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PERSONAL CONGRESSIONAL RECORD 



OF 



HON. J A M E 5^ U M I L L A N, U. &. g P, N A T R. 

- M I (? H I g A N - 

FIFTY-SECOND CONGRESS. 

MARCH 4, 1891 TO '^AROH 4, 1893. 



INDEXED 

3H0WIN& THE HIgTORIES OP BILLS. JOINT REgOLUTIONS 
AND MEASURKg INTRODU0ED BY HIM OR IN WHIKH HE BE0AME 
OFF Igi ALLY INTERKgTED AND YEA AND NAY VOTES. 



OOMPILED AND ARRANf^ED BY EDWARD K. WINSHIP, 



A S H I K G T N D . G . 



18 8 5 



gONTSNTg OF INDEX. 



E/o 



V. 



ATTSNUED, 

APPOINTED ON gOMMITTEES. 

APPOiNfEU gOMPSRSR, 

AMSNUMSNTS GPFiilRiilD, 

BlLiLg AND JOINT RESOLUTIONS. 

MOTIONS AMU RESOLUTlONg. 

REMARKS. . ■ 

REPORTS PROM '20MMITTI'JEg. 

A8RI0ULTURE AND FORESTRY. 
gONPSRENgS. 

District of (2olumbia, 

POST OPFliiSS AND POST ROADS. 
YEA AND NAY VOTES, 



Pass i 



2 

3 

19 

21 

23 
23 
24 
31 

32 









INDEX 



FIFTY-SECOKD CONGRESS. 



1 Ses. 



2 Ses, 



attf;nded, 



APPOINTF.D OW COMMITTERS; - 

AGRICULTUKE AND FORESTRY, 

DISTRICT OP COLUMBIA, Chaircian, 

EDUCATION AND LABOR, 

POST OFFICES AND POST ROADS, 

DISTRICT CORPORATIONS, (Special) 6887 

TO ATTEND FUNERAL OF JOHN S. BAR- 



75 
75 
75 
75 



BOUR, 



4279 



H.R. 5119 
K.R. 5971 
H.R. 8579 

H. RES. 118 

S. 1507 

B.FFS.108 

H.R. 429 

H.R. 410 

H.R. 4667 
H.R. 9172 



APPOINTED CONFEREE; - 

Alleys in Washington, 

Brightwooci Railv?ay Company, 

District building permits. 

District Improvements, 

District Street Railroads, 

District Suburban Railway, 

Eokington and Soldiers' Home 
Railroad Company, 



6041 
6267 
5515 
4652 
6199 
5425 

5475 



Maryland and Washington Railv/ay, 6585 

Washington & Great Falls Railway 

Company, 6408 



684 



AMENDMENTS OFFERPJD. 



1 Ses. 



2 Ses. 



H.H. 5S99 Deficiency Appropriation Bill, 



63 2S 



H.R. 10258 Deficiency Appropriation Bill, 



2147 2409 



H.R. 6746 District of Columbia Appropriation 

Bill, 

H.R. 10038 District of Columbia Appropriation 

Bill, 



3049 


3053 






3088 












464 


555 






1053 


1055 






1096 





H.R. 9350 Safety Appliances on Railroads, 



1359 



H.R« 7520 Sundry Civil Appropriation Bill, 



5318 



K.R. 10238 Sundry Civil Appropriation Bill, 



1314 1357 
1909 



H.R. 7820 River and Harbor Appropriation Bill, 4197 



BILLS AND JOINT RESOLUTIONS. 



1 Ses. 



2 Ses, 



?HOWiNa THEIR gOMPLETE HISTORIES. 



S.3198 Adrian, Michigan; to erect public 

building at, 



4592 



8.2125 Anacosti& River, D.O; to allow bridge 

across, 957 

I Reported adversely, 6192 



S.1790 Antisell, Thomas; Relief, 512 
Reported; S.Rept.764, 4742 

( Debated in Senate, j 

S.3S53 Army and Navy Reserve; to organi^'.e, 

S.5477 Baltimore and Potomac Railroad; to 

abolish certain grade cros- 
' sings, 6531 



850 

1357 



S.1102 Barnes, Blias E. and others; to ad- 

j judioate claim, 75 

Reported adversely; S.Rept.l283, 

S.3387 Barton, Joseph; Increase cension, 5822 



1464 



S.3740 Block, S.J. and A. F.Bauriiian; Relief, 



675 



S. 299 Borst, Melancthon; to grant honor- 
able discharge, 28 
Reported adversely; S.Rept.484, 2809 



S.3388 Breed, Samuel D; 



Pension, 



5822 



S.3349 Brightwood Railway Company; to incor- 
porate, 5596 



Bills and Resolutions, - Continued. 1 Ses. 2 Ses, 

S.3531 Brigiitwood Railway Ooinpany; to amend 

charter, 25 

Reported; S. Rep t. 1201, •• 829 

S.o560 Burns, John E; Pension, 46 

S.3709 Burns, John E; Pension, 520 

S.1942 Burt, William A; Relief of heirs, 611 

S. 784 Carlisle, Frederick; Relief, . I 44 

S.1791 Cheboygan, Michigan; to erect public 

building at, 512 

S.5623 Columbian University; to amend act for 

relief, , 227 

Reported; S.Rept.ll46, and passed, 390 

Passed H. R. 441 

Approved by President, • 676 

S. 785 Convict labor; to prohibit employment 

of on Government work, 44 

S.5466 Cooper, William; to remove charge 

of desertion, . . 6484 . 

S.2620 Culhan, Patrick; Relief, 2145 

S.2652 Davis, Bela R; Relief, 2249 

Reported adveely; S.Rept.657, ^ 4197 

S. 297 Detroit, (Mich.) Marine Hospital; to 

improve, ' 28 

Reported, 271 

Passed Senate, 393 

Referred to H.R.Com.on Commerce, 488 

Reference changed to Pub.Buildgs & 

Grounds, 1020 1043 



Bills and Resolutions, - Continued. 1 Ses. 



2 Ses. 



S.1256 District of Columbia; lo regulate 

practice of medicine, 101 

Reported adversely, 3076 

S.1551 District of Columbia; for girls're- 

form school in, 109 
j Reported; S.Rept.92, 466 
Passed Senate, 1561 
Referred to H.R.Goiumittee on Pub- 
lic Buildings and Grounds, 1449 



S.1492 District of Columbia; to appoint in- 

I spector of plumbing, 240 
Reported; 3.Eept.lS9, 707 
Passed Senate, 1906 
Referred to H.R. Committee on Dis- 
trict of Columbia, . 2020 
Reported; H.R. Rept.869, 2581 
Debated in H. R. 2624 
Passed H. R. amended, S178 
Senate agrees to amendment, 3245 
Approved by president, 3629 



3176 



S.1494 District of Columbia; for additional 

associate .iustice in supreme 
I court, 240. 

Reported adversely, 3466 



S.1495 District of Columbia; to amend act 

relative to supreme court, 



240 



S.1591 District of Columbia; to amend act 

for protection from fire, 284 
Reported adversely, 6192 



Bills and Resolutions, - Continued. 1 Ses. 2 Ses. 

S.1592 Distriot of Columbia; to amend act to 

amend general incorporation 
law, ' 284 

5.1714 Distriot of Columbia; to prevent oru- ; 

elty to children in, . 390 
Reported, 1959 
Passed Senate, 3517 
Referred to H.R. Committee on Dis- 
trict of Columbia, 3630 
Reported; H. R.Rept.1215, 57<f.9 
Passed H. R. 5261 
Approved by President, 5488 

5.1715 District of Columbia; to amend act 

relative to police regulations 390 
Reported adversely; S.Rept.283, 1471 

5.1716 District of Columbia; granting author- 

ity to Commissioners for open- 
ing and changing alleys in, 390 

S.1884 District of Columbia; to prevent fraud 

on water revenues, 532 

Reported; S. Kept. 140, i 707 

Passed Senate, 1906 

Referred to H.R. Committee on Dis- 
trict of Columbia, 2020 
Reported; H. R. Rept. 868, 2581 
Passed H. R. 2611 
Approved by president, 2985 

S.1885 District of Columbia; to amend act 

relative to tax sales and taxes 532 
Reported adversely, 3076 



Bills and Resolutions, - Continued. 



1 Ses. 



2 Ses, 



S.1886 District of Columbia; to allow grant- 
I ing of pardons by Commission- 
' ers, 532 

: Reported; S.Rept.255, 1129 

I Passed Senate, 3246 

Reconsidered and indefinitely post-3251 

I poned, 

i 

S.1931 District of Columbia; to amend law rel- 

j ative to duties of assessors, 573 
Reported; S.Rept.176, 914 

Indefinitely postponed, 2190 

S.217b District of Columbia; to extend time 

for assessment of real estate .1130 
Reported adversely, 2182 



S.2177 District of Columbia; for reassessment 

and re -levying taxes in, 1130 
Reported adversely. 



1408 



S.2280 District of Columbia; to amend law rel- 
ative to property of married 
j women, 1266 

Reported; S.Rept.357, 1959 

Passed Senate, 3517 

Referred to H. R. Committee on 

District of Columbia, 3630 



S.2281 District of Columbia; to regulate 

sale of liquors in, 



1266 



S.2234 District of Columbia; relative to 

special assessments in, 



1169 



Bills and Resolutions, - Continued. 1 Ses. 2 Ses. 

S.2568 District of Coluoibia; to punish false 

swearing before Police and 
Fire Department trial boards, 1472 
Reported adversely, • [■ 2248 

S.2275 District of Coluiribia; for sale of cer- 
tain lots in, 20S7 
Reported; S. Rep t. 412, ' 2248 
Passed Senate, 3832 
Referred to H.R.Coinniittee on Dis- 
trict of Columbia, 3921 

S.2732 District of Columbia; to regulate 

control of bridges in, 2601 
Reported; S.Rept.486, and refer- 
red to Committee on Appropria- 
tions, 2891 

S.2734 District of Columbia; to rebuild 

bridges, 2601 

Reported; 3.Rept.488 and referred 

to Committee on Appropriations, 2891 

S.2845 District of Coluifioia; to regulate sale 

of liquors m, • ' 2946 

Reported; 3.Rept.823, ■ 4244 5317 

Passed over in Senate, • - 5791 
Indefinitely postponed, 1659 

S.2944 District of Columbia; to make survey- 
or a salaried officer, 3405 

S.2953 District of Columbia; for support of 

Register of Wills in, 3437 



Bills and Resolutions, - Continued. 1 Ses. 2 Ses, 

S.2994 District of Columbia; to prohibit sale 

of ice on Sunday, 3b07 

Reported; S.Rept.693, 4351 

Passed over in Senaie, 5795 

S.5011 District of Columbia; to define ju- ■ 

risdiction of Police Court, 3692 
Reported, 4308 
Passed Senate, 4747 
Referred to H.R. Committee on Judi- 
ciary, 4780 
Reported; H. R.Rept.l926, 6313 
Passed H. R. 6455 
Approved by President, 6742 

S.S080 District of Columbia; government of, 4001 

Reported v.'ith amendnient, 901 



S.3319 



District of Columbia; to correct ti- 
tles of certain lota in, 5464 



1548 



S.3383 District of Columbia; relative to rate 

of interest on taxes, 5822 

Reported (S.Rept.ll83) and passed 

Senate, 733 

Referred to H. R. Committee on 

District of Columbia, 821 

H.R. 10489 passed H.R. as substi- 
■ tute, 

Became law, 

S.3530 District of Columbia; to create a 

Board of Charities, 25 

Reported; S.Rept.l213, 830 



10 



Bills and Resolutions, - Continued. 1 Ses. 2 Ses. 

S.o664 District of Columbia; to regulate form 

of real estate deed, 304 

S.S691 District of Columbia; to regulate cer- 
tain employes in, 590 
Reported; S.Rept.ll62 520 

S.5735 District of Columbia; to amend act re- 
quiring semi-annual statements 
from foreign corporations, . . 675 

S. RES. 87 District of Columbia; to allow Chief 

of Engineers to take possession 

of certain property, 4592 

S. RES. ICO District of Columbia; to allow extra 

railroad tracks in, 6264 

Passed Senate, 6265 

Referred to K.R. Committee on Dis- 
trict of Columbia, 6339 

Passed H. R. 7123 

Approved by President, 7080 

S. RES. 101 District of Columbia; to allow pits or ' 

vaults in public alleys, 6317 

S. RES. 110 District of Columbia; to confer con- 
trol of bridges on Commission- ' ' 
ers, 6832 
Reported; S.Rept.liS2, 226 

S. RES. 130 District of Columbia; to make Saturday 

a bank naif-holiday, 304- 

Reported with amendment, • • 356 

Debated and passed Senate, 391 

Referred to H. R. Committee on Dis- 
trict of Columbia, 500 

(OVER) 



11 



Bills and Resolutions, - Continued. 1 Ses. 



2 Ses. 



3. RES. ISO Continued, - 

; Reported; H.R.Rept.2524, 

Passed H. R. 
' Approved by President, 

S.2253 Dredge, James; Increase pension, 1169 

Reported adversely; S.Rept.676, 4308 



747 
1549 

1854 



S.1046 Eokington and Soldiers' Home Rail- 

I road Company; to amend ohar- 

I ter, 69 

3. RES. 55 Educational Institutions; to estab- 
lish at the National Capital, 1472 
Reported, 1713 
Indefinitely postponed, 3155 

S.2976 Flint, IvSiohigan; to erect public 

building at, 3466 

S. 985 Fort Wayne, Mich. - to enlarge mil- 
itary post, 65 

Reported; S.Rept.l64, 832 

Passed Senate, 2186 

I Referred to H.R. Committee on Mil- 
! itary Affairs, 2268 

1 Reported; H.R.Rept.l642, 5314 

Passed K.R. amended. 

Senate concurs. 

Approved by President, 

3.2709 Free Delivery System; to extend to 

rural districts, 2490 



191 

849 

1175 



3384 



Gallagher, Margaret; to pension, 5822 



12 



Bills and Resolutions, - Continued. 1 Ses. 2 Ses. 

S.2519 Georgetown D C; to vacate and extend 

streets in, 2145 

Reported; S.Rept.449, . . . '- 2560 

Indefinitely postponed, . 5436 

S.5078 Gleason, Spencer D; to grant honor- 

orable discharge to, ■ 4001 

S.27S1 Grand Army Encampment; making appro- 
priation for, 2601 

S.RES. Great Lakes; to investigate raft-tow- 

3 24 ing on, • 228 

Passed Senate, ' 328 

Referred to H. R. Gonifflittee on In- 
terstate and Foreign Commerce, 379 
Reported; H.R. Rept.2353, and pas- 833 

sed K. R. 
Approved by President, 1130 

S.2178 Hall, ifarren; Increase pension, 1130 
Reported adversely; S.Rept.679, 4508 

S.1717 Bunter, Samuel G; Relief, , 390 

S.3529 Interstate Commerce; to amend act to 

regulate, 127 

S. 296 Knaggs, James W; Relief, 28 

S. 295 Lake Huron; for wind-signal stations 

on, 28 

S.2708 Letter Carriers; to fix pay and du- 
ties of substitute, 2490 



S.338o Livermore, Rebecca; Pension, 



5822 



^ Bills and Resolutions, - Continued. 1 Ses. 2 Ses, 

i 
S.2164 Long, James W; Relief, 1047 

S.1789 Marquette, Michigan; to make port of , 

delivery, 512 

' Indefinitely postponed, 3032 

S.2946 Masonic Mutual Relief Association; 

to amend act to incorporate, 3405 

" Reported; S.Rept.701, 4456 

1 Passed Senate, 6834 

I j Referred to H.R. Committee on Dis- 

' ' trict of Columbia, 6893 

.Reported; n.Rept.2l69, 190 

Senate concurs in H.H. amendment, 1510 

Approved by president, ^ 1834 

3.1620 Merrill, John H; Relief, ' 311 

S. 783 Michigan; to create northern judicial 

j district in, 44 

I I 

S.2945 Munson, Almond; to grant honorable 

discharge to, 3405 

3. 300 Owasso, Mich, to erect public build- 28 

iag, 
Reported; S.Rept.46l, 2635 

Passed Senate, 4593 

Referred to H.R. Committee on 
. j Public Buildings & Grounds, 4667 

S.1350 Patent cases; to furnish decisions 

of Courts in, 109 

S.3077 Patterson, David; to grant honor- / 

able discharge to, 4001 



14 



Bills and Resolutions, - Continued. 1 Ses. 2 Ses. 

S.1519 Potomac River, D. 0; to maintain 

public bathing beach, 311 

S. RES. 90 President of the United States; to 

elect by vote of people, 5430 

S.1491 Public and Departmental Library; to 

establish, 240 

Reported; S.Rept.P33, '6192 

Debated and referred to Senate 

Committee on Library, ' 522 

S.2604 Railway postal clerks; to regulate 

salaries, 2080 

Reported; S.Rept.498, 2945 

Debated and passed Senate, 4745 
Referred to H. R.GoHmittee on 
Post Offices and Post 
Roads, 4780 

Reported; H.R.Rept.2292, 703 

S.1581 Revenue Cutters; to construct for ser- 
vice on Great Lakes, 356 
Reported; S.Rept.l28, 610 

Passed Senate, 1648 

Referred to H.R. Committee on In- 
terstate & Foreign Com- 
merce, 1927 
Reported; H. Rep t. 820, 

(Not in Record. ) 

S. 301 Ripley, Emma A; to issue duplicate 

land warrant to, 28 



15 



Bills and Resolutions, - Continued. 1 Ses. 



2 Ses. 



S.2045 Rock Creek, D.C; to rebuild bridge 

across. 

Reported; S.Rept.217, 

Passed Senate, 

Referred to H.R. Committee on Dis- 
trict of Columbia, 



789 
1047 
250b 

2494 



S.5160 Sharpe, Julia C; Pension,-- 
Reported; S.Rept.740, 
Passed Senate, 

Referred to fl.R.Comiiiittee on In- 
valid Pensions, 



S.2621 Sheehan and Dunn; 



Relief, 



4351 
4645 
570b 

5742 

2145 



3.1105 Spencer, Thomas J; Relief, 75 

Reported adversely; S.Rept.8b8, 5645 

S.1788 St. John's Church Orphanage Associa- 

! ticn; to incorporate, 512 

I Reported adversely; S.Rept.482, 2809 

S.1746 Taylor, Janor L.P; Pension, 444 

Reported adversely; S.Rept.677, 4308 



S. 298 Taylor, Eunice; Relief, . 28 

Reported; S.Rept.50, 443 

Passed Senate, 1313 
Referred to H.R. Committee on 

Claims, 1448 

S.2082 i'lashington, D. C. -to erect public 

building in, 914 



16 



Bills and Resolutions, - Continued. 1 Ses. 2 Ses, 

8.2546 Washington, D.C; to extend Massachu- 
setts Avenue in, 1713 
Reported; S.Rept.410, and ref- ". 
erenoe changed to Committee 
on Appropriations, - • 2247 

S.2457 Washington, D.C; to erect building for 

flower market, 1713 

Reported; S.Rept.487, • 2809 

Debated and passed Senate, 45fib 4887 

Referred to K. R. Committee on Dis- 
trict of Columbia, 4948 

Reported; a.R.Rept.2475, 1488 

S.3594 Washington, D.C. to confirm title to 

certain lots, • • ' 156 

Reported; S.Rept. 1-552, • 2262 

S.RES*45 Washington, D.C; to regulate theater 

licenses, 1152 
Reported, amended and passed Sen- 
ate. 1229 
Passed H. R. • 1528 
Approved by president, • 1471 

S. RES. 88 Washington, D.C; to allow platform 

in certain alley, . • - 4645 
Reported and passed Senate, 4842 
Referred to H. R. Committee on Dis- 
trict of Columbia, 4948 
Reported; K.R. Rept. 1896, 6220 

S. RES. 104 Washington, D.C; to allow temporary 

erection of overhead wires, 6484 

passed Senate, 6484 

Passed H. R. 6664 

Approved by President, 6846 



17 



Bills and Resolutions, - Continued. 1 Ses. 



2 Ses. 



S»3448 



fashington and Arlington Railway; to 

amend charter, 6264 

Reported; S.Rept.l078, 6745 

Passed over in Senate, 6955 



1414 



S.2015 Washington and Georgetown Railroad 

Company; to amend Charter, 747 
Reported; S.Rept.234, 1129 
Passed Senate, 2506 
Referred to H.R. Committee on Dis- 
trict of Columbia, 2494 
Reported; H.R.Rept.l059, 5142 
Debated, 5178 
Indefinitely postponed, 4102 
i 
S.3109 Washington and Georgetown Railroad 

Company; to amend charter, 4118 

Reported; S.Rept.707, 4539 

Passed Senate, 6875 

Referred to H.R. Committee on Dis- 

i trict of Columbia, 6998 



S.3688 Washington and Marlboro Electric Rail- 
I ' way Company; . to extend, 



557 



S.1493 Washington Northeastern Railway Com- 
pany; to incorporate, 240 
Reported adversely; S.Rept.638, 4118 

S.2622 Way, Timothy; to remove charge of 

desirtion, 2145 



3.5079 Way, Timothy; to remove charge of 

desertion, . 4001 



18 



Bills and Resolutions, - Continued. 1 Ses. 



c bes. 



3.2126 



Whitall, Catherine E; Relief, 
Reported; S.Rept.l025, 
Indefinitely postponed, ' . 



957 

5483 



1414 



S.SS09 Whitall, Catherine E; Relief, 
Reported; S.Rept.937, 
Passed Senate, 

Referred to H.R. Committee on 
Claims, 



5430 
6192 



1320 
1383 



S.3386 



finget, Sallie A; 



Relief, 5822 



19 



MOTIONS AND RESOLUTIONS. 



Adjourn, 



1 Ses. 



95 



j^_3q&. 



Brightwood Railway Company; inquiry relative to, 357 



Cattle Report; to print, 



417 



Committee on District of Columbia; granting 
leave to sit during sessions, 



1609 



District of Columbia; inquiry relative to safety 

of public buildings in, 285 

District of Columbia sewerage; to print report on, 709 

^District of Columbia; inquiry relative to condi- 
tion of bridges, 1472 

District of Columbia; inquiry relative to theater 

licenses, 3735 



Executive Session, 



5255 



Fo'rd, Melbourne H; death of, 



94 



Great Lakes; inquiry relative to building war 
ships on. 



3095 



Great Lakes; inquiry relative to naval force on, 3095 



Great Lakes; inquiry relative to wrecking privi- 
leges. 



1722 



Portage Canal and Improvement Company; calling 

for report of C. E. L.B.Davilon, 3557 

Potomac River front; inquiry relative to occupa- 
tion of, 3249 



20 



Motions and Resolutions, - Continued. 1 Ses. 

! 

Rook Creek Sewer; inquiry relative to, 

Rook Creek; inquiry relative to sewer- 
age systeDi of, 6553 

Senate employes; to appoint aaditional, 
' ' ' I 

i 
Sheep industry; to print report on, j 

i 

Suburban Streets; inquiry relative to j 



a, bes. 



1722 



18 
417 



width of, 



4842 



21 



REMARKS. 



Anaoostia and Potomac River railroad, 



Brightwood Railroad Company, 



Daisy Chain Hospital, 



Deadly Weapons, 



Detroit, (Mich.) Marine Hospital, 



District of Columbia Appropriation Bill, 





1 Ses. 


2 Ses 


d, 


3S73 


3376 






6266 


6267 


1562 




6116 








5788 








393 







District of Columbia assessments, 



3037 3038 

3041 3044 

3049 3050 
3054 1053 1091 



5882 



District of Columbia bridges, 



6832 



District of Columbia Municipal building, 



Eckington and Soldiers'Home railroad Co. 



1095 



3474 3475 



Ford, Melbourne H; death of, 



1202 



Inauguration Stands, 

Institutions of Learning, 

North Capitol Street extension. 
Railway postal clerks salaries. 

River and Harbor appropriation bill. 

Rook Creek bridge, 



2003 



2684 



5432 6662 1510 151: 
4745 4746 

4457 

2306 



Safety appliances on railroads, 



1373 



22 



Remarks, - Continued. 



1 Ses. 



2 Ses. 



Saturday bank half-holiday, 



Street railroads. 



6198 6199 



Washington and Arlington Railway, 16264 6265 



391 



Washington and Georgetown Railroad 
Company, 

Washington and Great Falls Electric 
Railway, 



2306 



6406 6407 
6408 



23 



REPORTS PROM COMMITQ'EES. 



1 Ses, 



gflOWINS THE gUBSEOUENT DISP02ITI0N OP 
EASH BILL OR RESOLUTION. 

COMMITTEE ON AGRICULTURE AND FORESTRY; - 



2 Ses. 



H.R.103S1 Legislative, Executive and Judicial Appro- 
priation Bill; amendment. 



Amend' t. 



Sundry Civil Appropriation Bill 



5418 



847 



H.R. 5119 



COMMITTEES OP CONFERENCE; - 

Alleys in (Washington, 
Became law. 



H. RES. 108 District of Columbia Street Railroads, 

Became law, 



H.R. 8295 Glen Echo Railroad, 

Became law. 



H.R. 8122 



One-horse Cars, 
Became law. 



6274 
6714 

6456 
6714 



H.R. 429 District of Columbia Suburban Railroad, 5562 

Became law, 5805 

I 

H.R. 410 Eckington and Soldiers' Home Railroad, 5597 

Became law, 5805 



4860 
57S8 

6795 
7017 



24 



Reports from Gomiiiittees, -r Continued. 1 Ses. 8 Ses. 



Gommittees of Conference, -. Continued. 



H.R, 8579 



Petworth, Brightwood and Taooina 

Park Railway, 6436 

Became law, 6828 



H.R. 9172 



Washington and Great Falls Electric 

Railway, 6436 6661 

Became law, . 7017 



CGMMITTE'.El ON DISTRICT OF COLUMBIA; - 



6. 



3792 



S. 1742 



H.R. 2786 



American University, 
Passed Senate, 
Indefinitely postponed, 

Ariacostia and Potomac Railroad; 

S.Rept.318', 
Passed Senate 
Reconsidered and indefinitely 

postponed, 

Anacostia and Potomac River Rail- 
road, S.hept.411, 
Became lavj, 



1805 



337b 



2247 
4191 



1408 
1512 
1626 



S:e 2125 



Anacostia River bridge. 

See "Bills i Resolutions'' p. 3, 



6192 



25 



Reports from Committees, - Continued. 



1 Ses. 



2 Ses, 



Committee on District of Ooluinbici, - Cont'd. 



1102 



2805 



Barnes, Elias E; 
Adversely. 

Botanic Hospital; 
Adversely. 



S. Kept. 1283, 



S.Rept. 595 



1464 



3513 



S. 3531 



Brightwood Railway Company; S.Rept. 1201, 
See "Bills 4 Resolutions" p. 4. 



829 



S. 3682 



S. 2852 



S. 679 



S. 2695 

S. 3765 

S. 2693 

S. 1477 



California Avenue; S.Rept. 1163, 

Passed Senate and Referred to K.R. 

Committee on District of Colum- 
bia, . i 

Capitol, North Street and South Wash- 
ington Railway; S.Rept. 596, 3513 

Passed Senate 

Referred to H.R. Committee on District 

of Columbia, 4948 

Reported; H.R.Rept.2170 

Passed H. P. 

Approved by. President, 

Claims against the District of Columbia; 
S.Rept. 1282, 
Adversely. 



Cook, Patrick; S.Rept. 709, 
Adversely. 

Corporation Reports; S.Rept. 1202, 

Crane,- John H; S.Rept. 700, 
Adversely. 

Crosstown Railroad; S.Rept. 169, 

Adversely. 



4540 



4456 



lii 



520 



1583 



190 

1538 
1834 



1464 



829 



36 



Reports from Committees, - Continued. 1 Ses. 2 Ses. 

Committee on District of Columbia, - 

Continued. I 



S. 2174 



Crosstov/n Railroad; S.Rept.594, 5523 

Adversely. i 



Amend' t. 
Amend' t. 
Amend' t. 

S. 2752 



S. RES. 110^ 



S. 709 



H.R. 410 



3. 2865 
S. 3691 



Daisy Chain Hospital, ■ 5486 



Defioiency. Appropriation Bill, 



District of Columbia Appropriation 

bill, . : 2891 



District of Columbia bridges. 
(Omitted in Record. ) 
See "Bills & Resolutions" p. 8. 

District of Columbria bridges; 
3.Rept.ll32, 



S. 3776 District of Golu/abia Railway Co. 



District of Columbia Suburban Rail- 

^vay Company; S.Rept.638, ' 4118 
Adversely. 

Eckin?,ton 5: SoldiersR Home Rail- 
road Co. S.Rept.355, i 1959 
Became law. ; 5805 



Elliott, Letitia S; S.Rept.708, 4540 
Adversely. | 

Employes; S.Rept.ll62, 

See "Bills i Resolutions" p. 10. 



733 2262 



520 



226 

2262 



520 



27 



Reports, from Committees, - Continued. 



Committee on District of Columbia, - Cont'd. 



1 Ses. 



2 Ses, 



H.R.9417 



Episcopal Cathedral Foundation, 
Became law, 



260 

540 



S. 2192 



Fire escapes. 

Adversely. 



6192 



,S. 1884 



Fraud on Water revenues; S.Rept.140, 707 
See "Bills 4 Resolutions" p. 6. 



S. 1866 



S. 2619 



Georgetown, Arlington 4 Falls Church 

Railway Company; S.R9pt.282, 1471 
Adversely. , 

Georgetown, D.C. Streets; S.Rept.449, 2560 
See "Bills 4 Resolutions" p. 12. 



H.R.6658 



Georgetown, D.C. Streets; 
Became law. 



3436 
4694 



S. 1351 



Girls Reform School; S.Rept.92, 

See "Bills 4 Resolutions" p. 5, 



466 



H. Res. 108 



3. Res. 144 



Horse Railroads; S.Rept.699, 
Became law. 

Inaugural Ceremonies, 
Passed Senate, 
Became law. 



4455 
6714 



928 
1476 



S. 1492 



Inspector of Plumbing; S.Rept.l39, 
See "Bills 4 Resolutions," p. 5, 



707 



S. Res. 55 



Institutions of learning. 

See "Bills 4 Resolutions", p. 11. 



1713 



28 



Reports from Co/uraittees, - Continued. 1 Ses. 2 Sea. 

Oommittee on .Distriot of Columbia, 

Continued. 



3. 2734 



3. S808 



K Street bridge; S.Rept.488, 2891 
See "Bills 4 Resolutions" p. 8. 

Maryland and iVashington Railway 
Company, 
Adversely. 



1408 



RES. 
3. 2657 



H.R.8815 



H.R.8122 



H.R.8.579 



Metzerott Hall; S.Rept. 11.57, 

North Capit.ol Street Extension; 
Debated in Senate, 

Indei'ini.tely .postponed, 

North Capitol Street, 
Passed over in Senate, 

One-horse oars, 
Became law, 



226 



4118 

5421 
6fid2 



5486 
I 7017 



Petworth, Brightwood 4 Taooma Park 

Railway Company, ■ j 5873 
Became lav;, 6828 



5431 



1313 

1313 
1510 



S. Res. 38 



Post Office Platform, | 4842 

See "Bills & Resolutions^ p. 16. 



S. Res. 135 



S. 3391 



Potomac River ice; 

Passed Senate and-H.R. and be- ; 
came law, | 

Protestant Episcopal Cathedral 

Foundation; S.Rept. 934, 6192 
Passed over in Senate, 6197 
Indefinitely postponed. 



622 

847 



260 



29 



Reports from Committees, - Continued. 



1 Ses, 



2 Ses. 



Committee on District of Ooiunibia, - Continued. 



S. 1591 Proteotion from fire, 

Adversely. 

S. 2735 P Street bridge; S.Rept.488, 

Petition Public School Text books, 

S.3764 Re-assessments for local improvements, 

S.Rept.ll93, 

S.2177 Re-assessment of taxes, 

Adversely. 

3.1960 Recorder of Deeds, 

Adversely. 

5.1961 Register of Wills, 

Adversely. 

S.2045 Rook Greek bridge; S.Rept.217, 

See "Bills 4 Resolutions" page 15 

H.R.6286 Rock Creek Railroad Company; S.Rept.233 

Became law, 

3.2994 Sale of ice on Sunday; S.Rept.69o, 

See "Bills 4 Resolutions" page 9. 

S.Res. Saturday bank half-holiday, 

130 See "Bills 4 Resolutions", page 10. 

Memorial Special assessments and taxes, 

H.R.8125 -Street railroad lines; S.Rept.l279, 

Motion to recommit entered. 
Passed over in Senate, 



6192 

2891 
2754 



819 
1408 



4540 



4540 



1047 



1129 2809 
4191 

4351 



356 



1408 

1408 
1889 
2498 



30 



Reports from Oommittees; - Gontinued. 1 Ses. 



2 Ses. 



Gomuiittee on District of Columbia, - 

Gontinued. 



H.R.4845 



3. 1965 



S. 261-2 



3. 603 



RES. 



3. S448 



3. 1433 



1314 



3. 1105 



3.2015 



Tax Sales; 3. Rapt. 538, 
Became law, 

Trotter, James M; 

Reference ohan;^ed» 



Unpaid taxes. 
Adversely. 

Walsh, James W; 
Adversely. 



3.Rept.l284, 



Vfashington Aquedaot Tunnel; 3. 
Rept.313, 



3076 
4507 

3513 



4540 



1712 



Washington -i Arlington Railroad 

Go. 3. Rep t. 1078, ' 6743 
See "Bills & Resolutions", p.l7.i , 

i 

Washington 4 Bladensburg Street ; 

railwa-, Company; S.Rept. 

638. ' 4118 

Adversely. I 



Washingtoa 4 Brookland Railway; 
S.Rept. 838, 
Adversely. 



4118 



1464 



Washington 4 Deanwood Railway Go. | 

S.Rept. 638. I 4118 

Adversely. 

Washington 4 Georgetown R. R. Go. 

S.Repts. •254, 707. 1129 4540 
See "Bills i Resolutions" p. 17., 



31 



Reports from Goiainittees, - Continued. 



Committee on Distriot of Columbia, - Continued. 



1 Ses. 



2 Ses. 



.R.9172 



Washington 4 Great Falls Eleotrio Railway 

Go. S.Rept.6P2, 4351 5429 

Beoame lav/, 7017 



.Res. 45 



fashington, D.C. theater licenses, 
See "Bills 4 Resolutions" page 16. 



1229 



Washington Market Company; inquiry relati'/e 

to, 1167 



1. 1493 



Washington North-eastern Street railway Co. 

S.Rept.638, 4118 

Adversely. 



1450 



Zoo Street Railway Company; S.Rept.l68, 
Adversely. 



913 



COMMITTEE ON POST OFFICES AND POST ROADS; - 



S. 1095 



Chambers, Thomas; S.Rept.9, 239 

Passed Senate - Referred to H.R. Com- 
mittee on Claims, - Reported; 
H.R.Rept.l062 - 
Consideration in H.R. objected to, 3359 
Debated and rejected, 



209 



Amend ' t. 
3. 2604 



Post Office Appropriation Bill, 5418 

Railway Postal Clerks pay; S.Rept.498, 2945 
See "Bills & Resolutions" page 14. 



32 



YEA AND-NAY VOTES. 



1 Ses. 



2 Ses. 



WHkM "ABSENT" OR NOT VOTING 
NO RF.gORO IK HERS SHOi'iN, WHEN PRAg- 
TIBABLE. ADDITIONAL PAaSS HAVE BEEH 
INSERTED TO INDliiATE THE SUBJEiiiT OF 
VOTES M THE 0ONTEXT. IN THE ABSENCE 
OF THIS, RSFERSNiiS (2AN BE MADE TO 
THIS INDEX. 



S. 1 



Adulteration; to prevent, 



1852 



H.R. 9612 Alabama; to fix number of district at- 
torneys and marshals in, 



2524 



H.R. 5499 Arizona; to amend act to approve fund- 
ing act of, 3408 

i I ' 

S. 1768 Bureau of Engravin? and printing; to i 

I allow leaves of absences in, 2605 



H.R. 6185 Chinese immigration; to prohibit, 



3624 3627 



S. 1282 Coasting Vessels; to exempt from State 

1 pilot fees, 4417 



3. 525 , Columbia hiver; to construct boat railrT" 

! way on, ■ ,2322 

I 
S. 541 Columbia River; to improve, 2321 

3. 1185 District of Columbia; to establish 

Court of Appeals in, 3414 



33 



YEA AND NAY VOTES, - Continued. 1 Ses. 2 Ses. 



H.R.8494 District of Columbia; on bill to pun- 
ish carrying or selling wea- 
pons in, 



5790 



H.R. 10266 District of Columbia liquor traffic; 

to regulate, 2091 2172 

2173 2210 
2214 2215 
' 2217 2279 

i ■ I 2280 

1 

H.R. 5974 Indian appropriation bill, 2758 2769 

2998 

La Abra Silver Mining Company; to ad- 

.iudicate claim of, 722 

H.R. 9040 Legislative, Executive and judicial 

appropriation bill, 5503 5565 

6193 

H.R. 10331 Legislative, Executive and Judicial ^ 

appropriation bill, 2489 

S. 1106 Lewis, John W; on bill for relief, 1847 

S. 2707 Marine Hospital Service; granting 

additional quarantine powers 

to, 468 471 

473 

S. 3741 MoGarrahan, William; for relief, 2524 2525 

2527 2529 
2532 

S. 2169 Mississippi River; to improve, 2317 



34 



YEA AND NAY VOTES, - Continued. 1 Ses. 2 Ses, 



H.R.I 0488 Navy Appropriation Bill, 2272 

S. 2626 New York and New Jersey Bridge Com- 
panies; to allow them to 
bridge Hudson River, 

a. R. 7845 Options and futures; on defining 

and taxing, 



Order of Business, 6042 6337 

6392 



479 


529 


598 


599 


990 


993 


994 


995 



234 


530 


564 


1242 


1273 


1466 


1486 


1509 


2088 


2169 


2275 


2281 


2282 


2319 


2322 


2496 


2534 





H.R. 10349 Post Office Appropriation Bill, 2495 

S. 1549 Public Documents; to regulate print- 
ing and distribution, 1147 

3. 622 Public Lands; to amend act for relief 

of settlers on, 2267 2309 

H.R. 9350 Railroad autoiaatio couplers; to re- 
quire use 01, 1375 1482 



1486 



67 Revenue Marine Service* to transfer 

to Navy Department, or^73 



35 



YEA AND NAY VOTfiS, - Continued. 



1 3es. 



2 Ses. 



H.R.7820 

3. Res. 31 

I 

H.R.7023 
3. Res. 4 6 
H.R.7520 



River and Harbor appropriation bill, 4419 



Russia; to transport contributions 
for relief of sufferers in, 

Shipbuilding; to encourage, 

Sluas of Cities; to investigate, 

Sundry Civil appropriation bill, 



H.R. 10238 Sundry Civil appropriation bill. 



111 



4084 



5786 



5939 


6097 






6107 


6154 










1664 


1666 






1689 


1723 






1727 


1780 






1781 


1796 






1840 


1850 






1897 


1898 






2005 


2522 



S. Res. 125 Swamp-land patents; to suspend issue 

of, 

S.1216 Wheaton and Chamberlain* for reli-^f 

of 1228 



2202 



S.2373 



Yellowstone Par':; to establish boun- 
daries of, 4127 



Il[ 



r=a o 




St fcsebiSion. 



CONGRESSIONAL RECORD.l 

i 



PROCEEDINGS AND DEBATES OF THE FIFTY-SECOND CONGRESS. 



FIRST SESSIOlSr 



SENATE, 
Monday, December 7, 1891. 

The first Monday of December being the day prescribed by the 
Constitution of the United States for the annual meeting of Con- 
gress, the first session of the Fifty-second Congress commenced 
this day. 

The Senate assembled in its Chamber at the Capitol. 

The VICE-PRESIDENT of the United States (Mr. Levi P. 
Morton, of the State of New Yoi-k) took the chair at 12 o'clock 
noon, and said: 

It gives the Chair great pleasui-e to extend a hearty welcome 
to the members of this body, who this day resume their official 
duties after a season of rest from their arduous labor. This be- 
ing the day designated by the Constitution of the United States 
for the annual meeting of Congress, the Senate pursuant thereto 
is now in session and will come to order. 

PRAYER. 

Rev. J. G. Butler, D. D., Chaplain to the Senate, offered the 
following jorayer: 

God of our fathers and our God, we seek Thy benediction as 
we come, amid abounding mercy, to the responsibilities of this 
hour. Accept our thanks for Thy kind leading, for the blessing 
that has abode upon us in our persons, in our families, and in our 
land. 

We thank Thee for abundant harvests, for the rewards of labor, 
for freedom from pestilence, and for continued peace and pros- 
perity in the nation. Thou hast not thus dealt, O Lord, with any 
other people. We seek Thy continued favor. Make us worthy 
of our rich heritage, hallowed by the faith and piety, the tears and 
blood of our fathers. 

Bless Thy servants, the President and Vice-President, with 
the Cabinet council. Pour upon the two Houses of Congress 
very richly of Thy spirit. Have in Thy holy keeping these Thy 
servants, blessing'them in their persons, in their families, in their 
social and public relations, so guidmg by Thy divine counsel that 
they may have peace, and that our land may be blessed. 

Bless us in the great family of nations, causing our judges to 
decree righteous judgments, and making the defenders of the 
nation to be governed by the spirit of the Prince of Peace. 

God of Abraham and of Isaac and of Jacob, the God of the na- 
tions of the earth, so highly exalting us, look in mercy upon the 
oppressed of all lands. Pity Thine own ancient peojDle, perse- 
cuted and scattered, and so animate their hearts and the hearts 
of all in authority everywhere with the truth and justice and 
righteousness of the Prince of Peace that all nations and peoples 
may soon enjoy the blessings which wo so abundantly possess. 

Guide us this day by Thy divine counsel. Grant richly of Thy 
grace and of Thy peace. Restrain from all evil and quicken us 
in all good, using us for Thy glory, so that finally, when the end 
of this earthly conflict shall come, we may be gathered to the en- 
joyment of Thy people's rest. 



Our Father who art in heaven, hallowed bo Thy name. Thy 
kingdom come. Thy will be done upon earth as it is in heaven. 
Give us this day our daily bread. Forgive us our trespasses as 
we forgive those who trespass against us. And lead us not into 
temptation, but deliver us from evil. For Thine is the kingdom, 
and the power, and the glory, forever. Amen. 

RESIGNATIONS OF SENATORS. 

The VICE-PRESIDENT laid before the Senate the following 
communications; which were read, and ordered to lie on the 
table : 

United States Senate, Washington, D. C, Ajiril «, isst:. 
Sir; It becomes my duty to inform you that I have sent to the Bovernor of 
the Stale of Vermont my resipuation of the office of Senator ot the United 
States, to take effect on the 1st day of November next. Accept, sir, for your- 
self and the Senate, my parting salutations, embracing personal good wishes 
for all its members and a contldent good hope for the futm'e as " the sheet 
anchor of the Republic." 

I am, sir, very respectfully, yours, 

GEO. F. EDMUNDS. 
The Hon, Levi I». Morton, 

Vice-rrisiiUni it f the United States. 

and l^rtrsident of the Senate, Washington, D. C. 

Palestine, Tex., April 24, 1S9I. 
My Dear Sir: Ha\-ing agi-eed to .accept a place on the railro,ad commis- 
sion of Texas, and hartng tendered my resignation to the governor of the 
State of Texas ot the position of a Senator in the Cimgress ot the United 
States, to take effect on the loth of Jime next, it becomes my duty to advise 
you of the fact of my resig-nation. 

From a sense of duty to the State and people of Texas I with regret termi- 
nate my C(muetjti(»u with the Senate to accept a position of less ctignity and 
of less emoluments. And I leave the Senate with my sincerest wishes for the 
welfare ami hapiduess of yotu'self and each indirtdual Senator; for mv rela- 
tions have been pleasant with all. 
Very truly and respectfully, 

JOHN H, REAGAN. 
Hon, Levi P, Morton, 

Vice-President of the United States, 

Washington, D. C. 

CREDENTIALS. 

The VICE-PRESIDENT presented the ci-ixlentials of Horace 
Chilton, appointed by the governor ot the State of Texas a Sen- 
ator from that State, to till, until the next meeting of tlie Legis- 
lature thereof, the vacancy caused by the resignation of .lolin H. 
Reagan in the term ending March 3, 1893; which were read, and 
ordered to be filed. 

He also presented the credentials of Charles N. Felton. chosen 
by the Legislature of California a Senator from that State to fill 
the vacancy caused by the death of George Hearst in the term 
ending March 3, 1893; which were read, and ordered to be filed. 

He also presented the credentials of R«dfiold Proctor, aiJiioiiit«;d 
by the governor ot the State of \'ermont a Senator fi-oin that 
State, to fill, until the next meeting of the Legislature thereof, 
the vacancy caused by the resignation of George F. Edmunds in 
the term ending March 3, 1893; which were read, and ordered to 
be filed. 

He also presented the credentials of John M. Palmer, chosen 
by the Legislature of Illinois a Senator from that State for the 



2 



CONGRESSIONAL RECORD— SENATE. 



December 7, 



term beginning- March 4, ISOl; which were read, and ordered to 
^e filed. 

Mr. GORMAN presented the credentials of Charles H. Gib- 
Bon, appointed by the governor of the State of Maryland a Senator 
from that State, to fill, until the next meeting of the Legislature 
thereof, the vacancy caused by the death of Ephraim K. Wilson 
in the term ending March 3,1897 : which were read, and ordered 
to be filed. 

SENATOR FROM FLORIDA. 

The VIC K-PRESIDENT presented the credentials of Wilkin- 
son Call, chosen by the Legislature of Florida a Senator from that 
State for the tonn beginning March 4, 1891 ; which were read, as 
follow.s: 
Trnuscript of the proceefllngs of tile XjCgislature of Florida in joint assembly 

in the election of Wilkinson Call to the Senate of the United States for the 

term of six years commencing March 4, 1891. Certified under the great seal 

of the State. 

House op Representatives, 

Tallahassee, Fla., May 2C, ISOl. 

On motion of Mr. Hutchinson, a committee, consisting of Messrs, Hutchin- 
son, Carter, and Atkinson, was appointed to inform the senate that the house 
of representatives was ready to receive it in joint session. 

After a hriet absence the committee reported that the duty assigned had 
been performed, and was discharged. 

The senate entered the house and the president thereof took the chau'. 

The roll of the senate beinu called, the following senators were present: 

Mr. President, Messrs. Broome, Bryant, Calhoun, Coulter, Crosby, Pirrong 
Eoseborough. Smith of thii-tieth, Summers, Sweariucen, Thomas, Wads 
worth, WoICe. and Yancey— 15. 

The roll of the house being called, the following members were present: 

Mr. Speaker. Messrs. Bates. Berry, Bethel, Beville, Blitch of Levy, Bogue 
Brown. Bufurd, Cauty. Carleton. Carson, Clark, Dimick Dykes, Goode, Had- 
dock, Hicks, High, Hutchinson, Johns. King, Lavender, McCaskill, Mom-oe, 
Morgan, Morris, Overstreet, Peacock, Pittmau. Priest, Rye, Saulsbury, Stap 
ler, Suuuui-rliu, Thompson, Usina, Vann, and Wilson~39. 

Total number of senators and members of the house of representatives 
present in ,1oint session. 54. 

The chair aimounced that a majority of all the members elected to both 
houses of the Legislature being present, a quorum was present and ready to 
proceed to business. 

Upon this aunotmceuient by the chair, Mr. Dougherty appealed from the 
decision of the chair. 

Upon a vole of the joint session the decision of the chair was sustamed. 

On motion of Mr. Wolfe, the readingof the journal was dispensed with, and 
the journal approved. 

Mr. Bogne moved that the joint session proceed to ballot for a United btates 
Senator; 

Which was agreed lo. 

The roll of the senate being called, the following was the vote: 

For Wilkinson Call: Mr. President, Messrs. Broome, Bryant, Coulter, 
Crosby, Pirrong, Roseborough, Smith of thirtieth, Summers, Swearingen, 
Thomas, Wadsworth, Wolfe, and Yancey~14. 

Senator Calhoun was paired with Senator McKlnne, and stated if not so 
paired he \\duld gladly vote tor Wilkinson Call. 

The r.iU of the house being called, the following was the vote: 

For Wilkinson Call: Mr. Speaker, Messrs. Bates, Berry, Bethel, Blitch of 
Levy, Bogue, Brown, Buford, Canty, Carleton, Carson, Clark, Dimick, Dykes, 
Goode, Haddock, Hicks, Hutchinson, Johns, King, Lavender, McCaskill, 
Monroe, Morgan, Morris, Overstreet, Peacock. Pittman, Priest, Bye, Sauls- 
bury, Stapler. Suminerlin, Thompson, Usina, Vann, and Wilson— 37. 

Fori). H. Mays: Mr. High— 1. 

The whole number of votes cast was 52, of which Wilkinson Call received 
51 votes and Dauuct H. Mavs received 1 vote. 

The chair announced that Hon. Wilkinson Call having received a majority 
of all the votes of the joint .\ssembly, and a majority of all the members 
elected to both houses being present and voting, he is duly elected a United 
States Senator lor the term beginning March 4, 1891. 

Mr. Shine moved that the joint session adjourn sine die; 

Which was not agreed to. 

On motion of Senator Yancey that a committee consisting of three be ap- 
pointed to inform Hon. Wilkinson Call of his election as United States Sen- 
ator and Invite him to address the joint session, the president of the joint 
session appointed Messrs. Yancey, Clark, and Haddock such committee. 

After a brief absence, the committee returned with Hon. Wilkinson Call, 
who was introduced by the president of the joint session and addressed the 
joint session. 

On motion of Mr. Hicks, Messrs. Hicks, Monroe, and Calhotm were ap- 
pointed to wait upon the governor and to notify him of the election of Wil- 
kinson Call to the United States Senate from the 4th of March, 1891. 

On motion of Senator Yancey, the joint session took a recess for five min- 
utes. 

After a five minutes recess the joint session was called to order. 

After a brief absence the committee appointed to Inform the governor of the 
election of the Hon. Wilkinson Call as United States Senator appeared at the 
bar of the house and reported that they had visited the governor's office and 
did not find the governor in. 

On motion of Senator Yancey, the journal was read and corrected. 

Mr. Y'ancey moved that the joint sesion do now adjourn; 

Which was agreed to, and the joint session adjourned. 

The speaker declared the house adjourned imtll 3 o'clock p. m. 

State or Florida, 

Office Secretary of Stale, ss: 
I, Jno. L. Crawford, secretary ol state, do hereby certify that the forego- 
ing is a correct transcript of the original now on file in this office. 

Given under my hand and the great seal of the State of Florida, at Talla- 
hassee, the capital, this 38th day ol July, A. D. 1891, 

[SEAL.] JNO. L. CRAWFORD. 

Secretary of State. 

Mr. HARRIS. Mr. President, I present the credentials of 
Hon. Robert H. M. Davidson, who was on the 22d day of Septem- 
ber last appointed by the governor of Florida to be a Senator from 
the State of Florida, to fill an alleged vacancy occasioned by the 
termination of the term of Wilkinson Call. This appointment 
is attested by the signature of the governor, the secretary of 
state, and the great seal of the State. 



The credentials just read present the questions as between 
these claimants to the seat. My own opinion is that the proper 
course to be pursued is to refer the credentials of both claimants 
to the Committee on Privileges and Elections, so that the ques- 
tions may be decided in the light of a thorough investigation of 
them. But for the present I will ask that both credentials lie 
up'on the table to-day, with the probability that I shall on to-mor- 
row move their reference to the committee, when such commit- 
tee shall he appointed. 

The VICE-PRESIDENT. Without objection it will be so 
ordered. 

Mr. HARRIS. Let the credentials be read. 

The VICE-PRESIDENT. The credentials will be read. 

The Chief Clerk read as follows: 

IN THE NAME OF THE STATE OF rLOBIDA. 

To all Whom these presents may come, greeting: 

Whereas the term of office ol Wilkinson Call as United States Senator from 
Florida exiiired on the 3d day of March, A. D. 1891, during the recess of the 
Legislature of said State, whereby a vacancy then happened in the office of 
United States Senator from Florida during such recess as aforesaid; and 

Whereas a Senator has not been chosen by the Legislature of the State of 
Florida to fill such vacancy; and 

Whereas the Legislature of the Stale of Florida is not now in session and 
a recess thereof exists at this time: 

Now, therefore, I, Francis P. Fleming, governor of the State of Florida, by 
vii'tue of the authority In me vested by the Constitution of the United States, 
have appointed, and by these presents do hereby appoint, Robert H, M. Da- 
■vldson to be United Slates Senator from the State of Florida until the next 
meeting of the Legislature of the State of Florida. 

In testimony whereof I have hereunto set my hand and caused the great 
seal of the State to be affixed, at Tallahassee, the capital, this 'iZCi day of Sep- 
tember, A. D. 1891, and of the Independence of the United States the one htm- 
dred and sixteenth year. 

FRANCIS P. FLEMING, 

Governor of Florida. 

In obedience to the opinion and the decision of the supreme court of Florida, 
and the peremptory ■wTlt thereon, to me Issued this day in the case of "The 
State of Florida ex rel. Francis P. Fleming, governor, plaintiff, vs. John L. 
Crawford, secretary of state, defendant," I have atflxed the great seal of the 
State, at Tallahassee, the capital, this 17th day of November, A. D. 1891, here- 
unto. 

Attest: 

[SEAL.] JOHN L. CRA-WFORD. 

Secretary of State. 

Mr. GEORGE. Mr. President, I desire simply to remark that 
I do not now object to the request made by the Senator from Ten- 
nessee [Mr. Harris] in reference to the credentials ol Mr. Call 
and the alleged credentials of Mr. Davidson, with the understand- 
ing that that matter shall come up to-morrow. 

Whilst I am on my feet I might as well say that after a very 
careful examination into that case, both as to the law and the 
facts, I find that there is no controversy as to the facts, and there- 
fore no necessity for an investigation by the Committee on Priv- 
ileges and Elections as to the facts. And as to the law of the case, 
the statute is plain on its face. Besides, it has received the judi- 
cial determination of this body. So that there now remains 
neither a question of law nor a question of fact about which the 
attention of the committee can be invoked by this body. 

One word more. The constitutional right of a State to be rep- 
resented when she has properly selected her representative in 
this body is as binding on us to recognize for to-day as for to- 
morrow. 

The equality of the States in this body ought not to be im- 
paired for one single hour when there is no serious question 
about which there can be any difference among Senators who have 
looked into the matter. However, in deference to my distin- 
guished friend from Tennessee, I will make no objection to the 
jjassing of the case until to-morrow, but I give notice that then 
I shall insist that the Senate have both the facts and the law, 
without a single controversy as to either, and ought to proceed 
at once to seat the legally elected Senator from the State of 
Florida. 

Mr. HOAR. Mr. President, the statement of the governor of 
Florida, showing the ground on which he relies to support his 
authority to make an appointment after the Legislature of his 
State had elected a Senator, in form certainly, has been sent to 
me during the vacation, and I suppose it has been sent to all the 
members of the Senate. I have carefully examined it, as has the 
Senator from Mississippi [Mr. George], and so far as I can dis- 
cover it presents simply a question of the constitutionality and 
construction of the existing law of Congress for the election of 
Senators. It is a question which has been l^fore the Senate 
heretofore, and has always, so far as I am aware, been decided in 
the same way; indeed, I am not aware that there is a difference 
of opinion in the Senate in regard to that question. Certainly 
what the Senator from Mississippi says as to the constitutional 
right of every State to be equally represented here has a great 
deal of weight. If it shall turn out that the gentleman who 
filled the seat in the Senate for the recent term is entitled to it, 
justice to him would require that he should have his title de- 
clared at as early a day as possible, in order that his proper share 



1891. 



CONaRESSIONAL RECORD— SENATE. 



3 



of the duties of the Senate upon committee and elsewhere may 
■be assig-ned to and performed by him. 

It occuiTcd to me, therefore, that after the oath had been ad- 
ministered to the new Senators it might be proper to move to 
take up the Florida case at that time, and then it can go over 
until to-morrow under the rule, if any single Senator prefers. 
If, in the course of any discussion which may arise upon it to- 
morrow, it shall turn out that there is such a grave question in 
the mind of any single Senator as seems to require the sm-vice 
of a committee in aiding us to settle it, I for one should be in 
favor of the reference; but if, as I suppose, it shall turn out that 
there is no such question, I do not see why the Senate should not 
then go on to deal with it and to dispose of it without reference 
to a committee. . , , i-. 

Mr. GEORGE. I entirely agree with what has been said by the 
distinguished Senator from Massachusetts [Mr. Hoar]. There 
is only one observation which I desire to make, so that Senators 
may reflect upon it. 

This certificate of the secretary of the State, which is unlm- 
peached and unimpeachable, showing that an election was held, 
whether legal or not, at this point does establish the fact that 
the forms of an election were gone through with. That being 
on the record, that being before the Senate, then the action of the 
governor appears before us in this light, that he has usurped 
the constitutional power which has been vested by the Constitu- 
tion in this body to judge of the election and qualifications of its 
own members, and has undertaken for this body to decide that 
grave question for himself, and having decided that question, 
then to usurp the further power of appointing a member of this 
body. 

I desire simply to call the attention of the Senate to the fact 
that, an election having been held, it was not competent for the 
governor of Florida to usurp the functions vested by the Consti- 
tution in this body to decide upon the regularity of that election. 

The VICE-PRESIDENT. The credentials will lie on the table, 
in the absence of objection. 

SWEARING IN OF SENATORS. 

The VICE-PRESIDENT. Senators whose credentials have 
been heretofore recorded and placed on the files of the Senate and 
those whose credentials have teen presented to-day will please 
come forward in groups of four to receive the oath of office. 

Mr. SHERMAN. Mr. President, before the oath of office is 
administered to Mr. Brice as a Senator from Ohio, I desire to 
say that it is contended by large numbers of the citizens of Ohio 
that he was not an inhabitant of that State when he was elected 
Senator and therefore not eligible to sit as a Senator from Ohio. 
I am advised that this contention will be presented to the Sen- 
ate in due time. As the credentials of Mr. Brice are in due form, 
he is entitled, according to all the precedents I have been able to 
find, to admission to the Senate, subject to any contest as to his 
eligibility hereafter. I simply give this notice that there may 
be no waiver or misunderstanding in case the Legislature of Ohio 
or the people of Ohio should establish the fact to the satisfaction 
of the Senate that he was not an inhabitant of that State when 
elected. 

The VICE-PRESIDENT. The names of the Senators elect 
■will now be read in alphabetical order. 
The Chief Clerk read the names of — 
William B. Allison, of the State of Iowa. 
Joseph C. S. Blackburn, of the State of Kentucky. 
Calvin S. Brice, of the State of Ohio. 
.Tames Donald Cameron, of the State of Pennsylvania. 
The respective Senators elect whose names had been called 
came forward, and the oath prescribed by law was administered 
to them. 
The Chief Clerk called the names of — 
Horace Chilton, of the State of Texas. 
Fred. T. Dubois, of the State of Idaho. 
Charles N. Pelton, of the State of California. 
.Jacob H. Gallinger, of the State of New Hampshire. 
Mr. HOAR. Mr. President,! desire to say, before the oath of 
office is administered to Mr. Chilton, the Senator elect from 
Texas, that his case seems to me to present a very grave consti- 
tutional question, whether the governor of Texas was entitled 
to make the appointment in anticipation of the vacancy occasioned 
by Mr. Reagan's resignation, or whether, as was carefully and 
^ scrupulously done several times in the recent New Hampshire 
cases, the governor should have waited until the vacancy actu- 
ally existed. For the reason, however, which has been already 
stated, that it is desirable that the representation of every State 
shall be full, I shall interpose no objection to administering the 
oath to that gentleman, but after the oath has been administered 
to him I shall move to refer the case to the Committee on Priv- 
ileges and Elections to report as to the validity of the appoint- 
ment. 



Mr. HALE. Mr. President, I desire an opportunity to exam- 
ine the credentials of Mr. Dubois as Senator elect from Idaho, 
and I ask that they lie upon the tabic until to-morrow. 

The VICE-PRESIDENT. The credentials have already been 
read and placed on file by previous action of the Senate. 

Mr. CULLOM. I rose to state that the credentials of Mr. Du- 
bois had been presented at a previous session of the Senate, re- 
ferred to the Committee on Privileges and Elections, reported 
back, and placed on file. Under these circumstances, the cre- 
dentials seeming to be entirely regular, I hope there will be no 
delay in allowing the Senator elect from that State to be sworn in. 

So far as the request of the honorable Senator from Maine is 
concerned, that the credentials lie over until to-morrow, I am 
willing that they shall lie over until the other Senators are sworn 
in against whom there is no objection, if that course will bo 
agreeable to him, and that we dispose of the case at that time. 

Mr. HALE. I have no desire, Mr. President, to unduly delay 
this case on the swearing in of the new Senator from Idaho, if 
he is to be sworn in. A single objection, of course, will carry it 
over until to-morrow. I do not care what form that takes. I 
will ask at present that the Senator elect from Idaho shall not 
be sworn in with tlie others until after all the cases that are not 
excluded are disposed of. 

Mr. CULLOM. I have no objection to that. 

Mr. PLUMB. Let m^ make a suggestion to the Senator from 
Maine. This case, it seems to me, is on all foui-s with the case 
about which the Senator from Massachusetts [Mr. Hoar] has 
just spoken, that of the Senator elect from Texas [Mr. Chil- 
ton], in reference to qualification; that is, the authority by which 
members sit in this body. If there be anything in the sugges- 
tion which the Senator from Massachusetts makes, to the effect 
that the Senate ought to be full, in the case of those persons who 
appear here for the purpose of admission, itmustbe just as strong 
in the case of Idaho as in the case of Texas. Therefore, it seems 
to me, following that precedent and the suggestion made by the 
chairman of the Committee on Privileges and Elections, that 
the Senator from Idaho should be sworn in for the present, leav- 
ing the question to be considered afterwards as to the entire 
regularity of the proceedings of the Legislature by which he was 
chosen a Senator. 

Mr. HALE. I do not seek to go into any controversy, and I do 
not know that there will be any controversy, about the swearing 
in of the Senator elect when the proper time comes, but for the 
present I oliject, so that the matter may go over untU the undis- 
puted cases have been acted upon by the members being sworn in. 

The VICE-PRESIDENT. The Senators whose names have 
been called, with the exception of the Senator elect from Idaho 
[Mr. Dubois], will please come forward and receive the oath of 
office. 

The respective Senators elect whose names had been called 
(with the exception of Mv. Dubois) came forward, and the oath 
prescribed by law was administered to them. 

The Chief Clerk called the names of^ 

Charles H. Gibson, of the State of Maryland. 

John B. Gfordon, of the State of Georgia. 

Henry C. Hansbrough, of the State of North Dakota. 

J. L. M. Irby, of the State of South Carolina. 

As their names were called the respective Senators elect came 
forward, and the oath prescribed by law was administered to them, 

The Chief Clerk called the names of — 

James K. Jones, of the State of Arkansas. 

John P. Jones, of the State of Nevada. 

James H. Kyle, of the State of South Dakota. 

John H. Mitchell, of the State of Oregon. 

As their names were called the respective Senators elect (with 
the exceptionof Mr. Jones of Arkansas and Mr. Jones of Nevsida, 
who were absent) came forward, and the oath prescribed by law 
was administered to them. 

The Chief Clerk read the names of — 

Justin S. Morrill, of the Stale of Vermont. 

John M. Palmer, of the State of Illinois. 

William A. Pefl:er, of the State of Kansas. 

Orville H. Piatt, of the State of Connecticut. 

Redfield Proctor, of the State of Vermont. 

As their names were called the respective Senators elect came 
forward, and the oath prescribed by law was administered to them. 

The Chief Clerk read the names of — 

James L. Pugh, of the State of Alabama. 

Watson C. Squire, of the State of Washington. 

Leland Stanford, of the State of California. 

Henry ]\I. Teller, of the State of Colorado. 

As their names were called the respective Senators elect (with 
the exception of Mr. Stanford) came forward, and the oath pre- 
scribed by law was administered to them. 

The Chief Clerk read the names of— 

Zebulon B. Vance, of the State of North Carolina. 



CONGRESSIONAL RECORD— HOUSE. 



Decembee 7, 



George G. Vest, of the State of Missoviri. 

William F. Vilas, of the State of Wisconsin. 

Daniel W. Voorhees, of the State of Indiana. 

Edward D. White, of the State of Louisiana. 

As (heir names were called the respective Senators elect (with 
the exception of Mr. Vance) came forward, and the oath pre- 
scribed by law was administered to them. 

SENATORS PRESENT. 

The Senators-elect having been swoi-n and taken their seats in 
the Senate, tlie following Senators were present : 
From the State of — 

AUihitma — John T. Morgan and James L'. Pugh. 
Avhdnads — James H. Berry. 
California — Charles N. Felton. 

Colorado — Henry M. Teller and Edward O. Wolcott. 
Connecticut — Joseph R. Hawley and Orville H. Piatt. 
Deknrare — George Gray and Anthony Higgins. 
Florida — Samuel Pasco. 

Georgia — Alfred H. Colquitt and John B. Goi-don. 
Idaho — George L. Shoup. 

JHniois— Shelby Jf. Cullom and John M. Palmer. 
Indiana — David Turpie and Daniel W. Voorhees. 
Inva — William B. Allison and James F. Wilson. 
Kansas — William A. PefTer and Preston B. Plumb. 
• Kentiickij — Joseph C. S. Blackburn and John G. Carlisle. 
Louisiana — Randall L. Gibson and Edward D. White. 
Maine — William P. Frye and Eugene Hale. 
JI/fn7/?(()!d— Charles H. Gibson and Arthur P. Gorman. 
MuKsachusetls — Henry L. Dawes and George F. Hoar. 

li — James McMillan and Francis B. Stockbridge. 
MinnTsota — Cushman K. Davis and William D. Washburn. 
Mississippi — James Z. George and Edward C. Walthall. 
Missouri — Francis M. Coekrell and George G. Vest. 
Montana — Thomas C. Power and Wilbur P. Sanders. 
JSfebrasli'a — Charles F. Manderson and Algernon S. Paddock, 
Nevada — William M. Stewart. 

New i/amps/i ire —William E. Chandler and Jacob H. Gallinger. 
New Jersey — Rutus Blodgett and John R. McPherson. 
New York — Frank Hiscock. 
North Caroli)ia — Matt W. Ransom. 

North Dakota— layman R. Casey and Henry C. Hansbrough. 
Oliio — Calvin S. Brice and John Sherman. 
Oregon — Joseph N. Dolph and John H. Mitchell. 
Pennsylvania — James Donald Cameron and Matthew S. Quay. 
Rhode Island — Nelson W. Aldrich and Nathan F. Dixon. 
South Carolina — M. C. Butler and J. L. M. Irby. 
South Dakota — James H. Kyle and R. P. Pettigrew. 
Tenn(,tsce — William B. Bate and Isham G. Harris. 
Texas — Horace Chilton and Richard Coke. 
Fcrjnoiit^Justin S. Morrill and Redfield Proctor. 
Virginia — John S. Barbour and John W. Daniel. 
Washington — John B. Allen and Watson C. Squire. 
West Virginia — Charles J. Faulkner and John E. Kenna. 
Wisconsin — Philetus Sawyer and William F. Vilas. 
Wymning — Joseph M. Carey and Francis E. Warren. 

NOTIFICATION TO THE PRESIDENT. 

Mr. SHERMAN submitted the following resolution; which 
was considered by vinanimous consent, and agreed to: 

Hesolved, That a committee consisting of two memtters be appointed, to 
join such committee as may be appointed by tbe House of Representatives, 
to wait npou the President of the United' States and inform him that a 
quorum of each House is assembled, and that Congress is ready to receive 
any communication he may be pleased to make. 

By unanimous consent, the Vice-President was authorized to 
appoint the committee, and Messrs. Sherman and Hakris were 
appointed. 

NOTIFICATION TO THE HOUSE. 

Mr. CAMERON submitted the following resolution: which 
vy-as considered by unanimous consent, and agreed to: 

Jiesotre/l, That the Secretary inform the HoiLse of Representatives that a 
quorum of the Senate is assembled, and that the Senate is ready to proceed 
to business. 

HOUR OF MEETING. 

Mr. CULLOM submitted the following resolution; which was 
considered by imanimous consent, and agreed to: 

Hesolced, That the hotir of the daily meeting of the Senate be 13 o'clock me- 
ridian until otherwise ordered. 

SENATOR FROM TEXAS. 

Mr. HOAR. I move that the Committee on Privileges and 
Elections be directed to inquire into and report upon the circum- 
stances and validity of the appointment of Mr. Chilton to a seat 
in the Senate from the State of Texas. 

The motion was agreed to. 



SENATORS FROM FLORIDA AND IDAHO. 

Mr. HOAR. I move that Hon. Wilkinson Call be admitted to 
take the oath as a Senator from the State of Florida. It is not 
my purpose to press any action upon this motion to-day, but I pro- 
pose to have it before the Senate. 

Mr. CULLOM. I will make the same motion with reference 
to the Senator from Idaho. Mr. Dubois, with the understanding 
(as it seems to be the desire of members) that it lie over until to- 
morrow, although I should like very much to have had it acted 
upon to-dav. 

The VICE-PRESIDENT. The motions will lie over. 

Mr. SHERMAN. Pending these motions, I move that the 
Senate adjourn. 

The motion was agreed to; and (at 1 o'clock p. m.) the Senate 
adjourned until to-morrow, Tuesday, December 8,1891, at 12 
o'clock m. 



HOUSE OF EEPEESENTATIVES. 



Monday, December 



IS91. 



This day, in compliance with the provision of the Constitution, 
the members elect of the House of Representatives of the Fifty- 
second Congress assembled in their Hall, and at 12 o'clock were 
called to order by the Clerk of the last House, Mr. Edward Mc- 
Pherson. 

The Clerk. Representatives elect, this is the hour for the 
meeting of the House of Representatives of the Fifty-second Con- 
gress of the United States of America. The Clerk of the House 
of Representatives of the Fifty-first Congress will proceed, accord- 
ing to law, to read the names of those whose credentials show that 
they were regularly elected to this body in pursuance of the law 
of their States, respectively, or of the United States. 

The roll was called, showing the presence of the following-named 
members: 



ALABAMA. 

James E. Cobb. 
John H. Bankhead. 
William H. Forney. 
Joseph Wheeler. 
ARKANSAS. 

William L. Terry. 
Samuel W. Peel. 

CALIFORNIA. 

John T. Cutting. 
Eugene F. Loud. 
William W. Bowers. 

COLORADO. 

Rosea Townsend. 

CONNECTICUT. 
Lewis SpeiTy. Charles A. Kussell. 

Washington F. Willcox. Robert E. De Forest. 

DELAWARE. 
John W. Causey. 



Richard H. Clarke. 
Hilarv A. Herbert. 
William C. Oates. 
Louis W. Turpin. 

William H. Cate. 
Clifton R. Breckinridge. 
Thomas C. McRae. 

Thomas J. Geary. 
Anthony Caminettl. 
Joseph McKenna. 



Stephen R. Mallory. 

Rufus E. Lester. 
Henry G. Tiu-ner. 
Charles F. Crisp. 
Charles L. Moses. 
Leonidas F. Livingston. 



Abner Taylor. 
La^^Tence E. McGann. 
Allan C. Durborow. jr. 
Walter C. Newberry. 
Albert J. Hopkms. 
Robert R. Hltt. 
Thomas J. Henderson. 
Le\\'is Steward. 
Herman W. Snow. 
Philip S. Post. 



William F. Pan-ett. 
John L. Bretz. 
Jason B. Brown. 
William S. Holman. 
George W. Cooper. 
Henry U. Johnson. 
William D. Bynum. 

John J. Seerley. 
Walter I. Hayes. 
David B. Henderson. 
Walter H. Butler. 
John T. Hamilton. 
Fred. E. White. 



FLORIDA. 



GEORGIA. 



Robert Bullock. 

James H. Blotmt. 
K. William Everett. 
Thomas G. Lawson. 
Thomas E. Winn. 
Thomas E. Watson. 



IDAHO. 

Willis Sweet. 



ILLINOIS. 



Benjamin T. Cable. 
.Scott Wike. 
William M. Springer. 
Owen Scott. 
Samuel T. Biisey. 
George W. Fit Man. 
Edward Lane. 
William S. Forman. 
James R. Williams. 
George W. Smith. 



INDIANA. 



IOWA. 



Elijah V. Brookshire. 
Dan Waugh. 
Dartd H. Pat ton. 
Augustus N. Martin. 
Charles A. O. McClellan 
Benjamin F. Shively. 



John A. T. Hull. 
James P. Flick. 
Thomas Bowman. 
Jonathan P. DolUver. 
George D. Perldns. 



1891. 



OONGEESSIONAL RECORD— SENATE. 



27 



A bill (S. 229) to increase the pension of Farnham J. Eastman; 

A bill (S. 230) granting a pension to Ida Button and May But- 
ton; and . . ^ -r, ^ TT 1 

A bUl (S. 231) granting arrears of pension to F. Q. Healy. 

Mr. SAWYER introduced a bill (S. 232) for the relief of Otto 
A. Kisum; which was read twice by its title, and referred to the 
Committee on Post-Offlces and Post-Roads. 

Ml- PLATT introduced a bill (S.233)toamend Title LX, chap- 
ter 1 of the Revised Statutes of the United States, relating to 
patents; which was read twice by its title, and referred to the 
Committee on Patents. ,. , , x-u ^t x- i 

He also introduced a bUl (S. 234) for the relief of the National 
New Haven Bank of the State of Connecticut; which was road 
twice by its title, and, with the accompanying papers, referred to 
the Committee on Claims. . . 

He also introduced a bill (S. 235) appointing commissioners to 
revise the statutes relating to patents, trade and other marks; 
which was read twice by its title, and referred to the Conimittee 
on Patents. ,. . .„„.„. _ 

He also introduced a bill (S. 236) for the relief of William Bond 
& Co. and others; which was read twice by its title, and referred 
to the Committee on Claims. 

He also introduced a biU (S. 237) for the erection of a public 
building at Waterbury, Conn.; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee on 
Public Buildings and Grounds. 

He also introduced a bill (S. 238) for the relief of the heirs of 
Davis B. Bonfoey ; which was road twice by its title, and, with the 
accompanying papers, referred to the Committee on Claims. 

He also introduced a biU (S. 239) for the relief of Eugene D. 
Crane; which was read twice by its title, and referred to the Com- 
mittee on Claims. 

He also introduced a bill (S. 240) to remove the charge of de- 
sertion from the military record of John Lyons; which was read 
twice by its title, and, with the accompanying papers, referred to 
the Committee on Military Affairs. 

He also introduced a bUl (S. 241) to remove the charge of de- 
sertion from the military record of Thomas Morrison; which was 
read twice by its title, and, with the accompanying papers, re- 
ferred to the Committee on Military Affairs. 

Mr. COKE introduced a bill (S. 242) for the relief of the estate 
of John W. Whitfield; which was read twice by its title, and re- 
ferred to the Committee on Claims. 

Mr. PLATT introduced a bill (S. 243) to remove the charge of 
desertion from the military record of Charles D. Crego; which 
was read twice by its title, and, with the accompanying papers, 
referred to the Committee on Military Affairs. 

He also (by request) introduced a bUl (S. 244) for the relief of 
Theodore Sharts; which was read twice by its title, and referred 
to the Committee on Patents. 

Mr. COKE introduced a bUl (S. 245) for the relief of W. T. Scott 
and others; which was read twice by its title, and referred to the 
Committee on Claims. 

Mr. CAMERON introduced a bill (S. 246) for the relief of 
Thomas A. McLaughlin; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Military Affairs. 

He also introduced a bUl (S. 247) for the relief of Henry E. 
Bhoades; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Naval Affairs. 

He also introduced a bUl (S. 248) granting a pension to the 
minor children of George S. McCai'tney; which was read twice 
by its title, and, with the accompanying papers, referred to the 
Committee on Pensions. 

He also introduced a biU (S. 249) granting a pension to Schuy- 
ler C. Kephart; which was read twice by its title, and referred 
to the Committee on Pensions. 

He also introduced a bUl (S. 250) to remove the charge of de- 
sertion from the military record of George S. Ackerson; which 
was read twice by its title, and referred to the Committee on 
Military Affairs. 

Ho also introduced a bUl (S. 251) concerning the rank and pay 
of certain officers of the Navy having served a full term as chief of 
a bureau in the Navy Department; which was read twice by its 
title, and referred to the Committee on Naval Affairs. 

Ho also introduced a bUl (S. 252) for the relief of certain senior 
medical directors on the retired list of the Navy; which was read 
twice by its title, and referred to the Committee on Naval Af- 
fairs. 

He also introduced a bill (S. 253) granting a pension to Charles 
W. Griest; which was read twice by its title, and referred to the 
Committee on Pensions. 

He also iutroduccd a bUl (S. 254) for the relief of WUliam B. 
Reaney, surviving partner of the firm of Reaney, Son & Arch- 
bold; which was read twice by its title, and referred to the Com- 
mittee on Claims. 



He also introduced a bill (S. 255) for the relief of the Berks 
County Agricultural Society, of Berks County, Pa.; which was 
read twice by its title, and referred to the Committee on Claims. 
He also Introduced a bUl (S. 256) for the relief of Augustus Boyd; 
which was read twice by its title, and, with the accompanying 
papers, referred to the Committee on MUitary Affairs. 

He also introduced a bill (S. 257) for the relief of Julius A. 
Kaiser; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Naval Affairs. 

He also introduced a bill (S. 258) for the relief of Lieut. Col. 
Michael P. Small, United States Army; which was read twice 
by its title, and referred to the Committee on Military Affairs. 

He also introduced a biU (S. 259) for the relief of Amanda G. 
Walter, as executrix of Thomas U. Walter, deceased; which was 
read twice by its title, and, with the accompanying papers, re- 
ferred to the Committee on Claims. 

He also introduced a bill (S. 200) for the relief of William 
Brice & Co., of PhUadelphia, and others, which was read 
twice by its title, and referred to the Committee on Claims. 

He also introduced a bUl {S. 261) for the relief of the legal rep- 
resentatives and deviseesof James W. Schaumburg; which was 
read twice by its title, and referred to the Committee on Claims. 

He also introduced a bUl (S. 262) for the relief of Jabez Burch- 
ard: which was read twice by its title, and referred jio the Com- 
mittee on Claims. 

He also introduced a bUl (S. 263) for the relief of the heir or 
heirs of John Howard Payne; which was read twice by its title, 
and referred to the Committee on Claims. 

He also introduced a biU (S. 264) for the relief of WiUiam B. 
Morgan; which was read twice by its title, and referred to the 
Committee on Appropriations. 

He also introduced a biU (S. 265) granting an increase of pension 
to Samuel A. Wehr; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. FAULKNER introduced a bUl (S. 266) to provide for the 
purchase of a site and the erection of a public building thereon 
at Huntington, in the State of West A^irginia: which was road 
twice by its title, and referred to the Committee on Public BuUd- 
ings and Grounds. 

Ho also introduced a bUl (S. 267) for the preservation of the 
public peace and the protection of property within the District 
of Columbia; which was read twice by its title, and referred to the 
Committee on the District of Columbia. 

INlr. FAULKNER introduced the following bUls: which were 
severally read twice by their titles, and referred to the Committee 
on Claims: 

A bUl (S. 208) for the relief of C. M. Shaffer; 

A bUl (S. 269) for the relief of John Pickens, of Barbour County, 
W. Va.; 

A bUl (S. 270) for the relief of Elizabeth MulvehUl; 

A bill (S. 271) for the relief of Lewis Karrickhoff, of Barbour 
County, W. Va.: 

A biU (S. 272) for the relief of the administrator of Jacob Cop- 
lin, deceased, of Harrison County, W. Va.; 

A bUl (S. 273) for the relief of the trustee of St. Joseph's Cath- 
olic Church at Martinsburg, W. Va.; 

A bUl (S. 274) for the relief of Moses Grathouse, of Harrison 
County, W. Va.; 

A bill (S. 275) for the relief of the trustees of the Methodist 
Protestant Church of Middleway, Jefferson County, W. Va.; 

A bUl (S. 276) for the relief of the trustees of the :Methodist 
Episcopal Church of Martinsburg, W. Va.; 

A bill (S. 277) for the relief of the administrator of Andrew D. 
CoDlin, deceased, of Harrison County, W. Va.; 

A bill (S. 278) for the relief of Nathan Reed, of Barbour 
County, W. Va.: 

A bUl (S. 279) for the relief of the trustees of the German 
Evangelical Church of Martinsburg, W. Va.; 

A bUl (S. 280) for the relief of the trustees of the Methodist 
Episcopal Church of Flat Woods, Braxton County, W. Va.; 

A bUl (S. 281) for the relief of M. C. Davis; 

A bill (S. 282) for the relief of Edward Tearney, administrator 
of WUliam McSherrv, deceased: 

A biU (S. 283) for the relief of the trustees of Trinity Episco- 
pal Church: 

A bUl (S. 2S4) for the relief of WUliam F. WUson; 

A bUl (S. 285) for the relief of Robert Thompson; 

A bin S. 280) for the relief of E. C. Trimble; 

A bill (S. 287) for the relief of the trustees of the Presby- 
terian Church of Spriugfield, Hampshire County, W. Va.; 

A bill (S. 288) for the relief of Levi Teets; and 

A bill S. 289) for the relief of Robert C. Murphy. 

Air. FAULKNER introduced a bUl (S. 290) granting an increase 
of pension to John S.Hall; which was read twice by its title, ana 
referred to the Committee on Pensions. 

Mr. FAULKNER introduced the following bUls; which were 



28 



CONGRESSIONAL RECOED— SENATE. 



December 10, 



severally read twice by their titles, and referred to the Commit- 
tee on Claims: 

A bill (S. 291) for the relief of the trustees of the Methodist 
Episcopal church at Harpers Perry, W. Va.; 

A bill (S. 292) providing- for the payment of the amounts due 
the employes in, and the contractors who furnished castings to, 
the United States armory at Harpers Ferry, W. Va., from Jan- 
uary 1, 1S61, to April 19, 1861, inclusive; 

A bill (S. 293) for the relief of William M. Morrison; and 

A bill (S. 294) to authorize the Secretary of War to cause to be 
investigated and to provide for the payment of all claims for the 
use and occupation of church, college, and school buildings for 
Government purposes by the United States military authorities 
dui'ing the late war, and the value of any such buildings destroyed 
during such occupation by the United States, and all claims for 
repairs to any such buildings and the furniture of same rendered 
necessary by such occupation by the United States Army. 

Mr. McMillan introduced a bill (S. 295) to establish wind 
HJgjnnl display stations at Thunder Bay and Middle Islands, Lake 
Huron; which was read twice by its title, and referred to the 
Committee on Commerce. 

__^He also introduced a bill (S. 296) for the relief of James W. 
K-naggs; which was read twice by its title, and referred to the 
Committee 6n Claims. 

He also introduced a bill (S. 297) to increase the accommodations 
at t he marine hospital at Detroit, Mich.; which was read twice 



by its title, and referred to the Committee on Public BuUdings 
and Grounds. 

He also introduced a bill (S. 298) for the relief of Eunice Tripler, 
. widmv of Charles S. Tripler; which was read twice by its title, 
and'Teferred to the Committee on Military Affairs. 

He also introduced abill (S. 299) granting an honorable discharge 
to Melancthon Borst, alias Joseph Morgan; which was read twice 
T^its title, and, with the accompanying papers, referred to the 
Committee on MUitary Affairs. 

He also introduced a bUI (S. 300) for the construction of a pub- 
lic building at Owosso, Mich.; which was read twice by its 

tftte, and referred to the Committee on Public Buildings and 

Grounds. 

He also introduced a bill (S. 301) to authorize the Secretary of 
the Interior to issue a duplicate of a certain land warrant to Emma 
^Ripley; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Private Land 
Claims. 

Mr. SHERMAN introduced a bill (S. 302) to establish a de- 
partment of public health; which was read twice by its title, 
and, with the accompanyingpapers, referred to the Committee on 
Epidemic Diseases. 

He also introduced a bUl (S. 303) to provide for the erection of 
a public building in the city of Mansfield, Ohio; which was read 
twice by its title, and referred to the Committee on Public Build- 
ings and Grounds. 

He also introduced a bill (S. 304) to provide for the erection of 
a public building in the city of Zanesville, Ohio; which was read 
twice by its title, and, with, the accompanying papers, referred 
to the Committee on Public Buildings and Grounds. 

He also introduced a bill (S. 305) for the relief of Battelle & 
Evans; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Claims. 

He also introduced a bill (S. 300) authorizing the Librarian of 
Congress to purchase " Townsend's Library of National, State, 
and Individual Records, comin-ising a collection of historical 
records concerning the origin, progress, and consequences of the 
late civil war; " which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on the Library. 

He also introduced a bill (S. 307) for the relief of Lorain Rug- 
gles; which was read twice by its title, and, with the accompany- 
ing papers, referred to the Committee on Military Affairs. 

Ho also introduced a bill (S. 308) to remove the charge of de- 
sertion from the military record of Enos W. Townsley; which 
was read twice by its title, and referred to the Committee on 
Military Affairs. 

He also introduced a bill (S. 309) to remove the charge of de- 
fertion from the military record of John Hill; which was read 
twice by its title, and, with the accompanj'ing papers, referred 
to the Committee on Military Affairs. 

He also introduced a bill (S. 310) granting an honorable dis- 
chai'ge to Pliillip Kurtz; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Military Affairs. 

He also introduced a bill (S. 311) for the relief of Maj. James 
Belger; which was read twice by its title, and referred to the 
Committee on MUitary Affairs. 

He also introduced a bill (S. 312) granting an honorable dis- 
charge to Lc%'iBeer; which was read twice by its title, and, with 



the accompanying papers, referred to the Committee on Military 
Affairs. 

He also introduced a bill (S. 313) granting an increase of pension 
to Daniel Beers; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 314) granting a pension to John P. 
Biehn; which was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. VOORHEES introduced a bill (S. 315) for the relief of the 
legal representatives of George McDougall, deceased; which was 
read twice by its title, and referred to the Committee on Claims. 

He also introduced a bill (S. 316) for the erection of a statue of 
the late Robert Dale Owen, of Indiana, to be placed in the grounds 
of the Smithsonian Institution; which was read twice by its title, 
and referred to the Committee on the Library. 

He also introduced a bUl (S. 317) granting an increase of pen- 
sion to John M. Roberts; which was read twice by its title, and 
referred to the Committee on Pensions. 

He also introduced a bill (S. 318) for the relief of Joseph John- 
son; which was read twice by its title, and, with the accompany- 
ing pa])ers, referred to the Committee on Military Affairs. 

He also introduced a bill (S. 319) granting an increase of pen- 
sion to Fanny L. Davis, widow of John Lee Davis, late rear- 
admiral of the United States Navy; which was read twice by its 
title, and referred to the Committee on Pensions. 

He also introduced a bill (S. 320) for the relief of Henry Ayres; 
which was i-ead twice by its title, and referred to the Committee 
on Finance. 

He also introduced a bill (S. 321) granting a pension to Bennett 
J. Crowder; which was read twice by its title, and referred to 
the Committee on Pensions. 

He also introduced a bill (S. 322) for the relief of Willis Bene- 
field; which was read twice by its title, and referred to the Com- 
mittee on Claims. 

He also introduced a bill (S. 323) granting a pension to Thomas 
Cooper; which was read twice by its title, and. with the accom- 
panying papers, referred to the Committee on Pensions. 

He also introduced a bUl (S. 324) for the relief of Isaac H. 
Wheat; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Claims. 

He also introduced a bill (S. 325) for the payment of Sewell 
Coulson and Porter, Harrison & Fishback for legal services; 
which was read twice by its title, and, with the accompanying 
papers, referred to the Committee on Claims. 

He also introduced a bill (S. 326) granting a pension to Mary 
A. Carson; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 327) for the relief of Calvin Jones; 
which was read twice by its title, and referred to the Committee 
on Claims. 

He also introduced a bill (S. 328) granting an increase of pen- 
sion to Jacob Bernhardt; which was read twice by its title, and 
referred to the Committee on Pensions. 

He also introduced a bill (S. 329) granting an honorable dis- 
charge to Luther L. Martin; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on MUitary Affairs. 

He also introduced a bill (S. 330) for the relief of Theophilus 
Fisk MUls; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on the Library. 

Mr. DAVIS introduced a bill (S. 331) to provide for the settle- 
ment of accounts and claims in certain cases ; which was read 
twice by its title, and, with the accompanying papers, referred 
to the Committee on Military Affairs. 

He also introduced a bill (S. 332) to amend paragraph 3 of sec- 
tion 4693 of the Revised Statutes, and for other purposes : which 
was read twice by its title, and referred to the Committee on 
Pensions. 

He also introduced a bill (S. 333) for the relief of Henry Unter- 
leiter, alias Cook or Koch ; which was read twice by its title, and 
referred to the Committee on MUitary Affairs. 

He also introduced a bill (S. 334) to authorize the Secretary of 
the Interior to fulfill certain treaty stipulations with the Chip- 
pewa Indians of Lake Superior and the Mississippi, and making 
appi'opriation for the same ; which was read twice by its title, 
and referred to the Committee on Indian Affairs. 

He also introduced a bill (S. 335) for the relief of the North- 
western Express, Stage and Transportation Company; which 
was read twice by its title, and referred to the Select Committee 
on Indian Depredations. 

He also introduced a bill (S. 336) granting a pension to Mary 
E. Chamberlain; which was read twice by its title, and referred 
to the Committee on Pensions. 

Ho also introduced a bUl (S. 337) to remove the charge ot de- 
sertion standing against the name of Joseph G. Utter; which 



1891. 



CONGIIESSIONAL EECOKD— SENATE. 



43 



bered sections; which was read twice by its title, and referred 
to tlie Committee on Public Lands. 

Ho also introduced a bill (S. 73-4)forthe relief of JohnMcBean, 
of Umatilla County, Oregon; which was read twice by its title, 
and referred to the Committee on Indian Affairs. 

He also introduced a bill (S. 735) for the relief of L. A. Davis; 
which was read twice by its title, and referred to the Committee 
on Post-Offices and Post-Roads. 

He also introduced a bUl (S. 736) granting an increase of pen- 
sion to William Thompson; which was read twice by its title, 
and referred to the Committee on Pensions. 

He also introduced a bill (S. 737) granting an increase of pen- 
sion to Thomas Hollister; which was read twice by its title, and 
referred to the Committee on Pensions. 

He also introduced a bill (S. 738) granting a pension to Elmore 
Y. Chase, of Salem, Oregon; which was read twice by its title, 
and referred to the Committee on Pensions. 

He also introduced a bill (S. 739) for the relief of John A. Rotan, 
of Salem, Oregon; which was i-ead twice by its title, and referred 
to the Committee on Pensions. 

Ho also introduced a bill (S. 7-10) for the relief of Edward 
Hughes; which was read twice by its title, and referred to the 
Committee on Pensions. 

He also (by request) introduced a bill (S. 7il) to incorporate 
the Eclectic Medical Society of the District of Columbia; which 
was read twice by its title, and referred to the Committee on the 
District of Columbia. 

Mr. FRYE introduced a bill (S. 742) for the relief of the Grand 
Trunk Railway Company of Canada; which was read twice by 
its title, and referred to the Committee on Claims. 

He also introduced a bill (S. 743) to establish a marine board 
for the advancement of the interests of the merchant marine; 
which was read twice by its title, and referred to the Committee 
on Commerce. 

Ho also inti-oduced a bill (S. 744) to amend "An act to amend 
section 4400 of Title LII of the Revised Statutes of the United 
States concerning the regulation of steam vessels," approved 
August 7, 1882; which was read twice by its title, and. with the ac- 
companying papers, referred to the Committee on Commerce. 

He also introduced a bill (S. 745) admitting to American registry 
vessels built in the United States and owned by citizens thereof 
residing abroad, and for other purposes; which was read twice 
by its title, and referred to the Committee on Commerce. 

He also introduced a bill (S. 746) to settle and adjust the claims 
of any State for expenses incurred by it in defense of the United 
States; which was read twice by its title, and referred to the 
Committee on Claims. 

He also introduced a bill (S. 747) to repeal section 4145 of the 
Revised Statutes of the United States, and to amend section 4146; 
which was read twice by its title, and, with the accompanying 
papei'S, referred to the Committee on Commerce. 

He also introduced a bill (S. 748) to amend the law relating to 
the residence abroad of the owners of American vessels in the 
foreign trade; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Commerce. 

He also introduced a bill (S. 749) to provide for a commission 
on the subject of the alcoholic liquor ti'aflic; which was read 
twice by its title, and referred to the Committee on Education 
and Labor. 

He also introduced a bill (S. 750) to amend and reenact section 
5 of an act entitled "An act to promote the efficiency of the Life- 
Saving Service and to encourage the saving of life from ship- 
wreck," approved May 4, 1882; which was read twice by its title, 
and i-ef erred to the Committee on Commerce. 

He also introduced a bill (S. 751) to amend an act entitled "An 
act to aid in the construction of a railroad and telegraph line 
from the Missouri River to the Pacific Ocean, and to secure the 
Government the use of the same for postal, military, and other 
purposes," approved July 1, 1862; also to amend an act approved 
July 2, 1864, and also ixn act approved May 7, 1878, both in amend- 
ment of said first-mentioned act, and to provide for a settlement 
of claims growing out of the issue of bonds to aid in the construc- 
tion of certain of the railroads, and to secure to the United States 
payment of all indebtedness of certain of the companies therein 
mentioned; which was read twice by its title, and referred to the 
Select Committee on the President's Message transmitting the 
Report of the Pacific Railway Commission. 

He also introduced a bill (S. 752) to extend the time for filing 
claims in the Court of Claims under the provisions of an act en- 
titled "An act to provide for the ascertainment of claims of Amer- 
ican citizens for spoliations committed by the French prior to 
July 31, 1801;" which was read twice by its title, and referred to 
the Committee on the Judiciary. 

Mr. CALL introduced a bill (S. 753) for the relief of William 
W. Webb: which was read twice by its title, and referred to the 
Committee on Military Affairs. 



He also introduced a bill (S. 754) to authorize the sale of the 
site of St. Francis Barracks, Fla., the sale or removal of the im- 
provements thereof, and to provide for a new site and the con- 
struction of suitable buildings thereon: which was read twice by 
its title, and referred to the Committee on Military Affairs. 

Mr. STOCKBRIDGE introduced a bill (S. 755) to fix the com- 
pensation of inspectors of hulls and boilers in certain districts 
of the United States; which was read twice bj' its title, and re- 
ferred to the Committee on Commerce. 

Mr. MORGAN (by request) introduced a bill (S. 756) to provide 
for the appointment of a reporter for the supreme court of the 
District of Columbia; which was read twice by its title, and re- 
ferred to the Committee on the Judiciary. 

He also introduced a bill (S. 757) to quiet the title to certain 
lands in the State of Mississippi, and for the relief of Eli Ayres, 
his legal representatives, etc.; which was read twice by its title, 
and referred to the Committee on Indian Affairs. 

ilr. CARLISLE (by request) introduced a bill (S. 758) to reim- 
burse the several States for interest on moneys expended by 
them on account of raising troong employed in aiding the United 
States in suppressing the late rebellion; which was read twice 
by its title, and referred to the Committee on Claims. 

He also introduced a bill (S. 759) to direct the Secretary of War 
to apijoint a commission to ascertain and report the facts con- 
cerning the taking of property for the use of the Army of the 
United States and destroyed at Cynthiana, Ky., on June 11, 1864; 
which was read twice by its title, and referred to the Committee 
on Claims. 

Mr. CAMERON introduced a bill (S. 760) granting a pension 
to William U. Mallorie; which was read twice by its title, and 
with the accompanying papers, referred to the Committee on 
Pensions. 

He also introduced a bOl (S. 761) granting a pension to Wil- 
liam Symmonds: which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 762) granting a pension to Mrs. 
Elise Alden McCawley; which was read twice by its title, and 
referred to the Committee on Pensions. 

Mr. CULLOM introduced a bill (S. 763) granting an increased 
pension to .John S. Dill, of Capt. Mayo's company. Black Hawk 
War: which was read twice by its title, and, with the accom- 
jjanying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 764) referring the claim of Mitchell 
B. Baer and Herman Grau to the Court of Claims; which was read 
twice by its title, and referred to the Committee on Claims. 

He also introduced a bill (S. 765) for the relief of Robert Till- 
son and Maitland Boon; which was read twice by its title, and 
referred to the Committee on Claims. 

He also introduced a bill (S. 766) for the relief of John C.Phillips; 
which was read twice by its title, and referred to the Committee 
on INIilitary Affairs. 

He also introduced a bill (S. 767) for the relief of the estate of the 
late Revere W. Gurley; which was read twice by its title, and 
referred to the Committee on Claims. 

He also introduced a bill (S. 768) to confer jurisdiction on the 
Court of Claims to hear and determine the claim of the heir of 
Hugh Worthington for his interest in the steamer Eastport: 
which was read twice by its title, and referred to the Committee 
on Claims. 

He also introduced a bill (S. 769) for the relief of Irvine Car- 
man; which was read twice by its title, and referred to the Com- 
mittee on Military Affairs. 

Mr. GALLINGER introduced a bill (S. 770) for the better pro- 
tection of the public service; which was read twice by its title. 

Mr. GALLINGER. I ask that the bill may lie on the table 
for the present. 

The VICE-PRESIDENT. The bill will lie on the table. 

Mr. MANDERSON introduced a bill (S. 771) requiring tran- 
scripts of judgments obtained in United States courts to bo filed 
with the county ofBcers having charge of judgment records in 
certain cases; which was read twice by its title, and, with the ac 
companying papers, referred to the Committee on the Judiciarj". 

He also introduced a bill (S. 772) to require United States cir- 
cuit and district judges to instruct the jury in writing in certain 
cases; which was read twice by its title, and. with the accompa- 
nying papers, referred to the Committee on the Judiciary. 

He also introduced a bill (S. 773) to provide for the education 
of enlisted men of the Army at military posts, and for other pur- 
poses; which was read twice by its title, and, with the accompa- 
nying papers, referred to the Committee on Military Affairs. 

'He also introduced a bill (S. 774) to commission acting assist- 
ant surgeons of the United States Army who served as medical 
officers during the late civil war: which was read twice by its 
title, and, with the accompanying papers, referred to the Com- 
mittee on Military Affairs. 

He also introduced a bill (S. 775) authorizing the Secretary of 



44 



CONGRESSIONAL RECOllD— SENATE. 



December 14, 



War to cause an exploration and survey to be made of the inte- 
rior of the Territory of Alaska; which was read twice by its title, 
and, with the accompanying- papers, referred to the Committee 
on Military Affairs. 

He also introduced a bill (S. 770) for the relief of the heirs of 
Charles B. Smith, deceased; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Military Affairs. 

He also' introduced a bill (S. 777) for the relief of Thomas 
Fletcher Foley, alias Thomas Fletcher; which was read twice by 
its title, and, witli the accomi)anying papers, referred to the 
Committee on Military Affairs. 

He also introduced a bill (S. 778) to remove the charge of de- 
sertion from the military record of Jeremiah L. Daly; which was 
read twice by its title, and, with the accompanying papers, re- 
ferred to the Committee on Military Affairs. 

He also introduced a bill (S. 779) to increase the pension of Isa- 
bella Morrow, widow of tho late Bvt. Col. Henry A. Morrow, 
United States Army ; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Pen- 
sions. 

He also introduced a bill (S. 780) for the relief of Robert H. 
Montgomei'y; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Military Af- 
fairs. 

He also introduced a bill (S. 781) for the relief of John Little 
and Hobart Williams, of Omaha, Nebr. ; which was read twice by 
its title, and, with tho accompanying papers, referred to the Com- 
mittee on Indian Affairs. 

Mr. PADDOCK introduced a bill (S. 782) to provide for the ad- 
justment of certain sales of lands in the late reservation of the 
Confederated Otoe and Missouria tribes of Indians in the States of 
Nebraska and Kansas; which was read twice by its title, and re- 
ferred to the Committee on Public Lands. 

Mr. MCMILLAN introduced a bill (S. 783) to create the north- 
-^u judicial district of the State of Michigan, and to provide for 
fho holding of the district and circuits courts therein, and for 
other purposes; which was read twice by its title, and, with the 
accompanying papers, referred to tho Committee on the judiciary. 
^He also introduced a bill (S. 784) for the relief of Frederick Car- 
"^e ; which was read twice by its title, and, with the accompany- 
ing papers, referred to the Committee on Claims. 

He also introduced abill (S. 785) to amend an act " to prohibit any 
-eSeer, agent, or servant of the Government of the United States 
ol America to hire or contract out the labor of prisoners incar- 
cerated for violating the laws of the Government of the United 
States of America," approved February 23, 1887; which was read 
twice by its title, and, with tho accompanying papers, referred 
to the Committee on the Judiciary. 

Mr. POWER introduced a bill (S. 786) to provide for the erec- 
tion of a public building in the city of Helena, Mont.; which was 
read twice by its title, and referred to the Committee on Public 
Buildings and Grounds. 

He also introduced a bill (S. 787) to provide for the erection 
of a public building in the city of Butt«, Mont.; which was. read 
twice by its title, and referred to the Committee on Public Build- 
ings and Grounds. 

Mr. WALTHALL introduced a bill (S. 788) for the relief of es- 
tate of James H. Estes; which was read twice by its title, and 
referred to the Committee on Claims. 

Mr. HIGGINS introduced a bill (S. 789) for the relief of War- 
ren Hall; which was road twice by its title, and referred to the 
Committee on Claims. 

Mr. DANIEL introduced a bill (S. 790) to repeal section 1218 
of the Revised Statutes of the United States; which was read 
twice by its title, and referred to the Committee on Military Af- 
fairs. 

He also introduced a bill (S. 791) for the relief of the legal per- 
sonal representatives of Henry H. Sibley, deceased; which was 
read twice Ijy its title, and referred to the Committee on Claims. 

He also introduced a bill (S. 792) for the relief of John S. Brax- 
ton; which was read twice by its title, and referred to the Com- 
mittee on Claims. 

He also introduced a bill (S. 793) for the completion of the 
monument to Mai-y, the mother of Washing'ton, at Fredericks- 
burg, Va.; which was read twice by its title, and referred to the 
Committee on the Library. 

He also introduced a bill (S. 794) for the erection of a monu- 
ment to Andi'ew Lewis; which was read twice by its title, and 
referred to the Committee on the Library. 

He also introduced a bill (S. 795) to provide for the erection of 
a public buildino- at Charlottesville, Va.; which was read twice 
by its title, and referred to the Committee on Public Buildings 
and Grounds. 

He also introduced a bill (S. 796) to make a public pai'k of the 



Arlingrton estate, near Washington, D. C, and for the construc- 
tion of a bridge thereto; which was read twice by its title, and 
referred to the Committee on Public Buildings and Grounds. 

Mr. SHERMAN introduced a bill (S. 797) to provide for fixing 
a uniform standard of classification and grading of wheat, corn, 
oats, barley, and rye, and for other ])urposes; which was reE.d 
twice by its title, and referred to the Committee on Agriculture 
and Forestry. 

He also introduced a bill (S. 798) for the relief of the legal rep- 
resentatives of John H. Jones and Thomas D. Harris; which was 
read twice by its title, and referred to tho Committee on Claims. 

Mr. PLUMB introd\iced a bill (S. 799) to provide for allotment 
of lands in severalty to the Quapaw Indians in the Indian Ter- 
ritory, and for other purposes therein named; which was read 
twice by its title, and referred to the Committee on Indian Af- 
fairs. 

He also introduced a bill (S. 800) to authorize the Secretary of 
the Interior to convey to the State of Kansas certain lands 
therein; which was read twice by its title, and referred to the 
Committee on Public Lands. 

Ho also introduced a bill(S. 801) for the relief of the legal rep- 
I'esentatives of Henry S. French; which was read twice by its 
title, and referred to the Committee on Claims. 

He also introduced a bill (S. 802) to incorporate the Washing- 
ton and Bennings Street Railway Company; which was reSi 
twice by its title, and referred to the Committee on the District 
of Columbia. 

He also introduced a bill (S. 803) for the relief of William P. 
Buckmaster; which was read twice by its title, and referred to 
the Committee on Claims. 

He also introduced a bill (S. 804) to incorporate the Washing- 
ton and Great Falls Electric Railway Company; which was read 
twice by its title, and referred to tho Committee on the District 
of Columbia. 

Mr. GIBSON of Louisiana introduced a bill (S. 805) to deepen 
the channel, to prevent destructive floods, to improve the navi- 
gation of the Mississippi River, and to afford ease and safety to 
the trade and commerce thereon by the construction, repair, and 
extension of levees, dikes, jetties, and other works, with an ap- 
propriation therefor; which was read twice by its title, and re 
ferred to the Committee on Commerce. 

Mr. ALLISON introduced a bill (S. 806) for the relief of Ran- 
som L. Harris; which was read twice by its title, and referred to 
the Committee on Military Affairs. 

He also introduced a bill (S. 807) granting an increase of pen- 
sion to Ransom L. Harris; which was read twice by its title, and 
referred to the Committee on Pensions. 

He also introduced abill (S. 808) establishing a port of delivery 
at Des Moines, Iowa; which was read twice by its title, and re- 
ferred to the Committee on Commerce. 

Ho also introduced a bill (S. 809) to remove the charge of de- 
sertion against Heni'y Crangle; which was read twice by its title, 
and referred to the Committee on Military Affairs. 

He also introduced a bill (S. 810) granting an honorable dis- 
charge to Julius Seifert; which was read twice by its title, and, 
with tho accompanying papers, referred to the Committee on 
Military Affairs. 

He also introduced abill (S. 811) for the protection of property, 
trainmen, and other railroad employes in handling locomotive 
engines, freight trains, and freight cars engaged in interstate 
commerce; which was read twice by its title, and referred to the 
Committee on Interstate Commerce. 

He also introduced a bill (S. 812) granting a pension to George 
W. Jones; which was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. CHANDLER introduced a bill (S. 813) grantmg an hon- 
orable discharge to Robert Roby; which was read twice by its 
title, and referred to the Committee on Military Affairs. 

Ho also introduced a bill (S. 814) to define the i-oute of the Bal- 
timore and Ohio Railroad in the District of Columbia, and for 
other pur]>oses; which was read twice by its title, and referred 
to the Committee on the District of Columbia. 

He also introduced a bill (S. 815) granting a pension to Susan 
Dwight Yates; which was read twice by its title, and referred to 
the Committee on Pensions. 

He also introduced a bill (S. 816) granting a pension to Alex- 
ander McKelvie; which was read twice by its title, and referred 
to the Committee on Pensions. 

He also introduced a bill (S. 817) granting a pension to Maria 
S. Whitney; which was read twice by its title, and referred to 
the Committee on Pensions. 

He also introduced a bill (S. 818) for the relief of John L. Brit- 
ton; which was read twice by its title, and, with the accompany- 
ing papei-s, referred to the Committee on Pensions. 

He also introduced a bill (S. 819) to amend the act of January 



1891. 



CONGRESSIONAL RECORD— SENATE. 



65 



sion to James W. Dunn; which was read twice by its title, and 
referred to the Committee on Pensions. 

He also introduced a bill (S. 9tj7) granting an increase of pen- 
sion to Ellis P. Phipps, late lieutenant of Company A, Twelfth 
New Jersey Volunteer Infantry; which was read twice by its 
title, and referred to the Committee on Pensions. 

He also introduced a bUl (S. 968) granting a pension to Ellen 
McNamee; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 9G9) granting a pension to David 
Rentchler; which was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. TURPIE introduced a bill (S. 970) for the relief of John 
Veeley; which was i-ead twice by its title, and referred to the 
Committee on Claims. 

Mr. PETTIGREW introduced a bill (S. 971) to authorize the 
Secretary of War to furnish rations to the members of the Grand 
Army of the Republic who attend the annual encampment at 
Washington in September, 1892; which was read twice by its title, 
and refei-red to the Committee on Military Affairs. 

Mr. TELLER (by request) introduced a bill (S. 972) for the re- 
lief of the administrators of the estate of Isaac P. Tice, deceased; 
wMch was read twice by its title, and referred to the Committee 
on Claims. 

He also introduced a bill (S. 973) granting a pension to Mary 
Jewett Telford; which was read twice by its title, and referred 
to the Committee on Pensions. 

He also introduced a bill (S. 974) for the relief of Azor A. 
Smith; which was read twice by its title, and referred to the 
Committee on Post-Offices and Post-Roads. 

He also introduced a bill (S. 975) for the relief of the legal 
representatives of Royal M. Hubbard; which was read twice by 
its title, and referred to the Committee on Post-Oftices and Post- 
Roads. 

He also introduced a bill (S. 976) for the relief of Horace A. 
W. Tabor; which was read twice by its title, and referred to the 
Committee on Post-Offices and Post-Roads. 

He also introduced a bill _(S. 977) for the relief of B. F. Rocka- 
fellow; which was read twice by its title, and referred to the 
Committee on Post-Offices and Post-Roads. 

He also introduced a bill (S. 978) for the relief of William M. 
Keightley; which was read twice by its title, and referred to the 
Committee on Post-Offices and Post- Roads. 

Mr. MITCHELL introduced a bill (S.979) for the development 
and encouragement of silk culture in the United States under 
the supervision of the Secretary of Agriculture; which was read 
twice by its title, and referred to the Committee on Agi-iculture 
and Forestry. 

Air. RANSOM introduced a bill (S. 980) for the relief of the 
legal representatives of John Baptiste Ashe; which was read 
twice by its title, and referred to the Committee on Claims. 

Mr. HIGGINS introduced a bill (S. 981) granting apension to 
Elizabeth N. Dunn; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

He also (by request) introduced a bill (S. 982) for the relief of 
the Southern Railroad Association, lessees of the Mississippi 
Central Railroad Company; which was read twice by its title, and 
referred to the Committee on Claims. 

Mr. ALLISON introduced a bill (S. 983) granting a pension to 
David Peterson; which was read twice by its title, and referred 
to the Committee on Pensions. 

Mr. HISCOCK introduced a bill (S. 984) to reenact the act en- 
titled "An act to punish the counterfeiting of trade-mark goods 
and the sale of or dealing in coimterfeit trade-mark goods;" 
which was read twice by its title, and referred to the Committee 
on Patents. 

Mr. MCMILLAN introduced a bill (S. 985) to provide for the 
enlargement of the military post at Fort Wayne, Mich.; whiclf 
was read twice by its title, and referred to the Committee on Mil- 
itary Affairs. 

Mr. GORMAN introduced a bill (S. 986) for the relief of Alex- 
ander Moffitt; which was read twice by its title, and referred to 
the Committee on Claims. 

Mr. GIBSON of Louisiana introduced a bill (S. 987) for the re- 
lief of the legal representatives of the estate of William H. H. 
Brooks, deceased; which was read twice by its title, and referred 
to the Committee on Claims. 

He also introduced a bill (S. 988) for the relief of Mrs. Emilie 
M. Ferriere, widow and representative of Louis L. Ferriere, de- 
ceased; which was read twice by its title, and referred to the 
Committee on Claims. 

He also introduced a bill (S. 989) to authorize the Secretary of 
the Treasury to r-if und certain moneys collected by the United 
States; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Claims. 

XXIII 5 



He also introduced a bill (S. 990) for the relief of Pearson C. 
Montgomery, of New Orleans, La.; which was read twice by its 
title, and re'ferred to the Committee on Claims. , 

He also introduced a bill (S. 991) for the relief of Coi-a A. Di 
Brazza; which was read twice by its title, and referred to the 
Committee on Claims. 

He also introduced a bill (S. 992) for the relief of C. Augusta 
Urquhart; which was read twice by its title, and referred to the 
Committee on Claims. 

He also introduced a bill (S. 993) for the relief of Catheriae M. 
Pritchard, her heirs, administrators, executors, or assigns; which 
was read twice by its title, and referred to the Committee on 
Claims. 

He also introduced a bill (S. 994) for the relief of Martha G. 
Campbell, executrix; which was read twice by its title, and re- 
ferred to the Committee on Claims. 

He also introduced a bUl (S. 995) for the relief of Fanny B. 
Randolph and Dora L. Stark, of Avoyelles Parish, La., for stores 
and supplies taken from them by the military forces of the United 
States for their use in said parish during the war for the sup- 
pression of the rebellion; which was read twice by its title, and, 
with the a<?companying papers, referred to the Committee on 
Claims. 

Mr. DANIEL introduced a bill (S. 996) to provide for the final 
settlement of the transportation account with the Richmond and 
Danville Railroad Company: which was read twice by its title, 
and referi'ed to the Committee on Claims. 

Mr. PL ATT introduced a bill (S. 997) for the relief of the Berdan 
Firearms Manufacturing Company; which was read twice by its 
title, and referred to the Committee on Patents. 

He also introduced a bill I.S. 998) to correct the military record 
of Roswell M. Shurtleff, of New York; which was read twice by 
its title, and referred to the Committee on Military Affairs. 

He also introduced a bill (S. 999) to remove the charge of de- 
sertion from the military record of Thomas Lee; which was read 
twice by its title, and. with the accompanying papers, rcferi-ed 
to the Committee on Military Affairs. 

He also introduced a bill (S. 1000) granting an honorable dis- 
charge to William Pullman; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Militarv Affairs. 

Mr. PLUMB introduced a bill (S. 1001) for the establishment 
of an insurance bureau for the protection of public interests in 
the District of Columbia; which was read twice by its title, and 
referred to the Committee on the District of Columbia. 

He also introduced a bill (S. 1002) for the relief of William G. 
Gilpatrick; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Military Af- 
fairs. 

He also introduced a bill (S. 1003) granting a pension to John 
Black; which was read twice by its title, and, with the accom- 
jjanying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 1004) for the relief of Jonathan 
Myers; which was read twice by its title, and referred to the 
Committee on Military Affairs. 

He also introduced a bill (S. 1005) granting a pension to Bailey 
Smith; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 1006) for the relief of W. H. L. 
Pepperell; which was read twice by its title, and referred to the 
Committee on Post-Offices and Post-Roads. 

He also introduced a bill (S. 1007) for the relief of widows and 
minors of pensioners and those entitled to pensions under the 
genei'al pension laws of the United States; which was read twice 
by its title, and referred to the Committee on Pensions. 

He also introduced a bill (S. 1008) granting a pension to Abasha 
Tjici^. ^^iehf^''" read twice by its title, and referred to the Com- 
-mittee'cW'reHsions. 

He also introduced a bill (S. 1009) granting an increase of pen- 
sion to Joseph Verbisky; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

He also introduced a bill (S. 1010) granting an increase of pen- 
sion to Andrew Franklin, alias Andrew McKee; which was read 
twice by its title, and, with the accompanying papers, referred 
to the Committee on Pensions. 

He also introduced a bUl (S. 1011) granting an increase of pen- 
sion to Mrs. M. Cornelia Brown; which was read twice by ita 
title, and, with the accompanying papers, referred to the Com- 
mittee on Pensions. 

' He also introduced a bill (S. 1012) granting an increase of pen- 
sion to Guy K. Butler; which was read twice by ita title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

He also introduced a bill (S. 1013) granting a pension to Manah 



66 



CONGRESSIOi^AL RECORD— SENATE. 



December 16, 



Myers: which was read twice by its title, and, with the accom- 
riarivino- papers, referred to the Committee on Pensions. 

He al'so introduced a bill (S. 1014) granting a pension to John 
f ouno- ; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Pensions. 



nVafso iAtroduced a bill {S. 1015) for the relief of John Young, 
of Humboldt, Kans.; which was road twice by its title, and rc- 
ferrod to the Committee on Claims. _ 

He also introduced a bill (S. 1016) gx-anting a pension to Peter 
Elford; which was read twice by its title, and, with the accom- 
pan'-inn- papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 1017) for the relief of Charles Ray- 
field: which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Militai-y Affairs. 
He also introduced a bill (S. 1018) granting a pension to John 
Benn; which was read twice by its title, and, with the accompa- 
nyiii"- papers, referred to the Committee on Pensions. 

Hiralso introduced a bill (S. 1019) granting a pension to James 
R. Smith; which was read twice by its title, and, withthe ac- 
companying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 1020) granting a pension to Emily 
Hayes; which was read twice by its title, and, with the accom- 
painin"- papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 1021) granting a pension to Her- 
man Neudick ; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Pensions. 

He also "introduced a bill (S. 1022) granting a pension to George 
^Moseley ; which was read twice by its title, and, with the aocom- 
panving papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 1023) to amend an act entitled 
"An act granting the right of way to the Hutchinson andsSouth- 
ern Railroad Company to construct and operate a railroad, tele- 
graph, and telephone line from the city of Anthony, in the State 
of Kansas, through the Indian Territory, to some point in the 
county of Gravson, in the State of Texas," approved September 
26, IsyO; which was read twice by its title, and referred to the 
Committee on Indian Affairs. 

Mr. VILAS introduced a bill (S. 1024) to amend chapter 561 of 
the laws of the second session of the Fifty-first Congress, entitled 
"An act to repeal timber-culture laws, and for other purposes;" 
which was read twice by its title, and referred to the Committee 
on Public Lands. 

He also introduced a bill (S. 1025) for the relief of Anne C. Liv- 
ingston; which was read twice by its title, and referred to the 
Cmnmittee on Claims. 

Mr. MORRILL introduced a joint resolution (S. R. 15) for the 
erection and location of a bronze statue of Christopher Colum- 
bus, and the removal of the naval monument to a new site; which 
was referred to the Committee on Public Buildings and Grounds. 
Ho also introduced a joint resolution (S. R. 16) authorizing the 
distribution of public documents to land-grant colleges; which 
was referred to the Committee on Education and Labor. 

Mr. COCKRELL introduced a joint resolution (S. R. 17) to 
provide for the settlement of the claims of the officers and en- 
listed men of the various militia organizations of the State of 
Missouri for horses and equipments lost while engaged in the 
military service of the United States; which was referred to the 
Committee on Military Affairs. 

Mr. MORRILL introduced a joint resolution (S. R. 18) to fill 
vacancies in the Board of Regents of the Smithsonian Institu- 
tion; which was read the first time by its title. 

Mr. MORRILL. I ask for the reading of the joint resolution 
at length, and after that, if there be no objection, I shall ask for 
its immediate consideration and passage. 

The VICE-PRESIDENT. The joint resolution will be read 
at length. 

The joint resolution was read the second time at length, as 
follows: 

Sesolved by the Senate and House of Sepresentatiees of the United Stales of 
America in Congress assembled, That the vacancies In the Board ol Regents ol 
the Smlthsoni.an Institution, of the class other than members of Congress, 
shall he fllled by the appointment of William Preston Jolmston, of Louisiana, 
in place of Noah Porter, of Connecticut, resigned, .and by the reappointment 
of Hem'y Copp^e, of Pennsylvania, and M. C. Meigs, of Washliigton City, 
whose terms of office expire on December 26, 1891. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the joint resolution? 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the joint resolution. 

The Joint resolution was reported to the Senate without amend- 
ment, ordered to be engrossed for a third reading, read the third 
time, and passed. • 

DISTRICT SANITARY EXPENDITURES. 
Mr. HIGGINS submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

Resolved, That the Commissioners of the District of Columbia be, and are 
hereby, dlj-ected to f lu-uish to the Senate a statement In detail Showing the 



expenditures made from the appropriation for collection of garbage during 
the present fiscal year as compared with expenditures from same appropria- 
tion for the years issO-'Sio and 1890-'91, covering a lilje period; also, a state- 
ment showing expenditures from the appropriation for prevention of the 
spread ;of scarlet fever and diphtheria in the DLstrict of Columbia durmg 
the present year; these statements to show with each item of expenditiure 
the name of the person to whom payment was made and the character of serv- 
ice rendered or nature ol material (ui-nished. 

REPORT OF MILITARY ACADEMY VISITORS. 

Mr. MANDERSON submitted the following resolution; which 
was referred to the Committee on Printing: 

Resolved, That 2,500 additional copies of the annual report of the Board of 
Visitors to the United .States Military Academy for the year 1891 be printed 
and bound in paper 'covers, 3,000 copies lor the use of the Senate and 500 
copies for the use of the Senate members of said board. 

NICOLINO MILEO. 

Mr. MANDERSON submitted the following resolution; which 
was considered by unanimous consent, and agreed to: 

Resolved, That the President be requested to communicate to the Senate, 
if not in his opinion incompatible with the public Interest, all the corre- 
spondence had with the Government of Italy, its offlcers, or with the diplo- 
matic and consular offlcersof the United States, in the case otNicollno Mileo, 
a naturalized citizen of the United States, who, it is alleged, was brought to 
this country by his lather from Italy when but 10 years ol age, and who, it 
is alleged, has been imprisoned and compelled to perform military service 
in the Italian army, and been punished on a charge of desertion from the 
Italian army while \T.slting the place of his birth ou business. 

ACQUISITION OF MEXICAN TERRITORY. 
Mr. QUAY submitted the following resolution; which was re- 
ferred to the Committee on Foreign Relations: 

Resolved, That the Committee on Foreign Relations be requested to in- 
qtiii'e whether the acquisition of those portions of the S tales of Sonora, 
Chihuahua, and Cohahuila lying north of the twenty-ninth parallel of north 
latitude, in the Republic of Mexico, is practicable and for the interest of the 
United States. 

EMPLOYMENT OF ADDITIONAL PAGES. 
Mr. Mcpherson submitted the following resolution; which 
was referred to the Committee to Audit and Control the Contin- 
gent Expenses of the Senate: 

Resolved, That the Sergeant-at-Arms is directed to employ (t^jjng the pres- 
ent session, in addition to the existing force, two additional pages, said em- 
ployes to be paid from the miscellaneous items of the contingent Ivmd of the 
Senate. 

Mr. HARRIS. I move that the Senate adjourn. 

The motion was agreed to; and (at 1 o'clock and 5 minutes p. m.) 
the Senate adjourned until to-morrow, Wednesday, December 
16, 1891, at 12 o'clock m. 



SENATE. 

Wednesday, Deccmher 16, 1891. 

Prayer by Rev. Joel Swartz, D. D., of Gettysburg, Pa. 
The Journal of yesterday's proceedings was read and approved. 

petitions and memorlvls. 
The VICE-PRESIDENT laid before the Senate a communica- 
tion from the Acting Secretary of War, transmitting the petition 
of First Lieut. Charles Sellmer, United States Ai-my, retired, 
praying for the passage of an act authorizing his retirement as a 
captain; which, with the accompanying petition, was referred to 
the Committee on Military Affairs, and ordered to be printed. 

He also presented the petition of George G. Meade Post, No. 5, 
Grand Army of the Republic, of Washington, D. C, praying for 
the monthly payment of pensions; which was referred to the 
Committee on Pensions. 

Mr. SHERMAN presented a petition of the Christian Chm-ch 
of BriUiant, Ohio, praying for legislation by Congress looking to 
the closing of the World's Columbian Fair on Sunday; which was 
referred to the Committee on the Quadro-Centennial (Select), 

Mr. HOAR presented a petition of the Auburndale (Mass.) 
Young People's Society of Christian Endeavor, praying that the 
World's Columbian Fair be closed on Sunday, that liquors be not 
sold within the Exhibition, and that the art department be man- 
aged according to the American standard of purity in art: which 
was referred to the Committee on the Quadro-Centennial (Se- 
lect). 

He also presented the petition of H. B. Morton and other citi- 
zens representing the Congregational Church of Southampton, 
Mass., praying that the World's Columbian Exposition be closed 
on Sunday; which was referred to the Committee on the Quadro- 
Centennial (Select). 

He also presented the petition of Harry Reade, of Lowell, Mass., 
praying that he be allowed to appear before a committee and in- 
troduce testimony in support of his disability ; which was referred 
to the Committee on Military Affairs. 

He also presented the petition of Harry Reade , of LoweU, Mass. , 
praying to be restored to his rank in the Army; which was re- 
ferred to the Committee on Military Affairs. 



1891. 



CONGllESSIONAL RECOllD— SENATE. 



69 



Lizzie Wright Owen; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. WOLCOTT introduced a bill (S. 1044) to provide for the 
purchase of a site and the erection of a public building- thereon 
at Colorado Springs, in the State of Colorado; which was read 
twice by its title, and referred to the Committee on Public 
Buildings and Grounds. 

He also introduced a bill (S. 1045) to provide for the purchase 
of a site and the erection of a public building thereon at Lead- 
ville, in the State of Colorado; which was read twice by its title, 
and referred to the Committee on Public Buildings and Grounds. 

Mr. McMillan (by request) introduced a bill (S. 1046) to 
amend the charter of the Eckington and Soldiers' Home Kail^ 
road Company; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on the District 
of Columbia. 

Mr. GALLINGER introduced a bill (S. 1047) granting a pen- 
sion to James Anderson; which was read twice by its title, and 
referred to the Committee on Pensions. 

He also introduced a bill (S. 1048) granting a pension to Mrs. 
!Mai'y Elizabeth Dickey; which was read twice by its title, and 
referred to the Committee on Pensions. 

He also introduced a bill (S. 1049) granting a pension to Helen 
A. Patterson; which was read twice by its title, and referred to 
the Committee on Pensions. 

He also (by request) introduced a bill (S. 1050) for the relief of 
Albert D. Spalter; which was read twice by its title, and referred 
to the Committee on Revolutionary Claims. 

Mr. GORMAN introduced a bill (S.1051) to pay certain States 
and the city of Baltimore for advances of money in the war of 
1812, I'epor'ted to be due them by the Secretary of the Treasury; 
which was read twice by its title, and referred to the Committee 
on Claims. 

Mr. ALLISON introduced a bill (S. 1052) to establish a branch 
mintof the United States at Council Bluffs, iu the State of Iowa; 
which was read twice by its title, and referred to the Committee 
on Finance. 

Mr. KYLE introduced a bill (S. 1053) restoring pension to 
Grin M. Franklin; which was read twice by its title, and referred 
to the Committee on Pensions. 

Mr. PADDOCK. I introduce a bill in the nature of a substi- 
tute for Senate bill 385. 

The bill (S. 1054) to provide for the construction of a public 
building at Hastings, Nebr., was read twice by its title, and re- 
ferred to the Committee on Public Buildings and Grounds. 

Tklr. PADDOCK introduced a bill (S. 1055) to provide for the 
purchase of a site and the erection of a public building thereon 
at Kearney, in the State of Nebraska; which was read twice by 
its title, and referred to the Committee on Public Buildings and 
Grounds. 

Mr. CALL (by request) introduced a bill (S. 1056) granting a 
pension to Jacob R. Davis; which was read twice by its title, and 
referred to the Committee on Pensions. 

Mr. FAULKNER introduced a bill (S. 1057) to punish the un- 
lawful appropriation of the use of the property of another in 
the District of Columbia; which was read twice by its title, and 
referred to the Committee on the District of Columbia. 

He also introduced a bill (S. 1058) to prevent fraudulent trans- 
actions on the part of commission merchants and other consign- 
ees of goods and other property in the District of Columbia; 
which was read twice by its title, and referred to the Committee 
on the District of Columbia. 

He also introduced a bill (S. 1059) to extend the streets and 
avenues of the city of Washington, D. C; which was read twice 
by its title, and referred to the Committee on the District of Co- 
lumbia. 

He also introduced a bill (S. lOGO) to punish the carrying or 
selling of deadly or dangerous weapons within the District of 
Columbia; which was read twice by its title, and referred to the 
Committee on the District of Colmnbia. 

He also introduced a bill (S. 1061) for the relief of the legal 
representatives of Lewis W. Washington, deceased; which was 
read twice by its title, and referred to the Committee on Claims. 

He also introduced a bill (S. 1062) to refund to the State of 
West Virginia the money paid to officers of the One hundred 
and thirty-thii-d Regiment West Virginia Militia for services 
rendered during the rebellion; which was read twice by its title, 
and referred to the Committee on Claims. 

Ho also introduced a bill (S. 1063) for the relief of Asa Kelly; 
which was read twice by its title, and referred to the Committee 
on Claims. 

He also introduced a bill (S. 1064) for the relief of James M. 
Stout; which was read twice by its title, and referred to the Com- 
mittee on Claims. 

Mr. Mcpherson introduced a bill (S. 1065) for the relief of 
James R. Mullikin, late captain Company K, Thirty-fifth Regi- 



ment Indiana Volunteers; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Military Atfairs. 

He also introduced a bill (S. 1066) to equalize the grade of offi- 
cers, to prevent desertions, and to increase the efficiency of the 
Marine Corps; which was read twice by its title, and referred to 
the Committee on Naval Affairs. 

He also introduced a bill (S. 1067) for the relief of Bvt. Col. 
Thomas P. O'Reilly; which was road twice by its title, and re- 
ferred to the Committee on Military Affairs. 

He also introduced a bill (S. lOiiS) granting a pension to Wil- 
liam H. Burbank, army nurse; which was read twice by its title, 
■auiLJUiiBiiJp accompanying papers, referred to the Committee 
onPensimSr 

Mr. DOLPH introduced a bill (S. 1069) to extend the time for 
filing certain claims for compensation for horses and other prop- 
erty lost in the military service of the United States; which was 
read twice by its title, and referred to the Committee on Military 
Affairs. 

He also introduced a bill (S. 1070) to pay the citizens of Oregon 
for supplies audited by Philo Callender, commissioner; which 
was read twice by its title. 

The VICE-PRESIDENT. To what committee shall tlio bill 
be referred? 

Mr. DOLPH. I think it had better go the Committee on 
Military Affairs. If they do not care to take jurisdiction of it 
they can report it back and let it go to the Committee on Claims 
or iihe Select Committee on Indian Depredations. 

The VICE-PRESIDENT. The bill will be referred to the 
Committee on ^Military Aft'airs. 

Mr. DOLPH introduced a bill (S. 1071) to grant to the Ta- 
coma and Seattle Air-Line Railway Company a right of way 
through the Puyallup Indian Reservation in the State of Wash- 
ington, and for other purposes; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Indian Affairs. 

He also introduced a bill (S. 1072) for the relief of George E. 
W. Sharretts; which was I'ead twice by its title, and referred to 
the Committee on Claims. 

He also introduced a bill (S. 1073) to extend the time for adjudi- 
cating certain claims; which was read twice by its title, and I'e- 
ferred to the Committee on Claims. 

He also introduced a bill (S. 1074) to establish additional life- 
saving stations; which was read twice by its title, and referred 
to the Committee on Commerce. 

He also introduced a bill (S. 1075) to regulate and fix the com- 
pensation of registers of the land office and receivers of public 
moneys in each land district; which was read twice by its title. 

Mr. DOLPH. I call the attention of the members of the Com- 
mittee on Public Lands and of the Senate to the fact that the bill 
proposes to do away with fees to registers and receivers of the 
land office, and give them a reasonable salary. I move that the 
bill be referred to the Committee on Public Lands. 

The motion was agreed to. 

Mr. DOLPH introduced a bill (S. 1076) to license and regulate 
the sale of intoxicating liquors in the district of Alaska; which 
was read twice by its title. 

Mr. DOLPH. I desire to say a word or two in regard to the 
bill. The measure will be criticised. All the laws upon this 
subject which have applied to Alaska heretofore have been en- 
tirely prohibitory. I was there six years ago last summer and 
again last July, and in every little town in the district, every 
other place was a saloon where liquors were exposed for sale. 
There are to-day three breweries in the district, carrying on the 
business of making and selling beer. There are in the little town 
of Juneau twenty-two saloons in which liquors can be procured 
at any time. There are nearly as many in the town of Sitka, and 
a like number may be found in projiortion to the population in 
otlier towns. 

The attempt to prohibit the importation into or the manufac- 
ture and sale in Alaska of intoxicating liqviors has been a com- 
plete failure. The district is 2,200 miles east and west, and 1,500 
miles north and south, and has, it is estimated, if you include the 
indentures in the coast, 25,000 miles of coast line. It lies adjoin- 
ing to British Columbia, and the vilest liquors are constantly 
smuggled into tlie territory and sold to the Indians and to minors. 
An attomj^t was made recently by the Federal officers there to 
establish a sort of license system, supposing that they could 
secure enough public sentiment back of them by licensing a few 
respectable places to enforce the law so far as to prevent the sale of 
intoxicating liquors to the Indians and to minors. It was a failure, 
and, of course rightfully, the collector of customs was removed for 
his participation in the scheme, although ho came into it last. 
Although the move was in the i-ight directiouj it was a mistake, 
as they had no legislative power. But I think it would bo a very 
wise thing to provide for licensing respectable places, requiring 



70 



CONGEESlSlOIsrAL RECORD— SEAGATE. 



Decembee 1G, 



them to give ample bond that they would not sell intoxicating- 
liquors to Indians and minoi's, and thus create a public sentiment 
in the district whicli would sustain the officers of the Govern- 
ment in endeavoring to enforce the law. It is the only way it 
can be done, and while I would favor entire pi'ohibition if it 
could be enforced at all or be of any benefit, I am constrained to 
favor something practical, and I take the initiatory by intro- 
ducing the bill. 

I move that the bill, with the accompanying papers which I 
submit in I'l'gard to licensing the sale of liquor in Alaska, be 
referred to the Committee on Territories. 

The motion was agreed to. 

!\Ir. CAMKRON introduced a bill (S. 1077) relieving the per- 
sonal repre.sentatives of John Sherman, jr., late United States 
marshal for the Territory of New Mexico, from the requirements 
of section 8.3:! of the Revised Statutes; which was read twice by 
its title, and, with the accompanying papers, referred to the 
Committee on Claims. 

He also introduced a bill (S. 1078) granting a pension to Joseph 
Blanchard; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Pensions. 

Ho also introduced a bill (S. 1079) for the relief of Assistant 
Engineer Hou-ai'd D. Potts, United States Navy; which was read 
twice by its title, and, with the accompanying papers, referred to 
the Committee on Naval Aft'airs. 

Mr. PLATT introduced a bill (S. 1080) granting a pension to 
Caroline E. Wessels; which was read twice by its title, and re- 
fernxl to the Committee on Pensions. 

STATISTICAL ABSTRACT OF THE UNITED STATES. 

My. MANDERSON submitted the following concurrent reso- 
lution; which was i-eferred to the Committee on Printing: 

lir^iol.oed by the Senate (the House of Representatives concurring therein). That 
there be printed 3.500 copies of the 'Stati.<?tic.'il Abstract of the Uniteci States 
ior the year lRt!(i, prepared by the Bureau of Stjitistics. Treasury Depart- 
ment. 1,000 copies tor the use of the Senate, •_',000 copies for the use of the 
Hou,^'^ of Representatives, and 500 copies for the use of the Bureau of Statis- 
tics. Treasury Department. 

Mr. MANDERSON submitted the following concurrent reso- 
lution; which was referred to the Committee on Printing; 

Resolved by the Senate (the House of Representatirer. eoficurring). That there 
he printed 13,000 copies of the Statistical Abstract of the United States for 
the year 1891, prepared by the Bureau of Statistics, Treasur.v Department, 
8.00(1 copies for the use of the members of the .Senate, 0,000 copies for the use 
of lb:' members of the House of Representatives, and 3,000 copies tor the use 
of the Bureau of Statistics, Treasury Department. 

SILVER COINAGE. 

Mr. STEWART. I desire to give notice that on Monday next, 
after the conclusion of the morning business, I shall submit some 
remarks on that portion of the President's message relating to 
the coinage of silver. 

ANNUAL REPORT OF BUREAU OF AMERICAN REPUBLICS. 

The VICE-PRESIDENT laid befoi-e the Senate the following 
message from the President of the United States; which was 
read, and, with the accompanying papers, referred to the Com- 
mittee on Foreign Relations, and ordered to be printed; 

To the Senate and House of Representatives: 

I transmit here%vith. for your information, a letter from the Secretai-y of 
State, inclosine; the first annual report and copies of the bulletins of the 
Bureau of the American Republics. 

BENJ. HARRISON, 

Executive Mansion, December iii, lS9t. 

EXECUTIVE SESSION. 

Mr. SHERMAN. I move that the Senate proceed to the con- 
sideration of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After twenty-five minutes 
spent in executive session the doors were reopened, and (at 1 
o'clock and 7 minutes p. m.) the Senate adjourned until to-morrow, 
Thursday, December 17, 1891, at 12 o'clock m. 



NOMINATIONS. 

Hxecutive nominations received by the Senate December IG, 1S91. 

UNITED STATES DISTRICT JUDGE. 

Warren Truitt, of Oreg-on, to be United States district judge 
for the district of Alaska, vice John S. Bugbee, to be removed. 

UNITED STATES CIRCUIT JUDGES. 

William L. Putnam, of Maine, to be United States cii-cuit judge 
for the first judicial circuit, as provided by section 1, chapter 
517, volume 26, laws 1891, United States Statutes at Large. 

Nathaniel Shipman, of Connecticut, to be United States circuit 



judge for the second judicial circuit, as provided by section 1, 
chapter 517, volume 2G, laws 1891, United States Statutes at 
Large. 

George M. Dallas, of Pennsylvania, to be United States circuit 
judge for the third j udicial circuit, as provided by section 1 , chap- 
ter 517, volume 2(3, laws 1891, United States Statutes at Large. 

Nathan Goff, of West Virginia, to be United States circuit judge 
for the fourth judicial circuit, as provided by section 1, chapter 
517, volume 26. laws 1891, United States Statutes at Large. 

William H. Tatt, of Ohio, to be United States circuit judge for 
the sixtli judicial circuit, as provided by section 1, chapter 517, 
volume 26, laws 1891, United States Statutes at Large. 

William A. Woods, of Indiana, to bo United .States circuit judge 
for the seventh judicial circuit, as provided by section 1, chaptei- 
517, volume 26, laws 1891, United States Statutes at Large. 



CONFIRMATIONS. 

Executive nominations confirmed by tlie Senate December IG, 1891. 
CONSULS. 

Hermel de Sallier Dupin. of Cape Vincent, N. Y., to be con- 
sul of the United States at Nantes. 

Philip Carroll, of New York, formerly consul at Palermo, to 
be consul of the United States at Demerara. 

Alonzo Spencer, of New York, to be consul of the United States 
at Pictou, Nova Scotia. 

Henry L. Arnold, of Geneseo, N. Y., to be consul of the United 
States at Clifton, Ontario. 

Charles W. Erdman, of Louisville, Ky., to be consul of the 
United States at Stockholm. 

Richard Herbst, of Columbus, Ohio, to be consul of the United 
States at Antigua, West Indies. 

William K.Sullivan, of Chicago, 111., to be consul of theUnited 
States at Bermuda. 

COLLECTORS OF CUSTOMS. * 

Henry Z. Osborne, of California, to bo collector of customs for 
the district of Wilmington, in the State of California. 

Edwin T. Hatch, of Oregon, to be collector of customs for the 
district of Alaska, in the Territory of Alaska. 

John C. Dancy, of North Carolina, to be collector of customs 
for the district of Wilmington, in the State of North Carolina. 

Charles D. Eddy, of Rhode Island, to be collector of customs 
for the district of Bristol and Warren, in the State of Rhode 
Island . 

David R. Austin, of Ohio, to be collector of customs for the 
district of Miami, in the State of Ohio. 

Herbert Morissey, of Massachusetts, to be collector of customs 
for the district of PljTnouth, in the State of I\Iassachusetts. 

Francis C. Hendricks, of New York, to be collector of customs 
for the district of New York, in the State of New York. 

.Jotham C. Haggett, of New York, to be collector of customs 
for the district of Dunkirk, in the State of New York. 

Webster Flanagan, of Texas, to be collector of customs for the 
district of Paso del Norte, in the State of Texas. 

SURVEYOR OF CUSTOMS. 

Mark F. Wentworth, of Maine, to be surveyor of customs in 
the district of Portland and Falmouth, in the State of Maine. 

SUPERVISING INSPECTOR OF STEAM VESSELS. 

Charles H. Westcott, of Michigan, to be svipervising inspector 
of steam vessels for the eighth district. 

APPRAISER OF MERCHANDISE. 

George Bingham, of New York, to be appraiser of merchan- 
dise in the district of Buffalo Creek, in the State of New York. 

PROMOTIONS IN THE MARINE HOSPITAL SER\aCE. 

Charles E. Decker, of Michigan, to be assistant surgeon in the 
Marine Hospital Service of the United States. 

Henry T. Goodwin, of South Carolina, to be passed assistant 
surgeon in the Marine Hospital Service of the United States. 

Thomas B. Perry, of Georgia, to be passed assistant surgeon 
in the Tilarine Hospital Service of the United States. 

Hell M. Woodward, of Indiana, to be passed assistant surgeon 
in the Mai'ino Hospital Service of the United States. 

PROMOTIONS IN THE REVENUE SERVICE. 

Lieut. Alexander B. Hasson, of the District of Columbia, to 
be third lieutenant in the Revenue Service of the United States. 

Lieut. Charles E. Johnston, of Ohio, to be third lieutenant in 
the Revenue Service of the United States. 

Lieut. Francis A. Levis, of Now York, to be third lieutenant 
in the Revenue Service of the United States. 

Lieut. George M.Daniels, of Rhode Island,, to be third lieu- 
tenant in the Revenue Service of the United States. 



1891. 



CONGRESSIONAL RECORD— SENATE. 



13 



PROPOSED COMMITTEE ON ORDER OP BUSINESS. 
Mr. GATES, by unanimous consent, submitted the following 
resolution; which was read, and referred to the Committee on 
Rules: 

Resolved. That there be a standing committee on order ol business, to con- 
sist of fifteen members, of which the Speaker shall be ex officio cliau-man, 
which shall have jm-isdictlon of the order in which busniess upon the diMei- 
ent Calendars shall be considered, having always due regard to lairncss and 
equity among the different committees and the transaction of public busi- 

DEATH OF HON. LEONIDAS C. HOUK. 

Mr. TAYLOR of Tennessee. Mr. Speaker. I rise to perform 
the mournful duty of announcing to the House the death of my 
friend and late colleague, the Hon. Leonidas C. Houk. He 
died suddenly of accidental poisoning at his home in the city of 
Knoxville on the 25th dav of May, of the present j-ear. 

Thousands of his countrymen followed his remams in sorrow 
to their last resting place, and thousands more wept as they 
would weep at the grave of nearest kindred when they realii;ed 
that their faithful friend and trusted Representative had passed 
away. 

Prom 1861 to 1863 he was a Union soldier, being colonel of the 
Third Tennessee Infantry; from 1866 to 1870 he was judge of his 
judicial circuit; from 187"3 to 1875 he was a State legislator. He 
entered the Forty-sixth Congress, and was elected consecutively 
to the Forty-seventh. Forty-eighth, Forty-ninth, Fiftieth, Fifty- 
first, and Fifty-second Congresses. He had a hold upon his peo- 
ple far beyond that of any man or combination of men, and had 
he lived, he could have been returned to Congress as long as he 
might have desired to remain in the public service. He died 
poor in this world's goods but rich in the friendship and love of 
his coimtrymen. 

I shall say no more of him now, for I am aware that some day 
in the future will be fixed by the House when his associates and 
friends will be accorded an opportunity to place on record their 
estimate of his life and character, of his public services, and to 
take such action as they may deem best fitting as a last tribute 
of respect to his memory. 

I ask unanimous consent for the present consideration of the 
resolutions which I send to the Clerk's desk. 

The SPEAKER. The Clerk will report the resolutions. 

The Clerk read as follows: 

Resolved, That the House has heard with profoimd sorrow of the death of 
Hon. Leonidas C. Houk, late a Representative from the State of Tennessee. 

Resolved, That as a mark of respect to his memory the House do now ad- 
journ. 

SWEARING IN A MEMBER. 

Mr. HERMANN. Mr. Speaker, before the question on the reso- 
lutions is submitted to the House, I desire to state that the gen- 
tleman from Nevada [Mr. Bartine] is present, and wishes to be 
sworn in. 

The SPEAKER. The Chair will suspend the question on the 
resolutions until the gentleman from Nevada can be sworn in. 

Mr. Bartine then came forward and took the oath prescribed 
by law. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCoOK, its Secretary, 
announced that the Senate had passed a joint resolution to fill a 
vacancy on the Board of Regents of the Smithsonian Institution; 
in which the concurrence of the House of Representatives was 
requested. 

DEATH OF HON. L. C. HOUK. 

The SPEAKER. The quesfton is upon agreeing to the reso- 
lutions offered by the gentleman from Tennessee [Mr. Taylor]. 

The resolutions were agreed to unanimously. 

Accordingly (at 12 o'clock and 14 minutes p. m.) the House ad- 
journed until Saturday. 



SENATE. 
Thursday, December 17, 1891. 

Prayer by the Chaplain, Rev. J. G. Butler, D. D. 

The Vice-President being absent, the President pro tempore 
(Hon. CH-i^rles F. Manderson) took the chair. 

The Journal of yesterday's proceedings was read and approved. 
appointment op comrhttees. 

Mr. CULLOM. Preparatory to submitting resolutions for the 
arrangement of tho committees of the Senate, I ask unanimous 
consent that that part of Rule XXIV which requires the appointr 
meut of standing and other committees of the Senate to be made 
by ballot he suspended. 

The PRESIDENT pro tempore. The Senator from Illinois asks 
the unanimous consent of the Senate that so much of Rule XXIV 
as provides for the election of committees by ballot be dispensed 



with. Is there objection ? The Chair hears none, and it is so or- 
dered. 

Mr. CULLOM. I submit a resolution, which I ask may be read. 

Mr. COCKRELL. Before the resolution is read I desire to 
state that in consequence of the absence of the Senator from North 
Carolina [Mr. Vance], who has not yet been sworn in, the places 
which are intended for him and w^iich will be tissigned to him 
as soon as ho takes his scatr have been assigned to his colleague 
[Mr. Ransom], and when the Senator from North Carolina re- 
turns his colleague will resign from those eotnmitleos. It is the 
understandingthatthe Senatorfroni North Carolina [Iklr. Vance] 
is to take tho exact places, at the hrad of a committee and so on, 
that his colleague will now hold for liira. Also the places which, 
will be assigned to the Senator from New York [Mr. Hill] when 
he takes his seat are to be filled by other Senators who will 
resign, and we shall then ask that ho be appointed to fill the 
vacancies thus created. This will explain why it is that so many 
places are assigned to the Senator from North Carolina [Mr. 
Ransom], and why other Senators have more appointments on 
committees than they otherwise would have. 

'Sh: CULLOM. That information was imparted to me, and I 
see no reason myself why the arrangement suggested should not 
be carried out. 

The PRESIDENT pro tempore. The resolution submitted by 
the Senator from Illinois will be read. 

The Chief Clerk read as follows: 

Resolved, That the following constitute the standing committees of the 
Senate of the United States for the Fifty-second Congress: 

OnA(/ricHllureandForeslnj~MessTS.Fa,Moc]i (chairman), McMillan, 
Warren. Felion, lieorge. Gibson of Louisiana, Jones of .iVrkansas, Ba' 

On Apprnpnalions—Messrs. Allison (chairman), Dawes, Plumb, Hale, Cul- 
lom. Stewart, Cockrfll. Call, Gorman. Blackburn. 

To Audit ami Control the Contingent Expenses of llie Senate— Messrs. Jonesot 
Nevada (chairman I. Paddock, Ransom. 

On the (Vn.si/.) -Messrs. Hale (chairman), Stockbridge, Dixon, Hansbrough, 
Peffer. Herrv, Blackburn. Blodgett, Turple. 

On Civil .Wficc and Retrenchment— fiessrs. Wolcott (chairman), Dawes, 
Stanfm-d. Wasliljurn, Morrill. Walthall, Call, Gordon, Irby. 

O/i rVrtiw.',-— Messrs. Mitchell (chairman), Allen, Stewart, Sanders, Pefler, 
Pasco. Faulkner, Vilas, White. 

On Coast Xif/V/isfS— Messrs. Dolph (chairman), Hawley, Squire, Biggins, 
Felton. Berry. Gordon, Chilton, Irby. 

On Commerce— Messrs. Prye (chairman), Jones of Nevada, Dolph, Sawyer, 
Cullom, Washburn, Quay, Ransom, Coke, Vest, Gorman, Kenna, Gibson of 
Louisiana. _- 

On the District of Columbia— MesRTS. McMillan (chairman) , xTl^p^«o j'lBlll ifll"-'^ 
Wolcott. Gnllinger, Hansbrough, Harris, Ran.som, Faulkner, BarbollMilb- ^ _ 

son of MaVNlaiid. 

On Kdiicntuin and LoSor— Messrs. Carev (chairman), Stanford, Wai 
McMillan. 1 lunstirough. George, Pugh, Barbour, Kyle. 

On KiK/i-ox.-i'd /;i/I,<— Messrs. Cocltrell (chairman), Allison. Warren. 

On Enrolled /fi/(.s— Messrs. Sanders (chairman), Dubois, Colquitt. 

On E/iidiniic Hiseases— Messrs. Harris (chairman). Berry, White, Irby, 
SlockbrldKc. liallinger. Felton. 

To E.rainine the Several Branches of the Civil Service— Me&ars. Power (chair- 
nianl. Gallint'er. Peffer. Gray, Vilas. 

On Finn nee -Messrs. Morrill (chairman), Sherman, Jones of Nevada, Alli- 
son, AMriih, Hlscock, Voorhees. McPherson. Harris, Ransom, Carlisle. 

On ELsheries— Messrs. Stockbridge (chairmant, Dawes, Stanford, Squire, 
Power, Blodgett. Call, Ransom. Gibson of Maryland. 

On Eoreign Relations— Messrs. Sherman (chaii-man), Frye, Dolph, Davis, 
Hiscock. Morgan. Butler. Kenna. Gray. 

On Immigration— Messrs. Chandler (Chairman). Hale, Squire, Proctor, Du- 
bois. Voorhees, McPherson, Daniel. Cockrell. 

On Improvement of the Mississippi River and its Tributaries-Messrs. Wash- 
burn (chairman). Pcttigrew. Power, Peffer. Walthall. Bate. Palmer. 

On Indian Atfairs— Messrs. Dawes (chalrmani. Piatt. Stockbridj,'!-, Man 
derson, Pettlgrew, Shoup, Morgan, Jones of Arkansas. Daniel. Vilas. 

On Interstate Commerce— Messrs. Cullom (chairman), Wilson, Hlscock, 
(;;handler, Wolcott, Higgins, Harris, Gorman, Jones of Arkansas, Barbour, 
Colquitt. , 

On Irrigation and Reclamation of Arid lands— Messrs. Warren (chairman), 
Stewart. Casey. Sanders, Dubois, Jones of Arkansas, Brice, Kyle, Gibson 
of Maryland, 

On the .Judiciary— Messrs. Hoar (chairman). Wilson, Teller, Piatt, Mitchell, 
Pugh, Coke, Vest. George, 

On the Library^Messrs. Quay (chairman), Wolcott, Voorhees. 

On Manufactures— Messrs. Higgins (chairman), Dubois.Gallinger, Blodgett, 
Gibson of Maryland. ,, , 

On Mil it an/ A fairs— Messrs. Hawley (chairman), Cameron, Manderson, 
Davis. Proctor. Cockrell. Walthall, Bate, Palmer. 

On Mines an tl .Vin in <?— Messrs. Stewart ( chairman) , Jones ol Nevada, Power, 
Warren, Felton. Bate. Call. Chilton, Irby. 

On Kaval Afairs— Messrs. Cameron (chairman). Hale, Stanford, StoCK- 
bridge. Chandler, McPherson. Butler, Blackburn. Gibson of Louisiana. 

On Organization. Conduct, and Expenditures of the Executive Departments- 
Messrs. Hiscock (chairman). Casey, Wilson, Proctor, Dubois, Cockrell, 
Kenna, Gorman, Blackburn, 

On Patents— Messrs. Dixon (chairman), Piatt, Sanders, Carey, Gray, Chll- 

On Pensions— Messrs. Davis (chairman), Sa\vyer, Paddock, Shoup, Hans- 
brough, Gallinger, Turpie, Blodgett. Palmer, Vilas, Brice. . 

On Post-offices and /"os'-iPotK/s— Messrs. fiawyer (chairman). Mitcli 
Millan, Wolcott. Dixon, Washburn, Colquitt, Blodgett. Brice, Irby, Chilton. 

On Printing— Messrs. Manderson (chalrinani, Hawley, Gorman. 

On Private Land Claims— Messrs. Ransom (chairman) , Colquitt, Pasco, Hale, 
TpIIpi' StrndGr*^ froctoi". 

On Privileges' and Elections— Messrs. Teller (chairman), Hoar, Mitchell, 
Chandler, Higgins, Ransom. Pugh. Gray, Turpie. , ^ , ^ . , ,, „,,, 

On Public Buildings and Grounds-Messrs. Stanford (chairman), JlorrUJ, 
Quay, Squire, Carey, Vest, Daniel, Pasco, Brice. 

On Public Lands— Messrs. Plumb (chairman). Dolph. Paddock, Allen, rev 
tigrew, Sanders. Morgan, WaUhall, Berry, Pasco, White. ..,„„- 

On Railroads— Messrs. Casey (chairman). Hawley, stockbridge, Pettlgrew. 
Power, Pefler, Blackburn, Berry. Bate. Gordon. Palmer. 



74 



CONGRESSIONAL RECORD— SENATE. 



Decembee 17, 



On thf Bi-rislon of the Laws of the United States— Messrs. Wilson (chairman), 
Platl, Proc-tor, Daniel, Call. 

On ItteoUilionarij W«!»w— Messrs. Coke (chairman), Pugli, Brlce, Cameron, 
Sawyer. 

On Jlules—Messvs. Aldrich (chaii-man) , Sherman, Manderson, Harris, Black- 
tnrrn. 

On Territories— Messrs. Piatt (chairman). Stewart, Davis, Carey, Shoup, 
HausbrouKh, Jones ot Arkansas, Carlisle, Faulkner, Gordon, McPherson. 

On Transportation Routes to the Seaboard — Messrs. Scinire (chairman), 
Mitchell, Aldrich, Casey, Gallinger, Gibson ot Louisiana, George, Turpie, 
Gordon. 

The resolution was considered by unanimous consent, and agreed 
to. 

Mr. CULLOM submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

Sesolved, That the foUoiving constitute the select committees ot the Senate 
of the United States for the Fifty-second Congress: 

SELECT COMMrrTEES. 

To Investigate Condition of Potoniac liiver Front of Was?iington — Messrs. Mc- 
Pherson (chairman). Ransom, Barbour, Sawyer, Sherman, Frye. 

To Inquire into all Claims of Citizens of the United States against the Govern- 
ment of Nicaragua— Messrs. Morgan (chairman), Palmer, White, Stewart, 
Mitchell. 

On Woman Suffrage— Messrs. Ransom (chairman), Carlisle, George, Koar, 
Allen, Quay, Warren. 

On Addiiional Accommodations for the Library of Congress — Messrs. Voor- 
hees (chairman), Butler, Morrill, Dixon. Paddock. 

On the Five Civilized Tribes of Indians— Messrs. Butler (chairmau), Pasco, 
Dawes, Cameron, Teller. 

On the 2*rtsident's Message transmitting the Report of the Pacific Bailn-ay 
Commission— Messrs. Frye (chairman), Dawes, Hiscock, Davis, Carey. Mor- 
gan, Ttirpie, J^^aulkner, White. 

On the Transportationand Sale of Meat Products— Messrs. Vest (chairman). 
Coke, Plumb, Power. Casey. 

On Relations icith Canada— Messrs. Allen (chairman). Hoar, Allison, Hale, 
DoliJh, Pugh. Voorhees, Gorman, Carlisle. 

To Estalnishthe Uniuersity of the United States — Messrs. Proctor (chairman), 
Sherman, Dolph, Washburn, Sqtiire, Butler, Gibson ol Louisiana, Barbour, 
Kyle. 

On Indian Depredations— Messrs. Shoup (chairman), Paddock, Chandler, 
Alien, Power, Faulkner, Coke. Carlisle, Kyle. 

On the Quadro-Centennial-Messrs. Pettigrew (chairman), Hiscock. Sher- 
man, Cameron, Hawley, Wilson, Felton, Cullom, Colquitt, Vest, Kenna, Gray, 
Daniel, Vilas, Gibson ot Maryland. 

CREDENTIALS. 

The PRESIDENT pro tempore laid before the Senate the cre- 
den. ials of David B. Hill, chosen by the Legislature of the State 
of New York a Senator from that State for the term beginning 
March 4. 1S91; wliich were read, and ordered to be filed. 

DISTRICT SANITARY EXPENDITURES. 

The PRESIDENT ])ro tempore laid before the Senate a com- 
munication from the Commissioners of the District of Columbia, 
transmitting, in compliance with a resolution of the 15th instant, 
certain information in regard to expenditures for the collection 
of garbage, and for the prevention of the spread ot scarlet fever 
and diphtheria in the District; which, with the accompanying 
papers, was referred to the Committee on the District of Colum- 
bia, and ordered to be printed. 

PETITIONS AND MEMORIALS. 

Mr. MORRILL presented two petitions of citizens of Brattle- 
boro, Windham County, Vt., and a petition of citizens of "Worces- 
ter, Washington County, Vt., praying for the free delivery of 
mails in rural districts; which were referred to the Committee 
on Post-Ottices and Post-Roads. 

Mr. DAWES. I present the petition of a large number of citi- 
zens of New Salem, in the State of Massachusetts, praying for a 
free delivery of the mails in rural districts and other changes in 
the postal laws. 

I alsopresentalike petition from citizens of the town of Hawley, 
another from citizens of the town of Amherst, one from citizens 
of the town of Orange, one from citizens of the town of Wren- 
tham, one from citizens of the town of Blandford, and one from 
citizens of Southampton, in the State of Massachusetts, making 
the same prayer. 

I move that the petitions be referred to the Committee on Post- 
Offlces and Post-Roads. 

The motion was agreed to. 

Mr. PLATT. I present a petition of 2-t citizens of Glaston- 
bury, Conn., praying for the same improv(_-ment in the mail serv- 
ice as the petitions just presented by the Senatorsfrom Massachu- 
setts and Vermont. I move that the petition be referred to the 
Committee on Post-Oflces and Post-Roads. 

The motion was agreed to. 

Mr. DIXON. I present a' preamble and resolution passed by 
the General Assembly of the State of Rhode Island, m the nature 
of a petition, urging upon Congress the consideration ot legisla- 
tion looking to the saving of life and prevention of injuries to 
railroad employes. I move that the petition be referred to the 
Committee on Interstate Commerce. 

The motion was agreed to. 

Mr. HO^y^ presented petitions of citizens of Pitchburg, Dana, 
Somerset, Lee, and Hawley, in the State of Massachusetts, pray- 



ing for the free delivery of mails in rural districts: which were 
referred to the Committee on Post-Offices and Post^Roads. 

He also presented a petition of membei's of the Baptist Church 
of Nowton Center, Mass., praying for the closing of the World's 
Columbian Exposition on Simday : which was rcferred-to the Com- 
mittee on the Quadro-Centennial (Select). 

Ml-. GALLINGER presented a joint resolution of the Legisla- 
ture of New Hampshire, favoring legislation for the relief of State 
libraries by the Federal Government: which was referred to the 
Committee on Post-Offices and Post-Roads. 

He also presented certain papers in support of the pension claim 
of James H, Osgood, of Suncook, N. H.; which were referred to 
the Committee on Pensions. 

He also presented the petition of Rev. Albert D. Spalter, of 
Rumney, N. H., praying to be allowed compensation from Con- 
gress for services rendered by Moses Child in the Revolutionary 
war: which was referred to the Committee on Revolutionary 
Claims. 

Mr. QUAY presented a petition of the congregation of the 
First Presbyterian Chu h of PhcenixvUle, Pa., praying that the 
United States cooperate with foreign powers to prevent the slave 
and I'uni traffic within the limits of the Congo Free State, as pro- 
vided in the so-called Brussels treaty; which was referred to the 
Committee on Foreign Relations. 

Mr. CALL, In the absence of the Senators from South Caro- 
lina. I present, by request, the petition of the heirs of Jesse 
Fish, jr., late of the State of Florida, praying for the confirmar 
tion of a royal grant from the Crown of Spain of Anastasia Island, 
in the State ot Florida. I move that the petition be referred to 
the Committee on Private Land Claims. 

The motion was agreed to. 

Mr. VILAS. I present a joint resolution of the Legislature of 
Wisconsin in favor of the election of Senators by a vote of the 
people. I ask that the memorial be read and referred to the 
Committee on Privileges and Elections. 

The memorial was read, and referred to the Conunittee on 
Privileges and Elections, as follows : 

Jointresolution for the election of United States Senators by the vote of the 

people. 
Whereas the causes no longer exist which Influenced " the fathers " at the 
time the Constitution of the United .States was framed to provide that the 
Senators in Congress should be elected by the Legislatures of the several 
States: and 

V/hereas the experience of recent years has demonstrated the necessity of 
a change in the numner of electing Senators if that body Ls to continue to rep- 
resent the conservative public sentiment; and 

Whereas it is more in accord with the spirit of our institutions, and has 
been proved to be, all things considered, the best mode of selecting public 
servants, to elect them by a vote of the people: Therefore, 

JJe it resolved by the assembly (the senate concurring), That it is the sense of 
this Legislature that the Constitution of the United States should be amended 
so as to provide that Senators in Congress shall be elected by a vote of the 
people. 

Resolredfurther, That our Senators and Representatives in Congress be ad- 
vised accordingly. 

J. J. HOGAN, 
Speaker of the Assernbly. 
G. W. PORTH, 
Chief Clerk oftlie Assembly. 

Mr. STOCKBRIDGE presented a petition of citizens of Michi- 
gan, pi-aying for the extension of the free delivery of maUs; which 
was referred to the Committee on Post-Offices and Post-Roads. 

He also presented a petition of the United Presbyterian Church 
of Martin, Mich., praying for the closing of the World's Colum- 
bian Fair on Sunday; which was referred to the Committee on 
the Quadro-Centennial (Select). 

Mr. GIBSON of Louisiana. I present a petition in favor of 
the improvement of the harbor of New Orleans, La., signed by 
the officers of the city government, the president of the levee 
board, the presidents ot all the exchanges, banks, insurance and 
railroad companies, and also by the owners and officers of the 
various manufacturing interests of the city. I move that the 
petition be printed as a public document and referred to the 
Committee on Commerce. 

The motion was agreed to. 

Mr. SAWYER presented a petition of the Board of Trade of 
La Crosse, Wis., praying for a reduction of letter postage: which 
was referred to the Committee on Post-Offices and Post-Roads. 

ADDITIONAL SESSION EMPLOYES. 

]Mr. PADDOCK. I ask leave to submit a report from the Com- 
mittee to Audit and Control the Contingent Expensesof the Sen- 
ate, and I ask for its present consideration. 

The PRESIDENT^;ro tempore. The resolution will be read for 
information. 

The Secretary read the resolution, as follows : 

Resolved. That the Sergeant-at-Arnis is directed to employ during the pres- 
ent session, in addition to the existing force, one messenger, acting as assist- 
ant doorkeeper, at the rate of $1,800 per anniun: four messengers, at the rate 
of ?l,440 per annum each: oneengmeer, at the rateof J!.200perannum; three 
firemen, at the rate of ^00 per annum each: two conductors of elevators, at 
the rate of $800 per annttm each ; one watchman, at the rate of $900 per annum: 



1891. 



CONGRESSIONAL RECORD— SENATE. 



75 



ten additional messengers, at the rate of S720 per annum eacli; one attendant 
in 1 idles' retiring room, Senate wing of the Capitol, at the rate of J730 per 
annum: said employes to be paid from the miscellaneous items of the oou- 
tingent fund of the Senate. 

The PRESIDENT jno tempore. Is there objection to the pres- 
ent consideration ot the resolution? 

Mr. PLATT. I Avish the resolution to go over. 

Mr. PADDOCK. I ask the Senator to allow me to make a 
statement concerning the resolution. 

Mr. PLATT. Certainly. 

j\Ir. PADDOCK. This resolution was reported by the Com- 
mittee on Rules, and referred to the Committee to Audit and 
Control the Contingent Expenses of the Senate. It is made neces- 
sary because of the acquisition of the building known as the 
Maltby House for the use of committees. There are seven or 
eight committees already in that building, and more are to go 
there. The Maltby House was acquired by purchase at the last 
session of Congress' because of the necessity of securing additional 
committee rooms, there not being sufficient rooms within the 
Capitol proper to supply the committees organized, recognized, 
and required by the Senate to do its business. Therefore the 
Committee on Contingent Expenses, in view of the fact that this 
necessity seemed to exist, because there was no force whatever 
to perform the duties required to be performed in connection with 
the occupancy of that building, because the Committee on Rules, 
after very careful and thorough investigation, found it to be neces- 
sary to report in favor of such an increase, and because, further, 
the Committee on Contingent Expenses, after diligent inquiry, 
became satisfied that the situation demanded their indorsement 
of the action of that committee, and accordingly adopted the re- 
port which I have submitted. 

Mr. PLATT. I do not know that I shall make any objection 
to the resolution when it comes to be acted upon, but it proposes 
to provide for a somewhat large increase to the already numer- 
ous force which waits upon the Senate and Senators, and I should 
like to have an opportunity to look it over. I ask, therefore, that 
the resolution may lie over for the present. 

Mr. PADDOCK. That is all right. 

The PRESIDENT pro tempore. Being objected to, the reso- 
lution wUl lie over under the rules. 

BILLS INTEODUCED. 

Mr. HAWLEY introduced a bill (S. 1081) giving William K. 
Mayo the rank and pay of rear-admiral on the retired list of the 
Navy; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Naval Affairs. 

He also introduced a bUl (S. 1082) for the relief of James M. 
Aldcn; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Naval Affairs. 

He also introduced a bill (S. 1083) granting an honorable dis- 
charge to C. C. Wright; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Military Affairs. 

He also introduced a bill (S. 1084) granting an honorable dis- 
charge to Wilmar Schlag; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Military Affairs. 

He also introduced a bill (S. 1085) granting a pension to Caro- 
line D. Morris; which was read twice by its title, and referred 
to the Committee on Pensions. 

He also introduced a bill (S. 1086) granting a pension to Julia 
A. Powell; which was read twice by its title, and referred to the 
Committee on Pensions. 

He also introduced a bill (S. 1087) giving William K. Mayo the 
rank and pay of rear-admiral on the retired list of the Navy; 
which was read twice by its title, and referred to the Committee 
on Naval Affairs. 

Mr. RANSOM introduced a bill (S. 1088) for the relief of 
Thomas S. Lutterloh: which was read twice by its title, and 
referred to the Committee on Claims. 

He also introduced a bill (S. 1089) for the relief of the Cape 
Fear Steamboat Company; which was read twice by its title, and 
referred to the Committee on Claims. 

Mr. SAWYER introduced a bill (S. 1090) to amend section 1 and 
section 2 of an act entitled "An act to authorize the sale of timber 
on certain lands reserved for the use of the Menomonee tribe of 
Indians, in the State of Wisconsin; " which was read twice by its 
title, and referred to the Committee on Indir,n Affairs. 

Mr. VOORHEES introduced a bUl (S. 1001) for the relief of 
the legal rcprcsontatives of Jacob Schiffer and Samuel Scliiffer, 
deceased, forming the late firm of J. Schiffer & Co.; which was 
read twice by its title, and referred to the Committee on Claims. 
He also introduced a bill (S. 1092) to pay the administratrix of 
the estate of Bluford West, deceased, for the Bluford West sa- 
line, in Cherokee Nation; which was road twice by its title, and 
referred to the Committee on Indian Affairs. 
He also introduced a bill (S. 1093) granting an increase of pen- 



sion to Isaiah Mitchell; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. CASEY introduced a bill (S. 1094) granting the right of 
way to the Duluth and Manitoba liailroad Company across the 
Fort Pembina ileservaliou, in North Dakota; which was read 
twice by its title, and referred to the Committee on Military 
Affairs. 

Mr. STOCKBRIDGE introduced a bill (S. 1095) for the relief 
of Thomas Chambers; which was road twice by its title, and re- 
ferred to the Committee on Post-OIHees and Post-Roads. 

Mr. GALLINGER introduced a bill (S. lOOti) to provide for the 
free exchange through the mails, b(>tw(Hn the several States of 
the United States of America and liet ween said States and foreign 
nations, ot public printed reports and documents of the several 
States of the United States; which was read twice by its title, 
and I'eferred to the Committee on Post-Offices and Post-Roads. 
He also (by request) introduced a bill (S. 1097) increasing the 
rate of pension of certain disabled veterans of the United States 
Navy; which was read twice by its title, and referred to the Com- 
mittee on Pensions. 

He also introduced a bill (S. 1098) granting an increase of pen- 
sion to Harrison De F. Young; which was read twice by its title, 
and referred to the Committee on Pcnsi<ms. 

Mr. GRAY introduced a bill (S. 1099) for the relief of the heira 
of Clifford Arrick, deceased; which was read twice by its title, 
and referred to the Committee on Patents. 

Mr. HOAR introduced a bill fS. 1100) for the relief of the pilot 
and crew of the steamer Planter; which was read twice by its 
title, and, with the accompanying papers, i-eferred to the Com- 
mittee on Claims. 

Mr. WALTHALL introduced a bill (S. 1101) for relief of Ste- 
phen Duncan Marshall and George M. Miller, executors of the 
will of Levin R. Marshall, deceased; which was read twice by 
its title, and referred to the Committee on Claims. 

Mr. MCMILLAN (by request) introduced a biU (S. 1102) to refer 
to the Court of Claims the claims of Ellas E. Barnes and oth^»r 
which was road twice by its title, and, with the accom])anying 
papers, referred to the Committee on the District of Columbia. 
Ho also (by request) introduced a bill (S. 1103) for the reli*uf 
Thomas J. Spencer; which was read twice by its title, and re- 
ferred to the Committee on Military Affairs. 

Mr. MITCHELL introduced a bill (S. 1104) making an appro- 
priation and providing for the construction of two United States 
revenue cutters for service on the Pacific coast; which was read 
twice by its title, and referred to the Committee on Commerce. 
Mr. MORGAN introduced a bill (S. 1105) to incorporate the 
Washington and Deanwood Railway Company, in the District 
of Columbia; which was read twice by its title, and referred to 
the Committee on the District of Columbia. 

Mr. DOLPH introduced a bill (S. 1106) for the relief of John 
W. Lewis, of Oregon ; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Public 
Lands. 

Mr. PALMER introduced a bill (S. 1107) granting an increase 
of pension to Louis C. Schilling; which was read twice by its title, 
and referred to the Committee on Pensions. 

Mr. CARLISLE introduced a bill (S. 1108) for the relief of 
Sarah K. T. Baker; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Claims. 
Mr. TELLER introduced abill (S. 1109) to secure the introduc- 
tion of domesticated reindeer iuto Alaska: which was read twice 
by its title, and referred to the Committee on Agricidture and 
Forestry. 

Mr. DOLPH introduced a bUl (S. 1110) to amend the act ap- 
proved February 25, 1885, entitled ''An act to authorize a retired 
list for privates and noncommissioned officers of the United States 
Army who have served for a period of thirty years or upward; " 
which was read twice by its title, and referred to the Committee 
on Military Affairs. ' 

Mr. PLUMB introduced a bill (S. 1111) to amend the act of 
Congress, approved March 3, 1887, entitled "An act to provide 
for the bringing of suits against the Government of the United 
States; " which was read twice by its title, and referred to the 
Committee on the Judiciary. 

He also introduced a bill (S. 1112) to remove the UmiUtionm 
the payment of arrears of pensions; which was read twice by its 
title, and referred to the Committee on Pensions. 

He also introduced a bill (S. 1113) granting an increase of pen- 
sion to Theodore Rauthe; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on Pen- 
sions. . . /-,, 1 
He also introduced a bUl (S. 1114) granting a pension to ClarK 
Barton; which was read twice by its title, and referred to the 
Committee on Pensions. ,.,,<,! ^„ a 
He also introduced a bill (S. 1115) for the relief of Solomon b. 



76 



CONGRESSIONAL RECORD— SENATE. 



December 17, 



CrossTi.'hite; whieli was read twice by its title, and referred to 
the Committee on Military Affairs. 

He also introduced a bi'll (S. 1116) for the relief of Charles M. 
Gourley; which was read twice by its title, and referred to the 
Committee on INIilitary Affairs. 

He also introduced a bill (S. 1117) granting a pension to certain 
citizens of East Tennessee engaged in the secret service of the 
United States during the late rebellion; which was read twice 
by its title, and referred to the Committee on Pensions. 

PAPERS WITHDRAWN AND REFERRED. 

On motion of Mr. GALLINGER, it was 

Ordered, That the papers in the case ot Barker, Williams, and others (S. 
364) be taken Ironi the tiles of the Senate and referred to the Committee on 
Claims. 

Ordtrfd, That the papers in the case of George Hill, jr. (S. 612), he taken 
from the files of the Senate and referred to the Committee on Claims. 

On motion of Mr. MITCHELL, it was 

Ordered, That the papers relating to the claim of Peter Grant Stewari , of 
Oregon, l)e taken from the files and referred to the Committee on Claims. 

REPORT ON CATTLE AND DAIRY FARMING. 

Mr. MITCHELL submitted the following concurrent resolu- 
tion ; which was referred to the Committee on Printing: 

Resolved by the >^enate {the House of liepresentatives concurri/if/). That there 

be reprinted copies of House Executive Document No. ."Sl of the first 

session of the Fort y-ninth Congress, on " Cattle and Dairy Farming, "of which 

number copies .shall be tor the use of the Senate, copies for the tise 

of the Hoitse, and copies for distribution by the Department of State. 

PROPOSED ARBITRATION CONFERENCE. 

Mr. MITCHELL submitted the following resolution; which 
was referred to the Committee on Foreign Relations: 

Itesolved, That the Committee on Foreign Relations be, and is hereby, in- 
structed to Inquire into the advisability of appropriate action looldng to the 
invitation of the governments of the world to a conference to be held in con- 
nection with the World's Columbian Exposition at Chicago, for the purpose 
of discussing and recommending measures by which the principles of arbi- 
tration may be incorporated In treaties, conflicting international laws har- 
monized, and an International court established having jurisdiction in cases 
which governments shall fall to settle by negotiation, and to report by bill 
or otherwise. 

REPORT ON DISEjVSES OF THE HORSE. 

Mr. VOORHEES. I offer a resolution, and I ask for its present 
consideration. 

The resolution wa* read as follows: 

Besolved, That the Committee on Printing be, and are hereby, instructed 
to inquire Into the expediency and propriety of publishing for public dis- 
tribution 250,000 additional copies of the report of the Agricultural Depart- 
ment on diseases of the horse, and to report to the Senate on the subject by 
bill or otherwise. 

Mr. VOORHEES. Mr. President, I may be pardoned for say- 
ing that that book is in greater demand, in my judgment, than 
any other ever published by this Government, and it may well 
be. It is one of exceeding importance; and while I am in favor 
of this Congress especially being economical (and all others, for 
that matter), money spent in that direction will be well spent and 
gratefully received by the most important class of our citizens. 

The PRESIDENT pro tempore. The Chair is under the im- 
pression that according to the rule the resolution must go to the 
Committee on Printing for its report as to the cost. 

Mr. VOORHEES. The resolution is an instruction to the 
committee, and I presume that the Senate will have to adopt the 
resolution before the committee can be instructed thereby. 

Mr. HARRIS. Let the resolution bo read again. 

The PRESIDENT pro tempore. It will be again read. 

The Chief Clerk again read the resolution. 

Mr. HARRIS. I have no objection to the present considera- 
tion of the resohition. 

The PRESIDENT p ro tempore. The Senator from Indiana asks 
for the present consideration of the resolution. Is there ob- 
jection? 

Mr. PADDOCK. I hope there will be no objection, Mr. 
President. 

The PRESIDENT pro tempore. The Chair hears none. The 
resolution is before the Senate, and the question is on agreeing 
to the same. 

The resolution was agreed to. 

COMinTTEE ON THE UNIVERSITY OF THE UNITED STATES. 

Mr. CULLOM submitted the following resolution; which was 
referred to the Committee to Audit and Control the Contingent 
Expenses of the Senate: 

Mesoleed, That the Select Committee to Establish the University of the 
United States be, and it hereby is, authorized to employ a clerk during the 
sessions of the Senate, said clerk to bo paid the usual per diem salary from 
the contingent fimd of the Senate. 

PROPOSED ADJOURNMENT OVER. 

Mr. SHERMAN. I move that when the Senate adjourn to-day 
it be to meet on Monday next. 

Mr. HARRIS. I understand that the other House has ad- 
journed until Saturday, when it is understood, at least I have been 



informed the probabilities are, that a resolution will be sent to 
the Senate in respect to adjourning for the holidays. Would it 
not be well to adjourn over imtil Saturday instead of Monday, so 
that we may see what action the other House may take on that 
subject ? 

Mr. SHERMAN. I have no objection to changing my motion 
so as to adjourn until Saturday instead of Monday. 

The PRESIDENT pro tmipore. The Senator from Ohio modi- 
fies his motion, and moves that when the Senate adjourn to-day 
it be to meet on Saturday next. 

The motion was agreed to. 

LEAVE OF ABSENCE. 

Mr. GEORGE. Mr. President, I ask for an indefinite leave 
of absence from the Senate. 

The PRESIDENT pro tempore. The Senator from Mississippi 
asks indefinite leave of absence from the Senate. Is there ob- 
jection ? The Chair hoars none, and leave is granted. 

ELECTION OP UNITED STATES SENATORS BY THE PEOPLE. 

Mr. TURPIE. Mr. President 

Mr. STEWART. In view of the probability that we may not 
have a session on next Monday, I will beg leave of the Senate to 
make my remarks on silver immediately at the conclusion of the 
speech of the Senator from Indiana [Mr. Turpie]. 

Mr. TURPIE. According to the notice of last week, I move 
to take from the table the joint resolution (S. R. No. 6) propos- 
ing an amendment to tlie Constitution of the United States pro- 
viding for the election of United States Senators by direct vote 
of the people of the several States, and I move its reference to 
the Committee on Privileges and Elections. I ask that the joint 
resolution may be read. 

The PRESIDENT pro tempore. The joint resolution will bo 
read. 

The Chief Clerk read the joint resolution, as follows: 

Resolved by the Senate and House of JRepresentaHves of the United States of 
Amerira in Congress assembled (two-thirds of each House concurring therein). 
That the following amendment be proposed to the Legislatures of the several 
.states, which, when ratified by three-fourths ot said Legislatiu'es, shall be- 
come and be a part of the Constitution, namely: 

That section 3 of Article I be so amended that the same shall be as follows: 
"Article I. 

"Sec. 3. That the Senat« of the United States shall be composed of two 
Senators from each State, who shall be chosen by a direct vote of the people 
ot the several States, for six years; and the electors in each State shall have 
the qualifications requisite for electors of the most numerous branch of the 
State Legislatures; and each Senator shall have one vote," 

Mr. TURPIE. Mr. President, during the late regular session 
thereof, in 1890, the General Assembly of the State of Indiana 
passed the following resolution: 

Resolved by the house of representatives {the senate concurring). That our Sen- 
ators be instructed, and our members in Congress be requested, to use their 
intluence to secure the adoption of an amendment to the Constitution of the 
United States to provide for the election of United States Senators by direct 
vote of the people, and that a copy of this resolution be sent to each of our 
Senators and members of Congress. 

This action was taken, as is shown by the journals, in aLegisla- 
ture composed of representatives of every party, and their offi- 
cial expression ot opinion may be accounted as deliberate, deci- 
sive, and substantially unanimous. It is written that forms of 
government long established should not be changed for light or 
transient causes. The mode of choosing United States Senators 
is a part of the form of government created by the Constitution 
of 1789, in force now for more than a century. 

Indiana was admitted into the Union in 1816, during the Presi- 
dency of Madison. Her history as a State began under the 
auspices of that line of chief magistrates sprung from the pa- 
triots of the Revolution, and continued imder the same until the 
close of the term of Monroe, in 1825. Indiana isnot anew State; 
the sixth in the order of admission, she stands now senior to 
much the larger number. She is not one of the oldest, one of the 
original thirteen whose people adopted the Constitution. Her 
allegiance thereto, due by the terms of a later accession, has 
been avouched in many an act of valor, of devotion, by her sons 
in behalf of constitutional government. Her loyalty and attach- 
ment to the institutions of our country is of the most perfect tone 
and character. It is hereditary, traditional, a sentiment of steady, 
constant, permanent growth and development. 

The men who first settled within our borders, who first sub- 
dued these fertile valleys and prairies to the tilth of the plow, 
were for the most part emigrants from the original thirteen 
States, who brought with them their love and fealty to the Con- 
stitution of their fathers, and as a portion of the choicest heri- 
tage bequeathed the same to their descendants. These pioneers 
in the settlement and improvement of the State, and those who 
followed them for many years, came in. very nearly equal pro- 
portion from the northern and southern sections of the Union, 
from Pennsylvania, New York, and New England, from Mary- 
land, Delaware, Virginia, Kentucky, and the two Carolinas. 

I doubt if there be any State or region of country within the 



1891. 



CONGRESSIONAL EECORD— SENATE. 



93 



o! $1,410 per annum each ; one engineer, at the rate of «1 .200 per annum ; three 
Bremen, at the rate of S800 per annum each; two concluctors o( elevatorK, at 
the rate of $800 per annum each; one watchman, at the rate of $'J00 per annum; 
ten additional messengers, at the rate of $7-'0 per annum each ; one attend;mt 
in ladies' retiring room, Senate wing of the Capitol, at the rate of 1720 per 
annum; said employes to be paid from the miscellaneous items of the con- 
tingent fund of the Senate. 

Mr. COCKRELL. Has that resolution been referred to any 
committee? 

The VICE-PRESIDENT. It has been referred and reported 
back. 

Mr. MANDERSON. The resolution was referred originally 
to the Committee on Rules, and I may say in the absence of the 
chairman of that committee that it received their careful con- 
sideration. The committee went to the piece of property which 
has been acquired by the Senate, in which are several committee 
rooms and in which many Senators have thoir working rooms, 
and after very careful consideration decided that this is the least 
force with which it would be possible to take care of that prop- 
erty during the session of the Senate. The resolution has also, 
under the rules, been referred to the Committee to Audit and 
Control the Contingent Expenses of the Senate, and has received 
their consideration and approval. It applies during the session 
of Congress, and it has seemed, to the Committee on Rules at 
least, that this is a necessary force to attend to the absolute needs 
of the Senate. 

Mr. PLATT. This resolution was reported by the acting 
chairman of the Committee on Contingent Expenses of the Senate, 
Mr. Paddock, who is now absent on a sad duty by the direction 
of the Senate. When it came up I asked that it lie over in order 
that I might look at it, feeling that I dislike very much to add to 
the official force of the Senate. When I came to see what the 
resolution is and where the employes are to serve, I discovered 
that if we are to utilize the Maltby House for the use of the Senate 
it is necessary to have these ofhcers. I am very sorry that we 
ever bought the Maltby House. I was opposed to it myself at the 
time it was bought; but we have it, and there are committee 
rooms there, and I feel constrained, on the ground of necessity, 
to withdraw any objection that I made to the resolution. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolution. 

The resolution was agreed to. 

SCHOONER NANCY— FRENCH SPOLIATION CLAIM. 

The VICE-PRESIDENT laid before the Senate a communica- 
tion from the clerk of the Court of Claims, transmitting the 
conclusions of fact and law filed by the court under the act of 
January 20, 1885, in the French spoliation claim in the matter of 
the schooner Nancy, Nathaniel Lincoln, master; which was read. 

The VICE-PRESIDENT. To what committee shall the com- 
munication be referred? 

Mr. COCKRELL. There have been several reports from the 
Court of Claims in regard to those French spoliation claims, and 
I believe they have been referred to the Committee on Appro- 
priations. I think they should properly go to the Committee on 
Claims. 

Mr. HALE. What are those? 

Mr. COCKRELL. The findings of the Court of Claims on 
French spoliation claims. I think they properly ought to go to 
the Committee on Claims. 

M r. HALE. They have always been treated on the deficiency 
appropriation bill as coming direct from the court, and have 
been incorporated in the deficiency appropriation bill by vote of 
the Senate at least half a dozen times. 

Mr. SHERMAN. If the Senator will allow me, I introduced 
the bill providing for the enlargement of the old law and for the 
extension of the time for the filing of claims. I think the com- 
mtmication clearly ought to go to the Committee on Claims. 

Mr. HALE. If this report has nothing more in it than adjudi- 
cated claims, it ought to go to the Committee on Appropriations, 
which has always considered them; but it ought to go to the other 
committee if it relates to a matter that is to receive legislation. 

Mr. SHERMAN. Let the report be again read. 

Mr. COCKRELL. I will state that it is a report from the 
Court of Claims on one of the many claims presented under the 
original law referring claims. If this is to be the rule, if a claim 
which has been referred to the Court of Claims to find the facts 
and report them is to go the Appropriations Co&mittee, then 
every claim that is referred there from the Committee onr Military 
Affairs, the Committee on Claims, or any other committee, where 
the court finds that a certain amount is due, must also go to the 
Appropriations Committee, and thatcommittee will be the dump- 
ing ground for all claims which have been referred to the Court 
of Claims. This should go to the Committee on Claims. If they 
choose subsequently to have it referred to the Committee on Ap- 
propriations, it will then bo properly before that committee, but 
the Committiee on Appropriations ought not to be the reservoir 



for the reference of all claims which have gone to the Court ol 
Claims in which a finding of fact has been made. 

Mr. HALE. There is nothing new in this being sent to the 
Committee on Appropriations. The Committee on Claims had 
its jurisdiction originally in the matter and framed the legisla- 
tion that was adopted by Congress, under which all these claims 
were sent to the Court of Claims, and from that time the Com- 
mittee on Claims has asserted no jurisdiction whatever over the 
question of appropriation. 

The court here certifies its judgment as it does in other cases, 
and it is the habit of the Committee on Appropriations, when it 
reaches the deficiency apjn-opriationbill, to take up, put in order, 
arrange, and provide the money to carry out the judgments. The 
Committee on Claims has nothing further to do with these cases 
because they have been referred to the court under previous legis- 
lation and have been adjudicated by the court. It is simjily a 
question whether the money shall be appropriated. 

Mr. MITCHELL. May I ask the Senator a question? 

Mr. HALE. Certainly. 

Mr. MITCHELL. Does the Senator from Maine understand 
that the findings in these cases of the Court of Claims are con- 
clusive? 

Mr. HALE. Undoubtedly. That whole matter was fought 
out in the last Congress, and Congress adopted that view by ap- 
propriating to pay the claims so far as then presented. 

Mr. DAWES. I should like to ask the Senator if this is a 
very different case from the references under what is called the 
Bowman act? 

Mr. HALE. Entirely different. 

Mr. MITCHELL. Is it not the same kind of case? 

Mr. HALE. It is not, and has never been so considered. 

Mr. DAWES. I inquire whether there was not special juris- 
diction conferred by a special act of Congress upon the Court of 
Claims to decide upon the merits of these claims? 

Mr. HALE. I have just stated that, Mr. President. 

Mr. DAWES. I think the course prescribed has been fol- 
lowed. 

Mr. HALE. It has been followed, and in the last Congress 
the whole matter was considered by both branches of the Na- 
tional Legislature, and the policy of paying these claims as they 
were certified by the court was adopted by that Congress, and on 
the deficiency bill was an appropriation of several hundred 
thousand dollars. So the controversy was considered, I sup- 
posed, as ended. The Court of Claims from time to time con- 
sider these cases and decide upon their validity, as the original 
act reported from the Committee on Claims provided that they 
should do. The only question now is the appropriation of the 
money. I do not see why these cases should not take the course 
that they have taken invariably heretofore and go to the Com- 
mittee on Appropriations. 

Jlr. MITCHELL. Of course the Committee on Claims is not 
very anxious to have jurisdiction of these cases, but I fail to see 
the difference between this claim and the class of claims which 
go to the Court of Claims under what is known as the Bowman 
act. It has been the universal practice of the Senate to have the 
cases which have been referred to the Court of Claims under the 
Bowman act and certified back referred to the Committee on 
Claims for investigation. 

Mr. COCKRELL. That has been the universal rule. 

Mr. MITCHELL. And the records of that committee wiU 
show that in a great number of cases the committee, and the Sen- 
ate following the action of the committee, have failed to adopt 
the conclusions of the Court of Claims under the Bowman act. 

Mr. HALE. Let me ask the Senator whether, since the orig- 
inal special act passed by Congress, the Committee on Claims has 
ever had any of these cases sent to it? Have they not all invari- 
ably gone to the Committee on Appropriations? 

Mr. COCKRELL. No; I say not. 

Mr. MITCHELL. Oh, no. 

Mr. COCKRELL. The records will show, if the Senator from 
Maine will permit me, for I know he wants to bo accurate, that 
for a long time such cases went to the Committee on Claims. 

Mr. HALE. Not after the court began to report its findings 
to Congress. 

Mr. COCKRELL. Yes; after the court began to make and re- 
port its findings. That is my understanding, and I think the 
record will show it. 

Mr. HALE. If that was done, itwas done by accident in some 
particular cases, and they were sent at once by the Committee on 
Claims to the Committee on Appropriations, because the C3om- 
mittee on Appropriations have always considered them. 

The VICE-PRESIDENT. What disposition shall be made of 
the communication? 

Mr. ALLISON. Before this question passes from the consid- 
eration of the Senate I desire to say that whUe I have no par- 
ticular objection to this special matter going to the Committee 



94 



CONGRESSIONAL RECORD— SENATE. 



Decejibee 22, 



on Appropriations, I wish to call the attention of the Committee 
on Claims or the Committee on the Judiciary t-o the imperfect 
condition of the legislation respecting these claims. These claims 
have been sent, I think, for two or three years at least, to the 
Committee on Appropriations. 

Mr. COCKBELL. That is true. They have been sent there 
ever since the Committee on Appropriations took jurisdiction 
and put them on the deficiency appropriation bill. 

]\Ir. ALLISON. Very well. We have given consideration to 
these claims, have rejected a number of them, and not appropriated 
money for them, and conspicuously so in the cases of these old 
insurance companies. Under the original act, which I have been 
trying to lay my hand on, but can not for the moment, the Court 
of Claims are not requii'ed to state whether or not these claims 
should be paid. They simply state the facts and the law respect- 
ing them. I do not believe, for one, that the Government of the 
United States is under any obligation to pay these insurance 
claims; and in reporting the claims last year the committee ex- 
cluded every claim of that character, as I think they should ex- 
clude some other claims that are reported year by year from the 
Court of Claims. I think, therefore, it would be wise for the 
Committee on the Judiciary or some other committee of this body 
to examine these claims and the law respecting them as well as 
the reports or the findings of the court in regard to them in order 
that they may be sifted in some way, as surely we ai'e not bound 
under that law to pass upon and appropriate money for every 
claim that may be reported here by the Court of Claims. 

I desire to say this much in respect to these claims, because I 
do not wish to consider myself bound as one member of the Com- 
mittee on Appropriations to appropriate money to pay these 
claims simply because they have been adjudicated by the Court 
of Claims. 

Mr. MITCHELL. I agree entirely with what the chaii-man 
of the Committee on Appropriations has said. I think this is 
nothing more nor less than a claim, coming here certified by the 
Court of Claims under a law authorizing that court to file and 
certify as to certain amounts. There is nothing- at all in that 
certification which carries with it any conclusiveness in regard 
to the duty of Congress to make an appropriation. 

It seems to me that it belongs to precisely the same class of 
claims as those which are referred to that court under the Bow- 
man act; and when they come back here from the Court of Claims 
they come simply as claims, not for an appropriation as a matter 
of course, but for consideration by some appropriate committee 
for the purpose of ascertaining whether in view of all that has 
been done and all the facts surrounding the case the claim ought 
or ought not to be paid. That being so, it seems to me that the 
Committee on Claims is the proper committ-ee to take jurisdic- 
tion of the case and investigate and report upon it. 

This is all I desire to say. I simply wish the practice of the 
Senate to be settled properly. 

Mr. COCKRELL. I want to call attention to the a«t of Janu- 
ary 20, 1885, referring the French spoliation claims to the Court 
of Claims: 

Sec. fi. That on tlie first Monflay of Deoember in each year the court shall 
report to Congress, for final action, the facts found by it, and its conclusions 
in all cases which it has disposed of and not previously reported. Such find- 
ing and report of the court shall he taken to he merely advisory as to the 
law and facts found, and shall not conclude either the claimant or Congress; 
and all claims not finally presented to said coiu"t within the period of two 
years limited by this act shall be forever barred; and nothing in this act 
shall be construed as committing the United States to the payment of any 
such claims. 

As I said, these claims, I think, were referred to the Committee 
on Claims and they were there considered, and nobody pre- 
tended to claim that such a finding was a judgment of the Court 
of Claims. It is farcical to make such a claim under that law. 
It is no judgment; it is simply what the law authorized to h 
finding. The claims were referred to the Committee on CIot ^ 
and my recollection is that the Committee on Claims once or 
twice favorably reported some of the claims and recommended 
that they be put on an aispropriation bill, and they were put on 
a deficiency appropriation bill. There was a contest here for 
years between the Senate and the other House as to whether they 
should be paid, and finally a portion of them was paid at the last 
session on a deficiency appropriation bill; and the Committee on 
Claims had to pass upon which claims should be paid, and that 
committee excluded a considerable portion of them. 

Now, is it fair that the Committee on Appropriations shall be 
turned into that kind of an investigating committee to determine 
which one of these claims ought to be paid? Why, Mr. Presi- 
dent, we hear Senators all through the session complaining of 
the absorption of all the business of the Senate by the Committee 
on Appropriations, and now Senators are trying to force into 
that committee the consideration of nearly all the private claims 
that will come before tis. 

This is no more a judgment than is afinding under the Bowman 



law, so called. It has no more force and efl'ect. It is a finding of 
the facts and the amounts, and that is all it is, and they all go to 
the Committee on Claims. The Committee on Claims ought to 
take jurisdiction of these claims and it ought to determine what 
classes of them shall be paid. Then it is competent for the Com- 
mittee on Claims to report either for the passage of a special bill, 
as they do under the Bowman act and as they did under the old 
4th of July claims law, or to report and refer to the Committee 
on Appropriations an amendment to some appropriation hill. 
Under the rules of the Senate that might bring it \vithin the ju- 
risdiction of the Committee on Appropriations, and that is all that 
in my judgment will so bring it. It is a dangerous precedent to 
refer this claim to the Committee on Appropriations. We might 
as well now start out right in referring these claims to the proper 
committee and let that committee take jurisdiction of them and 
determine which of them shall be paid and which shall not be 
paid. 

I for one protest against these claims going to the Committee 
on Appropriations. Let them go to the Committee on Claims. 

The VICE-PRESIDENT. What reference shall be made of 
the communication? It will be referred to the Committee on 
Claims if there be no objection. The Chair hears none. 

Mr. HALE subsequently said : What was done with the com- 
munication relating to a Fi-ench spoliation claim? 

The VICE-PRESTDENT. It wa referred to the Committee on 
Claims. The Chair announced that it would be referred to that 
committee in the absence of objection, and he heai-d no objection. 

Mr. HALE. I did not hoar the Chair. I was only going to 
say that the Senator from Maryland [Mr. Gorman] intoi-ms me 
that at the last session the Committee on Claims considered a por- 
tion of these claims and reported u_id referred them to the Com- 
mittee on Appropriations, and on that information I shall make 
no f tu-ther objection. 

PAY OF EMPLiOYifeS. 

The VICE-PRESIDENT. The Chair lays before the Senate a 
joint resolution from the House of Representatives. 

The joint resolution (H. Res. 1) to pay the officers and employes 
of the Senate and House of Representatives their respective sal- 
aries for the month of December, 1891 , on the 24th day of said month 
was read the first time by its title. 

Mr. ALLISON. I ask unanimous consent that the joint reso- 
lution may be passed now by the Senate. It is the usual resolu- 
tion for the pay of the employes of the two bodies just before the 
holidays. 

There being no objection, the joint resolution was read the 
second time at length, and considered as in Committee of the 
Whole. 

The joint resolution was reported to the Senate withoutamend- 
ment. ordered to a third reading, read the third time, and passed. 

HOLIDAY RECESS. 

The VICE-PRESIDENT laid before the Senate the following 
concurrent resolution of the House of Representatives; which 

was read: 

Eesolvfd by the House of ReprmentativeR {the Senate concurring). That when 
the two Houses adjom-n ou \VLHlnesday, the 33d day of December. 1891. they 
stand adjourned imtil Tuesday. Jauuai-y 5, 1893. 

Ml'. ALLISON. I ask that that resolution may now be con- 
curred in. 

The VICE-PRESIDENT. Is there objection? The Chair 
hears none, and the resolution is before the Senate. The ques- 
tion is on agreeing to the resolution. 

The resolution was agreed to. 

EXECUTIVE SESSION. 

Mr. CULLOM. I move that the Senate proceed to the con- 
sideration of executive business. 

The motion was agreed to: and the Senate proceeded to the 

[nsideration of executive business. After eight minutes spent 
m e5f<aeiitive session the doors were reopened. 

DEATH OF REPRESENT ATIAT; FORD. 

Mr. McMillan. I ask that the resolutions of the House of 
Representatives relative to the death of my late colleague in that 
House, Hon. Melbourne H. Ford, be laid before the Senate. 

The VICE-PRESIDENT. The Chair lays before the Senate 
the resolutions of the House of Representatives, which will be 
read . 

The Secretary read as follows: 

Whereas the House has heard with profound sorrow of the death of Hon. 
Melbourne H. Ford, late a Representative from the State of Michigan: 
Therefore, 

Resolved. That as a mark of respect to his memory the House do now ad- 
.ioum. 

Eesolred. That the Clerk be directed to communicate this action to tJie 
Senate. 

Mr. McMillan. Mr. President, I offer the resolutions which 
I send to the desk and ask for their adoption. I give notice thai 



1891. 



CONGRESSIONAL RECORD— SENATE. 



95 



I shall on some suitable occasion in the future ask the Senate to 
pause in its business to pay fitting tribute to the life and public 
services of my lato colleague. 

The VICE-PRESIDENT. The resolutions submitted by the 
Senator from Michigan will be read. 

The Secretary read the resolutions, as follows: 

Jiesolved That the Senate has heard with deep sensibility the announce- 
ment of the death of Hon. Melbourne H. Ford, late a Kepreseutative from 
the State of Michigan. ,, ...... ii , 

Resolved, That the Secretary commumcate this resolution to the House of 
Representatives. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolutions. 

The resolutions were agreed to unanimously. 

Jilr. McI\IILLAN. As a further mark of respect to the mem- 
ory of the deceased, I move that the Senate do now adjourn. 

The motion was agreed to; and (at 1 o'clock and 17 minutes p. 
m.) the Senate adjourned until to-morrow, Wednesday, Decem- 
ber 23, 1891, at 12 o'clock meridian. 



NOMINATIONS. 
Executive nominations received hythe Senate December SS, 1S91. 

KECETl^ER OP PUBLIC MONEYS. 

John H. Lott, of Buffalo, Wyo., to be receiver of public moneys 
at Buffalo, Wyo., vice Alexander C. Coble, resigned. 

PROMOTIONS IN THE NAVY. 

Passed Assistant Surg. Robert Whiting, to be a surgeon in the 
Navy, from the 15th December, 1891, vice Surg. M. L. Ruth, de- 
ceased. 

Lieut. ( jimior grade) Henry Minett, to be a lieutenant in the 
Navy, from the 11th December, 1891, vice Lieut. Charles M. Mc- 
Cartney, retired. 

Ensign Daniel P. Menefee, to be a lieutenant, jimior grade, in 
the Navy, from the 11th December, 1891, vice Lieut, (junior 
grade) Henry Minett, promoted. 

POSTMASTERS. 

Thomas H. Miller, to be postmaster at Tuscaloosa, in the county 
of Tuscaloosa and State of Alabama,in the place of William Miller, 
deceased. 

Ellen L. Bailhache, to be postmaster at Martinez, in the county 
of Contra Costa and State of California, in the place of Morgan 
H. Bailhache, deceased. 

Henry V. Van Dusen, to be postmaster at Los Angeles, in the 
coimty of Los Angeles and State of California, in the place of 
John W. Green, deceased. 

Miss Flora Everhart, to be postmaster at Colorado City, in the 
county of El Paso and State of Colorado, in the place of James 
A. Cochran, resigned. 

Mrs. Martha Brown, to be postmaster at Fort Valley, in the 
county of Houston and State of Gleorgia, the appointment of a 
postmaster for the said ofBce having, by law, become vested in 
the President from and after October 1, 1891. 

George B. Allison, to be postmaster at Chester, in the county 
of Randolph and State of Illinois, in the place of Harvey W. 
Roberts, whose commission expires December 22, 1891. 

Ionia B. Bomar, to be postmaster at Metropolis City, in the 
county of Massac and State of Illinois, in the place of Norman J. 
Slack, deceased, Ionia B. Slack, who was appointed July 13, 1891, 
and commissioned, having since changed her name by marriage. 

George L. Booth, to be postmaster at Barry, in the county of 
Pike and State of Illinois, in the place of WUliam F. White, 
whose commission expired December 22, 1891. 

William H. Phipps, to be postmaster at Carmi, in the county 
of White and State of Illinois, in the place of Elam L. Stewart, 
whose commission expired December 21, 1891. 

Harrison M. Pursell, to be postmaster at Pinckneyville, in the 
county of Perry and State of Illinois, the appointment of a post- 
master for the said office having, by law, become vested in the 
President from and after October 1, 1891. 

George H. Sewall, to be postmaster at Virden, in the coimty of 
Macoupin and State of Illinois, in the place of Walter Kirkpatrick, 
whose commission expired December 20, 1891. « 

Benjamin P. Shaw, to be postmaster at Dixon, in the county of 
Lee and State of Illinois, in the place of James B. Charters, whoso 
commission expired December 20, 1891. 

John W. Sims, to be postmaster at Mound City, in the county 
of Pulaski and State of Illinois, who was commissioned during 
the recess of the Senate, November 21, 1891, in the place of James 
H. Weaver, resigned. 

Thomas T. Anderson, to be postmaster at Indianola, in the 
county of Warren and State of Iowa, in the place of Suel J. 
Spaul'ding, whose commission expired December 20, 1891. 

David C. Mott, to be postmaster at What Cheer, in the county 



of Keokuk and State of Iowa, in the place of John A. Riggen, re- 
signed. 

William H. Morrill, to be postmaster at Salem, in the county 
of Essex and State of Massachusetts, who was commissioned dur- 
ing the recess of the Senate, November 28, 1891, in the place of 
J. Francis Dalton, resigned. 

Seth D. McNeal, to be postmaster at Jonesvllle, in the coimty 
of Hillsdale and State of Michigan, in the place of Maria L. Hew- 
lett, whose commission expired December 20, 1891 . 

Arthur W. Dampier, to be postmaster at Northfield, in the 
county of Rice and State of Minnesota, in the place of John E. 
Kennedy, whose commission expired December 21, 1891. 

Daniel Arms, to be postmaster at Granite, in the county of 
Deer Lodge and State of Montana, in the place of Thomas Tre- 
vaille, resigned. 

Rasselas Boyd, to be postmaster at Kosciusko, in the county of 
Attala and State of Mississippi, in the place of James W. White, 
whose commission expired December 20, 1891. 

Homer C. Powers, to be postmaster at Starkville, in the county 
of Oktibbeha and State of Mississippi, in the place of William J. 
Rousseau, whose commission expired December 20, 1891. 

Wallace E. Woodworth, to be postmaster at Lakeport, in the 
county of Belknap and State of New Hampshire, in the place of 
True E. Prescott, removed. W. E. Woodworth was appointed 
postmaster at "Lake Village" May 28, 1891, and commissioned, 
but the name of the office has since been changed to ''Lakeport.'' 

Robert Carson, to be postmaster at New Brunswick, in the 
county of Middlesex and State of New Jersey, in the place of 
William H. Price, whose commission expired December 20, 1891. 

James P. Byron, to be postmaster at Deming, in the county of 
Grant and Territory of New Mexico, in the place of Sarah Hodg- 
don, whose commission expires January 23, 1892. 

John W. Bartram, to be postmaster at Wappinger's Falls, in 
the coimty of Dutchess and State of New York, in the place of 
William K. Roy, whose commission expired December 21, 1891. 

Mrs. Eunice J. Eastman, to be postmaster at Potsdam, in the 
county of St. Lawrence and State of New York, in the place of 
George L. Eastman, deceased. 

Robert J. Hock, to be postmaster at Goshen, in the county of 
Orange and State of New York, in the place of Andrew J. Moore, 
whose commission expired December 21, 1891. 

Edgar Hoyt, to be postmaster at Katonah, in the county of 
Westchester and State of New York, in the place of Samuel O. 
Arnold, whose commission expired December 21, 1891. 

John F. Jenkins, to be postmaster at Sing Sing, in the county 
of Westchester and State of New York, in the place of Edwin A. 
McAlpin, resigned. 

Francis J. Menzies, to be postmaster at Westchester, in the 
county of Westchester and State of New York, in the place of 
Augustus M. Field, whose commission expired December 21, 
1891. 

Louis G. Rathbun, to be postmaster at Ehnira, in the county of 
Chemung and State of New York, in the place of Henry Flood, 
removed. 

OrvUle C. Robinson, to be postmaster at Fort Edward, in the 
county of Washington and State of New York, in the place of 
Benjamin M. Tasker, whose commission expired December 21, 
1891. 

Orange Sackett, to be postmaster at Avon, in the county of 
Livingston and State of New York, in the place of Seward F. 
Gould, whose commission expired December 21, 1891. 

George H. Scott, to be postmaster at Coxsackie, in the county 
of Greene and State of New York, in the place of Hiram Bo- 
gardus, resigned. 

Joseph A. Sneed, to be postmaster at Newburg, in the county 
of Orange and State of New York, in the place of William R. 
Brown, resigned; WUliam G. Taggart, who was appointed by 
the President April 2, 1891, and commissioned, but not nominated 
to the Senate, having resigned. 

Newton M. Wardwell. to be postmaster at Adams, in the county 
of Jefferson and State of New York, in the place of Albert J. 
Lovelee, whose commission expired December 21, 1891. 

Edward K. Fiester. to lie postmaster at Jersey Shore, in the 
county of Lvcoming and State of Pennsylvania, in the place of 
Charles H. Pott, whose commission expired December 21, 1891. 

Willis A. Mitchell, to be postmaster at Warren, in the county 
of Warren and State of Pennsylvania, in the place of Robert A. 
Love, resigned. 

Charles H. Ruthrauff. to be postmaster at Greencastle, m the 
county of Franklin and State of Pennsylvania, intheplaceof John 
Goetz, whoso commission expired December 21, 1891. 

Andrew G. White, to be postmaster at Beaver, in the county 
of Beaver and State of Pennsylvania, in the place of Daniel M. 
Donehoo, whose commission expired December 21, 1891. 

WiUiam H. Catts, to be postmaster at Granbury, m the county 
of Hood and State of Texas, the appointment of a postmaster for 



96 



CONGRESSIONAL EEOORD— SENATE. 



December 22, 



the said office having, by law, become vested in the President 
from and after October 1, 1891. . 

Albert Enderle, to be postmaster at Kerrvillo, m the county 
of Kerr and State of Texas, the appointment of a postmaster for 
the said office having, by law, become vested m the President 
from and after July 1, 1891. ' , . . i., * 

Lee N McCaughan, to be postmaster at Rockport, in the county 
of Aransas and State of Texas, the appointment of a postmaster 
for the said office having, by law, become vested m the i resi- 
dent from and after October 1, 1891. L. N. McCaughan was com- 
missioned as postmaster at "Ai'ansas Pass," but the name of the 
office has since been changed to "Rockport." 

Francis O. Coe, to be postmaster at Snohomish, in the county of 
Snohomish and State of Washington, in the place of James G. 

Swafford, resigned. ^^ .rrr, ^ • *i 

Converse G. Cole, to be postmaster at New Whatcom, in the 
county of Whatcom and State of Washington, in the place of 
David C. Jenkins, resigned, the name of the office at Whatcom 
having been changed to " New Whatcom." , . ,^ 

George W Olney , to be postmaster at South Bend, in the county 
of Pacific and State of Washington, the appointment of a, post- 
master for the said office having, by law, become vested m the 
President from and after October 1, 1891. . . ^ ^, . . ,, 

Edward Whaley, to be postmaster at Prairie du Chien, in Uie 
county of Crawford and State of Wisconsin, in the place of Ed- 
ward Whaley, whoso commission expired December ZU, 1891. 

Isaac C. Wynn, to be postmaster at Lander, in the county of 
Fremont and State of Wyoming, the appointment of a postmaster 
for the said office having, by law, become vested in the President 
from and after October 1, 1891. 

■ CONFIRMATIONS. 
Exicutive nomination confirmed hy the Senate Deceniber 17, 1S91. 

CORWUSSIONER OF PATENTS. 

William E. Simonds, of Canton, Conn., to be Commissioner of 



Patents. 

Promotions in the Akmy. 

To he hriyadier-general. 

Col. August V. Kautz, Eighth Infantry. 

QUARTERMASTEK'S DEPARTMENT. 

To he assistant quartermasters toith the rank of captain. 
First Lieut. Constantino Chase, regimental quartermaster, 
Third Artillery. . ^ .,, ^ , 

First Lieut. WUliam W. Robinson, jr., Seventh Cavalry. 
First Lieut. Charles B. Thompson, Fifth Infantry. 
First Lieut. Medad C. Martin, regimental adjutant, Twenty- 
second Infantry. 

ORDNANCE DEPARTMENT. 

Second Lieut. Fremont P. Peck, First Artillery, to be first 
lieutenant. 

MEDICAL DEPARTMENT. 

Capt. Paul R. Brown, assistant surgeon, to be surgeon with 
the rank of major. 

CAVALRY ARM. 
First Lieut. Ernest A. Garlington, Seventh Cavalry, to be cap- 
tain of cavalry. „., , ^ , ^ X. a i 
Second Lieut. John M. Carson, jr.. Fifth Cavalry, to be first 
lieutenant of cavalry. 

INFANTRY ARM. 

Lieut. Col. Horace Jewett, Third Infantry, to be colonel of in- 

'*Maf .' Edward Moale, First Infantry, to be lieutenantrcolonel of 

infanti-y. , , , . . 

Capt. Charles Bentzoni, Twenty-fifth Infantry, to be major of 

Infantry. , ^ , , ^ , 

First Lieut. Edward L. Bailey, Fourth Infantry, to be captain 

of infantry. , „ , ^,i, t ^ i. 

First Lieut. RobertH. R. Loughborough, Twenty-fifth Infantry, 

to be captain of infantry. -r , , . i ,- ^ 

Second Lieut. Everett E. Benjamin, First Infantry, to be first 
lieutenant of infantry. „. , / „ t , ^ * u 

Second Lieut. William J. Pardee, Eighteenth Infantry, to be 
first lieutenant of infantry. 

QUARTERMASTER'S DEPARTMENT. 
Capt. James M. Marshall, assistant quartermaster, to be quar- 
termaster with the rank of major. 

MEDICAL DEPARTMENT. 

Lieut. Col. Charles T. Alexander, surgeon, to be chief medical 
purveyor with the rank of colonel. 

Maj.William H. Forwood, surgeon, to be surgeon with the rank 
of lieutenant-colonel. 



Maj. Ely McClellan, surgeon, to be surgeon with the rank of 
lieutenant-colonel. . 

Capt. John Van R. Hoff, assistant surgeon, to be surgeon with 
the rank of major. 

Capt. George W. Adair, assistant surgeon, to be surgeon with 
the rank of major. 

ORDNANCE DEPARTMENT. 

Capt. Almon L. Varney, to be major. 

First Lieut. William B. Gordon, to be captain. 

CAVALRY ARM. 

To he colonels. 
Lieut. Col. George G. Huntt, Tenth Cavalry. 
Lieut. Col. James Biddle, Fifth Cavalry. 

To he lieutenant-colonels. 
Maj. David Perry, Sixth Cavalry. 
Maj. Henry E. Noyes, Fourth Cavalry. 

To be majors. 
Capt. Robert H. Montgomery, Fifth Cavalry. 
Capt. Edmond G. Fech^t, Eighth Cavalry. 
Capt. Almond B. Wells, Eighth Cavali-y- 

To hz captains. 
First Lieut. Charles H. Watts, regimental adjutant, Fifth Cav- 
alry. 
First Lieut. Frank A. Edwards. First Cavalry. 
First Lieut. Fred Wheeler, Fourth Cavalry. 
First Lieut. Eugene A. Ellis, Eighth Cavalry. 
First Lieut. John Guest, Eighth Cavalry. 
First Lieut. Matthias W. Day, Ninth Cavalry. , . ^ . 

First Lieut. James R. Richards, jr., regimental adjutant, 
Fourth Cavalry. 
First Lieut. James O. Mackay, Third Cavalry. 
First Lieut. WalterL. Finley, regimental adjutant, Ninth Cav- 

Fi'rst Lieut. George L. Scott, Sixth Cavalry. 
First Lieut. Henry P. Kendall, Eighth Cavalry. 

To he first lieutenants. 
Second Lieut. Godfrey H. Macdonald, First Cavalry. 
Second Lieut. Matthew F. Steele, Eighth Cavalry. 
Second Lieut. George H. Cameron, Seventh Cavalry. 
Second Lieut. Robert D.Walsh, Fourth Cavalry. 
Second Lieut. George W. Road, Fifth Cavalry. 
Second Lieut. James A. Cole, Sixth Cavalry. 
Second Lieut. De Rosey C. Cabell, Eighth Cavalry. 
Second Lieut. Farrand Sayre, Eighth Cavalry. 
Second Lieut. Hugh S. Gallagher, Sixth Cavalry. 
Second Lieut. Grote Hutcheson, Ninth Cavalry. 
Second Liei ■. George O. Cress, Seventh Cavalry. 
Second Lieut. Ernest S. Robms, Third Cavalry. 
Second Lieut. John B. Bellinger, Fifth Cavalry. 
Second Lieut. John T. Knight, Third Cavalry. 
Second Lieut. James B. Hughes, Tenth Caralry. 
Second Lieut. Powhatan H. Clarke, Tenth Cavalry- 
Second Lieut. Gonzalez S. Bingham, Ninth Cavalry. 
Second Lieut. William D. McAnaney, Ninth Cavalry. 
Second Lieut. Richard B. Paddock, Sixth Cavalry. 
Second Lieut. Robert A.Brown, Fourth Cavalry. 



ARTILLERY ARM. 

To he colo7ieh. 
Lieut. Col. La Rhett L. Livingston, Third Artillery. 
Lieut. Col. William M. Graham, Fifth Artillery. 

To he lieutenant-colonels. 
Maj. Edmund C. Bainbridge, Third Artillery. 
Maj. Francis L. Guenther, Second Artillery. 

To 5e majors. 
( 'apt Frank B. Hamilton (since deceased), Second Artillery. 
Cant William McK. Dunn (since deceased), Second Artillery 
Capt. Joseph B. Campbell (since deceased). Fourth Artillery 
Capt. Frank G. Smith, Fourth Artillery. 
Capt. Joseph G. Ramsay, Second Artillery. 

To be captains. 
First Lieut. Frank Thorp, Fifth Artillery. 
First Lieut. Louis V. Caziarc, Second ArtUlery. 
First Lieut. Robert U. Rogers, Second Artillery. 
First Lieut. Walter Howe, Fourth Artillery. 
First Lieut. Peter Leary, jr.. Fourth Artillery. 
First Lieut. Ephraim T. C. Richmond, Second Artillery. 

To he first lieutenants. 
Second Lieut. Ira A. Haynes, Third Artillery. 
Second Lieut. Willoughby Walke, Second Artillery. 



1891. 



CONGRESSIONAL EECOED— SENATE. 



101 



He also introclueed a bUl (S. 1222) to protect the wages of sea- 
men; which was read twice by its title, andrefei-red to the Com- 
mittee on Commerce. 

He also introduced a bill (S. 1223) to amend section 41o3, Re- 
vised Statutes, defining register tonnage, to provide for the 
supervision of vessel measurement, and to insure accuracy in 
the computation of tonnage; which was read twice by its title, 
and referred to the Committee on Commerce. 

He also introduced a bill (S. 1224) to amend the law relative 
to the shipment, payment, and discharge of seamen; which was 
read twice by its title, and referred to the Committee on Com- 
merce. , , . , 

He also introduced a bill (S. 122.5) to regulate the changing of 
the names of vessels; which was read twice by its title, and re- 
ferred to the Committee on Commerce. 

He also introduced a bill (S. 1226) to increase the safety of life 
and property on ships at sea by establishing rules for freeboard 
or load marks; which was read twice by its title. 

Mr. PRYE. This last bill is an exceedingly important one, 
and I hope that the boards of trade, maritime associations, ship- 
owners, and shipbuilders will send to the Committee on Com- 
merce any criticisms they may have to make in relation to it. 

The PRESIDENT pro tempore. The bill will be referred to 
the Committee on Commerce. 

Mr. HARRIS (by request) introduced a bill (S. 1227) author- 
izing the Postmaster-General to adopt devices for canceling post- 
age stamps, stamped envelopes, stamped wrappers, and postal 
cards, to prevent peculations and fraud; which was read twice 
by its title, and referred to the Committee on Post-Offices and 
Post-Roads. 

Mr. GIBSON of Louisiana introduced a bill (S. 1228) for the 
improvement of the harbor of the city of Now Orleans, La., with 
an appropriation therefor; which was read twice by its title, and 
referred to the Committee on Commerce. 

Mr. PROCTOR (by request) introduced a bill (S. 1229) amend- 
ing section 1202 of Revised Statutes of the United States, pro- 
viding for the attendance of witnesses before a court-martial; 
which was read twice by its title, and referred to the Committee 
on Military Affairs. 

He also (by request) introduced a bill (S. 1230) amending the 
act of October 1, 1890, entitled "An act to provide for the exami- 
nation of certain offlcors of the Army and to regulate promotions 
therein;" which was read twice by its title, and refisrred to the 
Committee on Military Affairs. 

He also introduced a bill (S. 1231) for the relief of Charles P. 
Sanborn, St. Albans, Vt.; which was read twice by its title, and 
referred to the Committee on Military Affairs. 

He also introduced a bill (S. 1232) removing charge of desertion 
against Lucius W. Hayford, Worcester, Vt.; which was read 
twice by its title, and referred to the Committee on Militax-y Af- 
fairs. 

He also introduced a bill (S. 1233) to establish a military post 
on the line of railway between Burlington and Highgate, Vt.; 
which was read twice by its title, and referred to the Committee 
on Military Affairs. 

Mr. TELLER introduced a bill (S. 1234) amending an act en- 
titled "An act to accept and ratify the agreement submitted by 
the confederated bands of Ute Indians in Colorado for the sale 
of their reservation in said State, and for other purposes, and to 
make the necessary appropriations for carrying out the same;" 
which was read twice by its title, and referred to the Committee 
on Indian Affairs. 

Mr. HANSBROUGH introduced a bill (S. 1235) to extend the 
free postal delivery system; which was read twice by its title, 
and referred to the Committee on Post-Offices and Postr Roads 



Mr. MCMILLAN introduced a bill (S. 1236) to regulate th g> fgHf' 



practice of medicine in the District of Columbia; which was re{ 
twice by its title, and referred to the Committee on the District 
of Columbia. 

Mr. COCKRELL introduced a bill (S. 1237) for the relief of 
Sarah E. B. Smith; which was read twice by its title, and referred 
to the Committee on Claims. 

He also introduced a bill (S. 1238) granting a pension to Joseph 
K. Boone; which was read twice by its title, and referred to the 
Committee on Pensions. 

He also introduced abill (S. 1239)for the benefit of sundry per- 
sons residing in the vicinity of Jefferson Barracks, 3\Io.; which 
was read twice by its title, and referred to the Committee on Mili- 
tary Affairs. 

Mr. WASHBURN introduced a bill (S. 1240) granting to the 
Minneapolis, St. Paul and Sault St. Marie Railway Company 
right of way across the military reservation at Sault St. Marie; 
which was read twice by its title, and referred to the Committee 
on Military Affairs. 

Ha also introduced a bill (S. 1241)to amend an act entitled "An 
act !-elative to the Minneapolis Industrial Exposition, to be held 



annually in the city of Minneapolis, State of Minnesota,-' approved 
March 3, 1887; which was read twice by its title, and referred to 
the Committee on Commerce. 

He also introduced a bill (S. 1242) granting a pension to Mary 
R. Bacon: which was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. COCKRELL introduced a bill (S. 1243) granting a pen- 
sion to Thomas J. Reid; which was read twice by its title. 

Mr. COCKRELL. In connection with the bill, I desire to sub- 
mit resolutions of Ben Loan Grand Army Post, No. 33, of Kings- 
ton, Caldwell County, Mo., favoring the granting of the pension, 
two affidavits of Dr. N. N. Smyth, and also a letter from the 
Pension Office. I ask that these papers may accompany the bill 
to the Committee on Pensions. 

The PRESIDENT pro tempore. The papers will be referred, 
with the bill, to the Committee on Pensions. 

Mr. HALE introduced a bill (S. 1244) to authorize the owners 
or claimants of the schooner Grace Gower, of Sedgwick, Me., to 
bring a suit against the United States; which was read twice by 
its title, and referred to the Committee on Claims. 

Mr. DAVIS introduced a bill (S. 1245) granting a pension to 
Clarissa M. Gifford; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

He also introduced a bill (S. 1246) to remove the charge of de- 
sertion against Joseph G. Utter; which was read twice by its title, 
and referred to the Committee on Military Affairs. 

AETESIAN AND UNDERFLOW INVESTIGATION. 

Mr. DUBOIS submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

Htsolved. That the Secretary of Afa-ii'ulturo 1«> tlirected to inform the Sen- 
ate of the progress of the artesian and iniderlinw investigation, and of the 
irrit^ation inquiry, as conducted undtr his dhv( lion in the Department of 
Agrictilture. and further to state at what date the tinal reports on the arte- 
sian and underflow investigation will be laid before Congress, as required 
by law. 

REPRINTING OP BILL FOR PROTECTION OF RAILROAD EMPLOYl^S. 

}ilr. CULLOM submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

EfsoUed. That the bill (S. 893) providing for the adoption and use ot a uni- 
form standard automatic car-coupler, and regulating the operation and con- 
trol of freight trains used in interstate commerce, and providing for the 
greater safety of railroad employes, and for other purposes, be reprinted 
for the use of the Senate. 

ENROLLED BILL SIGNED. 

A message from the House of Representatives, by Mr. Towles, 
its Chief Clerk, announced that the Speaker of the House of Rep- 
resentatives had signed the enrolled joint resolution (H. Res. 1) 
to pay the officers and employes of the Senate and House of Rep- 
resentatives their respective salaries for the month of December, 
1891, on the 24th day of said month: and it was thereupon signed 
by the President pro tempore. 

ELECTRIC WIRES IN THE DISTRICT OF COLUMBIA. 

The PRESIDENT jj 1-0 tempore laid before the Senate the follow- 
ing message from the President of the United States; which was 
read, and, with the accompanying report, on motion of Mr. Har- 
ris, referred to the Committee on the District of Columbia, and 
ordered to be printed: 
To the Senate and House of Representatives: 

I transmit herewith the report of the board appointed by me under a clau.se 
in the District ot Columbia appropriation act approved August C, 181K), '• to 
consider the location, arrangement, .and operation ot electric -(Vires in the 
District of Coltunbia," etc., to which the attention ot Congress is respectfully 

""*""• BENJ. HARRISON. 

E.XEcnTivE Mansion, December 23, isai. 



BOARD ON GEOGR.\PUIC NAMES. 



The PRESIDENT pro tojyw)-e laid before the Senate the fol- 
lowing message from the President of the United States; which 
was read, and ordered to be printed, and, with the accompanying 
report, referred to the Committee on Printing: 
To the Senate and Uouse of -Representatives: 

My attention having been called to the necessity ot bringing about a imi- 
form usage and spelling of geographic names in the publications of the Gov- 
ernment, the following executive order was issued on the 4th day of Septem- 
ber, 1890: 

-As it is desirable that uniform us.ago in regard to geogi-.aphlc nomencla- 
tui-e and orthography obtain throughout the E.'cecutive Departmcnlsof the 
Government, and particularly upon the maps and charts issued by the various 
Departments and Bureaus, I lierehv constitute a Board on Geographic Names, 
and designate the following persons, who have heretofore cooperated for a 
similar purpose under the authority of the several Departments, Bureaus, 
and institutions with which they are connected, as members of said Board: 

■■Prof. Thomas C. Mendenhall, United States Coast and Geodetic Survey, 
chairman. 

"Andrew H. Allen. Department of State. 

"Capt. Henry L. Howison. Light-House Board, Treasury Department. 

"Capt. Thomas Tiu^tle, Engineer Corps, War Department. 

"Lieut. Richardson Clover, Hydrographic Office, Navy Department. 

"Plerson H. Bristow, Post-Offlce Department. 



102 



CONGKEISSIONAL RECOllD— HOUSE. 



Decembee 23, 



"0U« T. Mason, Smlilisoniau Institution. 

"Herbert U. Ogden. ITuitfd St.Mtes Coast ana Geodetic Snrrey. 

'Henry Gannett. Unit.-d Stales Geological Snrvey. 

'Marcus Baker, United Stales Geological .Stu-vey. 

'■ To this Boaa-d shall be referred all unsettled questions concei-nlng geo- 
craphic names which arise in the Departments, and the decisions of the Board 
are 'to be accepted by these Departments as the standard authority In such 

matters. ^ » „ ., i. • ^ . 

"Department ofhcers are instructed to afford such assistance as may be 
proper to carry on the work of this Board, 

"The members of this Board shall serve without additional compensation, 
and its organization shall entaU no expense on the Government." 

TJie report of the Board thus constituted has been submitted to me and Is 
herewith transmitted for the Inlonnation of Congress, and with a view to its 
publication in suitable form, It such action is deemed by Congress to be de- 
sirable. 

BENJ. HARBISON. 

ExEcnTiVE Mansion, December S3, 1891. 

EXECUTIVE SESSION. 

Mr. SHERMAN. I move that the Senate proceed to the con- 
sideration of executive business. 

The motion was agreed to ; and the Senate proceeded to the 
consideration of executive business. After thirteen minutes 
spent in executive session the doors were reopened, and (at 12 
o'clock and 40 minutes p. m.) the Senate adjourned ; the adjourn- 
ment, under the concurrent resolution of the two Houses, being 
until Tuesday, January 5, 1892, at 12 o'clock m. 



NOMINATION. 

Executive nomination received by the Senate December S3, ISOl. 

Mark W. Harrington, of Michigan, to be Chief of the Weather 
Bureau in the Department of Agriculture, anew office created by 
act of Congress approved October 1, 1890. Mr. Harrington is now 
serving under a commission issued during the recess of the Senate . 



CONFIRMATIONS. 
Executive nominations C07tfirmcd by the Senate December 2S, 1891. 

ASSISTANT ATTORNEY-GENEKAL. 
Leonard W. Colby, of Nebraska, to be Assistant Attorney-Gen- 
eral of the United States. 

CONSULS. 

Edwin A, Beri-y, of Cedar Keys, Fla. , to be consul of the United 
States at Santos. 

William C. Ti'ipler, to be consul of the United States at Co- 
quimbo, 

LAND COMMISSIONER. 

Ebenezer J. Ormsbee, of Brandon, Vt., to be land commissioner 
in Samoa. 

MEMBER OF THE CONTINENTAL RAILWAY COMMISSION, 

Kichard C. Kerens, of Missouri, to be a member of the Conti- 
nental Railway Commission. 

ENVOYS EXTRAORDINARY AND MINISTERS PLENIPOTENTIARY. 

A. Loudon Snowdon, of Pennsylvania, to be envoy extraordi- 
nary and minister plenipotentiary of the United States to Greece, 
Roumania, and Servia. 

Richard Cutts Shannon, of New York City, N. Y., to be envoy 
extraordinary and minister plenipotentiary of the United States 
to Nicaragua, Costa Rica, and Salvador. 

Romualdo Pacheoo, of California, to be envoy extraordinary 
and minister plenipotentiary of the United States to Guatemala 
and Honduras. 

MINISTER RESIDENT AND CONSUL-GENERAL. 
John S. Durham, of Pennsylvania, formerly consul at Santo 
Domingo, to be minister I'csideut and consul-general of the United 
States to Haiti. 

SECRETARIES OP LEGATION. 

Larz Anderson, of Ohio, to be second secretary of the legation 
of the United States at London. 

Fenton R. McCreery, of Michigan, to be secretary of the lega- 
tion of the United States at Santiago, Chile. 

Jeremiah Coughlin, of New York City, N. Y., to be secretary 
of the legation and consul-general of the United States at Bogota. 

POSTMASTERS. 

William H. Merrill, to be postmaster at Salem, in the county 
of Essex and State of Massachusetts. 

Miss Flora Everhart. to be postmaster at Colorado Citj-, in the 
county of El Paso and State of Colorado. 

Homer C. Powers, to be postmaster at Starkville, in the county 
of Oktibbeha and State of Mississippi. 

Rasselas Boyd, to be postmaster at Kosciusko, in the county 
of Attala and State of Mississippi. 

Thomas H, Miller, to be postmaster at Tuscaloosa, in the county 
of Tuscaloosa and State of Alabama. 



Nathaniel K. Beardslee, to be postmaster at El Dorado Springs, 
in the county of Cedar and State of Missouri. 

Lee N. MeCaughan, to be postmaster atRockport, in the county 
of Aransas and State of Texas. 

Altert Endeile, to be postmaster at Kerrville, in the county of 
Kerr and State of Texas. 

Margaret A. Campbell, to be postmaster at Lees Summit, in the 
county of Jackson and State of Missouri. 

Lauriston H. Condit, to be postmaster at Canton, inthecouht,v 
of Lewis and State of Missouri. 

Lewis W. Barton, to be postmaster at California, in the county 
of Moniteau and State of Missouri. 

Noah L. Hawk, to be postmaster at Willow Springs, in the 
county of Howell and State of Missouri. 

Stephen D. Ham, to be postmaster at Montgomery City, in the 
county of Montgomery and State of Missouri. 

John D. Dopf , to be postmaster at Rockport, in the county of 
Atchison and State of Missouri. 

Lewis Lumpee,- to be postmaster at Versailles, in the county of 
]Morgan and State of Missouri. 

Ssdlie H. Haley, to be postmaster at Webster Groves, in the 
county of St. Louis and State of Missouri. 

Jay W. Higginbottom, to be postmaster at Norbome, in the 
county of Carroll and State of Missouri. 

William H. Catts, to be postmaster at Granbury, in the county 
of Hood and State of Texas. 

Seth D. McNeal, to be postmaster at Jonesville, in the county 
of HUlsdale and State of Michigan. 

James H. Matthews, to be postmaster at Mount Vernon, in the 
county of Lawrence and State of Missouri. 

George W. Olney, to be postmaster at South Bend, in the county 
of Pacific and State of Washington. 

Converse G. Cole, to be postmaster at New Whatcom, in the 
county of Whatcom and State of Washington. 

Francis O. Coe, to be postmaster at Snohomish, in the county 
of Snohomish and State of Washington. 

Charles H. Ruthrauff, to be postmaster at Greeijcastle, in the 
county of Franklin and State of Pennsylvania. 

Edward K. Fiester, to be postmaster at Jei-sey Shore, in the 
county of Lycoming and State of Pennsylvania. 

Wallace E. Woodworth, to be postmaster at Lakeport, in the 
county of Belknap and State of New Hampshire. 

James P. Byron, to be postmaster at Deming, in the county of 
Grant and Territory of New Mexico. 

Thomas T. Anderson, to be postmaster at Indianola, in the 
county of Warren and State of Iowa. 

David C. Mott, to be postmaster at What Cheer, in the county 
of Keokuk and State of Iowa. 

George L. Booth, to be postmaster at Barry, in the county of 
Pike and State of Illinois. 

George B. Allison, to be postmaster at Chester, in the county 
of Randolph and State of Hlinois. 

Edward Whaley, to be postmaster at Prairie du Chien, in the 
county of Crawford and State of Wisconsin. 

Ionia B. Bomar, to be postmaster at Metropolis City, in the 
county of Massac and State of Illinois. 

Benjamin F. Shaw, to be postmaster at Dixon, in the county 
of Lee and State of Illinois. 

Harrison M. PurseU,to be postmaster at Pinckneyville, in the 
county of Perry and State of Illinois. 

John W. Sims, to be postmaster at Mound City, in the county 
of Pulaski and State of Illinois. 

George H. Sewall, to be postmaster at Virden, in the county 
of Macoupin and State of Illinois. 

William H. Phipps, to be postmaster at Carmi, in the county 
of White and State of Illinois. 



HOUSE OF EBPEESENTATIYES. 
Wednesday, Beceniber 23 ^ 1891. 

The House met at 12 o'clock m. The Chaplain, Rev. W. H. 
MILBURN, D. D., offered the following prayer : 

O Eternal God ! The shadow feared by men has entered the 
Capitol and enfolded in his dark shroud the form of a brave, hon- 
est, and honorable Senator, steadfast in friendsliip, loyal to his 
convictions; zealous, fearless, and faithful in the fulfillment of 
every trust, public and private, and the song of joy and glad- 
ness that was rising to our lips, the song belonging to this happy 
season, is hushed as we hear the wail of a whole people from the 
broad plains of Kansas, joining with the sobs of the wife that 
has been widowed and of the children that are made fatherless, 
as they sit shrouded in their home of grief. And to-day the 
tolling' bell knells the passing of the soul of a leader and a friend 
of the people. 



1892. 



CONGRESSIONAL EECORD— SENATE. 



109 



Elankenship; which was read twice by its title, and referred to 
the Committee on Public Lands. 

Mr. BRICE introduced a bill (S. 1343) for the relief of Sarah 
K. McLean, widow of the late Lieut. Col. Nathaniel H. McLean; 
which was read twice by its title, and referred to the Committee 
on Military Affairs. 

Mr. MAiSf DERSON introduced a bill (S. 1344) to make payment 
to Samuel J. Haynes of money erroneously and by mistake paid 
on his homestead entry; which was read twice by its title, and, 
with the accompanying- papers, referred to the Committee on 
Public Lands. 

He also introduced a bill (S. 1345) to amend section 3 of an act 
entitled "An act granting pensions to soldiers and sailors who 
are incapacitated for the performance of manual labor and pro- 
viding for pensions to widows, minor children, and dependent 
parents," passed June 27, 1890; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Pensions. 

Ho also introduced a bill (S. 1346) granting an increase of pen- 
sion to Henry Martin; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 1347) creating a board to revise 
and codify the laws relating to the granting of pensions; which 
was read twice by its title, and, with the accompanying papers, 
referred to the Committee on Pensions. 

He also introduced a bill (S. 1348) for the issue of ordnance 
stores and supplies to the State of Nebraska to replace similar 
stores desti-oyed by fire; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Military Affairs. 

He also introduced a bill (S. 1349) to provide for the purchase 
of a site and the erection of a public building thereon at South 
Omaha, in the State of Nebraska; which was read twice by its 
title, and referred to the Committee on Public Buildings and 
Grounds. 

Mr. Mc^NHLLAN introduced a bill (S. 1350) to provide foe fur- 
nishing the decisions of the courts in patent cases to the circii^ 
courts of the United States and to the Patent Office; which was 
read twice by its title, and referred to the Committee on Patents. 

He also introduced a bill (S. 1351) to provide for the purchase 
of a site and erection of buildings for the Girls' Reform School o' 
the District of Columbia; which was read twice by its title, ai"" 
referred to the Committee on the District of Columbia. 

Mr. FELTON introduced a bill (S. 1352) for the relief of Au- 
gust Leschinsky; which was read twice by its title, and referred 
to the Committee on Claims. 

He also introduced a bill (S. 1353) for the relief of Morgan 
Everts; which was read twice liy its title, and referred to the 
Committee on Claims. 

He also introduced a bill (S. 1354) to provide for the erection 
of and equipment of a gun factory at Bcn^cia Arsenal, Benicia, 
Cal., for finishing and assembling ordnance for the Army and 
Navy; which was read twice by its title, and referred to the Com- 
mittee on Coast Defenses. 

Mr. HISCOCK introduced a bill (S. 1355) to increase postal fa- 
cilities and to expedite the distribution, collection, and delivery 
of mails in cities having a population of 150,000 or more; which 
was read twice by its title, and referred to the Committee on Post- 
Offices and Post-Roads. 

He also introduced a bill (S. 1356) granting a pension to Abigal 
L. Finney: which was read twice by its title, and referred to the 
Committee on Pensions. 

He also introduced a bill (S. 1357) to compensate Elihu Root for 
services rendered by direction of the Attorney-General; which 
was read twice by its title, and, with the accompanying papers, 
referred to the Committee on the Judiciary. 

He also (by request) introduced a bill (S. 1358) for the relief of 
Clara A. Graves, Lewis Smith Lee, Florence P. Lee, Mary S. 
Sheldon, and Elizabeth Smith, heirs of Lewis Smith, deceased; 
which was read twice by its title, and referred to the Committee 
on Claims. 

Mr. GORMAN (by request) introduced a hill (S. 1359) for the 
relief of Thomas R. Johnson, administrator of the estates of Ri- 
naldo Johnson and Ann E. Johnson, deceased; which was read 
twice by its title, and referred to the Committee on Claims. 

Ho also introduced a bill (S. 1360) for the relief of James A. 
Windsor; which was road twice by its title, and referred to the 
Committee on Military Affairs. 

He also introduced a bill (S. 13G1) for the relief of Thomas P. 
Morgan, jr.; which was read twice by its title, and referred to 
the Committee on Claims. 

He also introduced a bill (S. 1362) for the relief of Alexander 
Motfitt; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Claims. 

He also (by request) introduced a bill (S. 1363) for the relief of 
Michael Carling, assignee of Joseph R. Shannon, deceased; which 



was read twice by its title, and, with the accompanying papers, 
referred to the Committee on Claims. 

Mr. WHITE introduced a bill (S. 1364) for the relief of Henry 
Ware; which was read twice by its title, and referred to the Com- 
mittee on Claims. 

Mr. CHANDLER introduced a bill (S. 1365) directing the Sec- 
retary of the Treasury to pay one year's salai'y to the widow of 
Daniel Clark, late judge of the United States district court for 
the district of New Hampshire; which was read twice by its title, 
and referred to the Committee on the Judiciary. 

He also introduced a bill (S. 13C6) granting a pension to Mary 
De W. Young; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Pensions. 

He also (by request) introduced a bill (S. 1367) to regulate the 
rates of pensions, and for other purposes; which was rea<l twice 
by its title, and, with the accompanying papers, referred to the 
Committee on Pensions. 

He also introduced a bill (S. 1368) to enable the Educational 
and Relief Association of the District of Columbia to erect a home 
with workshops and rooms for the destitute colored children of 
both sexes of said District; which was read twice by its title, 
and refeiTed to the Committee on the District of Columbia. 

He also introduced a bill (S. 1369) to raise the professional 
standing of the apothecaries of the United States Navy; which 
was read twice by its title, and referred to the Committee on 
Naval Affairs. 

He also introduced a bill (S. 1370) f(n' the relief of the legal 
representatives of Mrs. Adeline Shirley; which was read twice 
by its title, and referred to- the Committee on Claims. 

He also introduced a bill (S. 1371) to roiinforce the provisions 
of the "Act to regulate commerce," approved February 4, 1887, 
prohibiting free transportation except in certain cases; which 
was read twice by its title, and referred to the Committee on In- 
terstate Commerce. 

He also introduced a bill (S. 1372) granting an honorable dis- 
charge to AndrewCuUen; which was read twice by its title, and, 
..^itll_ijB||Bpfcompanying papers, referred to the Committee on 
MilitaY^^'ATTairs. 

Mr. TELLER introduced a bill (S.1373) granting certain priv- 
ileges to honorably discharged soldiers and sailors in locating 
hnmesito ad^nn tho public domain; which was read twice by its 
THITSTflHfKferred to the Committee on Public Lands. 

He also introduced a bill (S. 1374) to aid the State of Colorado 
to support a school of mines; which was read twice by its title, 
and referred to the Committee on Public Lands. 

He also inti-oduced a bill (S. 1375) granting a pension to Mrs. 
Isabella Gorman; which was read twice by its title, and referred 
to the Committee on Pensions. 

Mr. ALLISON introduced a bill (S. 1376) granting an inci-ease 
of pension to George W. Blake; which was read twice by its title, 
and referred to the Committee on Pensions. 

He also introduced a bill (S. 1377) granting an honorable dis- 
charge to James B. Mulford ; which was read twice by its title, 
and referred to the Committee on Military Affairs. 

Mr. VEST introduced a bill (S. 1378) for the relief of Martin 
E. Smith; which was read twice by its title, and referred to the 
Committee on Claims. 

He also introduced a bill (S. 1379) to provide for a pension for 
Obe Sutherland, late a teamster in the Quartermaster's Depart- 
ment of the United States Volunteer Army; which was read 
twice by its title, and referred to the Committee on Pensions. 

Mr. DOLPH introduced a bill (S. 1380) to amend an act en- 
titled "An act to forfeit certain lands heretofore granted for tho 
purpose of aiding in the construction of railroads, and for other 
purposes;" which was read twice by its title, and referred to the 
Committee on Public Lands. 

Mr. BLODGETT introduced a bill (S. 1381) for the relief of the 
heirs of Isaac Jacob, deceased, and of Henry H. Jacob, surviving 
partner of the late commercial firm of I. Jacob & Son, of New 
York City; which was read twice by its title, and referred to the 
Committee on Claims. 

He also introduced a bill (S. 1382) granting a pension to Henry 
Garris; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 1383) to remove the charge of de- 
sertion from the military record of George H. Holmes; which 
was read twice by its title, and referred to the Committee on 
Military Affairs. 

He also introduced a bill (S. 1384) for the correction of tho army 
record of Lieut. Harry R. Anderson, United States Army: which 
was read twice by its title, and referred to the Committee on 
Itlilitary Affairs. 

Mr. CARLISLE introduced a bill (S. 1385) granting a pension 
to Margaret I. AUsworth; which was read twice by its title, and 
referred to tho Committee on Pensions. 

Mr. CHANDLER introduced a joint resolution (S. B. 22) pro- 



110 



CONGRESSIONAL RECOKD— SENATE. 



jAiifUAEY 5, 



posinff an amendment to the Constitution of the United States; 
which was read twice by its title, and refei-red to the Committee 
on Immigration. 

AID TO RUSSIAN SUFFERERS. 

Mr. WASHBUKN. I introduce a joint resolution, and ask for 
the present consideration of the same. 

The joint resolution (S. R. 21) authorizing the Secretai-y of the 
Navy to transport contributions for the relief of the suffering 
poor of Russia was read the first time by its title. 

Mr. COCKRELL. Let the joint resolution be read for infor- 
mation. 

The joint resolution was read the second time at length, as lol- 

lows: 

Eesolved, (Ic. That the Secretary of the Navy he, and he Is hereby, author- 
Izefl to employ any ship or vessel belonging to the Navy ot the United States 
■best adapted tor such service, tor the purpose of transporting to the Inhab- 
itants ot those provinces of Russia now siUJering from want of food, owing 
to the failure of crops, such contributions as may be made by citizens of the 
United States lor their relief, and, if necessary, to charter and employ, under 
the .authority of the United States, ii suitable steamship or ships for the 
same purpose. Any sitm of money which may be necessary to caiTy out the 
object ol this resolution is hereby appropriated out ot any money m the 
Treasury not otherwise appropriated. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the joint resolution? 

Mr. WASHBURN. I wish to state that a movement was in- 
augurated some two or three weeks since in my section of coun- 
try, looking to making contributions of breadstuffs to the suffering 
people of Russia. A very large amoimt of flour, especially in my 
own city and in that region, has been contributed, or pledged for 
that purpose. Just before the holidays I made application to the 
Secretary of the Navy, asking that a Government ship be detailed 
to transport this flour to some Russian port. As Senators may 
have seen in the papers, he assented, and has arranged for the 
Constellation, a Government sailing ship, to take the first cargo. 
It now appears, however, that the Constellation will not be able 
to take more than one-fourth or one-fifth of the contributions 
already in sight, and it seemed to mo a very proper and a very 
graceful thing for Congress to do now what it did in 1880, when 
the Constellation bore food to the suffering people of Ireland. It 
is with that view that I have introduced the joint resolution, and 
I -will state that it is very important that it should have imme- 
diate action, because time is pressing. 

I desire to say, further, that the railroad lines and all the great 
transportation companies of this country have agreed to carry 
these breadstuffs without any charge, the lightering associations 
in Now York have agreed to put the supplies on the ships, and 
this joint resolution will simply make the proper complement of 
the whole affair, as our American people are not in the habit of 
doing things by halves. 

So I introduce the joint resolution at present, and I desire, in 
order that the Senate may fully understand the situation, to have 
read a telegram which I have just received from the gentleman 
who has had charge of this great work, showing what the re- 
quirements are likely to be. 

The VICE-PRESIJDENT. The telegram will be read. 

The Secretary read as follows: 

JIiNNBAPOus, Mnra., Jamiari/ 4. 
Eon. W. D. Washburn, 

Washington, D. C, 2111 Massachusetts Avenue: 

Amount already pledged about 1,000,750 poimds floui-. Expect to receive 
total of 6,000,000 pounds. Millers and flour men are the contributors, and are 
located in Iowa, Indiana, Illmois, Kansas, Kentuclry, Maryland, District of 
Columbia, Michigan, Minnesota, Missouri, Nebraslia, New York, North Da- 
kota, Ohio, Pennsylvania, Texas, Virginia, Wisconsin. For further particu- 
lars see Northwestern Miller. We greatly need steamship to carry this. 
Constellation can not do the work. 

W. C. EDGAR. 

Mr. HARRIS. Mr. President, I shall not object to the pres- 
ent consideration of the joint resolution. It Is a charity that is 
bound to command the respect of all intelligent and charitable 
people. But believing as I do, that I as a Senator have no right 
to tax the people to put money in the Treasury and appropriate it 
to this or any other charity, I shall feel bound to vote against 
the joint resolution. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the joint resolution? 

There being no objection, the joint resolution was considered 
as in Committee of the Whole. 

:Mr. GORMAN. Mr. President, I notice that the joint resolu- 
tion makes an indefinite appropriation. I suggest to the Senator 
who has introduced it that it is a very bad practice, although 
one I know which has grown up in the last year or two, to make 
indefinite approjtriations, and the result is almost to bankrupt 
the Treasury of the United States. I think the practice ought 
not to bo followed now, even in a matter of charity, and I sug- 
gest that if the Senator from Minnesota has any information as 
to ihe probable cost, some specific amount should be appropriated, 
say not to exceed $100,000, or whatever amount is necessary. 



Mr. WASHBURN. The same idea occurred to me in drawing 
the joint resolution. I supposed it was the custom to fix some 
sum, as the Senator has suggested; but upon looking at the reso- 
lution passed in 1880 I found that there was no limitation. I ac- 
cede cheerfully to the suggestion, and would name $100,000 — not 
to exceed $100,000. 
Mr. BUTLER. " Or so much thereof as may be necessary." 
The VICE-PRESIDENT. The Senate will receive a message 
from the President of the United States. 

Mr. O. L. Pruden, one of the secretaries of the President of 
the United States, communicated to t^e Senate sundry messages 
in writing. 

Mr. ALLISON. Mr. President, the Senator from Maryland 
[Mr. Gorman] observed that the practice of making indefinite 
appropriations is one that has grown up recently. I think if the 
Senator will examine the precedents he will find that indefinite 
appropriations have existed for a long time. I suppose the Sen- 
ator refers more especially to what are denominated permanent 
appropriations when he speaks of indefinite appropriations. Cer- 
tainly an indefinite appropriation of the chai-acter indicated hei-e 
will not very greatly disturb the Treasury. 

I had some conversation with the Secretary of the Navy respect- 
ing the cost of chartering these vessels, in view of the fact that the 
governor of my own State issued a proclamation to the people of 
the State of Iowa asking them to make contributions to the suf- 
ferers in Russia and appointed a committee of the most eminent 
men in our State, who are now gathering contributions of corn, 
wheat, flour, etc. It seemed to me apparent that the vessel which, 
the Secretary of the Navy offered, namely, the Constellation, 
would not be sufficient. In my judgment it is not suitable to the 
work in hand, even though it could carry five or six thousand 
barrels of flour to some Russian port. Therefore 1 think true 
economy will require that a vessel or vessels shall be chartered, 
if the Government is to bear the expense. 

The total cost of a single vessel, the ordinary sailing vessel 
that would be chartered to do the work, as the Secretary of the 
Navy informed me, at least in his judgment, would not exceed $25,- 
000. I think $100,000 will probably charter three or four cargoes, 
and I am very glad the Senator from Minnesota has agreed to 
limit the joint resolution. I think that is a wise thing to do, and 
I shall favor the measure as it is now proposed. 

The VICE-PRESIDENT. The Chair has just now received 
a message from the President of the United States bearing upon 
the question under consideration, which will be read by the Sec- 
retary. 

The Secretary read as follows: 
To the Senate and House of Representatives: 

The famine prevailing in some of the provinces ot Russia is so severe and 
widespread as to have attracted the sympathetic interest ot a large number 
of otu- liberal and favored people. In some ot the great grain-producing 
States of the West movements have already been organized to collect flour 
and meal tor the relief ot these perishing Russian families, and the response 
has been such as to justi^ the belief that a ship's cargo can very soon be de- 
livered at the seaboard, through the generous cooperation ot the transpor- 
tation lines. It is most appropriate that a people whose storehouses have 
been so lavishly tilled with all tlio fruits of the earth by the gracious favor 
ot God should manifest their gratitude by large gifts to His suflering chil- 
dren in other lands. 

The Secretary ot the Navy has no steam vessel at his disposal that could be 
used tor the transportation of these supplies, and I therefore recommend 
that he be authorized to charter a suitable vessel to receive them, It a suffi- 
cient amovmt should be ottered, and to send them under the charge ot a naval 
o£Bcer to such Russian port as may be most convenient tor ready distribu- 
tion to those most in need. _ „ „„ , 

BENJ. HARRISON. 
ExECUTrvE Mansion, Januarij r,, 1592. 

The VICE-PRESIDENT. The proposed amendment will be 
stated. 

The SECRETARY. It is proposed to Strike Out the words "which 
may be necessary," and insert ' ' not to exceed $100,000, or so much 
thereof as may be necessary;" so as to read: 

jVny stun of money not to exceed JIOO.OOO, or so much thereof as may bo 
necessary, to carry out the object ot this resolution, is hereby appropriated 
out of any money in the Treasury not otherwise appropriated. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment. 

The amendment was agreed to. 

The joint resolution was reported to the Senate as amended, 
and the amendment was concurred in. 

The joint resolution was ordered to be engrossed for a third 
reading, and was read the third time. 

Mr. HARRIS. My own may be the only vote against it, but I 
want the yeas and nays, so as to record that vote against the pas- 
sage of the joint resolution. 

The VICE-PRESIDENT. The question is, Shal 1 the joint res- 
olution pass? on which the yeas and nays are demanded. 

The yeas and nays were ordered. 

Mr. HOAR. Before the yeas and nays are called, I suggest that 
there be an order that the President's message be printed and lia 
on the table. 



1892. 



CONGRESSIONAL llECOKD— SENATE. 



Ill 



The VICE-PRESIDENT. It will be so ordered in the absence 
of objection. The Secretary wUl proceed to call the roll. 

The Secretary proceeded to call the roU. 

Mr. CARLISLE (when his name was called). I am paired 
with the senior Senator from Ohio pvir. Sherman]. If ho were 
present, I should vote "nay." 

Mr. COKE (when his name was called). I am paired with the 
Senator from Nebraska [Mr. Paddock], whom I do not see in 
his seat at this time. If he wei-e present, I should vote "nay." 
I do not know how he would vote. 

Mr. WALTHALL (when Mr. GEORGE'S name was called). My 
colleague [Mr. George] is absent by leave of the Senate. I im- 
derstood from my colleague that he was paired generally with 
the Senator from Oregon [Mr. Dolph]. 

Mr. DOLPH. That is so. If the Senatorfrom Mississippi sup- 
poses that his colleague would like me to observe the pah' on this 
question, I will withdraw my vote and announce my pair with the 
Senator from Mississippi [Mr. George]. I did notobserve at the 
moment that the Senator was not in the Senate Chamber. 

Mr. "WALTHALL. I have no preference about it. I simply 
announce the fact that my colleague is paired with the Senator. 

Mr DOLPH. I withdraw my vote and announce my pair with 
the Senator from Mississippi [Mr. George]. 

Mr. HANSBROUGH (when his name was called). I am paired 
with the Senator from Illinois [Mr. Paxmeb]. Were he present, 
I should vote "yea." 

JNIr. HIGGINS (when his name was called). I am paired with 
the senior Senator from New Jersey [Air. McPherson]. In his 
absence, I withhold my vote. 

Mr. KENNA (when his name was called). I am paired gen- 
erally with the Senator from Colorado [Mr. Wolcott], who is 
detained from the Senate by illness. I imderstand, however, 
that if he were present he would vote "yea," and I will there- 
fore also vote "yea." 

Mv. M ANDERSON (when his name was called). I am paired 
with the Senator from Kentucky [Mr. Blackburn], and my 
colleague [Mr. Paddock] is paired with the Senator from Te.xas 
[Mr. Coke], as that Senator has already announced. I suggest 
to him that we exchange pairs and both vote, leaving my col- 
league paired with the Senator from Kentucky [Mr. BLACK- 
BURN]. I ask the Senator from Texas if he has any objection to 
changing the pairs so that my colleague shall stand paired with 
the Senator from Kentucky [Mr. Blackburn] and the Senator 
from Texas and I will both be privileged to vote. 

Mr. COKE. No, I have no objection. I vote " nay." 

Mr. M ANDERSON. I vote "yea." 

Mr. WALTHALL (when his name was called). I am paired 
with the Senator from Rhode Island [Mr. Dison]. 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. COLQUITT]. If he were present, 
I should vote "yea." 

The roll call was concluded. 

Mr. CTJLLOM. I have a general pair with the Senator from 
Delaware [Mr. GRAY]. I do not observe that he is in his seat, 
and I therefore withhold my vote. If at liberty to vote, I should 
vote for the joint resolution. 

Mr. DAVIS. I have a general pair with the Senator from In- 
diana [Mr. Turpie], and therefore withhold my vote. If at 
liberty, I should vote "yea." 

Mr. CASEY (when his name was called). I am pau'ed with the 
Senator from Florida [ilr. Pasco], but as I understand that he, 
if iH-osent, would vote "yea," I vote "yea." 

The i-65ult was announced — ^yeas 40, nays 9; as follows: 









YEAS— iO. 




Allen, 




Dawes, 


His cock, 


Piatt, 


Allison, 




Dubois, 


Hoar, 


Quay, 


Barbour, 




Faulkner, 


Kenna, 


Sawyer, 


Blodgett, 


m 


Felton, 


McMUlan, 


Shoup, 


Brice, 


X 


Frye, 


Mandersou, 


Stanford, 


Butlei', 


<D 


Gallinger. 


MitclieU, 


Stewart, 


Call, 


-a 


Gibson, La. 


Morgan, 


Teller, 


Casey, 


tz 


Gorman, 


Morrill, 


VUas, 


Chandler, 




Hale, 


Peffer, 


"Washburn, 


Daniel, 


Vi 


Hawley, 


Pettlgrew, 
NAYS— 9. 


White. 


Bale, 


^m^ 


Coke, 


Jones, Ark. 


Pugh, 


Berry, 


O 


Harris, 


Kyle, 


Vest. 


Cliiltou, 


03 










lo" 


NOT VOTING— 35. 




Aldrlch, 


=3 


Dixon, 


McPherson, 


Squire, 


Blackbur 


a, CO 


Dolpb, 


Paddock, 


Stockbridgi 


Cameron 


f 


George, 


Palmer, 


Turpie, 


Carey, 


o 


Gibson, Md. 


Pasco, 


Voorhees, 


Carlisle, 


U_ 


Gordon, 


Power, 


Walthall, 


Cockrell, 


Gray, 


Proctor, 


Warren, 


Colquitt, 




Hansbrougli, 


Ransom, 


Wilson, 


CuUom, 




Hlggins, 


Sanders, 


Wolcott. 


Davis, 




Irby, 


Sherman, 





So the joint resolution was passed. 



WITHDRAWAL OF PAPERS. 

Mr. VEST submitted the following order; which was consid- 
ered by unanimous consent and agreed to: 

Or'hrrcd, That the papers on file in the Pension Bureau of tlie Interior De- 
partment relative to the pension claim numbered 711,850, of Obo Sutherland, 
late a teamster in the Quartermaster's Department of the United States Vol- 
unteer Army, be transmitted to the Committee on Pensions ot the Senate. 

consr.iGE OF silver bullion. 
Mr. STEWART. I offer a resolution for reference to the 
Committee on the Judiciary, and I ask that it be read. 
The resolution was read, as follows: 

Whereas by the fourteenth section of tlie act approved January 18, 1837, it 
is provided "That gold and sliver bullion brought to the mint for coinage, 
shall be received and coined-, by the proper officers, for the benefit of the de- 
positor;" and 

Whereas by the act approved February 28, 18TS, entitled "An act to author- 
ize the coinage of the standard silver dollar, and to restore its legal-tender 
character," it is enacted " That there shall be coined, al tlie several mints ot 
the United States, silver dollars of the weight of 412^ grains, Troy, of stand- 
ard sliver, as prortded In the act ot January 18, 183T, on which shall be the 
deWces and superscriptions provided in said act:" Therefore. 

Jle it resolved. That the Committee on the Judiciary be. and it is hereby, 
instructed to inquire if any further legislation is necessary to make It the 
duty ot the proper officers of the mint to receive and com silver bullion for 
the benefit of depositor.-!. 

Mr. STEWART. I desire to have the resolution referred to 
the Committee on the Judiciary, and I call the attention ot the 
committee to a fact which seems to have been overlooked, that 
the act ot 1878, known as the Bland act, revived the act of 1837 so 
far as relates to the coinage of silver and gold. The act of 1837 
provides that it shall be the duty of the proper officers of the mint 
to coin silver bullion deposited for the benefit of depositors. The 
act of 1878, the Bland act, makes it the duty of the Department to 
coin silver as provided in the former act. I have looked in vain 
to find any clause qualifying the direct command found in the 
first section of the Bland act. It seems to have been overlooked, 
and in fact I had overlooked it until my attention was called to it 
by a lawyer from Ohio, Mr. Stark. I have since spent some days 
investigating the matter, and I have come clearly to the conclu- 
sion that the act of 1837, so far as the coinage of silver bullion is 
concerned, is revived by the express language of the act of 1878. 
The subsequent provision of the act providing for the purchase 
and coinage of silver is simply an addition to it, abstracting notic- 
ing, and as it occurred just previous to the resumption of specie 
payment it may be well said that at that time it was thought im- 
portant to accumulate bullion for the purpose of coinage in ad- 
dition to what might be deposited. At all events, I do not see 
that there is anything iu the act or in any other act which seems 
to limit or qual&y the direct command in the first section, and I 
hope that the Judiciary Committee wjll give the matter an early 
and careful consideration. 

Mr. ALLISON. I should like to inquire of the Senator from 
Nevada, in connection with this matter, whether he thinks the 
act of 1890 has any effect upon the import of the act of 1878? 

Mr. STEWART. None whatever. The act of June, 1890, sim- 
ply deals with the purchase of bullion and repeals the clause that 
required the piu-chase of not less than $2,000,000 nor more than 
$4,000,000 worth of silver btdlion per month, and substitutes 
therefor other arrangements for purchasing a larger amount and 
issuing Treasury notes therefor. But it does not deal with the 
remainder of the act at aU. 

Mr. ALLISON. I only made the suggestion in view of the 
fact that the resolution does not allude to the act of 1890, and It 
mio'ht be incomplete unless it also covered the effect of the act 
of 1890. 

Mr. VEST. What is the language of the act of 1890? 

Mr. STEWART. The act of 1890 repeals the clause which 
authorizes or requires the purchase of not less than $2,000,000 
nor more than $4,000,000 worth per month and substitutes other 
provisions by way of purchase. It leaves the remainder of the 
act as it stood before. The act of 1890 has nothing to do with the 
coinage except the particular clause referred to. The act of 1878 
is still in force, as I vmderstand it; and if there is any statute that 
modifies the direct revival of the act of 1837 by the first section 
of the act of 1878 I have been unable to find it. 

The VICE-PRESIDENT. The resolution wil^ be referred to 
the Committee on the Judiciary. 

SELECT COMMITTEE ON MEAT PRODUCTS. 

Mr. VEST. I should like to submit a question about which I 
have some doubt, in regard to a special committee ot the Senate. 
Immediately before the recess I introduced a bill in regard to 
monopoly in the transportation of cattle to foreign countries, 
which had been introduced during the last session, referred to 
the Select Conwnittee on the Transportation and Sale of Meat 
Products, reported back by that committee, and passed by the 
Senate, but failed of passage in the House of Representatives. 
As the committees had not been reestablished at the time I in- 
troduced the bill at this session I did not have it referred to the 



112 



CONGRESSIONAL RECORD— SENATE. 



Januaky 5, 



same committee, of which I was chairman, for the reason that 
by tiie resohition of the Senate in regard to that committee passed 
at the last Congress the committee was continued until the first 
day of this session with instruction to report at that time. My 
construction of that resolution was and is now that until further 
action by the Senate continuing the existence of the committee 
it could "not transact business, but remained in that condition, 
whatever it might be described. 

Whilst absent from the Senate on account of sickness the Sen- 
ator from Maine [Mr. Frye], the chairman of the Committee on 
Commerce, reported back the bill to the Senate with the request 
that it be sent to the Select Committee on the Transportation 
and Sale of Meat Products, and on my return I find the bill re- 
ferred to that committee. Now, the inquiry which has arisen in 
my mind, and which I submit (and I am glad to see the Senator 
from Illinois [Mr. Cullom] in his seat, who is chairman of the 
committee on the Republican side to fix the committees), is, does 
the action of the Senate based upon the report of the joint com- 
mittee appointed by the Republican and Democratic parties here 
naming the special committees continue their existence without 
further action by the Senate? 

Mr. CULLOM. Mr. President, if the Senator will allow me to 
interrupt him a moment, I had thought, and I think every mem- 
ber with whom I have had any conversation on the subject came 
to the same conclusion, that the resolution submitted to the Sen- 
ate providing for the establishment of certain committees and 
naming the members of the committees would imdoubtedly estab- 
lish the existence of a committee for the present Congress. I 
think that that must be the case. 

The VICE-PRESIDENT. The Secretary will read, for the in- 
formation of the Senate, an extract from the Journal of March 
3, last. 

Mr. HALE. That has been the universal practice. 

Mr. CULLOM. Let the resohition bo read. 

The Secretary read as follows: 

Journal, March 3,1891 : 

COMMITTEES OP THE SENATE. 

Mr. Allison submitted the following resolution; which was considered by 
unanimous consent, and agreed to: 

Resohed, That the standing and select committees ol the Senate as now con-* 
stltuted be, and they are hereby, continued with power to act until the first 
Monday iu December, 1891, or imtil their successors are elected. 

Mr. CULLOM. Early in the present session I submitted the 
following resolution, which was considered by unanimous con- 
sent and agreed to: 

Resolved, That the following constitute the select committees of the Senate 
of the United States for the Fifty-second Congi-ess. 

Following the resolution is the provision for the establishment 
of the Committee on the Transportation and Sale of Meat Prod- 
ucts, and Messrs. VEST (chairman), CoiCE, Plumb, POWER, 
Casey were appointed ujDon that committee by a resolution of the 
Senate. So it seems to me it is unqualifiedly true that the com- 
mittee exists by virtue of the action of the Senate itself during 
the present session. 

Mr. VEST. That would be the inference, but I want to put it 
beyond any doubt. 

Mr. CULLOM. If the Senator will allow me further, the effect 
of that resolution, it seems to me, just as clearly establishes that 
committee as if the Senator had introduced a separate resolution 
providing that it be established in the first instance and that res- 
olution had been adopted by the Senate. 

Mr. VEST. During the last Congress this question come up 
incidentally, and upon consultation with the late chairman of the 
Committee on the Judiciary, Mr. Edmunds, and other very ex- 
perienced and able lawyers, I came to the conclusion, with ref- 
erence to this very committee, that a special resolution was nec- 
essary, and I offered such a resolution, and it was adopted by the 
Senate. But that was after the committees had been fixed as they 
are fixed now and the personnel of membership established. 

Mr. HALE. If that was required in the case of each commit- 
tee, what would be the force of the general resolution which, in 
terms, constitutes all the committees at once? If each committee 
must afterwards introduce a special resolution creating it a work- 
ing committee, what force is there in the general resolution? 

Mr. VEST. The only difficulty that arose in my mind was the 
fact that the Senate by special resolution had declared that this 
special committee (and I do not speak of any other) should exist 
until the first day of the present session. That was affirmative 
and distinct legislation, and to get rid of that affirmative legisla- 
tion we mu3t adopt the inferential argument, for it is nothing 
else, that the general resolution repeals or takes the place of the 
affirmative action of the Senate. 

Mr. HALE. Undoubtedly if, after the resolution which lim- 
ited the duration of this committee to the first day of the session, 
the present Congress had done nothing, the committee would 
fall, because the limitation of the special I'esolution was uison the 
first day of the session. But the Senate has taken up the sub- 



ject and in connection with other committees has declared by 
resolution that that committee is revived, and that it exists, with 
the Senator from Missouri at its head. I do not think the Sen- 
ator need have any doubt about it. 

Mr. VEST. I have not the slightest objection of course to any 
construction the Senate sees projier to put upon it, but I wanted 
to put the question as to the condition of the bill beyond any 
doubt, so that my committee could either act upon it or send it 
back to the Committee on Commerce. 

Mr. CULLOM. If the Senate had never created that commit- 
tee Ijy a resolution offered by the Senator from Missouri, the Sen- 
ate coming in at the beginning of this session and creating a se- 
lect committee and naming the members of it certainly makes 
it an existing committee of the Senate for this Congress. 

Mr. COCKRELL. Independent of any affirmative action. 

Mr. HARRIS. Unquestionably. 

MESSAGE FROM THE HOtJSE. 

A message from the House of Representatives, by Mr. Kerr, 
its Clerk, announced that the House had elected Hon. Benton 
McMiLLiN, a Representative from the State of Tennessee, 
Speaker jwo tempore during the absence of the Speaker. 

senator from KANSAS. 

The VICE-PRESIDENT presented the credentials of Bishop 
W. Perkins, appointed by the governor of the State of Kansas a 
Senator from that State, to fill, until the next meeting of the Leg- 
islature thereof, the vacancy caused by the death of Preston B. 
Plumb; which were read, and ordered to be filed. 

Mr. PEFFER. I ask that the oath of office be administered to 
my colleague, Mr. Perkins, who is present. 

The VICE-PRESIDENT. The Senator will please come for- 
ward and receive the oath of office. 

"Mr. Perkins advanced to the Vice-President's desk, escorted 
by Mr. Peffer, and the oath prescribed by law having been ad- 
ministered to him, he took his seat in the Senate.* 
SENATOR FROM NORTH CAROLINA. 

Mr. HARRIS. The Senator from North Carolina [Mr. Vance], 
elected to succeed himself, is now present in the Senate Chamber, 
and I ask that the oath of office may be administered to him. 

The VICE-PRESIDENT. The Senator elect from North Car- 
olina will please come forward and receive the oath of office. 

ISIr. Vance advanced to the Vice-President's desk, escorted by 
Mr. Harris, and the oath prescribed by law having been admin- 
istered to him, he took his seat in the Senate. 

COMMITTEE SERVICE. 

Mr. COCKRELL. In pursuance of the understanding had at 
the time, and the announcement made by me when the commit- 
tees were appointed, I am authorized by the Senator from North 
Carolina [Mr. Ransom] to resign his places on the committees 
to Audit and Control the Contingent Expenses of the Senate, on 
Finance, on Privileges and Elections, on the District of Colum- 
bia, and as chairman of the Committee on Woman Suffrage, and 
I ask that his colleague [Mr. Vance], who has just been sworn 
in, be appointed to those respective places. 

The PRESIDING OFFICER (Mr. Platt in the chair). The 
declination of the Senator from North Carolina [Mr. Ransom] 
to serve upon the committees named will be accepted by the Sen- 
ate, if there is no objection, and hia colleague [Mr. Vance] will, 
if there be no objection, be considered as having been appointed 
to the vacancies thus created. 

SIL^^:R coinage. 

]\Ir. MORRILL. I propose to-morrow morning, after the close 
of the morning business, if able, and with the consent of the Sen- 
ate, to submit some remarks, of which previous notice has been 
given, on the subject of the free coinage of silver on the bill now 
upon the table, being (S. 51) to provide for the free coinage of 
gold and silver bullion, and for other purposes, which was intro- 
duced by the Senator from Nevada [Mr. Stew.\rtJ. 

COMPILATION OF A. W. CHURCH AND H. H. SiHTH. 

Mr. CHANDLER submitted the following resolution: which 
was referred to the Committee on Printing: 

Resolved, That there be printed for the use of the Senate 500 copies of the 
" Table showing the contents of the several volumes comprising the Annals 
of Congi-ess, Congressional Debates. Congressional Globe, Congressioxal 
Record. Statutes at Large, and United States Supreme Coiu-t Reports, ar- 
ranged by years and Congresses," which was compiled for the Senate Li- 
brary bv A. W. Church and H. H. Smith ; the same being brought down to Jan- 
uary l,i89i 

EXPORT OF CATTLE TO GREAT BRITAIN. 

Mr. ALLISON. I move that the Senate proceed to the con- 
sideration of executive business. 

Mr. VEST. If my friend from Iowa wiU permit me, I desire 
to ask the Senate to proceed to the consideration of a joint reso- 
lution in regard to the British quarantine upon American cattle 
which I introduced just before the recess, and gave notice that I 



1892. 



CONGEESSIONAL RECORD— SENATE. 



239 



The VICE-PRESIDENT. To what committee shall the com- 
munication be referred ? 

Mr. PERKINS. I suggest that it be referred to the Com- 
mittee on Foreign Relations. 

The VICE-PRESIDENT. It will be so referred. 

REPORTS OF COMMITTEES. 

Mr. DOLPH, from the Committee on Public Lands, to whom 
was referred the bill (S. 636) for the relief of Chester B. Sweet, 
of California, reported it without amendment, and submitted a 
a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 800) to authorize the Secretary of the Interior to convey- 
to the State of Kansas certain lands therein, reported it without 
amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 625) to grant to the State of Oregon, townships 27, 28, 29, 
30, and 31 south, in ranges 5 and 6 east, of the Willamette merid- 
ian, in the State of Oregon, for a public park, reported it without 
amendment. 

Mr. BERRY, from the Committee on Public Lands, to whom 
was referred the bill (S. 875) for the relief of Thomas Guinean, 
reported it without amendment. 

Mr. PADDOCK, from the Committee on Public Lands, to whom 
was referred the bill (S. 386) to provide for the disposal of Fort 
Hartsuff, Fort Sheridan, and Fort McPherson military reserva- 
tions, in the State of Nebraska, to actual settlers under the pro- 
visions of the homestead laws, reported it without amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 1374) to aid the State of Colorado to support a school of 
mines, reported it without amendment. 

Mr. VEST, from the Committee on Commerce, to whom was 
referred the biU (S. 440) to authorize the construction of a bridge 
across the Missouri River between the city of Chamberlain, in 
Brule County and Lyman County, in the State of South Dakota, 
reported it with amendments. 

He also, from the Committee on Public Buildings and Grounds, 
to whom was referred the bUl (S. 430) making appropriation for 
the purchase of ground and the erection thereon in the city of 
Washington, D. C, of a building to be used as a hall of records, 
reported it without amendment. 

He also, from the same committee, to whom was referred the 
bUl (S. 427) to pi'ovide for the erection of public buildings for 
post-offices in towns and cities where the post-office receipts for 
three years preceding have exceeded $3,000 annually, reported it 
without amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 426) to provide for the erection of a public building for 
the use and accommodation of the post-office at Mammoth Hot 
Springs, in the Yellowstone National Park, reported it without 
amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 70) to increase the limit of cost of the erection of apublic 
building at Hoboken, N. J., reported it with an amendment. 

Mr. QUAY, from the Committee on Public Buildings and 
Grounds, to whom was referred the bill (S. 902) to provide for the 
erection of a public buildiiigat Bradford, Pa., reijorted it without 
amendment, and submitted a report thereon. 

Mr. McMillan, from the Committee on Post-Offices and Post 
Roads, to whom was referred the bUl (S. 1095) for the relief 
Thomas Chambers, reported it without amendment, and submit 
ted a report thereon. 

Mr. PETTIGREW, from the Committee on Public Lands, to 
whom was referred the bill (S. 435) to aid the State of South Da- 
kota to support a school of mines, reported it with an amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 444) granting to the State of South Dakota section No. 36, 
in township No. 94 north, of range No. 56 west, in the county of 
Yankton, in said State, for the purpose of an asylum for the in- 
sane, to correct an actapproved June 16, 1880, attempting to make 
such grant to the Territory of Dakota, and for other purposes, 
reported it without amendment. 

Iilr. WHITE, from the Committee on Public Lands, to whom 
was referred the bUl (S. 143) to increase the endowment of the 
Louisiana State Universitj' and Agricultural College and for the 
Southern Universitj' of Louisiana, reported it without amend- 
ment, and submitted a report thereon. 

Ho also, from the same committee, to whom was referred the 
bill (S. 1342) for the relief of John R. Blankenship, reported it 
with an amendment, and submitted a report thereon. 

Mr. COCKRELL subsequently said: This morning the bill (S. 
1342) for the relief of John R. Blankenship was reported by the 
junior Senator from Louisiana [Mr. White] from the Committee 
on Public Lands. I ask that the bill and report may be recom- 
mitted in order that I may submit some additional papers to the 
committee. 



The VICE-PRESIDENT. It will be so ordered in the absence 
of objection. 

Mr. PASCO. I am directed by the Committee on Public Lands, 
to whom was referred the bill (S. 81) to relinquish the interest 
of the United States in a certain parcel of land in the city of Pen- 
sacola, Pla., to Escambia Lodge, No. 15, Free and Accepted Ma- 
sons, to i-eport it without amendment. I will submit a report 
later. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar. 

Mr. HAWLEY, from the Committee on ]Militai-y Affairs, to 
whom was referred the bill (S. 680) granting a pension to Mrs. 
Charlotte O. Van Cleve, asked to bo discharged from its further 
consideration, and that it be referred to the Committee on Pen- 
sions; which was agreed to. 

REPORT OP COMMISSION ON GEOGRAPHIC NAMES. 

Mr. MANDERSON. I am directed by the Committee on Print- 
ing, to which committee was referred a message from the Presi- 
dent transmitting the report of the board constituted to consider 
the advisability of establishing uniformity in geographic nomen- 
clature and orthography to report it back adverse to its printing, 
because it has been already printed by the House of Representa- 
tives. 

The VICE-PRESIDENT. The report will be agreed to, and 
the committee discharged from the further consideration of the 
subject. 

REVISED SENATE MANUAL FOR 1892. 

Mr. ALDRICH, from the Committee on Rules, reported the 
following resolution; which was referred to the Committee on 
Printing : 

Sesolved, That there be printed for the use of the Senate, under the direc- 
tion of the Committee on Rules, 1,500 copies of the Revised Senate Manual 
for 1S92, with corrections to January 1, 1893. 

BILLS INTRODUCED. 

Mr. HAWLEY introduced a bill (S. 1455) granting an increase 
of pension to Mary B. Hunt; which was read twice by its title, 
and referred to the Committee on Pensions. 

He also introduced a bill (S. 1456) to authorize the construction 
of an addition to the public building at Hartford, Conn.; which 
was read twice by its title, and referred to the Committee on 
Public Buildings and Grounds. 

He also introduced a bill (S. 1457) to remove the charge of de- 
sertion now standing against the name of Bartholomew Mulcahy, 
and grant him an honorable discharge; which was read twice by 
its title, and referred to the Committee on Military Affairs. 

He also introduced a bill (S. 1458) for the relief of Robert Car- 
rick, late first lieutenant of Eighth United States Cavalry; which 
was read twice by its title, and referred to the Committee on 
IMiltarv Affairs. 

Mr. CULLOM introduced a bill (S. 1459} for the relief of the 
city of Cairo, in the State of Illinois; which was i-ead twice by its 
title, and, with the accompanying papers, referred to the Com- 
mittee on Claims. 

Mr. MCPHERSON introduced a bill (S. 1460) for the relief of 
the legal administrators of Daniel McLeod, deceased; which was 
read twice by its title, and referred to the Committee on Claims. 

He also introduced a bill (S. 1401) increasing the pension of 
John P. Vca cb; which was read twice by its title, and, with the 
-ei»s^«4HfSf^S papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 1462) granting a pension to Mar- 
garet Burke; which was read twice by its title, and, with the ac- 
companying papers, referred the Committee on Pensions. 

Mr. CAMERON introduced a bill (S. 1463) for the relief of 
James A. Finley; which was read twice by its title, and referred 
to the Committee on Military Affairs. 

He also intx-oduced a bill (S. 1464) to place James T. Peale on 
the retired list of the United States Army; which was read 
twice by its title, and, with the accompanying papers, referred to 
the Committee on Military Affairs. 

He also introduced a bill (S. 1465) for the relief of Frank J. Bur- 
rows; which was read twice by its title, and referred to the Com- 
mittee on Post-Offices and Post Roads. 

He also introduced a bill (S. 1460) granting a pension to Wil- 
liam H. Baker; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Pensions. 

Mr. QUAY (by request) introduced a bill (S. 1467) defining the 
term "artists " in the act of Congress entitled "An act to pro- 
hibit the importation and migration of foreigners and aliens un- 
der contract or agreement to perform labor in the United States, 
its Territories, and the District of Columbia," approved Febru- 
ary 26, 1885; which was read twice by its title, and referred to the 
Committee on Immigration. 

He also (by request) introduced a bill (S. 1468) prohibiting en- 
listed men in the Army and Navy of the United States from per- ' 
forming service in civil life for pay or emolument, and for other 



210 



CONGRESSIONAL RECORD— SENATE. 



jAKUAliY 11, 



purposes; which was read twice by its title, and referred to the 
Committee on Military Affairs. 

He also introduced a bill (S. 1469) granting an increase of pen- 
sion to John D. Yerkes; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 



He also introduced a bill (S. 1470) granting an increase oT pcu' 
sion to Isaac N. Durborow; which was read twice by its title 
and referred to the Committee on Pensions. 

He also introduced a bill (S. 1471) granting an ine r 
sion to James Jackson Purman; which was read twiceoy its title 
and referred to the Committee on Pensions. 

Mr. WILSON introduced a bill (S. 1472) granting a pension to 
Mrs. Sarah Sehafer; which was read twice by its titl ft j ^^d i-y- k }j. 
ferred to the Committee on Pensions. ^g^gi^ |^,^ 

Mr. STOCKBRIDGE introduced a bill (S. 1473) to amend and 
reenact section 5 of an act entitled "An act to promotu the effi- 
ciency of the Lif e-Saving Service, and to encourage the saving of 
life from shipwreck," approved May 4, 1882; which was read 
twice by its title, and, with the accompanying papers, referred to 
the Committee on Commerce. 

He also (by request) introduced a bill (S. 1474) granting a pen- 
sion to Marrilla Parsons, of Detroit, Mich.; which was read twice 
by its title, and referred to the Committee on Pensions. 

He also introdiiced a bill (S. 1475) granting a pension to Gil 
Bias Wilcox; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 1476) to grant a pension to Henry 
Allett; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Pensions. 

He also (by request) introduced a bill (S. 1477) to incorporate 
the Cross-Town Railroad of the District of Columbia; which was 
read twice by its title, and referred to the Committee on the Dis- 
trict of Columbia. 

He also (by request) introduced a bill (S. 1478) to restore to 
market public lands in the States of Michigan, Wisconsin, and 
Minnesota, and to provide for the disposition of land hereafter 
surveyed in said States; which was read twice by its title, and 
referred to the Committee on Public Lands. 

He also introduced a bill (S. 1479) for the relief of George H. 
Murdoch; which was read twice by its title, and referred to the 
Committee on Military Affairs. 

He also introduced a bill (S. 1480) for the relief of James Camp- 
belle; which was read tvrice by its title, and, with the accompany 
papers, referred to the Committee on lililitary Affairs. 

Mr. HOAR introduced a bill (S. 1481) granting a pension to 
John Eckland; which was read twice by its title, and referred to 
the Committee on Pensions. 

Mr. DAVIS introduced a bill (S. 1482) granting a pension to 
MarrUla Parsons; which was read twice by its title, and referred 
to the Committee on Pensions. 

He also introduced a bill (S. 1483) for the relief of James R. 
Walker; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Indian Affairs. 

Mr. CHANDLER introduced a bill (S. 1484) in addition to the 
provisions of the Revised Statutes relative to the election of Sen- 
ators and to prevent vacancies in the Senate after elections and 
appointments have been made; which was read twice by its title, 
and referred to the Committee on Privileges and Elections. 

He also introduced a bill (S. 1485) granting a pension to James 
T. Minard ; which was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. STANFORD introduced a bill (S. 1486) granting to the State 
of California 5 per centum of the net proceeds of the cash sales 
of public lands in said State ; which was read twice by its title, 
and referred to the Committee on Public Lands. 

He also introduced a bill (S. 1487) for the relief of the heirs or 
assigns of Joshua Shaw; which was i-ead twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Claims. 

Mr. HISCOCK introduced a bill (S. 1488) to amend the act en- 
titled "An act to prevent the importation of adulterated and 
spurious teas," approved March 2, 1883; which was read twice 
by its title, and referred to the Committee on Phiance. 

He also introduced a bill (S. 1489) for the relief of Amelia R. 
Webster; which was read twice by its title, and referred to the 
Committee on Pensions. 

He also introduced a bill (S. 1490) for the relief of Benjamin F. 
Wells, sr.; which was read twice by its title, and referred to the 
Committee on Claims. 

Mr. MCMILLAN introduced a bill (S. 1491) to establish a free 
- publ^ and departmental library and reading room; which was 
read twice by its title, and referred to the Committee on the Dis- 
trict of Columbia. 

I also introduced a bill (S. 1492) to authorize the appointment 
■751 — ^ -■ " 



Tuspector of plumbing in the District of Columbia, and for 
other purposes; which was read twice by its title, and, with the 



accompanying papers, referred to the Committee on the District 
of Columbia. 

He also introduced a bill (S. 1493) to incorporate the Washing- 
ton Northeastern Street Railway Company; which was i-ead twice 
Jyyts title, and, with the accompanying papers, referred to the 



^ 



ommittee on the District of Columbia. 

He also introduced a bill (S. 1494) to create additional associate 
justices of the supreme court of the District of Columbia; which 

.s read twice by its title, and referred to the Committee on the 
udiciary. 

Ho also introduced a bill (S. 1495) to amend "An act relating 

to the supreme courtof the District of Columbia," approved June 

1870; which was read twice by its title, and referred to the 

mmittee on the Judiciary. 

Mr. STEWART introduced a bill (S.1496) for the relief of Gen. 
Napoleon J. T. Dana; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Military 
Affairs. 

He also introduced a bill (S. 1497) for the relief of P. S. Cor- 
bett; which was read twice by its title, and, with the accompany- 
ing papers, i-eferrod to the Committee on Claims. 

Mr. PASCO introduced a bill (S. 1498) for the establishment of 
additional aids to navigation in Tampa Bay, Florida; which was 
read twice by its title, and referred to the Committee on Com- 
merce. 

He also introduced a bill (S. 1499) to grant a pension to Mrs. 
Mima A. Read; which was read twice by its title, and referred 
to the Committee on Pensions. 

Ho also introduced a bill (S. 1500) for the relief of the legal 
representatives of Joseph Sierra, deceased; which was read twice 
by its title, and referred to the Committee on Claims. 

He also introduced a bill (S 1501) for the relief of William H. 
Atkins, formerly commissary sergeant. United States Army; 
wliich was read twice by its title, and referred to the Committee 
on Military Affairs. 

He also introduced a bill (S. 1502) for the relief of Luther Her- 
rick, late first lieutenant. Company A, Ninth Regiment, New 
York Cavalry; which was read twice by its title, and referred to 
the Committee on Militarj' Affairs. 

Mr. ALLEN introduced a bill (S. 1503) to establish a first-order 
light-house on North Head, Cape Disappointment, in the State 
of Washington; which was read twice by its title, and referred 
to the Committee on Commerce. 

Ho also (by request) introduced a bill (S. 1504) for the relief of 
David Dealy and Moses Younkin; which was read twice by its 
title, and referred to the Committee on Public Lands. 

Mr. MANDERSON introduced a bill (S. 1505) providing for 
the survey of a part of the northern boundary of Nebraska, and 
for other purposes; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Public 
Lands. 

He also introduced a bill (S. 1506) granting a pension to Wil- 
liam T. Hutton; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Pensions. 

Mr. SHERMAN introduced a bill (S. 1507) for the relief of 
Mathew S. Priest; which was read twice by its title, and, with 
the accompanying paper, referred to the Committee on Claims. 

He also introduced a bill (S. 1508) for the relief of William B. 
Stokes, M. M. Brien, sr., Thomas Waters, and William T. Has- 
kins; which was read twice by its title, and referred to the Com- 
mittee on Claims. 

He also introduced a bill (S. 1509) for the relief of Samuel B. 
Kepner; which was read twice by its title, and, with the accom- 
panying paper, referred to the Committee on Military Affairs. 

He also introduced a bill (S. 1510) for relief of Jacob Barr; 
which was read twice by its title, and referred to the Committee 
on Military Affairs. 

He also introduced a bUl (S. 1511) to authorize the Secretary 
of War to cause to be mustered Frank Gray; which was read 
twice by its title, and referred to the Commit"tee on Military Af- 
fairs. 

He also introduced a bill (S. 1512) granting an honorable dis- 
charge to Patrick Burke; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Military Affairs. 

He also introduced a bUl (S. 1513) granting a pension to Thomas 
S. Mattox; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 1514) to correct the military rec- 
ord of Albert Stratton; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Military Affairs. 

He also introduced a bill (S. 1515) granting a pension to the 
children of William H. Nessle; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Pensions. 



1892. 



CONGEESSIONAL llECOliD— SENATE. 



271 



I undertake to say that, if we may judge by the reduction in 
the prices of work which has obtained in contracts made for cer- 
tain river and harbor improvements under similar provisions in 
the last river and harbor act, the $100,000,000 provided in this 
bill will go as far as $150,000,000 appropriated in the ordinary 
manner. And I wish to say that the way Congress proceeds in 
providing for great public works, making an appropriation one 
rear and failing to appropriate another, making inadequate ap- 
propriations, is wasteful and almost criminal on the part of those 
ivho have the disbursement of the people's money. 

I now venture the prediction that if this bill does not pass— 
md I hardly hope it will; the committee reported it more with a 
tfiew of bringing the matter to the attention of the Senate and of 
the country, and agitating the question of coast defenses and di- 
recting public attention to it than with the hope that it would 
pass as an independent measure— Ln twenty years Congress will 
ippropriate $100,000,000 for coast defenses in an irregular andin- 
ideqate manner, which will be expended, and then$50,000,000morc 
svill be requii-ed to do the work which would be done by this ap- 
propriation if made now to bo available for eleven years. 

I wish to say also that if any voter in the United States can 
aot distinguish between a proposition to appropriate $100,000,000 
in one year to be expended in a year, and a proposition to appro- 
priate $100,000,000 to run through eleven years and to bo distrib- 
uted according to the necessities of the public work during that 
time, I care but very little about his opinion in regard to a public 
measure. 

Mr. CHILTON. Mr. President, I was unable to be present at 
the meeting of the Coast Defense Committee at which this re- 
port was ordered, but I wish to say, without particularizing my 
Dbjections at this time, that I concur with the Senator from Ar- 
tansas [Mr. Berey] in his opposition to the report. 

The VICE-PRESIDENT. The bill will be placed on the C'al- 
3ndar. 

Mr. PASCO, fi-om the Committee on Public Buildings and 
Srounds, to whom was referred the bill (S. 79) for the erection 
3f a public building at Tampa, Fla., reported it with an amend- 
ment, and submitted a report thereon. 

Mr. STANFORD. I am instructed by the Committee on Pub- 
tic Buildings and Grounds to report favorably and without 
amendment the following bills, which were passed upon by the 
committee and by the Senate at the last Congress: 

A bill (S. 237) for the erection of a public building at Water- 
bury, Conn.; 

A bill (S. lOo-l) to provide for the construction of a public 
building at Hastings, Nebr.; 

A bill (S. 297) to increase the accommodations at the marine 
hospital at Detroit, Mich.; -* 

A bill (S. 303) to provide for the erection of a public building 
Ln the city of Mansfield, Ohio; 

A bill (S. 197) providing for the erection of a public building 
at the city of Norfolk, Nebr.; 

A bill (S. 94) to provide for the purchase of a site and the 
Brection of apublic building thereon at Jacksonville, in the State 
of Illinois ; 

A bill (S. 339) for the erection of a public building at Fergus 
Falls, Minn.; 

A bill (S. 367) to provide for the pui-chase of a site and the 
erection of a public building thereon at Nashua, in the State of 
New Hampshire ; 

A bill (S. 1206) to provide for the purchase of a site and the 
erection of a public buUding thereon at Fresno, in the State of 
California (with a written report); 

A bill (S. 304) to provide for the erection of a public building 
in the city of Zanesville, Ohio ; 

A bill (S. 377) to provide for the purchase of a site and the 
erection of a public building thereon, at Grand Haven, in the 
State of I\Iichigan ; 

A bUl (S. 1207) to provide for the purchase of a site and the 
erection of a public building thereon at Alameda, in the State 
of California (with a written report) ; 

A bUl (S. 436) to provide for the purchase of a site and the 
erection of a public building thereon at Deadwood, in the State 
of South Dakota; 

A bill (S. 368) to provide for the purchase of a site and the 
erection of a public building thei-eon at Dover, in the State of 
New Hampshire; 

A bill (S. 1212) to provide for the erection of a public building 
at San Diego, Cal. (with a written report); 

A bill (S. 687) for the erection of a public building at Still- 
water, Minn.; 

A bill (S. 1214) to provide for the purchase of a site for and the 
erection of a public building at Oakland, in the State of Califor- 
nia (with a written report); 



A bUl (S. 534) to provide for the construction of a public build- 
ing at Salem, Oregon; 

A bill (S. 1215) for an extension of appropriation for the 
erection of a public building at Los Angeles, Cal. (with a writ- 
ten report); 

A bill (S. 601) for the erection of a public building for a post- 
office and United States land office at the city of The Dalles, 
Oregon; and 

A bill (S. 580) to provide a suitable site for a post-ofiBce in the 
city of Providence, R. I. 

the VICE-PRESIDENT. The bills will be placed on the Cal- 
endar and the reports printed. 

Mr. STANFORD also, from the Committee on Public Build- 
ings and Grounds, to whom were referred the following bills, re- 
ported them severally with an amendment: 

A bill (S. 55) for the erection of a public buUding at Virginia 
City. State of Nevada; 

A bill (S. 56) for the erection of a public building at Reno, 
State of Nevada; and 

A bUl (S. 591) to provide for the erection of a public building 
in the city of Grand Forks, N. Dak. 

He also', from the same committee, to whom were referred the 
tlpUowing bUls, reported them severally with amendments: 

A bill (S. 1270) to provide for the purchase of a site and the 
erection of a public building thereon at Kansas City, in the State 
of Kansas: 

A bill (S. 1045) to provide for the purchase of a site and the 
erection of a public building thereon at Leadville, in the State 
of Colorado; and 

A bill (S. 592) to provide for the erection of a public building 
in the city of Bismarck, N. Dak. 

BILLS INTRODUCED. 

Mr. WILSON introduced a bill (S. 1550) to construct a public 
building at Oskaloosa, Iowa, and for other purposes; which was 
read twice by its title, and referred to the Committee on Public 
Buildings and Grounds. 

He also (by request) introduced a bill (S. 1551) to amend sec- 
tion 707 of the Revised Statutes; which was read twice by its title, 
and referred to the Committee on the Judiciary. 

Mr. QUAY introduced a bill (S. 1552) granting a pension to 
William P. Morrison; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

He also introduced a bill (S. 1553) granting an increase of pen- 
sion to George C. Smith; which was read twice by its title, and 
referred to the Committee on Pensions. 

He a lso intr oduced a bill (S. 1554) granting an increase of pen- 
'■^mti-i^SM^tcia Hyatt; which was road twice by its title, and 
referreoTothe Committee on Pensions. 

Mr. GORMAN introduced a bUl (S. 1555) for the relief of Mrs. 
Sarah H. Wood; which was read twice by its title, and referred 
to the Committee on Claims. 

Mr. BLACKBURN introduced a bill (S. 1556) for the benefit of 
Logan and Simpson Counties and of Louisville, Ky., and of Sum- 
ner and Davidson Counties, Tenn.; which was read twice by its 
title, and referred to the Committee on Claims. 

He also introduced a bUl (S. 1557) for the relief of the estate of 
Mary H. S. Robertson; which was read twice by its title, and re- 
ferred to the Committee on Claims. 

He also introduced a bill (S. 1558) to remit the penalties onthe 
dynamite-gun cruiser Vesuvius; which was read twice by its title, 
and referred to the Committee on Naval ASairs. 

]\Ir. WHITE (by request) introduced a bill (S. 1559) for the re- 
lief of Alberie Duplantier, of East Baton Rouge, La., for stoi-es 
and supplies taken from him by the military forces of the United 
States for their use during the war for the suppression of the re- 
bellion; which was read twice by its title, and referred to the Com- 
mittee on Claims. 

He also (by request) introduced a bill (S. 1560) for the relief 
of W. R. Wimbish, of West Feliciana, La., for stores and sup- 
plies taken from him by the military forces of the United States 
during the war for the suppression of the rebellion; which was 
read twice by its title, and referred to the Committee on Claims, 

He also (by request) introduced a bill (S. 1561) for the relief of 
the heirs of HerminaMartel, wife of B. Martel, of St. Landry 
Parish, La.; which was read twice by its title, and referred to the 
Committee on Claims. 

He also introduced a bUl (S. 1562) for the relief of the heirs of 
Mrs. B. W. F. Chevis; which was road twice by its title, and re- 
ferred to the Committee on Claims. 

Mr. STOCKBRIDGE introduced a bill (S. 1563) providing for 
the erection of a public building at the city of Battle Creek, JMjch. ; 
which was read twice by its title, and referred to the Committee 
on Public Buildings and Grounds. - „ . 

Mr. GORMAN introduced a bill (S. 1564) for the reUef of Pat- 



212 



CONGEESSIONAL RECORD— SENATE. 



JA2^UA11Y 12, 



rick H. Philbiu; which was read twice by its title, and referred to 
the Committee on Naval Affairs. 

Mr. PETTIGREW introduced a bill (S. 1565) for the relief of 
the heirs of D. PuKord; which was read twice by its title, and 
referred to the Committee on Claims. 

Ho also introduced a bill (S. 1506) granting an increase of pen- 
sion to Michael Ackorman; which was read twice by its title, and 
referred to the Committee on Pensions. 

He also introduced a bill (S. 1567) granting an increase of pen- 
sion to David S. Clark; which was read twice by its titlc^and re- 
ferred to the Committee on Pensions. 

He also introduced a bill (S. 1568) to remove the charge of de- 
sertion from William H. H. Cook; which was read twice by its 
title, and i-eterred to the Committee on Military Affairs. 

He also introduced a bill (S. 1569) granting an increase of pen- 
sion to Thomas B. Davis; which was read twice by its title, and 
referred to the Committee on Pensions. 

Mr. JONES of Arkansas introducedabill(S.1570)fortheerec- 
tion of a public building at Pine Bluff, Ark.; which was read 
twice by its title, and referred to the Committee on Public Build- 
ings and Grounds. 

Mr. COLQUITT (by request) introduced a bill (S. 1571) to reg- 
ulate liquor licenses in the District of Columbia; which was read 
twice by its title, and referred to the Committee on the District 
of Columbia. 

Mr. PADDOCK introduced abillfS. 1572) granting an increase 
of pension to H. Cook Griffith; which was read twice by its title, 
and referred to the Committee on Pensions. 

He also introduced a bill (S. 1573) granting a pension to Kate 
A. S. Connor; which was read twice by its title, and referred to 
the Committee on Pensions. 

He also introduced a bill (S. 1574) to provide for the purchase 
of a site and the erection of a public building thereon at Grand 
Island, in the State of NebrasKa; which was read twice by its 
title, and referred to the Committee on Public Buildings and 
Grounds. 

Mr. MANDERSON introduced a bill {S. 1575) providing for 
the erection of a public building at the city of Plattsmouth, 
Nebr., and for other purposes; which was read twdceby its title, 
and referred to the Committee on Public Buildings and Grounds. 

He also introduced a bill (S. 1576) providing for the erection 
of a public building at the city of Norfolk, Nebr.; which was 
read twice by its title, and referred to the Committee on Public 
Buildings and Grounds. 

Mr. CHILTON introduced a bill (S. 1577) for the relief of Mrs. 
Emma M. Moore; which was read twice by its title, and referred 
to the Committee on Claims. 

Mr. PERKINS introduced a joint resolution (S. R. 27) provid- 
ing that the statute of limitations shall not be interposed as a 
defense by the United States in the Court of Claims in suits 
wherein laborers, workmen, and mechanics are seeking to re- 
cover for wages due; which was read twice by its title. 

Mr. PERKINS. I am not certain whether the joint resolution 
should bo referred to the Committee on the Judiciary or the 
Committee on Claims. 

The VICE-PRESIDENT. It will be referred to the Commitr 
tee on the Judiciary, in the absence of objection. 

Mr. STEWART introduced a joint resolution (S. R. 28) pro- 
viding for the preparation, printing, and distribution of a law 
subject catalogue of the books in the United States Supreme 
(^ourt law library; which was read twice by its title, and re- 
ferred to the Committee on Printing. 

SUPPRESSION OF AFRICAN SLAVE TRADE. 

Mr. SHERMAN, from the Committee on Foreign Relations, 
I'eported the following resolution; which was read, and referred 
to the Committee on Printing: 

IlfSolv((l, That there be printed for distribution by the Senate 5,000 copies 
of "A gener,al act, signed at Brussels July 2, 1890, by the plenipotentiaries of 
the United States and other powers for the suppression of the African slave 
trade," and of "A convention of commerce and navigation between the 
United States and the Independent State of Congo, signed at Brussels, Janu- 
ary 24. 1891." as amended, with the proceedings of the Senate thereon. 

WITHDRAWAL, OF PAPERS. 

On motion of Mr. WASHBURN, it was 

O^ffred, That certaiumemorials and resolutions of commercial, industrial, 
and professional bodies presented March 3, 1891, be withdrawn from the flies 
of the Senate. 

On motion of Mr. MITCHELL, it was 

Ordered, That the p.apers relating to the claim of PeterGrant Stewart, of 
Oregon, be taken from the flies and referred to the Committee on Claims. 

PRINTING OF BILL. 

Mr. CHANDLER submitted the following resolution; which 
was considered by unanimous consent and agreed to : 

Eeeolved, That there be printed In document form for use of the Senate 500 
additional copies of Senate bill No. 1127, entitled "A bill to enlarge the ship- 
room and Increase the comfort of Immigrants." 



LIFE-SAVING APPLIANCES. 

Mr. HOAR submitted the following order; which was consid- 
ered by unanimous consent, and agreed to : 

Ordered, That the Secretary of the Treasury be directed to communicate 
tn t he Senate the proceedings of the Board of Supervising Inspectors of Steam 
Vessels at Its sessions extending from September 28 to October 10, 1891, in re- 
gard to the matter of life-saving appliances on steamers, including all com- 
muuications made to said board on the subject, whether in support of or ad- 
verse to the repeal of the present law, and all other documents and evideu'" 
relating to the use of projectiles and other life-saving appliances, which w,!' 
before said board. 

SANITARY CONDITION OF BASEMENT OF CAPITOL. 

Mr. HALE. I offer an order, and ask for its immediate ])as- 
sage. 

The order was read, as follows: 

Ordered, That the Architect of the Capitol be, and he is hereby, directed to 
report forthwith to the Senate the concfition of the Senate end of the Capitol 
in respect to its ventilation, drainage, and plumbing, and to state fully 
whether any defects exist Avhich unfavorably afiect the sanitary condition of 
the building. 

Mr. HALE. Mr. President, I do not offer this order with a 
view of easting any censure or reproach upon the Architect of 
the Capitol, whom I believe to be a faithful and competent oSfi- 
ccr; but I have been informed that there is a condition of affairs 
in the basement or sub-basement of this end of the Capitol that is 
dangerous to every employ6 and to members of this body. 
Whether it be true I do not know, but I am informed that the 
board of health of this District has been invoked and has visited 
this end of the Capitol in the lower stories, and has found there 
a condition of things which may well be alarming to every one. 

If that is the case, and if extensive changes are needed and 
new plumbing and new drainage required, the hands of the Arch- 
itect ought to be upheld and strengthened; and if larger appro- 
priations than are now available at his control are needed this is 
a subject of importance to everybody and ought to be acted upon 
at once; and I have made the order in its language require an 
immediate report. I hope that nobody will object to its passage. 

The VICE-PRESIDENT. Is there objection to the immediate 
consideration of the resolution? 

Mr. HARRIS. Is it a resolution? It it is a proposition for ac- 
tion I should like to know what it is. I did not hear it. 

The VICE-PRESIDENT. It is the order submitted by the 
Senator from Maine. 

Mr. HALE. Let it be read again for the information of the 
Senator. 

The VICE-PRESIDENT. The order will be again read. 

The Chief Clerk again read the proposed order. 

Mr. HARRIS. The order ought to be adopted at once. 

The resolution was considered by unanimous consent, and agreed 
to. 

MEXICAN COMMISSION AWARDS. 

Mr. MORGAN. I submit a resolution calling for information; 
and I a.>;k for its immediate consideration. 

The resolution was read, as follows: 

Itesolred, That the Secretary of .Stat« be directed to send to the .Senate a 
statement of the amount of money paid, and the date of each payment, by 
Mexico in compliance with the awards of the commissioners, or the umpire, 
made under the convention concluded between Mexico and the United States 
of America, concluded July 4, 18C8; and, also, a statement of the amount paid 
out of said fund to each claimant thereof; towhompald, and the dat« of pay- 
ment. And the amount of any award made under said convention that has 
been reftised payment by the State Department, and what person or persons 
are now the claimants of interests in said awards, the payment of which has 
been so refused. 

The Secretary of State will also inform the Senat-e whether any of said fund, 
remaining in tiie Department of State, is invested, and, if so, in what securi- 
ties the same is invested. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the resolution ? 

Mr. CHANDLER. I do not want to object, but I did not catch 
the statement as to what the resolution does. 

Mr. MORGAN. The resolution calls for a report from the De- 
partment of State as to the condition and state of the fund under 
the convention with Mexico of July 4, 1868. It is the Weil and 
La Abra matter. 

Mr. CHANDLER. I make no objection. 

The resolution was considered by unanimous consent,and agreed 
to. 

BUSINESS BEFORE COURT OF CLAIMS. 

Mr. MITCHELL. There is a resolution on the table that I in- 
troduced yesterday relating to the busuiess before the Court of 
Claims. I ask that it may lie over until to-morrow. It is not 
necessary to road it. Let it go over. 

The VICE-PRESIDENT. The resolution will lie over until 
to-morrow. 

ESTATE OF JAMES C. BOOTH. 

The VICE-PRESIDENT. Is there further morning business? 
If not, that order is closed and the Calendar is in order. The 
first bill on the Calendar will be stated. 



I 



1892. 



CONGRESSIONAL EECOED— SENATE. 



283 



Ml-. QUAY presented the petition of Benjamin F. Brunei-, of 
Lancaster County, Pa., praying to be allowed an ui valid pension: 
which, was referred to the Committee on Pensions. 

Mr. HISCOCK. I present resolutions and petition of the New 
York Cotton Exchange, remonstrating against the passage of Sen- 
ate bill 685, levying a tax on sales for future delivery of cotton, 
etc., on the ground that it would necessitate the closing up of the 
commercial exchanges of the country, and asking Congress to re- 
frain from legislation of the kind. 

I ask that the resolutions and petition be printed in the Recoed. 
I believe tiie bill to which the paper refers was introduced by 
the Senator from Minnesota [Mr. Washbukn] and referred to 
the Committee on the Judiciary. 

The VICE-PRESIDENT. The Chair is advised that the bill 
was referred to the Committee on Agriculture and Forestry. 

Mr. HISCOCK. I understand not. The paper refers to the 
bill which was introduced by the Senator from Minnesota [Mr. 
Washbukn], and that bill was referred to the Committee on the 
Judiciary. I inquii-o of the Senator from Nebraska [Mi-. Pad- 
dock] if there has been a like bill referred to the Committee on 
Agriculture? 

Mr. PADDOCK. There are three or tour bills pending before 
the Committee on Agriculture on this subject. There is one, and 
possibly there are two, of like import pending before the Com- 
mittee on Interstate Commerce, and there is one before the Com- 
mittee on the Judiciary. It seems to me that it would be wise to 
have all these bills in some one oominitteo and to have one com- 
mittee charged with the responsibility of considering the whole 
subject and reporting upon it to the Senate. I have no particular 
personal interest in the matter and no concern about it, except 
to have the subject fairly and thoroughly treated. It seems to 
mg to be a subject that would properly come within the jurisdic- 
tion of the Agricultural Committee. However, I have no care or 
solicitude as to the particular committee to which the subject 
shall be referred. 

Ml-. HISCOCK. It seems to me all the bills on this subject 
ought to be referred to the Committee on Interstate Commerce, 
as the power to tax depends upon the theory that the properties 
come within interstate commerce; but I do not desire to make 
any motion on the subject. I merely rose for the purpose of sug- 
gesting that the paper which I ])resented, referring, as it does, 
to the bill of the Senator from Minnesota, should be referred to 
the same committee to which the bill was referred. 

Mr. PADDOCK. Undoubtedly it should be, Mr. President. 

Mr. WASHBURN. I conferred with the Senator from Ne- 
braska[Mr. Paddock], as I had some doubt in regard to the refer- 
ence of the bill when I introduced it. It should probably have 
gone to the Committee on Agriculture, but as I felt that it was 
pretty sure ultimately to be referred to the Judiciai-y Committee 
for a final report, I thought I would ask the reference of the bill 
in the first place to that committee, as I desired to have an early 
i-eport and earlj^ discussion and action on the bill. 

So far as the printing in the Record of the memorial, or pro- 
test, or argument, or whatever it is, which has been presented 
by the Senator from New York [Mr. Hiscock] is concerned, I 
should have no objection to that proposition, excepting that itis 
not, as I understand, in accordance with the practice of the Sen- 
ate. If that is done in this case I have a volume of memorials 
on the same subject, which I shall ask to have printed also in the 
same form. 

Ml-. HISCOCK. I withdi-aw tie request for the printing of 
the paper in the Record. 

The VICE-PRESIDENT. The petition will be referred to the 
Committee on the Judiciary if there be no objection. 

Mr. COCKRELL. I desire to present preamble and resolu- 
tions which were adopted at a meeting of the merchants, manu- 
factm-ers, and representatives of the municipal government of 
the city of St. Louis, held at the Merchants' Exchange on No- 
vember 24, 1891, in regard to the improvement of the Mississippi 
River, and especially that portion of it between St. Louis and the 
mouth of the Ohio River, and also containing a report of the leg- 
islative committee presented at a meeting of the executive com- 
mittee held on Januai'y 6, 1892, in which they favor an appi-opri- 
ation of $11,000,000 for the improvement of the river from the 
mouth of the Illinois River to the mouth of the Ohio River, said 
sum to be expended under the direction of the Secretary of War; 
and further requesting the Senators and Representatives in Con- 
gress from Iilissoiu-i to support Senate bill 1199, introduced by 
Senator Gibson, of Louisiana, entitled "A bill to improve the 
navigation and to atlord ease and safety to the trade and com- 
merce of the Mississippi River, and to prevent destructive floods, 
by building and repairing- and extending the levees and dikes 
and other works, with an appropriation therefor." Nearly all 
the representative bodies and organizations of St. Louis are rep- 
i-esented in the membership of the executive committee. 



I ask that these resolutions and preamble may be received and 
refei'red to the Committee on Commerce, 
The VICE-PRESIDENT. They wiU be so referred. 

PRINTING OF A PETITION. 

Mr. ALLISON. I ask that a petition in the nature of a reso- 
lution, adopted by the Eleventh Annual Farmers' Congress, held 
at Sehalia, Mo., which I presented on the oth instant, praying for 
legislation impartial in its advantages and benefits, favoring the 
election of the President and United States Senators by a direct 
vote of the people, etc., may be printed as a document. It is 
brief, and I think for the convenience of Senators it should be 
printed. 

The VICE-PRESIDENT. The i^etition will be printed as a 
docmnent, if there be no objection. The Chair hears none, and 
itis so ordered, 

PERSONAL EXPLANATION. 

Mr, GORDON: Mr. President, I ask the privilege of inter- 
rupting the regular order long enough, at this stage, to make a 
personal explanation and to give the reason for my absence from 
the regular meeting of the Committee on Coast Defenses, which 
met yesterday. 

In looking over the printed list of the committees as recorded 
in the daily Record I found that the name of my distinguished 
friend from Maryland [Mr. Gorman] was mentioned as a mem- 
ber of that committee, and not myself. I therefore naturally 
concluded that I was not a member of the committee and that the 
first announcement was a mistake . This was my reason for being 
absent. That misapprehension having been removed, I shall in 
the future bo present at its meetings. 

Now that I am on my feet, if the Senate will indulge mo, I wish 
to make one other explanation. While the bill reported favor- 
ably from that committee yesterday morning is one of great im- 
portance, and merits grave consideration, yet had I been pres- 
ent I should have felt constrained, in the present condition of 
the country and of the people, to have vot-ed against its favorar 
ble report. There are, I think, no war clouds visible to give us 
unusual concern or alai-m. No man will be more prompt than 
myself in voting money for the country's defense whenever the 
exigencies shall demand it, and to any amount required for de- 
fense. It does seem to me, however, that the country is in much 
greater danger from the burdens of taxation from which the peo- 
ple are suffering than fi-om any invasion from a foreign foe. It 
occurs to me, therefore, that it would be wiser for us to rather 
curtail than increase expenditures, and thus avoid the necessity 
for raising such large sums from the people. Let us first relieve 
our people, as far as we may, from the present exactions of tax- 
ation and then, when the occasion arises, look to the remote and 
contingent danger from outside. 

REPORTS of COMMITTEES. 

Mr. DAVIS, from the Committee on Pensions, to whom was 
referred the bill (S. 1379) to pi-ovide for a pension for Obe Suth- 
erland, late a teamster in the Quartermaster's Department of the 
United States Volunteer Ai-my, reported it vrMi an amendment, 
and submitted a report thei-eon. 

Mr. DOLPH, from the Committee on Commerce, to whom was 
referred the biU (S. 1.503) to establish a first-order light-house on 
North Head, Cape Disappointment, in the State of Washington, 
reported it without amendment. 

Mr. PASCO, from the Committee on Public Buildings and 
Grounds, to whom was referred the bill (S. 80) providing for the 
completion of the public building- in the city of Peusacola, Fla., 
as originally designed, reported it without amendment, and sub- 
mitted a report thereon. 

Mr. STEWART, from the Committee on Claims, to whom was 
referred the bUl (S. 53) to reimburse certain persons who ex- 
pended moneys and furnished services and supplies in repelling 
invasions and suppressing Indian hostilities within the territo- 
rial limits of the present State of Nevada, reported it without 
amendment, and submitted a report thereon. 

Mr. CAREY, from the Committee on Public Buildings and 
Grounds, to whom was referi-ed the bill (S. 522) for the erection 
of a public building at Cheyenne, Wyo., reported it with amend- 
ments. 

Mr. MITCHELL, from the Committee on Claims, to whom was 
referred the bUl (S! 211) for the relief of the sureties of Dennis 
Murphy, reported it without amendment, and submitted a report 
thereon, 

Mr. PADDOCK, from the Committee on Agriculture and For- 
estry, to whom was referred the bUl (S. 1) for preventing the 
adulteration and misbranding of food and drugs, and for other 
purposes, reported it with amendments. 

Mr. PADDOCK. The Committee on Agriculture and For- 
estry have bad under consideration the bill (S. 1434) providing 
for the loan of money to the fanners of Indiana, and have in- 



284 



CONGRESSIONAL RECORD— SENATE. 



Jajsiuary 13, 



structed me to report it back to the Senate and ask to be relieved 
from the further consideration of the proposition. As the bill 
relates exclusively to the subject of finance it clearly belongs, \vc 
think, to the jurisdiction of the committee having charge of all 
finance measures, and I am therefore instructed, without any ex- 
pression whatever as to the views of the committee respecting 
the merits of the proposition itself, to move that it be referred 
to the Committee on Finance. I call the attention of the Sena- 
tor from Kansas [Mr. Peffer] to this report, who, as the Record 
Bhows, introduced the bill by request. 

The VICE-PRESIDENT. The Committee on Agriculture and 
Forestry will be discharged from the further consideration of the 
bill, and it will be referred to the Committee on Finance if there 
be no objection. The Chair hears none, and it is so ordered. 

MESSAGE FKOM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House'had passed 
a bill (H. R. 123) fixing the time for holding the district and cir- 
cuit courts of the United States in the northern district of Iowa; 
in which it requested the concurrence of the Senate. 

BILLS INTRODUCED. 

Mr. HOAR introduced a bill (S. 1578) for the relief of the First 
National Bank of Newton, Mass.; which was read twice by its 
title, and referred to the Committee on Claims. 

Mr. SAWYER introduced a bill (S. 1579) to establish the port 
of Ashland, in the State of Wisconsin, as a port of entry; which 
was road twice by its title, and referred to the Committee on Com- 
merce. 

Mr. Mcpherson introduced a bill (S. 1580) granting an in- 
crease of pension to Frances A. T. Emmons; which was read 
twice by its title, and referred to the Committee on Pensions. 

Mr. COCKRELL introduced a bill (S. 1581) for the relief of 
Mary J. Bealmear; which was read twice by its title, and re- 
ferred to the Committee on Claims. 

He also introduced a bill (S. 1582) for the relief of Henry M. 
Cannon, administrator of the estate of James Cannon, deceased; 
which was read twice by its title, and referred to the Committee 
on Claims. 

Mr. CARLISLE introduced a bill (S. 1583) to provide for mili- 
tary telegraph lines; which was read twice by its title, and re-, 
ferred to the Committee on Military Affairs. 

Mr. WHITE introduced a bill (S. 1584) for the relief of Chris- 
tina A. Relf; which was read twice by its title, and referred to 
the Committee on Indian Affairs. 

Ho also introduced a bill (S. 1585) for the relief of the New Or- 
leans and Bayou Sara Mail Comjiany; which was read twice by its 
title, and referred to the Committee on Claims. 

Mr. TUKPIE introduced a bill (S. 1580) to reimburse Isaac D. 
Armstrong for stolen bonds; which was read twice by its title, 
and referred to the Committee on Claims. 

Mr. BBICE introduced a bill (S. 1587) providing for the com- 
pensation of fourth-class postmasters; which was read twice by 
its title, and referred to the Committee on Post-Offices and Post- 
Roads. 

He also introduced a bill (S. 1588) for the relief of Charles B. 
Stivers; which was read twice by its title, and referred to the 
Committee on Military Affairs. 

Mr. KYLE introduced a bill (S. 1589) to repeal section 3699 
of the Revised Statutes, which empowers the Secretary of the 
Treasury to anticipate interest upon the public debt; which was 
I'ead twice by its title, and referred to the Committee on Finance. 

Ho also introduced a bill (S.1590) making certain issues of 
money a full legal tender in payment of all debts; which was read 
twice by its title, and referred to the Committee on Finance. 

MCMILLAN introduced a bill (S. 1591) to amend an act 
entitled "An act for the further protection of property from fire 
and safety of lives in the District of Columbia," approved Janu- 
ary 26, 1887; which was read twice by its title, and referred to the 
Committee on the District of Columbia. 

He also intrndueeda bill (S. 1592) to amend an act en titled "An 
acTTe^amend the general incorporation law of the District of 
Columbia," approved May 17, 1882; which was read twice by its 
title, and referred to the Committee on the District of Columbia. 

Mr. WASHBURN introduced a bill (S. 1593) for the relief of 
George P. Brott; which was read twice by its title, and referred 
to the Committee on Claims. 

Mr. HISCOCK introduced a bill (S. 1594) to increase the pen- 
sion of Elizabeth Doshler Whiting, widow of Lieut. Henry Whit- 
ing; which was read twice by its title, and referred to the Com- 
mittee ou Pensions. 

He also introduced a bill (S. 1595) for the relief of Alexander 
Van Loan, private Company B, Fourth New York Heavy Artil- 
lery; which was read twice by its title, and referred to the Com- 
mittee on Pensions. 



Mr. STOCKBRIDGE introduced a bill (S. 1596) to grant a pen- 
sion to Martha Noble Brainerd; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee on 
Pensions. 

Ho also introduced a bill (S. 1597) to amend an actentitled "An 
act granting the right of way to the Hutchison and Southern 
Railroad Company to construct and operate a railroad , telegraph , 
and telephone line from the city of Anthony, in the State of 
Kansas, through the Indian Territorj', to some point in the 
county of Grayson, in the State of Texas," approved September 
26, 1890; which was read twice by its title, and referred to the 
Committee on Indian Affairs. 

Mr. GALLINGiJR introduced abill f S. 1598) to insure preference 
in appointment, employment, and retention therein, in the public 
service of the United States, to veterans of the late war; which 
was read twice by its title, and referred to the Committee on 
Civil Service and Retrenchment. 

Mr. PERKINS introduced a bill (S. 1599) to create a third di- 
vision of the district of Kansas for judicial purposes, and to fix 
the time and place for holding Federal courts therein; which was 
read twice by its title, and referred to the Committee on the Judi- 
ciary. 

Mr. CAREY introduced a bill (S. 1600) to provide for the com- 
pletion and repair of quarters, barracks, and stables at Forts 
Washakie and McKinney,Wyo.; which was read twice by its title, 
and referred to the Committee on Jlilitary Affairs. 

He also introduced a bill (S. 1601) to provide for the creation 
of the Ogden land district, in the Territory of Utah; which was 
read twice by its title, and referred to the Committee on Public 
Lands. 

He also introduced a bill (S. 1602) granting a right of way on 
the Fort Douglas militai-y reservation, in the Territory of Utak; 
which was read twice by its title, and referred to the Committee 
on Military Affairs. 

He also introduced a bill (S. 1603) for the relief of the inhabit- 
ants of the town of Ferron, county of Emery, Territory of Utah; 
which was read twice by its title, and referred to the Committee 
on Public Lands. 

He also inti-oduced a bill (S. 1604) to provide for the creation 
of a fourth judicial district in the Territory of Utah; which was 
read twice by its title, and referred to the Committee on the 
Judiciary. 

Ho also introduced a bill (S. 1605) granting a I'ight of way 
through certain lands of the United States in the Territory of 
Utah: which was read twice by its title, and referred to the Com- 
mittee on Military Affairs. 

He also introduced a bill (S. 1606) to provide for tlie reorgani- 
zation of the judiciary of the Territory of Utah; which was read 
twice by its title, and referred to the Committee on the Judiciary. 

He also introduced a bill (S. 1607) to amend the charter of the 
Rock Creek Railroad Company; which was read twice by its 
title, and referred to the Committee on the District of Columbia. 

Mr. PASCO introduced a bill (S. 1608) to make Punta Gorda, 
Fla., a port of entry; which was read twice by its title, and re- 
ferred to the Committee on Commerce. 

Mr. CULLOM introduced a bill (S. 1609) for the relief of Joseph 
W. Parish; which was read twice by its title, and referred to the 
Committee on Claims. 

Mr. GIBSON of Louisiana introduced abill (S. 1610) to increase 
the endowment of the Louisiana State University and Agricul- 
tural and Mechanical College, and for the Southern University 
of Louisiana; which was road twice by its title, and referred to 
the Committee on Public Lands. 

Mr. GORMAN introduced a bill (S. 1011) to provide for the 
purchase of additional land in the square now occupied by the 
custom-house in the city of Baltimore, Md.. and for the prepara- 
tion of plans and specificat ions for a new custom-house building; 
which was read twice by its title, and referred to the Committee 
on Public buildings and Grounds. 

He also introduced a bill (S. 1612) to compensate Thomas G. 
Hayes for legal services rendered under direction of the Attor- 
ney-General; which was i-ead twice by its. title, and i-eferred to 
the Committee on the Judiciary. 

Mr. MORGAN (by request) introduced a bill (S. 1613) for the 
relief of Charles A. do Arnaud; which was read twice by its title, 
and referred to the Committee on Claims. 

Mr. TELLER introduced a bill (S. 1614) for the relief of Rev. 
William J. Larkin; which was read twice by its title, and referred 
to the Committee on Militai'y Affairs. 

Mr. Mcpherson introduced a bill (S. 1616) for the purchase 
of a site and the erection of a public building thereon in the city 
of Elizabeth, N. J.; which was read twice by its title, and referred 
to the Committee on Public Buildings Jind Grounds. 

Mr. KYLE introduced a joint resolution (S. R. 29) proposing 
an amendment to the Constitution of the United Statesrelating' 
to marriage and divorce; which was read twice by its title- 



1892. 



CONGRESSIONAL EECOED— SENATE. 



285 



Mr. KYLE. I desire that the joint resolution shall lie on the 
table for the time beintr, and I give notice that at an earlyday I 
shall move to take up the measure and refer it to the Judiciary 
Committee; and I also give notice that at that time I shall make 
a few remarks pertaining to the joint resolution. 

The VICE-PRESIDENT. The joint resolution will he on the 
table for the present. . 

Mr HISCOCK (by request) introduced a ]omt resolution (b. 
R. 30) for the relief of Charles Stoughton, in reference to his 
services in the Harlem River improvement project, New York; 
which was read twice by its title, and referred to the Committee 

on Claims. . ,o -o ■)i\ 

He also (by request) introduced a ]oint resolution (b. K. Jl) au- 
thorizing and requiring the Secretary of War to contract with 
Charles Stoughton for the completion of the Harlem River Canal 
from the Hudson River to the upper end of Randalls Island, com- 
mencing the work where the present contractor leaves it, and for 
the enti1-e work of excavating a canal through the Harlem Kills 
from the upper end of Randalls Island to the deep water of Long 
Island Sound; each channel to be 250 feet wide and 1.5 feet deep 
at mean low water, except where previous work on the Harlem 
River channel has exceeded these dimensions; both to be com- 
pleted on or before the 31st day of May, 1893; the contract price 
for the completion of the Harlem River Canal to be $970,000; the 
work to be carried out in strict accordance with Col. Newton's 
official survey report, as sent up to Congress February 22, 1875, 
except that the width shall be 250 feet, as above stated, instead 
of 350 feet; the contract price for the Harlem Kills Channel to 
be $1,0.50,000; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Commerce. 
SECURITY OF DISTRICT BUILDINGS. 
Mr. McMillan submitted the following resolution: 
was considered by unanimous consent, and agreed to: 

Eesoh-td, That the Commissioners of the District of Columbia be. and are 
hereby directed to inquire into and to report to the Senate, as soon as prac- 
ticable if any of the public halls, theaters, or other public buildings within 
the District of Columbia are specially dangerous to life m case of fire or 
panic by reason of height of the auditorium above the street, lack of direct 
and capacious exits, the presence of boilers or furnaces under the auditorium 
or stairways leadiug thereto, defective construction, or for any other causes. 

COMMITTEE ON RELATIONS WITH CANADA. 

Mr. HOAR submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

Jlesotced, That the Committee on Relations with Canada shall hereafter be 
one of the standing committees of the Senate. 

EXTENSION OP FREE MAIL, DELIVERY. 

'Mv. HANSBROUGH submitted the following resolution; 
which was considered by unanimous consent, and agreed to: 

Resolved. That the Postmaster-General be, and he is hereby, instructed to 
{nmish the Senate of the United States with all the information that may be 
on file in his Department, including copies of reports and statements of post- 
offlce inspectors and others, relative to the question of extending the free- 
delivery system to rural communities, or for substituting said system for 
that of the present star-route service, as far as the same may be found prac- 
ticable. 

REPORT OF HENRY W. ELLIOTT. 

Mr. MORGAN submitted the following resolution; which was 
read: 

Resolved, That the Secretary of the Treasury is directed to furnish for the 
Information of the Senate a copy of the report of Henry W. Elliott, made in 
obedience to the order of an act of Congress approved April 5, 1890, -with all 
maps and Illustrations that accompany it. 

Mr. COCKRELL. "What does the act refer to? 

;Mr. MORGAN. Mr. Elliott was sent out and made his report 
to the Secretary of the Treasury as required by act of Congress, 
and it is very desirable and it is very important that that report 
should be furnished. 

Mr. CHANDLER. I ask that the resolution may be again re- 
ported. 

The VICE-PRESIDENT. The resolution will be again read. 

The Chief Clerk read the resolution. 

The resolution was considered by unanimous consent, and 
agreed to. 

HOUSE BILL REFERRED. 

The bill (H. R. 123) fixing the time for liolding the district 
and circuit courts of the United States in the northern district 
of Iowa was read twice by its title, and referred to the Committee 
on the Judiciary. 

COMMITTEE SERVaCE. 

Mr. DOLPH. I ask to be relieved from service as chairman 
of the Committee on Coast Defenses, retaining a position upon 
the committee as a member. 

The VICE-PRESIDENT. The Senator from Oregon will be 
excused, if there be no objection. 

Mr. CULLOM. I move that the Senator from Oregon [Mr. 
Dolph] be made chairman of the Committee on Public Lands. 

The VICE-PRESIDENT. The question is on the motion of 




the Senator from Illinois, that the Senator from Oregon [Mr. 
Dolph] be made chairman of the Committee on Public Lands. 

The motion was agreed to. 

Mr. CAREY. I ask to be relieved from further service upon 
the Committee on Patents. 

The VICE-PRESIDENT. The Senator from Wyoming will 
be excused, if there be no objection. 

Mr. CULLOM. I move that the Senator from Kansas [Mr. 
Perkins], who succeeds the late Senator Plumb, be made a mem- 
ber of the Committee on Patents, a member of the Committee on 
the District of Columbia, and a member of the Select Committee 
on the Transportation and Sale of !Meat Products. 

The VICE-PRESIDENT. The question is on the motion made 
by the Senator from Illinois. 
'The motion was agreed to. 

Mr. CULLOil. I move that the Senator from Wyoming [Mr. 
Carey] be made a member of the Committee on Public Lands. 

The motion was agreed to. 

BUSINESS BEFORE THE COURT OP CLAIMS. 

Mr. MITCHELL. If the regular morning business is through 
I desire to call up the resolution I submitted on the 11th instant, 
and I ask that it be read, as I desire to submit a few remarks in 
relation to it. 

The VICE-PRESIDENT. The resolution will be read. 

The Chief Clerk read the resolution submitted by Mr. Mitch- 
ell January 11, 1892, as follows; 

Resolved. That the Committee on the Judiciary be, and it Is hereby, in- 
structed to make inquiry as to what legislation, If any, should be enacted by 
Congress for the purpose of relie\-lng the Court of Claims in the transaction 
of hiisiWs before that com-t. and for expediting such btisiness, and to report 
toj^f^aate by bill or otherwise at its earliest convenience. 

r. MITCHELL. Mr. President, the purpose of this resolu- 
tion is to bring speedily to the attention of the Senate the press- 
ing necessity for such early legislation as will tend to expedite 
the transaction of business now pending, and which, with alarm- 
ing rapidity, is constantly accumulating on the calendar of the 
Court of Claims, and which will bring relief to the judges of and 
litigants in that overburdened court. Nothing, it seems to me, 
except a total lack of information as to the amount, importance, 
and state of the business now pending in that court would justify 
opposition to some proper and speedy legislation on this subject. 
The startling facts presented in the report of the Attorney-Gen- 
eral and those of his assistants are of themselves amply sufficient 
not only to justify but induce appropriate and speedy action by 
Congress looking to the relief of both court and litigants. 

During the past few Congresses various acts have been passed 
largely increasing the jurisdiction of that court, and which, taken 
together, have resulted in an avalanche of cases that literally 
overwhelm the court, not merely by the number of cases on the 
calendar, but also by the magnitude of the interests and amounts 
involved. Whereas originally the jurisdiction of the court at- 
tached only to cases arising under contract, express or implied, 
now, thei-e are in all, under existing laws, no less than seven 
sources of jurisdiction, namely, general; specially conferred; Con- 
gressional, under what are known as the Bowman aud_ Tucker 
acts; French spoliation claims; Indian depredation claims; de- 
partmental; and District of Columbia. And while this constant 
enlargement of jurisdiction has been going on nothing has been 
done of a material character either to enlarge the court or 
strengthen the aids of the court by increase of clerical force or of 
the assistants to the Attorney-General, whose Department must, 
in the protection of the interests of the Government, look after 
and give attention to this vast amount of business. The only 
legislation that has been enacted which in any manner tends to 
lessen the accumulation of business in the Court of Claims is the 
act of March 3, 1887, conferring upon the circuit and district 
courts of the United States concurrent jurisdiction in a certain 
specified class of cases with the Court of Claims. 

Under this act, as appears from the report of the Assistant 
Attorney-General in charge of the business of the Department 
of Justice in the Court of Claims, there have since its passage 
been 951 suits brought, 828 of which have been decided, and 123 
of which are still pending. But notwithstanding this diversion 
of business, the startling fact remains that there are now, or 
were at the date of the report of the Assistant Attorney-General, 
November 5 last, 19,117 eases pending on the dockets of the 
Court of Claims. Of these, 1,271 cases arise under general and 
special jurisdictions; 7,393 under the Bowman-Tucker acts; 4,952 
French spoliation claims; 11 departmental cases; 23 District of 
Columbia cases, and 5,467 Indian depredation cases. 

Some conception of the magnitude and importance of this vast 
number of cases will be had when it is stated that according to 
the estimate of the Assistant Attorney-General that in the 
5,569 petitions filed under the French spoliation act, 2,399 vessels 
are involved, including claims in the aggregate of about $.i0,0U0,- 
000, former estimates made in the Department of Justice having 



286 



CONGRESSIONAL RECORD— SENATE. 



January 13, 



been as high as $42,000,000. Of theso 5,569 cases filed under the 
Frencli spoliation act but G17 have been adjudicated and disposed 
o£ or passed upon by the court. Throe hundred and twenty-eight 
of these have been decided favorably to the claimantSj 54 unfa- 
vorably to the claimants, while 235 petitions have been dismissed; 
the aggregate amount allowed in cases certified favorably being 
$2,352,169.52. Of this amount Congress, in the act of March 3, 
1891, appropriated $1,304,095.37, covering 250 claims. And as 
showing the slow progress this court must necessarily make on 
account of the great number of sources of jurisdiction and the 
mass of cases constantly accumulating from each source or class, 
it may be said, as appears from the report of the Assistant Attor- 
ney-General, that during the past year out of 97 cases that had 
been remanded for further proceedings but 14 had been decided 
after reargument, and 57 petitions argued and submitted. But the 
number of cases and amounts involved in the French spoliation 
claims sink into insignificance when compared with the number 
of cases which have found their way to the docket of the Court 
of Claims in pursuance of the pi'ovisions of the Bowman act. 

Prom 1884 to March 3, 1891, we are told in the report of As- 
sistant Attorney-General Cotton, there were docketed under the 
Bowman act an aggregate of 8,503 cases; the number docketed 
each year being as follows: 



1884. 
1885. 
1886. 
1887. 



217 
177 
858 



1889. 
1890. 



'86 1891. 



.. 4,503 

.. 866 
.. 405 



The present Assistant Attorney-General hesitates to attempt 
even an approximate estimate of the aggregate amount of the 
claims involved in these cases from the fact, as stated by him, in 
many instances no sum is mentioned in the petition, but he docs 
remind us that former reports of the Attorneys-General have 
placed the estimate at the enormous sum of $400,000,000. 

But passing overthecasesarisingunderthcgeneralandspecial 
jurisdiction, departmental, and the District of Columbia, I desire 
to attract attention to the numberof cases, amounts involved, and 
general state of the business in the Court of Claims arising under 
the Indian depredation act. It is claims arising under this act 
that the constituency I in part represent are more particularly 
interested in; and it is a constituency, moreover, than which none 
are more worthy or more entitled to the favorable consideration 
of Congress. 

The claimants who are to-day attempting to procure by suit 
in the Court of Claims, in pursuance of the act of the last Congress, 
that just compensation which was their honest duo from this 
Government in most cases more than a third of a centui-y ago, 
are of the sturdiest and worthiest of that worthy and noble class 
of pioneers who, braving the innumerable dangers of frontier 
life, risking at every step their property and their lives, laid the 
foundation stones of civilization in the far West, and by their 
industry, integrity, perseverance, and aggressive natures erected 
thereon a superstructure of magnificent States, which now add 
luster, wealth, dignity, and power to the nation. And one main 
purpose in view at this time on my part is to endeavor to bring 
about such further and speedy legislation as will properly suj)- 
plement and make effective the legislation of last Congress in 
the interest of those who have suffered so much and been neglected 
so long, and whose just rights have been unreasonably and un- 
justifiably withheld by this great Government. 

Since the passage by Congress, March 3, 1891, of what is com- 
monly known as the Indian depredation act, and prior to Novem- 
ber 1 last, 5,467 suits have been docketed under this act in the 
Courtof Claims. The smallest amount claimed in any one action, 
we are told in his report by Assistant Attorney-General Colby, 
is $19.75, and the largest amount $1,281,250, while the aggregate 
amount claimed in the 5,467 actions that have been commenced 
up to November 1, 1891, is $21,241,908. All of these claims were 
on November 1 last still pending and vmdecided. I believe a 
very few have been disposed of since that date. 

The Assistant Attorney-General says: 

The number of depredations committed In the several Stales and Territories 
lor which actions hare been commenced, as shown by the petitions on file. 
IsasIoUows: 



State. 


No. 


State. 


No. 




G3 

156 

li 

179 

49 
49 
8 
200 
34 
34 




30 






1,113 




Nebraska 

Oregon 


156 


California 


mi 






1,464 






151 


Georgia 


Washington 


.54 






83 


Idaho 


States and Territories not 






671 




Total 




Montana 


5,101 


Minnesota . , . 











The Assistant Attorney-General in his report estimates that 
the aggregate number of claims under the Indian depredation 
jurisdiction will probably reach a point between 10,000 and 
15,000. It is my ojiinion, however, that the minimum of this esti- 
mate is too large. I think it very probable that considerably 
more than one-half of all the actions that ever could be instituted 
under this act have already been brought. 

But should there bo no increase in the number of cases from 
this source of jurisdiction — and thei-e certainly will be many hiui- 
dred if not several thousand more cases commenced — it must be 
apparent to all that, with a docket weighted down, as it is now. 
with nearly if 'not quite 20,000 cases — there were on the docket 
on November 1 last 19,117 cases — it is to this class of claimants, 
the suits in relation to which have all been docketed since March 
3, 1891, little less than a mockery and denial of justice, unles.-; 
some further legislation is had, either by increasing the number 
of the judges of the Court of Claims, the' number and compensa- 
tion of the assistant attornej's, the number of the clerical force 
both in the oflice of the Attorney-General and the Court of 
Claims, the appointment of a number of special agents to work in 
cooperation with the Department of Justice and Courtof Claims, 
or some or all of these, and, in addition, an amendment of the 
Indian-depredation act conferring concurrent jurisdiction with 
the Court of Claims on the circuit courts of the United States. 
Whatever else maybe done, I am strongly of the opinion that 
concurrent jurisdiction should be given to the circuit courts, 
both as to actions to be commenced and by transfer, at the in- 
stance of the claimant, of cases now pending in the Court of 
Claims. When the Indian-depredation bill was under discussion 
in the Senat<^ last .session I strongly insisted that this should 
l)e done. There are many and forcible reasons, other than that 
arising out of the present burdened docket of the Court of 
(Uaims, why thiis should be done. As it is now, claimants, the 
most of whom reside from 2,000 to 3,000 miles from Washington, 
where the court is held, are compelled to come here, or at least 
have their attorneys come here, at great expense, or employ at- 
torneys residing here. Their Senators and Representatives can 
not look after this business for them, as they can not appear or 
practice in the CJourtof Claims, even though they be lawyers. Had 
the circuit courts jurisdiction much of the cost and time now 
necessarily expended could be saved to claimants. Each claim- 
ant coidd then have his case brought, investigated, and decided 
in a tribunal sitting within the boundaries of his own State. 

Now, Mr. l^resident, in what has been said there must be no 
inference to the effect that the Court of Claims or any of its able 
and industrious justices are in any manner responsible for the 
present condition of things, the present overburdened state of 
the docket in that court, or in any degree subject to any censure 
on account thereof. On the contrary, my information is, and the 
reports of the Attorney-General and his assistants, as well as the 
records and reports of the court itself, confirm this, that the 
court is and has lx;en diligent in the exercise of official duty, the 
judges bringing to the discharge of such duty industrious, able, 
and faithful effort; and the same must undoubtedly be said of the 
Assistant Attorneys-General and assistant attorneys who have 
had charge of the business of the Government in this court. 

There were disposed of during the past year by the court, by 
trial or otherwise, 053 cases: the amounts claimed in these cases, 
according to the report of the Attorney-General, being $7,377,- 
011.54. Of these, 489 cases were decided favorably to the United 
States, and 164 favorably to the plaintiffs: the aggregate amount 
allowed to jilaLntiffs being $700,817.86. This statement does not 
include, says the Assistant Attorney-GJeneral, " Cases prepareil 
and tried and now under advisement, neither does it include 
many cases prepared and tried and afterwards removed, for vari- 
ous reasons, to the general docket." 

It is quite evident, therefore, from this showing, that no blame 
can properly attach to the court for the present cnormovis calen- 
dar of cases in that court. Tlie fault is elsewhere— it rests not 
with the court; not with the Depai-tment of Justice, but with 
Congress. The Congress should apply the remedy, and it should 
be done without any unnecessary delay. A spirit of intelligent 
dispatch should characterize the action of Congress in this re- 
gard. With 20,000 cases now on the docket, and assuming there 
are to be no further cases docketed— and they are being docketed 
by the scores every day — it would require, disposing on an av- 
erage 653 cases annually, the number disposed of the past year, 
over thirty years to clear the docket. The situation is farcical. 
It is ridiculous in the extreme. It is absurd. It is a travesty on 
justice. I move the adoption of the resolution instructing the 
Committee on the Judiciary to formulate and report a remedy. 

Mr. CHANDLER. Ivlr. President, as a member of the Com- 
mittee on Indian Depredations of the last Congress, which wa.s 
instrumental in connection with the Senator from Oregon, who 
has just taken his seat [Mr, Mitchell], in conferring jurisdic- 
tion to adjudicate Indian-depredation claims upon the Court of 
Claims, I desire to say that I agree to the passage of the resolu- 



1892. 



OONGEESSIONAL RECORD— SENATE. 



311 



Mr. PADDOCK pi-esented a petition of the Wahpakoota and 
Medawakauton bands of the Santee Sioux Indians, praying for 
lecislative relief as provided by the terms of the treaties of 1838 
and 1853; which was referred to the Committee on Indian Af- 
fairs. 

Mr. TELLER presented the memorial of Samuel F. Tapjjan, 
of Washington, D. C., remonstrating against the passage of Sen- 
ate bill 450^ for the relief of Theodore K.Timby; which was re- 
ferred to the Committee on Naval Affairs. 

Mr. HALE presented a petition of the Board of Trade of Port- 
land, Me., praying for the passage of the bill to transfer the 
Revenue Marine Service to the Navy Department; which was 
referred to the Committee on Naval Affairs. 

REPORTS OF COMMITTEES. 

Tilr. COCKRELL, from the Committee on Iililitary Affairs, to 
whom were referred the following bills, reported them severally 
without amendment, and submitted reports thereon: 

A bill (S. 2) for the relief of Ezra S. Havens; 

A bill (S. 3) for the relief of Napoleon B. Giddings; 

A bill (S. 4) for the relief of Alfred J. Worcester; 

A bUl (S. 5) for the relief of John S. Neet, Jr.; and 

A bill (S. 6) for the relief of Joseph W. Carmack. 

Mr. QUAY, from the Committee on Public Buildings and 
Grounds, to whom was referred the bill (S. 901) to provide for 
the purchase of a site, and the erection of a public building 
thereon, at Allentown, in the State of Pennsylvania, reported it 
without amendment, and submitted a report thereon. 

Mr. HAWLEY. The bill (S. 727) for the relief of H. C. Stan- 
ton, of Roseburg, Oregon, administrator of the estate of .Tames 
Sinclair, and his widow, Mary Sinclair, and for the relief of 
Erastus S. Joslyn, of Colorado Springs, in the State of Colorado, 
was introduced and referred under a misapprehension to the 
Committee on Military Affairs. The claim was sent at the last 
Congress to the Court of Claims. I therefore move that the 
Committee on Military Affairs be discharged from the further 
consideration of the bill, and that it be indefinitely postponed. 

The motion was agreed to. 

Mr. ALLEN, from the Committee on Claims, to whom was re- 
ferred the bill (S. 1030) for the relief of P. P. White, reported it 
without amendment, and submitted a report thereon. 

Mr. PASCO, from the Committee on Public Buildings and 
Grounds, to whom was referred the bill (S. 4U8) to provide for the 
purchase of a site and the erection of a public building at Per- 
nandina, in the State of Florida, reported it with an amendment, 
and submitted a report thereon. 

BILLS INTRODUCED. 

Mr. CULLOM introduced a bill (S. 1617) to carry into effect 
the recommendation of the board of admirals convened pursuant 
to the joint resolution approved February .5, 1879, in the case of 
Commander Henry Glass, United States Navy; which was read 
twice by its title, and referred to the Committee on Naval Af- 
fairs. 

Mr. CULLOM. I also introduce a bill for reference to the 
Committee on Interstate Commerce. I desire to state that the 
bill is in relation to the equipment of cars; itwas forwai-ded to me 
by Mr. Rogers, chairman of the railroad commission of New York, 
and also a member of an organization having under discussion 
that special subject. I therefore introduce the bill so^that it 
may have consideration by the committee. 

The bill (S. 1618) to promote the safety of employes and travel- 
ers, by compelling common carriers engaged in interstate com- 
merce to equip their cars with automatic couplers and continu- 
ous brakes and their locomotives with driving-wheel brakes; was 
read twice by its title, and referred to the Committee on Inter- 
state Commerce. 

Mr. McMillan introduced a bill (S. 1619) to provide for re- 
modeling and maintaining the public bathing beach on the Poto^ 
mac River in the District of Columbia; which was read twice bj^' 
its title, and, with the accompanying papers, referred totheCom- 
mittee on the District of Columbia. 

He also introduced a bill (S. 1620) for the relief of JohnH. Mi 
rill; which was read twice by its title, and referred to the Com- 
mittee on Claims. 

Mr. WILSON introduced a bill (S. 1621) providing for two ad- 
ditional associate justices of the supreme court of the Territory 
of Utah, and for other irarposes; which was read twice by its 
title, and referred to the Committee on the Judiciary. 

Mr. CAMERON introduced a bill (S.1622) for the relief of the 
legal representatives of Richard W. Meade, deceased; which was 
read twice by its title, and referred to the Committee on Claims. 

He also introduced a bill (S. 1623) granting a pension to Wil- 
liam Lukens; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Pensions. 

Mr. JONES of Arkansas (by request) introduced a bill (S. 1624) 
to authorize the Quanah and Oklahoma Railroad Company to con- 



struct and ojjerate a railway through the Indian Territory, and 
for other purposes; which was read twice by its title, and referred 
to the Committee on Indian Affairs. 

Mr. BRICE introduced a bill (S. 1625) to provide for the erec- 
tion of a public building in the city of Massillon, Ohio; which was 
read twice by its title, and referred to the Committee on Public 
Buildings and Grounds. 

He also introduced a bill (S. 1626) for the relief of William B. 
Burnet; which was read twice by its title, and referred to the 
Committee on the Judiciary. 

Ho also introduced a bill (S. 1627) providing for sundry light- 
houses and other aids to navigation; which was read twice by its 
title, and referred to the Committee on Commerce. 

Mr. FAULKNER introduced a bni(S. 1628) granting a pension 
to Daniel Kendall; which was read twice by its title, and referred 
to the Committee on Pensions. 

Mr. PASCO introduced a bill (S. 1G29) for the relief of Alison 
J. Tinsley; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Claims. 

Mr. DAWES introduced a bill (S. 1630) for the relief of T. H. 
Church; which was read twice by its title, and referred to the 
Committee on Claims. 

Ho also introduced a bill (S. 1631) to establish a life-saving sta- 
tion at Gay Head, on the coast of Massachusetts; which was read 
twice by its title, and referred to the Committee on Commerce. 

He also introduced a bill (S. 1632) for the establishment of a 
light and fog signal station near Butler Flats, New Bedford, Mass.; 
which was read twice by its title, and referred to the Committee 
on Commerce. 

He also introduced a bill (S. 1633) supplementary and amenda- 
tory to an act entitled '"An act to refer to the Court of Claims 
certain claims of the Shawnee and Delaware Indians and the 
freedmen of the Cherokee Nation, and' for other purposes," ap- 
proved October 1, 1890: which was read twice by its title, and 
referred to the Committee on Indian Affairs. 

Ho also introduced a bill (S. 1634) to provide for a final settle- 
ment with the Naalem band of the Tillamook tribe of Indians 
of Oregon, in accordance with a certain agreement between the 
United States and the said Indians, dated the 6th day of August, 
1851; which was read twice by its title, and referred to the Com- 
mittee on Indian Affairs. 

He also introduced a bill (S. 1635) to provide for a final settle- 
ment with the Tillamook tribe of Indians of Oregon, in accord- 
ance with a certain agreement between the United States and 
the said Indians, dated the 7th day of August, 1851; which was 
read twice by its title, and, with the accompanying papers, re- 
ferred to the Committee on Indian Affairs. 

Mr. QUAY introduced a bill (S. 1636) for the relief of Noah 
Seanor; which was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. GALLINGER introduced a bill (S. 1637) granting a pen- 
sion to Earnest C. Emerson; which was read twice by its title, 
and referred to the Committee on Pensions. 

Mr. MANDERSON introduced a bill (S. 1G38) to remove the 
charge of desertion now standing against George Alcott on the 
rolls of the War Department; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Military Affairs. 

Mr. MITCHELL introduced a bill (S. 16.39) for the relief of 
Sallie Hardmond; which was read twice by its title, and referred 
to the Committee on Claims. 

He also introduced a bill (S. 1640) for the relief of Charles L. 
Scudder; which was read twice by its title, and I'eferred to the 
Committee on Foreign Relations. 

Mr. PETTIGREW introduced a bill (S. 1641) for the relief of 
Thomas D. INIurrin; which was read twice by its title, and re- 
ferred to the Committee on MUitary Affairs. 
_^Ii\JOjaX introduced a bill (S. 1642) making an appropriation 
To"coiS5^Ptbe improvement of tho Mississippi River from the 
mouth of tho Illinois River to the mouth of the Ohio River; 
which was ii^ ad twice by its title, and referred to the Committee 
:e. 



COLORADO SCHOOL OF MINES. 

The VICE-PRESIDENT. Is there further morning business ? 
If not, that order is closed, and the Calendar is in order. 

The bill (S. 1374) to aid the State of Colorado to support a 
school of mines was announced as first in order on the Calendar, 
and the Senate, as in Committee of the Whole, proceeded to its 
consideration. 

Mr. COCKRELL. Is there a report with the bill ? 

The VICE-PRESIDENT. Thei-e is no report accompanying 
the bill. 

Mr. COCKRELL. I should like to hear an explanation of the 
bill. Why is the State of Colorado to receive this gift in addi- 
tion to the other gifts she has received ? 



312 



CONGRESSIONAL RECOED— SENATE. 



January 14, 



Mr. Teller rose. 

Mr. PADDOCK. The bill has heretolore passed the Senate 
on the report of the Senator from Colorado [Mr. Teller] from 
the Committee on Public Lands. Ho will explain it. 

Mr. TELLER. When the Senate gets still enough so that 
anybody may be heard, I can perhaps explain the bill. 

The VICE-PRESIDENT. The Senate will be in order. 

I^Ir. TELLER. Coloradohas for many years, commencing with 
its Tori-itorial existence, maintained a school of mines for the ed- 
ucation of young men in metallurgy, chemistry, and mining en- 
gineering. There have lx;en of course other mining schools, 
notably the school at Columbia College, New York, where the 
same branches have been taught. 

I have had occasion to say before, and I repeat now, that on 
this continent there has been no school where I think so com- 
plete a mining education has been obtainable as at the school of 
mines in Colorado. It is a State institution supported by a yearly 
tax upon the people of the State. It is practically free to all cit- 
izens of the United States, the chai'ges being simply nominal; 
and I think we have had in the school of mines students from 
nearly every State in the Union, certainly from all the Western 
States. It has not had the reputation that the school at Frei- 
burg has gained, yet I have no hesitation in saying that if I had 
a boy whom I des'ired to bring up as a mining engineer I should 
much prefer to send him to the mining school at Golden, in the 
State of Colorado, than to Freiburg. It is in the immediate vicin- 
ity of the great mines of this continent, where tho students can 
have access in a few hours to all tho intricate machinery re- 
quired for the reduction of metals. It is in the neighborhood of 
the great smelters at Denver and only 118 miles from the great 
smelters at Pueblo. It is about 100 miles from the great mining 
district of Leadvillo and about 25 miles from what are known as 
the mining districts of Clear Creek and Gilpin Counties, two 
counties that have produced something over $100,000,000 of bul- 
lion, mostly gold. There mining may be seen by these students 
in its advanced stat€. 

There are no people in the world who have mined with greater 
care and intelligence than we have in this country within the 
last fifteen or twenty years. There is no State in the Union 
where mining has been carried on with as much system and with 
as much intelligence as in tho State of Colorado. 

The school is brought in close connection with not only the 
mining of gold and silver but also coal, because there are coal 
mines immediately in the neighborhood within a mile of the 
school, and coal of all kinds and all desci'iptions. 

This school has been maintained by the State, as I said, and 
everybody has had the advantage of "it. The State of Colorado 
is somewhat young, and we pay for every mining claim that we 
take up $;j an "acre, whether it is good or whether it is bad. Of 
course when a man gets a good mine it is merely a nominal sum, 
of no account, but there are hundreds of acres of land that have 
been taken up and the Government has been paid for as mineral 
land that has no real value whateverand has never returned any- 
thing to the locator. 

We thought it vras not unreasonable, as long as we held this 
school open to all the citizens of the United States, inasmuch as 
the Government is assisting in the agricultural education of our 
youtli. that it should assist also in their education in the practi- 
cal business of mining. 

I suppose tho Senator from Missouri who makes the inquiry is 
quite familiar with tho great amount of mineral that is produced 
in the United States. I do not now speak particularly of tho pre- 
cious metals, but of iron, copper, and lead, as well as silver and 
gold. I presume he knows that the industry of mining has be- 
come one of the great industries of the country. 

Tho bill provides for the payment of 25 per cent — that is an er- 
ror: it should have been 50 pe'r cent— of the mining returns from 
the sale of mineral lands, but not to exceed $12,000 per aimum, 
and not that sum unless the State should annually ajipropriate 
tliat amount or more. I will say that the State has appropriated 
a very much greater amount than that every year. The State 
has erected very suitable buildings; it has provided machinery 
of all kinds, and. as I said, it is a place where any student in the 
United States can certainly acquire as complete a mining educa- 
tion as he can at any place' on the face of the earth, Freiburg not 
excepted. 

If it is now in order to move an amendment, I will move, in line 
3, to strike out the word "twenty-five," before "per centum," and 
insert "fifty," which is the way the bill passed the Senate here- 
tofore. 
The VICE-PRESIDENT. The amendment will bo stated. 
Mr. TELLER. The amendment does not increase the amount, 
because the amount is limited to $12,000. 

The Chief Clerk. In line 3 of section 1, strike out the word 
"twenty-five" and insert the word " fifty;" so as to read: 

That the .State of Colorado shall annually receive 50 per cent of all moneys 
paid to the United States for mineral lands within the State of Colorado, for 



the maintenance of the school of mines established at Golden, In the coimty 

of Jefferson, in said State. 

The VICE-PRESIDENT. The question is on agreeing to tho 
amendment. 

Mr. COCKRELL. Before it is voted upon, do I understand 
that in the measure passed at the last Congress the amount was 
50 per cent? 

Mr. TELLER. It was passed on the former occasion at 50 per 
cent. It was owing to an error in introducing the bill that it 
came in at 25 per cent. 

Mr. COCKRELL. The Senator himself introduced the bill. 

Mr. TELLER. I introduced it, and inadvertently introduced 
it as it was originally introduced some years ago, and not as it 
passed the Senate. 

The amendment was agreed to. 

Mr. TELLER. In ling 9 of section 1, after the word " amount," 
I move to insert the word "annually; " bo that the State shall an- 
nually appropriate as much as the Government. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. In section 1, line 9, after the word 
"amount," insert the word "annually;" so as to make the proviso 
read: 

Provided, That said sum so to be paid shall not exceed the sum of $12,000 
per annum, nor shall it exceed the amount annually expended by the Stat« 
of Colorado for said school of mines. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

MISSOURI HIVER BRIDGE IN SOUTH DAKOTA. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the bill (S. 440) to authorize the construction of a bridge 
across the Missouri River, between the city of Chamberlain, in 
Brul6 County, and Lyman County, in the State of South Dakota. 

The bill was reported from the Committee on Commerce with 
amendments. 

Tho first amendment was, after the words "Secretary of War," 
in line 14, at the end of section 1, to insert " or said bridge may 
be constructed as a wagon and foot bridge alone; " so as to make 
the section read: ■ 

That the Chiimberlain Pontoon Bridge Company, a corporation duly or- 
ganized and existing under the laws of the State of South Dakota, be, and is 
hereby, authorized to construct and maintain a bridge and approaches thereto 
across the Missouri River between the city of Chamberlam, in the State of 
South Dakota, and LymanCotmty, in the State of South Dakota. Said bridge 
shall be constructed to provide for the passage of railroad trains, wagons, 
and vehicles of all kinds, steam and street cars, animals, foot passengers, 
and for all road travel, lor such reasonable rates of toll and tmder such rea- 
sonable rules and regulations as may be prescribed by said corporation and 
approved by the Secretary of War, or said bridge may be constructed as a 
wagon and foot bridge alone. 

The amendment was agreed to. 

The next amendment was, in section 3, line 2, after the word 
"pontoon," to strike out "drawspan;" in the same line, before the 
word "drawspan," to strike out " pontoon," and after the word 
" drawspan " to insert "giving a clear opening;" in line 6, Ijefore 
the word " said," to strike out " the piers of;" in the same line, 
after the word " bridge," to insert "other than the drawspan;" 
after the words " shall be," at the end of line 6, to strike out " par- 
allel with and the bridge itself;" and in line 8, after the word 
" river," to insert " at high water;" so as to read: 

Sec. 3. That said bridge shall be constructed as a pontoon bridge, and shall 
contain a drawspan giving a clear opening of not less than 300 feet in length, 
which drawspan shall be maintained over the main channel of the river at an 
accessible and navigable point, and said bridge other than the drawspan shall 
be at right angles to the current of the river at high water. 

The amendment was agreed to. 

The next amendment was, in the same section, line 15, befoi-e the 
word "obstruct," to insert " unreasonably; " and in line 17, before 
the word " obstruct," to insert "unreasonably; " so as to read: 

No bridge shall be erected or maintained under the authority of this act 
which shall at any time unreasonably obstruct the free navigation of said 
river, and if any bridge erected under such authority shall. In the opinion of 
the Secretary of War, tmreasonably obstruct such navigation, he Is hereby 
authorized to cause the entire removal thereof or such change or alteration 
of said bridge to be made as will effectually obviate such obstruction, and all 
such alterations shall be made and all such obstructions shall be removed at 
the expense of the owner or owners of said bridge. 

The amendment was agreed to. 

The next amendment was to strike out the following proviso 
at the end of section 3: 

Provided, That said company may construct a wagon and foot bridge, and 
in case of the construction of a wagon and foot bridge alone the draws shall 
be of the same length herein provided, and shall be of such construction as 
shall be approved by the Secretary of War, and shall be subject to all the pro- 
visions herein contained in respect to being promptly opened to permit the 
unobstructed navigation of said river and for keeping the same lighted as 
herein provided in case of a railroad and wagon bridge, and in such case 
the provisions herein in relation to the use for railroad purposes shall not 
apply. 

The amendment was agreed to. / 



1892. 



CONGRESSIONAL EECORD— SENATE. 



355 



per ounce; which was referred to the Committee on Post-Ofacea 
and Post-Roads. 

He also presented a petition of citizens of Buffalo County, 
Wis., praying for the passage of what is known as the Conger 
lard bill; which was referred to the Committee on Agriculture 
and Forestry. 

He also presented a petition of citizens of St. Croix County, 
Wis., praying for the passage of a law to restore the fi'ee bimL^tal- 
lic coinage of silver and gold coins the same as was the law from 
1T92 to 1S73; which was referred to the Committeo on Finance. 

Mr. WASHBURN presented the petition of E. J. Lien and 65 
other citizens of Faribault County, ilinn., praying for the pas- 
sage of what is known as the option bUl; which was i-eferred to 
the Committee on the Judiciary. 

He also presented a petition of the Grand Rapids and Itasca 
County Improvement Union of Grand Rapids, Minn., praying for 
the passage of an act to authorize the construction of a dam on 
the Mississippi River for the improvement of the Grand Rapids 
water power; which was referred to the Committee on Commerce. 

Mr. MORGAN presented the petition of James W. Shearer', 
of Birmingham, Ala., praying for anextension of his patent for a 
system of phonetic and diacritical notations: which was referred 
to the Committee on Education and Labor. 

Mr. KYLE presented a petition of citizens of Yankton, S. 
Dak., praying for the passage of what is known as the Butter- 
worth option bill; which was referred to the Committee on Ag- 
riculture and Forestry. 

Mr. BERRY presented a petition of the Young People's So- 
ciety of Christian Endeavor of Winfield Memorial Church, Little 
Rock, Ark., praying that the World's Columbian Fair be closed 
on Sunday; which was referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. FAULK:NER. I present the petition of Clarence L. Smith 
and 326 other citizens of Fairmont,W. Va., praying for the rati- 
fication by the United States Government of the general act 
signed at Brussels, July 2, 1890, for the supression of the Afri- 
can slave trade and rum traffic. As that convention has been 
ratified by the Senate, I move that the petition lie on the table. 

The motion was agreed to. 

Mr. McMillan presented the petition of Daniel Scotten & 
Co., of Detroit, Mich., praying for an amendment to section 2f) 
of the tariff law relative to retail dealers in tobacco; which was 
referred to the Committee on Finance. 

He also presented a petition of 21 citizens of the District of 
Columbia, praying that an appropriation be made for regulating, 
grading, and laying sidewalks on Howard avenue, in Washing- 
ton, D. C; which was referred to the Committee on the District 
of Columbia. 

Mr. TELLER. I present" the petition of a large number of 
citizens of Colorado, who sign themselves the Western Colorado 
Congress, praying for the free coinage of silver. I move that 
the petition be referred to the Committee on Finance. 

The motion was agreed to. 

Mr. CULLOM presented a petition of the SnareviUe Young 
People's Society of Christian Endeavor, Castleton, 111., praying 
for the closing of the World's Columbian Fair on Sunday, for the 
prohibition of the sale of liquors therein, and for the manage- 
ment of the art department thereof according to the American 
standard of purity in art; which was referred to the Committee 
on the Quadro-Centennial (Select). 

Mr. VEST presented the petition of W. A. Hampton and other 
citizens of Livingston County, Mo., pi-aying for the passage of a 
bill imposing a revenue tax upon compound lard, similar to the 
one known as the Conger lard bill in the Fifty-first Congress; 
which was referred to the Committee on Agriculture and For- 
estry. 

He also presented the petition of A. H. Collins and other citi- 
zens of Livingston County, Mo., praying for the passage of what 
is known as the Butterworth option bill; which was referred to 
the Committee on Agriculture and Forestry. 

Mr. COCKRELL presented the afSdavit of ex-Senator S. B. 
Conover, to accompany the bill (S. 619) for the relief of George P. 
Ihrie; which was referred to the Committee on Military Affairs. 

REPORTS OF COMMITTEES. 

Mr. COLQUITT, from the Committee onPostrOffices and Post- 
Koads, to whom was referred the bill (S. 68) for the relief of the 
New York, Lake Erie and Western Railroad Company, reported 
it without amendment, and submitted a report thereon. 

Mr. FAULKNER, from the Committee on Claims, to whom 
was referred the joint resolution (S. R. 9) to direct the Secretary 
of the Treasury to pay to the governor of the State of West Vir- 
ginia the sum appi'opriated by the act of Congress entitled "An 
act to credit and pay to the several States and Territories and 
the District of Columbia all moneys collected under the dii-ect 



tax levied by the act of Congress approved August 5, 1861," re- 
ported it with amendments, and submitted a report thereon. 

He also, from the Committee on the District of Columbia, to 
whom was referred the bill (S. 1060) to punish the carrying or 
selling of deadly or dangerous woajjons within the District of 
Columbia, reported it with amendments. 

He also, from the same committeo, to whom was referred the 
bill (S. 1057) to punish the unlawful appropriation of the use of 
the property of another in the District of Columbia, reported it 
without amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 1058) to prevent fraudulent transactions on the part of 
commission merchants and other consignees of goods and other 
property in the District of Columbia, reported it with amend- 
ments. 

Mr. HANSBROUGH, from the Committee on the District of 
Columbia, to whom was referred the bUl (S. 267) for the preser- 
vation of the public peace and the )>rotection of property within 
the District of Columbia, reported it with amendments. 

Mr. HANSBROUGH. I am directed by the Committee on the 
District of Columbia, to whom was referred the bill (S. 831) to 
prevent book-making and pool-selling in the District of Columbia, 
to report it adversely, as the provisions of the bill have been al- 
ready embodied in the Statutes. I move that the bill be indefi- 
nitely postponed. 

The motion was agreed to. 

Mr. VEST, from the Committee on Commerce, to whom was 
referred the bill (S. 429) to authorize the construction of bridges 
across the Missouri River between its mouth and the mouth of 
the Dakota or James River, and across the Mississippi River be- 
tween the port of St. Paul, in the State of iMlnncsota, and the 
port of Natchez, in the State of Mississippi, and across the Illi- 
nois River between its mouth and La Salle, in the State of Illi- 
nois, and to prescribe the chai'acter, location, and dimensions of 
the same, reported it with amendments, and submitted a report 
thereon. 

Mr. MANDERSON, from the Committee on Military Affairs, 
to whom was referred the bill (S. 199) providing for the construc- 
tion of a militai-y storehouse and offices for ai-my purposes at the 
Omaha military depot. Nebraska, and for other purposes, re- 
ported it without amendment, and submitted a report thereon. 

Mr. WHITE, from the Committee on Public Lands, to whom 
was referred the bill (S. 1342| for the relief of John R. Blanken- 
ship. reported it without amendment, and submitted a report 
thereon. 

Mr. CAREY, from the Committee on Public Buildings and 
Grounds, to whom wei'o referred the following bills, reported 
them severally with amendments: 

A bill (S. 388) to provide for the construction of a public build- 
ing at Salt Lake City, Utah; and 

A bill (S. 393) to provide for the purchase of a site and the erec- 
tion of a public building thereon, at Boise City, in the State of 
Idaho. 

Mr. CAREY, from the Committee on Public Buildings and 
Grounds, to whom were referred the following bills, reported 
them severally without amendment: 

A bill (S. 345) to increase the appropriation for the erection of 
a public building at St. Paul, Minn.; 

A bill (S. 1209) to provide for the purchase of a site and the erec- 
tion of a public building thereon, at Ogden, in the Territory of 
Utah, accompanied by a report: 

A bill (S. 196) to increase the appropriation for the purchase 
of site and the erection of a public building at Omaha, Nebr.: and 

A bill (S. 786) to provide for the erection of a public building 
in the city of Helena, !Mont. 

Mr. DOLPH, from the Committee on Public Lands, to whom 
was referred the bill (S. 1216) for the relief of WUliamR. Wheaton 
and Charles H. Chamberlain, of California, reported it without 
amendment, and submitted a report thereon. 

Mr. ALLEN, from the Committee on Public Lands, to whom 
was referred the bill (S. 216) granting to the State of Wa.shing- 
ton certain lands therein situated for the pui'pose of a fish hatch- 
ery, reported it without amendment, and submitted a report 
thereon. 

COURTS IN IOWA. 

Mr. WILSON. I am directed by the Committee on the Judi- 
ciary, to whom was referred the bill (H. K. 123) fixing the times 
for holding the district and circuit com-ts of tlie United States 
in the northern district of Iowa, to report it without amendment. 
In view of the fact that it is necessary for the convenience of the 
business of the court, and as it will not consume any considerable 
time, I ask unanimous consent that the bill may bo acted upon 
now. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bUl. 



356 



CONGRESSIONAL EECORD— SENATE. 



Januaey 18, 



The bill was reported to the Senate without amendment, or- 
dei'ed to a third reading, read the third time, and passed. 

BILLS INTRODUCED. 

Mr. COKE introduced a bill (S. 1643) authorizing the Velasco 
Terminal Railway Comjjany to construct a bridge across the 
Brazos Rivor, in the State of Texas; which was read twice by its 
title, and referred to the Committee on Commerce. 

He also introduced a bill (S. 1G44) authorizing the Continental 
Bridge Company to construct a bridge across the Rio Grande 
River at or near Brownsville, Tex.; which was read twice by its 
title, and referred to the Committee on Commerce. 

He also introduced a bill (S. I(i45) making' Velasco a subport of 
entry; which was read twice by its title, and referred to the Com- 
mittee onCommei'ce. 

He also introduced a bill (S. 1(546) making Laredo, Tex., a sub- 
port of entry; which was read twice by its title, and referred to 
the Committee on Commerce. 

Mr. MORGAN introduced a bill (S. 1647) to authorize the Ala- 
bama Grand Trunk Railroad Company to bridge across the Tal- 
lapoosa and Coosa Rivers; which was read twice by its title, and 
referred to the Committee on Commerce. 

Mr. GIBSON of :Maryland introduced a bill (S. 1648) to pro- 
mote Commodore Louis C. Sartori,now on the retired list of the 
Navy, to be rear-admiral on said list, in accordance with his 
original position on the Navy Register; which was read twice by 
its title, and, with the accompanj-ing papers, referred to the 
Committee on Naval AlTairs. 

He also introduced a bill (S. 1649) to provide for paying certain 
advances made tt) the United States by the States of Maryland 
and Virginia for public buildings; which was read twice by its 
title, and referi'ed to the Committee on Claims. 

He also introduced a bill (S. 1650) to remove the charge of de- 
sertion against William A. Cowen; which was read twice by its 
title, and referred to the Committee on Military Affairs. 

He also introduced a bill (S. 1651) to amend an act approved 
February 28, 1891, entitled "An act to jjrohibit the granting of 
liquor licenses within one mile of the Soldiers' Home;'' which was 
read twice by its title, and referred to the Committee on the Dis- 
trict of Columbia. 

Mr. FAULKNER introduced a bill (S. 1652) for the relief of 
the heirs of Milly Yaga, deceased, of Muskogee, lud. T.: which 
was read twice by its title, and I'cferred to the Committee on 
Claims. 

Mr. TELLER introduced a bill (S. 165.3) enabling the peo))le 
of Utah to form a constitution and State government, and for the 
admission of said State into the Union on an equal footing w-itb 
the original States; which was read twice by its title, and re- 
ferred to the Committee on Territories. 

He also introduced a bill (S. 1654) for the relief of David M. 
Watson; which was read twice by its title, and referred to the 
Committee on Military AtTairs. 

He also introduced a bill (S. 1655) granting a pension to John 
Coburn; which was read twice by its title, and referred to the 
Committee on Pensions. 

He also introduced a bill (S. 1656) granting a pension to Prank 
A. O'Mai-a; which was read twice by its title, and, with the ac- 
companying papers, referred to the i^^ommittee on Pensions. 

He also introduced a bill (S. 1657) granting a pension to George 
W. Blake; which was read twice by its title, and referred to the 
Committee on Pensions. 

He also introduced a bill (S. 1658) g-ranting a pension to T. R. 
Le Tellier; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Pensions. 

Mr. SAWYER introduced a bill (S. 1659) in i '^jjlifiini 
western judicial district of Wisconsin; which was refCtl twice by 
its title, and referred to the Committee on the Judiciary. 

He also introduced a bill (S. 1660) granting an increase of pen- 
sion to Fordyce R. Melvin; which was read twice by its title, 
and referred to the Committee on Pensions. 

He also introd\iced a bill (S. 1661) granting an increase of pen- 
sion to John Hallam; w-hich was read twice by its title, and re- 
ferred to the Committee on Pensions. 

He also introduced a bill (S. 1662) for the correction of the mili- 
tary record of Francis A. E. Briot; which was read twice by its 
title, and referred to the Committee on Military Affairs. 

Mr. DAWES introduced abill (S. 1663) for the relief of the suf- 
ferers by the wreck of the United States revenue-cutter Gallatin 
off the coast of Massachusetts; which was read twice by its title, 
and referred to the Committee on Commerce. 

He also introduced a bill (S. 1664) for the relief of Lester No- 
ble; which was read twice by its title, and referred to the Com- 
mittee on Claims. 

Mr. WASHBURN introduced a bill (S. 1665) to authorize the 
Grand Rapids Water and Electric Power Company of Grand 
Rapids, Minn., to construct a dam across the Mississippi River: 



which was read twice by its title, and referred to the Committee 
on Commerce. 

Mr. PETTIGREW introduced a bill (S. 1666) to amend an act 
entitled "An act to incorporate the Washington and Arlington 
Railway Company of the District of Columbia," approved feb- 
ruary 28, 1891, chapter 382, volume 26, of the United States Stat- 
utes at Lai'ge, Fifty-first Congress, second session; which was 
read twice by its title, and referred to the Committee on the Dis- 
trict of Columbia. 

Mr. SHOUP introduced a bill (S. 1667) to improve the naviga- 
tion of the Kootenai River, in the State of Idaho; which was read 
twice by its title, and referred to the Committee on Commerce. 

He also introduced a bill (S. 1668) to authorize and regulate 
the construction of a bridge across the Kootenai River, at the 
town of Pry, coxmty of Kootenai, State of Idaho; which was read 
twice by its title, and referred to the Committee on Commerce. 

He also introduced a bill (S. 1669) to provide the times and 
places for holding terms of the United States courts in the State 
of Idaho; which was read twic« by its title, and referred to the 
Committee on the Judiciary. 

Mr. PEFFER (by request) introduced a bill (S. 1670) to regu- 
late the compensation of postmasters of the fourth class; which 
was read twice by its title, and referred to the Committee on 
Post-Oftices and Post-Roads. 

He also introduced a bill (S. 1671) granting an increase of pen- 
sion to Everard Bierer; which was read twice by its title, and 
i-eferred to the Committee on Pensions. 

He also (by request) introduced a bill (S. 1672) to regulate the 
practice of medicine in the District of Columbia; which was read 
tv.-ice by its title, and referred to the Committee on the District 
of (Columbia. 

Mr. CAMERON introduced a bill (S. 1673) to increase the pen- 
siofi of Mrs. Ellen Key Messersmith; which was read twice by 
its title, and referred to the Committee on Pensions. 

Mr. PADDOCK introduced a bill (S. 1674) incorporating the 
Society of American Florists; which was read twice by its title, 
and referred to the Committee on Agriculture and Forestry. 

Mr. WILSON introduced a bill (S. 1675) granting an increase 
of pension to John Kinney; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Pensions. 

He also introduced a bill (S. 1676) granting a pension of $25 a 
month to Henry O'Connor: which was read twice by its title, and 
I'eferred to the Committee on Pensions. 

He also introduced a bill (S. 1677) for the classification of clerks 
and other employes in first and second class post-offices and for 
fixing the salaries of the same; which was read twice by its title, 
and I'eferred to the Committee on Post-Offlees and Post-Roads. 

Mr. ALLEN (for Mr. Davis) introduced a bill (S. 1678) for the 
relief of William Smith and others; which was read twice by its 
title, and, with the accompanying papers, referred to the Com- 
mittee on Jvlilitary Afi'airs. 

Mr. ALLEN introduced a (bill S. 1679) to ratify and confirm 
an agreement with the Indians residing on the Colville Reser- 
vation, in the State of Washington, with certain modifications, 
and to make appropriation for the carrying into effect of the same; 
which was i-ead twice by its title, and referred to the Committee 
on Indian Affairs. 

He also introduced a bill (S. 1680) granting to the State of Wash- 
ington 5per centum of the net proceeds of the sales of public lands 
in that State; which was read twice by its title, and referred to 
the Committee on Public Lands. 

Mr. McMillan introduced a bill (S. 1681) making an appro- 
priation for the construction of two LTnited States revenue cut- 
tiyfor service on the Great Lakes; which was read twice by its 
title, and referred to the Committee on Commerce. 

Mr. PROCTOR(byrequest)introduced a bill (S. 1682) to amend 
the statutes regulating the affairs of the Soldiers' Home in the 
District of Columbia; which was read twice by its title, and re- 
ferred to the Committee on Military Affairs. 

Mr. SHERMAN introduced a bill (S. 1683) for the relief of 
Mrs. Fannie N. Belger; which was read twice by its title, and, 
with the accompanying papers, i-eferred to the Committee on 
Military Affairs. 

Ho also introduced a bill (S. 1684) granting a pension to Flora 
H. C'ookson; which was read twice loy its title, and, with the ac- 
eomoanying papers, i'eferred to the Committee on Pensions. 

Mr. C'ULLOM introduced a bill (S. 1685) for the erection of a 
public building at the city of Elgin, 111.; which was read twice 
by its title, and referred to the Committee on Public Buildings 
and Grounds. 

Ho also introduced abill (S. 1686) to provide for the purchase 
of a site and the erection of a public building thereon at Joliet. 
in the State of Illinois; which was read twice by its title, and re- 
ferred to the Committee on Public Buildings and Grounds. 

He also introduced a bill (S. 1687) to remove the charge of de- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



357 



sertion from the military record of Josepli Craig; which, was 
read twice by its title, and referred to the Committee on Military 



right of pensions to steamboat men and others acting under 
ers from United States officers; which was read twice by its 



; also introduced a hill (S. 1693) to prohibit the manufacture 
iale of spirituous and intoxicating liquors in the District of 



A.ffSjii'S. 

He also introduced a bill (S. 1688) to so amend sections 4693 and 
4695 of the Revised Statutes of the United Stated as to extend 
the 
order 
title, and referred to the Committee on Pensions. 

He also introduced a bill (S. 1689) to remove the charge of deser- 
tion from the record of Wesley HoUis, of Company E, Sixty-sixth 
Regiment Illinois Volunteers, and grant him honorable dis- 
charge; which was read twice by its title, and referred to the Com- 
mittee on Mllitai-y Affairs. 

He also introduced a bill (S. 1690) to establish a national mili- 
tary park at the battle field of Lexington, Mo.; which was read 
twice by its title, and referred to the Committee on Military Af- 
fairs. 

Mr. CAREY introduced a bill (S. 1691) granting a pension to 
Josephine Q. Offley ; which was read twice by its title, and referred 
to the Committee'on Pensions. 

Mr. PLATT introduced a bill (S. 1692) for the relief of Dwight 
Hall; which was i-ead twice by its title, and referred to the Com- 
mittee on Claims 

He 
and sale ot spi: _ . . „ . 

Columbia; which was read twice by its title, and referred to the 
Committee on the District ot Columbia. 

Mr. PERKINS introduced a bill (S. 1694) to establish a uniform 
system of bankruptcy throughout the United States; which was 
read twice by its title, and referred to the Committee on the 
Judiciary. 

Mr. PADDOCK introduced a bill (S. 1695) to amend section 12 
of an act entitled "An act to provide for the adjudication and 
payment of claims arising from Indian depredations,"' approved 
March 3, 1891; which was read twice by its title, and referred to 
the Select Committee on Indian Depredations. 

Mr. MORGAN introduced a bill (S. 1696) to further provide for 
the disposal of certain public lands in the State of Alabama; 
which was read twice by its title, and referred to the Committee 
on Public Lands. 

He also introduced a bill (S. 1697) for the relief of Claude H. 
Mastin, surviving partner of the firm of Le Vert & Mastin, of 
Mobile, Ala.; which was read twice by its title, and referred to 
the Comjnittee on Claims. 

Mr. GALLINGER introduced a bill (S. 1698) for the relief of 
Thomas F. Rowland; which was read twice by its title, and re- 
ferred to the Committee on Claims. 

Mr. GEORGE introduced a bill (S. 1699) to subject to State tax- 
ation national-bank notes and United States Treasury notes; 
which was read twice by its title, and referred to the Committee 
on Finance. 

Mr. COLQUITT introduced a bill (S. 1100) for the relief of Mil- 
dred P. PouUain, widow of Dr. Thomas N. Poullain, deceased; 
which was read twice by its title, and referred to the Committee 
on Claims. 

Mr. PEFFER introduced a joint resolution (S. R. 32) to amend 
the Constitution so as to elect the President and Vice-President 
by a direct vote of the people; which was read twice by its title, 
and referred to the Committee on Privileges and Elections. 

AMENDMENT TO BILL. 

Mr. PADDOCK. I beg leave to present an amendment in the 
nature of a substitute for the bill (S. 427) to provide for the erec- 
tion of public buildings for post-offices in towns and cities where 
the post-office receipts for three years preceding have exceeded 
$3,000 annually. I ask that the amendment may be jn-inted and 
lie on the table. The bill to which it relates is on the Calendar. 

The VICE-PRESIDENT. It will be so ordered. 

ESTATE OP OLYMPUS YOUNG. 

Mr. GIBSON of Maryland submitted the following resolution; 
which, with the accompanying papers, was referred to the Com- 
mittee on Claims: 

Eesolved, That the claim of Abraham E. Eves, executor of the estate of 
Olympus Yoimg, deceased, now of the county ot Somerset, State of Mary- 
land, and late of the State of Louisiana, for quartermaster and commissary 
stores and sui^pUes aud oilier projierty alleged to have been taken and used 
by the United States Army during the late war from the plantation of the 
said Olympus Young, deceased, near Brashear City, now Morgan City, in the 
parish of St. Marys, State of Louisiana, be referred to the Secretary of War, 
who shall investigate the justice and equity of said claim and the loyalty of 
the said deceased, and report the amount and value of said property taken 
and used by the said Army, and also what amount, if any, lias been paid on 
the same; and that he report all the facts and evidence in the case for the 
further consideration ot the Senate. 

RECIPROCAL TRADE AGREEIVIENTS. 

Mr. HALE submitted the following resolution; which was read: 

liesolvtd, That the Secretary of State be, and is hereby, directed to send to 

the Senate, as early as Is practicable, copies ot all agreements made with 




other coimtrles relating to an interchange ot trade aud commerce under tha 
provisions of section 3 of an act entitled "An act to reduce the revenue and 
equalize duties on Imports, and for other purposes," approved October 1, 1890; 
and also to furnish the Senate with all information received as to the practi- 
cal effect of such agi-eements. 

Mr. HALE. I ask that the resolution lie upon the table. I 
shall call it up shortly. 

The VICE-PRESIDENT. The resolution will lie upon the 
table and be printed. 

BRIGHTWOOD RAILWAY COMPANY. 

Mr. MCMILLAN submitted the following resolution;^ 
was considered by unanimous consent, and agreed to> 

Ptesohed. That the Commissioners of the District ot Columbia lii>, ;ind they 
are hereby, instructed to report to the Scnale of the United States, first, 
whether the Brightwood Railway Company of the District of Columbia com- 
pleted its railway from Boundary street to the boundary line of the District 
of Columbia within the time si^ecilied In section 8 of its charter for the com- 
pletion of the same; .secondly, whether "cars ot the best construction " are 
now used on said road, aud are run "as often ;is the public convenience may 
reciiiire, in accordance with a table or schedule llxod by t he company, a copy 
of which shall bo filed with the Commissioners of the District of Onliimbia 
and approved by them," as pro\'ided in section 10 ot the act of incorporation. 

MEXICAN COMMISSION AWARDS. 

Mr. DOLPH. If the morning business is concluded, I call for 
the regular order. 

The VICE-PRESIDENT. Is there further morning business? 
If not, that order is closed, and the Chair lays before the Senate 
the regular order, which is Senate bill 539. 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (S. 539) to amend and enlarge the act ap- 
jifoved Juno 18. 1878, entitled '"An act to provide for the distri- 
bution of the awards made under the convention between the 
United States of America and the Republic of Mexico, concluded 
on the 4th day of July. 1868.'' 

Mr. DOLPH. Mr. President, I do not see the junior Senator 
from Indiana [Mr. TURPIE] present. I have been appealed to 
by him to permit this bill to go over until his colleague [Mr. 
VoORHEES] can reach Washington. I understand that the sen- 
ior Senator from Indiana will be here to-morrow, and I have 
been informed by the junior Senator that he would have no ob- 
jection to my presenting the bill to the Senate to-day, giving 
his colleague an opportunity to speak upon it to-morrow. I under- 
stand, also, that the Senator f I'om Missouri [Mr. Vest] desires to 
speak upon the bill and is ready to do so. I do not suppose 1 hat tho 
senior Senator from Indiana would particularly desire to be pres- 
ent at its consideration to-day. 

But I am more embarrassed in regard to this measure by a 
communication which I received from the senior Senator from 
New York [Mr. Hiscock] late this morning, leaving mo no time 
to communicate with him, in which he says: 

The La Abra bill is on the Calendar, and possibly you have given notice 
to call It up on Monday or some day this we*ek. I .am one of the subcommit- 
tee of the (liommlttee on Finance to investigate the r .'rations of t.iic tariff 
laws, prices, etc., and It has been arranged that we meet in New York to- 
morrow — 

This letter was dated on the 17th of January — 

for a final meeting there, and it seems to be necessary that I should attend. 
We will doubtless remain there the most of the week. I ascertained that 
New York people mainly are Interested In the bill. Some of them I know, 
aud they are A'ery decent folks, and it would beneces^-ary for me to carefully 
study the merits of the measure," etc. 

Then he appeals to me to permit the measure to go over until 
he returns. He also says : 

I tmderstand there are two measures; I am not s'.re that both have been 
reported. I should like this cottrtesy in respect to both. 

That is, the Weil claim and the La Abra claim. I regret ex- 
ceedingly that this appeal has been made to me. I do not like 
to appear to be lacking in senatorial courtesy, but my friend 
from New York certainly did not understand tho position in 
which this measure stands at the jiresent time. He supposes that 
simply a notice had been given to call it up to-day, but on tha 
contrary the bill was called up and read at length, and the report 
of the committee printed in connection with it, on the 7th day 
of January, and an order was made that after the conclusion of 
the morning business to-day the bill should lake precedence of 
any other special order or unfinished business. The postpone- 
ment was made to accommodate the senior Senator from Indiana 
[Mr. VooRHEES]. The people of New York are not the only 
people who are interested in the bill. There have been various 
assignments and divisions of the award made until there are peo- 
ple in several States of tho Union interested, and there are 
several Senators who desire to be present when the bill is con- 
sidered. 

The danger that I should incur if I were to grant tho request 
of the Senator from New York and submit to another postpone- 
ment of the bill for a week would be that, at the end of the week, 
the senior Senator from Indiana might be absent and could not 
conveniently be present to present his views upon the measure, 



358 



CONGRESSIOI^AL EEOOBD— SENATE. 



Jajstuajry 18, 



or tho Senator from Missovu-i would not be accommodated by the 
cTiange, and in the end the postponement of the bill from day to 
da,y would result, at the present session, precisely as it resulted 
in the last session of Congress— the bill would be postponed un- 
til there were so many measures upon the Calendar of public in- 
terest and private interest that it would be impossible to get it 
up for consideration. 

This measure has been before Congress, in some shape, since 
1877, when the Secretary of State appealed to Congress to pass 
some law providing for the distribution of the awards, or of the 
payments upon the awards as they were made annually by the 
Mexican Government. There have been various propositions bo- 
fore Congress for the action of Congress and of the Government 
in regard to this award. This bill was reported favorably in tlie 
Forty-ninth Congress by the senior Senator from Alabama [Mr. 
Mokgan]. This matter was examined by the Committee on For- 
eign Relations, or a subcommittee of the Committee on Fol'eign 
Relations in the Fiftieth Congress, and a large amount of testi- 
mony taken and an exhaustive report submitted in favor of the 
passage of the bill; but it was so late in the session that it was 
impossible to procure consideration for it at that time. At tho 
last Congress we encountered tho same difficulty in pressing and 
endeavoring to get the bill up for consideration before the Sen- 
ate that we encounter now. There were so many people inter- 
ested in it, so many Senators desired to have it postponed from 
time to time, that it was postponed imtil so late a day in the ses- 
sion that it was impossible to get it up for consideration in the 
Senate. 

Mr. President, what is the condition of the matter now? It 
was the fourth bill on the Calendar reported to the Senate. It 
was ordered reported at the first meeting of the Committee on 
Foreign Relations. It is the second bill now on the Calendar. 
As I said, it was called up on the 7th of January and was made 
the special order for to-day, to take precedence of all other busi- 
ness. Apparently, now, the friends of the measure ha^^e an op- 
portimity to secure its consideration and action upon it by the 
Senate in order that it may bo sent to the other House and may 
be in a situation to receive early consideration there. It has 
been once postponed for the accommodation of an absent Stmar 
tor. Another I'cquest is now made. I have no means of infor- 
mation as to whether at the expiration of another week, the time 
fixed, would be any more satisfactory to Senators and accommo- 
date a larger number of Senators than the time which has already 
been fixed by the Senate for the consideration of the bill. 

I also learned this morning that tho junior Senator from New 
York [Mr. Hill] had received a communication from parties in 
New York in regard to this bill, and will, undoubtedly, give it 
attention and be prepared to represent their interests to the Sen- 
ate. Under the circumstances — and I take this public method of 
stating the facts in regard to the case in order that the senior 
Senator from New York [Mr. Hiscocii] will not feel aggrieved 
by my action — I regret that I do not feel at liberty to consent to 
the post]5onement of the measure. 

Mr. VEST. Mr. President, so far as I am personally concerned 
I am as ready to say what I desire to say on this subject now as 
at any other time. I have no request to prefer in regard to it. 

The senior Senator from Indiana [Mr. Voorhees] telegraphed 
this morning from Altoona that he is on his way and will be here 
this afternoon, but at so late an hour in the afternoon that it will 
not be possible for him to attend the session of the Senate to-day. 
He is anxious to be here when the cases are taken up. I say'" the 
cases," because the same legal question arises in one case as in 
the other, although the facts of the two cases are different. That 
is all I desire to say in regardto it. I am perfectly willing to take 
the bill up now or take it up to-morrow morning. 

I rose principally to move that the minority report in the La 
Abra case, which was submitted at a previous Congress by the 
then Senator from Georgia, Mr. Brown, notnow a member of this 
body, be printed in the Record, as was the majority report. 

The VICE-PRESIDENT. That will be done in the absence of 
objection. 

Mr. SHERMAN. What is that? 

Mr. VEST. I ask that the minority report be printed in the 
Record. 

The VICE-PRESIDENT. It will be so ordered in the absence 
of objection. 

Mr. MORGAN. I think that minority report has been hereto- 
fore pi'inted in the Record. At all events, I know it was iDrinted 
as a document at the last session of Congress. 

Mr. DOLPH. In the Fiftieth Congress. We did not reprint 
the report in tho last Congress. 

Mr. MORGAN. There is no minority report at this session of 
Congress at all. No one has made a minority report. The com- 
mittee is differently constituted from what it was then. Mr. 
Brown is not a member of the Senate, and to bring his report for- 
ward and print it in the RECORD is merely to put in an argTiment 



which has been made heretofore and which already is in the 
possession of the Senate as a document. It is a very extensive 
argument prepared by counsel. I hardly think that the Record 
ought to be encumbered with it. Senators can have access to it. 
There are plenty of copies of it here. The country feels no in- 
terest in it except iqion the question of law. 

The VICE-PRESIDENT. TheChairwill submit the question 
to the Senate for its decision. 

Mr. MORGAN. That minority report isTery extensive, and 
it would take up a v/hole Record'. 

Mr. SHERMAN. I trust the Senate will not set an example 
of this kind, because it will encumber the Record unnecessarily. 
The report is much more convenient in the form of a pamphlet, 
as it is now upon oui- taljles, than it would be if put in the Rec- 
ord. In tho Record it wonid be in inferior type; it would not 
be readily accessible, nor could it be used on the floor of the Sen- 
ate. The cost of printing a document of that kind in the REC- 
ORD, where it has to be repeated ever so many thousand times, 
would amount to a large svim. 

The VICE-PRESIDENT. There are 75 pages in the report. 

Mr. SHERMAN. Seventy-five pages. I hope the Senate will 
consider the question of sufficient importance to take a vote upon 
it. I desire to vote in the negative upon any proposition to print 
reports of committees of an unusual size in the Record. They 
are all put in volumes so that they can be accessible in the future, 
and are more convenient in that form than they are in the Rec- 
ord. The reports of committees of both Houses of Congress are 
printed in books, which are furnished to us in sufficient numbers 
for all pi'actical purposes, and the idea of duplicating a publica- 
tion of that kind in the Record is not only an unnecessary cost, 
but it is altogether useless and a waste of the public money, in 
my judgment. I shall therefore vote "no" on the proposition. 

Mr. VEST. The objections made by the Senator from Ohio 
ought to have been made when the majority report was ordered 
to be printed in the Record. 

Mr. SHERMAN. If I had been here I certainly should hare 
objected. When was that printed? 

Mr. VEST. It was printed at this session, some three or four 
days ago perhaps. 

Mr. DOLPH. It was printed on the 7th of January. 

Mr. VEST. It was printed on tho 7th day of January. I do 
not suppose that is of the essence of the matter at all. It was 
done at this session. 

Mr. SHERMAN. I was not here at the time. 

Mr. VEST. As to tho minority report being printed, as sug- 
gested by the Senator from Alabama []\Ir. Morgan], in a sepa- 
I'ate document, a miscellaneous document, the same holds true in 
regard to the majority report. There it is as a miscellaneous 
document of the Senate, printed and reprinted. 

I did not see the other day any necessity for printing the ma- 
jority report of the committee in the Record, but it was done, 
and as a matter of fairness the two sides of the question ought to 
be presented. It is very true that the report of the then Senator 
from Georgia was not made at this session and that he has ceased 
to be a member of the Senate; but the issues are identical. He 
was a member of the subcommittee of which the Senator from 
Alabama was chairman, from a majority of which, composed of 
the Senator from Alabama and the Senator from Oregon, came 
this report, based on tho report made by them to the full Com- 
mittee on Foreign Relations. This minority report comes from 
the third member of that subcommittee. In justice to him, after 
putting the majority report in the Record, the minority report 
ougiit also to be put there. 

I will say in addition that whatever the action of the Senate 
may be it will not keep this report out of tho Record if I or any 
other member choose that it shall go in, because I can make it a 
pai't of my argument, or any other Senator can do the same, and 
it will be reported in his speech, and would be simply a ques- 
tion of the physical endurance of the Senator. 

The VICE-PRESIDENT. The Chair will put tho question on 
the motion of the Senator from Missouri [Mr. Vest]. The ques- 
tion is on the motion of the Senator from Missouri that the mi- 
nority report, to which he has referred, be printed in the Rec- 
ohd. 

The question being put; a division was called for, and the ayes 
were 5 and the noes 11. 

Mr. SHERMAN. It is manifest that there is no quorum, and 
I think, therefoi"e, the motion shoidd be withdrawn. 

Mr. VEST. No quorum has voted. 

The VICE-PRESIDENT. No quorum voting, the roll wiU be 
called. 

Mt. hale. Perhaps the Senator from iEssouri will with- 
draw his motion. 

Mr. VEST. I do not intend to be captious about this matter. 
As my colleagues here know, I generally defer to the will of Uie 
majority; but this report will go into the Record if I have to 



1892. 



CONGRESSIONAL EECORD— SENATE. 



389 



under the provisions of the Bowman act— to the Committee on 
War Claims. . ^ „ „ . 

By Mr. WHEELER of Michigan: Petition of J.S. Gregg and 
others, of Manistee County, iMich., for free delivery of mails in 
country districts— to the Committee on the Post-Office and Post- 
Roads. , , 

Also, petition of J. Butler and others, for the improvement ol 
Frankfort harbor— to the Committee on Rivers and Harbors. 

By Mr. WILLIAMS of Illinois: Petition in support of House 
bill 3923, for the relief of Sarah A. Nelson, of Lebanon, Mo.— to 
the Committee on Pensions. 

Also, papers to accompany House bill 3884,for the relief of Cur- 
tis P. Wise— to the Committee on Military Affairs. 

By Mr. WILLIAMS of North Carolina: Petition of citizens of 
Rockingham County, N. C, in regard to special tax on tobacco 
dealers — to the Committee on Ways and Means. 

By Mr. WILSON, of Washington: Papers to accompany House 
bill 3492, for the relief of Robert Williams— to the Committee on 
Military Affairs. 

By Mr. WISE: Petition of W. H. Wesson, to accompany House 
bill 3501— to the Committee on War Claims. 



SENATE. 

Tuesday, January 19, 1802. 

Prayer by the Chaplain, Rev. J. G. Butler, D. D. 

The Journal of yesterday's proceedings was read and api)roved. 

MEXICAN COlDiIISSION AWARDS. 

The VICE-PRESIDENT laid before the Senate the following 
message from the President of the United States; which was 
read: 
To the Senate of tlie United States: 

I transmit herewith to the Senate a report of the Secretary of Stat« in an- 
swer to the resolution of the Senate of the r^th instant, making inquiries re- 
garding payments of the awards of the Claims Commission tmder the con- 
vention of July 4, 1868, between the United States and Mexico. 

BEN J. HARRISON. 

EXECUTFVE MANSION, Washington, January 18, 1802. 

The VICE-PRESIDENT. The message, in the absence of the 
Senator from Alabama [Mr. Morgan], will lie on the table tem- 
porarily, and he printed. 

Mr. VEST. I should like to have the accompanying communi- 
cation from the Secretary of State read. 

The VICE-PRESIDENT. The paper will be read. 

The Chief Clerk read as follows: 

Department of State, Washington, January 14, 18'J2. 

The Secretary of State has the honor to submit herewith a report in an- 
swer to the resolution of the Senate of the United States of the 12th instant, 
respecting the awards of the Mixed Claims Commission which sat at Wash- 
ington under the convention of July 4, 1868, between the United States and 
Mexico. 

The awards of the Commission were rendered in Mexican gold, American 
gold, and American cm'rency . By the terms of the protocol between the Sec- 
retai'y of State and the Mexican minister under date of January 31. 1878, the 
various cm-rencles were reduced to the basis of American gold. Upon this 
bisis the net indebtedness of Mexico to the United States, by reason of the 
awards, was ascertained to be $3,865,498.43. 

This amount was paid in full to the United States by Mexico in fourteen 
annual installments in perfect accordance with the terms of the convention, 
the final payment ha%-ing been made January 21, 1890. 

The ascertainment of the proportionate share of each of the awards, num- 
bering in all 187, in the total sum of the indemnity, is set forth in detail in 
the annexed table, marked "A." 

Nearly all of these awards have been paid in full to the awardees or their 
assigns, the principal exceptions being the awards iutavorof Benjamin Well 
and La Abra Mining Company. 

There is at present on deposit to the credit of the Secretary of State, with 
the assistant treasurer of the United States at New York, on accoimt of all 
awards of the Commission, the sum of $700,968.57. 

Of this amoimt the sums of »e87,833,77 and M03,030.08 are withheld, respec- 
tively, on account of the awards rendered in favor of Benjamin Well and the 
La Abra Silver Mining Company. These sums aggregate $690,863.85, thus 
leaving of the sum above stated as being In the hands of the Secretary of 
State, only $10,104,73 yet to bo distributed on accoimt of outstanding inter- 
ests among the other 185 awards. Deaths of the principals and failure of 
their administrators or executors to presenttheirclaimsforthebalancesdue 
them are the only causes why this sum of $10,101.73 remains undistributed. 
It is reasonable, however, to expect that the persons entitled to this remain- 
der will present themselves in the near future. 

In specific answer to that portion of the resolution which Inquires " the 
amomtt of any award madeundersaid conrentionthat has been refused pay- 
ment by the 'state Department, and what person or persons are now the 
claimants of interest in said awards, the payment of which has beenrefused," 
I have the honor to state that payments have been refused only in the two 
cases above referred to, namely those of "Benjamin Well" and the "LaAbra 
Milling Company, " and that the annexed transcripts, marked "B" and "C," 
from the Department's docket, show In detail the dates and amounts of pay- 
ments made on these awards, respectively, and the persons to whom paid, as 
well as briefs of the instruments on file in the Department showing what per- 
sons are the claimants of interests In these awards. 

In answer to the concluding inquiry of the resolution, I have the honor to 
State that at no time has any part of the moneys received from Mexico been 
Invested. 

Respectfully submitted. „ 

*^ JAMES G. BLAINE. 

To the PKEsmENT. 

(With inclosures.) 



The VICE-PRESIDENT. The message, with the accompany- 
ing papers, will lie on the table, and be jirinted. 
SUTPLY OF CIRCUL.'VTION. 

Mr. STANFORD. I desire to give notice that on Thursday 
morning next I shall ask the Senate to take up the bill (S. 1204) 
to provide the Government with means sufficient to supply the 
national want of a sound circulating medium, and that 1 shall 
then ask the privilege of submitting a few remarks upon the 
measure. 

PETITIONS AND MEMORIALS. 

The VICE-PRESIDENT iirosonted a petition of citizens of 
Stillwater, Minn., praying for the grant of a loan to the World's 
Columbian Pair, on condition that the exposition be not open on 
Sunday ; which was referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. WILSON presented a petition of .34 citizens of Carnarvon, 
lovv'a, praying for the pas.sago of a bill similar to what is com- 
monly known as the Buttcrwortli option bill; which was referred 
to the Committee on Agriculture and Forestry. 

Mr. McMillan presented a petition of the Military Order of 
the Loyal Legion of the United States, of Detroit, Mich., pray- 
ing that an ajipropriation b.i made for a military chapel at Ar- 
lington; which was referred to the Committee on Military A (Tairs. 

He also presented a petition of the Military Order of the Loyal 
Legion of the United States, of Detroit, Mich., praying for the 
passage of legislation prohibiting the improper u.sc of the Hag 
of the United States; which was referred to the Committee on 
Military Affairs. 

He also presented a petition of the United Presbyterian Church 
of Bruce, Mich., praying that the World's Columbian Fair be 
closed on Sunday, in accordance with the la,w of God, the rights 
of man, and American precedents; which was referred to the 
Committee on the Quadro-Centennial (Select). 

Mr. DAWES presented the petition of the Board of Commis- 
sioners of Foreign Missions, signed by Rev. Richard S. Storrs, its 
president, and other officers of that organization, praying for the 
ratification of the Brussels treaty; which was ordered to lie on 
the table. 

Mr. COKE presented a petition of the city council of Laredo, 
Tex., praying for the establishment of a military post at that 
place for the protection of the frontier; which was referred to 
the Committee on Military Affairs. 

Mr. HANSBROUGH presented a petition of citizens of Mod- 
ford, N. Dak., praying for the passage of legislation .similar to 
what is commonly known as the Butterworth option bill; wliich 
was referred to the Committee on Agriculture and Forestry. 

Mr. HOAR presented a petition of District Assembly No. 210, 
Knights of Labor, of Boston, Mass., praying for the passage of a 
bill to authorize the collection of statistics relative to the slums 
of cities; which was referred to the Committee on Education and 
Labor. 

Mr. PERKINS. I present resolutions in the nature of peti- 
tions from the Transmississippi Commercial Congress, the West- 
ern States Commercial Congress, and other bodies, praying for 
the passage of what is known and recognized as the Torrey bank- 
ruptcy bill. I move that the petitions be referred to the Com- 
mittee on the Judiciary, to be considered in connection with the 
bill. 

The motion was agreed to. 

REPORTS OF COMMITTEES. 

Mr. MANDERSON, from the Committee on Indian Affairs, to 
whom was referred the bill (S. 781) for the relief of John Little 
and Hobart Williams, of Omaha, Nebr., reported it without 
amendment, and submitted a report thereon. 

He also, fi-om the Committee on Military AfTairs, to whom was 
referred the bill (S. 800) for the relief of Wells C. McCool, re- 
ported it without amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 776) for the relief of the heirs of Charles B. Smith, de- 
ceased, reported it without amendment, and submitted a report 
thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 859) for the relief of First Lieut. James Regan, United 
States Army, reported it without amendment, and submitted a 
report thereon. 

Mr. WALTHALL, from the Committee on Military Affairs, to 
whom was referred the bill (S. 209) to place Henry Zell on tlie 
retired list of the Army, reported it without amendment, and 
submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 78) making an appropriation for the improvement of the 
road to the national cemetery near Pensacola, Fla., reported it 
without amendment, and submitted a report thereon. 

Mr. DAWES, from the Committee on Indian Affairs, to whom 



390 



CONGEESSIONAL RECORD— SENATE. 



January 19, 



was refon-ed the bill (S. 12) to authorize tho Secretary of the In- 
terior to settle the claims of the legal representatives of S. W. 
Marston, late United States Indian agent at Union Agency, In- 
dian Territory, for services and expenses, reported it without 
amendment, and submitted a report thereon. 

He also, from tne same committee, to whom was referred the 
bill (S. 478) for the relief of Mrs. S. B. Duvall, widow of the lat« 
Rev. W. P. Duvall, deceased, reported it with an amendment. 

Ho also, from the same committee, to whom was referred the 
bill (S. 734) for the relief of John McBean, of Umatilla County, 
Oregon, reported it without amendment. 

Mr. PETTIGREW, from tho Committee on Indian Affairs, to 
whom was referred the bill (S. 698) to authorize the Secretary of 
the Interior to carry out in part the provisions of ''An act to 
divide a portion of the reservation of the Sioux Nation of Indians 
in Dakota into separate reservations, and to secure the relin- 
quishment of the Indian title to the remainder, and for oth<'r 
purposes," approved March 2, 1889, and making apjiropriations 
for the same, and for other purposes, reported it with an amend- 
ment. 

Mr. HOAR. I am directedbytheCommitteeontheJudiciary, 
to wliom was referred the joint resolution (S. R. 3) proposing an 
amendment to the Constitution of the United States in regard 
to the election of President, to ask that the committee be dis- 
charged from the further consideration of the joint resolution, 
and that it be referred to the Committee on Privileges and 
Elections. 

The report was agreed to. 

Mr. HOAR. I am also directed by the Committee on the .Ju- 
diciary, to whom was referred the joint resolution (S. R. 4) pro- 
jjosing an amendment to the Constitution of the United States 
which shall extend the term of the office of the President to the 
30th of Api'il, to ask'to be discharged from its further consider- 
ation, and that it be referred to the Committee on Privileges 
and Elections. 

The report was agreed to. 

Mr. SQUIRE, from the Committee on Public Buildings and 
Grounds, to whom was referred the bill (S. 617) providing for the 
erection of a public building at tho city of Spokane Falls, in the 
State of Washington, reported it without amendment, and sub- 
mitted a repox't thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 113(i) pi-oviding for the erection of a public building at 
the city of Tacoma, in the State of Washington, reported it 
without amendment, and submitted a report thereon. 

COURTS IN MISSOURI. 
Mr. VEST. I am instructed by the Committee on the Judi- 
ciary to I'eport favorably, with an amendment, the bill (S. 418) to 
change the times for holding tho circuit and district courts of 
the United States for tho western district of Missouri. It is a 
matter of very great importance tolitigants, to the attorneys, and 
the judge of that district that the bill should be dispas^^^^soon. 
as possible. It makes changes simply in tho term^^HreoouHs< 
and it is of great importance that the public should know soon. 



if the bill is to become a law, what the changes are, and I ask 
for its immediate consideration. ' >a ^'<fc,- 

The VICE-PRESIDENT. The bill will be read-flTeng 
information. 



length for 



The Chief Clerk read tlie bill, and the Senate, by unanimous 
consent, as in Committee of the Whole, proceeded io its consid- 
ei-ation. ^jSAirfto" ; 

The amendment of tho Committee on tho Judiciary was, after 
line 14, to insert a new section, as follows: 

Sec. 3. Tluat no action, suit, proceeding, Informatiou. indictment, recogni- 
zance, bail bond, or other process, in eitlier of said courts, shall abate or be 
rendered invalid by reason of the chjinge in time in holding the terms of said 
courts, but the same shall be deemed to be returnable to, pen4abl^and tri- 
able at the terms herein provided for. ^BliMS' 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

BILLS INTRODUCED. 

Mr. BLACKBURN introduced a bill (S. 1701) for the benefit 
of Mrs. Mary T. Duncan, of Kentucky; which was read twice by 
its title, and I'eferred to the Committee on Claims. 

Mr. STEWART introduced a bill (S. 1702) to amend an act en- 
titled "An act to incorporate the Washington and Western Mary- 
land Railroad Company;" which was read twice by its title, and 
referred to tlie Committee on the District of Colunsbia. 

Mr. MORRILL introduced a bill (S. 1703) to provide a more 
perfect organization for the United States Naval Observatory, 
and for other purposes; which was read twice by its title. 

Mr. MORRILL. I desire to state that we have a structure for 



this purpose which is superior, perhaps, to any in the world. It 
is well understood that we are going to need all the naval officers 
for the ships that we have built and are building, and therefore 
it becomes indispensable , almost, that we should seek for the head 
of this national observatory a man who will be willing to spend 
his life in the service, and one, perhaps, the best qualified in the 
United States. I move that the bill be referred to the Commit- 
tee on Naval Affairs. 

The motion was agreed to. 

Mr. SHERMAN introduced a bill (S. 1704) for tho reUef of 
William Welsh; which was read twice by its title, and referred 
to the Committee on Military Affairs. 

Mr. HOAR introduced a bill (S. 1705) to prevent tho manufac- 
ture of clothing in unhealthy places and the sale of clothing so 
manufactured; which was read twice by its title. 

Mr. HOAR. This is a bill to suppress what is known as the 
sweating system. I move that it be referred to the Committee 
on Education and Labor. 

The motion was agreed to. 

Mr. SHERMAN introduced a bill (S. 1706) to provide for tho 
erection of an extension to the custom-house, court-house, etc., 
building at Toledo, Ohio; which was read twice by its title, and 
referred to the Committee on Public Buildings and Grounds. 

Mr. BATE introduced a bill (S. 1707) for the relief of Capt. W. 
M. Wallace; which was read twice by its title, and referred to 
the Committee on Military Affairs. 

He also introduced a bill (S. 1708) for the relief of Mrs. Sarah 
J. Waggoner; which was read twice by its title, and referred to 
the Committee on Pensions. 

Mr. PROCTOR introduced a bill (S. 1709) to grant to the 
Champlain and St. Lawrence Railroad Company a right of way 
aci-oss tho Fort Montgomery military reservation; which was 
read twice by its title, and referred to the Committee on Mili- 
tary Affairs. 

Mr. PERKINS introduced a bill (S. 1710) to authorize the Rio 
Grande, Mexico and Pacific Railroad Company to purchase cer- 
tain land; which was read twice by its title, and referred to the 
Committee on Public Lands. 

He also introduced a bill (S. 1711) providing for the payment 
of awards made to Creek Indians who enlisted in the Federal 
Army, loyal refugees, and freedmen; which was read twice by 
its title, and referred to the Committee on Indian Affairs. 

Mr. CHANDLER introduced a bill (S. 1712) to enable the At- 
torney-General to provide for the proper defense of cases brought 
in the Court of Claims for damages arising from Indian depreda- 
tions: which was read twice by its title, and referred to the Se- 
lect Committee on Indian Depredations. 

Mr. CAMERON introduced a bill (S. 1713) for the relief of 
George C. Foulk; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Naval 
Affairs. 

Mr. MCMILLAN introduced a bUl (S. 1714) to prevent cruelty 
JiO children in the District of Columbia, and for other purposes; 
which was read twice by its title, and referred to the Committee 
on the District of Columbia. 

He also introduced a bill (S. 1715) to amend "An act to authorize 
-»*he Commissioners of the District of Columbia to make police 
regulations for the governm^t of said District," approved Jan- 
uary 26, 1887; which was read twice by its title, and referred to 
the Committee on the District of Columbia. 

He also introduced a bill (S. 1716) to confer upon the Commis- 
sioners of the District of Columbia the power and authority 
heretofore existing in the mayor of the citj' of Washington in 
the matter of opening, altering, and changing alleys; which was 
read twice by its title, and, with the accompanying papers, re- 
ferred to the Committee on the District of Colimabia. 

He also introduced a bill (S. 1717) for the relief of Samuel G. 
;J!Tmter; which was read twice by its title, and, with the accom- 
panving papers, referred to the Committee on Claims. 

MV. gray introduced a bUl (S. 1718) to pay the SUte of Dela- 
ware for advance of money in the war of 1812, reported to be due 
by the Secretary of the' Treasury; which was read twice by its 
title, and referred to the Committee on Claims. 

He also introduced a bill (S. 1719) to authorize the Secretary 
of the Treasury at his discretion to obtain the plans for the pub- 
lic buildings erected by direction of Congress under the Treasury 
Department; which was read twice by its title, and referred to 
the Committee on Public Buildings and Grounds. 

He also introduced a bill (S. 1720) for the relief of Henry Frank; 
which was read twice by its title, and referred to the Committee 
on Claims. 

Mr. HAWLEY introduced a biU (S. 1721) to increase the pay 
of certain noncommissioned officers of the Army; which was 
read twice bj'its title, and referred to the Committee on Military 
Affairs. 

He also introduced a bill (S. 1722) to provide for the examina- 



1892. 



CONGRESSIONAL EEOORD— SENATE. 



393 



morning hour. It is immaterial to me to which Calendar they 
may go; but I object to their coming up in the morning hour 
when there is not proper time for their consideration. 

Mr. PRYE. As the Senator in charge of the bills is not pres- 
ent at the moment, let them go over without prejudice. 

Mr. BERRY. Very well; let them retain their places on the 
Calendar, the Senator from Oregon [Mr. Dolph] not being pres- 
ent. 

The VICE-PRESIDENT. That order \7ill be made in the ab- 
sence of objection. 

BILLS PASSED OVER. 

Mr. DOLPH. Mr. President, I was unavoidably absent from 
the Senate Chamber for a moment, and I should like to inquire 
what disposition was made of Order of Business 25, being the bill 
(S. 143) to increase the endowment of the Louisiana State Uni- 
versity and Agricultural College, and for the Southern Univer- 
sity of Louisiana. 

The VICE-PRESIDENT. The bill went over without preju- 
dice. 

Mr. DOLPH. A new bill has been introduced and is under con- 
sideration by the Committee on Public Lands, and I think this 
bill may be re-refei-red to the Committee on Public Lands or be 
indefinitely postponed. It is, I think, a matter of indifference 
which course is pursued. 

Mr. SHERMAN. The Senator from Louisiana [Mr. White] 
was here at the time the bill was called up. 

Mr. DOLPH. The Senator from Louisiana has introduced an 
amended bill to take the place of the one on the Calendar, and he 
probably did not understand that this bill would remain upon 
the Calendar. Simply to get rid of it, I will ask that it be re- 
committed to the Committee on Public Lands. 

The VICR.-PRESIDENT. The Senator from Louisiana [Mr. 
WHiTi!;] asked that the bill might go over without prejudice. 

Mr. DOLPH. "What was done with Order of Business 28, be- 
ing Senate bill 1247? 

The VICE-PRESIDENT. What shall be done with Order of 
Business 25, to which the Senator has referred? The Senator 
fi-om Louisiana asked that the bill might go over without jireju- 
dice, and he is not in his seat at this moment. 

Mr. DOLPH. I presume there can be no objection to the bill 
for the purchase of sites for fortifications. If sent to the other 
House, the House can take its choice of passing- an independent 
measure or providing an appropriation on the fortifications ap- 
propriation bill; or, if not, I am authorized when that bill comes 
into the .Senate to report an amendment to it. 

Mr. COCKRELL. I do not understand what is now jiending. 

The VICE-PRESIDENT. The Senator from Oregon is asking 
information as to what the action of the Senate was on Order of 
Business 25. The title of the bill will be reported. 

The Chief Clerk. A bill (S. 143) to increase the endowment 
of the Louisiana State University and Agricultural College, and 
for the Southern University of Louisiana. 

Mr. COCKRELL. I understood that was passed over without 
objection, at the instance of the junior Senator from Louisiana 
[Mr. White], who reported it. 

Mr. DOLPH. I stated that the Senator from Louisiana had 
introduced an amended bill, which is nf)w before the Committee 
on Public Lands, and it will be acted upon soon. Tliat commit- 
tee does not desire this bill acted upon, and, in order that it might 
be got off the Calendar, I have asked that it bo referred back to 
the Committee on Public Lands, and then, when the other bill 
is reported, this bill will probably be reported adversely and in- 
definitely postponed. This is to clear it from the Calendar. 

The VICE-PRESIDENT. Is there objection to the suggestion 
of the Senator from Oregon? The Chair hears none and the bill 
will be recommitted to the Committee on Public Lands. 

Mr. DOLPH. Order of Business 29, being the bill (S. 871) to 
provide for fortifications and other seacoast defenses, may go 
over under Rule IX as it can not be considered imder Rule VIII, 
and I will give notice that as to Order of Business 28, being the 
bill (S. 1247) making an appropriation for the purchase of sites 
for fortifications, when the Calendar is again called during the 
morning hour I shall ask that that be disposed of. 

The VICE-PRESIDENT. The title of Order of Business 29 on 
the Calendar will be stated. 

The Chief Clerk. A bill (S. 871) to provide for fortifica- 
tions and other seacoast defenses. 

Mr. DOLPH. That will go over under Rule IX. 

The VICE-PRESIDENT. The bill will go over under Rule 
IX if there be no objection. 

Mr. DOLPH subsequently said: I came in after the bill in re- 
lation to granting some public lands to the State of Louisiana 
had been passed over. Knowing that another bill had been in- 
troduced and referred to the committee, I thought it would re- 
lieve the record to have it re-referred, and I asked that that be 



done. I find that the Senator from Louisiana supposes that it is an 
advantage to him to have the bill al ready reported retain its place 
on the Calendar, so I will ask to have the order that was made 
at my request reconsidered and the bill retained on the Calendar 
instead of being recommitted to the Committee on Public Lands. 

Mr. COCKRELL. It will be restored to the place it occupied? 

Mr. DOLPH. Let it be restored to the place it held on the 
Calendar. 

The PRESIDING OFFICER (Mr. Frye in the chair). With- 
out objection the vote recommitting the bill will be regarded as 
reconsidered, and the bill restored to its place on the Calendar. 
public building at tampa, fla. 

The bill (S. 79) for the erection of a public bviilding at Tampa, 
Fla., was considered as in Committee of the Whole. 

The bill was reported from the Committee on I'ublic Buildings 
and Grounds with an amendment in section 2, line 11, after the 
words '• sum of," to strike out ''two hundred'' and insert " one 
hundred and forty;" so as to read: 

That no plan for said building shall bo approved by the Secretarv of the 
Trea.sury Involving an expenditure exceeding the sum of $110,000. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

PUBLIC building AT WATERBURY, CONN. 

The bill (S. 237) for the erection of a public building at Water- 
bury, Conn., was considered as in Committee of the Whole. 

The bill was reported to the Senate without amendment, 
ordered to be engrossed for a third reading, read the third 
time, and passed. 

PUBLIC building at HASTINGS, NEBR. 

The bill (S. 1054) to provide for the construction of a public 
building at Hastings, Nebr., was considered as in Committee of 
the Whole. 

Mr. COCKRELL. I should like to have some explanation of 
that bill. I discover that a number of these bills are re])orted 
from the Committee on Public Buildings and Grounds without 
any printed report and we have no means of gaining any infor- 
mation in regard to them. I should like to know soruething 
about the size of this city, whether there is any United States 
court held there, and what kind of governmental business neces- 
sitates the erection of a public building there? 

Mr. PADDOCK. Thisisareintroductionof abillwhioh passed 
at the last Congress, and which had before passed in the two 
precedingCongresses. Hastings is in the third classof the towns 
in our State. Indeed, there is only one other besides Hastings in 
this class in respect of population, business importance, railroads, 
manufactures, public institutions, and enterprise. It is a court 
town. Two terms of the United States court are held there reg- 
ularly in each year, and no suitable place has been or can be pro- 
vided without the construction of this building for the holding 
of the same. The Supervising Architect of the Treasury has re- 
ported that this amount is within the required limit; that not less 
than this amount should be appropriated; that no building such 
as seems to be demanded can be erected for less than the amount 
named. 

Mr. PLATT. What is the amount? 

Mr. PADDOCK. It is $250,000. Hastings is a court town, 
where the business of a very large section of our State, the west- 
ern part of the State, will have to be done. 

Mr. SHERMAN. Is a United States court held there? 

Mr. PADDOCK. Yes; the United States covu-t is regidarly 
held there. An act providing for terms of court there was passed 
by Congress two or three years since. Hastings has a poimlar 
tion of 15,000. It is the metropolis of the western half of our 
State south of the Platte River. No more 
building bill has been or will be passed by 

The bill was reported to the Senate without amendment, or^ 
dered to be engrossed for a third reading, read tlie third f 
and passed. 

MARINE HOSPITAL AT DETROIT, MICH. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the bill ( S . 297 ) to increase the accommodations at the marine 
hosintal at Detroit, Mich. 

Mr. COCKRELL. I see that there is already a marine hospital 
building there, and as the Senator who introduced and reported 
the bill is present, I should like to hear some explanation for the 
necessity of this additional expenditure there. 

Mr. McMillan. The building already there was erected 
some twenty-five years ago, and, as every bodj' knows, the tonnage 
on the lakes has increased very much, and the number of men 
employed on the lakes is four or five times as great as it was at 
the time the hospital was built. In the four years from 1886 
to 1890 the tonnage of the Great Lakes increased from 634,652 to 



.he western half of our » 

lOre meritorious public ,^P' 
y this Congress. ^F 

'" ■■ t. orv/^ 



394 



CONGRESSIONAL EECORD— SENATE. 



Jaihjaey 19, 



820,360; and tho ostimated value of the vessels from $30,507,450 
to $58,128,500, nearly doubling in that time. The hospital ac- 
commodations are now very inadequate. The erection of this 
building' is recommended by the Surgeon-General and by tho 
medicaf officers in charge there. It is very much needed, and I 
hope the bill will not be objected to. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

PUBLIC BUILDING AT MANSFIELD, OHIO. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the bill (S. 303) to provide for the erection of a public build- 
ing in the city of Mansfield, Ohio. 

Tho bill was reported to the Senate without amendment and 
ordered to be engrossed for a third reading. 

Mr. COCKRELL. I should like to know something about the 

Eopulatlonof the city of Mansfield, whether there are any courts 
eld there, the amount of business that is done, and .some reason 
why the Government should go to the expense of erecting a pub- 
lic "building there. I think this is a matter of justice. There 
are hundreds of towns and cities in the United States that are 
clamoring for the erection of ]iublic buildings, and when no ex- 
planation is given, they do not know why they are not just as 
much entitled to them as the places named in these bills. It is 
not tho inhabitants of every town and city in the United States 
■who have a familiar knowledge of the statistics, population, etc, 
of every other town and they think that it is a discrimination in 
favor of certain places. I s'hould like to know why it is that a 
public building is needed at this place. 

Mr. SHERMAN. Mr. President, this same bill was passed at 
the last session of the Senate after a very full statement had been 
made in the nature of a report of all the facts and circumstances 
for which the Senator now calls. I am sorry tliat I have not the 
statement here before me, but I will assure the Senator that 
Mansfield is one of the leading manufacturing towns of the State, 
and I can say that from my own personal knowledge, because I 
live there. 

Mr. COCKRELL, About what is the population? 

Mr. SHERMAISr. About l(),000. It is a city with a very large 
number of leading manufacturing establishments: for instance, 
Mr. Harter, a member of the House, is a very extensive manu- 
facturer of thrashing machines, and there are a gi-eat many other 
establishments involving a large amount of capital, going into the 
millions. Tho postal receijits are abnormally large in that town 
for the reason that it has a manufacturing population. Such re- 
ceipts amount to something over $30,000 a year. The precise 
figures I cannot now give, Mansfield is surrounded by a rich, 
productive country and is the junction of several important rail- 
roads. There is a United States revenue officer there, and it is 
one of those places where Congress, by general law, should pro- 
vide for the construction of a public building. 

I am not in favor of extravagance in those buildings. I think 
a building of the character provided by this bill, costing not to 
exceed, including the value of the land, about $100,000, is sufficient 
for the purpose," I think it would be good economy for the Gov- 
ernment of the United States to build such buildings. The rent 
and other expenses paid for a building there suitable for the 
postal service would be fully equal to the interest on $100,000, 
according to the rate of interest the Government would have to 
pay for money. 

i think it is economy in the long run for the Government grad- 
ually, not too rapidly, but from time to time, to provide buildings 
in cities like Mansfield and Zanesvillo. There are but two towns, 
I will say, provided for by bills on the Calendar in the State 
of Ohio, "and the aggregate amount of appropriation is $200,000 
in this bill and one other bill that has been reported, I think 
a discrimination is made against the State of Ohio in favor of 
the Westcm and Southern towns. Many towns with less than 
half the population of Mansfield have now Government buildings 
in the Southern and Western States. It is assumed that those 
cities will grow more rapidly than cities in Ohio, although that 
does not follow. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third r-eading, rea-d the thii-d time, 
and passed. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. Towles, 
its Chief Clerk, announced that the House had passed the fol- 
lowing bills, in which it requested the concurrence of the Senate: 

A bill (H. R. 9) to define and punish blackmailing; 

A bill (H. R. 435) to provide an additional mode of taking depo- 
sitions of witnesses in causes pending in the courts of the United 
states; and 

A bill (H. R. 504) in relation to the western judicial district of 
Wisconsin. 



ENROLLED BILL SIGNED, 

The message also announced that the Speaker pro tempore of 
the House had signed the enrolled bill (H. R. 123) fixing the 
times for holding the district and circuit courts of the United 
States in the northern district of Iowa; and it was thereupon 
signed by the Vice-President, 

PUBLIC BUILDING AT NORFOLK, NEBR. 

The bill (S, 197) providing for the erection of a public build- 
ing in the city of Norfolk, Nebr,, was considered as in Commit- 
tee of the Whole. 

Mr, MANDICRSON, Before the bill is read, I wish to suggest 
that Norfolk is the largest town outside of the city of Omaha in 
all that part of the State of Nebraska which is north of the Platte 
River, a section of country, in round numbers, about 150 miles in 
width by 500 miles in length. Recognizing the great importance 
to parties litigant that a United States court should be established 
in this vast territory. Congress several years ago made Norfolk 
one of the court tovvns of Nebraska. The courts have been held 
there since the passage of that bill with very great convenience 
and saving an unnecessary amount of expense to the Government. 
This town is a very thriving one. Its population now, I think, 
is about 15.000, but it is growing with that I'apidity which char- 
acterizes towns in that section of the West. There is located 
there one of the two large sugar-beet factories that this year 
turned out an enoi'mous product of beet sugar, and under the leg- 
islation of Congress there are the proper officers of the revenue 
established there. This town is of the same character in the 
northern part of Nebraska that the town of Hastings, referred 
to by my colleague, is in the southwestern part of that State, and 
the two'buildings should b3 of the same character, 

I have her.-" a bill that has met the approval of the committee, 
which is in the exact terms of the Hastings bill, that I offer as a 
substitute for the bill under consideration, making the legislation 
conform to that for the town of Hastings. 

I may say further, vrith r.?ferenc3 to these two buildings, which 
are to contain not only post-office facilities, but also the court 
room, with its necessary adjuncts, with jury rooms, etc. that the 
amount mentioned in each case, $250,000, is declared to bo needed 
by the Supervising Architect of the Treasury. I think expe- 
rience has shown that no building containing these needed offices 
for the post-ofllce and for the maintenance of tho courts can be 
built with credit to the Government and with proper economy 
for less money. 

Mr. COCKRELL. How much is appropriated by the substi- 
tute':' 

Mr. MANDERSON. The same amount as was appropriated 
by the Hastings bill, $250,000. 

Mr. COCKRELL. Is that amount recommended by the Su- 
pervising Architect? 

Mr. MANDERSON. The Supervising Architect says that is 
tho amount which he thinks will be needed for this purjjose in 
each of these towns. 

The VICE-PRESIDENT. The amendment proposed by the 
Senator from Nebraska will be stated. 

The Secretary. It is proposed to strike out ail after the en- 
acting clause and insert the following: 

That the Secretary ol the Treasxiry be, and he Is hereby, authorized and di- 
rected to acquire, liy purchase, condemnation or otherwise, a site and cause 
to bo erected thereon a suitable buliaing. including fireproof vaults, heating 
and ventilating apparatus, elevators, and approaches, lor the use and accom- 
modation of the United Slates courts, post-offlce. and other Government of- 
Uces, in the city of Norfollc and State ot Nebr;iska, the cost of said site and 
buiUlina. including said v.aults, heating and ventilating apparatus, elevators, 
and approaches, complete, not to exceed the sum of $S50,0U0, which said sum 
ot $2:10,000 is hereby appropriated for said purpose out of any moneys in the 
United States Trea'stiry not otherwise approiH-iated. 

Proposals for the s.ale ot land suitable for said site shall be invited by pub- 
lic advertisement in oneor more of the newspapers of said city of largest cir- 
culation for at least twenty days prior to the date specified In said advertise- 
ment for the opening of said proposals. 

Proposals made in response to said advertisement shall be addressed and 
mailed to the Secretary of the Treasury, who shall then cause the said pro- 
posed sites, and such others as he may think proper to designate, to be exam- 
ined in person by an agent of the Treasiu-y Department, who shall make 
written report to said Secretary of the results of s.aid examiuation, and of 
his recommendation thereon and the reasons therefor, which shall be accom- 
panied by th") original proposals and all mans, plats, and statements which 
shall have come into his possession relating to the said i^roposed sites. 

If upon consideration of said report and accompanying papers, the Secre- 
tary ot the Treasury shall deem further investigation necessary, ho may 
appoint a commission of not more than three persons, one ot whom shall be 
au officer of the Treasury Department, which commission shall .also examine 
the said proposed sites, and such others as the Secretary of the Treasury may 
designate, and gr.ant such hearings in relation thereto as they shall deem 
necessary; and said commission shall, wUhin thirty days after such exam- 
ination, make to the Secretary of the Treasury written report of their con- 
clusion in the premises, accompanied by all statements, msps. plats, or doc- 
uments taken bv or submitted to them, in like manner .as hereinbefore pro- 
vided in regard to the proceedings of said agent of the Treasury Department; 
and the Secretary of the Treasury shall thereupon finally determine the loca- 
tion of the building to be erected. 

The comi>ensation of said commissioners sh.all bo fixed by the Secretary of 
the Treasury, but the same shall not exceed $6 per day and actual traveling 
expenses; Provided, howtver, That the member of s.aid commission appojjitea 



1892. 



CONGRESSIONAL RECORD— SENATE. 



443 



3hm-ch of Rah way, N. .T., and a petition o£ citizens of Flemingon, 
N. J. , praying- that the World's Columbian Exposition be closed on 
Sunday; whfch veero referred to the Committee on the Quadro- 
3entennial (Select). 

Mr. FELTON. I present a petition of the Humboldt Chamber 
jt Commerce, of Eureka, Cal., praying that the full amount of 
6700,000 recommended by the Board of Engineers in chai-ge of 
the improvement of Humboldt Bay ba appropriated at an eai-Iy 
iato as possible. , , x , , j 

It is an able presentation of the situation of that harbor, and 
:Tives convincing facts as to the necessity of such improvements 
md the urgency for immediate action on part of Congress, as, 
awing to climatic conditions, the spring and summer is the 
proper time for construction. Also, to prevent the shoaling of 
the river harbor the entire construction should be carried on at 
the same time; that such a course would require a larger appro- 
priation at this time bufcombines the elements of safety and 
acouomy in the end. 

I move that the petition be referred to the Committee on Com- 
merce. 

The motion was agreed to. 

Mr. FELTON. I present a petition of the Chamber of Com- 
merce of Los Angeles, Cal., praying for a new project for Gov- 
Brnment work at San Pedro, Cal., officially known as Wilming- 
ton Harbor, California. 

In connection with this petition there are some very interest- 
ing facts which go to show that further appropriation should be 
expended upon that harbor. In the course of the two last dec- 
ades $900,000 have been spent for the improvement of the harbor 
and the receipts in the last nine yeai-s from customs have been 
over $700,000. When the improvement was commenced thei'o 
was but 18 inches of water on the bar at low tide, and now there 
is 14 feet of water in the inner harbor; according to the report of 
the engineers it can be further deepened to from 26 to 28 feet 
low tide. San Pedro is the only entry port to that great and fer- 
tile part of the southern portion of the State of California; the 
harbor is not only necessary for commerce, but as a harbor of ref- 
uge — it being the only safe harbor on the coast for 400 mUes north 
and 200 south. 

I move that the petition be referred to the Committee on Com- 
merce. 

The motion was agreed to. 

Mr. CULLOM. I present a petition numerously signed by 
members of Minier Grange, No. 214, Patrons of Husbandry, of 
Little Mackinaw Township, Tazewell County, 111., praying that 
post-office facilities be extended to farmers as well as other people. 
I move that the petition be referred to the Committee on Post- 
Offices and Post-Roads. 

The motion was agreed to. 

Mr. HOAR. I present the memorial of a considerable number 
of bankers and national-banking institutions of the city of New 
Orleans, La., remonstrating against the jjassage of Senate bill 
685, relating to the purchase and sale of cotton, etc. I move that 
the memorial be referred to the Committee on the Judiciary. 

The motion was agreed to. 

Mr. WOLCOTT presented a petition of the Denver (Colo.) 
Real Estate and Stock Exchange, praying for the passage of the 
bill providing for coinage at the Denver mint; which was re- 
ferred to the Committee on Finance. 

REPORTS OF COMJIITTEES. 

Mr. MANDERSON, from the Committee on Military Affairs, 
to whom were referred the following bUls, reported them sever- 
ally without amendment, and submitted reports thereon: 

A It ill (S. 298) for the relief of Eunice Tripler, widow of Charles 
S. Tripler; 

A bill (S. 780) for the relief of Robert H. Montgomery: and 

A bill (S. .547) for the relief of Lieut. Col. Charles G. Sawtelle, 
Deputy Quartermaster-General. United States Army. 

Mr. CAMERON, from the Committei) on Naval Affairs, to 
whom was referred the bill (S. 247) for the relief of Henry E. 
Rhoades,reportedit without amendment, and submitted a report 
thereon; 

He also, from the same committee, to whom was referred the 
bill (S. 1079) for the relief of Assistant Engineer Howard D. 
Potts, United States Navy, reported it without amendment, and 
submitted a report thereon; 

Mr. DAVIS, from the Committee on Military Affairs, to whom 
were referred the following- bills, reported them severally with- 
out amendment, and submitted reports thereon: 

A bill (S. 614) authorizing the restoration of the name of 
Thomas H. Carpenter, late captain Seventeenth United States 
Infantry, to the rolls of the Army, and providing that ho be 
-olacod on the list of retired officers. 

A bill (S. 337 ) to remove the charge of desertion standing against 
the name of Joseph G. Utter; and 



A bill (S. 333) for the relief of Henry Unterleiter, alias Cook or 
Koch. 

Mr. CULLOM. I am directed by the Committee on Interstate 
Commerce, to whom was referred the biU (S. 1516) granting the 
right to erect and maintain dams across the Kansas River withia 
Shawnee County in the State of Kansas, to ask to bo discharged 
from its further consideration and that it bo referred to the Com- 
mittee on Commerce. I call the attention of the Senator from 
Kansas [Mr. Peffer], as the bill was introduced by him, to the 
fact that the Committee on Interstate Commerce authorized me 
to report the bill back and liave it referred to the Committee on 
Commerce instead of Interstate Commerce. 

The report was agreed to. 

Mr. MITCHELL, from the Committee on Claims, to whom waj) 
referred the bill (S. 4G) for the relief of William B. Stokes, M. 
M. Brien, sr., Thomas Waters, and William T. Haskins, reported 
it without amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 1518) for the relief of Lewis F. J. lae^or, a-sked to be dis- 
charged from its further consideration, and that it bo referred to 
the Select Committee on Indian Depredations; which was agreed 
to. 

REPORT ON' MARITIJIE C.\NAL OF NICARAGUA. 

Mr. MANDERSON. I am instructed by the Committee on 
Printing to report back adversely the Senate resolution to print 
a report of the Committee on Foreign Relations on the Nicaragua 
Canal, and I ask that it be indefinitely postponed. 

The report was agreed to. 

Mr. MANDERSON. I am directed by the Committee on Print- 
ing to report a concurrent resolution to reach the same purpose 
designed by the Senate resolution just indefinitely postponed. I 
ask for the present consideration of the concurrent resolution. 

The concurrent resolution was considered by unanimous con- 
sent, and agreed to, as follows: 

Resolved bylhe Senate {the House of Bepreientatices concurring therein). That 
there be printert 15.000 aadition.il copies of the report and appendices, No. 
1944. ot the Sen-dte Committee on Foreign Relations, to accompany Senate 
bill 48S7 to amend the act entitled "An act to incorporate the Maritime Canal 
Company of Nicaragua," approved February 20, 1889, made to the Fitty-ttrst 
ConjjTess, ot which 5,000 copies shall be for use of the Senate and 10,000 copies 
for use of the House of Representatives. 

BILLS INTRODUCED. 

Jilr. DAVIS introduced a bill (S. 1734) to amend section 2237 
of Title XXXIIofchapter2of the Revised Statutes of the United 
States, in relation to salaries of registers and receivers of United 
States land offices; which was read t-wice by its title, and, with 
accompanying papers, referred' to the Committee on Public 
Lands. 

Mr. STOCKB RIDGE introduced a bill (S. 1735) for the relief 
of Francis TSi. Potter; which was read twice by its title, and re- 
ferred to the Committee on Military Affairs. 

Mr. WARREN introdnced a bill (S. 1736) to amend section 2237 
of chapter 2 of the Revised Statutes of the United States, relat- 
ing to registers and receivers of land offices; which was read 
twice by its title, and referred to the Committee on Public Lands. 

He also introduced a bill (S. 17371 for the relief of William A. 
Richards, United States surveyor-general of Wyoming; which 
was read twice by its title, and referred to the Committee on 
Public Lands. 

Mr. BfjODGETT introduced a bill (S. 1738) granting a pension 
to Louisa V. Bomford, widov,- of James V. Bomford, late colonel 
United States Army; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

He also introduced a bill (S. 1739) for the relief of the legal 
administrator: of William Boardman, deceased; which was read 
^■i-/|jj(*lll*]l!ri and referred to the Committee on Claims. 
"" Jlr. FAULKNER introduced a bill (S. 1740) to define the route 
of the Baltimore and Ohio Railroad in the District of Columbia, 
and for other purposes; which was read twice by its title, and 
referred to the Committee on the District of Columbia. 

Ho also introduced a bill (S. 1741) to vest the title of public 
square 1102, in the citv of Washington, D. C, in the trustees of 
the Fourth Street Methodist Episcopal Church, and for other 
purposes; which was read twice by its title, and referred to the 
Committee on the District of Columbia. 

He also introduced a bill (S. 1742) to amend the act giving the 
approval and sanction of Congress to the route and termini of 
the Anaeostia and Potomac River Railroad in the District of 
Columbia; which was read twico by its title, and referred to the 
Committee on the District of Columbia. 

Mr. GEORGE introduced a bill (S. 1743) for the relief of the 
legal representatives of William D. Wilson, deceased; which 
was read twice by its title, and referred to the Committee on 
Claims. ,....,, ^ 

He also inti-oduced a bill (S. 17-44) for the relief of Audley C. 
Britton; which was read twice by its title, and referred to the 
Committee on Claims. 



444 



CONGRESSIONAL RECORD— SENATE. 



Ja^uaby 20, 



Ml-. PLATT. I have been requested by the Delegate fi-om 
New Mexico to introduce a bill to enable the people of New 
Mexico to form a constitution and State government, and to bo 
admitted into the Union on an equal footing with the original 
States. I wish to say that in introducing the bill, I do so at the 
request of the Delegate, and without in anyway committing my- 
self to the provisions of the bill. 

The bill (S. 1745) to enable the people of New Mexico to form 
a constitution and State government, and to be admitted into 
the Union on an equal footing with the original States, was read 
twice by its title, and referred to the Committee on Territories. 

Mr. MITCHELL introduced a bill (S. 17-l(i) granting a pension 
to Benjamin Franklin Dowell, of Oregon, for services with the 
Oregon Volunteers in the years 1853, 1854, 1855, and 1856; which 
was read twice by its title, and referred to the Committee on 
Pensions. 

Mr. CULLOM introduced a bill (S. 1747) granting a pension 
to Charles W. Hammond; which was read twice by its title, and 
referred to the Committee on Pensions. 

Mr. McMillan introduced a bill (S. 1748)granting a pension 
to *Trs. Janet L. P. Taylor; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Pensions. 

Mr. HAWLEY introduced a bill (S. 1749) to make an appropri- 
ation for the procurement of sites for defenses of the eastern en- 
trance to Long Island Sound; which was read twice by its title, 
and referred to the Committee on Coast Defenses. 

Mr. PERKIN.S introduced a bill (S. 1750) to authorize the con- 
struction of a bridge across the Missouri River at some accessi- 
ble point within 2 miles north and 2 miles south of the city of 
Leavenworth, in the county of Leavenworth, in the State of Kan- 
sas; which was read twice by its title, and referred to the Com- 
mittee on Commerce. 

Mr. TELLER introduced a bill (S. 1751) for the relief of Au- 
gusta De Alna; which was read twice hy its title, and referred 
to the Committee on Claims. 

Mr. COCKRELL (by request) introduced a bill (S. 1752) for the 
relief of W. A. Walker, of Albuquerque, N. Mex.; which was 
read twice by its title, and referred to the Committee on Post- 
Offices and Post-Roads. 

Ho also (by request) introduced a bill (S. 1753) to remove 
charges of desertion in certain cases; which was I'cad twice by 
its title, and referred to the Committee on Military Aflfairs. 

Mr. CAMERON introduced a bill (S. 1754) for the relief of 
Herbert Cushman; which was i-ead twice by its title, and referred 
to the Committee on Military Affairs. 

Mr. PR YE introduced a bill (S. 1755) to amend certain sections 
of Title LII of the Revised Statutes of the United States, and to 
carry into effect certain recommendations of the United States 
delegates to the International Marine Conference; which was 
read twice by its title, and, with the accompanying papers, re- 
erred to the Committee on Commerce. 

Mr. FRYE. This is an exceedingly important bill, covering 
the recommendations made at that maritime congress, as many 
by the congress itself as were applicable to our country, and also 
those made by the United States delegates to the congress, and 
many of the bills were considered by the Committee on Com- 
merce. The matters were, however, so very important and so 
complicated that the committee preferred that there should bo 
another board which should pass upon the recommendations, 
and a request was made by the Senate to the Secretary of the 
Treasury that he would appoint a board to take into considera- 
tion during' vacation all those recommendations. He ajipointed 
a board of v-ery accomplished officers indeed. They have spent 
a great deal of time, months of labor, and exceedingly careful 
labor, too, I Judge from the results, and this bill is the fruit of 
their labors. They have also sent in a statement of reasons for 
certain recommendations. The bill was sent to various boards 
oftrade and mercantile and maritime associations, and their 
criticisms have been received in reply. All this matter is nec- 
essary for the consideration of this bill by the Committee on 
Commerce. Therefore I ask that the reasons of the board and 
the various reasons given in the papers I hold in my hand may 
be printed as a document for the use of the Senate. 

The VICE-PRESIDENT. They willboprintedas adocument, 
if there be no obJ.;ction. 

Mr. COCKRELL. I think that a day or two ago a report was 
made from the Secretary of the Treasury— and I desire to call the 
attention of the Senator to it — in response to a resolution of the 
Senator from ^lassachusetts in regard to this same matter. 

Mr. FRYE. No; that covered a question of no very great im- 
portance, the use of life-saving projectiles, etc., for steamers. 

Mr. COCKRELL. It did not relate to the subject-matter to 
which the Senator here refers? 

Mr. FRYE. No; this covers the whole maritime interests of 
the country, changes to be made in lights, rules of the sea, etc. 
It is very important indeed. 



Mr. COCKRELL. Would it not be better to have the bill 
printed separately? 

Mr. FRYE. Yes. 

Mr. COCKRELL. And the documents separately? 

Mr. FRYE. I prefer to have them printed separately, the doc- 
uments all in one book, both separately. 

Mr. COCKRELL. Let the documents be printed in one vol- 
ume. 

The VICE-PRESIDENT. That order will be made, in the 
absence of objection. 

Mr. GEORGE introduced a bill (S. 1756) to carry out certain 
findings of the Quartermaster-G«neral and the Court of Claims; 
which was read twice by its title, and referred to the Committee 
on Claims. 

Mr. WASHBURN introduced a bill (S. 1757) defining options 
and futures and imposing special taxes on dealers therein, and 
for other purposes; which was read twice by its title, and referred 
to the Committee on the Judiciary. 

PAPERS WITHDRAWN AND REFERRED. 

On motion of Mr. COLQUITT, it was 

Ordered, That the papers of Clara Morris be taken Irom the flies of the .Sen- 
ate and refeiTed to the Committee on Claims. 

PRINTING OF BANKRUPTCY BILL. 

Mr. PERKINS submitted the following resolution; which was 
read: 

Jlesoh'fd, That the Public Printer is hereby instructed to print 5,000 copies 
of Senate bill 1694, and send them to the Senate document room. 

Mr. PERKINS. If there is no objection I ask for the consid- 
eration of the I'esolution now. If there is, of course I consent 
that the resolution may go to the Committee on Printing. I will 
state that it is a resolution providing for printing extra copies 
of wliat is known as the Torrey bankruptcy bill, and while the 
type is in form I thought it was best that the resolution shouli 
be considered. 

Mr. MANDERSON. What is the number that it is proposes 
to print? 

Mr. PERKINS. Five thousand copies. 

Mr. MANDERSON. I presume that would be under the limit 
of $500, but I think the law is imperative that such resolutions 
shall bo referred. We will take speedy action on it. 

Mr. PERKINS. Very well. 

The VICE-PRESIDE'NT. The resolution will be referred to 
the Committee on Printing-. 

STENOGRAPHER FOR INTERSTATE COMMERCE COMMITTEE. 

Mr. CULLOM submitted the following resolution; which was 
referred to the Committee to Audit and Control the Contingent 
Expenses of the Senate: 

Resolved, That the Committee on Interstate Commerce be. and it is hereby, 
authorized to employ a stenographer to report hearings before said commit- 
tee, the expenses thereof to be traid out of the contingent Jtmd of the .Senate. 

INDIAN AGENCIES. 

Mr. DAWES submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

Resolved, That the Secretary of the Interior be directed to communicate to 
the Senate any information in the Department upon the question of dispens- 
ing with any of t he Indian a irencies estimated for m the estimates for the next 
tiscal year, and the < •>n^■Ul^i■lnsof the Department upon the feasibility of dis- 
pensing with any and how many of such agencies. 

PUBLIC BUILDING AT GRAND HAVEN, MICH. 

The VICE-PRESIDENT. Is there further morning business? 
If not, that order is closed, and the Calendar will be taken up. 
The first bill on the Calendar will be proceeded with. 

The bill (S. 377) to provide for the purchase of a site, and the 
erection of a public building thereon, at Grand Haven, in the 
State of Michigan, was announced as first in order, and the Sen- 
ate, as in Committee of the Whole, proceeded to its considei'ation. 

Ml'. COCKRELL. I should like to have some explanation as 
to the population of this place and the necessity for a public 
building' there, and as to whether there is any United States 
court held there, or any United States offices other than the 
post-office. 

Mr. STOCKBRIDGE. I will state that at Grand Haven, Mich. , 
there is a custom-house. The chief office of the life-saving sta- 
tions for the eleventh district, covering that whole lake coast, is 
there. The weather signal office is there. The office of the 
United States engineers in charge of all harbors on the east side 
of the lake is there. The office of the local engineer in charge 
of Grand Haven Harbor, and the office of the superintendent of 
all the light-houses on the east shore of Lake Michigan are there. 
The office of inspectors of hulls of all steam vessels of that district 
is there. The office of inspector of boilers is there. The office 
of surgeon of the Marino Hospital Service for that district is there. 

I will state that the Government now pays expensive rent for 
all the offices named, which are mostly of a limited capacity, and 
the fire risk is very great for all the records in thope oflicfis. 
The bill passed the Senate in the last Congress. 



1892. 



CONGRESSIONAL EECORD— SENATE. 



465 



West Hampton to the west end of Shinnock Bay at Quogue — to 
the Committee on Rivers and Harbors. 

Also, petition of John E. Carter and others, for the improve- 
ment of the Life-Saving Service; of Charles H. Herman and 
others; andofJesseB. Edwards andothers, for the same purpose — 
to the Committee on Interstate and Foreign Commerce. 

By Mr. CROSBY: Petitioa of citizens of Kew Britain, county 
of Hartford, Conn., for the free delivery of mails in country dis- 
tricts — to the Committee on the Post-OfSce and Post-Roads. 

By Mr. CURTIS: Petition of 35 citizens of New York, against 
opening the World's Fair to visitors on Sunday — to the Select 
Committee on the Columbian Exposition. 

By Mr. DAVIS: Fourpetitionsof citizens of Kansas City, Kans., 
on the subject of the Pacific Railroads — to the Committee on the 
Pacific Railroads. 

Also, four petitions of citizens of Kansas, in favor of closing 
the World's Fair on Sunday — to the Select Committee on the 
Columbian Exposition. 

By Mr. DE FOREST (by request): Petition of Mary Dondican 
and others, citizens of Greenwich, Conn., against opening the 
World's Fair on Sunday — to the Select Committee on the Colum- 
bian Exposition. 

By Mr. DOLLIVER: Petition of Olof Johnson and others, and 
of A. G. Carlson and other citizens of Hamilton and Boone Coun- 
ties, Iowa, in favor of the Conger lard bill — to the Committee 
on Agriculture. 

Also, petition of Henry O'Conner, for an invalid pension of $25 
jjer month — to the Committee on Invalid Pensions. 

By Mr. GROUT: Petition and affidavit of James Carlin, of 
AnnaLevine, and of Sophronia Bailey, for a pension — to the Com- 
mittee on Invalid Pensions. 

By Mr. HAUGEN: Protest of Ira P. Flagler and 18 other cit- 
izens of Eau Claire, Wis., against the opening of the Interna- 
tional Exposition of 1893, or any part thereof, on the Sabbath — 
to the Select Committee on the Columbian Exposition. 

By Mr. HAYES: Petition of citizens of Muscatine County, 
Iowa, in favor of the option bill — to the Committee on Agricul- 
ture. 

By Mr. HAYNES: Petition of 109 ladies of the Women's Chris- 
tian Temperance Union of West Chester, Ohio, asking that the 
Columbian Exposition be closed on Sunday — to the Select Com- 
mittee on tiie Columbian Exposition. 

By Mr. HITT: Petition of Henry O'Connor, for invalid pen- 
sion of $25 a month — to the Committee on Invalid Pensions. 

Also, memorial and resolutions of the Chamber of Commerce 
of the State of New York, asking Congress to so aid the World's 
Fair financially as to insure a success — to the Select Committee 
on the Columbian Exposition. 

By ]Mr. LIND; Petition of 146 citizens of Minnesota, asking- 
that no exposition or exhibition for which appropriations are 
made by Congress shall be opened on Sunday — to tlie Select Com- 
mittee on the Columbian Exposition. 

Also, petition of E. J. Lien and 38 other citizens of Faribault, 
;\Iinn., praying for the passage of the so-called Butterworth bill — 
to the Committee on Agriculture. 

Also, petition of E. J. Lien and 27 other citizens, of the same 
city, asking for the passage of the Conger lard bill — to the Com- 
mittee on Agriculture. 

By Mr. MONTGOMERY: Petition of estate of Sinclair Gar- 
vin, deceased, late of Hart County, Ky., for reference of hiscasa 
to the Court of Claims under the provisions of the Bowman act — 
to the Committee on War Claims. 

By Mr. PAGE of Maryland: Petition of vessel owners and mas- 
ters of Baltimore, Md., favoring the transfer of the Revenue-Cut- 
ter Service to the naval establishment; and of the present and 
ex-collector of customs, present and ex-surveyor of customs, 
naval officers, and agents of steamship companies at Baltimore, 
Md., for the same purpose — to the Committee on Naval Afl'airs. 

By Mr. PAGE of Rhode Island: Petition of Robert Rodman 
and 85 others, for an appropriation to remove obstruction in Wick- 
ford Harbor, Washington County, R. I. — to the Committee on Ap- 
propriations. 

By Mr. PERKINS: Petition, accompanying House bill 4.310, 
for increase of pension of Henry O'Connor— to the Committee on 
Invalid Pensions. 

By Mr. PICKLER: Petition of 300 citizens of South Dakota, 
including the cities of Pien-e, Flandreau, and Canton, and coun- 
ties of Miner, Moody, and Edmunds, asking that the World's 
Fair be closed on Sunday— to the Select Committee on the Colum- 
bian Exposition. 

By Mr. POST. Petition of George W. Prince and 18 other 
citizens of Galesburg, 111., asking that a pension of $30 per month 
be granted to Benjamin Churchill, late a soldier of the war of 
1812, and now over 100 years old — to the Committee on Pensions. 

Also, petition of Dr. C. W. LefBngwell and others, for the 

XXIII ^0 



adoption of the metric system in the customs service — to the 
Committee on Coinage, Weights, and Measures. 

Also, resolutions of the National Farmers' Convention assem- 
bled at Sedalia, Mo., in favor of the improvement of the Savan- 
nah River— to the Committee on Rivers and Harbors. 

Also, resolutions of the Board of Trade of Chicago, 111., favoring 
the consolidation of the Revenue Cutter Service and the Navy — 
to the Committee on Interstate and Foreign Commerce. 

By Mr. REED: Petition of George W. True, mayor of Portland, 
Me. , and many others, in favor of reconsideration of vote wiiereby 
the House of Representatives refused to charter ships for the re- 
lief of thestarving in Russia— tot hoCommittee on Foreign A flairs. 

By Mr. RICHARDSON: Petition of Giles Hudspeth, praying 
that his claim for propei-ty taken by the Army during the late 
war be referred to the Court of Claims- to the Committee on 
War Claims. 

By Mr. RUSK: Petition of the Board of Trade of the city of 
Baltimore, Md., in reference to the projiosed transfer of Revenue 
Marine Service — to the Committee on Naval AtTairs. 

By Mr. WILLIAM A . STONE: Petition of Ictter-carriersof the 
Allegheny post-office, for increase of salary — to the Committee on 
the Post-Office and Post-Roads. 

By Mr. TOWNSEND: Resolutions of the Denver Real Estate 
and Stock Exchange, in favor of the establishment of a coinage 
mint in the city of Denver, Colo. — to the Committee on Coinage, 
Weights, and Pleasures. 

By Mr. WHEELER of Alabama: Petition of Malinda MeCIen- 
don, of Scottsboro, Jackson County, Ala., praying that her claim 
be referred to the Court of Claims under the act of March .'!, 
1883; of A. L. Esslinger, for the same purpose; two petitions for 
the relief of Bathsheba Gordon; two petitions for the relief of 
Jane B. Morgan; petition for the relief of William V. Morgan; 
of Milton Williams, of Madison County, Ala.; of Peter M. West, 
of Lawrence County, Ala.; two jjetitions for the relief of Joseph 
T. Sides; two petitions for the relief of William R. Losey: two 
petitions for the relief of Margaret J. Rudledge; two petitions 
for the relief of Alonzo H. Richards; petition for the relief of 
Nancy Rutledge; of Richard Crompton; of .lohnN. Nelson: of C. 
H. and E. A. Allen; of Martha Ann Fike; of .John A. Bates; of 
Emily C.Dickson; of Molisa O.Wakefield: of Thomas W. Wilson; 
of Emily Drake, and of Jane Bennett — to the Committee on War 
Claims. 

Also, petition for the relief of Elijah T. Myers, late a private 
of Company G, Second Regiment of Missouri Voluntcei's; two 
petitions for relief William A. Good, deceased, late a private of 
Company H, First Regiment Alabama and Tennessee Cavali'y 
Vidette Volunteers — to the Committee on ^Military Affairs. 



SENATE. 

Thursday, January 21, 1893. 

Prayer by the Chaplain, Rev. J. G. Butler. D. D. 

The Journal of yesterday 'sproceedings was road and approved. 

PETITIONS AND MEMORIALS. 

Mr. PADDOCKpresented a petition of the Angora Goat Breed- 
ers' Association of Califoi'nia, praying for the passage of legisla- 
tion for the advancement of the mohair industry; which was re- 
ferred to the Committee on Public Lands. 

Mr. CAMERON i)resented a petition of sundry letter-carriers 
of Allegheny, Pa., praying for an increasj of salary for letter- 
carriers in their fourth year of service; which was referred to 
the Committee on Post-Offioes and Post-Roads. 

Mr. CHANDLER. I present the petition of W. Morgan, 
David M. Davis, John R. White, A. R. Dick, Cornelius Collins, 
and 1,247 other employes of the Bureau of Engraving and Print- 
ing, praying to bo allowed fifteen days' additional annual leave, 
their privilege thus to be made equal to that of other Government 
employes. I move that the petition bo printed as a document, 
and referred to the Committee on Education and Labor. 

The motion was agreed to. 

Mr. GRAY presented a petition of shipowners and others in- 
terested in commerce on the Great Lakes, and a petition of the 
Board of Trade of Portland, Me., praying for the passage of tlie 
bill to transfer the Revenue Marine to the naval establishment; 
which were referred to the Committee on Naval Affairs. 

REPORTS OF COMjnTTEES. 

Mr. CAMERON, from the Committee on :Military Affairs, to 
whom was referred the bill (S. 246) for the relief of Thomas A. 
McLaughlin, reported it without amendment, and submitted a 
i-eport thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 250) to remove the charge of desertion from the military 



4()6 



CONGRESSIONAL EECORD— SENATE. 



Januaey 21, 



record of George S. Ackerson, reported adversely thereon, and 
the bill was postponed indefinitely. 

Mr. COCKRELL. from the Committee on Military Affairs, to 
whoni were referred the following bills, reported them severally 
without amondmont, and submitted reports thereon: 

A bill (S. 119G) to facilitate the settlement of claims for arrears 
of pay and bounty; ^ , , 

A bill (S. 1094) granting the right of way to the Duluth and 
ManitobaKaih'oadCompany across the Fort Pembina reservation 
in^North Dakota; and 

A bill (S. Ill) for the relief of Orin R. McDaniel. 

Mr. COCKRELL, from the Committee on Military Affairs, to 
whom was referred the bill {S. 318) for the relief of Joseph Johnson , 
reported it with amendments, and submitted a report thereon. 

Mr. COCKRELL. The Committee on Military Affairs, to 
whom have been referred the ten or twelve bills I. now report, 
have instructed mo to report each one of them back adversely and 
recommend that they be indefinitely postponed, the reports 
agreed to, and the relief claimed in each case denied . I ask that 
that order be made. 

The reports were agreed to, and the bills postponed indefi- 
nitely, as follows: 

A bill (S. 240) to remove the charge of desertion from the mil- 
itary record of John Lyons; 

a" bill (S. 39) granting an lionorable discharge to Thomas Fitz- 
gibbon; 

A bill (S. 4.59) granting an honorable discharge to Michael 
Pfoertner; 

A bill (S. 599) authorizing the Secretary of War to remove the 
charge of desertion from the record of Madison Parish; 

A bill (S. 518) for the relief of John Sullivan; 

A bill(S.732)forthereliefof Henry Judge, of Ashland, Oregon; 

A bill (S. 241) to remove the charge of desertion from the mil- 
itary record of Thomas Morrison; 

a" bill (S. 809) to remove the charge of desertion against Henry 
Crangle; 

• A bill (S. 916) removing the charge of desertionfrom the mili- 
tary record of Adam James Springer; 

A bill (S. 1000) to remove the charge of desertion from the 
military record of William Pullman; and 

A bill (S. 1329) granting an honorable discharge to Bennett 
Dorsey. 

Mr. CHANDLER, from the Committee ou Naval Affairs, to 
whom was referred the bill(S. 884) to provide for the settlement 
of claims of officers and crews of the Navy to certain moieties, 
and conferring jurisdiction on the Court of Claims to hear and 
determine the same, asked to be discharged from its further con- 
sideration and that it be referred to the Committee on Claims; 
which was agreed to. 

He also, from the Committee on Naval Affairs, to whom was 
referred the bill (S. 457) lor the relief of the assignees or legal 
representatives of John Roach, deceased, to pay balance due on 
the United States steamer Dolphin, asked to be discharged from 
its further consideration and that it ba referred to the Commit- 
tee on Claims; which was agreed to. 

Mr. WASHBURN, from the Committee on Commerce, to whom 
was referred the bill (S. 1241) to amend an act entitled "An act 
relative to the Minneapolis Industrial Exposition, to be held an- 
nually in the city of Minneapolis, State of Minnesota," approved 
March 3, 1887, reported it without amendment. 

Mr. STEWART, from the Committee on Claims, to whom was 
referred the bill (S. 17) for the relief of John P. W. Dotte, re- 
ported it with an amendment, and submitted a report thereon. 

Mr. CAREY, from the Committee on Education and Labor, to 
whom was referred the joint resolution (S. R. IG) authorizing the 
distribution of public documents to land-grant colleges, reported 
it without amendment, and submitted a report thereon. 

Mr. PALMER, from the Committee on Militar y-^ 
whom was referred the bill (S. 1312) for the relief of BfWWln B. 
Read, reported it without amendment. 

Mr. MITCHELL, from the Committee on Claims, to whom were 
referred the following bills, reported them severally without 
amendment, and submitted reports thereon: 

A bill (S. 726) for the relief of P. B. Sinott, late Indian agent 
at Grande Ronde Agency, State of Oregon; 

A bill (S. 352) for the relief of George F. Roberts, administrator 
of the estate of William B. Thayer, deceased, surviving partner 
of Thayer Brothers, and others; and 

A bill (S. 730) for the relief of H. W. Shipley. 

Mr. MITCHELL. I desire to state that all the several bills 
which I have reported this morning wore cases reported favorably 
upon and passed by the Senate at the last Congress. In fact, 
they have passed the Senate three times each, I think, heretofore. 

The VICE-PRESIDENT. The bills will be placed upon the 
Calendar. 

Mr. DOLPH, from the Committee on Commerce, to whom was 



referred the bill (S. 1189) for the establishment of a beacon light 
and fog signal on the Government breakwater recently con- 
structed at Bridgeport, Conn., reported it with amendments, and 
submitted a report thereon. 

He also, from the same committee, to whom were referred the 
following bills, reported them severally without amendment, and 
submitted reports thereon: 

A bill (S. 1632) lor the establishment of a light and fog signal 
station near Butler Flats, New Bedford, Mass.; 

A bill.(S. 722) to amend an act entitled "An act to reorganize 
and establish the customs collection district of Puget Sound," 
ap])roved August 28, 1890; 

A bill (S. 1498) for the establishment of additional aids to nav- 
igation in Tampa Bay, Fla.: and 

A bill (S. 1631) to establish a life-saving station at Gay Head, 
on the coast of Massachusetts. 

Mr. PRYE, from the Committee on Commerce, to whom was 
referred the bill (S. 755) to fix the compensation of inspectors of 
hulls and boilers in certain districts of the United States, re- 
ported adversely thereon; and the bill was postponed indefinitely. 
Mr. FRYE. Senate bill 755 was reported adversely because 
the Committee on Commerce have instructed me to make pro- 
vision for it in Senate bill 744, which is reported favorably with 
an amendment, rendering entirely unnecessary the former bill, 
which was indefinitely postponed. I therefore report back the 
bill {S. 744) to amend "An act to amend section 4400 of Title LII 
of the Revised Statutes of the United States, concerning the 
regulation of steam vessels," approved August 7, 1882, with an 
amendment and a written report thereon. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar. 

Mr. FRYE. from the Committee on Commerce, to whom was 
referred the bill (S. 750) to amend and reenact section 5 of an act 
entitled "An act to promote the efficiency of the Life-Saving 
Service and to encourage the saving of life from shipwreck," 
approved May 4, 1882, reported adversely thereon; and the bill 
was postponed indefinitely. 

He also, from the same committee, to whom the subject was re- 
ferred, submitted a report thereon, accompanied by a bill (S. 1775) 
to fix the compensation of keepers and crews of life-saving sta- 
tions; which was read twice by its title. 

Mr. FRYE. The original bill just reported is to ta^e the place 
of Senate bill 750, indefinitely postponed. 

The VICE-PRESIDENT. The bill will be placed so on the 
Calendar. 

Mr. FRYE, from the Committee on Commerce, to whom was 
referred the bill [S. 743) to establish a marine board for the ad- 
vancement of the interests of the merchant marine, reported it 
with an amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 1280) to amend an act entitled "An act to amend section 
4178. Revised Statutes, in relation to the marking of vessels' names 
at how and stern, and also to provide for marking the draft," ap- 
proved February 21, 1891, reported it without amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 1222) to protect the wages of seamen, reported it with 
amendments, and submitted a report thereon. 

Mr. PROCTOR, from the Committee on Military Affairs, to 
whom was referred the bill (S. 356) for the relief of John W. 
Blake, reported it without amendment, and submitted a report 
thereon. . 

Mr. DANIEL, from the Committee on Public Buildings and 
Grounds, to whom was referred the bill (S. 002) for the erection 
of a public building for the use of the custom-house and post-office 
at Newport News, in the district of Newport News, Va., reported 
it with amendments, and submitted a report thereon. 
Mr. MCMILLAN, from the Committee on the District of Co- 
mbia, to whom was referred the bill (S. 1351) to provide for the 
,„irehase of a site and erection of buildings for the Girls' Reform 
School of the District of Columbia, reported it with an amend- 
ment, and submitted a report thereon. 

PRINTING OF BANIiEUPTCY BILL. 

Mr. MANDERSON. I am directed by the Committee on 
Printing to report back favorably, with an amendment, the Sen- 
ate resolution proposing to print 5,000 copies of Senate bill 1694, 
which is kno-svn as the bankruptcy bill. I find on investigation 
that 5,000 copies, whether printed in bill form or document form, 
come within the limit of the law. If printed in bill form the 
cost will be $331, and if printed in document form, $187. It seems 
to the committee it will meet the whole demand fairly will if it 
shall be printed in document form, and I will move the necessary 
amendment when the resolution has been read. 

The Chief Clerk read the resolution submitted j'esterday by 
Mr. Perkins, as follows: 

Jlesoh-ea, That the Piiblio Printer is herehy instructed to print 5,000 copies 
of Senate bill 1694, and sentl them to the Senate aocument room. 



1892. 



CONGRESSIONAL EECOED— HOUSE. 



487 



Mr. DOLPH. I will yield. I shall liavo the floor when the 
bill is resumed again, but I wish to state now that if the senior 
Senator from Indiana [Mr. VOORHEES] or the senior Senator from 
New York [Mr. Hiscock] should be here on Monday and desire 
to discuss the bill I shall be glad to give way and conclude my 
remarks after they have spoken. 

EXECUTIVE SESSION. 

Mr. SAWYER. I move that the Senate proceed to the con- 
sideration of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After five minutes spent 
in executive session the doors were reopened, and (at 4 o'clock 
and 40 minutes p. m.) the Senate adjourned until Monday, Jan- 
uary 25, 1892, at 12 o'clock meridian. 



CONFIRMATIONS. 

Executive nominations confinned by the Senate Janucmj 21, 189:2. 

COLLECTOR OF INTERNAL REVENUE. 

Adam B. Bowman, of Tennessee, to be collector of internal rev- 
enue for the second district of Tennessee. 

APPOINTMENTS IN THE NAVY. 

Joseph Alfred Guthrie, a resident of Virginia; Charles Moore 
De Valin, a resident of the District of Columbia, and Henry La 
Motte, a resident of New York, to be assistant surgeons in the 
Navy. 

PROMOTIONS IN THE ARMY. 

Medical Department. 
Capt. Edward B. Moseley, assistant surgeon, to be surgeon. 

Cavalry arm. 
Lieut. Col. John J. Upham, Third Cavalry, to be colonel. 
Maj. Eugene B. Beaumont, Fourth Cavali-y, to be lieutenant- 
colonel. 
Capt. Sanford C. Kellogg, Fifth Cavalry, to be major. 
First Lieut. Robert London, Fifth Cavalry, to bo captain. 
Second Lieut. Robert E. L. Michie, Second Cavalry, to be first 
lieutenant. 

Artillei-y arm. 
Second Lieut. Arthur T. Curtis, Second Artillery, to be first 
lieutenant. 

Infanti-y arm. 
First Lieut. John G. Ballance, regimental adjutant, Twenty- 
second Infantry, to be captain. 

Ordnance Department. 
Second Lieut. William M. Pierce, Second Artillery, to be first 
Lieutenant. 

Cavalry ar7n. 
Second Lieut. Lewis M. Koehler, Sixth Cavalry, to be first 
Lieutenant. 

Infantry arm. 
First Lieut. John Murphy, regimental quartermaster. Four- 
teenth Infantry, to be captain. 

Second Lieut. Andre W. Brewster, Tenth Infantry, to be first 
lieutenant. 

Second Lieut. Michael J. O'Brien, Thirteenth Infantry, to be 
first lieutenant. 

Second Lieut. Charles H. Muir, Seventeenth Infantry, to be 
first lieutenant. 

Cavalry arm. 
Second Lieut. Willard A. Holbrook, First Cavalry, to be first 
lieutenant. 

Infantry arm. 
Second Lieut. WilUam M. Wright, Second Infantry, to be first 
lieutenant. 

SECOND LIEUTENANT OF CAVALRY. 

Powell Clayton, jr., of Ai-kansas, to be second lieutenant of 
cavalry. 

POSTMASTERS. 

William B. Woolverton, to be postmaster at Norwalk, in the 
county of Huron and State of OTiio. 

Frank M. Bitczel, to be postmaster at Warren, in the county 
of Trumbull and State of Ohio. 

Thomas M. Kirkland, to be postmaster at Chapel Hill, in the 
county of Orange and State of North Carolina. 

Benjamin B. Henderson, to be postmaster at Fayettevillo, in 
the county of Cumberland and State of North Carolina. 

Edwin Farley, to be postmaster at Paducah, in the county of 
McCracken and State of Kentucky. 

Joseph K. Moore, to be postmaster at Conshohocken, in the 
county of Montgomery and State of Pennsylvania. 



Daniel M. Morrison, to be poslmsister at Rockingham, in the 
county of Richmond and State of North Carolina. 

Allen L. Sparger, to bo postmaster at Mount Airy, in the county 
of Surrey and State of North Carolina. 

Kittredge C. Graj', to be postmaster at Madison, in the coxmty 
of Somerset and State of Maine. 

Forrest Good win, to bo postmaster at Skowhegfan, in the county 
of Somerset and State of Maine. 

Joseph Dunnell, to bo postmaster at Cumberland Mills, in the 
county of Cumberland and State of Maine. 

l^Iartin G. Sanger, to be postmaster at Basic City, in the county 
of Augusta and State of Virgiuia. 

George Richardson, to be postmaster at Farraville, in the 
county of Prince Edward and Statu of Virginia. 

George T. McClintic, to be postmaster at Covington, in the 
county of Alleghany and State of Virginia. 

Thomas B. Mahone, to be postmaster at Williamsburg, in the 
county of James City and State of Virginia. 

Robert A. Fulwiler, to bo jjostniastcr at Buchanan, in the 
county of Botetourt and State of Virginia. 

James H. Rector, to ba postmaster at Cumberland Gap, in the 
county of Claiborne and State of Tennessee. 

Eugene G. Webb, to be postmaster at Elkland, in the county 
of Tioga and State of Pennsylvania. 

Allen L. Shomo, to ba postmaster at Hamburg, in the county 
of Berks and State of Pennsylvania. 

Frank J. Over, to ba postmaster at HoUidaysburg, in the county 
of Blair and State of Pennsylvania. 

Mrs. Sarah E. Henry, to "be i)ostmastor at Lindsborg, in the 
county of McPhcrson and State of Kansas. 

Morrell M. Fuller, to be postmaster at Ellis, in the county of 
Ellis and State of Kansas. 

Edward Colbert, to bo postmaster at National Military Home. 
In the county of Leavenworth and State of Kansas. 

William W. Sprague, to be postmaster at St. Johnsbury, in 
the county of Caledonia and State of Vermont. 

Charles F. Wilde, to be postmaster at WoUaston, in the county 
of Norfolk and State of Massachusetts. 

Albert B. Dresser, to be postmaster at Needham, in the county 
of Norfolk and State of Massachusetts. 

Harry M. Leach, to be postmaster at Hiram, in the county of 
Portage and State of Ohio. 

John Lehmann, to be postmaster at Halstcad, in the county of 
Harvey and State of Kansas. 

William A. I^IcGinety, to be postmaster at Falmouth, in the 
county of Pendleton and State of Kentucky. 



HOUSE OP EEPEESENTATTS^ES. 

THUitSDAT, January 31, 1893. 

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. 
W. H. MiLBURN, D. D. 

The Journal of the proceedings of yesterday was read and ap- 
proved. 

LEAVE OF ABSENCE. 

By unanimous, consent, leave of absence was granted to ^Ir. 
Whiting for this day, and to Mr. Weadock for one week, on 
account of important business. 

LIGHT SALEM CREEK, NEW JERSEY. 

The SPEAKER pro tempore laid before the House a letter from 
the Acting Secretarj' of the Treasury, recommending that a light 
be established at the mouth of Salem Creek, New Jersey; which 
was referred to the Committee on Interstate and Foreign Com- 
merce. 

STEAM FOG SIGNAL, SOUTHWEST LEDGE, CONNECTICUT. 

The SPEAKER pro tempore also laid bofoi'o the House a letter 
from the Acting Secretary of the Treasury, recommending that 
the light and fog signal station at Southwest Ledge, Connecticut, 
bo replaced by a steam fog signal similar to that at Execution 
Rocks, New York; which was referred to the Committee on In- 
terstate and Foreign Commerce. 

L. B. HEARRELL. 

The SPEAKER pro tempore also laid before the House a letter 
from the assistant clerk of the Court of Claiuis, transmitting a 
copy of the findings of the court in the case of L. B. Hearrell vs. 
The United States; which was referi-ed to the Committee on War 
Claims. 

SENATE BILLS REFERRED. 

The SPEAKER )j)-o tempore also laid before the House bills of 
the following titles; which were read twice, and referred as indi- 
cated, viz: 

A bill (S. 81) to relinquish the interest of the United States in 



488 



CONGRESSIONAL RECORD— HOUSE. 



Januaey 21, 



a certain parcel of land in the city of Pensacola, Fla. , to Escam- 
bia Lodge, No. 15, Free and Accepted Masons — to the Committee 
on Public Buildings and Grounds. 
»g,-_^ A bill (S. 297) to increase the accommodations at the marine 

JBmt^ hLj j w tal at Detroit, Mich.^to the Committee on Commerce. 

A bill (S. 435) to aid the State of South Dakota to support a 
school of mines — to the Committee on Education. 

A bill (S. -144) granting to the State of South Dakota section 
numbered 36 in township numbered 56 west, in the county of 
Yankton, in said State, for the purpose of an asylum for tlio in- 
sane, to correct an act approved June 16, 188U, attempting to 
make such grant to the Territory of Dakota, and for other pur- 
poses — to the Committee on the Public Lands. 

A bill (S. 418) to change the times for holding the circuit and 
district courts of the United States for the western district of 
Missouri — to the Committee on the Judiciary. 

A bill (S. 1095) for the relief of Thomas Chambers — to the Com- 
mittee on Claims. 

A bill (S. 79) for the erection of a public building at Tampa, 
Fla. — to the Committee on Public Buildings and Grounds. 

A bill (S. 94) to provide for the purchase of a site and the erec- 
tion of a public Imilding thereon at Jacksonville, in the State of 
Illinois — to the Committee on Public Buildings and Gi'ounds. 

A bill (S. 197) providing for the eretion of a public building at 
the city of Norfolk, Nebr. — to the Committee on Public Buildings 
and Grounds. 

A bill (S. 237) for the erection of a public building at Wator- 
bury , Conn. — to the Committee on Public Buildings and Grounds. 

A bill (S. 303) to provide for the erection of a public building 
in the city of Mansfield, Ohio — to the Committee on Public Build- 
ings and Grounds. 

A bill (S. 304) to provide for the erection of a public building 
in the city of Zanesville, Ohio — to the Committee on Public 
Buildings and Grounds. 

A bill (S. 339) for the erection of a public building at Fergus 
Falls, Minn. — to the Committee on Public Buildings and Grounds. 

A bill (S. 367) to provide for the purchase of a site and the erec- 
tion of a public building thereon at Nashua, in the State of New 
Hampshire — to the Committee on Public Buildings and Grounds. 

A bill (S. 426) to provide for the erection of a public building 
for the use and accommodation of the post-ofBce at Mammoth 
Hot Springs, in the Yellowstone National Pai-k — to the Commit- 
tee on Public Buildings and Grounds. 

A bill (S. 1054) to provide tor the construction of a public build- 
ing at Hastings, Nebr. — to the Committee on Public Buildings 
and Grounds. 

MONTGOMERY COUNTY, ARK. 

Mr. TERRY. Mr. Speaker, with the consent of the Commit- 
tee on the Judiciary, I desire to ask unanimous consent that that 
committee be discharged from the further consideration of the 
bill (H. R. 3931) to detach Montgomery County from the western 
and add it to the eastern district of Arkansas, and that the bill 
be taken u]5 for present consideration. 

The SPEAKER pro tempore. The bill will be read, subject to 
objection. 

The bill was read, as follows: 

Beiteiiaded, etc.. That so much of section 533 of the Revised Statutes as pro- 
Tide that Moutgoinery County shall be embraced iii the western judicial dis- 
trict of Arkansas be, and the same is hereby, repealed, and the said county is 
hereby added to and placed in the eastern .ludicial district of said State, and 
all process issued against defendants residing therein shall bo retm-ned to 
Little Rock until otherTvise provided, and all causes of action which have ac- 
crued or may hereafter accrue in said county, of which the courts of the 
United State's have jiu"isdiction, shall be cognizable in the courts of Little 
Rock until otherwTise provided by law. 

Sp;c. 2. That all actions or proceedings now pending against parties resid- 
ing in said Montgomery Coimty in the coiurt of said western district may, 
upon the application of either, be transferred to the court for the eastern 
district at Little Rock, and in case of such transfer all papers and files therein, 
with copies of all record entries, shall be transferred to the ofSce of the clerk 
of such com-t, and proceed in all respects as though originally commenced in 
said coxu't at Little Rock. 

Sec. 3. That all crimes and offenses heretoforecommitted within said west- 
ern district shall be jirosecuted, tried, and determined in the same manner 
and with the same effect as it this act had not been passed. 

Sec. 4. That all laws and part of laws in conflict with this act are hereby 
repealed. 

Mr. CULBERSON. Mr. Speaker, I desire to state that the 
Committee on the Judiciary make no objection to that reqiiest, 
and I feel authorized to say that the committee would unani- 
mously recommend the passage of the bill. 

There being no objection, the bill wa,s ordered to bo engrossed 
and read a third time; and being engrossed, it was read the third 
time, and passed. 

On motion of Mr. TERRY, the motion to reconsider the last 
vote was laid on the table. 

MESSENGER TO THE COMMITTEE ON RIVERS AND HARBORS. 

Mr. COOPER. Mr. Speaker, I present a report from the Com- 
mittee on Accounts, which I ask the Clerk to read. 



The Clerk read as follows : 

Resolved, That the Doorkeeper of the House Is hereby authorized to appoint, 
for a period of Ave months, a messenger to the Committee on Rivera ana 
Harbors, at a salary of $75 per month, to be paid out of the contingent fund 
of the House. 

BEPORT. 

The Committee on Accoimts, to whom was referred the accompanying reso- 
lution, submitted by Mr. Blanchabd on January 11, 1893, respectfully report: 

That the public business intrusted to the consideration of the Committi;e on 
Rivers and Harbors embraces numerous and important matters, and, owing 
to the fact that the House has given the above-named committee power to sit 
during the sessions of the House, it is absolutely impossible to carry on the 
M'ork of that committee without the assistance of a messenger. Your com- 
mittee therefore report said resolution, with the recommendation that the 
same be amended by strilcing out the word " fl ve " and inserting in lieu thereof 
the word "three," and that as amended the resolution be adopted. 

Mr. BLANCHARD. Mr. Speaker, the Committee on Rivers 
and Harbors has the permission of the House to sit during the 
sessions of the House. The committee meets every day at 10:30, 
and holds steadily on, even while the House is in session. We 
have a most important and arduous duty to perform. The labors 
of the committee are simply enormous. There is no committee 
in this House that has more to do. River and harbor bills usu- 
ally aggregate about $20,000,000 for expenditure during two 
years, and it i-equires a vast deal of time and work to properly 
prepare the bill, examine voluminous reports, give hearings, 
etc. We have no assistant clerk for the committee, and we 
want none; but we do need a young man to sit at the door of the 
committee room while we are in executive session. 

The committee room is just across the corridor from the Hall 
of the House. Its convenience to the Hall of the House is so 
great that members, without knowing the committee is in ses- 
sion, come to the door with friends who have sent tor them, seek- 
ing to use the room as a convenient place for conference. Besides, 
the hall between the committee room and the House, while the 
latter is in session, is always full of people, not members, who 
at tend upon the sessions of the House. Unless the door is guarded 
they frequently attempt entrance to the great annoyance of the 
members of the committee and the disturbance of the work. The 
Doorkeeper details a messenger to sit at the door of the room un- 
til a quarter before 12 o'clock. At that hour it is his duty to go 
to that one of the main doors of the House to which he is assigned 
when the House is in session. Therefore, at the time when we 
most need a man at the door (when the House is about to meet 
and when the House is in session) we have none. 

In view of that, the Committee on Rivers and Hai-bors ijassed 
a resolution requesting the House to g'rant the committee a mes- 
senger for the period of three months. By that time the river 
and harbor bill will be completed. We will not need bis serv- 
ices any longer, and do not ask for the messenger beyond that 
period. For the three months we require the messenger the 
salary proposed is $75 per month, or an aggregate expenditure 
of $225. That is the resolution which has been reported favora- 
bly from the Committee on Accounts. I ask the House to agree 
to its passage. 

The amendment reported by the committee was agreed to. 

The resolution as amended was then agreed to. 

On motion of Mr. COOPER, a motion to reconsider the last vote 
was laid on the table. 

ASSISTANT CLERK TO THE COMRUTTEE ON INULITARY AFFAIRS. 

Mr. COOPER. I also present the following report from the 
Committee on Accounts. 

The Clerk read as follows: 

"Resolved. That an assistant clerk be allowed to the Committee on Military 
Affairs dtu:ing the present session of Congress, at a compensation of J6 per 
day, to be paid out of the contingent fund of the House." 

REPORT. 

The Committee on Accounts, to whom was referred the accompanying res- 
olution, submitted by Mr. Outhwaite on January 15, 1892, respectfiUiy report 
that they hare given the matter careful consideration, and find that the 
large amoimt of public business requiring the attention of the Committee on 
Military Affairs is of such a nature as to imperatively require, during the 
present session of Congress (as the contmittee had during the last), the serv- 
ices of an assistant clerk. They therefore report said resolution favorably 
and recommend its passage. 

The resolution was agreed to. 

On motion of Mr. COOPER, amotion to reconsider the last vote 
was laid on the table. 

ASSISTANT CLERK TO THE COMMITTEE ON CLAIMS. 

Mr. COOPER. I also submit another report from the Com- 
mittee on Accounts: 

' 'Resolved, That the Committee on Claims be authorized dttrlng the sessions, 
tmtil further ordered by the House, to employ an assistant clerk, to be paiij 
out of the contingent fund of the House, at the r.ate of S6 per day." 

The Committeeon Accotmts, towhom was refeiTed the accompanying resc> 
Itition, submitted by Mr. BniJN on January 11, 1892, respectfully report that 
the business of the Committee on Claims reqtiires, as it has in previous Con- 
gi'esses, the employment of an assistant clerk. 

They therefore report said resolution, with the recommendation fnat the 
same be amended by striking therefrom the word " sessions " and inserting in 
place thereof the word "session;" and that as amended the resolution be 
adopted. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



511 



The report is as follows: 

The Committee on PrivUeges and Elections, who were directed by resolu- 
tion ot December 12, 1891, to inquii'e Into and report upon the circumstances 
and validity of the appointment of Mr. Chilton to a seat in the Senate from 
the StateofTexas,havecomplied with said resolution.and respectfully report: 

Mr Reagan elected Senator from the State of Texas for the tei-m ot six 
vears from tlio 4th of March, IS87,resigTied his ofBce, the resignation to take 
ettei t on the 10th day of June, 1891. The executive of the State of Texas on the 
25th day of April, 1891, and after the receipt of the resignation of Mr. Keagaii, 
appointed Mr. Chilton to till the vacancy occasioned by said resignation. Mr. 
CHILTON'S credentials set forth the resignation of Mr. Reagan, and further 
dfi c 1 irG 

'• Now therefore, I, .T. S. Hopcg, governor of the State of Texas, by virtue of 
the •luth'oritv vested iu me by the Constitution and laws of the ITmted States 
and ot the State of Texas, do hereby appoint Horace Chilton, of Smith 
Coimtv Tex Senator m the Congress of the United .States from the State ot 
Texas to flu the vacancy occasioned by the resignation ot the Hon. John H. 
Rea"an. This appomtment to talie effect the 10th day of Jime, A. D. 1891. ' 

The certifiate bears date April 25, 1891. ,,„ , , ^ t, . ., 

Mr Chilton is m all other respects duly qualined to be a Semator from the 
State of Texas The only question is whether the governor might lawfully 
make this appointment before the resignation of Mr. Keagan actually tonlj 
effect 

The provision of the Constitution affecting the question is as follows: 

•• \RT I Sec 3. The Senate of the United States shall be composed of two 
Senators from each Slate, chosen by the Legislature thereof for six years. 
* » * and if vacancies haiipen, by resignation or otherwise, during the re- 
cess ot the Legislature ot any Slate, the executive thereof may make temp.i- 
rary appointments until the iiext meeting of the Legislature, which shall then 
fill such vacancies." ... . .,, ^. 

A similar state of facts has arisen in a number of instances since the Con- 
stitution went into operation. . . , ,, i,,,o,„ 

The term ot Uriah Tracy. Senator from Connecticut, expired March 3. 18U1 ; 
he was appointed by the governor of Connecticut, February 20. 1801; ■•from 
the M ot March next until the next meeting of the Legislatm-eof said State," 
the Legislature of the State not being in session at the time ot said appomt- 
ment or thereafter imtil after said 4th ot March. Exception being taken to 
his credentials, be was admitted to the seat by a vote of 13 yeas to 10 nays, 
and held the seat during the special session of the Senate, March 4 and .>. 

Jo<ieph Anderson, ot Tennessee, was appointed by the executive February b, 
1809 to fill the vacancy which would result from the expiration of his term. 
March 3, 1809. He held the seat under these credentials during the special 
8es.sion of the Senate. March 1 to March 7, 1809. 

John Williams, of Tennessee, was api^ointed by the executive to nil the 
vacancy which woiUd result from the expiration of his own term. March :i. 
1817. Under these credentials he held his seat from March 4 to 6, 1817. 

John McPherson Berrien, of Georgia, resigned by letter dated Washing- 
ton May 28 1852, addressed to the President ;jro tempore, and read ill Senate 
same date. (Globe, first session, Thli-ty -second Congi-ess, p. 1493.) 

Robert M. Charlton, his successor, appeared June 11. 1852, with credentials 
signed by the governor of Georgia, and dated May 18, 1852, to take effect from 
and after May 31, 1R52. He was sworn and took his seat without objection. 




Obiection being'made.Mr. Lauman was refused a seat by a vote of 23 to 13, 
There is no historical evidence from which v.-e can determine on what ground 
the Senate rejected Mr. Laninan, whether it was on the groimd that the gov- 
ernor could not fill a vacancy happening at the begrinning of a term, or on the 
groimd that the governor could not lawfully make the appointment m antici- 
pation and before a vacancy occm-red, and before he could possibly know 
whether the Legislature might not be called together before that time. Judge 
Story (Const, sec. 727, n. 2) says: . 

"In the case of Mr. Lanman, a Senator from Connecticut, a question oc- 
curred whether the State executive could malce an appointment m the re- 
cess otthe State Legislatm-e in anticipation of the expii-ation of the terra ot 
office ot an existing Senator. It was decided by the Senate that he could not 
make such an appointment. The facts were thatMr. Lanman's term as Sen- 
atorexplred on the SJ of March, 1825. The President had convoked the Sen- 
ate to meet on the 4th ot March. The governor ot Connecticut, m the recess 
ot the Legislature (whose session would be in May), on the 9th of the preced- 
ing February appointed Mr. Lanman as Senator, to sit m the Senate after . 
the 3d of March. The Senate by a vote of 23 to 18 decided that the appoint- 
ment could not be constitutionally made untU after the vacancy had actually 
occurred." 

The following statement appears in the National Intelligencer lor Tues- 
day, March 8, 1825: ^ ,.,,-.,,£.. 

•■An important constitutional question was yesterday decided m the Sen- 
ate, by the refusal to admit Mr. Lanman to a seat in the Senate under a com- 
mission from the governor, granted before the expiration of Mr. Lanman's 
late lei-m of service. This is the first time this question has been adjudicated 
und<r such circumstances as to form a precedent; and we presume it may 
now be considered a settled construction of the constitutional provision that 
a vacancy must have literally 'happened' or come to pass before an ap- 
pointment can be made to fill it. The case has once been questioned and de- 
cided differently, but it was in strong party times, all the Federal members 
Toting for the member's taking his seat, and all the Democratic members 
agti'ust it, imder which circumstances the decision has not been much re- 
spected as a precedent. So far as it was a precedent it is now reversed." 

Gorden's Digest of the Laws ot the United States, 1827, appendix, note 1 B, 
st;if es the ground of the decision in the same way, but manifestly bases the 
statement on the authority of the National Intelligencer. 

On the other hand, Mr. Grundy, in his report from the Committee on the 
Judiciary in the case ot Jlr. Sevier, Senator from the State of Arkansas, who 
•was appointed by the governor of Arkansas, January 17, 1837, to fill the va- 
cancy which would occur on the 3d of March foUo\vlug, by the expiration ot 
Mr. Sevier's previous term, declared that the decLsion in the Laninan case 
was on the ground "that the Legislature must provide for all vacancies, 
which must occm- at stated and kno'wn periods, and that the expiration ot a 
regular term of service is not such a contingency as is embraced In the second 
section of the first article of the Constitution." He distinguished Mr. Se^vler's 
case from the Lanman case by the fact that the timo that Mr. Sevier was to 
go out of office was decided by lot, he having been one ot the Senators ap- 
pointed by the State on its admission. 

Niles' Register of Friday, March 12, states the question in regard to the 
Laninan case: , , . 

"The question was whether the failure by the Legislature to make a choice 
of Senator constitutes the contingency in which the governor may appoint a 
Senator." . . , 

Mr. Benton, in his Thirty 'i'ears' View, states that the prmcipal argument 
agamst the admission ot Mr. Lanman was made by Mr. Tazewell, that argu- 
ment being that the wo»d " happen " in the Constitution could not apply to 
a foreseen event, bound to occur at a fixed period, and that therefore it was 



theright of the Legislature only to fill a vacancy which was foreseen, regular, 
and certain, and that there was no right in the governor to supply that 
omission. 

Jlr. Lauman was not admitted to the seat. There is nothing in the con- 
temporary record of the debates or In the resolution which enables us to 
determine whether the majority of the Senate based its action on the ground 
stated by Mr. Benton to have been maintained b.v Mr. Tazewell, or on the 
ground stated by Judge Siory and by the N:itional Intelligencer. The case, 
therefore, is not an authority on either sideof the question. So tliat it Is im- 
possible to determine whether the Senate meant to overrule the Tracy case 
on one ground or the other. 

On the other hand, an examination ot the very numerous cases where the 
executives of States have made appointments when the Legislature was not 
in session shows that in a great many of them the executive has postponed 
action, where the resignations were made to take effect ;it a future time or 
where the previous term had expired byltsowm limitation, until after the 
vacancy existed. In all probability this postponement was caused by a be- 
lief on the part of the executive that he h;ul no authority to iiro\-ide for filling 
a vacancj- until it ai:tually occurred, or at any rate, that the question was so 
far In doubt that it would be uns:ife to make the app(jintment in anticipation. 
So far, then, as the precedents are concerned it apiwars that in three cases 
persons so appointed have been admitted to their scats without question; 
that Mr. Tracy was admitted and Mr. Lanman rejected where the executive 
iii:ide the aijpoiiitnient in :intiripation of a vacancy, there being a discussion 
in the Senate, but no s:itisfactory evidence ot the grounds of the judgment; 
that in one case, that of Mr. Serter, a person so appointed has been admitted, 
when the validity of the appointment was questioned upon other grounds, 
witliout raisiug this <iue.^tion specifically; and that in modern limes the prac- 
tice has been uuitorm for the .State executive to delay appointment until the 
actual happening of the vacancy. 

Under these cii'cumstances it seems to us that the Senate may now de- 
tei-mine the question unhampered by any precedents of its own. 

We suppose that where the power is given to fill vacancies In public offices 
it has been the uuitorm practice to permit resign;itions ot such offices to be 
made to take effect at a futm^e day. and to hold that the appointing power 
is entitled to make the appointment in adv;ini^o to fill the vacancy, lo takc^ 
effect when the resignation becomes operative, unless the language of the 
constitutional or statute pro-vision under which the authority Is exercised 
forbids such construction. 

The Constitution of the United States. Article II, sections, in providing 
for the appointing power, enacts: 

■ ■ The President shall have power to fill all vacancies that may happen dur- 
ing the recess of the Senate, by granting couimissious which shall expire al 
the end of their next session.'' 

We believe it has been the uniform practice of the Executive from the be- 
ginning to accept resignations which are lo take effect in the future, and to 
mak" appointments, also to take effect in the future, to fill them. We suppo.m 
that a like practice also prevails in regard lo tlio heads of Departments In tb.o 
exercise of the appoint ing power conferred by law upon them. The langu-age 
of the provision ot the C'tmstitution under consideration, that •'If vacancies 
happen by resignation or otherwise during Ihe recess of the Legislature of 
any .State, the executive thereof may make lempor.ary appointments until 
the next meeting of the Ivigislature." seems to us to .admit easily of a llkocon- 
struction. We do not suppose that it was the Intention of the f ramers of the 
Con:<titution to establish different rules for these two cases. 

The Senate has recently, after full consideration, determined that the con- 
stitutional provision that the Senate shall choose a President pro (finpore In 
the absence of the Vice-President permits the choice of an officer in advance 
of the actual occm'rence of the contingency refeiTed to. who may Lake the 
chair whenever the Vice-President may be absent, until the Senate otherwise 
order. In all these cases, including that which we are now considering, the 
important consideration is that it must have been the purpose of the Irameru 
of the Constitution, as it is clearly lor the public Interest, that the office as f ;ir 
as possible should always be filled. This consideration applies Ti\-ith peculiar 
force to the office of Senator. We should be very unwilling to establish a 
construction of the Constitution which would make it cert.am that hi no case 
of the resignatlonoi a Senator, however necessary that resignation might be, 
there should be a succession without a consider:ible interval. 

This would bear with peculiar hardship upon States remote from the seat 
ot Government, and might determine the policy ot the country In great emer- 
gencies and m matters peculiarly affecting particular States, when such 
States were but partially represented or possibly not represented at all. The 
tendency of the opinion "in the Senate, as evidenced by its more recent deci- 
sions, has been more and more to lead to a construction which, as far as pos- 
sible, secures that the seats in the Senate should be filled -n-ltbout any inter- 
ruption in the representation of the State. Thus, in the case of Mr, Bell and 
Mr, Blair, Senators from the State of New Hampshire, It has been held that 
the executive might fill the vacancy occurring at the beginning ot the consti- 
tutional tei-m in consequence of the failure or the inability of the Legislature 
to elect a Senator for that term. In compliance -with the statute of 1860 (Re- 
vised Statutes, sections 14 and 19), in spite of very weighty and influential 
opinions to the contrary. 

So it has been held and is now the settled construction, that if a vacancy 
occur during the recess ot the Senate, and a person be regularly nominated 
to the Senate at its next session to fill it, and be rejected, and the Senate ad- 
jom-u without the office being filled, the President is entitled to make a new 
appointment in the next vacation. So, if the officer died during the session, 
.and if his death be not kno-wn imtU alter the adjournment, as is said by 
Attorney-General Taney, in his able report (Opinions of Attorneys-General, 
volume 2, page 523) : 

■• It is admitted by every one that the President may appoint in such cases, 
and the practice ot the Government has continually confoi-med to that con- 
struction," 

'•It was the Intention of the Constitution," Mr, Taney further says, "that 
the offices created by law and necessary lo carry out the operations of the 
Government shoiUd always be f idl, or, at all events, that the vacancy should 
not be a protracted one," (See also, to the same effect, the opinion of Wil- 
liam Wirt. 1 Op. Atty'ys Gen.. 631.) „,.... .,,,., 

It has been suggested that If this construction bo established it will be in 
the power ot the governor of the State to provide by appointment for the fill- 
ing of futm-e vacancies long before they occur, and, therefore, the will of 
the people of the State, as it exists at or near the time of filling the vacancy, 
fail oi being can-led into effect. But the instances must necessarily be very 
rare indeed where the vacancy can be anticipated beforeh.and under elrruin- 
stances which will create such a temptation to the executive. Agamst that, 
as against many other evils which are possible under a popular govemmeni, 
as under other governments, the protection in general must be in the char- 
a»ter and integi-ity of the persons clothed with high public office 

We, therefore, are of the opinion that Mr. Chilton was lawfully appointed 
by the executive ot the State ot Texas to the seat which he now holds, and 
recommend the adoption of the follo«-ing resolution: 

EesoUed, That Mr. Horace Chilton, appointed by the executive of tno 
StateoITexasonthe'25thdav of April, 1891, loan the vacancy occrusioned by tne 

resignation of Hon. John H. Reagan, which had prerious.y been made lo 
take effect on the 10th day of June. 1891, is entitled to reiam his seat. 



512 



CONCJ RESSION AL EECOK D— HEN ATE. 



jAXUAliY 25, 



SENATOR FKOM FLOKIDA. 

Mr. TUBPIE. The Committee on Privileges and Elections, to 
whom wei-e refei'red the papers, evidence, and certificates in the 
case ot Wilkinson Call, and of the contestant, R. H. M. David- 
son respecting the question of a title to a seat in this body from 
the'state of Florida, have had the same under consideration, and 
have inslrueled mo to report the following resolution: 

I/rsolred That the Hon. Wii-iciNSoN Call, of Florida, was duly electcil liy 
llio LPfiisliuurf of said Slat.' on Uie 20th day ot May, 18'Jl, a Senator ol the 
United States from said State for the term ot six years, commeneiuf; on the 
4th day of March, 1891, and that he is lawfully entitled to a seat in the Senate. 

The VICE-PRESIDENT. The resolution will be placed on the 
Calendar. 

BILLS INTRODUCED. 

Mr. SHERMAN (by request) introduced a bill (S. 1778) to_ re- 
organize the line of the Army; which was read twice l)y its title, 
and, with the accompanying papers, referred to the Coramitteeon 
Military Affairs. 

Ho also introdticed a bill (S. 177!)) for the relief of Robert S. 
Forbes; which was read twice by its title, and referred to the 
Committee on Military Affairs. 

He also introduced a bill (S. 1780) for the relief of i'l-ed W. 
Snell; which was read twice by its title, and referred to the Com- 
mittee on Claims. 

He also introduced a bill (S. 1781) increasing the pension of 
Andrew J. Konklo; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 1782) for the relief of James Rob- 
erts; which was read twice by its title, and referred to the Com- 
mittee on Military Affairs. 

He also introduced a bill (S. 1783) granting an increase of pen- 
sion to Albert A. Morey; which was read twice by its title, and 
referred to the Committee on Pensions. 

Mr. WILSON inti-oduced a bill (S. 1784) to idemuify the set- 
tlers upon the so-called Des Moines River lands in the State of 
Iowa; which was read twice by its title. 

Mr. WILSON. I ask that the bill be referred to the Committee 
on Public Lands, and in this connection I wish to state that I hope 
the committee will give the bill early consideration, inasmui.-h 
as it affects the interests of a large number of people who settled 
upon what were always believed to be public lands of the United 
States. But a recent decision of the Supreme Court of the United 
States seems to be adverse to that almost or quite imiversal be- 
lief in the State of Iowa, and in order that the settlers may be 
provided for by indemnity by tlio United States, I hope that the 
committee will give early consideration to the bill. 

The VICE-PRESIDENT. The bill will be referred to the 
Committee on Public Lands. 

Mr. WILSON introdticed a bill (S. 1785) granting a pension to 
Mrs. M. M. R. Stafford; which was read twice by its title, and 
referred to the Committee on Pensions. 

Mr. SAWYER introduced a bill (S. 1786) granting a pension 
to Mrs. Jennie Gray; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. PADDOCK introduced a bill (S. 1787) granting a pension 
to Austin Rockwell; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Pen- 
sions. 

Mr. McMillan introduced a bill (S. 1788) to incorporate the 
Church Orphanage Association of St. John's parish, of Washing- 
tto, D. C; which was read twice by its title, and referred to the 
Committee on the District of Columbia. 

He also introduced a bill (S. 1789) to extend to Marquette, Mich., 
-^e privilege of immediate transportation of unappraised mer- 
^andise; which was read twice by its title, and referred to the 
Committee on Commerce. 

Ho also introduced a bill (S. 1790) for the relief of Thomas 
"^itisell; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Claims. 

Ho also introduced a bill (S. 1791) for a public building for a 
marine hospital at Cheboygan, Mich.; which was read twice by 
,its title, and, withtheaccompanyingpapers, referred to the Com- 
mittee on Public Buildings and Grounds. 

Mr. CAMERON introduced a bill (S. 1792) removirg the charge 
of desetion against Philip Schrout; which was read twice by its 
title, and referred to tlie Committee on Military Affairs. 

Mr. DAWES introduced a bill (S. 1793) to legalize the deed 
and other records of the office of Indian Afl'airs, and to provide 
and authorize the use of a seal by said office; which was read 
twice by its title, and referred to tho Committee on Indian Af- 
fairs. 

He also introduced a bill (S. 1794) to ratify and confirm an 
agreement with the Pah-Ute tribe or band of Indians on the Pyr- 
amid Lake Indian Reservation in Nevada, and for other pur- 
poses; which was read twice by its title, and referred to the Com- 
mittee on Indian Affairs. 



He also introduced a bill (S. 1795) to ratify and confirm ar. 
agreement with the Indians residing on the Shoshone Indian 
Reservation in the State of Wyoming, with certain changes and 
modifications, and to make appropriations for carrying the same 
into effect; which was I'ead twice by its title, and referred to tlie 
Committee on Indian Affairs. 

He also introduced a bill (S. 179G) to ratify and confirm an 
agreement with the Tonkawa tribe of Indians in Oklahoma Ter- 
ritory, and to make appropriation to carry the same into effect; 
which was road twice by its title, and referred to the Committee 
on Indian Afl'airs. 

He also introduced a bill (S. 1797) to ratify and confirm an 
agreement with the Kickapoo Indians in Oklahoma Territory, 
and to make ai)|)ropriations for carrying the same into effect; 
which was read twice by its title, and referred to theCommittee 
on Indian Affairs. 

He also introduced a bill (S. 1798) to ratify and confirm an 
agreement with the Indians residing on the Colville Reserva- 
tion in the State of Wa.shington, withc.irtain modfications, and 
to make aprpopriations for the carrying into eft'ect of the same; 
which was road twice by its title, and referred to the Committee 
on Indian Affairs. 

He also introduced a bill (S. 1799) to ratify and confirm an 
agreement with the Wichita and affiliated bands of Indians in 
Oklahoma Territory, and to make ajipropriations for carrying 
the same into effect; which was read twic3 by its title, and re- 
ferred to the Committee on Indian Affairs. 

He also introduced a bill (S. 1800) to ratify and confirm certain 
agreements with the Upper and Middle bands of Spokane Indians, 
tile Lower Pend d'Oreillo or Calispel Indians, and the confeder- 
ated bands of Flatheads, Pend d'Oreille. and Kootenai Indians in 
Washington, Idaho, and Montana, and for other purposes; whicli 
was read twice by its title, and referred to the Committee on In- 
dian AlTairs. 

Mr. SQUIRE introduced a bill (S. 1801) making an appropria- 
tion for the construction of a ship canal connecting Lakes Union 
and Washington with Puget Sound: which was read twice by its 
title, and referred to the Committee on Commerce. 

Mr: HISCOCK introduced a bill (S. 1802) toestablish the Grant 
Memorial Home at Mount McGregor, N. Y.; which was read 
twice by its title, and referred to the Committee on Military Af- 
fairs. 

He also introduced a bill (S. 1803) for the relief of Francis 
Irsch; which was read twice liy its title, and referred to theCom- 
mittee on Military Affairs. 

He also (by req'uest) introduced abill (S. 1804) for the relief of 
Benjamin P. Wells, sr.; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Naval Afl'airs. 

He also (by request) introduced a bill (S. 1805) to limit the 
operation of certain acts relating to structures over navigable 
waters; which was read twice by its title, and, with the accompany- 
ing papers, referred to the Committee on Commerce. 

Ho also introduced a bill (S. 1806) to amend sections 2774 and 
2807 of the Revised Statutes; which was read twice by its title. 

Mr. HISCOCK. I desire to say in respect to this bill that the 
argument presented to me would seem to be very strong in favor 
of the amendment to the statute proposed, but it is a measure 
which, as a matter of course, will requireclo.se examination. I 
move that the bill be referred to the Committee on Commerce. 

The motion was agreed to. 

Mr. STOCKBRIDGE introduced a bill (S. 1807) making an ap- 
propriation for tho improvement of the St. Joseph Harbor, Mich- 
igan; which was read twice by it,s title, and referred to the Com- 
mittee on Commerce. 

Mr. PROCTOR introduced a bill (S. 1808) tor the recognition 
of Henry C. Hill as captain and aid-de-camp on the staff of MaJ. 
Gen. B. P. Butler, United States Volunteers; which was read 
twice by its title, and, with the accompanying papers, referred 
to the Committee on I^Iilitary Affairs. 

Mr. PERKINS introduced a bill (S. 1809) to authorize the Sec- 
retary of War to amend the military record of commissioned 
officers of the late war under certain circumstances, and for other 
purposes: which was read twice by its title, and referred to the 
Committee on JNIilitary Affairs. 

He also introduced a bill (S. 1810) for the relief of the officers 
and crew of the United States steamers Forest Rose and Argosy, 
late of the Red River expedition; which was read twii;^ by its 
title, and, with the accompanying papers, referred to the Com- 
mittee on Claims. 

He also introduced a bill (S. 1811) for the relief of Peter M. V. 
Underwood; which was read twice by its title, and referred to 
the Committee on Military Affairs. 

He also introduced a bill (S. 1812) granting a pension to James 
B. Edwards; which was read twice by its title, and, with the 
accompanying papers, refen-ed to the Committee on Pensions. 



1892. 



CONaRESSIONAL RECORD— SENATE. 



531 



mlt a report oltlie Secretary of State, with accompanying documents, show- 
ing the action taken under that resolution. ^^^^ HARRISON. 

ExECUTn-E MANSION, 

Washington, January 2S, 1892. 

JAMES CROOKS. 

The VICE-PRESIDENT laid before the Senate the following- 
messao-e from the President of the United States; which wasread, 
and, with the accompanying papers, referred to the Committee 
on Foreign Relations, and ordered to be printed: 
To the Senate and House of Representatives: 

I transmit herewith a report of the Secretary of State, with accompani- 
ments, in relation to the claim of the representatives of the late Hon. Jame.-, 
Crooks a British subject, against the Government of the United States, for 
the seizure of the steamer Lord Nelson in 1813. 

The favorable action of the FUtieth and Fifty-first Congresses upon the bills 
heretofore introduced for the relief of the claimants makes it proper that I 
should recommend it anew for the consideration and final disposition of the 
present congress. ^^^^ HARRISON. 

ExECTmvE Mansion, 

^Vasllington, January 25, 7892. 

HOUSE BILL. 
The bill (H. R. 28) to amend an act entitled "An act granting 
the right of way to the Hutchinson and Southern Railroad Com- 
pany through the Indian Territory'' w;is read twice by its title, 
and ordered to lie on the table. 

CAPITOL, NORTH O STREET AND SOUTH WASHINGTON RAIL- 
WAY COMPANY. 
The VICE-PRESIDENT laid before the Senate a statement of 
the operations of the Capitol, North O Street and South Wash- 
ington Railway Company for the year ended April 30, 1891; which 
was referred to the Committee on the District of Columbia, and 
ordered to be printed. 

EXECUTIVE SESSION. 

Mr. HOAR. I move that the Senate proceed to the consid- 
eration of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After eight minutes spent 
in executive session the doors were reopened. 

PETITIONS AND MEMORIALS. 

The VICE-PRESIDENT. Petitions and memorials are in 
order. 

Mr. SHERMAN presented a petition of the Universal Peace 
Union, praying Congress to stand firmly bj^ the principles of 
peace and arbitration in regard to Chile; which was referred to 
the Committee on Foreign Relations. 

He also presented a petition of 171 citizens of Ohio, praying 
for the passage of legislation looking to the closing of the World's 
Colmnbian Fair on Sunday; which was referred to the Commit- 
tee on the Quadro-Centennial (Select). 

He also pi-esented a petition of 10 citizens of Logan County, 
Ohio, praying for the passage of what is known as the Butter- 
worth option bill; which was referred to the Committee on the 
Judiciary 

Ho also presented a petition of 13 citjzens of Marion Covmty, 
Ohio, and a petition of 9 citizens of Logan County, Ohio, pray- 
ing for the passage of a bill to impose a revenue tax on com- 
pound lard; which were referred to the Committee on Agricul- 
ture and Forestry. 

Mr. DAVIS. I present a petition of the Farmers' Alliance of 
Polk County, Minn., dated December 20, 1891, praying for the 
passage of bUls to prevent dealing in futures or options and de- 
claring that the AUiance of that county believes that the memo- 
rials now ponding in Congress with a view to establishing a na- 
tional park in Minnesota do not represent the sentiments of the 
people of that State, etc. I move that the petition be referred 
to the Committee on the Judiciary. 
The motion was agreed to. 

Mr. DAVIS presented a memorial of the Chamber of Commerce 
of Minneapolis, Minn.; a memorial of Minneapolis (Minn.) bank- 
ers, and the memorial of the Minneapolis (Minn.) Business Men's 
Union, remonstrating against the passage of what is known as 
the option hill; which were referred to the Committee on the 
Judiciary. 

Mr. ALLISON presented a petition of District Assembly No. 
66, ICnights of Labor, praying for the passage of a bill to author- 
ize the collection of statistics relative to the "slums of cities con- 
taining 200,000 inhabitants and over;" which was referred to the 
Committee on Education and Labor. 

He also presented a jietition of I. E. Bertch and other citizens 
of Washburn, Black Hawk County, Iowa; the petition of John W. 
Bremner and other citizens of Lyon County, Iowa, and the peti- 
tion of John Hossack and other citizens of Warren County, Iowa, 
praying for the passage of the Conger lard bill; which were re- 
ferred to the Committee on Agriculture and Forestry. 



He also presented a petition of Neil Morrison and other citi- 
zens of Warren County, Iowa, and the petition of Thomas D. 
Rood and other citizens of Lyon County, Iowa, praying for the 
passage of the Butterworth option bill; which were referred to 
the Committee on the Judiciary. 

Mr. PADDOCK. I present a petition of the Young People's 
Society of Christian Endeavor of Pilgrim Church, Santee Agency, 
Nebr., composed of Indian children, earnestly requesting that all 
appropriations to be made by the National Government towards 
the expenses of the Columbian Exposition be conditioned upon a 
strict observance at the World's Fair of our American Sabbath, 
and upon the prohibition of the sale of all alcoholic liquors 
upon the Exposition grounds. I move that the petition be referred 
to the Select Committee on the Quadro-Centennial. 

The motion was agreed to. 

Mr. WOLCOTT presented a petition of the board of county 
commissioners of Arapahoe County, Colo., praying for the pas- 
sage of Senate bill 212, providing for the establishment of a coin- 
age mint at Denver, Colo.: which was referred to the Committee 
on Finance. 

iSIr. WASHBURN presented a resolution of the State Farmers 
Alliance of Minnesota, sympathizing with the citizens of North 
Dakota and Minnesota who have beenoi-deled from their homes 
by the Great Northern Railroad Company; which was referred 
to the Committee on Public Lands. 

He also presented a memorial of the State Farmers' Alliance 
of Minnesota, remonstrating against the sotting aside of a large 
portion of the northeastern part of the State for a national park; 
which was referred to the Committee on Agriculture and For- 

He also presented a petition of the board of trustees of theUni- 
versalist General Convention of New York, praying for the rat- 
ification of the so-called Brussels treaty: which was referred to 
the Committee on Foreign Relations. 

Mr. KYLE presented a petition of Sanctuary Local Assembly 
No. 16-W, Knights of Labor, of Washington, D. C; a petition of 
Sanctuary Local x\ssembly No. 4308, Knights of Lalwr, Washing- 
ton, D. C; a petition of Sanctuary Local Assembly No. 38.37, 
Knights of Labor, Washington. D. C, and a petition of Sanctu- 
ary Local Assembly No. 3991, Knights of Labor, of Washington, 
D."^C., praying for the passage of a bill to authorize the collection 
of statistics relative to the slums of cities; which were referred 
to the Committee on Education and Labor. 

Mr. PEFFER presented petitions of the local assemblies, 
Knights of Labor, of the District of Columbia, and a petition of 
District Assembly No. 117, Knights of Labor, of Lebanon, Kans., 
praying for a compilation of statistics relating to the slums of 
cities having apopulation of 200,000 on more; which were referred 
to the Committee on Education and Labor. 

Mr. CALL presented additional papers, to accompany the bill 
for the relief of William Mickler; which were referred to the 
Committee on Claims. 

Mr. COCKRELL presented resolutions adopted by the West- 
ern Retail Implement Dealers' Association of Kansas City, Mo., 
on the 19th of January, 1892, concurring in the resolutions of the 
Missouri River Improvement Convention, held in Kansas City, 
Mo., December 15 and 16, 1891; which were referred to the Com- 
mittee on Commerce. 

REPORTS OF COMMITTEES. 

Mr. MORRILL, from the Committee on Finance, to whom was 
referred the joint resolution (S. R. 24) to provide for an inter- 
national bimetallic agreement, reported it with an amendment. 

Uv. FRYE. I am instructed by the Committee on Commerce, 
to whom was referred the joint resolution (S. B. 23) relative to 
the improvement of the harbor at Philadelphia, Pa., to report it 
with amendments. There is a brief written report. I ask that 
the accompanying papers may be printed and annexed to the re- 
port. 

The VICE-PRESIDENT. It will be so ordered m the absence 
of objection. The joint resolution will be placed on the Calendar. 

Mr. DOLPH, from the Committee on Public Lands, to whom 
was referred the bill (S. 1106) for the relief of John W. Lewis, of 
Oregon, reported it without amendment, and submitted a report 
thereon. . 

Mr. PETTIGBEW, from the Committee on Indian Affairs, to 
whom was referred the bill (S. 438) to prohibit the sale of fire- 
arms and ammunition to the Indians residing upon reservations, 
reported it without amendment. 

Mr. FAULKNER, from the Committee on Claims, to whom 
were referred the following bills, reported them severally with- 
out amendment, and submitted reports thereon: 

A hill (S. 115) for the relief of William W. Burns; and 

A hill (S. 114) making an appropriation for the benefit of the 
estate of William Moss, deceased. , ,. ^ j *„ ,„!,„,„ 

Mr. WHITE, from the Committee on Public j.ands, to whom 



532 



CONGJIESSIOXAL llECOKD— SENATE. 



January 26, 



was reforrcd the bill (S. 1610) to increase the endowment of the 
Louisiana State University and Agricultural Mechanical College 
and for the Southern University of Louisiana, reported it with- 
out amendment, and sulmiittcd a report thereon. 

Mr. SAWYER, from the Committee on Post-Offices and Post- 
Roads, to whom was referred the following bills, reported them 
severally without amendment, and submitted reports thereon: 

A bill (S. 8) for the relief of Mosos Pendergrass, of Missouri: 

A bill (S. 9) for the relief of IC. R. Shipley; and 

A bill (S. 852) for the relief of Mary L. Ross. 

CHEYENNE AND ARAPAHOE INDIAN LAND.S. 

Mr. DAWES. I am instructed by the Committee on Indian 
Affairs, to whom was referred the bill (H. R. 517) providing for 
the completion of the allotment of lands to the Cheyenne and 
Arapahoe Indians, to report itwithout amendment, and to ask for 
its present consideration. 

The VICE-PRESIDENT. The bill will be read for informa- 
tion. 

The Chief Clerk read the bill as follows: 

He it fiuu-tetl, etc.. That. Ihi- sudi ot Jl.i.OOO. or so niuih theri;of as may be 
necessary, is hereby approiuiaii-d, t.i be paid oiu <.f any money iu the Treas- 
m-y not otherwise apprcppiiaieJ. lorthepurpose cjf completing the allotment 
provided for In the agreement with the Cheyenne and Arapahoe Indians In 
Oklahoma, ratified bv act approved March 3, isyi, including the pay and ex- 
penses ot the necessary special agents and necessary resurveys, which sum 
shall be immediately available and be expended under the direction of the 
Secretary of the Interior for the purposes herein expressed. 

Mr. DAWES. I will state to the Senate, if any one desires it, 
the reason for asking present action upon this bill. Yyi-^ ^ 

At the last session it will bj recollected CongressrfR^reoan 
agreement with the Cheyenne and Arapahoe Indians by which 
the Government purchased 3,000.000 acres of land to be added to 
the public domain. It was stipulated in that agreement that the 
residue of their reservations should be allotted to llj>?<iP"'ii in 
severalty before the 3,000,000 acres should be opened to settle- 
ment, giving them the opportunity to select. In the agreement 
it was provided that $15,000 should be appropriated for the ex- 
pense of the allotment. This was an estimate made by the com- 
missioners who made the agreement without *" ' ' "jilliliilMy''' "'^ H" 
of the necessary expenses. It involved the allotmentoTlands to 
more than 3.000 Indians, and on an investigation of the agreement 
it was found that the work was substantially a double allot- 
ment — it was an allotment of agricultural lands and also of graz- 
inglands to each individual Indian. It was provided in the agree- 
ment that there should be distributed of the consideration money 
$250,000 to the Indians per capita. 

The Indians insisted upon having that money before they took 
their allotment, which caused considerable delay. When the 
allotment was proceeded with and it was found to be a double 
work, the $15,000 was .seen to be insufficient, not more than enough 
to do half the work. Under it 1,800 Indians have been allotted 
lands, leaving l,.500still unallotted. The anxiety of the Depart- 
ment is to complete those allotments this winter as eai-ly as pos- 
sible so that the 3,000,000 acres can be opened to settlement in 
the early spring for the benefit of the settlers; and therefore it 
is that there is anxiety to have this bill passed, if at all, imme- 
diately. It passed the House of Representatives last Thursday. 
I ask for the immediate consideration of the bill. 

There being no objection, the Senate, as in Committee of the 
Whole, pi-oceeded to consider the bill. 

Tlie bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

BILLS INTRODUCED. 

Mr. SHERM.\N introduced a bill (S. 1870) for the relief of 
Cai'l P. Kolbo; which was read twice by its title, and referred to 
the Committee on Claims. 

He also introduced a bill (S. 1871) granting a pension to Augus- 
tus W. Sattig; which was read twice by its title, and referred to 
the Committee on Pensions. 

Mr. CULLOM introduced a bill (S. 1872) to provide for the in- 
crease ot the salary of the Supervising Architect of the Treasury 
Department; which was read twice by its title, and referred to 
the Committee on Appropriations. 

He also introduced a bill (S. 1873) granting an increase of pen- 
sion to Franklin Baldwin; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. COLQUITT introduced a bill (S. 1874) to provide for the 
improvement of the harbor at Savannah, in the State of Georgia: 
which was read twice by its title, and referred to the Committee 
on Commerce. 

He also introduced a bill (S. 1875) for the improvement of the 
liarbor at Savannah, in the State of Georgia; which was read 
twice by its title, and referred to the Committee on Commerce. 

Mr. HARRIS (by request) introduced a bill (S.1876) to incor- 



porate the East Washington Crosstown Railway Company of the 
District of Columbia; which was read twice by its title, and re- 
ferred to the Committee on the District of Columbia. 

lie also (by request) introduced a bill (S. 1877) for the relief of 
William H. Nave; which was read twice by its title, and referred 
to the Committee on Military AITairs. 

Mr. TURPIE introduced a bill (S. 1878) to increase the pension 
of Ambro.se B. Carlton; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. BATE introduced a bill (S. 1«79) for the relief, of the La 
(irange Synodioal College of Tennessee; which was read twice 
by its title, and referred to the Committee on Claims. 

Mr. H AWLEY introduced abill (S. 1880) to remove the charge of 
desertion against Joseph E. Sisson: wliich was read twice by its 
title, and with the accompanying jiapers, referred to the Com- 
mittee on Military Affairs. 

He also introduded a bill (S. 1881) to establish a military post 
near the city of Helena, in Lewis and Clarke County, in the 
State of Montana; which was read twice by its title, and referred 
to the Committee on Military Affairs. 

Mr. CAMERON introduced abill (S. 1882) granting an increase 
of pension to Mary Chamberlain: which was read twice by its 
title, and referred to the Committee on Pensions. 

He also introduced a bill (S. 1883) granting a pension to Clara 
R. Rodgers; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Pensions. 

Mr. McMillan introduced a bill (S. 1884) to prevent fraud 
jmpn the water revenues of the District of Columbia; which wa« 
"«?ad twice by its title, and referred to the Committee on the 
District of Columbia. 

He also introduced a bill (S. 1885) to amend an act entitled 
''An act relating to tax sales and taxes in the District of Colum- 
jjfria; " which was read twice by its title, and, with the accompa- 
' nying papers, referred to the Committee on the District of Co- 
lumbia. 

He also introduced abill (S. 188<i) to authorize theCommission- 
rs of the District of Columbia to grant pardons and respites in 
ertain cases; which was read twice by its title, and, with the ac- 
companying papers, reteri-ed to the Coiumitteeon the District of 
Columbia. 

Mr. SAWYER introduced a bill (S. 1887) for the relief of Cath- 
arine Brennan; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Military Af- 
fairs. 

IVIr. GEORGE introduced a bill fS. 1888) for the relief of .Tohn 
C. Bailey, of Marshall County, Miss. . for stores and supplies taken 
from him by the military forces of the United States during the. 
war for thesupjjression "of the rebellion, as foviiid by the Coui't of 
C'laims: which was road twice by its title, and i-eferred to the 
Committee on Claims. 

He also introduced a bill (S. 1889) for the relief of John C. Bai- 
ley, administrator of Andrew Nichols, deceased, late of Marshall 
County, Miss., for stores and supplies taken and used by the United 
States' Army, as reported by the Court of Claims: which wav rea<-t 
twice by its"title, and referred to the Committee on Claims. 

He also introduced a bill (S. 1890) for the relief of Henry C. 
Nichols, of Marshall County Miss., for a claim for stores and sup. 
plies taken and used by the" United States Army, as reported by 
the Court of Claims u'nder the provisions of the Bowman act: 
which was read twice by its title, and referred to the Committee 
on Claims. 

He also introduced a bill (S. 1891) for the relief of Samuel Col- 
lins; which was read twice by its title, and referred to the Com- 
mittee on Claims. 

He also introduced a bill (S. 1892)forthe relief of the legal rep- 
resentatives of William D. Wilson: which was read twice by its 
title, and referred to the Committee on Claims. 

Ilealso introduced a bill (S. 1893) for the relief of Audley C. 
Britton: which was read twice by its title, and referred to the 
Committee on Claims. 

He also (by request) introduced a bill (S.1894) for the relief of 
Josaphine Harris; which was read twice by its title, and referred 
to the Committee on Claims. 

He also introduced a bill (S. 1895) for the relief of Louisa Q. 
Lovell and others; which was read twice by its title, and refei-red 
to the Committee on Claims. 

Mr. JONES of Arkansas introduced a bill (S. 1896) to repeal an 
act entitled "An act to authorize the Denison and Washita Val- 
ley Railway Company to construct and operate a railway through 
the Indian'Territory, and for other purposes," approved July 1, 
1886; which was rea'd twice by its title, and referred to the Com- 
mittee on Indian Affairs. 

Ho also introduced a bill (S. 1897) to repeal an act entitled ''An 
act granting the right of way to the Sherman and Northwestern 
Railway Company through the Indian Territory, and for othei- 



1892. 



CONGEESSIONAL RECOED— SENATE. 



573 



bia and to transfer their respective duties to the clerk of the su- 
preme court for said District; which was read twice by its title, 
and referred to the Committee on the District of Columbia. 

Mr. BLACKBURN introduced a bUl(S. 1902) for the benefit of 
J. C. Rudd; which was read twice by its title, and referred to 
the Committee on Claims. 

Mr. GEORGE (by request) introduced a bill (S. 1903) for the 
increase of pension of Mrs. Hannah Rogers; which was read twice 
by its title, and referred to the Committee on Pensions. 

Mr. BATE introduced a bill (S. 1904) for the relief of Mrs. 
Clementine H. Holman; which was read twice by its title, and 
referred to 'the Committee on Claims. 

Mr. CALL introduced a bill (S. 1905) for the relief of Mrs. Mar- 
garet T. Dugan; which was read twice by its title, and referred 
to the Committee on Claims. 

Mr. SHERMAN introduced a bill (S. 1906) granting an increase 
of pension to Esau Rice; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. DAVIS (by request) introduced a bill (S. 1907) to amend 
section 3 of the act approved June 27, 1890, granting pensions to 
soldiers and sailors; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Ho also (by request) introduced a bill (S. 1908) respecting pen- 
sions to soldiers who are or may become inmates of the Govern- 
ment hospital or hospitals for the insane in the District of Co- 
lumbia; which was read twice by its title, and referred to the 
Committee on Pensions. 

He also (by request) introduced a bill (S. 1909) authorizing the 
Secretary of the Interior to secure reimljursement on account of 
fraudulent, illegal, or excessive payments of pension money; 
which was read twice by its title, and referred to the Committee 
on Pensions. 

He also (by request) introduced a hill (S. 1910) to amend an act 
entitled "An act to increase thepensionsof certain soldiers and 
sailors who are totally helpless from injuries received or from dis- 
eases contracted in the service of the United States," approved 
March 4, 1890; which was read twice by its title, and referred 
to the Committee on Pensions. 

He also (by request) introduced a bill (S. 1911) to remove the 
disability of those who, having participated in the rebellion, have 
since its termination enlisted in the United States Navy and be- 
come disabled in the line of duty; which was read twice by its 
title, and referred to the Committee on Pensions. 

Mr. SANDERS introduced a bill (S. 1912) granting a right of 
way through the Fort Missoula military reservation in the State 
of Montana; which was read twice by its title, and referred to 
the Committee on Military Affairs. 

Mr. STOCKBRIDGE introduced a bill (S. 1913) to increase the 
salary of the assistant and chief clerk of the Supervising Archi- 
tect, Treasury Department; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee on 
Appropriations . 

Mr. PADDOCK (by request) introduced a bill (S. 1914) for the 
relief of Mrs. Clara Morris; which was read twice by its title, and 
referred to the Committee on Claims. 

Mr. QUAY introduced a bill (S. 1915) to provide for the pur- 
chase of a site and the erection of a public building thereon at 
KcKeesport, in the State of Pennsylvania; which was read twice 
by its title, and, with the accompanying papers, referred to the 
Committee on Public Buildings and Grounds. 

He also introduced a bill (S. 1916) to provide for the erection 
of a public building at Washington, Pa.; which was read twice 
by its title, and, with the accompanying papers, referred to the 
Committee on Public Buildings and Grounds. 

He also introduced a bill (S. 1917) for the relief of David T. 
Hayton; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Military Affairs. 

He also introduced a bill (S. 1918) granting an increase of pen- 
sion to George Parker; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

He also inti-oduced a bill (S. 1919) granting an increase of pen- 
sion to Jonas Doering; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. HISCOCK introduced a bill (S. 1920) for the relief of the 
legal representatives of Orsemus B. Boyd; which was read twice 
by its title, and referred to the Committee on Militai-y Affairs. 

He also introduced a bill (S. 1921) respecting the reckoning of 
time throughout the United States; which was read twice by its 
title, and referred to the Committee on the Judiciarv. 

Mr. SAWYER introduced a bill (S. 1922) to promote the effi- 
ciency of the Revenue Cutter Service; which was read twice by 
its title, and referred to the Committee on Naval Affairs. 

Mr. STEWART introduced a bill (S. 1923) to amend an act en- 
titled "An act to provide for the adjudication and payment of 



claims arising from Indian depredations," approved March 3, 
1891; which was read twice by its title, and referred to the Se- 
lect Committee on Indian Depredations. 

Mr. HAWLEY introduced a bill (S. 1924) granting a pension 
to Hetty A. Hasson; which was i-ead twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. DANIEL introduced a bill (S. 1925) toprovidofor theerec- 
tion of a post-ofBce building at Fortress Monroe, Va.; which was 
read twice by its title, and, with the accompanying papers, re- 
ferred to the Committee on Public Buildings and Grounds. 

Mr. BLODGETT introduced a bill (S. 1920) to provide for the 
construction of a public building in Bridgeton, N. J.; which was 
read twice by its title, and referred to the Committee on Public 
Buildings and Grounds. 

He also introduced a bill (S. 1927) granting a pension to Mar- 
garet Henry; which was read twice by its title, and referred to 
the Committee on Pensions. 

Mr. BRICE introduced a bill (S. 1928) for the relief of Charles 
B. Stivers; which was read twice by its title, and referred to the 
Committee on Military Affairs. 

Mr. GIBSON of Maryland introduced a bill (S.1929) to change 
the corporate name of the National Safe Deposit Company of 
Washington; which was read twice by its title, and referred to 
the Committee on the District of Columbia. 

Mr. CAMERON introduced a bill (S. 1930) granting a pension 
to Anna Franklin; which was read twice by its title, and referred 
to the Committee on Pensions. 

Mr. MCMILLAN introduced a bill (S. 1931) to amend an act 
entitled "An act making appropriations to provide for tliac^ex- —tfH^j^ 
penses of the government of the District of Columbia for the fis- 
cal year ending June 30, 1882, and for other purposes, "approved 
March 3, 1881; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on the District 
of Columbia. 

Mr. HARRIS introduced a bill (S. 1932) for the relief of WU- 
liam H. Turley; which was read twice by its title, and referred 
to the Committee on Claims. 

Mr. CULLOM introduced a bill (S. 1933) to amend section 860 
of the Revised Statutes of the United States; which was read 
twice by its title. 

Mr. CULLOM. Before the bill is referred I desire to say that 
the purpose of the bill — and I call the attention of the chairman 
of the Committee on the .Judiciary to it — is to amend section 860 
of the Revised Statutes, which I wish to have done because of a 
recent decision of the Supreme Court in what is known as the 
Counselman case, under the interstate-commerce act. That case 
went off the docket, or it was decided against the right to require 
a witness to testify, not on account of anything that was in the 
interstate-commerce law, but because, as the court stated, section 
860 of the Revised Statutes, which has been on the statue books 
now for twenty or thirty years, is not as broad in its scope as the 
Constitution, giving immunity or security to the rights of a wit- 
ness under the Constitution. 

I ask the special attention of the committee to that provision, 
as it applies not only to prosecutions for violations of law under 
the interstate-commerce act, but in all criminal prosecutions 
under the laws of the United States; but as it has been espe- 
cially decided in a case under the interstate-commerce law, it 
affects prosecutions under that law in the future. As it is a 
general provision that I think ought to be considered by the Judi- 
ciary Committee, I introduce the bill and move that it be referred 
to thatcommittee instead of to the Committee on Interstate Com- 
merce, of which I am chairman. 

Mr. CHANDLER. I should like to ask the Senator from Illi- 
nois a question. I ask whether the decision that this witness 
was not bound to testify was made upon any clause of the inter- 
state-commerce law or upon another and a different statute. 

Mr. CULLOM. I have stated that the decision went off upon 
a construction of section 860 of the Revised Statutes, which has 
been upon the books now, I think, since 1868. It is not \mder 
any pi'ovision of the interstate-commerce act at all. 

J^Ir. CHANDLER. So that the idea that has prevailed, that it 
was only found in the interstate-commerce law, is an incorrect one. 

Mr. CULLOM. It is entirely incorreetif any such idea as that 
has prevailed. 

I move that the bill be referred to the Committee on the Judi- 
ciary. 

The motion was agreed to. 

Mr. GORMAN introduced a joint resolution (S. R. 35) provid- 
ing for the purchase of historical manuscripts relating to the 
District of Columbia; which was read twice by its title, and re- 
ferred to the Committee on the Library. 

SAL.\RIES OF POSTiL\STEKS. 

Mr. CARLISLE. I offer a resolution and ask that it may lie 
over; I shall call it up at some future time. 



574 



CONGRESSIONAL RECORD— SENATE. 



Jais^uaey 27, 



The resolution was read, and ordered to lie on the table, as 
follows: 

Sesolved, That the Postmaster-General be, and he hereby is, directed to re- 
port to the Senate at the earliest date practicable all deficiencies of not less 
than 10 per cent In amount In the paid salaries of third, fourth, and fifth class 
postmasters, in claims presented to the Postmaster-General within the time 
limited by the act of March 3, 1883 (23 Stat., 487), Irom the States of Alabama, 
Arkansas, Kansas, Kentuclty, and Illinois. Such report to state, from exist- 
ing entries on Department form 1224 A, as to each and eveiT such deficiency 
within each and every biennial term between July 1, 1864, and July 1, 1874, in 
regular order, the name of the iiost-ofilce, the name of the postmaster, the 
Jjienuial or fractional biennial term \vithln which the deficiency exists, the 
amount of the postmaster's salai-y ascertained by the act of June 23, 1851 (10 
Stat., 298), upon the quart«rly returns within the biennial term specified, the 
amount of the office salary received by such postmaster for the specified bi- 
ennial or fractional biennial term, and the amoimt of the deficiency between 
the salary received and the salary thus ascertained within such biennial or 
fractional biennial term specified. The total amovmt of such deficiencies of 
salaries of postmasters in each of said States to be also stated, and a copy of 
Department letter, form 1223, published by the Postmaster-General in 1SS4 
and the years following, declaratory ot the title of such postmasters to pay- 
ment of the deficiencies in salaries herein described by virtue of section 8 of 
the act ot June 13, 1866 (14 Stat., 59), and the said act of March 3, 1883. 

PURCHASE OF MADISON COLLECTION. 

Mr. GORMAN submitted the following resolution; which was 
referred to the Committee on the Library: 

Mesolved, That the Committee on the Library be, and they are hereby, di- 
rected to inquire and report to the Senate whether it is .advisable for the 
Government to piu'chase a certain collection ot autographs and historical 
papers now in the possession of the executors of James C. McGuire, formerly 
ol Washington City, D. C, and Imownas the Madison collection. 

AFFAIRS IN ALASKA. 

Mr. PLATT submitted the following resolution; which was re- 
ferred to the Committee to Audit and Control the Contingent 
Expenses of the Senate: 

Jiesolved, That the Committee on Territories, or any subcommittee thereof, 
is hereby authorized and instructed to institute and conduct an investiga- 
tion and inquiry into the resources of the district ot Alaska; the character, 
occupations, and social condition ot its inhabitants, white, Indian, and ot 
mixed blood; its form and system of government; whether the same is 
adapted to the present and prospective development ot the district; Its laws, 
and whether they are enforced or allowed to be violated; what other or 
further legislation is necessary tor the better government and needs of the 
said district and tor the protection and well-being ot its people; and any and 
aU matters relating to the civil administration and future welfare of the 
people ot Alaska. 

Such committee shall have power to send tor persons and papers, and to 
employ a stenographer; and shall malte report with recommendations as to 
future legislation. 

The necessary expenses consequent upon such inquiry and investigation 
shall be paid out ot the contingent fund of the Senate when certified by the 
chairman ot the committee and audited and allowed by the Committee to 
Audit and Control the Contingent Expenses of the Senate. 

DIPLOMATIC CORRESPONDENCE WITH CHINA. 

Mr. HOAR. If no other resolutions are to be introduced this 
morning, I move that the Senate proceed to the consideration of 
the resolution reported from the Committee on Privileges and 
Elections on the 25th of January in regard to the seat held by 
Mr. Chilton from the State of Texas. 

Mr. MORGAN. I have a resolution that I desire to offer, and 
I ask for its immediate consideration. 

Mr. HOAR. Very well. 

The VICE-PRESIDENT. The resolution submitted by the 
Senator from Alabama will bo read. 

The resolution was read, as follows: 

Jiesolved, That the Secretary of State is directed to send tothe Senate copies 
ot the correspondence had with the Chinese Government relating to the non- 
acceptance of Hon. Henry W. Blair as minister ot the United States to China. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the resolution? The Chair hears none, and the 
question is on agreeing to the same. 

Mr. HOAR. I should like to inquii-e of the Senator from Ala- 
bama if it is usual to direct the Secretary of State absolutely to 
communicate correspondence with foreign governments. It 
seems to me the resolution should go to the President, and he 
should communicate the information, if not, in his judgment, in- 
compatible with the public interest. 

Mr. MORGAN. We have sent a great many such resolutions 
to the Secretary of State. The rule is that the correspondence 
of the State Department with any foreign government upon any 
subject is considered secret until that Department chooses to pub- 
lish it or until Congress calls for it. There is no question here 
as to whether itis proper, in consideration of the public interests, 
that this information should come to the Senate, for the trans- 
action is completed; it has passed some time ago. 

My object in seeking the information is merely to find out what 
the action of our Government was when objection was interposed 
by China to the admission or acceptance of Mr. Blair as minister 
to that country. Mr. Blair did not go to that country. I am in- 
formed he did not go because China objected to his going. He 
was therefore not persona grata to the Chinese Government; and 
I want to know the reasons that Government asserted against 
him, and what action our Government took upon that suggestion 
on the part of the Chinese Grovernment. 



So far as Mr. Blair is concerned I think I am at liberty to say 
here that he was confirmed instantly upon his name being pre- 
sented to the Senate by the unanimous vote of this body very 
cordially given, and so far as the Senate of the United States is 
concerned there could not have been a stronger affirmation of his 
fitness to represent this Government in China or anywhere else 
than we gave. So I think the Senate must have been greatly 
surprised to find that the foreign government interposed an ob- 
jection. The matter lingered along for some time, and Mr. Blair, 
feeling that it was due to his own personal dignity, resigned the 
position, but not until China had declined i^eremptorily or pos- 
itively to accept him. 

Now, it becomes a matter of important inquiry, in view of ques- 
tions that are presented for public consideration, as to what is 
the established line of procedure on the part of the Government 
of the United States when it is notified that a gentleman of such 
high reputation amongst us has been commissioned to China and 
that he has been rejected by that Government. I merely desire 
to get at the precedent and the practice of our Government upon 
that subject, which without the assistance of this resolution I can 
not get. 

There is certainly no matter connected with the diplomatic 
service of the country or with any current question or any future 
question between ourselves and China that would make it neces- 
sary for us to appeal to the President and say to him that unless 
the public good otherwise requires he should send in the corre- 
spondence; but it has been the uniform practice of the Senate, as 
I think the Senator must remember, to call upon the Department 
of State for any information that appears in the records of that 
Department on any completed transaction. 

Mr. HOAR. I do not yield to the Senator from Alabama or to 
any other Senator in the matter of kindliest feeling towards the 
late Senator from New Hampshire. I suppose what the Senator 
says may very likely be true, that the transaction to which he 
alludes is acompleted one; butstill it seems very clear to my mind 
that the uniform method of obtaining such information would be 
by request to the President to communicate it if in his judgment 
it be not inconsistent with the public interest. 

The Senator thinks that the resolution merely calls for a cor- 
respondence completed. There maybe,for aughtweknow, some- 
thing in the correspondence affecting this question which our Gov- 
ernment might desire to give an opportunity to China to with- 
draw or to reconsider before it shall be made public. Perhaps 
the attitude of China may yet be changed, and a publication of 
what has been already said by her representative would interfere 
with that possibility. 

So it seems to me that always, where a matter not of domestic 
but of foreign concern has been the subject of a correspondence 
with a foreign government the Senate should pursue the course 
of making the request to the President. It would come undoubt- 
edly to the same thing, if the Senator be right, as I presume he 
is, and I suggest to him to modify his resolution in that respect. 
Otherwise I shall be compelled to object to it and ask to have it 
go over. 

Mr. MORGAN. I would very cheerfully accept the proposi- 
tion of the Senator from Massachusetts but for the fact that it 
reverses in my recollection the entire action of the Senate. I 
dislike to oppose myself to such eminent authority upon a mat- 
ter of this kind, but I am very clear in the statement that we arc 
commonly in the habit in respect of closed iTansactions, of past 
transactions not now the subject of diplomatic intercourse, to call 
upon the Secretary of State and to direct him to send in the 
papers. I think that is the imiform practice as to closed trans- 
actions. I remember that when the great fisheries controversy 
was before the Senate we did not hesitate to demand of the Secre- 
tary of State the sending in of papers relating to that transaction, 
although the correspondence about it was then very recently 
closed. 

I would modify the resolution merely to gratify the Senator 
from Massachusetts, but I do not think the objection is tenable. 
I would rather that it shoidd go over and give me an opportunity 
to satisfy the Senator by a great many examples, some of which I 
dare say he is the author of himself, that we have acted unif ormlj- 
upon the line of proceeding suggested in the resolution. 

Mr. HOAR. I move to refer the resolution to the Committee 
on Foreign Relations, and then, if that committee find that it is 
in accordance with precedents, of which committee the Senator 
from Alabama is a member, they can report it back to the Senate, 
and it can be passed. 

Mr. MORGAN. It is not a question to go to the Committee on 
Foreign Relations. It is a question as to how the Senate shall 
get the information by a formal resolution. 

Mr. HOAR. I enter that motion, and shall insist on it. 

Mr. MORGAN. I have not any doubt that the Committee on 
Foreign Relations would be just as anxious as I am to know what 
the precedent is in regard to the Chinese matter. It is some- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



609 



Also, thirty petitions from Pennsylvania, for the same pur- 
pose — to the Committee on Agriculture. 

By Mr. HAUGEN:- Petition of James Murphrey and others, of 
St. Croix County, Wis., in favor of free bimetallic coinage — to 
the Committee on Coinage, Weights, and Measures. 

By Mr. HITT: Petition of National Woman's Christian Tem- 
perance Union, asking that no exposition for which appropria- 
tions are made by Congress shall be opened on Sunday — to the 
Select Committee on the Columbian Exposition. 

By Mr. HOAR: Petition to accompany House bill 4808, for re- 
lief of James H. Willey— to the Committee on Invalid Pensions. 

By Mr. HOOKER of Mississippi: Papers to accompany House 
bill 4709,for relief of D.K. Eggleston— to the Committee on Claims. 

By ^Ir. HOPKINS of Pennsylvania: Eleven petitions of citi- 
zens of the State of Pennsylvania, praying for the enactment of 
a law by Congress subjecting olemargarino to the provisions of 
the laws of the several States — to the Committee on Agriculture. 

By Mr. HULL: Petition of John McCudden and 11 others, of 
Warren County, Iowa, for the passage of the Conger lard bill — to 
the Committee on Agriculture. 

By Mr. JOHNSON of North Dakota: Petitions of the National 
Woman's Christian Temperance Union, asking that no exposi- 
tion or exhibition for which appropriations are made by Congress 
shall be opened on Sunday — to the Select Committee on the Co- 
lumbian Exposition. 

By ISIr. KENDALL: Petition of Mrs. Mary Stoner, of Mont- 
gomei-y County, Ky., to accompany House bill 4814 — to the Com- 
mittee on Claims. " 

By Mr. McCLELLAN: Petition of Samuel Bacon and 26 others, 
of Jefferson Township, Allen County, Ind., that free delivery of 
all mail matter be extended to every post-oiiice in the settled por- 
tion of the counti-y , with free collection of letters — to the Commit- 
tee on the Post-Office and Post-Roads. 

By Mr. M ANSUR: Petition to accompany House bill 4725, ask- 
ing for pension by special act for Mrs. Benjamin F. Meyer — to 
the Committee on Invalid Pensions. 

By Mr. MARTIN: Affidavit of claimant to accompany House 
bill 3793, for relief of Philip H. Carr— to the Committee on In- 
valid Pensions. 

By Mr. MEREDITH: Petition of Jesse Owings, for himself and 
the estate of Ann E. Harper, lato of Alexandria County, Va.. 
praying that their war claim may be referred to the Court of 
Claims under the provisions of the Bowman act — to the Com- 
mittee on War Claims. 

Mr. O'NEILL of Pennsylvania: Protest of the Pennsylvania 
Synod of the Presbyterian Church against opening the World's 
Columbian Exposition on the Sabbath— to the Select Committee 
on the Columbian Exposition. 

By Mr. PATTON: Papers and documents to accompany House 
bill 4734, for the relief of Samuel Horner, late a private of Com- 
pany E, Ninth Indiana Volunteers — to the Committee on Military 
Affairs. 

By Mr. PARRETT: Petition of Humphrey Bullock, pi-esident, 
and C. Herin, secretary, of Assembly No. 31, Farmers' Mutual 
Benefit Association, of Warrick County, Ind., in favor of the pas- 
sage of House bill 5353 of the Fifty-first Congress, known as the 
bill defining options and futures— to the Committee on Agricul- 
ture. 

Also, petition in favor of a revenue tax on compound lard as 
provided in the bill known as the Conger lard bill — to the Com- 
mittee on Agriculture. 

Also, petition of sundry churches of Princeton, Ind., compris- 
ing 975 members, against opening the World's Columbian Fair on 
Sunday — to the Select Committee on the Columbian Exposition. 

By Mr. PEEL: Petition of John P. Jackson to accompany House 
bill 4740, for a pension — to the Committee on Invalid Pensions. 

ByMr.POWERS: Petitionof President Brainard, Middlebury 
College, Vermont, and others, praying that the metric system 
of weights and measures be exclusively used in the customs serv- 
ice of the United States — to the Committee on Coinage, Weights, 
and Measures. 

By Mr. REED: Papers to accompany House bill 4569 giving 
list of vessels wrecked at Cape Porpoise, Maine, from 1868 to 
1888 — to the Committee on Interstate and Foreign Commerce. 

Also, papers in the claim of Geo. A. Emery, of Portland, Me., 
to accompany House bill 4824 — to the Committee on Military 

By Mr. REILLY: Petition of E. D. Chaffer, of Orwell, Pa., 
and of 62 other citizens, praying for the enactment of a law by 
Congress subjecting oleomargarine to the provisions of the laws 
of the several States — to the Committee on Agriculture. 

By Mr. REYBURN: Eleven petitions of citizens of Pennsyl- 
vania, praying for the enactment of a law by Congress subject- 
ing oleomargarine to the provisions of the laws of the several 
States — to the Committee on Agriculture. 



By !Mr. STEVENS: Paper in the matterof the military record 
of Henry H. Baily, former member of Company H, First Mas- 
sachusetts Heavy Artillery — to the Committee on Military Af- 
fairs. 

By Mr. SHONK!: Four petitions of citizens of the State of 
Pennsylvania, praying for the enactment of a law by Congress 
subjecting oleomargarine to the provisions of the laws of the sev- 
eral States — to the Committee on Agriculture. 

By Mr. STEWART of Pennsylvania: Fourteen petitions of 
citizens of the State of Pennsylvania, praying for the enactment 
of a law by Congress subjecting oleomargarine to the provisions 
of the laws of the several States — to the Committee on Agricul- 
ture. 

By Mr. SPERRY: Papers in the matter of application for pen- 
sion for Jane E. Anderson, of Windsor Locks, Conn., daughter of 
William C. Anderson — to the Committee on Pensions. 

By Mr. WILLIAMS of Illinois: Claim of Elias Cleveland, 
Company K, Eighty-seventh Illinois Infantry, for special act of 
Congress — to the Committee on Invalid Pensions. 

Also, petition and affidavit of S. S. Brills, Ridgway, Gallatin 
County, 111. — to the Committee on Invalid Pensions. 

Also, claim of Patrick Smith, with affidavit and account — to 
the Committee on War Claims. 

Also, paper to accompany House bill 4770 — to the Committee 
on Pensions. 

By Mr. WARWICK: Petitionof citizens of Canton, Ohio, that 
the pay of letter-carriers may be equalized — to the Committee on 
Post-dffices and Post-Roads. 



SENATE. 

Thursday, January 28, 1892. 

Prayer by the Chaplain, Rev. J. G. Butlek, D. D. 

The Journal of yesterday's proceedings was read and approved. 

HOUSE BILLS REFERRED. 

The bill (H. R. 217) to amend an act entitled "An act for the 
construction of a railroad and wagon bridge across the Missis- 
sippi River at South St. Paul, Minn.," approved April 26, 1890, 
\vas read twice by its title, and referred to the Committee on 
Commerce. 

The bill (H. R. 2785) to amend an act entitled ''An act to amend 
the general incorporation law of the District of Columbia,'' ap- 
proved May 17, 1882, was read twice by its title, and referred to 
the Committee on the District of Columbia. 

BRIGHTWOOD RAILWAY COMPANY. 

The VICE-PRESIDENT laid before the Senate a communica- 
tion from the Commissioners of the District of Columbia, trans- 
mitting, in response to a i-esolution of the 18th instant, certain 
information in regard to the Brightwood Railway Company; 
which, with the accompanying papers, was referred to the Com- 
mittee on the District of Columbia, and ordered to be printed. 

PETITION AND MEMORIALS. 

The VICE-PRESIDENT presented a resolution of the Cham- 
ber of Commerce of the State of New York, reaffirming its opinion 
favoring the transfer of the Revenue Marine Service to the Navy 
Department; which was referred to the Committee on Naval Af- 
fairs. 

Ho also presented a memorial of the New Orleans (La.) Cotton 
Exchange, remonstrating against the passage of the Washburn 
bill defining options and futui-es and imposing special taxes on 
dealers therein; which was referred to the Committee on the 
Judiciary. 

He also presented a petition signed by Samuel W. Smallwood, 
president of the Cotton and Grain Exchange of New Berne, N. 
('., and sundry merchants, shipowners, and others, praying for 
the passage of the bUl to transfer the Revenue Cutter Service from 
the Treasury to the Navy Department; which was referred to the 
Committee on Naval Affairs. 

Mr. PASCO presented a petition of theChamber of Commerce 
of Pensacola, Fla., praying for the transfer of the Revenue Ma- 
rino Service from the Treasury to the Navy Department: which 
was referred to the Committee on Naval Affairs. 

He also presented a petition of Wright Carlton and 20 other 
citizens of Nocatee. De Soto County, Fla.; the petition of D. T. 
Carlton and other citizens of Arcadia, Do Soto County, Fla.; th« 
petition of M. F. Mizell and 6 other citizens of Pine Level, De 
Soto County, Fla.; the petition of I. A. Silcox and 25 other citi- 
zens of De Soto County, Fla.. and the petition of W. A. Scmmcs 
and 11 other citizens of Lee County, Fla., praying that the town 
of Trabue {Punta Gorda), Fla., be made a port of entry; winch 
were referred to the Committee on Commerce. 



XXIII- 



-39 



610 



CONGRESSIONAL EECORD— SENATE. 



jAl!fUAEY 28, 



Mr. SHERMAN presented a petition of 72 citizens, 2 churches, 
and 1 society, and a petition containing 1G3 individual signatures 
and 900 represented indorsements of citizens of Ohio, praying 
that no exposition or exhibition for which an appropriation is 
made by Congress be opened on Sunday; which were referred to 
the Committee on the Quadro-Centennial (Select). 

He also presented a memorial of citizens of College Township, 
Knox County, Ohio, remonstrating against the passage of the bill 
for the removal of Ute Indians from their present reservation in 
Colorado; which was referred to the Committee on Indian Affairs. 

Mr. McMillan presented a petitionof the National Woman's 
Christian Temperance Union of Adrian, Itlich., signed by 420 
members, praying that no exposition or exhibition for which ap- 
propriations are made by Congress shall be opened on Sunday; 
which was referred to the Committee on the Quadro-Contonnial 
(Select). 

Mr. HARRIS presented a petition of Subordinate Grange No. 
121, Patrons of Husbandry, of Hay ward County, Tenu., praying 
for the passage of abill defining options and futures and imposing 
special taxes on dealers therein; which was referred to the Com- 
mittee on the Judiciary. 

Mr. CULLOM presented a petition of John McCarty, late of 
Company A and Company B, One hundred and seventy-ninth 
Ohio Volunteer Infantry, praying that he be granted a pension; 
which was referred to the Committee on Pensions. 

He also presented a petition of citizens of Randolph County, 
111., praying for the jiassage of the Conger lard bill; which was 
referred to the Committee on Agriculture and Forestry. 

He also presented a petition of citizens of Randolph County, 
111., praying for the passage of the Butterworth antioption bill; 
which was referred to the Committee on the .Judiciary. 

Mr. PADDOCK presented a memorial of the New Orleans 
(La.) Cotton Exchange, remonstrating against the passage of the 
bill known as the Washburn bill, defining options and futures; 
which was referred to the Committee on the Judiciary. 

Mr. KYLE presented a petition of the National Woman's 
Christian Temperance Union, signed by Mrs. J. C. Bateham, 
superintendent, Mrs. M. E. Catlin, and 26 others, of Redfleld, S. 
Dak., praying that no exposition or exhibition for which appro- 
priations are made by Congress shall be opened on Sunday; which 
was referred to the Committee on the Quadro-Centennial (Select). 

Mr. PETTIGREW presented the petition of R. A. Rounse- 
ville and 17 other citizens of Kingsbury Coimty,S. Dak., and the 
petition of Henry H. Bronelle and 31 other citizens of Spencer, Mc- 
Cook County, S. Dak., praying for legislation against dealing 
in ojitions; which wei'e referred to the Committee on the Judiciary. 

He also presented a petition of R. A. Rounseville and other 
citizens of Kingsbury County, S. Dak., praying for the passage 
of the Conger lard bill; which was referred to the Committee on 
Agriculture and Forestry. 

Mr. CHILTON presented the petition of Goshen Grange, No. 
800, Patrons of Husbandry, of Henderson County, Tex., praying 
for the passage of a declaratory act concerning the forfeiture of 
certain lands of the Northern Pacific Railroad Company, on the 
company's general route from Wallula, Wash., to Portland, Ore- 
gon; which was i-eferred to the Committee on Public Lands. 

Mr. H AWLE Y presented the petition of the Centennial Board 
of Finance of the United States Centennial Commission, together 
with the draft of a bill to provide for its remaining funds and to 
end its corporate existence; which was referred to the Commit- 
tee on the Judiciary. 

Mr. PEFFER presented a petition of the National Woman's 
Christian Temperance Union, signed by Mrs. J. C. Bateham, su- 
perintendent, and 21 others, of Pomona, Kans., praying that no 
exposition or exhibition for which appropriations are made by 
Congress shall be opened on Sunday; which was referred to the 
Committee on the Quadro-Centennial (Select). 

Mr. TURPIE presented a petition of citizens of Boone County, 
Ind., praying for the passage of a bill prohibiting th(^||||^^^JA. 
options and futures; which was referred to the Comnmte^ntho 
Judiciary. 

]Mr. ALLISON presented the petition of John Christopher and 
other citizens of Story County, Iowa, praying for the passage of 
what is known as the option bill; which was referred to the Com- 
mittee on the Judiciary. 

He also presented a petition of members of the National Wo- 
man's Christian Temperauce Snion of Iowa, praying that no ex- 
position or exhibition for which aispropriations are made by 
Congress shall be opened on Sunday; which was referred to the 
Committee on the Quadro-Centennial (Select). 

He also presented the petition of George Browa and other cit- 
izens of Howard County, Iowa, praying for the passage of what 
is commonly known as the Conger lard bUl; which was referred 
to the Committee on Agriculture and Forestry. 

He also presented apotitionof 30 members of the Baptist Young 
People's Society of Christian Endeavor of Boone, Iowa, praying 



that the World's Columbian Fair be closed on Sunday; also, that 
the sale of liquors therein be prohibited, and that the artdepart- 
ment be managed according to the American standard of purity 
in art; which was referred to the Committee on the Quadro-Cen- 
tennial (Select). 

He also presented the petition of C. Flora and other citizens of 
Guthrie County, Iowa, and the petition-of A. Van Pelt and other 
citizens of Iowa, praying for the passage of what is commonly 
known as the option bill; which were referred to the Committee 
on the Judiciary. 

Mr. CAMERON presented a petition of the Young People's 
Christian Endeavor Society of Orwell, Pa., praying that the 
World's Columbian Fair be closed on Sunday; which was re- 
ferred to the Committee on the Quadro-Centennial (Select). 

Ho also presented a memorial of the Young People's Christian 
Endeavor Society of Smithfield, Pa.; a memorial of the Young 
People's Christian Endeavor Society of Troy, Pa.; and a memo- 
rial of the Young People's Christian Endeavor Society of Ulster, 
Pa., remonstrating against the exportation of liquor to Africa; 
which were ordered to lie on the table. 

Mr. PERKINS presented additional papers to accompany the 
bill (S. 1114) granting a pension to Clark Barton; which wei'e 
referred to the Committee on Pensions. 

Mr. WASHBURN presented a petition of the Farmers' Alli- 
ance of Polk County, Minn., and a petition of the Farmers' Alli- 
ance of Bear Park, Minn. , praying for the passage of what is com- 
monly known as the option bill; which were referred to the 
Committee on the .Judiciary. 

Mr. Mcpherson presented a petition of Daniel Z. Morrison 
and 69 other members of the Belleville (N. J.) Congregational 
Church, remonstrating against the opening of the Columbian 
Exposition on the Sabbath; which was referred to the Commit- 
tee on the Quadro-Centennial (Select). 

PRESIDENTIAL APPROVAL. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of his secretaries, announced that the President 
had, on the 26th instant, approved and signed the joint resolu- 
tion (S. R. 18) to fill vacancies in the Board of Regents of the 
Smithsonian Institution. 

RELATIONS WITH CHILE. 

Mr. O. L. Pruden, one of the secretaries of the President of 
the United States, communicated to the Senate sundry messages 
in writing. 

The VICE-PRESIDENT. The Chair lays before the Senate a 
message from the President of the United States, which will bo 
read. 

The Chief Clerk read the message. 

Mr. SHERMAN. I move that the message, with the accom- 
panying papers, be referred to the Committee on Foreign Rela- 
tions, and be printed. I desire to say that I suppose every mem- 
ber of the Senate heartily joins in congratulation over a hopeful 
honorable settlement to both parties of an unpleasant difference 
that has arisen between two sister Republics. 

Mr. CHANDLER. I ask the unanimous consent of the Senate 
that the communication from Mr. Egan to the Secretary of State 
be read. It is not long. 

The VICE-PRESIDENT. Is there objection? The Chair 
hears none, and the communication from the minister of the 
United States at Chile will be read. 

The Chief Clerk read Mr. Egan's dispatch, which appears in 
the House proceedings. 

The VICE-PRESIDENT. The message, with the accompany- 
ing papers, will be printed and referred to the Committee on 
Foreign Relations, if there be no objection. The Chair hears 
none. 

REPORTS OF COMMITTEES. 

Mr. CULLOM, from the Committee on Commerce, to whom 
referred the bill (S. 1681) making an appropriation for the 
construction of two United States revenue cutters for service on 
the Great Lakes, reported it without amendment, and submitted 
a report thereon. 

Mr. COCKRELL, from the Committee on Military Affairs, to 
whom was referred the bill (S. 692) authorizing the Secretary of 
War to procure and jjresent suitable medals to the survivors of 
the "forlorn-hope storming party" of Port Hudson, reported it 
without amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 422) granting an honorable discharge to Harlow Brewer, 
submitted an adverse report thereon, which was agreed to; and 
the bUl was postponed indefinitely. 

Mr. COKE, from the Committee on Commerce, to whom was 
referred the bill (S. 1295) to authorize the construction of jetties, 
piers, and breakwaters at private expense in the Gulf of Mexico, 
at the mouth of Rope's Pass in the State of Texas, reported it 
with an amendment, and submitted a report thereon. 



1892. 



coa'geessioj^al record— senate. 



611 



Mr. HAWLEY, from tlie Committee on Military Affairs, to 
whom was referred the bill (S. 552) to ameud the act approved 
IMarch 1, 1887, relating to the Hospital Corps of the Army, re- 
ijorted it without amendment, and submitted a report thereon. 

Mr. HAWLEY. The bill (S. 1417) to amend the mUitary rec- 
ord of Joseph H. ]\Ioore shows in the text thereof that ho was in 
the naval force. The Committee on Military Affairs ask to be 
excused from the further consideration of the bill and that it be 
referred to the Committee on Naval Affairs. 

The report was agreed to. 

Mr. WHITE, from the Committee on Claims, to whom was re- 
ferred the bUl (S. 43) for the relief of the personal representatives 
of Adelia Cheatham, deceased, reported it without amendment, 
and submitted a report thereon. 

]Mr. CAilERON, from the Committee on Military Affaii-s, to 
whom was referred the bill {S. 256) for the relief of Augustus 
Boyd, reported it with amendments, and submitted a report 
thereon. 

Mr. VEST, from the Committee on Commerce, to whom was 
referred the bUl (S. T6C8) to authorize and regulate the construc- 
tion of a bridge across the Kootenai River, at the town of Pry, 
county of Kootenai. Stateof Idaho, reported it with amendments. 

Mr. BLODGETT. from the Committee on Pensions, to whom 
was referred the bill (S. 1220) granting a pension to Eliza K. 
Starr, reported it with amendments, and submitted a report 
thereon. 

]\Ir. WALTHALL, from the Committee on Military Affairs, to 
whom was referred the bill (S. 113) to establish a military post 
near Little Rock, Ark., reported it with an amendment, and sub- 
mitted a report thereon. 

Mr. PALMER, from the Committee on Military Affairs, to 
whom were referred the following bills, reported adversely 
thereon, and the bills were postponed indefinitely: 

A bill (S. 1002) for relief of WiUiam C. Gilpatrick; 

A bill (S. 1510) for relief of Jacob Barr; 

A bill (S. 1065) for the relief of James R. MuUikin, late captain 
Company K, Thirty-fifth Regiment Indiana Volunteers; and 

A bill (S. 1145) for the relief of John W. Sturtevant. 

Mr. FRYE, from the Committee on Commerce, to whom was 
referred the bill (S. 1608) to make Punta Gorda, Fla., a port of 
entry, reported adversely thereon, and the bUl was postponed in- 
definitely. 

He also, from the same committee, to whom the subject was 
referred, reported a bill (S. 1956) to amend an act entitled "An 
act establishing a customs collection district in Florida, to be 
known as the collection district of Tampa, and for other pur- 
poses," approved March 1, 1889, and to make Punta Gorda a sub- 
port of entry; which was read twice by its title. 

BILLS INTKODUCED. 

]Mr. VEST introduced a bill (S. 1934) to amend an act entitled 
"An act to establish a court of private land claims, and to pro- 
vide for the settlement of private land claims in certain States 
and Territorries," approved March 3, 1891; which was read twice 
by its title, and, with the accompanying papers, referred to the 
Committee on the Judiciary. 

Mr. CULLOM introduced a bUl (S. 1935) to establish a railway 
bridge across the Illinois River, between a point at or near the 
city of Havana in Mason County, and a point on the opposite 
side of said river in Fulton County, in the State of Illinois; which 
was read twice by its title, and referred to the Committee on 
Commerce. 

He also introduced a bill (S. 1936) to recognize Elias J. Beymer 
as an enrolling officer and for relief of his widow and minor 
children; which was read twice by its title, and referred to the 
Committee on Military Affairs. 

He also introduced a bUl (S. 1937) forthe relief of James L. WU- 
liams; which was read twice by its title, and referred to the 
Committee on Military Affairs. 

He also introduced a bill (S. 1938) authorizing the restoration 
of the name of Wilbur F. Melbourne, late first lieutenant Fif- 
teenth United States Infantry, to the rolls of the Army, and pro- 
viding that he be placed on the list of retired officers; which was 
i-ead twice by its title, and referred to the Committee on MUitary 
A fffliir^ 

Mr. VANCE introduced a bUl (S. 1939) for the relief of Jos^h 
C. Hogan; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Claims. 

Mr. PUGH introduced a bill (S. 1940) for the i-elief of R. B. 
Woodson; which was read t-svioe by its title, and, with the ac- 
companying papers, referred to the Committee on Post-Offices 
and Post-Roads. 

Mr. TURPIE (by request) introduced a bUl(S. 1941) for the re- 
lief of Nimrod D. Kineaster; which was read twice by its title, 
and referred to the Committee on Claims. 

Mr. McMillan introduced a bUl(S. 1942) for the relief of the 



heirs of WUliam A. Burt, deceased; which was read twice by its 
title, and referred to the Committee on Claims. 

Mr. POWER introduced a bill (S. 1943) for the relief of WU- 
liam Flannery; which was i-ead twice by its title, and referred to 
the Committee on Claims. 

He also introduced a bill (S. 1944) for the construction and com- 
pletion of suitable school buildings for Indian industrial school 
in ISIontana; which was read twice by its title, and referred to 
the Committee on Indian Affairs. 

He also introduced a bill (S. 1945) granting to the State of Mon- 
tana 5 per centum of the net proceeds of the sales of public landfi 
in that State; which was read twice by its title, and referred to the 
Committee on Public Lands. 

He also introduced a bill (S. 1940) to amend the act of October 
2, 1888, concerning the selection of reservoir sites, etc.; which 
was read twice by its title, and referred to the Committee on 
Public Lands. 

He also introduced a bill (S. 1947) for the i-elief of John G. 
Evans; which was read twice by its title, and referred to the Com- 
mittee on Post-Offices and Post-Roads. 

Mr. PERKINS introduced a bill (S. 1948) to authorize the 
Southern Kansas RaUway Comi)any to construct and maintain a 
pipe line from the North Fork of the Canadian River, Indian 
Territory, to said railroad; which was read twice by its title, and 
referred to the Committee on Indian Affairs. 

Mr. SAWYER introduced a bill (S. 1949) to amend section 3117 
of the Revised Statutes of the United States in relation to the 
coasting trade on the Great Lakes; which was read twice by its 
title, and, with the accompanying papers, referred to the Com- 
mittee on Commerce. 

Mr. MANDERSON introduced a bUl {S. 1950) donating 20 acres 
of land from the Fort Sidney mUitary reservation, on the north- 
east corner thereof, to the city of Sidney, Nebr., for cemetery- 
purposes; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on MUitary Affairs. 
He also introduced a bUl (S. 1951) to relieve Jolm Friedlin from 
the charge of desertion; which was read twice by its title, and, 
with the accompanying papers, and referred to thcCommitto on 
MUitary Affairs. 

Mr. PASCO introduced a bill (S. 1952) to amend an act en- 
titled "An act to amend the statutes in relation to immediate 
transportation of dutiable goods, and for other purposes," ap- 
proved .June 10, A. D. 1880, by extending the privileges of the 
first and seventh sections thereof to the port of St. Augustine, 
Fla.; which was read twice by its title, and referred to the Com- 
mittee on Commerce. 

Mr. COCKRELL (by request) introduced abiU (S. 1953) for the 
relief of Capt. Ceran St. Vrain's company of New Mexico Mounted 
Volunteers; which was read twice by its title, and referred to 
the Committee on MUitary affairs. 

Mr. HAWLEY introducedabill(S.1954)fortherelief of Lewis 
D. Allen; which was read twice by its title, and referred to the 
Committee on Claims. 

Mr. MITCHELL introduced a bill (S. 1955) granting an in- 
crease of pension to Robert Steward; which was read twice by 
its title, and referred to the Committee on Pensions. 

Mr. WOLCOTT introduced a bill (S. 1957) for the relief of 
Meyer B. Haas; which was read twice by its title, and referred 
to the Committee on !MUitary Aff'airs. 

Mr. TELLER introduced a bill (S. 1958) to submit to the Court 
of Claims the title of William McGarrahan to the Rancho " Pano- 
che Grande," in the State of CalUornia, and for other purposes: 
which was read twice by its title, and referred to the Commit- 
tee on the Judiciary. 

PAPERS WITHDRAWN AND REFERRED. 
On motion of Mr. TURPIE, it was 

Ordered, That the petition and accompanying pai)er.s of Mrs. Ellen A. King, 
ol La Fayette. Ind., now on the flies of the Senate of the last Congress, In re- 
lation to the coiTectionof the military record of her late husband, Alexander 
King, be taken from the flies and referred to the Committee on Military Af- 
fairs for consideration. 

PRINTING OF SENATE BILLS. ETC. 

Mr. PEFPER. I submit the following resolution, and ask for 

its immediate consideration: 

Besohed by the Senate, That there be prmtod, in document form, one hun- 
dred copies each of the following: .Senate bills Nos. 357, 358, a'i9. l"M. and 
1269; also miscellaneous document No, 18 and Senate joint resolution No, 3-.', 
to be placed in the document room. 

Mr. MANDERSON. The resolution should be referred to the 
Committee on Printing. It is necessary that it should be referred 
under the law. 

Mr. PEPFER. Let the resolution be referred. 

The VICE-PRESIDENT. The resolution wiU be referred to 
jIli riiiiiWBjH||1'ii PrintlBg. 



612 



OONGEEHSIONAL EEOOED— SENATE. 



Jai^uary 28, 



SUBPCENAS FOR SENATE COMRnTTEES. 

Mr. HOAR submitted the following resolution; which was con- 
sidered by unanimous consent, and agreed to: 

Itf soloed, Tliat the Committee on Privileges and Elections be directed to 
prepare a proper form of subpojua for requiring the attendance of witnesses 
to be used by the Senate and the committees thereof, and to report the same 
for the information of the Senate. 

ENROLLED BILLS SIGNED. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the Speaker of the 
House had signed the following enrolled bills; and they were 
thereupon signed by the Vice-President: 

A bill (H. R. 28) to amend an act entitled "An act granting 
the i-ight of way to the Hutchison and Southern Railroad Com- 
pany through the Indian Territory;" and 

A bill (H. R. 517) providing for the completion of the allotment 
of lands to the Cheyenne and Arapahoe Indians. 

LEAVE OF ABSENCE. 

Jlr. CARLISLE. Mr. President, T ask leave of absence from 
the sittings of the Senate for one week. 

The VICE-PRESIDENT. Leave of absence will be granted 
to the Senator from Kentucky, if there be no objection. The 
Chair hears none. 

RECIPROCAL TRADE AGREEMENTS. 

]\Ir. HALE. I desire to call up the resolution submitted by 
me a few days ago for the purpose of making some remarks. I 
ask the Secretary to read the resolution. 

The VICE-PRESIDENT. The resolution will bo read. 

The Secretary read the resolution submitted by Mr. Hale on 
the 18th instant, as follows: 

Resolved. That the Secretary of State be, and is hereby, directed to send 
to the Senate, as early as is practicable, copies of all agreements made with 
other coimtries relating to an interchange of trade and commerce under the 
provisions of section 3 of an act entitled "An act to reduce the revenue and 
equalize duties on imports, and for other piu'poses," approved October 1, 1890; 
and also to furnish the Senate with all information received as to the practi- 
cal effect of such agreements. 

Mr. HALE. ]Mr. President, in the present happy subsidence 
of the war note, I hope Senators will feel that it is fitting to 
turn our attei-tion to some of the victories of peace. 

The answer to the resolution offered by me in the Senate a few 
days since, and which has just been read, will furnish the infor- 
mation called for more in detail than can be known at present; 
but I have already possessed myself of information and facts suf- 
ficient, I believe, to justify me in setting forth something of the 
history of the reciprocity movement, the helping hand it has re- 
ceived, and the delays and hinderances which have been put in 
its pathway in certain quarters, and the tangible results up to the 
present time. 

Touching this last, it must be borne in mind that the oldest 
treaty or agreement for reciprocity, under section 3 of the Mc- 
Kinley act, has been in" force but nine months, and that the 
treaties or agreements following have some of them but just 
passed into actual operation. 

The desire for extended trade, through the agency of reciproc- 
ity treaties, between the United States and her sister nations 
and dependencies of the American hemisphere, has moved in the 
minds of practical statesmen for many years. Different Admin- 
isti-ations had made essays in this direction. Cen. Garfield. 
President Arthur, and others had looked with impatience u))on 
the spectacle of a rapidly increasing trade and commerce among 
the nations of Central and South America, in which we had lit- 
tle part; but no way had been devised thi'ough which oui- trade 
with them could be augmented till near the closing days of the 
first session of the Fifty-first Congress. 

On the 2d of September. 1890. 1 called up the original recipi'oc- 
ity am':-ndment to the tariff bill, which was then under discus- 
sion, which I had introduced on the 19th of June previous, and 
which had been referred to the Committee on Finance. The 
amendment had been prepared at the State Department, and 
reads as follows: 

And the President of the United States is hereby authorized, without fur- 
ther legislation, to declare the ports of the United States free and open to all 
prodticts of any nation of the American hemisphere upon which no export 
duties nr*e imposed, whenever and so long as such nation shall admit to its 
ports, free of all national, provincial (State), municipal, and other taxes, 
flour, corn meal, and other breadstuffs, preserved meats, fish, vegetables and 
fruits, cotton-seed oil, rice, and other provisions, including all articles of 
food, lumber, funiiture. and all other articles of wood, agrictiltural imple- 
ments and machinery, mining and mechanical machinery, structtiral steel 
andiron, steel rails, locomotives, railway cars and supplies, street cars, re- 
fined petroletim. or such other products of the United States as may be agreed 
upon. 

It tmdoubtcdly covered the plan which the State Department 
had in view to attain practical reciprocity. 

The amendment gave rise to extended discussion, was care- 
fully considered in the Committee on Finance, which later in 
the session reported the reciprocity feature in what is known as 



the Aldrich amendment, which on the 9th day of September 
was adopted by the Senate and made a part of the tariff act, be- 
ing the third section of that act. 

The vote of the Senate showed that already one of the great 
national parties was found in substantial unanimity in favor of 
the scheme, while the other was arrayed in solid phalanx against 
it. That it may be seen how marked this line of difference was 
drawn I give the list of yeas and nays in the Senate upon the 
adoption of the amendment: 

YEAS— 38. 



Aldrich, 


Dolph, 


Allen, 


SI; 


Allison, 


Cameron, 


Hawley. 


Casey. 


Hiscock, 


Chandler, 


Hoar, 


CiUlom, 


lugalls. 


Davis, 


Jones, Nev. 


Dawes, 


McMillan. 


Dixon, 


Manderson. 


Bate. 


Colquitt, 


Berry, 


Daniel, 


Blackburn, 


Edmtmds, 


Blodgett, 


Evarts. 


Butler, 


Faulkner, 


Carlisle, 


Gibson, 


Cockrell, 


Gorman, 


Coke, 


Gray. 



Sherman, 

Spooner, 

Squire, 

Stewart, 

Stockbridge, 

Teller, 

Washburn, 

Wilson, Iowa. 



Vance, 
Vest, 
Voorhees, 
Walthall, 
Wilson, Md. 



Mitchell, 
Moody, 
Paddock, 
Pierce, 
Piatt, 
Plumb, 
Power, 
Quay, 
Sanders, 
Sawyer, 
NAYS— 29. 
Harris. 
Jones, Ark. 
Morgan, 
Pasco, 
Pugh, 
Ransom, 
Reagan, 
Tiu'pie, 

It is an illustration of what the world has seen for thirty years, 
that, even upon plain businesspropositions touching the common 
good of all the country, and the every-day life and prosperity of 
the people, upon which, if anywhere, there should be no party 
division, the Democratic party selects the darkness rather than 
the light for it,s standing ground. 

As some attempt has been made to show that the original reci- 
procity amendment received rude treatment at the hands of the 
Senate and that its original authors were not considered in the 
legislation of Congress, I may state here that, after the changed 
condition resulting from the repeal of nearlj' all of the sugar duty, 
the Aldrich amendment was heartily accepted by the friends of 
the original amendment in the Senate, by the Secretary of State, 
and by the President. 

The basis of the original amendment was the I'etention of the 
sugar duty till reciprocal treaties could be negotiated. When 
that basis was changed and the repeal became a fixed fact it is 
difficult to see what other plan than the Aldrich amendment could 
be devised . For one I voted most heartily for its incorporation into 
the McKinlcy bill and never had a doubt as to its beneficent 
operation. 

The people of the United States, Mr. President, broad and 
large, gave a generous welcome to the reciprocity scheme from 
the moment that it appeared in Congress, and no measure of the 
present Administration has received more hearty public support 
than this. In fact, repeated expressions of public favor were 
needed before the project found favor in certain quarters. Influ- 
ences ephemerally potential in the Republican pai-ty were ar- 
rayed against it, but all this disappeared when expressions in its 
favor came pouring in during the summer and early fall of 1890 
from boards of trade and commerce, from district and State con- 
ventions, and indeed from all the places where the people gath- 
ered together to discuss and commend the reciprocity plan. 

Attempts were made in certain quarters to show that the reci- 
procity plan was opposed to and interfered with the great doc- 
trine of protection to American labor to wftich the Republican 
party is fully committed ; but all this disappeared when it was 
seen by the people that what was comprehended in the scheme 
was an increased trade with countries that produce articles which 
we can not produce, which articles we can purchase with the 
products of our farms and mines and manufactories, which our 
southern sister nations need and which they can not produce. 
Reciprocity of this kind is in fact an aid to protection and broad- 
ens the field of the American laborer by opening new markets 
for his products to be paid for in articles which can never com- 
pete with his labor. The people all understand this, and they 
made their voice heard and their wishes known hero and in the 
Chamber at the other end of the Capitol, and, except in the Dem- 
ocratic party, open opposition was drowned and no further hos- 
tile note was heard. 

1 do not hesitate, Mr. President, in stating here and now, as 
the result of my observation, that I firmly believe that section 
3 of the AIcKinioy bill, which contains the reciprocity feature, 
is the part of the measure which has floated the whole act. and 
which kept it from being swamped by the storm which, without 
reason, broke upon it from the day of its passage. The great 
merits of other parts of the McKinley bill might have sunk un- 
der a sea of obloquy and would never have been seen and appre- 
ciated if the reciprocity clause had not kept the whole structure 
from going down. 

I come now to take up the situation -(vhich the Administration 



1892. 



CONGllESSIONAL RECOED— SENATE. 



707 



rendered under direction of the Attorney-General, reported it 
witbout amendment. 

Mr. HARRIS, from the Committee on the District of Colum- 
bia, to whom was referred the bill (S. 1105) to incorporate the 
Washington and Deanwood Railway Company in the District of 
Columbia, reported adversely thereon, and the bill was postponed 
indefinitely. 

Mr. McMillan, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (S. 1492) to authorize tli^ mmK. 

appointment of an inspector of plumbing in the District of 01^T~l'"''ry^'^' 
lumbia, and forother purposes, i-eporteditwith amendments, and 
submitted a report thereon. 

He also, from the same committee, to whom was referred the 
biU (S. 1884) to prevent fraud upon the water revenues of the Di 
trict of Columbia, reported it without amendment, and submit" 
a report thereon. 

Mr. ALLEN, from the Committee on Public Lands, to whom 
was referred the bill (S. 218) granting to the county of Clallam, 
State of Washington, certain public lands in trust, and for other 
purposes, reported it with an amendment, and submitted a report 
thereon. 

l^Ir. PASCO, from the Committee on Claims, to whom was re- 
ferred the bill (S.44) for the relief of William Clift, reported it 
without amendment, and submitted a report thereon. 

I^Ir. DOLPH. By direction of a majority of the Committee on 
Public Lands I submit a favorable i-eport on the bill (S. 622) to 
amend an act entitled "An act for the relief of certain settlerson 
the public lands and to provide for the repayment of certain fees, 
purchase money, and commissions paid on void entries of public 
lands." 

Mr. BERRY. Is that the bill in regard to refunding money 
about forfeited lands? 

Mr. DOLPH. It is. 

]\Ir. BERRY. I desire to state that there is a minority report. 
There is no written report, but I wish it to be noted that there is 
a minority of the committee who do not agree to the favorable 
report. 

Mr. DOLPH. I stated to the Senate that it is a majority re- 
port, and of course that carried the implication that a minority 
of the committee are opposed to the bill. 

Mr. BERRY. All my purpose was to have it appear on the 
Calendar that there is a minority of the committee opposed to 
the bill, that the bill might not be passed in the absence of mem- 
bers of the committee. I did not hear the statement of the Sen- 
ator from Oregon. 

The VICE-PRESIDENT. It will not appear on the Calendar 
that there is a minority opposed to the bill, as there is no writ- 
ten report by majority or minority. 

Mr. DOLPH. It is a bill that was early reported in the Sen- 
ate during the last Congress and remained on the Calendar, 
never having been considered. Sometimes it was passed over 
when reached because it was understood that the Senatorfrom Ar- 
kansas [Mr. Berky] opposed the bill and desired to be heard 
upon it, and action upon it was postponed until so late that it was 
never taken up for consideration. 

Mr. COCKRELL. I should like to suggest to the Senator from 
Arkansas that it can not appear on the Calendar that there is a 
minority report unless there is some writing filed to that effect. 

Mr. BERRY. There is no written report submitted by the 
majority, I understand, and therefore the views of the minority 
wUl not be submitted in writing. 

The VICE-PRESIDENT. The statement as to the views of 
the minority will appear in the the Record, of course. ThebUl 
will be placed on the Calendar. 

Mr. DOLPH. From the same committee I report adversely 
on the bill (S. 217) for the relief of the purchasers from the United 
States of land in even-numbered sections within the forfeited 
portions of railroad grants, and the bill (S. 733) to reimburse set- 
tlers and purchasers of even-numbered sections of public lands 
within the limits of Congressional grants in cases of forfeiture of 
odd-numbered sections. These bills are reported adversely bo- 
cause, there being three bills on the subject, the majority of the 
committee prefer the bill which has been reported favorably. 

The bills were postponed indefinitely. 

Mr. VEST, from the Committee on the Judiciary, to whom was 
referred the bill (S. 1934) to amend an act entitled "An act to 
establish a court of private land claims, and to provide for the 
settlement of private land claims in certain States and Terri- 
tories," approved March 3, 1891, asked to be discharged from its 
further consideration, and that it be referred to the Committee 
on Private Land Claims; which was agreed to. 

Mr. MANDERSON, from the Committee on Military Aflfairs, 
to whom was referred the bill {S. 621) to provide for the collec- 
tion, custody, and arrangement of the records of the American 
Revolution, reported it with amendments, and submitted a re- 
port thereon 



SENATOR PROM PLQEIDA. 
Mr. TURPIE, from the Committee on Privileges and Elections, 
to whom were referred the papers in the case of R. H. ^I. David- 
son, contestant, against Wilkinson Call, con testee, concerning the 
right to a seat in the Senate from the State of Florida, submitted 
a report expressing ' ' the opinion that Mr. Call was duly elected;" 
which was ordered to lie on the table and bo printed. 
STRICT FIRE INSURANCE COMPANIES. 

E. I am instructed by the Committee on the Dis- 
trict of Columbia, to whom was referred the bill (H. R. 2785) to 
amend an act entitled "An act to amend the general incorpora- 
tion law of the District of Columbia," ajjproved May 17, 1882, to 
rcjjoi|titpith an amendment, and to ask for its present consid- 
eratlB&jTOr the reason that the purpose of the bill is to extend 
to the corporate existence of certain fire-insurance companies 
here which are about to expire, to their great injury and the in- 
jury of their policy-holders, and to place them upon an equality 
with the foreign fire insurance corporations which do business 
in this District, and which have an unlimited existence. As it 
is necessary to incorporate an amendment in the bill, in order to 
save time and to secure to these corporations a continued exist- 
ence for the benefit of the present policy-holders, I am requested 
to ask that the bill bo considered now. 

The VICE-PRESIDENT. The bill wiU be read for informa- 
tion, subject to objection. 

The Chief Clerk read the bill; and there being no objection, 
the Senate, as in Committee of the Whole, proceeded to its con- 
sideration. 

The VICE-PRESIDENT. The amendment of the Committee 
on the District of Columbia will be stated. 

The Chief Clerk. The committee report to add a new sec- 
tion as follows: 

Sec. 3. Congress mtiy at any time alter, amend, or repeal tills act. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The amendment was ordered to be engrossed and the bill to be 
read a third time. 

The bill was read the third time, and passed. 
COURTS IN NEW HAMPSHIRE. 

Mr. WILSON. I am instructed by the Committee on the ,Iu- 
diciary, to whom was referred the bill (S. 821) to provide for a 
term of the circuit and district court at Littleton, N. H., to report 
it favorably, without amendment. 

Mr. CHANDLER. I ask for the present consideration of the 
bill. 

The VICE-PRESIDENT. The bill will be read for inform,a- 
tion. 

The Chief Clerk read the bill; and there being no objection, 
the Senate, as in Committee of the Whole, proceeded to its con- 
sideration. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

COURTS IN ARKANSAS. 

Mr. WILSON. I am directed by the Committee on the Judi- 
ciary, to whom was referred the bill (H. R. 3931) to detach Mont- 
gomery County from the western and add it to the eastern district 
of Arkansas, to report it favorably, without amendment. 

Mr. BERRY. Inasmuch as early action is necessary on account 
of the time the courts are held there, I ask that the bill just re- 
ported favorably by the Senator from Iowa be considered now. 
It is a very important measure, and there is no objection from 
any quarter to the bill. 

The VICE-PRESIDENT. The bill will be read tor iniorma- 
tion. 

The Chief Clerk read the bill; and there being no objection, 
the Senate, as in Committee of the Whole, proceeded to its con- 
sideration. 

The bUl was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

UMATILLA INDIAN RESERVATION LANDS. 

Mr. DOLPH. By direction of the Committee on Public Lands, 
to whom was referred the bill (S. 1134) for the relief of purchasers 
of lands within the limits of the Umatilla Indian Reservation, I 
report it favorably, without amendment. It is a very short bill, 
and is the unanimous report of the committee. It is a matter to 
which no one wUl object, and it is important that it should be 
acted upon at once. I ask for the immediate consideration of the 
bill. Let it be read for information. 

The VICE-PRESIDENT. The bill will be read for information. 

The Chief Clerk read the bill; and there being no objection, 
the Senate, as in Committee of the Whole, proceeded to its con- 
sideration. It provides that hereafter all necessary affidavits 



708 



C0XGRES8I0NAL RECOED— SENATE. 



Februaey 1, 



and proofs required by law of any purchaser of lauds within the 
limits of the Umatilla Indian Reservation, in the State of Oregon, 
in order to perfect his title to the lands, may be made before any 
officer qualified to take proof in homestead cases. 

The hill was reported to the Senate without amendment, or- 
dered to ha engrossed for a third reading, read the third time, 
and passed. 

BILLS INTRODUCED. 

Mr. SAWYER introduced a bill (S. 1959) to promote the effi- 
ciency of the Revenue Cutter Service; which was read twice by 
its title, and referred to the Committee on Commerce. 

Mr. tWTJLKNER (by request) introduced a bill (S. 1960) re- 
lating to the office of the recoi'der of deeds of the District of 
Columbia, and for other purposes; which was read twice by its 
title, and referred to the Committee on the District of Columbia. 

He also (by request) introduced a bill (S. 19(51) relating to the 
office of the register of wills of the District of Columbia, and for 
other purposes; which was read twice by its title, and referred to 
the Committee on the District of Columbia. 

Mr. PRYE introduced a bill (S. 1962) granting an honorable 
discharge to William Piei-ce; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Militai-y Affairs. 

Mr. WASHBURN introduced a bill (S. 1963) to incorporate the 
Yellowstone Park Company; which was read twice by its title, 
and, with the accompanying jiapers, referred to the Committee 
on Public Lands. 

Mr. ALLISON introduced a bill (S. 1964) to remove the charge 
of desertion from the military record of G. J. Shaffer; which was 
read twice by its title, and referred to the Committee on Mili- 
tary Affairs. 

Mr. CULLOM introduced a bill (S. 1965) to reimburse James 
M. Trotter, late recorder of deeds of the District of Columbia, 
for amount expended for record books of the oflice of recorder 
of deeds in said District; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on the 
District of Columbia. 

He also introduced a bill (S. 1966) granting a pension to Susan 
E. Linderman; which was read twice by its title, and, with the 
accompanying papers, i-eferi-ed to the Committee on Pensions. 

He also introduced a bill (S. 1967) granting a pension to Mrs. 
Susan Craig; which was read twice by its title, and referred to 
the Committee on Pensions. 

He also introduced a bill (S. 1968) for the relief of Dr. James 
Madison; which was read twice by its title, and referred to the 
Committee on lililitary Affairs. 

He also (by request) introduced a bill (S. 1969) to provide for 
the disbursement of money appropriated by the acts of 1874 and 
1878, making ajipropriation for the payment of workingmon who 
worked on public improvements under the late board of public 
works of the District of Columbia; which was read twice by its 
title, and referred to the Committee on the Districtof Columbia. 

Mr. H AWLE Y introduced a hill (S. 1970) for the relief of Daniel 
C. Rodman and others, sureties on the bond of Ozias Morgan; 
which was read twice by its title, and referred to the Committee 
on Claims. 

Mr. SHERMAN introduced a bill (S. 1971) providing for the 
appointment of representatives from the United States to the Co- 
lumbian Historical Exposition at Madrid in 1892; which was read 
twice by its title, and referred to the Committee on Foreign Re- 
lations. 

He also inti-oduced a bill (S. 1972) granting a pension to Fred- 
erick Robertson; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Pensions. 

He also introduced a hill (S. 1973) granting a pension to Mary 
Ann Beasley; which was read twice by its title, and, with the ac- 
companying papei's, i-eferred to the Committee on Pensions. 

He also introduced a bill (S. 1974) granting a pension to Harvey 
Evans; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Pensions. 

Mr. PETTIGREW introduced a bill (S. 1975) for the protec- 
tionof livery-stable-keepers and other persons keeping horsesat 
livery within the Districtof Columbia; which was read twice by 
its title, and referred to the Committee on the District of Co- 
lumbia. 

Mr. DAVIS (by request) introduced a bill (S. 1976) for the re- 
lief of Charles Banzhat; which was read twice by its title, and 
referred to the Committee on Military Affairs. 

Mr. PEFPER introduced a bill (S.'l977) to amend an act en- 
titled "An act to provide additional regulations for homestead 
and preemption entries of public lands," approved March 3, 
1879; which was read twice by its title, and referred to the Com- 
mittee on Public Lands. 

Mr. PELTON introduced a bill (S. 1978) to provide additional 
artillery for the National Guard; which was read twice by its 
title, and referred to the Committee on Military Affairs. 



He also introduced a bill (S. 1979) to provide for the examina- 
tion and survey for the improvement of navigable slough and 
the harbor thereof in the Bay of San Francisco, California; which 
was read twice by its title, and referred to the Committee on 
Commerce. 

Mr. CAMERON introduced a bill (S. 1980) to increase the pen- 
sion of Mary A. Roder; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. DOLPH introduced a bill (S. 1981) for the relief of B. F. 
Dowell; which was read twice by its title, and referred to the 
Committee on Claims. 

He also introduced a bill (S. 1982) for the relief of Avery D. 
Babcock and wife, of Oregon; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Claims. 

Mr. CHANDLER introduced a bill (S. 1983) to provide for the 
purchase of a site and the erection of a public building thereon 
at Exeter, in the State of New Hampshire; which was read twice 
by its title, and referred to the Committee on Public Buildings 
and Grounds. 

Mr. COCKRELL introduced a bill (S. 1984) to amend an act 
entitled ''An act to provide for the adjudication and payment of 
elaimsarising from Indian depredations," approved March 3, 1891; 
which was read twice by its title, and referred to the Select 
Committtee on Indian Depredations. 

Mr. VANCE introduced a bill (S. 1985) for the relief of T. W. 
Knight, administrator of R. B. Knight; which was read twice by 
its title, and referi'ed to the Committee on Naval Affairs. 

Mr. KYLE introduced a bill (S. 1986) to authorize the erec- 
tion of post-office buildings, and for other purposes; which was 
read twice by its title, and referred to the Committee on Public 
Buildings and Grounds. 

Mr. WALTHALL introduced a bill (S. 1987) for the relief of 
Samuel Collins; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Claims. 

Mr. WILSON introduced a bill (S. 1988) to amend sections 
2139, 2140, and 2141 of the Revised Statutes of the United States; 
which was read twice by its title, and referred to the Committee 
on the Judiciary. 

Ho also (by request) introduced a bill (S. 1989) for the redemp- 
tion of the outstanding certificates of the board of audit of tho 
District of Columbia, and of sewerage certificates authorized by 
the Legislative Assembly; which was read twice by its title, and 
referred to the Committee on the District of Columbia. 

Mr. BUTLER introduced a bill (S. 1990) for the relief of Henry 
E. Young, administratorof Thomas Aston Coffin, deceased; which 
was read twice by its title, and referred to the Committee on 
Claims. 

Mr. GIBSON of Louisiana introduced a bill (S. 1991) granting a 
pension to Jane M. Anderson; which was read twice by its title, 
and referred to the Committee on Pensions. 

Mr. PERKINS introduced a bill (S. 1992) to reimburse the In- 
diana Miami Indians for money improperly withheld from them; 
which was read twice by its title, and referred to the Committee 
on Indian Affairs. 

Mr. PALMER. At the request of Capt. John Cowden, a citi- 
zen of Illinois, I introduce a hill. 

The bill (S. 1993) to develop and facilitate the interstate com- 
merce of the whole coimtry, and more especially that of the 
twenty-two States and two Territories which are in whole or in 
part di'ained by the Mississippi River and its tributaries, that 
has an area of 1,575,092 square miles and a present population of 
35,946,901 and a total property value of $11,874,442,264, when the 
total population of all the balance of the States and Territories 
is but26,407,966, and their total property valuation is $11. .353, 194,- ■ 
387, was read twice by its title. 

Mr. PALMER. I ask that the hill lie on the table. 

The VICE-PRESIDENT. It will be so ordered. 

Mr. DANIEL. I introduce two bills at the request of my col- 
league [Mr. Barbour], who is detained from the Senate by sick- 
ness. 

The hill (S. 1994) for the relief of .lohn H. Redman, a citizen of 
King George County, Va. , was read twice by its title, and referred 
to the Committee on Claims. 

The bill (S. 1995) for the relief of Mrs. Agnes B. Jeter was read 
twice by its title, and referred to the Committee on Claims. 

Mr. VEST introduced a bill (S. 1996) to provide for the purchase 
of a site, and the erection of a j^ublic building thereon, at Joplin. 
in the State of ]\Iissouri: which was read twice by its title, and 
referred to the Committee on Public Buildings and Grounds. 

Mr. WARREN introduced a bill (S. 1997) to increase the effi- 
ciency of the infantry, Army of the United States of Amei-ica; 
which was read twice by its title, and referred to the Committee 
on Military Affairs. 

He also introduced a bill (S. 1998) to provide for the sale of 
stone lands in Wyoming, as provided in the States of California, 
Oregon, Nevada, and Washington under chapter 151 of the Sup- 



1892. 



CONGRESSIONAL EECOIID— SENATE. 



709 



plement to the Revised Statutes of the United States; which was 
read twice by its title, and referred to the Committee on Public 
Lands. , ,. . , 

Mr. Mcpherson introduced a bill (S. 1999) for the relief of 
John G. Rose; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Naval 
A fffl.1 1'S 

Mr. MANDERSON introduced a bill (S. 2000) to increase the 
pension of Lila L. Egbert, widow of the late Capt. Augustus R. 
Egbert, United States Army; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Pensions. 

Mr. PERKINS. Early last month I had read at this desk a 
communication from our minister at Mexico, addressed to my 
late distingushed predecessor, Mr. Plumb, and it was referred 
to the Committee on Foreign Relations. I have now a joint reso- 
lution which I introduce, and there is also a communication ac- 
companying it from Hon. "William E.Curtis, of the State Depart- 
ment, which I should like to have read, to be referred with the 
joint resolution to the Committee on Foreign Relations or the 
Committee on Military Affairs; I am not certain as to which com- 
mittee the reference should be made. 

The joint resolution (S.R.36) authorizing the President to re- 
turn certain battle flags to the Republic of Mexico was read 
twice by its title. 

The VICE-PRESIDENT. The letter acc9mpanying the joint 
resolution will bo read, if there be no objection. 

The Chief Clerk read as follows: 

Bureau of the American Republics, 

Department oe State, 
Washington. V. S. A., January iS, l<i92. 

Dear Sir: Accordmg to a letter from the Secretary of War, dated January 
19, 1889 (House Executive Document No. 103. Fiftieth Congress, second ses- 
sion). It appears that there are in the museum of the United States Military 
Academy at West Point, twenty-one flags, captured by the United States 
Army in the war with Mexico. These flags were presented to the Military 
Academy by the President of the United States, December 28, 1848. 

I beg to suggest that the retiu-n of these trophies to the Govcrument of 
Mexico, as advocated by your lamented predecessor, would bo a most gener- 
ous act on the part of the United States, and I submit herewith the draft of a 
joint resolution for that pui'pose. 
Very truly, yours, 



WILLIAM E. CURTIS. 



To the Hon. Bishop W. Perkins, 

United States Senate. 



Mr. SHERMAN. I move that the joint resolution, with the 
accompanying papers, be referred to the Committee on Foreign 
Relations. 

The motion was agreed to. 

AMENDMENT TO A BILL. 

Mr. CAMERON submitted an amendment intended to be pro- 
posed by him to the agricultural appropriation bill; which was 
ordered to be printed, and, with the accompanying papers, re- 
ferred to the Committee on Agriculture and Forestry. 
PATENT OFFICE FUNDS. 

Mr. FAULKNER submitted the following resolution; which 
was considered by unanimous consent, and agreed to: 

EesoUed, That the Secretai-y of the Interior be requested to fm-nish the 
Senate, at as early a date as iiracticable, with a statement of the amotmt of 
all moneys received by the United States Patent OfBce from inventors since 
the establishment of that Bureau up to the present time; what disposition 
has been made of the same; the amount of the surplus on hand, if any, and 
how, and in what manner it Is Invested. 

POTTAWATOMIE INDIAN AGREEMENT. 

Mr. PERKINS submitted the following resolution; which was 
referred to the Committee on Indian Aftairs, and ordered to be 
printed: 

Resolved by the United States Senate, etc.. That whereas the provisions of 
the articles of agi-eement by and between the United States and the citi- 
zen band of Pottawatomie Indians residing in Oklahoma Territory and else- 
where, ratified by Congress March 3, 1891, require that large sums of money 
be paid to them in said tract of country, which is construed to mean said 
Territory of Oklahoma; and whereas many members of said band of In- 
dians reside in Kansas who through age, poverty, and sickness suffer great 
hardships by being compelled to go to said Territoi'y to receive their pay- 
ments; Therefore. 

Eesolved, That article 4 of said agreement be and the same is hereby con- 
strued so as to authorize and direct the proper ofllccrs of the Department 
the Interior to make the pajTnents as they fall due to the members ^ii/^ 
band residing in Kansas at some point in their original reservatioi^» said 
State as will accommodate the greatest number of said Indians. 

DISTRICT SEWERAGE. 

Mr. McMillan submitted the following resolution; which 
was referred to the Committee on Printing: 

Hesolvcdby (he Senate (the House of Representatives concurring). That there 
be printed 700 additional copies of the report of the Board of Sanitary Engi- 
neers of the District of Columbia upon the sewerage of the District for the 
official use of the Commissioners of the District of Columbia. 

EXECUTIVE BUSINESS. 

Mr. MORGAN. I ask for the adoption of the following order: 
Ordered, That Executive Document No. 23, Fifty-second Congress, Qrst 

session, be withdrawn from the legislative flies of the Senate and plaa^d on 

the flies of the executive clerk. 



The VICE-PRESIDENT. The order will be agreed to, if there 
be no objection. 

Mr. SHERMAN. What is the subject-matter of the document? 

IVIr. MORGAN. It is a message from the President of the 
United States relating to a claim of one of otu- citizens against 
a foreign government. It ought to be considered in executive 
ses.sion. 

Mr. SHERMAN. Very well. The order does not describe it 
at all. 

The order was agreed to. 

ENTRANCE TO YAQinNA BAY, OREGON. 

Mr. MITCHELL. I offer the following resolution simply call- 
ing for information, and I ask for its present consideration: 

Resolved, That the Secretary of War be. and he is hereby, directed to fur- 
nish for tlieuse of the Senate a copy of the report of Ma]. G. L. Gillespie, 
United States Engineers, dated DecenibiT II, 1880, with the accompanying 
report of Assistant Engineer J. S. Polhemus, to the Chief of Engineers, on 
the subject of improving the entrance to Yaquina Bay. Oregon. 

The Senate, by unanimous consent, proceeded to consider the 
resolution. 

Mr. COCKRELL. I ask if that information is not already in 
the report of the engineers? 

Mr. MITCHELL. It is not and has never been printed. That 
is the reason why I offer the resolution. 

The resolution was agreed to. 

MARRIAGE AND DIVORCE. 

Mr. KYLE. I give notice that on Wednesday next I shall ask 
the courtesy of the Senate to make some remarks upon the joint 
resolution fs. R. 29) proposing an amendment to the Constitution 
of the United States, relating to marriage and divorce. 

PUBLIC BUILDING AT RENO, NEV. 

The VICE-PRESIDENT. If there bo no further morning busi- 
ness that order is closed, and the consideration of the Calendar 
under Rule VIII is in order. 

The Senate as in Committee of the Whole resumed the eon- 
sideration of the bill (S. 56) for the erection of a public building 
at Reno, State of Nevada, the pending question being on the 
amendments reported by the Committee on Public Buildings and 
Grounds, in line 11, before the word " thousand," strike out " one 
hundred " and insert the word "seventy-five; ■' so as to make the 
amount of the apjiropriation $7"), 000. 

Mr. STEWART. During the discussion the other day I sug- 
gested that I would consent to reduce the amount of the appro- 
priation to $60,000. I think with $60,000 we might get along. I 
want to be as economical as possible in regard to it. I think it 
is very essential that we should have a public building at that 
point. We need it vei-y much. Reno is a growing town, and it 
will be imdoubtedly the largest town between Sacramento and 
Salt Lake. I move to amend the amendment of the committee 
by striking out "seventy-five'' and inserting "sixty." 

'The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. In line 11 it is proposed to strike out 
"seventy-five," before the word "thousand," which was reported 
as an amendment by the Committee on Public Buildings and 
Grounds, and insert in lieu thereof "sixty;" so as to read: 

The sum of $60,000, etc. 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

Mr. STEWART. I wish to say before the bill is passed that when 
it was undei- consideration the other day some remarks were made 
by the Senator from New Jersey [Mr. J^IcPherson] with regard 
to the largo appropriations asked for by California in the bills 
which are pending on the Calendar. I was about to remark or 
did remark then that California had been put off from time to 
time and had not received the necessary appropriations for pub- 
licjrfildings, particularly in San Francisco. Since that matter 
Jeen brought to the attention of the Senate, I think it is but 
...u- that the Senator from California [Mr. Felton] should be 
allowed to make a statement as to how California has been dealt 
with in regard to these appropriations, and I yield to him to make 
such a statement. 

Mr. FELTON. Mr. President, in this connection I desire to 
say that I listened with some attention to the remarks of the Senar 
tor from New Jersey [Mr. McPherson] the other day in refer- 
ence to the appropriations for public buildings in California, and 
it occurred to me if the facts as stated by the Senator were left 
unaccompanied by other facts relative thereto that the situation 
existing there might be misapprehended, that an impression 
might go abroad to the country and pervade the Senate that the 
State of California had been discriminated in favor of. There- 
fore I have gathered some statistics in relation to the matter 
which I desire to present to the Senate, and I apprehend that they 



710 



COJ^GRESSIONAL KECORD— SENATE. 



Februaey 1, 



■will be sufficient to prove that the statement made by the Sena- 
tor from New Jersey in relation to the State of California is not 
founded on fact. To say the least, it would bo misleading. 

I find that up to the year 1885 the appropriations for public 
buildings in the State of California amounted to $2,119,512.07. 
In the State of Illinois alone they amounted to $11,939,258.10 for 
two public buildings, and in the State of Louisiana to $4,808,- 
202.0G. It will be noted that the appropriations for Illinois for 
two public buildings were over five and a half times the amount 
of the appropriations for California, and that the appropriation 
for Louisiana of $4,808,202.00 is twice that of California. 

In Massachusetts for one building the amount appropriated 
was $5,994,083, or two and a half times the amount appropriated 
for California. In the State of New York for two buildings 
there was appropriated $19,311,507.90, over nine times that of 
California. In Philadelphia for a post-office building alone there 
was appropriated $5,191,854, or nearly two and a half times the 
amount appropriated for California. 

In the statement I have prepared will be found, in detaU, the 
various buildings for which appropriations were made, and they 
are as follows: 

Expenditures for pnhlic buildings to 18S5. 

CALIFOBNIA. 

? S839 968 13 
San Francisco appraiser's stores < 99'598]u 

San Francisco custom-house 774,aS9.75 

San Francisco marine hospital 298,790. 11 

San Francisco subtreasury 100,991.20 

2,119,740.33 

ILLINOTS. 

Chicago post-offlce - 6,064,764.10 

Custom-house alone cost 5,874,494.00 

11,939,258.10 
LOUISIANA. 

New Orleans custom-house 4,278,392.06 

Marine hospital 529,810.00 

4,808,202.06 

MASSACHUSETTS. 

Boston post-office 5,994,083.00 

NEW YORK. 

New York custom-houso 9,311,667.96 

New York post-offlce, near 10,000,000.00 

19,311,507.96 

PENHSYLVANIA. 

Philadelphia post-offlce 5,191,854.00 

At the risk of repeating myself, I will say that while the fore- 
going figures include all the appropriations for public buildings 
in California, save the United States mint, to the date named, it 
does not in the States subsequently mentioned, as there have 
been erected in them numerous buildings not specified and a num- 
ber of them involving largo expenditures of public moneys. I 
have simply used those that I deemed sufficient to demonstrate 
that there has been no discrimination in favor of California, but 
to the contrary. 

I find that the money expended in nine States, with a less mile- 
age of seacoast than that of California, on rivers and harbors, from 
1789 to 1892, amounted to $42,090,705.00; whereas in the State of 
California for all the time up to 1882 there was appropriated for 
the.se purposes $1,493,428.58, and since that time $2,305,324, 
amounting to $3,858,752.54, or loss than 10 per cent of the appro- 
priations for the States above mentioned, as will be seen by the 
following statement, which I submit: 

Money expended on rivers and harbors from 17S9 to 1S92. 

Maine, to 1882 $1,404,889.30 

Maine, to 1892 1,076,813.00 

82, 48 1, 702. 36 

Massachusetts, to 1882 2,928,779.88 

Massachusetts, to 1892 1.736,614.00 

4,665,423.88 

New Jersey, to 1882 987,496.58 

New Jersey, to 1892 1,362,188.00 

2,349,084.58 

New Yorli, to 1882 9,539,973.95 

New York, to 1892 6,579,683.00 

16,119,656.95 

Ehotle Island, to 1882 733,613.03 

Rhode Island, to 1892 851,917.00 

1,585,530.06 

Connecticut, to 1882 1,527,448.57 

Connecticut, to 1892 1,086,191.00 

, 2 613 639 57 

Delaware, to 1882 3,043,636.20 "' ' 

Delaware, to 1893 787,449.00 

3,831,085.20 

Pennsylvania, to 1882 1,067,101.30 

Pennsylvania, to 1892 2,167,674.00 

3,234,775.30 

Mai-yland, to 1882 1,485,769.70 

Maryland, to 1892 3,723,498.00 

5,209,267.70 

42,090,763.60 

California, to 1882 1,493,428.54 

California, to 1893 2,365,324.00 

3,858,7o2.54 



I find also that in the appropriations for the harbor of Galves- 
ton, in Texas, there was ai^propriated $4,008,218, or more than 
the entire appropriations for the State of California, including 
both rivers and harbors. 

Texas: Galveston Harbor (alone), $4,068,218. (More than the entire appro- 
priations lor the State of California, Including both rivers and harbors.) 

I also find that the appropriations for the Mississippi River from 
1881 to 1891 were as follows: 

Appropriations for the Mississippi Biver, 1S81-1891. 

1881 .. $960,860.03 

1882 ' 2,143,995.60 

1883 " . .- 4,420,300.65 

1884 2.517,480.79 

1885 2,831,580.73 

1880lI"....I"::ilI.M 423,563.29 

1887 . 1,460,721.64 

1688 $1,608,004.67 

1889 2,456,312.67 

1890 2,809,692.76 

1891 '. 2,804,689.00 

24,436,201.72 

Total amovmt expended during the same period on the rivers in 
California, $726,730; less than 3 per cent. 

Lujht-house appropriations made during tlia Fifty-first Congress. 

1890 $1,017,100.00 

1891 440,400.00 

1,457,500.00 

1890— Calitomia 250.00 

1891-Callfomia 30,000.00 

30, 350. 00 
Or 2.06 per cent of the total, including a seacoast of nearly 1,000 
miles. 

For fortifications and buildings for military posts for sixteen years 
ending 1S89. 

Atlantic and Missouri Divisions.- $20,501,769.37 

Paclflc Division 904,748.72 

31,496,518.09 

Per cent. 

Atlantic and Missouri 95.79 

Pacific - - 4.31 

100.00 
The area of the Pacific Division is one- third that of the United 
States, 1,291,455 square miles, and thei'e is not a protected har- 
bor in 1,400 miles of coast. 

I also find that from 1881 to 1891 California has paid into the 
Treasury of the United States nearly $118,000,000, as wUl be seen 
by the following statement. . 

2'otal receipts from customs and internal revenue paid into the United 
States Treasury from 1S81 to 1892 by the State of California. 

IS8I f9, 940, 826. 94 

I8R2 12,036,828.75 

1SS3 14,426,510.74 

1884 - 10,443,498.05 

1885 - 9,309,881,83 

IS86 8,033,961.13 

1887 -- 8,945.204.14 

1888 - 11,651,280,35 

1889 13,502,419.03 

1890 - - 10,518,309.67 

1891 10,098,394.00 

117,937,015.82 

This amounts to nearly ten and three-fourths millions per 
amium. One-half of the last year's payment, or 4i per cent of 
the eleven years' payments, would be more than enough to pay 
for all the public buildings which California has asked for. 

Mr. President, it is not my intention to take up the time of 
the Senate to discuss the merits of the bills which led to the re- 
marks of the Senator from New Jersey. There will be time 
enough for that when the respective bills shaU be under consid- 
eration by the Senate; but I will say that appropriations should 
bo and usually are made for the necessities of the Government 
and for the benefit of the people at large. The nation has wealth 
enough to distribute in such shape as will be of advantage to the 
commercial interests of the country. I have instanced the case 
of Galveston and the Mississippi River, with no invidious pur- 
pose whatsoever, for I believe that these appropriations were 
wise. No Senator, I think, will contend that the preservation 
of that great valley and its great water ways for commercial pur- 
poses and to prevent a monopoly of transportation was unwise or 
that the great State of Texas and the commerce which goes to 
it should not be entitled to aid and to the advantages of a har- 
bor which will let the products of that country out to the sea 
and to the world. Sir, in my opinion the amount of appropria- 
tions or the especial point or place of expenditure is measurably 
of less consequence than that the emergencies »nd necessities 



1892, 



COXGRESSIOXAL RECORD— 8EXATE. 



721 



to confer are of opinion that the language employed by the Sen- 
ator from Wisconsin improves the clearness of the bill. 

Mr. DOLPH. Let the amendments be read, and then the sense 
of the Senate can be taken on them in their order. Perhaps the 
Senator from Wisconsin does not understand that it is necessary 
to move the amendments; that they cannot bo brought before the 
Senate without a motion. 

Mr. VILAS. I was about to address the Chair for that pur- 
pose. It it be in order, I will move the amendments as they 
nave been printed, calling attention to a correction which is 
necessary to be made to the second amendment, at the foot of the 
first page of amendments as printed, by striking out lines 10 and 
11, so that the second amendment will read: 

And, in case it be so determined, to bar and foreclose all claim in law or 
equity on the part of said La Abra Silver Mining Company. Its le^al repre- 
sentatives or assigns, to the money, or any siicb part thereof, received from 
the Republic of Mexico for or on account of such award. 

The fourth amendment I will move as jarinted, except to strike 
out the words, in line 21. '' as was made upon the claim of said 
company." Those woi-ds I omit upon the suggestion of the Sen- 
ator from Oregon. I understand that the amendments have re- 
ceived the approbation of those members of the committee who 
have been consulted in respect to them. 

Mr. DOLPH. Let the amendments be stated in their order. 

Mr. MORGAN. Yes, let the amendments be reported and 
considered in their order. 

The VICE-PRESIDENT. The amendments will be read and 
considered in their order. The first amendment moved by the 
Senator from Wisconsin will be stated. 

The Chief Clerk. In section 1, line 1.3, it is proposed to 
strike out the word "or," where it occurs between the words 
''fraud" and "false," and insert in lieu thereof the words "ef- 
fectuated by means of," so as to read: 

And all persons making any claim to the award or any part thereof in this 
act mentioned, to determine whether the award made by the United States 
and Mexican Mixed Coniiuisslon in respect to the claim of the said La Abra 
Silver Mining Company was obtained, as to the whole sum included therein 
or as to any part thereof, by fraud effectuated by means of false swearing 
or other false and fraudulent practices, etc. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment. 

The amendment was agreed to. 

The VICE-PRESIDENT. The next amendment in order will 
be stated. 

The Chief Clerk. It is proposed, in section 1, line 15. after 
the word "assigns," to insert the following: 

And, in case it be so determined, to bar an:l foreclose all claim in law or 
equity on the part of said La Abra Silver Mining Company, its legal repre- 
sentatives or assigns, to the money, or any such part thereof, received from 
the Kepublic of Mexico for or on account of such award. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the Senator from Wisconsin. 

The amendment was agreed to. 

The VICE-PRESIDENT. The next amendment will be stated. 

The Chief Clerk. In section 4, line 4, it is proposed to strike 
out the words "based upon or," and also in the same line strike 
out the word "or," where it occtu's between the words "fraud" 
and "false," and insert in lieu thereof the words " effectuated by 
means of;" so as to read: 

That in case it shall be finally adjudged In said cause that the award made 
by said Mixed Commission, so far as it relates to the claim of La Abra Silver 
^Iinin^ Company, was obtained through fraud effectuated by means of false 
swearing or other false and fraudulent practices of said company or its as- 
signs, or by their procurement, the President of the United States is hereby 
authorized to release the Government of Mexico, etc. 

Mr. CHILTON. Mr. President 

Mr. MORGAN. Before the Senator froin Texas proceeds, I de- 
sire to move to strike out the words following the word '' to." in 
line 7 of section 4, on page 4, being the words "release the Gov- 
ernment of Mexico from the further payment thereof, to the ex- 
tent that the same is so declared fraudulent, and to;" so as to read: 

The President of the United States is hereby authorized to return to said 
Government any money paid by the Government of Mexico on account of 
said award, etc. 

Mr. PLATT. It has all been paid? 

Mr. MORGAN. It has all been paid up. I move that as an 
amendment to the amendment of the Senator from Wisconsin. 

Mr. CHILTON. By consent of the Senator from Alabama, who 
has charge of the bill, in view of the action which has been taken 
upon the motion to strike out the clause providing for an appeal. 
and in order to cover any contingency wliich might arise if all 
the sections of this proposed law were held to be interdependent, 
I propose an amendment to the amendment which has been made. 
In section 5, line 25, after the words "and in case it shall be 
finally adjudged in said cause," I move to insert: 

Either in the Court of Claims or in the Supreme Court of the United States, 

The VICE-PRESIDENT. The Chair will call the attention of 
the Senator from Texas to the fact that the amendment proposed 
to section 4 has not yet been acted upon, and that is first in order. 



^h: GEORGE. I should like to inquire if the vote has been 
taken upon the amendment of the Senator from Massachusetts to 
strike out the third section^ 

The VICE-PRESIDENT. It has been taken. 

Mr. GEORGE. The third section has been stricken out? 

The VICE-PRESIDENT. The amendment was not agreed 
to. The pending question is on the amendment pi'oposed by the 
Senator from Alabama to the amendment of the Senator from 
Wisconsin. 

The amendment to the amendment was agreed to. 

The amendment as amended was ao^reed to. 

The VICE-PRESIDENT. The amendment proposed by the 
Senator from Texas is now in order. 

Mr. CHILTON. I move after the words ".shall bo finally ad- 
judged in said cause " to insert '•either in the Court of Claims or 
in the Supreme Court of the United States." 

Ml'. DOLPH. I should like to suggest to the Senator from 
Texas that that would be a little equivocal. Sup])ose it should 
bo adjudged in the Co\u-t of Claims that tlie award was fraudu- 
lent and on appeal to the Supremo Court it was reversed, then 
the Secretary of State would undertake to retui-n the money in 
the face of a judgment of the Supreme Court of the United 
States.. 

Mr. CHILTON. It is to bo finally adjudged, the Senator will 
understand. The words I proj)ose to insei-t arc used in connec- 
tion with the preceding language. 

The VICP:-PKESIDENT. The amendment submitted by the 
Senator from Wisconsin to the fourth section is first in order, 
and will be stated. 

The Chief Clerk. In section 4, line 6, after the word "pro- 
curement," it is proposed to insert the words: 

And that the said La Abra Silver Minin.g Company, its legal representa- 
tives or assigns, be barred and foreclosed of all claim to the money or any 
part thereof so paid by the Republic of Mexico for or on account of such 
award. 

The VICE-PRESIDENT. Theqtiestion is on agreeing to the 
amendment of the Senator from AVisconsin to the fourth section 
of the bill. 

The amendment was agreed to. 

Mr. DOLPH. Now let the amendment of the Senator from 
Texas be stated. 

The VICE-PRESIDENT. The amendment of the Senator 
from Texas is in order as an amendment to thcamondmentof the 
Senator from Wisconsin to the fifth section of the bill. The 
amendment of the Senator from Wisconsin will bo stated. 

The Chief Clerk. In section 5 it is proposed to strike out 
from and including the words "and in case said court" to the 
end of the section, and insert in lieu thereof the words: 

And in case it shall be finally ad.iudged in said cause that the award made 
by said Mixed Commission, so far as it relates to the claim of La Abra Silver 
Milling Company, or any dellnable and severable part thereof, was not ob- 
tained tliriiugh fraud as aforesaid, then the Secretary of State .shall proceed 
to distribute so much of the said award as shall be found not so obtained 
through fraud, or the proceeds thereof remaining for distribution, if any, to 
the persons entitled thereto. 

Mr. CHILTON. I move to amend the amendment by in-serting 
after the words " finally adjudged in said cause," in line 25, tho 
words: 

Either in the Court of Claims or in the Supremo Court of the United States. 

So as to read: 

And in case it shall be finally adjudged In said cause, either in the Coiu't 
of Claims or in the Supreme Court of tbo United States, lliat the award 
made by said Mixed Commission, so far as it relates to the chiini of La Abra 
Silver Mining Company, or any definable and severable part thereof, was not 
obtained through fraud as aforesaid, then the Secretary oT ,State shall pro- 
ceed to distril)ute so much of the said .award as shall be found not so(»biaine(l 
through fraud, or the proceeds thereof remaining for distribution, if any, to 
the persons entitled thereto. 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The VICE-PRESIDENT. If there are no further amend- 
ments as in Committee of the Whole the bill will bo reported to 
the Senate. 

The bill was reported to the Senate as amended, and the 
amendments were concurred in. 

The bill was ordered to be engrossed for a third reading, and 
was read the third time. 

The VICE-PRESIDENT. The question is, Shall the bill pass? 

Mr. VANCE. Let us have the yeas and nays upon the passage 
of the bill. 

The yeas and nays were ordered, and tho Secretary proceeded 
to call the roll. 

Mr. FAULKNER (when his name was called). I am paired 
with the Senator from Pennsylvania [Mr. Quay]. I do not know 
how he would vote, but if he were present I should vote " nay." 

Mr. DAWES (when Mr. Hoar's name was called). My col- 
league [Mr. Ho.VrJ is detained from tlie Senate by sickness, and 
is paired with the Senator from Alabama [Mr. Pugh], wlio is also 



XXIII- 



-4G 



T>2 



CONGRESSIONAL RECORD— SENATE. 



Eebeuaey 1, 



detained by sickness. I do not know how either of them would 
vote. 

Mr. MORGAN. My colleague [Mr. Pugh] is paired with the 
Senator from Virginia [Mr. DANIEL], taut the Senator from Vir- 
ginia voted " yea," as my colleague would have voted, andthei'c- 
fore the pair stands with the Senator from Massachusetts. 

Mr. DAWES. My colleague did not intimate how he would 
vote; but he is detained on account of sickness. 

Mr. KENNA (when liis name was called). I am paired on all 
questions with the Senator from Colorado [Mr. Wolcott]. 

Mr. MITCHELL (when his name was called). I have a gen- 
eral pair with the junior Senator from New York [Mr. HillJ. I 
suppose this is not a political question, and I should be glad to 
vote. 

FAULKNER and others [to Mr. Mitchell]. You can 



Mr 

vote. 

Mr 

Mr 



MITCHELL. I vote ''yea." 

TURPIE (when his name was called). I am paired with 
the senior Senator from Minnesota [Mr. Davis], who is absent, 
and therefore I withhold my vote. 

Mr. WALTHALL (when his name was called). I am paired 
with the Senator from Ohio [Mr. Sherman]. If he were here I 
should vote "yea." 

The roll call was concluded. 

Mr. CULLOM. I have a general pair witli the Senator from 
Delaware [Mr. Gray]. I therefore withhold my vote. I shoidd 
vote "yea" if he were present, 

Mr, BUTLER. I am paired with the Senator from Indiana 
[Mr. VOORHEES]. It he were present I should vote " yea," and I 
understand he would vote "nay." 

Mr. ALLISON (after having voted in the afErmative). I have a 
pair usually with the Senator from Misssouri [Mr. Cockrell]. I 
do not see him in his seat, and therefore, having voted in the 
afflrmative, I will withdraw my vote. 

Mr. FRYE. I have a general pair with the senior Senator 
from Maryland [Mr. Gorman]; but I feel at liberty in this case 
to vote, and I vote "yea." 

Mr. ALLEN (after having voted in the affirmative). I should 
have announced, before voting, that I have a pair with the Sena- 
tor from Tennessee [Mr. Bate], who was necessarily called from 
the Chamber. Before going out, however, he gave me the priv- 
ileg'e of voting if I saw fit. 

Mr. MANDERSON. I am paired with the Senator from Ken- 
tucky [Mr. Blackburn]. If he were present I should vote 
"yea." 

Mr. PLATT. I have a pair with the Senator from Virginia 
[Mr. Barbour] . If he were present I should vote " yea." 

The result was announced — yeas 4.3, nays 5; as follows: 









YEAS— B. 




Allen, 




Dawes, 


Irby, 


Peffer, 


Berry, 




Dixon, 


Jones, Ark. 


Proctor, 


Call, 




Dolph, 


Kyle, 


Ransom, 


Cameron, 




Frye, 


IWcMillan, 


Sawyer, 


Carey, 


^ 


Gal linger. 


McPherson, 


Stockbridge 


Casey, 


X 


Gibson, La. 


Mitchell, 


Teller, 


Chandler, 


<o 


Gorflon, 


Morgan, 


Vilas, 


Chilton, 


-a 


Hale. 


Morrill, 


Washburn, 
White, 


Coke, 


c= 


Harris, 


Paddock, 


Colquitt, 




Hawley, 


Palmer, 


Wilson. 


Daniel, 


CO 


Hiscock. 


Paseo, 

NAYS-5, 




George, 




Power, 


Vance, 


Vest, 


Biggins, 


o 










Oi 


NOT VOTING— 40. 




Aldrich, 


lo* 


CuUom, 


Hoar, 


Sherman, 


Allison, 


=3 


Davis, 


Jones, Nev. 


Shoup, 


Barbour, 


CO 


Dubois, 


Kenna, 


Squire, 


Bate, 


L. 


Faulkner, 


Manderson, 


Stanford, 


Blackburn, O 


Feltou, 


Perkins, 


Stewart, 


Blodselt, 


U. 


Gibson, Md. 


Pettlgrew, 


Turpie, 


Brice, 




Gorman, 


Piatt, 


Voorhees, 


Butler, 




Gray. 


Pugh. 


Walthall, 


Carlisle, 




Hansbrough, 


Quay, 


Warren, 


Cocla-ell, 




Hill, 


S.anders, 


Wolcott. 



So the bill was passed. 

The VICE-PRESIDENT. The question is on agreeing to the 
jireamblo. 

The preamble was agreed to. 

The VICE-PRESIDENT. By unanimous consent Senate bill 
606 was agreed to be taken up upon the conclusion of the bill just 
passed. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the bill (S. 606) to amend and enlarge the act approved 
June 18, 1878, entitled "An act to provide for the distribution of 
the awards under tlie convention between the United States of 
America and the Republic of INIexico," concluded on the 4th day 
of .July, 1S6S. 

Mr. MORGAN. I have some amendments to offer to the bill. 
In line 12, of section 1, 1 move to strike out the word "or," where 



it occurs the second time in that line, between the words "fraud" 
and "false," and to insert "effectuated by means of;" so as to read: 
Or as to any part thereof, by fraud effectuated by means of false swearing, 
or other false and fraudulent practices. 

The amendment was agreed to. 

Mr. MORGAN. In line 14 of the same section, I move to in- 
sert after the word "assigns" 

Mr. VILAS. If the Senator from Alabama will permit me, I 
will state that those amendments to the bill have been already 
printed. 

Mr. MORGAN. I have them in ijrint here. I move to insert 
after the word "assigns" the following: 

And, in case it be so determined, to bar and foreclose all claim in law or 
equity on the part of said Weil, his legal representatives or assigns, to the 
money, or any such part thereof, received from the Republic of Mexico for or 
on accotmt of such award as was made by said Mexican Mixed Commission 
upon the said claim. 

Mr. VILAS. I call the attention of the Senator from Alabama 
to the fact that those last words, "was made by said ^Mexican 
Mixed Commission upon the said claim," were omitted from the 
provisions of the other bill as being perhaps somewhat misde- 
scriptive. 

Jtlr. MORGAN. I will modify the amendment by striking out 
the words indicated by the Senator from Wisconsin. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the Senator from Alabama, as modified. 

The amendment was agreed to. 

Mr. MORGAN. In section 4, lines .3 and 4, I move to strike 
out the words "based upon or obtained through," and after the 
word "fraud," in line 4, to .strike out the word "or" and insert 
"effectuated by means of ; " so as to read: 

That in case It shall be Anally adjudged In said cause that the award made 
by said Mixed Commission, so far as it relates to the claim of Benjamin Weil, 
was effectuated by means of fraud, false swearing, or other false and fraudu- 
lent practices of said Benjamin Well, or his assigns, etc. 

The amendment was agreed to. 

Mr. MORGAN. In section 4, line 6, after the word "procure- 
ment," I move to insert: 

And that the said Weil, his legal representatives or assigns, be barred and 
foreclosed of all claim to the money or any part thereof so paid by the Re- 
public of Mexico for or on account of siu-h award as was made upon the claim 
of said Weil. 

Mr. VILAS. I again call the attention of the Senator from 
Alabama to the fact that in the La Abra bill the similar amend- 
ment stopped at the words " such awards," and that the subse- 
quent words were omitted. 

Mr. MORGAN. I remember that now, and I will modify my 
ainendment according to the suggestion of the Senator from 
Wisconsin. 

The VICE-PRESIDENT. The amendment will stated as 
modified. • 

The Chief Clerk. In section 4, lino 6, after the word " pro- 
curement," it is proposed to insert: 

And that the said Weil, his legal representatives or assigns, be barred and 
foreclosed of all claim to the money or any part thereof so paid by the Re- 
public of Mexico for or on account of such award. 

The amendment was agreed to. 

Mr. MORGAN. In section 4, line 7, after the word "to," I 
move to strike out the words "release the Government of Mexico 
from the further payment thereof to the extent that the same is 
so deelax-ed fraudulent, and to;" so as to read: 

The President of the United States is hereby authorized to return to said 
Government any money paid by the Government of Mexico on account of 
said award remaining in the custody of the United States. 

The amendment was agreed to. 

Mr. MORGAN. I will ask the Senator from Wisconsin and 
the Senator from Texas it they will offer the amendment to the 
first part of section 4 in the form in which it was adopted on the 
jjreeeding bill. 

Mr. CHILTON. In section 4, line 2, after the word " cause," 
the first word in the line, I move to insert: 

Either in the Court of Claims or in the Supreme Com-t of the United States. 

So as to read: 

That in case that it shall be finally adjudged in s.ald cause, either in the 
Com't of Claims or in the Supreme Court of the United States, that the .award 
made by said Mixed Commission, so far as it relates to the claim of Benja- 
min Weil. etc. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment moved by the Senator from Texas. 

The amendment was agreed to. 

Mr. CHILTON. The same clause should be inserted in the 
amendment offered by the Senator fi'om Wisconsin. I understand. 

ISIr. MORGAN. I suggest to the Senator from Texas that 
that is hardly necessary, after having expressed it once in the 
section. 

Mr. CHILTON. I presume not, only the other clause refers 
to the negative, that the decree was not obtained by fraud. 

Mr. MORGAN. If I can have the ear of the Senator from 



1892. 



COXGRESSIONAL EECOED— SENATE. 



747 



The amendment was agreed to. 

The resolution as amended was agreed to. 

MISSISSIPPI RIVER BRIDGE AT SOUTH ST. PAUL. 

Mr. WASHBURN. From the Committee on Commerce I re- 
port back favorablj', without amendment, the bill (H. R. 217) to 
amend an act entitled "An act for the construction of a railroad 
and wagon bridge across the Mississippi River at South St. Paul, 
Miim.," approved April 26, 1890. I ask unanimous consent for 
the present consideration of the bill. 

Mr. COCKRELL. Let it bo read for information. 

Mr. WASHBURN. I will simply state that it is the amend- 
ment of an act passed in the last Congress for the construction 
of a bridge at South St. Paul, changing the location from one 
section to another and extending the time. The bill has passed 
the other House, and the report of the House committee accom- 
panies the bill with the confirmation of the War Department. 
As the time expires very shortly, it is desirable that the bill 
shall be passed promptly. 

The VICE-PRESIDENT. The bill wiU be read for informa- 
tion. 

The Chief Clerk read the bill, and there being no objection, 
the Senate, as in Committee of the Whole, proceeded to its con- 
sideration. 

Mr. WASHBURN. I ask for the reading of the report of the 
House committee. 

The VICE-PRESIDENT. The report will be read. 

The Chief Clerk read as follows: 

Mr. LiND, from the Committeo on Interstate and Foreign Conuuerce, sub- 
mitted tlie following report (to accompany H. R. 21") : 

The Committee on Interstate and Poreipoi Commerce, to whom was re- 
ferred the bill (H. R. 217) to amend an act entitled "An act tor the construc- 
tion of a railroad and wagon bridge across the Mississippi River at South St. 
Paul, Minn.," approved April 30, 18S0, submit the following report: 

The only effect of this amendment is to extend the time for the commence- 
ment and completion of the bridge authorized by the act, and to change its 
location from points in section 10 to section 2 in the same town and range, 
less than 1 mile. 

The United States Engineer Department reports that there is no objection 
to the passage of the bill. 
Your committeo therefore recommends that it do pass. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 
SENATOR FROM IDAHO. 

Mr. AHTCHELL. In the matter of the contest initiated by 
Mr. William H. Clagett, involving a right to a seat in the Sen- 
ate for the full term commencing March -1, 1891. now occupied 
by Senator Fred. T. Dubois, the Committee on Privileges and 
Elections have instructed me to submit a report. Accompanying 
the report, as a part of it, I am instructed to present two resolu- 
tions, numbered respectively 1 and 2, and to recommend their 
adoption. 

I ask that the report and the resolutions may lie on the table 
for the present and that they bo printed. I ask, however, that 
the resolutions be read at this time, and I give notice that at a 
very earlv date I shall call the matter up for consideration. 

The VICE-PRESIDENT. The resolutions will be read. 

The Chief Clerk read the resolutions, as follows: 

1. Resolved. That Pred. T. Dubois is entitled to retain the seat he nowholds 
as Senator from the Stateof Idaho lor thelull term commencing March4, 1891, 

3, MesoUed, That William H. Clagett Is not entitled to be admitted to a 
seat in the Senate from the State ol Idaho for the term commencing March 
4, A. D, 1891. 

:Mr. VANCE. I wish to have the resolutions lie on the table 
for a day or two, as there will be a minority report submitted as 
to the right of Mr. Dubois to the seat. 

Mr. MITCHELL. That is satisfactory; and I ask when the 
views of the minority are submitted that they be printed in con- 
nection with the report of the committee. 

The VICE-PRESIDENT. It will be so ordered. 

BILLS INTRODUCED. 

Mr. HALE introduced a bill (S. 2002) for the erection of a pub- 
lic building at Biddeford, York County, Me.; which was read 
twice by its title, and referred to the Committee on Public Build- 
ings and Grounds. 

Mr., FAULKNER (by rcqilest) introduced a bill (S. 2003) to in- 
corporate the Washington Central Street Railway Company; 
which was read twice by its title, and referred to the Committee 
on the District of Columbia. 

Mr. KENNA introduced a bill (S. 200-i) granting a pension to 
Itlary Clare Kelly; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. JONES of Arkansas (by request) introduced a bill (S. 2005) 
to pension Alexander Mackey; which was read twice by its title, 
antl referred to the Committee on Pensions. 

]\Ir. VILAS (by request) introduced a bill (S. 2006) for the relief 
of Samuel G. Cabell; which was read twice by its title, and re- 
ferred to the Committee on Claims. 



Mr. QUAY introduced a bill (S. 2007) for a public building at 
Altoona, Pa., and appropriating money therefor; which was read 
tv.ice by its title, and referred to the Committeo on Public 
Buildings and <ii-otmds. 

He also introduced a bill (S. 200S) granting an increase of pen- 
sion to J. C. Burke; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 2009) granting an increase of pen- 
sion to Marie A. Birney; which was read twice by its title, and, 
with the accompanying paper, referred to the Committee on Pen- 
sions. 

He also introduced a bill (S. 2010) granting an increase of pen- 
sion to William H. Riland; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. HAWLEY introduced a bill (S. 2011) for the relief of Eu- 
gene A. Bancroft; wiiich was read twice by its title, and referred 
to the Committeo on Military Affairs. 

Mr. PLATT introduced a bill (S. 2012) to correct the military 
record of .Jesse H. Siirague: which was read twice by its title, 
and referred to the Committee on Militarv Affairs. 

Mr. SHERMAN introduced a bill (S. 2013) to grant arrears of 
pensions in certain cases; which was read twice by its title, and 
referred to the Committee on Pensions. 

He also introduced a bill fS. 2014) granting a pension to M. E. 
Wood; whicli was read twice by ita title, and, with the accom- 
panying papers, referred to the Committee on Pensions. 

Mr. McMillan introduced a bill (S. 2015) to amend the act 
incorporating the Washington and Crcorgetown Railroad Com- 
pany: which was read twice by its title, and referred to the Com- 
mittee on the District of Columbia. 

Mr. COCKRELL introduced a bill (S. 2016) for the relief of 
Jacob Swofford; which was read twice by its title, and referred 
to the Committee on Military Affairs. 

He also introduced a bill (S. 2017) granting a pension to Ga- 
brilla P. Moody: which was read twice by its title. 

Mr. COCKRELL. I desire, in connection with the bill, to i)re- 
sent a petition numerously signed, the discharge of her son, 
Elish Estcs, and two letters from the Pension Office. I move 
that the bill and accompanying papers be' referred to the Com- 
mittee on Pensions. 

The motion was agreed to. 

Mr. VOORHEES introduced a bill (S. 2018) granting a pension 
to Mary E. Law, widow of Capt. Richard L. Law, United States 
Navy; whica was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. DAWES introduced a bill (S. 2019) for the relief of Horace 
Brown, alias ]\Iagruder; which was read twice by its title, and 
referred to the Committee on Military Affairs. 

He also introduced a bill (S. 2020) to remove the charge of deser- 
tion now standing against Michael Keefe, deceased; which was 
read twice by its title, and, with the accompanying, papers re- 
ferred to the Committee on Military Affairs. 

Mr. CALL introduced a bill (S. 2021) granting the right and 
authority to the Mexican Gulf, Pacific and Puget Sound Rail- 
road Company, a company organized under the laws of the 
States of Florida and Alabama, to build one bridge over each of 
the following-named rivers in the State of Alabama, viz: The 
Alabama River, the Warrior River, the Sipsey River, and the 
Teuncssee River; the said bridges to be used , operated for, and in 
behalf the said the Mexican Gulf, Pacific and Puget Sound Rail- 
road Company to carry freight and passengers by rail and other- 
wise; whicli was read twice Isy its title, and referred to the Com- 
mittee on Commerce. 

He also introduced a bill (S. 2022) granting the right of way to 
the Mexican Gulf, Pacific and Puget Sound Railroad Company 
over and through the public lands of the United States in the 
States of Florida, Alabama, Mississippi, and Tennessee, and 
granting the right of way to said railroad company over and 
through the United States naval and military reservations near 
Ponsacola, in the State of Florida; which was read twice by its 
title, and referred to the Committee on Public Lands. 

Mr. DANIEL introduced a bill (S. 2023) to authorize the Nor- 
folk and Western Railroad Comjiany of Virginia to extend its 
lino of road into and within the District of Columbia, and for 
other purposes; which was read twice by its title, and referred 
to the Committee on the District of Columbia. 

Mr. PETTIGREW introduced a bill (S. 2024) authorizing the 
President to appoint and retire John W. Hines with the rank 
and grade of second lieutenant; which was I'cad twice by its title, 
and referred to the Committee on Military Affairs. 

Mr. MANDERSON introduced a bill (S. 2025) granting an in- 
crease of pension to Nathaniel P. Dodge; which w;is read twice 
by its title, and, with the accompanying papers, referred to the 
Committee on Pensions. 

Mr. TURPIE (by request) introduced a bill (S. 202G) for there- 



748 



CONGRESSIONAL EECOED— SENATE. 



FEliRUARY- 2, 



lief of Mary Stuart Lassellc; which was read twice by its title, 
and, with acconi])anying papers, referred to the Committee on 
Claims. 

Mr. VANCE introduced a bill (S. 2027) to repeal all acts and 
part of acts discriminating in taxation against the circulating 
notes of State banks and State banking associations; which was 
read twice by its title, and referred to the Committee on Finance. 

Mr. CAREY introduced a bill (S. 2028) for the erection of a 
I'eformatory and house of detention for women charged with and 
convicted of crimes and misdemeanors in the District of Colum- 
bia, and for otlier purposes; which was i-ead twice by its title, and 
referred to the Committee on the District of Columbia. 

Mr. PERKINS introduced a bill (S. 2029) to provide for the 
sale of surplus orunallotted lands of the western Miami Indians 
of the Indian Territory; which was read twice by its title, and 
referred to the Committee on Indian Aft'airs. 

Mr. PALMER introduced a joint resohition (S. R. 37) pro- 
posing an amendment to the Constitution of the United States, 
relating to the election of Senators by the people; whicli was 
read twice by its title. 

Mr. PALMER. I ask that the joint resolution lie upon the 
table, as I propose at some convenient day to address the Senate 
on the subject. 

The VICE-PRESIDENT. The joint resolution will lie on the 
table. 

PAPERS WITHDRAWN AND REFERRED. 

On motion of Mr. PROCTOR, it was 

Orilereil, Tliat the petition and papers in the case of Mary A. Sandsbe taken 
from the files of the Secretary of the Senate and referred to the Committee 
on Pensions. 

On motion of Mr. TELLER, it was 

Ordered, That Mrs. Mary Jewett Telford have leave to withdraw the papers 
filed by her with the Committee on Pensions. 

PRINTING OF INTERNATION.AL, MARINE CONFERENCE BILL AND 

REPORT. 

Mr. FRYE. I ask for the present consideration of the order 
which I send to the desk. 

The order was read, as follows: 

Ordered. That there be printed for the use of the Senate 300 additional 
copies of Senate bill 1755, to amend certain sections of Title LII of t he Revised 
Statutes of llie United States, and to carry into effect certain recommenda- 
tions of the United States delegates to the International Marine Conference, 
and the report accompanying the same. 

Mr. FRYE. I will simply say that the number printed before 
has been entirely exhausted. 

Mr. MANDERSON. The proposed order includes not only 
the bill, but the report? 

Mr. FRYE. It includes the bill and report. 

Mr. MANDERSON. Is the Senator aware whether the cost 
will be less than $500? 

Mr. FRYE. It will surely be less than $500, I should think. 

Mr. MANDERSON. I have no objection to the order, except 
that I feared it might infringe the law. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the resolution? 

The resohition was considered by unanimous consent, and 
agreed to. 

PERSONAL EXPLANATION. 

Mr. VOORHEES. Mr. President, I hope that the Senate v/ill 
indulge me a few moments in a matter personal to myself. I ask 
the Chief Clerk to read the matter marked in the Pliiladelpliia 
Press of last Saturday, which I send to the desk. Read the head- 
lines and the matter that is there marked. 

The VICE-PRESIDENT. The matter will be read. 

The Chief Clerk read as follows: 

[Philadelphia Press, Saturday, Januaiy 30, 1892.] 

WASHINGTON— THE SENATE WASTING TIME IN OBEDIENCE TO SEN.\TORIAI. 
COURTESY— MK. VOORHEES FAILS TO SUSTAIN HIS CHARGES— HIS SCHEME 
TO DEFEAT JUDGE WOODS'S NOMINATION NOT SUPPORTED BY THE REPUB- 
LICANS HE HAD COUNTED UPON. 

[Special dispatch to the Press.] 

WASHINGTON, January 29. 

The Senate Judiciary Committee wasted another session to-day. out of •• Sen- 
atorial courtesy" to Senator Voorhees of Indiana. The time was taken 
up in the examination of witnesses brought on here from the Hoosler State 
to prove that Judge Woods, nominated by President Harrison for the cir- 
cuit bench, was a scoimdrel because he had sent Sim Coy, the Democratic 
heeler and repeater, to prison, and had not sustained trumped-up charges 
against Col. W. W. Dudley. Not a single fact was proven. ".Senatorial 
courtesy'' was again exercised by adjourning until Monday, without action. 
In order that Voorhees may have two more witnesses here. It is not at all 
certain that the witnesses mil be here, but it is tolerably certain that if they 
»to corner they will have nothing to add to the useless testimony of those al- 
ready examined. 

The comnuttet'will undoubtedly take up their ,iudicial nominations on Mon- 
day and report them favorabl.v, "Not a Republican will vote against the con- 
firmation of Judge Woods. The opposition of Senators Voorhees and Tur- 
PIE has been a mere farce, and illustrates to what ridiculous lengths that in- 
definite quality, "Senatorial courtesy," will go. A whole month has been 
wasted simply because Voorhees was not in the city, and it would have been 
contrary to "Senatorial courtesy" to consider the ease until he got bad;. Wit- 
nesses were summoned whose tees and mileage will amount to about $600. 



The attempt of Senator Voorhees to fcjrm aeoalition with the Republicans 
was a flat failure. He knew that some of the Republicans like Quay, Cam- 
eron, and HiGGiNS were opposed to the nomination of George M. Dallas, and 
he made the proposition that if these disgruntled Republicans would induce 
enough of their party to aid the Democrats in defeating Judge Woods's nomi- 
nation, the Democrats would reciprocate and aid in defeating Dallas. The 
plan would not work, however, and it is now reasonably certain that all the 
nominations will be confirmed next Monday without a dissenting vote among 
the Republicans. 

Mr. VOORHEES. Mr. President, on the subject of the Sen- 
atorial courtesy which prevails in this body I liave nothing to 
say, and nothing need be said. Senatoriarcourtesy, sneered at 
by blackguards and scurrilous people, is simply, I believe, the 
decencies of , life whicli obtain among gentlemen. Some of this 
courtesy has been extended to mo by the Committee on the Ju- 
diciary, foi' which I make my profound acknowledgments, but for 
not more than a week or ten days at the outside. 

I have nothing either at tliis time to say about the case of 
Judge Woods. It is still under investigatioii; witnesses are yet 
to be examined; and how this newspaper man knows what the 
decision of that committee will be passes my understanding. 

My principal object, however, in having the article read to 
which we have listened relates to the last paragraph. In the 
last paragi-aph the statement is made explicitly and unqualifiedly 
that I made a proposition to certain Senators, naming Senator 
Quay of Pennsylvania, Senator Cameron of the same State, and 
Senator HiGGlNS of Delaware, that for their assistance in the 
defeat of the confii'ination of Judge Woods, now here as an ap- 
pointee for one of the United States circuit judgeships, I was in 
favor of joining in a movement on this side of the Chamber to 
defeat Judge Dallas, of Philadelphia. 

A grosser lie than this statement would hardly be possible for 
his Satanic majesty to conceive. Such a word or thought or sug- 
gestion, of course, has never emanated from my lips. On the 
contrary, bad as I think the appointment of Judge Woods, im- 
proper and unfit as I conceive and know him to be for a judicial 
position, I would feel myself dishonored and disgraced beyond 
redemjition to receive a suggestion, let alone to make one, to de- 
feat an honest, upright, and competent man like Judge Dallas 
for tlie sake of getting clear of him. 

If there are Senators in this body, those named or anybody 
else, who can say they have ever heard from me a single sugges- 
tion or thought of such a corrupt combination. I want that state- 
ment to be made now. If I were capable of making such a sug- 
gestion I should be a jjroper subject for expulsion from this body; 
and the miserable falsifier and scoundrel who makes such an ac- 
cusation from that gallery ought to be expelled from the privi- 
leges of the Senate. 

I call the attention of the Committee on Rules to this as one of 
the most flagrant outrages that have occurred in the long years 
that I have been a member of this body. I shall offer no resolu- 
tion on the subject, for it is personal to myself, but it does create 
a question in every mind of how long and how much we are to 
stand of this kind of business. 

1 see that some men were yesterday put in prison by a court in 
a neighboring State for libeling a member of this body, and if 
the same rule and with the same severity were put in operation 
against a correspondent cajjable of concocting and publishing 
such a calumny as we have here, it would be better for public 
morals and better for the decencies and order of this counti'y. 

I simply wanted to brand this miserable creation of a dishon- 
est heart and brain as T have, and with that I am done. 

Mr. CAMERON. Mr. President, I had not road the article in 
the Philadelphia Pr(;s8, for I scarcely ever read that i>aper, but 
I can say that, so far as my name is connected with it, it is a lie 
from beginning to end. The Senator from Indiana [Mr. Voor- 
hees] never spoke to me upon the subject of the judgeship or as 
to the confirmation of Judge Woods or as to the rejection of Mr. 
Dallas. 

Mr. QUAY. I desire merely to add to what my colleague has 
said my own statement of the absolute falsity of the charge made 
in relation to the alleged combination said to have been made 
between the Senator from Indiana [Mr. Voorhees] and the Sen- 
ators from Pennsylvania. It is utterly false and without any 
foundation. I have never heard of such a suggestion from the 
Senator from Indiana. 

Instead of the senior Senator from Pennsylvania [Mr. Cam- 
eron] and myself being willing or ready to enter into a combi- 
nation of that kind, the fact is that we are both in favor, as I 
always have been in favor, of confirming the nomination of Mr. 
Dallas as judge. 

Mr. HIGGINS. As disclaimers seem to be in order, Mr. Presi- 
dent, I feel bound to say that there is no truth in the statement 
which has been read and no justification for its publication. I 
never heard a word fi'om the Senator from Indiana or his col- 
league or any member of this body respecting any such subject 
whatever. 

Mr. WILSON. I wish to say in behalf of the Committee on the 



1892. 



CONGRESSIONAL RECORD— SENATE. 



789 



relating to Chinese,' approved May 6, 1882," approved October 1, 
1888 (by Mr. Pelton); and 

A blil {S. 719) to absolutely prohibit the coming of Chinese por- 
eona into the United States, whether subjects of the Chinese Em- 
pire or otherwise (by Mr. Mitchell). 

Mr. PASCO, from the Committee on Claims, to whom was re- 
ferred the bill (S. 798) for the relief of the legal representatives 
of John H. Jones and Thomas D. Harris, reported it with an 
amendment, and submitted a report thereon. 

Mr. STEWART, from the Committee on Claims, to whom was 
referred the bill (S. 18) for the relief of Edward S. Armstrong, 
reported it without amendment, and submitted a report thereon. 

Mr. MITCHELL, from the Committee on Claims, to whom was 
referred the bill (S. 262) for the relief of Jabez Burchard, asked 
to be discharged from its further consideration and that it be re- 
ferred to the Committee on Naval Aflfairs; which was agreed to. 

Mr. MITCHELL. I am directed by the Committee on Claims, 
to whom was referred the bill (S. 177) for the relief of Hattio E. 
Winn, of West Carroll Parish, La., to report it adversely and 
recommend that it be indefinitely postponed. On examination 
we find that the claimants in this case have been paid the full 
amount of the claim in the bill. 

The bill was postponed indefinitely. 

Mr. MITCHELL. By direction of the Committee on Claims 
I report adversely the bill (S. 185) for the relief of Fanny B. Ran- 
dolph and Dora L. Stark, of Avoyelles Parish, State of Louis- 
iana, for stores and supplies taken by the military forces of the 
United States, and recommend its indefinite postponement. 

I am further instructed, however, in the same case to report 
a resolution, accompanied by a written report, recommending that 
the case be referred to the Court of Claims. 

The VICE-PRESIDENT. The bill being adversely reported 
will be indefinitely postponed. 

Mr. MITCHELL. I ask that the resolution may be read and 
placed on the Calendar. 

The VICE-PRESIDENT. The resolution will be read. 

The resolution was read and ordered to be placed on the Cal- 
endar as follows: 

Resolved, That the claim of Fanny B. Randolph and Dora L. Stark for stores 
and supplies taken by the military forces of the United States for their use 
during the war for the suppression of the rebellion be. and the same Is hereby, 
referred, -ivlth all the papers in the case, to the Com-t of Claims under the 
provisions of the act of March 3, 1883. commonly known as the " Bowman act." 
as amended by the act of March 3, 1887, commonly Imown as the "Tucker act." 

Mr. PETTIGREW, from the Committee on Public Lands, to 
whom was referred the bill (S. 695) to authorize the Secretary 
of the Interior to survey and mark the boundary between the 
State of Nebraska and that portion of the State of South Dakota 
which is embraced in the Pine Ridge and Rosebud Indian Reser- 
vations, reported it with amendments. 

BILLS INTRODUCED. 

Mr. COKE introduced a bill (S. 2030) for the relief of James 
Calvin Lipscomb; which was read twice by its title, and referred 
to the Committee on Claims. 

Mr. BLACKBURN introduced a bill (S. 2031) for the benefit 
of Richard H. Taylor; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

He also (by request) introduced a bill (S. 2032) to repeal the 
provisions of the act of Congress approved the 3d of March, 1891, 
entitled "An act making appropriations to supply deficiencies in 
the appropriations for the fiscal year ending June 30, 1891, and 
for prior years, and for other purposes," which provides for the 
forfeiture of the charter and the other rights of the Metropolitan 
Railroad Company of Washington, D. C; which was read twice 
by its title, and referred to the Committee on the Judiciary. 

Mr. DAWES (by request) introduced a bill (S. 2033) for the re- 
lief of the freedmen in the Chickasaw Nation, Indian Territory; 
which was read twice by its title, and, with the accompanying 
petition, referred to the Committee on Indian Aft'airs. 

He also introduced a bill (S. 2034) to provide for the care of de- 
pendent children in the District of Columbia, and to create a 
ix)ard of children's guardians; which was read twice by its title, 
and referred to the Committee on the District of Columbia. 

Mr. VANCE introduced a bUl (S. 2035) to refimd to property- 
holders on Pennsylvania avenue, between First and Fifteenth 
streets west, two-thirds of the assessment levied and paid under 
the act of Congress of July 8, 1870; which was read twice by its 
title, and referred to the Committee on the District of Columbia. 

He also introduced a bill (S. 2036) for the relief of the heirs of 
R. D. Hay; which was read twice by its title, and referred to the 
Committee on Finance. 

Mr. GALLINGER introduced a bill (S. 2037) to provide lor the 
purchase of a site and the erection of a public building thereon 
atKeene, in the State of New Hampshire; which was read twice 
by its title, and referred to the Committee on Public Buildings 
and Grounds. 



Mr. SAWYER introduced a bill (S. 2038) construing the act 
of February 28, 1877, increasing the pensions in certain cases; 
which was read twice by its title, and referred to the Committee 
on Pensions. 

He also introduced a bill (S. 2039) granting a pension to Cath- 
arine W. Tennis; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Pen- 
sions. 

He also introduced a bill (S. 2040) granting an increase of pen- 
sion to Fletcher S. Kidd; which wa.sread twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. SHERMAN introduced a bilKS. 2041) for the relief of W. 
H. Davis, first lieutenant, late Comi)any H, Twenty-fifth Regi- 
ment Ohio Infantry Volunteers; which was reatl twice by its title, 
and referred to the Committee on Military Affairs. 

Mr. QUAY introduced a bill (S. 2042) granting an increase of 
pension to Mrs. Helen G. Heinor: which was read twice by its 
title, and, with the accompanying papers, referred to the Com- 
mittee on Pensions. 

Mr. BUTLER introduced a bill (S. 2043) for the relief of Carrie 
O. Wallace; which was read twice by its title, and referred to 
the Committee on Pensions. 

:Mr. IMITCHELL introduced a bill (S. 2044) extending the priv- 
ilege of bounty land to persons who served in the Indian wars of 
the United States subsequent to March 3, 1855; which was read 
twice by its title. 

Mr. MITCHELL. I ask that the bill may be referred to the 
Comiflittee on Public Lands. 

Mr. DOLPH. I suggest to my coUeagiie that I do not think 
the Committee on Public Lands has ever taken Jurisdiction of 
that subject. The proper reference of the bill, I think, would 
be to the Committee on Military Affairs. 

Mr.^IITCHELL. I had some little question myself about 
that, and I am not quite certain to which committee it should be 
referred. 
Mr. DOLPH. I should like to hear the title again read. 
The Secretary read the title of the bill. 

Mr. COCKRELL. That should go to the Committee on Mill- 
tfit'v A ff fii rs 

Mr. MITCHELL. Then I ask that the bill may be referred to 
the Committee on Military Affairs. 

The VICE-PRESIDENT. The Cliair is informed that similar 
bills have usually gone to the Committee on Pensions. 

INIr. MITCHELL. Very well. Tlicn I ask that the bill be re- 
ferred to the Committee on Pensions. 
The VICI>PRESIDENT. That order will be made. 
Mr. McMillan introduced a bill (S. 2045) to provide for the 
rebuilding of the bridge across Rock Creek at M street nu atli- 4 |gM| 
west, in the District of Columbia: which was read twice by^ts 
title, and, with the accompanying papers, referred to the Com- 
mittee on the District of Columbia. 

Mr. CAMERON introduced a bill (S. 2046) to amend section 
1417 of the Revised Statutes of the United States, in relation to 
the number of enlisted men in the Navy; which was read twice 
by its title, and referred to the Committee on Naval Affairs. 

"Mr. VOORHEES introduced a bill (S. 2047) for the relief of 
the heirs and legal representatives of Bayless W. Hanna,_ do- 
ceased, late envoy extraordinary and minister plenipotentiary 
to the Argentine Republic; which was read twice by its title, and 
referred to the Committee on Claims. 

Mr. MANDERSON (by request ) introduced a joint resolution 
(S. R. 38) authorizing the publication of a Iiistory and digest of the 
international arbitrations to which the United States was a imrty; 
which was read twice by its title, and, with the accompanying 
papers, referred to the Committee on Printing. 

CLAIM OF ESTATE OF PRESTOX ROSE. 

:\lr. COKE submitted the following resolution; which was re- 
ferred to the Committee on Claims: 

Resolved, That the claim of Mary A. Rose (widow), Kate Rose.Bettle Rose, 
Linda Rose, Wirt Rose, Frank Rose, and Eric Rose, children of Preston Rose, 
who died in I860, testate, leavins his properly to his widow and children, all 
of the State of Texas, said claim beins lor quartermaster and conimiss.-ir.v 
stores and supplies, and other property alle.neil to have been taken and used 
by the United States Army during the late war from the plantation of said 
widow and children, at or near Victoria, in the county of \ Ictorla and .Stat« 
of Texas, be referred to the .Secretary of War, who shall investigate the jus- 
tice and equity of said claim, an dtho loyalty of the claimants, and rei)ort the 
amount and value of the properl v taken and used by the said Army, and also 
what amount, if any, has been paid "U the same, and that he report all tho 
facts and evidence In the case tor the further consideration of the Senate. 



Mr 



INDIAN SCHOOLS. 
DAWES submitted the following resolution; which was 



considered by unanimous consent, and agreed to: 

Resolved, That tho Secretary of the Interior he directed 'n,™!'"]"'"''"^®!:? 
the Senate a copy of tho report ma<le by the Hampton Institute in re.'iponse 
to the resolution of the Senate passed February a, 1891. 



790 



CONGKESSIONAL RECORD— SENATE. 



Febeuaey 3, 



X 



PUECHASE OP MONHOE PAPERS. 

Mr. CHANDLER submitted the following resolution; which 
was considered by unanimous consent, and agreed to: 

Sesoli'ed, That the Secretary ot State bo requested to transmit to the Sen- 
ate any inlormation which may be within his possession concerning any ex- 
isting unpublished correspondence and manuscrliJts ol President James Mon- 
roe, with the opinion ot the Secretary as to the expediency ol the pui-chase 
ol the same by the Government. 

PROHIBITION IN ALASKA. 

Mr. DOLPH. Mr. President, a few days since I had occasion 
to make some remarks in regard to an article which I quoted 
from The Voice. I have since received a letter from Hon. John 
H. Keatley, of Sioux City, Iowa, who was at one time United 
States district judge of Alaska, which is full of information as to 
the condition of affairs there, an important subject, I think, for 
the consideration of the Senate, and in which ho concurs in my 
views of the situation, and thinks that the license system there 
would accomplish something, whereas nothing is accomplished 
under existing law. I ask to make this letter a part, of my pres- 
ent remarks that it may have full circulation and be seen by all 
Senators. 

The VICE-PRESIDENT. The letter will be printed in the 
Record as part of the Senator's remarks, if there be no objec- 
tion. The Chair hears none. , 

The letter is as follows: 

Sioux Citt, Iowa, January 30, 1993. 

Dear Sih: I liave just carefully read your reniarl^s in the Senate on the 
26th instant, as published in the Congressional Record of the 27th instant, 
in reference to the regulation of the liquor traffic in Alaska. 

As I ^vas aimointed United States judge of that district July 13. 1888, took 
the oath of office at Sitka August 25, 1888. and served until December, 8, 1889, 
when my voluntary resignation took effect, and I was relieved by my suc- 
cessor. I perhaps know something about the troubles and difficulties in en- 
forcing the prohibitory clause of the act of Congress approved May H, 1884. 

I was at Sitka when Collector Pracht, appointed by the present Adininis- 
tratlou, reached that place and assumed the duties of his appointment. As 
I understood it at the time, Mr. Pracht had had a conference with Mr. Wln- 
dom. Secretary ot the TreasmT, before he left Washington for Alaska, and 
the Secretary expressed a strong desire that the regulations of the Depart- 
ment relating to the Issuing of permits to introduce intoxicating liquors 
should be rigidly enforced. 

Complaint had been made before that that Mr. Pracht's predecessor had 
been too liberal and Indulgent in that respect, and a radical change was de- 
sired upon the part of the existing Administration. The consequence was 
that the collector practically denied all apiillcationsboth at Sitka and through 
liis deputies at other points. Notonly that, whenever goods of that character 
were surreptitiously gotten ashore tor saloon pm'poses, Mr. Pracht made vigi- 
Lant search for the smuggled goods, and made seizures of the same, and con- 
denmations quickly followed. I remember distinctly one Instance where 
about $ijOO worth of liquors (smuggled) were foimd in the loft of a saloon at 
Sitka, and were properly libeled, and upon a lull hearing were condemned 
and ordered sold, under a decree which I made, as among the last of my otll- 
cial acts in Alaska. Watchmen of the utmost ndelity were placed by the col- 
lector in and about every mail steamer coming to Sitka, and during its stay 
of twenty-foiu- hours, but owing to the fact that the natives (Indians) in their 
canoes came about the ship to barter ■with curios, etc., contraband liquors 
almost invariably toimd their way ashore, through the activity of seamen 
and roustabouts belonging to the steamers. 

TJnderGovernorSwineford.whenlreachedAlaska, in August. 1888, a system 
ot saloon licensing was in practice. No case was ever made maldng it neces- 
sary forme to judicially ijass upon the validity ot that system of getting some 
revenue for the building ot sidewalks at Sitka, which was the pretext, and 
the method of Its expenditure, but in an informal and imofflcial way, I ex- 
pressed my opinion of the invalidity of the entire proceeding. 

Prom the time of the arrival ot Governor Knapp, in May, I think, 1889. 
until my departiu-e early m December of the same year, I always imderstood 
that that system of Issuing licenses had been abandoned. 

As to the enforcing of the provisions ot the act ot May 14, 1884, and the 
general statutes of the United States, and the statutes of the State ol Oregon, 
prohibiting both the sale, or gift of intoxicating liquors to Indians, I made some 
observations. During the period of my official career no prosecutions were 
commenced, except In one or two minorinstances, dm'ing November, 1888, to 
enforce the criminal propulsions of the act of May 14, 1884, and those cases in 
that respect that I now recall in memory, were where several Indians, in 
two instances, one at IvlUisnoo, were detected In landing a bottle of whisky 
from the mail steamer. 

Public sentiment lathe Territory was strongly against either the sale or gift 
of Intoxicating liquors to natives (Indians), and prosecutions before commis- 
sioners and in the district court were very frequent, and In few cases did the 
accused escape con>^ction and sentence. I do not now remember a single 
instance where a recognized saloon-keeper, at any of the towns and canning 
stations, were accused of this oflense, except at Chilcat, or Pyi-amld Harbor, 
where there were no white people but the few in charge of the cannery. The 
most numerous violations were by individuals who are called, in the States, 
"boot-leggers." 

The fact is that the recognized saloon-keepers (white men) were as persis- 
tent in enforcing the law against either selling or giving liquors to Indians 
as those who had no direct Interest in the liquor business whatever. 

To one who lias lived on the frontier, and in contact with the Indian tribes 
and villages, the reason of that desire to prosecute and punish m such in- 
stances, is obvious. It is simply to guard against a danger common to all, 
saloon-keeper and ordinary citizen,from such indlscrinmiate sale ot this per- 
ilous element in frontier society. 

I do not hesitate to say that owing to the most peculiar topographical and 
geogi-aphlcal features ot Alaska, with Its numerous mountainous islands, its 
rugged and forbidding mainland, its infinite number ol narrow straits and 
sounds, timbered to the very edge of the water, and with the whole of South- 
eastern .Alaska, island and mainland, covered with adense underbrush forhun- 
dreds ot miles ot coast line, and with every facility for smuggling and hiding, 
furnished by the bay trading posts m Northern British Columbia, it is practi- 
cally impossible to aiTest the illegal introduction of intoxicating liquors Into 
our Alaska territory. It public sentiment were pr.actically unanimous in 
favor ot enforcing the law, which it Is not by any means, there is no remedv, 
under existing conditions, in a prohibitoi-y law, such as the act ot May 14,1884. 
A coast-guard of 5,000 men loyally attempting to do their whole duty could 
make it little better than it is now. 



I believe far greater and more satisfactory results can be reached by an 
authorized license system, and this, in my opinion, would enlist every mdl- 
vidual paying the license fee in the effort to rigidly enforce such a lloensa 
system, 

I shall be glad if you will see Senator Jones of Arkansas, wio knows me 
well, .and he will give you an idea ol my general character. 
Yours, respectfullj', 

JNO. H. KEATLEY. 
Hon. J. N. DoLPH, 

Senate Chamber, )yashingion, V. C. 

BUREAU OF AMERICAN REPUBLICS BULLETINS. 

Mr. MANDERSON submitted the following concurrent reso- 
lution; which was referred to the Committee on Printing: 

liesolved by the Senate (J,he House of Hepresentatives concurring therein). That 
there be printed 15 01)0 copies of the' bulletins of the Bureau of American Re- 
publics submitted to Congress by the President In connection with the first 
annual report of that Bureau, of which number 4,000 shall be for the nse of 
members ot the Senate. 8,000 for the use ot the Members and Delegates of 
the House of Representatives, and 3,000 for distribution tmder the direction 
of the Secretary ot State. 

MARRIAGE AND DIVORCE. 

Mr. KYLE. In pursuance of the notice given by me last Mon- 
day, I wish to call up the joint resolution (S. R. 29) proposing an 
amendment to the Constitution of the United States relating to 
marriage and divorce. I ask that the joint resolution be read. 

The VICE-PRESIDENT. The joint resolution will be read. 

The Chief Clerk read the joint resolution, as follows: 

Resolved by the Senate and House of Bepresentatives of the United States of 
America in Congress assembled {two-thirds of each House concurring therein). 
That the following article be proposed to the Legislatures of the several 
States as an amendment to the Constitution of the United States, wlilch, 
when raUtled by three-fourths of said Legislatures, shall be vaUd as a part of 
the Constitution, namely: 

"ARTICLE XVI. 

"The Congress shall have exclusive power to regulate marriage and divorce 
in the several States. TeiTltories. and the District of Columbia." 

Mr. KYLE. Mr. President, it is with deference to long-estab- 
lished custom that I rise to address this honorable body. But 
my interest in the resolution under consideration, supported by 
the concern of a large body of our best citizenship for the per- 
petuity of the family, may answer for what appears to be an in- 
novation. 

How far it may bo a custom in Congress to give attention to 
questions of this natiu-e, and to what extent there may now be a 
willingness to consider a resolution of such importance, I know- 
not. 

But it is my belief, Mr. President, that wo can well afford to 
turn from questions, such as claims and public buildings, to a 
subject which is eminently fitting to command the attention of 
our country's wisest and best minds. This is a proposition for 
an amendment to our national Constitution. In this there is 
notliing new or strange. 

Since the framing of the Constitution fifteen amendments have 
been offered and adopted. But I venture the assertion that, as 
compared with those preceding, the proposed amendment stands 
preeminent as being of vital interest to the life of our Republic. 
Of the fifteen preceding amendments, ten were proposed by the 
First Congress in 1789, the eleventh in 1794, and the twelfth in 
1803. 

Many of these relate to the rights of citizens, and are, so to 
speak, the finishings of the Constitution. The last three adopted 
since 1865, relating to or growing out of the war, present the first 
real amendatory ideas not foreseen by the fathers of the Consti- 
tution. They refer to slavery, citizenship, and the electoral right, 
and are therefore of great moment. But the first institution 
given to mankind is greater than all questions touching subse- 
quent rights between man and man. If the sacredness which has 
attached to marriage in the past is to be eliminated, the family 
is in peril, and the associate institutions of society rest upon in- 
secure foundations. 

It is not my purpose to-day to examine the moral side of the 
question, though I firmly believe in marriage as a moral insti- 
tution. But from a secular standpoint and in the light of a civil 
contract, it is of vital interest to us that the, sacredness of it be 
held inviolate. We have arrived at a period in the history of 
nations when problems of sociology supersede all others. Wars 
for conquest are practically ended. Governments are well de- 
fined and established. The eyes of nations are now turned from 
the external to the internal; from the objective to the subjective. 
Questions, such as crime in relation to society, confront us; tem- 
perance and society; the wage system and society; wealth and 
poverty in relation to society ; education, charity, politics, and re- 
ligion in the same relation. The basis of all sociological prob- 
lems, however, is the familj', and its preservation by proper laws 
regulating marriage and divorce. It is both moral and civil in 
its aspects; but being civil it is not divested of that which makes 
it a contract of a character different from others, and therefore 
demanding special legislative consideration. An eminent judge, 
LordBanhatyne, says: 

Though the origin ol marriage Is a contract, it Is In a different slttiation 
from all others. It Is a contract coeval with and essential to society, while 



1892. 



CONGRESSIONAL RECORD— SENATE. 



831 



rollmentaot of 1863 who paid $300 in money for substitues; which 
was referred to the Committee on Military Affairs. 

Mr. TURPIE presented a petition of Excelsior Assembly, No. 
2672, Knights of Labor, of Washington, D. C, praying for an 
amendment of the Constitution of the United States, providing 
that Senators shall be chosen bj; a direct vote of the people; 
which was referred to the Committee on Privileges and Elec- 
tions. 0,..T.l 

r He also presented a petition of Excelsior Assembly, No. ^hlz, 
Knights of Labor, of Washington, D. C. , praying for the passage 
of legislation which will prevent the immigration or importation 
of Chinese to the United States: which was referred to the Com- 
mittee on Foreign Relations. 

Mr. KYLE presented a petition of citizens of Black Hills, S. 
Dak., praying for the passage of a law prohibiting Chinese_ im- 
migration or importation; which was referred to the Committee 
on Foreign Relations. 

Mr.BRICE presented a petition of 37 ministers and 61 churches, 
representing 8,000 members of the Presbytery of Steubenville, 
Ohio, praying that any appropriation made for the World's Co- 
lumbian Fair be on condition that the gates of the exposition 
shall not be opened to visitors on Sunday; which was referred to 
the Committee on the Quadro-Centennial (Select). 

Ho also presented sundry petitions collected by the National 
Woman's Christian Temperance Union, signed by 321 citizens of 
Ohio, praying that no exposition or exhibition for which appro- 
priations are made by Congress shall be opened on Sunday; which 
wore referred to the Committee on the Quadro-Centennial (Se- 
lect). 

He also presented a petition of Siunmit Council, No. 19, Order 
of United American Mechanics, of Akron, Ohio, praying for the 
enactment of such laws as will prohibit the landing of any more 
emigrants in the United States unless such emigrants comply 
with certain requirements; which was referred to the Committee 
on Immigration. 

Mr. FAULKNER presented the memorial of Katy Stuart, sec- 
retary, and 37 other members of the Young People's Society of 
Christian Endeavor of the Baptist Church of Clai-ksburg, W. 
Va., remonstrating against the opening of the World's Colum- 
bian Fair on Sunday: which was referred to the Committee on 
the Quadro-Centennial (Select). 

Mr. QUAY presented a petition of the Y'oung People's Union 
of Allegheny, Pa., praying for the closing of the World's Co- 
lumbian Fair on Sunday, the prevention of the sale of liquor 
within its gates, and that the art department be managed accord- 
ing to the American standard of purity in art; which was re- 
ferred to the Committee on the Quadro-Centennial (Select). 

He also presented a petition of the Methodist Episcopal Church 
of Elizabeth, Pa., praying that the World's Columbian Fair be 
closed on Sunday; which was referred to the Committee on the 
Qutidro-Centennial (Select). 

He also presented sundry petitions collected by the National 
Woman's Christian Temperance Union, signed by 115 citizens of 
Pennsylvania, praying that no exposition or exhibition for which 
appropriations are made by Congress shall be opened on Sunday; 
which were referred to the Committee on the Quadro-Centennial 
(Select). 

He also presented additional papers to accompany Senate bill 
949. granting a pension to Julius M. Bates; which were referred 
to the Committee on Pensions. 

Mr. KENNA presented a petition of the Young People's So- 
ciety of Christian Endeavor of the Baptist Church of Clarksburg, 
W. Va., praying that the World's Columbian Fair be closed on 
Sunday; which was referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. BLACKBURN presented the petition of James P. Hcn- 
drick and other citizens of Fleming County, Ky., praying tor 
the ratification of the Brussels treaty looking to the suppression 
of the slave and rum traffic In the Congo Free State; which was 
ordered to lie on the table. 

REPORTS OF COMMITTEES. 

Mr. COKE, from the Committee on Commerce, to whom was 
referred the bill (S. lG-16) making Laredo, Tex., a subport of en- 
try, reported it without amendment. 

Mr. VEST, from the Committee on Commerce, to whom was 
referred the bill (S. 1044) authorizing the Continental Bridge 
Company to construct a bridge across the Kio Grande River at 
or near Brownsville, Tex., reported it with amendments. 

He also, from the same committee, to whom was referred the 
bill (S. 1647) to authorize the Alabama Grand Trunk Railroad 
Company to bridge across the Tallapoosa and Coosa Rivers, re- 
ported it with amendments. 

He also, from the same committee, to whom was referred the 
bUl (S. 442) to authorize the construction of a bridge across the 



Missouri River at the city of Yankton, S. Dak., reported it with 
amendments. 

Mr. WASHBURN, from the Committee on Commerce, to 
whom was referred the bUl (S. 846) to authorize and regulate the 
construction of bridges across the Hudson River and the East 
River at the city of New York, and to prescribe the dimensions 
of the same, reported adversely thereon, and the bill was post- 
poned indefinitely. 

He also, from the same committee, to whom was referred the 
bill (S. 455) to authorize the New York and New Jersey Bridge 
Company to construct and maintain a bridge across the Hudson 
River between New York VUy and the State of New Jersey, re- 
ported adversely thereon, and the bill was postponed indefinitely. 
Mr. FRYE subsequently said: There was a bill reported from 
the Committee on Commerce adversely authorizing the building 
of a bridge between New York and New Jersey and it was in- 
definitely postponed. The friends of the bill desire that that 
may be reconsidered and the bill placed on the Calendar with the 
adverse report. I have no objection. 

The PRESIDENT pro (fiiiporc. There were two bills of that 
same description. Will the Senator designate the bill by num- 
ber'? 

Mr. FRYE. It is Senate bill 455 for a bridge between New 
York and New Jersey. The other is a bill for a bridge between 
Brooklyn and New York. 

The PRESIDENT pro tempore. The bill will be placed on the 
Calendar with the adverse report of the committee, if there bo 
no objection, the action of the Senate by which it waa indefinitely 
postponed being reconsidered, if there bo no objection. It is so 
oi'dered . 

Mr. FRYE, from the Committee on Commerce, to whom was 
referred the bUl (S. 869) to provide an American register for the 
barge Sea Bird, of Pertli Amboy, N. J., reported it without 
amendment, and submitted a reiwrt thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 1776) to constitute Newark, in the State of New Jersey, 
a port of immediate transportation, reported it without amend- 
ment. 

He also, from the same committee, to whom was referred the 
bill (S. 1952) to amend an act entitled "An act to amend the stat- 
utes in relation to immediate transportation of dutiable goods, 
and for other purposes," approved June 10, A. D. 1880, by ex- 
tending the privileges of the first and seventh sections thereof 
to the port of St. Augustine, Fla., reported it with amendments. 
He also, from the same committee, to whom was referred the 
bill (S. 1393) to amend an act entitled "An act to amend the 
statutes in relation to immediate transportation of dutiable goods, 
and for other purposes," approved June 10, A. D. 1880, by ex- 
tending the privileges of the first section thereof to the port of 
Fernandina, Fla., reported adversely thereon. 

Mr. PASCO. I ask that that bill bo placed on the Calendar 
with the adverse report of the committee. 

The PRESIDENT pro tempore. The bill will be placed on the 
Calendar with the adverse report of the committee. 

Mr. FRYE, from the Committee on Commerce, to whom was 
referred the bUl (S. 1516) granting the right to erect and main- 
tain dams across the Kansas River, within Shawnee County, in 
the State of Kansas, reported adversely thereon, and the bill was 
postponed indefinitely. 

Mr. ALLEN, from the Committee on Claims, to whom was re- 
ferred the bill (S. 634) to authorize and direct the Secretary of 
War to investigate the claim made for fuel alleged to have been 
taken and used by the United States Army dui-ing the war from 
the property in Chattanooga known as "Cameron Hill,'' and to 
jjrovide for the payment thereof, reported it with an amendment, 
and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 100) for the relief of MosesM. Bane, submitted an advei-se 
report thereon; which was agreed to, and the bill was postponed 
indefinitely. 

Mr. DAVIS, from the Committee on Military Affairs, to whom 
was referred the bill (S. 310) granting an honorable discharge to 
Philip Kurtz, submitted an adverse report thereon, which was 
agreed to, and the bill was postponed indefinitely. 

He also, from the same committee, to whom was referred the 
bUl (S. 52) to reimburse the States of California, Oregon, and 
Nevada for moneys by them expended in the suppression of the 
rebellion, reported it without amendment, and submitted a re- 
port thereon. 

He also, from the same committee, to whom was referred tlio 
bill (S. 1841) for the relief of Daniel McClure, reported it with- 
out amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 1274) to correct the military record of John W. Taylor, 
reported it with amendments, and submitted a report thereon. 



832 



CONGRESSIONAL RECOED— SENATE. 



Eebkuaey 4, 



Mr. WALTHALL, from the Committee on Military Affairs, 
to whom was referred the bill (S. 1181) for the relief of A. J. 
Sampson, submitted an adverse report thereon, which was agreed 
to: and the bill was postponed indefinitely. 

He also, from tlio same committee, to whom was refei'red the 
bill (S. 1479) for the relief of George H. Murdoch, submitted an 
adverse report thereon, \Yhich was agreed to; and the bill was 
postponed indefinitely. 

Mr. BATE, from the Committee on Military Affairs, to whom 
was referred the bill (S. 769) for the relief of Irvine Carman, sub- 
mitted an adverse report thereon, which was agreed to; and the 
bill was postponed indefinitely. 

Mr. PALMER, from the Committee on Military Affairs, to 
whom was referred the bill (S. 92) for the relief of Bvt. Lieut. 
Col. J. Madison Cutts, reported adversely thereon; and the bill 
was postponed indefinitely. 

Mr. CAREY, from the Committee on Education and Labor, to 
whom was referred the bill (S. 1768) to allow thirty days' leave of 
absence to employing in the Bureau of Engraving and Printing, 
reported it with amendments, and submitted a report thereon. 

Mr. HAWLEY, from the Committee on Military Affairs, to 
3m was referred the bill (S. 985) to provide for the enlarge- 
ment of the military post at Fort Wayne, Mich., reported it 
without amendment, and submitted a report thereon. 

Mr. MANDERSON, from the Committee on Military Affairs, 
to whom was referred the bill (S. 521) granting to the State of 
Wyoming certain land in the Fort D. A. Russell militai-y reserva- 
tion for agricultural fair and industrial exposition grounds, and 
for other purposes, reported it with an amendment, and sub- 
mitted a report thereon. 

Ho also, from the same committee, to whom was referred the 
bill (S. 241) making appropriation for the improvement of the 
military reservation known as Fort Walla Walla, in the State of 
Washington, reported it without amendment, and submitted a 
I'ejiort thereon. 

STENOGRAPHER FOR COMMITTEE ON COMMERCE. 

Mr. PADDOCK, from the Committee to Audit and Control the 
Contingent Expenses of the Senate, to whom was referred the 
following resolution, reported it without amendment; and it was 
considered by imanimous consent, and agreed to: 

Eesolved, That the Committee on Commerce be, and the same is hereby, 
authorized to employ a stenographer, from time to time, as may beneces- 
.sary, to report such hearings as may bo hart before said committee, and to 
have the same printed for the use of the committee, and that such steuog- 
raplier be paid out of the contingent fund of the Senate. 

BILLS INTRODUCED. 

Mr. BLACKBURN introduced a bill (S. 2048) for the relief of 
Capt. I. B. Webster, of Louisville, Ky.; which was read twice by 
its title, and, with the accompanying papers, referred to the Com- 
mittee on Military Affairs. 

Mr. DAWES introduced a bill (S. 2049) to authorize the Sec- 
rotary of the Interior to carry into effect certain recommenda- 
tions of the Mission Indian Commission, and to issue patents for 
certain lands; which was read twice by its title, and referred to 
the Committee on Indian Affairs. 

Mr. BRICE introduced a bill (S. 2050) providing for the erec- 
tion of a monument at Put In Bay, Ohio, commemorative of Com- 
modore Oliver Hazard Perry and those who participated in the 
naval battle of Lake Erie on the 10th day of September, 1813; 
which was read twice by its title, and referred to the Committee 
on the Library. 

He also introduced a bill (S. 2051) to provide for the construc- 
tion of a public building at Fremont, Ohio; which was read twice 
by its title, and referred to the Committee on Public Buildings 
and Grounds. 

He also introduced a bill (S. 2052) for the relief of Charles B. 
Stivers; which was read twice by its title, and referred to the 
Committee on Military Affairs. 

He also introduced a bill (S. 205.3) for the relief of the Gendron 
Iron Wheel Company, of Toledo, Ohio; which was read twice by 
its title, and referred to the Committee on Claims. 

He also introduced a bill (S. 2054) for the relief of Heni'y C. 
Cassidy; which was read twice by it title, and, with the accom- 
jianying papers, referred to the Committee on Post-Offices and 
Po.st-Roads. 

Mr. HARRIS introduced a bill (S. 2055) to erect a post-office 
building in the city of Bristol, State of Tennessee; which was 
read twice by its title, and referred to the Committee on Public 
Buildings and Grounds. 

Mr. SAWYER introduced a bill (S. 2056) to repeal the pro- 
visions of an act entitled "An act to amend sections 4488 and 
4489 of the Revised Statutes, requiring life-saving appliances on 
steamers," approved March 2, 1889, so far as they relate to steam- 
ers plying exclusively upon any of the lakes, bays, or sounds of 
the United States; which was read twice by its title, and referred 
to the Committee on Commerce. 



Mr. CHANDLER introduced a bill (S. 2057) for the relief of 
Mary E. Huestis, widow and executrix of David Huestis, de- 
ceased; which was read twice by its title, and referred to the Com- 
mittee on Patents. 

l^Ir. SHERMAN introduced a bill (S. 2058) to establish the 
I'ank of Arza B. Gilson, of Havana, Ohio, as major of the One 
hundred and sixty-sixth Ohio Volunteers; 'which was read twice 
by its title, and referred to the Committee on Militai-y Affairs. 

Ho also introduced a bill (S.2059) granting a pension to George 
W. Rager; which was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. HISCOCK introduced a bill (S. 2060) granting an increase 
of pension to Daniel Peck: which was read twice by its title, and 
referred to the Committee on Pensions. 

Mr. QUAY introduced a bill (S. 20G1) for the relief of Ter- 
rence O'Laughlin; which was read twice by its title, and referred 
to the Committee on Military Affairs. 

He also introduced a bill (S. 2062) granting an increase of pen- 
sion to Charles J. K. Rosenberg: which was read twice by its 
title, and referred to the Committee on Pensions. 

He also inti'oduced a bill (S. 2063) granting an increase of pen- 
sion to James W. Dunn: which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

He also introduced a bill (S. 2064) granting an increase of pen- 
sion to Henry J. Yates; which was read twice by its title, and 
referred to the Committee on Pensions. 

He also introduced a bill (S. 2065) granting an increase of pen- 
sion to Enock .1. Lewis; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. BUTLER introduced a bill (S. 2066) to pension Anthony 
:M. Kennedy; which was read twice by its title, and referred to 
the Committee on Pensions. 

Mr. CAREY introduced a bill (S. 2067) granting a pension to 
John Reilly; which was read twice by its title, and referred to 
the Committee on Pensions. 

Mr. MANDERSON introducad a bill (S. 2068) extending relief 
to Indian citizens, and for other purposes; which was read twice 
by its title, and referred to the Committee on Indian Affairs. 

JACOB BARR. 

Mr. SHER;MAN. I ask unanimous consent that the bill (S. 
1510) for the relief of Jacob Barr, reported adversely from the 
Committee onMilitary Affairs, bo placed upon the Calendar with 
the adverse report of the committee. 

The PRESIDENT j))-o tempore. The bill will be placed upon 
the Calendar with the adverse report of the committee, if there 
be no objection. It is so ordered. 

EULOGIES ON THE LATE SENATOR PLUMB. 

Mr. PEFFER. I desire to offer a resolution. In explanation 
of it I wish to say that an order was entered some time ago nam- 
ing the 20th day of this month for special services in memory of 
the late Senator Plumb, but upon consultation with a number of 
Senators who expect to take part in the exercises we have con- 
cluded to ask the unanimous consent of the Senate to change the 
day to the 18th from the 20th. 

The PRESIDENT ^)ro tempore. The resolution submitted by 
the Senator from Kansas will be read. 

The resolution was read, as follows: 

Besolved by the Senate. Tliat the order heretofore entered naming .Satur- 
day, the 20th day of the present month, for special services in memory of the 
late Preston B. Phmib. be changed to Thursday, the 18th day of the present 
month. 

The resolution was considered by vmauimous consent, and 
agreed to. 

EXECUTIVE SESSION. 

Mr. HISCOCK. I move that the Senate proceed to the con- 
sideration of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After fifteen minutes spent 
in executive session the doors were reopened. 

ADJOURNMENT TO MONDAY. 

On motion of Mr. CAMERON, it was 

Onlered, That when the Senate adjourn to-day it be to meet on Monday 
next. 

WEST VIRGINIA DIRECT TAX. 

Mr. FAUKLNER. Yesterday, in the absence of both the senior 
and junior Senators from Virginia, the joint resohition (S. R. 
9) to direct the Secretary of the Treasury to pay to the governor 
of the State of West Virginia the sum appropriated by the act of 
Congress entitled "An act to credit and pay to the several States 
and Territories and the District of Columbia all moneys collected 
under the direct tax levied by the act of Congress approved Au- 
gust 5, 1861," was passed by the Senate without objection from 
anyone. I understand that the junior Senator from Virginia 
[Mr. Barbour] has been sick and desires especially to constilt 



1892. 



CONGEESSIONAL RECORD— SENATE. 



913 



ing 200,000 inhabitants and over; which was referred to the Com- 
mfttee on Education and Labor. _ _ rn * 

Mr TURPIE presented a petition of citizens of Jackson County , 
Ind pravino- for the passage of what is known as the Conger 
lard 'bill; which was referred to the Committee on Agriculture 

''°Mr' GIBSON of Maryland presented sundry petitions collected 
bv the National Woman's Christian Temperance Union signed 
bv 61 citizens of Maryland, pi-ay ing that no exposition or exhibi- 
tion for which appropriations are made by Congress shall be 
opened on Sunday; which were referred to the Committee on the 
Quadro-Centenni'al (Select). ,,,.,. , ^r r^ * 

Mr. BRICE presented a petition of 41 citizensof Knox County , 
Ohio," praying for the passage of what is commonly known as the 




praying for the adoption of measures to establish a national de 
partment of health; which was referred to the Committee on 
Agriculture and Forestry. , , „ ^- , 

Mr GALLINGER presented a petition of the Congregational 
Church and Sunday school of Canterbury, N. H., praying for the 
ratification of the so-called Brussels treaty; which was ordered 

to lie on the table. , ., t • , ^ i 

Mr. DANIEL presented a joint resolution of the Legislature ot 
Virginia, praying that the interstate commerce act be extended; 
which was referred to the Committee on Commerce. 

He also presented a joint resolution of the Legislature of Vir- 
ginia praying for the erection of a monument to Matthew Fon- 
taine Maury upon the Ripraps in Hampton Roads, off Old Point, 
Va.; which was referred to the Committee on the Library. 

lie also presented a joint resolution of the Legislature of Vir- 
o-inia, praying for the extension of the navy-yard and the loca- 
tion of a foundry at Norfolk , Va. ; which was referred to the Com- 
mittee on Naval Affairs. , , „, 

Mr. TELLER presented a petition of the Chamber of Com- 
merce of Denver Colo., praying for the cession of the arid lands 
to the various States for the encouragement of irrigation; which 
was referred to the Committee on Irrigation and Reclamation of 
Arid Lands. . . 

Mr ALLISON presented a petition of Algona Grange, No. 
1684, Patrons of Husbandry, of Kossuth County, Iowa, praying 
for the enactment of a law to restore the free bimetallic coinage 
of silver and gold coins; which was referred to the Committee on 

He also presented a petition of Algona Grange, No. 1684, Pa- 
trons of Husbandry, of Kossuth County, Iowa: the petition of P. 
Lawson and other citizens of Clayton County, Iowa, and the pe- 
tition of J. Stewart and other citizens of Black Hawk County, 
lOwa praying for the passage of what is commonly known as the 
option bill: which were referred to the Committee on the Judi- 

''^He also presented the petition of "William J. Kruger and other 
citizensof Clayton County, Iowa, and the petition of A.W. Crouch 
and other citizens of Sac County, Iowa, praying for the passage 
of what is commonly known as the Conger lard bill; which were 
referred to the Committee on Agriculture and Forestry. 

He also presented a resolution adopted by the Dubuque (Iowa) 
Trades and Labor Congress, favoring the proposition to elect 
Senators by a direct vote of the people; which was referred to 
the Committee on Privileges and Elections. 

He also presented resolutions adopted by the Dubuque (Iowa) 
Trades and Labor Congress, favoring the passage of House bill 
575, relating to immigrants, etc.; which were referred to the Com- 
mittee on Immigration. ,,-,,,, t^ i ,t \ 

He also presented a resolution adopted by the Dubuque (Iowa) 
Trades and Labor Congress, favoring the passage of what is 
known as the Chandler bill to enlarge the ship room and insrease 
the comfort of immigrants, etc.; which was referred to the Com- 
mittee on Immigration. , , ^ , ,-r ■, 

He also presented resolutions adopted by the Dubuque (Iowa) 
Trades and Labor Congress, favoring the passage of a law ex- 
cluding all Chinese laborers from coming into this country, and 
praying special attention to the existing law for that purpose, as it 
is not receiving proper attention; which were ordered to lie on 
the table. 

Mr. SAWYER presented a petition of citizens of Barron 
County, Wis., praying for the passage of what is commonly known 
as the option bill; which was referred to the Committee on Ag- 
riculture and Forestry. . . 

He also presented a petition of the Business Men's Association 
of Sturgeon Bay, Wis., praying for the purchase by the Gov- 
ernment of the Sturgeon Bay Ship Canal, and that navigation 
thereof be made free; which was referred to the Committee on 
Commerce. 



Mr. COCKBELL presented resolutions adopted by the Busi- 
ness Men's Association of Lexington, Mo., favoring the improve- 
ment of the Missouri and Mississippi Rivers and their navigable 
tributaries; which were referred to the Committee on Commerce. 

WITHDRAWAL OF MEMORIAL. 

Mr. PEFPER. I ask leave to withdraw a memorial that I had 
the honor to present a few days ago. It was the memorial of 
John Cowden, of Washington, D. C, relative to the_ construc- 
tion of bridges across the Missouri River. It is a private mat- 
ter and Mr. Cowden wishes to have it withdrawn. 

The VICE-PRESIDENT. The Senator fnmi Kansas will be 
permitted to withdraw the mc>morial referred to by him if there 
be no objection. The Chair hears none. 

REPORTS OF COMMITTEES. 

Mr. SHERMAN, from the Comniittc^eon Foreign Relations, to 
whom was referred the bill (S. 1971) providing for the appoint- 
ment of representatives from the United States to the Colum- 
bian Historical Exposition at Madrid in 1892, reported it with an 
amendment. 

Mr. McMillan, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (S. 14,"jO) to incorporate the 
Zoo Street Railway Company of the District of Columbia, s^b-_ 
mitted an adverse report thereon; which was agreed to, and 
bill was postponed indefinitely. 

He also, from the same committee, to whom was referred the 
bill (S. 1477) to incorporate the Cro.ss-Town Railroad of the I)is^ 
trict of Columbia, submitted an adver.se report thereon; 
was agreed to, and the bill was ijostponed indefinitely. 

Mr. DOLPH. By direction of the Committee on Public Lands 
I report ad vei-sely the bill (S. 1.J34) to resurvey township 18, range 
9 west, (ith jirincipal meridian of Kansas. 

Mr. PERKINS. I ask that the bill may go on the Calendar. 
I reooo-nize that the report is right with the information that we 
have at the time, but I hope that further investigation may jus- 
tify the committee in changing the report. 

The VICI'>PRESID!<:NT. The bill will bo placed upon the 
Calendar with the adverse report of the; committee. 

Mr. DOLPH. By direction of the Committee on Public Lands 
I report back the bill (S. 1963) to incorporate the YcUowstono 
Park Company. The committee is aware that measures relating 
to the Yellowstone Park have heretofore been referred tfl the 
Committee on Territories. Not wishing to divide the jurisdic- 
tion imon this question I am instructed by the Committee on 
Public Lands to report back the bill with the recommendation 
and request that it bo referred to the Committee on Territories. 
The report was agreed to. 

Mr. PROCTOR, from the Committee on Military Affairs, to 
whom were referred the following bills, submitted adverse re- 
Ijorts thereon; which were agreed to, and the bills wei-e post- 
poned indefinitely: ,,-,., . -r .-u T 
A bill (S. 329) granting an honorable discharge to Luther L. 
Martin; and 
A bill (S. 519) for the relief of Francis Irsch. 
Mr. PROCTOR also, from the Committee on Military Affairs, to 
whom were referred the following bills, reported them severally 
without amendment, and submitted reports thereon: 

A bill (S. 1039) to define the grade of certain medical officers 
of the Army, and for other purposes: and 

A bill (S. 1040) authorizing the Secretary of War to lease cer- 
tain public property, n ,,. 

Ml- SANDERS. I am directed by the Committee on Public 
Lands to report back the bill (S. 607) changing the boundaries of 
the Yellowstone National Park, and for other pin-poses. The 
bill pertains to the public lands of the United States as well as 
to the Yellowstone National Park, and I report it with a recom- 
mendation that it be referred to the Committee on Territories, 
having charge of the park. 
The report was agreed to. 

Mr WILSON, from the Committee on the Judiciary, to whom 
was referred the bill (S. 1988) to amend sections 2139,2140, and 
2141 of the Revised Statutes, reported it without amendment. 

He also, from the same committee, to whom was I'cferred the 
bill (S 1418) to amend an act entitled "An act to divide the judi- 
cial district of North Dakota,'' reported it with an amendment. 
Mr. MORRILL, from the Committee on Finance, to whom 
were referred the following bills, reported them severally with- 
out amendment, and submitted a rejiort thereon: 

A bill (S. 1538) for the relief of the heir ot James S. Ham, 

A hill (S. 1539) for the relief ot the heirs of John W. Vose. 

Mr PEFFER, from the Committee on Claims, to whom was 
referred the bill (S. 567) for the relief of Paul McCornnek, re 
ported itwithan amendment, and submitted a report tnc'-eon. 



por 



Mr. SAWYER, from the Committee on Post-OfKces and Post- 



XXIII 58 



914 



CONGRESSIONAL RECORD— SENATE. 



Eebeuaey 8, 



Boads, to whom were referred the following bills, reported them 
severally without amendment, and submitted reports thereon: 

A bill (S. 479) for the relief of Mrs. E. Trask; and 

A bill (S. 390) authorizing and directing the Secretary of the 
Treasury to pay to Frank Rother $225 due him for services as 
route agent. 

Mr. SAWYER, from the Committee on Commerce, to whom 
was referred the bill (S. 1310) to amend section 3117 of the Re- 
vised Statut<is of the United States, in relation to the coasting 
trade on the Great Lakes, reported it without amendmeht. 

Mr. FAULKNER, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (S. 1741) to vest the title to 
public square 1102, in the city of Washington, D. C, in the trus- 
tees of tho Fourth Street Methodist Episcopal Church, and for 
Other purposes, reported it without amendment. 
U^^ y. Mr. HIGGINS, from tho Committee on the District of Colum- 

***^ TJWrto whom was referred the bill (S. 1931) to amend an act en- 
titled "An act making appropriations to provide for the expenses 
of the government of the District of Columbia for the fiscal year 
ending June 30, 1882, and for other purposes," approved March 
3, 1881, reported it without amendment, and submitted a report 
thereon. 

Mr. VEST, from tho Committee on Commerce, to whom were 
referred the following bills, reported them each with amend- 
ments: 

A bill (S. 1643) authorizing the Velasco Terminal Railway 
Company to construct a bridge across the Brazos River, in the 
State of Texas; and 

A bill (S. 1750) to authorize the construction of a bridge across 
the Missouri River at some accessible point within 2 mUes 
north and 2 miles south of the city of Leavenworth, in the county 
of Leavenworth, in the State of Kansas. 

He also, from the Committee on Public Buildings and Grounds, 
to whom were referred the following bills, reported them sever- 
ally without amendment, and submitted reports thereon: 

A bill (S. 1202) to increase the limit of cost for the erection of 
a public building in Camden, N. J.; 

A bill (S. 1926) to provide for the construction of a public build- 
ing in Bridgeton, N. J.; and 

A bill (S. 1996) to provide for the pm-ohase of a site and the 
erection of a public building thereon at Joplin, in the State of 
Missouri. 

Mr. MITCHELL, from the Committee on Transportation 
Routes to the Seaboard , to whom was referred the bill ( S . 525) mak- 
ing an appropriation for tho construction of a boat railway at The 
Dalles and Celilo Falls and Ton-Mile Rapids of the Columbia 
River, and lor the improvement of Three-MUe Rapids, reported 
it with an amendment, and submitted a report thereon. 

He also, from the Committee on the Judiciary, to whom was 
refori-ed tho bill (H. R. 1487) to remove the political disabilities 
of John R. F. Tatnall, reported it without amendment. 

Mr. COKE, from the Committee on Commerce, to whom was 
referred the bill (S. 1645) making Velasco a subport of entry, re- 
ported it without amendment. 

Mr. DANIEL, from the Committee on Public BuUdings and 
Grounds, to whom was referred tho bill (S. 1545) to provide for 
the erection of a public building at Bedford City, Va., reported it 
with amendments, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 1925) to provide for the erection of a post-office building 
at Fortress Monroe, Va., reported it without amendment. 

Mr. PASCO, from the Committee on Public Buildings and 
Grounds, to whom was referred the bill (S. 076) for the erection 
of a public building at Laredo, Tex., reported it without amend- 
ment, and submitted a report thereon. 

USE OP LINE-CARRYING PROJECTILES. 

Mr. SAWYER. I am directed by the Committee on Com- 
merce, to whom was referred tho bill (S. 2056) to repeal the provi- 
sions of an act entitled "An act to amend sections 4488 and 4489 
of the Revised Statutes, requiring life-saving appliances on 
steamers," approved March 2, 1889, so far as they relate to 
steamers plying' exclusively upon any of the lakes, bays, or 
sounds of the United States, to report it back favorably, without 
amendment; and I am also directed by the committee to ask for 
immediate action upon the bill, as it is important. 

The VICE-PRESIDENT. The bill will be read fMj||j^inaaL. 
tion subject to objection. 

The Chief Clerk read the bill, and, there being no objection, 
the Senate, as in Committee of the Whole, proceeded to its con- 
sideration. It proposes to repeal the provisions of an act en- 
titled "An act to amend sections 4488 and 4489 of the Revised 
Statutes, requiring life-saving appliances on steamers," approved 
March 2, 1889, so far as they relate to the carrying of line-cai-ry- 
ing projectiles and the means of propelling them on steamers 



plj'ing exclusively upon any of the lakes, bays, or sounds of the 
United States.- But nothing contained in the act shall be con- 
strued to repeal or affect the provisions so far as they apply to 
ocean-going steamers. 

Mr. COCKRELL. When was the bill reported — this morn- 
ing? 

The VICE-PRESIDENT. This morning. 

Mr. COCKRELL. Let us have some explanation of it. 

Mr. FRYE. The Committee on Commerce authorized the Sen- 
ator from Wisconsin [Mr. Sawyer] to ask for the immediate con- 
sideration of the bill because the season in the lakes commences 
about the first of March, and we have been suspending this law 
so far as the lakes were concerned for the last three or four years. 
We ]iave not reported in favor of a general repeal of the law be- 
cause the matter related to human life, and the committee de- 
sired to go very slowly indeed in relation to it. 

The Secretary of the Treasury, by resolution of the Senate, last 
year was requested to have this matter thoroughly investigated 
by experts and to report to the Senate. That investigation 
during vacation has been made, and they report very decidedly in 
favor of a repeal of the law so far as vessels exclusively used in 
lakes, sounds, and bays are concerned. This bill simply carries 
out that recommendation, repealing the law so far as steamships 
are concerned exclusively used in lakes, bays, and sounds. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

BILLS INTRODUCED. 

Mr. VANCE introduced a bill (S. 2069) for the relief of G. M. 
Woodruff; which was read twice by its title, and, with the ac- 
companying papers, i-eferred to the Committee on Claims. 

Mr. BUTLER introduced a biU (S. 2070) for the relief of tho 
heir of Hamilton Slawson, jr.; which was read twice byits title, 
and referred to the Committee on Claims. 

Mr. GIBSON of Maryland introduced a bill (S. 2071) granting 
a pension to Elizabeth M. Black; which was read twice by its 
title, and referred to the Committee on Pensions. 

Mr. CULLOM introduced a bill (S. 2072) to provide for the pur- 
chase of a site and the erection of a public building thereon at 
Pekin, in the State of Illinois; which was read twice by its title, 
and, with the accompanying papers, referred to the Committeo 
on Public Buildings and Grounds. 

He also introduced a bill (S. 2073) to remove the charge of de- 
sertion from tho military record of Lewis D. Simmondsj which 
was read twice by its title, and referred to the Committee on 
Military AITairs. 

He also introduced a bill (S. 2074) for the relief of Eugene B. 
Payne; which was read twice byits title, and, with the accom- 
panying papers, referred to tho Committee on Pensions. 

Mr. ALLISON introduced a bill (S. 2075) granting a pension 
to Mrs. Mahala Wood; which was read twice by its title, and 
referred to the Committee on Pensions. 

He also introduced a bill (S. 2076) for the erection of a public 
building at Creston, Iowa; which was read twice by its title, and 
refei'red the Committee on Public Buildings and Grounds. 

He also introduced a bill (S. 2077) for the erection of a public 
building in Atlantic, Iowa; which was read twice by its title, 
and referred to the Committee on Public Buildings and Groxmds. 

Mr. DIXON introduced a biU (S. 2078) creating the office of 
private secretary to the Commissioner of Patents; which was 
read twice by its title, and referred to the Committee on Patents. 

Mr. SHERMAN introduced a bill (S. 2079) for the relief of 
Ebenezer Comstock; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Military 
Affairs. 

He also introduced a bill (S. 2080) granting an honorable dis- 
charge to Barnes Robinson; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on INIilitary Affairs. 

Mr. DAVIS introduced a bill (S. 2081) to grant the Duluth, 
Missabe and NorthertrRailway Company a right of way through 
the Fond du Lac Indian Reservation in tho State of Minnesota, 
and for other purposes; which was read twice by its title, and re- 
ferred to the Committee on Indian Affairs. 

Islr. MCMILLAN introduced a bill {S. 2082) to provide for tho 
^jKction of a municipal building in tlae city of Washington, D. 
"c!; which was read twice by its title, and, with tho accompany- 
ing papers, referred to the Committee on Public Buildings and 
Grounds. 

Mr. PROCTOR introduced a bill (S. 2083) to provide for tho 
enlistment as part of the Army of a force not exceeding 3,000 In- 
dians; which was read twice by its title, and referred to the 
Committee on MUitai-y Affairs. 

He also introduced a bill (S. 2084) to amend the Articles d War; 



1892. 



CONGRESSIONAL RECORD— SENATE. 



957 



which was read twice by its title, and, with the accompanying 
papers, referred to the Committee on Pensions. 

Mr. SHERMAN. I introduce a bill, prepared at the Treasury 
Department, to prohibit the coming of Chinese persons into the 
United States, and for other purposes. The bill was framed in 
the Department with a view to carry out the provisions of the ex- 
isting laws in regard to Chinese immigration. It is aeeompa- 
niedby correspondence which sets out the objects and purposes 
of the bill. I ask that the accompanying papers be printed with 
the bill, and that it be referred to the Committee on Foreign 
Relations. ^, . 

The bill (S. 2109) to prohibit the commg of Chinese persons 
into the United States, whether subjects of the Chinese Empire 
or otherwise, and to provide for registration and certificates of 
residence, and determine the status of all Chinese persons now 
resident in the United States, and fixing penalties and punish- 
ments for violation of this act, and providing for deportation of 
criminals, was read twice by its title. 

Mr. DOLPH. I should like to ask the Senator from Ohio to 
state again the purpose of the bill. 

Mr. SHERMAN. The bill was prepared at the Treasury De- 
partment to enable the Department more readily and properly 
to enforce the provisions of the existing laws in regard to Chinese 
immigration. 

]Mr. DOLPH. The Senator is aware that the Committee on 
Foreign Relations reported a bill covering that subject, which is 
on the Calendar. 

Mr. SHERMAN. I know; but that relates simply to the ex- 
tension of time and not to details, which are set out in this bill. 
It is quite a long bill. As a matter of course, it will be referred 
to the Committee on Foreign Relations, and the Senator will 
see it. 

The VICE-PRESIDENT. The bill will be referred to the Com- 
mittee on Foreign Relations, with the accompanying papers, 
which will be printed. 

Mr. SHERMAN introduced a bill (S. 2110) for the relief of 
Henry Halteman; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Military 
Affairs. 

He also introduced a bill (S. 2111) to correct the record of 
Christopher Parish; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Military 
Affairs. 

He also introduced a bill (S. 2112) granting a pension to Lu- 
cinda Roberts; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Pensions. 

Mr. SANDERS introduced a bill (S. 2113) amending section 
2139 of the Revised Statutes, relating to the sale of intoxicants to 
Indians; which was read twice by its title. 

Mr. SANDERS. I ask that the bill be referred to the Com- 
mittee on Indian Affairs. 

Mr. WILSON. I desire to call the attention of the Senator 
from Montana to the fact that the Committee on the Judiciary 
reported a bill covering the entire subject of the sale of liquors 
to Indians in the Indian Territory, and that it is sufficiently com- 
prehensive to include all classes of intoxicating liquors. 

Mr. SANDERS. In that case I will ask that the bill be re- 
ferred to the Committee on the Judiciary. I had contemplated 
that the Committee on Indian Affairs might examine it, possibly 
cliange it, and then ask to have it referred to the Committee on 
the Judiciary, to which it would ultimately appropriately belong. 

Mr. WILSON. I will state that before referring the bill re- 
ported from the Judiciary Committee to that committee I con- 
sulted with the chairman of the Committee on Indian Affairs, 
and the bill to which I called attention has been reported unani- 
mo\isly by the Committee on the Judiciary. 

The VICE-PRESIDENT. The bill will be referred to the 
Committee on the Judiciary. 

Mr. SANDERS introduced a bill (S. 2114) for the relief of Wil- 
liam H. Rhett; which was read twice by its title, and referred 
to the Committee on Claims. 

He also introduced a bill (S. 2115) for the relief of Henry R. 
Horr; which was read twice by its title, and referred to the 
Committee on Claims. 

He also introduced a bill (S. 2116) for the relief of Ellen P. 
Clark; which was read twice by its title, and referred to the 
Committee on Claims. 

He also introduced a bill (S. 2117) to prevent the sale of fire- 
arms and ammunition to Indians and providing for their dis- 
armament; which was read twice by its title, and referred to the 
Committee on Indian Affairs. 

He also introduced a bill (S. 2118) restoring the name of Ellen 
De Witt Hatch to the pension rolls of the United States; which 
was read twice by its title, and referred to the Committee on 
Pensions, 



He also introduced a bill (S. 2119) granting a pension to Eliza 
Adalaide Ball; which was read twice by its title, and referred to 

the Committee on Pensions. 

He also introduced a bill (S. 2120) declaring the function of 
patents for lands in confirmation of statutory grants thereof in 
certain cases; which was I'ead twice by its title, and referred to 
the Committee on Public Lands. 

Mr. WASHBURN introduced a bill (S. 2121) for the erection 
of a public building at Crookston, Minn.; which was road twice 
by its title, and referred to the Committee on Public Buildings 
and Grounds. 

Mr. PELTON introduced a bill (S. 2122) making an appropri- 
ation for the improvement of Alviso River, or slough, in the 
State of California; which wasi'ead twice by its title, and referred 
to the Committee on Commerce. 

He also introduced a bill {S. 2123) to set apart a tract of land 
in the State of California for the use of the Lick Observatory of 
the astronomical department of the University of California; 
which was read twice by its title, and referred to the Committee 
on Public Lands. 

Mr. PADDOCK introduced a bill (S. 2124) granting an increase 
of pension to Anne M. Abbott; which was read twice by its title, 
and referred to the Committee on Pensions. 

Mr. McMILLIN (by request) introduced a bill (S. 2125) to au- 
thorize the construction of a bridge over the Anacostia River, in 
the District of Columbia; which was read twice by its title, 
referi'ed to the Committee on the District of Columbia. 

He also introduced a bill (S. 2126) for the relief of Catherine 
E. Whitall; which was read twice by its title, and referred to tj^ 
Committee on Claims. 

Mr. COCKRELL introduced a bill (S. 2127) granting an in- 
crease of pension to Clara B. Davidson; which was roa<l twice by 
its title, and, with the accompanying papers, referred to the Com- 
mittee ou Pensions. 

Mr. PASCO (by request) introduced a bill _(S. 2128) for the re- 
lief of John S. Sammis; which was read twice by its title, and 
referred to the Committee on Claims. 

Mr. WHITE (by request) introduced a bill fS. 2129) for the re- 
lief of AmireR. Hertzog. of Natchitoches, La., for stores and sup- 
]dies taken from her by the military forces of the United States 
during the war for the suppression of the rebellion; which was 
read twice by its title, and referred to the Committee on Claims. 

Mr. PLATT introduced a bill (S. 2130) for the relief of Mrs. 
Mary P. C. Hooper; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Patents. 

Mr. SAWYER introduced a bill (S. 2131) to correct the mili- 
tary record of Homer K. Nichols; which was read twice liy its 
title, and, with the accompanying papers, referred to the Com- 
mittee on Military Affairs. 

Mr. BLACKBURN introduced a bill (S. 2132) for the relief of 
Thierman &; Frost; which was read twice by its title, and re- 
ferred to the Committee on Claims. 

Mr. GEORGE introduced a bill (S. 2133) to repeal the internal- 
revenue tax on the circulation of bank notes issued under State 
authority: which was read twice by its title. 

Mr. GEORGE. This bill is an exact copy of one I introd\iced 
at the last session and upon which the Committee on Finance 
made no report. Two other bills of a similar character have 
been introduced at this session and referred to the committee. 
I move that the bill be referred to the Committee on Finance 
with the hope that they will make a report upon it. 

The motion was agreed to. 

Mr. TURPIE (by request) introduced a bill (S. 2134) granting 
a pension to John "F. Langenbough; which was read twice by its 
title, and referred to the Committee on Pensions. 

Mr. PERKINS introduced a bill (S. 2135) to provide for the 
sale of surplus or unallotted lands of the Ottawa Indians of the 
Indian Territory; which was read twice by its title, and referred 
to the Committee ou Indian Affairs. 

He also introduced a bill (S. 2136) to amend an act entitled 
•'An act to incorporate the National Union Insurance Company 
of Washington," approved February 14, 1865; which was read 
twice by its title, and referred to the Committee on the District 
of Columbia. 

Mr. SANDERS introduced a joint resolution (S. R. 39) to pro- 
vide fw removing obstructions in the Clarke Fork of the Colum- 
bia River, and making an appropriation therefor: which was read 
twice by its title. 

Mr. SANDERS. I move that the joint resolution be referred, 
for the present, to the Committee on Fisheries. 

The motion was agreed to. 

Mr. GIBSON of Louisiana. I introduce a joint resolution and 
ask that it may be read in full and referred to the Committee on 
Agriculture and Forestry. . . ^ • 

The joint resolution (S. R. 40) creating a commission to inquire 



958 



CONGEESHIONAL liECOKD— SENATE. 



FEBEUiVEY 9, 



into the causes of depi'ession in the prices of agricultural products 
and how far they may be removed by legislation was read the 
first time by its title and the second time at length, as follows: 

Sesolved by the Senate and House of Bepresentalives, etc.. That a commission 
is hereby authorlzea and constituted, to consist of five Senators, to be ap- 
toluted by the Senate, seven members of the House of Representatives, to be 
anpolnted by the Speaker, and experts, not exceeding three in number, to be 
elected by and associated with them, with the authority to determine the 
times and places of meeting, and to take evidence, and whose duty It shall be 
to uiquu-e into the depressed condition of the agricultiu-al Interest and low 
prices of agricultural pi-oduots, especially of cotton, and the causes thereof; 
whether those causes are of a permanent character, and how far they have 
been created or can be remedied by legislation, and to report by bill or other- 
wise. 

The VICE-PRESIDENT. Thejointresolutionwillbereferred 
to the Committee on Agriculture and Forestry. 

]\Ir. PETTIGREW introduced a joint resolution (S. R. 41) ex- 
tending an invitation to the Presidents of the American Repub- 
lics and the governors of the American Colonies to participate 
in the World's Columbian Exposition; which was read twice by 
its title, and referred to the Committee on the Quadro-Centen- 
nial (Select). 

He also introduced a joint resolution (S. R. 42) extending an 
invitation to the King and Queen of Spain, and the descendants 
of Columbus, to participate in the World's Columbian Exposi- 
tion; which was read twice by its title, and referred to the Com- 
mittee on the Quadro-Centennial (Select). 

He also introduced a joint resolution (S. R. 43) requesting the 
loan of certain articles for the World's Columbian Exposition; 
which was read twice by its title, and referred to the Committee 
on the Quadro-Centennial (Select). 

He also introduced a joint resolution (S. R. 44) authorizing the 
Librarian of Congress to exhibit certain documents at the 
World's Columbian Exposition; which was read twice by its title, 
and referred to the Committee on the Quadro-Centennial (Se- 
lect). 

PAPERS WITHDRAWN AND REFERRED. 

On motion of Mr. PASCO, it was 

Ordered, That the papers in the case of Mrs. Mary E. Boyd be withdrawn 
from the files of the Senate and referred to the Committee on Claims. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House had passed 
the following bills; in which 'it requested the concurrence of the 
Senate: 

A bill (H. R. 410) to amend the charter of the Eckington and 
Soldiers' Home Railway Company; 

A bill (H. R. 4107) to change the corporate name of the National 
Safety Deposit Company of Washington; and 

A bill (H. R. 4429) to empower the Commissioners of the Dis- 
trict of Columbia to grant respites and pardons in certain cases. 

The message also announced that the House had passed a con- 
current resolution providing for the printing of 10,000 copies of 
the addresses delivered in the House of Representatives on Jan- 
uary 21, 1892, upon the presentation of the portraits of Hon. Galu- 
Bha A. Grow and Hon. Samuel J. Randall by the Commonwealth 
of Pennsylvania. 

ENROLXiED BILIi SIGNED. 

The message further annoimced that the Speaker of the House 
had signed the enrolled bill (S. 1604) to provide for the creation 
gf a fourth judicial district in the Territory of Utah; and it was 
thereupon signed by the Vice-President. 

REMOVAL OP UTE INDIANS. 

Mr. DAWES submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

Jiesolved, That there be reprinted for the use of the Senate Ex. Doc. No. 67 
of the Fiftieth Congress, second session, and with it testimony taken for use 
of Committee on Indian Affairs at said session in relation to the removal of 
the Ute Indians. 

TRANSFER OF REVENUE MARINE. 

Mr. SHERMAN submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

Besolved, That the Secretary of the Treasui-y is hereby directed to com- 
mtmicate to the.Senate any information in his Department In respect to the 
expediency of transferring the Revenue Marine Service to the Navy Depart- 
ment and to express his opinion whether the public service would be pro- 
moted by sitch a change. 

WEST VIRGINIA DIRECT TAX. 

Mr. FAULKNER. Mr. President, several days ago there was 
passed by the Senate, in the absence of the two Senators from 
Virginia, the Joint resolution (S. R. 9) to direct the Secretary of 
the Treasury to pay to the governor of the State of West Vir- 
ginia the sum appropriated by the act of Congress entitled "An 
act to credit and pay to the several States and Territories and 
the District of Columbia all moneys collected under the direct 
tax levied by the act of Congress, approved August 5, 1861." 
The succeeding day, at their request, I entered a motion to re- 



consider the vote by which the joint resolution was passed and 
moved to recall the joint resolution from the possession of the 
other House, to which it had been sent, the understanding at 
tliat time being that if requested by those Senators, after con- 
sultation, I would ask that the motion to reconsider be passed; 
that the joint resolution be reestablished on the Calendar as Or- 
der of Business No. 74, and that it be laid for consideration be- 
fore the Senate. 

In pursuance of that agreement, I now ask unanimous consent 
that the motion to reconsider be agreed to, that the joint reso- 
lution take its place on the Calendar as Order of Business No. 
74, and that it be now laid before the Senate for its consideration. 
The VICE-PRESIDENT. The Chair hears no objection, and 
lays the joint resolution before the Senate as in Committee of 
the Whole. 

Mr. DOLPH. Has the resolution been referred to a commit- 
tee and reported back? 

Mr. FAULKNER. I will state to the Senator that the joint 
resolution has had the unanimous report of the Committee on 
Claims. It was on the Calendar for some time, and passed in the 
regular course of proceeding, and a motion to reconsider en tei-ed. 
The VICE-PRESIDENT. The joint resolution is before the 
Senate as in Committee of the Whole. 

Mr. DANIEL. Mr. President, I move to refer the joint reso- 
lution to the Judiciary Committee. This resolution, which was 
offered by the Senator from West Virginia [Mr. Faulkner] and 
referred to the committee of which he is a member, was reported 
back to the Senate in an elaborate report made by him with the 
indorsement of the entire committee, is one that involves tlie 
relations of the Government of the United States as the holder 
of certain bonds signed by the State of Virginia in 1860, when 
both the States of Virginia and West Virginia were in the Com- 
monwealth of Virginia. 

It is a question of great financial interest to Virginia, involv- 
ing, it may be, an expression of opinion on the part of the Senate 
which will apply to a much larger amount (running up into the 
millions) than that which West Virginia now asks to put into her 
treasury. 

The question involved, apart from its pecuniary importance, 
is one that concerns two States and the Federal Government. In 
its legal aspect, if we regard that alone, it is a question of the 
highest dignity. The position which I occupy upon this subject 
is one which has been expressed by the Attorney-General of the 
United States in an opinion which I shall presently quote for the 
information of the Senate, and the report which was made by the 
honorable Senator from West Virginia is one which undertakes 
to override and to set aside the opinion of the Attorney-General 
of the United States. 

This, Mr. President, can scarcely be regarded as in the nature 
of a claim which should properly in the first instance have been 
referred to the Committee on Claims. There was no question as 
to the facts of the case and no fact for it to investigate. The 
mere question was whether or not the Attorney-General of the 
United States, who is the highest legal ofQcer in this Govern- 
ment in an advisory relation to the President, should be over- 
ridden and an amount acknowledged to be duo by the Govern- 
ment should bo paid in contravention of his opinion. 

This being the attitude of this matter, it seems to me patent 
that the appropriate reference in the beginning was to the Judi- 
ciary Committee, and I ask that that reference may now be made; 
that a tribunal entirely impartial passing upon a judicial ques- 
tion shall be that tribunal selected by the Senate for such pur- 
pose. 

Mr. MITCHELL. Will the Senator allow me to ask him a 
question? 

Mr. DANIEL. With pleasure. 

Mr. ^HTCHELL. What is the legal question involved in this 
case, in the opinion of the Senator from Virginia? 

Mr. DANIEL. I wUl state the legal question Involved, in the 
language of the Attorney-General, by reading his opinion to the 
Senate. 

The VICE-PRESIDENT. The time of the Senator has ex- 
pired. 

Mr. STEWART, I hope the Senator will be allowed by unani- 
mous consent to complete his statement in regard to the pending 

matter. . ,.^^ , . ,. , 

The VICE-PRESIDENT. Is there objection.-' [No objection.] 
The Chair hears none, and the Senator from Virginia will pro- 
ceed. ^ •, . , i 
Mr. DANIEL. The opinion of the Attorney-General, in a let- 
ter addressed to the Secretary of the Treasury, is as follows: 

DEPABTiiEKT OP Justice, Washington, D. C, August 11, 1S91. 

Sm: By your letter of AprU 13 last, you ask whether, under the law, the 

Secretary of the Treasiuy is authorized and required to retain the whole or 

any part of the amount due to the State of West Virgmia on account of the 

refund of dn-ect taxes, under the act approved March 2, 1891, by reason of the 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



1019 



are defined that he shall perfoi'm. I will suggest in reprinting- 
the bill that those sections be transposed so as to make section 
18 section 1, section 7 section 2, section 8 section 3, section 9 sec- 
tion 4, section 10 section 5, and then section 1 section 0, etc. 

Mr. MANDERSON. I think the Senator is mistaken with re- 
gard to that matter. I know that some of the sections to which 
he refers describe the duties of the Joint Committee on Printing 
rather than of the Public Printer. I would sooner not make the 
transposition until wo see the reprint of the bill. 

Mr. GALLINGER. Very well; I have no objection to that. 
I will move an amendment in that form when the bill comes 
back. 

The VICE-PRESIDENT. The order to print the bill as 
amended will be made in the absence of objection. 
EXECUTIVE SESSION. 

Mr. PRYE. I move that the Senate proceed to the considera- 
tion of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After five minutes spent in 
executive session the doors were reopened, and (at 5 o'clock and 
10 minutes p. m.) the Senate adjourned until to-morrow, Thurs- 
day, February 11, 1892, at 12 o'clock m. 



NOMINATIONS. 
Executive nominations received bytlie Senate February 10, 1S92. 

UNITED STATES CIRCUIT JUDGE. 

Walter H. Sanborn, of Minnesota, to be United States cii-cuit 
judge for the eighth judicial circuit, as provided by section 1. 
chapter 517, volume 26, laws 1891, United States Statutes at 
Large. 

ASSOCIATE JUSTICE, SUPREME COURT OF OKLAHOMA. 

John H. Burford, of Oklahoma Territory, to be associate justice 
of the supreme court of the Territory of Oklahoma, vice Abra- 
ham J. Seay, resigned. 

UNITED STATES DISTRICT JUDGE. 
Joseph Buffington, of Pennsylvania, to be United States dis- 
trict judge for the western district of Pennsylvania, vice James 
H. Reed, resigned. 

COMMISSIONER FOR ALASKA. 
William A. Kelly, of Portland, Oregon, to be a commissioner 
in and for the district of Alaska, to reside at Wrangel, vice James 
Sheakley, term expired. 

REGISTER OF LAND OFFICE. 

Henry L. Beese, of Butternut, Wis., to be register of the land 
office at Ashland, Wis., vice Gilbert W. Carrington, term expired. 



CONFIRMATIONS. 
Executive nomination confirmed liy the Senate February S, 1SD2. 

POSTMASTER. 

Louis G. Rathbun, to be postmaster at Elmira, in the countv of 
Chemung and State of New York. 
Executive nominations confirmed by the Senate, February 10, 1S02. 

POSTMASTERS. 

Richard Butler, to be postmaster at Clinton, in the county of 
De Witt and State of Illinois. 

John E. Chatten, to ba postmaster at Oxford, in the county of 
Butler and State of Ohio. 



HOUSE OF EEPEESENTATIVES. 
Wednesday, Fehmari/ 10, 1892. 

The House met at 12 o'clock m. Praver by the Chaplain. Rev. 
W. H. MiLBURN, D. D. 

The Journal of yesterday's proceedings w&s read and approved. 
CORRECTION. 

Mr.WIKE. I rise to correct the Record. I introduced yes- 
terday, under the third clause of Rule XXII, a resolution or series 
of resolutions which I find are not printed in the Record this 
morning. Now, the point I desire to submit 

The SPEAKER. The Clerk informs the Chair that the title 
of the resolution appears in the Record. 

Mr. WIKE. The title of the resolution is printed, but the res- 
olution itself is not. Now, I wish to state in this connection that 
every resolution that has been introduced except the one that I 
introduced yesterday has been printed at length in the Record. 
I wish now to prosecute the inquiry as to what the standard is as 
to when a resolution is entitled to be piinted. 



I will say that the rule on this subject is a substantial if not a 
verbatim copy of the rule of the last Congress; and that under 
the practice of the last Congress all resolutions presented in this 
way were published in full. If there is any discretion as to these 
matters, I desire to find itout: and if the length of the resolution 
is to be measured by any man's foot or his hand, or, what maybe 
more to the point, by his judgment, I want that clearly under- 
stood. 

The SPEAKER. The Chair will state to tlie gentleman from 
Illinois that there is no jirovision in the rules for printing a reso- 
lution in full in the Record under such circumstances. 

Mr. WIKE. I have stated that much myself. 

The SPEAKER. Then what is the gentleman's complaint? 

Mr. WIKE. Under the practice of the last House all resolu- 
tions were printed in full, every resolution submitted; and so far 
in this Congress since the adoption of these rules the same jirac- 
tiee has been followed except in the case of my resolutions. Tliero 
were four other resolutions introduced yesterday which ai-e pub- 
lished in full in the Record, but mine are not. I desire to sub- 
mit to the Chair what is to bo the criterion 

The SPEAKER. The Chair will state to the gentleman that 
the attention of the Chair has never lieon called to this matter, 
but under the rules there is no provision for printing in the 
Record a resolution introduced in this way. Clause 3 of Rule 
XXII provides: 

All other blU.s, memorials, aud resolutions may In like manner be deUv- 
ered. indorsed with the names of members Introducing ihom, to the Stieaker 
to be by him referred, and the title and refei-cuces thereof shall be entered 
on the Journal and i)rinted in the Recokd of the next day. 

Mr. WIKE. But, Mr. Speaker, if I may bo indulged a moment, 
I desire to say that the present rule is a literal copy of the rule 
on this subject which prevailed in the Fifty-first Congress; and 
the practice tlien under the same rule was that all resolutions 
thus introduced should bo published in full, and the practice thus 
far in this House since the adoption of our new rules has been 
the same. 

The SPEAKER. The Chair will have to look into the mat- 
ter 

Mr. WIKE. But I want to submit one further point. The 
Chair stated the other day in reference to permitting members 
to vote after a roll call had been completed, that he was disposed 
to follow what had been the ordinary practice on the subject not- 
withstanding the rule. 

The SPEAKER. That is true, because such a practice was in 
the interest of justice; but the Chair can not, in the face of a 
strict rule of the House, permit a practice which might fill the 
Record with resolutions 

Mr. WIKE. Not necessarily. 

The SPEAKER. The Chair does not see the propriety of such 
a course. The gentleman understands that it every resolution 
introduced were printed in full in the Record it might make 
that publication quite cumbersome. 

Mr. RICHARDSON. I only wish to say that the gentleman 
from Illinois is altogether mistaken in saying that it was cus- 
tomary in the last Congress and in preceding Congresses to print 
resolutions in full in the Record when introduced in this way. 
Such has not hsen the practice since I have been a member. 

Ml'. WIKE. I call the gentleman's attention 

The SPEAKER. There is no question before the House. 

ISIr. WIKE. Before wo leave this subject I ask indulgence to 
submit a request for unanimous consent that these resolutions bo 
printed in the Record. 

The SPEAKER. The Chair will submit that question. The 
gentleman from Illinois asks unanimous consent to print in the 
Record a resolution which he will send up, so that the title may 
be road by the Clerk. 

The Clerk proceeded to read as follows: 
By Mr. Wire: 
Itesolved. That in the judcmeut of this House 

The SPEAKER. The Chair desires the title of the resolution 
only to bo read. Ho will ask the gentleman to state what the 
resolution refers to. 

Mr. WIKE. To the question of revenue and taxation. 

The SPEAKER The gentleman from Illinois asks unanimous 
consent that there bo printed in the Congressional Record a 
resolution the title of wliieh the Clerk will report. 

Mr. RAINES. Let the resolution itself bo road for informa- 
tion. 

The SPEAKER. The Chair will first cause the title to be read, 
after which objection will be asked for to the request. 

The Clerk read as follows: 

Resolutions declaratory of some of the principles governlncr Just taxation 
and instructine the Committee on Ways and Means to report a bill or bills 
enlarging the tree list and reducing compsnsatory, speciUc. and ad valorem 
tariff duties; also to report a bill to le%'>' a graduated income tax on all In- 
comes in excess of $.5,000, to meet any increased demands of the Treasury 
arising from any such reduction of tariff duties or from any other cause 
whatever. 



1020 



CONGRESSIONAL EECOllD— HOUSE. 



Eebruaiiy 10, 



Mr. BUCHANAN of New Jersey. Is that the title of the reso- 
lution which has just been read by the Clerk? 

The SPEAKER. It is. 

Mr. BUCHANAN of New Jersey. If it bears any proportion 
to the length of the title I object to the printing of the resolution. 

The SPEAKER. Objection is made. 

RECIPROCITY TREATIES. 

The SPEAKER laid before the House the following message 
from the President of the United States; which was read, and, 
with theaccompany ing papers, referred to the Committee on Ways 
and Means: 
To the House of Eepreeentatives; 

I transmit herewith, in answer to the resolution ol the Uou«e ol Represent 
atives of the 13th of January last, a report from the Secretary of State and 
accompanying papers. ^^^_^ HARRISON. 

Executive M.insion, Fehniurys, laO'i. 

REFUND OF CUSTOMS DUTIES. 

The SPEAKER also laid before the House a letter from the 
Acting Secretary of the Treasury, transmitting a detailed state- 
ment of the refund of customs duties, etc., for the year ending 
June .30, 1891; which was referred to the Committee on Wa^ and 
Means. 

IMPROVEMENT, YAZOO RIVER. 

The SPEAKER also laid before the House a letter from the 
Secretary of War, transmitting, with a letter from the Chief of 
Engineers, the rcportof the examination and surveys for the im- 
provement of the Yazoo River, Mississippi; which was referred 
to the Committee on Rivers and Harbors. 

IMPROVEMENT, CYPRESS BAYOU. 

The SPEAKER also laid before the House a letter from the 
Secretary of War, transmitting, with a letter from the Chief of 
Engineers, the report of the examination and survey of Cypress 
Bayou to the lakes, between .Jefferson, Tex., and Shrevejiort, 
La.: which was referred to the Committee on Rivers and Harljors. 

RED RIVER OF THE NORTH. 

The SPEAKER also laid before the House a letter from the 
Secretary of War, transmitting, with a lott<>r from the Chief of 
Engineers, the rcportof the examination and survey of the Red 
River of the North and tributaries above Fergus Falls and 
Crookston, Minn., and Big Stone Lake, Minnesota and South 
Dakota; which was referred to the Committee on Rivers and 
Harbors. 

DAVID MILLER VS. THE UNITED STATES. 

The SPEAKER also laid before the House a letter from the as- 
sistant clerk of the Court of Claims, transmitting the lindings 
of the court in the case of David Miller against the United States: 
which was referred to the Committee on War Claims. 

LIFE-SAVING APPLIANCES ON STEAMERS. 

The SPEAKER also laid before the House the bill (S. 20.')()) to 
repeal the provisions of an act entitled "An act to amend sec- 
tions 4488 and 4489 of the Revised Statutes, requiring life-saving 
appliances on steamers,'' approved March 2. 188!), so far as tliey 
relate to steamers plying exclusively upon any of the lakes, bays, 
or sounds of the United States; which was referred to the Com- 
mittee on Interstate and Foreign Commerce. 

LEAVE OP ABSENCE. 

By unanimous consent, leave of absence was granted for ten 
days to Mr. POWERS, on account of important business; and also 
to Mr. NORTON, on motion of Mr. DOCKERY, indefinitely, on ac- 
count of sickness. 

LEAVE TO PRINT. 

Mr. STOUT. Mr. Speaker, I ask unanimous consent that tlic 
I'esolution I have just sent to the desk may be read, and printed 
in the Record. 

Tlie SPEAKER, The Chair will cause the resolution to be 
read, after which objection will be asked for its printing in the 
Record. 

The resolution was read at length. 

The SPEAKER. Is there objection to the printing of the 
resolution in the Record? 

Mr, RICHARD.SON. It has never been customary to print 
I'esolutions in the Record, and I object. 

COMMITTEE ON NAVAL AFFAIRS. 

Mr. HERBERT. Mr. Speaker, I am instructed by the Com- 
mittee on Naval Affairs to ask unanimous consent that the com- 
mittee may have leave to sit during the sessions of the House. 

The SPEAKER. Is there objection t-o the request of the gen- 
tleman from Alabama. 

Thei-e was no objection, and it was so ordered. 



BRIDGE AT BURLINGTON, IOWA. 

Mr. SEERLEY. I ask unjinimous consent for the immediate 
consideration of the bill H. R. 46.'!1. It is a vei'y short bill, and 
relates to the building of a bridge at Burlington. 

The SPEAKER. The gentleman from Iowa [Mr. Seerley] 
asks unanimous consent for the present consideration of the bill 
which will be reported by the Clerk. 

The Clerk read as follows: 
A bill to amend an act entitled "An act to autliori'/.e the construction of a 

railroad, wagon, and foot-passenger bridge at Burlington, Iowa, approved 

August 6, 1888," as amended by act approved February, 21, 1890. 

Be it enacted, etc.. That the time for the commencement and completion of 
said bridge, authorized by said act entitled "An act to authorize the construc- 
tion of a railroad, wagon, and foot-passenger bridge at Burlington, Iowa, ap- 
proved August 6, 1888," as amended by act approved February ai, 1890, be, and 
is hereby, each extended two years from the passage of this act. 

The SPEAKER. Is there objection to the present considera- 
tion of the bill? 

There was no objection. 

The bill was ordered to be engrossed and read a third time; 
and being engrossed, was accordingly read tlie third time, and 
passed. 

On motion of Mr. SEERLEY, a motion to reconsider the last 
vote was laid upon the table. 

CHANGE OF REFERENCE. 
Oirinotion of Mr. WISE, the bill (S. 297) to increase the accom- 
modations at the marine hospital at Detroit, Midi., was, by unan- 
imous consent, recalled from the C'ommittse on Interstate and 
Foreign Commerce and referred to the Committee on Public 
Buildings and Grovmds. 

ADDITIONAL MESSENGERS, HOUSE OF REPRESENTATIVES. 

Mr. RUSK. Mr. Speaker. I submit a jn-ivilegcd report from 
the Committee on Accounts, and ask its immediate consideration. 

The SPEAKER. The Clerk will read the report. 

The Clerk read as follows: 

The Committee on Accounts, to whom was referred the resolution entitled 
"A resolution to appoint special messengers tor the House of Representa- 
tives," have examined and considered the same, and report it bacli lo the 
House and recommend its passage: 

Jtemlceil, That the Doorlieeper of the House of Representatives be, and he 
is hereby, authtn'ized and empowered to appoint two special messengers, to 
be employed as such generally in and about the business of the House during 
the Fifty-second Congress, "who shall be paid a salary of $100 each jier month 
out of the contingent fund of the House, until other pro\'ision shall be made 
for such payments by order of the House or of Congress. 

Mr. RUSK. Mr. Speaker, I will make a brief statement with 
referrence to this i'esolution. 

Mr. HOPKINS of Illinois. Mr. Speaker, I would like to call 
the attention of the gentleman from Missouri [Mr. Dockery] to 
the fact that this is a Congress of retrenchment and reform. 

The SPEAKER. The gentleman from Maryland [Mr. Rusk] 
is entitled to the floor. 

Mr. RUSK. Mr. Speaker, the Committee on Accounts have 
liad the Doorkeeper of the House before them, and are satisfied 
from his statement that additional messengers are necessary. 
Tlie messengers provided for in this resolution will bring the 
force up to the number in the last House. Tlie Doorkee])er has 
informed the committee that ho has been required to take men 
from the folding room and designate them to perform messen- 
gers' duty, while their services are required in the folding room. 
I will state further tliat the Committee on Accounts passed the 
resolution with the understanding that the messengers provided 
for in this resolution are to be accorded to the minority of the 
House. 

Mr. McillLLIN. Mr. Speaker, I rise to a question of order. 
There is so mucli confusion on the floor that it is impossible to 
hear what is being said. 

The SPEAKER. The House will please ba in order._ The 
business transacted at this hour is sometimes extremely impor- 
tant, and members are entitled to hear what is going on. 

Mr. RUSK. I had stated that it was apparently necessary 
from the statement of the Doorkeeper that there should be some 
slight increase in the force of messeng'ers, and I was about to 
further state that the understanding was tliat the two messen- 
gers provided for in this resolution were to be accorded to the 
minority of the House. So far this session one messenger has 
been allowed to the minority of the House, and this provides tw o 
more, so as to bring the number up to the number of messenger- 
allowed the minority in the last House. 

Mr. HOPKINS of Illinois. I wotild like to ask the gentleman 
a question? 

The SPEAKER. Does the gentleman yield for a question? 

Mr. RUSK. For a question. 

Mr. HOPKINS of Illinois. If that side desire to allow extra 
messengers to the minority, why not discharge two messengers 
that are already on the roll on the majority side, appointed by 
the majority, and fill the places witli Republicans, without iof 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



1043 



on Invalid Pensions discliarged, and referred to the Committee 
on Foreign Affairs. 

A bill (H. R. 5428) for the i-elief of the widow and heirs of Sam- 
uel Kramer — Committee on Naval Affairs discharged, and re- 
ferred to the Committee on Claims. 

A bill (H. R. 5288) for the relief of the sufferers by the wreck 
of the United States steamer Tallapoosa — Committee on Naval 
Affairs discharged, andi-eferred to the Committee on Claims. 

A bill (H. R. 42S6) for the relief of Cora Robinson— Commit- 
tee on Invalid Pensions discharged, and referred to the Commit- 
tee on Pensions. 

A bill (H. R. 5505) to remove charge of desertion from the rec- 
ord of Winfield S. Barnett — Committee on Invalid Pensions dis- 
charged, and referred to the Committee on Military Affairs. 

A bill (S. 297) to increase the accommodations at the marine hos- 
pital at Detroit, Mich. — Committee on Commerce discharged 
and referred to the Committee on Public Buildings and Grounds. 

A bill (H. R. 5698) for the relief of Capt. .John T. Bruen, late 
of Tenth Independent Battery of New York Volunteers — Com- 
mittee on Claims discharged, and referred to the Committee on 
"War Claims. 

A bill (H. R. 5089) providing for the adjustment and payment 
of the accounts of laborers and mechanics arising under the eight- 
hour law — Committee on Labor discharged, and referred to the 
Committee on Claims. 

A bill (H. R. 5156) providing for the adjustment of accounts of 
laborers, workmen, and mechanics arising under the eight-hour 
law — Committee on Labor discharged, and referred to the Com- 
mittee on Claims. 

A resolution to reprint Executive Document No. 51, first ses- 
sion, Fiftieth Congress — Committee on Pacific Railroads dis- 
charged, and referred to the Committee on Printing. 



RESOLUTIONS. 

Under clause 3 of Rule XXII, the following resolutions were 
introduced and referred as follows: 

By Mr. STOUT; To secure vmiformity in regulating the organ- 
ization and government of corporations — to the Committee on 
the Judiciary. 

By Mr. BLAND: Making House bill 4426 the special order for 
Wednesday, February 17, 1892 — to the Committee on Rules. 

By Mr. BRODERICK: Concurrent resolution that article 4 of 
said agreement be, and the same is hereby, construed so as to 
authorize and direct the proper ofBcers of the Department of the 
Interior to make the payments as they fall duo to the members 
of said band residing in Kansas at some point in their original 
reservation in said State as will accommodate the greatest num- 
ber of said Indians — to the Committee on Indian Affairs. 

By Mr. WILLCOX: To employ a competent party to look after 
closet in the terrace, with adjacent corridor, to be under manage- 
ment of the Architect of the Capitol — to the Committee on Ac- 
counts. 

By Mr. OTIS: Resolution calling upon the Committee of the 
Eleventh Census to collect information and furnish facts in re- 
lation to statistics upon mortgage indebtedness — to the Commit- 
tee on Rules. 

By Mr. SEERLEY: Resolution in reference to evidence in 
pension cases and providing that affidavits of privates shall re- 
ceive the same consideration as the affidavits of officers — to the 
Committee on Invalid Pensions. 

By Mr. RANDALL: Resolution to pay George B. Cooper the 
difference of salary of a page in folding room at $40 per month 
and of clerk in folding room at $75 per month — to the Commit- 
tee on Accounts. 

By Mr. WASHINGTON: That Walton W. Brown, of Ten- 
nessee, be appointed a page during the present Congress — to 
the Committee on Accounts. 



MEMORIALS OP LEGISLATURES. 

Under clause 3 of Rule XXII, the following memorial was in- 
troduced and referred as follows: 

The Legislative Assembly of Utah, setting forth the intoler- 
able political conditions of that Territory, and demanding relief 
therefrom in the form of home rule and statehood. 



PRIVATE BILLS, ETC. 
_ Under clause 1 of Rule XXII, private bills of the following 
titles were presented and referred as indicated below: 

By_Mr. BACON: A bill (H. R. 5765) to relieve Nathaniel H. 
Williams of the charge of desertion — to the Committee on Mili- 
tary Affairs. 

By Mr. BUNTING: A bill (H. R. ,5766) granting a pension to 
:^Iis3 Adda Boodgor, of Lockport, N. Y.— to the Committee on 
Invalid Pensions. 



By Mr. CABLE: A bill (H. R. 5767) to grant a pension to Kate 
L. Pearson, widow of Thomas Pearson — to the Committee on la- 
valid Pensions. 

Also, abiU (II. U..'i76S) for the relief of William H. Schriver, 
late of Company G, One hundred and twenty-sixth Illinois Vol- 
unteer Infantry— to the Committee on Military Affairs. 

By Mr. CLARKE of Alabama: A bill (H. R. 5769) for relief of 
estate of Francis S. Jones, Marengo County, Ala.— to the Com- 
mittee on War Claims. 

By Mr. DAVIS: A bill (H. R. 5770) to remove the charge of 
desertion from the military record of John Marx, of Palmer, 
Kans. — to the Committee on Military Affairs. 

By Mr. ELLIS: A bill (H. K. 5771) for the relief of Frank W. 
Clark — to the Committee on War Claims. 
- ^ByMiJjjj^OE: A bill (H. R. .3772) for the relief of James U. 
i^Oli aifrW^^BI^hc Committee on Militarv Affairs. 

By Mr. EVERETT (by request): A bill (H. R. 5773) for the re- 
lief of W. H. Pierre— to the Committee on Invalid Pensions. 

By Mr. FELLOWS (by request): A bill (H. R. 5774)for the re- 
lief of Mary A. Kennedy and others— to the Committee on Claims. 

By Mr. FITHIAN: A bill (H. R. 5775) for the relief of Jacob 
Taylor — to the Committee on jNlilitary Affairs. 

By Mr. FITCH: A bill (H. R. 5776) to purchase a portrait of 
Daniel D. Tompkins, late Vice-President of the United States, 
painted by Jarvis, in 1812— to the Committee on the Library. 

By Mr. GROUT: A bill (H. R. 5777) granting a pension to 
Mary M. Hadley, late Mary M. Crozier, an army nurse— to the 
Committee on Invalid Pensions. 

By Mr. HERBERT: A bill (H. R. 5778) for the relief of G. M. 
Hazen and others— to the Committee on War Claims. 

By Mr. HULL: A bill (H. R. 5779) granting an increase of 
pension to Milton Iseman — to the Committee on Invalid I'ousions. 

Also, a bill (H. R. 5780) granting an honorable discharge to 
Wilson Kale— to the Committee on Military Affairs. 

Also, a bill (H. R. 5781) granting an honorable discharge to 
John H. Randlcman — to the Committee on Military Affairs. 

By Mr. KENDALL: A bill (H. R. 5782) to increase the pen- 
sion of Lucinda Stamper, of Lee County, Ky. — to the Committee 
on Invalid Pensions. 

By Mr. LAGAN: AbiU (H. R. 5783) for the relief of Catharine 
Dougherty — to the Committee on Invalid Pensions. 

By Mr. LAYTON: A bill (H. R. 5784) for the relief of George 
W. Mannix — -to the Committee on Military Affairs. 

By Mr. O'FERRALL: A bill (H. R. 5785) for the relief of the 
estate of Joseph D. Crabill, deceased, Shenandoah County, Va. — 
to the Committee on War Claims. 

Also, a bill (H. R. 5780) for the relief of the estate of Benjamin 
Hoover, deceased, Shenandoah County, Va. — to the Committeo 
on War Claims. 

Also, a bill (H. R. 5787) for the relief of Morris Lutz, of Shen- 
andoah County, Va. — to the Committee on War Claims. 

Also, a bill (H. R.5788)fortherelief of Mrs. Vienna Roy, War- 
ren County, Va. — to the Committee on War Claims. 

By Mr. O'NEILL of Missouri: A bill (H. R. 5789) recognizing the 
Mound City Body Guards as United States soldiers — to the Com- 
mittee on War Claims. 

Also, a bill (H. R. 5790) for amendment of the military record 
of Thomas Kehoe as a member of Company A, of the Sixt.y-first 
NewYork Volunteers— to the Committee on MUitary Affairs. 

Also, a bill (H. R. 5791) granting William Linderworth a pen- 
sion — to the Committee on Invalid Pensions. 

By Mr. RUSK: A bill (H. R. 5792) for the relief of Jennie 
Turut — to the Committee on Military Affairs. 

By Mr. SMITH of Illinois: A bill (H. R. 5793) granting an in- 
crease of pension to Franklin Baldwin — to the Committee on In- 
valid Pensions. 

By Mr. TUCKER (by request): A bill (H. R. 5794) for the reUet 
of William Crosby, Augusta County, Va. — to the Committee on 
War Claims. 

By I\Ir. WALKER: A bill (H. R. 5795) authorizing the Secre- 
tary of War to grant an honorable discharge to Thomas Saul, 
late second lieutenant Twenty-fifth Massachusetts Volunteers — 
to the Committeo on Military Affairs. 

By Mr. WINN: A bill (H. R. 5796) granting a pension to Eme- 
line Howren — to the Committee on Invalid Pensions. 

By Mr. WILSON of Kentucky: A bill (H. R. 5797) relative to 
the payment of pensions to widows of soldiers of the war of the 
rebellion — to the Committee on Invalid Pensions. 

Also, a bill (H. R. 5798) making an appropriation for tlic im- 
provement of the Cumberland River in Kentucky above Cum- 
berland County — to the Committeo on Rivers and Harbors. 

By Mr. WRIGHT: A bill (H. R. 5799) authorizing the purchase 
of the Ourdan & Kolb letter-engraving machine for the use of 
the Navy Department — to the Committee on Naval Affairs. 

By Mr. WAUGH: A bill (H. R. 5800) to correct tU? military 



1044 



CONGRESSIONAL RECORD— HOUSE. 



Febeuaey 10, 



record of George Coulson — to the Committee on Military Af- 

Also, a bill (H. R. 5801) for the relief of James E. Southard— to 
the ('oiuniittee ou War Claims. 

Also, a bill (H. K. 580:2) granting a pension to Willis Alex- 
ander — to the ('ommittee on Pensions. 

Also, a bill (H. R. 5S03) granting a pension to Louisa White — 
to the Committee on Invalid Pensions. 

Also, a bill (H.R. 5804) granting a pension to Richard R. .la- 
cobs — to the Committee on Invalid Pensions. 

Also, a bill (H. R. 5805) granting a pension to William Scott — 
to the Committoo on Pensions. 

Also, a bill (H. R. 5800) to increase the pension of .John Hard- 
ing — to the C^mmittee on Invalid Pensions. 

Also, a bill (H. R. 5807) granting a pension to .Joshua .Jones — 
to the Committee on Pensions. 

By Mr. EVERETT (by reqaest): A bill (H. R. 5808) for the re- 
lief of Patrick C'arroU — "to the Committee on Claims. 



PETITIONS, ETC. 

Under clause 1 of Rule XXtl, the following petitions and pa- 
pers were laid on the Clerk's desk and referred as follows: 

By Mr. ARNOLD: Petition of citizens of Bollinger County. 
Mo., praying Congress to place upon the pension roll the name 
of Corydon N. Brooks — to the Committee on Invalid Pensions. 

Also, papers in tlie matter of George B. Stone, to accompany 
House bill 5080 — to the Committee on Invalid Pensions. 

By Mr. BABBITT: Petition of 125 citizens and shippei's of Ra- 
cine, Wis., for an appropriatiun of $50,000 to improve Racine 
Harbor — to the Committee on Rivers and Harbors. 

By Mr. BACON: Petition of Joseph Greenleaf and others, favoi-- 
ing a conference of governments to sit during the World's 
Fair — to the Committee on Foreign Affairs. 

By Mr. BROSIUS: Petition of 55 citizens of Washington, 
against the passage of a bill to rejieal the law prohibiting the 
sale of intoxicating liquors within one mile of the Soldiers' 
Home — to the Committee on the District of Columbia. 

Also, petition of John C. L. Campbell, for increase of pension, 
to accompany House bill 5002 — to the Committee on Invalid Pen- 
sions. 

By Mr. BUNN: Papers in the claim of Frederick tioodwin, of 
Samuel Norris, and of William P. Forrest, of Wake County, 
N. C. — to the Committee on War Claims. 

By Mr. BUSEY (by request): Petition of A. Y. Tragdon. of 
Paris, 111., to simplify pension practice — to the Committee on In- 
valid Pensions. 

By Mr. BYRNS: Petition of Eliza Koru for dependent mothers' 
special act, to accompany House bill 4056 — to the Committee on 
Invalid Pensions. 

By Mr. C!AINE: Memorial of the Legislative Assembly of 
Utah, setting- forth the intolerable political conditions of that 
Territory and demanding relief therefrom in the form of home 
rule and statehood — to the Committee on the Territories. 

By Mr. COMPTON: Papers to accompany the claim of Zadock 
M. Waters — to the Committee on War Claims. 

By Mr. DALZELL: Copy of the resolutions passed (unani- 
mously) at the last session of the Legislature of Pennsylvania, 
approved lilay 2.'3, 1891, by Robert E. Pattison. governor— to the 
C'ommittee on Naval Affairs. 

Also, memorial I'elative to an appropriation for a public build- 
ing at McKeesport, Pa.— to the Committee on Public Buildings 
and Grounds. 

By Mr. FITCH: Papers to accompany House bill 5760, to au- 
thorize the registration of trade-marks and protect the same — 
to the Committee on Patents. 

By Mr. FITHIAN: Papers to accompany House bill for the re- 
lief of Jacob Taylor — to the Committee on Military Affairs. 

By Mr. FUNSTON: Petition, to accompany House bill, of the 
heirs of Christian Tvu-ner to refer their claim to the Court of 
Claims under the act of March 3, 1887 (Tucker act) — to the Com- 
mittee on War Claims. 

By Mr. GROUT: Petition of Mrs. 1*1. M. Hadley, then Mary 
M. Craigen, for pension-as army nurse- to the Committee on In- 
valid Pensions. 

By Mr. HARRIES: Petition protesting against the opening 
of the World's Columbian Exposition on the Sabbath day — to 
the Select Committee on the Columbian Exposition. 

Also, petition of F. Pitres and 56 others, of Fillmore County. 
Minn., for the passage of a bill imposing a tax on compound 
lard — to the Committee on Agriculture. 

Also, petition of O. G. Clark and 24 others, of York, Fillmore 
County, Minn., in favor of imposing a revenue tax on compound 
lard — to the Committee on Agriculture. 

By Mr. HATCH: Petition of cotton-factors of the city of St. 
Louis, Mo., \irging the speedy passage of House bill 2699, intro- 
duced by Mr. Hatch — to the Committee on Agriculture. 



By Mr. HERBERT: Papers to accompany House bill 57.52— to 
the Committee on Interstate and Foreign Commerce. 

By Mr. HOOKER of New York: Petition of citizens of Foi-est- 
ville, N. Y., against the opening of the Exposition on Sunday — 
to the Select Committee on the Columbian Exposition. 

By Mr. HALLO WELL: Forty-eight petitions, containing 1,724 
names, citizens of Pennsylvania, praying the enactment of a law 
by Congress subjecting olemargarine to the provisions of the laws 
of the several States — to the Committee on Agriculture. 

By Mr. KENDALL: Petition and proof of James O. Bryant, 
to accompany House bill — to the Committee on Invalid Pensions. 

By Mr. McCREARY: Petition of J. Baker Blumerand L. Mc- 
Intyre and othei-s, asking for the amendment of the laws to pre- 
vent the exportation of alcoholic liquors— to the Select Com- 
mittee on the Alcoholic Liquor Traffic. 

, Also, papers to accompany House bill for the benefit of the 
Baptist Church at Nicholas ville, Ky. — to the Committee on War 
Claims. 

By Mr. MEREDITH: Papers in the matter of Washington 
Haines, for damage to property — to the Committee on War 
Claims. 

By Mr. MORSE: Petition for an appropriation for the World's 
Fair on the condition that it be closed on Sunday, by Millard F. 
Johnson and other members of the Central Baptist Church of 
Middleboro, Mass. — to the Select Committee on the Columbian 
Exposition. 

Also, petition of G. R. W. Scott and other members of the 
Young People's Society of Christian Endeavor, of Lowell, Mass., 
asking for the suppt-ession of the alcoholic liquor traftic with 
Africa — to the Select Committee on the Alcoholic Liquor Traffic. 

By Mr. O'FERRALL: Petition of citizens of Powhatan, of 
Bland, of Bedford, and of Hanover Counties, Va., for the free 
delivei-y of mails in country districts — to the Committee on the 
Post-Office and Post-Roads. 

Also, petition of Noah Foltz. of Page County. V^a., prayingfor 
the reference of his claim to the Coui't of Claims under act of 
March 3, 1883 — to the Committee on War ( 'laims. 

By Mr. O'NEILL of Missouri: Petition of William Luider- 
worth. for the correction of his record of sei'vice — to the Com- 
mittee on Invalid Pensions. 

By Mr. OTIS: Petition of the Reform Presbyterian Church of 
Topeka, Kans., asking that $5,000,000 be loaned to the Columbian 
Exposition provided it be closed to visitors on the Lord's Day— 
to the Select Committee on the Columbian Exposition. 

By Mr. PAGE of Maryland: Petition for a survey of Black 
Walnut Harbor on Tilghmans Island, at the mouth of the Great 
Choptank River, with a view to finally deepen said harbor — to 
the Committee on Rivers and Harbors. 

By Mr. STEWART of Texas: Petition of the voters of Red 
River County, Tex., asking for an appropriation for deep water 
at Sabine Pass — to the CJommittee on Rivers and Harbors. 

By Mr. WILLIAM A. STONE: Petition of Fleming United 
Presbyterian Congregation, of Emsworth, Allegheny County, Pa., 
to close the World's Fair on the Sabbath — to the Select Commit- 
tee ou the Columbian Exposition. 

Also, petition of Young People's Union of Allegheny, for closing 
the World's Fair on Simday — to the Select Committee on the Co- 
lumbian Exposition. 

By Mr. JOSEPH D. TAYLOR: Petition officially signed by the 
United Presbyterian (.'ongregation of Ridge. Guernsey County, 
Ohio, representing 44 persons, praying that Congress take such 
action as will insure the closing of the World's Fair of 1802 and 
1S03 on the Lord's Day, in accordance with the law of God, the 
rights of man. and all precedent of American history — to the 
Select Committee on the Columbian Exposition. 

Also, petition officially signed by the United Presbyterian Con- 
gregation of Clear Fork, Guernsey County, Ohio, i-epresenting 56 
persons, praving th:it Congress take such action as will insure 
the closing of the World's Fair of 1892 and 1893 on the Lord's 
Day, in accordance with the law of God, the rights of man, and 
all precedent of American history — to the Select Committee on 
the Columbian Exoosition. 

By Mr. WEADOCK: Petition of Joseph Wackerly, for correc- 
tion of his military record — to the Committee on Military Affairs. 

By Mr. WILLIAMS of Illinois: Petition of John H. Humphrey, 
of Benton County, Ark., for removal of the charge of desertion — 
to the Committee on Military Affairs. 

Also, claim of Mrs. Mary P. Waters, widow of Henry T. Wa- 
ters, deceased. Company C, Sixtieth Illinois Yolunteei-s— to the 
Committee on Invalid Pensions. 

By Mr. WILLIAMS of Massachusetts: Petition of the profess- 
ors of Yale University, relating to the appointmentof the director 
of the United States Naval Observatory— to the Committee on 
Naval Aft'airs. 

By Mr. WRIGHT: Petition of citizens of East Smithfield. 
Bradford County, Pa., against opening the World's Fair on Sun- 
days—to the Select Committee on the Columbian Expoaltion. 



1892. 



CONGEESSIOISrAL EECOED— SENATE. 



1047 



whom was referred the bill (S. 882) to repeal the proviso in sec- 
tion 1 of the act of October 1. 1890, providing for the examination 
of certain officers of the Ai-ruy and to regulate promotions 
therein, and to extend lineal promotion to first lieutenants, re- 
ported it without amendment, and submitted a report thereon. 

Mr. PADDOCK, from the Select (Committee on Indian Depre- 
dations, reported an amendment intended to be pi'oposed by him 
to the bill (H. R. 5399) making- appropriations to supply a defi- 
ciency in the appi'opriation for the expenses of the Eleventli Cen- 
sus, and for other jiurposes; which was referred to the Committee 
on Appropriations. 

Mr. MCMILLAN, from the Committee on the District of Colum- 
bia, to which was referred the bill (S. 2045) to provide for th' 
rebuilding of the bridge across Rook Creek, at M sti-eoet Jt'" 
in the District of Columbia, i-eported it with amendments, imcl 
submitted a report thereon. 

Mr. ALLISON. The Committee on Appropriations instruct 
mc to report back a document, being the findings filed by the 
Court of Claims in the case of the New York Indiaus rs. The 
United States, and ask to be discharged from its fui'ther consid- 
eration, and that it be referred to the Committee on Indian Af- 
fairs. 

Mr. COCKRELL. Ought not tliat to go to the Committee on 
Indian Depredations? 

Mr. ALLISON. No; it is a matter submitted to the Court of 
Claims bv the Committee on Indian Affairs and reported back. 

Mr. COCKRELL. All right. 

The VICE-PRESIDENT. The paper will be referred to the 
Committee on Indian Aft'airs. 

Mr. DAVIS, from the Committee on Militarv Affairs, to whom 
was referred the bill (S. 1678) for the relief of William Smith 
and others, reported it without amendment, and submitted a re- 
port thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 1496) for the relief of Gen. Napoleon J. T. Dana, reported 
it without amendment, and submitted a report thereon. 

Mr. PALMER, from the Committee on Military Affairs, to 
whom was referred the bill (S. 671) to provide for the biennial 
publication of a book which shall be known as the Military Reg- 
ister of the United States of America, and for other purposes, 
reported adversely thereon, and the bill was postponed indefi- 
nitely. 

Mr. WALTHALL, from the Committee on Military Affairs, to 
whom was referred the bill (S. 498) for the relief of Thomas F. 
O'Reiliy, submitted an adverse report thereon: which was agi'eed 
to, and the bill was postponed indefinitely. 

I\Ir. BATE, from the Committee on Military Afliairs, to whom 
was referred the bill (S. 917) for the relief of "Francis ,t. Conlan, 
submitted an advei'se report thereon; which was agreed to, and 
thebill was postponed indefinitely. 

He also, from the same committee, to whom was referred the 
bill (S. 913) for the relief of Henry L. Mulvin, submitted an ad- 
verse report thereon; which was agreed to, and the bill was post- 
poned indefinitely. 

Mr. PLATT, from the Committee on Patents, to whom was 
referred the bUl (S. 133) for the relief of Mrs. Sarah Elizabeth 
Holroyd, widow and administratrix of the estate of John Holroyd. 
deceased, reported it without amendment, and submitted a report 
thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 131 ) referring to the Court of Claims the claim of William 
E. Woodbridge for compensation for the use by the United States 
of his invention relating to projectiles, for which letters patent 
were ordei-ed to issue to him March 25, 1852, reported it without 
amendment, and submitted a report thereon. 

BILLS INTRODUCED. 

Mr. SHERMAN introduced a bill (S. 2147) for the relief of the 
heirs of Peter Poorman; which was read twice by its title, and 
referred to the Committee on Claims. 

He also introduced a bill (S. 2148) to remove the charge of de- 
sertion against Edward Whitehouse, alias Edward Williams; 
which was read twice by its title, and referred to the Committee 
on Militarv Affairs. 

Mr. MCPHERSON introduced a bill (S. 2149) for the relief of 
James McKeever; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Military 
Affairs. 

He also introduced a bill (S. 2150) in regard to a monumental 
column to commemorate the battle of Princeton and appropri- 
ating $30,000; which was read twice by its title, and referred to 
the Committee on the Library. 

Mr. HARRIS (by request) introduced a bill (S. 2151) to perfect 
the military record of Capt. Jacob H.Hay; which was read twice 
by its title, and referred to the Committee on Military Aifaii-s. 

Mr. PASCO introduced a bill (S. 2152) for the relief of the 



estate of Sally Sterrett Tate, deceased: which was read twice by 
its title, and referred to the Committee on Claims. 

Air. WHITE (by request) introduced a bill (S. 2153) conveying 
to Rafael Seguro, of Iberia I'arish, La., theright, title, and inter- 
est of the United States in and to certain lands in said parish of 
Iberia; which was read twice by its title, and referred to the 
Committee on Public Lands. 

He also (by request) introduced a bill (S. 2154) for the relief of 
the heirs of Joseph Nicholson Chambei's, late a resident of the 
parish of East Feliciana, in the State of Louisiana; which was 
read twice by its title, and referred to the Committee on Claims. 

Mr. MITCH KLL introduced a bill (S. 21.55) to amend an act to 
establish circuit courts of appeals and to define and regulate in 
i;ei^(|ytaj«3es the jurisdiction of the courts of the United States, 
andfw?mhor purposes; which was road twice by its title, and 
referred to the Committee on the Judiciary. 

He also introduced a bill (S. 2156) defining and permanently 
fixing the noi-thoru boundary line of the Warm Springs Indian 
Reservation, in the State of Oregon: which was read twice by its 
title, and referred to the Committee on Indian Affairs. 

Mr. PADDOCK introduced a bill (S. 2157) for the relief of A. 
J. Campbell, son of Scott Cami)bell. deceased: which was i-oad 
twice by its title, and referred to the Comraitteeon Indian Affairs. 

Mr. GALLINGEK introduced a bUl (S. 2158) for the erection 
of an equestrian statue of Maj. (ien. John Stark in the city of 
Manchester, N. H.: which was read twice by its title. 

Mr. GALLINGER. I ask that the bill lie on the table. I may 
have some brief ob^orvations to make upon it at a future time. 

The VICE-PRESIDENT. The bill will lie on the table. 

Mr. HAWLEY introduced a bill (S. 2159) to remove the chargo 
of desertion and grant an honorable discharge to Helmuth P. 
Soeck^l: which was read twice by its title, and referred to the 
Committee on Military Affairs. 

Mr. CAREY introduced a bill (S. 2160) for the relief of Kath- 
erine E. Thomas: which was read twice by its title, and referred 
to the Committee im Claims. 

Mr. PERKINS introduced a bill (S. 2101) to provide for and 
punish the crime of perjury before the United States local land 
otficas; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on the Judiciary. 

Mr. VOORHEES introduced a bill (S. 2162) for the erection of 
an equestrian statue of Gen. Zachary Taylor: which was read 
twice by its title, and referred to the Committee on the Librarj-. 

Mr. CARLISLE introduced a bill (S. 2163) to increase the pen- 
sion of B. Otto Lots; which was read twice by its title, and, with 
the accompanying papers, referred to the Committeoon Pensions. 

Mr. MCMILLAN introduced a bill (S. 21G4) authorizi 
President to place upon the retired list of the Army JamSs^W. 
Long, late a captain in the United States Army; which was 
read twice by its title, and, with the accompanying papers, re- 
ferred to the Committee on Military Affairs. 

Mr. CAMERON introduced a bill (S. 2165) authorizing tho 
purchase of additional lots of ground adjoining or adjacent to 
the postroffice building in the city of Philadelphia, Pa.; which 
was read twice bv its title. 

Mr. CAMERON. I ask that the bill be referred to the Com- 
mittee on Approjiriations. 

Mr. HARRIS. Should not that bill go to tho Committee on 
Post-Offices and Post-Roads? 

Mr. CAMERON. I think not, as it requires the appropriation 
of money for the pui-chase of the ground. 

Mr. HARRIS. So it does; but the policy of purchasing the 
ground ought to be considered in the first instance by the Com- 
mittee on Post-Offices and Post-Roads. The appropriation must 
come later. 

Mr. CAMERON. Very well; let the bill go to the Committee 
on Post-Oflices and Post- Roads. 

The VICE-PRESIDENT. The bill will be referred to the 
Committee on Post-Offices and Post-Roads, if there is no objec- 
tion. 

]Mr. CAMERON introduced a bill (S. 2166) appropriating the 
sum of $25,000 for the purpose of determining the quantity of the 
so-called hammer blows of locomotive driving wheels; which was 
read twice by its title, and referred to the Committee on Inter- 
state Commerce. 

He also introduced a bill (S. 2167) to remove the charge of de- 
sertion standing against the name of Abram Smith and to cor- 
rect his military record; which was read twice by its title, and, 
with the accompanying papers, referred to the Committea on 
Military Affairs. 

Mr. COLQUITT (by request) introduced a bill(S. 2168) to pro- 
hibit tho opening of any exhibition or exposition on Sunday 
where appropriations of the United States are expended; which 
was read twice by its title, and referred to the Committee on Edu- 
cation and Labor. 

Mr. GIBSON of Louisiana introduced a bill (S. 2169) to improve 



1048 



CONGKESHIONAL RECOllD— 8ENATE. 



PEBllUAliY 11, 



the navigation, and to afford ease and safety to the trade and com- 
merce of the Mississippi River, and to prevent destructive floods, 
with an appropriation therefor; which was read twice by its title, 
and referred to the Committee on Commerce. 

HOUSE BILL REFERRED. 

Tlic bill (H. K. 4B.'!1) to amend an act entitled "An act to au- 
thorize the construction of a railroad, wagon, and foot-passenfjer 
bridg-eat Burlington, Iowa," approved August 6, 1888, as amended 
by act approved February 21, 1890, was read twice by its title, 
and I'eferred to the Committee on Commerce. 

FLORIDA SENATORIAL ELECTION. 

Mr. CA LL. If the order of bills and joint resolutions is through, 
I oft'er a I'esolution, which I ask may be printed and lie upon the 
table, and I mav have some remarks to make upon it. 

The VIOL>PRESrDENT. The resolution will be read. 

The Chief Clerk read the resolution, as follows: 

Hesr/teei!, That the Committee on Privileges and Elections ai-e hei'eby in- 
structed to inquire and report to the Senate whether efforts were made by 
railway or other corporations, their agents, employes, or oftlcers to control 
the election to the United States Senate by the Lecrislature of Florida in the 
year 1S9I: whether money and tree transport aticni were used by them or any 
of them t.> inlluence the vote of the people tor members of the Legislature, 
or to lulUuiKi^ the votes of the members of the fjegisUiture after their elec- 
tion; whether money was used by combinations of persons made tmder the 
influence of agents or persons acting in the interest of corporations to con- 
trol the election of members of the Legislature <and to control their votes 
after their election; whether newspapers were bought or subsidized by theui 
or by persons acting in their interest or with money obtained either direitiy 
or indirectly from them or persons in any way connected with them to op- 
pose the election of some persons and supi>oi-i the elei-tlon of otliers; and to 
report to the Senate the evidence tak<'n liy them; and further !(■ report what 
legislation, if any, either by anamendment tothe Constitution or otherwise, 
is necessary to protect the pe<iple in their right to eleet members of the Leg- 
islature, wiio are to choose .Senators of thetjnited .states, and to protect the 
members elected from the influences of corporations and their foreign bond- 
holders. 

Resolved. That the committee have power to employ a stenogi-apher, and 
to send for and compel the attendance of witnesses and the production of 
papers. 

The VICE-PRESIDENT. What action is desired by the Sen- 
ator on the resolution':' 

Mr. CALL. I ask that tlie resolution lie upon the table, and 
at an early day I will call it up and submit some observations in 
regard to it. 

• The VICE-PRESIDENT. The resolution will lie on the table 
and bo printed. 

AMOUNT OF CIRCULATING NOTES. 

Mr. GEORGE submitted the following resolution: which was 
read and i-eferred to the Committee on Finance: 

Hesolveii, That the Committee on Finance be instructed to report a bill re- 
quiring the issue and keeping in circulation of legal-tender Treasury notes 
to an amount equal to $10 per capita of the population of the United States, 
and that such issue shall be increased each year so as to keep pace with the 
yearly increase of said population. 

PRIVATE CLAIMS AGAINST FOREIGN GOVERNMENTS. 

Mr. MORGAN. loffer the resolution which I send to the desk, 
and I ask that it may be referred to the Committee on Foreign 
Relations. 

The VICE-PRESIDENT. The resolution will be read. 

The Secretary read the resolution, as follows: 

lltsolved. That all private claims of citizens of the United States against 
foreign governments, presented to the Senate by petition or otherwise, shall 
be referred to the commU teo now styled the Select Committee to Inquire into 
all Claims of Citizens of the United States against the Government of Nica- 
ragua, which shall be hereafter styled the "Committee on Private Claims 
against Foreign Governments," and is hereby made a standing committee of 
the Senate, 

liesolved. That said committee shall receive any proofs that shall be offered 
in support of any snch iirivate claim and refer the same to the Department 
of State for consideration as to the legality and value of the same as evi- 
dence; and It said committee shall make any recommendation in respect of 
any such claim the same shall be reported to the Senate for consideration. 

The VICE-PRESIDENT. The resolution will be referred to 
the Committee on Foreign Relations in the absence of objection. 

Mr. SHERMAN. That resolution ought to go by the estab- 
lished custom of the Senate, to the Committee on Rules. Wliile 
I am not a member of the Committee on Rules I think that is the 
custom. 

Mr. MORGAN. I chose the Committee on Foreign Relations 
because this is an infringment upon its present jurisdiction. The 
Committee on Foreign Relations now exercises the jurisdiction 
providc'd here to bo conferred upon the select committee. 

Mr. SHERMAN. The chairman of the Committee on Rules 
not being here and as the custom has always been to i-efer these 
resolutions about rules to that committee, I think it should bo so 
referred or it may lie on the table until the chairman of the com- 
mittee comes in. 

Mr. MORGAN. I will say to the Senator from Ohio that I 
would not introduce a resolution of this kind to take from the 
Committee on Foreign Relations any part of its jurisdiction with- 
out first consulting that committee, and therefore I wish the res- 
olution to be referred to them for their consideration, and if 



tliey ajjprove it they can send it back here and send it to the 
Committee on Rules. 

Mr. SHERMAN. I do not insist upon my suggestion. 1 will 
not stand upon a point of reference, but I think the resolution 
ought to go to the other committee. 

The VICE-PRESIDENT. The resolution will be referred to 
the Committee on Foreign Relations, if there be no objection. 
LANDS IN FLORIDA. 

Mr. CALL submitted the following resolution: 

Hesolved. That the Committee on Public Lands are hereby instructed to re- 
port a bill providing for opening to settlement under the land laws of the 
United States the reservations alleged to have been made of public lands in 
the State of Florida under the act of Congress approved on the 17th day of 
May, A. U. lH,'jt).entltled"Anactgrantingaltematesectionsof the public lands 
to the States of Alabama and Florida to aid in the construction of certain 
lines of railroads in said States," and for granting pat-ents to all bona flde 
homesteaders and all actual settlers who have made improvements on such 
1,'inds, and further gi-anting i>atents to all innocent jnirchasers in good faith 
of land in quantities not excceiling ;3 sections of land not including the im- 
provements .and the settlement otanyactnal settler totheextentof IGt) acres, 
and further pro\'iding that the corporations claiming said land under the 
said act of Congress shall lia\'e the right to t)ring suit in the circuit court of 
the United .States with the rightotappi-al to the Supreme Court of the United 
States against the United .St;iles to decide whether under the said act of Con- 
gress and the acts of the Legislature of the State of Florida said railroad 
companies have ever acquired any right or title to said lands, and further 
])roviding that the Attorney-General of the United .States shall bring suit 
ag;iinst the coriXTations or the persons who have sold and appropriated the 
said public lands for their own use and benefit, and further for the indict- 
ment imd prosecution tmder the acts of Congress of persons who have been 
engaged w ilfully and maliciously in any conspiracy to defraud the United 
States and the actual settlers andhfnnesteadersof the saidpubliclands; and 
further, to rei)ort such legislation as will protect actual settlers under the 
homestead laws of the United states who have been deprived of their homes 
under fraudulent practices and false statements either under the act of the 
IVth of May, lH.il), or under the ;ict of 18.50 granting tothe States the swamp 
or ovi-rdowed land thereby rendered unlit for cultivation tothe States on 
conditi(Hi ili;tt the ]iro(eeds of sale of said land should be .applied to the cou- 
,struction of levees, ditches, and canals necessary for their reclamation and 
drainage or under any other laws of the United States. 

Mr. CALL. 1 ask that that resolution lie upon the table. 
The VICE-PRESIDENT. The resolution will lie upon the 
table and be printed. 

EXTENSION OF NORTH CAPITOL STREET. 

Mr. SHERMAN. I oft'er a resolution of inquiry and ask for its 
present consideration. 

The Secretary read the resolution, as follows: 

Hesoleed, That the Commissioners of the District of Columbia are directed 
to inform the Senate the cost of the proposed extension of North Capitol 
street to the Soldiers' Home Park, and of grading and regulating the same, 
and report upon the expediency of such extension. 

By unanimous consent, the Senate proceeded to the considera- 
tion of the resolution. 

Mr. COCKRELL. Is that a resolution of inquiry'? 

Mr. SHERMAN. Yes. purely. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolution. 

The resolution was agreed to. 

HEARINGS AS TO UTAH TERRITORY. 

Mr. PLATT submitted the following resolution: 
Hesotved. That the Committee on Territories be authorized to employ a 
stenographer to repfirt hearings on all bills relating to the Territory of Utah 
at the present sessi-m of CVmgress, and to print the testimony taken fr)r the 
use of the committee, and that the expense of reporting such hearings shall 
be paid out of the contingent fund of the Senate when certiUed by the chair- 
man of said committee when audited and allowed by the Committee to Audit 
and Control the Contingent Exjienses of the Senate, 

Mr. PLATT. I inquire of the Chair if that resolution must 
not be referred to the Committee to Audit and Control the Con- 
tingent Expenses of the Senate'? 

The VICE-PRESIDENT. The Chair thinks so. 

Mr. PLATT. Then I move that it be referred to that com- 
mittee. 

The motion was agreed to. 

RECOMMITMENT OF A BILL. 

Mr. PROCTOR. I ask unaniinous consent to move a i-econ- 
sideration of the vote by which the bill (S. 519) for the relief of 
Francis Irsch was indefinitely postponed, and that it be recom- 
mitted to the Committee on Military Affairs. 

The VICE-PRESIDENT. That order will be made if there be 
no objection. 

PUBLIC BUILDINGS FOR POST-OFFICES. 

The VICE-PRESIDENT. Is there further morning business"? 
If not, that order is closed and the Calendar under Rule VIII is in 
order. The first bill on the Calendar will be stated. 

The bill (S. 477) to pi-ovide for the erection of public buildings 
for post-ottices in towns and cities where the post-office receipts 
for three years preceding have exceeded $.3,000 annually was 
announced as first in order. 

Mr. SHKRMAN. Mr. President, that bill has always excited 
debate, and therefore I think it ought to go over under Rule IX. 

Mr. PADDOCK. I hope that course will not be taken. I call 
the attention of the Senator from Missouri [Mr. Vest] to this. 



1892. 



CONGEESSIONAL RECORD— SENATE. 



1129 



states of the Sturgeon Bay Ship Canal and making it forever 
free; which were referred to the Committee on Commerce. 

Mr. STANFORD presented three petitions of the Traffic As- 
Bociation of San Francisco, Cal., praying for the passage of such 
legislation as will hasten the completion and secure the national 
control of the Nicaragua Maritime Canal; which were referred 
to the Committee on Foreign Relations. 

Mr. DAWES presented the petition of the Woman's Christian 
Temperance Union of Ashburnham, Mass., praying that no ex- 
position or exhibition for which appropriations are made by Con- 
gress shall be opened on Sunday; which was referred to the Com- 
mittee on the Quadro-Centennial (Select). 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had passed 
the following bills and joint resolution; in which it I'equested 
the concurrence of the Senate: 

A bill (H. R. 1923) granting an honorable dischai-ge to William 
W. Wedgwood; 

A bill (H. R. 3867) to amend the act concerning officers of the 
National Home for Disabled Volunteer Soldiers, and for other 
purposes; 

A bill (H. R. 5681) for the better control of and to promote the 
safety of national banks; 

A bill {H.R.463G) making appropriations for the support of the 
Militai-y Academy for the fiscal year ending Juno 30, 1S9.'J; and 

A joint resolution {H. Res. 81) investigating mining d6bris in 
California. 

The- message also announced that the House had passed a con- 
current resolution for the printing of 6,000 copies of Executive 
Document No. 91 , to include also part 2 of said executive docu- 
ment, containing message of the President of the United States 
respecting the relations with Chile, etc. 

REPORTS OF COMMITTEES. 

Mr. MANDERSON. I am directed by a majority of the Com- 
mittee on Military Affairs, to whom was referred the bUl (S.2o8) 
for the relief of Lieut. Col. Michael P. Small, United States 
Army, to report it without amendment, with a written report, 
which I ask may be placed on the Calendar. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar. 

Mr. MANDERSON, from the Committee on Military Affairs, 
to whom was referred the bill (S. 1.501) for the relief of William 
H. Atkins, formerly commissary sergeant, United States Armj% 
reported it without amendment, and submitted a report thereon. 

He also, from the same committee, to whom were referred the 
following bills, submitted adverse reports thei-eon; which were 
agreed to, and the bills were indefinitely I'ostponed: 

A bill (S. 201) to increase the efficiency of the infantry of the 
Army; 

A bill (S. 881) to reorganize the infantry of the Army and in- 
crease its efficiency; 

A bill (S. 1037) to reorganize the artillery and to increase its 
efficiency; and 

A bill (S. 1778) to reorganize the line of the Armv. 

Mr. MANDERSON. I am directed by the Committee on Mil- 
itary Affairs to report a bill to reorganize the artillery and in- 
fantry of the Army and to increase its efficiency. This is a bill 
in the nature of a substitute for the four bills which the Senate 
has indefinitely postponed. I ask that the bill bo twice read and 
placed upon the Calendar with the written report. 

The bill (S. 2170) to reorganize the artillery and infantry of 
the Army and to increase its efficiency was read twice by its title. 

Mr. HALE. I report back from the Committee on Appropri- 
ations the bUI (H. R. 5399) making appropriations to supply a de- 
ficiency in the appropriation for the expenses of the Eleventh 
Census, and for other purposes, with certain amendments. I ask 
that the amendments may be printed, and I give notice that I 
shall endeavor to call up the bill to-morrow morning. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar. 

Mr. DOLPH, from the Committee on Commerce, to whom was 
referred the bill (S. 541) making appropriation for the improve- 
ment of the Columbia River, i-eported it with amendments, and 
submitted a report thereon. 

Mr. McMillan, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (S. 1607) to amend tha^ 
charter of the Rock Creek Railroad Company, reported it with 
amendments, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 2015) to amend the act incorporating the Washington and^l 
Gsorgetown Railroad Company, reported it with amendments, 
and submitted a report thereon. 

Mr. STEWART, from the Committee on Mines and Mining. 
to whom was referred the bill (S. 1273) to authorize the entry of 



lands chiefly valuable for building stone, under the placer-min- 
ing laws, reported it without amendment. 

ilr. DAVIS. I am directed by a majority of the Committee 
on Military Affairs, to whom was referred the bill (S. 1026) for 
the relief of Sarah K. McLean, widow of the late Lieut. Col. Na- 
thaniel H. McLean, to report it without amendment, and to suli- 
mit a written report thereon. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar. 

Mr. ALLISON, from the Committee on Appropriations, to 
whom were referred the following memorials, asked to be dis- 
charged from their further consideration, and that they bo re- 
ferred to the Committee on Fisheries; which was agreed to: 

A memorial of the Legislature of Oregon for the establishment 
of a fish hatchery on the Upper Columbia or Snake Rivers: and 

A memorial of the Legislature of Oregon for the establish- 
ment of a fish hatchery on the Umi)qua River. 

Mr. PERKINS, from the Committee on the District of" 
lumbia, to whom was referred the bill (S. 1886) to authorize the 
Commissioners of the District of Columbia to grant pardons and 
respites in certain cases, reported it without amendment, and 
submitted a report thereon. 

Mr. DANIEL, from the Committee on Public Buildings and 
Grounds, to whom was referred the bill (S. 1544) for the ereetiou 
of a public building at the town of Lexington, Va., reported it 
with amendments, and submitted a rejiort thereon. 

Mr. VEST, from the Committee on Commerce, to whom was 
referred the bill (H. R. 4631) to amend an act entitled "An act 
to authorize the construction of a railroad, wagon, and foot pas- 
senger bridge at Burlington, Iowa," approved August 6, 1888, as 
amended by act approved February 21, 1890, reported it with an 
amendment. 

STENOGR.\PHER FOR COMMITTEE ON NAVAL AFFAIRS. 

Mr. CHANDLER. From the Committee on Naval Affairs, I 
report a resolution for reference to the Committee to Audit and 
Control the Contingent Expenses of the Senate. 

The VICE-PRESIDENT. The resolution will be read. 

The resolution was read, as follows: 

Jlesolved. That the stenographer employed to report the hearings before 
the Committee on Naval Affairs in relation to the bill transferring the Reve- 
nue Cutter Service to the naval establishment, be paid out of the contingent 
fund of the Senate. 

The VICE-PRESIDENT. The resolution will bo referred to 
the Committee to Audit and Control the Contingent Expenses of 
the Senate. 

Mr. COCKRELL. Has that hearing ever been printed? 

Mr. CHANDLER. It has been printed so far as it has pro- 
ceeded. 

Mr. COCKRELL. I have not seen it, and I did not know. 

Mr. CHANDLER. It is partially printed, and I shall take 
pains to furnish the Senator with a copy. 

Mr. COCKRELL. I should be very glad to see it. 

NATIONAL SAFE DEPOSIT COMPANY. 

Mr. GIBSON of Maryland. I am instructed by the Committee 
on the District of Columbia to whom was referred the bill (S. 
1929) to change the corporate name of the National Safa Deposit 
Company, of Washington, to report adversely thereon. I move 
that the bill be indefinitely postponed. 

The motion was agreed to. 

I^Ir. GIBSON of Maryland. I am instructed by the same com- 
mittee, to whom was referred the bill (H. K. 4107) to change the 
corporate name of the National Safe Deposit Comjianj', of Wash- 
ington, to report it back favorably. I ask unanimous consent 
that the bill be put upon its passage. 

The VICE-PRESIDENT. The will will be read for informor 
tion. 

The Chief Clerk read the bill, and there being no objection, the 
Senate, as in the Committee of the Whole, proceeded to its con- 
sideration. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

CONDITION OF AGRICULTURE. 

Mr. GEORGE, from the Committee on Agriculture and For- 
estry, to whom was referred a resolution submitted by himself 
on January 26, 1892, relative to the appointment of a committee 
to incjuire into the cause of the low price of cotton and the de- 
.fw««&6i^pHHMtion of agriculture in the States raising cotton, re- 
portod It wxtn an amendment to make it read as follows: 

Ursolffd, That the Committee on Affrlcultiiro ami Forestry be, and they 
are hereby, authorized and directed, by one or more subcommittees, or other- 
wise, to ascfanjUn In every practicable way, and to report from time to time 
liillii i<BB||Pi present condition of agricultiure In the United states, and 



the preseufpnces of agriculttu-al products, and If there be any of which the 
prices are depressed, then the causes of such depression and the remedies 
therefor. . 

And for this pm-poso that they be atuhorized by subcommittee, or other- 
wise, to sit during the recess and sessions of the Senate, at such times ana 



1130 



CONGEESSIOI!^AL EECORD— SENATE. 



February 15, 



■nlares as tliev may deem adTlsablo, and that they may employ a stenogi-apher 
and such clerical assistance and experts as they may deem necessai-y, and they 
be authorized to send for jjersona and papers, and the expense of such Inves- 
tigation he paid trom the contingent fimd of the Senate. • 
DEALING IN FUTURES AND OPTIONS. 

Mr. "WILSON, from the Committee ontlie Judiciary, reported 
tlio following resolution; which was referred to the Committee 
to Audit and Control the Contingent Expenses of the Senate: 

Hc^oloed That the Committee on the Judiciary, or any subcommittee of 
their numlior appointed for the purpose, be authorized to inyestigate the 
subject of dealing in futures and options, and for that purpose to send for 
per.<<ons and papers, and to employ a stenographer; and that the expenses be 
liaid out of the contingent fund of the Senate. 

MARITIME CANAL, INVESTIGATION. 

Mr. SHERMAN, from the Committee on Foreign Relations, 
reported the following resolution; which was referred to the 
Committee to Audit and Control the Contingent Expenses of the 
Senate: 

Resolved, That the necessary expenses incurred under the resolution of the 
Senate of January 7, 1893, directing the Committee on Foreign Relations to 
make certain inquiries in regard to the Maritime Canal Company of Nicara- 
gua, be paid from the contingent fund of the Senate. 

MISSISSIPPI RIVER IMPROVEMENT. 
Mr. GIBSON of Louisiana. I am directed by the Committee 
on Commerce to whom was referred the bill (S. 2169) to improve 
the navigation and to afford ease and safety to the trade and 
commerce of the Mississippi River, and to prevent destructive 
floods, with an appropriation therefor, to report it with amend- 
ments, and to submit a written report thereon. 

I ask the indulgence of the Senate to make a brief explanation 
of the bill. Its purpose is to improve the Mississippi River in 
accordance with the plans of the engineers which have boen 
matm-ed aften ten years of actual experiments and experience. 
This plan blends the jetty system, which has proved so success- 
ful at the mouth of the river, in fact wherever applied, with the 
levee system that has been equally successful wherever applied. 
The fact is a levee is called a jetty when placed in the bed of the 
river and the jetty a levee when placed on the banks. They are 
employed for the same purpose, and that is, to contract and main- 
tain the width of the channel, the jetty in low water and the levee 
in high water, and thus to increase the velocity of the current 
and volume of discharge, and to deepen the bed of the river, 

Wherever the river is narrow, say 3,000 feet wide, which is its 
normal width, there is deep water. Levees are necessary on its 
hanks to hold the water in its channel at flood stages. When, 
by reason of crevasses, it has become unduly wide , say 1 0,000 feet, 
jetties are used to contract the channel to 3,000 feet, and thus to 
employ the increased velocity of the current to scour ovit the 
channel. At Plum Point and Lake Providence reaches, each 
of which is between 30 and 40 miles long, the depth has been 
doubled. There remain four othersuch reaches to be improved. 
Besides improving the navigation this plan affords protection 
to the alluvial region against overflows. The effe«ifcfl«iLhe_n2]b 
only to reclaim a territory larger than the State c^ffllWaiia and 
more fertile, now given over to destructive Hoods, but it will af- 
ford protection to all the vast regions already settled and culti- 
vated. 

The appropriation proposed to be made by the b^^g^^^overa^ 
period of five years, so as to enable the engineers tc^HWTon.sys-' 
tematic and continuous work, for experience has demonstrated 
that great loss and wastage result from the biennial appropria- 
tions in the river and harbor acts. 

It is confined to lli TTi i i|i|iiri ii I1i " irnin tr]H||j||^i int-' 
which discharge forty-three of the largest rivers^n the world, 
which with Aeir tributaries constitute a system of water ways 
navigable by steamboats for 16,000 miles and by barges, batteaus, 
and flatboats for $50,000 miles, the natural carriers for the prod- 
ucts and commodities of the valleys that stretch from the Alle- 
ghany Mountains to the Rocky Mountains. 

It is believed by those who have had the largest experience 
that the time lias come when this work— so indispensable to the 
people in this vast region of country, and especially to the farm- 
ers seeking European markets — should stand on its own merits 
before Congress, and that appropriations for this purpose, that so 
vitally concern so many millions of people, should not be hin- 
dered and complicated with appropriations for particular locali- 
ties on its borders or for smaller streams, but that the appro- 
priations for these particular works should be carried 'on in the 
regular river and harbor bill just as the harlxjrs on the sear 
coasts and lakes are provided for now. 

Mr. ALLISON. I desire to ask the Senator from Louisiana, 
who makes this report, what amount is proposed to be appropri- 
ated by the bill? 

Mr. GIBSON of Louisiana. There is an appropriation in the 
bill of $10,000,000 for the river from the jetties at the mouth to 
Cairo, not over $3,000,000 to bo expended annually by the engi- 
neers. Then from Cairo up there is an appropriation of $5,000,- 



000,no?more than $1,000,000 to be expended annually by the engi- 
neers. . 

Mr. ALLISON. From Cairo up how far? 

Mr. GIBSON of Louisiana. Up to the mouth of the Illinois 
River. 

Mr. ALLISON. Then there is no provision for appropriations 
above the mouth of the Illinois River? 

Mr. GIBSON of Louisiana, Not in tliis bill. 

Mr. ALLISON. It is intended that any appropriations above 
the mouth of the Illinois should be relegated to the river and 
harbor bill proper? 

Mr. GIBSON of Louisiana. We have made no appropriation 
in this bill because it is desired to have the Mississippi River 
improved — the great trunk line, to which all the other riversof 
the valley are tributary — before we attempt to make appropria- 
tions for stream in the upper valley. 

Mr. ALLISON. I imderstand the Senator to say that this bill, 
so far as it relates to the Lower Mississippi, is to take the place 
of the annual appropriation in the river and harbor bill. 

Mr. GIBSON of Louisiana. Yes, sir; if this bill is passed; but 
not otherwise. 

Mr. ALLISON. And is to be excluded from the river and 
harbor bill. Of cour.se I do not know that it is important, but it 
seems to me it may become important to j)rovide for appropria- 
tions for the whole I'iver in the same manner. I am in thorough 
sympathy with the Senator as respects this appropriation for the 
Mississippi River, but I do not like the idea of drawing the line 
of these appropriations at the mouth of the Illinois. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar. 

EILLS INTRODUCED. 

Mr. Mcpherson introduced a bill (S. 2171) to amend section 
766 of the Revised Statutes of the United States; which was read 
twice by its title, and, with the accompanying papers, referred 
to the Committee on the Judiciary. 

He also introduced a bill (S. 2172) for the relief of Edwin M. 
Hai-t; which was read twice by its title, and referred to the 
Committee on Naval Aft'airs. 

Mr. POWER introduced a bill (S. 2173) to authorize the Mis- 
souri River Power Company of Montana to construct a dam 
across the Missouri River; which was read twice by its title, 
and referred to the Committee on Commerce. 

Mr. STOCKBRIDGE (by request) introduced a bUl (S. 2174) to 
incorporate the Cross-Town Railroad of the District of Colum- 
bia; which was read twice by its title, and referred to the Com- 
mittee on the District of Columbia. 

He also introduced a bUl (S. 2175) to pension Ann M. Green; 
which was read twice by its title, and, with the accompanying 
papers, referred to the Committee on Pensions. 

Mr. MCMILLAN introduced a bill (S. 2176) to extend the time 
or making an assessment of real estate in the District of Colum- 
bia outside the cities of Washington and Georgetown; which was 
read twice by its title, and refen-ed to the Committee on the Dis- 
trict of Columbia. 

He also introduced a bill (S. 2177) to provide for the reassess- 
jient and relevyino- of taxes declared illcgal_ and void, and for 
other purposes; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on the District 
of Columbia. 

He also introduced a bill (S. 2178) granting an inci-ease of pen- 
ion to Warren Hall; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. CASEY introduced a bill (S. 2179) to reduce the fees on 
domestic money orders, and for other jnirposes; which was read 
twice by its title, and i-eferred to the Committee on Post-OSaces 
and Post- Roads. 

He also introduced a bUl (S. 2180) declai-ing the construction 
of an act entitled "An act to repeal timber-culture laws, and for 
other purposes,'' approved March 3, 1891; which was read twice 
by its title, and referred to the Committee on Public Lands. 

Mr. VANCE introduced a bill (S. 2181) to release certain church 
property in the District of Columbia from arrears of taxation; 
which was read twice by its title, and referred to the Committee 
on the District of Columbia. 

Mr. HARRIS (by request) introduced a bill {S. 2182) for the 
relief of James W. Turner; which was read twice by its title, 
and referred to the Committee on Military Affairs. 

Mr. DAVIS introduced a bill (S. 2183) to limit the effect of the 
regulations of commerce between the several States and with 
foreign countries in certain cases; which was read twice by its 
title, and referred to the Committee on Interstate Commerce. 

Mr. SAWYER introduced a bill (S. 218-1) authorizing the erec- 
tion and maintaining a dam on the water-reserve lands and flow- 
ing the same on Tomahawk River, Wisconsin; which was read 
twice by its title, and referred to the Committee on Commerce. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



1131 



Ml'. VILAS introduced a bill (S. 2185) to amend section 4956 of 
the Revised Statutes of the United States, relating to copyrights; 
which was read twice by its title, and referred to the Committee 
on Patents. 

Mr. GIBSON of Maryland introduced a bill (S. 2186) for the re- 
lief of Edgar H. Bates; which was read twice by its title, and re- 
ferred to the Committee on Claims. 

Mr. TURPIE introduced a bill (S. 2187) granting a pension to 
Margaret M. Kice; which was read twice by its title, and referred 
to the Committee on Pensions. 

He also (by request) introduced a bill (S. 2188) providing for 
the prompt supply of all public documents to the designated de- 
positories of documents; which was read twice by its title, and 
referred to the Committee on Printing. 

Mr. ALDBICH introduced abiU (S. 2189) authorizing the Pres- 
ident of the United States to appoint Louis N. Stodder a lieu- 
tenant-commander on the retired list of the Navy; which was read 
twice by its title, and referred to the Committee on Naval Af- 
faii's. 

He also introduced a bill (S. 2190) granting a pension to John 
Vars; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Pensions. 

He also introduced a bill(S. 2191) granting an increase of pen- 
sion to Mrs. Emily Williams; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Pensions. 

Mr. PETTIGKEW introduced abill (S. 2192) in relation to ways 
of egress and means of escape from fire in certain buildings within 
the "District of Columbia; which was read twice by its title, and 
referred to the Committee on the District of Columbia. 

Ho also introduced a bill (S. 2193) granting leaves of absence to 
clerks and employes in first and second class post-ofEces, and to 
employes in the Post-Offlce Department employed in the mail-bag 
repair shops connected with said Department; which was read 
twice by its title, and referred to the Committee on Post-Ofiices 
and Post-Roads. 

He also introduced a bill (S. 2194) authorizing the appointment 
of Dr. Ira L. Sanderson as assistant surgeon in the United States 
Army; which was read twice by its title, and referred to the 
Committee on Military Affairs. 

He also introduced a bill (S. 2195) to authorize the Secretary 
of the Interior to ascertain the amount due the Flandreau Sioux 
Indians, and making an appropriation to pay the same; which 
was read twice by its title, and referred to the Committee on 
Indian Affairs. 

He also introduced a bill (S. 2196) to remove the charge of de- 
sertion from the record of Richard M. Pierce; which was read 
twice by its title, and referred to the Committee on Military Af- 
fairs. 

Mr. WHITE introduced a bill (S. 2197) for the improvement 
of Southwest Pass, Mississippi River; which was read twice by 
its title, and referred to the Committee on Commerce. 

Mr. KYLE introduced a bill (S. 2198) to amend an act entitled 
"An act to set apart certain tracts of land in the State of Cali- 
fornia as forest reservations," approved October 1, 1890; which 
was read twice by its title, and referred to the Committee on 
Public Lands. 

IMr. COCKRELL introduced a blQ (S. 2199) for the relief of 
Isbam T. Owen, of Missouri; which was read twice by its title, 
and referred to the Committee on Claims. 

Mr. GORMAN introduced a bUl (S. 2200) for the relief of the 
legal representatives of Lieut. Francis Ware, deceased, of the 
Revolutionary war; which was read twice by its title, and re- 
ferred to the Committee on Revolutionary Claims. 

He also introduced the following bills; which were severally 
read twice by their titles, and referred to the Committee on 
Claims: 

A bill (S. 2201) referring the claim of Mary Luckett to the 
Court of Claims; 

A bill (S. 2202) for the relief of Sarah M. Shaw; 

A bill (S. 2203) for the relief of John jNI. Robinson; 

A bUl (S. 2204) for the relief of Sarah A. Swart, executrix of 
Barnett T. Swart, deceased, late of the District of Columbia; 

A bill (S. 2205) for the relief of Sarah C. Mitchell, widow of 
Richard T. Mitchell, deceased, late of Montgomery County, Md., 
for stores and supplies taken and used by the United States Army 
during the war for the suppression of title rebellion; 

A bill (S. 2206) for the relief of C. M. Keedy ct al., executors of 
J. J. Keedy, deceased, late of Washington County, Md., for stores 
and supplies taken and used by the United States Army, and 
as reported by the Court of Claims under the provisions of the 
act of March 3, 1883, commonly known as the Bowman act; 

A bUl (S. 2207) for the relief of Lewis Trone, of Washington 
County, Md., for stores and supplies used by the United States 
Army, as reported by the Court of Claims under the provisions 
of the act of March 3, 1883, commonly known as the Bowman act; 



A bill (S. 2208) for the relief of Charles W. Shreve, for the rent 
and occupation of land in Montgomery County, Md., by the 
United States Army, and reported by the Court of Claims under 
the provisions of the act of March 3, 1883, commonly known as 
the Bowman act; 

A bill(S.2209)for the relief of Henry Schreider, administrator 
of Phillip Shearer, of Montgomery County, Md.;' 

A bill (S. 2210)for the relief of the Reformed Church of Sharps- 
burg, Washington County, Md., for the use and occupation of 
their building for hospital purposes during the war for the sup- 
pression of the rebellion, and for property used in the caroof tho 
sick and wounded; and 

A bill (S. 2211) for tho relief of R. A. Hui'loy, administrator of 
A. F. Hurley, being a claim for twcnty-threo head of cattle fur- 
nished to the Utah volunteers, as reported by the Court of 
Claims under the provisions of the act of Alarch 3, 1883, com- 
monly known as the Bowman act. 

Mr. ALLISON introduced a bill (S. 2212) granting an honor- 
able discharge to J. H. Randleman; which was read twice by its 
title, and referred to the Committee on Military Atlairs. 

He also introduced a bill (S. 2213) for the relief of Adam By ram; 
which was read twice by its title, and referred to the Committee 
on Military Affaii-s. 

Mr. SHERMAN (by request) introduced a bill (S. 2214) for tho 
benefit of ofBcers of the United States Revenue Cutter Service; 
which was read twice by its title, and referred to theCommitteo 
on Commerce. 

Mr. CHILTON introduced a bill (S. 2215) to change and ap- 
point by law tho day for the meeting of the Congress of the United 
States; which was read twice by its title, and ordered to lie on 
the table. 

He also (by request) introduced a bill {S. 2216) for the relief of 
Mary C. Williams; which was read twice by its title, and referred 
to the Committee on Pensions. 

Mr. VOORHEES introduced a bill (S. 2217) for tho relief o£ 
Lewis Deems; which was read twice by its title, and referred to 
the Committee on Claims. 

He also introduced a bill (S. 2218) granting an increase of pen- 
sion to Leander Woods; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. PADDOCK introduced a bill (S. 2219) for the relief of Eu- 
nice M. Brown; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Pensions. 

Mr. KENNA introduced a bill (S. 2220) to provide for con- 
structing a road to the national cemetery at Grafton, W. Va.; 
which was read twice by its title, and referred to the Commit- 
tee on Appropriations. 

Mr. TELLER introduced a bill (S. 2221) for the relief of Mary 
J. Neenan; which was read twice by its title, and, with the ac- 
companying paper, referred to the Committee on Public Lands. 

Mr. HALE introduced a bill (S. 2222) to prohibit the sale or 
supplying of intoxicating beverages in military and naval insti- 
tutions and branches of the National Homo for Disabled Volun- 
teer Soldiers, and for other purposes; which was read twice by 
its title, and referred to the Committee on Military Affairs. 

He also introduced a bill (S. 2223) for the relief of Pay Clerk 
Charles Blake, United States Navy; which was read twice by its 
title, and referred to the Committee on Naval Affairs. 

He also introduced a bill (S. 2224) for the relief of Paymaster 
James E. Toltree, United States Navy; which was read twice by 
its title, and referred to the Committee on Naval Affairs. 

Mr. CALL introduced a bill (S. 2225) to require the auditing 
and payment of tho volunteer soldiers who served in the Semi- 
nole Indian wars in Florida, and for horses and equipments lost 
in the service; which was read twice by its title, and referred to 
the Committee on Military Affairs. 

He also introduced a bill (S. 2226) to prohibit national banks 
from receiving or paying interest on deposits made by national 
banks; which was read twice by its title, and referred to the Com- 
mittee on Finance. 

He also introduced a bill (S. 2227) to open the naval reserva- 
tion in La Fayette County, Fla., to settlement and entry; which 
was read twice by its title, and referred to the Committee on 
Naval Affairs. 

He also introduced a bill (S. 2228) to declare lands containing 
phosphate deposits to be mineral land and subject to disposal 
under the mining laws of the United States; which was read twice 
by its title, and referred to the Committee on Public Lands. 

'Mr. DAWES introduced a bill (S. 2229) for the relief of the 
owners and crew of the Hawaiian bark Arctic; which was read 
twice by its title, and referred to the Committee on Commerce. 

Mr. FAULKNER (for Mr. Barbour) introduced a bill (S. 22.30) 
to incorporate the Washington Electric Company; which was 
read twice by its title, and referred to the Committee on the Dis- 
trict of Columbia. 



1132 



CONGRESSIONAL RECORD— SENATE. 



Febeuaey 15, 



•V|^ ^ MuJVI cMILLAN introduced a joint resolution (S. R. 45) to regu- 
^^^^^^late «tenses to proprietors of theaters in the city of Washington, 
D. C; which was read twice by its title, and referred to the Com- 
mittee on the District of Columbia. 

Mr. KYLE introduced a joint resolution (S. R. 46) providing 
for an investigation relative to the slums of cities; which was 
I'ead twice by its title, and referred to the Committee on Educa- 
tion and Labor. 

Mr. PETTIGREW introduced a joint i-csolution (S. R. 47) 
authorizing the resubdivision of square 673 in the city of Wash- 
ington; which was read twice by its title, and referred to the 
Committee on the District of Columbia. 

Mr. VOORHEES introduced a joint resolution (S. R. 48) au- 
thorizing the appointment of a commission as therein described 
and fortlio purposes therein stated; which was read twice by its 
title, and referred to the Committee on Education and Labor. 

IMMIGRATION LAWS. 

Mr. CHANDLER. I offer a concurrent resolution, and ask 
for its immediate consideration. 

The concurrent resolution was read, as follows: 
Resoleed by the Senate {the House of Bepresentatieea concurring), That the 
Senate Committee on Immigration and the House Committee on Immigra- 
tion and Naturalization, be, and hereby are, authorized jointly to Investigate 
the workings of the various laws of the United States relative to immigra- 
tion from foreign countries, and the importation of contract laborers to the 
United .States, and the expenditures made in connection therewith, and es- 
pecially the recent admission of immigrants Infected with typhus fever into 
the port of New York; the investigation to be conducted at such times and 
places as said committees may deem proper; and the committees are hereby 
authorized jointly, as full committees or through subcommittees thereof, to 
Bend for and examine persons, books, and papers, and to administer oaths to 
witnesses. 

The Senate, by unanimous consent, proceeded to consider the 
concurrent resolution. 

Mr. CHANDLER. I ask unanimous consent to make a state- 
ment, and I ask the attention of the Senator from Tennes.see 
[Mr. Harris], the chairman of the Committee on Epidemic Dis- 
eases. 

I think there is urgent necessity for the passage of this reso- 
lution. I read from the New York Sun of February 12: 

A PLAGDE OF TYPHUS FEVER— FIFTY-SEVEN CASES AMONG IMPORTED RUS- 
SIAN HEBREWS HERE— FIFTEEN STRICKEN IN ONE LODGING HOUSE— PAR- 
ENTS FOLLOW THEIR CHILDREN TO THE HOSPITAL ON NORTH BROTHER 
ISLAND— HOW THE DISEASE BRED BY RUSSIA'S FAMINE WAS BROUGHT TO 
EAST-SIDE TENEMENTS. 

On January 30 the steamship Massila. of the Fabre Line, landed atthis|port 
717 immigrants, Italians and Russian Hebrews. The 450 Italians were taken 
aboard at Naples. The 207 Russian Hebrews had gathered at Odessa from all 
parts of southern Russia, and had arrived here alter a long voyage of unusual 
roughness. 

These Russian Hebrews were divided immediatelj' among the seventeen 
lodging houses provided by the United Hebrew Charities' Association. Yes- 
terday the board of health found that an epidemic of typhus fever, known 
under a dozen names as one of the most terrible fevers that can visit the 
human body and commtinicating itself by contagion as well as by Infection, 
was raging among them. Fifty-seven of them, already down with typhus in 
its marked symptoms, have been taken to the hospital on North Brother Is- 
land, and the' board of health Is doing all in its power to stay the further spread 
Of the disease. It is probable that preventive measures are already too late, 
and that it Is now a question how far those infected for at least ten days have 
spread the fever among their friends whom they have been visiting in the 
crowded tenements of the lower east side. 

I find in the Sun of the 13th the following statement: 
All the Hebrew patients at North Brother Island will be supported at the 
expense of the United Hebrew Charities, which gave bond to Commissioner 
of Immigration Weber that the released Hebrew immigrants would not be- 
come a public charge within a year. It is likely that the bill against the or- 
ganization will not be less than"*10)000. 

Mr. President, it is perfectly clear that these immigrants in- 
fected with this dangerous and deadly disease should not have 
been allowed to land in New York City. The law passed on the 3d 
of March, 1891, is explicit in two particulars: No persons are al- 
lowed to come who ai-e suffering from a loathsome or dangerous 
contagious disease; and no persons are allowed to come into the 
counti'y and be landed in our ports who are likely to become a 
public charge. On either ground these infected immigrants 
should have been excluded. 

It may well be that the commissioner of immigration may be 
able to demonstrate that his physician did not discover symp- 
toms of typhus before the immigrants were admitted, but tlie 
commissioner of immigration did discover that these immigrants 
■were likely to become a jjublic charge, and it was his duty to de- 
tain them as such. He did detain them as such, and if he had 
continued to detain them the typhus fever would have broken 
out among them lieforo they were distributed over the city of 
New York and the city of Brooklyn and througliout the country, 
to bring contagion and death to our citizens. But being waited 
wpon by an agent of the Baron Hirsch Hebrew Charity Fund, 
and receiving from this agent assurance that these paupers would 
be taken care of for one year, he opened wide the doors of Castle 
Garden and let them come in. They were immediately taken by 
this charitable organization and distributed in various boarding 
houses in New York and in Brooklyn, acknowledged paupers, ac- 



knowledged to be Incapable of supporting themselves. They were 
placed there imtil this Hebrew charity society might make some 
provision for them, and within two days there came this out- 
break of ileadly typhus fever. 

Mr. President, I shall not be behind any Senator or any citizen 
of the United States in regxetting the sad fate of these poor peo- 
ple, nor, I trust, in condemning the policy of the Russian Gov- 
ernment in driving them out. But, Mr. President, self-protec- 
tion is the first law of nature. These men and women and chil- 
dren were infected with typhus at Odessa, went from Odessa to 
Constantinople, and Turkey refused them admission into that 
country. They went to Smyrna, and from there they were taken 
to Marseilles, and the French people refused to allow them to stay 
there. They could not go to England, for England, with all of 
her professed philanthropy,excludes the pauper Russian Hebrews, 
and so they took ship for America, and in contravention and dis- 
obedience of our laws they have been distributed from one end o£ 
the Eastern States to the other, perhaps to infect whole communi- 
ties with typhus fever; and they have come in, in my judgment, 
much as I regret to say so, when they should have l>een excluded 
by the immigrant commissioner of New York City in the perform- 
ance of his strict and imperative duties imder a statute of the 
United States. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolution. 

Mr. HARRIS. I simply desire to say that I think it impor- 
tant that this investigation should be made and promptly made; 
and in all human probability, when made in the light of the facts 
developed by it, additional legislation will be found very neces- 
sary upon the general subject-matter. I hope the resolution will 
pass and pass promptly. 

Mr. SHERMAN. I shoidd like to have the resolution again 
read. 

The VICE-PRESIDENT. The resolution will be again read. 

The Chief Clerk read the resolution. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolution. 

The resolution was agreed to. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
ToWLES, its Chief Clerk, announced that the House had passed 
tlie following bills; in which it requested the concurrence of the 
Senate: 

A bill (H. R. 566) to amend the internal-revenue laws, and for 
other purposes; 

A bill (H. R. 1086) for the relief of Louisa Q. Lovell and 
others; and 

A bill (H. R. 610) extending the privileges of the first and 
seventh sections of the act approved .June 10, 1880, governing the 
transportation of merchandise witliout appraisement to the port 
of Ogdcnsburg, in the State of New York. 

DRY DOCK NEAR ALGIERS, LA. 

The VICE-PRESIDENT. Is there further morning business? 
If not, that order is closed, and the Calendar, under Rule VIII, 
is in order. 

Mr. GIBSON of Louisiana. I am compelled to leave the city 
this evening, and I ask the indulgence of the Senate to take uj) 
Order of Business 165, being Senate bill 1900. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill (S. 1900) for the establish- 
ment of a dry dock on the Government reservation near Algiers, 
La., with an appropriation therefor. 

The bill propo.ses to appropriate $350,000, to be expended tmder 
the direction of the Secretary of the Navy, toward the establish- 
ment of a dry dock on the Government reservation near Algiers, 
La., and to acquire such additional land as may be necessary for 
the site of a dry dock, in accordance with the reoommendation.^ 
of the two commissions appointed by the President tmder the 
provisions of the act approved September 7,1888, and the act ap- 
proved June 30, 1890, respectively, concurred in by the Secretary 
of the Navy. 

Mr. ALLISON. That seems to be an important bill, and I 
trust the Senator from Louisiana will give us some explanation 
of it. It provides for the building of a dry dock by the Govern- 
ment. I should like to know the necessity for a dry dock at this 
point; and if there is such a necessity, why the Government of 
the United States should build it? 

Mr. GIBSON of Louisiana. If the Senator so desires, the re- 
port can be read. It will show that this has been recommended 
by the Secretary of the Navy, that it has been i-ecommended by 
two commissions appointed by the President of the United States, 
and that it is recommended by the unanimous voice of the Com- 
mittee on Naval Ailairs. I ask that the report may be read. It 
is a very short report. 



1892. 



CONGRESSIONAL EECOED— SENATE. 



1145 



gressional Library be supplied first, and then let the remainder 
of them go. Therefore I want the Senate library left out. 

Mr. M ANDERSON. I have no objection to that. I think the 
matter to which the Senator refers can very safely be left to the 
Congressional Librarian and the librarian of the Senate. Cer- 
tainly it is not a matter with which the Committee on Printing 
has anything to do. Wo are not running the libraries. 

Mr. COCKRELL. But we do not want the Senate library to 
be encumbered with a useless number of documents. 

Mr. MANDERSON. I do not object to the amendment pro- 
posed, to except the Senate library. 

Mr. COCKRELL. I move, after ''Delegates," in line 12, to in- 
sert "and to the Senate library." 

The VICE-PRESIDENT, the amendment will be stated. 

The Secretary. In line 12 of section 70, after the word •' Del- 
egates," insert the words/' and to the Senate library; " so as to 
read: 

Shall cause an Invoice to he made of all books stored in and about the Cap- 
itol, other than those belonRing to the quota of Members of Congress and 
Delegates and to the Senate library; and all such documents, etc. 

The amendment was agreed to: 

Mr. COCKRELL. In section 75, line 8, I move to strike out 
all after the word '' rooms." The sentence reads: 

All reports or documents to be distributed for Senators, Representatives, 
and Delegates shall be folded and distributed from the folding rooms. 

I move to strike out the rest of the sentence and insert " unless 
otherwise ordered," so as to show specifically that a Senator can 
give an order for them; that they shall go to this place unless 
otherwise ordered. 

The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. After the word "rooms," in line 8, section 
75, strike out the words — 

under the general dii'ection of the superintendent of documents, and when- 
ever in his opinion it is advisable to fold and distribttte any documents from 
the Government Printing Office, or the storehouses connected therewith, he 
shall so order — 

and insert "imless otherwise ordered;" so as to read: 
shall be folded and distributed to the folding rooms unless otherwise or- 
dered. 

The amendment was agreed to. 

Mr. COCKRELL. I should like to ask the Senator from Ne- 
braska it we did not make the amendment on page 43 in regard 
to the distribution of memorials. I was talking to the Senator 
about it, and I am not certain whether the formal amendment 
was made about the distribution of memorials. 

Mr. MANDERSON. I think the amendment was made. The 
clerks can state. 

Mr. COCKRELL. Have amendments been made there on page 
43? I have it noted and I do not know whether I intended to put 
down " amended " or " amend." I think it was amended; that is 
my recollection. On page 43 of the bill it reads "there shall be 

S.-inted of eulogies of deceased Members, Representatives, and 
elegates." 

Mr. ^MANDERSON. Itis page 41 of the bill, commencing with 
with Ime 223. 
The VICE-PRESIDENT. The paragraph will be read. 
Mr. COCKRELL. That has been amended, I think. 
The Chief Clerk read as follows: 

There shall be prmted of eulogies of deceased Senators, Representatives, 
and Delegates, 8,000 copies. 

Mr. COCKRELL. That is all right. Then about either page 
42 or 43 the clause in reference to the distribution of the Con- 
gressional Record was amended, was it not? 

Mr. MANDERSON. I think so. 

The VICE-PRESIDENT. The paragraph referred to will be 
read. 

The Chief Clerk read as follows: 

The Public Printer shall furnish the Congression.vl Record as follows: 
To the Vice-President and each Senator, 44 copies. 

Mr. COCKRELL. That is right. Those amendments were 

made. What amendment has been made on page 63? I want to 

be sure about that. I refer to the last page of the bill, next to 

the last section. 

No Government publications shall be delivered to ofacers and employes of 
Congress 

Mr. MANDERSON. ' ' Except for the use of members thereof," 
is my impression of what was inserted. 
Mr. COCKRELL. Let the Chief Clerk read the next to the 

The VICE-PRESIDENT. The Chief Clerk will read as sug- 
gested. 
The Chief Clerk read as follows: 

No Government publications shall be delivered to oflicers and employes of 
Congress except for the use of members thereof tmless authorized by this 
act. 



Mr. COCKRELL. That is all right. 

Mr. MANDERSON. In the last line of the bill I move to strike 
out the word " bill" and insert ''act" in lieu thereof. 

The VICE-PRESIDENT. The amendment will bo stated. 

The Chief Clerk. In line 2 of .section 102. page 59, strike 
out the word " bill" and insert the word "act;" so as to read: 

All laws In conflict with the provisions of this act are hereby repealed. 

The amendment was agreed to. 

Mr. MANDERSON. I have one more amendment that I de- 
sire to oft'er. I think it should come in as an independent sec- 
tion, and I will move to insert it after section 98 of the chaneed 
bill. 

Mr. COCKRELL. The sections will have to be renumbered, 
the Senator understands. 

Mr. MANDERSON. Oh, yes. 

The VICE-PRESIDENT. ' The amendment moved by the Sen- 
ator from Nebraska will be stated. 

The Chief Clerk. It is proposed to insert a new section as 
follows: 

.Sec. — . Heads of Departments are atuhorlzed to exchange surplus docu- 
ments for such other documents and books as may be required by them, 
when the same can be done to the advantage of the publicsorvlce. 

Mr. MANDERSON. That is to enable heads of Departments 
who find they have an accumulation of duplicates in their libra- 
ries to exchange them for other works needed to complete sets. 
It is suggested by some of the Djjjartments, and it seems to mo 
that it is a desirable thing to be done. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, and 
was read the third time. 

Mr. CALL. Mr. Pi-esident, I do not])ropose to detain the Sen- 
ate any length of time, but I desire to say that in my judgment 
there are objections to this bill which ought to prevent its pas- 
sage in the form in which it now stands before the Senate. 

The bill proposes by an act of Congress, to which the Presi- 
dent's approval is required, that a .Joint Committee on Printing 
shall be created, to consist of three members of the Senate and 
three members of the House of Reiiresontatives. The question 
arises how far it is competent for either House of Congress to 
divest itself of the power to control its own jirooeedings and its 
communication with the people. In my mind there is no doubt 
upon the subject. Tlio Constitution requires that each House 
shall determine its own rules of proceeding. The language is: 
Each House may determine the rules of Its proceedings. 

Is this a rule of proceeding? Is the printing or communica- 
tion which either House of Congress may wish to have with tlio 
people a proceeding? Are the methods which it shall employ 
for the transaction of its business, the publication of its proceed- 
ings, of its bills, and its re ports, proceedings,and are these methods 
to be determined by rules of proceeding or are they not? 

It iselear, unquestionably, that it is a proceeding of each House; 
that the method by which it is to be done is a rule of proceed- 
ing, and that this is a perpetual jjower in each House of Con- 
gress which can not be divested by any action of anybody, either 
of the two organic bodies, with the assent of the President of the 
United States. 

The proposed law appoints the committee. The proposed law 
is incumbent, if it be a law, upon this body to create a joint com- 
mittee to prescribe the number of the committee: that tlioy shall 
be three; and then it vests in this unauthorized body of a joint 
committee unknown to the Constitut ion and the laws certain i^ow- 
ers. They are not an executive body: they are the creation of a law 
by which the two Houses of Congress and the President determine 
a rule of proceeding for each House, and takes away from them 
their power over their own rtiles of proceeding. 

Mr. President, is it important that each House in our theory 
of government should have the control of its own proceedings 
and of its own rules of proceeding? Is that an object which 
should be carefully guarded and preserved? It may be at some 
time absolutely necessary that each House shall preserve its com- 
munication with the people for some important purpose; then 
this proposed law, if it be a law, will deprive either House of the 
power to do it. 

Mr. MANDERSON". I should like to ask the Senator from 
Florida a question, with his permission. 

Mr. CALL. Certainly. 

Mr. MANDERSON. Is the Senator imder the impression that 
this encroachment upon the privileges of either House by agen- 
eral act is a matter that is new in this bill? 

Mr. CALL. I suppose there are some instances to the con- 
trary, but it is new in respect to the public printing of this body; 
that is, in the extent to which this bill carries it. 



1146 



CONGRESSIONAL EE COED— SENATE. 



Februaey 15, 



]\Ii-. MANDERSON. I bag- the permission of the ^nator to 
'make a correction. 

Mr. CALL. Certainly; I am glad to be corrected it I am 
wrong. 

Mr. MANDERSON. Section 1 of the bill is identical in lan- 
guage with a section of the general statutes that has been the 
law for nearly forty years. I refer the Senator to page 741 of the 
revision of 1878, section 3756: 

There shall be a Joint Committee on PuWic Printing, consisting of three 
members of the Senate, appointed by tlie President of the Senate, and three 
members of the House of Representatives, appointed by the Speaker of the 
House, who shall have the powers hereinafter stated. 

So, for nearly forty years this gross violation of the privileges 
of the Houses of Congress has obtained. 

Mr. CALL. I was aware of the statute; but that statute does 
not proceed so far in its minutiae, in its details in reference to 
all the proceedings of this body, as does the bill under considera- 
tion. But the fact that it was formerly done does not deprive the 
objection of any of its force and validity. In this bill it is ex- 
tended to all the proceedings of this body. It oven limits the 
number which may be printed of some of the documents and re- 
ports and bills which may be desired by this body. Therefore, 
while the principle was equally violated forty years ago, it was 
not violated in the essential respects and in the limitations which 
this bill provides; and that is the objection to it. 

Mr. President, whenever and however it may have been that 
this body was divested of its right to publish whatever number 
of public documents it saw fit to do, it was wrong, it was essen- 
tially wrong, and it ought not to be further continued. I do not 
know of any more essential right, of any power more absolutely 
necessary to each house o.f Congress than the right to declare the 
number and the kind of communications which it may send forth 
to the people in vindication of its own proceedings. Yet the 
whole theory of this bill is that the present Congress shall deny 
to a futiu'c Congress the right to do this without a two-thirds 
vote; that the majority of this body shall to-day declare to all 
future Congresses that they shall not exercise this right except 
upon the consent of two-thirds of their members without the ap- 
proval of the President of the United States. 

Mr. President, without continuing this debate, I wish to say 
that I regard this as a fatal objection to the bill, and it derives 
no justification from the fact that it may have been incautiously 
adopted years ago in reference to some part of the public print- 
ing. 

There is no necessity for the legislation proposed. The reduc- 
tions which have been made in the number of copies and in the 
jimount of printing to be done by the Public Printer may be very 
important. I give the chairman of the committee, the Senator 
from Nebraska, credit not only for his careful examination of 
this subject but for his intelligent conduct of the discussion upon 
this subject; but it does not follow from any of his observations 
that this precedent ought to be followed now, that this bill should 
be passed and all its details applied to the proceedings of this 
body, and that future Houses of Congress shall be prohibited from 
the publication of documents which they consider important or 
necessary for the public and for maintaining their own relations 
with the ijeople at large. 

All the proper objects of this bill may be attained equally by 
a joint committee reporting- to each House, and dependent on 
their sanction and approval. Why notV Why is not the joint 
committee of the future Houses of Congress equally competent, 
with the majority of the present Congress, to jirescribe limita- 
tions to the public printing and to its cost? An intelligent joint 
committee examining this subject, responsible to the people and 
to their respective Houses, may, with far better judgment, pre- 
scribe a rule for each Congress in reference to the number of pub- 
lic documents than can this Congress without knowledge of the 
peculiar circumstances and conditions which may surround the 
future Congresses. 

ISIr. President, I do not believe that this bill will etfect any 
very great change in the cost of public x)rinting or diminish it, 
because it creates a great number of additional officials. To my 
mind that would not be a very serious objection, because the De- 
partment of Public Printing is one peculiarly essential to the 
conduct of public b isiness and useful to the peojile of the country 
at large. While a great many documents are published that are 
unnecessary, there are others of great value, and I should not 
object to the emiiloyment of whatever number of persons, upon 
an economical scale, may bo necessary for the proper conduct of 
the business, but that they should be placed beyond the control 
of each House of Congress, that the Senate and the Houses which 
may assemble in futm-e shall have no right to say anything upon 
this subject except by the repeal of this law, with the consent of 
the President or by a two-thirds vote, is, in my judgment, a very 
serious public evil and equally violative of the theory of our 



Government constituting these two bodies, and of the Constitu- 
tion of the United States. 

Indeed, it may be said with truth that the pres3rvation of the 
complete independence of the Senate and the House, and the ab- 
solute right of each to determine its rules of proceeding, is abso- 
lutely necessary 'to the continuance of our form of government. 
To subject their rules and their power to communicate with the 
people to the veto power of the President is a fatal mistake. 

Mr. GALLINGER. Mr. President, while I do not agree with 
all the provisions of this bill, and if 1 had my way would make 
very radical changes in it in the line of greater simplicity and 
greater economy to the Government and to the people, _vet I am 
impressed with the idea that as a whole it is good legislation and 
ought to be enacted into law. For one I am very glad of an op- 
portunity to express my satisfaction with the very excellent work 
in the main that the committee have done and the painstaking 
care with which they have considered the various subjects con- 
nected with this proposed statute. 

During the Fiftieth Congress it was my privilege, as a mem- 
ber of the other House, to be brought in contact with the Gov- 
ernment Printing Office, and to learn something of the details of 
the work there carried on. One thing impressed me more than 
any other during the investigation of the office then had, and 
that was the necessity for a new printing house for the Govern- 
ment. I wish to devote a few minutes of time to c-alling the at- 
tention of the Senate to the urgent necessity that exists to-day, 
not only for legislation to codify the laws relating to printing, 
but more especially for legislation that will create a printing of- 
fice that will be adequate to carry on economically and properly 
the work of the Government in this direction. 

After leaving Congress I was exceeding gratified to learn from 
the ]5ublio jirints that an ajjpropriation had been made for the 
purchase of a site with a view to constructing a printing house 
for the Go%'ernment. But I learned with great regret upon re- 
turning to Washington that for some reason or other that appro- 
priation was not available, and that the construction of a new 
building was apparently as remote as it had been three years be- 
fore. 

A week or ten days ago I passed through Printing House Square 
in New York City. I looked with admiration upon the magnifi- 
cent structures that private enterprise and private money have 
built for the purpose of accommodating the great newspapers 
which we are in the habit of reading every morning. There was 
the superb building which the Tribune Association has con- 
structed, the elegant structiu'e which the World has reared, and 
the buildings for the other great newspapers in that city, all of 
which have been built by private enterjjrise and with private 
means. I recalled to mind the fact that in the city of Boston the 
Globe and the Herald have palaces for the purpose of carrying 
on the work of those newspapers, where the operatives have every 
possible convenience, where sanitary arrangements are carefully 
attended to, and where the comfort, happiness, and care of the 
people who work in those buildings are looked after in every de- 
tail, and I remembered that the other large citiesof the country 
are equally well supplied with modern printing establishments. 
Then my mind wandered back to Washington, and I saw the rick- 
ety old building over there on H street, the largest printing house , 
Ibelieve, in the world, where nearly 3,000 men and women arc 
employed, and I could not but feel that in contrast with what pri- 
vate enterprise has done, the condition of the Government Print- 
ing Office is a disgrace to the Congress of the United States. 

Mr. President, not only is the Government Printing Office an 
utterly inadequate bviilding so far as its capacity and comfort are 
concerned, but if my observations have been correct, its sanitary 
condition is extremely bad. It could not well be worse in that 
respect, and there is also great danger, according to the opinions 
of those who ought to know the facts, that some great calamity 
may befall the 3,000 people who are employed within those walls. 
I do not wish to be an alarmist, but nevertheless will venture to 
say that that printing house is not safe and ought to be con- 
demned. There is danger every day that it may fall to the ground 
with the weight which is imposed upon it. I have it from a 
trusted official of the Government Printing Office that he has 
risen from his bed at night and gone to that building for the pur- 
pose of examining it, fearing that it would bo crushed by the 
weight that is necessarily placed upon its floors. 

Mr. President, it is a crime for the Government of the United 
States (and no other word will properly characterize it) to put 
3,000 men and women within the walls of a building whose sani- 
tary condition is as bad as that, and which is as unsafe as that 
building is. 

I simply wanted to emphasize that point in rising at this time, 
and to say to the Senate of the United States that whether this 
legislation, of which I approve, is passed or not, whether the laws 
relating to the Government printing are collated and put into 



1892. 



CONGEESSIOXAL RECORD— SENATE. 



1147 



proper form or not, an imperative duty rests upon the Joint Com- 
mittee on Printing, and an equal duty rests upon the Congress of 
the United States to see to it that an appropriation is forthcom- 
ing that will give to the Government a building adequate and 
pro])er in which to carry on the printing work of the country. I 
trust that a liberal appropriation for that purpose may be made 
at an early day and that the disgraceful condition of things that 
now exist may be wiped out. 

Then, Mr. President, all the operations of the Government 
Printing Office can be carried on under one roof. The superin- 
tendent of documents, provided for in this bill, can have a local 
habitation in immediate proximity to the other departments of 
the oflice, and genuine economy will be practiced through the 
use of modern appliances, comfortable work rooms, and intelli- 
gent supervision. It will be my most earnest desire, during' the 
time I shall be a memter of this body, to see the consummation 
of this much-needed reform; and certainly no elTort of mine will 
be withheld to aid in its accomplishment. 

The VICE-PRESIDENT. The question is, Shall the bill pass? 

Mr. COKE. On that I ask for the yeas and nays. 

The yeas and nays were ordered, and the Secretary proceeded 
to call the roll. 

Mr. FAULKNER (when his name was called). I.am paired 
with the junior Senator from Pennsylvania [Mr. Quay]. 

Mr. PALMER (when his name was called). I do not under- 
stand the exact significance of pairs upon this question. I am 
paired with the Senator frpm North Dakota [Mr. Hansbrough], 
and I shall not feel at liberty to vote, unless I knew that Sena- 
tor would vote as I should. 

Mr. CASEY. I can say that my colleague Mr. [HANSBROUGH] 
would vote "yea" on this question. 

Mr. PALMER. If I were at liberty to vote I should vote ''nay." 

Mr. PUGH (when his name was called). I have a general pair 
with the Senator from Massachusetts [Mr. Hoar]. On this ques- 
tion I am satisfied he would vote "yea," and I vote "yea." 

Mr. SHERMAN (when his name was called). I am paired with 
the Senator from Kentucky [Mr. Carlisle]: but I understand 
there is no politics in this vote, and as I believe he would vote 
the same way that I do, I vote "yea." 

The roll call was concluded. 

Mr. FAULKNER. I desire to state that my colleague [Mr. 
Kenna] is paired with the junior Senator from Colorado [Mr. 
Wolcott]. My colleague is necessarily detained from the Sen- 
ate. 

Mr. CALL (after having voted in the negative). I wish to in- 
quire if the Senator from Vermont [^Mr. Proctor] has voted? 

The VICE-PRESIDENT. He has not voted. 

Mr. CALL. Then I withdraw my vote, as I am paired with 
him. 

Mr. HISCOCK. I should like to inquire if a quorum has voted. 
I am paired with the Senator from Arkansas [Mr. Jones], with 
the right to vote to make a quorum. 

The VICE-PRESIDENT. The Chair is informed that no quo- 
rum has j'et voted. 

Mr. HISCOCK. Then I vote '' yea." 

Mr. CASEY. I desire to state that my colleague [Mr. Hans- 
BROUGH] is detained from the Chamber by sickness. 

Mr. MANDERSON. I have voted notwithstanding my pair 
with the Senator from Kentucky [Mr. Blackburn], because I 
am satisfied that he would vote "yea" if hewere here; and lalso 
vote to make a quorum. 

The result was announced— j-eas 41, nays C; as follows; 
yeas— 41. 



Allen, 
Allison, 
Blodgett, 
Carey, ,J 

Casey, g 

Chandler, -in 
CocUrell, ^ 
Colquitt, .is 
Davis, 

Dawes, 5! 
Disou, ® 



Dolph, Morgan, 

Dubois, Morrill, 

Frye, Paddock, 

Galllnger, Pasco, 

Gibson, Md., PeCfer, 

Harris, Perkin.?, 

Hawley, Pettigrew, 

Hiacock, Pugb, 

Kyle, Sanders, 

McMillan, Sawyer, 

Manderson, Sherman, " 

NAYS— 6. 

Chilton. George, 
Coke, 

NOT VOTING— 41, 

Felton, Jones, Ark., 

Gibson, La., Jones, Nev., 

Gordon, Kenna, 

Gorman, McPherson, 

Gray, Mitchell, 

Hale, Palmer, 

Hansbrough, Piatt, 

Higginij. Power, 

HiU, Proctor, 

Hoar, Quay, 

Irby, Ransom, 

So the bill was passed. 



Bate. 
Berry, 



O 



Aldrich, "^ 
B.^rbour, rj! 
Blackburn, "■' 
Brlce, l- 

Bntler, O 
Call. LU 

Cameron, 
Carlisle, 
Cullom, 
Daniel, 
Faullaier, 



Squire. 

Stewart, 

Stockbridge, 

Teller, 

Vest, 

VUas, 

Walthall, 

WUson, 



Vance. 



Shoup, 

Stanford, 

Turple, 

Voorhees, 

"Warren, 

Washburn, 

White, 

Wolcott. 



FOOD AND DRUG ADULTERATION. 



Mr. PADDOCK. Pursuant to the understanding had several 
days ago. I now ask that Senate bill No. 1 be taken up. 

The VICE-PRESIDENT. The bUl will be laid before the 
Senate. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the bill (S. 1) for preventing the adulteration and misbrand- 
ing of food and drugs, and for other purposes. 

The VICE-PRESIDENT. The bill will bo read at length. 

Mr. PADDOCK. The amendment in the nature of a substi- 
tute is the bill which I desire to have considered. 

The VICE-PRESIDENT. It will bo read. 

The Chief Clerk. The amendment of the Committee on 
Agriculture and Forestry is to strike out all after the enacting 
clause of the bill and insert: 

That, for the pm-pose ot protecting the commerce in food products and drugs 
between the several States and Ten-ltorles of the United Stales and foreign 
coimtries, the Secretary of Agriculture shall 0"ganize in the Urpartmeut of 
Agriculture a section to be knon-n as the foixl section of the chemical divi- 
sion, and make necessary rules goveniing the same, to carrj- out the pro- 
visions of this act under direction of the chief chemist, whose duty It shall 
be to procure from time t o time, under rules and regulation-s t o be pfcscribcU 
by the Secretary of Agriculture, and analyze or cause to be analyzed or ex- 
amined samples of food and drugs .sold or offered for sale iu any Slate or 
Territory other than where maniu'actured. The Secretary of Agriculture is 
hereby authorized to employ such chemists, inspectors, clerks, laborers, and 
other employes .as may be necessary to carry out the provisions ot this act. 

Sec. 2. That the introduction Into any .State or Territory from any other 
State or Territory or foreign country of any .article of food or drugs which 
is adtilterated or misbranded within the meaning of this act is hereby pro- 
hibited, and .any person who shall knowingly ship or deliver fur shipment 
from any State or Territoiy or foreign country to auy other State or Terri- 
tory, or who shall knowingly receive in any State or Territory from any 
other State or Territory or foreign country, or who, h.avtngsoreceiveiI, shall 
kno^nugly deliver, for pay or otherwise, or olfer to deliver to any ot" r per- 
son, .any such article so adulterated or misbranded within the meanmg of 
this art, shall be guilty of a misdemeiinor, and for .such oHense he fined not 
exceeding S.'0O for the first offense, and for each subsequent offen.se not ex- 
ceeding J3W. or be imprisoned not exceeding one year, or both, in the dl.'scre- 
tion of the cotirt. 

Sec. 3. That the chief chemist shall make, or cause to be made, tmder rules 
.and regulations to be prescribed by the .Secretary of Agriculture, examina- 
tions of specimens of food and drugs which may be collected from time to 
time, tmder rules and regulations to be prescribed by the Secretary ot Agii- 
ctilture, and under his direction to various parts of the country, and publish 
in bulletins the results of such analyses. But the names of manufacturers 
or venders ot such foods or drugs analyzed shall iu no case be publi.shed In 
such bulletins until after conviction in the com'ts ot violation of this act. It 
it shall api^ear from such examiitation that auy ot the provisions of this act 
have been violated the .Secretary of Agriculture shall at once cau.se a report 
of the tact to be made to the proi)er United Stat«s district attorney, with a 
copy of the results ot the analysis duly authenticated by the analyst under 
oath. 

Sec 4. That it shall be the duty of every district attorney to whom the foo:l 
section shall report any violation ot this act to cause proceedings to be com- 
menced andprosecutedwithoutdelay for the flues and penalties in such case 
provided, unless, upon inquiry and examination, ho shall decide that such 
proceedings can not probably be sustained, in which ease he sh.all report the 
tacts to the food section. 

Sec. 5. That the term " drug. " as used in this act. shall Include all medi- 
cines for internal or external use. The term ■food." a,s used herein, shall in- 
clude all articles used for food or drink bj' man. whether simple, mixed, or 
compound. The term 'misbranded." as used herein, shall include all drugs, 
or articles ot food, or which enter into the composition of food, the package 
or label of which shall bear any statement purporting to name any ingredi- 
ents or substances as not being contained in such article, which statement 
shall be false iu auy particular; or any statement purporting to name the 
substances of which such article is made, which statement shall not fully 
give the names of all the substances contained in such article In any measur- 
able quantities. 

Sec. 6. That for the purposes of this act an article shall be deemed to be 
adulterated— 

Incase of drugs: 

First. It when sold under or by a name recognized In the United States 
Pharmacopoeia it illtters from the standard of strength, quality, or pnrity 
according to the tests laid do\vn therein. 

Second. It when sold under or by a name not recognized In the United 
States PharmacopcGia, but which is found in some other pharmacoiiteia or 
other standard work on materia medica, it differs materially from the stand- 
ard ot strength, quality, or purity according to the tests laid down In said 
work. 

Third. If Its strength or purity fall below the professed standard under 
which it is .sold. 

Fourth. If it be an Imitation of and sold under the specific nameot another 
article. 

In the case ot food or drinlc : 

First. If any substance or substances has or have been mixed and packed 
with it so as to reduce or lower or injuriously affiHit its quality or sirength. 
so that such product, when offered for sale, shall be calculated and sh.all tend 
to deceive the purchaser. 

Second. It auy inferior substance or substances has or have been substi- 
tuted wholly or in part for the article, so that the product, when sold, shall 
tend to deceive the ptu-chaser. 

Third. If any valuable constituent ot the article has been wholly or In part 
abstracted, so that the product, when sold, shall tend to deceive the pur- 
chaser. 

Pom-th. It it be an Imitation ol and sold imder the specific name of another 
article. 

Fifth. If it be mixed, colored, powdered, or stained In a manner whereby 
damage is concealed, so that such product, when sold, shall tend to deceive 
the purchaser. 

Sixth. If it contain any added ijolsonous ingredient or any Ingred lent which 
may render such article Injurious to the health of the person consuming It. 

Seventh. If it consists ot the whole or any part ot a dLscased.lllihy. decom- 
posed, or putrid animal or vegetable substance, or any portion of an animal 
unfit for food, whether manufactured or not, or if It Is the product of a dLs- 
eased animal, or of an animal that has died otherwise than by slaughter: 



1148 



CONGRESSIONAL RECORD— SENATE. 



February 15, 



Proi'kh'd, That an arliole of foot! or druK which does not contain any added 
poisonous InKi'cdicnt shall not Do deemed to hi.' adidterated — 

First in the case of niixtnres or conii)oiinds whicli may be now or from 
time to' time liereafter Imown as articles of fijod under their own distinctive 
names, and not included in dclinition fiiurth of this section; 

Second, in tlie case of articles lalieled, branded, or tagged, so as to plainly 
Indicate that they are mixtures, conii)onnds, combinations, or blends; 

Thii'd, when any matter or intiredient has been added to the food or drug 
because the same is required fi ir the production or preparation thereof as an 
article of commerce in a st ate lit lor carriage or consumption, and not fraud- 
ulently to Increase the bulk, weight, or measure of the food or drug, or con- 
ceal the infei'ior quality thereof: Frovidtd, That the same shall be labeled, 
branded, or tagged, as prescribed by the Secretary of Agricidture. so as to 
show them to be compotmds and the exact character thereof: And proritltd 
further, That nothing in this act shall be construed as requiring or compell- 
ing proprietors or manufactures of proprietary medicines to disclose their 
trade formulas; 

Fourth, w'here the food or drug is unavoidably mixed with some extrane- 
ous matter in the process of collection or preparation. 

Sec. 7. Th:it every person manufactnrin.g or exposing for sale or delivering 
to a purchaser any drug or article of food included in the provisions of this 
act shall furnish a sample of such drugs or articles of food to any person duly 
atithorized by the Secretary of Agricultm-e to receive the same, and who 
shall apply to such manufacturer or vender, or person delivering to a pur- 
chaser such drug or article of food for such sample for such use, in suMcient 
quantity for the analysis of any such article or articles in his possession, 
and shall tender him the full value thereof. And in the presence of such 
dealer and an agent of the food section, if so desired by either party, said 
sample shall be divided into three parts and each part shall be sealed by the 
seal of the food section. One part shall be left with the dealer, one delivered 
to the food section, and one deposited with the United States district attor- 
ney for the district in which the sample is taken. Said nianufactiu'er or 
dealer may have the sample left with him analyzed at his own expense, and 
if the results of said analysis differ from those of the food section, the sam- 
ple in the hands of the district attoniey shall be analyzed by a third chemist, 
who shall be appointed by the president of the Association of Ofllcial Agri- 
cultttral Chemists of the United States, in the presence of the chemist of the 
food section and the chemist representing the dealer, and the ^^■hole evidence 
shall be laid before the court. 

Sec. 8. That whoever refuses to comply, upon demand, with the require- 
ments of section 7 of this act shall bo guilty of a misdemeanor, and. upon 
conviction, shall be fined not exceeding ilW) nor less than $10, or imprisoned 
not exceeding one hundred nor less than thirty days, or both. And any per- 
son found guilty of manufacturing, or knowingly offering for sale, or selling 
an adulterated, impure, or misbranded article of food or drug under the pro- 
visions of this act shall be adjudged to pay, in addition to the penalties here- 
tofore iirovided for, all the necessary costs and expenses incurred in in- 
specting and analyzing such adulterated articles which said person may 
have been found guilty of manufacturing, selling, or offering for sale. / 

Sec. 9. That in prosecutions tor violations of any of the provisions of this 
act proof of the act done shall be held to imply knowledge and intent on the 
part of the accused, unless such knowledge and intent shall be disproved on 
the trial. If it be shown that said dealer is innocent of any intent ioiuil fraud, 
then the action in cotu't shall lie against the dealers having furnish''d the 
accused the articles In question, and these Sealers shall be i^arties to the suit. 

Sec. 10. That this act shall not be construed to interfere with commerce 
wholly internal In any State, nor with the exercise of their police powers by 
the several States. 

Sec. 11. That for the ptu'pose of enabling the Secretary of Agi'iculture to 
carry tills law into effect, there is hereby appropriated, out of any moneys in 
the Treasury not otherwise appropriated, the sum of $lt)0.000. 

Mr. PADDOCK. In the last Congress, when this bill was re- 
ported by the Committee on Ag-rieulture and Forestry, a some- 
what extended report accompanied the bill. I desire to have 
read as the reportfor the bill at this time certain portions of that 
report which I have marked, and whicli I will send to the Secre- 
tar.v's desk. 

Mr. BATE. There is no objection to that. 

The PRESIDING OFFICER (Mr. Pasco in the chair). The 
parts marked in the report will be read if there be no objection. 
The Chair hears none. 

The Chief Clerk read from the report submitted by Mr. Pad- 
dock, from the Committee on Agriculture and Forestry, June 
16, 18'JO, as follows: 

The object of the proposed law is to proride for the inspection and to pro- 
hibit the Introduction of. adulterated or misbranded foods or drugs into 
any State or Territory, or the District of Columbia, from any other State or 
Territory, or foreign country, and to provide, through the Department of 
Agriculture, proper administrative machinery for its enforcement. 

The Department of Agriculture was chosen as the Department to which 
the execution of the law should be properly assigned, because it has for sev- 
eral years been carrying on investigations and examinations of a character 
similar to that which it would be required to perform under the pro\asions 
of the proposed legislation. The division of chemistry has made exhaustive 
researches into food adulteration. Five bulletins already issued not only 
give evidence of the excellent equipment of the Department for scientific 
work of this nature, but furnish a mass of conclusive arguments for the en- 
actment of the law itself. These investigations afford a startling exhibit of 
the prevalence of food adulteration throughout the country and the wide- 
spread extent of the soi)histicatiou of articles of daily consumption by the 
people. 

IX the National Government is to interpose to prevent, as your committee 
believes it should, the damage to health and morals which th^:e practices 
of dishonest dealers are working in every community, it see/is desirable 
that the information already gained and the experience acquired in the De- 
partment of Agi'iculture should be utilized. As the proper enforcement of 
the law will depend very largel.v upon acctu'ate scientific investigations.it 
was felt that the officers charged with itsexecution should be connected with 
a distinctly scientific department. 

Anotherreason.eqtially strong, presented itself as an argument forplacing 
the execution of the law under the Department of Agriculture. By far the 
greater part of the articles of food consumption which would be beneficially 
affected by legislation of the character proposed are the prodticts of Ameri- 
can agricultm-e. The American farmer is primarily most deeply interested 
as a producer in the passage of laws which will maintain the standard of 
purity which he sets up for himself In the productions of his dairy, his 
meadow, his apiary, and his swine pen. Declining prices and restricted 
markets, the results of the sophistication of foods after they have passed 
from his hands, withdrawal of the confidence of consumers, which is affect- 



ing alike the reputation of the producer and the product, all have combined 
to arouse the American farmer to the necessity of such legislation by Con- 
gress as may be needed to supplement the imperfect and consequently in- 
effective legislation of the .States. 

q"he import ance of the subject of adulteration has been conceded since the 
earliest tinier, and governments have been called to deal with it for centu- 
ries past. But it has only been since the great opportunities for fraud pro- 
vided by modern science, and especially modern chemistry, have presented 
themselves that the sophistication of articles of commerce has reached its 
present height. Science has been called upon in the interest of honesty to 
trace and detect the frauds of scientific dishonesty, and the microscope, test 
tube, retort, and chemical reagent have opened to view the grave and growing 
consequences of a greed for gain which is assailing the public health, affect- 
ing the pocket of the consumer, and undermining what is so aptly denomi- 
nated by Dr. Ilassall as the very foundatlcju of trade, \'iz, "p^aith in com- 
mercial integrity.'" The report upon House bill 103'M, from the Committee 
on Agriculture, Fiftieth Congi'ess, tersely sums up the situation as follows: 

"That one of the first considerations of every civilized government is its 
food supply can not be controverted, nor can it be contested that the piu'ity 
of the supply is as important as the supply itself. Quantity alone will not 
meet the demand; quality, within certain limits, is as necessary to health and 
the prolongation of life as quantity is to its preservation. 

•The recent exhaustive examina'tion into the alleged adulteration of lard 
by this committee demonstrated the prevalence of covetous and dishonest 
practices in the degeneration, counterfeit, and substitution of commodities 
by whicli inferior, cheaper, and sometimes injurious articles were made to 
reiu-eseiit those of standard quality and .absolute purity. 

■This state of facts amounts not only to a premium upon dishonesty, but 
is a threat to national health. Honest manufacturers and dealers are placed 
at a disadvantage or are forced into a reckless competition with fraud. Le- 
gitimate tr.ade is handicapped and demoralized. It tends to make an Ish- 
maelite of both manufacturer and dealer, and the hand that is raised against 
competitors in trade falls in the case of the meat industries of the country 
necessarily upon the seven millions and over of farmers who produce the 
supply and fraudulently upon the entire population that consumes it at sec- 
ond hand." 

The same application can be made to every other manufactured food prod- 
uct which is the subject of fraudulent compounding and sophistications: 
and investigation has established that few articles of diet are exempt. 
While it is true that by far the greater proportion of these adulterations are 
corninercial frauds, and not necessarily poisonous in character, it is imdis- 
puted that trickery and dishonesty have not stopped at the line of mere 
sijphistication, and that in many instances unscrupulous manufacturers, 
manipulators, compounders, and dealers have not hesitated to color, stuff, 
:ind revamp their wares with dyes, drtlgs, and minerals of a death-dealing 
nature. 

"A great variety of such substances, "says Dr. Hassall, the eminent English 
exjiert. " are used for the piu'pose of adulteration. We have ourselves de- 
tected among others the following: The three chromates of lead, the three 
Brunswick greens, which are mixtures of the chromates of lead and indigo 
in- Prussian blue, red oxide of lead or red lead, arsenite of copper, etc. * * * 
The list, it will be observed, contains the names of some of the most virulent 
lioisons." 

The special agent oj the Agricultural Department, in Bulletin No. 25 of the 
division of chemistry. Department of Agi'iculture, after an exhaustive in- 
vestigation of the subject, says: 

"The investigations of the wi'iter show, as will, I think, be conclusively 
proved by the evidence adduced, that adulteration of our food jjroducts is 
generally and steadily increasing. Tliat most of these adulterations belong 
to the second class, namely, the nonlujurious to health, is a cause for con- 
gi'atulation. and In many cases of adulteration prejudicial to health the use 
of such adulterants ou.ght to be charged rather to ignorance than to malii-e. 
The result to the consumer, however, is just as gi'ievous, and calls as loudly 
for his protection from deleterious comijounds fraudulently introduced into 
food, drink. ;ind drugs as though he were the \actim of malice. 

" It ni:i.v be noted here that iiniong the most poisonous adulterants in tiso 
are those used tr)color and cheapen confectionery and liquors. Now, setting 
aside for a monient the consideration of this most grievous sort of adultera- 
tion, by whicli Uie public health is injured, we find what we have styled " non- 
injurious adulteration" so common that estimates as to the amount of which 
the American people are annually defrauded in this manner are simply ap- 
palling. Several features of this great and growing evil demand special con- 
sideration. First, this fraud bears most heavily upon the uneducated and the 
poor. While the poor man is compelled to patronize cheap stores, and in his 
struggle for existence and his endeavor to provide the quantity necessary to 
supply the d:iily wants of himself and famil.v, is driven to purchase cheap 
goods the rich man can to a certain extent protect himself by confining his 
dealings to the most reputable tradesmen and paying the highest prices. 

"Again, we find that adulteration of many of our food products results in 
cheapening thii product of the farm, thus lessening the profits of the hus- 
bandman and robbing both consumer and producer. It must not be forgot- 
ten, too. that even though adulterated with matter not positi\ely Injurious 
to health, such food, drugs, or liquors can not bo as nutritious and whole- 
some as the pure articles, and especially important does this feature of adul- 
teration become in the matter of drugs used to prevent or cure disease. To 
be fed on debased and poisoned food, tainted or diseased meat, until the body 
sickens is surely bad enough without the efforts of the physician to prevent 
or allay disease being frustrated by his inability to seci'ire tmadulterated 
drugs and remedies fitted to do his work." 

The charge made by English chemists and the parliamentary commission 
that adulteration and soiihistication was prevalent in every class of food 
products examined has been fully borne out in this country. A mere glance 
over the articles analyzed by state and national chemists with the results of 
the analyses is sufllcieht to show the startling prevalence of fraud in the 
manufacture and sale of products in daily consumption in our homes. It is 
shown that from bread to wine, through the whole commercial alphabet, dis- 
honest and mercenary manufacturers are busily engaged in robbing the pub- 
lic to increase profits. In England, Hassall, and in our country Prof. Sharp- 
less, the chemists of the Bureau of Agriculture and of various State boards 
of health have printed classified lists of adulterants commonly found in arti- 
cles of food. 

Of articles of food subject to adulteration the proportion which is adul- 
terated is nothing if not startling. Dr Lattimore, analyst of the New York 
State Board of Health, reported that of 376 articles of diet in daily use in 
every household ^.V), or more than two-thirds, were found to be adulterated. 
Of :;05 s.amples of so-called cream of tartar analyzed, only 53 were unadul- 
terated. 

These reports are fully borne out by the investigations made by the Amer- 
ican Society for the Pi'evention of the Adulteration of Food, which has 
done brave work in ;ittractin,g public attention to the crying need of a na- 
tional law to prevent these commercial frauds. The chemist of the society 
gives the following results of examinations made by himself and compareil 
with the similar work of other examining analysts: 

"Average of the percent of adulteration of the more common articles of 



1892. 



CONGEESSIONAL RECORD— SENATE. 



1119 



food and drugs: Olive oU, 60 per cent; castor-oil, 20 per cent; blue oint- 
ment, 61 per cent; tincture opium, 58 per cent; spices and condiments, 66 
per cent; candies, 33 per cent; sirups, 50 per cent; cream tartar 40 per 
cent; baking powder, 44 percent; butter, 40 percent; bread and pastry, 15 
per cent; mdk, 40 per cent; lower grade sugar, 'M per cent; lard TO per 
cent; tea, 40 per cent; ground coffee, 49 per cent; cider vinegar, 80 per 
cent; ice cream, 55 per cent; cbocolate, 38 per cent; honey, 24 per cent; 
wine, 40 per cent; beer, 45 per cent; spirituovis liquors, 33 per cent" 

The enormous amount of adulterated food products under false pretenses 
can not be questioned in the face of the facts presented, or the menace to 
health in many of the adulterations used.. But there is another point of view 
as important as it is practical, viz, the effect of these practices upon the pocket 
of the consumer. It is manifest from the investigations made that price no 
longer guarantees purity. But even where this is the case thewealthy alone 
reap the benefits. The purchasers of tlie inferior, because the cheaper, arti- 
cles are naturally those of most moderate means. The robbery through food 
adulteration therefore falls most heavily on the poor. The annual sum gained 
by these commercial pickpockets is startling. 

"It is estimated by one of the leading trade journals of the United States that 
2 per cent, of the entire food supply of this coimtry is sophisticated. Taking 
the conservative estimate of 34,500,000,01X1 as the total value of the food supply 
consumed in the United States annually, there is, upon this basis of estima- 
tion, $90,000,000 a year of fraudulent food products foisted upon consumers. 
Dr. Abbott, of the Massachuset t ^ 1 « lard ■ i f health, asserts that in that State, as 
the result of stringent food and diut; inspection laws, there has been a saving 
of per cent, to the people in the increased piu-ity of food products. 

If the same results of deterrent legislation could prevail throughout the 
country, the annual saving to the consumer through pure food would reach 
a stupendous sum. 

But there is another standpoint hardly less vital from which the impor- 
tance of the subject presents itself. That is from the side of the food producer 
whoso products are sophisticated and mlsbranded and whose market for a 
pure product is restricted- because of the suspicion of fraud which dis- 
credits the purity of the products subject to adtUteration. Both Houses of 
Congress have been deluged with petitions from farmers' organizations dur- 
ing the present session praying for legislation which will compel the manu- 
factm-ers of hog pnidui'ts to conform to the laws of commercial honesty. 
They complain, and justly, that the sale of compoimded products tmder the 
name of the genuine article is destroying a remunerative market tor their 
hogs by displacing millions of pounds of pure lard with articles of a cheaper 
quality sold under the same name. 

Our export market is already suffering from the discredit thrown upon 
American food products. Prosecutions in England of tradesmen selling 
adulterated American food has cast suspicion on other products. National 
Inspection abroad Is so rigid and thorough that its absence in this country Is 
taken as evidence of a studied disinclination on the part of our Govermnent 
to protect consumers against coniinercial avarice and fraud. In consequence 
there is an alarming decrease noticeable in the export demand of articles 
most subject to adtilleratlon and which need most inspection to assure their 
edibility and healthfulness. Nt>thing but Congressional action can relieve 
the situation. 

The demand for legislation by Congress to prevent dangerous adulterations 
and the sophistication of foods and drugs has been yearly increasing since 
attention has been directed by various .State boards of health and commis- 
sions to the alarming prevalence of fraud in the preparation and sale of foods 
and medicines. In nine States pure-food laws are already operative. There 
is no dissent to the verdict that their operation and application have within 
the limited lines of State jurisdiction been productive of good, both by ma- 
terially decreasing fraud through the fear of exposure and in inculcating 
greater watchfulness on the part of the ptu'chasers and consumers. But, 
however efficient State regulation has been. It has entirely failed to meet the 
requirements of the situation, o\\'ing to the Federal restrictions against In- 
terference by local authorities with interstate commerce. 

Repeated decisions of the courts have so contracted the surveillance of the 
States as to leave a wide and steadily growing margin which State legisla- 
tion is incompetent to reach. But barely one-fourth of the States have 
awakened to the need of stamping out fraud in the manufacture and sale of 
these products, or have exercised their rights of inspection to the extent of 
their capacity. As a result throughout the greater part of the country, as 
shown by the most careful national investigation, the adulteration and sophis- 
tication of foods continue but slightly checked. The recent decision of the 
Supreme Court of the United States in the case of Leisy vs. Hardin, better 
known as the original liquor package case, and the Minnesota dressed beef 
cases make legislation by Congi-ess imperative if any legislation is to be 
effective. 

The bill reported by your committee Is believed to be at once conservative 
and comprehensive. It is drawn, in my judgment, alike In the interests of 
the honest manufacturer and of the general consuming public. It will ren- 
der unnecessary the enactment of laws directed against special Interests or 
designed to supplement trade jealousies. By its passage, adtilteratiou and 
sophistication in foods and drugs will, it Is believed, be redttccd to the mini- 
mum, commercial integrity bulwarked by the detection and punishment of 
dishonest dealers, and millions of dollars annually saved now abstracted 
from the pockets of consumers. Supplemented as it has been by legislation 
dealing with the inspection of products of the slaughter houses intended for 
foreigTi sale, it will strengthen and build up a declining export trade in 
American food products and materially lighten the load now carried by the 
American farmer. 

Mr. SAWYER. I move that the Senate proceed to the con- 
sideration of executive business. 

Mr. PADDOCK. I ask the Senator to yield to me for a mo- 
ment. 

Mr. SAWYER. AIL right; I withdraw the motion for the 
present. 

Mr. PADDOCK. I desire simply to state that I understand 
the arrangement to be that this bill will go over as the unfinished 
business until to-morrow after the morning hour, and that it will 
come up at 2 o'clock as the regular order. 

The PRESIDING OFFICER. That is the parliamentary situ- 
ation of the bill. 

Mr. PADDOCK. I yield to the Senator from Wisconsm [Mr. 
Sawyer]. 

executive session. 

Mr. SAWYER. I renew my motion that the Senate proceed 
to the consideration of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After five minutes spent in 



executive session the doors were reopened, and (at 4 o'clock and 
50 minutes p. m.) the Senate adjourned until to-morrow, Tues- 
day, February IG, 1892, at 12 o'clock meridian. 



NOMINATIONS. 
Executive nominations received by the Senate February 15, 1892. 

ENVOY EXTRAORDMARY AND MINISTER PLENIPOTENTIARY. 

Rowland B. JIahany, of New Yoi-k, to be envoy extraordinary 
and mioister plenipotentiary of the United States to Ecuador. 

UNITED STATES CIRCUIT JUDGE. 

.loseph McKenna, of California, to be United States circuit 
judge for the ninth judicial circuit, vice Lorenzo Sawyer, de- 



ceased. 



ASSISTANT SURGEON IN THE NAVY. 



Merritt Wright Barnum, a resident of New York, to be an as- 
sistant surgeon in the Navy, to fill a vacancy in that grade. 

POSTMASTERS. 

Samuel B. Boder, to be postmaster at Boulder, in the county of 
Boulder and State of Colorado, in the place of Valentine Butsch, 
whose commission expires February 28, ].H!)2. 

Le Baron B. Willard , to bo postmaster at G reeley , in tlie county 
of Weld and State of Colorado, in the place of Rudolph H. Johns, 
whose commission expires February 28, 1892. 

Samuel P. Cole, to be postmaster at Pella. in the county of 
Marion and State of Iowa, in the place of John H. Stubenrauch, 
whose commission expires February 24, 1892. 

Joseph H. Reynolds, to be postmaster at Harlan, in the county 
ot Shelby and State of Iowa, in the place of Jonathan B. Stuts- 
man; whose commission expired February 9, 1892. 

Edward Hall, to be postmaster at Havre de Grace, in the 
county of Harford and State of Maryland, in the place of Jo- 
seph F. Woodrow whose commission expired February 9, 1892. 

Henry A. Talbot, to be postmaster of Franklin, in the county 
of Norfolk and State ot Massachusetts, in the place of James M. 
Freeman, whose commission expired January 16, 1892, and who 
has also resigned. 

Edward P. H. Pearson, to be postmaster at Pontiac, in the 
county of Oakland and State of Michigan, in the place of James 
G. Buchanan, whose commission expired January 31, 1892. 

Hanson H. Barnes, to bo postmaster at Castle, in the county 
of Meagher and State of Montana, the appointment of a postmas- 
ter for the said office having, by law, become vested in the Pres- 
ident on and after January 1, 1892. 

Frank .J. Nesbitt, to be postmaster at Bozeman, in the county 
of (iallatin and State of Montana, in the place of George Budd, 
de<'cased. 

Samuel E. Potits, to be postmaster at Westerville, in the county 
of Fi'anklin and State of Ohio, in the place of William Rowe, 
whose commission expired January Hi, 1892. 

Lewis B. Landmesser, to be postmaster at Wilkes Barre, in the 
county of Luzerne and State of Pennsylvania, in the plaee of Mary 
E.P.Bogert, whose commission expired December 21, 1891. 

. William T. Lewis, to be postmaster at Austin, in the covmty of 
Potter and State of Pennsylvania, in the place of Nelson H. Hast- 
ings, deceased. 

J. Clarence Reeve, to bo postmaster at East Greenwich, in the 
county of Kent and State of Rhode Island, in the place of John 
F. Galvin, whose commission expired January 2.3, 1892. 

John S. Fenn, to be postmaster at Port Angeles, in the county 
of Clallam and State of Washington, the appointment of a post- 
master for the said office having, by law, become vested in the 
President on and after January 1, 1892. 

Edwin D. Coe, to be postmaster at White Water, in the county 
of Walworth and State of Wisconsin, in the place of Edward F. 
Donnelly, whoso commission expires February 24, 1892. 

Levi R. Davis, to be postmaster at Newcastle, in the county of 
Weston and State of Wyoming, the appointment ot a postmaster 
for the said office having, by law, become vested in the President 
on and after July 1, 1891. 

CONFIRMATIONS. 
Executive wmunalions confirmed by the Senate February 15, 1S93. 

POSTMASTERS. 

Hanson H. Barnes, to be postmaster at Castle, Meagher County, 
Mont. 

Frank J. Nesbitt, to be postmaster at Bozeman, Gallatin County, 
Mont. 

Edwin D. Coe, to be postmaster at White Water, Walworth 
County, Wis. 



1150 



CONGRESHIONAL HECOliD— HOUSE. 



Eebkuary 15, 



HOUSE OF EEPEESENTATrS'ES. 

Monday, February 15, 1892. 

The House was called to order at 12 o'clock m. by the Clerk, 

Hon. James Kbre, who road the following- communication: 

Hon. JAMES Kerr, 

Clerk House of Representativeti: 

I name Hon. Benton McMilmn to perform the duties of the Chair for this 
flay. 

CHARLES F. CRISP, Speaker. 

Mr. McMiLLiN accordingly took the chair as Speaker pro tem- 
pore. 
' Prayer by the Chaplain, Rev. W. H. Milburn, D. D. 

The Journal of the proceedings of Saturday was I'cad and ap- 
proved. 

WILLIAM M'DONALD VS. THE UNITED STATES. 

The SPEAKER p?'0 tempore laid iiefore the House a letter from 
the assistant clerk of the Court of CJlaims. transmitting the find- 
ings of the court in the Frencli spoliation claims case of William 
Mcl^onald vs. The United States; wlrich was referred to the Com- 
mittee on Claims. 

LEAVE OP ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 

To Mr. Taylor of Tennessee, for ten days, on account of im- 
portant btisiness. 

To Mr. BACON, indefinitely, on account of sickness. 

To Mr. Stout, indefinitely, on accoimt of sickness in his fam- 
ily- 

To Mr. Williams of Illuiois(on motion of Mr. Scott), indefi- 
nitely, on account of sickness. 

district of COLUMBIA SUBURBAN RAILWAY COMPANY. 
Mr. RICHARDSON, by unanimous consent, from the Com- 
mittee on the District of Columbia, submitted a report to accom- 
pany tlie bill (H. R. 429) to incorporate the District of Columbia 
Suburban Railway Company; which was ordered to be printed, 
and referred to the House Calendar. 

ORDER OP BUSINESS. 

The SPEAKER 2Jro tempore. The Chair will direct the Clerk 
to read the first clause of Rule XXVIII, which defines the order 
of business for this day's session. 

The Clerk read as follows: 

No standing rule or order of the House shall be rescinded or changed with- 
out one day's notice of the motion therefor, and no rule shall he suspended 
except by a vote of two-thirds of the members present; nor shall the Speaker 
entertain a motion to suspend the rules except on the first and third Mon- 
days of each month, preference being given on the first Monday to individ- 
uals, and on the third Monday to committees, and during the last six days of 
a session. 

The SPEAKER pro tempore. The Chair will, under the rule 
just read, call the committees for motions to suspend the rules. 
Under this rule authority from the committee is required in order 
to entitle a member to made the motion to suspend the rules. 

POET OP OGDENSBURG, N. Y. 

Mr. WISE (when the Committee on Interstate and Foreign 
Commerce was called). Mr. Speaker, on behalf of the Commit- 
tee on Interstate and Foreign Commerce, I move to suspend the 
rules and pass the bill (H. R. 610) extending the privileges of the 
first and seventh sections of the act approved Juno 10, 1880, gov- 
erning the transportation of merchandise without appraisement 
to the port of Ogdensburg, in the State of New York. 

The SPEAKER pro tempore. The bill will be read. 

The bill was read, as follows: 

He it enacted, etc.. That the privileges of the first and seventh sections of 
the act approved June 10, 1880, governing the transportation of merchandise 
without appralsment, be, and the same aro hereby, extended to the port of 
Ogdensburg, in the State of New York. 

Mr. WISE. I will simply state, Mr. Speaker, that the bill has 
been referred to the Secretary of the Treasury. It involves no 
expenditure 

Mr. RICHARDSON. Mr. Speaker, I believe debate is not in 
order. 

The SPEAKER itro tempore. Debate is not in order at this 
time. The question is on the motion of the gentleman from Vir- 
ginia to suspend the rules and pass the bill. Is a second to the 
motion demanded'? 

Mr. RICHARDSON. I demand a second, but am perfectly will- 
ing-, Mr. S))eaker, that a second may be considered as ordered. 

Mr. LIND. Mr. Speaker, I object to that. 

The SPEAKER piro tempore. Then the question is on second- 
ing the demand of tlie gentleman from Virginia, and the Chair 
■will apiJoint as tellers the gentleman from Virginia, Mr. Wise, 
and the gentleman from Tennessee, Mr. Richardson. 

Mr. OATES. Let the title of the bill be again read. 

The title of the bill was again read. ' 



Mr. LIND. Mr. Speaker, I withdraw my demand for a sec- 
ond. It was made under a misapprehension as 1o the bill. 

The SPEAKER jji'o (fcjiyjorc. If there ba no further demand 
for a second it will be considered as ordered. 

There was no further demand. 

The SPEAKER pro tempore. Under the rule thirty minutes 
are now allowed for debate, fifteen on either side; and the Chair 
will recognize the gentleman from Virginia to control the t'mo 
in support of the motion. 

Mr. OATES. Mr. Speaker, will the gentleman from Virginia, 
before he proceeds, have the act to which this bill refer? read 
for information? 

Mr. WISE. I- will state to the gentleman that I have sent for 
the act, and will have it read as soon as it reaches me. 

Mr. Speaker, I want to say nothing except that this bill has 
been referred to the Secretary of the Treasury and meets his 
approval; it involves no expenditure, but is simply designed to 
extend to this port of Ogdensburg the same jirivilege that has 
been extended to numerous other ports in the United States. 

I have now before me the act in question to which the gentle- 
man from Alabama refers. 

Mr. OATES. I hope the gentleman will have it read. 

Mr. WISE. Mr. Speaker, I will have the first and seventh 
sections of the act read for the in formation of the gentleman from 
Alabama [Mr. Oates]. They are the sections which it is pro- 
posed to amend. 

The SPEAKER pro tempore. The Clerk will rei-)ort the sec- 
tions. 

The Clerk read as follows: 

Be it enacted, etc., That when any merchandise, other than explosive articles, 
and articles in bulk not provided for in section 4 [I] of this act. imported 
at the ports of New York. Phila'ielpliia, Boston. Baltimore, Portland and 
Balh, in Maine, Chicago, PortHurou. Detroit. Ne-^'Orleans. Norfolk. Charles- 
ton, Savannah, Mobile. Galveston, Pensacola, Florida, Cleveland. Toledo, 
and San Francisco, shall appear by the Invoice or bill of lading and manifest 
of the importing vessel to be consigned to and destined for either of the ports 
specified In the seventh section of this act. the collector at the port of arrival 
shall allow the said merchandise to be shipped immediately after the entry 
prescribed in section 3 of this act has been made. 

Mr. McCREARY. Now, Mr. Speaker, I ask for the reading 
of the bill. 

The SPEAKER pro tempore. The bill has been read, but if 
there bo no objection it will be reported again. 

The bill was again read. 

Mr. HOLM AN. I hope the report will be read. 

Mr. OATES. Let the Clerk read the seventh section of the 
act. 

The SPEAKER pro tempore. The Clerk will report section 7. 

The Clerk read as follows: 

Sec. 7. That the privilege of immediate transportation shall extend to tho 
ports of New York and Buffalo, in New York; Burlington, in Vermont; Bos- 
ton, in Massachusetts; Providence ana Newi:)ort, in Rhode Island; New 
Haven.MlddletowB, and Hartford. in Connect lent :Philadelphia and Plttsbm-g, 
in Pennsylv.anla; Baltimore, Crisfleld, and Annapolis, m Maryland; Wil- 
mington and Seaford, in Delaware; Salem, Massachusetts; Georgetown, in 
the District of Columbia; Norfolk, Richmond, .and Peter.sbm-g, in Virginia; 
Wilmington ;xnd New Berne, inNorth Carolina; Charleston and Port Royal, 
in Soutii Carolina; Savannah and Brunswick, In Georgia; New Orleans, In 
Louisiana; Portland and Bath, in Maine; Portsmouth, in New Hampshire; 
Chicago, Cairo, Alton, and Quincy, in Illinois; Detroit, Port Huron, and 
Grand Haven, in Michigan; St. Louis, Kansas City, and St. Joseph, in Mis- 
souri; St. Paul, in Minnesota; Cincinnati, Cleveland, and Toledo, in Ohio; 
Milwaukee and La Crosse, In Wisconsin; Louisville, in Kentucky. 

Mr. WISE. Mr. Speaker, I do flot think it is necessary to 
read that seventh section any further. It simply shows that 
since theoriginal actwas passed this pi'ivilege has been extended 
to numerous ports, and there are other acts by which it has also 
been extended to other ports than those named in the seventh sec- 
tion. I want to state also that this does not involve the expend- 
iture of another dollar. 

Mr. HOLMAN. This is already a port of delivery? 

Mr. WISE. Yes, sir. 

Mr. OATES. And it does not interfere with customs collec- 
tions. 

Mr. WISE. Not at all. It is unanimously reported by the 
Committee on Interstate and Foreign Commerce, and there can 
certainly be no objection to it. 

Mr. OATES. I have no objection. 

The SPEAKER pro tempore. Does the gentleman from Vir- 
ginia [Mr. Wise] desire the remainder of the section read? 

Mr. WISE. No, sir; I do not think so. My friend from Alar 
bama does not wish it read any further. 

The SPEAKER piro tempore. The question is on the motion of 
the gentleman from Virginia [Mr. Wise] to suspend the rules 
and pass the bill which has been reported. 

The question was taken and (two-thirds voting in favor thereof) 
tho rules were suspended and the bill passed. 

ORDER OP business. 

The Committee on Rivers and Harbors having been called — 

Mr. BLANCH ARD said: 

Mr. Speaker, I am directed by the Committee on Rivers and 



1892. 



CONGRESSIONAL RECORD— SENATE. 



1167 



SENATE. 

Tuesday, Feh-uanj 16, 1892. 

Prayer by the Chaplain, Rev. J. G. Butler, D. D. 

The Journal of yesterday's proceeding-swas read and approved. 

CREDENTIALS. 

The VICE-PRESIDENT presented the credentials of JOHN 
Sherman, chosen by the Legislature of Ohio a Senator from that 
State for the term beginning March 4, 1893; which were read, 
and ordered to be filed. 

EXECUTIVE COMMUNICATIONS. 

Tlie VICE-PRESIDENT laid befoi-o the Senate a communica- 
tion from the Secretary of the Treasury, transmitting a com- 
munication from the chief of the division of stationery, printing', 
and blanks of that Department, stating that the Public Printer 
has informed the Department that the Troasui-y allotment of 
8285,000 for printing and binding for the current fiscal year is 
exhausted, estimating that it will require the additional sum of 
$100,000 for that service for the remainder of the fiscal year, and 
recommending that an appropriation of that amount be included 
in the urgent deficiency bill; which, with the accompanying 
papers, was referred to the Committee on Appropriations, and 
ordered to be printed. 

He also laid before the Senate a communication from the Sec- 
retary of War, transmitting, with a favorable recommendation, 
a letter from the Acting Judge- Advocate-General of the Army, 
submitting a draft of a bill to authorize the administration of 
oaths by certain civil and military officers of the United States; 
which, with the accompanying papers, was referred to the Com- 
mittee on Military Affairs, and ordered to be printed. 

PETITIONS AND MEMORIALS. 

Mr. BLODGETT presented petitions collected by the National 
Woman's Christian Temperance Union, signed by 50 citizens of 
New Jersey, and petitions collected by the National Woman's 
Christian Temperance Union, signed by 133 citizens of New Jer- 
sey, praying that no exposition, or exhibition for which appro- 
priations are made by Congress shall be opened on Sunday; which 
were referred to the Committee on the Quadro-Centennial (Se- 
lect). 

Mr. FAULKNER presented a petition of Forest Grange, No. 
29, Patrons of Husbandry, of Jefferson County, W. Va., praying 
for the passage of the pure-food bill now pending in the Senate; 
which was ordered to lie on the table. 

Mr. FAULKNER. I present a petition, signed by B. F. Eshlo- 
man and 31 other citizens of New Orleans, La., praying that the 
present postal law which provides for third and fourth class mail 
matter may be changed so as to consolidate both classes into one, 
to be designated as the third class, and that the rate of i)ostage 
be fixed at 1 cent for 2 ounces. I also present a similar petition, 
signed by J. L. Lyons & Co. and 40 other citizens and firms of 
New Orleans, La., making the same pi-ayer. I will state that I 

Ei-esent these petitions at the request of the junior Senator from 
ouisiana [Mr. White], who was unexpectedly called from the 
city yesterday. I move that the petitions be referred to the Com- 
mittee on Post-Offices and Post-Roads. 

The motion was agreed to. 

Mr. GORDON presented a resolution adopted by the Savannah 
Cotton Exchange, indorsing the action of the convention held at 
Kansas City, Mo., December 15 and 16, 1891, in reference to the 
improvement of the Missouri River; which was referred to the 
Committee on Commerce. 

Mr. DOLPH presented a petition of the Board of Trade, of Or- 
egon City, Oregon, praying that increased appropriations be 
made for the improvement of the Columbia River and other riv- 
ers of Oregon; which was referred -to the Committee on Com- 
merce. 

Mr. PADDOCK presented a petition of the State Beet Sugar 
Convention of Nebraska, praying that an appropriation of $50,000 
be made for the establishment of a sugar school at Lincoln, Nebr. ; 
which was referred to the Committee on Agriculture and For- 
estry. 

He also presented a petition of the Board of Trade of Tampa, 
Fla., praying that an appropriation be made for maintaining the 
special fast railway mail service between New York and Florida; 
which was referred to the Committee on Post-Offices and Post- 
Roads. 

He also presented a petition of the State Grange of Nebraska, 
Patrons of Husbandry, praying for the prompt passage of the 
pending pure-food bill, or some similar measure, to protect the 
people against the adulteration of food and drugs; which was 
ordered to lie on the table. 

Mr. PERKINS presented a petition of the Ministerial Union of 
Topeka, Kans., praying for the prohibition of the liquor traffic 



in the national capital; which was referred to the Committee on 
Education and Labor. 

T^Ir. WILSON presented a petition of 21 citizens of ^Monroe 
County, Iowa, praying for the passage of what is commonly known 
as the Conger lard bill; which was referred to the Committee on 
Agriculture and Forestry. 

He also presented a memorial of 8 citizens of Salt Lake City, 
Utah, remonstrating against the passage of the so-called Faulk- 
ncr-Caine and Teller bills in reference to the Territory of Utah; 
which was referred to the Committee on Territories. 

Mr. ALLEN presented a petition of the Chamber of Cemmerce 
of Port Townsend, Wash., praying that suitable appropriation be 
made for the completion of the customs building at that place in 
accordance with the original designs of the Supervising Archi- 
tect of the Treasury Department; which was referred to the Com- 
mittee on Public Buildings and Grounds. 

Ho also presented a resolution passed at a special meeting of 
the Thurston County (Wash.) Farmers' Alliance, held at Turn- 
water, Wash., favoring the free delivery of mail in rural districts 
and the extension of the money-order system to all fourth-class 
post-offices; which was referred to the Committee on Post-Offices 
and Post-Roada. 

Mr. MANDERSON presented a petition of citizens of York 
County, Nebr., praying for the passage of what is known as the 
Butterworth option bill; which was referred to the Committee 
on the Judiciary. 

Mr. SHERMAN presented a petition of the congregation of 
the United Presbyterian Church of Salinoville, Ohio, praying for 
the passage of legislation looking to the closing of the World's 
Columbian Exposition on Sunday; whicli was referred to the 
Committee on the Quadro-Centennial (Select). 

Mr. BRTCE presented a petition of 45 citizens of Carroll County, 
Ohio, praying for the passage of what is commonly known as the 
option bill; which was referred to the Committee on the Judi- 
ciary. 

Healsopresentedapetitionof Farmers'Grange, No. 13, Patrons 
of Husbandry, of Wayneville, Ohio, praying for the passage of 
the measure known as the antioption bill; which was referred to 
the Committee on the Judiciarj'. 

He also presented a petition of 28 citizens of Johnston, Ohio, 
praying that no exposition where United States funds are ex- 
pended be opened on Sunday; which was referred to tlio Com- 
mittee on the Quadro-Centennial (Select). 

He also presented a petition of 42 citizens of Carroll County, 
Ohio, praying for the passage of what is commonly known as the 
Conger lard bill; which was referred to the Committee on Agri- 
culture and Forestry. 

Mr. HANSBROIJGH presented a memorial of the officers 
and members of the congregation of the Gurley Memorial Pres- 
byterian Church of Washington, D. C, remonstrating against 
the proposed repeal of the act prohibiting the sale of liquor with- 
in one mile of the Soldiers' Home grounds; which was referred 
to the Committee on the District of Columbia. 

REPORTS OF COMIHTTEES. 

Mr. VANCE. The bill (S. 144) providing an income tax to 
pay pensions and the salaries of retired officers was referred to 
the Committee on Finance. I am instructed by that committee 
to report it back adversely and to move its indefinite postpone- 
ment on the ground that it is a revenue bill and should origi- 
nate elsewhere. 

The report was agreed to. 

Mr. GALLINGER, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (S. 741) to incorporate the 
Eclectic Medical Society of the District of Columbia, rejoorted it 
with an amendment, and submitted a report thereon. 

Mr. VILAS, from the Committee on Indian Affairs, to whom 
was referred the bill (S. 574) to change the boundaries of the 
Uncompahgre Reservation, reported it with an amendment, and 
submitted a report thereon. 

Mr. MORGAN. I am instructed by the Committee on Indian 
Affairs, to whom was referred the bill (S. 1548) to extend the 
jurisdiction of the Supreme Court of the United States, as the 
same is defined in section 709 of the Revised Statutes of the 
United States, to include the j\idgments and decrees of tho 
highest courts of tho Cherokee, Creek, Seminole, Choctaw, and 
Chickasaw tribes of Indians, respectively, to report it without 
amendment. Within a few days I shall ask permission to pre- 
sent a written report thereon. 

The VICE-PRESIDENT. The bill will be placed on the C^ 
endar. 

WASHINGTON MARKET COJIP.\NY. 

Mr. McMillan. From the Committee on tho District of the 
Columbia I report favorably, with an amendment, the resolution 
submitted by the Senator from Alabama [Mr. Morgan] direct- 
ing the Commissioners of the District of Columbia to inform tho 




1168 



CONGBESSIONAL llECOKD— SENATE. 



Eebeuaey 16, 



Senate in regard to the pavement of B street, between Seventh 
and Ninth streets NW., in front of the Center Market. I ask for 
the immediate consideration of the resohition. 

Mr. DAWES. I have not risen for the purpose of making any 
opposition to that report. It is a subject-matter wliich to those 
of us wlio have been here some time it is riot new; it has all been 
under investigation. I rose simply to ask to have read at the 
desk the answer of the market company to this proposition, that 
it may appear in connection with the resolution. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the resolution':' 

The Senate, by unanimous consent, i^roceeded to consider the 
resolution. 
The VICE-PRESIDENT. The resolution will be road. 
The Chief Clerk read the resolution submitted by Mr. MORGAN 
on the 10th instant, as follows: 

Itesoh-ed by the Senate, That the Commissioners ot the District ot Columbia 
are hereby directed to Inform the Senate under what atUhorlty and under 
what appropriation B street, between Seventh and Ninth streets NW., in 
front ot the Center Market, has been paved 2U feet out from the footwallt on 
each side, M'hile tlie rest of the carriageway is left as heretofore. Also, tmder 
what authority of law the Washington Market Company has been allowed 
to obstruct the lootwalks of said B street, in front of said market house, by 
the erection of an elevator, a stairway, and an eating house thereon, and the 
width of said footwalks and the number of feet said obstructions are ex- 
tended out from the building line, with the amotmt of rental received per 
month by said market company for said eating house. 

Also, under what law the said market company is allowed to space off and 
rent out the footwalks on B and Ninth streets, around the Center Market, to 
farmers and others, and what is the total amount received anntially by said 
market company for rent of said spaces, and what disposition is made ot the 
money. 

Also, if the corporation attorney for the District of Coltmibia, or his assist- 
ant, has ^iven an opinion adverse to the right of said market company to 
jurisdiction over the footwalks outside ot its walls, or to collect rents for 
theu.se thereof; and, if so, what action, if any, has been taken upon said opin- 
ion. 

Also, the amount of franchise rental paid to the District of Columbia by 
said market company for the year ending June 30, 1891 ; whether said fran- 
chise rental has been reduced, which was llxed In amount and set aside by 
act of Congress for the Ijeuetit of the poor of Washington; and. it so, how 
much, and for what reason or reasons. 

Also that said Commissioners furnish a statement showing the assessed 
value of the land and improvements of the Washington Market Company 
under the assessment recently made. 

And also, a statement of the rental paid said market company for the Dis- 
trict militia armory during the year ending Jtme 30, 1891, and the amount 
paid said market company by farmers and others for the use of footwalks 
covering the same period, stated separately, with the total ot said amounts, 
and whether they tlo not ainotmt to more than the franchise rental received 
from said company for the benetlt of the poor during the same period. 

Also under what law or permit the Washington Market Company has been 
granted permission to erect a bridge leading from Pennsylvania avenue on 
the line of Eighth street to said market, with the number of scjuare feet of 
land occupied by said bridge, its market value, and what rental is paid for 
the use of the same, and if said bridge was not erected for the purpose of giv- 
ing access to certain rooms over said market building, to enable said market 
comp.any to rent said upper rooms to the District government for an armory, 
and if the amount of rental paid for said tipper rooms does not amount to 
more than the entire rental jiaid for all the other District buildings that are 
used for executive or clerical purposes. 

Also, a statement showing imder what law said market company is allowed 
to hold possession of the two squares of ground bomided by Tenth and Twelfth 
streets, B street, and Ohio and Louisiana avenues, given by act of Congress 
to the city ot Washington for a wholesale market; the present assessed value 
of said s<iuares; what rental said market company receives for them, and 
what proportion of said rentals, if any, is paid over to the District of Colum- 
bia; and why farmers are not required to sell thelrnroduce on said squares, 
aa requu'ed by act of Congress approved May 30, 1870, Instead of selling said 
produce on the public streets, in violation ot law, and to the great obstruc- 
tion thereof. 

Also, the date of the establishment of a cold storage and ice plant by said 
market company, and the extra quantity of water used in consequence 
thereof, with the date that water meters were put on to measure water used 
by said company, .and it there was any increase in the water rents charged 
against said company in consequence of the extra water used b,v said plants 
up to the time meters were put on, and if there was no Increase In said water 
rents the reason why said market company has not been required to pay its 
just proportion of water rents as private citizens are requu'ed to pay. 

Also, if said market company is in arrears tor special assessment or other 
taxes, and if so, to what amount, how long such taxes have been due, and 
why they have not been collected. 

The VICE-PRESIDENT. The amendment reported by the 
Committee on the District of Columbia will be stated. 

The Chief Clerk. At the end of line 13, on the third page, 
add the following: 

And why private parties are allowed to sell produce on the sidewalks ot 
Louisiana avenue and B street between said squares and Ninth street? 

Mr. DAWES. Now I ask that the answer of the market com- 
pany may be read. I shall offer no opposition to the passage of 
the resolution. 

The VICE-PRESIDENT. The letter will be read. 

The Chief Clerk read as follows: 

Office of the Washington M.^rket Company, 
Center Market, Seventh Street Wing, 
Washington. D. C, Feliruary 13, J5»:>. 

Sir; The oIHcers ot the Washington Market Company have noticed the 
reference by the Senate to your committee of a resoUitiou making simdry 
Inquiries of the District Commissioners concerning the affairs ot the com- 
pany, and they direct me towTito you that they have no objection to the pas- 
sago of the resolution. They recognize, however, in the movement another 
of those acts of hostility to the company which were frequent during the tirst 
years of its existence, and which were all successfully met and sho^vn to be 
without just foundation. 



The subjects mentioned tor the first time in the resolution are without Im- 
portance, but all the others have been fully investigated at dlSerent times. 
The attention ot the committee is called to the following reports and papers: 

1. No. 6, committee reports, house of delegates, first session of the Legisla- 
tive Assembly of the District of Columbia by the committee on laws and 
judiciary. 

•2. Senate Report, No. 449, ot the first session of the Forty -third Congress, 
June 13, 1874, by Committee on Public Buildings and Grounds. 

3. Memorial to Congress of the stockholders and officers of the Washing- 
ton Market Company, January 16, 1875. 

4. House of Representatives Report, No. 277, at the second session of the 
Forty-third Congress, March 3, 1875, by the Committee on the Judiciary. 

.=i. House of Representatives Report, No. 139, second session of the Forty- 
third Congress, by the Committee on the District of Columbia. 

G. Senate Report, No. 6fll, second session. Forty- third Congi-ess, February 
17, 1875, by the Committee on the Judiciary. 

There was also an investigation during the session ot 1870-1871, by the 
House Committee on Appropriations, but no WTltten report was made. It 
is needless to notice any ot the frequently offered resolutions in the House 
of Representatives touching the affairs of the company, except the one of 
December 4. 1877, which Instructed the Committee on the District of Colum- 
bia to inquire into five alleged breaches ot its charter by the market com- 
pany, and gave it power to send for persons and papers. The evidence col- 
lected by said committee was transmitted to the Senate to accompany act, 
H. R. 4426, and was printed in 1878 by order of the Senate for u.se of the Com- 
mittee on the District of Columbia. 

Various questions relating to the rights, duties, and proceedings of the 
company, especially that of the legality of the reduction of the original rental 
to be paid by the company, in consideration of the transfer by the company 
to the District of the most valuable front land on Pennsylvania and Louisi- 
ana avenues to be used for the erection of a District building thereon, have 
been considered by the courts of the District and, on appeal, uy the Supreme 
Court ot the United States, and In every case the final decision of the latter 
court has fully Justified the company. (See District of Columbia vn. The 
Washington Market Company, 108 U. S. Rep.; Hoffman vs. The Washington 
Market Coinpany, No. 38, October term, 1879.) As to the inquiry relating to 
the squares known as the wholesale market grounds, granted for that pmr- 
pose by Congress, in the sixteenth section ot the market company's charter, 
all questions at issue between the District of Columbia and the market com- 
pany are now before the courts upon an amicable equity suit, which ought 
to satisfy fair-minded citizens, at least until a decision Is reached by the 
courts. 

The company will gladly give to the District Commissioners and to the 
conunlttee all the information in its possession on the subjects covered by 
the resolution of inciuiry. 
HespectfuUv, 

N. G. ORDWAY, 
President of the Washington Market Company. 

Hon. James McMii^lan, 

Chairman of the Senate Committee on the District of Columbia. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment reported by the committee. 
The amendment was agreed to. 
The resolution as amended was agreed to. 

POTTAWATOMIE INDIAN AGREEMENT. 

Mr. DAWES. From the Committee on Indian Affairs I re- 
port favorably, with a verbal amendment, a resolution relative 
to the Pottawatomie Indian agreement, and as time is of great 
importance, I ask that it may be considered now, if there be no 
objection. 

The VICE-PRESIDENT. The resolution will be read. 

The resolution, submitted by Mr. Perkins on the 1st instant, 
was read, as follows: 

L'tsolrcd by the United States Senate, etc.. That whereas the provisions of the 
art ides of agi-eement by and between the United States and tne Citizen band 
of Pottawatomie Indians residing in Oklahoma Territorj' and elsewhere, 
ratified by Congress March 3. 1891. recjulre that large sums of money be paid 
to them in said tract of couutiy. which Is construed to mean said Territory 
of Oklahoma; and whereas many members of said band of Indians reside in 
Kansas, who through age. poverty, and sickness suffer great hardships by be- 
ing compelled to go to said Territory to receive their payments : Therefore, 

ilesolved. That article 4 of said agreement be, and the same is hereby, con- 
strued so as to authorize and direct the proper officers of the Department of 
the Interior to make the payments as they fall due to the members of said 
band residing in Kansas at some point in their original reservation in said 
State as will accommodate the greatest number of said Indians. 

The Senate, by unanimous consent, proceeded to consider the 
resolution. 

The VICE-PRESIDENT. The amendment of the CommitteQ 
on Indan Affairs will be stated. 

The Chief Clerk. In the fourth line strike out the word 
'"and" and in lieu thereof insert " the Secretary of the Interior 
in his discretion to;" so as to read: 

That article 4 ot said agreement be, and the same is hereby, construed so 
as to authorize the Secretary of the Interior in his discretion to direct the 
proper officers, etc. 

The amendment was agreed to. 

Mr. DAWES. I move to strike out the words making it a 
simple Senate resolution and to insert the ordinary words •which 
are prefixed to a joint resolution. 

The VICE-PRESIDENT. That change will be made, if there 
be no objection. 

The resolution as amended was changed to a joint resolution 
(S. R. 49) construing article 4 of the agreement with the Citizen 
band of Pottawatomie Indians in Oklahoma Territory and else- 
where. 

The VICE-PRESIDENT. The joint resolution will be re- 
garded as having been read twice, and it is before the Senate as 
in Committee of the Whole and open to amendment. 

The joint resolution was reported to the Senate, ordered to be 
engrossed for a third reading, read the third time, and passed. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



1169 



SENATOR FROM IDAHO. 

Ml'. MITCHELL. I desiro to give notice that when the hour 
of 2 o'clock arrives to-day and after the pending measure is taken 
up I shall ask that that measure be laid aside temporarily and 
th«,t the Senate proceed to the consideration of the contested 
case of Clagett vs. Dubois, from Idaho. 

Mr. PADDOCK. I shall ask at 2 o'clock that the pure-food 
bill bo laid before the Senate. 

Mr. MITCHELL. Certainly. 

Mr. PADDOCK. With the understanding- that temporarily I 
shall yield for the purpose suggested by the Senator from Ore- 
gon. 

Mr. JIITCHELL. Certainly. I shall ask that the regular 
order be laid aside temporarily. 

Mr. HALE. I -ivill state to the Senator from Oregon that there 
is an appropriation bill which will come up after the morning- 
business, and that we shall proceed with, I hope, until it is com- 
pleted. I do not expect that it will take much time. 

Mr. MITCHELL. We shall probably got through with the 
appropriation bill by 2 o'clock. 

Mr. HALE. We will get through with it by 2 o'clock, I think. 

BILLS INTRODUCED. 

Mr. WILSON (by request) introduced a bill (S. 2231) to release 
certain church property in the District of Columbia from arrears 
of taxation; which was read twice by its title, and referred to 
the Committee on the District of Columbia. 

Mr. PROCTOR introduced a bill (S. 2232) to provide more fre- 
quent payments to the enlisted men of the Army: which was 
read twice by its title, and referred to the Committee on Mili- 
tary Affairs. 

Mr. MCMILLAN introduced a bill (S. 2233) granting an in- 
crease of pension to James Dredge; which was read twice by itsii 
title, and referred to the Committee on Pensions. -^ 

He also introduced a bill (S. 2234) in relation to special assess 
ments for local improvements in the District of Columbia; which 
was read twice by its title, and referred to the Committee on the 
District of Columbia. 

Mr. HARRIS introduced a bill (S. 2235) for the relief of Sam- 
uel Feagins and others, of Tennessee; which was read twice by 
its title, and referred to the Committee on Claims. 

Mr. SHERMAN introduced a bill (S. 2236) granting a pension to 
James D. Thurston; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

He also introduced a bill (S. 2237) for the relief of the legal 
representatives of Thomas L. Young; which was read twice by 
its title, and referred to the Committee on Claims. 

Mr. HANSBROUGH introduced a bill (S. 2238) to provide an 
all-night street-car service for the District of Columbia; which 
was read twice by its title, and referred to the Committee on the 
District of Columbia. 

Mr. DAWES (by request) introduced a bill (S. 2239) to provide 
for the partition to those members of any Indian tribe who are 
persons having less than one-half Indian blood, and able to read 
and write intelligently, or who have completed the course of 
education in any school or college prescribed or used by the 
Government for the education of Indians, such persons being 
over the age of 21 years, and desiring- to become citizens of the 
United States, their pro rata share in value of the tribal lands 
and other property, and for other purposes; which was i-ead 
twice by its title, and referred to the Committee on Indian Affairs. 

He also (by request) introduced a bill (S. 2240) to extend the 
jurisdiction of courts in Oklahoma Territory over certain classes 
of crimes, and for other purposes; which was read twice by its 
title, and referred to the Committee on the Judiciary. 

Mr. BLODGETT introduced a bill (S. 2241) for the relief of 
Mary H. Noonan, of Jersey City, N. J., for the payment of her 
claim for rent and occupation of property in the city of New Or- 
leans by the military forces of the United States, as reported by 
the Court of Claims under the provisions of the Bowman act; 
which was read twice by its title, and referred to the Committee 
on Claims. 

Mr. TELLER introduced a bill (S. 2242) increasing the pension 
of Azor A. Smith; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Pen- 
sions. 

Mr. MITCHELL introduced a bill (S. 2243) for the relief of W. 
G. Piper, of Moscow, Idaho; which was read twice by its title, 
and referred to the Committee on Pensions. 

Mr. GEORGE introduced a bill (S. 2244) for the relief of Thomus 
H. Christmas, administrator of James R. West, deceased, of 
Holmes County, Miss.; which was read twice by its title, and re- 
ferred to the Committee on Claims. 

Mr. MANDERSON introduced a bill (S. 2245) to increase the 
efficiency of the Inspector-General's Department, and to provide 



for the more thorough examination of accounts; which was read 
twice by its title, and, with the accompanying papers, referred 
to the Committee on Military AlTairs. 

Mr. PERKINS introduced a bill (S. 2246) to correct the mili- 
tary record of Henry C. Seaman: which was road twice by its 
title, and referred to the Committee on Military Affairs. 

Mr. HiSCOCK introduced a bill (S. 2247) to provide for tho 
sale of navy-yard lands in tho city of Brooklyn: which was read 
twice by its title, and referred to the Committee on Naval Affairs. 

He also introduced a bill (S. 2248) to appropriate $18,484.57 for 
the completion and dedication of the monument commemorati^g 
the surrender of Burgoyne at Sai-atoga: whicli was road twice by 
its title, and referred to the Committee on tho Library. 

Mr. PxVDDOCK introduced a bill (S. 224ii) for tlie appointment 
of a corps of superintendents of construction and repaii-s of pub- 
lic buildings under the d ii-cction of the Secretary of the Treasury; 
which was read twice by its title, and referred to the Committee 
on Public Buildings and (lro\mds. 

Mr. yOORHEES introduced a bill (S.2250) to extend the time 
for adjudicating certain chiims arising from Army or Navy serv- 
ice: which was read twice by its title, and referred to the Com- 
mittee on Military Affairs. 

AMENDMENT TO A BILL. 

Mr. STOCKBRIDGE submitted an amendment intended to bo 
proposed by him to the ui-gcnt deficiency api)ropriation bill; 
which was referred to the Committee on Approi)riations. 

DISTRICT WATER SUPPLY. 

Mr. SHERMAN submitted the following resolution; which 
was considered by unanimous consent, and agreed to: 

Hcsolfed. That the report of the Chief of Engineers of the United St;itcs 
Army of the date of January ;;9. 180-^, in respect to the completion of the tun- 
nel in process of construction iu tho District of Colunilna. he referred to the 
Commit^^a^e District of Colunilna. with instructions to inquire Into tho 
c.llicJUimRIKompleting and testing said tunnel and of appropriating out 
of the sum already appropriated the sum of J20,000 for testing said tunnel. 

mmig' HEIRS OF HON. JOSHUA HILL. 
Mr. GORDON submitted tho following resolution; which was 
referred to the Committee on I'rivilogcs and Elections: 

Jiesoli'cil. That the Secretary of the Senate be, and he is hereby, authorized 
and directed to pay to the legal heirs of Joshua Hill, Itito a Seniitor from tho 
State of C4eorgia, the amoimt due him from the beginningof his term on the 
4th day ot March, ISdr. luitil the 29th day of JtUy, 18158, the date from which he 
was paid; said payment to be made from a special appropriation for the con- 
tingent fluid of the Senate. 

EX-SENATOR H. R. REVELS. 

Mr. GEORGE. I wish to introduce a resolution by request, 
and to state that it seems to me to be one like that offered liy the . 
Senator from Georgia [Mr. Gordon], to get some back jiay by a 
former Senatoi-. I offer tho resolution and ask that it bo re- 
ferred to the Committee on Privileges and Elections. 

The VICE-PRESIDENT. The resolution will be read. 

The resolution was read, and referred to the Committee on 
Privileges and Elections, as follows: 

Resolved, That the Secretary be, and is hereby, authorized and directed to 
pay to Hon. H.R. Revels, late a Senator from Mis.sissippI, S— , the amount 
due him as Senator in the Fortieth Congress from the 4th of March, 18i57, till 
he was paid, said payments to be made from the miscellaneous items of tho 
contingent fund of the Senate. 

URGENT DEFICIENCY APPROPRIATIONS. 

Mr. HALE. I more that the Senate proceed to tho considera- 
tion of the urgent deficiency ajijiropriation bill. 

The motion was agreed to; and the Senate, as in Committee of 
the Whole, proceeded to consider the bill (H. R. 539!l) making 
appropriations to supply a deficiency in the appropriation for 
tho expenses of the Eleventh Census, and for otlier i)ui-po.ses, 
which had been reported from the Committee on Appropriations 
with amendments. 

Mr. HALE. I ask that the formal reading of the bill Ix; dis- 
pensed with, and that it be proceeded with and considered as the 
amendments are reached in the reading. 

The VICE-PRESIDENT. That course will bo pursued in the 
absence of objection. 

The Chief Clerk proceeded to read the bill. 

The first amendment of the Committee on Appropriations was, 
under tho head of " Eleventh Census," on page 1, after lino !), to 
insert: 
For the work of the division of farms, homes, and mortgages, $50,000. 

The amendment was agreed to. 

The next amendment was, under the head of "Indian affairs," 
on page 2, line 8, before the word "hundred," to strike out "fifty 
thousand five" and insert "forty-three thousand nine;" so as to 
read: 

For subsistence of the Sioux, as per agreement ratified by act of Congress 
approved February 28, LSTT; being for the service of tho fiscal year 1892, 
fH3,914.17, or so much thereof as may be necessary. 

The amendment was agreed to. 



XXIII- 



-74 



1170 



CONGRESSIONAL EEOOED— SENATE. 



Febeuaey 16, 



The next amendment was, on page 2, line 10, after the word 
" necessary," to strike out: 

Aim! the sum of $38,400 which remains ot the allotment for the establishment 
ol s\>bstatlons from the appropriation for subsistence of the Sioux Indians 
lor the fiscal year 1802 shall also be used for the purchase of subsistence lor 
said Sioux Indians. 

The amendment was agreod to. 

The next amendment was, on page 2, lino 17, after the word 
"shall," to insert " include in his annvial; " so as to make the 
clause read: 

Frovided, That hereafter the Commissioner of Indian Aflaii's shall Include 
In his annual report to Consrress the names of all employes under the super- 
vision and direction ol the Indian Bureau, under what law said emi^loy^s are 
appointed, the amount of compensation paid to each, and the services ren- 
dered by them. 

The amendment was agreed to. 

The next amendment was, on page 2, after line 21, to insert: 
To pay the expense of pmxhasing goods and .supplies for the Indian service, 
including rent of warehouse and pay of necessary employes; advertising, at 
rates not exceeding regular commercial rates; inspection, and all other ex- 
penses connected therewith, including telegraphing, being for the service of 
the fiscal year 1803, $2,»00. 

The amendment was agreed to. 

The next amendment was, on page 3, after line 3, to insert: 
To enable the Secretary of the Interior to complete the ascertainment of 
damages resulting to any person who had .settled upon the Crow Creek and 
■VVmnebago Reservations, in South Dakota, between Pebniary 27, 1885, and 
April 17, 1885, as authorized by the act approved October 1, 1800, 83,000, or so 
much thereof as may be necessary. 

The amendment was agreed to. 

The next amendment was, on page 3, after line 11, to insert: 
To enable the Secretary of the Interior to cause the lauds embraced witlilu 
the diminished Fort Berthold Reservation, in North Dakota, or such portion 
thereof as may be necessary, to be surveyed for allotment to the Indians of 
said reservation, as jjrovided In article 3 of the agreement with said Indians, 
of December 14, 1886, and ratified by act of Congress approved March 3, I89I, 
$5,000, or so much thereof as may be necessary. 

The amendment was agreed to. 

The next amendment was, on page 3, after line 20, to insert: 

TREASURY DEPARTMENT. 

For paper for internal-revenue stamps, freight, and salary of superintend- 
ent, messenger, and watchman, fiscal year 1803, S10,000. 

For transportation of silver coin, including fractional silver coin, by regis- 
tered niaU or otherwise, fiscal year 1893, $5,000, to be expended under the same 
limitations provided for the appropriation for tliis pm-pose for said fiscal 
year. ^ 

The amendment was agreed to. 

Tlie next amendment was, on page 4, after line 4, to insert: 

NATIONAL ZOOLOGICAL PARK. 

For care, subsistence, and transportation of animals for the National 
Zoological Park, and for the purchase of rare specimens not otherwise ob- 
tainable, including salaries or compensation of all necessary employes and 
general Incidental expenses not othei-wlse pro-\aded for, being a deflcicucy 
lor the fiscal year 1893, $4,434; to reimburse the Smithsonian fund for assum- 
ing the expenses of labor and materials for repairs m-gently necessary for 
the preservation of the Holt mansion, $499.45; ia all, $1,933.45; one-half of 
which stun shall be paid from the revenues of the District of Columbia and 
the other halt from the Treasury of the United States. 

The amendment was agreed to. 

The next amendment was, on page 4, after line 20, to insert: 

riSH COMMISSION. 
Green Lake Station, Maine : For payment of outstanding bills, purchase of 
lands and rights, completing ponds, repairs to quarters, and for cisterns 
pump, and well, $3, 150. 

The amendment was agreed to. 

The next amendment was, at the beginning of page 5, to insert: 

DEPARTMENT OF STATE. 

To enable the Government of the United States to be properly represented 
at the International Art Exhibition to be held in Munich, in the Kingdom of 
Bava)ia, from Jtme 1 to October 31, 1893, $5,000. 

The amendment was agreed to. 

The next amendment was, on page 5, after line 6, to insert: 

DEPARTMENT OF JUSTICE. 

For salaries and expenses in defense of the Indian depredation claims fis- 
cal year 1892, $10,000. 

The amendment was agreed to. 

The next amendment was, on page 5, after line 10, to insert: 

DEPARTMENT OF LABOR. 




. . Senate Committee on Finance, fiscal 

year 1893, "'"""" 

The ameadment was agreed to. 

The next amendment was, on page 5, after lino 18, to insert: 

BOARD OF ORDNANCE AND FORTIFICATION. 

To pay the salary of the civilian member of the Board of Ordnance and 
Fortification lor the fiscal year 1893, $5,000. 

The amendment was agreed to. 

The next amendment was, on page 5, after line 22, to insert: 

SENATE. 

For expense of inquiries and Investigations ordered bv the Senate, includ- 
ing compensation to stenographers to committees, fiscal year 1893, $10,000. 
The amendment was agreed to. 



The VICE-PRESIDENT. If there be no further amendments 
the bill will bo reported to the Senate. 

Mr. SHERMAN. Before the bill is reported to the Senate 
there is one provision in it that I should like to have read, that 
in relation to the Zoological Garden, and to call the attention of 
the Senate to it. 

The VICE-PRESIDENT. The part referred to by the Senator 
from Ohio will be read. 

The Chief Clerk read as follows: 

NATIONAL ZOOLOGICAL PARK. 

For care, subsistence, and transportation of animals for the National 
Zoological Park, and for the purchase of rare specimens not otherwise ob- 
tainable, including salaries or compensation of all necessary employfis and 
general incidental expenses not otherwise provided for. being a deficiency 
for the fiscal year 1893, $1,434 ; to reimbur.se the Smithsonian fund for assum- 
ing the expenses of labor and materials for repairs urgently necessary lor 
the preservation of the Holt mansion, $499.45; in all. $1,933.45; one-halt of 
which sum shall be paid from the revenues of the District of Columbia and 
the other half from the Treasury of the United States. 

Mr. SHERMAN. Does the provision about the payment of 
one-half of the expenses apply to the Zoological Garden? 

Mr. HALE. Yes, tliat applies to the Zoological Garden. 

Mr. SHERMAN. That question ought to be met, and I think 
it ought to bo met now. It seems to me it is an act of gross in- 
justice to the people of this District, who are getting to be pretty 
heavily taxed, to have to pay one-half of the expenses of the 
Zoological Garden. I think this is about as good a time as any 
to make tlie question whether it is right and just that the ex- 
) )onses of the Zoological Garden, the creature of the United States, 
belonging as much to the people of one State as another, cer- 
tainly as much as to the people of the District of Columbia, should 
bo required to be paid one-half by the people of the District. I 
have no doubt it will be a somewhat expensive toy to the people 
of the United States, but is it right, is it just, to take from the 
limited means of the people of the District of Columbia to pay 
for this thing? 

It is not in any sense a part of the government of this District. 
It is admitted on all hands that the city of Washington, a city 
of 200,000 inliabitants. is totally unable to maintain a zoological 
garden. The city of London can do it. the city of Paris can do 
it, and some other cities have undertaken the task, but most of 
them have made failures. The great cities of the world which 
maintain zoological gardens for the instruction and for the in- 
terest of the inhabitants of the empire to which those cities be- 
long are very largo and wealthy; but to charge one-half of this 
expense — and an expense constantly growing and increasing — 
upon the District, isunjust. The Governmentcstoblishes thisen- 
tiroly under its own management. The Commissioners of the 
District have nothing to do with it. We have an organized force 
for the purpose of maintaining and caring for it. I hope now 
the Senate will at least take the ground that it will not put this 
expense upon the District of Columbia, upon the few people 
here. Let it bo borne by the people of the United States, where 
it will be a very small addition to their burden, while to the peo- 
ple of the District it might be a very serious one before it goes 
very far. 

Mr. HALE. Does the Senator from Ohio move to strike out 
the clause? 

I\Ir. SHERMAN. I move to strike out so much as relates to the 
District of Columbia paying one-half for the Zoological Garden. 

Mr. HALE. The committee in reporting this bill has taken 
no new ground on the subject. 

The provision that is found at the end of the amendment which 
obliges the District to pay half of the bills for the running of the 
Zoological Garden is the present law, the pi'esent rule, and all 
action in regard to that park was taken deliberately in the last 
Congress. It was di-scussed most fully. 

Mr. SHERMAN. This is a mere limitation in an appropria- 
tion bill. 

Mr. HALE. Of course it can be changed at any time. Itislaw 
so far as apisropriations have bsen made heretofore and w-hich 
did not pass sub sileniio. It was thoroughly debated here and in 
the other branch during the Fifty-first Congress, and the delib- 
erate decision of Congress was that this park was so largely for 
the benefit of citizens of Washington, for the benefit of the tax- 
payers of Washington and their families, that the most which 
should be asked of the General Government was that it should 
pay one-half of the bills and the District the other half. 

I suppose, Mr. President, that the agitation for the purchasj 
of this property, the movement which resulted finally in its pur- 
chase, and the setting it up as a great institution and a great 
feature of Washington, came largely from the citizens of the 
District. 

But I do not choose to go largely into that question now, only 
saying to the Senate thatTthe Committee on Appropriations has 
simply followed in the line that was set for it in the last Con- 
gress, and it is for the Senate to decide now. It is a question 



1892. 



CONaRESSIONAL RECOED— SENATE. 



1227 



The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

PUBLIC BUILDING AT HELENA, MONT. 

The bill (S. 786) to provide for the erection of a iiublic build- 
ing in the city of Helena, Mont., was announced as next in order 
on the Calendar. 

Mr. SANDERS. I move that that bill be recommitted to the 
Committee on Public Buildings and Grounds, and I ask that it 
may not lose its number on the Calendar by reason of the recom- 
mitment. 

The VICE-PRESIDENT. The bill will be recommitted to the 
committee, retaining its place on the Calendar when reported, 
if there be no objection. The Chair hears none. 

PUBLIC BUILDING AT OMAHA, NEBR. 

The bill (S. 196) to increase the appropriation for the purchase 
of a site and the erection of a public building at Omaha, Nebr., 
was considered as in Committee of the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

WILLIAM H. WHEATON AND CHARLES H. CHAMBERLAD*. 

The bill (S. 12I(;) for the relief of William R. Wheaton and 
Charles H. Chamberlain, of California, was considered as in Com- 
mittee of the Whole. 

It provides for the payment to William R. Whcat#n, ex-reg- 
ister, and to Charles H. Chamberlain, ex-receiver, of the land of- 
fice at San Francisco. Cal.. jointly, of $3,800, being a portion of 
the amount deposited in the Treasury of the United States by 
them as fees for testimony which was taken by clerks whose com- 
pensation was paid from the private funds of the ex-register and 
ex-receiver. 

Mr. BERRY. Mr. President, in my opinion the bill ought not to 
pass, and if I can get the attention of the Senate for a moment, I 
will state that it is a proposition to appropriate $3,800 to Mr. 
Chamberlain and Jilr. Wheaton, formerly register and receiver 
of the land office at San Francisco, Cal. 

Under the law in existence at the time they were holding these 
ofBcos there was, I think, a $500 salary provided for each of these 
officers, and furthermore certain fees, and if the fees and the sal- 
ary combined amounted to more than $3,000 a year, then the ex- 
cess was to be paid into the Treasury of the United States, eacli 
of these officers being permitted to receive the sum of $3,000 a 
year, but no greater sum under any circumstances. 

There was also then and is to-day a law in existence that these 
officers had no autliority to employ any clerk unless the order 
had previously been made by the Commissioner of the General 
Land Oifice, or unless they were authorized to do it by previous 
authority. 

In 1864 certain fees were pi-ovided for the land offices, 15 cents 
a hundi-ed words for copying testimony taken in contested and 
other cases. For some cause or other, but certainly directly in 
the face of the law, for a number of years the receivers and 
registers were permitted to use these fees to employ clerks. It 
was directly contrary to the law; it was in the face of the statute 
which provided that they should not receive more than $3,000 
per annum each, and that they should notpay for any clerk imder 
them unless pre^"iously authorized so to do. 

In 1877, however, the General Land Office made a correct rul- 
ing that the fees arising from taking testimony should be paid 
into the Treasury of the United States, and the officers were so 
informed. That, as I have said, was in 1877, and it ordered that 
thereafter these fees must be paid into the Treasury, and thej' 
would not be permitted to retain them to pay for clerk hire where 
they were not authorized to employ such clerks. These two of- 
ficers in the State of California disregarded that order of the 
Commissioner of the General Land Office, refused for the time 
being to turn over the fees, but stUI retahied them untU some 
time in 1879, when a peremptory order was made requiring them 
to turn over all fees received alter this notice had been given 
them. They thereupon paid the fees into the Treasury of the 
United States, the amount of fees between those two dates, 
amounting to, I think, something over $5,000. 

This bill seeks to pay. these officers $3,800, which it is claimed 
they paid clerks between 1877 and 1879, between the dates when 
they were notified that these fees should bo paid into the Treas- 
ury of the United States, and when they refused to comply with 
it. 

Now, they claim that they employed these clerks, and that 
they paid two of them $100 a month each during that time. That 
is proven by the testimony of one witness, one of the clerks 
swearing he was paid that sum and that he had knowledge that 
another clerk was. 

These are the facts of the case, that these officers, directly in 



the face of the law, for a number of years retained fees to which 
they were not entitled; these officers, after they had received due 
notice that they would not thereafter be permitted to retain 
these fees, did retain them in the face of the order of the Com- 
missioner of the General Land Office, and when they were com- 
pelled to pay them into the Treasury they come to the Congress 
of the United States and ask this Government to give them 
$3,800 out of the i^sople's money when thev had openlv, notori- 
ously, and knowingly violated the law in retaining these fees. 

This bill passed this body before and was vetoed by Mr. Cleve- 
land. It came back here, vetoed on two grounds. It was in- 
sisted by the friends of the bill that it was only vetoed on one 
ground; that is, that the i)roof was insufficient as to the amount 
paid, but it was vetoed upon the ground that these parties had 
notice in 1877, and also upon the further ground that the proof 
was insufficient, and if the Senator from Oregon will read the 
veto message he will find that both causes were put down as the 
reasons why the bUl should not become a law. 

I ask the Senate to bear in mind that we are not seeking to 
make these parties pay back the clerk hire which they retained 
from 1864 to 1877, because they were i)ermittcd to do that under 
the ruling of the Department here, but they were required, after 
they had received duo notice that thereafter these fees must ba 
paid into the Treasury, and the law upon its face says that they 
.-ihould not employ clerks unless they were authorized to do so 
previously. Therefore there is noshadow of claim, as Iconceive, 
against the Government of the United States on behalf of these 
parties. 

Now, Mr. President, it is true that if the Senate of the United 
States wants to donate to these two officers the sum of $3,800 it 
has doubtless the power to do so; but if it is done under anj- 
theory that the Government is indebted to these parties, I pro- 
test against any such idea, because the proof shows that we do 
not owe them equitably or legally 81. I therefore think that this 
bill ought not to pass. It is true the sum is not very great, but 
it is like hundreds of other claims that come here of parties seek- 
ing year after year to get money, not that the Government owes 
them, but upon some theory of equity that they have paid it out 
in the faee of the law, and therefore the Government should 
make it good. 

It is true, as I said, the sum is not great, but it wUl set a prec- 
edent for hundreds of other cases, and if we are going to give 
away money, I do not know any claim that Mr. WTieaton and Mr. 
Chamberlain have to have it given to them over and above any 
other citizens of the United States. 
These are the objections I have to the passage of the bill. 
Mr. DOLPH. I shaU not take up the time of the Senate at 
any length, but I should like to bo heard on this bill. 

It is strange how people will differ in regard to a matter. I 
think that the Government of the United States would bo dis- 
honored if it should refuse to pay to the jjarties named in this 
bill the amount for which the bill is reported. I believe that 
the Senator who has just spoken would charge an individual with 
being a dishonest man who would refuse to pay money under 
similar circumstances. 

This bill has repeatedly passed the Senate. It passed both 
Houses in the first session of the Fiftieth Congress and was sent 
to the President of the United States within ten days tefore Con- 
gress adjourned, was not approved, and therefore failed to be- 
come a law. It again passed both Houses of Congress during the 
next session. It was returned with a veto, the principal objec- 
tion of the President being that the proof was not ample in his 
judgment to show that the amount jiroposed to be paid to these 
parties was paid out by tliem for the United Stat<;s. That proof 
was filed, and the bill pas-sed the Senate over the President's veto 
by a vote of 35 j-eas to only 8 nays. 

Mr. President, the facts are as follows: Prior to the date men- 
tioned by the Senator who has just spoken, registers and receiv- 
ers were allowed to use the fees received by them in taking tes- 
timony for the purpose of clerk hire. At the date mentioned a 
difTerent ruling was made by the Department. It is alleged by 
the Senator that the register and receiver in this case were noti- 
fied of the ruling. They deny that that notice was i-cceived. 

Mr. BERRY. Will the Senator permit me to interrupt him 
there? 

Mr. DOLPH. No: not at all. I aid not interrupt the Sen- 
ator. 

Mr. BERRY. Will the Senator permit an interruption in 
order to correct a misstatement':' 

Mr. DOLPH. There is nothing to show that that notice was 
received; and if it had been received it would not have changed 
the facts so as to affect the merits. 

This register and receiver afterwards paid into the Treasury 
$5,000 ^nd over earned by the very clerks (the compensation 
of whom it is proposed to refund to the register and receiver) in 
taking testimony during a period of a little over a year, during 



1228 



CONGRESSIONAL EECOED— SENATE. 



Februaey 17, 



V 



which time the register ami receiver paid out to two clerljs $100 
each per month, or $200 per month. It is now proposed to re- 
fund to them, out of the fees so earned for clerical work, the sum 
paid out hy them for clerk hire during this time for the benefit 
of the United States. The United States, after refunding this 
clerk hire, will make a profit of more than $1,000 out of the 
labor of these clerks. As soon as the register and receiver were 
i^equired to pay this money into the Treasury, and at the ex- 
piration of the time for which they claim to be reimbursed for 
payments made to clerks, the Inttn'ior Department authorized 
the employment of two clerks at $100 per month each, which has 
been continued from that time, to perform tlie very same labor 
performed hy these clerks. I repeat, if the honorable Senator 
was aware that any ])rivate individual refused to pay money 
under such circumstances ho would charge him with being a 
dishonest man and a thief. 

Mr. BERRY. Mr. President 

The VICE-PRESIDENT. Under the rule a Senator is entitled 
to speak but once. 

Mr. BERRY. I ask unanimous consent to make a few i-emarks 
in reply to the Senator from Oregon. 

The VICE-PRESIDENT. Is there objection? 

Mr. DOLPH. I object. 

The VICE-PRESIDENT. Objection is made. 

Mr. BERRY. Who made the objection? 

Mr. DOLPH. I withdraw it. 

Mr. BERRY. I want to know what Senator made the objec- 
tion. 

The VICE-PRESIDENT. The objection is withdrawn, and 
the Senator will proceed. 

Mr. BERRY. Mr. President, the Senator from Oregon says 
these gentlemen denied that they received the notice in 1877. I 
state to the Senate there is no denial in the record nor in the 
papers anywhere nor can the Senator find it, but on the contrary 
the Commissioner of the General Land Office, a Republican Com- 
missioner, says that they did have notice, and that this particular 
office had notice in 1877 that thereafter they could not retain 
these fees for the purpose of paying clerk hire. The law further- 
more said that they should have no clerks unless they were j)re- 
viously authorized. 

I repeat that the record shows that they were notified in 1877, 
that they refused to obey the order of the Commissioner of the 
General Land Office, that they continued for sixteen or eighteen 
months to employ these two clerks in the face of the law, in the 
face of the notice, and now they come here and say that the Gov- 
ernment should pay them this money. 

The Senator says a man would be dishonest in private life if 
he refused to do this. I say that I do not think there is a man 
anywhere who would have the cheek to come to a private indi- 
vidual after he had received due notice that he could not have 
this thereafter, that the law does not authorize it and he must 
pay it into the Treasury, and notwithstanding that notice still 
retain it, and when eighteen months afterwards he was forced to 
pay it in, then he comes back begging this Government to return 
to him the money that he says he paid to these clerks which the 
law did not authorize him to pay. The.se are the facts. 

As I said before, if this Senate wants to give these gentlemen 
$3,800 they have the power to do so, but in the name of all that 
is just and honorable, do not give it under false pretenses or un- 
der any idea that we owe it, Ijut give it straight out like men. 

President Cleveland vetoed this bill, and said it was unjust and 
ought not to pass. I agree with him in that. I think they have 
no shadow of claim against the Government of the United States, 
and the sooner the Senate sits down on such claims the better it 
will be for the country, and the fewer of these people will be lob- 
bying around the Senate. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, and read the third 
time. 

The VICE-PRESIDENT. The question is. Shall the bill pass? 

Mr. BERRY. I ask for the yeas and nays on the final passage 
of the bill. 

The yeas and nays were ordered; and the Secretary proceeded 
to call the roll. 

Mr. DAVIS (when his name was called). I am paired with 
the Senator from Indiana [Mr. Turpie]. If he were present, I 
should vote "yea." 

Mr. FAULKNER (when his name was called). I am paired 
with the Senator from Pennsylvania [Mr. Quay]. 

Mr. KENNA (when his name was called). I am paired on all 
questions with the Senator from Colorado [Mr. Wolcott]. 

Mr. MANDERSON (when his name was called). I ask if the 
Senator from Kentucky [Mr. Blackburn] has voted? 
The VICE-PRESIDENT. He has not. 

Mr. MANDERSON. I am paired with that Senator, and there- 
fore withhold my vote. 



I am paired with 

I am paired with 
I do not see him 



Mr. MITCHELL (when his name was called). I have a gen- 
eral pair with the junior Senator from New York [Mr. Hill]. 

Mr. POWER (when his name was called). I am paired with 
the Senator from Louisiana [Mr. White]. 

Mr. PUGH (when his name was called). I am paired with the 
Senator from Massachusetts [Mr. Hoar]. 

Mr. SHERMAN (when his name wascalled). 
Senator from Kentucky [Mr. Carlisle]. 

Mr. WILSON (when his name was called), 
the Senator from Georgia [Mr. Colquitt]. 
])resent, and therefore withhold my vote. 

The roll call was concluded. 

Mr. ALLISON. I am paired v/ith the Senator from Missouri 
[Mr. Cockrell]. Not knowing how he would vote if present, I 
withhold my vote. 

Mr. CAREY. I am i)aired with the Senator from South Car- 
olina [Mr. Irby] on political questions only; so I will vote ''yea" 
on this question. 

Mr. PROCTOR. I am paired with the Senator from Florida 
[Mr. Call], and therefore withhold my vote. 

The result was announced — yeas 30, nays 19; as follows: 









YEAS— 30. 




AUen, 




Dolph, 


Higgins, 
McMillan, 


Squire, 


Hrice, 




Dubois, 


St«wart, 


Carey, 


. 


Felton, 


Paddock, 


Stockbridge 


Casey, 


X 


Frye. 


PelTer, 


Teller, 


Chandler, 


03 


Gallinger. 


Piatt, 


Warren, 


CuUom, 


-o 


Hale. 


Sanders, 


Washburn. 


Dawes, 


i 


Hansbrough, 


.Saw-yer, 




Dixon, 


Hawley, 


Shoup, 






03 




NAYS-19. 




Barbour, 


to 


Daniel, 


Kyle, 


Vance, 


Hate, 




George, 


McPherson, 


Vest, 


Berry. 


^-^ 


Gray, 


Morgan, 


Voorhees, 


Clillton, 


o 


Harris, 


Palmer. 


Walthall. 


Coke, 


03 

=3 


Jones, Ark. Pasco, 

NOT VOTING-39. 




Akirloh, 


Davis, 


■loues, Nev. 


Quay, 


Allison. 




Faulkner. 


Ivenna, 


Ransom, 


Blackburn. 5: 


Gibson, La. 


Manderson, 


Sherman, 


Blodgett, 


iT 


Gibson. Md. 


Mitchell, 


Stanford, 


Butler, 


Gordon, 


Morrill, 


Turpie, 


Call, 




Gorman, 


Perkins. 


Vilas, 


Cameron, 




Hill, 


Pettigrew, 


White, 


Carlisle, 




Hiscock, 


Powei-. 


Wilson, 


Cockrell, 


■ 


Hoar, 


Proctor, 


Wolcott. 


Colquitt, 




Irby, 


Pugh, 





So the bill was passed. 

Mr. DOLPH. In regard to this bill, I ask, in view of the vote 
which has just been had, to have inserted in the Record, as part 
of my remarks on the bill, the vote of the Senate on the question 
as to whether the bill should pass over the veto of President 
Cleveland, and let the two votes be contrasted. 

The VICE-PRESIDENT. Is there objection? 

Mr. PALMER. I ask for information; does that request re- 
fer to the bill just passed? 

The VICE-PRESIDENT. It does refer to the bill just passed. 

Mr. BERRY. The vote was taken before the Senator from 
Oregon submitted his request. 

Mr. PALMER. I think it proper that we should understand 
this matter. I think it may place those of us who have voted 
against this bill in a very false position to insert in the Record 
evidence that we have never seen. I endeavor to act in regard 
to matters of this sort with something like judicial fairness, and 
I should dislike to have it appear that I had voted against a 
measure, where, if the evidence had been befoi'e us when the sub- 
ject was under consideration, I might have voted otherwise. I 
object to the request of the Senator from Oregon. 

The VICE-PRESIDENT. Objection is made. 

Mr. BERRY. The only thing that the Senator fi'om Oregon 
proposes to insert in the RECORD is the vote that was taken upon 
a similar bill at a previous time for the purpose of showing, I 
suppose, that certain Senators have changed their minds. 

Mr. PALMER. I withdraw my objection. 

Mr. HARRIS. That record will show that I voted just as I 
vote now. It may show that some others did not; but the bill 
has passed, the debate is ended. This proposition is in the na- 
ture of continuing the debate, and I object to it. 

The VICE-PRESIDENT. Objection is made. 

Mr. DOLPH. Mr. President, the first time I get the floor I 
will put it in with some pertinent remarks upon the action of the 
Senate on this bill. 

EUL03IES ON L. C. HOUK. 

The PRESIDING OFFICER (Mr. Berry in the chair) laid be- 
fore the Senate the following concurrent resolution of the House 
of Representatives; which was referred to the Committee on 
Printing: 

Resolved by the Bouse of Representatives (the Senate concurring). That there 
be printed of the eulogies delivered in Congress upon Leonidas C. Houk, late 
a Representative from the State of Tennessee, 12,500 copies, of which 2,600 



1892. 



CONGRESSIONAL RECOED— SENATE. 



1229 



copies shall be for the use of the Senate and 10,000 for the use of the House of 
Representatives: and the Secretary of the Treasury be, and he Is hereby, di- 
rected to have printed, at the earliest date possible practicable, a portrait of 
the said Leonidas C. Houk, to accompany said eulogies. That of the quota 
of the House of Representatives the Public Printer shall set apart 50 copies, 
which he shall have bound in full morocco, with gilt edges, the same to be 
delivered when completed to the family of the deceased. 

SENATOR FROM IDAHO. 

Mr. MITCHELL. I move that the Senate proceed to the con- 
sideration of the contested-election case of Clagettrs. Dubois. 

The VICE-PRESIDENT. The question is on the motion of 
the Senator from Oregon. 

The motion was agreed to. 

The VICE-PRESIDENT. The resolution will be reported. 

The Chief Clerk read the resolution as reported by the mar 

jority of the Committee on Privileges and Elections, as follows: 

Hesolved, That Fred. T. Dtibois is entitled to retain the seat he now holds 

as Senator from the Stat« of Idaho for the full term commencing March 4, 

1891. 

Resolved, That William H. Clagett is not entitled to be admitted to a seat 
in the Senate from the State of Idaho for the term commencing March 4, 
A. D. 1891. 

LICENSES TO THEATERS IN WASHINGTON. 

Mr. McMillan. I am instructed by the Committee on the 
District of Columbia to report with amendments the joint reso- 
lution (S. R. 45) to regulate licenses to proprietors of theaters in 
the city of Washington, D. C. 

Mr. MITCHELL. If it will lead to no discussion I shall not 
object. 

Mr. McMillan. I think there will be no discussion upon it. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the joint resolution (S. R. 45) to 
regulate licenses to proprietors of theaters in the city of Wash- 
ington, D. C. 

The amendment reported by the Committee on the District of 
Columbia was, after the word "Columbia,"' in line 2, to strike 
out the remainder of the joint resolution and insert: 

To proprietors of theaters or other public places of amusement in the city of 
Washington. D. C and now in force be. and the same are hereby, terminated, 
imless the persons holding such licenses shall within ten days after due no- 
tice comply with such regulations as may be prescribed for the public safety 
by the Commissioners of the District of Columbia. 

Sec. 2. That the Commissioners of the District of Columbia are hereby 
authorized and empowered to make and enforce all such reasonable and 
usual police regulations, in addition to those already made under the art of 
January 26. I8t*7. as they may deem necessary for the protection of the lives, 
limbs, health, comfort, and quiet of all persons, and the protection of all 
property -n-lthin the District of Columbia. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment reported by the committee. 

The amendment was agreed to. 

The joint resolution was reported to the Senate as amended, 
and the amendment was concurred in. 

The joint resolution was ordered to be engrossed for a third 
reading, i-ead the third time, and passed. 

On motion of Mr. FAULKNER, the title was amended so as to 
read: "A joint resolution to regulate licenses to proprietors of 
theaters, and for other purposes." 

SENATOR FROM IDAHO. 

Mr. MITCHELL. I call for the regular order. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolution reported by the Committee on Privileges and Elec- 
tions. 

Mr. PADDOCK. What is the regular order? What are we 
to understand about that? 

Ml-. MITCHELL. The Clagett-Dubois contested-election case. 

Mr. PADDOCK. How does it become the regular order? 

Mr. MITCHELL. It has been taken up by the vote of the Sen- 
ate. 

Mr. HARRIS. There is no unfinished business in the morn- 
ing hour. There is no objection, I imagine, to taking up the 
contested-election case again, but that is the method and the 
only method by which we can proceed with it. 

Mr. MITCHELL. It is a privileged question, and has been 
taken up by a vote of the Senate. 

Mr. HARRIS. As a privileged question the Senator can in- 
sist on taking it up, but it is not unfinished business in the 
technical sense and therefore does not come under that designa- 
tion. 

Mr. MITCHELL. No Senator has claimed that it is the un- 
finished business that I know of. It is the pending measure, 
taken up by a vote of the Senate. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolution reported by the Committee on Privileges and Elections. 

Mr. GRAY. Mr. President, the question that is before the Sen- 
ate is one, as has just been stated, of the highest privilege and one 
of very great importance. It concerns the regularity and legality 
of the election of a Senator from a State of this Union, and there- 
fore challenges the serious attention of Senators, who are made by 




the Constitution the sole judges of the elections and returns of 
members of this body. It concerns the interpretation of a law 
passed by the Congress of the United States more than twenty- 
five years ago under the grant of jjower conferred by the Consti- 
tution of the United States upon Congress ijractically to regulate 
the time and manner of electing Senators. 

This law was passed after discussion: it was carefully framed, 
and was meant to meetirregularitiesand mischiefs that had been 
recognized very widely in the then practice of electing Senators 
to this body. The necessity for that law being thus recognized 
and the practice imder it having been settled for more than a 
quarter of a century, as the minority of the committee conceive, 
it becomes a matter of very serious moment to the Senate when 
the suggestion is made that that |)ractice, thus settled, should be 
changed, or that anything of confusion should be restored to this 
high function of electing a Senator, a confusion which tho law 
was intended to remove. 

ts in the case that is now before us lie within a very 
compass. The State of Idaho, one of the last to enter 
sisterhood of States, was admitted under an act of Congress 
passed on .luly .'J, ISllU, which, aft ;r reciting that the peoi)le of 
the Territory of Idaho had theretofore, by a convention assem- 
bled for that purpose, formed a constitution for themselves, which 
was duly ratified by the people of the said Territory, proceeded 
to state: 

Whereas said convention and the people of said Territory have a.sked tho 
admission of said Territory into the Union of States on an equal footing 
with the original States in all respects whatever: Therefore. 

lie it enacted, etc.. That the State of Idaho is hereby declared to be a .State 
of the United States of America, and is hereby declared to be admitted into 
the Union, etc. 

S:ction 20 of said act, admitting the State, reads as follows: 
That the Legislature of the said State may elect two Senators of the United 
States, as provided by the constitution of the said State. 

The constitution of the State provides that — 

Within ten days after the organization of the Legislature both houses of 
the Legislature shall then and there proceed to elect, as provided bv law, 
two Senators of the United States for the State of Idaho. 

So that this state of things came about, that in filling what may 
be called the original vacancies in the office of Senator from the 
State of Idaho the act of Congress superseded the general law on 
that subject which was passed in .luly, 18(jG, so far as to autliorizo 
the election of two Senators within ten days after the organiza- 
tion of the Legislature: whereas the general law for the elect ion of 
Senators provides that the election for Senators shall he initiated 
on the second Tuesday after the meeting and organization of the 
Legislature. The enabling act provides that they shall proceed 
to elect within ten daj's after the organization, as " provided by 
law; "' that is, I take it, that the manner of electing was to co:i- 
form to what was prescribed in the act of 1866; but the time of 
election, which is the other feature of the election that is com- 
mitted to the regulation of Congress by the Constitution, was to 
be within ten days, instead of the second Tuesday, after the or- 
ganization. That was all. 

It was necessary that, as soon as this State was admitted and 
entitled to representation in the Senat<;', those two original vacan- 
cies, so called, should be filled, and this enabling act and the 
constitution of the State, which the enabling act recognized in 
that regard, provided for a speedy performance of that duty. 
On this point there is no difference in your Committee on Privi- 
leges and Elections. 

We find that within the ten days prescribed by the enabling 
act and the constitution of the State the Legislature of Idaho 
did proceed to perform the duty thus imposed upon it. to fill im- 
mediately the positions of Senators of the United States who 
were immediately to represent that State. I I'epeat, we find 
that on the 16th of December, within the ten days, the Legisla- 
ture having met upon the 8th of that month, the Legislature 
proceeded to perform the duty thus imposed upon it by the act 
of Congress, to elect two Senators. So we find that on the l.'Uh 
this concurrent resolution was passed by the Senate: 

Reriolved by the senate {the house concurring). That the senate and house of 
representatives proceed to elect, as provided by law — 

Quoting the very language of the enabling act — 
United States Senators at the hour of 12 o'clock m.. on Tuesday, the 16th 
day of December. 1890. 

And the house concurred in that resolution on the morning of 
the 16th by passing it in the words I have just read. The houses 
met separately on the 16th. whicli hajipened to be Tuesday. 
They each, as evidenced by their journals, proceeded to vote for 
Senators agreeably to this concurrent resolution, which was read 
in each house. Having taken one vote without result, they ad- 
journed to meet in joint assembly ujion the next da3-, which was 
Wednesday, and which it was their duty to do, because the en- 
abling act,' as well as the constitution of the State, said that they 
should proceed toelectin " the manner provided by law." "The 
manner provided by law " is the statute of the United States 



1230 



CONGRESSIONAL RECORD— SENATE. 



FEBKmUJY 17, 



reg'ulatia','- the maimci' of electing' Senators, which prescribed 
that aftei' tlie vote had in the separate liouses, the next day the 
members of tlie two houses sliall meet in joint assembly, and the 
record shall be read by the clerks of the houses respectively, 
and if it shall appear that any one has been elected by the votes 
of the two houses separately, when combined, it shall be so de- 
clared, but if there shall have been no election, or if either house 
shall have failed to vote, then the joint assembly shall proceed. 

80 they met on the next day, which was Wednesday, to per- 
form another part in the process of electing Senators under this 
enaljling- act. -Nothing had been said up to that time, so far as 
the journals of either house disclose, in regard to the election of 
a third Senator, that is, of a Senator to till the vacancy that would 
occur by the expiration of the term of thatSonator,or who sliould 
be elected for the shortest term: nothing had been mentioned in 
either house by any member thereof, so far as the journals show, 
in regard to proceeding with that election. 

Mr. MITCHELL. Will the Senator allow me? 

Mr. GRAY. With great pleasure. 

Mr. MITCHELL. Will the Senator not agree, in addition to 
what has just been stated, which is correct, that nothing was 
said in the resolution which passed the two houses S3parat3ly. or 
by any other resolution or any other statement, which limited in 
any manner the number of Senators that they proposed to elect? 
Tliore was nothing said about electing two Senators only. 

Mr. GRAY. I have not said that. I have simply read, in the 
first place, what the enabling act and the constitution of the 
State prescribe, that within ten days after the organization they 
shall proceed to elect. Let mo read it again. Tlie constitution 
of the State prescribes: 

Withiu teu days after the organization of tlie Legislature both hoiLses of 
the Legislatiu'e shall then and there i)rooeed to elect, as provided by law, 
two Senators of the United States for the State of Idaho. 

Mr. MITCHELL. From what is the Senator reading? 

Mr. GRAY. I am reading from the constitution of the State. 
The enabling act says: 

That the Legislature of the said State may elect two Senators of the United 
Slates, as provided by the constitution of the said State. 

May elect two Senators of the United States, as provided by the 
Constitution of the United States. 

The Legislature met upon the 8th cf December. Upon the 13th 
of December this concurrent resolution was passed by the senate: 

That the senate and house of representatives proceed to elect, as provided 
by law, United States Senators at the hour of li o'clock m., on Tuesday, the 
10th day of December, 1890, 

Which was within the ten days prescribed in the constitution 
and in the enabling act. 

So, up to the time of the meeting of the joint assembly, noth- 
ing, so far as we can gather from the journal, had been said or 
done by either branch of the Legislature in regard to the elec- 
tion of any other Senators than those that were required to be 
elected within the ton days to fill the original vacancies; but 
when the joint assembly met upon Wednesday they proceeded in 
the manner i^rescribedimder the Revised Statutes, that being the 
manner prescribed by law. Having voted — I do not recall now 
whether once or twice 

Mr. MITCHELL. Once. 

Mr. GRAY. They failed in electing any one to either place, 
and therefore they adjourned to meet upon the next day, which 
was the ISth. 

Mr. MITCHELL. There were two ballots on Wednesday. 

Mr. GRAY. It is immaterial. Then there were two ballots. 
I did not recollect. They failed, however, to elect. They then 
adjourned to meetupon the next day, which was Thursday. That 
was December IS. Up to that time nothing had been said as 
to the election of any other Senators than the Senators to fill the 
original vacancies; but on December 18, the second day of the 
meeting of the joint assembly of the two houses, Senator Gunn 
offered in joint assembly the following resolution: 

Hcsolvfd hy the joint asstnibhj of the senate and house of representatives of 
the Legislature of the State of Idaho, That we proceed to elect two United 
States Senators to fill vacancies, and that after such elections we immedi- 
atelv proceed to elect one United States Senator to fill vacancy occiuTing 
March 4, 1891. 

That was debated somewhat, as appears by the journal of the 
joint convention. An amendment w-as moved and voted down, 
and the resolution finally passed in about that shape. So, after 
the election of the two Senators, whom, as the minority contend, 
they were met to elect, they did proceed to do what neither house 
had authorized them to do, what the enabling act certainly did 
not authorize them to do, and which, if legally done, could only 
have been done under the general statute in regard to the elec- 
tion of United States Senators as to time as well as manner. 

Now, there does not seem to have been any discussion in that 
joint assembly in regard to the day upon which this third Senator 
■was to be elected; the point does not seem to have been raised; and 
I agree with the Senator from Oregon, that so far as this record 



discloses anything, there is not one single syllable in it from one 
end of it to the other to indicate that any protest was made or 
any argument had in regard to the time for the election of the 
third Senator being contrary to the statute in that case provided, 
but all through that record there is the clear demonstration that 
its members were acting under the belief that the election of a 
third Senator was prescribed and imposed ui)on that Legislature 
and the joint assembly by the enabling act of Congress and the 
constitution of the State of Idaho. In other words, it is a clear 
inference from every thing that is disclosed bj' that journal of the 
joint assembly that the controlling opinion in Ihatassembly was 
that the election of the third Senator within ten days was just as 
lawful and just as peremptory upon that assembly in its obliga- 
tion as th.j election of two Senators to fill the original vacancies. 

Mr. MITCHELL. Will the Senator allow me? 

Mr. GRAY. In one moment I will. It is, therefore, on that 
account that we are here to-day with the duty imposed upon us 
to inquire and decide whether in that view of their duty they 
were mistaken or not. I am not here, nor do the necessities of 
this case fortunately require me, to impute motives to one of 
these contestants or the other. 

Mr. MITCHELL. The Senator says that this record taken 
altogether justifies the inference that all parties at that time 
were proceeding upon the theory that they were acting not under 
the Revised Statutes, but under the constitution of the State and 
the enabling act. Now, doe.s not the record justify another infer- 
ence fully as much as the one referred to by the Senator? Does 
it not justify the inference that the parties, at least those favor- 
ing Mr. Clagett, wore proceeding on the theory that that Legis- 
lature had no right to elect more than two? Then, again, is not 
the fact that the majoritj^ of the Legislature did actually elect 
throe no,t only an inference Ijut positive testimony to refute the 
inference put forth by my friend from Delaware? In other words, 
does not the very fact that they elected three show at least a ma- 
jority of the Legislature believed that they were proceeding un- 
der the Revised Statutes, because if they were proceeding under 
the other acts they had only the right to elect two, according to 
the Senator's theory? 

Mr. GRAY. Mr. President, the inferences which the Senator 
from Orogon draws from the facts disclosed by this record were 
fully stated yesterday and have been stated very emphatically 
again to-daj'. I am only contending that he was wrong, and that 
the reasonable inference to be drawn from this whole record and 
from the facts and circumstances that are in evidence here be- 
fore the Senate is, that inasmuch as we find a resolution passed 
by both houses of the Legislature to proceed under the enabling 
act. and a joint assembly that met in pursuance of that resolution 
and the elect ion of Senators to fill original vacancies under it, 
and that afterwards the same joint assembly proceeded to elect 
a third Senator, that that election of a third Senator was also pre- 
stunably under the supposed authority of the enabling act. I do 
not see any other inference to be drawn from it in the absence of 
any express declaration to the contrary. 

I am fortified in the inference that I draw from the record by 
the contention of Mr. Duljois. the sitting member. I am fortified 
in that view of it by the statement made by the Senator from Ore- 
gon yesterday, which as he has made it I am at liberty to repeat it, 
that in the Committee on Privileges and Elections there was a 
difference of opinion, some of its members stoutly contending that 
the election of the third Senator was properly held under the en- 
abling act and under the constitution; that the time prescribed, 
within ten days after the organization, governed the election of 
the third Senator as well as of the two Senators to fill the orig- 
inal vacancy. But that was abandoned afterwards in the report 
of the committee. So far as the committee is concei-ned we are 
unanimous now: I believe there is no dissent. The committee 
r'eport and find that the election of the third Senator to be legal 
mu.st have been held under the Revised Statutes and not imder 
the enabling act. 

Mr. CHANDLER. Mr. President 

Mr. GRAY. One word. When I get through with this point 
in a moment I shall he very glad to hear the Senator from New 
Hampshire. I was proceeding to say that I am also fortified in 
the opinion that I have by the fact "that the contestee, Mr. Du- 
bois, himself, in the brief which he has submitted to the Commit- 
tee on Privileges and Elections, takes that view, for he says, on 
the second page of his brief: 

The time for the election of a Senator of the United States by the Legisla- 
ttu'e of Idaho was not lixed by the Re^Tsed Statutes of the United States, 
but -was fixed by the constitution of Idaho and the act of Congress admitting 
that State to the Union. 

What, then, are we to say in the face of the declaration by the 
contestee himself, that that was the theory upon which the joint 
assembly proceeded that elected him to a seat inlthis body? He 
tells you so in his brief and argument produced before the Com- 
mittee on Privileges and Elections; and therefore I think that 



1892. 



CONGRESSIONAL RECORD— SENATE. 



1265 



country; which was referred to the Committee on Military Af- 
fairs. 

Mr. STEWART presented the petition of George S. Sawyer 
and 44 other citizens of Lincoln County, Nev.; the petition of 
Robert M. Clarke and 40 other citizens of Ormsby County, Nev.; 
the petition of A. Summerfield and 40 other citizens of Esme- 
ralda County, Nev.; the petition of .T. A. Blossom and 104 otlier 
citizens of Lander County, Nev.; the petition of J. W. O'Briel 
and 106 other citizens of Washoe County, Nev., and the petition 
of Charles M. Wiley and 2 other citizens of Churchill County, 
Nev., praying' for the ceding to the States of certain jjublic lands 
for the purposes of irrigation and reclamation; which were re- 
ferred to the Committee on Irrigation and Reclamation of Arid 
Lands. 

He also presented a petition of citizens of Wells, Nov., praying 
that Congress provide or guarantee such necessary means as will 
assist, protect, and hasten the completion and secure the national 
control of the Nicaragua Maritime Canal; which was referred to 
the Committee on Foreign Relations. 

Mr. GALLINGER presented the petition of A. F. Chadwick 
and 32 other citizens of Rindge, Cheshire County, N. H., pray- 
ing for the free delivery of mails in country districts; which was 
referred to the Committee on Post-Oilices and Post-Roads. 

Mr. FELTON presented a petition of the board of supervisors 
of Alpine County, Cal., praying that an appropriation be made 
to mark the boundary line between California and Nevada; which 
was referred to the Committee on Appropriations. 

Mr. PROCTOR presented the petition of A. H. Riley and 
other citizens of Fairfax, Vt., praying for the free delivery of 
mails in country districts; which was referred to the Committee 
on PostrOfflces and Post- Roads. 

Mr. MORRILL presented a petition of citizens of Fairfax.Vt., 
praying for the free delivery of mails in country districts; which 
was referred to the Committee on Post-Offices and Post-Road.-;. 

Mr. PADDOCK presented the petition of J. C. Watson, of Ne- 
braska City, Nebr., and the petition of Paul Schminke, of Ne- 
braska City, Nebr., praying for the passage of an act to reclas- 
sify the Railway Mail Service; which were referred to the Com- 
mittee on Post-Officos and Post-Roads. 

He also presented a memorial adopted by the Milwaukee 
(Wis.) Chamber of Commerce, and a memorial of the Board of 
Trade of Chicago, 111., remonstrating against the passage of 
Senate bills 1757 and 12(J8 and House bill 2(59!), commonly known 
as the option bills; which were referred to the Committee on the 
Judiciary. 

Mr. SAWYER presented a memorial adopted by the r\Iihvau- 
kee (Wis.) Chamber of Commerce, remonstrating against the ])a«- 
sage of Senate bills 1757 and 1268, and House bill 2699, commonly 
known as the option bills; which was referred to the Committee 
on the .Ividiciary. 

Mr. COKE presented a petition signed by owners and agents of 
steamships and the principal merchants of Galveston, Tex., pray- 
ing for the passage of the bill for the transfer of the Revenue 
Cutter Service to the naval establishment; which was referred to 
the Committee on Naval Affairs. 

Mr. IMITCHELL i)resented a petition of the Linn County (Ore- 
gon) Business Council, Patrons of Husbandry, praying that an 
appropriation be made for the improvement of the Willamette 
River, in the State of Oregon; which was referred to the Com- 
mittee on Commerce. 

He also presented a petition of the Oregon City (Oregon) Board 
of Trade, praying that an appropriation be made for the improve- 
ment of the channel of the Willamette River, between Oregon 
City and Portland, Oregon; which was referred to the Commit- 
tee on Commerce. 

He also presented resolutions recently adopted by the Oregon 
City (Oregon) Board of Trade, urging appropriations generally 
for the improvement of the various rivers and harbors of the 
State of Oregon; which were referred to the Committee on Com- 
merce. 

Mr. H ANSBROUGH. I present a petition of citizens of North 
Dakota, praying for the passage of legislation authorizing the 
removal of the Chippewa Indians from Turtle Islountain and the 
settlement of their claim to lands in that region. I ask unani- 
mous consent that the body of the petition be printed in the Rec- 
ord. 

Mr. HARRIS. I object. 

Mr. H ANSBROUGH. I ask, then, that the petition be printed 
as a document. 

The VICE-PRESIDENT. If there be no objection the peti- 
tion will be printed as a document, and referred to the Commit- 
tee on Indian Affairs. The Chair hears none. 

Mr. HISCOCK presented a petition of C. E. Smith and other 
citizens of the United States; a petition of the New York State 
Woman's Christian Temperance Union of Attica, N. Y., and 
other places; and a petition of Abram M. Calyer and other cit- 



izens of New York and elsewhere, jiraying for the passage of 
legislation looking to the closing of the World's Columbian Ex- 
position on Sunday; which was referred to the Committee on the 
Quadro-Centcnnial (Select). 

He also presented a petition of the New York State Woman's 
Christian Temperance Union of Masonvillo, N. Y.; a petition of 
the New York State Woman's Christian Temperance Union of 
Wappingers Falls, N. Y.; a petition of Iho New York State 
Woman's Christian Temperance Union of Walvvortli, N. Y.; a 
petition of the New York State Woman's Temperance L'nion of 
Allegany, N. Y.; a petition of the New York State Woman's 
Christian Temperance Union of Bahlwinsville,N. Y.; a petition 
of the New York State Woman's Christian Temperance Union of 
Little Valley, N. Y.; a petition of the New York State Woman's 
Christian Temperance Union of East Ashfoi-d. X. Y.: a petition 
of the Now York State Woman's Chi-islian Temperance Union of 
Caldwell, N.Y.; a petition of the New York Stat<; Woman's CUiris- 
tian Tempei'ance Union of Fulton County, N. Y.; and a petition 
of the New York State Woman's Christian Temperance Union, 
praying for the ratification of the so-called Brussels treaty; which 
were ordered to lie on the tabic. 

He also jircsented the petition of Thomas R. Arnold and other 
citizens of Eatonville, and other ])laces in Now York, praying 
for the passage of a law similar to the so-called Hiscoclc biU,'sul> 
jecting oleomargarine to the provision of the laws of the States, 
etc.; which was referred to the Committee on Agriculture and 
Forestry. 

He also presented a resolution adopted by the Chamber of 
Commerce of New York, favoring the transfer of the Revenue 
Cutter Service to the Navy De])artment: which was referred to 
the Committee on Naval Affairs. 

He also i)resonted resolutions adopted by the Brewers' Asso- 
ciation of Buffalo. N. Y.. favoring tlie reduction of the duty on 
barley to 10 cents a bushel; which were referred to the Commit- 
tee on Finance. 

He also presented resolutions adopted by the Chamber of Com- 
merce of Rochester, N. Y., favoring the establishment of naval 
reserves on the northern frontier as well as on the seatx)ard, and 
jjraying Congress to make suitable provision therefor; which 
were referred to the Committee on Commerce. 

He also presented a resolution adopted by the nineteenth an- 
nual session of the Now York State Grange, Patrons of Hus- 
bandry, favoring the construction of a ship canal around Niagara 
Falls and the further construction of a deep water way from Lake 
Ontario to the Hudson River; which was referred to the Com- 
mittee on Commerce. 

He also presented a petition numerously signed by citizens of 
New York, praying that the necessary action be taken to have a 
conference of the governments of the world to sit during the 
World's Columbian Exposition to advance and promote the cause 
of arbitration for the settlement of international disputes; which 
was referred to the Committee on Foreign Relations. 

He also presented a petition of the committee on internal trade 
and improvement of the Chamber of C'ommerce of New York, 
praying for the consolidation of third and fourth class mail mat- 
ter; which was referred to the Committee on Post-Offices and 
Post-Roads. 

He also presented a petition of Gates Grange No. 421, Patrons 
of Husbandry, of New York; the petition of B. W. Rowc and 
other citizens of Dansville, N. Y.. and the petition of T. V. Weld 
and other citizens of Big Creek, N. Y., praying for the free de- 
livery of mail in country districts; which were referred to the 
Committee on PostrOffices and Post-Roads. 

Mr. GRAY presented a petition of citizens of Kent County, 
Del., praying for the passage of what is commonly known as the 
option bill; which was referred to the Committee on thc.Iudiciary 

REPORTS OF COMMITTEES. 

Mr. VEST, from the Committee on Commerce, to whom was 
referred the bill (S. 1935) to establish a railway bridge across the 
Illinois River, between a point at or near the city of Havana, in 
Mason County, and a point on the opposite side of said river, in 
Fvdton County, in the State of Illinois, reported it with amend- 
ments. 

Mr. COCKRELL, from the Committee on Military Affairs, to 
whom was referred the bill (S. 2251) fw the relief of Francis W. 
Wiokham, i-eported it without amendment, and submitted a re- 
port thereon. 

Mr. DAWES, from the Committee on Indian Affairs, to whom 
was referred the bill (8.1796) to i-atifyand confirm an agreement 
with the Tonkawa triba of Indians in Oklahoma Territory, and 
to make an appropriation to carry the same into eHect, reported 
it with an amendment. 

Mr. STOCKBRIDGE, from the Committee on Fisheries, to 
whom was referred the bill (S. 1028) to continue in force the pro- 
visions of an act approved March 2, 1885, and entitled "An act to 



XXIII- 



-80 



1266 



OONGllESSIONAL KECOED— SENATE. 



Febeuaet 18, 



protect the fish in the Potomac River in the District of Colum- 
bia, and to provide a spawning ground for shad and herring in 
the said Potomac River," reported it without amendment. 

Mr. FRYE, from tho Committee on Commei-ce, to whom was 
referred the bill' (S. 2229) for the relief of the owners and crew o£ 
the Hawaiian bark Arctic, asked to be discharged from its fur- 
ther consideration, and that it be referred to the Committee on 
Foreign Relations; which was agreed to. 

Ho also, from the same committee, to whom;was referred the 
bill (H. R. 610) extending the privileges of the first and seventh 
sections of tho act approved Juno 10, 18S0, governing the trans- 
portation ot merchandise without appraisement to the port of 
Ogdensburg, in the State of New York, r-eported it without 
amendment. 

He also, from the same committee, to whom was referred the 
joint resolution (H. Res. 81) investigating mining debris in Cali- 
fornia, reported it without amendment. 

He also, from the same committee, to wliom was recommitted 
the bill (S. 1393) to amend an act entitled "An act to amend the 
statutes in relation to immediate transpoi-tation of dutiable goods, 
and for other purposes," approved June 10, A. D. 1880, by extend- 
ing the privileges of the first section thereof to the port of Fer- 
nandina, Fla., reported it without amendment. 

Mr. FRYE. From the Committee on Commerce I report back 
adversely the bill (S. 2099) to amend section 4414 of the Revised 
Statutes relating to inspectors ot hulls and boilers, and ask that 
it be indefinitely postponed, the adverse report Ijoingforthe rea- 
son that tho provisions of the bill are contained in another bill 
already reported and on the Calendar. 

The report was agreed to. 

Mr. WALTHALL, from the Committee on Military Affairs, to 
whom were referred the following bills, submitted adverse re- 
ports thereon; which were agreed to, and the bills were post- 
poned indefinitely: 

A bill (S. 1809) to authorize the Secretary of War to amend the 
military record of commissioned ofiicers of the late war under 
certain circumstances, and for other purposes; and 

A bill (S. 1938) authorizing the restoration ot the name of Wil- 
bur F. Melbourne, late first lieutenant Fifteenth U«^|^^tatos_ 
Infantry, to the rolls of the Army, and providin^^HBnie~I5o' 
placed on the list of retired officers. 

Mr. BATE, from the Committee on Military Affairs, to whom 
were referred the following bills, submitted adverse rejiorts 
thereon; which were agreed to, and the bills were p^^tifl |Led in- 
definitoly: ^^^Kf^'~~~~ 

A bill (S. 584) for tho relief of Charles Squire Wood, of the city 
of New York; and 

A bill (S. 499) for the relief ot Jonathan Myers. 

Mr. PETTIGREW, from tho Committee on Indian Affairs, to 
whom was referred tho bill (S. 697) to provide for building and 
maintaining an Indian Industrial school at or near Chamberlain, 
in the State of South Dakota, and at or near Rapid City, in tho 
State of South Dakota, and to provide a farm in conjuncion there- 
with, reported it with an amendment, and submitted a report 
thereon. 

Ho also, from the same committee, reported an amendment in- 
tended to be proposed to tho Indian appropriation bill; which 
was referred to tho Committee on Appropriations, and ordered 
to bo printed. 

He also, from the Committee on Public Lands, reported an 
amendment intended to bo proposed to the sundry civil appro- 
priation bill; which was referred to the Committee on Appro- 
priations, and ordered to be printed. 

TREATY RIGHTS OF FOREIGN RESIDENTS. 

Mr. SHERMAN, from tho Committee on Foreign Relations, 
reported the following resolution; which was considered by unan- 
imous consent, and agreed to: 

J^csolved, That so much of the Presidenfs annual message communicated 
to the present Conp'ess as relates to criminal oflenses committed within the 
United States against the treaty rights of foreigners domiciled in the United 
States he referred to the Committee on Foreign Relations, with instructions 
to report stich prortsions of law as wUl empower the Federal courts to try 
all such causes involving the consideration of international questions, and 
with such police and jtidiclal process as will enable the Government of the 
United States to use its constitutional power to define and punish crimes 
aginst treaty rights conferred ui^on such foreigners. 

AFFAIRS IN ALASKA. 

Mr. PADDOCK, from the Committee to Audit and Control the 
Contingent Expenses of the Senate, to whom was referred the 
following resolution, submitted by Mr. Platt, January 27, 1892, 
reported it favorably without amendment: 

Sesoleed. That the Committee on TeiTitories, or any suljcommittee thereof, 
Is hereby authorized and Instructed to institute and conduct an investigation 
and inquiry into the resom-ces of the district of Alaska: the character, occu- 
pations, and social condition of its inhabitants, white, Indian, and of mixed 
blood; its form and system of government; whether the same is adapted to 
the present and prospective development of the district; its laws, and whether 
they are enforced or allowed to be violated ; what other or further legislation 



Is necessary for the better government and needs ot the said district and for 
the protection and well-being of its people; and any and all matters relating 
to tho civil administration and future welfare of the people of Alaska. 

Such committee shall have power to send for persons and papers, and to 
employ a stenographer: and shall make report -srtth recommendations as to 
future legislation. 

The necessary expenses consequent upon such Inquiry and investigation 
shall be paid out of the contingent f imd ot the Senate when certified by the 
chairman ot the committee, and audited and allowed by the Committee to 
Audit and Control the Contingent Expenses of the Senate. 

Mr. PADDOCK. I ask for the present considei-ation of the 
resolution. It will take but a moment. 

Mr. HALE. Let that resolution lie over for a day. 

The PRESIDING OFFICER (Mr. Turpie in the chair). The 
resolution will lie over, objection to its consideration being made. 

BILLS INTRODUCED. 

Mr. DOLPH introduced a bill (S. 2275) for the relief of pur- 
chasers of timber and stone lands under the act of Jime 3, 1878; 
which was read twice by its title. 

Mr. DOLPH. Tho act of June 3, 1878, is known as the timber 
and stone act. The bUl simply proposes to give purchasers un- 
der that act the right to take afltidavits and make final proof be- 
fore any officer authorized to take proofs in homestead entries. 
I move that the bill, with the accompanying papers, be referred 
to the Committee on Public Lands. The motion was agreed to. 

Mr. FELTON introduced a bill (S. 2276) granting an increase 
of pension to Mary E. Mallett; which was road twice by its title, 
and referred to the Committee on Pensions. 

He also introduced a bill (S. 2277) granting an increase of pen- 
sion to Margaret Hayes; which was read twice by its title, and 
referred to the Committee on Pensions. 

Ho also introduced a bill (S. 2278) granting apension to Robert 
Turnbull, father of William Turnbull, late of the United States 
shi]3 Baltimore; which was read twice by its title, and referred 
to tho Committee on Pensions. 

He also introduced a bill (S. 2279) granting an increase of pen- 
sion to Mrs. H. A. de Russy; which was read twice by its title, 
and referred to tho Committee on Pensions. 

Mr. MCMILLAN introduced a bill (S. 2280) to amend sections 
J727 and 729 of the Revised Statutes relating to the District of 
'Columbia; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on the District of 
Colvunbia. 

He also introduced a bill (S. 2281) regulating the sale of dis- 
ijj,led and fermented liquors in the District of Columbia; which 
was read twice by its title, and, with the accompanying papers, 
referred to the Committee on tho District of Columbia. 

Mr. PERKINS introduced a bill (S. 2282) to provide for the 
sale of surplus or tmallotted lands of the Eastern Shawnee In- 
dians, of the Indian Territory; which was read twice by its title, 
and referred to the Committee on Indian Affairs. 

Ho also introduced a bill (S. 2283) to authorize tho Denison and 
Northern Railway Company to construct and operate a railway 
through the Indian Territory, and for other purposes; which was 
read twice by its title, and referred to the Committee on Indian 
Affairs. 

Mr. GALLINGER introduced a biU (S. 2284) for the relief of 
C. M. Gilbert & Co.; which was read twice by its title, and re- 
ferred to the Committee on Finance. 

Mr. CULLOM introduced a bill (S. 2285) to increase the pen- 
sion ot Capt. Henry S. La Tourrette, late a captain in Company 
G, Eighty-fifth Regiment of Illinois Volimteer Infantry; which 
was read twice by its title, and referred to the Committee on Pen- 
sions. 

Mr. CARLISLE introduced a bill (S. 2286) to grant right of 
way through tho Yellowstone National Park to the Montana Min- 
eral Railway Company; which was read twice by its title, and re- 
ferred to the Committee on Territories. 

INIr. GIBSON of Mai-yland introduced a bUl (S.2287) removing 
the charge of desertion against Philip Bradley, late of Company 
F, Seventy-second New York Volunteer Infantry; which was read, 
twice by its title, and, with the accompanying papers, referred to 
the Committee on Military Affairs. 

Mr. MITCHELL introduced a bill (S. 2288) to amend an act 
entitled "An act to provide for the adjudication and payment 
of claims arising from Indian depredations,!' approved March 
3, 1891; which was read twice by its title, and referred to the Se- 
lect Committee on Indian Depredations. 

Mr. ALLISON introduced a bill (S. 2289) to grant to the State 
of Iowa a certain meandered pond in Greene County, Iowa, in 
trust, for drainage purposes; which was read twice by its title, 
and referred to the Committee on Public Lands. 

Mr. HISCOCK introduced a bill (S. 2290) granting a pension to 
Celeste A. Boughton, widow of Bvt. Brig. Gen. Horace Bough- 
ton, late of the United States Army, retired; which was read 
twicj by its title, and referred to the Committee on Pensions. 

He also (by request) introduced a biU (S. 2291) for Uie relief of 



1892. 



CONGRESSIONAL EECOED— SENATE. 



1313 



inform us whether or not this was all the legislation which they 
expected to report on this subject at this session? 

Mr. SHERMAN. So far as I know, it is; hut I can not say 
what the Senate may send to us to bo considered hereafter. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to bo engrossed for a third reading, read 
the third time, and passed. 

The title was amended so as to read: "A bill to continue in 
force all existing laws prohibiting and regulating the coming 
into this country of Chinese persons and persons of Chinese de- 
scent for a period of ten years, and for other purposes." 

HENRY ZELL. 

The bill (S. 209) to place Henry Zell on the retired list of tlie 
Array was considered as in Committee of the Whole. 

It proposes to authorize the Secretary of War to place Henry 
Zell, late a private of Company D, Third Regiment United States 
Infantry, on the retired list of the Army, to date from February 
14, 1885, he to have from that date the benefits and allowances 
given under the provisions of "An act to authorize a i-etired list 
for privates and noncommissioned officers of the United States 
Army who have served for a period of thirty years and upwards," 
approved February 14, 1885, having served in the Army of the 
United States for more than thirty years prior to his last dis- 
charge therefrom on April 1, 1879. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third I'eading, read the third time, 
and passed. 

ROAD TO NATIONAL CEMETERY, PENSACOLA, VLA. 

The bill (S. 78) making an appropriation for the improvement 
of the road to the national cemetery near Pensacola, Fla., was 
considered as in Committee of the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time. 
and passed. 

LEGAL REPRESENTATIVES OF S. W. MARSTON. 

The bill (S. 12) to authorize the Secretary of the Interior to 
settle the claims of the legal representatives of S. W. Marston, 
late United States Indian agent at Union Agency, Ind. T., for 
services and expenses, was considered as in Committee of the 
Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third lime. 
and passed. 

MRS. S. B. DUVALL. 

The bill (S. 478) for the relief of Mrs. S. B. Duvall, widow of 
the late Rev. W. P. Duvall, deceased, was considered as in Com- 
mittee of the Whole. 

The bill was reported from the Committee on Military Affairs 
with amendments, in line 8, after the word "dollars,'' to strike 
out "a" and insert the words " upon satisfactory evidence being 
presented to the proper accounting officers of the Treasury that 
said; " and in line 10, after the word " sum," to insert " is; " so as 
to make the bill read: 

Se it enacted, etc.. That Mrs. S. V. Duvall, widow of the late Rev. W. P. Du- 
vall, lato priucipal iu charge of the Indian boardinc; school for the Sac and 
Fox Indians of Kansas, be allowed and paid, out "of any moneys accruing 
from the sale of their lands or any other fimds belonging to them in the 
Treasury, the sum of $757, upon satisfactory evidence being presented to the 
proper accounting officers of the Treasury that said sum is due for the board- 
ing, clothing, and care of the Indian children belonging to that tribe for the 
years 1863, 1864, and 186.5, and this shall be received in full pajTuent of the 
claim. 

The amendments were agreed to. 

The bill was reported to the Senate as amended . and tlie amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

JOHN M'BEAN. 

■ The bill (S. 734) for the relief of John McBean, of Umatilla 
County, Oregon, was considered as in Committee of the Whole. 
It proposes to direct the Secretary of the Interior to allot to John 
McBean, for a long time an interpreter at the Umatilla Indian 
Reservation, in the State of Oregon, a tract of land not exceed- 
ing in amount 160 acres, out of the lands of the Umatilla Reser- 
vation, which lands, when so selected by the Secretary of the 
Interior, shall be patented to McBean on the same terms and 
conditions as patents are Issued to the Indians selecting lands on 
such reservation in pursuance of existing law: but the consent of 
the Umatilla Indians upon the reservation to such allotment is to 
be first obtained in manner and form satisfactory to the Secretary 
of the Interior. 

Mr. CHILTON. I see nothing in the shape of a report ac- 
companying this bill, and there is nothing in the bill itself to 
give any information as to the facts connected with it. I should 
be glad if some Senator familiar with the facts would state them. 



Mr. DAWES. The facts in reference to the McBean case are 
these: McBean is an old interpreter, a white man, in that reser- 
vation, who has spent all his life there as an iiiter])reter. He 
has become very much attached to the Indians and the Indians 
to him. He desires very much to make his abiding phice. his 
home, there. He is too old to act as interpreter for the Govern- 
ment. 

The Indians would like to havi; him among them, and he would 
like to take an allotment just as an Indian does. Ho can not do 
it because he is a white man, and with the consent of the Indians 
the consent of the Government is asked that ho may take ItiO 
acres just like an Indian. 

The bill was reported to the Senate without amendment, 
ordered to be engrossed for a thii-d reading, read the third time, 
and passed. 

SIOUX INDIA.V RESERV.A.TIO.V. 

The bill _(S. G9S) to authorize the Secretary of the Interior to 
carry out, in part, the provisions of "An act to divide a jiortion 
of the reservation of the Sioux Nation of Indians in Dakota into 
.separate reservations, and to secure the relincjuisliment of the 
Indian title to the remainder, and for other jjurposes," approved 
March 2, 1.889, and making approjiriations for the same and for 
other purpo.ses, was announced as next in order. 

Mr. COCKRELL. Let that be jjassed over. 

The VICE-PRESIDENT. 'J'he bill will be passed over. 

PUBLIC BUILDING .VT SPOKANE FALLS, WASH. 

The bill (S. fil7) providing for the erection of a public l)uilding 
at the city of Spokane Falls, in the State of Washington, was an- 
nounced as next in order. 

Mr. ALLEN. My colleague [Mr. Squire], having that bill 
more especially in charge, wished it to be passed over without 
pi'ejudice. On account of a death in his family he was of neces- 
sity called from the Chamber. I wish the bill to retain itsplaco 
without prejudice. 

The VICE-PRESIDENT. The bill will be passed over, re- 
taining its place on the Calendar. 

PUBLIC BUILDING AT TACOMA, WASH. 

The bill (S. 1136) providing for the erection of a public build- 
ing at the city of Tacoma, in the State of Washington, was con- 
sidered as in Committee of the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third lime, 
and passed. 

EUNICE TRIPLER. 

The bill (S. 298) for the relief of Eunice Tripler. widow of t 'liarlen 
S. Tripler, was considered as in Committee of the Whole. It 
provides for the payment to Mrs. Eunice Tripler, widow of Surg. 
Charles S. Trijjler, United States Army, of .$3,000, for services 
by Charles S. Tripler in his lifetime in preparing, sujxu-intend- 
ing, and directing the publication of a manual for the medical 
officers of the United States; and this payment shall be a bar to 
any further claimagainst the Government for the use of the book 
referred to. 

The bill was reported to the Senate without amendment, or- 
dered to be engi'ossed for a third reading, read the third time, 
and passed. 

ROBERT H. MONTCiOMERY. 

The bill (S. 780) for the relief of Rob-rt H. Montgomery was 
consideredasinCommitteeof the Whole. It provides that Robert 
H. Montgomery, major of cavalry. United States Army, sliall be 
entitled to credit, for all purposes of pay and allowances, for the 
period of time from November 19, 1S63, to February !(', 1865, dur- 
ing which time he was a prisoner of war in the hands of the enemy, 
the same as though he had actually been in the military service 
of the United States as a second lieutenant of cavalry during that 
period. 

The same section proposes to remit and discharge the judg- 
ment of the Court of Claims in the case of Robert II. Montgomery 
rs. The United States, rendered April 7, 1884. against Montgom- 
ery for the sum of $1,651.37, upon a counter-claim presented by 
The United States, that sum having been received by him as pay 
for the period during which he was a prisoner of war. 

The bill was reported to the Senate without amendment. 

Mr. COCKRELL. Mr. President, I should like 1o call the at- 
tention of the Senator from Nebraska to this bill. The object of 
it is all right, to give this officer credit for the sum of $1,651.37; 
but the first section of the bill authorizes him to be allowed this 
amount for thepurposcsof payand allowances. Then thusecond 
section wipes out the judgment against him. If that remits the 
judgment, which is for this identical siun, would he not then turn 
around and get the $1,651.37':' He ha.s already been paid that 
amount, as I understand. 

Mr. MANDERSON. The bill is in the form in which it passed 
the .Senate before. 



XXIII- 



-83 



1314 



CONGEESSIONAL EECOED— SENATE. 



Eebeuaey 19, 



Mr. COCKRELL. I know that. 

Mr. MANDERSON. I ask that it be passed over. I will look 
into the question. 

Mr. COCKRELL. I wanted tocall the attention of the Senator 
to that point. 

Mr. MANDERSON. I ask that it bo passed over not to make 
any delay, and I will call it up again. 

LIEUT. COL. CHARLES G. SAWTELLE. 

The bill (S. 547) for the relief of Lieut. Col. Charles G. Sawtollo, 
deputy quartermaster-g-eneral, United States Army, was con- 
sidered as in Committee of the Whole. 

It is a direction to the proper accounting offloers, in settling- 
and adjusting- the accounts of Lieut. Col. Charles G. SawtcUe, 
deputy quartermaster-general, United States Army, to credit 
him with the sum of $12G.40, being the amount of internal-reve- 
nue tax duo from employes of the United States, employed by 
Maj. Gen. E. R. S. Canby, at New Orleans, in the secret service, 
in the year 1865, and paid by Sawtelle, the same amount appear- 
ing to have been withheld from those employes, but no receipt 
of I ho Commissioner of Internal Revenue being presented for the 
amount as required by law. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

HENRY E. RHOADES. 

The bill (S. 247) for the relief of Henry E. Rhoades, was con- 
sidered as in Committee of the Whole. It proposes to empower 
the Secretary of the Navy to place Assistant Engineer Henry E. 
Rhoades upon the list of officers of the Navy who have been re- 
tired on account of incapacity resulting from long and faithful 
service, from wounds or injuries received in the line of duty, or 
from sickness and exposure therein, as provided for in section 
15SS of the Revised Statutes of the United States. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

HOWARD D. POTTS. 

The bill (S. 1079) for the relief of Assistant Engineer Howard 
D. Potts, United States Navy, was considered as in Committee 
of the Whole. It proposes to authorize the President of the 
United States to place the name of Assistant Engineer Howard 
D. Potts on the retired list of the Navy "for disabilities in- 
curred in the lino of duty from sickness or exposure therein." 

The bill was reported to the Senate without amendment, or- 
doi-od to be engrossed for a third reading, read the third time, 
and passed. 

ORDER OP B"DSINESS. 

Mr. PETTIGREW. Mr. President, I should like to know- 
what disposition was made of Senate bill 698, relative to the 
Sioux lands in Dakota? 

Mr. COCKRELL. It was objected to by me and passed over. 

The VICE-PRESIDENT. The Chair understood the bill to 
have been passed over without prejudice. 

Mr. PETTIGREW. Do I understand that it was passed over 
without prejudice? 

Mr. COCKRELL. I objected to it emphatically because there 
was no report with it. If the Senator desires that it should go 
over without prejudice, I have no objection to that. 

Mr. PETTIGREW. I should like to have it passed over in 
that way. 

The VICE-PRESIDENT. It was the understanding of the 
Chair that it was passed over without prejudice. 

Iilr. COCKRELL. I objected to it unconditionally. That is 
what I intended to do, and I did not put any conditions in it. 

JOSEPH G. UTTER. 

The bill (S. 337) to remove the charge of desertion standing 
against the name of Joseph G. Utter was considered as in Com- 
mittee of the Whole. It proposes to remove the charge of deser- 
tion standing against the name of Joseph C. Utter, late a music 
boy, general service. United States Army, and to have issued to 
him by the Secretary of War an honorable discharge; and that 
Utter shall be held to have been regularly mustered into Com- 
pany P, Fifth Regiment Ohio Volunteer Infantry, as of the date 
of such discharge. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

THOMAS H. CAKPENTER. 

The bill (S. 614) authorizing the restoration of the name of 
Thomas H. Carpenter, late captain Seventeenth United States 
Infantry, to the rolls of the Army, and providing that he be placed 
on the iist of retired officers, was considered as ia Committee of 
the Whole. 



The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

HENRY UNTERLEITER. 

The bill (S. 333) for the relief of Henry Unterleiter, alias Cook 
or Koch, was considered as in Committee of the Whole. It pro- 
poses to authorize the Secretary of War to remove from the rec- 
ord of Henry Unterleiter, alias Henry Cook or Koch, late a mem- 
ber of Company B, Fifty-second New York Volunteers, any charge 
of desertion that may exist against him, and to issue to him an 
honorable discharge as of date January 1, 1864. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

SURETIES OF WILLIAM J. STOKES. 

The bill (S. 46) for the relief of William B. Stokes, M. M. 
Brien, sr., Thomas Waters, and William T. Haskins was con- 
sidered as in Committee of the Wholfe. It proposes to release 
William B. Stokes, M. M. Brien, sr., Thomas Waters, and 
William T. Haskins, sureties on the bond of William J. Stokes 
as pension agent at Nashville, Tenn., their heirs, executors, and 
administrators, from all liability to the United States upon the 
bond. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

THOMAS A. M'LAUGHLIN. 

The bUl (S. 246) for the relief of Thomas A. McLaughlin was 
considered as in Committee of the Whole. It proposes to au- 
thoi'ize the Secretary of War to revoke and set aside Special 
Orders No. 298, War Department, Adjutant-General's Office, 
Washington, September 8, 1864, dismissing First Lieut. Thomas 
A. McLaughlin, One hundred and second Pennsylvania Volun- 
teei'S, for absence from hospital at Annapolis, Md., without proper 
authority, and conduct unbecoming an officer and gentleman, 
and to accept the resignation of McLaughlin as of date August 
15, 1864, and to issue to him a certificate of honorable discharge 
of the last'named date. 

The bill was reported to the Senate without amendment, or- 
dered to bo engrossed for a third reading, read the third time, 
and passed. 

DULUTH AND MANITOBA RAILROAD COMPANY. 

The bill (S. 1094) granting the right of way to the Duluth and 
Manitoba Railroad Company across the Fort Pembina Reserva- 
tion, in North Dakota, was considered as in Committee of the 
Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

ARRE.ARS OF PAY" AND BOUNTY. 

The bill (S. 1196) to facilitate the settlement of claims for ar- 
rears of pay and bounty, was considered as in Committee of the 
Whole. 

It declares that nothing in section 277 of the Revised Statutes of 
the United States shall be so construed as to prevent the Second 
Auditor of the Treasury from disallowing claims for arrears of 
pay and bounty in cases where it appears from the records and 
files of his office that payment in full has already been made to 
the soldier himself or to his widow or legal heirs. But if any 
person whose claim may be disallowed be dissatisfied with the 
action of the Auditor, he may, within six months, appeal to the 
Second Compti-oller; otherwise the Auditor's action shall be 
deemed final and conclusive and be subject to revision only by 
Congress or the proper courts. 

Mr. MITCHELL. What is the necessity for that bill, I should 
like to know? 

Mr. COCKRELL. I will explain the necessity of it. There 
have been thousands and hundreds of thousands of claims pre- 
sented to the Second Auditor by soldiers for arrears of pay and 
bounty. A great many of those claims have been investigated 
two, three, four, and five times. At one time it was the proce- 
dure in the Auditor's office onl^' to allow the particular item ap- 
plied for by the soldier, and if a soldier applied for arrears of pay 
no allowance was made to him for bounty, although the record 
showed bounty due him; if he applied for bounty and not for 
arrears of pay, no adjustment of his pay account was made, al- 
though the record showed that pay was due him. That, how- 
ever, has been changed under the present Auditor, if not before, 
and now, when a soldier applies for an adjustment of his claim 
for arrears of pay or bounty, his claims of all kinds under the 
jurisdiction of the Second Auditor are adjusted. They have 
been adjusted time and again under a decision of the Second 
Auditor. 

When a soldier applies the second, or third, or fourth, or fifth 



1892. 



COXGEESSIONAL RECORD— SENATE. 



1327 



this country is taxed to make men who are fortunate enough to 
have made good investments in the suburbs of Washington City 
' richer than they already are by taking the taxes of the people 
and improving that property so that they may sell it; but if wo 
have got to go into that sort of thing let us go into it on that 
basis which will bo least burdensome to the people of the United 
States. I suppose that when we take into consideration this fine 
capital, this great city, and all that sort of thing, the capital of 
a nation of 65,000,000 people, and see how grand it is when we 
come up to Congress to live in a grand city and get away from 
the poor people at homo who are making all the money by which 
the country is kept up — when wo remember all that, I suppose 
it would be going too far to hope that any consideration for the 
laboring and toiling masses of this country will prevent us from 
making this appropriation. If it has got to be, let us make it so 
that it will hurt the people of this country as little as possible. 

Will any man dispute here now to-day — if there is such a one 
I should like him to get up and say so — that we can borrow this 
$4,000,000 without paying one cent of interest? If you will just 
issue the obligations of the Government in the shape of legal- 
tender Treasury notes in sums of five and tenand twenty dollars, 
you will get your money, you will pay for your improvements, 
and the people who are not able to own $500,000 in nontaxable 
bonds and $1,000 in nontaxable bonds will give their property, 
their labor, for these five and ten and twenty dollar notes of the 
Government, and charge no interest — not only not charge any 
interest, but will thank the Congress of the IXnited States for 
giving them the i^oor privilege of getting these notes witliout 
interest. Why not do it? I should like to hear a sensible reason 
■why we should not do it. Will any man say that that means in- 
flation; that that means fiat money, and all that sort of thing? 

It it does, my answer is that the $4,000,000 increase will not af- 
fect in quantity materially the amoimt now in circulation, and 
next, that owing to the increase of our population year by year — 
I believe it is about a million and a half — owing to tlie tremen- 
dous activities and enterprise of our people as exhibited every- 
where and at all times, more and more of what we call money is 
needed, not money looked up in thousand-dollar bonds or tive- 
huudred-dollar bonds, but money in small siuns fitter circulation 
among the class of people who earn the money of this country. 

XVhy not give the people in this country a chance to get this 
$4,000,000 without interest? I should like to hear a sensible 
reason why not. You pay for the improvements necessary in 
order to enable these men who are expecting to grow rich out 
of these improvements; you pay for these improvements; they 
are just as good made in that way as when made by gold bor- 
rowed upon the bonds. Why not do it? Then, Mr. President, 
the controversy between the distinguished Senator from Missouri 
and the distinguished Senator from Ohio as to the rate of interest 
would be all settled. Wedonot want any interest. The people do 
not want to pay any interest. They only want to have a chance 
by labor, by toil, by self-denial, to acquire some of the obliga- 
tions of the Government which circulate as money, which will 
enable them to ti-ansact their business in life. 

I shall say no more. I shall vote for the amendment of 2 per 
cent offered by the Senator from Missouri. If that is voted down, 
then, at the proper time, I shall offer an amendment to strike out 
all of this bond business, and let the legal-tender Treasury notes 
be put out in payment of these improvements. 

Mr. HARRIS. I am not at liberty, representing the commit- 
tee, to accept the amendment of the Senator from Missouri, but 
if the majority of the Senate think it safe to make the experi- 
ment of a 21 per cent bond I certainly shall not antagonize it. 

IMr. KYLE. Mr. President, I had not thought of saying any- 
thing at this time, as the question was being discussed so well by 
the Senator from Missouri [Mr. Cockeell], by the Senator from 
Arkansas [Mr. Berry], and by the Senator from Mississippi 
[Mr. George], but I want to say this, that it does not take a West- 
ern man very long to see through the plan which is on foot as 
set forth by the provisions of this bill. It is a scheme for the 
purpose of improving the streets in the suburbs of the District 
of Columbia. I have seen perhaps as many cities boomed in the 
West as any man upon the floor of the Senate, and I know the 
plans also by which they are improved and the streets made. 

In the city of Chicago and in all the cities of our Northwest we 
have had additions platted one after the other in the suburbs. 
Real-estate firms are there in largo numbars, advertising their 
various advantages and putting up their blocks of lots and acres 
of lots for sale. The plan is to lay out the lots and the streets, 
grade them, put down the sidewalks, and then offer the blocks for 
sale. It would be a very fine thingfor speculators in Chicago, cu' 
Minneapolis, or St. Paul, or any Western city, to have their streets 
laid out, graded, and improved by the State or by the United 
States, but they do not have the face to ask this, as do some of 
the capitalists in this vicinity. 

Now, in the District of Columbia I believe the scheme is this; 



Real-estate speculators have interests lying outside the city of 
Washington, ^ere are corporations wlio own large tracts of 
laud Just adjoining the city. These tracts would be materially 
advanced in value by the construction of highways as proposed 
in the bill now before us. 

]\Ir. President, the plan is that the United States shall aid 
in constructing these highways by Issuing bonds and throwing 
them upon the market. 

I object to this, because I believe it is bad financial policy. 
Out in the West we are told tliat our farmers have adopted a bad 
financial policy. Theyare living beyond themselves. Theyare 
b\iying more lands than they really need to buy. Wo were told 
only a few days ago by the distinguished Senator from Vermont 
[Mr. Morrill] that the cause of our farm mortgages in the West 
is that we have been borrowing money upon our farms for the 
purpose of adding other quarter sections, and that machinery 
was being bought perhaps before we wore able to ])ay for it. 
S\ich a policy was thought unsound. 

Now, I believe what is economy for the farmer, what is economy 
tor the municipality, is economy for the Government. I believe 
that it is bad financial policy for us to issue bonds for the jnirpoae of 
extending or improving the streets in the District of Columbia. 
We have staring us in the face at the present time an empty 
Ti-easury . If we have not the money in the Treasury of the United 
States to improve these streets, and if they need to bo improved, 
then by all means let us wait until the money is on hand and we 
can pay for it like men, and not saddle bonds upon us and upon 
our children. 

It there is one subject in the United States at the present time 
upon which the people are tender it is the subject of bonds. 
Ever since the war of the rebellion, twenty-five or thirty years 
ago, we have had nothing but bonds and interest upon bonds, and 
now we have before us a provision for the issuing of more bonds, 
the people to pay the interest upon them, and torun for a period of 
twenty or perhaps thirty, forty, or fifty years. 

Mr. President, I believe that this principle is wrong. I think 
a wise economy should be practiced by the Government of the 
United States as well as by corporations and individuals. Only 
within two days we have had bills up before the Senate of an ex- 
travagant kind. One appropriated a half million of dollars to 
the city of Salt Lake in Utah Territory, and to-day a bill which 
passed the Senate appropriates $400,000 to the city of Tacoma in 
the State of Washington. I have furthermore read upon my 
Calendar that one of our Western cities, Chicago, comes forward 
and has the modesty to ask for $4,000,000 for the purpose of erect- 
ing a post-oSico building. 

We have spent much valuable time during the past two months 
passingpublic building bills, apppropriating twenty-five or thirty 
millions, as though our Treasury were overflowing. It is time 
for us to call a halt when we are confronted by an empty Treasury 
and are asked to issue bonds to pay the small sum of $2,000,000. 

If in one week we can appropriate $4,000,000 of cash for public 
buildings, why do wo have to issue bonds running twenty to 
thirty years for the purpose of paying $2,000,000 to improve the 
streets of the District of Columbia, intended, as I think, to ad- 
vance the property of individuals and corporations? Real-estate 
men, for aught I know, are behind this bill and are urging its 
passage by the Senate. 

Mr. President, if it is necessary to have these streets extended, 
and the money must be forthcoming, then I will take the posi- 
tion of the Senator from Arkansas and the Senator from Missis- 
sippi, and declare for the issuance of legal-tender notes that shall 
bear no interest, and which will very materially increase the 
volume of our currency. Our people want more money and less 
bonds, and therefore I think the bill should not pass. 

Mr. Faulkner and Mr. Allison addressed the Chair. 

The PRESIDING OFFICER (Mr. Platt in the chair). Does 
the Senator from West Virginia yield to the Senator from Iowa? 

Jlr. ALLISON. I do not wish to interfere with the Senator 
from West Virginia. I merely desired to make a motion to ad- 
journ. 

Mr. FAULKNER. I do not feel that I should detain the Sen- 
ate at this late hour by any remarks, but I desire to answer some 
allusions made by the Senator from Mississippi [Mr. George], 
and the Senator from South Dakota [Mr. Kyle], who has just 
taken his seat, in reference to the character of this bill. It has 
been entirely misunderstood, as I conceive, and I do not like the 
use of the term "scheme" and terms of that sort when applied 
to a bill that has my name attached to it, especially as I do not 
own a dollar's worth of property in this District. However, I 
will now give way to a motion to adjourn and make my remarks 
when the bill again comes up. 

Mr. ALLISON. I move that the Senate do now adjourn. 

The motion was agreed to; and (at 4 o'clock and 15 minutes p. 
m.) the Senate adjourned until Tuesday, February 23, 1892, at 12 
o'clock m. 



1328 



CONGRESSIONAL RECORD— HOUSE. 



Eebeuaky 19, 



HOUSE OF EEPEESENTATIVES. 
Friday, Fehnmry ]9, 1892. ' 



The House was called to order at 12 o'clock m. by the Clerk, 
Hon. James Kerr, who read the following communication: 

Sm- I name Hon. Benton McMillin, of Tennessee, to perform the duties 
ot^he Chair for this day. CHARLES F. CRISP, 

Hon. JAMES Kerh, 

Clerk House of Jiepresentatwes. 

Mr. McMiLLiN accordingly took the chair as Speaker pro tvm- 

^"prayer by the Chaplain, Rev. W. H. Milburn, D. D. 

Tlie Journal of the proceedings of yesterday was read and ap- 
uroved. 

LEAVE TO PRINT. 

Mr LODGE. Mr. Speaker, I desire to offer certain resolutions 
of the Legislature of Massachusetts, and I ask unanimous consent 
that they be printed in the Record. _ 

The SPEAKER pro tempore. Is there objection .•' , . ^ ^ 

Mr RICHARDSON. Mr. Speaker, I do not like to object to 
these requests every morning; but it has- been unusual to print 
such resolutions in the RECORD, and I do not thmk it proper to 
cumber that publication with matters of this kind that are not 
immediately before the House for consideration. I object. 

Mr MORSE. Mr. Speaker, I think the gentleman from ien- 
nessee will not object to my request. I am ill and am necessarily 
o-oinc' away for a few days, but would like to print in the Record 
a few remarks which I propose to submit with regard to the pend- 
ino- amendment to the interstate-commerce law. 

The SPEAKER pro tempore. Is there objection to the i-equest 
of the gentleman from Massachusetts? 

There was no objection. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted to Mr. 
Morse, indefinitely, on account of sickness; to Mr. MoSES, for 
twelve days.from Tuesday, February 23, and to Mr. Livingston, 
for the same period. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. Platt, one of its secre- 
taries, announced that the Senate had passed the bill (b. 1209) to 
provide for the purchase of a site and the erection of a public 
building thereon, at Ogden, in the Territory of Utah; in which 
concurrence was requested. ^ ,, r n 

It also announced that the Senate had passed the following 
resolutions: 

Resolved. That the Senate has heard with profound sorrow of the death of 
Preston U. Plumb, late a Senator from the State of Kansas. 

lesolved, That as a mark of respect to the memory of the deceased, the. 
biisiness of the Senate he now suspended to enahle his associates to pay 
proper tribute of regard to his high character and distinguished public serv- 

^'^'sesolved. That the Secretary of the Senate communicate these resolutions 
to the House of Representatives. 

EULOGIES ON THE LATE SENATOR PLUMB. 

Mr PUNSTON. Mr. Speaker, I desire to ask unanimous con- 
sent to introduce for immediate consideration a resolution fixing 
a day for eulogies on the late Senator Plumb. 
. The SPEAKER pro tempore. The resolution will be read, 
after which the Chair will ask for objections. 

The Clerk read as follows: 

EesoUed That Saturday, March 12, 1892, beglnniug immediately after the 
reading of the Journal, be set apart for tributes to the memory of Hon. 
Pre" ton B Plumb, late a Senator from Kansas,and that the Senate resolutions 
remain on the Speaker's table until that day. 

The SPEAKER pro tempore. The Chair desires to call the 
attention of the gentleman from Kansas to the following order 
which has been already made by the House with reference to 
the date named in his resolution. 

The Clerk read as follows: 

Hesolved. That Satui-day, March 12, beginning at 2 o'clock p. m., be set 
apart for paying tribute to the memory of Hon. John R. Gamble, late a mem- 
ber of the Hous? of Representatives at large from the State of South Da- 
kota. 

Mr. PUNSTON. Then, Mr, Speaker, I desire to change the 
date to the 19th, one week later than the date fixed m the reso- 
lution. , . . ^ ,, 

The SPEAKER pro tempore. Is there objection to the pres- 
,^.nt consideration of the resolution of the gentleman from Kan- 
iS amendc-dV 
saibeing no objection, the resolution was considered and 
adopted/^""^. 

THEATER LICENSES, DISTRICT OP COLUMBIA. 

The SPEAKER piro tempore also laid before the House the 
joint resolution (S. R.45) to regulate licenses to proprietors of 
theaters in the city of Washington, D. C. 



Mr. HEMPHILL. Mr. Speaker, I would like to ask unanimous 
consent for the present consideration of the resolution just laid 
before the House. 

The SPEAKER pro tempore. The resolution will be read, sub- 
ject to objection. 

The Clerk read as follows: 

Resolved, etc.. That all licenses issued by the Commissioners of the District 

. .-. ■ . _■ _ _ '_ ^ i —^.^l, A1 fnr.l inn Ol f\f tVlQ tint rit 



of Columbia, pursuant to paragraph 41 , section 31, of the act of the Legislative 
Assembly approved August 237 1871, to the proprietors of all theaters m tlie 
city of Washington, D. C. and now in force, be, and the same are hereby, 
terminated, and the use of such building prohibited until such time as the 
owner or lessees of the same shall comply with such pro%nsions relative 
thereto for the public safety as the Commissioners of the District of Colum- 
bia shall prescribe. 

The SPEAKER pro tempore. Is there objection to the present 
consideration of the resolution^ 

Mr. ENLOE. 1 do not want this day to be taken up with other 
business 

Mr. HEMPHILL. This, 1 will slate to the gentleman from 
Tennessee, will take but a moment, I think. 

Mr. ENLOE. With the understanding that it shall be with- 
drawn it there is discussion upon it, I will not object. 

Mr. HEMPHILL. If it leads to any debate I will withdraw it. 
I ask unanimous consent for its present consideration. 

There being no objection, the joint resolution was considered, 
read a third time, and passed. 

On motion of Mr. HEMPHILL, the motion to reconsider the 
vote last taken was laid on the table. 

REPRINT OF A BILL. 

Mr. BLAND. 1 ask to have reprinted the bill (H. R. 4426) 
for the free coinage of gold and silver, for the issue of coin notes, 
and for other purposes. There have .been a great many calls for 
it, and it is not to be had in the document room. I ask also that 
.'i.lWO copies of the majority and minority reports be printed with 
it. A groat many members are asking for it. 

Mr. TRACEY. Mr. Speaker, I do not desire to object, but I 
think that number is scarcely sufficient. 

Mr. DICKERSON. I wish the gentleman would make it 10.- 
000 copies. There is a general demand from all over the country 
for copies of this bill and th^ report. 

Mr. BLAND. I would like to have 10,000 copies if the House 
will order it. ,, , 

Mr. TRACEY. I would like to suggest to the gentleman from 
Missouri [Mr. Bland] an amendment— to make it 10,000 copies. 

The SPEAKER pro tempore. Is there objection to the iiropo- 
sition of the gentleman from Missouri, as amended by the gen- 
tleman from New York, for the reprint of the bill, and to make 
the number of the majority and minority reports to be printed 
10.000? [After a pause.] The Chair hears no objection, and it 
so ordered. 

Mr. RICHARDSON. I do not object, but I simply want to say 
that if it costs over $.500 the House can not order it by a simple 
resolution. 

Mr. BLAND. If it costs more than that the Committee on 
Printing can rectify it. .,, » , „ 

Mr. RICHARDSON. It it costs more than $.o00, it will take a 
concurrent resolution. ,• ,,■ 

The SPEAKER pro tempore. The Chair hears no objection, 
and the order is made. ^ .. . 

Mr. COBB of Alabama. Mr. Speaker, I want to suggest that 
those reports when reprinted should be equally distributed among 

the members. , , , . ... .^ . 

The SPEAKER pro Umpore. If there be no objection, that 

distribution will be ordered. 
There was no objection. 

PRINTING DEFICIENCY. 

The SPEAKER protempore\a.\i before the House a letter from 
the Acting Secretary of the Treasury, transmitting a copy of a 
communication from the Public Printer, with inclosures, sub- 
mitting estimates of deficiency in appropriations for the public 
printing; which was referred to the Committee on Appropria- 
tions. 

ORDER OF BUSINESS. 

The SPEAKER pro tempore. The Chair will now call the com- 
mittees for reports. This being private bill day, only reports of 
a private nature are in order. 

Mr ENLOE. Mr. Speaker, only reports of a public nature are 
required to be presented in the open House. Reports of a pri- 
vate nature go through the petition box. 

The SPEAKER pro tempiore. The Chair will examine the rule. 
[After a pause.] The Chair finds upon examination that the now 
rule that was adopted does authorize the submission of the re- 
ports on private bills through the petition box, and does not re- 
quire them to be publicly reported. , , „ , , , 

Mr. BYNUM (after conferring with the Speaker pro tempore). 
I move to dispense with the call of committees for reports. 



I 



1892. 



CONGEESSIOJSTAL EECORD— SENATE. 



]:3G1 



submit for the consideration of Congress what amoimts can be profitably 
expeniJea during tlie coining year to caiTy out the recommendations made 
by the Commission of Engineers. United States Army, appointed under the 
provisions of an act of Congress approved October 1, 1888, entitled " An act to 
investigate mining dfibris in California," for "restriction works, dams and 
wing dams, to restrain the mining debris where now situated, and prevent 
its lodgment in the rivers of California, to the injury of navigation and com- 
merce/' 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the joint resolution? 

There being no objection, the joint resolution was considered 
as in Committee of the Whole. 

Mr. ALLISON. I should be glad to have the joint resolution 
read again, and I ask for information respecting the matter. Is 
it reported from a committee? 

Mr. PRYE. It is a House joint resolution. It passed the 
House of Representatives ■ 

The VICE-PRESIDENT. It was reported favorably by the 
Senator from Maine [Mr. Frye]. 

Mr. FRYE. It was referred to the Committee on Commei-ce, 
and reported favorably from that committee. 

Mr. ALLISON. I ask that the joint resolution be again read. 

Mr. FELTON. I wish to say to the Senator from Iowa that 
the measure carries no appropriation with it. It is simply a joint 
resolution for obtaining some information from the Secretary of 
War. 

Mr. SHERMAN. Lot it be read again. 

The VICE-PRESIDENT. The joint resolution will be again 
read. 

The Chief Clerk read the joint resolution. 

The joint resohition was reported to the Senate without amend- 
ment, ordered to a third reading, read the third time, and passed. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that Hon. Benton McMil- 
LIN, a Representative from the State of Tennessee, had been 
elected Speaker pro tempore, to serve during the temporary ab- 
sence of the Speaker. 

JOHN W. BLAKE. 

The VICE-PRESIDENT. The Senate wUl now proceed to the 
consideration of bills on the Calendar under Rule VIII. 

The biU (S. 35G) for the relief of John W. Blake was announced 
as first in order on the Calendar. 

Mr. VOORHEES. In the absence of my colleague [Mr .Turpie], 
I want that case to go over without prejudice. I am under the 
impression that that claim has been allowed at a former Con- 
gress. In fact, Judge Turpie told me so the other day. He is 
not in his seat. Let it pass over for the present, and when he 
comes in, if we are mistaken about it, the bill can be taken up 
again. 

The VICE-PRESIDENT. The bill will go over without preju- 
dice. 

Mr. TURPIE subsequently said: I wish to call attention to 
Order of Business 133, being the bill (S. 356) for the relief of John 
W. Blake. I move that that bill be indefinitely postponed. 

The motion was agreed to. 

public building AT NEWPORT NEWS, VA. 

The bill (S. 602) for the erection of a public building for the use 
of the custom-house and post-ofQce at Newport News, in the dis- 
trict of Newport News, Va., was considered as in Committee of 
the Whole. 

The bill was reported from the Committee on Public Buildings 
and Grounds with an amendment, in lines 13 and 14, to strike out 
the words '•andfifty"'where they occur, so as to make the amount 
in each case $100,000. 

The amendment wa.s agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

Tho bill was ordered to be engrossed for a third reading, r 
the third time, and passed. 

BUILDING FOR DISTRICT GIRLS' REFORM SCHOOL. 

The bill (S. 1351) to provide for the purchase of a site and the 
erection of buUdings for the Girls' Reform School of the District 
of Columbia -was considered as in Committee of the Whole. 

Tho bill was reported from the Committee on the District of 
Columbia with an amendment, in line 5. after the word " appro- 
priated," to insert "one-half of which sum shall be charged 
against the revenues of the District of Columbia," so as to make 
the bill read: 

lie it enacted, etc.. That the sum of $75,000 be, and the same is hereby, ap- 
propriated, out of any money in the Ti-easury not otherwise appropriated, 
one-half of which sum shall be charged against the revenues of the District 
of Columbia, for the inirchase of a site and the erection or alteration and tur- 
nlshing of buildings for the Girls' Reform School of the District of Columbia, 
Bald sum to be expended by the Conunissioners of the District of Columbia 
and to be immediately available. 

The amendment was agi'eed to. 



The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 
The bill was ordered to be engrossed for a third reading, read 

the third time, and passed. 

CONDITION OF AGRICULTURE. 

Mr. GEORGE. Mr. President, some ten days ago, by the di- 
rection of the Committee on Agriculture and Forestry, I reported 
a resolution with an amendment authorizing certain investigar 
tions as to tho condition of agriculture in tho United States. I 
sujipose there will bo no objection to the passage of the resolu- 
tion, and I should like to have it called up and passed. I ask 
that that be done. 

Mr. COCKRELL. What is the resolution? 

]Mr. GEORGE. It is a resolution for investigating the cotton 
question. 

Mr. SHERMAN. I have not bjcn able to understand what 
the resolution refers to. 

Mr. HARRIS. Let it be read. 

Mr. GEORGE. It is a resolution which has been reported 
from the Committee on Agriculture and Forestry. 

The VICE-PRESIDENT. The title of the resolution will be 
stated. 

The Chief Clerk. Order of Business 301, resolution by Mr. 
George, for the appointment of a select committee to inquire 
into the cau,se of the low price of cotton and the depressed con- 
dition of agriculture, etc. 

.Mr. SHICRMAN. That should go to the Committee on Con- 
tingent Expenses. 

Mr. GEORGE. It was referred to the Committee on Agri- 
culture and Forestry, and they rei)ortcd it with an amendment. 

Mr. SHERMAN. The law requires that such a resolution 
should go to the Committee on Contingent E.xpenses. That will 
not occasion much delay. 

Mr. GEORGE. Does the Senator suggest that the resolution 
be referred to tho Committee to Audit and Control the'Contingent 
Expenses of the Senate? 

Mr. SHERMAN. Yes. In order to got any money the reso- 
lution must b3 referred to that committee. 

Mr. PADDOCK. Under tho rule that is necessary. 

Mr. GEORGE. Very well. 

The VICE-PRESIDENT. The resolution will be so referred. 

C. M. SH.^FFER. 

The bill (S. 268) for the relief of C. M. Shaffer was considered 
as in Committee of the Whole. It provides for paying to C. M. 
Shaffer, of Berkeley County, W. Va.. $1,500 for rent and occupa- 
tion of his warehouse, in the town of Martinsburg, as a commis- 
sary storohotise during tho war of the rebellion. 

The bill was reported to tho Senate without amendment, or- 
dered to be engrossed for a third reading, read the thii-d time, 
and passed. 

ESTATE OF A. H. HERR, DECEASED. 

The bill (S. 6.57) for the relief of the estate of A. H. Kerr, de- 
ceased, late of the District of Columbia, was considered as in 
Committeeof the Whole. It proposes to pay to tho estate of -\. H. 
Hcrr, deceased, late of the District of Columbia, $17,2S8.5.'i. al- 
lowed by the Secretary of War for the use of his premises, known 
as Herr's Island, near Harpers Ferry, by the Army during the 
late war. 

Mr. PLATT. Is there a report in that case? 

The VICE-PRESIDENT. There is. 

Mr. PLATT. If the report is not long, I should like to have it 
read. 

TheVICE-PRESIDENT. The report will be read. 

Th^Becretary road tho report submitted bv 'Mr. Faulkner 
JiM^Pry 25, 1892, as follows: 

e Committee on Claims, to whom was referred the bill (S. OSTi for the 
relief of the estate of A. H. Herr, have considered the same and respectfully 
report. 

Your committee adopt the report submitted by them during the first ses- 
sion of the Flf ty-tirst Congress, and recommend that the bill do pass. This 
bill passed the Senate last Congress. 

The adopted report is as follows: 

"This claim has Ijeen before Congress since the-flrst session of the Forty- 
second Congress, and has received favorable consideration in both the House 
and Senate. 

' The report of Mr. Rowell, made to the House of Representatives at the 
first session of the Forty-eighth Congress, is so full and conclusive that your 
committee have adopted it as a fair statement of the grounds for relief. He 
states: 

"This claim is for the use and occupation of Herr's Island, near Harpers 
Ferry, W. Va., by Federal troops from Febrnar.v, 1803. to Februar.v. IRiiO. 

"The property in question 'was a very extensive and valuable estate, em- 
bracing r2 acres of land, thirty-two dwelling houses, a large four-story col- 
ton factory building. :i large iron foundry, sawmill, and many outbuildings.* 
and was all occiipietl at v:irious times during the i)eriod n,amed. and luider 
control of acting quartcnnasters in the Uuitc'd St:Ues .Vrmy. 

"Mr. Herr. the owner of the property, was a loyal citizen, who for hl.s loy- 
alty stiffered imprisonment at the hantls of the rebels, and many other vexa- 
tions—besides great destruction of properly. 

"February 28, 1868, Maj. Gen. W. S. Hancock made an order convening a 
board of officers to examine and report upon the condition of property in 



XXIII- 



-SG 



1362 



CONGRESSIONAL RECOED— SENATE. 



Febeuaey 23, 



tlio department lately used by the Government, under the direction of the 
Quartermaster's Department, ■with a view of determining what wouUl he re- 
qulnd to put it in the same condition as when first occupied by the Govern- 
ment. 

*'Iu accordance with siich order, the board convened and proceeded to ex- 
amine the various property covered by the order, and on July 3, 1866, entered 
upon a critical examination of the property involved in this case, and of the 
eviilruco of Us occupation, and its rental value; and reported in detail each 
btilldins occupied, the time of Its occupancy, ,and the rental value. The re- 
sult of this examination was a report of a total rent of $17,288.53. 

'■ This rei>ort was not approvcdby the Quartermaster-General, but the claim 
was by him referred to tlen. Blunt, chief quartermaster, Department of the 
Potoiiiac, who, on December27, 18ii(5, made rettum of his conclusions, in ^\'hich 
he stated that he had made x>ersonal examination of the liremises, accom- 
panied by his agent, and was satisfied that the buildings were occupied for 
military piu'poses for the whole of the time alleged in the claim. He ex- 
presses the opinion that the occtipation tended to preserve the buildings from 
being destroyed by the rebels, and also says that the works not being in 
operation wuuM prevent the owner from deriving any material benefit from 
It. Yet, he says, the Government derived material beneUt from its use, and 
tie carefully readjusts the estimates of the board of offlcers and recommends 
the allowance of $15,294.58. 

"Upon receipt of this report Acting Quartermfister-General Eucker disal- 
lowed $8,408.33 of the claim, and recommended the payment of $G,8S6.25. 

"This reduction was made upon the statement in the report of Gen. ijlunt. 
that the occupancy of the property by the Army had the effect to protect it 
from destruction by the rebels, and the asstimption that the worlts were not 
in operation, and therefore were of little use to their owner. 

"This finding was approved by Quartermaster-General Meigs, but the 
claimant refused to accept the amount. 

" .Subsequently, the whole matter was referred to Deputy Quartermaster- 
General Ekln. who, on June 7, 1869, made an elaborate report upon the find- 
ings of the bo.ard of officers, the report of Gen. Blunt, and the action of the 
Quartermaster-General on the same. He also considered additional evidence, 
"whiih showed that the supposed facts in regard to the operation of thisprop- 
erty l)y the owner, as reported by Gen. Blunt, did not in reality exist, and 
th.a't the condition of the property, with reference to its use by the owner, had 
been mismiderstood. 

" The report also combats the idea that its occupancy by the Union troops 
tended to preserve it from destruction. 

"After reviewing the history of the case, and reciting the evidence upon 
■which his findings were based, the report concludes "With a recommendation 
of an allow.ance of $15,000. 

"This report is returned by the Quartennaster-General to Gen. Ekin, with 
a suggestion that it is like another case cited. "Whereupon Gen. Ekin makes 
X'esponse as follows: 

" ' The ruling in the Mu-rfreesboro decision cotild be made applicable in tliis 
case, but in view of the fact that it has been the custom of this Department 
to pay rent for property at Harpers Ferry, which was occupied by the United 
States during the war, and in the absence of any law or order prohibiting its 
payment, I can not perceive any just reason why Mr. Herr should not be paid 
such rent as may be found to be due him.' 

" March 16, 1874, the claim was taken before the Secretary of War for re- 
viev,-, who, upon an examination of all the papers in the case, approved the 
fluding of the board of offlcers convened by Gen. Hancock, but on reference 
to the accounting offlcers the Third Auditor reported adversely, and the 
claim was disallowed by the Comptroller April 7. 1S74 — 

" 'On the ground that the prohibitory act of February 19, 1867, was not re- 
pealed by the joint resolution of July 3S, 1806, extending the benefit of the act 
of July 4, 1861, to the counties of Jefferson and Berkeley, W. ■\'a.' 

"On reargument this decision was reafBrmed May 26. 1874. 

"The case was finally re^vlewed by the Comptroller July 23, 1873. In that 
review he says: 

" ' There is but one question now to be determined in the case. The claim- 
ant's loyalty and ownership, the occupancy of the property by the Federal 
forces, the proper administrative action in the "War Department, and per- 
haps the amount of compensation to be allowed, are all sufficiently shown.' 

"After reciting the various acts of Congress bearing upon the right to ad- 
just and pay his claim the report says: 

" ■ It [the act of 18C7J expressly prohibits the settlement of certain claims 
originating In a State, or part of a State, described In the i)roclamation of 
July 1, 1803. * * * Jefferson County, Virginia, is among the counties de- 
scribed in that proclamation, and the prohibition, it seems to me, is as posi- 
tive as if the act had rejjeated the words of the proclam.ttlon.' 

"And so this claim was rejected— not because it ought not to be paid, but 
because the Department before ■wliich it was pending was expressly prohil>- 
ited by act of Congress from settling claims of this character. 

"The committee are of the opinion that the allowance of this claim is an 
act of justice which ought not longer to be delayed for want of a tribunal in 
■which to enforce it. 

"Claimant's property was occupied by United States troops without any 
express agreement as to the amount of compensation. Its use was of grea"t 
value to the Government, and effected a saving of much more thaji the 
amount claimed. Its occupancy was a necessity at the time. The ofhcers 
taking possession and the claimants both sui>posed that reasonable rent was 
to be paid. Large damage was done to the property, for which no claim is 
made." 

The bill was rejDoi'ted to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

WILLIAM F. WILSON. 

The bill (S. 284) for the relief of William P. Wilson, -was consid- 
ered as in Committee of the Whole. It provides for paying to 
William F. Wilson, of Berkeley County, W.Va., $1,-530, in full, 
tor the use and value of his house at Harpers Ferry, Jefferson 
County. W. Va., during the war of the rebellion. 

Mr. COCKRELL. Let the report be read in that case. 

The VICE-PRESIDENT. The report will be read. 

The Secretary read the following report, submitted by Mr. 
Faulkner January 2:3, 1892: 

The Committee of Claims, to whom was referred the bill (S. 884) for the re- 
lief of William F. Wilson, have considered the same and respectfully report : 

We adopt the report hereto aimexed, made by this committee in the first 
session of the Fiftieth Congress and also In the first session of the Fifty- first 
Congress, and recommend the passage of the bill. 

[Senate Report No. 2099, Fiftieth Congress, first session.] 

Mr. Wilson, in 1861, was a foreman in the armory at Harjiers Ferry, W. Va. 

In 1868 he filed his claim against the Government in the office of the Quarter- 



master-General, and Special Agent Thomas P. Chlffelle was appointed to ex- 
amine into the merits of the claim and the loyalty of the claimant. BUs 
report is as follows: 

Claim of William. F. Wilson, Harpers Ferry, Jefferson County, W. Va. 
1864. Dec. For use and occupation of house and lot from March, 1862, 

to December, 1864, 33 months, at $10 per month $330 

Destruction of d-welling, outbuildings, fences, etc.. 1,200 

Total 1,530 

The above claim is Institute^l for the purpose of recovering the sum of 
$l,.")3tj, alleged to be the amount due the claimant for the use and occupation 
of his premises and for the destruction of his dwelling, etc., by United States 
troops. 

I'he claimant in the above ca«e, Mr. William P. AVIlson, was at the time 
this claim originated a resident of Harpers Fei-ry. in Jefferson Coimty, W. 
Va., and the owner of a very fine one-aud-a-halt story brick fl-welling and of 
the lot on which it w.as built, situated upon a hill known as Camp Hill, over- 
looking the village of Harpers Ferry. 

Mr. Wilson bears a very high reputation amongst his neighbors for being 
a person of strict integrity of character and honesty of purpose. He has al- 
■ways been, both during and since the rebellion, loyal to the United States. 

Mr. Wilson, pre\'ious to the war, was employed in the United States service 
in the armory at Harpers Ferry as one of the foremen in the rifle works. On 
the breaking out of the rebellion he was very active in his exertions In en- 
deavoring to seciu'e to the United States the arms and ammunition deposited 
there. By his course, as well as by the warm and hearty support which he 
gave to the General Government, he made himself very obnoxious to several 
of the citizens of Harpers Ferry, and on the occupation of this place by the 
rebel forces he was forced to flee for his life. He succeeded In reaching 
Washington and obtained employment In the na'vy-yard, where he remained 
for some time; afterwards ho was employed, up to the close of the war, at 
Bridesburg, Pa., by Alfred Jenks & Son, in suparintending their musket 
works. 

His witnesses are all men of standing and character In Harpers Ferry, were 
loyal during the war. and are registered as voters in that district. 

It appears upon examining this claim that in the year 18B2 Col. Benjamin 
Huger, U. S. Army, then in charge of the armory at Harpers Ferry, sold at 
public auction, by authority of the Department, to Mr. Wilson, abrlck house 
and a lot in that village, situated on Camp Hill, at the corner of Fillmore and 
McDowell streets, for the sum of $650. The building was a one-and-a-half 
story brick dwelling, ^i by 28 feet, containing some six rooms, with a small 
one-story brick kitchen attached thereto. The iiremises not being in very 
good repair at the time of purchase Mr. Wilson expended In repairing anil 
Impro^ving the property by painting, by the erection of a front porch, a sta- 
ble, a large brick cistern, and a garden house, and al-o t>v inclosing the entire 
lot with agoodandsubsiautialpalefence, some $701) r>r;:iXi. making the build- 
ings and lot when completed cost him nearly $1.4(XI. I feel 'satisfied from all 
the lutormation that I can gather, that the same chir.acter of dwelling, to 
getherwith the outbuildings, can not be erected at i his time for less than 
$1,80(1. and therefore think that Mr. Wilson's charge of $1,200 is not only rea- 
sonable but just. 

It further appears that on or about the month of March, 1882, this house 
and lot was taken possession of by (he United States troops and used by them 
until December, 1864. as a hospital and qtiarters for oiticers and soldiers; 
that the interior of the dwelling, the outbuildings, and fencing having been 
entirely destroyed during the occupancy by the soldiers. Gen. .Stevenson, 
United States Army, commanding, gave permission to Col. Graham, fifth 
New York Hea^■y Artillery, to pull the building do\\'n and to use the mate- 
rial of which it was composed In the construction of winter quarters for his 
command. The permission or order was so well and effectually complied 
with that there Is nothing now remaining to designate the former site but a 
portion of the foundation of the m:iln dwelling. 

Mr. A. Cox. nowaresidentot H.arpers Ferry. butdurlngthewaralleutenant 
in the Fifth New York Hea^•y Artillery, stated to me that while stationed at 
Harpers Ferry, he, by order of Col. Graham, assisted in supermtending the 
teru'Ing down of Mr. 'W'llson's dwelling and in the subsequent use of its mate- 
rial in the construction of \^-inter quarters for his command. 

It still further appears that on February 27. 1866, Capt. W. G. Y'otmg, mili- 
tary storekeeper 'united States ordnance, by direction of the Ordnance De- 
partment, sold the bricks from Mr. Wilson's dwelling, together T\-ith others 
belonging to dillerent individuals, at public auction in Harpers Ferrj', for 
and on account of the United States, and accounted for the proceeds of the 
sale on his property return for that month. 

The amount of rent charged by Mr. Wilson for the time his premises were 
occupied by the United States troops is also exceedingly reasonable: it is 
somewhat less than that for which similar buildings rented for at that time 
in Harpers Feri-y. 

I see no reason for recommending any alteration In the account. The 
claim seems to be In every respect just and proper. 

ResiJectfully submitted. 

THOiVIAS P. CHIFFELLE, Agent. 

Bvt. Maj. Gen. Stewart Van Vliet, 

D(2)!'ly Quarlcrmagter- General, United Slates Army. 

This report, on April 23, 1863, was indorsed as follows: 

Respectfully forwarded to the Quartermaster-General, with the recom- 
mendation that Mr. Wilson's claim be allowed In ftill. 

STEWART VAN VLIET, 
Deputy Quartermaster-General, Baltimore. Md. 

The Quartermaster-General, in a letter to the Secretary of War dated Juno 
2. 1868, approved the claim for $330 for rent, but the item for the destruction 
of the building was disapproved, as there was no appropriation out of which 
the sum could be paid. The recommendation of the Quartermaster-General 
was approved by the Secretary of War. The Third Auditor, on the 13th of 
January, 1870, disapproved the claim, holding that the act of February 19, 
1867, which construed the act of July 4, 1864. extended to the cotmties of Jef- 
ferson and Berkeley, in West Virginia, and that all claims " on account of 
occupation or injury to real estate could not be entertained by the account- 
ing offlcers of the Treasury when such claims originated in either of said 
counties and during the war of the rebellion." This view was concurred In 
by the Second Comptroller of the Treasury. 

"The report of the special examiner shows this to be a most meritorious 
claim, and the bill Is therefore reported favorably, ■with the recommendation 
that it do pass. 

Mr. COCKRELL. I should like to ask the Senator from West 
Virginia, reporting this case, if I understand the case properly. 
If I do, it is that this claimant in 1862 purchased from the Gov- 
ernment a lot and house in Harpers Ferry at and for the sum of 
$600; that thereupon he moved into the house, made improve- 
ments costing, as alleged, bet'vreen seven and eight hundred dol- 



I 



1892. 



CONGRESSIONAL RECORD— SENATE. 



1447 



Idaho and the enabling act, and without reference to the act of 

Congress. That is plain, it seems to me, to any man who will ju- 
dicially examine the journal and the evidence in this case, and I 
say that those proceedings, inconsequeuceof a combination, were 
abandoned and the election of a member to fill the long term be- 
ginning on the 4th of March, 1891, was sprung upon the house 
without having gone through the initial process of a separate 
vote in the two houses, and was not begun on the right day at 
that. Therefore, the proceeding is void. 

Suppose that we take it for granted that the statute requiring 
a separate vote of the two houses is waste paper, is hrutumfiii- 
vun in the air, and is not to be obeyed, then let us see if the stat- 
ute is to be obeyed in regard to the beginningof the proceedings 
on the second Tuesday after the meeting and organization. The 
one is to the manner and the other is to the time. 

I was wonderfully interested, Mr. President, as we all were, in 
the eloquent and astute argument of the Senator from Indiana 
[Mr. Turpie] on the matter of organization. I must say, as much 
as I expected, I was surprised at the knowledge he displayed. 
It is a great gratification and satisfaction to me to know any- 
thing. George Selwyn, the English wit, said: "If I was as cock- 
sure of anything as Brougham is of everything, how hapjiy I 
would be." I have often wondered at and regretted the igno- 
rance of the swineherds of Admetus, who, when Apollo stalked 
among them, did not know that they were honored by the so- 
ciety of the sun god. They were not what I have heai-d termed 
"knowledgeable people.'' 

Now, sir, the people of America have lived in ignorance ever 
since the formation of their Government, and perhaps ever since 
the first organization of a town meeting after the landing at Ply- 
mouth Rock and Roanoke Island, of all these facts of organiza- 
tion which the Senator from Indiana threw open to us and with 
which he enlightened us yesterday. He said that it was not nec- 
essary to have any officers at all to effect an organization; that they 
were organized as soon as the members of the house or the senate 
were sworn in. The expression of the Senator from Illinois [Mr. 
Palmer] was, I believe, that they were organized as soon as they 
were assembled. We were treated yesterday to a philological 
disquisition about the use of the words "two" and "either," 
" either one of two," and the moons of Jupiter, and so on and so on, 
and these " creatures " who sit around here, the clerks and pages 
and reporters, sergeant-at-arms, and so on — the idea that they 
were a part of the National Congress was laughed out of court. 

I\Ir. President, I want to say this, that if a body is organized 
as soon as it comes together^ without doing anything else, no- 
body in America except the Senator from Indiana and the Sena- 
tor from Illinois has ever found it out yet. Since the establish- 
ment of legislative communities in America, colonial or State, 
there never has been a body assembled for legislative business 
in this country that was not organized by the election of some 
officers to preside over the body, to record its will, and to exe- 
cute its behests. 

In my own personal experience I remember to have sat nine 
long weeks in the House of Representatives in the vain endeavor 
to procure what we called an organization. "We had no Speaker. 
We did not know any better. We did not undertake to pass 
any bills. We could not even draw a dollar of our salaries. We 
were for nine long weeks on the borrow from one another and 
from everj'body else. Why? We had all met. There was no 
doubt about it in the world. We had all been sworn in. A good 
many of us had been sworn in and a g-ood many cussed out, but 
we could not draw a dollar of money; we could not pass a bill; 
we could not entertain a motion for nine long weeks, simijly be- 
cause we were not organized, yet we had all met in due form, 
and as for swearing in, I reckon there was about as much swear- 
ing done about that time as there ever had been in the history 
of the American Congress. [Laughter.] 

On another occasion the House of Representatives had a Clerk 
to die. We were not organized on the previous occasion to which 
I have just referred because we had no Speaker, but on this oc- 
casion we had a Clerk to die. Howell Cobb, of Georgia, a man of 
no mean talents and ability, was Speaker of the House of Repre- 
sentatives, and what were the proceedings there? Excuse me for 
reading them again. They are set out in the report, but they 
are peculiarly and specially and religiously applicable to the ar- 
gument of the Senator from Indiana [Mr. Turpie] on the subject 
of organization. After the death of the Clerk had been an- 
nounced, on the day following a deputy clei-k beg'an to read the 
Journal. Objection was made, and the inquiry was propounded 
to the Speaker by what authority that individual read the Jour- 
nal: 

The Speaker. The Ch.air vrill staW to the House that the Journal has been 
prepared as usual under the direction of the Speaker. The individual at the 
aesk. who was reading the Journal, was one of the subordinate oflQcers of the 
late Clerk of the Hovise of Representatives. The positions occupied by these 
Officers previous to the death of the Clerk are still, in the judgment of the 



Chair, occupied by them. They are not authorized, however, to discharge 
the duties of Clerk. In the opinion of the Chair until a Clerk- 
One of these " creatures" who are no part of the organization 
of a Legislature — 

shall have been elected the House Is not organized, and no business can be 
transacted until an election shall have taken place. 

Was that the opinion of Speaker Cobb alone? Certainly not. 
A motion was made to repeal a resolution concerning the organ- 
ization of the House, which was thought to bo in the way. The 
Speaker refused, and decided the motion out of order. 

The Speaker. In the opinion of the Chaii*. no resolution, no business Is In 
order until a Clerk shall have been elected, and the House can t.ike action 
upon no subject whatever <mtll the election of a Clerk— that being necessary 

to the organization of the House. 

Then from that decision an appeal was taken to the judgment 
of the House, and the House without a division sustained the 
Chair, and it became the opinion of the House of Representa- 
tives. 

Now, what a pity it was that that House of Representatives did 
not know the fact that they were already organized, if only they 
had had the sense and the perspicacity to see it. There they 
were in that disorganized condition, the wheels of legislation 
stopped, and all the time, while they were perishing for water, all 
they had to do was to let down their buckets over the side and 
take up enough to drink. 

When the act of Congress of 1866 was imder discussion I be- 
lieve it was introduced and managed by Mr. Clark, a Senator 
from New Hampshire. 

I read from the proceedings as follows: 

Mr. CLARK. I move now to take up for consideration the bill (S. 414) to 
regulate the times and mamier of holding elections for Senators in Congress. 

That was Jidy 11, 18G6. 

The motion was agreed to, etc. 

Here is what Mr. Fessenden said, another name which I sup- 
pose it will bo admitted carries some weight with it as a lawyer 
and a statesman: 

I wotUd suggest to the Senator who called up this bill that one provision of 
it may lead to trottble. Itprortdesthat the Ijcglslaturo " shall, on the second 
Tuesday after the meeting thereof, proceed to elect a Senator In Congress." 
It not imfrequently happens— it has happened, I think, twice or three times 
in my o^^^l State— that the Legislature docs not succeed in organizing until 
several weeks after the regularly appointed day lor the meeting. 

That great man did not know, he had not any idea, that there 
could be such a thing as that as soon as they met and wore sworn 
they were organized. Afterward, in the same debate, this oc- 
curred. On the next page, 3731, Mr. TrvimbuU, another name of 
very considerable consequence and authority in legal matters, 
said what I shall read. I will lirst, however, \ead what Mr. 
Clark said just one paragraph previous. Mr. Clark quoted from 
the bill, as follows: 

And if a vacancy shall happen during the session of the Legislature, then 
on the second Tuesday after the Legislature shall have been organized and 
shall have notice of the vacancy— 

They shall proceed to elect, etc. 

Mr. TRtJMBULL. I suggest to the Senator from New Hampshire that that 
can hardly be necessary. This provision is, "U a vacancy shall happen dur- 
ing the session of the Legislature." Is It a "session" of the Legislatture 
uiitil it is organized? 

Mr. Trumbull, you will notice, doubted if there could be a 
" session" without " organization," but — 

Mr. Clark. It may be. The Legislature may be together and sitting, but 
not organized. I want to avoid that difllculty. 

These poor deluded souls were under the impression, Mr. 
President, that you and I arc under, that it was necessary for a 
legislative body when it came together to organize; that there 
was something 'more meant by oiganizLng than to merely meet 
together and take the oath of office. They thought it was some- 
thing more, and they spoke so, and they provided for it in this 
very bill. 

Mr. STEWART. Would it interrupt the Senator if I should 
call attention to a provision of tlie constitution of Idaho? 

Mr. VANCE. Not at all. I woidd be very glad to be inter- 
rupted, or to yield for a motion to adjourn. 

Mr. STEWART. I wish to call attention to the tenth section 
of the constitution of Idaho, which is as follows: 

A quortim being in attendance, if either house fall to effect an organization 
■vrtthin the first f om- days thereafter, the members of the house so (aUlng 
shall be entitled to no compensation from the end of the said four days until 
an organization shall have been effected. 

Mr. VANCE. You see the men who made the constitution of 
Idaho were ignorant of the fact that aU they had to do to organ- 
ize was to come together. 

Mr. GEORGE. Will the Senator from North Carolina allow 
me to move an adjournment? 

Mr. VANCE. Certainly. 

Mr. GEORGE. Unless some Senator desires to have an ex- 
ecutive session, I will move that the Senate adjourn. 



1448 



CONGRESSIONAL RECOED— HOUSE. 



EEBliUAlli: 25, 



Mr. VOORHEES. Mr. President, is that motion amendable? 

The PRESIDING OFFICER (Mr. Berry in the chair). It is 
not. 

Mr. VOORHEES. I move that wlien the Senate adjourn it 
adjourn to meet on Monday next. 

Mr. MITCHELL. I hope that motion will not be insisted on 
by the Senator from Indiana. 

Mr. VOORHEES. I will not insist on it if the Senator^ from 
Oregon wishes to go on with the privileged question to-morrow. 

Mr. MITCHELL. I am urged on all sides to go on to-morrow. 
As I am in charge of the matter, and as I shall be ci|ffiaeUed to 
be absent at the beginning of the coming week, I4r!lrf(n^ de- 
sirous of bringing it to a vote as scon as possible. 

Mr. VOORHEES. There is urgency in that case. I with- 
draw the motion. 

The PRESIDING OFFICER. The question is on the motion 
of the Senator from Mississipjii that the Senate adjourn. 

The motion was agreed to; and (at 4 o'clock and 35 minutes p. 
m.) the Senate adjoui-ned until to-morrov.', Friday, February 26, 
1892, at 12 o'clock m. 



HOUSE OF EEPEESENTATIVES. 
Thue«day, Fchruayy S:J, 189;?. 

The House met at 12 o'clock noon, and was called to order by 
the Speaker. Prayer by the Chaplain, Rev. W. H. Milburn, 
D. D. 

The Journal of the proceedings of yesterday was read and ap- 
proved. 

WORLD'S COLUMBIAN EXPOSITION. 

The SPEAKER laid before the House a message, in writing, 
from the President of the United States, relative to the World's 
Columbian Exposition; which was read at length, ordered to be 
printed, and referred to the Committee on the World's Colum- 
bian Exposition. 

[For the message, see Senate proceedings of yesterdaj".] 

IMMIGRATION STATISTICS. 

The SPEAKER laid before the House a letter from the Sec- 
retary of the Treasury, transmitting information to the House 
of Representatives, pursuant to resolution of January 16, 1892, 
relative to immigration, etc.; which was referred to the C'om- 
mittee on Immigration and Naturalization. 

LIEUT. COL. G. H. ELLIOTT. 

The SPEAKER also laid before the House a letter from the 
Acting Secretary of War, transmitting a copy of a letter from 
Lieut. Col. G. H. Elliott to the Chief of Engineers, relating to 
the suspension of $40 against him in the settlement of his ac- 
count, and recommending favorable action upon the accompany- 
ing draft of a bill for the relief of said officer; which was referred 
to the Committee on Claims. 

SENATE BILLS REFERRED. 

The SPEAKER. The Chair will state that a large number of 
Senate bills were received yesterday, the titles of which have 
been printed in the Record. If there be no objection, they will 
be appropriately referred by the Chair without reading each title 
or laying them before the House. Is there objection':' 

Thei'e was no objection. 

The bills were referred as follows: 

A bill (S. 12) to authorize the Secretary of the Interior to settle 
the claims of the legal representatives of S. W. Marston. late 
United States Indian agent at Union Agency, Indian Teri-itory, 
for services and expenses — to the Committee on Claims. 

A bill (S. 17) for the relief of John F. W. Dette— to the Com- 
mittee on Claims. 

A bill (S. 46) for the relief of William B. Stokes, M. M. Brien, 
sr., Thomas Waters, and William T.Haskins — to the Committee 
on Claims. 

A bill (S. 78) making an airpropriation for the improvement of 
the road to the national cemetery near Pensacola, Fla. — to the 
Committee on Military Affairs. 

A bill (S. Ill) for the relief of Orin R. McDaniel— to the Com- 
mittee on Military Affairs. 

A bill (S. 209) to jilace Henry Zell on the retired list of the 
Army — to the Committee on Military Affairs. 

A lain (S. 216) granting to the State of Washington certain 
lands therein situated for the purpose of a fish hatchery — to the 
Committee on the Public Lands. 

A bill (S. 24(j) for the relief of Thomas A. McLaughlin— to the 
Committee on Military Aft'airs. 

A bill (S. 247) for the relief of Henry E. Rhoades— tothe Com- 
mittee on Naval Affairs. 



A bill (S. 268) for the relief of C. M. Shaffer— to the Committee 
on War Claims. 

A bill (S. 273) for the relief of the trustee ox St. Joseph's Cath- 
olic Church at Martinsburg, W. Va. — to the Committee on War 
Claims. 

A bill (S. 276) for the relief of the trustees of the Methodist 
Episcopal Church of Martinsburg, W. Va. — tothe Committee on 
War Claims. 

A bill (S. 284) for the relief of William F. Wilson— to the Com- 
mittee on War Claims. 

.SfcA bill (S. 298) for the relief of Eunice Tripler, widow of Charles 
^TTripler— to the Committee on Claims. 

A bill (S. 318) for the relief of Joseph Johnson — to the Com- 
mittee on Military Affairs. 

A bill (S. 333) for the relief of Henry Unterleiter, alias Cook 
or Koch — to the Committee on Military Affairs. 

A bill (S. 337 ) to remove the charge of desertion standing against 
the name of Joseph G. Utter — to the Committee on Military Af- 
fairs. 

A bill (S. 352) for the relief of George F. Roberts, administra- 
tor of the estate of William B. Thayer, deceased, surviving part- 
ner of Thayer Brothers, and others — tothe Committee on Claims. 

A bill (S. 478) for the relief of Mrs. S. B. Duvall, widow of the 
late Rev. W. P. Duvall, deceased — to the Committee on Claims. 

A bill (S. 540) to continue in force all existing laws prohibiting 
and regulating tlie coming into this country of Chinese persons 
and persons of Chinese descent for a period of ten years, and for 
other purposes — to the Committee on Immigration and Naturali- 
zation. 

A bill (S. 547) for the relief of Lieut. Col. Charles G. Savvtelle, 
deputy quartermaster-general. United States Army — to the Com- 
mittee on Claims. 

A bill (S. 592). to provide for the erection of a public building 
in the city of Bismarck, N. Dak. — to the Committee on Public 
Buildings and Grounds. 

A bill (S. 602) for the erection of a public building for the use 
of the custom-house and post-office at Newport News, in the dis- 
trict of Newport News, Va. — to the Committee on Public Build- 
ings and Grounds. 

A bill (S. 657) for the relief of the estate of A. H. Herr, do- 
ceased, late of the District of Columbia — to the Committee on 
War Claims. 

A bill (S. 726) for the relief of P. B. Sinnott, late Indian agent 
at CJrand Ronde Agency, State of Oregon — to the Committee on 
(,'laims. 

A bill (S. 730) for the relief of H. W. Shipley— to the Commit- 
tee on Claims. 

A bill (S. 734) for the relief of John MoBean, of Umatilla County, 
Oregon — to the Committee on Private Land Claims. 

A bill (S. 743) to establish a marine board for the advancement 
of the interests of the merchant marine — to the Committee on 
Merchant Marine and Fisheries. 

A bill (S. 744) to amend "An act to amend section 4400 of Title 
LII of the Revised Statutes of the United States, concerning the 
regulation of steam vessels,'' approved August 7, 1882 — to the 
Committee on Foreign Commerce. 

A bill (S. 776) for the relief of the heirs of Charles B. Smith, 
deceased — to the Committee on Claims. 

A bill (S. 780) for the relief of Robert H. Montgomerj- — to the 
Committee on War Claims. 

A bill (S. 781) for the relief of John Little and Hobart Williams, 
of Omaha, Nebr. — to the Committee on Claims. 

A bill (S. 859) for the relief of Capt. James Regan, United 
States Armv — to the Committee on Military Affairs. 

A bUl (S.'860) for the relief of Wells C. McCool— to the Com- 
mittee on War Claims. 

A bill (S. 1061) for the relief of the legal representatives of 
Lewis W. Washington, deceased — to the Committee on War 
Claims. 

A bill (S. 1062) to refund to the State of West Virginia the 
money paid to officers of the One hundred and thirty-third Regi- 
ment West Virginia I^Iilitia, for services rendered during the 
rebellion — to the Committee on War Claims. 

A bill (S. 1079) for the relief of Assistant Engineer Howard D. 
Potts, United States Navy — to the Committee on Naval Affairs. 

A bill (S. 1094) granting the right of way to the Duluth and 
Manitoba Railroad Company across the Fort Pembina Reserva- 
tion in Noi'th Dakota — to the Committee on Military Aft'airs. 

A bill (S. 11-31) providing for the erection of a public building 
at the city of Taooma, in the State of Washington — to the Com- 
mittee on Public Buildings and Grounds. 

A bill (S. 1189) for the establishment of a beacon light on the 
Government breakwater recently constructed at Bridg-eport, 
Conn. — to the Committee on Interstate and Foreign Commerce. 

A bill jS. 1196) to facilitate the settlement of claims for arrears 
of pay and bounty— to the Committee on War Claims. 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



1449 



A bill (S. 1222) to protect the wages of seamen — to the Comln it- 
tee on Merchant Marino and Fisheries. 

A bill (S. 1241) to amend an act entitled "An act relative to the 
Minneapolis Industrial Exposition, to be held annually in the 
city of Minneapolis, State of Minnesota," approved March 3, 
1887 — to the Committee on War Claims. 

A bill {S. 1280) to amend an act entitled "An act to amend sec- 
tion 4178, Revised Statutes, in I'elation to the marking- of vessels' 
names at bow and stern, and also to provide for marking the 
draft," approved February 21, 1891 — to the Committee on Mer- 
chant Marine and Fisheries. 

A bill (S. 1351) to provide for the purchase of a site and erec- 
tion of buildings for the Girls' Reform School of the District of 



Columbia— to the Committee on Public Buildings and Grounds." Li ljjui Ij imULdered to be prmted and referred to the House Cal- 



A bill (S. 1498) for the establishment of additional aids to nav- 
igation in Tampa Bay, Florida — to the Committee on Interstate 
and Foreign Commerce. 

A bill (S. 1631) to establish a life-saving station at Gay Head, 
on the coast of Massachusetts — to the Committee on Interstate 
and Foreign Commerce. 

A bill (S. 1632) for the establishment of a light and fog-signal 
station near Butler Flats, New Bedford, Mass. — to the Commit- 
tee on Interstate and Foreign Commerce. 

A bill (S. 1775) to fix the compensation of keepers and crews of 
life-saving stations — to the Committee on Interstate and Foreign 
Commerce. 

A bill (S. 2315) to protect foreign exhibitors at the World's 
Columbian Exposition from prosecution for exhibiting wares 
protected by American patents and trade-marks — to the Com- 
mittee on Patents. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted to Mr. 
Snow, for one week, on account of a death in his family. 
PRINTING FOR COMMITTEE ON NAVAL AFFAIRS. 

l^Ir. HERBERT. Mr. Speaker, I am instructed by the Com- 
mittee on Naval Affairs to ask unanimous consent for the imme- 
diate consideration of the i-esolution which I send to the Clerk's 
desk to be read. 

The Clei'k read as follows: 

Rtsolved, That the Committee on Naval Affairs he, and is hereby, authorized 
to have printed and boimd such documents and papers for the use of such 
committee as may be deemed necessary in connection with subjects consid- 
ered or to be considered by the committee during the Fifty-second Congress. 

The SPEAKER. Is there objection to the present consider- 
ation of the resokition? 
There was no objection. 
The resolution was agreed to. 

I DISEASES OF THE HORSE. 

Mr. PICKLER. Mr. Speaker,! desire to offer a resolution and 
ask for its immediate consideration. 

The resolution was read at length. It provides for the print- 
ing of 300,000 additional copies of the work entitled "Special 
Report on the Diseases of the Horse." 

The SPEAKER. Is there objection to the present considera- 
tion of the resolution':' 

Mr. RICHARDSON. I object. 

Mr. PICKLER. I move that it be referred to the Committee 
on Printing, with instructions to report within five days upon 
this resolution. 

The SPEAKER. That motion would not be in order, because, 
unless the House gives unanimous consent for the consideration 
of the resolution, it must come in through the channel pre- 
scribed by the rules. 

:Mr. PICKLER. I move to refer to the committee with in- 
structions. 

The SPEAKER. That motion is not in order, because the 
resolution is not before the House. It was read merely for infor- 
mation, in order tliat the request for unanimous consent for 
present consideration might be made. If the House had given 
that consent, then a motion to postpone, or to recommit with in- 
structions, would have been in order. 

Mr. PICKLER. Will it be referred to the Committee on 
Printing? 

The SPEAKER. Yes, to the Committee on Printing. 

PENSION INVESTIGATION. 

Mr. WHEELER of Michigan. Mr. Speaker, the special com- 
mittee to investigate the Pension Bureau desire leave to sit dur-. 
ing the sessions of the House. 

The SPEAKER. The gentleman from Michigan [Mr. Wheel- 
er], chairman of the special committee to investigate the Pension 
Bui-eau, asks leave for the committee to sit during the sessions 
of the House. Is there objection? 

There was no objection. 

The committees were then called for reports. 



NORTHERN JUDICIAL DISTRICT OF GEORGIA. 

Mr. RAY, from the Committee on the Judiciary, reported, as a 
substitute for the bill H. R. 2787, the bill (H. R. 6491) to amend 
an act entitled "An act to create a new division in the northern 
judicial district of Georgia;" which was read a first and second 
time, and, with the accompanying report, ordei'cd to be printed 
and referred to the House Calendar. 

: SECTION 823, RE\^SED STATUTES. 

Mr. RAY also, from the Committee on the Judiciary, reported, 
as a substitute for the bill H. R. 53G9, the bill (H.'R. 6492) to 
amend section 828 of the Revised Statutes of the United States; 
which read a first and second time, and, with the accompanying 



endar. 

By vmanimous consent, the original bills were ordered to lie 
on the table. 

DEPOSITIONS IN CRIMINAL CASES. 

Mr. POWERS, from the Committee on the Judiciary, ro])orted, 
as a substitute for the bill H. R. ;iSTl, the bill (H. U. 6493) pro- 
viding for the taking of depositions in criminal cases; which was 
read a first and second tiin«,% and, witli the accompanying report, 
ordered to be printed and referred lo the House Calendar. 
ENGINEER CORPS OF THE NAVY. 

Mr. HERBERT, from the Committee on Naval Affairs (for 
Mr. McAleer), reported back with a favorable recommendation 
the bill (H. R. 378) terminating the reduction in the numbers of 
tlio Engineer Corps of the Navy; whicli was referred to the House 
Calendar, and, with the accompanying report, ordered to be 
printed. 

FUNDING ACT OF ARIZONA. 

Mr. SMITH of Illinois, from the Committee on the Territories, 
i-eported back with amendments the bill (H.R. 5499)to amend an 
actentitled "Anactapproving, with amendments, the funding act 
of Arizona," approved June 25, ISSIO; which was referred to the 
House Calendar, and, with the accompanying report, ordered to 
be printed. 

UNITED STATES CIRCUIT AND DISTRICT COURT AT LITTLE- 
TON, N. H. 
Mr. STOCKDALE, from the Committee on the Judiciary, re- 
ported back with a favorable recommendation the bill (S. 821) to 
provide for a term of the circuit and district court at Littleton, 
N. H.; which was referred to the House Calendar, and, with the 
accompanying report, ordered to be printed. 

SUBPORT OF ENTRY AND DELIVERY AT WEST POINT, VA. 

Mr. WISE, from the Committee on Interstate and Foreign 
Commerce, reported back with an amendment the bill (II. R. 
4004) to establish West Point, Va., a subport of entry and deliv- 
ery in the collection district of Richmond, Va.; which was re- 
ferred to the House Calendar, and, with the accompanying re- 
port, ordered to be printed. 

The SPEAKER. This concludes the call of committees for 
reports. 

MESSAGE FROM THE PRESIDENT. 

A message, in writing, from the President of tlio United States, 
wa-s communicated to the House by Mr. Pruden, one of his sec- 
retaries. 

CONTESTED ELECTION CASE— CRAIG VS. STEWART. 

Mr. BROWN. Mr. Speaker, I desire, on behalf of the Com- 
mittee on Elections, to call up the contested-election case of 
Craig vs. Stewart. 

The SPEAKER. The Clerk will report the resolutions of the 
majority. 

The Clerk read as follows: 

Jifsolved, That Andrew Stewart was not elected as a Representative to the 
Fifty-second Congress from the Twenty-fourth district of Pennsylvania, and 
is not entitled to the seat. 

Unsolved, That Alexander K. Craig was duly elected jis a Representative 
from the Twenty-fourth district of Pennsylvania to the Fifty-second Con- 
gress, and is entitled to his seat as such. 

Mr. JOHNSON of Indiana. Before the gentleman from Indi- 
ana proceeds to make his speech I think it would be proper that 
some arrangement be made as to the distribution of time. 

Mr. BROWN. Mr. Speaker, the Committee on Elections havo 
directed me to request that there be four hours on each side for 
debate, and that at the close of the debate the previous question 
shall be considered as ordered and the vote taken. 

Mr. JOHNSON of Indiana. I want to say, Mr. Speaker, that 
so far as the minority is concerned it is likely that that is more 
than sufficient time, and more than might be used by this side. 

The SPEAKER. The gentleman from Indiana asks unani- 
mous consent that there be allowed four hours debate on each 
side, and that at the close of the debate the previous question 
shall be considered as ordered and the vote taken. Is there ob- 
jection? • 



1450 



CONGRESSIONAL RECORD— HOUSE. 



Febeuaey 25, 



Mr. MILLER. I object. 

Mr. O'PERRALL. What is the objection? . 

The SPEAKER. Objection ia made by the gentleman from 
Wisconsin. 

Mr. MILLER. We do not need so much time. 

Mr! O'FERRALL. I suppose that after such time is consumed 
in\he discussion of the case as is desired the previous question 
can be demanded. 

The SPEAIvER. It is entirely within the power of the House 
to regulate the time before demanding the previous question. 
Unanimous consent is asked that at the expiration of eight hours 
the previous question be considered as ordered. Of course the 
committee have it in their power and control, with the approval 
of the House, to terminate debate by demanding the previous 
Question. 

" Mr. COBB of Alabama. Does this end the matter for the time 
or not? I do not understand. 

The SPEAKER. Objection was made to the request for unan- 
imous consent; therefore the Chair recognizes the gentleman 
from Indiana to proceed with his argument. 

Mr. COBB of Alabama. Without limit? 

The SPEAKER. Only under the rule. Debate will be lim- 
ited when the House so desires by ordering the previous ques- 
tion. 

Mr. n AUGEN. I would like to have the attention of the gen- 
tleman from Indiana. There are a number of members on this 
Bide who want to understand definitely about the time the gen- 
tleman will move the previous question. If no arrangement is 
made they will not know. 

Mr. BROWN. I can not make any promise about that. I may 
do so as soon as I get through. 

Mr. HAUGEN. I want to ask the gentleman if he will promise 
not to move it before 1 o'clock to-morrow. 

I\Ir. BROWN. I hope the gentleman from Wisconsin will 
withdraw his objection, because it is desired by all hands, and 
we may not take up that much time. ; 

Mr. MILLER. Mr. Speaker, I would like to make an inquiry. 
Is the power to move the previous question limited? Is only the 
gentleman from Indiana entitled to move the previous question, 
or can it bo moved by any member? 

The SPEAKER. Any gentleman having the floor in his own 
right can demand the previous question. 

Mr. HAUGEN. Do I understand the gentleman from Indiana 
to say that he will not move the previous question before 1 o'clock 
to-morrow? 

Mr. BROWN. I can not make any promise. 

Mr. HAUGEN. I hope the gentleman from Indiana will be 
able to make that i^romise. 

Mr. MILLER. Mr. Speaker, after consulting with gentlemen 
around me, it has been proposed that the gentleman from Indiana 
call it three hours on a side. I would not object to that. 

Mr. BROWN. There can be no agreement reached as to the 
time. ' 

The SPEAKER. The gentleman from Indiana 

Mr. JOHNSON of Indiana. Mr. Speaker, it is impossible to 
hear what the gentleman from Indiana said. 

Mr. BROWN. I said that no agreement could be reached. 

Mr. DALZELL. Why can not the gentleman from Indiana 
agree to make it three hours? 

Mr. HAUGEN. There is no objection made on this side about 
the time. We will agree to any time the gentleman from Indiana 
suggests. 

Sir. BROWN. I can only sugg-est what the committee agreed 
to, that was four hours on a side. 

Mr. HAUGEN. Well, then, it is safe to say that the previous 
question will not be moved to-day. 

Mr. BROWN. I can not make any agreement. The only one 
I am authorized to make, as a member of the Committee on Elec- 
tions, is the one I have suggested. I am not authorized to make 
any other agreement. 

Mr. HAUGEN. Then I will ask unanimous consent that the 
previous question shall not be called to-day. 

Mr. BROWN. I decline to yield the floor. 

The SPEAKER. The gentleman from Indiana will proceed; 
his time is going on. 

Mr. JOHNSON of Indiana. If the gentleman will yield to me 
for a minute 

Mr. BROWN. The trouble is on your side and not on ours. 

Mr. HAUGEN. It is not on our side; it is on your side. The 
gentleman from Indiana labors under a misapprehension if he 
thinks the objection is raised on this side. It comes from the 
gentleman's own side. 

Mr. BUCHANAN of New Jersey. The objection comes from 
this side of the aisle, not this side of the House. 

Mr. HAUGEN. It may be the objection is made on this side 
of the center aisle, but it is not made on this side of the House. 



The SPEAKER. The Chair will state that the object sought 
may be accomplished by simply announcing that, by direction of 
the Committee on Elections, at tlie expiration of eight hours the 
gentleman will demand the previous question, if that is the wish 
of tlie committee. 

Mr. BROWN. I can make no agreement except that which I 
am authorized to make. That I have offered to make, and it ha-s 
teen objected to. 

Sevei-al Mejibers. Try it over again. 

ilr. BROWN. I repeat that I am directed by the Committee 
on Elections to ask unanimous consent of the House that four 
hours on each side be allowed for debate, and that at the expira- 
tion of that time the previous question be considered as ordered 
and the vote be taken. 

Mr. JOHNSON of Indiana. Mr. Speaker, I wish to state that 
so far as the minority are concerned they do not insist upon any- 
thing except that it be definitely undei'stood before the debate 
commences how long a time is to be consumed and how it is to be 
apportioned; and I trust that my colleague from Indiana [Mr. 
Brown] will not begin his remarks until that question has been 
determined. 

The SPEAKER. The Chair will again submit the request. 
The gentleman from Indiana [Mr. Brov/n], on behalf of the Com- 
mittee on Elections, asks consent that the debate on the pending 
case be continued for eight hours, at the expiration of which time 
the previous question shall be considered as ordered. Is there 
objection? 

Mr. MILLER. I object. 

The SPEAKER. Objection is made. The gentleman from 
Indiana [Mr. Brown] will proceed. 

Mr. BROWN. iVtr. Speaker, this is a contest from the Twenty- 
fourth Congressional district of the State of Pennsylvania— — 

Mr. JOHNSON of Indiana. Mr. Speaker, there seems to be 
still some misunderstanding as to the time for debate. Will the 
gentleman [Mr. Bro\vn] please announce the agreement? 
, The SPEAKER. Does the gentleman from Indiana [Mr. 
Brown] yield? 

Mr. BROWN. I can not. I have twice tried to reach an agree- 
ment as to time. 

Mr. JOHN.SON of Indiana. Then, Mr. Speaker, I understand 
that the debate ))roceeds without an agreement as to the time? 

The SPEAKER. It does. 

Mr. BROWN. IMr. Speaker, this contest is from the Twenty- 
fourth Congressional district of the State of Pennsylvania. The 
district is composed of the counties of Faj'ette, Greene, Washing- 
ton, and ]5art of the county of Allegheny. The election was held 
on the 4th day of November, 1890, and the record shows that, on 
the face of the election returns, contestee, Andrew Stewart, ap- 
peared to have been elected over the contestant, Alexander K. 
Craig, by a plurality of 123 votes. The total vote of the district 
was -14,288 votes. 

The grounds on which the contestant bases his contest, as stated 
in his notice of contest, are, chiefly, that the election officers in 
a large number of the polling places of the district received the 
votes and accepted and counted the ballots of a largo number of 
persons whose names did not appear on tlio registry list of voters, 
and who did not make, or have made, the affidavits required by 
the tenth section of the act of January 30, 1874, of the laws of 
Pennsylvania applicable in such cases. That the election officers 
of such polling places received the ballots, and counted them for 
contestee, of a largo number of persons who were not legally en- 
titled to vote at the election, because they had not severally paid 
a State or county tax within two yeai'S preceding such election, 
which they severally were required to pay by the laws of the 
State of Pennsylvania to entitle them to vote at said election. 
That the election officers of such polling places received and 
counted the votes for contestee of a largo number of jxsrsons who 
were not legally entitled to vote at said election, because they 
were not citizens of the United States. 

On the 10th day of January, 1S91, the contestee filed his answer 
to contestant's notice of contest, in which he specifically denied 
all the statements contained in contestant's notice of contest, and, 
in addition averred that a large number of votes were received, 
accepted, and counted for contestant which were illegal for sub^ 
stantially the same reasons given in contestant's notice of con- 
test. 

On the 26th day of January, 1891, the contestee filed an addi- 
tional answer to contestant's notice of contest, in which he averred 
that a large additional number of votes were received, accepted, 
and counted for contestant which were illegal for the reasons 
already given; and further, that many of the election officers of 
some of the foregoing precincts and polling places were not quali- 
fied to hold the election, because the oath of each of such elec- 
tion officers was not attested by the officer who administered the 
oath, if any oath was administered. 

The first question in the case I deem worthy of consideration 



1892. 



COXGEESSIONAL EECOED— SENATE. 



14T1 



the Secretary of War to issue him an honorable discharge; which 
was referred to the Committee on Military Affairs. 

He also presented a memorial of the Buffalo (N. Y.) Merchants' 
Exchange, remonstrating against the passage of the bill to pro- 
hibit dealing in future contracts, etc.; which was referred to the 
Committee on the Judiciary. 

Ho also presented the petition of William P. Clj'de & Co., of 
New York; the petition of the Quintard Iron Works of New- 
york; the petition of Samuel E. Ward & Co. and other citizens 
of New York, praying for the passage of the bill to transfer the 
Be Venn© Marine to the Navy; which were referred to the Com- 
mittee on Naval Affairs. 

He also presented the petition of D. Harrington and other cit- 
izens of New Berlin, N. Y.; the petition of S. K. Jones and other 
citizens of Cortland, N. Y., and the petition of D. C. Mori-ell and 
other citizens of New York City, praying for an adoption of an 
amendment to the Constitution prohibiting any State from pass- 
ing any law respecting an establishment of religion, etc.; which 
were referred to the Committee on Education and Labor. 

He also presented the petition of W. E. Brown and other citi- 
zens of East Windsor, N. Y.; the petition of G. W. Calkins and 
other citizens of West Sand Lake, N. Y.; the petition of John E. 
Fort and other citizens of Saratoga County, N. Y.; the petition 
of William B. Lewis and other citizens of Madison County, N. Y., 
and the petition of E. B. Sanders and other citizens of Montgom- 
ery County, N. Y., praying for the passage of legislation provid- 
ing for the free delivery of mails in country districts; which were 
referred to the Committee on Post-Offices and Post-Roads. 

He also presented the petition of E. H. Mead, president of the 
Pennsylvania Coal Company, and 100 other citizens of New York, 
praying that the Secretary of War be authorized to contract with 
Charles Stoughton for the completion of the Harlem River im- 
provement and for the construction of the Harlem Kills Canal; 
which was referred to the Committee on Commerce. 

Mr. HAWLEY presented the petition of Charles W. Hodges 
and other citizens of Fairfield County, Conn., praying for the 
tree and more frequent delivery of mails in counti'y districts, and 
for the classification of mail matter into two parts, viz, written 
and printed; which was referred to the Committee on Post-Offices 
and Post-Roads. 

He also presented the petition of H. P. Stearns and 37 other 
citizens of Hartford, Conn., pi-aying for the adoption of an amend- 
ment to the Constitution forbidding the establishment of religion 
by any State; which was referred to the Committee on Education 
and Labor. 

Mr. CULLOM presented a memorial of the Elgin (111.) Board 
of Trade, remonstrating against the passage of the free-coinage 
bill; which was ordered to lie on the table. 

Mr. GEORGE presented a petition of T. W. Moore and 20 other 
citizens of luka, Tishomingo County, Miss., praying for the pas- 
sage of what are commonly known as the Washburn- Hatch anti- 
option bills; which was referred to the Committee on the Judi- 
ciary. ' 

Mr. TELLER presented a petition of the Chickasaw Indians, 
relative to the President's message of February 17, 1892, praying 
for the jiassage of certain legislation for their protection and re- 
lief: which was referred to the Committee on Indian Affairs, and 
ordered to be printed. 

PRESIDENTIAL, APPROVALS. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of his secretaries, announced that the President 
had this day approved and signed the following act and joint resr 
olution: 

An act (S. 1183) to extend the privileges of the transportation 
of dutiable merchandise without appraisement to the port of San- 
dusky, Ohio; and 

A joint resolution (S. R. 45) to regulate licenses to proprietors 
of theaters in the city of Washington, D. C, and for other pur- 
poses. 

REPORTS OF COMlnTTEES. 

Mr. MORRILL, from the Committee on Public Buildings and 
Grounds, to vrhom were referred the following bills and joint 
resolutions, reported them severally without amendment: 

A bill (S. 1758) to provide for the erection of an additional fire- 
proof building for the National Museum; 

A bill (S. 828) authorizing the purchase of a site for a building 
for the accommodation of the Supreme Court of the United States; 
and 

A Joint resolution (S. R. 15) for the erection and location of a 
bronze statue of Christopher Columbus, and the removal of the 
Naval Monument to a new site. 

Mr. McMillan, from the Committee on the District of ^^ 
lumbia, to whom was referred the bUl (S. 1866) to incorporate 
the Georgetown, Arlington and Falls Church Railway Company 



of the District of Columbia, submitted an adverse report thereon, 
which was agreed to; and the bill was postponed indefinitely. 

Mr. HIGGINS, from the Committee on the District of Colum- 
bia, to whom wai referred the bill (S. 171.j) to amend "An act to 
authorize the Commissioners of the District of Columbia tomalj^_ 
jjolice regulations for the government of said District,'' approved 
January 26, 1887, submitted an adverse report thereon, which 
was agreed to; and the bUl was postponed indefinitely. 

Mr. DOLPH, from the Committee on Foreign Relations, to 
whom was referred the bill (S. 2109) to prohibit the coming of 
Chinese persons into the United States, whether subjects oflhe 
Chinese Empii-e or otherwise, and to provide for registration 
and certificates of residence, and determine the status of &11 Chi- 
nese persons now resident in the United States, and fixing jjenal- 
ties and punishments for violation of this act, and providing for 
deportation of criminals, reported adversely thereon; and the bill 
was post]joned indefinitely. 

Mr. HANSBROUGH, from the Committee on the District of 
Columbia, to whom was referred the bill (S. 1651) to amend an 
act approved February 28, 1891, entitled "An act to prohibit the 
granting of liquor licenses witliin 1 mile of the Soldiers' Home," 
reported adversely thereon; and the bill was postponed indefi- 
nitely. 

Mr. HAWLEY, from tho Committee on Military Affairs, to 
whom was referred the bill (S. 1721) to increase the pay of cer- 
tain noncommissioned officers of tho Army, reported it with an 
amendment, and submitted a report thereon. 

Ho also, from the same committee, to whom was referred the 
joint resolution (S. R. 13) to authorize tho Secretary of War to 
issue ordnance and ordnance stores to Howard University, sub- 
mitted an adverse report thereon, which was agreed to; and the 
joint resolution was postponed indefinitely. 

Mr. CAREY. I am directed by tho Committee on public 
Buildings and Grounds, to whom was recommitted the bill (S. 
393) to provide for the purchase of a site and tho erection of a 
public building thereon at Boise City, in the State of Idaho, to 
report it with amendments and submit a report thereon. Under 
the order of tho Senate the l)ill is to be restored to its former 
place on the Calendar. 

The PRESIDING OFFICER. The bill will bo placed on the 
Calendar as ordered. 

Mr. MORRILL, from the Committee on Public Buildings and 
Grounds, to whom was referred the bill (S. 699) for the erection 
of a public building at Brockton, Mass., reported it without 
amendment, and submitted a report thereon. 

Mr. VEST, from the Committee on Public Buildings and 
Grounds, to whom was referred the bill (S. 1574) to provide for 
tho purchase of a site and the erection of a public build ing thereon 
at Grand Island, in the State of Nebraska, reported it without 
amendment. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TovvLES, its Chief Clerk, announced that the House 'had passed 
a concurrent resolution providing for the printing of 12,500 copies 
of the eulogies delivered in Congress upon Hon. W. H. F. Lee, 
late a Representative from the Stat-e of Virginia. 

BILLS INTRODUCED. ^ 

Mr. DAWES introduced a bill (S. 2352) to punish intruders iu 
either of the five civilized tribes; which was read twice by its 
title, and referred to the Committee on Indian Affairs. 

Mr. MITCHELL introduced a bill (S. 2.353) for the relief of 
Narsario Gonzales; which was read twice by its title, and referred 
to the Select Committee on Indian Depredations. 

Mr. SHERMAN introduced a bill (S. 2354) to restore the pen- 
sion of George Lucius Fclch; which was read twice by its title, 
and referred to the Committee on Pensions. 
g_AIi:— ESjIJ^ipntroduced a tiill (S. 2355) to amend the laws relat- 
ing to shiiJping commissioners, seamen, and owners of vessels, 
and for other purposes; which was read twice by its title. 

Mr. FRYE. I ask that the bill be referred to the Committee 
on Commerce. I wish to say in relation to it that it is a bill 
which I have not read. It was sent to mo by the secretary of tho 
Sailors' Union of the Pacific, and in his letter sending it he says: 
This bill has been drafted hy a committee of seamen sailing before the 
mast on the Paclflc coast, men who ha%-e sailed in American vessels to all 
liorts of the world, thereby gaining the experience that nothiui:; else conld 
tiu-nlsh. We, by experience, know how the present maritime law affects the 
.sailors; hence these amendments, which are the result of careful research 
Into the marine laws of other nations, more especially the English, German, 
Danish, and Swedish. 

The bill will be referred to the committee, and then by the 
commi ttee^ ubmitted to the Commissioner of Navigation for his 
eference to it. 

The PRESIDING OFFICER. The bill will be referred to 
the Committee on Commerce. 



1472 



CONGRESSIONAL EECOED— SENATE. 



February 26, 



Ml-. CULLOM introduced a bill (S. 2356) granting an increase 
of pension to William Polk; which was read twice by its title, 
and referred to the Committee on Pensions. 

He also introduced a bill (S. 2.357) granting a pension to Mat- 
thias Reed; which was read twice by its title, and, with the ac- 
companying papei-s, referred to the Committee on Pensions. 

He also introduced a bill (S. 2.358) for the relief of legal repre- 
sentatives of John ■Wig'htman, deceased; which was i-ead twice 
by its title, and referred to the Committee on Military Affairs. 

He also introduced a bill (S. 2359) to place John M. Cunning- 
ham on tlie retired list; which was read twice by its title, and 
referred to Committee on Military Aifairs. 

Mr. ALLEN introduced a bill (S. 2360) to increase the pension 
of Benjamin Brink; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. PELTON introduced a bill (S. 2361) to provide for the sale 
of a portion of Lime Point Reservation, adjoining the town of 
Sausalito, in the county of Marin, Cal.; which was read twice by 
its title, and referred to the Committee on Military Affairs. 

Mr. PROCTOR introduced a bill (S. 2362) to restore to the pen- 
sion roll the name of Mary F. Prindle: which was read twice by 
its title, and referred to the Committ<?e on Pensions. 

Mr. PERKINS introduced a bill (S. 2363) granting a pension 
to Nancy Patterson; which was read twice by its title, and referred 
to the Committee on Pensions. 

He also introduced a bill (S. 2364) to provide for allotment of 
lands in severalty to the Seneca Indians, in the Indian Territory, 
and for other purposes; which was read twice by its title, and re- 
ferred to the Committee on Indian Affairs. 

He also introduced a bill (S. 2365) making appropriations for 
fulfilling treaty stipulations with the Senr ca Nation of Indians: 
which was read twice by its title, and referred to the Committee 
on Indian Affairs. 

Mr. HISCOCK introduced a bill (S. 2366) for the relief of Rob- 
ert Swan; which was read twice by its title, and referred to the 
Committee on Naval Affairs. 

Mr. WASHBURN introduced a bill (S. 2367) granting a pen- 
sion to Charles H. Webster; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Pensions. 

Mr. McI^IILLAN introduced a bill (S. 2368) to punish false 
„. firing before trial boards of the Metropolitan police foi-ce 
and fire department of the District of Columbia, and for other 
purposes; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on the District of 
Columbia. 

Mr. HAWLEY introduced a bill (S. 2369) granting a pension 
to Newton M. Allen, guardian of John M. Allen, insane; which 
was read twice by its title, and referred to the Committee on 
Pensions. 

He also introduced a bUl (S. 2370^correcting the military rec- 
ord of Ireneus Shortridge; which wis read twice by its title, and 
referred to the Committee on Military Affairs. 

Mr. PUGH introduced a bill (S, 2371) for the relief of the heirs 
of Dr. Nathan Fletcher; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Claims. 

Mr. RANSOM introduced a bill (S. 2372) to provide for the set- 
tlement of accounts with the Atlantic and North Carolina Rail- 
road; which was read twice by its title, and referred to the Com- 
mittee on Military Affairs. 
Mr. WARREN introduced a bill (S. 2373) to establish the bound- 

ries of the Yellowstone National Park, and for other purposes: 
lich was read twice by its title, and referred to the Committee 
on^^rritories. 

AlrSCOCKRELL introduced a bill (S. 2374) for the relief of 
Ernest^Wrich: which was read twice by its title, and i-eferred to 
^he Committee on Military Affairs. 
'i,Mr. McMillan introduced a joint resolution (S. R. 55) to 

"'courage the establishment and endowment of institutions of 

'rning at the national capital; which was read twice by its 

titlK and referred to the Committee on the District of Columbia. 

CONDITION OF DISTRICT BRIDGES. 

Mr.'^IcMILLAN submitted the following i-esolution; which 
was considered by unanimous consent, and agreed to: 

Eesolved, That the Commissioners of the District ot Columhia be instructed 
toreport to the Senate the condition of the various public bridges in the 
District ot Columbia as regards strength and safety under the loads they are 
required to bear; and also whether, In the judgment of the Commissioners, 
the regulation that horses shall not pass over said bridges faster than a walk 
is a necessary one in all cases, and especially in the case of the new bridge 
across the Eastern Branch of the Potomac. 

REGULATION OF STEAM VESSELS. 

The PRESIDING OFFICER. If there be no further morning 
business, the Calendar under Rule VIII is in order. 

Mr. FRYE. Mr. President, I de.sire to say a word or two in 
reference to a bill which is pending in Congress. It is the bill 




(S. 1755) to amend certain sections of Title LIT of the Revised 
Statutes of the United States and to carry into effect certain rec- 
ommendations of the United States delegates to the International 
Jilarine Conference, introduced by me and referred to the Com- 
mittee on Commerce, where it now is. Senators are InquiriiTg 
of me every day in reference to this bill, they having received 
criticisms from their constituents. I desire to make a statement 
in reference to that bill so that Senators can answer inquiries 
without difficulty. 

We had in this city a maritime congress a few years ago which 
made certain recommendations for amendment in shipping laws; 
and in addition to that, our own delegates made additional sug- 
gestions in the same direction. The Committee on Commerce 
considered the recommendations of that congress and of our 
delegates, and so far as thej- could understand and approve them 
reported them by bills favorably to the Senate. The bills have 
passed the Senate and the most of them have become laws. But 
of course there were many recommendations it was utterly im- 
l)ossible that Senators could understand anything about. They 
were technical largely — the inspection of boilers and engines, 
signals, laws of the road, and things of that kind. 

The Committee on Commerce directed me to offer a resolution 
in the Senate directing the Secretary of the Treasury to appoint 
a board of experts to take into consideration all of the recom- 
mendations of that congress not acted upon and i-eport by bill. 
A committee of experts was appointed. The committee had 
been some five or six months in consideration of those questions, 
and at the early part of this Congress made a report of a bill. 
That bill was presented by me without ever having i*ead a line 
of it. It was referred to the Committee on Commerce, and then 
by the Committee on Commerce the experts were requested to 
make a report to accompany the bill. That report was finally 
made, and then both bill and report were sent to every expert, 
every large owner and builder of ships, every board of trade, 
and every maritime association known to the committee or the 
clerks of the committee, with the request that they would ex- 
amine it with care and send to the committee such criticisms as 
they had to make on the bill. 

Those criticisms have been coming in now for the last four 
weeks, and when they seem to be completed then the committee 
will refer all of the criticisms to the same board of experts for 
their reply and report: and the country may rest assured that 
the Committee on Commerce will report to the Senate no bill 
changing and affecting the existing laws unless that committee 
is fully satisfied by evidence before it that such changes and 
amendments ought to be made. 

INTERNATIONAL BIMETALLIC CONFERENCE. 

The joint resolution (S. R. 24) to provide for an international 
bimetallic agreement was announced as first in order on the Cal- 
endar, and the Senate, as in Committee of the Whole, resumed 
its consideration. 

The PRESIDING OFFICER. The question pending is upon 
the amendment of the Senator from Nevada [Mr. Stewart] to 
the amendment reported by the Committee on Finance. Is the 
Senate readv for the question? 

Mr. GORMAN. Let it be read. 

Mr. SHERMAN. I should like to have it read. 

Mr. COCKRELL. I wish to call the attention of the Senator 
from Nevada [Mr. Stewart] to his amendment, so that he will 
know what action is being taken unon it. 

The PRESIDING OFFICER. The Secretary will report the 
pending amendment to the amendment of the committee. 

The Chief Clerk. In the amendment reported from the 
Committee on Finance, line 4, after the word " and," strike out 
the words "to maintain at all times a paritj- in the value of its 
coins of both metals,"" and insert: 

The established policy of the United Sates to maintain the two metals on 
a parity irtth each other upon the present legal ratio, or such ratio as may 
be provided by law. 

Mr. SHERMAN. In the absence of the chairman of the Com. 
mittee on Finance and the other members of that committee,! 
hope that the joint resolution will not be acted upon at the pres- 
ent time. I hope it will be put over for the present. How does 
it come up'? 

;Mr. FRYE. It is the regular order on the Calendar. 

Mr. COCKRELL. I think the joint resolution had better lie 
over. I do not think the Senate is ready for a discussion of it this 
morning, and it can not well be discussed under the five-minute 
rule anyway. 

Mr. SHERMAN. The chairman of the committee is nothere; 
the subject is a very important one. and I think it ought not to 
be taken up in this'hurried way. I think the joint resolution 
had better lie over. ' 

The PRESIDING OFFICER. Holding its place on the Calen- 
dar"? 

Mr. SHERMAN. Yes, sir: going over without prejudice. 

The PRESIDING OFFICER. If there be no objection that 



1892. 



CONGRESSIONAL EECOED— SENATE. 



1713 



tunnel, submitted a report thereon, which was ordered to be 
printed. 
He also, from the same committee, to whom was referred the 

joint resolution (S. R. 55) to encourage the establishment and 
endowment of institutions of learning at the national capitaj, 
reported it with amendments. "^~ 



BILLS INTRODUCED. 



Mr. GRAY introduced a bill (S. 2448) receding to the State of 
Delaware acertain old and abandoned pier, in the river Delaware, 
at Newcastle; which was read twice by its title, and referred to 
the Committee on Commerce. 

Mr. VOORHEES introduced a bill (S. 2449) to correct the 
muster of A. G. Robb as second lieutenant, Twenty-sixth Indiana 
Volunteers; which was read bj- its title, and, with the accom- 
panying papers, referred to the Committee on Military Affairs. 

Ho also introduced a bill (S. 2450) granting increa.se of pension 
to Henry Reiter; which was read twice by its title, and referred 
to the Committee on Pensions. 

Mr. PRYE introduced a bill (S. 2451) authorizing the Secre- 
tary of the Treasury to reconvey to Lucius N. Maltby and Louise 
W.' JIaltby, his wife, Margaret Elizabeth Lucas, and the Sea 
Girt Land Improvement Company, a piece of land selected as a 
site for the Squan Inlet light-station. New Jersej-, but found to 
be unsuitable for the purposes of said station; which was read 
twice by its title, and, with the accompanying papers, referred 
to the Committee on Commerce. 

He also introduced a bill (S. 2452) authorizing the Secretary of 
the Interior to place the name of Joshua Daggett upon the pen- 
sion roll of the United States; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Pensions. 

Mr. COKE introduced a bill (S. 2453) for the relief of William 
S. McKnight and James W. Richardson; which was read twice 
bv its title, and referred to the Committee on Claims. 

'Mr. SHERMAN (by request) introduced a bill (S. 24.54) for the 
application of the accretions of the Caracas awards of 1868 to the 
new awards made in 1889 and 1890; which was read twice by its 
title, and, with the accompanying papers, referred to the Com- 
mittee on Foreign Relations. 

He also introduced a bill (S. 2455) granting a pension to Ange- 
line Hyde; which was read twice by its title, and. with the ac- 
companying papers, referred to the Committee on Pensions. 

Mr. McMillan introduced a bill (S. 2456) to authorize the 
extension of Massachusetts avenue, and the construction of a 
bridge across Rock Creek on Massachusetts avenue extends^ 
which was read twice by its title, and, with the accompanying- 
papers, referred to the Committee on the District of Columbia. 

Ho also introduced a bill (S. 2457) to provide for the erection 
of a building for a flower market in the city of Washington, j^ 
the District of Columbia: which was read twice by its title, ana 
referred to the Committee on the District of Columbia. 

Mr. MANDERSON introduced a bill (S. 2458) for the relief 
of William W. Lowe; which was read twice by its title, and, with 
the accompanying papers, i-eferred to the Committee on Military 
Affairs. 

Mr. MANDERSON. I introduce a bill to amend a section of 
the Revised Statutes punishing corporations and individuals for 
making or using private scrip or metal tokens of denominations 
less than $1 in payment of labor or other debts. The object of 
the bill (and I desire to call attention to it for a moment) is to 
prevent the issue by corporations or individuals of what are 
known as trade tokens, trade certificates, by which those who 
labor are compelled to take pay for their labor in what is known 
as store pay. This measure is to reach that evil, and I ask its 
reference to the Committee on the Judiciary for their consider- 
ation of the subject. 

The bill (S. 2459) to amend section 3583 of the Revised Statutes 
of the United States and to prevent and to punish corporations, 
associations, and individuals for making or using private scrip or 
metal tokens of denominations less than $1 in payment for labor 
or other debts, was read twice by its title, and referred to the 
Committee on the Judiciary. 

Mr. GALLINGER introduced a bill (S. 2460) to i-epeal the li- 
cense tax of $25 per year now imposed upon produce dealers in 
the markets of the District of Columbia; which was read twice 
by its title, and referred to the Committee on the District of Co- 
lumbia. 

Mr. PERKINS intiioduced a bill (S. 2461) granting an honora- 
ble discharge to James Parrish; which was read twice by its 
title, and, with the accompanying papers, referred to the Com- 
mittee on Military Affairs. 

He also introduced a bill (S. 2462) granting relief to William 
Gregory; which was read twice by its title, and referred to the 
Committee on Military Affairs. 

He also introduced a bill (S. 2463) granting a pension to An- 



drew Smith; which was read twice by its title, and referred to 
the Committee on Pensions. 

Mr. WARREN introduced a bill (S. 2464) to grant to the Pan- 
American Transportation Company a right of way through the 
Indi£|^^ii-itory, and for other purposes: which was read twice 
T5yT^H8^ and referred to the Committee on Indian Affairs. 

Mr. FAULKNER introduced a bill (S. 2465) for the relief of D. 
D. T. Farnsworth, of Upshur County, West Virginia; which was 
read twice by its title, and referred'to the Committee on Claims. 

He also introduced a bill (S. 2466) for the relief of the county 
court of Berkeley County, West Virginia; which was read twice 
by its title, and referred to the Committee on Claims. 

Mr. CHILTON introduced a bill (S. 2467) to fix terms of hold- 
ing courts in the eastern district of Te.xas: which wa,^ read 
twice bv its title, and referred to the Committee on the Judiciary. 

Mr. STANFORD introduced a bill (S. 2468) directing the pur- 
chase of silver bullion and the coining thei-eof: which was read 
twice bv its title, and referred to the Committee on Finance. 

Mr. BUTLER introduced a bill (S. 2469) for the relief of the 
heirs of William Laval: which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

STATUE OF GEN. STARK. 

Mr. GALLINGER. On the 11th dayof February I introduced 
a bill (S. 2158) for the erection of an equestrian statue of Maj. 
Gen. Stark in the city of Manchester, N. H., and it was laid on 
the table. I ask that the bill be taken from the table, anil re- 
ferred to the Committee on the Libi-ary. 

The VICE-PRESIDENT. The bill Will be so referred. 

ELECTION OF SENATORS. 

Mr. WALTHALL submitted the following resolution: which 
was referred to the Committee on Privileges and Elections: 

Bfsoh'ed. That the Committee on Privileges .ind Elections be directed to 
inquire and consider whether further legislation is not necessai'y to pnt at 
rest such questions as have from time to lime arisen out of the constructiou 
of the existiugr law regulating: the time and manner of holding elections for 
United States Senators, and that said committee have leave to report by bill 



or otherwise. 



ESTATE OF HON. A. H. STEPHENS. 



Mr. GORDON submitted the following resolution; which was 
referred to the Committee to Audit and Control the Contingent 

Expenses of the Senate: 

HesolMd, That the Secretary be, and hereby is, authorized and directed to 

pay to the estate of the late Hon. Alexander H. Stephens 3 , the same 

being for expenses incuiTed by him while prosecuting his claim for a seat In 
the United States Senate, said payment t<j be made from the miscellaneous 
items^^^MPntingent fund of the Senate. 



SUPPLY OF CIRCULATION. 
Mr. DOLPH. I desire to give notice that on Friday next, one 
week fromtp-day. if it be the pleasure of the Senate to'hear me, I 
■strEcBlSBH?5lie bill (S. 1204) toprovide the Government with means 
sufficient to supply the national want of a sound circulating me- 
dium, introduced by the Senator from California [Mr. Stanford] 
and now on the table, for the purpose of submitting some re- 
marks. While I shall incidentally in the course of my remarks 
refer to the bill, they will be mainly directed to a consideration 
of the present condition of the agricultural interests of this coun- 
try as compared with those of other countries and with their 
condition at previous periods, to the measiu-es which Congress 
has taken to encourage agriculture, and what it is practicable to 
do to promote our agricultural interests by Congressional legis- 
lation. 

-ADJOURNMENT TO MONDAY. 

On motion of Mr. JONES of Arkansas, it was 

Ordtred. That when the Senate adjourn today it a<ljourn to meet on Mon- 
day next. 

DISTRICT APPROPRIATION BILL. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House "had passed 
a bill (H. R. 6746) making appropriations to provide for the ex- 
penses of the government of the District of Columbia for the fis- 
cal year ending June 30, 1893, and for other purposes; in which 
it requested the concurrence of the Senate. 

On motion by ]Mr. ALLISON, the bill was read twice by its 
title and referred to the Committee on Appropriations. 

FOOD -\ND DRUG .\DULTER-\TION. 

The VICE-PRESIDENT- If there be no further morning 
business, that order is closed, and the Calendar under Rule VIII 
is in order. 

Mr. PADDOCK. Pursuant to an understanding yesterday 
evening before the Senate adjourned, I ask that the regular or- 
der, Senate bill No. 1, be now laid before the Senate. 

The VICE-PRESIDENT. The Chair lays before the Senate 
the regular order. 

The Senate, as in Committee of the Whole, resumed the con- 



XXIII- 



-108 



1714 



CONGRESSIONAL EECORD— SENATE. 



March 4, 



eidei-ation of the bill (S. 1) for preventing the adulteration and 
misbranding' of food and drugs, and to. other purposes. 

Mr. PADDOCK. I understand that the Senator from Missouri 
[Mr. Vest] is entitled to the floor. 

Mr. VEST. Mr. President, when the Senate adjourned yes- 
terday evening I was endeavoring to give my understanding as 
to the scope and compass of the measure pending before the Sen- 
ate. I was unfortunate enough, as I see by the morning papers, 
to have made the impression that I was arguing in behalf of tlio 
jjill. I had not stated what my opinions were as to the general 
tendency of such legislation or as to this specific bill, but had 
contented myself so far with simply examining the scope and 
compass of the provisions of the bill if enacted as it now stands 
before the Senate. I was particularly addressing myself te the 
question of what is interstate commerce, or, as the Constitution 
expresses it, "commerce among the States." I took issue with 
my friend from Texas [Mr. COKE] when he stated that everything 
throughout the entire country is the subject of commerce among 
the States. It is true that everything in the United States may 
become the subject of commerce among the States. 

Mr. COKE. That is exactly what I stated, if the Senator will 
permit me. 

Mr. VEST. Then we were unfortunate in not understanding 
each other. As I understand the decisions of the Supreme Court 
and the plain language of the Constitution itself, everything 
throughout the country which is the subject of commerce in the 
States or out of the States may be thj subject of interstate com- 
merce, or commerce among the States, quoting the language 
of the Constitution. But that is very different from what has 
already become the subject of commerce among the State;;. The 
Supreme Court of the United States have decided that diseased 
meat, poisonous substances, deleterious to health or lite, can not 
be the subject of commerce among the States. It is impossible 
that they should b(5 the legitimate subject of commerce any- 
where, either among the States or with foreign nations. But 
that is a subject of commerce among the States which is in a 
healthy condition or a legitimate subject of commerce and has 
passed into the hands of a common carrier or is in process of 
transportation from one State or Territory to another. 

Therefore, if we adopt the amendment proposed now by the 
Senator in charge of the bill and interpolate the words "the sub- 
jects of interstate commerce," then the pending bDl would simply 
be narrowed and restricted to articles which have gone into the 
possession of a common carrier or are in process of transmission 
from one State to another. 

Mr. PADDOCK. Will the Senator permit me to ask him a 
question? 

Mr. VEST. Certainly. 

Mr. PADDOCK. I should like to ask the Senator if ho thinks 
the act would be narrowed down beyond what it is already nar- 
rowed down by the provisions of section 10, if the bill shall pass 
with the amendment to which he is addressing his remarks? 

Mr. VEST. Of course not, and I understand that section 10 
of the bill simply attempts in general terms to restrict the opera- 
tion of the bill to the subjects of interstate commerce. 

Mr. PADDOCK. That amendment was simply in the direc- 
tion of dcfinitencss to satisfy some of our friends who are hyper- 
critical in respect to matters of this kind. 

Mr. VEST. Waivingtheterm "hypercritical, "Mr. President, 
permit me to say that as I understand the Senator from Nebraska 
now, he does not propose that this measure shall affect any ex- 
cept articles which are the subject of commerce among the States. 

Mr. SHERMAN. Or which may become the subject. 

Mr. PADDOCK. As to that I shall state further when I come 
to make some remarks. I do go a good way beyond that. 

Mr. VEST. If it means anything further tlian that, it is un- 
constitutional, unless you find the power to pass an inspection 
law by Congress in the "general-welfare" clause of the Constitu- 
tion. I was peculiarly unfortunate if that is the construction in- 
tended by the Senator from Nebraska in being reported this 
morning as favoring any such bill. I do not b.dong to the school, 
to use the expression, to ths party which, from the beginning of 
this Govei-nment, has believed that under the general-welfare 
clause of the Constitution Congress could do anyxxiing. I have 
never believed for an instant that that was a separaie and inde- 
pendent grant of power in the Constitution. Without going into 
that much debated and discussed field, I simply content myself 
with saying now that if that is the meaning of the Senator from 
Nebraska, and he puts this power of national inspection upon the 
general-welfare clause of the Constitution, I can not go with him 
in any such construction. 

I assume that he gets this power under the interstate-commerce 
clause, for in his amendment he interpolates the words " sub- 
jects of commerce among the States;" and if that ba so, then the 
irresistible conclusion is that nothing except an article the sub- 
ject of interstate commerce can be touched for inspection. I said 



yesterday that if, under that construction, any United States in- 
spector coming from the Department of Agriculture should go into 
any retail or wholesale establishment in any State and demand 
the right to inspect any package, he would immediately be met 
with the unanswerable statement "by whit authority do you 
come inside of a State with a national power in order to make 
me exhibit my goods to you as an officer of tlie United States 
Government?" 

Every Senator will see how utterly impotent is this legislation 
if confined to the regulation of the subjects of interstate com- 
merce or commerce among the States. If it be — and I admit that 
it is greatly to be desired — necessary to establish inspection as 
to all articles of drink and food in the United States, in the in- 
terest of the public health, then the only sure and safe way in 
which to do it is to use the instrumentalities and exercise the 
power which I believe the Constitution of the United States in- 
tended to leave to the States in the shape of police regulations. 
In the case of Gibbons vs. Ogden, 9 Wheaton. which is the lead- 
ing case, and was decided by Chief Justice Marshall, that great 
jurist stated that all the powers as to quarantine, as to inspec- 
tion, as to the health and morals of the people, belonged to 
that large class of powers called the police powers, that are re- 
served by the States. 

There has been no question about which there has been such 
diversity of opinion among jurists and between the judges of the 
Supreme Court as in regard to the line between the police pow- 
ers of the States and the commercial power of the General Gov- 
ernment or of Congress. In the case of Leisy rs. Hardin, de- 
cided in 135 United States Reports, the Supreme Court divided, 
with five judges on one side and four on the other, and that di- 
vision arose as to what was the effect of the Congress of the 
United States declining to legislate as to intercommercial i-eg- 
ulations and whether that gave the States the power to make 
such regulations, and also as to the distribution between the 
powers conferred under tho commerce clause of the Constitution 
upon Congress and the jwlice powers reserved by the States. 

Mr. PADDOCK. I should like to ask the Senator a question, 
if he will yield. 

Mr. VEST. Certainly. 

Mr. PADDOCK. Does the Senator say that either of the pow- 
ers may not be used to supplement the other in order to carry 
out the special purpose or the particular purpose as it may be of 
either? 

Mr. VEST. Mr. President, that is another question. The 
Supreme Coui't has decided that the quarantine laws and the in- 
spection laws of a State, and the instrumentalUies used for that 
purpose by tho States, may be used by the General Government, 
but it is no concession of power to the State. That is simply a 
question of using certain means to effect an end. We are dis- 
cussing now the question of whether the General Government, 
under tho commerce clause of the Constitution, exercise the po- 
lice powers of the States. I do not propose to road all these de- 
cisions, but if any Senator is curious on the subject I refer him 
to the last decision made, which he will find in 140 United States 
Reports, and in which Chief Justice Fuller delivered the opinion 
of the court. I will not read from it except to give the syllabus. 
This is the case in re Rohrer, and in it Chief Justice Puller sum- 
marized this whole discussion in the following words, quoting 
from a decision of Justice Catron: 

And here Is tlie limit between the sovereign power of the State and the 
Federal power. That Is to say. that which does not belong to commerce Is 
within the .lurisdlctlon of the police power of the .State; and that which does 
belon^lo commerce is within the jiu-isfllction of the United States. And to 
this limit must all the c;eneral views come, as I suppose, that were suggested 
In the reasoning of this court In the cases of Gibbons vs. Ogden, B.-o«rn vs. 
The State of Maryland, and New York vs. Mlln. What, then, Is the assump- 
tion of the State court? Undoubtedly. In eHeot. that the State had thp power 
to declare what should be an article of lawftil commerce m the particular 
State; and, having declared that ardent spirits and wines were deleterious 
to morals and health, they ceases! to be commercial commodities there, and 
that then the police power attachec'. and consequently the powers of Con- 
gress could not interfere. The exclusive State power is made to rest, not on 
the factot the state or rondition of the article, uorthai it is property usually 
passing by sale from hand to hand, but, on tUe declaraiion f oi'jd ii- the State 
laws, and asserted as the State policy, thit it shall be excluded from com- 
merce. And by this means the sovereign jurisdiction In the State is at- 
tempted lo be created, in a case where It did not prevlcusiy exist. 

If this be the true construction of the constltution:il provision, then the 
p:Lramount power of Congress to regulate commerce is subject to a very ma- 
terial limitation; for It takes from Congress, and leaves with the States, the 
power to determine the commodities, or articles of property, which are the 
subjects of lawful commerce. Congress may regulate, but the States deter- 
mine what shall or shall not be regulated. Upon this theory, the power to 
regulate commerce, instead of belr?- paramount over the subject, would be- 
come subordinate to the State pjl;«:e power; Tor it is obvious that the power 
to determine the articles which may be the subjects of commerce, and thus to 
circumscribe Its scope and operation, is, m effect, the coutrolllug one. The 
police power would not only be a formidable rival, but. In a struggle, must 
necessarily triimipli over the commercial power, as the power lo regulate Is 
dependent upon the power to lix and determine upon the subjects to be regu- 
lated. 

I shall not quote any further fi*om this decision, and I quoted 
so much for the purpose of showing what the Supreme Com't has 



1892. 



CONGEESSIONAL RECORD— SENATE. 



1803 



Petitions praying for tlie passage of a bill making certain is- 
sues of money full legal tender in payment of all debts — re- 
ferred to the Committee on Finance. 

Mr. KYLE presented a petition of 200 citizens of Milbank, S. 
Dak., praying for the passage of a bill making certain issues of 
money full legal tender in payment of all debts; which was re- 
ferred to the Committee on Finance. 

He also ptesented a petition of citizens of Milbank, S. Dak., 
praying for the passage of a bill to prohibit gambling in agricul- 
tural products; which was referred to the Committee on the Ju- 
diciary. 

Mr. GORMAN presented the petition of Rev. E. P. Huntley 
and smidry other ministers of Maryland, praying for the passage 
of the proposed sixteenth amendment to the Constitution ]ii'o- 
viding that no State shall pass anj- law respecting an establish- 
ment of religion or prohibiting the free exercise thereof; which 
was referred to the Committee on the Judiciary. 

He also presented the following petitions of Flintstone, Bolts- 
ville, Locust Grove, Elkton, and Centennial Granges, Patrons of 
Husbandry, of Maryland: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk culture — referred to the Committee on Ag- 
riculture and Forestry. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petitions praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petitions prayii^g for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts — referred 
to the Committee on Finance. 

Mr. BATE presented the memorial of O. S. Mitchell and 
others, citizens of the United States, remonsti-ating against the 
passage of Senate bill 302, providing for the removal of the 
Southern Ute Indians from their present fertile reservation in 
Colorado to a proposed moimtainous, largely sterile, and inac- 
cessible reservation in Utah; which was referred to the Commit- 
tee on Indian Affairs. 

Mr. ALLISON presented a petition of the United Pi'esby terian 
Congregation of Crawfordsville, Iowa, containing 170 signatures; 
a petition of the Presbyterian church of Villisca, Iowa; a peti- 
tion of the Young People's Society of Atlantic, Iowa, and a pe- 
tition of the Young People's Society of Christian Endeavor of 
the First Presbyterian Church of Winterset, Iowa, praying for 
the closing of the World's Columbian Exposition on Sunday, that 
the sale of intoxicating liquors be prohibited thereat, and that 
the art department be conducted in accordance with the Ameri- 
can standard of purity in art; which were referred to the Commit- 
tee on the Quadro-Ccntennial (Select). 

He also presented the following petitions of the Live and Lot 
Live Grange, Patrons of Husbandry, of Iowa: 

Petition praying for the passage of a law to prevent the adul- 
teration of food and drugs — referred to the Committee on Agri- 
culture and Forestry. 

Petition praying for the passage of House bill 395, defining lard 
and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Offices and Post-Roads. 

Petition praying for the passage of a law to prevent gambling 
in farm products — referred to the Committee on the Judiciary. 

ISTr. VILAS presented the petition of J. J. Gorham and -102 
other citizens of Tomah, Wis., and vicinity, praying that an ap- 
propriation be made to buy additional land and to build addi- 
tional building's for the Indian school established there; which 
was referred to the Committee on Indian Affairs. 

He also presented a memorial of the Board of Trade of La Ci-osse , 
Wis., and a memorial of the Board of Trade of Milwaukee, Wis., 
remonstrating against the free coinage of silver; which were i-o- 
ferred to the Committee on Finance. 

Mr. SQUIRE presented a petition of citizens of Anacortes, 
Wash., praying for the passage of legislation to insm-e the early 
and economical building and operation of the Nicaraguan Mari- 
time Canal; which was referred to the Committee on Foreign 
Eelations. 

Mr. SQUIRE. I present a petition of citizens of the United 
States resident in and near Anacortes, State of Washington, 
who set forth that, buliovLng the legalized sale of alcoholic liquors 
in Alaska would bo a snare and curse to the native inhabitants 
of that country even though the law should forbid selling to 
tbem, they protest against the passage of the bill introduced in 
the Senate authorizing the sale of liquor in Alaska. I move 
that the petition be referred to the Committee on Territories. 

The motion was agreed to. 

j\lr. COCKRELL presented a memorial of the Farm Imple- 
ment and Vehicle Association of St. Louis, Mo., remonstrating 
ags'inst gambling in products of the soil and praying for the 



passage of those bUIs now pending in Congress for its suppres- 
sion; which was referred to the Committee on the Judiciary. 

Mr. GEORGE presented the following petitions of Wall and 
Poplar Springs Granges, Patrons of Husbandry, of Mi.ssissippi: 

Petitions praying for the euactmeat-«f legislation for the en- 
couragement of silk culture— referred to the Committtee on Ag- 
riculture. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products— referred to the Committee on the 
Judiciary. 

Petitions praying for the passage of House bill 395, defining 
lard and imposing a tax thereon— ordered to lie on the table. 

Petitions praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordei-ed to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts—referred to the Committee on Post'-Offices and Post-Roads. 

Petitions praying for the passage of a bill making cci'tain is- 
sues of money legal tender m payment of all debts — referred to 
the Committee on Finance. 

Mr. HANSBROUGH presented a petition of 35 citizens of 
North Dakota, praying for the adoption of a sixteenth amend- 
ment to the Constitution of the United States; which was re- 
fei'red to the Committee on the .Judiciary. 

Mr. FRYE presented a memorial of the Maine Womons' In- 
dian Associatioij, remonstrating against a decrease in the appi-o- 
priation for Indian education, and also remonstrating against the 
removal of the Ute Indians from their Colorado reservation; 
which was referred to the Committee on Appropriation. 

lie also presented the following petitions of Wales, Woolwich, 
Somerset, Seaside, Dromore, Sagadahoc, and East Madison 
Granges, Patrons of Husbandry, of Alaine: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk culture — referred to the Committee on Agri- 
culture and Forestry. 

Petitions praying for the enactment of legislation to jji'event 
gambUng in farm products — referred to the Committee on the 
.Judiciary. 

Petitions praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-OfHces and Post-Koads. 

Petition pi'ayingfor the passage of a bill making certain issues 
of money full legal tender in payment of all debts — referred to 
the Committee on Finance. 

Mr. TELLER jn-cscnted a petitionof the Denver (Colo.) Print- 
ing Pressman's Union, praying for the creation of the position of 
foreman of the press room in the Government Printing Office; 
which was referred to the Committee on Printing. 

He also presented a memorial of citizens of Eastern Colorado, 
remonstrating against the passage of any law ceding the arid 
lands to the States and Territories; which was referred to the 
Committee on Irrigation and Reclamation of Arid Lands. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had passed 
the following bills; in which it requested the concurrence of the 
Senate: 

A bill (H. R. lOSO) for the relief of the inhabitants of the town 
of Ferron, county of Emery, Territorj- of Utah; 

A bill(H. K. (!83(;) making appi-opriations to supply a deficiency 
in the Department of Agriculture, and for other purposes; and 

A bill (H. R. 6876) to provide for certain of the most urgent di^- 
ficiencies in the appropriations for the service of the Govern- 
ment for the fiscal year ending June 30, 1892. 

ENKOLLED BILLS SIGNED. 

The message also announced that the Speaker of the House 
had signed the following enrolled bills; and they were thereupon 
signed by the Vice-President: 

A bill (H. R. 532) to constitute Newark, in the State of New 
Jersey, a port of immediate transportation: and 

A bill (H. R. 5399) making appropriations to supply a deficiency 
in the appropriation for the expenses of the Eleventh Census, 
and for other jrarposes. 

KEPORTS OF COMMITTEES. 

Mr. WOLCOTTy from the Committee ouPost-Officosand Post- 
Roads, to whom was referred the bill (S. 524) extending the privi- 
leges of the free delivery of mails, reported it without amend- 
ment. 

Mr. ]SIcI\IILLAN, from the Committee on the District of Co- 
lumbia, to whom was i-eferred the bill (S. 1742) to amend ^'''tfTli -HiiJtBUy 
giving the approval an(J sanction of Congress to the route aTld ^W?»x 
termini of the Anacostiaand Potomac River Railroad in the Dis- 
trict of Columbia, reported it with amendments, and submitted a 
report thereon. 



1804 



CONGRESSIONAL RECORD— SENATE. 



Maech 7, 



Mr. ALLEN, from the Committeo on Public Lands, to whom 
was referred the bill (S. 1504) for the relief of David Dealy and 
Moses Younkin, reported it with amendments, and submitted a 
report thereon. 

Mr. PROCTOR, from the Committee on Military Affairs, to 
whom was referred the bill (S. 2084) to amend the Articles of War, 
reported adversely thereon, and the bill was postponed indefi- 
nitely. 

lie also, from the same committee, to whom the subject was 
referred, submitted a report accompanied by a bill (S. 2-170) to 
amend the Articles of War, and for other purposes, which was 
read twice by its title. 

Mr. SQUIRE, from the Committee on Coast Defenses, submit- 
ted a report to accompany the bill (S. 537) to provide for the es- 
tablishment of a gun factory for the finishing and assembling of 
heavy ordnance on the Pacific coast, heretofore reported by him. 

Mr. CAREY, from the Committee on Territories, to whom was 
referred the bill (S. 1813) to provide for the punishment of offenses 
committed in the Yellowstone National Park, reported it with 
amendments, and submitted a report thereon. 

Mr. PADDOCK, from the Committee on Public Lands, to whom 
was referred the bill (S. 1186) granting to the State of California 
5 per cent of the net proceeds of the cash sales of public lands in 
said State, reported it without amendment. 

Mr. WARREN, from the Committee on Irrigation and Rec- 
lamation of Arid Lands, reported an amendment intended to be 
proposed t-o the urgent deficiency appropriation bill; which was 
referred to the Committee on Appropriations, and ordered to be 
printed. 

He also, from the Committee on Irrigation and Reclamation of 
Arid Lands, reported an amendment intended to be proposed to 
the sundry civil appropriation bill; which was I'eferred to the 
Committee on Appropriations, and ordered to be printed. 

LAND IN OKANOGAN COUNTY, WASH. 

Mr. ALLEN. I am instructed by the Committee on Public 
Lands to report back favorably the bill (H. R. 2568) for the relief 
of the inhabitants of the town of Chelan, in Okanogan County, 
State of Washington. This is a very short bill; it has passed 
the House of Representatives; it is approved by the Interior De- 
partment; and I ask unanimous consent that it may be now con- 
sidered. It will take but a moment. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill, which was read, as follows: 

B( it enacted etc., That the Commissioner of the General Land Offlce be. and 
he Is hereby .authorized to Issue a patent for the following tract of public land, 
to wit: The northeast quarter .of section 1.3, in township 27 north, range 22 
east, in Okanog.an Coitnty. Wash., upon the entry m.ade at theNorth Yakima 
local land offlce tor said land by Charles H. Ballard, probate judge for said 
county, in trust lor the use and benefit of the inhabitants of the town of 
Chelan. In said county.imder the town-site laws, being cash entry numbered 
1064 of said North Yakima series of entries. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

STATISTICAL ABSTRACT OP THE UNITED STATES. 

Mr. MANDERSON. lamdirectedby theCommitteeonPrint- 
ing to report back favorably a concurrent resolution for printing 
the Statistical Abstract of the United States. I ask that it may 
be now considered. 

The Senate, by unanimous consent, proceeded to consider the 
concurrent resolution; which was read, as follows: 

Jtesoti^edly the Senate (the House of MepresentatU'es concurring). That there 
be printed 12,0O(i copies of the Statistical Abstract of the United States for 
the year 1891, prepared by the Bureau of Statistics, Treasury Department, 
3,000 copies for the use of the members of the Senate, 6,000 copies for the use 
of the members of the House of Representatives, and 3,000 copies lor the use 
Of the Bureau of Statistics, Treasury Department. 

Mr. COCKRELL. I should like to ask if that is the number 
heretofore printed ? 

Mr, MANDERSON, It is somewhat less than the number 
heretofore printed, but the same number that is provided in the 
general printing bill that has passed the Senate. I think the 
number is sufficient tor all purposes. 

The VICE-PRESIDENT. The question is on agreeing to the 
concurrent re.solution. 

The concurrent resolution was agreed to. 

HOUSE BILLS REFERRED. 

The bill (H. R. 1080) for the relief of the inhabitants of the 
town of Ferron, county of Emery, Territory of Utah, was read 
twice by its title, and referred to the Committee on Public Lands. 

The following bills were severally read twice by their titles 
and referred to the Committee on Appropriations: 

A bill (H. R. 683()) making appropriations to supply a deficiency 
in the Department of Agriculture, and for other purposes; and 

A bill (H. R. G876) to provide for certain of the most urgent de- 
liciences in the appropriations for the ser\ace of the Govern- 
ment for the fiscal year ending .Tune 30, 1892. 



BILLS INTRODUCED. 

Mr. VOORHEES introduced a bill (S. 2471) granting a pension 
to John S. ('oleman; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 2472) for the relief of Thomas G^. 
Cor bin; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Naval Affairs. 

He also introduced a bill (S. 2473) granting a pension to Mrs. 
DorcusNutt; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Pensions. 

Mr. CULLOM introduced a bill (S. 2474) to remove the charge 
of desertion from the militai\v record of Ammon L. Green; which 
was read twice by its title, and, with the accompanying papers, 
referred to the Committee on J.Iilitary Affairs. 

He also introduced a bill (S. 2475) to remove the charge of de- 
sertion from the military record of William H. Smith; which 
was read twice by its title, and referred to the Committee on Mil- 
itary Affairs. 

Mr. MANDERSON introduced a bill (S. 2476) to reimburse the 
State of Nebraska the expenses incurred by that State in repel- 
ling a threatened invasion and i-aid by the Sioux in 1890-'91; 
which was read twice by its title, and, with the accompanying 
papers, referred to the Committee on Military Affairs. 

He also (for Mr. Sherman) introduced a bill (S. 2477) granting 
a pension to John H. Eversole; which was read twice by its title, 
and , with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. PEPPER introduced a bill (S. 2478) to require payment ol 
pension money to wives in cases where male pensioners desert 
or abandon their families, or are habitual drunkards, or from 
any reason fail and neglect to support their families; which was 
read twice by its title, and referred to the Committee on Pensions. 

He also (by request) introduced a bill (S. 2479) to allow the 
United States to exchange its interest-bearing debt for legal- 
tender notes; which was read twice by its title, and referred to 
the Committee on Finance. 

He also introduced a bill (S. 2480) to increase pensions of the 
soldiers of the war of 1812 to $25 per month: which was read 
twice by its title, and referred to the Committee on Pensions. 

Mr. PROCTOR introduced a bill (S. 2481) to place Dunbar R. 
Ransom on the retired list of the Army; which was read twice 
by its title, and referred to the Committee on Military Affairs. 

Mr. PADDOCK introduced a bill (S. 2482) granting a pension 
to Gust Spitznagel; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. WILSON introduced a bill (S. 2483) granting a pension to 
Eliza A. Criner; which was read twice by its title, and referred 
to the Committee on Pensions. 

He also introduced a bill (S. 2484) granting a pension to Mary 
R. Hendei-son; which was read twice by title, and referred to the 
Committee on Pensions. 

He also (b.y request) introduced a bill (S. 2485) for the relief of 
James R. D. "Morrison; which was read twice by its title, and re- 
ferred to the Committee on Claims. 

Mr. PERKINS introduced a bill (S. 2486) to provide for the 
creation of a board of regents of education for the Indian and 
Oklahoma Territories for the promotion of the industrial and 
academic education of Indians, and other purposes; which was 
read twice by its title, and referred to the Committee on Indian 
Affairs. 

He also introduced a bill (S. 2487) for the relief of W. H. Col- 
lards, John A. Elsaser, Peter .Tohnson, George Shade, M. G. 
Brown, Jonas F. Reitz, and L. H. Boyd; which was read twice 
by its title, and referred to the Committee on Claims. 

He also introduced a bill (S. 2488) for the relief of Louis O. 
Farnighy; which was read twice by its title, and referred to the 
Committee on Claims. 

He also introduced a bill (S. 2489) increasing the pension of ■ 
Titus F. Wiles; which was read twice by its title, and referred 
to the Committee on Pensions. 

He also introduced a bill (S. 2490) granting apension to Thomas 
H. Williams; which was read twice by its title, and referred to 
the Committee on Pensions. 

He also introduced a bill (S. 2491) granting an increase of pen- 
sion to James Morgan; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. SAWYER introduced a bill (S. 2492) to authorize the es- 
tablishment of postal-telegraph service, and for other purposes; 
which was read twice by its title, and referred to the Commit- 
tee on Post-Offices and Post-Roads. 

Mr. WOLCOTT introduced a bill (S. 2493) granting a jiension 
to Theodore H. Brown; which was read twice by its title, and 
referred to the Committee on Pensions. 

Mr. COCKRELL introduced a bill (S. 2494) granting an in- 
crease of pension to Michael Herbst; which was read twice by 



« 

I 



1892. 



CONGRESSIONAL RECORD— SENATE. 



1845 



AMENDMENTS TO BILLST 

Mr. PADDOCK submitted an amendment intended to be pro- 
jposed by him to the Indian appropriation bUl; which was re- 
jlerred to the Committee on Appropriations, and ordered to be 
printed. 

Mr. WARREN submitted an amendment intended to be pro- 
posed by him to the urgency deficiency appropriation bill; which 
iwas referred to the Committee on Public Lands, and ordered to 
be printed. 

Mr. VEST submitted an amendment intended to be proposed 
by him to the District of Columbia appropriation bill; which was 
referred to the Committee on Appropriations, and ordered to b3 
printed. 

GOVERNMENT FEINTING OFFICE SITE. 

Mr. CULLOM. I submit the following resolution, and ask for 
its present consideration: 

SesoUed, In pursuance of the legislation heretofore taken for the acquisi- 
tion of a suitable site for a Government Printing Office, that the Committee 
on Printing, acting jointly with the House committee, be, and the same are 
hereby, empowered and instructed to ascertain the most suitable site for that 
purpose (in the District), looking to the fiuuro growth of the country and 
the growing demands upon the printing establishment, ascertain the fair 
value of the same, and make report of such investigation and result; and all 
authority heretofore given in this respect is hereby revoked. 

The Senate, by unanimous consent, proceeded to consider the 
resolution. 

Mr. ALLISON. I hope that the last clause will not be left in, 
stating that all steps heretofore taken are hereby revoked. I 
shall object to that. 

Mr. CULLOM. I have no objection to those words being 
stricken out, as they are suspended at any rate, I understand. 

Mr. ALLISON. They are suspended. 

Mr. CULLOM. The words indicated by the Senator from Iowa 
may be stricken out from the resolution, as far as I know. 

The VICE-PRESIDENT. The modification will be stated. 

The Secretary. Strike out the words; 
And all atithority heretofore given In this respect is hereby revoked. 

The VICE-PRESIDENT. The resolution will be so modified. 
The question is on agreeing to the resolution as modified. 
The resolution as modified was agreed to. 

PORTRAIT AND BUST OF ADMIRAL PORTER. 

Mr. VOORHEES submitted the following resolution; which 
was considered by unanimous consent, and agreed to: 

Whereas the heirs and legal representatives of the late Admiral David D. 
Port«r having signified their desire to present to the United States Govern- 
ment the portrait of the said admiral, painted by Carl Becker, and also his 
bust in marble, by "William Simmons: Therefore be it 

Resolved, That the Committee on the Library be, and is hereby, Instructed 
to consider and arrange for the proper acceptance of said portrait and bust, 
and for the positions to wMch they shall be assigned in the Capitol. 

NICARAGUA CANAL COMPANY. 

Mr. HIGGINS. I call the attention of the Senator from Ala- 
bama [Mr. Morgan] to the resolution of inquiry which I intro- 
duced some time ago directing the Secretary of the Interior to 
communicate certain information in respect to the Nicaragua 
Maritime Canal. At the time of the introduction of that resolu- 
tion the Senator from Alabama suggested that it be referred to 
the Committee on Foreign Relations. I now ask that that action 
be taken, with the understanding that the inquiry directed by 
the resolution to the Secretary of the Interior wUl be made the 
subject of full inquiry by the "Committee on Foreign Relations. 

Mr. MORGAN. The Committee on Foreign Relations really 
considered themselves instructed by the first resolution adopted 
to the full extent of the resolution presented by the Senator from 
Delaware, and I am very glad that he has put'it in specific form. 
Let that be sent to the Committee on Foreign Relations as being 
superadded in the nature of instructions for the inquiry, because 
that committee, in entering upon this investigation, are acting 
solely and only for the people of the United States, and they pro- 
pose, and they have the power to do it, I think, to control any 
agency or any corporation that stands in the way as an obstruc- 
tion in the slightest degree to the rights and interests and wel- 
fare of the people of the United States. 

Mr. HIGGINS. I ask that the resolution as it stands be re- 
ferred to the Committee on Foreign Relations. 

The resolution submitted by Mr. Higgins February 10, 1892, 
was referred to the Committee on Foreign Relations, as follows: 

J!(S0h-(d, That the Secretary of the Intmor be. and is hereby, instructed 
to obtain and transmit to the Senate, at the earliest convenient day a de- 
tailed statement, properly certified by the chief engineer of the Nicaragua 
Canal Company, of the amotmt and kmd of work done, and of the materials 
tools, and supplies ftumisUed upon the said canal, and the cash cost of the 
same. 

Also a detailed statement, properly certified by the appropriate officer of 
the canal company, of all contracts and obligations now inexistence between 
the said canal company and all other governments, persons, or companies!, 
and the actual cash received and expended by it, and for what purposes: the 



amoimt of cash paid in upon subscriptions to its stock and bonds ; the amotmt 
of cash now on hand available for the prosectition of its work; the amount, 
of bonds and stock issued, to whom, and lor what piu-poses; the amount sub- 
scribed, for and by whom, and upon what terms, together with a complete 
balance sheet showing the said company's resources, assets, and liabilities ot 
every name and nattu-e, all as of January 1, 1893. 

Also a detailed statement showing the capital and organization of any con- 
tractmg or constructing company with whom the said canal company may 
have entered into a contract or contracts for constructing .any part of its 
canal, or furnishing any labor, services, machinery, materials, or supplies 
for the said canal, and setting forth the amoimt of stock and bonds issued by 
the said contracting company, to whom and under what terms, the amount 
of cash received by the said contracting company from all sources, the 
amounts paid out, and to whom and for what purposes; the amount of stock 
or bonds subscribed for, and by whom and upon wh;a terms; the amount of 
cash on hand available for carrying out itscontracts with the said canal com- 
pany and others; the amount and cash value of its assets of every kind and 
tiually, a complete balance sheet as of January 1. 1893, showing the said con- 
tract company's assets, resources, and liabilities, of every name and nature. 

The Secretary ot the Interior is also requested to furnish copies of all con- 
tracts made and entered into by either of the companies hereinbefore de- 
scribed, together with any other information he may have or i-:in obtain in 
reference to the operations or responsibility of either of the said companies. 

EDWIN GOMEZ. 

Mr. PLATT. Early in the session I presented the petition of 
Edwin Gomez, of New York City, praying compensation for 
losses, etc., and it was referred to the Committee on Claims. On 
the 10th of February the Senator from Kansas [Mr. Peffer] re- 
ported back the petition asking that the committee be dis- 
chai'ged from its further consideration. I was not in ttie Senate 
at the time the vote was passed discharging the committee. It 
is too late, of course, to move a reconsideration, but I ask unani- 
mous consent of the Senate that tliat action may be reconsidered,' 
and that the petition be recommitted to the Committee on 
Claims. 

The VICE-PRESIDENT. Is there objection to the request 
made by the Senator from Connecticut? The Chair hears none, 
and the petition will be recommitted to the Committee on Claims! 

Mr. PLATT. Some papers that I have in my hand I wish also 
to go to the Committee on Claims in connection with the peti- 
tion. 

The VICE-PRESIDENT. It will be so ordered. 

house bill referred. 

The bill (H. R. 6875) making appropriations for the payment 
of invalid and other pensions of the United States for the fiscal 
year ending June 30, 1893, and for other purposes, wa.s read twice 
by its title, and referred to the Committee on Appropriations. 

THE CALENDAR. 

The VICE-PRESIDENT. Is there further morning business? 

Mr. SQUIRE. I ask that the Senate proceed to consider the 
bill (S. 617) providing for the erection of a public building at the 
city of Spokane Falls, in the State of Washington. I understand 
the Chair to state that we have arrived at the Calendar. 

The VICE-PRESIDENT. The Calendar is in order under 
Rule VIII. 

Mr. SQUIRE. This bill was passed over without lu-eiudice 
under Rule VIII. 

Mr. COCKRELL. Is the Calendar in order? 

The VICE-PRESIDENT. The Calendar is now in order. 

Mr. COCKRELL. I hope that those bills which have been 
passed over under objection will lie over until to-mon-ow morn- 
ing. Let us get at the unobjected cases this morning anyway, 
and then I shall have no objection to-morrow morning. Thei-e are 
several others bills in the same situation. Let them be taken up 
then, but lot the unobjected cases have a showing this moi'nin". 

Mr. SQUIRE. Verv well. 

The VICE-PRESIDENT. The bill indicated by the Senator 
from Washington ^vas passed over owing to the temporary al)- 
sence of that Senator. 

Mr. COCKRELL. It is true that it was passed over without 
prejudice. 

Mr. SQUIRE. I accspt the suggestion of the Senator from 
Missouri, and assent that the bill may be passed over until to- 
morrow, unless it shall be reached to-dav. 

The VICE-PRESIDENT. The bill will be passed over. 

Mr. ALLEN. Mr. President 

Mr. COCKRELL. Now, let us have the regular order. 

Mr. ALLEN. I wish to say that the bill was passed over by 
unanimous consent without prejudice, with the express under- 
standing that it did not lose its place upon the Calendar, and 
that it should be taken up on the return of the Senator from 
Washington to the Chamber. 

Mr. COCKRELL. That is all true, there is no doubt about it: I 
did not observe it at first: but let us goon this morning with 
the other cases that have not been called. 

Mr. SQUIRE. I consent to the bill going over tmtil to-morrow. 

Mr. PROCTOR. I ask that the bill (S. 1233) to establish a 
military post on the line of railway between Burlington and 
Highgate, Vt., bo taken up. It was passed over at the request 



184() 



CONGRESSIONAL RECORD— SENATE. 



March 8, 



of the senior Senator from Now Hampshire [Mr._ Chandler], 
who now informs me that ho withdraws his objection. 

Mr. COCKKELL. That is in ttoe same condition that the 
other bill is. Let us commence with the Calendar where cases 
]aavc not boon called up, and give somebody who has had no op- 
portunity an opportunity, and then in the morning hour to-mor- 
row let it be understood that cases passed over without prejudice 
shall be called up. There are a number of cases on the Calendar 
which have not been called at all, which have had no hearing-, 
and I make this suggestion because it will create less trouble 
and everybody will be better satisfied. 

Mr. PROCtOK. Very well. 

The VICE-PRESIDENT. The first business on the Calendar 
will be stated. 

The joint resolution (S. R. 24) to provide for an international 
bimetallic agreement was aainounced as first in order on the 
Calendar. 

Mr. ALLISON. That had better go over for the present. It 
can not be considered now. 

The VICE-PRESIDENT. Tho joint resolution will be passed 
over without prejudice. 

JOHN W. LEWIS. 

The bill (S. HOG) for the relief of John W. Lewis, of Oregon, 
was considered as in Committee of the Whole. It proposes to 
pay to John W. Lewis, register of the land office at The Dalles, 
Oregon, $521.97, being the amount of his maximum compensa- 
tion in addition to his salary from April 17, 1890, to July 7, 1890. 

Mr. BERRY. Mr. President, this bUl was reported by a bare 
majority o( tho Committee on Public Lands. It is a bill that a 
large minority of that committee thought ought not to pass. It 
does not carry a great deal of money with it, only providing for 
an appropriation of $500 to be given to a register of the land office 
in Oregon. 

The facts ai-e these: The law provides that thd register and re- 
ceiver shall each receive a salary of $500 a year, but it also al- 
lows them certain fees, and if those fees do not exceed $;!,W)0 
a year they retain them. If the fees do exceed that sum then 
they arc paid into the Treasury. During the quarter from April 
to July, 1890, there were uo fees received in this office. This 
register or receiver, as the case may be — I forget which ho is — 
received his salary for that time, and there were no fees during 
that quarter. The reason why no fees were paid him was because 
there was a vacancy in the other office and Ijusiness could not be 
done until both offices were filled, and therefore no foes were 
received during that quarter. The ruling of the Comptroller of 
the Treasury was, and properly, that there being no fees received 
in that quarter, he was only entitled to the salary provided by 
law, and that he was paid. 

This bill seeks to give this officer $500 for that quarter because 
no fees were paid him by reasonof one of theoffices being vacant. 
That is all there is in the bill. Ho says that if the other office 
had been filled he would have received fees amounting to this 
much; but the office was not filled, and under thelaAv he is enti- 
tled to no fees vmless fees are paid him during the quarter. He 
received the salary which tho law authorized him to receive, 
and this is a proposition to give him $500 because no fees were 
rsceived during that quarter, the reason being, as I have stated, 
that there was a vacancy in tho other office. If this officer be 
the register, then there was a vacancy in the receiver's office, 
and if he be the receiver, then there was a vacancy in the regis- 
ter's office. 

Mr. HARRIS. I should like to ask for my own information, 
as to the failure to receive fees during that quarter, whether 
those fees would not come in another quarter when the other 
office was filled? • 

Mr. DOLPH. No. 

Mr. HARRIS. Would not the same work have to be done at 
another day when that office was filled, for which fees would bo 
I'eceivcd? 

Mr. BERRY. Tho law is that the receiver or register shall 
not receive more than $.3,000 a year for both fees and salary, and 
this is paid quarterly, each quarter depending upon itself. That 
is tho law, and if there are no fees received during one quarter, 
then under the law the officer is entitled to no foes, but he is en- 
titled to his salary whether any work is done or not. If no work 
is done, no fees come in, and then he receives only the salary. 
He did not receive any fees for this quarter, and therefore the 
proposition is to give him $500 upon the supposition that the 
fees would have been received if the other office there, which was 
vacant, had been filled. It is an absolute gift out of the Treasury 
to this person of that much money, to which he is no more enti- 
tled than any other citizen in the United States of America. 

Mr. DOLPH. I should like to be able to be heard for a mo- 
ment. This gentleman at the time of his appointment i-esided 
at a point distant from this land office. He qualified on the 17th 



of April, 1890. After he qualifiod, but before he entered upon 
tlie duties of tho office, tho receiver of the land office in that dis- 
trict, Thomas W. Slusher, died. The President failed to make 
an appointment or the Senate to confirm a successor to the re- 
ceiver until the 7th day of July, 1890. Mr. Lewis left his busi- 
ness and went to the place where the land office was located. He 
received and filed the applications which were made to him, re- 
ceived the money and deposited it in bank until the 7th of 
July, when a receiver was appointed, when the papers and the 
money which had been received were turned over. He attended 
to the business of the office, kept the office open, and was con- 
stantly employ(_'d in the transaction of such fcusiness as could be 
transacted without the presence of a receiver. His salary was 
$500 per annum, not enough to pay his board during the time, and 
the foes received during the entire year would not pay his full 
compensation during the time. This is as meritorious a measure 
as ever came from the Committee on Public Lands. 

I do not think that the committee was divided as the Senator 
from Arkansas [Mr. Berry] has stated. I think at least one 
member of the minority, the Senator from Louisiana [Mr. White], 
favored the bill. 

Mr. BERRY. I think the Senator is mistaken. I think the 
committee was divided five to four. 

Mr. DOLPH. No. The case the Senator has in mind is the 
case of refunding the dollar and a quarter an acre to those who 
purchased within railroad limits. 

Mr. BERRY. I think the minority of the committee was op- 
posed to this bill. 

Mr. DOLPH. The Senator himself was opposed to it. 

Mr. BERRY. If tho Senator intends to state that I am the 
only member of the committee who was opposed to it, then the 
Senator is wrong. 

Mr. DOLPH. No, I do not so state. 

Mr. BERRY. As I remember, the Senator from Mississippi 
[Mr. Walthall] who sits near me, was opposed to it. 

Mr. WALTHALL. Mr. President, I do not know_that it is 
at all material, but I can state that the committee on this bill, 
according to my distinct i-ecoUection, divided on party grounds. 

Mr. DOLPH. I wUl state to the Senator that he is mistaken 
about that. It is the bill to refund a dollar and a quarter an acre 
which he has in mind. The Senator from Louisiana [Mr. White] 
voted for this bill and he now nods his assent, so that the Sena- 
tor from Mississippi is mistaken. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, and read the third 
time. 

Mr. BERRY. Upon the passage of the bill I ask for the yeas 
and nays. 

The yeas and nays were ordered; and the Secretary proceeded 
to call the roll. 

Mr. CULLOM {when his name was called). I have a general 
pair with tho Senator from Delaware [Mr. Gray]. I see he is not 
in his seat, and I withhold my vote. 

Mr. FAULKNER (when h'is name was called). I am paired 
with the junior Senator from Pennslvania [Mr. Quay], and 
therefore withhold my vote. 

Mr. PLATT (when his name was called). I am paired with 
the Senator from Virginia [Mr. Barbour]. I do not see him in 
his seat, and therefore withhold my vote. I should" vote "yea* 
if he were present. ' 

Mr. PROCTOR (when his name was called). I am paired with 
the Senator from Florida [Mr. Call], who is not is his seat. I 
therefore withhold my vote for the preswnt. 

Mr. PUGH (when liis name was called). I am paired with tha 
Senator from Massacliusetts [Mr. Hoar]. 

Mr. WALTHALL (when his name was called). I am paired | 
with the Senator from Rhode Island []\Ir. Dixon]. If he were ( 
present, I should vote "nay." ' 

The roll call was concluded. 

Mr. BUTLER. I am paired with the Senator from Pennsyl- 
vania [Mr. Cameron]. Not knowing how he would vote if pres- 
ent, I withhold my vote. 

Mr. HANSBROUGH. I am paired with the Senator from 
Illinois [Mr. Palmier]. Wore he present, I should vote "yea." 

Mr. RANSOM. I am paired generally with the Senator from 
Maine [Mr. Hale]. He is not present, and I decline to vote; 
otherwise I should vote '■ nay." 

Mr. CULLOM. I have a general pair, as I stated, with the 
Senator from Delaware [Mr. Gray], but with an understanding 
that where a question is not political, in order to make a quorum 
either of us may have the right to vote. I therefore venture to 
cast my vote in favor of the bill. I vote "yea." 

Mr. PALMER. I am not familiar with the question before 
the Senate, but to make a quorum, I will vote "nay.'' 

Mr. HANSBROUGH. The Senator from Illinois [Mr. PaIt 
mer] now being present, I shall vote "yea." 



1892. 



OONGEESSIONAL EEC 0*RD— SENATE. 



1847 



The result was annouaca 


d — ^yeas 31, nays 20; 


as follows: 






YEAS— 31. 




Allen. 


Galllnger, 


Perkins, 


Stockbridge, 


Allison, 


Hansbrough 


Pettlgrew, 


Teller, 


Casey, 


Hawley, 


Sawyer, 


Warren, 


Oulioni, 


- Hiscock, 


SUerman, 


Washburn, 


Daniel, 
Dolpli, 


McMillan, 


Shoup, 


White, 


^ Manderson. 
^ Morrill, 
^ Paddock, 

C 


Squii-e, 


Wilson, 


Felton, 


Stanford, 


Wolcott. 


Frye, 


Stewart. 






NAYS— DO. 




Bate, 


—• Coke. 


Jones, Ark. 


Turpie, 


Berry, 


03 - Colqiiitt, 


Kylfr, 


Vance, 


Blackburn, 


OS George, 


Morgan, 


Vest, 


Carlisle, 


<0 Gorman, 


Palmer, 


Vilas. 


Ctiiltou, 


Harris. 


Pasco, 


Voorhees. 




O NOT VOTING— 37. 




Aldrlch, 


Oi Davis, 


Hisrgins, 


Power. 


Barbour, 


"2^ Dawes, 


Hill, 


Proctor. 


Blodgett, 


-. Dixon, 
ri Dubois, 
"■' Faulkner. 


Hoar, 


Pugh, 


Brice, 


Irby, 


Quay, 


Butler, 


Joues. NeT. 


Eansom. 


Call. 


^ Gibson, La. 


Kenna, 


Sanders, 


Cameron, 


, O Gibson. Md. 


McPherson, 


WalthalL 


Carey, 


Li- Gordon, 


Mitchell, 




Chandler, 
Cockrell, 


Gray, 


Peffer, 




Hale, 


Piatt. 




So th.e bill was passed. 







ELECTION OP SENATOES— IDAHO CASE. 

The VICE-PRESIDENT. The Chair lays befoi-e the Senate a 
resolution which he inadvertently omitted to do before, eomr 
ing over fi'om a previous day, offered by the Senator from Alai- 
bama [Mr. Moegan], relative to the election of United States 
Senators, 

Mr. MORGAN. I have conferred mth the Senaitor-ftrom Colo- 
rado [Mr. Teller] about that resolution, and we have ag-reed to 
let it lie over until the Senator from Oregon [Mr. Mitchell] re- 
turns. 

The VICE-PRESIDEH'T. The ntet bill on the Calendai- will 
be stated. 

SALE OP FJREARMS AND AMMUNITION TO INDIANS. 

The bill (S. 438) to prohibit the sale of flreams and ammunition 
to the Indians i-esiding- upon reservations was considei'ed as in 
Committee of the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

WILLIAM W. BURNS. 

The bill (S. 115) for the relief of William W. Burns w-as con- 
sidered as in Committee of the WTiole. It provides for the pay- 
ment of $7,987 to William W. Burns, in full payment of the bal- 
ance due him for royalty on 3,195 Sibley tents used by the United 
States Government. 

The bill was reported to the Senate without amendtoent, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

ESTATE OP WILLIAM MOSS, DECEASED. 

The bill (S. 11-1) making an appropriation for the benefit of the 
estate of William Mos.°, deceased, was considered as in Com- 
mittee of the Wliole. It proposes to paj' $14,175 to the admin- 
isti'ator of the estate of WUliani Moss, deceased, le.te of Ar- 
kansas, for the benefit of the heirs at law of the deceased, for 
extra services in transporting the United States mails from 
Washington, Ark., to Clarksville, Tes., and back, three times a 
week, from July 1, 1854, until .lune 30, 1858, which services were 
not provided for in his contract. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

MOSES PENDERGBASS. 

The bill (S. 8) for the relief of Moses Pendergrass, of Missouri, 
was considered as in Committee of the Whole. It provides for 
settling and auditing the accounts and claim of Moses Pender- 
grass as contractor in carrying the mails on route numbered 
28630, in the State of Missouri, from July 1, 1887, to May 6, 1888, 
upon the basis and amount of $317 per annum as hia bid for such 
service, under the advertisement of September 15* 1886, and of 
the orders of the Post-Otfice DeiJartraent increasing the service 
thereon, and for paying him for sucli service an amount not ex- 
ceeding $379.56. in hill satisfaction therefor. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a^ third reading, readtbe third time, 
and passed. 

E. R. SHIPLEY. 

Tile bill (S. 9) for the relief of E. R. Shipley was considered 
as in Committee of the Whole. It provides for the payment 
of $400 in full to E. R. Shipley for moneys jjaid, by direction ol 
Post-Office Inspector Edgerton, to parties having money in reg- 



istered packages stolen from the post-offlce in Springfield, Mo., 
on the 23d of June, 1884. 

The bill was reported to the Senate without amendment, or- 
dered to bj engrossed for a third reading, read the third time, 
and passed. 

MARY L. ROSS. 

The bill (S. 852) for the relief of Mary L. Ross was considered 
as in Committee of the Whole. It proposes to pay to Mary L. 
Ross, former postmaster at Newport, Ky., •'B89.27 for light, fuel, 
and, miscellaneous items disallowed in the .settlements of her ac- 
counts in the third and fourth CLuartors of 1882 and the first and 
third quarters of 1883. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

MAJ. GREEN CLAY GOODLOE. 

The bill{S. 205) to reimburse Maj. Green Clay Goodloe, pay- 
master United States Marine Corps, was considered as in Com- 
mittee of the Whole. It proposes to appropriate $3,333.31 to re- 
imburse him for money stolen by Benjamin A. Jones, alias 
B -njamin A. Jaeger, a clerk in his office, who committed suicide 
D.. ceniber 25. 1889. and who was indicted by the courts of the 
District of Columbia for this theft. 

The VICE-PRESIDENT. The attention of the Senator from 
Kentucky [Itlr. Blackbuen] is called to this biU. The name of 
Miij,. Goodloe is omitted in the body of the bUl. 

Mr. BLACKBURN. I ask unanimous consent to make the in- 
sertion now. I move to strike out the word " him," in lino 6, 
and insert the words '"Maj. Green Clay Goodloe, jiaymaster 
United States Marino Corps." 

Mr. COCKRELL. That is right. 

The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. In line 6, after the word "reimburse," it is 
proposed to strike out ''him" and insert "Maj. Green Clay 
Goodloe, paymaster United- States Marine Corps;" so as to read: 

To relmbiirse Maj. Green Clay Goodloe. paymaster United States Marine 
Corps, for moneys stolen, etc. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed and read a third time, and 
was read the third time, and passed. 

G. M. HAZEN- and OTHERS. 

The bill (S. 16) for the relief of G. ISI. Hazen and others wa.s 
considered as in Committee of the Whole. It provides for the 
payment to the following-named persons, their assigns or legal 
representatives, the amoimts due on their respective contracts 
with the United States, as appears by certified accounts on file 
in the Treastu'y Department, viz; To George M. Hazen, $175; to 
J. J. Donegan, $446; to A. Burwell, $125; to N.C. Blonton, $430; 
to Mrs. J. P. Williams, $900; to Masonic Hall Company, Atlanta^ 
Ga., $475. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

DAVIDSON DiOKSON AND OTHERS. 

The bill (S. 19) for the relief of Davidson Dickson and others 
was considered as in Committee of the Whole. It provides for 
the payment to the following-named persons, or to their legal 
representatives, of the amounts due on their contracts with the 
United States, as apjiears bj' certified accounts on file in the 
Treasury Department, viz: To Davidson Dickson, $40; to W. B. 
Daniels, $28:' to J. C. McCrary, $12.50; to A. Pike, $100; to estate 
of James A. Ralston, $771.25; to E. E. Rawson, $246.33; to M. 
Sparks, $100: to Trustees Odd Fellows' Lodge, Pulaski, Tenn., 
$64.16; to E. Rouff , $45; to E. C. Clements, $200: to R. W. Corbin, 
$22.50; to J. A. Henry. $52; to Robert Stevenson, $54; to Miles 
S. Draughn, $60. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading-, read the third time, 
and passed. 

WILLIAM BOND & CO. AND OTHERS. 

The bill (S. 236) for the relief of William Bond & Co. and others 
was considered as in Committee of the Whole. It provides for 
the pa.yment of certain balances of commissions due them on their 
purchases of internal-revenue stamps printed from their private 
dies, as provided in section 3425 of the Revised Statutes of the 
United States, on the full amount, face value, of stamps purchased, 
without distinetion as to the time when such purchases were 
made. 

The biU was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 



1848 



CONGRESSIONAL RECORD— SENATE. 



Maech 8, 



ESTATE OF ISAAC P. TIOE, DECEASED. 

The bill {S. 972) foi- tho relief of the administrators of the es- 
tate of Isaac P. Tice, deceased, was considered as in Committee 
of the Whole. It jiroposes to confer Jurisdiction upon the Court 
of Claims to retry and determine according to law and in equity 
tho case of the administrators of Isaac P. Tico, deceased, against 
the United States, decided by the Supremo Court at the October 
term, 1878, and also to try and determine according to law and 
in equity the claims of Tice for money collected, but not paid 
over to him, imder the regulations of the Treasury, based upon 
his contract with the United States. In the retrial the statute 
of limitations shall not be available against the rights and claims 
of Tice, but the United States may offer in evidence any evidence 
given and filed in the prior trial. The court may render a judg- 
ment in favor of the administrators of Tice for such sums as may 
be found to be due and unpaid to him on any of the accounts 
named. 

Tho bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

WILLIAM M. KEIGHTLEY. 

The bill (S. 978) for the relief of William M. Keightley was 
considered as in Committee of the Whole. It proposes to pay to 
William M. Keightley, postmaster at Durango, Colo., $1,350, be- 
ing amount of clerk hire paid by him from January 4, 1881, t« 
March 31, 1882, during which period the office was in the fourth 
class. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

ROYAL M. HUBBARD. 

The bill (S. 975) for the relief of the legal representatives of 
Royal M. Hubbard was considered as in Committee of the Whole. 
It provides for the payment to the legal representatives of Royal 
M. Hubbard, late postmaster at Longmont, Colo., $600 for rent 
of post-oflice during the period from April 1,1881, to June .30, 
1KS3. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

HORACE A. W. TABOR. 

The bill (S. 976) for the relief of Horace A. W. Tabo 
sidered as in Committee of the Whole. It proposes to pay to 
Horace A. W. Tabor, of Colorado, $3,869.94, or so much thereof 
as shall appear to the proper accounting officer of the Govern- 
ment to have been paid by Tabor for necessary expenses in the 
Leadville post-office over and above the allowances made for that 
purpose. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

B. F. HOCKAFELLOW. 

The bill {S. 977) for the relief of B. F. Rockatellow was con- 
sidered as in Committee of the Whole. It provides for the pay- 
ment of $614.11 to B. F. Rockafellow, on his account as postmas- 
ter at Canyon City, Colo., or so much of that amount as shall ap- 
pear to the proper accounting officer of the Government to have 
been paid by Rockafellow for necessary clerk hire in the Canyon 
City post-office. 

I'he bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

ESTATE OF JOHN ERICSSON. 

The bill (S. 838) for the relief of the estate of John Ericsson 
was considered as in Committee of the Whole. It proposes to 
pay to the personal representatives of John Ericsson $13,930, 
for the balance found due Ericsson by the Court of Claims, in 
February, 1857, for his services in planning the United States 
war steamer Princeton, and planning and superintending the 
construction of the machinery of that steamer. 

Tho bill was reported to the Senate without amendment, or- 
dered to be engrossed lor a third reading, read the third time, 
and passed. 

J. C. IRWIN & CO., AND OTHERS. 

The bill (S.21) for the relief of J. C. Irwin & Co. and C. A. 
Ferry & Co. was announced as next in order. 

Mr. COCKRELL. That bill being adversely reported, let it 
be passed over. 

The VICE-PRESIDENT. The bill will be passed over. 

PUBLIC BUILDING AT SPOKANE FALLS, WASH. 

Mr. SQUIRE. I ask that Order of Business 100, Senate bill 
617, which was passed over without prejudice, may be now con- 
aidered. 



The VICE-PRESIDENT. The title will be stated. 

The Secretary. A bill (S. 617) providing for the erection of 
a public building at the city of Spokane Falls, in the State of 
Washington. 

By unanimous consent the bill was considered as in Committee 
of the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

ORDER OF BUSINESS. 

Mr. DOLPH. Mr. President 

Mr. CULLOM. I insist upon the regular order. 

Mr. SHOUP. I ask for the present consideration of a bill 
which was passed over without prejudice. 

Mr. CULLOM. I insist upon the regular order. 

The VICE-PRESIDENT. The regular order is called for. 

Mr. CULLOM. We can get along better with these bills in 
that way, I think. 

The bill (S. 1674) incorporating the Society of American 
Florists was announced as next in order on the Calendar. 

Mr. PLATT. That bill was reported by the Senator from Ne- 
braska [Mr. Paddock], who is not in his seat at this moment. I 
do not know that I object to it at all, but I wish that it may go 
over, so that I may examine it. 

Mr. DOLPH. I should like to have an explanation or at least 
have the Senator point out under what clause or section of the 
Con.stitution this comes. 

Mr. PLATT. I had that in mind, and therefore I asked to 
havi- it passed over. 

The VICE-PRESIDENT. The bill will be passed over. 

OTTO A.RISUil. 

The bill (S. 232) for the relief of Otto A. Risum was considered 
as in Committee of the Whole. It provides for the allowauce to 
Otto A. Risum, postmaster at Pulcifer, Wis., of $78, lost in tran- 
sit by reason of the robbery of the mail. 

The bill was reported to the Senate without 'amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

REVENUE CUTTERS ON THE GREAT LAKES. 
The bill (S. 1681) making an appropriation for the construc- 
lon of two United States revenue cutters for service on the Great 
La^B was considered as in Committee of the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

PUBLIC BUILDING AT ALAMEDA, CAL. 

Mr. STANFORD. I desire to call up the bill (S. 1207) to pro- 
vide for the purchase of a site and the erection of a public build- 
ing thereon at Alameda, in the State of California 

The VICE-PRESIDENT. Is there objection? 

There being no objection, the bill (S. 1207) to provide for the 
purchase of a site and the erection of a public building thereon 
at Alameda, in the State of California, was considered as in Com- 
mittee of the Whole. 

Mr. STANFORD. This bill has been reported favorably. Ala- 
meda has a population of 11,165; the postal receipts during 1889 
were $7,648.71 and the net revenue $5,878.40. The town has en- 
tirely outgrown the accommodations. The accommodations are 
such as when the town had only two or three thousand inhabit- 
ants. Now the building is entirely insufficient to accommodate 
a population of over eleven thousand. 

Mr. COCKRELL. Mr. President, only a moment ago the Sen- 
tor from Idaho [Mr. Shoup] asked to call up a bill on the Calen- 
dar which was in the same condition as this bill and the Senator 
from Illinois [Mr. Cullom] called for the regular order. 

Mr. DOLPH. The bill of the Senator from Illinois has passed 
since. 

Mr. COCKRELL. He called for the regular order. The ques- 
tion is, what is the regular order? I asked the Senator from 
Idaho, the Senator from Washington, and one or two other Sen- 
ators to allow their bills to be passed over imtil we had acted for 
some time ujjon the regular order of the Calendar. Now, I have 
no objection to the Senator from California getting up his bill, 
because it comes upon the Calendar without objection; biit then 
the Senator from Idaho [Mr. Shoup] and the Senator from Ver- 
mont [Mr. Proctor] ought to be treated in the same way. 

The VICE-PRESIDENT. This bill was passed over heretofore 
without prejudice. 

:Mr. COCKRELL. So was the bill of the Senator from Idaho, 
and so with the bill of the Senator from Vermont. 

Mr. STANFORD. This bill was passed without prejudice. I 
can see no impropriety in considering and passing the bill now, 
as it was heretofore passed over without prejudice. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



1849 



Mr. COCKBELL. If the Senator will just stop his speech the 
bill will be passed. Nobody has objected to it. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

MILITARY POST BETWEEN BURLINGTON AND HIGHGATE, VT. 

Mr. PROCTOR. I ask that Senate bill 1233, Order of Busi- 
ness 150, may be taken up. 

Mr. COCKRELL. That was passed over without pi-ejudice, 
was it not? 

The VICE-PRESIDENT. It was passed over without preju- 
flice. 

There being no objection, the bill (S. 1233) to establish a mil- 
itary post on the lino of railway between Burlington and High- 
gate, Vt., was considered as in Committee of the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

PUBLIC BUILDING AT BOISfi CITY, IDAHO. 

Mr. SHOUP. I now ask for the consideration of Senate bill 
393, which was passed over without prejudice. 

There being no objection, the bill (S. 393) to provide for the 
purchase of a site and the erection of a public building thereon 
at Bois6 City, in the State of Idaho, was considered as in Com- 
mittee of the Whole. 

The bill was reported from the Committee on Public Buildings 
and Grounds with amendments. The first amendment was, on 
page 2, line 12, after the word "dollars," to insert "which sum 
IS hereby appropriated;" so as to i-ead: 

That the Secretary of the Treasury be, and he is hereby, authorized and 
flirected to acquire by piu'chase, condenmation, or otherwise, a site, and cause 
to be erected thereon a suitable building, including Breproot vaults, heating 
and ventilating apparatus, elevators and approaches, for the use and ac- 
commodation of the United States post-offlce and other Government offices 
in BoLs6 City, and State of Idaho, the cost of said site and building, including 
said vaults, heating and ventilating apparattis, elevators, .and approaches, 
complete, not to exceed the sum of $200,000, which sum is hereby appropri- 
ated. 

The amendment was agreed to. 

The next amendment was, to insert at the end of the bill the 
following paragraph: 

The bitllding shall be unexposed to danger from fire by an open space of at 
least 40 feet on each side, including streets and alleys. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

COLLECTION DISTRICT OF PUGET SOUND. 

'Mv. DOLPH. Order of Business 125, Senate bill 722, is an im- 
portant general measure, but very brief, which went over on the 
objection of one of the Senators from Washington. That objec- 
tion is withdrawn, or at least no further opposition is made to 
the bill. I ask to have it taken up for action at this time. 

Mr. VANCE. I ask for the regular order. 

Mr. DOLPH. This is a very brief bill of general importance. 

Mr. PRYE. This is the regular order. 

Mr. DOLPH. It can be disposed of in a moment. 

The VICE-PRESIDENT. The bill was passed over without 
prejudice. 

Mr. DOLPH. Let it be reported for information. 

The VICE-PRESIDENT. The bill will be read. 

The bill (S. 722) to amend an act entitled "An act to reorgan- 
ize and establish the customs collection district of Puget Sound," 
apjiroved August 28, 1890, was read, and, by unanimous consent, 
the Senate, as in Committee of the Whole, proceeded to consider 
it. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

FORLORN HOPE STORMING PARTY. 

The bill (S. 692) authorizing the Secretary of War to procure 
and present medals to the survivors of the "forlorn-hope storm- 
ing party" of Port Hudson was announced as next in order. 

Mr. COCKRELL. I ask that that bill may be passed over in 
order that the Senator from Wyoming may have an opportunity 
of examining it, without losing its place on the present Cal- 
endar. 

The PRESIDING OFFICER (Mr. Faulkner in the chair). 
It will be so ordered, if there be no objection. 

ROPES PASS, TEXAS. 

The bill (S. 1295) to authorize the construction of jetties, piers, 
and breakwaters at private expense in the Gulf of Mexico, at the 
moutli of Ropes Pass, in the State of Texas, was considered as in 
Committee of the Whole. 



The bill was reported from the Committee on Commerce with 
an amendment, on page 2, section 3, lino 11, after the word " de- 
sired," to insert "by the Government of the United States;" so 
as to make the section read: 

Sec. 3. That at any time after said improvements and works have been 
completed as herein provided, and a depth of 20 feet has been obtained, the 
United States shall have the right to pav the said company, or their assigns, 
successors, or legal representatives, the value of the works constructed under 
this act or imder or by virtue of any authority granted by the State of Texas, 
and on such payment being made by the United States all rights to said work 
on the part of said parties shall cease; but nothing in this act shall be con- 
strued as compelling or reqtiiring the Government to take possession of and 
pay for said works unless so desired by the Government of the United States. 

The amendment was agreed to. 

The bill was reported to the Senateasamended. and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

HOSPITAL CORPS OF THE ARMY. 

The bill (S. 552) to amend the act approved March 1, 1887, re- 
lating to the Hospital Corps of the Army, was considered as in 
Committee of Whole. It proposes to amend section 6 of the act 
approved March 1, 1887, entitled " An act to organize the Hospi- 
tal Corps of the Army of the United States, to define its duty, 
and fix its pay," so as to read as follows: 

Sec. 6. That the pay of privates of the Hospital Corps shall be J19 per 
month, with the increase on account of length of service as is now or may 
hereafter be allowed by law to other enlisted men. They shall be entitled to 
the same allowance as a corporal of the arm of service with which they may 
be on duty. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

REPRESENTATIVES OF ADELICIA CHEATHAM, DECEASED. 

The bill (S. 43) for the relief of the personal representatives of 
Adelicia Cheatham, deceased, was considered as in Committee of 
the Whole. It provides for the payment to the personal repre- 
sentatives of Adelicia Cheatham, deceased, of $32,074, with in- 
terest from October 29, 1868, in full discharge of all claims for 
money illegally assessed on the 10th of May, 1867, and again on 
the loth of March, 1868, by the assessor for the fifth collection 
district of the State of Tennessee, under the internal-revenue law 
of the 30th of June, 1864, chapter 173, on cr6ps of cotton raised in 
Louisiana diu-ing the years 1861 and 1862. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, and 
passed. 

AUGUSTUS BOYD. 

The bill (S. 256) for the relief of Augustus Boyd was consid- 
ered as in Committee of the Whole. 

The bill was reported from the Committee on Military Affairs 
with an amendment, in line 5,b3fore the word "place," to insert 
" appoint and;" and in line 9, after the word " disability," to in- 
sert "and the retired list is hereby increased in number to that 
extent; " so as to make the bill read: 

Be it enacted, etc., That the President be, and hereby is, authorized to nom- 
inate and, by and with the advice and consent of the Senate, to appoint and 
place on the list of retired otBcers of the United States Army the name of 
Augustus Boyd, with the rank of captain of staff, this being the actual rank 
in the regular Army held by hini when in the service he received the injury 
from which he suffers permanent disability; and the retu'ed list is hereby in- 
creased in number to that extent: I'rovide'd, That no pay or allowances shall 
accrue or be paid to said Augustus Boyd under this act prior to his contir- 
niation. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

BRIDGE ACROSS KOOTENAI RIVER, IDAHO. 

The bill (S. 1668) to authorize and regulate the construction of 
a bridge across the Kootenai River, at the town of Pry, County 
of Kootenai, State of Idaho, was considered as in Committee of 
the Whole. 

The bill was reported from the Committee on Commerce with 
amendments. The first amendment was, in section 4, line 6, after 
the word "purposes," to insert — 

Equal rights and privileges shall be given to all telegraph and telephone 
companies to place their %vlres on said bridge, and any railroad company de- 
siring to use said bridge for the crossing of its cars and trains thereon shall 
have the right to do so upon such terms as may be agreed upon by the par- 
ties, and if they shall be unable to agree, the Secretary of War shall tix the 
terms upon which said bridge may be so used— 

SO as to make the section read: 

Sec. 4. That any bridge constructed under the provisions of this act and 
according to its limitations shall be a lawful structure, and shall be recog- 
nized as a post route, upon which no charge shall be made for the transmis- 
sion over the same of the mails of the United States or for the right of way 
for United States postal-telegi'aph purposes. Equal rights and privileges 
shall be given to all telegraph and telephone companies to place their wires 
on said bridge, and any railroad company desiring to use said bridge for the 



1850 



OONGllESSIONAL RECORD— SENATE. 



March 8, 



crossing of its cars and trains thereon shall have the right to do so upon 
such terms as may be agi-eed upon l)y the parties, and If they shall be imable 
to agree, the Secretary of War shaU Jlx the terms upon which said bridge 
may be so used. 

The amondmont was agreed to. 

The nest amendment was, in section 5, line 2, after the word 
"such," to strike out "bridges" and insert "bridge;" so as to 
make the section read: 

Sec .5. That all parties owning, occupying, or operating such bridge shall 
maintain, at their own expense, from sunset to sunrise, throughout the 
year, such lights thereon as the United States Light-House Board may pre- 
scribe. 

The amendment was agreed to. 

The next amendment was, in section 7, line 1, after the word 
"shall," to strike out "take effect immediately after its pas- 
sage" and insert "be null and void if actual construction of the 
bridge herein authorized be not commenced within one year and 
completed within three years from the date hereof; " so as to 
make the section read: 

Sec. 7. That this act shall be null and void if actual construction of the 
bridge herem authorized be not commenced within one year and completed 
within three years from the date thereof. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

ELIZA K. STARR. 

The bill (S. 1220) granting a pension to Eliza K. Starr was con- 
sidered as in Committee of the Whole. 

Tlie bill was reported from the Committee on Pensions witli 
amendments, in line 8, to strike out " Fifth" and insert " Sixth," 
and in line 9, after the words "rate of," to strike out "fifty" 
and insert " thirty;" so as to make the bill read: 

Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, 
authorized and directed to place on the pension roll, subject to the provisioii.s 
and limitations of the pension laws, the name of EUza IC. Starr, widow of 
Samuel H. Starr, late colonel Fifth New Jersey Volunteers, and major and 
brevet colonel Sixth United States Cavalry, and pay her a pension at the 
rate of 530 a month. 

The amendments were agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

MILITARY POST NEAR LITTLE ROCK, ARK. 

The bill (S. 113) to establish a military post near Little Rock, 
Ark., was announced as next in order. 

Mr. PADDOCK. The hour of 2 o'clock having arrived, I ask 
that the regular order may be laid before the Senate. 

Mr. JONES of Arkansas. I hope that the bill the title of 
which has been stated may be disposed of. 

Mr. PADDOCK. Allow me to have the regular order laid be- 
fore the Senate, and, when that isdono, I will yield to the Senator. 

Mr. JONES of Arkansas. Very well. 

The PRESIDING OFFICER. The Chair lays before the Sen- 
ate the unfinished business, which is the bill (S. 1) for prevent- 
ing the adulteration and misbanding of foods and drugs, and for 
other purposes. 

Mr. JONES of Arkansas. I ask that the regular order may be 
informally laid aside. 

The PRESIDING OFFICER. The Senator from Arkansas 
asks that the unfinished business may be temporarily laid aside 
until the consideration of the bill the title of which has been read 
shall be concluded. 

Mr. PADDOCK. I yield to the Senator for that purpose. 

By unanimous consent, theSenate, as in Committee of the Whole, 
proceeded to consider tiie bill (S. 113) to establish a military post 
near Little Rock, Ark. 

The bill was reported from the Committee on Military Affairs 
with an amendment, in section 2, line 6, after the words "sum of," 
to strike out " two hundred" and insert " fifty;" so as to make 
the section read: 

Sec. S. That for the purpose ot defraying the expenses of locating said ai-my 
post as aforesaid, and ot constructing barracks, quarters, kitchens, mess 
nails, stables, storehouses, magazines, and other necessary and suitable build- 
ings, there is hereby appropriated, out of any money in the Treasury not oth- 
erwise appropriated, the stmi of J50,000, or so much thereof as is necessary, the 
same to be drawn from the Treasm-y and applied to said purposes tmder the 
dii'ection of the Secretary of War: Provided, That no part of said sum hereby 
appropriated shall be expended until the aforesaid tract of land shall have 
been conveyed to and accepted by the United States. 

Tlie amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed, 

CUSTOMS COLLECTION DISTRICT OP TAMPA. 

The PRESIDING OFFICER. The Senate, as in Committee of 
the Whole, resumes the consideration of the unfinished business, 



the pending question being on the motion of the Senator from 
Texas [Mr. Coke] to strike out sections 7 and 8 of the commit- 
tee's amendment, upon which the yeas and naj'S have been or- 
dered. 

Mr. FRYE. Before that is considered, I should like to have 
the next bill of the Calendar, Order of Business IS.^, ijassed over 
without prejudice, so that it may not be called up first at the next 
meeting. 

The PRESIDING OFFICER. The title of the bill will bo 
stated. 

The Secretary. A bill (S. 1956) to amend an act entitled , 
"An act establishing a customs collection district in Florida, to 
to be known as the collection district of Tampa, and for other 
purposes," approved March 1, 1889. . 

Mr. PRYIi;. Now let that bill be jjasscd without prejudice. ' 

The PRESIDING OFFICER. It will be so ordered in the ab- 
sence of objection. 

food and drug adulteration. [ 

The Senate, as in Committee of the Whole, resimied the con- * 
sideration of the bill (S. 1) for preventing the adulteration and 
misbranding of food and drugs, and for other purposes, the pond- 
ing question being on the amendment submitted by Mr. Coke 
to strike out sections 7 and 8 of the amendment reported by the 
Committee on Agriculturi! and Forestry. 

Mr. FAULKNER. I move to strike exit lines 1 and 2 of the 
seventh section and ])art of lino 3, down to the word "shall," 
and insert the amendment which I send to the desk. 
The PRESIDING OFFICER. The amendment wiU be stated. ■ 
The Secretary. In section 7, beginning in line 1, it is pro- 
posed to strike out the words— 

That ever.v persr>n manufacturing or exposing for sale or delivering to a 
purchaser any di-ug or article ot food included in the provisions of thla act 
which is a subject of interstate commerce. 

And insert in lieu thereof: ; 

TlKit ever}' person who manufactures for shipment and delivers for trans- , 
portation from any State or Territory to any other State or Territory any 
drug or article of food, and every persr>ii who exposes for sale or delivers to 
a purchaser anv cirug ov article of fo<jd received from a .Stale or Territory 
other than the State or Territory in which he exposes for sale or delivers 
such drug or article of food, and which article is in the original unbroken 
jjacUage in which the same w.as received. 

The PRESIDING OFFICER. The question is on the amend- 
ment proposed Ijy the Senator from West Vii-ginia [Mr. Faulk- 
ner]. I 

Mr. PADDOCK. I desire to say for myself that I very cheer- ; 
fully accept that amendment. It improves the phraseology and 
I do not think it weakens the bill. 

Mr. COCKRELL. I did not catch the point where the amend- ■' 
merit is proposid. 

The PRESIDING OFFICER. The Secretary will report the 
amendment. 

The Secretary' read the amendment of Mr. FAULKNER. 

The PRESIDING OFFICER. The question is on agreeing to 
th<^ amendment offered by tlio Senator from West Virginia to 
the matter proposed to be stricken out. 

Tlie amendment was agreed to. 

Mr. COCKRELL. Now let that section as amended bo read. 

The PRESIDING OFFICER. The section as amended will 
be read. 

The Secretary read as follows: 

Sec. 7. That every person who manufactures for shipment and delivers 
for tr.insportation from any State or Territory to any i>lher Stat;- or Terri- 
tory any drug or article ot food, and every person who exposes for sale or 
deliver.s to a ijurchaser any drug or artii:le of food received from a State or 
Territory other than the State or Territory in wliich he exposes for sale 
or delivers such drug or article ot food, and which article is in the original 
unbroken package in which the same was received, shall furnish a sample 
of such drugs or articles of food. etc. 

Mr. COCKRELL. Mr. President, that amendment has bee;i 
agreed to, has it not? 

The PRESIDING OFFICER. It has. 

Mr. COCKRELL. Now I move to amend, after the words 
"shall furnish," in line 3, by inserting " within business hours 
and upon tender and full payment of the selling price," and by 
striking out, in lino 9, the words "and shall tender him the full 
value thereof." That will obviate a serious objection made by 
the Senator from Illinois [Mr. Palmer]. 

Mr. PADDOCK. So far as I amconcerned I will accept that 
amendment. 

The PRESIDING OFFICER. The amendment proposed by 
the Senator from Missouri will be stated. 

The Secretary. After the word " furnish," in line 3 of sec- 
tion 7, it is proposed to insert the words " within business hours 
and upon tender and full payment of the selling price;" and in 
line 9, after the word " possession," to strike out the words "and 
shall tender him the full value thereof." 

The PRESIDING OFFICER, li there be no objection, the 
two amendments will be considered as one, and the Question will 
be put on them as one amendment. 



1892. 



CONGRESSIONAL EECORD— SENATE. 



1851 



Mr. WHITE. In consequence of this change it will be neces- 
earj' in the first section, in line 14, after the word ' ' manufactured," 
to insert: '^Provided, The same be in the original or unbroken 
packages." 

Mr. COCKRELL. That does not pertain to this amendment. 

Mr. WHITE. Yes, I think it does. 

Mr. COCKRELL. It has nothing to do with the amendment 
pending. 

The PRESIDING OFFICER. The question is on the amend- 
rcient moved by the Senator from Missouri [Mr. COCKRELL,] to 
the matter proposed to be stricken out. 

The amendment was agreed to. 

Mr. WHITE. Mr. President, as the amendment offered by the 
Senator from West Virginia [Mr. Faulknee] has been adopted, 
I move to insert, after the word "manufactured," in section 1, 
line 14, the words I before indicated. 

The PRESIDING OFFICER. The Chair would state that the 
original motion before the Senate is to strike out sections 7 and 8, 
and that amendments are now being offered to perfect those sec- 
tions before the motion is taken upon striking them out. 

Mr. WHITE. Very well. 

Mr. VEST. I should like to inquire of the Senator from West 
Virginia if it is his intention to confine the operation of his 
amendment to persons who manufacture for shipment and de- 
liver for transporta.tion? It seems to me that would be the mean- 
ing of it. I have not the amendment before me, and of course 
I am dependent upon what I hear from the desk, but it struck 
me that that would be the operation of the amendment. It says, 
as I remember, " every person who manufactures for shipment 
and delivers for transportation." Then, of course, it would be 
only the manufacturer, and if a person in a State was the manu- 
facturer and then shipped he would be excluded from the opera- 
tions of the amendment. 

Mr. FAULKNER. The object and purpose of the amendment 
is, as stated by the Senator from Missouri, to limit the right of 
the investigation as to samples of drugs sold or transhijjped from 
one State to another, or of articles of food shipped from one 
State to another, so far as the manufacturer is concerned, to the 
fact that he had brought the article by his own act under the 
interstate-commerce clause; and until the manufacturer had de- 
livered it or entered, as stated in different decisions of the Su- 
preme Court, the article for transportation, it does not become 
a subject of interstate commerce under the provisions of the Fed- 
eral Constitution. I do not think, and never have thought, it was 
the right of Congress to pass any act authorizing its agents to 
go into a State and investigate and inquire into the jjurity of 
an article, which article had not come within the interstate- 
commerce clause of the Federal Constitution. 

This amendment of mine brings the article before it can be 
touched in that relation to the Federal Government. Then I think 




a^ent of the Government to go to a party who has received ar- 
ticles of food or drugs from another State and demand a sample 
of those while they exist as a subject of intei-state commerce, 
which is up to the time that they remain in the original pack- 
age, unbroken, and before they become mixed with the great mass 
of property in the State. When that time comes then the State 
laws come in and operate upon the question of purity and the 
examination and inspection of the article. The jjurpose of my 
amendment was to make that clear and distinct. Perhaps tlie 
bill meant really the same, but I believe we should be very clear 
in this matter and leave no room for doubt. 

My amendmontcovers the case where there is a sale of an article 
in the originKl package. The article is still subject to interstate- 
commerce regulations, but as soon as it becomes subject to the 
jurisdiction of the police power of the States, up to the time that 
it passes from the hands of the party who received it fi-om another 
State by sale or by the breaking of the package and mixing it 
with the mass of property in the State, it is still the subject of 
interstate commerce. 

Mr. BUTLER. Mr. President, let the amendment be reported 
again. 

The PRESIDING OFFICER. The amendment already adopted 
will be read. 

The Secretary read section 7 as amended on the motion of Mr. 
Faulkner. 

Mr. BUTLER. Is that a substitute? 

The PRESIDING OFFICER. It is the section as it has been 
amended, which has been read as far as the Secretary proceeded 
with the reading. 

Mr. HARRIS. I should like to ask the Senator from Missouri 
or the Senator from West Virginia, for I have not Icept up with 
these amendments, if the taking of these samples and the analysis 
of them js confined to the thing that has entered into interstate 
commerce? 



Mr. VEST. Precisely. 

Mr. HARRIS. Then I do not see exactly why you should go 
to a manufacturer for a sample, because while the thing remains 
in the hands of the manufacturer it is not a thing in interstate 
commerce. When it has gone into the hands of the common 
carrier on its way to its final destination and has been received by 
the common carrier I understand it to be a subject of interstate 
commei-ce and it continues in interstate commerce until it reaches 
its destination. 

I desire to know if this system of demanding samples is broad- 
cast in respect to manufactories and productions of States while 
in the States and before they have b,-come things actually m in- 
terstate commerce, because in the one case I think the legislation 
would be constitutional, and in the other I am quite satisfied it 
would not be. 

Mr. VEST. Mr. President, of course I do not hold myself at 
all i-esponsiblefor this amendment, but it passed the Senate with- 
out any negative vote. I simply call the attention of its friends 
to the fact that the operation of it Ls confined exclusively to the 
manufacturer. Under this amendment, as adopted, if a manu- 
facturer in a State sells an article manufactm-ed to another party , 
and that pai-ty ships it or makes it the subject of intei-state com- 
merce, puts it into the hands of the common carrier, then this 
amendment does not apply. That is the meaning, as I understand, 
of the Senator fr-om West Virginia. In other words, an article 
may be adulterated and deleterious to health aud life; but if it 
passes out of the hands of the manufacturer to another citizen of 
the State and he becomes the shipper to another State or Terri- 
tory, then the article shipped is not subject to this amendment. 

Mr. FAULKNER. I should like to ask the Senator from Mis- 
souri whether he thinks, if the manufacturer adulterates an arti- 
cle and sells it in the State and is not in any way responsible for 
its transportation from that State into another State, he can be 
made criminally responsible under any Federal statute'^ 

Ml-. VEST. I do not know. 

Mr. FAULKNER. -My idea is that he can not be, and for that 
reason I have limited it to the manufacturer who adulterates in 
the manufacture of the article and delivers for transportation to 
another State. 

Mr. VEST. I may bj mistaken, Mr. President, as to the scope 
and purpose of this proposed legislation, but it has been my im- 
pression, and nothing in the debate has removed it, that the 
friends of this measure intended it toapplv to all products which 
were being shipped from one State or Territory to another or 
from this counti-y to a foreign country: that it was not a penal 
statute alone intended to punish the adulteration of food or drugs, 
but that it was intsnded to got rid of a confessed abuse which 
now exists in this country in regard to adulteration. The amend- 
ment of the Senator from West Virginia, I simply suggest, con- 
fines the operation entirely to the manufacturer, and in any event, 
however much adulteration there may be in an article of food or 
medicine, if it passes out of his hands in the State and then is 
shipped to another State or Territory, this proposed law does 
not atT':ct it. But I am not posing here as a friend of the meas- 
ure: I simply make thj sug-gestion. 

Mr. KENNA. I should like to ask the Senator whether it is 
his understanding if a manufacturer of any particular article of 
food manufactures such article in such manner as to bring it 
within the terms of this bUl, v.-ill it be any the less an article of 
interstate commerce because it is sold to a second or third party 
who ships it to another State than if he ships it himself? And ft 
he ships it or sells it to somebody clsa who ships it, would it not 
still be just as much a matter of jurisdiction for Congress as an 
article of interstate commerce adulterated as if the original man- 
ufacturer shipped it himself? 

Mr. VEST. Unquestionably it would. 

Mr. KENNA. That being the ease, ought not this provi- 
sion—and I make the same suggestion to my colleague— apply 
just as well in that particular case to the manufacturer as to the 
second, third, or tenth man v.iio shipped it across the line? 

Mr. VEST. I am not talking about the amendment as to the 
manufacturer, but I am talking about the fact that it stops with 
the manufacturer. Of course it never becomes an article of in- 
terstate commerce unless it is put in (ransilu, into the hands of 
a common carrier, and is actually upon its passage from one 
State or Territory into another. We all agree about that. 
Whether we are friendly to the bill or against it we all agree as 
to that definition. 

This amendment confines its operation to the product in the 
hands of the manufacturer, and when ho makes it an article of 
interstate commei'ce ho lifts it out of the class of cases to which 
the other Senator from West Virginia referred. Where the man- 
ufacturer has sold it in the State to a person who has purchased 
it and takes it to a common carrier, he starts it from that State to 
another. That is ihe operation of the amendment. If that is the 
intention of it, very well. 

The PRESIDING OFFICER. If there be no further amend- 



1852 



CONGRESSIONAL RECORD— SENATE. 



Maech 8, 



ments intended to perfect tlie sections, the question recurs on the 
motion to strike out, on which the yeas and nays have been or- 
dered. 

Mr. GEORGE. Mr. President, I think undoubtedly the con- 
struction put by the Senator from Missouri [Mr. VEST] upon the 
amendment offered by tho Senator from West Virginia [Mr. 
Faulkner] is correct, and because it is correct I think it is a 
very meritorious amendment to the bUI. I regard this whole 
legislation as vicious. As the bill now stands it can have no 
operation upon any shipper except the manufacturer, and for 
that I'eason I hope that no amendment will bo made which will 
enlarge the scope and operation of that part of the bill. 

Mr. WHITE. T should like to ask a question as to tho opera- 
tion of this amendment. Suppose a manufacturer manufactures 
adulterated goods and sells them to a third party, and that third 
party ships them before the original package is broken, would 
they come under the provisions of this bill? 

Mr. FAULKNER. If in the hands of the consignee in the 
State to which they arc shipped in the original or unbroken pack- 
age, they come under the terms of this bill, and not until then. 

Mr. WHITE. Then the criticism made by the Senator from 
Missouri [Mr. Vest] is not well taken. As I understand the 
amendment, it only makes the shipment wrong when it is done 
by tho manufacturer. Therefore, if he sells the goods to a third 
person and that third person ships them, the provisions of the 
bill do not apply. 

Mr. VEST. Of course not. 

Mr. WHITE. That makes the section wholly inoperative. 

Mr. FAULKNER. Mr. President, it strikes me that there 
can not be any misunderstanding about my amendment. I, of 
course, intend to limit it to the action of the manufacturer in 
shipping an article and making it an article of interstate com- 
merce, because if he .sells an adulterated article to any one in the 
State where manufactured, then the State law takes care of that 
matter and will punish him; but if he sells it to a third party and 
that party then ships it into another State, the consignee who 
I'eceives it would be required vmder the tei-msof this amendment 
to give asample of it to the officers of the Government and have 
it analyzed, and if it were found to be adulterated he could be 
punished. 

Mr. VEST. Mr. President, the remarks of the Senator from 
West Virginia illustrate the operation of this bill better than 
anything I have said about it. He says if an article is adulter- 
ated by the manufacturer and sold in the State, then the State 
laws will take hold of it. The very object of this legislation is 
to do what the States are presumed not to have done, or else to 
make this legislation apply to an article that becomes the sub- 
ject of interstate commei-ce. Now, it is very evident that if the 
State laws are enforced in regard to the adulteration of food or 
drugs there can be, except tho ordinary defects which arise in 
all human legislation, no shipment from one State to another of 
adulterated food or drugs. If the State does its duty and enforces 
its statutes, as a matter of course there will be nothing the sub- 
ject of interstate commerce which is adulterated. 

But we are attempting here now to supplement, or, in other 
words, to do what the State ought to do by the instrumentalities 
of the General Government and vmder the interstate-commercs 
clause of the Constitution. I think ho is a very bold legislator 
who will rise here and say that the pol ice powers of the States do 
not apply to the quarantine and inspection laws. I take it that 
no Senator will do so. But we are now attempting imder the 
'interstate-commerce clause of the Constitttion to supplement the 
police power of the States. If what the Senator from West Vir- 
ginia contemplates should be done, and the police power of the 
State is fairly and honestly exercised upon all the articles of food 
and drugs within its limits, there will bo nothing to bo shipped to 
any other State or Territory from that State which is adulterated. 
The whole meaning and object of this bill is to do by the General 
Government what the States have already done or what they 
should have done. 

Tho PRESIDING OFFICER. The pending question is on the 
motion to strike out sections 7 and 8 as they have been amended. 
On this question the yeas and nays have been ordered. 

Tho Secretary proceeded to call the roll. 

Mr. BUTLER (when his name was called). I am paired with 
the Senator from Pennsylvania [Mr. Cameron]. If he were 
present I should vote "'yea.'' I do not know how he would vote. 

Mr. CULLOM (when his name was called). I am paired with 
the Senator from Delaware [Mr. Gray], and therefore am not at 
liberty to vote. 

Mr. FAULKNER (when his name was called). I am paired 
with the junior Senator from Pennsylvania [Mr. Quay]. I am 
informed by the Senator in charge of this bill that he hasauthor- 
ity to state that the Senator from Pennsylvania is in favor of the 
bill. That being so, I vote "nay.'' 

The PRESIDING OFFICER (Mr. Platt, when his name was 



called). The present occupant of the chair is paired with the 
Senator from Virginia [Mr. Barbour]. He would vote "nay" 
if the Senator from Virginia were present. 

Mr. PROCTOR (when his name was called). I am paired with 
the Senator from Florida [Mr. Call]. If he were here I should 
vote "nay." 

Mr. WALTHALL (when his name was called). I am paired 
with the Senator from Rhode Island [Mr. Dixon]. If at liberty 
to vote I should vote "yea." 

Mr. WHITE (when his name was called). I am paired with 
the Senator from Montana [Mr. Power]. If at liberty I should 
vote "yea." 

The roll call was concluded. 

Mr. BERRY. I desire to state that my colleague [Mr. Jones 
of Arkansas] is paired with the Senator from New York [Mr. 
Hiscock]. My colleague, if present, would vote "yea." 

Mr. CAREY. I am paired with the Senator from South Caro- 
lina [Mr. Irby]. If he were present I should vote "nay." 

Jlr. M ANDERSON. I am paired with the Senator from Ken- 
tucky [Mr. Blackburn], but I am informed that the Senator 
from Oregon [Mr. MITCHELL] is not paired on this question. I 
will therefore pairhim in his absence with the Senator from Ken- 
tucky [Mr. Blackburn], and will vote. I vote "nay." 

The result was announced — yeas 19, nays 31; as follows: 

YEAS— 19. 



Bate, 




Colquitt, 


Keuna, 


Turple, 


Berry. 




George, 


Morgan, 


Vance, 


Carlisle, 




Gibson, Md. 


Palmer, 


Vest, 


Chilton, 


^ 


Harris. 


Pasco, 


Vilas. 


Coke, 


X 


Hawley, 


Ransom, 








NAYS~3I. 




AUeu, 


c= 


Prye, 


Morrill, 


Stanford. 


Allison, 


^■" 


Gallinger. 


Paddock, 


Stockbridge 


Casey. 


03 


Hale, 


Perkins, 


Teller, 


Coclirell, 


03 


Hansbrough, 


Sanders, 


WaiTen, 


Davis. 


CO 


Hlegins, 
Kyle, 


Sawyer, 


Washburn, 


D.iwes, 




Sherman, 


Wilson, 


Dolph. 


•*-* 


McMillan, 


Shoup, 


Wolcott. 


Faulkner, 


O 
03 


Mauderson, 


Squire, 






3 


NOT VOTING-38. 




Aldrich, 


CuUom, 


Hiscock, 


Power, 


Barbour, 


c/3 


Daniel, 


Hoar, 


Proctor, 


Blackburn 




Dixon, 


Irby, 


Pugh, 


Blodgett, 


O 

u_ 


Dubois, 


Jones. Ark. 


Quay, 


Bi-ice, 


Felton, 


Jones, Nev. 


Stewart, 


Butler, 


Gibson. La. 


McPherson, 


Voorhees, 


Call, 




Gordon, 


Mitchell, 


Walthall, 


Cameron, 




Gonnan, 


Pefler. 


White. 


Carey, 




Gray, 


Pottigrew, 




Chandler, 




Hill, 


Platt, 





So the amendment to the amendment was rejected. 

Mr. COCKRELL. I move to strike out section'9. 

The VICE-PRESIDENT. The amendment o} the Senatoi- 
from Missouri will be stated. 

The Secretary. It is proposed to strike out section 9, as fol- 
lows: 

Sec. 9. That in prosecutions (or violations of any of the provisions of this 
act proof of the act done shall be held to imply knowledge and Intent on the 
pan of the accused, imless such knowledge and Intent shall be disproved on 
the trial. It it be shown that said dealer Is innocent of any Intentional fraud, 
then the action in court shall lie against the dealers having furnished the 
accxised the articles in question, and these dealers shall be parties to the 
suit. 

The VICE-PRESIDENT. The question is ou the amendment 
proposed by the Senator from Missouri [Mr. Cockrell]. 

Mr. FAULKNER. What is the amendment? 

The VICE-PRESIDENT. To strike out section 9. The ques- 
tion is on the amendment proposed by the Senator from Mis- 
souri. [Puttmg the question.] The ayes appear to have it. 
The ayes have it, and the amendment to the amendment is 
agreed to. 

Mr. FAULKNER. Mr. President, is that vote on the adoption 
of the amendment? 

The VICE-PRESIDENT. It is. The Chair will put the ques- 
tion again. The question is on the amendment of the Senator 
from Missouri to strike out section 9. [Putting tho question.] 
The ayes appear to have it. The ayes have it, and the amend- 
ment to the amendment is agreed to. 

Mr. PADDOCK. Mr. President, I understood that my friend 
the Senator from West Virginia [Mr. Faulkner] desired to offer 
a modification of the section. I do not think he quite understood 
the stage of parliamentary progress. 

Mr. FAULKNER. I understood very well the stage of the 
question, but the President did not give me a chance to offer my 
amendment. 

Mr. HARRIS. The Chair put the question the second time. 

Mr. FAULKNER. I do not think the amendment of the Sen- 
ator from Missouri will affect the bill very much, and therefore 
I did not insist upon recognition by the Chair in order to offer 
the modification which I proposed to offer. 

Mr. PADDOCK. I think, under the circumstances, the Sena- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



1905 



of intoxicating liquors, would oppose it. The Committee on Territories, of 
which Senator PLATT is chairman, and who is a strict temperance man, no 
doubt moved thereto by my representations concerning affairs in Alaska, 
are investigating by witnesses matters concerning Alaskan affairs, and I 
hope will be able to report some measure that will accomplish something to 
preserve the natives of Alaska from the evils of intemperance. 
Yours, truly, 

J. N. DOLPH. 
To the Editor of The Oregonian, 

Portland. Oregon. 

Mr. DOLPH. I will ask leave to have printed as part of my 
remarks the two bills relating to this question introduced by me, 
that they may go together. 

The VICE-PRESIDENT. Is there objection? The Chair 
hears none. 

The bills referred to are as follows: 

A bill (S. 628) to enlarge the ."jurisdiction and to fix the compensation of 
United States commissioners in Alaska, to regulate appeals from their 
judgments, to provide for the appointment of additional commissioners, 
and for other ijurposes. 

Be it enacted by the Senate and House of Jleprei^entutives of the United States of 
America in Congress assembled. That in addition to the duties and powers ex- 
ercised by the United States commissioners in and for the district of Alaska 
they shall have and exercise all the duties, powers, and jurisdiction vested 
in, exercised, and held by county judges under the general laws of the State 
of Oregon so far as said laws may be applicable in said district, and not in 
conflict with the laws of the United States; and they shall receive such fees 
a.s notaries public and for recording instruments as are allowed by said laws 
of Oregon for similar services, and in addition thereto an annual salary of 
J2,000 each, payable out of the Treasury of the United States, which salary 
shall be In lieu of all fees for services rendered in a judicial capacity or as 
United States commissioners. An appeal shall lie from the orders and judg- 
ments of said commissioners to the district court of said district in all cases, 
civil and criminal, where an appeal is allowed under said general laws of the 
State of Oregon from an order or judgment given in the county court or by 
a justice of the peace, and in the manner prescribed by such general laws. 

SEC. 3. That there shall be appointed hy the President thrci- addition-.l 
commissioners in and for said district of Alaska, who shall have the juris- 
diction and powers conferred upon commissions by an act entitled ''An act 
providing a civil government for Alaska," approved' May 17, 188-1, and by this 
act, and the President shall designate the place where each of said commis- 
sioners shall reside, and may determme and establish by executive order 
the limits and boundaries of the districts of each of the commissioners of 
said district. 

*<■. 3. That all violations, after the passage of this act, of chapter 3, Title XXIII, 
of the Etmsed Statutes, and of section 14 of an act entitled "An act proiiUlinq a 
civil government for Alaska,'' for which the penalty 2irovided by law is. or nnJer 
any act of Congress passed hereaj'ter shall be. not exceeding %5oo.^ne. or si.t months' 
imprisonnient. or both such .fine and imprisonment, shall be tried by the court 
U'itliout the intervention of a jury. 

Sec. 4. That hereafter no special tax shall be collected by the United Slates from 
any wholesale or retail liquor-dealer, or any wholesale or retail dealer in malt 
liquors, or license to retail spirituous or malt liquors granted to any such dealer 
within the district of Alaska, unless such dealer has been designated in the jnanner 
provided by law to sell such spirituous or malt liquor for inedicinal, mechanical, 
scientific, and sacramental purposes. 

Sec. 5. That it shall be the duty of the marshal and deputy marshals of said dis- 
trict, of the collector of custofn.^. and all deputy collectors of customs and customs 
officers to seize and destroy all spirituous and malt liquor found inprocesss of7nan- 
vfacture in said district, or offered, exposed, or intended for sale therein by any 
person or persons who have /lot been lawfully designated to dispose o,/" the same 
for inedicinal. mechanical, scientific, or sacramental purposes, and to forthwith re- 
port the same, with a statement of the time, place, and circumstances, to the col- 
lector of customs, if the seizure is made by an officer other than the collector of cus- 
toms, and the collector of customs shall at once report all seizures to the Secretary 
of the Treasury. It shall be the duty of the marshal and of all deputy Jnarshals 
xchen called upon by any customs officer to aid him inmaking any suchseiznre. and 
the marshal and any deputy marshal whenever he is .forcibly resisted in endeavor- 
ing to enforce or aid in enforcing this section, or is iy violence, threats, or menace 
prevented from enforcing this section or aiding in its enforcement, is empowered 
to summon and call to his aid any bystanders or posse comitatus of his district. 
Spirituous or malt liquors displayed or found in a saloon, brewery, or other place 
where liquors are offered for sale, shall be conclusively presumed to be intended for 
sale. 

Sec. 6. That so much and such parts of an act entitled "An act providing 
a civil government for Alaska," approved May 17, 1884, as are In conflict with 
this act are hereby repealed. 

A bill (S. 1076) to license and regulate the sale of Intoxicating licjuors in the 
district of Alaska. 
Be it enacted by the Senate and House of Representatives of the United States of 
America in Congress assembled. That from and after the passage of this act, upon 
the written or printed application of any white resident of the district of 
Alaska over 21 years of age. of good charatcr, to the governor of Alaska tor a 
license to sellintoxicating liquors at some designated place in said district for 
a period of not exceeding one year, and upon the execution and presentation 
and tiling with the treasiu-er of said district of the bond of the applicant, 
with sufllcient sureties satisfactory to the governor, in the penal sum of 
81, O00,eonditioned that theapplicautshallkeepan orderly house, .and willnot 
sell into.xicating liquors to Indians or minors under the age of 18 years, and 
upon the payment into the treasury of the said district of the sum of K50. to 
be disposed of as other moneys received for public dues in said district, the 

?'Overnor of said district, if it shall be made to appear to him that said applicant 
e a proper person to receive such license, and that a license should be issued to sell 
intoxicating liquors at the place mentioned in the petition, shall issue a license to 
said applicant, authorizing him to sell on iceek dai/s and between e o'clock ante 
meridian and 12 o'clock midnight only, distilled, malt, or fermented liquors, wines, 
or cordials, to be drunk on the premises, or in quantities of less than one quart 
to persons other than Indians or minors under tlie age of 18 years. 

Sec. 2. For any breach of the conditions of said bond, by keeping a disorderly 
house, by selling liquor to Indians or minors under the age of is yi urs. for smug- 
gling liquors into said district, or aiding or abetting such smuggling, for ami 
violation of the provisions of chapter 3. of Title XXIII. of the lie-vised Statutes 
of the United States, or of section 14 of an act entitled "Anact providing a civil 
government for Alaska." as modified by this act. such license shall be revoked by 
the governor of said district, who shall cause suit to be brought upon, said bond 
the penalty whereof shall be considered and treated as liquidated damages, anil 
the licensee shall in addition be liable to all the pains and penalties provided bii 
law for such violation of the statute. 

Sec. 3. Upon application of said licensee the collector of customs for said 
district of Alaska shall is.sue to him a permit to import into said district, lor 



sale m accordance with and under the limitations and restrictions provided m 
said license, distilled and malt liquors, wines, and cordials, iu such quantities 
as he shall deem reasonable. 

Sec. 4. So much and such parts of chapter 3. of Title XXIII, of the Revised 
Statutes of the United States and of an act entitled "An act providing for a 
cirtl government lor Alaska," approved May 17, 1884, as are In conflict with 
this act, are hereby repealed. 

Mr. PEFFER. Will the Senator from Oregon allow me to ask 
him a question? 

Mr. DOLPH. Certainly. 

Mr. PEPPER. In what respect does ho think the bill proposed 
by him will improve the condition of affairs with reference to the 
sale of liquor in Alaska? 

Mr. DOLPH. I attempted to state that the other day when I 
was interrogated by the Senator from North Dakota. As it is 
now, there is nobody except a few missionaries, school teachers, 
ladies, and persons in Government employ who are willing to as- 
sist tbe officers of the Government in suppressing the traffic. 
There is no public opinion in Ala,ska in favor of enforcing the 
law. The white population consists of about 4,000 whites, half- 
breeds, Russians, nearly all of v,fhom will have liquor, and who 
are there for the purposes of mining, prospecting, and trading. 
The population is not such a populatton as will aid the officers in 
enforcing the law. 

The proposition here is to license a few, such as the governor 
of the Territory shall deem to be suitable persons, and at places 
where he thinks liquor may be safely sold: but to require them 
to pay a license fee, require them to give a bond with a penalty 
conditioned that they will not sell liquor to Indians or to mi- 
nors, and that they will not violate the law in regard to the in- 
troduction and sale of liquors in Alaska, and providing that in 
case they do the penalty of the bond shall be collected from them, 
that their license shall be revoked, and that they shall be sub- 
ject to all the other penalties provided by law. The hope is that 
if some of these saloon-keepers are licensed who can sell liquor 
under a license to the white people who will have it, they will 
be interested in looking after others who do not pay license but 
smugg-le liquor into Alaska and sell it to Indians, and that they 
will aid the officers in preventing that from being done. That 
is the only practicable way, in my judgment, to regulate or sur- 
jiress the liquor traffic in Alaska. If anybody who knows me, or 
ever has known me, supposes that I would propose a measure 
concerning the introduction or sale of liquor that would be inju- 
rious to the natives of Alaska, or a measure that was not intended 
to restrict rather than to enlarge the sale, I am sorry that such 
persons have so poor an opinion of me. 

PRESIDENTIAL, APPROVAL. 

A message from the President of the United States by Mr. O. 
L. Pruden, one of his secretaries, announced that the President 
had this day approved and signed the act (S. 821) to provide for 
a term of the circuit and district court at Littleton, N. H. 

PRINTING OF A BILL AND REPORT. 

Mr. PROCTOR. I ofi'er a resolution providing for printing 
500 copies of Report 317 for the use of the Committee on Military 
Affairs, and I ask for its immediate consideration. 

The VICE-PRESIDENT. The resolution will be read. 

The Chief Clerk read the resolution, as follows: 

Resolved, That there be printed for the use of the Committee on Military 
Affair's 500 copies of Report No. 317, being a report on the bill (H. R, 328) 
to establish lineal promotion throughout the several lines of the artillery, 
cavalry, and infantry of the Army. 

By unanimous consent, the Senate proceeded to consider the 
resolution. 

Mr. MANDERSON. I think that should be amended to in- 
clude the bill as well as the report; and I will state that the Com- 
mittee on Printing has made the needed investigation and finds 
the cost of printing much below the limit of $.500 fixed by the 
law. I move to amend the resolution the way I have indicated. 

The VICE-PRESIDENT. The resolution as proposed to be 
amended will be read. 

The Chief Clerk read as follows: 

Resolved, That there be printed for the use of the Committee on Military 
Affairs 500 copies of the bill (E. R. 338) to establish lineal promotion through- 
out the several lines of the artillery, cavalry, and infantry of the Army, and 
report No. 317 thereon. 

The VICE-PRESIDENT. The question is on the amendment. 

The amendment was agreed to. 

The resolution as amended was agreed to. 

ADDITIONAL CLERK TO JUDICIARY COJDIITTEE. 

Mr. HOAR submitted the following resolution; which was 
read: 

Resolved, That the Committee on the Judiciary be authorized to appoint 
an additional clerk, to be paid at the rate of f6 per day, out of the contingent 
fimd of the Senate, said appointment to expire on the 1st day of June, 1892. ' 

Mr. HOAR. I should like to state for the information of the 
chairman of the Committee on Contingent Expenses that the 
Judiciary Committee have found it necessary in years past to 



XXIII- 



-120 



1906 



CONGRESSIONAL RECORD— SENATE. 



Maech 10, 



have an additional clerk for a limited time. That was done 
■when the then Senator from Vermont, Mr. Edmunds, was cliair- 
mau. At the present session the business of that committee has 
accumulated, for causes which are known to the Senate very 
well for the last five or six weeks, and the present clerk has 
broken down on account of trouble with his eyes occasioned by 
his work. I hope they will be restored in four or five weeks, but 
thai is the occasion for asking for this additional clerk at the 
present time. 

I ask that the resolution may be referred to the Committee to 
Audit and Control the Contingent Expenses of the Senate. 

The VICE-PRESIDENT. That reference will be made under 
the rules. 

Mr. PADDOCK subsequently, from the Committee to Audit 
and Control the Conting-ent Expenses of the Senate, reported the 
resolution without amendment. 

The VICE-PRESIDENT. The report will be receivcd^^ifctiie 
absence of objection. 

Mr. PADDOCK. In view of the situation explained by the 
Senator from Massachusetts, the Committee on Contingent E.x- 
penses have considered it to be their duty to report the resolu- 
tion which he submitted this morning. I ask for its present con- 
sideration. 

The resolution was considered by unanimous consent and 
agreed to. 

AGRICULTUR.VL DEPARTMENT DEFICIENCY. 

The VICE-PRESIDENT. If there be no further morning busi- 
ness that order is closed, and the Calendar under Rule 8 is in 
order. 

Mr. HALE. I ask that the deficiency bill for the Department 
of Agriculture may be taken up at this time. 

Tliere being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill (H. R. 6836) making appi-o- 
priations to supply a deficiency in the Department of Agriculture, 
and for other purposes. 

The bill was reported to the Senate without amendment, or- 
dei'ed to a third reading, read the third time, and passed. 

NATHANIEL MAGEUDEE. 

The VICE-PRESIDENT. The first bill on the Calendar wUl 
now be stated. 

The bill (S. 1759) for the relief of the heirs of Nathaniel INIa- 
gruder was announced as first in order, and the Senate, as in 
Committee of the Whole, proceeded to consider the bill. It pro- 
vides for the payment of $950 to the heirs of Nathaniel Magru- 
der, of the District of Columbia, in full compensation for dam- 
ages inflicted upon his property and the health of himself and 
family by the grading of Thirty-fifth street, in West Washing- 
ton; one-half of the sum to be chargeable to revenue derived 
from taxation in the District of Columbia. 

Mr. COCKRELL. Let the report be read in that case. 

The VICE-PRESIDENT. The report will be read. 

The Secretary read the following report, submitted by Mr. 
Vance February 1, 1892: 

The Committee on the District of Columbia, to whom was referred the bill 
(S. 1759) for relief of the heirs of Nathaniel Magruder, respectfully report: 

Nathaniel Magruder, during his life, was the o'mier of a house and lot sit- 
uated on Thirt y-litth street, In Georgetown, D C. It was located in a hollow 
or basin-like depression of the ground on the upper or west side of said 
street. In pursuance of a system of improvements made by the city author- 
ities, Thirly-tifth street, in front of complainant's house, was filled up to a 
level with the second floor of his house, and the arriingemont for the carry- 
ing olT the surface water was such as to be entirely beyond the means^f Ma- 
gruder, who was a very poor man. The authorities neglected or I'eiijl"* 
inctu" the expense necessarj' for the proper drain.age, and the conseqi 
was that the whole surplus water of the entire basin was emptied into anil 
around the foundation of complainant's hotise. 

These fact appeared on a personal visitation by a member of your commit- 
tee. The premises were, in fact, rendered uninhabitable, and the complain- 
ant and his family suffered greatly in health in addition to the utmost discom- 
fort and inconvenience. 

The committee is satisfied that the bill (S. 1759) is a just one, and that the 
amount fixed— $050— is a very small siuu, indeed, iia compensation of the in- 
juries and damages inflicted by this improvement in behalf of the public. 

Yottr committee, therefore, recommend that the bill be passed, believing 
that this case is so obviously deserving as to make It an exception to the 
general policy adopted in regard to street improvements. 

The bill was reported to the Senate without amendment, or- 
dered to bo engrossed for a third reading, read the third time, 
and passed. 

THOMAS G. HAYES. 

The bill (S. 1612) to compensate Thomas G. Hayes for legal 
services rendered under direction of the Attorney-General was 
considered as in Committee of the Whole. It provides for the 
payment to Thomas G. Hayes, late United States attorney for 
the district of Jlaryland, of $800, the amount approved by the 
Attorney-General, for legal services rendered, under direction 
of the Attorney-General, in defending the Government's title to 
the site of Hawkin.s Point light-house, Maryland, and for like 
services in the ejectment suitof Pergusoni'«. Hamlen, to recover 





possession of certain land adjacent to Battery Island, Susque- 
hanna River, and occupied by the United States Fish Commission. 
Mr. WILSON. There is no written report accompanying the 
bill, and I will make a brief statement concerning it. The bill 
was referred by the committee to the Attorney-General for in- 
formation, and he gives this response: 

Senate bill 1612 is a bill to comijeusate Thomas G. Hayes for legal serv- 
ices rendered tnider the direction of the Attorney-General. I do not noW re- 
member the amount approved as due Mr.Hayes by this office, except as is stated 
in this bill. If the amount stated be correct as approved, then I not only 
have no objection to the bill, but think to thus provide for a just deUt Gt the 
Government would be a most commendable piece of legislation. 

Further examination of the subject by the committee estab- 
lishes the fact that the amoimt specified in the bill was the 
amount found due by the Government to the party for the serv- 
ices rendered. I therefore see no objection to the passage of the 
bill, and hojie that it may be passed immediately. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third i-eading, read the third time, 
lasscd. 

DISTRICT INSPECTOR OF PLUMBING. 

The bill (S. 1492) to authorize the appointment of an inspector 
of plumbing in the District of Columbia, and for other purposes, 
was considered as in Committee of the Whole. 

The bill was reported from the Committee on the District of 
Columbia with amendments. 

The first amendment was, in section 1, line 16, after the word 
"not," to strike out "less than twenty-five nor;" and in line 19, 
after the word "imprisonment," to strike out "for" and insert 
" not to exceed;" so as to make the section read: 

That the Commissioners of the District of Columbia and their successors 
be, and they hereby are, authorized and empowered to make, modify, and 
enforce regiUatlons governing plumbing, house drainage, and the ventila- 
tion, preservation, and maintenance in good order of house sewers and pub- 
lic sewers in the District of Columbia, and also regulations governing the 
examination, registration, and licensing of plumbers and the practice of the 
business of plumbing in said District; and any person who shall neglect or 
refuse to comply with the requirements of the" provisions of said regulations 
after ten days' notice of the specific thing required to be done thereimder, 
^^•ithin the time limited by the Commissioners for doing such work, or as the 
said time may be extended by said Commissioners, shall upon convlctiou 
thereof be punishable by a fine of not more than $300 for each and every such 
offense, or in defatilt of payment of flue, to Imprisonment not to exceed 
thirty days. 

The amendment was agreed to. 

The next amendment was, in section 4, line 4, after the word 
"necessary," to insert "which may be authorized by appropri- 
ations made by Congress;" so as to make the section read: 

Sec. i. That the said Commissioners of the District of Columbia and their 
successors be, and they hereby are, authorized and empowered to appoint an 
inspector of plumbing and such number of assistants as they deem necessary, 
which may be authorized by appropriations made by Congress, not exceed- 
ing fotn', in and for the District, whose duty it shall be, under the direction 
of said Commissioners, and they are hereby empowered accordingly, to 
inspect or cause to be inspected all houses when in course of erection in said 
District, to see that the pUimbing, drainage, and ventilation of .sewers thereof 
conform to the regtdations hereinbefore provided for; and also at anytime, 
during reasonable hours, under like direction, to inspect or cause to be in- 
spected any house In said District, to examine the plumbing, drainage, and 
ventilation of sewers thereof, .and generally to see that the regulations here- 
inbefore provided for are duly observed and enforced. 

The amendment was agreed to. 

The next amendment was to strike out section 5, as follows: 
Sec. 5. That the salary of the inspector of plumbing shall bo $2,000 per an- 
num, and that of each of the assistants $1,200 per annum, payable monthly. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 
The bill was ordered to be engrossed for a third reading, read 
third time, and passed. 

DISTEICT WATER REVENUES. 

The bill (S. 1884) to prevent fraud upon the water revenues of 
the District of Columbia was considered as in Committee of the 
Whole. 

By the bill, any person who, with intent to injure or defraud 
the District of Columbia, shall make or cause to be made any k 
pipe, tube, or other instrument or contrivance, or connect the n 
same or cause it to be connected with any water main or service 
pipe or other pipe for conducting or supplying Potomac water, 
in such manner as to pass or carry the water, or anj' portion 
thereof, around or without passing through the meter provided 
for the measuring and registering of the Potomac water supplied 
to any premises, or who shall, without permission from the Com- 
missioners of the District, tamper with or break any water meter 
or break the seal thereof, or in any manner change the i-eading 
of the dial thereof, shall be deemed guilty of a misdemeanor, 
and upon conviction shall be ptmished by imprisonment not ex- 
ceeding six months, or by fine not exceeding $260. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 



1092. 



CONGRESSIONAL RECORD— HOUSE. 



1925 



that under the law receive copies of public documents there would 
be duplicates. 

Mr. WILSON. As we shall not bs able to conclude this sub- 
ject this afternoon 

Mr. VEST. I think we can get a vote now. 

Mr. WILSON. In order that Senators may reflect upon this 
particular phase of the bill at this time and in order that we may 
attend to some executive matters, I move that the Senate pro- 
ceed to the consideration of executive business. 

Mr. ALLISON. Before that motion is put I ask my colleague 
to yield to me for a moment. 

The PRESIDING OFFICER (Mr. Platt in the chair). Does 
the Senator from Iowa yield to his colleague? 

Mr. WILSON. I will hear my colleague. 

Mr. ALLISON. I have been absent on committee work most 
of the afternoon and therefore have not listened to all of this in- 
teresting debate, but I did listen to the observations of the Sen- 
ator from Missouri [Mr. Vest] wherein he quoted somewhat 
from valuable tables. I should like to ask the Senator if those 
tables are to be printed in the Record? 

Mr. VEST. Yes, sir; except the one I hold in my hand, which 
I shall ask to have printed as an executive document. 

Mr. ALLISON. Very well. I think those documents may be 
of value to us when we come to a final vote on the bill, and I should 
like to have them in print. 

Mr. MANDERSON. Not in the RECORD? 

Mr. ALLISON. Not the large one. 

Mr. VEST. I ask that it be printed as a document. 

The PRESIDING OFFICER. The Senator from Missouri asks 
that the document which he holds in his hand may be printed as 
a public document. If there be no objection, it will be so ordered. 

Mr. VEST. Now, if the Senate is to adjourn over I will ask 
that the substitute which has been adopted by the Senate be 
printed. 

The PRESIDING OFFICER. That order will be made, if 
there be no objection. 

Mr. GEORGE. I should like to offer an amendment to the 
bill and have it printed. 

The PRESIDING OFFICER. The Senator from Mississippi 
submits an amendment which he proposes to offer to the bill and 
he asks that it be printed. 

Mr. GORMAN and Mr. VEST. Let it be read. 

The PRESIDING OFFICER. The proposed amendment will 
be read . 

The Chief Clerk. Insert as an additional section the follow- 
ing: 

Sec. — . Thai all expenditures under the act shall be paid (or by the issue, 
in addition to the amount now authorized by law, of legal-tender Treasiu-y 
notes, which shall be engraved and printed and be redeemable and be re- 
ceived when taken up in the Treasury, in all respects as now provided by 
law lor legal-tender Treasury notes. 

JIESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House had agreed 
to the amendment of the Senate to the resolution of the House to 
print 10,000 copies of the addresses upon the presentation of the 
portraits of Hon. Galusha A. Grow and Hon. Samuel J. Randall 
by the Commonwealth of Pennsylvania. 

The message also announced that the House had passed the bill 
(S. 552) to amend the act approved March 1, 1887, relating to the 
Hospital Corps of the Army, with an amendment in which itre- 
quested the concurrence of the Senate. 

The message further announced that the House had passed the 
following bills and joint resolution; in which it requested the con- 
currence of the Senate: 

A bill (H. R. 4275) to grant to the Champlain and St. Law- 
rence Railroad Company a right of way across the Fort Mont- 
gomery military reservation; 

A bill (H. R. 6071) to amend section 1216 of the Revised Stat- 
utes, relative to certificates of merit to the enlisted men of the 
Army; 

A bill (H. R. 6493) providing for the taking of depositions in 
criminal cases; and 

A joint resolution (H. Res. 96) to authorize the loan of certain 
ensigns, flags, and signal numbers for the purpose of decoration 
of the streets and buildings of Washington on the occasion of the 
Grand Army encampment in September, 1892. 

The message also annoimcod that the House had disagreed to 
the amendments of the Senate to the following concurrent reso- 
lutions of the House, and asked conferences with the Senate on 
■the disagreeing votes of the two Houses thereon; 

A resolution to print the eulogies delivered in Congress upon 
Hon. Leonidas C. Houk, late a Representative from the State of 
Tennessee; and 

A resolution to print the eulogies delivered in Congress upon 



Hon. William H, F. Lee, late a Representative from the State of 
Virginia. 

EXECUTIVE SESSION. 

Mr. WILSON. I now ivnew mv motion. 

The PRESIDING OFFICER. The Senator from Iowa moves 
that the Senate proceed to the consideration of executive busi- 
ness. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After 5 minutes spent in 
executive session the doors were reopened and (at 4 o'clock and 
55 minutes p. m.) the Senate adjourned until to-morrow, Friday, 
March 11, 1892, at 12 o'clock meridian. 



NOMINATIONS. 

Executive nominations received by the Senate March 10, 1S03. 

JUDGES OF PROBATE. 

Isaac Burton, of Utah Territory, to be judge of probate in the 
county of Uinta, in the Territory of Utah, his term having ex- 
pired on .January 27, 1892. 

James McGarry, of Utah Territory, to be judge of probate in 
the county of Beaver, in the Territory of Utah, his term having 
expired on January 27, 1892. 

Daniel Page, of Utah Territory, to bj judge of probate in the 
countj of Iron, in the Territory of Utah, his term having expired 
on January 27, 1892. 

George C. Veile, of Utah Territory, to b3 judge of probate in 
the county of Millard, in the Territory of Utah, his term having 
expired on January 27. 1892. 

Lars P. Edholm, of Utah Territory, to be judge of probate in 
the county of Morgan, in the Territory of Utah, his term having 
expired January 27, 1892. 

PROMOTIONS IN THE ARMY. 

Medical Department. 

Lieut. Col. Joseph C. Baily, assistant medical purveyor, to be 
surgeon, with the rank of colonel, March 9, 1892, vice Norris, 
retired from active service. 

Maj. William D. Wolverton, surgeon, to be assistant medical 
purveyor, with the rank of lieutenant-colonel, March 9, 1892, vice 
Baily, promoted. 

Capt. John O. Skinner, assistant surgeon, to be surgeon, with 
the rank of major, March 9, 1892, vice Wolverton, promoted. 

APPOINTMENTS IN THE ARMY, MEDICAL DEPARTMENT. 

To he assistant surejeons ^cith the remk of first lieutenant. 

Francis A. Winter, of Alabama, March 9, 1892, vice De Hanne, 
retired from active service. 

William E. Purviance, of Illinois, March 9, 1892, vice Steimetz, 
retired from active service. 



CONFIRMATIONS. 

Executive nominations confirnud by the Senate March 10, 1S92. 

PROMOTION IN THE ARMY. 

Infantry arm. 
Second Lieut. Henry P. McCain, Third Infantry, to bo first 
lieutenant. 

COLLECTOR OF CUSTOMS. 

Stuart P. McClearn, of Massachusetts, to be collector of cus- 
toms for the district of Marblehead, in the State of Massachu- 
setts. 



HOUSE OF EEPEESENTATR^ES. 

Thursday, 3farch 10, 1892. 

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. 
W. H. MILBURN, D. D. 

The Journal of the proceedings of yesterday was read and ap- 
proved. 

GOLD AND SIL\rER CERTIFICATES. 

Tlie SPEAKER laid before the House a letter from the Act- 
ing Secretary of the Treasury, transmitting, in response to reso- 
lution of February 29, 1892, information relative to the amount 
of gold and silver certificates issued since January 1, 1878: which 
was referred to the Committee on Coinage, Weights, and Meas- 
ures, and ordered to be printed. 

PORTRAITS OF EX-SPEAKERS GROW AND RANDALL. 

The SPEAKER also submitted to the House the House concur- 
rent resolution providing for the printing of addresses delivered 
in the House of Representatives upon the presentation of the 
portraits of Galusha A. Grow and Samuel J. Randall, with an 
amendment of the Senate thereto. 



1926 



CONGRESSIONAL RECORD— HOUSE. 



Maech 10, 



Mr. RICHARDSON. Mr. Speaker, I ask unanimous consent 
thai that Senate amendment, which simply gives the Senate 1,000 
copies of these addresses, be concurred in. 
The amendment of the Senate was read, as follows: 
Resolved, Th:Lt the concurrent resolution of the House of Representatives 
to print "lO.OUO copies of the .iddresses on the i^resentation of the portraits 
of Hon. Galusha A. Grow and Hon. Samtiel J. Randall by the Commonweath 
of Pennsylvania " do pass with the following amendment: 

After "portraits," insert "1,000 to the folding room of the Senate, for the 
use of Senator.?." 

The amendment was agreed to. 

The concurrent resolution as amended was adopted. 

Mr. RICFIARDSON moved to reconsider the vote by which 
the resolution as amended was adopted; and also moved that the 
motion to reconsiderbe laid on the table. 

The latter motion was agreed to. 

THE DATE REPRESENTATIVE HOUK. 

The SPEAKER also laid before the House the House concur- 
rent resolution to provide for printing the eulogies delivered in 
Congress upon Leonidas C. Houk, late a Representative of the 
State of Tennessee, with an amendment of the Senate thereto. 

Mr. RICHARDSON. Mr. Speaker, I ask unanimous consent 
that the House disagree to that Senate amendment and ask for a 
committee on conference. 

The amendment was read, as follows; 

Itenohvd, That the concurrent resolution of the House of Representatives 
to print "the eulogies in Congress upon Leonidas C. Houk, late a Represent- 
ative of the State of Tennessee," do pass with the following amendment: 
" ' Line 5, strike out all after ' Tennessee ' to end of resolution, and insert: 

" Eight thousand copies ; of which number 2,000 copies shall be delivered to 
the .Senators and Representatives of the State of Tennessee, and of those re- 
maining 2.000 shaU be tor the use of the Senate and 4,000 tor the use of I he 
House of Representatives; and the Secretary of the Treasury is directed to 
have printed a portrait of the said Leonidas C. Honk to accompany the said 
eulogies.'" 

The House, by unan im ous consent, disagreed to the Senate 
amendment and asked for a committee of conference. 

THE LATE REPRESENTATIVE LEE OP VIRGINIA. 

The SPEAKER also laid before the House the concurrent reso- 
lution providing for the printing of the eulogies upon Hon. W. 
H. F. Lee, late a Representative of the State of Virginia, with 
an amendment of the Senate thereto. 

Mr. RICHARDSON. Mr. Speaker, that amendment is similar 
to the Senate amendment Just disagreed to; and I ask unanimous 
consent that in this case also the House disagree and request a 
conference. 

The Senate amendment was read, as follows: 

Hisolved, That the concurrent resolution of the House of Representatives 
to print the eiUogies delivered in Congress on Hon. W. H. F. Lee, a Repre- 
sentatives of the State of Virginia, do pass with the following amendment: 
' ' Line 5, strUso out all after ' Virginia, ' to the end of the resolution and insert : 

"'Eight thousand copies; of which number 2,000 copies shall be delivered 
to t he Senators and Representatives of the State of Virginia, and of those 
I-emaining 2,000 shall be for the use of the Senate and 4,000 for the use of the 
House of Representatives; and the Secretary of the Treasury is directed to 
have engi-avcd and printed a portrait of the said W. H. F. Lee to accompany 
the said eulogies.' " 

There being no objection, the House disagreed to the Senate 
amendment and asked for a committee of conference. 

UNITED STATES CmL SERVICE COMIUSSION. 

The SPEAKER also laid before the House a Senate concur- 
rent resolution providing for the printing of 23,000 of the eighth 
report of the United States Civil Service Commission; which 
was referred to the Committee on Printing. 

AHLITARY POST BETWEEN BURLINGTON AND HIGHGATE, VT. 

The SPEAKER also laid before the House a bill (S. 1233) to 
establish a military post on the line of railway between Burling- 
ton and Highgate, Vt. 

Mr. GROUT. Mr. Speaker, I ask unanimous consent that that 
bill be now considered without being referred to the Committee 
on Military Affairs. I make the request for the reason that an 
identical bill has been examined by that committee and reported 
favorably and unanimously to the House. 

The SPEAKER. Is there objection to the request of the gen- 
tleman from Vermont? 

Mr. McMILLIN. Reserving the right to object, let us have 
the title of the bill read again. 

The Clerk again read the title of the bill. 

Mr. McMILLIN. Still reserving the right to object. I will 
ask to have the bill read. 

The Clei-k proceeded to read the bill. 

Mr. McMILLIN (interrupting the reading). Mr. Speaker, I 
think that bill ought to take the regular course. Its provides 
for buildings and expenditures. 

Mr. GROUT. One word of explanation, if the gentleman 
pleases. The bill calls for no appropriation. It does not even 
direct the Secretary of War to construct this post 

Mr. McJSIILLIN, But it gives him authority to do so. 



Mr. OUTHWAITE. If the gentleman from Tennessee will 
permitme, I will state that a similar bill has baen reported favor- 
ably by the Committee on Military Affairs. 

Mr. McMILLIN. I understand that; but this bill ought to be 
considered by the House in the regular way. What it proposes 
may be the correct thing to do, but I want it deliberately con- 
sidered by the House. 

Mr. OUTHWAITE. Then, Mr. Speaker, I ask unanimous 
consent that the bill be allowed to lie on the Speaker's table for 
the present. 

Mr. McMILLIN. Until what time? 

Mr. OUTHWAITE. Until the Committee on Military Affairs 
shall be reached in its order. 

Mr. GROUT. Then the bill can be considered in the regular 
way. 

Mr. McMILLIN. I shall have no objection to that. 

Mr. BAILEY. A parliamentary inquiry, Mr. Speaker. In 
the event that that permission is given, can this bill Ije then 
taken up without unanimous consent? 

The SPEAKER. No. The Committee on Military Atlairs 
could not call up this Senate bill. They would have to call up a 
bill reported by themselves. 

SENATE BILLS REFERRED. 

The SPEAKER. The Chair lays before the House a number 
of Senate bills; and as the titles of these bills have already been 
printed in the Record, if there be no objection, the Chair will 
refer them without having the titles read. 

There was no objection, and it was so ordered. 

The following are the bills severally referred: 

A bill (S. 8) for the relief of Moses Pendergrass, of Missouri — 
to the Committee on Claims. 

A bill (S. 9) for the relief of E. R. Shipley— to the Committee 
on Claims. 

A bill (S. 16) for the relief of G. M. Hazen and others— to the 
Committee on Claims. 

A bill (S. 19) for the relief of Davidson Dickson and othei's — to 
the Committee on Claims. 

A bill (S. 43) for the relief of the personal representatives of 
Adelicia Cheatham, deceased — to the Committee on Claims. 

A bill (S. 113) to establish a military post near Little Rock, 
Ark. — to the Committee on Military Affairs. 

A bill (S. 115) for the relief of William W. Burns— to the Com- 
mittee on Claims. 

A bill (S. 205) to reimburse Maj. Green Clay Goodloe, paymas- 
ter United States Marine Corps — to the Committee on Claims. 

A bill (S. 232) for the relief of Otto A. Risum— to the Commit- 
tee on Claims. 

A bill (S. 236) for the relief of William Bond & Co., and others— 
to the Committee on Claims. 

A bill (S. 256) for the relief of Augustus Boyd — to the Commit- 
tee on Military Affairs. 

A bill (S. 393) to pi-ovide for the purchase of a site and the 
erection of a public building thereon at Boise City, in the State 
of Idaho — to the Committee on Public Buildings and Groimds. 

A bill (S. 438) to prohibit the sale of firearms and ammunition 
to the Indians residing upon reservations — to the Committee on 
Indian Affairs. 

A bill (S. 617) providing for the erection of a public building 
at the city of Spokane Falls, in the State of Washington — to the 
Committee on Public Buildings and Grounds. 

A bill (S. 661) for the regulation of the practice of dentistry in 
the District of Columbia and for the protection of the people from 
empiricism in relation thereto — to the Committee on the Dis- 
trict of Columbia. 

A bill (S. 698) to authorize the Secretary of the Interior to carry 
out, in part, the provisions of ''An act to divide a portion of the 
reservation of the Sioux Nation of Indians in Dakota into sepa- 
rate reservations, and to secure the relinquishment of the Indian 
title to the remainder, and for other purposes," approved March 
2, 1889, and making appropriations for the same, and for other 
purposes — to the Committee on Indian Affairs. 

A bill (S. 838) for the relief of the estate of John Ericsson — to 
the Committee on Claims. 

A bill (S. 852) for the relief of Mary L. Ross— to the Commit- ' 
tee on Claims. 

A bUl (S. 972) for the relief of the administrators of the es- 
tate of Isaac P. Tice, deceased — to the Committee on Claims. 

A bill (S. 975) for the relief of the legal representatives of 
Royal M. Hubbard — to the Committee on Claims. 

A bill (S. 976) tor the relief of Horace A. W. Tabor, of Col- 
orado — to the Committee on Claims. 

A bill (S. 977) for the relief of B. F. Rockafellow— to the Com- 
mittee on Claims. 

A bill (S. 978) for the relief of William M. Keightley— to the 
Committee on Claims. 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



1927 



A bill (S. 1106) for the relief of John W. Lewis, of Oregon— 
to the Committee on Claims. 

A bill (S. 1207) to provide for the purchase of a site and the 
erection of a public building- thereon at Alameda, in the State 
of California — to the Committee on Public Buildings and 
Grounds. 

A bill (S. 1220) granting a pension to Eliza K. Starr — to the 
Committee on Invalid Pensions. 

A bill (S. 1295) to authorize the construction of jetties, piers, 
and breakwaters at private expense, in the Gulf of Mexico, at 
the mouth of Ropes Pass, in the State of Texas — to the Commit- 
tee on Commerce. 

A bill (S. 1312) for the relief of Dr. John B. Read— to the Com- 
mittee on Claims. 

A bill (S. 1668) to authorize and regulate the construction of a 
bridge across the Kootenai River, at the town of Pry, countj- of 
Kootenai, State of Idaho — to the Committee on Commerce. 

A bill (S. 1681) making an appropriation for the construction 
of two United States revenue cutters for service on the Great 
Lakes — to the Committee on Commerce. 

Bf solved by the Senate (the House of Representatives concurring). That 23,000 
copies of the eitihth report of the United States Ciril Service Commission be 
printed, ol which 1,000 copies shall be for the use of the Senate, ^,0(W copies 
for the tise of the Hotise of Representatives, and 20,000 copies for the use of 
the United States Civil Service Commission; 

to the Committee on Printing. 

NAVAL APPROPRIATION BILL. 

Mr. HERBERT, from the Committee on Naval Affairs, re- 
ported a bill (H. R. 7093) making appropriations for the naval 
service for tlie fiscal year ending June 30, 1893, and for other 
purposes: which was read twice, referred to the Committee of 
the Whole House on the state of the Union, and, with the ac- 
companying report, ordered to be printed. 

Mr. McMILLIN. Mr. Speaker, it is imderstood that all points 
of order are reserved. 

The SPEAKER. That is underetood. 

ANNUAL CLERK FOR COlVmnTTEE ON ACCOUNTS. 

Mr. PEARSON. I am directed by the Committee on Accounts 
to report back favorably the resolution which I send to the desk, 
and to ask for its present consideration. 

The Clerk read as follows: 

lifsoh'ed. That the Committee on Aceottnts be allowed an annual clerk at 
the rate of 53,000 per annum; and the Committee on Appropriations are 
hereby Instructed to make provision for such clerk In the legislative, execu- 
tive, and judicial appropriation bill at the rate of $3,000 per annum from Julv 
1, 1802. _ ^ 

The SPEAKER. Is there objection to the present considera- 
tion of this resolution? 

There was no objection. 

The report of the committee was read as follows: 

The Committee on Accounts, to whom was referred the resolution of Mr 
EUSK of February 29, 1892, respectfully report that:the importance and scope 
of the work before the Committee on Accounts warrants them in asking an 
annual clerk. Current accotmts which have to be paid during the recess of 
Congress should receive as much attention as they do during the .session of 
Ctongress. When the present clerk was appointed, on the 13th day of De- 
cember, there were over one hundred and eighty accotmts. Involving the 
payment of J33,000, which had accumulated from the 5th of March, I89I, and 
which should have been audited monthly, but could not be done because of 
no clerk. It took the present clerk two months, aud from fotirtJen to sLxtevn 
hom'3 work per day, to catch up with his current work. The prilmpt audit of 
these accomits during the recess ol Congx'ess, when the facts can be more 
defluitely ascertained, would naturally restilt In the more correct disburse- 
ments ol the public money for the p.aymeut of debts contracted and falling 
due during that period. Owing to the facts set forth m the above repor^ 
yom- committee respectfully recommend that the resolution do pase. 

Mr. PEARSON. Mr. Speaker, the reasons for asking that the 
clerk of this committee be made an annual instead of a session 
clerk, are fuilly set forth in the report just read. I may be per- 
mitted to say that there are few committees in this House whose 
work is more important than that of the Committee on Accounts. 
When the committee took charge of the matters referred to it, 
■we found that there were pending before the committee 180 ac- 
counts which had accumulated during the recess, involving the 
expenditure of $33,000 in round numbers. It is important that 
accounts of this kind should be audited monthly, while the items 
composing them are fresh in the minds of the persons concerned; 
and I am perfectly confident that the additional amount which 
will be required to make this an annual clerkship will bo fully 
made up by the money which will be saved by reason of having 
a clerk always on duty who can audit these accounts at the proper 
time. I ask that the resolution be adopted. 

The resolution was adopted. 

On motion of Mr. PEARSON, a motion to reconsider the last 
vote was laid on the table. 

lilr. McMILLIN. I think we had better have the regular or- 
der, so that we may proceed with the measure pending before the 
House. 

The SPEAKER. The gentleman from Tennessee demands 
the regular order. 






CORRECTION OF A RULE. 

INIr. RICHARDSON. I desire to make a privileged report. 
It is to correct an error in clause 3 of Rule XXII. In the pam- 
phlet copy of tlio rules, as printed immediately aftur their adoption 
at this session, I find in the clause I have mentioned three words 
wliich should not be there. The clause has relation to the cor- 
rection of errors of reference 

The SPEAKER. The Chair suggests to the gentleman that 
if there is simply an improper print of the rule, there is no occa- 
sion for any motion in the House. 

Mr. RICHARDSON. Tlie difficulty is that in reprinting the 
rules this error, already appearing in the pamphlet copy, may be 
perpetuated. However, if the Chair will take occasion to ex- 
amine the rule and ascertain the fact, of which I am my self satis- 
tied, that there has been anerroi" 

Tlie SPEAKER. Of course the Journal must be the guide as 
to the form in which the rules were adopted. 

Mr. RICHARDSON. But, Mr. Speaker, the proof which was 
»ntto_^fiiFfernmont Printing Office and from which the pam- 
jniet co^orthe rules was printed contains the words to which I 
refer, and which were not in the amendment adopted by the House. 
It the Chair thinks the error can be corrected without any action 
by the House 

The SPEAKER. The Ciiair suggests that the gentleman look 
at the Journal and ascertain how the matter is. 

Mr. RICHARDSON. That course will be satisfactory to me. 
My wish is simply that the error may not be perpetuated in the 
rules as printed in permanent form. 

The SPEAKER. The gentleman will please examine the 
Journal. 

ORDER OF BUSINESS. 

The SPEAKER. The regular order being demanded, the 
committees will be called for reports. 

PROOF OF LOYALTY IN PENSION CASES. 

Mr. OATES, from the Committee on the Judiciary, reported 
back favorably the bill (H. R. 4518) to repeal in part and to limit 
sections 3480 and 4716 of the Revised Statutes of the United 
States; which was referred to the House Calendar, and, with tho 
accompanying report, ordei-ed to be printed. 

BRIDGE ACROSS BRAZOS RRTIR, TEXAS. 

Mr. GEARY, from the Committee on Interstate and Foreign 
Commerce, reported back favorably the bill (H. R. 2753) author- 
izing the Velasco Terminal Railway Company to construct a 
bridge across the Brazos River, in the State of Texas; which was 
referred to the House Calendar, and, with the accompanying re- 
Ijort, ordered to be printed. 

PIER AT THE MOUTH OF CHICAGO RFV'ER. 

Mr. GEARY also, from the Committee on Interstate and For- 
eign Commerce, reported back favorably the bill (H. R. 4.330) to 
repeal House resolution No. 104, first session, Fifty-fii-st Congress, 
granting to the Secretary of War a permit to license to use a pier 
at mouth of Chicago River; which was referred to the House 
Calendar, and, with the accompanying report, ordered to be 
printed. 

BRIDGE ACROSS RIO GRANDE RUIIR AT BRO\VNS\^LLE, TEX. 

Mr. GEARY also, from the Committee on Interstate and For- 
eign Commerce, reported back favorably the bill (H. R. 2752) au- 
thorizing the Continental Bridge Company to construct a bridge 
across the Rio Grande River ator near Brownsville, Tex.; which 
was referred to the House Calendar, and, with the accompanying 
report, ordered to be printed. 

BRIDGE ACROSS OSAGE RI\-ER, MO. 

Mr. GEARY also, from the Committee on Interstate and For- 
eign Commerce, reported back with amendment the bill (H. R. 
5354) to authorize the construction of a bridge across the Osage 
River between the town of Warsaw aud the mouth of Turkey 
Creek in Benton County, Mo.; which was referred to the House 
Calendar, and, with the accompanying report, ordered to be 
pi'inted. 

BRIDGE ACROSS MISSISSIPPI RR'ER AT DAVENPORT, IOWA. 

Mr. GEARY also, from the Committee on Interstate and For- 
eign Commerce, reported back with amendment tho bill (H. R. 
4476) to authorize the construction of a ]iontoon bridge across the 
Mississippi River at or near Davenport, Iowa; which was refei-red 
to the House Calendar, and, with the accompanying report, or- 
dered to be printed. 

BRIDGE ACROSS TENNESSEE RR^ER AT CLIFTON, TENN. 

Mr. GEARY also, from the Committee on Interstate and For- 
eign Commerce, reported back as a substitute for House bill 
2742, a bill (H. R. 7092) to authorize the building of a bridge 
across the Tennessee River at or near Clifton, Tenn.; which was 



1928 



CONGRESSIONAL RECORD— HOUSE. 



Maech 10, 



read a first and second time, referred to the House Calendar, 
and, with the accompanying report, ordered to be printed. 
House bill 2742 was, by unanimous consent, laid on the table. 

IMPROVEMENT OF HARBOR AT PIIILADELPIIIA, PA. 

Mr. WILLIAM A. STONE, from the Committee on Interstate 
and Foreign Commerce, reported back favorably the joint reso- 
lution (S. R. 23) relative to the improvement of the harbor at 
Philadelphia, Pa.; which was i-cferred to the House Calendar, 
and, with the accompanying report, ordered to be printed. 

MILITARY POST AT HELENA, MONT. 

Mr. OUTHWAITE, from the Committee on Military Affairs, 
reported back with amendment the bill(H. R. 5108) to establish 
a military post at or near the city of Helena, in Lewis and Clark 
County, in the State of Montana; which was referred to the Com- 
mittee of the Whole on the state of the Union, and, with the ac- 
companying report, ordered to be printed. 

SALARIES RAILWAY POSTAL CLERKS. 

Mr. CROSBY (for Mr. Enloe) reported favorably the bill (H. 
R. 5671) to reclassify and prescribe the salaries of railway postal 
clerks; which was referred to the Committee of the Whole House 
on the state of the Union, and, with the accompanying report, 
ordered to be printed. 

STATISTICS OF CITIES. 
!Mr. BUNTING, from the Committee on Labor, reported a 
joint resolution (H. Res. 104) providing for the collection of sta- 
tistics relating to cities; which was read a first and second time, 
referred to the Committee of the Whole House on the state of 
the Union, and, with the accompanying report, ordered to be 
printed. 

PROTECTION OF FOREIGN EXHIBITORS, WORLD'S COLUMBIAN 
EXPOSITION. 

Mr. TILLMAN, from the Committee on Patents, reported fa- 
vorably the bill (S. 2315) to protect foreign exhibitors at the 
World's Columbian Exposition from prosecution for exhibiting 
wai-es protected by American patents and trade-marks; which 
was referred to the House Calendar, and, with the accompany- 
ing report, ordered to be printed. 

PROOFS IN PENSION CASES. 

Mr. BUTLER, from the Committee on Invalid Pensions, re- 
ported favorably the bill (H. R. 5757) concerning the bui-den of 
proof of soundness and forbidding discrimination in the evidence 
of witnesses on account of want of official rank in applications for 
pensions; which was i-eferred to the House Calendar, and, with 
the accompanying report, ordered to be printed. 

PUNISHMENT OP FALSE SWEARING, POLICE TRIALS, DISTRICT 
OP COLUMBIA. 

Mr. HEMPHILL, from the Committee on the District of Co- 
lumbia, reported favorably the bill (H. R. 0295) to punish false 
swearing before trial boards of the INIetropolitan police force and 
fire department of the District of Columbia, and for other pur- 
poses; which was referred to the House Calendar, and, with the 
accompanying report, ordered to be printed. 

LAND TITLES, DISTRICT OF COLUMBIA. 

Mr. HEMPHILL, from the Committee on the District of Co- 
lumbia, reported favorably the bill (H. R. 6013) to amend the laws 
relating to land titles in the District of Columbia, and for other 
purposes; which was referred to the House Calendar, and, with 
the accompanying report, ordered to be printed. 

CONDEMNATION OF ALLEY, WASHINGTON, D. C. 

Mr. HEMPHILL, from the Committee on the District of Co- 
lumbia, reported favorably the bill (H. R. 6646) to pay for an al- 
ley condemned in square No. 493 in the city of Washington, D. 
C; which was referred to the Committee of the Whole House 
on the state of the Union, and, with the accompanying report, 
ordered to be printed. 

FRAUDULENT DEALINGS IN CONSIGNMENTS, DISTRICT OP CO- 
LUMBIA. 

Mr. HEMPHILL, from the Committee on the District of Co- 
lumbia, reported favorably the bill (S. 1058) to prevent fraudu- 
lent transactions on the part of commission merchants and other 
consignees of goods and other property in the District of Colum- 
bia; which was referred to the House Calendar, and, with the 
accompanying report, ordered to bo printed. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCoOK, its Secretary, 
announced that the Senate had passed without amendment the 
bill (H. R. 6836) making appropriations to supply a deficiency in 
the Department of Agriculture, and for other purposes. 

It also announced that the Senate had passed the bill (S. 1) for 
preventing the adulteration and misbranding of food and drugs, 
and for other purposes; in which concurrence was requested. 



PUNISHMENT FOR THEFT, DISTRICT OF COLUMBIA. 

Mr. HEMPHILL, from the Committee on the District of Co- 
lumbia, reported favorably the bill (S. 1057) to punish the unlaw- 
ful appropriation or use of the property of another in the Dis- 
trict of Columbia; which was referred to the House Calendar, 
and, with the accompanying report, ordered to be printed. 

PAYMENT OF A CERTIFICATE OF INDEBTEDNESS, DISTRICT OP 
COLUMBIA. 

Jilr. MEREDITH, from the Committee on the District of Co- 
lumbia, reported favorably the bill (H. R. 6891) authorizing the 
payment of a certificate of indebtedness of the District of Colum- 
bia, No. 4987; which was referred to the Committee of the Whole 
House on the state of the Union, and, with the accompanying re- 
port, ordered to be printed. 

ORDER OF BUSINESS. 

The SPEAKER. The morning hour for the call of commit- 
tees begins at 12 o'clock and 32 minutes. The call rests with the 
Committee on the Judiciary, and the Clerk will report the title 
of the bill under consideration at the expiration of the morning 
hour on yesterday. 

The Clerk read as follows: 

A bill (H. R. 6103; providing for tlie taking of depositions in criminal cases. 

The SPEAKER. At the expiration of the hour on yesterday 
the gentleman from Kentucky [Mr. Ellis] was occupying the 
floor. 

Mr. CULBERSON. I yield to the gentleman from Kentucky 
three minutes longer. 

Mr. ELLIS. Mr. Speaker, I desire to offer an amendment to 
the bill. 

The SPEAKER. Does the gentleman from Texas yield? The 
gentleman from Kentucky [Mr. Ellis] desires to offer an amend- 
ment. 

Mr. CULBERSON. I will yield for the purpose of hearing the 
amendment read. 

The Clerk read as follows: 

Amend by striking out the last three words In line 15 and all of lines 16, 17, 
and 18, and all of line 19 except the last word. 

Mr. CULBERSON. I will withhold my consent until I hear 
the statement of the gentleman. 

Mr. ELLIS. I will state the nature of the amendment. The 
amendment which I propose leaves the bill reported by the com- 
mittee intact, except that it strikes out that provision in the bill 
providing that the court may make an order directing that the 
deposition be taken at the cost of the Government. That feature 
in the bill I regard as vicious. It ought to b? no part of the pol- 
icy of the Government to take the depositions of the defendant's 
witnesses. When the Government has furnished the defendant 
in a criminal or penal prosecution with a speedy trial, and given 
him compulsory process for the attendance of his witnesses, there 
the functions of the Government ought to rest. The defendant 
in every case ought to be required to obtain his own witnesses, 
and in the case of depositions, as provided in this bill, he ought 
to be left to take the depositions at his own expense. I do not 
care to add anything further in support of the amendment. 

Mr. CULBERSON. I will yield further time to the gentle- 
man later if ho wishes it. 

Mr. REILLY. I hope the gentleman from Texas [Mtr. Cul- 
berson] will allow us to have a vote upon that amendment. 

Mr. CULBERSON. Mr. Speaker, I only want to call the at- 
tention of this House to the fact that this bill merely extends a 
right which now already exists in a limited degree. I will read 
the section which this bill originally proposed to amend. 

Whenever any person iudicted In a court of the United States makes affi- 
davit setting forth that there are witnesses whose evidence is material tohls 
defense, that he can not go safely to trial without them, what ho e.fpects to 
prove by each of them, that they are within the district in which the court is 
held, or within lUO miles of the place of trial, and that he is not possessed of 
suftlcient means, and that he is actually unable to pay the fees of such wit- 
nesses, the court In term, or any judge thereof in vacation, may order that 
such witnesses be subpoenaed, if within the limits aforesaid. In such cases 
the costs incurred by the process and the fees of the witnesses shall be paid 
in the same manner that similar costs and fees are paid in cases of witnesses 
stibpcenaed in behalf of the United States. 

Now, it will appear that if a defendant in a criminal case makes 
affidavit stating the facts prescribed in this statute, and show- 
ing that the witness or witnesses live within the jurisdiction of 
the court or within 100 miles of the place where the court is 
held, the Government of the United States provides the process 
and pays the expenses of bringing the witnesses to court in his 
behalf, if he is unable to incur the expense. This bill simply 
provides that if the witness or witnesses reside over 100 miles 
from the place where the court is held, when the defendant 
makes the affidavit prescribed in the bill the court may issue 
an order allowing him to take the deposition of such witnesses 
upon notice to the district attorney; and the bill reported does 
provide that the Government shall pay the expenses of taking 



1892. 



COXGEESSIONAL EECOrvD— SENATE. 



1959 



Petition praying for the enactment of legislation to prevent 
gambling in farm products — to the Committee on the Judiciary. 

Petition praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Otlices and Post-Roads. 

Petition praying for the passage of a bill making certain issues 
of money legal tender in paj'ment of all debts — to the Committee 
on Finance. 

Mr. VANCE presented a memorial of citizens of Hillsboro, 
N. C, remonstrating against the passage of the bill for the re- 
moval of the Uto Indians from Colorado; which was referred to 
the Committee on Indian Affairs. 

Mr. HARRIS. I present the petition of the heirs of William 
M. Ddeson. deceased, by Glenn M. Cooper, of Washington, D. C, 
praying to be allowed compensation for property taken and used 
by the United States Army. I move that the petition, with the 
accompanying documents, bo referred to the Committee on 
Claims. 

The motion was agreed to. 

Mr. PALMER presented tlie following petitions of Hawthorn 
and Catlin Granges, Patrons of Husbandry, of Illinois: 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture — referred to the Committee on Ag- 
riculture and Forestry. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products — to the Committeeon the .Judiciary. 

Petitions praying for the passage of House bill 3!).'), defining 
lard and imposing a tax thereon — ordered to lie on the table. 
' Petitions praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts—referred to the Committee on Post-OtHcesand Post-Roads. 

Petition jiraying for the passage of a bill making certain issues 
of money legal tender in payment of all debts— to the Committee 
on Finance. 

Mr. COCKRELL presented a petition of citizens of Grundy 
County, Mo., praying for the passage of Senate bill No. 254. ex- 
tending the privileges of the free delivery of mails: which was 
referred to the Committee on Post-Qfflces and Post-Roads. 

Mr. HAWLEY presented the petition of George B. Burrall, 
Thomas L. Norton, and 150 other citizens of Lakeville, Conn., 
praying for the closing of the Columbian Exposition on Sunday: 
which was referred to the Committee on the Quadro-Centennial 
(Select). 

Mr. MANDER30N presented a petition of citizens of Fillmore 
County, Nebr., praying for the passage of what are known as the 
Washbum-Hatch antioption bills; which was referred to the Com- 
mittee on the Judiciary. 

Mr. GRAY presented the following petitions of Fruitland 
Grange, Patrons of Husbandry, of Delaware: 

Petition praying for the enactment of legislation to prevent 
gambling in farm products— referred to the Committee on the 
Judiciai-y. 

Petition praying for the passage of House bill 395, defining lard 
and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petition praying for the free delivery of mails in rui-al dis- 
tricts—referred to the Committee on Post-Offices and Post-Roads. 

Petition praying for the passage of a bill making certain issues 
of money legal tender in payment of all debts— to the Committee 
on Finance. 

Mr. PADDOCK presented a memorial of the Indian Rights' 
Association, of Philadelphia, Pa., officially signed, remonstrating 
against any reduction in the Indian appropriations for the com- 
ing fiscal year; which was referred to the Committee on Appro- 
priations. 

REPORTS OF COMMITTEES. 

Mr. BLACKBURN, from the Committee on Naval Affairs, 
submitted a report to accompany the bill (S. 204) in relation to 
the pay of Rear- Admiral James 'E. Jouctt, United States Navy, 
heretofore reported by him. 

He also, from the same committee, submitted a report to ac- 
company the bill (S. 1.558) to remit the time penalties exacted by 
the Secretary of the Navy from the Pneumatic Dynamite Gun 
Company of New York, in the construction of the cruiser Ve- 
su^dus, heretofore reported by him. 

Mr. HAWLEY, from the Committee on Military Affairs, to 
whom was referred the bill (S. 1912) granting a right of way 
through the Port Missoula military reservation in the State of 
Montana, reported it with an amendment, and submitted a report 
thereon. 



Iilr. HALE. Prom the Committee on Appropriations I report 
back favorably, with amendments, the bill (H. R. C87G) to pi-o- 
vidc for certain of the most urg-ent deficiencies in the appropria- 
tions for the service of the Government for the fiscal year end- 
ing .lune 30, 1892, and I give notice that as soon as the bill as pro- 
posed to bo amended is printed and on the desks of Senators, I 
shall call it up this afternoon. 

The VICE-PRESIDENT. Meanwhile the bill will be placed 
on the Calendar. 

Mr. DOLPH. By direction of the Committee on Commerce, I 
report back the bill (H. R. 1627) providing for sundry light- 
houses and other aids to navigation, with amendments, and a 
written report tliereon. These are principally confined to tho 
great lakes and their tributaries. 

The VICE-PRESIDENT. The bill will hs placed on the Cal- 
endar. " 

Mr. McMillan, from the Committee on the DistricroT Co- 
lumbia, to whom was referred the bill (H. R. 410) to amend the 
charter of the Eckmgton and Soldiers' Home Railroad ( 'ompany, 
reported it with amendments, and submitted a report theroon.' 

Mr. PROCTOR, from the Committee on Military Affairs, to 
whom was referred the hill {S. 1430) for tho relief of Leonard I. 
Brownson, late fii-st lieutenant Company K, Fiftli Vermont Vol- 
unteers, reported it with an amendment, and submitted a 
thereon. 

Mr. PERKINS, from the Committee on tho District of Colum- 
bia, to whom was referred the bill (S. 2280) to amend sections 
727 and 729 of the Revised Statutes relating to tho District of 
Columbia, reported it without amendment|-and submitted a re- 
port thereon. 

Mr. PERKINS. I am directed by the Committee on tho Dis- 
trict of Columbia, to whom was referred the bill (H. R. 4429) to 
empower the Commissioners of the District of Columbia to grant 
respites and pardons in certain cases, to report it back favorably 
without amendment. It is a very brief bill, and I ask for itis 
present consideration. 

Mr. COCKRELL. Let it be read for information. 

The VICE-PRESIDENT. The bill will be road for informa- 
tion. 

Tho Chief Clerk read the bill. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of tho bill':' 

Mr. COCKRELL. Is there any urgency about this measure 
any more than any other general legislation in regard to the Dis- 
trict';' 

Mr. PERKINS. Tho bill is very brief, it has passed the other 
House, and I thought it could be disposed of when reported. 
The committee have in'eviously reported the Senate bill upon 
the same subject, which is upon the Calendar, and I shall, of 
course, ask that the Senate bill be indefinitely postponed when 
the House bill is passed. The Commissioners are without this 
authority now, and thev ask for it. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the bill'? 

Mr. BUTLER. I think the bUl had better go on the Calendar. 

The VICE-PRESIDENT. Objection being made, the bill will 
be placed on the Calendar. 

Mr. HARRIS, from the Committee on the District of Colum- 
bia, to whom was referred the bill (S. 19(59) to provide for the 
disbursement of money appropriated by the acts of 1874 and 1878, 
making- appropriation for the payment of workingmen who 
worked on public improvements under the late board of public 
works of the District of Columbia, submitted an adverse report 
thereon; which was agreed to, and the bill was postponed indefi- 
nitely. 

Mr. VANCE, from the Committee on the District of k«rtnnuia 
to whom was referred the bill (S. 1714) to prevent cruelty to 
children in tho District of Columbia, and for other purposes', i-e- 
ported it with amendments. 

Mr. TURPIE, from the Committee on the Pensions, to whom 
was referred the bill (S. 323) gi-anting a pension to Thomas 
Cooper, reported it without amendment, and submitted a report 
thereon. 

Mr. CAREY, from the Committee on Public Buildings and 
Grounds, to whom was referred the bill (S. 2498) to authorize the 
sale of the old custom-house and post-office in Wilmington, Del., 
reported it with an amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 2331) for the erection of a public building in the city of 
Woonsocket, R. I., reported it without amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 880) to provide for the construction of a public building 
at Helena, Mont., reported it without amendment, and submitted 
a report thereon. 

Mr. GIBSON of Maryland, from the Committeeon the District 
of Columbia, to whom was referred the joint resolution (S. R. 52) 




1960 



CONGKESSIONAL KECOED— SENATE. 



Maech 11, 



to authorize the Secretary of War to make a survey, plan, and 
estimata of the cost of constructing a bridge across the Eastern 
Branch of tlic Potomac River in the District of Columbia, and 
for otlier purposes, asked to be discharged from its further con- 
sideration, and that it bo referred to tlie Committee on Appro- 
priations; wliich was agreed to. 

.Mr. BUTLER, from tlic Committee on Naval Affairs, to whom 
was referi'cd the bill (S. 1290) to provide for the purchase of lands 
adjoining the United States naval station. Port Royal, S. C, re- 
ported it with an amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 1543) authorizing and directing the Secretary of the Navy 
to contract for the purchase of a lot of land opposite to the Gos- 
port ne.vy-yard, reported it with amendments, and submitted a 
report thereon. 

COMPUTATION OF A. W. CHURCH AND H. H. SMITH. 

Mr. MANDERSON. I am directed by the Committee on 
Printing, to whom was referred the resolution submitted by the 
Senator from New Hampshire [Mr. Chandler] .January 5. 1892, 
to report it favoraljly without amendment, and I ask for its pres- 
ent consideration. 

The resolution was I'ead, as follows: 

Resolved, That there be printed for the use of the Senate 300 copies of the 
"Table showing the contents of the several volumes comprising theAunals 
of Congress, Congressional Debates, Congressional Globe, Congressional 
Record. Statutes at Large, and United States Supreme Court Reports, 
arranged by years and Congresses," which was compiled for the Senate 
library by A. W.Chttrch and H.H.Smith; the same bemg brought down to 
January "1,1893. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the resolution? 

Mr. COCKRELL. Mr. President 

Mr. MANDERSON. I will explain to the Senator that this 
is a small pamphlet, prepared by the libi'arian of the Senate 
library. It presents the contents in general form of the Annals 
of Congress, the Congressional Globe, the Congressional Rec- 
ord, the Statutes at Lai'ge, and I think the Supreme Court Re- 
ports, giving all the periods of time that each volume covers. 
It is a very valuable little publication. The resolution was in- 
troduced by the Senator from New Hampshire [Mr. CHANDLER]. 
The cost of printing 500 copies will be -$132. It is valuable enough 
surely to print it for the use of Congress. 

}»Ir. COCKRELL. Let the resolution be read again. 

The VICE-PRESIDENT. It will be again read. 

The Secretary read the resolution. 

Mr. COCKRELL. Now, let me understand. Does the pam- 
))hlet contain a reference to all the publications now extant of 
the proceedings of Congress down to this time? 

Mr. MANDERSON. Yes, giving the date that each volume 
covers, to the present. 

The resolution was considered by unanimous consent, and 
agreed to. 

district sewerage. 

Mr. MANDERSON. I am directed by the Committee on 
Printing, to whom was referred the concurrent resolution sub- 
mitted by the Senator from Jliehigan [Mi'. McMillan] Febru- 
ary 1, 1892, to report it back favorably without amendment, and 
I ask for the present consideration of the same. 

The Senate, by unanimous consent, proceeded to considei' the 
concurrent resolution; which was read, as follows: 

Jiesolcedby ike >^enate (the Hou^e of HepreseataHves concurring). That there 
be printed TOO additional copies of the report of the board of sanitary engi- 
neers of the District of Coltnnbia tipon the sewerage of the District for the 
official use of the Commissioners of the District of Columbia. 

Mr. MANDERSON. I desire to state that the resolution comes 
from the chairman of the Committee on the District of Columbia, 
and this limited number of copies of the report on the sewerage 
of the District is desired by the Commissioners of the District of 
Columbia. 

The resolution was agi-eed to. 

REPORT of the NATIONAL ACADEMY OF SCIENCES. 

Mr. Jil ANDERSON. lam directed by the Committee on Print- 
ing, to whom was referred the concurrent resolution submitted 
by the Senator from Connecticut [Mr. Hawley] February 3, 
1892, to report it back favorably with an amendment, and I ask 
for its present consideration. 

The Senate, by unanimous consent, proceeded to consider the 
concui'i'ent resolution; which was read, as follows: 

ll*:solc€dbij tht Senate {the House of Heprenfututives concurring). That there 
be printed, in addition to the usual number, 3,,=)00coples of the annual report 
of the National Academy of Sciences for 1891, in octavo form, of which l.OOB 
copies shall be for the use of the Senate, 2,000 copies for the use of the House 
of Representatives, and 500 copies for the use of the National Academy of 
Sciences; and tliat there be printed. In addition to the usual number. 2.300 
cojties, in qiutrto form, of the memoirs of the National Academy of Sciences, 
which accompany the anntial report for 1891, of which 300 copies shall be for 
the use of the Seuate, .^00 copies for the use of the House of Representatives, 
and 1 .."iOO copies for the use of the National .\cademy of Sciences. 

Mr. MANDERSON. I move to strike out all after the word 



"number," in the second line, and to inssrt, so as to make the 
resolution read: 

That there be printed, in iulditiou to the usual number, ol the report of the 
National Academy of Sciences for 1891. 2.000 copies, 500 for use of the Senate, 
1,000 copies for use of the House, and 500 for tise of the Academy of Sciences; 
and of the memoirswhlch accompany the report for 1889, 2,500 copies, 500 for 
the .Senate, 1,000 for the House, and 1,000 for distribution by the Academy of 
.Sciences. 

This amendment brings the resolution exactly to the number 
Ijrovided for in the general printing bill which has passed the 
Senate. 

The amendment was agreed to. 

The concurrent resolution as amended was agreed to. 

GEOLOGICAL SURVEY REPORT. 

Mr. MANDERSON. I am directed by the Committee on Print- 
ing, to whom was referred the concurrent resolution submitted 
by the Senator from Connecticut [Mr. Platt] January 6, 1892, to 
report it back favorably with amendments, and I ask for the 
present consideration of the same. 

There being no objection, the Senate proceeded to consider the 
concurrent resolution, which was read, as follows: 

/^ettoletd by the Senate Uhe House of He/irese/ttatices concurring), That there 
be printed at the Government Printing Office, in addition to the ntmiber al- 
ready (ordered by law, 15,500 copies of the thirteenth auuual report of the Di- 
rector of the United States Geological Survey, uniform with the preceding 
volumes of the series, of which 3,500 shall be for the u.se of the Senate, 7.000 
lor the use of the House of Representatives, and 5,000 for distribution by the 
Geological Survey. 

Mr. MANDER.SON. I offer certain amendments to make the 
resolution conform to the general printing bill passed by theSen- 

The VICE-PRESIDENT. The amendments will be stated. 

The Chief Clerk. Strike out " 15.000" and substitute in lieil 
thereof "12,000:'' strikeout "3,.500" and insert "3,000;" strike 
out "7,000" and in.sert "6.000;'' strike out "5,000'' and insert 
••3.000." 

The amendments were agreed to. 

The concurrent resolution as amended was agreed to. 

BILLS INTRODUCED. 

Mr. DAVIS introduced a bill (S. 2.55G) authorizing the con- 
struction of a bridge across the Red River of the North; which 
was read twice by its title, and referred to the Committee on 
Commerce. 

Mr. COCKRELL introduced a bill (S. 2557) for the relief of 
William P. Buckmaster; which was read twice by its title, and 
I'eferrcd to the Committee on Claims. 

Mr. PROCTOR (by request) introduced a bill (S. 2558) for the 
relief of .loel T. Winn; which was read twice by its title, and 
referred to the Committee on Military Aft'airs. 

Mr. DOLPH. I introduced a bill to create and establish tlie 
Pilot S.-rvice of the United States and to regulate the pilotage 
of vessels in the ports and harbors along the coast of the LTnited 
States. This is a copy of a bill introduced in the other House. 
I have not examined it sufficiently to desire to be committed to 
all of its provisions, but I do believe in the general proposition. 
I wish to state also that I do not introduce it for the purpose of 
antagonizing any bill now before the Committee on Commerce, 
but for the .sake of bringing the matter before that committee. 
I ask that the bill be read twice and referred to the Committee 
on Commerce. 

The bill (S. 2559) to create and establish the pilot service of 
the United States, and to regulate the pilotage of vessels in the 
ports and harbors along the coast of the United States, was read 
twice by its title, and referred to the Committee on Commerce. 

Mr. HANSBROUGH introduced a bill (S. 25(50) granting to 
the State of North Dakota a site for the State reform school; 
which was read twice by its title, and referred to the Committee 
on Public Lands. 

Mr. SHOUP introduced a bill (S. 2561) for the relief of William 
G. Langford; which was read twice by its title, and referred to 
the Committee on Indian Aft'airs. 

He also introduced a bill (S. 2562) to provide for the examina- 
tion and classification of certain mineral lands in the States of 
Montana and Idaho; which was read twice by its title, and re- 
ferred to the Committee on ISIines and Mining. 

Ml-. MANDERSON introduced a bill (S. 2563) for the relief of 
Anna Ella Carroll; which was read twice by its title, and re- 
ferred to the Committee on Military Affairs. 

He also introduced a bill (S. 2564) to amend section 6 of thea«t 
approved March 3. 1891, entitled "An act to repeal timber-cul- 
ture laws and for other purposes;" which was read twice by ita 
title, and, with the accomjianying papers, referred to the Com- 
mittee on Public Lands. 

Mr. WHITE introduced a bill (S. 2565) to authorize the Secre- 
tary of the Treasury to refund certain moneys collected by the 
United States; which was read twice by its title, and referred to 
the Committee on Claims. 



f 



1892. 



CONGRESSIONAL RECOllD— HOUSE. 



2019 



this statement so that the facta may be brought out clearly, not 
specially with reference to the effect upon myself, but rather with 
reference to the effect upon tho good feeling of the House. It 
does not seem to me to be proper that a member who is willing 
and anxious to do his duty, and who, even when he is feeling vm- 
well, makes every effort to respond to the requirement of tho 
House as soon as he is notified of it, should be put upon record as 
having been brought here by fox-ce, and for that reason I object 
to the Journal so far as it puts me in that light. 

Mr. BYNUM. Mr. Speaker, the officer of the House has no 
right to be heard in this matter on the fl cor, and therefore I think 
it is only just to him that I should make a short statement in 
answer to the gentleman from Now York. It is well known, oven 
if the Journal does not show the fact, that there was a call of the 
House last evening, that there was no quorum responding, that 
the House ordered the ai-restof absent membsrs, and that a war- 
rant for such arrest was issued and placed in the hands of the 
Sergeant-at-Arms. 

According to what has been tho custom (and I apprehend that 
no juember ought to make any complaint because of this fact) tlie 
Sergeant-at-Arms or his deputy, in the execution of the warrant 
(which simply calls for all absent members, the name of each 
member being upon a slip of paper), when he meets a member, 
simply hands him his name and puts him upon his parole to ap- 
pear at the House. Instead of accompanying the member bore, 
the officer probably says, "Will you go to the Capitol and report 
at the Sergeaut-at- Arms' office? " This has always been done. 
Of course in such a case tho member is constructively under ar- 
rest, though in fact not brought here by the officer, but coming 
voluntarily at his request. This fact, I think, does not free any 
member from tho arrest under which ho has been placed; and I 
believe the Sergeant-at-Arms when ho brought here tho gentle- 
man from New York [Mr. Coombs] and the gentleman from Mas- 
sachusetts [Mr. Walker], under the circumstances, was dis- 
charging the orders of this House. 

There is simply one other thing I wish to say. There was some 
complaint last evening that the Sergeant-at-Arms was executing 
the orders of the House upon Republican members and not upon 
Democrats. I take this opportunity to say that while this com- 
plaint was made and was probably believed because of tho fact 
that the gentlemen from Massachusetts [Mr. R.\NDALL and Mr. 
Walker] were the first to be arraigned at the bar of the House, 
yet subsequently the gentlemen from New York [Mr. Warnek 
and Mr. Coombs] were brought in. I think the Sergeant-at- 
- Arms was endeavoring to execute the authority of the House 
fairly and legally, and yet as mercifully as he could. I do not 
believe he is justly liable to any criticism. 

The SPEAKER. The gentleman from New York [Mr. Coombs] 
makes a motion to correct that part of the Journal which states 
he was arrested and brought before the House last night._ The 
Chair will cause a portion of the rule to be read, after which he 
will submit the motion. 

The Clerk read as follows: 

Members who rolunt.arily appear shall, unless the House otherwise dii'ect, 
be Immedlatelr admitted to the Hall of the House, and they shall report their 
names to the Clerk to be entered tipon the Journal as present. 

Mr. COOMBS. I had come here to report my name to the 
Clerk under that rule. 

Mr. DOCKERY. I ask that the first paragraph of clause 2 of 
Rule XXV, be read: 

The Clerk read as follows: 

2. In the absence of a quorum, fliteen members, including the Speaker, if 
the'-'- is one, shall be authorized to compel the attendance of absent mem- 
ber.-, and in all calls of the House the names of the members shall be called 
by the Clerk, and the absentees noted; the doors shall then be closed, and 
tho.se tor whom uo suCBcieut excuse is made may, by order of a majority of 
tho.se present, be sent for and arrested, ivherever they may be touud, by offi- 
cers to be appointed bv the Sergeant-at-Arms for that purpose, and their at- 
tendance secured: ami l!ie House shall determine upon what condition they 
shall be discharged. 

Mr. COOMBS. I wish to make only one further remark in re- 
lation to this matter. If I am to be a victim in this proceeding 
on ticcount of being a Democrat, I am perfectly willing to stand 
in that position. I have received benefits from the Djmocratic 
party, and theie is no reason why I should not be willing to stand 
somewhat in tho attitude of a sacrifice on their behalf. [Laugh- 
ter.] But I do not believe it is the intention or desire of the 
House to bo discourteous or unjust to any member. Hence, I ask 
a vote on my proposition. 

The SPEAKER. The Clerk will i-oad that portion of the Jour- 
nal which the gentleman from New York moves to amend. 

The Clerk read as follows: 

The Sergeant-at-Arms appeared at the bar of the House, havtug in custody 
Mr. R.iNDALL and Mr. Walker, who submitted their excuses tor failure to 
attend. 



The Sergeant-at-Arms again appeared at the bar of the House, having 
custody Mr.WAKNEU, Mr. Coombs, and Mr. QUACKENBnsH. 



in 



Tho SPEAKER. The gentleman from New York moves to 
correct tho Journal 

Mr. WALKER. I ask to be heard before that question is put, 
because if the gentleman from New York is not excused I ought 
not to be; and if he is excused, I ought to be. I would like tho 
privilege of saying a word. 

The SPEAKER. The Chair recognizes the gentleman on this 
motion. 

Mr. WALKER. Mr. Speaker, I do not ask for any change or 
modification of the rules of the House on my behalf, and, as I un- 
derstand, neither does my friend from New York. But tho rido 
explicitly provides, according to my understanding, that mem- 
bers who voluntarily appear when it comes to their knowledge 
that they arc personally wanted at the House to make a quorum, 
shall be treated differently from those who are arrested and 
brought before the bar of tho House. According to tho express 
provision of the rule, if members voluntarily appear under "a 
call of tho House" they give their names to tho Clerk, as has 
been customary in previous Congresses, and he is required to 
enter their names on the roll, and that closes tho matter. 

When I came here last evening I had not been informed that 
there was any warrant out for my arrest; I was not told that I 
was under arrest. I supposed I was coming up here voluntarily'. 
When I got halfway here, and while wo were talking in the car- 
riage about coming here, the Doorkeeper, who was in the car- 
riage with me, said that certain words had been said to him by 
one of the officers of the House indicating I was in his charge 
before we started in the carriage, but not in my hearing. 

When I came to the House I was stopped at the dooi- by tho 
assistant sergeant-at-arms, Mr. Hill. I was endeavoring to 
enter the House, as I had a right to do under the rule of the 
House. He refused to allow me to come alone, and entered with 
me, my protestations to the contrary notwithstanding. After the 
fact came to my knowledge that I was wanted at tho House, as I 
stated, last evening in pursuance of the rulo here referred to, I 
voluntarily appeared, and hence this part of the Journal is man- 
ifestly incorrect so far as I am concerned. Either that, or else 
this rule means nothing at all. It is mere surplusage. I was 
coming into the House, as I had a right to come in under the 
rule, to have my name recorded as being present. 

Mr. BYNUM. Let me ask the gentleman a question: If it is 
usual to send for members of the House with a carriage when 
they are wanted here':' 

Mr. WALKER. I knew nothing about the carriage. 

Mr. BYNUM. You came in it. 

Mr. WALKER. I did; but I did not know that it was in the 
employ of tho House. I supposed I was going to pay for it until 
I got here. [Laughter.] 

Mr. O'NEILL of Pennsylvania. Mr. Speaker, I rise to a cor- 
rection of the Journal. 

The SPEAKER. There is a motion to correct the Journal 
now pending. 

Mr. WALKER. Mr.- Speaker, one word further and then I 
I am done. I wish to state, so that there can be no mistake about 
it, that before I knew there was an officer of the House present 
I was on my way here to the House, and was detained from exe- 
cuting my purpose by the officer and not permitted to proceed. 

The SPEAKER. The question is on the motion of the gen- 
tleman from New York to correct the Journal by striking there- 
from so much as shows that he was arrested under the proceeding* 
of the call of the House last evening and brought before the bar. 

Mr. BYNUM. I understand, Mr. Speaker, that this House is 
required by the Constitution to keep a journal of its proceedings. 
It is a fact that certain gentlemen were brought here last night 
under an order of the House, and were presented at the bar of 
the House, which matter forms a part of the record of the pro- 
ceedings of this body. If you strike that out now you simply 
strike from the proceedings of the House that which the Consti- 
tution requires to be kept there. 

The SPEAKER. The question is on the motion of the gentle- 
man from New York [Mr. Coombs]. 

The question was taken; and on a division there were — ayes 
72, noes 51. 

Mr. DUNGAN and Mr. PEARSON made the point that no 
quorum had voted. 

Mr. COOMBS. Mr. Speaker, I do not want to embarrass the 
business of the House, and I will withdraw my motion if the op- 
position is insisted upon. 

Mr. PEARSON. I want to insist upon tho point that no quo- 
rum has voted. 

Mr COOMBS. I have stated that I would withdraw my mo- 
tion, but I wLsh to give the reasons; not that I think I am 
making an unjust or improper i-equest, but simply that I do not 
want to embarrass the business of the House by further delay. 
The SPEAKER. If there be no objection the gentleman's 
I motion will bo withdrawn. 



2020 



CONGRESSIONAL RECORD— HOUSE. 



Maeoh 12, 



There was no objection. ,.,.., t , 

The SPEAKER. If there be no further objection the Journal 
will be approved. 
Mr. O'NEILL of Pennsylvania. I rise to a question of privi- 

The SPEAKER. With reference to the Journal? 

Mr. O'NEILL of Pennsylvania. With reference to the .lour- 

nal. , , 

Mr. Speaker, I am entered on the Journal as one of those who 
was excused from attendance on the session last night when a 
call of the House was ordered. Owing to the kindness of my 
good colleague [Mr. Reilly], ever kind and considerate to me. he 
had me excused from attendance. What I want to state to the 
House is that I was not sick, and was not infirm, nor was I pre- 
vented from coming by any other reason except that I did not 
come, having no bills upon the Private Calendar— no pension 
Ijills— and, as has been my custom always under such circum- 
stances, I absented myself from the Friday night session. 

But, sir, while I do not think that I should have been excused, 
I certainly do not want to be excused upon any such gi-ounds as 
those which were stated. For, in my now twenty-seventh year 
of sei'vice in this House, by the blessing of God I never have 
>x;en detained from the Hovise by sickness but one and one-half 
days, and I want the Lord to continue his blessing to me so long 
as I shall be permitted to remain here. [Lavighwr and applause.] 

TheSPEAKER. If there be no further objection, the Journal 
will be approved. 

There was no objection. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCoOK, announced that 
the Senate had passed, with amendments, the bill (H. R. 6876) to 
provide for certain urgent deficiencies in the appropriations for 
the service of the Govei-nment for the fiscal year ending June ;!0, 
1892. 

It also announced that the Senate had passed bills of the fol- 
lowing titles, in which concurrence was requested: 

A bill (S. 2451) authorizing the Secretary of the Treasury to 
roconvoy to Lucius U. Maltby and Louise W. Maltby his wife, 
Margaret Elizabeth Lucas, and the Sea Girt Land Improvement 
Company a piece of land selected as a site for the Squa!i Inlet 
light station, New Jersey, but found to be unsuitable for the pur- 
poses of said station. 

A bill (S. 1646) making Laredo, Tex., a subport of entry. 

ASSOCIATION OF AMERICAN STUDENTS IN PARIS. 

The Speaker laid before the House a letter from the Acting 
Secretary of the Treasury, transmitting a copy of a communica- 
tion from the Secretary of State, submitting an estimate of ap- 
])ropriation for the rent of a building for the use of the Associa- 
tion of American Students in Paris; which was ordered to be 
])rinted, and referred to the Committee on Foreign 4^to a- 

BINDING MANUSCRIPT PAPERS, DEPART.MENT 01^'1'A'l'E. 



The Speaker laid before the House a letter from the Acting 
Secretary of the Treasury, transmitting a copy of a communica- 
tion froui the Secretary "of State, submitting an estimate of ap- 
propriation for continviing the work of binding manuscript pa- 
pers. Department of State; which was ordered to be printed, aiul 
refei'red to the Committee on Appropriations. 

AMENDMENT TO ARMY APPROPRIATION BILL. 

The Speaker laid before the House a letter from the Secretary 
of War, transmitting a letter from the Commissary-General of 
Subsistence, suggesting an amendment to the bill (H. R. 6S)23) 
making appropriations for the support of the Army: which was 
ordered to be printed, and referred to the Committee_on Mili- 
tary Affairs. ^|yj|j^,.^_ 

G. W. SMITH, DECEASED. 

The Speaker laid before the House a communication from the 
Court of Claims, transmitting a copy of the finding of the court 
in the case of G. W. Smith, deceased, against the United States: 
which was ordered to be printed, and referred to the Committee 
on War Claims. 

APPOINTMENT OF CONFEREES. 

The SPEAKER announced the appointment of Mi-. Richard- 
son, Mr. McKaig, and Mr. Broderick as conferees upon the 
disagreeing votes of the two Houses ujion the amendment to the 
resolution of the House providing for the printing of the eulo- 
gies upon Hon. W. H. F. Lee, late a Representative from the 
State of Virginia: and upon the disagreeing votes of the two 
Houses upon" the amendment to the resolution of the House to 
provide for printing the eulogies delivered in Congress upon 
Hon. Leonidas C. Houk, late a Representative from the State of 
Tennessee. 

REPORT OP THE NATIONAL ACADEMY OF SCIENCES, 1891. 

The SPEAKER laid before the House the resolution of the 



Senate providing for the printing of 2,000 additional copies of 
the report of the National Academy of Sciences for 1891; which 
was referred to the Committee on Printing. 

THIRTEENTH ANNUAL REPORT, UNITED STATES GEOLOGICAL 

SURVEY'. 

The SPEAKER laid before the House the resolution of the 
Senate providing for the printing of 12,000 additional copies of 
the thirteenth annual report of the Director of the United 
States Geological Survey; which was referred to the Committee 
on Printing. 

SEWER.\GE, DISTRICT OF COLUMBIA. 

The SPEAKER laid before the House the resolution of the Sen- 
ate providing for the printing of 700 additional copies of the re- 
port of the board of sanitary engineers of the District of Co- 
lumbia upon the sewerage of the District, for the official use of 
tlie Commissioners of the District of Columbia; which was re- 
ferred to the Committee on Printing. 

SENATE BILLS REFERRED. 

The SPEAKER also laid before the House the following bills 
of the Senate; which were severally read a first and second time, 
ordered to be printed, and referred to the committees named 
Ix'low: 

A bill (S. 44) for the relief of William Clift— to the Committee 
on War Claims. 

A bill (S. 218) donating to tlie county of Clallam, in the State of 
Washington, for public buildings, the proceeds of the sale of cer- 
tain public lands— to the Committee on Public Buildings and 
Grounds. 

A bill (S. 370) granting an increase of pension to James H. Os- 
good— to the Committee on Invalid Pensions. 

A bill (S. 620) to amend an act entitled "An act to promote 
the administration of justice in the Army," approved October 1, 
1890- to the Committee on Military Affairs. 

A bill (S. 621) to provide for the collection, custody, and ar- 
rangement of the military records of the American Revolution 
andthe war of 1812— to the Committee on Military Affairs. 

A bill (S. 69o) to authorize the Secretary of the Interior to 
survev and mark the boundary between the State of Nebraska 
and the State of South Dakota" which lies west of the Missouri 
River — to the Committee on Appropriations. 

A bill (S. 798) for the relief of the legal representatives of .lohn 
H. Jones and Thomas D. Harris— to the Committee on War 
Claims. 

A bill (S. 839) granting a right of way to the Jamestown and 
Northern Railway through the Devils Lake Indian Reservation, 
in the State of North Dakota— to the Committee on Indian Af- 
fairs. 

.V bill (S. 1492) to authorize the appointment of an inspector of 
jOiimbing in the District of Columbia, and for other purposes— 
ft^he Committee on the District of Columbia. 

A bill (S. 1612) to compensate Thomas G. Hayes for legal serv- 

" " ' -to the 



ices rendered under direction of the Attorney-General- 
Committee on Claims. 

A bill (S. 1644) authorizing the Continental Bridge Company 
to construct a bridge across the Rio Grande River at or near 
Brownsville, Tex.— to the Committee on Interstate and Foreign 

Commerce. , ti ., 

A bill (S. 1647) to authorize the Alabama Grand Trunk Rail- 
road Company to bridge across the Tallapoosa and CoosaRivers— 
to the Committee on Interstate and Foreign Commerce. 

A bill (S. 1759) for the relief of the heirs of Nathaniel Ma- 
gruder — to the tVimmittee on Claims. 

A bill (S. 1884) to prevent fraud upon the water revenues of 
District of Columbia— to the Committee on the District of 
Columbia. 

,A bill {S. 2001) for the relief of the sufferers by the wreck of 
the United States revenue cutter Gallatin off the coast of Massa- 
chusetts—to the Committee on Claims. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. Platt, one of its clerks, 
announced^that the Senate had passed the following concurrent 
resolution: 

liesolved by thf Senate (the House of Hepresentalifes concurring). In pursu- 
ance of thp legislation heretofove taken for the acquisition of a suitable site 
for a Government Printing OfRce, that the Committee on Printing, actmK 
iointly with the House Committee, be, and the same are hereby, empowered 
and instructed to ascertain the most suitable site for that purpose iin the 
District) looking to the fut>u-e growth of the country and the growing de- 
mands upon the printing establishment, ascertain the fairvaltieof the same, 
and make report of such investigation and result. 

EDWARD S. .\RMSTRONG. 

Mr. NORTON, Mr. Speaker, I ask unanimous consent that 
the bill (S. 18) for the relief of Edward S. Armstrong may l)e 
permitted tolie on the Speaker's table until such time as the Com- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



2037 



they defined the nature of these invitations, the extent to which 
they should go, and the authority to borrow articles of great in- 
terest to the people of the United States. It is a mere loan from 
persons who regard the articles as almost priceless treasures, and 
the question of appropriation and how far it should be limited, 
whether it should bo $1,000 or $100,000, is all left to the Commit- 
tee on Appropriations. 

Mr. COCKRELL. By having the joint resolution printed wo 
can judge of it with a great deal more accuracy, and there is 
plenty of time during the remainder of the week. It must there- 
fore go over. 

The VICE-PRESIDENT. The joint resolution will bo placed 
on the Calendar. 

Mr. PETTIGREW. I am instructed by the Committee on the 
Quadro-Centennial (Select), to whom was referred the joint reso- 
lution (S. R. 41) extending an invitation to the Presidents of the 
American Republics and the governors of American colonies to 
participate in the World's Columbian Exposition, to report it back 
favorably with an amendment. I shall not ask its consideration 
at this time. 

I will state that the committee in considering these joint reso- 
lutions struck out all the appropriations, because it was objected 
that no appropriation should be made without a limit being fixed 
upon it. We thought as we were inviting people to be our guests 
it would not look well to tell them in advance just how much 
money we were going to spend to entertain them, and that we 
would allow the particular item to be provided for in some regu- 
lar appropriation bill without calling too much attention to it. 

The VICE-PRESIDENT. The joint resolution will be placed 
on the Calendar. 

MESSAGE PROM THE HOUSE. 

A message from the House of Representatives, by ^Ir. T. O. 
TOWLES, its Chief Clerk, announced that the House had passed 
the following bUls; in which it requested the concurrence of the 
Senate: 

A bill (H.R. 1216) for the relief of the First Methodist Church, 
in the city of Jackson, Tenn.; 

A bill (H. R. 2576) for the relief of the estate of Andrew J. 
Duncan, deceased; and 

A bill (H. R. 3885) to increase the pension of George R. Allen. 

The message also announced that the House had disagreed to 
the amendments of the Senate to the bill (H. R. 6876) to provide 
for certain of the most urgent deficiencies in the appropriations 
for the service of the Government for the fiscal year ending .Juno 
30, 1892, asked a conference with the Senate on the disagreeing 
votes of the two Houses thereon, and had appointed Mr. Sayers, 
Mr. HOLMAN, and Mr. Dingley managers at the conference on 
the part of the House. 

The message further announced that the House had appointed 
Mr. Richardson, Mr. McKaig, and Mr. Broderick. managers 
on the part of the House at the confei'ences on the disagreeing 
votes of the two Houses on the amendments of the Senate to the 
following concurrent resolutions of the House: 

Resolution to jjrint the eulogies delivered in Congress upon 
Hon. Leonidas C. Houk, late a Representative from the State of 
Tennessee; and 

Resolution to print the eulogies delivered in Congress upon 
Hon. W. H. F. Lse, late a Representative from the State of Vir- 
ginia. 

ENROLLED BILL SIGNED. 

The message also announced that the Sjieaker of the House 
had signed the enrolled bill (H. R. 6836) making appropriations 
to supply a deficiency in the Department of Agricultui-e, and for 
other purposes; and it was thereon signed by the Vice-Presi- 
dent. 

URGENT DEFICIENCY APPROPRIATIONS. 

Mr. HALE. I ask that the urgent deficiency appropriation 
bill, which has just come over from the House of Representatives, 
may be laid before the Senate with the request of the House for a 
conference. 

The VICE-PRESIDENT. The Chair lays bsfore the Senate 
the action of the House of Representatives on the bill (H. R. 6876) 
to provide for certain of the most urgent deficiencies in the ap- 
propriations for the service of the Government for the fiscal year 
ending June 30, 1892, disagreeing to the amendments of the Sen- 
ate to the bill and asking tor a committee of conference thereon. 

Mr. HALE. I move that the Senate insists on its amend- 
ments, and agree to the request of the House for a confei'ence. 

The motion was agreed to. 

By unanimous consent the Vice-President was authorized to 
appoint the conferees on the part of the Senate, and Mr. Hale, 
Mr. Allison, and Mr. Cockrell were appointed. 
change of reference. 

Mr. DOLPH. On the last business day of th^session the Sen- 
ator from Idaho [Mr. Shoup] introduced a bill (S. 2562) to pro- 



vide for the examination and classification of certain mineral 
lands in the States of Montana and Idaho, which was referred to 
the Committee on Mines and Mining. Looking at the bill I 
think the subject-matter should go to the Committee on Public 
Lands, as the Committee on Public Lands have already jurisdic- 
tion of a bill introduced by the Senator from Montana on the 
same subject. I understand that the Senator wlio introduced 
this bill is willing that the reference shall be changed. It should 
be referred to the Committee on Public Lands, and I therefore 
ask that that bo done. 

The VICE-PRESIDENT. That change of reference will be 
made in the absence of objection. The Chair hears no objection. 

bills introduced. 

Mr. BLACKBURN introduced a bill (S. 2569) for the relief of 
the legal representatives of Thomas L. Alexander; whidi was 
was read twice by its title, and referred to the Committee on 
Military Affairs. 

Mr. CARLISLE introduced a bill (S. 2570) to increase the pen- 
sion of Margaret E. Merrill; which was read twice by its title, 
and referred to the Committee on Pensions. 

Mr. BUTLER introduced a bill (S. 2571) to amend section 19 
of an act entitled "An act to regulate commerce,-' a])proved Feb- 
ruary 4, 1887; whi(rh was read twice by its title, and referred to 
the Committee on Interstate Commerce. 

Mr. FAULKNER introduced a bill (S. 2572) to carry out the 
findings of the Court of Claims in the case of Henry T. Woody; 
wliieh was read twice by its title, and referred to the Committee 
on Claims. 

Mr. HOAR introduced a bill (S. 2573) for the relief of AUx;rt 
J. Pratt, administrator: which was read twice by its title, and 
referred to the Committee on Claims. 

Mr. ALLISON introduced a bill (S.2574) to promote the safety 
of railway employes and travelers and requiring common car- 
riers engaged in interstate commerce to equip their cars with 
automatic couplers of a standard uniform type and continuous 
train brakes and their locomotives with power brakes, and for 
other purposes: which was read twice by its title. 

Mr. ALLISON. I wish to say tliat this bill has been prepared 
by a committee of railway State commissions, of which Mr. Spen- 
cer Smith of my Stato was chairman, and I expect that it is a 
^•aluable contribution to the general subject. I mqve that the 
bill be referred to the Committee on Interstate Commerce. 

The motion was agreed to. 

Mr. McMillan introduced a bill (S. 2575) to jwovide for the 
sale of certain lots in the District of Columbia: which was rewt" 
twice by its title, and referred to the Committee on the District 
of Columbia. 

Mr. SANDERS introduced a bill _(S. 2576) for the relief of C. 
L. Coder; which was read twice by its title, and referred to the 
Committee on Military Alfairs. 

Mr. ALLEN. For the Senator from Minnesota [Mr. Davis], 
who is necessarily called from the Chamber, I introduce a bill. 

The bill (S. 2577) for the relief of the legal representatives of 
Jacob H. Smyser was read twice by its title, and referred to the 
Committee on Military Alfairs. 

Mr. ALLEN introduced a bill (S. 2578) granting the vise of (.-er- 
tain land in Walla Walla County, State of Washington, to the 
city of Walla Walla, for the purposes of a public park; which was 
read twice by its title. 

Mr. ALLEN. In connection with this bill I wish to pi-esont 
the memorial of the city council of the city of Walla Walla, signed 
by Hon. John L. Roberts, mayor, praying for the passage of this 
bill; also, a like memorial signed by Hon. Thomas H. Brents, 
ex-Delegate in Congress, Hon. George T. Thompson, State sen- 
ator, Hon S. C. Wingard, late justice of the supreme court. W. 
H. Upton, judge of the superior court of Washington, and 150 
others of Walla Walla, to like ett'ect. 1 accompany the bill with 
a map also. I move that these petitions and the map accom- 
panying the bill be referred to the Committee on Jlilitary Af- 
fairs. 

The motion was agreed to. 

Mr. CHANDLER introduced a bill (S. 2.579) for the final set- 
tlement of the claims of the State of New Hampshire for the re- 
imbursement of national bounties advanced to recruits mustered 
into the service of the United States under the President's call 
of October, 1863: which was read twice by its title, and referred 
to the Committee on Claims. 

Mr. DIXON introduced a bill (S. 2580) granting a pension to 
Henry A. Frink; whicli was read twice by its title, and referred 
to the Committee on Pensions. 

Mr. SAWYER introduced a bill (S. i581) granting an increase 
of pension to Mary A. Curtiss: which was read twice by its title, 
and referred to the Committee on Pensions. 

Mr. COKE (by request) introduced a bill (S. 2582) to provide 
for an inspector of mines in the Indian Territory, and for other 



2038 



CONGEESSIONAL EEOOED— SENATE. 



March 14, 



purposes; which was read twice by its title, and referred to the 
Select Committee on the Five Civilized Tribes of Indians. 

Mr. MITCHELL introduced a bill (S. 2583) for the relief of 
William J. Murtag-h, late proprietor of the National Republican, 
of Washington, D. C; which was read twice by its title, and re- 
ferred to the Committee on Claims. 

Mr. WHITE introduced a bill (S. 2584) to remove the charge 
of desertion standing against the name of John L. Arms; which 
was read twice by its title, and referred to the Committee on 
Military Affairs. 

Mr. BLODGETT introduced a bill (S. 2585) granting a pension 
to Jacob Dissenger; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Pensions. 

Mr. DANIEL introduced a bill (S. 2586) to reimburse George 
C. Tanner, late consul, etc., the sum of $200, paid by himforrent 
of rooms; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Claims. 

Mr. HIGGINS introduced a bill (S. 2587) to grant a pension to 
Emily T. McMurtrie; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. PERKINS introduced a bill (S. 2588) granting an honor- 
able discharge to Henry W. Curtis; which was road twice by its 
title, and, with the accompanying papers, referred to the Com- 
mittee on Military Affairs. 

He also introduced a bill (S. 2589) for the relief of Francis Scala; 
which was read twice by its title, and referred to the Committee 
on Military Affairs. 

He also introduced a bill (S. 2590) granting a pension to Clara 
B. Hoyt; which was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. CULLOM introduced a bill (S. 2591) to relieve John Davis 
of the charge of desertion and to grant him an honorable dis- 
charge; which was read twice by its title, and referred to the 
Committee on Military Affairs. 

HON. THOMAS J. RORERTSON. 

Mr. BUTLER submitted the following resolution; which, with 
the accompanying brief, was referred to the Committee on Priv- 
ileges and Elections: 

Besolved, That the Secretary be, and Is hereby, authorized and directed to 
pay to Hon. Thomas J. Robertson, late a Senator from South Carolina. *— — , 
the amount due him as Senator in the Fortieth Congress from the 4lh of 
March. 18G7, lintil he was i)aid; said payment to be made from the miscella- 
neous items of the contingent fimd of the Senate. 

STATUE OF GEN. JOHN PATTERSON. 

Mr. DAWES submitted the following; which was read: 
Resolved, That the Committee on the Library be instructed to inquii*e into 
the expediency of gi\ing permission to the descendants of Gen. John Patter- 
son, of the Revolutionary army, to place in the Capitol at their ovra expense 
a statue of him : and that said committee indicate the character and location 
of the same. 

Mr. DAWES. I wish to say, in asking for the considei-ation 
of the resolution at this time, that Gen. Patterson rendered con- 
spicuous service in the Revolutionary war at the battle of 
Bunker Hill, at the siege of Boston, and at Ticonderoga, and 
among other things was one of the court-matial that tried Maj. 
Andre. I have caused to be prepared a sketch of his military 
services, which I will ask to have referred to the committee if 
the Senate shall adopt the resolution. His descendants now 
projiose, with the permission of Congress, to place in the Capi- 
tol, at their own expanse, if that be proper, a statue of Gen. 
Patterson, under the direction of the Committee on the Library. 

I hope there will be no objection to the adoption of the resolu- 
tion. 

Mr. COCKRELL. Let the resolution be again read. 

The VICE-PRESIDENT. The resolution will be again road. 

The Chief Clerk read the resolution. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the resolutionV 

Mr. COCKRELL. I fear that might be forestalling the com- 
mittee by requiring them before they had passed tipon the pro- 
priety of receiving the statute to designate a location for it. 

Mr. DAWES. They are only to inquire into the expediency 
of it. The resolution only gives them jurisdiction. 

Mr. COCKRELL. Let the last part of the resolution be again 
read. I think the resolution goes further than that. 

The VICE-PRESIDENT. The r.-solution will be again read. 

The Chief Clerk again I'ead the resohition. 

Mr. DAWES. That is, if the committee conclude tog'ivo per- 
mission they will indicate the place and character. 

Mr. COCKRELL. If that is the understanding, I have no ob- 
jection. 

The resolution was considered by unanimous consent, and 
agreed to. 

Mr. DAWES. I ask that the paper which I had in my hand 
may bo referred to the committee with the resolution. 

The VICE-PRESIDENT. That order will be made in the ab- 
sence of objection. 



ANTONIO MAXIMO MORA. 
Mr. HOAR submitted the following resolution; which was 
considered by imanimous consent, and agreed to: 

Scsohed. That the President be requested to commimicate to the Senate, 
if not In his opinion Incompatible with the public Interests, the diplomatic 
and consular correspondence in regard to the claim of Antonio Maximo 
Mora, a citizen of the United States, against the Government of Spain, since 
and including Mr. Caleb Cushing's note of October 21, 1875, to the Count of 
Cara Valencia; also the correspondence between the Government of the 
United States and Mr. Mora, his agents or attorneys, during the same period 
on the same subject. 

COLLECTION DISTRICT OF PUGET SOUND. 

The VICE-PRESIDENT. Is there further morning business? 
If not, thatorder is closed, and the Calendar under Rule VIII is in 
order. 

Mr. DOLPH. I ask that the motion of the Senator from 
Washington [Mr. Squire] to reconsider the vote by which the 
Senate passed the bill (S. 722) to amend the act entitled "An act 
to reorganize and establish the customs-collection district of 
Puget Sound," approved August 28,1890, was passed, be now taken 

U]). 

The VICE-PRESIDENT. The question is on the motion to 
reconsider the vote by which the bill was passed. 

Mr. SQUIRE. Mr. President, this is a measure that affects 
the State of Washington in an important degree. It is proposed 
by this bill to cut off all that portion of Washington which bor- 
ders on the Columbia River for more than 100 miles from its 
mouth. I have proposed a reconsideration of this bill with a 
view of asking the Senate to recom mit the bill to the Committee 
on Commerce, for the reason that I had no notice of the bill until 
it was reported favorably by the Committee on Commerce and I 
saw it on the Calendar. I think fair play entitles the State 
thi'ough her representatives here to such a showing as can be 
made and ought to be made on this subject. 

However, I understand the Senator from Oregon [Mr. DolphI 
proposes to have the discussion take place right here and now' 
on this question of reconsideration, and then he proposes to 
make a motion to lay it on the table. With that understanding 
of the matter, I shall proceed to present a few suggestions briefly 
in an offhand manner to the Senate. 

I learn from the Treasury Department that in the erection or 
institution of new customs collection districts it is the policy of 
the Government to follow State lines as near as practicable. And 
it seems to me this is done for a very good reason. It assimilates 
the habits of the people in all respects as regards the operations 
of the different departments of the Government. For example, 
this is done in reference to the United States courts and the ad- 
ministration of State affairs. In this way the operation of law 
bi'comes simple so far as relates to the boundaries of districts, 
and the people are loss likely to be confused. Besides this, it is 
important that the statistics of commerce of the various States, 
so far as practicable, should be exhibited through the reports 
made from the collectors of customs. 

In accordance with this view, a very excellent act was passed, 
approved August 28, 1890, providing for the reorganization and 
establishment of the custom.s-collection district of Puget Soimd. 
In this act it was provided that there be a head port of entiy at 
Port Townsend and that there be subports of entry at Seattle, at 
Tacoma, at Port Angeles, and at some point on Bellingham Baj', 
and at some point on Gray"s Harbor, "and such other points as 
the Secretary of the Treasury may from time to time designate.'' 

Under this provision there have been made since the passage 
of this act subports of entry at Aberdeen, on Gray's Harbor, at 
New Whatcom, on Bellingham Bay, and at Blaine, which is right 
on the boundary line between the State of Washington and Brit- 
ish Columbia. It is contemplated that at no distant day a sub- 
]Kirt be located near the mouth of the river, on the Washington 
State side. 

There are already indications of a much larger development 
there than ha-s been going on heretofore. The nature of the coun- 
try is such that it can hi easily developed. The nature of the 
holding groimd there for vessels is such that they like to lie there 
at Baker's Bay; and I myself have alighted from an ocean steamer 
just after getting over the turbulent waters of the Columbia River 
bar. When we had arrived at the placid waters of Baker's Baj' 
I stepped right upon an elegant river steamer that goes up to 
Portland, and therefore I judge that it is a place which can nat- 
tirally be developed into a tine port of entry. 

The point I make is this: Under the present law all that is 
needful is the action of the Secretary of the Treasury to desig- 
nate this place as a portof entry. That is combated by the Sen- 
ator from Oregon with the statement that whenever a subport 
of entry is needed there, one can be created by law. That, of 
course, is true. But why throw away the opportunity that these 
people possess to have a subport created there by the action of 
the Secretary of the Treasury at any time? 

The State of Washington is growing very rapidly. It is not 
like .some of the older States, and even in the older States I doubt 



1892. 



CONGRESSIONAL RECORD— SENATE. 



2079 



Petitions praying for the enactment of legislation for the en- 
coui-agemout of silk culture— refex-red to the Committee on Ag- 
riculture and Forestry. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products— to the Committee on the Judiciary. 

Petitions praying for the passage of House bill 395, defining 
lard and imposing a tax thereon— ordered to lie on the table. 

Petitions praying for the passage of a bill to prevent the adul- 
teration of food and drugs— ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts—referred to the Committee on Post-Offices and Post-Roads. 

Mr. ALLEN presented the following petitions of Washougal 
Grange, Patrons of Husbandry, of Washington: 

Petition praying for the enactment of legislation to prevent 
gambling in farm products— referred to the Committee on the 
Judiciary. 

Petition praying for the passage of House bill 395, defining lard 
and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs— ordered to lie on the table. 

Petitions praying for the fi-ee delivery of mails in rural dis- 
tricts—referred to the Committee on Post-Offices and Post- 
Roads. 

Mr. GALLINGER pi-esented the following petitions of Golden 
Rod and Advance Granges, Patrons of Husbandry, of New Hamp- 
shire: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk culture— referred to the Committee on Ag- 
riculture and Forestry. 

Petitions jiraying for the enactment of legislation to prevent 
gambling in farm products — to the Committee on the Judiciary. 

Petitions praying for the passage of House bill 395, defining 
lard and imposing a tax thereon— ordered to lie on the table. 

Petitions praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts— referred'to the Committee on Post-Offices and Post-Roads. 

Petition praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts— to the 
Committee on Finance. 

REPORTS OF COMMITTEES. 

Mr. TURPIE, from the Committee on Pensions, to whom was' 
referred the petition of William C. Tarkington, of Marion 
County. Ind.. praying for au increase of pension, submitted a 
report thereon, accompanied by a bill (S. 2592) granting an in- 
crease of pension to William C. Tarkington; which was read 
twice by its title. 

He also, from the same committee, to whom was referred the 
petition of Samuel M. Campbell, of Marion County, Ind., pray- 
ing for an increase of pension, submitted a report thereon, ac- 
companied by abill (S. 2593) granting an increase of pension to 
Samuel M. Campbell, of Marion County, Ind.: which was read 
twice by its title. 

He also, from the same committee, to whom was referred the 
bill (S. 1303) to increase the jjension of Mrs. S. A. Farquharson, 
reported itwith an amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
petition of Adelia New, praying to be allowed a pension, sub- 
mitted a report thereon, accompanied by a bill (S. 2(j0o) granting 
a pension to Adelia New: which was read twice by its title. 

Mr. PADDOCK, from the Committee on Pensions, to whom 
were referred the following bills, submitted adverse reports 
thereon, which were agreed to; and the bills were postponed in- 
definitely: 

A bill (S. 1572) granting an increase of pension to H. Cook 
Griffith; 

A bill (S. 542) grantLag an increase of pension to Ezra A. Mil- 
ler: and 

A bill (S. 870) for the relief of Daniel W. Boutwell. 

Mr. PADDOCK, from the Committee on Pensions, to whom 
was referred the bill (S. 1188) granting a pension to Samuel P. 
Glenn, reported it with an amendment, and submitted a i-cport 
thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 1675) granting an increase of pension to John Kinney, re- 
ported it without amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 1535) to increase the pension of Andrew J. Monroe, re- 
ported it with an amendment, and submitted a report thereon. 

Mr. GALLINGER, from the Committee on Pensions, to whom 
•was referred the bill (S. 453) granting a pension to Eliza Conroy. 
reported it without amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 1148) granting a pension to Mary A, Wise, reported it 
with amendments, and submitted a report thereon. 



Mr. SHOUP, from the Committee on Pensions, to whom was 
referred the bill (S. 520) granting an increase of pension to Oli- 
ver P. Goodwin, reported it without amendment, and submitted 
a report thereon. 

Mr. WHITE. lamdirected by the Committee on Public Lands, 
to whom was referred the bill (S. 2123) to set apart a tractof land 
in the State of California for the use of the Lick Observatory of 
the astronomical department of the University of California, to 
report it adversely, because a similar bill, a House bill, has al- 
ready passed the Senate. I move that this bill bo indefinitely 
postponed. 

The motion was agreed to. 

Mr. DAWES, from the Committee on Indian Affairs, to whom 
were referred three amendments submitted by Mr. Perkins 
and one amendment by Mr. Carey on the 9th inst. intended to be 
proposed to the Indian appropriation bill, reported them favor- 
ably, and moved their reference to the Committee on Appropri- 
ations; which motion was agreed to. 

Mr. xVLLEN, fromtbo Committee on Public Lands, to whom 
was referred the bill (S. 1110) for the relief of .John C. Smith, 
Milton Evans, and others, reported it with amendments, and sub- 
mitted a report thereon. 

Tslr. JONES of Arkansas, from the Committee on Indian Af- 
fairs, to whom was referred the bill (S. 1024) to authorize the 
Quauah and Oklahoma Railway Company to construct and oper- 
ate a railway in the Indian Territory, and for other purposes, re- 
ported it with an amendment. 

BILLS INTRODUCED. 

Mr. BERRY introduced a bill (S. 2594) for the adjustment of 
the rights of the Indians and Indian tribes to lands owned or oc- 
cupied by them in the Indian Territory, and for other arrange- 
ments with a view to the creation of a State embracing such Ter- 
ritory; which was read twice by its title, and referred to the 
Committee on Indian Affiairs. 

Mr. MORGAN. I have a bill that I desire to introduce and 
to send to the Committee on Post-Offices and Post-Roads. We 
have had for soveral days a very earnest debate here about pro- 
viding facilities for post-offices in the different towns and cities 
and villages of the country. I have had some personal observa- 
tion and experience about this matter, especially during tlio last 
summer, and I think that without changing any law that is on 
the statute book, but by adding to the facilities of the Post-Office 
Department for obtaining the vise of buildings for post-office pur- 
poses, we can very easily interest private capital and private en- 
terprise in the building' of these post-offices upon long terms of 
lease, say renewable after tlie lapse of 10 years at the instance 
of the Post-Office Department, at a fixed rate of rental which 
shall be the maximum, a rate not to be exceeded and liable to be 
reduced, if it may be, by biddings between people in the locali- 
ties for the contract of rental, the house to be in all respects ac- 
cording to a plan and specifications to be arranged by the Post- 
master-General, and to bs locatsd within a district of town, or 
village, or city where the commei-cial and industrial convenience 
of the people 'would be best subserved, to be furnished in a style 
to be prescribed in the specifications, to have either iron sajfes 
or fire-proof vaults, or both, as the Postmaster-General might 
I'equire, according to the importance of the business to be done, 
and to have an open policy of insurancs taken out in the name 
of the lessor for the benefit of the United States, to cover from 
time to time any ]5roi")erty of the Government that might be ex- 
posed to fire and loss thereby in the course of years, and other 
details which are presented in the bill and which I now mention 
for the purpose of inviting the attention of the Committee on 
Post-Offices and PostrRoads to the subject, for it is really a crying 
want in the country to have safe, secure, convenient, and healthy 
post-offices. Not only so, but the system of leasing as it is now 
conducted is one of reckless extravagance, and necessarily so, 
not because the Post-Office Department wants to spend money 
recklessly, but because it cannot help itself. 

In various towns and villages, say villages of three or four 
thousand inhabitants and towns of twelve or fifteen thousand in- 
habitants, especially in the Southern country, the post-offices are 
almost entii-ely found in some building that is occupied by other 
business, above stairs usually. It is a building that has been 
erected for the purpose of carrying on merchandise or some me- 
chanical industry, not at all fi'tted for the purposes of a post- 
office, inconvenient as to light, as to heat, as to drainage, as to 
water supply, and in various other ways very inconvenient and 
very unsafe. The bill that I propose prevents the occupation of 
a post-office building for any other purposes than for those that 
belong legitimately to the service of a post-office. 

Having said this much about it, Mr. President, I will introduce 
the bill and have it referred to the Committee on Post-Offices 
and Post-Roads, with the sincere hojie thatthey mayt ake the sub- 
ject up and dispose of it. I think it is presented in a simple form. 



2080 



CONGRESSIONAL EECORD— SENATE. 



Maech 15, 



The bill (S. 2595) to increase the facilities of the Post-OfHce 
Department for obtaining the use of buildings for postroffice pur- 
poses was read twice by its title, and referred to the Committee 
on Post-Ofiices and Post-Roads. 

Mr. COLQUITT. The bill which I now introduce is a bill to 
provide salaries for United States marshals and for divers other 
objects connected with the collection of internal revenue. It 
was prepared by a very capable lawyer, who, by reason of his 
connection with one of the Departments in this city for a long 
time and subsequently being attached to the revenue service in 
the States, is well acquainted with the evils which are sought to 
be remedied, and after consultation with divers officers engaged 
similarly he has sent me this draft of a bill. All of its specific 
provisions I do not approve of; but the object of the bill is in 
perfect accord with my views, and it is introduced with the hope 
that in the discussion of it by the able Committee on the .Tudici- 
ary some measure may be prepared that will remedy the evils 
which are recognized to exist everywhere, and the result will be 
generally acceptable. 

Mr. VEST. I simply wish to remark to the Senator from 
Georgia that a bill has been prepared and is now pending in the 
.ludiciary Committee, coming from a subcommittee, and it will 
be examined by the full committee, which fixes the foes of United 
States district attorneys. Abillfixing the fees of United States 
marshals is now pending before the .Judiciary Committee and is 
under the consideration of the Attorney-General, who will, I un- 
derstand, send it back to the committee for their action in a few 
days. Of course this bill will be considered by the committee, 
but the chairman is here to speak for the committee. 

Mr. HOAR. I did not understand what the Senator was re- 
ferring to. 

Mr. VEST. The Senator from Georgia [Mr. Colquitt] pro- 
poses to introduce a bill fixing the fees of United States attor- 
neys and marshals, and I simply remarked that there was already 
such a bill pending before the .Judiciary Committee. 

Mr. HOAR. I may add, Mr. President, that the matter has 
I'eceived very industrious attention from the Senator from Mis- 
souri [Mr. Vest] and the Senator from Colorado [Mr. Teller] 
as a subcommittee, who have taken great pains to collect the 
necessary data with reference to the proper amount of salaries 
to be allowed, if the salary system should be substituted. The 
bill of the Senator from Georgia will be referred to those gen- 
tlemen as a subcommittee, and they will obtain such information 
as is necessary about it. 

The bill (S. 2696) to provide salaries for United States mar- 
shals. United States attorneys, and clerks of circuit and district 
courts of the United States, and to regulate fees of United States 
deputy marshals, circuit court commissioners, and for other pur- 
poses, was read twice by its title, and referred to the Committee 
on the Judiciary. 

Mr. JONES of Arkansas introduced a bill (S. 2597) to include 
lot 89, at Hot Springs, Ark., in the public reservation at that 
place; which was read twice by its title, and referred to the Com- 
mittee on Public Lands. 

Mr. GALLINGER (by request) introduced a bill (S. 2598) for 
the relief of George W. Quintard; which was read twice by its 
title, and referred to the Committee on Claims. 

Mr. FELTON (by request) introduced a bill (S.2599) releasing 
the right, title, and interest of the United States to the piece or 
parcel of land known as the Cuartel lot to the city of IMonterey, 
Cal.; which was read twice by its title, and referred to the Com- 
mittee on Public Lands. 

Mr. PEPPER introduced a bill (S. 2600) to regulate the value 
of certain coins and pieces of money, to give to all sorts of cur- 
rent money equal qualities of legal tender, and to prohibit and 
prevent discriminations in favor of gold coin or bull ion as money: 
which was read twice by its title, and referred to the Committee 
on Finance. 

Mr. PERKINS introduced a bill (S. 2601) to amend an act en- 
titled "An act to grant the right of way to the Pittsburg, Colum- 
bus and Port Smith Railway Company through the Indian Ter- 
ritory, and for other purposes; '' which was read twice by its title, 
and referred to the Committee on Indian Aft'airs. 

Mr. KYLE introduced a bill (S. 2602) to establish a militarv 
post near the city of Forest City, in Potter County, in the State 
of South Dakota: which was read twice by its title, and referred 
to the Committee on Military Affairs. 

Mr. PALMER introduced a bill (S. 260.3) for the erection of a 
public building at the city of Lincoln, 111.; which was read twice 
by its title, and referred 'to the Committee on Public Buildings 
and Grounds. 

^ McMillan introduced a bill (S. 2604) to reclassify and 
prescribe the salaries of railway postal clerks; which was read 
twice by its title, and, with the accompanying papers, referred 
to the Committee on Post-Oflfices and Post-Roads. 



AMENDMENT TO A BILL. 

Mr. CASEY submitted an amendment intended to be proposed 
by him to the Indian appropriation bill; which was referi'ed to 
the Committee on Appropriations, and ordered to be printed. 

PETITIONS WITHDRAWN AND REFERRED. 

Ml-. ALLISON. I ask for the adoption of an order. I am not 
sure that the order is necessary, but I think it is. 

The VICE-PRESIDENT. The order will be read. 

The order was read, as follows: 

Ordered. That the petit ious of Ihe Iowa Farmers' Alliance in favor of the 
autioption bill, introduoed at the last Congress, be withdrawn from the flies 
of the Senate and referred to the Committee on the Judiciary. 

Mr. ALLISON. I would strike out "of the Iowa Farmers' 
Alliance '•' and insert "all," after the first word, " that." There 
are a great number of such petitions, I will state to the Senate, 
which were presented during the last Congress, and they are on 
the files of the Senate. I think the Judiciary Committee ought 
to have the benefit of those petitions. 

Ml'. PADDOCK. Why not make it general, so as to cover all? 

Mr. ALLISON. I think that should be done. So I ask that 
the word "all" be inserted so as to read, " that all the petitions 
in favor of the antiojjtion bill introduced at the last Congress be 
withdrawn from the files of the Senate and referred to the Com- 
mittee on the Judiciary." 

Mr. HOAR. I think it would be better to have it include all 
petitions and memorials on the subject. 

The order as modified was agreed to, as follows: 

Ordered, That all the petitions in favor of the antloption bill introduced at 
the last Congress be withdrawn from the files of the Senate and referred to 
Ihe Clommittee on the Judiciary. 

URGENT DEFICIENCY APPROPRIATIONS. 

Mr. HALE submitted the following report: , 

The corainittee of conference ou the disagreeing votes of the two Houses 
outhe amendmeutsof the Senate to the bill (H.R.6876; to provide for certain 
of the most urgent dcHciencies in the ai)propriations for the service of the 
Government for the liscal year ending June 30, 1893, haviugmet, aft«r full and 
free conference have agreed to recommend aud do recommend to their re- 
spective Houses as follows: 

That the .Senate recede from its amendment numbered 3. 

That the House recede from its disagreement to the amendments of the 
Senate numbered 3, 8, 9,, and 10; and agree to the same. 

That the Hotise recede from its disagreement to the amendment of the Sen- 
at«> numbered 1, aud agree to the same with an amendment as follows: 

In lieu of the sum proposed insert ••K',000;" and the Senate agree to the 
same. 

That the House recede from Its disagreement to the amendment of the Sen- 
ate numbered 4, and agree to the same with an amendment as follows : In 
lieu of the sum proposed insert "$<3.000; " and the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the .Sen- 
ate numbered li. aud agree to the same with an amendment as follows; In 
lieu of said amendment insert the following: 

••Health department: For the collection and removal of garbage, JIB.OOO, of 
which stun not more than 1(8. IKHI shall be expended in iJayment of expense^ 
heretofore incurred, and the balance shall be exiJended for said work during 
the remainder of the fiscal year; and legal proceedings shall forthwith be 
instituted aud fully prosecuted against the old contractor and his bondsmen 
under the contract for said work." 

And the Senate agree to the same. 

That the House recede from Its disagreement to the amendment of the 
Senate numbered O, and agree to the same with an amendment as follows: 
In lieu of the matter inserted by said amendment insert tlie following: 

"One deputy marshal, at .$.'!per day uutll and including March 31 next, and 
after said date all compensation for said deputy marshal shall be paid from 
fees received by the marshal." 

And the Senate agree to the saine. 

That the House recede from its disagreement to the amendment of the 
.Senate numbered 7, and agree to the same mth an amendment as follows: 
In lieu of the .sum proposed insert •'JlS.OrO; " and the Senate agree to the 
same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 11, and agree to the same with amendments as follows: 

insert, after the word " purposes," in line 8 of said amendment, the words 
•until the fifteenth day of April next;" and in the last line of said amend- 
ment strike out the words •■ first day of May" and insert in lieu thereof the 
words "fifteenth day of April;" and the Senate agree to the same. 

EUGENE HALE, 
W. D. ALLISON. 
F. M. COCKRELL. 
Ma7iagers on the part of the Senate. 
JOSEPH D. SAVERS, 
NELSON DINGLEY, JB., 
Managers on the jiart of the Bouse. 

The VICE-PRESIDENT. The question is on agreeing to the 
report. 

Mr. HALE. Mr. President, before the report is acted upon I 
wish to take occasion to call the attention of Senators to a diffi- 
culty which is met by the Senate conferees in conference with 
the House conferees. 

The House conferees complain that in many cases where the 
papers have come in from the Departments or otherwise they are 
ncjt first submitted to the House in making up its bills, andthat 
where there is ample opportunity given, if that fails to be done, 
the House itself as a body, or its committee representing the 
body, has no chance to fully examine the matter. The conferees 
on the part of the Senate were impressed somewhat with the 
force of this objection. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



2145 



Whole, proceeded to consider the bill. It proposes to amend 
section 1216 of the Revisad States, S3 as to read: 

Sec. 1216. Thatwhcnany enlisted man of the Army shall have distinguished 
himself in the service, the President may. at the recommendation of the com- 
manding officer of the regiment or the chief of the corps to which such en- 
listed man belongs, grant him a certiflcate of merit. 

Mr. HAWLEY. I will state the nature of the correction. 
The statute on that subject was passed with the word "private," 
describing the soldier, that the certilicatc of merit might be 
granted to a private soldier. That was found to rule out non- 
commissioned officers who frequently distinguish themselves in 
Indian fig-hts and ought to have the reward of merit. So we 
change the statute from ■'private soldier" to "enlisted man." 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

BILLS INTKODUCED. 

Mr. PEFFER. Some weeks ago I introduced a bill for the re- 
lief of Daniel W. Boutwell, and it was referred to the Commit- 
tee on Pensions. The relief is in the nature of a claim against 
llio Government, and it appears that the claimant was not an en- 
listed soldier. For that reason the Committee on Pensions very 
properly reported the bill adversely. I have drawn another bill, 
with a view of having it referred "to the Committee on Claims, 
which I think is the proper committee. I now introduce a simi- 
lar bill for that ptirpose. 

The bill (S. 2tJ17) for the relief of Daniel W. Boutwell, was 
read twice by its title, and referred to the Committee on Claims. 

Mr. PEFFER introduced a bill (S. 2618) to establish an elec- 
ti'ical experiment station for the purpose of investigating and 
determining whether electricity can be profitably applied as a 
motive power in the propulsion of farm machinery and imple- 
ments: which was read twice by its title, and referred to the 
t 'ommittee on Agriculture and Forestry. 

Mr. MCMILLAN introduced a bill (S. 2619) to vacata part of 
Madison street and extend Y street, in Georgetown; which wag 
read twice by its title, and, with the accompanying i)apers, 
fcrred to the Committee on the District of Columbia. 

He also introduced a bill (S. 2620) for the relief of Patrick Cul 
han: which was read twice by its title, and, with the accf 
panying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 2621 ) for the relief of Thomas P. 
Sheehan and Robert Dunn, composing the firm of Sheehan Si^ 
Dunn: which was read twice by its title, and referred to the Com- 
mittee on Claims. 

He also introduced a bill (S. 2622) for the removal of the charge 
of desertion from the record of Timothy Way; which was reai 
twice by its title, and, with the accompanying papers, referred ' 
the Committee on Military Att'airs. 

Mr. SHERMAN introduced a bill (S. 262.'!) to provide for the 
erection of a public building in the city of East Eiverpool, Ohio; 
which was read twice by its title, and referred to the Committee 
im Public Buildings and Grounds. 

Mr. VOORHEES introduced a bill (S. 2624) granting an in- 
iiease of pension to Amelia A. Taylor: which was read twice by 
its title, and referred to the Committee on Pensions. 

Mr. PLATT introduced a joint resolution (S. R. 63) for the ap- 
pointment of a commissioner from the District of Columbia, to 
act with commisionei's from the States, for tlie promotion of uni- 
formity of legislation in the United States: which was read twice 
by its title, and, with the accompanying papers, referred to tlie 
Committee on the Judiciary. 

MESSAfAK FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House had passed 
a concurrent resolution to print 4.t,0<X) copies of the Special Re- 
port on the Diseases of the Horse. 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House liad 
signed the following enrolled bills: and they were thereupon 
signed by the Presidentpro tempore: 

A bill (S. 1058) to prevent fraudulent transactions on the part 
of commission merchants and other consignees of goods and other 
property in the District of Columbia; 

A bill (H. R. 3980) ratifying the act of the Sixteenth Terri- 
torial Legislative Assembly of Arizona, approved March 19, 1891, 
making appropriation in aid of Arizona's exhibit at the World's 
Columbian Exposition; 

A bill (H. R. 6876) to provide for certain of the most urgent 
deficiencies in the appropriations for the service of the Govern- 
ment for the fiscal year ending June 30, 1892; and 

A bill (H. R. 5755) to provide for terms of the United State!? 
circuit and districts courtsat Cumberland, Md. 



AMENDMENT TO .\ BILL. 

Jlr. PETTIGREW submitted an amendment intended to be 
proposed by him to the Indian appropriation bill; which was re- 
ferred to the Committee on Appropriations, and ordered to be 
printed. 

REPORT ON DISEASES OF THE HORSE. 

The PRESIDENT 2ji'0 tempore laid bafore the Senate the fol- 
lowing concurrent resolution of the House of Representatives; 
which was referred to the Committee on Printing: 

Jiesolved hij the llousf. of Hftimmifatireit (the Senate co/Jcu/Ti/i*/). That there 
be printed 4.5,000 copies of the Special Report on the Diseases of the Horse, 
prepared under the supervision of the chief of the Bureau of Animal Indus- 
try; 10,000 copies for the use of members of the Senate, and Si.OOO copies for 
the use of the members of the House of Representatives. 

EXECUTIVE SESSION. 

Mr. HOAR. I move that the Senate proceed to the considerar 
tion of executive business. 

The motion was agreed to; and the Senate proceeded to tho 
consideration of executive business. After four hoursand twenty- 
five minutes spent in executive session the doors were reopened, 
and (at 4 o'clock and 45 minutes p. m.) the Senate adjotu-ned un- 
til to-morrow, Friday, March 18, 1892, at 12 o'clock meridian. 



NOMINATIONS. 

Executive wrminaiions received by the Senate March 17, 1S93. 

KEGISTER OF LAND OFFICE. 

George M. Bowen, of Alpine, Colo., to be register of the land 
office at L?adville, Colo., vice Henry R. Pendery, term expired. 

PROMOTIONS IN THE NAVY. 

Paymaster Robert P. Lisle, to bs a pay inspector in the Navy, 
from the 19th of January, 1892, vice Pay Inspactor James Hoy, 
retired. 

Pa siied Aji sistant Paymaster Reah Frazer, to be a paymaster 
from the 19th of January, 1892, vice Paymaster R. 
P. Lisle, promoted. To be subject to the examinations required 
by law. 

-J-Eliu^lPBl^sistant Paymaster Henry R. Smith, to be a paymas- 
ter in the Navy, from the 19th of February, 1892, vice Paymaster 
John F. Tarbell, retired. To be subject to the examinations re- 
riiiirpiij 



Passed Assistant Paymaster Hiram E. Drury, to b? a paymaster 
in the Navy, from the" 25th of February, 1892, vice Paymaster C. 
P. Thompson, retired. 

APPOINTMENT IN THE NAVY. 

Champo Carter McCuUoch, a resident of Texas, to be an as- 
sistant surgeon in the Navy, to till a vaneancy in that grade. 

POSTMASTERS. 

Mrs. Dora Clow, to ))e postmaster at Arkadelphia, in the county 
of Clark and State of Arkansas, in the place of Elizabeth J. Cook, 
whose commission expired January 16, 1S92. 

Joseph W. Cavis. to be postmaster at Stockton, in the county 
of San Joaquin and State of California, in the place of William 
C. Smith, deceased. 

Asa A. Hardman, to be postmaster at Leesburg, in the county 
of Lake and State of Florida, in the place of John C. Luning, 
whose commission expired January 9, 1892. 

Frank A. Battey, to be postmaster at Englewood, in the county 
of Cook and State of Illinois, in the place of Oliver N. Goldsmith, 
whose commission expired January 23, 1892. 

Hibben S. Corwin. to be postmaster at Peru, in the county of 
La Salle and State of Illinois, in the place of Hibben S. Corwin, 
whoso commission expired January 16, 1892. 

Nicholas Morper, to be postmaster at South Evanston, in the 
county of Cook and State of Illinois, in the place of Nicholas 
Morper, whose commission expires April 6, 1892. 

William S. Strong, to be postmaster at Morris, in the county of 
(Jrundy and State of Illinois, in the place of Eugene B. Fletcher, 
resigned. 

Fred W. Edmonds, to be postmaster at Kinsley, in the county 
of Edwards and State of Kansas, in the place of Walter .S. He- 
bron, resigned. 

Laura Goodfellow, to be postmaster at Fort Leavenworth, in 
the covinty of Learenworth and State of Kansas, in the place of 
Clara L. Nichols, resigned. 

Edwin J. Smith, to b3 postmaster at Whitshall, in the county 
of liluskegon and State of Michigan, in tho place of John H. 
Chapman, whose commission expired January 23, 1892. 

George Andrus. to bs postmaster at Chatfield, in the comity 
of Fillmore and State of ^Minnesota, in the place of Harry L. 
Atchison, whose commission expired January .'10, 1892. 

George W. Shoemaker, to be postmaster at Albany, in the 



XXIII- 



-13.5 



2146 



CONGRESSIONAL RECORD— HOUSE. 



March 17, 



county of Gentry and Stata of Missouri, in the place of Francis 
M. Sstzer, removed. 

Marv P Ballantine, to be postmaster at Syracuse, in the county 
of Otoo and State of Nebraska, in tlio place of Mary F. Ballan- 
tine, whose commission expires March 19, 1892. 

Charles Wood, to be postmaster at Sidney, in the county of 
Delaware and State of New York, in the place of Thomas N. 
Poole removed. . 

.Tames J. Perkins, to be postmaster at Greenville, in the county 
of Pitt and State of North Carolina, the appointment of a post- 
master for the said office having, by law, become vested in the 
President ou and after January 1, 1892. 

Isaac N. Eveleth, to bo postmaster at National Military Home, 
in the county of Montgomery and State of Ohio, in the place of 
Alvan S. Ga'lbreath, resigned. 

Henry G. White, to be postmaster at Millersburg, in the county 
of Holmes and State of Ohio, in the place of Allen G. Sprankle, 
■whose commission expires April 5, 1892. , . ,, 

William H. Bosserman, to bo postmaster at Newport, in the 
county of Perry and State of Pennsylvania, in the place of Joshua 
S. Leiby, whose commission expired January 5. 1892. 

AVilliam F. Briggs, to be postmaster at Honesdalc, in the county 
of Wayne and Stats of Pennsylvania, in the place of Eben II. 
Claris, whose commission expires March 20, 1892. _ 

Jonathan N. Langham, to be postmaster at Indiana, in the 
county of Indiana and State of Pennsylvania, in the place of Fan- 
nie W. Nixon, whose commission expired December 21. 1891. 

Asaph S. Light, to be postmaster at Lebanon, in the county of 
Lebanon and State of Pennsylvania, in the place of William M. 
Bivslin, whose commission expired February 3, 1891. 

Hiram Young, to ba postmaster at York, in the county of \ ork 
and State of Pennsylvania, in the place of James B. Small, de- 
ceased. . , . , 
Joseph Hare, to b3 postmaster at Hill City, m the county of 
Pennington and State of South Dakota, the appointment of a 
postmaster for said office having, by law, become vested in the 
President on and after October 1, 1891. . 

Gcoro-e H. Chipman. to be postmaster at Childress, in the 
county of CliiUlress and State of Texas, the appointment of a 
postm'aster for the said office having, by law, become vested in 
the President on and after January 1, 1892. 

Robert L. Livingston, to be postmaster at Piano, in the county 
of Collin and State of Texas, the appointmentof a postmaster for 
the said office having, by law, become vested in the President on 
and after January 1, 1892. . 

Charles D. Kimball, to be postmaster at Mount Vernon, in the 
county of Skagit and State of Washington, the appointment of a 
postmaster for the said office having, by law, become vested in 
the President ou and after January 1, 1892. _ 

(^ooro-e S. McWilliams, to be postmaster at Oakesdale, m the 
county 'of Whitman and State of Washington, the appointment 
of a postmaster for the said office having, by law, become vested 
in the President on and after January 1, 1892. 

Edward L. Whitlemoro, to be postmaster at Kent, m thecounty 
of King and State of Washington, the appointment of a postmas- 
ter for'the said office having, by law, become vested in the Presi- 
dent on and after January 1, 1892. , . , 

Andrew E. Elmore, to be postmaster at Fort Howard, in the 
county of Brown and State of Wisconsin, in the place of James 
Tiernan, whoso commission expires April 5, 1892. 



CONFIRMATIONS. 
Executive nominations confirmed b7j the Senate March 17, 1S92. 

APPOINTMENT IN THE NAVY. 

Charles Perry Bagg, a resident of California, to be an assist- 
ant surgeon in the navy. 

CIRCUIT JUDGES. 

William A.Woods, of Indiana, to be United States circuit judge 
for the seventh judicial circuit. 

William L. Putnam, of Maine, to be United States circuit judge 
for the first Judicial circuit. 

Walter H. Sanborn, of Minnesota, to be United States circuit 
ludgo for the eighth judicial circuit. 

William H. Tatt.of Ohio, to be United States circuit judge for 
the sixth judicial circuit. . . 

Nathan Goff, of West Virginia, to be United States circuit 
judge for the fourth judicial circuit. 

George M. Dallas, of Pcnnsylvjinia, to be United States circuit 
judge for the third judicial circuit. 

Nathaniel Shipman.of Connecticut, to be United States circuit 
judn-e for the second judicial circuit. 

A^ndrew P. McCormick, of Texas, to be United States circuit 
judge for the fifth judicial circuit. 

Joseph McKenna, of California, to be United States circuit 
judge for the ninth judicial circuit. 



HOUSE OP EEPRESENTATIVES. 

Thursday, March 17, 1892. 
The House met at 12 o'clock m. Prayer by the Chaplain, 
Rev. W. H. Mir-BURN, D. D. 
The Journal of the proceedings of yesterday was read. 

RETURN OF A BILL, TO A COMMITTEE. 

Mr. BOWERS. Mr. Speaker, I ask to get a bill returned to 
the Military Committee, whicli was ]jut in the petition box by 
mistake. My request is that the bill H. R. 4639, to remove the 
charge of desertion from the military record of Romantus Lake, 
which was put in the petition box by mistake, and is now ou the 
Calendar, be returned, together with the report upon it, to the 
committee. 

The SPEAKER. The gentleman states that the bill was re- 
ported by mistake, and it will be returned to the committee. 

QUESTION OP PRIVILEGE. 

Mr. BUTLER. I rise to a question of privilege in connection 
with the Record, in refer.-nce to a speech that was delivered 
and held for revision. The member from Massachusetts [Mr. 
Walker] in delivering his address on the taritt' question the 
other day, was interrupted by ma, with his consent, to ask a 
question. I was excited a little in regard to what transpired at 

that time 

Mr. ATKINSON, I wish to suggest that tfte gentleman from 
Massachusetts [Mr. Walker] is not now here. 
(Mr. Walker at this point entered the Hall.] 
Several MEMBERS. The gentleman is here now. 
Mr. BUTLER. Being permitted to ask a question of the mem- 
ber from Massachusetts [Mr. Walker] the answer he gave to 
mo excited me somewhat, and I responded in words that were 
not really characteristic of a gentleman. I did not answer him 
as I would have answered him without provocation; and as that 
provocation does notappearin the revised report in the Record, 
it goes abroad through the country that I do not understand what 
a gentleman ought to do in talking with another; but with tht; 
pi-ovocation appearing, I think my remarks would be wholly 
justified. I hold in my hand the report of the Official Reporter, 
which states exactly Avhat the conversation was between us. 

Mr. WALKER, 'if the gentleman will allow me, suppose that 
he reads from the Record as published. I think he will have 
nothing to complain of if ho reads the report as it appears in the 
Record. 
Mr. BUTLER. I will. 

Mr. WALKER. If the gentleman will examine the Record 
he will st^e that I have acceded to his request and done exactly 
what he asked me to with reference to omitting the colloquy 
from the Record; and I think it will ba satisfactory to him if he 
will examine that. 

Mr. BUTLEK. Mr. Speaker, I made no request of the mem- 
ber from Massachusetts, and do not understand his suggestion; 
I have admitted that my remarks were not gentlemanly. I am 
sorry that I was induced to mako them; but I made them under 
a iirovocation that will justify every word I said; but the gentle- 
man from Massachusetts has taken the official report as made by 
the reporters, has revised it, and has cut out every part of his 
insulting remark to me, and has left my less insulting remarks 
as being made without provocation. 

Now, I insist that the remarks of the member from Massachu- 
setts to myself, which were the provocation for my remarks to 
him, shall appear in the Record, or else that my remarks be 
stricken out as well as his own. It is no more than fair. I do 
not insist that the member from Massachusetts shall be compelled 
to have printed in the Record his remarks which were so ungen- 
tle manly. I am willing that he shall appear to be "the gentle- 
man from Massachusetts" as well as the member from that State; 
but I do insist that no man has the right to change the records 
of this House in such a way as to make my remarks appear un- 
gentlemanly instead of his own, when the contrary is the truth 
m the case. The conversation as it appears by the notes of the 
Official Reporter, is as follows: 
Mr. Butler. May I ask the gentleman a question for lutormation? 
Mr. Walker. Be" brief. ^ , ^ , 

Mr Butler. I wiU be very brief. The gcutleman stated, as I under- 
stood him. that the average taritt rate in England was seventy-odd per ceiit, 
and iu this couuiry forty-odd. Is that the reason why the manufacturer m 
England makes a larger per cent of prollt than the American manuf actiu^er .' 
Mr. WALKER. I object to the gentleman proceeding unless 
he reads from the Record as published. 

Mr. BUTLER. I am reading from the official report, to show 
that the RECORD is not in accordance therewith. 

The SPEAKER. The gentleman states that he is reading 
from the notes of the Official Reporter. 

Mr. BUTLER. Now, to the question I have just read, the 
Record shows the member from Massachusetts as replying: 

Mr Walker. Your question was not sincere; you are not asking that 
question for information— not by any manner of means. 



1892. 



CONGRESSIONAL EEOOED— SENATE. 



2181 



Colo.: a Detition of the Free Silver Club, of Crested Butte, Colo.; 
and a petition of the Silver League Club, of Breckinridge, Colo.; 
praying for the free and unlimited coinage of silver; which were 
x-eferred to the Committee on Finance. 

He also presented a memorial of sundry citizens of Akron, Colo., 
remonstrating against the cession of arid lands to the States and 
Territories; which was referred to the Committee on Irrigation 
and Reclamation of Arid Lands. 

Mr. VEST presented a memorial of Rosooe Post, No. 367, Grand 
Army of the Republic, of Missouri, remonstrating against the 
passage of the free-coinage bill; which was referred to the Com- 
mittee on Finance. . . 

He also presented the petition^of H. G. Kiehl and other citi- 
zens of Columbia, Mo., praying for the passage of an amendment 
to the Constitution of the United States prohibiting any legisla- 
tion by the States respecting an establishment of religion or 
making an appropriation of money for any sectarian purpose; 
which was referred to the Committee on the .Judiciary. 

He also presented the following petitions of Mount Carmel and 
Oral Granges, Patrons of Husbandry, of Missouri: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk culture— referred to the Committee on Ag- 
riculture and Forestry. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products— to the Committee on the .Judiciary. 

Petitions praying for the passage of House bill 395, defining 
lard and imposfng a tax thereon — ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts—referred to the Committee on Post-Offices and Post-Roads. 

Petitions praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts— to the 
Committee on Finance. 

Mr. COCKRELL presented a petition of sundry citizens of 
Cooper County, Mo., praying for the passage of what are known 
as the Washburn-Hatch antioption bills; which was referred to 
the Committee on the Judiciary. 

He also presented a memorial of the Kansas City (Mo.) Board 
of Trade, remonstrating against the passage of what are known 
as the Washburn-Hatch antioption bills; which was referred to 
the Committee on the Judiciary. 

He also presented a memorial of Roscoe Post, No. 367, Grand 
Army of the Republic, of Missouri, remonstrating against the 
passage of the free-coinage bill; which was referred to the Com- 
mittee on Finance. 

He also presented the following petitions of Washington Grange, 
Patrons of Husbandry, of Missouri, signed byA. W. Gross, mas- 
ter, and John N. Shouse, secretary: 

Petition praying for the enactment of legislation to ijrevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petition praying for passage of House bill 395, defining lard 
and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petition praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts — referred 
to the Committee on Finance. 

Mr. ALLEN presented a petition of Wide West Grange, No. 
75, Patrons of Husbandry, of Washington, signed by Albert 
Cavitt, master, praying for the passage of the Conger lard bill: 
which was ordered t« lie on the table. 

He also presented a petition of Wide West Grange, No. 75, 
Patrons of Husbandry, of Washington, signed by Albert Cavitt, 
master, praying for the passage of what is known as tha Butter- 
worth antioption bill: which was referred to the Committee on 
the Judiciary. 

He also presented a petition of Wide West Grange, Patrons of 
Husbandry, of Washington, praying for the passage of a bill to 
prevent the adulteration of food and drugs; which was ordered 
to lie on the table. 

Mr. GALLINGER presented the following petitions of Honor 
Bright, Bow Lake, Pomona, and Barnstead Granges, Patrons of 
Husbandry, of New Hampshire: 

■ Petitions praying for the enactment of legislation for the en- 
couragement of silk culture — referred to the Committee on Ag- 
ricultiu-e and Forestry. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products — to the Committee on the Judiciary. 

Petitions praying for the passage of House bill 395, delining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petitions praying for the passage of a bill to prevent the 
adulteration of food and drugs — ordered to lie on the table. 

Petitions praying for the free delivei-y of mails in rural dis- 
tricts — referred to the Committee on Post-Ofiices and Post- 
Roads. 

Petitions praying for the passage of a bill making certain is- 



sues of money full legal tender in payment of all debts — to the 
Committee on Finance. 

Mr. DOLPH presented a petition of citizens of Coos County, 
Oregon, praying for the passage of the antioption bill; which 
was referred to the Committee on the Judiciary. 

Mr. HALE presented the petition of Solomon Robitschok and 
other citizens of Westbrook and Portland, Me., praying that an 
appropriation be made to transport provisions given by the peo- 
ple of the United States to the Russian people, and for such leg- 
islation as will inure to the bonelit of the sufferers in Russia; 
which was referred to the Committee on Appropriations. 

He also presented a petition of the Woman's Christian Tem- 
perance Union of Maine, praying that no exposition or exhibi- 
tion for which a])pi'opriations are made by Congress shall be 
opened on Sunday: which was referred to the Committee on the 
Quadro-Centennial (Select). 

He also jii'esented the following jjetitionsof Lamoiuo and Riv- 
erside Granges, Patrons of Husbandry, of Maine: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk culture — referred to the Committee on Ag- 
riculture and Forestry. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products — to the Committee on the .Judiciary. 
Petitions praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts — referred 
to the Committee on finance. 

Mr. BLODGETT presented the following petitions of Mickle- 
ton and Liberty Granges, Patrons of Husbandi-y, of New Jersey: 
Petitions praj'ing for the enactment of legislation for the en- 
couragement of silk culture— referred to the Committee on Ag- 
riculture and Forestry. 

Petition praying for the enactment of legislation to prevent 
gambling in faVm products— to the Committee on the Judiciary. 
Petitions praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petitions praying for the passage of a bill to prevent the adul- 
teration of food and drugs— ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts—referred to the Committee on I'ost-Oflices and Post- Roads. 
Petition praying for the passage of a bill making certain is- 
sues of money "full legal tender in payment of all debts — to the 
Committee on Finance. 

Mr. GIBSON of Maryland presented the memorial of Rev. 
.James A. Mitchell and other citizens of the United States, re- 
monstrating against the passage of Senate bill 362, providing for 
the removal of the Southern Uto Indians from their reservation 
in Colorado to Utah Territory: which was referred to the Com- 
mittee on Indian Afi'aii's. 

Mr. TURPIE presented sundry petitions collected by the Wo- 
man's Christian Temperance Union, signed by 60 citizens of In- 
diana, praying that no exposition or exhibition for which ap- 
propriations are made by Congress shall be opened on Sunday; 
which were referi-ed to the Committee on the Quadro-Centennial 
(Select). 

He also presented a petition of citizens of Richmond, Ind., 
praying for the passage of an amendment to the Constitution of 
the'United States prohibiting any legislation by the States re- 
specting an establishment of religion or making an appropria- 
tion of money for any sectarian purpose; which was referred to 
the Committee on the Judiciary. 

He also presented a memorial of citizens of Kentland, Ind., 
r^monsti'ating against the passage of a general bankruptcy law; 
which was referred to the Committee on the Judiciary. 

He also presented a petition of the Milroy Roller Mills and 
Elevator Company, of Milroy, Ind., praying that reciprocity be 
established with Germany and France, so that American wheat 
may be allowed to enter their ports free of duty; which was re- 
ferred to the Committee on Finance. 

Mr. KYLE presented a petition of citizens of Clay County, 
S. Dak., andapetitionof citizens of Spink County, S. Dak., pray- 
ingfor thepassageof the Washburn-Hatch antioption bills: which 
were referred to the Committee on the Judiciary. 

Mr. VILAS pi-esented a petition of the board of directors of 
the Chamber of Commerce of Milwaukee, Wis., praying for the 
passage of legislation to insure the early and economical build- 
ing and operation of the Nicaraguan Canal; which was referred 
i to the Committee on Foreign Relations. 

Mr. PALMER presented the petition of J. C. Anderson and 24 
other citizens of Chicago, 111., praying for the passage of an 
amendment to the Constitution of the United States prohiljiting 
any legislation by the States resiiecting an establishment of re- 
ligion or making an appropriation of money for any sei-tarian 
purpose; which was i-eferred to the( 'ommitteeon the Judiciary. 
He also presented the memorial of William P. Halliday and 44 



2182 



CONGRESSIONAL RECORD— SENATE. 



Maech 18, 



other citizens of Illinois interested in the navigation of rivers, 
remonstrating- ajjainst the passag-e of Senate bill 1755, relative 
to the carrying into effect of certain recommendations of the 
International Maritime Conference; v.-hich was referred to the 
Committee on Commerce. 

Ho also presented the memorial of James T. Hobbit and 42 
other citizens of Logan County, 111., remonstrating against the 
passage of a general banbruptcy law; which was referred to the 
Committee on the Judiciary. 

Ho also presented the j^etition of Albert Brown and 22 other 
citizens of Lynn, 111.; the petition of Aai-on Garrison and 21 other 
citizens of Griggsville, 111., and the petition of J. R. Bell and 55 
other citizens of Jersey County, 111., praying' for the passage of 
legislation regulating speculation in fictitious farm products; 
which were referred to the Committee on the Judiciary. 

He also presented the following petitions of Waltham, Penn- 
sylvania, UniLin, Dayton, Pleasant Grove, Eureka, Turkey Hill, 
Rosefieki, Oakwood, and Woodstock Granges, Patrons of Hus- 
bandry, of Illinois: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk culture — referred to the Committee on Ag- 
riculture and Foi'estry. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products — to the Committee on the Judiciary. 

Petitions praying for the passage of House bill 395, defining 
lai'd and imjiosing a tax thereon — ordered to lie on the table. 

Petitions praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts — referred to the Committeeon Post-OBicesand Post-Roads. 

Petitions praying for the passage of a bill making certain issues 
of money full legal tender in payment of all debts — to the Com- 
mittee on Finance. 

Mr. HOAR presented the following petitions of Dover, West 
Brookfield, and East Sandwich Granges, Patrons of Husbandry, 
of Massachusetts: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk culture — referred to the Committee on Ag- 
riculture and Forestry. 

Petitions praying for the enactment of legislation to j)revent 
gambling in farm products— to the Committee on the Judiciary. 

Petitions praying for the passage of House bill 31)5, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petitions ]iraying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Offices and Postr Roads. 

Mr. STOCKBRIDGE presented a petition of citizens of Grand 
Haven, Mich., praying for the adoption of an amendment to the 
Constitution of the United States prohibiting any legislation by 
the StatH3s respecting an establishment of religion or making aii 
appi'opriation of money for any sectarian purpose; which was 
referred to the Committee on the Judiciary. 

He also prc'scnted a petition of citizens of Kent County, Mich., 
praying for the passage of legislation to prohibit gambling in 
farm products; which was referred to the Committee on the 
Judiciary. 

He also presented the following petitions of Quincj' Grange, 
Patrons of Husbandry, of Michigan: 

Petition praying for the enactment of legislation to prevent 
gambling in farm products^referred to the Committee on the 
Judiciai'y. 

Petition praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Olfices and Post-Roads. 

Mr. PROCTOR jiresented sundry petitions collected by the 
National Woman's Christian Temperance Union, signed by'2,000 
citizens of Vermont, praying that no exposition or exhibition 
for which appropriations are made by Congress shall be opened 
on Sunday; which were referred to the Committee on the Quadro- 
Centennial (Select). 

Ho also presented a petition of citizens of Saxtons River. Vt 
praying for the passage of an amendment to the Consti^itionof 
the United States prohibiting any legislation by iS^tHm^sTe^ 
spectinganestablishmentof religion or making an appropriation 
of money for any sectarian purpose; which was referred to the 
Committee on the Judiciary. 

Mr. PERKINS presented the memorial of R. L. Graham and 
50 other members of the Maxson Presbyterian Church and Sun- 
day school, of Kansas, remonstrating against the opening of the 
World's Columbian Exposition on Sunday; which was referred 
to the Committee on the Quadro-Ccntenn'ial (Select). 

He also presented the petition of J. S. Hanway and 14 other 



citizens of Pottowatomie Coimty, Kans., praying for the passage 
of the Washburn-Hatch antioption bOls; which was referred to 
the Committee on the Judiciary. 

Mr. HARRIS presented the petition of Ferdinand Huskell, of 
Tennessee, praying that there bo not less than 200,000,OOOof young 
shad per annum judiciously distributed in the rivers of the United 
States: which was referred to the Committee on Fisheries. 

Mr. BLACKBURN presented the following petitions of Dexter 
Grange, Patrons of Husbandry, of Kentucky: 

Petition praying for the enactment of legislation to prevent 
gambling in farm products— referred to the Committee on the 
Judiciary. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petition praying for the passage of a bill making certain issues 
of money full legal tender in payment of all debts— referred to 
the Committee on Finance. 

Mr. MANDERSON presented a memorial of Milligan Post, 
No. 209, Grand Army of the Republic, of Nebraska, remonstrat- 
ing against the free coinage of silver; which was referred to the 
Committe on Finance. 

He also presented a petition of 275 citizens of Franklin County, 
Nebr., praying for the passage of the Washburn-Hatclj anti- 
option bills; which were referred to the Committee on the Judi- 
ciary. 

Mr. GALLINGER presented the following petitions of Marl- 
boro and Pemigevvasset Granges, Patrons of Husbandry, of New 
Hampshire: 

Petitions praying for the enactment of legislation for the en- 
couragementof silk culture— referred to the Committee on Agri- 
culture and Forestry. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products — to the Committee on the Judiciary. 

Petitions praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petitions jiraying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Offices and Post-Roads. 

Petitions praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts — to the 
Committee on Finance. 

REPOKT.S OF COMMITTEES. 

Mr. COCKRELL, from the Committee on Military Affairs, to 
whom was referred the bill (S. 2087) for the relief of Charles 
Fletcher, alias .Tames H. Mitchell, reported it with an amend- 
ment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 2018) for the relief of Capt. I. B. Webster, of Louisville, 
Ky., submitted an adverse report thereon; which was agreed to, 
and the bill was i)ostponed indefinitely. 

Mr. ALLEN, from the Committee on Claims, to whom was re- 
ferred the bill (S. 448) for the relief of Margaret Kennedy, re- 
ported it with an amendment, and submitted a report thereon. 

Mr. HANSBROUGH, from the Committee on the District of 
Columbia, to whom was referred the bill (S. 1975) for the protec- 
tion of livery-stable keepers and other persons keeping horses 
at livery within the District of Columbia, reported it without 
amendment, and submitted a report thereon. 

Mr. CASEY, from the Committee on Agriculture and Forestry, 
to whom was referred the bill (S. 797) to provide for fixing a uni- 
form standard of classification and grading of wheat, corn, oats, 
barley,, and rye, and for other i)urposes, reported it with an 
amendment. 

Mr. PERKINS, from the Committee on the District of Colum- 
bia, to whom was referred the bill (S. 2136) to amend an act en- 
titled 'An act to incorporate the National Union Insurance Com- 
pany, of Washington," approved February 14, 1865, reported it 
without amendment. 

He also, from the same committee, to whom was referred the 
bill (H. R. 5978) to extend the time for making assessments on 
real estate, etc., reported it with an amendment, and submitted a 
report thereon. 

He also, from the same committee, to whom was referred the 

ill (S. 2176) to extend the time for making an assessment of real 

^tate in the District of Columbia, outside the cities of Washing 

ton and Georgetown, reported adversely thereon, and the bill 

was postponed indefinitely. 

Mr. MANDERSON, from the Committee on Military Affairs, 
to whom was referred the bill (S. 1348) for the issue of ordnance 
stores and supplies to the State of Nebraska to replace similar 
stores destroyed by fire, i-eportcd it without amendment, and sub- 
mitted a rei^ort thereon. 

Mr. MANDERSON. I am directed by the Committee on Mili- 
tary Att'airs to report back adversely the bill (S. 307) for the re- 



1892. 



CONGKESSIONAL RECOED— SENATE. 



2185 



Ml-. DOLPH. Now, I hope the Senator from Massachusetts 
will withdraw his objection. 

Mr. DAWES. I renew it. 

The PRESIDENT pro tempore. The Chair asks the Senate to 
be in order. It is difficult for the Chair to imderstand what gen- 
tlemen say when several speak at once. Does the Senator from 
Ohio withdraw his motion ? 

Mr. SHERMAN. For the present, until 2 o'clock; giving no- 
tice that at 2 o'clock I shall move that the Senate proceed to the 
consideration of executive business. 

The PRESIDENT pro tempore. The Senator from Massachu- 
setts is recognized. . . 

Mr. DAWES. I object to all these special orders unless it is 
understood that they arc subject to the appropriation bills. 

Mr. SHERMAN. The rules make them so. 

Mr. DAWES. I want to know whether they are. 

Mr. HARRIS. Appropriation hills always have the right of 
way. 

Mr. VEST. They always have the right of way. 

The PRESIDENT pro tempore. The Chair suggests to the Sen- 
ator from Massachusetts that appropriation bills have the right 
of way, notwithstanding any order of the Senate, even by unani- 
mous consent, for a special order. 

Mr. DAWES. That is what I have been endeavoring to ascer- 
tain for some time. I am obliged to the Chair. 

Mr. PADDOCK. Now I want to suggest that before any more 
special orders are fixed a special order be agreed upon that the 
Calendar shall bo taken up. If it is necessary to make it such, 
after the special orders already fixed shall have had considera- 
tion, I ask that the Calendar be taken up as the regular order. 

Mr. DOLPH. That is in order now. 

Mr. President, I hope the Senate will indulge me to make a 
single suggestion. Here are two or three hills following to- 
gether that ought to come in together, and I hope the Senate will 
allow them to be put down for consideration together, so that 
they can then take their chances. My colleague's bill was put 
down to follow. 

The PRESIDENT pro te^npore. It has not yet been entertained 
by the Chair. 

Mr. MITCHELL. I ask unanimous consent for that. 

The PRESIDENT pro tempore. The special order desired by 
the Senator from California [Mr. Felton] was objected toby the 
Senator from Massachusetts [I*Ir. Dawes]. The Chair now rec- 
ognizes the Senator from Oregon [Mr MITCHELL]. 

Mr. MITCHELL. Then I ask that Senate bill 525 be made the 
special order to come in at the proper place. 

The PRESIDENT pro tempore. Under the rules the Senator 
must fix an hour. 

Mr. MITCHELL. At half past 3 o'clock on Tuesday. 

ThePRESIDENTpro tempore. The Senator from Oregon asks 
that the bill, the title of which will be read for information, ho 
set as a special order for Tuesday next at half past 3 o'clock. 

Mr. FELTON. I withdraw my request. I did not know it 
would give rise to objection. 

The PRESIDENT pro tempore. The bill indicated by the Sen- 
ator from Oregon will be read by title. 

The Chief Clerk. A bill (S. 525) making an appropriation for 
the construction of a boat railway at The Dalles and Celilo Falls 
and Ten Jlile Rapids of the Columbia River, and for the improve- 
ment of Three Mile Rapids. 

The PRESIDENT pro tempore. Is there objection to the re- 
quest of the Senator from Oregon [Mr. Mitchell]? The Chair 
hears none, and the bill, the title of which has just been read, it^ 
made a special order for Tuesday next at half past 3 o'clock. 
Mr. COCKRELL. I call for the regular order. 
The PRESIDENT pro tempore. The regular order is the call 
of the Calendar. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES. its Chief^Clerk, announced that the House had passed 
the following bills; in which it requested the concurrence of the 
Senate: 

A bill (H. R. 173" ) to increase the pension of Anna Maria Young, 
a Revolutionary pensioner: and 

A bill (H. R. 7092) to authorize building a bridge over Tennes- 
see River. 

LEAVE OF ABSENCE TO EMPLOYES. 

The PRESIDENT pro tempwe. The first bill on the Calendar 
will be stated. 

The bill (S. 1768) to allow thirty days' leave of absence to em- 
ployes in the Bureau of Engraving and Printing was considered 
as in Committee of the Whole. 

The bill was reported from the Committee on Education and 
Labor with amendments. The first amendment was, in section 1 , 
after the word "year," at the end of line 5, to insert "under such 



regulations and; " and in line 7, after the word "may," to insart 
"prescribe and; " so as to make the section read: 

That the emploj-^s of the Bureau of EiiKraving and Printing, inchidlng 
the pieceworkers, shall be allowed leave of absence with pay, not exceeding 
thirty working days in any one year, under such regulations and at such time 
or times as the Chief of the Bureau may prescribe and designate. 

The amendment was agreed to. 

The next amendment was to strike out section 2, in the follow- 
ing words: 

SEC. 2. That this act shall take effect July 1, 1893. 

The amendment was agreed to. 

Mr. HARRIS. Mr. President, I desire to ask the Senator in 
charge of this bill by what rule the pieceworker is to \>^ paid 
for the month of leave of absenco'? When on duty hi is paid so 
much apiece for the work he does, and I think the bill should 
provide some rule by which that class of employes should b-' paid 
while absent on leave, it paid at all. 

Mr. CAREY. I will state to the Senator from Tennessee that 
this bill is framed in the same language as that in reference to 
the employes in the offiC3 of the Public Printer, and the form of 
it is approved by the Chief of the Bureau of Engraving and 
Printing. Estimates of the amount of work done in a ^ivou time 
are made in the Bureau and on that basis the employes are paid 
during the leave of absence. 

I desire to offer an amendment to be added to the bill. 

The PRESIDENTpro?CHipoce. The amendment will be stated. 

The Chief Clerk. It is proposed to add to the bill the fol- 
lowing proviso: 

Provided. That no such full leave of absence of thirty days shall be granted 
to any employe of said Bureau for a period of not less than eleven months 
immediatelV preceding the granting of such leave. 

The amendment was agreed to. 

Mr. MORGAN. I submitted an amendment this morning 
which I intend to propose to this bill, which has gone out into 
the Secretary's office, I believe, which is to include the employes 
of the navy-yards in the right to leave of absence, which is predi- 
cated upon the fact that the employes of the Navy Department 
have the right to this leave of absence and the persons engaged 
in like duties, because they happen to be in the navy-yards, are 
found outside the provisions of the law. I suppose the Senator 
in charge of the bill will have no objection to my amendment. 

The PRESIDENT pro /eJiyjorc. The amendment of the Sen- 
ator from Alabama will be stated. 

The Chief Clerk. It is proposed to add as a new section the 
following : 

Sec. 2. That all draftsmen, assistant draftsmen, clerks, wTiters. and copy- 
ists under the direction of the Navy Department who receive per diem pay 
shall be allowed thirty days' leave of absence each year without forfeiture 
of pay diu-ing such leave, under such regulations as the Secretary of the 
Navy may prescribe. 

Mr. HALE. That does not go beyond the clerical service and 
the services of draftsmen'? 
Mr. MORGAN. No. 
Mr. HALE. I have no objection to that. 

Mr. CHANDLER. I do not rise to oppose the amendment, 
but to state that there is now before the Naval Committee a bill 
which provides for granting thirty days' leave of absence under 
similar conditions to the foremen and '^leading men who work in 
the navy-yards, which bill will undoubtedly be reported by that 
committee with a i-ecoramendation for its passage. I mention 
this fact now in order that it may not be misunderstood that that 
proposition will be made if the amendment which is proposed by 
the Senator from Alabama is adopted. 

I certainly think that the foremen and the leading men of the 
navy-yards are as much entitled to leave of absence as the drafts- 
men and writers in the Departments. 

Mr. MORGAN. We can put this amendment on. The Sena- 
tor, I believe, approves this amendment. 

The PRESIDENT pro tempore. The question is on the amend- 
ment of the Senator from Alabama. 

Mr. HALE. I should not want the remarks of the Senator 
from New Hampshire [Mr. Chandler] to be considered as bind- 
ing everybody here to the proposition that these leaves of ab- 
sence for the clerical force should be extended to the working 
force in the Navy Department and in the navy-yards especially, 
because the right to furlough there and to leave of absence from 
duty might come at a time of the greatest emergency and might 
upset every plan for the useful work going on in a navy-yard. 
That matter, however, will be considered, of course, by the 
Naval Committee when it comes up. I only_ wish to enter a c.iveat 
as to my being committed in the direction indicated by the Sena- 
tor from New Hampshire. 

Mr. CHANDLER. Of course I commit no one except myself, 
but as a reason for not offering the provision in reference to fore- 
men and leading men of the navy-yards upon this bill at tlie time 
when the Senator from Alabama moves the provision in bi-half 
of the draftsmen and clerical force, I take occasion to call atten- 
tion to the pendency in the Senate of this other bill. 



2186 



CONGRESSIONAL RECORD— SENATE. 



Maech 18, 



Mr. HALE. The Senator said it would undoubtedly pas.s. 
Perhaps it may. 

Mr. CHANDLEIl. That was an expression of my opinion 
merely. The Senator from Maine lias filed his caveat. The Senator 
from Maine will understand that that bill does not apply to the 
■whole woi'king force of the navy-yards, but only to the foremen and 
leading men, who I think may properly be accorded the same 
priA'ilego, so far as leaves of absence are concerned, as all the 
workmen of the Government Pi-inting Office, as all the workmen 
are to bo now accorded in the Bureau of Engraving and Print- 
ing, and, as the Senator from Alabama pi-oposes, all the clerical 
force engaged upon per diem pay in the Navy Department are 
to be accorded. I think the three classes of cases will be fo\ind 
to be equally meritorious, but I refrain from moving this last 
clause upon this bill. 

The PRESIDENT pro tempore. The question is on the amend- 
ment proposed by the Senator from Alabama [Mr. MORGAN]. 

The amendment was agreed to. 

Mr. CAPiEY. I desire that the same proviso which was added 
to tiie first section be also added to the second section, which lias 
been adopted by motion of the Senator from Alabama. 

The PRESIDENT 2}ro tempore. The Senator from Wyoming 
moves an amendment, which will be stated. 

The Chief Clerk. It is proposed to add to section 2 of the 
bill the following: 

Provided, That no such full leave ol absence for thirty days shall be granted 
to any employt^ of said Bureau for a period of not less than eleven months 
immediately preceding the g:ranting of such leave. 

Mr. CHANDLER. I think the word "Bureau" should be 
changed to '' Department" in the amendment. 

The SPEAKER pro tempore. The amendment will be so mod- 
ified. 

Tlie Chief Clerk. It is proposed to modify the amendment 
so as to read: 

Provided, That no such full leave of absence of thirty days shall be granted 
to any employe of said Department for a period of not less than eleven 
months immediately preceding the granting of such leave. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engro.ssed for a third reading, read 
the third time, and passed. 

The PRESIDENT pro tempore. The Chair calls the attention 
of the Senator from Wj'oming to the fact that under the amend- 
ments to the b'll there should be a correction of the title so as to 
read: "A bill to allow thirty days' leave of absence to employes 
of tlio Bureau of Engraving and Printing and in the Navy De- 
partment." The title will be so amended if there be no objec- 
tion. The Chair hears none. 

CAMERON HILL, CHATTANOOGA. 

Mr. ALLEN. On yesterday Order of Business 218, being Sen- 
ate bill G3J , was passed over without prejudice. I ask that it may 
now be considered. 

There being no objection, the Senatr . as in Committee of the 
Whole proc eded to consider the bill iS. 634) to authorize and 
direct the Secretary of War to investigate the claim made and 
fuel alleged to have been taken and used by the United States 
Army during the war from the property in Chattanooga known 
as ''Cameron Hill," and to provide for the payment thereof. 

The bill was reported by the Committee on Claims with an 
amendment to add the following proviso: 

Provided. That no greater amount than SIO.OOO shall be allowed or paid to 
such person or persons. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 
The bill was ordered to be engrossed for a third reading, read 
4liird time, and passed. 

KLITARY POST AT FORT WAYNE, MICH. 

The bill (S. 9S5) to provide for the enlargement of the military 
post at Fort Wayne, Mich., was considered as in Committee of 
the Whole. To enable the Secretary of War to enlarge the mil- 
itary post at Port Wayne, Mich., the bill proposes to authorize 
him to accept, free of cost to the United States, such tract of land 
adjoining the post of Port Wayne as, in his judgment, shall be 
well adapted and in all respects suitable for military purposes; 
but. the title is to have been declared valid by the Attorney-Gen- 
eral of the United States. 

The bill was reported to the Senate without amendment, or- 
dered to bo engrossed for a third reading, read the third time, 
and passed. 

JOHN W. TAYLOR. 

The bill (S. 1274) to correct the military record of John W. 
Taylor, was considered as in Committee of the Whole. 
The bill was reported from the Committee on Military Affairs 



with amendments, in line t\ aft;jr the wprd " therefrom," tostriko 
o\it "on the 31st day of Octobsr " and insert "August 31," and 
in lino 10, aftjr the date " J8<)5," to insert ''upon surrender of 
his discharge or upon satisfactory proof of his inability to sur- 
render the same;" so as to make the bill read: 

That the Secretary of War be, and he Is hereby, authorized and directed to 
cause the record of the War Department to be amentlod so as to shov.- that 
John W. Taylor, musician of Company A, First Wisconsin Heavy Artillery, 
entered the military service of the United States outhoUth day of June, 
1861, and was honorably discharged therefrom August 31, IS55, upon surren- 
der of his discharge or upon satisfactory proof of his inability to surrender 
the same. 

Sec. 2, That the SecretaiT of the Treasury be, and he Is hereby, authorized 
and directed to pay to said Johu W. Taylor, of Omaha, Nebr., out of any 
moneys in the Treasury not otherwise appropriated, the pay iind allowances 
of a musician in the volunteer service from the 11th day of Juue, 1861, to the 
29tli day of October, 1663. 

The amendments were agreed to. 

The bill was reported to the Senate as amended, and the amond- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

The preamble was agreed to. 

FORT D. A. RUSSELL RESERVATION. 

The bill (S. 521) granting to the State of Wyoming certain lands 
in the Fort D. A. Russell military reservation for agricultural 
fair and industrial exposition grounds, and for other purposes, 
was considered as in Committee of the Whole. 

The bill was reported from the Committee on Military Affairs 
with an amendment, in line 4, after the word "to," to insert "se- 
lect and;" so as to make the bill read: 

Be it enacted, etc.. That the Secretary of War is hereby authorized and em- 
Ijowered to select and set apart 160 acres of land that may no longer be re- 
quired for military pm'poses, in the Fort D. A. Russell military reservation. 
In the State of Wyoming, for the useot the said State tor agricultural fair and 
and industrial exposition grounds, and for other public purposes. That the 
lauds so set apart are hereby granted to the State of Wyoming: Provided, 
That if the said State shall at any time permit the said lands hereby granted 
to be used for any purpose not contemplated by this act the said lands shall 
revert to the United States. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The bill was ordered to ba engrossed for a third reading, read 
the third time, and passed. 

FORT WALLA WALLA MILITARY RESERVATION. 

The bill (S. 214) making appropriation for the improvement of 
the military reservation known as Fort Walla Walla, in the State 
of Washington, was considered as in Committee of the Whole. 
It proposes to appropriate $20,000 for the improvement of the 
United States military reservation known as Fort Walla Walla, 
consisting of about 640 acres of land adjoining the citj- of Walla 
Walla, in the State of Washington, in fencing the same, in plant- 
ing ti-ees, making roads and driveways thereon, in providing 
the officers' quarters and the barracks with drainage, and mak- 
ing other needful improvements on the reservation. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

RESURVEY OF A KANSAS TOWNSHIP. 

The bill (S. 15.34) to rosurvey township 18, range 9 west, sixth 
principal meridian of Kansas, was announced as the next in order 
on the Calendar. 

The PRESIDENT j)ro tempore. This bill is adversely reported. 
Shall it be considered? 

Mr. COCKRELL. Let that bill be passed over and go to the 
qther Calendar. 

The PRESIDENT pro tempore. It will be passed over under 
Rule IX. 

Mr. PERKINS subsequently said: I should like to ask what 
action was taken relative to Senate bill 1534, to resvirvey town- 
ship 18, range 9 west, sLxth principal meridian of Kansas. I was 
called out when that bill was reached on the Calendar. 

The PRESIDENT pro tempore. It went over under Rule IX, 
being reported adversely. 

Mr. PERKINS. My request was that it be retained upon the 
Calendar; and I desire to have it retain its place. 

The PRESIDENT pro tempore. It is now on the Calendar 
under Rule IX. 

GRADE OF ARMY MEDICAL OFFICERS. 

The bill (S. 1039) to define the grade of certain medical officers 
of the Army, and for other purposes, was considered as in Com- 
mittee of the Whole. It provides that hereafter the grade of 
certain medical officers of the Army below that of Sm-geon-Gen- 
eral shall be as follows: Those holding the rank of colonel, as- 
sistant surgeon-generals; those holding the rank of lieutenant- 
colonel, deputy surgeon-generals. Before receiving the rank of 
captain of cavalry, assistant surgeons shall be examined, under 



1892. 



CONGRESSIONAL RECORD— SENATE. 



2189 



Young, a Revolutionary pensioner ,^vas read twice by its title, and 
referred to the Committee on Pensions. 

The bill (H. R. 7092) to authorize building a bridge over Ten- 
nessee River was read twice by its title, and referi'ed to the Com- 
mittee on Commerce. 

HEIR OF JAMES S. HAM. 

The bill (S. 1538) for the relief of the heir of James S. Ham was 
considered as in Committee of the "Whole. It is a direction to 
the Seci'etary of the Treasury to redeem in favor of Abby A. 
Ham. sole he'ir of James S. Ham, late of Providence, R. I., cer- 
tain bonds of the United States, of the second series, issued under 
an act of Congress approved February 25, 1862, amounting to 
$4,0(X). with interest from November 1, 1864, to March 20, 1872, 
which were stolen February 11, 1865, and afterward destroyed 
by the thief or thieves. But before the redemption of the bonds 
the heir of James S. Ham shall execute, or cause to bo executed, 
and deposit with the Secretary of the Treasury a bond of in- 
demnity, with good and sufficient sureties, subject to the approval 
of the Secretary, to secure the United States against loss or dam- 
age. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

HEIRS OF JOHN W. VOSE. 

The bill (S. 1.539) for the relief of the heirs of John W. Vose 
was considei'ed as in Committee of the Whole. It is a direction 
to the Secretary of the Treasury to redeem in favor of Abby S. 
Vose, Ella V. Denham, Caroline M. Vose, Laura W. Stewart, 
Clarence Vose, Annie M. Vose, Annie Spear Kingsbury, and FUa 
Robbins Vose, sole heirs of .John M. Vose, late of Providence, R. 
I., bonds of the United States, of the second series, issued under 
an act of Congress approved February 25, 1862, amounting to 
$11,000, with interest from November 1, 1864, to March 20, 1S72, 
the heirs claiming that the esta,te of John W. Vose owned the 
bonds onFebruary 11,1865, when they were stolen from the estate 
and were afterward destroyed by the thief or thieves. But be- 
fore the redemption of the bonds the heirs shall execute, or cause 
to be executed, and deposit with the Secretary of the Treasiu-y, 
a bond of indemnity, with good and sufficient sureties, subject to 
the approval of the Secretary, to secure the United States against 
loss or damage. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the thiid time, 
and passed. 

P.\UL M'CORMICK. 

The bill (S. 567) for the relief of Paul McCormick was consid- 
ered a,s in Committee of the Whole. 

The bill was reported from the Committee on Claims with an 
amendment, in line 12, before the word ''dollars,'' to strike out 
•■ one thousand six hundred '' and insert '■ tliree hundred: " so as 
to make the bill read: 

Jif tt enacted, etc.. That the proper accounting officers of the Treasury De- 
liartment be. .lud they are hereby, dii-ecied lo audit and allow Paul McCor- 
mick, of Montana, out of any money in the Treasury not otherwise appro- 
priated, such sum as to them shall seem just and reasonable, for the loss sus- 
tained by said McCormick by reason of the change made by theoftlcersof the 
United States as to the place of delivering the wui.il aftiT the contract of Ati- 
Kust 3, 1870, was made and entered into by said McCormick, not to exceed the 
stim of J300, the same to be in full satisfaction of all claims or demands on 
account of loss. 

The amendment was agreed to. 

The bill was reported to the Senate as amended , and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a thii'd reading, read 
the third time, and passed. 

MRS. E. TRASK. 

The bill (S. 479) for the relief of Mrs. E. Trask was considered 
as in Committee of the Whole. It provides for the payment to 
Mrs. E. Trask, late postmaster at Emporia, Kans., of $243, to re- 
imburse her for losses resulting from the theft of five registered 
letters by burglars, who entered the post-office at Emporia, Kans,, 
on the night of October 5, 1871. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

FRANK ROTHER. 

The bill (S. 390) authorizing- and directing the Secretary of tlic 
Treasury to pay to Frank Rother $225 due him for Sc;rvicL>s as 
route agent, was considered as in Committee of the Whole. 

Mr. COCKRELL. Let the report in that case be read. 

The PRESIDENT pro tempore. The report will be read. 

The Secretary read the following report submitted by Mr. 
Sawyer February 8, 1892: 

The Committee on Post-0£Bces and Post-Roads, to whom was referred the 
bil! (S. 390) authorizing and directing the Secretary of the Treasury to pay 



to Frank Rother J£i5, due him for services as route agent, have examined 
the same and report; 

The committee is entirely satisfied that Frank Rother was .in employ^ of 
the Government in its Post-Offlce Department between Jime 30. J87li, and 
September iO, 1876; that compensation for services to be rendered by him had 
been flxed at $900 per annum; that he received no pa>'inent for the services 
rendered between said June 20, 187(5, :uid September 'tiO, 1876, and that he is 
entitled to payment of his salary tor that period. Hereto are annexed the 
petition of the claimant attd other documents. 

The bin is reported favorably with a recommendation that it do pass. 



I would most respectfully represent that on or about the 6th day of June, 
A. D. 1876. 1 was appointed route agent on the Eureka and Palisade Railroad, 
in Nevada, which appointment I received in person at Washington, 1). C. I 
immediately started from Washington. D. C. to Palisade, Nov., and there 
started tipoh the discharge of my duties, and was ilulj' paidone-h:ilf mouth's 
salary by the postm;ister at Eureka, Nev, Owing to some inisunderstand- 
ing existing between thcGovernment andthe Piureka and l';ilisatlc ]v':iilroad 
Coinpan.v, said company refused the est;ililishment of ser\ice on their line, 
and hence I was detailed to duty on the San Francisco and Tomales Rail- 
ro:id. and subsequently on the Central and ITuion Pacific Railroad. 

September -0, 1 was transferred and desiunated local agent at Ogden. Utah. 
There is still due me three months" sal;u'.\', at ^7r> per month, from the tiov- 
emment, of which amotmt I have never recfi\ed ;iny part or share. I would 
call attention to the fact th:it, although 1 have rt-peatedly tried to secure my 
pay, I have so f.ar failed for the following reasons, to wit: 

The Post-Oflice Department repeatedly slguilied that the appropriation 
was exhausted and retitiired special acts of Congress for my relief, I will 
state that I was not engaged in anyvocation, other than that stated, between 
the 6th day of June. A. D.'"1876, and'tho 30th day of September, A, D, 1876, and 
that there Is .justly due me three months' salary, from the 20th day of June, 
A. D, 1876. to the 20th day of September, the date of my transfer; wherefore 
I pray that Congress take such action as will enable me to get the amount 
so justly due me, to wit. three mouths' salary at S75 per month. 
Very respectfully, yotir obedient servant. 

FRANK ROTHER, 

.STATE OF NEW YORK, Cilij and Counlij of Sew York, ss: 

On the 4th day of December, A. D. I88f. personally appeared before me, the 
imdersigned. a'notary public in and for the county and city of New York, 
Frank Rother, who, upon being duly sworn accordin.g to law, declares that 
he is a claimant for J'J'io for three luonths' ser\'lce rendered the Government 
of the United Slates; and tor the proper prosecution of said claim he hereby 
appoints Mr. Edward Perls, of 69 St. Mark's Place, New York City, hit true 
and lawful attorney in fact, with the power of revocation and substitution, 

"Witness: 

FRANK ROTHER. 

In witness whereof I have herettnto set ray hand and seal the day and date 
first above written. 

[SEAL.] HENRY BISCHOFF. JH.. 

Notary Public. New York Conntij (."»). 

Exhibit A. 
Office of Superintendent Railway Mail .Service, 

Eighth Division. 
San Francisco. Vat., June 19. tH76. 
Sir: I have just heard a rumor that the E. and P. R. R. Co. will not let you 
run over their road until they get their differences with the Department tixed 
up. If so, report yourself here and awaiifurther orders. 
Very respectfully. 

J, C. COOLIDGE. 
a. H. D. B. M. K, ith Dio. 
Frank Rother, Esq. 

Exhibit B. 
Post-Office Depabt.ment. appointment Office. 

Washington, D. C, September 'Jo. i/>70. 
Sir: The Postmaster-General has transferred you from the route between 
Palisade and Eureka, Nev., and designated .you local agent at Ogden, Utah, 
with pay at the rate of $900 per annum, vice H, H. Bellows, removed. 
Very respectfully, etc., 

JAMES H. MARR, 
.icting First Assistant Postmaster-General. 
Frank Rother. Esq., 

Eureka, -Ver. 

Office of the POSTiMASTER-GENEBAl,. 

Washington. D. C, May 1. jf^'jo. 

Sir: Replying to your letter of .\pril 2"3. and returning herewith a bill in- 
troduced in Congress authorizing and directing the .Secretary of the Treasin-y 
to pay to Frank Kother $"235 due him for services as route agent. I would state 
that the records of the Department disclose the following: 

Mr. Rother was appointed a route agent between Palisade and Eureka, 
Nev.. June 6, 1876, compensation to be at the rate of $900 per annum, He^^•as 
transferred to the position of local agent at Ogden, Utah. September '20, 1876. 

The records of the Auditor's Office show that he was paid by the postmaster 
at Eureka, Nev.. $42.03 for services from the Kth day of Jun«, 1876, to the 30th 
day of June, 1876, inclusive. 

There Is no evideme that he drew pay during the third quarter of 1876. 
comprising the months of July. August, and September, the accounts of 
the postmaster at Eureka for that period being marked " delinquent." 

He was paid $'2S.ifor the fourth quarter of 1876. comprising the months of 
October, November, and December; and ^•:i^Zh for the first quarter of 1877. 
The records of the Department indicate that Mr. Rotherdrew no pay during 
the third quarter of 1876. 

Permit me to call your attention to the following discrepancies in the 
bill; 

The route upon which Mr. Rother was employed was from Palisade and 
Eureka, not "Ureka.'' From July 30 to September 20 is but two months, not 
three, as stated in the bill. 
Very respectfully, 

JXO. WANAMAKER. 

Postmaster-General. 

Hon. E.J. DtlNPHY. 

House of Representatives. Washinfjton, I). V. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 



2190 



CONG RES.SIONAL RECORD— SEN ATE. 



Maech 18, 




FOURTH STKEET METHODIST EPISCOPAL, CHURCH. 

Tho bill (S. 17-11) to vest the title of public square 1102, in the 
city of Washington, D. C, in the trustees of the Fourth Street 
Methodist Ei^iscopal Church, and for other purposes, was con- 
sidered as in Committee of the Whole. 

:Mr. HAWLEY. Mr. President, shall I understand that this 
bill yives to this association one of the public squares, a public 
reservation'? 

Mr. FAULKNER. Oh, no. If the Senator will observe the 
language of tho bill, he will see that these parties own now under 
a grant, with certain conditions with reference to using a portion 
of the land for a cemetery. They paid full value and considera- 
tion for it in 1826. 

Mr. HAWLEY. And it is now occupied? 

Mr. FAULKNER. It is now partially occupied by a graveyard. 
Thoy want to get rid of that graveyard under the advice of the 
District Commissioners. That is all the billpi-ovides for. 

The bill was I'eported to the Senate withoat amendment, or- 
dered to be engrossed for a third reading, read the third time , and 
passed. 

ADJOURNMENT TO MONDAY. 

On motion of Mr. FAULKNER, it was 

Ordered, That -wheu tie Senate adjoxiru to-day it be to meet on Monday 

DISTRICT ASSESSMENT BOOKS. 

TliiTtiill (S. 1931) to amend an act entitled "An act making ap- 
pro]H'iations to provide for the expenses of the District of Co- 
lumbia for the fiscal year ending June 30, 1882, and for other 
purposes," approved March 3, 1881, was announced as next in 
order on the Calendar. 

Mr. HIGGINS. I am instructed by the Committee on the Dis- 
trict of Columbia to report favorably a bill passed by the House 
of Representatives in the same terms with that bill, and to ask for 
its substitution for the pending bill, and that the pending bill be 
indefmitelv i^iostponed. 

The PRESIDENT pro Umpore. The title of the bill reported 
by the Senator from Delaware will be stated. 

'The Chief Clekk. A bill (H. R. 5118) to amend an act en- 
titled "An act making appropriations to provide for the expenses 
of the government of the District of Columbia for the fiscal year 
ending June 30, 1882, and for other purposes:" approved March 
3, 1881. 

The PRESIDENT pro tempore. If there be no objection the 
bill reported favorably, being a House bill of simUar import to 
the bill under consideration, will be substituted as the pending- 
order. 

Mr. COCKRELL. Let it be taken up as an independent meas- 
ure and not substituted for the pending bill, which would require 
it to go back to tho House. 

The PRESIDENT i>ro tempore. The Chair stated as a substi- 
tute for the present order of business, not for the bill itself. 

J\Ir. COCKRELL. All right. 

The PRESIDENT ^ji-o tojyjore. Is there objection t-o the re- 
quest of the Senator from Delaware that the House bill be now 
considered? 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It provides that the para- 
graph relating to the duties of the assessor, commencing with 
the fourth line from the bottom of page 460 and ending with and 
including theeiglith line from the top of page 461, of volume 21, 
United States Statutes at Large, shall be amended so as to read 
as follows: 

The books ol assessment lor the fiscal year ending June 30, 1893. and annu- 
ally thereafter, shall be prepared by the assessor of the District of Columbia 
before the 1st day of November of each year, and upon the completion 
thereof, said assessor shall prepare a statement showing the tot;U amoimt 
of the assessment of both real and personal property, and the total amount 
of taxes to be collected itnder said assessment; which statement shall be re- 
ceipted by the collector of taxes in triplicate, and said collector shall be held 
responsible under his bond for all such taxes, except such as he may not be able 
to collect after fully complyiuj; with the requirements of law. The original 
receipt of said assessment and taxes shall be forwarded by the assessor to 
the First Comptroller of the Treasiury, the duplicate to the auditor of the 
District of Columbia, and the triplicate shall be retained by the collector. 
Hereafter all tax bills shall be made up under the dii-ection of the assessor of 
the District of Columbia. All acts or parts of acts inconsistent with any of 
the provisions of this act are hereby repealed. 

Mr. CALL. Mr. President, I hope the Senator having the bill 
in charge will allow it to be passed over until to-morrow. 

Mr. COCKRELL. This bill is in the precise language of the 
Senate bill. 

Mr. CALL. I understand that, but there are some provisions 
that ought to be inserted in these tax bills of the District of 
Columbia for tho relief of the tax-payers, and I think it would be 
very well for that matter to bi considered on this bill. 

Mr. HIGGINS. Do I understand the Senator from Florida 
proposes by amendment to add a rider to this bill to accomplish 
some other method of legislation? 



Mr. CALL. That is the object I have in view. 

Mr. HIGGINS. I am sori^ the Senator has chosen this bill 
for that purjjose. 

Mr. CALL. This is not a private bill. 

Mr. HIGGINS. This bill is recommended by the Commission- 
ers of the District and has passed the other House. It is simply 
to substitute for the present duty of the collector of taxes furnish- 
ing a duplicate tax list, that hereafter he shall accept the state- 
ment in triplicate bj' the assessor. The statement of the Com- 
missioners is that the present provision of law requiring tho du- 
plicates to be written out is not complied with, because, if it 
were complied with, it would make a larger draft ujjon the cleri- 
cal force than they could fill, and would cost a great deal more 
money, and in practice it is not carried out. It is really by their 
advice that this measure is introduced to conform the law to what 
is exactly their practice. 

Mr. CALL. I see no objection to these provisions. It was my 
desire to have placed upon some bill for the collection of taxes, 
or in relation to the collection of taxes in this District, a provision 
that would afford relief to delinquent taxpayers by extending 
tho time in which their payments can be made; but I will with- 
draw objection to the consideration of the bill. 

The PRICSIDENT pro tempore. Objection being withdrawn. 
the bill is before the Senate as in Committee of the Whole, and 
open to amendment. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

The PRESIDENT pro tempore. Senate bill 1931 of the sam.- 
character will be indefinitely postponed in the absence of objec- 
tion. The Chair hears no objection, and it is so ordered. 

PROPOSED CONSIDERATION OF THE CALENDAR. 

Mr. SHERMAN. Mr. President, I submit now a motion that 
the Senate proceed to the consideration of executive business. 

INIr. PADDOCK. I ask the Senator to yield to me a moment. 

The PRESIDENT pro tempore. Does the Senator from Ohio 
yield? 

Mr. SHERMAN. I will yield to any morning business. 

Mr. PADDOCK. I want to ask unanimous consent that the 
Calendar may be made the special order for Wednesday next, at 
2o'clock^and be a continuing order thereafter for unobjected 
cases, for cases under Rule VIII, until the Calendar shall have been 
gone through with, and every bill thereupon considered under 
the five-minute rule. 

The PRESIDENT pro tempore. The Chair does not see how 
the entire Calendar could bs made a special order. The Senator 
from Nebraska asks unanimous consent, as the Chair under- 
stands, that at 2 o'clock on Wednesday next the Senate shall pro- 
ceed to the consideration of the Calendar under Rule VIII in its 
order; in other words, that the morning houi- shall continue dur- 
ing the day. 

Mr. PADDOCK.* That is the idea. 

Mr. PLATT. I do not think we ought to give consent to so 
sweeping a request as the Senator has made, and I wish he 
would not make that request until we have had a little time for 
consultation as to what day it would be advisable to go to the 
Calendar and as to what time we may spend upon it. There is a 
thin Senate present, and I do not think the Senator ought to 
press his request now. I do not think there will be objection to 
fixing a day when we shall consider the Calendar, but we ought 
to consider the other business and how it stands. I hope the 
Senator will not press the request at this time. 

Mr. HALE. There probably will ba no time better than next 
week that we can give t^vo or three days to the Calendar. Not 
much has been done upon it heretofore; even the morning hour 
has been interrupted, and I think, after the Senator withdraw- 
ing the suggestion for the present, that we can agree to give two 
or three days next week to the Calendar. 

Mr. PADDOCK. I make this suggestion not because I have 
any special interest in the Calendar, but because it is a fair 
l>roposition. The Calendar is voluminous. 

Mr. HALE. And growing more so. 

i^Ir. PADDOCK. And in the interest of fairness and justice 
to all classes of legislation which are represented upon the Cal- 
endar to-day, I think there ought to be an early order of this 
kind. My principal object in suggesting it now is to call the at- 
tention of the Senate to it and prepare its mind for it if possible. 

Mr. PLATT. We will all agi-ee as to that. 

Mr. HALE. We can do it next week. 

EXECUTIVE SESSION. 

Mr. SHERMAN. I now renew my motion for an executive 
session. 

The PRESIDENT pro tempore. The question is on the motion 
of the Senator from Ohio that the Senate proceed to the consid- 
eration of executive business. 

The motion was agreed to; and the Senate proceeded to the 



1892. 



CONGRESSIONAL RECOED— SENATE. 



2241 



Skction 1. Be it resolved by (he General Assembly of Maryland. That the 
Unit eel States Senators from the State of Maryland ami the Representatives 
in Congress be, and they are hereby, requested to prepare and .support a bill 
for the purchase ot Teii'iplp Farm and Moore House, at Yorktowu,Va., by the 
Government of the United States of America: Provided. The cost of said farm 
and all improvements shall not exceed .a reasonable price, and that the St ate 
of ^^irgtnla shall exempt the same from taxation. 

Sec. 3. Be it resolved. That engrossed copies ot this preamble and joint res- 
olution be sent to the United States Senators and Representatives In Con- 
gress from the State of Maryland. 
Given imder our hands this 29th day of February, 1893. 

EDWARD LLOYD, 

President of Senate. 
MURRAY VANDIVEE, 
S/ieaker of the House of Belerjates. 

Mr. GIBSON of Maryland pi-esented a petition of the General 
Assembly of the Stateof Maryland, asking- the Senators and Rep- 
resentatives from that State to use their influence to secure the 
passage of legislation for the transfer ot the Revenue Marine 
Service from the Treasury Department to the Navy Department; 
which was referred to the Committee on Naval Affairs, and 
ordered to be printed in the Record, as follows: 
Joint resolutions requesting and directing the Senators and Representa- 
tives ot the State of Maryland in the Congress of the United States to use 
their best efforts to sectire the passage of a bill, having for its object the 
tr.ansfer of the Revenue Marine Service from the Treasury Department to 
the Navy Department of the United States; 

Whereas there has been introduced into the Senate of the United States 
abill to transfer the United States Revenue Cutter Service to the Navy; and 
whereas the said bill is in the interest of economy and for the improvement 
of the condition ot both United Stales Nas'j' and Revenue Cutter Service; 
and 

Whereas the said bill has been indorsed by the Legislature of Virginia and 
Massachusetts and the seaboard States and chambers of commerce of nearly 
all the prominent seaports, as well as inland cities of the United States; and 
Whereas the said bill passed by a large majority in the House of Repre- 
sentatives lu the Fifty-first Congress and only failed of passage in Senate 
throtigh lack of time : Therefore 

Be i{ resolved by the treneral Assembly of Maryland. That the Senators and 
Representatives of this Stale in the Congress of the United States, be, and 
they are hereby, requested and directed to use all proper means In their 
power to secure the passage by said .Senate and House ot Representatives 
of the bill having for its object the transferor the Revenue Marine Serv- 
ice from the Treasm'y Department of the United States to the Navy Depart- 
ment. 

Ilesolved. That a copy of the.se resolutions be immediately transmitted by 
his excellency, the governor, to each of our Senators In the Congress of the 
United States. 
Approved February 25, A. D. 1S93. 

MURRAY VANDIVER, 
Speaker of the House of Delegates. 
EDWARD LLOYD, 

President of the Senate. 

State of Maryland, Esecutive Department, 

Annapolis. February M, 389?. 
Sir: I have the honor to transmit herewith a copy of joint r3Solutions, 
No. 7, of the General Assembly of Maryland, this day approved, as requested 
of me by said joint resolutions. 
Yours, very respectfully, 
[SEAL.] FRANK BROWN, Governor. 

To Hon. Charles H. Gibson, 

United States Senator from Maryland. 

Mr. GIBSON ot Mai-ylantl presented the following' petitions of 
Cecil, West River, and Kings Creek Granges, Patrons of Hus- 
bandry, of Maryland: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk cidture — ordered to lie on the table. 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — to the Committee on the Judiciary. 

Petition praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill making certain issues 
of money full legal tender in payment of all debts— referred to 
the Committee on Finance. 

Mr. DOLPH presented the following petitions of Land Ridge, 
Siuslaw. ami Yoncalla Granges. Patrons ot Husbandry of Oregon: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk culture — ordered to lie on the table. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products — to the Committee on the Judiciary. 

Petitions praying for the passage of House bill 39."), definiiig 
lard and imposing a tax thereon — ordered to lie on the table. 

Petitions praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petitions praying for the free deliver}' of mails in rural dis- 
tricts — referred to the Committee on Post-Offices and Post-Roads. 

Mr. SHERI^IAN presented a petition numerously signed by 
citizens of Ohio, praying for the passage of legislation to pre- 
vent the immigration of paupers and criminals, etc., and favoi-- 
iug- a constitutional amendment providing that no State shall 
grant the right of suffrage to any person not a citizen of the 
United States: which was referred to the Committee on Immi- 
gration . 

He also presented a petition of 37 citizens of Green County, 
Ohio, praying for the passage of the pure-food bill: which was 
ordered to lie on the table. 

He also presented a petition of Zanesville (Ohio) Assembly, 



No. 2(iS8, Knights of Labor, praying for the passage of the Hoar 
clothing bill: which was referred to the Committee on Educa- 
tion and Labor. 

He also presented the following petitions of Perkins, North 
Union, Madison, Home, Bucyrus, Butler, North Fairfield, Pen- 
field, Washington, Wellington, and Hartford Granges, Patrons 
of Husbandry of Oliio: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk culture — ordered to lie on the table. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciarj'. 

Petition praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petitions pi'aying for the jiassage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on tlie table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Offices and Post- Roads. 

Petitions praying for the pas.sage of a bill making certain issues 
of money full legal tender in payment of all debts — to the Com- 
mittee on Finance. 

Mr. HALE presented a petition of the Young People's Society 
of Christian Endeavor, of Castine, Me., jiraying for the ])assago 
of legislation to prevent the exportation of alcoholic liquors fi-om 
the United States to Africa; which was referred to the Commit- 
tee on Foi-eign Relations. 

He also presented the following petitions ot Baskahegan and 
Pamola Granges, Patrons of Husbandry, of Maine: 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture — ordered to lie on the table. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petition praying for the passage of House bill 395, defining lard 
and imposing a tax thereon — ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Offices and Post-Roads. 

Petition praying for the passage of a bill making certain issues 
of money full legal tender in payment of all debts — to the Com- 
mittee on Finance. 

Mr. SAWYER presented the following petitions of Maple 
Ridge Grange, Patrons of Husbandry, of Wisconsin: 

Petition praying for the enactment of legislation for the en- 
couragement ot silk culture — ordered to lie on the table. 

Petition praying for the enactment of legislation to ijrevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

REPORTS OF COMMITTEES. 

Mr. WOLCOTT, froni the Committee on the District o f ,Co- 
lumbia, to whom was referred the bill (S. 2456) to authoriz^tne 
extension of Massachusetts avenue and the construction of a 
bridge across Rock Creek on Massachusetts avenue extended, 
reported it favorably with amendments, accompanied by a written 
report, and moved its referauoe to the Committee on Appropria- 
tions; which was agreed to. 

Mr. McMillan, from the Committee on tlie District of Co- 
lumbia, to whom was referred the bill (H. R. 27S6) to amend, the 
act giving the approval and sanction of Congress to the route and 
termini of the Anacostia and Potomac River Railroad in the Dis- 
trict of Columbia, reported it without amendment, and submit- 
ted a report thereon. 

Mr. WILSON, from the Committee on the Judiciary, to whom 
was referred the bill (S. 2101) to provide for and to punish the 
crime of perjury before the United States local land offices, re- 
ported it with amendments. 

Mr. HIGGINS, from the Committee on the District of Colum- 
bia, to wliom was referred the resolution submitted by himself 
March 15, relative to the divisions of the appropriations for the 
District of Columbia during the past five years, asked to be dis- 
charged from its further consideration, and that it be referred to 
the Committee on Appropriations: which was agreed to. 

Mr. ALLEN. I am instructed by the Committee on Public 
Lands to report back adversely the bill (S. 1139) to confirm title 
to certain lands in the State of Washington. This adverse re- 
port is made because it is ascertained that provision for relief 
has been other^j'ise made. I move that the bill be indefinitely 
postponed. 

The motion was agreed to. 

Mr. DOLPH, from the Committee on Public Lands, to whom 
was referred the bill (S. 2599) releasing the right, title, and inter- 
est of the United States to the piece or jjarcel of land known as 
the Cuartel lot to the city of Monterey, Cal., reported it without 
amendment. 

Mr. DOLPH. By direction of the Committee on Public Lands 
I report back favorably, with an amendment in the nature of a 
substitute striking out all after the enacting clause and inserting 



2248 



CONGRESSIONAL EECOED— SENATE. 



Maech 21, 



a new bill, the bill (S. 2140) to authorize the Secretary of the In- 
terior to convey to the State of Kansas certain lands therein for 
homes for old KOldiers and their families. The substitute is tlie 
bill tliat was re])oi'ted from the committee by the chairman of 
the committee at the last session and passed by the Senate, I will 
state to the Senatoi- from Kansas [Mi'. Pefper], who introduced 
this bill. 

The PRESIDENT pri) imqwre. The bill will be placed on the 
Calendar. 

Mr. nOLPH. I also, by direction of the same committee, re- 
port back the bill {S. 2320) granting- to the University of Utah a 
site olT the public domain, and ask that the committee be dis- 
charged from the further consideration of the bill and that, it 
be referred to the Committee on Military Affairs. The bill pro- 
poses the granting of aportion of amilitary reservation in actual 
use for military purposes as a site for the University of Utah. 
The Committee on Military Affairs have claimed jurisdiction of 
that class of bills. 

The report was agreed to. 

" 'r. GIBSON of Maryland, from the Committee on the Dis- 
trict of Columbia, to whom was referred the bill (S. 2575) to pro- 
vide for the sale of certain lots in the Disti'ict of Columbia, I'e- 
ported it without amendment, and submitted a report thereon. 

Mr. PLATT, from the Committee on the Judiciary, to whom 
was referred the bill (S. 2240) to extend the Jurisdiction of courts 
in Oklahoma Territory over certain classes of crimes, and for 
otherjiiu'poses, asked to be discharged from its fui'ther considera- 
tion, and that it be referred to the Committee on Indian Affairs; 
which was agreed to. 

iMr. WILSON, from the Committee on the .ludiciary, to whom 
was referred the bill(H. R. 504) in relation to the western judicial 
district of Wisconsin, reported adversely thereon, and the bill 
was indefinitely postponed. 

Mr. PKIUKINS. from the Committee on the District of Colum- 
bia, to whom was referred the bill (H. R. (i2!l5) to punish false 
swearing before trial boards of the MetroiKilitan police foi-ce and 
lire department of the District of Columbia, and for other pur- 
poses, reported it without amendment, and submitted a rej^ort 
thereon. 

also from the sauie committee, to whom was I'eferred the 
biTr(S. 2.'i(iS) to punish false swearing before trial boards of the 
Metropolitan police force and fire department of the District of 
Columbia, and for other purposes, reported adversely thereon, 
and the bill was postponed indefinitely. 

Mr. PETTIGREW. from the Committee on Public Lands, to 
whom was referred the bill (S. 1272) granting to the State of 
South Dakota the lands embraced within the meander lines of 
the dry lake beds within said State, reported adversely thereon, 
and the bill was indefinitely postponed. 

Ml'. SANDERS, from the Committee on Public Lands, to whom 
was referred the bill (S. S7S) creating two additional land dis- 
tricts in the State of Montana, reported it with an amendment, 
and submitted a report thereon. 

Mr. CAREY, from the Committee on Public Lands, to whom 
was referred the bill (H. R. 1080) for the relief of the inhabitants 
of the town of Perron, county of Emery, Territory of Utah, I'e- 
ported it without amendment, and submitted a report thereon. 

Mr. MORGAN, from the Committee on the Public Lands, to 
whom was referred the bill (S. 1591)) to further provide for the 
disposal of certain public lands in the State of Alabama, reported 
it with amendments. 

COURTS IN WISCONSIN. 

Mr. WILSON. 1 am directed by the (.'ommittee on tlie Judi- 
ciary, to whom was referred the bill (H. R. 497) to determine the 
sessions of the circuit ar.d disti'ict coui'ts of the United States for 
the eastern district of Wisconsin, to report it favoi'ably, without 
amendment. 

Mr. SAWYER. I ask unanimous consent that that bill may 
be considered now. It merely fixes the terms of the courts in the 
eastern district of Wisconsin, and it is necessary that it .should 
be passed pretty soon. 

By unanimous consent, the Senate, as in Committee of the 
Wliole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

CLERK OP COURTS OP TEXARKANA DI^■ISIOX. 

Mr. GEORGE. I am directed by the ( 'ommittee on the Judi- 
ciary, to whom was referred the bill (H. R. 5891 ) to authorize the 
appointment of clerk for the circuit and district courts of the 
United States in the Texarkana division of the eastern district 
of Arkansas, to report it back favorably without amendment. It 
is a local bill for the benefit of the States of Arkansas and Texas, 
in three lines and a half, and I ask for its immediate considera- 
tion. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 



The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had passed 
the following bills, in which it requested the concurrence of the 
Senate: 

A bill (H. R. 2122) for tlie relief of Cumberland Female College 
of McMinnville, Tenn.; 

A bill (II. R. 5354) to authorize the construction of a bridge 
across the Osage River, lietwoen tlie town of Warsaw and the 
mouth of Turkey Creek, in Benton County, Mo.: 

A bill (H. R.-5499) to amend an act entitled "An act approving 
with amendments the funding act of Arizona,'" approved June 
25, 1890: and 

A bill (H. R. 6214) to increase the pension to William Bui-- 
rough, of Crawford County, Ark., vetsran of the war of 1812. 

The message also announced that the House had jiassed the bill 
(.S. 444) granting to the State of South Dakota section numbered 
30, in township numbered 94 north, of range numbered 56 west, 
in the county of Yankton in said State for the purpose of an asy- 
lum for the insane, to correct an act approved June 16, 1880, 
attempting to make such grant to the Territory of Dakota, and 
for other purposes. 

ENROLLED BILLS SIGNED. 

The message further announced that the Speaker of the House 
had signed the following enrolled bills; and they were thereupon 
signed by the President pro tempore: 

A bill (H. R. 128) to provide for the establishment of a port of 
delivery at Council Bluffs, Iowa; and 

A bill (H. R. 0071) to amend section 1216 of the Revised Statutes, 
relative to certificates of merit to the enlisted men of the Army. 

BILLS INTRODUCED. 

Mr. SHERMAN introduced a bill (S. 2636) to amend an act en- 
titled "An act authorizing the ai>pointment of receivers of na- 
tional banks, and for other purposes," approved June .30, 1876; 
which was read twice by its title, and referred to the Committee 
on Finance. 

He also introduced a bill (S. 2637) to extend North Capitol 
street to the Soldiers' Home: which was read twico by its title, 
and referred to the Committee on the District of Columbia. 

Mr. BUTLER introduced a 1)111 (S. 2t)38) granting a pension to 
W. W. JIarllee; which was read twice by its title, and referred 
to the Committee on Pensions. 

Mr. HARRIS introduced a bill (S. 2639) for the relief of John 
L. Rhea, executor of Samuel Rhea, deceased, and John Ander- 
son, executor of Joseph R. Anderson, deceased: which was read 
twice by its title, and referred to the Committee on Claims. 

Mr. GIBSON of Maryland introduced a bill (S. 2640) for the 
relief of the legal representatives of Henry W. Archer, deceased ; 
which was read twice by its title, and referred to the Committeo 
on Military Affairs. 

He also introduced a bill (S. 2641) for the relief of Jam?s S. 
Crawford: which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Claims. 

He also (by request) introduced a bill (S. 2642) to extend the 
time for the payment of the unpaid taxes for the year 18!>1 and 
all pi-evious years, and for the remission of the penalty: which 
was read twice by its title, and referred to the Committee on the 
District of Columbia. 

:Mr. FAULKNER introduced a bill (S. 2643) changing the time 
for holding the circuit and district courts in the districtof West 
Virginia: which was read twice by its title, and referred to the 
Committee on the Judiciary. 

He also introduced a bill (S. 2644) granting a pension to Cath- 
arine A. Sharp: which was read twice by its title, and referred 
to the Committee on Pensions. 

He also introduced a bill (S. 2645) for the relief of George W. 
Craig: which was read twice by its title, and, with the accom- 
panying- papers, referred to the Committee on Claims. 

Mr. VILAS introduced a bill (S. 2646) to provide for the pur- 
chase of the Sturgeon Bay Ship Canal: which was read twice by 
its title, and, with the accompanying papei'S, referred to the 
Committee on Commerce. 

He also (by request) introduced a bill (S. 2647) for the relief of 
Mrs. Fanny N. Belger; which was read twice by its title, and 
referred to the Committee on Pensions. 

Mr. SAWYER introduced a bill (S. 2648) gi'anting a pension 
to Augustus G. Cary: wdrich was read twice by its title, and re- 
ferred to the Committee on Pensions. 

-Mr. DOLPH introduced a bill (S. 2649) for the relief of Eli C. 
Officer: which was read tw-ice by its title, and referred to the 
Committee on Claims. 

He also introduced a bill (S. 2650) for the relief of Fannie Ricks 
Jones, and Anne Ricks Willis, heirs of Benjamin S. Ricks, de- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



2249 



ceased; which was read twice by its title, and referred to the 
Committee on Claims. 

Mr. GALLINGER introduced a bill (S. 2651) for the protection 
of boarding-house keejjers; which was read twice by its title, and 
referred to the Committee on the District of Columbia. 

Mr. McMillan iiytroduccd a bill (S. 2652) for the relief of 
BelaR. Davis; which was read twice by its title, and referred to 
the Committee on Military Affairs. -^ 

Mr. PEFPER introduced a bill (S. 2653) granting to Sergt. 
Thomas O. Harter, Company I, First Indiana Cavalry, $10,000 
and a gold medal for losses and services which, in .Tuly and A\i- 
gust, 1862, saved Pope's army and the nation's capital from cap- 
tui-e by Lee's army: which was read twice by its title, and re- 
ferred to the Committee on Military Affairs. 

Mr. GEORGE. I introduce a bill to refund to the producers 
of cotton the internal-revenue tax collected thereon. Inasmuch 
as we rely upon the unconstitutionality of the act imposing the ta.\, 
the Supreme Court of the United States having been evenly di- 
vided upon that questiim. I ask that the bill be referred to the 
Committee on the Judiciary as to the fundamental qu(?stion. 

The bill (S. 2654) to refund to the producers of cotton the in- 
ternal-revenue tax collected thereon, was read twice by its title, 
and referred to the Committee on the Judiciary. 

Mr. Mcpherson introduced a bill (S. 2655) to increase the 
pension of John Kershaw, late a private in Company C, Twenty- 
eighth Pennsylvania Voliuiteers: which was read twice by its 
title, and referred to the Committee on Pensions. 

He also introduced a bill (S. 2656) granting a pension to Mrs. 
Virginia Hart Clark; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. PETTIGREW introduced a bill (S. 2057) granting right 
of way to the Watertown. Sioux City and Duluth Railway Com- 
pany through the Sisseton and Wahpeton Indian Reservation; 
which was read twice by its title, and referred to the Committee 
on Indian Affairs. 

Mr. PERKINS introduced a bill (S. 2658) for the relief of the 
heirs of James Dcford: which was read twice by its title, and re- 
ferred to the Committee on Claims. 

He also introduced a bill (S. 2659) for the relief of Jacob Brum- 
baugh: which was read twice by its title, and referred to the 
Committee on Military Affairs. 

He also introduced a bill (S. 2660) for the relief of Almond 
Partridge, late a private in Company B. Sixty-fourth Ohio Vol- 
unteer Infantry; which was read twice by its title, and referred 
fo the Committee on Pensions. 

Mr. HISCOCK introduced a bill (S. 2661) for the relief of Julius 
Stahel; which was read twice by its title, and referred to the 
Committee on Foreign Relations. 

Mr. KYLE introduced a joint resolution (S. R. 65) authorizing 
the investigation of the cause and results of the recent mine dis- 
aster in the Indian Territory: which was read twice by its title. 
and referred to the Committee on Education and Labor. 

Mr. SHOUP intToduced a joint resolution (S. R. 66) for the re- 
lief of the Boise City National Bank: which was read twice by 
its title, and referred to the Committee on Territories. 

AMENDMENT TO A BILL. 

Mr. HIGGINS submitted an amendment intended to be pro- 
posed by him to the bill (S. 2524) to enforce the provisions of sec- 
tion 2806 of the Revised Statutes of the United States, in respect 
of article 29 of the treaty of Washington, of May 8, 1871, with 
the Government of Great Britain; which was referi-ed to the Com\ 
mittee on Foreign Relations, and ordered to be printed. 

POTOMAC RIVER FRONT. 
Mr. McMillan submitted the following resolution; which 
was considered by unanimous consent, and agreed to: 

Itemlved. That the Commissioners of the District of Columbia be, and they 
are hereby, directed to inquire into and report to the Senate, as soon as may 
IX!, in detail, what portions of the Potomac River front lyins between Water 
street and the said river and extending from Fom'teentli street northwest to 
the Arsenal grounds, are occupied under the authority of the United States, 
by whom leased, upon what terms, and under what atUhority of law; and 
also what portions thereof, if any, are otherwise held and occtipied, and to 
what extent, and by whom, and by what authority, it any: and what rentals 
are being derived from the exercise of wharflng rights and privileges thereon. 
And tm-ther to report what legislation. If any, is, in the .iudgnieiit of the said 
Commissioners, necessary to enforce and maintain the rights of the United 
Stales over the same. 

SHELTER FOR INAUGURATION CEREMONIES. 
Mr. HOAR. I offer a resolution which I ask may have imme- 
diate consideration. 
The resolution was read, as follows: 

Iiesolf«l. That the Committee on Public Buildings and Grounds be directed 
to consider thepracticability of providing a sufHcient .shelter east of the Capi- 
tol for the protection of persons who may take part in the ceremony of in- 
augttrating the President of the United States, or who may as,semble to wit- 
ness stich inaugtu'ation; and, if they And the same to be practicable, toobtaln 
estimates of the probable cost thereof, and to report the same to the Senate 
during the present session. 



The Senate, by unanimous consent, proceeded to consider the 
resolution. 

Mr. HOAR. Mr. President, I suppose it is unnecessary to en- 
force upon the consideration of the Senate the fact that many 
very valuable lives have been exposed and many valuable lives 
have been lost in recent years by the exposure 'incident to the 
inaugura^np ceremonies. The second inauguration of President 



Ijl'tUU^^Si'wn a day of perhaps the most "savago weather ever 
known in recent years to the I'esidents of Washington, and dur- 
ing that time the vast assembly was exposed to bitter and i)icrc- 
ing winds. Among the assemblage was a company of boys from 
West Point who had come on hei'c and who stood in that wind 
for several hours. The inauguration of Pi'esidcnt Harrison oc- 
curred during a vei-y heavy storm. 1 had some ojiportunity of 
knowing, as my friend fron'i Mis.soui-i |:Mr. CoCKRKLlJ had, that 
the health of the President liimself. though not exposed to the 
storm as wore the auditors who had I'emained there for so long 
a time, was very seriously endangered, and was only preso'vcd 
by active preventive reinedi(!s. 

I suppose the committee will ascertain tliat a sufficient quan- 
tity of lumber to make a pei-fectly water-tight roof large enough 
10 shelter the entire crowd and jierhaps with canvas or other 
protection for the sides, may be hired for the day without very 
great expense, and that the shelter can be suppoi'ted by timbers 
witliout breaking into the pavement. At any rate, the question 
is worth considering, and the consideration of it ought to be had 
in ample season before tlio next inauguration. The Committee 
on Public Buildings and Gi-ounds can obtain the advice of the 
Architect of the Capitol or any other advice theydesire. 

The PRESIDENT pro (f»(2>orf. Tlie question is on agi'ceing 
to the resolution. 

The resolution was agreed to. 

TARIFF LAWS OF COLOMBIA. 

Air. MORGAN submitted the following resolution: which was 
considered by unanimous consent, and agreed to: 

Hoiolvfd, That the President be recitiesled, if. in his opinion, it is not in- 
compatible with the public interests, to communicate to the Senate ihc items 
of taxation imposed by the laws of the Republic of ('iilonil>ia ui)on tlie pro- 
ductions of the United States imported into Colombia, wlxich he lias f<:)und 
and has proclaimed to be reciprocally tmjusi to the United States. And that 
he send to the Senate the correspondence with the Government ol Colombia 
relating to reductions in taxation imder the tariff laws of Colombia that have 
been proposed by either Government to secure reciprocal Justice in tariff 
taxation between the two countries. 

COLLECTION DISTRICT OF LOS ANGELES. 

Mr. FELTON. I desire unanimous consent for the present con- 
sideration of Senate bill 2.384, which sim]")ly proposes to change 
the name of a customs-collection district. The bill is entirely 
local in character, and it will only take a minute to pass it. 

The PRESIDENT iiro tcmpoir. The bill will be read by title. 

The Chief Clerk. A bill (S. 2-384) to change the name of the 
customs-collection district and port of Wilmington, Cal.. to Los 
Angeles, and for other purposes. 

Mr. COCKRELL. This is a very short bill, a local one. and 
there can be no possible objection to its passage. I shall not in- 
terpose any objection, but I want the Calendar to be called after 
this bill is passed, and then 'I there are any special local bills of 
this character, when we get toward the close of the Calendar 
hour they can be called up and passed by unanimous consent. 
But wernust g'o to the Calendar after this bill is disposed of. 

XImsJkRESIDENT pro tempore. Is there abjection to the ijres- 
nsideration of the bill indicated by the Senator from Cali- 
?oi'nia? 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill, which had been reported 
from the Committee on Commerce with amendments. 

The first amendment was, in section 1. line 7. after the word 
•' reside," to strike out the remainder of the section, in the follow^ 
ing words: 

.\nd that Santa Barbara. Ventura. Hueneme. Redondo. and Santa Monic?. 
shall be ports of deliver.v. and San Pedro a sxibport of entry and delivery, al 
which subport a deputy collector of cttstoms shall be stationed, who shall 
also be clothed with power to appraise merchandise for the district. 

So as to make the section read: 

That the customs-collection district of Wilmington, Cal.. shall hereafter tj; 
designated and known as the district of Los Angeles, in which the city of Lo: 
Angeles shall be the port of entry, and at which place the collectorof customs 
for said district shall reside. 

The amendment was agreed to. 

The next amendment was, in section 2, line 2, after the worc^. 
•• designate," to strike out " customs officers to" and insert ■' from 
time to time, places within said district at which customs otficera 
may:'' in line .3, after the word "stationed.'" to strike out '"at 
each of said ports: " in line 5, after the word " ))erform," to insert 
"such." and in line 6, after the word "services." to strike out 
"whenever" and insert "as;'' so as to make tlie section read: 

Sec. 3. That the Secretary of the Treastu-y may designate, from time to 
time, places within said district at which customs" officers may be stationed, 



CONGRESSIONAL EECORD— SENATE. 



2250 

such couiiiu-rc-e may reqiure. 
The amendment was agreed to. , -. ^i , „,„i 

The next amendment was, in section 3, Ime 1, after tlie second 
word " the," to insert ■' first and;" and, in the same line after the 
word "seventh," to strike out "section "and insert " sections; 
so 8 3 make the section read: 

Kiv •! Thit thoOTovisions of the first and seventli sections of tlie act ap- 
T^rovU June 10 188^0 entitl?>l "An act to amend tlie statutes In relation to im- 
KatetrTnspoitaiionoI dutiable goods, and for other purposes," be, and 
toe same are hereby, extended to the said port of Los Angeles. 
The amendment was agreed to. ,-,-,., i 

T!ie bill was reported to the Senate as amended, and the amend- 
ments were concurred in. ,, . -, J. 1 
The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

LIQUOR TRAFFIC IN INDIAN TERRITORY. 

Mr. COCKRELL. The Calendar. „ , ^ ^ . . , 

The PRESIDENT pro temimrc. The Calendar being in ordoi , 

the first bill will be announced. . ^ , . ti,„ 

Mr WILSON. I desire to call attention to a mistake m the 

printing of the Calendar of to-day. I see that Senate bill 19fe8 

has been placed under Rule IX. . j , 

The PRESIDENT i)ro tempore. No, it was simply passed ovei 

without preiudice, remaining under Rule VIII. 

Mr WILSON. The print of the Calendar, however, indicates 
that it is under Rule IX: but that was not the order made 

The PRESIDENT )/ro innpore. If the Senator will look at the 
first page of the Calendar he will see that it remaiiis under Rule 
VIII and is not under Rule IX. 1* is subject to call. 

Mr WILSON. The under-standing was that that bill was 
mereiy passed over until the next Calendar day. I spoke to he 
Senator from Indiana [Mr. VOORHEES] about it, and he says that 
was his understanding. , ti i it-ttt 

Mr. VOORHEES. It is still under Rule VIII. 
Mr WILSON. I ask that the bill may be now considered. 
The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (S. 1988) to amend sections 2139, 2140, and 
2141 of the Revised Statutes. ,.,,,, i „ ;., 

The PRESIDENT pro tempore. The bill has been read as m 
Committee of the Whole, and is open to amendment. 

Mr WILSON. I desire to offer a few amendments to the bill. 
In section 1, line 20, after the word " authority " I move to insert 
the words " in writing:" so as to read: 

Rill it sliall be a sufticieut defense to any charge of introducing or attempt- 
inf"o\ntroduc4 ar"enrspirits. ale beer V 

til? TiirtiTii .■iiuTitrv that the ai-tschai'Kod were done under autnoruj ii>'i" 
III War Department or aSy officer duly authorized in ^vriting thereunto by 
the War Department. 

The amendment was agreed to. , , ,. „t * ;„ 

Mr WILSON. In section 2, at the end of line 6, 1 move to in- 
sert the word "or," and to insert a comma afterthe word per- 
son ••; and in line 7, after the word " Indian to insert orothei 
person;" so as to read: 

That if any superintendent of Indian affairs, Indian ^Sent or stibagent oi 
commanditis officer of a mUitai-y post has ''eason to s.ispect or is tofor^^^^^^ 
tiiat inv whUe nerson Indian, or other person is alionl to mtroduce oi n,is 
totroduced any ardent siiirits ale. beer, wine, or luto.Klcatlng liquor or liquoi^ 
S ai?v ktal tato the Iiuiau countrvin violationot law, such superintendent, 
lleni subawut oi- commandinK ofUcer may cause the boats, stores, p.ack- 
alel wagol^rsie^s, aiTplaces-of deposit of such person or Indian to be 
searched. 
The amendment was agreed to. 

Mr WILSON. In section :i, line 5. after the word manufac- 
turing," I move to insert "or keeping for sale any; so as to 

"^"Everv person who shall, within the Indian country, set up or continue any 
distiUery brewery or other establishment of whatever character for manu- 
faet rin- or keeiiliiL' for sale any ardent spirits, ale, beer; wme, or Intoxicat- 
taguquoror iTquorVof aS^ whatever, shall be liable to a penalty of 

$1,0U0. 

The amendment was agreed to. ,. , , „,ij;„„ 

Mr. WILSON. I move to further amend section 3 bj adding 
to the section the following: 

The United States court for the Indian Territory shall have junsdiction 
for the trial and punishment of all crimes and offenses commuted m said 
TerritoiT in violation of the provisions of this act. 

The amendment was agreed to. + t i „ ,, t . 

Mr. WILSON. Those are the only amendments i ha\e to 

"'^Mr MORGAN. I desire to call the attention of the Senator 
from Iowa to a fact. There are some eight, I think, small frac- 
tional tribes of Indians in the northeastern corner of the Indian 
Territory, their reservations bounded on the north by Kansas, 
on the east by Missouri, and on the south and west by the Cher- 
okee possessions. The Committee on Indian Affairs is about to 
report a bill for the purpose of conferring full citizenship of the 
United States upon the people of those eight tribes, allotting 
their lands in accordance with their wishes, and organizing them 



Maech 21, 



into the county of Cayuga, to be placed under the jurisdiction 

of the Territory of Oklahoma. ,, , , . , 

I desire to suggest to the Senator from Iowa that he put .some 
reservation or qualification in his bill, so that it would not ap- 
i)lv to those Indians or to that country after they are brought 
into the Territory of Oklahoma, for the laws of the rorritory of 
Oklahoma and the laws applicable also to citizens of the United 
States would apply in that county after it had been so incorpo- 
rated in this Territorial government. ,iT,„„T„ 
More than that, the committee, at the suggestion of those In- 
dians, desire to place in that bill restrictions upon the power of 
the Territorial government of Oklahoma to admit liquor tree or 
under license for sale. The committee desires the most strin- 
o-ent regulations for the prohibition of the sale of intoxicants 
within the county of Cayuga as it is proposed to be organized. 

I do not know but that the bill the Senator is now supporting 
would have the effect of cutting off the legislation that is pro- 
posed for these particular fractional tribes of Indians in that 

*^°!vTr.' PL ATT. It will lake them out of the Indian country, will 

^ Mr WILSON. The legislation the Senator says will be pro- 
posed would, as I understand his statement, take that county out 
of the Indian Territory? 

Mr WILSON.' Consequently the bill would not be operative 
therein; and if there should be any danger of that, it can be very 
easUy provided for in the bill to which the Senator refers as one 
likely to be reported. Butif theexistmg condition of affaii-s shall 
continue then there can be no question that this bill ought to go 
through as it is. , . i ,,.„ 

I shall certainlv have no objection to making any such pio- 
vision as the Senator suggests for the protection of those people 
if that county shall te added to the Territory of Oklahoma. 1 
am only now endeavoring to provide for an existing state ot at- 

^m- MORGAN. I suppose the Committee on Indian Affairs 
can put in cautionary provisions that will prevent theefleotof 
having a double system of laws obtaining there upon the same 
questions, the Tei-ritorial law of Oklahoma and the law of the 
United States. The difficulty that suggested itself to my mind 
was that a different court, perhaps, mif^t have the trial of the 
offense which would be committod imder the statute here pro- 
posed, that the Territorial court would have the jurisdiction to 
trv the offense in the one case, whereas the Unit«d States couit 
fo'r the Indian Territory would have the jurisdiction in the othei . 
Mr WILSON. That would have the jurisdiction within the 
Indian Territory, but, as I unaerstand the Senator, it is proposed 
to take part of the Territory out of that jurisdiction and place 

it within Oklahoma. . ■^:^;„„^ „,. 

Mr MORGAN. U the Indian Territory were a political oi- 
o-anization with definite boimdaries fixed in thestatute thatwould 
fx. all well enough, and I suppose we can arrange It; but I wanted 
to call the Senator's attention to it, so that there might be no 

"Mr! WILSON.' I shall have no objection to any arrangement 
that rnav be necessary to be made at the time. , . „ ^ .,,„ 

The bill was reported to the Senate as amended, and the 
amendments were concurred in. .^ 

The bill was ordered to be engrossed for athird reading, lead 
the third time, and passed. 

The title was read. ^ ^ , ,. „ .^„v 

Mr. CHANDLER. I suggest to the Senator from Iowa that 
the title ought to be a description of the subject-matter of the 

^^'Mr. WILSON. I desire to amend the title by adding thereto 
the words "and for other purposes." ,. x i 

Mr CHANDLER. That does not meet the suggestion Imake. 
A bill the title of which says to amend such a section and such 
a section of the Revised Statutes conveys no idea whatever of 
the subject-matter ot the statute, and I ihmk that it ought to be 

^^^Mr*^ WILSON. I have followed what has been the unUorm 
custoin in respect of the amendments ot the sections of the Re- 
vised Statutes. . . . , T- ii,;„i, 
Mr CHANDLER. I think the Senator is mistaken. 1 think 
that occasionally a bill passes which only specifies certain sec- 
tions of the Revised Statutes to be amended, but it is more usual 
than otherwise to add the subject-matter to which the bill ic- 

'^m'i- hale I do not know about the present rules, but the 
old rules of the Senate provided that where a bill was reported 
to amend a section or sections of the Revised Statutes the stib- 
iect-matter of the sections referred to should be stated, so that at 
a glance Senators and everybody else could see what was referred 
to I ao-ree with the Senator from New Hampshire [Mr . Chand- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



22G5 



Mr. CHANDLER. Do they tell us liow much money it will 
take out of the Treasury? 

Mr. DOLPH. No, they do not state the amount. I have stated 
to the Senate all I know about it. 

Mr. PASCO. I wish to state that anyone with the most supur- 
fioial knowledge on the subject must bo aware that $200,000 is an 
inadequate estimate. There are twenty or twenty-five milliim 
acres of land that have been forfeited to the Government and an 
equal quantity has been offered for sale at $2.50 an acre. How 
much of it has been sold I do not know, bvit if only 10 per cent of 
it has been Sold it will be ten times the amount the Senator f r(mi 
Oregon says was estimated in the letter which he speaks of as 
being before the committee in the last Cong-ress. 

We are entering upon a wide field, Mr. President. Noborly 
can begin to estimate the amount required, but certain it is that 
it must go up into the millions, and certain it is ton that the 
money is already appro]iriated, forthere willb.> nothing todobut 
to goto the Treasury and collect these demands when they are 
once established against the Government. The third section of 
the act, as I stated when I was on my feet before, alreadyappi-o- 
priates the amount that is necessary to carry the provisions of 
that act into effect, and we are making a large and indefinite ap- 
propriation; no man can tell how large. As the Senator fi'Oin 
Oregon says, it will take weeks of labor in the Department p.'r- 
haps to ge't the information which will enable us to proceed u])on 
a solid and substantial foundation. 

Mr. HISCOCK. Mr. President, I rise for the purpose of ask- 
ing a question, which doubtless would be imnecessary to be asked 
by me if I had listened to all the debate. I should like to inquire 
of the chairman of the Committee on Public Lands what 1 ho 
clause means ''or shall hereafter be canceled for confiict?" 

Mr. DOLPH. That is in the old law. That is the langu ige 
of the act of 1880. It moans that wh're ])arties seek to enter 
lands and somebody contests the right to enter and claims that 
he has a better right to the lands, when one party is permitted 
to enter the land the money shall be jiaid back to the party who 
has been contesting for it. 

Mr. HISCOCK. Right along in the same line the words oc- 
cur " or where, from any cause, the entry has been erroneously 
allowed and can not bo confirmed." 

Mr. DOLPH. That is where the local land office has held that 
the party is entitled to the land, and wh>_-n it appears befoi'e tlie 
Commissioner of the General Land Office it is found that the land 
was not subject to entry. 

Mr. HISCOCK. Is that the language of the old law? 

Mr. DOLPH. That is the old law; it is not new legislation 
at all. The only new portion is the provision for persons who 
have settled on railroad lands which have been afterwai'ds for- 
feited, who have jiaid $2..")0 an acre and have not got the read. 

Mr. HISCOCK. Then, I understand, the law as it now is 
covers cases where there have been fra\idulent entries which 
have been disallowed? 

Mr. DOLPH. No: not fraudulent entries. 

Mr. HISCOCK. Why not? 

Mr. DOLPH. It is not a question of fraudulent entries. 

Mr. HISCOCK. "Where, from any cause, the entry has been 
erroneously allowed." 

Mr. DOLPH. It means eiTOrs different from fraud. It does 
not apply to cases held up in the Land Office. 

Mr. BERRY. Mr. President, the Senator from Oregon, in 
speaking about the araovmt probably involved in this bill, spok.e 
about the letter which was before the committee at the last ses- 
sion, which he thinks was from somebody about the Department. 
He does not know whether it was from the Commissioner or whom 
it was from. I have no disposition to dispute anything tlie Sen- 
ator has said, but I had no recollection of any letter of the kind, 
nor has there ever been any before the present committee. 1 do 
not think that any member of that o<immittee, however, was of 
the opinion that there is any probability that the amoimt would 
fall below half a million or a million dollars. 

Now, the word "assigns'' having been stricken out and "legal 
representatives '' substituted, I presume it was the intention of the 
Senator from Colorado, and ijrobably the legal effect of it would 
be to confine these payments to the original purchasers or to their 
heirs, administrators, or executors, as the case may be. If that 
Ix; true it will reduce the amount very considerably; how much 
I do not know, but such I take to be the intention of the Senator 
from Colorado and the legal effect of the amendment that has 
been adopted. 

Mr. TELLER. That is right. 

Mr. BERRY. In my opinion in the Territory of Arizona 
alone, with the amount of lands that have been entered at $2..")0 
an acre and the lands afterwards forfeited by reason of the act 
forfeiting the lands that were granted to the Atlantic and Pacific 
Railroad, the cost of this bill, if all the amounts were paid back 
for all those entries, would amount to far more than $200,000, to 



say nothing about forfeitures that have taken place all over the 
country, which include the large tractof land on the North Pacific 
Railroad. Pora distance of 200miles, from Walluladown to Port- 
land. 20 miles on each side of the railroad, one-half of the lands 
were forfeited. So it is useless for any one to blind himself with 
the idea that the bill does not contain a larger appro])riat ion 
than $200,000. or anything in the neighborhood of that amount. 

Mr. DOLPH. Will the Senator allow me? 

Mr. BERRY. Certainly. 

Mr. DOLPH. Representative Hermann of Oregon has just 
stepped into the Senate Chamber. The letter I have referred 
to was written to him, and he informs me that the amount es- 
timated was $250,000. instead of $200,000. Mr. Herm.\NN is in my 
hearing. 

Mr. BERRY. Although the Senator from Oregon was qxiite 
certain he could not bo mistaken, I was not disposed to make 
any issue with him ab mt the lel1x>r or to dispute it, bat 1 do as- 
sert that whoever may have written the letter he certainly had 
but little knowledge of the largo number of acres of lands that 
have b en forfeited which wei'e originally granted to railroads 
in case they should bo built. 

So this is an unlimiteJ appropriation of an unlimited amount. 
The Senator from New Hampshire [Mr. ChandlerI thinks the 
lirinciple is correct, but that the amoiuit should govern it. If 
it was money that we owed or that we were legally or equitably 
bo md to pay, then the amount ought not to enter into the con- 
sideration, taecau.so if it be a just or a legal or equitable obliga- 
tion upon the part of the United States Government it ought to 
be paid without rogai-d to the amount. But when it comes to an 
abjolute gift, a gift of money to these iiai'tios that thoy can not 
claim upon any legal or equitable ground, and the Senator from 
New Hampshire is going to determine how much he is willing 
to give these peoi)lo, tlien I think lie is correct, and we ouglitto 
know something about the ability of this Government to give 
away the money that belongs to its citizens, and we ought not to 
go beyond its cajjacity. 

When the Senator places it upon the groimd that it is an obli- 
gation upon the Government, I think he could not have heard 
the statement made by the junior Senator from Louisiana |Mr. 
White], which made it so clear that there was no obligation, 
either legal or equitable, raised ujion the General Governnicnt 
to refund this money, that I can not see liow any one can misun- 
derstand the situation and put it upon such ground. Upan the 
idea of the Senator from New Hampshire of a liberal grant of 
])ower in the Constitution, and that we can do anything we see 
proper, if he be correct we can give away the money; bvit I want 
the Senate to know when they imdertake to give it tliat it will 
not be c ivered by any $200,000, or any sum that is anywhere 
]i ;ar that, but tha"t it will, in my opinion, run away up into the 
millions. 

Mr. GEORGE. Mr. President, I desire to call the attention of 
the Senator from Colorado to a point. On his motion the bill 
has been amended in a way which I think is just and right and 
proper. 1o pay the money back, if it is to be paid at all, only to 
the persons who bought "from the Government. 1 agree with the 
projiriety of that amendment, but I desire to call the attention 
of the Senator to this view of it: Suppose before the passage of 
the act of lorl'eitur.' and whilst it was still believed that the rail- 
road would be built and the extra value attached to th(> land 
arising from that belief, the original pui-chasersnld to somebody 
else and got in the sale the increased price arising from that be- 
lief, I should like to know from the Senator would it not be just 
to cut that purchaser out of any refund under this bill? 

Mr. TELLER. I have no doubt it would be just, but we can 
not provide for cases of that kind without a great deal of diffi- 
culty: and to attemjit to do that would make the bill very cum- 
bersome and very ineffective. If a man had sold out early and u|)on 
the theory that 'the railroad was going to be built, and the pur- 
chaser is the party who suffers, perhaps the purchaser ought to 
have the money, but we can not very well provide for such cases. 

Mr. GEORGE. I do not desire to give the subpurchaser the 
money. I think the amendment of the Senator is right; it ought 
to be confined to the party who dealt with the Government: but 
as he admits now, in a case where the jiurchaser sold bofoi'O the 
failure of the enterprise was known (and he objects to my sug- 
gestion upon that point only upon the ground that it would be 
difficult to frame a bill in that view), I suggest to him that the 
bill might be amended so as to read somewhat in this way: 

To the purchaser or entryman from the Government who had uot sold his 
laud prior to the date of the act of forfeiture. 

It would not require a great deal of amendment. That much 
of it would confine the benefits of this measure to the persons who 
I think, if anv. are entitled to it. 

Mr, TELLER, I suppose that might be done, but I think the 
class of cases that would ba reached by such an amendment would 
be very small. It does not seem to me that there can be so much 



2266 



CONGRESSIONAL RECORD— SENATE. 



Maech 21, 



money to be paid back under this bill as was suggested by tlie 
Senator from Arkansas; yet I admit we are here without very 
inucli information as to how much will be paid back under the 
bill if it should become a law. Of course the homestead people 
do not get anything because they had to pay the fees the same 
whether there was a railroad or whether there was not. So it 
is left entirely to the preemiDtors. 

Mr. DOLPH. Those who commuted homesteads. 

Mr. TELLER. Well, they become, within the proper mean- 
ing of the tei-m, preemptors. They paid their money. Where 
parties lived the reqisite ninnberof years and entered as a home- 
stead, they do not get anything under this bill. 

Mr. President, it would have been more satisfactory if the com- 
mittee could have brought us exact facts. This bill was before 
the Committee on Public Lands when I was a member of it, but 
I do not myself recollect anything about the amount involved in 
the bill, i voted for it, I think. It seemed to me to be an act of 
justice to the people who wont into these wild regions and took 
land upon the supposition that a railroad was to be built, that 
they should not pay more than other people paid. 

It is true that the money went into the Treasury and was prob- 
ably expended, and it is true, technically speaking-, that it is the 
money of the Government. There is no question about that; but 
it is nevertheless true that in a section of the country people 
have paid $2.50 an acre upon the theory that they were receiv- 
ing special benefits, upon the theory that the Government had 
parted with one-half of the land in that section and thereby de- 
creased its revenue one-half. They did not receive any special 
benefits. The Government did not part with the land. It did 
not decrease its revenue from that source one-half. 

The amount, if it be a million dollars, as suggested by the 
Senator from Oregon, is not of anjf great consequence to us, if it 
is a proper and an equitable thing that we should pay it back. 
It strikes me that it is an unfair thing for the Government to 
have induced these people to go in there and pay a double price 
for the land, and then keep their money. 

j\Ir. President, I know something about what it costs to settle 
up a new country. I know something of the class of men who 
are to be paid back. I wanted the bill confined to the men who 
had paid the money or their heirs or legal representatives. 

I agree with the Senator from Arkansas that it should not be 
a matter of speculation. If it is not a matter of sufficient conse- 
quence for the people who paid the money or their heirs or legal 
representatives, it will not be called for; while, on the other 
hand, it an assignee might get it, somebody would go to work 
and get assignments from everybody and make it a business, 
and probably the Government might pay out money in large 
amounts that the settler himself would get very little or no 
benefit from. 

We have had some laws passed for the benefit of settlers tliat 
have never inured to their benefit, but under this bill, if it shall 
become a law, the benefit will be confined to those who are en- 
titled to it. 

I said, Mr. President, I knew something about what it costs 
to settle a new country. Ninety-nine per cent of the men who 
go into a new country are poor, and what is more, many of them 
remain poor for many years. If they do not remain poor, if they 
get rich, the years of privation, the years of hardship, the 
years of toil, the years that they are deprived of the advantages 
of old and settled communities are illy compensated by the pay- 
ment back to them of $200 a quarter section. 

If the history of the West could be written with a pen of truth, 
and if wo could see the hardship, the poverty, the want of justice, 
and the lack of opportunities that those peojile have gone through, 
the exertions that they have made to make a homo, the efforts 
they have made to bring their children within the civilizing in- 
fluences pervading the other sections of the coimtry, there is not 
a man here nor anywhere who would begrudge to those settlers 
the payment back of the $200 which they would not have paid 
but for a mistake of the Government of the United States and 
not a mistake of theirs. They believed that the road would be 
built, because the Government said it would be built. I admit 
there was no guaranty that the road would be built. There is no 
legal obligation to i)ay back the money, but the statutes are full 
of this kind of acts, recognizing an equitable right on the part 
of ])eople to call upon the Government to have money that they 
had paid under a mistake or under an error refunded to them. 

It does not seem to me that the amount named is sufficiently 
large. A million or two million dollars might bo paid and this 
country is not to be bankrupted. It is said that v.-e have not got 
much monev in the Treasury. It is said that it has run down, I 
believe, so that there are only $125,000,000 of gold in the Treas- 
ury that is absolutely free. There is some other money, Mr. 
President. Nobody need disturb himself about the inability of 
the Government of the United States to pay all the obligations, 
equitable and legal, that it may have had or that it may assume. 



This bill has passed the Senate once. It is in accordance with 
other legislation exactly the same kind, where we have rec- 
tified mistakes, and if it is not a mistake it brings it so closely 
as to say it is an obligation, an equitable obligation on the part 
of the Government to put these people where they would have 
been but for the legislation which induced them to pay twice 
what the Government has all through its history exacted from 
the settlers. 

Mr. BERRY. Will the Senator from Colorado allow me to 
make a correction? I do not think a bill like this passed the 
Senate. The Senator stated that it liad. 

Mr. TELLER. I thought the bill had passed the Senate. It 
received the favorable action of the Committee on Public Lands. 

Mr. berry: That is correct. 

Mr. TELLER. My recollection was that it had passed the 
Senate, but it does not make any difference whether it did or 
not. 

Mr. STEWART. If the Senator will allow me in this connec- 
tion, he remarked that wo proposed to put the settlers back in a 
better position than otherwis3 they W'ould bo in. This bill does 
not secure that purpose entirely, because the quantity of land 
that they were allowed to take was reduced one-half . They were 
allowed to take only 80 acres; it was reduced one-half; and even 
if the bill passes they would not be in as good condition as they 
would have been if nothing had been done. 

Mr. TELLER. Mr. President, I do not desire to debate this 
question or continue the controversy over it. It is a matter that 
it saems to me is equitable, and I propose to vote for the bill. 

Mr. MITCHELL. Mr. President, I have been necessarily de- 
tained from the Senate Chamber. I did not know that this meas- 
ure was coming up to-day, and I shall not detain the Senate long 
now. I have not heard what has been said on the different sides 
of the question, except what has been stated by the Senator from 
Colorado [Mr. TELLER]. I simply rose to make an indorsement 
most emphatically of what he has said so much better than I 
could say in favor of the passage of this bill. 

I think what amounts to a little less than a fraud has bet^n per- 
petrated by the Government of the United States in holding out 
to the parties in tho limits of railroad grants the inducement 
that a railroad would bo constructed and that therefore they 
could afford to pay, in view of that fact, just double what all 
other preemptors are compelled to pay under tho general laws 
of the United States. I believe for that reason, and in view of 
the fact that no railroad has been built the amount that they 
have paid over and above what all others have paid should be re- 
funded to them. 

I had the honor to introduce a bill of this character five or six 
years ago. It was referred to the Committee on Public Lands of 
tho Senate, and at that time I addressed a letter to the then Sec- 
retary of the Interior, Secretary Lamar, inclosing the bill and call- 
ing upon him for his recommendation as to whether, in his judg- 
ment as Secretary of the Interior, such a bill ought to be passed, 
premising my letter, as I did, by calling attention to the fact that 
Congress had already legislated upon the subject to the effect 
that where parties had settled on public lands believing them to 
be within the limits of a grant and it turned out subsequently by 
the readjustment of the lines that they were thrown outside, they 
should be provided for, and that the $1.25 an acre paid over and 
above the amount that settlers generally aro called upon to pay 
should be refunded to them, I received an answer from Secre- 
tarj- Lamar, which I regret very much to say I have not here, to 
the otl'ect that be saw no reason in the world — that was the sut> 
stanco of it — why the bill should not become a law. I therefore 
hope that this bill will be passed. 

The PRESIDING OFFCER. U there be no further amend- 
ment as in Committee of the Whole the bill will be reported to 
the Senate. 

The bill was reported to the Senate as amended and the amend- 
ments were concurred in. 

Tho bill was ordered to te engrossed for a third reading, and 
was read tho third time. 

Tho PRESIDING OFFICER. Shall the bUl pass? 

Mr. BERRY. On tliat I ask for the yeas and nays. 

The yeas and nays were ordered. 

Mr. HOAR. I rose to move that the Senate proceed to the 
consideration of executive business. 

Mr. DOLPH and Mr, STEWART, Lot us take the vote 
first, 

Mr, HOAR. I have some doubt about the presence of a quo- 
rum. 

The PRESIDING OFFICER. The roll will be called on the 
passage of the bill. 

The Secretary proceeded to call the roll. 

Mr. CALL (when his name was called). I am paired with the 
Senator from Vermont [Mr. Proctor]. I do not see him pi-es- 
ent. and I therefore withhold my vote. 



1892. 



CONGEESSIONAL RECOED— SEIfATE. 



2267 



The PRESIDING OFFICER (Mr. Faulkner, when his name 
was called). The present occupant of the chair is paired with 
the Senator from Pennsylvania [Mr. Quay]. 

Mr. HARRIS (when his name was called). I am jjaired with 
the Senator from Vermont [Mr. Mokridl] upon all questions. 
He is confined to his home by illness. If ho were here, I should 
vote ' ' nay.'' I do not know how the Senator from Vermont would 
vote. 

Mr. McMillan (when his name was called). I am paired with 
the Senator from North Carolina [Mr. Vance]. 

Mr. MORGAN (when his name was called). I am paired with 
the Senator from Massachusetts [Mr. Dawes]. If he were pres- 
ent I should vote ''nay." 

Mr. PASCO (when' his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey]. In his absence I 
withhold my vote. If he were jjresent I should vote '• nay.'" 

Mr. PLATT (when his name was called). I am paired with 
the Sonatorfrom Virg-inia[Mr. Baebour]. Ashe is absent from 
the Chamber I withhold my vote. 

Mr. RANSOM (when his name was called). I am paired with 
the Senator from Maine [Mr. Hale]. If he were present I should 
vote " nay." 

Mr. TELLER (when his name was called). I am paired with 
the Senator from Texas [Mr. CHILTON]. If he were present I 
should vote '-yea." 

The roll call was concluded. 

Mr. WILSON. I am paired with the Senator from Georgia 
[Mr. Colquitt], and therefore withhold my vote. 

Mr. BUTLER. I am paired with the Senator from Pennsyl- 
vania [Mr. Cameron]. If he were present, I should vote "nay." 
I do not know how he would vote. 

Mr. CAREY. I am paired with the Senator from Missouri 
[Mr. Vest] on this question. If he were present, he would " nay." 
If I were at liberty to vote, I should vote "yea." 

Jilr. HANSBROUGH. I am paired with the Senator from Il- 
linois [Mr. Palmer]. Were he present, I should vote " yea." 

Mr. BUTLER. I should like to have the attention of the Sen- 
ator from Wyoming [Mr. C.\rey]. I was under the impression 
that he is paired with my colleague [Mr. Irby] on all questions. 

Mr. CAREY. I am paired with the Senator's colleague on po- 
litical questions. Is this considered a political question"? 

Mr. BUTLER. I do not know that it is a political question, 
but I presume my colleague relied on his pair with the Senator 
from Wyoming. He is not present. 

Mr. CAREY. I will state the vmderstanding I had with the 
Senator from South Carolina [Mr. Irby]. He told me not to de- 
cline to vote on anything that was not a political question. I un- 
derstood this to be not apolitical question, and the Senator from 
Missouri [Mr. Vest] requested me to pair with him, which I did. 

Mr. BUTLER. I suppose that will be all right. The Sena- 
tor from Florida [Mr. P.\sco] announced his pair with the Sen- 
ator from North Dakota [Mr. Casey]: and if agreeable I will 
transfer his pair with the Senator from North Dakota to my col- 
. league [Mr. Irby], so that the Senator from Florida will be al- 
lowed to vote. That being the understanding, the Senator from 
Florida, I presume will ba allowed to vote by transferring his 
pair. 

Mr. PASCO. With that understanding of the transfer of my 
pair, I vote "nay." 

Mr. TELLER. Has a quorum voted? 

The PRESIDING OFFICER. A quorum has not yet voted. 

Mr. BUTLER. On this question, as there is no quorum, and 
in order to make a quorum, the Senator from Michigan [Mr. 
McMill.\n] can transfer his pair with the Senator from North 
Carolina [Mr. Vance] to the Senator from Pennsylvania [Mr. 
Cameron]. That will enable both of us to vote, if it will be 
agreeable. 

Mr. MCMILLAN. Very well. 

Mr. BUTLER. I vote "nay." 

Mr. McMillan. I vote " yea." 

Mr. WHITE. Before the result is announced, I desire to state 
that my colleague [Mr. Gibson of Louisiana] is i^aired with the 
Senator from Minnesota [Mr. Washburn]. 

Mr. HARRIS. Has a quorum voted? 

The PRESIDING OFFICER. It has not. 

Mr. HARRIS. I suggest to the Senator from Connecticut 
[Mr. Platt] that in order that we make a quorum wo transfer 
our pairs. He is paired with the Senator from Virginia [Mr. 
Barbour]; I am paired with the Senator from Vermont [Mr. 
Morrill: and if it will suit the Senator from Connecticut we 
can transfer our pairs and both vote. 

Mr. PLATT. Under the circumstances of my pair I prefer 
not to transfer it. 

Mr. HARRIS. All right. 

Mr. HANSBROUGH. I desire to vote to make a quorum. I 
vote "yea." 



Mr. HOAR. I desire to state to the Senator from Tennessee 
[Mr. H.\REis] that this does not appear to be a political question, 
and it is quite certain if it is, one vote will make no difference. 
I think the whole Senate would agree that the Senator from 
Vermont [Mr. MoRRiLL] would desire that the Senator from 
Tennessee should vote for the sake of making a quorum. I hope 
there will bo a quorum voting, because it is necessary to liave a 
brief executive session, and if there is no quorum that can not 
be had. I hope the Senator from Tennessee will feel at liberty 
to vote. 

Mr. HARRIS. I have never voted to make a quorum when I 
have been paired with a .Seiuitor and I could not state how he 
would vote. Otlicr Senators, at least some other Senators, do. 
I hardly think it a proper thing toete, and certainly it is a thing 
I shall not do unless some one can assui'o me as to how the Sena- 
tor from Vermont [Mr. MORRiLL] would vote. 

Mr. TELLER. I ask that the result bo announced. There is 
no voting- being done. 

Mr. GRAY (after having voted in the negative). Mr. Presi- 
dent, I inquire whether the Senator from Illinois [Mr. Cullom] 
has voted"? 

The PRESIDING OFFICER. He has not voted. 

Mr. GRAY. I have a general pair with the Senator from Illi- 
nois. I withdraw my vote. 

The result was announced — yeas 20, nays 21; as follows: 

yeas— 20. 

Sanders, 

Sawyer. 

Squire, 

Stewart. 

Stocktjrldge. 

X NAYS— 21. 



Allen. 

Dixon, 

Dolph. 

DiU)ois. 

Frj'c. 



Gallluger, 

Hansbrough. 

Hoar. 

McMillan. 

Mllcholl. 



Padilock, 

Pvfiov. 

Perkins. 

l"euigi-ew, 

Power, 



Bate. 



(V 



Voorhees, 
Walthall, 
White. 



George, Kyle. 

Berry. ^ Gibson, Md. McPherson, 

Butler, — Hawley, Pasco. 

Chiiniller, Hiegins. Puph, 

Coke, 03 Hill, Turpie, 

Daniel. 03 Joues, Ark. Vilas. 

NOT VOTING— «7. 

Aldricli. ^ Oockrell, Harris, Ransom, 

Allison, JO Colquitl, Hiscock, Sherman, 

Barbovir, .— ^ Cullom, Irby. Shoup, 

Blackburu-O Davis, Jones, Nev. Stanford, 

Blodgett, 3 Dawes, Kenua, Teller, 

Brice. CO Faiilkuer, Maudersou. Vance. 

Call, ^ Feltou, Morgan. Vest, 

Cameron, o Gibson, La. Morrill. Warren, 

Carev. |j_ Gordon, Palmer, Washburn, 

Carlisle. ^^ Gorman. Platt. Wilson, 

Casev. Gray, Proctor, Wolcott. 

Chilton. Hale, Quay, 

Mr. DOLPH. I move a call of the Senate. 

The PRESIDING OFFICER. The vote disclosing the absence 
of a quorum, the Secretary will call the roll of the Senate. 

The Secretary called the roll, and the following Senators an- 
swered to their names: 

Allen, Frye, McMillan, Squire, 

Bate, Gallinger, McPherson, Stewart. 

BeiTy, George. Mitchell, Stockbrldge, 

Butler, Gibson, Md. MorKau. Teller, 

Call, Gray, Paddock, Turpie, 

Carey, Hausbrough, PelTer, Vilas. 

Chandler, Harris, Perkins, Voorhees, 

Coke, Hawley, Pettigrew. Walthall, 

Daniel, Higgins, Platt, White. 

Dixon. Hill, Power, Wilson. 

Dolph, Hoar, Ransom, 

Dubois, Jones, Ark. Sawyer, 

Faulkner, Kyle, Shoup, 

The PRESIDING OFFICER. Forty-nine Senators having 
answered to their names, a quorum is present. 

EXECUTIVE SESSION. 

Mr. HOAR. I move that the Senate proceed to the consider- 
ation of executive business. 

The PRESIDING OFFICER. It is moved by the Senator 
from Massachusetts that the Senate proceed to the consideration 
of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After five minutes sjient in 
executive session the doors were reopened, and (at .5 o'clock p. 
m.) the Senate adjourned until to-morrow, Tuesday, March 23, 
1892, at 12 o'clock m. 



NOMINATIONS. 
Executive nominations received by the Senate March 21, ISO.?. 
CONSUL. 
Milo A. Jewett, of Massachusetts, to Ise consul of the United 
States at Sivas, vice H. M. .lewett, resigned. 

REGISTERS OF LAND OFFICE. 

De Forest D. Leach, of Oklahoma, Oklahoma, to be register 



226S 



CONGRESSIONAL RECORD— HOUSE. 



Maech 21, 



of the land oflRce at Oklahoma, in the Territory of Oklahoma, 
vice John H. Burford. resigned. 

Samuel L. Ovcrstreet, of Guthrie, Oklahoma Territory, to be 
register of the land office at Gutlirie, in the Territory of Okla- 
homa, vice John I. Dille, resigned. 



CONFIRMATIONS. 

EMrutIrr nominations confirmed by the Senate March SI, 1S9~. 

SOLICITOR-GENEKAL. 

Charles H. Aldrich, of Illinois, to be solicitor-general. 

PROMOTION IN MARINE-HOSPITAL SERVICE. 

Assistant Surg. Julius O^-Cobb, of South Carolina, to be a 
passed assistant surgeon in the Marine Hospital Service of the 
United States. 

POSTMASTERS. 

Edward L. Whittomore, tobe postmaster at Kent, in the county 
of King and State of Washington. 

Andrew E. Elmore, to be pbstmaster at Fort Howard, in the 
county of Brown and State of Wisconsin. 

Joseph W. Cavis. to be postmaster at Stockton, in the county 
of Sun Joaquin and State of California. 

Robert L. Livingston, to be postmaster at Piano, in the county 
of Collin and State of Te.xas. 

Charles D. Kimball, to be postmaster at Mount Vernon, in the 
county of Skagit and State of Washington. 

G Mirge .S. McWilliams. to be postmaster at Oakcsdale, in the 
county of Whitman and Stat? of Washington. 

Jonathan N. I^angham. to be postmaster at Indiana, in the 
county of Indiana and State of Pennsylvania. 

Joseph Hare, to be postmaster at Hill City, in the county of 
Pennington and State of South Dakota. 

George H. Chipman. to Ije postmaster at Childress, in the 
county of Childress and State of Texas. 

Janies J. Perkins, to ba postmaster at Greenville, in thecounty 
of Pitt and State of North Carolina. 

Isaac N. Eveleth. to be postmaster at National Military Home, 
in the county of Montgomery and State of Ohio. 

Henry G.White, to be postmaster at Millersburg. in the county 
of Holmes and State of Ohio. 

ICdwin J. Smith, to be iiostmaster at Whitehall, in the county 
of Muskegon and State of Michigan. 

George Andrus, to be postmaster atChatlield, in the county of 
Fillmore and State of Minnesota. 

Mary F. Ballantine, to be postmaster at Syracuse, in the county 
of (.)toe and State of Nebraska. 

William S. Strong, to be postmaster at Morris, in the county 
of Grundy and State of Illinois. 

Fred W. Edmonds, to be postmaster at Kinsley, in the county 
of Edwards and State of Kansas. 

Laura Goodfellow. to be postmaster at Fort Leavenworth, in 
the county of Leavenworth and State of Kansas. 

Frank A. Battey. tobe postmaster atEnglewood, in thecounty 
of Cook and State of Illinois. 

Hibben S. Corwin, to be postmaster at Peru, in the county of 
Lasalle and State of Illinois. 

Nicholas Morper, to be postmaster at South Evanston. in the 
(«unty of Cook and State' of Illinois. 

CJharles Wood, to be jiostmaster at Sidney, in the county of 
Delaware and State of New York. 



HOUSE OF REPEESEXTATIVES, 

]M0NT>AY, March 21, 1803. 

The House met at 12 o'clock m. Prayer by Rabbi Emil G. 
HiRSCH, of Chicago. 111. 

The Journal of the proceedings of Saturday last was read and 
ajiproved. 

PROTECTION OF LIVES OP MINERS IN THE TERRITORIES. 

The SPEAKER laid before the House a letter from the Act- 
ing Secretary of the Treasury, transmitting an estimate of ap- 
propriation submitted by the' Secretary of the Interior for the 
purpose of carrying into elt'ect the act of March .3, ISill. entitled 
"An act for the" protection of lives of miners in the Territories:'' 
which was referred to the C^ommittee on Appropriations, and 
ordi:red to be printed. 

DISBURSEMENTS FOR AGRICULTURAL COLLEGES. 

The SPEAKER also laid before the House a letter from the 
Acting Secr'etary of the Treasury, submitting a report of the dis- 
bursements whiidi have been made in all the States and Territo- 
ries under the provisions of an act approved August 3titi^i), en 
titled "An act to apply a portion of the proceeds ol 



TWtrr 



lands to the more complete endowment and support of the col- 
leges for the benefit of agriculture and the mechanic' arts, under 
the provisions of an act of Congress approved July 2, 1802;" which 
was referred to the Committee on Education, and ordered to bs 
printed. 

UNIFORMS AND OFFICIAL TITLES OF ARMY OFFICERS. 

The SPEAKER also laid before the House a letter from the 
Secretary of War, transmitting a letter from the Major-Geueral 
commanding the Army, together with a memorial signed by 
many prominent officers of the Army, urging the repeal of sec- 
tion 10, chapter 294, of the act approved July 15. 1870, which sec- 
tion provides that " no officer shall be entitled to wear while on 
duty any uniform other than that of his actual I'ank on account 
of having been breveted; nor shall he be addressed in orders or 
official communications by any title other than that of his actual 
rank;"' which was referred to the Committee on Military Afl'airs, 
and ordered to be printed. 

FRENCH SPOLIATION CLAIMS. 

The SPEAKER also laid before the House a communication 
from the Court of Claims, transmitting a copy of the findings of 
th ; cjurt in the French Spoliation claims arising out of the sei- 
zure of the vessel Snow Lydia, Eleazor Washburn. 7naster: which 
was referred to the Committee on Claims, and ordered to be 
printed. 

FRANK RHODES. 

The SPEAKER also laid before the House a communication 
from the Court of Claims, transmitting a co])y of the findings of 
the court in the case of Frank Rhodes ra. The United States: 
which was referred to the Committee on War Claims, and ordered 
to be printed. 

CHARLES V. NEIDLINGER. 
The SPEAKER also laid before the House a communication 
from the Court of Claims, transmitting a copy of the findings of 
the court in the ca^e of Charles V. Neidlinger '•,<. The United 
States: which was referred to the Committee on War Claims, 
and ordered to be printed. 

F. E. HARDWICK. 

The SPEAKER also laid before the House a communication 
from the Court of Claims, transmitting a copy of the findings of 
the court in the case of F. E. Hardwick iv. TheUnitid States: 
which was referred to the Committee on War Claims, and ordered 
to be printed. 

PORT OF DELIVERY AT DES MOINES, IOWA. 

The SPEAKER also laid before the House the bill (S. 80S) to 
establish a port of delivery at D^s Moines, Iowa. 

Mr. HULL. I a.sk unanimous consent that this bill be acted on 
now. The House Committee on Commerce has unanimously rec- 
ommended the passage of a bill similar to this, with one clause 
stricken out. 

The SPEAKER. The Chair will direct that the bill be read. 

Mr. McMILLIN. I hope thegentlemanrromIowa[Mr. HuLLj 
will allow this bill to lie over and c(nue up later. There is a 
matter which we wish to get b.^fore the House this morning — 
the finishing up of an appropriation bill. 

Mr. HULL. There is no objection to the gentleman's sugges- 
tion: let this matter lie over until to-moi-row. 

The SPEAKER. If there be no objection, the bill will be re- 
tained on the Speaker's table. 

There was no objection. 

SENATE BILLS REFERRED. 

The SPEAKER laid before the House Senate bills of the fol- 
lowing titles: which were severally read a first and second time 
and referred as indicated: 

A bill (S. 214) making appropriation for the improvement of 
the militai-y reservation known as Fort Walla Walla, in the 
State of Washington — to the Committee on Mililary Affairs. 

A bill (S. .390) authorizing' and directing the Secretary of th<' 
Treasury to pay to Prank Rother $225 due him for services as 
route agent — to the Committee on Claims. 

A bill (S. 479) for the relief of Mrs. E. Trask— to the Commit- 
tee on Claims. 

A bill (S. 521) granting to the State of Wyoming certain lands 
in the Fort D. A. Russell military reservaticm for agricultural 
fair and industrial exposition gi-ounds, and for other" purposes — 
to the Committee on Military Affairs. 

A bill (S. 507) for the reliet of Paul McCormick — to the Com- 
mittee on Claims. 

A bill (S. 034) to authorize and direct the Secretai\y of War to 
investigate the claim made for fuel alleged to have been taken 
and used by the United States Army during the war from the 
property in Chattanooga known as "Cameron Hill,'' and to pro- 
vide for the payment thereof— to the Committee on War Claims. 
-^A bill (S. 985) to provide for the enlarg:ement of the military 



1892. 



CONGEESSIONAL RECOED— SENATE. 



2305 



warns. I have canvassed in political campaigns when excite- 
ment filled what we call wigwams, temporary structures for po- 
litical meetings. Certainly, Mr. President, the grave business 
of the United States of America could not bo Iransact.nl in one 
of them with a multitude around shouting pi-aises and peans to 
political favorites as they listen to their voices through the win- 
dows that alone screen them from the outside public. In other 
words, if I am correct, the structure of this building is a neces- 
sity; the form in wliicli it was made is made a necessity by the 
exigencies of government and by the principles of human nature. 
If it carries with it certain deprivations; if it carries with it cer- 
tain trials, if it carries with it certain personal sacrifices, they 
have to bo endured. I do note.xpeet in here, nor could any man 
expect, the sweet air of the prairies to be wafted to our olfacto- 
ries over beds of flowers. We can not expect that. We are not 
in the open air. We are here for a duty, and to my mind this 
building is as well constructed for the discharge of the duties 
intrusted to our hands as is possible. 

A word more asto the ventilation of this building. 1 have been 
in this Capitol many years, in both ends of it, and I have looked 
at the great machinery that gathers vip with a mighty suction 
the outside atmosphere and hurls it in tremendous volumes 
through these hallways, through these chambers, and through 
these galleries, and I can not tor tlie life of me conceive a want 
of air. As I say, it may not be as fr-esh as from a bed of violets, 
but still it is fresh air. 

The best evidence of that is that I have known gentlemen 
here — and gentlemen with no great physical superiority — stand 
upon this floor three and four hours at a time, and resume the next 
day with unimpaired limg vigor. That can not be done where 
there is a poisoned atmosphere. Let any gentleman rise in a hall 
where the atmosphere is poisonous and he will sink down as it 
asphyxiated. Gentlemen will speak with as much ease here as 
in the average building wherever you go to make addresses 
throughout the United States. There is hardly a State from the 
north end of New England to the Gulf of Mexico in which I have 
not addressed the people, and I have found as little difficulty in 
speaking with readiness and with a reasonable amount of voice 
in this building as anywhere else in the world. 

Mr. President, we are prone to pessimistic views. Overwork, 
tired, late hours, resulting in a headache and disordered stom- 
ach, dizzy and weary, we look around for some object to vent 
our spleen upon, and commence abusing this beautiful Hall in 
which we stand. I have had my periods of ill health as well as 
others; I am thankful to my Father in heaven that I feel that I 
am improving- day by day, but at the worst and lowest ebb I 
never thought that I was killed because I breathed the air of 
the Senate of the United States. 

I would not have risen at all, Mr. President, but that I have 
a kind and tender affection for the memory of Thomas U. Wal- 
ter and his family, and whateverfaults there may be here, I think 
they are but light and rest lightly on his grave. They should 
not rest there at all. 

I desire the adoption of the resolution of the Senator from 
South Carolina. Let sanitai'y engineering go on hei-e — that is 
the proper word in connection with examining the ventilation of 
the building — let sanitary engineers go to work here and see what 
is necessary, if anything is necessary. Sanitary engineering is 
an old science. It antedates the Christian era a thousand years 
and goes back to the architecture of Rome; it examined cellars 
and foundations there, and it is well known to experienced archi- 
tects. Let that be done under the resolution of the Senator from 
South Carolina, and we sliall all be benefited by the knowledge 
which will be obtained. This much I felt I ought to say. 

Mr. BUTLER. One moment. I shall not take up any time 
of the Senate, Mr. President, but ray distinguished friend from 
Indiana has certainly set up a man of straw to knock him down it 
he referred to anything that fell from me. because I have not 
made the slightest reflection upon the architects of the Capitol, 
past or present. 

Mr. VOORHEES. No, you have not. 

Mr. BUTLER. I have always had great admiration for the 
character of this building, but I can hear on all sides, almost 
every day of my lite, from Senators and employes of this body that 
there is some defect in the ventilation. What that is I confess 
I do not kno^v. 

As I said before, I have made no reflections upon the present Ar- 
chitect of the Capitol, but it certainly is entirely competent for 
the Senate of the United States, where millions and millions — I do 
notbelieve lexaggerate when I say millions and millions of dol- 
lars have been expended in the construction of additions to this 
Capitol — to have that matter investigated and improved upon, if 
possible. The Senator from Kentucky [Mr. BlackbuRn] says that 
we have in the terrace lovely, charming, beautiful rooms. I trust 
that the architects will so report; nobody will be more gratified 
than myself if that be true; but he will excuse me for saying that 



I think perhaps I might venture to compare my judgment with 
his as to what constitutes an attractive and habitable room, and I 
am quite sui-e that a vi-ry large ni.*nbcrof tluse rooms are unin- 
habitable, and I do not think as at present constructed thejMvill 
ever be habitable either for hunum beings or for storage pur- 
po-?es. I do not believe that a frog lould live in some of them in 
their present condition. A great deal of money has been spent 
there. I simply want these architects and exi)erts to go ynd ex- 
amine and report to tiie Senate upon the condition of tlic com- 
mittee rooms in the terrace, and ujioii tli" condition of the tun- 
nel through which the air is jiumped into this Chamb n-. and let 
them say whether its condition can be improved or not. It it 
can be, I think it is the duty of the Senate to have that improve- 
ment made. If it can not be. I sup])Ose lean endure tlie defec- 
tive ventilation as well as anj- Senator here; but I made no re- 
flection upon anybody and did not intend to make any. 

The VICE-PRKSIDENT. The motion made by the Senator 
from Kentucky [Mr. Bl.^ckburn] to refer the resolution to the 
Committee on Rules will be considered as agreed to if there be 
no objection. 

Mr. BUTLER. I hope that will not be done. 

Mr. BLACKBURN. As the Committee on Rules is charged 
with the custody of this wing of the Capitol building, I can not 
for my life see why this resolution should not go to that commit- 
tee for consideration. If every Senator is going to exeri'ise his 
pleasure and get up hero every morning and otter resohitions 
imposing investigations and inquiries looking to improvements 
that are exclusively within the hands of that committee without 
its being allowed or furnished an o])portunity to pass upon the 
question, there is no end to the trouble. 

I have no objection to the adoption of the resolution of the 
Senator from South Carolina; I do not think there is anything 
in it; I think it is another scare like many that we have had be- 
fore it: means nothing, and nothing will come of it in my judg- 
ment; but you have a committee of this Chamber chargcdvvith 
the custody and conduct of the business that pertains to this wing 
cf the Capitol. Now-, if the Senator wants anything done in that 
direction, I fail to understand why ho objects to the committee 
that is charged with this duty having an opportunity to pass 
upon it. 

Mr. BUTLER. If the Senator will pardon me for saying, not 
as usual, but certainly this morning — if he will excusc'me for a 
little slang — I think he has gone off on halfcock entirely. 

Mr. BLACKBURN. I do not need to say it of the Senator 
from South Carolina, because the Senate reads that in his resohi- 
tion. 

Mr. BUTLER. The Senator certainly has not considered what 
has been done. The resolution as originally drafted referi'cd the 
matter to the Committee on Rules, but I yielded to the sugges- 
tion of the Senator from Missouri [Mr. Ve.stJ to send it to the 
Committee on Public Buildings and Grounds, so that what the 
Senator from Kentucky says about resolutions being introduced 
every morning has no application to me. 

Mr. BLACKBURN. Except as to this morning. 

Mr. BUTLER. The Senator is off again. Yesterday morning 
I introduced a resolution. I do not generally burden the Senate 
with many resolutions, but this seemed an important matter, 
and I can see no earthly reason for its going to the Committee on 
Rules. The Senate can judge of the advisability of passing the 
resolution or not. If they do not choose to pass it, let them vote 
it down. If it goes to the Committee on Rules, the chances are 
it will be pigeon-holed. 

Mr. BLACKBURN. I should be glad if the Senator from 
South Carolina would make good the imputation he has ])ut 
upon that committee by referring to a single resolution in all the 
history of this Senate Chamber wherein the Committee on Rules 
has pigeon-lioled anything. 

Mr. BUTLER. Perhaps they want to establish a precedent 
in this resolution, Mr. President. 

Mr. BLACKBURN. Mr. President, it there was an excuse 
for the establishment of a precedent. I think it would be found 
in this very resolution that the Senator offers. 

I have no objection to any investigation or any inquiry, but I 
do insist that it should be conducted orderly and with due defei'- 
ence and respect to this Chamber and its organization; and for 
that reason I moved to i-efer what to my mind is a very trivial 
suggestion of an inquiry that has wasted more time of the Sen- 
ate than the results would ever warrant to the Committee on 
Rules, where the resolution projierly belongs. 

Ml'. VEST. 'Mv. President, as I am responsible for the change 
in the resolution of the Senator from South Carolina. I want to 
state very fi'ankly why I made the suggestion. It is not a mat- 
ter of life or death or of great parliamentary importance, but 
still it is well enough to understand exactly what we are doing 
about this matter. 1 have always thought the jurisdicticm of the 
Committee on Rules extended to the management of the Senate 



XXIII- 



-145 



2306 



CONGRESSIONAL BEOORD— SENATE. 



Maiich 22, 



wing of the Cajjitol, and the jurisdiction of the Committee on 
PuWic Buildings and Grounds went to a change, if any was 
necessary, in the structure of tlie building. The Committee on 
Rules certainly has not jurisdiction of public buildings and 
grounds. If it has, then wo have one committee too many and 
the Committee on Public Buildings and Grounds ought to bo 
struck from the roll of committees. In the absence of the 
chairman of that committee, I made this suggestion. This is a 
question as to changing or as to examining into the structure of 
the building to find what defects it has, if any. It is not a ques- 
tion of rules governing the Senate. Therefore, I think the sug- 
gestion was pertinent and proper that the change should be made. 
It is immaterial to me, but in the absence of the chairman of the 
Committee on Public Buildings and Grounds I felt it my duty to 
make that sugg'estion. 

The VICE-PRESIDENT. The question is on the motion of 
the Senatoi' from Kentucky that the resolution as modified be 
referred to the Committee on Rules [putting the question]. The 
Chair is unable to decide. 

Mr. HAWLEY. Mr. President, I think the motion is not un- 
derstood. 

The VICE-PRESIDENT. The motion made by the Senator 
from Kentucky is to refer the resolution as modified to the Com- 
mittee on Rules. The Chair will put the question again. 

The motion was not agreed to. 

The VICE-PRESIDENT. The question now is on agreeing to 
^the resolution as modified. 

je resolution as modified was agreed to. 

AND GEORGETOWN EAILKOAD COMPANY. 



Is there further morning business? 
and the Calendar under Rule VIII is 



NGTON 

The VIC"^RESIDENT. 
If not, tliat order is closed 
in order. 

Mr. McMillan. I ask unanimous consent to take up Order 
of Business 295, Senate bill 2015, to amend the act incorporating 
the Washington and Georgetown Railroad Company. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

Tlie bill was reported from the Committee on the District of 
Columbia with amendments. 

The first amendment was to insert at the end of the bill the 
following proviso: 

Provided. That the termiual points hereby authorized shall be loiateJ, 
umler the directiou of the Commissioners of the District ol' Columbia, so as 
not to Interfere -n-lth aecess to the said Aaueduet bridge. 

So as to read: 

Tliat the Washington and Georgetown Railroad Company is hereby author- 
ized and requli-ed to change Its traclis as follows : Commencing at M and 
High streets, in the city of Georgetown; thence west along M street to the 
Aqueduct bridge: Fi-ohlded. That the terminal points hereby authorized 
shall be located, under the direction of the Commissioners of the District of 
Columbia, so as not to interfere mth access to the said Aqueduct bridge. 

The amendment was agreed to. 

The next amendment was, to add the following as a now sec- 
tion: 

Sec. 2. That the changes liereby authorized and roqiUred shall be made, 
and cars shall be operated on the extension of the line, by December 1, 1K93: 
and dm-ing the laying of said tracks the amoimt of street to be opened at 
any one tmie, and the closing of any cross streets, shall be subject to the or- 
ders of the Commissioners of the District of Columbia. Any damages to or 
changes in any undergi'oimd conduits, made necessary by reason of the con- 
struction of the road, shall be made at the expense of the Washington and 
Georgetown Railroad Company. 

Tlie amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

ai:.,Tho bill was ordered to be engrossed for a third reading, read 
ird time, and passed. 

BRIDGE ACROSS ROCK CREEK. 

Mr. MclSlILLAN. Mr. President, in the same connection I 
should like to call up Calendar No. 285, Senate bill 2045. It is a 
short bill and relates to the same road. 

The VICE-PRESIDENT. The title of the bill will be read. 

The Secretary. A bill (S. 2045) to provide for the rebuild- 
ing of the bridge across Rock Creek at M sti'eet northwest in tlie 
District of Columbia. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the biUy 

By unanimous consent the Senate, as in Committee of the Whole , 
proceeded to consider the bill. 

The bill was reported from the Committee on the District of 
Columbia with an amendment, in section 1, line C, after the word 
"rebuilt,'' to insert " of stone or iron;" so as to make the section 
read: 

That the Commissioners of t he District of Columbia be. and they are hereby, 
authorized and directed to cause the l>ridge across Rock Creek, at M street, 
in the District of Columliia, to be rebuilt of stone or u'oumsuch manner that 
the bridge shall be substantially a part of the street as to width, paving, and 
sidcwalksi and the stim of ?40.uOO is hereby appropriated, out of any money 



in the Treasury not otherwise appropriated, which said sum shall be avail- 
able immediately upon the passage of this act, for the rebuilding of said 
bridge and such contingencies as the Commissioners of the District of Co- 
lumbia shall deem neces.sary; Provided, That one-half of the expense In- 
curred under this act shall be charged to the Washmgtou and Georgetown 
Railroad Company and collected from said company in the same manner as 
the cost of laying down iiavemeuts. sewers, and other works, or reijairing the 
same, lying between the exterior rails of the tracks of street railways, and 
for a distance of ;2 feeti from and exterior to such track or tracks on each side 
thereof, are collectible under the i)ro\isions of section .5 of the act entitled 
"An act providing a permanent form of government for the District of Co- 
lumbia, ai^proved Jtme 11. 1878." 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was coneuri'ed in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 
OLD CUSTOM-HOUSE AND POST-OFFICE IN WILMINGTON, DEL. 

Mr. HIGGINS. I ask unanimous consent for the present con- 
sideration of Calendar No. 423, Senate bOi 2498, to authorize the 
sale of the old custom-house and post-office in Wilmington, Del. 
It is a short bill. 

Mr. PERKINS. I hope the Senator from Delaware will ])er- 
mit us to finish the bill that we had almost completed yesterday 
and that stands first in order this morning. I think we can dis- 
pose of that in a minute. 

Mr. HIGGINS. This will not take long. 

Mr. PERKINS. But there may be others who will be asking 
for the same privilege. 

Mr. HIGGINS. rho])c the Senator will allow the bill I have 
referred to be considered. 

Mr. PERKINS. Very well; I yield to the Senator from Dela- 
ware, and afterwards I will yield to the Senator from Indiana 
[Mr. VOORHEES]. 

By unanimous consent, the bill (S.3498) to authorize the sale of 
the old custom-liouse and post-office in Wilmington, Del., was 
considered as in Committee of the Whole. 

' The bill was re])orted from the Committee on Public Buildings 
and Grounds with an amendment, in line (3, after the words 
"States in,'' to strike out "said city '' and in.sert "the city of 
Wilmington, Del.;" so as to make the bill read: 

lif it enacted, etc.. That the Secretary of the Treasury be, and he is hereby, 
authorized, whenever in his judgment the public interest will admit, to sell 
and convey the present properly of the United States In the city of WU- 
mington, Del., now occupied as a public building, with the site thereof, and 
to apply the net proceeds of said sale to the erection ol the new public bulla 
mg now in course of erection on land on Ninth street and between Shlpb ,. 
street and Orange street, in said city, in addition to the limit of cost hent- 
fore fixed for said site and bulldtng. subject to the right of the United Stale, 
Government to o{:cupv the same, at a reasonable rental, not exceeding 6 pi r 
cent npon the sum for which the same is sold, until the completion of s;u i 
new building, after lirst deducting the expenses of said sale and the amouui 
of such rent, which is hereby authorized to be paid out of any moneys In the 
Treasm'y not othervrtse appropriated. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third i-eading, read 
the third time, and passed. 

THOMAS COOPER. 

Mr. PERKINS. I now yield to the Senator from Indiana. 

Mr. VOORHEES. I am obliged to the Senator from Kansas 
for his courtesy. I ask the Senate to consider Order of Business 
422. I will simply say that it is a pension for a very old man, 
who is in a state of destitution or I would not interfere with the 
order of business. 

By unanimous consent the Senate, as in Committee of the 
Whole, proceeded to consider the bill (S. 32:!) granting a pension 
to Thomas Cooper. It proposes to place on the pension roll the 
name of Thomas Cooper. 

The bill was reported to the Senate without amendincnt, 
ordered to be engrossed for a third reading, read the third time, 
and passed. 

WEST VIRGINIA DIRECT TAX. 

Mr. FAULKNER. As the tmfinished business which will 
come up at 2 o'clock is the du-ect tax joint resolution (S. R. 9), 
and as the Senator from Vermont [Mr. MORRiLL) is stiU too un- 
well to attend the Senate, I will ask unanimous consent that it 
be fixed as the unfinished business for Tuesdtiy next at 2 o'clock. 
By that time we are in hopes that he will be able to attend the 
Senate. 

The VICE-PRESIDENT. The title will be stated. 

The Chief Clerk. A joint resolution (S. R. 9) to direct the 
Secretary of the Treasury to pay to the governor of the State of 
West Virginia the sum tippropriated by the act of Congress en- 
titled "An act to credit and pay to the several States and Terri- 
tories and the District of Columbia all moneys collected under 
the direct tax levied by the act of Congi-ess approved August 5, 
18(il." 



1892. 



CONGEESSIONAL EECOED— SENATE. 



2309 



propriated, to enable the Secretary of the Interior to purchase certain lands 
and improvements for the use and benefit of said Mission Indians, as ap- 
proved by said Secretary and the I*resident, and to be applied to such pur- 
poses In accordance -vvith the said report of said Mission Indian Commission- 
ers as the same has been approved by the President. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

The preamble was agreed to. 

SETTLERS ON PDBI^IC LANDS. 

The PRESIDING OFFICER. The hour of 2 o'clock having 
arrived, the Chair lays before the Senate the imfinished busi- 
ness, which is Senate bill 622. 

The Senate resumed the consideration of the bill (S. 622) to 
amend an act entitled "An act for the relief of certain settlers on 
the public lands, and to provide for the repayment of certain 
fees, purchase money, and commissions paid on void entries of 
public lands."' 

The PRESIDING OFFICER. The question is on the passage 
of the bill, on which the yeas and nays have been ordered. Is 
the Senate ready for the question? 

Mr. HAWLEY. Mr. President, I voted against the bill yes- 
terday beeausel hadnotreceivedsufficientinformationin regard 
to it. We bad very little information concerning the sum that 
would possibly be required to discharge the obligation referred 
to. One estimate of the General Land Office was, I think, $260.- 
000. A subsequent estimate, just received to-day, says it may be 
a million and a half. The judgment of those who know best about 
it is that perhaps it will take a million; a million and a half will 
hardly bo reached. I still have some hesitation about voting for 
this bUl, but the equity of the purpose it seeks to attain it seems 
to me is unquestionable, and I shall make no further opposition 
to it. 

The Secretary proceeded to call the roll. 

Mr. BATE (when his name was called). I am paired with the 
Senator from Washington [.Mr. AllenJ. If he were present I 
should vote ''nay." 

Mr. FAULKNER (when his name was called). I am paired 
with the junior Senator from Pennsylvania [Mr. Quay]. 

Ml'. GIBSON of Maryland (when "his name was called). I am 
])airod with the senior Senator from Michigan [Mr. Stock- 
bridge]. If ho were present I should vote " nay."" 

The PRESIDING OFFICER (Mr. Harris in the chair, when 
his name was called). I am paired with the Senator from Ver- 
mont [Mr. Morrill]. 

Mr. TELLER (when his name was called). I am paired with 
the junior Senator from Te.xas [Mr. Chilton]. If he were pres- 
ent I should vote "yea."' 

Mr. VOORHEES (when his name was called). On this ques- 
tion I am paired with the Senator from Nevada [Mr. Stewart]. 
If he were here I should vote "nay.'' 

Mr. WARREN (when his name was called). I am paired with 
the .Senator from Georgia [Mr. GORDON]. 

Mr. WHITE (when his name was called). I am paired with 
the Senator from Montana [Mr. Power], If he were present I 
should vote ''nay.'' 

Mr. WOLCOTT (when his name was called). I am paired 
with the Senator from West Virginia [Mr. Kenna], but I trans- 
fer that pair to the Senator from California [Mr. Stanford] 
and will vote '' yea." 

The roll call was concluded. 

Mr. Mcpherson. I am toUl by senators about me that the 
Senator from Delaware [ilr. HiGGINs] with whom I am paired 
would vote the same as I do upon this question, and I therefore 
vote "nay.'' 

Mr. BLACKBURN. I inquire whether the Senator from Ne- 
braska [Mr. Manderson] has voted'? 

The PRESIDING OFFICER. He is not recorded. 

Mr. PADDOCK. The Senator from Nebraska [Mr. Mander- 
son] has not voted. He is confined to his house by illness. 

Mr. BLACKBURN. I am paired with that Senator. Were he 
present I should vote "nay.'' 

Mr. GIBSON of Louisiana (after having voted in the nega- 
tive). I inquire if the Senator from Minnesota [Mr. W.\SH- 
BURN) has voted'? 

The PRESIDING OFFICER. He has not voted. 

Mr. GIBSON of Louisiana. Then I withdraw my vote. I am 
paired with that Senator. 

Mr. SHERMAN. I inquire if the Senator from Kentucky [Mr. 
Carlisle] has voted'? 

The PRESIDING OFFICER. He has not voted. 

Mr. SHERMAN. I will not vote, then, as I am paired with 
that Senator. 

The PRESIDING OFFICER. If the Senator chooses to trans- 



fer his pair, the jn-esent occupant of the chair will transfer his 
pair with the Senator from Vermont [Mr. Morrill] to the Sen- 
ator from Kentucky [Mr. Carlisle], and that will enable the 
Senator from Ohio and the occupant of the chair to vote. 

Mr. SHERMAN. I do not know how the Senator from Ken- 
tucky would vote, and under the circumstances I prefer not to 
vote. 

Mr. DANIEL, I inquire whether the Senator from Washing- 
ton [Mr, Squire] has voted. 

The PRESI DING OFFICER. He is not recorded. 

Mr. DANIEL. Then I withhold my vote, as I am jiaired with 
him. 

Mr. FELTON. I am jjaired with the Senator from Qhio 
[Mr. Brice], who is not present. If he were here, I should vote 
" yea,'' 

Mr. CAREY. I am paired with the .Senator from .South Caro- 
lina [Mr. Irby] on political questions. This seems to be a politi- 
cal question. I now transfer thatiuiir to the Senator from North 
Dakota [Mr. Casey], and that will release the Senator from Flor- 
ida [.Mr. Pasco] and enable him to vote. 1 vote "yea." 

Mr. PASCO. Under that arrangement of transfer of pairs I 
vote "nay.'' 

The result was announced — yeas 24, navs 22: as follows: 



YEAS— 24. 



Allison. 

Carey. 

Ch.andler. 

Davis, 

Dixijii. 

IJolph. 



Barboiu', 

Berry, 

Blodgett, 

Call, 

Cockrell, 

Coke, 



Aldrich, 

Allen, 

Bale, 

Blackburn. 

Brice. 

Butler, 

Cameron, 

Carlisle, 

Casey, 

Chilton, 

Cullom, 



■< 

O 

•3 



03 
CO 

•— 

o 

03 
CO 



Dubois. 

Prye. 

(i allinger. 

Hausbrough. 

Hiscock. 

Hoar. 



Colquitt, 

Georee, 

Hale. 

.Tones, Ark. 

Kyle, 

McPherson, 



McMillan, 

Mitchell, 

Paddock, 

Perkins. 

Petligrew, 

Piatt, 

NAYS— 22. 
Morgan, 
Palmer, 
Pasco, 
Pugh, 
Ransom, 
Turpie, 

NOT VOTING— 42. 



Daniel, 

Dawes. 

Faulkner. 

Felton. 

ttibson. La. 

Gibson. Md. 

Gordon, 

tiorman. 

Gray. 

Harris, 

Hawley, 



Higgins. 

Hill, 

Irby. 

Jones. Nev. 

Kenna. 

Manderson, 

Morrill, 

Peffer. 

Power, 

Quay, 

Sanders, 



Proctor, 

.Sawj-er, 

Shoup, 

Stockbridge, 

Wilson, 

Wolcott. 



Vance, 
Vest, 
Vil.as, 
Walthall. 



.Sherman. 

Squire, 

.Standford; 

Stewart, 

Teller, 

Voorhees, 

Warren, 

Washburn, 

White. 



So the bill was passed. 



ORDER OF BUSINESS. 

Mr, DAWES, t move tliat the Senate proceed to the consid- 
eration of the Indian appropriation bill. 

Mr, DOLPH. Mr, President, I hope the Senator from Mas- 
sachusetts will let the special orders fixed for to-day be taken 
up. The ti.xing of the time for the consideration of those bills 
was delayed a long while on account of the nec.jssary absence 
of the senior Senator from Louisiana [Mr. Gibson], who is now 
here, and they have been lixed for a hearing this afternoon and 
everybody is ready. The bills that are fixed as special orders 
for to-day were all carefully considered, after hearing witnesses, 
by the Committee on Commerce, and arc unanimously i-eported, 
I do not think they will lead to any discussion. I think all of 
them may bo disposed of in half an hour or an hour. I beg the 
Senator from Massachusetts to let them come up and ba acted on. 

Mr. DAWES. I will not object to their coming up if they do 
not cause any debate. 

Mr. DOLPH, Let them be taken up with that understanding. 

Mr. DAWES. If the Senator will withdraw the bills in ease 
they cause debate, I shall not object. 

Mr. DOLPH. I would not say it anybody asked for an ex- 
planation that the bills might not be explained, but if they bring 
about any extended discussion, I shall not ask the Si^nator from 
Massachusetts to yield. 

Mr. DAWES, "it is very evident that the appropriations bill 
should be considered. 

Mr. GIBSON of Louisiana. I can say to the Senator from 
Massachusetts that these bills have been very fully discussed in 
committee, and I do not believe that they w'ill lead to any dis- 
cussion whatever on the floor of the S^jnate, 

The PRESIDING OFFICER, Does the Senator from Massa- 
chusetts withdraw his motion':' 

Mr. DAWES, I will withdraw the motion for half an hour. 

Mr. DOLPH. I will state also that the chairman of tlie Com- 
mittee on Commerce [Mr. Frye] has suggested that the bills 
ought to receive early consideration in order to go to the House 
of Representatives before the House acts on the river and harbor 
bill. 



2310 



CONGRESSIONAL RECORD— SENATE. 



March 22, 



THE MISSISSIPPI RIVER IMPROVEMENT. 

The PRESIDING OFFICER. Tlie title of the first special 
order will be stated. 

The bill (S. 21G9) to improve the navigation and to afford ease 
and safety to the trade and commerce ol the Mississippi River, 
and to lire vent destructive floods, with an ajipi'opriation therefor, 
was announced as the iirst special order, and the Senate, as in 
Committee of the Whole, proceeded to consider it. 

The bill was reported from the Committee on Commerce with 
amendments. 

The first amendment was, in section 1, line 3, before the woi'd 
"dollars," to strike out "sixteen millions of '' and in.sert "fifteen 
million;" so as to read: 

That the sum of $I5,(XI0.000 be. and the same is hereby, ai^propriatefl. out ot 
any money hi the Trea.sui-y not otherwise appropriated, tor the improvement 
of the Missis.sippi River. 

The amendment was agreed to. 

The next amendment was, in section 1, line 6, before the word 
" dollars,'' to strike out " millions of" and insert " million:" so 
as to read: 

Whereof $10,000,000, or so much thereof a.s may be necessary, sliall be ex- 
pended, under the direction of the Secretary of War. in accordance with such 
plans, specifications, and recommendations of the Mississipj>i River Commis- 
sion as may be approred by the Chief of Engineers of the United States Army. 

The amendment was agreed to. 

The next amendment was, in section 1, line 11, after the word 
"Army,'' to strike out " to build, repair, and extend the levees 
and dikes and other works on the Mi.ssissippi River" and insert 
"for the general improvement of the river, for the building of 
levees, and for surveys;" so as to read: 

As may be approved by the Chief of Engineers of the United States Army 
tor the general improvement ot the river, tor the building ot levees, and for 
f^urveys, from the head of the passes, near its mouth, to the mouth of the 
Ohio River, and for the payment of the exjienses and salaries of the Missis- 
sippi liiver Commission. 

The amendment was agreed to. 

The next amendment was, in section 1, line IS, before the word 
" million," to strike out " three " and insert "two;" and after the 
word "million," to strike out " three hundred and thirty-three 
thousand;"' so as to make the proviso read: 

IVui-klcd, That not more than $2,000,000 sliall be expended during any one 
year. 

The amendment was agreed to. 

The next amendment was, in section 1, line 19, after the word 
"year," to strike out the additional iiroviso, in the following 
words: 

Am! promded further. That the amount herein appropriated shall be ex- 
pended for the i5urposes indicated only soloug asthe riparian States and the 
lofil authorities therein shall continue the taxation and contributions for 
levie improvement on the Mississippi River now provided tor and made un- 
der the laws of said .states; and no part of this appropriation shall be used 
tor the purchase ot sites for levees or the payment ot alleged damages from 
the construction of the same. 

The amendment was agreed to. 

Tlie next amendment was, in section 2, line 2, before the word 
"dollars," to strike out "sixteen millionsof " and insert " fifteen 
million;" and in line 4, before the word " dollars," to strike out 
" six millionsof " and insert " five million;" so as to read: 

That out of the aforesaid sum of $15,000,000 herein appropriated for the im- 
provement of the Mississippi River 85.000,000, or so much thereof as may bo 
necessary, shall be expended under the direction of the Secretary of War in 
accordance with such plans, specifications, and recommendations as may be 
approved by the Chief of Engineers of the United .States Army, to complete 
the improvement of the Mississippi River from the mouth of the Ohio to the 
mouth of tlie Illinois River. 

The amendment was agreed to. 

Tire next amendment was, in section 2, line 11, before the word 
" dollars,'' to strike out " two millions of '' and insert "one mil- 
lion;" so as to make the proviso read: 

Provided. That not more than $1,000,000 shall be expended during any one 
year. 

The amendmentwas agreed to. 

The PRESIDING OFFICER. The bill is in Committee of the 
■Whole and open to amendment. 

Mr. TELLER. I wish to inquire if there is a report with the 
bill. 

The PRESIDING OFFICER. There is no printed report. 

I\Ir. TELLER. I should like to have the chairman of the com- 
mittee or whoever reported the bill give us some little informa- 
tion on the subject. The bill itself does not contain a great deal. 

Mr. FRYE. The bill was reported by the Senator from Louisi- 
ana [Mr. Gibson]. The Senator from'Colorado desires some in- 
formation touching the bill from the Senator who reported it. 

Mr. GIBSON of Louisiana. Mr. President, under the arrange- 
ment with the Senator from Massachusetts [Mr. Dawes] there 
is very brief time allowed for the consideration of this bill, but 
I will state to the Senate that the bill appropriates $2,000,000 for 
the Lower Mississippi and $1,000,000 from Cairo to the mouth of 
the Illinois River; and under the amenduieut to be offered by 



the Senator from Iowa [Mr. Allison] $750,000 from the Illinois 
River up to St. Paul, to be expended annually for five years. 

The plan of the improvement of the river has been thoroughly 
examined by the members of the Committee on Commerce, and 
has at several ssssions of Congress been approved by tlie Con- 
gress of the United States. The plan for the improvement of 
the Lower Mississippi River is that which was adopted by Eads 
at the mouth of the river. It was ascertained by the engineers 
that there were six great reaches or stretches of 'sand filling the 
Lower Mississippi River at certain intervals 2.50 or 300 miles apart. 
These great reaches of sand were from 28 to .30 miles in length 
each. They were caused by the deposits of sand coming down 
from the affluents of the Mississipi^i River into this great trunk 
line from Cairo to the sea, one of which was located at the mouth 
of the river where the current came in contact with the tide ot 
the gulf. 

The plan adopted by the Commission which was organized in 
1879 was, as I said a moment ago, at these reaches where the 
river is generally 10,000 feet wide, while its normal width is only 
3,000 feet wide, to insert false banks along through these wide 
and shallow lakes by a system of jetties, which find a place there 
on these sand bars when the river is low. Then when the river 
rises and overflows it forms a compact mass in rear of them and 
they become ultimately embankments for the river so as to hold 
the water in these narrow channels, the effect of which is to 
scour them out and to give deep water. 

In order to secure the greatest velocity of the river they place 
levees or dikes or jetties, as you may call them, on the banks of 
the river so as to hold the river in its channel in the flood state 
and thus to acquire the necessary force to carry the sediment, 
the sand, the detritus that comes into this trunk line, which is 
1,100 miles long and into which empty forty-three great rivers, 
embracing navigation for 16,000 miles', draining the valley from 
the Allegheny to the Rocky Mountains, to the Gulf of Mexico. 
You can imag-ine what a vast quantity of sand comes into this 
trunk line from all the moimtain slopes, livery village, every 
Iilow furrow, every cultivated field, tends to bring in more and 
more of this vast quantity of sand into this great trunk line from 
Cairo to the mouth. 

These sand bars were formed on account of the deposits made 
in them by the slackening of thecurrentof the river by crevasses 
and the plan of the engineer is, as I said, to confine the volume 
of water to a narrow channel so that it may getthe benefit of the 
velocitj' to scour it out. That is the whole plan which was 
adopted by Mr. Eads at the mouth of the I'iver. There we had 
a sand bar in one of the mouths of the Mississippi River where 
there were only 8 feet of water. I myself made a survey of the 
mouth of the river in 1861 and can testify to the fact, and now 
by narrowing the channel of the river at this point a minimum 
depth of 28 feet has been obtained and preserved year after 
year 

Mr. DOLPH. May I interrupt the Senator a moment'? 

Mr. GIBSON of Louisiana. Certainly. 

IMr. DOLPH. Is there any change proposed in the plan? 
There is no change in the plan'? 

Mr. GIBSON of Louisiana. There is no change in the world 
in the plan. 

Mr. DOLPH. There is none at all. This bill simply makes 
an appropriation . 

Mr. GIBSON of Louisiana. This same plan has been applied 
at Plum Point Reach and Lake Providence Reach where there 
were only 3 and 4 feet of water in the autumn, when it is neces- 
sary to move the grain crops of the Northwest, and we have now 
in those two reaches 12 feet of water. The depth of water has 
been more than doubled. 

This plan is not peculiar to the Mississippi River. It has been 
adojitcd on all other rivers. I hold in my hand the report of our 
consul at Frankfort. He shows that the German Government 
have expended $40,000,000 on the Rhine, under the Rhine com- 
mission for a space of only 300 miles, and that the depth of water 
in that river at shoal i^laces has been more than doubled; that 
vast areas of country have been brought into cultivation and are 
now smiling with tillage which were given in the last century 
over to the waste of waters: and the Rhine has become a great, 
deep, and navigable ris'er. The Victorian embankment in Lon- 
don was built on the same theory, and it is one of the memorials 
of the Victorian age, not only giving a great highway along 
through the city of London, but has deepened the Thames and 
greatly accelera'ted the velocity and force of its current. The 
same plan was adopted on the'Clydo in Scotland, which was a 
narrow stream with a languid current and shoal dejith. It has 
become now the seat of the greatest dockyards in the world. 

Not only are these principles correct in theory, but we have 
had actual and practical development of their truth. What is 
the theory and principle'? It rests entirely upon the doctrine of 
gravity. What gives velocity? A fall from ahigher to a lower 



1892. 



CONGRESSIONAL EECORD— SENATE. 



2315 



rivers (which they have designated by breaking their surveys 
on the banks of those rivers into fractions, leaving the owner- 
Bhip of the bottom in the States) to the purposes of navigation— 
not to fisheries or anything of that kind but for the purposes of 
navigation— and then we find in the Constitution of the United 
States the plain and indisputable power of the Government of 
the United States to protect and preserve and maintain naviga- 
tion. Uniting these powers together, I have no difficulty about 
the case in my own mind. 

So I am free to vote for the digging out of any river whore 
policy indicates that it is proper to do so, and if I find the two 
governments, the State government and the United States Gov- 
ernment, have united in the dedication of that stream to the pur- 
pose of navigation, and that it is reasonably profitable to the 
country that it should be dug out, I shall vote you all the money 
that is needed when our people can bear the taxation that i.^ 
necessary to raise it. 

Mr. Chandler rose. 

Mr. DAWES. It is perfectly evident from the Ime of debate 
here that it is impossible for the Senate to consider this meas- 
ure and the Indian appropriation bill to-day. I do not desire to 
crowd in the Indian appropriation hill. I should like very much 
to dispose of it, it is important that it should ba disposed of, but 
if the Senate thinks on the whole that it had better dispose of 
this measure to-day I shall not try to crowd the Indian appro- 
priation bill in. But if the Senate is disposed to consider the 
Indian appropriation bill it had better be taken up now, for the 
debate upon this measure indicates a wide field upon which tlicrc 
will be a great deal of time expended. Therefore, unless Sen- 
ators can indicate that they will close the debate very soon, I 
shall leave it to the Senate to determine which of the measures 
it will disjjose of to-day by moving to take up the Indian appro- 
l^riatioii bill. 

Mr. GIBSON of Louisiana. I do not know what is the dispo- 
sition of the Senate, but I assume that there will be no further 
debate on this bill. It has already been thoroughly and fully 
discussed. 

Mr. DAWES. I do not desire to crowd oil the bill, but it is 
apparent that one or the other of these measures must give way, 
and I leave it to the Senate. 

Mr. CULLOM. May I suggest to the Senator from Massachu- 
setts, the chairman of the Committee on Indian Affairs, that he 
wait for half an hour and see whether this bill does not get out 
of the way? I am inclined to think itwill be disposed of in that 
time. If so, it had probably better be finished now that it is be- 
fore the Senate. 

;Mr. DAWES. I imderstand the interest the Senate has in this 
measure, though it ought to understand also the interest it has 
in the appropriation bill. I will wait for half an hour. 

Mr. CH ANDLEl^. Mr. President, I do not desire to detain 
the Senate more than a few moments in connection with this bill. 
I had the honor of serving in the Fiftieth Congress upon the 
Senate Committee on the Slississippi River, and I participated 
in a pretty cai-eful investigation which was made concerning cer- 
tain points of dispute which had arisen. I had no difficulty in 
reaching two conclusions. The first was that the work of the 
Mississippi River Commission, carried on by the officers of the 
War Department, was wisely conceived. Attempts were made 
to disparage and to destroy the theories and the plans upon which 
the Mississippi River Commission proposed the improvement of 
that river. Those attempts, in my judgment, have been unsuc- 
cessful, and so far as the money of the United States is hereafter 
to be expended upon the improvement of the Mississippi River 
for the purpose of constructing levees or for the purpose of im- 
proving the navigation, or for both purposes taken together, 
there can be no better plan of making those expenditures than 
that which is provided by existing law. 

The Senator from Alabama [Mr. Morgan] I think did injus- 
tice to the officers of the War Department in the remarks which 
he made. Certainly he is mistaken in attributing to the officers 
of the War Department the desire to prolong the time during 
which any given work is carried forward. The officers of the 
Arm}' are in for life, their compensation is the same whether a 
work goes forward or does not go forward, and in my judgment, 
as I have had occasion to say heretofore upon this floor, no work 
which this Government can perform is more honestly, more ju- 
diciously', more wisely performed than that which is done by the 
officers of the regular Army of the United States. I think the 
Senator, imwittingly probably, does them injustice in the criti- 
cisms which he has made. 

No, I^Ir. President, the delay in the execution of these works 
does not arise from any unwillingness of the officers of the Army 
to go on with due speed. It arises more from the inadequacy of 
the annual appropriation, as the Senator from Maine [Mr. Fkye] 
has so well set forth here to-day; and instead of undertaking to 
expedite the completion of any of our public works by unjust 



criticisms of the military officers engaged in carrying them for- 
ward, it seems to me that we ought to strike the blow of reform 
exactly as indicated by the Senator fi-om Maine, and provide ad- 
equate appropriation for every public work, so that the workmaj' 
go on without being hindered by the failure of an appropriation, 
and so that the work may go on according to a systematic plan 
persistently carried out. 

I have in my hand a letter from Brig. Gen. Casey, Chief of En- 
gineers, inclosing a statement of the expenditures which have 
been made by the Mississippi River Commission since its organ- 
ization, which I will insert in my remarks. The period of time 
during which this Commission has been inexistence and has had 
charge of these improvements is since 1881, about ten years, and 
it appears that during that period there have been exijended in 
all for levees and for other work $13,732,600, of which S3,!)24,300 
has been paid out on the levees and $9,808,300 has bscn ex- 
pended for other work. There has been an appropriation on an 
average of not quite $2,000,000 in each year under the system of 
annual approjiriatlons. 

The letter referred to is as follows: 

Office of Chief of Engineeus, United States Army, 

)yashinf/ton, D. C, January 7, J%92. 
Sir: In reply to yoiu' letter of December :M, 1.S91, requestini; an informal 
and approximate statement of the espendltures on the improvement Missis- 
sippi River since the Mississippi River Commission was organized, I Inclose 
a copy of such statement prepared by Gen. 0. K. Oomstock, Corps of Engi- 
neers, president of the Commission, giving the items and totals in the form 
requested by yon. 

These sums are exclusive of the amounts appropriated specially for sur- 
veys and for expenses and salaries of the Commission, which aggregate 
$1,097,575. 

Very respectfully, your obedient servant, 

THOS. LINCOLN CASEY, 
Brigadier-General, Chief of Engineers. 

Hon. W. E. CHANDLER, 

United states Senate, Washington, D. C. 

Comiyaratire statement of expenditures ?nad'^ hy the Mississippi River Commis- 
sion from appropriation for improving Mississippi River below Cairo. 



Appropriations. 


Expenditures (appioxtmate). 


Date. 


Amount. 


Year 

ending 

June30— 


Levees. 


Other 
work. 


Totals. 




$273,504.96 
1,000,000.00 
4, 123, 000. 00 
1,000,000.00 
1,350,000.00 

3,000,000.00 

2, 845, 000. 00 
3,200,000.00 
1,000,000.00 


1883 
1883 
1884 
18&5 
1886 
1887 
1888 
1889 
1890 
1891 




$1,000,000 

3, 744, (XK) 

5(>4,900 

1,652,900 

137,300 

318,100 

463,000 

1,057,700 

1,109,000 

762,400 


« 


March 3 1881 


$1 , 000, 000 


August 3,1882. 

Janu.arv 19,1884 

Julys, 1884 


$993, 500 
371,800 
228,400 
0,400 
328,300 
503,900 
430,300 
305,100 
756,600 


3, 737,. 'WO 

931-., 700 

1,881,300 


August 5, 1886 


143.700 
640,400 


August 11,1888 


965,900 
1,488,000 


September 19, 1890 

March 3, 1891 


1,414,000 
1,519,000 






Total to close of fiscal 






3, 924. 300 


9,808,300 


13,732,000 













From Julv 1. 1891, to November 30, 1891, has been expended: on levees, $341,- 
300, and on other work, $881,100: a total of $1,025,300 

Mr. CHANDLER. This bill provides that we shall expend 
$2,000,000 a year, and that the work shall be continuous — not be- 
yond the power of Congress, but it is to be continuous under thi.s 
bill, unless Congress at the end of any given year chooses to stop 
it. The work is not to be beyond the control of Cuugress. If at 
any time when these reports are made Congress chooses to de- 
clare by statute that the work is going on upon a wrong prin- 
ciple or is being carried forward uselessly or unwisely, it can 
stop it by three lines in an approj^riation bill at any moment. 

Mr. President, I take occasion to say that the other conclusion 
which I had no difficulty in reaching when serving upon the 
Committee on the Mississippi River, which I believe every mem- 
ber of that committee North and South, East and West, reached, 
was, that the true method of dealing' with this great question 
of the improvement of the Mississippi River is to make an ap- 
propriation of a large sum of money which shall be permanent 
and fixed, a proportion of which shall be expended annually, and 
that nothing shall stop that appi^opriation from being expended 
and nothing shall stop the work from going- forward except the 
absolute orders of Congress in subsequent legislation. 

I believe that this polic.y should be adopted at this time. I 
believe that this bill should pass. I believe that the work is 
being well and wisely done, and I believe that there is no safe 
or judicious or broad and statesmanlike way of dealing with the 
improvement of the Mississippi River except as I think all the 
other great harbor improvements should bj dealt with, by_ a 
comprehensive decree of Congress that the levees shall bo built 
and the navigation shall be improved as a great national measure. 

Mr. President, I have no constitutional difficulties on this sub- 
ject. If it suits the Senator from Alabama before voting for this 



231(> 



CONGllEBHIONAL llECORD— SENATE. 



Maech 22, 



measure to insert in the bill a provision that the construction of 
levees shall be limited to those cases where they are needed, in 
order to promote the improvement of the low-water navigation, 
if that reconciles his intellect or his conscience to this bill, I am 
very willing' to have it inserted. It certainly will not deter me 
from voting- for the bill that that assertion is put in, and I am 
very sure that it will not deter the Mississippi River Commission 
and the officers of the War Department who make these expend- 
itures from endeavoring to secure the construction with the 
aid of the States upon the Lower Mississippi of a system of levees 
that shall put that river within its boundaries, where it ought to 
stay, so that Congress may be relieved from the appeals that are 
from year to year made to us foi' assistance to the jjeople of those 
States in case of an overflow of the Mississippi. 

I suppose the Senator from Alabama would not hesitate and 
lias not hesitated to vote for the appropriations which have been 
made from time to time of very large sums for the relief of the 
sufferers from Mississippi overflows. It seems to me that it is 
quite as constitutional to vote to construct the levees as it is to 
feed the sufferers from the floods. I assure the Senator from Al- 
abama that some of these largo sums that Alabama is pouring 
into the Treasury can not bo more wisely expended than in pro- 
venting the sufferings and the losses and the calamities that are 
liappening from time to time upon the Lower Mississippi by the 
construction of an adequate system, once for all, of levees upon 
the Mississippi. 

Mr. HAWLEY. Mr. President, I have lost apart of this dis- 
cussion, but wliat I have heard reminds mo very much of what I 
lieard years and yoai'S ago when the question of large appropria- 
tions tor the Mississippi River was first broached. The battle 
was fought out then. There was then a tendency to undertake the 
improvement of all the Mississippi bottoms, of all the broad lands 
on each side of it, the salvation of that country from floods, the 
drainage of it, etc. I say the battle was fought out and the de- 
cision was made, that so far as such bills as this are concerned 
they were to be devoted primarily — they were to be devoted 
wholly, I should say — to the commercial question alono, to the 
navigational quest^ion under the Constitution of the United 
States, and wherever the protection of river banks or the deep- 
ening of the channel was of an incidental benefltto many plan- 
tations, as of course it was to a broad strip of territory, we were 
glad 0[ it, but that was not the purpose of the bill. I say in those 
days it was settled by the judgment of Congress, and my only 
surprise now is that anybody should hesitate at any expression 
which would .seem to reaffirm that delineation of proper limits. 

I agree entirely to the amendment of the Senator from Ala- 
bama. I should perhaps have not thought it necessary. I am a 
little more nearly convinced it is needed by the semiunwilling- 
ness of some to make that statement in regard to the appropria- 
tions. I vote for that amendment with a great deal of pleasure; 
I hope to be able to vote for the appropriation, but I shall vote 
for it as a question of navigation entirely. 

Mr. CALL. Mr. President, the Senator from Maine [Mr. 
Fyke] in the course of his observations upon this bill stated that 
the people of the Eastern States have paid $80,000,000 for compul- 
sory pilotage under the legislation of the Southern States. Now, 
whatever may be the merits of this tonnage question, it is cer- 
tainly true that the ship which pays pilotage in getting into any 
port charges that payment upon the rates imposed for carrying 
the goods contained in the vessel. A vessel from any Eastern 
port coming to ports of South Carolina, North Carolina, Georgia, 
or Florida does not sail for nothing or steam for nothing. 
She imposes her charges, whatever they are, upon the things 
that she carries, and they go into the markets of the States 
where they are carried and are changed with the cost of trans- 
portation. ' When the vessel takes her return cargo she imposes 
the charge upon that which goes into the markets of sale, where- 
ever the cargo is carried, and it is paid by those who purchase 
the goods. So the $80,000,000 have been paid not by the Eastern 
States, but by the States which have these pilotage fees. There 
is nothing plainer than that. 

It is true unquestionably that every tax is a restriction upon 
commerce and that commerce would be much more extended and 
larger and the rates cheaper but for taxation in any shape or 
form; but there are two sides to thispilotage question upon which 
the Senator seems to be so earnest. One is that under existing 
law these men have been trained by a public policy to this busi- 
ness, and the question remains whether they do not save more 
to the owners of shipping and to those who pay the costof trans- 
portation than would be the case if the fees were abolished. The 
pilots are stationed at every harbor in just such numbers as are 
sufficient to do the business of that place, and while the charges 
may be here and there too large as a general rule, they render a 
service that is absolutely necessary. 

If the Senator from Maine, however, desires to pass a bill equal- 
izing pilotage and changing the present conditions under which 



these men are appointed, let him make provision for the men 
who are now pilots, and not turn them out upon the world after 
liaving been reared from infancy in this dangerous and mei'itori- 
Duspursuitof saving property and saving lives. Do not discharge 
lliem entirely without employment and without anything to do. 
There avu two sides to that question. It is claimed by them, and 
I think with very great force, that they save much more i>rop- 
erfy than woidd be saved if they were not in service at the dif- 
ferent harbors. 

But, Mr. President, upon the question of this bill, what ar.; 
the States that are not upon the Mississippi River to do if you 
take the entire appropriations which Congress may make for 
such pui'poses for the improvement of that river? I am willing 
to vote, as I have voted, for the most liberal appropriations for 
any necessary purpose connected with the navigation of theAIis- 
sissippi River, even for building' levees where they are indis- 
pensable to the improvement of the river; but it should be done 
in the river and harbor bill. If you wish to make a contract for 
five or ten years, let it be provided for there, and do not let us 
dispose of the whole money that Congress can approjiriale in 
any one year for any one State or any few States or any series o; 
States. Let each part of the country have its proper share of 
the entire amount. 

In reference to the question of levees, the expenditure of this 
money will of necessity build a large extent of levees at different 
places. Who is to derive the benefit from the increased value 
of the land? Will it go into the Federal taxation? Will it not 
inure to tlie local government? What interest will the citizen 
of Florida who pays his share of the taxes derive from the in- 
creased value of this land? There must be some attention given 
to the fact that the people pay out of their hard labor these great 
sums of money, and in the disbursement of them some regard 
must be had to the interests of the different localities of the 
country. 

I for one am willing to vote whatever amoimt of money may 
be necessary, to be expended annually, witli due regard to tin- 
burdens to be imposed upon this overtaxed and impoverished 
people. I am willing to vote whatever amount is necessai\y to 
be expended in moderate sums from year to year for a period of 
five or ten years upon whatever plan may after proper investi- 
gation be decided to be best for the Mississippi River; but it is 
hai-dly fair to other States, to the State which I in part i-ejjre- 
sent here, that the entire amount which Congress proposes ta 
ap])ropriatfi for the improvement of all the rivers and all tli<- 
harbors of the United States should be by a single bill api>ropri- 
at"d and the others given that much prejudice. It is not prob- 
able that the ai)i)ro]iriatipns for rivers and harbors will exceed 
the sum of $20.o()0,o(>o at this Congress, and if this bill ])asscs 
appropriating $ls, 000,000 to be expended in sums of $:i,000,000 
annually it is certain that it will very largely reduc :■ the amount 
that will be received by the other States. If this bill waits until 
the river and harbor "bill comes here and this system shall be 
decided to be the proper one, I am entirely willing to vote for 
an appropriation running over a number of years, covering what- 
e\-er amount may be required for this purpose, but it ought not 
to be done now. 

The VICE-PRESIDENT. The question is on concurring in the 
amendments made as in Committee of the Whole as amend d. 

The amendments as amended were concurred in. 

Mr. ALLISON. I offer an amendment to come in as a new se. - 
tion after section 3. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. It is proposed to add a new section, as 
follows: 

Sec. — . That out of llie aforesaid sum of 118,750,000. $3,7oO,OOJ, or so murli 
thereof as may be necessary, shall be expendeJ under the direction of the 
Secretary of War, in accordance with such plans, specifications, and recom- 
mendations as may be approved by the Chief of Engineers of the United 
.States Army; to complete the improvement of the Mississippi River from 
the mouth of the Illinois River to St. Paul, Minn. : Provid-d. That not mor • 
than $750,000 shall be expended during any one year. 

The VICE-PRESIDENT. The question is on agreeing to tli.- 
amendment proposed by the Senator from Iowa. 

The amendment was agreed to. 

Mr. MORGAN. I propose to amend the bill in section 2. line 
3, by inserting, after the words •' improvement of the," the word^ 
"navigation of the; " so as to read: 

That out of the aforesaid sum of $18,750,001 herein appropriated for il>e im 
provement of the navigation of the Mississippi River. $5,000.0iw, etc. 

The VICE-PRESIDENT. The question is on agre-eing to the 
amendment of the Senator from Alabama. 
j The amendment w-as agreed to. 

1 Mr. CHANDLER. In section 1, line 11, after the words --Chie! 
! of Engineers of the United States Army," I move to add "and 
I said Secretary of War." 
' Mr. CULLOM. I suggest to the Senator from New Hampsliire 



1892. 



CONGRESSIONAL RECORD— SENATE. 



2317 



that he insert the words " Secretarj' of War " before " Chief of 
Engineers. 

Mr. CHANDLER. I should be very glad to oblige the Sena- 
tor, but these plans are to bo first prepared by the Mississippi 
I?iver Commission; then they are to be approved by the Chief of 
Engineers, and then I propose that they shall bo approved by the 
Secretary of War. 

The VICE-PRESIDENT. The amendment moved by the Sen- 
ator from New Hampshire will be stated. 

The Chief Clerk. In section 1, line 11, after the word 
"Army,"' it is proposed to insert the words " and said Secretary 
of War;'' so as to read: 

lu .iccordance ivith such plans, specifications, and recommendations ot the 
Mississippi River Commission as may be approved by the Chief ol Engineers 
of the United States Array, and said Secretary of War. 

Mr. VEST. I have no objection to that amendment. 
The amendment was agreed to. 

,Mr. PADDOCK. Mr. President, I have thought that before 
this bill should be passed there ought to be a liberal appro- 
pi-iation put upon it for the improvement of the navigation ot 
the Missouri River, which is the greatest river of thein all. 1 
should like to make an inquiry of the Senator from Missouri, 
who is upon the Committee on Commerce. He and his constitu- 
ents are interested in it as I and my constituents are. I should 
like to inquire of the Senator what his plan is in reference to 
the improvement of the Missouri River during the present year. 
Mr. VEST. There is no disposition to ignore the claims of the 
Missouri River or any other of the great tributaries of the Mis- 
sissippi, but the Committee on Commcrco thought that one at a 
time would he most prudent and practicable; that we ought to 
improve the Mississippi River first, in which all the States are 
interested upon the eastern and western side of it; and when 
the river and harbor bill comes to us there will be in it an ap- 
jiropriation for the Missouri, the Ohio, the Illinois, the Tennes- 
see, the Arkansas, *nd the Red Rivers, and all the tributaries 
of the Mississippi. I shall go as far as the Senator from Ne- 
braska, at the proper time, to vote the largest appropriations for 
those rivers. 

Mr. PADDOCK. With that statement, and with the under- 
standing that the Missouri River is to receive its proper consider- 
ation, I shall refrain from offering the amendment which I had 
contemplated presenting to this bill. I feel very great interest 
in the success of the effort to improve the Mississippi River on 
the plan proposed by this system of continuous appropriations 
for a number of years. 

The bill was ordered to be engrossed for a third reading, and 
was read the third time. 

The VICE-PRESIDENT. The question is, shall the bill 
pass? 

Mr. VANCE. I ask for the yeas and nays on the passage of the 
bill. 
The yeas and nays were ordered. 
-Mr. RANSOM. Is the bill still open to amendment? 
The VICE-PRESIDENT. Not now. 

Mr. Mcpherson. Mr. President, I desire to say a single 
word before the vote is taken upon the passage of the bill. 

I have never found it possible sinc3 I have been a member of 
thi.sbody to vote for any so-called river and harbor bill which has 
been passed hero, for the reason that I never could bring myself 
to the idea that even under the general-welfare clause of the 
Federal Constitution I had any right to vote money out of the 
jniblic Treasury to improve minute water ways which for less 
money could be made into good turnpike roads. Therefore, I 
liavc at all times east my vote against the so-called river and 
harljor bills. But for the improvement of great national water 
ways and for the improvement of ports and harbors that are nec- 
cssai'v to do the commerce of the United States, I have been ever 
ro;wly to give liberal appropriations of money. 

This is the first time since I have been a member of the Sen- 
ate that such a bill has been presented to me that has, as I think, 
thorough merit. It is proposed to improve the Mississippi River, 
and while it costs a very large sum of money, perhaps a greater 
sum of money than I would have supposed necessary, at the same 
time that river bisects and divides a great continent. It drains 
a continent. It has numerous large tributaries which are of 
themselves navigable and may bear the products raised in the 
great valley of the Mississippi River to the Mississippi and from 
there to the Gulf. But if the great artery, the Mississippi River 
it.self, is not capable of b:;ing navigated at all seasons ot the year, 
all the improvement which you make upon the tributaries is en- 
tirely useless. 

The great valley ot the Mississippi River is peopled by an in- 
telligent population, largely agricultural. They have never 
asked sympathy nor charity from the Government. They ask 
for a mai'ket for their surplus products: and in ordei- that those 
products may ba marketed in competition with all the world it 



I am paired with 
In his absence I 

I am paired with 
I am informed by 



is necessary that the rates of transportation should be low. By 
a proper improvement of the ]\Iississippi River they are able to 
convoy those products to tide water at very much less cost than 
they can be brought to the Atlantic seaboard. 

A system of improvement for the Mississippi River necessarily 
involves an immense expenditure of money. It requires tliatin 
every part of the river where overfiows naturally take place 
levees should bo built, that jetties should be built also, to nar- 
row the channel, and whether it costs $10,000,000 or $20,000,000 1 
deem it of immense importance to the people ot thiscountry and 
especially to the great Mississippi Valley and the country lying 
west and east of it for the conveyance of products to tide water 
that that improvement should be made. 

Therefore I shall vote for this appropriation of money for the 
Mississippi River as standing single and alone among all river 
and harbor bills that have been ])resented to the Senate. I be- 
lieve, as the Senator from Maine [Mr. Frye] has properly said, 
that the true way ot making this improvement is by an a])propria- 
tion of money sufficient notonly to begin but to continue the work; 
and this bill seems to be drawn witli that jnij-posc. That is all I 
wish to say. 

The VICE-PRESIDENT. The roll will be called on the pas- 
sage of the bill. 

The Secretary proceeded to call the roll. 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. MORRiLL] upon all questions. 
It he were present I should vote "yea" upon this bill. I do not 
know how he would vote. 

Mr. PASCO (when his name was called), 
the Senator from North Dakota [iMr. Casey]. 
withhold my vote. 

Mr. RANSOM (when liis name was called), 
the senior Senator from Maine [Mr. Hale]. 
his colleague [Mr. Frye] that ho would vote for the bill if present, 
therefore 1 vote "yea.'' 

Mr. FRYE. I do not know how my colleague would vote, but I 
release the Senator from North Carolina from his pair without 
any hesitation. 

Mr. SHERMAN (whenhisnamo wascallod). I am paired with 
the Senator from Kentucky [Mr. Caki^isle]. 

Mr. TELLER (when his name was called). I am paired with 
the junior Senator from Te.xas [Mr. CHILTON]. I am informed 
he would probably vote for the bill if present, and I therefore 
vote. I vote "yea."' 

Mr. WARREN (when his name was called). I am paired with 
the Senator from Georgia [Mr. Gordon]. 

Mr. WILSON (when his name was called). I inquire whether 
the Senator from Georgia [Mr. Colquitt] has voted? 

The VICE-PRESIDENT. He is not recorded. 

Mr. WILSON. I am paired with that Senator, and therefore 
withhold my vote. 

Mr. WOLCOTT (when his name was called). I am paired 
with the Senator from West Virginia [Mr. Kenna]. If he were 
present I think he would vote " j-ea." and I vote " yea." 

The roll call was concluded. 

Mr. BUTLER. I am paired generally with the Senator from 
Pennsylvania [Mr. Cameron]; but believing that if present he 
would vote "yea," I shall vote "yea." 

Mr. PADDOCK. My colleague [Mr. Manderson] is paired 
with the Senator from Kentucky [Mr. Blackburn]. My col- 
league is detained at home by illness. 

Mr. PLATT. I am paired with the Senator from Virginia 
[Mr. Barbour]. If he were present I should vote "yea." 

Mr. VEST. The Senator from Virginia would vote "yea.'' 

Mr. PLATT. Being assured that he would vote "yea'' if 
present, I will vote. I vote "yea." 

The result was announced — yeas 48, nays .5; as follows: 







YEAS— 48. 




Allen. 


Dawes, 


Higgins, 


Proctor, 


Allison. 


Dixon, 


Hoar, 


Ransom, 


Bate, 


Dolph, 


.Tones. Ark. 


Sanders, 


BeiTy, 


Dubois, 


McMillan. 


Sawyer, 


Butler, 


Felton, 


McPherson. 


Shoup, 


Carey. 


Frye, 


Mitchell, 


Stockbridge 


Chandler, 


Gallinger. 


Morgan, 


Teller, 


Cockrell, 


George, 


Paddock, 


Vest, 


Coke, 


Gibson, La. 


Palmer, 


Vilas. 


CuUom, 


Gray, 


Pettigrew, 


Walthall, 


Daniel, 


Hansbrough, 


Piatt. 


White. 


Davis, 


Hawley, 


Power, 

NAYS— 5. 


Wolcott. 


Call, 


Pcrliius. 


Pugh, 


Vance. 


Kyle, 










NOT \0TlN0-35. 




Aldrich, 


Cameron, 


Faulkner, 


Han-is. 


Barbom-, 


Carlisle, 


Gibson, Md. 


Hill, 


Blackburn, 


Casey. 


Gordon. 


Hiscock, 


Blodgett, 


Chilton, 


Gorman. 


Irby, 


Brice, 


Colquitt, 


Hale, 


Jones. Nev. 



For subject see Index. 



2318 



CONGRESSIONAL RECORD— SENATE. 



March 22, 



Warren, 

Washburu, 

Wilson. 



Kenna, Peller, Stanford, 

Manderson. Quay, Stewart, 

Morrill, Sherman, Turple, 

Pasco, Squire, Voorliees, 

So the bill was passed. 

COLUMBIA RIVEE IMPROVEMENT. 

Mr. DAWES. I understand that tho Senatoi- from Oregon has 
another bill that will take but a few moments. 

Mr. DOLPH. I ask the Senator from Massacluisetts to let the 
other bills go through. I do not think they will provoke any 
discussion, and there are printed reports accompanying tliem. 

Mr. DAWI3S. i give notice that immediately after the morn- 
inn- ijusiness to-morrow I shall call up the Indian appropriation 
bill. 

The VICE-PRESIDENT. The Chair lays before the Senate 
the next special order, being Senate bill 541. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the bill (S. 541) making appropriation for the improvement 
of the Columbia River. 

The bill was reported from the Committee on Commerce with 
amendments. 

Mr. DOLPH. I will state that all there is left of that bill is 
what was section 3 of the original bill. It is only one section. 

The first amendment was to strike out sections 1 and 2, as fol- 
lows: 

TliiU for the purpose of completina: the improvement of the mouth of the 
Columbia River, Oregou. the sum of 3S25,000 Is hereby appropriated out of any 
morii-v in the Treasury not otherwise appropriated. 

Siii' ■; That lor the 'improvement of the lower Columbia and Willamette 
Rivers so a'^ to secure 25 feet of water from Portland to the sea, in accordance 
with the project submitted by Maj. Hamburg, as modllied by the report of 
the Hoard of ISn.slneers, the sumof*3«0,000 is hereby appropriated, out of any 
mow in the Treas>u-y not otherwise appropriated, the same being the 
amtin'nt estimated as reauired for said improvement in excess of the sum of 
$,50i].iH)0 proposed to be expended by the city of Portland for that purpose. 

The amendment was agreed to. 

'J'ho next amendment was, in what was section .3, line 1, to 
strike out "Sec. ;i;" in line 12, after the word "exceed," to 
strike out " the estimate of the engineer in charge of the work 
of the" and insert '-one-third of the whole; '' and in line 1,3, after 
the word "amount," to strike out " which can be profitably e.x- 
pend.-d in that year" and insert '• thereby appropriated: " so as to 
rea I: 

That tor the purpose of securing the early completion of the canal and 
locks at the cascades of the Columbia River, Oregon, the Secretary of War, 
upon the application of the Chief of Engiuciers, is hereby authorized, in his 
discretion, to draw his warrant or requisition, from time to lime, upon the 
Secretary of the Treasury for such sums as may be necessary to do such 
worl!, not to exceed iu the aggregate $1,745,810, the amount estimated as nec- 
essary (or the completion of the same: Provided, howecei; That the amounts 
drawii from the Treasury shall not in any one year exceed one-third ol the 
whole amount thereby appropriated, and that an itemized statement of said 
expenditures shall accompany the annual report of the Chief of Engineers. 
The amount required for the completion of this work as herein proposed is 
her"l)y appropriated out of any money in the Treasury not otherwise appro- 
in-iated. 

The, amendment was agreed to. 

Tho next amendment was to strike out section 4, as follows: 

Sec. 4. That for the purpose of commencing the Improvement of the Co- 
lumbia River at The Dalles and Celilo Falls, and at Three and Ten Mile Rapids, 
in accordance with report of tho board of engineers appointed under the pro- 
visions of the act of July 31, 1888, and the recommendation of the Chief of 
Engineers thereon, the sum of S500,000 is hereby appropriated out of any 
money in theTroasurynototherwlseappropriated: Provided. Thatcontracts 
may be made by the Secretary of War for such materials and labor as may be 
necessary to carry out the project tor said improvement reported by said 
board, to be paid for as appropriations may from time to time be made by 
law. 

The amendment was agreed to. 

Mr. BERRY. I should like to inquire of the chairman of the 
Committee on Commerce why this bill is separated from the 
general river and harbor bill; what necessity there is for mak- 
ing a special appropriation for this river that does not apply to 
many other rivers throughout the United States? 

Mr. FRYE. Because it is one of the most important rivers in 
the country, and an immense operation is going on at its mouth. 
The Government is doing the work, and doing it as economic- 
ally, as thoroughly, and as exi^editiously as It is possible for 
such worlv to bo done. It has practically accomplished its pur- 
pose and obtained sufficient water over the bar for any vessel to 
go over and enter the river. 

There are several reaches in the river where improvements 
are absolutely necessary. The committee concluded on the whole 
that they would treat "it as they did the Mississippi River, and 
appropriate a sufficient amount of money so that the improve- 
ments might progress pari passu. A bill was passed by the Senate 
tho other day which removed from this bill one item, for the 
building of a railway across the Cascades instead ol a canal. There 
is now pretty heavy work being done at the Cascades, at a lock, 
and the committee, on tlic tlieoi-y which it adopted some time 
ago, thought it advisable that the work on tliis river, which is 
very important, extending so many miles through an immense 



country, a wheat country, should ])rogre3S as rapidly as possible. 
That is the only reason. 

Tlie bill was reported to the Senate as amended. 

Mr. DOLPH. I ask for the insertion in the Record of tho re- 
port of the committee on this bill, and a letter from the jiresi- 
dent of the State board of commerce of the State of Oregon. 

The VICE-PRESIDENT. Is there objection? The Chair hoars 
none, and the papers referred to by the Senator from Oregon will 
be pi-inted in the Record. 

The report submitted by Mr. Dolph February 15, 1892, is as 
follows: 

The Committee on Commerce, having had under consideration the bill (S. 
541) making appropriations for the imijrovement of the Columbia River, re- 
port the same back with amendments, and rec^ommend its passage. 

The amendments consist in striking out the provisions of the bill making 
appropriations for the completion of the improvements at the mouth of the 
Columbia River and lor the Improvement of the Lower Columbia and Wil- 
lamette Rivers and the improvement of the Columbia River at The Dalles 
and Celilo Falls and Ten-Mile Rapids. 

The provision for the latter improvement was stricken from the bill be- 
cause the ,Senate Committee on Transportation Routes to the Seaboard has 
already reported favorably a bill to appropriate the amount required for It, 
which "is now on the Senate Calendar, and the provisions for appropriations 
lor the works at the mouth of tho Columbia and upon tho Lower Columbia 
and Willamette Rivers were eliminated because It was believed by the com- 
mittie that they can be adequately provided tor in the river and harbor bill. 
By the bill as reported it Is intended to provide for the speedy completion of 
the canal and locks at the cascades of the Columbia. 

To this end it Is proposed to authorize the Secretary of War, upon applica- 
tion of the Chief of Engineers, in his discretion, to draw his warrant or requi- 
sition, from time to time, upon the .Secretary of the Treasury for such sums 
as may be necessar.v to complete said canal and locks, not to exceed in the ag- 
gregate $1 ,74.1,81(5, the amount estimated as necessary to complete the work, 
the amount drawn from the Treasury in any one year not to exceed one-ihlrd 
of the whole appro^jriatlon . 

The importance of this improvement v.'ill be understood when it is recol- 
lected that the Cascade range of moimtalns extends entirely across the States 
of Oregon and Washington and the only natural opening iu the range is the 
Columliia River. Tlirough this opening is the natural transportation route 
for the products of the great valley of the Columbia to the seabo.ard and of 
the supplies tor the inhabitants of that coast region. At the cascades of the 
Columliia the passage ol the river through the Cascade Mountains is rapids 
which obstruct navigation, and 45 mllesabove this olKtruction are The Dalles 
and Celilo Falls and Ten-Mile Rapids, forming another obstruction to navi- 
gation. These two obstructions are so ne-ar together and sep.arate such long 
reaches of na-vlgable river that they should be treated as one improvement. 

The llrst appropriation for the construction of a canal and locks at the cas- 
cades was made in June, 1876. sixteen years ago next June. The amount 
heretofore appropriated is $1,877,500. The amount required to complete 
the project is jil.745,50Ci. Owing to inadequate and irregular appropriations 
the work has been long delayed, the cost greatly increased, and the set- 
tlers in the vast region tributary to the Columbia River, aud the natural 
outlet to market of the products to whose indiistr,yis down the Columbia 
River valley have become disheartened. Commerce in the Pacitic Northwest 
can only be relieved by the removal of this obstruction and of the obstruc- 
tions at The Dalles and Celilo Falls and Ten-Mile Rapids. 

A competent board of engineers have reported in favor of a boat railway 
to overcome the latter obstructions, and their report has been approved by 
the Chief of Engineers, but the work has not been commenced. When these 
two improvements are completed the Columlda River will be navigable with- 
out iuterruption for over 400 miles from its mouth and the Columbia and 
Snake Rivers for some 405 miles from the mouth of the Columbia, and a very 
moderate outlav will open up the Columbia to continuous navigation for 
from 000 to 8ii0 miles fiu'ther. 

Attention is called to the following, taken from the last aimual report of 
the Chief of Engineers, concei-nlng this improvement: 

"So much money has already been exjiended upon this work, for which 
there can be no return until it is substantially completed, that it would seem 
wise economy to appropriate what Is necessary to hnish it in one sum at the 
earliest practical moment. If this can not be done by Congress next session 
under the estimate for the fiscal year ending June .10. 1893. the completion of 
the work must then be prolonged at lncre:ised expense to a time dependent 
upon the amoiuits that are from time to time made available. A suspension 
of operations of nearly a year in every two years is attended with large ex- 
penditures in protecting plant and other property during this time aud in 
repairing and replacing these when work Is to be resumed. The inability to 
take advantage of the proper seasons for carrying on this work, on account 
of a want of fimds. is also a source of large additional expense." 

This statement is supported and enforced by the report of the engineer in 
charge of the work, Ma.i. Handbnry. The magnitude and difficulties of this 
work are so great that it can only be prolitably carried on by large and con- 
tinuous appropriations. High -water in the Columbia occurs in June and 
interrupts the work and the suspension lor lack of f imds, one year out of two, 
causes great loss on account of the injury to the work from high water and 
the elements and the cost of protecting the plant. 

There is no doubt that if the fjill now reported by the committee should be- 
come a law a large sa\'ing in the cost of the work would be made and com- 
merce would receive the benefit of the improvement several years earlier 
than if the work is left to be conducted with instifflcient and Irregular ap- 
propriations. Motives of economy alone are sufficient to demand the appli- 
cation to this improvement of the plan adopted by the last Congress In the 
river and harbor bill for several important improvements. 

The report of Maj. Handbury, the engineer iu charge of the work, is hereto 
appended, and very fully presents the character and present condition of the 
work, the difficulties encoimtered in its prosecution, and the necessity tor an 
appropriation of the whole amount required for the completion of the work 
if It Is to be economically carried on. 

[Maj. Handbury's report.] 

CONSTRUCTION OF CANAL AT THE CASCADES, COLUMBIA nn'ER. OREGON. 

The general scope of the Imin-ovement which it is desired to eflect at tho 
Cascades of the Columbia River includes a reach of about 41 miles, where the 
river rushes through a narrow gorge in the Cascade Mountains. The fall m 
the distance is about 45 feet at high water and 36 feet at low v.-ater. The 
principal obstruction to navigation occurs at the upper end of the ^eaeh 
fmown as Upper Cascndes. The jn-oject tor the improvement contemplates 
that 1 he river should be Impi-oved fielow the Upiier Cascades by removing 
bowlders and projecting points in the bed and banks so as to give good, nav- 
igable water from its lowest up to a 20foot stage. 



1892. 



CONGRESSIONAL EECOED— SENATE. 



2319 



The f aU at the Upper Cascades Is to be overcome by digging a canal ot 3,000 
feet In length across the neck of a low, projecting spur, around which the 
river is forced at the entrance to the gorge, and placing In this a lock and 
otht-r suitable structures, which would permit of thepassage otboatsup lo a 
20-ri >ot stage of water In the river, this locli and canal to be so arranged that, 
should the future necessities of commerce so demand, additional structures 
mav be added which \vill permit of navigation at much liigher stages. 

The first part ot this project, that of imprortng the river below the foot of 
the Upper Cascades, is essentially finished. 

The diflerence of level between the head and foot of the canal as now estab- 
lished is 15 feet at high water and 24 feet at low water, and the diflerence m 
height between high and low water at the foot is 64 feet, and at the head 45 
feet The plan on which the future work in the canal, mth its lock aud ac- 
cessories, is to be prosecuted has for its object to make this portion of the 
river available for navigation to a stage up to 30 feet at the earliest possible 
moiJient, with the funds that ai-e from tune to time appropriated for the 
puri>use. ■, ^, , 

At the commencement ot the present fiscal year there was available for 
the pro.secution ot the work *7,6.i3.95. At that time active held work was 
susiK'uded aud had been so since the end ot the preceding November, on ac- 
cou'it of a want of funds. The preparation of di-awings and the taking 
care ot public property pertalnlug to this improvement were the only work 
in progress until about the middle of September. 1890, when preparations 
were commenced with the view to active outdoor work as soon as the river 
aaid harbor bUl then pending became a law. On September 18 stonecutting 
wa.s resumed, and on the 20lh general operations were commenced. The lock 
pit was cleared ot water between October 4 and 9. Active operations have 
been in progress from that time until the end of the present fiscal year. 
Tlie available balance on hand this June 30 is J304, 691.71. 
The progress toward completion during the year is represented by the fol- 
lowing general results: There were cut 8,711 cubic feet of dimension granite, 
12 6-JO cubic feet dimension basalt. 43,98S cubic feet faced basalt. 

Quantities of stone laid: In the lock walls, 338 cubic yai-ds granite. 3d0 cu- 
bic yards dimension basalt, 85(5 cubic yards basalt face stone, and a3 cubic 
yards concrete culvert pipe. In the canal walls, 37 cubic yards of face stone 
and 333 cubic yards dry rubble. 

The amount ot concrete made and placed was 9.614 cubic yards. Of this. 
1 777 yards were mixed by hand and 7,837 by machine ; 2.:ff3 yards were placed 
with derricks and 7.343 with chutes. In connection with the eonci'ete work 
a concrete supply pipe 39 inches in diameter aud 6 Inches thick for the tur- 
bines was made and imbedded in concrete masonry. This pipe was made In 
sections 3 feet long. There were 197 of these, contaming 13(j cubic yards ot 
concrete. . . . , ^ . , 

Quarrying from basaltic bowlders found m the vicmity has been carried 
on to the extent of 1,333 cubic yards dimension stone aud -180 cubic yards of 
rubble. , . , . 

The escavation for the year was only such as was necessary m cleaning 
up the lock pit after high water, and in preparing the foundations of the lock 
masonrj-. This amounts to 2,085 cubic yards of bed rock and 4,443 yards of 
gravel and sand. , , , , 

The masonry on the south side for the lower guard and lock gates was 
built up the height of the copingand joined to the caual wall of that side, and 
aU preparations are now made for commencing the corresponding masonry 
on t he north side as soon as the river falls so that the lock pit can be pumped 
out. which will probably be about the 1st of August. 

A complete plant has been prortded for mixing concrete. It ls so arranged 
that all the materials to be incorporated are brought to the mixers by grav- 
ity and the concrete delivered on the wall by the same force. The cost of 
handling materials and mixing is by this arrangement reduced to a mini- 
mum The capacity of this plant is now 250 cubic yards per day, and can 
readily be mcreased at little additional cost to any desired extent. 

Kepairs were made to buildings, tramways, derricks, en.gines. pumps, and 
plant in general. An addition was made to the oftlce building forcement- 
tesimg pm-poses, aud another room was fitted up for drafting purposes. 
The cement store shed was extended 60 feet. Increasing the storage capacity 
to 9.000 barrels, and the stone sheds were extended 42 feet, giving shelter for 
ten additional cutters. 

9'wentv-peven hundred feet of new tramway were built to bring rock from 
bowlder quarries leased during the year; the tramway to the sand pit wa.s 
regraded and relaid for locomotive traction, as it was found that sand coidd 
not he supplied rapidly enough with animal power obtainable in the vicinity, 
and twelve new cars were constructed upon the works for ser%-ice In the sand 
pit. A new 36-inch-gauge locomotive was purchased. 

A lease was obtamed fi'om owners of the adjoining property to that belong- 
ing to the Government on the east, and extending along the bank of the 
river, for a right of way for a tramway and the exclusive privilege of taking 
the basaltic bowlders strewn along the land for a distance of nearly a mile 
The supply ot rock on the Government ground suitable for the lock con- 
struction is now about exhausted. There is an abundance on this leased 
ground. The lease Is good for tell years from January 1, 1891. 

There Is now a large quantity of stone, cut and uncut, and other material, 
including 8. 000 barrels ot imported cement, on hand. Everything is now in 
readiness to push the work forward rapidly again as soon as the lock-pit can 
be pumped out, which wiU be. as above stated, about the 1st of August. 
Until that time the principal work that can be done is stonecutting. 

The funds now availalile will be substantially exhau-sted by the end of No- 
vember m the operations connected w ith the construction of the north side 
of the lower lock and guard gate masonry, the construction of the lock wall 
on the south side and the upper lock gate masonry on the .same side to the 
height of the bottom ot the upper canal, or our reference (88). 

Al that time a suspension wUl again be necessary, lasting until such time 
as additional funds are prortded for the prosecution of the work. A suspen- 
sion at that time is very much to be regretted, because diu-tng the following 
three months the river is likely to be at low water, which stage Is favorable 
for doing a large amount of work above the upper and below the lower bulk- 
heads that must be done before the lock can be open to trafilc, and which 
would hasten materially that desired event. 

During the year the plans and estimates for carrying on this work were 
caretully rerised and a report upon this revision submitted to the Chief of 
Engineers under date of December 17. 1890. Further information on the sub- 
ject of estimates and cost of this work was submitted February 4. 1891. In 
answer to a letter of the Hon. Dinger Herii.\nn to the Secretary of War. ex- 
planation of the conduct of the work by hired labor was made under date of 
February 9, 1 891 . These communications, with others bearing upon the same 
subjects, were published in Senate Executive Document No. 73, Fifty -first 
Congress, second session. 

Tlie Leglslatm-e of the State of Oregon passed an act, which was approved 
February 16. 1891— 

•To bo entitled an act to authorize and empower the governor, secretary 

of state, and State treasurer of the State of Oregon, and their successors in 

oflice, for and in the name and behalf of the State ot Oregon, to build, con- 

• struct, operate, and maintain a portage railway Iwtweeu the highest and 

lowest points of the navigable waters of the Columbia Kiver at the Cascades, 



In Oregon, and between the highest and lowest points ot the navigable waters 
of the Columbia River between The Dalles andCelilo, in Oregon, andtobuild 
and construct all necessary switches and approaches thereto, and lo equip, 
run, operate, and perpetually maintain the same, and to sue for and condemn 
private propcrtv for all necessary purposes in any way connected there with, 
aud to charge and collect freights and fares thereon, and to appropriate 
money therefor." 

It is provided in the act " ihatsaid board shall have the right to determiuo 
which railway shall bo first built." Section 8 of the act provides "That there 
be, and is hereby, appropriated outof the general fund of the State of Oregon 
the sum of iCO.tJOO. from any moneys not otherwise appropriated, for the uses 
and purposes aforesaid, etc." 

Under this authority the board of portage commLssloners provided for In 
the act requested the use ot the railroad across the Government grounds at 
the Cascade Locks, with the understanding that it would constru<'t the nec- 
essary Inclines, and provide wharf boats and other wharfage tacilities both 
above and below the present termmi of the Government railway, and ixjn- 
nect the same by lines ot railway with the lines in use on the grounds; and 
also grant the (Government the use of Ihesi- free of charge for the transpor- 
tation of supplies ;ind materials tor thi' publli: imprdveiiieut at that point. 

With the view to avoiding all possibility ot a coullict of authority or juris- 
diction that might arise in the cuiistrucl ion and oiieratlonof thisro;id. it was 
suggested thatthe matter could be simplllled by the United States building 
the road from the eastern boimdary of its property to the bulkhead at the 
lower end ot the canal, a distance ot 3.G0O feet, the Stale to connect with this 
at the two ends by suitable inclines, and to provide all wharf boats, rolling 
.stock, and other necessary portage facilities. 

The expenditure cimld be justified on the ground that this piece ot rail- 
way was a part of the plant necessary to the economical construction of tho 
work in progi'ess. On the matter being reterrtxl to the Attorney-General it 
was decided that the State of Oregon must build this pie<:e of road. The 
State board gave Its assent to this decision, alsoto the location and gauge of 
tlie road as suggested by me. The Secretary ot War thereupon approved 
the right of way for a 3-foot gauge i-ailway, subject to restrictions and regu- 
lations to be hereafter prescribed. During the latter part of May the em- 
ployes of the State board were permitted to enter upon the grounds and 
conimenced the construction of this piece of railway. 

For further information relative to the work carried on diu'ing the year 
reference is invited to the annual report herewith ot my assistant in loctil 
charge, Lieut. Edward Burr, Corps of Engineers, United .States Army, where 
the details ot all operations are set forth with the usual clearness and care 
characteristic of that oftlcer in the discharge of his duties. 

The estimated amoiuit yet to be appropriated for rompletlng the work is 
Jl,745..Ttio. It this amount were available now. so that the work from this 
time forward could be jnished to the full extent of our arrangements and 
the capacity of the plant now i)rovided. it is within the range of ix>ssibility, 
under ordmary circumst;in'cs of weather, to advance it so iiear completion 
that boats could be reguhuly passed through the lock by the end of the year 
1892; but this is not the case; therefore the opening of the lock must not be 
expected at that time. 

So much money has already been expended upon this work, for which there 
can be no retiu-n'unlil it is substantially completed, that it would seem wise 
economy to appropriate what is necessary to finish it in one sum at tlie earli- 
est practical moment. If this can not be done by Congress next session un- 
der the estimate for the fiscal year ending Juno 30, 1893, the completion ot the 
work must then be prolonged at Increased exi>ense to a time dependent upcm 
the amounts that are from time to time made available. A susiiension of 
operations of nearly a year in every two years is attended with large expen- 
ditures in protecting plant and other property dm-ing this time, and in re- 
pairing and repl.acing the.se when work is to be resumed. The mabillty to 
take advantage ot the proper seasons for carrying on this work on account 
of a want of funds is also a source of large additional exjiense. 

The amount estimated that can be profitably expended during the fiscal 
year ending June 30. 1893. is $1,500,000. aud in addition to this SS45,50'J can be 
iprofltably expended befoix^the end of December. 1893. 

APPBOPRIATIOKS. 

June 14. 1876 $90,000 

June 18. 1878. 150,000 

March 3, 1879 200,000 

Jime 14, 1880 lOC.OOO 

March 3. 1881 100,000 

Augu.st 2. 1882 - 865,000 

Julys, 1884 150,000 

Augusts. 1886 - - 187,500 

August 11. 1888 - -•- 300,000 

September 19, 1890 4.35,000 

Total... - 1,877.500 

The Cascades of the Columbia River are in the collection district ot Wil- 
lamette. The nearest port of entry is Portland. Oregon, 65 miles distant by 
river. The nearest light -house and works of defense are at the mouth of the 
Columbia River. l.W miles distant. The amount of revenue collected al Port- 
land for the year ending June 30, 1891. was S(j03.367.19. 

Money slalanent. 

July 1. 1890. balance unexpended $7, 6,13. 95 

Amount appropriated by act approved September 19, 1890 435,000.00 

442,0.5.3.95 
June 30. 1891, amount expended during fiscal year 234,170.24 

July 1. 1891, balance unexiiended 208,483.71 

July!, 1891. outstanding liabilities 3,793.00 

July 1, 1891, balance available.. 201,691.71 

Amount (estimated) required lor completion of exlstlngproject. 1,745,500.00 
Amount that can be profitably expended in fiscal year ending 
June 30, 1893 1,500,000.00 

Submitted in compliance with requirements of sections 3 of river and h;ir- 
bor acts ot 1866 and 1807. 

The urgent necessity tor ihe removal of the obstructions at the Ca.scades 
and at The Dalles and Celllo Falls and Ton-Mile Rapids has been fully set 
forth in the report of the Committee on Transportation Routes to the Sea- 
board, at the present .session, uiwu Senate bill 635. "A bill making an appro- 
priation for the construction of a boat railway at The Dalles and Celllo Falls 
and Ten-Mile Eapids." and in previous reports ot that committee upon a 
similar bill. 

The following is quoted from the report of that committee submitted to 
the Senate the 8th instant: 

•'In conclusion your committee can not too earnestly or in terms too em- 



2320 



CONGRESSIONAL RECORD— SENATE, 



March 22, 



phatic urge upon the Senate and the Congi-ess the great Importance of the 
early commencemeut and speedy completion of the iniiirovemeuts recom- 
meu'ded, viz: a boat railway, with hydraulic vertical lifts, and the improve- 
ment of Three-Mile Kapids. These improvements are, In the judgment of 
your committee, wisely recommended by the Board of Engineers and the 
Chief of l^ngineers as the liest solution of this difticidl problem. 

"The immense agricult\u'al. urazing, and niineral development of the Pa- 
cific North west, coupled with the unprecedented ruinoitsly burdensome trans- 
portation rales to \^'hich tlie producers and shippers iu that vast region have 
been, and still are, sub.jected, the same being on an average of from five to 
six times more on the railroad lines in that section than on any transporta- 
tion line by cither water or rail in any section of the country east of the Mis- 
sissippi River, present in thetuselves a most convincing and unansweralde 
argument in favor of the speedy opening of the Columbia River and its trib- 
utaries in such manner as to enable boats topass without interruption from 
the great agricultural, grazing, and mining centers of Eastern Oregon, Wash- 
ington, and Idaho, without breaking cargo until they connect with and tm- 
load ou ocean steamers and sailing vessels at Portland, Astoria, or where- 
ever found on tide water. 

"The prodttcers and shippers of wheat in Eastern Oregon, Washington, and 
Idaho have for years and are yet, mainly by reason of these obstructions in 
the Columbia River, which have prevented river competition with railroad 
transportation, been subjected to transportation charges ranging from :;\ to 
over 'S cents per mile. Compare these charges with transportation rates on 
wheat between Chicago and New Yorlf. for instance, which by all water are 
but a fraction more thait '-i mills per ton per mile, and by all rail less than 5 
mills per ton per mile, then tlie exorbitant natiu'e of the transportation rates 
for the transportation of \Aheat from the interior to the seaboard in the 
Pacific Northwest may be fully comprehended. 

"Your committee, in considering this important suliject, first, in 188ii-'8T, 
during the second session of the Forty-ninth Congress, made the following 
statement in a report submitted to the .Senate February 1, 1887: 

"THE TRAFFIC, PRESENT AND PnOSPECTIVE, ON AND ALONG THE COLUMBIA 
RIVER, AND THE SAVING TO THE PEOPLE BY A FREE RIVER. 

"The Wheat trafHc alone along the Columbia River is over 600,000 tons per 
yeai\ Taken with all other freight it is sate to estimate within the next two 
years a two-way traffic of over l.COU.OOO tons of freight will pass along this 
river by boat and rail. This trallic is now subject to a freight tax of over 3 
cents per ton per mile, which, on an average haul of "00 miles, is a tax on 
the producer and shipper of f*),000,000 annually, while on an average haul of 
300 miles between Portland, Oregon, Eastern Oregon, Eastern Washington 
Territory, and Western Idaho, the freight tax annually on the producers 
and shippers will be about $9,000,000. 

"With the completion of the canal and locks at theCascades, and thecora- 
pletionof the proposed boat railway and accompanying improvements at 
the Dalles, it is safe to predict that freight charges would be reduced at once 
at least to one-half of 1 per cent per ton per mile. On an average haul, there- 
fore, of about 200 miles, this would, on the estimate of the amount of freight 
as hereinbefore given, relieve the country, the producer, and shipper of a 
freight tax of ab(mt 85,000,000 annually; but sliould the reduction m freight 
diarges by these improvements prove not to be so great as above indicated, 
should the rates not go below 1 per cent per ton per mile, it would still be ex- 
t r:ivagautly high compared with the rales in States and Territories east of 
I he Horky isioiinlains. The saving to the people even in that case woulii be 
54,000,000 annually on an average haul of 300 miles, or a saving of $0,000,000 
annually on an average haul of 300 miles." 

The vast territory east of the Cascade Mountains tributary to the Colum- 
liia River, including about two-thirds of Oregon, more than one-half of Wash- 
ington, Idado, and a large portion of Montana, is rapidly settling up, and 
iis iiroduits of the cereals, wool, animals, and minerals is increasing with 
wonderful rapidity. 

The Report of the Dep.arlment of Agriculture for 1891 shows that Oregon 
raised last year 13,1-19,000 bushels of wheat on (!9i,0.50 acres of land, valued at 
Sll.571,100, and that the wheat yield of Washington was 12,216,000 bushels, 
grown on698,0-10 .acres, and valued ;il $9,ir)l,7'.=>. 

It is safe to estimate that 20.ii»0.l"iil bushels of the wheat yield of the two 
States was rai.sed east of the C.iscade Moimtains, .and judging from the in- 
crease of the yield in past years, and taking into consideration the rapid set- 
tlement of the region and the small amoiuit of land in cultivation, it is safe 
to estimate that if 1892 should be a f.avorable year for wheat production in 
Eastern Oregon and Washington, the wheat yield of the region will be in- 
creased to 25,000.000 bushels. The entire cost of completing the canal and 
locks at the Cascades is $1,745,816, and the estimated cost of the construction 
of a boat railway at The Dalles itnd Celilo Falls and Ten-Mile Rai>ids is $2,- 
8(>f.,356.35, a total of 34,606.172.35. 

If reasonable and usual appropriations for such work should be made in 
the next river and harbor appropriation bill for these two improvements the 
bal.ance required for their completion will be less than 14,000.000. It is en- 
tirely safe to say that the saving in the cost of transportation of the wheat 
crop of Eastern Oregon and Washington alone, if the obstructions at tlie Cas- 
cades and The Dallas were removed, would in two years amount to the full 
cost of both imin'ovements, to say nothing of the saving of freight upon other 
cereals, ou wool, animals, and minerals, or upon the products of Idaho and 
Montana sent to the seaboard by the way of the Columbia River Valley, or 
the s:iving in the cost of transportation from the seaboard to this region of 
articles required to supply the wants of settlers there. 

The committee do not believe there is another river Improvement in the 
United Stales where the same expenditiu'e would produce gi-eater benefits 
tfi the pe<'iile directly interested than the expenditure for the improvement 
I)rovided fnr by this bill and the expenditure for its counterpart improve- 
ment at The Dalles of the Columbia. 

The interests of the Uovernmenl. of the people of the Pacific Northwest, 
and of the entire Union dein;ind the speedy opening of tlie Columbia River 
to commerce by the removal of the obstructions at the Cascades, and your 
committee earnestly recommend the passage of the bill. 

The letter of the president of the Oregon State Board of Com- 
merce is as follows: 

Oregon St.4te Board of Commerce, 

Porlland, Jaiiuanj 7, isf>2. 

My Dear Sir; Referring to your inquiry as to the extent of territory 
drained by the Columbia River, and amount of products for which that w.ater 
Avay could be made available as a means of transportation, I beg to say: 

The State of Oregon contains about 103,000 square miles, or s.ay, iu roimd 
numbers, about 68,000.000 acres. In a generiil way it may be siiid that about 
three-quarters of this territory is tributary to the Columbia River as a 
me.ans of communication with the markets of the world; or at least, that the 
rates of transportation are directly or indirectly influenced and affected by 
it, onthe Siiine principle announced bythehighauthorityofMr. .VlbertFink. 
that transportation rates between the Mississippi Valley and the Eastern 
seaboard via the Great Lakes and the Erie Canal controls all freight rates as 
Jar south as the .Stale of Tennessee. 



Oregon, like the adjoining State of Washington, is divided by the Cascade 
range of mountains Into two divisions, known as Western and Eastern. 
The (Columbia River divides these two States from the Pacific Oce;in for 
about. ■)50 miles, and then passes wholly into the State of Washington, taking 
a northeastwardly course unlilil reaches thenorthern limltof United States 
territory. There Is no break in the Cascade range of mountains through 
which water coiu'ses p.a3s, save only the Columbia River. The great belt of 
territory known as Eastern Washington has no means of access to tide 
water ou the western coast, except by using the pass of the Columbia or by 
railway over the mountains, involving grades aggregating over 4,000 feet of 
elevation, and, of course, corresponding expense. 

The great basin of the Columbia, m Eastern Washington, comprises over 
40,000 sciuare miles, or say over 25.000,000 acres. This teiTitory is being rapidly 
settled and brought under cultivation, the popul.ation of this portion of the 
State having Increased from 35,206 in 1880, to l-».454 in 1890. Its productive- 
ness, especially as to Its adaptation to the growth of wheat, Is now well es- 
tablished, and while the exact proportion of this territory susceptible of be- 
ing made available for cereal production can not be stated with certainty. It 
is believed that at least 40 per cent of it, or say 12,000,000 acres, is adapted to 
wheat-raising; a portion by the aid of irrigation, but a Large area where that 
process of cultivation is not necessary. 

In 1890 there w.as harvested iu Eastern Washington about 565,000 acres of 
wheat, producing as near as can be ascertained 12, .500, 000 bushels, or an aver- 
age of over 22 bushels per acre. Figures for 1891 are not available at this mo- 
ment, but the product was but little if any in excess of 1890 on perhaps 10 
per cent larger acreage, the yield per acre having been about 20 bushels per 
acre. 

Eastern Oregon contains about 65,000 square miles, or, say, 41,000,000 acres; 
probably 60 per cent of this area, or, say, 25.(XX).000, is susceptableof cultivation 
m cereals, but a much larger proportion than in Washington can only be 
done by the aid of irrigation. 

Easteni Oregon harvested In 1691 about 265.500 acres of wheat, producing 
about 5.500,000 bushels, or, say, 20.7 bushels per acre. For the two States east 
of the Cascades we have as the product of 1891 about 18.000,000 bushels of 
wheat, about 80 per cent of whicli, or. say. 14,400.000 bushels, must find some 
outlet to the markets of the world. The aver;vKe distance from points where 
this wheat was grown to Portland is about 300 miles (not more) : to Puget 
Sound somewhat more. The average freight rate to either Portland or 
Puget Sound is about 16^ cents per bushel, or practically 1.8 cents per ton 
per mile to Portland. 

Exactly what reduction might be realized for the benefit of the producer by 
the opening of the Columbia above t he Casi'ade Canal and the Snake River.as 
far as navigable can not be stated with certiiinty, but reasoning from anal- 
ogy based on approximately similar conditions it may bo assumed that 
freight rates from. say. Lewiston toPortland, a distance of 378 miles by rail, 
would not exceed 12 cents per bushel ; possibly not 10 cents. The higherrate 
(12 cents) would be a reduction of 6 cents per bushel from present rates from 
Lewiston to Portland by rail, or 331 per cent. 

It is not supposed I hat I he opening of the rivers to free navigation, as in- 
dicated, would bring about corresponding reduction in all freight rates, as 
at Lewiston, a river comiteting point, but it is fair to assume that a general 
reduction of at least l.i jier cent would be realized on all freight rates be- 
tween the wheat-growing sertious and tide water, and this would mean over 
$400,000 more value to the proilmer on the present comparatively limited 
productions of wheat in Eastern Oregon and Washington, to say nothing of 
the near future when thai pi-oduclion may be expected to increase many 
fold. 

The above treats of wheat only; other cereals are produced largely in the 
same territory, but at present not greatly in excess of home consumption. 
Barley, oats, rye, and flax can be profitably, and no doubt will be largely 
produced there in the near future when freight rates shall have rendered 
such production protll.able for sale. 

Other coiuuioditif's Uuiii grain and its product will realize corresponding 
or similar reductions in freight rates by the ojiening of the river route, 
whet her or not I hey should be mainly or at all Iriiusitorted by the water way. 

As to the future possibilities of cereal producilon in the Columbia Valley, 
east of the Cascades, it is quite impossible to a<-cmMtely forecast, but it is 
quite within reason to assume that it can easily be made to reach over 200,- 
000.000 bushels of whe;it. besides other grains, wool, live stock, and other 
agricultural products. These industries are as yet in their Infancy, but are 
promising an early and unparalleh-d growth, witli .a lietter prospect ot high 
remuneralion lo the agriculturist th.au perhaps any portion of the world. 

The rem:irkably large yields of grain, and theconiparativeease with which 
it is cultivated and h:irvested, renders the country peculiarly inviting, and 
"When the cost of niarU<ning crops shall have been reduced to "the minimum, 
the country will attract a still more rapid settlement. 

Stock-raising is carried on very largely in Eastern Oregon; in fact it may 
lie said, at the present time, to be the principal industry of an agricultural 
character. This is partly owing to the adaptability of that section for this 
purpose, but perhaps more on account of the entire lack of tr;insportation 
facilities throughout most of the section not justifying the production of 
large quantities of cereals for sale. 

In 1890 there were in this portion of the State about 275,000 cattle. 140.000 
horses and mules, and 1,350.000 sheep, the latter yielding about 9.000,000 
pounds of wool. It may be remarked, however, that the number of sheep in 
this section was greatly reduced from the pre\'ious years, on account of the 
unusually severe winter of l889-'90, which, it is estimated, destroyed from 25 
to 30 per cent of the stocks of sheep. 

In portions of Eastern Oregon and Washington, there are vast forests of 
exceptionally fine timber lands. These are being cut to some extent, and 
the lumber marketed largely in the East. The cost of transportation, how- 
ever, and the unlimited supply of fine lumber west of the Cascade Range, 
renders competition on the coast unprofitable for such lumber as is produced 
on the east side of that range; hence comparatively little of It finds Its way 
westward. 

In respect to Western Oregon, or that portion of the State mainly tributary 
to the Columbia River below the Cascade Canal, we note as its principal agri- 
cultural district that great Willamette Valley, fully equal, if indeed it is not 
superior to any grain-producing district In the countrj'. This valley em- 
braces, in round nimibers, about 10,000,000 acres of land, probably two-thirds 
ot which is susceptible of easy cultivation; it is more densely settled than 
Eastern Oregon, but is far from being fully occupied. The population of this 
portion of the State in 1890 was 136,849, against 94,189 In 1880. In 1891 It pro- 
duced from 369,360 acres 8,550,IK)0 bushels of wheat, an average of 2;i.2 bushels 
per acre. As in Eastern Oregon, other cereals are prodticed, but not greatly 
in excess of local consumption. 

Of the wheat produced, probably 6,000,000 bushels or more will be di.sposed 
of for export, mainly to Europe. This will, in the main, find its w.ay to mar- 
ket via Portliind and the Columbia River. 

A very large area of the territory in Western Oregon is covered with heavy 
timber of superior quality, considerable quantities ot which are exported to 
foreign countries. The figures representing the annual cut ot lumber in Or- 
egon'and that part of Washington tributary to the Columbia River, are not 
available, but are large and susceptible of almost indefinite incre,ase. 



1892. 



(J0NailE8SI0NAL KECOllD— SENATE. 



2321 



The tonnage passing out of the Columbia Kiver lor a series oi years has 
been as follows: 





Deep-sea sail- 


Steamers. 


Coasters. 


Totals. 




ing 


vessels. 










Years. 
















No. 


Tonnage. 


No. 


Tonnage. 


No. 


Tonnage. 


No. 


Tonnage. 


1885. .__ 


Its 


110,307 


114 


265, 690 


88 


22, liJ2 


3.50 


407,149 


)^«e 


liiO 


171,108 


121 


234,811 


61 


20,8:m 


338 


42<>, 982 


1887 


85 


100,'JliS 


133 


253,861 


69 


32, 189 


287 


385, 818 


1888 


113 


139, 514 


186 


311,946 


93 


44, 8t)l 


391 


496,261 


)88S) 


71 


8.'(,i>?S 


279 


329, ^03 


94 


3:1, 249 


444 


451,374 


1890.... 


63 


88,8ilO 


313 


311,377 


71 


22,848 


446 


423,115 



The record for 1891 is not yet fully compiled 
loUows; 


but will be substantially as 




Number. 


Tounafo. 




116 

a34 

64 


1,52,6:3 




:no,{HK) 




21,. 500 








Total 


514 


484, 122 








i; 



Of the mining industries, of which the eastern portion of Oregon and 
Washington arc largely engaged, I have no data of value, nor yet of the coal 
intere.sts, which are very large in Western Washington, and of considerable 
cxlcut on the coast of Oregon. 

I think these cover all the points in the direction indicated upon which I 
can give information of value. 
'Yours truly, 

T. F, OSBORN, Pnsidait. 
1 Hon. J. N. DOLpn, 

Senate Chumbei; H ashm/jtoii, JD. 0. 

The bill was ordered to bo engrossed for a third reading, and 
read the third time. 

Mr. VANCE. I ask for the yeas and nays on the pa.ssage of 
that bill. 

The yeasand nays were ordered; and the Chief Clerk proceeded 
to call the roll. 

Mr. HARRIS (when his name was called). I am paired with 
the Senator froiii Vermont [Mr. MoRRlLli]. 

Mr. PASCO (when his name was called). I again announca 
my pair with the Senator from North Dakota [Mr. Casey]. In 
his abs mce I withhold my vote. 

Mr. PLATT {when hi.s name was called). I am paired with 
the Senator from Virginia [Mr. Barbour]. Unless I can be as- 
sured that he would vot« for this bill if present, I shall withhold 
my vote. 

Mr. SHERMAN (when his name was called). I am paired 
,with the Senator from Kentucky [Mr. Carlisle], 

Mr. WARREN (when his name was called). I am paired v/ith 
the Senator from Georgia [Mr. Gordon]. In the absence of his 
colleague [Mr. COLQUITTj I am unable t« say how he would vote, 
except that I am informed he agreed In committee to the r.-jiort 
as made. I therefore take the liberty of voting, and vote ' ' yea."' 
Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. Colquitt]. As he is not present, 
I withhold my vote. 
The roll call was concluded. 

Mr. PADDOCK. My colleague [Mr. Manderson] is paired 
wi'ii the Senator from Kentucky [Mr. Blackburn]. 

Mr. HANSBROUGH. Is the Senator from Illinois [Mr. 
Palmer] recorded as voting? 
The VICE-PRESIDENT. He is not recorded. 
Mr. HANSBROUGH. Then I withhold my vote. If he were 
present I should vote "yea." 

Mr. COCKRELL. I am paired with the Senator from Iowa 
[Mr. Allison], but I voted "yea."' I presume he would vote 
"yea," if present. Does his colleague [Mr. Wilson] know how 
ho would vote? 

Mr. WILSON. I think my colleague would vote "yea." if 
present; but he did not inform me. 

Mr. COCKRELL. I shall letmy vote remain, and it the Sena- 
tor from Iowa wants to place himself on record as voting " nay" 
he can do so; but I do not think he will, for I believe ho would 
vote "yea" if pres<"nt. 
The result was announced — yeas 46, naj'S 4; as follows: 



Allen, 

Bat«>, 

Butler, 

Carey, 

(^handler, 

Cockrell, 

Coke, 

CuUom, 

Daniel, 

Davis, 

Dawes, 

Dixon, 





YEAS-46. 




Dolph, 


Jones. Ark. 


Shoup, 


Dubois, 


McMillan, 


Squii-e, 


Felton, 


McPherson, 


.Stockbridge 


Frye, 


Mitchell, 


Toller, 


Galliuger, 


Morgan, 


Vest, 


George, 


Paddock, 


Vilas, 


Gibson, La. 


Perkins, 


Walthall, 


Gray, 


Pettigrew, 


Warren, 


Haw ley. 


Power, 


White, 


Higglns, 


Ransom, 


Wolcott. 


Hiscocli. I 


, Sanders 





L 



r Hiscocli. 1 , Sanfiera 





NAYS— 4. 




Kyle, 


Pugh, 


Vance. 


NOT voting— 38. 




Chilton, 


Irby, 


Quay, 


Colquitt, 


Jones, Nev. 


Shertnan, 


Faulkner, 


Kenua, 


Stanford, 


Gibson, Md. 


Mauderson, 


Stewart, 


Gordon, 


Morrill, 


Turpie, 


Gonnan, 


Palmer, 


Voorhees, 


Hale, 


Pasco, 


Washbui'U 


Hansbrough, 


PclTer, 


Wilson. 


Harris, 


Piatt, 




Hill, 


Proctor, 





Berry, 



Aldrich, 

Allison, 

Barboiu'. 

Blackburn, 

Blodgett. 

Brice, 

Call, 

Cameron, 

Carlisle, 

Casey. 

So the bill was passed. 

The title was amended so as to read: "A bill making ajipro- 
priations for the purpose of securing the early completion of the 
canal and locks at the Cascades of the Columbia River." 

boat RAILWAY AT THE DALLES. 

The VICE-PRESIDENT. The Chair lays before the Sonato 
the next special order, the bill (S. 525) making an appropriation 
for the constructiim of a boat railway at The Dalles and Celilo 
Falls and Ten-Mile Rapids of tiio Columbia River, and for the 
improvement of Three-Mile Rapids. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the hill. 

The bill was reported by the Committee on Transportation 
Routes to the Seaboard with an amendment, to add the following: 

This appropriation tfl cover the whole cost of the proposed improvement. 

So as to make the bill read: 

Be it enacted, ttc, That the sum of J2.800,a56,S5, or so much thereof as may 
be necessary, be, and the same is hereby, appropriated, out of any moneys 
in the Ti*easury not otherwise appropriated, to be expended under the direc- 
tion of the Secretary of War, in the construction of a boat railway, and of 
the necessai*\' marine ai-paratus and ai)pliauces iu connection therewith, for 
the purpose of tran-iferrlng boats and their cargoes over and across the ob- 
structions to it.LVigation at The Dalles, and Celilo Falls, and Teu-Mile Rai>- 
ids, on the Columbia River, either in the State of Oregon or the Slate of 
Washington, as m.-iy be di>termined most expedient by the .Secretary of War. 
and in the Improvi-iiu-ut of Tbree-JIile Rapids, such improvements to be made 
iu accordance with the recouimendations, plans, and specifications included 
iu the report of the Board of Engineers of Ihe United States appointed by the 
Secretary of War iu pursuance of the provisions of the act of Cougi'ess ap- 
proved Aivgust 13, 1888, and entitled "An act making appropriations for the 
construction, repair, and preservation of certain public works on rivers and 
harbors, and for other purposes;" this :t pi)ropriation to be immeil lately av.ail- 
able. This appropriation to cover the whole cost of the pvoposcil improve* 
ment. 

The amendment was agreed to. 

Mr. MITCHELL. Mr. President, this bill has heretofore 
passed the Senate twice. I do not desire to take up the time of 
the Senate, as the subject has heretofore l)een discussed at 
length. The bill has been reported unanimously from the Com- 
mittee on Transportation Routes to the Seaboard. The report, 
which I hold in my hand, has bc'ii prepared, setting forth the 
matter fully, and I desire to have it incorporated in the RECORD. 

The VICE-PRESIDENT. Is there obj-i-ction to printing the 
report in the Record? 

Mr. BUTLER. I do not see any occasion for printing the re- 
port. What is the necessity for it? 

Mr. MITCH KLL. I hope the Senator will not object to print- 
ing the report in the RECORD. 

Mr. HAWLIiY. If the bill is generally accepted and the re- 
port is here on file, what is the use of printing it in the Rec- 
ord? 

Mr. MITCHELL. Very well. I shall not press the request. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The bill was ordered to be engrossed for a third reading, and 
read the third time. 

Mr. VANCE. I ask for the yeas and nays on the passage of the 
bill. 

The yeas anil nays were ordered; and the Secretary proceeded 
to call the roll. 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. Mokrill]. 

Mr. PLATT (when his name was called). I am paired with 
the Senator from Virginia [Mr. Barbour]. If he were present 
I should vote " yea." 

Mr. SHERMAN ( when his name was called), 
the Senator from Kentucky [Mr. Carlisle]. 

Mr. TURPIE (when his name was called), 
the Senator from Minnesota [Mr. Davis]. 

Mr. WILSON (when his name was called), 
the Senator from ( jeorgia [Mr. COLQUITT]. 

The roll <:all was concluded. 

Mr. HISCOCK (after having voted in the affirmative), 
the Senator from Arkansas [Mr. ,ToNES] voted. 

The VICE-PRES [DENT. Ho has not. 

Mr. HISCOCK. I am paired with that Senator, and withdraw 
m,v vote. 

The VICE-PRESIDENT. The vote will be withdrawn. 



I am paired with 
I am paired with 
I am paired with 

IIiis 



XXIII 14G 



23^2 



00NGEES8I0NAL EECOED— HOUSE. 



Makch 22, 



The result ^vas announced — yeas 38, nays 8; as follows: 



-a 



Alien, 
Date. 
Butlei-, 

Call. ^ 

Cli.audler. ?i 
CocUrell, 
Oullom. 
Davis, ^ 

Dawes. 

Dixou, 03 

03 

<o 

Berry, 
Blodgett, -^ 

Aldricli, 1q 
Allison, ZS 

Barbour, </3 
Blackburn, ,^ 
Brice, ^ 

Cameron, , ^^ 
Carey, *-*- 

Carlisle, 
Casey, 
Chilton, 
Colquitt, 





YEAS-38. 




Dolph, 


McMillan, 


Squire, 


Dubois, 


Mitchell, 


Stockbridge 


Frye, 


Palmer, 


Teller, 


Galllnger, 


PeBer, 


Vest, 


George, 


Pettigrew, 


Walthall, 


Gibson, La. 


Power, 


Warren, 


Hansbrougli, 


Ransom, 


White, 


Hawley, 


Sanflers, 


Wolcott. 


Higgins, 


Sawyer, 




Hoar, 


Shoup, 
NAYS~8. 




Coke, 


Morgan, 


Pugh, 


Daniel, 


Perkins, 


Vance. 



NOT VOTING-42. 

Faulkner, Jones, Ark. Quay, 

Feltou, Jones, Nev. Sherman, 

Gibson, Md. Kerma, Stanford, 

Gordon, Kyle, Stewart, 

Gorman, McPherson, Turpie, 

Gray, Manderson, Vilas, 

Hale, Morrill, Voorhees, 

Harris, Paddock, Washburn, 

Hill, Pasco, Wilson. 
Hlscock, Piatt, 
Irby. Proctor, 

So the bill was passed. 

Mr. SHERMAN. I move that the Senate adjourn. 

The motion was agreed to; and (at 4 o'clock and 20 minutes ji. 
m.) the Senate adjourned until to-morrow, Wednesday. March 
23, 1892, at 12 o'clock m. 



HOUSE OP REPRESENTATIVES. 
Tuesday, March 22, 1892. 

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. 
W. H. MiLBURN, D. D. 

The Journal of the proceedings of yesterday was read and ap- 
proved. 

JOHN W. FAIRFAX. 

The SPEAKER laid before the House a letter from the assistant 
clerk of the Court of Claims, transmitting a copy of the findings 
of the court in the case of John W. Fairfax agiiinst the United 
States; which was referred to the Committee on War Claims, and 
ordered to be printed. 

INVESTIGATION OF PENSION OFFICE. 

Mr. ENLOE. Mr. Speaker, I ask imanimous vonscut for the 
present consideration of the resolution which I send to the Clerk's 
desk. 

The Clerk read as follows: 

J2csolfed, That the Special Committee on the Investigation ol the Manage- 
ment of the Pension OlHce, be, and it is hereby, authorized to employ an ex- 
pert examiner to aid in the examination of cases in the Pension Office, his 
compensation not to exceed $5 per day. 

Mr. DINGLEY. Reserving the right to object, I would ask 
the purpose of this resolution':' 

Mr. ENLOK. Mr. Speaker, I understand this resolution is to 
get some one to represent the committee in the examination of 
cases in the Pension Office, as it is impossible for the members 
of the committee to give their entire time to that work, or to 
give their time to the extent that it would be necessary in order 
to make the examination desired in certain cases in the Pension 
Office: and, furthermore, I do not know that any member of the 
committee is sufliciently expert in knowledge of the manage- 
ment of the affairs of the Pension Office to be able to conduct 
that sort of an examination. 

The SPEAKER. Is there objection to the present considera- 
tion of the resolution'? 

Mr. BROSIUS. Could we have the resolution again reported? 
I am a member of the committee, and did not hear it. 

The resolution was again reported. 

The SPEAKER. Is there objection to the present considera- 
tion of the resolution? [After a pause.] The Chair hears none. 

The resolution was agreed to. 

On motion of Mr. ENLOE, a motion to reconsider the last vote 
■was laid on the table. 

EFFICIENCY OF THE MILITIA. 

Mr. LANE. Mr. Speaker, I ask imanimous consent that 5,000 
additional copies of the bill (H. R. 7318) to promote the efficiency 
of tlie militia, and report numbered 75-1, to accompany the bill, 
be printed, they being exhausted. 

There was no objection, and it was so ordered. 

MODE OF ELECTING PRESIDENT AND VICE-PRESIDENT. 

Mr. RICHARDSON. Mr. Speaker, I desire to submit a priv- 
ileged re])ort from the Committee on Printing, and will ask the 
Clerk to tirst read the resolution. 



The resolution was read, as follows: 

Hesoh'ed, That there be printed tor the use of the House 5,000 copies of Sen 
ate Report No. 395 of the Forty-third Congress, by the Senate Committee on 
Privileges and Elections, upon the mode of electing President and Vlce-Pre, 
idem. 

The SPEAKER. The Clerk will now read the report. 
The report was read, as follows: 

The committee have considered the resolution of Mr. Whkeleb of Mich- 
igan, to print for the use of the House 5,000 copies of Senate Report 395 of the 
l''orty- third Congress, by the Senate Committee on Privileges and Election-^ 
vipon the mode of electing President and Vice-President of the United Stat i 
The estimated cost of same is $90. 

The SPEAKER. The question is on agreeing to the resolution. 
The question was put, and the resolution was agreed to. 
On motion of Mr. RICHARDSON, a motion to reconsider the 
last vote was laid on the table. 

CALL OF COMMITTEES FOR REPORTS. 

The SPEAKER. The Clerk will call the list of committees 
for reports. 

FEES IN UNITED STATES COURTS. 

Mr. BUCHANAN of Virginia, from the Committee on the Ju- 
diciary, reported back a substitute for the bill (H. R. 6077) tore- 
enactand amend section S.^JO of the Revised Statutes of the United 
States: which was referred to the House. Calendar, and, with ac- 
companying report, ordered to be printed. The original bill was 
ordered to lie on the table. 

DATE OF ASSEMBLIN(; OF CONGRESS. 

Mr. BUCHANAN of Virginia, from the Committee on the Ju- 
diciary, reported back adversely the bill (H. R. 4582) to apjioint 
a different day, namely, March 4, for the annual assembly of 
Congress in the year A. D. J893, and thereafter. 

PENSIONS FOR ARMY NURSES. 

Mr. BUTLER, from the Committee on Invalid Pensions, i-e- 
ported back with amendments the bill (H. R. 7294) granting pen- 
sions to army nui-ses; which was referred to the Committee of 
the Whole House on the state of the Union, and, with accom- 
panying report, ordered to be printed. 

SIMPSON COUNTY, KY. 

Mr. BUNN. Mr. Speaker, I ask that the report G75, which is 
printed as accompanying House bill 103f), be reprinted. It is an 
error, and it should have been printed so as to show that it is to 
accompany the bill (H. R. 4475) for the relief of the board of com- 
missioners of the sinking fund or the county court of Simpson 
County, Ky. They are different matters, and I desire that it 
should be corrected. 

The SPEAKER. This report will be reprinted, as indicated, 
if there be no objection. 

There was no objection. 

STREET R.ULROADS. WASHINGTON, D. C. 

Mr. HEARD, from the Committee on the Districtof Columbia, 
reported back with amendment the joint resolution (H. Res. 
108) extending the time in which certain street railroads com- 
pelled by act of Congress approved August 0, 1890, to chang'/ 
their motive power from horse i^ower to meclianical power for 
one year; which was referred to the House Calendar, and. witli 
the accompanying report, ordered to be printed. 

The call of the committees for reports was concluded. 

ENROLLED BILLS SIGNED. 

Mr. WARWICK, from the Committee on Enrolled Bills, re- 
ported that they had examined and found trulyenrollcd billsaiiil 
a joint resolution of the following titles; when the Sjjeaker sigm •< I 
the same: 

A bill (H. R. 5118) to amend an act entitled "An act makiii: 
appi'opriations to provide for the expenses of the government m 
the Districtof Columbia for the fiscal year ending June .'JO, 18si' 
and for other purposes," approved ilarch 3, ISSl; 

A bill (S. 1057) to punish the unlawful appropriation of theu~ 
of the i^roperty of another in the District of Columbia; and 

Joint resoultion (S. R. 44) authorizing the Librarian of Con- 
gress to exhibit certain documents at the World's Columbian 
Exposition. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. IvIcCoOK, its Secretar.\ . 
announced that the Senate had passed without any amcndmen! 
bills of the following titles: 

A bill (H. R. 497) to determine the sessions of the circuit anil 
district courts of the United States for the eastern district I'l 
Wisconsin: 

A bill (H. R. 1187) to remove the political disabilities of .Tohn 
R. F. Tatnall: 

A bill (H. R. 17,'!7) to increase the pension of Anna Maria 
Young, a Revolutionary pensioner; 

A bill (H. R. 5891) to authorize the appointment of clerk for 



/ 



1892. 



CONGRESSIONAL RECORD— SENATE. 



2489 



Petition praying: for the enactment of legislation for the en- 
couragement of silk culture — ordered to lie on the table. 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Oftices and Post-I?oads. 

Petition praying- for the passage of a bill making certain issues 
of money full legal tender in payment of all debts— to the Com- 
mittee on Finance. 

. Mr. VEST presented the following petitions of White Water 
Grange, Patrons of Husbandry, of Missouri: 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petition pi-aying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Ofiices and Post-Roads. 

Petitions praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts — to the 
Committee on Finance. 

Mr. SAWYER presented a petition of citizens of Racine County, 
Wis., praying for the passage of what are known as the Wash- 
burn-Hatch antioption bills; which was referred to the Commit- 
tee on the Judiciary. 

He also presented a petition of citizens of Grant County, Wis.: 
a petition of citizens of Dane County, Wis., and a petition of cit- 
izens of Pierce County, Wis., praying for the passage of an anti- 
option bill: which were referred to the Committee on the Judi- 
ciary. 

Mr. TELLER presented a petition of citizens of Kit Carson 
County, Colo., praying for the passage of what are known as the 
Washburn-Hatch antioption bills: which was referred to the Com- 
mittee on the Judiciary. 

He also presented a petition of the Denver (Colo.) Chamber of 
Commerce and Board of Trade, praying for the establishment of 
a postal-telegraph system; which was referr<?d to the Committea 
on Post-OfRces and Post-Roads. 

He also presented a petition of the Silver League of George- 
town, Colo., praying for the passage of a free-coinage bill: which 
was referred to the Committee on Finance. 

Mr. GEORGE presented the following petitions of Pinckney 
Mill and Vaughan Granges, Patrons of Ilusbandry, of Missis- 
sippi: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk culture — ordered to lie on the table. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petitions praying for the passage of House bill 395, delining 
lard and imposing a tax thereon— ordered to lie on the table. 

Petitions praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Offices and Post- Roads. 

Petitions praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts — to the 
Committee on Finance. 

Mr. STOCKBRIDGE presented the following petitions of Corey 
and South Lowell Granges, Patrons of Husbandry, of Michigan: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk culture — ordered to lie on the table. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products— referred to the Committee on the 
Judiciary. 

Petitions praying for the passage of House bill 395, defining 
lard and imposing tax a thereon — ordered to lie on the table. 

Petitions praying for the passage of a bill to pre-s-ent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts—referred to the Committee on Post-Offices and Post- Roads. 

Petition praying for the passage of a bill making certain issues 
of money full legal tender in payment of all debts— referred to 
the Committee on Finance. 

Mr. HIGGINS presented the following petitions of Gumboro 
and Newark Granges, Patrons of Husbandry, of Delaware: 

Petions pi'aying for the enactment of legislation to prevent 
gambling in farm products— referred to the C(mimittee on the 
Judiciary. 

Petition praying for the passag-e of Hou.se bill 395, delining 
lard and imposing a tax thereon — ordered to lie on the table. 



Petitions praying for the pa*sag-o of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petitions praying for the free delivery of mails in the rural 
districts — referred to the Committee on Post-Offices and Post- 
Roads. 

Mr. TURPIE presented a petition of citizens of Huntington 
County, Ind., praying for the passage of what are known as the 
Washburn-Hatch antioption bills; which was referred to the 
Committee on the Judiciary. 

Mr. SHERMAN presented a petition of the Young People's 
Society of Reynoldsburg, Ohio, praying that the World's Colum- 
bian Exposition be closed on Sunday: which was referred to the 
Committse on the Quadro-Centennial (Select). 

He also presented a petition of William Nelson Post. No. 186, 
Grand Army of the Republic, of Cincinnati, Ohio, praying for 
the passage of legislation, now before Congress, giving" prefer- 
ence to honorably discharged soldiers and sailors in a])point- 
ment to office; which was referred to the Committee on Civil Serv- 
ice and Retrenchment. 

He also presented a petition of 23 citizens of Columbus, Ohio, 
praying for the passage of an amendra mt to the Constitutionof 
the United States prohibiting any legislation by the States re- 
specting an establishment of religion or making an appropriar 
tion of money for any sectarian purpose; which was referred to 
the Committee on the Judiciary. 

He also presented the following petitions of Maysville, .Tack- 
son, Smith, Wyoming, and Rocky Point Granges, Patrons of 
Husbandry, of Ohio: 

Petitions jjraying for the enactment of legislation for the en- 
couragement of silk culture— ordered to lie on the table. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products— referred to the Committee on the 
.Judiciary. 

Petitions praying for the passage of House bill 395, defining 
lai-d and imposing a tax thereon — ordered to lie oa the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts—referred to the Committse on Post-Offices and Post- 
Roads. 

Petitions praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts— to the 
Committee on Finance. 

-Vir. COCKRELL. I present a memorial of the General As- 
sembly of the State of Missouri, in favor of the improvement of 
the Mississippi River and the appropriation of a sufficient sum 
at one time to carry on the improvement, and as the Senate 
passed a bill for that express purpose prior to the passage of these 
resolutions, I move that they lie on the table. 

The motion was agreed to. 

Mr. ALLISON presented a petition of the General Assembly 
of the State of Iowa, praying for the passage of legislation which 
shall indemnify the bona fide settlers upon what are known as 
the Des Moines River lands, whose titles have failed; which was 
referred to the Committee on Public Lands. 

He also presented a petition of the Business Men's Association, 
of Davenport, Iowa, praying for the construction of the Henne- 
pin Canal according to the plan recommended by Capt. W. L. 
Marshall; which was referred to the Committee on Commerce. 

He also presented a petition of citizens of Ricerville, Iowa, and 
a petition of citizens of Mills County, Iowa, praying for the pas- 
sage of the Washburn-Hatch antioption bills; which were referred 
to the Committee on the Judiciary. 

Mr. FAULKNER presented the memorial of Henry L. Snyder 
and 38 other citizens of West Virginia, i-emonstrating against the 
passage of Senate bill 3(j2, ])roviding for the removal of the 
Southern Ute Indians from their present fertile reservation in 
Colorado to Utah Territory; which was referred to the Commit- 
tee on Indian Afl'airs. 

Mr. GALLINGER.presented the following petitions of Forest 
Grange, Patrons of Husljandry, of New Hampshire: 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture — ordered to lie on the table. 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petition praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petition praying for the free delivery of mails in rui'al dis- 
tricts — referred to the Committee on Post-Offices and Post- 
Roads. 

Petition praying for the passage of a bill making certain issues 
of money full legal tender in payment of all debts — to the Com- 
mittee on Finance. 

Mr. HALE presented the following petitions of Charlotte 
Grange, Patrons of Husbandry, of Maine: 



2490 



CONGRESSIONAL EECOllD— SENATE. 



March 24, 



Pptition Tjraviun- for the enactment of legislation for the en- Mr. McMILLAN introduced a bill (S. 2708) to fix the compsn- 
rnurio-emeut of silk culture-ordered to lie on the t ajjk^^ sation of substitute letter-carriers, ana to deEne their duties; 

Petition prayino- for the enactment of leg-islatiqjJBIiPeTrTnrf^liich was read tvnoe by its title, and referred to the Committee 
o-amblin°- in farm products— referred to the Committee on the on Post-Offioes and Post-Roads. 

f ™^„;„,.?r '*^,.-.>_ kjl" '"^^s" inti'Otluced a bill (S. 2709) to create a rural delivery and 

r^lloetion system; which was read twice by its title, and referred 



Judiciary. , „ , ... .^Jj^Uir- 

Petition praying for the passage of House bill «IB»7WTmi]ia 
lard and imposing- a tax thereon— ordered to lie on the table. _ 

Petition praying for the free deliTcry ot mails in rural dis- 
tvicts— referred to the Committee on Post-Offices and Post-Roads. 

Mr. DOLPH presented a memorial of sundry citizens of O rogon, 
remonstrating against the licensing of the sale of liquors in the 
Territory of Alaska; which was referred to the Committee on 
Territories. . . 

Mr. PADDOCK presented a memorial of the Woman s Chris- 
tian Temperance Union ot Nebraska, officially signed, remon- 
strating against the opening of any exhibition or exposition on 
Sunday whore United States funds are expended; which was re- 
ferred to the Committee on the Quadro-Centennial (Select). 

REPORTS OP COMMITTEES. 

Mr. BATE, from the Committee on Military Affairs, to whom 
was referred the bill (S. 309) to remove the charge of desertion 
from the military record of John Hill, submitted an adverse re- 
port thereon, which was agreed to; and the bill was postponed 
indefinitely. . ,^.,. 

Mr. BATE. I an instructed by the Committee on Military 
Afiairs to ask the indefinite postponement of the bill (S. 1707) for 
the relief of Capt. W. M. AVallace, and to ask that permission be 
granted for the withdrawal of the papers by the claimimt. so that 
they can be taken before the Third Auditor, which is the propei- 
placefor their presentation. 

The VICE-PRESIDENT. That order will ba made, if there 
bo no objection. 

Mr. PALMER, from the CommiUee on Mibtary Affairs, to 
whom was referred the bill (S. IHl) for the relief of Emile B. 
Weishaar, submitted an adverse report thereon, which was agreed 
to: and the biU was postponed indefinitely. 

lie also, from the same committee, to whom was referred the 
bill (S. 1384) for the correction of the army_ record of Lieut. Harry 
R. Anderson, United States Army, submitted an adverse re]ioft 
thereon, which was agreed to; and the bill was postponed indeli- 

ilr CAREY, from the Committee (m Public Lands, to wiiom 
was referred the bill (S. 2003) to provide for the disi)osal of cer- 
tain abandoned military reservations in the State of Wyoming, 
reiwrted it with amendments, and submitted a report thereon. 

T\Ir. WALTHALL, from the Committee on Military Affairs, to 
whom was referred the Inll (S. 600) authorizing the Secixjtayy of 
War to correct the military record of Henry S. CJohn, submitted 
an adverse report thereon, which was agreed to; and the bill was 
postponed indefinitely. 

Mr. SA'WYEB.from the Committee on Pensions, to whom was 
referred the bill {H. R. 6214) to increase the pension of William 
Burrough. of Crawford County, Ark., veteran of the war of 1812, 
reported it without amendment, and submitted a report thereon. 
Mr. PROCTOR, from the Committee on Militai-y Afl'airs, to 
whom was referred the bill (S. 4275) to grant to the Chamjjlain 
and St. Lawrence Railroad Company a right ot way across the 
FovtMontgomery military reservation, reported it with an amend- 
ment, and submitted a report thereon. 

Ho also, from the same committee, to whom were referred the 
following bills, reported adversely thereon, and they were post^ 
poned indefinitely: 

A bill (S. 515) to define the grade of certain medical officers of 
the Army, and for other purfioses: 

A bill (S. 895) authorizing and directing the Secretary of War 
to prepare a medal ot honor roll, and for other purposes: and 

A bill (S. 2041) for the relief of W. H. Davis, late first lieuten- 
ant Company H, Twenty-fifth Regiment Ohio Infantry Volun- 
teers. 

Mr. PASCO, from the Committee on Claims, to whom v.-as re- 
ferred the bill (S. 2237) tor the relief ot the legal representatives 
of Thomas L. Young, asked to be discharged from its further 
consideration, and that it be referred to the Committee on Mili- 
tary Affairs: which was agreed to. 

Mr. HAWLEY. By instruction of the Committee on Military 
Affairs, I report back adversely the bill (S. 2370) correctino- the 
military record ot Ireneus Shortridge. The remedy sought can 
be obtained at the War Depai-tment and the bill is unnecessary. 
I move that it be indefinitely postponed. 
The motion was agreed to. 

BILLS INTRODUCED. 
Mr. HARRIS introduced a bill (S. 2707) gi-anting additional 
quarantine powers and imposing additional duties upon the Ma- 
rine Hospital Service; which was road twice by its title, and re- 
ferred to the Committee on Epidemic Diseases. 



to the Committee on Post-Ollices and Post-Roads. 

Mr. COCKRELL (by request) introduced a bill (S. 2710) grant- 
ing a pension to Mrs. Ann Bradford, mother ot William K. Brad- 
ford: which was read twice by its title, and referred to the Com- 
mittee on Pensions. 

Mr. SAWYER introduced a bill (S. 2711) to aid the special de- 
livery ot the Post-Office Department; which was I'ead twice by 
its title, and referred to the Committee on Post-Offices and Post- 
Roads. 

He also inti-oduoed a bill (S. 2712) to amend the postal laws re- 
lating to and authorizing the issue ot postal notes; which wiis 
read twice by its title, and referred to the Committee on Posl- 
Offices and Post^Roads. 

He also introduced a bill (S. 2713) to amend the postal laws so 
as to prohibit jidvertising sheets from being transmitted as sec- 
ond-class matter, and limiting the number of samfde copies that 
.may be mailed at second-class rates: which v.-as read twice by 
its title, and referred to the Committee on Posfc-Offices and Post- 
Roads. 

He also introduced a bill (S. 2714) for the relief of fourth-class 
postmasters of the United States; which was read twice by its 
title, and refen-ad to the Committee on Post-offices and Post- 
Roads. 

Mr. DIXON introduced a bill (S. 2715) authorizing the em- 
ployment of mail collectors at free-delivery offices: which was 
read twice by its title, and referred to the Committee on Post- 
Offices and Po.st-Koads. 

He also introduced a bill (S. 2716) to indemnify the sender of 
registered nuitter lost in the mails: which was read twice by Its 
title, and referred to the Committee on Post-Offices and Post- 
Roads. 

He also introduced a bill (S. 2717) to provide for the appoint- 
ment of a commission to examine and r<->port relative to the em- 
plo-,-mcnt ot the jineumatie-tube system, oi- other process, for 
the' rapid dispatch of mails in large cities; which was read twic? 
by its title, and referred to the Committee on Post-Offices and 
Post-Roads. 

Mr. CARI'IY introduced a bill (S. 2718) to repeal section 1218 
of the Revised Statutes of the United States and the amendment 
thereto: which was read twice by its title, and referred to the 
Committee on Military Affairs. 

Mr. FAULKNER introduced a bill (S. 2719) to remove the 
charge ot desertion from John Ivyons; which was read twice by 
its title, and referred to the Committee on Military Affairs. 

PUBLIC BUILDINGS. 
Mr. CAREY submitted the following resolution; which was 

read: 

Whpveas the haul Interests of the General Oovemment demand that it 
shouUl own and have iibaolutc control ot all buildings nocessai-y lor publlr 
purposes, and tor the proper care and custody ol its records at the seat of 
Government: Be it therefore „ ., ,. , ,, , , 

Jlesoleed' First. 'ITiat the Committee on Public Bmldmirs and Grounds !«• 
instructed toinvestiyate. inquii-e, and report as to the condition of the piibln- 
Ijiuldiniis in the rity'of -Washinclon, and report what addilioual buildings in 
said cilv are needed" for the uses of the General Government in order to carry 
on its business, to preserve and protect its public records, to afford proper 
and healthful accommodations for those engaged in the public service, tne 
estimated cost of such buildings; and in this connection to report the stims 
annually expended bv the several branches of the Govermnent lor leased or 
rentedbuUdlngslnthecity of Washington. . 

Second That the said committee report by biU or otherwise, on or befoi ■: 
the first Monday of December next, such legislation as in their opmion may 
be ne(*ssarv inthepi-emises. ...... 

Third U "it is necessary to caiTy out the object of this mqniry said com- 
mittee, or subcommittee thei-eof . is authorized to sit during the recess. 

The VICE-PRESIDENT. The resolution will !» referred to 
the Committee on Public Btiildings and Grounds. 

Mr. VEST. I rose to say to the Senator from Wyommg that 
in the firat week, I believe, of this session the Senate passed 
unanimously a bill for the construction ot a hall ot records for 
storing all valuable papers and documents connected with both 
Houses of Congress, the Supreme Court, and the different Ex- 
ecutive Departments. Such a bill has passed the Senate four 
times without opposition, and that bill is now pending in the 
House of Representatives. It was based upon information given 
to us year after year ot the fact that valuable papers in the na- 
ture ot vouchers were endangered by fire as stored now in the 
different Executive Departments: and yet the bill has never been 
even considered in the coordinate branch of Congress. The Com- 
mittee on Public Buildings and Grounds can do nothing more in 
the in-emises. We have reported again and again in regard to 
the danger of fire in this Capitol, and I have myself repeatedly 
on the floor of the Senate called attention to the fact that th<' 



1892. 



CONGEESSIONAL RECOED— SENATE. 



2493 



tunity to take this particulai- matter to which the petition refers 
into consideration. It would like very well to know if something- 
is to be done by the committee having- charge of the same, di- 
rectly or indirectly, correctly or incorrectly, speaking in a strictly 
pai'liamentary sense. 

Mr. PLATT. Mr. President, in the absence of the chairman 
of the Committee on the Judiciary, and owing to the fact that I 
was appointed a subcommittee to consider the subject, together 
with the Senator from Alabama [Mr. Pugh], perhaps I ought to 
reply to the inquiry which lias been made by the Senator from 
Nebraska [Mr. Paddock]. 

Wo have had some lengthy hearings of persons who are in favor 
of and those opposed to what is known as the Washburn option 
bill. It is a bill which proposes on its face to raise revenue and 
which intends under that proposal to prevent the business which 
it is proposed to tax; but as it is a bill ostensibly to raise reve- 
nue, it is a bill which can not, under the Constitution, be acted 
upon by the Senate until it comes to us from the House of Rep- 
resentatives. I think that sug-gestion at least ought to relieve 
the committee from any charge of delay in having acted upon 
the hill. 

Perhaps the committee departed a little from the usual custom 
in such cases in considering it until it came from the House, even 
to the extent of having hearings upon it. I think we have gone 
further, perhaps, than the practice and rules of tlie Senate under 
the Constitution would strictly permit in having the hearings 
and doing what wo have already done in relation to the bill. 

Mr. PADDOCK. I have no doubt the committee has done all 
it possibly could do. 

Mr. WOLCOTT. I rise to ask if this question respecting- the 
condition of a bill which is in committee comes under the head 
of morning business? There is a resolution on the table which 
is part of the morning business, which, if it is in order. I should 
bo very glad to have called up. 

Mr. PADDOCK. I sujipose I may properly, perhaps, as chair- 
man of the committee having charge of subjects of this kind, es 
a matter of privilege in connection with the introduction of pe- 
titions relating to such subjects, raise an inquiry of the kiud 
which I have raised. 

I am entirely satisfied that the committee having charge of 
the matter by order of the Senate has done the best it could. 
When the bill was referred I thought there were reasons why it 
might go to the Committee on Agriculture and Forestry, because 
it is a subject that that committee has to deal with, and with it 
always deals promptly when sent to it for consideration. When 
this bill was introduced I was informed that there were legal 
questions involved in the bill which the Committee on the Ju- 
diciary might properly and usefully consider, and, therefore, I 
waived the right, whatever it might be, and did not make the 
motion to have the bill go to my committee. Hence this inquiry, 
which I consider, under all the circumstances, pertinent and not 
impertinent. 

LISTS OP GOVERNMENT EMPLOY^. 

The VICE-PRESIDENT. The Chair lays before the Senate a 
resolution offered by the Senator from Colorado [Mr. Wolcott] 
coming over from a previous day, which will be read. 

The resolution was read, as follows: 

Eesolved, That the heads of the several Departments aud of the other 
branches of the public service in the city of Washington be directed to trans- 
mit to the Senate lists of all their subordinates, stating their names, legal 
residences, compensation, and duties, who were on the 1st day of March, in- 
stant, employed in said city, not as laborers or -n-orkmeu nor as members of 
the classitted cinl service, and were not specilically authorized or appropri- 
at<?d for by law, but were appointed oremployed according to the discretion 
of the official appointing or emplcymg them, and paid from some general or 
special fund subject to his control; and that accompanymg such lists shall 
be transmitted like lists of all persons employed or paid as laborers or work- 
men who have ijcrformeil clerical or other higher duty. 

Mr. WOLCOTT. Mr. President, I desire to modify the reso 
lution by adding, in the sixth line, after the words " laborers or 
workmen," the words" or as printers, binders, or pieceworkers," 
the object of the inquiry not extending to the Printing Office. 

The VICE-PRESIDENT. The resolution will be so modified. 
The question is on the resolution as modified. 

Mr. WOLCOTT. The modification excludes printers and bind- 
ers from the inquiry. 

Mr. COCKRELL. Is that the resolution introduced yesterday 
morning by the Senator? 

Mr. WOLCOTT. Yes. 

Mr. ALLISON. I do not object to the resolution, although 1 
desire to call the attention of the Senator from Colorado to the 
fact that under this resolution, unless it is now modified .so as to 
exclude them — and 1 am not clear but that the modification has 
that eil'ect — it will require the Public Printer to produce here a 
list of all his employes, except one or two. 

Mr. WOLCOTT. Printers, binders, or pieceworkers are ex- 
cepted definitely from the provisions of the resolution by tlie 
modification which I have just made. 



Mr. ALLISON. Very well. Then that will relieve, of course, 
the resolution from that objection; but I will say to the Sjnator 
what I believe to be true, that every employe in the oflice of the 
Public Printer is named in the Blue Book which has liesn pub- 
lished within a month, so that the name of every employe in the 
office of the Public Printer has b_'en furnished to the public, in- 
cluding the persons named by the S »nator. 

^Mr. PLATT. Let the resolution be read as modified. 

The VICE-PRESIDENT. The re.«olution as modified will bo 
read. 

The Chief Clerk read as follows: 

Mesolctd, That the heads of the several Departments and of the other 
branches of the public service in the city of Washington be directed to transmit 
to the Sena'ic lists of all their .-.ubordinatcs, stating their names, legal resi- 
dences, compensation, and duties, wlio were on the Istday of March, instant, 
employed in said city ii-it as latiorers (u- workmen or as printers. liiiuItM-s. or 
pieceworlvci-s. nor as members of the classified ci\'il service, ami were notspe- 
ciliially authori/.i'dor appropriated for by law. hut were ai>pointed or employed 
according to ttu- discretion of the official a;)poiutin,g or eiiiplo.\i?igtheni, and 
paid frtun some general or special fund stilj^iect to his control; and that ac- 
(■oTiipa.uying such lists shall be transmitteil like lists of all persons cni[)Ioyed 
cr oaid as ialiorcrs or workmen who have performed clerical or ttthrr higher 
duty. 

Mr. ALLISON. I desire to ask the Senator if he means to in- 
clude the government of the District of Columbia in this ivsolu- 
tion? 

Mr. AVOLCOTT. I do not. 

Mr. ALLISON. The civil service does not apply to the gov- 
ernment of the District of Columbia, and yet the resolution reads; 
'• The lieads of the s jveral Departments and of the other brtmches 
of the public service in the city of Washington." The Senator 
does not mean to include the government of the District of Co- 
lumbia? 

Mr. WOLCOTT. I did not intend under the resolutions to 
cover the emjiloyes of the government of the District of Colum- 
bia. 

Jlr. HALE. Will the Senator state as briefly as he may just 
wh?.t classes of per.stms the i-csolution is intended to cover? 

Mr. WOLCOTT. With pleasure. There are four classes of pub- 
lic employes, as I understand, not in the classified civil service. 
Thoseexpressly excluded from the civil service, as the heads of De- 
partments and the like, laborers, those that come under the head 
of laboi-ers, and those special lydesig-nated by the act creating the 
office. I am informed — I do not know how truthfully — that there 
are many other employes holding office under the Government 
who are not properly included within these different designa- 
tions; that there are in the Government service people employed 
aslaboi'ers, who are in fact doing clerical service — the name "la- 
borer" is a misnomer — that there are psople carried upon the 
rolls here and charged to the account for construction and the 
like, and it seems to me, Mr. President, if civil-service reform is 
to have a fair test, whether we are in favor of it or against it, we 
ought at least to know that the jirovisions of the law are carried 
out. 

It is certainly true that some of us upon making applications, 
which we are compelled to make on behalf of our constituents, are 
met by the statement that it is utterly impossible in the D,>part- 
ments to find employment for worthy people, either because they 
can not perfoi-m the duties of a laborer or because they have not 
passed the civil-service examination. The same application else- 
where is met by a promptaffirmativeanswerand tihese people are 
put upon the rolls. It is largely a matter of favoritism. In any 
event, Mr. President, we are all in the dark as to what pat-ticular 
people may be employed, in what particular capacity they may 
he employed, who is to appoint them, and under what rules. 

Mr. HALE. Do..'S the resolution include the Census Office? 

Mr. WOLCOTT. I should say that it includes the Census. 

Mr. HALE. Not that that is particularly the branch that the 
Senator is looking after? 

Mr. WOLCOTT. Not In the least. I am looking after no par- 
ticular branch. 1 am only desirious that we shall know what 
branches are now under the civil service, what branches arc not, 
how the employments are graded, how the offices are pi-ocured, 
and what ofHees are open to appointment. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolution as modified. 

The resolution as modified was agreed to. 

REVENUE cutter SERVICE. 

Mr. SHERMAN. I oft'er a resolution which Isend to the desk, 
and ask for its adoption, if there be no objection. 

The VICE-PRESIDENT. The resolution will be read. 

The resolution was read, as follows: 

Rfsolred, That the Secretary of the Treasury be directed to furnish the 
Senate a detailed staieiiicnt of the saving or increase in theanuual expenses 
of the Revenue Cutter .Service which would result from the transfer of said 
service from the Treasury to the Na\'y Department. 

The VICE-PRESIDENT. Is there objection to the in-escnt 
consideration of the resolution? 



2494 



CONGRE.SHIONAL EECOED— HOUSE. 



Maech 24, 



Mr. CHANDLER. I ask that the resolution go over. 
The VICE-PRESIDENT. Tlio resolution goes over. 

EULOGIES ON THE LATE SENATOR HEARST. 

On motion by Mr. STEWART, it was 

Oiih'red, That the time fixed for offering and considering resolutions com- 
memoratlvo of the lite, character, and public services of the late Senator 
Ironi California, George Hearst, heretofore fixed for this day at 3 o'clock 
p. ni., be x>oslponed until to-morrow at 3 o'clock p. in. 

EXECUTIVE SESSION. 

Mr. SHERMAN. I move that the Senate proceed to the con- 
Bidoration of executive business. 

Tiie motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After three hours and thir- 
ty-seven minutes spent in executive session the doors were re- 
opened, and (at 4 o'clock and 40 minutes p. m.) the Senate ad- 
journed until to-morrow, Friday, March 25, 1892, at 12 o'clock m. 



HOUSE OP EBPEESENTATIVES. 

Thursday, March 24, 1893. 

The House met at 12 o'clock m. Prayer by the Chaplain, 
Rev. W. H. MiLBURN, D. D. 

The Journal ot the proceedings of yesterday was read and ap- 
proved. 

PUBLIC PRINTING AND BINDING. 

The SPEAKER laid before the House a letter from the Secre- 
tary of War, recommending an amendment to the bill (S. 1549) 
providing for the public printing and binding and the distribu- 
tion of public documents; which was referred to the Committee 
on Printing. 

REPORT OF THE FISH COMMISSION. 

The SPEAKER also laid before the House Senate concurrent 
resolution ))roviding for the report ot the Commissioner of Fish 
and Fisheries for the fiscal years 1889-'90 and 1890-'91: which was 
referred to the Committee on Printing. 

.SENATE BILLS REFERRED. 

The SPEAKER also laid Ijefore the House bills of the Senate 
of the following titles; which were read twice, and referred as 
indicated: 

A bill (S. 323) granting a pension to Thomas Cooper — to the 
Committee on Invalid Pensions. 

A bill (S. 372) granting a pension to Ralph Waldo Nason — to 
the Committee on Invalid Pensions. 

A bill (S. 525) making appropriation for the construction of a 
boat railway at The Dalles and Cclilo FaUs and Ten Mile Rapids 
of the Columbia River, and for the improvement of Three Mile 
Rapids — to the Committee on Railwaj^s and Canals. 

A bill (S. 541) making appropriations for the purpose of secur- 
ing the early completion of the canal and locks at the Cascades 
of the Columbia River — to the Committee on Railways and Ca- 
nals. 

A bill (S. 622) to amend an act entitled "An act for the relief 
of certain settlers on the public lands, and to provide for the re- 
l^ayment of certain fees, purchase money, and commissions jmid 
on void entries of public lands" — to the Committee on Public 
Lands. 

A bill (S. S.")!) granting a pension to Sophia J. Hamilton — to 
the Committee on Invalid Pensions. 

A bill (S. 1331) granting an increase of pension to Stephen D. 
Smith — to the Committee on Invalid Pensions. 

A bill (S. 1474) granting a pension to Marilla Parsons, ot De- 
troit, Midi. — to the Committee on Invalid Pensions. 

A bill (S. 1596) to grant a pension to Martha Noble Brainerd — 
to the Committee on Invalid Pensions. 

A bill (S. 1793) to legalize the deed and other records of the 
Office of Indian Affairs, and to provide and authorize the use of a 
seal by said offlee — to the Committee on the Judiciary. 

A bill (S. 1878) to increase the pension of Ambrose B. Carlton — 
to I lie Committee on Pensions. 

S. 2015) to amend the act incorporating the Washington 
and cfeorgetown Railway Company — to the Committee on the 
District of Columbia. 

A bill (S. 2045) to provide for the rebuilding ot the bridge 
i\n-rr^ Rock Creek at M street N W. , in the District ot Columbia — 
to tno Committee on the District ot Columbia. 

A bill (S. 2049) to authorize the Secretary ot the Interior to 
carrj- into et^ect certain recommendations of the Missouri Indian 
Commission and to issue patents tor certain lands — to the Com- 
mittee on Indian Affairs. 

A bill (S. 2106) granting an increase of pension to Thomas M. 
Chill — to the Comn;ittee on Pensions. 



A bill (S. 2109) to improve the navigation and to afford ease 
and safety to the trade and commerce of the Mississippi River, 
and to prevent destructive floods, with au appropriation there- 
for — to the Committee on Levees and Improvement of the yiis- 
sissippi River. 

A bill (S. 2498) to authorize the sale of the old custom-house 
and post-office in Wilmington, Del. — to the Committee on Public 
Buildings and Grounds. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted to Mr. 
Walker for eight days, from Friday at 5 o'clock, on account of 
important business. 

MESSAGE FROM THE PRESIDENT. 

A message in writing from the President ot the United States 
was communicated to the House of Representatives by Mr. 
Pruden, one of his secretaries. 

It also announced that the President had approved and signed 
bills of the following titles: 

An act (H. R. 6876) to provide for certain ot the most urgent 
deficiencies in the apisropriatious for the service of the Govern- 
ment for the fiscal year ending June 30, 1892; 

An act (H. R. 3980) ratifying the act of the SLxteeflth Territorial 
Legislative Assembly of Arizona, approved March 19, 1891, mak- 
ing appropriation in aid of Arizona exhibit at the World's Co- 
lumbian Exposition: 

Au act (H. R. 68;36) making appropriations to supply a deficiency 
in the Department of Agriculture, and for other purposes: and 

An act (H. R. 5755) to ijrovide for terms of the United States 
circuit and district courts at Cumberland, Md. 

ORDER OF BUSINESS. 

Mr. WARNER. J\Ir. Speaker, I ask unanimous consent for 
the immediate consideration ot the resolution I send to the desk. 

Mr. BLAND. Mr. Speaker, I shall be compelled to demand 
the regular order. 

I ask that the morning hour for the call of committees be dis- 
pensed with. 

Mr. OUTHWAITE. I object. 

]\Ir. BUCHANAN of New Jersey. The gentleman himself just 
demanded the regular order. 

The SPEAKER. The regular order is the call of committees 
for reports. 

The committees were called, when reports were submitted, 
ordered to be printed, and referred to the Calendars indicated be- 
low: 

SCHOOL OF MINES, COLORADO. 

By Mr. TOWNSEND, from the Committee on the Public Lands: 
The bill (S. 1374) to aid the State of Colorado to support a school 
of mines — to the Committee of the Whole House on the state of 
the Union. 

LINE BETWEEN UNITED STATES LANDS AND PITTSBURG, FORT 
WAITJE AND CHICAGO RAILWAY COMPANY. 

By Mr. AMERM AN, from the Committee on the Public Lands: 
A bill (H. R. 402) to establish a division line between the lands 
ot the United States and the Pittsburg, Fort Wayne and Chicago 
Railway Company — to the House Calendar. 

PUBLIC BUILDING, OAKLAND, CAL. 

By Mr. NEWBERRY, from the Committee on Public Build- 
ings and Grounds: A bill (H. R. 63) to provide for the purchase of 
a site for and the erection of a public building at Oakland, in the 
State of California— to the Committee ot the Whole House on 
the state of tbe Union. 

PUBLIC BUILDING, FOND DU LAC, WIS. 

By Mr. NEWBERRY, from the Committee on Public Build- 
ings and Grounds: A bill (H. R. 495) for the erection of a public 
building at Fond du Lac, Wis. — to the Committee of the Whole 
House on the state of the Union. 

PUBLIC BUILDING, SALEM, OREGiON. 

By Mr. NEWBERRY, from the Committee on Public Build- 
ings and Grounds: A bill (H. R. 348) for the construction of a 
public building at Salem, Oregon — to the Committee of the 
Wliole House on the state of the Union. 

PUBLIC BUILDING, HELENA, MONT. 

By Mr. NEWBERRY, from the Committee on Public Build- 
ings and Grounds: A bill (H. R. 263) for the purchase of a site 
and the erection ot a pulilic building at Helena, Mont. — to the 
Committee ot the Whole House on the. state of the Union. 

REFORMATORY FOR WOMEN, DISTRICT OF COLUMBIA. 

By Mr. CADMUS, from the Committee on the District of Co- 
lumbia: A bill (H. R. 5097) for the erection ot a reformatory and 
house of detention for women charged with and convicted of 



1892. 



CONGRESSIOI^AL EECOED— SENATE. 



2559 



Ho also presented the following petitions of Brush Prairie, 
Bear Prairie, La Camas, and Charter Oak Granges, Patrons of 
Husbandry, of Washington: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk culture — ordered to lie on the table. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products— referred to the Committee on the Ju- 
diciary. 

Petitions praying for the passage of House bill 39.5, defining 
lard and imposing a tax thereon— ordered to lie on the table. 

Petitions praying for the passage of a bill to prevent the adul- 
teration of food and drugs— ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts— referred' to the Committee on Post-Offices and Post- Roads. 

IMr. PELTON presented a petition of citizens of Riverside, Cal., 
praying for the passage of legislation for the ceding of arid lands 
to the respective States in which they are situated: which was 
referred to the Committee on Irrigation and Reclamation of 
Arid Lauds. 

He also presented a petition of Stockton Grange, Patrons of 
Husbandry, of California, praying for the passage of legislation 
for the building of the Nicaraguan Canal; which was referred to 
the Committee on Foreign Relations. 

He also presented a memorial of the directors and stockholders 
of the Anaheim Cooperative Beet Sugar Company, of Orange 
County, Cal., signed by 300 members, remonstrating against the 
repeal of the sugar bounty; which was referred to the Commit- 
tee on Finance. 

He also presented the following petitions of Magnolia and Stock- 
ton Granges, Patrons of Husbandry, of California: 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petitions praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petitions praying for the passage of a bill to prevent the adul- 
teration of food and drugs— ordered to lie on the table. 

Petitions praying tor the free delivery of mails in rural dis- 
tricts-referred to the Committee on Post-Offices and Post- Roads. 

Mr. BACKBURN presented a petition of citizens of Lexing- 
ton, Ky., praying for" the adoption of an amendment to the Con- 
Btitution of the United States prohibiting any legislation by the 
States respecting an establishment of religion or making an ap- 
propriation of money for any sectarian purpose; which was re- 
ferred to the Committee on the Judiciary. 

Mr. COKE presented a petition of citizens of Navarro County, 
Tex., and a petition of citizens of Refugio County, Tex., praying 
for the passage of legislation regulating speculation in fictitious 
farm products; which were referred to the Committee on the 
Judiciai'y. 

Mr. PEPFER presented a petition of citizens of Jenny Lind, 
Ark., praying that homestead privileges be incorporated in the 
arid land bill; which was referred to the Committee on Irrigation 
and Reclamation of Arid Lands. 

He also presented the following petitions of Bellflower Grange, 
Patrons of Husbandry, of Kansas: 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petition praying for the passage of House bill 395, defining lard 
and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Offices and Post-Roads. 

Petition praying for the passage of a bill making certain issues 
of money full legal tender in payment of all debts — referred to 
the Committee on Finance. 

Mr. CULLOM i)rescnted a memorial of citizens of Logan 
County, 111., remonstrating against the passage of what are known 
as the Washburn-Hatch antioption bills; which was referred to 
the Committee on the Judiciary. 

He also presented a petition of citizens of Edwards County, 111., 
pi'aying for the passage of what are known as the Washburu- 
Hatch antioption bUls; which was referred to the Committee on 
the Judiciary. 

He also presented the following petitions of Knox Henry 
Grange, Patrons of Husbandry, of Illinois: 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture— ordered to lie on the table. 

Petition iiraying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Mr. DAVIS presented a petition of citizens of Otter Tail 



County, Minn.: apotitionof citizens of Blue Earth County, Minn.; 
a petition of citizens of Jackson County, Minn.; apetition of citi- 
zens of Noble County, Minn.; apetition of citizens of Waseca 
County, Minn., and a petition of citizens of Washington County, 
Minn., praying for the enactment of a law imposing a tax upon 
speculation iu fictitious farm products; which were referred to 
the Committee on the Judiciary. 

Mr. HAWLEY presented the following petitions of Morris 
Grange, Patrons of Husbandry, of Connecticut: 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture — ordered to lie on the table. 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petition praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Offices and Post-Roads. 

Mr. HANSBROUGH presented a petition of citizens of Sar- 
gent County, N. Dak., and a petition of citizens of Cass County, 
N. Dak., praying for the enactment of legislation regulating 
speculation in fictitious farm products; which were referred to 
the Committee on the Judiciary. 

Mr. SAWYER presented a petition of citizens of Portage and 
Waupaca Coimties, Wis., praying for the passage of the Wash- 
burn-Hatch antioption bills; which was referred to the Commit- 
tee on the Judiciary. 

Mv. TELLER presented a memorial of citizens of Kit Carson 
County, Colo., remonstrating against the cession of the arid 
lands to the States; which was referred to the Committee on Ir- 
rigation and Reclamation of Arid Lands. 

He also presented a petition of citizens of Ouray, Colo., pray- 
ing for the passage of the free-coinage bill; which was referred 
to the Committee on Finance. 

Mr. SHERMAN presented a petition of the United Presby- 
terian Church of Roneys Point, W. Va., and a petition of the 
Woman's Missionary Society of the United Presbyterian Church 
of Sidney, Ohio, praying that the World's Columbian Exposition 
be closed on Sunday; which were referred to the Committee on 
the Quadro-Centennial (Select). 

MISSISSIPPI EI\':ER IMPR0\T3MENT. 

Mr. GIBSON of Lousiana. I present a petition of the Mer- 
chants' Exchange, representatives of industrial bodies, and the 
municipal government of St. Louis, Mo., to the Fifty-second Con- 
gress of the United States, in favor of the improvement of the 
navigation of the Mississippi River. 

Mr. President, as this is a very important document, I ask that 
it may be printed and referred to the Committee on Printing, 
with an order to print 2,000extra copies. It is full of interesting 
facts and statements in respect to the improvement of the Mis- 
sissippi River. 

The VICE-PRESIDENT. The memorial will be printed as a 
document, if there be no objection, and referred to the Commit- 
tee on Printing, with the accompanying order; which will be 
read. 

The order was read and referred to the Committee on Print- 
ing, as follows: 

Ordered. That 2,000 copies of the memorial of the Merchants' Exchange, 
representatives of iudustrial bodies, and the mtmlclpal government of St. 
Louis, to the Fifty -second Congress of the United State.s. in f.avor of the im- 
provement of the navigation ot the Mississippi River, be printed. 

REPORTS OF COMMITTEES. 

Mr. HAWLEY. from the Committee on Military Affairs, to 
whom was referred the bill (S. 2699) to repeal section 16, chap- 
ter :^94, ot the act approved July 15, 1870, "making appropria- 
tions for the support of the Army for the fiscal year ending .Tune 
30, 1871," relating to brevets, reported it without amendment, 
and submitted a report thereon. 

Mr. PADDOCK. From the Committee on Pvtblic Lands, I re- 
port back, with an amendment in the nature of a substitute, the 
bill (S. 782) to provideforthead.]ustment of certain sales of lands 
in the late reservation of the Confederated Otoe and Missouria 
tribes of Indians in the States of Nebraska and Kansas, and I 
submit a written report. I move that the bill, with the amend- 
ment and report, be referred to the Committee on Indian Affairs, 
as it relates to an Indian matter as well as a public-land matter. 

The motion was agreed to. 

Mr. PL.'VTT, from the Committee on Territories, to whom was 
referred the bill (S. 2373) to establish the boundaries of the Yellow- 
stone National Park, and for other purposes, reported it with an 
amendment. 

Mr. PLATT. I am directed by the Committee on Tori'itorics 
to report back favorably with an amendment the bill (H. R. 5499) 



2560 



CONGEESSIONAL EEOORD— SENATE. 



Maech 25, 



to amend an act entitled "An act approving- with amendments 
tlie funding act of Arizona," approved June 25, 1890, together 
witli a written report. 

I wish to state that as there is pressing necessity for the pas- 
sago of this bill, if it is to he passed, I shall ask the unanimous 
consent of the Senate to call it up at an early day. I do not ask 
a(_'tion on it this morning, because I desire to have the report 
printed. ' 

The VICE-PRESIDENT. The bill \vill be placed on the Cal- 
endar. 

Mr. PERKINS, from the Committee on the District of Colum- 
bia, towhomwasi'eforred the bill(S. 4533) forthe relief of holders, 
of drawback certificates issued under an act of Congi'ess approved 
Juno 2, 1890, reported it without amendment, and submitted a re- 
port thereon. 

Mr. STOCKBRIDGE, from the Committee on Fisheries, to 
whom was referred the bill (S. 1126) for the establishment of a 
fish-hatchery in the State of Montana, reported it with an amend- 
ment, and submitted a report thereon. 

Mr. PROCTOR, from the Committee on Military Affairs, to 
whom was referred the bill (S. 711 ) to reappoint Warren C. Beach 
a captain in the Army, and to place him on the retired list in ad- 
dition to the number now authorized, submitted an adverse re- 
port thereon; which was agreed to, and the bill was postponed 
indefinitely. 

' ' McMillan, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (S. 2619) to vacate that 
part of Madison street, Georgetown, west of Back street, and ex- 
tend Y street in Burlcith, in the District of Columbia, reported 
it without amendment, and submitted a report thereon. 

Mr. BLODGETT, from the Committee on Pensions, to whom 
was referred the bill (H. R. 4288) authorizing the payment of the 
pension of Edward S. Smith, accrued at the date of his death, to 
his mother, Catherine, reported it without amendment, and sub- 
mitted a report thereon. 

Mr. WOLCOTT, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (S. 2(J51) for the protection 
of boarding-house keepers, reported adversely thereon, and the 
bill was postponed indefinitely. 

BILLS INTRODUCED. 

Mr. SAWYER introduced a bill (S.2720) to encourage postal 
savings, especially in districts i-emote from money depositories, 
to invest the same, and to divide earnings among depositors; 
which was read twice by its title, and referred to the Committee 
on Post-Offices and Post-Roads. 

Mr. PERKINS introduced a bill (S. 2721) granting an honor- 
able discharge to John Summers; which was read twice by its 
title, and referred to the Committee on Military Affairs. 

Mr. COKE introduced a bill (S. 2722) appropriating funds for 
investigations and tests of American timber; which was read 
twice by its title, and referred to the Committee on Agriculture 
and Forestry. 

Mr. SHERMAN introduced a bill (S. 2723) granting a pension 
to Sarah Riheldarfer; which was read twice by its title, and. 
with the accomjianyiug papers, referred to the Committee on 
Pensions. 

Mr. CULLOM introduced a bill (S. 2724) granting a pension 
to Mary A. Gannett: which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. CALL introduced a bill (S. 2725) granting a pension to 
William P. Butler; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. COCKRELL introduced a liill (S. 2726) granting a pension 
to Henry Sands: which was read twice by its title. 

Mr. COCKRELL. I ]iresent the petition of Henry Sands, of 
Cole County, Mo., helpless and dependent son of Harmon G. 
Sands, late a member of Cole County (Mo.) Home Guards, First 
United States Reserve Corps, pi'aying to be allowed a pension. 
I also pi'esent a certificate from Gen. Wickham, adjutant-gen- 
ei-al of Missouri, as to the record of Harmon G. Sands, the father, 
and an affidavit of Dr. J. L. Thoi-pe, and an affidavit of W. H. 
Lusk and Martin Niemeyer to accompany the bill. 

I move that the bill, with the accompanying papers, be referred 
to the Committee on Pensions. 

The motion was agreed to. 

Mr. CAREY introduced a bill (S. 2727) to enable the people of 
the Territory of Utah to provide forthe collection, arrangement, 
and display of the products of said Territory at the World's Co- 
lumbian E.xposition of 1893; which was read twice by its title, 
and referred to the Committee on Territories. 

DISTRICT MEMORIAL ASSOCIATION. 

Mr. CULLOM submitted the following concurrent resolution; 
which was considered by unanimous consent, and agreed to: 

Beit resolved by the Senate (the Bouse of Jleji resent at ii'es concurring). That 
in pursuance of a certlflcate of incorporatiou of the "Memorial Association 



of the District of Columbia," signefl by Melville W. Fuller, John M. Scho- 
field, John W. Foster, B. H. Warner, S. P. Langley, A, B. Hacner, J. C. Ban- 
croft Davis, Walter S. Cox, S. H. Kauflmau, A. K. Spofford, John Hay, J. W. 
Douglass, Myron M. Parker, Gardiner G. Hubbard, W. D. Davidge, S. S. 
Franklin, Charles C. Glover, and Teunis S. Hamlin, and recorded March 21, 
1892, the President of the United States, the President of the Senate, and the 
Speaker of the Hou.se of Representatives be, and they hereby are, authorized 
and directed to appoint each six citizens of the District of Columbia to be 
members of said association, and to serve for the terms of one, two, and three 
years respectively as they may determine by lot, and thereafte;- to appoint 
annually cacli two members to serve for three years. 

EXECUTIVE SESSION. 

The VICE-PRESIDENT. Is there further morning business? 
If not, that order is closed and the Calendar under Rule VIII is 
in order. 

Mr. SHERMAN. I move that the Senate proceed to the con- 
sideration of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After two hours and twenty- 
five minutes spent in executive session the doors were reopened. 

COURTS IN WEST VIRGINIA. 

Mr. WILSON. I ask leave to submit a i-eport. I am directed 
by the Committee on the Judiciary, to whom was referred the 
bill (S. 2643) changing the time for holding the circuit and dis- 
trict courts in the district of West Virginia, to report it back 
favorably witliout amendment. The Senators from West Vir- 
ginia are anxious to have the bill passed, inasmuch as it provides 
for changes that will take effect, if the bill becomes a law, in 
April. I ask unanimous consent that the bill may be acted upon 
now. 

By imanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, and 
passed. 

PUBLIC BUILDING AT HELENA, MONT. 

Mr. SANDERS. I ask unanimous consent to call up the bill 
(S. 880) to provide for the construction of a public building at 
Helena, Mont. I think we can complete the bill before the 
special order set for 3 o'clock. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the bill? 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill (S. 880) to jirovide for the 
construction of a public building at Helena, Mont. 

The bill was reported to the Senate without amendment, or- 
dered to be engi'o.ssed for a third reading, read the third time, 
and passed. 

VALUE OF THE DOLL,\R. 

Mr. STANFORD. I desire to give notice that on Tuesday 
next, after the morning busine.ss, I shall, with the consent of the 
Senate, call up the bill (S. 2397) to determine the value of a legal- 
tender dollar, for the purpose of submitting a few remarks 
thereon. 

ADJOURNMENT TO MONDAY. 

On motion of Mr. BUTLER, it was 

Ordered, That when the Senate adjourn to-day, it be to meet on Monday 
next. 

EULOGIES ON THE LATE SENATOR HEARST. 

Mr. STANFORD. Mr. President, I offer the resolutions which 
I send to the desk, and ask that they may be read. 

The VICE-PRESIDENT. The resolution submitted by the 
Senator from California will he read. 

The resolutions were read, as follows: 

"Resotred, That the Senate has heard with prof oimd sorrow of the death of 
George Hearst, late a Senator from the State of California. 

''Resolved, That as a mark of respect to the memory of the deceased, the 
busiuess of the Senate be now suspended to enable ills associates to pay 
proper tribute of regard to his high character and distinguished public serv- 
ices. 

-Jtesolced. That the Secretary of the Senate commimicate these resolutions 
to the House of Representatives" — 

The VICE-PRESIDENT. The question is on agreeing to the 
resolutions 

The resolutions were agreed to unanimously. 

Mr. STANFORD. Mr. President, the death of Senator Geoi'<;e 
Hearst occurred so near the close of the last session of Congress 
that we had no opportimity to pay any extended tributes of re- 
spect to his memory in this Chamber. 

It is for this reason that I have introduced the resolutions which 
have just been read. 

In March, 1850, a young man was traveling westward across 
the continent, on foot, beside an ox wagon. Hisoutfitandasmall 
sum of money in his pocket were his only possessions, and he was 
marching 2,000 miles through an uninhabited country to seek his 
fortune. 

In March, 1891, the same man was crossing the same plains. 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



2581 



for the free delivei-y of mails — to the Committee on the Post- 
OfBce and Post-Roads. 

Also, petition of J. W. Stephens and others of the Eighth Illi- 
nois district, for keeping the Columhian Fair open on Sunday — 
to the Select Committee on the Columbian Exposition. 

By Mr. STONE of Pennsylvania: Petition of Green River 
Grange, encouraging silk culture, to prevent gambling in farm 
products, and the adulteration of food and drugs— to the Com- 
mittee on Agriculture. 

Also, petition of the same body, for a free delivery of rural 
mails— to the Committee on the Post-Office and Post-Roads. 

Also, petition of the same body, for a pure-lard law— to the 
Committee on Ways and Means. 

By Mr. STORER: Resolutionsof William Nelson Post, Grand 
Army of the Republic, praying for preference of veterans in ap- 
pointments to positions under Government — to the Select Com- 
mittee on Reform in the Civil Service. 

By Mr. STOUT: Stephen Wiles and others of Montrose, Mich., 
asking for an increased tax on cigarettes— to the Committee on 
Ways and Means. 

By Mr. VINCENT A. TAYLOR: Resolutions of Watson Di- 
vision, Brotherhood of Locomotive Engineers, of Norwalk, Ohio, 
for legislation compelling railroad companies to usj automatic 
brakes and safety couplers — to the Committee on Interstate and 
Foreign Commerce. 

ByMr.TOWNSEND: Petitionof citizens of Kit Carson County, 
Colo., against ceding or granting the arid lands to the States — 
to the Select Committee on Irrigation of Arid Lands. 

Also, petition of citizens of Kit Carson County, Colo., for pro- 
hibition of contracts for sale of produce for future delivery, known 
as dealing in futures — to the Committee on Agriculture. 

By Mr. TUCKER: Petition and bill for erection of monument 
to George Washington— to the Committee on the Library. 

By Mr. WHEELKR of Alabama: Petition of Ezekial Maci— to 
the Committee on Claims. 

By Mr. WILSON of West Virginia: Petition of W. H. Kilmer 
and others, of Hedgesville, W. Va.. for free delivery of rural 
mails — to the Committee on the Post-Office and Post-Roads. 

Also, petition of E. ,T. Lee and others, of Stephcnstovvn, W.Va.. 
against the removal of the Southern LTte Indians — to the Com- 
mittee on Indian Affairs. 

Also, petition of Forest Grange, Patrons of Husbandry, .Totfer- 
son County, W. Va., in favor of House bill 3.j'J, defining lard — to 
the Committee on Agriculture. 

By Mr. WILSON of Washington: Eight petitions of 12() citi- 
zens of Colfax; of KiO citizens of State of Washington: of 87 citi- 
zens of Wilburn. Wash.; of 115 citizens of Spokane, Wash.: of 
137 citizens of Stevens County, Wash.; of (iS citizens of Spokane; 
of 60 citizens of Spokane, Wash.: and of 8 citizens of Spokane, 
Wash.; for opening of the Colville Reservation, ceded under 
treaty of May, 1891 — to the Committee on Indian Affairs. 

Also, petition of Fern Prairie Grange, relative to pure food — 
to the Committee on Ag-ricultui-e. 

By Mr. WARWICK: Petition of citizens of Paris, Stark 
County, Ohio, favoring the amendment of the immigration laws — 
to the Committee on Immigration and Naturalization. 

Also, petition of First Presbyterian Church. Canton, Ohio, 
against opening Columbian Exposition on Sunday — to the Select 
Committee on the Columbian Exposition. 

Also, petition of Buckeye, Maysville, Jackson, and Perry, en- 
couraging silk culture, to prevent gambling in farm products — 
to the Committee on Agriculture. 

Also, petition of the same bodies, for a free delivery of I'ural 
mails — to the Committee on the Post-Office and Post-Roads. 

Also, petition of the same bodies, for a pure-lard law — to the 
Committee on Ways and Means. 

Also, petition of United Presbyterian Congregation of Woos- 
ter, Ohio, against opening the CoUnnbian Exposition on Sunday — 
to the Select Committee on the Columbian Exposition. 

Also, petition of same body, prohibiting contracts discrediting 
legal-tender cui'rency — to the Committee on Banking and Cui'- 
rency. 

By Mr. WRIGHT: Petition of Granville Center and Gibson 
Star, encouraging silk cultui'e, to prevent gambling in farm 
products, and the adulteration of foods and drugs — to the Com- 
mittee on Agriculture. 

Also, petition of the same bodies, for a free delivery of rural 
mails— to the Committee on the Post-Office and Post-Roads. 

Also, petition of the same bodies, to prohibit contracts dis- 
crediting legal-tender currency — to the Committee on Banking 
and Currency. 

Also, jietition of the same bodies, for a pure-lard law — to the 
Committee on Ways and Means. 

By Mr. YOUMANS: Two petitions from Montcalm County, 
Mich., for free delivery of mails, etc. — to the Committee on the 
Post-Otlice and Post-Roads. 



HOUSE OF EEPRESENTATIVES. 

Saturday, March 26, 189:.'. 

The House met at I2o"clock m. Prayer by the Chaplain. Rev. 
W. H. MiLBUKN. D. D. 

The .Journal of the proceedings of yesterday was i-ead. cor- 
rectedi and approved. 

ORDER OF BUSINESS. 

Mr. MARTIN. Mr. Speaker, I call \ip the special order. 

Ml-. HEMPHILL. Mr. Speaker, I ask the gentleman to allow 
me to submit jorae reports from the Coiimiittee on the District 
Columbia. 

Mr. CULBERSON. And I also wish to submit a resolution, 
which will occupy. I think, but a moment. 

Mr. MARTIN. I yield to the gentleman from South Carolina 
to submit some reports. 

INSTITUTIONS OF LEARNING. DISTRICT OF rOLUMI!!.\. 

Mr. HEMPHILL, from the Committe:! on the District of Co- 
lumbia, reported back the joint resolution (H. Ros. i)2) ta en- 
cjurage the establishment and endowment of institu1i;ras of 
learning at the national capital by defining the policy of the Gov- 
ernment with reference to the use of its literary ;;ad scientific 
crjllections by students: which was referred to the House Cal- 
endar. 

OPENING OF ALLEYS, DISTRICT OF COLUMBIA. 

Mr. HEMPHILL, from the Commit»ee on the District of Co- 
lumbia, reported back the bill (H. R. .'!!I71) to provide for the 
opening of alleys in the District of Columbia; which was re.'errod 
to the House Calendar. 

PERMANENT SYSTEM OF HIGHWAYS, DISTRICT OF COLUMBIA. 

Mr. HEMPHILL, from the Committee on the District of Co- 
lumbia, reported back, as a substitute for the bill (H. R. No. 
40!)). the bill (H. R. 7.584) to provide a permanent system of 
highways in that part of the District of Columbia lying outside 
of cities: w'nich was referred to the Committee of the Whole 
House on the state of the Union. 

CONVEYANCE' OF REAL ESTATE, DISTRICT OF COLUMBIA. 

Mr. HEMPHILL, fro.n the Committee on the District of Co- 
hunbia, reported back the bill IH. R. ()!)22) to amend section 452 
of f h J Revised Statutes, relating to the District of Columbia, con- 
cerning conveyances of real estatj; which was referred to the 
House Calendar. 

PROTECTION OF LIVERY-STABLE KEEPERS, DISTRICT OP CO- 
LUMBIA. 

Mr. HEMPHILL, from the Committee on the District of Co- 
lumbia, reported back the bill (H. R. 3938) for the protection of 
livery-stable keepers and other ))ersons keeping horses at livery 
within the District of Columbia: which was referred 1o the 
House Calendar. 

WATER REVENUES, DISTRICT OF COLUMBIA. 

Mr. HEMPHILL, from the Committee on the District of Co- 
lumbia, reported back the bill (S. 1S84) to prevent fraud upon the 
water revenues of the District of Columbia: v.'hich was referj(ed 
to the House Calendar. 

INSPECTOR OF PLUMBING, DISTRICT OF COLUMBIA 

Mr. HEMPHILL, from the Committee on the District of L'o- 
lumbia. reported back a bill (S. I4!)2) to authorize the appoint- 
ment of an inspector of plumbing. District of Columbia, and foi' 
other purposes: which was referred to the Committee of the 
Whole House on the state of the Union. 

PRACTICE OF DENTISTRY, DISTRICT OF COLUMBIA. 

Mr. HEMPHILL, from the C;)mmittee on the District of Co- 
lumbia, reported back the bill (H. R. 661) for the regulation of 
the practice of dentistry in the District of Columbia, and for the 
protection of the people from empiricism in relation thereto; 
which was I'eferred to the House Calendar. 

PAPER FOR CHECKS, DRAFTS, ETC. 

The SPEAKER laid before the House a letter from the Act- 
ing Secretary of the Treasury, submitting an additional esti- 
mate of appropriation to the one s;ibmitted heretofore, for the 
purchase of paper for checks and ch'afts for the use of the Treas- 
urer of the United States, the assi-it.int treasurers, pension 
agents, etc., for the fiscal year ending .June 30, 1893; which was 
referred to the Committee' on Appropri.ilious. 

OBSOLETE AND UNSERVICEABLE ARMS. 

The SPEAKER also laid before the House a letter from the 
Secretary of War, transmitting a letter from the Chief of Ord- 
nance, recolnmending an amendment to existiug laws in re- 
gai'd to the disposition of obsolete and unserviceable arms, equip- 
ments, etc.. returned to the Ordnance Departmi;nt by the mill- 



2582 



CONGRESSIONAL RECORD— HOUSE. 



Mai^gh 26, 



tia forcos of the United States: which was referred to the Com- 
mittee on the Militia. 

JONATHAN MERKY VS. THE UNITED STATES. 
The SPEAKER also laid before the House a communication 
from the Court of Claims, transmitting a copy of the findings of 
the court in the French spoliation claim of Jonathan Merrj' 
against the United States: which was referred to the Committee 
on Claims. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was gi-anted as fol- 
lows: 

To Mr. CooilBS. until Monday next, on account of important 
business. 

To Mr. Stoker, until Tu'..'sday next, on account of important 
business. 

To Mr. Bunting, vuitil Monday no.xt, on account of important 
business. 

To Mr. LiND, for to-day, on account of committae work. 

To Mr. Hamilton, for this day, on account of important busi- 
ness. 

To Mr. Henderson of Norlh Carolina, for this day, on ac- 
count of sickness. 

withdrawal ob^ papers. 

By unanimous consent, leave was granted Mr. BRECKINRIDGE 
of Iveutucky to withdraw papers from the files of the House in 
the case of William P. Hall, captain Fifth Cavalry. 

ESPENSES OF JUDICIAL INVESTIG.\TION. 

Mr. CULBERSON. Mr. Sj^eaker, I ask iraanimous consent 
for the present consideration of this resolution. 

The Clerk read as follows: 

Hfsoh-fd. That in the investigation now being made by the subcommittee 
of the Committee ou the Judiciary of alleged abuses of process of authority 
by certain offlcers of the Jutiicial Department of the United States Cioveni- 
ment. ou resolution of the House hf*retofore adopted, the chairman of said 
committee be. and ho is hereby, authorized to draw for the expenses of said 
Investigation on the Clerk of the Uotise from the contingent fund of the 
House in sums not to exceed 8500 at any one time. 

The SPEAKER. Is there objection t» the present considera- 
tion of the resolution? 

Mr. DINGLEY. Reserving the i-ight to object, I would like 
to hive the gentleman e.xplain the meaning of this resolution. 
I did not hear the reading of the first part. 

Mr. CULBERSON'. I will state to the gentleman from Maine 
that this investigation was undertaken at the instance of the 
Attorney-General. 

Mr. DINGLEY. What is the investigation? 

^Ir. CULBEH.SOX. An investigation into illegal practices 
charged to have oceurred in several of the courts of the United 
States, abuse of process and so forth. The original resolution 
did not provide for the manner of getting the money out of the 
contingent fund. 

Mr. HENDERSON of Iowa. Is this reported from the Com- 
mittee on the Judiciary? 

Mr. CULBERSON. Yes: a resolution has already been adopted 
providing for this investigation, but there v,-as no provision with 
reference to payment of the money for necessary expenses. 

the SPEAKER. Is there objection to the present considera- 
tion of this resolution? 

There was no objection. 

The SPEAKER. The question is on agreeing to the resolu- 
tion. 

The question being taken, the Speaker announced that the ayes 
seemed to have it. 

Mr. BAILEY. Mr. Speaker, I was on my feet to demand a di- 
vision. It is plain there is no quorum present. 

The House divided; and there were — ayes 94, nays 1. 

Mr. BAILEY. I make the point of no quorum, Mr. Speaker. 

The SPEAKER. The gc-ntleman from Texas [Mr. Bailey] 
makes the point that no quorum has voted. 

Mr. CULBERSON. I am occupying the floor by the courtesy 
of the gentleman from Indiana [Mr. M.artin], and I will withdraw 
this resolution. 

Mr. MARTIN. I demand the regular order. 
PENSIONS. 

The SPEAKER. The gentleman from Indiana demands the 
regular order. The Clerk will report the special order. 

The Clerk read from the Journal of the proceedings of March 
19, 1892, as follows: 

On motion of Mr. Martin, by unanimous consent. 

Ordered, That the bills reported from the Committee of the Whole House at 
he evening session yestei'day be considered on Satiu'day. March -C. 1893, 
mmediately after the reading' of the Journal- 
Mr. MARTIN. In connection with that I would like to have read 
the agreement made on last Friday evening concerning these 
bills. 



The Clerk read as follows: 

Mr. Martik. I ask unanimous consent that the previotrs question be con- 
sidered as ordered on the engrossment and third reading of the bills. 

The Speakku j?ro ^t/«/j(?;'e'. The gentleman froni Indiana asks unanimous 
consent that the previous question beconsidered as ordered ou the bills which 
have been reported from the Committee of the Whole, together with the 
amendments, to extend to the engrossment and third reading of the bills. 
Is there objection? 

Mr. Bailey. That still leaves them oi^en for debate? 

The .Speakkk pro tempore. It does not apply to the pas.sage of th,e bills. 

Mr. B.\iLKV. Then I understand that debate will be permitted by the gen- 
tlemen in charge of the bills. If so, I will agree to that. 

Mr. Martin. 1 have no objection. 

The iieEji.KjiK pro tempore. Is there objection. [After a pause.] The Chair 
hears none. Under the rules of the House, the hour of 10; 30 having ar- 
rived 

Mr. DoCKERV. llie previous question has been ordered on the engross- 
ment and t bird reading of the bills. Now, I desire to ask that by unanimous 
consent the previous question be considered as ordered on the passage of 
the bills. 

The Speaksr pro tempore. The Chair thinks that the gentleman can not 
carry the previous question to the passage of the bills. The gentleman can 
only have it ordered to the engrossment and thii'd reading of the bills. 

Mr. DocKF.KY. The previous question ha,s already been ordered on the en- 
gros-smeut and third reading by tmanimons consent. 

Mr. Tk.acev. Yoti can do anything by unanimous consent. 

Mr. DocKERY. Now, I ask imanimous consent that the previous question 
beconsidered as ordered on the passage of the bills, with the right of ten 
minutes' debate ou each bill on either side. [CYies of " That is right 1 "J 

The Spe.\keb pro tempore. The Chair doss not so undei'stand the rule. 
The Chair thinks you can not carry the previous question any further than 
the engrossment and third reading of the bills. 

Mr. DOCKERY. Was there not a further order? 

Mr. RICHARDSON. There was a subsequent order, if I may 
be permitted to say so, making the bills a special order for to- 
day. 

The SPEAKER. That has been read. The gentleman sim- 
ply had this extract from the Record read to show the agree- 
ment. The Clerk will report the first bills reported from the 
committee. 

SARAH L. HENDERSON. 

The Clerk read as follows: 

Be it marled, rlr.. That the Secretary of the Interior be, and he is hereby, 
authorized and dii'ected to place on the pension roll, at the rate of S'.M per 
month, the name of Sarah L. Henderson, a hospital ntirse dm-ing the civil 
war. 

The SPEAKER. The Clerk will report the amendment. 
The Clerk read as follows: > 

In line 5 strike out the word ■ twenty" and Insert the word " twelve;" so 
that it will read: 

■At the rate of SrJ per month." 

The SPEAKER. The question is upon agreeing to the amend- 
ment. 

The question being taken, tlio Speaker announced that the 
ayes seemed to have it. 

Mr. BAILEV. I demand a division. Evidently there is no 
quorum here. 

Mr. DOCKERY. I telievo the amendment reduces the 
amount? 

A Member. It reduces it from $20 to $12 per month. 

On the division there wore — ayes 110, noes none. 

Mr. BAILEY. No quorum. 

The SPEAKER. Tlie gentleman from Texas makes the point 
that no quorum has voted. 

Mr. MARTIN. I demand the yeas and nays. 

The yeas and nays were ordered. 

The question was taken: and there were — yeas 188, nays 4, not 
voting 138; as follows: 

YEAS— 188. 

Edmunds. 



Abbott. 

Alexander. 

Allen. 

Amerman. 

Arnold. 

BabbUl. 

Bacon. 

BailPV. 

Baker. 

Baulihead. 

Barwig. 

Beemau. 

Beliicn. 

Belknap. 

Beltzhoovcr. 

Bcntley, 

Bloimt, 

Boutelle, 

Bowers. 

Breckim-idge. Ky. 

Bretz, 

Brickner, 

Broderick. 

Brookshire. 

Broslus. 

Brunner. 

Bryan. 

Buchanan. \'a 

Burrows. 

Busey. 

Bushnell. 

Butler. 



Cadmus. 

Caldwell. 

Camiuelti. 

Capeh.art. 

Carulh. 

Castle. 

Cate. 

Causey, 

Chipmau. 

Clark. Wvo. 

Clarke. jVla. 

Clover, 

Cobb, Ala. 

Cobb, Mo. 

Cogswell, 

Coolidge. 

Cox, N. Y. 

Cox. Tenn. 

Craig. Pa. 

Crosby, 

Curtis. 

Daniell. 

Davis. 

De Armond. 

De Forest. 

Dickerson. 

Dingley. 

Dixon. 

Doan. 

Dockery. 

DoUiver, 

Dungan, 



Everett, 

Fellows, 

Fithian, 

Flick, 

Foimey, 

Funston, 

Gantz, 

Goodnight. 

Gorman. 

Grady, 

Greenleaf, 

Grout, 

Hall, 

Hallowell, 

Hamilton, 

Harmer, 

Harter, 

Hatch, 

Haugen, 

Hayes, Iowa 

Hajmes, Ohio 

Heard, 

Hemphill, 

Henderson. Iowa 

Herbert. 

Hermann. 

Hitt. 

Hoi man. 

Hooker. Miss. 

Hooker, N. Y. 

Hull, 



Johnson, N. Dak. 

JoUer, 

Kribbs, 

Kyle, 

Lanham, 

Lapham, 

Lay ton, 

Lester, Ga. 

Lewis, 

Lind, 

Livingston, 

Lockwood, 

Lodge, 

Long, 

Loud, 

Martta. 

McGann, 

McKaig, 

McKenna. 

McKiimey, 

McMillin, 

McRae, ' 

Meredith, 

Meyer, 

Miller, 

MlUiken, 

Montgomery, 

Moore, 

Moses. 

Newberrv, 

O'Donnell, 

OFerrall, 



1892. 



CONGRESSIONAL RECORD— SENATE. 



2(501 



the following bills; in which it requested the conaurrence of the 
Senate: 

A bill (H. R. 670) granting a pension to Ellen Maguire: 

A bill (H. R. 721) granting a pension to Esther Doolittle; 

A bill (H. R. 723) granting a pension to Sarah L. Henderson; 

A bill (H. R. 724) granting a pension to Jane Shierrj-; 

A bill (H. R. 1078) to pension Jane Allen: 

A bill (H. R. 1084) to remove the charge of desertion now 
standing against Michael Keefe, deceased: 

A bill {H. R. 1425) for the relief of Wells Cheney; 

A bill (H. R. 1445) for the relief of Kate P. Mitchell, daughter 
of Stephen Mitchell, late of the Fifth Maine Battei-y; 

A bill {H. R. 1528) to pension Samuel O. Fisher, of Lynn, 
Mass.: 

A bill (H. R. 1738) to pension Mrs. Adelia S. Ferris: 

A bill (H. R. 1938) granting a pension to Caroline E. Quigg. 
formerly C. Elizabeth Henry, an army nurse in the late war: 

A bill (H. R. 2425) granting a pension to Mrs. Jennie Vaughau: 

A bill (H. R. 2433) granting a pension to Elizabeth Kelly; 

A bill (H. R. 2436) granting a pension to Bridget Maloy; 

A bill (H. R. 3199) to pension Margaret Turner; and 

A bill (H. R. 3204) to pension Lewis L. Lane. 

The message also announced that the House had passed the 
joint resolution (S. R. 49) construing article 4 of the agreement 
with the Citizen band of Pottawatomie Indians in Oklahoma 
Territory and elsewhere. 

ENROLLED BILLS .SIGNED. 

The message further announced that the Speaker of the House 
had signed the following enrolled bills; and they were thereupon 
signed by the Vice-President: 

A bill (H. R. 497) to determine the sessions of the circuit and 
district courts of the United States for the eastern district of 
Wisconsin; 

A bill (H. R. 1487) to remove the political disabilities of John 
R. P. Tatnall: 

A bill (H. R. 3885) to increase the pension of George R. Allen: 

A bill (H. R. 5891) to authorize the appointment of clerk for 
the circuit and district courts in the Texarkana division of the 
eastern district of Arkansas; and 

A hill (S. 444) granting to the State of South Dakota section No. 
36 in to\viiship No. 94 north of range No. 56 west, in the county 
of Yankton, in said State, for the purpose of an asylum for the 
insane, to correct an act approved June 16, 1880. attempting to 
make such grant to the Territorj- of Dakota, and for other pur- 
poses. 

BILLS INTRODUCED. 

Mr. WILSON introduced a bill {S. 27.30) granting an honorable 
discharge to William B. Barnes: which was read twice by its 
title, and, with the accompanying papers, referred to the Com- 
mittee on Military Affairs. 

Mr. McMillan introduced the following bills; which were 



severally read twice by their titles, and referred to the Commits' ' 'MWJtT Bunton to the Court of Claims," approved March 

foe on the District of Columbia: -• ^^^^- W tfifec 



A bill (S. 2731) making an approin'iation for the expenses oU, 



the twenty-sixth annual encampment of the Grand Army of th^ 
Republic to be held in Washington, D. C: 

A bill (S. 2732) to authorize the Commissioners of the District 
of Columbia to make regulations for the control of the bridge's 
within the District of Columbia, and for other purposes; 

A bill (S. 2733) to provide for the i-ebuilding of the bridgi 
across Rock Creek at P street northwest, in the District of 
lumbia: and 

A bill (S. 2734) to provide for the rebuilding of the bridge 
across Rock Creek at K street northwest, in the District of «^^ 
lumbia. 

Mr. GALLINGER (by reqviest) introduced a bill (S. 2735) to 
pension Edmund Pendleton Gaines; which was read twice by its 
title, and referred to the Committee on Pensions. 

Mr. WQLCOTT introduced a bill jS. 2736) to aid the State of 
Colorado to support a State university; which was read twice 
by its title, and referred to the Committee on Public Lands. 

Mr. SHERMAN (by request) introduced a bill (S. 2737) for the 
relief of John A. Lynch; which was read twice by its title, and 
referred to the Committee on Claims. 

He also introduced a bill (S. 2738) granting a pension to :Mrs. 
Mary Clute; which was read twice by its title, and referred to 
the Committee on Pensions. 

He also introduced a bill (S. 2739) for the relief of James Petty; 
which was read twice by its title, and referred to the Committee 
on Military Affairs. 

Mr. PERKINS introduced a bill (S._2740) providing, within 
designated limits, for the diversion of natural waters and their 
appropriation to beneficial uses, and for the regulation thereof; 
which was read twice by its title, and referred to the Committee 
on Irrigation and Reclamation of Arid Lands. 



He also introduced a bill (S. 2741) granting an honorable dis- 
charge to Albert G. Romine: which was read twice by its title, 
and referred to the Committee on Military Affairs. 

He also (by request) introduced a bill (S. 2742) for the relief and 
classification of letter carriers in second-class post-oflSces; which 
was read twice by its title, and referred to the Committee on Post- 
Offices and Post^Roads. 

Mr. HOAR introduced a bill (S. 2743) to amend an act entitled 
■'Anacttofaeilitate the disposition of cas?s in the Supreme Court 
of the United States, and for other purposes: " which was read 
twice by its title, and referred to the Committee on the Judiciary. 

Mr. CULLOM introduced a bill (S. 2744) for the relief of Francis 
M. Perkins: which was read twic3 by its title, and referred to 
the Committee on Military- Affairs. 

He also introdviced a bill (S. 2745) granting a pension toChai-les 
Scott; which was read twice by its title, and referred to the Com- 
mittee on Pensions. 

Mr. CARLISLE introduced a bill (S. 2746) grantmg the right 
to sell burial sites in parts of certain streets in Washington City 
to the vestry of Washington Parish for the benefit of the Con- 
gressional Cemetery: which was read twice by its title, and re- 
ferred to the Committee on the District of Columbia. 

He also introduced a bill (S. 2747) for the relief of William W. 
Uttei-back; which was read twice by its title, and referred to the 
Committee on Militarv Affairs. 

Mr. COLQUITT introduced a bill (S. 2748) to grant a pension 
to Essex M. Botsford; which was read twice by itstitle, ar 1, with 
the accompanying papers, i-eferred to the Committee on Pensions. 

Mr. GORMAN introduced a bill (S. 2749) to amend an act ap- 
proved February 4, 1887, entitled "An act to regulate com- 
merce;'' which was read twice by its title, and referred to the 
Committee on Interstate Commerce. 

He also introduced a bill (S. 2850) for the relief of S. E. Git- 
tings, administrator: which was read twice by its title, and re- 
ferred to the Committee on Claims. 

He also introduced a bill (S. 2751) for the removal of the charge 
of desertion atrainst Charles Getzandaner; which was read twice 
by its title, and. with the accompanying papers, referred to the 
Committee on Military Affairs. 

He also introduced a bill (S. 2752) granting an honorable dis- 
charge to John Cunningham: which was read twice by its title, 
and. with the accomjjanying jiapers, referred to the Committee 
on 2\Iilitary Affairs. 

Mr. QUAY introduced a bill (S. 2753) supplementary to an act 
approved March 3. 1891, entitled "'An act in amendment to the 
various acts relative to immigration and the importation of 
aliens under contract or agreement to perform labor;'' which was 
read twice by its title, and referred to the Committee on Immi- 
gration. 

He also introduced a bill (S. 2754) to extend the provisions of 
the act entitled "An act referring the claim of the owners of the 



laims arising out of the loss of life on said steamer; 
ad twice bv its title, and referred to the Committee 



He also introduced a bill (S. 2755) granting a pension to Regina 
O'Brien and Elizabeth O'Brien, daughters of Edward O'Brien, 
llyuyaaro?*!".: which was read twice by its title, and referred to 
the Committee on Pensions. 
dg& ^® also in troduced a bill (S. 2756) granting an increase of pen- 
(flP'-OTWi-tflB^SPs Eakman; which was read twice by its title, and i"e- 
ferred to the Committee on Pensions. 

He also introduced a bill IS. 2757) for the relief of Michael A. 
Dmi*H!P'IBiPch was read twice by its title, and referred to the 



Committee on ililitary Affairs. 

He also introduced a bill (S. 2758) for the relief of John Evans; 
which was read twice by its title, and referred to the Committee 
on Military Aft'airs. 

He also introduced a bill (S. 2759) granting an increase of pen- 
sion to John A. Stewart: which was read twice- by its title, and 
referred to the Committee on Pensions. 

He also introduced a bill (S. 2760) for the relief of Hugh Cos- 
grove: which was read twice bj- its title, and, with the accom- 
panying papers, referred to the Committee on Military Affairs. 

Mr. PADDOCK introduced a bill (S. 2761) granting a pension 
to John D. Wakley; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

He also introduced a bill (S. 2762) to pension Anna Morgan 
Burns; which was read twice by its title, and referred to the 
Committee on Pensions. 

He also introduced a bill (S. 2763) for the protection and ad- 
ministration of tlie public forest reservations; which was read 
twice by its title, and refen-ed to the Committee on Agriculture 
and Forestry. 

Mr. VILAS introduced a bill (S. 2764) for the relief of Sarah 



2602 



CONGRESSIONAL RECORD— SENATE. 



MAJiCH 28, 



E. Wodelstedt; which was read twice by its title, and referred 
to the Committee on Claims. 

Mr. STOCKBRIDGE introduced a bill (S. 2705) granting to 
the Diiluth and Winnipeg Railroad Company a right of way 
across the Fond du Lac Indian Reservation; which was read 
twice by its title, and referred to the Committee on Indian Af- 
fairs. 

Mr. CALL introduced a bill (S. 2766) granting a pension to 
Thomas C. Ellis; which was read twice by title, and, with the 
accompanying papers, i-eferred to the Committee on Pensions. 

AMENDMENTS TO BILLS. 

Ml'. DAVIS submitted an amendment intended to be proposed 
by him to the agricultural ajipropriation biU; which was referred 
to the Commitloe on Agriculture and Forestry, and ordei'ed to 
be printed. 

Mr. FELTON submitted an amendment intended to be pro- 
posed by him to the river and harbor appropriation bill; which 
was referred to the Coii^ittee on Commerce, and ordered to be 
printed. 

Mr. FETTIGREW submitted an amendment intended to be 
proposed by him to the Indian appropriation bill; which was re- 
ferred to tlie Committc'C on Appropriations, and ordered to be 
printed. 

RECIPROCAL TRADE RELATIONS WITH ARGENTINE REPUBLIC. 

Mr. MORGAN submitted the following resolution; which- was 
considered by unanimous consent, and agreed to: 

Efsolred. That the President is requested to send to the Senate, if in his 
opinion it is not inconsistent with the public interests, the correspondence 
with the Government ot the Ai-gentine Republic on thesubject of commercial 
reciprocity with the United States under section 3 of the act of October 1, 
1890. And that he inform the Senate as to the articles exported from the 
United States to the Argentine Republic in reference to which the United 
States proposed or demandea that the customs duties imposed by the Argen- 
tine Republic should be reduced or abolished, so as to make the commercial 
relations between the two coimtries reciprocally fair and jtist or equal and 
reasonable. 

SOUTHERN UTE INDIAN LANDS. 

Mr. WOLCOTT submitted the following concurrent resolu- 
tion; which was read: 

Besotoed by the Senate {the House fonrurring) , That the President be requested 
to retrain from allotting in severally the lands of the present reservation of 
the Southern Uto Indians, pending legislation in the present C:ou!jress re- 
specting the removal of said Indians to another reservation. 

Mr. WOLCOTT. I give notice that I shall call up the reso- 
lution to-morrow at the close of the morning business and ask 
permission to make a few remarks upon it. 

The VICE-PRESIDEN'T. Meanwhile the resolution will lie 
on the table. 

REVENUE CUTTER SERVICE. 

The VICE-PRESIDENT. The Chair lays before the Senate a 
resolution coming over from a previous day, which will be read. 

The resolutionsubmitted on the 24th instant by Mr. Sherm.\n 
was read, as follows: 

Hesolved. That the Secretary of the Treasury be directed to furnish ths 
Senate a detailed statement of the saving or increase in the annual expeusee 
of the Revenue Cutter Service which would result from the transfer of said 
seiTice from the Treasury to the Na\'j* Department. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolution. 

Mr. CHANDLER. I desire to ask the Senator from Oliio 
whether he thinks that it is worth while to put the Secretary of 
the Treasury to the duty of preparing a statement of that kind? 
It is not exactly a call for information now on file in his Depart- 
ment, but a reqviest to him to ascertain facts and make a com- 
parison showing the results of the proposed transfer of the Rev- 
enue Marine. Now, the Secretary of the Treasury is a very busy 
man, and is it expedient to put him to doing that work at this 
time? If it were a mere call for facts within his Department I 
should not think of making this inquiry of the Senator; but the 
Secretary has Just returned to his duties, and ought he to be 
taken away from more important duty to prepare this argument, 
so to speak, against the proposed transfer of the Revenue Ma- 
rine Service to the Navy? 

Mr. SHERMAN. Is the Senator through? 

Mr. CHANDLER. That is my question. Is it worth while to 
put the Secretary of the Treasury to doing this work? 

Mr. SHERMAN. The Secretary of the Navy has given his 
estimate of what he supposed would be the saving by this propo- 
sition, and now I want the estimate of the Treasury Department, 
where all the money is paid out, as to the saving or loss by the 
proposed change. As a matter of course, the Secretary of the 
Treasury will not have much to do in writing it out; his time 
will not be very much occupied in that particular pursuit when 
there are about 2,000 employiSs there who are very ready at that 
kind of business. 

Mr. CHANDLER. But is there not danger, I ask the Sen- 
ator, that tlie Secretary will take an estimate made by his sub- 
ordinates, and being very busy himself transmit it here with- 



out that personal examination which he ought to make to give 
the information and which the subject ought to have? 

Mr. SHERMAN. If he does so, he will only do exactly what 
tlie Secretary of the Navy did in making his estimate. It was 
prepared by one of his subordinates,! presume. I hojie wo shall 
not fear that these gentlemen overwork themselves by furnish- 
ing ligures found upon their ledgers, and in which they probably 
are not called upon to do anything further than to sign their 
names to general results. 

Mr. CHANDLER. I think the Senator doss injustice to the 
Secretary of the Treasury. Ido not bslieve, from my knowledge 
of him, that he will take a mere perfunctory statement prepared 
by a subordinate and send it here without scrutiny, I am very 
certain that the Secretary of the Navy in making liis estimate 
has not failed to give the subject his personal attention. I ask 
the Senator, if he thinks the resolution ought to Ije passed, 
whether he has any objection to adding to it an amendment. 

Mr. HOAR. Let the resolution be read again. 

The Chief Clerk read the resolution. 

The VICE-PRESIDENT. The amendment proposed by the 
Senator from New Hampshire will be read. 

The Chief Clerk. It is proposed to add to the resolution: 

.\nd further, to transmit to the Senati- a list of the vessels of the Revenue 
Marine, with a statement as to each of its tonnage and the number of guns 
and other .arms, the number of the officers and crew, and the miles cruised 
during the past year, and also a statement showing the nature of the duty 
performed by each vessel, and whether the discipline on the cutters and the 
practice in the use of great guns and small arms is the same as that on ves- 
sels of the Na\'v. 

Mr, SHERMAN. I have no objection to the amendment. In- 
deed that information can be found already in the reports; but 
there is no objection to having it transmitted in this connection. 

The amendment was agreed to. 

Mr. ALLISON. I think there is another item of information 
which it might be well to have in this connection, and that is the 
number of jieople who would be placed immediately on the re- 
tired list in the event of tlie transfer. I do not know but that 
it is embraced in the resolution of the Senator from Ohio. 

Mr. SHERMAN. I did not expressly embrace it. I have no 
objection to the amendment, but [ think the numlier of officers 
who would be retired is given, and the computation would be 
based upon that. 

Mr. RUTLER. That will appear from the Register, I take it. 

Mr. ALLISON. Very well; I do not ask that that be inserted. 
I only want to be sure that wu shall have the information. 

Mr. BUTLER. We have the information. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolution as amended. 

Mr. ALLISON. I would insert somewhere in the proper place 
"including the cost of the retired list." 

Mr. SHERMAN. '• The number of officers who will be placed 
on the retired list.'" 

Mr. ALLISON. Yes, "the number of officers who will bo 
placed on the retii"ed list under the pronosed change." 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. It is proposed to add to the resolution. 

Including the number of ofllcers to be placed on the retired list under the 
proposeil legislation. 

The amendment was agreed to. 

The resolution as amended was agreed to, as follows: 

liesoh-ed. That the SecretaiT of the Treasm-j- be directed to furnish the 
Senate a detailed statement of the saving or increase in the annual expenses 
of the Revenue Cntt«r Service which would result from the transfer of 
said service from the Treasury to the Navy Department, and further, to 
transmit to the Senate a list of the vessels of tlie Re\-enue Marine, with a 
statement as to each of its tonnage and the number of guns and other arms, 
the number of officers and crew, and the miles cruised duriug the past year; 
and also a statement showing the nature of the duty XJerfornied by each ves- 
sel, and whether the discipline on the cutters and the practice in the use 
of great gems and small arms is the same as that on vessels of the Navy, in- 
cluding the number of officers to be placed on the retired list under the pro- 
posed legislation. 

LEAVES OF ABSENCE TO G0^T;RN"MENT EMPLCfl'^S. 

The VICE-PRESIDENT. Is there further morning business? 
If not. that order is closed, and the Calendar under Rule VIII is 
in order. 

Mr. CAREY. I ask tlie Senate to proceed at this time to the 
consideration of Order of Business 221, Senate bill 1768, which 
was passed over without prejudice. 

There being no objection, the Senate resumed the considera- 
tion of the bill (S. 1768) to allow thirty days' leave of absence to 
employes in the Bureau of Engraving and Printing and in the 
Navy Department. 

The VICE-PRESIDENT. The bill has been heretofore passed, 
and the vote by which the biU was ordered to a third reading 
and passage has been reconsidered. The bill is before the Sen- 
ate and the pending amendm-ut will be read. 

The Chief Clerk read the amendment heretofore submitted by 



y 



1892. 



CONGEESSIONAL EECOED— SENATE. 



2603 



Mr. Carey, to strike out all after the enacting clause and in- 
sert: 

That the employes of the Bui-eau of Engraving aud Printiag, tncluding tho 
pieceworkei's. shall be allowed leave of absence with pay, not esceediiig 
thirty days in anyone year, under such regulations and at such tinieor tiiiies 
as the Chief of the Bm-eau may prescribe and designate; and that all the 
tlraftsmen, assistant draftsmen, clerljs, \^Titers and copyists under the di- 
rection of the Navy Department who receive per diem pay shall be allowed 
thirty days' leave of absence each year without forfeiture of pay during 
Buch leave, under such regulations as the Secretary of the Navy may pre- 
scribe: Frovidfd, That no such fidl leave of absence of thirty days shall be 
granted to any person, uuderthe provisions of this act, who shall not have 
been an employe of said Bureau or Department for a period of not less than 
ele-.en months" immediately preceding the granting of such leave. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment. 

Mr. ALLISON. I suggest to the Senator from Wyoming that 
there should be inserted in line 7, after the word "Bm-eau," the 
words "with the approval of the Secretary of the Treasury," so 
as to read: 

At such time or times as the Chief of the Bureau, with the approval of the 
Secretary of the Treasury, may prescribe and designate. 

INIr. CAREY. I have no objection to that. 

The amendment to the amendment was agreed to. 

Mr. SHERMAN. I should like to ask the Senator from Con- 
necticut [Mr. Hawley] whether this rule l],as been adopted in 
the Government Printing Office. This bill gives to all employes 
of tlie Bureau of Engraving and Printing, and therefore those 
who are employed by the day or the piece, thirty days' leave of 
absence with full pay. 

Ml-. HAWLEY. 'That is the law in regard to the Printing 
Office. 

I^Ir. SHERMAN. It is adding one-twelfth to the expenses of 
this whole Bureau. If that is the desire it is not in my bailiwick. 
but still I think we ought to have a little regard for the public 
interests. When persons are employed on an annual salary 
there is a reason why they should have some holiday, extending 
from two weeks to thirty days, but when persons are employed 
by the piece they can regulate theii- own time in their own way 
and work as little or-*as much as they please. It seems to me the 
rule of allowing- an additional thirty days' pay without work is 
not correct. If, however, that is tho custom in the Printing 
Office, I do not see why it shoidd not be applied to all the other 
branches of the Government. 

Mr. CHiVNDLER. Mr. President. I would say to the Senator 
from Ohio that that is the law now as to the Government Print- 
ing Office both as to employes paid by the day and employes paid 
by the piece. The committee that reported this bill came to the 
conclusion that one class of these employes in Washington are 
entitled to this privilege just as much as another. If we do not 
give it to the class of persons who are provided for in this bill, 
then we ought to take it away from the employes of the Govern- 
ment Printing Office, and the rule, as has been explained, is ap- 
plied not only to workers by the day aud by the month and em- 
ployes under salaries by the year, but to the pieceworkers under 
a rule for ascertaining the average of the amount earned by piece- 
work. I am imablc to see, as the committee that reported this 
bill have been unable to see, how we can make fish of one and 
flesh of another. 

Mr. HALE. Mr. President, of course Senators understand 
the old rule and the good rule was to give a furlough with pay 
only to persons in steady employment by the year, who had no 
control over their time and who needed a respite, and it was be- 
lieved to be for the good of the service generally that such regu- 
lar employes upon a salary for yearly work should receive this 
holiday. 

The first innovation was made in the case of the Public Prints 
ing Office, and that after discussion was based upon the groimd 
largely urged that, in effect, these were permanent employes, 
that thefoi-ce in the Printing Office, while it measured its work 
by the piece, was to all intents and purposes a regular force, and 
needed this change^ this respite, as much as those paid annual 
salaries. So Congress gave them the leave, and the door was 
opened. Now, tho employes of the Bureau of Engraving and 
Printing, which does most of its work by the piece, claim that 
they should have this leave as much as the Government Printing 
Office employes. I suppose that their work is of about the same 
order. It is practically a continued force throughout the year 
and needing, if anybody does, a holiday. 

But I want to notify the Senate that this thing is not going to 
stop here. Not only the regular force, but the piece force, the 
fragmentary force, and all employes under the Government are 
coming and knocking at the doors of the Senate and of the House 
of Representatives and claimLng to have thirty days out of each 
year with pay when they are not at work, and it will not be long 
before wo shall be beset by men in employment in the Govern- 
ment navy-yards that they shaU have thirty days' pay when they 
are not at work, although it is peculiai-ly a temporary force . The 



foremen and the captains of ten and of twenties in the navy-yards 
are now pushing a claun that we should give them thirty days' 
furlough each year. 

Mr. HARRIS. This does give it. 

:Mr. COCKRELL. This extends it to the navy-yards. 

Mr. MORGAN. No; only to the clerical force of the navy- 
yards. 

Mr. HALE. That I did not even know. Tho bill originally 
did not extend that far. I am informed that this bill now ex- 
tends the leave to workmen in the navy-yards. That I did not 
know. 

Mr. CHANDLER, The Senator from Maine is mistaken. The 
amendment of the Senator from Alabama [Mr. Morgan | extends 
the provisions of the bill to draftsmen and copyists in the Navy 
Department, but the proposition to give the foremen in the navy- 
yards thirty days' leave of absence in each year with pay now 
rests in the Committee on Naval Affairs. 

Mr. HALE. Then I was right about it. I did not suppose 
that it had got into the navy-yards and embraced foremen. It 
embraces draftsmen. That was the amendment offered by the 
Senator from Alabama [Mr. Morgan] the other day — draftsmen 
and writers — the clerical force. 

Mr. CHANDLER. If the Senator will allow me, he is quite 
right in stating that the Senate and House, perhajis, will have to 
meet the proposition to give the foremen in the navy-yards the 
same privilege, aud I, for one, without knowing what tho com- 
mittee may do and what the Senate may do, am in favor of that, 
because I do not see how any distinction can be made. 

Mr. HALE. The Senator has confessed frankly what we shall 
have to meet. It will go to the workmen in the navy -yards, who 
at-e 'a temporary force and who perhaps upon an emergency 
would need to be us.nl every day in the year for the Ix-usfit and 
safety of tho Government, Then it will go beyond, aud it will 
be made to apply to any possible employment imder the Govern- 
ment wherever it may be throughout the United States. 

Mr. CHANDLER. Will the Senator allow me a question? 

Mr. HALE. Yes. 

Mr. CHANDLER. I ask the Senator whether he knows any 
reason why this particular privilege of receiving thirty days' pay 
in each year without work — thirty days of absence with pay-^ 
should be confined to employes of the Government within the city 
of Washington? 

Mr. HALE. No: not if the employes of the Government are 
a regular force from January 1 to December 31 and employed 
upon annual pay and needing-, as human beings, physically this 
respite. Then I have no objection to its applying outside; but 
the rule never ought to have been changed, and it ought to have 
been confined to regular, permanent employes of the Govern- 
ment. 

Mr. CAREY. Mr. President, this bill is exactly as the law 
now is with reference to employes in the Public Printing Office. 
In the Bureau of Engraving and Printing they are allowed now 
fifteen days leave of absence, and persons who work in that Bu- 
reau by the month, or by the day, or by the year are only allowed 
fifteen days. This bill merely equalizes the employes of tlie sev- 
eral Departments of the Government, and allows them all thirty 
davs' leave. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment as amended. 

Mr. VEST. Mr. President, if this system is to be continued, 
no good reason, I think, can be suggested why it should not ap- 
ply to the Bureau of Engraving and Printing, where a large 
number of delicate women are employed, and where the work is 
peculiarly irksome, unhealthy, and protracted. 

If I could, I should like to vote against the whole system. If 
the same rule which we apply to Government emploj-es should 
be applied to private life it would virtually stop employment 
throughout tho country. If any one of us should have an em- 
ploye whom we had employed for twelve months, who would in- 
sist that he should work eleven and receive pay for twelve, it 
wouldbecon-sidereda very greatoutrage. Noemjiloyer through- 
out the country in his private business would stand any such rvile 
for a moment. 

Mr. CAREY. Will the Senator from Missouri permit me to 
ask him a question? 

Mr. VEST. Certainly. 

Mr. CAREY. I want to ask him if it is not almost the uni- 
vei'sal rule of merchants and manufacturers to give their em- 
ployes a leave of absence? 

Mr. VEST. No, Mr. President, it is not a universal rule; and 
even if it shoidd be granted, for the sake of the argument, that 
it applies to large manufacturing establishments, it does not ap- 
ply to contracts between farmers and their employes aud_ me- 
chanics and their employees and railroads and their employes, or 
banks and their employes. Very true, the Bank of England, I 
believe, has a rule to furlough every one of its employes, with- 



2604 



CONGRESSIONAL RECORD— SENATE. 



March 28, 



out application on the pai-t of the employ^, but that is a measui'e 
of precaution in order to examine his accounts and boolts wliile 
he is absent on vacation, and for no other reason. It is not true 
in the United States that any of the large institutions or any of 
the large corporations have any such rule, and wherever it ])re- 
vails in any of the cities it is an exception to the rule. 

Wo know very well that if there is a vacancy in any one of the 
Departments there are immediately from ten to fifty applicants 
for it, and we know that these very same persons if employed in 
any other department or business throughout the country would 
not expect any such discrimination in their favor. Therefore. I 
repeat, if I had the opportunity I should vote against the whole 
system. 

But, as the Senator from Maine [Mr. Hale] says, this is not 
the last of it, because when yovi have granted this privilege to 
the employes in any one bureau, it furnishes an argument for 
granting it to all; and I am frank to say if it is given to any of 
the employes of the Government it ought to be given to the women 
in the Bureau of Engraving and Printing; for any one who has 
visited that establishment knows that it is the most laborious, 
imhealthy, and irksome work that can possibly be conceived. 

But again, look at this legislation. I have never belonged to 
that class of public men who attempt to secure poiiularity by 
demagoguing with the laboring people of the country and excit- 
ing their antipathies to men who possess wealth or capital. I 
have never been an expert in that sort of business and never ex- 
pect to be; but if discrimination in favor of the working people 
is to be recognized as a political element in this country at all, 
look at this bill! Here we grant thirty days" leave of absence to 
copyists and draftsmen, the gentlemen who sit in a warm room and 
do delicate work that a woman probably could discharge as well or 
better than they, but when we come to the workman who lal)ors 
out of doors in a navy-yard, who is subjected to all sorts of 
weather, who is compelled to work eight hours a day, then no 
such discrimination is given to him. I want the friends of the 
workingman in this Chamber, and the gentlemen who \mder- 
stand the peculiar manipulation of that vote, to answer to the 
working organizations of this country when they vote for this 
bill. I think they will find it rather a'difficult campaign experi- 
ment. 

Mr. HALE. The truth is that the workmen of the country 
have not the least interest in these favors that are given to this 
special class. 

Mr. COCKRELL. Not a bit. 

Mr. HALE. The truth is that we are all the time raided by 
clerks, draftsmen, printers, engravers, and letter-carriers, who 
are in the employment of the Government, into which they 
have got by importunity, and have much better berths than the 
workmen of the country, and they are the ones who are coming 
down upon us all the time and demanding more and more favors. 
The workmen of the country are not interested in this legisla- 
tion. The workmen of the coimtry , those who do the work in pri- 
vate establishments and have no such favors as these, are not at 
all concerned in these movements, which are made by special 
classes. It is all the other way. and we are not legislating in 
favor of workmen when we are giving these favors to a favored 
class; we are legislating against the workmen. 

Mr. VEST. I think the Senator from Maine [Mr. Hale] states 
the case accurately, ilr. President, but I do not hope for any re- 
form. When 1 first came to the Senate I had a visionary idea of 
reforming such abuses, but I have long since contented myself 
with trying to keep things as they are, in order that they may 
not become any worse. 

At the close of this session of Congress I suppose we shall pay 
a month's extra pay to our employes and the other House jjroba- 
bly will do the same thing, and we shall not stop with giving 
this thirty days' leave of absence to the copyists and draftsmen 
in the navy-yards, but it will not be a week cir a day possibly 
until this same privilege must be extended to the same class of 
people in every other department of the governmental service. 

Mr. HALE. Does the Senator know that last year as a special 
favor we gave the letter-carriers fifteen daj's' leave of absence, 
much to the detriment of the postal service, and it is followed 
this year by a demand to make it thirty days? 

There is but one rule about this matter. When we begin to 
legislate for these favored classes, the Government classes, we 
have got to select, but we never satisfy them. 

The Senator refers to what we do for our employes here. It 
is not a pleasant thing for a Senator to stand up in the face of all 
these employes and talk as I am willing to talk about this. It is 
an outrage upon everybody else that we give our employes an 
extra month's pay. We ought not to do it. They have the best 
places in the Government. Theyare not^required tobe here all 
the time; they have a long vacation, and notwithstanding this 
they are paid foran extra month every year. While other people 
would be glad to hold these places for half the sum they get, we 



pay them an extra month, because we are importuned by them. 
It is all wrong. 

Mr. VEST. I have but one observation to make, but I sup- 
pose it will be entirely useless. I know but one rule, and I try 
to know but one rule in my public action in regard to such mat- 
ters, and that is to treat all the citizens of this country alike. 

Mr. HALE. Let me correct a statement I have just made in 
I'eference to the letter-carriers. It was the clerks of the first 
and second class post-offices to whom we gave fifteen days' leave 
of absence last year, and now they are asking for thirty days. 
We gave the letter-carriers the eight-hour limitation. I want 
to set that right. 

Mr. VEST. As the Senator from Maine says, it is not a pleas- 
ant matter to antagonize movements of this sort. I am not 
standing here to make any professions of liberality. It is simply 
a question of duty upon our part, as it is a duty upon the people 
who come here for these extraordinary privileges. I repeat, we 
ought to establish one i-vde or the other — treat all the people of 
this country alike, or, if we extend these extraordinary privi- 
leges to any one class, then make the privileges universal so as 
to destroy class privileges and class legislation. 

Mr. STEWART. Mr. President, there is only one condition ■ 
of things that seems to make it almost necessary that the clerks 
in many of the Departments should have a vacation. If any 
Si'nator will visit the different rooms where the clerks are 
i-rowded together and where the atmosphere is most destructive 
of health, he will see that it would be almost impossible, with 
the conditions imposed, foi' the emploj'es to work all the year 
round. I think it would be better to make the conditions of 
h -alth such that they could work the year round, so that there 
would be no distinction between them and other laborers. But 
many of the rooms in which these clerks are employed, if .Sena- 
toi-s will visit them, they will find have no ventilation, and the 
clerks actually have to retire on account of ill health, which is 
occasioned by the crowded rooms and the bad ventilation that 
exists in many of the Departments. 

Mr. HALEI Does not the Senator believe that tens of thou- 
sands and hundreds of thousands of workmen throughout the 
country perform their work and get their little subsistence in 
rooms and holes and corners that are ton times worse than the 
worst employed imder the Government, and does not the Sena- 
tor know that this great army of woi'king people does not aver- 
age half the amounts which are i)aid to these Government em- 
jiloyesV 

Mr. STEWART. I know all that is very true, but that is no 
reason why the Government sho\ild not make proper arrange- 
ments for the ventilation of the buildings and the health of the 
employes because there are places where men and women are 
compelled to work under very unhealthy conditions. 

Mr. HALE. The furlough business does not meet that; the 
furlough business does not meet narrow quarters, does not meet 
stilled air, does not meet malaria and pestilence that are said to 
exist in these places. It is another remedy that the Senator has 
in his mind which ought to be resorted to, and that is to give 
them more room, with plenty of sweet air and plenty of light. 

Mr. STEWART. They ought to have some time to recruit. 
Senators must see the necessity for that. I think if we had 
plenty of light and rooms and good air furnished to our emploj'es 
there would be very much less necessity for furloughs; no more 
necessity for them than the ordinary laborer has everywhere, 
and not as much; but as they are situated it would be a great 
hardship in many cases to decline to grant furloughs, because the 
employes need them to regain their health. 

Mr. HALE. I move to lay the bill on the table. 

The VICE-PRESIDENT. The question is on the motion of 
the Senator from Maine. 

Mr. CAREY. Mr. President 

The VICE-PRESIDENT. Does the Senator from Maine with- 
draw his motion? 

Mr. HALE. I yield to the Senator. 

Mr. CAREY. I can not understand why there is so much in- 
dignation to-day in reference to this bill. As long ago as 18S.3 a 
bill of similar purport to this was passed and approved, allowing 
the employes in the Bureau of Engraving and Printing fifteen 
days' leave of absence in each year. In 1883 a law was passed 
through both Houses of Congress allowing thirty days" leave un- 
der the regulation of the heads of the several Departments to all 
the employes in the Departments in this District. In 1886 an act 
was passed allowing all employes in the office of the Public Printer 
thirty days' annual leave. Only in the last Congi-ess, on the 2Sth 
day of March, 1890, an act was"passed giving to all officers en- 
gaged in the collection of customs thi-oughoutthis country thirty 
days' leave in each year. 

Now, why should the employes of the Bureau of Engraving 
and Printing be discriminated against"? This bill merely pro- 
poses to equalize these privileges, and it is fair that they should 



1892. 



CONGRESSIONAL RECORD— SENATE. 



2605 



have them if the employes in the other Depai-tments enjoy them. 
The women in that Bureau who are employed by the year or by 
the day are allowed only fifteen days' leave of absence, while the 
more favored ones in the Treasury Department, in the Interior 
Department, in the Agricultural Department, and in the various 
other Departments, are allowed thirty days' leave. 

This kind of legislation 'did not originate with the present 
Committee on Education and Labor. It originated years ago. 
The committee believes in dealing equitably and faialy with all 
the Government employes, and if you kill this bill to-day by laying 
it on the table, or by voting it down directly, you should, to be 
consistent, repeal all this classof legislation. It thisother legis- 
lation is to remain on the statute book, then this bill 

Mr. VEST. Will the Senator permit me? 

Mr. CAREY. Certainly. 

Mr. VEST. The Senator has, with all respect to him, simply 
recapitulated the arguments which have been made from one 
Congress to another in favor of this classof legislation. I agree 
with him that you can not repeal the system. I am certain that 
you could not do it if you would let the matter lie over for twenty- 
.four hours, for I am sure that personal solicitation to each Sen- 
ator would prevent the repeal of the system. 

I am prepared now, as much as I condemn the whole thing, but 
recognizing that it is impossible to get the system done away with, 
to vote for that portion of this bill which gives tliis privilege, 
wrong as I believe it to be in pi'inciple, to the women employed 
in the Bureau of Engraving and Printing. But it has been 
amended so as to include now the copyists, and draftsmen in the 
naval service and all the employes in the Bureau of l']ngraving 
and Printing besides. 

Mr. HALE. Mr. President. 

The VICE-PRESIDENT. The Chair feels bouiid to call the 
attention of Senators to the fact that this discussion is going on 
under Rule VIII, which forbids a Senatoi' to speak more than 
once or exceeding five minutes on any question. 

Mr. SHERMAN. The matter ought to go over. 

Mr. HALE. The suggestion is made that by objecting the 
matter goes over, but as the Senator from Missouri [Mr. Vest] 
has well said, if this matter goes over a daj' the solicitations that 
will pile up on Senators will be unmeasured; there will ba no end 
to them, and I am afraid, with the Senator from Missouri, that 
many Senators will weaken and falter. I hoped when I made the 
motion to lay upon the table, knowing iiow the Senator from 
Missouri feels, knowing what his estimate is of the justice of it. 
applied to all these jjeople, that he would join with me in an ef- 
fort, which required some small degree of courage to make, to 
stop this bad practice here and now. We have got to do it some- 
where, or we have got to give way entirely. 

Mr. VEST. I should like to ask the Senator if he will join with 
me in voting to repeal the whole systemV 

Mr. HALE. I will join the Senator in voting to repeal the 
whole system. 

Mr. VEST. If you do that, there will be some equity in it. 

Mr. HALE. I did not know before that the employes in the 
custom-houses throughout the country had got this thirty days' 
leave of absence. They ought not to have it. Everyljody who 
has seen a custom-house, who has seen the ins and outs and the 
avenues, knows that there is the greatest clamor to get the 
places, that their holders are a favored class, so looked upon in 
their communities, and to give them what their neighbors and 
associates are not getting in private establishments is all wrong, 
and I will join with the Senator in any movement lie may make 
to repeal that. 

There is no courage required before the country in taking this 
ground. There is no public sentiment in favor of giving to these 
clerks and pi'inters and others in Government employment extra 
favors that are not gained by the people outside. Tliey make a 
sentiment by solicitation. They get together in meetings and 
organizations and pass resolutions and knock and thunder at the 
doors of Congress, but it is not the peojile wlio are interested in 
this matter. Therefore, I am inclined to see how many Senators 
will vote as I think they believe, to table this whole bill. 

Mr. VEST. Insist on your motion, then. 

Mr. HALE. I do. I am not going to withdraw it. 

The VICE-PRESIDENT. The question is on the motion of 
the Senator from Maine that the bill as amended lie on the tabic. 

Mr. CAREY. I ask for the yeas and nays on that motion. 

The yeas and nays were ordered, and the Secretary proceeded 
to call the roll. 

Mr. GEORGE (when his name was called). I am paired gen- 
erally with the Senator from Oregon [Mr. Dolph]. Not know- 
ing how he would vote if present, I withhold my vote. 

Mv. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. Morrill]. 

Mr. PADDOCK (when his name was called). I am paired with 



the Senator from Texas [Mr. Coke]. I do not know how he 
would vote, if present, and I therefore withhold my vote. 

While on my feet I desire to announce the pair of my colleague 
[Mr.MANDERSON] with the Senator from Kentucky [Mr. BLACK- 
BURN]. My colleague is detained at homo by illness. 

Mr. PASCO (when his name was called). ' I am paired with 
the Senator from North Dakota [Mr. Casey]. In his absence 
I withhold my vote. 

Mr. PLATT (when his name was called). I am paired with 
the Senator from Virginia [Mr. Barbour]. If he were present 
I should vote ''yea." 

Mr. QUAY (when his name was called). I am paii-ed with the 
Senator from West Virginia [Mr. Faulkner], who, I believe, is 
not present. If he were present I should vote "nay." 

Mr. SHERMAN (when his name was called). I am paired 
with the Senator from Kentucky [Mr. (Jarlisi.e]. If he were 
present I should vote "yea." 

Mr. TELLER (when his name was called). I am paired with 
the junior Senator from Texas [Mr. Chilton]. I do not know 
how he would vote if present, and therefore withhold my vote. 

Mr. WALTHALL (when his name was called). I am jiaired 
with the Senator from Rhode Island [Mr. Dixon]. 

The roll call \vas concluded. 

Mr. DOLPH. I announce my pair with the Senator from Mis- 
sissippi [Mr. George]. I do not see him in his seat at present 
and withhold my vote. 

The result was announced — yeas Iti, nays .'^'i: as follows: 









YEAS— 16. 




Allison. 




IJibsou. La. 


Ransom. 


Vest. 


Berry. 




Hale, 


.Sawyer. 


Washburn, 


Coclu-ell. 


, 


Hoar, 


Stockbridge. 


White, 


Coke. 


X 

-a 


Jones, Ark. 


Vance, 
NAYS— 33. 


Wilson. 


.Vlleu. 


c= 


D.ivis, 


McPher.son. 


Squire, 


Bale. 


^— 


Dawes. 


Morgan, 


Stanford, 


Butler. 


lU 


Dixon. 


Palmer. 


.Stewart, 


Call. 


O) 


Dubois. 


Peller. 


Turpie, 


Cameron, 


CO 


Gibson, Md. 


Perkins. 


Vilas, 


C.irey. 




Gorman, 


Pettigi-ew. 


Voorhees. 


Chandler, 


-*—* 


Hansbrough 


Pugh. 




Cokiuitt, 


o 


Kyle, 


Sanders, 




CiiUom. 


OJ 


McMillan, 


Shoup, 






CO 


NOT \'OTING-39. 




AUlrich. 


Faulkner, 


Hill, 


Piatt, 


Barbour. 




Felton, 


Hiscock, 


Power. 


Blaekburn 


o 


Frye, 


Irby, 


Proctor, 


Bloilgctt, 


(lalllnger. 


Jones, Nev. 


Quay, 


Brice, 


George, 


Kenna, 


Sherman, 


Carlisle, 




Gordon, 


Mandersou, 


Teller, 


Casey, 




Gray, 


Mitchell, 


Walthall, 


Chilton, 




Harris. 


Morrill. 


Warren, 


Daniel, 
Dolph, 




Hawley, 
Hlggins, 


Paddock, 
Pasco, 


Wolcott. 



So the motion to lay the bill on the table was rejected. 

The VICE-PRESIDENT. The question recurs on agreeing 
to the amendment as amended. 

Mr. CALL. Mr. President, I wish to say a single word on this 
bill. I do not agree with those who have opposed it and have 
stated that it is not the desire of the working people of the United 
States. It is, in my opinion, the very general desire of the 
working people of this country, who pay the taxes and who jiay 
the higher wages which these employes receive, that they should 
have this leave of absence. The reason is that they wish the 
United States to set an example to the employers of labor through 
the country by which the condition of the laboring classes may 
be benefited and they may i-ccei\-o a larger portion of the com- 
forts of life than they do now. 

It is an example that is needed. The laboring people of this 
country who pay the taxes ar,^ not. as a general rule, in that con- 
dition of coinfort and well-being in which they ought to be and 
in which they may be. and this movement is in the lead of that 
new and b_'tter order of things which they are contamplating 
for the laboring people of the coiintrv. 

Mr. CHANDLER. Mr. President^ I think in view of the fact 
that allusion has been made to the case of the foremen in the 
navy-yards. I should state what their claim is. 

The Senator from Missouri [Mr. Vest] took occasion to say 
that he did not understand that leaves of alxsence of this charac- 
ter were given to the foremen in private establishments. Why, 
sir, I understand that the contrary is the case, and that in the 
large private manufacturing establishments of this country of 
one kind and another it is the rule to give their foremen or 
leading men thirty days' leave of absence with pa.^■. At any rate, 
that is the case which has been made by the foremen in the navy- 
yards in the application which they have made to Congress and 
in the bill which is now pending in the Committee on Naval Af- 
fairs of the Senate. The foremen come here and they submit 
evidence that in all the large mechanical shops in the vicinity ef 
Norfolk, in the vicinity of Washington, in the vicinity of Haiti- 



2606 



CONGllESSIONAL RECORD— SENATE. 



Maech 28, 



more and Pliiladelphia, it is the custom to give to the foremen, 
tlie principul mon, the leading men, thirty days' leave of absence 
with pay, and on that ground the passage of the bill giving these 
foremen thirty days' leave of absence when in Government em- 
ploy is advocated. 

Now, Mr. President, I understand that the principle upon 
wli Ich that bill is advocated, is the one which has been staled 
by tlie Senator from Mahie; that is to say, I refer to the disi-rim- 
ination which he has made between those employes of the Gov- 
ernment to wlujm tlio thirty days' leave of absence should be 
given and those to whom it should not be given. The foremen 
are yearly employes. Whether their pay is reckoned by the year 
or by the month or by the day, they are employed continuously 
tlie whole year round, and therefore conceive that they arc as 
much entitled to have thirty days" leave of absence with pay, as 
the clerks in the Departments in Washington and as the employes 
in the custom-houses throughout the country, and I am unable 
to see how their petition can bo refused. 

With I'eferonce to the proposition that is implied in the mo- 
tion of the Senator from Maine to lay this bill upon the table in 
order that ho and the Senator from Missouri may have au o])- 
portunity to repeal all these grants of thirty days' leave of ab- 
sence made to various Government employes, I have this to say, 
that not only do I believe it would be impossible to secure a repeal, 
as the Senator from Maine himself seems to admit, but I do not 
believe that it would bo just, or wise, or expedient to do so. 

The Senator from Maine can not but recognize the princi))le 
upon which these bills have been passed. The principle is that 
men who work the year round for employers, men who give all 
their physical and their mental strength to the service of their 
employers, can do as nmch work in eleven months with one 
month's leave of absence as they ciin do in twelve months con- 
tinuous work. It is a universal principle in political economy 
that man needs rest, and ho needs that rest wheth^^r he is en- 
gaged in purely iiliysical, manual, muscular labor, whether he is 
engaged in pvu'cly intellectual labor, or whether he is engaged 
in labor that is a combination of the two; and I undertake to say 
that the Senator from Maine would keep in his employment no- 
where a man to whom he would not give thirty days' leave of ab- 
sence with ])ay in each year, rather than compel that employ6 to 
work continuously twelve months in the year without any leave 
of absence. 

The PRESIDING OFFICER (Mr. TuRPIE in the chair.) The 
Senator's time has expired under the rule. 

Mr. CHANDLER. I do not understand the i-eason why I was 
interrupted by the Chair. 

The PRESIDING OFFICER. The Senator's time has expired. 

Mr. CHANDLER. Shall I understand that the Chair is en- 
forcing the five-minute rule? 

The PRESIDING OFFICER. Such is the rule of the Senate, 
and the Chair is trying to enforce it. 

Mr. ALLISON. Mr. President, I voted to table this bill, and 
I did so for the reason that I think the tendency is by successive 
steps to too greatly enlarge the leave of absence provided for by 
statute for employes of the Government. 

I am perfectly familiar with the histoi-y of tills legislation. 
The Senator from Wyoming alluded to it. It was first inserted 
in au appropriation bill in 1SS3, if I remember correctly, and it 
was placed there for the purpose of correcting an abuse. It was 
well known to Senators and Representatives that prior to that 
time in the Departments certain favored clerks could receive 
leaves of absence for thirty and sixty and ninety days, and in 
somecases six months and longer, and that other clerks could re- 
ceive no grant whatever of leave of absence, and therefore 
there was inserted in the legislative and executive appropriation 
bill in 1883 a provision that all clerks might receive thirty days' 
leave of absence with pay, and that for a longer period of absence 
their pay should stop. The result of that has been that in the Ex- 
ecutiveDepartments there has grown up a system of substitution, 
which has even been recognized by our Civil Service Commission , 
whereby when leaves of absence are granted to clerks in a De- 
partment lor sixty days or ninety days or longer they can put 
in substitutes drawn by the Civil Service Commission, which 
substitutes receive the pay for the time being. 

When that appeared, the next step was to give the employes 
in the Public Printing Office, who were not annual employes, a 
small leave of absence to the extent of fifteen days, and iipon 
what I think a very proper ground, that these poorly jiaid em- 
ployes, although practically employed all the year, were not dec- 
orated in these bills as were the clerks x-eoeiving from twelve to 
eighteen hundred dollars a year, or as our own employes, who 
often receive an extra month's pay. Fifteen days were granted 
at first; then it was extended to thirty days; and then the people 
in the Printing Office who work nights were allowed 20 per cent 
additional pay. So we have been running along since 1883 by 
adding to the privileged classes, because the act of 1863 was in- 
tended to correct an abuse and allow thirty days' leave of ab- 



sence to the clerks employed here in the Departments i-eceiving 
an annual salary; and now this bill, as I understand it, proposes not 
only to give to these employes who are herein the Departments, 
some of them poorly paid I agree, notably so in the Bureau of 
Engraving and Printing, but to extend it to the navy-yards; 
and this bill extends to certain classes of people who are under 
the control of the Navy Dejiartment wherever they may be. 

Mr. CHANDLER. It does not. 

Mr. ALLISON. It docs not so state. I examined the bill. 
What I object to is that we are by these successive steps en- 
larging from time to time those privileges so that our civil serv- 
ice in the future will be added to just one-eleventh as respects 
compensation. Last year we extended leaves of absence to the 
clerks of the first and second class post-offices for fifteen days. 
Why should we limit them to fifteen days if we are to extend 
this privilege to thirty days now iu all the cities of the country? 

I was not aware until this moment that this privilege had been 
extended to employes of custom-houses in remote districts. 

I think it is time that there should be a careful revision of this 
whole subject. I have great faith that the chairman and the 
membership of the committee having this subject in charge will 
do full justice as respects this whole question. 

The Senator from New Hampshire [Mr. Chandler] states 
that he favors the extension of this privilege to the foremen of 
navy-yai'ds. What right have we to extend this to the foremen 
of navy-yards and not extend it to the workmen in the navy- 
yards who work side by sido with the foremen for twelve months 
in the year? So we shall extend this by these gradual processes 
until every employe of this Government wherever he may b ■ 
will receive twelve months" pay for eleven months' work. 

The PRESIDING OFFICER. The time of the Senator from 
Iowa has expired. 

Mr. PEFFER. _ Mr. President, if we were proposing to take 
from the employes who now enjoy thirty days' vacation annually 
that privilege, we should have before us altogether a different 
proposition from the one that we are now discussing. Whenever 
it is proposed to oqualizo the burdens and the pleasures of labor in 
the service of the Government in that direction, I shall perhaps 
feel differently altogether, in respect to such a measure, from 
what I do in respect to this one. 

I imderstand, Mr. President, that this bUl proposes simply as 
far as iiossible to equalize privileges in the Departments and 
among the employes there: that is to say, inasmuch as the em- 
ployes mentioned in the bill have not heretofore enjoyed the 
])rivilege of a vacation of thirty days, such as other employes in 
other Departments enjoy, that they shall liave it. It is equaliz- 
ing the privilege to that extent, and on that account I am in fa- 
vor of it. 

I am in favor of it, furthermore, for the additional reason that 
I think it will be taking a step backward to take from any of our 
faithful employes, eithcrin the Government service or in private 
service, a single ]n-ivilege in the way of recreation that they now 
enjoy. Indeed, sir, if I had the power, or if I could control the 
power of the Government. I woidd, during the next year, after 
giving thirty days' notice, stop the wheels of every factory with in 
our jurisdiction at the end of eight hours during the day, and at 
the end of the first year from that time I would stop them at th 
end of six hours. 

I believe that wo have enough of men and of women in this 
country to do the work that is needed to be done in the shops, on 
the farms, in the offices, and everywhere by working six hours a 
day; and doing that faithfully in properly ventilated apartments, 
we should have altogether a difTerent condition of things from 
what we find now. Wo should not have a million, or two million, 
or two-and-a-half million of mon and women moving about the 
country, as is the case to-day, upon the very verge of starvation, 
begging for emjjloyment. 

So, it seems to me, it is wise for the Government to take the 
lead in this matter and make the burden of labor as light as pos- 
sible and make the burden of the poor as light as possible. Lei 
us, as far as our authority extends, wield it mercifully. Where- 
over we can take up one worker, no matter whore, let us take him 
up and give him the same benefits and the same enjoyments that 
the rest of us have. 

Mr. HALE. INIr. President, I do not think if this privilege is 
to be given to a portion of the employes of the Government that 
it ought to be kept from others. The remarks made by the Sen- 
ator from Kansas [Mr. Peffek] suggest to me more forcibly this 
proposition, and in order that there may be no complaint and 
that it may be understood that Congress has adopted the system 
of giving to its employes as they come up with special claims and 
demands from time to time this thirty days' leave, I propose an 
amendment that extends it generally, so that the Senate may see 
what is before it and may make this matter a subject of one 
action, take one bite at it and end it, because, so sure as we live, 
so sure as time passes, we shall he met by an irresistible demand, 
after we pass this bill, already extended beyond the scope of the 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



2611 



MRS. ELIZA FAYS. 
The SPEAKER. The Chair is informed that the g-entleman 
from Texas [Mr. KilgorkJ withdraws his demand for tlie reg-u- 
lar order; and the Chair will again submit the request of the 
gentleman from Massachusetts [Mr. Cogswell]. Unanimous 
consent is asked for the present consideration of the bill (H. K. 
1167) granting a pension to Mrs. Eliza Pays. The bill will be 
read. 
The Clerk read as follows: 

Be it enacted, etc.. That the Secretary of the Interior be, and he hereby Is, 
authorized and directed to place upon the pension roll ot the United States 
the name of Mrs. Eliza Fays, mother of Frank Fays, late a private in Com- 
pany A, Seventeenth Kegimeut Massachusetts Volunteer Infantry, and to 
pay 'her a pension at the rate of $12 per month. 

There being no objection, the House proceeded to the consid- 
eration of the bill. 

The question being taken on ordering the bill to bs engrossed 
and read a third time, there were — ayes 133, noes 1. 

Mr. BAILEY. No quorum. 

Tellers were ordered; and Mr. COGSWELL and Mr. Bailey 
were appointed. 

The House again divided; and the tellers reported — ayes 172, 
noes 1. 

So the bill was ordered to be engrossed for a third reading; 
and it was accordingly r-ead the third time, and passed. 

On motion of Mr. COGSWELL, amotion to i-econsider the last 
vote was laid on the table. 

INVESTIGATION OF JUDICIAL ABUSES. 

Mr. CULBERSON. I ask unanimous consent for the present 
consideration of the resolution which I send to the desk. 

The Clerk read as follows: 

liesolved. That in the investigation now being made by a subcommittee of 
the Committee on the Judiciary ot alleged abuses of process and authority 
by certain otHcers of the Judicial Department ot the United States under a 
resolution ot the House heretofore adopted, the chairman of said subcom- 
mittee be, and he is hereby, authorized to draw for the expenses of the said 
investigation on the Clerk of the House from the contingent fund of the House 
in sums not to exceed J500 at any one time. 

There being no objection, the House proceeded to the consid- 
eration ot the resolution; which was ado])ted. 

On motion of Mr. CULBERSON, a motion to reconsider the last 
vote was laid on the table. 

CONSULAR AND DIPLOM.\TIC APPROPRIATION BILL. 

Mr. BLOUNT, from the Committee on Foreign Affairs, re- 
ported a bill (H. R. 7621) making appropriations for the diplo- 
matic and consular service of the United States for the fiscal 
year ending Jime 30, 1893; which was read a first and second 
time, referred to the Committee of the Whole House on the state 
of the Union, and, with the accompanying report, ordered to bo 
printed. 

Mr. DINGLE Y. I desire to reserve all points of order on that 
bill. 

The SPEAKER. Points of order will be reserved. 

VOTE OF MR. DONOVAN ON THE SILVER QUESTION. 

Mr. LIVINGSTON. I rise to a question of privilege. 

The SPEAKER. The gentleman will state it. 

Mr. LIVINGSTON. On page 2630 of the Record, I am re- 
ported as having said last Thursday night in relation to the vote 
of the gentleman from Ohio [Mr. Donovan]— 

He was here, and voted when his name was called. 

The letter which has been read from the gentleman from Ohio 
this morning appears to call for some explanation from me. 
When the name of Mr. Donovan was called by the Clerk upon 
the vote referred to, the gentleman from Georgia [Mr. Ever- 
ett], the gentleman from Texas [Mr. Long], as well as myself, 
distinctly hoard the response "Nol"' and the Clerk was right 
when he entered that response. I ask the gentleman from Geor- 
gia and the gentleman from Texas to bear me out in the stata- 
mcnt that when the name of the gentleman from Ohio was called 
the answer '■ No" was distinctly given from that part of the 
building [pointing] — somewhere over there. 

Mr. CABLE. I heard distinctly a response when the name 
was called. 

Several Members. Somebody responded in the negative at 
that time. 

ISIr. LIVINGSTON. And here is a gentleman on my left from 
Ohio who says that he heard the response, another on my right, 
and several others wjio heard it. 

Mr. OUTHWAITE. Nobody questions that statement. I 
knew, however, at the time that Mr. Donovan was not on the 
floor. That there was a response at the time I have not the 
slightest doubt^ but it was evidently an error, 

Mr. LIVINGSTON. I only know that somebody voted at that 
time, and I have nothing to take back from what appears in the 
Record. 

Mr. HEMPHILL. I demand the regular order. 



Mr. ATKINSON. I wish to ask the gentleman from Georgia 
a question. 

The SPEAKER. The regular order is demanded. 
enrolled BILL signed. 

Mr. WARWICK, from the Committee on Enrolled Bills, re- 
ported that the committee had examined and foimd truly en- 
rolled the bill (S. 2381) to change the name of the customs col- 
lection district and port of Wilmington. Cal., to Los Angeles, and 
for other purposes; when the Speaker signed the same. 
order of business. 

The SPEAKER. The Chair will direct the committees to bs 
called for reports under the rule. 

conveyance of certain lands to Kansas, 

Mr. AMERMAN, from the Committee on the Public Lands, 
reported back the bill (S. 800) to authorize the Secretary of the 
Interior to convey to the State of Kansas certain lands therein; 
which was referred to the Committee of the Whole House on the 
state of the Union. 

TRINITY CHURCH, HOT SPRINGS, ARK. 

Mr. McRAE, from the Committee on the Public Lands, reported 
back the bill (H. B. 3380) to authorize the trustees of Trinity 
Church. Hot Springs, Ark., to purchase certain lands, with the 
recommendation that it be indefinitely postponed. 

The SPEAKER. In the absence of objection that order will 
be made, and the report will be printed. 

There was no objection, and it was so ordered. 

grade op medical OFFICERS. 

Mr, OUTHWAITE, from the Committee on Military Affairs, 
reported back the bill (S. 1039) to define the g-rade of certain 
medical officers of the Army, and for otlier purjioses; which was 
referred to the House Calendar. 

CUSTODY OF RECORDS, VOLUNTEER ARMIES. 

Mr. OUTHWAITE, from the Committee on Military Affairs, 
reported back the bill (H, R, ()4S3) to provide for the permanent 
preservation and custody of the records of the volunteer armies, 
and for other purposes; which was referred to the House Calen- 
dar. 

pay AND ALLOWANCES OF CERTAIN MINORS. 

Mr. BELTZHOOVER, from the Committee on War Claims, 
reported back the joint resolution (H. Res. 21) authorizing the 
Ijayment of pay and allowance to minors who were discharged 
from the armies of the United States at the close of the war of 
the rebellion, by special order secured by action of friends be- 
fore the data of the general order mtistering out their command; 
which was referred to the Committee of the Whole House on 
the state of the Union. 

BUSINESS FROM THE COMMITTEE ON THE DISTRICT OF COLUM- 

BI.\. 

The SPEAKER. This being the fourth Monday, under the 
rule, if claimed by the Committee on the District of Columbia, 
the Chair will recognize the chairman ot that committee to call 
up measures pertaining to the District. 

PREVENTION OF FRAUD, WATER REVENUES, DISTRICT OF C^ 

LUMBIA. 

Mr. HEMPHILL. I call up for consideration the bill (S. ISSJ) 
to prevent fraud upon- the water revenues of the District of Co- 
lumbia. 

The bill was read, as follows: 

Be it enacted, etc.. That any person who, with intent to injure or defratid the 
District of Columbia, shall make or cause to be made any l)ipe. tube, or other 
instrument or contrivance, or connect the same or cause it to be connected 
with any water main or service pipe or other pipe for conducting or supply- 
ing Potomac water. In such manner as to pass or carry the water, or any por- 
tion thereof, arotmd or without passing through the meter provided lor the 
measuring and registering of the Potomac water supplied lo any premises, 
or who shall, without permission from the Commissioners of the District of 
Columbia, tamper with or break any water meter or break the seal thereof, 
or in any manner change the reading of the dial thereof, shall be deemed 
guilty of'a misdemeanor, and tipon conviction shall be punished by impris- 
onment not exceeding six months, or by line not exceeding KdO. 

The bill was ordered to a third reading; and being read the 
thu'd time was passed. 

On motion of Mr. HEMPHILL, the motion to reconsider the 
last vote was laid upon the table. 

NATIONAL UNION INSURANCE COMPANY OF WASHINGTON. 

Mr. HEMPHILL. I now call up the bill (H. R. 5144) to amend 
an act entitled "An act to incorporate the National Union In- 
surance Company, of Washington," approved February 14, 186-j. 

The bill was read, as follows: 

Beit enacted, etc.. That the .act entitled "An act to incorporate the N.atloniil 
Union Insiu-ance Company, of Washington," approved February 14, 1S65, be, 
and the same is hereby, amended as follows : 

First. In section two, and the tlrst paragraph thereof, cancel the word 
"nine" before "directors," and in place thereof insert the words "not loss 
than nine nor more than fifteen;" so that said section two willrcad: 



2612 



CONGRESSIONAL RECORD— HOUSE. 



Maiich 28, 



"Sec. 2, That the aflairs of the company shall be managetl by not less than 
nine nor more than fifteen directors, to be elected annnally by ballot on the 
second Monday of July by the stockholders or by their legally empowered 
agents; and eacli share of stock shall entitle the holder thereof to one vote; 
the election to be held at the office of the company at a general meeting of 
the stoiklioldcrs convened for that purpose, by ten days' public notice in two 
ornioreof thiMhiily pajicrs of the city of Washington: P/'omito/, That the llrst 
election fordirectors sliall be held jjin'suant to ten days' notice given in one 
or more of the dail>- jiapers of the city of Washington by the persons named 
in the hrst sect!<.n i.f tills act, or any five of them, who shall designate the 
tlmewhenandthe place where said election shall be held; and the stockhold- 
ers shall then and there elect nine directors to serve until the next ensuing 
election as provided for in this act. And at the tirst ensuing meeting of the 
directors alter every election they shall appointoneol their iniinlier as presi- 
dent, who, together with themselves, shall hold office until the next ensuing 
election, as herein provided tor; and Hve members of said board shall com- 
pose a quorum. And in case that an election for directors should not be 
made when, pursu.ant to this act, it should have been made, the company for 
that cause shall not be dissolved; and it shall be lawful, within forty days 
thereafter, to hold and make an election tor directors in such manner as the 
by-laws of the company may prescribe, and the president and directors tor 
the time being shall be continued in office until such election takes place; and 
in the eveitt of death, resignation, or removal of any director from office his 
place tor the remainder of his term may bo tilled by the i^resident and direc- 
tors for the time being, in such manner as the by-laws may prescribe." 

Second. That said act be further amended by the addition of a tenth sec- 
tion, as follows: 

"Sec. 10. That said company may lease, purchase, hold, and convey real 
estate, not exceeding in value teO.OUO, and such in addition as it may acquire 
in satisfaction of debts due the corporation, under sales, decrees, judgments, 
deeds of trust, and mortgages: 

The committee recommcntl the atloption of the following- amend- 
ment: 

Add to section 10 the following proviso: '■Providetl,Tha,t any property so 
acquired in satisfaction of debts due the corporation as above provided shall 
not be held or owned by said company for moie than five years, but shall be 
.sold and conveyed within that time." 

The amendment \va.s adopted. 

The bill as amended was ordered to be engrossed and read a 
third time; and being engrossed, it wasaccoi'dingly read the third 
time 

The question being on its passage, 

Mr. GOODNKJHT said: Mr. Speaker, we can not understand 
what this bill is. I ask that the title of the bill be read. 

The SPEAKER j^i'o /o/iporc (Mr. Richardson in the chair). 
The title of the bill will be again reported. 

The title was again read. 

The bill was passed. 

On motion of Mr. HEMPHILL, the motion to I'econsider the 
last vote was laid itiron the table. 

OPENING OF ALLEYS, DISTRICT OP COLUMBIA. 

Mr. HEMPHILL. I now call up the bill (H. R. ,3971) to pro- 
vide for tht\ opening of alleys in the District of Columbia. 
The bill was read, as follows: 

Be i'. eiiacled,etc.. That the Commissioners of the District of Columbia, as to 
the ordinance of the late corporation of Washington in regard to opening 
and extending alleys, approved November 4, 1842, be, and they are hereby, 
declared to be the legal successors of the mayor of the said corporation, are 
authorized and empowered as fully as the mayor was to open, allt^, or change. 

The bill was ordered to be engrossed and road a third time; 
and being engrossed, it was accordingly read the third time, and 
passed. 

On motion of Mr. HEMPHILL, the motion to recimsidcr the 
last vote was laid upon the table. 

Mr. STOCKDALE. Mr. Speakei", I would like to inquire if 
copies of these bills oughtnot to bo at the Clerk's desk':* We can 
not know what bills are coming up. I have sent several times 
to the Sergeant^at- Arms, and can not get a bill that is being con- 
sidered. We ought to have coiiies of all the.so bills at hand in 
the House. 

The SPEAKERpro tempore. The Chair has no information on 
the subject, but has no doubt that copies of the bills may be olj- 
tained in the document room. 

Mr. STOCKDALE. But, Mr. Speaker, by the time one of the 
pages gets back from the document room the bill has passed. 
and then wo have the pleasure of looking over the bill after it has 
passed. 

The SPEAKER pro tempore. The Clerk has copies of the bill 
at the desk. 

Mr. STOCKDALE. I have sent to the desk, and the reply has 
come back every time that there are ito extra copies there. I 
sent for a copy of this bill that is under consideration now. 

The SPEAKER jjro tnnpore. The Chair will direct that some 
copies of these bills be brought to the desk, in order that mem- 
bers may examine them. 

ROCK CREEK RAILROAL. COMP.\NY. 

Mr. HEMPHILL. I ask to call up the bill (H.R.O^iii) loitmend 
the charter of the Rock Crock Railroad Company. 

The bill was read, as loUows: 

Be it enactnL etc.. That the Rock Creek Railroad Company be. and it is here- 
by, authorized to extend its road from its present terminus on U street to 
Florida avenue, thence along Florida avenue to North Capitol street: Fro- 
Third. That ltsh.all run on the same track with the Metropolitan Railro.ad 
Company between Ninth and Seventh streets. Said comi)auy is authorized 
to extend a 'jrancli road from a point on its line in i liflburne tract across the 



Adams Mill road to Kansas street, thence along Kansas street to Ontario 
avenue, thence along or adjacent to Ontario avenue to the east line of the 
Zoological Park, on such line as shall be approved by the Commissioners of 
the District of Columbia. That the extension and branch herein provided for 
shall be subject, in all I'espects, to the acts of Congress granting and amend- 
ing the charter of the Rock Creek Railway Company as fully as if such acts 
were incorporated herein. 

Sec. 2. That whenever the route of the foregoing extension coincides with 
the track occupied by the Metropolitan Railroad Company, both companies 
shall use the same track upim such fair and equitable terms as may be 
agreed upon by said companies ; antl in the event that said companies shall 
fail to agree upon equitable terms, either of said companies may apply by 
petition to thesupreme courtof the Distrietof Columbia, who shall hear' anil 
determine summarily the matter in due form of law, and adjuiige to the 
proper party the amount of compensation to be paid therefor. Whenever 
more than one of the tracks of said railroad company shall be constructed 
on any of the streets, avenues, or other public highways in the District of 
Columbia, the width of space between the two tracks shall not exceed 4 feet, 
unless otherwise especially ordered by the Commissioners of the District of 
Columbia. 

Sec. 3. That the Rock Clreek Railway Company and the Eckingtou and 
Soldiers' Home Railway Company shall have the power to make any con- 
tracts or agi-eements that may be necessary to enable the said companies to 
run the cars of each or either company over the tracks of the other company, 
and also to contract for and use the power of each or either company to pro- 
pel the cars of the other company. The said extension and branch shall be 
completed within one year and a half from the passage of this act. 

Sec. 4. That the streets or avenues opened under the provisions of this act 
shall conform to the general plans tin- the extension of the streets and ave- 
nues of the District of Columliia, and shall be laid out under the direction of 
the Commissioners of the District of Columbia. 

Seo. .'i. That c<jngress reserves the right at any time to alter, amend, or re- 
peal this act. 

Mr. HEMPHILL. Mr. Spsaker, I ask for the reading of the 
i-eport upon this bill. 
The SPEAKER pro tempore. The Clerk will read the report. 
The report (by Mr. Heard) was read, as follows: 

The Committee on the District of Columbia have had under consideration 
the bill (H. R. 6:;86) to amend the charter of the Rock Creek Railroad Com- 
pany, and make the following report thereon: 

The object of the bill is to authorize and enable the Rock Creek Railroad, 
which is a purely a suburban line, to connect with three of the existing lines 
of street railway now being operated inside the city limits, an<l to liuild a 
brancli line ontsiile the city limits to enable it to reach the Zoologi.:ii l>:irk. 
The line projiosed on U street and Florida .avenue covers only a few squares, 
and thei-e has been no protest against its occupancy of said streets, so far as 
your committee is advised. The other street railroad lines which the exten- 
sion of this affects do not object, but desire the connection which this bill 
gives, and your committee consider the same of material importance to the 
public, and recommend its passage. It has the approval of the District Com- 
missioners, and of the Senate District Committee, which has favorably re- 
ported the same in the form recommended by your committee. 

Mr. HEARD. Mr. Speaker, I deem it only necessary to say. 
in addition to what the report states, that this Rock Creek lino 
biggins at the boundai-y practically, at the head of Connecticut 
avenue and Eighteenth street, and runs entirely outside of the 
city with the exception of probably a very few blocks on Usti-eet, 
near the western boundary. The j)roposition of this bill origi- 
nally was to run the line east on U street and connect with the 
Seventh street lino (which connected it with the Eleventh and 
Ninth street lines), but the Commissioners recommend, and your 
committee adopted the recommendation, that the company be 
coinpellod to extend it still farther, to North Capitol street, by 
which it will connect with two other lines. The object is to give 
this road which runs in the country and runs out through this 
Rock Creek Park section a connection with the city lines of road , 
and this will connect it, I believe, with four or five different lines 
of i-ailroads. 

The other proposition, authorizing them to build a branch line 
and run out to the Zoiilogical Park, refers to a district entirely 
outside of the city, and is either over the land of the company 
or they must buy the right of way for themselves. The Com- 
missioners approve of the proposition, and your committee are 
unanimous in recommending it. I have no doubt that it will 
result in a public benefit. 

Mr. BUCHANAN of New .Jersey. Mr. Speaker, I suppose 
that as the system of granting cor})orate privileges is now being 
carried on in this House and in our State Legislatures perhaps this 
is as innocent a bill as could be presented. But I want to submi- 
to this House whether the time has not arrived when, in th ■ 
capital of this country, 'there should not be some system adopted 
with reference to the transportation of passengers in the city by 
railway. 

It seems to mj, from the cursory examination of the subject I 
have made, that so far we have had an utter lack of system in 
all the cities of this Union in that respect, and it seems to me 
that in the capital of the country, where the legislation must be 
had at th ? hands of the national Congress, where members come 
up from diffei'ent sections of the country, posted as to the best 
means of transportation used in their respective cities, that here 
and perhaps now are the proper place and time for us to stop and 
consider whether, instead of continuing this piecemeal leg-isla- 
tion, granting to one company the right to transport a passen- 
ger for a short distance, and to another and entirely distinct 
company the right to take up that transportation to the end of 
its line and then to turn him over in turn to another corporation, 
we should not adopt some general system to provide foi' the 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



2623 



Cobi). Mo. 

Coburn, 

Cooi'.er, 

Cox.Tenn. 

Cru\N'iorcl, 

Cro.~by, 

Culberson, 

Davis. 

De Armond. 

Dockery, 

DiuiDliy. 

Edmunds. 

Epcs, 

Everett. 

Fithi;in. 

Forney, 

Fyau. 

Gantv.. 

Goodnight, 

Gorman, 

Grady, 



Amerman, 

Atkinson, 

Bartine, 

Belden, 

Belknap, 

Beltzhoover, 

Bentley, 

Berijon, 

BoAvers, 

Bo^vnian, 

Broderick, 

Brosius, 

Buchanan, N. J. 

Bullock, 

Bunting, 

Burrows, 

Busey, 

BsTinm, 

Cadmus, 

Caldwell, 

Campbell. 

Causey, 

Clancy, 

Cockrau, 

Cogswell, 

Coolidge, 

Coombs, 

Craig, Pa. 

Curtis. 

Cutting. 



Allen. 

Babbitt, 

Bacon. 

Baker. 

Banlthead. 

Bingham, 

Blanchard, 

Bland, 

Boatner, 

Bontelle, 

Brawley, 

Breckinridge, Ky. 

Bunn. 

Bvrns, 

Cable. 

Castle, 

Catchings. 

Cheatham. 

Chapin, 

Clark, Wyo. 

Compton, 

Covert. 

Cowles. 

Cox. N. Y. 

Crain. Tex. 

Cunimings. 



Halvorson, 

Hamilton, 

Hare. 

Henderson, N. C. 

Herbert, 

Holman, 

Jones, 

Kent, 

Kilgore, 

Kyle. 

Lanham, 

Lawson, Va. 

Layton, 

Livingston, 

Long, 

Lynch, 

Magner, 

Mallory, 

Mausur, 

McClellan, 

McCreary, 



McKeighan, 

McMillin, 

McRae, 

Montgomery, 

Moore, 

Moses, 

Mulchler, 

O'Ferrall, 

O'Neil, Mass, 

Otis, 

Owens, 

Parrett, 

Patterson, Tenn. 

Patton. 

Paynter, 

Pearson, 

Pendleton, 

Robertson, La. 

Savers, 

Scott, 

Seerley, 



NAYS— 117. 



Dalz.ell, 

Daniell, 

De Forest, 

Dingley, 

Dixon, 

Doan, 

DoUiver, 

Enochs, 

Fellows, 

Fitch, 

Fimston, 

Geary, 

Gelssenhainer, 

Greeuleaf, 

Hall, 

Hallo well, 

Harmer, 

Harries, 

Hatch, 

Haiigen, 

Hemphill. 

Henderson, Iowa 

Henderson, 111. 

Hermann. 

Hitt, 

Hoar. 

Hooker, Miss. 

Hooker, N. Y. 

Hopkins, Pa. 

Hopkins, 111. 



Houk, Tenn. 

Huff. 

Hull, 

Johnson, Ind. 

Johnson, N. Dak. 

Johnson, Ohio 

JoUey, 

Kribbs, 

Lagan, 

Lapham, 

Lawson, Ga. 

Little, 

Loclrwood, 

Loud, 

Martin, 

McAleer. 

McGanu. 

McKinney, 

Meredith, 

r,Ieyer, 

O'Dormell, 

O'Neill, Pa. 

O'Neill, Mo. 

Outhwaite, 

Payne, 

Perkins, 

Post, 

Raines. 

Ray, 

Rayner, 



NOT VOTING— 103. 



Dickerson, 

Donovan, 

Dungan, 

Durborow. 

Elliott, 

Ellis, 

English, 

Enloe, 

Flick. 

Formau, 

Fowler, 

Gillespie, 

Griswold. 

Grout, 

Harter, 

Hayes, Iowa 

Hayues, Ohio 

Heard, 

Honk, Ohio 

Johnstone, S. C. 

Ketcham, 

Laue. 

Lester, Va. 

Lester, Ga. 

Lewis, 

Llnd. 



Lodge. 

McDonald, 

McKaig, 

McKeima, 

Miller. 

MlUiken, 

Mills, 

Mitchell, 

Morse, 

Ne'n'berry, 

Norton, 

Gates, 

Page, R. I. 

Page, Md. 

Pattison, Ohio 

Peel, 

Pickler, 

Pierce, 

Powers, 

Price, 

Quackenbiish, 

Randall, 

Reilly, 

Robinson, Pa. 

Rusk, 

Sanford, 



SheU, 
SMvely, 
Slmpsoii, 
Snodgrass, 
Steward, 111. 
Stewart. Tex. 
Stone. Ky. 
Tarsuey, 
Terry. 
Tillman. 
Turner. 
Warwick. 
Washington, 
Wai ."iOn, 
Wheeler, Ala. 
AVilllams, N. C. 
Williams. Ill, 
Wilson, Mo. 
Winn. 
Wolverton. 



Reed, 

Key burn, 

Richardson. 

Rife. 

Rockwell. 

Russell, 

Scull. 

Shonk. 

Smith. 

Snow, 

Sperry, 

Slackhouse, 

Stephenson, 

Stone, C.W. 

Stone, W. A. 

Taylor, 111. 

Taylor. Tenn. 

Taylor, J. D. 

Townsend. 

Tucker. 

Van Horn, 

Wadsworth. 

Wcadock. 

Whiting. 

WiUiams, Mass. 

Wilson, Wash. 

Wilson, W. Va. 



Springer, 
Stahlneclter, 
Stevens. 
Stockdale. 
Storer. 
Stout. 
Stump. 
Sweet, 
Taylor, E. B. 
Taylor, V. A. 
Tracey. 
Turpin. 
Walker. 
Warner. 
Waugh, 
Wever, 

Wheeler, Mich. 
White. 
Wike, 
Willcox, 
Wilson, Kj-. 
Wise. 
Wright. 
Youmaus. 



The following pairs were announced: 

Mr. ELLIOTT with Mr. Sanford, until further notice. 

For this day: 

Mr. ENLOE'ivith Mr. WILSON of Kentucky. 

Mr. Page of Maryland with Mr. Morse. 

2ilr. Norton with Mr. Stoeek. 

Mr. Stevens with Mr. Randall. 

Mr. Boatner with Mr. Pickler. 

l\Ir. Haynes of Ohio with Mr. LODGE. 

Blanchard with Mr. Quackenbush, for the rest of this 



Mr 
day. 

Mr 
Mr 



Hayes of Iowa with Mr. Ketcham, on this vote. 
Turpin with Mr. Hooker of New York, on all political 
questions, including election case, until further notice, except 
on the silver question. 

Mr. Ezra B. Taylor with Mr. Oates, from i\Iarch 14 to April 
T, 1892. 

Mr. Peel with Mr. Henderson of Illinois, on all political 
questions, and the Bland silver bill. It present Mr. Peel would 
vote ''yea" in all its stages; Mr. Henderson of Illinois would 
vote '' nay " on the main question. 

Mr. HENDERSON of Illinois. Mr. Speaker, I desire to inquire 
if a quorum has voted? 

The SPEAKER pj'O tempore. A quorum has voted. 



Mr. HENDERSON of Illinois. Then I desire to withdraw my 
vote, as I am paired. 

The SPEAI'lJ^R pro tempore. On this question the yeas are 
108, nays 111. The nays have it, and the motion to lay on the 
table the motion to reconsider tlie vote by which the bill was 
laid on the table is not agreed to, and the question now is on the 
motion to reconsider tlie motion by which the bill was laid on the 
table. 

Mr. BRECKINRIDGE of Arkansas. And on that I demand 
the yeas and nays. 

The yeas and nays were ordered. 

.Vfter the Clerk liad proceeded to call the roll for some time, 

Mr. IIOLMAN said: Mr. Speaker, I think there is a misap- 
prehension as to the nature of the vote. 

The SPEAKER pro tempore. Tlic Chair will state the ques- 
tion. Thegentlemanfrom Arkansas I Mr. Breckinridge] mov.-d 
to lay the bill and pendin? amendments on the table, which mo- 
tion prevailed. He then moved to reconsider the vote laying 
the bill and amendments on the table. The latter motion was 
voted upon a moment asfo by yeas and nays, and the House de- 
cided that it would not lay the motion to reconsider on the table: 
and the question now recurs upon the question to reconsider the 
vote by which the bill and amendments were laid on the table. 
Those'in favor of Ihe motion to reconsider the vote laying the 
bill on the table will, when their names are called, vote yea, 
and those not in favor of reconsidering the vote will vote )iay. 

Mr. BRECKINRIDGE of Kentucky. Then the opponents of 
the bill should vote nay? 

The SPEAKER J) ro to?ipore. The Chair can not make that 
statement. 

Mr. BRECKINRIDGE of Kentucky. I will be kind enough 
to make it for the Chair. 

The question was taken; and there were — yeas 114, nays 111, 
not voting 10.5; as follows: 

yeas— IH. 



Atkinson. 


Coombs, 


Hopkins, Pa. 


Reybui-n. 


Barliue. 


Craig, Pa. 
Curtis. 


Hopkins. HI. 


Richardson. 


Belknap. 


Houk, Tenn. 


Rife. 


Uellzhoover. 


Cutting. 


Hutf. 


Rockwell. 


Bentley. 


Dalzell, 


Hull. 


Ru.sk. 


liergen. 


Daniell, 


Johnson. N. Dak. 


Russell, 


Doutelle. 


De Forest, 


Johnson. Ohio 


Scull, 


Bowers. 


Dingley, 


JoUey. 


Shonk, 


Downnan. 


Dixon. 


Kribbs, 


Smith, 


Brawley. 


Dolliver, 


Lagan. 


Stackhousc, 


Breckinridge. Ky. 


Ellis, 


Lapham. 


Stephenson, 


Brudcrick. 


Enochs, 


Lawson, Ga. 


Stone, C. W. 


Buchanan. N. J. 


Fellows, 


Lockwood, 


Stone. W. A. 


Bullock. 


Pitch, 


Loud, 


Stump. 


Bunting. 


Flick. 


McKaig, 


Taylor, 111. 


Burrows. 


Funston, 


McKinney. 


Taylor, Tenn. 


Busey. 


Geissenbainer, 


Meredith, 


Taylor, J, D. 


Bynum, 


Greeuleaf. 


Mllliken, 


Townsend. 


Cable. 


Hallowell. 


Mitchell, 


Tracey, 


Cadmus. 


Harmer. 


O'Donnell, 


Van Horn, 


Caldwell. 


Harries. 


O'Neill, Pa. 


Warner. 


Campbell. 


Haugen. 


O'Neill. Mo. 


Watigh. 


Castle. 


Heard. 


Outhwaite, 


Weadock. 


Causey. 


Hemphill, 


Payne, 


Wever. 


Clancy. 


Henderson, Iowa 


Perkins, 


Whiting. 


Clark. Wyo. 


Hermann, 


Post, 


Wilson, Wash. 


Cix-kram. 


Hitt, 


Rav. 


Wilson, W. Va. 


Cogswell. 


Hoar. 


Reed. 




Coolidge. 


Hooker, Miss. 


Reilly. 






nays-iu. 




Abbott. 


Cooper. 


Kilgore. 


Robertson. La. 


Alexander. 


Cox, Tenn. 


Kyle. 


Savers. 


Andrew, 


Crawford, 


Lanham. 


Scott, 


Arnold. 


Crosby, 


Lawson. Va. 


Seerley, 


BaUoy. 


Culberson, 


Layton, 


Shell, 


Bankhead 


Davis. 


Livingston, 


S-nively, 


Barwig. 


De Armond. 


Long. • 


Simpson, 


Beeraau. 


Dickerson. 


LviK-h. 


Snodgrass. 


Blount . 


Dockery. 


Mallory. 


Spen-y. 


Branch. 


Dirnphy. 


Mansur. 


Steward, 111. 


Breckinridge. ArV 


. Edmunds. 


Marl in. 


Stewart, Tex. 


Bretz. 


Epes. 


M.-clcUan. 


Stockdale. 


Brickjier. 


Everett. 


McK'eighan. 


Stone. Ky. 


Brookshire. 


Filhian. 


McMillin. 


Tarsuey, 


Brunner, 


Forney. 


McKae, 


Terry, 


Bryau. 


Fyan. 


Meyer. 


Tillman, 


Buchanan, Va. 


Ganta. 


Montgcimerv. 


Turner, 


Bushnell. 


Geary. 


Moses. 


Warwick, 


Butler. 


Goodnight. 


Mulchler. 


Washington. 


Camlnetti, 


Gorman. 


O'Ferrall. 


Watson. 


Capehart. 


Grady. 


O'Neil. Mass. 


Wheeler, Ala. 


Caruth. 


Halvorson. 


Oti.s. 


Wlkc. 


Gate, 


Hamilton. 


Owens. 


Williams. N. G 


Clupman, 


Hare. 


Parrett. 


^Vllliams. HI. 


Clarke, Ala 


Hatch, 


Patterson. Tenn. 


Wilson, Mo. 


Cobb, Ala. 


Herbert, 


Patton. 


Winn. 


Cobb. Mo. 


Holman. 


Paynter. 


Wolverton. 


Cobnrn, 


Kent. 


Pearson, 






NOT VOTING-IO:). 




Alderson. 


Bingham. 


Byrns, 


Cowles. 


Allen. 


Blanchard. 


Catchings. 


Cox. N. Y. 


Amerman. 


Bland. 


Cheatham. 


Grain. Tex. 


Babbitt, 


Boatner, 


Chapin. 


Cummings. 


Bacon, 


Brosius. 


Clover, 


Doan. 


Baker, 


Bjown. 


Comi>ton, 


Donovan. 


Belden, 


Bunn. 


Covert, 


Dungan, 



2624 



CONCIRESSIONAL EEOOED— HOUSE. 



March 28, 



Dui'borow, 


Ketcham, 


Oates. 


Storer, 


Elliott, 


I..aue, 


Page, U. I. 


Stout, 


EiiRlisli, 


l^ester, Va. 


Page, Md. 


Sweet, 


Enloe, 


I..ester, Ga. 


Patlison. Ohio 


Taylor, E. B. 


Forniiin, 


Lewis, 


Peel. 


Taylor, V. A. 


Fowler, 


Lind, 


Pendleton, 


Tucker, 


Gillespie, 


Little, 


Pickler, 


Turplii. 


Oriswold, 


Lodge. 


Pierce, 


Wadswoi"'th, 


Grout. 


Magiier. 


Powers, 


Walker. 


Hall, 


MrAleer, 


Price, 


Wheeler, llich 


Haner, 


MeCreary, 


Qtiackenbush, 


White. 


Huyes, Iowa 


McDonald, 


Raines, 


Willcox, 


Haynes. Ohio 


MeCami, 


Randall. 


Williams. Mas 


Heiidersou, N. C. 


MoKenna. 


Rayner, 


Wilson. Ky. 


Hciuler.son, 111. 


Miller, 


Robinson, Pa. 


Wise, 


Hooker. N. Y. 


Mills, 


Sanford, 


Wright, 


Houk. Ohio 


Moore, 


Snow, 


Youmans. 


Johusoii, Ind. 


Morse, 


Springer, 




,Tohustone, S. C. 


Newherry, 


Stahlnecker, 




Jones. 


Norton, 


Stevens, 





Mr. HALL. Mr. Speaker, I would like to be recorded. 

The SPEAKER ^ro tempore. Was the gentleman in the Hall, 
and did he voteV 

Mr. HALL. I did not vote. 

The SPEAKER pro tempore. Was the gentleman in the Hall? 

Mr. HALL. I was not in my seat. 

The SPEAKER pro tempore. Was the g-entleman in the Hall? 

Mr. HALL. I think I was in the Hall. 

The SPEAKER pro tempore. Under the circumstances, the 
gentleman can not he allowed to vote. 

The tollowini"' additional pairs were announced: 

Mr. Hayes of Iowa with Mr. Ketcham, for the rest of the day. 

Mr. Henderson of North Oarolina with Mr. Robinson of 
Pennsylvania, for the rest of the day. 

Mr. FITHIAN. Mr. Speaker, I a'sk for a recapitulation 
vote. 

The SPE AKER pro tempore. The gentleman from Illinois asks 
for a recapitulation of the vote. The vote is very close, and the 
Chair thinks it is proper that it shoidd be recai)itulated. The 
Chair, however, requests gentlemen to pay attention to the an- 
nouni'ements made by the Clerk, so that any error may be cor- 
rected. 

The vote was recapitulated. 

Mr. HEMPHILL. Mr. Speaker, there was some correction 
made by the tally clerk, and I do not know what it was. I would 
like to know what the correction was. 

The SPEAKER pro tempore. The gentleman from Virginia 
[Mr. Lawson] thought that there was a mistake in calling his 
name. 

Mr. HEMPHILL. I could not understand it. 

The SPEAKER pro tempore. On this question the yeas are 
J 14, the nays 110. So the House determines to reconsider the 
vote by which the bill and amendments were laid on the table. 
The question now is on the motion of the gentleman from Ar- 
kansas [Mr. Breckinridge] to lay the bill and pending amend- 
ments on the table. 

Mr. FITHIAN. Mr. Speaker, I would like to ask the gentle- 
man a question 

Tlie SPEAKER 2)ro tempore. That motion is not debatable. 

.Mr. FITHIAN. I want to ask the gentleman from South Car- 
olina [Mr. Hemphill] a question, if the House will allow me. 

The SPEAKER pro tempore. The question is not debatable. 
The gentleman can only ask by unanimous consent. 

Mr. FITHIAN. I ask unanimous consent that I may be per- 
mitted to ask the gentleman from South Carolina a question. 

The SPEAKER pro tempore. Is there objection to the request 
of the gentleman from Jllinois? [After a jiaiise.] The Chair 
liears none. 

Mr. FITHIAN. I should like to know whether the whole 
charge for this institution is tobe upon the Government or whether 
half of it is to be paid by the District of Columbia? 

.Mr. HEMPHILL. I'will state to the gentleman that the bill 
in its present form does not provide that half the expense shall 
be paid bv the District, but there is an amendment pending 

Mr. HOLMAN. The bill provides that the whole of it shall 
be paid out of the Treasury. 

Mr. HEMPHILL. Thegentleman from Indiana [Mr. HOL:\rAN] 
was not asked for his view. Xt-.. ■>"' 

The SPEAKER pj-o tempore. Tlie gentleman I Wliji [ h 11 

< .,c1.- ♦!,... .,.,., ^" 



Pithian] asked uiumimous consent that he might ask the gen- 
tleman from South Carolina [Mr. Hemphill] a question. The 
House gave permission. and the gentleman from Illinois has asked 
his question, and tlie Chair trusts that the gentleman from South 
Carolina will be permitted to answer it. 

Mr. HEMPHILL. The bill itself does not make any provision 
for having one-half of the cost placed ujion the District of Co- 
lumbia, but th.'re is an amendmi-nt jiending 

Mr. HOL.M A N. The bill appropriates .$.50,000 from the Treas- 
ury. 

Mr. (iROUT. The amendment mentioned by the gentleman 



from South Carolina is pending, and the gentleman from Indiana 
[Mr. Holman] knows it. 

The SPEAKER pro tempore. The question is upon the motion 
to lay on the table the bill and pending- amendments. 

Mr. BRECKINRIDGE of Arkansas. Upon that I ask for the 
yi'as and nays. 

The yeas and nays were ordered. 

Pending the roll call, 

Mr. HEMPHILL said: Mr. Speaker. I ask unanimous consent 
that this bill be laid aside until next District day, when we may 
Iiave a fuller House, and that in the mean time member.s may have 
an opportunity to examine the bill 

Mr. BRECKINRIDGE of Arkansas. And that we now ad- 
journ? 

Mr. HEMPHILL. No. There are two or three other meas- 
ures that we desire to bring before the House to-day. 

Mr. BRECKINRIDGE of Arkansas. I have no objection lo 
that. 

The SPEAKER pro tempore. Is there objection to the request 
of the gentleman from South Carolina? 

JNIr. HATCH. Mr. Speaker, a parliamentary inquiry. This 
bill. I understand, will retain its present position on the Calen- 
dar? 

The SPEAKER pro tempore. It will. 

Mr, DOCKERY. And the yeas antl nays have been ordered 
tipon it. 

The SPEAKER pro tempore. Is there objection to the request 
of the gentleman from South Carolina [Mr. Hemphill]? 

There was no objection, and it was so ordered. 



SAFEGUARDS IN THEATERS. 
.\Ir. "HEMPHILL. Now, Mr. Speaker, I want to submit and 
ask to have considered at this time a joint resolution which has 
not been reported until now because we have not had time. 
The joint resolution was read, as follows: 

Joint resolution amending the .ioint resolution "to regulate licenses to 
proprietors ot theaters in the city of Washington, D. C, and for other pur- 
poses," approved February 26, 1892. 

Htftolceit. by tlw StiKLte and House of Jiepeese/ftative.9, (/c. That the Commis- 
sioners of the District of Columbia are hereby authorized to extend for 
a reasonable period, to be determined by them, the time for compliance with 
the regtUatious prescribed by them for the public safety, pursuant to the re- 
quirements of the first section of the joint resolution to regulate licenses to 
proprietors of theaters in the city of Washington. D. C. ;ipproved February 
■Jij, 1892, iu cases where they are satisfied that the persiuis notilled are mak- 
ing due e.xertion to effect stich compliance: aud that said Commissioners 
may coiuinue in force, pending such compliance, the license for any such 
theater or other public place of .amnseraent, proWded that no more than 
ninety days' extension of time in the aggregate shall be allowed for compli- 
ance with such regtilations. 

The SPEAKER pro tempore. Is there objection to the present 
consideration of this joint resolution? 

Mr. BLOUNT. Mr. Speaker. I think there ought to be some 
explanation of it. 

Mr. HEMPHILL. Congress recently passed a resolution au- 
thorizing and requiring the Commissioners of the District of 
Columbia to establish certain regulations for the safety of the 
public in theaters and other places of public amusement, and it 
required that those regulations should be complied with in ten 
days under penalty of a revocation of license. We find now that 
it is impossible to comply with the regulations which the Com- 
missioners have made within the limited period of ten days. 

For instance, they reqtiire the pi-octirement in one theater of 
new curtains which can not possibly bo made in less than twenty 
days. They require the putting of an iron fire-escai)e of iron on 
the upper side of Albaugh's theater. They require tlie taking 
out of the front of that theater and putting in iron steps, and it is 
impossible to do all this work within ten days. That is what the 
jiarties concerned say and the Commissioners say the same 
thing, and they write asking that this resolution be passed, au- 
thorizing them to extend the time to a reasonable extent, not 
exceeding under any circumstances, ninety days. 

The joint resolution having been read twice, was ordered to be 
engrossed and read a third time, and it was accordingly read the 
third time, and passed. 

Mr. HEMPHILL moved to reconsider the vote by which the 
joint resolution was passed, and also moved that the motion to 
^consider be laid on the table. 

The latter motion was agreed to. 



INSPECTOR of plumbing, DI.STRICT OF COLUMBIA. 

Mr. HEMPHILL. Mr. Speaker, I call up the bill (S. 14S12) to 
authorize the aj^pointment of an inspector of plumbing in tlie 
District of Coltimbia, and for other purposes. 

The bill was read, as follows: 

Jin it tiiacled. (tc. That the Commissioners of the District of Columbia aud 
their successors be, and they hereby are, authorized aud empowered to 
make, modify, and enforce regitlations governing plumbing, house drainage, 
and the ventilation, preservation, and maintenance in good order of house 
sewers and public sewers in the District of CoUimbia, and also regulations 
governing the examination, registration, and licensing of plumbers and tho 



189 



o 

Hi 



OONGllESSIONAL RECORD— HOUSE. 



2625 



fione thereunder, within the lime limited by the Commissioners for doing 
snrh worli, or as the said time may be extended by said Commissioners^ 
shall upon conviction thereof be punishable by a tine of not more than *-00 
tor eai-h and every such offense, or In default of payment of fane, to impiis- 
onnient not to exceed thirty days. , .,. . ,„ h„ n„,i ii,„v 

SEC ^ That the said Commissioners and their successors be. and they 
hereby are, authorized and empowered to require every pers9n lice_nsed to 
practice the business of plumblug in the District of Columbia befoi« " " 
eaeine in the said business, to lile a bond msurh amount and wth such nuiii- 
be? of sureties as the said Commissioners shall delernuue conditioned upon 
the faithful performance of all work in compliance with the plumbing i emu- 
lations and that the District of Columbia shall be kept harmless from the 
consequeiice of any and all acts of the said licensee during the period covered 

^rxfa^'Thaftiie said Commissioners and their successors be, and they 
hereby are authorized to establish and charge a fee for each permit granted 
to connect any building, premises, orestablishmeut with any sew-er, water, 
or gas main, or other uudergTOund structure located in any public str.-et, 
avenue alley, road, hiuhway, or space; and also to establish and charge a 
fee tor each permit gi-anted to make an excavation in any public street, ave- 
nue, alley, highway, road, or space, for the purpose <>f repairing, a terimr. or 
extending, any house, sewer, water main, or gas main. < >r . .tliir uiidergr. nind 
construction. The tees authorized by this section shall be paiii lo the .oi- 
lector of taxes of the district of Columbia and by him deposit, d in the Ireas- 
uryof the United States, to the credit of the District of (.".dumbia. 

SEC 4 That the said Commissioners of the District (jf Columbia and then 
successors be. and they hereby are. authorized and empowered to appoint an 
inspector of plumbing and such number of assistants as they deemneces- 
sarv which may be authorized by appropriations made by Congress, not ex- 
ceeding four in and for the District, whose duty it shall be, imder the direc- 
tion of said Commissioners, and they are hereby empowered accordingly, to 
inspect or cause to be inspected all houses when in course of erection m said 
District to see that the plumbing, drainage, and ventilation of sewers thereof 
contorni to the regulations hereinbefore provided for ; and also at any time, 
during reasonable hours, under like direction, to Inspect or cause to be in- 
spected any house in said District, to examine the plumbing, drainage, and 
ventilation of sewers thereof, and generally to see that the regulations 
hereinbefore provided for are duly observed and enforced. 

SEC. 5. That all laws or parts of laws inconsistent herewith be. and they 
hereby are, repealed. 

The SP.EAKER. The question is on the third reading of the 
Senate bill. 

Mr. BUCHANAN of New Jersey. Mr. Speaker, I listened 
with what care I could to the reading of the bill, but I did not 
catch the amount of the salary named in it. 

Mr. HEMPHILL. That is to bo provided tor by the commit- 
tee. 

Mr. BUCHANAN of New Jersey. So that the committee can 
vary the compensation of these people at their own sweet will. 
Is tiiat the purpose"? 

Mr. HEMPHILL. That is not the purpose, but that is the 
way the bill came over to us from the Senate and we have agreed 
to it. 

Mr. BUCHANAN of New Jersey. Then there is nothing to 
prevent the Committee on Appropriations from appropriating, 
in a moment of liberality, $10,000 a year for this otHcial. 
Mr. HEMPHILL. No, sir. 

Mr. BUCHANAN of New .Tersey . How many ofticials does the 
the bill provide fory 

Mr. HEMPHILL. An inspector of plumbing, and three as- 
sistants, I think, or four. 

Mr. BUCHANAN of New Jersey. That Avould make live ad- 
ditional officers. 
Mr. HEMPHILL. Yes, sir. 

Mr. BUCHANAN of New Jersey. I simply wanted to call the 
attention of the gentleman from Indiana [Mr. Holman] to that 
fact, but he does not seem to be here. [Laughter.] 
The bill was read a third time. 

Mr. HOLMAN. I wish to inquire whether this bill imposes 
any charge on the Treasury? 
Mr. HEMPHILL. It does not. 
Mr. HOLMAN. How are these officers to be paid? 
Mr. HEMPHILL. By salaries to be appropriated hereafter 
upon the report of the Committee on Appropriations. 
Mr. HEARD. Are not these officers to be paid by feesV 
Mr. HOLMAN. If the bill creates five new salaried officers, 
J certainly object to it. 

Mr. HEARD. My impression is that these officers are to be 
paid by fees. 

Mr. HEMPHILL. I beg pardon of the gentleman from In- 
diana. I see now, on examining the bill, that salaries are to be 
paid— $2,000 per annum to the inspector and -$1,200 to each of the 
assistants. 

Mr. BUCHANAN of New Jersey. Is that provided in the bill 
as read by the Clei-k? 
Mr. HEMPHILL. Yes, sir. 

Mr. BUCHANAN of New .Ter.sey. I was listening, and did 
not hear that provision. 

Mr. HEARD (to Mr. Hemphill). Does the bill provide sala- 
ries? 
Mr. HEMPHILL. Yes, sir. 

,\Ir. HEARD. My impression was that these officers were to 
bo paid by fees. 



Mr. HEMPHILL. They are to be paid out of the fees coming 
in; but they are not to get all the fees that come in, 

Mr. HOLMAN. I do not think that these five officers should 
be fastened upon the Treasury. AVe know how fees come in. I 
certainly think my friend from South Carolina can frame this 
bill so as not to create anew class of salaried officers. The bill 
could very readily be arranged so that the fees should I);' paid 
directly to the parties who do the inspection. If the fees which 
these officers are to receive be paid by the persons for whom the 
work is done, I have no objection. 

Mr. HEMPHILL. The fees have to be paid in the lirst in- 
stance into the Treasury. Under existing arrangements there 
is no authority for any of these officers to receive any fees; and 
they make nothing out of it. This bill simply provides that theso 
men shall have a reasonable salary out of the fees received from 
this work. 

Mr. HOLMAN. What is the salary? 

Mr. HEMPHILL. Two thousand dollars for the inspector and 
$1,200 for each of the assistants. 

Mr. HOLMAN. How many assistants? 
Mr. HEMPHILL. Not e.xcee'lhig four. 

Mr. HOLMAN. Then this means that five new salaried offi- 
cers, one at $2,000 and the others at $1,200. are to be created. It 
would be a very easy thing to provide that the expense of these 
services be paid by "the persons who have the work done. Why 
not? 

Mr. HEMPHILL. For the reason that if the fees foi- this class 
of work should amount to ten or fifteen thousand dollars a year 
there is no reason why these inspectors should get the whole 
amount. That is all there is of it. Wo have been obliged to cut 
down the pay of the recorder of deeds and the registei- of wills, 
whose compensation has been made up oFfees, and to give those 
officers a limited salary. This bill provides a limited salary for 
the inspector of plumbing and his assistants. 
Mr. HOLMAN. Who is to collect these fees? 
Mr. HEMPHILL. They are to \>z paid to the colleiMor of 
taxes, who is to turn them into the Trea,sury of the United States. 
Mr. BUCHANAN of New Jersey. Let mo call the gentle- 
man's attention to the fact that, so far as I haveexamined, neither 
the manuscript bill as read by the Clerk, nor the printed copy of 
the bill as passed by the Senate, contains any provision as to the 
amount of salary. 

Mr. HEMPHILL. Mr. Speaker, does not the fifth section of 
this bill make provision as to these salaries? 

The SPEAKER jiro icmiwre. Section Ti is simply a reiiealing 
provision, which the Clerk will read. 
The Clerk read as follows: 

Sec. 5. That all laws or parts of laws inconsistent herewith be, and they 
hereby are, repealed. 

Mr. HEMPHILL. Now, I ask the Clerk to read section 4. 

The Clerk read as follows: 

SEC. 4. That the said Cimimlssioners ot the District of Columbia and their 
successors be. and tliev hereby are. authcu-ized and empowered to appoint an 
inspector of plunihiug and such number of assistants as they deem necessary, 
which may be authorized bv appropriations made by Congress, not exceed- 
in" four in and for the District, who.se duty it shall b,-. under the direct ion ot 
saTd Commissioners, andthevare hereby empowered accordingly, to inspect, 
or cause to be inspei-ted. all houses when in course ot erection in said Dis- 
trict, to see that the ]ilumliing. drainage, and ventilation of sewers thereof 
conform to the regulations hereinbefore provided for; and also at any time, 
during reasonable hours, under like direction, to inspect, or cause to be in- 
spected any hcnise in said Ulstrict, to examine the plumbing, drainage, and 
ventilation'ot sewers thereof, and generally t.i see that the regulations here- 
inbefore provided for are duly observed and enforced. 

Mr. HEMPHILL. It sjcms. Mr. Speaker, that the Senate bill 
as printed and the Senate bill as engrossed are different things; 
ill this way I was misled when I made my statement to the gen- 
tleman from Missouri [Mr. He.\Rd[ and the gentleman from In- 
diana [Mr. Holman]. I am willing that the bill as passed by 
the Senate, leaving out all provision for salaries, be passed by 
the House. I think that ought to satisfy the gentleman from 
Indiana. 

Mr. HOLMAN. I am satisfied it all provision for the creation 
of new salaried officers is omitted. 

Mr. HEMPHILL. Then I ask a vote on the passage ot the 
bill. 

Mr. HOLMAN. The amendment, I believe, has not yet been 
placed on the bill. 

Mr. HEMPHILL. It has not been amended; but the Senate 
bill, read from the desk, the manuscript bill, which is the real 
bill, does not jirovide any salary. The bill which wa,s printed as 
the Senate bill did provide a salary, and I imagine the mistake 
came about by this clause being stricken out in the Senate. But 
as the bill is read by the Clerk, and will be pa,ssed by the House, 
it does not provide any salary. I am willing it should be passed 

in that way. ,,,,•! 

Mr. HOLMAN. Does it provide that these fees shall 1x5 paid 
direct to the inspector by the pei-son who has the work done? 



XXIII- 



-105 



CONGRESSIONAL RECOllD— HOUSE. 



Maech 28, 



Mr. HEMPHILL. No, sir; it does not provide that they shall 
be paid directly to the inspector, but that they shall bo paid 
through the assessor's office and into the Treasury of the United 
States. This will leave the question of compensation to the in- 
spectors to l)e fixed by the Committee on Appropriations. 

Mr. HOLMAN. I submit to the gentleman from South Caro- 
lina that it -would be better, and more in harmony with safe leg- 
islation, to let this bill be recommitted with instructions to so 
amend the bill that the fees thereby provided for shall be paid 
to the inspection officers by the persons for whom the work if, 
done. It is a private bvisiness largely, not public. 

Mr. HEARD. Mr. Speaker, I want to ask if the gentleman 
from Indiana thinks it would not be safe to leave in the hands of 
the Committee on Appropriations the fixing of the compensation 
of these officials? Now, while it is, in one sense, as the gentle- 
man has said, a private matter, to the extent that the private in- 
dividual is to pay for the inspection, it is in another, and in a 
much broader sense, a public matter of very great concern. 
Under existing law it is competent to control the inspection and 
supervision of plumbing in new houses being erected. 

But these officers have no authority whatever, as I am ad- 
vised, to overhaul and control the plumbing in old buildings, 
these old hotels and other establishments in the city; and it is 
regarded that this work is vitally important, not only to the 
health of those living in such buildings, but to the adjacent com- 
miuiity. The bill provides for the necessary inspector and only 
so many plumbers as may be necessary shall be employed, and 
leaves to the Committee on Aijpropriations the providing for 
compensation. I should think that ought to be entirely satisfac- 
tory. 

Mr. HOLMAN. But when you create an office you make a 
charge upon the Treasury for compensation, and the first thing 
you know the fees to bo paid will disappear, and all that will ro- 
mahj will bo the fact that certain new officers are apjjointed 
whose salaries must be provided for. 

Mr. HEARD. Oh, well, that is merely an assumption. 

Mr. HOLMAN. I know it is an assumption, but it is entirely 
in accordance with my exiserience since I have been in Congress. 

I insist, Mr. Speaker, that the gentleman shall so amend the 
bill that this comparatively private business shall be transacted 
as jirivato business is generally transacted elsewhere. 

Mr. HEMPHILXi. I venture to assert to the gentleman from 
Indiana that he can not find a well-regulated city in the United 
States that is governed in any of its departments on any such 
principle as that. This plan is certainly as safe as anything that 
can be adopted. All the publicmainsthrongh which the water of 
the city comes are public property. The Commissioners ought 
to have some power of saying that they shall not be tapped unless 
there is a fee paid, and when that fee is received it ought to go 
into the public Treasury; and these officers who perform the duty 
of inspection should be allowed a reasonable salary for the work 
done, which will bo fixed, of course, by the Committee on Ap- 
propriations. 

Mr. HOLMAN. But I submit to my friend from South Caro- 
lina that this business is so purely a private matter that Con- 
gress should have nothing at all to do with it. 

Mr. HEMPHILL. Now, Mr. Speaker, on that point a word. 

Mr. HOLMAN (continuing-). These inspectors 

Mr. HEMPHILL. Let me say to the gentleman just there 

Mr. HOLMAN. Let me finish my statement first. These in- 
spectors are appointed by the Commissioners. Now, there are 
how many inspectors, I wish to inquire of the gentleman before 
proceeding, in this City? 

Mr. HEMPHILL. At present there are none, T will say in 
response to the question. They run wild, so to speak, and all the 
public water mains here that we have made large appropria 
tions for, and are making appropriations for every year, are be- 
ing tapped by these people at will without law or regulation to 
control them. 

Mr. HOLMAN. When this matter was up in the last Con- 
gress the attention of the House was called to the fact that there 
were a great number of inspectors. Now, how are they paid? 

Mr. HEMPHILL. There are no inspectors in this deisart- 
ment now. 

Mr. HEARD. The Committee on Appropriations have to 
make provision for their salaries, and you ought to know what 
the amount is. 

Mr. HOLMAN. Well, there are inspectors here. 

Mr. HEARD. There is a building inspector, Mr. Entwistle; 
but my information from the Commissioners is that they have 
no authority at present to overhaul the plumbing in these old 
buildings. They can inspect the new ones that are being erected, 
but that is as far as their authority goes. 

Mr. HOLMAN. Oh, well, if gentlemen want to pile up bur- 
dens upon the Treasury — — 

Mi\ HEARD. We do not want to, and we do not want the gen- 



tleman from Indiana to put us in that attitude. Our committee 
stand here having recommended the cutting down of the fees of 
the recorder and the registei', which the gentleman's committee 
had failed to cut down. We did that by an amendment to the 
bill which your committee brought in here, and we do not pro- 
pose to have the gentleman put us in any such position as he 
suggests now. He can not thus pose before the country at our 
expense. 

Mr. HOLMAN. But my friend admits, I suppose, that this 
is a proposition to create five new jjublic offices? 

Mr. HEARD. I admit that it proposes to create the office of 
an inspector and as many assistants as the Commissionersi find 
necessary, but it leaves the whole question of providing compen- 
sation to the Committee on Approisriations. 

The gentleman from Indiana can sit on those fellows as much 
as he has a mind to, and pose before the country as the savior of 
its money in that direction. 

Mr. HOLMAN. My friend knows very well that when you 
create an office the officer must be paid. 

Mr. HEARD. My dear sir, you have the opportunity to say 
how much the compensation shall be, and that limits it. 

Mr. HOLMAN. I know how it is with public offices. They 
grow right straight along; when you get them fastened on tho 
Treasury you do not get them otT. The policy of the gentlemen 
of the District Committee is to let these inspectoi-s be appointed, 
while there are certainly now quite a number of inspectors. 

Mr. HEARD. There are building inspectors. 

Mr. HOLMAN. They are inspectors just as much as these 
are. 

iSIr. HEARD. But they are not plumliors, nor inspectors of 
plumbing. 

Mr. HOLMAN. How many inspectors arc there? 

Mr. HEARD. I do not know. There is one buUding inspector. 
I suppose he has such assistants as may be required to do what 
is necessary in the supervision of the construction of new build- 
inn-s; but the point is made that these inspectors have no right 
to inspect plumbing already put into houses. The Commission- 
ers and others who have investigated it insist that to overhaul 
the plumbing in these old hotels and other buildings is a vital 
matter to the health of the city. 

Mr. HOLMAN. How many salaries are we now paying for 
inspection in this city? 

Mr. HEARD. My information is that there is a building in- 
spector. I do not know how he is paid. The gentleman who 
gets up the appropriation bill ought to know. He is perhaps 
paid by fees. 

Mr. HOLMAN. Why not pay these other officers in the same 
way? 

Mr. HEMPHILL. Has the gentleman from Indiana completed 
his remarks? 

Mr. HOLMAN. I wish to make a motion to recommit. 

Mr. HEMPHILL. I would like to state for the informatiou 
of the House 

Mr. HOLMAN. Mr. Speaker, I wish to submit this motion to 
recommit the bill. 

The SPEAKER pro tempore. The gentleman from Indiana of- 
fers the amendment, which tho Clerk will report. 

The Clerk read as follows: 

To recommit with instructions to amend the bill, so that the services of 
the inspectors shall he paid directly hy the persons whose property is in- 
spected, and not out of the irablic Treasiu'y. 

The SPEAKER pro tempore. The question is on the amend- 
ment of the gentleman from Indiana. 

Mr. HEMIPHILL. I would like to say something about th&t. 
The bill as it is now prepared provides that certain fees for 
licenses and otherwise are to bo paid to the assessor of the Dis- 
trict of Columbia, and deposited in the United States Treasury. 
It provides for an inspector of plumbing and not to exceed four 
inspectors, to be provided for by the Committee on Appropri- 
ations. The gentleman from Indiana [Mr. Holman] asks that 
this bill shall be recommitted with instructions that all fees re- 
ceived from the opening up of the water niains, and other such 
matters connected with the District of Columbia, shall be re- 
ceived by the man who does the work; and if it amounts to $10,- 
000, that he shall get it. I say that there is an injustice in allow- 
ing any such regulation as that. The gentleman from Indiana 
knows that the recorder of deeds in this District has been draw- 
ing from $10,000 to $15,000 a year in fees out of the money of the 
people of this District and adjoining country Iiere; and we have 
within the last month cut his salary down to $.3,600. Now, this 
is a proposition to do exactly the same thing for other people, 
after we have refused it to the recorder of deeds. 

Now, the gentleman has no information as to the amount of 
fees these inspectors will get. He has no idea how much the 
work is; and I say that this House ought not to instnict this 
committee to bring in a bill to direct that the services of the in- 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



2627 



spectoi-8 shall be paid for directly bj' persons having the work 
done instead of paying them salaries. 

Mr. HOLMAN. I think that this private business of plumb- 
ing- in the city should not be a source of revenue, and it should 
nol. be a source of expenditui-es either. As this bill will stand, 
without any reference to what the fees paid hero may be, or the 
salaries fixed, they have to be paid. 

Mr. HEMPHILL. I have said that the bill as read from the 
Clerk's desk does not provide a cent for it. 

INIr. HOLMAN. It provides for the inspectors. 

Mr. HEMPHILL. Well, let the Committee on Appropriations 
provide for the payment then, if the work is to be paid for out 
of the fees. ^ ~, , 

Mr. HOLMAN. When you propose to create offices, of course 
the salaries must be provided for. 

Mr. HEMPHILL. I trust that the House will not put the 
Committee on the District of Columbia in the ridiculous attitude 
that the gentleman from Indiana asks it shall be put. 

i\Ir. HOLMAN. If the gentleman will allow me to finish my 
sentence, I think this business should be conducted in this way: 
The District Commissioners, who are the recognized authorities 
here, should appoint the inspectors, and let them fix the fees low 
enough so that no more shall be paid than would afford a rea- 
sonable compensation. I insist that our Government should have 
just as little to do with the aflairs of this District as possible. 
It only seems to increase the charges against the public Treasury, 
and somehow or other tends to diminisli the charges that the Dis- 
trict of Columbia are to pay. 

On i-eflection, while I certainly think that gentlemen are 
honest in their efforts not to increase the number of public offi- 
cers unnecessarily, and while I regret the Committee on the 
District of Columbia have not informed us how many inspectors 
there are now and the amount of their salaries, and how they 
are paid — while wo have no such information before us what- 
ever, I will not further antagonize the committee, but will see 
whether I can not make some such arrangement. Now, Mr. 
Speaker, I withdraw my motion. 

Mr. HEARD. I desire only to say to the gentleman from In- 
diana that I join in his expression of i-egret that the informa- 
tion has not come to the House, but think we might naturally 
expect that such information ought to be in the possession of 
the Committee on Appropriations; for surely they ought to know 
more about this than the Committee on the District of Colum- 
bia, since that is the committee which appropriates the money 
to pay all such salaries. 

The health of this District seems to me a matter of sufficient 
importance to require the exercise of these duties. It appears 
to me clearly necessary; and I do not believe there is a gentle- 
man on the floor of this House who, upon reflection or investi- 
gation, will decide that there ought not to be inspectors of all 
plumbing in this District. 

The SPEAKER pro tempore. The question is on the motion 
of the gentleman from Indiana [Mr. Holman] to recommit the 
bill with instructions. * 

Mr. HOLMAN. I said, Mr. Speaker, that under the circum- 
stances I shall not antagonize the Committee on the District of Co- 
lumbia and would withdraw my motion, with the statement that 
when the opportunity occurs I will seek to get this matter so 
arranged as to provide that these inspectors shall be appointed 
by the District Commissioners and that the fees charged shall 
only be sufficient to pay a reasonable compensation to the per- 
sons employed as inspectors by the persons for whose benefits 
the inspection is made. 

The SPEAKER pro tempore. The gentleman withdraws the 
motion to recommit, and the question now is on the passage of 
the bill. 

Thequestion was taken; and the Speaker pro iempore announced 
that the ayes seemed to have it. 
Mr. BAILEY. I demand a division, Mr. Speaker. 
The House divided; and there were — ayes 65, noes 16. 
Mr. BAILEY. No quorum. 

Mr. BUCHANAi^ of New Jersey. I move that the House do 
now adjourn. 

Mr. DOCKERY. Pending that, I ask the gentleman from New 
Jersey to permit the Chair to lay before the House a few personal 
requests. 

LEAVE OP ABSENCE. 

By unanimous consent, leave of absence was granted as follows; 
To Mr. Wilson of Kentucky, indefinitely, on account of im- 
portant business. 
To Mr. Johnson of Indiana, this day, on account of important 

Mr. DOCKERY. On behalf of the subcommittee on appro- 
priations charged with the investigation of the World's Fair ex- 
penditures, I desire to ask indefinite leave of absence. The com- 



mittee consists of ISIr. Breckinridge of Arkansas, Mr. Comp- 
TON of IMaryland, Mr. Henderson of Iowa, Mr. Cogswell of 
Massachusetts, and myself. 

There was no objection, and leave was granted. 

The motion of ISlr. BUCHANAN of New .Jersey was then agreed 
to: and accordingly (at 5 o'clock and 1 minute p. m.) the House 
adjourned. 

REPORTS OF COMMITTEES. 

Under clause 2of Rule XIII, private bills and resolutions were 
severally reported from committees, delivered to the Clerk, and 
referred to the Committee of the Whole House, as follows: 

By Mr. BYRNS, from the Committee on Claims: A bill (H. R. 
3223) for the relief of Daniel Woodson and of the estate of Ely 
Moore. (Report No. 880.) 

By Mr. COX of New York, from the Committee on Claims: A 
bill (H. R. 4303) for the relief of Franklin Lee and Charles F. 
Dunbar. (Report No. 881.) 

By Mr. BULLOCK, from the Committee on Claims: A bill (H. 
R. 3675) for the relief of W. T. Scotl and others. (Report No. 882.) 

By Mr. MANSUR. from the Committee on Claims: 

A bill (S. 1538) for the relief of the heirs of James S. Ham. (Re- 
port No. 883.) 

A bill (S. 1539) for the relief of the hcirsof John W. Vose. (Re- 
port No. 884.) 

By Mr. STONE of Kentucky, from the Committee on War 
Claims: 

A bill (H. R. 3375) for the relief of the Little Rock and IMem- 
phis Railroad Company. (Report No. 885.) 

A bill (H. R. 1094) for the relief of Laura E. Maddex, sole ex- 
ecutrix of Joseph H. Maddox, deceased. (Report No. 886.) 

By Mr. HOUK of Teimessee, from the Committee on War 
Claims: A bill (H. R. 6813) for the relief of the widow of Dabney 
Walker. (Report No. 887.) 

By !Mr. DOLLIVER, from the Committee on War Claims: A 
bill (S. 634) to authorize and direct the Secretary of War to in- 
vestigate the claim made for fuel alleged to have bscn taken and 
used by the United States Army during the war from the prop- 
erty in Chattanooga known as •• Cameron Hill," and to provide 
for the payment thereof. (Report No. 888.) 

By Mr. PAGE of Rhode Island, from the Committee on Claims: 
A bill (H. R. 5271) for the relief of the heirs of the late Mrs. 
Catherine P. Culver. (Report No. 889.) 

By Mr. SHELL, from the Committee on War Claims: A bill 
(H.R. 1015) for the relief of Rinaldo Johnson and Ann E. John- 
son. (Report No. 890.) 

By Mr. NORTON, from the Committee on Pensions: A bill 
(H.R. 6703) fortherelief of Agnes P. Ellis, of Lincoln County, Mo. 
(Report No. 897.) 

By Mr. PARRETT, from the Committee on Pensions: A bill 
(H. R. 5599) to increase pension of George Marshall. (Report No. 
898.) 

By Mr. WILSON of Missouri, from the Committee on Pen- 
sions: 

A bill (H. R. 2395) granting a pension to D. M. Lang. (Report 
No. 899.) 

A bill (H. R. 2399) granting a pension to John Mercer. (Re- 
port No. 900.) 

A bill (H.R. 3120) to pension Abraham Landes, for services in 
the Black Hawk war. (Report No. 901.) 

A bill (H. R. 3845) to increase the pension of Edward R. Chap- 
man. (Report No. 902.) 

By Mr. BELTZHOOVER, from the Committee on War Claims: 

A bill (H. R. 4112) for the i-elief of the Roman Catholic Church 
of St. Peter's, at Jackson, Miss. (Report No. 903.) 



BILLS, RESOLUTIONS, AND MEMORIALS. 

Under clause 3 of Rule XXII, bills, resolutions, and memorials 
of the following titles were introduced, severally read twice, and 
referred as follows: , 

By I*Ir. SMITH of Arizona: A bill (H. R. 7625) for the relief of 
certain settlers on public land in the Tucson land district, in 
Arizona — to the Committee on the Public Lands. 

By Mr. HARVEY: A bill (H. R. 7626) toamend the second pro- 
viso of the twenty-second section of the act entitled ''An act to 
provide a temporary government for the Territory of Oklahoma, 
to enlarge the jurisdiction of the United States court in the In- 
dian Territory, and for other purposes," approved May 2,1890— 
t-o the Committee on the Public Lands. 

By :Mr. BELTZHOOVER: A bill (H. R. 7627) to establish a 
limited post and telegraph service, and for other purposes— to 
the Committee on the Post-Office and Post-Roads. 

By Mr. CULBERSON (by request): A bill (H. R. 7628) relat- 
ing to the courts in the Territory of Oklahoma— to the Commit- 
tee on the Judiciaiy. 



CONGRESSIONAL EECOED— HOUSE. 



Maech 28, 



By Mr. BRODERICK: A bill (H. R. 7629) to prohibit the sale of 
intoxicatins- liquor on land belonging: to any national military 
home for disatjled soldiers, and for other purposes — to the Com- 
luittoo on Military Affairs. 

By Mr. DURBOROW: A bill (H. R. 7630) to amend section 22 of 
an a'ct to regulate commerce, approved February 4, 1887, and as 
amended March 2,1889 — to the Committee on Interstate and For- 
eign Commerce. 

By Mr. SMITH of Arizona: A bill (H. B. 7631) authorizing the 
removal of the Indians of the Papago or Gila Bend Reservation 
in Maricopa County, Ariz., to the Papago Reservation in Pima 
County, or to one of the Pima and Maricopa Reservations known 
as the CJila River and Salt River Indian Reservations — to the 
Committee on Indian Affairs. 

By Mr. SMITH of Arizona; A l)ill (H. R. 7632) to provide for 
the construction ot a levee at the junction of the Oila and Colo- 
rado Rivers, near Yuma, Ariz., and to improve and maintain the 
navigable condition ot the Colorado River — to the Committee on 
Rivers and Harbors. 

By Mr. HARVEY: A bill (H. R. 7633) to ratifyand confirm an 
agreement with the Kickapoo Indians, in Oklahoma Territory, 
and to make appropriations for carrying the same into effect — 
to the Committee on Indian Affairs. 

By Mr. FUNSTON: A bill (H. R. 7634) to authorize the con- 
struction of a bridge across the Kansas River — to the Committee 
on Interstate and Foreign Commerce. 

By Mr. HOAR: A bill (H. R. 76:?5) to provide for the recovery 
ot duties erroneously assessed and paid in certain cases — to the 
Committee on Claims. 

By Mr. JOHNSON of Ohio (by request): A bill (H. R. 7636) 
to amend soction 738, chapter 22. of an act of Congress for the 
District of Columbia, passed .lune 19, 1860, specifying and desig- 
nating the grounds for divorce — to the C'ommittee on the Dis- 
trict of Columbia. 

By Mr. HERBERT: A bill (H. R. 76S3) to increase the ef- 
ficiency of the Navy by the reorganization of the active list of 
line olticers and to establish in the futui-e a regular .system of 
promotion, and for other purposes— to the Committee on Naval 
Affairs. 

By Mr. O'NEILL ot Pennsylvania: A bill (H. R. 7684) to amend 
rule 7, section 4233, of the Revised Statutes— to the Committee 
on Interstate and Foreign Commerce. 

By Mr. BELTZHOOVER: A joint resolution (H. Res. 114) pro- 
posing an amendment to the Constitution of the United States 
in relation to the election of President and Vice-President— to 
the Select Committee on Election of President and Vice-Presi- 
dent and Representatives in Congress. 

By Mr. SMITH of Arizona: A resolution making inquiry ot 
the .Secretary of the Interior as to the number of acres of im- 
surveyed land within the Atlantic and Pacilic Railroad grant in 
Arizona and New i\Ie.\ico and cost of surveying same — to the 
Committee on the Public Lands, 



PRIVATE BILLS, ETC. 

Under clause 1 of Rule XXII, private bills of the following 
titles were presented and refei'red as indicated below: 

By Mr. ALLEN: A bill (H. R. 7637) for the relief of Shelby 
Newman, ot Alcorn County, Miss. — to the Committee on War 
C'laims. 

Also, a bill (H. R. 7638) for relief of estate of Francis Whit- 
field — to the Committee on War Claims. 

Also, a bill (H. R. 7(i39) for the relief of the estate of James 
Roach, deceased, of Hinds County, Miss. — to the Committee on 
War Claims. 

Also, a bill (H. R. 7640) for the relief of F. S. Casper— to the 
ommittee on War Claims. 

Also, a bill (H. R. 7641 ) for the relief of the trustees ot Cumber- 
land Presbyterian Church of Corinth. Miss. — to the Committee 
on War Claims. 

By Mr. ANDREW; A bill (H. R. 7642) for the relief of Cliarles 
Erskine — to the Committee on Claims. 

By Mr. BELTZHOOVER; A bill (H. R. 7643) for the relief of 
Abraham Ho<-kendorn — to the Committee on Invalid Pensions. 

By Mr. BRUNNER: A bill (H. R. 7644) granting an increase 
of pension to Benjamin F. Fair— to the Committee on Invalid 
Pensions. 

Also, a bill (H. R. 764.')) for the relief of .Tohn A. Haas-to the. 
Committee on Military Aft'airs. 

By Mr. BYRNS: A'bill (H. R. 7646) granting a pension to Hen- 
rietta Gottvveiss— to the Committee on Invalid Pensions. 

By Mr. CATE: A Inll (H. R. 7647) for the relief of Mary E. 
Whitehead — to the Committee on War Claims. 

By Mr. CAMPBELL: A bill (H. R. 7648) to remit the penal- 
ties on gunboat No. 3, the Concord, and gunboat No. 4, the Ben- 
nington— to the Committee on Naval Aft'airs. 



By Mr. DINGLEY: A bill (H. R. 7649) to correct the military 
record of Charles A. Coffin — to the Committee on Military Af- 
fairs. 

Also, a bill (H. R. 7650) granting a pension to Luther Sanborn, 
jr. — to the Committee on Invalid Pensions. 

By Mr. DUNPHY: A bill (H. R.7651) to increase the pension 
of Annie Charlesly — to the Committee on Invalid Pensions. 

Also, a bill (H. R. 7652) to increase the pension of Annie M. 
Chaisley — to the Cominittee on Invalid Pensions. 

Also, a bill (H. R. 76.53) granting an increase of pension to H. 
Louise Gates — to the Committee on Invalid Pensions. 

By Mr. ELLIS: A bill (H. R. 7654) for the relief of Frank L. 
Hall — to the Committee on War Claims. 

ByMr. PYAN: A bilUH. R. 7655) for the relief of Henry S. 
Spivey, administrator of .Toel Hearrell, deceased — to the (^'om- 
mittee on War Claims. 

By Mr. GROUT: A bill (H. R. 7656) granting relief to H. R. 
Sturtevant. postmaster at Hartland. Vt. — to the Committee on 
the Post-Office and Post-Roads. 

By Mr. HARRIES: A bill (H. R. 7(157) foi- the relief of John 
W. McCann — to the Committee on Militarv Affairs. 

By Mr. HARE: A bil.l (H. R. 7658) for the relief of John 
Preund — to tlie Committee on War Claims. 

By Mr. HATCH: A bill (H. R. 7659) granting a jjension to 
Harriet Overall Williams — to the Committee on In valid Pensions. 

By Mr. HENDERSON of North Carolina (by request): A bill 
(H.R. 7660) for the relief ot the executors of Lewis Thompson, 
deceased — to the Committee on War Claims. 

By Mr. HERBERT: A bill (H. R. 7661) tor the relief of Willis 
Darby, of Conecuh County, Ala. — to the Committee on War 
Claims. 

By Mr. HULL: A bill(H. R. 7662) granting a pension to Mari<ni 
Kern Sharman— to the Committee on Invalid Pensions. 

By Mr. LAGAN: A bill (H. R. 7663) for the relief of Omar 
Baudi-y. of St. John the Baptist Parish, La. — to the Committee 
on War Claims. 

By Mr. LAYTON: A bill (H. R. 7664) for the relief of John 
C. Douglass — to the Committee on Military Affairs. 

By Mr. MARTIN: A bill (H. R. 7665) granting a pension to 
William Lindsav — to the Committee on Invalid Pensions. 

By Mr. MuALEER: A bill (H. R. 7666) for the relief ot First 
Lieut. Michael Carroll — to the Committee on Militai-y Affairs. 

By Mr. McKEIGHAN: A bill (H. R. 7667) to ])ension Mary F. 
Parker, widow of George W. Parker — to the Committee on In- 
valid Pensions. 

Bv Mr. MILLS: A bill (H. R. 7668) for the relief of Brig. Gen. 
and^Bvt. Maj. Gen. David S. Stanley, United States Ai-my— to 
the Committee on Military Aft'airs. 

By Mr. MILLIKEN: A bill (H. R. 7669) granting a pension to 
George H. Rand — to the Committee on Invalid Pensions. 

By Mr. O'FERRALL: A bill (H. R. 7670) for the relief of the 
estate of Gideon Tobin. deceased, of Page County, Va.— to tlie 
Committee on War Claims. 

Also, a bill (H. R. 7671) for the relief of Henry Doll, of Shen- 
andoah County. Va. —to the Committee on War Claims. 

By Mr. PA'^'NTKR: A bill (H. R. 7672) for the relief of John 
M. Rice — to the Committee on Claims. 

By Mr. PERKINS: A bill (H. R. 7673) granting a pension to 
Libtie Hamilton— to the Committee on Invalid Pensions. 

By Mr. RAYNER (by request): A bill (H. R. 7674) granting a 
discharge to John Cunningham — to the Committee on Military 
Aft'airs. 

By Mr. RUSSELL: A bill (H. R. 7675) to correct the military 
record of James L. Townsend — to the Committee on Military 
Affairs. 

Also, a bill (H. R 7676) granting pension to Maggie M<-I).tvid— 
to the Committee on Invalid Pensions. 

By Mr. STEWART of Texas: A bill (H. R. 7677) granting an 
increase ot pension to Theodore Hyatt, late a soldier in Company 
D ot the One hundred and twenty-seventh Regiment Illinois 
Volunteers— to the Committee on Invalid Pensions. 

By Mr. STONE of Kentucky: A bill (H. R.'7678) to increase the 
pension of W. P. Campbell — to the Committee on Invalid Pen- 
sions. 

By Mr. WILLIAMS of Massachusetts: A bilMH. R. 7ti79) for 
the removal of the charge of desertion from the record of .[ohn 
Harnev — to the Committee on Military Affairs. 

By Mr, BOWERS: A bill (H. R. 7680) for the relief of Jona- 
than J. Warner — to the Committee on Claims. 

By Mr. DANIELL: A bill (H. R. 7681) for the i-estoration of pen- 
sion to Prieilla F. Jackman— to the Committee on Pensions. 

By Mr. KRIBBS: A bill (H. R. 7682) granting a pension to 
Emma M. Springer— to the Committee on Invalid Pensions. 

By Mr. EZR.\ B. TAYLOR: A bill (H. R. 7685) granting a pen- 
sion to Almira N. Hanson— to the Committee on Invalid Pen- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



2635 



gambling in farm products— referred to the Committee on the 
Judiciary. 

Petition praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs— ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts—referred to the Committee on Post-Offices and Post- 
Roads. 

Mr. PLATT presented memorials of citizens of Luzerne, Leb- 
anon, Fulton, Huntingdon, and Montgomery Counties, Pa.; 
memorials of citizens of Philadelphia, Bridgeport, Gibraltar, 
Hazleton, and Guthville, Pa.: and a memorial of citizens of 
Waysville, Ky.. remonstrating against the passage of the Faulk- 
ner, Caine. and Teller bills relative to home rule in Utah Ti'r- 
ritory; which were referred to the Committee on Territories. 

He also presented the following petitions of Cromwell, Pleas- 
ant Valley, Shetucket, Wallingford, Plymouth, Hou.satonic, 
Cliji ton, and Indian River Granges, Patrons of Husbandry of Con- 
necticut: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk culture — ordered to lie on the table. 

Petitions pi-aying for the enactment of legislation to prevent 
gambling in farm products— referred to the Committee on tlie 
Judiciarj". 

Petitions praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petitions praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts—referred to the Committee on Post-Offices and Post- 
Roads. 

Petitions praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debt — to the 
Committee on Finance. 

REPORTS OF COMMITTEES. 

Mr. SAWYER, from the Committee on Pensions, to whom 
was referred the bill (S. 2483) granting a pension to Eliza A. Cri- 
ner, reported it without amendment, and submitted a report 
thereon. 

He also, from the Committee on Post-Offices and Post-Roads, 
to whom was referred the bill (S. 2717) to provide for the ap- 
pointment of a commission to examine and report relative to the 
employment of the pneumatic-tube system, or other process, for 
the rapid dispatch of mails in large cities, reported it without 
amendment, and submitted a report thereon. 

Mr. QUAY, from the Committee on the Library, to whom were 
referred the following bills and joint resolution, reported them 
severally without amendment: 

A bill (S. 2691) to provide for an official index of public docu- 
ments (with a written report): 

A bill (S. 316) for the erection of a statue of the late Robert 
Dale Owen, of Indiana, to be placed in the grounds of the Smith- 
sonian Institution: 

A bill (S. .306) authorizing the Librarian of Congress to pur- 
chase Townsend's Library of National, State, and Individual 
Records, comprising a collection of historical records concern- 
ing the origin, progress, and consequences of the late civil war 
(with a written I'eport); 

A bill (S. 95) making an appropriation for a public monument 
to the memory of John Ericsson, the inventor and constructor of 
the Monitor; 

A bill IS. 2554) providing for the erection of an equestrian 
statue of Gen. Francis Marion: 

A bill (S. 891) to purchase a painting of Abraham Lincoln; (with 
a written report); and 

A joint resolution (S. R. 35) providing for the purchase of his- 
torical manuscripts relating to the District of Columbia, (with a 
written report). 

Mr. VEST, from the Committee on Commerce, to whom was 
referred the bill (H. R. 7092) to authorize building abridge over 
the Tennessee River, i-eported it with amendments. 

IMr. CAREY, from the Committee on Public Buildings a^^ 
Grounds, to whom was referred the bill (S. 300) for the construe" 
tion of a public building at Owosso, Mich., reported it with 
amendments, and submitted a report thereon. 

Mr. SANDERS, from the Committee on Public Lands, to whom 
•was referred the bill (S. 1774) to enable the Secretary of the In- 
terior to carry out the provisions of certain laws, reported it with 
an amendment, and- submitted a report thereon. 

BILLS INTRODUCED. 

Mr. TELLER introduced a bill (S. 2707) to deliver to the State 
of Colorado certain guns; which was read twice by its title, and 
referred to the Committee on Military Affairs. 

He also introduced a bill (S. 2768) "increasing the pension of 



James F. Patterson; which was read twice by its title, and, with 
the accompanying ]3apers, referred to the Committee on Pensions. 

He also introduced a bill (S. 2709) increasing the pension of 
Mrs. Ruann Burk; which was read twice by its title, and, with 
the accompanying jiapers, referred to the Committee on Pensions. 

Mr. VOORHEES introduced a bill (S. 2770) granting an in- 
crease of pension to Isaac C. Ross; which was read twice by its 
title, and referred to the Committee on Pensions. 

He also introduced a bill (S. 2771) granting an increase of pen- 
sion to James M. Singer: which was road twice by its title, and 
referred to the Committee on Pensions. 

He also introduced a bill (S. 2772) for the relief of Seaton 
Norman; which was read twice by its title, and referred to the 
Committee on Interstate Commerce. 

Mr. CARLISLE introduced a bill (S. 2773) granting a pension 
to William Coudell ; which was read twice by its title, and referred 
to the Committee on Pensions. 

Mr. PLATT introduced a bill (S. 2774) granting increase of 
pension to Albert E. Daniels; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Pensions. 

Mr. PERKINS introduced a bill (S. 2775) authorizing the con- 
struction of a bridge across the Kansas River: which was read 
twice by its title, and referred to the Committee on Commerce. 

Mr. CULLOM introduced a bill (S. 277il) to remove the charge 
of desertion from the military record of W^illiam Thomas; which 
was read twice by its title, and referred to the Committee on 
Military Affairs. 

He also introduced a bill (S. 2777) granting jurisdiction to the 
Court of Claims to hear and determine the claim of the heirs at 
law or legal representatives of Benjamin R. Neal, deceased, for 
the burning and destruction of certain property and effects by 
the Union forces at Hazlehurst, Miss., during thelat:: rehollion; 
which was read twice by its title, and referred to the Committee 
on Claims. 

Mr. DAWES introduced a bill (S. 2778) granting a pension to 
Anna E. Barnard ; which was read twice by its title, and referred 
to the Committee on Pensions. 

Mr. MITCHELL introduced a bill (S. 2779) for the relief of 
the legal representatives of Chief Winumpsnoot. late chief of 
the Umatilla Indians; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Indian Affairs. 

He also introduced a bill (S. 2780) for the relief of Louis Na- 
polean, of West Port, Oregon; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Pensions. 

Mr. QUAY introduced a bill (S. 2781) granting a pension to 
Julia A. Nicholson: which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Pen- 
sions. 

AMENDMENT TO A BILL. 

Mr. HANSBROUGH submitted an amendment intended to be 
propos ?d by him to the river and harbor appropriation bill ; which 
was referred to the Committee on Commerce, and ordered to be 

printed. 

FREE COINAGE. 

Mr. STEWART. I desire to give notice that on Monday next, 
immediately after the morning business,! shall move to take up 
the bill (S. 51) to provide for the free coinage of gold and silver, 
and for other purposes. 

Mr. HOAR. Where is the bill now? 

Mr. STEWART. The bill is on the Calendar, reported ad- 
versely. I shall move to take it uji on Monday. 

The VICE-PRESIDENT. The Chair lays before the Senate a 
resolution coming over from a previous day, which will be read. 

The resolution submitted yesterday by Mr. Wolcott was read 
as follows: 

Besolvedby llie Senate {the Houseconcurring) , That the President be requested 
to retrain from allotting in severalty the lands of the present reservation of 
the Southern Ute Indians pending legislation In the present Congress re- 
specting the removal of said Indians to another reservation. 

The VICE-PRESIDENT. The question is on agreeing to the 

Mr. WOLCOTT. Mr. President, this resolution, which I in- 
troduced yesterday, is pertinent bj' reason of the legislation now 
pending before this body in the form of a bill which rests with 
the Committee on Indian Affairs. The bill practically jirovides 
that the Southern Ute Indians shall bo removed from their pres- 
ent reservation in Southwestern Colorado to another reservation 
in Southeastern Utah. It provides that the payment of $.50,000 
shall b3 made to the tribe, with an allowance of $2,000 to the 
headmen of the triljo. It provides for the valuing of their pres- 
ent lands, with a further provision that as thess lands are sold 
the proceeds arising from their sale shall go to a permanent fund 
for the benefit of the Southern Ute Indians. It provides tViat 



26m 



CONGRESSIONAL RECORD— SENATE. 



March 29, 



the new reservation shall be cleared of the present claimants, 
who occupy it without any adequate protection of law; that their 
improvements shall be estimated in value and allowance made 
foi' them. It provides for an appropriation of $5,000 to move the 
Indians from the one reservation to the other. 

This legislation has been pending before this body in former 
Congresses. A similar bill was reported at a former Congress 
to the other House, but Congress adjourned without taking ac- 
tion upon it. A similar bill is now pending in both branches of 
Congress. 

The present bill was introduced on the lOth day of December 
last and still slumbers in the Committee on Indian Afl'aii-s. Two 
years ago tlie Commissioner of Indian Affairs wrote an urgent 
letter, which was duly forwarded to the Senate committee, lu-g- 
ing that immediate action be taken on this legislation for the 
reason that the Indians were restless; that it was essential that 
some conclusion be had in the matter, and that it was important 
before the new reservation snould be settled up by white men 
that something definite should bo determined as to the policy to 
be pursued toward these Southern Ute Indians. 

The protracted delay in the report of this bill leads me to offer 
the resolution asking that the President do not, as he is author- 
ized to do by the act of 1880, allot the present lands of these In- 
dians in severalty. In the bill pending before the other House 
thei-e is an amendment to the effect that all Indians who so desire 
may remain upon the present reservation and take their lands in 
severalty. That amendment is ready to be offered to this bill 
when the Senate can have it again in its charge. . 

The wisdom of the bill has been sustained by extensive testi- 
mony taken before the committees of both Houses of Congress, 
and the delay in the Indian Affairs Committee would not have 
occurred and no opposition would have arisen to this measure 
had it not been for the persistent efforts of an association known 
as the Indian Rights' Association. This association has been 
flooding the country with printed forms of petitions, has been 
laying upon the desks of ever j' Senator printed matter showing the 
liardships of the removal, and giving reasons why the bill should 
not pass. The association has created a false and an untrue sen- 
timentamonggood men and women in the East. I presume there 
is not a Senator within the heai-ing of my voice who has not re- 
ceived letters from people urging him to vote against the pro- 
posed removal of the Southern Utes from Colorado to Utah. 

The claim made by the Indian Bights Association is in sub- 
stance that the present reservation is better for the Indian than 
the one to which it is proposed to remove him; that the welfare 
of the Government would be subserved by keeping him where he 
is and dividing his lands in severalty; that the proposed legisla- 
tion is prompted by the cupidity of the whites and is being ui'ged 
for unworthy motives; that the Indians have consented to a 
removal only through pressure, and that their real desire is to 
remain upon their present reservation. These statements of the 
Indian Rights Association originate in the brain of one C. C. 
Painter, to whom I shall hereafter refer. They are untrvie in 
substance and in fact, and by their circulation an entirely false 
impression and opinion have been created in the minds of people. 

Because of the delay in the reporting of the bill it is a duty I 
owe to the Senate and to so much of the public as have taken an 
interest in this question as well as to the people of the State of 
Colorado that these falsehoods be met and refuted at this time. 

We in Colorado are not unfriendly to the Indian. When we 
were first organized as a Territory we found within oui- borders 
thousands of Mexicans who came to us by conquest, aliens in race 
and language and traditions and habits. We have assimilated 
them to us and they are now rapidly adopting our language and 
our methods. They have become good, intelligent citizens, and 
many of them are now occupying important positions of trust in 
the State of Colorado. 

Had the Indian offered the slightest evidence of capacity for 
civilization he too would have been taken by the hand and lifted 
up and planted on the firm ground of citizenship. No effort has 
been spared in this direction, but the Southern Ute Indian who 
now lives in Colorado is not capable of civilization in this gener- 
ation or in this century. 

In all the legislation that has been sought due regard has 
been uniformly had to the interest of the Indian as well as the 
white; and if the population surrounding the present reservation 
did not exist, if the two reservations stood with no white man 
within a thousand miles of cither of them, the same reasons for 
the removal of the Indians from the one reservation to the other 
would still largely exist. 

Thistribeof Southern Ute Indians consists of about 1,000 souls — 
about 2.50 men. They are brave and ignorant and shrewd. They 
are blanket Indians. 

Mr. H(JAR. How many are there'/ 

Mr. WOLCOTT. Nine hundred_and eighty-four, I think, is 
the exact number. I describe them as about a thousand. 



Mr. SHERMAN. What is the number of menV 

Mr. WOLCOTT. The number of men is from about 230 to 250. 
They are essentially what are known as blanket Indians. All ef- 
forts to civilize them have failed. They follow the chase. Of late 
years they have taken to the herding of stock. Sheep have 
been given them. They butchered and killed many of them, but 
a few of the Indians saved some of theirs, and they are now rais- 
ing some sheep and some goats. But they are essentially the 
Indian known as the blanket Indian, not amenable to the influ- 
ences of civilization. 

They are divided into three bands, the Weeminuches. who 
comprise about one-half of the Southern Ute Indians, the Capo- 
tas, and the Moaches. The tribo is a recent acquisition to the 
United States and a more recent acquisition to Colorado. They 
came to us as part of the fruits of the Mexican war. They lived 
at the time of the conquest in the Territory now known as New 
Mexico, and they continued to reside there for more than agen- 
ei'ation afterwar-ds. They are attached to their reservation by 
no ties of association or trad ition . They I'oam no ancestral acres. 
Their dead are buided in New Mexico and not within the con- 
fines of their reservation. 

In 1849, after our treaty with Mexico, we made our first treaty 
with these Southern Utes — a treaty simply of amity, in which 
we agreed to deal with them as friends and they agreed to rec- 
ognize the jurisdiction of the United States. At that time, as I 
say, they roamed in New Mexico without any settled habita- 
tions. Later, in 186.'! and in 18(18, other treaties were made with 
other tribes of Utes. which treaties recognized a portion of this 
tribe of Southern Utes and provided for their residence goner- 
ally in Southern Colorado. 

In 187.1 a treaty was made with all the Utes by which the 
Utes gave up certain of their lands, retaining the present strip 
now devoted to the Southern Utes and another strip equally in- 
conveniently located along the western bordei' of Colorado. As 
early as 1878 the Indian agent I'eported that the southern strip 
was entirely unfitted for the purposes for which it was dedicated. 
These Ute Indians up to nearly 1878, although they had been in- 
cluded within the treaties, had not occupied the i'eser\'ation in 
Colorado, but for nearly ten months in the year they had roamed 
in New Mexico, coming to tlie San Luis Valley and other sec- 
tions of our State from time to time for hunting and other pur- 
poses. 

As a result of the objection by the Indian agent, in 1878 Con- 
gress authorized negotiations looking to the removal of the Utes 
to a more favorable reservation. Then followed the massacre of 
the Meeker family in 1879, in which these Southern Utes did 
not participate, but which was conducted by the other Utes, the 
Uncompahgres, and the White Rivers. 

The result of that massacre, followed by the disastrous defeat 
of Capt. Thornton, was the appointment of another commission, 
which was empowered to treat with the Indians upon the basis 
of their removal from Colorado. This was followed by a treaty 
with the Ute Indians speaking of them all as a tribe and thereby 
including the Southern Ute Indians, whereby the Ute Indians 
generally agreed to give up their lands in Colorado and to take 
such lands in Utah and elsewhere as should be allotted to them. 
The other Utes, the Uncompahgres, and the White Rivers were 
put in Northwestern Colorado, but there were soon threats of 
another outbreak, and these Indians were hurried off to the Uin- 
tah Reservation in Utah, the Southern Utes remaining upon this 
southwestern strip. 

Then in 1880 negotiations were had looking to the confining of 
the Southern Ute Indians to some specific reservation. A com- 
mission was appointed, and in 1880 this present reservation was 
made the permanent home and the exclusive abode of the South- 
ern Ute Indians. At the time this reservation was set aside my 
colleague [Mr. Teller], then as now in the Senate, entered his 
vigorous protest against the allotting of the Indians to this reser- 
vation, predicting the very thing that has come to ])ass, fore- 
shadowing the growth and develoijment of that section in Colo- 
rado, describing the awkward and the inconvenient arrangement 
of the reservation, and protesting that the Indians should be sent 
elsewhere. 

This reservation, however, was adopted as a temporary expe- 
dient, with a provision that the Indians should have the right to 
hunt in the Lasalle Mountains, and that if these lands along the 
La Plata, in Colorado, were insufficient, they might go to the 
lands of the La Plata River in New Mexico. That section of 
country was inconvenient and ill-suited to their wants, and was 
.settled by the white men, to whom patents had been issued. 

The reservation which the Southern Utes at present occupy is 
a narrow strip or tongue of land in the southwestern corner of 
Colorado, 115 miles in length by 15 miles in width — a long, narrow 
strip of land. Its altitude is '7.000 feet above the sea. For nine 
years out of fourteen the i-now has laid in solid mass more than 
two feet in depth for from ninety to one hundred days every 



1892. 



CONGRESSIONAL RECOED— SENATE. 



2683 



Mr MITCHELL, from the Committee on Claims, to whom was 
referred the bill (S. 2262) for the relief of the next of kin of Bobert 
Morris, deceased, submitted an adverse report thereon; which 
■was agreed to, and the bill was jxistponed indefinitely. 

Mr. VOORHEES, from the Committee on the Library, to whom 
■was referred the bill (S. 6S0) to authorize the purchase of Law- 
rie's picture of Gen. George H. Thomas, reported it without 
amendment. 

Mr. CAREY, from the Committee on Education and Labor, to 
■vvhom was recommitted the bill (S. 1768) to allow thirty days' 
leave of absence to employes in the Bureau ot Eugraving and 
Printing, reported it with an amendment, and submitted a re- 
port thereon. 

Mr. STOCKBRIDGE, from the Committee on Indian Aftairs, 
to whom was referred the bill (S. 2T65) granting to the Duluth 
and "Winnipeg Railroad Company a right of way across the Fond 
du Lao Indian Reservation, reported it with an amendment. 

Mr. VILAS, from the Committee on Claims, to whom was re- 
ferred the bill (S. 41) for the relief ot E. B. Crozier, executrix of 
the last will of Dr. C. W. Crozier, of Tennessee, reported it with- 
out amendment, and submitted a report thereon. 

Mr. SAWYER, from the Committee on Post-Offices and Post- 
Koads, to whom was referred the bill (S. 27J5) authorizing the 
employment of mail-coUectoi-s at free-delivery offices, reported 
it without amendment, and submitted a report thereon. 

EULOGIES ON THE LATE SENATOR PLUMB. 

Mr. HAWLEY. By direction of the Committee on Printing 
I report favorably a concurrent resolution in the usual form for 
printing the eulogies on the life and ssrviccs of Preston B. 
Plumb, late a Senator from Kansas, with a substitute for the 
original draft of the resolution. I hope there may be no objec- 
tion to acting upon it now. 

The Senate, by unanimous consent, proceeded to consider the 
concurrent I'esolution; which was read, as follows: 

Htsolffd bij the Senate {the House concurring). That 10.000 copies ot the eulo- 
gies delivered in the two Hou.ses of Congress on the life and services of the 
late Preston B. Plumb, a .Senator from Kansas, be primed in the usual form, 
with portrait, bound; 4,000 copies lor the use of members of the Senate, in- 
cluding its presiding and recording officers, and 0,000 copies for the use of 
the members of the House, including its recording ofllcers. 

The VICE-PRESIDENT. The amendment of the committee 
will be stated. 

The Chief Clekk. Strike out all after the resolving clause 

and insert: 

That there be printed and boimd 8,00D copies ot the eulogies delivered in 
Congress on Preston B. Plumb, of which number 3,000 shall be delivered to 
the Senators and Representatives ot Kansas, which number shall include 50 
copies to be bound in morocco for the use ot the family of the deceased, and 
the remaining number shall be distributed according to the proportion ot 
2,000 to the Senate and 4,000 to the House. The engraving tor the said eulo- 
gies shall be done at the Bureau of Engi-aving and Printiiig and paid tor out 
of the appropriation tor that Bureau. 

Mr. COCKRELL. Is that the usual number prescribed in 
the public printing bill that was passed by the Senate? 

Mr. HAWLEY. Yes; it follows the bill we have just passed. 

Mr. COCKRELL. The substitute is in accordance with the 
resolutions that have been passed since the passage of the public 
printing bill? 

Mr. HAWLEY. Yes; in accordance with all that have been 
passed since that bill was passed by the Senate. 

The amendment was agreed to. 

The resolution as amended was agreed to. 

COURTS IN TEXAS. 

Mr. VEST. I am directed by the Committee on the J udiciary, 
to whom was refei-red the bill (H. R. 5176) to change the time of 
holding the courts in the eastern judicial district of Texas, to 
report it favorably , without amendment, and I ask for its present 
consideration. The bill is intended simply to change the time 
of holding courts in the State of Texas. Day before yesterday 
the Senate passed the same bill identicallj', a Senat:: bill reported 
from the Committee on th'j .ludiciary. It was intended at the 
time to pass the House bill so as to save the necessity ot sending 
the Senate bill to the other House. The bills are identical. It 
■was simply a mistake day before yesterday that the wrong bill 
■was passed. 

Mr. COCIvRELL. The Senator proposes to have the Hou.se 
bill passed and to recall the Senate bill? 

Mr. VEST. There is no necessity to recall it, I presume, be- 
cause the other House can indefinitely postpone the Senate bill, 
and this bill becomes a law when signed by the President. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the bill? 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported to the S.^nate without amendment, or- 
dered to a third reading, read the third time, and passed. 



Mr. VEST subsequenty moved to reconsider the vote by which 
the bill (S. 2467) to li.x the times of holding courts in the eastern 
district of Texas was ordered to a third reading and passed, and 
' the motion was agreed to. 

BILLS INT.RODUCED. 

Mr. VEST introduced a bill (S. 2782) to restore Eugene Wells to 
the Army; which was read twice by its title, and, with the ac- 
companying paper, referred to the Committee on Military Af- 
fairs. 

Mr. MANDERSON introduced a bill (S. 278.3) authorizing the 
President to place on the retired list of the Army Sorgt. Long 
and othei's, late of the Signal Corps, United States Army, sur- 
vivors of the Lady Franklin Bay expedition; which was read 
twice by its title, and, with the accompanying papei-s, referred 
to the Committee on Military Affairs. 

He also introduced a bill {S. 2784) granting an inci-ease of pen- 
sion to Susan S. Worrell; which was road twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. WARREN introduced a bill (S. 2785) for the relief of offi- 
cers of the Army retired for wounds received in battle; which 
was read twice by its title, and referred to the Committe on Mil- 
itary Affairs. 

He also introduced a bill (S. 2786) providing for the retirement 
of cei'tain otKoers of the Army; which was read twice by its title, 
and referred to the Committee on Military Affairs. 

Mr. PROCTOR (by I'cquest) introduced a bill (S. 2787) author- 
izing' the restoration of tiie name ot Charles H. Allen, late post 
quartermaster-sergeant, to the rolls ot the Army, and providing 
that he be placed on the enlisted i-e tired list ot the Army; which 
was read twice by its title, and leferred to the Committee on 
Military Affairs. 

Mr. POWER introduced a bill (S. 2788) creating two additional 
land districts in the State of Montana; which was read twice 
by its title, and referred to the Committee on Public Lands. 

He also introduced a bill (S. 27SU) authorizing the Secretary 
ot the Interior to place on th? pension roll the name of Agnes 
Wallendorf; which was read twic' by its title, and referred to 
the Committee on Pensions. 

Ho also introduced a bill (S. 2790) for the relief of George A. 
Norton; which was read twice by its title, and referred to the 
Select Committee on Indian Depredations. 

Mr. PERKINS introduced a bill (S. 2791) granting an honor- 
able discharge to Samuel Dollafl; which was read twice by its 
title, and referred to tho Committee on Military Affairs. 

He also introduced a bill (S. 2792) granting a pension to Josiah 
H. Bross; which was I'ead twice by its title, and referred to the 
Committee on Pensions. 

He also introduced a bill (S. 2793) for the relief of Crank & 
Hoft'man. which was read twice by its title, and referred to the 
Committee on Claims. 

He also (by request) introduced a bill (S. 2794) to pension sol- 
diers and sailors for disabilities received in addition to loss of a 
leg o:' an arm; which was read twice by its title,' and referred to 
the Committee on Pensions. 

Mr. CAMERON introduced a bill (S. 2795) for the relief of 
William R. Colby: which was read twice by its title, and. with 
the accompanying papers, referred to the Committee on Military 
Affairs. 

He also introduc:d a bUl fS. 2796) for the relief of certain of- 
Ccersof the Army: whicli was read twice by its title, and referred 
to the Committee on Military Affairs. 

He also introduced a bill iS. 2797) for the relief of A. H. Rush: 
which was read twice by its title, and, with the accompanying 
paper, referred to the Committee on Militarv Affairs. 

Mr. PALMER introduced abill (S. 2798) for the relief of Peter 
Light: which was read t-.vice by its title, and referred to the 
Committee on Military Affairs. 

]Mr. HISCOCK introduced a bill (S. 2799) to provide for the 
dedication of the statue erected to the momoi-y of the Marquis 
Marie Jean Paul Roch Yves Gilbert Metier de Lafayette, a major- 
general in the Army ot the United States; which was read twica 
by its title. 

Mr. HISCOCK. I present the petition of Lafayette Post. No. 
140, Department of New York, Grand Army of the Republic, 
praj-ing for a proper dedic.ition of the statue of the Marquis de 
Lafayette; and I move that it be referred, with the bill, to the 
Committee on the Library. 

The motion was agreed to. 

Mr. HISCOCK: introduced a bill (S. 2800) for the erection of a 
jjublic building at the city of Dunkirk, N. Y.: which was read 
twice by its title, and referred to the Committee on Public Build- 
ings and Grounds. 

He also introduced a bill (S. 2801) for the erection of a public 
building at the city of Jamestown, N. Y.; which was read twice 



2684 



CONGRESSIONAL RECORD— SENATE. 



March 30, 



by its title, and refen'ccl to the Committee on Public Buildings 
and Grounds. 

Mr. HIGGINS introduced a bill (S. 2802) for tho relief of George 
F. Hamilton; which was read twice by its title, and, with the 
accompanying^ papers, referred to tho Committee on Claims. 

Ml-. CALL introduced a bill (S. 2803) for the relief of Meda A. 
Coylo, granddaughter and administratrix de bonis non of Lieut. 
Joseph Wheaton, deceased; which was read twice by its title, 
and referred to the Committee on Claims. 

Mr. .TONES of Arkansas introduced abill (S. 2804) to grant lot 
No. 1 in block No. 72 of the Hot Springs Reservation to the 
school district of the city of Hot Springs for school purposes; 
which was read twice by its title, and referred to the Committee 
on Public Lands. 

Mr. CALL (by request) introduced a bill (S. 2805) to establish 
a botanic hospital and hora-^ and a free school in tho District of 
Columbia; which was read twice by its title, and i-eferred to the 
Committee on the District of Cohimliia. 

Mr. McPHERSON introduced a bill {S. 280(5) to authorize the 
construction of a telephone line on the coast of Virginiafrom 
Cape Charles to Assateague Island, in aid of the preservation of 
life and property; which was read tv/iee by its title, and referred 
to the Committee on Commerce. 

AMENDMENT TO A BILL. 

Mr. HAWLEY submitted an amendment intended to be pro- 
posed by him to the river and harbor appropriation bill; which 
was referred to the Committee on Commerce, and ordered to be 
printed. 

UNLAWFUL APPROPRIATION O? PROPERTY IN DISTRICT. 

Mr. FAULKNER submitted the following concurrent resolu 




OtCMluiirtua, 

LITERARY AND SCIENTIFIC COLLECTIONS. 

Mr. McMir_,LAN. I ask leave to call up from the tabh^ the 
joint resolution (H. Res. 'J2) to encourage the establishmeut ami 
endowment of institutions of learning at the national ca])i1al by 
delining the policy of the Government with reference to the use 
of its literary and scientilic collections by students. 

The VICE-PRESIDICNT. Is there objection to the present 
* consideration of the joint i-e.solutionV 

Mr. COCKRELL. Let it bo read for information. 

The VICE-PRESIDENT. The joint resolution will be read for 
information. 

The Chief Clerk read the joint resolution. 

Mr. McMillan. I move to amend the joint resolution in sec- 
tion 1, line 

Mr. COCKRELL. Wait one moment. Has the joint resolu- 
tion just been reported'? 

Mr. McMillan. No, it came from the other House. Itpassed 
the other House yesterday and was sent over here. The Meth- 
odist and the Catholic University people are very anxious to have 
it passed to-day. 

Mr. COCKR'ELL. Has it been considered by any committee':' 

Mr. McMillan. Oh, yes; a similar measure is on the Calen- 
dar, reported favorably from the Committee on the District of 
Columbia. Tho same measure lias now passed the other House. 

Mr. COCKRELL. What is the purpose of the bill'? 

Mr. McMillan. To allow the students of these universities 
the Catholic University and tho Methodist University, to have ac- 
cess to our public institutions here. 

Mr. COCKRELL. Do they not already have access there as 
has every other citizen of the United States'? 

Mr. McMillan. They have generally, but there are scien- 
tific collections they can not have access to unless this measure 
is passed. It is asked for and concurred in by all the heads of 
Dejiartments. 

Mr. DAWES. I move that the Senate proceed to the consid- 
eration of the Indian appropriation bill. 

;\[r. PLATT. Will not the Senator allow this joint resolulion 
to be passed'? The Senator from Michigan is trying to have it 
passed. 

Mr. McMillan, it win take but a moment. 

Mr. DAWES. If it will not cause debate of course I shall not 
interfere. 
Mr. MCMILLAN. All right. 

Mr. DAWES. I will reserve my motion until it appears that 
there is to be debate. The Senator from Michigan will not in- 
sist upon it it it causes debate'? 

Mr. MCMILLAN. It will cause none, I think. 
The VICE-PRESIDENT. Is there objection to the present 
consideration of the joint resolution. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the joint resolution. 



Mr. MCMILLAN. In line 9 of section 1, after the word "to," 
I move to insert the words "scientific investigators and to;" so 
as to read: 

That the facilities lor research and ilUistratiou iu the following and any 
other governmental collections now existing or hereafter to be established 
iu the city of Washington lor the promotion of knowledge shall be accessi- 
ble, under such rules and restrictions as the olhcers in charge of each coUec- 
llon may prescribe, or as are already, or hereafter may be, prescribed by 
act of Congi'ess, to scientitic investigators and to the students of any insti- 
tution of higher education now incorporated or hereafter to be incorporated 
under the laws of Congress or of the District of Columbia, etc. 

The amendment was agreed to. 

Mr. HOAR. Is it the effect of this measure to take from the 
.Joint Qommititee on the Library its superintending power over 
the Library of Congress'? 

Mr. McMillan. Not at all; nothing of that kind. 

Mr. HOAR. Is not that the effect of it? 

Mr. McMillan. I think not. 

Mr. HOAR. The rules and resti-ictions are to be made by tho 
otlicers in charge of each collection, according to the joint reso- 
lution. 

Mr. McMillan. That would not interfere at all. 

Mr. HOAR. I am not sure about that. 

Mr. McMillan. The passage of this joint resolution has 
been asked for by all the heads of Departments. 

Mr. HOAR. That does not answer my question. 

Mr. McMillan, it is not intended to interfere at all, and I 
am sure it dos not interfere. 

Mr. HOAR. I ask the Senator to allow tho joint resolution 
to stand over one day. I should like to look at it. I presume it 
is all riglit. 

Mr. McMillan, very well. 

The VICE-PRESIDENT. The joint resolution will go over. 

EXECUTIVE SESSION FOR THURSDAY. 

Mr. DAWES. I renew my motion that the Senate proceed to 
the <'onsideration of the Indian appropriation bill. 

Mr. CAMERON. Mr. President 

The VICE-PRESIDKNT. Does the Senator from Massachu- 
setts yield to the Senator from Pennsylvania for morning busi- 
ness'? 

Mr. DAWES. Certainly. 

Mr. CAMERON. Not 'for morning business; but I wish to 
make a statement. Yesterday I gave notice that I should move 
an exectitive session this morning. The Senator from Massa- 
chusetts has asked me to })OStpone that motion for the purpose 
of allowing- him to proireed with the Indian appropriation bill. 
I now give notice that to-morrow I shall move an executive ses- 
sitn immediately upon the conclusion of the morning business. 
WILLIAM BURROUGH. 

Mr. BERRY. I should like to ask the Senator from Massa- 
chusetts to letmc call up abill that will just take two minutes 
to pass. It is to give a ])ension to a man who is 96 years old, 
who served in tho war of 1812, and unless the old man gets it at 
once it is likelv to do him no good. 

Mr. DAWES. If no o her Senator objects, I shall not. 

Mr. BERRY. I ask the Senate io proceed to the considera- 
tion of the bill (H. R. <i214) to increase the pension of William 
Bin rough, of Crawford County, Ark., a veteran of the war of 1812. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of this bill ? 

Mr. DAWES. I yield to tho urgent solicitation of the Sen- 
ator from Arkansas. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It jiroposes to increase 
the pension of William Burrough, of Crawford County, Ark., 
veteran of the war of 1.S12, to $30 per month. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 
VALUE OF THE DOLLAR. 

Mr. DAWES. The Senator from California [Mr. STANFORD] 
represents to me that he is obliged to leave for California to- 
morrow and he desires to make a few remarks this morning. 
Under tliose circumstances, I feel justified in consenting myself 
that he may have that opportunity, if the rest of the Senate does 
not object. 

The VICE-PRESIDENT. The unfinished business will be m- 
forraally laid aside in the absence of objection, and the Senator 
from California will proceed. 

Mr. STANFORD, ilr. President, before proceeding with the 
remarks I desire to submit, I wish to read the bill itself. It is 
very short and is as follows: 

lie it enacted, etc.. That the value of 25.8 graiiLsof gold .shall be thestaudard 
by which shall be measured and determined the value of adoUar.andall dol- 
lars shall be received and paid out in discharge of debts, both public and pri- 
vate, at par, measured bvthe aforesaid standard oi value, whether tho stamp 
of the Government making the dollar be on gold, silver, paper, or any other 
materiaL 



1892. 



CONGEESSIONAL llECOED— SENATE. 



2753 



their work but Sunday. I move that the memorial be referred 
to the Select Committee on the Quadro-Centennial. 

The motion was agreed to. 

Mr. BUTLER presented a memorial of the Chamber of Com- 
merce of Charleston, S. C, remonstrating against the passage of 
Senate bill 1755, to amend the steamboat laws of the United 
States; which was referred to the Committee on Commerce. 

He also presented a petition of the Chamber of Commerce of 
Charleston, S. C, praying that an appropriation be made for the 
purpose of establishing and maintaining gas-lighted beacons and 
buoys in the si.xth light-house district; which was referred to the 
Committee on Commerce. 

Mr. VEST presented the following petitions of Apple Creek 
Grange, Patrons of Husbandry, of Missouri: 

Petition praying for the enactment of legislation to prevent 
gambling in farm products— referred to the Committee on the 
Judiciary. 

Petition praying for the passage of House bill 395, defining lard 
and imposing a tax thereon— ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
ti-icts- referred to the Committee on Post-Offices and Post- 
Roads. . . 

Petition praying for the passage of a bill makingcertain issues 
of money full legal tender in payment of all debts- to the Com- 
mittee on Finance. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs— ordered to lie on the table. 

Mr. BATE presented a memorial of 30 citizens of Birdstown, 
Tenn., remonstrating against the passage of any Federal bank- 
ruptcy bill; which was referred to the Committee on the Judi- 
ciary. 

Mr. BRICE presented a petition of the First United Presby- 
terian Congregation, of Cincinnati, Ohio, and a petition of citizens 
of Rix's Mills, Ohio, praying that the World's Columbian Exposi- 
tion be closed on Sunday, that the sale of intoxicants be prohib- 
ited thereat, and that the art department be managed according 
to the American standard of purity in art; which were referred 
to the Committee on the Quadro-Centennial (Select). 

He also presented resolutions adopted by the Trades and Labor 
Council of Zanesville, Ohio, favoring the passage of what is known 
as the Hoar clothing-label bill; which were referred to the Com- 
mittee on Education and Labor 

He also presented a petition of Columbus Council, No. 26, Jun- 
ior Order United American Mechanics, of Philadelphia, Pa., 
praying for the passage of the bill to amend the naturalization 
laws; which was referred to the Committee on the Judiciary. 

He also presented the following petitions of Odell, Perry, Hart, 
Pleasant, and Nevada Granges, Patrons of Husbandry, of Ohio: 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture— referred to the Committee on Agri- 
culture and Forestry. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products — to the Committee on the Judiciary. 

Petitions praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petitions praying for the passage of a bill to prevent the adul- 
teration of food and drugs— ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Offlces and Post-Roads. 

Petitions praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts — to the 
Committee on Finance. 

Mr. COCKRELL. I present the memorial of John T. Lewis, 
L. D. Ramsay, and other citizens of Lockport, Mo., remonstrat- 
ing against the passage of any bankruptcy law. I move that the 
memorial be referred to the Committee on the Judiciarj'. 

The motion was agreed to. 

Mr. COCKRELL. I also present a petition of sundry leading 
citizens of St. Louis, Mo., in favor of a sixteenth amendment to 
the Constitution providing that no State shall pass any law re- 
specting the establishment of religion or prohibiting the free 
exercise thereof, etc. I move that the petition be z-eferred to 
the Committee on the Judiciary. 
The motion was agreed to. 

Mr. TURPIE presented a petition of citizens of Indianapolis, 
Ind., praying for the adoption of an amendment to the Consti- 
tution of the United States prohibiting any legislation by the 
States respecting an establishment of religion or making an ap- 
propriation of money for any sectarian purpose; which was re-, 
ferred to the Committee on the Judiciary. 

Mr. HAWLEY presented a petition of the Woman's Chris- 
tian Temperance Union, representing 75 members, of Torring- 
ton. Conn., praying for the closing of the World's Columbian 
Exposition on Sunday, the prohibition of the sale of liquor 
thereat, and the maintenance of the standard of purity of Ameri- 



can art at the exhibition; which was referred to the Committee 
on the Quadro-Centennial (Select). 

He also presented the following petitions of Jewett City Grange, 
Patrons of Husbandry, of Connecticut: 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture — referred to the Committee on Ag- 
riculture and Forestry. 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — to the Committee on the Judiciary. 
Petition praying for the i)assage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs-bordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Pest-Offices and Post-Roads. 
Petition praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts — to the 
Committee on Finance. 

Mr. SAW YER presented the following petitions of Ono Grange, 
Patrons of Husbandry, of Wisconsin: 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture — referred to the Committee on Ag- 
riculture and Forestry. 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — to the Committee on the .Tudiciary. 

Petition praying for the fi-ee delivery of mails in rural dis- 
tricts — to tlie Committee on Post-Offices and Post-Roads. 

Mr. SHERMAN. I present a genuine old-fashioned petition, 
written out by some one and signed by saveral hundred people, 
men and women, of Woostor, Ohio. It is a co;itrast to the pe- 
titions that I and others have presented, printed in due form, 
resolving, etc. , and probably signed by one or two persons. This 
is a genuine ijetition praying that no appropriation be made for 
the World's Fair until provision is made for closing the World's 
Fair on the Sabbath day, and the reasons given are very s .-nsiblc 
and very good. I move that the petition be referred to the Se- 
lect Committee on the Quadro-Centennial. 

The motion was agreed to. 

Mr. SHERMAN presented a petition of 100 citizens of Tusca- 
rawas, Ohio, praying- for the adoption of a constitutional amend- 
ment prohibiting the States from passing laws respecting an es- 
tablishment of any religion, etc.; which was referred to the 
Committee on the Judiciary. 

Mr. FELTON presented a petition of citizens of Fresno, Cal., 
praying for the passage of legislation regulating speculation in 
fictitious farm pi'oducts; which was referred to the Committee 
on the Judiciary. 

Mr. GALLINGER presented the following petitions of War- 
ren Pond Grange, Patrons of Husbandry, of New Hampshire: 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture — ordered to lie on the table. 

Petition praying for the enactment of legislation to prevent 
gambling in farm products— referred to the Committee on the 
Judiciary. 

Petition praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs— ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts—referred to the Committee on Post-OfBces and Post- 
Roads. 

Petition praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts — to the 
Committee on Finance. 

Mr. CHANDLEEt presented the petition of W. P. Grant and 
379 other citizens of Newjiort. N. H., praying that the sale of in- 
toxicants be prohibited on the grounds of the World's Colum- 
bian Exposition: which was referred to the Committee on the 
Quadro-Centennial (Select). 

He also presented the following petitions of Forest and Moimt 
Belknap Granges, Patrons of Husbandry, of New Hampshire: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk culture — referred to the Committee on Ag- 
riculture and Forestry. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products — to the Committee on the Judiciary. 

Petitions praying for the passage of House bill 395, defining 
lard and imposing a tax thereon— ordered to lie on the table. _ 

F'etitions praying for the free delivery of mails in rural dis- 
tricts—referred to the Committee on Post-Offices and Post- 
Roads. 

Petitions praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debt«— to the 
Committee on Finance. 

Petitions praying for the passage of a bill to prevent the adul- 
teration of food' and drugs— ordered to lie on the table. 



XXIII- 



-173 



2754 



CONGRESSIONAL RECORD— SENATE. 



MAEcn 31, 



Mr MANDEKSON presonted a petition of sundry citizens of 
Nebraska, praying that tlio World's Columbian Exposition be 
closed on Sunday; which was referred to the Committee on the 
Qnadro-Centennial (Select). _ _ , „^ .,. 

Mr. HANSBROUGH presented a petition of 36 citizens of 
Richland County, N. Dak.; a petition of 16 citizens of Richland 
County, N. Dak.; a petition of 00 citizens of Richland County, 
N. Dak.; a petition of 29 citizens of Richland County, N. Dak.; 
a petition of the St. Paul, Minneapolis and Manitoba Railroad 
Company, and a petition of 5 citizens of Richland County. N. 
Dak., praying for the passage of legislation granting relief from 
threatened eviction by the great Northern Railway Coni))any 
f riim lands which such company claims under grant but for which 
the residents hold patents from the United States Government; 
which were referred to the Committee on Public Lands. 

Mr. GEORGE presented a petition of citizens of Summit, 
Miss, praying for the adoption of an amendment to the Consti- 
tution of the 'United States prohibiting any legislation by the 
States respecting an establishment of religion or making an ap- 
in-opriation of money for any sectarian purpose; which was re- 
ferred to the Committee on the Judiciary. 

REP0ET.5 OF COMMITTEES. 

Mr. COCKRELL, from the Committee on Military Afifairs, to 
whom was referred the bill (S. 2500) for the relief of Edward 
Clemmens, submitted an adverse report thereon, which was 
an-reed to; and the bill was postponed indefinitely. 

'^He also, from the same committee, to whom was referred the 
bill (H. R. 1923) granting an honorable discharge to William \V. 
Wedgwood, reported it with an amendment, and submitted are- 
port thereon. , •, ^, 

He also, from the same committee, to whom was referred the 
bill (H. R. Ill) to remove the charge of desertion now standing 
against Albert Keach, reported it with amendments, and sub- 
mitted a report thereon. . 

Mr. MANDERSON. from the Committee on Military Affairs, 
to whom was referred the bill (S. 1950) donating 20 aeresof land 
from the Fort Sidn.>y military reservation, on the northeast cor- 
ner thereof, to the city of Sidney, Ncbr., for cemetery purposes, 
vsLia^ reported it without amendment, and submitted a report thereon. 
- *™i>' Mtt-McMILLAN, from the Committee on the District of Co- 
lumbia, to whom was referred a petition of the organized work- 
ingmen of the District, praying for sufficient appropriations to 
provide free text-books for pupils in public schools and for the 
erection of necessary buildings, asked to be discharged from its 
further consideration, and that it be referred to the Committee 
on Appropriations; which was agreed to. 

Mr. HAWLEY, from the Committee on Military Affairs, to 
whom was referred the bill (S. 644) for the relief of the legal 
owners of the Columbia bridge, at Columbia, Pa., asked to be 
discharged from its further consideration, and that it be referred 
to the Committee on Claims: which was agreed to. 

Mr. WALTHALL, from the Committee on Military Affairs, 
to whom were referred the following bills, submitted adverse 
reports thereon; which were agreed to, and the bills were post- 
poned indefinitely: 
A bill (S. 619) for the relief of George P. Ihric; 
A bill (S. 1937) for the relief of James L. Williams; and 
A bill (S. 1957) for the relief of Meyer B. Haas. 
Mr. BATE, from the Committee on Military Affairs, to whom 
was referred the bill (S. 2300) for the relief of Monroe Blackburn, 
submitted an adverse report thereon; which was agreed to, and 
the bill was postponed indefinitely. 

Mr. CAMERON, from the Committee on Military Affairs, to 
whom was referred the bill {S.512) for the relief of Benjamin P. 
Campbell, late second lieutenant of the Eighteenth Pennsylvania 
Cavalry, reported it with amendments, and submitted a report 
thereon. 

He also, from the Committee on Naval Affairs, to whom was 
referred the bill (S. 2607) to provide for the detail of an assistant 
to the Bureau of Navigation in the Navy Department, reported 
it with amendments, and submitted a report thereon. 

Mr. BUTLER. I am instructed by the Committee on Naval 
Affairs, to whom was referred the bill (S. 67) to transfer the Reve- 
nue Cutter Service from the Treasury Department to the Navy 
Department, to report it with amendments, and to state that a 
written report will hereafter be made to accompany the bill. 
HON. K. H. M. DAVIDSON. 
I\Ir. CHANDLER. The Senator from North Carolina [Mr. 
Vance] submitted a resolution, which was referred to the Com- 
mittee on Privileges and Elections, for the payment of the ex- 
penses of Hon. R. H. M. Davidson in prosecuting his cMim for a 
seat in the Senate. I am instructed to report back the same 
favorably, but after consultation with the chairman of the Com- 
mittee on Appropriations it was deemed best that the amount 
Bhould be paid by a special appropriation. I therefore report an 



amendment to the deficiency appropriation bill, which I ask to 
have road and referred to the Committee on Appropriations. 

Mr. COCKRELL. Is there any written report accompany- 
ing it? 

iNIr. CHANDLER. There is not. The committee recommend 
the allowance of the round sum of $1,250. 

The proposed amendment was read, referred to the Commit- 
tee on Appro2iriatious, and ordered to be jirintcd, as follows: 

To enable the Set- rclary of the Senate to pay to R. H. M. Dartdson the e.x 
pcuses incurred by him in prosecuting Ms claim to a seat In the Senate nnd' r 
appointment ot tiie governor ot Florida, $1,250. 

PUBLIC BUILDINGS. 

Mr. CAREY. I am instructed by the Committee on Public 
Buildings and Grounds to report back with an amendment the 
resolution referred to that committee relating to the construc- 
tion of public buildings in this city, and I ask for its present con- 
sideration. 

The Senate, by unanimous consent, proceeded to consider the 
resolution, which was read, as follows: 

"Whereas the best interests of the General Government demand that it 
should own and have absolute control of all Miildings necessary for public 
purposes, and tor the proper care and custody ol Its records at the seat of 
Government: Bo it therefore 

Jiesohed, First. That the Committee on Public Buildings and Grounds be 
instructed to investigate, inquire, and report as to the condition of the public 
buildings in the city of Waslilngton. and report what additional btiildings in 
said city are needed for the uses of the General Government in order to carry 
on its business, to preserve and protect its public records, to afford proper 
and healthful accommodations for those engaged in the iiublic service, Hi" 
estimated cost of such buildings; and in this connection to report the sums 
annually expended by the several branches of the Government for leased or 
rented buildings in the city of Washington. 

Second. That the said committee report by bill or otherwise, on or befn- 
the first Monday of December next, such legislation as in their opinion n; .: 
tie necessary in the premises. 

Third. If 'it is necessary to carry out the object ot this inquiry said com- 
mittee, or subcommittee thereof, is authorized to sit during the recess. 

The VICE-PRESIDENT. The amendment of the committee 

will bo stated. 

The Chief Clerk. The committee report to strike out the 
third subdivision of the resolution and insert: 

Third. That the Committee on Public Buildings and Groimds have au- 
thority for the employment of a stenographer to report the hearings before 
said committee or its subcommittee in investigating the questions proposed 
by the foregoing resolution. 

Th% amendment was agreed to. 

Tho resolution as amended was agreed to. 
OFFICERS OF NATIONAL VOLUNTEER SOLDIERS' HOME. 

Mr. HAWLEY. I report favorably from tho Committee on 
Military Affairs a brief bill passed by tho other House, entirely 
unobjectionable. It is unanimously reported, and I ask that it 
bo considered and passed now. 

Tho VICE-PRESIDENT. The title of the bill will be stated. 

Tho Chief Clerk. A bill (H. R. 3867) to amend the act con- 
cerning officers of tho National Homo for Disabled Volunteer 
Soldiers, and for other purposes. 

The VICE-PRESIDENT. The bill v>'ill be read for informa- 
tion. 

The bill was read, as follows; 

Be it enacled, etc.. IhM section ii"^ of the Revised Statutes of the United 
Slates, being section 6 ot the act of Congress approved March 2]. 1866, con- 
cerning the National Home for Disabled Volunteer Soldiers, be, and the same 
is hereby, amended to read as follows, to wit; 

"SEC.48Q9. The ofHcers of the National Homo shall consist ot a governor, a 
deputy governor, a secretai-y, a treasurer, and such other officers as the man- 
agers may deem necessary. They shall be appointed from honorably dis- 
charged soldiers who served as mentioned in the following section; and they 
may "be appointed and removed, from time to time, as the interests of the 
institution may require, by the Board of Managers." 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the bill? 

There being no objection, tho Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

Mr. HAWLEY. A word of explanation, Mr. President. The 
bill does not disclose its effect. The present law requires the 
managers of the Soldiers' Home in selecting their subofficers to 
choose only from those who were soldiers in tho late war. They 
say they can get some better men occasionally if they have the_ 
whole range open, taking enlisted men. 

The bill was reported to the Senate without amimdment, or- 
dci'cd to a third reading, read the third time, and passed. 
BILLS INTRODUCED. 
Mr. WASHBURN introduced a bill {S. 2807) for the relief of 
E. Douglass, late Indian agent at White Earth Indian Agency; 
which was read twice by its title, and, with tho accompanying 
papers, referred to the Committee on Claims. 

Mr. WILSON introduced a bill (S. 2808) granting bounties in 
certain cases; which was read twice by its title, and referred to 
the Committee on I^Iilitary Affairs. 

I\Ir. VILAS introduced a bill (S. 2809) for tho relief of Royal 
E. Dake; which was read twic« by its title, and referred to the 
Committee on l^Iilitary Afi'airs. 



1892. 



CONGRESSIONAL RECOED— SENATE. 



2757 



I therefore, Mr. President, feel perfectly free, and I intend 
always while I have a seat on this floor to feel perfectly free to 
oast my vote upon any question concerning the welfare of my 
constituency according to wnat I believe are the substantial 
merits of the proposition. 

I shall not complain that any other Senator does not do the 
same thing; I shall not criticise him or suppose that he doesnot, 
for thei'c are other Senators in this body who believe that the 
acquisition of the Presidency is of more worth to the great body 
of the people even than the bread that they are to eat and the 
clothing which they are to wear. They believe it will be a bet- 
ter thing that the people should almost starve, six months of 
the year, on the lowest ijossible support for humanity, rather 
than that they should lose a Presidential election. I do not feel 
that way about it. I feel as if this was a govei-nment instituted 
for the purpose of providing for the welfare of the people who 
compose it, and I try never to get out of sight either of their 
power, their influence, their wishes, or their interests. 

I believe that it is a duty of the Government of the United 
States to care for those men who arc not lierc in person, and who 
sent us here to take care of their material interests and welfare 
and to provide those measures which we conscientiously believe 
are necessary for that result and that effect, and I will never turn 
my back upon any question that comes up in this Senate, because 
I may suppose that it will redound to the advantage of tlie polit- 
ical party to which I happen to belong when I believe by my vote 
I can secui-e a proper advantage, a necessary opportunity for 
prosperity and justice, at least, to the people that I have the 
honor to represent here. 

Mr. President, the Senator from Ohio does not want to hear 
any debate about this matter. I do not blame him. It has been 
dinned in his ears for many years, and after a large portion of the 
Democratic party and a large portion of the Republican party 
have combined in these latter days to elevate the honorable Sen- 
ator's great policy against silver to this throne of power, from 
which it is supjaosed it will never be dethroned, I do not blame 
him for enjoying the situation and wanting to do it in quietude 
and silence, for surely the Democratic party of the United States 
never before paid such a tribute to Whig or Republican as has 
been paid recently to the honoi-able Senator from Ohio by crown- 
ing him as the king of finance in this country and the man to 
lead the hosts of Democracy here on this question. 

He rules supreme, and that policy seems new to be fixed which 
he inaugurated in 1873, when silver was 3 per cent premium over 
gold as bullion or as coin, and which has dragged silver down 
into the mere category of a metal of commerce like nickel and 
aluminum and copper and iron — that Senator who has had the 
power to expel and keep expelled from the money metals of this 
country two-thirds of its mineral products for twelve or fourteen 
years, practically to destroy its value as a money metal and to re- 
duce it to the category of a commodity which invites the specula- 
tion of all the thieves in Wall street or thereabouts — the Senator 
who has accomplished that much and has got a large Democratic 
indorsement for it ought to feel easy and quiet. 

I do not blame him for the supreme indifference that he now 
manifests towards the interest and the welfare of the common 
jieople of this country. He ought to feel easy and happy, and 
he ought not to wish a man of my caliber and my location, my 
very remote connection, either personal or through my people, 
with the control of the vast wealth and money power of this 
country, to rise here and disturb his peace of mind when he is 
glorifying himself upon his recent triumph in connection with a 
fragment of the Democratic party in this country in crushing 
out the free coinage of silver. I do not propose that that Sena- 
tor shall rest quite at ease about it until we have entered a final 
])lea for the people. 

I represent a constituency here that, if they have not a dollar 
apiece in their pockets, have the worthy manhood of the greatest 
and best of men — the manhood of a good conscience and an honest 
record through life for devotion to their country, and I intend 
that they shall have a representative on this floor who is not 
afraid to speak out and who will bring these subjects forward and 
try to have them considered, without reference to where or when 
or how far they may dethrone or break the idols of party wor- 
ship. 

So, Mr. President, I will ask that this resolution may go over 
until to-morrow, and I ask it in the hope that some of the Sena- 
toi's on this floor who believe as I do about this subject will come 
to my support and sustain me in an effort to do justice to the 
patient and forbearing industrial classes. 

Mr. PUGH. Yes. 

Mr. MORGAN. And that, notwithstanding the rules of the 
Senate which will apply on next Monday, we shall have the op- 
portunity when the Senator from Nevada calls his motion to 
take that bill up, which is reported adversely upon the Calen- 
dar, and notwithstanding the silence that will then be imposed 



upon us by that rule, that we shall, under these resolutions or 
in some form, have an opportunity of expressing our opinions 
and extracting also from other gentlemen their opinions upon 
these questions, for I want to know who are the friends of free 
coinage and who its enemies are in the Senate of the United 
States. 

The VICE-PRESIDENT. The resolutions will be printed and 
go over. 

MESS.\GE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had agreed 
to the resolution of the Senate requesting the President of the 
United States to return to the Senate the bill (S. 10.57) to punish 
the unlawful appropriation of the use of the property of another 
in the District of Columbia. 

The message also returned to the Senate, in compliance with 
its request, the bill (S. 2467) to fix the terms of holding courts 
in the eastern district of Texas. 

The message further announced that the House had passed 
the following bills: 

A bill (S. i;3].j) to protect foreign exhibitors at the World's 
Columbian Exposition from prosecution for exhibiting wares 
protected by American patents and trado-mavks: and 

A bill (S. 2ri4.'i) changing- the time for holding the circuit and 
district courts in the district of West Virginia. 

The message also announced that the House had passed a joint 
resolution (H. Res. 69) authorizing the use of the martcllo tower, 
on Tybee Island, Georgia, for a signal station; in which it re- 
quested the concurrence of the Senate. 

"^ HEARINGS BEFORE JUDICIARY COMMITTEE. 

Mr. HOAR submitted the following resolution; which was 
read: 

Jlesolveil. That the Committee ou the Jiidielary be authorized to employ a 
stenographer, to be paid from the coutiu^jent fund of the Senate, to report 
the evidence and arguments at the hearing with regard to pending measures 
for the relief of the supreme cotu't of the District of Columbia. 

By unanimous consent, the Senate proceeded to consider the 
resolution. 

Mr. HOAR. I will say to my friend from Nebraska [Mr. Pad- 
dock], who is a member of the Committee on Contingent E.x- 
penses, that this is a matter merely of employing a stenographer 
for an hour or an hour and a half. It is not of any groat im- 
portance. 

Mr. PADDOCK. It gives me great pleasure to be able to an- 
nounce to the Senator from Massachusetts that the honored 
chairman of the Committee on Contingent Expenses is now pres- 
ent, and the Senator may consult with him. 

Mr. HOAR. Very well. 

The PRESIDING OFFICER (Mr. Faulkner in the chair). 
The resolution will be referred to the Committee to Audit and 
Control the Contingent E.xpenses of the Senate, in the absence 
of objection. 

PRESIDENTIAL APPROVAL. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of his secretaries, announced that the President 
had this day approved and signed the act (S. 2384) to change the 
name of the customs-collection district and port of Wilmington, 
Cal., to Los Angeles, and for other purposes. 

LITERARY AND SCIENTIFIC COLLECTIONS. 

The VICE-PRESIDENT. Is there further morning business? 
If not, that order is closed, and the Calendar under Rvde VIII is 
in order. 

Mr. McMillan. I ask unanimous consent for the present 
consideration of House joint resolution 92. which is now on the 
table. It was partially considered yesterday and went over un- 
til to-day. 

Mr. DAWES. Is the morning- business concluded? 

The VICE-PRESIDENT. The morning business in concluded. 

Mr. DAWES. Then I move to take up the Indian appropria- 
tion bill. 

Mr. McMillan. I hops the Senator will allow the consid- 
eration of the joint resolution to be finished. 

Mr. DAWES. If it will not cause any debate I shall not in- 
sist on my motion. 

By unanimous consent, the Senate, as in Committee of the 
Whole, restimed the consideration of the joint resolution (H. Res. 
92) to encourage the establishment and endowment of institutions 
of learning at the national capital by defining the policy of the 
Government with reference to the tise of its literary and scien- 
tific collections by students. 

Mr. McMillan. I wish to offer an amendment, in line 8, 
after the word "prescribe," to strike out '"or as are already or 
hereafter may be prescribed by act of Congress " and insert '• sub- 
ject to such authority as is now or may hereafter be permitted 



2758 



CONGRESSIONAL EECORD— SENATE. 



Maech 31, 



by law;" and in lino 9, before the word "students," to insert 
" scientific investig-ators and to." 

T will say that I offer the amendment at the request of the Sen- 
ator from Massachusetts [I^Ir. Hoar], and as I understand it does 
away with his objection. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. In lino 8, after the word " lorescribe," it 
is proposed to strike out "or as are already or hereafter may be 
prescribed by act of Congress " and insert "subject to such au- 
thority as is now or may hereafter be permitted by law;'' and in 
line 9, after the words "to the," to insert "scientific investiga- 
tors and to;" so as to read: 

That the lacilities tor research and illustration in the following and any 
other Governmental collectlous now existing or hereafter to be established 
in the city of Washington for the promotion of knowledge shall be accessi- 
ble, under such rules^and restrictions as the oflicers in charge of each col- 
lection may prescribe, subject to such authority as is now or may hereafter 
be permitted by law to the scientific investigators and to the students of any 
higher institution of higher education now incorporated or hereafter to be 
incorporated under the laws of Congress or of the District of Columbia, etc. 

The amendment was agreed to. 

The Joint resolution was reported to tho Senate as amended, 
and the amendment was concurred in. 

The amendment was ordered to be engrossed and the Joint 
resolution to bo read a third time. 

The Joint resolution was read the third time, and passed. 

USE OP SENATE CHAMBER. 

Mr. SHERMAN. I wish to ask the unanimous consent of the 
Senate, and it is requisite that the consent should be unanimous, 
to allow a formal caucus to bo held in the Senate Chamber this 
evening by the Republicans of the two Houses for the purposes 
of organization in the usual way. It not being convenient this 
evening to hold it in the Hall of the other House on account of 
a desire to hold a session there, I ask imanimous consent of the 
Senate that it may bo held this evening in the Senate Chamber. 

Tho VICE-PRESIDENT. Is there' objection to the request 
of the Senator from Ohio'? Tho Chair hears no objection, and 
the request is granted. 

INDIAN APPROPRIATIONS. 

Mr. DAWES. I move that the Senate proceed to the consid- 
eration of the Indian appropriation bill. 

The motion was agreed to; and the Senate, as in Committee of 
the Whole, resumed tho consideration of the bill (H. R. 5974) 
making appropriations for current and contingent expenses and 
fulfilling t)'eaty stipulationswithlndian tribes, for the fiscal year 
ending June 30, 1893. 

The VICE-PRESIDENT. The pending question is on the 
amendment reported by tho Committee on Appropriations as 
amended, on which the yeas and nays have been ordered. 

Mr. COCKRELL. Let tho amendment be again reported. 

The Chief Clerk. After line 11, of section 1, on page 1, it 
is jiroposed to strike out: 

Provided, That from and after the passage of this act the President shall 
detail officers of the United States Army to act as Indian agents at all agen- 
cies where vacancies from any cause may hereafter occm', who, while act- 
ing as such agents, shall be under the orders and direction of the Secretary 
of the Interior. Provided further. Th3,l whenever the President shall be of 
opinion that the good of the service specially requires it, he may appoint a 
ciWIian. 

Ml'. DAWES. I believe the yeas and nays have been ordered. 

The VICE-PRESIDENT. The yeas and nays have been or- 
dered, and the roll will be called. 

Mr. COCKRELL. Let me understand it. The motion is to 
strike out the House provision, as it has been amended'? 

The VICE-PRESIDENT. That is the question, on tho amend- 
ment reported by the Committee on Appropriations as amended 
yesterday. 

The Secretary proceeded to call the roll. 

Mr. BATE (when his name was called). Iain paired with the 
Senator from Washington [Mr. Allen], who is absent in com- 
mittee necessarily. 

Mr. HxVRRIS fwhen his name was called). I have a general 
pair with the Senator from Vermont [Mr. Morrill], but feel- 
ing, as I do, that if he were here he would vote "nay," I shall 
record my vote "nay." 

Mr. MANDERSON (when his name was called). I am paired 
with the Senator from Kentucky [Mr. Blackburn], who is de- 
tained from the Chamber by a domestic affliction. If ho were 
present I should vote "nay." 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey]. If he were pres- 
ent, I should vote "nay." 

]Mr. WALTHALL (when his name was called). I am paired 
with the Senator from Rhode Island [Mr. Dixon]. If he were 
present, I should vote "nay," 

Mr, WOLC'OTT(when hisnamewas called), I am paired with 
tho Senator from West Virginia [Mr. Kenna], In his absence 
from the Chamber, I withhold my vote. 



The roll-call was concluded, 

Mr, BRICE. I am paired with the Senator from California 
[Mr. Felton]. 

Mr. FAULKNER. I am paired with the junior Senator from 
Pennsylvania [Mr. Quay]. I understand it ho were present he 
would vote "nay." I thoi'efore record my vote " nay." 

Mr. DAVIS. I am paired with the Senator from Indiana [Mr. 
Turpie]. 

The result was announced — yeas 29, nays 34; as follows: 

YEAS-29, 



AUisou. 




Gorman, 


Palmer, 


Stewart, 


Call, 




Hansbrough 


Perkins, 


Stockbrldge 


Carey, 




Higgins, 


Pettigrew, 


Teller, 


Colquitt, 




Hlscock, 


Piatt, 


Warren, 


Cullom, 




Jones, Ark. 


Power, 


Wilson. 


Dawes, 




Jones, Nev. 


Ransom, 




Dolph, 


X 


Morgan, 


Sanders, 




Dubois, 




Paddock, 


Shoup, 
NAY'S— 34, 




Barliour, 


Faulkner, 


Hill, 


Sherman, 


Berry, 


CD 
<1> 
CO 


G allinger. 


Kyle, 


Vance, 


Butler, 


George, 


McMillan, 


Vest, 


Cameron, 


Gibson, La. 


McPherson, 


Vilas, 


Carlisle, 


Gibson. Md. 


Mills, 


Voorhees, 


Chandler, 


1 • 


Gordon. 


Peffer. 


W.ashburu, 


Cockrell, 


o 


Gray, 


Proctor, 


White. 


Coke, 


_<I> 


Harris, 


Pugh, 




Daniel. 


IS' 


llawley, 


Sawyer, 






=3 


NOT VOTING-25. 




Aldrich, 


Ui 


Davis, 


Kenna, 


Stanford, 


Alien, 


L_ 


Dixon, 


Manderson, 


Tui-pie, 


Bate, 


O 


Felton, 


Mitchell, 


Walthall, 


Blackburiit- 


Frye, 


MorrlU, 


Wolcott. 


Blodgett, 




Hale, 


Pasco. 




Brice, 




Hoar, 


Quay, 




Casey. 




Irby, 


Sciuire, 





So the amendment of the committee was rejected. 

The VICE-PRESIDENT. The readingof the bill will be pro- 
ceeded with. 

The Secretary resumed and continued the reading of tho bill 
to the following provision in line 19, on page 2: 

At the ColviUe Ageucy, at S1.500. 

Mr. DAWES. I ask that that lino may be passed over until 
the Senator from Washington [Mr. Allen] is able to be in tho 
Chamber. 

The PRESIDING OFFICER (Mr. Faulkner in the chair). 
It will be so ordered. 

The reading of the bill was resumed at line 21, on page 2. 

The next amendment of the Committee on Appi-opriations was, 
in section 1, on page 4, line 7, after the words " At the " tostriko 
out " Forest City Agency (formerly Cheyenne River)," and in- 
sert " Cheyenne River Agency;" so as to make the clause read: 

At the Cheyenne River Agency, at JI,500. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 5, line 13, be- 
fore the word " Territory," to strike out " Indian " and insert 
"Oklahoma," so as to make the clause read: 

At the Sac and Fox Agency. Oklahoma Territory, at $1,203. 
The amendment was agreed to. 

The next amendment was, in section 1, on page G, after the 
words "per annum," at the end of line IG, to insert " which sum 
is hereby appropriated for the purpose;" and in lino 20, after the 
woi'd " thousand," to strike out " three himdred;" so as to make 
the clause read: 

The superintendent of the Indian framing school at Cherokee, N. C, shall, 
in addition to his diuies as superintendent, perform the duties heretofore re- 
quired of the agent at s.aid Cherokee Agency, and receive, in addition to his 
salary as superintendent. KOO per annum, which sum is hereby appropriated 
for the purpose, and shall give bond as other Indian agents, and that the 
office of agent be. and the same is hereby, abolished at that place; In all, 
SS9,000: and all provisions of law fixing compensation for Indian agents In 
excess of that herein provided are hereby repealed. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 7, line 3, after 
the words "inspectors at," to strikeout "two thousand five hun- 
dred " and insert "three thousand; " and in line 4, after tho word 
"each," to strikeout "twelve thousand five hundred" and insert 
"fifteen thousand;" so as to make the clause read: 
For pay of five Indian inspectors, at ?3,000 per annum each, $15,000. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 7, line 9, to in- 
crease the appropriation "for pay of one superintendent of Indian 
schools " from "$3,000" to "$4,000," 

The amendment was agreed to. 

The next amendment was, in section ] , on page 7, line 20, after 
the word "agencies,'' to strike out "and repairs of the same:" 
so as to make the clause read: 

For buildings and repair of buildings at agencies, $30,000. 

The amendment was agreed to. 

The next amendment was, in section l,on page 9, line 1, in the 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



2769 



agent has added to his duties the care ofother agencies it is true, 
because those other agencies require but very little work. I do 
not think, taking his labor compared with what his labors were 
ten years ago, that the raising of the salary would be justified. 
However, Mi'. President, I shall ask for the yeas and naj's on the 
amendment. 

Mr. PADDOCK. I hope the Senator will not do that now. 
The increase of this salary has been recommended half a dozen 
times by the Commissioner of Indian Affairs. It is conceded by 
the Department that it is a hardship and an injustice to retain 
this small salai-y considering the added duties and responsibili- 
ties. 

Now, the very fact that part of these Indians at least, as the 
Senator states, have had lands allotted to them in severalty in- 
dicates that the duties are more important and responsible. I 
believe the stage of civilization to which the Indians have reached , 
which involves the allotment of land in severalty, itself brings 
now questions, new duties, new complications, and new respon- 
sibilities. I happen to know the agent in charge of that agency. 
He is a man of superior ability and has a splendid record. I 
know he is inadequately paid for the laborious, painstaking, and 
thorough service he renders. 

Mr. DAWES. Does the Senator know how long his commis- 
sion has run? 
Mr. MANDERSON. About two years. 

Mr. GEORGE. I should like to ask the Senator from Nebraska 
a question. Have you got a splendid agent there? 

Ml'. PADDOCK. We always have splendid agents under the 
present Administration. This is one of the best. I do not quite 
agree with my colleague about the detailing of military officers 
because we can not furnish good civilian agents. 

Mr. GEORGE. The present salary, then, gets a splendid 
agent? Is there any danger of his resigning? 

Mr. PADDOCK. Every laborer is worthy of his hire, and we 
have multiplied the duties of this one by three. As a matter of 
decency the salary should be j-aised. 

Mr. GEORGE. Is the present agent not entirely willing to 
keep the agency at the present salary? 

Mr. PADDOCK. That is a question which I can not answer. 
I do not know about it. I never asked him. Nor is that argu- 
ment in this case. I know it would be only decent to moderately 
increase his salary after so largely adding to his labors and his 
responsibilities. 

Mr. PETTIGREW. I offer a substitute for the amendment 
proposed by the Senator from Nebraska. I move to amend by 
striking out, on page 5, lines 7 and 8, and inserting: 

At ihe Sautee Agency the President Is aiithovized to detail an army offlccr 
to take charge of said agency. 

Then it will not require any appropriation at all, if there is to 
be economy. 

The VICE-PRESIDENT. The amendment proposed by the 
Senator from South Dakota will be stated. 

The Secretary. It is proposed to strike out lines 7 and 8, on 
page 5, as follows: 

At the Santee Agency, at 81,200. 

And insert: 

At the Santee Agency the President is axithorized to detail an army officer 
to take charge of said agency. 

Mr. MANDERSON. That is a very excellent amendment, 
and I think I shall propose it, when the proper time comes, to 
all the agencies in South Dakota, whore I know it will meet 
with the approval of the Senator. [Laughter.] 

CONSIDERATION OF THE CALENDAR. 

Mr. DOLPH. Before the roll is called on the amendment I 
wish the Senator having charge of the bill would give way to me 
to make a request for unanimous consent, for I am afraid it may 
disclose that we arc not in a condition to proceed with business. 

Mr. DAWES. What is the request? 

Mr. DOLPH. I desire to request that after this bill is con- 
cluded the Calendar under Rule VIII shall be taken up for two 
days. 

Mr. DAWES. To-night? 

Mr. DOLPH. No, after this bill is concluded, that the Calen- 
dar be taken up and proceeded with for two days. 

Mr. PADDOCK. I shall accede to that with all my heart. 

Mr. BUTLER. The request seems to be imanimous, but will 
the consent be? 

Mr. ALLISON. I will agree to the request of the Senator 
from Oregon if ho will except the consideration of the District 
of Columljia appropriation bill, which I think will be ready early 
next week, and which I am very anxious to get out of the way. 

Mr. DOLPH. I will modify my request that the Calendar un- 
der Rule VIII be taken up after the conclusion of the pending 
bill, subject to the consideration of the District of Columbia ap- 
propriation bill, and proceeded with for two days. 

XXITI— 171 



The VICE-PRESIDENT. Is there objection to the request of 
the Senator from Oregon? The Chair hears none. 

INDIAN APPKOPRIATIONS. 

The Senate, as in Committee of the Whole, i-esumcd the con- 
sideration of the bill (H. R. .5974) making appropriations for cur- 
rent and contingent expenses and fulfilling treaty stipulations 
with Indian tribes for fiscal year endini;- ,)une 30, 1893. 

The VICE-PRESIDENT. Tlie p.'nding question is on the 
amendment submitted by the Senator from Nebraska [Mr. MAN- 
DERSON], in line 7, on page 5, to strike out " two hundred " and 
insert " five hundred," so as to make the salary of the agent at 
the Santee Agency $1,500, on which the yeas and nays have been 
demanded . 

Mr. PETTIGREW. I should like to know if my amendment 
is not in order first? 

The VICE-PRKSIDENT. It is not in order at present until 
the amendment of the Senator from Nebraska [Mr. Manderson] 
is passed upon. 

The yeas and nays were ordered. 

Mr. GEORGE. I sliould like to have the pending question 

The' VICE-PRESIDENT. The Secretary will report the 
amendment proposed by the Senator from Nebraska. 

The Secretary. On page 5, line 7, it is proposed to strike 
out "two" and insert "five;"' so as to read: 

At the Santee Agency, at *1,500. 

Mr. GEORGE. Instead of $1,200. 

The VICE-PRESIDENT. The roll will be called. 

The Secretary proc;eded to call the roll. 

Mr. MANDERSON (when his luune was called). I am paired 
with the Senator from Kentucky (Mr. BLACKBURN]. I should 
v'ote "yea'' if he were present. 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. COLQUITT]. I therefore withhold 
my vote. 

The roll call was concluded. 

Mr. PASCO. I am paired with the Senator from North Da- 
kota [Mr. Casey]. In his absence I withhold my vote. 

Mr. CALL. I am paired generally with the Senator from 
Vermont [Mr. ProctorI. I am told, however, that I may prop- 
erly vote on this question, and I vote "nay." 

The result was announced — yeas 19, nays 30; as follows: 

YEAS— 19. 



Allen. 


HansLrough, 


Pettigrew, 


Squire, 


Chandler, 


Hawlcv, 


Power, 


Teller, 


Davis, ^ 
Dolph. Si 
Ditbois, -g 


McMillan, 


Sanders, 


VUas, 


Paddock, 


Sawyer, 


Washburn 


Perkins. 


Shoup, 




5= 




NAYS-30. 




Allison, — 


Coke, 


Hill. 


Stewart, 


Bate. ^ 


CuUom. 


Hoar, 


Stockbridg 


Berry, qj 


Daniel, 


Jones, Ark. 


Turpie, 


Duller, CO 


Dawes, 


Kyle, 


Vance, 


Call. 


George, 


Mills, 


Walthall, 


Carey, -^ 


Gibson, Md. 


Peffer, 


White. 


Carlisle, ^J 


Gorman, 


Pugh, 




Cockrell,.2i, 


Gray, 


Ransom, 




-a' 


NOT VOTING— 39. 




Aldrich. =5 


Felton, 


Jones, Nev. 


Proctor, 


Barbonr. <^ 


Frye, 


Kenna, 


Quay, 


Bl.ackbum, 


Gallinger, 


McPherson, 


Sherman, 


Blodgett.O 


Gibson, La. 


Manderson, 


Stanford, 


Brice, U_ 


Gordon, 


Mitchell, 


Vest, 


Cameron, 


Hale, 


Morgan, 


Voorhees, 


Casey, 


Harris, 


Morrill, 


Warren, 


Colquitt, 


Hlgglns, 


Palmer, 


Wilson. 


Dixon, 


Hiscock, 


Pasco, 


Woleott. 


Faulkner, 


Irby. 


Piatt, 





So the amendment was rejected. 

The VICE-PRESIDENT.' The question now is on the amend- 
ment proposed by the Senator from South Dakota [Mr. Petti- 
grew]. 

Mr. CULLOM. Pending that, I move that the Senate do now 
adjourn. 

The motion was agreed to; and (at 4 o'clock and 30 minutes p. 
m.) the Senate adjourned until to-morrow, Friday, April 1, 1892, 
at 12 o'clock m. 



HOUSE OF EEPRESENTATIVBS. 

Thursday, March 31, 1802. 

The House met at 12 o'clo.^k m. Prayer by the Chaplain, Rev. 
W. H. Milburn, D. D. 

The Journal of yesterday's ijroceedings was read. 

Mr. WATSON. Mr. Speaker, I ask unanimous consent for the 
present consideration 

The SPEAKER. Does the gentleman rise with respect to the 
Journal? 

Mr. WATSON. No, sir. 



27 TO 



CONGRESSIONAL EECORD— HOUSE. 



MAliCH 31, 



Mr. McMILLIN. We want to go on with the consideration of 
the revenue bill. . ., -r , j 

The SPEAKER. If there be no objection, the Jom'nal as read 
will be approved. 

There was no objection, and the Journal was approved. 

FRANCIS TILLMAN, DECEASED. 

The SPEAKER laid before the House a letter from the assist- 
ant clerk of the Court of Claims, transmitting a copy of the find- 
ings of the court in the case of Francis Tillman, deceased, against 
the United States; which was referred to the Committee on War 
Claims, and ordered to be printed. 

GOUKTS OF THE EASTERN DISTRICT OF TEXAS. 

The SPEAKER laid before the House the following request 
of the Senate: 

The Clerk read as follows: 

llfnolved. That ttie Secretary be directed to request the House of Repre- 
seutatives to return to tlie Senate the Mil (S. 2487) to fix the terms of holding 
courts In eastern district of Texas. 

The SPEAKER. If there be no objection, this request of the 
Senate will be complied with, and that bill returned to the Senate. 

Tiiere was no objection. 

RETURN OF BILL TO THE SENATE. 

The SPEAKER also laid before the House the following Sen- 
ate resolution: 

The Clerk read as follows: 

J!f solved btj the Senate (the House of Iteiiresentatiees concurring). That the 
Pre-ident he requested to return to the Senate the bill (S. 1057) to punish the 
tuiUv.-ful appropriation of the use of the property ol another in the District 
of C<)Uiinbia. 

The SPEAKER. Without objection, the House will proceed 
to the present consideration of this resolution, andvthe question 
is on concurring in the resolution. 

Mr. BURROWS. What is the resolution? Simplyfor return 
of a inatterV , ^ . , 

The SPE.AKER. It is simply a request from the Senate and 
thi' [louse to 1'he President to return a bill. 

Mr. BURROWS. I have no objection. 

The resolution was agreed to. 

ALLOTMENT IN SEVERALTY TO SOUTHERN UTE INDIANS. 

The SPEAKER also laid before the House the following eon- 
ciu-,-ont rt solution; which was referred to the Committee on In- 
dia,! AiTairs, and ordered to be printed: 

;;■ -.ylved by the Senate {the llonse of Ilepresenlatives concurring). That the 
Presilr-nt be requested to refrain from allotting In severalty the lands of the 
present reservation of the Southern Ute Indians pending legislation in the 
present Congress respecting the removal of said Indians to another reserva- 
tion. 

HOT SPRINGS, ARK. 

The SPEAKER laid before the House the bill (S. 2597) to in- 
clu;ie lot numbered 53, in block S9, at Hot Springs, Ark., in the 
public reservation at that place; which was read a first and sec- 
ond time, referred to the Committee on Public Lands, and or- 
dered to be printed. 

BRIDGE ACROSS ILLINOIS RIVER AT HAVANA, ILL. 

The SPEAKER also laid before the House the bill (S. 10.35) to 
esta1)lish a railway Ijridge across the Illinois River, between a 
point at or near the city of Havana, in Mason County, and a point 
on the o])posite side of said river, in Pulton County, in the State 
of Illinois: which was read a first and second time, referred to 
the Committee on Interstate and Foreign Commerce, and ordered 
to be printed. 

LEAVE OP ABSENCE. 

By unanimous consent, leave of absence was granted, as fol- 
lows: 

To Mr. Cobb of Missouri, for one week, on account of impor- 
tant business. 

To Mr. Alderson, indefinitely (at the request of Mr. Pendle- 
ton), on account of sickness. 

SIGNAL STATION OF TYBEE ISLAND, GEORGIA. 

Mr. LESTER of Georgia. Mr. Speaker, I ask unanimous con- 
sent for the present consideration of the joint resolution (H. Res. 
69) authorizing the use of the martello tower, on Tybse Island, 
Georgia, for a signal station. 

The SPEAKER. The Clerk will report the resolution, after 
which the Chair will 'ask if there be objection. 

Tlie Clerk read as follows: 

Hesoleed. >!<■.. That the Secretary of W.ar be. and he is hereby, authorized 
to permit the use of the martello tower, on Tybee Island, Georgia, by tele- 
graph or leli'plioue ronrpauics for a signal station to report passing vessels, 
tinder such conditions as he may deem proper to protect the interest of the 
United States. 

The SPEAKER. Is there objection to the present considera- 
tion of the resolution? 

Mr. DINGLEY. Reserving the right to object, I would like 
an explanation of the bill. 



Mr. McMILLIN. If this is to result in any lengthy discus- 
sion, I shall have to object. 

Mr. LESTER of Georgia. I will state to the gentleman that 
the object sotighi is set forth in the report. 

The report (by Mr. Lester of Georgia) was read, as follows: 

The Committee on Interstate and Foreign Commerce, to whom was ir 
ferred thg ,iomt resolution (H. Res, 09) authorizing the use of the martell'i 
tower, on Tybee Island, Georgia, for a signal station,|submit the following 
report : 

Gen. Thomas L, Casey, brigadier-general, Chief of Engineers, says In re 
gard to this joint resolution that— 

"The commercial interests of Savannah will be benefited by the exerclsi' 
of the authority which this resolution proposes to give the Secretary ■■; 
War." 

The passage of the resolution will involve no expenditure from the Trea- 
ury of the United States. 

And for all the reasons assigned your committee recommend that the re 
olution do pass. 

The SPEAKER. Is there objection to the present considi'r- 
ationof this resolution? [After a pause.] The Chair hears non-. 
The question was taken, and the resolution was agreed to. 
On motion of Mr. LESTER of Georgia, a motion to reconsider 
the last vote was laid on the table. 

WARES OF FOREIGN EXHIBITORS AT WORLD'S FAIR. 

Mr. TILLMAN. Mr. Speaker, I am directed by the Commit- 
tee on Patents to ask unanimous consent of the House to take up 
for immediate consideration the bill (S. 2315) to protect foreign 
exhibitors at the World's Columbian Exposition from prosecu- 
tion for exhibiting wares protected by American patents and 
trade-marks. 

The SPEAKER. The Clerk will report the bill, after which 
the Chair will ask if there be objection. 

The Clerk read as follows: 

Beit enacted, etc.. That no citizen of any other country shall be held liable 
for the infringement of any patent granted by the United States or of any 
trademark or label registered in the United States where the act complained 
of Is or shall be performed in connection with the exhibition of any article or 
thing at the World's Columbian Exposition at Chicago. 

The SPEAKER. Is there objection to the present considera- 
tion of the Senate bill? 

Mr. BUBROWS. I would like to inquire of the gentleman 
from South Carolina whether that bill has been considered by 
his committee? 

Mr. TILLMAN. It has, sir; and the committee has unani- 
mously recommended its adoption by the House. I will explain, 
Mr. Speaker, in two or three minutes 

Mr. BURROWS. I have no objection, Mr. Speaker. 

The SPEAKER. Is there objection to the present considera- 
tion of tlie Senate bill? [After a pause.] The Chair hears none. 

The bill was ordered to be engrossed for a third reading; and 
being engrossed, it was accordingly read the third time, and 
passed. 

On motion of Mr. TILLMAN, a motion to reconsider the last 
vote was laid on the table. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCoOK, its Secretary, 
announced that the Senate had ])assed without amendment bill 
and joint resolution of the following titles: 

A bill (H. R. 3867) to amend the act concerning officers of the 
National Home for Disabled Volunteer Soldiers, and for other 
purposes. 

Joint resolution (H. Res. 115) amending the joint resolution to 
regulate licenses to proprietors of theaters in the city of Wash- 
ington, D. C, and for other purposes, approved February 26, 
1892. 

It also announced that the Senate-had passed with amendments 
joint resolution (H. Res. 92) to encourage the establishment and 
endowment of institutions of learning at the national capital by 
defining the ])olicy of the Government with reference to the use 
of its literary and scientific collections by students; in which 
conc'irrence was requested. 

It also announced that the Senate had passed the following 
Senate conciu'rent resolution: 

Resohu'dbii tlie Senate {the House of liepresetitatims concurring). That there 
be printed and bound 8.000 copies of the eulogies delivered in Congress on 
Preston B. Plumb, of which number 2,000 shall be delivered to the Senators 
and Representatives of Kansas, which number shall include 50 copies to be 
bound in morocco for the use of the family of the deceased, and the relnaln- 
iu" number shall be distributed according to, the proportion of 2,000 to the 
Senate and 4,000 to the House. The engi-aving tor the said eulogies shall be 
done at the Bureau of Engravung and Printing and paid for out of the ap- 
propriation for that Bureau. 

It also announced that the Senate had agreed to the amendment 
of the House of Renresentatives to the bill (S. 808) establishing 
a port of deli%-ery at Des Moines, Iowa. 

It also announced that the Senate had passed the following 
resolution: 

Sesoltea, That the Secretary be directed to return to the House of Repre- 
sentatives, In compliance with its request, the concurrent resolution "au- 
thorizing the President of the United Stales, the President of the Senate, 



1892. 



CONGRESSIONAL RECORD— SENATE. 



2809 



ers of Webster and Hamilton Counties, Iowa, remonstrating 
against the passage of what arc known as the Washburn and 
Hatch antioption bills; which was referred to the Committee on 
the Judiciary. 

Mr. MANDERSON presented a petition of the United Presby- 
terian Congregation, of Majors, Nebr., praying that the World's 
Columbian Exposition be closed on Sunday; which was referred 
to the Committee on the Quadro-Centennial (Select). 

Mr. VOORHEES presented the petition of George W.Barnard 
and other citizens of Wayne County, Ind., and the petition of 
Michael Hammans and other citizens of Morgan County, Ind., 
pi-aying for the passage of what are known as the Washburn- 
Hatch antioption bills; which were referred to the Committee on 
the Judiciarj-. 

Mr. COCKRELL presented a petition of the North Sabbath 
School, of North, Henry County, Mo., signed by Louis Georgens, 
secretary, praying that the World's Columbian Exposition be 
closed on Sunday, and that the sale of intoxicants bo prohibited 
thereat; which was referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. CULLOM presented a petition of citizens of Morrison, 111., 
praying for the closing of the World's Columbian Pair on Sun- 
day; which was referred to the Committee on the Quadro-Cen- 
tennial (Select). 

He also presented a memorial of sundry citizens of 'Vandalia, 
111., remonstrating against the passage of any general bank- 
ruptcy law; which was referred to the Committee on the Judici- 
ary. 

Mr. ALLISON presented a petition of the Young People's So- 
ciety of Christian Endeavor of the Plymouth Congregational 
Church of Des Moines, Iowa, praying for the closing of the World's 
Columbian Exposition on Sunday; which was referred to the 
Committee on the Quadro-Centennial (Select). 

He also presented a petition of sundry citizens of Iowa, pray- 
ing for the passage of an amendment to Uie Constitution of the 
United States prohibiting any legislation by the States respect- 
ing an establishment of religion or making an appropriation of 
money for any sectarian purpose; which was referred to the Com- 
mittee on the Judiciary. 

He also presented the following petitions of Oak Ridge Grange, 
Patrons of Husbandry, of Iowa: 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petition praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Officcs and Post-Roads. 

Mr. HALE presented a petition of the Bangor (Me.) Board of 
Trade, praying for the passage of Senate bill 1282, relating to 
pilotage and coastwise sailing vessels; which was referred to the 
Committee on Commerce. 

He also presented the following petitions of Cherryfield Grange, 
Patrons of Husbandrj', of ISIaine: 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture — referred to the Committee on Ag- 
riculture and Forestry. 

Petition praying for the enactment of legislation to prevent 
gambling in farm products— to the Committee on the Judiciary. 

Petition praying for the passage of House bill 395, defining 
lard and imposing a tax thereon— ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts—referred to the Committee on Post-Offices and Post- Roads. 

Petition praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts— to the 
Committee on Finance. 

Mr. DANIEL presented the memorial of W. H. K. Pendleton 
and others, instructors and students of the Episcopal High School 
of Virginia, remonstrating against the removal ot the Southern 
Ute Indians from their present reservation in Colorado to Utah 
Territory; which was referred to the Committee on Indian 
Affairs. 

Mr. BERRY presented a petition of citizens of Johnson County, 
Ark., praying for the enactment of legislation regulating specu- 
lation in fictitious farm products; which was referred to the Com- 
mittee on the Judiciary. 

REPORTS OF COMMITTEES. 

Mr. HIGGINS, from the Committee on the District of Coluij^ 
bia, to whom was referred the bill (S. 1788) to incorporate the 
Church Orphanage Association of St. John's Parish, of Washing- 
ton, D. C, submitted an adverse report thereon; which was 
agreed to, and tlie bill was postponed indefinitely. 

Mr. McMillan. I am instructed by the Committee on the 
District of Columbia, to whom was referred the bill (H. R. 6286) 



to amend the charter of the Rock Creek Railroad Company, to re- 
port it without amendment, and to ask that it take the place on the 
Calendar of Order of Business 293, the bill (S. 1007) to amend the 
charter of the Rock Creek Railroad Company, which I ask to 
have indefinitely postponed. 

The VICE-PRESIDENT. The House bill will be placed on 
the Calendar as indicated, if there be no objection, and the Sen- 
ate bill will be indefinitely postponed. 

Mr. PERKINS. I am directed by the Committee on the Dis- 
trict of Columbia, to whom was i-eferred the bill (H. R. 5414) to 
amend an act entitled "An act to incorporate the National Union 
Insurance Company, of Washington," approved February 14, 
IS65, to report it without amendment, and to ask that it take the 
place on the Calendar of tlio bill (S. 2136) to amend an act enti- 
tled "An act to incorporate the National Union Insurance Com- 
pany, of Washington, ''approvedFebruary 14, 1865, rcportcdfrom 
the same committee, and that the Senate bill be indefinitely post- 
poned. 

The VICE-PRESIDENT. The House bill will be placed on 
the Calendar as Order of Business 457, if there be no objection, 
and the Senate bill will be indefinitely postponed. 

Mr. MANDERSON, from the Committee on Military Affairs, 
to whom was referred the bill (S. 2576) for the relief of C. L. Co- 
der, reported it without amendment, and submitted a report 
thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 299) granting an honorable discharge to Melancthon Borst, 
alias Joseph Morgan, submitted an adverse report thereon, ^ ^^ ^ ^Lll 
was agreed to. and the bill was postponed indefinitelj-. 

Mr. PROCTOR, from the Committee on Military Affairs, to 
whom was referred the bill (S. 12.30) amending the act of October 
1, 1890, entitled "An act to provide for the examination of cer- 
tain officers of the Army and to regulate promotions therein," 
reported it with an amendment, and submitted a report thereon. 

Mr. VEST, from the Committee on Commerce, to whom was 
referred the bill (H. R. 250) to authorize the construction of a 
bridge across the Missouri River at De Witt, Carroll County, 
Mo., and to establish it as a post^road, reported it with amend- 
ments. 

Mr. WOLCOTT, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (S. 2457) to provide for 
the erection of a building for a flower market in the city of Wash- 
ington, in the District of Columbia, reported it without amend- 
ment, and submitted a report thereon. 

Mr. PLATT, from the Committee on Territories, to whom the 
subject was referred, reported a joint resolution (S. R. 70) di- 
recting payment of the unexpended balance of an appropriation 
made for the payment of theexpensss of the constitutional con- 
vention of the State of Idaho; which was read twice by its title. 

HON. FRED T. DUBOIS. 

Mr. MITCHELL, from the Committee on Privileges and Elec- 
tions, reported the following resolution, and moved that it be re- 
ferred to the Committee on Appi-opriations; which was agreed to: 

Jicsolced, That there be allowed and paid toFREUT. DnBOis, Senator from 
the State of Idaho, ont of any moneys m the Treasury not otherwise appro- 
priated, the .sum of $2,000, in full coinpensation for h'ls expenses incurred In 
cotmection mth the contest inaugurated hy William H. Clagett, involving 
his right to a seat in the Senate as Senator from the State of Idaho. 

WILLIAM H. CLAGETT. 
Mr. MITCHELL, from the Committee on Privileges and Elec- 
tions, reported the following resolution, and moved that it be re- 
ferred to the Committee on Appropriations; which was agreed to: 
Resolved, That there be allowed and paid to Willi.am H. Clagett, out of any 
moneys in the Treastu'y not otherwise appropriated, the sum of IH.OOO, in fnll 
compensation for his time and expenses in prosectiting his claims to a seat 
in the Senate as Senator from the State of Idaho. 

BILLS INTRODUCED. 

Mr. PEPPER introduced a bill (S. 2810) to authorize the Sec- 
retary of the Treasury to exchange legal-tender Treasury notes, 
in excess of amount now in use, for all or any part of the interest- 
bearing debt of the United States; which was read twice by its 
title, and referred to the Committee on Finance. 

Mr. PELTON (by request) introduced a bill (S. 2S11) to enable 
the Secretary of Agriculture to promote the industry of raising 
and imgumming fiber from fibrous plants; which was read twice 
by its title, and referred to the Committee on Agriculture and 
Forestry. 
liMfiHSP'ON. I ask that the bill be not printed unless the 



committee may think it necessary. 

Mr. FAULIvNER (by request) introduced a bill (S. 2812) to 
provide for a change of grades and the opening of streets in that 
part of the District of Columbia lying outside of the city of 
Wnqhiniyijm jmnmlffl by Sixteenth street extended. Eighteenth 
street exwffilwl, Florida avenue, and Columbia road; which was 



2810 



CONGRESSIONAL RECOED— SENATE. 



April 1, 



read twice by its title, and referred to the Committee on tlie 
District of Columbia. 

Mr. BRICE (by request) introduced a bill (S. 2813) granting- an 
increase of pension to Lucy Ord Mason, widow of Lieut. JohnS. 
Mason, late of the United States Ariny; which was read twice 
by its title, and, with the accompanying papers, referred to the 
Committee on Pensions. 

He also introduced a bill (S. 2814) granting a pension to Rus- 
sel N. Reynolds; which was read twice by its title, and i-eferred 
to the Committee on Pensions. 

He also (by request) introduced a bill (S. 2815) for the relief of 
Capt. D. F. Callinan, United States Army; which was read twice 
by its title, and, with the accompanying papers, referred to the 
Committee onlNIilitary Affairs. 

Mr. PERKINS introduced a bill (S. 281C) for the relief of 
Capt. John T. Brue, lato of Tenth Independent Battery New- 
York Volunteers; which was read twice by its title, and referred 
to the Committee on Military Affairs. 

Mr. PROCTOR (by request) introduced a bUl (S. 2817) for the 
relief of Prof. Peter Collier; which was read twice by its title, 
and. with the accompanying papers, referred to the Committee 
on Claims. 

Mr. DANIEL introduced a bill (S. 2818) for the erection of a 
tower on the new public building in Norfolk, Va., for the use of 
the Weather Bureau; which was read twice by its title, and re- 
ferred to the Committee on Public Buildings and Grounds. 

Mr. PADDOCK introduced a bill (S. 2819) appropriating funds 
for investigations and tests of American timber; which was i-ead 
twice by its title, and referred to the Committee on Agriculture 
and Forestry. 

Mr. VOORHEES introduced a bill (S. 2820) to correct the mil- 
itary record of James Corridon, Fourth United Slates Infantry; 
which was read twice by its title, and referred to the Committee 
on Military Affairs. 

Mr. ALLEN introduced a bill (S. 2S21) to ratify and confirm 
agreement between the Puyallup Indians and the Northern Pa- 
cilic Railroad Company for right of way through the Puyallup 
Indian Reservation; which was read twice by its title, and re- 
ferrred to the Committee on Indian Affairs. 

Mr. DANIEL introduced a joint resolution (S. R. 69) declai-ing 
the true intent and meaning of the act of March 2, 1891, direct- 
ing the refunding of all moneys collected under the direct tax 
levied by act of Congress in the year 1861, and amendatory acts 
thereto; which was read twice by its title, and referred to the 
Committee on Finance. 

EMPLOYMENT OP PERSONS NOT CITIZENS. 

Mr. GALLINGER. On the llth day of December last I intro- 
duced a bill (S. 770) for the better protection of the public serv- 
ice; which, on mj' motion, was laid on the table. I now move 
that the bill be taken from the table and referred to the Commit- 
tee on Civil Service and Retrenchment. 

The motion was agreed to. 

THE FINANCIAL SYSTEM. 

The VICE-PRESIDENT. The Chair lays before the Senate a 
resolution coming over from a iwevious day. 

The Chief Clerk. Resolutions by Mr. Morgan directing 
the Committee on Finance to make examination and report to 
the Senate certain information in relation to currency and coin- 
age. 

The VICE-PRESIDENT. The resolutions will be read. 

Mr. MORGAN. I do not wish to call up those resolutions for 
action to-day. I prefer that they should go over until Mondav. 

The VICE-PRESIDENT. The resolutions will go over. 

MICHAEL O'BRIEN. 

The VICE-PRESIDENT. If there be no further morning busi- 
ness, the Calendar under Rule VIII is in order; and the first 
bill on the Calendar will be proceeded with. 

The bill (S. 639) granting an increase of pension to Michael 
O'Brien was announced as first in order; and the Senate, as in 
Committee of the Whole, proceeded to its consideration. It pro- 
poses to place on the pension rolls the nameof Michael O'Brien, 
lato major and brevet lieutenant-colonel of Sixth California Vol- 
unteer Infantry, at the rate of $50 per month in lieu of his pres- 
ent pension of $30 per month, he being totally incapacitated from 
performing any manual labor whatsoever. 

The billwas reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

THE PORT OF OGDENSBURG, N. Y. 

Mr. HISCOCK. I wish to ask consent to call up the bill (H. 
R. 610) extending the privileges of the fii'st and seventh sections 
of the act approved June 10, 18S0, governing the transportation 
of merchandise without appraisement, to the port of Ogdensburg, 



in the State of New York. The necessity for early action is that 
it is the opening of the spring business, and it is very necessary 
that the bill should be passed. 

The PRESIDING OFFICER (Mr. Faulkner in the chair). 
Is there objection to the present consideration of the bill? 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to a third readiug, read the third time, and passed. 

JOSEPH FRANCIS. 

Mr. HOAR. I ask unanimous consent of the Senate that Mr. 
Joseph Francis., who has received the thanks of Congress as the 
inventor of the Life-Saving Service, who is 91 3'ears old, and who 
marched in 1812 Avith a company to the defense of the seacoast, 
being then a lad of 12 years old, be admitted to the floor of the 
Senate. 

The PRESIDING OFFICER. Is there objection to the re- 
quest of the Senator from Massachusetts? The Chair hears none, 
and it is so ordered. 

ADJOURNMENT TO MONDAY. 

Mr. HARRIS. I move that when the Senate adjourns today 
it be to meet on l\Ionday next. 
The motion was agreed to. 

INDIAN APPROPRIATION BILL. 

Mr. DAWES. I move that the Senate proceed to the consid- 
eration of the Indian approju-iation bill. 

The motion was agreed to; and the Senate, as in Committee of 
the Whole, resumed the consideration of the bill (H. R. 5974) 
making appropriations for current and contingent expenses and 
fulfilling treaty stipulations with Indian tribes for fiscal year 
ending June 3U, 1S93. 

The PRESIDING OFFICER. The ponding question is on the 
amendment proposed by the Senator from South Dakota [Mr. 
PettigrewJ. 

Mr. MANDER30N. Let it bo read. 

The PRESIDING OFFICER. The amendment will be read. 

The Chief Clerk. In section I , page 5, it is moved to strike 
out lines 7 and 8 in the following words: 

At tlie Santee Agency, at Sl,200. 

And insert in lieu thereof: 

At the Sautee Agency the President Is autliorlzed to detail an army officer 
to take charge of said agency. 

Mr. M ANDERSON. Mr. President, if I supposed that this 
amendment was one that was moved in all candor and perfect 
good faith, I would feel like congratulating the Senator from 
South Dakota upon this evidence of generous and broad-minded 
statesmanship. It is evidence, if it is evidenceof anything per- 
fectly fair, that ho has become a convert to the views expressed 
by the House of Representatives in the bill that has come to the 
Senate, and in the views maintained by a majority of this body 
on a yea-and-nay vote. 

I feel, however, that I must be excused Lf I suggest that I be- 
lieve this is more in the nature of what might be called parlia- 
mentary condemnation of the action of a majority of this body 
than anything else. If I believed that the amendment was 
moved with a design to accomplish the purpose at which it is 
aimed, I should feel like going along with my brother from 
South Dakota and extending this very excellent remedy to all 
of the Indian agencies, and I would move to amend the amend- 
ment by providing that immediately, as soon as the machinery 
could be put in motion, all civilian Indian agents should give 
way, in the interest of a better g-overnment and in the interest 
of a better treatment of the Indians themselves, to armj' officers 
who might bo detailed to the performance of this duty. 

But having the views I have expressed, I do not feel like mov- 
ing that amendment, because both the amendment and this 
amendment would be contrary to the rules of the Senate. The 
Senator from Alabama [Mr. 'Morgan] day before yesterday, I 
think, raised the point of order as to the paragraph that was pro- 
posed to be stricken out by the Committee on Appropriations, 
and the Chair very properly, I think, ruled, and the almostunan- 
imous opinion of the Senate seemed to be, that it was not sub- 
ject to the point of order, because while it was legislation tipon 
an appropriation bill it was legislation which had been placed 
there by the House of Representatives, and coming in that form 
it could not Ise stricken from the bill on any point of order. 

But I submit that the pending amendment is certainly in the 
nature of legislation upon an a)jpropriation bill, and I therefore 
make the point of order against it. 

The PRESIDING OFFICER. The Chair is of opinion that 
the point of order made by the Senator from Nebraska is well 
taken. The Chair sustains the jjoint of order. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



2891 



■petition of David Balliugali and Gi other citizens, ot Pliiladel- 
phia, Pa.; the petition of Solomon B. Maclc and 113 other citi- 
zens of Pavia, Pa., and tlie petition of H. B. Pearce and 40 other 
'citizens, of Irvona,Pa., praj-ing for the passage o(,an amendment 
to the Constitution of the United States prohibiting the States 
from passing any law respecting an establishment of religion or 
making an appropriation of money for any sectarian purpose; 
which were referred to the Committee on the Judiciary. 

Mr. WILSON presented a petition of 202 citizens of West 
Branch, Iowa, praying that the World's Columbian Exposition 
be closed on Sunday; which was referred to tho Committee on 
th - Quarlro-Centennial (Select). 

Jlr. COLQUITT presented the petition of Dr. W. A. Candler, 
president, members of the faculty, and 260 students of Emory 
boUcge, Oxford, Georgia, praying for the closing of the World's 
Columbia;! Exposition on Sunday, the prohibition of tho sale of 
intoxicating liquors on the grounds, and the manag-ementof the 
art do])ai-lment according to the American standard of purity in 
art; v/hieh was referred to the Committee on the Quadro-Cen- 
tennial (Select). 

Mr. VEST presented the petition of L. C. Humphrey and other 
citizens of Cass County, Mo., praying for the passage of the Wo-sh- 
biun-Hatch antioption bills; which was referred to the Com- 
mittee on the Judiciary. 

Mr. COCKRELL presented a petition of the congregation of 
the First Presbyterian Church of Clinton, Mo., praying for the 
cli sing of the World's Columbian Exposition on Sunday and the 
prohibition of the sale of intoxicating liquors on the grounds; 
which was referred to the Committee on the Quadro-Contonnial 
(Select). 

Mr. SAWYER presented a petition of the faculty of Ripon 
College, Wisconsin, praying that tho World's Columbian Expo- 
sition be closed on Sunday, and that no intoxicating liquors be 
sold on the grounds; which was referred to tho Committee on the 
Quadro-Centennial (Select). 

He also i^resented a petition of citizens of Dunn County, Wis., 
praying for the passage of the Washburn-Hatch antioption bills; 
\vhieh was referred to tho Committee on tho Judiciary. 

Mr. M ANDERSON presented a memorial of citizens of Scotia, 
Nebr. , remonstrating against the passage of a general bankruptcy 
law; which was referred to the Committee on the Judiciary. 

Ho also presenteda petition of citizensof Arnold, Nebr., and a 
petition of citizensof Kearney, Nebr., praying for an amendment 
to the Constitution ot the United States, prohibiting any legis- 
lation by the States respecting an establishment of religion or 
making an appropriation of money for any sectarian purpose; 
which were referred to the Committee on the Judiciary. 

Mr. HARRIS presented the petition of T. D. Wilson and other 
citizens of Madisonville, Tenn., praying for the passage of an 
amendment to the Constitution of the United States prohibiting 
any legislation by the States respecting an establishment of I'o- 
ligion or making an appropriation of money for any sectarian 
purpose; which was referred to the Committee on the Judiciary. 

Mr. COKE presented a petition of citizens of IMason County, 
Tex., praying for the passage of the Washburne-Hatch antiop- 
tion bills: which was referred to the Committee on the Judiciary. 

He also presented a petition of citizens of San Antonio, Tex., 
praying for the passage of an amendment to the Constitution of 
the United States prohibiting any legislation by the States re- 
specting an establishment of religion or making an appropria- 
tion of money for any sectarian purpose; which was referred to the 
Committee on the Judiciary. 

Mr. BLACKBURN presented a memorial of sundry citizens 
of Kentucky, remonstrating against the passage of a general 
bankruptcy law; which was referred to the Committee on the 
Judiciary. 

He also presented a petition of the Legislature of Kentucky, 
praying that the franking privilege be extended to the commis- 
sioners of agriculture of tho several States; which was referred 
to the Committee on Agriculture and Foi'estry. 

ENROLLED BILLS SIGNED. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the Speaker ot the 
House had signed the following enrolled bills and joint resolu- 
tion; -and they were thereupon signed by tho Vice-President: 

A bill (S. 808) establishing a port of delivery at Des Moines, 
Iowa; 

A bill (S. 2.315) to protect foreign exhibitors at tho World's 
Columbian Exposition from prosecution for exhibiting wares pro- 
tected by American patents and trade-marks; 

A bill (S. 2643) changing the time for holding the circuit and 
district courts in the district of West Virginia: 

A bill (H. R. 3867) to amend the act concerning ofRcers of the 
National Home for Disabled Volunteer Soldiers, and for other 
purposes; and 



A joint resolution (H. Res. 115) amending the "Joint resolu- 
tion to regulate licenses to proprietors of theaters in the city of 
Washington, D. C, and for othei- purposes," approved February 
26, 1892. 

REPORTS OF COMRUTTEES. 

Mr. MCMILLAN, from the Committee on tho District of Co- 
lumbia, to whom were referred the following bills, reported 
them each with amendments, submitted reports thereon, and 
moved their reference to the Committee on Appropriations; 
which was agreed to: 

A bill (S. 2733) to provide for tho rebuilding of the bridge^ 
across Rock Creek at P street NW., in the District of Columbia;' 
and 

A bill IS. 2734) to provide for the rebuilding of tho bridg^g- 
across Rook Creek at K street NW., in the District of Columbia. 

Mr. MCMILLAN, from the Committee on tho District of Co- 
lumbia, reported an amendment intended to be proposed to tigj;_ 
District ajjpropriation bill; which was referred to tho CommTT^ 
tec on Apprdpi-iatious, and ordered to bo printed. 

Mr. DOLPH. from the Committee on Public Lands, to whom 
were referred the following bills, reported them each without 
amendment; 

A bill (S. 75) granting to the State of North Dakota cert.ain 
lands heretofore set apart as a wood reservation for Port Tot- 
ten military reservation, for the use of the militia of North 
Dakota, and for other puri)oses; and 

A bill (S. 2221) for tho relief of Mary J. Neenan. 

Mr. ALLISON. I am directed by tho Committee on Appro- 
priations, to whom was referred the" bill (H. R. 6746) to provide 
for the expenses of the government of the District of Columbia 
for the fiscal year ending June 30, 1893, and for other purposes, 
to report it with amendments. I submit with the bill a written 
report, which I ask may te printed; and in this connection I do- 
sire to give notice that to-morrow morning I shall ask the Sen- 
ate to proceed to the consideration of the bill. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar. 

Mr. HOAR, from the Committee on the Judiciary, to whom 
was referred the bill (S. 396) confirming titles to certain lands in 
Columbia County, State of Florida, asked to be discharged from 
its further consideration and that it be referred to the Commit- 
tee on Public Lands: which was agreed to. 

He also, from the Committee on the Judiciary, to whom was 
referred the bill (S. 1615) to facilitate tho disposition of causes 
in the Court of Claims, reparted it with amendments. 

Mr. HOAR. I desire an order of the Senate. I move that a 
letter of the Attorney-General relating to the subject of Senate 
bill 1015, which I will send to the desk, be printed as adocument 
tor the use of tho Senate. 

The motion was agreed to. 

Mr. TELLER. I am directed by the Committee on the Judi- 
ciary, to whom was referred the bill (S. 1958) to submit to the 
Court of Claims the title of William JiIcGarrahan to the Rancho 
Panoche Grande, in the State of California, and for other pur- 
poses, to report it with amendments, favoi-ably. 

Mr. HOAR. I desire to state that I was absent from the sit- 
tings ot the committee during most of the time when that bill 
was before it, and that since I have been able to attend I have 
been unable to give the subject tho very extensive investigation 
which it requires. I therefore do not concur with the report at 
pi-esent, and reserve the right either to concur with it or to oj)- 
poso it as I shall determine after examining the subject. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar. 

Mr. HARRIS, from the Committee on the District of Colum- 
bia, to whom was referred the bill (S. 2611) to authorize the Glen 
Echo Railroad Company to cross the Washington Aqueduct, re- 
ported it with an amendment, and submitted a report thereon. 

Mr. WALTHALL, from the Committee on Public Lands, to 
whom was referred the bill (S. 855) providingfor the extension of 
the coal laws of the United States to the District of Alaska, sub- 
mitted an adverse report thereon; which was agreed to, and the 
bill was jjostponed indefinitely. 

Mr. CjhANDLER, from the Committee on Naval Affairs, to 
whom was referred tho bill (S. 1772) for the construction of a 
wooden dry-dock at the United States navy-yard at Portsmouth, 
N. H., reported it with amendments, and submitted a rei)ort 
thereon. 

BILLS INTRODUCED. 

Mr. DAWES introduced a bill (S. 2822) to prescribe the man- 
ner in which individual Indian and tribal lands in the Puyallup 
Reservation in Washington may b3 alienated; which was read 
twice by its title, and referred to the Committee on Indian 
Att'airs. 

Mr. PETTIGREW introduced a bill (S. 2823) for the relief of 



2892 



CONGRESSIONAL RECORD— SENATE. 



Apeil 4, 



Mary Almarolia; which was read twice by its title, and referred 
to the Committee on the District of Cohimbia. 

Mr. COLQUITT (by request) introduced a bill {S. 2824) regu- 
lating rates of postage on second-class mail matter at letter-car- 
rier offices; which was read twice by its title, and referred to 
the Committee on Post-Offices and Post-Roads. 

He also (by request) introduced a bill (S. 2825) to amend the 
postal laws so as to prevent certain classes of books from being- 
transmitted through the mails as second-class matter; which was 
read twice by its "title, and referred to the Committee on Post- 
Offices and Post-Roads. 

Mr. CARLISLE introduced a bill (S. 2826) to restore to Simp- 
son County court, Kentucky, a certain amountof money illegally 
collected as an income tax; which was read twice by its title, 
and referred to the Committee on Finance. 

Mr. SANDERS introduced a bill (S. 2827) providing for the 
expenses of a commission to negotiate with the Crow Indians as 
to certain lands; which was read twice by its title, and referred 
to the Committee on Indian Affairs. 

Mr. WALTHALL introduced a bill (S. 2828) for the relief of L. 
M. Garrett; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Post-Officj.s 
and Post-Roads. 

Mr. H ANSBROUGH introduced a bill (S. 2829) granting to the 
State of North Dakota certain portions of the abandoned Fort 
Abraham Lincoln military reservation, together with the build- 
ings thereon; which was read twice by its title, and referred to 
the Committee on Public Lands. 

Mr. GEORGE introduced a bill (S. 2830) to repeal section 714 
of the Revised Statutes, allowing pensions to judges in certain 
cases; which was read twice by its title and referred to the Com- 
mittee on the Judiciary. 

Mr. PROCTOR introduced a bill (S. 2831) to promote the effi- 
ciency of the militia; which was read twice by its title, and re- 
ferred to the Committee on INIilitary Affairs. 

Mr. TELLER introduced a bill (S. 2832) for the relief of Wil- 
liam P.Hogarty; which was read twice by its title, and referred 
to the Committee on Military Affairs. 

Mr. DOLPH introduced a bill (S. 2833) granting a pension to 
Wilson Rittenhou^c; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

He also introduced a bill (S. 2834) to amend section 2893 of the 
Revised Statutes of the United States, and for other purposes; 
which was read twice by its title, and referred to the Committee 
on Post-Offices and Post-Roads. 

Mr. CAMERON introduced a bill (S. 2835) to correct the mili- 
tary record of Thomas Amey; which was read twice by its title, 
and referred to the Committee on Military Affairs. 

Mr. QUAY introduced a bill (S. 2836) for the relief of Hannah 
B. Crosman, executrix; which was read twice by its title, and re- 
ferred to the Committee on Claims. 

Mr. COCKRELL. I desire to introduce a bill granting a pen- 
sion to James M. Ray. The bill is accompanied by the affidavits 
of J. A. Devinney, William EUedge, and Dr. T. B. Owings, and 
I move that it be referred to the Committee on Pensions. 

The bill (S. 2837) granting a pension to James M. Ray was 
read twice by its title, and referred to the Committee on Pen- 
sions. 

Mr. VOORHEES introduced a bill (S. 2838) for the relief of 
the legal representatives of Henry Wingate, deceased; which 
was read twice by its title, and referred to the Committee on 
Claims. 

Mr. HISCOCK introduced a joint resolution (S. R. 71) author- 
izing the Secretary of War to loan certain guns to the Renssa- 
laerCounty Soldiers and Sailors' Monument Association, of Troy, 
N. Y.; which was read twice by its title, and referred to the 
Committee on Military Affairs. 

AMENDMENT TO A BILL. 

Mr. PERKINS submitted an amendment intended to be pro- 
posed by him to the District of Columbia appropriation bill ; which 
was referred to the Committee on Appropriations, and ordered 
to be printed. 

MISSISSIPPI RIVER BRIDGE AT MEMPHIS. 

Mr. BERRY. I submit a resolution, which I ask to have read, 
printed, and lie over until to-morrow. 
The resolution was read, as follows: 

llesoleeil. That the Secretary of War be directea to inform the Senate 
whether or not the Kansas Citv and Memphis Railway and Bridge Company, 
authorized I'y ait of Congress approved April 24, 1888, to construct a bridge 
across the Mississippi River at Memphis, Tenn.. have complied with that por- 
tion of said act which reciniied such company to provide for a passageway 
for wagons and vehicles of all lands and for the transit of animals. 

The VICE-PRESIDENT. The resolution will lie over until 
to-morrow. 



NATIONAL SANITARIUM. 

Mr. GALLINGER. I desire to give notice that on Monday 
next, at the close of the morning business, I shall ask the per- 
mission of the Senate to brierty address it on the joint resolution 
(S. R. 67) providing for the appointment of a commission to se- 
lect a site for the establishment of a national sanitarium for the 
treatment of pulmonary diseases — not to interfere with the ap- 
propriation bills. 

PRESIDENTIAL APPROVAL. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of his secretaries, announced that the President 
had on the 1st instant approved and signed the act (S. 444) grant- 
ing to the State of South Dakota section numbered 36, in town- 
ship numbered 94 north, of range numbered 56 west, in the county 
of Yankton, in said State, for the purpose of an asylum for the 
insane, to correct an act approved June 16, 1880, attempting to 
make such grant to the Territory of Dakota, and for other pur- 
poses. 

THE FINANCIAL SYSTEM. 

Mr. SHERMAN. As the Calendar is now in order, I desire 
to ask the Senate to consider a bill in which tlie farmers are 
largely interested. It is Senate bill 797, reported from the Com- 
mittee on Agriculture and Forestry. 

Mr. DAWES. I move that the Senate proceed to the consid- 
eration of the Indian appropriation bill. 

The VICE-PRESIDENT. Before taking up that order 

Mr. SHERMAN. I ask the Senator from Massachusetts to let 
m3 get this bill through. If it takes any time I will not stand 
in the way of the appropriation bill. 

The VICE-PRESIDENT. It is proper for the Chair first to 
lay before the Senate resolutions coming over from a previous 
day, which were submitted by the Senator from Alabama [Mr. 
Morgan]. The resolutions will be stated. 

The Chief Clerk. Re.-iolutions by Mr. Morgan, directing 
the Committee on Finance to make examination and report to 
the Senate certain information in relation to currency and coin- 
age. 

Mr. WOLCOTT. I desire to give notice that at the close of 
the routine morning business on Wednesday I shall desire to ad- 
dress the Senate on the pending resolutions offered by the Sen- 
ator from Alabama relative to the silver question. 

Mr. SHERMAN. Will the Senator from Alabama yield to 
me? 

The VICE-PRESIDENT. Does the Senator from Alabama 
yield to the Senator from Ohio? 

Mr. MORGAN. For what purpose? 

Mr. SHERMAN. I wish to have a bill passed to which I think 
there will be no objection and in regard to which there is some 
urgency. It will take but a moment. 

The VICE-PRESIDENT. The title of the bill will be stated. 

The Chief Clerk. A bill (S. 797) to provide for fixing a uni- 
form standard of classification and grading of wheat, corn, oats, 
barley, and rye, and for other purposes. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the bill? 

Mr. MORGAN. That is a subject that must take up some time. 

Mr. SHERMAN. I do not think there will be a single objec- 
tion to the bill. 

Mr. COCKRELL. Let it be read for information and then we 
can tell. 

Mr. MORGAN. If I can get the consent of the Senate to an 
understanding that at the close of the routine business to-mor- 
row morning I can call up these resolutions, upon which I pro- 
pose to submit some remarks, I will not get in the way of Senators 
this morning, particularly of the chairman of the Committee on 
Indian Affairs, who wants to close the Indian appropriation bill, 
and which ought to be closed, of course. I ask the unanimous 
consent of the Senate that I may call up my resolutions to-mor- 
row at the close of the routine morning business, and then that 

1 shall be permitted to address the Senate upon tl:em. 

The VICE-PRESIDENT. Is there objection to the request 
made by the Senator from Alabama? 

Mr. SHERMAN. I wish to make a qualification. I wish the 
Senate itself to understand the nature of this request. Under 
the rules, when a resolution goes over, the Senator introdrcing it 
has a riglit to call it up and to address the Senate upon it, but 
when it is interrupted by the expiration of the morning hour at 

2 o'clock, it goes on the Calendar, and it can then be taken up 
only on motion. That is the rule, and if the Senator asks that 
by unanimous consent these resolutions shall stand in the way of 
all the morning business just so long as anybody desires to speak 
upon the prolilic topic of the silver question I most respectfully 
object. But if he simply 

Mr. MORGAN. I most respectfully object to the Senator 
taking me off the floor to bring up a bill 



1892. 



CONGEESSIONAL KECORD— SENATE. 



2945 



Mr. SHERMAN, from the Committee on Finance, to whom 
were referred the following bills, reported adversely thereon, 
and the bills were postponed indefinitely: 

A bill (S. 222G) to prohibit national banks from receiving or 
paying interest on deposits made by national banks; and 

A bill (S. 1589) to repeal section 3G99 of the Revised Statutes 
which empowers the Secretary of the Treasury to anticipate in- 
terest upon the public debt. 

Mr. SHERMAN, from the Committee on Finance, to whom 
was referred the resolution submitted by Mr. GEORGE on the 
11th of February, 1892, instructing the Committee on Finance 
to report a bill requiring the issuing and keeping in circulation 
of legal- tender Treasury notes, reported adversely thereon, and 
the resolution was postponed indefinitely. 

Mr. DAVIS, from the Committee on Pensions, to whom were 
referred the following bills, reported them severally without 
amendment, and submitted reports thereon: 

A bill (H. R. 1078) to pension Jane Allen; and 

A bill (S. 1254) granting a pension to Anson Northrup. 

Mr. DAVIS, from the Committee on Pensions, to whom were 
referred the following bills, submitted adverse reports thereon, 
which were agreed to, and the bills were postponed indefinitely: 

A bill (S. 1255) granting a pension to Catherine Creed; and 

A bill (S. 1258) granting a pension to George W. Brant. 

Mr. McMillan, from the Committee on Post-Offices and 
Post-Roads, to whom was referred the bill (S. 2601) to reclassify 
and prescribe the salaries of railway postal clerks, reported i^ 
without amendment, and submitted a report thereon. "^ 

Mr. PADDOCK, from the Committee on Pensions, to whom 
were referred the following bills, submitted adverse reports 
thereon; which were agreed to, and the bills were postponed in- 
definitely: 

A bill (S. 1671) granting an increase of pension to Everard 
Bierer; and 

A bill (S. 1472) granting a pension to Mrs. Sarah Schafer. 

He also, from the same committee, to whom was referred the 
bill (S. 1186) granting a pension to Joseph H. Welty, reported it 
without amendments, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 1008) granting a pension to Abasha Risk, reported it 
with an amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 1536) to increase the pension of Leroy Root, reported it 
without amendment, and submitted a report thereon. 

]\Ir. G ALLINGER, from the Committee on Pensions, to whom 
was referred the bill (H. R. 1528) to pension Samuel O. Fisher, 
of Lynn, Mass., reported it without amendment, and submitted 
a report thereon. 

Mr. CAREY, from the Committee on Public Lands, to whom 
the subject was referred, submitted a report accompanied by a 
bill (S. 2839) for the relief of the inhabitants of the town of El 
Reno, Okla.; which was read twice by its title. 

He also, from the s:ime committee, to whom was referred the 
bill (S. 1452) for the relief of the occupants of the town site of El 
Reno and to confirm the entry made by J. A. Foreman for the 
lands covered thereby, and for other purposes, reported adversely 
thereon, and the bill was postponed indefinitely. 

Mr. SAWYER, from the Committee on Pensions, to whom was 
referred the bill (S. 1573) granting a pension to Kate A. S. Con- 
nor, submitted an adverse report thereon, which was agreed to, 
and the bill was postponed indefinitely. 

Mr. SHOUP, from the Committee on Pensions, to whom was 
referred the bill (S. 1691) granting a pension to Josephine Q. 
Ofiley, reported it with an amendment, and submitted a report 
thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 231) granting arrears of pensions to P. Q. Healy, submit- 
ted an adverse report thereon; which was agreed to, and the bill 
was postponed indefinitely. 

JOHN A. DEAN. 

Mr. TURPIE. I am directed by the Committee on Pensions, 
to whom was referred the bill (S. 2006) granting a pension to John 
A. Dean, to report it favorably, without amendment. 

Mr. PASCO. I ask that that bill be taken up for immediate 
consideration. It is a very meritorious bill. The party in whose 
behalf the pension is proposed to be granted is a very old man. 

The VICE-PRESIDENT. The bill will be read for informa- 
tion. 

Mr. DAWES. I hope the Senator from Florida will not insist 
upon the consideration of the bill at this time. 

Mr. PASCO. It will not take a moment. If it takes any time 
I shall not insist upon it. 

The Chief Clerk read the bill as follows: 

Be it enacted, etc., That the Secretary of the Interior be, and he Is hereby, 
authorized and directed to place on thepension roll, subject to the provisions 
and limitations of the pension laws, the name of John A. Dean, a private in 



Capt. Ledwith's company, Florida Mounted Militia, of the Seminole Indian 
wars of Florida, during the years A. D. 1839 aud ISIO, and in the later Indi,an 
wars in that State. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the bill? 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
aud passed. 

REPORTS OF BUREAU OF ANIMAL INDUSTRY. 

Mr. MANDERSON. I am instructed by the Committee on 
Printing, to whom was referred the joint resolution (S. R. 56) 
providing for the printing of the eighth and ninth annual re])orts 
of the Bureau of Animal Industry, for the years 1891 and 1892, 
to report it with certain amendments, that I will state to the 
Secretary. I ask for the present consideration of the joint res- 
olution. 

Mr. COCKRELL. Let it be read for information. 
The Chief Clerk read the joint resolution, and, there beingno 
objection, the Senate, as in Committee of the Whole, proceeded 
to its consideration. 

Mr. MANDERSON. I move to fill the blanks in the first sec- 
tion by inserting in line 6, '• thirteen " before •' thousand," and 
in line 7 " twenty-seven" before "thousand;" so as to make the sec- 
tion read: 

That UMifti^'prlnf ed Sfl.OOO copies of the eighth and ninth annual reports 
-rrmrrlfliHHtf Anlmal industry for the years 1891 and 189!.', of which 13,000 
copies shall be for the use of members of the Senate, 27,000 copies for the use 
of members of the House, aud 10,000 copies for the use of the Se(^retary of 
Afn'iculture; the illustrations to be executed under the supervision of the 
Public Printer, in accordance with the directions of the Joint Committee on 
Printing, the same to be subject to the approval o( the Secretary of Agricul- 
ture. 

Mr. COCKRELL. Why make a variance of only a thousand ? 
Why not put it at 26,000 "for the House of Representatives and 
preserve the usual proportion? 

Mr. MANDERSON. This was fixed for the reason that it 
leaves 10,000 for the use of the Secretary of Agriculture. The 
Senator from Missouri will remembj!' that when the general 
printing bill was under consideration the Sc:nate changed the 
number of this report to be printed to this exact number. 
Mr. COCKRELL. This, then, corresponds with that bill ? 
Mr. MANDERSON. It simply conforms to that bill ? 
Mr. COCKRELL. Very well. 
The amendment was agreed to. 

Mr. MANDERSON. I move to strike out the second section 
of the joint resolution. 

The Chief Clerk. It is proposed to strike out the second 
section, in the foUov/ing words: 

Sec. 3. That the sum of $ , or so much thereof as may be necessary, is 

hereby appropriated, out of any "money in the Treasury not otherwisb ap- 
propriated, to defray the cost of printing and binding said reports, the two 
reports to be bound in one volume. 

Mr. MANDERSON. I do this so that the form may be changed 
from a joint to a concurrent resolution. The provision of the 
general statutes requires that printing for Congress shall ba 
done by concurrent resolution. Congress has frequently departed 
from this rule where the measure wasself-a]:)propriating. Then 
of course it must assume the form of a joint resolution; but the 
committee have thought it best (and after consultation with the 
chairman of the Committee on Appropriations I fiiidthat he 
agrees with the committee in that view) that the printing of 
Congress had better be done by concurrent resolution, perhaps 
with the exception of the printing of the report of the Commis- 
sioner of Agriculture, which always involves a large amount of 
money, because we print more than half a million copies of that 
report, and that the appropriiition had batter be ma:le for all 
the printing in the general appr<ipriation bill. For that reason 
I propose to change the form of this resolution. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment striking out the second section. 
The amendment was agreed to. 

Mr. PADDOCK. I simply desire to ask my colleague if any 
reduction in tlie report as to the number was made by the com- 
mittee. 

Mr. MANDERSON. None whatever. We propose the print- 
ing of 50,000 co])ies by the distribution that is made. 

I move that the form of the resolution be changed from a joint 
to a concurrent resolution by striking out the resolving clause 
and putting in the proper words at the beginning of the resolu- 
tion. 

The VICE-PRESIDENT. The (luestion is on the amendment 
of the Senator from Nebraska, to strike out the words "Resolved 
b)ithe Senate and House of Representatives of tlie United States 
of Amenca in Congress assembled'' and inserting " Jiesolvcd by 
the Senate (the House of liepresentativcsconcurrin'j).'' 
The amendment was agreed to. 



XXIU- 



-185 



2946 



CONGRESSIONAL RECORD— SENATE. 



Apeil 5, 



The VICE-PRESIDENT. The question is on agreeing- to the 
concurrent resolution. 
The concurrent resolution was agreed to. 

ETHNOLOGICAL REPORT.S. 

Mr. M ANDERSON. I am directed by the Committee on Print- 
ing to report back favorably with amendments the concurrent 
resolution for printing the eleventh and twelfth annual reports 
of the Director of the Bureau of Ethnology, and I ask for the 
present consideration of the resolution. 

The Senate, by unanimous consent, proceeded to consider the 
concurrent resolution, which was road, as follows: 

Resolved by the Senate {the House of Representatives concurring). That there 
be printed ut the Government Printing Office l^.-WO copies each of the elev- 
enth and twelfth annual report.s of the Director of the Bureau of Ethnology, 
with accompanying papers and illtistrations, and uniform with the preced- 
ing volumes of 'the series, of which 3,500 shall be for the use of the Senate, 
V.OOO for the use of the House of Representatives, and 5,000 for distribution 
by the Bureau of Ethnology. 

Mr. MANDERSON. I move to amend the resolution first by 
striking out, in line 3, after the word " Office," " 1.5, -500" and in- 
serting "8,000." The question on all the amendments might as 
well be taken in gross. I send the amendments that I propose 
to the desk. 

The VICE-PRESIDENT. The amendments will bo stated. 

The Chief Cleriv. In lino 3, strike out the w(jHliJiiPto£iL 



thousand live hundred" and insert " 8,000;" in line' 0, strike out 
" 3,500" and insert "1,000; " in line 7, after the word " Senate," 
strike out "7,000 "and insert "2,000;" so as to make the concur- 
rent resolution read: 

Resolved by the Senate (the House of Representatives concurring). That there 
be printed at the Government Printing OJflce 3.000 copies each of the elev- 
enth and twelfth annual reports of the Director of the Bureau ot Ethnology, 
with accompanying papers and illustrations, and uniform with the preced- 
ing volumes of the series, ot which 1,000 .shall be for the use of the Senate, 
2,000 tor the use of the House of Representatives, and 5,000 for distribution 
by the Bureau of Ethnology. 

Mr. MANDERSON. These amendments make the concurrent 
resolution conform to the public-printing bill that has passed 
the Senate. 

The amendments were agreed to. 

Mr. COCKRELL. Was the number of those ethnological re- 
ports cut down to 1,000 for the Senate in the public-printing bill? 

Mr. MANDERSON. Yes; that was the ])rovision of the gen- 
eral bill, 1,000 for the Senate, 2,000 for the House, and 5,000 for 
the Bureau ot Ethnology. 

The concurrent resolution as amended was agreed to. 

TARIFF COMPILATION. 

Mr. COCKRELL. Before we leave the question of printing I 
should like to inquire of the Senator from Nebraska whether any 
order has been made for printing the tariff compilation of 1891. 
That was the report of the Senate Committee on Finance. It is 
a very valuable document, and it ought to be printed. I sup- 
posed it had been ordered printed imtil I inquired this morning 
and found it had not been printed. 

Mr. MANDERSON. My recollection is that such a concurrent 
resolution has passed the Senate. I am not positive that it has 

Eassed the House of Representatives. I will look the matter up, 
owover. 
Mr. COCKRELL. It ought to have been jirintod long ago. 

MESSAGE PROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, annotmced that the House had agreed 
to the concurrent resolution of the Senate to print the eulogies 
delivered in Congress on the late Hon. Preston B. Plumb. 

The message also announced that the House had passed the 
bill (S. 20.56) to repeal the provisions of an act entitled "An act 
to amend sections 4488 and 4-189 of the Revised Statutes, requir- 
ing life-saving appliances on steamers," approved March 2, 1889, 
so far as they relate to steamers plying exclusively upon any of 
the lakes, bays, or sounds of the United States. 

The message further announced that the House had passed a 
bill (H. R. C185) to absolutely prohibit the coming of Chinese 
persons into the United States, in which it requested the con- 
currence of the Senate. 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House 
had signed the following enrolled bill and joint resolution, and 
they were thereupon signed by the Vice-President: 

A bill (H. R. CIO) extending the privileges of the first and sev- 
enth sections of the act approved June 10, 1880, governing the 
transportation of merchandise without appraisement to the port 
of Ogdensburg, in the State of New York; and 

A joint resolution (H. Res. 92) to encourage the establishment 
and endowment of institutions of learning at the national capital, 
by defining the policy ot the Government with reference to the 
use of its library and'scientific collections by students. 



BILLS INTRODUCED. 

Mr. MCPHERSON introduced a bill (S. 2840) to confer appoint- 
ments upon the enlisted men of the Navy; which was road twice 
bv its title, and referred to the Committee on Naval Affairs. 

Mr. COCKRELL (by request) introduced a bill (S. 2841) for the 
relief of Henry C. Rose; which was read twice by its title, and 
referred to the Committee on Pensions. 

Mr. BUTLER introduced a bill (S. 2842) to reappoint Warren 
C. Beach as a captain in the Army and to place him on the re- 
tired list in addition to the number now authorized; which was 
read twice by its title, and referred to the Committee on Mili- 
tary Affairs. 

Mr. CAREY (by request) introduced a bill (S. 2843) creating 
a commission to inquire into and report upon the material, in- 
dustrial, and mental progress of the colored race in the United 
States of America since the year 1805. and making appropria- 
tion for the same; which was read twice by its title, and re- 
ferred to the Committee on Education and Labor. 

Mr. SHERMAN introduced a bill (S. 2844) for the relief of 
John Eckert; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Military Af- 
fairs. 

Mr. MCMILLAN introduced a bill (S.2845) regulating the sale 
of distilled and fermented liquors in the District of Columbia; 
l^iich was read twice by its title, and referred to the Committee 
on the District of Columbia. 

Mr. PADDOCK introduced a bill (S. 2846) granting a pension 
to Granville R. Turner; which was read twice by its title, and 
referred to the Committee on Pensions. 

Mr. PERKINS introduced a bill (S. 2847) granting an increase 
of pension to Sarah Clorson; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Pensions. 

He also introduced a bill (S. 2848) granting an increase of pen- 
sion to William A. Hoeg; which was read twice by its title, and 
referred to the Committee on Pensions. 

He also introduced a bill (S. 2849) granting an increase of pen- 
sion to John A. Miller; which was read twice by its title, and 
referred to the Committee on Pensions. 

Mr. ALLISON introduced a bUl (S. 2850) exempting from tax- 
ation the Hous4 of the Good Shepherd of the city of Washing- 
ton, and providing for the cancellation ot assessments or taxes 
heretofore levied against the said corporation; which was read 
twice by its title, and referred to the Committee on the District 
of Columbia. 

Mr. COKE (by request) introduced a bill (S. 2851) granting an 
increase of pension to Eli Moore Boggs; which was read twice 
by its title, and, with the accompanying jjapers, referred to the 
Committee on Pensions. 

Mr. MANDERSON (by request) introduced a bill (S. 2852) to 
change the name of the Capitol, North O Street, and South 
Washington Railway Company, and for other purposes; which 
was read twice by its title, and referred to the Committee on the 
District of Columbia. 

AMENDMENT TO A BILL. 

Mr. WARREN submitted an amendment intended to be pro- 
posed by him to the agricultural appropriation bill; which was 
referred to the Committee on Agriculture and Forestry, and or- 
dered to be printed. 

COMMITTEE SER^^CE. 

Mr. COCKRELL. I ask unanimous consent that the Chair 
may fill the vacancies upon the Committees on Coast Defenses, 
Mines and Mining, Patents, and Post-Oflices and Post-Road.~, 
made vacant by the retirement of Senator Chilton, of Texas. 

The VICE-PRESIDENT. Is there objection? The Chair 
hears none; and the Chair appoints the Senator from Texas [Mr. 
Mills] upon the Committees on Coast Defenses, Mines and Min- 
ing, Patents, and Post-Offices and Post- Roads. 

MISSISSIPPI RIVIiR bridge AT MEMPHIS. 

The VICE-PRESIDENT. The Chair htys before the Senate a 
resolution coming over from a previous day; which will be read. 

The Chief Clerk read the resolution submitted yesterday by 
Mr. Berry, as follows: 

Resolved, That the Secretary of War be directed to Inform the Sena' 
whether or not the Kansas City and Memphis Railway and Bridge Compan 
authorized by act of Congress approved April 34, 1S88, to construct a bridi'i- 
across the Mississippi River at Memphis, Tenu.. have complied with that por- 
tion of said act which required such company to provide for a passageway 
for wagons and vehicles of all kinds and for the transit of animals. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolution. 

Mr. BERRY. Mr. President, when the bill was before the 
Senate four years ago to authorize the Kansas City and Memphis 
Railway Company to build abridge across the Mississippi River 
at Memphis, the bill as it came from the committee left it at the 
option of the company to provide a wagon-way for vehicles or 
not, as they saw proper. I offered an amendment at the time 



1892. 



CONGRESSIONAL RECORD— SENATE. 



2985 



have heard much talk of " the Silver Baron." He must be a rare 
bird. We have never heard of him where silver is found. And 
we are told of the cheap cost at which the white metal is pro- 
duced. 

I wish, sir, that you could know something of the toil and the 
failures that accompany its finding. The canons and valleys of 
Colorado are full of the discarded processes for the extraction of 
the metals from the rock, which proved unsuccessful. They 
stand deserted and decaying, with only ruin and their tall chim- 
neys to tell the story of the investments that failed. The moun- 
tain sides are dotted and covered from one end of the State to 
the other with prospect holes and shafts and tunnels and work- 
ings, now filled with water, caved in, and abandoned, and in 
them all are buried hopes and fortunes. There is no dollar of 
coin produced that has not cost in the sum of the labor which 
supplied it, far more than the value it represents. The search is 
fraught with excitement] and buoyed by hope and courage, and 
success sometimes means fortune, but for one success there are 
dozens of failures. No, Mr. President, the silver that we seek 
to add to the wealth and credit of the nation, is represented to 
its full value in toil and industry, and the men who dig for it 
have discovered no royal road to wealth. 

It is difficult to anticipate what the voters of Colorado will do 
in November. Unless I am greatly mistaken they will first en- 
deavor, with the limited influence at their command, for the 
State is not large in population, to secure at the national con- 
ventions the nomination of candidates who would feel bound to 
give to the expression of the will of the two Houses of Congress 
on this great question, the sanction of law. Failing in this they 
will seek some other honorable solution of the difficulty. 

The people of Colorado are intelligent, thoughtful, and inde- 
pendent. They have been the architects of their own fortunes, 
and they are devoted to the interests of the Commonwealth which 
they have founded and developed and made prosperous. Her 
citizens claim the privilege of liberty of thought and freedom of 
action, and they concede the same right in those who stand for 
them here. And I may add that their Representatives in this 
body would cease to value their high office as worth a moment's 
holding if this full fi-eedom were not accorded them. 

Mr. President, so marvelous and so extensive has been the 
growth of our country during the past century that it may even 
now be said of us as a nation, as was said a hundred and twenty 
years ago, that we "are a people still in the gristle, and not yet 
hardened into the bone of manhood." Vast areas have been re- 
claimed from savagery, the boundaries of the Union have been 
widened, and States have come into being that a generation ago 
were an uninhabited wilderness. This process of moulding is still 
active; new industries, new sources of v/ealth, and new settle- 
ments are everywhere springing into life and activity. With 
them come greater demands for such wise and careful legislation 
asshall enable this widely scattered population, engaged in vari- 
ous pursuits, to yet coalesce with each other, and to conduce by 
their individual efforts to the prosperity of all. There was never 
a time when a broadened, a humane, and unsectional view was 
so demanded. Sin and poverty and suffering will, no doubt, al- 
waj's abound, but & wise and generous economical policy can do 
much for the amelioration of the people of these States and the 
establishment of their permanent prosperity. No partisan feel- 
ing should be invoked. An equal patriotism pervades every 
hamlet in the land, and while we differ as to policies, no one 
State surpasses another in lofty devotion to the perpetuity and 
welfare of our institutions. 

It is a mistake for the representatives of one section to seek 
financial aggrandizement at the expense of any other. We have 
a common interest, a common counti-y, and should share a com- 
mon prosperity. The music of the looms in New England, the 
song of the field hand on the cotton plantation, the echo of the 
woodman's ax in Oregon, and the ring of the prospector's pick 
on the granite of the Western mountains, all blend in one melo- 
dious harmony, and tell the same story of the energy of free men, 
who conquer success because in this country industry and hope 
are companions. The uniting of all these interests so that no 
one shall suffer because of the other, and so thateacli shall bene- 
fit and bless the other, is amission more glorious than one of con- 
quest, is the noblest task that could be imposed upon man by his 
brother man. [Applause in the galleries. | 

Mr. MORGAN. 1 offer an amendment to the resolutions, which 
I send to the desk and which I will ask the Secretary to read. 

The VICE-PRESIDENT. The amendment proposed by the 
Senator from Alabama to the resolutions heretofore submitted 
by him will be read. 

The Chief Clerk. It is proposed to add to the resolutions 
the following: 

Jltsoh'ej, That the Committee on Finance is instructed to prepare and re- 
port to the Senate an act supplementary to the "act directing the purchase 
of silver bullion and the Issue of Treasury notes thereon, and for other ptu'- 



poses," approved July 14, 1890, which shall provide for the coinage of gold 
and silver bullion on equal terms as to each metal, and for the issue of Treas- 
ury notes in denominations not to exceed KOO, and upon the terms and con- 
ditions prescribed in said act, upon all gold and silver bullion that the United 
States shall acquire by piu-chase, and that anv depositor who shall deposit 
in the Treasury gold or silver bullion in quantities of not less than sflOOiu 
value, the product of mines In the United States, which has not been pre- 
viously coined, shall, at his option, receive coin certificates for the same at 
the mint value of such bullion. 

PRESIDENTIAL APPROVALS. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of his secretaries, announced that the President 
had on the 4th instant approved and signed the act (S. 1841) for 
the relief of Daniel McClure. 

The message also announced that the President had on the 5th ' 
instant approved and signed the following act and joint resolu- 
tion : 

An act (S. 1884) to prevent fraud upon the water revenu ( j j»nf 
the District of Columbia; and 

A joint resolution (S. R. 49) construing article 4 of the agree- 
ment with the Citizen band of Pottawatomie Indians in Okla- 
homa Territory and elsewhere. 

INDIAN APPROPRIATION BILL. 

Mr. DAWES. I move that the Senate proceed to the consid- 
eration of the Indian appropriation bill. 

The motion was agreed to; and tlie Senate resumed the consid- 
eration of the bill (H. R. 5974) making appropriations for current 
and contingent expenses and fulfilling treaty stipulations with 
Indian tribes for fiscal vear ending June 30, 1893. 

The VICE-PRESIDENT. The Senator from Indiana [Mr. 
VooRHEEsl is entitled to the floor. 

Mr. DAWES. Before the Senator from Indiana takes the 
floor he will allow me a moment"? 

Mr. VOORHEES. Certainly. 

Mr. DAWES. Yesterday, in calling the attention of the Sen- 
ate to the manner in which President Grant followed out the 
policy prescribed by law at his suggestion for keeping the peace 
with and promoting civilization among the Indians I was unable 
at the moment to give the names of those men to whom he in- 
trusted that work, and was compelled to speak from memory. I 
desire now simply to put upon record those names and call the 
attention of the Senate to them. They were William Welsh, 
.lohn V. Farwell, George II. Stuart, Robert Campbell, William 
E. Dodge, E. S. Tobey, Felix R. Brunot, Nathan Bishop, and 
Henry S. Lane. 

Mr. VOORHEES. Mr. President, with the music of the silver- 
toned eloquenc3 with which we have just been charmed by the 
S jnator from Colorado [Mr. WOLCOTT] still ringing in our eiirs, 
I do not know that I can get any hearing for the Indian at this 
time. 

I have been very reluctant to take any part in this discussion, 
but there are certain matters which I think ought to be known 
and laid before the Senate and the country in regard to the pro- 
posed change in the management of Indian affairs. 

It is proposed here to make a change of policy, a great and 
marked change, and I confess it ought not to be made unless for 
weighty and sufficient reasons. I propose to occupy the time of 
the Senate briefly, in order to give the reasons which will gov- 
ern me in the vote I shall cast. In doing so, I do not desire to be 
understood as assailing anybody, or any bureau, or set of men. 
I shall leave the facts, when I am through, to speak for them- 
selves. 

I have the most kindly sympathy for the Senator from Mass- 
achusetts [Mr. Dawes] in his earnest efforts to retain the system 
which he believes is best. The facts which have come to my 
knowledge, however, for some years past have led me to a dif- 
ferent conclusion. It is but a little more than twelve months 
since this country was shocked throughout all its borders by a 
bloody disaster connected with one of our Indian agencies. 

It is but little more than a year since I stood upon this floor, 
and. in response to a proposition to arm the people of the North- 
western States for their own defense, I said that it would be bet- 
ter to feed the Indians than to fight them. I gave the authority 
then on which I spoke; I gave some facts which were then in my 
possession and which have accumulated up to this time. That 
is as it were but yesterday, and yet this protracted debate, this 
able debate, has progressed thus far with hardly an allusion to 
the gi-eat facts which led to what I conceive to be one of the most 
deplorable events in the modern history of this country. 

I have been accustomed in considering questions in coiu't and 
elsewhere to rely upon the facts of the case. I know Of no reason 
to displace one system of policy for another except it arises out 
of the experience which the system tried and to be retii-ed has 
passed through. Now-, 1 propose for a short time to speak 
further upon the ijoint I made a little more than a year ago, and 
that is, that the administration of Indian affairs under its present 



2986 



CONGRESSIONAL RECORD— SENATE. 



Apeil 6, 



system has been inofliclcnt and dangerous to the peace and wel- 
fare of the Indian and of the white settlers and corrupt. 

I know no other way to rea^h a correct conclusion than by 
Searcbinff the record upon this question. I hold in my hand a 
most valuable report, authorized and required by law; a report 
which the American people are entitled to have, and to which 
they should listen. Maj. Geu. Miles is not a West Point man. 
He did not enter the Army through that military gateway on the 
Hud.son. He is a native of the Senator's own State, a son of Mas- 
saciiusetts, and I believe is the only volunteer officer who has 
achieved a major-generalship in the regular Army in modern 
times. He is one of the three major-generals of the American 
Ai'm_y, and, I repeat, he is the only one of modern times who has 
achieved that great distinction from a volunteer standpoint, as 
far as I now recall. He has none of the prejudices of the reg- 
ular j\rmy,if any they have, in regard to matters of civil life. 

Mr. HIGGINS. The Senator will allow me to suggest that I 
think Gen. Terry was also a volunteer officer. 

Mr. VOORHEES. I am glad to bo corrected, if I am in error. 
I simply did not think of any more, but the number is very small 
and very exceptional. 

On this subject, in December 1890, I quoted Gen. Miles. At 
that time I quoted him verbally. I stated then that, in his opin- 
ion, the troubles which were brewing, and which had not yet 
culminated, were due to the wrong and imperfect policy of our 
Indian afl'airs. I was antagonized very sharply upon the subject 
and the foresight of Gen. Miles was violently discredited. Blood- 
shed came sooner than I anticipated, and after the slaughter was 
over Geu. Miles had to sjjeak upon the subject to his superiors 
in the War Department. In his report of last September, only 
about six months ago now, after stating his transfer under orders 
from San Francisco to his headquarters in Chicago, he proceeds 
as follows: 

While eu route to the division headquarters at Ctiicago. I received infor- 
mation at Port Keogh, Mont., from Cheyenne Indians I liad Imown for uiany 
years, of the distressed condition they were in, particularly the tribe of 
Northern Cheyennes; their suffering for w.ant of food, their being compelled 
to kill cattle belonsing to the white people to sustain life, and the disaffection 
then existing, as well as the alarm prevailing among the citizens of that 
State. 

I presume I need waste no time in elaborating the idea that the 
purpose of Indian agencies is to so treat the Indian as to keep the 
peace, protect the frontier, and preserve the property of settlers. 
To relieve their immediate wants- 
Continues Gen. Miles — 

I sent a telegram to the Ad.iutaut-Gener.il at Washington staling that the 
principal trouble with the Cheyenne Indians, whose reservation Vas south 
of Fort Keogh, was the result of the Government's failure to provide sufticieut 
food and the means to render them self-supporting, saying, when 1 left there 
ten years previous they had a herd of cattle and were at the time largely 
self-sup]TOrting; that they had been obliged to kill their cattle for food ; that 
they had been ou the verge of starvation and were at that time very little 
better; that when without food, or the means of providing for it, they had 
been obliged to kill cattle belonging to white men; that there was not the 
least difficulty in controlling them, but ample means should be appropriated 
at once to supply them with food and the means to renderthem self-supixirt- 
ing. At the same time I recommended that funds should also be appropri- 
ated to reimburse the white citizens who had been obliged to supply them 
with food. This telegram resulted in their being granted an additional ap- 
propriation of $35,000, and reasonable appropriations for their necessities. 

Mr. President, if there is somebody residy to say that we are 
oversensitive, humane, and careful for the Indian and his rights, 
I wish for one moment in this connection to call attention to the 
true relations between this Government and the Indians. My 
heart goes out to tliose who are helpless and dependent more 
than to the powerful. The Supremo Court of the United States, 
in the case of the United States vs. Kagama (118 U. S. Reports >, 
use this language: 

These Indian tribes are the wards of the nation; they are communities de- 
iwndent on the United States; dependent largely for their daily food: de- 
pendent for their political rights. They owe no allegiance to the States and 
receive from them no protection; because of the local ill feeling, the people 
ot the States where they are found are often their deadliest enemies. Trom 
their very weakness and helplessness, so largely due to the course of deaUng 
of the Federal Government with them, and the treaties m which it has been 
promised, there arises the dtUy of protection, and with it the power. This 
has always been recognized by the Executive, by Congress, and by this court, 
whenever the question has arisen. 

• * « « « * » 

The recognized relation between the parties to this controversy, there- 
fore, is that between a superior and an inferior, whereby the latter is placed 
under the care and control of the former, aud which, while it authorizes the 
adoption on the part-sf the United States of such policy as their o-wn public 
interests may dictate, recognizes, on the other hand, such an interpretation 
ot theu- acts and promises as justice and reason demand in all cases where 
power is exerted by the strong over those to whom they owe care and pro- 
tection. 

In commenting upon this opinion of the Supreme Court the 
following sentence commends itself to my sense of equity and 
justice: 

This opinion — 

Says the writer — 

is simply the application, as between the United States and the Indians, of 
the uniform rule of equity that where any person has an habitual influence 



over another, or where there are relations ot confidence between the partie.s. 
or where there are any fiduciary relations existing, or where one has domin- 
ion or power over the other, relief will be granted in favor of the inferior who 
has been tmfalrly dealt with. 

We are dealing with people who stand to us as wards, as or- 
phan children toward their guardian, and the spectacle of their 
starvation at the hands of this Government has sometimesgiven 
me sleepless nights. I do not rest easily when a spectacle of 
that kind is presented by a great and powerful government. 

Let us go further, however, with the testimony. I am deal- 
ing with this case as I would in court upon evidence. I have 
called witnesses and shall examine them hoi-e and comment upon 
their testimony. Gen. Miles continues by saying: 

The causes that led to the serious disturoanoe of the peace in the North- 
west last autimin aud winter were soremarkable that an explanation of them 
is necessary to comprehend the seriousness of the situation. The IndlaiLS 
assuming the most threatening attitttde of hostility were the Chevennes and 
.Sioux. Their condition may be stated as foUon's: 'For several years follow- 
ing their subjugation in 187r, 1878, aud 1879, the most dangerous element of 
the Cheyennes and the Sioux were under military control. Many of them 
were disarmed and dismounted ; their war ponies were sold and the proceeds 
returned to them in domestic stock, farming utensils, wagons, etc. Many of 
the Cheyennes, uuder the charge of military oflicers. were located ou land in 
accordance with the laws of Congress, but after they were turned over to 
civil agents, and the vast herds of buffalo and large gaine had been destroyed, 
their supplies were insufficient and they were forced to kill cattle belonging 
to whlt« people to sustain life. 

These words are pregnant with meaning to my mind, and 
while they do not fill the ears of Senators who are just now com- 
fortable at their lunch, at this the lunch hour, still perhaps, liko 
bread cast upon the water.s, they will do some good hereafter. 

The fact that they had not re?eived sufflcieut food Ls admitted by the agents 
and the ofiScers of the Government who have had opportunities of Icnowing. 

Mr. President, if anybody is to be arraigned here for these state- 
ments let it be this high officer; let them arraign this man of 
splendid military reputation, and high charaster for truth and 
honor. He proceeds to say: 

Thomajorityof the Sioux were uuder the charge of civil agents, frefjueutly 
changed and often inexperienced. Many of the tribes became rearmed and 
remounted. They claimed that the Government had not fulfilled its treaties 
and had failed to make large enough appropriations for their support; that 
they had suffered for want of food, aud the evidence ot this is beyond ques- 
tion and suflicient to satisfy any imprejudiced, IntelLigent mind. ' The state- 
ments of officers, inspectors, both of the military and the Interior Depart- 
ments, of agents, of missionaries, and civilians familiar with their condi- 
tion, leave no room for reasonable doubt that this was one of the iiriucipal 
causes. 

Causes o^ what? One of the principal causes of that field of 
blood, where nearly 100 of our young soldiers went down — thirt3-- 
odd killed outright, I believe, and more than double that num- 
l)er wounded, one of the bloody disasters of the American fron- 
tier. This distinguished officer is dealing with the causes which 
led to that result. They are not remote. This disaster occurred 
only a little while ago, but yesterday as it were, and enters di- 
rectly into the question under debate. Shall the system which 
pi-oduced that result be continued, or shall we try something 
else? As I said in the beginning, I do not desire to engage in 
reproaches unnecessarily, but at the same time these facts bear 
on the vital question whetlu-rthe present system of Indian affairs 
ought to be continued, or whether we shall be justified, indeed 
compelled by our sense of duty to try another. 
Gen. Miles, continuing, saj's: 

While statements may be made as to the amount of money that has been 
e.xi>ended by the Government to feed the different tribes, the" manner of dis- 
tributing those appropriations will furnish one reason for the dellclt. 
FAn.unE or chops. 

The turf ortunate f allm-e of the crops in the plains country during the years 
of 1889 and 1890 added to the distress and suitering of the Indians, aud it was 
possible for them to raise but ver.v little from the ground for self-support; 
in fact, white settlers have been most unfortunate, and their losses have been 
serious aud universal throughout a large sect ion of that country. They have 
struggled on from year to year; occasionally they would raise good crops, 
which the,v were comp^-lled to sell at low prices, whUe in the season ot 
drought their labor was almost entirely lost. So serious have been their 
misfortunes that thousands have left that country within the last fewyear.s, 
passing over the mountains to the Pacific sloi)e or returning to the east of 
the Missouri and the Mississippi. 

The Indians, hi^wever, could not migrate from one pjrt of the United States 
to another; neither could they obtain employment as readilj' as white peo- 
ple, either upon or beyond the Indian reservation. They must remain in 
comparative idleness and accept the results of the drought — an insufficient 
supply of food. This created a feeling of discontent eveli among the loyal 
and well-disposed, and added to the feeling of hostilit.v of the element op- 
posed to every iirocess of cirtlization, 

I Trill now ask the Secretary at the desk to read the report 
made by Brig. Gen. Ruger, commanding the Department of North 
Dakota, in regard to the disaffection at Standing Rock Agency, 
commencing on page and ending on page 7. as I have marked. 

The VICE-PRESIDENT. The Secretary will read as re- 
quested. 

The Secretary read as follows: 

The commanding officer at Fort Yates, N. Dak., under date of December ', 
1890, at the time the Me-ssiah delusion was approaching a climax, says in ref- 
erence to the disaffection of the Sioux Indians at Standing itock Agency, that 
it is due to the following causes; 

1. P\aUure of the Government to establish an equitable southern boundary 
for the Standing Rock Agency Reservation. 

2. FaUure of the Government to expend a just proportlo n ot the money re- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



2997 



means anything) that representative govei'nment is a failure. 
Hence we have earnest advocates for laws to restrict the power 
of the people to control their servants. 

That is followed with assaults upon men in executive positions, 
and this movement to substitute army and navy officers for 
civilians. 

Mr. President, when you look hack over the past fifteen years 
and see what steps you have taken in that direction, I think 
Senators would be amazed — I am sorry that I can not present 
them all to the Senate — but begin with the District of Columbia. 
Here it was said that there was corruption in the administra- 
tion by civil officers; and it was said you can not find among the 
great corps of civil engineers of the entire country honorable and 
honest men to conduct the affairs of the District of Columbia; 
they can not be had from civil life, and therefore we must go to 
the Array and select from that splendid corps an officer and make 
him a Commissioner: put him over a people as intelligent and as 
wealthy as are to be found upon the face of the globj. And on 
the sole ground that in that way only could you have honesty 
and integrity. The integrity and capacity of the Engineer Corps 
I gladly concede. I protest against the proposition that they 
are more honest or capable than those in civil life. 

We have by law placed public buildings to be constructed in a 
city in charge of army officers. Ten million dollars or more per 
annum is expended upon yovu- I'ivers and harbors by army men, 
all for the reason, as it is claimed, that there have been cases of 
mismanagement and sometimes corruption and extravagance by 
the civil engineers. 

The integrity of the army officer is conceded, but the claim that 
they alone can be trusted is offensive to the American people. 
The dishonest man in the public service is the exception, not the 
rule. The people are honest; their public servants are honest, 
and this substitution of the military for the civilian can not be 
justified except in cases of war or threatened Outbreak. 

Mr. President, this is not the only proposition ti substitute the 
military for civil offices. Now, you have another proposition to 
take your revenue police, the men who guard your rivers and 
harbors, and say that they, civilians as they are, are no longer 
fit for that duty, that the Ijoys who grow up, the sons of these 
sea captains coming into yovir Revenue Marine Service from pri- 
vate life, without inlluence and without much education — only 
such as they may gain from the public schools — that they ai-e to 
be excluded, and none shallcnter that service excopt through the 
Naval Academy at Annapolis, appointed upon the recommenda- 
tion of a member of Congress or the President of the United 
States, so that you may have honesty and efficiency and better 
service than you have now, and, of course, the life tenure, with 
retirement upon half pay. 

Mr. President, to any and all propositions looking to the use 
of army and naval officers in the civil service I enter my jiro- 
test. I protest against such legislation upon an ap])ropriation 
bill. It will be a bad ))recedent; it will return to plague us. 
Now, it is said a few Indian agents have misbehaved, and there- 
fore the whole system must be turned over and jilaced in the 
hands of captains and lieutenants. Next year it may be your 
collectors of internal revenue or the United States marshals. 

Mr. President, I believe that this is only one of the steps in the 
assault that is being made, as I before said, upon the civil service. 
I am not content, sir, to cast my vote without this one word of 
protest against an innovation which I think leads us away be- 
yond what those who advocate the passage of the bill to-day 
contemplate. 

Mr. COCKRELL. Mr. President, I had hoped that I should 
not be called upon to say anything in this matter; but as all the 
members of the Committee on Appropriations who favor this 
provision, including my colleague on the committee from Mary- 
land [Mr. Gorm.\n], have spoken, it is i)roper for me to say just 
a few words in vindication of my dissent from the distinguished 
gentlemen who constitute the majority of the committee'and the 
only argument they have made here. 

lam for this provision of the bill unequivocally, and not be- 
cause it transfers any civil jurisdiction to military officers, for it 
does not do any such thing. I am for it because it is the b.>st 
thing for the Indian and the best thing for the white man, and 
saves money to the taxpayers of the United States. Tho^e are 
throe sufficient reasons. 

This is no great innovation. Once the Indian Bui'eau was under 
the War Department, and whenever the management of the In- 
dian Bureau has been such as to bring the Indians and the whites 
into mortal combat by its civil administration an army officsr is 
always called in to adjust it. We want to anticipate the conflicts 
that have been caused by the civil management and the Indians 
getting into conflict, having wars, destruction of life, and waste 
of money, by putting army officers there, not as army officers 
with their shoulder straps to exercise military power under the 
orders of the Commanding General of the Army, but detailed to 



do that specific duty under the orders and regulations and con- 
trol of the Interior Department just as completely and as fully as 
are the Indian agents to-day. 

We take no power from 'the Secretary of tlie Interior. We 
take no power from the Commissioner of Indian Affairs. They 
are still to be supreme. The onlv thing is that they are not to 
recommend to the President, if they do such a thing, the appoint- 
ment of some man as Indian agent. That is the only jiower we take 
from the civil branch. The only power that this provision wrests 
from the Secretary of the Interior and the Commissioner of In- 
dian Affairs is simply th? privilege of soliciting the President 
to appoint somebody, a civilian, a^ an Indian agent. These army 
officers are to be vmder their c mtrol. 

It seems to me that the distinguished Senator fnnn Iowa and 
my colleague on the committee from Maryland should have seen 
that only good can result when you will have the civilians there 
appointed under the Secretary of the Interior and an army officer 
detailed there from the War Department, each watching the 
other, each supervising the action of the otlier. It must result 
in good. It has resulted in good, and it will result in good. The 
provision of the bill simply authorizes the President to exercise 
a discretion in this matter. It says: 

That from and after the passase of this act the President shall detail offl- 
oers of the United States Army to a=t as Indian agents at all agencies where 
vacancies from any cause may hereafter occur, who, while acting as such 
ajients, shall bs imder the orders and direction of the Secretary of the In- 
terior. 

The following additional proviso has been agreed to by the 
Senate; 

ProiMedfurther, That whenever the President shall be of opinion that the 
good of the service specially requires it, he may appoint a civilian. 

So weleavethePresidentalmostasfreeasheisto-day. When- 
ever he thinks it is better to have a civilian he can appoint him, 
otherwise he details an army officer and saves the salary in the 
Treasury of all the Indian agents where an army officer acts. 
There is where the saving is, and it is a considerable item to 
save. 

Mr. President, I am not criticising the Indian Bureau. If it has 
managed this matter ever so well, twice as well as the Senator 
from lowaand the Senatoi- from Massachusetts have represented, 
it would bean improvement to put new blood into these agencies 
where there are collected so many civilians, by detailing all army 
orHcer as Indian agent, an educated gentleman who has some- 
thing at stake, his character, his life, his being, in acting hon- 
estly and honorably. There they will be in contact with each 
other, the civilian jealous of the officer, and the officer watching 
the civilian employes, and no harm can come from such a thing. 

I trust the Senate will keep this wise and just and economical 
provision in the bill. 

Mr. DAWES. I hope we may now have a vote. 

The VICP>PRES10ENT. The question is on the amendment 
of the Senator from South Dakota [Mr. Pettigrew], on which 
the yeas and nays have b:en ordered. 

Mr. CULLO.Vl and Mr. TELLER. Let it be read. 

The VICE-PRESIDENT. The amendment will be read. 

The Secret,\ry. On page 1, beginning with line 12, it is pro- 
posed to strike out the following proviso; 

Provided, That from and after th? passage of this act the President shall 
detail officers of the United Staees Army to act as Indian agents at all agen- 
cies where vacancies from any cause may hereafter occur, who, while acting 
as such agents, shall b3 under the orders and direction of the Secretary of 
the Interior: Prodded farther. That whenever the President shall be of 
opinion that the good of the service sp?cially requires it he may appoint a 
civilian. 

And to insert in lieu thereof the following: 

The President is authorized to detail ofilcers of the Unite J States Army to 
act as Indian agents at all agencies where he shall deem such action for the 
best interests of the service 

The VICE-PRESIDENT, The Secretary will call the roll on 
agreeing to the amendment. 

The Secretary proceeded to call the roll. 

Mr. BRICI5(when hisname was called). I am paired with the 
Senator from C'alifornia [Mr. Felton]. 

Mr. CAREY (when his name was called). I am paired with 
the Senator from Tennessee [Mr. Harris] on this question. If 
he were present he would vote "nay " and I should vote ''yea." 

Mr. DUBOIS (when his name was called). I am paired with 
the Senator from New Hampshire [Mr. Chandler] on this ciucs- 
tion. If he were present he would vote " nay ''and Ishould vote 
"yea," 

Mr. GEORGE (when his name was called). I am paired on all 
these questions with the Senator from Orego:i [Mr. Dolph]. If 
he was present he would vote "yea " and I should vote " nay." 

Mr. BERRY (when the name' of Mr. .lONES of Arkansas was 
called). My colleague [Mr. .lONES] is paired with the Senator 
from New York [Mr. HISCOCK]. 

Mr. FAULIvNER (when Mr. Kenna'S name was called). My 
colleague [Mr. Kenn,\] is detained from the Senate by indis- 



S998 



CONGRESSIONAL REOOED— SENATE. 



April 6, 



position, and is paired witli tlie Senator from Colorado [Mr. WOL- 
COTt]. 

]\Ir. MgMILLAN {wlicn liis name was called). I am paired 
with the Senator from North Carolina [Mr. Vance]. 

Mr. M ANDERSON (when his name was called). I am paired 
with the Senator f i-om Kentucky [Mr. Blackburn]. He would 
vote "nay " on this proposition, and I therefore vote " nay." 

Mr. STEWART (when his name was called). I am paii-ed with 
the Senator from Pennsylvania [Mr. Cameron]. If ho were pres- 
ent I should vote ■■ yea." 

Mr. WALTHALL (when his name was called). I am paired 
with the Senator from Rhode Lsland [Mr. Dixon]. With the 
consent of the Senator from Nebrasl^a [Mr. Manderson], I will 
transfer my pair to the Senator from Kentucky [Mr. Black- 
burn]. 

Mr. MANDERSON. I think that is right, for I know that the 
Senator from Kentucky [Mr. BLACKBURN], it present, would vote 
" nav " on this ijroposition. 

Mi-. WALTHALL. I vote ''nay." 

Mr. WARREN (when his name was called). I am paired with 
the Senator from Georgia [Mr. Gordon]. Perhaps my pair may 
be transferred. Perhaps the Senator from West Virginia [Mr. 
Faulkner] may wish to transfer the pair of the Senator from 
Georgia [Mr. Gordon]. I will withhold my vote for the present. 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. Colquitt]. If he were present 
I should vote "yea." 

The roll call was concluded. 

Mr. FAULKNER. I understand that there has been a trans- 
fer of pairs, so that the Senator from Kentucky [Mr. BLACK- 
BURN] and the Senator from Rhode Island [Mr. DixON] stand 
paired. iVs the Senator from Kentucky [Mr. Blackburn] has 
come into the Chamber, I proposo to transfer his pair to the Sen- 
ator from Georgia [Mr. Gordon], who will stand ))aired with the 
Senator from Rhode Island [Mr. DiXON], so that both the Sena- 
tor from Kentucky [Mr. Blackburn] and the Senator from Wyo- 
ming [Mr. Warren] can vote. 

Mr. BLACKBURN. I vote " nay." 

Mr. WARREN. I vote "yea." 

Mr. CAREY. I see that the Senator from Tennessee [Mr. 
Harris] is now in his seat, and I will vote "yea." 

Mr. HARRIS. I agreed with the Senator from Massachusetts 
a moment since that I would pair with the Senator from Ala- 
bama [Mr. Morgan] upon these questions, but I understand that 
the Senator from North Carolina [Mr. Vance], who voted " nay ]| 
on the former occasion, and who would, if present, vote "nay " 
now, is not paired, and I transfer my pair with the Senator from 
Alabama [Mr. Morgan] to the Senator from North Carolina 
[Mr. Vance], and record my vote. I vote "nay." 

Mr. ALLISON (after having voted in the affirmative). I voted 
inadvertently, having agreed with the Senator from Vermont 
[Mr. Proc^tor] to pair with his colleague [Mr. Morrill]. I 
therefore withdraw my vote. 

Mr. McMillan, now that the Senator from North Caro- 
lina [Mr. Vance] has been paired, I vote "nay." 

Mr. HANSBROUGH (after having voted in the affirmative). 
I find that I am paired with the Senator from Connecticut [Mr. 
Hawley], and I withdraw my vote. 

The result was announced — yeas 24, nays 29, as follows: 

YEAS— 24. 
Alleu, 
Call. 
Carey, 
Cullom, 
Dawes, O 
Frye. £ 

Barljour, ^ 
Bate, 

Berry, 03 

Blackbm-n. 03 

Blodgett, «^ 

Cockrell, ^. 

Coke, "^ 

Da\'is, 03 

lo 

Aldrich, 3 
Allison. "5 
Brire. t_ 

Butler. o 

Cameron, i ■ 
Carlisle. 
Casey, 
Chandler, 
Colquitt, 

So the amendment was rejected. 

The VICE-PRESIDENT. The question now is on agreeing 
to the amendment ]n'0])osed by the Senator from Massachusetts 
[Mr. Dawes], to strike out the paragraph. 

Mr. DAWES. I hope that we shall now have avoteontheorig- 



Gallinger. 


Palmer, 


Sawyer, 


Gorman, 


Perkins, 


Shoup, 


Hale, 


Pettigrew, 


Squire, 


Hoar, 


Piatt, 


Stockbridge, 


Mitchell, 


Power, 


Teller, 


Paddock. 


Sanders, 
NAYS-2fl. 


Warren. 


Faulkner, 


Manderson, 


Vilas, 


Gibson, Md. 


Mills. 


Voorhees, 


Ciray, 


Pefter, 


Walthall, 


Harris, 


Proctor, 


Washbiu-n, 


Hifcgins, 


Pngh, 


White. 


Kyle. 


Quay, 




McMUlan. 


Tm-pie. 




McPherson. 


Vest, 




NOT VOTING— 35. 




Daniel, 


Hawley, 


Pasco, 


Dixon, 


Hill, 


Ransom, 


Dolph, 


Hiscock, 


Sherman, 


Dubois, 


Irby, 


Stanford, 


FeUon, 


Jones, Ark. 


Stewart, 


George, 


Jones. Nev. 


Vance, 


Gibson, La. 


Kenna, 


Wilson, 


Gordon, 


Morgan, 


Wolcott. 


Hausbrotigh 


Morrill, 





inal proposition. The yeas and nays have been ordered upon it. 

Mr. MANDERSON. I ask that the question be stated so that 
it may be understood. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. It is proposed to strike out the proviso 
beginning on the last lino of page 1 of the bill in the following 
words: 

Provided, That Irom and after the passage of this act th» President shall 
detail officers of the United States Ar juy to act as Indian agents at all agencies 
where vacancies from any cause may hereafter occur, who. while acting as 
such agents, shall be under the orders and direction of the Secretary of the 
Interior. 

l^rociiied further. That whenever the President shall be of opinion that the 
good of the service specially requires it he may appoint a civilian. 

The VICE-PRESIDENT. The roll will be called on agreeing 
to the amendment of the Senator from Massachusetts [Mr. 
Dawes], to strike out the proviso which has been read. 

The Secretary proceeded to call the roll. 

Mr. BRICE (when his name was called). I am paired with the 
Senator from California [Mr. Felton]. 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. DOLPH]. 

Mr. STEWART (when his name was called). I am paired with 
the Senator from Pennsylvania [Mr. Cameron]. 

Mr. WALTHALL (when his name was called). I am paired 
genei-ally with the Senator from Rhode Island [Mr. Dixon]. I 
have arranged to transfer that pair to the Senator from Georgia 
[Mr. Gordon]. I vote "nay." 

Mr. WARREN (when his name was called). I am paired with 
the junior Senator from Georgia [Mr. Gordon]. By an arrange- 
ment that pair has been transferred, and I vote "yea." 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. Colquitt]. If he were present 
I should vote "yea." 

The roll call was concluded. 

Mr. DUBOIS. I am paired witli the Senator from New Hamp- 
shire [Mr. Chandler]. 

Mr. ALLISON. At the request of the Senator from Vermont 
[Mr. Proctor] I, have agreed to pair with the senior Senator 
from Vermont [Mr. MoRRiLL] on this question. If he were pres- 
ent I should .vote "yea." 

The result was announced — j'eas 25, nays 28, as follows: 

Y'EAS— 2,1. 

Allen. Gorman, Perkins, Squire, 

Call, Hale, Pettigrew, Stockbridge. 

Carey. Hoar, Piatt, TeUer, 

Cullom, ^ Mitchell, Power, Warren. 

Dawes, rtj Morgan. .Sanders, 

Frye, -q Paddock. .Sawyer, 

Gallinger. ^ Palmer, Shoup, 

NAYS-28. 



Barbora-. 9? 
C/5 



Davis. McMillan, Quay, 

Bate, JJ^ Faulkner. McPherson, Turpie, 

Berry, ^ Gibson. Md. Manderson, Vest, 

Blackbm-n, .fcj Gray, MilLs, Voorhees, 

Blodgett, O Harris, Pefler, Walthall, 

Cockrell, O Higgins, Proctor, Washburn. 

Coke. ^Q* ^y'"'' Pugh, White. 

:3 NOT VOTING— 3d. 

Aldrich, "^ Daniel, Hawley, Ransom, 

Allison, t_ Dixon, Hill, Sherman. 

Brice, O Dolph, Hiscock, Stanford. 

Butler, Ul_ Dubois. Irby, Stewart. 

Cameron, Felton, Jone,";, Ark. Vance, 

Carlisle, George, Jone,s, Nev. Vilas, 

Casey. Gibson, La. Kenna. Wilson. 

Chandler, Gordon. Morrill, Wolcott. 

Colquitt. Hansbrough, Pasco, 

So the amendment was rejected. 

Mr. SANDERS. I desire to offer an amendment to the bill, 
which I send to the desk. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. On page 46, add, after line 10, the follow- 
ing: 

To enable the Secretary of the Interior to appoint a commission to nego- 
tiate with the Crow Indians of Montana, for a modification of the agreement 
concluded with said Indians December 38, 1880, and ratifled by Congress 
March 3. 1891, and to pay the necessary and actual expenses of said commis- 
sioners, the sumof $1,500. said sum to be immediately available: Provided, 
That no such moditlcation shall be valid tmless assented to by a majority of 
the male adult members of the Crow tribe of Indians and be approved by the 
Secretary of the Interior. 

Mr. DAWES. If the Senator will "turn to the last line on the 
forty-first page of the bill and propose to change the $10,000 
which is put in the hands of the Secretary of the Interior to 
carry on all these negotiations I wUl not raise the point of order 
on him. Otherwise I shall, bscause undertaking to specify just 
what terms and on what ratification by the Indians a new nego- 
tiation shall b3 made I think is not proper, but it should be left 
to the Secretary of the Interior. On the forty-first page, for the 
very purpose of putting in the hands of the Secretary of the In- 
terior all the money necessary for every one of these negotia- . 
tions, there is a sum appropriated. That sum may not bacnough. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3031 



people— to the Committee on Election of President, Vice-Pi-esi- 

dent, and Representatives in Congress. 

Also, two petitions of certain citizens of Idaho, in favor of 
electing United States Senators by the people— to the Select 
Committee on Election of President, Vice-President, and Repre- 
sentatives in Congress. 

Also, pi-tition of the Woman's Christian Temperance Union 
of Idaho, ISO signatures, against opening any exposition on Sun- 
day where Government funds are used— to the Select Committee 
on the CoUimbian Exposition. 

Also, petition of National Woman's Christian Temperance 
Union of Idaho, against opening anyexpositionon Sunday where 
United States funds are used— to the Select Committee on the 
Columbian Exposition. 

Also, petition of certain citizens of Idaho, in favor of a postal 
savings bank — to the Committee on the Post-Offlce and Post- 
Roads. 

Also, petition of citizens of Idaho, against speculation in fu- 
tures on certain farm products— to the Committee on Agricul- 
ture. 

By Mr. TERRY: Petition of citizens of Paris, Logan County, 
Ark., in favor of the Butterworth bill against options and deal- 
ing in futures — to the Committee on Agriculture. 

Also, memorial of council of the Choctaw Nation, against bUl 
to enlarge jurisdiction of United States courtsin the Indian Ter- 
I'itory — to the Committee on the Territories. 

Also, petition of A. Quesemberry and others, of Franklin 
County, Ark., in favor of the Butterworth bill against options 
and dealing in futures — to the Committee on Agriculture. 

By Mr. TOWNSEND: Petition of citizens of Arapahoe County, 
Colo., in favor of the Wash burn-Hatch antioption hills — to the 
Committee on Agriculture. 

Also, petition of the Methodist and Presbyterian Churches of 
Fort Collins, Colo., constituting 400 citizens, against liquor sell- 
ing at the National Columbian Exposition, to close the Exposi- 
tion on Sunday, and for the management of the art gallery to 
accord with the American standard of purity in art — to the Se- 
lect Committee on the Columbian Exposition. 

By Mr. TRACEY: Petition of over 200 citizens of Albany 
County, N. Y., asking that the law for retirement of enlisted men 
be amended — to the Committee on Militarv Affairs. 

By Mr. TUCKER (by request): Petition of William D. Brooks 
and 10 other citizens, of Union Hall, Va., for pure-lard biU — to 
the Committee on Ways and Means. 

Also, petition of W. D. Brooks and 16 others, of Union Hall, 
Franklin County, Va., favoring pure-food bill — to the Committee 
on Agriculture. 

By Mr. WATSON: Petition of Pine Grove Alliance of Har- 
alson County, Ga. , for passage of the subtreasury bill — to the Com- 
mittee on the Judiciary. 

By Mr. WHEELER of Alabama: Petition of ex-soldiei"s and 
sailors, E. M. Stanton Post, No. 68, Grand Army of the Repul> 
lie. Department of Arkansas, praying for preserving and proj)- 
erly marking the battle lines at Gettysburg, Pa. — to the Com- 
mittee on Military Affairs. 

By Mr. WIKE: Protest of Farmers' Alliance and Industrial 
Union, No. 8S, of Cass County, 111., against the passage of the 
Brosiiis lard bill (H. R. 395), and praying for the passage of a 
general pure-food law — to the Committee on Agricultui'e. 

By Mr. WILLIAMS of North Carolina: Resolution for the re- 
lief of the heirs or representatives of Israel G. Lash — to the Com- 
mittee on Accounts. 

By Mr. WILLIAMS of Massachusetts: Petition of Reno Post, 
No. S), Grand Army of the Republic, of Massachusetts, praying 
for the passage of the bill providing for preserving and properly 
marking- the battle lines of Gettysburg, Pa. — to the Committee 
on Military Affairs. 



SENATE. 

Thuksday, A2)ril 7, 1892. 

Prayer by the Chaplain, Rjv. .1. G. Butlek, D. D. 

The Journal of yesterday's proceedings was read and approved. 

EXECUTIVE COMMUNICATION. 

The VICE-PRESIDENT laid before the Senate a communica- 
tion from the Secretary of the Treasury, calling the attention of 
Congress to the evil resulting from the'prosent method of select- 
ing candidates for vacancies in the offices of local inspectors of 
steam vessels under the existing law, etc.; which, with the ac- 
companying papers, was referred to the Committee on Commerce, 
and ordered to be printed. 



LISTS OF GOVERNMENT EMPLOYES. 
The VICE-PRESIDENT laid before the Senate a communica- 
tion from the Commissioner of Labor, transmitting, in response 
to a resolution of the 24th ultimo, information in regard to em- 
ployes in that office not specifically appropriated for; which, with 
the accompanying papers, was referred to the Committee on Civil 
Service and Retrenchment, and ordered to be printed. 

PETITIONS AND MEMORIALS. 

iSIr. HARRIS. I present a petition of the members of the 
Nashville (Tenn.) Academy of Medicine and ijracticing physi- 
cians of Nashville, signed by Dr. Briggs and some 40 others, 
praying for the establishment of a department of health, with a 
cabinet officer at its head. I move that the petition be referred 
to the Committee on Epidemic Diseases. 

The motion was agreed to. 

Mr. HARRIS. I present the petition of Mosby & Hunt, of 
Memphis, Tenn., praying compensation for the sinking of one of 
their coal boats by collision with a Government vessel. I move 
that the petition be referred to the Committee on Claims to ac- 
company Senate bill 074, for the relief of the petitioners, now 
pending bi'fore that committee. 

The motion was agreed to. 

Mr. DAWES. I present a p^ititionof 800 citizens of the United 
States and of Massachusetts, praying Congress to provide bylaw 
for the naturalization of such Chinamen as came into this coun- 
try before the first exclusion act for the purpose of making this 
country their home and identifying themselves with its institu- 
tions. I move that the petition be referi-ed to the Committee on 
the Judiciary. 

The motion was agreed to. 

Mr. DAWES presented two petitions of Dalton Grange, No. 
23, Patrons of Husbandry, of Massachusetts, praying for the pas- 
sage of the bill to prevent gambling in farm products; which 
was ordered to lie on the table. 

He also presented a petition of Dalton Grange, No. 23, Patrons 
of Husbandry, of Massachusetts, praying for the passage of the 
bill to prevent the adulteration of food and drugs; which was 
ordered to lie on the table. 

He also presented a petition of Dalton Grange, No. 23, Patrons 
of Husbandry, of Massachusetts, praying for the passage of the 
bill making certain issues of money full legal tender in payment 
of all debts; which was referred to the Committtee on Finance. 

He also pr^ sented sundry petitions collected by the National 
Woman's Christian Temperance Union, containing 750 individual 
signatures of citizens of Massachusetts, praying that no exposi- 
tion or exhibition for which appropriations are made by Congress 
shall be opened on Sunday; which were referi-ed to the Commit- 
tee on the Quadro-Centonnial (Select). 

Mr. CULLOM presented a memorial of the Congregational 
Church of Harvey, 111., remonstrating against the opening of 
the World's Columbian Exposition on Sunday and the sale of in- 
toxicating liquors thereat; which was referred to the Committee 
on the Quadro-Centeunial (Select). 

He also presented the following petitions of Pina Grange, Pa- 
trons of Husbandry, of Illinois: 

Petition praying for the enactment of legislation for the en- 
couragement o£ silk culture — referred to the Committee on Ag- 
riculture and Forestry. 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — to the Committee on the Judiciary-. 

Petition jiraying for the passage of House bill 395, defining 
lard and impiising a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Officesand Post-Roads. 

Mr. DOLPH presented a petition of citizens of Lane County, 
Oregon, praying for the enactment of a law that shall impose a tax 
upon all transactions whereby parties contract or agree to sell 
and deliver at a future time any of the articles, and under the 
circumstances mentioned in the bills now pending in C'ongress, 
and sometimes designated as the Washburn-Hatch antioption 
bills; which was referred to the Committee on the Judiciary. 

Mr. FELTON presented a petition collected by the National 
Woman's Christian Temperance Union, signed by 1,027 individual 
signatures and 402 representative indorsements of citizens of 
California, and a petition collected by the National Woman's 
Christian Temperance Union, containing 44 individual signa- 
tures and 3,507 rc])resentative indorsements of citizens of Cali- 
fornia, praying that no exposition or exhibition for which ap- 
propriations are made by Congress shall be opened on Sunday; 
which were I'eferred to the Committee on the Quadro-Centen- 
nial (Select). 

Mr. PEFFER presented a petition of citizens of Pawnee County, 



3032 



CONGRESSIONAL EECORD— SENATE. 



Apeil 7, 



Kans., praying that the homestead right be restored to citizens 
who have lost such right under the homestead laws of the United 
States: which was referred to the Committee on Public Lands. 

Ho also presented sundry petitions collected by the National 
Woman's Christian Temperance Union, containing 216 individ- 
ual signatures, of Kansas, praying that no exposition or exhibi- 
tion for which api)ro])riations are made by Congress shall be 
opened on Sunday; which were referred to the Committee on 
the Quadro-Centennial (Select). 

Mr. BARBOUR presented a memorial of the Board of Trade 
of Hampton, Va.; a memorial of the Board of Trade of Lynch- 
burg, Va., and a memorial of the members of the council of 
West Point, Va., indorsing the resolutions recently adopted by 
theChamberof Commerce of Norfolk, Va., remonstrating against 
the passage of any legislation changing the existing pilot laws; 
which were referred to the Committee on Commerce. 

Ho also presented sundry petitions collected by the National 
Woman's Christian Temperance Union of Virginia, containing 
216 individual signatures, praying that no e.xposition or exhibi- 
tion for which approjjriations are made by Congress shall be 
opened on Sunday; which were referred to the Committee on 
the Quadro-Centennial (Select). 

Mr. BATE presented a petition of citizens of Lincoln County, 
Tenn., indorsed by 70 members of Hopewell United Presbyterian 
Church of Tennessee, praying that no exposition or exhibition 
where United States funds are expenued be opened on Sunday; 
which was referred to the Committee on the Quadro-Centennial 
(Select). 

He also presented a petition of citizens of Sumner County, 
Tenn., praying for the enactment of a law imposing a tax upon 
all ti'ansactions whereby parties contract or agree to sell and de- 
liver at a futiu-e time any of the articles and under the circum- 
stances mentioned in the bills now pending in CongiJjSJUi-B#H»e-: 
times designated as " the Washburn-Hateh antioinTon bills: '" 
which was referred to the Committee on the Judiciary. 

Mr. .JONES of Arkansas presented sundry petitions of citizens 
of Arkansas, numerously signed, praying for the passage of the 
Washburn-Hatoh antloption bills; which were referred to the 
Committee on the .Judiciary. 

Mr. QUAY presented the petition of George Spitler and 29 
other citizens of Pennsylvania, praying for the passage of the 
bill defining lard and imposing a tax thereon; which was ordered 
to lie on the table. 

He also jjresented sundry petitions collected by the National 
Woman's Christian Temperance Union of Pennsylvania, contain- 
ing 360 individual signatures, praying that no exposition or ex- 
hibition for which appropriations are made by Congress shall be 
opened on Simday: which were referred to the Committee on the 
Quadro-Centennial (Select). 

He also pres nted a petition of 46 citizens of Fayette County, 
Pa., praying for the passage of House bill No. 401, supplemen- 
tary to various acts relative to immigration and importation of 
aliens under contract or agreement to perform labor; which was 
referred to the Committee on Immigration. 

Mr. CALL presented the petition of John Gilmore and other 
citizens of Pensaoola, Fla., praying that their title to the lands 
on the United States live-oak naval reservation, lying between 
Pensacola Bay and Santa Rosa Sound, be granted and approved 
by Congress; which was referred to the Committee on Public 
Lands. 

Mr. COCKRELL presented a petition of the Central Labor 
Union of Springfield, Mo., signed by H. A. W. Juneman, secre- 
tary, praying for the passage of House bill 257, making eight 
hours a day's work; which was referred to the Committee on Ed- 
ucation and Labor. 

REPORTS OF COMMITTEES. 

Mr. DAVIS, from the Committee on Military Affairs, to whom 
were referred the following bills, submitted adverse reports 
thereon; which were agreed to, and the bills were postponed in- 
definitely: 

A bill (S. 469) granting an honorable discharge to William 
Mackey; 

A bill (S. .')13) to muster into the service of the United States, 
as second lieutenant of infantry, Joseph B. Samuels: and 

A bill (S. 1261) for the relief of Nancy Wallace. 

Mr. DAVIS, from the Committ:eon Military Affairs, to whom 
was referred the bill (S. 2260) for the relief of the truit!esof 
Isaac R. Trimble, reported it without amendment,and sukmit'ed 
a report thereon. 

Mr. BATE, from the Committge on Military Affairs, to whom 
was referred the bill IS. 2151) to perfect the military record of 
Capt. Jacob H. Hay, submitted an adverse report thcreonj which 
was agreed to, and the bill was postponed indefinitely. 

Mr. WALTHALL, from the Committee on Military Affairs, 
to whom was referred the bill (S. 1877) for the relief of William 



H. Nave, reported adversely thereon, and the bill was postponed 
indefinitely. 

Mr. PROCTOR, from the Committee on Military Affairs, to 
whom was referred the bill (S. 1129) for the recognition of Henry 
O. Kent as colonel of the Seventeenth New Hampshire Volun- 
teers, reported it with an amendment, and submitted a report 
thereon. 

Mr. WOLCOTT, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (H. R. 5119) to prevent 
the building of houses along certain alleys in the city of Wash- 
ington, and lor other purposes, reported it with amendments, and 
submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 1203) to exempt improvements to real estate in the Dis- 
trict of Columbia from taxation, reported adversely thereon, and 
the bill was postponed indefinitely. 

PORT OF MARQUETTE, MICH. 

Mr. SAWYER. I am directed by the Committee on Com- 
merce, to whom was referred the bill (H. R. 4534) to extend to 
Marquette, Mich., the privilege of immediats transportation of 
unappraised merchandise, to report it favorably without amend- 
ment. I ask for immediate action, as it is a shoi't bill and is rec- 
ommended by the Department. 

Mr. COCKRELL. Let it be read for information. 

The Chief Clerk read the bill; and there being no objection, the 
Senate, as in Committee of the Whole, proceeded to its consid- 
eration. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

Mr. SAWYER. I am directed by the Committee on Com- 
merce, to whom was referred the bill (S. 1789) to extend to Mar- 
uette, Mich., the privilege cf immediate transportation of un- 
appraised mei'chandise, to re[)ort it back adversely. I move that 
the bill be indefinitely ])ostponed. 

The motion was agreed to. 

HEARING BEFORE JUDICIARY COMMITTEE. 

Mr. JONES of Nevada, from the Committee to Audit and Con- 
trol the Contingent Expenses of the Senate, to whom was referred 
the resolution submitted by Mr. Hoar March 31,1892, reported 
it without amendment; and it was considered by unanimous con- 
sent, and agreed to, as follows: 

Rfsolodl. That the Cojuralttee on the Judiciary be authorlzefl to employ a 
slenogi'apher. to be paid from the rontiujjeul fund of the Senate, to report 
the evideiKo aud arguments at the hearing with regai-d to pending measures 
for the relief of the supreme court of the District of Columbia. 

BILLS INTRODUCED. 

Mr. CULLOM introduced a bill (S. 2861) to authorize the Sec 
retary of War to purchase for governmental and industrial use 
at Rock Island Arsenal, Rock Island, 111., a testing machine for 
tension and compression; which was read twice by its title, and 
referred to the Committee on Military Affairs. 

Mr. QUAY introduced a bill (S. 2862) granting a pension to 
George Phillips; which was read twice by its title, and, with tho 
accompanving papers, referred to the Committee on Pensions. 

Mr. PEFFER (by request) introduced a bill (S. 2863) for tho 
relief of Mrs. Lititia S. Elliott: which was read twice by its title. 

Mr. PEFFER. By reason of the fact that the claim arose out 
of a matter alleged to have occurred in the District of Columbia, 
it would be better to have the bill referred to that committee. 

The VICE-PRESIDENT. The bill will be referred to th(> 
Committee on the District of Columbia. 

Mr. CARLISLE introduced a bill (S. 2864) for the relief of 
Elizabeth Pulwiler; which was read twice by its title, and re- 
ferred to the Committee on Claims. 

Mr. FAULKNER introduced a bill (S. 2865) authorizing the 
construction of a building for the accommodation of the United 
States Patent Office; which was read twice by its title, and, with 
the accompanying papers, referred to tho Committee on Public 
Buildings and Grounds. 

Mr. PERKINS introduced a bill (S. 2866) granting a pension 
to E. C. Trowbridge; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. COCKRELL introduced a bill (S. 2867) for the relief of 
Mis. Mary L. Roderick; which read twice by its title, and re- 
ferred to the Committee on Pensions. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 

TOWLES, its Chief Clerk, announced that the House had passed 

the following bills: 

A bill (S. 18) for the relief of Edward S. Armstrong: and 

A bill (S. 440) to authorize the construction of a bridge across 

the Missouri River, between the city of Chamberlain in Brule 

County and Lyman County, in the State of South Dakota. 



1892. 



CONGKESSIONAL EECORD— SENATE. 



3033 



The message also announced that the House had passed with- 
OMt amendment the following concurrent resolutions of the Sen- 
ate: 

A resolution to print 8,000 copies each of the eleventh and 
twelfth annual reports of the Director of the Bureau of Eth- 
nology; and 

A resolution to print 50,000 copies of the eighth and ninth an- 
nual Reports of the Bureau of Animal Industry for the years 1891 
and 1892. 

ENROLLED BILL SIGNED. 

The message further announced that the Speaker of the House 
had signed the enrolled bill (S. 2056) to repeal the provisions of 
in act entitled ''An act to amend sections 4488 and 4489 of the 
Revised Statutes, requiring life-saving appliances on steamers," 
approved March 2, 1889, so far as they relate to steamers jjlying 
exclusively upon any of the lakes, bays, or sounds of the United 
States; and it was thereupon signed by the Vice-President. 

WITHDRAWAL OP PAPERS. 

On motion of Mr. DAVIS, it was 

Ordered, That the paper.s on flle in the office of the Secretary of the Senate, 
In the case before the Committee on Claims, In the Fiftieth Congress, of H. 
K. Belding, be, ami the same are hereby, withdrawn, there having been no ad- 
verse report thereon. 

PURCHASE OF SILVER BULLION. 

Mr. TELLER submitted the following resolution; which was 
considered by unanimous consent and agreed to: 

Jiesolved, That the Secretary of the Treasury be, and he is hereby, directed 
to furnish the Senate with a statement of the amount of silver bullion of- 
fered to the Government each month since the passage of the act approved 
July 14, 1890, entitled "An act directing the purchase of silver bullion and the 
issue of Treasm'y notes thereon, and for other purposes," under the provi- 
sions of said act, and by whom and at what prices; and also the amoimt of 
silver btiUion purchased each month during said period, and from whom 
and at what place, and the prices paid therefor; the number of days given 
Buch seller or person offering silver for sale in which to deUver the silver. 

SANITARY CONDITION OF THE CAPITOL. 

Mr. VEST submitted thcfoUowingresolution; which was read: 

Jiesolred, That the necessary expenses incurred by the Committee on Pub- 
lic Buildings and Grounds in making the examination of the sanitary condi- 
tion of the Capitol, and especially the structm'e recently bullion the terrace 
of the Capitol, and the tunnels through which the air is pumped through 
the two wings of the buildings, etc., adopted March 2'i, 1893, be paid out of the 
contingent fund of the Senate. 

The VICE-PRESIDENT. The resolution will be referred to 
the Committee to Audit and Control the Contingent Expenses of 
the Senate. 

Mr. VEST. I ask for its present consideration. 

Mr. HARRIS. I suggest to the Senator from Missouri that I 
think under a statute such resolutions must go to the Commit- 
tee to Audit and Control the Contingent Expenses of the Sen- 
ate. 

Mr. VEST. Let it go, then, to the Committee on Contingent 
Expenses. 

The VICE-PRESIDENT. The resolution will be so referred. 

PERSONAL EXPLANATION. 

Mr. STEWART. Mr. President, I ask leave to have business 
suspended for a moment while I make a short statement. 

I find, in the New York Evening Post of April 5, 1892, a list of 
mortgages in Alameda Couuty, Cal., made to me, wherein it is 
charged, and I suppose truthfully, that they contain an obligation 
to pay in gold coin. 

These mortgages to me resulted from several sales made at 
auction through a fii-m of brokers in San Francisco, Easton El- 
dridge & Co., in the usual way, and wore made for deferred pay- 
ments. The mortgages undoubtedly were made on the ordinary 
blanks used in that country. I never examined the mortgages 
myself. I signed some of the deeds, but most of the deeds, how- 
ever, were signed by my agent. Undoubtedly in making the 
mortgages the ordinary printed form was used, which contained 
an obligation to pay in gold. That has existed since about IS(i !, 
when there was jjasted in California what was known as the spe- 
cific contract law, by which the gold standard was maintained 
during the war. Greenbacks, as they are called. Treasury notes, 
never circulated on the Pacific coast previous to the resumption 
of coin payments. In conserpience of that specific contract law 
all the printed forms for mortgages and notes contain an obliga- 
tion to pay in gold, and I presume my agent used the ordinary 
form in taking mortgages. I have no doubt of that at all, 
though I gave no directions in regard to it. I do not recollect 
that I ever saw one of the mortgages, but take for granted they 
were the usual forms. That is the established practice there, 
as is well known on that coast. 

Mr. HALE. The Senator will see to it that no such forms of 
mortgage are used hereafter. [LauglUer.] 

Mr. STEWART. I shall see to it, because money is so scarce 
now that I shall be glad to get any kind of legal-tender money. 



This business was conducted without any directions from me, 
and in the usual form of doing business there. I have always 
been opposed to the specific contract law, as is well known, 
and believe that it was always a great detriment to the Pacific 
coast. During the war, and for years afterwards, until the re- 
sumption of specie payments, immigration to that country was 
absolutely shut out because the people would not stand the dis- 
count in taking their money from here and investing it there. 
It even kept travelers away. For a time a man who had $100 
had to I'educe it to $50 when he got to California. I have al- 
ways been opposed to that law, but the business referred to in 
this article has been done in the usual way, for which I am not 
responsible, and I make no apology. 

Mr. PELTON. You still survive. 

Mr. STEWART. Yes; I still survive, notwithstanding I have 
seen some hard times. 

PRESIDENTIAL APPROVALS. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of his secretaries, announced that the Presi- 
dent had on the Gth instant approved and signed the following 
acts: 

An act (S. 808) establishing a port of delivery at Des Moines, 
Iowa; 

An act (S. 2.'!15) to protect foreign exhibitors at the World's 
C!olumbian Exposition from prosecution for exhibiting wares pro- 
tected by American patents and trade-marks; and 

An act (S. 2(143) changing the time for holding the circuitand 
district courts in the district of West Virginia. 

DISTRICT APPROPRIATION BILL. 

The VICE-PRESIDENT. Is there further morning business? 
If not, that order is closed and the Calendar under Rule VIII is 
in order. 

Mr. ALLISON. I move that the Senate proceed to the con- 
sideration of the bill (H. R. 6746) making appropriations to pro- 
vide for the expenses of the Government of the District of 
Columbia for the fiscal year ending June 30, 1893, and for other 
purposes. 

The motion was agreed to. 

Mr. CALL. I ask the Senator from Iowa to consent to allow 
me to call up for consideration a pension bill to grant a pension 
to a very old man. It is a very meritorious case, and 1 think 
will only require the reading of the bill. It was favorably re- 
ported by the committee yesterday while I was absent. The 
man is nearly 90 years old. 

Mr. CAMERON. Mr. President 

The VICE-PRESIDENT. Does the Senator from Iowa yield 
to the Senator from Pennsylvania'? 

Mr. ALLISON. I will yield for an inquiry, to see what the 
Senator desires. 

Mr. CAMERON. I was about to make a motion that the Sen- 
ate proceed to the consideration of executive business. I did not 
know that the morning business had been finished. I intended 
when it was completed to ask the Senate to proceed to the con- 
sideration of executive business, hut it seems that the Senator 
from Iowa made a motion to take up the "District appropriation 
bill. 

Mr. ALLISON. Does the Senator desire to make some other 
motion'? 

Mr. CAMERON. I desire to make a motion to go into execu- 
tive session. I have been wanting to do that for a week past, but 
the Indian appropriation bill was delayed so long that I put it 
otV until now. 

Mr. HOAR. Why not wait until after the District appropria- 
tion bill is concluded'? 

Mr. CAMERON. The executive session will probably take 
some time. It will be a long session. 

i\Ir. ALLISON. I hope the Senator from Pennsylvania will 
not interpose that motion at this moment. I desire very much, 
I will say to the Senator and to the Senate, for reasons that are jier- 
sonal to myself, to dispose of this appropriation bill, and in addi- 
tion to that the public business, I think, would be best promoted 
by going on with the bill now. 

Mr. CAMERON. I have no objection to the appropriation 
bill being considered to-day, but I now give notice to the Senate 
that to-morrow immediately upon the conclusion of the morning 
business 

Mr. ALLISON. Or immediately after the appropriation bill 
is disposed of, I suggest. 

Mr. CAMERON. No, I do not want to do that. I want the 
executive session early in the day. I shall make tlie motion to- 
morrow morning immediately upon the completion of the morn- 
ing business. 

Mr. ALLISON. Very well. Then I hop,; Ihs Senate will sit 
with me until we can conclude this bill to-day. 

I ask the Senator from Florida [Mr. C.iLL] not to interpose 



3034 



CONGEESSIONAL RECORD— SENATE. 



Aphil 7, 



this morning. I think we can finish this bill to-day if we go on 
carefully with it. 

The S'onate. as in Committee of the Whole, proceeded to con- 
sider the bill (H. R. 6746) making appropriations to provide for 
the expenses of the government of the District of Columbia for 
the fiscal year ending Juno 30-, 1893, and for other purposes; which 
had been reported from the Committee on Appropriations with 
amendments. 

Mr. ALLISON. I ask that in the consideration of the bill the 
formal reading be dispensed with and that the amendinonts 
of the Committee on Appropriations may be first disposed of and 
acted on as the reading progresses. 

The VICE-PRESIDENT. That course will be pursued If 
there be no objection. 

The Chief Clerk proceeded to read the bill, and read to line 
21 , on page 2. 

Mr. ALLISON. On behalf of the committee, I move to strike 
out all after the word "dollars'' in line 21 down to and includ- 
ing the word "dollars'' in line 22, being the words: 

Three laborei-s. at $1 per daj- eacii, 8>9S9. • 

And to insert: 

One laborer, at $1 per day, S313; two laborers, at $360 each, S720. 

The amendment was agreed to. 

The reading of the bill was resumed. The first amendment of 
the Committee on Appropriations was, in the api)ropriati<5ns 
"for salaries and contingent expense's, executive office," in sec- 
tion 1, on page 3, line 3, before the word "assistant," to strike 
out "two" and insert "three;" so as to read: 

Three assistant inspector.s of plumbing, at $1,000 each. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 3, line 6, to in- 
crease tlie total amount of the appropriations "for salaries and 
contingent expenses,'' executive office, from "$44,047 "to "45- 
047." 

Mr. ALLISON. I move to strike out " forty-seven " before 
"hundred" and to insert "one hundred and forty-one:'' so as to 
I'oad " $4."),141,"' to agree with the amendment just adopted. 

'The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The roading of the bill was resumed. The next amendment of 
the Committee on Appropriations was, in the appropriations "for 
assessor's office," in section 1, on page 3, line 8, after the words 
"assistant assessors," to strike out " until January 1,1893, at the 
rate of," and insert "at;" so as to read: 

For assessor's ofllce; tor one assessor. $3,000; llu'ee assistant assessors, at 
$2,500 per annum each. 

The amendment was agreed to. 

The next amendment was, in the same Clause, in section 1, on 
page 3, line 20, after the word "law," to insert "in the assess- 
ment of real and personal property;" so as to read: 

And perform such other duties as may be assigned to them by tlie assessor 
not Inconsistent vnlb. existing law in the assessment ol real and iwrsonal 
property. 

The amendment was agreed to. 

The next amendment was in the same clause, in section 1, on 
page 3, lino 23, after the word "dollars," to insert: 

Two clerks, at $1,400 each. 

The amendment was agreed to. 

The next amendment was. in the same clause, in section 1, on 
page 3, line 24, after the word "each," to strike out "one clerk, 
$1,'200,'' and insert " two clerks, at $1,200 each." 

The amendment was agreed to. 

The reading of the bill was continued to line 7, on page 4. 

Mr. ALLISON. In line 6, on page 4, 1 move to strike out the 
words " and messenger;" so as to read, "one clerk, $900." 

The amendment was agreed to. 

The next amondmentof the Committee on Appropriations vjas, 
in section 1, on page 4, line 7, to increase the total amount of the 
appropriations " for assessor's office " from " $22,250 " to " 30,000." 

■The amendment was agreed to. 

The next amendment was, in section 1, on page 4, line 11, after 
the word " dollars," to strike out " four " and insert "two;" in 
line 12, after the word "each," to strike out " three " and insert 
"two;'' in line 13, after the word "each," to insert "one clerk 
and bank messenger, $1,000;" and inline 15, after the 'word " all,'' 
to strike out "seventeen" and insert " fourteen;" so as to make 
the clause read: 

For collector's office: For one collector, $4,000; one cashier. $1,800; one 
bookkeeper, $1,600; fno clerks, at $1,400 each; two clerks, at $1,200 each; one 
clerk and bank messenger, $1,000; one messenger, $600; In all, $14,200. 

The amendment was agreed to. 

The next amendment was in the appropriations " for auditor's 
office," in section 1, on page 4, line 22, after the word " each " to 
insert " one clerk, $1,000." 



The amendment was agreed to. 

The next amendment was, in section 1, on page 5, line 20, to 
increase the total amount of the appropriations " for auditor's 
office" from "$16,700" to "$17,700." 

The amendment was agreed to. 
' The next amendment was, in the a]ipropriations " for engineer's 
office," in section 1, on page 6, line 17, after the word "each," to 
insert: 

One olerl: and steuogi-apher. $1,000. 

The amendment was agreed to. 

The next amendment was. in the same clause, in section 1, on 
page 6, line 24,, after the word "dollars," to insert; 

One general inspector of .streets, $1,800. 

The amendment was agreed to. 

The next amendment was, in the same clause, in section 1, on 
page7, line 2, after the word "dollars," to strike out "one in- 
spector of lamps, at $900,'' and insert " two inspectors of lamps, 
at$!iOO each." 

The amendment was agreed to. 

The next amendment was, in the same clause, in section 1, on 
page 7, line 13, to increase the total amoimt of the appropriations 
"for engineer's office '' from "$41,530 " to "$45,230." 

The amendment was agreed to. 

The next ameudment was in section 1, on page 9, line 15, after 
the word " exceeding," to strike out " three " and insert " four; " 
so as to read: 

That the register of wills of the District of Columbia shall not, hereafter, 
retain of the fees and emoluments of his otflce for his personal compensa- 
tion, over and above liis necessary clerk hire and the incidental expenses of 
hLS office, certified to by the supreme court ol the District of Columbia, or by 
one of Its justices ai)i)ointed by it for that purpose, and to be audited and al- 
lowed by the proper :ieeounting officers of the Treasury, a sum exceeding 
Jyl.OOO a j'ear or exceed ini,' that rale for anytime less than a year; and the 
sm-plus of stich fees aud emoluments shall ba paid into the Treasury to the 
credit of the District of Columbia. 

The amendment was agreed to. 

The next amendment was, in the same clause, in section 1, on 
page 9. line 19, after the word "clei-ks,"to strike out "copy- 
ists:" in line 20, after the word "increased," to insert " except 
that additional cojiyists may be employed for temporary service 
as the necessities of the olti'ce may require;" in line 23, after the 
word " salary," to insert " or compensation;" in the same line, 
before the word " clerks," to strike out "said" and after the 
word "clerks,'' to strike out the word " cojiyists:"' and in line 
24, after the word " salaries," to strike out " rates" and insert 
"or compensation:" so as to read: 

J'roi'ideil. That the number of clerks and others employed in the office ol 
the register of wills shall not be increased, except that additional copyists 
may be employed for temporary service as the necessities of the office may 
require, nor shall the salary or compensation of clerks .and others be in- 
creased beyond the salaries or compensation paid during the fiscal year 1891. 

The amendment was agreed to. 

The next amendment, was in section 1, on page 10, Une 1, after 
the date "1891,'' to insert the following proviso: 

Prorldedfurlher, That a deputy register of wills, at a salary of $1,500, to be 
paid o\it of such fees and emoluments, is hereby authorized to be appointed 
by the register of wills, who sha! 1 hereafter, in the necessary absence or in- 
;U)ility of the register from any cause, perform his duties without additional 
compensation. 

The amendment was agreed to. 

The next amendment was, in section 1. on page 10, line 15, after 
the word "exceeding," to strike out "three thousand and six 
hundred" and insert "four thousand;" so as to read: 

Th;it the recorder of deeds of the District of Columbia shall not hereafter 
retain of the fees and emoltunents of his olHce for his personal compensation, 
over and above his necessary clerk hire and the incidental expenses of his 
olilce. certified to by the supreme court of the District of CoUunbia, or by one 
of its justices, appointed by it tor that purpose, and to be audited and allowed 
by the proper accounting officers of the Treasury, a sum exceeding $4,000 a 
year, or exceeding that rate lor any time less than a year, aud the surplus of 
such fees and emoluments shall be paid into the Treasm'y to the credit of 
the District of Coltimbia. 

The amendment was agreed to. 

The next amendment was, in the same clause, in section 1, on 
page 10, line 19, after the word "clerks," to strike out " coiiy- 
ists;'' in line 21, after the word •' increased,'' to insert " except 
tliat additional copyists may be employed for temporary service 
as the necessities of the office may require;" in line 23, after the 
word "salary," to insert " or compensation:" in the same line, 
before the word "clerks," to strike out "said;" in line 24, after 
the word "clerks," to strike out "copyists:'' in line 25, before 
the word " paid," to insert " or compensation;'' and on page 11, 
line 1, after the date " 1891,'' to insert "and the salary of the 
aeputy recorder of deeds shall hereafter be $1,800 per annum;" 
so as to make the clause read: 

Proeirled, That the numl»r of clerks aud others employed in the office of 
the recorderof deeds shall not be increased, except that additional copyists 
m;iy be employed for tempor;iry service as the necessities of the office may 
reci'irire, nor shall the salarv or compensation of clerks and others be increased 
beyond the salaries or compensation paid during the fiscal year 1881, and the 
salary of the deputy recorder of deeds shall hereafter be $1,800 i>er annum. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3035 



The amendment was agreed to. 

The next amendment was, in section 1, on page 11 , line 5, to in- 
crease the appropriation for compensation of " superintendent of 
charities" from "$2,500" to "$3,000." 

The amendment was agreed to. ' . 

The next amendment was, in the appropriations for '' contiu- 




Bert office of superintendent of charities;" and in line 19, before 
the word, " thousand," to strike out " twenty-four and insert 
"twenty-five;" so as to make the clause read: 

For coutingent expenses of the government of the District of Columbia, 
namely For printing, checks, hooks, stationery, detection of frands ou tlie 
revenue, repairs of market houses, painting, binding, rebinding, repairing, 
and preservation of records, maintaining and keeping in good order the lab- 
oratory and apparatus In the olBces of the inspector of gas and meters and 
Inspector of asphalt and cement, damages, care of horse.3, not otherw-lse 
provided for, horseshoeing, fuel, ice, gas, repairs, insurance, repairs to pound 
and vehicles, and other general necessary expenses of District offices, includ- 
ing the siulung-tmid olilce. office of superintendent of charities, health de- 
partment, and police court, JS.OOO; and the Commissioners shall so appor- 
tion this sum as to prevent a deflciency therein: Provided, That hor.ses and 
Tehicles appropriau-d lor in this act shall be used only for official purposes. 

The amendment was agreed to. 

The next amendment was, in section l,on page 12, after line 
9, to insert: 

Forwent of attorney's office, SIOO. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 1.3, to strike 
out the clause from line 1 to line 11, inclusive, as follows: 

That whoever intends to present to Congress a petition or bill for an act of 
Incorporation, or for an alteration or extension of the charter of a corixira- 
tion in the District of Columbia, or for any special prirtleges in said District, 
sh.aUgive notice of such intention by publishing a copy of the petition or 
bill at least once a week for four successive weeks, in a newspaper published 
In the District of Colimibia, the last of said publications to be made at least 
fourteen days prior to the presentation of such petition or bill. Such news- 
paper shall "be designated by the petitioner and aijproved by the Commis- 
sioners of the District of Columbia. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 1.3, line 15, be- 
fore the word "dollars," to strike out "five thousand live hun- 
dred," and insert " eight thousand; "so as to make the clause 
read: 

For advertising notice of taxes in arrear July 1, 1891, as required to be 
given by act of March 19, 1890, it8,000, to be reimbursed by a charge of $1.20 
lor each lot or piece of property advertised. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 13, in line 23, 
after the word "taxes," to insert "on real property;" and in 
line 24, before the word "thousand," to strike out "one" and 
insert " two;" so as to make the clause read: 

To enable the assessor tocoutinue account of arrears of taxes on real prop- 
erty due the District of Columbia, including the payment of necessary cler- 
ical force, *3,000. 

The amendment was agreed to. 

The next amendment was, in the appropriation for "improve- 
ments and repairs," in section 1, on page 14. line 10, before the 
words " hundred thousand, " to strike out " two "and insert " four;" 
so as to make the clause read: 

IMPKOVEMENTS AND REPAIRS. 

For work on simdry streets and avenues named iu Appendix Cc, Book of 
Estimates, for the fiscal year 1893, $400,000, to be expended iu the discretion of 
the Commissioners upon streets and avenues speciUed in the schedules named 
In said appendix and in the aggregate for each schedule as stated herein, 
namely, etc. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 14, line 15, 
to increase 4he appropriation for "Georgetown schedule" from 
"$18,000" to "$36,000." 

The amendment was agreed to. 

The next amendment was, in section 1, on page 14, line Ifi, to 
increase the appropriation for "Northwest section schedule," 
from " $73,150" to " $146,300." 

The amendment was agreed to. 

The next amendment was, in section 1, on page 14, line 19, to 
increase the appropriation for "Southwest section schedule," 
from "$27,220" to "$54,440." 

The amendment was agreed to. 

The next amendment was, in section 1, on page 14, line 22, to 
increase the appropriation for " Southeast ssection schedule," 
from "$38,070" to "$76,140." 

The amendment was agreed to. 

The next amendment was, in section 1, on page 14, line 24, to 
increase the appropriation for "Northeast section schedule," 
from "$48,560" to "$87,120." 

The amendment was agreed to. 

The next amendment was, in section 1, on page 15, line 2, after 
the word "dollars," to insert the following proviso: 

Provided, That the streets and avenues shall be completed in the order in 



which they appear In said schedules, except High street, so far as the amount 
of money herein appropriated shall suffice for the work, and the cost of 
■widening High street, named in the Georgctowni scheJule, shall be charged 
to the Georgetown and Teuuallytown Railway Conip:i.uy of the District of 
Columbia and collected from said comi)any iu the same manner as the ccst 
of laying do\\"n pavements, sewers, and other works, or repairing the same, 
lying between the exterior r.ails of the tracks of street railways, and for 
a distance of ~ feet from and exterior to such track or tracks ou e.ach side 
thereof, are collectible under the provisions of .section 5 of the act entitled 
"An act pro^•iding a permanent form of government for the DLstrict of Co- 
lumbia," ai>proved June 11, 1878; and the :ict of August 'ii. 1888, entitled "An 
act to incorporate the Gleortjetowu and Tennallytown Railway Company of 
the District of (::olumbia." is hereby altered and amended .'so as to authorize 
and require such charge and collection. 

Mr. MORGAN. I move to amend that amendment, in lino 6, 
by inserting, after the word "schedule," the words "one-half o£ 
which." 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. In line 6 of the amendment of the com- 
mittee, after the word "schedule," it is proposed to insert the 
words "one-half of which;" so as to read: 

And the cost of widening High street, named in the Georgeto^vu schedule, 
one-half of which shall be charged to the Georgetown and Tcnnallytotvn Hall- 
way Company, etc. 

The amendment to the amendment was agreed to. . 

The amendment as amended was agreed to. 

Mr. ALLISON. I ought to say in respect to this subject that 
when the committee had it under consideration they thought 
the whole of this expense should be charged to the Georgetown 
and Tennallytown Railroad Company. Since that time I have as- 
certained that the company has made absolutely nothing in the 
way of income, and as far as I am concerned I am willing to let 
the matter g-o. 

Mr. CULLOM. I hope it will be allowed, because my opinion 
is that the company is losing from $600 to $700 a month i-egularly. 

Mr. HALE. Mr. President, the thing that ought to be done 
is to require this company to take up its tracks and placj Ihcm 
where they will not be the constant nuisance and menace which 
they are to-day to everybody who travels this great thoroughfare 
into the country. The right whicii this company got ta spoil 
this road was gained in an insidious fashion, and some of us re- 
member that when wo returned to Washington one winter a few 
years ago the Tennallytown road had been ocouijied by this com- 
pany and its uses destroyed under a bill which none of us knew 
anything about. Since that time no man can send his family, 
his wife, or his children into the countiy by this road without 
the greatest danger of accident and loss of limb or life. 

The intent of these companies, Mr. President, is by constant 
importunities before the committees of the House and the Sen- 
ate to gradually absorb and occupy every avenue from this citj' 
into the country. They do not I'ecognize any public rights in 
these great thoroughfares, and the Senate has been remiss in 
its duty in not watching andguarding the public intei-ests against 
these corporations. I do not hold myself wholli' free from blame 
in this regard, although I have sometimes, as Senators may 
think, "in season and out of season," protested against the gob- 
bling up of the groat stre.^ts and thoroughfares leading into the 
country by these companies, but it goes on from year to j'oar, 
and although Washington is to be the great winter resort, the 
pride and .satisfaction and comfort of a great people, soon to be 
one hundred millions in numljer, we are going to be encircled 
by these street railroad corporations so that it wUl not be possi- 
ble for men or women or children to get into the country without 
great danger, as I have said, to life and limbfrom these railroads. 

Senators know that already there are schemes here for cutting 
oil the few avenues that remain to ourselves, to our friends, and 
otir constituents; that the determination is to occupy and pos- 
sess them all. I am glad to be able to say that the Committee 
on the District of Columbia has been awakened to the impor- 
tance of this matter, and is looking to these things, and I com- 
mend to the chairman of that committee, who is a vigilant bus- 
iness man, and who knows what business is, the necessity for 
eternal vigilance on his part against the encroachments of those 
corporations. If he does not look out these matters will be smug- 
gled through the committee, and will get throtigh the Senate 
and the House at hours when nobody is paying attention, and 
we shall find every year the rights of the public cui-taUed and at 
last destroyed. 

Now, this company is a chief sinner. It got its privileges and 
proceeded in a way that nobody knew anything about. It has 
got the most valuable franchise of all the rotuls that run into the 
countrj'. 

There are other roads that have put out thousands and lens of 
thousands and hundreds of thou.sands of dollars, who have been 
obliged to lay their tracks in such a way that it would not be 
unsafe to the public, because somebody had found out that the 
intention was to restrict them by amendments to their charters, 
which have to a degree prevented their doing this mischief: but 
this company has no such restriction. They went onto that road, 



3036 



CONGRESSIONAL RECORD— SENATE. 



Apeil 7, 



a great thoroughfare, and destroyed it, and now because for a 
short distance— what is the distance they are required to pave? 

Mr. STEWART. A little over a thousand feet. 

Mr. HALE. A little over a thousand feet, a fifth of a mile; and 
because, without having paid a dollar for their franchise and con- 
tributed nothing to the public revenues, we ask that they shall 
be compcUed to pave this thousand feet, which is only a small 
fractional part of their line, they come in with a declaration 
that they are not making money and that tliey only ought to 
pave half. Mr. President, they not only ought to be obliged to 
pave the whole of this, but they ought to be obliged to take their 
track up and lay it as some other companies that we have been 
watching and guarding are obliged to do. 

But nobody asks that; no committee reports that; and when an 
amendment is put on here compelling them to do this little pav- 
ing, all that they have over done for the public and all that they 
have ever paid, then we are beset and importuned by agents 
and lawyers and lobbyists lurking in the patliway of Senators, 
who clamor at their doors and meet them at their committee 
rooms and in the corridors, and Senators are persuaded to give 
way, to yield to them. 

Well, the Senate can do that, Mr. Pi'osident, if they choose. 
I have done my duty in informing the Senate what this situation 
is. If the Senate choose to give up to this company and cut the 
amount down which the committee reported this company should 
pay, I can not hinder it. I have done what I think is right in 
notifying the Senate, and I certainly, for one, shall not vote to 
reduce this amount one-half, whatever may be the action of the 
Senate. 

Mr. MORGAN. Mr. President, it has been about thirty years 
since the people in that neighborhood and on that road have been 
clamoring for some conveniences in the way of a street railroad 
leading from Georgetown out towards Rockville, in Maryland. 
Some gentlemen who had more intrepidity about this matter than 
they had money, I suppose, to back them with, induced a large 
number of citizens of this city to make contributions in the way 
of subscriptions to the stock forgetting this railway established. 
They came to Congress; they have been here twice; two bills 
have passed ui)on this subject, having gone before the Commit- 
tee on the District of Columbia and been thoroughly examined, 
and their charter has been amended since it was first granted, 
and no provision has been inserted of the kind that is now pre- 
sented on a bill of appropriations. 

Well, I think that after all this is rather a harsh way of leg- 
islation. The legislation of itself is simply destructive of the 
railroad. We have granted the privilege; these people have 
put their money in there; and now, upon a bill of appropriations, 
to take this subject up and give no chanc3 for consideration, and 
no chance to answer at all, and bring in an amendment of this 
kind to the bill, is harsh legislation. 1 think that the whole 
provision ought to gooff this appropriation billand go totheCom- 
mittee on the District of Columbia and let them investigate it. 

I am not prepared to accept the very earnest and intense state- 
ment of the Senator from Maine [Mr. Hale] on this question. I 
think the Senator is very widely mistaken about it. I think he 
is very much mistaken in respect of the men who are concerned 
in this road, or of their having in any degree or at any time in- 
sidiously got an act of Congress passed for their benefit. The 
truth is, they were making a very risky venture in putting any 
money in the enterprise at all. This matter has been twice in- 
vestigated by the Committee on the Distinct of Columbia. The 
company iiave got their charter, and this proposition is mei-ely 
to amend or repeal the charter on a bill of appropriations. 

Now, the company can live at one-half of this cost, but they 
can not live if they have to pay it all. It is pretty bloody sort of 
work to get a set of people to invest their money in a railway of 
this kind, and then come in on a bill of appropriations and de- 
stroy them, This is going to be the effect of it. I am informed 
that the railroad company can get along with one-half of this, hav- 
ing to tax their own pockets for the purpose of doing it, and hav- 
ing no chance to get it out of the community. 

So I think the Senator from Maine ought not to make the ob- 
jection after bringing in this amendment here. He ought to be 
satisfied with one-half now. If that is not enough, let the Com- 
mittee on the Districtof Columbia take up the subjectand amend 
the charter. That is the way to do it. The only power we have 
got over them is to amend it or repeal it, and let the matter come 
up in some form where these gentlemen can have a chance to be 
heard. 

The Senator complains that lobbyists and lawyers and friends 
of railroad schemes are around the Capitol. Who else have 
they got to represent them in this place? What government 
have they got to represent them? What voice have the people 
here got in any government of theirs? If the right of petition 
and the right to see Senators and to talk with them and explain 
to the Committee on the District of Columbia and the Committee 



on Appropriations is cut off from them, then they are helplesB, 
they have no chance to say a word or do anything. They can 
not make an appeal through any local authority at all. The 
local authorities in the city of Washington are not under the 
control of the people in the .slightest degree and not responsible 
to them. They sit in judgment uijon their rights and destroy 
them at will and pleasure; they carry out their own schemes 
and pui'poses of government doubtless with good intent, but at 
the same time it is a cruel method of administering law in an 
American community. 

I hope the Committee on Appropriations will not take upon 
itself now to amend all the charters of railway companies in the 
District of Columbia. I have noticed here in the last four or five 
years that whatever has been done in respect of the amendment 
of railroad charters or a change of plan, traction, and the like of 
that, has been done by the Committee on Appropriations, and 
we have to submit to it because we can not get any appropriation 
unless we take the wishes of that committee in regard to a pro- 
posed impr'ovement or the repeal or the amendment of a charter. 

So I think we ought to go moderately about this. While the 
Senator from Maine doubtless has some good reason for every 
Stat I'ment he has made here, I think it would appear that the 
men who are concerned in this I'ailroad are about as honorable 
a sat of men as there are in this country, just about as good as 
Washington City can afford, and if they have to be urgent and 
attentive to their interests it is only because they have got no 
other chance in the world of being heard. 

I hope the amendment will be allowed to stand. 

Mr. VEST. Mr. President, as a matter of course, whenever 
the District of Columbia appropriation bill comes up we have 
the same old discussion in regard to self-government here and 
corporations. It is hardly necessary to observe that there are 
two very distinct sides to this question. 

I never belonged to the class of legislators who believe that 
corporations deserve no consideration at the hands of Congress 
or Legislatures, but I believe they ouglit to be ti'eated exactly 
like i^rivate individuals, -made to observe the law, to assume 
their portion of the public burdens, and also receive their por- 
tion of the public benefits. But it seems to me that, in regard 
to this matter, it makes no difference what we say here in this 
bill; the railroads will do exactly as they please, and our expe- 
rience in the past shows it. 

Here is a provision that if the company do not comply with 
this law, the amount necessary shall be '•collectible under the 
provisions of section 5 of the act entitled 'An act providing a per- 
manent form of government for the District of Columbia, ap- 
jiroved June 11, 1878,"'' and the legislation in regard to laying 
down pavements, etc., between the e.xternal tracks of the rail- 
roads. I remember very distinctly some years ago that we had 
a protracted contest over the question of forcing these railroads 
in the city of Washington to ])ut their tracks down level with 
the surface of the streets, which is required in every other city 
in the United States, in order that their rails should make no 
obstruction to vehicles. It was finally passed here after a long 
debate, and I call the attention of the Senate to-day to the fact 
that the Belt Lino in this city has paid no more attention to it 
than if the act had never been passed. 

Two of the raili'oad companies have complied with it so far as 
I know, but the Belt Line, that runs entirely around the city, so 
far as my knowledge extends — and I ride u]5on it every day going 
to and coming from my residence — has paid no more attention 
to it than if Congress had never passed the law, and the officers 
of the Districtof Columbia have made no attempt, so far as I am 
informed, to enforce the law at all, just as if, in so many words, 
they were saying the railroad company cares nothing for an act 
of Congress, and will do as it pleases. My experience teaches 
me that they do not propose to obey the law unless they see 
|)r'oper to do it. 

If we continue in this line of legislation, as I have noticed hei-e 
for the last ten years, there will not baa street m this entire city 
that will not be in possession of some railroad company. The 
chairman of the Committee on the District of Columbia informed 
me this morning that there were over twenty bills now pending 
before that committee for constructing street railroads here, all of 
them spaculative enterprises, and the railroad tracks propossd to 
be laid down upon streets from 30 to 32 feet wide, where the con- 
struction of such railway tracks absolutely destroys the street 
for any other ]iurposes than the purposes of the railroa^d, making 
px'operty upon both sidesof it almost untenantable; and yet these 
bills slip through Congress in some sort of way, and the first 
thing those of us who own property here or live here know is 
that we wake up some morning and find the street torn to pieces 
and a railroad being constructed of which we never heard before. 
So it seems to me that it is "mereleather and prunella "wheth'-r 
we pass this provision of the present bill or not. 

I shall take the course indicated by the Senator from Maine 



1892. 



CONGRESSIONAL EECORD— SENATE. 



3037 



[Mr. Sale], with my present information, being under the im- 
pression that the railroad company afterwards, no matter what 
we do, will do exactly what it pleases. 

Mr. HALE. Does not the Senator think it is worth while for 
the Senate, before adopting that fatalistic view, to make a few 
^ore efforts, or one more effort ^at least, to see if we can not 
stand up against the corporations? 

Mr. VEST. I will stay with the Senator from Maine to the 
last ditch, but I do not expect any other result than what we have 

bad. , ,r. . r«,r 

Mr. CULLOM. I agree with the Senator from Missouri [Mr. 
Vest] and with the Senator from Maine [Mr. Hale] on the ques- 
tion of legislation. I desire to say that on one occasion since the 
road in question has been built, I became very much outraged 
by finding myself involved almost in a runaway with a carriage 
team, on account of an electric car on that road. I felt that cer- 
tainly the track had been put there without authority. I could 
not imagine that the Congress of the United States would de- 
liberately pass a bill authorizing any railroad company to put a 
track down in the middle of the ordinary traveled road. Hence 
I felt that the railroad company was greatly to blame for the 
condition; but on inquiry and examination it turned out that we 
had authorized all this, and if there is anybody to blame about 
it it certainly is the Congress of the United States. I have two 
of the acts which have been passed— I do not know whether these 
are all or not— first the act incorporating the Georgetown and 
Tennallytown Railway Company of the District of Columbia. 
After reciting the names of the corporators, the act proceeds: 

Ci^eated a body corporate under the name of the Georgetown and Ten- 
nallytown Railway Company of the District of Columbia, with authority to 
construct and lay down a singli- (ir di.iible traclt railway, with neci'ssary 
switches, turn-outs, and other iiiiT}ianiial devices for operatmg the same by 
cable or electric power for carrying i)assengers in the District of Columbia. 
from the Potomac River near High street, to, and along High street in 
Georgetown to the Tennallytown road, but wholly outside of the limits of 
said road, and along the side of the said road to the District line. 

Now, whether the track was put down under that act or under 
another act that was passed on the 24th of March, 1890, 1 am not 
advised. 

Mr. ALLISON. Will the Senator yield to me a moment? 

Mr. CULLOM. Yes. 

Mr. ALLISON. The original act from which the Senator has 
just read provided for a track on High street. High street is a 
very narrow street, the roadway between Georgetown and Ten- 
nallytown. 

Mr. VEST. What is the width? 

Mr. ALLISON. It is a very narrow street. I do not remem- 
ber what is the width of it. I do not think it exceeds 60 feet, 
perhaps not over 5-1 feet. It is a narrow street, extending en- 
tirely through the city of Georgetown and beyond that to the 
summit of the hill, where it intersects the Tennallytown road. 

By that first act the company was authorized to build in the 
middle of that street or anywhere they saw proper, and they did 
construct a railroad in the center of the street until thoy reached 
the Tennallytown road. Then the original act required that 
when they reached the Tennallytown road, they should build 
their track outside of the Tennallytown road. The subsequent 
act which the Senator from Illinois now has in his hand, was 
passed on the 24th of March , 18y0, which authorized them to build , 
not outside of the Tennallytown road, but in the Tennallytown 
road. So the charter was modified in their interest from the 
point of intersection of High street and the Tennallytown road. 

The point in question here is a little portion of the i-oad be- 
tween the Tennallytown road and the city of Georgetown, wherein 
the Commissioners of the District of Columbia have discovered 
that, as a matter of fact the road is, as they believe, 120 feet 
wide, but it is fenced up, so that it is a narrow lane. Now, the 
Commissioners of the IJistrict of Columbia desire to widen so 
much of High street as will bring High street to the point of 
Thirty-fifth street, which is now a paved road through its entire 
length, a road that has asphalt up to the point where this inter- 
section is proposed by this amendment. It will cost a consider- 
able sum of money to widen that road, and the Committee on 
Appropriations believed, after such examination as they wore 
able to give it, that the Georgetown and Tennallytown Railroad 
Company should pay the whole e.\pcnse, because they had placed 
their tracks in such a way as to destroy this road practically, as 
they have. 
Mr. MORGAN. They placed the track according to lav. 
Mr. ALLISON. Undoubtedly the law authorized therti to do 
just what they have done. 

Mr. HALE. The Senator will bear in mind that in the organic 
law specific jirovision is made that the charter may be changed 
at any time. 
Mr. MORGAN. I know that. 
Mr. CULLOM. 1 have only a word more to say. 



Mr. ALLISON. I beg the Senator's pardon. I believe he has 
the floor. 

Mr. CULLOM. It is all right. The chairman of the commit- 
tee has said much of what I intended to say myself, and has said 
it better than I could have done, and I am very glad of it. 

I confess when this subject was up in committee I voted that 
the railroad company should pay the whole cost of that provi- 
sion in the bill, but I was not as familiar then with the law that 
controlled the subject under which the tracks were built as lam 
now. I confess that it would seem to me a little hard, perhaps, 
for a company that has not violated any law that I know of, and 
which is losing money, as this company seems to bo doing, to be 
required to incur tho whole expense provided in the. amendment 
reported by tho (_'ommitteo on Ai)])ropriations; and while I shall 
go with the committee, I am perfectly willing myself that the 
Senate shall adopt the amendment proposed by the Senator from 
Alabama. 

Mr. MORGAN. Mr. President, the Senator from Missouri 
[Mr. Vest] has a general complaint to make about railroad leg- 
islation and railroad procedure here in this town. I expect it 
is very just; but at tho same time a greatdoal of tho fault of this 
matter rests upon Congress, and I do not know but that the whole 
of it rests upon Congress. But the Senator from Missouri, I 
think, has not stated, and perhaps he will not state, that this 
railroad company has not complied exactly with the statutes of 
the United States upon this question. 

If the people who took stock in the railroad company to enable 
the company to build the road had known that Congi-ess, after 
the railroad had been laid down, would place upon that company 
or upon that road a burden which would be impossible for it to 
bear, they certainly never would have put their money in there; 
and it is the people who have built the railroad by taking stock 
and paying for their subscriptions who are aft'ected by tliis leg- 
islation. It is very harsh and very wrong. It is true we have 
the power to amend or repeal this charter, and this provision in 
this appropriation bill proposes to do that. But we know that 
that is not a fair way of proceeding, to repeal charters or to 
amend charters. Men have no notice; they can not bring for- 
ward the facts or the circumstances to the attention of the proper 
committee, the Committee ou the District of Columbia, to look 
into this matter and to ascertain what were all the circum- 
stances. 

Now, I am not advised, while I am advocating this amend- 
ment, whether this road, or any part of it, is upon an embank- 
ment, or whether it is through a cut, or on a level. My impres- 
sion is that that part of High street, in the center of the street! 
through which this road passes, according to the provision ofi 
the act of Congress, is precisely in the location we authoriz(^ 
the company to put it. Tho widening of a street, either by mj 
ing a deep cut or a fill is a very difficult work, and I am not afer- 
tain but both have to be done. Perhaps some Senator can in- ' 
form me about that. 

Mr. McMillan. Mr. President, I have given this matter 
some little attention; in fact I introduced a bill here for the open- 
ing of Thirty-seventh street for the purpose of enabling people 
driving in carriages with their families to escape this dangerous 
track that had boon built there on High street. When the chair- 
man of the Committee on Appropriations spoke to me about the 
arrangement which he proposed to make to widen this street so 
as to connect with Thirty-fifth street and avoid to a great extent 
the travel on this narrow part of the road, I thought it was a 
very fair proposition to ask this company to pay this small 
amount. It is only for a short distance, and it does not affect 
their main line down in the city. It can not cost a great deal of 
money. The charter is a very valuable charter, ami, though the 
road may not pay now, it will pay hereafter. 

Mr. VEST. How much will it cost to do this work? 

Mr. McMillan. I can not tell exactly, because tliey have to 
widen the street, but there is no heavy work to bo done there. 
After this company obtained its charter, built the road on this 
narrow street and built the road up High street, they never fixed 
the street at all. but they left it just as it was. They n ■ ver lev,;led 
the street at all. The result is that a man driving there has to 
go right into a ditch to get rid of tho cars. It the company had 
treated tho public a little differently, leveled the road and made 
it possible for carriages to pass over it, I have no doubt the peo- 
ple of Georgetown and tho people of Washington would not have 
had so much fault to find with it. But now it is actually impas- 
sable. This piece of road provided for in the bill is not a very 
great distance. I do not think it will be a very great hardship 
for this company to bo asked to pay the expens3. 

Mr. MORGAN. I undei-stand under the provisions of the bill 
It will cost $2(),000. 

Mr. ALLISON. That is the estimate. 

Mr. MCMILLAN. I would say in that connection that the 
District Committee have decided that hereafter these country 



3038 



CONGRESSIONAL EECORD— SENATE. 



Apeil 7, 



roads shall be protected and that no compauy shall be chartered, 
if the committee can ijrevent it, unless it has its right of way en- 
tirely free from the roadway which has been laid out. 

Ui: HALE. That is rig-ht. 

Mr. CULLOM. I hope the District Committee wUl protect 
the streets somewhat, as well. 

Mr. McMillan. We are going to do that if we can. 

Mr. OULLOM. Tliat has not been done heretofoi-e. 

]\Ir. MORGAN. There is another question about this matter. 
The private owners, I am informed, on either side of this sti'eet 
have been permitted for thirty or forty years to encroach ujion 
it, and perhaps to the extentof 40 or 50 feet have appropriated the 
public land of the city of Georgetown to their own private pur- 
poses, and yet we find these men are to escape entirely from all the 
punishment which we are inllieting upon the Tonnally town liail- 
road, and the whole matter is to be dumped upon that corpora- 
tion, I suppose, because it is a corporation; but that corporation 
represents only the people of this District who have subscribed 
their money to it, and I insist again that it is a very greathard- 
^hip to require them to take upon themselves the whole expense 
of rectifying that which the Congress of the United States has 
permitted to take place there in the way of the encroachment of 
private owners upon that street. 

If the encroachments of these private owners had been re- 
moved, or if they had been compelled to go back to their proper 
lines heretofore, there would have been no difficulty, perhaps, 
about this street at all, but it would have been wide eaoug-h and 
good enough for the accommodation of the public. They are the 
people who brought this hardship upon the railroad company 
and upon the community. I think the committee ought to pro- 
ceed at least now on the line that I suggest, and if Congress 
think proper let them put one-half the expense upon this rail- 
road company, but let us see if, on a proper adjustment of this 
matter, the owners of the adjacent lots, who have made these en- 
croachments, ought not themselves to bear at least one-half of 
this burden. 

Mr. HALE. Mr. President, the Senator from Michigan [Mr. 
McMillan], who is chairman of the Committee on the District 
of Columbia, and largely intrusted by the Senate to see that the 
rights of the public are maintained, and also that the corpora- 
tions shall have their fair treatment, has told the whole story 
about this matter. 

Mr. MORGAN. He has not said anything about these encroach- 
ments of private owners on that road, I understand. Has the Sen- 
ator from Michigan made any mention of thatV 

Mr. MCMILLAN. No; I have not. 

Mr. MORGAN. That is a very important matter. 

Mr. HALE. The railroad cornpany, when it got this charter, 
which nobody would father, built the road in the most reckless 
defiance of public rights, ran its track thi'ough the center of the 
narrow street, and did not even look to the care and safety of the 
street. Whoever has gone along since over this way has been 
obliged to run into the ditch, as tlio Senator from Michigan has 
said. 

Now, it is found that this road, over which this company got 
its charter, has a width ample to protect the public. It is to be 
opened and paved, and all that is asked here is that this company 
with this valuable franchise shall do now precisely what, if any 
attention had been called to it at the time, it would have been 
compelled to do at first, that is, pave this street. Can anybody 
give any reason why it should not? 

All that has been said is that it seems hard that it should pay 
the whole, and that therefore we had better let u\i on it; because 
it is not making any money now that we should ask it to pay but 
half. If it is hard that these corporators should pay the whole, 
it is hard that they should pay half. They have got, as the Sen- 
ator from l^Iichigan has said, a very valuable franchise, and 
whetlier they are making money or not now, they were glad 
to put their money in there, and in the end it will bs one of the 
most valuable properties about Washington. 

Mr. MORGAN. I will state to the Senator from Maine that, 
while it may be true that it may hereafter bs verj' valuable jjrop- 
erty. it will be after these people have been driven out who are 
not able to hold it and pay $26,000, and a new compauy can come 
in and absorb this, and perhajDS that is the bottom of the whole 
business. 

Mr. HALE. Contrast the treatment which this company has 
had which is now impoi'tuning Congress that it shall not pave 
this little part of the road which it occupies — contrast its treat- 
ment with thai oE some other companies. When the Roek Creek 
Railroad Coni])any was charter.'d, ^\^e obliged that compan.y to 
find its own right of way, to condemn lands, to paj' the value of 
them, do its own grading, let the public streets alone, and gave 
them no avenues, and we put upon that company burdens of hun- 
dreds of thousands of dollars compared with what this company 
has liad to bear. 



Mr. MCMILLAN. If the Senator wUl allow me, the bridge 
alone that that company has built at Rook Creek must have cost 
$i:iO,000 or $140,000. 

Mr. HALE. I am obliged to the Senator. 

Mr. MCMILLAN. We granted a charter at the .last Congress 
to build a railroad from the other side of the Potomac at Arling- 
ton, near the Three Sisters, in which we compelled the company 
to build a bridge across the Potomac that will cost $200,000 at 
least. 

Mr. HALE. Precisely. Any one of these items that we have 
obliged other companies to expend in the way of- bridges will 
six times swamj) the little sum that is asked of this company 
now for paving this street which it has destroyed; and yet this 
company comes in and finds its advocates here to declare that 
it is hard that we should oblige it to jiay the whole of this sum 
of $2G,000, when we oblige other companies to build bridge after 
bridge, costing from $100,000 to $200,000 each. 

Mr. MORGAN. I wish to call the attention of the Senator 
from Maine to the concluding proviso in the act of March 24, 
1890: 

And provided further. That said railway shall be located on such side of the 
roadway as may he Indicated by the Commissioners ol the District of Colum- 
bia. 

The whole jurisdiction was placed in the hands of the Com- 
missioners. What have the Commissioners been doing? 

Mr. HALE. All of these acts have that provision. They fol- 
lowed the letter of the law. There is no doubt about that. As 
somebody has said here, why should we oblige this company to 
pay this money when they have not violated the law? They got 
this law through to the surprise of everybody, and nobody will 
father it. They then come in and want to take advantage of 
their own wrong. Undoubtedly the provisions of the hiU that 
Congress passed looked out for these people, because they drew 
the bill themselves; and it is no answer, when we are seeking to 
subject them, not to hardship but to an ordinary burden in the 
coiu-se of the transaction of public business, that we shall take 
this matter in hand, as we ai'e permitted to do by the terms of 
the act, and vary this charter at any time. 

It is to me a wonder, Mr. President — like the Senator from 
Missouri I ought to be more fatalistic and cease to wonder — that 
whenever any attemjjt is made to make a railroad corporation 
in the District of Columbia contribute its jjortion to the public 
burdens, it finds advocates here who declare it is not fair, when 
here ai'e a thousand feet or less of road that this company has 
heretofore ruined, which we seek to make it put in order, so 
that the public can travel over it, and Senators declare that it 
is hard on this com])any to oblige them to do it. 

Instead of discussing this question we ought to be discussing 
the question of whether this company shall not te obliged to take 
up its tracks entirely and find its roadway outside of the street, 
as we have obliged other com])anies to do. This has be.in a 
favorite company. No company h^s had the favors that this has. 
It was allowed to select its avenues, the choicest and best leading 
into the country, run its line through them, destroy their use, 
and oblige men to go oil' elsewhere so as to getout into the coun- 
try. Here is an opportunity to make the evil less, and this great 
company is asked to pave part of the roadway to the extent of 
twenty-five or twenty-six thousand dollars. 

Senators say it is hard to make them pay more than $13,000. 
I do not see the diflerence. It we are going to exempt this com- 
pany, if we are going to wait until they begin to make money, and 
do not ask them to pay anything until then, let us do all the pav- 
ing for them. If they are not paying dividends, when their 
track needs repairs, let Congress furnish the new rails, and if 
their funds are not enough to pay their officers and employes, then 
let Congress pay them, because it is hai-d for them to pay theii- 
emjiloyes! Let us help them! There is no end to this. The 
truth is it ought to end here. The company ought to be glad to 
to get off with paying this small sum. 

The Senator from Michigan, who is vigilant in looking after 
these things, and who knows all about this matter, voices his 
committee in saying what ought to be done here. I hope the 
Senate will stand by the action of the committee. 

Mr. MORGAN. I do not think that there is any more impro- 
jjriety in advocating what a Senator thinks is a just tiling on this 
floor than there is lor a Senator to get up here and lampoon Con- 
gress and plead the baby act on what we have enacted solemnly 
and deliberately. I think Congress is perhaps able to take care 
of the District of Cohunbia; at all events it has Ijeen compelled 
to do it very much against what I think is the best policy tx) be 
adopted in regard to the government of this city, at least the 
American policy, if not the best. 

The Committee on Appropriations seems to have taken charge 
of all this business of reforming all the laws of corporations, 
charters, and the like, in the District of Columbia. Why not 
leave it to the Senator from ^Michigan [Mr. McMillan] and his 



1892. 



CONGRESSIONAL RECOED— SENATE. 



3039 



committee, allow that matter to come before that committee, 
and let it have a fair investigation and debate on this floor with- 
out votinsj- it on appropriation bills? 

Mr. HALE. The Senator knows, by the rules of the Senate, 
that the question of appropriations for those streets, the paving 
of tliem, and all that, is found and settled upon the District ap- 
propriation bUl. 
Mr. MORGAK. Not always. 

Mr. HALE. That is the rule, and in this case the Committ<>e 
on Appropriations is backed up by the chairman of the Commit- 
tee on the District of Columbia. 

Mr. MORGAN. Let the chairman of the Committee on the 
District of Columbia bring his bill in hero and let us have a 
proper discussion of it without the embarrassment of its being- at- 
tached to an appropriation bill. That is the fair way to do the 
thing, not proposed to amend or alter the charter upon accusa- 
tions which, I am informed, are not correct. I am so informed 
by gentlemen of very high respectability, and I know personally 
many persons in this city have taken stock in this railroad com- 
pany because they thought it was a fair investment. It has never 
paid a cent of dividends, may never pay a cent of dividends, and 
the result of this legislation, I think, will be simply to break up 
this company and transfer it into the hands of some speculators. 
That is not infrequently done here. 

The harsh legislation of Congress prohibits men to make fair 
and just investments upon the merits of property like this, and 
proliibitsthem from enjoying the benefits of their investment by 
putting burdens upon them that they can not afford, by reason 
of which they are compelled to sell out tlieir stock, go into bank- 
ruptcy and liquidation, and the property passes into the hands 
of somebody else. 

This seems to be, according to the opinion of the Senator from 
Maine, a very vahiable corporation, and yet it ivill be in the 
hands of people who can not hold it if these enormous burdens 
are put upon it. Here is a judgment of condemnation; here is a 
fine, and nothing but a fine, imposed ui_ion this company for some 
dereliction that the Senator from Maine thinks he has discov- 
ered, perhaps when his carriage horses may have been scared in 
passing over this road. 

The Senator from ilissouri [Mr. Vest] is very much disti-e.^sed 
because some morning he may wake up and find a street-car line 
progressing through the city of Washington. That may be, Mr. 
President, but after all there" is nothing that contributes as much 
to the happiness and comfort and health and welfare of the com- 
mon population of this city and of thi' great number of visitors, 
too. who do not happen to have large sums of money in their 
hands, as this street-railway system. While it is a system to be 
regulated, it is nevertheless a system to be encouraged. 

It is the poor man's way of getting through the town, and 1 
think there is scarcely a road, not even that Belt Une that the 
Senator from Missouri says has its tracks above the level of the 
streets, that could be dispensed with without inconvenience to a 
very larg-e number of people who need this assistance. I have 
never seen a community in my life where there was as few enor- 
mously rich meu and such a vast mass of poor people as there 
are in Washington City. They are drawn here by the invita- 
tion of the Government to hold minor offices and the like, in the 
employ of the Government of the United States, to educate theii- 
children, etc., and we have a very large number of impecunious 
people^ They are an industrious people, a good people, for I do 
not b>_^lieve that the streets of any city of America, or in the 
world, present as little that is offensive to the iseople who pass 
along them at any time of the nig'ht or day as Washington City. 
According to the outside appearance of it, accordiBg to what 
happens here night and day, we would call it one of the bjst 
regulated. and one of the most moral cities m the world. There 
is no question of that. 

It is the most orderly city I ever saw. So then, in contribut- 
ing to the welfare and the happiness and the comfort of this peo- 
ple, we are not violating any of the great laws of government or 
the proprieties of legislation. Congress has to give due consid- 
eration to all these measures. This subject has been twici !).•- 
fore Congress, and these provisions have been put into the stat- 
utes with care, and I maintain that they have been put into th>jm 
■without lobbying and without any incorrect operations on the 
part of the persons interested. 

The fact is I do not believe any bill of this character or any 
bill of an^ other character jjasses through the Senate of the 
United States in consequence of its being lobbied. I have never 
seen a bill passed here that I thought had the least touch of dis- 
honesty about it, and it does not become us to get up here and 
plead that an act has been surreptitiously passed, then surrep- 
titiously amended, that lobbyists have been about, that Congress 
has been asleep, and that Senators have not been paying atten- 
tion to the public interests, have not been taking care of the gen- 
eral welfare of the people. I can not be induced to vote upon a 



hypothesis of that sort against or for any measure. I must take 
what is recorded in the statutes of the United States as having 
been honestly and honorably put there. 

These people have built there, they have spent their money 
upon the foundations that we have laid for them. Here are 
your Commissioners of the District of Columbia, wlio ai-e au- 
thorized expressly by the proviso to this last act of 1890, to in- 
dicate where this line of road shall bo put. Now, what have 
they been doing? I do not heai- that they are arraigned here 
for Wglect of duty. Doubtless their attention was called to this 
subject. Senators say that that provision is in every such bill. 
Mr. ALLISON. That discretion given to the Gommissionei*s 
applies to that portion of the road lying west of the junction of 
the TennaUytown road, and does not include the portion of the 
road that is now under debate. 
Mr. MORGAN. Well, Mr. Presidont,it I am incorrect about 

the part of the road to which this pi-oviso refers 

Mr. ALLISON. I am speaking about the act of the 24th of 
March. 1890. 

Mr. MORGAN. At the same time the Commissioners have 
made no complaint here of this company. They have had the 
duty resting upon them. I do not hear of any report of the 
Commissioners condemning it or saying that the company has 
placed the road in the wrong plave. that it obstructed the high- 
way or is imjieding travel. Nothing of that sort has been done, 
and I claim this is very harsh and sur])rising legislation. If this 
had come in the form of a bill reported and placed upon the Cal- 
endar, somebody would have attended here, evidence would have 
been produced to have brought the correct information before 
the Senate of the United States, but the first we hear of it, it 
orginates in the Appropriations Committee room. 

No amendment was offered to this bill in the Senate and sent 
to the committee, but it is the work of the committee itself, with 
no notice given, noopportunity for defense: and yet because I arise 
here and say in my opinion "this is harsh legislation and unjust 
in its character, the Senator from Maine rather impeaches me 
for b3ing always ready to cry out hardship in favor of a corpora- 
tion. 

No, Mr. President, I have as little to do with corporations as 
any man in the world. I have as much desire and have as fre- 
quently tried to put the hand of control ui)on them as any man 
in this body, according to my feeble abUity. I have been instant 
" in season'and out of season" to try to control the corpoi-ations 
hei-e. I have not been hand in glove with any of these great ar- 
rangements by which this city or any ])art of the United States 
is controlled, with national banks, or any of the plans of the great 
corporations of this countrj'. 

On the contrary, whUe 1 have been willing to do them justice, 
I have been in a sense inimical to them: that is to say, I have 
been always anxious that they should have no more pc«ver than 
was absolutely necessary to cai-ry on such part pf their functions 
as made for the genei-ai welfare of the people. I feel no embar- 
rassment in the world in getting up here and asking the com- 
mittee who have originated in this approin-iation bill this new 
measure of appeal, which has never been before the legitimate 
committee of the District of Columbia for a hearing— I feel no 
embarrassment in saying that this is a harsh fine to place upon 
a company that is unable to bear it, and I merely ask that the 
committee, with all their great powSrs. will have a little mercy, 
and at all events postpone one-half of this amercement, one-half 
of this fine, one-half of this penalty, until the subject can be 
looked into. I have only had an hour to study it, or less time 
even than that. At the' same time my information comes from 
sources that I do not discredit in the slightest degree. I be- 
lieve just as much in the statements made to me about this as in 
the statements of anyper.son in the world. 

Mr. HALE. Has the Senator the act from which he was read- 
ing a moment ago? 
Mr. MORGAN. I have. 

The PRESIDING OFFICER (Mr. Platt in the chair). The 
present occupant of the chair understands that the amendment 
proposed by the Senator from Alabama [Mr. Morgan] to the 
amendment of the committee was announced as agreed to. 
Mr. MORGAN. It was. 

The PRESIDING OFFICER. And the announcement was 
made that the amendment of the comraittoe as thus amended 
was agreed to. 

Mr. HALE. The discussion has proceeded upon the assump- 
tion that no vote had been taken. 

The PRESIDING OFFICER. If it is the desire of the Senate 
that the amendment of the committee shall be considered open, 
as well as the amendment of the Senator from Alabama, the 
Chair will so rule: otherv,^ise there is nothing before the Senate. 
Mr. HALE. The discussion has ju-oceeded, as T said , upon 1 bo 
assumption that the subject was still oj>en. 1 did not know that 
any vote had been declared. 



3040 



CONGRESSIONAL RECORD— SENATE. 



April 7, 



The PRESIDING OFFICER. If thero is no objection, the 
amendment of the Senator from Alabama will be regarded as 
pending to the amendment of the committee, and both will bo 
considered open. 

Mr. HARRIS. Both amendments remain open, the committee 
amendment and the amendment proposed to it. 

The PRESIDING OFFICER. It will ba so considered. 

Mr. HALE. Mr. President, this is no question between the 
people who use these roads and anybody else. The company has 
got its charter and built its road in a way that has been described, 
and now, as an incident to this privilege, finds not suddenly — for 
this company is not taken unawares; it is not fighting for the 
people— it finds, as an incident to the great privilege which it has 
got, that a certain portion of its track needs to be paved for the 
convenience of the whole public. There is no surprise to this 
company in this. This condition might occur at any time. The 
company all the time must take notice. If next year it should 
be found that another piece of the road that this company occu- 
pies needs to bo paved and the company has neglected to pave it, 
the Committee on Appropriations would have to put it on the 
bill, because by the rules of the Senate that committee takes 
charge of roads and appropriations for paving, and always decides 
what part shall be ]wid by the public and what part by the com- 
panies, what part by the nation and what part by the District. 

So there is no surprise here. I do not need to repeat and I do 
not want to repeat what has already been said. It is a small 
sum. It is not to be com])ared with what we put upon other com- 
panies. The company ought to be glad to get off as cheaply as 
this. 

Mr. FAULKNER. I will ask the Senator, who is a member 
of the Committee on Appropriations, whether there has been 
any consideration by that committee of the cost of this work and 
the probable effect upon this corporation if the entire amount 
of this liability is thrown upon it. 

Mr. HALE." The committee has no expectation or fear from 
its investigation that the payment of this small sum of anywhere 
from $15,000 to $25,000 (it lias been stated at $26,000, but I do not 
think it will cost that) will be any serious mischief to these peo- 
ple. It is not a large sum compared wltli their jilant and com- 
pared with their resources. It is not a burdensome thing. If 
we were putting a half million dollars on this company, or if we 
were obliging them to take up their tracks and find their own 
right of way, as the Rock Creek Company had to do, it mightbe 
said we were interfering with their existence and that we were 
seeking to stamp the breath of life out of the company; but it is 
not anything of that kind. 

It is an incident of their occupation and their privilege, and I 
notify the committee that next year if it is found that another 
portion of the road that they occupy ought to be paved, it is 
within the jurisdiction of Congress "to provide that they shall 
pave it. It will not be very hard if they have to do it. This 
other i-oad had to do all its grading, buy its land, and spend hun- 
dreds of thousand of dollars. It had to build bridges. They did 
not come in and ask that we should build them. They paid the 
bills. 

Mr. FRYE. Do you require here that they shall pave any- 
thing more than the i-oadway? 

Mr. HALE. Nothing more than in the midst of the street. 

Mr. FAULKNER. I thfnk the Rock Creek road, as the Sena- 
tor has said, has done an immense service to this city. 

Mr. HALE. And has spent an immense amount of money. 

Mr. FAULKNER. It has spent, I think, thus far, between 
$400,000 and $500,000 in its improvements. But the Senator must 
take into consideration also, when he examines into the question, 
that where these companies spend large amounts which would 
not be justified by reason of the patronage that they receive in 
the transportation of passengers, they have ulterior ends wIulIi 
necessarily affect private interests of their own. They own large 
bodies of land there, and they could afford probably to make a 
very large expenditure which would not be reimbarsed by the 
return from the passenger travel of the road but in the building 
vip and enhancement in value of the property through which the 
I'oad runs, which is owned mostly by themselves. At the time 
the Rock Creek road was chartered there was no road laid out. 

I am perfectly willing to vote for what is fair and just in ref- 
erence to this matter, but I think that we ought to be satisfied 
that we are not doing an injustice to this corporation. I think 
in some instances we have done injustice to them. We have re- 
quired corpoi'ations, and I voted myself in favor of it, to pay 
judgments which were declared null and void by the Supreme 
Court of the United States. Wo r.jquired them to pay a large 
amount of money, and yet I thought the equities were in favor 
of the District, and I voted even in a case of that kind to require 
them to pay it. We have also required the Washington and 
Georgetown Railroad Company to expend, I suppose, not less than 
$3,000,000 to give greater facilities to the people by a better road 



along Pennsylvania avenue and connected witli it. Wherever 
the expenditures are at all equal to the receipts or will benefit 
the road and also the District and will not operate too harshly 
upon them I am in favor of perfecting the service of street rail- 
ways. I believe that the Metropolitan and the Washington and 
Georgetown Railroad Companies have complied with the law in 
reference to laying the rails on a level with the surface of the 
street, and in every other respect I believe those roads are com- 
plying with the provisions of law. 

"Mr. HALE. Now, let me ask the Senator a question. He has 
large familiarity with the management of this District from his 
valuable service on the District Committee. Will the Senator 
inform the Senate, while Congress has been obliging these other 
roads to pay thousands and tens of thousands and hundi'eds of 
thousands and millions of dollars for the public convenience up 
to this day, what has Congress required this company to pay? 

Mr. FAULKNER. I know of no instance in which Congress 
has required any railroad company to pave a street except be- 
tween the rails and two feet on either side. I do not know of 
any instance in which Congress has required any corporation to 
which it has granted a privilege similar to this, to grade a street 
if the grade was established at the time the corporation was 
granted the privilege of using the street. 

Mr. HALE. No; but it has obliged them to do other things 
in the way of adopting a certain method of motive power. It 
has obliged them to ijuild bridges entirely at their own expense, 
involving sums of money, ten and twenty and thirty times lax'ger 
than this amount, and this is the first that has been asked of this 
company. 

Mr. FAULKNER. In the case of the Rook Creek road that 
was not required by Congress, but it was asked as a privilege 
by the corporation when it applied to Congress for the franchise 
whicn it obtained. The bill which was presented on behalf of 
that corporation had all those provisions in it. There was no 
street then laid out through which they desired to run, and they 
had to grade the street in order to accomplish the purposes 
which they had in view. They had provided in that very bill 
when it was presented that the bridge over Rock Ci-eek should 
be paid for by the company. I do not know of an instance in 
which, after the franchise has beengranted, aregrading even has 
been charged to the corporation that had the privilege of running 
upon the street. 

Yet that consideration will not affect my vote. If this matter 
ha-s been properly investigated and it is not too severe a tax upon 
this corporation, I should be willing to go with the Committee 
on Appropriations; but when we required the Washington and 
Georgetown road to lay down the cable system, to change its 
motive power, to change its rails, as we did the Metropolitan 
rojul, we investigated thoroughly as to the ability of both those 
corjwrations to do it, as to their capacity to stand under the tax 
to be imposed upon them; and having once become satisfied of 
that we then determined to bring up the roads to the very highest 
state of efficiency.' 
Mr. HALE. That involved some millions of dollars. 
Mr. FAULKNER. Three million dollars, at least, in the case 
of the Georgetown road. 

Mr. VEST. While we are upon this question I should like to 
have some information from the Districtof Columbia Committee. 
1 'ish to ask the Senator from West Virginia, while the com- 
ti'.ittee has made this and that road comply with the law, why it 
i . hat the Belt Line have never been com])elled to do it? They 
!! 11. o never observed that law any more than if they were not 
V nier the jurisdiction of Congress. 

Mr. FAULKNER. I do not know anything in i-eference to the 

Belt Liini. I never tiavel over it, and I do not know whether 

UiL'y have complied with the law or not. I assume, that they 

have not done s;.> from what tlie Senator from Missouri has said. 

Mr. VEST. I travel on it every day. 

Mr. FAULKNER. But I desire to state for myself and not for 
the Committee on the District of Columbia that it is our prov- 
ince and duty to jjass legislation, not to execute the laws. There 
are other persons whose function it is to see that the laws passed 
by Congress are properly executed. That does not belong to the 
District Committee. Ididnotknowtherc was any violation of the 
provisions of law in reference to that question by the Belt Line, 
but I assume that it is true from what the Senator says. 

Mr. President, before I am willing to vote for this amendment 
of the Committee on Appropriations I should like to be satisfied, 
as that question has been raised by the Senator from Alabama, 
whether it would really be almost equivalent to the confiscation 
of this company's property. 

Mr. HALE. Let me ask the Senator whether he supposes that 
the expenditure of anywhere from $15,000 to $25,000 by this cor- 
poration would be in anyway a death blow to the company? It 
seems to me that the Senator himself, who is a lawyer, a man of 
business, and an experienced legislator, can not have in his mind 



■-« 



1892. 



CONGRESSIONAL EECORD— SENATE. 



3041 



any fear lurking about that this provision is intended or will re- 
sult as a serious mischief to this company's organization. 

Mr. FAULKNER. I am frank to say that I can not answer 
that question to my satisfaction or that of the Senate. 

Mr. MORGAN. " I can answer that question upon the informa- 
tion of a gentleman in whose veracity I have perfect reliance, 
that it would be what the Senator from Maine has said, a death 
blow to the jiresent organization. 

The PRESIDING OFFICER. The hour of 2 o'clock having 
arrived, the Chair lays before the Senate the unfinished busi- 
ness. 

The Secretary. A bill (S. 2729) to amend anaotentitled "An 
act to establish circuit courts of appeals, and to define and regu- 
late in certain cases the jurisdictions of the courts of the United 
States, and for other purposes." 

Mr. ALLISON. I ask that the unfinished business be laid aside 
informally for the purpose of proceeding with the appropriation 
bill. 

The PRESIDING OFFICER. It there be no objection, the un- 
finished business will be informally laid aside, and the considi'r- 
ation of the appropriation bill will ba proceeded with. Tlie Chair 
hears no objection. 

Mr. FAULKNER. I think, when the Committee on Appro- 
priations come forward with this amendment, they ought to b^ 
ready themselves to answer specific questions put by Senators 
who have examined to some extent at least into this matter, 
and who assert that it will ba equivalent to the confiscation of 
the franchise and rights of this company. They ought to be able 
to state to the Senate that it will not prejudicially att'ect the 
company. 

Mr. HALE. I have no doubt whatever upon that subject. The 
committee had no belief that it was going to interfere seriously 
with the company. 

Mr. FAULKNER. But has the Senator from Maine exam- 
ined into the financial condition of this corporation to ascertain 
that fact? 

Mr. HALE. If this company is in a condition now where this 
slight burden for the public use is going to bankrupt it and throw 
it out of business, it will be bankrupted and go out of business 
from other cause. If this simple item is going to destroy it, 
then it is a failing company and can not maintain itself, and Con- 
gress will never find itself able to deal with a corporation to jnit 
a reasonable burden upon it without bjing confronted by the 
declaration of somebody interested in the company that that very 
act will cause the ruin of the company. This is a chimera, It is 
not an actual fear. I do not say that the Senator from West Vir- 
ginia and the Senator from Alabama do not have these doubts 
about it; I am not impugning their sincerity, but the officars of 
the company have no fear of it. This company that is running 
the cars and getting puljlic benefits increasing its property every 
year, which will boa great corporation with valuable property, 
IS not going to be harmed by being obliged to pave these few 
hundred feet. It is not in that condition, and Ii-epeat, if it is in 
that condition we cannot help it. 

Mr. FAULKNER. I wish to say that I know nothing about 
this matter. My only information is what the Senator from 
Alabama and the Senator from Jilaine have stated. I have no 
other information whatever. But I desire, in justification of my- 
self and also of the District Committoe, to say that any imputa- 
tion by the Senator from Maine that the act was lobbied through 
originally, or that there was any improper course adopted either 
in committee or in the Senate in the passage of the bill origi- 
nally, is an entire misapprehension upon his part as to the con- 
dition under which that act was passed. 

Mr. HALE. All I said, which I firmly believe, is not that 
there was anything improper or any shade or approach of cir- 
ruption, but that there was negligence on the part of the Sc^n- 
ate generally in not looking into it. I know when we came back 
here and found that this company had taken possession of the 
street we had a discussion of it, and I could not find any Senator 
who knew that they had a right to do that; and they had after- 
wards to get an act through giving them authority to go into 
the middle of the street, as they claim, although the very act 
that they got through here to enable them to do this says at the 
close that — 

Said railway shall be located on sucli side of ihs roadway as may bs indi- 
cated by tlae Commissioners of the District of Columbia. 

I think it was the impression — I think the chairman of the 
committee had that impression — that this road would not bo built 
right through the middle of the street, but that it would be on 
one side, out of the way. The Senator himself may have known 
about this, and may have followed it up, but if so he is the first 
Senator I have ever found who was ready to take the responsi- 
bility of saying that ho knew what this company was going to 
do with that street. We could not find anybody at the time who 
knew. 



Mr. McMillan. I wish to try and answer the question whic^ 
the Senator from West Virginia has just now asked. Evei; 
body who is familiar with the building of strest railroads kncn 
that there is a period of time when the road does not pay very 
much to the stockholders; that they have to wait until the road 
develops the country round about. This road is built out from 
the populous part of Georgetown. It is the only road running 
in the direction of Tennallytown. Senators here know that Ten- 
nally town and its vicinity ai-e growing very rapidly and that that 
is a portion of the District where property "is bound to increase in 
value. These gentlemen undoubtedly have a valuable franchise. 
The last report which we have in our committee shows that their 
receipts amounted to the neighborhood of $35,000 or $3H,000. 

Mr, FAULKNER. Gross? 

Mr. McMillan. Their gross receipts, from their earnings 
from passengers, and their expenses were about $!i{),000. I have 
not any hesitation in saying, as one who has had some experi- 
ence in these matters, that this road will undoub'edly bo a good 
investment. Tlio stockholders may havj to wait a year or two 
for the development of th;; region tributary to the road, but it 
is bound to bo a valuable franchise, and I do not believe, look- 
ing at it in that light, that this is a very great hardship to that 
company. 

Mr. FAULKNER. I wish to answer the question in regard 
to negligence, because, if I recollect aright, the original bill was 
reported by me from the District Committee. I do not know 
about the amendment to the charter, but the original bill, I am 
satisfied from my recollection, was reported by me, though I have 
not referred to the matter since the passage of the bill. 

Mr. HARRIS. I will say to the Senator from West Virginia 
that I have just looked at the history of the legislation. The 
original bill was introduced in the .Senate by the then Senator 
from Kansas, Mr. Ingalls, but tliat bill was indefinitelv post- 
poned. However, a Ijill having b>'cn introduced in the" other 
House, the bill introiuced in the Senate by the Senator from 
Kansas was adopted in the House as a substitute for the bill in- 
troduced there. It was passed there and came to the Senate and 
was reported by the Senatoi' from West Virginia [Mr. FAULK- 
NER] from the District Committee of the Senate, and was so 
passed. 

Mr. FAULKNER. I rememb?r that I had some connection 
certainly with the passage of the original bill, having i-eported 
it from the Committee on the District of Columbia. It was the 
universal practice of that committee, whenever a bill afTecting 
the interests of the city of Washington was before it, to refer it 
to the Commissioners of the District and to get their report 
either for or against the bill, or with suggestion of any amend- 
ments that they deemed proper. 

I have not the slightest belief that any member of the Commit- 
tee on the District of Columbia or its chairman was guilty of any 
negligence in reference to this matter. If the bill was not re- 
ferred to the District Commissioners by the Committee on the 
District of Columbia of the Senate, it was because the bill had 
come from the other House and had been passed on there by the 
District Committee and the District Commissioners. It has been 
the universal pi'actice to do that, so as to bring the attention 
of those who necessarily have their minds constantly directed to 
all these local matters to the bills that are before the District 
Committee so that they may suggest any amendment and give 
their opinion as to the advisability of the passage of the bill. 

Then the bill is considered by a subcommittee and discussed 
fully by the whole committee, because I can say right here from 
my experience of five years in the District Committee that I 
know of no subcommittee that has ever betm authorized to re- 
port bills that liave not been passed upon before the whole com- 
mittee. 

Mr. HARRIS. Never. 

Mr. FAULKNER. We have adopted that rule, believing that 
it is essential to the interests of this city and to good legislation 
that no subcommittee, even one composed of halt the committee, 
shall have the ])ower to pass on bills and repoi't them to the Sen- 
ate on behalf of the committee, but that every bill, before being 
reported by that committee, shall be voted upon when a quorum 
of the committee is ])resent. I do not know of any exce])tion to 
that rule. I do not think there has been any negligence on tho 
part of the committee or on the part of those who reported the 
bill from that committee to the Senate. Perhaps if I had known 
the road as well as I do now I miglit have made some objection 
to its going- up High street, but at that time, not knowing it per- 
sonally, I did not see any reason to object to the bill when it had 
been passed by the House of Representatives and approved by 
the District Commissioners. 

Mr. Mcpherson. I should like to ask the chairman of the 
committee who has charge of the bill it this street called High 
street was an open street in the city of Georgetown? 1 under- 
stand that it is located there. Was it an open street at the time 



XXlll- 



-191 



3042 



CONGRESSIONAL EECORD— SENATE. 



Apeel 7, 



the authority was given to the railroad company to lay their 
tracks? 

Mr. ALLISON. It was. 

Mr. Mcpherson, what was the width of the street ■- 

Mr. ALLISON. That I do not know. It is a very narrow 
street. Senators who have driven over it will know that it is 
the narrow street that turns towards Tennallytown right by the 
aqueduct. 

Mr. Mcpherson, it is not the street then that is used for 
a carriage drive between the ferry and the Tennallytown road? 

Mr. ALLISON. Oh, yes; I will ascertain the width of the 
street. 

Mr. Mcpherson. I have heard somewhere mentioned in 
the debate that the carriage way is about 20 feet wide. 

Mr. HALE. It is about 30 feet wide. 

Mr. Mcpherson. The citizens of this city and Georgetown 
had a right, an easement, in 20 feet of carriage-way room on that 
road when the permission was granted to this railroad company 
to lay down their tracks. I understand that the effect of laying 
the tracks in that street has simply been to deprive the people of 
the use of the street and confer it upon a railroad company; and 
that there is authority in the act incorporating the railroad 
company to amend that act and to compel the railroad company 
to provide a wider street. 

I want to know what there is in that proposition which ought 
to receive the condemnation of any Senator. In the first place 
the street belonged to the citizens of the city. They paid for it. 
The street had been opened perhaps by public condemnation and 
by tax upon the property on the line, or upon the whole city; but 
it was proposed to permit the railway company to lay down a 
railroad track on the street, from which they were to derive a 
private benefit; and in granting that permission Congress sim- 
ply deprived the people of their rig-ht to the use of the street 
because, as I understand, the railway company occupy the whole 
street. 

We have granted railroad franchises in the city of Washingt<m 
as they have been g'ranted in many other cities, that could be 
sold to-day for millions of dollars. These people invested their 
money in this railroad property with^the full knowledge that the 
Congress of the United States sitting here and acting as a board 
of aldermen or eouncilmen for this city, because it practically 
has no other lawmaking power, have the right at any time to 
require this railway company to give better railway facilities fur 
the transit of people over their line, and in giving batter facili- 
ties they may require them at tlio same time to occupy only so 
much or such portions of a public road as will not deprive the 
people of the right to use it. 

I say the franchises granted here could to-day be sold for mil- 
lions of dollars. It is a gift, a right of way to a railroad, where 
the business of the road is a.ssured for all time, and is unlike any 
other railroad property where you undertake to build a line of 
railroad across an unpopulated country. Here the pojjulation 
exists; it is contributing to the prolits and the business of the 
road; and I think that this i-ailway cumpany should be compelled 
at their own pri-^-ate cost and expense to widen the road, retain- 
ing the rights which have been granted them, and to widen the 
road in order that the public benefit may not be entirely lost 
from it; and that the tax should be imposed upon the company 
instead of anybody else. I have no sympathy with any argu- 
ment — and I hear it often made in the Senate — in whicli we ap- 
proach one of these railroad companies very gingerly, and the 
question is asked, Can the railway company afford all this 'i After 
granting them the free franchise upon a graded road, the street 
graded at public expense, then the question is, after they have 
invested their money in this kind of property, whether we have 
a right to make any exaction upon them with I'espeet to surren- 
dering some portion of the value of that right which we have 
granted to them for nothing to enable the people to have some 
rights upon that street. 

It would seem to me as though it was about time that we began 
to deal with railroad companies in the District of Columbia as 
they ought to be dealt with. If I invest my money in a railroad 
property in the District of Columbia, believing it to be a good 
investment, as I presume these people have done, I do it at my 
own peril. I do it with the full knowledge that the Congress of 
the United States may amend that law and require some exac- 
tion from me provided it be made to appear that it is a just and 
equitable and reasonable one. I can see no inequity in this re- 
quirement. We require these railroad companies, if I am cor- 
rectly informed in respect to the law, to pave inside their tracks 
and outside their tracks, and to maintain the trackway; and we 
have just as much right to say to them, " You shall widen this 
street." The Congre'ss of the United States did not grant to 
this I'ailroad company the exclusive i-ight to use that street. 
The public have some rights there. 



Mr. KYLE. May I ask how many tracks there are on the 
street? 

Mr. MCPHERSON. Ido not know. There are enough, I un- 
derstand, to completely occupy it and blockade it so that travel 
is very diflicult, if not dangerous, in going through the street. 

Mr. HARRIS. Mr. President, I am inclined to think myself 
that justice demands that this railroad company should pay either 
the wliole or a large proixirtioo of the expenditure necessary to 
make that way what it ought to be, and I shall so vote. 

I rose, however, chiefly for the purpose of saying that infer- 
entially the Senator from Maine, the Senator from Missouri, and 
the Senator from New Jersey, criticize the action of the Commit- 
tee on the Disti'ict of Columbia in a way that seems to me hardly 
fair, and not kind nor just. I have for fourteen years, not in 
accordance with my wishes but in obedience to a duty, served on 
that committee, and I want to say frankly that in respect to 
chartering railroad companies in the District of Columbia I do 
not know of one single instance where the committee has con- 
sented to report a bill granting such a charter until the bill that 
had been introduced was referred to the Commissioners of the 
District of Columbia, and their scrutiny invited, and their report 
i-eceived as to the public necessity for the railroad, and as to the 
best method and the best location for such road. 

In the light of the report of the District Conimissionei's and 
in the further light of all the information the committee could 
obtain from the localities to be served, the committee have re- 
sponded invariably not to the demand of the jjeople who asked 
the act of incorporation, but to what they understood to be the 
public demand and the public necessity. 

I want to say fiu-ther tliat in my fourteen years' experience on 
that committee, as organized at the various periods, I have 
served on no committee in this body that has given more careful 
attention to all the questions which have been submitted to it 
for its action. Like any other committee, it may commit errors 
and make mistakes, but it has been as vigilant, it has been as 
careful in scrutinizing the various pro)iositions that have been 
submitted to it for its consideration and report as any other com- 
mittee upon which I have bad the honor of serving since I have 
been a memter of this body. 

I do not quite think the tone of criticism that has boon in- 
dulged in here t«-day is fair to the committee: nor is it such as 
I would be willing to make in respect of any one of the standing 
committees of this body. 

Mr. Mcpherson, it is due to the Senator from Tennessee 
and the memb:'rs of the Committee on the District of Columbia 
that I should disclaim any intention in any manner to criticise 
either the Senator from Tennessee or any member of that com- 
mittee. I have done this: I have found fault with the methods 
that wo have pursued with respect to railroads since the time that 
railroads were first organized in this District. I commend the 
committee for very much tliat it has done. It has, I understand, 
imposed a tax, which I think is perfectly right and proper, upon 
the receipts of these railroads, and in that way the 'city is bene- 
fited to the extent of that tax. 

Speaking for myself, I b.'lieve that upon railroad property, 
wherever it is located, and especially if located within the limits 
of a city, if franchises are granted and a right of way is given 
without any purchase of property for right of way or even for 
making the roadbed, the tax should bo very heavy. It should 
equal at least the tax of any private citizen's property in tlie city. 

I do not criticise the committee with respect to this bill. I 
think, considering the plan that has always been followed (and 
I have been a member of that committee myself), I would have 
voted to grant this railroad company the power to lay its tracks 
upon High street; I would have done just as the committee have 
done, and therefore there is no ground for criticism by me upon 
the Senator from Tennessee or other membors of the committee. 
Congress reserved the right to amend the act. and now it is pro- 
posed to amend it. Congi-ess is simply exercising its reserved 
right under the original franchise, and propos.'s to say now to 
th^it railroad company: ''Your road is laid upon High street. 
The street should be widened, and we demand of you that you 
shall pay the expense of widening it." The committee are not 
censured by me. I have no intention to censure them. We have 
reserved all the rights that we need and n.'quire with respect to 
this railroad company in their charter, and we are asking to-day 
to exercise those rights; that is all. 

Mr. CALL. Mr. President, the Committee on Appropriations 
have done nothing in this provision but what this i-ailroad com- 
pany obligated itself to perform, and that is that whatever the 
public necessity should require should be done, and that all its 
franchises should be held subject to this requirement; that is the 
tenure and the conditions on which all corporate rights are 
granted. 

The railroad corporat ions of the District of Columbia have been 
immensely i^rofitable. They have received, I am told, five or 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3043 



six times above their original stock valuation, and their original 
stock, as ihat of all railroad companies, is largely beyond the 
cost of construction. The value of a street railroad franchise in 
all municipalities is necessarily very great, and the prospective 
value is as much a part of the consideration value of the prop- 
erty as its present receipts. 

The demand which has been made upon this company can not 
be regulated by its capacity to pay but by the necessity of the 
public. I do not think it was ever before heard of that while 
the citizen was taxed the corpoi-ation should be considered as 
exempt from the necessity of contributing to the jjublic policy 
in the interest of the people. 

Whether this corporation is able to perform this public duty, 
which is part of the consideration of its franchise, is somewhat 
immaterial. If they can not perform their obligations to the 
public, then some other persons must ba found to take their 
place. All over this country it is a fact well known that cor- 
porations have baen stocked "far beyond their original cost; and 
that with this franchise as all other franchises of transportation 
there is granted a power of taxation of the people quite as direct 
and far more oppressive than that which is reserved to the peo- 
ple and their representative bodies. 

As to whether this tritling imposition upon this corporation, 
possessing a franchise which of necessity must grow in value 
with the increase in population of this District, is to crush it 
out, it seems to me that thei'e is nothing' whatever to sustain this 
objection. The value of this franchise does not depend upon its 
receipts of to-day, which have been shown by the Senator from 
Michigan [Mr. McMillan] to be large and to be growing, but it 
depends upon the prospective value, the prospective increase in 
population. The Committee on Appropriations could not have 
done otherwise in respect to the impositions which have been 
made upon other corpoi-ations in this District than to have rec- 
ommended this provision. 

Mr. MORGAN. WUl the Senator from Florida inform me 
what the width of that road is there where complaint is being 
made? 

Mr. CALL. I do not know with accuracy. 

Mr. MORGAN. Does the Senator know at all, with accuracy 
or without accuracy? 

Mr. CALL. The Senator from Alabama should not ask me 
the question; he should know himself. His propositions are 
well founded. I know this about it. It was discussed in commit- 
tee, and it was agreed by everyone to be too narrow for public 
convenience. 

Mr. MORGAN. The road? 

Mr. CALL. The road. 

Mr. MORGAN. As it originally stood? 

Mr. CALL. It was said that there was necessity for widening 
it and for creating these additional facilities, and upon that sul> 
ject the committee were all united. What the specific width is 
I do not undertake to say. 

Mr. MORGAN. Mr. President, we are going in the dark 
about this business, and the reason of it is that the case has not 
come from a committee that is in the habit of making reports 
upon bills. If the facts could be spread before the Senate in the 
form of a report from the Committee on the District of Columbia 
we should find a different state of case from that which has been 
presented here this morning. I have searched around and got 
some private information from some Senators on this floor about 
what the question is and what the facts are. I understand now 
that they amount about to this: This part of High street was 
perhaps not originally called that, but it was the Tennallytown 
road. According to the map it had a certain width, which the 
Senator from Iowa perhajjs has ascertained and can inform mo 
of. I have been trying for an hour to find out what the width 
of the street is, and I can not find anybody who can tell me. It 
may be 22 feet or it may be 50 feet; we do not know. The Sen- 
ator from Florida does not know. The Senator from Iowa, the 
chairman of the committee, does not know. 

We do not know what the proper legal width of that street is, 
but one thing wo do know, that for twenty or thirty or it may 
be for fifty j-ears, or longer oven than that, encroachments have 
been made upon what is now esteemed to be or supposed to be 
the east and west lines both of that street or that road, whatever 
you please to call it. Many other things have encroached there. 
There is a cemetery. That cemetery has a great many feet of 
frontage on the road, and I am inforrned that before the District 
of Columbia can tear up that road and make its proper widtli 
according- to law they have to get the consent of the cemetery 
company to remove the graves and build a wall. 

I suppose that is part of theesijcnse that is to be put upon this 
railroad company. The expense is entirely indefinite. There 
is no sum fixed whatever. The sum the Commissioners m^y sec 
pi'oper to expend there, if it is a million dollars, this bill imfjoses 
upon the company. The tearing down of the cemetery, the re- 



moval of the dead bodies, if you can get the consent of the people 
to do it, or if the law compels them to consent to it, is part of this 
scheme. Does the Senator from Florida know anything about 
that? 

Mr. CALL. That was discussed in the committee. , 

Mr. MORGAN. I know it was discussed, but where is the re- 
port. 

Mr. CALL. Will the Senator from Alabama allow me to in- 
terrupt him? 

Mr. MORGAN. Certainly. 

Mr. CALL. There is no reason to suppose that there is any 
very immense cost involved, or that anything like a million dol- 
lars are to be expended in the removal of a few graves. 

Mr. MORGAN. We do not know tlie situation at all. Hero 
is a measure proposed that brings in an indefinite charge against 
this railroad companj^, when the Commissioners of the District 
of Columbia see proper to improve High street, to widen it out 
to its original boundaries, whatever they arc; wo do not know 
what they are at all. They can go on and widen it in accordance 
with their own will and judgment as to what work ought to be 
done there. It may cost$26,000 or $200,000 it makes no difference, 
and we saddle the whole of it by this bill on this corporation. 
Yet that committee have not furnished us, and in thedobate now 
on the floor of the Senate we are not furnished with the facts. 
We are mulcting this company in what could not be less than 
$25,OD0 or $26,00J, and we are doing it really without any knowl- 
edge of what the facts are. We do not know what it is going 
to cost. 

Private owners, in addition to the cemetery company, or the 
cemetery corporation, or whatever it is there, have also en- 
croached upon this road or this street, and they must bo gotten 
rid of in some way or other through some process of law. Actu- 
ally the boundaries of the street are not now ascertained, and 
nobody knows whether it can be done or not. No person knows 
whether the original measurement of this road has not been ob- 
literated by adverse holdings of citizens who have built their im- 
provements down to the line of the road, so supposed to Ixs, and 
even by the dead who are buried on its side. 

Mr. GORMAN. Mr. President, I supported this amendment 
in the committee which reported it, requiring the railroad com- 
pany to pay the whole of the cost of this improvement in widen- 
ing the street. I am in entire sympathy with what the Senator 
from Maine [Mr. H.\le] has said in regard to the looseness of 
Congress in granting charters to these various railroads, and 
when the proposition shall come in a few days before the body 
for granting another charter creating another means of destroy- 
ing another one of the great boulevards here, I shall have some- 
thing to say upon that matter. 

As I said a moment since, when the proposition was presented 
to require this railroad company to pay the entire amount of this 
improvement of widening the street it met with my approval, 
and I voted for it. Since then I have examined the matter more 
carefully, and I am rather inclined to think that the proposition 
will be a hardship upon this company; that we are applying to 
them a rule we do not applj- to any of the other existing railroad 
companies; that in the very bill which we are considering, in 
the amendments which were reported from the committee, we 
have adopted an entirely difl'erent measure, that is, to make the 
railroad company pay one-half of the amount. 

As the Senator from Tennessee [Mr. Harris] has said, and 
said well, in the case of the charter of this railroad company, as 
in all others, the District Commissioners, or the engineer officer 
of the District, it coming immediately under his charge, but 
with the approval of the whole board, recommended the loca- 
tion of this railroad on High street and then upon the road lead- 
ing thence to Tennallytown; that when they located it on High 
street and on this road at the particular juncture here designated 
I understand that they knew that the street would not be wide 
enough to accommodate the railroad and leave sufficient room 
for carriages in the highway, but they had in mind and had per- 
fect knowledge of the fact that the street had been encroached 
upon by private parties, and that more than one-half of the 
width of the street was occupied, as it is to-daj', by private par- 
ties. Now the proposition comes to widen it. 

The fault of locating the road is the fault of the District Com- 
missioners as well as of the railroad company; and it seems to 
me that the only question is what amount we should make the 
railroad company bear. If it v.'as a mistake, and I believe it was, 
in the location, Congress has determined that matter in all cases 
heretofore and in this bill by making the amount one-half. 

JVIr. Mcpherson, win the Senator from Maryland allow 
me to ask him a question? 

Mr. GORMAN. AVith great pleasure. 

Mr. Mcpherson, it what he states is true, and I presume 
it is, that private parties have taken possession of the street, they 
certainly have no right there; and if the Commissioners will 



3044 



CONGRESSIONAL RECORD— SENATE. 



Apeil 7, 




force them to move back their improvements on the fence line it 
certainly would not cost the railroad company much to have the 
street opened. 

Mr. GORMAN. That is all there is in the proposition. It is 
not one improvement. Under the charter they are required to 
pave bv^.tween the tracks and 2 feet beyond; but it is proposed to 
widen the street, to make private individuals remove their fences 
and buildings and what not, and put them back to the building 
line, and to make this railroad company pay the entire cost of 
grading it and putting it in the form of a street. 

Mr. Mcpherson, if the street has been encroached upon 
by owners of property along the line unlawfully, certainly the 
Commissioners could have the property moved back without any 
expense to the public. 

Mr. GORMAN. But it is proposed to make the railroad com- 
pany pay the entire amount of that improvement. 

Mr. Mcpherson, oh.no. 

Mr. GORMAN. Yes; that is the whole proposition. There 
is nothing else in it. It is not a payment for making pavements. 

Mr. President, what do we find upon an examination of the 
bill? Take the P street line of railroad, a rich corporation. 
They pay their dividends, and are able to make the improve- 
ments. They are thoroughly able, for the road has been in oper- 
ation for a great many years, and runs through the center of the 
city. They wei-e perm'itted to occupy the bridge across Rock 
Creek, on P sti-eet. They took the whole of that bridge for 
their use, except a small walkway on each side of tha railroad. 
Public interest requires that there shall be a new bridge put up, 
the railroad company occupying the present structure almost 
solely. On page 24 of the bill we find the provision for the con- 
struction of a new bridge across Rock Creek at P street, and it 
is provided that the Metropolitan Company shall pay one-half 
of the cost of that construction and the District one-half. If 
that is the right measure, as I svippose it is, upon the recommen- 
dation of the Commissioners, then it does seem to me that the 
same rule should be applied to this smaller railroad. 

We have this great railroad with a franchise on Pennsylvania 
avenue from Georgetown to the Navy Yard, the most valuable 
franchise I suppose to-day, certiinl y in this jiart of the country, 
paying 20 per cent dividend upon the capital stock and with a 
surplus nobody knows how much, with their six per cent bonds 
selling upon this market at 150. They occupy the bridge across 
Rock Creek at M street. They occupy at least the greater jjor- 
tion of it; but a new bridge is to be constructed. It is necessary 
for their change of motive power from horses to a cable lino 
that there should be a new bridge, and on page 24 of the bill we 
provide that that bridge must be reconstructed for the public 
convenience and for the railroad. The District pays one-halt and 
we require the railroad company to pay one-half. 

Mr. MCMILLAN. Will the Senator allow me to ask him a 
question? 

Mr. GORMAN. With great pleasure. 

, Mr. McMillan, it is true that the recommendation came 
^om the District Committee that the Wa-hington and George- 
town Railroad should pay one-half and the District ons-half, but 
that was because we have required the bridge to be the whole 
width of the street. It is now about half of the width of the 
street, and, as the Senator says, it deprives the public of the 
proper use of it. So we have compelled the bridge to be built 
the full width of the street, giving room enough for a street 
railway, room enough for a carriage way, and room enough for 
sidewalks, and then we ask the railroad company to pay one- 
half. 

Mr. GORMAN. That is precisely as I understand the case. 

Mr. McMillan. But in this other easj the ])aving is only 
for a short distance, and the company do not pay for the street. 
They simply pay for improving one side of the street. 

Mr. GORMAN. The distance has nothing to do with this case. 
In one case you want to make a small railroad company pay the 
entire cost of widening the street, if it is but for 1,000 feet, and 
the provision with reference to the Washington and Georgetown 
Railroad and the P Street Railroad is 300 feet. The principle is 
the same. The District Committee have come to the conclusion 
that one-halt is the right allotment. If that be true, then we 
must apply it to all the roads and to this small road. 

That is wliat has convinced me since the adjournment of the 
committee that we were in error. The Committee on Appro- 
priations went beyond the i-ecommendation of the District Com- 
mittee, and it doe's not seem to be fair in the one case. There is 
no question about this new road. I have, like the Senator from 
Alabama in front of me, i-eceived this morning a statement from 
a gentleman as to whose integrity and knowledge of the affair I 
have no question. He says it is a new road and that the owners 
have not been able to make a dollar. They hope and expect to 
do so; and I believe, as the Senator from Maine says, that it will 
be a great charter in the future: but at present it would em- 



barrass them. The point I insist on , however, is that we should 
not compare them with the Georgetown Railroad, the richest 
company in the District of Columbia, whose dividends are 20 
per cent. 

Mr. HALE. Does not the Senator remember that we have 
just put upon the Georgetown Railroad Company an immense 
burden in compelling them to change their entire plant and mo- 
tive power and to spend, somebody said, $3,000,000? We have 
never put anything on this company whatever. 

Mr. GORMAN. I have no doubt, from my knowledge of the 
condition of these companies, that the Georgetown company, with 
its franchis3 running for twenty-five or thirty years, with a mo- 
nojioly of the business, is more abundantly able to pay $5,000,000 
than this company would be able to pay $50,000. I have no ques- 
tion about that. Left as it is to-day, requiring the Georgetown 
Railroad to have this new motive jjower, it is the most valuable 
franchise in this entire section of the country. It pays 20 per 
cent upon the capital stock, and I have no doubt that within a 
year I shall stand with the Senator from Maine in imposing upon 
them the additional burden of reducing their fare to 3 cents, 
which they can do and yet make 10 or 15 per cent upon their cap- 
ital invested. 

Mr. HALE. The Senator and I have always agreed in the 
policy of watching and restricting these railroads and putting 
proper burdens upon them, and the only way he and I will ever 
reach it is when the question comes up. as it does here, to make 
these I'oads contribute to the public burden. If whenever a case 
comes up we find reasons for letting them off, as the Senator is 
now finding reausons, he and I will find our work here in restrain- 
ing and restricting them all the harder. 

Mr. GORMAN. No, Mr. President, I am ready to go now, if 
the rule is a right one, and I am not certain that it is not, and 
apply the same requirement to all three of these roads in this 
very bill, making each of them pay for the whole improvement, 
if that is the right rule. But I do insist, since looking at the 
matter, that it is unjust to this company to make them pay the 
entire amount of the chai-ge and only charge the other two great 
corporations one-half. 

Mr. HALE. Does the Senator believe that anywhere in this 
city a selection can be made of a more valuable franchise than 
this company have in this very road? It is an exceptional case. 
There have been no burdens put upon them. This is the first 
time we have undertaken to make them contribute in any way. 
They are not like otherroads. They have had everything their 
own way. It is a small matter we are asking from them. 

Mr. GORMAN. I will go further than that, and join the Sen- 
ator in the statement with regard to the recommendation of the 
District Commissioners in permitting this road to be located 
whej'e it is that it was a great outrage. It ought never to have 
been permitted. It has destroyed one of the great drives out of 
this city, and they are nearly all destroyed. Begin in the east- 
ern section of this city, and you have not built a bridge o.-er the 
Eastern Branch but that there is a charter for a railroad to be 
constructed over it; there is not a drive out to any section of the 
city that tliere is not a horse railroad or an electric railroad on 
it. I think. 

Mr. McMillan. I should like to correct the Senator from 
Maryland. We have not granted any charter to build a road on 
the two bridges, the Bennings bridge and the Eastern Branch 
bridge. There are applications for half a dozen roads to go over 
them, but we have not granted any such charter. In the case of 
the Bennings street road we liave rei^ommmdod that they build 
a bridge for themselves and that they shall not interfere at all 
with the highway. There have been no charters granted to go 
over the bridges. 

Mr. GORMAN. There is a railroad across the Eastern Branch 
bridge, near the navy-yard. 

Mr. McMillan. I am speaking of the new bridge. 

Mr. GORMAN. I am speaking of the old one. There is one 
in the direction of Blandesburg; there is one in the direction of 
the Soldiers' Home on Seventeenth street, and on Fourteenth 
street. Then there is the road that is referred to here, that was 
built by a private corporation, on which they spent $500,000, the 
Woodlej' Lane road, which goes out towards Georgetown, and 
the sharp angle there at the top of the hill almost destroys it for 
adrivo. Then comes another project, to take the Aqueduct bridge 
and use that. There are one or two steam roads projected, cross- 
ing at right-angles and on grade, or running along the side of the 
river. So we shall be hemmed in and bound down by these roads 
on every street leading out until ovei'y drive will be practically 
destroyed. 

I am ready to restrict them whenever we have the opportun- 
ity; but the point I make, after consideration of this matter, is 
that it is not fair in the same bill to have a different rule for 
these roads. If we are to make them pay for the whole cost of 
improvements and widening the streets (for these bridges are 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3045 



nothing but a widening of the streets), then let us apply that 
rule to all, but if one-half the expense is to be considered fair 
and is charged on the two great railroads, then one-half ought 
to be applied to this road. 

Mr. CALL. Mr. President, the proposition of the Senator 
from Maryland does not sustain his conclu.sions. There is no 
principle involved in this matter as to the rate of charge or the 
burdens to be imposed on either road. You can not make a 
principle out of that. It is a question that must be determined 
by the public convenience and the necessity for improvement, 
and whether the railroad company in the specific instance ought 
to perform that duty. It is true that the matter may be regu- 
lated somewhat by the financial condition of the company, but 
the Senator from Michigan has well discriminated in this case. 
In the one case there is a bridge to be constructed because of a 
new public necessity. In the other case there is a street already 
made and dedicated to the public use, and the question whether 
the use of thatstrect shall ba destroyed by this franchise or privi- 
lege given to a few private individuals is the only question to be 
decided. 

In the case of the bridge, there is an artificial structure to bo 
made new. In the other case there is a public property already 
created and ready for use. Upon what possible ground it can 
be said that when the use of this public projierty is granted to 
individuals they should not be required to keep it in a condition 
in which the public may make use of it I can not conceive. This 
is a private interest granted to individuals in a public property 
and a public use, and the proposition of tlie Committee on Ap- 
propriations, as I understand it, is that this private interest 
should not be permitted to destroy the public use. 

Mr. GORMAN. Will the Senator from Florida permit me to 
interrupt him? 

Mr. CALL. Certainly. 

Mr. GORMAN. If the Senator will examine the question he 
will find that that is the identical case of the P street bridge. It 
is in the exclusive use of the railroad tracks. They occupy the 
whole bridge except two little walks on the sides. The improve- 
ment is not for the purpose of accommodating the public travel 
or to make width enough there to allow a carriage to pass, as is 
the case with this road. 

Mr. CALL. So I agree; but a public bridge is required not only 
by the use of the corporation and its franchise but by the pub- 
lic convenience in connection with it for other purposes; and in 
that ease we provide that the bridge to be built, not the old 
bridge, shall be made of the same width with the street in order 
that it may accommodate the public uses, and at the same time 
that the use of the corporation shall be provided for, and that 
they shall pay one-half. It seems to me that that is a very proper 
discrimination, and in that case a pi'oper rule, because tiie new 
structure to be built is to be used conjointly for the two uses. 
But in the case of the street already built, already used by the 
public, and which has been destroyed by this franchise to pri- 
vate persons, the committee simply ask that the corporation 
shall put the street which has thus been rendered incapable of 
use in a condition in which it may subserve the purposes of a 
highway. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the Senator from Alabama [Mr. Morgan] to the 
amendment of the committee. 

The amendment to the amendment was rejected.- 

The VICE-PRESIDENT. The question recurs on agreeing to 
the amendment of the committee. 

The amendment was agreed to. 

The reading of the bill was resumed. The next amendment of 
the Committee on Appropriations was. in section 1, on page 10, 
line 24, before the word " thousand," to strike out "four "and 
insert "five; " so as to make the clause read: 

Plats of subdivi.sious outside of Washington and Georgetown; To pay the 
expenses of such surveys as may be necessary to enable the Commissioners 
of the District to determine if plats of subdivisions of land within the Dis- 
trict offered for record have been made in conformity to the "Act to regulate 
subdivision of land within the District of Columbia," approved August ?7, 
1888, $5,000. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 16, af terl ine 24, 
to insert: 

Plan for extension of highways: To enable the Commissioners of the Dis- 
trict to prepare a plan for the extension of a permanent system of highways 
over all that portion of the District of Columbia not included within the 
Ijmitsof the cities of Washington and Georgetown, K0,000, or so mtich thereof 
as may be necessary. 

The amendment was agreed to. 

The next amendment was, in the appropriations for ' ' sewers " 
in section 1, on page 17, line 7, to increase the appropriation " for 
cleaning and repairing sewers and basins," from "$40,000" to 
" $4.5,000." 

The amendment was agreed to. 



The next amendment was, in section 1, on page 17, line 9, to 
increase the appropriation " for replacing obstructed and insuf- 
ficient sewers" from "$20,000" to ''$25,000." 

The amendment was agreed to. 

The next amendment was, in section 1, on page 17, lino 11, to 
increase the appropriation " for main and pipe sewers" from 
"$6.'5,000" to "$7.5,000." 

The amendment was agreed to. 

The next amendment was, in section 1, on page 17, line 14, after 
the words " intercepting sewer," to insert: 

.•\s a p,art of , and in accordance with, the general pl,an for sewers recom- 
mended by the Board of Sanitary Engineers, appointed by the President of 
the United States, pursuant to the provisions of an act of Congressappr<tved 
March 2. 1889. and whose report is i)ublished in House Executive Document 
numbered 415, tirst session. Fifty-first Congress. 

Mr. GORMAN. I wish the Secretary to read the rest of the 
paragraph without action upon any amendment. 

The VICE-PRESIDENT. The Secretary will state the amend- 
ments to the entire paragi'aph. 

The Secretary. Also, o:i page 17, line 22, after the word 
"northwest," the committee report to strike out " sixty thou- 
Kand" and insert "one hundred and twelve thousand live hun- 
dred;" so as to read: 

To run from the Potomac River near Easbys Point to near the intersection 
ot Fifteenth and E streets northwest. SUS.IjOO. 

Also, on page 18, line 9, the committee report to add the fol- 
lowing proviso: 

Froi'ided/urllier, That the plans for said sewer shall be approved by a con- 
sulting civil and sanitary engineer, who shall be appointed by the President, 
and whose services shall be paid for from this appropriation; and who shall 
also make personal inspection of the work In detail as it progresses. 

So as to make the paragraph read: 

For commencing the construction of a main intercepting sewer as a part 
of. and in accordance with, the general plan for sewers recommended by the 
Board of Sanitary Engineers, appointed by the President of the United 
States, pursuant to the provisions of an act of Congress approved March 
2, 1889, and whose report is published in House Exeeiuive Document No. 445, 
tirst session, Fifty-lirst Congress, to rim from the Potomac River near Eas- 
bys Point to near the intersection of Fifteenth and E streets northwest, 
.500,000: Providfd, That the Commissioners of the District ot Columtila are 
hereby authorized to enter into contract for the construction of the whole of 
the said sewer, at a cost not to exceed JS25,000, to be paid for as [ijipropria- 
tions may from time to time be made by law. And the said Cojnunssioners 
are hereby aiUhorized to construct the said sewer where necessary :irros3 
lauds and reservations belonging to the United States: Provided, That after 
the construction of the said sewer the excavated portions of the said lands 
and reservations shall be restored to their original condition from the ap- 
propriations herein provided for: Prorid'd, furfho; That the plans for said 
sewer shall be approved by a consulting civil aud sanitary engineer, who 
shall be appointed by the President, and whose services shall "be paid for 
from this appropriation: and who shall also make personal inspection of the 
work in detail as it progresses. 

The VICE-PRESIDENT. If there bo no objection, the amend- 
ments of the committee to the paragrapli will be treated as one 
question. 

Mr. ALLISON. Bafore that is acted upon, in line 1.3, on page 
18, in the last proviso, after the word "appropriation" I move- 
to insert — 

At a rate fixed by the President. * 

That relates to the compensation of the constilting engineer. 
These are amendments to perfect the text. I suppose there will 
be no objection to them. 

Mr. GORMAN. None in the world. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the Senator from Iowa to the amendment of the 
committee. 

The amendment to the amendment was agreed to. 

Mr. ALLISON. After the word "progresses," in lino 14, at 
the close of the paragraph, I move to insert: 

And shall forward all approved plans, and report the result of all inspec- 
tion, to the Commissioners ot the District of Columbia. 

So as to read: 

And who shall also make personal inspection of the work in detail as It 
progresses, and shall forward all approved plans, and report the results ot all 
inspection, to the Commissioners of the District of Columbia. 

Mr. GORMAN. I have no objection to the amendment to the 
amendment. 

The amendment to the amendment was agreed to. 

Mr. ALLISON. Does the Senator object to any part of the 
amendment? 

Mr. GORMAN. No, I only wish to ask the chairman of the com- 
mittee, for I have not had an opportunity to read carefully the 
amendment until this moment, whether it is the intention of the 
amendment to follow out the plan recommended by the commis- 
sion, consisting of Messrs. Hering, Gray, and Stearns, found in Ex- 
ecutive Document No. 445, of the first session of the lastCongress, 
or whether by the last provision, on page 18, in which " the 
Commissioners of the District of C:ilumbia shall cause to be made 
the needful surveys and investigations, and cause to be prepared 
all the detailed plans, specificatio:is, and estimates necessai\v for 
constructing in the District of Columbia a system of works for 



3046 



C0NG1IES8I0NAL EECORD— SENATE. 



April 7, 



till-' disposal of the sewage," etc., it is intended to place in tlie 
hands of the Commissioners and their engineers who may be 
em])loyed tho power to change this plan or to make a new one. 

Mr. ALLISON. It certainly was not onr intention, and if the 
words are not there I think they should be inserted. I am obliged 
to the Senator for calling my attention to it. I think, inline 10, 
onpag-elS, itshouldroad, " that the detailed plans for said sewer," 
that is to say, the working plans for said sewer shall be approved 
by this consulting engineer. The general jjlan has been marked 
out by the sanitary commission or sanitary board; and our own 
purpose in the committee was — and I endeavored to execute that 
purpose in framing the amendment — — ■ 

Mr. GORMAN. I am aware of that. 

Mr. ALLISON. To provide that this sewer should hi a part 
of this general plan, and that when the detailed plans for this 
IJortion should be made by the Engineer of tho District of Colum- 
bia they should receive the approval of thisconsulting engineer. 
So 1 think tho word " detailed " before " plans" should be inserted. 

Mr. GORMAN. So I understood the intention of the Senator, 
as it was of the committee, and I thought it well to call attention 
to it, so that wo maj' have no mistake about the construction of 
the language. 

Mr. ALLISON. In line 10, after tho word " the," I move to 
insert tho word "detailed;" so as to read: 

Provided further. That tke detailed plans for said sewer sliall be approved 
l)y a consulting civil and sanitary engineer, wlio shall be appointed, etc. 

Mr. HALE. I had not noticed tho print before. I thought it 
was the understanding that that was to be in. 

Mr. ALLISON. I prepared the amendment with that under- 
standing. The Senator from Maryland raises the point that the 
words as they appear here may not cover just whatwe intended. 

Mr. GORMAN. That is all. 

Mr. ALLISON. I intend to put words in that will. 

Mr. HALE. That will exactly cover what the committee in- 
tend. 

Mr. ALLISON. So I understand. I ask that the amendment 
to the amendment may be agreed to. 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The reading of the bill was resumed. The next amendment 
of the Committee on Appropriations was, in section 1, on page 
IS, after line 14, to insert: 

That the Commissioners of the District ol Columbia shall cause to be made 
the needful surveys and investigations, and cause to be prepared all the de- 
tailed plans, specilicatlons, and estimates, necessary for constructing in Ihe 
District of Columbia asystem of works for the disposal of the sewage of said 
District, and for the protection of the low portions of the city of Washington 
against damage by local Hooding and freshets, which system of worlts shall 
be in accordance with the gener.'il plan recommended by the Board of Sani- 
tar,v Engineers appointed by the President of the United States, pursuant to 
the' provisions of an act of Congress approved March 2, 1889, and whose re- 
port is ptiblished in House Kxectttive Document No. 445. first session Fifty- 
lirst Congress, and may employ all requisite assistance for said purpose, 
which said plans, speciUcations, and estimates shall be approved by the con- 
suUiiLg civil and sanitary engineer hereinl)efore provided for. And for the 
purpose of carrying into effect the provisions ol this paragraph there is 
hereby apijroprialed the sum of $25,000, or so much thereof as may be neces- 
sary. 

Mr. ALLISON. On page 19, line 6, after the word ''ap- 
proved," I move to insert tho words "from time to time." Other- 
wise it might be inferred that this whole detailed plan should 
be completed before it is presented to the consulting engineer. 

The amendment to the amendment was agreed to. 

Jlr. GORMAN. Mr. President, this is a very important pro- 
vision in the bill. The matter of sewei-age in this District is one 
of tho greatest concern to everybody who has had occasion to ex- 
amine into it. The Senator from Iowa, the chairman of the 
Committee on Appropriations, and his committee two years ago 
inserted a provision in the appropriation bill providing for tho 
appointment of a commission of three sanitary engineers to take 
this whole matter into consideration and rejDort to Congress. 
The result of their examinations is before us in the document 
i-eferred to in the pending amendment; but in that report they 
have three or four or half a dozen suggestions, practically all on 
the same plan, differing in character as to the size of the sewers 
and tho outlets and the joumping arrangement. 

Mr. HALE. And location sometimes. 

Mr. GORMAN. And locations. Either of these, they claim, 
?vould perfect the sewerage system. Their description of it in 
its present condition is alarming. It was constructed, I think 
principally, by army engineers who had had no special training 
and knowledge of that class of work, and the result I think is 
that we are simply living in the lower section of this city over a 
great cesspool, with no way at all to carry off the sewage. It 
is marvelous that the health of tho town is as good as it is. 

But what I want to get at. and I do it for the purpose of hav- 
ing the opinion of the Senator from Iowa that it may guide the 
gentlemen who are to do this great work, having disposed of the 
commission of scientists and provided for the employment of 



someone to be appointed by the President, is whether they are 
at liberty to take any one or all of these systems which have been 
proposed. I understand that it is to be in accordance with the 
recommendations made in E.vecutive Document No. ■ii'i. Has 
the Senator in his mind, after consultation with the engineers, 
any knowledge as to which of the recommendations will be acted 
upon? 

Mr. ALLISON. Does the Senator want an answer now? 

Mr. GORMAN. I do, and that is all I want to know. 

Mr. ALLISON. I take it that the consulting engineer may 
adopt not any new plan.but that he may adopt suggestions respect- 
ing the general plan. For example, this board of consulting en- 
gineers suggest that the sewage of this city may be thrown 
into the Potomac at two or three different ijoints. Then they 
suggest (I so regard it) that the best is a point crossing the East- 
ern Branch by a timnel or pipe having the jjumping station at 
the foot of New Jersey avenue, and emptying the material into 
the Potomac River below Giesboro Point', which is. I believe, th.' 
narrowest point in the river between here and its mouth, with a 
quick and rapid current, and with deep water. 

So the Commissioners think that ultimately the whole sewage 
of this city should be thrown into the river by means of pump- 
ing machinery, etc., at that point. They have said, however, 
that it might be done at what is called Gravelly Point, which is 
a point, I believe, on the Virginia side. They say it might be 
thrown in there, but they think it would be only a question of 
time when that should be changed. I have no doubt that any 
consulting engineer will adopt what might be regarded as the 
plan suggested by those three eminent engineers. 

.So far as I am concerned as a member of this body, when that 
matter is brought to my attention for action I shall be in favor 
of ajjin'opriations of money that will put this city and this Dis- 
trict into the bestiiossible condition of sewerage. Iljelieve that 
that is the best economy. If Senators will examine the details 
of this bill they will see, as the Senator from Maryland very well 
knows, that the increases we have made here have beenmade 
chiefly for the purpose of supplying this city with additional 
sewerage and additional water and conveniences for securing 
health. If I had supposed it could have passed the ordeal of 
another coordinate body, I should have bien willing to double 
the appropriation this very year for this sewerage. 

This sewerage system when completed will hi completed upon 
the best modern plans and methods. They have been prepared 
by three of the best sanitary and mechanical engineers in tho 
United States, and wo have provided here that one of them, a.s 
we supposed, is to be employed as the consulting engineer to 
execute this work. It will cost when completed a very large 
amount of money , but it is so devised that it can be completed in 
detachments, as it were. The first sewer is the most important 
one of all for present construction. 

Mr. Mcpherson. May I ask the Senator if this plan in- 
volves the pumping of the sewage ? 

Mr. ALLISON. It does eventually, a portion of the time. 

Mr. McPHERSON. Are we to have the continual expense of 
pumping the sewage for all future time? Is it not possible to 
oast the sewage into tho river here in front of the city? 

Mr. ALLISON. 'We certainly are to have it. The annual 
cost of that pumping of sewage is given here. It will not ex- 
ceed $21,000, and there is no doubt, at least I think there is no 
doubt, as a layman having- no special knowledge upon this sub- 
ject, that the i) reject and plan of these engineers is absolutely 
necessary to the future health of this city. If the Senator froiii 
New Jersey will take up House Executive Document No. 44.">. 
Fifty-first Congress, first session, and will read it carefully, as I 
have read it, and if he will examine as I haye examined the 
maps accompanying this statement, I think he will readily agree 
with me that the plan here is a plan that should be entered upon 
and prosecuted with as much vigor as the condition of the finances 
of the District of Columbia will justify. 

The first sewer under this plan is the sewer provided for in 
the bill. It will cost in rotmd numbers $228, 000. It empties into 
the Potomac River at what is known as Easby's Point, a point 
where the river is comparatively narrow, and the channel of the 
river is on the 'Washington side, where the How of the river is 
such that exceiJt perhaps during a vei-y few weeks in the year, 
perhaps only two weeks, there will be an active flow of the' sew- 
age down the Potomac. During extreme low water there may 
be some trouble. "When that is completed it will dispense with 
an open sewer v.-hich runs down Seventeenth street, and which 
is an absolute disgrace to this city and to this country. 

The next important sewer that is to be built, and that one I 
should be perfectly willing to provide for myself in this bill, is a 
sewer which is called the Rock Creek connecting sewer, which 
also will cost about $228,000, and that is the sewer into which 
empty two-thirds of the pipes of this cit.v. The first sewer I 
have named extends as far as the Patent Office and the Post-Of- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3047 



fice buildings, and this sewer comprehends the entire north- 
western portion of this city. 

I will say to the Senator from Maryland that I do not believe 
there is any probability that the general ])lan which has been 
laid down hei-e with such flearness by this board will be diverged 
from in any material particular by any sanitarj' engineer who 
may be consulted, because I think it will be seen that this gen- 
eral plan is practically the only effective plan whereby the peo- 
ple of the District of Columbia can have sewerage such as should 
be had here. 

Mr. HALE. Mr. President, I am very glad that the Senator 
from Maryland has called the attention of the Senate to this most 
important matter which lias evoked this discussion. The com- 
mittee, which took a good deal of pains in this matter, was, as 
the Senator from Iowa has said, greatly impressed with the 
strength and wisdom of the report of these sanitary engineers. 
They were three of the most eminent in their profession through- 
out the country selected by the President and appointed on the 
lith day of August, 18S9 — Rudolph Hering, of New York. Samuel 
M. Gray, of Rhode Island, and Frederic P. Stearns, of Islassa- 
chusetts. They gave much time and attention to this great sub- 
ject, coming upon the ground, employing all the assistance 
needed, and they mapped out this great work in which we are 
all and in whicla the whole country are interested. A short 
summary of their conclusions is found at the bottom of page 50 
of their report, where they say; 

The more important features and the merits of the recommended project 
may now be summarized as follows ; 

The proposed plan includes deeply-laid intercepting sewers to carry prac- 
tically all the sewage of the city to a suitable outlet in deep water of the 
Potomac River, storm-water sewers to drain the low districts and to inter- 
cept the waters which would otherwise reach it from the higher districts, 
dikes to prevent the entrance of river water during freshets, and pumps tcj 
lift the sewage at all times and the storm water of the low district when the 
river is unusually high. The pumps for both purposes are to be at one sta- 
tion near the foot of New Jersey avenue. The Large sewers designed pri- 
marily for storm water removal, serve also as sewage interceptors. 

They estimate the cost of this great work at $3, .598,003. 

Mr. Pi-esident, it is most important, if the scheme of the com- 
mittee which rests upon the report of these engineers is cari-ied 
out, that it should be carried out in complete harmony with that 
original project. That is why the committee have provided for 
this sanitary engineer. I should hope, and I think that is the 
feeling of the committee, that if it is practical one of the gentle- 
men who were engaged in the work of making this report shall 
be appointed for this purpose. The committee have given 
money enough so that it can be made an object for one of these 
great sanitary engineers to devote, if not the whole of his time, 
enough of it to take charge and supervision of the work. Then 
we may feel when we are appropriating from year to year, as wo 
shall in reaching at last the sum of $3,000,000, that if not for oui-- 
selves for others who will come soon after us there will be a city 
here at the national capital with as good a scheme for water and 
sewerage as the wit of man can devise. 

Mr. GORMAN. My only object in interrupting the Senator in 
charge of the bill was to call attention, first, to the report under 
which we are acting and under which this scheme is proposed, 
so that there might be some expression from him as the repre- 
sentative of the committee immediately in charge of the bill, 
and we would have no trouble hereafter with a new scheme to 
be presented by the Commissioners of the District of Columbia, 
or the sanitary engineer, who may be appointed by the Presi- 
dent, but to show that the intention of Congress in making this 
appropriation was to follow out the recommendations of the 
commission; and I am very glad to have had his expression. 

There is one other thing that I desire to say. While the bill 
came here from the House of Representatives appropriating 
$4,987,580.27, the recommendations of the Committee on Appro- 
priations have been to increase it $746,110, and of that amount 
of increase two hundred and seventy odd thousand dollars, I un- 
derstand, arc embraced in this one item of sewerage. While I 
am in favor of economy and of making the appropriations as 
small as they can possibly be made with due regard to the man- 
agement of the affairs of the Government, I do express the hope 
that in jiaring down, if that shall be necessary, the appropria- 
tions we are making in this bill when it comes to be considered 
elsewhere, this one item will not be abandoned by the Senate 
conferees. . 

We have had complaints in this body of the bad ventilation of 
the Hall, and we have had them for 'years. There have been 
complaints in both Houses of Congress'. When we come to take 
into consideration the facts stated in this report by the sanitary 
engineers that the sewerage from the building in which we are, 
emptying into the tide sewer, which is one-third of the time 
closed by high water or by high tides in the Potomac River, and 
driving the noxious gases back into this building and into all the 
buildings whose sewerage empties into the old Tiber Canal, we can 



not afford, in my judgment, to abandon the worthy project wo 
are now entering upon to correct that great defect. 

I trust there will be no opposition bore or eLscwhcre to the ap- 
propriation, and I again express the hojje that if there is oppo- 
sition to the appropriations we intend to make, the Senator from 
Iowa, in the interest of humanity and good health, will insist 
ttpon this appropriation being retained in the bill. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the committee. 

The amendment was agreed to. 

The reading of the bill was resumed. 

The next amendmentof the Comniitteeon Appropriations was, 
in section 1. on page 19, lino 12, to increase the appropriation 
'•for suburban sewers" from "$.58,.300" to "$75,000." 

The amendment was agreed to. 

The next amendment was, in section 1, on page 19, after the 
words •'public sewers," to strike out " three thousand five hun- 
dred" and insert "five thousand:" so as to make the clause read: 

For condemnation of rights of way for the construction, maintenance, and 
repairs of public sewers, *5,000, or so much thereof as may be necessary. 

The amendment was agreed to. 

The next amendment was, in the appropriations for streets, in 
section 1, on page 20, in lino I, before the word "thousand," to 
strike out •' fifty " and insert " sixty;" so as to make the clause 
read: 

Repairs county roads: For current work of repairs of county road.s and 
suburban streets, $60,000. 

The amendment was agreed to. 

The ne.xt amendment was, in section 1, on page 20, after line 

20, to insert: 

For the extension of Kenesaw avenue to the Zoological Parle, $1,000; Pro- 
ridel. That no p.art of this sura shall be expended until the owners of the 
land shall dedicate a street at least 90 feet wide for said purpose, nor until a 
street is dedicated by the owners of the land (50 feet wide from Quarry road 
around the east side of the Zoological Park to the Rock Creek National Park 
and connecting said Qaarry road with Iveuesaw avenue extended. 

Mr. Mcpherson. Before agreeing to this amendment I 
should like to make an inquirj' of the chairman of the commit- 
tee: What disposition is being made in appropriations at this 
session of Congress to supply the Zoological Pai'k or the grounds 
with animals; in other words, to complete the park in the man- 
ner intended and provided for in the original act? If nothing- 
is to be done what is the particular necessity of improving the 
streets leading to the Zoological Park at a vast exi)en,se? I un- 
derstand that there is a great deal of dissatisfaction, and justly, 
as I think, manifested on the part of the citizens of Washington 
against the plan which was adopted of charging one-half of the 
cost upon the people of the city of Washington for the Zoologi- 
cal Garden — one-half the cost of its maintenance, and even the 
purchase of the property as well. 1 should like to know if any 
change is contemplated by the committee with respect to that 
matter? 

Mr. ALLISON. The appropriations for the Zoological Park 
are generally made, as the Senator is aware, in the sundry civil 
bill. That bill has not yet passed the other house. It has been 
reported by the Committee on Appropriations of the House of 
Representatives. It has not been considered by the Senate Com- 
mittee on Appropriations. So I am not able to state what will or 
will not be done in that regard. I will say, however, as respects 
this particular appropriation, that it is an easy method of reach- 
ing the Zoological Park, and inasmuch as we own the ground, 
although we may not be able in the future to feed the animals, a 
good many people will want to go out there for recreation, I have 
no doubt. 

Mr. CULLOM. W^hile, as the Senator from New Jersey states, 
there is a good deal of complaint on the part of tho citizens hero 
on account of the division of tho expense necessary to establish 
and maintain the park, yet I think in the other branch of Con- 
gress there will bo an approjn-iatiou made probably in tho line 
of taking care of the jjark, and it is only a question of amount as 
to what sum will be appropriated, so far as I now know. I am 
aware that there are a number of gentlemen who are taking quite 
an interest in the subject, and I think it may be reasonably ex- 
pected that some reasonable appropriation will be made to main- 
tain the park. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the committee. 

The amendment was agreed to. 

The reading of the bill was continued. The next amendment 
of the Committee on Appropriations was, in section 1, on page 

21, after line 3, to insert: 

In regiUatiug and macadamizing the street connecting Columbia road 
with Connecticut avenue extended toward the District line, JlO.OOu, and the 
appropriation of 810,000 made by tho District appropriation ar-t approved 
March 3, 1891, for graveling said street is hereby authorized to bo used for 
regulating and macadamizing the same: Provided, That the sum of $30,000 
shall be contributed by the abutting owners for the same purpose. 



3048 



CONGRESSIONAL EECORD— SENATE. 



April 7, 



Mr. FAULKNER. I desire to offer an amendment as a sub- 
stitute for the one reported by the committee. I believe it is 
satisfactory to the committee. I move to strike out the amend- 
ment of the committee and insert what I send to the desk. 

The VICE-PRESIDENT. The amendment will be read. 

The Secretary. It is proinosed to strike out the paragraph 
and in lieu thereof to insert: 

For regulating and luacadaraizing the street connecting Coiumbia road 
with Couuecticut avenue extended, and thenco along said avenue extended 
to the District line, $30,000, which said amount shall be a^/sessed upon the 
property fronting on said street and avenue in proportion to the number of 
front feet of each lot or parcel of land st> fronting. Suchassvssnient shall be 
collected in the same manner as oilier tuxes on real estate in the District of 
Columbia. And the SIO.OOO appropriated by the act of March 3, lb<il for gravel- 
ing said street and avenue shall be u.sed tor regulating and macadamizing 
the same, and both of said sums shall be immediately available. 

Mr. ALLISON. That amendment was pi-cpared by some gen- 
tleman and shown to me. The difference bstwecn that and the 
amendment proposed by the committee is, that I b/lieve the 
whole .sum is assjssjd upon the property. I c'rtainly s;-e no ob- 
jection to it if the property is worth enough to pay the cost of 
improvements. It seems to be assessed against the property. 

Mr. FAULKNER. According to the fi-ont foot. 

Mr. ALLISON. I suppose th-jro is no doubt about the fact that 
the property is valuable enough to pay the cost of the improve- 
ment. 

Mr. Mcpherson. I should like to inquire what has bean 
the custom in regard to the opening' and improving of streets in 
the District of Columbia heretofore? Has any portion of the ex- 
pense heretofore in the opening, regulating, grading, and paving 
of the streets, been paid by the District, or has it all been paid 
out of the Treasury by taxes levied ujjon the whole people? 

Mr. ALLISON. Mr. President, recently, as a rule, the cost 
of paving has been paid, under an arrangement we have made, 
one-half out of the Treasury of the United States and the other 
out of the taxes levied upon the people of this District; but that 
rule has been varied from in various ways and at various times. 
This is the best variation that I have seen. The amendment 
practically as.sesses the whole of the tax upon the abutting prop- 
erty-holders, except that $10,000 of this sum is to be paid out of 
the general revenue and $30,000 is to be assessed upon the prop- 
erty; that will be three-fourths to one. 

Mr. Mcpherson. Right in the line of my previous inquiry, 
I now ask if the practice heretofore has been to make payments 
for these improvements out of the District Treasury, of which 
this pi'operty has paid its share tocomplote by way of taxes paid 
into the public Treasury? By what right do you vary the rule 
now, and because this property is to be improved and developed, 
compel the owners to pay the whole cost of the improvements, 
when they have already paid their share of the cost of all other 
improvements in the city of Washington? Is there any equity 
in that? 

Mr. ALLISON. Well, Mr. President, to thoroughly go into 
that question would require considerable time, and it would be 
necessary to inquire why it was that the cost of improving and 
paving streets in this city and in Georgetown has been paid out 
of the general revenues. 

I will state the case briefly as I understand it. It will be borne 
in mind that during the system of Government which prevailed 
here from 1871 to 1875 abutting property-holders were required 
to pay one-third of the cost of the grading and of the paving of 
the streets and alleys in the cities of Washington and George- 
town, and the cost was assessed against those property-holders. 

The pavements that were laid were wooden pavements that 
rotted out, as we all know, in the course of five or six years. The 
people owning land in this city were taxed, of course, to pay for 
those pavements. When the readjustment was made, all these 
sums were thrown into the 3.G5 bonds of the District of Colum- 
bia as respects the pavements not paid for by the city. There- 
fore, tliere was an equity in the Government of the United States 
by appropriations paying for these pavements, because they had 
once been paid for, or at least one-third of them had been, and 
they had proved to bo of no value. That was within the cities 
of Washington and Georgetown. 

Now, we go outside of the cities of Washington and George- 
town, and wo find enterprising and energetic people who con- 
tribute their pittance of revenue and income to the purchase of 
land. They lay that land out into city lots and property, and 
they having paid a portion of the taxes that were assessed for the 
purposes of paving in this city, have no equity, in my judgment, 
that will justify us in paving outside of the city in the District 
as we have paved within the limits of the city. Therefore, for 
one, I wish to say that when the question comes up for my con- 
sideration I shall apply what I regard as an equitable rule out- 
side of this city in any vote I may cast here, and that will be a 
rule which will put upon a par tlie people outside of the cities of 
Washington and Georgetown with the people inside the cities. 

If we are to pave the new portions of this District that are carried 



into our expenditures, I do not think it is wise, or even just, for 
us to pave these portions of the District outside of the city out 
of the general revenue. Hence I, for one, welcome this proposi- 
tion which proposes to have three-fourths paid by the proprie- 
tors. 

Mr. Mcpherson. I wish to say that I am in entire sympa- 
thy with the amendment. I see the distinction now which the 
Senator draws between the city of Washington and the District 
of Columbia. If I understand him aright, the rule which had 
been applied to the city of Washington was a rule which had not 
been enforced outside of the city within the District. 

I believe street improvements should be assessed upon the prop- 
erty benefited, and whenever the people along a proposed street 
line desire the opening of a street, the regulating, the grading, 
the paving, or the sewering of that street, they may petition the 
District Commissioners to do it, and, when it is done, the cost of 
the entire improvement shoidd be paid by them. 

I supposed that the same rule was enforced outside of the city 
within the District which had been enforced within the city 
proper, and that was why I propoimded the inquiry. 

Mr. FAULKNER. I desire to say In reference to condemnar 
tion that, after a most thorough examination by the Disti'ict 
Committee, as to the extension of streets here, the committee 
adopted the plan which seems to carry out the views of the chair- 
man of the Committee on Appropriations, that, after first ascer- 
taining by ajui-y theditferencebjtweenthe damagesto thejirop- 
erty taken and the benefits to the residue of the tract, say for a space 
of a thousand feet or any particular tract of land, after ascer- 
taining and setting otT the benefits against the damages of fak- 
ing, then the bill provides that one-third of those damages shall 
be assessed upon the property, having already deducted from the 
damages the benefits received — one-third of the damages shall 
be assessed on the property so benefited and taken, and of the 
other two-thirds, one-third shall be paid by the District and the 
other third by the Government of the United States, carrying 
out, to some extent at least, the view of the chairman of the 
Committee on Ajipropriations. 

Mr. Mcpherson. This amendment is right in the same line. 

Mr. FAULKNER. This amendment goes further. 

The VICE-PRESIDENT. This question is on the amendment 
of the Senator from West Virginia, which is offered as a substi- 
tute for the amendment of the Committee on Appropriations. 

Mr. Mcpherson. Now, I wish to make another inquiry. I 
do not understand the Senator from West Virginia. If I under- 
stand him aright, he says the rule applied heretofore to prop- 
erty outside of the city within the District, has not been to assess 
the benefits entirely upon the property, which his amendment 
now proposes to do, if I understand the amendment. 

Mr. FAULKNER. Thatis right. 

Mr. Mcpherson, if the streets outside of the city limits 
and within the District line have been improved by other meth- 
ods, and if other property outside of the city has been taxed a 
portion of the expense, and the public to-day have the benefits of 
those improvements, which they have not paid for in tolo, but 
paid for in part, why adopt this rule in respect to that class of 
property? 

If the Senator from West Virginia will give me his attention 
a moment, I understand him to say that this is a new rule and 
that it has not been applied to other property outside of the city 
limits within the District. 

Mr. FAULKNER. Not to the extent that this amendment 
proposes. 

Mr. Mcpherson. The improvements heretofore made are 
public improvements, and all the people of the District have the 
benefit of them. Why adopt a new rule, then, in respect to the 
people who own this property and compel them to pay a larger 
share of the expense of improvements than we have compelled 
other peojile to pay for like improvements of which they are now 
receiving the benefit? 

Mr. FAULKNER. Because the parties who have to pay this 
I think are more benefited by these public improvements than 
others which have been made outside of the city limits. I do not 
think there is any objection on the pai't of the persons against 
whose land this amount would be assessed. 

The VICE-PRESIDENT. The question is on the amendment 
offered by the Senator from West Virginia as a substitute for 
the committee's amendment. 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

Mr. ALLISON. On behalf of the Committee on Appropria- 
tions I offer an amendment to be inserted on page 21, after line 12. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. On page 21, after line 12, it is proposed to 
insert: 

For grading North Capitol street between T street and the Soldiers' Home, 
$5,000, to be expended only when the land is donated: P/'oi-trfeti, That the sum 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3049 



of $5,000 stall be contributed by the parties directly Interested in the grading 
of said street for the same piu-pose. 

The amenclmont was agreed to. 

The reading of the bill was resumed. The next amendment of 
the Committee on Appropriations was, in section 1, on page 21, 
in line 14, to increase the total amount of the appropriations for 
" streets " from " $41,500" to " $55,500." 

The amendment was agreed to. 

Mr. ALLISON. I ask that the Secretary may be authorized 
to change the footings so as to correspond with the amendments 
which have been made. 

The VICE-PRESIDENT. It is customary to do that after the 
bill has been passed. 

Mr. ALLISON. That is all right. 

The reading of the bill was resumed. 

The next amendment of the Committee on Appropriations was, 
in section 1, on page 21, line 17, after the word ''alleys " to strike 
out "two thousand five himdi'ed" and insert "ten thousand:"' so 
as to make the clause read: 

Condemnation of streets, roads, and alleys: For condemnation of streets, 
roads and alleys, SlO.OOO 

The amendment was agreed to. 

The ne.Kt amendment was, in section 1, on page 21, line 21, be- 
fore the word ''thousand," to strike out "three" and insert 
"fifteen;" and in line 22, after the word "dollars" to strike out 
the following proviso: 

Provided, That no expenditure hereimder shall be made at a price higher 
than 24J cents per 1 ,000 square yards for improved streets and avenues— 

so as to make the clause read: 

Sprlnltling, sweeping, and cleaning: For sprinkling, sweeping, and clean- 
ing streets, avenues, alleys, and suburban streets, $115,000. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 22, line 5, be- 
fore the word "thousand," to strike out "eighteen" and insert 
"nineteen;" so as to make the clause read: 

For the parking commission: For contingent expenses, including laborers, 
cart hire, trees, tree-boxes, tree stakes, tree straps, planting and rare of trees 
on city tind suburban streets, whitewashing, care of parks, and miscellaneous 
items, 119,000. 

The amendment was agreed to. 

The next amendment was, in sectionl, on page 23, linelV, after 
the word "scales," to strike out "fifty" and insert "one hun- 
dred;" so as to read: 

For public scales: For repair and replacement of public scales, $100. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 24, beginning 
in line 1, to insert: ^ 

Rebuilding bridges: For rebuilding the bridge across Rock Creek^t K 
street NW, to be rebuilt in such manner that the bridge shall be m 
tlallyapart ot the street as to width, paving, and sidewalks, $20,000: Pre 
vided. That no street railway shall be constructed over said bridge. 

Mr. McMillan. I move to amend the amendment, in line 4, 
by striking out " twenty" and inserting "forty," before "thou- 
sand." 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. In the amendment of the committee, on 
page 24, line 4, before the word "thousand," it is proposed to 
strike out "twenty" and insert "forty;" so as to read: "$40,000." 

Mr. McMillan. The amendment is oft'ered for the reason 
that the District Committee and the Commissioners believe that 
it is now proper to rebuild a number of bridges, and among 
others the K street bridge. Instead of having flimsy, narrow 
bridges, it is intended to build them as wide as the streets, pave 
them, and have proper sidewalks. The engineer in making up 
the estimate made a mistake in regard to the cost of this bridge 
across Rock Creek. He estimated that it could be done for $20,- 
000. He writes me now that it will require $40,000, and I ask 
the Committee on Appropriations to allow that amendment to 
be made. 

Mr. ALLISON. I have a letter of a similar character from 
the Engineer Commissioner. 

;Mr. GORMAN. I should like to ask the chairman of the Com- 
mittee on the District of Columbia in regard to that bridge, for 
I know it is important, being on one of the principal streets in 
the city. On the west side of it, the Georgetown side, coming 
right up to the bridge, by a charter which has been grantecf, 
there is a steam railroad, with the right to construct a road, to 
lay tracks, but with no engines or cars yet running. There is a 
measure now pending before this body, reported from the Sen- 
ator's committee, to permit the use of steam right across the 
creek where this bridge is to be constructed. It is true that 
there is a proviso that the bridge itself shall not be used for rail- 
road purposes, but if that railroad is permitted to be operated 
there by steam, coming right up to the bridge, then the bridge 
will be practically of no earthly tise for travel, and the $40,000 
proposed to be appropriated will be thrown away. 



Mr. McMillan. I do not understand that to be the case, 
but the Board of Commissioners recommended that this bridge, 
being out of repair, shoidd be rebuilt. They themselves pre- 
pared a bill. It was done under the charge and control of the 
engineer, and I suppose thei'O is a necessity for this bridge. 

Mr. GORMAN. I have no question but that the engineers 
are right. I am perfectly familiar with the bridge, and have 
been since its construction. It is in a very bad condition. 

Mr. ALLISON. Do I understand the Senator from Maryland 
to say that there is authority now to rvui steam cai-s right abovo 
this bridge on the Georgetown side? 

Mr. GORMAN. I do, and the tracks are down. The charter 
has been granted, and there is pending now in this body a bill 
l>roviding for the extension of that road across Rock Creek. I 
liave no doubt that but for this provision, which the Senator 
himself has inserted here, that the bridge shall not be used for 
railroad purposes, it would have been constructed for a steam 
railroad. 

Mr. HALE. What bridge is that? 

Mr. GORMAN. The K street bridge across Rock Creek. 

Mr. HALE. Is it the bridge that we cross in driving out to 
Georgetown along Pennsylvania avenue? 

Mr. GORMAN. No; below that. 

Mr. HARRIS. Away bolow. 

Mr. GORMAN. It is on the street below the Aqueduct bridge, 
where the water pipes are. 

Mr. HALE. At the line of Rock Creek, and it is below Penn- 
sylvania avenue? 

Mr. GORMAN. It is below Pennsylvania avenue. I suggest 
to the chairman of the committee that this appropriation is, I 
think, a very proper one and a very necessary one, but he ought 
to move to recommit the bill which has been reported to this 
body providing for the extension of the line of that steam rail- 
road. If this appropriation is to be of value, the railroad cer- 
tainly ought not to be permitted to use the bridge or to come 
within 40 feet of it. 

Mr. FAULKNER. I do not know of any railroad that has 
authority to use this bridge or cross it. I know of no such bill 
that ever came from the District Committee. 

Mr. GORMAN. No, I did not say they had authority to use 
this bridge, but tliey occupy the street up to the bridge on the 
west side, and a bill is pending now permitting them to ci'oss 
Rock Creek, and as a matter of course they will cross right at 
"^ proposed bridge to come over on the Washington side, 
ere is no question about that at all. 

Mr. FAULKNER. To vvfhat company does the Senator refer? 

Mr. GORMAN. The Georgetown Barge, Dock, and Elevator 
Company. 

Mr. FAULKNER. That bill requires the company to go south 
of this bridge in coming over as far as Twenty-sixth street. That 
is not involved in this question at all. 

The VICE-PRESIDENT. The question is on the amendment 
of the Senator from Michigan [Mr. McMillan] to the amend- 
ment of the committee. 

Mr. Mcpherson. Let it be reported. 

The Chief Clerk. On page 21, line 4, in the amendment of 
the committee, before the word " thousand,'' it is proposed to 
strike out " twenty " and insert "forty;" so as to make the clause 
read: 

Rebuilding bridges: For rebuilding the bridge across Rock Creek at K 
street northwest, to be rebuilt in such manner that the bridge shall be sub- 
stantially a part of the street as to width, paving, and sidewalks, $40,000: Pro- 
vided, That no street railway shall be constructed over said bridge. 

Mr. HALE. I think it ought to be understood that the action 
of the Senate here, so far from being an encouragement that this 
road shall use this bridge or cross Rock Creek at the particular 
place where this bridge is to Ix) i-ebuilt, shall be notice to them 
that thej^are not to have that privilege. Otherwise, with their 
tracks laid and coming squarely against the end of this bridge, 
unless we take such action here as would negative it, the pre- 
sumption would be that they would ask us to run over this bridge, 
and permission would be given them. It ought to be understood 
that they must build somewhere else, that they must divert their 
track either below or above. 

Mr. CULLOM. We could not afford to have engines stand- 
ing at the other end of the bridge. 

Mr. FAULKNER. If the Senator will examine either of the 
bills now pending in the Senate in relation to this subject he will 
see at once that they do not in any way interfere with this bridge. 

Jlr. HALE. The track should be taken away from the end of 
the bridge and there should be no railroad over the bridge. 

Mr. PAQLKNER. There is no railroad over this bridge. 

Mr. HALE. No, but the Senator from Maryland says the 
track comes up square to the end of the bridge. That must te 
taken away, of course. 



Ik 



3050 



C0NGEES8I0NAL EECOllD— SENATE. 



April 7, 



Mr. FAULKNER. It comes, I suppose, to within 50 or 100 
feet of the bridg-e. 

Mr. HALE. Below it? 

Mr. FAULKNER. Yes, down by Water street, which is used 
entirely for warehouses and foundries. 

Mr. HALE. That is below. 

Mr. FAULKNEl^. No, it is on the same street. This bridge 
is rig'ht near Water street. 

Mr. HALE. That is the river street, the lower street. 

Mr. FiVULIvNER. Yes, there is nothing on either side of 
that street, except warehouses and foundries, and the railroad 
was put there originally for the purpose of supplying and accom- 
modating those foundries and warehouses. ' That is the purpose 
for which it is used, entirely and exclusively. 

The VICE-PRESIDENT. The question is on the amendment 
of the Senator from Michigan to the amendment of the com- 
mittee. 

The amendment to the amendment was agreed to. 

Mr. ALLISON. I move in line 5 of the amendment, after the 
word '• street," to insert '• or steam."' 

Mr. Mcpherson. I have not heard any reason for increas- 
ing this ajipropriation from $20,000 to $40,000. 

Mr. ALLISON. I will state to the Senator that the Engineer 
Commissioner of the District of Columbia in making the original 
estimate for $20,000, did not estimate for the full width of the 
street, and the Commissioners now recommend that it shall be 
built with sidewalks, etc., to go with it. 

The VICE-PRESIDENT. The amendment of the Senator 
from Iowa to the amendment of the committee will be stated. 

The Chief Clerk. In line 5, of the amendment, after the 
word "street," it is proposed to insert the words "or .steam;" so 
as to read: 

Provided, That no street or steam railway shall be constructed over said 
bridge. 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The reading of the bill was resumed. The next amendment 
of the Committee on Appropriations was, in section 1, on page 
24, after line G, to insert: 

For rebuilding the bridge across Rock Creek at M street northwest, to be 
rebuilt in such manner that the bridge shall b<! snbstantlally a part of the 
street as to width, paving, and sidewalks. $40,000. one-half of which sum shall 
be paid by the Washington and Georgetown Railroad Company. 

Mr. McPHERSON. Here comes that question again. I wish 
to submit just this one proposition, and I think it is an exceed- 
ingly fair and proper one. The Washington and Georgetown 
Railroad Company have the free use of the streets of the city of 
Washington, I understand, from the navy-yard clear across to 
Georgetown, for which they pay nothing whatever, which is a 
most valuable franchise. They have had the free use of this 
bridge in the past. Now, adopting the same principle which 
was adopted with reference to another line of railroad in a for- 
mer amendment, I think this company should ho compelled to 
rebuild the M street bridge at their own expense. I think the 
same rtile should apply to this amendment and the one which 
follows in relation to the Metropolitan Railroad Company. 

The District has furnished them trackways through the streets 
of the city and a bridge across Rock Creek up to the present time. 
Now the 'railroa<l company should furnish to the District, reserv- 
ing, of course, its right to cross this bridge, as it has its right 
under the charter, a free bridge across Rock Creek as a partial 
equity for the advantages they have in this city and for the great 
revenues they are deriving from the contributions of the people 
who patronize their cars. I move that the word "one-half " be 
stricken out. 

Mr. HALE. " One-half of." 

Mr. MCPHERSON. The amendment reads: 

One-half of which snm shall be paid by the Washington and Georgeto\\'n 
Railroad Company. 

I propose to strike out the words "one-half of." 

]\Ir. McMillan. I introduced a bill on behalf of the District 
Committee proposing that the amount to be paid by the Wash- 
ington and Georgetown Railroad Company and by the Metropol- 
itan Railroad Company shoirld be divided in that way. 

In reply to the Senator from New Jersey, I would say that the 
Wa.shing'ton and Georgetown Railroad Company pays a large 
tax for its privileges, upwards of $30,000 a year to the revenues 
of this District. They were originally given by Congress the 
right to use the M street bridge. The bridge is a weak and nar- 
row one, not fit for the purposes for which it was originally built, 
but the policy at that time ssemed to be a cheap policy, to build 
anything that would take across a team. 

To-day on all these bridges there arc notices that you must 
walk your horses across the bridges, because they are not safe. 
A bridge could bo built on M street for a very small amount of 



money that would answer the purposes of the railroad company, 
but it was thought desirable by the committee that a proper 
bridge should be constructed, as wide as the street itself, ])rop- 
erly paved, and with paved sidewalks, as if it was part of the 
street. Under those circumstances the committee thought it 
was only right and fair that the District government should pay 
one-half the cost, and 1 believe thatisafair division of the amount 
expended there, considering that the people of the District are 
going to use this bridge with their carriages and teams and as 
foot passengers, and it is intended for the public. If the railroad 
was not there, the public would have to have the bridge just the 
same. I therefore think the provision in the bill as reported by 
the Committee on Apjiropriations is a fair division of the amount 
that should bo paid. 

The VICE-PRESIDENT. The amendment to the amendment 
will be stated. 

The Chief Clerk. On page 24. in line 10, in the amendment 
of the Committee on Appropriations, after the word "dollars," 
it is proposed to strike out " one-half of; " so as to read: 

Which sum shall be paid by the Washington and Georgetown Railroad 

Comp[iny. 

Mr. McPHERSON. If it he the decision both of the District 
Committee and the Committee on Appropriations that this is 
equitable, and only equitable to the railroad company. I do not 
wish to press my amendment, although I think the railroad com- 
pany at this time should bo compelled to build the entire bridge 
and to give the easement over the bridge to the citizens of Wash- 
ington, the same as the railroad company has been enjoying from 
the District government. 

The VICE-PRESIDENT. Does the Senator withdi-aw his 
amendment to the amendment? 

Mr. McPHERSON. I withdraw it. 

Tne VICE-PRESIDENT. The question is on the amendment 
proposed by the committee. 

The amendment was agreed to. 

The reading of the bill was resumed. The next amendment of 
the Committee on Appropriations v.'as, in section 1, on page 24, 
after line 12, to insert: 

For rebuilding the bridge across Rook Creek at P street northwest, to be 
rebuilt in such manner that the bridge shall be substantially a part of the 
street as to width, paving and sidewalks, $.tO.OOO. one-half of which sum shall 
be i>aid by the Metropolitan Railroad Company. 

The amendment was agreed to. 

Mr. ALLISON. I offer the following amendment to be in- 
serted on page 24, at the end of line 17: 

Provided. That the control of bridges in the District of Columbia Is hereby 
conferred on the Commissioners of the District of Columbia, and they are 
hereby required to make such proper regulations as they may deem neces- 
sary for the safety of the public using said bridges, and for the lighting and 
police control of the same. 

The amendment was agreed to. 

The reading of the bill was resumed. 

The next amendment of the Committee on Appropriations was, 
in the appropriation for " Washington xVqueduct," in section 1 
on page 24, line 20, before the word "thousand," to strikeout 
"twenty "and insert " twenty-one," and in the same line, after 
the word "dollars," to insert: 

Provided. That all appropriations for the Washington Aqueduct shall be 
available tintil expended. 

So as to make the clause read: 

WASHINGTON AQUEDITCT. 

For engineering, maintenance, and general repairs, S31.000: Provided. That 
all appropriations for the Washington Aqueduct shall be available until ex- 
pended. 

Tho amendment was agreed to. 

The next amendment was, in the appropriations for " officers 
of public schools," in section 1, on page 2.5, line 4, after the word 
"dollars," to insert: 

One clerk to superintendent o( the first six divisions who shall also have 
charge of thi accounts of all per.sonal proi>erty pertaining to the school, 

mw. ' 

The amendment was agreed to. 

The next amendment was, in section 1, on page 2.^, line 11, to 
increase the total amount of the appropriations for salaries of 
ofificer'8 of ptiblic schools from "$8,0.50" to "$S,a50." 

The amendment was agreed to. 

The next amendment was, in the appropriations "for teachers 
of public schools," in section l,on page 2.5, line 18, after the word 
"for," to strike out "one" and insert "three," and in the same 
line, after the word "dollars," to insert "each:" so as to read: 

For thra^, at $1,400 each. 

The amendment was agreed to. 

Tho next amendment was, in section l,on page 25, line 20, after 
the word "for," to strike out " foiu'teen " and insert " twelve;" 
so as to read: 

For twelve, at $i,300 each. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3051 



The ameodment was agi-eed to. 

The next amendment was, in section 1, on page 26, lino 24, to 
increase the total amount of the appropriations for salaries of 
teachers of the public schools from " $012,400"' to "$612,800." 

The amendment was agreed to. 

The next amendment was, in section 1, on page 28, line 22, be- 
fore the word "thousand,'' to strike out "ten" and insert "eight;" 
so as to make the clause read: 

For the purchase of tools, machinery, material, and apparatus, to be used 
in connection with instruction in manual training, ^,000. 

The amendment was agreed to. 

The next amendment was, in section 1. on page 29, line 5, be- 
fore the word "grades," to sti-ike out " four '' and insert " six; " 
and in line 10, after the word " supplies,'' to strike out "twelve" 
and insert "thirty-five;" so as to make the clause read: 

For text-books and school supplies for use of pupils of the first six gr.ades, 
who at the time are not supplied \\-iih the same, tu be distributed by the Su- 
perintendent of Public Schools imder regulations to be made by the Com- 
missioners of the District of Columbia, and for the necessary expenses of the 
punhase, distribution, and preservation of said text-books and supplies. 

The amendment was agreed to. 

The next amendment was, in section t, on page 30, after line 
3, to insert: 

The Cominissioner of Education is hereby authorized and directed to ex- 
amine and report to Congress, on the first, day of its next session, on the 
schools of the District of Columbia, as respects their organization, efficiency, 
methods, and cost, and, with said report, make stioh recommendations as to 
Uim may seem advisable; and for this service ho shall receive $500, which 
sum is hereby appropriated, as compensation in addition to the compensa- 
tion now received by him. 

The amendment was agreed to. 

The next amendment was, in the appropriations "for Metro- 
politan police," in section 1, on page ."SI, line 2, before the word 
"privates," to strike out " five " and insert "twenty;" so as to 
read : 

Two htmdred and twenty privates, class 1. at $900 each. 

The amendment was agreed to. 

The next amendment was. in the same clause, in section 1, on 
page 31, before the word "drivers,'' inline 16, to strikeout " ten " 
and insert " thirteen;'' so as to read: 

Thirteen drivers of patrol w.agons. at $360 each. 

The amendment was agreed to. 

The next amendment was, in the same clause, in section 1, on 
page 31, line 18, to increase the total amount of the approjjria- 
tion for salaries of the Metropolitan police from "$4G'«,US0" to 
$482,660." 

The amendment was agreed to. 

The next amendment was, in section 1, on page .32, line 6, to 
increase the appropriation "for miscellaneous and contingent 
expenses, including stationery, books, telegraphing," etc., from 
"$16,000" to "17,.500." 

The amendment was agreed to. 

The next amendment was in section 1, on page 32, line 8, to 
increase the total amount of the miscsllaneous apijropriations 
for the Metropolitan police from "$21,700" to "$23,200." 

The amendment was agreed to. 

The next amendment was, in the appropriations "for the fire 
department," in section 1, on page 33, after line 10, to insert: 

For one new engine and house and lot for same, $31,5^0. 

The amendment was agreed to. 

Mr. ALLISON. Mr. President, the Senate having agi-eed 
upon the amendment just reported by the committee, I move the 
amendment which I send to the desk. 

The VICE-PRESIDENT, The amendment will be stated. 

The Chief Clerk. On page 32, line 25, it is proposed to in- 
sert: 

For one new engine, and house and lot for the same. $31,530. 

The amendment was agreed to. 

Mr. ALLISON. On page 32, after line 25, I move the amend- 
ment which I send to the desk. 

The VICE-PRESIDENT. The proposed amendment will be 
stated. 

The Chief Clerk. On page 32, after line 25, it is proposed 
to insert: 

For the following additional forcefromthelstday of January, IfiOS, namely: 
One foreman, at the the rale of $1,000 per annum; one engineer, at the rate of 
$1,000 per annum; one hostler, at the rate of $t«0 per annum; six privates :u 
the rate of 4'fOO each per aimum: in all, JT.WO. 

The amendment was agreed to. 

The reading of the bill was resumed. The next amendment of 
the Committee on Appropriations was, in section 1, on page 33, 
line 16, to increase the total amount of the miscellaneous appro- 
priations for the fire department from "$32,600" to "$64,120," 

The amendment was agreed to. 

The next amendment was, in the appropriations for ' ' telegraph 
and telephone service," in section 1, on page 34, line 9, before 



the word "thousand, "to strikeout "eight '"and insert "fifteen;" 
so as to make the clause road: 

For general supplies, rep.air3, new batteries and battery supples, telephone 
rental, wire, extension of the telegraph .and telephone service, repairs of lines, 
purchase of poles, insulators. br:ickel.s.plns. hardware, cross-,arms, gas, fuel, 
ice, record books, static inery,printiu,L,-, ortlco rent, purchaseof harness, wash- 
lug, blacksmi thing, f or,T.ge, extra labor, new boxe.s, and other necessary it«ms, 
$15,000. 

The amendment was agreed to. 

The nextamendment was, in the appropriation for the " health 
department," in .section 1, on page 34, line 1!), after the word 
" dollars," to insert " five inspectors of garbage, at $900 each." 

The amendment was agreed to. 

The next ami-ndment was, in section 1, on page 35, line 5, to in- 
crease the total amoimt of the apjiropriatious for salaries of offi- 
cers and employes of the health department from "$25,740" to 
"830,240." 

The amendment was agreed to. 

The next amendment was. in the miscellaneous appropriations 
for the hcaltn department, in section 1, on page 35, after line 9, 
to insert: 

For chemical laboratory tor tool in.spection. $800. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 35, lino 13, at 
the end of the clause appropriating $24,400 " for collection and 
removal of garbage and dead animals," to add the following 
proviso: 

Provided, That the CommLssioners of the District of Columbia may, in 
their discretion, allow, in addition to the above sum. $3,500 In case said gar- 
bage is removed in inclosed steel tanks and immediately destroyed, which is 
hereby apjiroprlated for the pm'pose. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 35, line 22, 
after the date " ISiJO," to strike out "one thousand five hundred " 
and insert "five thousand:" so as to make the clause read: 

For the enforcement of the provisions of an act entitled -'An act to prevent 
the spread of scarlet fever and diphtheria in the District of Columbia," ap- 
proved December 20, 1890, $5,000. 

The amendment was agreed to. 

Tlie next amendment was, in the appropriation for "courts," 
in section 1, on page 36, line 12, to increase the appropriations 
■■for witness fees" from •■$4,;)00" to ■■$8,000," 

The amendment was agreed to. 

The next amendment was, in section 1, on page 38, line 21, to 
increase the total amount of the miscellaneous approjiriations 
for courts from "$29,.'M0" to " $:32,800." 

The amendment was agreed to. 

The next amendment was, in section 1, on page 37, after line 
5, to insert: 

Compilation of the laws of the District of Colimibia: For clerical assist- 
ance and incidental expenses for the commission ou the compilation of the 
laws of the District of Columbia, authorized by the act approved March 2, 
1889, for completion of the work, $001), to be imniediatelj' available. 

The amendment was agi'eed to. 

The n3xt amendment was, in the appropriations "for Wash- 
ington Asylum," in section 1, on page 38, line 15, before the word 
■•overseers," to strike out " five" and insert "six: " so as to read: 

six overseers, at $600 each. 

The amendment was agreed to. 

The next amendment was, in the same clause, in section 1, on 
page 38, line IS, before the word "■ watchmen," to strike out 
"five " and insert " six: " so as to road: 

Six watchmen, at $365 each. 

The amendment was agreed to. 

The next amendment was, in the same clause, in section 1, on 
page 38, before the word " cooks," to strike out " three," and in- 
sert ■' four; " so as to read: 

Four cooks, at $120 each. 

The amendment was agreed to. 

The next amendment was, in the same clause, in section 1, on 
page 38, line 25, before the word " dollars," to strike out " sixty " 
and insert " seventy-five;" so as to read: 

Five ntirses, at J75 each. 

The amendment was agreed to. 

The next amendment was, in section ), on page 39, line 2, to 
increase the total amount of the appropriations for the salaries 
of officers and employes of the "Washington Asylum, from "$13,- 
875"' to "$15,035," 

The amendment was agreed to. 

The ne.xt amendment was, in section 1, ou page 39, after line 
13, to insert: 

For renewing and repairing the plimiblug lu the almshouse, ^,500. 

The amendment was agreed to. 

The next amendment was, in the appropriations " For Reform 



3052 



CONGRESSIONAL RECORD— SENATE. 



Apeil 7, 



School," in section 1, on paoje 39, line 22, after the word "dol- 
lars," to insert "each;" so as to road: 
Three foremen of woiitshops, at $600 each. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 41, beginning 
with line 1, to insert: 

For instruction of tliedeaf and tlumb; For expenses attending the instruc- 
tion ot deaf and dumb persons admitted to the Columliia Institution tor the 
Deaf and Dumb from the District of Columbia, under section 48154 of the Re- 
vised Statutes, $10,500, or so much thereof as may be necessary; and all dis- 
bursements for this object shall be accounted for through the Department 
of the Interior. 

The amendment was agreed to. 

The next amendment was, in the appropriations "For chari- 
ties," in section 1, on page 41, line 10, to reduce the appropria- 
tion "for relief of the poor " from " $10,000 " to " $14,000." 

The amendment was agreed to. 

The next amendment was, in section 1, on page 41, after line 
10, to insert: 

For a mtmlclpal lodging house and wood and stone yard, $5,000, or so much 
thereof as may be necessary ; and the Commissioners of the District are au- 
thorized to employ a superintendent of the same and to rent or otherwise 
secure suitable premises for carrying on the work. 

The amendment was agreed to. 

The next amendmest was, in section 1, on page 41, line 18, after 
the words "five thousand," to strike out "four" and insert 
"nine;" and in line 20, after the word " exceeding," to strike out 
" two thousand five hundred" and insert " three thousand;" so 
as to make the clause read: 

For temporary support of indigent persons, male and female, to be expended 
in such manner as the Commissioners of the District may deem best, $5,900, and 
from this sum the Commissioners may allot not exceeding $3,000 to the board 
of management of the Temporary Home for Soldiers and Sailors, Grand 
Army of the Republic, District of Columbia, and not exceeding $1,000 to the 
Young Woman's Christian Home, and not exceeding $1,000 to the Hope and 
Help Mission, and not exceeding $400 to the Washington Night Lodging House 
Association. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 42, line 4, after 
the word " dollars," to insert " for reimbursement of cost of con- 
struciion a retaining-wall to alley, $250; in all, $4,2.50; " so as to 
make the clause read: 

For the Woman's Christian Temperance Association, maintenance. $4,000; 
for reimbursement of cost of constructing a retaining-wall to alley, $250; in 
all, U.'iV). 

The amendment was agi'ced to. 

The next amendment was, in section 1, on page 42, line 8, after 
the word " dollars " to strike out — 

Provided, That as vacancies occur among the tt'ustees, other than mem- 
bers of Congress, they shall be filled by the District Commissioners. 

So as to read: 

For the Columbia Hospital for Women and Lying-in Asylum, mainte- 
nance, $20,000. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 42, after line 
13, to insert: 
For Central Dispensary and Emergency Hospital, maintenance, $6,000. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 42, lino 21, be- 
fore the word " thousand," to strike out " two "and insert "three;" 
so as to read: 
For the German Orphan Asylum, maintenance, $3,000. 

The amendment was agreed to. 

The next amendment, was in section 1, on page 43, line 8, after 
the word "dollars," to insert "for indispensable repairs, $500: 
in all $2,500;" so as to make the clause read: 

For Association for Works of Mercy, maintenance, $2,000; for indispensable 
repairs, $500; in all, $2,500. 

The amendment was agreed to. 

The reading of the bill was continued to the end of the follow- 
ing clause beginning in line 14, on page 43: 
For St. Joseph's Asylum, m;untenance, $500. 

Mr. VEST. Mr. President, I desire to move an amendment 
in line 14, on page 43, in the clans,? which has just been read. 

Mr. ALLISON. I will state to the Senator from Missouri that 
by the understanding when the bill was taken up the committee 
amendments were to be first considered. I ask the Senator to 
postpone liis amendment until they ai-e all disposed of. 

Mr. VEST. Very well. 

The reading of the bill was resumed. The next amendment of 
the Committee on Appropriations was, in section 1, on page 43, 
line 22, after the word " Senator," to insert " as such trustee or 
director;" so as to make the clause read: 

That in all cases where Members of Congress or Senators are appointed to 
represent Congress on any board ot trustees or board of directors of any 
corporation or institution to which Congress makes any appropriation, the 
term of said Members or Senator as such trustee or director shall continue 



until the expiration ot two months after the first meeting of the Congress 
chosen next after their appointment. 

The amendment was agreed to. 

The next amendment was, in the appropriations for the "In 
dustrial Home School," in section 1, on page 44, after line 2, to 
insert: 

For reconstructing the garret of the old central building so as to make It 
into a story of the regular height, $4,000. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 44, line 6, to 
insert the subhead "Reform School for Girls; " in the same line, 
after the woi'ds "For the," to insc^rt " purchase of ground, not to 
exceed 20 acres, at a cost not to exceed $5,000, and the; " in line 
8. after the word "completion," to insert "on the land so pur- 
chased:" inline 12, aftertheword "buildings," to strike out "on 
the United States Reform School farm in said District; " in line 
13, after the word "girls," to strike out " the sum of thirty-five " 
and insert "forty; " so as to road: 

Reform School tor Girls: For the purchase of ground, not to exceed 20 
aires, at a cost not to exceed $5,000, and the erection and completion on the 
hiud so purchased, according to plans and specifications to be prepared by 
the inspector of buildings and approved by the Commissioners of the District 
of Columbia, of a suitable building or buildings, to be used as a reform school 
fur girls, $40,000, to beexpended under the direction of said Commissioners. 
The amendment was agreed to. 

The next amendment was, in the same clause, in section 1, on 
page 44, line 15, after the word " Commissioners," to strike out: 

Said building shall be erected on a site to be selected by said Commis- 
sioners and the trustees of the Reform School ot the District of Columbia: 
ProuUled, That not more than 60 acres of said Reform School farm shall be 
appropriated lor the Reform School tor Girls herein provided lor. 

The amendment was agreed to. 

The reading of the bill was continued to the end of the follow- 
ing clause, beginning in line 21, on page 44: 

For the St. Rose Industrial School, maintenance, $2,500. 

Mr. BLACKBURN. Mr. President, I do not desire to inter- 
rupt the consideration of the bill, but simply ask the chairman 
of the committes to note that after it shall have been finished I 
shall offer an amendment to this paragraph. 

The reading of the bill was resumed. The next amendment 
of the Committee on Appropriations was, in section 1, to sti-ike 
out the clause from line 23, on page 44, to line 4, on page 45, in- 
elusive, as follows: 

For expenses attending the instruction of deaf and dumb persons ad- 
niUtsd to the Columbia lustitiUion tor the Deaf and Dumb from the EHstrlct 
ot Columbia, under section 4^64 ot the Revised Statutes, $10,500, or so much 
thereof as may be necessai'y; and all disbursements for this object shall be 
accounted tor through the Department of the Interior. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 45, after the 
date "1880," to strike out "four thousand three," and insert 
" three thousand four;" so as to make the clause read: 

To enable the Secretary ot the Interior to provide for the education of fee- 
ble-minded children belonging to the District of Columbia, as provided tor 
in the act approved Jime Id, 1880, $3,400, or so much thereof as may be neces- 
sary. 

The amendment was agreed to. 

The next amendment was, in the appropriations for " the mili- 
tia of the District of Columbia," in section 1, on page 46, after 
line 2, to insert: 

For expenses of camp of instruction, $5,000. 

The amendment was agreed to. 

The next amendment was, in the appropriations for "z-evenue 
and inspection branch of waterdepartment," in section 1, on page 
40, line 15, after the word "each" so strike out "one clerk, 
$1,000," and insert "two clerks, at $1,000 each." 

The amendment was agreed to. 

The next amendment was, in the same clause, in section 1 , on 
];age 46, line 20, after the word "dollars," to insert — 

One assistant engineer, $1,500. 

The amendment was agreed to. 

The next amendment was, in the same clause, in section 1, on 
page 47, line 18, after the word "thousand," to strikeout " two " 
and insert " five;" so as to read: • 

And for not to exceed at any time two inspectors on manufacture of cast-iron 
pipe, at a maximum rate of $4. .50 per day tor such periods as their services 
may be actually necessary, $1,500. 

The amendment was agiesd to. 

The next amendment was, in section 1, on page 47, line 19, to 
increase the total amount of the appropriations for salaries of 
officers and employes of "War Department " from "$40,656" to 
"$43,156." 

The amendment was agreed to. 

The next amendment was, in section 1, on page 48, line 4. after 
the word "hydrants" to strike out "eighty-five" and insert 
"one hundred; " so as to make the clause read: 

For fuel, repairs to boilers, machinery, ami pumping stations, pipe distri- 
bution to high and low service, material for high and low service, including 
public hydrants and fire plugs, and labor in repairing, replacing, raising, and 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3053 



lowering mams, laying new mains and connections, and erecting and repair- 
ing fire plugs and public hydrants, JlOO.OOO. 

The amondment was agreed to. 

The next amendment was, in section 1, on page 48, after line 
21, to insert: 

For extending the high-service system of water distribution, to include all 
necessary land, machinery, buildings, reservoirs, standpipes. mains, and ap- 
purtenances, $1^,()00, or so much thereof as may be available in the water 
fimd after providiug for the expenditures hereinbefore authorized; and the 
Commissioners of the District of Columbia are hereby authorized and em- 
powered to acqtiire by i^urchase, condemnation, or otherwise, the land, in- 
clitding necessary portions of public roads, required for the said extension, 
and the right of way, where necessary, for the conslritction, maintenance, 
and repair* of the requisite water mains and their appurtenances for the said 
extension. 

Mr. ALLISON. In line 23, I move to strike out from the 
amendment the word "reservoirs" before "standpipes." 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The reading of the bill was resumed. The next amendment 
of the Committee on Appropriations was to strike out section 3, 
as follows: ^ 

Sec. 3. That the Treasurer of the United States is hereby directed and au- 
thorized to apply such portion as may be deemed expedient of any surplus 
which may remain at the close of the tiscal 1803, and of each fiscal year there- 
after, of the general revenues of the District of Columbia in excess of one- 
half of those appropriations payable equally out of the revenues of the Dis- 
trict and the United States, together with any surpUis revenues of the wat 
department, to the payment of the balances yet remaining unpaid of 
debts of the District of Columbia created b.v the act approved July 15. 1, 
entitled "An act to increase the water supply of the city of Washington^ftid 
for other purposes." and of section 2 of the District of Columbia appropria- 
tion act, approved March 3, 1891: Provided. That the amoimt of said sui-plus 
shall be first reported to the Commissioners of the District of Colum^a and 
the Ti-easurer of the United Slates by the First Comptroller of the Ti-easury 
when called upon to do so. 

The amendment was agreed to. 

The reading of the bill was concluded. 

Mr. MCMILLAN. I offer the amendment which I send to the 
desk, recommended by a majority of the Committee on the Dis- 
trict of Columbia. Then I have a substitute to offer on my own 
account. 

The VICE-PRESIDENT. The amendment will ba stated. 

The Chief Clerk. On page 46, after line 8, it is proposed to 
insert: 

That the sum of $75,000. or .so much thereof as may be necessary, is hereby 
appropriated to pay the proper and legitimate expenses attending the recep- 
tion and entertainment of siu-h honorably discharged Union soldiers, sailijrs, 
and marines who served in the war of Ihr ret)elli. ui as may attend, as dele- 
gates or otherwise, the twenty-sixth national cncauipTncnt of the Grand 
Army of the Republic, in the city of Wasliingtc.n. iu the District of Colum- 
bia, and attending the preparation for sucli ri-'t-pticm and entertainment. 

Sec. 2. That one-half of the sum hereby appn ipii.Ui'd shall be paid out of 



/ 



Sec. 3. Tliat the sum hereby appropriated shall he paid to, and be dji 
bursed by, the citizens' executive committee of Washington having in chai'ge 
such reception and entertainment, under such regulations as may beqire- 
scribed by the Secretary of the Treasury: Provided, That no part of the 
above appropriation shall be available until the sum of $60,000 shall have 
been raised by popular subscription for a like purpose, and said money «o 
stibscribed shall first be expended. 

Mr. McMillan. I no\v offer a substitute for the amendment 
just read. 

The VICE-PRESIDENT. The substitute will be stated. 

The Chief Clerk. On page 46, after line 8, it is proposed to 
insei't: 

National encampment of the Grand Army of the Republic: To pay the 
proper and legitimate expenses attending the reception and entertainment 
of such honorably discharged Union soldiers, sailors, and marines, who 
eerved in the war of the rebellion, as may attend as delegates or otherwise 
the Twenty-sixth National Encampment of the Grand Army of the Republic 
In the city of Washington, D. C and attending the preparation for such re- 
ception and entertainment. $100,000. or so much thereof as may be necessary. 

The VICE-PRESIDENT. The question is on the substitute. 

Mr. HARRIS. Mr. President, I desire to say that the amend- 
ment i-oported from the Committee on the District of Columbia 
was not authorized by the unanimous committee. It is a report 
of a majority. 

I have stood here for fifteen years objecting to and voting 
against all appropriations which proposed to take money out of the 
Treasury and appropriate it to any mere charitable purpose, for 
any mere donation. I am one of the few who believe that Con- 
gress has no constitutional power or authority to levy taxes and 
collect money from the earnings of the people for any other than 
a public and legitimate governmental purpo.se. This can not 
be considered as a public or a governmental purpose. It would 
be a graceful charity if Congress should take $100,000 or $7.j.000 
of the moneys of the people out of the Treasury and give a mag- 
nificent entertainment to our distinguished visitors, but I deny 
the right of the Senate to appropriate moneys out of the Treas- 
ury, obtained by taxation, to anysuch purpose or to any purpose 
other than that of defraying the necessary expenses of the Gov- 
ernment itself. 

Upon that narrow, but as I think constitutional , ground I have 
stood for the fifteen years that I have had the honor of occupy- 



ing a seat upon this floor, and upon that ground I shall continue 
to stand. 

It would not have mattered with me, sir, whether this were 
l)roposed as a fund to honor the visitation of a Confederate re- 
union any more than for the persons to whom it is proposed to 
be appropriated. My point is that it does not fall within the 
line of any iluty of the Government: tluit we have no right to 
levy and collect taxes for any such purpose; and when you take 
the revenues out of the Treasui-y already collected, you sujicrin- 
duce the necessity of levying and collecting a similar amount to 
replace them. 

I shall be for that reason compelled to vote against the amend- 
ment, and against any appropriation for the object suggested. 

Mr. VEST. Mr. President, in addition to what has' been said 
by the Senator from Tennessee [Mr. IIakri.sJ, I desire to add 
that this seems to me the most extraordinary movement in the 
way of particular appropriation which I have encountered dur- 
ing my public service. In defiance of all sorts of misconstruc- 
tion arising from the fact that 1 was not a Federal soldier, I sim- 
ply want to appeal to the justice of the Senate; in regard to ap- 
propriating this amount of money, not out of the treasury of the 
District of Columbia, not out of the municipal funds of the city 
of Washington, but from the tax-money of the whole people of 
the United States. 

If, Mr. President, Congress had invited this association hero, 
then, under the rights of hospitality and the generous liberality 
that characterizes the American people in regard to all such 
occasions I should be the last Senator to oppose an appropriation 
twice or three times as large; but Congress has not been con- 
sulted in regard to this matter at all. The invitation was ex- 
tended by the citizens of the city of Washington alone, and a 
brief resume of the facts will show how palpably unjust would be 
the appropriation of this amount of money from the general 
treasury of the people. 

It is very well known that it has bien the custom for years of 
rival cities extending invitations to the Grand Army of the Re- 
public to hold their national encampments from year to year in 
those cities, and it is very well known that the merchants, hotel- 
keepers, saloon-keepers, and others reap a rich harvest from the 
assembling of this large number of old soldiers upon these occa- 
sions. When this annual encampment was about to occur, dur- 
ing the last year the city of Washington, as amunicipality, sent 
its citizens, with largo promises of hospitality and entertain- 
ment, to attract this encampment to their midst. Was it the 
action of CongressV Was it the action of the representatives of 
Litiie people, or was it the action of the citizens, shop-keepers, 
any money in the Treasur.v not otherwise appropriated, and the"remalnderit^"hot?l-keepers, and others in the city of Washington alone':" Now, 
out of the revenues ot the District of Columbia. * ,,„,i ,„ ii, ,•„„„„„;,„ ^r „Kt.,;„;„ *i • ^ ii_ I J 

'^ under this promise of obtaining this enciimpment the people of 

tlie whole country are called upon to defray one-half of the ex- 
pense of it. 

Mr. President, these exorbitant demands, for they are nothing 
else, by the jjcopleof Washington upon the General Government 
are becoming disgusting to the people of the whole of the United 
States. We liave built up with the money of all the people of 
the country the most beautiful city almost in the world. There 
is not a city in the United States that would not to-day give 
$20,000,000 in order to obtain the location of the capital of this 
great country of 65,000,000 people and it would pay all the taxes 
besides. But we are now building magnificent edifices here; we 
are paying one-half the taxes: we are making this city the favor* 
ite amongst all the municipalities of the country. They are not 
satisfied with this, but come here now and propose to make us 
pay one-half of the expenses of entertaining their guests, when 
tliey know at the same time that Congress has not been con- 
sulted in regard to the matter at all. It surpasses all that I have 
ever known in the exorbitant demands that are made upon the 
Congress of the United States because it is located here in this 
city of Washington. 

As to what has been said by the Senator from Tennessee in re- 
gard to the constitutional objections, if the right were so clear 
under the Constitution that it could be sean of all men at a dis- 
tance, I should not vote for this appropriation. When Wash- 
ington City and its people are reaping all the results and all the 
benefits, when they are their guests and not oui-s, when the 
Treasury to-day is not in a condition to sustain this sort of ex- 
penditure for any such purpose, it would, with my convictions, 
be a criminal act upon my part to sit here silent at th.i risk of 
any such misconstruction and permit any such appropriation to 
go through. 

Mr. COCKRELL. I ott'er an amendment to the amendment. 

The VICE-PRESIDENT. The amendment proposed by the 
Senator from Missouri will be stated. 

The Secretary. It is proposed to add to the proposed amend- 
ment: 

And the whole of said amount shall be paid exclusively out of the revenues 
of the District of Columbia. 



3054 



CONGRESSIONAL RECORD— SENATE. 



Apeil 7, 



Mr. McMillan. Mr. President, the objection to that in my 
mind is, that all the expanses of the District of Columbia are 
governed by Congress. The amount expended hero for every 
purpose is divided between the Government of the United States 
and the District. The United States Government own practi- 
cally one-half of the i^roperty in this District, and, therefore it 
Eays one-half of the taxes. It seems to me in a matter of this 
ind that it is only right and proper that this amount of money 
should be divided l^etwoen the two, just as everything else is, just 
as it is suggested to me as the Zoological Park is, which is a na- 
tional matter, though we make the District pay one-half, and for 
the Rock Creek Park, which is practically for the use of the 
whole country, Congress has made the citizens here pay one-half 
of the expense not only of the land, but of supporting it. 

I hope the amendment will not prevail. 

Mr. lEtlGGINS. Mr. President, the annual encampments of the 
Grand Army of the Republic have been held at one and another 
city of the country always upon the invitations of such cities, and 
upon them has fallen, as a part of their municipal functions, the 
duty of hospitality. In every case the fund for such entertain- 
ment, as has been stated by the Senator from Missouri [Mr. 
Ve.st], has been made up in part by the subscriptions of citizens, 
and invariably in part by contributions from the municipality 
and from the State in which the encampment is held. 

This year the invitation has been extended by citizens of Wash- 
ington, it has been accepted by the Grand Army of the Repub- 
lic, and their encampment is to bo held in this city. So we are 
met by this question under the jiarticular exigencies of the gov- 
ernment of this city. We have taken from the people of Wash- 
ington the right of self-government. We have, I will not say 
usurped, but we have absorbed that authority and that duty. 
This call comes upon us with precisel}' the same force and is of 
just the same character as the call which has been made to the 
municipal governments of the cities and to the Legislatures of 
the States where this encampment has been held in other cities. 
The constitutional authority that we have is precisely the au- 
thority which the Legislatures of the States have, and our duty 
is no larger nor other than their duty. 

Shall it be said that it does not belong to the municipality to 
exercise the function of liospitality? Have the Legislatures of 
the States no power to make such appropriations'? If they have, 
certainly we have. So, Mr. President, it comes to the other 
question as to what the amount shall be. The committee, in the 
first instance, placed the amount at $75,000, the representation 
having been made to the committee that the citizens would raise 
$•50,000, and $100,000 having been asked for from the Government. 

The committee lirst recommended an amendment to the bill 
I^lacing the amount of the appropriation by Congress at $75,000, 
of course one-half of that sum to be paid, like all others raised 
by taxation, from the revenues of the District and one-half from 
the revenues of the General Government. But that has elicited 
and called forth from the committee of citizens having charge of 
this matter, and from the public ]iress and other representatives 
of public opinion and those having charge of the subject the 
claim that $100,000 is needed for the proper exercise of the func- 
tion of hospitality in this instance. 

I wish to ask if this Government is going to put anai'row limit 
upon the amount that will properly be appropriated for this pa- 
triotic subject? It is perfectly clear that the occasion of the 
meeting of the Grand Army of the Republic in this capital and 
historic city is going to call forth a larger number of visitors, a 
larger encampment than has ever before been held in the his- 
tory of that organization or in the history of the Government. I 
shall not expect that Congress, representing the people of the 
United States, will stint their allowance to less than the exi- 
gencies of the occasion may require. 

Neither can I see that this appropriation differs from any 
other as to the fund from which it should be drawn. It falls 
upon the municipality properly, and how are all of these obliga- 
tions met? Upon the principle by and large that the Govern- 
ment, ovrning one-half of the property, shall assume one-half of 
the taxes, obligations, and duties that fall upon the District. 

It seems to me, therefore, that the amendment suggested by 
the committee is just and ought to pass, and that the amend- 
ment to the amendment offered by the Senator from Missouri 
just before I rose to submit these remarks should not be adopted. 

Mr. VEST. Mr. President, if the proposition of the Senator 
from Delaware be correct, then both as a matter of law and equity 
our wards in the city of Washington should assume the position 
of wards, and not undertake to bind us by extending even hos- 
pitable invitations to anybody. The fallacy of the argument is 
that when the people of Washington propose toexercise the func- 
tions of a municipal government they do so and then come to Con- 
gress to make good the liability they assume themselves. 

The Senator says that an enormous encamjiment will be held 
here. Every soldier or ex-soldier who comes here will pay so 



much money to the pe«ple of Washington. Evei'y one of them 
who spends a dollar here will pour it into the coffers of the people 
of this city. Why do the cities of the United States scramble 
for this encampment year by year exactly as they do for the con- 
ventions of the great political parties? It is to put monej' in 
their pockets, and for no other purpose. 

When the Senator says that we occupy the position of a State 
Legislature relatively to this matter I would be gftd for him to 
show me the custom that has sprung up in this country of the State 
Legislatures paying the expenses of these encampments invited 
by cities. 

Mr. DAWES. The encampment was held last year in Boston. 
The State Legislature appropi'iatcd $50,000, the city of Boston 
$25,000, and the citizens i-aised thirtv-odd tho\isand "dollars. 

Mr. VEST. Exactly, and that was the Stale of Massachu- 
setts. When this encampment was held in the State of Mis- 
souri, the city of St. Louis paid the expenses, as it ought to 
have done and the General Assembly of Missouri paid noth- 
ing. 

Mr. DAWES. The Legislature of Massachusetts ])aid $50,000. 

Mr. VEST. I understand, and they had the right to do it; and 
I do not question that: and if this was the Legislature in that 
sense of the people of the city of Washington, if we had author- 
ized them to extend this invitation, if we were at all responsible 
for it, as a matter of cour.se it would be in the nature of a con- 
tract. The Legislature of Massachusetts represented the people 
of the State. The Congress of the United States represents the 
people of the whole Union, not of theDistrictof Columbia alone. 

I say no such custom has prevailed. It may have been done in 
the State of Massachusetts. It was not done in the State of Mis- 
souri, and if there are other St,atcs in which the Legislatui-ehas 
been called upon to do it, it furnishes no precedent for us. The 
whole thing rests at last upon the single question whether if the 
people of the city of Washington acted without consulting Con- 
gress, Congress is bound in any way to pay the expenses of the 
guests whom they have invited. 

Mr. PEFFEI.i. -Mr. President, the argument in favor of this 
appropriation is based upon an assumption that Congress is under 
an obligation in some way to pay at least a certain amount o! 
money to entertain the soldiers when they come here this fall. 
I do not agree with that assumption. I do not believe that th 
people of the United .States are under any obligation to pay fo: 
entertaining the old soldiers when the}' come to Washington 
If that were true, the same obligation would rest upon Congn-.-^ 
no matter where the Grand Army should hold its national en- 
campment. 

At the outset permit me to say that I was a Federal soldier. I 
served in the army three of the bnst years of my life. I have 
some recollections of that great war that I shall carry with nn: 
to the bivouac at the other side. I do not believe that the old 
boys who wore the blue are beggars. I do not believe that they 
afe going about the country asking for the hospitalities of the 
])eople either of a particular locality or of the country in general. 
But I do believe that when a city or s State, or. if it might b 
the nation, invite the Grand Army to come and partake of tht , 
hospitalities the city or the State should pay the expenses. : 
think that the old boys will feel just that way about Washingto 
City. 

I understand that the people of the capital city have invito 
the soldiei's to come and hold their national encampment her. 
I understand that they bid for their coming, and that thej' prom- 
ised them entertainment; but they were not authorized by this 
body to say that the people of the whole nation would pay tin- 
expenses. 

Now. another thing', Mr. President. This custom is one that 
is growing in the country; and it seems to me that if we are not 
able to stop it now, those of us who are thinking alx)ut the grow- 
ing custom ought to intei-pose at least one mild objection to it. 
First the citizens of a particular town, and only a small portion 
of those citizens, the real estate dealers, the bankers, the hofO- 
keepei's, and other classes who expect to profit by the coming of t ! . 
people extend an invitation. They pledge their own people. 

Perhaps they are authorized to do that, and it may be wc . 
enough; but when they come to pledge the money and the r. 
sources of a larger body, of a whole State or a whole nation, th. ;. 
go far beyond their authority. First, these pledges will bemad, 
to the Grand Armj', and then as soon as the invitation is ac- 
cepted and arrangements are made for the encampment, imme- 
diately a system of tegging — if I am not using too harsh an ex- 
pression — fs indulged, asking somebody else to corao in and to 
pay the burdens that may be imposed ujion a particular people, 
wlien as a matter of fact all that is gained, in a pecuniary view, 
from the coming of these men goes into the coffers of the people 
of the particular city. Ml 

The people of the country will not be benefited by the com- "' 
iug of the old soldiers here. If any personal or pecuniary bene- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3055 



fit is derived from their coming it will be to the citizens of Wash- 
ington and to no other class of people. 

In making' these remarks I know that I am treading upon 
tender ground; I know that I am arousing tender feelings in the 
hearts of many members of this body and of others who are listen- 
ing, and I want to give my reasons for my position before I con- 
clude. It seems to me, sir, it is time that we, the old soldiers, 
should cry out against this practice of first inviting the boys to 
come and then asking other people to pay for their dinners. I 
do not believe in it, and I think it is time that some one at least 
who was connected with the Grand Army should have the cour- 
age to say so before the people. 

There is another point to be considered. We have no author- 
ity even to pledge ourselves to grant this money. Whatever 
money we agree to pay is the people's money; it is not ours. 
We are here as the custodians of the people's money, to use it in 
their interest and not to appropi-iate it for private uses. 

I was surprised when I heard of the amendment being pro- 
posed to this bill, that the people of the country should bo asked 
to pay an obligation that the citizens of Washington have volun- 
tarily assumed. 

Having said this much, I will now take one night to consider. 
I think that we will hardly dispose of this measure finally until 
to-morrow. I will take one night to consider what mj- old soldier 
friends in Kansas would ask me to do in voting upon this question. 
Thei-e are many of Ihem here in this city. I say I will take time 
to think about that; and if my vote should in the end be in favor 
of the appropriation, it will be under my own personal jirotest 
and in obedience to the wishes of those who stand behind mo. 

Mr. HIGGLNS. Mr. President, it seems to me quite indifferent 
whether we regard the Congress of the United States as stand- 
ing here as the city council or municipal government of Wash- 
ington and the District of Columbia or as the State Legislature. 
It seems that in Massachusetts the State Legislature appropriated 
a part of the fund for the entertainment of the Grand Army at 
Boston. We are told by the Senator from Missouri that the State 
of Missouri did not contribute to the entertainment of the Grand 
Army in St. Louis, but it was done by the municipality of St. 
Louis alone. 

However, the Congress of the United States is virtually the 
municipal government of the District of Columbia, and that Dis- 
trict is not a State. Originally it was but 10 miles square. After 
that Alexandria was taken off of it, and virtually the city of 
Washington is coterminous with the District of Columbia. It 
therefore comes before Congress, virtually acting for this munic- 
ipality, and the reason why we have to act upon it is that we 
ha\e taken away from this ijeople the power and right of munic- 
ipal government. So our obligation is precisely equivalent to 
what it would be if we were the city council of the city of Wash- 
ington. 

The Senator from Missouri has said that wo are called upon 
to pay the bill of an entertainment which we have not asked for, 
but which was asked for by the citizens of Washington on their 
own motion before they came to Congress in the first instance. 
I would ask if that has not been the course in every instance of 
the kind'? I would ask whether in any city of this country where 
the Grand Army has held its encampment an invitation was not 
extended in the first place by the citizens before they had sup- 
port from their city council or from their State Legislature? 
They go forward upon the expectation that they are speaking 
for all the people of the city, and that the citizens will be per- 
fectly willing to expend their mohey on that behalf. 

Neither can it be said in this case that we are voting the money 
of the people of the United States in any different sense from 
what we do in the payment of all our appropriations for the Dis- 
trict of Columbia. The duty to pay one-half of this tax, like 
that of every other, rests ujion the fact that the United States is 
the half owner of the property here, and therefore has to meet 
one-half of its obligations. 

Mr. COCKRELL. I do not know that we can dispose of this 
question this evening, and therefore I should like to suggest one 
or two amendments. I propose to strike out "$100,000" and in- 
sert "$80,000." In connection with that I propose to make it 
payable by the District. I want that to come in with my amend- 
ment, and I hope that it will be agreed to. 

Mr. CULLOM. Pending that I move that the Senate pro- 
ceed to the consideration of executive business. 

Mr. ALLISON. I ask the Senator from Illinois to yield to me. 

Mr. HAWLEY. I wish to offer an amendment. 

Mr. CULLO'M. I yield to the chairman of the committee and 
to the Senator from Connecticut. 

Mr. HAWLEY. I wish to submit an amendment to the amend- 
ment, which I shall propose to-morrow to the paragraph under 
consideration. There is already an amendment to the amend- 
ment pending, so I can not offer it now, but I submit it so that 
it can go into the Record. I propose to add, after the words sub- 



mitted by the chairman of the Committee on the District of Co- 
lumbia: 

And the sum hereby appropriateil .shall \>e paid to and disbursed by the cit- 
izens' executive committee of Washini^tonhartn!; in charge such reception 
and entertainment, under such regulations as may be prescribed by the Sec- 
retary of War. 

I shall offer that amendment to the amendment when it will 
be in order. 

Mr. ALLISON. I omitted to propose one amendment in be- 
half of the committee, which T ask may be disposed of now. and 
then I will yield to the motion of the Senator from Illinois for an 
adjournment or an executive session. On page 21, after line 12, 
I move to insert; 

For Harewood road, widening, grading, and extending to Bales' road, 
$5,0000: Provided, That there is dedicated to the District of Columbia enough 
of the abutting land on each side of said Harewood road to make .said road 
au feet wide (the cost of removing and robiiilding the Soldiers' Home east 
gate lodge and the fencing, to be paid for out of said appropriation) : and the 
board of commissioners of the Soldiers' Homo is hereby authori/.ed to dedi- 
cate its share of the abutting laud and to allow the said road to be so widened, 
graded, and improved where it abuts on the Soldiers' Home grounds; Pro- 
vhtfdfiirtlur, That the extension of the Hates' road shall be dedicated along 
such line as may be approved by the Commissioners of the District of Co- 
lumbia. And 2>rovidea further. That nothing herein contained shall apply to 
that portion of the Harewood Road between the Soldiers' Home and the Na- 
tional Cemetery. 

I desire to have the amendment acted upon now. It relates to 
the narrow road between the Soldiers' Home grounds and the 
University grounds, in the eastern part of the District. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment submitted by the Senator from Iowa [Mr. ALLISON]. 

The amendment was agreed to. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had passed 
a bill (H. R. G007) to place wool on the free list and to reduce the 
duties on woolen goods; in which it requested the concurrence 
of the Senate. 

LIST OF TREASURY EMPLOYES. 

The VICE-PRESIDENT laid before the Senate a communica- 
tion from the Secretary of the Treasury, transmitting, in re- 
sjionse to a resolution of INIarch 24, 1892, a list of the employes 
of that office not specifically authorized or appropriated for" by 
law, but appointed or employed according to the discretion of 
the Secretary of the Treasury, and paid from some general or 
special fund subject to his control: which, with the accompany- 
ing papers, was referred to the Committee on Civil Service and 
Retrenchment, and ordered to be printed. 

HOUSE BILL REFERRED. 

The bill (H. R. 6007) to place wool on the free list and to reduce 
the duties on woolen goods was read twice by its title, and re- 
ferred to the Committee on Finance. 

EXECUTIVE SESSION. 

Mr. CULLOJI. I move that the Senate proceed to the con- 
sideration of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After five minutes spent in 
executive session the doors were reopened, and (at 5 o'clock and 
20 minutes p. m.) the Senate adjourned until to-morrow, Friday, 
April 8, 1892, at 12 o'clock m. 



NOIkUNATIONS. 

Executive nominations received by the Senate Aj^ril 7, 1S93. 

JUSTICE OF THE PEACE. 
John H. O'Donnell, of the District of Columbia, to be justice 
of the peace in the District of Columbia, to be assigned to the 
city of Washington, vice John Evans, whose term will expire 
April 9, 1892. 

POSTMASTERS. 

Lee McLaughlin, to be postmaster at Sanger, in the county of 
Fresno and State of California, the appointment of a postmaster 
for the said office having, by law, become vested in the President 
on and after April 1, 1892. 

Sylvester S. Bookhammer, to be postmaster at Lewes, in the 
county of Sussex and State of Delaware, the appointment of a 
postmaster for the said office having, by law, become vested in 
the President on and after April 1. lsi)2. 

John W. Hallenbeck.tobe postmaster at Auburn Park, in the 
county of Cook and State of Illinois, t'ne appointment of a post- 
master for the said office having, by law, become vested in the 
President on and after April 1, 1892. 

Henry Schrage, to be postmaster at Whiting, in the coimty of 
Lake and State of Indiana, the appointment of a postmaster for 
the said office having, by law, become vested in thePi-esideut on 
and after April 1 , 1892. 



3056 



CONGEESSIONAL RECORD— HOUSE. 



April 7, 



WilliamF. Judiesch, tobepostmasteratHolstein, in the county 
of Ida and State of Iowa, the appointment of a postmaster for the 
said oftice liaving, by law, become vested in the President on and 
after April 1, 1892. 

Wary F. Trump, to be postmaster at Maquokota, in the county 
of Jackson and State of Iowa, in the place of Dorsey W. Trump, 
deceased. 

David Vail, to be postmaster at New Sharon, in the county of 
Mahaska and State of Iowa, the ap])ointment of a postmaster for 
the said office having, by law, become vested in the President on 
and after April 1, 1892. 

Henry Vaupel, to bo postmaster at Morganfield, in the county 
of Union and State of Kentucky, the appointment of a postmaster 
for the said office havintj, by law, become vested in the President 
on and after April 1, 1892. 

.Tames I. Weaver, to be postmaster at London, in the county 
of Laurel and State of Kentucky, the appointment of a post- 
master for the said office having, by law, become vested in the 
President on and after April 1, 1892. 

Claries E. Gorham, to be postmaster at Great Barrington, in 
the county of Berkshire and State of Massachusetts, in the place 
of Julia E. Seeley, I'cmoved. 

Simon J. McKenzie, to be postmaster at Adrian, in the county 
of Nobles and State of Minnesota, the appointment of a post- 
master for the said office having, by law, become vested in the 
President on and after April 1, 1892. 

William H. Hyler, to be postmaster at Port Chester, in the 
county of Westchester and State of New York, in the place of 
James S. Logan, removed. 

George B. Tripj), to be postmaster at Mechanicsville, in the 




county of Crawford and State of Pennsylvania, the appointment 
of a postmaster for the said office having, by law, become vested 
in the President on and after October 1, 1891. 

John B. S. Zeller, to bo postmaster at Mount Joy, in the county 
of Lancaster and State of Pennsylvania, in the place of Jacob W. 
Shrite, whose commission expires April 6, 1892. 

William F. Albright, to be postmaster at Eaton, in the county 
of Preble and State of Ohio, in the place of William F. Jones, 
whose commission expires April 12, 1892. 

Richard L. Tomplin, to be postmaster at Calla, in the county 
of Mahoning and State of Ohio, the appointment of a postmaster 
for the said office having, by law, become vested in the President 
on and after April 1, 1892. 

Charles S. Doubleday, to be postmaster at Hico, in the county 
of Hamilton and State of Texas, the appointment of a postmaster 
for the said office having, by law, become vested in the President 
on and after April 1, 1892. 

Fulgence De Bordenave, to be postmaster at Franklin, in the 
county of Southampton and State of Virginia, the appointment 
of a postmaster for the said office having, by law, become vested 
in the President on and after April 1, 1892. 

James Carter, to be postmaster at Chatham, in the county of 
Pittsylvania and State of Virginia, the appointment of a post- 
master for the said office having, by law, become vested in the 
President on and after April 1, 1892. 

William L. Bacholder, to be postmaster at Durand, in the 
coimty of Pepin and State of Wisconsin, the appointment of a 
postmaster for the said office having, by law, become vested in 
the President on and after April 1, 1892. 

PROMOTIONS IN THE ARMY. 

Quartermaster's Bcpartmcnt. 

Capt. Samuel R. Jones, Fourth Artillery, to be assistant quar- 
termaster, with the rank of captain, with rank from April 13, 
1891, vice Chase. 

Capt. Constantine Chase, assistant quartermaster, to be cap- 
tain of artillery, with rank from April 13, 1891 , vice Jones, Fourth 
Artillei-y. 

Infantry arm. 

First Lieut. Arthur L. Wagner, Sixth Infantry, to be captain, 
April 2, 1892, vice Groesbeck, Sixth Infantry, who resigns his 
line commission on accepting appointment as major and judge- 
advocate. 

Second Lieut. Robert L. Bullard, Tenth Infantry, to be first 
lieutenant, April 2, 1892, vice Wagner, Sixth Infantry, promoted. 



CONFIRMATION. 
Executive nomiuution confirmed hy the Senate, April 7, 1S03. 

REGISTER OF LAND OFFICE. 

Franklin P. Phillips, of Watertown, S. Dak., to b3 register of 
the land office at Watertown, S. Dak. 



HOUSE OF EEPRESENTATIVES. 
Thursday, April 7, 1803. 

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. 
W. H. MILBURN, D. D. 

The Journal of the proceedings of yesterday was read and ap- 
proved. 

SECTION -mS, REVISED STATUTES. 

The SPEAKER laid before the House a letter from the Secre- 
tai-y of the Treasury, transmitting draft of bill to amend section 
4415 of tlie Revised Statutes; which was referred to the Com- 
mittee on Interstate and Foreign Commerce. 

HEATING "APPARATUS IN PUBLIC BUILDINGS. 

The SPEAKER also laid before the House a letter from the 
Secretary of the Treasury, i-equcsting an additional appropria- 
tion to enable the Department to fui-nish heating apparatus in 
public buildings at Greenville, S. C, Los Angeles, Cal., States- 
ville, N. C, and Vicksburg, Miss.; which was referred to the 
Committee on Appropriations. 

THOMAS THATCHER. 

The SPEAKER also laid before tlie House a communication 
from the Court of Claims, transmitting copy of the findings in 
thecase of Thomas Thatcher; which was refeiTed to the Commit- 
tee on Claims. 

EDWARD S. ARMSTRONG. 

The SPEAKER also laid before the House the bill (S. 18) for 
the I'elief of Edward S. Armstrong. 

Mr. NORTON. Mr. Speaker, I ask unanimous consent that 
this bill be now considered, a bill relating to the same subject 
having been I'eported by the House committee. 

The SPEAKER. The bill will be read subject to objection. 

The bill was read, as follows: 

Be it enacted, etc., That the sum of $1,673.14 be, and the same Is hereby, ap- 
propriated, out of any mouey iu the Treasury not otherwise appropriated, 
to pay Edward S. Armstrong, of Ralls County, Mo., it being the one-eighth 
part of a judgment rendered by the Court of Claims on the SSd of November, 
1860, against the United States, in favor of the estate of James B. Armstrong, 
deceased. 

Mr. BURROWS. Has this bill been considered by the House 
committee? 

Mr. NORTON. Yes, and tmanimously reported. 

Mr. BURROWS. How much does it carry? 

Mr. NORTON. The sum of $1,663. 

There being no objection to the consideration of the bill, it 
was ordered to a third reading, and was accordingly read the 
third time, the question being on its passage. 

The question was taken; and on a division there were — ayes 
96, noes 6. 

Mr. BAILEY. No quorum. 

The SPEAKER. The point of order being made that no quo- 
rum has voted, the Chair will appoint tellers. 

Mr. Bailey and Mr. Norton were appointed tellers. 

The House again divided; and the tellers reported — ayes 167. 

Mr. BAILEY. Mr. Speaker, a quorum having voted, I with- 
draw the point. 

So the bill was passed. 

On motion of Mr. NORTON, the motion to reconsider the last 
vote was laid upon the table. 

The House bill of the same purport was ordered to lie upon the 
table. 

privilege of the floor. 

Mr. BUCHANAN of New Jersey. Mr. Speaker, I rise to sub- 
mit a question, and am not certain whether it be a question of 
privilege or a parliamentary question. 

The SPEAKER. The gentleman will state it. 

Mr. BUCHANAN of New Jersey. In the first session of the 
Fiftieth Congress a resolution of thanks, directing that a medal 
•be prepared was voted to Joseph Francis, the inventor so promi- 
nently known in connection with the founding of the Life-Saving 
Service. Our rules, I believe, admit such gentlemen to the priv- 
ileges of the floor; but I am not advised whether it is necessary 
to make a motion to that effect or not. 

The SPEAKER. It the rule provides for the admission a card 
is issued on application to the Speaker. 

Mr. BUCHANAN of New Jersey. I desire that Mr. Francis 
be admitted. 

The SPEAKER. If the gentleman will call the attention of 
the Chair to the matter the Chair will cause a card to be pre- 
pared. 

leave of ABSENCE. 

By unanimous consent leave of absence was granted as follows: 
To Mr. Vincent A. Taylor, for one week, on account of im- 
portant business. 



1892. 



CONGRESSIONAL EECOED— SENATE. 



3075 



He also presented the petition of E. F. Burr and other citizens 
of Lyme, Conn., praying- that no exposition or exhibition for 
which appropriations are made by Congress shall be opened on 
Sunday, and that the sale of intoxicating liquors be prohibited 
thereat; which was referred to the Committee on theQuadro- 
Centennial (Select). 

He also presented the following petitions of Newington, Cole- 
brook, East Hampton, Farmington, Quinnatisset, Manchester, 
Woodbridge, Somers, East Windsor, Watertown, and Sufiield 
Granges, Patrons of Husbandry, of Connecticut: 

Petitions praying for the enactment of legislation for the en- 
couragementofsilkculture — refen-edto the Committee on Agri- 
culture and Forestry. 

I'etltious i^raying for the enactment of legislation to prevent 
gambling in farm jn'oducts — to the Committee on the Judiciary. 

Petitions praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petitions praying for the passage of a bill to prevent the adulter- 
ation of food and drugs — ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts—referred to the Committee on Post-Ofliices and Post-Roads. 

Petitions praying for the passage of a bill making certain issues 
of money full legal tender in payment of all debts— to the Com- 
mittee on Finance. 

Mr. TELLER presented a petition of citizens of Doviglas 
County, and a petition of citizens of Logan County, in the State 
of Colorado, praying for the passage of legislation regulating 
speculation in fictitious farm products; which were referred to 
the Committee on the .Judiciary. 

He also presented a memorial of the Methodist and Presby- 
terian Churches of Port Collins, Colo., remonstrating against the 
opening of the World's Columbian Exposition on Sunday; which 
was referred to the Committee on theQuadro-Centenniar(Select). 

He also presented a petition of the Salida(Colo.) Free Coinage 
Club, praying for the free coinage of silver; which was ordered 
to lie on the table. 

He also presented the following petitions of Dry Creek Valley 
Grange, Patrons of Husbandry, of Colorado: 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture — ordorad to lie on the table. 

Petition praying- for the enactment of legislation to prevent 
gambling in farm products— referred to the Committee on the 
Judiciary. 

Petition praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Offices and Post-Roads. 

Mr. VESr presented a petition of the Central Labor Union of 
Springfield, Mo., praying- for the passage of House bill 257, mak- 
ing- eight hours a day's work; which was referred to the Com- 
mittee on Education and Labor. 

Mr. SHERMAN presented a petition of the Woman's Christian 
Temperance Union of Ohio, containing- 265 individual signatures; 
a petition of the Methodist Episcopal Church of Ripley, Ohio: 
a ]3etition of the Congregational Church of Ruggles, Ohio; a pe- 
tition of the Christian Church of Enon, Ohio; a petition of 72 
citizens of Ohio, and a petition of the Hugh Avenue Congrega- 
tional Church of Cleveland, Ohio, praying that the World's Co- 
lumbian Exposition be closed on Sunday, and that the sale of 
intoxicating liquors be prohibited thereat; which were referred 
to the Committee on the Quadro-Centennial (Select). 

He also presented the petition of L. B. Ritter and 27 other cit- 
izens of South Bethlehem, Pa,, the petition of C. B. JIaxwell and 
38 other citizens of Hartzdale, Pa., a petition of 13 citizens of 
Leipsic, Ohio, and a petition of 48 citizens of Cleveland, Ohio, 
praying for the adoption of a constitutional amendment prohib- 
tingthe States from passing laws respecting the establishment 
of religion, etc.; which were referred to the Committee on the 
Judiciary. 

He also presented a petition of the Woman's Christian Tem- 
perance Union, of Howard Lake, Minn., praying for the passage 
of what is known as the Dolph Alaska liquor license bill; which 
■was referred to the Committee on Territories. 

He also presented a petition numerously signed by citizens of 
Ohio, praying for the enactment of certain amendments to the 
naturalization and immigration laws; which was referred to the 
Committee on the Judiciary. 

Mr. WARREN presented a petition of 32 citizensof Manville, 
Wyo., praying that the World's Columbian Exposition be closed 
on Sunday, and that no intoxicating liquors be sold thereat; 
which was referred to the Committee on the Quadro-Centennial 
(Select). 

Mr. PASCO presented the memorial of L. M. Merritt, vice- 
president of the American Shipping League, and 25 other busi- 



ness men of Pensacola, Fla., representing the shipping interests 
of that port, remonstrating against the jiassage of the bill abol- 
ishing compulsory pilotage; which was ordered to lie on the 
table. 

Mr. MITCHELL presented a memorial of citizens of Oregon, 
remonstrating against the oiioning of the World's Columbian 
Exposition on Sunday; which was referred to the Committee on 
the Quadro-Centenial (Select). 

He also presented a petition of Charity Grange. No. 103, of 
Harrisburg, Oregon, praying for the passage of legislation plac- 
ing binding-twine on the free list; which was referred to the 
Committee on Finance. 

He also presented a petition of the Republican county conven- 
tion of Wasco County, Oregon, held March 2fi, 1892, praying the 
extension of time to two years for payment for forfeited railroad 
1-ands; which was referred to the Committee on Public Lands. 

He alsoprosLMitod the following petitions of Hillsboro, Charity, 
Mayville, Salt Creek, Mount Hood, Highland, and Multnomah 
Granges, Patrons of Husbandry, of Oregon: 

Petitions praying for the enactment of legislation for the en- 
couragement of silk culture — ordered to lie on the table. 

Petition praying for the enactment of legislation to prevent 
gambling in farm products— referred to the Committee on the 
Judiciary. 

Petitions praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petitions praying for the pass-age of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petitions praying for the free deliverj- of mails in rural dis- 
tricts — referred to the Committee on Post-Offices and Post- 
Koads. 

J.Ir. CAMERON presented a petition of a mass meeting of 
churches of Cannonsbui-g, Pa,, and a petition collected by the 
National Woman's Christian Temperance Union of Pennsylvania, 
nr.iying that the sale of intoxicating liquor be prohibite'd at the 
World's Columbian Exposition and t'nat the Exposition be closed 
on Sunday; which were referred to the Committee on the Quadro- 
Contennial (Select), 

He also presented the petition of C. B. Maxwell and 38 other 
citizens of Houtzdale, Pa., and the petition of L. D. Ritter and 
27 other citizens of South Bethlehem, Pa., praying for the pas- 
sage of an amendment to the Constitution of the United States 
prohibiting any legislation by the States respecting an establish- 
ment of religion or making an appropriation of money for any 
sectarian purpose; which were referred tathe Committee on the 
Judiciary. 

Mr. QUAY presented resolutions adojited at a meeting of 
Farmers' Institute held at Mooresburg, Pa., praying for the 
free delivery of mails in rural districts; which was referred to 
the Committee on Post-Offices and Post^ Roads. 

Ho also presented a petition of the Pittsburg (Pa.) Chamber 
of Commerce, praying for the passage of legislation to estab- 
lish a public telegraph system in the post-offices of the United 
States; which was referred to the Committee on Post-Offices and 
Postr Roads. 

He also presented a petition of the First Lutheran Church of 
Chicora, Pa.; a petition of the Presbyterian Church of Manor 
Station, Pa.; apetitionof the Union United Presbyterian Church 
of Butler County, Pa.; a petition of the Presbyterian Church of 
Bruin, Pa.; a petition of the Presbyterian Church of Petrolia, 
Pa., and a petition of the Presbyterian Church of Summit, Pa.; a 
petition of the Pigeon Creek 'Presbyterian Church, of Pigeon 
Creek, Pa.; a petition of the Presbyterian Church of Cla.ysville, 
Pa., and a petition of the Presbyterian Church of Oakdalc, Pa., 
praying that the World's Columbian Exposition be closed on Sun- 
day, that the sale of intoxicating liquors te prohibited thereat, and 
that the art department be managed according to the American 
standard of purity in art; -ivhich were referred to the Committee 
on the Quadro-Centennial (Select), 

He also presented the jjetitions of Security Council, ISIahanoy 
City Council, Central Council, No, 61; Gen, Taylor Council, No. 
398; Pennfield Council, Hemmingers Mill Council, Shanksville 
Council, No 729; Himter Council, No. 596; Lescallette Council, 
No. 442; Bessie Council, No. 302; Springfield Council, No. Go"; 
Jenkintown Council, North Star Council, No. 07; Dawson Coun- 
cil, Iron Council, Kensington Council, Intc;grity Council, High 
Spire Council, No. 155; Washington Camp, No. 102; Washington 
Camp, No. 106; Washington Camp. No. 517: Littlestown Council, 
No. 386; United Council, No. 482; Washington Camp, No. 4-50; 
Washington Camp, No. 478; Coaltown Council, No. 438, and In- 
dustrial Council, No. 437; Patriotic Order United American I\Ie- 
chanics of the American Defense Association, of Pennsylvania, 
praying for the passage of the bill to amend the naturalization 
laws as agreed ui)on and reported by the Judiciary Committee 
of the House of Representatives; which were referred to tlic Com- 
mittee on the Judiciary. 



3076 



CONGRESSIONAL RECOllD— SENATE. 



Apeil 8, 



Mr. BERRY presented tlie petition of J. T. Hannaford and 
65 other citizens of Morrilton, Ark., and a petition of citizens of 
Arl<ansas, praying foi' tiie passage of wliat is Ivnown as the But- 
terworth option bill; wbicli were referred to tlie Committee on 
the Judiciary. 

Mr. HISCOCK presented tlie petition of Irving Schmitz and 
6 other citizens of New York City, tlie petition of Walter Gillis 
and -1 otlier citizens of New York City, praying for the passage 
of an amendment to the Constitution of the United States pro- 
hibiting any legislation by the States respecting an establish- 
ment of religion or appropriating any money for s:!Ctarian pur- 
poses; which were referred to the Committee on the .Judiciary. 

He also presented a petition of Sinclairville Grange, No. 401. 
Patrons of Husbandry, of New York, praying for the jiassa^-c of 
tlie bill to prevent the adulteration of food and drugs, and the 
bill (H. R. 395) defining lard and imposing a ta.x thereon; which 
were ordered to lie on the table. 

He also presented the petition of Miles N. Smith and IS other 
citizens of Chautauqua County, N. Y., praying for the passage 
of the Wasliburn-Iiatch antioption bills; which was referred to 
the Committee on tlie .Judiciary. 

Mr. SAWYER presented a petition of members of Sawyer 
Post, No. 7, Grand Army of the Republic, of Wisconsin, praying 
for the passage of Senate bill 897, providing for the preservation 
and to propei'ly mark the battle lines at Gettysburg; which was 
referred to the Committee on Military Affairs. 

Mr. DUBOIS presented a petition of the Democratic Club of 
Pocatello, Idaho, ju'aying- foi' the jjassageof legislation providing 
for tlie election of United States Senators by direct vote of the 
people; which was i-eferred to the Committee on Pi±dlg ges an d 
Elections. ^■■I^"^— ■ 

Mr. GORMAN presented the petition of William Anthony 
and otlier citizens of Solomons, Md., praying for the passage of 
a sixteenth amendment to the Constitution of the United States, 
pi'oviding that no State shall pass any law i-napn..ti||CT j|^^ ocf.iii. 
lisliment of religion or prohibiting the free exercis? 'ff"'eof or 
making an appropriation of money for sectarian purposes; which 
was i-eferred to the Committee on the .Judiciary. 

He also presented the petition of William A. Cowcn, late of 
Company D, Fiftli Maryland Infantry Volunteers, praying for 
the removal of the charge of desertion now standing against 
him; which was referred to the Committee on Military Affairs. 

He also presented the following petitions of Glencoe Grange, 
Patrons of Husbandry, of Maryland: 

Petition praying for the enactment of legislation for the en- 
couragementof silk culture — referred to the Committee on Agri- 
culture and Forestry. 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — to the Committee on the Judiciary. 

Petition praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the tahk?^^^ 

Petition praying for the passage of a bill making.iSWiPfrTS^ 
sues of money full legal tender inpayment of all debts — referred 
to the Committee on Finance. 

Mr. Mcpherson presented a petition of the faculty and stu- 
dents of the Chicago Theological Seminai'y, of Chicago, 111.; a 
petition of students of the Drew Theological Seminary of the 
Methodist Episcopal Chui'ch, of Madison, N. J.; a petition of the 
faculty and students of the Gammon Theological Seminary, of 
Atlanta, Ga.; a jietition of the faculty and students of the Alle- 
gheny UniteclPresbyterian Theological Seminary, of Allegheny. 
Pa.; and a petition of the students of the Newton Theological 
Institution, of Newton Center, Mass., praying that the World's 
Columbian Exposition may be closed on Sunday; which were re- 
ferred to the Committee on the Quadro-Centennial (Select.) 

He also presented the petition of Margaret Solly, of Camden, 
N. J., formerly the widow of John Barr, who was a member of 
Company C, First Regiment Pennsylvania Volunteers, during 
the Mexican war, praying to be allowed a pension; which was 
referred to the Committee on Pensions. 

Mr. PEFFER presented a petition of the Wage-workers' 
Political Alliance of the District of Columbia, praying that an ap- 
propriation of $75,000 be made for supplying the children in the 
District of Columbia with free schoolbooks; which was referred 
to the Committee on the District of Columbia. 

Mr. PALMER presented the following petitions of Rutland 
Grange, Patrons of Husbandry, of Illinois: 

Petition praying for the enactment of legislation tor the en- 
couragement of silk culture — ordered to lie on the table. 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petition praying- for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Mr. TURPIE presented the following petitions of Owen 
Grange, Pati-ons of Husbandry, of Indiana: 

Petition praying for the enactment of legislation to prevent 



gambling in farm products — referred to the Committee on the 
Judiciary. 

Petition praying for the jiassage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill topi-event the adul- 
teration of food and drugs — ordered to lie on the table. 

Petition praying for the free delivei'y of mails in rural dis- 
tricts — referred to the Committ'je on Post-Offices and Post- 
Roads. 

Petition praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts — to the 
Committee on Finance. 

Mr. MILLS presented a petition of 23 citizens of Goliad 
County, Tex., praying for the passage of the Washburn-Hatch 
antioption bills; which was referred to the Committee on the 
Judiciary. 

REPORTS OF COIMMITTEES. 

Mr. FAULKNER, from the Committee on the District of Co- 
lumbia, to whom was referred the Joint resolution (S. Re3. 47) 
authorizing the resubdivision of squai-.T G73 in the city of Wash- 
ington, reported it without amendment, and submitted a report 
thereon. 

Mr. MITCHELL, from the Committee on Claims, to whom was 
referred the bill (S. 1077) relieving the personal representatives 
of John Sherman, Jr., late United States Marshal f'lr the Terri- 
tory of New Mexico, from the requirements of section 833 o' the 
Revised Statutes, reported itwitu an amendment, and submitted 
a report thereon. 

Mr. McMillan, from the Committee on the District of Co- 
jjiuiibia, to wlnnn was referred the bill (H. R. 484.'^) to amend an 
i^ct entitled, "An act relating to ta.x sales and taxes in the Dis- 
trict of Columbia," reported it without amendment, and sub- 
mitted a report thereon. 

He also, from the same committie, to whom was referred the 
^bill (S. l'-8")) to amend an act entitled, "An act r.ilating to tax 
s.iles and taxes in the District o' Columbia," reported adversely 
thereon, and the bill was indefinitely postponed. 

Mr. WOLCOTT. I am dir,;cted by the Committee on the Dis- 
trict of Columbia, to whom was referred the bill (S. 1.30S) to pre- 
vent the building of houses along certain alleys in the city of 
Washington, and for other purposes, to report it adversely and 
move its indefinite postponement, a similar bill from the other 
House being on the Calendar, 

The report was agreed to. 

Mr. GALLINGER, from the Committee on the District of Co- 
lumbia, to whom the subject was refe-'red, reported a bill (S. 
2S(i8) to regulate the practice of medicine in the District of Co- 
lumbia; which was real twic3 by its title. 

He also, from the same committee, to whom was referred the 
bill (S. 123(i) to regulate the practice of medicine in the District 

■ Columbia, reported adversely thereon, and the bill was pust- 



pone 



poned indefinitely. 

Mr. M ANDERSON, from the Committee on Military Affairs, 
to whom was referred the bill (S. 1962) granting an lionorable 
discharge to William Pierce, reported it without amendment, 
and submitted a I'eport thereon. 

Mr. VOORHEES. from the Committee on the Library, to whom 
was referred the bill (S. 2150) in regard to a monumental column 
to commemorate the battle of Princeton, and appropriating $30,- 
OOO, reported it without amendment. 

MARTELLO TOWER, ON TYBEE ISLAND. 

Mr, H AWLE Y, I report back favorably, without amendment, 
from the Committee on Military Affairs, the Joint resolution (H. 
Res. 09) authorizing the use of the martello tower, onTybee Is- 
land, Georgia, for a signal station. It is a simple matter of con- 
sent to a disjjosition of that property which will be valuable to 
the commercial interests of Savannah, and I hope the Senate 
will immediately concur with the other House in the passage of 
the Joint resolution. I ask for its immediate consideration. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the Joint resolution. It propc.-. < 
to permit the use of the martello tower, onTybee Island. Geor- 
gia, by telegraph or telephone companies for a signal station, to 
report passing vessels, under such conditions as the Secretary of 
War may deem proper to protect the interest of the United Sta' •" ; . 

The Joint resolution was reported to the Senate without ami v - 
ment, ordered to a third reading: read the third time, andpas^^i:. 

BILLS INTRODUCED. 

Mr. DOLPH. I should like to have the attention of the chair- 
man of the Committee on Indian Affairs. I introduce a bill to 
provide for the reservation of certain timber lands upon the 
Siletz Indian Reservation for the benefit of the Indians. I wish 
to say that this is a bill attempting to put into practical opera- 
tion upon the Siletz Indian Reservaticm in Oregon the sugges- 
tion made by me in discussing the Indian appropriation bill, to 
have the Government provide upon the reservations employment 



1892. 



CONGEESSIO^^AL KECOED— SENATE. 



3087 



Allen, 

Allison, 

Blackbiu'n, 

Carey, 

CuUom, 

Dawes, 

Dubois, 

Frye, 



Gallinger, 

Gray, 

Hale, 

Hansbrougli, 

Hawley, 

Higgins, 

Hiscock, 

Hoar, 



NAYS— 32. 

Jones, Ai'k. 

McPherson, 

Manderson, 

Mitchell, 

Palmer, 

Perkins, 

Power, 

Quay, 



Sanders, 

Sa\vj-er, 

Sherman, 

Shoup, 

Stewart, 

Teller, 

Vest, 

Washburn. 



NOT VOTING— 39. 
Hill, 

Jones. Nev. 
Kenna. 
McMillan, 
Morrill, 
Pasco, 



Squire. 

Stanford, 

Stockbridge, 

Turpie. 

Vance, 

Walthall, 

Warren, 

White. 

Wolcott. 



Aid rich, Daniel, 

Barbour, Davis, 

BloJgett, Dixon, 

Brice. Dolph, 

Butler, Felton, 

Call. George, 

Cameron, Gibson, La. Pettigrew, 

Carlisle, Gibson. Md. Piatt. 

Casey. Gordon. Proctor. 

Chaiiaier, Harris. Ransom, 

So the amondment to the amendment was rejected. 

The VICE-PRESIDENT. The question recurs on the amend- 
ment of the Senator from Michigan [Mr. McISIillan]. 

Mr. HAWLiEY. I offer now the amendment of which I gave 
notice yesterday. 

The VICE-PRESIDENT. The amendment to the amendment 
will be stated. 

The Secretary. It is proposed to add at the end of the amend- 
ment: 

And the sum hereby appropriated shall be paid to and disbursed by the 
citizens' executive committee of Washington having in charge such recep- 
tion and entertainment, under such regulations as may be prescribed by the 
Secretary of War. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the Senator from Connecticut to the amendment 
of the Senator from Michigan. 

Tlie amendment to the amendment was agreed to. 

Mr. QUAY. I desire to offer a further amendment to the 
amendment, to which I think their will be no objection. I move 
to strike out in the amendment of the Senator from Michigan 
in the third line the words, " the proper and legitimate expenses 
attending the reception and entertainment " and insert in lieu 
thereof " for the subsistence and quartei-s," in the lifth line, be- 
fore the word "union," to insert the word " nonresident,'' and to 
strike out in the ninth line the words "and attending the prep- 
aration for such reception and entertainment," the effect of the 
amendment being to restrict the appropriation to the actual nec- 
essary expenses of board and lodging of the visiting delegation, 
leaving the ceremonial and social expenditures to be paid from 
the subscriptions of the citizens of the District. 

The VICE-PRESIDENT. The amendment to the amendment 
will be stated. 

The Secretary. It is proposed to strike out, in line 3, after 
the word "pay, "the words " the proper and legitimate expenses 
attending the reception and entertainment" and insert "for 
subsistence and quarters;" at the beginning of line 5, to insert 
the word "nonresident," and in line 9, after the word " Colum- 
bia," to strike out the words "and attending the preparation for 
such reception and entertainment;" so that the amendment would 
read: 

NATIONAt, ENCVMPSrENT OF THE GRAND AKMY OF THK REPUBLIC. 

To pay lor subsistence and quarters of such honorably discharged nonresi- 
dent Union soldiers, sailors, and marines who served in the war of the rebel- 
lion as may attend, as delegates or otherwise, the Twenty-sixth Natic.mal 
Encampment of the Griind Army of the Rex>itblic, in the city of Washington, 
In the District of Columbia, f iOO.ixX). or so much thereof as may be necessary. 
And the sum hereby appropriated shall be paid to and disbursed by the citi- 
zens' executive committee of Washington having in charge such reception 
and entertainment, under such regitlations as may be prescribed by the Sec- 
retary of War. 

The VICE-PRESIDENT. The question is on the amendment 
of the Senator from Pennsylvania to the amendment of the Sen- 
ator from Michigan. 

Mr. QUAY. On that I call for the yeas and nays. 

The yeas and nays were ordered; and the Secretai-y proceeded 
to call the roll. 

Several Senators having responded to their names — 

Mr. MORGAN said: What is the question before the Senate? 

The VICE-PRESIDENT. The question is on the amendment 
of the Senator from Pennsylvania [Mr. Quay] to the amendment 
of the Senator from Michigan [Mr. McMillan]. As there seems 
to be a misunderstanding as to the pending question, the Chair 
suggests that it should bj again stated. Is there objection? It 
there be no objection, the amendment as proposed to be amended 
will be again read. 

The Secre tarv read the amendment as it would i-ead If amended . 

The VICE-PRESIDENT. The question is on adopting the 
amendment of the Senator from Pennsylvania to the amend- 
ment of the Senator from Michigan. The roll call will be con- 
tinued, unless there is a misunderstanding as to the question. 
If so, it will be begun anew. 

Mr. PALTRIER. I should like to inquire whether the amend- 



ment to the amendment affects tliat provision which gives to the 
Secretary of War the control of the fund. 

Mr. Pi^YE. That has already l)een atlopted as a part of the 
amendment. 

l\Ir. PAIjMER. If itdoesnotaffectthat provision, itstrikes me 
that the amendment proposed by the Senator from Pennsylvania 
is an exceedingly proper one. 

Mr. PERKINS. It does not interfere with that at all. 

Mr. QUAY. It does not interfere with it. 

The VICE-PRESIDENT. The roll call will ba continued. 

The Secretary resumed the call of the roll. 

Mr. DOLPH (when his name was called). I am paired vsrith 
the Senator from Mississippi [Mr. GeORGE]. 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. Mokkill]. 

Mr. FAULKNER (when Mr. Kenna'S name was called). My 
colleague [Mr. Kenna] is detained from the .Senate by indisposi- 
tion. He is paired with the Senator from Coloi-ado [Mr. Wol- 
cott]. 

Mr. McMillan (when his name was called). I am paired 
with the Senator from North Carolina [Mr. Vance]. 

Mr. MORGAN (when his name was called). I am paired with 
the Senator from Massachusetts [Mr. Dawes]. 

Mr. PASCO (when his name was called). I again announce 
m.v pair with the Senator from North Dakota [Mr. Casey]. 

Mr. PLATT (when his name was called). I am paired with 
the Senator from Virginia [ISlr. Barbour]. 

Mr. WALTHALL (when his name was called). I am paired 
with the Senator from Rhode Island [Mr. Dixon]. 

The roll call was concluded. 

Mr. CALL. I am paired with the Senator from Vermont [Mr. 
Proctor]. 

The result was announced — yeas 43, nays 5; as follows: 
YEAS-43. 



Allison. 


Dubois, 


Kyle. 


Sawyer, • 


Bate. 


Faulkner, 


McPherson, 


Stewart, 


Berry. 


Frye, 


Manderson, 


Teller, 


BlacKbum, 


Gallinger. 


Mitchell, 


Turpie, 


Briie. 


Gray. 


Paddock, 


Vest, 


Carey. 


Hale. 


Palmer, 


Vilas, 


Chandler, 


Hansbrough, 


Pefter, 


Voorhees, 


Coke. 


Hawley, 


Perkins, 


Warren, 


Colquitt, 


Hiscock. 


Power, 


Washburn, 


CuUom, 


Irby, 


Pufrh. 


Wilson. 


Davis, 


Jones. Ark. 


Qutiy, 

NAYS-5. 




Allen, 


Sanders. 


Sherman, 


Shoup. 


Mills, 










NOT VOTING— 40. 




Aldrich, 


Dawes, 


Higgins. 


Piatt, 


Barbour, 


Dixon, 


Hill. 


Proctor. 


Blodgett, 


Dolph, 


Hoar. 


Ransom, 


Butler, 


Felton, 


Jones. Nev. 


Squire, 


Call. 


George, 


Kenna. 


Stanford. 


Cameron, 


Gibson, La. 


McMillan, 


Stockbridge, 


Carlisle, 


Gibson. Md. 


Morgan, 


Vance. 


Casey, 


Gt>rdon. 


Morrill, 


Walthall. 


Cockrell, 


Gorman, 


Pasco, 


White. 


Daniel, 


Harris, 


FetUgrew, 


Wolcott. 



So the amendment to the amendment was agreed to. 

Mr. KYLE. At the request of the Department of the Potomac 
of the Woman's Relief Corps of this city, I move to add at the 
close of the amendment as amended: 

Provided, That $5,000 of this sum shall be placed at the disposal of the De 
partment of the Potomac of the Woman's Relief Corps. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the Senator from South Dakota to the amendment 
as amended. 

The amendment to the amendment was rejected. 

The VICE-PRESIDENT. The question recurs on tho amend- 
ment of the Senator from Michigan as amended. 

The amendment as amended was agreed to. 

i\Ir. VOORHEES. The amendment has not been made part 
of the bill yet. There is another amendment, is there not'? 

Mr. HARRIS. The amendment of the Senator from Michigan 
was an amendment to an amendment that he reported from tho 
Committee on the District of Columbia. So the question now is, 
I take it, on the amondment reported from the committee as 
amended. 

Mr. BERRY. Upon that I ask for the yeas and navs. 

The VICE-PRESIDENT. The question is on the amendment 
of the Senator from Michigan [Mr. McMillan] as amended to 
the amendment reported by the Committee on the District of 
Columbia. Upon that question the yeas and nays have been de- 
manded. 

The yeas and nays were ordered 

Mr. ALLISON. As I understand the situation, the amendment 
of the Senator from Pennsylvania [Mr. Qua.y] has been inserted 
as a substitute for all these amendments. 

Mr. CULLOM. I\Ir. HARRIS, and Mr. HAWLEY. Oh, no. 

Mr. ALLISON. Senators say "no." Let us consider for a 



3088 



CONGRESSIONAL EEOOED— SENATE. 



Apeil 8, 



moment. That amcndm"nt having baon adopted, the question 
is upon placing- tliat amendment in the bill. 

Mr. HARRIS. Yes, upon agreeing to the amendment as 
amended. 

Mr. PERKINS. As perfected. 

Mr. ALLISON. Certainly, upon agreeing to the amendment 
as amended. So when Senators said "no'' they were mistaken, 
I submit. 

The VICE-PRESIDENT. The question is on the amendment 
of the Senator from Michigan as amended. 

Mr. HAWLEY. Which is an amendment to an amendment. 

Mr. ALLISON. As I understand the matter, the Senator 
from Michigan reported an amendment from the Committee on 
the District of Columbia, and then himself offered an amendment 
to that amendment. 

Mr. HARRIS. A substitute for it. 

Mr. ALLISON. Very well, an amendment to that amend- 
ment in the nature of a substitute, and thereupon the Senator 
fi-om Pennsylvania [Mr. Quay] moved to strike out all that had 
been inserted by way of amendment. 

Mr. BERRY and Mr. PRYE. No, no. 

Mr. HARRIS. Only a part of it. 

Mr. SHERMAN. Only a few words. 

Mr. ALLISON. Very well; when I am mistaken of course I 
yield gracefully. Now I ask that the amendment be read as it 
stands, and that the Chair state upon what we are to vote. 

Mr. HAWLEY. If the Senator will allow me, I will try to 
make the history of it a little clear. 

Mr. ALLISON. I understand it. I only ask to have it read. 

The VICE-PRESIDENT. The amendment will ba read. 

The Chief Clerk. On page 46, after line 8, it is proposed to 
insert: 

NATIONAL ENCAMPMENT Off THE GRAND ARMY OF THE REPUBLIC. 

To pay for subsistence and quarters of such honorably clischarged non- 
resident Union soldiers, sailors, and marines who served in the war of the 
rebellion as may attend, as delegates or otherwise, the Tweniy-si.xth Na- 
tional Encampment of the Grand Army of the Republic, in the city of Wash- 
ington, in the District of Columbia, $100,0OiJ, or so much thereof as may be 
necessary. And the sum hereby approjiriated shall be paid to and disbursed 
by the citizens' executive committee of Washington having in charge such 
reception and entertainment, under such regulations as may be prescribed 
by the Secretary of War. 

The VICE-PRESIDENT. The question is on the amendment, 
which has just been read, to the amendment reported by the 
committee. 

Mr. HARRIS. The amendment of the Senator from Michi- 
gan, as reported from the Committee on the District of Colum- 
bia, was the pending question, but the Senator, in his chai'acter 
of Senator, offered a substitute for it, and the Senate, byj^c^te, 
has adopted the substitute. Now the question is upon the an 
ment as amended. 

The VICE-PRESIDENT. That is Just the position of tl 
question that the Chair intended to state. 

Mr. ALLISON. And that was just the position I endeavored 
to state, but it seems when I stated it it w-as entirely wrong. 

JNlr. SANDERS. Is an amendment in order':* 

The VICE-PRESIDENT. The Senator is in order to offer an 
amendment to the original text. 

Mr. SANDERS. I move to strike out the last eight words, 
"or so much thereof as may be necessary." 

Mr. ALLISON. That is the usual phrase. 

Mr. HAWLEY. It is the common phrase. 

Mr. SANDERS. I propose that we shall appropriate $100,00C 
and quit. 

Mr. HAWLEY. But, if it is worth while to argue that question 
at all, that being the usual and proper phrase, I make this sug- 
gestion to the Senator, that when the Secretary of War comes 
to make his regulations for the disbursement of this fund he will 
make them in such a manner that nothing shall be wasted, and 
the money will be given only to those who actually come and sleep 
and eat here. I tliink there will be something saved. If there 
should be $10,000 saved it will go back into the Treasury. There 
is nobody to give it to if it is not used for subsistence and quar- 
ters. 

Mr. SANDERS. I thank the Senator from Connecticut for 
his suggestion. 

The VICE-PRESIDENT. The amendment proposed by the 
Senator from Montana is not in order, as the Senate has already 
passed upon the lirst amendment as amended. The roll will be 
called upon agreeing to the amendment as amended. 

The Secretary proceeded to call the roll. 

Mr. CHANDLER (when his name was called). I am paired 
with the junior Senator from New Jersey [Mr. Blodgett]. 

Mr. CALL (when his name was called). I am paired with the 
Senator from Vermont [Jlr. PROCTOR]. I do not know how he 
would vote and I v.ithhold my vote. 

Mr. HARRIS (when his name was called). I am paired upon 



I am paired with 
If he were present 

I am paired with 
If he were present I 



all questions with the Senator from Vermont [Mr. Morrill]. 
If he were present I should vots " nay." 

Mr. McMillan (when his name was called). I am paired 
with the Senator from North Carolina [Mr. Vance]. If he were 
here I should vote "yea." 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. C.\SEY]. If he were pres- 
ent I should vote " nay." 

Mr. PLATT (when 'his name was called). 
the Senator from Virginia [Mr. Barbour]. 
I sliould vote "yea." 

Mr. POWER (when his name was called). 
the Senator from Louisiana [Mr. White]. 
should vote "yea." 

Mr. WALTHALL (when his name was called). I am paired 
with the Senator f I'om Rhode Island [Mr. DixON]. If he were 
present I shovild vote "nay." 

Mr. WARREN (when his name was called). I am paired with 
the jimior Senator from Georgia [Mr. GORDON] upon political 
questions, bat by the votes on the other side I observe that this 
is not taken to be such, and I therefore vote "yea.'' 

The roll call was concluded. 

Mr. MORGAN. I am paired with the Senator from Massa- 
chu.setts [Mr. Dawes]. If he were here I should vote "nay." 

Mr. QUAY. I desire again to announce the pair of my col- 
league [Mr. Cameron] with the Senator from South Carolina 
[Mr. Butler]. If my colleague were presenthe would vote "yea." 

Mr. WALTHALL. I wish to announce that my colleague 
[Mr. George] is paired with the Senator from Oregon [Mr. 
DOLPil]. My colleague would vote ' 'nay" it present and at liberty 
to vote. 

The result was announced — yeas 41, nays 10; as follows: 
yeas— 41. 

Paddock, 
Palmer, 
Pefler. 
Perkins, 



Allen, 


Gorman, 


Allison, 


Gray, 


Brice, 


Hale. 


Carey, 


Hansbrough 


Culliim, 


Hawley, 


Davis, 


Higgins, 


Dubois, 


Hiscock, 


Faulkner, 


Kyle, 


Frye. 


McPherson, 


Gallinger. 


Manderson, 


Gibson, Md. 


Mitchell, 


Bate, 


Coke, 


Berry, 


Colquitt, 


Blackbm-n, 


Irby, 


Aldvich, 


NO 
Daniel, 


Barbour, 


Dawes, 


Blodgett, 


Dixon, 


Butler, 


Dolph, 


Call, 


Felton, 


Cameron, 


George, 


Carlisle, 


Gibson, La. 




Gordon. 


oUiaiiciler, 


Harris. 


(itlcrell. 


Hill, 



Teller, 

Turpie, 

Vilas. 

Voorhees, 

Warren, 

Washburn, 

Wilson. 

Wolcott. 



Vest, 



Ransom, 

.Squire, 

Stanford, 

Stockbridge, 

Vance. 

Walthall, 

White, 



Proctor, 
Quay. 
Sanders. 
Sawyer, 
Sherman, 
Shonp, 
Stewart, 
NAYS— 10. 

Jones, Ark. 

Mills 

Pugh, 

NOT VOTING— 3T. 
Hoar, 

.Jones. Nev. 
Kenna, 
McMillan, 
Morgan, 
Morrill, 
Pasco, 
Pettigrew, 
Piatt. 
Power, 

5o the amendment as amended was agreed to. 

Mr. MCMILLAN. On page 22 of the bill, line 23, after the word 
" hour,' I move to insert: 

And the Commissioners of the District of Columbia are hereby authorized, 
in their discretion, to provide for lighting, by means of incandescent lamps 
instead of gas and oil lamps, any of the streets, roadway.s, and avenues out- 
side of the cities of Washington and Georgetown; Provided, That the said 
incandescent lamps shall be of at least 25-caudle power; that the price paid 
per lamp per year shall not exceed the existing contract price for lightin;; 
the oil lamps, and that the lamps shall each be burned not less than three 
thousand hours per annum; and the sura of $1,560 is hereby appropriated, or 
so much thereof as may be necessary, for that purpose. 

Mr. ALLISON. I understand that to be a unanimous report 
of the Committee on the District of Columbia. If so, I do not 
interpose the point of order, which otherwise I think I should 
make. 

The VICE-PRESIDENT. The question is on agreeing to 
the amendment of the Senator from Michigan [Mr. McMillan]. 

The amendment was agreed to. 

Mr. HANSBROUGH. On page 37, after line 11, 1 am author- 
ized by the Committee on the District of Columbia to move the 
insertion of the following words: 

For bathing beach: For remodeling the bathing beach in the tidal reser- 
voir into the form of pools, also the adjacent grounds, dressing-houses, etc.. 
in accordance with designs and specilications, to be approved by the Com- 
missioners of the District of Columbia, $10,000. 

The proposed amendment meets with the unanimous approval 
of the Committee on the District of Columbia, and I present it 
as coming from the Committee. 

The amendment was agreed to. 

Mr. VEST. On page 43, line 14. before the word "dollars," I 
move to strike out "five hundred" and insert "two thousand;" 
so as to read: 

For St. Joseph's Asylum, maintenance. $2,000. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3095 



Mr. ALLISON. I hope the Senator from Florida will not in- 
sist upon that amendment. I will say to him that the first para- 
graph, namely, that appropriating $10,000 for the relief of the 
jioor. has heen amended so that there is an opportunity of get- 
ting- what he desires in conference, and if there is any power to 
do that, I think that can be done. 

Mr. CALL. I withdraw the amendment. 

The VICE-PRESIDENT. The amendment is withdrawn. 

Mr. COCKRELL. Mr. President, I have been requested to 
offer the amendment which I send to the desk, to come in at the 
end of line 8, on page 42. 

The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. On page 42, line 8, after the word '•dollars," 
it is jn-oposed to add the following: 

ProiUhd. That Irom and after the p.issage of this act tho term of o.llce 
of all of the members of the board of directors, except the Commissioner of 
the District of Columbia, the United States Senator, and the two members 
of the House of Representatives, shall expire on the 1st day of January in 
each year, and their succo-ssors shall be chosen on the second Monday in 
Deceiiiber of each year, one-third of which number shall be nominated and 
appointed by the Commissioners of the District of Columbia and the other 
two-thirds elected by a majority of the directors then in ofllce: Provided fur- 
ther, That one-third of the number of said directors oldest in service as such 
directors shall not be reelected nor be appointed by tho Commissioners as 
aforesaid, nor shall they be elii^ible for such reelection or appointment for 
the period of two years next after the expiration of their term of office: Pro- 
vided further. That the term of oftlce of the Senator and Representatives in 
said board of directors shall continue as providetl in tho act of Congress of 
June 10, 18T3, and the term of ofllce of the Commissioner of the District of Co- 
lumbia shall continue so long as he shall remain such Commissioner. 

Mr. COCKRELL. Mr. President, I have no personal kxaowl- 
edgo in regard to this matter, and I ask that tho memorandtim 
may be read which was sent to me to aocomijany the amend- 
ment. 

Mr. ALLISON. Why not let it be printed in the Record? 

Mr. COCKRELL. It will only take a moment to read it. 

Mr. ALLISON. I may want to make the point of order on 
the amendment. 

The VICE-PRESIDENT. The memorandum presented by 
the Senator from Missouri will be read. 

The Secretary read as follows: 
Memorandum relating to the x^roposed amendment of the appropriation 
bill relating to the Columbia Ho.spital. 

1. Under the charter and by-laws all the members of tho board of directors 
except the Senator and two Representatives and the Commissioner of the 
District of Columbia hold their offlce for life: while the representatives of the 
Government, the Senator and Representatives and the Commissioner, hold 
only for a limited time, 

2. The board of directors Is not elected by the corporation. By the charter, 
the first twelve of the corporators were made directors, and they elect those 
to fiUvacanciescansedby death, resignation, or by the increase in the number. 

3. By reason of this situation, and'the fact that the Government's repre- 
sentatives are in a hopeless minority (4 to 14), and that these life memliers 
elect their own successors, the Government is a mere feeder, furnishing 
money to a strictly private corporation in the management of whose affairs 
and in the election of whose oftlcers it has practically no voice. 

4. During the recess of Congress the Government has no representation 
at all, because of absence of members of Congress, and Irom March i to 
December of every two years, by reason of the expiration of Congi-ess, ac- 
cording to the rule adopted by the board, Congress has no membership, be- 
cause its representatives are appointed only for the life of Congress, and a 
member, though reelected, is not regarded as a director, because the Con- 
gress from which he is appointed has expired. 

• 5. The corporation is really a Government institution because It is sup- 
ported not by contribution of these directors, but by appropriations by Con- 
gi'ess and the protlts derived from pay patients. 

6. The only M'ay to remedy this condition and give the Government a re.al 
control is by limiting the term of ofllce of directors to one year and having a 
Bubstantial number, one-third, appointed by the Government, by its repre- 
sentatives, the Commissioners, leaving the entire board to elect the balance 
of the members and thus secure a real representation by all concerned. 

Mr. ALLISON. I make the point of order on the amend- 
ment. 

Mr. COCKRELL. What is the point? 

Jlr. ALLISON. That it is legislation. 

The VICE-PRESIDENT. The Chair is of the opinion that 
tho point of order is well taken. 

Mr. MORGAN. Mr. President, I intended to offer an amend- 
ment to this bill relating to the High Street Railway, or the 
railway from Georgetown to Tennally town, but after conference 
with se\-eral members of the committee and other Senators I 
have concluded that it is better to leave that matter to the con- 
ference committee, who, I think, are now prepared to consider 
it, and to do justice to all concerned. 

The VICE-PRESIDENT. The question is on the third read- 
ing of the bill. 

The bill was ordered to a third reading, read the third time, 
and passed. . 

ADJOURNMENT TO MONDAY. 
On motion of Mr. HALE it was 

Ordered. That when the Senate adjourn to-day it be to meet on Monday 
next. 

CIRCUIT COURT OP APPEALS. 

Several Senators addressed the Chair. 

Mr. HOAR. I rise to a question of order. What is the busi- 
ness now before the Senate? 
The VICE-PRESIDENT. The Chair lays before the Senate 



the unfinished business, being the bill (S. 2729) to amend an act 
entitled "An act to establish circuit courts of apijcals, and to de- 
fine and regulate in certain eases tlie jurisdiction of the courts 
of the United States, and for other jjurposes." 

Mr. HOAR. Now, Mr. President, I desire to take the floor on 
that bill, but I yield to any Senator who wishes to make any mo- 
tion. 

removal of garbage in the DISTRICT OF COLUMBIA. 

Mr. BLACKBURN submitted the following resolution; which 
was referred to tho Committee on the District of Columbia: 

Whereas there was appropriated by tho last Congress the sura of J'Jl.OOO 
for the removal of garbage m the District of Colmnbia for the year ending 
June 30, 189-;; and 

Whereas it is stated by the Commissioners for the District of Columbia in 
their last annual report now before Congress that said appropriation is al- 
ready ■'practically exhausted," and an additional appropriation is asked for: 
Therefore, 

lie it resolved by the Senate of the United States in Congress assembled. That 
the Committee of tho Senate on the District of Columbia is hereby Instructed 
to investigate the manner and methods by which said appropriation has 
been expended, and to report to the Senate at an early day the restUt of their 
investigations. 

Also, that said committee is directed to report what changes have been 
made in the official management of the health deiJartmeut of the Di>trict 
of Columbia, and for what reasons; and if ;iny tmusual or unfair means h;ive 
been used to accomplish such changes. 

Also, if the present contractor for the transportation of garbage and tho 
collection and transportation of dead animals in the District of Columbia is 
carrying oitt his contract according to the specillcatious thereof. 

Also, if said contractor is an emjjloyg of the War Department, drawing a 
salary from the United States; and it so, why he is allowed to occupy such a 
dottble position. 

Also, if said contractor has been awarded a five years' contract for tho col- 
lection of garbage and dead animals in the District of Columbia; and if so, the 
amount of said contract; and if said contractor has been allowed to subl, 
said contract; andlt so, to whom, and what conslderationhe received 
same. 

BUILDING OF WAR SHIPS O.N THE GREAT LAKES. 

Mr. McMillan submitted the following resolution: 

Whereas it is alleged that the iron ;ind steel shipbuilding plants along the 
Great L.akes of the Northwest exceed in comliined facilities, in m.a.'nitu le. 
and in capital the interests of all other shipbuilding plants of the cottntry 
combined; and. 

Whereas it is further alleged that those great inland shipbuilding inter- 
ests have been denied an opportunity to bid for the construction of torpedo 
boats and the smaller class of war ships which can be taken by tho water 
route through the St. Lawrence to the sea: Therefore, 

Jlesohed, That the Secretary of the Na^T be, and he is hereby, directed to 
inform the Senate whether any bids for the conslrtictiun of certain tyjies of 
war ships have been received from any of said shipbuilding companies, and 
whether such bid or bids have been refttsed or rejected by his Department for 
any reason or reasons other than such as follow from the usual rule in ac- 
ceiJting or rejecting bids for such class of worlc. and if so, the reasons there- 
for. 

Mr. HALE. I do not know that there is any objection to that 
resolution; but I want to examine it. Let it lie over. 

The VICE-PRESIDENT. The resolution will lie over and be 
printed. 

NAVAL FORCE ON THE GREAT LAKES. 

Mr. MCMILLAN submitted the following resolution: 

Sesolved, That the Secretary of State be, and he is hereby, directed to in- 
form the Senate whether the agreement entered into between the United 
States and Great Britainintheyear 1817, covering the questionof the naval 
force to be maintained by the two Governments on the great lakes of the 
United States is now held to be in force by the Deparlmeut of State, and what, 
if any, action has been takenbyom-Govermnentto revive or put in forcethe 
terms of said agi'eeiuent, and if so, under what authority or action on the 
part of our Government such agreement has been held to be in force sincti 
the giving of tho required formal notice by tho President to Great Britain ill 
December, 1864, of a desire on the part of the United States to annul said 
.agreement at the expiration of the six mouths from the date of said formal 
notice, and of the ratification of said notice by the act of Congress of Febru- 
ary 9, 186.5. 

Mr. HALE. Let that lie over, Mr. President. 

The VICE-PRESIDENT. The resolution will lie over, and 
be iDrinted. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the Hotisehad passed 
the bill (S. 418) to change the times for holding the circuit and 
district courts of the United States for tho western district of 
Missouri. 

The message also announced that the House had passed the 
following bills; in which it requested the concurrence of the 
Senate: 

A bill (H. R. 6788) to establish subports of entry and delivery 
at Superior, Wis., and at Ashland, Wis., in the Superior collec- 
tion district of Michigan and Wisconsin; and 

A bill (H. R. 5640) to increase the ijension of Cassie A. Davis. 

ENROLLED BILL SIGNED. 

The message further announced that the Speaker of the Hou.se 
had signed the enrolled bill (H. R. 4.534) to extend to Marquette, 
Mich., the privilege of immediate transportation of unappraised 
merchandise. 

ORDER OF BUSINESS. 

Mr. CAREY. I ask to call up for present consideration Order 
of Business 448, being the bill (S. 577) for tho relief of W. U. 
Ward. It is a short bill. 





3096 



CONGRESSIONAL RECORD— HOUSE. 



Apkil 8, 



Mr DOLPH. Mr. President, I rise to a question of order. I 
want to know if the general agreement to go to the Calendar for 
two days after we disposed of the In(Jian ailpropriation bill is not 
now the order of the Senate and if the Calendar is not in order 
under that agreement? _ , . ^ ^, ^ 

The VICE-PRESIDENT. The Chair understands that was 
the understanding reached some days ago. . 

Mr. CULLOM. I think, besides the unfinished business, there 
are several special orders pending. 

Mr HOAR. I was not aware that the consent was now in 
force' I hope the Senate will be willing to take up the bill to 
amend the court act, the discussion of which I think will be very 

short indeed. ^ *i „f „n^y. 

Mr DOLPH. Mr. President, the agreement was that after 
the disposition of the Indian appropriation bill we should go to 
the Calendar for two days under Rule VIII, and the agreement 
was made subject to the understanding that it the Committee 
on Appropriations desired to take up the District appropriation 
bill that bill should take the place of the consideration of the 
Calendar. I suppose a fair construction of the agreement would 
be that we should now go to tlie Calendar for two days. How- 
ever, that is a matter for the Senate to decide. 

Mr. HOAR. I shall not interpose. ... 

Mr. DOLPH. I think if we do that we shall reach m two 
days' time all these bills. ^r -, t 

Mr COCKRELL. I hope that either now or on Monday ne.xt 
we shall carry out that agreement. It ought to be done 

The VICE-PRESIDENT. The title of the bill called for by 
the Senator from Wvoming [Mr. Carey] will be read 

The Chief Clerk. A bill (S. 577) for the relief of William 

Mr COCKRELL. I do not think Senators should call up 
special bills from the Calendar at this time. If we are to pro- 
c ed with business, let us go to the Calendar regularly. 

Mr CULLOM. We want two whole days for the Calendar. 

Mr COCKRELL. I understand we want two whole days, and 
this is not the time now to go to passing bills out of their order. 

NEW YORK AND NEW JERSEY BRIDGE COMPANY. 

Mr FRYE. I move that the bill (S. 455) to authorize the New 
York and New Jersey Bridge Company to construct and main- 
tain a bridge across the Hudson River between New ^ ork L ily 
and the State of New Jersey be recommitted to the Committee on 
Commerce. 

The motion was agreed to. 

EXECUTIVE SESSION. 

Mr. SAWYER. I move that the Senate proceed to the con- 
sideration of executive business. , , x *v, 

Tlie motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After forty minutes spent 
in executive session the doors were reopened, and (at oo clock 
and 30 minutes p. m.) the Senate adjourned until Monday, April 
n, 1892, at 12 o'clock m. 

CONFIRMATIONS. 

.Executive nominalions confirmed by the Senate April S, 1S9S. 

PROMOTIONS IN THE ARMY. 

Infantrij arm. 
First Lieut. Richard T. Yeatman, Fourteenth Infantry, to be 

'''^Second Lieut. John Little, Twenty-fourth Infantry, to be first 

lieutenant. , -, , . ^ i 

Capt. Thomas E. Rose, Sixteenth Infantry, to be major. 
First Lieut. William C. IMcFarland, Sixteenth Infantry, to be 

'''^Second Lieut. George S. Cartwright, Twenth-fourth Infantry, 
to be first lieutenant. 

POSTMASTERS. 
Henry Vaupel, to be postmaster at Morganfield, in the county 
of Union and State of Kentucky. 

James I. Weaver, to be postmaster at London, in the county 
of Laurel and State of Kentucky. 

William F. Albright, to be postmaster at Eaton, in the county 
of Preble and State of Ohio. , 

Richard L. Templin, to be postmaster at Calla, in the county 
of Mahoning and State of Ohio. 

James Carter, to .be postmaster at Chatham, m the county of 
Pittsylvania and State of Virginia. _ 

William L. Bachelder, to be postmaster at Durand, in the 
county of Pepin and State of Wisconsin. 

Henry Schragc. to be postmaster at Whiting, m the county of 
Lake and State of Indiana. . 

David Vail, to be postmaster at New Sharon, m the county of 
Mahaska and State of Iowa. . 

Charles S. Doubleday, to be postmaster at Hico,in the county 
of Hamilton and State of Texas. 



Fulgence De Bordenave, to be postmaster at Franklin, in the 
county of Southampton and State of Virginia. 

John B. S. Zeller , to he postmaster at Mount Joy, in the county 
of Lancaster and State of Pennsylvania. 

William F. Judiesch, to be postmaster at Holstein, in the county 
of Ida and State of Iowa. , . ,, 

Mary F. Trump, to be postmaster at Maquoketa, m the county 
of Jackson and State of Iowa. . 

Sylvester S. Bookhammer, to he postmaster at Lewes, in the 
county of Sussex and State of Delaware. t, , . .v 

John W. Hallenbeck, to he postmaster at Auburn Park, in the 
county of Cook and State of Illinois. 

George W. Stetson, to be jjostmaster at Cambridgeboro, in the 
county of Crawford and State of Pennsylvania. 

George B. Tripp, to be postmaster at Mechanicsville, in th._' 
county of Saratoga and Stats of New York. 

Charles E. Gorham, to be postmaster at Great Harrington, in 
the county of Berkshire and State of Massachusetts. 

Lee McLaughlin, to be postmaster at Sanger, in the county of 
Fresno and State of California. , , . . ,^ 

Mrs. Dora Clow, to be postmaster at Arkadelphia, m the county 
of Clark and State of Arkansas. _ 

Simon J. McKenzie, to be postmaster at Adrian, in the county 
of Nobles and State of Minnesota. ^, , ... 

William H. Hyler, to be postmaster at Port Chester, in tno 
county of Westchester and State of New Y'ork. 



HOUSE OP REPRESENTATIVES. 
Friday, April 8, 1892. 
The House met at 12 o'clock m., and was called to order by the 
Speaker. Prayer by the Chaplain, Rev. W. H. Milburn, D. D. 
The Journal of the proceedings of yesterday was read and ap- 
proved. 

investigation OP LEASES, YELLOWSTONE NATIONAL PARK. 

Mr McMILLIN. Mr. Speaker, I desire to call up from the 
Speal^er's table a privileged resolution heretofore reported from 
the Committee on Rules, authorizing an investigation of certain 
leases in the Yellowstone National Park. _ 

The SPEAKER. The Clerk will report the resolution. 

The Clerk read as follows: 

Mr. McRAE submlttea the following, which was referred to the Comnuttee 

""h-S^'^fd That the Committee on the Public Lands be Instructed and dl- 
refted to examine andTeport, by bill or otherwise, as to the c rcumstances 
under which certain leases lor parcels of grounds m the lellowstone Na- 
ikml^l Part were made on or about March 20, 1889, by the Secretary of the 
"nteJor to the Yellowstone Park Association, and also why the jjrivUege 
n-Vven to said association in said leases to triinsport passengers into and 
U roS4 s^d part"^ s Sflerwards rescinded and forfeited, and the same 
irr im?d to one S S. Huntley, together with all the facts concerning such 
uamaction° that the committee make full inquiry into the manner of ad- 
mUUst?ring the affairs of said park, touching leases and privileges therein, 
and thfmanage ment of said park generally by the Interior Department; that 
fhe commitTee or any subcommittee it may designate to prosecute the m- 
miii V w exanitaation have power to send for persons and papers and to 
imVuw a sten" " Pher; and that the expenses shall be paid out of the con- 
t? iJent fund of"the H u^e, and the chairman of said committee, or of such 
SonunUt^ee it oui e c esignated, is authorized to draw for the same on 
fhe Clerk of the House in sums not to exceed SJOO at any one time. 

Mr McMILLIN. I demand the previous question, Mr. Speaker. 
That will give fifteen minutes' debate on either side, if desired. 

The previous question was ordered. ■ . 

Mr McMILLIN. There is an amendment authorized, strik- 
ing- out the words "and to employ a stenographer." This is m 
order that the official stenographers to committees of the House 

mav be employed. , i -n i,„ 

The SPEAKER. Without objection that amendment will be 

considered as agreed to. 
There was no objection. , .i „ 

Mr BURROWS. Mr. Speaker, I have forgotten whether a 

special committee was ordered by the House to make this inves- 

^ Mr. McMILLIN. Not a special committee. It simply author- 
izes one of the standing committees of the House. 
Mr. BURROWS. What committee':' 
Mr. McMILLIN. The Committee on Public Lands. 
The resolution as amended was agreed to. 

WILLIAM M. BLACKFORD. 

The SPEAKER laid before the House a communication from 
the Court of Claims, transmitting a copy of the findings of the 
court in the case of William M. Blackford against the United 
States; which was ordered to be printed, and referred to the 
Committee on War Claims. 

PUBLIC BUILDING, ALLENTOWN, PA. 

The SPE \KER laid before the House the bill (S. 100) to pro- 
vide for the purchase of a site and the erection of a public build- 
ino- thereon at Allontown, in the State of Pennsylvania; which 
was referred to the Committee on Public Buildinffs and Grounds. 



\ 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



31 41 



Mr. TURNER. Mr. Speaker, I ask unanimous consent that 
tlie special order set for this afternoon at 2 o'clock may be so 
modified that it will await the action of the House on this bill; 
that it may be postponed, if necessary, to enable us to take a vote 
upon this bill. I understand the gentleman in charge of the 
special order assents to the arrangement. 

The SPEAKER pro tempore. The gentleman from Georgia 
asks that the special order for 2 o'clock this afternoon be post- 
poned until the conclusion of this bill. Is there objection? 

There was no objection. 

[Mr. TURNER withholds his remarks for revision. See Ap- 
pendix.] 

Mr. ATKINSON. Mr. Speaker, I proposed an amendment, 
which was to strike out the words '• cotton-gin '' from the bill. 

The SPEAKER. That amendment will not be in order unless 
the demand for the previous question be voted down. 

Mr. ATKINSON." I ask the gentleman from Georgia to with- 
draw the demand for the previous question and let this amend- 
ment be considered. 

Mr. TURNER. I would be very glad to oblige the gentleman 
from Pennsylvania, but we are proceeding imder the courtesy of 
the gentlemen who have given way as to the special order for our 
benefit, and I hope the gentleman will not urge his request. 

Mr. ATKINSON. Well, it will occupy but a few minutes. 

Mr. HATCH and others. Regular order. 

The SPEAKER. The gentleman demands the previous ques- 
tion on the pending amendment and to the engrossment and 
third reading of the bill. 

The previous question was ordei'ed. * 

The SPEAKER. The Clerk will report the amendment. 

The Clerk i-ead as follows: 

.\meni) by adding. In the tenth line of the printed bill, after the word "gins," 
the words •■ and parts thereof. " 

The amendment was agreed to. 

The bill as amended was ordered to be engrossed tor a third 
reading: and it was accordingly read the third time. 

The SPEAKER. The question is on the passage of the bill. 

Mr. BURROWS. Mr. Speaker, on that I call for the yeas and 
nays. 

The yeas and nays were ordered. 

The question was taken: and there were — yeas 167, nays 46, not 
voting 11.5; as follows: 

YEAS— 167. 



Abbott. 


Cooper. 


Holman, 


Pattison, Ohio 


Alexander, 


Cox, Tenu. 


Hooker. Miss. 


Patton, 


Allen. 


Crai ,'. P.L 


Honk. Ohio 


Payuter, 


Andrew, 


Crain. Tex. 


Johnstone, S. C. 


Pearson, 


Arnold, 


Crawford, 


Jones, 


Peel, 


Hailey, 


Crosby, 


Kem, 


Pendleton, 


B.iker, 


Culberson, 


Kilgore, 


Price. 


Hankhrad, 


Cumniings, 


Kyle, 


Rich.ardson. 


Barwip:, 


Daniell. 


Lane, 


Robertson, La. 


ISeenian, 


Davis. 


Lanham, 


Rockwell, 


Benlley, 


De Arniond, 


Lapham, 


Sayers, 


Hlanehard, 


De Forest, 


Lawson, Va, 


Scott, 


Bland, 


Dickerson, 


Lawson, Ga. 


Seeriey, 


Blount, 


Dixon. 


Lester, Ga. 


Shell. 


Bowman, 


Donovan, 


Lewis, 


Shively, 


Branch, 


Duncan. 


Lockwood, 


Simpson, 


Breckinridge, Ky. 


Durborow, 


Long. 


Steward, 111. 


Bretz, 


Edmunds, 


Lynch, 


Stewart. Tex. 


Brickner, 


Elliott, 


Mallory, 


Stockdale, 


Brookshlre, 


Ellis, 


Martin. 


Stone, Ky. 


Hr..wn. 


Enloe, 


M<-Aleer. 


Stout, 


Brunner, 


Epes, 


McClellan, 


Tarsuey, 


Bryan. 


Everett, 


McCreary, 


Terry, 


Bir-h;inan, Va. 


Fithian, 


McCiann, 


Tillm.an, 


Bullock, 


Forney, 


McKaig, 


Tracey, 


Bunting, 


Fowler, 


McKeighan, 


Tucker, 


Bu.scy, 


Fy.an. 


McKinney, 


Turner, 


Bushuell, 


Geary, 


McMillin, 


Van Horn, 


Butler, 


Goodnight, 


McRae. 


War.tev. 


Byms, 


Gorman, 


Meredith, 


Washington, 


Cable, 


Grady, 


Meyer, 


Wat.son. 


Caruth, 


Greenleaf, 


Miller. 


Weadofk. 


Castle, 


Halvorson. 


Montgomery, 


Wheeler. Ala. 


Catchlngs, 


Hare. 


Moore. 


Whc-ler, Mich. 


C.ate, 


Harries, 


Mutchler, 


White, 


C'hipman, 


Hatch, 


Dates. 


Wike. 


Clancy, 


Hayes. Iowa 


ONell, Mass. 


Willcox, 


Clarke, Ala. 


Haynes, Ohio 


Otis, 


Williams, 111, 


Clover, 


Heard, 


Outhwaite, 


Wilson, Mo. 


Cobb, Ala. 


Hemphill, 


Page, Md. 


Wise, 


Cobb, Mo. 


Henderson, N. C. 


Parrett, 


Yonmans, 


Coolidge, 


Herbert, 


Patterson, Tenn. 






NAYS— 46. 




Uanine, 


Haugen. 


ODonnell, 


Smith, 


Belden, 


Hermann, 


O-Neill, Mo, 


Stephenson, 


Belknap, 


Hitt, 


Perkins, 


Stone. C. W. 


Boutelle, 


Hopkins. Pa, 


Post, 


Storer, 


Coburn, 


Hopkins, 111. 


Powers, 


Sweet, 


Cutting, 


Hull, 


Quackenbtish, 


Taylor, E. B. 


Dalzell, 


Hull, 


Raines, 


Townsend. 


English, 


Johnson, Ind. 


Ray, 


Wadsworth, 


Flick. 


Johnson, N. Dak. 


Reybtirn, 


Walker, 


Funs ton. 


Lodge, 


Rite, 


Wilson, Wash, 


Grout, 


Loud, 


Scull, 




Harmer, 


MillJken, 


Shouk, 







NOT VOTING- 1 15. 




Alderson, 


Compton, 


Jolley, 


Rusk, 


Amerman, 


Coombs, 


Ketcham, 


Russell. 


Atkinson, 


Covert, 


Kribbs, 


Sanford, 


Babbitt, 


Cowles, 


Lagan, 


Snod grass. 


Bacon, 


Cox, N. Y. 


Layton, 


Snow, 


Beltzhoover, 


Curtis, 


Lester, Va. 


Sperry, 


Bergen, 


Dingley, 


Lind, 


Springer, 


Bingham, 


Doan, 


Little, 


Stackhouse, 


Boatner, 


Dockery, 


Livingston, 


Stahlnecker, 


Bowers, 


Dolllver, 


Magner, 


Stevens, 


Brawley, 


Dunphy, 


Mansur, 


Stone, W. A. 


Breckinridge, Ark 


. Enochs, 


McDonald, 


Stump, 


Broderick, 


Fellows, 


Mitchell, 


Taylor, 111. 


Brosins, 


Fitch, 


Morse, 


Taylor, Tenn. 


Buchanan, N. J. 


Fm-man, 


Mose.s, 


Taylor, J. D. 


Bunn, 


Gantz. 


Newberry, 


Taylor, V. A. 


Burrows, 


t;eissenhainer. 


Norton. 


Tttrpin, 


Bynum, 


Gillespie, 


OFerrall, 


Warwick, 


Cadmus, 


tlriswold, 


O-Neill, Pa. 


Watigh, 


Caldwell, 


Hall, 


Owens, 


Wever. 


Caminetti, 


llallowell, 


Page, R. I. 


Whiting, 


Campbell, 


Hamilton, 


Payne, 


Williams, Mass. 


Capehart, 


Harter, 


Pickler, 


Williams, N.C. 


Causey. 


Henderson, Iowa 


Pierce, 


Wilson, Ky. 


Cheatham, 


Henderson, 111. 


Randall, 


Wil.son,W.Va. 


Chapin. 


Hoar, 


Rayner, 


Winn, 


tnark,Wyo. 


Ilo.,ker,N.Y. 


Reed, 


Wolverton. 


Cockran, 


Huuk, Tenn. 


Reilly, 


Wright. 


Cogswell, 


Johnson, Ohio 


Robinson, Pa. 





The following-named members were announced as paired until 
further notice; 

Mr. L.\GAN with Mr. CALDWELL. 

Mr. Layton with Mr. TAYLOR of Illinois. 

Mr. Harter with Mr. Bowers. 

Mr. Campbell with Mr. Wilson of Kentucky. 

Mr. Winn with Mr. Morse. 

Mr. Livingston with Mr. Dingley. 

Mr. Brawley with Mr. Bingham. 

Mr. Magner witli Mr. Payne. 

Mr. Wolverton with Mr. Broderick. 

Mr. Stevens with Jlr. Randall. 

Mr. Cox of New York with Mr. GRISWOLD. 

Mr. Henderson of Iowa with :Mr. Dockery. 

Mr. Covert with Mr. Cheatham. 

Mr. Breckinridge of Arkansas with Mr. Cogswell. 

Mr. Compton with Mr. Buchanan of New .Jersey. 

Mr. Whiting with Mr. Burrows. 

Mr. Alderson with Mr. Dolliver. 

Mr. Bacon with Mr. Henderson of Illinois. 

Mr. Moses with Mr. Clark of Wyoming. 

Mr. Sperry with Mr. Sanford. 

Mr. Williams of North Carolina with Mr. Shonk. 

Mr. Mitchell with Mr. Vincent A. Taylor. 

Mr. Capehart with Mr. Russell. 

Mr. Springer with Mr. Reed. 

Mr. O'Ferrall with Mr. Doan, until further notice. If pres- 
ent. Mr. O'Ferrall would vote for the wool bill: Mr. Doan 
would vote against it. 

Mr. Mansur with Mr. TAYLOR of Tennessee, from April 2 
until further notice: not to be changed in the absence of either. 

Mr. Pierce with Mr. Lind, until further notice: also the Bla,acl 
bill and all questions connected therewith. This pair not trans- 
fei able. 

Mr. TURPIN with Mr. HOOKER of New York, including elec- 
tion casj, until further notice, except on silver question. 

The following for this day: 

Mr. .Johnson of Ohio with Mr. William A. Stone. 

Mr. Stump witli Mr. .Joseph D. Taylor. 

Mr. Bynum with ..Mr. Bergen. 

The following on this vote: 

Mr. Williams of Ma-:sachusetts with Mr. Curtis. 

Mr. Rayner with Mr. Waugh. 

Mr. Wilson of West Virginia with Mr. UOBINSON of Penn- 
sylvi nia. 
" Mr. Caminetti with Mr. Pickler. 

.Mr. P^ELLOWS with Mr. Ketcham. 

Mr. Cadmus with Mr. Wever, until Monday next. 

Mr. Geissenhainer with Mr. Wright, until Tuesday next. 

Mr. Hoar with Mr. BrosiuS, for one week. 

Mr. Owens with Mr. Enochs, from April 2 until April 12, in- 
clusive. 

Mr. Snodgrass with Mr. HouK of Tennessee, from April 6 
until April 21. inclusive. 

Mr. Causey with Mr. O'Neill of Pennsylvania, until April 
1.'^. If not paired Mr. O'Neill would vote " no." 

Mr. Babbitt with Mr. .Jolley on the catton-tio bill; if present, 
Mr. Babbitt would vote for the bill and Mr. Jolley would vote 
against it. 

Mr. BuNN with Mr. ATKINSON, from March ,30, 1892, until can- 
celed by consent of both, 

Mr. JIcRAE. Mr. Speaker, I desire to announce that ray col- 
league, Mr. Breckinridge of Arkansas, is absent by leave of the 



3142 



CONGRESSIONAL EEOORD— HOUSE. 



Apeil 9, 



House, taking- i^art in an investigation by order of the House; if 
present, he would vote in favor of this bill. 

Mr. DINGLEY. Mr. Speaker, I voted; but I desire to with- 
draw my vote, being paired with the gentleman from Georgia, 
Mr. LiviNG.STON. If he were jiresent I should vote "no," and 
he would vote ''aye." 

Mr. ATKINSON. Mr. Spaaker, I am requested by my col- 
league, Mr. O'Neill of Pennsylvania, to say that he is paired, 
and"^ that if he were present he would vote "no." I also am 
paired; if I were not I would vote " no." 

Mr. BURROWS. Mr. Speaker, I voted, but being paired, I 
withdraw my vote. If I were not paired I should vote ''no." 

The SPEAKER. On this questitm the yeas are KH and the 
noes are 45. The ayes have it, and the bill is passed. 

Mr. TURNER moved to reconsider the vote by which the bill 
was passed; and also moved that thu motion to reconsider be laid 
on the table. 

The latter motion was agreed lo. 

APPROPRIATION BILL, DISTRICT OF COLUMBIA. 

The SPEAKER. If there be no objection, the Chair will lay 
before the House the District of Columbia appropriation bill, 
with Senate amendments, which will be referred to the Commit- 
tee on Appropriations. 

There was no objection, and it was so ordei-ed. 

ORDER OF BUSINESS. 

Mr. HEARD. Mr. Speaker, I ask unanimous consent to make 
a rejiort at this time from the Committee on the District of Co- 
lumbia. Monday will be District day, and this is the only op- 
portunity wo can have before then to present the report. 

There was no objection. 

V^ASHINGTON AND GEORGETOWN RAILROAD COMPANY. 

Mi'tEIEARD, from the Committoa on the District of Columbia, 
reported back with a favorable recommendation the bill (S.2015) 
toa:nend the act incorporating the "Washington and Georgetown 
Railroad Company; which was referred to the Housa Calendar, 
and, with the accompanying report, ordered to be printed. 
LIGHT-HOUSES, ETC. 

Mr. BRICKNER, from the Committee on Interstate and For- 
eign Commerce, by unanimous consent, reported back with a fa- 
vol-able recommendation the bill (H. R, 8007 ) providing for sundry 
light-houses and other aids to navigation; which was referred to 
the Committ.^e of the Whole House on the state of _ the Union, 
and, with the accompanying report, ordered to be printed, 

FREE TIN PLATE, ETC. 

Mr. SHIVELY, from the Committee on Ways and Means, re- 
ported a bill {H. R. 8033) to reduce the duty on tin plate, terne 
plate, taggers tin, and to i-eoeal paragraph 209 of section 1 of 
an act entitled "An act to reduce the revenue, and for other pur- 
poses;" which was referred to the Committee of the Whole House 
on the state of the Union, and, with the accompanying report, 
ordered to be printed. 

On motion of Mr. BURROWS, unanimous consent was given 
for the minority of the committee to file their views upon the 
bill, to be printed with the report. 

RETURN OF RESOLUTIONS FROM THE SENATE, 

Mr. RICHARDSON, Mr, Speaker, I ask unanimous consent 
to have the order adopted which I send to the desk. 

The order was read, as follows: 

Sisoh'ecl. Thnt the Clerk of tlie House be directed to request the Senate tii 
return to the Hotise of Representatives the concurrent resolution of the Sen- 
ate "to print 50,000 copies of the elshth and ninth annual reports of the Bu- 
reau of Animal Industry lor the years 1891 and 1893." Also the concurrent 
resolution of the Senate "to print 8,000 copies of the eleventh and twelfth 
annual reports of the Directorof the Bureau of Ethnology." 

The resolution was adopted. 

BRIDGE BETWEEN OREGON AND WASHINGTON. 

Mr. GEARY, from the Committee on Interstate and Foreign 
Commerce, by unanimotis consent, reported back with a favorable 
recommendation the bill (S. li.'iSS) to amend an act entitled " An.act 
to authorize the Oregon and Washington Bridge Company to con- 
struct and maintain a bridge across the Columbia River between 
the State of Oregon and the State of Washington, and to estab- 
lish it as a iJost-road;" which was referred to the House Calen- 
dar, and, with the accompanying report, ordered to be printed. 

BRIDGE ACROSS THE TENNESSEE. 

Mr. GEARY also, by unanimous consent, from the Committee 
on Interstate and Foreign Commerce, reported back with a favor- 
able recommendation the bill (H. R. 6091) to amend an act to au- 
thorize the construction of a bridge across the Tennessee River 
at or near Knoxville, Tenn. , approved August 9, 1888; which was 
referred to the House Calendar, and, with the accompanying re- 
130rt, ordered to be printed. 



LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as fol- 
lows: 

To Mr. Hall, indefinitely, on account of sickness. 

To Mr. Pearson, for one week, on account of important busi- 
ness. 

To Mr. Bryan, until April 21, on account of important busi- 
ness. 

THE LATE REPRESENTATIVE MELBOURNE H. FORD. 

Mr. BELKNAP. Mr. Speaker, I ask for the regular order. 

The SPEAKER. The Clerk will read the special order for 
this day. 

The Clerk read as follows: 

Hesolved. That Saturday, April 9, begimiiug at 2 o'clock p. m., be set aiMi • 
for paying tribute to the memory of Hon. Melbourne H. Ford, late a men, 
ber of the House of Representatives from the Fifth district of Michigan. 

Mr. BELKNAP. Mr. Speaker, I oft'er the i-esolutions which 
I send to the desk. 

The resolutions were read, as follows: 

Jlesolced, That tlsc business of the House be now suspended, that oppor- 
tunity may be Riven tor tribute to the memory of the Hon. Melbourne H. 
Ford! late a Representative from the State of Michigan. 

Jiesulveil. That, as a particular mark of respect to the memory of the de- 
ceased, .and in recognition of his eminent abilities as a public servant, the 
House at the conclusion of these memorial proceedings shall stand ad- 
journed. 

liesoli'ed. That the Clerk commtmicate these resolutions to the Senate. 

Jtesolved. That the Clerk be instructed to send a copy of these resolutions 
to the family of the deceased. 

Mr. O'DONNELL. Mr. Speaker, the frequent assignment of 
days in which the cOM'se of business is suspended in the House 
of Representatives to pay tribute to the worth of departed mem- 
bers of the Fifty-second Conjrress who have gone to the silent 
continents of ctei'nity furnish impressive lessons of the mutabil- 
ity of human affairs, the uncertainty of life, and the certainty of 
death. Since my service in this House many have been sum- 
moned from the activities of being to the stillness of the grave. 
What a roll of names that can make answer only from the silent 
depths of memory I In the present Congress what a membership 
have gone to the solemn shades' 

Since Michigan became a State five of its members in this 
House and two Senators have died in office. The latter were 
Kinsley S. Bingham, one of our earlj' statesmen, who died in 
18(U, and Zachariah Chandler, the great war Senator, unexpect- 
edly taken from earth in 1879, Of the members of the House 
whose terms were closed by death were Edward Bradley, died 
in 1847, before taking his seat; Wilder D, Foster, who passed 
away in 1872: Alpheus S. Williams, summoned hence in 1878; 
Seth C. Moffatt, suddenly called in 1887; and the fifth and lastof 
the list of Michigan's representatives released from duty by 
death was Melbourne H, Ford, whose memory we honor to-day, 
and who was niunbered with the dead less than a year ago, 
April 20, 1891, 

Mr. Ford was born in Saline, Mich., June 30, 1849. My first 
acquaintance with him began in my own city, where he was em- 
ployed as a clerk. I remember that the duties of the clerkship 
were performed faithfully and acceptably by the youth. When 
he had given up the humble position he departed, and I did not 
meet him again until the winter of 1887 in this Hall, when he 
came to enter upon the duties of a Representative in the Fiftieth 
Congress. 

Mr. Ford commenced his education at the Agricultural ("ol- 
loge at Lansing, and while there received the appointment of 
naval cadet at Annapolis. He pursued the studies at that his- 
toric school for a few months. The young man desired to serve 
his country. He had not attained 'the years on entering the 
Academy to be enrolled among the country's defenders, but after 
a time he joined the naval forces and saw a little service before 
the ordeal of war was fully ended. He was ])ermitted to be a 
participant in the great struggle that made ambition virtue and 
repaid the nation in following the profession for which it had 
partially educated him. 

When peace was restored he quitted the Navy and turned his 
talents to the conquests of peace, studied law, and was admitted. 
He never practiced that profession, but served many courts in 
another capacity than that of advocate or coimsel. He ranked 
among the most proficient of stenographers and enjoyed the 
work." He held but two elective positions, both legislative. In 
1884 he was chosen a member of the lower house of the Michigan 
Legislature, being accredited to that branch by the great manu- 
facturing city of the State. He soon gave evidence of decided 
ability, his service being so acceptable that ho was rewarded in 
1886 by an election to this House. 

During the term here he exhibited application and industry, 
accomplishing much for his constituency and district. He sought 
by law to stay the tide of immigration of the unworthy to our 
shores: to elevate American citizenship, and debar dangerous 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3155 



to Indians, to report it adversely, with the recommendation that 
it be indeiinitely postponed. I will state that the reason for the 
adverse report is that the Senate has ah-eady passed a bill upon 
this subject. 

The VICE-PRESIDENT. The bill will bo postponed indefi- 
nitely. 

Mr. PALMER, from the Committee on Military Affairs, to 
whom was referred the bill (S. 866) authorizing' the Secretary of 
War to detail certain officers of the Army for special duty in 
connection with the World's Columbian E.xposition, reported it 
with an amendment, and submitted a report thereon. 

Mr. HOAR. I am directed by the Committee on the Judiciary, 
to whom was referred the bill fs. 1185) to establish a court of ap- 
peals for the District of Columbia, and for other purposes, to re- 
port it with amendments. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar. 

Mr. HOAR. I desire to give notice that after the bill to amend 
the act establishing circuit courts of appeals shall have been dis- 
posed of, I shall desire to call up this bill andakindred measure 
in reference to the Court of Claims, so that the three bills which 
relate to the jurisdiction of the different courts of the United 
States may be considered in succession. 

TRANSFER OF RE\rENUE-CrUTTER SERVICE. 

Mr. BLACKBURN. In the absence ot the Senator from South 
Carolina [Mr. Butler], I ask leave to submit a report from the 
Committee on Naval Att'airs, to accompany the Ijill (S. 67) to 
transfer the Revenue-Cutter Service from the Treasury Depart- 
part to the Navy Department. That bill is already on the Cal- 
endar, and I ask leave, in the absence of the Senator from South 
Carolina, to submit his report to go with the bill. 

The VICE-PRESIDENT. The report will accompany the bill 
on the Calendar. 

Mr. CHANDLER submitted the following resolution; which 
was considered by unanimous consent, and agreed to: 

Ordered, That there be printed for the use of the Senate l.OQP additional 
copies of the report on the bill (.S. 67) to transfer the Kevenue-Cutter Serrtce 
from the Treasury Department to the Navy Department. 

BILLS introduced. 

Mr. CAMERON introduced a bill (S. 2883) for the relief of 
Kathorine B. Montgomery, administratrix: which was read 
twice by its title, and referred to the Committee on Claims. 

Mr. HISCOCK introduced a bill (S. 2SS4) for the relief of 
Charlotte A. Von Cort; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Naval Affairs. 

Mr. WALTHALL introduced a bill (S. 2885) to authorize the 
Legislature of the State of Mississippi to sell or lease the lands 
heretofore appropriated to the use of schools within the Chicka- 
saw cession, and to ratify and approve the sales already made; 
which was read twice by its title, and referred to the Commit- 
tee on Public Lands. 

Mr. ALLEN introduced a bill (S. 2886) for the relief of Louis 
B. Kopp; which was read twice by its title, and referred to the 
Committee on Militarv Affairs. 

Mr. MCPHERSON introduced a bill (S. 2887) for the relief of 
the legal representatives of James V. Bomford; which was read 
twice by its title, and referred to the Committee on Military Af- 
fairs. 

Mr. DOLPH introduced a bill (S. 2888) to provide for the sur- 
vey and construction of a wagon road from Gold Hill Station, 
Jackson County, Oregon, to Crater Lake; which was read twice 
by its title, and referred to the Committee on Public Lands. 

Mr. MORGAN (by request) introduced a bill (S. 2889) for the 
relief of Thornton A. Washington; which was read twice by its 
title, and referred to the Committee on Public Lands. 

He als3 introduced a bill (S. 2890) to provide for the allotment 
of lands among several Indian tribes in the Quapaw Agency, in 
tho Indian Territory, and for the sale of certain surplus lands of 
such tribes, and for the creation of the county of Cayuga in the 
Territory of Oklahoma, and for other purposes; which was read 
twice by its title, and referred to the Committee on Indian Af- 
fairs. 

Mr. MANDERSON introduced a bill (S. 2891) to increase the 
pension of Warren Hallett; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Pensions. 

Mr. PALMER (by request) introduced a bill (S. 2892) to remove 
the limitation in tho payments of arrears of pensions; which was 
read twice by its title, and referred to the Committee on Pen- 
sions. 

Mr. JONES of Arkansas inti'oduced a bill (S. 2893) authoriz- 
ing the construction of a free bridge across the Arkansas River 
connecting Little Rock and Argenta, Ark.; which was read twice 
by its title, and referred to the Committee on Commerce. 



Mr. HANSBROUGH (by request) introduced a bill (S. 2894) 
to quiet title to certain lands in the State of North Dakota; which 
was read twice by its title, and referred to the Committee on 
Public Lands. 

amendment to a bill. 

Mr. PADDOCK submitted an amendment intended to be pro- 
posed by him to the agricultural appropi'iation bill: which was 
referred to the Committee on Agriculture and Forestry, and 
ordered to be printed. 

CHiVNGE OF reference. 

Mr. VOORHEES. Some days ago I introduced the bill (S. 
2693) for tho relief of John H. Crane, of the District of Columbia, 
and had it referred to the Committee on Claims. I am satisfied 
that the bill ought to go to the Committee on the District of Co- 
lumbia. I ask that that change of reference be made. 

The VICK-PRKSIDENT. If there bo no objection, the Com- 
mittee on Claims will be discharged from the further considera- 
tion of the bill, and it will be referred to the Committee on the 
District of Columbia. The Chair hears no objection. 

INSTITUTIONS OP LEARNING. 

Mr. WOLCOTT. I move that Order of Business 381,- 4<tL juiul^ *-^ 
resolution (S. R. 55) to encourage the establishment and endow- 
ment of institutions of learning at the national capital, be indefi- 
nitely postponed . A similar measure has passed the other House 
and is now on the Calendar. 

The motion was agreed to. 

HEARINGS BEFORE COMMITTEE ON INDIAN AFFAIRS. 

Mr. MORGAN submitted the following resolution; which was 
-ead: 

ResoUed, That the Committee on Indian Affairs have authority for the em- 
ployment of a sleno^aphcr to report the hearins^s of March ^ and March 19. 
1H9"J, relative to allotments of lands in severalty to certain Indian tribes lie- 
fore a subcommittee of said committee, the compensation of said stenog- 
rapher to be paid from the contingent fund of tho Senate. 

Mr. IilORGAN. I inquire whether the resolution must go to 
the Committee on Contingent Expenses? 

The VICE-PRESIDENT. Under the rule the resolution must 
go to the Committee to Audit and Control the Contingent I2x- 
penses of the Senate. 

Mr. MORGAN. Very well. 

The VICE-PRESIDENT. It will be so referred. 

TRADE RELATIONS WITH HAITI AND GERMANY. 

Mr. MORGAN. I submit the resolutions which I send to the 
desk, and ask for their jjresent consideration. 
The I'esolutions were read, as follows: 

Besolred, That the President Is requested, if It is not, In his opinion Incom- 
patible with the public interests, to commtmicate to the Senate the items of 
taxation ui)on imports from the United States imposed by the laws of the 
republic of Haiti, upon which he has based his finding and proclamation 
that the tariff laws of Haiti are, reciprocally, unjust to the United States; 
and that he send to the Senate the correspondence with the Government of 
Haiti relating to reductions of taxation under the tariff laws of Haiti, that 
have been proposed by either Govermnent to secure reciprocal justice in 
tariff taxation between the two Governments. 

Resolved, That in like manner, the President is re<inested to send to the 
Senate any a.creement made by him. on behalf of the United States, with the 
Imperial Government of Germany, and the coiTespondence reiatin?r to the 
subject of such ain-cement. in which it is provided that sug-ar. or any other - 
German production or export, shall be admitted free of duty into the United 
States. And that he inform the .Senate what articles of American production 
he has proposed or demanded that Germany shall receive free of duty or 
upon a schedule of reduced duties, as the fair reciprocal equivalent of per- 
mitting the import into the United States of German sugar, hides, tea, or 
coffee; and, whether such proposals, or demands, made by the President. 
have been accepted by the Imperial Government of Germany. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the resolutions? 

Mr. HALE. Let them lie over for a day. 

The VICE-PRESIDENT. The resolutions will go over and 
be printed. 

BUILDING OP WAR SHIPS ON THE GREAT LAKES. 

Mr. HALE. Has any action been taken on the two resolutions 
which on my request were laid over on Friday? 

The VICE-PRESIDENT. The Chair will lay the resolutions 
before the Senate. 

Mr. HALE. I have examined them, and I have no objection 
to their being passed. 

The resolution submitted by Mr. McMillan on the 8th instant 
was read, as follows: 

Whereas it is alleged that the iron and steel shlpbuUdtng plants along the 
Great Lakes of the Northwest exceed in combined facilities, in magnitude, 
and in capital the interests of ail other shipbuilding phuits of the coimtry 
combined; and. 

Whereas it is further alleged that these great Inland shipbuilding inter- 
ests have been denied an opi>ortiinity to bid for th^ construction of toiTedo 
boats and the smaller clas.-i of warships which can betaken by the water 
route throitgh the St. Lawrence to the sea: Therefore, 

Resolved, That the Secretary of the Na\T be, and he is hereby, directed tr> 
Inform the Senate whether an.v bids for the construction of certain types ot 
war ships have been received from any of said shipbuilding companies, and 
whether such bid or bids have beenrefused oi' rejected by his Deiiartment for 



3156 



CONGRESSIONAL RECORD— SENATE. 



April 11, 



any reason or reasons other than such as follow from the usual rule in ac- 
cepting or rejecting bids for sttch class of worlr, and If so, the reasons there- 
for. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolution. 

The resolution was agreed to. 

NAVAL FORCE ON THE GREAT LAKES. 

The VICE-PRESIDENT. The Chair lays before the Senate 
another i-esolution coming over from a previous day, vphich will 
be read. 

The resolution submitted by Mr. McMillan on the 8th in- 
stant was read, as follows: 

Sesolvfcl. That the Secretary of State be, and he is hereby, directed to in- 
form the Senate whether the agreement entered Into between the United 
States and Great Britain in the year 1817, covering the question of the naval 
force to be maintained by the two Governments on the Great Lakes of the 
United States is now held to be in force by the Dep.artment of State, and 
what, if any, action has been taken by our Government to revive or put in 
force the terms of said agreement, and if so, inider what authority or action 
on the part of our Government such agreement has been held to be in force 
since the giving of the required formal notice by the President to Great 
Britain in December, 1864, of a desire on the part of the United States to an- 
nul said agreement at the expiration of the six months from the date of said 
formal notice, and of the ratification of said notice by the act of Congress of 
February 9, 1865. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolution. 
The resolution was agreed to. 

PURCHASE OF SILVER BULLION. 

Mr. STEWART submitted the following resolution; which was 
read: 

Mesotved, That the Secretary of the Treasury be, and he is hereby, directed 
to Inform the Senate what is the aggregate cost of the silver bullion and 
Standard dollars coined therefrom purchased mtder the act of July 14. 1890, 
and now held in the Treasury, and what amount of Treasury notes issued 
for such purchase is now outstanding; and whether any of such notes have 
been received by the Treasury in exchange lor gold coin or redeemed in gold 
coin; and what amount of silver coin there Is nowin the Treastiry applicable 
to the redemption of such notes; and also whether, when such notes are re- 
ceived into the Treasury for customs, taxes, and other public dties, they are 
reissued or retained in the Treasury; and if any such notes have been re- 
tained in the Treasury, what amovint has been so retained. Are persons sell- 
ing bullion to the United States under the act of April 14, 1890, required to 
make immediate delivery and take the bullion so sold out of the market, or 
are they given time to make such deliveries after having made a contract to 
supply the United States and deprlA'ed others of that opportunity? Does 
the public have notice of the times, places, and amounts of silver bullion 
which will be purchased by the United States, or are such purchases made of 
brokers and bankers without stich public notice? Isthe business of purchas- 
ing silver bullion under the act of July 14. 1890, conducted with a view of de- 
pressing the price of bullion and obtaining it as cheap as possible, or with a 
view of carrying out the established policy of the United States to maintain 
the two metals (gold and silver) onaparitywitheachotherupon the present 
legal ratio. And what amount of gold coin and gold bars is there in the 
Treastiry, exclusive of outstanding gold certilicates? 

Mr. STEWART. I ask for the present consideration of the 
resolution. 

The VICE-PRESIDENT. Is there objection? 

Mr. PLATT. I presume the resolution had better be printed. 

Mr. PRYE. Let it be printed. 

Mr. STEWART. I should like to make a few remarks in re- 
gard to it. 

Mr. PLATT. I have no objection to that; but I should like 
to have the resolution printed before it is passed. 

The VICE-PRESIDENT. The resolution will be printed. 

Mr. STEWART. I do not know that I understand the Treas- 
ury statement and the mode of making up the accounts. It 
seems to me that there is some doubt about the possibility of 
maintaining the gold standard under the theory of the Secretary 
of the Treasury. The last repoi't 

Mr. CHANDLER. Will the Senator allow me to interrupt 
him for a moment? My colleague [Mr. G.\llinger] gave notice 
that to-day he wished to submit some remarks, and I also gave 
notice that I desired to make some remarks to-day upon a joint 
resolution introduced by the Senator from Illinois [Mr. Palmer]. 
Do I understand that the Senator from Nevada proposes to oc- 
cupy the time with a speech? 

Mr. STEWART. I propose to occupy about fifteen minutes. 
If that is not convenient, I will let the matter go over until to- 
morrow. 

Mr. CAMERON. I also gave notice that I should ask for an 
executive session this morning, and I do not want all the time 
consumed with other matters. 

The VICE-PRESIDENT. Morning business is still in order. 

ORDER OF BUSINESS. 

Mr. HOAR. I should like to know the purpose of the Senate 
in regard to the two days to be spent upon the Calendar. The 
bill for the amendment of the act to establish circuit courts of 
appeals is the unfinished business; but when it was made the 
unfinished business some ten days ago I said that I did not wish 
to interfere with the desire of the Senate to have two days spent 
ui)on the Calendar. T shoidd like to have that settled now, if 
the Chair plea.se. I desire to know what we can depend on. 

Mr. CHANDLER. I do not suppose the Senator from Massa- 



chusetts intends to interfere with the remarks which Senators 
gave notice they would like to make in the morning hour to-day. 

Mr. HOAR. No. 

Mr. CHANDLER. It seems to me that the Senator from Ne- 
vada was about to occupy the time on his resolution, and I thought 
I would ask him if he would not postpone his remarks until to- 
morrow. 

Mr. STEWART. I ask the Senator to allow me to make a 
suggestion and I will then yield the floor. I will allow the reso- 
lution I ofTercd to lie on the table for the present, and I shall 
occupy about fifteen minutes to-morrow morning, as Senators 
desire to have.it in print before it is acted upon. Let it lie on 
the table, and I shall to-morrow occupy about fifteen minutes, 
not to make a speech, but to explain how I understand the state- 
ments of the Treasury Department. 

_ The VICE-PRESIDENT. The resolution will be printed and 
lie over. 

Mr. STEWART. I want it distinctly understood that to- 
morrow morning I shall occupy about fifteen minutes, not to make 
any speech, but to call attention to the statements of the Secre- 
tary of the Treasury on this subject. 

Mr. HOAR. Does the Chair understand that the order to spend 
two days on the Calendar is in force for to-day and to-morrow? 

The VICE-PRESIDENT. It was the understanding of the 
Chair at the time, that when the District of Columbia appropri- 
ation bill was completed the next two days should be devoted to 
the Calendar. 

Mr. HOAR. Then I give notice that I shall insist upon the 
observance of that order for to-day and to-morrow, excepting, of 
course, the opportunity for the Senator from Nevada to make 
his remarks. 

Mr. CAMERON. I hope the Senator from Massachusetts does 
not propose to cut off my motion for an executive session to-day. 

HOUSE bills REFERRED. 

The bill (H. R. 2503) for the relief of R. A. Spaulding, admin- 
istrator of estate of Solomon Blue, deceased, was read twice by 
its title, and referred to the Committee on Claims; 

The bill (H. R. COOG) to admit free of duty bagging for cotton, 
machinery for manufacturing bagging, cotton-ties, and cotton- 
gins, was read twice by its title, and referred to the Committee 
on Finance; and 

The joint resolution (H. Res. 107) authorizing the State of 
Wisconsin to place in Statuary Hall at the Capitol the statue of 
Pere Marquette was read twice by its title, and referred to the 
Committee on the Library. 

RETURN OF CONCURRENT RESOLUTIONS. 

The VICE-PRESIDENT laid before the Senate the request of 
the House of Representatives to return to that body the concur- 
rent resolut ion of the Senate to iirint 50,000 copies of the eighth and 
and ninth annual reports of the Bureau of Animal Industry for 
the years 1891 and 1892; and, by unanimous consent, the request 
was ordered to be complied with and the concurrent resolution 
returned to the House of Representatives. 

He also laid before the Senate the request of the House of 
Representatives to return to that body the concurrent resolution 
of the Senate to print 8,000 copies of the eleventh and twelfth 
annual reports of the Director oE the Bureau of Ethnology, 
and. by unanimous consent, the request was ordered to be com- 
plied with, and the concurrent resolution rettu'ned to the House 
of Representatives. 

NATIONAL SANITARIUM. 

Mr. GALLINGER. In pursuance of the notice heretofore 
given by me, I call up Senate joint resolution No. 67. 

The VICE-PRESIDENT. The Chair lays before the Senate 
the joint resolution (S. R. 07) providing for the appointment of 
a commission to select a site for the establishment of a national 
sanitarium for the treatment of pulmonary diseases. 

Mr. GALLINGER. Mr. President, it may not be unprofitable 
for the Senate to pause for a brief time from the consideration 
of political and financial questions and give thought to a subject 
that deeply concerns the physical and moral well-being of a large 
class in every State of the American Union — a class of citizens 
environed by misfortune and rendered hopeless and helpless by 
disease. The statistics of mortality show that consumption de- 
stroys more lives than war, pestilence, and famine combined, and 
the individual sufferer is powerless to cope with this relentless 
enemy of mankind. In their utter helplessness these unfortu- 
nates appeal to the Congress of the United States for sympathy 
and help. Shall their appeal be in vain? 

The joint resolution for the establishment of a national sani- 
tarium for the treatment of pulmonary diseases, which I had the 
honor to introduce on the 22d day of March last, reads as follows: 

Section 1. That the President of the United States shall appoint a com- 
mission consisting of three persons, two of whom shall be physicians, whose 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



3175 



NOT VOTING— 153. 



Abbott, 

Alderson, 

Amerman. 

Andrew, 

Atkiusou. 

Babbitt, 

Bacon, 

Beltzhoorer, 

Blancbard. 

Boatner, 

Bout«lle, 

Brecldnridge, 

Brooks hire. 

BroslTZS, 

Brown, 

Brnuner, 

Bryan, 

Blum, 

Burrows, 

Buslinell, 

Bynum, 

Cable, 

Cadmus, 

Caldwell, 

Canimetti, 

Campbell, 

Capehart, 

Causey, 

Cheatham. 

Chapin, 

Chlpmau, 

Claucv. 

Clark, Wyo. 

Clover, 

Corrswell, 

Coolldge, 

Cooper, 

Covert, 

Cowles, 



Culberson, 
Dalzell, 
Dingley, 
Dolliver, 
Dungan, 
Duuphy, 
Elliott, 
Ellis, 
English, 
Enloe, 
Eiioch.s, 
Ark. Fitch, 
Flick. 
Forman, 
Forney, 
GeLssenhainer, 
Goodnight, 
Gorman, 
Griswold. 
Grout. 
Hall, 

Hallowell. 
Harries, 
Harter, 
Hayes, Iowa 
H.aynes, Ohio 
Henderson, N. C. 
Henderson, 111.' 
Herbert, 
Hermann, 
Hoar. 

Hooker. N. Y. 
Houk, Tenn. 
Johnstone, S. 0. 
Jolley, 
Jones, 
Ketcham, 
Kribbs, 
Lagan, 



Lester, Va. 

Lewis, 

Lind, 

Little, 

Livingston, 

Lockwood. 

Lodge, 

Loud, 

Magner, 

Mansur. 

McClellan. 

McDonald, 

McMillin, 

Meyer, 

Miller. 

Milliken. 

Mitchell, 

Morse, 

Moses, 

Norton. 

O'Donuell, 

ONeUl,Pa. 

Otis, 

Outhwalte, 

Owens. 

Page, Md. 

Pattou, 

Payne. 

Pearson, 

Pickler, 

Pierce, 

Price, 

Kandall, 

Ray, 

Ravuer, 

Reed, 

Rife. 

Robertson, La. 

Robinson, Pa. 



Rusk. 

Russell, 

Sauford, 

Scull, 

Seerley, 

Shonk, 

Smith, 

Snodgi-ass, 

Sperry, 

Springer, 

Stackhouse, 

Stahlnecker, 

Steveus. 

Storer, 

Stump, 

Tarsuev. 

Taylor, HI. 

Taylor, Tenn. 

Taylor, E.B. 

Taylor, J. D. 

Turner. 

Turpin, 

Wadsworth, 

Warner, 

Waugh. 

"VVever, 

Wheeler, Ala. 

Wheeler, Mich. 

Whiting. 

Wike, 

Williams. N.C. 

Wilson, Ky. 

Wilson, Wash. 

Winn. 

Wolverton, 

Wright. 



Mr. 

Mr. 



Mr. 
Mr. 
Mr. 
Mr. 
IMr. 
Mr. 



So the bill was passed. 

The following- pairs were announced: 

Until further notice: 

Mr. Spiunger with Mr. Reed. 

Mr. Mitchell with :Mr. Kobinson of Pennsylvania. 

Mr. Page of Mainland with Mr. Ray. 

Mr. Breckinridge of Arkansas with Mr. Cogswell. 

Mr. Turner with Mr. B.vrtine. 

Mr. Lagan with Mr. Caldwell. 

Mr. Harter with Mr. Bowers. 

Mr. Campbell with Mr. Wilson of Kentucky. 

Winn with Mr. Morse. 

Livingston with Mr. Dingley. 

Magner with Mr. Payne. 
!^Ir. Wolverton with Mr. Broderick. 
Mr. STE^^ENS with Mr. Randall. 

Stump with Mr. Taylor of Illinois. 

Cox of New York with IMr. Griswold. 

Covert with Mr. Cheatham. 

Whiting with Mr. Burrows. 

Alderson with Mr. Dolliver. 

Bacon with Mr. Henderson of Illinois. 
ISIr. Moses with Mr. Clark of Wyoming. 
Mr. Sperry with Mr. Sanford. 
Mr. Williams of North Carolina with Mr. Shonk. 
Mr. Capehart with Mr. Russell. 
Mr. Warner with Mr. Ezra B. Taylor. 
Mr. Pierce with Mr. Lind. 
Mr. Mansur with Mr. Taylor of Tennessee. 
Mr. Norton with Mr. Ketchaji. 
Mr. Haynes of Ohio with Mr. ScuLL. 
Mr. Bryan with Mr. O'Donnell. 
Mr. TuJRPiN with Mr. HooKER of New York. 
Mr. Pearson with ISIr. Joseph D. Taylor. 
Mr. Stahlnecker with Mr. Wadsworth. 
Ml-. Bunn with Mr. Atkinson. 

Mr. Owens with Mr. Enochs, until April 12, inclusive. 
Mr. C.^.uSEYwith Mr. O'Neill of Pennsylvania, until April 13. 
Mr. Snodgrass with Mr. Houk of Tennessee, until April 21. 
Mr. Ho.vR with Mr. Brosius, for one week. 
Mr. Geissenhainer with Mr. Wright, until Tuesday next. 
Mr. Kribbs with Mr. Huff, until Thursday next. 
Mr. Jones with Mr. Hermann, for one week. 
For this day: 

Mr. Brunner with jSIr. Loud. 
Mr. Caminetti with Iilr. Pickler. 
]\Ir. Forney with Mr. Lodge. 
Mr. Cadmus with Mr. Wever. 
Mr. Enloe with Mr. S^^TH of Illinois. 
Mr. Seerley with Mr. Flick. 
Mr. Bynum with Mr. Jolley. 
Mr. DocKERY with Mr. Henderson of Iowa. 
On this vote: 

Mr. Culberson and Mr. Dalzell. 
Mr. Abbott with Mr. Grout. 



Mr. Wheeler of Alabama with Mr. Milliken. 

Mr. DuNPHY' with Mr. Elliott. 

Mr. Brown with Mr. Waugh. 

Mr. Henderson of North Carolina with Mr. Rife. 

Mr. Andrew with Mr. Boutelle. 

Mr. DOCKERY. Mr. Speaker, mav I ask if the gentleman 
from Iowa [Mr. HENDERSON] has voted? 

The SPEAKER pro tempore. . The Chair is informed that the 
gentleman's name is recorded. 

Mr. DOCKERY. I have a pair with the gentleman from Iowa, 
and have just como into the Hall. I do not know what the prop- 
osition is, but vote in the affirmative. 

The result of the vote was then announced as above recorded. 

On motion of Mr. HEARD, the motion to reconsider the last 
vote was laid on the table. 

buildings in ALLEYS IN THE DISTRICT OF COLUMBIA. 

.Mr. HEMPHILL. Mr. Speaker, I send to the desk a joint 
resolution which I ask unanimous consent to have considered at 
this time. I will state that it is not reported from the com- 
mittee, but I will bo glad to inform the House as to the necessity 
for its i)assage as soon as it has been read. 

The SPEAKER jjro te?)y»re. The clerk will read the joint 
resolution. 

The Clerk read as follows: 
Joint resolution (H. Res. 118) to suspend the issue of permits to erect dwell- 
ing houses in the District of Columbia. 

Jiefiolved by tlit Senote and Hounf of Bejiresentaiines. etc.. That the Commls- 
.sioners of the District of Columbia' are hereby Instructed not to issue any 
more permits for bnildings intended tor human occupation In alleys in the 
District of Columbia, until further proWdeil for by Congress. 

The SPEAKER pro tempore. Is there objection to the present 
consideration of the resolution"? • 

There was no objection. 

Mr. HEMPHILL. I will state. Mr. Speaker, that we passed a 
law providing that no more dwellings should be constructed in 
alleys of less than 40 feet width. The Senate committee, I am 
told, have proposed to amend this liy making it 30 feet. While 
the bill is pending in the two Houses everybody in the District 
of Columbia who happens to own property of this character Ls 
running down to the Commissioner's office' to get permits so that 
they can have the right to commence the construction of these 
buildings before the law goes into effect. 

The joint resolution directs the Commissioners not to issue 
any more such permits until Congress shall pass finally upon the 
matter. 

Mr. BLOUNT. I would like to ask the gentleman from South 
Carolina a question. I wish to know where the permits are ob- 
tained: what com])ensation is given for the streets or portions of 
streets that are occupied by these allej-s? 

Mr. HEMPHILL. I do not think they occupy any part of the 
alleys. 

Mr. HEARD. This is for the construction of buildings on 
alley lines — on the sides of the alley. 

Mr. BLOUNT. Well, if they are on either side of the alley to 
whom do they belong? 

Mr. HEMPHILL. This is private property. It belongs to the 
individuals. 

Tilr . HEARD. This is to prevent their building houses in there 
until the street is opened through and they have light and gas, 
and to prevent their building where the alley is not 40 feet wide. 
It makes a den of vice now that is too difficult to police, and it is 
impossible to cause the observance of proper sanitary regula- 
tions. 

Mr. BUCHANAN of New Jersey. I would like to ask the 
gentleman whether it is not a f aet that immediately upon the pas- 
sage of that bill through the House the Conimissioners, without 
waiting- for any law, refused to give any more permits? 

Mr. HEMPHILL. I do not know hoV that is. 

Mr. BUCHANAN of New Jersey. I am reliably informed that 
that is the case. 

Mr. HEMPHILL. This will protect the Commissioners. They 
are being besieged by persons who wish to get in before Congress 
can act on the matter. This is simply to stop action until Con- 
gress shall decide what width of alleys they will allow. 

The joint resolution was ordered to be engrossed and read a 
third time; and, being engrossed, was accordingly read the third 
time, and passed. 

On motion of Mr. HEMPHILL, a motion to reconsider the last 
vote was laid on the table. 

SQU.ARE 206, WASHINGTON, D. C. 

Mr. HEMPHILL. I ask to call up the bill (H. R. 7081), confirm- 
ing title to lands in the subdivision of square 206, in the city of 
Washington, D. C. 

The bill was read, as follows: 

Be it enacted, etc., That the subdivision of square 208, in the city of Wash- 
ington, D. C, made by C. P. Patterson and recorded in book K W, page 103, 



3176 



CONGRESSIONAL RECORD— HOUSE. 



April 11, 



in tlie olBce of the surveyor of the said District, be, anci the same Is hereby, 
pontirmocl so far as the salrt subdivision embraced any part of the orisjinal 
alloys ill said .square, and the title of the persons claiiuiii^ any part or parts 
of said original alleys under the owner of the original lots in said square at 
the time said subdivision was made is hereby confirmed: Provided, That the 
area dedicated to the ijublic in the subdivision made by said Patterson is at 
least as great as that of the alleys in the said original division of said square 
into lots. 

Mr. HEMPHILL. I would say that this simjily provides for 
the confii'mation of this subdivision, whicli was made in 185G, 
and upon vvliicli houses have already been constructed. There 
is no objection to it on the part of anyone, so far as I know. 

The bill was ordered to be engrossed and read a third time; 
and being engrossed, it was accordingly read the third time, and 
passed. 

,pn motion of Mr. HEMPHILL, a motion to reconsider the last 
I was laid on the table. 




iTOSgiCTOR OF PLUMBING, DISTRICT OP COLUMBIA. 

Mr. HEMPHILL. Mr. Speaker, I ask to call up the bill (S. 
1492) to authorize the appointment of an inspector of plumbing 
in the District of Columbia, and for other purposes. 

The bill was read as follows: 

Jie it enacted, etc:, That the Commissioners of the District of Columbia and 
their successors be, and they hereby are, authorized and empowered to make, 
modify, and enforce regulations governing plumbiug, house drainage, and 
the ventilation, preservation, and maiiiteiianoe in good order of house sewers 
and puljlic sewers in the District of Columbia, and also regulations govern- 
ing the examination, registration, and licensing of plunit)ers and the prac- 
tice of the business of plumbing in said District; and any person who shall 
neglect or refuse to comply with the requirements of the pro\'lsions of said 
regulations after ten days' notice of the specific thing required to be done 
thereunder, within the time limited by the Commissioners for doing such 
work, or as the said time may be extended by said Commissioners, shall upon 
conviction thereof be punishable by a fine of not more than $300 for each and 
every sucli <4£fense, or in default of payment of line, to imprisonment not to 
exceed thirty days. 

Sec. 3. That the said Commissioners and their successors be. and they 
hereby are. authorized and empowered to require every person licensed to 
practice the business of plumbing in the District of Columbia, before engag- 
ing in the said business, to tile a bond in such amount and with such number 
of sm'eties as the said Commissioners shall determine, conditioned upon the 
faithful performance of all work in compliance with the plumbing regula- 
tions, and that tlie District of Coliiinl:)ia shall be kept harmless from the con- 
sequence of any and all acts of the said licensee during the period covered 
by the said bond. 

Sec. 3. That the said Commissioners and their successors be, and they 
hereby are, autliorized to estal:)lish and charge a fee for each permit granted 
to connect any building, premises, or establishment with any sewer, water, 
or gas main, or other undergi'ound structure located in any public street, 
avenue, alley, road, highway, orspace; and also to establish and charge a fee 
for each permit granted to make an excavation in any public street, avenue, 
alley, highway, road, or space for the purpose of repairing, altering, or ex- 
tending any house sewer, water main, or gas main, or other imdergromid 
construction. The fees authorized by this section shall be paid to the col- 
lector of taxes of the District of Columbia and by him deposited in the Treas- 
XU'y of the United States, to the credit of the Dlstriet of Columbia. 

Sec. 4. That the said Commissioners of the District of Columbia and tlieir 
successors be. and they hereby are, authorized and empowered to appoint an 
inspector of pltinibiug and such number of assistants as they deem necessary, 
which may be authorized by ai>propriations made by Congress, not exceed- 
ing four, in and for the District, wliose duty it shall be, under ihe direction 
of said Commissioners, and tiny are hereby empowered accordingly, to in- 
spect or cause to be inspected all hoilscs when in course of erection in said 
District, to see that the pluniljiiig, drainage, and ventilation of sewers thereof 
conform to the regulations hereinbefore pro\aded for; and also at any time, 
during reasonable hours, under like direction, to inspect or cause to be in- 
spected any house in said District, to examine the plumbing, drainage, and 
ventilation of sewers thereof, and generally to see that the regulations here- 
inbefore provided for are duly observed and enforced. 

Seo. 5. That all laws or parts of laws inconsistent herewith be, and they 
hereby are, repealed. 

Mr. HEMPHILL. I move to amend section 4, line 12, after 
the word " direction," by inserting " on the application of the 
owner or occupant, or the complaint of any reputable citizen." 

The SPEAKER pro ton^ore. The gentleman must reduce his 
amendment to writing. 

Mr. HEMPHILL. I will do so. In the mean time I offer the 
following amendment: 

The Clerk read as follows: 

strike out all of section 4 down to and including " duty," in line 6, and In- 
sert: 
"That the inspector of plumbing and his assistant shall be." 

The SPEAKERjpj'O tempore. The question is upon this amend- 
ment. 

Mr. BUCHANAN of New Jersey. We do not know what is 
stricken out, and wo would like to have some explanation of it. 

I will state, Mr. SpL-aker, that the bill provided that the Com- 
missionei's of the District of Columbia and their successors are 
hereby authorized and empowered to appoint an inspector of 
plumbing and such number of assistants as Congi'ess may from 
time to time'appoint. I understand from the Commissioners that 
they already have an inspector of plumbing and two assistant in- 
spectors. This bill simply provided for the appointment of one 
more. They can get along without this additional inspector, and 
this will simply comply with the point made by the gentleman 
from Indittna [ilv. HolmAn] the other day, who objected to the 
appointment of any more ofticers. This will strike out that 
power, and simply provides that the inspector of plumbing and 
his assistants shall do what these new officers would have done. 



Mr. HOLMAN. I ask that the amendment be reported again. 

The amendment was again reported. 

Mr. HEMPHILL. The first part of section 4 provided that 
the Commissioners of the District were authorized and empow- 
ered to appoint an inspector of plumbing. 

Mr. HOLMAN. I suggest this amendment, to strike out the 
section down to line 6, including the words " in and for," and in- 
serting simply this: 

That the said inspector of plumbing shall be under the direction of said 
Commissioners. 

Mr. HEMPHILL. That is exactly what my amendment is. 
It says that the inspectors and assistants shall be under the di- 
lection of said Commissioners. I will ask the Clerk to again re- 
port the amendment. 

The amendment was again reported. 

Mr. HOLMAN. I have no objection to that. 

The amendment was agreed to. 

The SPEAKER pro tempore. The Clerk will now report the 
second amendment offered by the gentleman from South Caro- 
lina. 

The Clerk read as follows: 

Inline 13, after the word "direction," insert the words, "on the applica- 
tion of the owner or occupant, or on ihecomplaintof any reputable citizen."* 

The amendment was agreed to. 

Mr. HOLMAN. Now, Mr. Speaker, these salaries, of course, 
are permanent, and paid out of the general funds in the Treasury. 
The provision of section 3 is as follows: 

The fees authorized by this section shall be paid to the collector of taxes 
of the District of Columbia and by him deposited in the Treasury of the 
United States to the credit of the District of Columbia. 

Now, in this really private business of plumbing, the matter 
concei'ns the citizens of the District more than it does the general 
public and the United States; and it seems to me that under no 
circumstances should the compensation of those plumbers be paid 
out of the public Treasury. That work ought to be paid entirely 
out of the fimds paid into the Treasury to the credit of the Dis- 
trict of Columbia. As it stands now the Govermnent pays one- 
half of the amount and the District one-half, and the District of 
Columbia gets the benefit of all the fees. 

Mr. PIEMPHILL. Oh, no, the Government only pays its 
half. 

Mr. HOLMAN. That provision is not in this bill. 

Mr. HEMPHILL. It is not in any bill of this kind. This bill 
does not fix any salary; does not provide compensation for any- 
body: and it does not provide for the appointment of anybody. 
There are already in the District of Columbia one plumber and 
two assistants, who are provided for in the District api)ropria- 
tion bill, of which the committee of the gentleman from Indiana 
is chairman has charge, and whatever regulation that committee 
makes will govern. 

Mr. HOLMAN. Conceding that, we will let the present ar- 
rangement stand, under which one-half of the expenses of the 
District of Columbia are charged to the Government, and the 
other half to the revenue of the District, still the effect of this 
bill, as my friend must see, is this: Assuming now that the ap- 
propriation bill provides for these three officers, an inspector 
and two assistants, and the appropriation is made for it, one- 
half of it has to come out of the District fund and the other half 
to come out of the Government Treasury. Now, it is a fact, if 
this system he introduced, and that the expense shall be refunded 
by fees, these fees certainly should not go entirely into the funds 
of the District of Columbia, but ought to go equally to the credit 
of the funds of the District of Columbia and to the Treasury of 
the United States. 

Mr. HEMPHILL. Why, Mr. Speaker, the bill does not pro- 
vide for any such system as the gentleman suggests. It simply 
says that there are now certain fees charged in the District, and 
they are appropriated exactly as this bill provides. This bill 
fixes where these fees are to go with the matters covered by this 
bill: thovare to go as the fees now go. 

Mr. HOLMAN. Why should the District of Columbia get the 
whole benefit of the fees? 

Mr. HEMPHILL. That is a matter that can be regulated by 
the Committee on Appropriations when they come to fix the 
salaries. 

Mr. HOLMAN. Oh, no; because this money is placed to the 
credit of the District of Columbia. 

Mr. HEMPHILL. It goes to the credit of the District of Co- 
lumbia. There is no money appropriated from the District of 
Columbia that goes to any place except the Districtof Columbia. 

Mr. HOLMAN. But all the fees go the credit of the District 
of Columbia in this case. 

Mr. HEMPHILL. Of course they do. 

Mr. HOLMAN. Why not have a provision inserted that the 
District of Columbia shall have one-half of the fees placed to its 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



3J77 



credit, and that the other half shall goto the credit of the United 
States'*' 

Mr. HEMPHILL. Why, the whole of the fees only amount to 
five, si.x, or seven thousand dollars. 

Mr. HOLMAN. It does not matter how much the fees are, the 
principle is the same. I prefer to look after the interests of all 
the people rather than those of a favored community of people. 
Now, the gentleman must see that the etTect of this provision is 
that the Government pays one-half of the fees for these inspec- 
tions 

Mr. HEMPHILL. I trust that the gentleman will kill the bill 
and be done with it. 

Mr. HOLMAN. Mr. Speaker, I feel very indignant every 
time that this kind of bill comes up, under which my constituents 
have to bear a large portion of the expenses of this Disti'ict; and 
I am not willing that they shall have' deducted from the i-esults 
of their labor such amounts as are provided for in the matters of 
these salaries. 

Mr. HEMPHILL. What provision does the gentleman pro- 
pose? 

Mr. HOLMAN. Why, that one-half of the amount of the fee 
shall go to the credit of the District of Columbia and the other 
half to the Treasury. 

Mr. HEMPHILL. Very well offer your amendment, and I 
will agree to that. Let every bit of it go to the Treasury, if you 
prefer. 

Mr. HOLMAN. Very well; I will take that. 

Mr. HEMPHILL. It does not tax the Treasury a single cent. 

Mr. HOLMAN. I move to amend by inserting " that one-half 
of the fees shall go to the credit of the Treasury of the United 
States and the other half to the credit of the District of Colum- 
bia." 

The SPEAKER pro tempore. Where does the gentleman de- 
sii-e his amendment to come in? 

Mr. HOLMAN. I want to insert that amendment in lieu of 
the words '"and by him deposited in the Treasury of the United 
States to the credit of the District of Columbia." 

The SPEAKER pro tempore. The Chair will state that the 
bill at the Clerk's desk is in manuscript; therefore the gentle- 
man must write his amendment and send it up to the desk to be 
reported. 

The amendment was read, as follows: 

In llnelS, aft«r "United States,"lnserfone-lialf to thecreaitof the United 
States and one-half to the credit of the District of Coliiinbia.'' 

Mr. HOLMAN. Now, Mr. Speaker, before that is voted 
upon- — - 

Mr. HEMPHILL. I am perfectly willing to agree to that; so 
it is not worth while to argue it. 

Mr. HOLMAN. I am not going to argue it, but I wish to say 
to my friend having charge of the business of the Committee of 
the District of Columbia that the list of health officers, inspect- 
ors, and persons employed in connection with matters relating 
to the public health occupies a whole page. 

I have before me a letter written by a very intelligent gentle- 
man, a leading citizen of this city, protesting against this propo- 
sition as unnecessary, claiming that something ought to be left 
to the good sense and discretion of the citizens themselves, say- 
ing that this Government ought not to be made unnecessarily 
paternal, and that all these matters pertaining to our homes and 
firesides should not be subjected to Government supervision. I 
will not ask to have the 'etter read, but that is the substance of 
it. I have here also the list to which I have referred, of the offi- 
cers and employes now engaged 'n connection with health mat- 
ters in this city. 

Mr. WASHINGTON. I will ask the gentleman from South 
Carolina whether i,\e fees will not more than pay the salaries 
provided for in this bill? 

Mr. HEMPHILL. Yes, sir 

Mr. BLOUNT. But the money will not go that way. 

Mr. WASHINGTON. It goes into the Treasury. 

Mr. BUCHANAN of New Jersey. Who pays the fees' 

Mr. WASHINGTON. The people who own the property, and 
they ought to pay them. It is an outrage that the children of 
people who come here to serve the Government should be sulj- 
jected to the danger of being poisoned by sewer gas because of 
defective plumbing in many of the old buildings that exist here. 
There should be an officer of the kind proposed here to inspect 
the plumbing in these old buildings, and also in new buildings, 
80 as to prevent the destruction of innocent life which comes 
from such causes. 

Mr. BUCHANAN of New Jersey. There is an officer to do 
that now, is there not? 

Mr. WASHINGTON. I am informed that there is not, and 
that this bill is necessary in order to make the existing system 
thoroughly effective. 

Mr. BUCHANAN of New Jersey. I will ask the gentleman 



from Indiana [Mr. Holman] to state the number of persons that 
ai-e now engaged in this line of business. 

Mr. HOLMAN. In this particular branch of making inspec- 
tions, etc., in connection with health, the number of officers and 
employes covers this entire page of paper which I hold in my 
hand. 

Mr. BLOUNT. Mr. Speaker, I wish to say a word or two in 
support of the position of the gentleman from Indiana [Mr. Hol- 
man]. It is well for us to bear in mind that the financial system 
of this District is based on the idea that one-half the revenues 
of the District are to be raised by taxation on the people and 
that the rest of the country, or the general Treasury, is to pay 
the other half. 

Now, we have already created here a corps of officers and em- 
ployes, just referred to by the gentleman from Indiana, who are 
paid for out of the genei'al Treasury, and yet the moment we are 
confronted with the question of the disposition of these foes, gen- 
tlemen insist that the rule shall not obtain. There is nothing 
narrow in the suggestion of the gentleman from Indiana. The 
idea that we shall be compelled to pay one-half of the expendi- 
ture of this District, enormous as it is, upon the theory that wo 
own one-half the property, although that one-half, when you 
come to investigate, consists largely in the streets of the city, is 
so absurd as to be repugnant to the common sense of any gentle- 
man to whose attention it is brought. 

But that is the existing rule; yet, when the gentleman from 
Indiana [Mr. HoIjMAN] simply asks that that rule shall be ad- 
her,ed to in a matter of this kind it seems to excite in some minds 
impatience. For one I am prepared to vote to change the basis 
whenever I can get an opportunity to do so, but while it exists, 
bad as it is, I intend, so far as my voice and my vote will go, to 
insist that it shall bs enforced and that the abuse shall not be 
enlarged. 

Mr. HOLMAN. Mr. Speaker, before the vote is taken on the 
amendment I ask permission to put into the Record this list of 
pertons already employed in this District in connection with 
health matters, with the salaries paid to them. They number 38 
and over. 

There was no objection. 

The list is as follows: 

HEALTH DEPARTMENT. 

C. M. Hammett, health oftlcer per annum.. $3,000 

S. J. Bayly, jr., chief clerk do 1,800 

B. P. Peters, clerk do 1,400 

B. J. Accinelly. clerk do 1,200 

W. B. Moore, clerk do 1,200 

M. F.Mill.s. clerk do 1,200 

T. W. Parsons, sanitary inspecter do 1,200 

T. M. ShepharU, sanitary inspector do 1,200 

A. J. Heird, sanitary Inspector do 1,200 

W. D.Hughes, sanitary inspector do 1,200 

C. H. Welch, sanitary inspector do 1,200 

J. R. Mothershead, food inspector do 1,300 

W. C. Chase, food inspector do 1,200 

Edw. Fitzgerald, food inspector do 1,200 

G. Harris, inspector of marine products do 1,200 

Sam Einstein, poimd master do 1,200 

Orlando King, messenger do 540 

Isaac Pinckney, ambulance driver do 480 

Shirley Williams, laborer _ per month.. 40 

John Wells, laborer do 40 

Joseph Burrell. laborer do 40 

Cornelius Parker, laborer.. do 40 

HEALTH DEP.\KTMENT SCARLET FEVER AND DIPHTHERIA SERVICE. 

C. J. Csmun. medical sanitary inspector per armum.. $l,.50O 

G. T. Richardson, driver and assistant do 500 

Fifteen other doctors appointed by health officer for the aid of tiie 
poor, each per month.. 40 

INSPECTOR OF BUILDINGS. 

T. B. Entwisle per annum.. 2,400 

B. C. King, assistant do 1,200 

R. M. Evan.s, assistant.. do 1,000 

E. P. Vermillion, assistant do 1,000 

J. B. Brady, clerk do 1,600 

J. T. S. Holtzman, clerk do 900 

Sam Green, messenger do 480 

C. H. Marshall, janitor..'. do 700 

N. W. WiUierson, engineer do 900 

INSPECTOR PLUMBING. 

Sam. A. Robinson per annum.. 2,000 

J. F. Murphy, assistant do 1,000 

M. J. Fennell, assistant do 1,000 

The SPEAKER pro tempore. The question is on the amend- 
ment of the gentleman from Indiana. 

The amendment was agreed to. 

The SPEAKER piro tempore. The question is on the third 
reading of the Senate bill. 

Mr. BUCHANAN of New Jersey. Mr. Speaker, I have sent 
for a copy of the Senate bill, but can not procure it. The bill 
was read here from the Senate manuscript. I would like to ask 
the gentleman in charge of it whether the bill does not provide 
that before any man can establish himself here as a plumber he 
must give bonds to the District. 

Mr. HEMPHILL. Yes; he must file a bond in a certain 
amount. 



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CONGRESSIONAL EECOED— HOUSE. 



Apeil 11, 



Mr. BUCHANAN of New Jersey. What amount. 
Mr. HEMPHILL (reading): 

lu such amount and witli such number of sui'cties as the said Comrals- 
siouei'.s shall iletermlne. 

Mr. BUCHANAN of New Jersey. Now, I-ask the gentleman 
whether he thinks that is legislation in the right lineV I would 
legislate to place these plumbers under severe inspection, to.sul> 
■ject them to as severe rules and restrictions as may be justifiable; 
but I do not believe in compelling- a young man,,3vhen he com 
inenoes business, to take out a bond that ho will 
negs in a partieiilar way. I think it would operate as a discrtm 
ination against young men desiring to start business, who might 
not be able to procure the required bond, and who might thus be 
excluded from business as plumbers. Make your restrictions as 
severe as you please, butdo notcompel young men beginning busi- 
ness to give bond. 

Mr. HEMPHILL. Coming as I do from a country town, I am 
not very well informed from personal experience as to these mat- 
ters; but I have had occasion to look into this question with some 
interest, and I find that there is a rule of this kind in a great 
many other cities. 

Mr. BUCHANAN of New Jersey. So, too, a great many mur- 
ders have been committed this year; still, murder is a poor busi- 
ness. 

Mr. HEMPHILL. Murder is a violation of law; but here we 
are trying to make people conform to the law. There is this to 
be said: if in the future we should find that the Commissioners 
have exercised this power with any degree of harshness it would 
be very easy for Congi-ess to correct the evil. It appears that at 
present the plumbing and sanitary regulations here amount prac- 
tically to nothing. This bill, as I understand, is not opposed by 
any person who is interested as a taxpayer or who follows the 
business of plumbing. None of the reputable plumbers of this 
city, so far as I know, object to this measure; in fact, nobody, as 
I understand, makes any objection. 

Mr. BUCHANAN of" New Jersey. Of com-se the plumbers 
now in business would not object. ^JSlilt.^ 

Mr. HEMPHILL. There may be a great many pOTpie~^**c^ 
desiring to follow this business who could not give bonds; ariu 
the reason is that they are not suitable jiersons to carry on the 
business — they are not experts. We are not proposing to adopt 
a harsher rule than that which already prevails in many other 
cities of the Union. 

Mr. HOLMAN. I wish to suggest to the gentleman from South 
Carolina an amendment to an amendment already adopted on 
motion of the committee. Between lines 11 and 12 there have 
been inserted the words "or on comi^laint of any reputable citi- 
zen." I move to amend by inserting after the word ''complaint" 
the woi-ds '■ under oath." I think a citizen's home should not be 
invaded upon complaint of an outsider, unless that complaint be 
made under oath. 

Mr. HEMPHILL. I cheerfully assent to the amendment. 

The SPEAKER. If there be no objection, the words sug- 
gested by the gentleman from Indiana [Mr. Holman] will bs in- 
serted. The Chair hears no objection. 

Mr. BUCHANAN of New Jersey. I move to amend by strik- 
ing out the second section of the bill. This section provides — 

That the said Commissioners and their successors be, and they hereby are. 
authorized and empoivered to require every person licensed to practice the 
business of plumbing in the District of Columbia, before engaging in said 
business, to llle a bond in such amount and with stich number of sureties as 
the said Commissioners shall determine, conditioned upon the faithful per- 
formance of all work in compliance with the plumbing regitlations, and that 
the Uistrict of Columbia shall be kept harmless from the consequence of any 
and all acts of the said licensee diu'ing the period covered by the said bond." 

This covers all acts, whether of omission or commission. The 
section requires a bond resting upon such contingencies that 
very few men would be willing to sign it. I reiterate the point 
I have already made that we ought not to compel a young man 
beginning business for himself to give a bond like this. Make 
the restrictions as severe as you choose: and if a plumber does 
not properly j^erform his duties, deprive him of his license; but 
to provide that a young man beginning business of this .sort, 
without capital and trying to work his way up, shall be required 
at the start to give a stringent bond of this sort, must operate as 
a discouragement upon industry and enterprise — a discourage- 
ment to which young men ought not to be subjected. 

Jvlr. HEMPHILL. In Chicago the law requires in these cases 
a bond of $3,000. 

Mr. BUCHANAN of New .Tersey. Well, I do not think any 
the better of Chicago for that. 

Mr. HEMPHILL. I suggest that we limit the amount of the 
bond in this case to a sum not exceeding $2,000. Any young man 
of good character could easily give such a bond. 

Mr. BUCHANAN of New Jersey. Does the gentleman move 
that as an amendment. 

Mr. HEMPHILL. I move to amend the section by inserting 



after the word "amount," in line 5, the words "not exceeding 
$2,000," so as to read, "a bond in such amount not exceeding 
$2, 000, and with such number of sureties," etc. 

The SPEAKER. If there be no objection, the amendment sug- 
gested by the gentleman from South Carolina will bs agreed to. 

There was no objection. 

Mr. BUCHANAN of New Jersey. Now, I move to strike out 
the section as amended: 

The motion of Mr. Buchanan of New Jersey was rejected. 

The bill as amended was ordered to a third reading, read the 
third time, and passed. 

On motion of Mr HEMPHlIiLa motion to reconsider the last 
vote was laid on the table. 

DEPOSITS IN BUILDING AND OTHER A.SSOCIATIONS, DISTRICT 
OF COLUMBIA. 

Mr. HEMPHILL. I now call up for consideration the bill 
(H. R. 6794) regulating deposits in building and other associa- 
tions in the District of Columbia. 

The bill was read, as follows: 

Jle it enacted, etc.. That whenever any deposit shall be made in any build- 
ing and loan association, savings bank, or other institution authorized by 
law to receive deposits, by or in the name of any person being a minor, or a 
female being or thereafter becoming a marriei woman, the same shall be 
held for the oxclusivs tight and benetit of such depositor, and free from the 
control or lieu of all persons whatsoever, except creditors, and shall be paid, 
together with the dividends or interest thereon, to the iierson in whose name 
the deposit shall have been mtide: and the receipt or acquittance of such 
minor or female shall be a valid and sufficient release and discharge for such 
deposit, or any part thereof, to the corporation. 

INIr. HEMPHILL. This is a bill that simply provides where a 
person accumulates money and puts it in a savings bank, a build- 
ing or loan association, or other like institution authorized to 
receive money on deposit, that their receipt shall be sufficient 
for it, even though the party be under age. 

The bill was ordered to be engi'ossed and read a third time; 
and being engrossed, it was accordingly read the third time, and 
passed. 

On motion of Mr. HEMPHILL, the motion to reconsider the 
last vote was laid on the table. 

WASHINGTON AND GEORGETOWN RAILROAD COMPANY, 

Mr. HEMPHILL. I now call up for consideration the bill (S. 
2015) to amend the act incorporating the Washington and 
Georgetown Railroad Company. 

The bill was read, as follows: 

Jie it enacted, etc.. That the Washington and Georgetown Railroad Company 
is hereby authorized and reqim-ed to change its tracks as follows : Commencing 
at M anil High streets, in the city of Georgetown; thence west along M street 
toilie.Vqueduct bridge: /'rocfrffrf. That the terminal points hereby authorized 
shall be located, under the direction of the Commissioners of the District of 
Columbia, so as not to interfere with access to the said Aqueduct bridge. 

.Sec:. 2. That the changes hereby authorized and required shall be made, 
and cars shall be oper,ated on the extension of the Une, by December 1, 1893; 
and during the laying of said tracks, the amount of street to be opened at any 
one time, and the closing of any cross streets, shall be subject to the orders 
of the Ctimmissioners of the District of Columbia. Any damages to. or changes 
in. tuiy undergroimd conduits, made necessary by reason of the construction 
of t he r(»ad. shall be made at the expense of the Washington and GeorgetO'Wn 
KaiU-Litui Company. 

Mr. HEMPHILL. This bill was introduced into the Senate, 
and passed that body. It is a bill authorizing and requiring 
the Washington and Georgetown Railroad Company to extend 
its road from M and High streets to what is known as the Dif- 
trict end of the Aqueduct bridge. M street, at Thirty-seccond. 
is the present terminus in Georgetown of the road, and if thj 
road is to be extended at all to the bridge the bill ought to b • 
jDassed now while the cable is l>eing put down on the present line 
of I'oad, in order that the whole system may be completed at the 
same time. The Senate, as I have said, have passed the bill, and 
it has met with vei-y favorable consideration in this House, be- 
cause at an early date the Grand Army of the Republic will meet 
hei-e and there will be, of course, a large number of people pres- 
ent, many of whom will desire to visit the cemetery at Arling- 
ton. There is now a road constructed from the other end of tbi' 
Aqueduct iSridge, on the Virginia shore, to Arlington Cemetery, 
but there is no road, either from the city of Washington or George- 
town, to the bridge. The nearest approach to it is the terminus 
of this Washington and Georgetown line at M street. 

If the House chooses to pass this bill it will enable the persons 
who are here at the meeting of the Grand Army, or, in fact, at 
any other time, to reach that bridge and for one fare, and after 
crossing the bridge, to take the street-car line on the other side 
and visit Arlington Cemetery at a cost not exceeding 10 cents: 
whereas now it requires the hiring of a hack to reach the 
bridge at all. The bill fixes the time within which this work 
shall be completed as December 1,1892. The railroad authori- 
ties have not asked for the bill, and they are willing that it shall 
be passed or not be passed; but they desire il it is to be passed 
at all that action be taken promptly, so as to enable them to go 
on with the work. 

The House can pass the bill or not just as they see fit, and they 



1892. 



CONGEESSIONAL RECORD— HOUSE. 



3179 



can limit the time to any reasonable period for the completion'of 
the work. The railroad authorities inform me that if it be passed 
they can have the road in running order by the time the Grand 
Army meets here. But it will be hardly fair to limit them to 
that time, because some unforeseen accident might happen which 
would necessitate some further delay and make it beyond their 
power to complj' with the law. They can not do all these things 
themselves; they are compelled to have all the ribs and ties and 
cables and matters of that kind manvifactured, and are conse- 
quently dependent upon the manufacturing establishments for 
them. 

l\Ir. BUCHANAN of New Jersey. I would like, if the gentle- 
man would i)crmit me, to read a short item from the Washington 
Post of this morning., 

Mr. HEMPHILL. Certainly. 

Mr. BUCHANAN of New Jersey. It is as follows: 

KAPID TRANSrr TO ARLINGTON. 

Since the passage of the bill authorizing the Washington and Georgetown 
Eallroail Company to extend its tracks on M stivet from their present t^'V- 
minns at the stables to the District end of the Auufduct bridge there is a 
prospect of easier access to Arlington during the coming encampment. The 
Washington and Arlington Electric Road promises to have the Virginia sec- 
tion of its line completed by the same time, so that there will be no break 
in the line of track, except the length of the Aquedtict Bridge, and for the 
convenience of those who wisli It, even this interval will probably be satLs- 
factorily si«iimed. 

I think that tells the whole story. 

Mr. HBiMPHILL. Well, Mr. Speaker, I ought to state that, 
of course there is no authoritj' here for the railroad company to 
go over the Aqueduct bridge. A railroad was chartered on the 
other side which proposed to go across on that bridge, and the 
House of Representatives refused to grant the authority. So far 
as I am concerned I should oppose any railroad coming across the 
bridge; and so far as this bill is concerned it is entirely imma- 
terial to me whether it is rejected or passed. I do not care a 
snap of the finger one way or the other. 

Mr. BUSHNELL. Let me ask the gentleman why he opposes 
the granting of a charter to allow a railroad company to cross 
that bridge? 

Mr. HEMPHILL. Well, because it is a bridge that you can 
not well cross with vehicles as well as with cars. It is a public 
bridge and was built for the benefit of the public, and not with 
the expectation of Ijeing used for the benefit of any corporation, 
but for the general ijublic. The bridge itself is too narrow for 
vehicles and cars to cross it. 

Mr. BUSHNELL. I would like to ask the gentleman this 
further question: I believe this road is to be completed by the 
railroad company up to the Aqueduct bridge by December 31? 

I\Ir. HEMPHILL. Yes, sir. 

Mr. BUSHNELL. Are there not some other railroads that 
would build that road before that time and be sure to have it 
done in time? 

Mr. HEMPHILL. Well, I do not know about that. There 
was a road chartered to go from Arlington down to M street, 
but they used an overhead electric wire, they were authorized 
to pass over a part of the tracks of the Washington and George- 
. town road, but they said they could not use it at present and 
asked permission to change their route, cross the river at a dif- 
ferent point and come down into the citj- on their own track. 

Mr. BUSHNELL. Well, are there not several other street 
railway companies besides the one mentioned in this bill? 

Mr. HEMPHILL. There are none of them that go in that di- 
rection, that I know of. 

Mr. BUSHNELL. And that might finish the line sooner? 

Mr. HEMPHILL. Oh, no; there are none of them can complete 
the road any sooner; and there is this about it, that if any other 
railroad goes there of course everybody must get out at this M 
street station and change cars, while if this one line goes straight 
through there will be no change of cars except at the bridge. 

Mr. HEARD. I only want to say that this proposition is sim- 
ply to autliorize and require the Washington and Georgetown 
road to extend its line up to the neighborhood of the Aqueduct 
bridge, instead of leaving a gap of about four or five blocks. 
Last year there was a proposition of another railroad company 
to begin at the terminus of this road and build up to the bridge 
and across. As the chairman of the committee []\Ir. Hemphill] 
says. Congress refused that for two reasons. The committee, as 
well as the two Houses of Congress, were opposed to granting 
to any railroad companj' the privilege of crossing the surface of 
the Aqueduct bridge. 

It is not a wide enough or strong enough bridge to justify its 
use for such purposes, and besides it was built for the benefit of 
the public, outside of the railroad companies, and we have been 
trying to make them build their own bridge. That was one rea- 
son Another reason is, that this is a stretch of only about four 
blocks, and when the railroad is thus extended it will be one road 
and one fare clear to the Aqueduct bridge, which is and always 
will be a fecal point in railroad street travel in this city. We 



believe there is every reason why the road should be extended 
there, and, as the chairman of our committee has Avell said, it is 
of vital importance to every patron of this road that the terinhial 
plant shall be put in at the beginning, bscauso otherwise, if it is 
put in at the present terminus and has to bo changed, the road 
will necessarily be idle while that change is baing made. 

I understand the company to say that while this bill gives 
them until December that they do not expect to require one 
hour beyond the 0th day of August. They ask this out of an 
abundance of caution, but at the same time they say they exi)ect 
to put their men at work immediately if we pass this now, and 
have it in operation together with the rest of the line before the 
Grand Army encampment in September. I think it is in the 
interest of the public that this bill should pass. 

Mr. BLOUNT. Mr. Speaker, during the last Congress a rail- 
road chartered in the State of Virginia sought authority of Con- 
gress to provide for an extension of its line across the Aqueduct 
bridge and on to the terminus of the present line of the railroad 
now under discussion. 

Mr. HEARD. The terminus of the Washington and George- 
town road? 

Mr. BLOUNT. The Washington and Georgetown Railroad. 
Objection was made to that bill on several grounds. The first 
was on the part of the Secretary of War, to the placing of any 
line of railway on that bridge, on the ground of its strength. 
The second objection was that that bridge was one mode of ac- 
cess to the people of the United States and to the people of this 
locality in resorting to Arlington; and the third objection was 
a proposition to pass a bill introduced liy Mr. Lee of Virginia, 
to incorporate the Washington and Arlington Railway Com- 
pany of the District of Columbia — 

lieginning at Seventh street and B street northwest; along B .street and 
A'irginia avenue north west to Twenty-sLxth street: along Twenty-sixth street 
to M street, along I\I street and Canal rt)ad to a point on the Potomac Kiver 
at or near the point knowni as '■ The Three Sisters." where the said coiii])any 
is hereby authori/.ed to construct and maintain a bridge across the Potomac 
River on such plans as the Secretary of War may approve: and from thence 
by, on, and over such lines as may be selected by the said company, witli the 
approval of the Secretary of War, to the northwest entr,anceaf the" Arlington 
Cemetery, and thence through the Arlington estate to the south or west line 
thereof. In the State of Virginia: Provided, That should .any part of the invk 
herein authorized coincide with portions of any other duly inci>ri)or:itcd 
street railway in the District of Columbia but one set of tracks sh;ill be used 
when, on account of tht widtli of the street, or for other sufflcient reason. It 
sh.all be deemed necessary by the CommlssionersoftheDlstrictof Columbia; 
and the relative conditions of use and of chartered rights m;iy be adjusted 
upon terms to be mutually a,greed tiix)u between the companies, or, iti the 
c:ise of dis.agi'eement, by t he supreme court of the District of Columbia, on 
petition filed therein by either party, and by such notice to the other party as 
the court may order. 

This was an extensive bill, and I shall not take the time to read 
it to the House. There was a bill defeated, to which I have al- 
ready referred, contemplating a commencement at the terminus 
at the present road across the Aqueduct bridge, going down to Al- 
exandria and to some watering place, and it was very much urged 
by some friends of that section. But the House refused to grant 
any charter for any such purpose. The House believed that it was 
possible, and they were assured by the members of the District 
Committee that there was a companj' eagerlj- desiring a charter 
on the very line tliat I have indicated, which would not touch the 
Aqueduct bridge, which woidd go for one fare from Seventh street 
along the line indicated, down to and through Arlington, and, 
if need be, on to Mount Vernon, furnishing a most desirable lino 
for the people of the United States visiting the capital to make 
over this companj' 's line a way to this point of public interest. I 
say this bill, proposing the crossing of the Aqueduct bridge, as 
then proposed, was defeated, as I have stated, and this one which 
I have read in part was substituted for it. 

Now, sir, what is the present situation? We have been told 
that there is a line chartered by the State of Virginia for the 
building of a road up to the Aqueduct bridge. There is in the 
Senate at this time a bill introduced by Mr. Pettigrew — 

That pending the building of the bridge — 

That is, by the comjiany referred to in this bill which I have 
read — 

over the Potomac River at or near a point known as Three Sisters, the con- 
struction and maintenance of which is authorized in the act approved Feb- 
ruary 28, 1891. entitled '"An act to incorporate the Washin.gton and Arlington 
Railway Company of the District of Columbia," and during the anutial en- 
campment of the Grand Army of the Republic to be held in the city of Wash- 
ington in the year 1892, the Washington and Arlington Railw.ay Company be, 
arid is hereby, authorized and permitted to lay and maintaini'tstrack across 
the Aqueduct bridge over the Potomac River and its approaches in such 
manner and upon such conditions as shall be approved by the Commission- 
ers of the District of Columbia, etc. 

Then it goes on to provide for its consolidation with the Penn- 
sylvania line or any othdr line that sees tit. 

It is true, sir, that this bill has not become a law. 

Mr. HEARD. Will the gentleman allow me to interrupt him 
there? 

Mr. BLOUNT. Certainly. 

Mr. HEARD. I want to state for the benefit of the gentleman 



3180 



CONGRESSIONAL EECORD— HOUSE. 



ArEiL 11, 



from Georgia, and also of the House, that the' Secretary of War 
and the Commissioners of the District of Columhia have reported 
adversely on that jiroposition. I vmderstand from puhlications 
in the newspapers that the Senate committee have also reported 
adversely on it, and so has the Committee on tlie District of Co- 
lumbia of the House. So that all are unanimous in their con- 
demnation of that proposition. 

Mr. BLOUNT. But that does not meet the suggestion I have 
made to this House. Here is a bill at this time in the Senate of 
the United States providing for a road running across that bridge. 
Here, by way of inducement, is a suggestion that there is to bj 
an encampm'ent of the Grand Army of the Republic held in this 
city during the year 1892; and this bill provides that it shall be 
completed in 1892, perhaps after the encampment is over. So 
that this little suggestion of an encampment is one of those things 
which is likely to mislead. 

Mr. BUCHANAN of New Jersey. And the Grand Army has 
not asked -for it. , ^ -, . 

Mr. BLOUNT. And, as the gentleman says, the Grand Army 
has not asked for it: and if they had, it does not meet any such 
situation. Then what do you find? A significant thing just at 
this time, a charter has been granted by the State of Virginia to 
build a road up to the Aqueduct bridge on the other side, and 
this proposition to allow this company to build its line up to the 
Aqueduct bridge with nothing in the way of union of the two 
lines except the bridge. When each shall have been completed, 
Mr. Speaker, how suggestive the situation to allow them just to 
cross over the bridge, if not for the benefit of the Grand Army, 
for some other matter with which Washington is eternally 
crowded. If this measure is passed, Mr. Speaker, I predict— and 
I do not claim to have great capacity of foresight in that way— 
the time will soon come when the Jiecessity for the crossing of 
this bridge will bo urged. 

The gentleman from Missouri [Mr. Heard] says that the Dis- 
trict Commissioners do not approve the crossing of the bridge. 
It would bo an unfortunate time to approve it, Mr. Speaker, just 
now. Again, the District Commissioners are not life occupants 
of office." They shift, and they are generally in accord with the 
influences at the Federal capital. The Secretary of War is op- 
posed to it, it is said; and yet, Mr. Speaker, he may be changed, 
and the reasons will change when you have this road running 
up to the Aqueduct bridge from the Virginia direction. Are 
you not bringing to bear an influence to stop the building of a 
railroad which is now built under a charter, and designed to go 
to Arlington and Mount Vernon, the very places the American 
people want to go. 

Are you not putting this iu the way of it? And, Mr. Speaker, 
is it not likely that a further suggestion of the incorporation of 
this company under the Washington and Georgetown Company 
may be here for consideration hereafter. You have the fact, 
Mr. Speaker, and I believe it has not been gainsaid, that a rail- 
road company is building a line near to the Aqueduct bridge, at 
the Three Sisters, from the-city of Washington, along down to 
Arlington and Mount Vernon, and that they have a charter for 
that juu-pose. You have that fact proposed to you now. Then 
why amend this charter to allow this railroad to run its line up 
to this bridge when it only lacks three blocks of being there 
now. What is the purpose? Why, the people are accommo- 
dated by theother line, and are better accommodated, and likely, 
under the terms of its charter, at one fare. There is some regu- 
lation as to the fare. Then why, sir, shall we go on and provide 
that this company shall be allowed to extend its line up to that 
bridge? 

Mr. HEARD. Will the gentleman allow me to interrupt him 
again? 
Mr. BLOUNT. Certainly. 

Mr. HEARD. Would it accomplish the object that the gen- 
tleman desires if we were to insert a provision in this bill to pre- 
vent the use of the bridge at any time in the future by this com- 
pany? 

Mr. BLOUNT. Mr. Speaker, if I knew that provision of law 
would not be repealed on the suggestion of the Committee on the 
District of Columbia when they w-anted it, I would say " yes." 

Mr. HEARD. I would give any assurance that way, so far as 
I am concerned— of course I can not speak for the Committee on 
the District of Columbia— but so far as I am informed, I am sat- 
isfied that the committee is adverse to the use of that bridge. 
They have so voted and so reported whenever a proposition has 
been before them to permit the crossing of a railroad over that 
bridge. 

Mr. BLOUNT. What I have been saying has not been any 
reflection on the view of my friend from Missouri, nor on any 
member of the Committee on the District of Columbia. I am 
discussing only the probable situation, and I am asking this 
Hous3 to act as this body did in the last Congress. Tui'n away 
from this scheme whicli points to the final passage over that 



Aqueduct bridge bslonging to the Government by this corpora- 
tion. Turn away from it, and do as the last House did: turn 
to this road which proposes to build its own line and its own 
bridge across the river at the Three Sisters, which is the 
very point of the river at which the bridge ought to be built. 
Build this line, make this situation, and how probable it is that 
you will stifle the other project. I am unwilling, sir, in view of 
the assurances that we had in the last House, assurances given 
by my friend from Missouri himself, that that company were 
able and willing to construct that line. I am unwilling to put 
this obstacle in the way of its completion. 

Mr. HEARD. Does not my friend know that the company to 
which he refers have a charter now authorizing them to run 
over this track, and that if the Washington and Georgetown 
Company is permitted to extend its line as contemplated, still 
the other company can run over its track, as it is already au- 
thorized to run, over six blocks of the road already built by the 
Washington and Georgetown Company. 

This bill will not hinder the other company from its right to 
go over these tracks which this company may put down. It is 
true, as my friend from South Carolina [Mr. Hemphill] sug- 
gests, with the power they contemplated using, they could not 
run over those six blocks, or over the rest of the track, for the 
reason that there would ha a conflict in the application of mo- 
tive power. But I repeat to my friend from Georgia that this 
other company to which he i-ofers can use the six blocks already 
constructed as well as these four blocks if constructed. 

Mr. BLOUNT. Mr. Speaker, I do not want any tracks put 
along there. This Washington and Georgetown road runs now 
within three blocks of that bridge. It has not been contem- 
plated that there shall be any railroad approaches to that bridge, 
and for one I think we should maintain that situation. 

Mr. HEARD. The other line that the gentleman refers to 
runs by the end of the bridge. 

Mr. BLOUNT. Mr. Speaker, I reiterate that this whole mat- 
ter came up before the last House and was thoroughly discussed, 
and that the proposition to extend this line in the way here pro- 
posed was voted down by a vote of more than 4 to 1; and I re- 
gret very much that the sudden and unexpected bringing up of 
this bill at this time has left me no opportunity to gather to- 
gether and exhibit to the House the bills that were then pend- 
ing, the debate that was then had, and the action of the House. 
I reserve the balance of my time. ' 

;\Ir. O'NEIL of Massachusetts. Mr. Speaker, I desire to offer 
an amendment which I S3nd to the desk. 
The amendment was read, as follows: 

A'ld after the end of section 2: And said Washington and Georgetown 
Railroad Company shall, and is hereby retinired, to run its cars at not less 
than halt hour intervals on its various lines between the hours of 13 o'clock 
midnight and 6 o'clock a. m. 

Mr. O'NEIL of Massachusetts. I hope the committee will 
offer no objection to that amendment. 

Mr. HEMPHILL. The only trouble about that is that, as I 
understand the matter, the cable can not be run the whole twenty- 
four hours, it being essential that there shall hi some time be- 
tween midnight and daylight for inspection and repair. Other- 
wise the cable is liable to get out of order or to break and stop 
the entire machinery of the road. I would not object to an amend- 
ment requiring the company to run ears up to certain hours, say 
1 or 2 o'clock in the morning; but, I repeat, it is necessary to 
the successful operation of the cable system that there shall be 
some time when it is not running, and when they can put their 
men at work to go over the whole of it and see that it is in order, 
or repair it Lf it is out of order. 

Mr. O'NiyL of Massachusetts. I am aware of that, but there 
is nothing to prevent them from running horse cars at those 
hours. 

Mr. HEMPHILL. The trouble about that is that they -will 
have no horses when they abandon that form of power. 

Mr. O'NEIL of Massachusetts. Oh. no railroad company will 
ever do away with horses entirely. They must keep horses for 
some purpose, and can use them for this purpose if necessary. 
This is a thing that is asked for by all the newspaper men and 
by a great number of the regular residents. I am credibly in- 
formed that this company last year ran its cars all night while 
Congress was in session and made a promise to the committee 
that it would keej) on running them throughout the year, but 
that when Congress adjourned it immediately stopped them. 

Now, I submit that this accommodation is required by the 
people, and that it is no more than is afforded by the street rail- 
roads in every large city. Notwithstanding the claim that it 
will not pay, I believe it will pay: but even if those particular 
cars do not pay, yet the road as "a whole, taken for the twenty- 
four hours, pays well, and this accommodation is due to the pub- 
lic who require and tlemand it. 

Mv. HEIMPHILL. I will state that there is a bill pending be- 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



3181 



fore tho committee providing for that very thing I think it is a 
matter of some consequence both to tho public (I have been a 
sufferer myself) and also to the railroad company, but, while the 
comjiany are in process of adopting this new power, it would be 
hardly fair to them without investigation to put this additional 
obligation upon them. 

Mr. O'NEIL of Massachusetts. What investigation do you 
want? 

Mr. HEMPHILL. I understand that the railroad did run cars 
for twelve months in this way, and that they averaged only eight 
passengers, some of these being fellows who had got drunk and 
wanted to ride until they got sober [laughter], a class of per- 
sons who ought not to be encouraged either by day or by night. 
Now, if the gentleman will allow this to come up in a separate 
bill, as it will when reported from the Committee on tho District 
of Columbia, it can then receive the action of tho House. 

Mr. O'NEIL of Massachusetts. I prefer to have it taken as an 
amendment to his bill, and I want a vote upon it. 

Mr. HEMPHILL. Well, of course I can not object to a vote 
uBon it. 

"Mr. HEARD. Mr. Speaker, I am in favor of having these all- 
night cars, or at least cars which will answer substantially tho 
end in view. I do not say that they must be run every hour be- 
tween midnight and morning, but the company ought to come 
near enough to that to afford transportation to that portion of 
the public who may reasonably demand it. As stated by the 
gentleman from South Carolina [Mr. Hemphill], there is pend- 
ing before our committee a bill in relation to this very matter; 
and it being a subject which comes within my particular prov- 
ince of investigation, I will state that I have been waiting sim- 
ply because a bill introduced in the Senate by Senator Hans- 
BROUGH has been considered by the District committee in the 
Senate, and I understand that he and Senator Faulkner have 
been trying to arrange a compromise on the basis of the com- 
pany running until 2 or 3 o'clock in the morning. Having re- 
ceived that information, I delayed considering the House bill in 
our subcommittee. 

I am in favor of requiring the company to give such service 
as is necessary and a-s the people may reasonably expect at night. 
It may be that we should fix the limit of this night service at 2 
o'clock or So'clock (tho company begin regular trips at 5 o'clock). 
At all events, I do say that the company ought to be required 
to furnish reasonable transportation to people who require it 
tetween midnight and daylight. 

Mr. HEMPHILL. Mr. Speaker, I appreciate what the gen- 
tleman from Georgia [Mr. Blount] says about this road going 
to the Aqueduct bridge; but it is only a question whether or 
not persons desiring to go to Arlington shall be compelled to 
hire a hack at an expense of $3 or $4, or shall have to walk four 
or five blocks from the present terminus of the railroad to the 
bridge, all because it is possible that at some future day some 
other Congress may authorize this road to run its track over the 
Aqueduct bridge. 

That is all there is in it. He does not claim that we are going 
to do it under this bill, or that there is any provision here for 
it. But we have already chartered a road, or rather, under the 
authority of the Secretary of War, a road chartered by the State 
of Virginia comes down to the other end of the Aqueduct bridge. 
If this road should bo extended to this end of tho bridge, persons 
desiring to go or come to one side or the other will simply have 
to walk across the bridge. 

Mr. HEARD. The gentleman Will allow mo to say that as I 
am advised only 1,000 feet of track remain to bs provided be- 
tween Arlington and the Aqueduct bridge. 

Mr. HEMPHILL. So I understand; and it is expected that 
this road will be in operation some time in May. 

I will state further that not one person connected with this 
railroad has been before our committee asking for the passage 
of this bill. It has been introduced in the interest of the public, 
so as to require the road to be extended in this way. If the 
House is satisfied that the public will be convenienced by the 
bill, let it be passed; if satisfied that it would not be wise to adopt 
tho measure, I am perfectly willing' it shall be voted down. 

Mr. BLOUNT. The gentleman from South Carolina says this 
is simply a question whether we shall do without the conven- 
ience now oft'ered us because of the possibility of some futui-e 
Congress authorizing the building of a line that will better ac- 
commodate the public. 

Mr. HEMPHILL. Oh, I beg tho gentleman's pardon; I said, 
" because some future Congress may authorize one of these lines 
to be extended across the Aqueduct bridge." 

Mr. BLOUNT. Very well; because some future Congress may 
authorize the running of this or some other road across the Aque- 
duct bridge. Now, Mr. Speaker, that is not all of the story. 
There was a struggle in the last Congress on the part of one 
company to get the use of this bridge to cross the river upon it, 



and we defeated the proposition; we passed a bill chartering 
another company to build a line which will not touch this bridge, 
but is required to build a bridge of its own across the Three Sis- 
tei's. The ditficulty is that when you begin with this sort of leg- 
islation you interrupt and discoui'ago the progress of the other 
work. There has been a standing pressure here on tho part of 
different corporations to get tho right to cross that bridge. As 
the bridge has been built by the Government, if they can get the 
right of way across it they avoid the expense of building a bridge 
of their own, and if permitted they would use that bridge even 
though the public should thereby be greatly inconvenienced. 

I trust the House will not hesitate to dispose of this bill ad- 
versely. The jiroposition is made hei'O that the company shall 
be allowed till December. 1892, to build tho road; that is all you 
require of them; yet gentlemen come into this House and .say, 
"We want this road for the Grand Army when it comes." But 
the Grand Army will come and go before the period mentioned 
will arrive. 

Mr. HEMPHILL. I did not say we wanted the road for that 
occasion; 1 .said that ha<l been suggested. 

Mr. BLOUNT. I do not care what gentleman may have said 
it; that has been presented here as one of the reasons why this 
bill should pass. 

Mr. Speaker, I move to lay the bill on the table. 

Mr. HEMPHILL. I trust that question will not be voted on 
until there has been some further discussion of this measure. 

Mr. BUCHANAN of New Jersey. If the people of tho Dis- 
trict do not want tho bill, why not lay it on the table'? 

Mr. HEMPHILL. The people of the District do want it, as I 
understand. The Virginia company referred to has built its 
road down to the other side of the bridge; and I know no reason 
why this company should not extend its road to this side. Tho 
other company, if it comes across, will have the entire monopoly 
of the business 

The SPEAKER. The Chair will state that unless by unani- 
mous consent the pending motion to lay the bill on the table is 
not debatable. 

Mr. HEARD. I hope my friend from Georgia will not insist 
on his motion for a few moments. If he will withdraw it, I will 
yield the floor to him to renew it. I wish to say a few words by 
way of correcting some of the mistakes of the gentleman from 
Georgia, which I am sure he does not desire the House to accept, 
if I can show that he has been in error. 

Mr. BLOUNT. I am perfectly willing the gentleman shall be 
heard. I withdraw the motion temporarily. 

Mr. HEARD. The gentleman from Georgia has, with perfect 
honesty of purpose I am sui-e, but under a misapprehension of the 
facts, stated that this measure would operate to discourage tho 
completion of the road which has been chartered to go across 
the river on a bridge of its own construction. That is an error. 
This will have no elTect whatever on that proposition. Thocom- 
pany already chartered proposes to go over six blocks of road 
now built by this company, and if it goes on the route which its 
charter now authorizes at all, it will go over these four blocks 
of new road to be built — will go right to the end of this bridge 
and beyond. My friend, therefore, is mistaken in saying that 
the road already chartered does not tend in this direction. By 
the terms of its charter it goes exactly over the route on which 
this company is expected and required by this bill to build its 
road. 

Tho fact is, Mr. Chairman, that people riding on the Washing- 
ton and Georgetown road can now go to its terminus tor one fare. 
If the company should extend its lino four blocks farther they 
could still go to the end of the route for one fare: the company 
would got no more for carrying passengers to this extended 
point than they now get, but the public would get a fuller and 
better service. But, you can see that if the road to which my 
friend from Georgia refe;»j to is completed along this line by the 
Aqui'duct bridge and on to the region of the Three Sisters, it is 
an additional reason why this line should be extended from its 
present terminus to the Aqueduct bridge, because it gives facili- 
ties for passengers to ride on one continuous line for one fare, 
and connect with the road carrying them to Arlington. It will 
be a decided advantage to the traveling public. 

Thei-efore, my friend, if he will consider for a moment, will 
see that this will give to all the patrons of this road a great ad- 
vantage. You can now go to M and Tliirty-second streets by the 
Washington and Georgetown line: but that is four blocks from 
the Aqueduct bridge-. This extension will give those who v.-isli 
to go to the bridge or desire to connect with the other road the 
advantage of riding this additional four blocks and enable them 
to connect with Arlington. That is all there is in this bill. It 
does not propose to give any right to cross the bridge. And it 
seems to me that these people should be permitted— that they 
should bo in fact compelled— to extend this road, and that tho 



3182 



CONGRESSIONAL RECORD— HOUSE. 



Apeel 11, 



gentleman from Georgia should be aa earnest in that direction 
as he is in opposition to tho bill. 

But the position ot my friend from Georgia that we should re- 
fuse to compel these people or permit them, rather, to put in 
these four blocks for fear that at some time, at some point in the 
future, by some authority or other they would get the right to 
cross the bridge, is, I submit, not up to the ordinarj' measure of 
that gentleman's foi-esight in legislation; because he knows just 
as well as I do that this Congress can impose no restraints ov 
limitations on any other Congress. So far as this Congress is con- 
cerned I know that it is so in this House and in the District Com- 
mittee and that it was so in tho Committee on the District of Co- 
lumbia in the Senate the members have ex])ressed themselves as 
being in line with the District Commissioners and the Secretary 
of War against permitting' anybody to build a railroad across 
that bridg-e. 

But because we do not want to go across is no argument why 
we should not build the line up to the bridge or permit them to 
go as near to the bridge as possible without interfering with the 
traffic across it. , It they can get a charter hereafter from Con- 
gress to cross the bridge they can easily get a charter to extend 
the line up to the bridge. But there is a decided advantage in 
building the lino up to the bridge now, if it is to be built at all. 

As the gentleman from Georgia has stated, this road which is 
chartered in Virginia is, as I am advised, completed, except about 
1,000 feet of it, down to the bridge on that side of the river. Now, 
if this road is completed or permitted to be built on this side, 
and that other road is completed down to the bridge, it will give 
passengers who desire to go to Arlington an almost continuous 
line. They will only have to cx-oss the bridge and get on the cars 
on the other side. I respectfully submit, if the gentleman aj.ipre- 
liends that this i-oad entertains any covert design hidden in the 
provisions of this bill by which they can have access to tho bridge 
hereafter, that he had better insert a modification so that this 
company can not be authorized to cross the bridge. Let a pro- 
vision be inserted that they shall never go over the bi'idge. True 
it will never bind any futiu-e Congress, but it will express as 
plainly as we can that we want to give no such right by this leg- 
islation. 

I submit, Mr. Speaker, most earnestly, that there has never, 
to my mind, been a proposition more plainly in the interests of 
the public than this one. True, this railroad company does not 
ask tho privilege, but no doubt they will be glad to get it if it is 
given them. The chairman of the District Committefe in the 
Senate introduced the bill and his committee i-ecommended it. 

But even if this railroad company were not willing to extend 
their road I for one should be in favor of compelling them to do 
it before putting in their terminal plant. I would require that 
they should complete the road up to the Aqueduct bridge before 
they could run a foot of the cables now being put in on their 
lines to save to tho public the inconvenience which must neces- 
sarily flow to them by the stoppage of the cars on the road long 
enough to change the terminal plant hereafter. 

Mr. BLOUNT. Mr. Speaker, I wish to call tho attention of 
the House to the fact that during the last Congress, when the 
bill was pending providing for the completion of a line to which 
my friend has just referred on the Virginia side of the river, and 
which provided for the crossing of the Aqueduct bridge, when 
it was objected that they should not be allowed to cross it, the 
argument was made, and was not denied, that unless they were 
allowed to do so the road would not be self-sustaining. The men 
in. charge of that matter, who have constructed that nonpaying 
road, perhaps can see further than our friend from Missouri,\vho 
complains of my own shortsightedness, and expect to find their 
way over that bridge and into connection with the Pennsylvania 
avenue line, and the incorporation of the one with the o'ther at 
some time hereafter. 

Mr. HEARD. They can not, without the authority of Con- 
gress. 

Mr. BLOUNT. Why, certainly not. But of course this Con- 
gress does not legislate for all time. 

Mr. HEARD. Well, we are only responsible for what we do 
legislate for. 

Mr. BLOUNT. My friend says that is all we are responsible 
for. Perhaps he is content with that. We are making condi- 
tions every day in the shape of now legislation; and when you 
shall have passed this bill and have this road running up to that 
bridge, these men in Virginia, with business shi-ewdness, who 
are just aei'oss the line, will say we have a provision here in the 
shape of new legislation that will make some other new legisla- 
tion altogether desirable in the minds of some persons. It would 
not be long before an elTort was made to secure a consolidation 
of the two lines. 

No, sir, there is no danger about communication between this 
city and Arlington and Mount Vernon, over a bridge not fur- 
nished to a corporation by the Government, but furnished >y the 



parties themselves. You have chartered another road pur- 
posely to avoid this very thing. Let us stand by what we have 
done. 

I move that the bill be indefinitely postponed. 

Mr. HEMPHILL. I trust that will not be done. 

Tho question was taken; and on a division there were — ayes 42, 
noes 14. 

Mr. HEMPHILL. I will have to ask for tellers. 

Mr. BLOUNT. The gentleman has other bills. He had bet- 
ter let this go. 

Mr. HEMPHILL. I will lot it go and take a vote on it next 
District dav. 

Mr. HOLMAiSr. Oh, no. 

Mr. HEMPHILL. I ask that the bill go over until the next 
District day. 

Mr. BLOUNT. Regular order. 

Mr. HEMPHILL. Mr. Speaker, there has no quorum voted. 
I ask for tollers. 

The SPEAKER. The Chair will appoint tellers. 

Mr. Hemphill and Mr. Blount wore appointed tellers. 

The House again divided; and the tillers reported — ayes 45, 
noes 22. 

Mr. RICHARDSON. I move that the House do now adjourn. 

Mr. HEMPHILL. If the motion to adjourn is going to be 
put 

Mr. RICHARDSON. No quorum has voted, and we had bet- 
ter adjourn. 

The SPEAKER. If the point of no quorum is made, the 
Chair will submit the motion to adjourn. Does the Chair under- 
stand the gentleman to make the Doint? 

Mr. HEMPHILL. I make the jjoint. 

The motion of Mr. Richardsonf was agreed to; and accordingly 
(at 4 o'clock and 48 minutes p. m.) the House adjourned. 



REPORTS OP COMAUTTEES. 

Under clause 2 of Rule XIII, private bills and resolutions were 
severally reported from committees, delivered to the Clerk, and 
referred to the Committee of the Wliole House, as follows: 

By Mr. SCOTT, from the Committee on War Claims: 

A bill (H. R. 860) for the benefit of William Burton. (Report 
No. 1045.) 

A resolution referring the bill (H. R. ,3700) for the relief of 
Charles Banks to the Committee on Claims. (Report No. 1046.) 

A resolution i-eferring the bill (H. R. 50.32) for the relief of 
Daniel Lake, deceased, to the Court of Claims. (Report No. 
1047.) 

By Mr. CLANCY, from the same committee: 

A bill (H. R. 74(>4) for the relief ot the assignees or legal repre- 
sentatives ot John Roach, deceased. (Report No. 1048.) 

A bill (H. R. 7282) for tho relief of George W. Quintard. (Re- 
port No. 1049.) 

By IMr.^TONE of Kentucky, from the same committee: A 
bill (H. R. 4174) for the relief of the Madison Female Institute, 
located at Richmond, Ky. (import No. 1050.) 

By Mr. WILSON of Missouri, from the Committee on Pen- 
sions: A bill (H. R. 7303) to increase the pension of Wills Good- 
win. (Report No. 1051.) 

By Mr. CADMUS, from the Committee on War Claims: A 
resolution referring the bill (H.R.6518)for the relief ot William 
T. Miles, to the Court of Claims. (Report No. 1053.) 



BILLS, MEMORIALS, AND RESOLUTIONS. 

Under clause 3 of Rule XXII, bills of the following titles were 
introduced, severally road twice, andi'eferred as follows: 

By Mr. BLANCHARD: A bill (H. R. 8045) to declare certain 
lands in Louisiana part of the public domain and subject to entry 
only by actual settlers under the provisions of the homestead 
law's — to the Committee on the Public Lands. 

By Mr. LANHAM: A bill (H. R. 8046) to create the tenth ju- 
dicial circuit— to the Committee on the Judiciary. 

By Mr. WISE (by request): A bill (H. R. 8047) to incorporate 
the Pan- American Naval Marine Institute and to promote the 
United States naval reserve — to the Committee on Naval Affairs. 

By Mr. COOMBS: A bill (H. R. 8048) to place German looking- 
glass plate on the tree list — to the Committee on AVays and Means. 

By Mr. JOHNSON of North Dakota: A bill (H. R. 8040) grant- 
ing to the State of Nk)rth Dakota certain portions of the aban- 
doned Fort Abraham Lincoln military reservation, together with 
the buildings thereon — to the Committee on the Public Lands. 

By Mr. PATTISON of Ohio: A bill (H. R. 8091) for the relief 
of telegraph operators during the war — to the Committee on 
War Claims. 

By Mr. BEEM AN: A memorial of the Legislature of the State 
ot Mississippi, asking an additional appropriation by Congress 



1892. 



CONGKESSIONAL RECORD— SENATE. 



3243 



Mr. HAWLEY. I hope the Senator from Alabama will go 
on. 

Mr. MORGAN. I shall take but a few moments. 

Mr. STEWART. I ask that the unfinished business be infor- 
mallj'laid aside. 

The PRESIDING OFFICER. It will be informally laid aside 
if there be no objection. The Senator from Alabama will pro- 
ceed. 

Mr. MORGAN. I could stop here, perhaps, with decided ad- 
vantage to myself and to the Senate, but I wish to add one or two 
very brief reflections. 

We shall have, I repeat, when we have made it optional with 
the citizen of the United States to have his silver bullion coined, 
the best financial system we can secure in times of peace and in 
times of trial, famine, distress, or war that any people in this 
world have ever had. I will again recur to an idea which I have 
not been able todismiss from my mind recently, for we have had 
some bodings of trouble witli great powers, with dangerous pow- 
ers. I have not been able to dismiss from my crmtemplati'^n 
■what the present situation of this country would be in the event 
of a war with a great power, when the very first step we should 
have to take would be to go to a country that buys silver and 
gold from us to borrow the money to carry on a war with that 
or a neighboring country. Of course we could not borrow it 
from the country we were at war with. 

Our resources of credit would be very much cramped in the 
event of a struggle with Great Britain, and we should then be 
forced to look to our own internal resources for the strength to 
raise, equip, maintain, and transpoi-t armies, and to furnish 
them with munitions of war, with hospitals, and the like. Then 
we would turn our attention to this matter, which to my mind 
is just as palpable as if we were in the midst of a war, of pi'oviding 
out of our own resources for conducting it, and wo should then 
consider this very important point. Our mines furnish to us $100,- 
000,000 of metal a year, one-third gold. The redeeming factor 
adopted by the banks throughout Christendom for all time since 
banks were first ordained, is one-third of coin, or 3 to 1. 

We have .$100,000,000 a year, one-third gold, upon which you 
can issue with perfect safe'ty $3 for $1. So you have $:W0,00iM Oi) 
a year, if you choose to use it in that way— $300,000,000 that can 
be represented among our own people with coin certificates which 
they will take gladly and use in all of their business and prosper 
upon it, and have perfect security. In ten years it is $3,000,000.- 
000, and it is such a fund as enables us not merely to bring every 
resource and power of this great domain that we occupy here 
Immediately into action for military defense or other purposes, 
but it will draw to it a commercial and financial power the like of 
which has not been enjoyed by any other government in this 
world. 

Great Britain dui'ing five hundred or eight hundred years of 
her noble and magnificent history, through her statesmanship, 
bj' adopting always the best expedient for the relief and advan- 
tage of her people, has been able to accumulate a resource of 
money and credit that has hitherto been entirely unijaralleled. 
She has done it by scouring the seas, taking the islands, going 
wherever nature invited the hand of agriculture or of any other 
industrial pursuit, there gathering the rich harvests of the 
world, carrying them to Liverpool and London, and distribut- 
ing them again out among the nations of the earth. In this 
way Great Britain has grown enormously rich through many 
years, and will still remain enormously rich. 

Providence, however, without any exertion on our part except 
to employ our labor in our own mines and within our own territoi-y , 
places within ovu- reach $100,000,000 a year, of specie, one-third 
gold, which is in the right proportion, and which we may with 
absolute safety, as has been demonstrated by the experience of 
mankind through five hundred years, use as a basis of redemption 
for our paper issues, thereby making it, as I have observed, 
$300,000,000 a year, thrown into our hands as an assisting fund 
for the wonderful, marvelous work we are engaged in here, of 
conducting the best, noblest, truest, the most gentle, the most 
perfect, and yet the strongest Government that mankind has yet 
conceived of. 

Are we to pass by such an opportimity as this and still hold 
ourselves in an attitude of humiliating' dependence upon Great 
Britain, or any foreign country, merelj' because through her 
thrift and industry and skill she has been able to i^ilo up credit 
and money; or shall we grasp the outstretched hand of Pi'ovi- 
dence and thankfully proceed with that groat encouragement 
which the Divine Maker of man has extended to us to try to 
achieve for this country that which it is entitled to in every 
Bense and under every consideration — the supremacy of the civ- 
ilized world? 

CIRCUIT COURTS OF APPEALS. 

Mr. COCKRELL. Let the first case on the Calendar be stated. 
Mr. HAWLEY. The regular order must first be laid before 
the Senate. 



Mr. MANDERSON. The unfinished business, which is the 
court bill. 

Mr. COCKRELL. The unfinished business can be tempora- 
rily laid aside. That is always understood. 

The PRESIDING OFFICER. The Chair lays before the Sen- 
ate the unfinished business. 

The Secretary. A bill (S. 2729) to amend an act entitled 
■'An act to establish circuit courts of appeals, and to define and 
regulate in certain cases the jurisdiction of the courts of the 
United States and for other purix)t!es." 

The PRESIDING OFFICER. The unfinished business will be 
temporarily laid aside and the Calendar will be proceeded with 
under the order of the Senate. 

Mr. HAWLEY. Before we jiroceed v.'ith that, there are many 
Senators absent who are much interested in the Calendar, and I 
suggest a call of the Senate. Of course they ought to have been 
here listening to the Senator from Alabama, as 1 was. -Let us 
call them in now for what they are interested in. 

The PRESIDING OFFICER. If there be no objection the 
roll will be called. 

The Secretary called the roll, and the following Senators an- 
swered to their names: 



AUon. 


Dolph, 


Manderson. 


Sherman. 


Bate. 


Dubois. 


Mitchell. 


Shoup. 


Ben-y. 


Faulkner. 


Morgan. 


Stewart. 


Blackburn, 


Frye, 


Paddock. 


Teller, 


Blodgett. 


George. 


Palmer, 


Turpie, 


Can, 


Gibson. Md. 


Pasco. 


Ve.si, 


Camerou, 


Gray. 


PeBer, 


Voorhees, 


Chandler, 


Hawley. 


Piatt, 


Wallhall, 


CiKkrell. 


Hoar. ■ 


Power. 


Warron. 


Coke. 


Jones, Nev. 


Pugh, 


Wil.son. 


Colquitt, 


Kyle, 


Quay, 




Davis, 


McMillan. 


Sanders. 





The PRESIDING OFFICER. Forty-six Senators have an- 
swered to their names. A quorum is jiresent, and the Senate 
will proceed with the Calendar. 

L. A. DAVIS. 

Mr. COCKRELL. The fi rst case on the Calendar is Senate bill 
735, that was passed over. The Senator from Massachusetts [Mr. 
HoarJ I understand does not insist u))on his amendment. 

The Senate resumed the cofisideration of the bill (S. 735) for 
the relief of L. A. Davis. 

Mr. COCKRELL. I understand that the Senator from Mas- 
sachusetts does not insist upon any amendment this morning. I 
suggest a further amendment, t supposed it was done yester- 
day. I move, in line 10, after the word '-limitations," to strike 
out the words "or other legal defense;" so £is to read: 

And no statute of limitations shall be available in such case. 

There will be no objection t:j that. 

Mr. MITCHELL. That is right. The Senator from Massa- 
chusetts I understand does not insist on his amendment. 

The PRESIDING OFFICER. The question is on agreeing to 
the amendment submitted by the Senator from Missouri. 

The amendment was agreed to. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

DISTRICT INSPECTOR OF PLUMBING. 

The PRESIDING OFFICER (Mr. Platt in the chair) laid 
before the Senate the amendments of the House of Representa- 
tives to the bill (S. 14021 to authorize the appointment of an in- 
spector of plumbing in the District of Columbia, and for other 
purposes. 

The amendments of the House of Representatives were in sec- 
iion 2, line 5, aftertheword "amount," to insert " notexceediug 
the sum of $2,000;" and after "United States" to insert " one- 
half to the credit of the United States and one-half;" to strike 
out all of section 4 down to and including the word "duty," in 
line C, and insert "that the inspoctorof plumbing and his assist- 
ant shall be," and in the same section, line 5, after the word " di- 
rection," to insert "on the application of tlie owueror occupant, 
or on the complaint of any rei)utable citizen." 

Mr. McMillan. I move that the Senate concur in the 
amendments of the House of Representatives. 

The amendments were concurred in. 

PUBLIC BUILDING AT SEATTLE, WASH. 

The PRESIDING OFFICER. The next bill on the Calendar 
will be stated. 

The Chief Clerk. A bill (S. 1907) to amend section 3 of the 
act approved June 27, 1890, granting pensions to soldiers and 
sailors. 

Mr. COCKRELL, I will state in regard to Senate bill 61S, 
providing for the erection of a public building at the city of 
Seattle, in the State of Washington, that it stands at the head 
of the Calendar. On the reading of that bill yesterday evening 
the Senator from Indiana [Mr. Turpie] suggested the absence 
of the two Senators from Washinutan and moved an adjourn- 



3244 



CONGRESSIONAL RECORD— SENATE. 



April 13, 



ment. I did not understand the Senatoi- from Indiana to object 
to the eonsidoration of the bill. 

Mr. TURPIE. No, sir. 

Mr. COCKRELL. It comes up in its order. 

The PRESIDING OFFICER. The bill will be taken up. 

The bill (S. 618) providing for the erection of a public building 
at the city of Seattle, in the State of Washington, was announced 
»s regularly in order on the Calendar. 

The PRESIDING OFFICER. The bill waspartially readyes- 
terday. The bill should bo read in full. If there isno objection 
the Chief Clerk will proceed with the reading of the bill. 

Mr. ALLEN. I wish to state, in the absence of my colleague 
[Mr. Squire], who has that bill specially in charge, that I desire 
it to be passed over for the present without prejudice. 

The PRESIDING OFFICER. The bill will be passed over 
without prejudice. 

"pensions to widows and minor children. 

The bill (S. 1!I07) to amend section 3 of the act approved June 
27, 1890, granting pensions to soldiers and sailors, was considered 
as in Committee of the Whole. 

The bill was reported from the Committee on Pensions with 
amendments, in line 14, after the word "absent," to insert "by 
due authority; '' in line 15, after the words " from the," to strike 
out " technical; " and in the same lino, after the word " duty," to 
strike out " (e-xcepting cases of death occurring during desertion 
from the service); " so as to make the bill read: 

Beit enac/ed,cte.. That section Sol the act of June Sr, 1890, Is hereby amended 
so as to read as follows : 

".Sec. 3. That if any officer or enlisted man who served ninety days or more 
in the Army or NaN-y of the United States during the late war of the rebellion, 
and who was honorably discharged, has died, or shall hereafter die, leaWug 
a widow without other means of support than her daily labor, or minor 
children under the age of 16 years, or if any officer or enlisted man, who served 
ninety days or more in the Army or Navy of the United States, died in the 
service, whether in the line of active duty, or in hospital, or on individual 
furlotigh, or whilst otherwise absent by due atithority from the line of duty, 
and shall have left such'svidow, or such minor children xmder 10 years of 
age, in either case aforesaid such widow shall, upon due proof of her husband's 
death, without proving his death to be the result of his army service, be 
placed on the pension roll from the date of the application therefor, under 
this act, at the rate of $8 per month during her widowhood, and shall also be 
paid ¥:i per month for each child of such officer or enlisted man under 16 years 
of age; and in case of the death or remarriage of the widow, leaving a child 
or children of stich officer or enlisted man under the age of 16 years, such 
pension shall be paid such child or children until the age of 16: I'rovkled, 
That in case such oftlcer or enlisted man shall leave a child who is insane, 
idiotic, or otherwise permanently helpless, such child shall be pensionable 
under this act without regard to his or her age and whether pensioned here- 
tofore as a minor luider any former act; and the pension thus granted to 
such child shall continue during life, or during the period of such disability, 
from and after the date of application therefor, after the pass.age of this 
act: And iiroi'ided further. That s.aid widow shall have married said soldier 
prior to the passage of this act." 

The amendments were agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, i-cad 
the third time, and passed. 

GEORGE A. ORR. 

The bill (S. 2097) for the relief of George A. Orr was consid- 
ered as in Committee of the Whole. It proposes to direct the 
Secretary of tlie Treasiu-y, through the accounting officers, to 
audit and pay the claim of George A. Orr, as acting assistant 
provost-marshal at Mount Vernon, Mo., from May 28, 1863, to 
January 30, 1864, at the rate of $100 per month for his services, 
and such sum for legitimate expenses during that period as may 
be shown and found to have been actually e.xpendcd by him in 
the lawful discharge of his duties and necessary for the public 
service. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

ILWACO RAILWAY AND NAVIGATION COMPANY. 

The bill (S. 213) granting a right of way across the Scarboro 
Hill military reservation to the Ilwaco Railway and Navigation 
Company was considered as in Committee of the Whole. 

The bill was reported from the Committee on Military Affairs 
with amendments. 

The amendments were, in line 4, after the word " Company. " 
to insert " a corporation existing under the laws of the State of 
Washington; "in lino 9, after the word "exceeding," to strike out 
"forty" and insert "thirty;" and in line 10, after the word 
"thereof," to strike out " with the necessary ground for sidetracks 
and the necessary buildings; " so as to read: 

That it may, and shall be, lawful for the Ilwaco Railway and Navigation 
Company, a corporation existing under the laws of the State of Washington, 
to construct its road .across a certain military reservation in the Stale of 
Washington, commonly knowu as Scarboro Hill, tmder the direction of the 
Secretary of War; and for this purpose a right of way therefor, not exceed- 
ing 30 feet in width on each side of the center of the track thereof, subject to 
the approval of the Secretary of War, is hereby gi-auted to said company. 



The amendments were agreed to. 

The next amendment was, to add to the bill the following pro- 
viso: 

Provided, That the actual construction of a roadbed over the right of way 
herein granted shall not be commenced until after the Secretary of War shall 
have approved its location; and for this purpose said Ilwaco Railway and 
Navigation Company shall furnish him with a map showing the boundaries 
of this reservation, the center line of the proposed right of way, together 
with the topographical features of the ground for a distance of 200 feet on 
either side thereof: Provided /iirlfter,Tba.t said corporation, its assigns, or 
successors, shall build and maintain at its own expense for the free use of 
the Government sxich railroad-depot buildings and side tracks on said reser- 
vation as the exigencies of the Government service may require and the Sec- 
retary of War may direct: Provided fnrt/ier. That if, in the judgment of the 
Secretary of War, the exigencies of the Government service at any time so 
require, the right of way herein granted may be changed or relocated at the 
expense of said corporation, its assigns, or successors: A?id provided further. 
That if a railroad be not built and regularly operated over the right of way 
herein granted within two years from the date of the passage of this act the 
act shall become null and void. 

The amendment was agreed to. 

Mr. COCKRELL. I .see that I omitted to put in as an amend- 
ment another section. I move to add: 

Sec. — . Congress reserves the right at any time to alter, amend, or repeal 
this act. 

Mr. ALLEN. I will inquire of the Senator from Missouri if 
that is the usual provision? 

Mr. COCKRELL. It is always put in these bills. 

The amendment was agreed to. 

The bill was reported to the Senat3 as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

ESTATE OF M. C. MORDECAI. 

The bill (S. 1423) for the relief of Jacob I. Cohen and J. Ran- 
dolph Mordecai, administrators of M. C. Mordecai, was consid- 
ered as in Committee of the Whole. It proposes to pay to Jacob 
I. Cohen and J. Randolph Mordecai, administrators of M. C. 
Mordecai $6,400, in full compensation for the postages on mails 
transported by him in the steamer Isabel, or any other steamer, 
from Charleston, S. C, to Havana. Cuba, by way of Savannah, 
Ga., and Key West, Fla., from the 1st of October, 1859, to the 
20th of July, 1860. 

The bill was reported to the Senate without amendment, oi"- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

ARMY PROMOTIONS. 

The bill (S. 882) to repeal the proviso in section 1, of the act 
of October 1, 1890, providing for the examination of certain of- 
ficers of the Army and to regulate promotions therein, and to 
extend lineal promotion to first lieutenants, was announced as 
next in order. 

Mr. PROCTOR. I ask that Order of Business 380, House bill 
328, to establish lineal promotion throughout the several lines 
of artillery, cavalry, and infantry of the Army, be taken up in- 
stead of this bill, as it is identical, and will [save action on the 
Senate bill. 

Mr. DOLPH. Let the Senate bill go over. 

The PRESIDING OFFICER. Being objected to, the bill will 
go over. Does the Senator from Oregon object to the House bill 
being substituted for the Senate billV 

Mr. DOLPH. I do not object to that; I object to the consid- 
eration of the bill. 

The PRESIDING OFFICER. It will be understood then that 
the House bill is substituted for the Senate bill, and the Senate 
bill will be indefinitely postponed. The bill, bsing objected to, 
goes over without prejudice. 

Mr. DOLPH. Let the bill go over, retaining its place. I do 
not care to remove the bill from the Calendar under Rule VIII. 
Let it go over without prejudice. 

The PRESIDING OFFICER. If there be no objection, the 
House bill which has been substituted for the Senate bill will 
take the place on the Calendar of the Senate bill; the Senate bill 
will be indefinitely postponed, and the House bill will be passed 
over without prejudice. 

WILLIAM SMITH AND OTHERS. 

The bill (S. 1678) for the relief of William Smith and others 
was considered as in Committee of the Whole. It is a direction 
to the proper accounting officers of the Treasury to credit Lieut. 
Col. William Smith, deputy paymaster-general, United States 
Army, in the settlement of his jiublic accounts, with the sum of 
$3,015.15; and to credit MaJ. William F. Tucker, paymaster, 
United States Army, in the settlement of his public accounts, 
with the sum of $5,461.61: and to credit Assistant Surg. John 
O. Skinner, United States Army, in the settlement of his jiublic 
accounts, with the sum of $199.14; and to remove the charge of 
$2,185.92 standing against MaJ. John S. Billings, surgeon. United 



1892. 



CONGRESSIONAL RECORD— SENATE. 



states Army; and to remove the charge of $1,029.60 standing 
against George M. Wheeler, captain on the retired list of the 
Army; and to remove the charge of $634.42 standing 'against 
Lieut. P. Henry Ray, Eighth Regiment of Infantry, United States 
Army; these amounts having heenpaid out and received in accord- 
ance with the orders of the Secretary of War or the provisions 
of the regulations for the government of the Army of the United 
States prescribed by the President. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third i-eading, read the third time, 
and passed. 

NAPOLEON J. T. DANA. 

The bill (S. 1496) for the relief of Gen. Napoleon J. T. Dana 
was considered as in Committee of the Whole. It proposes to 
authorize the President to nominate and, by and with the ad- 
vice and consent of the Senate, appoint Gen. Napoleon .1. T. 
Dana, late assistant quartermaster of the United States Army, 
to the position of assistant quartermaster with the rank of cap- 
tain of cavalry, and to place bim on the retired list of the Army 
with that rank and pay. the retired list bsing thei-eby increased 
in number to that e.xtent. 

The bill was reported to the Senate without amendment. 

Mv. HOAR. I should like to hear the report read: enough 
of it at least to show the character of the case. 

The PRESIDING OFFICER. The report will be read. 

The Secretary read the report submitted by Mr. DA\as Feb- 
ruary 11, 1892, as follows: 

The Committee on Military Affairs, to whom was referred tlie bill (S. I4'J.;) 
for the relief of Geu. Napoleon J. T. Dana, respectfully report: 

Napoleon J. T. Dana (xraduated from the Military "Academy in 1812; was 
thereupon appointed second lienten.ant in the .Seventh Infantry, and con- 
tinued in the service until IShb. when he resisjned. Dm'iug thisperiod he was 
brevetted as captain for gallant and meritorious conduct in the battle of 
Cerro Gordo, in which battle he was severely wounded. 

Immediately after his resicmation he entered into business in St. Paul as a 
banker, and prosecuted that business with great success. Upon the break- 
ing out of the rebellion he felt it his duty to rejoin the service, and was ap- 
pointed colonel of the First Minnesota Infantry October 2, 1861. He was ap- 
pointed brigadier-general February 3. 1863, and ma^or-geueral November 19, 
I8G2. As commander of regiment, brigade, and divisi<.)n. at various times, 
he served in the Army of the Potomac, and was severely wounded in the 
battle of Antietam. He afterwards returned to duty. As a division com- 
mander he commanded the troops on the coast of Texas np to March. 1854. 
He afterwards commanded the district of Vicksburg in 1864. He was after- 
wards put in conunand of the .Sixteenth Army Corps, and commanded t he 
Department of the Mississippi to May 12, 1865. On May '.?7, 186,5, he tendered 
his resignation, "in view of the immediate close of the war, and with the 
opinion that my services will not be now longer reciuired."' 

After his resignation Gen. Dana engaged iii business, but the results were 
not fortunate. He is now 70 ye.ars old, incapable of work, and has no estate. 
He had two sons, one of whom died of consumption about ten years ago. 
The other sou graduated in medicine, bttt just as he was getting into suc- 
cessful practice in New York City was attacked with consumption and was 
compelled to go to Florida, and although his health has been somewhat im- 
proved, he can not be of any assistance in supporting his father. 

The military career of Gen. Dana is more particularly detailed in the an- 
nexed letter from the Adjtitant-General. 

In view of the long and meritorious services of this officer, the committee 
recommend the passage of the bill. 

War Department, Adjutant-General's Office. 

Washington^ January 21, 1H'J2. 
Statement of the military service of Napoleon J. T. Dana, of the United .States 
Army, compiled from the records of this office. 

He was a cadet at the United States Military Academy July 1, 1838, to July 
1, 1812, when he was graduated and promoted in the Army to second lieuten- 
ant. Seventh Infantry, July 1, 1842; first lieutenant, February 16, 1847; captain, 
assistant quartermaster, March 3, 1848. Brevet captain, April 18, 1847, ■■for 
gallant and meritorious conduct in the battle of Cerro Gordo, Mexico," 

He joined his regiment October 15, 1842. and ser\'ed with it at Fort Pike. 
La., and Pass Christian, Miss., to August 18. 1845; in the military occupation 
of Texas, and in the war with Mexico until wounded at the battle of Cerro 
Gordo, Mexico, April 18, 1847; absent sick on account of wounds and on re- 
cruiting service to March, 1848: on duty as qtiartermaster at Boston, Mass., 
to August 26, 1848; at Fort Suelling, Minn., to August, 1849; at Fort Ripley. 
Minn., to Mas', 1850; at St. Louis. Mo., to November. 1850; at Fort Ripley, 
Minn,, to December. 1851; at Washington, D. C, settling his accounts and 
on temporary duty in Quartermaster-General's Oftlce, to September. 18.52; 
on duty, at Fort Snelling, Miim., to May, 1853, and at Fort Rldgely, Minn., 
until he resigned March I, 18,55, 

He reentered the service as colonel First Minnesota lufantiy, October 3, 
1861. Appointed brigadier-general volunteers, February 3, 1862, major-gen- 
eral volunteers, November 29, 1862. 

He commanded his regiment in the Army of the Potomac, to February 26, 
1862; commanded brigade in Second Corps, to July 10. 1862; on sick leave to 
September, 1862; commanding Third Brigade, Second Division, Second 
Corps, to September 17, 1862, when severely wounded at the battle of An- 
tietam, Md, ; absent on account of wounds to November 27, 1862. Member of 
Military Commission, etc.. to May, 1863; commauding post of Philadelphia. 
Pa.. June 16 to August 27, 1863; Second Division, Thirteenth Corps, Septem- 
ber 2S to October 36, 1863; Thirteenth Corps to January 9, 18(34; commanding 
troops on coast of Texas, to March 11, 1864; F^st Division, Thirteenth Corps, 
to April 1,1864; awaiting orders to April 2.3, HB4 ; on inspection duty, under 
orders of the Secretary of War, to August 7, 1861; commanding district of 
■Vicksburg to October 15,1864; SLxteenth Army C'orp.s, to December 8, 18W: 
and Department of Mississippi, to May 12, 1865. Awaiting orders tmtil he re- 
Bigned, May 27, 186.5. 

He tendered his resignation "ln\'lewof the immediate close of the war. 
and with the opinion that my this] services will not now be longer re- 
quired." 

J. C. KELTON, Adjutard-Qeneral. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 



WILLIAM E. WOODBRIDGE. 

The bill (S. 131) referring to the Court of Claims the claim of 
William E. Woodbridge for compensation for the use by the 
United States of his invention relating to projectiles, for which 
letters patent were ordered to issue to him March 25, 1852, was 
considered as in Committee of the Whole. 

The bill was reported to the Senate without amendment. 

Mr. COCKRELL. I move in line 4, bofore the word " inven- 
tion," to insert the word " alleged." as that is the very queslion 
that is to bo inquired into. It does not change the materiality 
of the bill at all. 

The amendment was agreed to. 

The bill was ordered to be engrossed for a third reading, i-cad 
the thii-d time, and passed. 

MRS. SARAH ELIZAIiKTH IIOLROYD. 

The bill (S. i:i3) for tlie relief of Mrs. Sarah Klizabeth Holroyd, 
widow and administratrix of the estate of John Holroyd, do- 
ceased, was considei'cd as in Committee of tlie Whole. It pro- 
poses to pay to Mrs. Sarah Elizabeth Holroyd, widow and admin- 
istratrix of the estate of .lohn Holroyd, deceased, $1,0U(), in full 
consideration for the entire past and future use by the Govern- 
ment of the patented hook and eye for tackle blocks of .lohn 
Holroyd. 

The bill was reported to the Senate without amendm.'nt, or- 
dered to ba engrossed for a third reading, i-ead the third time, 
and passed. 

MICHAEL P. SMALL. 

The bill (S. 258) for the relief of Lieut. Col. Michael P. Small, 
United States Army, was announcad a? next in order. 

Mr. M ANDERSON. I think within a very short time we shall 
probably have a House bill identical v.-ith that. and lask thatthe 
bill be passsd over without prejudice, retaining its place on the 
Calendar. 

The PRESIDING OFFICER. The bill will bo passed over 
without prejudice, if there ba no objection. 
WILLIAM H. ATKINS. 

The bill (S. loOl) for the relief of William H. Atkins, formerly 
commissary sergeant United States Army, was considered as in 
Committee of the Whole. It proposes to pay to William H. At- 
kins, of St. Augustine, Pla., $145, the amount due himfor travel 
])ay and allowances from the place of his discharge to the place 
of his enlistment, as an honorably discharged soldier from the 
United States Army, under section 1290, Revised Statutes. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third realing, read the third time, 
and passed. 

.A.RMY REORGANIZATION. 

The bill {S. 2170) to reorganize the artillery and infantry of the 
Army, and to increasa its efficiency, was considered as in Com- 
mittee of the Whole. 

The bill provides that the artillery force of the Army now au- 
thorized by law shall be reorganized into seven regiments of not 
more than twelve batteries each. Each regiment of artillery 
shall consist of one colonel, one lieutenant-colonel, three majors, 
twelve captains, eleven first lieutenants, ten second lieutenants, 
and the enlisted men authorized by law, which may be organized 
into batteries and battalions composed of such number of officers 
and men as tho President may direct. But the regim;?nts shall 
be officered by the promotion and transfer of the officer.? now in 
the artillery according to their seniority, and any vacancies 
thereafter remaining in the grade of second lieutenant shall be 
filled in the manner now authorized by law. No appointments 
to the grade of first lieutenant shall be made until the first lieu- 
tenants now in service who become supernumerary by the organ- 
ization herein provided shall have been absorbed. All promo- 
tions shall be subject to the examination prescribid by law. The 
President, in his discretion, may authorize the enlistment of 
colored men for service in any one or more of these regiments. 
It further provides. That each regiment of infantry shall consist of one 
colonel, one lieutenant-colonel, two majors, twelve captains, ten first lieuten- 
ants, eight second lieutenants, and the enlisted men authorized by law, and 
may be organized into companies and battalions, com^)osed of such number 
of officers and men as the President maj' direct. Original vacancies hereby 
created shall be tilled by promotion according to seniority in the infantry 
arm. subject to the exauiination required by law. 

The duties of regimental adjutants and quartermasters are to be performed 
by lieutenants detailed to such duty, without extra pay. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

ROCK CREEK RAILROAD COMP.\NY. 

The bill (H. R. 6286) to amend the charter of the Rock Ci-cek 
Railroad Company was considered as in Committee of the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 



3246 



CONGRESSIONAL RECORD— SENATE. 



Apeil Ic), 



BUILDING STONE ON PUBLIC LANDS. 

Tlio bill (S. 1273) to authorize the entry of lands chiefly valua- 
ble foi' building' stone under the placei'-mining laws was anuounced 
as next in order on the Calendar. 

]\Ir. DOLPH. I see that the Senator from Nevada [Mr. Stew- 
art] is present, who reported that bill. I should like to ask him 
if ho considered in that connection the act, I think, of 1878, known 
as the timber and stone act, by which a quarter section of any 
lands chieliy valuable for stone may be purchased by any one 
person at $2.50 an acre, and if that is not ample provision for the 
purchase of lands containing building stone, and if this proposed 
act would not be in conflict with it. 

Mr. STEWART. The Senator from South Dakota [Mr. Pet- 
TIGEEW] introduced the bill. 

The PRESIDING OFFICER. The Senator from Nevada will 
suspend for a moment. The bill had better be read. 

The Chief Clerk read the bill, as follows: 

Be it enacted, etc.. That any person antliorized to enter lauds under the min- 
ing laws of the United Stales may enter lands that are chiefly valuable for 
building stoue under the provisions of the law in relation to placer mineral 
claims: Provided, That lands reserved for the benellt of the puhUo schools 
or donated to any State shall not he subject to entry under this act. 

Mr. STEWART. I do not see the Senator from South Da- 
kota in his seat. He introduced the bill. I see no objection to 
allowing a small quantity to be purchased at $2.50 an acre. He 
thought it would be more convenient for parties desiring stone 
to enter it in small quantities than under the former law. It 
does not interfere with the other act. It is rather an amplifica- 
tion of the former law, as he has stated. 

Mr. DOLPH. I wish the Senator would let the bill be passed 
over temporarily and examine the other act. 

Mr. STEWART. I will do so. 

Mr. DOLPH. The timber and stone act is confined to the 
Pacific coast States, and I think all that is necessary or that is 
desired in other States would be to extend the provisions of the 
act to other States. I do not think a person is required to take 
160 acres of stone land under that act; I think he may purchase 
at least a subdivision: but I will look it tip and sec the Senator. 

Mr. STEWART. Let the bill be passed over until the Stma- 
tor from South Dakota is here. He will explain more particu- 

t^ly what he desires to have accomplished by it. 

PARDONS BY DISTRICT COMJIISSIONERS. 

The biirjs. 1886) to authorize the Commissioners of the Dis- 
trict of Columbia to grant pardons and respites in certain cases 
was considered as in Committee of the Whole. It provides that 
the Commissioners of the Districtof Columbia maygrantpardons 
and respites for offenses against the late corporation of Wash- 
ington, the ordinances of Georgetown, and the levy court, the 
laws enacted by the Legislative Assembly, and the police and 
building regulations of the District. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed . 

PUBLIC BUILDING AT LEXINGTON, VA. 

The bill (S. 1541) for the erection of a public building at the 
town of Lexington, Va., was considered as in Committee of the 
Whole. 

The bill was reported from the Committee on Public Buildings 
end Grounds, with amendments, in line 12, before the word 
"thousand," to strike out "fifty" and insert "twenty-five;" in 
lino 21, before the word "thousand," to strike out "fifty" and 
insert "twenty-five;" and in the same line, after the word 
"building," to insert "which sum is hereby appi'opriated;" so 
as to read: 

The site and building thereon, when completed upon plans and specifica- 
tions to be previously made and approved by the Secretary of the Treasury, 
Shall not exceed in cost the sum of $25,000; nor shall any site be purchased 
until estimates for the erection of a building which will fm-nish sufficient 
accommodations lor the transaction of the public business, and which shall 
notexceediucost the balance of the sum herein limited after the site shall 
have been purchased and paid for, shall have been approved by the Secretary 
of the Treasury; and no purchase of site nor plan for said building shall be 
approved by the Secretary of the Treasm-y involving an expenditure exceed- 
ing the said sum of $25,000 for site and building, which sum is hereby appro- 
priated. 

The amendments were agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

SARAH K. M'LEAN. 

The bill (S. 1026) for the relief of Sarah K. McLean, widow of 
the late Lieut. Col. Nathaniel H. McLean, was considered as in 
Committee of tho Whole. It directs the proper accounting offi- 
cers to settle and adjust to Sarah K. McLean, widow of the late 
Lieut. Col. Nathaniel H. McLean, all back pay and emoluments 



that would have been due and payable to Nathaniel H. McLean 
as a major from July 23, 1864, to the date of his reinstatement, 
March 3, 1875. 

Mr. COCKRELL. The bill is on the Calendar upon a majority 
re]jort from the Committee on Military Affairs. At the last Con- 
gress there was both a majority and a minority report made. In 
the present Congress the reisort of the majority simply refers to 
the former report. The objection the minority of the commit- 
tee had, of which minority I was one, was that this officer volun- 
tarily resigned in 180 1, and by special act of Congress in 1875 was 
authorized to be appointed back to the Army. He was out of 
the service during the interval, performed no service for the Gov- 
ernment directly or indirectly, and devoted his whole time and 
attention to his own private affairs. The bill now proposes to 
pay his widow his salary betv.'een 1864 and 1875, and we do not 
think there is any equity, justice, or right in it. I simply want 
to place the minority of the committee upon the record as oppos- 
ing the bill. 

Mr. DAVIS. The bill was reported favorably in the Fiftieth 
and Fifty-first Congresses. It passed the Senate in the last Con- 
gress. The legal elements of the bill and the questions of fact 
are quite complicated, although so far as the legal aspects are 
concerned they are to my mind free from doubt. 

Maj. McLean at an early period of the war wasi-elievedof dutj- 
in the East and sent to Fort Vancouver, in Oregon, by a proceed- 
ing which in all of its elements was of the most tyrannical char- 
acter. He resigned. So much feeling existed on the subject 
that in the Forty-third Congress, after full delilDeration and an 
exhaustive report, an act was passed authorizing the President 
either to appoint Maj. McLean to the first vacancy in the office 
of the Adjutant-General, or in his discretion to reinstate him. 
It will be perceived that the act thus recommended and passed 
gave the President an alternative course of action, either to aj>- 
point this oflicer and put him anew into the office or, with a view 
of rectifying the injustice which had been done him, to reinstate 
him and appoint him to the grade to which he would have at- 
tained had not the unjust proceeding toward him been perpe- 
trated. President Grant, instead of appointing this officer and 
putting him thus as it were anew into tho Army, proceeded to 
reinstate him. 

Without going at length into the legal considerations which 
have brought the majority of the committee to the conclusion at 
which they have arrived, it will suffice for present purposes to 
say that it is the opinion of a majority of the committee that the 
act of reinstatement operated in legal contemplation as a com- 
plete cancellation of what had been done to him and restored 
matters to the exact status that they would have occupied had 
he not received the treatment he did. We did not proceed with- 
out judicial authority upon this subject. I shall not go into it at 
length here. It is in the report referred to. The same state of 
facts was exhaustively considered in the case of Maj. Collins, 
where the precise phraseology was employed as to reinstatement, 
and he recovered his pay under a judgment of the Court of Claims 
and it was allowed by Congress. The time when he was out of 
the service was about the same as that of Maj. McLean. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

ECLECTIC MEDICAL SOCIETY OP THE DISTRICT OF COLUMBIA. 

The bill (S. 741) to incorporate the Eclectic Medical Society of 
the District of Columbia was considered as in Committee of the 
Whole. 

The bill was reported by the Committee on the District of 
Columbia with an amendment, to strike out all after the enacting 
clause and insert: 

ThatT. A. Bland, August P. Lighthill. AV. S. Bevcr, Magnus L. JuUhn, M. 
Cora Bland, J. A. Rowland, and Marie Taylor, and their associates and suc- 
cessors, physicians, be, and they hereby are, made a corporation by the name 
of the Eclectic Medical Society of the District of Columbia, with all the 
powers and privileges, and subject to all the duties, liabilities, and restric- 
tions set forth in this act. 

Sec. 2, That the said corporation may hold real and personal estate to the 
amount of $20,000. ^ ^ 

SEC. 3. That the said Eclectic Medical Society Is hereby empowered, from 
time to time, to make such by-laws, rules, and regulations as they may And 
necessary, and do and perform such other things as may be requisite for 
carrying this act into effect and which m<ay not be repugnant to the Consti- 
tution and laws of the United States. 

Sec. 4. That the said EelectJ»Medical Society of the District of Columbia 
is hereby endowed with all tm rights, privileges, and immunities that ap- 
iiertaln to other medical societies of the District of Coltiinbia. 

SEC. 5. That all acts and parts of acts inconsistent with the prortsions of 
this act are hereby repealed. 

Tho amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was conctu-red in. 

The bill was ordered to be engrossed for a thii-d reading, read 
the third time, and passed. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3251 




was considered as in Committee of the Whole. It directs the 
Secretary o£ the Ti-easury to pay to the Southern Railroad As- 
sociation, lessees of the Mississippi Central Railroad Company, 
$4,636.01 in payment of certain Post-Ofiace Department drafts in 
favor of W. Goodman, president of the Mississippi Central Bail- 
road Company, dated August 17, 1861, in payment for mail trans- 
portation from April 1 to May 31, 1861, returned and canceled in 
April and May, 1860. 

The hill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time 
and passed. 

P.\RDONS AND RESPITES IN' THE DISTRICT OF COLUCTBl.\ 

Mr. PERKINS. The Senate has passed Order of Business 
297. being the bill S. 1886. Subsequently to the reporting of 
that bill House bill 1129, Order of Business 420, was reported. I 
ask unanimous consent to reconsider the vote by which the Sen- 
ate bill was passed and to take up the House bill, which is on the 
Calendar, and which is tho same as the Senate bill. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill (H. R. 4429) to cmiower 
the Commissioners of the District of Columbia to grant respites 
and pardons in certain cases. It authorizes the Commissioners 
of the District of Columbia to grant pardons and respites for of- 
fenses against the late corporation of Washington, the ordinan- 
ces of Georgetown, and the levy court, the laws enacted by the 
legislative assembly, and the police and building regulations of 
the District. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third timr , and passed. 

Mr. PERKINS. I ask that the Senate bill on the same sub- 
ject bo indefinitely postponed. 

The VICE-PRESIDENT. The vote by which the Senate bill 
on the same subject was passed will be reconsidered, and the bill 
will be indefinitely postiwned, if there be no objection. The 
Chair heai-s none. 

ROBERT CARRICK. 

The bill (S. 14.58) for the relief of Robert C^arrick, late first lieu- 
tenant of the Eighth United States Cavalry, was announced as 
next in order. 

Mr. PROCTOR. At the request of the Senator who reported 
that bill I ask that it be recommitted to the Committee on Mili- 
tary Affairs. 

The VICE-PRESIDENT. The bill will be recommitted to the 
Committee on MUitai-y Affairs, if there be no objection. The 
Chair hears none. 

NOAH SEANOR. 

The bill (S. 1630) for the relief of Noah Seauorwas considered 
as in Committee of the Whole. It directs the Commissioner of 
Pensions, in lieu of pension certificate numbered 199010, issued 
February 24, 1883, to Sarah A. Seanor, dependent mother of 
Harrison Seanor, to issue a certificate to Noah Seanor for $1 ,9C0. 13, 
the amount of arrears of pension granted and about to bo jiaid 
W> Sarah A. Seanor when she died, and transmit the same to 
Noali Seanor, with proper vouchers; and, upon the return of 
the vouchers to the Pension Office properly executed, there shall 
be made and transmitted to Noah Seanor a check for $1,990.13, 
which when paid shall be a final and full satisfaction of the pen- 
sion granted Sarah A. Seanor of the 24th day of February, 1883, 
aforesaid. 

Mr. COCKRELL. The word " of,'' in line 18, should be stricken 
out and "on" inserted. It should l>e ''on the 24th day of Feli- 
ruary, 1883." 

The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. Inline IS, after the name "Seanor," it is 
proposed to strike out "of" and insert ''on; " so as to read: 

a linal aiid full satisfaction ot the pension granted tUe said Sarah A. Seanor 
on tlie 24tli day ol February, 18S3, aforesaid. 

Tho amendment was agreed to. 

Tho bill was reported to the Senate as amended, and tho 
amendment was concurred in. 

The bill was ordered to bo engrossed for a third reading, i-ead 
the third time, and passed. 

The preamble was agreed to. 

FIREPROOF BUILDING FOR NATIONAL, MUSEUM. 

The bill (S. 1758) to provide for the erection of an additional 
fireproof building for the National Museum was announced as 
next in order. 

Mr. COCKRELL. The Senator reporting and introducing 
that bill is not here. Let it be passed over without prejudice, 
retaining its place on the ])resent Calendar. 

The VICE-PRESIDENT. The bill will be passed over with- 
out prejudice. 



BUILDING FOR UNITED STATES SUPREME COURT. 

The bill (S. 828) authorizing tho purchase of a site for a build- 
ing for the accommodation of the Supreme Court of the United 
States was announced as next in order. 

Mr. COCKRELL. Let that be passed over without prejudice. 

The VICE-PRESIDENT. The bill will be passed over with- 
out prejudice. 

STATUE OF CHRISTOPHER COLUMBUS. 
joint resolution (S. R. 15) for the erection and location of 

bronze statue of Christopher Columbus and the removal of tho 
Naval Monument to a new site was announced as next in order. 

Mr. COCKRELL. Let that bill be passed over without preju- 
dice. 

The VICE-PRESIDENT. The bill will be passed over with- 
out prejudice. 

INCRKtVSED PAY OF ARMY NONCOMMISSIONED OFFICERS. 

The bill (S. 1721) to inci-ease tho pay ot certain noncommis- 
sioned officers of the Army was considered as in Committee of 
the Whole. 

The bill was reported from the Committee on Military Affairs 
with an amendment, in line 7, after the word "sergeant," where 
it occurs the second time, to strike out "thirty" and insert 
"thirty-four;" so as to make the bill read: 

lie it enacted, etc., That on and after the 1st day of July, ISS-I, the pay per 
month ot the following noncommissioned offleers ot the line of tho ^Vi-my 
shall be as follows: 

Sergeant-major, J.'iO: regimental quai'termaster-sergeant, $S0; Hrst ser- 
geant. 134: sergeant, iiSO; corporal. $16; and all shall receive the Increase of 
pay for lengtii of service as provided by law. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and theamcnd- 
ment was concurred in. 

The bill was ordered to be eugi-ossed for a third reading, read 
the third time, and passed. 

PUBLIC BUILDING AT BROCKTON, MASS. 

The bill (S. 699) for the erection of a public building at Brock- 
ton, Mass,, was considered as in Committee ot the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

PUBLIC BUILDING AT GRAND ISLAND, NEBR. 

The bill (S. 1574) to provide for the purchase ot a site and tho 
erection of a public building thereon at Grand Island, in the 
State of Nebraska, was considered as in Committee of the Whole. 

The bill was reported to the Senate without amendment, 
ordered to be engrossed for a third reading, read the third time, 
and passed. 

CLASSIFICATION OF CEREALS. 

Mr. SHERMAN. Mr. President, I ask the consent of the Sen- 
at:^ for the considei-ation ol Order of Business 456, which I think, 
on being read by its title, will convey the rea-sons for it. I think 
it ought to bo passed. It is in i-egard to fixing a uniform classi- 
fication of wheat, corn, oats, barley, etc. 

The VICE-PRESIDENT. The title of the bill will bo stated. 

Tlie SECRETARY. A bill I S. 797 ) to provide for fixing a uni- 
form classification and grading of wheat, corn, oats, rye, barley, 
and for other purposes. 

Mr, COCKRELL. If it will take no time and lead to no dis- 
cussion I shall not object; otherwise I shall. 

Mr. SHERMAN. I think it will take no time. 

There being no objection, the Senate, as in Committee of tlie 
Whole, proceeded to consider the bill (S, 797) to provide for fix- 
ing a uniform classification and grading of wheat, corn, oats, rye, 
barley, and for other purposes. 

The bill was reported from the Committee on Agriculture and 
Forestry, with an amendment at tho end of section 3 to insert: 

Provided, however. That in interstate trade or commerce in grain, it the 
consignor thereof, or his authorized agent, shall so direct, public inspection, 
classilication. or grading shall not be reqtured nor made when said grain is 
consigned to the owner thereof or to hLs authorized agent or to a mill or pri- 
vate storehouse; or, tor deposit in a special tain, to a public warehou.se; or. 
the purchaser consenting, to a purchaser thereof; or. if consigned to a mar- 
ket where the usages of trade recognize sales of grain by sample, when tho 
consignor shall direct its sale by sample. 

Mr, GRAY. I should like to ask the Senator from Ohio to 
state briefly what is the scope of this bill. I tried to listen to 
tho reading of it, but whether it comes under the constitutional 
power to regulate weights and measures I did not understand, 
so far as I could gather from tho reading. 

Mr. SHERMAN. I do not think the question of the power of 
Congress to deal with these matters is included, because I tliink 
it comes fairly within the provision authorizing the establish- 
ment of weights and measures. 

The passage of this bUl is, I bslieve, requested by nearly all 
of the Farmers' Alliances in the United States, especially in the 
Northern States, where wheat and these cereals are grown. 



3252 



CONGRESSIONAL RECORD— SENATE. 



April 13, 



Hitherto the rules of classification have been determinoLl by 
boards of trade; for instance, at Chicago we might have one rate, 
in Wisconsin another, n]i at the headwaters of Lake Superior an- 
other, at Buffalo another, and at Cleveland another. There is 
some disereijaney in their rules, and this bill is to enable the 
Secretary of Agriculturo to determine the correct classification, 
etc., and it is made a matter of rccoi'd. It does not interfere 
with the right to make contracts for any other mode of classifi- 
cation, but merely establishes certain grades. 

Mr. GRAY. 1 ask the Senator, for information, this question: 
It appears from what the Senator has just said that the bill re- 
fers to the classification of quality and grading of the different 
cereals spoken of in the bill, and not at all to fixing the standard 
of weights and measures^ 

Mr. SHERMAN. I do not think thei-o isany doubtabout that. 
It does not interfere with contracts, but it does make uniform 
certain classifications which are established by this bill. I do 
not think there is any question about the power of Congress to 
do what is proposed. 

Mr. PADDOCK. It does not bear any relation whatever to 
the standard of weights and measures. It does not in any respect 
affect the standard of weights and measures. 

Mr. GRAY. Does it refer, or can it be referred to at all, to 
the power granted in the Constitution to fi.x the standard of 
weights and measures'? If it can not, to what legislative power 
can it be referred? 

Mr. PADDOCK. It relates simply to interstate-commerce 
transactions and nothing else, transactions between States— the 
shipments of grain from one State to another. It is a carefully 
drawn and conservative bill. 
Mr. SHERMAN. It is a regulation of commerce. 
Mr. GRAY. Does the bill so state? 

Mr. PADDOCK. The bill clearly states that it refers to inter- 
state commerce, and the rule as to the standards of weights and 
measures under existing law is recognized and is in no respect 
to be interfered with. 

Mr. GRAY. I should like to have that part of the bill read 
again. I think it is a matter of some importance. 

The VICE-PRESIDENT. The part of the bill referred to will 
be read. 
Mr. SHERMAN. Read the third section again. 
The Chief Clerk read section 3 of the bill as proposed to be 
amended, as follows: 

Sec. 3. That from and after thirty (lays after jsuch classifications and 
grades have been determined upon and fixed, and duly placed on record as 
herein provided, .such classlflcatiou and grading shall be taken and held to 
be the standard in all interstate trade and commerce in grain in all cases 
when no other standard is agreed upon: rrooided, koweeer.Tb-xt in inter- 
state trade or commerce in grain, if the consignor thereof, or his authorized 
agent, shall so direct, public inspection, elassificatlou, or grading shall not 
be required nor made when said grain is consigned to the onmer thereof, or 
to his authorized agent, or to a mill or private storehouse; or, for deposit 
in a special bin, to a public warehouse; or, the purchaser consenting, to a 
purchaserthereof; or, if consigned to a market where the usages of trade 
recognize sales of gi'aiu by sample, when the consignor shall direct its sale 
by sample. 

Mr. SHERMAN. I was about to say that not only have some 
of the Legislatures asked for this uniform rule, but the Farmers' 
Alliances have requested it. I have had many letters about it. 
This bill was prepared to carry out their views, so that there 
may be no dispute or litigation in regard to the grade of wheat 
that is sold. 
, Mr. GRAY. Who is to make the classification? 

Mr. SHERMAN. The Secretary of Agriculture is to have 
charge of the matter. The bill provides for that. 

Mr. HOAR. The gist of the bill is in the first six lines of the 
third section. Let those be read again. The other is merely a 
definition or classification established by this public officer. 

The VICE-PRESIDENT. The lines referred to will be read. 

The Chief Clerk read the lines referred to. 

Mr. COCKRELL. Let us vote on the bill or let it go over, one 
or the other. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the committee. 

The amendment was agreed to. 

Mr. JONES of Arkansas. Were the lines read by the Secre- 
tary stricken out? 

Mr. COCKRELL. Oh, no. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The bill was ordered to be engrossed for a third i-eading. read 
the third tiiae, and passed. 

ESTATE OF ISAAC W. TALKINGTON. 

The bill (S. US) for the relief of the estate of Isaac W. Talk- 
ington, deceased, was considered as in Committee of the Whole. 
It proposes to pay to the estate of Isaac W. Talkington, deceased, 
late of Pope County, in the State of Arkansas, $200, erroneously 
paid to the United "States for the north half of southeast quarter 



of section 21, township 7 north, range 18 west, of the fifth prin- 
cipal meridian. 

The bill was reported to the Senate without amendment, 
ordered to be engrossed for a third reading, read the third time, 
and passed. 

FORFEITURE OP RAILROAD LAND GRANTS. 

The bill {S. 1380) to amend an act entitled "An act to forfeit 
certain lands heretofore granted for the purpose of aiding in the 
construction of railroads," and for other purposes, was consid- 
ered as in Committee of the Whole. 

The bill was reported from the Committee on Public Lands 
with amendrrients, in line 7, after the word " persons," to strike 
out '' in possession of " and insert '' actually residing upon;" and 
inline 9, after the word "quantities," to insert " and upon the 
terms;" so as to make the bill read: 

Jleit enacted, etc.. That section 3 of an act entitled "An act to forfeit certain 
lands heretofore granted for the purpose of aiding in the construction of 
railroads, and for other purposes," be, and the same is, amended so as to 
extend the time within which persons actually residing upon lands forfeited 
by said act shall be permitted to purchase the same in the (juantities and 
upon the terms provided in said section at any time within three years from 
the passage of said act. 

Tlie amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

PURCHASERS OF TIMBER AND STONE LANDS. 

The bill (S. 2275) for the relief of purchasers of timber and 
stone lands under the act of June 3, 1878, was considered as in 
Committee of the Whole. It provides that hereafter all neces- 
sary affidavits and jiroofs required by law of any purchaser of 
lands under the provisions of an act entitled "An act for the sale 
of timber lands in the States of California, Oregon, Nevada, and 
Washington Territory," in order to perfect his title to those 
lands, may be made before any officer qualified to take proof in 
homestead cases. 

The bill was I'eported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

R. 13. WOODSON. 

The bill (S. 1940) for the r._4ief of R. B. Woodson was consid- 
ered as in Committee of the Whole. 

Mr. COCKRELL. In line 4, 1 move to insert the letters "on," 
after the word " Woods," so as to read "Woodson;" and then in- 
sert "postmaster at Gaines;" so as to make the bill correspond 
with the report and read: " R. B. Woodson, postmaster at Gaines- 
ville." 

The amendment was agreed to. 

The bill was reported from the Committee on Post-Offices and 
Post-Roads with an amendment, in line 6, before the word 
"funds," to strike out " postal order " and insert " money order;" 
so as to make the bill real: 

lie it enacted, etc., That the Postmaster-General be, and is hereby, author- 
ized and directed to allow R. 13. Woodson, postmaster at Gainesville, Ala., 
a credit for the sum of $143. monev-order funds collected by him and lost in 
transit from Gainesville. Ala., to Mobile, Ala., on or about September 23, 
1889, and which the Postmaster-General was unable to allow to said post- 
master as a credit under existing laws, and which amount was paid and lost 
by said postmaster. The Postmaster-General is authorized and directed to 
refund said sum of $143 to said Woodson, and take Ills receipt in lull satis- 
faction of said claim. An .amount sufficient to refund said sum of S142 is 
hereby appropriated out of any money in the TYeasury not otherwise appro- 
priated. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third i-eading, read 
the third time, and passed. 

FOND DU LAC INDIAN RESERVATION. 

The bill (S. 2081) to grant to the Duluth, Missabe and Northern 
Railway Company a right of way through the Fond du Lac In- 
dian Reservation, in the State of Minnesota, and for other pur- 
poses, was considei-ed as in Committee of the Whole. 

The bill was reported to the Senate without amendment. 

Mr. COCKRELL. I move at the end of the bill to stride out 
the period and insert a semicolon, and to insert the following 
proviso: 

rrovided. That Congress reserves the right to alter, amend, or repeal this 
act. 

That is omitted I see in the bill. 

The amendment was agi-ced to. 

The bill was ordered to hi engrossed for a third reading, read 
the third time, and passed. 

GUN FACTORY ON PACIFIC COAST. 

The bill (S. 537) to provide for the establishment of a gun fac- 
tory for the finishing and assembling of heavy ordnance on the 
Pacific coast was announced as next in order. 



i 



1892. 



CONGRESSIONAL EECORD— HOUSE. 



3255 



ate, to appoint liim in the Army to be chief o£ the office, who 
shall havo the rank, pay, and allowances of a colonel, and shall, 
under the Secretary of War, have charge of the mUitary and 
hospital records of the volunteer ai-mies and the pension and o-;her 
business of the War Department connected therewith. 

Mr. HAWLEY. I made some objection to this bill that was 
passed at a previous Congress. If I recollect aright, it was vetoed: 
it failed to become a law, at any rate. I do not care to renew that 
objection if anybodv will assure me that the General of the Army, 
an accomplished soldier, and the President of the United Stales, 
an admirable lawyer as well as statesman, are satisfied with this 
form of bill. Does anv body know? 

Mr. COCKRELL. There is a letter from the Commanding 
General expressly approving it, and I say, not officially, that the 
Attoruey-Genera'l has approved of it. 

Mr. HAWLEY. It is not a question of legality. I do not 
care so much about the opinion of the Attorney-General_ upon 
this as I would upon some other questions. It is a question of 
the wisdom of giving a promotion of two grades and a permanent 
office to a gentleman holding a position in the Army. The bill 
makes him a colonel in the Army practically for life, performing 
civil duty, and not a removable officer, as I understand it, like 
otherofii'cers, who are removable or whose details may be changed. 
I am not questioning in any degree the remai-kable ability and 
merit of this gentleman, Maj. Ainsworth, and I say I do not re- 
new any real objection to the bill. I do not think it is a wise 
way of rewarding mex-it. I would gladly vote him a salary of 
$5,000 a year, and if necessary a vote of thanks from Congress. 
I do not "object to the bill. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

WILLAMETTE RIVER LIGHTS AND BUOYS. 

The bill (S. 720) making an appropriation for the establish- 
ment and maintenance of range lights and buoys at twenty-five 
different points on the Willamette River, between the cities of 
Salem and Portland, in the State of Oregon, was considered as 
in Committee of the Whole. 

The bill was reported from the Committee on Commerce with 
amendments, in line 3, before the word "dollars," to insert " five 
thousand:"' in line 6, after the word "maintai nin g," to strike out 
"range lights and buoys at thirty-five" and insert "beacon 
lights and°buoys at twenty-five;" so as to make the bill read: 

Se it enaded. etc.. That the smn of So.OOO be. anfl the same i.s herehj". appro- 
priated, oiU ot any monevs in the Treasury not otherwise appropriated, for 
thepiu'pose of establishinc: and maintainins beacon lights and buoys at twea- 
ty-five different points on "the Willamette Klver between the cities of Salem 
and Portland, Oregon, the same to be exirended tmder the direction ot the 
Secretary of the Treasury. 

The amendments were agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

The preamble was agreed to. 

The title of the bill was amended so as to read: "A bill mak- 
ing an appropriation for the establishment and maintenance of 
beacon lightg and buoys at twenty-five different points on the 
Willamette River, between the cities of Salem and Portland, in 
the State of Oregon." 

ESTATE OF JAMES L. DAY. 

Mr. I^IcMILLAN. I move that the Senate proceed to the con- 
sideration of executive business. 

Mr. PLATT. I wish the Senator would withhold the motion 
until the next bill is considered. It will not take any time. 

Mr. MCMILLAN. Very well. 

The bill (S. 22T1) for the relief of Nancy E. Day, administra- 
trix of the estate ot James L. Day, deceased, was considered as in 
Committee of the Whole. It proposes to pay Nancy E. Day, ad- 
ministratrix of the estate of James L. Day, deceased, late of 
Norwich, Conn.. $3,0-11. 66, in payment and satisfaction of tht. 
amount found due from the United States to her by the Court of 
Claims upon a reference of her claim to that court by the Post- 
master-General, under the provisions of an act of Congress ap- 
proved March 3, 1SS3, entitled "An act to afford assistance and 
relief to Congress and the Executive Departments in the investi- 
gation of claims and demands against the Government." 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third tiipe, 
and passed. 

EXECUTIA-E SESSION. 

Mr. MCMILLAN. I move that the Senate proceed to the con- 
sideration of executive business. 
The motion was agreed to; and the Senate proceeded to the 



consideration of executive business. After five minutes spent in 
e.xecutive session the doors were reopened, and (at u o'clock p. 
m.) the Senate adjourned until to-morrow, Thui-sday, Api'il 1-1, 
1892, at 12 o'clock m. 



NO^nNATIONS. 
lExecuiive iwminations received by the Senate April IS, 1S9S. 

COLLECTOR OF CUSTOMS. 
Henry Z. Osborne, of California, now collector of customs for 
the district of Wilmington, in the .State of California, to be col- 
lector of customs for the district of Los Angeles, in the State of 
California, under the provisions of the act of Congress approved 
March 31, 1892. 

SURGEON IN MARINE HOSPITAL SERVICE. 
Passed Assistant Sure. William A. Wheeler, of Indiana, to be 
a surgeon in the ^Marine Hospital Service of the United States. 

CHIEF ENGINEER IN NAVY. 

Passed Assistant Engineer John A. B. Smith, to be a chief en- 
gineer in the Navy, from the 16th of Februarj-, 1892, vice Chief 
Engineer Montgomery Fletcher, retired. 

PROMOTIONS IN THE ARMY. 

Cavalry arm. 

Capt. Mvles Moylan. Seventh Cavalry, to be major. April S, 
1892, vice "Montgomery, Tenth Cavalry, retired from active serv- 
ice. 

First Lieut. John C. Gresham, Seventh Cavalry, to be captain, 
April 8, 1892, vice Moylan, Seventh Cavalry, promoted. 

Second Lieut. SelairR. H. Tompkins, Seventh Clavali-y, to bo 
first lieutenant, April 8, 1892, vice Greshair Seventh Cavalry, 
promoted. 

Second Lieut. Charles W. Parbar, Eighth Cavalry, to be fii-st 
lieutenant. April 5, 1892. vice Dravo, Sixth Cavalry, who resigns 
his line commission on accepting his appointment as captain and 
commissai'y of subsistence. 

APPRAISER OF MERCHANDISE. 

WUliam C. Ralston, of California, to be appraiser of merchan- 
dise in the district of San Francisco, in the State of California, 
to succaed Charles M. Leavy, removed. 

POSTMASTER. 

Charles L.Perry, to be postmaster at New Rochelle, in the 
county of Westchester and State of New York, in the place of 
John P. Cashen, whose commission expired March 20, 1892. 



HOUSE OF EEPEESENTATIVES. 
Wednesday, April 13, 1892. 

The House met at 12 o'clock noon, and was called to order by 
the Speaker. 

Prayer by the Chaplain, Rev. W. H. Milbuen. D. D. 

The" JouiTial of the proceedings of yesterday was read and ap- 
proved. 

CORRECTION. 

Mr. SCOTT. I desire to state that on page 219.5 of the dailj 
Record there is anerror in mystatementas it was printed. My 
statement was that "during the year ending June 30. 1891, there 
v,-ere imported over 1.000,000,000 pounds of tin plate. The Rec- 
ord shows that I said " over 1,000,000 pounds of tin plate" were 
imported. 

The SPEAKER. The correction will be made. 

expenses OF united STATES COURTS. 
The SPEAKER laid before the House aletter from the Secre- 
tary of the Treasury, transmitting a copy of a communication from 
the Attorney-General, submitting estimates of deficiencies in the 
appropriations for expenses of United States courts for the cur- 
rent fiscal year; which was referred to the Committee on Ap- 
propriations. 

CHIEF CLERK, OFFICE OF INDIAN AFFAIRS. 

The SPEAKER laid before the House a letter from the Secretary 
of the Interior, transmitting a copy of a communication from the 
Co mjiiffe ioner of Indian Aftairs, explaining the imjiortance of a 
chjjjpKerk being provided for the office of Indian Affau-s; which 

as referred to the Committee on Appropriations. 

WILLIAM V^^RTZ, DECEASED. 

The SPEAKER laid before the House a communication from 
the Court of Claims, transmitting a copy of the findings of the 
court in the case of William Wirtz, deceased, against the United 
States; which was referred to the Committee on War Claims. 



3256 



CONGRESSIONAL RECORD— HOUSE. 



Apeil 13, 



LEAVE OP ABSENCE. 

By uuanimous consent, leave of absence was granted as fol- 
lows: 

To Mr. Rusk, for five days, on account of important business. 

To Mr. Cutting, for one week, on account of important busi- 
ness. 

THIRD DIVISION OP THE JUDICIAL DISTRICT OF KANSAS. 

Mr. BKODERICK. Mr. Speaker, I ask unanimous consent for 
the present consideration of the bill which I send to the Clerk's 
desk, which went over yesterday. 

The bill was read, as follows: 

J!e it enacted, etc.. That the comities of Miami. Linn, Bom'bon, Crawford, 
Cheroliee. Labette, Neosho, Allen, Anderson, Coffey, Woodson, Wilson, Mont- 
gomery, Chantanqua, Elk, and Greenwood, in the State of Kansas, shall con- 
stitute the third <Uvision of the judicial district of Kansas, and that a term 
of thecirciiit and district courts for said district shall be held therein at the 
city of Fort Scott, on the first Monday of May and the first Monday of No- 
vember of each year. The remaining counties heretofore embraced in the 
first division of the judicial distrtct of Kansas shall constitute the first divi- 
sion thereof. 

Sec. 3. That all civil suits which shall hereafter be brought against a de- 
fendant or defendants who reside in said third division of said district shall 
be brought in said third division; but if there are two or more defendants re- 
siding in different divisions of said district, such suit may be brought in 
either division of said district in which any defendant or defendants reside, 
and all mesne and final process subject to the provisions of this act. Issued 
in either of the divisions of the judicial district of Kansas, may be served 
and executed in either or all of the divisions. 

Sec. 3. That all crimes and offenses asainst the laws of the United States 
hereafter committed \\ithiii the comities comprising the third division of 
said district, and all crimes and off.'nsesagaln.st said laws known and defined 
as infamous hereafter committed within the limits of the Quapaw Indian 
Reservation, in the Indian Territory, and of which the courts in Kansas have 
lieretotore had jurisdiction, shall be lU'usiTuted. tried, and determined atthe 
terms at the district court hereinbefore provided for: Providr/i, That all such 
crimes and offenses heretofore committed within said districtshail be prose- 
cuted, tried, and determined in the same manner and with the same effect as 
if this act had not been passed. 

Sec. 4. That the clerks of the circuit and district courts for said district 
and the marshal of said district shall each appoint a deputy, who shall reside 
and maintain an otllce at the city of Fort Scott, each of whom shall, in the 
absence of the clerks or marshal, exercise all the powers and perform all the 
duties of his principal within the division tor which he shall be appointed: 
J'rovided, That the appointment of such deputies shall be approved by the 
court tor which they shall be respectivel.v appointed, and they may be re- 
moved by such court at pleasure, and the clerk and marshal shall be respon- 
sible for the official acts and neglects of all their deputies. 

.Sec. 5. That all civil suits and proceedings now pending in the circuit or 
district court of said district of Kansas which would, if instituted after the 
passage of this act, be required to be brought in the third division of said dis- 
trict, may be transferred by consent of all the parties to said third division 
of said district, and there disposed of in the same manner and with like effect 
as if the same had been there instituted; and all process, writs, and recog- 
nizances relating to such suits and proceedings so transferred shall be con- 
sidered as taken at and retmm.able to the term of court in the third division 
of said district in the same manner and with like effect as it they had been 
issued or taken in reference thereto originally. 

The SPEAKER. Is there objection to the present considera- 
tion of this bill':' 

Mr. McMILLIN. I am informed that this was passed over 
yesterday morninfr in order to give the gentleman from Indiana 
[Mr. Holman] an opportunity to look into it. I do not see him 
in his seat, and I hope the gentleman will withhold it imtil he 
is present. 

Mr. CULBERSON. I will state to the gentleman from Ten- 
nessee [Mr. McMillin] that this bill does not ci-eate any new 
office. It simply provides for the holding of a term of the circuit 
and district court at Fort Scott. The same clerk or the same 
deputy clerk will perform the duties. 

Mr. McMILLIN. Have they a public building at Fort Scott'? 

Mr. CULBERSON. I do not kuow. 

Mr. PUNSTON. Yes, sir. 

Mr. McMILLIN. You have a court-house there? 

Mr. FUNSTON. Yes, sir. 

Mr. McMILLIN. How many districts are there in the State? 

Mr. BRODELIICK. There are two divisions of the district. 

Mr. McMILLIN. How many places are there at which court 
is held? 

Mr. BRODERICK. The Federal court is held at three places 
now. This will make a third division, but a fourth place at 
which terms of the Federal court are held. 

Mr. McMILLIN. I understand it does not increase the ex- 
pense? 

Mr. CULBERSON. No, sir. 

Mr. BRODERICK. I would not call up this bill in the ab- 
sence of the gentleman from Indiana [Mr. Holman], if it were 
not for the fact that I liave a note from a reputable gentleman, 
saying that the gentleman from Indiana [Mr. Holman] told him 
last evening tliat he would withdraw any opposition to the bill. 

The SPEAKER. Is there objection to the present considera- 
tion of the bill? 

There was no objection. 

Mr. BRODERICK. I move to amend the bill by striking out 
the word "reservation," in line 6, section 3, and substituting 
therefor the word "agency." 



The SPEAKER. If there be no objection, this verbal amend- 
ment will be considered as agreed to? 

There was no objection. 

The SPEAKER. Is there any other amendment? 

Mr. BRODERICK. No other amendment. 

The SPEAKER. Is there no amendment reported by the 
Committee? 

Mr. BRODERICK. No; there are no further amendments. 

The bill as amended was ordered to be engrossed and read a 
third time; and bL'ing engrossed, was accordingly read the thii'd 
time, and passed. 

On motion of Mr. BRODERICK, a motion to reconsider the 
last vote was laid on the table. • 

EXPLANATION. 

Mr. BRAWLEY. Mr. Speaker, I had the honor to submit 
some; remarks on the 23d of March last on the bill for the free 
coinage of silver. Immediately after the conclusion thereof I 
was asked by the Official Reporters whether they should print 
the speech as delivered or whether I would withhold it for revi- 
sion, as the custom was. The remarks were withheld for revi- 
sion, and appeared in the Record on the 25th of March. Th(j 
Record of the 24th of March, however, made no reference to 
the fact that those remarks were delivered on the 23d. I called 
attention to it at the time, my own attention having been directed 
to the matter, and it was said to be a mere omission through 
the inadvertence of some person. I did not think itworth while 
at the time to have it publicly corrected, as it seemed a matter 
of no significance. But the omission has been made the sub- 
ject of injurious comment; and, in the interest of accuracy, I de- 
sire that the Record be corrected and that it shall appear as tho 
fact was. 

The SPEAKER. The statement of the gentleman will go into 
the Record, which will a-iswer the gentleman's purpose. 

ASSESSMENT OP PROPERTY IN THE DISTRICT OP COLUMBIA. 

Mr. JOHNSON of Ohio. Mr. Speaker, I ask unanimous con- 
sent for the present consideration of the preamble and resolution 
which I send to the Clerk's desk. 

The Clerk read as follows: 

Whereas the board of assessors .are aboutcompleting an a.sse,ssment upon 
property in the District of Columbia, and from an estimate furnished by the 
District Commissioners to the Committee on Appropriations itapjiears tha" 
this new assessment is to exceed the old by only 2.5 per cent; and 

Whereas said old assessment on the laud values alone in the District H 
JTO.OOO.lKHt. when It should be more than ?300,000.000, this .shows an extraordi- 
nary undervaluation, and what is still worse, the greatest injustice between 
the valuati<;)n of the land used for business purposes, which in many cases is 
assessed at less than 11 per cent of its true value, and land used for residence 
purposes, especially where the small homes are situated, is assessed at from 
TO to 80 per cent of its true value, while iu many cases land held for specula^ 
tlon is assessed at less than 10 jier cent of its true value. The foregoing facts 
were brought out by <an expert valuation on enough land in the District to 
furnish an average. A public hearing was held by the Commissioners in 
which this subject was thoroughly discussed, and after a careful exanilua- 
tiou they say "the figures embr.aced in these showings seem to have been 
carefully and conservatively prepared;" and 

Whereas the new ;issessment should not only show the true value of tha 
property in lawful mone.y, as required by law, but should also preserve an 
equality in assessment of the land in different localities, and not bear more 
heavily in some sections than in others. Therefore, 

Be it resotred, That a select committee, consisting of three members, be ap- 
pointed by the Speaker, which shall have power and authority to investigate] 
and report upon the method of ascertaining land values bj*the board of as- 
slstant assessors in the District of Columbia: to inquire whether there is in 
the assessment now being prepared discrimination in favor of any section 
over others, and generally to inquire into all alleged inequalities pertaining 
to the assessment of land values. 

Such committee shall have power to send for persons and papers, to exam 
ine witnesses under oath, may employ a stenographer and one clerk, and 
shall report the result of its investigation to the House, with such recom- 
mendation as it may deem proper to make. The exf:)ense of such investiga- 
tion shall be paid out of the contingent fund of the House. 

The SPEAKER. Is there objection to the present considera- 
tion of this resolution? 

Mr. HOLMAN. I think that matter ought to go to one of tho 
standing committees of the House for investigation. 

Mr. STOUT. I hope the House will take action upon the res- 
olution at this time, as it is a very important matter. 

Mr. HOLMAN. Mr. Speaker, I desire to say that we are mul- 
tiplying committees to a greater e.xtent than usual, and they are 
attended with expense; but I understand that this is a very im- 
portant inquiry and I shall not object. 

Mr. DINGLEY. I think that resolution had better go to some 
committee. 

The SPEAKER. Objection is made. 

Mr. JOHNSON of Ohio. If there ba present objection to tha 
consideration of the resolution, I hope it will go to the Commit- 
tee on Rules. 

Mr. DINGLEY. I withdraw my objection. 

The SPEAKER. Is there objection to the present considera- 
tion of this resolution. [After a pause.] The Chair hears none. 

The question was taken, and the resolution was agreed to. 



1892. 



CONGRESSIONAL EECOED— HOUSE. 



3359 



who, before entering upon the duties ot their a}>praisements, shall take and 
Bnbs'crlbe an oath that they will falthtully and impartiallydlscharge the du- 
ties ot appraisement, whicii oath, duly cerlifled, .-.hall bo returned ^vith their 
award to and Uled «-iih the Sec-naary of the Interior within twenty days from 
the completion thereof, and a majority of said referees shall be competent 
to act in case of the absence of a member, after due notice; and upon the 
failure of either party to make such appointment within thirty days after the 
appointment made bv the President, the vacancy shall be hlled by the judge 
of the district court for the eastern district of Wisconsin, upon application 
of either party. The person appointed by the President shall be chairmau 
Of said board,' and shall appoint the time and place of all hearings within the 
nation to which .said occupant belongs. JSach of said referees shall receive 
for hisservices the sum of Jl per day tor each day tliey are engaged m the 
trial ot the cause submitted to them under this act, witli mileage at 5 cents 
per mile A majority of the bo.wd. where all can not agree, may make the 
award Either party bemg dissatisfied -n-ith the Uuding of the referees shall 
have the right, within uineiy days after themaking of the aw,ird and notice 
of the same, to appeal bv original petition to the district coirrt for the eastern 
district of Wisconsin, having jurisdiction over the place where the land lies. 
Which court shall have jurisdiction to hear and determine the subject-matter 
of the petition according to the laws of the State of Wisconsin for determin- 
ing damages when property is taken for railroad purposes. If, upon the 
hearing ot said appeal, the judgment of the court shall be for a larger sum 
than the award of the referees or a sum equal to said award the costs of said 
appeal shall be adjudged against the railroad company. It the judgment of 
the court shall be for a sum less than the award made by the referees, then 
the costs shall be adjudged agauLst the party claiming damages. All pro- 
ceedings of said district court upon appeal from the award of the referees 
Shall be conducted in the same manner as an original action brought therein, 
except that the court may direct formal pleadings to be made and served. 

Sec. 4. That said railroad company shall pay to the .Secretary ot the Inte- 
rior, tor the benefit of the particular nation or tribes through whose land said 
lino may be located, the sum of $50 per mile for each mileot road constructed 
and maintained in said Indian reservation, in addition to the compensation 
provided for in this act tor property taken or damages done individual occu- 
pants by the construction of said road, to be paid as each 5 miles ot the 
railroad is gi-aded. If, however, the general council of the Menomonee tribe 
of Indians through whose lands said railroad may be located shall, "nlthin 
lour months after the filing of maps of definite location as set forth in sec- 
tion .5 of this act, dissent from the allowance hereinbefore prortded tor, and 
Bhall certifv the same to the Secretary of the Interior, then all compensation 
to be paid to such dissenting nation or tribe under the provisions of this act 
Bhall be determined as provided in section 3 for the determination of the 
compensation to be paid to the individual occupants ot lands, with the right 
of appeal to the court upon the same terms, conditions, and requii-ements as 
therein provided: Prorided. That the amount awarded or adjiidged to be 
paid by said railroad company for such dissenting nation or tribe shall be in 
lieu of the compensation the said nation or tribe would be entitled to receive 
under the foregoing prortsion. 

Sec. 5. That said company .shall cause maps, showing the route ot its 
located line throught said Territory, to be filed in the oflce ot the Secretary 
of the Interior, and also to be filed in the oiHce ot the chief or chiefs ot said 
Menomonee tribeotlndiansthi'oughwhoselands. said railroad may be located, 
and after the filing of said maps no claim tor subsequent settlement or im- 
provement upon the right of way shown by said maps shall be valid against 
said company: Provided, That when a mapsho^'ing any portionof said rail- 
road's located line is filed as herein provided tor. said company shall com- 
mence grading said located line within one year thereafter or such location 
shall be void. 

Sec. 6. That the ofBcers, servants, and employes ot said company neces- 
sary to the construction and management ot said road shall be allowed to 
reside while so engaged upon such right of way, but subject to the provi- 
sions ot the Indian intercourse laws and such rules and regulations as may be 
established by the Secretary ot the Interior in conformfty with said inter- 
course laws. 

Sec. 7. That said railway comp.iny shall construct and maintain continu- 
ally all road and highway crossings and necessary bridges over said rail- 
road, wherever such roads and highways do now or may hereafter cross said 
railway's right ot way or may be by the proper authorities laid across the 
same. 

Sec. 8. That said Marinette and Western EaUway Company shall accept 
this right ot way upon the express condition, binding upon itself, its suc- 
cessors, and assigns, that they will neither aid, advise, nor assist in any 
effort looking towards extingiiishmg or changing the present tenure of the 
Indians to their lands In said reservation, and will not attempt to secure 
from the said Indians any further grant of land, or its occupancy, than is 
hereinbefore provided: Provided, That any violation of the conditions men- 
tioned in this section shall operate as a forfeiture of all rights and privileges 
of said railroad under this act. 

.Sec. 9. That all mortgages executed by said railroad comp.any conveying 
any portion of its railroad, mth its franchises, that may be constructed in 
said Indian reservation, shall be recorded in the Department of the Interior, 
and the record thereof shall be prima facie evidence and notice ot their ex- 
ecution, and shall convey all rights and property of said company as therein 
expressed. 

Sec. 10. That Congress may at any time amend, add to, alter, or repeal this 
act, and the riglit of way herein and hereby granted shall not be assigned or 
transferred in any form whatever prior to the construction and completion 
Of said road, except as to mortgage or other lien that may be given or se- 
cured thereon to aid in the construction thereof, 

Tho SPEAKER. Is there objection to the present cousicJer- 
ation of this hill'? [After a pause.] The Chair hears none. 

Ave there any amendments to the bill reported by the com- 
mittee? 

Mr. LYNCH. There are amendments reported from the com- 
mittee and suggested by the Commissioner of Indian Affairs and 
tho Secretary of the Interior. 

The SPEAKER. If there be no objection, theqtiestion -svill 
be taken on the amendments in gross. 

There was no objection. 

The amendments are as follows: 

insert after the word '^gi'aded."in theeighth line, on page 5. the following: 

"And also $15 per mile per annum so long as such reservation shall be used 
and occupied as a reservation by said tribe of Indians.'' 

Also amend by adding a ne^i' section, to be designated as section II. as 
follows: 

'■.Sec. 11. That said railway shall not charge more tor the transportation 
Of freight or passengers through said reservation than for like services out- 
Bide of the same." 



Add after the word "county," In the eleventh lino ot section 1, the follow^ 
ing; "and township 30 in r.ange IC, Oconto County." 

Add after the word "stations," in the seventh line of sections, tlio follow- 
ing; "purpo-ses not to exceed one station." 

.Strike out the words " the chief of the nation," after the word " by," in the 
twelfth line, on page 3, and Insert the words, ''the Menomonee Indians In 
general council." 

Add at the end of section 3 the following: 

•■Provided. That iUl costs of appraisement and compensatiouofrefereesshall 
be paid by the railw;iy company." 

Add at the end of section -1 the following: 

•■Provided, That the title to all timlier on the right ot way herein granted 
sh;iU remain in the Menomonee tribe ot Indi;ins, and shall be sold and disposed 
ot for the benefit of said Indians under the direction of the Secretary of the 
Interior, all such timber to be removed within a reasonable time after the 
filing ot maps of definite location ot the right of way by said company, and 
the approval thereof by the Secretary of the Interior, to the end that the 
company shall not be hindered or delayed in the construction ot its road." 

The question was taken, and the amendments were agreed to. 

The bill as amended was ordered to bo engrossed for a third 
reading; and being engrossed, it was accordingly read the third 
time, and passed. 

On motion of Mr. LYNCH, a motion to reconsider the last vote 
was laid on tho table. 

THOMAS CHAMBERS. 

Mr. STEPHENSON. Mr. Speaker, I ask unanimous ^^rtSeut 
for the present consideration of the bill (S. 109i3) for the relief of 
Thomas Chambers. 

The bill was read, as follows: 

lie it enacted, etc,. That the Secretary ot the Treasui'y be, and he is hereby, 
directed to pay, out ot any money in the Treasury not othermse approprla- 
t ed, to Thomas Chambers, of Mackinac, Mich., the .sum ot $3,651.56, in full com- 
pensation tor tho additional expenses incurred by him in caiTying the Canada 
mails, as contractor on route numbered ;J4413, from Sault de Ste. Marie, Mich., 
to Mackinac, Mich., from July 1, 1875, to June 30, 1879, inclusive, he having cou- 
trticted to carry United States mails only. 

The SPEAKER. Is there objection to the present considera- 
tion of this bill? i 

Mr. HOLMAN. I think the report ought to be read, Mr. 
Speaker. 

The report was read at length for information. 

The SPEAKER. Is there objection to the present considera- 
tion of this bill? 

Mr. BUTLER. Reserving the right to object, I desire to in- 
quire if the Post-Office Department has made any recommenda- 
tion for the passage of this bill? 

Jlr. STEPHENSON. The bill has passed the Senate twice. 

Mr. BUTLER. But my question is as to whether the Post- 
Office Department has made any recommendation in regard to 
this bill. 

Mr. STEPHENSON. The bill has passed the Senate twice. 

yiv. BUTLER. That is not an answer to my question. If the 
Department has not made a recommendation approving it, I ob- 
ject. 

Mr. STEPHENSON. It is approved by the Department. 

The SPEAKER. Does the gentleman from Iowa object? The 
Chair understood the gentleman's objection to be conditional. 

Mr. BUTLER. I got no answer to my question, and I object. 

Mr. HERBERT. Regular order. 

ORDER OP BUSINESS. 

A Member. Regular order. 

The SPEAKER. The regular order is demanded. The reg- 
ular order is the call ot committees for reports. 

Mr. McRAE. Mr. Speaker, is it not proper that bills which 
have come over with the previous question ordered upon them 
should be first disposed of? 

The SPEAKER. The Chair findsfi-om the Journal that on 
last evening two bills were ordered to bj eugross;d and read a 
third time and tho previous question v.as ordered upon their pas- 
sage. Those bills will now be submitted to the House. 

Sir. HULL. Mr. Speaker, I wish to make a parliamentary in- 
quiry. 

The SPEAKER. The gentleman will state it. 

Mr. HULL. The Committee of the Whole at previous sessions 
reported several bills to the House which stand, I think, in ex- 
actly the same position as those reported last evening. Do not. 
those bills come under the head of unfinished business? 

The SPEAKER. As to the other bills to -ivhich the gentleman 
refers, the Chair understands that the previous quesion was 
ordered upon their engrossment and third reading, but not upon 
their passage. There is a distinction made in the rules and in 
the practice of the House, and where the previous question has 
been oi-dered on the passage of the bills they come up before the 
House in this way. 

Mr. HULL. I understood that all these bills were on precisely 
the same footing. 

The SPEAKER. The Chair does not so understand. It ap- 
pears from the Journal that the previous question was ordered 
last evening on the passage of two bills. The Clerk will report 
the first bill. 



3360 



CONGRESSIONAL RECORD— HOUSE. 



Apeil 16, 



JAMES A. DAVIS. 

The firstbill reported from the Committee of the WholeHouse 
on the state of the Union with the previous question ordered 
upon its passage was a bill (H. R. 4488) granting a pension to 
James A. Davis. 

The bill was read in full, and passed. 

Mr. MARTIN moved to reconsider the vote by which the bill 
was passed; and also moved that the motion to reconsider bo laid 
on the table. 

The latter motion was agreed to. 

NANCY E. RENFRO. 

The second bill was a bill (H. R. 3202) to pension Nancy E. 
Ren fro. 

The bill was r>jad in full, and passed. 

Mr. McRAE moved to reconsider the vote by which the bill 
waspassed; and also moved that the motion to reconsider be laid 
en the table. 

The latter motion was agreed to. 

ORDER OF BUSINESS. 
The SPEAKER. The Clerk will call the committees for re- 
ports. 

SECTIONS 2807 AND 2381, REVISED STATUTES. 

Mr. COOMBS, from the Committee on Interstate and Foreign 
Commerce, reported back with a favorable recommendation the 
bill (H. R. 7026) to amend section 2807 and section 2881 of the 
Revised Statutes; which was referred to the House Calendar, 
and, with the accompanying report, ordered to be printed. 

EDUCATION AND CITIBENSHIP OP INDIANS. 

Mr. PEEL, from the Committee on Indian Affairs, reported 
back with a favorable recommendation a bill (H. R. 6878) to 
regulate the education and citizenship of Indians; which was 
referred to the House Calendar, and, with the accompanying 
report, ordered to be bo printed. 

ORDER OF BUSINESS. 

Mr. HERBERT. Mr. Speaker, I move that the House resolve 
itself into Committee of the Whole House on the state of the 
Union for the purpose of considering general appropriation bills. 

MEMORIAL IN RELATION TO THE MISSISSIPPI. 

Mr. HOLM AN. I ask the gentleman to withhold that motion 
for a moment in order that I may ask imanimous consent to have 
printed in document form a memorial in regard to the Mississippi 
River, which I think will be useful in connection with the river 
and harbor appropriation bill. It is a memorial by Capt. John 
Cowdon. 

There was no objection, and it was so ordered. 

The motion of Mr. Herbert was then agreed to. 

The House accordingly resolved itself into Committee of the 
Whole on the state of the Union, Mr. Shively in the chair. 

NAVAL APPROPRIATION DILL. 

The CHAIRMAN. The House is in Committee of the Whole 
House on the state of the Union for the further consideration of 
the naval approi)riation bill. 

Mr. HERBERT. Mr. Chairman, I yield now to the gentleman 
from West Virginia [Mr. Pendleton]. 

Mr. PENDLETON. Mr. Chairman, I very much dislike to 
differ with the veteran economist of the House, because I have 
always honored the venerable statesman from Indiana [Mr. HOL- 
MAn]. Nevertheless, I think that a time comes when we can go 
too far in the direction of economy. Under that belief I shall 
vote against the amendment of the gentleman from Indiana, 
and also, for another reason, against the amendment of the gen- 
tleman from Maine [Mr. Boutelle]. I do not believe that it is 
in harmony with Democratic policy not to try to continue to in- 
crease our Navy. I think the legislation upon that subjectshould 
bo with a view to a steady increase in its strength and efficiency, 
but at the same time in harmony with the condition of our rev- 
enues. If there is one thing in this country that is popular with 
the American people, it there is one thing for which they will 
cheerfully vote appi'opriations, it is our Navy. 

The Navy has been popular with our people ever since the 
war of 1S12, and I recollect that in the campaign of 1884 one of 
the principal charges that the Democratic party made against 
the Republican administration of our Navy was, that while we 
had o.Kpended nearly $300,000,000 in its support and maintenance, 
nevertheless at that time we did not have either in commission, 
in our harbors, or on the high sea, a single ship of war that was 
capable of facing one of the great ships of modern navies. I 
know that wo criticised our Republican friends very severely 
upon that point, and that a general pledge was made that if 
Cleveland wore elected in that campaign along with a Demo- 
cratic Congress we would endeavor to do something to restore 



the strength and efficiency of a navy of which we had ever been 
proud. 

There are a great many good people in this country who flat- 
ter themselves with the ideathat there will never be another war 
in which we may be engaged. It is true that we are most hap- 
pily situated. It is true that we are far, as a general thing, from 
the quarrels that prevail among the great nations of Europe. 
But there never is a time when any nation, however happily sit- 
uated, can claim for itself that it will always enjoy the tslessiugs 
of peace. It is not necessary that we should have a great army, 
for the simple reason that we are protected from foreign invasion 
by our happy situation. To the south of us there is a Republic 
that has no desire at any time to engage in warfare with our 
country. 

To the north of us lies Canada, which of itself would never will- 
ingly go to war with this country. Consequently, we do not 
need a great standing army, and probably never shall need it. 
But a navy is the one defense that this country needs. As The- 
mist«cles once said, a navy would be the " wooden walls of Ath- 
ens,"' so a navy for this country would bs our wooden wall. We 
have upon our Eastern seacoast more than ten thousand million 
dollars worth of American prop^>rty in the great cities of Boston, 
New York, and Philadelphia in the North; Norfolk, Charleston, 
Mobile, New Orleans, and other cities in the South, and on the 
West we have San Francisco. 

Now, I say it is wise for us to spend money in order to keep 
those harbors of ours inastateof defense, in order that whenever 
a war or a difficulty of any kind with a foreign nation may break 
out or be threatened, we shall not be restrained in our negotia- 
tions by the fear that we are unprepared to protect our com- 
merce upon the high seas; that we may not be prevented from 
endeavoring to assert our rights by the argument that the agri- 
cultural products of our Western fields may be blockaded here in 
this country from the fact that we have no Navy adequate to 
their defense. 

[Here the hammer fell.] 

[Mr. HOLMAN withholds his remarks for revision. See Ap- 
pendix.] 

Mr. BOUTELLE was recognized, and yielded twenty minutes 
to Mr. Fellows. 

[Mr. FELLOWS withholds his remarks for revision. See Ap- 
pendi.x.J 

Mr. HOLMAN. I yield fifteen minutes to the gentleman from 
Georgia [Mr. Watson]. 

Mr. WATSON. Mr. Chairman, I res])ectfully submit to tho 
committee that if we decline to strike out from this appropria- 
tion bill tho battle ship for which it provides wj will lay our- 
selves open to the charge of having departed from the pledges 
which we deliberately made to the people at the opening of this 
session. By adopting the Holman resolution the country wasted 
to understand that this Congress was pledged to retrenchment 
and reform, and that none of the public moneys would be ex- 
pended except those that are necessary to carry on the different 
departments of the Government. I submit to this committee, 
with the greatest respect, that if we meant anything by that 
resolution, now is the time for us to demonstrate it. 

Tlie gentleman from New York [Mr. Fellows] spoke about 
the interior States. He alluded to the State of Georgia, which 
is a seacoast Stata. Coming from that State, I desire to say to 
him that we see no nec3ssity whatever for increasing our Navy, 
and in the name of those people, oppressed by taxation, by favor- 
itism in the law, by an industrial condition which does not give 
to the laborers the proper reward of toil, we are opposed to the 
committing of this Congress to any $350,000,000 scheme to build 
up an American Navy on a competitive basis with European 
navies. 

The gentleman says that war will surely come; that we will 
need this Navy. Let us stop and ask ourselves what wars have 
come upon us since we achieved our independence? I submit to 
this committee and to this country that it is not so much the 
guns you have, it is not so much the forts you have, it is not <o 
much the ironclads you have, as it is the people that you hav.-, 
which makes you a dangerous antagonist in war. Sixty millious 
of people, Anglo-Saxons, who never met an enemy except to 
crush him; Anglo-Saxons, who have been the vanguard of civ- 
ilization and of successful war in modern times, have nothing lo 
fear from any other nation on tho face of the earth. By his line 
of argument the gentleman from New York [Mr. Fellows] 
would prove that if China had more cruisors, larger cruisers, 
more guns, and greater guns than Great Britain, then China 
would be a more dangerous antagonist than Great BriiainI A 
more untenable position can not be taken. 

Mr. Chairman, I submit to the committse that we have noth- 
ing to fear from any Eui'opoan nation whatsoever. 



1892. 



CONGRESSIONAL KECOED— SENATE. 



3373 



the resolution that there is now a g-ood deal of interest bsing 
taken by farmers in different portions of tho country, and more 
especially in the prairie region, as to the use of electrical power 
in farm machinery. I am receiving a large number of letters 
from persons engaged in like investigations. I have recently 
been presented with an illustration of the application of elec- 
trical power in compressing hay that is now in practical opera- 
tion in Italy. I have information likewise in regard to the gar- 
deners in and about the city of Paris that they are using electri- 
cal influences in tho propagation of plant life. We are also un- 
dertaking the same thing here, and I have reliable information 
that already a plow has been driven through the soil of Kansas 
by electrical power. 

My object in introducing the resolution is to obtain what m- 
formation we can from foreign sources concerning this same 
matter. I believe it will not be long until largely horse power 
and steam power will be superseded in farm work. There is 
some necessity of that kind now apparent among 'the Western 
farmers pai-ticularly, where there is so much competition with 
large ranches and large landed estates. I therefore hope that 
the Senate will grant the request that I have asked in the reso- 
lution. 

Mr. SHERMAN. I should like to have the resolution read 
again. 

The Chief Clerk read the resolution. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolution. 

The resolution was agreed to. 

CHINESE IMMIGRATION. 

Mr. SHERMAN. I give notice that to-morrow, or as soon 
thereafter as possible, I shall endeavor to call ^he attantion of 
the Senate to what is called the Chinese restriction bill, so that 
the Senate bill and the House bill may be considered. The reasons 
for early action are apparent to all Senators. The bill must Ije 
passed within twenty days in the form of law if it is to be passed 
at all, as the treaties expii-e, it is believed, some time in the 
month of May. 

ANACOSTIA AND POTOMAC RIVER RAILROAD. 

The VICE-PRESIDENT. Is there further morning business? 
If not, that order is closed and the Calendar under Rule VIII is 
in order. The first bill on the Calendar will be stated. 

The bill IS. 1742) to amend the act giving the approval and 
sanction of Congress to the route and termini of the An?.costia 
and Potomac River Railroad in the District of Columbia was an- 
nounced as first in order, and the Senate, as in Committee of the 
Whole, proceeded to its consideration. 

Tho IjiU was reported from the Committee on- th's District of 
Columbia with amendments. 

Tho [irst amendment was, in section 1, line 7, after the word 
"to,"' to strike out the following words: 

Lay tracks and run cars thereou from the Intersection of its tracks on Sixth 
street \vlth B street north; along Sixth street to F street north; along F 
street to Eleventh street west; along and with the line of Eleventh street 
to B street north; along B street north to its tracks on said B street near 
Center Market; 
and to insert in lieu thereof: 

M;ike the necessary connect ions anil switches and run cars as follows: From 
the intersection of its tracks at Ninth street with BstroetNW.. north on Ninth 
street to G street NW., over the tracks of the Metropolitan Railway Com- 
pany; thence west on G street NW. to Eleventh street NW., over the tracks 
of the Eckington and Soldiers' Home Railway Company: thence south on 
Eleventh street to E street NW. and east onE street to Ninth street, on the 
tracks of the Capitol. North O Street and South Wasliingtim Railway C<:'m- 
pany ; thence south on Ninth street to B street on the tracks of the Metro- 
politan Railway Company. 

The amendment was agreed to. 

Tho next amendment was, in section 2, line 1, after the first 
word "that," to strike out "should " and insert " where: " in line 
2, after the word "authorized," to strike out "coincide" and in- 
sert "coincides; " and in line 4, after the word " used," to strike 
out "when, on account of the width of the street or for other 
sufficient reason, it shall bo deemed necessary by the Commis- 
sioners of the District;" so as to read: 

That where any part of the track extension herein authorized coincides 
with portions of any other duly incorporated street railway in the District 
of Coltuubia, hut one set of tracks shall he used. 

The amendment was agreed to. 

The next amendment was, in section 2, line 7, after the word 
"rights," to strikeout "may" and insert "shall;" so as to read: 

And the relative conditions of use and of chartered rights shall beadjtisted 
Tipon terms to be mutually agreed upon between the companies, or, in case 
of disagreement, by the supreme cotu-t of the District of Columbia, on pel i 
Hon tiled therein by either party and on such notice to the other partj> ^ 
the coiu't may order. 

The amendment was agreed to. 

Mr. McMillan. This bill is for the purpose of extending 
the tracks of the Anacostia Railroad, the railroad which begins 
over at Anacostia and crosses the Navy-Yard bridge and extends 
down as far as the market. The people in Anacostia are very de- 



sirous of having this road extended farther down into the businesa 
portion of the city, and an arrangement has bean made by which 
this company is allowed to use the tracks of the Metropolitan and 
the Eckington roads, so as to bring them into the center of the 
city and come back again to the market and connect the road 
without building any further tracks. That arrangement has 
been made, and it has been agreed to by all the companies con- 
cerned. It simply brings the people who use the road down far- 
ther into the center of the city, and does not require any more 
tracks to be built. 

Mr. VEST. I ask the chairman of tho committee what is the 
motive power to ha used? 

Mr. McMillan. Horse cars. It is an old horse-car road. It 
is a road that does not do a great amount of business. 

Mr. VEST. When was the bill reported? 

The VICE-PRESIDENT. On the 7th of March. 

Mr. McMillan. The bin simply extends the line into the 
heart of the city, using the tracks of other companies. 

Mr. VEST. It provides, then, for branches? 

Mr. McMillan. No, nothing of tho kind, but simply that 
they may tise the tracks of the old company and come back to 
tho market and goon their own tracks. It does not extend their 
own road at all. 

Mr. PADDOCK. The object is to form a loop? 

Mr. McMillan, it is simply to accommodate the people who 
use the road, so as to bring them down to the heart of the city. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

AGREEMENT WITH THE KICKAPOO INDIANS. 

Mr. DAWES. Mr. President, the first bill on the Calendar 
has been taken up two or three times and then laid aside. I ask 
that it may be now taken up and disjwsed of. 

Tliere being no objection, the Senate, as in Committee of tho 
Whole, resumed the consideration of the bill (S. 1797) to ratify 
and confirm an agreement with the Kickapoo Indians in Okla- 
homa Territory. 

The VICE-PRESIDENT. This bill has heretofore been read 
at length and all the amendments of the committee agreed to. 
The question is: Shall the bill be repoi-ted to the Senate and 
the amendments made as in Committee of the Whole concurred 
in? 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

The preamble was agreed to. 

DA^^D DEALY AND MARY YOUNKIN. 

The bill (S. 1504) for the relief of David Dealy and Moses Youn- 
kin was considered as in Committee of the Whole. 

The bill was reported from the Committee on Public Lands 
with amendments, in section 1, line 5, after tlie word " laws," to 
insert " if he is duly qualified;" in line 8, after the word " al- 
low," to insert " Mary Y^ounkin, widow of: " in line 9, after the 
word " laws," to insert "if the said Moses Younkin, when living, 
was duly qualified; " and in line 15, before the word " Younkin," 
to strike out " Mose^ " and insert " Mary; " so as to make the 
section read: 

That the Commissioner of the General Land Ofllce be, and is hereby, au- 
thorized and directed to allow Da^-id Dealy to enter, tinder the homestead 
laws, if he is duly ciualitied. the north half of the northwest quarter and lots 
3 and 4 of section 16. in ton-nshlp 38 north, of range 2 east, of the Willamette, 
meridian, and to allow Mary Votmkin, -nidow of Moses Younl;iu. loenlcr 
under the homestead laws, if the said Moses Younkin when liWng was duly 
qualified, the north half of thenortheastquarterand lots 5 and 6 of'seclionltf, 
in township 38 north, of range 2 east, of Willamette meridian, botli ot said 
tracts lying in Whatcom County, in the State of Washington, and to issue 
patcnts'to the said David Dealy and Mary Younkin for the respective tracts 
hereby atithorized to be entered by them upon their making such proof as is 
requifedby exist iug laws and executive rcgnlatioits of compliance with the re- 
quirements of the homestead laws: I'roriilnl, That the State of Washington 
by the proper State ofilcer or oftlcers thereto duly authorized by the laws of 
said State, or if no such officer or officers be so authorized then by a legislative 
act. shall signify assent to the entries hereby authorized in such maimer as 
shall bar the said State from asserting in future ;my right to the described 
kind under the grant of lauds to said State for school purposes. 

The amendment was agreed to. 

The next amendment was, in section 2, 1 ine 6. after the word "sur- 
veyed, "to insert "nonmineral;" so as to make the section reatl: 

It:. 2. That when the said State of Washington shall have signified her 
fit to the entries atithorized by this act the proper olliccrsof said State shall 
lit it led to select, on liehalf of said State, other land of area equal to that to 
lie covered by said entries, such land to be selected from any surveyed non- 
mineral and unoccupied public lands of the United .States lying withiti tho 
State of Washington, and to be held by said Stale as school land, .as other 
lands granted or selected for school purposes are held under existing laws. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 



3374 



CONGKESSIONAL KECOED— SENATE. 



April l^s, 



Tho bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

The title was amended so as to read "A bill for the relief of 
David Dealy and Mary Younkin.'' 

AMEMDMENTS TO ARTICLES OP WAR. 

The bill (S. 2470) to amend the Articles of War, and for other 
purposes, was considered as in Committee of the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the tliird time, 
and passed. 

MESSAGE FROM THE HOtFSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that tho House had agreed to 
the amendment of the Senate to the bill (H. R. 5978) to extend 
the time for making assessments for real estate, etc. 

The message also announced that the House had passed the 
bill (S. 113) to establish a military post near Little Rock, Ark., 
with an amendment, in which it requested the concui'rence of 
the ScLate. 

The message further announced that the House had passed a 
concurrent resolution providing for the printing of the eulogies 
delivered in Congress upon the Hon. John R. Gamble, late a 
Representative from tho State of South Dakota. 

The message also announced that tho House had jiassed the 
following bills; in which it requested the concurrenceof the Sen- 

A bill (H. R.3202) to pension Nancy E. Renfro; 

A bill (H.R. 4488) granting a pension to James A. Davis; 

A bill (H.R. 5133) to authorize the Marinette and Western 
Railroad Company to construct a railroad through the Menomo- 
nee Reservation, in the State of Wisconsin; and 

A bill (H.R. 7519) toauthorize the appointment of clerks of the 
United States circuit and district courts of Mississippi City, in 
the State of Mississippi. 

TELLOWSTOXE NATIONATv PARK. 

The bill (S. 1843) to provide for the punishment of offenses com- 
mitted in the Yellowstone National Park was announced as next 
in order. 

ISIr. VEST. Mr. President, let that bill go over. I wish to 
examine it. 

The VICE-PRESIDENT. The bill will be passed over. 
PUBLIC LAND SALES IN CALIFORNIA. 

The bill (S. 1486) granting to the State of California 5 per cent 
of the not proceeds of the cash sales of public lands in said State 
was considered as in Committee of the Whole. 

Mr. SHERMAN. Mr. President, I should like to know what 
is the estimate of the amount involved bv the bill? 

]\rr. PADDOCK. I think it is something more than a lialf 
million dollai-s; indeed it is probably over $700,000. 

Mr. ALLISON. Let the report be read. 

The VICE-PRESIDENT. The report will be read. 

Mr. PADDOCK. There is no written report accompanying 
this bill at this session. The bill passed the Senate in the last 
Congress and was reported favorably by tho committee of the 
House and jjlaced on the Calendar, but not reached for want of 
time. 

The object of the bill is simply to jilace California on the same 
footing as all the other States in respect to the payment of 5 per 
cent of the net proceeds of the sales of public lands. I have here 
now the report of the House committee which was incorporated 
in the report of the Senator from Oregon [Mr. Dolph], the chair- 
man of the Committee on Public Lands of the Senate, presented 
at the last Congress. If the Senator so desires, that report can 
be read. The only thing in the present situation is that this pro- 
vision which has been made for all tho other States has not been 
made for California, and as a matter of decency it should be made 
at once. 

The VICE-PRESIDENT. The report will be read. 

The Secretary read the following report, submitted by Mr. 
Dolph Januai-y 8, 1890: 

The Committee on Public Lands, to whom was refeiTed the bill (S. 369) 
granting the State ot California 5 per cent ol the net proceeds of the cash 
sales ot the pnbUc lands in said State, having duly considered the same, re- 
spectfully report: 

A bill similar in Its provisions was reported favorably by this committee 
and passed the Senate at the last Congi-ess. and was favorably recommended 
for passage by the House Committee on PublicLands, but failed to be reached 
on the Calendar in the Hotise. 

House Reports Nos. 179 and 70, Fiftieth Congress, first session, were made 
on said similar bill and are now stibmitted herewith as a part ot this report. 

Tile committee recommend that the bill do pass. 

[House Report No. 179, Fiftieth Congress, first session.! 

The Committee on the Public Lands, to whom was referred the bill (S. 418) 
granting to the State of Calitornia 5 per cent of the net proceeds of the cash 
sales of public lands in said State, report as follows: 

The bill is identical with House bill No. 1235. The committee has reported 
the latter bill and has reconuneuded its passage. 

For the reasons stated in the report thereon (Report No. 70) , also recom- 
mend the pas.sage ot the present said Senate bill. 



[House Report No. 70, Fiftieth Congress, first session.] 

Tho Committee on the Public Lauds, to whom was refi-rreti the bill fH R 
1335) granting to the State of California S per cent of the net proceeds of tha 
cash sales of public lamU In said Slate, make the following report: 

A similar bill was reported from this committee in the'Forty -eighth and 
Forty-ninth Congresses, and alsorcported in the Senate in the Forty-'ieventh 
Forty -eighth, and Forty -ninth Congresse:;, and passed the Senate in the lal^ 
ter Congress, but was not reached on the Calendar in the House. 

This bill is in accord with settled legislative precedents followed and ad- 
hered to by Congress in the case of every other public-land State heretofore 
admitted into the Union. It makes no grant other than or rtiflprent from 
that made by Congress to every other public-land State in the Union, but 
simply places California upon an equal footing and the same plane with all 
other public-land States in regard to e.xisting laws relating to the 5 per cent 
of the net proceeds of the cash sales of the public lands in said States respect- 
ively. 

California, unlike the other now or public-land States, entered the Union 
without .any enabling act; but the third section of the act under which she 
was admitted into the Union shows that the United States attached all the 
conditions to her admission, so far as those conditions could be performed by 
California, as were attached to the admission of aU the other pubUc-land 
States. But the United States have, up to thLs late date, failed, and, in the 
opinion ot very many of her people, un.lustly delayed togive to California, in 
consideration ot those conditions, that eqtiivalentwhich has been heretofore 
given to all the other jniblic-land States named in the preamlilo of this bill. 

While all the other public-land States have alreadv received this 5 per cent 
grant as an eqmvalent or as an Indemnity for considerations b-y- them sur- 
rendered to the United States, California is the only public-land State which. 
having surrendered like considerations to tho United States, has not as yet 
received this 5 per cent graut as a similar equivalent or indemnity for the 
surrender of similar considerations. 

Section 3 of the act ot her admission, approved September 9. 1850, is as fol- 
lows : 

"SEC. 3. Andbeit further enacted. That the said State of California is ad- 
mitted into the Union tipon the exi">ress condition that the people of said 
State, through their Legislature or otherwise, shall never interfere with the 
primary disposal of the public lauds within its limits, and shall pass no law 
and do no act whereby the title of the United States to and right to dispose 
of the same shall be Impaired or questioned ; and th:it they shall never lay 
any tax or assessment of any description whatsoever upon the public do- 
main of the United States; and in no case shall nonresident proprietors who 
are citizens of the United States be taxed higher than residents: and that all 
the navigable waters within the said State shall be common highways, and 
forever free, as well to the inhabitants of said .State as to the citizens of the 
United States, wilhottt any tax, impost, or duty therefor." 

A condition common to all the pnblic-kind States upon theli' admission to 
the Union, and in consideration of v.'hich the United States gi':inlcd to them 
5 per cent of the net proceeds ot the ca.sh sales of the public lands within their 
limits, was that they should never impose auy tax upon the public lands of 
tho United States within their respective linUls, and that condition, together 
with other conditions and similar to those imposed upon the other public- 
land .states, is thus found incorporated in the very act admitting California 
into the Union; and California, by accepting such conditions is likewise ir- 
revocably botmd to observe them all just the same as the other public-land 
.Sl:i1es are boimd to do. 

ThiTetore the United States have already received from ICalifornla, and 
that, too, in advance, the identical considerations for this gr.ant as a full 
equivalent or as the Indemullynow proposed to be made to her under the 
terms of this bill, and which is the ronsiileration the United States received 
from every one ot the other ptiblic-land States for making similar gr.ants to 
them, and that, too, without a single exception as to any public-land State 
except that of Californi;i. which in this regard stands solitary and alone. 

California, in contemplation of the objects ot the Constitution of the United 
States— that all the States of this Union shall in all respects be as near!}- equal 
as possible, and that all the new public-land States shall in all respects be a.s 
ne.arly equal to each other as possiljle— was therefore admitted into and is 
now in the Union, not on a footing of difference, but on one of perfect equal- 
ity with e:ich and all of the other public-land States so far as this 5 per cent 
grant or claim is concerned. 

Your committee therefore recommend the passage ot the bill. 

Mr. SHERMAN. Mr. President, if California is the only 
State to be affected, I am somewhat surprised that some provi- 
sion has not been made befoi'e. The titles in California are some- 
what peculiar. California came into the Union as an organized 
community, and most of the titles. I suppose, had been granted 
tinder Mexican or Spanish authority. 

Mr. PADDOCK. This does not' touch the Mexican grants, 
but the public lands within surveys. 

Mr. SHER1\IAN. I will ask the Senator whether, under this 
bill as it is now framed, the 5 per cent on lands granted to rail- 
road companies will be includedV 

Mr. PADDOCK. Not at all. These acts are all alike in re- 
spect of these accounts. They are all treated in the same wa y 
in administratiou. The Government has never accounted at all 
for the 5 per cent of the proceeds of land grants. Thej- are dis- 
posed of by the railroad companies themselves. On these grants 
themselves, as such, there is no allowance. 

Mr. SHERMAN. Does the Senator understand that this 
places California simjjly upon the same basis as the other States":' 

Mr. PADDOCK. Exactl.y on the same basis as all the other 
States. An exception was made in the case of California from 
the fact that she had no preceding Territorial government and 
had no enabling act, but the same requirements that are found 
in all the enabling acts for the admission of States into the 
Union are found in the law admitting California when she wa3 
admitted, and California has complied with all those acts in all 
rcs])ects just like all the other States. 

Mr. COCKRELL. If that be so, permit me to ask why it is 
that California has not been paid as the other States have been? 

Mr. PELTON. For the reason, I will say to the Senator from 
Missouri, that California has suffered in a great many ways, 
not that alone. It has been so with her Indian wars; it has been 
so with other appropriations. It is simply because the matter 
has not been considered. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3375 



Mr. PADDOCK. Mr. President, in tlie earlier acts, prior to 
1857, the money coming from the net proceeds o£ the sales of 
these lands under the 5 per cent plan was required to be used by 
the States for internal imiirovements, the building of roads and 
canals, but it was not practicable to make use of money in Cali- 
fornia on such account. 

Mr. COCKRELL. On account of what? 

Mr. PADDOCK. On account of making canals, etc., for the 
shipment of produce, etc. In 1857 the rule changed with the ad- 
mission of the State of Kansas into the Union, and the proceeds 
resulting from the 5 per cent to that State went to the school 
fund. Since then that rule has obtained; but by reason of the 
peculiar situation in California in respect of the kincl of improve- 
ments which had been appropriated for before, and because Cal- 
ifornia had had no Territorial government, and no enabling act 
before it came into the Union in which to provide for it, the 
matter had not received attention. 

But aft2r the passag'o of the act of 1857 for Kansas it came to 
bo understood that there ought to be the same provision made 
for California for the benefit of its school fund. The require- 
ments, of course, on the part of the State have all been responded 
to by the State of California. That State has, through her Leg- 
islature, never interfered with the jsrimary disposal of the pub- 
lic lands within her limits; has passed no law and done no act 
whereby the title of the United States to and the right to dispose 
of the same has been impaired or questioned. They have laid 
no tax or assessment of any description whatever upon the pub- 
lic domain of the United States, and in no case have nonresident 
proprietors who are citizens of the United States baen taxed 
higher than residents. I paraphrase this section of the act under 
which California was admitted in order to present, by a change 
to the past tense, the idea that I have suggested. That was the 
requirement of the act, and all those requirements which are 
common to all the States, and on account of which they have 
received the 5 per cent, have been complied with fully and ab- 
solutely in the case of California. Therefore, there is no reasun 
under heaven why that State should not receive the same (•om- 
pensation for the surrender of these rights that the other States 
have received when they have made similar surrenders under 
their acts for the protection of citizens of the United States in 
common with all others. There is no reason under the sun why 
it should not be placed on the same footing with them. 

A similar bill passed the Senate during the last Congress. It 
has been two or three times reported favorably in both Houses, 
and because the act has not finally been passed is no reason why 
it should not bo done now. An actof long-deferred justice is the 
very act which should be preferred above all others. If it is right 
that it should be done, it does not make it any the less our duty to 
do it now that it has been long delayed. All this ought to be a 
reason for doing this act of justice at once. 

Mr. COCKRELL. Mr. President, there has been no delay and 
no injustice on the part of Congress towards California — not one 
particle — in this matter, and I beg to say to the Senator that I 
think he is very greatly mistaken on that point. The United 
States has done everything it agreed to do with California when 
she came into the Union. There was no promise in the act ad- 
mitting California that she should have 5 per cent of the net pro- 
ceeds of the sales of public lands. If there had been, they would 
not need the passage of this bill. 

Mr. PADDOCK. If the Senator will allow me, I wish to say 
to him right here, that there was no enabling act in the case of 
California, as there had been in the case of other States, in which 
that provision had always been uniformly placed. 

Mr. COCKRELL. But there was an enabling act authorizing 
California to be admitted into the Union. 

Mr. PADDOCK. Yes; there was an act jjassed admitting it. 

Mr. COCKRELL. There was no provision put in there, and 
consequently the State had no right on earth to any such thing, 
except a mere equity. If she had it in the act of admission, as 
the other States had, the Government officers would have paid 
it. That is what strikes me in the case. 

Tilr. PADDOCK. I should like to say in answer to that 

Mr. COCKRELL. It is not worth while to consume further 
time this morning with this bill. I ask that the bill may be laid 
over imtil to-morrow, so that we can look into the act of admis- 
sion and see whether California did not receive some other equiv- 
alent for that equal to the 5 per cent at the time she was ad- 
mitted. 

Mr. PADDOCK. I fir.st want to state my theory why it was not 
put into the act of admission, and that is that there was no pi-eced- 
ing territorial form of government. California was admitted 
straight. In all other cases of public-land States there had been 
precedent territorial governments. Now, that very fact is in 
favor of California, because always where there have been pre- 
ceding territorial governments thei-c have been great expenses 
to which the Government of the United States has been subjected 



for such territorial governments. In this case California saved 
to the United States Treasury every dollar of such expense and 
was ready, without such incohate form of Statehood, to make its 
application for admission. It was the most economically admitted 
of any of all the public-land States. That is the difference, and 
there is no reason why thoro should be anj' question about this 
at all. 

If the bill is to be passed over, I hope it may be passed over 
without prejudice. 

Mr. COCKRELL. I ask that it retain its place on the Calen- 
dar so that it may be called up to-morrow. 

Mr. PADDOCK. My recollection is that the Senator from 
Missouri was on the Committee on Public Lands when the bill 
was reported. 

Mr. COCKRELL. I want to examine the subject, but I want 
to repel the idea that it was the neglect of the United States 
that this thing has not been done. I do not consider that it is 
that at all. My impression is that the bill is correct, but I want 
to look at the enabling act to see about it. 

Mr. PADDOCK. Anotherthing. At the time California was 
admitted it was richer than any of the other States in respect of 
coin money, and it was not thought to be necessary to have .such 
a provision. They made no such importunate and determined 
demand as the others at the time of their admission. 

Mr. FELTON. Just one woi"d. I desire to say that, whatever 
may have been the reason, the fact remains that all of the other 
States, under similar conditions which were prescribed and have 
been complied with, received the 5 per cent, while California 
remains without her 5 per cent. 

The Senator from lilissouri speaks of the simple question of 
equity. If I understand the meaning of the word ■' equity,'' it is 
even and exact justice that should be meted out to all. Califor- 
nia has not received her proportion of the appropriation of the * 
5 per cent which has been given to other States similarly situ- 
ated. 

Mr. PADDOCK. I wish the Senator fi-om Missouri would 
examine the state of the law, if he can, to-day, and let us consider 
this bill during the day. 

Mr. COCKRELL. I will I'cad for the information of the Sen- 
ator the act for the admission of the State of California into the 
Union. 

Whereas the people of California have presented a constitution and asked 
admission into the tTnion. which constitution was submitted to Congress by 
the President of the United States, by message dated February 13, 1850, and 
which, on due examination, is found to be republican in its form of govern- 
ment: 

Be it enacUd by the Senate and House of liepresenla/iivs of the Untied States 
of America in Voni)ress assembled, That the State of California shall be one, 
and is hereby declared to be one, of the United States of America, and ad- 
mitted into the Union on an equal footing with the original Stales In all re- 
spects whatever. 

Sko, 2. And be it further enacted. That until the Representatives in Con- 
gress shall be apportioned according to an actual enumeration of the inhab- 
itants of the United States the State of California shall be entitled to two 
Representatives in Congress. 

Sec. 3. Andbe it further enacted. That the said State of California is admitted 
into the Union upon the express condition that the ijeople of said State, through 
their Legislature or otherwise, shall never interfere with the primary disposal 
of the public lands within its limits, and shall pass no law and do no act 
whereby the title of the United States to and right to dispose of the s.ame 
shall be impaired orquestloned; and that they shall never lay any tax or as- 
sessment of any description whatsoever upon the public domain of the United 
States, and In no case shall nonresident proprietors who are citizens of the 
United States be taxed higher than residents; and that all the navigable 
waters within the said State shall be common highways, and forever tree, as 
well to the inhabitants of said State as to the citizens of the United States, 
without any tax, impost, or duty therefor: Provided, That nothing herein 
contained shall be construed <as recognizing or re.iecting the propositions ten- 
dered by the peoiJlo of California as articles of compact in the ordiuanca 
adopted by the convention which formed the constitution of that State. 

Approved September 9, 1850. 

Mr. PADDOCK. That is the usual provision in all such cases, 

Mr. COCKRELL. This simply admitted the State and did 
not refer to these compacts. I should think upon principles of 
equity and fair dealing, having been admitted upon an equal 
footing with the original States in all respects whatever, that as 
a public-land State it ought to bo placed upon an equality with 
the other public-land States, and there being no provision here. 
and I do not know of any legislation which could prevent it, I 
withdraw my objection to the bill, Mr. President. 

The VICE-PRESIDENT. The objection to the consideration 
of the bill being withdrawn, the question is. Shall the bill be re- 
ported to the Senate? 

The bill was reiaorted to the Senate without amendment, or- 
dered to be engrossed for a third reading, road the third time, 
and passed. 

The VICE-PRESIDENT. The question is on agreeing to the 
preamble. 

Mr. PADDOCK. I am disposed to move to .strike out the pre- 
amble. If that meets the concurrence of the Senator from Slis- 
souri, I think it had better be stricken out. 

Mr. COCKRELL. The preamble amounts to nothing. Itonly 
encumbers the record. 



3376 



CONGRESSIONAL EECORD— SENATE. 



April 18, 




Mr. PADDOCK. I move to strike out the preamble. 
Tlic motion was agreed to. 

ANACOSTIA AND POTOMAC RIVER RAILROAD. 

■Mr. McMillan. I move to reconsider the vote by which 
the^Benate this morning- passed the bill (S. 17-12) to amend the 
act giving' the approval and sanction of Congress to the I'outo 
and termini of the Anacostia and Potomac River Railroad in 
the District of Columbia, with the view of substituting for the 
Senate bill a House bill on the same subject, which is on the 
Calendar. 

The VICE-PRESIDENT. If tliere be no objection the vote 
by which the bill referred lo by the Senator from Michigan was 
passed will be reconsidered, and the bill will be indefinitely 
postponed. The Chair hears no objection, and it will be so or- 
dered. 

Mr. McMillan. I now move to take up Order of Business 
4()3, being House bill 2TSIi. 

The motion was agreed to: and the Senats as in Committee of 
the Whole projosded to consider the bill (H. R. 278(i) to amend 
the act giving the approval and sanction of Congress to the route 
and termini of the Anacostia and Potomac River Railroad in the 
District of- Columbia. 

Mr. COCKRELL. I should like to ask the Senator in charge 
of that bill if the object is the same and the language is the same 
as the one we have already passed? 

Mr. McMillan. The language is almost the same, but there 
is one section about the exchange of tickets, to which there isno 
objection. All the roads exchange tickets. 

Mr. COCKRELL. It provides for running- the cars on the same 
line? 

Mr. McMillan. On the same line exactly. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

ENTRY OP BUILDING-STONE LANDS. 

:Mr. PETTIGREW. I wish to call up from the Calendar Or- 
der of Business 296, bjing Senate bill 1273, which was passed over 
the other day without prejudice. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider Ihe bill (S. 1273) to authorize the 
entry of lands chiefly valuable for building stone, under thj 
placer-mining laws. 

Mr. PETTIGREW. 1 wish to offer an amendment to the bill. 
There is a law relating to four of the States for the enti-y of stone 
and timber lands, and it is feared on the part of Senators from 
those States that perhaps this bill, if it becomes a law as it is, 
may effect the repeal of that in some way. Under that law only 
surveyed lands can be entered, while the stone lands that are 
worth anything in my State are unsurveyed, and they have been 
taken under the placer-mining laws, and some of them have been 
patented; but during- the last three years the Department has 
decided that the placer-mining law docs not apply to land which 
is suitable only for building stone. So I offer this amendment 
in order not to effect the repeal of the law. 

The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. At the end of lino 8 it is proposed to add: 

Proinded further, That tliis act shall not be construed to repeal or in any 
way modify or affect the act of .Tune 3, 1878, in relation to the sale of timber 
and stone land in the States of California, Nevada, Oregon, and Wasliington 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

Mr. COCKRELL. I sliould like to ask one question. Under 
this bill, if it becomes a law, how much land can any one person 
take up? 

Mr. PETTIGREW. About 20 acres. 

Mr. COCKRELL. Only one claim? 

Mr. PETTIGREW. A person.can take more than one claim, 
but under existing law no person can take, as I tmderstand, to 
exceed 320 acres. He can take Just as much as he could take 
under the gold-mining law. For instance, imder the mineral 
law a person has to do $100 worth of work a year on a tract of 
about 20 acres and do it for five years, and then pay $5 an acre, 
the same as is done with the precious metals. 

The bill was ordered to bo engrossed for a third reading, read 
the third time, and passed. 

EXECUTIVE SESSION. 

Mr. SHERJilAN. I move that the Senate proceed to the con- 
sideration of executive business. 

The motion was agreed to; and tlie Senate proceeded to the 
consideration of executive business. After one hour and thirty 
minutes spent in executive session the doors were reopened. 
CIRCUIT COURTS OF APPEAL. 

The VICE-PRESIDENT. The Chiiir lays before the Senate 
the unfinished business, which is the bill (S. 1015) to facilitate 



the disposition of causes in the Court of Claims, the pending 
question being on the amendment submitted by the Senator from 
Virginia [Mr. Daniel]. 

Mr. HOAR. According to the understanding last week, I de- 
sire to call tip, as a privileged question, the motion to rocimsider 
the vote by whicli the Senate passed the bill (S. 2729) to amend 
an act entitled "An act to establish circuit courts of appeals, and 
to define and regulate in certain cases the jurisdiction of the 
couit-; of the United Statos, and for other purposes." I desire 
to move to lay the motion to reconsider on the table, but I do 
not propot-e to make that motion if anybody wishes to be heard 
upon it. 

Mr. PALMER. Has the motion to reconsider baen entered? 

Mr. HOAR. It is merely pending. I will move to lay that 
m jtion on the table, but I do not wish to do that if the Senator 
from Florida [Mr. Call] desires to address the Senate upon it. 

Mr. PALMER. I should like to state to the Senator from 
Massachusetts that the Senator from Florida, before he left, 
asked m_\ to call attention to this subject and to invite the atten- 
tion of the Senate again to one particular clause in the bill. 

Ml'. HOAR. It is not my purpose to make this motion until 
the debat; on the motion to reconsider is over, if there bi any, 
of course. 

Mr. PALMER. I .am not sufficiently acquainted with the 
rules to say what arguments could be addressed to the motion to 
reconsider. The object of the Senator from Florida who made 
the motion 

Mr. HOAR. The Senator from Florida who made the motion 
is now in his seat. 

Mr. PALMER. Ah I 

Mr. HOAR. If the S ;nator will pardon me, this is a bill to 
amend what is known as the judiciary a-3t of IS'Jl, which prin- 
cipally limits the taking of cases by way of exception from the 
district courts. Whan that bill passed on Thtirsday last the 
Senator from Florida [Mr. Call] moved to reconsid t, which is 
a privileged motion. I have given notice that I should call that 
up at 2 o'clock to-day. I propose to call it up, and it is now be- 
fofe the Senate. When such remarks have been made upon it 
as any Senator desires to make, I shall ask that the vote be taken 
upon it, by moving to lay it upon the table, which is the usual 
way of treating motions to reconsider. But I will not make that 
motion if the Senator from Illinois or any other Senator desires 
to speak. 

Mr. CALL. Mr. President, my object in asking for a recon- 
sideration of the vots by which this bill was passed was to en- 
able the objections made by my colleague [Mr. Pasco] to be 
properly consideivd by the Senate. This bill, changing the word 
" may " into "shall,'' deprives a large number of persons of the 
absolute right of ai)peal, and it gives the appeal a<x-ording to the 
sentence actually pronoun^'cd. The objection which was made 
by my colleague is certainly a very correct one, and that is that 
it gives to the presiding judge the opportunity of denying the 
right of appeal bj- fixing the sentenc3 at some amount less than 
the amount actually provided as the penalty in the law, the 
amount of the punishment, either fine or imprisonment, the ap- 
peal may be taken. 

This is done, it is true, in conformity with the recommendation 
of the Supreme Court of the LTnited States where a man is sen- 
tenced to pay a fine or to suffer a certain period of imprison- 
ment and the judge has the right to say, " I will affix the penalty 
so that this man shall not have the right of appeal:" it is un- 
qusstionably giving a power, and an arbitrary power, to the 
judge which he ought not to have; and considering the charac- 
ter of same of the judges which we have had — I will not say that 
we have now, but have had— in some portions of this country, it 
is a discretion which ought not to bo reposed in them. 

Mr. MORGAN. Will the Senator from Florida read that part 
of the bill the motion applies to? 

Mr. CALL. The bill provides as follows: 

That so much of the fifth section of the act of March 3, 1891, entitled -An 
act to establish circuit courts of appeals, aud to define and i-egulate in cer- 
tain cases the jurisdiction of the coiu'ts of the United States, and for other 
piu-poses." as provides that appeals or "WT-'its of error may be taken from the 
district or circuit courts direct to the Supreme Court in cases of conviction 
of a capital or other infamous crime, is hereby repealed, so far as affects 
cases other than capital aud exceptingcases where the defendant may be 

And the change made by the amendment to which my col- 
league objected was the substitution of word " shall" for "may." 

Shall be sentenced to a fine of $5,000 or upwards, or to imprisonment for 
more than one year. 

It thus changes the right of appeal from a class of cases in 
which the liability to the punishment is created by law to those 
cases in which the judge shall actually impose this sentence. 

Mr. MORGAN. If the Senator will allow me, I will state 
that the Senate the other day before the passage of the bill 
amended it so as to give the right of appeal in any class of cases 



1892. 



CONGEESSIONAL EECOED— SENATE. 



3405 



Grounds, to whom was i-eferred the bill (S. 2800) for the erection 
of a public building at the city of Dunkirk, N. Y., reported it 
without amendment, and submitted a report thereon. 

Mr. STOCKBRIDGE, from the Committee on Indian Affairs, 
to whom was referred the bill (S. 688) to amend sections 1 and 2 
of an act entitled "An act to authorize the sale of timber on cer- 
tain lands reserved for the use of the Menomonee trib^ of Indians, 
in the State of Wisconsin," and for other purposes, reported ad- 
versely thereon, and the bill was postponed indefinitely. 

He also, from the same committee, to whom was referred the 
bill (S. 1090) to amend section 1 and section 2 of an act entitled 
"An act to authorize the sale of timber on certain lands reserved 
for the use of the Menomonee tribe of Indians, in the State of 
Wisconsin," reported adversely thereon, and the bill was post- 
poned indefinitely. 

He also, from the same committee, submitted a report accom- 
panied by the bill (S. 2929) to regulate the cutting and sale of 
timber I'eserved to the use of the Menomonee tribe of Indians in 
Wisconsin; which was read twice by its title. 

Mr. ALLEN, from the Committee on Claims, to whom was re- 
ferred the bill (S. 1370) for the relief of the legal representatives 
of Mrs. Adeline Shirley, repoi'ted it with an amendment, and 
submitted a report thereon. 

Mr. ALLEN, from the Committee on Claims. I report ad- 
versely the bill {S. 723) for the relief of the legal representatives 
of Mrs. Adeline Shirley. The reason for reportinir this bill ad- 
versely is that its provisions are embraced in the other bill just 
reported. 

The VICE-PRESIDENT. The bill will be postponed indefi- 
nitely. 

Mr. HAWLEY, from the Committee on Military Affairs, re- 
ported two amendments intended to be proposed to the army 
appropriation bill; which were referred to the Committee on 
Appropriations, and ordered to be pinted. 

CLIMATIC FE.\TURES OF THE DAKOTAS. 

Mv. MANDERSON, from the Committee on Printing, to whom 
was referred the concurrent resolution submitted by Mr. Petti- 
GREW February 25, 1892, reported it without amendment, and it 
was considered by unanimous consent, and agreed t j, as follows: 

Ilesolcfd bij the Senate [the House of lii/>»feiitalire.i concurring therein). That 
5,000 copivs, comiirising the necessary text, tables, and charts, be printed of 
the paper entitled ■■ Certain Climatic Features ot the Two Dakotas," being a 
presentation of speci.al information collected by the Weather Bureau for a 
long series of years as to temperature, rainfall, winds, barometric pi'essures, 
evaporation, and atmospheric disttu-bances, which are believed to have 
marked influence upon ayricultm-al interests iu the said States. 

Sec. i. That 1.000 copies be for the use of the Senate. 3,000 copies tor the use 
of the House of Representatives, and 2,000 copies to be dlstribttted by the 
Weather Bureau. 

REMOVAL OF GARBAGE IN THE DISTRICT. 

Mr. HANSBROUGH, from the Committee on the District of 
Columbia, to whom was referred the resolution submitted by Mr. 
Blackburn on the 8th instant, reported it withotit amendment; 
and it was considered by unanimous consent, and agreed to, as 
follows: 

AVhere.as there was appropriated by the last Congress the sum ot $24,000 
for the removal of garbage in the District of Columbia for the year endin<' 
June 30. 1892; and ° 

Whereas it is stated by the Commissioners for the District of Columbia in 
their last annual report now before Congress that said appropriation is al- 
ready "practically exhausted," and anadditionalappropnationisasked for- 
Therefore, 

J3ei( resolccd bij the Senate of the United Stales in Congress ass(mbteil. That 
the Committee of the Senate on the District of Columbiais hereby instructed 
to investigate the manner and methods by which said appropriation has 
been expeuiled, and to report to the Senate at an early day the result of their 
investigations. 

Also, that said committee is directed to report what changes have been 
made iu the official management of the health department ot the District 
of Columbia, and for what reasons: and if any unusual or unfair means have 
been used to accomplish such changes. 

Also, if the present contractor for the transportation of garbage and the 
collection and transportation of dead animals in the District of Columbia is 
carrying out his contract according to the specitications thereof 

Also, if said contractor is an employ^ of the War Department, drawing a 
salary from the United States; and if so, why is he allowed to occupy such a 
double position. 

Also, if said coiuractor has been awarded a Ave years' contract tor the col- 
lection of garbage and dead animals in the District of Columbia ; and if so the 
amotmt ot said contract; and if said contractor has been allowed to sublet 
said contract ; and it so, to whom, and what consideration he received for the 
same. 

BILLS INTRODUCED. 

Mr. SHERMAN introduced a bill (S. 2930) for the relief of 
George Webb; which was read twice by its title, and, with the 
accompanying papers, referred to the Committ«e on Militarv 
Affairs. 

Mr. PADDOCK introduced a bill (S. 2931) to provide for the 
sui'vey and transfer of that part of Fort Randall military reser- 
vation in the State of Nebraska to said State for school purpose; 
which was read twice by its title, and referred to the Committee 
on Public Lands. 



Mr. FAULKNER introduced a bill (S. 2932) for the relief of 
William A. Griffin of Berkeley County, W. Va.; which was read 
twice by its title, and, with the accompanying papers, referred 
to the Committee on Claims. 

:Mr. STOCKBRIDGE introduced a bill (S. 2933) to limit the 
number of civil engineers of the Navy; which was read twice by 
its title, and referred to the Committee on Naval Affairs. 

Mr. DIXON (by request) introduced a bill (S. 2934) for the 
purpose of limiting the conditions in patents granted to citizens 
of other countries, to those demanded of American citizens by 
these countries respectively, and for other purposes; which was 
read twice by its title, and referred to the Committee on Patents. 

Mr. CULLOM (by request) introduced a bill (S, 29,3.")) to amend 
an act entitled " An act to )3rovide for the adjudication and pay- 
ment of claims arising from Indian depredations,"' approved 
March 3, 1891; which was read twice by its title, and referred to 
the Select Committee on Indian Depredations. 

Mr. PLATT introduced a bill (S. 2936) for the relief of the 
United States Regulation Firearms Company; which was read 
twice by its title, and referred to the Committee on Patents. 

Mr. MANDERSON introduced a liill (S. 2037) for the erection 
of a monument in the city of Washington to the memory of the 
late Commodore John Paul Jones; which was read twice bv its 
title. 

Mr. MANDERSON. I ask that the bill bo referred to tho 
Committee on the Library, and I desire to call the attention of 
that committee to some very valuable documents which accom- 
pany the bill. They wei'e prepared by a gentleman who has 
given very great research to the history of this eminent naval 
officer, and I hope that they will receive consideration at the 
hands of the committee. 

The VICE-PRESIDENT. The bill, with the accompanying 
pajwrs, will be referred to the Committee on the Library. 

Mr. CHANDLER introduced a bill (S. 2938) for the purchase 
of a marble bust of Ulysses S. Grant: which was read twice by 
its title, and referred to the Committee on the Library. 

Mr. VEST introduced a bill (S. 2939) for the relief of Austin 
Aukrom; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Military Affairs. 

Mr. HARRIS introduced a bill (S. 2940) for the relief of James 
A. Richardson, administrator of Ezekiel T. Keel, deceased, of 
Shelby County, Tenn.: which was re;u:l twice by its title, and 
referred to the Committee on Claims. 

Mr. PERKINS introduced a bill (S. 2941) forthe relief of John 
Scluih; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Claims. 

He also inti'oduced a bill (S. 2942) granting a pension to Law- 
rence Heffron, late private in United States Marino Corps; which 
wa-j read twice by its title, and, with the accompanying papers, 
referred to the Committee on Pensions. 

He also introduced a bill (S. 2943) granting an increase of pen- 
sion to Thomas H. Gohagan: which was read twice by its title, 
and referred to the Committee on Pensions. 

Mr. MCMILLAN introduced a bill (S. 2944) making the sur- 
veyor of the District of Columbia a salaried officer and to prgvic 
for more efficient service in the surveyor's office; which wasread 
twice by its title, and referred to the Committee on the District 
of Columbia. 

He also introduced a bill (S. 294.5) granting an honorable dis- 
charge to Almond ]Munson; which was read twice by its J 
and, with the accompanying papers, referred to the Comm 
on >Iilitary Affairs. 

He also introduced a bill (S. 2946) to amend an act entitled 
act to incorporate The Masonic Mutual Relief Association of 
District of Columbia," approved March 3, 1809; which was i' 
twice by its title, and referred to the Committee on the District 
of Columbia. 

i\Ir. FELT^ (by request) introduced a bill (S. 2947) to pro- 
vide a national currency circulating medium and to provide for 
the circulation thereof; which was read twice by its title. 

Mr. PADDOCK introduced a bill (S. 2948) to pension William 
H. Pierre; which was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. CALL introduced a bill (S. 2949) granting a pension to 
Josephine Glover; which was read twice by its title, and, with 
the accompanyingpapers. referred to the Committee on Pensions. 

Mr. DAWES introduced a bill (S. 29.")0) for the relief of tho 
legal representatives of Samuel Woods; which was read twice 
by its title, and referred to the Committee on Claims. 

Mr. FELTON (by request) introduced a joint resolution (S. R. 
74) proposing an amendment to the Constitution in reference to 
a national money system; which was read twice by its title. 

^Ir. FELTON. I have been requested to say in connection 
with the measures introduced by me that it is the desire to bring 
the subject before the Finance Committee for their considera- 
tion. I am told that tlfe sentiment is backed by a large number 



ttee 
'An 



3406 



CONGRESSIONAL EECOliD— SENATE. 



Apeil 19, 



of respectable and leadiiifj citizens. I move that the bill and 
joint resolution bo referred to the Committee on Finance. 
The motion was agreed to. 

AMENDMENTS TO BILLS. 

Mr. ALLEN and Mr. FELTON submitted amendments in- 
tended to 1)0 proposed by them, respectively, to the river and 
hai'borbill; which were referred to the Committee on Commerce, 
and ordered to bo printed. 

Mr. PETTIGREW submitted an amendment intended to be 
proposed by him to the sundry civil appropriation bill; which 
was referred to the Committee on Api^ropriations, and ordered 
to be printed. 

Mr. GRAY submitted five amendments intended to bo pro- 
posed by him to the river and harbor a])propriation bill: which 
were referred to the Committee on Approju'lations, and ordered 
to be printed. 

PUBLICATION OF COPYRIGHTED BOOKS IN 'i'HE EECORD. 

Mr. SANDERS. I submit a resolution and ask for its present 
consideration. 

The resolution was read, as follows: 

Jiesolved. That the Committee ou the .Judiciary be laslrueted to inquire 
Whether the publication In the Congressional Record, without the con- 
sent of the proprietor, of a copyriKhted tiook is an iufringemeui of the right 
granted to such jiroprietor of the sole liberty of printing, repriutiug, pub- 
lishing, completing, copying, executing, llul.shing. or vending the same, and 
whether the publicationtherein subjects any person who shall sell or expose 
to sale the Co-nguessionai. Record containing such reprint to the penalties 
prescribed in section 49134 of the Revised Statutes of the United States, and 
Whether any iwrson Is liable to the owner of such copyright book for dam- 
ages for such pxiblication; and if so, what person, and what action, if any, is 
desirable to be taken iu view of the publication of copyright books In the 
Congressional Record; and that said committee have leave to report by 
bill or otherwise. 

Mr. PLATT. I wish that the resolution may be pi'intod and 
lie over. I should like to look at it. 

The VICE-PRESIDENT. The resolution will be printed and 
lie over. 

HEARINGS ON CHEROKEE AGREEMENT. 

Mr. PLATT submitted the following- resolution; which was 
referred to the Committee to Audit and Control the Contingent 
Expenses of the Senate: 

Efsolved, That the Committee ou Indian Affairs, or any subcommittee 
thereof, have power to employ a stenographer to report hearings in connec- 
tion with Senate bill38T0,"to ratify and coutirm an agi-eement with the Cher- 
okee Nation of Indians of the Indian Territory, to make appropriation for 
carrying out the same, and for other purposes," and upon the relations ex- 
isting between the United States and the live civilized tribes of Indians. 
Said committee, or subcommittee, shall have power to send for persons and 
papers; and the expenses Incurred by such hearings shall be paid out of the 
contingent fund of the Senate, upon vouchers properly approved by the 
Chairman of said committee. 

IRRIGATION PUBLICATIONS OF GEOLOGICAL SURVEY. 
Mr. POWER. I submit a resolution and ask for its present 
consideration. 
The resolution was read, as follows: 

Unsolved, That the Secretary of the Interior be, and is hereby, requested 
to furnish the Senate with information in relation to the following matters 
and at as early a date as practicable: 

1. What documents, reports, monographs, papers, maps, and illustrations 
liave been printed dui'ing the fiscal years of 18S)0-'91 and 1891-'92for the United 
States Geological Survey in relation to irrigation, the storage of water, the 
ineastu'ing of streams, the construction and character of works In this and 
other countries, the survey of arid lands for reol.amation purposes; also if 
any have been printed in previous years, not already published and dis- 
tributed; and, if so, what relation such reports, etc., bear to the annual and 
special publications of the Geological Survey, as authorized by law, and at 
what date (it any such documents are now printed or printing) will they be 
ready for distribution? 

2. What reports relating to arid-land reclamation and Irrigation are in 
preparation in the offices of the United States Geological Survey and the 
United States Census; whether the same are now in course of printing; by 
Whom are such reports being prepared, and under what authority of law; 
from what appropriations are the costs of said reports, papers, etc., being 
borne, and from whatroUs are the persons employed thereat being paid, with 
a full statement or estimate of the cost of each of such publi^tions or docu- 
ments, both for preparation and printing, with the number to be printed and 
specific authority under which the work is being or has been done. 

3. That the Information asked shall include a statement as to whether any 
portion, and if so, what portions, of said reports, etc., have been previously 
published and circulated, either public or private papers and reports; also 
as to the authority of law under which such data have been gathered, the 
names and duties of those employed to obtain and prepare the same, the 
I'olls on which they are now or were borne and paid, the amount of the pay- 
ments to them while so employed, and the oflices or di\-isions to which tuey 
were assigned. 

Mr. PLATT. Mr. President 

Mr. HALE. Let that lie over. 

Mr. PLATT. I wish to suggest that it the resolution is to be 
passed on, the word " directed " ought to be inserted in place of 
the word "requested." I think we ought always to direct a De- 
partment in such resolutions. 

Mr. HALE. I should like to have the resolution printed and 
lie over. 

The PRESIDING OFFICER (Mr. Frye in the chair). Objec- 
tion being made, the resolution will lie ^er, under tho rule. 



Mr. PLATT. Let the change be made from " requested" to 
"dii'ccted." « 

Tlie PRESIDING OFFICER. The resolution has gone over. 

Mr. PLATT. I rose to make my suggestion befoi'e the objec- 
tion was made. 

The PRESIDING OFFICER. Tho Senator from Connecticut 
moves that the word "requested" be changed to the word "di- 
rected." Is there any objection':' The Chair hears none, and 
that amendment will bo made.' The resolution will go over, under 
the rule. 

GEORGETOWN AND TENNALL-iT^OWN RAILROAD. 

Mr. HALE submmitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

Iti'Sohe'J, That the Commissioners of the District of Coltunbla are hereby 
directed to forthwith iiivestlgate the oi^erations of the Georgetown and Ten- 
nallytown Railroad Company, as to whether said company has complied 
with the laws and regulations governing it, esiJecially in regard to roads, 
streets, and highways which are crossed by Its track; whether the rails are 
placed upon proper grade; whether gates are sufficiently maintained, and 
whet h'-r the roadl)ed of saitl tr;ick and of the street iu which it runs has i>een 
by said company in:tde unsuitable for travel, and whether any an-angeuient 
has been made with any other company tor the use of any i)art of its track 
or poles, and to report forthwith to the Senate. 

PRESIDENTIAL APPROVAL. 

A message from the President of the United States by Mr. O. 
L. Pruden, oiie of his secretaries, announced that tho President 
htid yesterday approved and signed the act (.S. 2388) to amend 
an act entitled "An act to authorize the Oregon and Washing- 
ton Bridge Company to construct and maintain a bridge across 
the ("olumbia River, 1)etweeii the State of Oregon and the State 
of Washington, and to establish it as a post road." 
FUNDING ACT OF ARIZONA. 

The PRESIDING OFFICER. If there are no further resolu- 
tions, concurrent or other, the Calendar is in order. 

Mr. I'LATT. I desire to make a statement with reference to 
a bill on the Calendar, and then to ask unanimous consent that 
it mav be taken up and disposed of at the present time. 

The PRESIDING OFFICER. Without objection the Senator 
will be recognized to make a statement. 

Mr. PLATT. The bill relates to a slight amendment in the 
funding act of Arizona. It is to make the interest on some bonds 
payable semiannually instead of annually. That is the only 
amendment to the law. It is necessary in order to enable the 
Territory of Arizona to sell its bonds under the act. An agree- 
ment has already been made for the sale of $1,. 500,000 of bonds if 
the bill can pass Congress, and the transaction is simply waiting 
for the passage of the bill. The other House has passed the bill, 
and I ask that it may be disposed of this morning. 

The PRESIDING OFFICER. The Senator from Connecticut 
asks, unanimous consent for the present consideration of tho bill 
(H. R. 5499) to amend an act entitled "An act approving, with 
amendments, tho funding act of Arizona," aijproved June 25, 1890. 
The bill will be read for the information of the Senate. 

The Chief Clerk read the bill, and, there being no objection, 
the Senate, as in Committee of tho Whole, proceeded to its con- 
sideration. 

Jvlr. PLATT. There is an amendment proposed by the com- 
mittee. 

The PRESIDING OFFICER. The amendment will be stated. 

The Chief Clerk. The Committee on Territories report to 
add to section 2: 

And no further Territorial legislation shall be necessary in order to make 
said Territory liable for the principal and interest of said bonds: and no 
further advertisement for the sale of Sl,5(Xi,000 of said bonds at not less than 
par shall be necessary. 

The VICE-PRESIDENT. The question is ou agreeing to the 
amendment of the committee. 

Tlie amendment was agreed to. 

!\Ir. STEWART. Mr. President, I wish to call attention to 
tho fact that this bill provides for tho payment of interest in 
gold . 

Mr. PLATT. Or in its equivalent in lawful money. 

Mr. STEWART. Or in its equivalent in lawful monej'. It is 
tho first measure passed by Congress, at least since the resump- 
tion act, which has made any distinction in the different kinds 
of United States money. I do not know but that the original act 
conlained the same provision. 

Mr. PLATT. The act passsd by the Legislature of Arizona 
in 188" contained the same provision. The same language is fol- 
lowed in this bill. 

Mr. STEWART. This will probably be used by our gold 
friends to show that tho people of Arizona are opposed to the 
free coinage of silver and that they have joined the gold com- 
bination. The bill in this form will undoubtedly be used as an 
argument for that purpose. I do not think it will be a very 
sound argument, because it is the gold men themselves who re- 
fuse to loan money to Arizona unless they can make these terms. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3407 



It is rather a forced loan, such as the gold men are in the habit 
of making-. They take advantage of everything of this kind to 
patch up their cause, being unable to show that there is gold 
enough for use as money, or that the legislation of 18T3 was wise 
legislation, or that prices are not changing all over the world in 
consequence of an inadequate basis for circulation. The fact 
that we have only about half the amount of metallic coin in the 
commercial world that we had eighteen years ago is not denied, 
and its baneful effects are felt everywhere and can not be denied 
by argument. The advocates of a gold standard resort to little 
catch things like this where a Territory is forced to accept their 
terms to Drove that they have adherents and advocates. 

A few days ago some industrious individual in the employ of 
the gold men ascertained that I had made some mortgages pay- 
able in gold in California, where the gold law prevails and whore 
any man who does business must sign a note payable in gold. If 
he' gets a discountatabank.orif he does business in that country, 
he must do as they do. As I explained the other day, I gave no 
direction in regai'd to the matter; it was done by an agent, who 
took the mortgages on the usual blanks prepared by the gold 
men. That has been commented upon, and I think the editor of 
every leading paper in the United States has taken the trouble 
to write aa editorial on it, as if that had anything to do with the 
grasp of contraction, as if that had anything to do with the op- 
pr^ssion of mankind occasioned by the destruction of one-half of 
the basis of circulation! 

I simply call attention to this matter. We shall hear from it 
again. I shall not take anj" further action than to call attention 
to it, because the Territoi'y of Arizona is in a deplorable condi- 
tion, with an enormous debt, and the people of that Territory 
think this measure will be some relief. They think this funding 
bill will put their finances in a-ljetter condition. Whether that 
be true or not, time will tell. At all events, lam disjiosed to al- 
low them to manage their own affairs, and am willing that the 
gold trust shall have all the benefit of the provision in this bill: 
but they will call attention to the fact that Congress is recogniz- 
ing a difference between the different classes of money which ai'e 
in use. 

:Mr. PL ATT. Mr. President, I am very glad that the Senator 
from Nevada does not feel it necessary to oppose this bill. I de- 
sire to make a simple statement about it. 

The original act, which we are now asked to amend, was passed 
in 1S87 by the Legislative Assembly of the Territory of Arizona. 
The only change that wc make in it is to make the interest pay- 
able semiannually instead of annually. The law, so far as re- 
lates to the payment of interest in gold or its equivalent, is pre- 
cisely the language employed in the original act by the Legis- 
lature in 1887. The sale of these bonds upon the contract which 
has alreadj- been made will save the Territory of Arizona about 
$7,000 per month interest, and the people of that Territory are 
very anxious that the bill shall pass without further delay, 

]\Ir. COCKRELL. Mr. President, the bill which was passed 
by the House of Rei^resentatives contains a provision that the 
interest "shall be paid in gold coin of the United States," with- 
out saying anything about ''or its equivalent." The act of the 
Territorial Legislature of the Territorj* of Arizona contains the 
words that "the interest shall be payable in gold coin or its 
equivalent in lawful money of the United States." 

Mr. PLATT. I think the Senator is mistaken about that. 

Mr. COCKRELL. I am only going by the Senator's own re- 
port as he has it printed here. 

Nv. PLATT. There is a mistake in the print. If the Senator 
will listen to the reading of the bill I think he will see that the 
language is all right. 

Mr. COCKRELL. I not only listened to the reading of it, but 
I have it, and I am able to read, and I see the bill has not the 
■words "or its equivalent in lawful monej-." 

Mr. PLATT. I think the Senator is mistaken. 

ISIr. COCKRELL. Wo shall see who is mistaken. 

J>Ir. PLATT. On looking at the bill I see the Senator is 
rffcht. 

Mr. COCKRELL. I rather thought the Senator from Con- 
necticut was mistaken. 

Mr. PLATT. I agree that I was. 

Mr. COCKRELL. It is all right, then. 

This bill provides further, in accordance with the language of 
the Territorial statute, that the principal of these bonds shall be 
payable in lawful money of the United States. The principal being 
payable in lawful money of the United States is the only reason 
why I shall make no objection to the passage of the bill, though 
I believe the principle is wrong' in not making the interest pay- 
able in lawful money, but the principal is payable in lawful 
money. 

Mr. KYLE. I wish to offer an amendment, to strike out, in 
line 11, of section 1, the words " gold coin " and insert " lawful 
money." 



The VICE-PRESIDENT. The amendment will Ije statecT 
The Secretary. In section 1, line 11, after the words " paid 

in," it is proposed to strike out "gold coin" and insert " lawful 

money; " so as to read: 

Said bond.s shall bear interest at a i-ate to I>e fixei by said loau commissiou- 
ers, but in no case to exceed 5 per cent per auntiin, which Interest shall be 
paid In lawful money of the United States, etc. 

The VICE-PRESIDENT. The amendment will }x considered 
as agreed to, if there be no objection. 

Mr. PLATT. No, Mr. President, it will not be considered as 
agreed to without objection, for I object to it. 

The VICE-PRESIDENT. Then the CUiair will put the ques- 
tion on the amendment. 

Mr. KYLE. I call for the yeas and nays. 

The yeas and nays were ordered. 

jSIr. PLATT. Mr. President, I desire to make this statement 
about the bill. The Territorial Delegate desires that the bill 
shall be jjassed in its present form; all the officers of the Terri- 
tory desire that the bill shall be passed in its present form. Tlio 
contract has been made for the sale of these bonds ujwn the 
theory that the bill would be passed by the Senate as it camo 
from the other House, and I hope that no change will bs made 
in it. It is a matter which it seems to me the people of the Ter- 
ritory have a right to regulate in their own way. 

Mr. PEFFER. Mr. President, I shall trouble the Senate but 
for a moment. The request of the Senator from Connecticut 
[Mr. PtiATT] is Isased upon the action of the Delegate from the 
Territory of Arizona, as I understand it. 

Mr. PLATT. Certainly it is. 

Mr. PEFFER. I am opposed to changing the tenor and the 
spirit of the laws of the United States at anj'body's request ex- 
cept at the request of the people themselves. Wc are now just 
entering upon what I believe will be the most stupendous strug- 
gle in our history upon this very question as to whether or not 
wo are going to pay or pro])ose to ])ay our debts in gold instead 
of in lawful money of the United States, and I hope that this 
amendment will carry. If it be necessary to repeal the law and 
enact a new one very good, but it does not matter about that so 
f^r as I am concerned and the people whom I represent. 

The VICE-PRESIDENT. The question is on the amendment 
of the Senator from South Dakota [Mr. Kyle], upon which the 
yeas and nays have been ordered. 

The Secretary proceeded to call the roll. 

Mr. CULLOM {when his name was called). lam paired with 
the Senator from Delaware [Mr. GrayJ. 

Mr. DAVIS (when his name was called). I am paired with the 
Senator from Indiana [Mr. Turpie]. 

Mr. DAWES (when his name was called). I am paired with 
the senior Senator from Alabama [Jlr. INIorgan]. 

Mr. FAULKNER (when his name was called). I am paired 
with the junior Senator from Pennsylvania [ilr. Quay]. 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. ISIorrill]. I should vote 
" yea" if the Senator from Vermont were present. 

Mr. INIcMILLAN (when his name was called). I am paired 
with the Senator from North Carolina [Mr. Vance], and there- 
fore withhold my vote. 

Iilr. PALMER (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Hansbkough]. 

j\Ir. POWER (when his name was called). I am paired with 
the Senator from Louisiana [Mr. White], 

Mr. WARREN (when his name was called). I am paired with 
the Senator from Georgia [Mr. Gordon]. Not knowing how he 
would vote on this question if present, I withhold my vote. 

The roll call was concluded. 

Mr. BUTLER. I am paired generally with the Senator from 
Pennsylvania [Mr. Cameron]. I do not know how he would vote 
on this proposition, and I therefore withhold my vote. If he 
were present I should vote " yea." 

Mr. HARRIS. I suggest .to the Senator from Michigan [l\Ir. 
2\IcI\Iillan], he being paired with the Senator from North Caro- 
lina [Mr. Vance] and I with the Senator from Vermont [Mr. MOR- 
KILL,], that we transfer our pairs and record our votes. 

Mr.McMILLAN. Thatissatisfactorytome,andIvotc "nav." 

Mr. HARRIS. I vote "yea." 

Mr. CALL (after having voted in the affirmative). I am paired 
with the Senator from Vermont [Mr. PROCTOr], and therefore 
withdraw my vote. 

Mr. CARLISLE. Is the senior Senator from Ohio [Mr. Shee- 
m.\n] recorded as voting? 

The VICE-PRESIDENT. He is not recorded. 

Mr. CARLISLE. I am paired with that Senator, and with- 
hold mv vote. 

Mr. GEORGE. Has the Senator from Oregon [Uv. Dolph] 
voted? 

The VICE-PRESIDENT. He has not. 



3408 



CONGRESSIONAL RECORD— SENATE. 



Apeil 19, 



Jlr. GEORGE. I am paired with him, and withhold my vote. 
If he were present I should vote "yea." 

Mr. FELTON. I am paired with the Senator from Ohio [Mr. 
Brice]. If he were present I should vote " nay." 

Mr. HISCOCK (after having- voted in the affirmative). I am 
paired with the Senator from Arkansas [Mr. Jones]. I did not 
hear him vote, and therefore I withdraw my vote. 

Mr. r;AN.SOM. I am paired with the Senator from Maine [Mr. 
Hale], who is temporarily and necessarily absent from the Sen- 
ate. I should vote "yea" if ho were present. 

Mr. HISCOCK. I suggest to the Senator that ho and I ti-ans- 
fer our pairs. I am paired with the Senatorfrom Arkansas [J\Ir. 
Jones] and the Senator from North Carolina is paired with the 
Senator from Maine [Mr. Hale]. By a transfer of the pairs we 
shall both be at liberty to vote. 

Mr. KANSOM. Tliat is satisfactory to me. 

Mr. HISCOCK. Then my vote may stand. 

Mr. RANSOM. I vote "yea." 

Mr. BERRY. Under the arrangement just made, my colleague 
[Mr. Jones of Arkansas] will be i^aired with the Senator from 
Maine [Mr. Hale]. If my colleague were present he would vote 
"yea." 

!Mr. PLi.'VTT (after having voted in the negative.) I voted in- 
advertently. I am paired with the Senator from Virginia [Mv. 
Barbouk]. If my vot3 standing would make a quorum I should 
let it remain, but as I undei'stand it will not, I desire to with- 
draw it for the present. 

The result was announced — yeas 21, nays 15; as follows: 

YEAS~2I, 



Dubois, 


Kyle, 


Gibson, Md. 


Pi-rter, 


Hansbrough, 


Pnah, 


Harris, 


Ransom, 


.Tones, Nev. 


Stewart, 


Keuna, 


Teller, 



Vest, 

Waltliall, 

Woleott. 



Bate, 

Uerry, 

C^ockrell, 

Col(e, 

(^^olquitt, 

Daniel, 

^ NAYS— 15. 

Allison, — Fi^ye, McMillan, 

Carey. a:i Hawley, Paddooli, 

Chandler, cD Hiscoclt, Pettigrew, 

Dixon, CO Hoar, Sawyer, 

.^ NOT VOTING-52. 

Aldrlcli, CJ Dawes, Ii'by, 

Allen, li Dolph, Jones, Ark. 

Barbour. 2q^ FaulUner, McPherson, 

Blackburn, -, Fclton, Mandersou, 

Blodgett, c/3 Gallinger, Mills, 

Brice, George, Mitchell, 

Butler, *— Gibson, La. Morgan, 

Call, O Gordon, Morrill, 

Cameron, '-'— Gorman, Palmer, 

Carlisle, Gray, Pasco, 

Casey, Hale, Perkins, 

CuUom, Higgins, Piatt, 

Davis, Hill, Power, 

The VICE-PRESIDENT, A quorum has not voted. 

Mr. PLATT and Mr. COCKRELL. Let the roll of the Senate 
be called. 

The VICE-PRESIDENT. The Secretary will call the roU. 

The Secretary called the roll, and the following Senators re- 
sponded to their names: 

Allen, Daniel, Jones, Nev. Ransom, 

Allison, Dixon, Kenna, Sa\vyer, 

Bate, Dubois, Kyle, Shonp. 

Berry, Faulkner, McMillan, Stewart. 

Blackburn, Felton, Mauderson, Stockbridge, 

Blodgett, Frye, Mitchell, Teller, 

Butler, Gibson, Md. Paddock, • Vest, 

Call. Gray, Palmer, Walthall, 

Carey, Hale, PefTer, Warren, 

Carlisle, Hansbrough, Perkins, Washburn, 

Chandler, Harris, Pettigi'ew, Wilson, 



Stockbridge, 

Washburn, 

Wilson. 



Proctor, 

Quay, 

Sanders, 

Sherman, 

Sho\ip, 

Squire, 

.Stanford, 

Turpie, 

Vance, 

Vilas, 

Voorhees, 

Warren, 

White. 



Cockrell, 


Hawley, 


Piatt, 


Wolcoit 


Coke, 


Hill, 


Power, 




Colquitt, 


Hiscock, 


Proctor, 




CuUom, 


Hoar, 


Pugh, 





The VICE-PRESIDENT. Fifty-seven Senators have re- 
sponded to their names. A quorum is present. The yeas and 
nays will bo again taken on the amendment of the Senator from 
South Dakota [Mr. Kyle]. 

The Secretary proceeded to call the roll. 

Mr. BUTLER (when his name ^\■as called). I am paired with 
the Senator from Pennsylvania [Mr. Cameron]. If he were 
present I should vote "yea." 

J\Ir. HARRIS (when his name was called). Being paired with 
the Senator from Vermont [Mr. Morrill], the Senator from 
Michigan [Mr. IMcMillanJ and myself have consented to trans- 
fer our pairs, and I vote "yea." 

Mr. HIGGINS (when hi.s name was called). I am paired with 
the senior Senator from New Jersey [Mr. McPherson]. If he 
were present I should vote "nay." 

Mr. PLATT (when his name was called). I am paired with 
the Senator from Virginia [Mr. Barbour], and shall not vote 
unless it becomes necessary to make a rxuorum. 



Mr. POWER (when his name was calltjd). I am paired with 
the Senator from Louisiana [Mr. White]. If he were present I 
should vote "yea." 

Mr. WARREN (when his name was called). I am paired with 
the S'jnator from Georgia [Mr. Gordon]. 

The roll call was concluded. 

Mr. FAULKNER. I am paired with the junior Senator from 
Pennsylvania [Mr. Quay]. If ho were present I should vote 
"yea." 

Mr. PLATT. I suggest to the Senator from West Virginia 
that he and I transfer our jiair--:, so that the Senator from Vir- 
ginia [Mr. Barbour] and the .Senator from Pennsylvania [Mr. 
Quay] will stand paired, and we shall be at liberty to vote. 

Mr. FAULKNER. That is satisfactorv to me. 

Mr. GEORGE. Has the Ssnator fi-om Oregon [Mr. Dolph] 
voted'.-' 

The VICE-PRESIDENT. He is not recorded. 

Mr. GEORGE. I am paired with that Senator, and withhold 
my vote. If he wore pre-ent I should vote " yea." 

Mr. HIGGINS. The Senator from South Carolina [Mr. But- 
ler] and I have agreed to transfer our pairs. He is paired with 
the Senator from Pennsylvania [Mr. Cameron], and I with the 
Senator from New Jersey [Mr. McPhersON]. We will transfer 
those pairs, so tliat we can both vote. I vote " nay." 

Mr. BUTLER. Under that arrangement I vote " yea." 

Mr. HISCOCK (after having voted in the negative). Has the 
Senator fi-om Arkansas [Mr. JoNES] voted? 

The VICE-PRESIDENT. He has not. 

Mr. HISCOCK. I am paired with that Senator, but i under- 
stand that the Senator from Rhode Island [Mr. Aldrich], who 
is absent, is not paired. Therefore, I transfer my jiair with the 
Senator from Arkansas to the Senator from Rhode Island [Mr. 
Aldrich], and I will let my vote stand. 

The result was announcetl — yeas 28, nays 24; as follows: 



Allen, 

Bate, 

Berry, 

Blackburn, 

Blodgett, 

Butler, 

Call, 



Allison, 

Carey, 

Chandler, 

CuUom, 

Dixon, 

Frye, 



Aldrich, 

Barbour, 

Brice. 

Cameron, 

Carlisle, 

Casey, 

Davis, 

Dawes, 

Dolph. 



X 

-a 

d 

00 






3 
C/3 



Cockrell, 

Coke, 

Colquitt, 

Daniel, 

Dubois. 

Faulkner, 

Gibson, Md. 



Gray, 

Hale, 

Hawley, 

Higgins, 

Hisi-0(-k, 

Hoar, 



YEAS-28. 

, Hansbrough, 
Harris, 
Hill, 

Jones, Nev. 
Kyle. 
Mitchell, 
Pefler, 

NAYS— 24. 

McMillan, 

Manderson, 

Paddock, 

Palmer, 

Perkins, 

Pettigrew, 



Pugh. 

Ransom, 

Stewart, 

Teller, 

Vest, 

Walthall, 

Wolcoit. 



Piatt. 

Proctoi", 

Sa\vyer, 

Stockbridge, 

Washburn, 

Wilson. 



NOT \ 


'OTING-36. 




Felton, 


McPherson, 


Snoup, 


G.allinger, 


Mills. 


Squire, 


George, 


Morgan, 


Stanford, 


Gibson, La. 


Morrill, 


Turpie, 


Gordon, 


Pasco, 


Vance, 


Gorman, 


Power, 


Vil.as, 


Irby, 


Quay, 


Voorhees, 


Jones, Ark. 


Sanders, 


WaiTen, 


Kenna, 


Sherman, 


White. 



So the amendment was agreed to. 

The bill was reported to the .Senate as amended. 

Mr. CAREY. Mr. President,I wish to makeastatementwith 
reference to this bill, which was considered by the Committee on 
Territories. 

Mr. Smith, the Delegate from Arizona, who is in favor of tlie 
free coinage of silver, appealed to the Committee to amend this 
bill. A law was passed in the last Congress providing for tin- 
funding of the indebtedness of Arizona. That law provided tluit 
interest shoidd be paid in gold or its equivalent in lawful monr v. 

Mr. KYLE. May I ask the Senator a question thereV 

The VICE-PRESIDENT. Does the Senator from Wyomir,- 
yieldV 

Mr. CAREY. Yes, sir. 

Mr. KYLE. Does the law provide that the interest shall be 
paid in gold oi- in lawful monej'? 

Mr. CAREY. In gold or its equivalent in lawful money, and 
that is the law on the statute book to-day. 

]\Ir. Smith came before the committee and said that unless this 
bill was amended and the interest made payable semiannually 
instead of annually, as in the law, they could notsell their bonds. 
He further stated— audit hasbeen confirmed by the speech of the , 
Senator from Nevada [Mr. Stewart] — that the universal custom i 
in the Territory of Arizona, in Nevada, and in California, is to| 
pay indebtedness, principal and interest, in gold. 

I am opposed to the free coinage of silver. I am convinced^ 
that it is not right that this Government should to-day coin all 
the silver that may be preseirted at the mints. I do nyt believe 
in making contracts payable in gold, yet I believe it is the rigbt 
of a Territory, or of a State, or of the Government of the United 



1892. 



CONGEESSIONAL RECORD— SENATE. 



3409 



states to make a contract in gold if it wishes to do so. On Mr. 
Smith's personal appeal the Committee on Territories agreed 
to so report this bill. 

What was the nature of his appeal? He stated that the peo- 
ple of Arizona were burdened with an indebtedness, thoy were 
paying $150,000 per annum in interest, and they had to strain 
every nerve to raise the necessary amount to pay the interest. 
He says the minute that the law is amended as proposed by this 
bill the Territory of Arizona has a contract by which it can dis- 
pose of its bonds and save $75,000 per annum. 

These are the reasons why I voted as I did to maintain the pro- 
vision of the bill, that the poople of Arizona if they wished to 
do so, may make a contract to pay their interest in gold and not 
in lawful money, and they can not sell their bonds unless thev do 
so. 

Mr. TELLER. Mr. President, the provision to pay in lawful 
money is a provision to pay in gold or "silver at the option of the 
debtor. At this time, fortunately, the term " lawful money " in- 
cludes both gold and silver. In practice these people can pay in 
gold Lf they prefer. The United States has no obligation pay- 
able m gold save the gold certificates, in which case the Govern- 
ment acts simply as a trustee. 

Why should we now discriminate in favor of one kind of money' 
Is there any condition of affairs in this country which justifies 
anybody in saymg that gold is more valuable for payment than 
silver? _ Is it any advantage to the people of Arizona Territory 
to pay in gold? Is it any burden for them to pay in silver or 
paper, which is included in the term " lawful money? " 

If the Territory of Arizona can not sell its bonds, it is bscause 
the people who have the money distrust that Territory. Th^ 
State of Colorado is able to sell its securities payable in lawful 
money. It has recently sold at more than jiar $300,000 of its 
bonds, payable in lawful money. 
Mr. HISCOCK. At what rate of interest? 
Mr. TELLER. Pour per cent. I do not know what rate of in- 
terest IS provided for in this bill. 
Mr. PLATT. Five per cent. 

Mr. TELLER. You can sell in any of the markets of this 
country the securities of any municipal corpoi-ation or any State 
that is solvent, payable in lawful money. 

Mr. CAREY. I will say to the Senator that, if he will make 
inquiry, he will find that it is very difficult to sell Western bonds 
now. 

Mr. TELLER. I am as well advised upon that subject as the 
Senator from Wyoming; I spend as much time studyino- these 
questions as the Senator from Wyoming; I am as familiar with 
the markets of the world as the Senator from Wyomino-, and I 
can put in the markets of the world the securities of any''solvent 
corporation in the United States payable in lawful money 

Mr. STEWART. You can not if the United States discrimi- 
nates against it. 

Mr. TELLER. The United States ought not to discriminate 
against its money of any kind. I say here, Mr. President, that 
If there is any difficulty in selling these bonds, it is not because 
the term ' lawful money" is there. If these people are bur- 
dened with a great debt and are paying largo amounts of inter- 
est, with proper management and proper attention they can "-ot 
out of debt without burdening themselves with a payment whtch 
must ultimately cost them 40 or 50 per cent more, especially if 
the sentiments expressed by the Senator from Wyomino- TMr 
Carey] and the people who think with him shall prevail m this 
country. These people will, when thoy pay their debt, not only 
pay the interest with appreciated money year by year, but nav 
the principal with appreciated money. 

"Lawful money'' is the termed used in the statute, or "coin 
of the United States." I am willing that the bill shall be 
amended so as to read "payable in United States coin." I am 
not willing to vot^ for the bill, and I will not give my vote for it 
if the amendment is not allowed to stand; nor will I vote foranv 
security made by the United States or by its authority which 
disparages one of tlio money metals, or even that respectable 
class of American money called greenbacks, which are included 
m the term "lawful money." 

Mr. DANIEL. Mr. President 

¥/■ I^'^^tTtF; ^}}} "^® senator yield to me for a moment? 

Mr. DANIEL. With pleasure. 

Mr. PLATT. I regret very much that a simple bill of this sort 
should start anew this financial discussion in the Senate I do not 
want to enter into it. We are not passing any independent law 
we are simply approving an act which the Territory of Arizona 
passed some time ago, and I am perfectly content that the vote 
shall be taken. If the amendment is adopted as it is, I shall not 
call for a separate vote on it in the Senate. I appeal to the Sen- 
ator from Virginia to let this bill be disposed of, but still if he 
wishes to enter into the discussion, that is his right. ' 

Mr. DANIEL. I yield to the appeal of the Senator not to e.\- 



XXIII- 



pose the fallacies of the gold men any more. I think they hava 
been sufficiently exposed by what has been said here. 

Mr. PLATT. The discussion has been all on that side, I be- 
lieve, so far. ' 

Mr. DANIEL. I will consent, out of respect to the Senator, 
^"t ^'\''T?JTii® feelings any more, and let the vote be taken. 

Mr. PALMER. Mr. President, I wish to say that I do not 
undei^tand the question discussed by the Senator from Colorado 
[Mr. lELLERj to bo involved at all. I understand that the poo- 
ple of Arizona have a debt which they suppose they can compro- 
mise upon certain terms which suit them, and tliat the only 
question before the Senate is whether the peo])le of Arizona shall 
be allowed to regulate their own affairs in their own way or 
whether we shall interfere with them and rcq.iiro them to ad- 
just them according to our way. 

I do not understand that the question discussed by the Senator 
from Colorado is involved at all. because the underlying question 
is this: Shall Congress undertake to regulate these matters for 
tliose people, which they understand and which concern them? 
Whatever burdens arc assumed, they assume. I believe in tlie 
doctrine that the wisest people are those intrusted with the' 
management of their own business, and that he who is interested 
s always wiser tha^i the man who is not. 

rAr^'"^,^'^'^^'^'^' '^^'■' P''esident, my friend from Connecticut 
[Mr. Platt] does not exercise his powers ol persuasion upon 
gentlemen who wish to speak upon the other side of this ques- 
tion, and until ho gets a little more impartial I am afraid that I 
shall have to infiict upon him a few remarks, at least, in sunjiort 
of the Constitution of this country and of the bimetallic currency 
which was adopted for this nation just one hundred years ago. 

Mr. PLATT. I assure the Senator that I shall listen to him 
with great pleasure. 

Mr. DAN [EL. I am very much obliged to the Senator. 

Mr. President, this is just one, of the little entering wedges by 
which Congress is invited to revoluti<mizo the solemn policy 
which was declared to be the fixed policy of this Govcrnmsnt a 
little over a year ago, to keep its constitutional metallic currency 
at par, that is, the coin of one metal at par with the other. 

There is no difficulty inherent in the nature of the case in sus- 
taining our silver metal at par with our gold metal when it is 
coined. We have a slang phrase, which even gentlemen who 
occupy the position of statesmen condescend at some time to use. 
ill which they speak of oursolid, old-fashioned, hundred-years-old 
silver dollar as an SO-cent or a 70-cent or a (ill-cent dollar. Mr. 
President, it would be impossible for Ananias himself to embody 
in so many words a more unadulterated and unalloyed falsehood 
than is attempted to be imposed upon the people by any such dec- 
laration as that the silver dollar is an 80-cent or a 70-cent or a 
0!)-cent dollar. 

We are told also that valuesmustbeleft to regulate themselves, 
as if money grew upon trees like apples and poaches grow; as if 
money sprang up in fields as wheat and corn spring up; as if any- 
body in the country who cho^e to do it could create money as 
he may create some fabric of the factory, or cultivate some prod- 
uct of the pasture or the field. 

Mr. STEWART. May I interrupt the Senator? 

Mr. DANIEL. It is no interruption. 

Mr. STEWART. I wish to suggest that the silver dollar is 
worth a dollar when it has the stamp ot the Government upon 
it, and it is only depreciated because of the policy which has 
been pursued in relation to silver. 

Mr. DANIEL. I understand that, and I am going to say that 
before I get through, but we can not say everything at the same 
time when we are trying to put one argument on top of another. 

Mr. President, this misstatement of fact that we have a depre- 
ciated dollar and this economic fallacy thatCongress has nothing 
to do with regulation of value are the two errors that lie at the 
root of all the doctrines which are preached against our constitu- 
tional currency. 

What is a dollar? A dollar is defined in our laws vmder our 
Constitution to consist of so many grains of silver, or of .so many 
grains of gold plus the stamp of the Government and plus the 
power and force of the Government behind the stamp to make 
that coin accepted by all who may have the right to demand a 
dollar as legal tender in the discharge of debt. A cent is a mere 
mathematical expression for a hundredth jiart of that thing 
which is a dollar, and to speak of the silver dollar as containing 
only f)9 cents is to say that 100 and (V.) are the equivalents of each 
other — that 100 times one is 09. 

Mr. President, as to this matter of the regulation of value, 
our forefathers one hundred years ago when they fashioned tho 
Constitution appreciated 

The VICE-PRESIDENT. The Senator's time has expired. 

Mr. STEWART. I ask that the Senator be allowed to pro- 
ceed with his remarks by unanimous consent. 

The VICE-PRESIDENT. Is there objection? 



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Apeil 19, 



Mr. PIiATT. I hope that the bill may be disposed of this 
morniug'. 

The VICE-PRESIDENT. The Chair hears no objection to the 
Senator from Virginia proceeding. 

Mr. DANIEL. I will hurry through. 

Our forefathers one hundred years ago, when they fashioned 
the Constitution, appreciated the fallacj' of some economists who 
declare that you can not regulate values, and made it the duty 
of Cong'ress not only to coin money, but "to regulate the value 
thereof." 

Mr. President, whenever you put the dollar in the silver, j'ou 
find the silver in the dollar, showing that when you coin money 
and give the metal the functional right of money, by that very 
act you bring all of our money to par. 

I was astonished at the nature of the argument used l)y the 
Senator from Wyoming [Mr. Carey]. He says that the people 
of Arizona are afflicted with debt, that they are poor and are 
aijpealing to Congress to increase their financial facilities to pay 
debt, and yet, in the same breath, he tells the Senate that he 
would deny to them the right to coin tlie metal w-hich is stored 
in their own soil and make it money for the purpose of relieving 
them from that debt. 

Mr. CAREY. If the Senator from Virginia will permit me to 
make a statement 

Mr. DANIEL. With pleasure. 

Mr. CAREY. The law itself that we are legislating in refer- 
ence to is an act of the Legislature of Arizona, a funding bill 
passed by the Legislature, which provides for the payment of 
the interest on the bonds in gold. 

Mr. DANIEL. Why isCongress asked to give its approbation 
to that act'? 

Mr. PLATT. It is not asked to give its approbation to that 
act. It is simply asked to make the interest payable semi- 
annually instead of annually, as the act required, and that at the 
request of the people of Arizona. 

Mr. DANIEL. Then, Mr. President, if the people of Arizona 
want favor from Congress I would require them first to respect 
that public policy which Congress has declared to be the ti.xed 
policy of this nation, and I would grant no favor to any suitor 
who came seeking to undermine the money fabric of this coun- 
try, to gorge those who are trying to turn us upon the single 
gold standard and to contract our curi-ency. Least of all did I 
expect to liear a Senator who represents one of the fresh young 
States of this country, a land which God has stored with the 
precious metals, use arguments against these riches of his own 
coiuitry, and while ai)pealing to Congress to relieve the wants of 
an indebted community, to proclaim that he is opiiosed to allow- 
ing that very community to use the means with which nature 
has provided them for their own relief. 

Mr. President, this is but an indication to me that no wave of 
the wand can destroy a question which is as widesjjread as this 
nation, and which has its advocates in every hamlet, in every 
county, and in every State. The silver question is not going to 
down at any man's bidding or at any party's bidding. It will 
press itself for solution until our Constitution is obej-ed and un- 
til the spirit as well as the profession of bimetallism is respected. 

A distinguished statesman of New York, Mr. President, has 
called attention to the fact that there is now no ratio fixed be- 
tween gold and silver. The Constitution provided that Con- 
gress should regulate the value of money in order that it might 
fix the ratio between these two metals. We have fixed the value 
of the gold dollar, we have fixed the value of the silver dollar, 
and we have fixed the value of gold bullion, but we liave not fixed 
the value of silver bullion. 

Gentlemen sometimes say that gold is of a value which sup- 
ports itself. It does not support itself. The gold bullion is 
always equal to the gold dollar, because the law will turn it at 
the expense of the whole people of the United States into a gold 
dollar at any one's request. The idea of our Constitution was 
that we should have an automatic currency, that it should regu- 
late itself as the blood is regulated in the system by the action of 
the heart, that demand and supply might adjust themselves to 
each other by laws which would operate of their own force with- 
out further legislation. 

It was provided that we should have free coinage of gold and 
free coinage of silver in order that this result might bf accom- 
plished, and with the free coinage of both metals at that ratio 
that the law fixed, is it not evident that the metals would run 
into coin when there was want of money and run out of coin into 
jewelry and into ornaments when there was abundance'? But as 
the law stands to-daj% only the value of gold is fixed. How is it 
fixed? It is fixed by the fact that the people of this whole coun- 
try at their expense established a mint and employ artificers 
and pay skill d ivorkmen to turn any man's gold bullion into a 
dollar for him ;;t his own will and pleasure. That, Mr. Presi- 
dent, ha-, a]!] reeiated the value of gold at least 25 per cent, as 
estimated by the economist and statistician. 



Take your gold watch, your gold ring, your breastpin, your 
bracelet, and you can fling it into the mint any day and it will bo 
handed back to you in dollars. Beat those dollars up by a ham- 
mer until they are shapeless, and the mint will turn them into 
dollars for you again at the expense of the -people of this whole 
country, and all the wealth of the people and all the power of the 
Government is behind the value of gold, appreciating it and sus- 
taining it as the equivalent of that thing into which it may be 
turned. But how is it with our money metal, silver? It is tossed 
about upon the marts of exchange at the pleasure of the bears 
and bulls of the market. They are permitted to make special 
contracts payaljle in gold dollars; they loan money of any kind 
and require payment in a particular kind, and the'ivsult is that 
the money of our country is being hoarded up by a few gold men 
and that they are attempting to prostitute the whole fabric of 
Government to the gormandizement and aggrandizement of 
themselves. 

Is anyone idle enough to believe that the people who under- 
stand these things are going to quietly bow themselves out of 
court because a political party at one time or another, or a co- 
terie of gentlemen in Washington City, say, "We do not want to 
make the issue." Political parties, Mr. President, do not make 
issues; Congresses do not make issues; the people make issues, 
and if they are not recognized by political parties the people 
will recognize them notwithstanding, and will hold to accountar 
bility those who refuse to obey their will. 

We have seen here for a series of years the most remarkable 
spectacle that ever was beheld in the Republic. According 
to the conception of a republic, it is organized for the i^urpose 
of giving the people an opportunity to express their will, but 
according to the interpretation of the word "republic " as placed 
upon it by the practical politicians who have attempted to deal 
with otir affairs here in Washington it is simply an establish- 
ment to give an opportunity to certain gentlemen who have 
ojjposing interests, as they conceive, to supjiress the people's 
will. There is a majority to-day in botli sides of Congress for 
the free coinage of silver if no alien or subtle influences were 
exercised upon the members here save those which they receive 
from their constituency when they leave their homes. 

Why, Mr. President, is the people's will set aside? Why will 
not representatives stand up here and defend the things which 
their constituencies at home expected them to defend? Becaus3 
it is said there is some policy of party which prevents. Can a 
party hide its head in a bushel? Can you quench the thoughts 
of the people by putting their issues in a bag, and say they are 
gone? 

Mr. President, these issues will notdown; they will rise again; 
they will come and come and come, as the widow came to the 
unjust judge, until, at last, he will accord what is asked "for 
the much clamor." 

Not in this act nor in any act would I seek to establish one cur- 
rency in this country for the rich and another for the poor. You 
have got your coinage laws now so arranged that the poor peo- 
ple never see a gold dollar. Gold has gone out of circulation, 
and in order that it may go only into the hands of those who are 
hoarding it up, we have even ceased to coin gold dollars. Let any 
jiOLir person go to work to save up his hard earnings in a stock- 
ing, and he can not find a gold dollar anywhere to save. W..- 
have stopped coining it. If silver be a 70-cent dollar, as is pn. 
claimed by some, you have so fixed it that the mass of the peo- 
ple can get nothing hut 70-cent dollars, and so that the rich and 
powerful alone vaa.y get the gold, which is coined in larger de- 
nominations. 

Mr. President, I have said enough for to-day, but I will call 
attention to one other fact, that you are creating by your coin- 
age laws an aristocracy of money; j'ou are making a differenct' 
between that metal which is obliged in its very nature to be tli 
circulation of the people, and that metal which is obliged in it^ 
very natui'e to be the medium of large jjayments. Congress, and 
Congress alone, with the Treasury Department at Washington, 
is responsible for this confusion of our financial position. It 
docs not come from anything- inherent in the nature of the met- 
als, but it is produced artificially, and the more sturdy ami 
steady and unyielding are those who insist here upon one equal, 
uniform currency for the v.-hole people, the sooner will thi.^ 
wrong be righted, and the sooner will the spirit of the Republi*- 
be represented in our circulating medium. 

Mr. GRAY. Mr. President, I voted upon this bill preeisel;,- 
as I would have voted if the amendment had been to strike on: 
a stipulation that this interest should h; paid in silver. I vot-. 'i 
that'the people of Arizona should have the right which belonu 
to the people of every State in this Union — to make the best bar- 
gain tliey can when it becomes necessary for them to borrov. 
money or to fund an existing loan. 

I understand from those who represent the Territory of Ari- 
zona in the other House that the situation is just this: Already 
there is a loan outstanding in the Territory of Arizona, theprin- 



1892. 



CONGRESSIONAL EECOED— SENATE. 



3413 



The PRESIDING OFFICER. The bill will go over, retain- 
ing its place on the Calendar. 

The bill (S. 1857) to further increase the naval establishment 
was announced as next in order. 

Mr. PLATT. That bill had better go over, too. 

The PRESIDING OFFICER. Does the Senator from Con- 
necticut object to the consideration of the bill':' 

Mr. PLATT. Tho Senator who reported it is not hero. I 
would notobject if he wore here; but it is a pretty important 
bill, and I suppose it will need some explanation. It may stand 
over until he comes in. 

Mr. ALLISON. Let it stand over, retaining its place on the 
Calendar. 

The VICE-PRESIDENT. The bill will be passed over tem- 
porarily. 

The bill (S. 2424) for the appointment of consuls to the Congo 
Free State was announced as next in order. 

Mr. ALLISON. Let that bill be passed over for the present, 
until the Senator from Alabama [Mr. Morgan], who reported 
it, comes in. 

CHEYENNE AND ARAPAHOE RESERVATION. 

Mr. JONES of Arkansas. I ask that the resolution reported 
from the Committee on Indian Affairs some days ago be laid be- 
fore the Senate. 

The VICE-PRESIDENT. The Chair lays before the Senate 
the resolution called up by the gentleman from Arkansas, which 
will be read. 

The resolution reported by Mr. JONES of Arkansas from the 
Committee on Indian Affairs on the 13th instant was read, as 
follows: 

Resolved, That for reasons set forth In the report of the Committee on In- 
eiian Affairs upon the President's message of February 18, 1892, upon the ap- 
propriation of March 3, 1891. for payment to Choctaw and Chlcltasaw Nations 
for their Interest in the Cheyenne and Arapahoe Reservation in tho Indian 
Territory, submitted with this resolution, it is the opinion of the Senate that 
there is no sufllcient reason for interference in the due execution of the law 
referred to. 

Mr. ALLISON. That is an important matter. I hope the 
resolution will not be considered now. 

The VICE-PRESIDENT. The resolution will be passed over 
without prejudice. 

Mr. HOAR. Mr. President 

Mr. JONES of Arkansas. 'Will tho Senator allow me a mo- 
ment. I should like to ask if the Senator from Iowa would be 
willing to have some time fixed at which we can consider this 
resolution. It is an important matter, and I should like to have 
it considered at some time within a day or two. I will agree, if 
the Senator is willing, to take it up, say, day after to-morrow, im- 
mediately after the morning hour, at 2 o'clock. 

Mr. ALLISON. I have no objection to the consideration of 
the question at any time when there is a full Senate and an op- 
portunity may be given for its careful consideration. The Sen- 
ator knows that this is an important matter, audit should be care- 
fully considered. 

Mr. JONES of Arkansas. If there is no objection, I should 
like to have a time fixed so that Senators may have notice that 
tho resolution will come up at that time, and there can be a full 
consideration of it. I ask unanimous consent that the consider- 
of the resolution which has just been presented to the Senate be 
fixed for 2 o'clock on Thursday next, day after to-morrow. 

Mr. ALLISON. I shall object to unanimous consent for con- 
sideration of this matter then. It is a matter of too much im- 
portance to be set down so early. At some time when we havo 
an opportunity I shall be glad to see it taken up and considered, 
but it is a matter that can rest four or five days without public 
inconvenience, I think. 

Mr. JONES of Arkansas. I am perfectly willing to allow the 
resolution to remain any reasonable length of time, and would 
like to have the Senator indicate any time when he will be will- 
ing to take it up. 

Mr. HOAR. Suppose the Senator give notice now that he 
will call it up some day next week, say Tuesday or "Wednesday. 

Mr. JONES of Arkansas. I would prefer to have a time fixed 
that would be agreeable to the Senator from Iowa. That is all 
I desire. 

Mr. ALLISON. Has the resolution been reached on tho Cal- 
endar now'? 

Mr. JONES of Arkansas. No, it was reported by the commit- 
tee and laid over. 

Mr. PERKINS. I suggest that the Senator name Monday or 
Tuesday of next week. 

Mr. JONES of Arkansas. I am willing for that, or for any day 
that will be agreeable to the Senator from Iowa. 

Mr. ALLISON. I will confer with the Senator, and perhaps 
we can agree upon a time. I have not yet had time to look into 
the question. The Senator will remember that it is a matter of 



considerable importance, and I am quite sure that nobody will 
le injured by delay. 

Mr. JONES of Arkansas. Jly purpose in wishing to have a 
time fixed for tho consideration of tho resolution wa? that the 
Senate may be full, and that it may havo due notice that the sub- 
ject will come up at that time. I do not want to call it up intlie 
absence of anybody here, and if wo have a time fixed at which 
we can consider it, I suppose everybody who chooses to ilo so 
will be present. In pursuance of tho suggestion made by tho 
Senator from Massachusetts I give notice that I shall ask the 
Senate to consider the resolution at 2 o'clock on Monday next. 

DISTRICT COURT OF APPEALS. 

Mr. HOAR. I move that tho Senate proceed to tho consider- 
ation of the bill (S. 1185) to establish a court of appeals for the 
District of Columbia, and for other purposes. 

The motion was agreed to; and the Senate, as in Committee of 
the Whole, jirocecded to consider the bill, which had been re- 
ported from the Committee on the Judicially with amendrn'-nts. 

Mr. HOAR. The amendments, which diminish the number 
of the court, I should like to have acted upon as the reading of 
the bill proceeds, if there bo no objection. 

The VICE-PRESIDENT. The Chair hears no objection, and 
that course will be pursued. 

The Secretary proceeded to read the bill. 

The first amendment of the Committee on the Judiciary wa-s, in 
section 1, line 0, before the words "associate justices,'' to strike 
out ''three" and insert "two;" soas to make the section read: 

That there shall be, and there is hereby, established in the District of Co- 
lumbia a court, to be known as the court of appeals of the District of Colum- 
bia, which shall consist of one chief justice and two associate justices, who 
shall be appointed by the President, by and with the advice and consent of 
the Senate, and shall hold office during good behavior. 

The amendment was agreed to. 

The next amendment was, in S'^ction 2, line 2, before the word 
"thousand," to strike out ''seven" and insert "si.x," and in lino 
4, bsfore the word " thousand," to strike out " seven and insert 
" si.x;; " so as to make the section read: 

That the said justices shall each receive an annual salary of $fi,00,1, payable 
quarterly at the Treasury of the United States, except the chief justice, 
who shall receive $B,500. 

The amendment was agreed to. 

The next amendment was, in section 4, line ,5, before the word 
" dollars," to strike out "five hundred;" and in line 17, baf ore 
the word "dollars," to strike out "five hundred;" so as to make 
the section read: 

That there shall be a clerk of said court of appeals, to be appointed by the 
court, who shall receive as compensation for his services, in the discretion 
of the court, an annual salary not to exceed the sum of S3,000, payable quar- 
terly at the Treasury of the United States, and who shall give bond, such as 
the court may deterinine to be satisfactory, for the faithful performance of 
his duties; and his duties shall be such as the court may from time to time 
prescribe. The court shall regulate from time to time the fees to be charged 
by the said clerk, which shall be accounted for at least once In each quarter 
aud paid into the Treasury of the United States; .and said clerk shall receive 
such allowance for clerical assistance and necessary expenditures in the con- 
duct of his office as the court may deterinine by special or .general order i\\ 
the premises, but not to exceed the sum of $2,000 in any one year, payable, as 
aforesaid, at the Treasury of the United States. 

The amendment was agreed to. 

The next amendment was, in section 0, line 2, after the word 
" than," to strike out " two" and insert " three; " so as to read: 

That the said court of appeals shall establish such terms of the court, not 
less than three in each year, as to it may seem proper and expedient; and it 
shall make such rules and regulations as may be iiecessary and proper for 
the tr.ansaction of the business to be brought before it, and for the time and 
method of the entry of appeals and for giving notice of appeals thereto from 
the supreme court of the District of Columbia, and such other rules and reg- 
ulations as may be necessary and proper in the premises. 

The amendment was agreed to. 

The next amendment was, in section 6, line 15, to insert after 
the word "thereof," the words "or for any other reason what- 
ever;" and in line 17. before the word "justices," to strike out 
"four" and insert "three;" so as to read: 

If any member of the court shall be absent on account of illness or other 
cause diuring the session thereof, or shall be disqualitied from hearing and 
determining any particular cause by having been of council therein, or by 
having as a justice of the supreme court of the District of Columbia pre- 
viously passed upon the merits thereof, or for any other reason wliatever, or 
if for any reason whatever it shall be impracticable to obtain a full court of 
three justices, the member or members of the court who shall be present 
shall designate the justice or justices of the supreme court of the District of 
Columbia to temporarily till the vacancy or vacancies so created, and the 
justice or justicesso designated shall sit in said court of appeals and perform 
the duties of a member thereof while such v;icancy or vacancies shall exist. 

Mr. HOAR. In line 18 I move to strike out " the " and insert 
"a;" so as to read: "shall designate a justice or justices of the 
supreme court of the District of Columbia." 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The reading of the bill was continued to line 12 of section 7. 

Mr. HOAR. In section 7, lino i), after the word "term." I 
move to strike out the words " together with the original papers 



3414 



CONGRESSIONAL RECORD— SENATE. 



Apeil 19, 



and record entries duly CLTtificd." It is my purpose to put in a 
Uiore couipreheiisive ])rovision for that at the end of the section. 

The amendment was agreed to. 

I.Ir. HOAR. I move to insert in section 7, line 12, after the 
•word "created " — a mere formal amendment — 

Whicli said court of appeals Is liereljy vested with authority and jurisdic- 
tion to hear and determine the causes so transferred. The appellate power 
and jurisdiction of said general term is hereby abrogated and abolished, and 
no causes shall hereafter be heard in the said general term. 

The amendment was agreed to. 

The next amendment of the Committee on the Judiciary was, 
in section 7, lino 1(3, after the word "granting," to insert "or 
dissolving; "and in line 17, after the word " attachment," to strike 
out the words " and the like;" so as to read: 

Appeals shall also be allowed to said court of appeals from all Interloculory 
orders of the supreme court of the District of Columbia, or by any justice 
thereof, whereby the possession of property Is changed or affected, such as 
orders for the appointment of receivers, granting or dissolving injunctions, 
dissolviug writs of attachment; and also from any other interlocutory order, 
in the discretion of said com-t of appeals, whenever it is made to appear to 
said court upon petition that it will be in the interests of justice to allow 
Buch appeal. 

The amendment was agreed to. 
Mr. HOAR. 1 move to add at the end of section 7: 
In all cases of appeal to the court of appeals and in the causes transferred 
to the court of appeals under this section, the original paper.s and duly certi- 
fied copies of the necessary record entries shall be transferred and delivered 
to the court of appeals tinder such regulations as the court of appeals shall 
from time to time prescribe. 

The amendment was agreed to. 

The reading of the bill was continued to the end of section 10. 
Mr. HOAR. In section 10, line 2, after the word "be," I move 
to strike out: 

Rendered in writing, and shall be filed in such case as part of the rei'ord 
thereof. 

And to insert: 

Reduced lo writing, duly authenticated and filed with the clerk of said 
court before any judgment, decree, or order shall be entered in pursuance 
thereof. 

So as to read: 

That the opinion of the said court of appeals in every case shall be reduced 
to writing, etc. 

The amendment was agreed to. 

The reading of the bill was continued. The next amendment 
of the Committee on the Judiciary was, in section 14, line 3, be- 
fore the word "thousand," to strikeout "six" andiusert "five," 
and in line 5, before the word "thovtsand," to strike out "six" 
and insert "five;" so as to make the section read: 

That the justices of the supreme court of the District of Columbia shall 
hereafter receive an annual salary of $5,000 each, payable quarterly at the 
Treasury of the United States, except the chief justice, who shall receive 
85,500. 

The amendment was agreed to. 

The reading of the bill was resumed and concluded. 

Mr. GEORGE. I move to strike out section 16 of the bill, in 
the following words: 

Sec. 16. That the justices of the court ol appeals hereby created and of the 
supreme court of the District of Columbia shall be deemed to be justices of 
the courts of the United States within the meaning of the law providing for 
the retirement of such justices upon their attaining the age of 70 years and 
having been In commission ton years or upward. And whenever any justice 
of the supreme court of the District of Columbia shall be appointed a justice 
of the court of appeals hereby created the terms of service of such justice in 
both courts shall be deemed continuous and as under one commission for the 
purposes of said law. 

I think this motion to amentl is proper at this time, and upon 
it I call for the yeas and nays. 

Mr. HOAR. I desire to appeal to my honorable friend from 
Mississippi with this suggestion: This very proposition, as ap- 
plied to the Court of Claims, was very thoroughly debated in the 
Senate on last Thursday the yeas and nays called upon it, audit 
was determined by a very large and decisive vote of the Senate. 
I desire to ask the Senator wliether under those circumstances, 
the principle having been so fully discussed, he should call for 
the yeas and nays? 

Mr. GEORGE. I do not propose to discuss it. 

Mr. HOAR. It was a vote that had no partisan division about 
it, becausL^ there were many on the Senator's side of the Cham- 
ber who advocated the system. I ask the Senator whether he 
will not allow it to go without a call of the yeas and nays"? Of 
course I do not wish to interfere with his own discretion as a 
Senator. 
^ Mr. GEORGE. I have no desire at aU to discuss the ques- 
tion. I am very much opposed to civil pensions, and I desire, 
as far as I am concerned, to discharge my duty by making the 
appropriate motion to rid the bill of the provision. 

Mr. HOAli. It can hardly ba supposed, my honorable friend 
will agree, that there would have been a change of opinion on 
the subject in the mind of any Senator within a few days. There 



has been no change of the Senate, and it is merely for the con- 
venience of the Senate that I make this appeal. 

Mr. GEORGE. If nobody wants the yeas and nays I shall not 
call them. I make the motion to strike out section IG. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the Senator from Mississipi^i, to strike out section 
I(j of the bill. (Putting the question.) The noes appear to have 
it. The noes have it, and the amendment is not agreed to. 

Mr. COCKRELL. !\s the yeas and nays have not been called, 
I desire to state upon the record that I voted " yea," to strike out 
the clause. 

Mr. COKE. I desire to make the same statement. 

Mr. MILLS. I call for the yeas and nays, so that we may have 
a record of it.. 

Mr. HARRIS. Yes, let us have the yeas and nays, so that wc 
may all appear on the record. 

The yeas and nays were ordered; and the Secretary proceeded 
to call the roll. 

Mr. BUTLER (when his name was called). I am paired with 
the Senator from Pennsylvania [Mr. Cameron]. 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. Dolph]. If he wore present I 
should vote "yea." 

Mr. HARRIS (when his name was called). Being paired with 
the Senator fi'om Vermont [Mr. IMORRILL], the Senator from 
Michigan [Mr. McMillan] and myself have consented, he being 
paired with the Senator from North Carolina [Mr. Vance], to 
transfer our pairs. I vote "yea." 

Mr. HIGGINS (when his name was called). I am paired with 
the senior Senator from New Jersey [Mr. McPherson]. If he 
were present I should vote "nay." 

Mr. MILLS (when his name was called). I am paired with the 
Senator from New Hampsliire [Mr. Gallinger]. If he were 
here I should vote "yea." 

Mr. MORGAN (when his name was called). I am paired with 
the Senator from Massachusetts [Mr. Dawes]. If he were pres- 
ent I should vote "yea." 

Mr. PLATT (when his name was called). I am paired with 
tlie Senator from Virginia [Mr. Barbour], but I observe that 
on last Thursday when a similar proposition was before the Sen- 
ate upon another bill he voted adversely to a proposition of this 
kind. I will therefore vote. I vote "nay." 

Mr. WALTHALL (when his name was called). I am paired 
with the Senator from Rhode Island [Mr. Disox]. Otherwise I 
shotdd vote "yea." 

The roll call was concluded. 

l\Ir. DAVIS. I am paired with the Senator from Indiana [Mr. 
Turpie]. 

Mr. MORGAN. I will vote tomake a quorum. I vote "yea." 

Mr. WALTHALL. Has a quorum yet voted? 

The VICE-PRESIDENT. A quorum has not voted. 

JMr. WALTHALL. I feel at liberty to vote, notwithstanding 
my pair, to make a quorum. I vote "yea." 

*Mr. GEORGE. If the vote still lacks a quorum, I can vote. 

The VICE-PRESIDENT. A quorum has voted. 

The result was announced — j-eas 11, nays 36; as follows: 

yeas— 11. 



Bate. 




Blodgett, 


Colquitt, 


Morgan. 


Berry 




Cocla-ell, 


Harris, 


Walthall. 


Blacltburn. 


Coke, 


Jones, Ark. 










NAYS-3G. 




AUen, 


X 


Hawley, 


Perkiu-s, 


Squire, 


Allison. 


(U 


Hiscock. 


Piatt, 


Stewart, 


Call. 


-a 


Hoar. 


Power, 


Stockbridge 


Chandler, 


c 


Jones. Nev. 


Proctor, 


Teller, 


CuUom. 




McMillan, 


Pugh. 


Vest, 


Dubois, 


03 

03 


Manderson. 


Sanders. 


Vilas. 


Frj-e. 


Mitchell, 


Sa-nyer, 


Washburn, 


Hale, 


Paddock, 


Sherman, 


Wilson. 


Hausbrou 


gh, 


PeHer, 


Shoup, 


Wolcott. 




_a3 


NOT VOTING— 11. 




Aldrich, 


Dixon, 


Higgins, 


Quay, 


Barbom-, 


.^o 


Dolph, 


Hill. 


Ransom, 


Brice. 


:3 


FauHtner, 


Irby, 


Stanford, 


Butler, 


C/3 


Felton. 


Kenna, 


Turpie, 


Cameron, 


t_ 


Gallinger. 


Kyle. 


Vance. 


Carey. 


o 


George, 


McPherson, 


Voorhees, 


Carlisle, 


Lx. 


Gibson, La. 


Mills, 


Warren. 


Casey, 




Gibson, Md. 


Morrill, 


"\\Tiite. 


Daniel, 




Gordon, 


Palmer, 




Davis. 




GoiTttau, 


Pasco. 




Dawes, 




Gray, 


Pettigrow, 





So the amendment was rejected. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to bo engrossed for a third reading, read 
the third time, and passed. 



1892. 



CONGIiESSIONAL RECOED— SENATE. 



3435 



the passajje of the Brosius (or Conger) lard bill, H. R. 395 — to 
the Committee on Agriculture. 

By Mr. PEEL: Petition of J. M. L. Thomasson and 22 other 
citizens of Drew Coimty, Ark., asking for the passage of the anti- 
option bill — to the Committee on Agriculture. 

Also, resolution of the Annual Conference of the Methodist 
Episcopal Church South, against oi>ening the World's Fair on 
Sunday— to the Select Committee on the Columbian Exposition. 

By Mr. RAY: Two petitions of Lincklaen Grange, No. 703, of 
New York; one in favor of prohibiting the adulteration of food 
and drugs, and the other to prevent gambling in farm products— 
to 'he Committee on Agriculture. 

Also, petition by the same grange, in favor of House bill 395, 
dctining lard — to the Committee on Ways and Means. 

Also, petition by the same grange, for a law prohibiting con- 
tracts discrediting legal-tender curi-ency— to the Committee on 
Banking and Currency. 

Also, petition of citizens of Oneida, Madison County, N. Y., for 
an international arbitration commission — to the Committee on 
Foreign Affairs. 

Also, petition of the town of Lincklaen, Chenango County, N. 
Y., for the free delivery of mails in country districts— to the Com- 
mittee on the Post-Office and Post-Roads. 

By Mr. RIPE: Petition of 74 citizens of New Buflfalo, Perry 
County, Pa., and of the Fourteenth Congressional district for 
the passage of House bill 401 amending the immigration laws — 
to the Select Committee on Immigration and Naturalization. 

Also, jjetition of 37 citizens of Palmyra, Pa., and of the Four- 
teenth Congressional district against the passage of House bill 
7690, for the local government of the Territory of Utah, and to 
provide for the election of certain officers in said Territory- — to 
the Committee on the Territories. 

By Mr. REYBURN: Petition of David S. Thompson relative 
to investigating the methods and practices of the Census Office — 
to the Select Committee on the Eleventh Census. 

By Mr. RUSK: Petition of Mrs. Emily J. Pardy, widow of the 
late John T. Fardy, for relief — to the Committee on Claims. 

By Mr. SAYERS: Petition of citizens of Mason County, Tex., 
for regulating speculation in fictitious farm products — to the 
Committee on Agriculture. 

By Mr. SCULL: Memorial of 94 citizens of Somerset County, 
Pa., in favor of House bill 401 relative to immigration, etc. — to 
the Select Committee on Immigration and Naturalization. 

By Mr. STAHLNECKER: Petition of George Heyman, ask- 
ing a;)propriation to complete the improvement of the Savannah 
River, under plans of the engineer in charge as adopted by last 
Congress — to the Committee on Rivers and Harbors. 

Also, petitions of citizens of White Plains, N. Y., asking the 
passage of House bill 401, entitled "An act in amendment to the 
various acts relative to the immigration and importation of 
aliens under contract to perform laljor'' — to the Select Commit- 
tee on Immigration and Naturalization. 

Also, jietition of Joseph B. See and 19 others, praying the pas- 
sage of the same bill — to the Select Committee on Immigration 
and Naturalization. 

By Mr. STEPHENSON: Petition of Franklin Squire and oth- 
ers, members of the Seventh Day Adventists, protesting against 
a union of religion and the state — to the Committee on the Ju- 
diciary. 

Also, petition of National Woman's Christian Temjx;rance 
Union, asking that no exposition for which appropriations are 
made by Congress .shall be opened on Sunday — to the Select 
Committee on the Columbian Exposition. 

By Mr.TRACEY: Petitionof citizens of New York City, favor- 
ing the passage of the Lodge bill providing for the suspension of 
the purchase of silver bullion — to the Committee on Coinage, 
Weights, and Measures. 

By Mr. WADSWORTH: Petition of members of the Presby- 
terian Church and congregation of Holley, Orleans County, N. 
Y., favoring the closing of the World's Fair on Sunday — to the 
Select Committee on the Columbian Exposition. 

By Mr. WARWICK: Two petitions of citizens of Ohio, as 
follows: Of Trinity Reformed Church of Wadsworth, and of 
Presbyterian Church of Holmesville, against opening the Colum- 
bia:! Exposition on Sunday — to the Select Committee on the Co- 
lumbian Exposition. 

Also, petition of Wayne P6st, Grand Army of the Republic, of 
Orville, Ohio, for the p^sage of a bill to mark battle lines at Get- 
tysburg — V> the Committee on jNIilitary Affairs. 

By Mr. WEVER: Petition of Wing Post, No, 147, Grand Army 
of the Republic, Dc^partment of New York, for preserving and 
properly marking the battle lines of Gettysburg, Pa,— to the 
Committee on Military Affairs. 

By Mr, WILLIAMS of Massachusetts: Petitionof 72 members 
of the Newton (Mass,) and other theological institutions, praying 



that the World's Fair be closed on Sunday — to the Select Com- 
mittee on the Columbian Exposition. 

By Uv. WILSON of Missouri: Petition of Thomas Blue, Sam- 
uel D. Tanger, and 34 other ex-soldiers and sailors of the civil 
war, and now of John Kelsey Post, No. 278. Grand Army of the 
Republic, Department of Missouri, favoring the marking and 
better preserving at Gettysburg the lines of that battle — to the 
Committee on Military Affairs. 

By Mr. WILSON of Washington: Thi-ee petitions of citizens 
of the State of Washington, as follows; Of 20 citizens of Klicki- 
tat, of 9 citizens of the State of Washington, and of 19 citizens 
of Lincoln County, all praying for the passage of the Washburn- 
Hatch antioption bill — to the Committee on Agiiculture. 

Also, two petitions as follows: Of 7.'! citizens of Ring County, 
and of 17 others of the same county, remonstrating against the 
reduction of duty on hops — to tlie Committee on Ways and 
Means. 

Also, resolution of the Seattle Chamber of Commerce, praying 
the removal of the restrictions of the Puyallup Indian Reservar 
tion — to the Committee on Indian Affairs. 

By Mr. YOUMANS: Petition of H, A, Fcnner and others, of 
Michigan, asking that the World's Fair be closed on Sunday — 
to the Select Committee on the Columbian Exposition, 



SENATE. 

Wednesday, April 20, 1892. 

Prayer by the Chaplain, Rev, J, G, Butler, D, D. 

The Journal of yesterday's proceedings was read and approved, 
EXECUTIVE COMMUNICATION, 

JUie VICE-PRESIDENT laid Ijefore the Senate a communica- 
tion from the Secretai-y of the Interior, transmitting, in response 
to a resolution of March 24, 1892, a list of the subordinates in 
that Department notspeciallyappropriatedfor,etc,; which, with 
the accompanying papers, was referred to the Committee on 
Civil Service and Retrenchment, and ordered to be printed. 

PETITIONS AND MEMORIALS. 

The VICE-PRESIDENT presented the memorial of Thomas 
Bowman, president, and James B. Kenyon, secretary, of the 
Northern New York Conference of the Methodist Episcopal 
Church, composed of over 200 churches and representing over 
28,000 church members, " earnestly remonstrating against the 
passage of the severe Chinese exclusion act now pending before 
the Senate," praying that unfriendly legislation bo stayed and 
that instead uniform laws relative to immigration bo enacted that 
shall equally apply to persons coming from all nations to our 
shores; which was ordered to lie on the table. 

He also presented the petition of Peter Hutton and 30 other 
citizens of Southington, Conn,: the petition of Rev. Joseph 
Danielson and 341 members of the Congregational Church of 
Southington, Conn,; the petition of George A, Francis and 60 
other membersot Gospel Mission Church of Southington, Conn.; 
the petition of John C, Breaker and 21 other citizens of South- 
ington, Conn,; the petition of Mrs, H, M. Fisk, president, and 40 
members of the Woman's Christian Temperance Union of Con- 
necticut, and the petition of A, J, Cutting and 200 members of 
the Methodist Church of Southington, Conn,, praying Congress 
to prohibit the opening on Sunday of any exhibition or expo- 
sition where United States funds are expended; which were re- 
ferred to the Committee on the Quadro-Centennial (Select). 

Mr, DAWES presented a memorial of citizens of the United 
States, remonstrating against the passage of the so-called Geary 
bill for the exclusion of Chinese, and jjraying that section 14 
of the act of I^Iay 6, 1882, he amended so as not to include 
C;hinese who came into the United States prior thereto, with the 
intention of becoming citizens; w^hich was ordered to lie on the 
table. 

Mr, CASEY presented a petition of 228 citizens of Fairmount 
and Thomjjson, N, Dak,, and a petition of 171 citizens of Ellen- 
dale, N, Dak., praying thatnoexpositionor exhibition for which 
appropriations are made by Congress shall bo opened on Sunday: 
which were referred to the Committee on the Quadro-Centennial 
(Select), 

Mr, FELTON presented a petition of citizens of Fresno County, 
Cal,, praying- for the closing of the World's Columbian Exposi- 
tion on Sunday: which was referred to the Committee on the 
Quadro-Centennial (Select). 

He also presented the following' petitions of Grass Valley 
Grange, Patrons of Husbandrj-, of California: 

Petition praying for the enactment of legislation to i)re\ent 
gambling in farm products — referred to the Committee on the 
Judiciary, 



3436 



CONGRESSIONAL RECORD— SENATE. 



April 20, 



Petition praying for the passage of House bill 305, defining 
laril and imposing a lax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts— re fenced to the Committee on Post-Offices and Post-Roads. 

Mr. WOLCOTT jiresented a petition of the Farmers' Alliance 
and Indrstrial Union of Fort Collins, Colo., praying for the free 
delivei'y of mails in rural districts: which was referred to the 
Committee on Post-OfHces and Post-Roads. 

He also presented a ]:etition of the Farmers' Alliance and In- 
dustrial Union of Fort Collins, Colo., pi-aying for the passage of 
legislation regulating speculation in fictitious farm products; 
which was referred to the Committee on the Judiciary. 

Mr. PERKINS presented a memorial of the First Presbj'terian 
Church of Ottawa, Kans.: a memorial of the First Presbyterian 
Sabbath Sehojl of Ottawa, Kans., and a memorial of the Young 
People's Society of Christian Endeavorof Ottawa, Kans., remon- 
strating a,gainst the opening of the World's Columbian Exposi- 
tion on Sunday and praying that the sale of intoxicants he pro- 
hibited thereat; which were referred to the Committee on the 
Quadro-Centennial (Select). 

Mr. McMillan presented sundry petitions collected by the 
National Woman's Christian Temperanre Union of Michigan, 
containing lli-i individual signatures and 1, till representative in- 
dorsements, j)raying that no exposition or exhibition for which 
appropriations are made by Congress shall be opened on Sunday; 
which were referred to the Committee on the Quadro-Centennial 
(Select). 

Mr. COKE presented two petitions of citizens of Bagwell, Tex., 
praying for the closing of the World's Columbian Exposition; 
which were referred to the Committee on the Quadro-Centennial 
(Select). 

Mr. Mcpherson presented a petition of the faculty and stu- 
dents of the Union Biblical Sminary, of Dayton, Ohio; a peti- 
tion of the students of the Union Theological Seminary, of Vir- 
ginia; a petition of the students of the 'Theological Seminary of 
the Reformed Church, of Lancaster, Pa.; a petition of the stu- 
dents of the Wittenberg Theological Seminary, of Springfield. 
Ohio; a petition of the faculty and students of the Theological 
Seminary of Princeton, N. ,T.; a petition of the Theological 
Seminary and Lincoln University, of Chester County, Pa.; a 
petition of the students of the Moravian Theological Seminary, 
of Bethlehem, Pa., and a petition of membersof the Theological 
Seminary of Virginia, praying that no loan be granted in aid of 
the World's Columbian E.xposition unless it bo closed on Sunday; 
which were referred to the Committee on the Quadro-Centen- 
nial (Select). 

REPORTS OP COMMITTEES. 

Mr. HAL!-;, from the Committee on Naval Affairs, to whom 
was referred the amendment submitted by Mr. D,\niel on the 
18th instant, intended to be proposed to the naval appropriation 
bill, providingforanaval review, reiwrted itfavorably.and moved 
tihat it be referred to the Committee on Appropriations and 
printed; which was agreed to. 

Mr. BUTLER, from the Committee on Naval Affairs, to whom 
was referred the bill (S. 1289) to increase the etficiency of the 
Engineer Corps of the Navy, reported it with an amendment, and 
submitted a report thereon. 

Mr. McMillan. I am instructed by the Committee on the 

^ietof Columbia to report back without amendment the bill 
(H/'H^.JiiioS) to vacate that part of Madison street, Georgetown, 
west o! fc»ck street, and extend Y street in Burleith, in the Dis- 
trict of ("olumbia, and to ask that this bill take the place of 
Order of lausiness 4!)6, Senate bill 2619, to vacate that part of 
Madison street, Georgetown, west of Back street, and extend Y 
street, in Burleith, in the District of Columbia, now on the Cal- 
endar, and that the Senate bill be indelinitely postponed. 

The VICE-PRESIDENT. The House bill will be placed on 
the Calendar and the Senate bill indefinitely postponed, if there 
be no objection. 

Mr. HARRIS. The House bill just rejiorted, it is asked, shall 
take the place on the Calendar of the Senate bill indefinitely 
postponed. 

The VICE-PRESIDENT. It is so ordered. ^ 

Mr. PEFFER, from the Committee on Claims, to whom was 
referre:! the bill (S. 477) for the relief of Jane Boiler, asked to be 
discharged from its further consideration, and that it be referred 
to the Committee on Military Affairs; which was agreed to. 

Mr. DAVIS, from the Committee on Foreign Relations, to 
whom was referred the bill (S. 2229) for the relief o' the owners 
and crew of the Hawaiian bark Arctic, reported it with amend- 
ments, and submitted a report thereon. 

Mr. CULLOM, from the Committee on Interstate Comnierre, 
to whom the subject was referred, rejiorted a bill (S. 29.':1) di- 
recting the Interstate Commerce Commission to ascertain and 



report to Congre.ss annually certain information in respect of the 
adoption by common carriers engaged in interstate commerce of 
a uniform system of automatic couplers on freight cars, and for 
other purposes; which v/as read twice by its title. 

Mr. VILAS, from the Committee on Claims, submitted the 
following report: 

'I lie Commiltee ou Claims, to whom was referred the bill (S. 135J) for the 
relief ot August Leschlnsky, have carefully considered the same, aud, In ac- 
cordance with the resolution of the Senate of February 7. 1884, report as fol- 
lows: 

That they have referred the same to the Court of Claims under the provi- 
sions ot an act entitled "An .act to afford assistance and relief to Congress 
and the Executive Departments in the investigation of claims and demands 
against the Government." appro\'ed March 3, 1883. 

Mr. VILAS. I am directed by the Committee on Claims, to 
whom was referred the bill (S. 2154) for the relief of the heirs of 
.lo-eph Nicholson Chambers, late a resident of the parish of East 
Feliciana, in the State of Louisiana, to report it adversely. At 
the request of the junior Senator from Louisiana [Mr. White] I 
ask that the bill be placed on the Calendar, instead of being in- 
definitely postponed. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar with the adverse report of the committee. 

Mr. JONES of Arkansas, from the Committee on Indian Af- 
fairs, to whom was referred the bill (S. 228.'}) to authorize the 
Denison and Northern Railway Company to construct and oper- 
ate a railway through the Indian Territory, and for other pur- 
poses, reported it with an amendment. 

Mr. ALLEN, from the Committee on Claims, to whom v/as re- 
ferred the bill {S. 1858) lor the relief of Clara A. Graves, Lewis 
Smith Lee, Florence P. Lee, Mary S. Sheldon, and Elizabeth 
Smith, heirsof Lewis Smith, deceased, reported adversely thereon, 
and the bill was postponed indefinitely. 

Mr. SANDERS, from the Committee on Claims, to wHom was 
referred the bill (S. 1424) for the relief of the Atlantic Works, of 
Boston, Mass., reported it without amendment, and submitted a 
report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. GO) for the relief of the estate of James T. Sanford, de- 
ceased, submitted an adverse report thereon, which was agreed 
to, and the bill was postponed indefinitely. 

Mr. CAREY, from the Committee on Public Buildings and 
Grounds, to whom was referred the bill (S. 378) for the erection 
of a public building at Menominee, State of Michigan, reported 
it without amendment, aud submitted a I'eport thereon. 
DISTRICT PRODUCE DEALERS' LICENSE TAX. 

Mr. PERKINS. I am directed by the Committee on the Dis- 
trict of Columbia, to whom was referred the bill (S. 2460) to re- 
peal the license tax of $25 per year now imposed upon produce 
dealers in the markets of the District of Columbia, to report it 
back favorably without amendment, and to submit a written re- 
))ort thereon. I make this report for the Senator from New 
Hampshire [Mr. G.\LLINGER], who has been called fi-om the 
city. The bill is brief, and if there is no objection to it I should 
like to have it considered now. The District government is quite 
urgent about it. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the bill':' 

Mr. COCKRELL. Let it be road for information only. 

The bill was read, as follows: 

Be it enacted. That the annual corporation license tax of $2.t per year, now 
imposed by an ordinance of the District of Columbia upon dealers in farm- 
ers' produce, such as butter and cheese, poultry, eggs, fruits, and vegetables, 
or any other articles of family provisions. In the m.arlsets of the District ot 
Columbia, is hereby repealed, to take e0ect at the end of the present license 
year, April 1, 1893. 

Sec. 2. That all acts and parts of acts inconsistent herewith are hereby re- 
pealed. 

Mr. PERKINS. I would say in explanation that under the 
existing law this tax must be paid before the 1st of May, and 
hence the necessity of an early consideration of the bill. 

The VICE--i^RESIDENT. is there objection to the present 
con.side ration of the bill':' 

Mr. COCKRELL. None. 

There being no objection, the Senate, as in Committee of the 
Whole, pioceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

EULOGIES ox THE LATE REPRESENT.^TIVE GAMBLE. 

Mr. MANDERSON. I am directed by the Committee on 
Printing to report back favorably a House concurrent resolu- 
tion, and I ask for its present consideration. 

The Seiiatii, by unanimous consent, proceeded to consider the 
concurrent resolution; which was read, as follows; 

Rf>iolrfd tiy the IIou:^^ of litprt^eutntives ((kf Senate roiieui-ririfj). That there 
be printed of the eulogies delivered in Congi'ess upon Hon, John R. Gamble, 
late a RepreseiUative from the State of South Dakota, 8. fKK) copies, of ^vhich 
niunber :i,(i(K) shall be delivered to ths Senators and Representatives of the 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3437 



State of Sotitli Ijakota, which shall Incliicle 50 copies to be bounti in full mo- 
rocco, to be delivered to the family of the deceased : and of those remaining, 
2,000 copies shall be for the use of the Senate, and J, 000 copies for the use of 
the House of Representatives; and the Secretary of the Treasury is directed 
to have engraved and printed a portrait of the said John K. Gamble to ac- 
company said eulogies. 

Mr. MANDERSON. The concurrent resolution is in accord 
with the later action of the two Houses, and is exactly the pro- 
vision provided tor in the general printing bill. 

The concurrent resolution was agreed to. 

POSTAL SAVINGS DEPOSITORIES. 

Mr. M ANDERSON. lamdirectedby the Committee on Print- 
ing to report a ro.^olution, and I ask that it be now considei'cd. 

The resolution was read, as follows: 

liesolvtd. That the argument of the Postmaster-Gener.al on the subject of 
postal savings depositories, addressed to the chairman of the Senate Com- 
mittee on Post-Oftlces and Post-Roads, be printed, and that there be printed 
3.000 additional copies, 1. 000 of which shall be for the Senate and 2,000 for dis- 
tribution by the Postmaster-General. 

Mr. MANDERSON. This is a very important and valuable 
compilation of the custom that obtains in foreign countries with 
reference to postal savings banks, and al.so an argument with 
reference to that subject-matter made by the Postmaster-General 
and addressed by him to the chairman of the Senate Committee 
on Post-Offlces and Post-Roads. That committee recommend the 
printing of the document in this number. 1 find that the cost of 
it will be trilling, under $300, and it certainly is a matter of suf- 
ficient importance to receive this consideration. 

The resolution was considered by unanimous consent and agreed 
to. 

LIST OF CONGRESSIONAL DOCUMENTS. 

Mr. MANDERSON. I am directed by th3 Committee on 
Printing to report a concurrent resolution to print additional 
copies of the list of Congressional documents, and I ask for its 
present consideration. 

The Senate, by unanimous consent, proceeded to consider the 
concurrent resolution; which was read, as follows: 

Bcsolved by the Senate \tlie Ilou^e of liepresentative^ t'otiairrin-f/). That 3.000 
copies of the list of Congressional documents preoared by the superintend- 
ent of documents. Department of the Interior, be' printed and delivered to 
that oHlcer, of which he shall supply 2 copies to each .Senator, Kepreseuta- 
tive, and Delegate In Congress, and the remainder shall be distributed to 
public and other libraries. 

Mr. MANDERSON. This document contains in very compact 
form a complete list of all Government publications from the 
Fifteenth to the Fifty-first Congress, inclusive. The cost is 
trifling to print it in this number, and it is, I think, of very great 
importance that it should be printed. 

Ths concurrent resolution was agreed to. 

BILLS INTRODUCED. 

Mr. WILSON introducsd a bill {S. 29,52) for the relief of Pren- 
tice Holmes: which was read twice by its title, and referred to 
the Committee on Military Affairs. 

Mr. McMillan introduced a bill (S. 29.53) to provide for the 
sujiport of the office of the register of wills of the District of Ca 
lumbia, and for other purposes; which was read twice by its title, 
and referred to the Committee on the District of Columbia. 

Mr. PEFFER (by retpiest) introduced a bill (S. 29.54} to tax 
land in the District of Columbia at its full market value, and for 
other purposes: which was read twice by its title, and referred 
to the Committee on the District of Columbia. 

Mr. GRAY introduced a bill (S. 2955) for the relief of Sarah 
Burton; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Claims. 

Mr. DAVIS introduced a bill (S. 2956) for the relief of Jacob 
Walhart; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Military' Affairs. 

Mr. Daniel introduced a bill (S. 2957) to provide for the erec- 
tion of a public building at Portsmouth, Va,; which was read 
twice by its title, and referred to the Committee on Public Build- 
ings and Grounds. 

He also introduced a bill (S. 2958) to provide for the erection 
of a public building at Salem, Va.; which was read twice by its 
title, and referred to the Committee on Public Buildings and 
Grounds. 

He also introduced a bill (S. 2959) to provide for the erection 
of a public building at Radford, Va.; which was read twice by 
its title, and referred to the Committee on Public Buildings and 
Grounds. 

Mr. PERKINS introduced a bill (S. 29G0) granting an honor- 
able discharge to Bury .T. O'Brien: which was read twice by its 
title, and referred to the Committee on Military Affairs. 

He also introduced a bill (S. 2901) granting a pension to Lydia 
Ferris: which was read twice by its title, and referred to the 
Committee on Pensions. 

He also introduced a bill (S. 2962) granting a pension to Mary 
Cochran; which was read twice by its title, and referred to the 
Committee on Pensions. 



He also introduced a bill (S. 2963) granting a pension to Eliza- 
beth Breshear; which was read twice by its title, and i-eferred to 
the Committee on Pensions. 

Mr. KYLE (by request) introduced a bill (S. 2964) to establish 
a composite dollar; which was read twice by its title, and re- 
ferred to the Committee on Finance. 

AMENDMENTS TO BILLS. 

Mr. DUBOIS submitted an amendmentintcndcd to be proposed 
by him to the sundry civil appropriation bill; which was referred 
to the Committe3 on Appropriations, and ordered to be printed. 

Mr. GRAY submitted an amendment intended to be propcsod 
by him to the river and harbor appropriation bill; which was re- 
ferred to the Committee on Commerce, and ordered to be jirinted. 

Mr. HIGGINS submitted six amendments intended to bo ])ro- 
posed by him to the river and harbor appropriation bill; which 
were referred to the Committee on Commerce, and ordered to be 
printed. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House'had agreed 
to the concurrent resolution of the Senate to print 35,000 copies 
of the annual report of the Commissioner of Labor relating to 
cost of production, earnings, efficiency of labor, and cost of liv- 
ing. 

The message also announced that the House had passed a bill 
(H. R. 7093) making ap])ropriations for the naval service for the 
fiscal year ending June 30, 1.S93, and for other purposes; in which 
it requested the concurrence of the Senate. 

ENROLLED BILLS SIGNED. 

The message further announced that the Speaker of the House 
had signed the following enrolled bills; and they were thereupon 
signed by the Vice-President; 

A bill (H. R. 4429) to empower the Commissioners of the Dis- 
trict of Columbia to grant respites and pardons in certain cases; 

A bill (H. R. 5978) to extend the time for making an assessment 
of real estate in the District of Columbia outside the cities of 
Washington and Georgetown; and 

A bill (H.R. 6288) to amend the charter of the Rock Creek 
Railroad Company. 

DELAWARE AND REHOBOTH BAYS. 
Mr. HIGGINS submitted the following resolution; which was 
considered by unanimous consent and agreed to: 

Resolved. That the Secretary of War be directed to furnish the Senate with 
copies of the correspondence of the Congressional delegation of Delaware 
and the War Department, together with copies of reports (jf December 18 
1891, and February 4, 1893, with Inclosures from W. F. Smith, United States 
Army, Major of Engineers, retired, all in relation to the location of the pro- 
posed waterway between Delaware Bay and Rehoboth Bay, on line of the in- 
land waterway between Chincoteague Bay and Delaware Bay. 

HOUSE BILL REFERRED. 

The bill fH. R.7093) making appropriations for the naval ser- 
Beeal year ending .1 une 30, 1893, and for other purposes, 
was read twice by its title, and referred to the Committee on Ap- 
propriations. 

PUBLICATION OF COPYRIGHTED BOOKS IN THE RECORD. 

The VICE-PRESIDENT. The Chair lays before the Senate a 
resolution coming over from a previous day relative to infringe- 
ment of copyright by the CONGRESSIONAL Record. The reso- 
lution will be read. 

The Chief Clerk read the resolution submitted yesterday by 
Mr. Sanders, as follows: 

Resolved. That the Committee on the Judiciary be instructed to Inquire 
whether the publication in the Conc.uession.^l Kecoud, without the con- 
sent of the proprietor, of a copyrighted book is an infringement of the right 
granted to such pr<iprietor of the sole liberty of printing, reprinting pub- 
lishing. compU-tnig. <opying. executing, flnishiug. or vending the same and 
whetherthe publi.ation therein subjects any person who.shall sell or expose 
to sale the Conghession.a.l Recoku containing such reprint to the penalties 
prescribed in section 4904 of the Revised Statutes of the United States and 
whether any person is liable to the ownier of such cojiyright book tor dam- 
ages for such publication; and if so, what person, and what action, if any 
is desirable to be taken in view of the publication of copyright books in the 
CONGUES.sioNAi, Record; and that said committee have leave to report by 
bill or otherwise. ^ 

The VICE-PRESIDENT. The question is on agreeing to the 
resolution. 

Mr. CHANDLER. I suggest to the Senator from Montana to 
make the instruction to the Committee on Patents instead of the 
Committee on the .Judiciary. 

Mr. PLATT. I should like to ask the Senator from Montana 
whether he desires the passage of the resolution now? I have 
notexamined the Record this morning, but I think there is to 
be found in the Record action by the other branch (and I sup- 
pose it is not improper to speak of anything that is in the REC- 
ORD) by which the practice which has prevailed of inserting 
documents, books, and all that kind of matter in the Record 
has been stopped by action of the other branch of the Legisla- 



3438 



00NGRE8SI0NAL RECOliD— SENATE. 



Apeil 20, 



turc. Thcrotorc I ask whether the Senator desires to pursue 
the matter Huggestod by his resolution. 

Mr. SANDERS. Mr. President • 

Mr. CHANDLER. Will the Senator allow me a word? 

Mr. SANDERS. Certainly. 

Mr. CHANDLER. I do not understand that any action has 
been taken that strikes out from the Record the half dozen \-ol- 
imies that have been put into it witliin the last two weeks, nor 
does it prohibit the reestabUshmcnt of the practice at any mo- 
ment when an attempt may be made to reestablish it. It seems 
to me the I'esolution is a wise one, in order to determine once for 
all whether that thing shall be done, not merely in the past but 
in the future, and it is just as likely to be done hereafter as lias 
already been the case. 

Mr. PLATT. I do not want to oppose the I'esolution it the 
Senator who introduced it or other Senators think that there is 
necessity for it since the action of the other branch of the Legis- 
lature in regard to such matters. 

Ml'. WILSON. I think that this is a matter of some impor- 
tance and that it ought to be considered by a committee. I 
therefore move to refer the resolution to the Committee on 
Patents, so that that committee may consider the subject and re- 
port. 

Mr. Mcpherson. I should Uke to have the i-esolution ajrain 
read. 

The VICE-PRESIDENT. It will be again read. 

The Chief Clerk read the resolution. 

The VICE-PRESIDENT. The question is on the motion to 
refer the ix'solution to the committee on Patents. 

Mr. SANDERS. Mr. President, this resolution is a search 
after abstract truth, but it is a search after a truth which concerns 
the .Senate: and as nothing in the resolution has reference to the 
other House, I see no reason why we should not pursue this in- 
quiry, for we are already encumbered in the Congre.ssional 
Record with the publication of several books, the pi'operty in 
which is in citizens of the United States. It seems to me that 
before tlie CONGRESSIONAL RECORD shall bo put into a ]jerma- 
nent form we should know whether the ]niblication of it is in 
violation of rights that we have secured by law, and if such 
publication is, those books, however poetic they may be, can bo 
expunged from the Record and the citizens of the United Statics 
can bo informed whether by selling a copy of the Conc;ression.\l 
Record they incur the ijcnalties which are denounced against lit- 
erary piracy. 

I think the information sought for by the resolution is not use- 
less and has not been superseded by any discontinuance of the 
policy that has heretofore been maintained by any class of men 
or body of men. I am particularly an.xious for the information 
myself, because if it shall be affirmed that it is the right of Sen- 
ators to print copyrighted books, I wish to make some selections 
out of the libraries and spread them lieforo the people of the 
United States, they being books which, in my judgment, are use- 
ful to be comprehended and understood. I do not know of any 
cheaper way than the way indicated, provided it shall be de- 
termined by our .Judiciary Committee that this is proper. 

Besides that, there is a large number of people, very excellent 
of character and very disappointed in their expectations, who 
have been guilty of divers and sundry copyrighted noncircula- 
tive books, and how can the circulation of those books be more 
easily forced than by republishing them in the Congressional 
Record? 

I think the resolution should pass, but I am somewhat indif- 
ferent as to the committee to which it should go. 

The VICE-PRESIDENT. The question is on the motion of 
the Senator from Iowa [Mr. Wilson] that the resolution be re- 
ferred to the Committee on Patents. 

The motion was agreed to. 

irrigation publications op geological survey. 

The VICE-PRESIDENT. The Chair lays before the Senate 
a resolution coming over from a previous day, which will bo 
read. 

The Secretary read the resolution submitted by Mr. Power 
April 19, 1892, as follows: 

Jiisolecil. That the Secretary of the Interior be, and is hereby, directed to 
Im-uish the Senate with Intorinatiou in relation to the following matters and 
at as early a date as practicable : 

1. What dociuuents, reports, monographs, papers, maps, and illustrations 
have been printed during the fiscal years ot 1890-'91 and lS91-'i)a lor the United 
States Geological Survey in relation to irrigation, the storage of water, the 
measuring of streams, tlie construction and character of woi'lcs in this and 
other countries, the survey of arid lands for reclamation purposes; also it 
any have been printed in previous years, not already published and distrib- 
uted: and, if so, what relation such reports, etc., bear to the annual and 
special inililications of the Geological Survey, as authorized by law, and at 
what date i if any such documents are now printed or printing) will they be 
ready for distribution? 

~'. What reports relating to arid-land reclamation and Irrigation are lu 
prejxu-atlon in the ofllces of the United States Geological Survey and the 
United States Census; whether the same are now in coiu'se of printing; by 



whom are such reports being prepared, and under what authorltvof law; 
from what appropriations are the costs of said reports, papers, etc.. belnij 
bome. and from whatrollsarcthepersonsemployed thereat fjeing paid, with 
a full .statement or estimate of the cost of each of such publications or docu- 
ments, both for preparation and printing, with the number to be printed and 
s))ecliic autli(>rit,\- tuider which the work is being or has been done, 

3. Tliat the iuformatiDU asked shall include a statement as to whether any 
portion, and if so, what porllous, of said reports, etc., have been previously 
published and cii'culated, either public or jirivate papers and reports; also 
as to the authority of law under which such data have been gathered, the 
names and duties of those employed to obtain and prepare the same, the 
rolls on which they are now or were borne and paid, the amount ol the pay- 
ments to them while so employed, and the offices or divisions to which they 
were assigned 

Mr. HALE. That resolution was read in full yesterday. I ob- 
jected to it and it went over. I have since examined it' and am 
in favor of it. ' 

The VICE-PRESIDENT. The question is on agreeing to tho 
resolution. 

The resolution was agreed to. 

The VICE-i'RBSIDENT. If the morning business is concluded, 
the Calendar under Rule VIII is in order. 

MESSAGE from THE HOUSE. 
A message from the House of Reiiresentatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House had jiassed 
a bill (H. R. 8001) to authorize a national bank at Chicago. 111., 
to establish a branch office upon the grounds of the World's Co- 
lumbian Exposition: in which it requested the concurrence of 
the Senate. 

ENROLLED BILLS SIGNED. 

The message also announced that the S])jaker of the Hou.se 
had signed the following enrolled bills: and they were thereupon 
signed by the Vice-President: 

A bill (S. 113) to establish a military post near Little Rock, 
Ark.: and 

A bill (S. 1492) to authorize the apjiointment of an ins])eotor 
of plumbing in the District of Columbia, and for other pui-poses. 

exclusion OF CHINESE. 

Mr. TELLER. If agreeable to the Senate, I should like to 
call up the resolutions introduced soine time since b^' the Sen- 
ator from Alabama [Mr. MORGAN] touching the silver question, 
for the purjjose of sulimitting some remarks thereon. 

The VICE-PRESIDENT. The Chair lays the resolutions be- 
fore the Senate. 

Mr. TELLER. I do not desire to interfere with any business 
of the Senate, but this seems to me to be as favorable an oppor- 
tunity as I shall get. 

Mr. SHERMAN. I have no objection to interpose if the Sen- 
ator will allow me a few moments to give the state of the law in 
I'Cgard to the Chinese question. 

Mr. TELLER. Certainly. 

Mr. SHERMAN. I gave notice that I would call up the bill 
reported from the Committee on Foreign Relations in respect 
of Chinese immigration. At that time the committee were of 
the opinion, or seemed to be, without any very careful examina- 
tion of the law, that the present law for tho exclusion of Chinese 
immigration would expire on the Gth of May of the present year. 
By a more careful investigation, and by examining the amend- 
ments which have been made to the act of May 6, 1882, 1 became 
entirely satisfied that the act of 1881 extended the time two 
years, so that the law prohibiting Chinese immigration does 
not expire until some time in July, 1891. Therefore there is 
no immediate pressure to urge the passage of the bill reported 
by the Committee on Foreign Relations. Certain Senators de- 
sire to speak upon the subject, however, and at some time when 
it is convenient to them I shall call tho bill up, but not to-day. 

THE FINANCIAL SYSTEM. 

The VICE-PRESIDENT. The Chair has recognized the Sen- 
ator from Colorado [Mr. Teller] as entitled to the floor on the 
resolution heretofore submitted by the Senator from Alabama 
|;Mr. ]\Iorgan]. 

Mr. WILSON. Unless the Senator from Colorado is anxious 
to proceed now, I should like to suggest that we occupy this 
morning on the Calendar until 2 o'clock. The Calendar is in- 
creasing. 

I should prefer, if I am to speak at all, to 



Mr. TELLER, 
speak now. 

Mr. WILSON. 

Mr. TELLER, 
speak. 

Mr. WILSON. 



The Calendar is increasing every daj*. 

Of course, if the Senator objects I shall not 



I shall not go to that extent, but I merely 
make the suggestion that it would be well to have the Calendar 
considered until 2 o'clock. 

Mr. TELLER. Mv. Pi-esident, I supix)se. in the condition in 
which the friends of bimetallism find themselves to-<lay in this 
cauntry. perhaps I should apologize to the Senate for taking it> 
time from the Calendar, touching unimportant and triflitig bills, 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3465 



SENATE. 
Thursday, Ajpril 21, 1S93. 

Prayer by the Chaplain, Rev. J. G. Butler, D. D. 
The Vice-President being absent, the President pro tempore 
took the chair. 
The Journal of yesterday'sproceedings was read and approved. 

EXECUTIVE COMMUNICATION. 

The PRESIDENT pro tempore laid before the Senate a com- 
munication from the Secretary of War, transmitting, in i-esponse 
to a resolution of Jilarch 24, 1892, a list of all persons under the 
War Department, and stating their names, legal residences, 
compensation, duties, etc.: which, with the accompanying pape»-s, 
was referred to the Committee on Civil Service and Retrench- 
ment, and ordered to ba printed. 

COURT OF CLAIMS REPORT. 
The PRESIDENT pro tempore laid before the Senate a com- 
munication from the assistant clerk of the Court of Claims, trans- 
mitting the conclusions of fact and of law filed under the act of 
January 20, 1885, in the French spoliation claims relating to the 
brig Betsey; v.'hich,with the accompanj'ing papers, was referred 
to the Committee on Claims, and ordered to be printed. 

EULOGIES ON THE LATE SENATOR WILSON. 

Mr. GORMAN. Mr. President, I desire to give notice that on 
Friday, the 6th of May next, immediately after the morning busi- 
ness, I shall ask the Senate to consider resolutions in reference 
to the death of my late colleague, Ephraim K. Wilson. 

PETITIONS AND MEMORIALS. 

Mr. SHERMAN presented a memorial of 28 manufacturing 
firms of Cleveland, Ohio, remonstrating against the admission 
to this country of foreign-built beet-sugar machinery free of 
duty; which was referred to the Committee on Finance. 

He also presented a petition numerously signed by citizens of 
Ridgeville, Ohio; a petition of the Presbyter of Wooster, Ohio, 
and a petition of the Reformed Presbyterian Church of North- 
wood, Ohio, praying that the World's Columbian Exposition be 
closed on Sunday, and that the sale of intoxicating liquors be 
prohibited thereat; which were referred to the Committee on 
the Quadrn-Centennial (Select). 

Mr. DAWES presented the memorial of Mrs. L. Robinson, of 
Bonds Village, county of Hampden, State of Massachusetts, re- 
monstrating against Congress committing the United States Gov- 
ernment to a union of religion and the stats in the passage of 
any bill or resolution to close the Woiid's Columbian Exposition 
on Sunday, or in any other way committing the Government to a 
course of religious legislation; which was referred to the Com- 
mittee on the Quadro-Centennial (Select). 

Mr. WILSON presented a memorial of three members of the 
Seventh- Day Advent Chui'ch and .■■!8 other citizensof ForestCity, 
Iowa, remonstrating against the closing the World's Columbian 
Exposition on Sunday; which was referred to the Committee on 
the Quadro-Centcnnial (Select). 

Mr.DIXONpresentedapetitionof 26 citizensof Rhode Island, 
praying for the passage of legislation subjecting oleomargarine 
to the provisions of the laws of the several States; which was re- 
ferred to the Committee on Agriculture and Forestry. 

Mr. VEST presented the memorial of John Wilson and other 
citizens of Neosho. Mo., remonstrating against the passage of 
legislation committing the United States Government to a union 
of church and state: which wasreferredto the Committee on the 
Quadro-Centennial (Select). 

Mr. COCKRELL. I present a memorial of S. M. Baker and 
other leading citizens of Wellsville, Mo., remonstrating against 
the passage of a genei-al bankruptcy law. I move that the me- 
morial be referred to the Committee on the Judiciary. 

The motion was agreed to. 

Mr. FRYE presented the following petitions of the Bethel 
Grange, Patrons of Hu.sbandry, of Maine: 

Petition praying for the enactment of legislation to prevent 
gambling in farm products— referred to the Committee on the 
Judiciary. 

Petition praying for the passage of House bill 395, defining lard 
and imposing a tax thereon— ordered to lie on the table. 

Petition praying for the passage of a bill making certain issues 
of money full legal tender in payment of all debts— referred to 
the Committee on Finance. 

Mr. FELTON presi'ntcd a petition of citizens of Glenn County, 
Cal.; a p:!tition of citizens of Shasta County, Cal.. and a petition 
of citizens of Cayucos, Cal., praying for thepassageof the Wash- 
burn-Hateh antioption bills; which were referred to the Com- 
mittee on the Judiciary. 

Mr. PEFFER presented a petition of the Wage-Workers' 



Political Alliance of the District of Columbia, praying for the 
passage of Senate bill 1672, relating to the subject of botanical 
medicine and practitioners; which was referred to the Com- 
mittee on the District of Columbia. 

Mr. CALL. I present a petition of the Washington County 
Alliance of Vernon, Fla., indorsing the efforts of their friends in 
Congress, and praying for the passage of Icgfslation to emanci- 
pate the farming and industrial classes from the unjust taxation 
of organized capital. I move that the petition be referred to 
the Committee on Finance. 

The motion was agreed to. 

Mr. GORMAN presented a petition of Burnside Post, No. 22, 
Grand Army of the Republic, of Baltimore, Md.; a petition of 
thj Naval Veteran Association of Maryland: a petition of the 
Merchants and Manufacturers' Association of Baltimore, Md.; 
a petition of Custer Post, No. (i, of Baltimore, Md.; a petition of 
the Naval Veteran Association of Baltimore, Md.; a petition of 
the Dodge Post, No. 44, Grand Army of the Republic, of Balti- 
moi-e, Md., and a petition of the Wilson Post, No. 1, Grand Army 
of the Republic, of Baltimore, Md., praying for the passage of 
legislation transferring the Revenue Marine Service to the naval 
establishment; which wert! ordered to Hi on the table. 

Mr. VILAS presented the memorial of M. H. Brown and 37 
other members of the Seventh Day Advent Church of Milwau- 
kee, Wis., remonstrating against the closing of the World's Co- 
lumbian Exposition on Sunday; which was referred to the Com- 
mittee on the Quadro-Centennial (Select). 

Mr. Mcpherson presented the petition of Rev. Dr. Rudolph 
Wieczorek, pastor of tlie Evangelical German Lutheran Church 
of New York City, praying that a pension be allowed Charles H. 
Rosch, who served in the Indian war in Flcu'ida; which was re- 
ferred to the Committee on Pensions. 

He also presented a petition of the Bureau of Charities of New- 
ark, N. J., praying for the passage of legislation to secure the 
adoption of safer appliances for coupling railroad cars; which 
was ordered to lie on the table. 

He also presented a petition of Moorestown Grange, Patrons 
of Husbandry, of Burlington County, N. J., praying for the pas- 
sage of legislation to prevent gambling in farm products; which 
was referred to the Committee on the .Judiciary. 

He also presented a petition of the students of the Drew The- 
ological Seminary, of Madi.son, N. J.; a petition of the Presby- 
tery of New Brunswick, N. J., and a petition of Rev. Judson 
Conklin and 89 members of the Clinton Avenue Baptist Church 
of Trenton. N. J., praying that the World's Columbian Exposi- 
tion bs closed on Sunday; which were referred to the Committee 
on the Quadro-Centennial (Select). 

REPORTS OF COMMITTEES. 

Mr. COCKRELL, from the Committee on Military Affairs, to 
whom was referred the bill (S. 2882) for the relief of John M. 
Davis, reported it with amendments, and submitted a report 
thereon. 

Mr. FRYE, from the Committee on Commerce, to whom was 
referred the bill (S. 2613) to amend sections 2807 and 2881 of the 
Revised Statutes, reported it with amendments. 

Mr. FRYE. I report back adversely from the Committee on 
Commerce the bill (S. 1806) ti) amend sections 2774 and 2-!07 of 
the Revised Statutes, the bill just reported making provision for 
the purposes of this bill. I move that the bill be postponed in- 
definitely. 

The motion was agreed to. 

Mr. DAVIS, from the Committee on Military Affairs, to whom 
was referred the bill (S. 1600) to provide for the completion and 
lepair of quarters, barracks, and stables at Ports Washakie 
and McKinney, .Wyo., reported it with amendments, and sub- 
mit' ed a report thereon. 

Mr. PEFFER, from the Committea on Claims, to whom was 
referred the bill (S. 364) for the relief of Barker Williams and 
others, reported it with an amendment, and submitted a report 
thereon. 

Mr. HANSBROUGH, from the Committee on Territories, to 
whom was referred the joint resolution (S. R. 72) relative to the 
erection of a penitentiary in the State of North Dakota, and for 
other purposes, reported it with an amendment, and submitted 
a report thereon. 

Mr. HAWLEY, from the Committee on Military Aflfairs, to 
whom was referred the bill (S. 2298) for the relief of James L. 
Townsend, reported it without amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 710) providing for the relief of William C. Spencer, of 
Maryland, late captain Seventeenth Infantry, United States 
Army, reported it with an amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 898) to furnish the Gettysburg Battlefield Memorial Asso- 



3166 



CONGEESBIONAL EECORD— SENATE. 



Apell 21, 



ciation, at Gettysburg, Pa., with specimen of arms, accouter- 
mi'nts, etc., used by the armies in the battle of Gettysburg, for 
exhibition and preservation at the Gettysburg Museum, reported 
it ivithout amendment, and submitted a report thereon. 

Mr. BATE, from the Committee on Military Affairs, to whom 
woie referred the following bills, submitted adverse reports 
thereon; which were agreed to, and the bills were postponed in- 
definitely: 

A biir(S. 2058) to establish the rank of Arza B, Gilsou, of Ha- 
vana, Ohio, as major of the One hundred and sixty-sixth Ohio 
Volunteers: 

A bill (S. 1970) for the relief of Charles Banzhaf: and 

A bill (S. 1054) for the relief of David M. Watson. 

Mr. PALMER, from the Committee on Military Affairs, to 
whom was referred the bill (S. 64) for the relief of John A. I^yuch, 
re])orted it without amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 2359) to i^lace John M. Cunningham on the retired list, 
re])orted adversely thereon; and the bill was postponed indefi- 
nitely. 

Jir. WALTHALL, from the Committee on Militai'y Affairs, to 
whom was referred the bill (S. 713) authorizing and directing the 
Secretary of War' to contract for the purchase of the letters pat- 
ent granted to the late Bevei'ly Kennon for his invention of a 
counterjjoisc battery, reported adversely thereon; and the bill 
was postponed indefinitely. 

Mr. HOAR. I am directed by the Committee on the Judiciary 
to report back adversely the bill (S. 387) to prohibit the allowing 
of attorney's fees in cases of foreclosures of mortgages in courts 
of the United States when it is forbidden by State laws in the 
courts of the State. The same is true of this bill: the provisions 
have been inserted in another bill. 

The PRESIDENT pro tcm}Mrc. The bill will be indefinitely 
post poued . 

Mr. PADDOCK subsequently said: I ask that the vote by 
which Senate bill 387 was indefinitely postponed be reconsidered, 
and that the bill maybe placed on the Calendar with the adverse 
report of the committee. I may wish to say something about it. 

Mr. HOAR. I have no objection if the Senator desires that 
to ha done, but I will state to him that the Judiciary Committee 
ha:i recLiinmendod in the House bill which has been reported 
favorably and is ]>ending in the Senate the insertion of a provi- 
Bi(.n limiting attorneys" fees in all cases to those fixed in the Re- 
vLsed Statutes, which are in most instances only two or three 
dollars a case, and which do not execLxl $20, I think, in any case 
whatever, cutting up by the roots the system of taxing large at- 
torney's fees in mortgage sales and all those things. 

Mr. PADDOCK. I am not sure that that will satisfy- me, and 
I prefer to have the bill placed on the Calendar for personal rea- 
sons. ■Vor.-.-^-v 

Mr. HOAR. Very well; the Senator can look at the Iji 

The PRESIDENT 2)ro icmiMrc. The vote indefinitely postpon- 
ing the bill will bei-econsidered, and it will be placed on the Cal- 
endar with the adverse report of the committee, if there be no 
objection. The Chair hears none. 

I\Ir. HOAR, from the Committee on the Judiciary, to whom 
was referred the bill (S. 1494) to create additional associate jus- 
tices of the supreme court of the District of Columbia, reported 
adversely thereon, and the bill was postponed indefiniti'ly. 

Mr. HOAR. I am instructed by tlie Committee on the Judi- 
ciary to report back adversely the bill (S. 2204) to amend an act 
entitled "An act to establish circuit courts of apjieals, and to de- 
fine and regulate in certain cases the jurisdiction of the courts 
of the United .States, and for other puri)oses." A similar bill 
has already passed the Senate. 

The PRESIDENT pro tempore. The bill will be indefinitely 
postponed. 

Mr. HOAR. I am also instructed by the Committee on the 
Judiciary to report back adversely the' bill (S. 2853) in relation 
to the Court of Claims. The provisions of this bill have passed 
the Senate in another bill. 

The PRESIDENT pru tcmjjore. The bill will be indefinitely 
postponed. 

Mr. CHANDLER, from the Committee on Naval Affairs, to 
whom was referred the bill (S. 826) for the relief of the suft'erers 
by the wreck oi: the United States steamer Tallapoosa, reported 
it with an amendment. 

Mr. HALE. I am directed by the Committoe on Appropria- 
tions, to whom was referred the bill (H. R. 7818) to provide for 
certain of the most urgent deficiencies in the appropriations for 
the service of the Government for the fiscal year ending June 
30, 1892, and for other purposes, to i-eport it with amendments. 
I gi\e notice that I shall call up the bill to-morrow morning 
after the I'ouline business. 

The PRESIDENT pro tempore. The bill will be placed on the 
Calendar. 



BILLS INTEODUCED. 

Mr. MCPHERSON introduced a bill (S. 2963) for the relief of 
Capt. George H. Perkins; which was read twice by its title, and 
referred to the Committee on Naval Afl'aii-s. 

He also introduced a bill (S. 2968) to amend rule 7, section 
4233, Revised Statutes; which was rer-d twice by Us title, and 
referred to the Committee oh Commerce. 

Mr. COCKRELL introduced a bill (S. 2967) for the relief of the 
heirs of Davis B. Bonfoey; which was read twice by its title, and 
refei'red to the Committee on Claims. 

Mr. BUTLER introduced a bill (S. 29G8) to provide for a May 
tenu of the district court of the United States foi' the eastern 
district of South Carolina; which was read twice by its title. 

Mr. BUTLEi^v. I beg leave to accumjjany the bill with a let- 
ter from Judge Simonton, the district judge of South Carolina, 
to which I bjg to invite the attention of the Committee on the 
Judiciary, and ask if we can not have early action in regard to 
the bill. It seems to be a matter of some importance. 

Tlie PRESIDENT pro tempore. The bill and accompanying 
papei- will be referred to the Committee on the Judiciary. 

Mr. BUTLER introduced a bill (S. 29(i9) granting a pension to 
Clark Martin; which was read tw-ice by its title, and, with the 
accompanying paper, referred to the Committee on Pensions. 

]\Ir. DAVIS introduced a bill (S. 2970) for the relief of H. K. 
Beldiug; which was read twice by its title, and referred to the 
CDUimittee on Post-Offices and Post-Roads. 

Mr. GORMAN introduced a bill (S. '2971) authorizing tha res- 
toration of the name of Thomas Hynes, late firstlieutenant First 
United States Infantry, to the rolls ol the Army, and providing 
that he be placed on the list of retired ofiicers; which was read 
twic by its title, and referred to the Committee on Military 
Affairs. 

He also introduced a bill (S. 2972) to refund to the corporate 
authoi-ities of Frederick City. Md., the sum of $200,000 exacted 
of them by the Confederate army under General Jubal Early ,_ in 
1864, under penalty of burning said city; which was read twice 
by its title, and referred to the Commiitee on Claims. 

"Mr. GIBSON of Maryland (by request) introduced a bill (S. 
2973) for the relief of Thomas Stack; which was read twice by 
its title, and referred to the Committee on Claims. 

Mr. PERKINS introduced a bill (S. ::974) granting an honor- 
able discharge to Ephraim Morrison: which was read twice by 
its title, and referred to the Committee on Military Affairs. 

He also introduced a bill (S. 2975) granting an honorable dis- 
charge to William Brown; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Military Affairs. 

Mr. MCMILLAN introduced a bill (S. 2976) for the construction 
of a public building at Flint. Mich.; which was read twice by its 

t^and referred to the Committee on Public Buildings and 
Grounds. 

Mr. SAWYER introduced a bill (S. 2977) for the relief of the 
Stockbridge tribe of Indians, in the State of Wisconsin: which 
was read twice by its title, and referred to the Committee on In- 
dian Affairs. 

Mr. CULLOM introduced a bill (S. 2978) granting an increase 
of pension to James T. Smith; which was read twice by its title, 
and referred to the Committee on Pensions. 

AMEX ORIENTS TO BILLS. 

Mr. GIBSON of Maryland submitted six amendments intended 
to be proposed by him to the river and harbor appropriation bill: 
which were referred to the Committee on Commerce, and ordered 
to be printed, 

SALE OF NONMINERAL LANDS. 

I^Ir. POWER submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

J!,-Koli-fd. That the Secretary of the Interior be, and he is hereby, directed 
to furnish the Senate, and at as eai'ly a date as practicable, with a detailed 
statement of all moneys received by the General Laud Ofllce, and the cost of 
survey and sale of same for all nonmineral lands sold from the public do- 
main during the past ten llscal years, tip to and ending June 30, isn, within 
the areas now included in the States of California. Colorado, Idaho, Montana. 
Neveda, North Daliota, Oregon, .South Dakota, Washington, and V.'yoming, 
and the Territories of Arizona, New Mexico. Oklahoma, and Utali. This 
information to be arranged by Hscal years, under receipts and expeuditures. 
by States and Territories and by land districts within the same. 

SALMON FISHING IN ALASKA. 

Mr. PLATT submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

JliKo!ved. That the FishComralssiones be. and he is hereby, directed locom- 
mtuiicate to the Senate any infonnationin his possession relative to salmon 
tishlug in Alaska, Its extent, and whether the methods employed in catching 
salmon ai-e likely to diminish the supply and eventually exterminate the sal- 
mon together with his opinion as to what measiu-es should be adopted for 
the protection and preservation of the salmon Industry In Alaskan waters. 
DYNAMITE-GUN CKUISER %-ESUVIUS. 

The PRESIDENTpro temiwre. Is there further morning busi- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3473 



The next amendment was, on page 6, line 115, before the word 
"Superior," to insert "At;" so as to make the clause read: 

At Superior Bay, lights, at a cost not exceeding J1,SOO. 

The amendment was agreed to. 

The next amendment was, on page 6, to strike out lines 119 to 
123, inclusive, as follows: 

At Rock of Ages, a light and fog signal, at a cost not exceeding $125,000. 

At Rock Harbor, reestablish light and establish fog signal, at a cost not 
exceeding $10,600. 

The amendment was agreed to. 

The next amendment was, on page 6, under the headline "Lake 
Michigan," in line 127, before the word "fog," to insert "steam:" 
Eo as to make the clause read: 

At Seul Cholx Point, a steam fog signal, at a cost not exceeding $5,500. 

The amendment was agreed to. 

The next amendment was, on page 6, line 129, before the word 
"fog," to insert "steam;" so as to make the clause read: 

On South Fox Island, a steam fog signal, at a cost not exceeding $5,500. 

The amendment was agreed to. 

The next amendment was, on page 6, lino 131, after the word 
"and," to insert "steam;" so as to make the clause read: 

On north end North Manitou Island, a light and steam fog signal, at a cost 
not exceeding JDO.OOO. 

The amendment was agi'eed to. 

The next amendment was, on page 6, to strike out lines 133 and 
134, as follows: 

On southeast point North Manitou Island, a light and fog signal, at a cost 
not exceeding $20,000. 

The amendment was agreed to. 

The next amendment was, on page 7, line 137, before the word 
" fog," to insert " steam; " so as to make the clause read: 

At Ludington, a steam tog signal, at a cost not exceeding $5,500. 

The amendment was agreed to. 

The next amendment was, on page 7, lino 139, before the woi-d 
"fog," to insert "steam; " so as to make the clause read: 

At St. Joseph, a steam fog signal, at a cost not exceeding $5,000. 

The amendment was agreed to. 

The next amendment was, on page 7, line 141, before the word 
"fog," to insert "steam; " so as to make the clause read: 
At Manitowoc, a steam fog signal, at a cost not exceeding $5,500. 

The amendment was agreed to. 

The next amendment was, on page 7, to strike out lines 147 and 
148, as follows: 

At Rock Island, a light ship of smtable pattern, at a cost not exceeding 
$20,000. 

The amendment was agreed to. 

The next amendment was, on page 7, line 151, before the word 
" fog," to insert " steam; " so as to make the clause read: 

At Little Gull Island, a light and steam fog signal, at a cost not exceeding 
$20,000. 

The amendment was agreed to. 

The next amendment was, on page 7, to strike out lines 153 and 
154, as follows: 

At Pointe aux Barques, a light and tog signal, at a cost not exceeding $25,- 
000. 

The amendment was agreed to. 

The next amendment was, on page 7, in line 155, to strike out 
the word " Noque '' and insert " Noquette; " so as to make the 
clause read: 

At Squaw Point, Little Bay de Noquette, a light, at a cost not exceeding 
$5,000. 

The amendment was agreed to. 

The next amendment was, on page 7, line 1.57, before the word 
"Peshtigo," to insert "or near;" and in the same line, to strike 
out the words " light-ship with fog whistle," and insert "light- 
house and steam fog signal;" so as to make the clause read: 

At or near Peshtigo Shoal, Green Bay, a light-house and steam fog signal, 
at a cost not exceeding $10,000. 

The amendment was agreed to. 

The next amendment was, on page 8, lino 164, after the words 
" for the," to strike out "purchase of four light-ships of suitable 
pattern; one of said light-ships to bo stationed at or near Eleven 
Foot Shoal, one at or near Drisco Shoal, one at or near Poverty 
Island Shoal, and one at or near Whale Back Shoal" and in- 
sert in lieu thereof "construction or purchase and equipment of 
one or more light-ships for service on the Great Lakes, and said 
appropriation shall be immediately available therefor;" so as to 
make the clause read: 

That the sum of $i30,000,heretotore appropriated by act of Congress, August 
39, 1890, for the building of a light-house on Eleven Foot Shoal, Green Bay, 
he applied, under the direction of the Light-House Board, for the construction 
or purchase and equipment of one or more light-ships for service on the 
Great Lakes, and said appropriation shall be immediately available therefor. 

The amendment was agreed to. 



The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, annoimced that the House had dis- 
agreed to the amendments of the Senate to the bill (H.R. 5499) 
to amend an act entitled "An act approving with amendments 
the funding act of Arizona," approved .Tune 25, 1890, agreed to 
the conference asked by the Senate on the disagreeing votes of 
the two Houses thereon, and had appointed Mr. Washington, 
Mr. KiLGORE, and Mr. Perkins, managers at the conference on 
the part of the House. 

BOSTON HARBOR IMPROVEMENT. 

The PRESIDENT jiro tanpore laid before the Senate a com- 
munication from the Secretary of War, transmitting, in response 
to a resolution of the Senat3 of the 18th instant, a letter from the 
Chief of Engineers, dated the 19th instant, together with a copy 
of a letter from Lieut. Col. S. M. Mansfield, Corps of Kugineers, 
relative to the cost of deepening the main channel of Boston Har- 
bor; whieh was I'ead. 

Mr. HOAR. I desire to ask the chairman of the Committee 
on Commerce to examine that report and sec whether the map 
which accompanies it should be printed or not, as well as the let- 
ter; and, if so, that he will make the proper motion. 

Mr. HARRIS. Had it not better be reterred-to the Committee 
on Commerce? Then the committee can order any printing they 
desire. 

Mr. HOAR. I wish to have the matter advanced. It relates 
to an important improvement in Boston Harbor, whieh I want 
to have the committee consider in time for the river and harbor 
bill. 

Mr. FRYE. I think that ordering the printing of the map 
will causa such delays that it will probably be useless at this 
session of Congress, and perhaps it had better not be printed, bvit 
let the communication be printed and referred to the Commit- 
tee on Commerce. 

Mr. HOAR. Very well. 

The PRESIDENT pro tempore. The communication and ac- 
companying papers, except the map, will be printed and referred 
to the Committee on Commerce. 

UHLITARY POST NEAR HELENA, MONT. 

Mr. HAWLEY. I dislike to ask the Senate to take up a bill 
out of its order, but I am going out of town for four or five days, 
and I am pressed by the Secretary of War, the Senators from 
Montana, and various citizens to ask for the early consideration 
of Senate bill 1881, to establish a military post near the city of 
Helena, in Lewis and Clarke County, in the State of Montana. I 
ask imanimous consent that it may be considered now. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill (S. 1881) toestablish amili- 
tary post near the city of Helena, in Lewis and Clarke County, 
in the State of Montana. 

The bill was reported from the Committee on Military Affairs, 
with an amendment in section 2, line 3, after the word "quar- 
ters," to insert "hospital;" so as to read: 

Sec. 2. That for the purpose of defraying the expenses of locating the 
said army post as aforesaid, and of constructing barracks, quarters, hos- 
pital kitchens, mess halls, stables, storehouses, magazines, defenses, and 
other necessary and suitable improvements and buildings, there is hereby 
appropriated, oiU. of any money in the Treasm*y of the United States not 
otherwise appropriated, the sum of $300,000, or so much thereof as may be 
necessary, the same to be drawn from the Treasury and applied to said 
purposes under the direction of the Secretary of War. 

The amendment was agreed to. 

Mr. HAWLEY. This is a bill of so much importance and ask- 
ing for so much money that I ought perhaps to put on record a 
brief statement about it. 

This is a iriatter which has been long considered by the War 
Department. The establishment of this post is recommended by 
the Secretary of War, by the General commanding the Army, 
the general commanding the Department of the Missouri, and 
the general commanding the Department of Dakota. It is a part 
of a general system for rearranging the posts of tlie .iVrmy , wliich 
has become a wi«e and necessary policy. 

We have no longer what is called technically "a frontier." 
The abolishment of small posts and the concentration of troops 
at points strategically strong and conveniently situated for quick 
distribution in case of necessity is a policy which is being carried 
out by the War Department. Pursuant to this ])olicy, Fort 
Shaw, Fort Logan, Fort Ellis, and Fort Maginnis, in Montana, 
have all been discontinued, while other small posts and camps 
where military forces have been stationed in former time have 



XXIII- 



-218 



3474 



CONGRESSIONAL RECORD— SENATE. 



April 21, 



3 ted 



.lUnnnoared This affords the Government the opportimity to 
^ rnTonOaCTcs of landfrce of cost for the purposes of the act. 
^'^ho bili'vas reDorted to the Senate as amended, and the amend- 
ment ^p^«5™^°™yP-^ large appropriation for the cstab- 
V Y ^^nf n mUitarv post We passed a bill a few days ago 
ISshinVa'o Un'lhe'staVeol Florida, for tl.e erection of 
en rely new barracks, and the appropriation I thmk, was $20 <m 
Th, S300 000 here proposed to hs appropriated, especially in the 
Jio^ent condition of the Treasury of the country, seems to me to 

\lr ^HAWLEY .■ Well, Mr. President, the Senator is correct; 
it i a Tan'e amount; but it is a matter, as I say-I can o" Y re- 
,.P ,t what T have already said— that the Secretary of War, the 
F^^^el^l commliulino the Army, and the generals of various de- 

?aXent""romme"nd. It caus^^ f^^X^osis""" ' "''' 

considerable forts and a number of small posts. 

Ai,- MpPHRRSON. Where is it located.-' 

Mr H AWLEY In Helena, Mont. The Senators from Mon- 
tana undti-tand the question fully. I think the bi 1 is wise and 
econoSicll I think it is most decidedly an economical measure 

Mr SANDERS. Mr. President, the establishment of this post 
in U at ^cin^iy has been approved by various generals command- 
in- the Army from the days of Gen. Grant down "^td now^ It 
was the iudo-ment ot Gen. Sheridan, as it is now of all «ie aimj 
officers familiar with that region, that it is in the interest of 

%i°i^SDonse to what the Senator from Florida [Mr. Call] is 
iiloased to sav I will state that the bill itself contemplates as a 
Suio i-pi^'^'ed^nt a very considerable contribution from the 
T^ponle in that rc^Tion. A thousand acres of land at an.\ piact, 
S i ^: u i^ il-olv this nost will be established in that vicinity 
w Unot 1 e ke y to be worth less than from fifty to one hundred 
lo arf an acre; and while I do not very cordially or enthusi- 
astically support that portion ot the proposition, I am satai.ficd 
that it will be accepted and the conditions be complied wii 
There are a number of small posts remot^e rom railroads w 
have been or are to be abolished there. The point selocte 
thUbill is one from which railroads diverge a a mof eve y 

morfoheaply ti^an they can at tlie various posts to be abolished 
and those which have heretofore b^en abolished^ 

While it is tru" that the appropriation is somewhat laige.i 
do n,U kno«- and-I do not sui^i^ose indeed ««t^t will be possij 
hie that it will all be expended this year; but the c eation oi 
such a post Is vUl accommodate the army wh ch must live some- 
where It tliat point will be accompanied. wth «>'ne expense 
That expense however, will be largely reimbursed by the sav- 
Fn^vhfJh u^i result to' the Government by -moving he t.^op 
from posts which are now very expensive, ^en Meiiitt 1 Jx 
lie ve, states that Port Custer, which is one of ^lie l)Osts contem 
I'lated to he abandoned, is the most expensive post in the United 
States to supply- and inasmuch as at that pointy the |iecessity foi 
amilitarvforce has ceased to exist, it is contemplated that t 
shall be abolished and that the troops shall be stationed at this 

""'Thlre is no apprehension that the property ''ill ^o\l'f ""^^Ji 
■ce as much as the Government proposes to appropriate by thi. 

"•xThe bill was ordered to be engrossed for a third reading, read 
thdsthird time, and passed. 

ECklNGTON AND SOLDIERS' HOME RAILROAD COMPANY. 
The bill (H. R. -UO) to amend the charter of the Eckington and 
Soldilis' Home R-ailroad Company was considered as in Commit- 

^hebUlwas'r" ported from the Committee on the District of 

cI^bia\;Uh aiL.ndment.s.__ The «-* am^^f "^JJ*,.^^^^' ^^ ^'^°- 
tion 1 line 8, after the word " avenue," to strike out. 

iiiliilisJgiipii 

lasterlTalonrMassachusetts avenue to Noi-tli Capitol street, ancl- 

And insert in lieu thereof: 
and ^irst .u-ec^t. t.encc -«. along Fn;st street NW.^to^C^s^^^^^ 
then east along C s"«e' to \«^ cliter of said avenue at a distance ot not 
^^S{^t^<^i^^c^~^Bstreetn<^.^^^ 

|V^^ntrr.en^il°ac'J^irN^>?J^eSy^^^^^^^^^ 
Capitol street. 

^It r^^^rncS^f^rfn\°ection 1, after lino 27 to insert : 



on the soutH side tliereot, to C street NE and along C street to ™f Ji^h sWe^^ 

NE ■ thence north on Fifteenth street to D street NE., '^»"'^'L^^n <:t™if 

=,!i;t to wmirth street- thence south on Fourth street to and along O street 

?oNewJe?sevavenueaiidthepointolbeg 

T?itroptssliail benaved and provided with sewers to Fifteenth street the com- 

?anvshaUnotbe^requi?ed road beyond Twelfth street, and 

ShaveauthOTltytomakeconnectionw-ithDstrcetthroughTwellthstreet 

The amendment was agreed to. „ff^„ +>,„ wnvd 

The ne.xt amendment was, in section 1, line 54, after the word 
its," to strike out "line " and insert " lines: so as to read: 



branches. 
The amendment was agreed to. „„„*?„„ i the 

The next amendment was, to insert at the end of section 1 the 

following additional provisos: 
Provided, That the construction of said railroad on ^ny swe^'^fj^^^Ita^: 

iiiiiigiiiiif^si 

iiiiiisiiiiiiiii 

of the Secretary of Wai. J-°^f^?,"^cr„vMnrv of War In case of persistent 
to terminate at tbe pleasure of the fe^relan of \\ai W^cas^^ ^^.^_^ ^^ 

"^oSSly ^^tf an;TtC^onIit'iL"rreqni^.^ents, and regulations aforesaid. 

M'rSlL"LAN:n'Sst^-ucted by the Committee on the 
D^trict of Columbia to offer an amendment, which I send to the 

"^^The PRESIDING OFFICER. The amendment will be re- 
^ The SECRETARY. In section 1 , line 39, after the word " street," 
it is proposed to insert: 

ri^?eTe^nrB"up?|u?g.|nl^^^^^^^^ 

or purchase and made a pai t of said rc^ad, to^^ ^^^_^_^ station: ProvUe,]. 

mlssioner-s ot 11^% if'^"'2 ^'ji-"' V' "Sail b^ taken to require the extension 
That uothms contained ™,t™^ j^"^snau ue ba h widened as herein 

provided tor 1 V'''''- ^'^"rJ)::^? ThM the'frlcte of Jaid c^^^^ on Lincoln 

i.rovided tor: ■P'-»P''f''-''''^.'/,V,JSSvdavs from the passage of this act, and 

k^ZI^ ^La'^ri^TrS't^n'd \o'^K|es'i^Tnch in^anne? as the Commis- 

l^ouerfot the District of Columbia shall direct. 

?l'J^7IcMItLA™nii^^^^^^^^^^ 1, t move 

to strike out " sum" and insert " sums.' 

T'hp amendment was agreed to. , ,i j- 

Mr MCMILLAN. In°section 1, line 89, before the word ' diB- 
bursemeni" I move to strike otit " its" and insert -t^^ 
to read°- with an account of their disbursement m detail. 

The amendment was agreed to. ^. „ . 

Mr MCMILLAN. In section 3, line 3, after the word act, 1 
move t« insert ■■except as otherwise expressly provided for. 

The g--d--t.-^^.jS^|^t, \° should 1^ very glad if the Sen- 
ator iromMichS^n in charge of this bill would explain the 

"'Mf millLLAN. The object of the bill is to enable the Eck- 
ington road whch now runs to the Soldiers' Home and the Cath- 



1892. 



CONGRESSIONAL EECORD— SENATE. 



3475 



down to the Treasury Dopartment in the center of the city with 
transfers to Georgeto^^^l, or will take them to the Soldiers' Home 
for the sum of 5 cents. If we were to allow charters to be given 
to those who ai-e demanding them in the east end, it would 
simply mean that a passenger would have to pay 10 cents to take 
the same ride. This bill has had careful attention from the com- 
5 mittee; it was examined very carefuUj', and wo think it is a very 
good bill indeed, satisfactory "to the citizens and advantageous for 
the District in every way. It has behind it petitions from hun- 
dreds of people. 

Mr. MORGAN. I wish to ask the chairman of the committee 
whether tliis proposed railway line passes along G street between 
/ Fourth and Fifth? 

Mr. McMillan, it now runs on G street. 

Mr. MORGAN. It runs to Fifth street on G? 

Mr. MCMILLAN. Yes, sir. 

I\Ir. MORGAN. Is it proposed to extend it from Fifth to 
Fourth onG? 

Mr. McI\IILLAN. Yes; to fill up that gap, and then connect 
•with what is called the Belt Line. 

Mr. MORGAN. You can not put two lines of railway in that 
street without ruining it. 

Mr. McMillan. They do no*. There is no track there at 
all now. 

Mr. MORGAN. I mean that you can not put a double track 
there without ruining that street. 

Mr. McMillan. There is a double track on G street. 

Mr. MORGAN. Up to Fifth there is, but not beyond that, 
not between Fourth and Fifth. 

Mr. McMillan. The senator will remember that on G 
street at that point the Pension Office is situated. 

Mr. MORGAN. Yes, I know, and that is the reason why you 
can not get a proper width of street there to jiut in two tracks. 

Mr. McMillan. I do not think there is any difficulty about 
it. I have driven do>vn there mvself and looked at it very care- 
fully. 

Mr. MORGAN. I lived on that street for four years, and I 
know it to be the fact. 

Mr. HARRIS. The street from Fourth to Fifth is as wide as 
it is from Fifth to Fifteenth. 

Mr. MORGAN. No, not as wide. 

Mr. HARRIS. It is quite as wide; and on one side there arc 
BO buildings. On the north side there are buildings. 

Mr. MORGAN. On the south side there is the Pension Office. 

l\Ir. HARRIS. Of course, and there is an open space. 

The PRESIDING OFFICER. The Senator from Michigan 
has the floor. 

Mr. MCMILLAN. The majority of the people who live thei-e 
have no objection to this road. The track is laid very smoothly; 
the new pattern of rail is used, and when it is asphalted over there 
■vrill not be any difficulty about it, and it wilUbe a very great con- 
venience to have this road extended that one block. 

Mr. MORGAN. What is the motive power ? 

Mr. MCMILLAN. Electricity. 

Mr. MORGAN. Overhead ? 

Mr. McMillan. Underground or the storage battery. It 
is expressly provided in the bill that nothing else shall be used. 
It must bo either underground or the storage-battery system. 

Mr. VEST. They may use the present power that they have. 

Mr. McMillan. That is storage. They use on New York 
avenue now the trolley system, but that has to be done away with 
now very soon. The company has been using for some time the 
storage svstem. 

Mr. VEST. The language of the bill, I notice, is 

It electric wires or cables are used. 

" If" they are used. 

Mr. McMillan. There is no doubt that they may use a ca- 
ble, I suppose, but they can not use overhead wires. That is ab- 
solutely jirohibited. 

Mr. VEST. I simply quote the language, which implies that 
they may use other power. 

Mr. HARRIS. There is no other method except the trolley 
or overhead system, the storage battery, or the conduit system. 
The provision is exactly the same that was inserted, I think, 
upon the amendment of the Senator from Missouri a year or two 
ago in a similar measure. It will require putting under ground 
any wire or cable that is used for conducting the electric power. 

Mr . MORGAN. Will it prohibit the use of horses for traction 
purposes? 

r.Ir. McMillan. There will be no horses on this road. 

Mr. VEST. It does not px-ohibit the use of them. I will say 
to the Senator from Michigan that the amendment I offered some 
years ajjo and which is now the law prohibited the use of over- 
head wires; that was all. But the language of this bill would 
permit them to use any power they saw proper. There is no in- I 



hibition on tliem at all. It simply says, "If electric wires or 
cables are used, * * * the same shall be placed under ground:" 
but it does not say what they shall use. 

Mr. HARRIS. If the Senator from Missouri will look at the 
act providing for the extension on G street, passed two or three 
years ago, I think that the language in this bill is precisely the 
same as the language in that in respect of the power, and under 
that extension act storage batteries have been exclusively used J 
I think I can safely say that nothing else is contemplated" in this 
extension than the use of storage batteries. , 

Mr. Mcl\IILLAN. I think that they do not contemplate using 
anything else. % 

Mr. VEST. I should like to ask the chairman of the com- 
mittee a question. I am not so familiar with these streets as I 
possibly ought to be. Where would this road run on B street? 

Mr. MCMILLAN. It does not run on B street. It runs upon 
New Jersey avenue within 150 feet of B street, That was dono 
at the request of the property-owners and people who live there. 
They agreed to that suggestion, so that the people could take 
cars coming to the Capitol here on Now Jersey avenue; but ob- 
jection was made to coming up to B street, and that was stricken 
out of the bill. 

Mr. VEST. It runs then within 150 feet of B street? 

Mr. McMillan. Ycs, sir. 

Mr. HARRIS. To the Baltimore and Ohio depot, v.-ithin 150 
feet of B street. 

Mr. MORGAN. There ought to be a restriction in the bill 
against the use of horse power. 

Mr. McMillan. The committee have no objection to an 
amendment of that kind. There is no danger of horse power 
being used, I can assure the Senator. 

Mr. MORGAN. There is always danger when there is an 
opening for a railroad company. 

Mr. HARRIS. If the Senator will suggest an amendment, 
there can be no objection to prohibiting the use of horse power. 

Mr. MCMILLAN. I have no objection to it. 

Mr. MORGAN. In section 1. line ;i9, after the word '-pro- 
vided," I move to insert, "That horse power shall not be used on 
said line for traction purposes, and;" so as to read: 

Providfil, That horse power shall not be used on said line for traction pm'- 
poses, and that if electric wires or cables are used to propel Its cars over any 
o£ the routes hereby authorized within the limits of the city of Washington 
the same shall be placed under gri'ouud. 

The PRESIDING OFFICER. The question is on agreeing to 
the amendment of the Senator from Alabama. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments wei-e concurred in. 

The amendments were ordered to be engrossed, and the bill to 
bo read a third time. 

The bill was read the third time, and passed. 

Mr. McMillan. I move that the Senate request a confer- 
ence with the House of Representatives upon the bill and amend- 
ments. 

The motion was agreed to. 

By unanimous consent, the President pro tempore was author- 
ized to appoint the conferees on the part of the Senate, and Mr. 
McMiLL.^N, Mr. Harris, and Mr. Perkins were appointed. 

exclusion of CHINESE. 

Mr. DOLPH. I move to take up for present consideration the 
bill (H. R. 0185) to absolutely prohibit the coming of Chinese 
persons into the United States. 

Mr. BATE. Why can we not go on with the Calendar regu- 
larly? 

The PRESIDING OFFICER. The Senator from Oregon 
moves that the Senate proceed to the consideration of the bill 
indicated by him. 

I\Ir. BATE. Why can we not go on \vitli the Calendar regu- 
larly? 

Mr. DOLPH. As I explained when the bill was reported, in 
my judgment it is of the utmost importance that it shall receive 
early action, and if tlie bill is taken up I am going to give my 
reasons in sujiport of mj' proposition. 

Mr. BATE. I have no doubt it will get us into a general de- 
bate on the bill. 

The PRESIDING OFFICER. The question is on agreeing to 
the motion of tlie Senator from Oregon to take up the bill, and 
the motion is not debatable. 

The motion was agreed to; and the Senate, as in Committee of 
the Whole, proceeded to consider the bill. 

The bill was reported from the Committee on Foreign Rela- 
tions with an amendment to strike out all after the enacting 
clause and insert: 

That all laws now in force i>rohlbiliug and regtilatiug the coming into llija 



M16 



CONGRESSIONAL RECORD— SENATE. 



April 21, 



country ot Chinese persons and persons of Chinese descent are hereby con- 
tinued 'in torce for a period ot ten years from the passage of this act. 

Sec. 2. That any Chinese person or person ot Chinese descent, when con- 
victed and adjudged under any of said laws to be not lawfully entitled to be 
or remain in the United States, shall be removed from the United States to 
China, tmless he or they shall make it appear to the Jtistice, judge, or com- 
niissiouer before whom he or they are tried that he or they are subjects or 
citizens of some other country, in wlilch case he c)r they shall be removed 
from the United States to such country: Provided, That in any case where 
such other country of which sttch Chinese person shall claim to be a citizen 
or subject shall demand any tax as a condition ot the removal ot such person 
to that country, he or she shall be removed to China. 

SEC. 3. That any Chinese person or person of Chinese descent arrested 
under the provisions of this act shall be adjudged to be tiulawfuUy within 
the United States unless such person shall establish, by afflrmative proof, to 
the satisfaction of such Jtistice, Judge, or commissioner, his lawful right to 
remain in the United States. 

Sec. 4. That any such Chir.ese person or person of Chinese descent, once 
convicted and adjudged to be not lawftiUy entitled to be or remain in the 
United States, and having been once removed from the United States in 
pursuance of such conviction, who shall be subsequently convicted for alike 
offense, shall be imprisoned at hard labor for a period of not exceeding six 
months, and thereafter removed from the United States, as hereinbefore 
provided. 

Mr. CHANDLER. I move to amend the text of the original 
House bill. In section 1. line 3, after the fir.st word " tha"t," I 
move to insert " for fifteen years; " so as to read: 

That for fifteen years from and after the passage ot this act It shall be tin- 
lawful for any Chinese person or persons, etc. 

The PRESIDING OFFICER. The question is on agreeing to 
the amendment of the Senator from New Hampshire [Mr. Chan- 
dler]. 

Mr. DOLPH. Mr. Presid'-mt, at the time I reported this bill 
I suggested that there was a necessity for speedy action on the 
part of the Senate, from the fact that the other House had not 
considered the Senate bill, but had sent to the Senate another 
bill, a House bill, so that neither bill could become a law without 
passing one branch of Congress. 1 stated that in my judgment 
there was no more reason why the Senate should act upon the 
House bill than why the House should act upon the Senate bill. 
and that if the House had amended the Senate bill by striking 
out all after the enacting clause and inserting the House bill, 
the matter would have gone into conference and some agreement 
could probably have been arrived at by which some legislation 
could have been had extending the existing laws for the exclu- 
sion of Chinese. 

I stated that in my judgment on the Gth day of May next the 
present law for excluding Chinese would expire. There seemed 
to be some question in the minds of some Senators as to whether 
I was correct or not, and I learn from the RECORD that the chair- 
man of the Committee on Foreign Relations yesterday stated 
that he had given further examination to the subject and that 
he wa^ clearly of the opinion that the existing laws will not ex- 
pire until the 5th of .July, 1894; that is, ten years from the pas- 
sage ot Ihe amendatory act of 1884. I am sorry to be compelled 
to disagree in toto and emphatically with the position taken by 
the chairman of the Committee on Foreign Relations and with 
any other Senator or lawyer who asserts that such is the proper 
construction of the act of 1884. 

I had not when I reported the bill examined the authorities 
on the subject, but my own goodjudgment taught me that it must 
be that I was right. Since coming into the Senate Chamber this 
afternoon I have looked at some authorities, and I think I lind 
authority to fully bear me out in my proposition. The first sec- 
tion of the act of May (3, 1882, is as follows: 

Jie it enacted by the Senate and I/oii.^e of Hepresetitativen of the United States 
OfAmericain, Congress assembled. That frbtn and aft.er the expiration of ninety 
days next aftr.r the passage of this .act, and until the expiration of ten years 
next after tlio passage ot this act- 
To this language I call the attention of ray colleague, because 
I think he has fallen into an error by not closely examining this 
provision of the section. I repeat — 
And until the expiration of ten years next after the passage of this act- 
Not after the expiration of the ninety days — 

And until the expiration of ten ye.ars next after the passage of this act, 
the coming of Chinese laborers to the United States be, and the same is here- 
by, susj^ended: and during such suspension it shall not be lawful for any 
Chinese laborer to come, or, having so come, after the expiration ot said 
ninety days, to remain within the United States. 

In 1884 we found it necessary to amend the law so as to provide 
that no Chinese laborers should come from any foreig'n port or 
place. The question having arisen whether they must not come 
from China under the original act and whether we coidd exclude 
when they came from an English or other foreign port. Congress 
amended the law. It amended the first section, and that is all 
that is necessary to consider in examining this proposition. It is 
all that thi-ows any light upon the subject whatever. Instead of 
amending it by saying that there should be stricken out of it cer- 
tain words or that there should be inserted in it certain words, it 
amended it by saying it should be amended "so as to read as fol- 
lows:'' In interpreting an amendment toa statute it is important 
to observe the manner in which it is amended. Suppose we had 



merely provided that there should be inserted in the act the 
woi-ds which were inserted by this amendment of the act, " from 
any foreign port or place," would anyone contend that we had 
at all changed the time during which Chinese laborers were pro- 
hibited from coming into the United States by the original sec- 
tiony We would not have touched the question. But instead of 
amending it in that way we amended it by saying — 

That section I of the act entitled "An act to execute certain treaty stipula- 
tions relating to the Chinese," approved May 0, 188:;, is hereby amended so as 
to read as follows: 

Section ] of the act of 1884 provides — 

That from and after the passage of this act, and until the expiration of ten 
years next after the passage of this act, the coming of Chinese laborers to the 
United States Be, and the same is hereby suspended, and during such suspen- 
sion it shall not be lawful for any Chinese laborer to come from any foreign 
port or place, or having so come to remain within the United States. 

All that Congress was seeking to do was to provide that Chi- 
nese laborers should not come from any foreign port or place. 
They were not attempting to deal with the question of time dur- 
ing which they should be precluded from coming. They did 
omit the provision that they should not come aftei^the expirar 
tion of ninety days, and why? Because that provision had ex- 
pended its force; the ninety days had run. The prohibition 
against the coming of Chinese laborers did not take effect until 
after the expiration of ninety days from the time the original 
act had been passed, and therefore there was no necessity to re- 
peat those woids; they were no longer in force; they had per- 
formed the office it was intended they should perform. 

Mr. MITCHELL. May I ask my colleague a question? 

Mr. DOLPH. Certainly. 

Mr. MITCHELL. Would not the construction of the amend- 
atory act placed upon it by my coUeagtie have the effect to shorten 
the period of suspension ninety days? 

Mr. DOLPH. There is just where my colleague is mistaken, 
and that is what I am trying to explain to him. The original 
act did not provide that the Chinese should be prohibited from 
coming into the United States for ten years after the expiration 
of ninety days. There is where my colleague is in error. Tha 
original act provided that after the expiration of ninety days 
they shotild b3 precluded from coming for ten years from the pas- 
sage of the act. 

Mr. MITCHELL. The original act says in so many words: 

That from and after the expiration ot ninety days next after the passage 
of this act, and until the expiration of ten years next after the passage of 
this act, the coming of Chinese laborers to the United .States be, and the 
same is hereby, suspended, and during such suspension it shall not be lawful 
for any Chinese laborer to come, or having so come after the expiration of 
said ninety days, to remain within the United States. 

Mr. DOLPH. I agree to that. My colleague has not changed 
my statement in regard to the matter at all. They could freely 
come for ninety days after the passage of the act. I suppose 
that was intended to enable those who were on shipboard on 
their way to the United Stat-js to come in, and then from that 
time until ten years from the pa:?sago of the act they were pre- 
cluded from coming — not ten years from the expiration of ninety 
days, but ten years froiu tlie passage of the act. Thej- were pre- 
cluded only nine years and nine months by the original act from 
coming to the United States. So if the act of 1884 is read aa 
part of the act of 1882 it does not change the tiine a particle, be- 
cause it is said they are precluded from coming for ten years 
from the date of the passage of the act. 

There is where my colleague has fallen into an error, in suppos- 
ing that if the first section of the act of 1884 was inserted in the 
act of 1882 and read as part of it, it would shorten the time for 
which the Chinese were precluded from coming to the United 
States. That is not true. So, I say, that Congress was not deal- 
ing with the question of time. It only sought to amend the act by 
providing that Chinese should not come from any foreign port or 
place, and it did not change the time in which Chinese were pro- 
hibited from coming into the United States one moment, either 
to extend it or to shorten it, under that view of the case. 

I had an impression — and I had not looked at the authorities 
when I made that report— my own judgment taught me that 
where you amend a section of a previous act ' ' to read as follows," 
the section must be read just as if it were cut out and pasted 
in the original act in place of the section amended. I think I 
have found some authorities, hastily looking for them this morn- 
ing since I came into the Senate Chamber, because I was absent 
when the Senator from Ohio made the statement yesterday, that 
bear me out. I read from the case of the People vs. Sweetser, in 
the 1st Dakota Reports, from the syllabus first: 

An amendment becomes a part of the original act, whether it be the change 
of a word, flgure, or line, or the striking out of an entire section, or striking 
out and Instetiug. or in any other way modifying or altering its provisions. 

When an amendatory act sets forth the entire sections amended, they are 
to be construed as introduced into the place of the repealed sections, and in 
view of the provisions of the original act after such introduction. 

I now read from the opinion in the case: 

As the pro\nsions of section 4, act of 187'J-'73. applied to sections 1 and > 



1892. 



CONGRESSIONAL EECOED— SENATE. 



3513 



diers' home for disabled and needy soldiers and sailors; which 
were referred to the Committee on Territories. 

Mr. PROCTOR presented the memorial of Daniel Wilco.x and 
other members of theSeventhDay AdventistChurchatJamaica, 
Windham County, Vt., remonstrating against Congress commit- 
ting the Government to a union of religion and the state by 
the passage of any legislation to close the World's Columbian 
Exposition on Sunday; which was referred to the Committzje 
on the Quadro-Centennial (Select). 

He also presented the petition of Clarke W. Harrington, of 
Hampton, Va., praying that he be appointed custodian of the 
Yorktown Monument, in Virginia; which was referred to the 
Committee on Appropriations. 

Mr. PLATT presented a memorial of Colchester Grange, Pat- 
rons of Husbandx-y, of Connecticut, remonstrating against the 
passage of legislation allowing gambling in farm products; which 
was referred to the Committee on the Judiciary. 

He also presented a memorial of citizens of Washingtonville, 
Pa.; a memorial of citizens of Lehigh County, Pa.; a memorial 
of citizens of Luzerne County. Pa.; a memorial of citizens of 
Sandusky, Ohio; and a memorial of citizens of Chester County, 
Pa., remonstrating against the passage of the Faulkner, Caine, 
and Teller bills to provide home rule for Utah; which were re- 
ferred to the Committee on Territories. 

Mr. FRYE presented the petition of Rev. C. M. Emery and 42 
other citizens of Norridgewcck and South Norridgewock, iMe.. 
praying for the passage of an amendment to the Constitution of 
the United States prohibiting any legislation by the States re- 
specting an establishment of religion, or making an appropria- 
tion of money for any sectarian purpose; which was referred to 
the Committiee on the Judiciary. 

He also presented a petition of 29 members of Vincent Mount- 
fort Post, No. 22, Grand Army of the Republic, Department of 
Maine, praying for the passage of legislation providing for the 
marking of battle lines atGettysburg. Pa.; which was referred to 
the Committee on Military Aftairs. 

Mr. DANIEL presented the memorial of W. W. Hubbell, of 
Appomatto.x County, Va., remonstrating against the passage of 
any legislation jiermitting the free importation of wool; which 
was referred to the Committee on Finance. 

Mr. STOCKBRIDGE presented a p^Hition of the Woman's 
Christian Tempex-ance Union of Ypsilanti, Mich., praying that 
the Chinese exclusion act be not made to apply to those who 
come with wives and families to make permanent homes in this 
country; which was referred to the Committee on Foreign Rela- 
tions. 

He also presented the memorial of W. H. Falconer and 2.") 
other members of the Jefferson Seventh-Day Advent Church of 
Pittsford, Mich.; the memorial of John T. Terrell and 2.'J oth^i' 
members of the Seventh-Day Advent Church of Byron Center, 
Mich., and a memorial of sundry citizens of Michigan, remon- 
strating against the passage of any legislation by Congress com- 
mitting the Government to a union of church and state; which 
were referred to the Committee on the Quadro-Centennial (Select. 

He also presented the following petitions of Bath Grange, 
Patrons of Husbandry, of Michigan: 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petitions praying for the passageof House bill.39.5, defining lard 
and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts—referred to theCommitt«e on Post-Offices and Post- Roads. 

Petitions praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts— referred 
to the Committee on Finance. 

Mr. CULLOM presented a petition of sundry citizens of Rock- 
ford, 111., praying for the adoption of an amendment to the Con- 
stitution of the United States, prohibiting any legislation by the 
States respecting an establishment of religion or making an ap- 
propriation of money for any sectarian purpose; which was re- 
ferred to the Committee on the Judiciary. 

REPORTS OF COMMITTEES. 

Mr. MCMILLAN, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (S. 2174) to incorporate 
the Cross-Town Railroad of the District of Columbia, submitted* 
an adverse report thereon ; which was agreed to, and the bill was 
postponed indefinitely. 

He also, from the same committee, to whom was referred the 
bill (S. 2805) to establish a botanic hospital and home and a 
free school in the District of Columbia, submitted an adverse v(^ 
port thereon; which was agreed to, and the bill was postponed 
indefinitely. 

He also, from the same committee, to whom was referred the 



JL 



bill (S. 28i32) to change the name of the Capitol, North O Stj^ 
and South Washington Railway Company, and for other par 
jioses, reported it with amendments, and submitted a report 
thereon. 

He also, from the same committee, to whom was referred the 
bill (S. lytio) to reimburse James M. Trotter, late recorder of 
deeds of the District ot Columbia, for amount expended for reeord- 
books of the office of i-ecorder of deeds in said District, asked to 
be discharged from its further consideration, and that it be re- 
ferred to ths Committee on Claims; which was agreed to. 

Mr. STEWART. I am directed by the Committee on Appro- 
priations, to whom wa, referred the bill (H. R. G'J23) making ap- 
propriations for the support of the Army for the fiscal year end- 
ing June 30, 1893, and for other purposss, to report it with 
amendments. I give notice that I shall call the bill up on Mon- 
day next. 

the PRESIDENT pro tempore. The bill will b3 placed on the 
Calendar. 

Mr. PROCTOR, from the Committee on Military Affairs, to 
whom was referred the resolution of the common council of Sault 
St. Marie, Mich., in favor of an appropriation for the comple- 
tion of the new post at Fort Brady, asked to be discharged /rom 
its further consideration, and that it be i-eferred to the Commit- 
tee on Ajjpropriations: winch was agreed to. 

He alsj, from the Committee on Military Alfairs, to whom was 
referred the memorial of the Legislature of Oregon, concerning 
the reestablishment of Fort Klamath as a military post, asked 
to b3 discharged from its further consideration; which was agreed 
to. 

Mr. PADDOCK, from the Committee on Agriculture and 
Forestry. rejMrted an am.-ndment intended to be proposed to the 
agricultural approjjriation bill; which was referred to the Com- 
mittee on A])propriations, and ordered to bo printed. 

Hd also, from the Committee on Agriculture and Forestry, to 
whom was referred an amendment submitted by himself in- 
tended to be proposed to the agricultural appropriation bill, re- 
1 orted it favorably, and moved its reference to the Committee 
on Appropriations and that it be printed; which was agreed to. 
APPEALS IN CAPITAL CASES. 

Mr. HOAR. I am directod by the Committee on the Judi- 
ciai-y, to whom was referred the bill (S. 2171) to amend section 
7i)ii of the Revised Statutes of the United States, to report itfavor- 
ably, with an amendment. I call the attention of the Senator 
fiom New .Jersey [Mr. McPiierson] to the report. 

Mr. Mcpherson. I ask the chairman of the Committee on 
the Judiciary if he will object to my requesting the unanimous 
consent of the Senate for the immediate consideration of the bill ? 

Mr. HOAR and Mr. HARRIS. L-t the bill be read for in- 
formation. 

The Chief Clerk read the bill, as follows: 

He it enacted, tie.. That .section 76i5 of the Revised Statutes be amended by 
adding thereto, at the end ot said «ectiou, the loUowiug words: "Prodded, 
That said app?al shall not stay execution in capital cases unless accompa- 
nied by an order from the jiidpe from whose decision such appeal is taken, 
restraining the sheriff or other olllcer Irom executing the sentence of the 
trial court " 

The PRESIDENT pro tempore. Is there objection to the pres- 
ent consideration of the bill? 

Mr. DOLPH. I should like to know what the section is that 
U proposed to hi amended and what the bill is before I consent 
to its being considered at present. 

Mr. HOAR. I will make an explanation, Lf it please the Senate. 
Let the amendment b3 read. 

The PRESIDENT pro fempore. The amendment of the com- 
mittee will ba stated. 

The Chief Clerk. Add to the bill: 

Or unless such order be obtained from some justice of the Supreme Court 
of the United States. 

^ Mr. HOAR. The section of the Revised Statutes of the United 
States referred to avithorizes an appeal to the circuit court of 
the United States, among other things, where any person con- 
victed in a State court claims to have acted under the authority 
of any statute of the United States, or under any authority de- 
rived from the law of the United States, or that he is restrained 
of his liberty in violation of the Constitution or any law or treaty 
of the United States, or where he justifies his act by setting up 
an authority from any foreign power, the latter being intended 
to cover the old McLeo J case, which my friend from Oregon [Mr. 
^riiiT iPPJiJjjiBjflf 1 as thoroughly as anybody, who was formerly a 
citizen of tbe State of New York, wlierc it arose. 

The provision of the Revised Statutes further is that where 
an application is matle to a circuit conrtof the United States for 
a habeas corpus, and an appeal is taken.no action of the State 
""'linawflrtf^r'" be of any validity thereafter until the appeal 
IS decided. That provision was originally applied only to acase 
where the prisoner set up the action of a foreign government in 
justification, but by a subsequent statute that provision is ex- 
tended to all cases, the result of wliich isthatapersonsentenced 



3514 



CONGRESSIONAL RECORD— SENATE. 



Apeil 22, 



oaj)itally in a State court may apply to a circuit court of tlie 
United States and set up that ho was acting- under some author- 
ity of the United States in the matter for wliich lie is convicted, 
or that lie is restrained of his liberty in violation of the Consti- 
tution or any law or treaty of the United States, and if the habeas 
corpus be denied by the circuit court he can iippeal to the Su- 
preme Court of the United States, and in such oases all proceed- 
ings in the State must be suspended. When the case reaches 
the Supreme Court of the United States, and is just ready for 
decision he can withdraw his appeal, or his claim can be over- 
ruled by the Supreme Court of the United States, he takes an- 
other application to a circuit court and another appeal, and so 
on forever. 

Judge Sawyer, a very eminent and hjarned judge, lately de- 
ceased, held — and the circuit court in New Jersey deems itself 
bound by the precedent establislied liy Judge Sawyer — that the 
overruling of one apiseal or the withdrawal of one does not pre- 
vent a new application and a new appeal founded on precisely the 
same cause. Although Judge Green, of the New Jersey circuit, 
does not think that is a sound view, he feels constrained to fol- 
low it. So no person can bo executed capitally in this country. 
There is a man in New Jersey who has bjen sentenced by the 
court of that State to lie executed for an atrocious murder of his 
own wife. He pleaded guilty, and the court under the law of 
Now Jersey declared the murder to bo murder in the first degree, 
and he was sentenced to be executed. He comes into the circuit 
court and claims that that is in violation of the Constitution of 
the United States, which provides a jury trial in all capital cases, 
although it has been again and again declared by the Sujireme 
Court of the United States that that provision of the Constitu- 
tion does not apply to State courts, but only to courts of the United 
States, which is as well i-ottled a doctrine of law as any in the re- 
jjorts. Still Judge Green, denying his application for a habeas 
corpus, feels constrained to grant his appeal, and, one having boon 
gi-anted and withdrawn by the petitioner, he comes and asks anew 
and gets another one, so that the State authority is absolutely 
defied. 

The bill proposes to remedy that by providing that the pro- 
ceedings in the State where an appeal is taken shall not be de- 
layed unless one of two things happens: either the judge who 
denies the application for a habeas corpus and grants the apjieal 
shall make an order directing the State authority to proceed no 
further, or, in order that that may not rest exclusively on the dis- 
cretion of the judge whose judgment is apjiealod from, that such 
order shall be obtained from any justice of the Supreme Court 
of the United States. This appeal has existed only since 1885 in 
the suspension of this class of cases, and we think we have care- 
fully guarded it. 

The PRESIDENT pro tmipovc. Is there objection to the pres- 
ent consideration of the billV 

Mr. HALE. I shall not object if it takes no time. 

Mr. HOAR. It is over now. 

Mr. PALMER. I should like 

_ The PRESIDENT pro tempore. Does the Senatoi- from Illinois 
I'ise to object to the consideration of the bill? 

M. PALMER. I merely want to ask a question. 

Mr. HALE. I object, it it gives rise to debate. 

Mr. HOAR. I think all the time has been taken that will be 
required. 

Mr. PALMER. I merely want to ask if the bill would still 
permit a))plications to be made to any justice of the Supreme 
Court. 

Mr. HOAR. Certainly, the application may be made to an^- 
justice of the Supreme Court. 

By unanimous con.sent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The PRESIDENT pro /onporc. The question is on agreeing 
to the amendment of the Committee on the Judiciary to add to 
the bill: 

Or unless such order be obtaiued from some j ustice of the Supreme Court 
of the LTnited Slates. 

The amendment was agreed to. 

The bill was reported to the Senat e as amended, and the amend- 
ment was concurred in. 

The bill was ordei-ed to be engrossed for a third I'oading, and 
was read the third time. 

Mr. HOAR. There is a brief letter from the attorney-general 
of New Jersey to tlie Senator from New Jersey, which 1 ask may 
be printed in the Record as part of my remarks. 

The PRESIDENT pro Urapore. It will be so ordered, if there 
be no objection. 

The letter is as follows: 

State ov New Jersey, Office of ATTOHNEY-GENEn.\L, 

Trenton, February 10, tSOl. 
My Dear Senator: I desiro through you to call the attention of the Ju- 
diciary Committee of the Senate to the Importance of an immediate amend- 
ment of Revised Statutes 764, as amended by the act of March 3, 1885. 
Judge Sawyer, In re Sun Hung and another, ?A Federal Reporter, page 



7:J3, thus spealjs of the section as it stands : ' ' Upon examination I have come 
to the conolu.'iion that I h.ive no discretion In the matter, and that the right 
of appeal is absolute. I think the act must have passed without due consid- 
eration, without appreciating the effect or the consequences of an unlimited 
right of appeal." Olhei- circuit courts have taken the same view of the act, 
and the courts of the United States are being used in eases where they have 
no jurisdiction to stay the execution of the criminal laws bv the State courts. 
There have been several cases, but perhaps the most striking is the case of 
Hallinger, which was betorejudge Green, .ludge of the distriitcourt of New 
Jersey. The case was this: About a year ago Hallinger pleaded guUtv in the 
court of oyer and terminer of the county of Hudson to au indictment set- 
ting forth the facts constituting atroclotLS murder of his own wife. 

Under the Now Jersey statute and in accordance with the settled practice 
ot the State the .judge il,xed the degi'ee of murder which the law applied to 
the facts as murder in the first degree. He was accordingly sentenced to be 
liung. A few days before the time of execution application was made to 
Judge Green for a writ of habeas corpus under the act ot 1867, extending 
the power of the United .Stales judiciary "lo all cases where any person 
may be restrained of liberty in violation o( the Constitution or any trealy 
or law of the United States '' (see section 753, chapter 30. title habeas corpus. 
Revised Statutes 1878). The petition alleged that Hallinger was deprived ot 
his liberty contrary to the Constitution of the United .States and the consti- 
tution ot the State of New Jersey, because lie had not had a trial by jury. Judge 
Greenrefu-sed togr.aut the writ, ,\ud petitioner took an appeal; the judge al- 
lowed the appeal tmder the statute. The petitioner did not prosecute t he ap- 
peal, but suffered it to be dismissed by the Supreme Court of the United States. 
In accordance with the practice in New Jersey another day was fixed by the 
judge for the execution, which was the 10th of February. On the 6th an ap- 
plication was made to Judge Green again for another writ of habeas corpus: 
the petition containing the full record ot the court and alleging, as before, 
that the detention was in violation of the constitution of the State and of 
the United States because the culprit had not had a trial by jury. The at- 
torney-general of the State was notihed after the judge had refused the writ, 
but before the appeal papers had been indorsed. He objected to the appeal 
being granted on the ground that the judge himself had decided that he had 
no jurisdiction in the matter, and therefore no appeal would lie; that in Ju- 
giro's case (HO U, S., page 291) the court held that the statute made the ap- 
peal a stay from !ill proceedings in the State court "until final judgment;" 
that the former appeal should be considered as an estoppel from a new appli- 
cation for release from the same imprisonment. 

Judge Green agreed entirely with the attorney-general, but felt himself 
bound by the decision ot Judge Sawyer and the words of the act to grant 
the appeal, although on the face of the petition itself it appeared that it 
simply was an effort to examine into error from a writ of habeas corpus di- 
rectly from a court of oyer and terminer of the State lo the Supreme Court 
of the United .Stales. This construction of the statute is contrary to the 
ruling ot the .Supreme Court ot the United States In re Lange and Ex parte 
Parks, where it is held that it a court has jurisdiction and a writ ot error 
lies, that error will not be examined under a ^vTit of liabeas corpus. It will 
be also observed that it is settled law that the fifth amendment to the Con- 
stitution of the United States does not guarantee the right ot trial by jtury 
in the State courts, and the allegation is therefore simply that the State law 
is not in accordance with the State constitution, and this is the only tiues- 
tiou presented to the United States judge, and for which reason he ot course 
promptly refused the writ. 

My own judgment is that Hallinger could have been hung to-day without 
any risk whatever. Judge Green refused to make any declaration on the 
stibject, and directed the sheriff to take the adrice ot the attorney-general, 
in view of the fact that Judge Green granted the appeal against his will, be- 
cause he felt bound by the decision ot Jtidge Sawyer, and that Judge Sawyer, 
in making the decision, had pointed out the evil which would flow from his 
construction, and the fact tliat Judge Harlan held in Jugiro's case that the 
appeal was an absolute stay, I advised the sheriff to disobey the sentence of 
otu- own com't. 

Under these circumstances Judge Green has suggested that the power of 
appeal should be discretionary in the court or judge refusing the writ. As 
this Is also the opinion ot Judge Saw.yer, it would seem to be proper that such 
an amendment should be immediately made to relieve the State authorities 
from the dilemma in which they are placed ; or it Is suggested that the same 
end would be reached by declaring that no appeal should be a stay, but giv- 
ing discretion to a judge of the supremo com't or the presiding judge of the 
circuit court of appeals to grant a stay in his discretion. 

You will see the Importance of immediate actiou in this matter, and I will 
thank you to present it to the proper committee, and if I can be of any serv- 
ice in further exiJlauation I will be glad to attend on betag notified. 
I am, very truly, yours, 

JOHN P. STOCKTON. 

The PRESIDENT pro tempore. The question is, Shall the bill 
pass? 

The bill was passed. 

LANDS AT DETROIT. 

Jlr. WILSON. By direction ot the Committee on the Judi- 
ciary I report back favorably without amendment the joint reso- 
lution (H. Res. 10) forthe release of allclaim of the United States 
to lot 18, section 2, governor and judges' plan, Detroit. Inas- 
much as it is a matter of some importance in connection with 
quieting title, I ask that the joint resolution may be considered 
at the present time. It will give rise to no debate. 

The PRESIDENT pro tempore. Is there objection to the pi-cs- 
ent consideration of the joint resolution? 

Mr. HALE. If it gives rise to no debate I shall not object. 

Mr. WILSON. I do not think it will incur any debate. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the joint resolution. 

Mr. WILSON. In explanation of the joint resolution. I will 
state that it was submitted to the Secretai'y of the Interior for 
any suggestions or information that he might desire to commu- 
nicate to the committee, and he referred the matter to the Com- 
missionerjof the General Land Office, v.-ho has reported fully upon 
it, and from which report I will read two brief jjaragraphs. Re- 
feri'ing to the report of the House Judiciary Committee, he .says; 
It appears from said House Judiciary report that the western part of the 
lot in question "passed bv due conveyance into the possession ot Gen. Lewis 
Cass," and further, that "a search through the Departments here fails to 
show a title in Gen. Cass to the eastern portion of the said lot. " I am there- 
fore of the opinion that the Government has never in any manner parted 
with title to the eastern portion of said lot 18, except as provided by the 



1892. 



CONGRESSIONAL EECOED— SENATE. 



3515 



abore-citod act of August 29, 1812, In accordance with which tee-simple title 
to all public land In the original si to of Detroit passed to the mayor, recorder, 
and aldermen of said city. 

Said last-named officials were reciuired to make report of their proceed- 
ings to Consji-css ou or before January 1, 1844. Presumlnp: that they did so 
TTlthout baying conveyed to anyone the portion of the lot in question, and in 
view of IVIr. Glover's long and tindispnted possession of the same. I respect- 
fully recommend the removal of all cloud to his title thereto by the passage 
of the resolution. 

The joint rosolution waa iviioi'ted to the Senate without ameud- 
ment, ordered to a third reading, read the third time, and passed. 
DISTRICT BUILDING PERMITS. 

Mr. WOLCOTT. I am directed by the Committee on the Dis- 
trict of Columbia, to whom was referred the joint resolution (H. 
Kes. 118) to suspend the issue of i^ormits to erect dwelling houses 
in alleys in the District of Columbia, to report it favorably with 
amendments, and I ask unanimous consent for its immediate con- 
sideration. The matter is one of great importance. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the joint resolution. 

Mr. COCKRELL. What is the object of the joint resolution? 

I\Ir. WOLCOTT. Let the amendments be read. 

The PRESIDENT pro tempore. The amendments of the com- 
mittee are now in order, and will be stated. 

Mr. KENNA. Let the joint resolution be read as proposed to 
be amended. 

The PRESIDENT pro tempore. The first amendment will be 
stated. 

The Chief Clerk. In line 6, strike out the words "until 
further provided for by," and insert in lieu thereof "less than 
40 feet in width, during the first session of the Fifty-second;" so 
as to read: 

That the Commissioners of the District ol Coltimbla are hereby instructed 
not to issue anv more permits for buildings Intended for human habitation 
In alleys in the Districtof Columbia less than 40 feet In width dttring the first 
session of tlie Fifty -second Congress. 

Mr. WOLCOTT. There is another amendment. 

The PRE.SIDENT pro tempore. The question is ou agreeing 
to the first amendment proposed by the committee. 

Mr. KENNA. Let the joint resolution bo read aa it would 
stand if amended. 

The PRESIDENT pro tempore. That may be done for the in- 
formation of the Senate. Tlie amendments, however, must Ije 
proceeded with in a ijarliamentary way. 

Mr. KENNA. For that purpose I ask that it be done. It is 
very short. 

The PRESIDENT pro tempore. The resolution will be read 
as it would read if amended. 

The Chief Clerk read the resolution as pi'oposed to be amended, 
as follows: 

The Commissioners of the District of Columbia are hereby instructed not to 
Issue any more permits for buildings intended for human habitation in alleys 
in the Districtof Columbia less than 40 feet in width during the first session 
of the Fifty-second Congress; and that all such permits heretofore granted 
on alleys less than the width aforesaid shall be revoked where construction 
Shall not already have been actually begun. 

The PRESIDENTpro (onjjore. The question is on agreeing 
to the first amendment rejiorted by the Committee on the Dis- 
trict of Columbia which has been read. 

The amendment was agreed to. 

The PRESIDENT pro tempore. The next amendment w-ill be 
Stated. 

The Chief Clerk. The committee report to add to the joint 
resolution: 

And that all such permits heretofore gi-anted on alleys less than the width 
aforesaid shall be revoked where construction shall not already have Ix^n 
actually begun. 

The amendment was agreed to. 

The joint resolution was reported to the Senate as amended, 
and the amendments were concurred in. 

The amendments were ordered to be engrossed, and the joint 
resolution to be read a third time. 

The joint resolution was read the third time, and passed. 

Mr. WOLCOTT. I move that the Senate request a confer- 
ence with the House of Representatives on the joint resolution 
and amendments. 

The motion was agreed to. 

By unanimous consent, the President 'pro tempore was author- 
ized to appoint the conferees on the part of the Senate, and I\Ir. 
WoLCOTT, Mr. McMillan, and Mr. Harris were appointed. 

BILLS INTRODUCED. 

ISIr. DAVIS introduced a bill (S. 2979) for the relief of Edward 
Porsey, late Company C, First United States Colored Troops; 
which was read twice by its title, and referred to the Committee 
on Pensions. 

Mr. PRYE introduced a bill (S. 2980) to correct the military 
record of Michael Collins; which was read twice by its title, and, 
■pritli the accompanying papers, referred to the Committee on 
Military Affairs. 

Mr. BUTLER introduced a bill (S. 2981) for the.relief of the 



Citadel Academy of Charleston, S. C; which was read twico by 
its title. 

Mr. BUTLER. I ask that the bill be referred to the Commit- 
tee on Military Affaii's; and I beg to call the attention of the 
committee to the affidavits of the superintendent of the Citadel 
Academy and two officers of that institution, and also a letter 
from the War Dcparlincnl in regard to thii destruction by fire 
of its ordnance stores by the CTOvernment, the object being to re- 
lievo that institution of any money liubilitv on that account. 

The PRESIDENT jno tempore. The bill and accompanying 
papers will be referred to the C^iramittee on Milivarv Affairs. " 

Mr. PROCTOR introduced a bill (S. 2982) to restore to the 
pension roll the name of ISIary F. Prindlc; which was road twice 
by its title, and. with the accomiianying papers, referred to the 
Committee on Pensions. 

Mr. DANIEL (by request) introduced a bill (S. 2983) to author- 
ize the construction of a railway across the Government reserva- 
tion at Willoughby Spit, Va.; which was read twice by its title, 
and referred to the Committee on Jlilitary Affairs. 

Mr. FRYE introduced a joint resolution (S. R. 75) authorizing 
the printing of 2,000 copies of the Twenty-third Annual List of 
Merchant \'essels of the United States, for the j-ear ending .Tunc 
;i0, 1891; which was read twice by its title. 

Mr. FRYE. I ask that the joint resolution bo referred to the 
Committee on Printing. I call the attention of the chairman 
of the Committee ou Printing to the fact that the edition of that 
book is very small. It is a list of names of vessels. 1 think the 
edition is only 2,(X)0, and the vessel-owners of Maine. I am in- 
formed, want to take up nearly the whole of the edition them- 
selves. 

The PRESIDENT pro tempore. The joint resolution will bo 
referred to the Committee on Printing. 

Mr. WILSON introduced a bill (S. 2984) defining "lard" and 
imposing a tax on manufactures of compound lard; which was 
read twice by its title, and referred to the Committee on Agri- 
culture and Forestry. 

amendments to BILLS. 

Mr. WALTHALL submitted an amendment intended to bo 
proposed by him to the river and harbor appropriation bill; 
which was referred to the Committee on Commerce, and or- 
dered to be jirinted. 

Mr. CULLOM submitted an amendment intended to bo pro- 
posed by him to the sundry civil appropriation bill; which was 
refeiTed to the Committee ou Public Buildings and Grounds, 
and ordered to be printed. 

naval observatory hearing. 

Mr. HALE submitted the following resolution; which was re- 
ferred to the Committee to Audit and Control the Contingent 
Expenses of the Senate: 

Jtesolved, That the stenographer employed to report the hearings before 
the Committee on Naval Affairs on Senate bill No. 1703, to prortde for a more 
perfect organization for the United States Naval Observatory, and for other 
purposes, be paid out of the coutlugeut fund of the Senate. 

WILLIAM AND MARY COLLEGE, OF VIRGINIA. 

Mr: HALE. I gave notice yesterday that I should call up the 
urgent deficiency apji; opriation bill on the close of the routine 
morning bufiiness this morning. I learn that the Senator from 
Massachusetts [Mr. Hoar] is desirous of leaving the city within 
a short time, and that he has abill which will involve no debate, 
and I will not at present interfere with him. If the l)ill takes 
up much time I must ask the Senate to go on with the appro- 
priation bill: but I will not interfere now. 

Mr. HOAR. I call up Senate bill25(i(), according to the agree- 
ment yesterday. 

The PRESIDENT jjro tempore. By the unanimous consent of 
the Senate, given yesterday, the Chair lavs bafore the Senate the 
bill (S. 2566) for the relief of William and Mary College of Vir- 
ginia. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the bill. It proposes to paj- to the College of William and 
Mary, in Virgyiia, $61,000 to reimbur.se that college for the de- 
strturUgflUJi^^buildinos and other property destroyed without 
ifirHTority by soldiers of the United States during the late war. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

Mr. HOAR subsequently said: I ask that the report, which is 
brief, in regard to the bill (S. 2566) for the relief of William and 
Marv College of Virginia may h^ printed in the RECORD. 

The PRESIDING OFFICER (Mr. Pl.-^tt in the chair). The 
Senator from Mas.sachusetts asks that the report of the Commit- 
tee on Claims on the bill referred to by him, which was passed 
this morning, be printed in the Record in connection with the 
action of the Senate upon the bill. If there be no objection that 
order will be made. The Chair hear^ none. 



3516 



CONGRESSIONAL RECORD— SENATE. 



April 22, 



The rciiort, submitted by Mr. White March 6, 1892, is as fol- 
lows: 

The Committee on Claims, to wliomwasretei'rea Senate bill 3566, submitted 
the toUowing report: 

A bill similar m its nature has been before Cougi-ess lor many years, has 
often been reported favorably in the House and in the Senate, and has passed 
the House and Senate at various times, but never reached consideration in 
both Houses of any one Congress. 

Your committee adopt now as their own the report made In the House of Rep- 
resentatives, lirst session. Forty-fourth Congi'ess, on behalf of the Committee 
on Education ami Labor, by the Hon. Geohge F. Hoab. That rejiort, as will 
be observed, apart from technical legal considerations, bases its conclusions 
upon broad and comprehensive lines of Justice and ptiblic policy. These 
llndiugs, being predicated on exceptional conditions, can give rise to no fear 
of engendering thereby a general rule to do harm If invoked in the future. 

The report is as follows: 

"On the 9th day of September, 1862, the principal building of the College of 
William and Mary was destroyed by lire. This college is in the town of Wil- 
liamsburg, 3,'i miles from Fort Monroe, on territory which remained under the 
control of the United States during nearly the whole of the war. Williams- 
burg is situate on the narrowest part of the peninsula, partly In the county 
of York and partly in that of James City. York County was in the hands of 
the Union troops from May, 1862, to the close of the war. It was never dur- 
ing that time treated as rebel territory; was expressly excepted from Presi- 
dent tjincoln's original proclamation of emancipation: it formed a part of 
the State of Virginia, which had lor a time its seat of government at Alex- 
andria under Governor Pierpont, was represented in Congress, and gave the 
necessary constitutional assent to the separation of West Virginia. The col- 
lege is a little over the line in James City, but was in the town of Williams- 
burg, and was held by the Union forces, as was York County, and was prac- 
tically Union territory as much as the rest of the tovra of which it formed a 
part. 

"Before the fire the United States took possession of the college buildings 
lor military uses. Its rooms contained hay and other stores and cayalry 
equipments. The day before the destruction of the building a court-martial 
was going i.^n in it, which was not over at the time of the destrtiction. On 
the morning of May 9, after a conflict between the Union forces and a body 
of rebel cavalry, the latter got possession of the place for a few hours. After 
their withdrawal, some rettiruing stragglers of the garrison, provoked by de- 
feat and under the infltience of drink, set fire to the building and prevented 
the residents of the neighborhood from extinguishing the flames till it was 
wholly consumed. 

"The sum :'^)proprIated by the accompanying bill is somewhat less than 
the actual valiie of the building, which was erected in 1859, and is without 
the addition of interest. 

" We are of the opinion that the United States should restore the building 
so destroyed, for several reasons which do not apply to any other claim what- 
ever which can hereafter be made for the injury or destrtiction of property 
during the rebellion. The Government had taken possession of tlie j>ropirty 
for its own purposes, excluding the owners and preventing them from taking 
any measures to secure its protection. This was on what was practically 
friendly and not hostile territory, and the case should be treated as if it had 
happened in Washington or Philadelphia. 

"There are other considerations which appeal most powerfully alike to 
rea.son and patriotic feeling in demanding this relief. 

"Every civilized nation has its hallowed spots, about which its patriotic 
memories cluster, and who.se names arise before the imagination whenrver 
these memories are stirred. Sometimes these spots are the scenes of famous 
battles, as Biraker Hill, or Saratoga, or Yorkto'ma; sometimes the places 
where the foundations of great States have been laid, as at Jamestown or 
Plymouth; sometimes where great civic events have occurred, as Independ- 
ence Hall or FanueilHall; sometimes the dwelling places or burial places of 
heroes or statesmen, as Mount Vernon or Westminister Abbey: sometimes 
the venerable institutions of learning which have educated and trained the 
great benefactors of the people, as Oxford and Cambridge, Harvard, Yale, 
Princeton, and William and Mary. Under our form of government these 
hallowed spots are in the custody of States. But they hold them as trustees 
for the whole people, and the gratitude and affection which surround and 
hallow them are.the gratitude and affection of the whole people. Unless this 
be true, the American people, alone among civilized nations, are without any 
common objects of national reverence. 

"The colleges of the period preceding the war of the Revolution were among 
the most potent forces in accomplishing otir independence and founding our 
Constittttion. Among them, none can claim precedence over Williatm and 
Mary. The names of Washington, to whose genius in war and to whose in- 
fluence in peace we owe the vindication of our liberties and the successful 
inauguration of our Constitution; Jefferson, author of tliQ-Declaration of 
Independence, who announced the great l.aw of equality anil human rights; 
M;ir,sli;t!l. withottt whose luminous and far-sighted exposition the Constitu- 
tion could hardly have been put into successful :ind harmonious operation, 
are inseparably connected with hers. She first called Washington into the 
public service in his youth, giving him her commission as deputy surveyor, 
the office of surveyor-general being then held by the corporation of the col- 
lege. He was for the last twelve years of his life chancellor of William and 
Mary. Jefferson and Marshall were her graduates. We doubt if any college 
in America or Europe can, in proportion to the whole number borne on its 
catalogue, show so large a list of names famous for conspicuous patriotic 
serxace or can extract from its history a passage like this, which Is taken 
from President Ewell's historical sketch of William and Mary: 

" ' Besides her long roll of most eminent divines, lawyers, and physicians 
in private life, she has given to the country two eminent Attorneys-General 
of the United States; to the House of Representatives of the Congress of the 
United .states, nearly twenty members, and to the Senate of the United 
States, fifteen Senators; to Virginia and other States, seventeen governors: 
to the country, one historian and numberless eminent ^vl■iters: to the State 
and the United States, thirty-seven judges: to the Revolution, twenty- 
seven of her sons; to the Arniy of the United States, a lieutenant-general 
and a score of principal and subordinate officers ; to the United States Na\-y . 
a list of paladins of the sea. headed by Warrington and Thomas Ap Gatesby 
Jones: to the colleges and university, twelve professors: to the nation, three 
Presidents— Jefferson, Monroe, and John Tyler: to independence, four sign- 
ers of its Declaration; to the first American Congress, its President: to the 
Federal judiciary, its most eminent Chief Justice, John Marshall; to the 
Federal Executive, seven Cabinet officers, and to the convention which 
Iranied the Constitution of the United States, Edmund Randolph, its chief 
author and draftsman. 

" ' In all she has given to her country more than two hundred heroes and 
sages who have been preeminently distinguished in public service and 
place.' 

"Your committee are of opinion that if the accidents of war had led to the 
injury of Mount Vernon, of the house or the tomb of Washington, or of In- 
dependence Hall in I'hiUulelphia, we should have hastened to repair the in- 
jury. We shall more truly honor Washington by restoring the living foun- 
tain of learning whose service was the pleasure of his last years than by 
any empty act of worship or respect toward his sepiilcher. 



" There is another view of this matter which Impresses some of the mem- - 
bers of your committee with very great force. It is unquestionable that, by 
the law of nations, institutions of learning are exempted by all civilized 
nations from the hostilities of war. 

" They are to bo classed. In this respect, with public libraries, monuments, 
collections of art or science, hospitals, etc. The Government of the United 
States, in its Instructions for the Government of Armies in the Field, origi- 
nally prepared by Dr. Lieber. revised by a board of officers, ol which Maj. 
Gen. Hitchcock was president, and approved by President Lincoln In 1803, 
binds itself by these rules: 

"Extract from General Order No. 100, Adjutaut^Gineral's Office, section 2, 
paragriiphs 31 to 36: 

" ' 34. As a general rule, the property belonging to churches, to hospitals, or 
other establishments of an exclusively charitable character, to establish- 
ments of education or loundations lor the promotion ol knowledge, whether 
public schools, universities, academies of learning, or observatories, mu- 
seums of the fiiie arts, or of a scientific character, such property is not to be 
considered public property in the sense of paragraph 31 ; but it may be taxed 
or used when the public service may require it. 

" '35. Classical works of art, libraries, scientific collections, or precious in- 
struments, such as astronomical telescopes, as well as hospitals, must be 
secured against all avoidable injur.y, even when they are contained in forti- 
fied places while besieged or bombarded. 

" '36. If such works of art, libraries, collections, or instruments belonging 
to a hostile nation or government can be removed vnthout injury, the ruler 
of the conquerin,g state or nation may order them to be seized and removed 
for the benefit of the said nation. Tlie ultimate ownership la to be settled 
by the enduring treaty ,of peace. In no case shall they be sold or given 
a\vay. if captured by the armies of the United States: nor shall they ever 
be privately appropriated or wantonly destroyed or injured.' 

"It is needless to multiply citations. Every authority on the law of na- 
tions who touches this subject, from Grotius to Halleclt, agrees that the de- 
struction of property of this class is a violation of this law. But it can not 
be maintained that the Government is liable for all injuries committed 
either by its authority or wantonly by its troops, without orders, upon prop- 
erty protected by this rule. But there are many examples in history which 
seem to place the case of endowed institutions of learning, established by 
funds given for public purposes, upon grounds of their own, and give them 
a peculiar title to reparation when so injured which is not possessed by the 
public school or even by the church. The funds or buildings of the public 
school are public funds belonging to the hostile sovereign and appropriated 
to the fulfillment ol a lunctiou which that sovereign undertakes to perlorm 
lor the citizen. The funds or buildings of the church, though consecrated to 
the highest objects, are the property of particular sects and are neither 
within the control nor for the use of mankind at large. But, in the language 
of an eminent judge, " the arts and sciences are admitted among all civilized 
nixtions as forming an exception to the severe rights of warfare, and as en- 
titled to favor and protection. They are considered, not as the peculium of 
this or that nation, but as the property of mankind at large, and as belong- 
ing to the common interest of the whole species.' (Case ol the Marquis de 
Somerueles, Stewart's Rep., Nova Scotia, page 482.) 

■ ■ The endowed corporation of the college can do nothing except hold and 
apply its fund to a cause which is lor the benefit of mankind at large. It can 
not commit an act of w^ar, and the hostile character can not properly be im- 
puted to it. While a violation of the law of nations in the conduct of the war 
lor the suppression of the rebellion can not constitute a claim upon the Gov- 
ernment of the United .States, using the term 'claim' in the sense of legal 
constraint, we believe this Government should, in dealing with an American 
college, imitate the frequent examples which history furnishes, where the 
most highly civilized nations and the most lamous commanders have re- 
spected their moral obligations by making voluntary reparation at their 
own expense of injuries ihfiicted on endowed colleges and kindred institu- 
tions by the operations of war. 

" During the battle of Princeton, the Americans, in dislodging the British 
from the college building, fired a caimon shot through the walls; Washing- 
ton, in order to make good to the college the damage sustained by the fire of 
his troops, made the trustees a present of .tO guineas. 

"During the war of Independence the buildings ol William and Mary were 
repeatedly occupied by British troops. They were in every instance respected 
as sacred to the cause of letters and left intact. After the close of the war. 
Louis XVI, the ally of America, caused the buildings accidentally destroyed 
by the fire of his troops to be replaced and every injury to be repaired. 

"Thus it .appears that a Virginian, the chancellor of the College of William 
and Mary, rendered to a Northern college the justice which is now asked for 
her. Thus it appears that a foreign monarch rendered, under lilce circum- 
stances, to William and Mary herself the justice which she now asks of her 
countrymen of the Republic. 

"The British troops uiid^r Tryon, when they occupied Yale College iu lTi9, 
spared Yale College, although its students in arras harassed their approach. 
But President Ciup's manuscripts were carried off. President Stiles ad- 
dressed a letter to General Tryon, in which he represented that ' a war against 
science had been reprobated tor ages by the wisest and most powerful gen- 
erals. The iiTeparable losses sustained by the Alexandrian library and other 
ancient monuments of literature have prompted the victorious commanders 
of modern ages to exempt these monuments from the ravages and desolations 
inseparable to the highest rigors of war.' General Tryon replied that, 'dis- 
posed by principle as well as inclination to prevent the violence of war from 
injuring the rights of the republics of learning, he very much approved ol 
the president's solicitude lor the recovery ol the manuscripts,' and caused 
every effort to be made lor their recovery and restoration. 

"In the war with Gre;xt Britain ol I8I2 a quantity ol paintings and prints, 
designed lor the Academy ol Arts at Philadelphia, were captured by the Brit- 
ish on their passage from Italy and taken into Halifax. Dr. Croke, the dis- 
tinguished judge of the admiralty court, without hesitation ordered them to 
be restored, s.aying, iu .addition to the passage already quoted, 'Heaven for- 
bid that such an application to the generosity of Great Britain should ever 
be ineffectual.' (Case of the Marquis de Somerueles, above cited.) 

"We believe that to follow the example of Washington, of Louis XVI, ol 
Jud ge Croke, ol Tryon, will make every college in America safer, if civil strife 
or foreign war should ever hereafter disturb our peace. Every new State, as 
it takes its place in the gi'eat lamily, makes haste to establish its university. 
Their pupils, scattered over the country, retain an attachment lor them and 
lor each other which Is one ol the strongest bonds of the Union. In her 
bloodiest and angriest civil strifes England has respected her great schools 
and colleges. The cause of William and Mary Is, in this respect, the cause 
of every college in the country. 

" The act of April 23, 1884. entitled 'An act to increase the endowment of the 
University of Alabama from the public lands iu said State.' and another act, 
lor the indemnity ol the theological institution in Alexandria, lurnish exact 
precedents lor our action in reporting the accompanying bill and recom- 
mending its passage by the House. 

"A bill like the present passed the House in the Forty-second Congress, 
but it was not reached iu the Senate lor want ol time. It was received with 
expressions of approbation by the press of all parties and by persons con- 
nected with the colleges throughout the country." 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3517 



URGENT DEFICIENCIES. 

Mr. HALE. I ask that the appropriation bill reported yes- 
terday, and printed, be laid before the Senate. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the bill (H. R. 7818) to provide for certain of the most 
urgent deficiencies in the appropriations for the service of tlie 
Government for the fiscal year ending June 30, 1892, and for 
other purposes; which had 'been reported from the Committee 
on Appropriations with amendments. 

Mr. HALE. I ask that the formal reading of the bill be dis- 
pensed with, and that the amendments of the Committee on Ap- 
propriations be acted on as they are reached in the reading. 

The PRESIDENT pio /emjjore. It will be so ordered in the 
absence of objection. 

The Chief Clerk proceeded to read the bill. 

The first amendment i-eported by the Committee on Appro- 
priations was, under the head of " State Department," on page 2, 
after line 3, to insert: 

Columbian Historical Exposition at Madrid; For the expense of represen- 
tation of the United States at the Columbian Historical Exposition to bo 
held in Madrid in 1893 in commemoration of the four hundredth anniversary of 
the discovery of .\merica, $25,000, or so much thereof as may be necessary, to 
be expended under the direction and in the discretion of the Secretary of 
State; and the President is hereby authorized to appoint a commissioner- 
general and two assistant commissioners, who may, in his discretion, be se- 
lected from the active or retired list of the Army or Na\-yt and shall serve 
without other compensation than that to which they are now entitled by law. 
to represent the United States at said exposition; that it shall be the duly of 
such commissioners to select from the archives of the United States, from 
the National Museum, and from the various Executive Departments of the 
Government such pictures, books, papers, documents, and other articles as 
may relate to the discovery and early settlement of America and the aborigi- 
nal inhabitants thereof ; and they shall be authorized to secure the loan of 
siinil.ar articles from other museums and private collections, and arrauge, 
classify, and install them as the exhibit of the United States at the said ex- 
position; that the President is authorized to cause the detail of officers from 
the active or retired list of the Ai'my and Navy, to serve w-ithout compensa- 
tion other th.au to which they are now entitled by law, as assistants to said 
commissioners; and the said commissioners shall be authorized to emjiloy 
such clerical and other assistance as may be necessary, subject to the ap- 
proval of the Secretary of State. 

The amendment was agreed to. 

The next amendment was, under the head of '' Treasury De- 
partment," on page 3, after line 24, to insert: 

Payment to State of Montana; To reimburse the State of Montana for 
moneys paid and expended in defraying so much of the expenses of the cou- 
Btltutional convention held therein in 1S89, pursuant to an act entitled "An 
act to pro\-ide for the division of Dakota into two States and to enable the 
people of North Dakota, South Dakota. Montana, and WashiuKton to form 
constitutions and State governments, and to be admitted into the Union on 
an equal footing mth the original States, and to make donations of public 
lands to such S^tates," approved February 32, 1889, as have not heretofore 
been paid by the United States, 87,231.09, or so much thereof as may be nec- 
essary. 

The amendment was agreed to. 

The next amendment was, on page 7, after line 2, to insert; 

Fish hatchery, NorthvlUe, Mich. ; The act approved August 30, 1890, en- 
titled, "An act making appropriations for sundry civil expenses of the Gov- 
ernment for the fiscal year ending June 30, 1891, and for other purposes," 
shall be construed as giving to the United .States Commissioner of Fish and 
Fisheries authority to expend the sum of S.'j.OOO therein appropriated for the 
erection of new buildings at North ville. Mich., for such constructions as may 
be necessary for the development of the work of the Fish Commission at that 
place, including the introduction of a water supply, the construction of ponds, 
and repairs to the present buildings. 

The amendment was agreed to. 

The next amendment was, under the head of " Department of 
the Interior," on page 8, to strike out the clause from line S to 
line 14, inclusive, as follows: 

Rentof buildings: That if the whole of the $16,000 already appropriated tor 
rents for the General Land Oflice shall not be exjieuded for that purpose, the 
Secretary of the Interior is hereby authorized to expend such part of the un- 
expended balance thereof as may be necessary to rent rooms for office or 
storage purposes for any of the bureaus or oftlces of the Interior Department. 

The amendment was agreed to. 

The next amendment was, on page 8, after line 14, to insert.: 

Eleventh Census; For salaries and necessar.v expenses for continuing the 
work of compiling the results of the Eleventh Census, $100,000, to be available 
until expended. 

The amendment was agreed to. 

The next amendment was, under the head of " Department of 
Justice," on page 8, line 22, before the word "roof," to strikeout 
"iron" and insert " metallic," so as to make the clause read: 

Forcovering alleyway adjoining Dep.artment of Justice building for use of 
the Court of Claims, including flooring, glass, and metallic roof, front and rear 
walls, or sash, steam heat, p:irty\vaU, painting, set of cases full length of the 
room, and cutting doorway, to be done under the supervision of the Architect 
of the Capitol, $4,000. 

The amendment was agreed to. 

The next amendment was, to strike out the clause from line 1 
to line 4, on page 9, as follows: 

Eleventh Census; For salaries and necessary exijcuses for contintiing the 
work of compiling the results of the Eleventh Census, $100,000, to be av;ula- 
ble until expended. 

The amendment was agreed to. 

The next amendment was, under the head of "Post-Office De- 
partment," to strike out the clause from line 8, on page 9, to line 
2, on page 10, inclusive, as follows: 
For editing and preparing for publication a new edition of the Postal Laws 



and Regulations the Postmaster-General be, and he is hereby, authorized to 
use any sum not exceeding $2,000 of the appropriation of iH0,3<i5, provided for 
the printing and publishing of said edition by "An act making appropriations 
to supply deficiencies in the appropriations for the fiscal year endini' June 
30, 1891, and for prior years, and for other puri)oses," approved March 3, 1891, 
which sum of $2,000, or so much thereof as may be necessary, he may direct 
to be paid to any ofllcers or employes of the Post-Offlce Department whom 
he may designate for that purpose, in consideration of their sciTiocs ren- 
dered out of the regular Deiiartment hours, in the editing and preparation 
of the same, and the said appropriation of $10,3(1.5 is hereby continued and 
made av;xilable until the completion of the printing and publishing of the 
edition of laws and regulations to which it applies. 

The amendment was agreed to. 

The next amendment was, under the head of " Senate and 
House of Representatives," on page 10, in line 8, after the word 
'• House," to strike out " three thousand " and insert " five thou- 
.■sand eight hundred;" so as to make the clause read: 

SENATE AND HOUSE OF KEPRESENTATIVES. 

For the expenses of the typhus fever and immigration investigation to bo 
made by the Senate Committee on Immigration and the House Select Com- 
mittee on Immigration and Naturalization tmder concurrent resolution of 
the .Senate and House. $.'5,800, or so much thereof as may be necessary; to be 
advanced or paid, in sums as needed by the Secretary of the Senate, on the 
joint orders of the chairmen of said committees. 

The amendment was agreed to. 

The next amendment was, on page 10, after line 11, to insert: 

SENATE. 

For stationery and newspapers, $500. 

For expenses of inquiries and investigations ordered by the Senate, in- 
cluding compensation to stenographers to committees, at such rate as may 
be fixed by the Cimimittee to Audit and Control the Contingent Expenses of 
the Senate, but not exceeding $1.2,') per printed page, $10,000. 

For fuel, oil, and cotton waste, and advertLsing for the heating apparatus, 
g 2.863. 

For fuel, oil, and cotton waste, and advertising for the heating apparatus, 
fiscal year 1891, $43.02. 
For purchase of furniture, $14,750. 

For services in cleaning, repairing, and varnishing furniture, $300. 
For expenses of maintaining and equipping horses and mail wagons for 
carrying the mails. $1,420. 
For miscellaneous items, exclusive of labor, $8,900. 
The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
monts were concurred in. 

The amendments were ordered to be engrossed, and the bill to 
be read a third time. 
The bill was road the third tim?, and passed. 
LEONARD I. BROWNSON. 

The PRESIDENT pro (enipoir. The Calendar under Rule VIII 
b^^ing in order, the first case will be reported. 

The bill (S. 14.30) for the relief of Leonard I. Brownson, late 
first lieutenant. Company K. Fiftli Vermont Volunteers, was 
considsred as in Committee of the Whole. 

The bill was reported from the Committee on Military Alfairs 
with an amendment, to strike out all after the enacting clause 
and insert: 

That the President of the United States be. and he hereby is, authorized to 
revoke and set aside so much of General Orders No. 21. Headquarters Middle 
Military Division, dated September 18, 1864, as dismissed First Lieut. Leonard 
I. Hro^vuson, Company K, Fifth Vermont Volunteers, for absence without 
leave and for conduct prejudicial to good order and military discipline, and 
to grant and cause to be issued to said Leonard I. Bro\\'nson a certificate of 
honorable muster out of the service ,as of the date of September 18, 1864; 
aud said Leonard I. Brownson shall not be entitled, by virtue of this act, to 
aiiy pay or allowance subsequent to said September 18, 1864. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

PROPERTY RIGHTS OF MARRIED WOMEN IN THE DISl 

The bill (S. 2280) to amend sections 727 and 729 of the Revised 
Statutes, relating to the District of Columbia, was considei'cd as 
in Committee of the Whole. 

Sections numbered 727 and 729 of the Revised Statutes relating 
to the District of Columbia are by the bill amended so as to read: 

.SEC. 727. In the District of Columbia the right of any married woman to 
any property, personal or real, belonging to her at the time of marriage or 
acquired during marriage by her trade, btisincss, labor, or services carried on 
or performed on her sole and separate account, or in any other way than by 
gift or conveyance from her husband, shall be as absolute as if she were un- 
married, and shall not be subject to the disposal of her husband nor be liable 
for his debts. 

Sec. 729. Any married woman may contract and sue and be sued in her 
own name, and in matters having relation to her sole aud sep.arate property, 
or to her trade, btisiness, labor, or services carried on or performed on her 
solo and separate account, in the same manner as if she were unmarried, and 
may make notes, drafts, or other negotiable or business paperor evidence of 
indebtedness, and the same shall be of like effect and valid in law as if made 
by :in unmarried woman. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
ana passed. 

PREVENTION OF CRUELTY IN THE DISTRICT. 

The bill (S. 1714) to pi-event cruelty to children in the District 
of Columbia, and for other purposes, was considered as in Com- 
mittee of the Whole. 

The bill was reported from the Committee on the District of 
Columbia with amendments. 



3518 



CONGRESSIONAL RECORD— SENATE. 



Apeil 22, 



The first amendment was, to strike out section 2, as follows: 
Sec. 2. That any parent or guardian, in the District ot Columbia, who un- 
reasonably HKSlects to provide for the support ot his or her minor child or 
ward shall upon conviction of such unreasonable neglect be punished by fine 
not exceeding S30, or by imprisonment not exceeding six months. 

The amendment was agreed to. 

Tlie next amendment was, in section (4) 3, in line 9, after the 
word '■ Individuals," to strike out " and the knowledge and acts 
of ag'ents and employes of such corporations and companies, in 
reg'ard to animals owned or employed by them, shall be held to 
be the knowledge and acts of such corporations and companies 
themselves; " so as to make the section read: 

Sec. (4) 3. That section 12 ot the act ot August 23, 1871, entitled '-An act for 
the prevention ot cruelty to animals in the District of Columbia " is amended 
to read as follows: " That in this act the word -animals' or • animal ' shall 
be held to include all living and sentient creatures (human beings excepted), 
and the words 'owner,' 'persons,' and 'whoever' .shall be held to include 
corporations and incorporated companies as well as Individuals. 

The amendment was agreed to. 

The next amendmontwas, in section (5) 4, lino 8, after the word 
"not," to strike out "less than ten days nor;" so as to read: 

Sec. (5) 4. That a person being the owner or jiossessor or hav-tng charge or 
custody of a maimed, diseased, disabled, or infirm animal, who abandons such 
animal, or leaves it to lie In the street, or road, or public place more than 
three hours after he receives notice that it is left disabled, is guilty of a mis- 
demeanor, punishable by a fine ot not less than SlOnor more than S-350, or by 
imprisonment in jail not more than one year, or both. 

The am.-ndment was agreed to. 

The next amendment was, in section (G)5, lino 2, after the word 
"docking,'' to strike out "or by any other operation performed for 
the piirposo of shortening the tail; " so as to make the section rc'ad: 

Sec. (6) 5. That whoever cuts the solid part ot the tail of any horse in the 
operation known as docking, and whoever shall cause the same to be done or 
assist in doing such cutting (tuiless the same is proved to beot benefit to the 
horse), shall, upon conviction thereof, be punished by imprisonment in the 
jail not exceeding one year or flue ot not less than $100 nor more than K!50. 

The am_cndment was agreed to. 

The next amendment was, in section (7) 6, line 7, after the 
word "not," to strike out "less than $10 nor;" and in line 9, 
after the word "not," to strike out "less than ten daj-s nor;" so 
as to make the section read: 

Sec. (7) 6. That any person who sets on foot, instigates, promotes, carries 
on, or does act, as assistant, umpire, or principal, or attends or in any way 
engages iu the furtherance of any fight between cocks, fowls, or other birds 
or dogs, bulls, bears, or other animals, premeditated by any person owning. 
or having custody of such birds or animals, is guilty ot a misdemeanor, pun- 
ishable by a tine ot not more than $350 or by Imprisonment in jail not more 
than one year, or both. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendments were coucurivd in. 

Mr. McMillan. I should llkc to ask if the numbers of the 
sections have been changed'? 

The PRESIDENT p?-ofc)7i;jOiy. That will be attended to by 
the enrolling clerk in the enrollment of the bill. 

The bill was ordered to be engrossed tor a third reading, read 
the third time, and passed. 

Mr. HARRIS. I think the title ought to be amended by 
adding the words " or animals " after the word " children." 

The PRESIDENT pi-'j tempore. The Senator from Tennessee 
suggests that the title of the bill should be amended. The Chair 
hears no objection, and the title will be amended to read as fol- 
lows: "A bill to prevent cruelty to children or animals in the 
District of Columbia, and for other purposes." 

PUBLIC BUILDING AT WOONSOCKET, R. I. 

The bill(S. 2331) for the erection of a public building in the city 
of Woonsocket,R.I.,was considered as in Committee of the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

LANDS ADJOINING NAVAL STATION, PORT EOYAL. 

The bill (S. 1290) to provide for the purchase of lands adjoin- 
ing the United States naval station. Port Royal, S. C, was con- 
sidered as in Committee of the Whole. 

The bill was reported from the Committee on Naval Affairs 
with an amendment, to add at the end of section 3 the words " ten 
thousand dollars, or so much thereof as may be necessary, out of 
any moneys in the Treasury not otherwise appropriated; " so as 
to make the section read: 

.Sec. 3. That for the purchase ot the lanis hereinbefore described there is 
hereby approijriated the sum of $10,000, or so much thereof as may be nec- 
essary, out of any moneys in the Treasury not otherwise appropriates. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third reading, i-ead 
the third time, and passed. 

PURCHASE OP LAND OPPOSITE GOSPORT NAVY-YARD. 

The bill (S. 1543) authorizing and directing the Secretary of 
the Navy to contract for the purchase of a lot of land opposite to 
the Gosport navy-yard, was considered as in Committee of the 
Whole. 



The bin was reported from the Committee on Naval Affairs 
with amendments. 

The first amendment was, in section 1, line 9, after the word 
" purposes," to strike out: 

/poinded, That he can obtain the same at a price by him con.sidered to be 
fair and reasonable. 

So as to make the section read: 

That the Secretary of the Na'i'y be, and he is hereby, authorized and di- 
rected to negotiate and contract for the purchase at private sale ot the tract 
ot land known as " Cedar Grove," containing 50 acres, with a water front ot 
1.000 feet on the Elizabeth River, immediately opposite to the Gosport navy- 
j-ard, for the purpose of constr'acting a wet dock, and for other pm'poses. 

The amendment was agreed to. 

The next amendment was to add to section 2 the foUov/ing 
proviso: 

And provided fiiiihei; That where he is tmablo to purchase such lands at 
what he may deem a reasonable price, or where the owner or owners ot said 
lands or any part thereof may be imable for any reason to vest by voluntary 
conveyance a complete and valid title to any part ot said lands hereinbefore 
described, then the same shall be acquired by condemnation, agreeably to 
the act ot Congress of August 1. 188S. relative to such condemnations, and 
to the laws ot the State ot Virginia for the condenmation ot land for public 
uses in that St.ate. 

So as to make the section read: 

Sec. 3. That to enable the Secretary of the Na\'7tomake the said purchase 
the sum of $300,000, or so much thereof as may be necessary, Is hereby appro- 
priated out ot any money iu the Treasury not otherwise appropriated: Pro- 
rtd<.'d. That no money shall be expended for the purchase of said land until 
a valitl title to the same shall be vested in the United States and the State of 
Virgiriia shall have released and relintitiished jurisdiction over the same and 
exempted from taxation said land and sitch buildings as may hereafter be 
erected thereon, so long as the same are the property of the United States; 
And provided further, 'That where he is ttnahle to purchase such lands at 
what he may deem a reasonable price, or where the owner or owners of said 
lands or any pai't thereof may be unable for any reason to vest by voluntary 
conveyance a complete and valid title to any part of said lauds hereinbefore 
descril>ed, then the same shall be acquired by condemnation, agreeably to the 
act of Congress of August 1, 1888. relative to such condemnations, and to the 
laws of the State of Virginia for the condemnation of land for puhllc uses 
in that State. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

SALE OF PROPERTY UNDER UNITED STATES COURT DECREES. 

Mr. WOLCOTT. I desire to olTer amendments to the bill (H. 
R. 5816) to regulate the manner in which property shall be sold 
under orders and decrees of any United States com-t, and I ask 
that the amendments hd ijriuted. 

The PRESIDENT ^M-o tempore. Does the Senator desire to 
have thorn referred. 

Mr. WOLCOTT. No, I prefer that they shall lie on the table, 
as the bill is on the Calendar. 

Mr. WOLCOTT subsequently said: Referring to House bill 
5816, to which I offered amendments a few moments ago, after 
further consideration and consultation with some members of the 
committee, I move that the bill be recommitted to the Committee 
on the .Judiciary, with the amendments I have offered. I think 
that Vv'ill facilitate action. 

The PRESIDING OFFICER (Mr. PLATTin the chair). The 
Senator from Colorado asks that the bill referred to by him, to- 
gether v.'ith the amendments intended to be proposed by him, be 
recommitted to the Committee on the .Judiciary. Is there ol)- 
jectionV The Chair hears none, and that order will b3 made. 

PRESIDENTIAL SUCCESSION. 

The bill (H. R. 3927) to amend "An act to provide for the per- 
foi'mance of the duties of the oHice ot President in case of the 
removal, death, resignation, or inability both of the President 
and Vice-President," appr '.vcd January 19, 18S*5, was considered 
as in Committee of the Whole. It proposes to amend the first 
section of the act of January !'.), 1886, by inserting after the words 
" Secretary of the Interioi- the words " or if there be none, or 
in case of his removal, death, resignation, or inability, then the 
.Secretary of Agriculture." 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

"IVORLD'S COLUMBI.'i.N EXPOSITION. 

The joint resolution (S. R. 42) extending an invitation to the 
King and Queen of Spain and the descendants of Columbus to par- 
ticipate in the W^orld's Colmnbian Ex;K;sition was considered as 
in Committee of the Whole. 

The joint resolution was reported from the Select Committee 
on the Quadro-Centennial with an amendnunt, in line 9, before 
the word " that," to insert "and;'' and iu line 11. after the word 
" entertainment," to strike out "and that a sufficient sum to jwy 
the expenses thereof is hereby apprupriated, o'.it of any moneys 
in the Treasury not otherwise appropriat.jd, the sa;ne to be ex- 
pended under the direction of the Secretai-y of State, according 
to the provisions of section 291 of the Revised Statutes;" so as 
to make the joint resolution read: 

Jtfsolred. etc.. That the President of the United States he, and he hereby is, 
authorized and requested to extend to His Majesty Alfonso xm, to Her 



1892. 



CONGRESSIONAL EECORD— SENATE. 



3557 



The PRESIDENT -pro tempore. Is there objection to the pres- 
ent consideration of the resolution? 

Mr. SHERMAN. I have no objection if the usual clause is in- 
serted, which is always done in resolutions addressed to the Pres- 
ident, " if not incompatible with the public interest." 

Mr. TELLER. I have no objection to those words being put 
in, but I can not see how it can be possible that a disclosure of 
what has occurred could ba incompatible with the public inter- 
est. However, let those words be put in. 

Mr. SHERMAN. That is the usual language always adopted. 

The PRESIDENT pyo lempore. The Senator from Colorado 
modifies his resalution, and the modification thereof will be 
stated. 

The Chief Clerk. In the first line, after the word "re- 
quested," iAisert the words "if not incompatible with the public 
interest; " so as to road: 

Resolved, That the President be, and is hereby, requested, if not incompat- 
ible with the public interest, to inform the Senate, etc. 

The resolution was considered by unanimous consent, and 
agreed to. 

INQUIRY CONCERNING RAILWAYS. 

Mr. CALL submitted the following resolution; which was road: 
Resolved, That a special committee of the Senate shall be, and is hereby, 
created, to consist of nine members, chosen by resolution of the Senate, who 
shall be charged with the duty of Inquii-iug into and reporting to the Senate 
the present value per mile of the railways of the United States; also the pres- 
ent capitalization of the same, and the difference, if any, between the capi- 
talization aud the actual cost of construction and equipment of said railways ; 
also to inquire and report to the Senate the gross and net receipts of all and 
each of the railway companies In the United States : the number of employes 
and the compensation paid to each; the amoimt of the bonded indebtt-duess: 
the amount of its outstanding capital stock; the kind aud value of all prop- 
erty, whether money, stocks, and bonds, or real and personal estate; the 
names and residence aud amount of stock or bonds held by each stockholder 
or bondholdrr of each and all of such railroads. 

That the coiuinittee shall have power to send for persons and papers and 
to compel their attendance, and to employ a clerk and stenographer. 

That the committee shall also inquire and report to the Senate whether 
any of said railway companies, their stoclUiolders or bondholders, agents 
or employt^s have tised or attempted to use their corporate privileges or 
powers, or money, to influence and control the elections of members of 
Congress or the members of the State Legislatures. 

Mr. CALL. I ask that the resolution may be printed and lie 
on the table, to be called up hereafter. 

The PRESIDENT pro tempore. The resolution will be read. 

Mr. MORGAN. I suggest an amendment which I hope the 
Senator from Florida will concur in and put in the resolution; 
that in reporting th'i amoaut of stocks and bonds issued by rail- 
road corporations the committoo will also report whether they 
are held in the United States or held abroad, and at what rates 
of interest. 

Mr. CALL. I accept the modification. I ask that the resolu- 
tion may be modified in that form. 

The PRESIDENT 'pro tempore. The modification of the reso- 
lution suggested by the Senator from Alabama, and adopted by 
the Senator from Florida, will be made and the resolution will 
be printed and lie over. 

The Chief Clerk will report the modification. 

The Chief Clerk. Add to the resolution the following 
words: 

That t he committee shall also report the aniotint of stocks and bonds o\\'ned 
or controlled abroad, and the rate of interest. 

The PRESIDENT pro tempore. The resolution will lie over 
under the rul?. 

PORTAGE CANAL AND IMPROVEMENT COMPANY. 

Mr. McMillan submitted the following resolution; which 
was considered by unanimous consent, and agreed to: 

liesolred. That the Secretary of War be, and he hereby is, directed to send 
to the Senate as soon as may ba the report of Maj. C. E. L. B. Davis on the 
Portage Canal and Improvement Company. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by :Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House' had passed 
the bill (S. 1415) for the relief of .John Nickles. 

The message also announced that the House had agreed to 
some and disagreed to other amendments of the Senate to the 
bill (H. R. 674t)) making appropriations to provide for the ex- 
"penses of the government of the District of Columbia for the fis- 
cal year ending June .30, 189.3, and for other piu-poses, asked a 
conference with the Senate on the disagreeing votes of the two 
Houses thereon, and had appointed Mr. Dockery', Mr. COMP- 
TON, and Mr. Henderson of Iowa, managers at the conference 
on the part of the House. 

The message further announced that the House had disagreed 
to the amendments of the Senate to the bill (H. R. .5081) for the 
better control of and to promote the safety of national banks, 
agreed to the conference asked by the Senate on the disagreeing 



votes of the two Houses thereon, and had appointed Mr. Bacon, 
Mr. Cox of Tennessee, and Mr. Walker managers at the con- 
ference on the part of the House. 

ENROLLED BILL SIGNED. 

The message further announced that the Speaker of the House 
had signed the enrolled bill (H. R. 278(i) to amend the act giving 
the approval and sanction of Congre;-,s to the route and termini 
of the Anaoostia and Potomac River Railroad in the District of 
Columbia, and it was thereupon signed by the President 7; ro tera- 
pore. 

EXCLUSION OF CHINESE. 

The PRESIDENT pro tempore. Is there further morning busi- 
ness? If not, the Calendar under Rule VIII is in order. 

Mr. SHERMAN. I move that the Senate proceed to the con- 
sideration of the unfinished business. I believe that was the 
understanding, so that we may have the full day on it. 

The PRESIDENT pro tempore. The Senator from Ohio moves 
that the Senate proceed to the consideration of the unlhiished 
business, which is the bill (H. R. (118.")) to absolutely prohibit the 
coming of Chinese per.-ions into the United Slates. 

The motion was agreed to; and the Senate, as in CJommittee of 
the Whole, resumed the consideration of the bill, the pending 
question being on the amendment in the nature of a substitute 
reported by the Committee on Foreign Relations. 

Mr. TELLER. Mr. President, I do not intend to debate the 
merits of the bill. That has been done by .several Senators who 
agree with the action of the committee. 1 only rise because yes- 
terday I made a statement of what I understood to be the well- 
established rule of international law, whieh seems to have been 
questioned by the Senator from New Hampshire [Mr. ('HAN- 
DLER], and perhaus by others. I desire to say that, v/hat ever may 
be our relations with China, I do not think there can be any dis- 
pute as to what the law on the subject touching the rejectfon of 
a minister whom we prolTer to China is. 1 understand it to be 
an elementary principle that a minister serves as such with the 
consent of both nations, and both nations must consent before he 
can be a minister. He must be received as well as sent. I have 
myself been unable to find any cas": (and my attention has been 
c.illed to thisihatter on s:'voral occasions) where it has been con- 
sidered oft'ensive for a nation to reject a minister sent to it. I 
find the authorities to be uniform on the subject that the nation 
to whom he is sent is to judge for itself. The nation to whom 
the ambassador or minister is accredited is not required to give 
any reasons why the minister is not acceptable. As stated by 
the Senator from Minnesota [Mr. Davis] so well yesterday, all 
it has to do is to say that it does not want him. 

Mr. Fish, Secretary of State during the administration of 
General Grant, declared that not only a nation was not required 
to give a reason for the rejection of a minister or for his recall, 
but that no self-respecting nation would do it. So if the Chinese 
Government rejected Minister Blair, or refused to receive him, 
it is not a ground of complaint here, and our legislation should 
proceed exactly as if it had accept:d that minister. 

But it is said that the Chinese Government gave reasons why 
it. would not receive him and that those rea-ons were untenable. 
There is nothing in that. It was not required to give any rea- 
.■•ons. If it gave reasons that were not sufficient, it still wa-j left 
with the unquestioned right to fall bick and say, by giving no 
r(iSt0$bi it chose, it would not receive the minister. 

lave taken a little pains to look up this subject sinc3 it was 
called up. I do not intend to take more than a moment or two on 
this point. I just want to call attention to the authorities: 

Every foreign agent depends upon the double will of th*; two Govern- 
ments — of that which sends him. and of that which is to permit the exercise 
of his functions within its territory— aud when either of tliese wills i,s re- 
fused or withdrawn his authority to act within th;it territmy becomes In- 
complete. 

That is the language of Mr. Jeft'erson, Secretary of State, to 
the minister of France, and that was touching the conduct of a 
minister who had been received, but the principle as laid dov.m 
is the same. I find later this declaration: 

No Instance is recollected of one power pressing another equally independ- 
ent to recognize against Its vriU a minister to whom objections of a personal 
nature are entertained. 

That is Mr. Monroe, Secretary of State, to Mr. Onis, in 181.5. 
I find also the following: 

A minister from a foreign sovereign will not be received when there are 
personal objections to hiiu, and when the nomination is forced, not as a mat^ 
ter of courtesy, but in defiance of such ob,;e nions. 

That is Mr. Dallas, Acting Secretary of State, to Mr. Onis. in 
.June, 1815. 

It must be borne in mind that an envoy is a i>erson as well as the abstract 
representative of hisgoverniuent. and that it i.s' the prerogative of every gov- 
ernment to require that those with whom it deals be persoilen yralce, aud to de- 
cide the question for itself. This Government has on several occasions 




3558 



CONGllESSIONAL RECORD— SENATE. 



April 23, 



availed itself of this pei'soual right, without thereby beiug supposed to re- 
flect on the representative character of the person himself, and stlU less upon 
the collective rein'esentative character of his associates. 

That is Mf. Prolinghuysen, Secretary of Stat?, to Mr. Morgan, 
in 1884. There are quite a number of cases wliero ministers have 
been recalled, and the same rule, I understand, prevails exactly 
as when the minister is not received. 

Every government has the right to have the representative of another 
power an acoer*table person, and no government has the I'ight to expect of 
another the retention of a representative who Indulges in personal abuse of 
the head of the government to which he Is accredited, as Mr. Catacazy has 
done. 

This is Mr. Pish, Secretary of State, to Mr. Curtin. This is 
what he referred to, and this is laid down as the general rule: 

The declaration of the autliorized representative of the power to which an 
oflcnding minister is accredited is all that can properly be asked, and all that 
a self-resi>ectlng power could giw. 

I think it must be admitted that wo have no ground of com- 
plaint against China because Senator Blair was rojeeted as min- 
ister. They had a right to reject him on absolutely falsa prem- 
ises or without any whatever. 

I wish to say just a word about the abrogation of treaties, and 
I shall not dwell on that point, because I understand that the 
Senator from (Oregon who sits on my left [Mr. Mitchell], who 
made a few years ago a very able presentation of the law on that 
point, will probably say something on the subject now. I un- 
derstand the rule to be exactly as I laid itdown yesterday. Every 
nation that treats with another treats with the understanding 
that that nation may retire from the treaty at any time it sees 
fit, and it may do that notwithstanding there is a provision in 
the treaty that it shall continue for a limited period of time. 
All treaties that are not stipulated to expire at a particular time, 
unless in the very nature of the circumstances surrounding 
which they treat, are for unlimited periods. A stipulation that 
a ti'eaty shall remain in force five years or ten may bo annulled 
by either of the contracting parties at will. 

'The Senator from Massachusetts [Mr. Dawes] says when that 
is done the country must take the responsibility. That is true; 
there is no doubt about that. There might be such a condition 
of alTairs that the abrogation of one section of a treaty, or the 
whole treaty by one nation without conferring and consulting 
with the other might be very offensive, and it is possible out of that 
might grow complications very important and sometimes very 
disastrous: but the rule remains just as I have stated it, that 
legislation in this country by the national legislative body will 
set aside any treaty inconsistent with the provisions of that en- 
actment, whether it was intended so to be done or not. 

In the Cherokee Tobacco Case, which has been mentioned, tlio 
Supreme Court fairly decided that doctrine, where there was no 
reason to suppose that the legislative branch of the Government 
intended to set aside the treaty, but did in fact by the enactment 
of a law that was entirely inconsistent with the provisions of the 
treaty; and that is certainly true when the legislatfve depart- 
ment of the Government purposely abrogates a provision of a 
treatj-. 

The Senator from Now Hampshire seemed to think that the 
terms " abrogate " and " repeal"' are synonymous with ''viola- 
tion." To abrogate a treaty, or to repeal a treaty, is a legal right 
which is always presumjjtive of a moral right. The violation of 
a treaty is presumptive of wrong. A treaty should be enforced 
while it remains, and repealed or abrogated whenever it is im- 
proper or contrary to the interests of the nation to enforce or to 
maintain its provisions. 

Mv. President, I do not need to speak to any extent of the 
merits of this bill. The bill as it conies hero from the other 
House may be, and doubtless is, exceedingly harsli in its provi- 
sions; but there is one thing certain, that the iiublic sentiment 
in this country demands the exclusion of this class of people from 
the United States, or, in other woi-ds, if not the exclusion of those 
who are hero the exclusion of those who may seek to come. I 
remember very well some ten or twelve years ago, perhaps ten, 
when this question was presented to the Senate for the first 
time 

Mr. DAWES. In 1882. 

Mr. TELLER. In 1882, some Senator says. I do not recall 
the exact time. I remember there was a very determined op- 
position to the bill, based upon the high ground that this coun- 
try is the asylum and the refuge and the home of all peoples. 
Wo who favored then the restriction of the Chinese maintained, 
as v.-e maintain now, that the exclusion of the Chinese from this 
country is no violation of that well-established and honored 
rule. 'We also maintained that rigid and strict rules may be 
enacted touching the immigration of people not of the same 
class as the Chinese, if we saw fit. The question of the immi- 
gration of a class of people who arc entirely different from ours, 
a class of people with whom we can have no social relations and 
with whom otu' people can not and will not amalgamate, pre- 



sents, in my judgment, a very different question from that 
which is presented even when we come to consider the undesir- 
able immigration of persons from foreign countries who ai'e of 
our family. 

We can assimilate with the most objectionable classes that 
come here from Euiojio: they become in a few- years a part and 
parcel of the American citizenship, and we shall find in one or 
two generations at most a homogeneous people in language, in 
sympathy, in feeling, and in taste, ijossibly not altogether in re- 
ligion; but in all those things that go to make a harmonious iieo- 
ple and that induce coherence and peace within the borders of a 
nation, there will be no distinction between the children of the 
immigrant of to-day and the cliildren of the immigrant of 200 
years ago. 

Mr. MORRILL. May I ask the Senator from Colorado a que,^- 
tion before he leaves that subject'? 

Mr. TELLER. Certainly. 

Mr. MORRILL. I am inclined to believe that Congress has 
the power to pass a law which would supersede a treaty, but now 
I should like to ask the Senator from Colorado whether he thinks 
other nations have the same power? 

Mr. TELLER. Oh, Mr. President, I thought I stated explic- 
itly that all nations have that power. 

Mr. MORRILL. Then, I should like to ask the Senator 
whether Japan can rcp^'al the treaties which are existing be- 
tween it and several other nations, especially with England, in 
relation to the duties on imparts? 

Mr. MITCHELL. Wo have done it over and over again. 

Mr. TELLER. I should have a very poor opinion of a nation 
which would surrender that right, and I do not believe that the 
Japanese nation, or even the Chinese, have ever surrendered any 
right of that character. I have no doubt that any treaty may lie 
retired from. 

Mr. MORRILL. Japan has endeavored to secure a release 
from her treaty from Great Britain for years, and has not suc- 
ceeded. 

Mr. TELLER. Very well, Mr. President, Japan may not be 
willing to abrogate'the treaty, and thus, perhaps, create friction 
and omplaint in Great Britain, not of a legal character, but of 
another character. We have been trying to got rid of a treaty 
with Great Britain for a great many years, too, and a greatmany 
people in this country believe wc got rid of the treaty by the ac- 
tion of Great Britain in violating it. 

There has never been quite such a condition of affairs that any- 
body wanted to propose the absolute repeal or abrogation of that 
treaty — I refer to the Bulwer-Clayton treaty — and yet neither 
the United States nor Great Britain, I think, is to the highest 
extent respecting tlie terms of that treaty. It is very evident 
that the people of the United States would insist upon the abro- 
gation of that treaty whenever it should appear that it was in- 
imical to the interests of tho great masses of the people of this 
country. 

We shall never assimilate with the Chinese; we never shall 
assimilate with them, because even if wo would they will not. 

I listened with great interest to the very able speech of the 
Senator from Minnesota [Mr. DA\^s] when he spoke of these 
peo])le, of their g-reat civilization, their great age, their great 
wealth, and their great numbers. They are a very wonderful 
people, and perhaps the most wonderful thing about the Chinese 
people is that practically they are to-day where they were a thou- 
sand or two thousand years ago, and that to tho Chinaman is tho 
highest jMssible evidence of his superiority over all other men. 
In the whole catalogue of nations there is no nation that is so 
thoroughly satisfied with itself and its surroundings as the Chi- 
nese. Their civilization to them is infinitely superior to the 
civilization of Europe and America. They believe that their 
scholastic attainments are infinitely greater and better than the 
scholastic attainments of any other people in the world, and they 
are as unchangeable now in this, the last of the nineteenth cen- 
tury, as they were when they wore first touched and we fir^t 
learned of them through Marco Polo, of whom the chairman cii 
the Committee on Foreign Relations [Mr. Sherman] spoke af<_ v, 
days since. They will, in contact with the civilization of Europe 
and America, remain Chinese, and so a reason exists for keeping 
them out of our country that exists for keeping out of the cou'- 
try no other class of people who desire to come here. 

The Senator from Minnesota said that Chinamen did not con i 
here to remain, but they came here with the intent to return. 
That is the objectionable feature of this immigration; it is ob- 
jectionable because they come here simply to take money out of 
the country and retiu-n to their homes. They take no jiart in 
building up the society in which they live. The lowest immi- 
grant who comes from Euroiie. whether he be a convict, pauper, 
or otherwise, comes here and contributes something to civilized 
society; he puts his children in school, and the great mass of 
tliera contribute materially to the prosperity of this country. 



1892. 



CONGEESSIONAL EEOOED— SENATE. 



3607 



Estition ot Frederick Speed, department commander of the 
ouisiana and Mississippi Grand Army of tlie Republic; the 
petition ot H. B. Nichols, department commander ot the Vir- 
ginia Grand Army of the Republic; the petition ot E. Calkins, 
department commander of the Indian Teri-itory Grand Army of 
the Republic; the petition of C. L. Haton, department commander 
of the Michigan Grand Armj- of the Republic, and the petition 
of S. G. Hillis, department commander of the Kentucky Grand 
Army of the Republic, praying that if any disposition is made ot 
the Industrial Home property at Salt Lake City, Utah, it be set 
aside for a soldiers' home for disabled and needy soldiers and 
sailors; which were referred to the Committee on Territories. 

Mr. VILAS presented the memorial of E. V. Hig-gins and 42 
other members of the Seventh- Day Ad ventist Church of Portage 
Count}', Wis., and the memorial of C. K. Ackley and 55 other 
members ot the Seventh-Day Adventist Church of Richland 
County, Wis., remonstrating against Congress committing the 
United States Government to a union ot religion and the state 
by the passage of any legislation clo-iing the World's Columbian 
tixposition on Sunday, or in any other way committing the Gov- 
ernment to a course ot religious legislation; which were referred 
to the Committee on the Quadro-Centennial (Select). 

Mr. JONES of Arkansas presented the memorial of W, R. 
Robinson and G other members ot the Seventh-Day Adventist 
Church of Sebastian County, Ark., remonstrating against the 
United States Government committing' itself to a union of reli- 
gion and the state by the passage ot any legislation closing the 
World's Columbian Exposition on Sunday, or in any other way 
committing the Government to a course ot religious'legislation: 
which was retei'red to the Committee on the Quadro-Centennial 
(Select). 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, b}- Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had disagreed 
to the amendments of the Senate to the Joint resolution (H. Res. 
96) to authorize the loan of certain ensigns. Hags, and signal num- 
bers for the purpose of deoijrating the streets and buildings of 
Washington on the occasion ot the Grand Army Encampment in 
September, 1892, agreed to the conference asked by the Senate 
on the disagreeing votes of the two Houses thereon, and had ap- 
pointed 'Mv. Lapham, Mr. OUTIIWAITE, and Mr. HuLL man- 
agers at the conference on the part of the House. 

The message also announced that the House had passed the 
following bills and resolution: in which it requested the coneui'- 
rence ot the Senate: 

A bill (H. R. 793) to amend the military record of De Loss 
Cramer; 

A bill (H. R. 2073) granting a pension to Mrs. Jennie Y. Wade; 

A bill (H. R. 3587) tor the i-eliet of Jonathan Ramey, Mexi- 
can war veteran; 

A bill (H. R. 4270) for the relief of D. P. Abbott, A. S. Keeves, 
and T. E. Smith; 

A bill (H. R. 4620) to authorize the Secretary of the Treasury 
to consent to the use of a portion of the public grounds of the 
United States in the town of Abingdon, Va., tor a public street; 

A bill (H. R. 5200) for the relief ot Betsey Worthington; 

A bill (H. R. 5396) for the relief of W. H. Howard; 

A bill (H. R. 5722) increasing the pension ot Meridy Smith, a 
Revolutionary pensioner: 

A bill (H. R. 6093) for the relief of Quincy McNeil; . 

A bill (H. R. 6490) to amend an act entitled "An act establish- 
ing post roads, and for other purposes," approved March 3. 1877; 

A bill (H. R. 7281) granting a pension to William F. C. Ninde- 
mann, late of the Jeannette expedition to the Arctic Ocean; and 

A joint resolution (H. Res. 97) to fill vacancies which will occur 
in the Board of Managers of the National Home for Disabled 
Vohmteer Soldiers on April 21, 1892. 

REPORTS OF COMMITTEES. 

Mr. WALTHALL, from the Committee on Public Lands, re- 
ported an amendment intended to be proposed to the sundry civil 
appropriation bill; which, with the accompanying report, was 
referred to the Committee on Appropriations, and ordered to be 
printed. 

He also, from the Committee on Public Lands, to whom was 
referred the hill (S. 2885) to authorize the Legislature of the State 
of Mississippi to sell or lease the lands heretofore appropriated 
to the use of schools within the Chickasaw cession, and to ratifv 
and approve the sales already made, i-eported it without amend- 
ment, and submitted a report thereon. 

Mr. PUGH, from the Committee on the Judiciary, to whom 
was referred the bill (S. 2519) authorizing the Secretary of the 
Treasury to Sell certain lands in the city of Springfield and Com- 
monwealth of Massachusetts, rejxjrLed it without amendment. 

Mr. Mcpherson, from the Committee on Naval Affairs, to i 
whom was referred the bill (3. 053) for the relief of Charles W. ! 



Cronk, reported it without amendment, and submitted a ropurt 
thereon. 

Mr, WILSON, from the Committee on the Judiciary, to whom 
was recommitted the bill (H. R. 5816) to regulate the manner in 
which property shall be sold under orders and decrees of any 
United States court, reported it with amendments, 

Mr, PADDOCK, from the Committee on Public Lands, to 
whom was referred the bill (S, 90) explanatory of an act entitled 
■■An act to settle certain accounts between "the United States 
and the State ot Mississippi and other States," and for other 
piu'poses, reported adversely thereon, and the bill was postponod 
indefinitely. 

Mr. PETTIGREW, from the Committee on Public Lands, to 
whom was referred the bill (S, 2829) granting to the State of 
North Dakota certain portions of the abandoned Fort Abraham 
Lincoln military reservation, together with the buildings there- 
on, reported it with amendments, and submitted a report thereon 

BILLS INTRODUCED, 

Mr. CARLISLE introduced a bill (S. 2991 ) for the relief of Mar- 
garet Jane Lovell, administratrix; which was read twice by its 
title, and referred to the Committee on Claims. 

Mr. VEST introduced a bill (S. 2992) for the relief of William W. 
Arnett; whicR was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. BARBOUR (by request) introduced a bill (S. 2993) author- 
izing the purchase of theOurdan and Kolb letter-engraving ma- 
chine for the use of the Navy Department; which was read twice 
by its title, and referred to the Committee on Naval AtTairs. 

Mr. MCMILLAN (by request) introduced a bill fS. 2994) to i)ro- 
vent the sale or delivery of ice within the District of Columbui 
on the Sabbath day, commonly known as Sunday; which wa-; read 
twice by its title, and referred to the Committee on the Distritf' 
of Columbia. 

Mr. SAWYER introduced a bill (S. 2995) granting a pension 
to Cornelius Meydam; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. ALLISON introduced a bill (S, 2996) providing for the 
erection of a public building at Muscatine, Iowa; which was road 
twice by its title, and referred tothe Committee on Public Build- 
ings and Grounds, 

Mr. CASEY introduced a bill(S.2997)topl^ce James W. Foley, 
late commissary sergeant, upon the retired list of the Army: 
which w.as read twice by its title, and referred to the Committee 
on Militai'v Affairs. 

Mr. DOLPH introduced a bill (S. 2998) for the relief of settlers 
upon certain lands in the .States ot North Dakota and South 
Dakota: which was read twice by its title, and referred to the 
Committee on Public Lands. 

Mr. DUBOIS introduced a bill (S. 2999) extending the time for 
the completion of the Spokane and Palouse Railway through the 
Nez Perce Indian Reservation in Idaho: which was read twice 
by its title, and referred to the Committee on Indian Affairs. 

Mr. SHERMAN introduced a joint resolution (S. R. 76) to au- 
thorize the President to invite certain Governments to send 
delegates to the Pan-American Medical Congress; which vz-as 
read twice by its title, and, with the accompanying papers, re- 
ferred to the Committee on Foreign Relations. 

Mr, CAREY introduced a joint resolution (S. R, 77) for the re- 
lief of Maj. Henry A. Read; which was read twice by its title, 
and referred to the Committee on Military Affairs. 

AMENDMENTS TO BILLS. 

Mr. McPHERSON submitted an amendment intended to be 
proposed by him to the river and harbor appropriation bill; which 
was referred to the Committee on Commerce, and ordered to be 
printed. 

Mr. McPHERSON, I submit an amendment intended to be 
priiposed to the bill to place wool on the free list and to i-educe 
the duties on woolen goods. This is an amendment placing sugar 
also on the free list. 

ThePRESIDENTproto/ipoi-c. The amendment will be printed 
and referred to the Committee on Finance. 

Mr, McPHERSON. I also submit an amendment intended to 
be proposed to the naval appropriation bill, making an appropri- 
ation for an increase ot the Navy, which I should like to have 
I'eferred to the Committee on Naval Affairs. 

The PRESIDENT pro tempore. The amendment will Ije re- 
ferred to the Committee on Naval Affairs, and be ijrinted, 

Mr. CALL submitted an amendment intended to bj proposed 
by him to the river and harbor appropriation bill; which was 
referred to the Committee on Commerce, and ordered to be 
printed. 

Mr. WARREN submitted an amendment intended to be pro- 
posed by him to the sundry civil appropriation bill; which was 



3608 



CONGRESSIONAL RECORD— SENATE. 



ArEUj 25, 



referred to the Committee on Appropriations, and ordered to be 
printed. 

THE FINANCIAL SYSTEM. 

Mr. COKE. Mr. President, I desire to give notice that to- 
morrow morning, after the routine business is closed, I shall ask 
permission to address the Senate very briefly on the silver »eso- 
lutions lying- on the table, inti'oduced by the Senator from Ala- 
bama [Mr. Morgan]. 

TRANSFER OF REVEN0E MARINE. 

Mr. BUTLER. Mr. President, I desire to give notice that a 
week from next Tliursday I shall ask the Senate to consider the 
bill ( S. G7 ) to transfer the Revenue Cutter Service from the Ti'cas- 
ury Department to the Navy Department. I shall move to pro- 
ceed to the consideration of the bill after the i-outine morning 
business on that day. 
_ Mr. ALLISON. I shall not interfere with the Senator's no- 
tice except to say that when appropriation bills are I'eady I hope 
it will bo understood that they shall take precedence of all other 
matters. 

EXCLUSION OF CHINESE. 

The PRESIDENT 2}ro tempore. In compliance with the unan- 
imous consent of the Senate made upon tlie last legislative day, 
the Chair lays before the Senate the unfinished busines-s. 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (H. R. G185) to absolutely prohibit the com- 
ing of Chinese persons into the United States. 

Tho PRESIDENT jjro tcmiiorc. The pending question is on 
the amendment reported to the bill by the Committee on For- 
eign Relations. Is the Senate ready for the questiony Those 
in favor of the amendment will say "ay,"' contrary " no." fPut- 
ting the question.] The ayes seem to have it. The ayes have it, 
and the amendment is adopted. 

Mr. PLATT. May tho question be stated again? 

The PRESIDENT pro tempore. Thequestion is on the amend- 
ment proposed by the committee in the nature of a substitute for 
the House bill. 

Mr. CULLOM. It is the Senate bill that is proposed as a sub- 
stitute for the House bill, I understand. Is that right? 

The PRESIDENT jjro tempore. The Chair will restate the 
question. An amendment is proijosed by the committee in the 
nature of a substitute for the House bill. ' 

Mr. CULLOM. By the Committee on Foreign Relations of 
this body? 

The PRESIDENT pro tempore. Yes. 

Mr. SHERMAN. I ought to say to the Senate that I under- 
stood from the general arr.angement made the other evening 
that the vote should bo taken upon this proposition, and that the 
amendment, if adopted, sliould be open to amendment. 

Mr. PLATT. That is what I wanted to ask. 

Mr. SHERMAN. The amendment, if adopted, is to be treated 
as the text of the bill. 

The PRESIDENT pro (CTipofr. That was the understanding 
of the Chair, that in tho event the committee amendment should 
be adopted to the House bill that amendment would still be open 
to amendment, and in tho event that the amendment proposed 
by the committee sliould be lost the House bill would be open to 
amendment by the Senate. 

Mr. PLATT. That was all I desired to inquire about. 

Mr. HARRIS. If the amendment shall be adopted, it stands 
as an original proposition, so that an amendment in the second 
degree will ba admissible. 

The PRESIDENT pro tempore. The Chair would so under- 
stand it. 

Mr. BUTLER. I understand that the amendment has been 
ado])ted. 

The PRESIDENT jn'O teinpore. The Chair did so decide, but 
will count it as no vote, and will again state the question. The 
question is on the adoption of tho amendment reported by the 
Committee on Foreign Relations. Is the Senate ready for tho 
question? 

Mr. MITCHELL. No, sir. I took the floor on Saturday, but 
I consented when the bill came up to permit the Senator from 
Washington [Mr. Squire] to go on this morning. He desires to 
address the Senate on this question before the vote is taken. He 
will be in the Senate in a moment. He has gone to get his pa- 
pers. 

Mr. SHERMAN. I suggest that until the Senator from Wash- 
ington comes in the Calendar be called. 

Mr. Squire entered the Chamber. 

The PRESIDENTjjro tempore. The pending question is on the 
adoption of the substitute reported by the Committee on Foreign 
Relations, and the Senator from Washington will proceed. 

Mr. SQUIRE. Mr. President, I desire to deflne my position 
as to this bill. I will first premise by referring briefly to ray 
own convictions upon tho general subject of the exclusion of the 



Chinese. When I first went to reside on the Pacific coast in 
1879, like many another who has been educated in New York and 
New England, I was inclined to think there was too much preju- 
dice against the Chinese, and perhaps persecution of them. I 
was inclined to take the humanitarian view and to believe that 
our country was so grand and so strong that it could safely with- 
stand the friendly incursions of tho people of China without 
danger to our civilization. 

During my residence in the city of Seattle, between 1879 and 
1884, 1 met a number of Chinese merchants who were engaged in 
legitimate business upon a somewhatextensive scale for the size 
of the place. I remember in jiarticular the firm of Wa Choug as 
being one that was well thought of by the citizens of Seattle. 
The membars of this firm owned their own real estate, and the 
city had let to them extensive contracts for street work which 
had been executed satisfactorily. I found the manager of this 
establishment to be an able and honorable business man; and by 
reason of meeting a few of this class of Chinese I had come to be 
very favorably disposed toward them. 

I soon found, however, that there were a great many Chinese 
of a different order there, and on visiting the cities of Tacoma, 
Olympia, Portland, and San Francisco, I ascertaintd from per- 
sonal observation that a very large portion of the Chinese on tho 
Pacific coast are of a kind whose presence is deleterious to the 
best interests of society. 

In the yeais 1884, 1885,1886. and 1887, Ihappened to occupy tho 
position of governor of the Territory of Washington, and during 
that time I had occasion to investigate this subject officially, by 
reason of tho sti'ong hostile feeling then prevailing in all those 
cities and places in the vichiity of Puget Sound. During a part, 
of this time there had been an imusual depres-ion in business in 
that country as a res.dt of the great business failures of 18711. 

The work upon the railroads of that country had teen to a large 
degree suspended, and many of the laboring class were without 
employment. A pi-ofound feeling of dissatisfaction and unrest 
prevailed among the masses, aid hostility against the Chinese 
was developed to a remarkab'e degree. Public meetings were 
held, at which heated discussions prevailed. The Chinese were 
attacked and driven fi-om the mines and their habitations de- 
stroyed. In another instance they were driven from the hop 
yards in Squak Valley, where thoy had been given work; their 
tents were burned aiid several of them were killed. At another 
time they were driven out of Tacoma by an oi'ganized body of 
citizens, which the sherilT of the county and bis posse could not 
control, and their dwellings were burned. 

An attempt was also made to drive them out of the city of Se- 
attle, where I happened to be at the time, but in consequence of 
the vigorous measures adopted, including the employment of the 
militia of the Territory and the subsequent support of United 
States troops, this attempt was unsuccessful. The President 
sent a r.'gimcntof United States troops there under Gen. Gibbon, 
commanding the department, and these troops remained in Seat- 
tle for several months in order to prevent further trouble. Ev- 
ery effort was made by me in four of the large counties to protect 
tlie Chinese, as it was my duty to do; and I have been given to 
understand that the Chinese Government was satisfied with tho 
actii n of the United States Government in its endeavor to carry 
out the spirit and the letter of the treaty. 

These trying- events led me to understand, as I had never done 
before, the' intense feeling of antagonism that is seated in the 
breasts of the great body of our laboring people in reference to 
the Chinese. 

In my official repoi-t to the Government, dated October 1, 1886, 
I stated as follows: 

The lact is not to be disguised that the people of the Pacific coast, with very- 
few exceptions, possess a spirit oi hostility toward the Chinese r.^sideuts, 
and although a large pro\>ortlou of our citizens entertain feelings of loyalty 
and patriotism toward the Government, yet in .several large towns they are 
inclined to be lenient to those who engage in acts hostile to the Chinese, and 
this fact makes it extremely difllcult to secure convictions of this class of 
offenders against the law. 

This feeling has been greatly aggravated by the fact that notwithstandinu' 
the terms of the so-called restriction act large numbers of Chinese have con- 
tinued to cross the border from British Columbia in detiance of the law, and 
though apijeals have been made to the Government to employ sufficient force 
in the customs department to prevent such unlawful incursions by Chinese, 
it has been found that with the limited customs force at its disposal the Gov- 
ernment is practically imable to enforce the exclusion of the Chinese imder 
the terms of the law. 

The letter of the SecretaiT of the Treasury (copy here inclosed), dated De- 
cember 9. 1885, explicitly states that " the appropriation heretofore made by 
Congress for carrying out the requirements of said act is entirely exhausteil, 
and that at present it is impracticable for the Department to take any meas- 
ures other th.an tliose already taken to prevent the landing and entrance of 
unauthorized Chinese laborers in United States territory." 

I may be permitted to urge the view which is naturally taken by American 
residents of the i*acitic coast, that It Is important to have that country set- 
tled by free American laborers, who have respect for the institutions and 
laws of our country, who will establish permanent homes, and who will rear 
their families iind train their children to have proper respect for labor in 
even its humblest sphere. 

The presence of Chinese in large numbers has heretofore been necessary. 



1892. 



CONGEESSIONAL RECORD— SENATE. 



3623 



ig and wci-e degraded, this RepubliL- of ours, founded as a light 
!or the people of the world, should linve no obligation to per- 
form towards elevating and improving and instructing neaj-ly 
one-half of the human race':' 

Mr. President, let us see whether there is any necessity for 
this, whether there are any other methods by which the result 
of limiting the immigi-ation of these people maj' be attained or 
the prohibition of them in particular States where the people 
are unfriendly to them and where their competition might in- 
terfere with the industry of the native people. 

What is the trouble in the State of California to-day legisla- 
ting to prevent the social evils which the Senator from Oregon 
[Mr. MiTCHELLi] alluded to. Is our republican system of State 
governments inadequate to eradicate a social evil of any kind? 
Can we not make laws and execute them of sufScient rigor equal 
to that which any other people can, to suppress vice in any form 
which it may assume? Here we have a national policy of pro- 
hibition, founded upon the idea that the State governments arc 
inadequate to preserve their people from moral contamination 
by the suppression of vice. There is no ground for this proijosi- 
tion. Why is it not practicable for this Grovernment, negotia- 
ting a treaty with China, to say that we will let Chinese in cer- 
tain quantities and of certain employments come here for certain 
purposes of study, of education, of commerce, or of trade, limit- 
ing it as the country may need, and also so to be admitt.^d to such 
States as shall not forbid theii- admission. 

Is a treaty of that description, recognizing the authority of the 
States and allowing free egress to those who are permitted to 
come in to States which desire their admission? There is no 
trouble in establishing a treaty of that sort and leaving it to the 
legislation of the States to exclude them. 

The ninth section of the first article of the Constitution pro- 
vides: 

The migration or importation ot such persons as any of the Slates now ex- 
isting shall think proper to admit shall not be prohibited by the Congress 
prior to the year 1808. 

That implies that. Congress not exercising its authority, the 
States may prohibit the migration or importation of such par- 
Bons as they see fit, certainly being supervised bj'tho paramount 
authority of Congress, if it sees fit to require them to be admitted . 

But why is it not adequate to all these purposes of prohibition 
of this evil upon the Pacific coast, that a treaty should be made 
recognizing the right and power ot the States to prohibit ab.-;o- 
lutely, if they see fit to do so, by a majority of their people, in 
their State legislation or their constitution, the admission of 
these immigrants? I apprehend that the Chinese people, the 
Emperor of China, and the public authorities of that Empire would 
not object to a proposition of that kind, that the local Stats gov- 
ernment being unfriendly to their admission, the treaty should 
provide that they shoidd not be admitted into such a State. 

Are we to be told that there are no systems of registration, of 
police inspection, or of the execution of the laws known to the 
States by which a Chinaman coming into a State can be identified, 
recognized , removed, and, if necessai-y , extradited? There is no 
difficulty in California or in Oregon providing a Stata system of 
legislation by the permission of theCongressof the United States 
in a treaty with China, by which every Chinaman v/ho comes 
into either of those communities can be required not only to reo- 
ister, but also to keep himself in communication with the public 
authorities as to his residence and even his temporary place of 
abode. The whole subject is perfectly in the power not'only in 
respect to the admission and the egress of these people, but also 
in respect of their vices and the suppression of them by the local 
authority of those States. 

So, Mr. President, taking this bill and these declarations that 
our people are to have no commercial intercourse— for that is 
unquestionably what it is as shown conclusively in the very able 
and clear exposition of the House bill made by" the chairman of 
the Committee on Foreign Relations— this iDill declaring that 
there shall be no intercom-so of any kind whatever between the 
people of the United States and the people of China, for that is 
the unquestionable force and effect of the bill, you can not sup- 
pose that the Chinese people, when we declare here that they 
shall be absolutely prohibited from coming to this country, ex- 
cept as diplomatic or other public oiEcials, and provide for their 
arrest and pimishment with a degraded punishment if they vio- 
late this law, and provide a penalty upon every person who shall 
bring them — there can be no question that this nation, which has 
existed for these thousands of years, famous in statecraft, famous 
for its protection of its own people, with its wisdom, the accu- 
ipulation ot many centuries— this people, who have been able to 
defy the changes which have destroyed all other races and all 
Other peoples for hundreds of centuries — there can be noquestion 
that these people woidd retaliate by making a similar declara- 
tion and no payment of one hundred millions or two hundred 
millions of dollars to this immensely rich country would be of 



avail to prevent their Government from excluding Americans 
precisely as the Chinese are to bo excluded from our domain. 

What is to be the eifect of this policy upon the great cotton- 
producing interests of this country? Cotton is already at such a 
price that it brings no remuneration to the produoer,*and a vast 
Section of the people of this countrv are absolutelv dependent 
upon it for all the comforts of life. ' What is to bo "the effect ot 
this policy of saying that one-half the human race shall be ex- 
cluded from the privilege of dealing with our people and ob- 
taining the fabrics which are produced from our cotton, whether 
here or in England or elsewhere? What is to bo the effect 
upon this interest of this prohibitory, this exclusive policy, which 
this hill provides? Why, Mr. Pi-esident, in an economical point 
of view alone, looking to this single production of the Southern 
States, I should say that this bill ought not to be passed, but 
ought to meet with the condemnation of the whole country. 

How about the production of wheat? China is a great grain- 
producing region, but with its vast overflowing population there 
have been periods of time and are now in India and China in 
which the supplies of wheat from this country will readily find a 
market. Are we to deny to our wheat-growers the possibility 
of a market there? 

Upon all these considerations it seems to me that the mero 
statement that because these people who come here possess cer- 
tain vices, because they are transitory and return to China, car- 
rying with them the avails of their labor, but leaving behind 
them, great works of industry and permanent impi-ovemcnt^ — 
that because of their competing successfully and more cheaplj' 
with American labor we shall exclude them from the whole coun- 
try, is a consequence that has no premise to sustain it. 

Why not admit them to those parts of the country where their 
labor may be useful? Why declare this policy since we have 
here in our midst a vast portion of another population which wc 
have civilized, more diverse from the Anglo-Saxon than are this 
people and yet pursuing the paths of peaceful industry and pro- 
gressing in civilization? Why not say the powerful "influences 
of our republican system, our educational system, our religious 
system, are adequate, with proper police and municipal regula- 
tions, to deal with this evil? Why not prohibitthe Chinese from 
exercising the elective franchise? Why not, if necessary, deny 
by lav/ their right to become citizens?' Why not leave' to th"o 
Slates the economies which shall prescribe such prices for labor, 
either in their g-reat trade organizations or otherwise, that these 
pcoijle may be required to conform to, instead of declaring the 
impossible doctrine that there shall bo absolute nonintercoursc, 
cummereial, educational, scientific, mechanical, and of any and 
every kind, between them and us? 

The writer of this book, Mr. Whitney, advocates strongly ali- 
solute exclusion upon the theory that the greater power of this 
vast multitude of people, as suggested by the Senator from Ore- 
gon who spoke this morning, will soincrease with the knowledge 
of the arts of offense and defense which this age is developing, 
that they will be dangerous to the future safety and independ- 
ence of the people of this country. But suppose that to ho so, 
lu3w will the policy of isolation and exclusion contribute in any 
degree to the diminution of that power? Suppose it to bo true 
that this people with their vast numbers will incri^a-ic and grow 
and become skilled in the use of arms, of naval ar<!hitecture, and 
of naval warfare until they can transport to this country or else- 
where an indefinite and sufficient number of people to overpower 
us, how will the policy of exclusion protect us from that result? 

So it must be by the power of intercourse, by impressing upon 
them our superior powers, by measuring strength with them, 
and if there is to be, as I have no idea and we can see nothing to 
warrant it — if thei-e is an irrepressible conflict between the 
Chinese isower and ourselves, let us prepare to meet it by a 
knowledge of it. But I have no fears. The military power of 
this Anglo-.Saxon race and the religious power of our civiliza- 
tion and our Christianity need have no fear from these Mongo- 
lian people with their vast antiquity and in their vast numbers, 
inhabiting, as they do. the most fertile and prolific region of the 
world. I have no apprehension of that resvdt. 

The PRESIDENT ivo tempore. The Chair calls the attention 
of the Senator from Florida and the Senate to the imanimous 
agreement made by the Senate on the last legislative day that 
debate should cease upon the bill at 4 o'clock to-da^' and the vote 
be taken upon the pending question. 

Mr. CALL. I have no desire to continue the discussion fur- 
ther. 

Mr. TELLER. I rise to make an inquiry as to the bUl. I did 
not fully hear the arrangement made, I wish to inquire, if the 
House bill is adopted instead of the Senate amendment, will it 
be open to amendment? 

The PRESIDENT jiiv tempore. That is the understanding of 
the Chair. The pending question is on the amendment proposed 
by the Committee on Foreign Relations. If that amendment 



CONGRESSIONAL RECORD— SENATE. 



April 25, 



shall prevail by acloptioii, then it will be open to amendment as 
the text of the bill. If it should ba defeated, then the bill as it 
eainc from the other House will be open to amendment. The 
question is on Iho a(lo])tion of the amendment reported by the 
Committee on Foreign Relations. 

Mr. FELTON . On that I ask for the yeas and nays. 

The yeas and nays were ordered, and the Secretary proceeded 
to call the roll. 

Mr. CASEY (when his name was called). I am paired with 
the Senator from Florida [Mr. Pasco]. 

Mr. DAVIS (when his name was called). lam paired with the 
Senator from Indiana [Mr. Turpie], and therefore withhold my 
vote. If he were present I should vote ''yea." 

Mr. HARRIS (when his name was called). I have a general 
pair with the Senator from Vermont [Mr. Moerill]. I do not 
know howhe would vote. If he were present I should vota " yea.'' 

Mr. McMillan (when his name was called). I am paired 
with the Senator from North Carolina [Mr. Vance], but he has 
sent me word that he is in favor of the amendment, and I vote 
"yea." 

The PRESIDENT pro tempore (when Mr. MANDERSON'sname 
was called). The occupant of the chair is paired with the Sen- 
ator from Kentucky [Mr. Bl.^ckburn]. The C^hair under- 
stands that if that Senator were present he would vote "yea," 
and therefore the occupant of the chair votes "yea." 

Mr. MILLS (when his name was called). I am paired with 
the Senator from New Hampshire [Mr. Gallinger]. 

Mr. PLATT (when his name was called). My colleague [Mr. 
Hawley] is absent and is paired with the Senator from Mis- 
souri [Mr. Cockrell], but upon this question I think my col- 
league would vote, it present, as the Senator from Missouri 
voted, that is, in favor of the report of the committee. I am 
paired with the Senator from Virginia [Mr. Barbour], but I 
am at liberty to vote upon this question. I vote "yea." 

Mr. COCKRELL. In this connection I desire to say that the 
Senator from Connecticut [Mr. Hawley] before leaving the 
Chamber told me that he would vote with the Senator from Ohio 
[Mr. Sherman] upon this matter, and as I supposed the Senator 
from Ohio v/ould vote for the committee's substitute, I voted. 

Mr. PUGH (when his name was called). Ihave ageneralpair 
with the junior Senator from Massachusetts [Mr. Hoar]. On 
this amendment, however, ho would vote "yea." That is my 
vote. I vote "yea.'' 

Mr. WOLCOTT (when his name was called). I am paired 
with the Senator from West Virginia [Mr. Kenna]. If he were 
present I should vote "nay," and I think he would vote "yea.'' 

The roll call was concluded. 

Mr. PERKINS. I wa? told that I was paired with the Sena- 
tor from Indiana [Mr. Turpie], but the Senator from Minnesota 
[Mr. Davis] informs mo that he is paired with him, and hence I 
vote "yea," vmless I am advised that I have another pair. lam 
quite willing to obey orders. 

Mr. DOLPH. I announce my pair with the senior Senator 
from Mississippi [Mr. GeORGE]. 

The result was announced — yeas 43, nays 14; as follows: 

YEAS— 13. 



Allison, 

Bate, 

Berry, 

Brice, 

Butler, 

Call, 

Carey. 



CuUom, 
Dawes, 
Dixon, 
- Frye, 
'^ Gorman, 
^ Gray, 

Hansbrougli, 



Carlisle, _^ Higglns, 

Cockrell, Hiscock, 

Coke, O Jones, Ark. 

Colquitt, CD Kyle, 

CO 



McMillan. 

McPherson, 

Manderson, 

Morgan, 

Paddock, 

Palmer, 

Pefler, 

Perkins, 

Pettlgrew, 

Piatt, 

Proctor, 
NAY.S— 14. 
Allen, .*— < Dubois, Sanders, 

Blodgeit, O Pelton, Shoup, 

Ch.andler, O Jones, Nev. Stewart. 

Daniel, ^O^ Mitchell, Teller, 

3 NOT VOTING— 31. 

Aidrich, CO Galliuger, Hill, 

Barbour, t_ George, Hoar, 

Blackbvim, q Gibson, La. Irby, 

Cameron, r i Gibson, Md. Kenna, 

Casey, Gordon, Mills, 

Davis, Hale, Morrill, 

Dolph, Harris, Pa..;co, 

Faailkuer, Hawley, Power, 

So the amendment was agreed to. 

The PRESIDENT pro tempore. The amendment becomes the 
text of the bill. The text of the bill is open to amendment, and 
under the unanimous agreement of the Senate amendments are 
to be considered under the five-minute rule. 

Mr. PLATT. I oiTer the amendment of which I gave notice 
some time since. 

The PRESIDENT ;)ro tempore. The amendment will be stated. 

The Chief Clerk. In section l,line 5, after the word "de- 
scent," it is proposed to insert: 

Excepting only tbe act approved October 1, 1888, entitled "An act asupple- 



Pugh, 
Ransom, 

Sawyer, 

Shei-man, 

Squire, 

Stockbridge, 

Vest, 

Vilas. 

Walthall, 

Washburn. 



Warren, 
Wilson. 



Quay, 

Stanford, 

Turpie, 

Vauce. 

Voorhees, 

White, 

Wolcott. 



ment to an act entitled 'An act to execute certain treaty stipulations relating 
to Chinese,' approved the 6th day of May, 1882." 

So as to read: 

That all laws now in force prohibiting and regulating the coming into this 
country of Chinese parsons and persons of Chinese descent, excepting only 
the act ajiproved October 1, 1K88, entitled "An act a supplement to an act en- 
titled 'An act to execute certain treaty stipulations relating to Chinese,' ap- 
proved the Gth day of May, 188a," are hereby continued in force for a period 
of ten years from the passjige of this act. 

Mr. PLATT. Mr. President, the effect of this amendment, if 
adopted, would be to exclude from the provision which extends 
the present laws relating to the coming of Chinese persons for 
ten years the Scott act, so called. It would extend for ten years 
all other laws relating to the coming of Chinese. It would not 
extend the provisions of the Scott act. 

Mr. DAWES. I should like to inquire of the Senator what 
effect it would have on the Scott act. Is not that an act without 
limitation'? 

Mr. PLATT. That is a conundrum which I can not answer 
in five minutes. If the Scott act is limited to the time men- 
tioned in the other laws, this would jjrevent its extension. If 
it is not limited in its operation, this would have no effect upon it. 
As to that legal question I am not able at this time to speak. 

But I can not vote for the bill without this amendment. We 
are told that the passage of that act was a violation of the treaty 
of 1880. It is agreed on all sides that it was a violation of that 
treaty. It has been remonstrated against by the Chinese Gov- 
ernment, and we are told in a dispatch which has been read here 
that they have addressed repeated notes to the State Department 
claiming that it was a violation of the treaty, none of which have 
received any notice by the State Department. Under tho^o cir- 
cumstances I can not again vote by an extension of that act to 
abrogate the treaty or vote for a bill which is in conflict with it. 
I know that I voted for it before. I voted for it under protest. 
As all Senators know, it was voted for under somewhat peculiar 
circumstances. It has been thrown in the face of everybody who 
voted for it and who is to-day opposed to tlic House bill that we 
violated or abrogated the treaty pf 1880; that we propose to do 
it again by this bill, and that we should not stickle very much 
about going further and violating the treaty more. I do not pro- 
pose hereafter to be charged with violating the treaty by voting 
for the bill as it is since the adoption of the amendment. 

Mr. CHANDLER. Mr. President 

Mr. PLATT. I have only five minutes, and I want to say this 
in that time: I do not balievc it is neoassary to extend the Scott 
law. I believe the laws of 1882 and 1884 are amply sulSciont to 
protect this country against the coming of Chinese laborers into 
it. I believe, and I think there is no question about it, that since 
the law of 1882 went into operation the nmnber of Chinese labor- 
ers in this country has diminished by at least 35,000 or 40,000. 
There were in 1880, in round numbars, 10.5,000 Chinese laborers 
in this country. There came into this country, according to the 
immigration records, in the year ending .Tune 30, 1881, 11,800; 
in 1882, 39,579; in the year ending .June 30, 1883, 8,031. That is 
alxiut 60,000. So it is safe to assume that by the time thosj laws 
took effect there were 100,000 Chinese laborers in tha country. 
Tlie present census, not entirely completa and not entirely accu- 
rate, but accurate enough for all purposes, however, shows that 
there are now in the country about 110,000. There are at the 
outside figures from 35,000 to 40,000 less Chinesa laborers in the 
country now than there were when that act was passed. It is a 
diminishing evil, and it is not necessary to violate treaties, and 
if w,i have done it, to violate them over again, to diminish and 
finally I'emove and eradicate this evil. 

I am willing to do what we can do, keeping faith, for aftar all 
that has been said here I do hold that there is some obligation 
on the Government to keep faith with a nation with whom it 
makes a treaty and a contract. I do believe that keeping faith 
with China, extending these laws for another ten years, we shall 
have practically eradicated the evil, if it be one, and I agree 
that it is one, resvdting from this undesirable class of immigra- 
tion. 

The PRESIDENT pro tempore. The time of the Senator has 
expired. 

Mr. CHANDLER. Mr. President, I think logically the advo- 
cates of the Senate committee's amendment ought to vote for the 
ami?ndment of the Senator from Connecticut. Certainly tlie 
adoption of that amendment will have a beneficent effect upon 
our relations with China. Perhaps I ought to vote for it, be- 
cause we have the assurance of China that if we will do that my 
late colleague will be willingly received as minister to that Em- 
jiire. Senators will realize what they ai'e voting in the faca of 
if they adopt the amendment of the Senator from Connecticut. 

The miui.'iter s.ays that the passing of that law while the treaty was being 
considered has had a very bad effect in China. If the President or the Sec- 
retary of State could do any thing to repeal that law .and to put in force again 
the treaties, the situation in China would be much changed; and then it 
would not make much dillerence what Mr. Blair has said and he would b« 
well received if the President asked for it. But Mr. Wharton— 



1892. 



CONGKESSIONAL RECORD— SENATE. 



3625 



There is another point to which I call the attention of the Sen- 
ate, and before we finally vote here we ought to have some light 
on the subject. Perhaps the Senator from Connecticut may give 
us some light on this subject. 

But Mr. ^\^lartOll must know tli.it the last Chinese minister had written to 
Mr. Bayard and afterwards to Mr. Blaine long notes, and that he had also 
•written Mr. Blaine notes complaining ol the passing of that law, showing by 
great American public men that— 

That is the Senator from Ohio [Mr. Sherman] and the late 
Senator from New York, Mr. Evarts — 

It was against the treaties and in violation of all the conduct of the United 
States to all other governments, aud that its passage had done great harm 
and loss to manv thousands ot poor Chinese; and Mr. Wharton must know 
that the United "States Government has not made any answer to these com- 
plaints. 

Mr. President, we are legislating here entirely in the dark on 

this subject. We are taking up a work that, if we repeal the 
Scott law and mend the broken treaty and again go back to 
those treaties, we are doing entirely in the dark. As to what 
the reasons were why there have been no answers made to the 
many complaints of the Chinese Government against the passage 
of the Scott law, about the only thing we do know is that not- 
withstanding they have refused to receive Mr. Blair on account 
of words spoken in debate in the Senate, if we will only do this 
thing, no matter what he may have said, they will take him as 
minister if the President continues to desire it. I have no knowl- 
edge on the last point. 

Mr. STEWART. Mr. President, I hope the amendment will 
not be adopted. The old law led to a great deal of fraud and 
scandal, to habeas corpus proceedings, and litigation, and fraud- 
ulent certificates, and it was impracticable in its operations. A 
great many Chinese came in under it. It was a very defective 
arrangement. There are many leaks in the jiresent law, but 
nothing like as many as existed under the other acts. They led 
to innumerable scandals. It was impossible to execute them 
with anything like decency. The Chinese had learned so many 
ways of evading them by fraudulent contrivances that it became 
a public scandal involving nearly half of the community. The 
laws were exceedingly loose, without safeguards; and it would 
be a very dangerous step to repeal the Scott law and revive those 
ancientand defective statutes. 

Mr. SHERMAN. Mr. President, I feel a good deal of hesita- 
tion in regard to this amendment. I believe the Scott law was 
one of the most vicious laws that have been passed in my time in 
Congress. I believe now and I believed then it was a mere po- 
litical race batween.the two Houses, then opposed to each other in 
politics, in the face of a Presidential election. I say it was a 
mere political race between two political parties to try and influ- 
ence the vote of the Pacific coast in the last Presidential election. 
When the bill came here it had passed the other House nem. con. 
on the day it was introduced. It came to the Senate and it was 
not referred to any committee. A proposition to postpone it for 
a few days to ascertain whether the Chinese embassy wotild not 
agree to the provisions of it as a part of the treaty was voted 
down by almost a tie vote; I believe there was one majority 
against the motion; and the bill was finally passed. 

I believe the passage of that law prevented the negotiation of 
a treaty which would have accomplished the object. The whole 
sum and substance and the only provision in the Scott law that 
had any weight or effect was the declaration that when China- 
men went to China and attempted to return they should not be 
again admitted into our eoimtry. That I believe was the only 
provision, was it not? 

Mr. MITCHELL. Chinese laborers. 

Mr. SHERMAN. That laborers who had been here and went 
over from our country to China and remained there awhile shotild 
not return. 

Mr. PLATT. And it canceled the certificates. 

Mr. MITCHELL. It canceled the certificates. Thatwasthe 
most important feature. 

Mr. SHERMAN. I believe from the light of history and from 
what I learn from the debates that if that bill had not been passed 
within two weeks after the time it did pass a treaty would have 
been made by the Chinese Government agreeing that when a 
Chinaman should return to China he should not have the privi- 
lege of coming back to America if he was a Chinese laborer. No 
one then proposed to interfere with the right of merchants to go 
and come. 

Now, if this amendment should be adopted I think the bill 
would stand with the amendment in it on stronger grounds than 
it would without it; but 1 do not myself care to vote to change 
the existing law. My inclination now is to vote against the 
amendm?nt and leave the law as it stands. We have got to be 
consistent somewhat when we attempt to carry out our laws. 
The object of the bill, as reported by our committee, is simply to 
continue the existing status for ten years longer, leaving open, 
however, all the time to the Executive authority the rie-ht to 
make treaties and to Congress the right to pass laws without 



limit. We simply provide for a bridge to go over the chasm as 
it exists. If we propose to remedy the existing things before 
now, to change the laws that exist, we may bo cmbari'assed by it. 
So I think it would be an act ot wisdom to just let the law of 
1888 and all the laws on the Chinese question stand as they are 
until Congress, with more deliberation than it can now have, may 
take up the subject and either take away some of the stringent 
provisions of existing law or modify them in some way, or nego- 
tiate a new treaty. But now wo a.vc \inilor the present spur of 
the moment, and wo have to pass this bill in some form to con- 
tinue existing laws in order to prevent tlio income of a great 
mass of population which all of us agree ought not to como? 

That is my position, although it may be not entirely consistent 
with my course, because I have been opposed to the Scott law all 
along, especially when it was inti-oduced at a time when we might 
have made a treaty. Under the eircvunstanci's I am not disposed 
to embarrass our friends on the Pacific coast by any change of 
existing law, but would simply continue the laws as they stand, 
good, bad, and indifferent, until (Jongress may at its proper leis- 
ure take up the subject calmly and consider it deliberatelv. 

Mr. FELTON. Mr. President, I have no desire to dis.jusa 
this amendment, but I do desire to correct what I deem to be a 
false impression from the remarks of the Senator from ( 'onnec- 
tieut [Mr. Platt]. I undertake to say that the census is in no- 
wise a correct enumeration of the Chinese population within the 
United States. E'er instance, in the city of San Francisco alone 
it is well understood by the police at their headquarters that 
there are between 35,000 and 30,000 Chinese within the city, while 
the census gives less than 25,000. We in the West who are con- 
versant vrith these people and their way of doing thing.s know 
of their evasions of laws before, and we know that it is not in 
accordanca with their theories, their aims, their ambitions, and 
their interests to give a proper enumeration of them. When- 
ever they can evade it, I desire to assure the Senate they will 
do it, and have done it. 

Mr. DOLPH. Mr. President, I hope this amendment will not 
prevail. The Senate Committee on Foreign Relations concluded 
after a fair deliberationto reporta bill extending all existing laws, 
including the Scott law. Whatever changes that law nride in 
the treaty have been acquiesced in virtually by China. Oiu- dip- 
lomatic and other relations have continued substantially unim- 
paired. The most important objection to the Scott law was the 
fact that it cancelled the certificates of Chinese laborers who 
were out of the country holding certificates entitling them to re- 
turn. Undoubtedly most of the Chinamen whose certificates 
were cancelled have entered into other employment, and proba- 
bly not many of them would desire to return again to the United 
States. But to repeal the Scott law would change the existing 
status and allow Chinese laborers to go abroad with certilicates 
entitling them to return and open the door again to the almis- 
sion of any number of Chinese laborers. 

Mr. GRAY. I should like to ask the Senator from Oregon be- 
fore he takes his seat wliether the law as it existed prior to the 
enactment of what is called the Scott law was confined, in its per- 
mission to Chinese laborers to go abroad and come back again, to 
those who were in the country at the date of the treaty, that is, 
November, 1880? 

Mr. DOLPH. I am not prepared now without an examination 
of the treaty to state. 

Mr. GRAY. That is true, I think. 

Mr. DOLPH. I do not know whether it extended to Chinese 
laborers who came in afterwards or applied only to those who 
were here at the date of the treaty, but if the Senator is correct 
that will only make the argument made by mo all the stronger. 

Mr. GRAY. So that the Scott law in effect merely U ok away 
from all laborers, whether they were here at the time of the 
treaty or subsequently came, the right to go and return. 

Mr. DOLPH. It took away the right to return from those al- 
ready abroad. The worst feature of it, if I may b.^ allowed to use 
the expression, the most objectionable feature to anyone who 
opposed the law would be the fact that it cancelled outstanding 
certificates and prevented the return of those who had been once 
here and gone back with the understanding that under the treaty 
and existing laws they could return and had csrtificate.s enti- 
tling them to return. 

Mr. GRAY. That is the fact. 

Mr. DOLPH. But we could not make any adequate restitu- 
tion by the repeal of the Scott law, and I do not think it advisa- 
ble to disturb existing laws. 

Mr. GRAY. That may be, but a repeal of the Scott law wou.d 
only in that view bring about this state of things, that no Chi- 
nese laborer who is here now could go back to China and roturn 
unltss he had been here in November. 1880. 

Mr. DOLPH. That is possibly true. 

Mr. GRAY. And that would confine the right of going and 
returning to, I suppose, a very small class of Chinese laborers. 

Jlr. STEWART. That is, if the law could bo executed. 



3626 



CONGRESSIONAL RECORD— SENATE. 



Apkil 2^k 



Mr. GRAY. If the law could be executed. 

Mr. STEWART. You can not pick tlaem out. 

Mr. GRAY. That is another phase of it. 

Mr. MITCHELL. Mr. President, I shall vote with the com- 
mittee against this proposed amendment, although in my view 
of the state of the law and of the proposed leg-islation it does not 
make very much difference whether the amendment is adopted 
or not. My impression is that even if the amendment were adopted 
the Scott law would stand all the same forever, until it was re- 
pealed. I do not think the amendment as proposed bj^ the Sen- 
ator from Comiecticut would operate as a repeal of what is known 
as the Scott law. 

The Scott law, as I understand it, is an independent act, al- 
though it says something in the title about being supjilementary. 
At the same time I do not think the Scott exclusion act expires 
with the acts of 1882 and 1884. I think they might expire and 
the Scott exclusion act would remain and continue on. There 
may be a question , however, in that view of the case as to whether 
the amendment proposed by the committee would not operate as 
a limitation upon the existence of the Scott act, making what is 
a perpetual act as it stands now an act that would only be vital 
for ten years. But taking it altogether, I shall risk the position 
of the committee and vote against the amendment of tlie Senator 
from Connecticut. 

Mr. DOLPH. I will state to my colleague if ho has any feai's 
that the Scott law was a continuing; act it would limitit to insert 
after the words ' ' descent " the words ' ' shall expire by their own 
limitation." and oonline this extension to those acts which exjiire 
by their own limitation. 

Mr. MITCHELL. That would do very well, but that would 
still leave oj^en the question, if it should tuiii out that I am wrong- 
in my opinion that the Scott law is permanent. 

Mr. DOLPH. This would extend the Scott law, because it 
woidd expire then by its own limitation or by being- limited by 
reference to another act. 

Mr. MITCHELL. J think it is in pretty g-ood shape the way 
the committee has fixed, if we simply intend to extend the ex- 
isting- law. 

Mr. DOLPH. I am inclined to think myself that the Scott 
law falls with the other, being- built upon it as a supplemcntarv 
act. 

Mr. SHERMAN. I should like to have the Scott law read if 
the Senator has it. 

Mr. MITCHELL. I have it here. It is short. 

Mr. SHERMAN. Let it be read at the desk. 

The PRESIDENT irro tempore. The law of 1888 will be read. 

The Chief Clerk read as follows: 

iV it enacled, etc.. That from and alter the passase of this act it shall beu-u- 
lawful for any Chinese laborer who shall at any timo heretofore have been, 
or who may now or hereafter be, a resident within the United States, and 
Who shall have departed, or shall depart therefrom, and sliall not have re- 
tm-ned before the passage of this act, to retiu-n to, or remain in, the United 
States. 

Sec. 2. That no certificates of identity provided for in the fourth and fifth 
sections of the act to which this is a supplement shall hereafter be issued; 
and every certiflcate heretofore issued in pm-suance thereof is hereby de- 
clared void and of no effect, and the Chinese laborer claiming admission by 
virtue thereof shall not be permitted to enter the United .States. 

Sec. 3. That all the duties prescribed, liabilities, penalties, and forfelttires 
imposed, and the power.? conferred by the second, tenth, eleventh, and, 
twelfth sections of the act to which this is a supplement are hereby extended 
and made applicable lo the provisions of this act, 

Seo. 4, That all such part orparts of the act to which this isasupplement 
as are inconsistent herewith are hereby repealed. 

Approved, October 1, 1888. 

Mr. DAWES. Mr. President, I shall vote for this amendment 
without regard to the effect it may have upon what is called the 
Scott law. for the reason that the Scott law was passed imder cir- 
cumstances veiy peculiar and which I have not heard lately any 
man approve. It was passed by both Houses of Congress almost 
in a single day. It passed the other House without being re- 
ferred to a committee upon the day it was introduced there. It 
was passed very soon afterwards by the Senate, without reference 
to anv committee. 

Mr": SHERMAN. Within three days. 

Mr. DAWES. It was enacted in the face of a treaty in which 
we had covenanted that those Chinese who had already come to 
this country under the encouragement of the treaty stipulations 
might go and come and remain as citizens of the United States 
arc permitted'to go and come and remain. Instantly, without a 
single hour's warning, evoi'y one of those Chinamen who had 
gone abroad under this stipulation had the gates shut down be- 
tween him and this country and all they had here that would 
induce them to remain here or come here for any purpose, ex- 
cejit a few. A man might come if he had a wife and a child, 
and there were one or two other such exceptions; but without 
the slightest warning to all others who went on the faith of a 
treaty abroad that stipulated they might return we passed that 
law that they should never come back to this country. We 
passed it under such circumstances which could never, it ap- 
pears to me, meet the approval of Congress again. 



The question comes up here to-day under calmer times and 
when reason seems for this time and on this subject to have some 
sway, and yet we are asked to-day to approve of that proceeding. 
Four years after it has passed Congress, looking back upon it, 
Senators have been free to say that their participation in it they 
regret exceedingly, and yet -we are asked to i-eaffirm what -.ve did 
then. We see now that if we had not done it the way would 
have been clear for a reasonable and stringent, if you rnay say, 
law sufficient, and a treaty stipulation sufilcient to exclude all 
such Chinamen whose presence would be injurious here. 

I am ready to go as far as anyone in the enactment in accord- 
ance with treaty stipulations of any law that shall exclude any 
Chinaman or, anj-one of any other nation wiiose presence here is 
injurious to our society or our institutions, I am ready to coop- 
erate in an effort to make treatj' stipulations with China or any 
other nation; but I am not ready now, looking- back for foui- 
years and i-oeoUecting the circumstances tmder which that law 
was passed, to reaffirm, as the bill in its present shape does, all 
that was done then, and stamp it with the approval of to-dav. 

Mr. VEST. Mr. President, I voted for tlie Scott law and I 
shall vote for it again. I do not choose to be put in the role of 
those who are in a penitential mood over that tranriac^tion. I voted 
for it. as I have voted for all laws which I believed would pre- 
vent a Mongolian inundation on the Pacific Slo])e or any other 
portion of this cotintry. I voted for it as I am willing to vote for 
an\- law that will prevent so great a calamity to this country. 

The Chinese ai-e stii generis emphatically. They do not belong 
to the general category of immigrants into this country. They 
do not assimilate with the American people. Totise'a better 
word, they do not homologate with our people at all. They are 
political parasites. They do not come here for the pui-pose of 
assisting in working out the great problem of American repub- 
lican government upon this continent. 

My conscience has never been lacerated and torn by any legisla- 
tion doing away with the treaty when seK-preservation demanded 
that we should take immediate action to protect ourown jjeople. 
The Supreme Court of the United States has time and again de- 
cided that Congress had tlie right by an act of both Houses, ap- 
pi-ovtd by the President, to do away with any treaty. While I 
hold this opinion, I am convinced that the Scott law has worked 
well and thei-e is now no imminent and overwhelming danger of 
an inundation of Asiatics upon the Pacific Slope of this country. 

I have vetoed to sustain the report of the Committee on Foreign 
Relations exactly as I would vote anywhere else as a legislator 
when the principal argument against an existing law was that 
it had not t)een enforc-ed. W^hat would be thought of the legis- 
lator who had assisted in pas.sing a law for punishment by im- 
prisonment in the penitentiari" for ten years when he was told 
that that penalty ought to be changed into a death penalty be- 
cause the ten years in the penitentiary could not be enforced? 
If the Scott law is not strictly enforced it is tlie fault of admin- 
istration. The law, if enforced, is ample: and if it is enforced 
partially, as it has been, there has bsen no tremendous increase 
of Asiatics upon the Patdlic Slope, as has been alleged here la 
this debate. 

But more than that, Mr. President, if the words of the late 
minister to China, John Russell Yoimg, just jjublished in the 
Noi'th American Re^aew, are true, then we should go no further 
in this direction than is absolutely nsccssary for the protection of 
our own people. I have supported the Committee on Foreign Re- 
lations because I believed that we had already a remedy sufficient 
ine.xistinglaw toprcvent this greatevilof which I have spoken, 
and I did not think it proper to go further and needlessly and 
ruthlesslj- oft'end the Chinese Government when it did not be- 
come necessary for the protection of our own people. As a matter 
of justice, however, if Mr. Young is a credible witness, the 
Chinese Government is not to blame for any amount of immi- 
gration to the soil of the United States of their people. He 
says: 

The Chine.se are blamed for what is our own fault. We denoimce the 
Chinese Government for the immigration of Chinese and overlook the fact 
that thisimmiirratiouisfrom an English port andituder theEnglish flap, and 
that China has no more control over it than over the iminigi-ation of Irish- 
men from Londonderry, 

If that assertion be true, coming from our late minister to 
China, we should be careful not to insult or outrage the senti- 
ment of the people of China or the Government of China one 
hair's breadth further than is absolutely- necessary to exerci- ■ 
the right of self-preservation for our own people. 

I am willing, if I believed it was necessai-y, to go as far as an.. 
Senator from the Pacific Slope to protect the people of this coun- 
try from this inundation of Chinese. In the Southern States 
we have seen the ruinous effect of taking a people unprepared 
for citizenship who knew nothing about making- laws and sud- 
denly lifting them into the sphere of determining tlic destiny 
of tlie people of the United States. We have seen there the 
ruinous effect of such experiments, and with the humble negro, 
who assimilates himself with us in our institutions, who is essen- 



1892. 



CONGRESSIOJS^AL RECORD— SENATE. 



3627 



tiaiy imitative in every thing-, to go further aud take a people who 
can never become Americans, who can never be anything else but 
political parasites, and to enable them to flood this country to 
such an extent as either in labor or society or political affairs to 
exercise any material influence shall never come about by anj- 
vote of mine. 

Mr. CALL. Mr. President, I shall vote for the amendment 
proposed by the Senator from Connecticut. These general terms 
are very eloquent, but shall wo adopt a rule that nobody shall 
come to the United States who does not homologate with our 
people, as the Senator from Missouri says? How manj' hundreds 
of thousands of people are there who come here who have no 
sympathy v.'ith free institutions? How can you apply these doc- 
trines? If it be said that the Chinese are incapable of improve- 
ment, upon what data does the Senator from Missouri found that 
proposition? They are among the most civilized people of the 
country, from whom we have derived, as I have shown, many of 
our most valuable discoveries and inventions. 

Ivlr. President, let us have something- practical. There is no 
trouble in any State excluding every Chinaman. There is no 
trouble in having a treaty made that will enable them to do it. 
There is no reasonable danger of any overflow in this country by 
the Mongolians. But if there were a million of them here the 
people of this country ai-e capable of holding them in subjection 
and of keejiing them from containing any control or domination. 
Wo are capable of establishing systems of labor that will prevent 
them from competing injuriously with our country. There is no 
trouble in keeping the Chinese out of this country or out of any 
State without resorting to these harsh and imi-easonable pro- 
visions. 

Jlr. SANDERS. Mr. President, in some observations which 
I made Saturday upon a condition of affairs found by a joint 
committee of the two Houses of Congress to exist in San Francisco, 
I took occasion to condemn that condition of affaii-s as heing un- 
worthy of any judicial tribunal. I did express the opinion that 
it did not continue. It was said that complaints being made by 
Chinese persons that they were unlawfully detained, writs of 
habeas corpus were issued by the courts, and when upon an in- 
quiry as to whether they were lawfully or unlawfullj- detained, 
it was adjudged that they were lawfully in custody, not 5 per 
cent of them could bo found trfbe returned to the custody from 
which they v/ere taken by the writ. I expressed a belief that 
that condition of things did not continue, and I rose sunply to 
say that I am reliably informed from San Francisco by parties 
in a situation to know that no such condition of affairs to-day ex- 
ists. The courts in that city refuse to accept Chinese bail, for 
they have found it to be worthless, and as a result of enforcing 
the law in that spirit the number of habeas corpus cases has 
diminished from 7,000 in the year 1888 to 2 within the last six 
months. 

Mr. DOLPH. Two cases or 2,000 cases? 

Mr. SANDERS. Two cases. 

The PRESIDENT pro tcmjjorc. The question is on agreeing 
to the amendment of the Senator from Connecticut. 

^Ir. PLATT. On that let us have the yeas and nays. 

:Mr. PALMER. I\Ir. President, if this were a question of the 
exclusion of immigrants in the ordinary sense of the term, men 
who come to the United States with their wives and children and 
assume the responsibility which belongs to civilized manhood, I 
should hesitate. But I understand from all I have heard that 
this is an invasion of Chinese men, who come into the country 
for their own temporary purposes, and in the natui-e of things 
they do not assume the ordinary burdens and responsibilities of 
manhood, and they can much more easUy elude a law passed for 
their exclusion. 

I SOS no reason why we should not exclude the Chinese men 
who come into- this country and assume none of the duties not of 
citizenship alone, but none of the duties of manhood, who do not 
intend to remain, but who come to earn what they may rightfully 
earn and then return to their own country.. I see no difficulty in 
excluding them; and when we keep within the limits of legal 
justice and charity I am in favor of the most rigorous laws. The 
distinction is a very wide one between immigration and the mere 
migration of these herds of laborers. 

Mr. GRAY. Mr. President, I have never found any difficulty 
in gaining my own consent to vote for any measure of exclusion 
of the Chinese that seemed to be necessary by the condition of 
things on the Pacific coast where they most abound.. I do not 
believe that it accords with the best interests of that people 
or any other people to introduce an alien race among them, 
nor a_ labor element that wUl come in competition with the 
American laborer who performs work on such different princi- 
ples and surrounded by essentially different conditions. 

I therefore have voted, as the Senator from Missouri [Mr. 
Ve.st] said he has voted, for every measure of Chinese exclusion 
that has come before the Senate since I have been a member of 



it. But I shall vote for the Senate substitute and against the 
House bUl because I do not believe that any exigency which 
would warrant the harshness of the provisions of the House bill 
exists on the Pacific coast. There has teen no evidence produced 
either in the Senate or before the committees to which the bill 
has been referred— certainly none before the Committee on For- 
eign Relations of the Senate— to show that any condition exists 
on the Pacific coast which demands tlie enactment of a stronger 
measure of exclusion than we already have. 

I did not understand the junior Senator from Oregon [Mr. 
Mitchell] to cite any evidence to the effect that the present laws 
of exclusion do not operate to substantially prevent any ingress of 
Chinese within our borders. The condition of things which he 
cited from a newspaper as existing in San Francisco is deplorable 
enough, but it exists by reason of the presence of Chinese whoare 
already there, and I do not imderstaud that he even said that 
that was increased by the importation of Chinese at the present 
time or that the present laws do not sufficiently exclude them. 

But I can not vote, altliough I thought at first I might be able 
to do it, for the amendment of the Senator from Connecticut, 
because I can see that there are difficulties of administration in 
regard to the law existing prior to tlic law of 1888 which might 
create a grievance of which the people on the Pacific coast 
would have a right to complain. 1 shall feel compelled to vote 
against that amendment and by my vote seek to establish and 
continue the present condition of statute law in that re"-ard. 

The PRESIDENT pro tempore. The Senator from Connecti- 
cut [Mr. Platt] demands the yeas and nays on agreeing to the 
amendment submitted by him. 

The yeas and nays were ordered, and the Secretary proceeded 
to call the roll. 

Mr. COLQUITT (when Mr. Butler's name was called). The 
Senator from South Carolina [JSIr. Butlkr] is paii'ed with the 
senior Senator from Pennsylvania [Mr. Cameron]. I am au- 
thorized to state that if the Senator from South Carolina [Mr. 
Butler] were present and unpaired he would vote in the affirm- 
ative upon this question. 

Mr. CASEY (when his naftie was called). I am paired with 
the Senator from Florida [Mr. Pasco]. As I do not know how 
he would vote, I withhold my vote. 

Mr. DAVIS (when his name was called). I am paired with the 
Senator from Indiana [Mr. Turpie]. If he were present I should 
vote "yea." 

Mr. HARRIS (when his name was called). I am paired v.-ith 
the Senator from Vermont [Mr. Morrill]. 

The PRESIDENT pro tempore (when Mr. Manderson"S name 
was called). The oecupantof the Chair is paired with the Sena- 
tor from Kentucky [Mr. Blackburn). 

Mr. MILLS (when his name was called). I am paired with the 
Senator from New Hampshire [Mr. Gallingeh]. 

Mr. POWER (when his name was called). I am paired with 
the Senator from Louisiana [Mr. White]. If he were present 
I should vote "nay."' 

Mr. McMillan (when Mr. Stockbbidge'S name was called). 
My colleague [Mr. Stockbridge] is paired with the Senator from 
Maryland [Mr. Gibson]. 

Mr. BERRY (when Mr. Teller's name was called). I am 
paired generally with the Senator from Colorado [Mr. Teller]. 
He was compelled to be absent this evening, and stated that he 
would vote "nay," and I voted "nay." The Senator from Colo- 
rado would vote "nay " if he were present. 

The roll-call was concluded. 

Mr. COCKRELL. I am paired with the Senator from Con- 
necticut [Mr. Ha-wley]. I do not know how he would vote, 
whether for or against the amendment, and therefore I with- 
hold my vote. 

Mr. CALL. My colleague [Mr. Pasco] is paired with the Sena- 
tor from North Dakota [Mr. Casey]. I do not know how my 
colleague would vote. I desire to state that he is detained a"t 
home by important business. 

Mr. DOLPH. I will announce my pair with the Senator from 
Mississippi [Mr. George]. 

The result was announced— yeas 8, nays 45; as follows: 
yeas-8. 
Bate. 
Blodgett. 

Allen. 

Allison. 

Barbour. 

Beny, 

Brice, 

Carey. 

Carlisle. 

Chandler, 

Coke, 

Colquitt. 

CuUom. 

Daniel 



Call. 


Ducon. 


Platt. 


Dawes. 


Frye. 

NAYS-4.->, 


Pugh 


Dubois, 


McPbei'SOU. 


Squire. 


Felton, 


Mitchell, 


Stewart. 


Gorman. 


Morgan. 


Vest. 


Grav, 


Paddock. 


Vilas, 


Hale, 


Paluior, 


Walthall. 


Hansbroii!;li. 


Peffer. 


■Warren, 


Hlggin.s. 


Perkins, 


Washburn 


Hiscock, 


Proctor, 


Wilson. 


Jones, Ark. 


Sanders, 


Wolcott. 


Jones, Nev. 


Sawyer, 




Kvle, 


Sherman. 




McMillan, 


SUoup, 





For subject see Index. 



3()28 



C0NGKES8I0NAL EEOORD— SENATE. 



April 25, 



Aldrkli. 

Blacklnirn, 

Butler, 

Cameron, 

Casey, 

Cockrell, 

Davis, 

Dolph, 

Faulkner, 



NOT VOTING— 35. 

GalliUBer, Irby. Ransom. 

George, Kenna, Stanford, 

Gibson, La. Maudei'sou, Stockbridge, 

Gibson, Md. Mills, Teller, 

Gordon, Morrill, Tiirple, 

Harris, Pasco, Vance, 

Hawley. Pettigrew, Voorhees, 

Hill, . Power, White. 

Hoar, Quay, 



So the amendment was rejected. 

Mr. CHANDLER. In section 4, lino 2, I move to strike out 
the word ''once;"' in line 3, after the words ''United States, " to 
insert "shall be imprisoned at hard labor for a period of not ex- 
ceeding six months, and thercaft,_ii' removed from Ihj United 
States as hereinbefore provided, and any such Chinese person or 
person of Chinese descent having been once so convicted," and, 
in lino 7, to strike out "six month.s" and insert "one year."' 
Mr. BUTLER. How will the clause then road? 
The PRESIDENT pro tempore. The section will be read as 
proposed to bo amended. 

The Chief Clerk. It is proposed to amend the section so 
as to read: 

Tliat any such Chinese i)erson or person of Chinese descent convicted and 
adjudged to be not lawfully entitled to be or remain In the United .States 
shall be imprisoned at hard labor for a period of not exceeding six months 
and thereafter removed from the United .States as hereinbefore provided, 
and any such Chinese person or person of Chinese descent having been once 
so convicted and having been once so remove 1 from tl>e United States in 
piu-suance of such conviction, who sliaU lie subsequently convicted lor a like 
offense, shall be imprisoned at hard labor for a period of not exceeding one 
year, and thereafter removed from the United States, as hereinbefore pro- 
vided. 

The PRESIDENT jtro Innjinrc. The question is on agreeing 
to the amendments to the section proposed by the Senator from 
New Hampshire [Mr. ChandlkrJ, which question will bo taken 
in gross unless there be objection. 

Mr. PLATT. I should like to ask the Senator from New 
Hampshire if he thinks that a Chinese laborer having once come 
to the United States and having been convicted here for being 
here, and imprisoned six months at hard labor, would be likely 
to come back again after he had been removed from the United 
States? • 

Mr. CHANDLER. The Senate committee seemed to think 
that a second coming was possible. Senators will notice that 
the original House bill, section 7, provides that any Chinese 
person coming here contrary to law " shall bo imprisoned in a 
penitentiary for a term of not exceeding five years, and at the 
expiration of such term of imprisonment be I'emoved from the 
United States to the country whence hv< came."' The Senate 
provision is only for imprison"ing a Chinaman unlawfully coming 
here on a second conviction. It has been already developed in 
this debate that the deportation of Chinamen who come here un- 
lawfully, without imprisoning thom, does not deter them from 
coming. 

Now, this is merely a question of adeciuate penalty. We pass 
this proposed law. We exclude these Chinamen, and they know 
they have no right to come here. It they come here there ought 
to be an adequate penalty to jiunish them for coming. The pen- 
alty of deportation is not sufficient, for our experience has shown 
that they come here just the same. If they come across the bor- 
der and are sent back across the border they come again. 

The universal judgment, I think, of Senators from the Pacific 
coast and others who are familiar with this subject and desire a 
rigid and stringent enforcement of the existing law is that there 
should be a penalty of imprisonment iqion the first conviction of 
a Chinaman for coming- here contrary to law. I do not ask that 
there shall be a five years' imprisonment, but I submit that if 
the law is to bo effectually enforced there should hi some im- 
prisonment, no matter how short, for coming hero contrary to 
law. 

Mr. FELTON. I hope we shall have a vote upon the pending 
question, because I desiro to offer an amendment which I think 
is important. The time is getting late, and I desire to have it 
acted upon to-night. 

The PRESIDENT ino tempore. The question is on agreeing 
to the amendment proposed by the Senator from New Hampshire 
[Mr. Chandler]. 
The amendment was rejected. 

Mr. FELTON. I offer the amendment which 1 send to the 
desk. 
The PRESIDENT^ )-ote?Mporc. The amendment will be stated. 
The Chief Clerk. It is proposed to insert after line 6, at the 
end of the first section: 

And that it shall be the duty of all Chinese persons, except diplomatic and 
other ofHcers and their bodV and household servants, within the limits of 
the United States at the time of the passage of this act to apply for and ob- 
tain from the collectors of internal revenue in their respective districts, 
within one year after the p.assage of this act. certificates of residence; and 
any such Chinese pcrs( m within the limits of the United States who shall fail 
or refuse to comply with the provisions of this act, or who, within one year 
after the passage hereof, shall be found without such certificate of residence, 



.sh.all be a<l.iudged by the court before whom he may be brotighl as being un- 
lawfully within the limits of the United States, and shall be subject to the 
same liiies and penalties as if he had unlawfully come into the United States 
iuthe first instance as in this act provided. 

That iuunediately after the passage of this act the Secretary of the Treas- 
ury shall make rules and regulations and prescribe the necessary forms to 
enable the Treasury Dep.irtment to issue the certificates required hereby. 
Such cei'tilicates may b-,- Isstied by the collector or deputy collector of inter- 
nal revenue nearest the place where such Chinese resides. The certificate 
shall contain a true photographic copy of the applicant, together with his 
name, age, local residence, and occupation, and a duplicate of the same 
shall be retained In the ofllce of said collector of Infernal revenue. That In 
the case of the loss or destruction, proven to be without the fault of any Chi- 
nese, of his certificate of residence issued to him, a duplicate may be Issued 
to him under rules .and regulations which may be prescribed by .said Secre- 
tary of the Treasury. 

That the Secretary of the Treasury may appoint additional deputy collect- 
ors for the purpose of enforcing this section, and the sum of if 100,000 is hereby 
appropriated out of any moneys in the Treasury not otherwise appropriated 
to carry out the provisions of this section. And it shall Ise the duty of all 
Chinese persons, except diplomatic and consular ofllcers entitled to come 
and remain in the United .'-states, upon entering the United States, to apply 
for and obtain from the colle''tor of customs of the port at which they enter 
like certlllcates. showing their right to remain in the United States; and 
immediately after the passage of this act the Secretary of the Treasury shall 
make the necessary riUes and regulations to enable collectors of customs 
to isstie such certificates. 

Mr. DOLPH. I wish to say to the Senator from California 
that in hearing the amendment road. I think he has made amis- 
take in providing that if the Chinaman bo found here within 
one year after the passage of the act without the certificats, he 
shall be ari-ested. I think what the Senator intended to .say is, 
that if h-3 b,! found after the expication of one year he shall be 
arrested. 

Mr. PKLTON. That was my intention. 

Mr. DOLPH. I ask that the amendment be so modified. 

The PRESIDENT jiro tempore. The modification will be 
stated. 

The Chief Clerk. In the ninth line strike out the word 
"within"' and insert the words "at the expiration of ;"' so as to 
read: 

And any such Chinese per.-iou within the limits of the United States who 
shall fail" or refuse to comply with the provisions of this act, or who, at 
the expiration of one year after the passage hereof, etc. 

The PRESIDENT pro tempore. The question is on agreeing 
to the am ;ndment of the Senator from California as modified. 

Mr. FELTON. Mr. President, I have ofTered the amendment 
for the purjKjse. as I believe, of making thepres3ntlaw,_the Scott 
law, onorative wherein it is now inoperative. There is no pro- 
vision'ln that law which at all prevents the incoming of Chinese 
across oar frontier. They come to the countries adjoining us, 
pass over the border, and the instant that they are here it is very 
difficult, almost impossible, to distinguish one from anothei'. If 
this amendment should jiass the result would be that within the 
tini- prescribed all Chinamen entitled to remain in thiscountry 
would have a certificate or a passport practically showing that 
fact. If one were foun-i without it that one might be distin- 
guished and suffer the lienalties of the law. 

I think this would be no hardship upon these people. Our own 
people are required to regist jr for other purposes. There is no im- 
putation upon these people, nothing against their rights, so long 
as they are here, as I see it, and if they are simply honest it will 
prevent collusion between them and the others coming in. I am 
unable to s;e that it is a violation of the present law or of any 
treaty obligation in relation to the matter. The facts remain 
that the borders are utterly without any law to prevent the in- 
coming of these people. The treaty provides that the laborers 
are not entitled to come in any more. I should like very much to 
see the amendment passed. 

In this connection I desire to say that the Senator from New 
York [.Mr. HiscocK], able and distinguished as he is, has, in my 
opinion, an entirely wrong view in regard to the present law be- 
ing sufficient for this purpose. The Senator is of the opinion 
that wo of the Pacific coast by enforcing the law would be en- 
abled to exclude all Chinese who were not entitled to remain in 
the country. In order to do this we would s;.>lect, for instance, 
some one person and we would arraign him, believing that ho 
was not entitled to be here. He would immediately swear that 
he was entitled, that lie had been here ten years, and he could 
get any quantity of his countrymen to indorse that proposition. 

What gentleman upon this coast can not understand is the fact 
that the Chinese have no morals, no regard whatever for the 
sanctity of an oath. With them the end justifies the means, 
and the end is to come in here and possess themselves of what 
we have and return to their own country with it. and let another 
herd come and take their place. 

Mr. HISCOCK. Mr. President, I regret extremely if tinder 
this bill, in the event of its passage, California should find itself 
unable to have it executed; but is there danger of that? As I 
understand, section 13 of the law will be in force, and it provides: 

That any Chinese person, or person of Chinese descent, found uul.awfully 
in the United States, or its Territories, may be arrested upon a warrant is- 
sued uuon a complaint, under oath, filed by any party on behalf of the United 
States, by any justice, judge, or commissioner of any United States court. 



1892. 



CONGRESSIONAL EECORD— SENATE. 



3629 



He has a summary trial there. 

Mr. PELTON. How are you going to identify him? 
Mr. HISCOCK. He has to identify himself. I answer the 
Senator, and I have but five minutes, that he is compelled to 
indentify himself. He is compelled to prove that twelve years 
ago, when the treaty of 1880 was negotiated, he was hero; that 
he came in here lawfully; that he had a right to be here, and 
that he has not been home and returned since. 

If these people have i-eached that stage of morals that you 
have described— and I do not doubt it, I am not questioning it — 
I see it is advertised, and they are exhibited in the California 
papers which are read hero, as an attraction, I suppose, to visit 
the city of San Francisco, and I have been told that they are 
underapolice espionage, and strangers are conducted through 
these dives and ijlaces to see them as the greatest living cui'iosi- 
ties there, rather than to bo punished for violation of the law. 
I do not undertake to say that these things are true, but if they 
are in that state of degi'adation that you have described, what 
one of your justices, what one of your judges, what one of your 
officers there will believe them? They will i-equire to have 
something besides Chinese evidence to establish their identity. 
The burden of proof is upon them to do it, and it a whole bat- 
talion of Chinamen might advance and swear that they knew 
that a man was there twelve years ago and entitled to a domicile 
in the United States it would have no effect whatever on the ju- 
dicial mind of a judicial officerin the judicial State of California. 
As is suggested by the Senator from Ohio [Mr. Sherman], the 
accusation that tlio law can not be enforced is an arraignment of 
the whole judiciary system of the country. I have seen, and so 
have you, Mr. President, a dozen men go upon the stand, so de- 
graded that they were not entitled to credit, and, witli their evi- 
dence all one way, the jury finding a verdict the other and the 
judge sustain it. This evidence is to be weighed, and to bs 
weighed by men, if they are human, prejudiced against these 
people. 

Mr. FELTON. Mr. President 

The PRESIDENT pro tempore. The Chair calls the attention 
of the Senator from California to the fact that ho has spoken 
once on this amendment. 

Mr. HISCOCK. If I have any tima left, I will yield it to the 
Senator. 

The PRESIDENT pro tempore. The Chair does not under- 
stand that that can be done under the rule. The Senator from 
California can proceed by unanimous consent. 

Mr. FRYE. I ask imanimous consent that the Senator from 
California be permitted to proceed. 

The PRESIDENT pro tempore. If there be no objection, the 
Senator will proceed. 

Mr. FELTON. Only one word, Mr. President. If, as the 
Senator from New York said, there shall bo no justice in any 
court whatever and a Chinese oath is not to be taken under any 
circumstances, then I will grant that the Senator's position is 
correct, but not otherwise. 

Mr. STEWART. The Chinese are the only witnesses that can 
b3 found under such circumstances, and under the civil rights 
act they are permitted to testify. 

1 have had some experience in relation to Chinese testimony. 
About forty years ago I was the district attorney of Nevada 
County, Cal., and tried the first murder case in which Chinese 
testimony was used. I labored very hard to ascertain what re- 
gard Chinamen had for an oath. A Chini se missionary. Rev. 
Mr. Speer, who had been in China for a long time, was then 
living in San Francisco, and was familiar with them. I sent for 
him, and the board of supervisors made an appropriation to send 
for everybody who knew anything about the matter. There 
were a large number of people there who had lived in China, and 
they came to attend the trial. The question was how an oath 
could be administered. Some stated that it was the habit to ad- 
minister it by cutting off a chicken's head, others that it was by 
burning papers, and various other devices were suggested. 

Wo tried them all in order that there might not be any mis- 
take about it. We thought we would get the truth out of the 
Chinese witnesses by separating them, and so we hired rooms in 
different parts of the town, kept them separately, and brought 
them in separately; but when they came in'each one of them told 
precisely the same story in exactly the same language. [Laugh- 
ter.] 
Mr. ALLISON. Did thev tell the truth? 
Mr. STEWART. They did not; but they told the same story 
in exactly the same language, and they had undoubtedly made 
up their stories before they came there. On further investiga- 
tion we found that in China they were in the habit of using some 
torture to make witnesses tell the truth; aud whenever a crime 
was committed there the witnesses were in the habit of getting 
together and all telling ths same story; so that if they sliould 
kill or torture one they should have to kill or torture all of them. 
That was the general mode they had. 



I spent several months over this question, and finally I took it 
up to the Supreme Court. There was no objection taken in the 
court below except as to the difference in the names, Kong-Wing, 
and Ching-Chee, and all these Chinese names. I convicted my 
man and went to the Sunr^mi Court with great confidence. The 
statute required that there should be exceptions taken. None 
had been taken. I argued the case for the State and Gen. Mc- 
Connell was on the other side. He made a very learned argu- 
ment against Chinese evidence and undertook to show that tho 
Chinamen were the same as the Indians and then used the stat- 
utes against Indians testifying against a white man, and to my 
astonishment the Supreme Court held that a Chinaman was an 
Indian, and could not testify against a white man in the State of 
California. [Laughter.] 

Having had this experience with them, I have observed their 
testimony in the courts of San Francisco and on the Pacific coast 
generally. There have been five or six thousand of these cases, 
and the Chinamen all come in and tell the same story. They 
have one man bailed out and substitute another for him and 
play all sorts of games on the courts. 

Because you have got a law if you think it practicable that 
you can remove a Chinaman who is improperly here, if you think 
you can get one out of one hundred tliousand of them in twenty 
years and make a case to extradite him, then I sliall be disap- 
pointed. I do not believe it can bo done. A white man, a 
stranger, can not tell Chinamen apart. They will substitute one 
for another right before your eyes and then go right on with the 
case. [Laughter.] They understand all these games to such a 
degree that the men who lecture on sleight of hand would have 
no chance with them. They would play in court a game that no 
lecturer on sleight of hand ever dreamed of as far as that was 
concerned. [Laughter.] 

The PRESIDENT pi-o tempore. The time of the Senator from 
Nevada has expired. The question is on the amendment pro- 
posed by the Senator from California [Mr. Felton]. 

Mr. MITCHELL. I can only see one objection to this amend- 
ment. The effect of this amendment, if adopted, will be, I pre- 
sume, to legalize — if that is the proper word — the remaining hero 
of all Chinamen who shall take out a certificate in a year, whether 
they are lawfully here or not. I do not know that there is any 
other way out of it, but it will have that effect. It was the opin- 
ion of Judge Field, which I read the other day, that at least two- 
thirds of ail who were here five years ago came here unlawfully, 
in violation of the law. 

The PRESIDENT pro tempore. The question is on the amend- 
ment of the Senator from California. [Putting the question.] 
The noes seem to have it. 

Mr. FELTON. I should like to have a divison on the amend- 
ment. 

Mr. HARRIS. Mr. President, it seems to me evident that we 
ai'o not going to dispose of this bill this evening. 

Several Senators. Oh, yes. 

Mr. HARRIS. I have no further remark to make. 

The PRESIDENT pro tempore. The Senator from California 
asks for a division on his amendment. 

The question being taken, there were — ayes 12 

Mr. FELTON. I withdraw the demand for a division. lam 
satisfied. 

The PRESIDENT ino tempore. The demand for a division is 
withdrawn, and the amendment is rejected. 

Mr. FELTON. I intended to offer one other amendment, 
which, in my simplicity, I thought very important in this case, 
but I rather think that I understand the temper of the Senate, 
and I have no desire to delay the matter further, so I shall not 
offer the amendment. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The amendment was ordered, to be engrossed and the bill to 
be read a third time. 

The bill was read the third time, and passed. 

The title was amended so as to read: "A bill to prohibit the 
coming of Chinese pei-sons into the United States." 

I\Ir. SHERMAN. I move that the Senate insist upon its amend- 
ment and ask a conference with tho House of Representatives. 

The motion was agreed to. 

By unanimous consent, the President pro tempore was author- 
ized to appoint the conferees on the part of the Senate, and Mr. 
DoLPH, Mr. Davis, and Mr. Butler were appointed. 

PRESIDENTIAL APPROVALS. 

A message from the President of the United States, by Mr. 
O. L. Pruden, one of his secretaries, announced that the Presi- 
dent had approved and signed on the 23d instant the following acts: 

An act (S .11.3) to establish amilitary post at Little Rock, Ark.; 
and 

An act {S.1492) to authorize the appointment of an inspect 

of plumbing in the District of Columbia, and for other purposes^ 



3630 



CONGRESSIONAL RECORD— HOUSE. 



April 25, 



HOUSE! BILLS EEFEEHED.. 

The bill (H. B. 4270) for the relief of D. P. Abbott, A. S. 
Keeves, and T. E. Smith waa ueatl twice by its title, and referred 
to the Committee oa Finance. 

The bill (H. R. ■i(i20) to authorize the Secretary of the Tr.ias- 
uvy to consent to the use of a portion of the public grounds of the 
United States in the town of Abingdon, Va., for a public street 
was read twice by its title, and referred to the Committee on 
Public Buildings and Grounds. _ . 

The following bills were severally read twice by theu- titles, 
and referred to the Committee on Post-Offices and Post-Roads: 

A bill (H. R. 5396) for the relief of W. H. Howard; and 

A bill(H. R. (U90) to amend an act entitled "An actestablish- 
inn- post-roads, and for other purposes," approved March 3, 1877. 

The following bills and joint resolution were severally read 
twice by their titles, and referred to the Committee on Military 
Affairs: .,. , ^ t^ t 

A bill (HL B. 793) to amend the military record of De L,oss 
Cramer; , ,, ., 

A bill (H. R. 6093) foi' the relief of Qumcy McNeil; and 

A joint resolution (H. R3S. 97) to-fiU vacancies which will occiu- 
in the board of managers of the National Home for Disabled 
Volunteer Soldiers on April 21, 1892. . 

The foUo\ving bills were severally read twice by theu.- titles, 
aaid referred to the Committee on Pensions: 

V bill (H.R.2073) granting a pension to Mrs. Jennie Y.Wade; 

A bill (H. R. 3587) for the relief of Jonathan Ramey, Mexican 
war veteran: , . 

A bill (H. R. 5200) for the reUet of Betsey Worthmgton: 

A bill (H. R. 5722.) increasing the pension of Meridy Smith, a 
Revolutionary pensioner; and „ ^ ,^. -, 

A bill (H. R. 7281) granting a pension to WiUiam F.C. JNmde- 
inann, late of the Jeannette expedition to the Arctic Ocean. 

CmS'KEITNE AND AR.iPAHOE RESEHTATION. 

Ml-. JONES of Arkansas. I move that the Sena.te proceed to 
the consideration of the resolution reported from the Committee 
on Indian .:\ifairs. relative to the payment to the Chickasaw and 
Choctaw Nations for their interest in the Cheyenne and Arapa- 
hoe Reservatiom 

The PRESIDENT pro tempore. The question is on the moUon 
of the Senator from Arkansas. « 

The motion was agreed to. 

EXECUTIVE SESSION. 

Mr. SAWYER. I move that the Senate praeeed to the con- 
sideration of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After five minutes spent 
in executive session the doors were reopened, and (at 5 o'clock 
and 40 minutes p. m.) the Senate adjourned imtH tea 
Tuesday, A]iril 2(i, 1892, at 12 o'clock m. 



CONFIRMATION. 

Executive nomination confirmed by Hie Soiaie April 3i 

EEGISTBE OF LAND OFFICE. 
Henry L. Besse, of Butternut, Wis., to be register of the land 
office at Ashland, Wis. 



HOITSE OF REPEESENTATIVES. 

Monday, April 25, 1893. 

Tlie House metat 12 o'clock m. Prayer by the Chaplain, Rev. 
W. H. MiLBUEN, D. D. 

The Jo\u-nal of the proceedings of Saturday was read and ap- 
proved. 

MONEY-ORDEE SYSTEM, POST-OFFICE DEPARTMENT. 

The SPEAKER laid before the House a letter from the Acting 
Secretary of the Treasury, transmitting copy of communication 
from the Postmaster-General, submitting an estimate of appro- 
priations for increased force in the office of the superintendent 
of the money-order system of the Post-Office Department; which 
was referred to the Committee on Appropriations. 
DEPUTY' MARSHiVLS, OKLAHOJLV. 

The SPEAKER also laid before the House a letter from the 
Acting Secretary of the Treasury, transmitting an additional 
report and estimates of the Attorney-General on the claims of 
persons alleged to have rendered service in Oklahoma 'as deputy 
marshals: which waa referred to the Committee on Appropria- 
tions. 

iVEBITEATION TRIBUNAL, PARIS. 

Tlie SPEAKER also laid before the House a letter from the 
Secretary of the Treasury, transmitting a copy of communica- 



tion from the Secretary of State, submitting estimate of an ap- 
propriation to-enable the President to execute the treaty stipu- 
lations between the United States and Great Britain, concluded 
February 29 and April 18, 1892, in relation to the tribunal of 
arbitration at Paris; which was referred to the Committee on 
Foreig-n Affairs. 

JUDGMENTS, COUR.T OF CLAIMS.. 
The SPEAKER also laid before the House a letter from tiie 
Acting Secretary of the Treasury, transmitting a list of judg- 
ments of the Court of Claims which requii-ean appropriation for 
their payment: which was referred to the Committee on Appro- 
priations. 

UNSURVTSYED LANDS, NEW MEXICO AND ARIZONA. 

The SPEAKER also laid before the House a letter fi-om the 
Secretary of the Interior, traaieniitting, in response to resolutimi 
of the 5th instant information relating to the unsurveyed lands in 
New Mexico and Arizona; which -^vas refei-red to the Committee 
on the Public Lands. 

PENSIONS TO CEmiAIN INDIANS. 

The SPEAKER also laid before the House a letter fi-om the 
Secretary of the Interior, ti-ansmitting, with requests; for favor- 
able action, copy of communication from the Commissionfir of 
Indian Affairs, relating to the granting of pensions and medals 
to certain Indians of tlie Standing Rock Agency: which was re- 
ferred to the Committee on Pensions. 

FRENCH. SPOLIATION CLAIMS. 

The SPEAKER also laid before the House a communication 
from the Com-t of Claims , transmitting a copy of the findings of 
the court in the French spoliation claim arising from the seizure 
of the vessel, schooner Victor; which was referred to th-e Com- 
mittee on Claims. 

SENATE BILLS REFERRED. 
The SPE APCER also laid before the House Senate bills and ioint 
resolutions; which were severally referred as indica,ted, viz: 

A bUl (S. 1188) granting a pension to Samuel P. Glenn— tO' the 
Qommittee on Invalid Pensions. 

A bill (S. 1290) to provide for the purchase of laud adjoining 
the United States naval station, Port Royal, S. C— to the Com- 
mittee on Naval Affairs. 

A bUl (S. 1303) to increase the pension of Mrs. S. A. Parquhar- 
son — to the Committee on Pensions. 

A bill (&. 1430) for the relief of Leonard I. Brp\vnsou, late first 
lieutenant Company K, Fifth Vermont Volunteers— to the Com- 
mittee on Militarv Affairs. 

A bill (S. 1543) authorizing and directing the Secretary of the 
Navy to contract for the purchase of a lot of land opposite to the 
Gosport navy-yard — to the Committee on Naxal Affairs. 

A bill (S. 1724) to prevent cruelty to children or animals in the 
JQi^dct of Columbui, and for othei- purposes— to the Committe 
onThe District of Columbia. 

A bill (S. 2171) to amend section 76G of the Revised Statutes of 
the United States— to the Committee on the Judiciai'y- 
A bill (S. 2280) to amend sections 727 and 729 of the Revised 
atutes, relating to the Districtof Columbia— to the Committee 
on tJie District of Columbia. 

A bm (S. 2331) for the erection of a pubUc building in the city 
of Woonsocket, R. I.— to the Committee on Public Buildings and 
Grounds. ^ ,, 

A bill (S. 2566) for the relief of WUliam and Mary College, of 
Virginia — to the Committee on War Claims. 

A bin. (S. 2592) granting an increase of pension to William C. 
Tarkittgton — to the Committee on Invalid Pensions. 

A bUl (S. 2593) granting an increase of pension to Samuel M. 
Campbell— to the Committee on Invalid Pensions. 

Joint resolution (S. R. 41) extending an invitation to the Presi- 
dents of the American Republics and the governors of the Amer- 
ican Colonies to participate in the World's Columbian Esposi- 
tion- to the Select Committee on the Columbian Exijosition. 

Joint resolution (S. R. 42) extending an invitation to the King 
and Queen of Spain and the descendants of Columbus to partici- 
pate in the World's Columbian Exposition— to the Select Com- 
mittee on the Columbian Exposition. 

Joint resolution (S. R. 43) requesting the loan of certain ai-ti- 
cles for the World's Columbian Exposition— to the Committee 
on Foreign Affairs. 

ENROLLED BILLS SIGNED. 

Mr. WARWICK, fi-om the Committee on Enrolled BiUs, re- 
ported that they had examined and found tinily enrolled a joint 
resolution and bills of the following titles; and the Speaker signed 

the same: , , ,, , . . ^, 

Joint resolution (H. Res. 10) for the release of all claim oi the 

United States to lot 18, section 2, governor and judges' plan, 

Detroit. 
A bill (H. R. 3927) to amend an act to provide for the per- 



1892. 



COJ^^GRESSIONAL RECORD— SENATE. 



3691 



Bervice of tlio Government for the fiscal year ending June 30, 
1892, and for other purposes, and requesting a conference on the 
disagreeing votes of the two Houses thereon. 

Mr. HALE. I move that the Senate insist upon its amond- 
meuts and agree to the conference asked by the House of Repre- 
sentatives. 

Tlie motion was agreed to. 

By unanimous consent, the President pro tempore was a\i- 
thorized to appoint the conferees on the part of the Senate, and 
Mr. Hale, Mr. Allison, and Mr. Cockrell were appointed. 

PETITIONS AND MEMOHIALS. 

Mr. SHERMAN presented memorials of 30 Methodist Episco- 
pal churches in Ohio; of 13 Presbyterian chui-ches in Ohio; of 9 
Congregational churches in Ohio; of 5 Lutheran churches in 
Ohio; of sundry Baptist churches in Springfield, Cincinnati, 
Kenton, and Lebanon, Ohio; of G Liithei-an churches in Ohio; of 
the Baptist Church of Bucyrus, Ohio; of sundry Presbyterian 
churches in Dennioon, Xenia, and West Rushville, Ohio; of sun- 
dry Congregational churches in Edinburg, Wakeman, and Bris- 
toiville, Ohio; of the First Presbyterian Church of Springfield, 
Ohio; of the congregation of the Presbyterian Church of Xenia, 
Ohio; andof the congregation of the Methodist Ej)iseopal Church 
of Defiance, Ohio, remonstrating a'gainst the opening of the 
World's Columbian Exposition on Sunday, and praying that the 
sale of intoxicating- liquors be prohibited thereat: which were 
referred to the Committee on the Quadro-Centeunial (Select). 

Ho also presented the following petitions of Low Gap and 
Shady Vale Granges, Patrons of Husbandry, of Ohio: 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture — ordered to lie on the table. 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petition ju-aying for the passage of a bill to prevent the adul- 
teration of food and drugs— ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Offices and Post-Roads. 

Petition praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts — to the 
Committee on Finance. 

Mr. CUljLOMpresented a petition of Cortland Grange, Patrons 
of Husbandry, of Illinois, praying for the passage of legislation 
for the free coinage of silver; which was ordered to lie on the 
table. 

INIr. TURPIE presented a memoiial of sundry citizens of Sul- 
livan County, Ind., remonstrating against the closing of the 
World's Columbian Exposition on Sunday; which was referred 
to the Committee on the Quadro-Ceutennial (Select). 

He also jiresented sundry petitions, collected by the National 
Woman's Christian Temperance Union of Indiana,containing 393 
individual signatures, praying that no exposition or exhibition 
for which appropriations are made by Congress shall be opened 
on .Sundaj-; which were referred to the Committee on the Quadro- 
Centonnial (Select). 

JSIr. PERKINS presented a petition of Tomahawk Grange, 
Patrons of Husbandry, of Kansas, praying for the free delivery 
of mails in rural districts; which was referred to the Committee 
on PostrOffices and Post-Roads. 

Mr. MANDERSON presented a petition of sundry citizens of 
Washington County, Nebr., praying for the passage of the But- 
terworth _ option bill; which was referred to the Committee on 
the Judiciary. 

He also presented a petition of sundry citizens of Pawnes 
County, Nebr., praying for the free delivery of mails in rural 
districts; which was referred to the Committee on Post-OflBces 
and Post-Roads. 

Mr. DAWES presented the petition of Elbert L. Porter and 
other members of the Central Square Church and Woman's 
Christian Temperance Union, of Bridge water, Mass., praying 
that a loan be granted to the World's Columbian Exposition 
only on condition that it be closed on Sunday: which was re- 
ferred to the Committee on the Quadro-Centcnnial (Select). 

He also presented a memorial of sundry members of the Seventh- 
Day Ad ventist Church of Franklin County, Mass., remonsti-atiug 
against Congress committing the United States Government to 
a union of religion and the state by the passage of any legislation 
closing the World's Columbian Exposition on Sunday, or in any 
other way committing the Government to a course of religious 
legislation: which was referred to the Committee on tlae Quadro- 
Centenuial (.Select). 

Mr. FRYE presented the following petitions of North Jay, Sid- 
ney, and Mount Cutler Granges, Patrons of Husbandry, of Maine: 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 



Petitions praying for the passage of House bill 395, defining 
lard and imposing- a tax thereon — oi'dered to lie on the table. 

Petitions praying for the free delivery of mails in the rural 
districts— referred to the Committei-- on Po.st-Offices and Post- 
Roads. 

Petitions praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts— to the 
Committee on Finance. 

Mr. PETTIGREW presented sundry petitions collected by the 
National Woman's Christian Temperance Union, of Mechlin and 
Jerauld Counties, S. Dak., praying that the World's Columbian 
Exposition be closed on Sunday; which were referred to the Com- 
mittee on the Quadro-Centcnnial (Select). 

Mr. MITCHELL presented a memorial of sundry citizens of 
Union County, Oregon, remonstrating against Congress com- 
mitting the Government to a union of religion and the state by 
the passage of any legislation closing the World's Columbian Ex- 
position on Sunday, or in an3- other way committing the Govern- 
ment to a course of religious legislation; which was referred to 
the Committee on the Quadro-Centennial (Select). 

Mr. COCKRELL. I present a petition of sundry citizens of 
Carthage, Mo., together with the affidavit of C. B. Stickney and 
T. M. Garland, praying that a pension be granted Mrs. Ann 
Bradford, for whom a bill has already been introduced. I move 
that the petition be referred to the Committee on Pensions, to 
accompany the bill. 

The motion was agreed to. 

EEPORTS OP COMMITTEES. 

Mr. HALE. I am directed by the Committee on Appropria- 
tions to report back the bill (H. R. 7093) making appropriations 
for the naval service for the fiscal year ending June 30, 1893, and 
for other purposes, with sundry amendments, which I ask may 
be pi'intsd. I shall call the bill up at some near day in the fu- 
ture. 

The PRESIDENT pro tempore. The bill will be placed on the 
Calendar. 

Mr. VILAS. I am instructed by the Committee on Claims to 
report back adversely the bill (S. 1.585) for the relief of the 
New Orleans and Bayou Sara Mail Company, and to submit a 
report thereon. At the request of the junior Senator from 
Louisiana [Mr. White], made before he left for his home. I 
suggest that the bill and report be placed ujjon the Calendar. 

The PRESIDENT pro tempore. The bill with the adverse re- 
port will be placed upon the Calendar. 

Mr. ALLEN, from the Committee on Claims, to whom was re- 
ferred the bill (S. 142(i) for the relief of Dabnej-, Simmons & 
Co., submitted an adverse report thereon; which was agreed 
to, and the bill was postponed indefinitely. 

Mr. SHERMAN, from the Committee on Foreign Relations, 
to whom was referred the bill (S. 2910) to authorize Admiral 
George Brown, Capt. George C. Remey, Lieut. George S. Dyer, 
Medical Inspector George W. Wood, Ensign George P. Blow, 
and iSIr. E'rank Laviore, United States Navy, to accept certain 
decorations from the Government of Hawaii, reported it with- 
out amendment. 

He also, from the same committee, to whom was referred the 
joint resolution (S. R. 76) to authorize the President to invite 
certain governments to send delegates to the Pan-American 
Medical Congress, reported it without amendment. 

He also, from the some committee, to vi^hom was referred the 
message of the President of the United States, transmitting, in 
response to Senate resolutions of March 16 and 21, 1892, a report 
from the Acting Secretary of State, with accompanying statistics, 
showing the duties imposed by the Governments of Venezuela 
and Colombia upon products of the United States imported into 
those countries, asked to hs discharged from its further consid- 
eration, and that it be referred to the Committee on Finance; 
which was agreed to. 

Mr. MANDERSON, from the Committee on Military Afifairs, 
to whom was referred the bill (S. 1445) for the relief of Adolph 
von Haakc, reported it with an amendment, and submitted a 
rej)ort thereon. 

Mr. MANDERSON. I am directed by the Committee on Mili- 
tary Affairs, to whom was referred the "bill (S. 2653) granting to 
Sergt. Thomas O. Harter, Company I, First Indiana Cavalry, 
$10,000 and a gold medal for losses and services, which, in July 
and August, 1862, saved Pope's army and the nation's capital 
from capture by Lee's army, to report it adversely. In the ab- 
sence of the Senator from Kansas [Mr. Peffer]. who has some 
interest, I think, in the bill, I ask that it be placed upon the 
Calendar with the adverse report of the committee. 

The PRESIDING OFFICER (Mr. Berry in the chair). The 
bill will be placed on the Calendar with the adverse report of 
the committee. 



3692 



CONGRESSIONAL RECORD— SENATE. 



April 27, 



BILLS INTRODUCED. 

Mr. CULLOM introduced a bill (S. 3008) for the relief of Will- 
iam Dovine, teamster, authorizing the president of the Board of 
Managers of the National Home for Disabhxl Volunteer Soldiers 
to receive him at one of the branches of said national home; 
which was read twice by its title, and referred to the Committee 
on Military Affairs. 

Mr. VOORHEES introduced a bill (S. 3009) for the relief of 
David B. Mooi-e, late a captain Company D, Sixteenth Regiment 
Iowa Infantry Volunteers, and subsequently first sergeant Troop 
E, Seventh United States Cavalry and acting sergeant-major 
Seventh United States Cavalry; which was read twice by its 
title, and, with the accompanying papers, referrel to the Com- 
mittee on Pensions. 

Mr. BUTLER introduced a bill (S. .3010) making appropriation 
for the establishment of a national park near Florence, S. C; 
which was read twice by its title, and, with the accompanying 
papers, referred to the Committee on Public Buildings and 
Grounds. 

Mr. McMillan introduced a bill (S. 3011) to amend "Anaet 
ne the jurisdiction of the police court of the District of 
Colrfmbia," approved March 3, 181)1; which was read twice by its 
title, and, with the accompanying papers, referred to the Com- 
mittee on the Judiciary. 

Mr. TELLER (by request) introduced a bill (S. 3012) to amend 
an act entitled "An act prescribing regulations for the Soldiers" 
Home located at Washington, in the District of Columbia, and 
for other purposes: " which was read twice by its title, and, with 
the accompanying paper, referred to the Committee on Military 
Affairs. 

Mr. PROCTOR introduced a bill (S. 3013) providing that ap- 
pointments in staff corps be made from the line of the Army; 
which was read twice by its title, and referred to the Commit- 
tee on Military Affairs. 

Mr. WALTHALL (by request) introduced a bill (S. 3014) for 
the relief of Mrs. Hannah Waters, of Horn Island, in Missis- 
sippi Sound; which was read twico by its title, and referred to 
the Committee on Claims. 

Mr. PERKINS (by request) introduced a bill (S. .3015) provid- 
ing for the retirement of wagon masters; which was read twice 
by its title, and referred to the Committee on Military Affairs. 

Mr.FELTON introduced abill(S.3010)fortherelief of Charles 
Harkins; which was read twice by its title, and referred to the 
Committee on Claims. 

Mr. QUAY introduced a bill (S. 3017) to provide and equip a 
steam vessel for boarding purposes at Philadelphia, Pa.; which 
was read twice by its title, and referred to the Committee on 
Commerce. 

He also introduced a bill (S. 3018) for the erection of a statue 
to the late Admiral David D. Porter, United States Navy; which 
was read twice by its title, and referred to the Committee on the 
Librai-y. 

Mr. TURPIE introduced a bill (S. 3019) to amend an act ap- 
pi'oved February 3, 1887, amending an act to provide for the mus- 
ter and pay of certain officers and enlisted men on the volunteer 
forces, approved .Tune .3, 1SS4; which was read twice by its title, 
and referred to the Committee on Military Affairs. 

Mr. MITCHLLL introduced a bill (S. 3ii20) for the relief of 
Lieut. Col. George H. Elliot; which was read twice by its title, 
and referred to the Committee on Claims. 

Mr. KYLE introduced a bill (S. .3021) to increase the piy and 
allowances of officers of the Army who have been continuously in 
one grade for a period of twenty years; which was read twice 
by its title, and referred to the Committee on Military Affairs. 

Mr. KENNA introduced a bill (S. 3023) to authorize the pur- 
chase of the manuscript of William Vans Murray; which was 
read twice by its title, and referred to the Committee on the 
Library. 

MISSOURI RIVER BRIDGE AT LEAVENWrQRTH. 

Mr. PERKINS introduced a joint re.solution (S. R. ) au- 
thorizing the Leavenworth and Platte County Bridge Company 
to sell, transfer, and assign to the Leavenworth Terminal Rail- 
way and Bridge Company the rights and f I'auchises as granted 
by acts of Congress approved February 25 and March 22, 1889, 
and by act of Congress approved July 25, 1890; which was read 
the first time by its title. 

Mr. PERKINS. If there is no objection, I will ask for the 
immediate consideration of the joint resolution. There are rea- 
sons why this matter is of considerable importance to those con- 
cerned. I think there can be no objection to it, and I should 
like to secure its immediate consideration. 

The PRESIDENT ^iro tempore. The Senator from Kansas 
asks the unanimous consent of the Senate that the joint resolu- 
tion introduced by him may h-i now considered. 

Mr. HARRIS. Let it be read for information. 



The PRESIDENT pro tempore. The joint resolution will be 
read at length for information. 

The joint resolution was read the second time at length, as 
follows: 

Hesolcecl, etc., Th.at permissiou be, and is hereby, granted to the Leaven- 
worth and Platte County Bridge Company, a corporation duly organized and 
existing under the laws of the State of Kansas, to sell, transfer, and assign 
to the Leavenworth Terminal Railway and Bridge Company, a corporation 
duly organized and existing under the laws of the State of Kansas, its suc- 
cessors and assigns, all of the rights and franchises gi-.anted to the said Leav- 
enworth and Platte County Bridge Company by an act of Consress entitled 
"An act to authorize the construction of a bridge across the Missouri River 
between the city of Leavenworth, in the State of Kansas, and Platte County, 
in the State of Missouri," approved April ^.i, ISHiJ, and by an act of Congress 
entitled "An act to authorize the construction of a bridge across the Mis- 
souri River between the city of Leavenworth, in the State of Kansas, and 
Platte County, in the State of Missouri," ai)proved March 2, 1889, and by an 
act of Congress entitled "An act to atUhorlze the Leavenworth and Platte 
County Bridge Company to substitute a pivot drawbridge over the Missouri 
River, in place of a pontoon bridge." approved July 3.5, 1890; and any such 
transfer and conveyance as has been heretofore made is hereby consented to 
and confirmed; all subject, however, to the conditions named in said act of 
Congress. 

Mr. PERKINS. All that the joint resolution contemjilates is 
that the Leavenworth and Platte County Bridge Company may 
transfer to the Leavenworth Terminal Company the right to 
construct this bridge. Tl^,ey have sold the right and franchise 
to the latter company and that company now desire an approval 
of the location of the bridge. In consequence of this transfer, 
the Secretary of War doubts whether he can approve their ap- 
plication. They have made contracts with the railroad com- 
panies there to use the bridge when constructed, they have ai-- 
ranged for money for itsconstruction, and they ask that this joint 
resolution may be passed by Congress giving to them the right 
to make this transfer. That is all there is of the measure, and 
it does not seem to me that there can be any objection to it. 

Mr. KENNA. Is the joint resolution now introduced? 

The PRESIDENT pro tempore. It is now introduced. 

Mr. PERKINS. It is a matter of local importance to the peo- 
ple there, and can not be to the prejudice of anyone. 

Mr. SHERMAN. I will ask the Senator from Kansas whether 
it doss not propose to change the form of the bridge? It seems 
to me it gives the right to make adrawbridge instead of another 
kind. 

Mr. PERKINS. There were twoactsof Congress passed— one 
authorizing the construction of a pontoon bridge and the other 
authorizing the construction of a drawbridge. The joint i-eso- 
lution gives to this company the right to transfer both privi- 
leges, and the transfer is to bo made with the conditions that 
were imposed upon the original company. 

Mr. COCKRELL. As I understand this ca.se, simply the 
rights, privileges, and authority granted in the two acts are trans- 
ferred from one company to the other, subject to the same action 
of the Secretary of War. 

Mr. PERKINS. Yes, subject to all the oi'iginal conditions. 
No change is contemplated in any particular, except 

.Mr. COCKRELL. The joint resolution simply authorizes the 
Secretary of War to act upon the plans and specifications pre- 
s->nted by this company instead of the original company? 

Mr. Pi:RKlNS. That is all that is contemplated by the joint 
resolution. 

The PRESIDENT pro tempore. The Chair suggests to the Sen- 
ator from Kansas that the parliamentary precedent in measui-ts 
of this character is that they should be bills rather than joint 
resolutions. If there be no objection, the Chair will direct that 
the form of the measure be changed from that of a joint resolu- 
tion to a bill. 

Mr. PERKINS. I shall be very gl^d to ace ?pt the suggestion of 
the Chair. 

The PRESJDF.'N'r pro tempore. Thatchange will ba made. Is 
there objection to present consideration? 

Mr. SHERMAN. I do not wish to object to this measure, but 
I tiiink it would be bad as a precedent. Here is a proposition 
introduced which it is proposed to pass into the form of a law 
without any reference. I would a great deal rather that it should 
bareferi'ed, informally even, to the Committee on Commerce and 
rei)ortod back. It is a very bad precedent to act in this way. 

Mr. PERKINS. I will say in answer to the Senator that the 
joint resolution does not contemplate a change of the present 
law in any particular. It authorizes this transfer, but coupled 
with it all the conditions of the original act. The reason for 
early action is that thes3 people have already arranged for the 
money with which to make the c:)nstruotion of the bridge, and 
they are only embari-assed in the War Department because of 
the transfer, the War Department thinking that it can not ap- 
prove the application made in the name of this terminal company 
becausa the grant was to the Leavenworth and Platte County 
Bridge Company. 

Mr. SHERMAN. I have no doubt, from the statements made 
by the Senator from Kansas, that the bill ought to pass, and 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



3729 



Cadmus, 


Hamilton, 


Campbell, 


Harmer, 


Castle, 


Harries, 


Cate, 


Harter, 


Causey, 


Hayes, Iowa 


Clieatham, 


Hayues, Ohio 


Chapln, 


Heard, 


Clancy, 


Hemphill, 


Clark, Wyo. 


Henderson, Iowa 


Clarke, Ala. 


Herbert, 


Cobum, 


Hermann, 


Cockrau, 


Hoar, 


Cogswell, 


Hooker, N. Y. 


Compton, 


Hopkins, 111. 


CooUdge, 


Houk, Tenn. 


Cowles, 


Huft, 


Crain, Tex. 


Hull, 


Crosby, 


Johnson, Ind. 


Culberson, 


Johnson, Ohio 


Curtis, 


Johnstone, .S. C. 


Dalzell, 


Kem. 


Dauiell, 


Ketcham, 


Doan. 


Kribbs, 


Dunphy, 


Lagan. 


Durborow, 


Lanham. 


Enochs, 


Lawson, Va. 


Fellows, 


Lawson, Ga. 


Fitch, 


Lester, Ga. 


Fjthlan, 


Lockwood, 


Flick, 


Lodge, 


Porman, 


Ma.Ljuer, 


Funstou, 


Maiisur, 


Fyan. 


McDonald, 


Gantz, 


McKalR, 


Gillespie, 


McKeighan, 


Grout, 


Meredith, 



Milliken, .Sayers , 

Mitchell, Scott. 

Moore, Shonk, 

Morse, Snow, 

Mvtchler, Springer. 

Newberry, Stackhouse, 

Norton. Stahlnecker, 

O'Ferrall, Stevens, 

O'Nell, Mass. Stewart.Tex. 

Outhwaite, Stone, W. A. 

Page, R. I. Stump. 

PaiTett, -Sweet. 

Paltison, Ohio Tarsney, 

Payne. Taylor, 111. 

P.aynter, Taylor, Tenn. 

Peel. Taylor, E. B. 

Pendleton, Taylor, V. A. 

Perkins. Townseud, 

Pickler, Tracey, 

Pierce, Tucker, 

Powers, Tui'ner, 

Price, Van Horn. 

Quackenbush, Wadsworlh, 

Raines Warner, 

Randall, Washington, 

Kayner, Weadock, 

Reilly, Wever. 

Reyburn. Whiting, 

Richardson, Wike. 

Rite, Williams. Mass. 

Robertson, La. Williams. III. 

Robinson, Pa. Wilson, Ky. 

Rockwell, Wilson, Wash. 

Rusk, Wilson, Mo. 

Russell, Wolverton, 

Sanford, Wright. 

Mr. BUCHANAN of Virginia. I desii-e to state that my col- 
league. Mr. Lawson of Virginia, is at homo sick, and I a-sk that 
he be excused. 

The committee then rose, and the Speaker resumed the chair. 

Mr. GATES. Mr. Speaker, the Committee of the Whole House 
on the state of the Union liad under consideration the bill H. 
R. 7624, and found itself, while proceeding, without a quorum. 
The Chair caused the roll to be called and 154 gentlemen only 
answered to their names as presant. Being still without a 
quorum, the committee rose under the rule, and I report the 
names of the absentees. 

The SPEAKER. The gentleman from Alabama [Mr. Gates], 
chairman of the Committee of the Whole House on the state of 
the Union, reports that that committee found itself without a 
quorum, and that he caused the roll to be called and noted the 
absentees. The names of the absentees will be entered on the 
Journal. 

Mr. BLOUNT. I move that the House adjourn. 

The motion was agreed to; and accordingly, (at 4 o'clock and 
48 minutes p. m.) the House adjourned. 

REPORTS OF COMMITTEES. 

The following reports of committees were handed in at the 
Clerk's desk and referred to their appropriate Calendars as 
indicated below: 

SALARY OF SUPERVISING ARCHITECT, TREASURY DEPART- 
MENT. -*• 

Mr. BRICKNER, from the Committee on Expenditures in the 
Treasury Department, reported back with amendment the bill 
(H. R. 4540) to provide for the increase of the salary of the Su- 
pervising Architect of the Treasury Department; which was re- 
ferred to the Committee of the Whole House on the state of the 
Union, and, with the accompanying report, ordered to be printed. 

SALARY OF ASSISTANT AND CHIEF CLERK OF SUPERVISING 
ARCHITECT, TREASURY DEPARTMENT. 

Mr. BRICKNER stlso, from the Committee on Expenditures in 
the Treasury Department, reported back favorably the bill (H. 
R. 3998) to increase the salary of the assistant and chief clerk 
of the Supervising Architect, Treasury Depai-tment: wliich was 
referred to the Committee of the Whole House on the state of the 
Union, and , with the accompanying report, ordered to be printed. 

LEAVE OF ABSENCE TO OFFICERS AND EMPLOYES IN CUSTOMS 

SERVICE. 

Mr. BRICKNER also, from the Committee on Expenditures in 
the Treasury Department, reported back adversely the bills (H. 
R. 2939 and H. R. 2622) providing for leave of absence for officers 
and employes in the customs service of the Government who re- 
ceive a per diem compensation; which were laid upon the table 
and, with the accompanying report, ordered to be printed. 

SETTLEMENT OF ACCOUNTS AND CL.\IMS IN CERTAIN CASES. 

Mr. STOCKDALE, from the Committee on the .ludiciary, re- 
ported back adver.sely the bill (H. R. 374) to provide for the set- 
tlement of accounts and claims in certain cases; which was laid 
upon the table, and, with the accompanying report, ordered to 
be printed. 

PUNTA GORDA, SUBPORT OF ENTRY. 

Mr. MALLGRY, from the Committee on Interstate and For- 



eign Commerce, reported back favorably th-3 bill (S. 1956) to 
make Punta Gorda a subportof entry; which was referred to the 
Committee of the Whole House on the state of the Union, and, 
with the accompanying report, ordered to be printed. 
TR.ANSPORTATION OF DUTIABLE GOODS. 

Mr. MALLGRY also, from the Committee on Interstate and 
Foreign Commerce, reported back favorably the bill (S. 1393) 
to amend an act entitled "An act to amend the statutes in re- 
lation to immediate transportation of dutiable goods, and for 
other purposes," approved ,Jun • ID. A. D. ISSQ, by extending the 
pi'ivileges of the first section tliereof to the port of Pernandina, 
Florida; which was referred to the House Calendar, and, with 
the accomj^anying report, ordered to bo printed. 
HISTORICAL MANUSCRIPTS RELATING TO THE DISTRICT OF 
COLUMBIA. 

Mr. CUMMINCiS, from the Committee on the Library, re- 
ported back favorably joint resolution (H. Res. 74) providing foi" 
the purchase of historical manuscripts relating to the District 
of Columbia; which was referred to the Committee of the Whole 
House on the state of the Union, and, with the accompanying re- 
port, ordered to be printed. 

MONUMENT AT PUT IN BAY, OHIO. 

Mr. CUMMINGS also, fioni the Committee on the Library, 
reported back favorably the bill (II. R, .323) providing for the 
erection of a monument at Put In liay, Ghio, commemorative of 
Commodore Oliver Hazard Perry and those who participated in 
the naval battle of Lake Erie on the lOthday of September, ISK!; 
which was referred to the Committee of the Whole House on the 
state of the Union, and, with the accompanying report, ordered 
to be printed. 

PREVENTION OF CRUELTY TO CHILDREN AND ANIMALS IN T Wi -f fffff 

DISTRICT OF COLUMBIA. "^ <-!«-"*' 

Mr. COGSWELL, from the Committee on the District of Co- 
lumbia, reported back favorably the bill (S. 1714) to prevent cru- 
elty to children or animals in the District of Columbia and for 
other purposes; which was referred to the House Cal 'Udar. and, 
with the accompanying report, ordered to be printed. 

MONUMENT AT NORTH BEND. OHIO. 
Mr. CUMMINGS, from the Committee on the Library, re- 
ported back favorably the bill (II. R, 621) for the erection of a 
monument to the late William Henry Harrison, at North Bend, 
Ohio; which was referred to the Committee of the Whole House 
on the state of the Union, and, with the accompanying report, 
ordered to be printed. 



REPORTS OP COMMITTEES. 

Under clause 2 of Rule XIII, private bills and resolutions were 
severally reported from committees, delivered to tlie Clerk, and 
I'eferred to the Committee of the Whole House, as follows: 

By Mr. BELTZHGOVER, from the Committee on War Claims: 
A bill (S. 2566) for the relief of William and Mary College of 
Virginia. (Report No. 1207.) 

By Mr. COBB of Missouri, from the same committee: A reso- 
lution referring the bill (H.R. 3657) for the relief of the owners of 
the steamer Clara Bell. (Report No. 1219.) 

By Ml-. BOWERS, from the Committer on Military AlTairs: 
A bill (H. R. 6554) to remove the charge of desertion against 
Charles H. Behle. (Report No. 1220.) 



. CHANGE OF REFERENCE. 

Under clause 2 of Rule XXII, committees were severally dis- 
charged from the consideration of the following bills; which 
wore respectively rc-rcferred as follows: 

A bill (H. R. S385) granting a pension to Martha A. Hughes — 
the Committee on Invalid Pensions discharged, and referred to 
the Committee on Pensions. 

A bill (H. R. 9;:l5) for the relief of Eunice Tripler— the Com- 
mittee on Military Affairs discharged, and referred to the Com- 
mittee on Claims. 



BILLS, ME.MORIALS, AND RESOLUTIONS. 

Under clause 3 of Rule XXII, bills of the following titles were 
introduced, and severallv referred as follows: 

By Mr. JOHNSON of Ohio: A bill (H. R. 8417) ta amend iiara- 
graph 106 of an act entitled ".An act to reducs the revenue and 
equalize duties on imports, and for other purposes, approved 
October 1, 1890" — to the Committee on Ways and Means. 

By Mr. TOWNSEND: A bill (H.R, 841S_) to provide for the 
purchase of a site and the erection of a public building thereon 
at Glenwood .Springs, in the State of Colorado — to the Comraitr 
tee on Public Buildings and Grounds. 



XXIII- 



-234 



3730 



CONGRESSIONAL EEOORD— HOUSE. 



Apeil 27, 



By Mr. HEMPHILL: A bill (H. R. 8419) to. amend an act to 
define the jurisdiction of tlie police court of the District of Co- 
lumbia, approved Marcli 3, 1891 — to the Committee on the Dis- 
trict of Columbia. 

By Mr. RANDALL: A bill (H. R.8420) granting- tlie use of 
certain lands to the town of New Bedford, Ma^s.. for a public 
park — to the Committee on Militai'y Affairs. 

By Mr. WHEELER of Alabama (by request): A bill (H. R. 
8421) to amend an act entitled "An act prescribing regulations 
for the Soldiers' Home located at Washington, in the District 
of Columbia, and for other purposes" — to the Committee on Mil- 
itary Affairs. 

By Mr. GRISWOLD: A bill (H.R. 8422) to reimburse regis- 
ters' and receivers of district land offices for moneys paid on ac- 
count of the United States — to the Committee on the Public 
Lands. 

By Mr. BRODERICK: A Joint resolution (H. Res. 123) author- 
izing the Leavenworth and Platte County Bridge Company to 
sell, transfer, and assign to the Leavenworth Terminal Railway 
and Bridge Company the rights and franchises as granted by the 
acts of Congress approved February 25 and March 2, 1889, and by 
act of Congress approved July 25, 1890 — to the Committee on In- 
terstate and Foreign Commerce. 

By Mr. BLAND: A resolution for an income ta.K to pay pen- 
sions and to repeal the tax on currency issued by authority of 
the States — to the Committee on Ways and Means. 



PRIVATE BILLS, ETC. 

Under clause 1 of Rule XXII, private bills of the following 
titles were presentjcd and referred as indicated below: 

By Mr. BEEMAN: A bill (H. R. 8423) for the relief of L. B. 
F. ('liampion — to the Committee on War Claims. 

By Mr. BOATNER (by request): A bill (H. R. 8424) for the 
relief of A. A. Harvey, guardian, of Washington Parish, La., as 
found due by the Court of Claims under the act of March .3, 1883 — 
to the Committee on War Claims. 

Also (by request), a bill (H. R. 8425) for the relief of Mrs. 
Emma L.Andras, of St. Landry Parish, La. — to the Committee 
on War Claims. 

Also, a bill (H. R. 842G) for the relief of the estate of Mrs. Mary 
Morgan, late of Carroll Parish, La. — to the Committee on War 
Claims. 

By Mr. C ATCHINGS: A bill (H. R. 8427) for the relief of Mrs. 
Jano P. Moore, of Bolivar County, Miss. — to the Committee on 
War Claims. 

By Mr. CAPEHART: A bill (H. R. 8428) for the relief of 
the estate of George W. Surbaugh — to the Committee on War 
Claims. 

Also, a bill (H. R. 8429) for the relief of Mathew Tate— to the 
Committee on War Claims. 

By Mr. FORNEY: A bill (H. R. 8430) for the relief of Mrs. 
Martha Stiff', of Cherokee Coimty, Ala., for property taken for 
vise of the United States Army — to the Committee on War Claims. 

By Mr. FUNSTON: A bill (H. R. 8431) to pension Thomas E. 
Rociiester— to the Committee on Invalid Pensions. 

Also, a bill (H. R. 8432) to pension Angeline Weldon — to the 
Committee on Invalid Pensions. 

By Mr. GEARY: A bill (H. R. 8433) to increase the pension of 
Coriielius D. Hughes — to the Committee on Pensions. 

By Mr. HARTER: A bill (H. R. S434) granting an honoi-able 
discharge to William S. Fox — to the Committee on Naval Af- 
fairs. 

By Mr. HITT: A bill (H. R. 8435) to amend the record of Simon 
Rice, of Company A, Sixth Maryland Volunteers — to the Com- 
mittee on Military Affairs. 

By Mr. JOHNSON of Ohio (by request): A bill (H. R. 8436) to 
provide for the extension of letters patent to Mrs. Anna Ker- 
stine for improvement on grate bars — to the Committee on Pat- 
ents. 

By Mr. KYLE: A bill (H. R. 8437) for relief of estate of M. H. 
Battle — to the Committee on War Claims. 

Also, a bill (H. R. 8438) for the relief of Melchisedec Robinson, 
of Benton County, Miss. — to the Committee on War Claims. 

By Mr. PATTERSON of Tennessee: A bill (H. R. 8439) for 
the "relief of .Tames A. Richardson, administrator of Ezekiel T. 
Keel, of Slielby County, Tenn., as found due by the Court of 
Chiims under the act of March 3, 1883 — to the Committee on War 
Claims. 

Also, a bill (H. R. 8440) for the relief of Mrs. Ellon P. Malloy, 
of .Shelby County, Tenn., a^ found due by the Court of Claims 
under the act of Marchy.iss;!— totho Committee on War Claims. 

Also, a bill (H. K. 3441) tor the relief of J. Harvey Mathes, ad- 
ministrator of Benjamin F. Cash, deceased, of Shelby County, 
Tenn., as found duo by the Court of Claims under the' act of 
March 3. 1883— to the Committee on War Claims. 



By Mr. WARWICK: A bill (H. R. 8442) to remove the chai-ge 
of desertion from the military record of James Ammerman — to 
the Committee on Military Affairs. 

By Mr. WHEELER of Alabama: A bill (H. R. 8443) for the 
relief of Sally C. Smith, adminisiratrix of the estate of Ga- 
briel M. Smith, deceased — to the Committee on War Claims. 



PETITIONS, ETC. 

Under clausj 1 of Rule XXII, the following petitions and pa- 
pers were laid on the Clerk's desk and referred as follows: 

By Mr. ALEXANDER: Petition of the faculty and students 
of Davidson College, North Carolina, against opening the Colum- 
bian Exposition on Sunday, and against selling liquors on the 
grounds of said Exposition — to the Select Committee on the Co- 
lumbian Exposition. 

By Mr. BELDEN: Petition of Excelsior Grange, No. 456, of 
New York, for the passage of a law to prevent the adulteration 
of food and drugs — to the Committee on Agriculture. 

By Mr. BOWMAN: Three petitions of citizens of Iowa, as fol- 
lows: of 17 citizens of Mills County, 9 citizens of Harrison County, 
and 9 citizens of Pilot Grove Township, Montgomery Countj-, 
all for the passage of the antioption bill — to the Committee on 
Agriculture. 

By Mr. BROOKSHIRE: Petition of John A. Wiltmore and 
36 others, of Vermillion County, Ind., praying for a law to sup- 
press the use of the United States mails for the transmission of 
obscene literature— to the Committee on the Post-Office and 
Post-Roads. 

Also, petition of W. S. Fish and 15 others, of Indianapolis, 
Ind.. against the United States Government putting private 
matter on envelopes— to tlie Committee on the Post-Offlce and 
Post- Roads. 

By Mr. BURROWS: Resolution of Dailey Grange, No. 162, 
Patrons of Husbandry, of Cass County, Mich., for regulating 
speculation in fictitious farm products— to the Committee on 
Ways and Means. 

By Mr. BUTLER: Petitionofcitizensof Clayton Coimty, Iowa, 
praying the passage of House bill defining options and futures — 
to the Committee on Agriculture. 

By Mr. CATCHINGS: Two petitions of citizens of Mississippi, 
one of Washington County, and the other of the county of Tu- 
nica, remonstrating against the passage of the Brosius (or Con- 
ger) lai'd bill, H. R. 39.J — to the Committee on Agriculture. 

By Mr. CHEATHAM: Papers in the claim of Enos Case, of 
Greene County, N. C. — to the Committee on War Claims. 

By Mr. DALZELL: Petition of AronMarshall for a pension- 
to the Committee on Pensions. 

By Mr. DINGLEY: Petition of Charles A. Towno and others, 
of Auburn, Me., against the opening of the Columbian Exposi- 
tion on Sundays — to the Select Committee on the Columbian Ex- 
position. 

By Mr. DOLLIVER: Five petitions and resolutions of Farm- 
ers' Alliances of Iowa, as follows: Coon Grove, of Crawford 
County, Washington Township: Carroll County; Clinton Troop, 
of Pocahontas County; Union Township, and East Boyer, all in 
favor of a speedy passage of the option bill — to the Committee on 
Agriculture. 

Also, petition of the Paradise Alliance, No. 1481, in favor of 
the Hateh-Washburn option bill — to the Committee on Agricul- 
ture. 

Also, five petitions of citizens of Iowa, as follows: Of East 
Boyer, Crawford County; of Washington Township; of Carroll 
County: of Pocahontas' County, and of Coon Grove Alliance, 
Crawford County, all in favor o"f House bill defining options and 
futures — to the Committee on Agriculture. 

By Mr. ELLIS: Petition of James Weir and other citizens, of 
Owensboro, Ky., asking the passage of an act requiring that the 
Columbian Exposition be closed on the Sabbath — to the Seloc 
Committee on the Columbian Exposition. 

By Mr. EVERETT: Papers in the claim of James W. Hill, o: 
Georgia— to the Committee on War Claims. 

By Mr. FLICK: Three petitions of citizens of Iowa, as follows: 
Of Lamoni, Decatur County: of John Dukes and othei-s, and of 
N. N. Hazleton and others, of Lamoni, all in favor of the antioj)- 
tion bill — to the Committee on Agriculture. 

By Mr. FUNSTON: Petition of the Methodist EpiscopalChurch 
and' Woman's Christian Temperance Union of Le Cygeue, Ivans., 
for the passage of House bill 120, now before the Committee oii 
the Post-Office and Post-Roads— to the Committee on the Post- 
Office and Post-Roads. 

Also, petition of the session of Carlylc (Kans.) Presbyterian 
Church, for the observance of the Sabbath at the World's Fair- 
to the Select Committee on the Columbian E.xposition. 

Al.so, petitionot Augustine Weldon, for a pension— to the Com- 
mittee on Invalid Pensions. 



1892. 



COKURESSIONAL RECORD— SENATE. 



3731 



Also, petition of Thomas E. Rochester, for a pension— to the 
Commitlee on Invalid Pensions. 

By Mr. GOODNIGHT: Evidence to accompany bill to pension 
W. E. Floyd, of Kentucky— to the Committee on Invalid Pen- 
sions. * 

By Mr. HARAIER: Memorial of citizens of the city of Phila- 
delphia, protesting against the passage of bill to provide home 
rule for Utah — to the Committee on the Judiciary. 

By Mr. HATCH: Seven protests of Farmers and Laborers' 
IJunion of Missouri, as follows: of Macon County, of Audrain 
County, of Scotland County, of Knox County, of Clark County, 
of Macon County, of Clark County, and of Macon County, all 
Eigainst the passage of the Brosius lard bill (H. R. 395), and pray- 
ing for the passage of agensx-al pure-food law — to the Committee 
on Agriculture. 

Also, petition and resolutions of the Massachusetts State Board 
of Agriculture and State Grange, for the passage of a pure-food 
bill — to the Committee on Agriculture. 

Also, petition ofcitizens of Macon County, Mo., for the passage 
of pure-food bill — to the Committee on Agriculture. 

Also, petition of citizens of Kingman County, Kans., for the 
passage of antioption law — to the Committee on Agriculture. 

By Mr. HAYNES of Ohio: Evidence in support of House bill 
6329, for the relief of Nicholas Becker — to the Committee on 
Military Affairs. 

Also, four petitions of citizens of Ohio, as follows: One, the 
Methodist Episcopal Church of Port Clinton; the second, the 
Protestant Episcopal Grace Church of Toledo: the JMethodist 
Episcopal Church of Gibsonburg, and citizens of Cedar Rapids, 
all for the closing of the Columbian Exposition on Sunday and 
the prohibition of the sale of liquor on the Exposition grounds — 
to the Select Committee on the Columbian Exposition. 

By Mr. JOHNSON of Indiana: Petition of the National 
Woman's Temperance Union, asking that no exposition for which 
appropriations are made by Congress shall be opened on Sunday— 
to the Select Committee on the Columbian Exposition. 

By Mr. LANE: Petition of Louisa G. Hiatt and others, of 
Shelby Coimty, 111., against the Government being committed 
to a course of religious legislation by closing the World's Colum- 
bian Exposition on Sunday or in any other way — to the Select 
Committee on the Columbian Exposition. 

By Mr. LAYTON: Protestof the Philadelphia Drug Exchange 
and the Philadelphia College of Pharmacy, against the passage 
of the Paddock pm-e-food biU — to the Committee on Agriculture. 

Also, petitions of churches of Ohio, as follows: The Methodist 
Episcopal Church of Convoy, the Methodist Episcopal Church, 
of Belle Center, the First English Lutheran Church of Wa- 
pakonta, the First Baptist Church of Kenton, and the Fii-st 
Methodist Episcopal Church of Van Wert, praying the closing 
of the World's Columbian Exposition on Sunday, and that the 
Bale of intoxicating liquors therein be prohibited — to the Select 
Committee on the Columbian Exposition. 

By Mr. LEWIS: Six petitions of Clay County, Miss., remon- 
strating against the passage of the Bros'ivis (or Conger) lard bill, 
H. R. 393 — to the Committee on Agriculture. 

By Mr. LIVINGSTON: Petition of citizens of Texas, touching 
financial legislation— to the Committee on Coinage, Weights, 
and Measures. 

By Mr. McALEER: Protest of the Produce Exchange of Penn- 
sylvania, against the.passage of Senate hill 1757— to the Commit- 
tee on Agriculture. 

By Mr. O'FERRALL: Papers in the claim of Elizabeth Nich- 
olaces, of Shenandoah Coimty, Va. — to the Committee on War 
Claims. 

Also, papers in the claim of Ezra Spiker, of Shenandoah County, 
Va. — to the Committee on War Claims. 

Also, papers in the claim of Hiram Bydler, of Shenandoah 
County, Va. — to the Committee on War Claims. 

By Mr. O'NEILL of Pennsylvania: Preambles and resolutions 
of the Philadelphia National Exchange, favoring the passage of 
House bill 0182, to establish communication with lightrships and 
light-houses — to the Committee on Interstate and Foreign Com- 
merce. 

Also, copy of a repo/t made on bill 10S83 of the first session 
Fifty-first Congress, favoring the purchass or building a steam 
boarding vessel for the port of Philadelphia— to the Committee 
on Interstate and Foreign Commerce. 

By Mr. OUTHWAITE: Petition of the Presbyterian Church 
of Rushville, Ohio, to close the Columbian Exposition on Sun- 
day — to the Select Committee on the Columbian Exposition. 

Also, petition of Mayflower Congregation of Columbus, Ohio, 
for the closing of the World's Columbian Exposition on Sundaj- — 
to the Sele ct Co mmittee on the Columbian Exposition. 

By Mr. OWENS: Petition of the First Methodist Church at 
Philadelphia, for the closing of the World's Fair on Sunday — to 
the Select Committee on the Columbian Exposition. 



Also, petition of Dennison Presbyterian Church, of Dennison, 
for closing Ihc World's Fair on Sunday— to the Select Commit- 
tee on the Columbian Exposition. 

By Mr. PAGE of Rhode Island: Petition of Arthur W. Brown 
and 2a others, foran amendment to the Constitution of the United 
States— to the Committee on the Judiciary. 

By Mr. PERKINS: Petition of 15 citizens of Osceola Coimty, 
Iowa, in behalf of bill defining options and futures— to the Com- 
mittee on Agriculture. 

By Mr. RANDALL: Petition of the Boston Baptist Ministers' 
Conference, against opening the World's Fair on Sunday— to the 
Select Committee on the Columbian Exposition. 

Also, resolutions of the Commonwealth of Massachusetts, to 
restore John M. Goodhue to the Army and place him on the re- 
tired list — to the Committee on INIilitary Affairs. 

By Mr. SHELL: Petition of OakvUle Alliance, No. 644, asking 
Congress to enact a bill to prevent gambling in futm-es— to the 
Committee on Agriculture. 

ByMr.STORER: Petition of the Emanuel Episcopal Church, 
of Cincinnati, Ohio, against the opening of the Columbian Expo- 
sition on Sundays— to the Select Committee on the Columbian 
Exposition. 

Also, petition of Robert S. McCook Post, Grand Army of the 
Republic, to preserve battle lines at Gettysburg — to the Com- 
mittee on Military Afi'airs. 

By Mr. WARWICK: Three petitions of churches of Ohio, as 
follows: Methodist Episcopal Church of Nashville, United Breth- 
ren Congregation of Burbank, and the Evangelical Lutheran 
Church of Osnaburg, Stark County, all against opening the Co- 
lumbian Exposition on Sundays — to the Select Committee on the 
Columbian Exposition. 

By Mr. WILSON of Washington: Two petitions of citizens of 
the State of Washington, protesting against the reduction of the 
tariff on hops — to the- Committee on "Ways and Means. 

By Mr. WHEELER of Alabama: Petition of ex-soldiers of the 
United States Army, for ''outdoor relief "—to the Committee on 
Military Affairs. 

By Mr. WHEELER of Michigan: Petitions of citizens of the 
Ninth Michigan district, asking that no exposition for which 
appropriations are made by Congress shall be opened on Sunday — 
to the Select Committee on the Columbian Exposition. 

Also, petition of citizens of the city of Ludington, Mich., for 
defeating the passage of the so-called Hatch bill— to the Com- 
mittee on Agriculture. 

Also, petition of C, A. Adams and others, for increasing the 
internal-revenue tax on paper-wrapped cigarettes — to the Com- 
mittee on Wavs and Means. 



SENATE. 
Thursday, Ai)ril 28, 1892. 

Prayer by the Chaplain, Rev. J. G. BuTLER, D. D. 

The Vice-President resumed the chair. 

The Journal of yesterday's proceedings was read and approved. 
COURT OF CLAIMS REPORTS. 

The VICE-PRESIDENT presented a communication from the 
assistant clerk of the Court of Claims, transmitting the conclu- 
sions of fact and of law and the opinion of that court in the French 
spoliation claims relating to the schooner Dolphin: which, with 
the accompanying papers, was referred to the Committee on 
Claims, and ordered to bo printed. 

He also presented a communication from tho assistant clerk of 
the Court of Claims, transmitting the conclusions of fact and of 
law filed by that court in French spoliation claims relating to the 
brig Catherine, the schooner Hannah, and the schooner Three 
Friends; which, with the accompanying papers, was referred to 
the Committee on Claims, and ordered to be printed. 

HOUSE BILL REFERRED. 

The bUl {H. R. 4464) for the benefit of J. C. Rudd was read 
twice by its title and referred to the Committee on Claims. 
REPORT ON PRODUCTION OF PRECIOUS METALS. 

The following concurrent resolution received yesterdaj- from 
the House of Representatives was read and referred to the Com- 
mittee on Printing: 

Besolcedby the House of Bepresentatiees (the Senate concurring. That there 
be printed of the report of the Director of the Mint on the production of the 
precious metals in the United States for the calendar year 18DI, 6,000 extra 
copies, of which 1,000 copies shall be for the Senate, S.OOOcopies for the House, 
and 3.000 copies tor the Director of the Mint. 

ADJOURNMENT TO MONDAY. 

Mr. MANDERSON. I move that when the Senate adjoura 
to-day, it be to meet on Monday next. 
The motion was agreed to. 



3732 



CONaRBSSIONAL EECORD— SENATE. 



Apeil 28, 



Adopted, in concurrence. 
A true copy. Attest. 



PETITIONS AND MEMORIALS. 

The VICE-PRESIDENT presented a petition of the Central 
Labor Union of New Yorlc City, praying for the passage of tlio 
pending bill to equalize and increase the salaries of letter-car- 
riers; which was referred to the Committee on Post-Offices and 
Post-Roads. 

He also presented resolutions of the Lagislature of Massachu- 
setts; which were read and referred to the Committee on Com- 
merce, as follows: 

Commonwealth of Massachusetts, In the year istJ. 
Eepolntions relative to the establishment of a life-sa-ving station at City 

Point. 

Whereas a serious accident has recently occurred oil City Point, in the city 
oJ Boston, whereby eight persons lost their lives by drowning; and 

Whereas many accidents of a similar nature have heretbtore occurred 
near the same point and are likely to occur in the future, resulting In great 
loss of life, unless some provision is made for the rescue of persons in peril 
of drowning: 

Eesolced, That our Senators and Roprcscntutives in Congress are reqnesled 
to lay before Congress or before the proper offl.ials of the National Govern- 
ment the importance of establishing and maintaining another life-saving 
station on the coast of Massachusetts, to be located at City Point. 

Resolved, That a copy of these resolutions be transmitted to each Senator 
and Kepresent.atlve from this Commonwealth in the Congress of the United 
States. 

House of Representatives, April 25, iso'. 

Adopted: Sent up for concurrence. 

EDWARD A. Mclaughlin, curk. 

Senate, April 25, 1802. 
HENRY D. COOLIDGE, CTfJi. 

EDWARD A. MCLAUGHLIN. 

Clerk of (hg House of JRepresentatives, 

Mr. STOCKBRIDGE presented the petition of C. P. Veeder 
and 31 other citizens of Hillsdale. Mich.; the petition of A.Smith 
and 12 other citizens of Grandville, Mich.; the petition of J. F. 
Cannon and 29 other citizens of Potterville, Mich., and the peti- 
tion of G. P. Bailey and 42 other citizens of Bunker Hill, Mich., 
praying Congress not to enact any legislation relative to the clos- 
ing of the World's Columbian Fair on Sunday; wliieh wore re- 
ferred to the Committee on the Quadro-Centennial (Select). 

Ho also presented a petition of Dailey Grange, Patrons of Hus- 
bandry, and the Dailey Alliance, of Cass County, Mich., praying 
for the passage of legislation prohibiting gambling in farm prod- 
ucts; which was referred to the Committee on the Judiciary. 

Mr. BARBOUR presented a petition of the Board of Trade of 
Newport News, Va., praying that their Representatives in Con- 
gress use their best efforts to defeat legislation making any 
change in the existing pilot laws; wliich was ordered to lie on 
the table. 

He also presented a petition of the Presbytery of Winchester, 
Va., praying that the World's Columbian Exposition b> closed 
on Sunday; wliich was referred to the Committee on the Quadi-o- 
Centennial (Select). 

Mr. SHERMAN presented memorials of Lutheran churches in 
Osnaburg and Shiloh, Ohio; of Baptist churches in Cincinnati, 
Ohio; of twenty-eight Methodist Episcopal churches in Ohio; of 
seven Presbyterian churches in Ohio, and of Congregational 
churches in Sweden and Norwalk, Ohio, remonstrating against 
the opening of the WorUl's Columbian E.xposition on Sunday and 
the sale of intoxicating liquors thereat: which were referred to 
the Committee on the Quadro-Centenuial (Select). 

Mr. MORRILL presented the memorial of Francis Gould and 
26 other members of the Borderville Church, of Franklin, Vt., 
remonstrating against Congress committing the United States 
Government to a union of religion and state by the passage of 
any legislation closing the World's Columbian Exposition on 
Sunday, or in any other way committing the Government to a 
course of religious legislation; which was referred to the Com- 
mittee on the Quadro-Centennial (Select). 

Mr. McMillan presented the memorial of Lsvi G. Moore 
and 3(; other members of the Seventh-Day Adventist Church of 
Grand Rapids, Mich., remonsti'ating against Congress commit- 
ting- the United States Government to a union of religion and 
the state by the passage of any legislation closing the World's 
Columbian Exposition on Sunday or in any other way commit- 
ting tlie Government to a course of religious legislation; which 
was referred to tlic Committee on the Quadro-Centsnnial (Se- 
lect). 

Mr. DAVIS presented a petition of the Board of Trade of 
Winona, Minn., praying for the passage of legislation increasing 
the salaries of employes in the Railway Mail Service; which was 
referred to the Committee on Post-Offices and Post-Roads. 

He also presented a resolution adopted by the Tailors' Union, 
No. 97, of Duluth, Minn., indorsing the action of the .Journey- 
men Tailors' Union of America, praying for the passage of tlie 
Hoar clothing-label bill; which was referred to the Committee 
on Post-Offices and Post-Roads. 

Mr. BLODGETT presented the memorial of L. C. Parmelo 



and 8 other members of the Seventh-Day Adventist Church 
of Middlesex County, N. J., remonstrating against the passage 
of any legislation for the closing of the World's Columbian Ex- 
})Osition on Sunday; which was referred to the Committee on 
the Quadro-Centennial (Select). 

He also presented a petition of the Presbytery of New Bruns- 
wick, N. J., comprising G2 ministers of the gospel, praying for 
the passage of legislation closing the Wor-ld's Columbian Expo- 
sition on Sunday; which was referred to the Committee on tlie 
Quadro-Centennial (Select). 

Mr. WALTHALL presented the petition of J. M. C. Bollard 
and 21 other citizens of Newton County, Miss., praying for the 
passage of the Washburn-Hatch antioption bills; which was re- 
ferred to the Committee on the Judiciary. 

He also presented the following petitions of Evergi-een Grange, 
Patrons of Husbandry, of Mississippi: 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture— ordered to lie on the table. 

Petition pi'aying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petition praying for the passage of House bill 395, defining 
lard and imposing a tax thereon— oi'dered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs— ordered to lie on tlie table. 

Petition praying for the free delivery of mails in rural dis- 
ti'icts — referred to the Committee on Post-Offices and Post- 
Roads. 

Petition praying for the passage of a bill making certain is- 
sues of money full legal tender in payment of all debts — to the 
Committee on Finance. 

Mr. TURPIE. I present a memorial of the Indianapolis Typo- 
thetae Association, in which the memorialists state as follows: 

We desire to call to your attention the evident Injustice practiced by the 
United States Government in furnishing printed envelopes to anyone de- 
siring them at the price of the cost of envelopes only, with one charge for 
the printing, and without any charge whatever for freight or delivery. By 
estimate, the ntiiiitji-r "f (■nv(.-l"p,s ftu-nished the mercantile community in 
this way exceetls ;jiKi.lHt0.iiO(i. Otir objections are based upon the ground that 
the Government has no right to set up opposition to private enterprise or in- 
vade its lield. and that such action is a clear deprivation to the printers of 
the cotintry of an actual revenue of not less than fi^oO.fXH); that the injustice 
to the printers extends far beyond this sum by reducing the price on all cn- 
veloi>e i>rlnting to a ruinous degree because of the unequal and unfair cora- 
peiitirm of the Goverunieut: that the advantage to the Post-Ofllce Depart- 
ment is certainly small; and that therefore the Government can not beds- 
fended upon either that ground or the principle of " the greater good to the 
greatest number,' for the advantage thus offered by the Government is made 
use of principally by large tirms and corporations better able to pay for what 
they get than are the smaller concerns, who naturally can not, and in facli 
do not, except in very few cases, take advantage of such privilege. 

I move that the memorial be referred to the Committee on 
Post-Offices and Post-Roads. 

The motion was agreed to. 

Mr. TURPIE presented a memorial of sundry citizens of Bnnlier 
Hill, Ind., remonstrating against the closing of the Woi'ld's Co- 
lumbian Exposition on Sunday; which was refei-red to the Com- 
mittee on the Quadro-Centennial (Select). 

He also presented a petition of sundry citizens of Kempton, 
Ind., praying for tlie adoption of an amendment to the Constitu- 
tion of the United States prohibiting any legislation by the 
States respecting an establishment of religion or making an an- 
pi'opriation of money for any ssctarian purpose; which was re- 
ferred to the Committee on the .Judiciary. 

Mr. DAWES presented the memorial of William .1. Boynton 
and 30 other members of the Seventh-Day Adventist Church of 
Ess?x County, Mass., remonstrating against Congress commit- 
ting the United States Government to a union of religion and the 
state by the passage of any legislation closing the World's Co- 
lumbian Exposition on Sunday or in any other way committing 
the Government to a course of religious legislation; which was 
referred to the Committee on the Quadro-Centennial (Select). 

Mr. DIXON. I present a petition which, although addressed 
to mo personally, is evidently intended for the consideration of 
the appropriate committee of this body. It is a petition of citi- 
zens of West Kingston, R. I., praying for the adoption of a con- 
stitutional amendment prohiliiting any State from passing leg- 
islation respecting the establishment of religion, etc. I move 
that the petition bo referred to the Committee on the Judiciary 

The motion was agreed to. 

Mr. WASHBURN presented a petition of the Board of Tradj 
of Winona, Minn., praying for the passage of legislation increas- 
ing the salaries of employes in the Railway Mail Service: which 
was referred to the Committee on Post-Offic^es and Post-Roads. 

He also presented the memorial of Martin Martinson and 31 
other citizens of Stillwater, Minn., remonstrating against clos- 
ing the World's Columbian Exposition on Sunday; which was 
referred to the Committee on the Quadro-Centennial (Select). 

He also presented a petition of the Board of Trade of J\Iinue- 
apolis, !Minn., praying for the passage of Senate bill 1757, delin- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3733 



ing options and futures; which was referred to the Committee 
on the Judiciary. 

I\Ir. PADDOCK presented the memorial of P. E. Danielson 
and 12 other citizens of Washington County, Nebr., remonstrat- 
ing against Congress committing the United States Government 
to a union of religion and the state by the passage of any legis- 
lation closing the World's Columbian Exposition on Sunday, or 
in any other way committing the Government to a course of re- 
ligious legislation; which was referi-ed to the Committee on the 
Quadro-Centennial (Select). 

He also presented a petition of the United States Maimed Sol- 
diers' League of Philadelphia, Pa., j^raying for the passage of 
Senate bill 641, providing lor increased pensions for maimed sol- 
diers of the late war; which was referred to the Committee on 
Pensions. 

He also presented a memorial of the Union Veteran Repub- 
lican Club of Lincoln, Nebr., remonstrating against the appro- 
priation by Congress of $100,000 for the purpose of defraying the 
expenses of the national encampment of the Grand Army of the 
Republic to be held at Washington, D.C., during the fall of 1892; 
which was ordered to lie on the table. 

He also presented a petition of Empire Grange, Patrons of 
Husbandry, signed by S. E. Hurd and 28 other members, citi- 
zens of Nebraska, and the petition of S. Snoke and 12 other citi- 
zens of Highland, Nebr., praying for the passage of the Wash- 
burn-Hatch antioption bills; which were referred to the Com- 
mittee on the Judiciary. 

Mr. DOLPH presented the memorial of Mrs. F. W. Graham 
and other citizens of Lane County, Oregon, remonstrating against 
Congress committing the United States Government to a union of 
religion and the state by the passage of any legislation closing the 
World's Columbian Exposition on Sunday, or in any other way 
committing the Government to a course of religious legislation: 
which was referred to the Committee on the Quadro-Centennial 
(Select). 

REPORTS OP COAnvUTTEES. 

Mr. COCKRELL, from the Committee on Military Affairs, to 
whom was referred the bill (S. 2990) for the relief of George W. 
McKinney, reported it without amendment, and submitted a re- 
port thereon. 

Mr. WOLCOTT, from the Committee on the District of Colum- 
bia, to whom was i-eferred the bill (H. R. 3971) to provide for the 
opening of alleys in the District of Columbia, reported it with 
an amendment. 

Mr. HAWLEY. Sundry petitions, praying for the passage of 
a bill providing for the marking of the battle lines at Gettysburg, 
have been sent to the Committee on Militai'y Affairs. Before 
they were sent there a bill on that subject was reported favora- 
ably. I report back the petitions, and move that they be laid 
upon the table. 

The motion was agreed to. 

Mr. HAWLEY, from the Committee on Military Affairs, to 
whom was referred the bill (S. 2988) for the relief of Josiah 
Freeman Herring, of Company K, Fourth Georgia Volunteers, 
Indian war, asked to be discharged from its further considera- 
tion, and that it be referred to the Committee on Pensions; 
which was agreed to. 

Mr. HAWLEY. The bill (S. 2974) granting an honorable dis- 
charge to Ephraim Morrison is no longer necessary, because the 
War Department foun<l itself able to give the requisite relief. 
I report back the bill, ask that the Military Affairs Committee 
be relieved from its further consideration, and that the bill be 
indefinitely postponed. 

The VICE-PRESIDENT. The bill will be indefinitely post- 
poned. 

Mr. BRICE from the Committee on Pensions, to whom was re- 
ferred the bill (S. 2321) granting an increase of pension to Jonas 
Deyo, i-eported it without amendment, and submitted a report 
thereon. 

WITHDR.\WAL, OF PAPERS. 

On motion of Mr. SAWYER, it was 

Ordered, That Kate M. Smith have leave to withdraw her petition and 
papers from the flies ol the Senate, subject to the rules. 

BILLS INTRODUCED. 

Mr. TURPIE. I introduce a bill, and I hope I shall be in- 
dulged in being allowed to say that the object of the bill is to re- 
lieve any soldiers now in the classified service or who may here- 
after bo appointed from competitive examination in the civil 
service of the United States in applications for promotion. We 
are well aware that in the class of soldiers now serving many of 
them are those who did not have the advantages in early life of 
education; that those persons who were engaged in service in 
the armies of the Union occupied a great part of the time in the 
prime of their life in labors not necessarily educational and not 



very well adapted to early educational training. I hope, there- 
fore, that the Committee on Organization, Conduct, and Exjjen- 
ditures of the Executive Departments, to which tho bill will be 
referred, will give the measure early consideration, and that the 
soldiers now engaged in the civil service will have the benefit of 
its provisions as well as those ex-soldiers of the Union who may 
hereafter be appointed. 

The bill (S. 3024) to exempt veterans from competitive exami- 
nations in the classified service of tho United States was read 
twice by its title, and referred to the Committee on Organiza- 
tion, Conduct, and Expenditures of the Executive Departments. 

Mr. COLQUITT introduced a bill (S. 3025) for the relief of the 
Fulton Bag and Cotton Mills Company, of Atlanta, Ga.; which 
was read twice by its title, and, with the accompanying papers, 
referred to tho Committee on Finance. 

Mr. BARBOUR introduced a bill (S. 302(i) to mark the birth- 
jdaco of James Madison, fourth President of the United States; 
which was reatl twice by its title, and referred to the Committee 
on the Library. 

He also introduced a bill (S. 302T) granting pension to Celestia 
P. Hartt; which was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. WILSON introduced a bill (S. 3028) for the relief of Wil- 
liam P. Dunwoody. which was read twice by its title. 

Mr. WILSON. In connection with tho bill, I desire to say that 
I hope the Committee on Claim-i will take ea-Iy action uj)on the 
subject-matter of the bill, as I think it is one involving decided 
merit. 

The VICE-PRESIDENT. The bill will be referred to the 
Committee on Claims. 

Mr. ALLEN introduced a bill (S. 3029) authorizing the con- 
struction of a bridge across tho Columbia River, in the State of 
Washington; which was read twice by its title, and referred to 
the Committee on Commerce. 

AMENDMENT TO A BILL. 

Mr. PERKINS submitted an amendment intended to he pro- 
posed by him to the sundry civil appropriation bill: which was 
referred to the Committee on Indian Affairs, and ordered to_" 
printed. 

DISTRICT THEATER LICENSES. 

Mr. McMillan submitted the following resolution: which 
was considered by unanimous consent, and agreed to: 

Efsoloed, That the Commissioner.s of the District of Columbia be. and 
hereby are, instructed to "report to the Senate forthwith what action, it any, 
they have taken to make building regulations to carry into effect the joint 
resolution ■■toregulateliceusestoproprietorsof theaters in the city of Wash- 
ington, D. C, and foi* other purposes,"' approved February 2'3, 1S92; also 
whether said Commissioners have issued any permits for theaters or public 
halls to be constructed at any considerable height abov.i the level of the street. 

CHEYENNE AND ARAPAHOE RESERVATION. 

The vice-president. Tho Chair lays before the Senate 
a resolution coming over from a previous day. which will be 
statsd. 

The Chief Clerk. Resolution by Mr. Jones of Arkansas re- 
lative to the President's message of February 18, 1892, upon the 
appropriation of March 3, 1891, for payment to the Choctaw and 
Chickasaw Nations for their interest in the Cheyenne and Arapa 
hoe Reservation, Indian Territory. 

The PRESIDENT pro tempore. The question is on agreeing 
to the resolution, on which the yeas and nays have been ordered. 

Mr. ALLISON. Mr. President, when the Senate adjourned 
yesterday I believe I had the floor for the purpose of submitting 
some observations on this resolution. 

Mr. SHERMAN. As this question involves two or three 
million dollars, I should like to see a quorum {)res3nt. There 
is no quorum here now. 

The president pro Umpore. The roll will be called. 

The Secretary called the roll, and the following Senators an- 
swered to their names: 



Allen, 


Cullom, 


Kyle, 


Ransom, 


Allison, 


Daniel, 


McMillan, 


Sawyer. 


Bate, 


Davis, 


McPherson, 


Sherman, 


Berry, 


Dawes, 


Manderson, 


.Shoup, 


Blackburn, 


Dixon, 


Morrill, 


.Stanford, 


Blodgett, 


Dolph. 


P.addock, 


Stswart, 


Brice, 


Felton, 


Palmer, 


Stockbrldge 


Call, 


Fi-ye, 


Perkins, 


Teller, 


Cameron, 


George, 


Pettigrew, 


Turpie, 


Carlisle, 


Gibson, Md. 


Piatt, 


Vest, 


Casey, 


Hausbrough, 


Power. 


Walthall, 


Chandler, 


Hawley, 


Proctor, 


Washburn, 


Cockrell, 


.Tones, Ark, 


Pugh, 


Wilson. 


Colquitt, 


Kenna, 


Quay, 





The president pro tempore. Fifty-five Senators have re- 
s]ionded to their names. A qtiorum is present, and the Senator 
from Iowa will proceed. 

Mr. VEST. I have been detained upon a committee, and I 
ask the Senator from Iowa to permit me to make a report. 

Mr. ALLISON. Very well. 



3734 



CONGRESSIONAL EEOORD-SENATE. 



April 28, 



MISSOUKI EIVER BKIDGE AT LEAVENWORTH. 

Tvr VT7^T I am directed by the Committee on Commerce, 

™Mv' PERKINS I ask imaiiimous consent for the considera- 
tion of the Mfat this time. It was up yesterday, and was re- 

^"^T^eKsiDENT^^rw:^^ 

"^^*'f°"r.i,;,.f riprk read the bill, and there being no objection, 
thel^nat" as'^n Commfttee of the Whole, proceeded to xts con- 

'' The PRESIDENT pro tempore. The amendment of the Com- 

"^"^r. ?"„i'irCLTKr"'ln mSafter the word, " confirmed " 
it l^^ropTed tSke out tVe remainder of the bill, the words to 

be stricken out being as follows: 

All .subject, however, to the conaitions named In said act of Congress. 

And insert the following proviso: 

Promea, ^ou-ev.r, That .he condlt^o^, UnntaU -?,f ^Sy K 
S°oS?>S;sSrc^oS^eTn',l^?cra's t^oth^eSa Leavenworth Tevmtnal RaU- 
way and Bridge Company. 

?l;e ^Si wa^^ioS tS'^^^ate as amended, and the amend- 
'"TheTiu'warm-del- ed to be engrossed for a third reading, read 
the third time, and passed. 

MANAGERS OF NATIONAL SOLDIERS' HOME. 

TM- TT A WT VY 1 beo- the Senator from Iowa to yield to me 
a mom^4 To^ a^matter-'of morning business that onght to be 
transactol prominly. objection to yielding with the con- 

-"-{SPrc^'^^i^WuJ^eS^-^ 

'^MvHAWLEY This is morning business. . . 

Mr'. 5lUs5n.' Very well, if th% Senator has morntng busi- 

'^ m';-^HAWLEY. It is a report from a committee, which I 

^^^i;!i^£[^N.'vr war if ^e senator ^-- ^^^^^^ 

J-?EEa^^^^^?S^^?^Xffl^°KS| 

fo report it favorably wUhotttamendm^^^^ U^^^^'have them 
Xf °TTe^lmesreXrraSi« to everbody, I be- 

''^J^^^^i'S^^^-^'^^ committee of the 
^.qr^oc^i^^^^thejoi^resc^^ 

passed. 

EXCLUSION OP CHINESE 



The PRESIDING OFFICER. If there be no objection, m con- 
-.Pnucnce of ll^e absence of the Senator from Delaware [Mr. 
CRAY he wil also be excused from service on the conference 
Committee Is it ?he desire that the Chair shall fill these two 

vacancies? . 

Mr SHERMAN and others, it is. . 

The kTesidING OFFICER. The Chair will appomt the 
Selatoi from Ohio [Mr. SHERMAN] and the Senator from Ala- 
bama ^Mr. Morgan] in place of the Senat«i-s who have been ex- 

'^"^'"^' TELEPHONE LINE ON VHiGINIA COAST. 

?e\re'l"sLM,'L' a?rof°lhe\frese;vationof^^^^ and property, 

" Mr'-FRYE ' 'i'ask that Ihat bill may take the place of the bill 
rs^ROfVto at thorize the construction of a telephone line on the 

niWy The Chair hears no objection, and it is so ordered. 

CHEYENNE AND ARAPAHOE RESERVATION. 

TheSenateresumedtheconsiderationoftheresolutionreported 
^. .Mv TONES of Arkansas, from the Committee on Indian Af- 
^^' « ;.pHtU e to the Pi-esidenfs message upon the appropriation 
^'fll' u■^^m^^m^v,avment to the Choctaw and Chickasaw na- 
?LS^h^^telVs^^rthe'?;heyenne and Arapahoe Reserva- 

--^^L^iS^'whereinthePresMentcalls^^ 



I 



Mr D WIS I am obliged to bo absent from the city for a few 
da^^ ■anilSc to be excused from service upon the conference 

If Uiere S Sclion, the request of the Senator fromMinne- 
ni;'iHEffl*I^'- I^!;de?.SlhS,Ur senator from Dela- 

ll ^Sd f rom^lrvlcton the committee and that some other 
Senator be appointed. 



taw and Chickasaw nationb. ^"^^^ ^ ^ ^ recommendation 

::;rt wMcf actr^V^nles the resolution. The resolution pro- 

^Trt^ltrilorthlnthem^^^^^^^^^ 

Jon the P-;" -~;;; ^aXand I 'It ^ call attention to 

only asK us to .11 ^^ ^^ committed to the 

payment, but ^if° ^^,,1 ' ^e use of in this report showing or 
reasons and ai-guments maac usl 01 1 (.j^ ,^^^3 and Chicka- 

«l---|.^Jrefofe\\rSeT=^te"m'uTt Igre'^toU^ distinct proposi- 
saws. 1 hereloi e tae o""!^'^^ "^ ^ ^^ payment of the money, 
tions. It must affirmatively agiee to tne]^^ ^^^ commit- 

and it must f ^^-^'^^^^^f^^.fXe e^mmUtee in these reasons in di- 
rect iS-i- If tCSgumenHnd presentations made by the 

^7tt1n\hi wFnSwmnl'while for* us to know something 

recite the history of the t^^'^'jaetions. ^^ ^^^ ^^^ 

no comrttfeo th^H^TuL^^of Sresenlatlvos, as a 

^i^Sl^.^^^?^^1^-^^^^-- -re. 
m''- ipRKlfs The Senator is in error in that particular. 

?-SSibp^Sl^.^^?fi?iiaS 

quently t^e propo.^ition was a^^^^^^^^^ ^^^^ 

priation ^ill; ''"* f'' 'r|l'>.s in the House, and was considered 
Committee on IMianAdaus in m ^^ ^^^ ^_^^^^^ .^_ 

*°Mv aIlISON The Smator from Kansas very properly saj-s 
provided for _a sum ot-0 ffi^ ^'i'l,,.^ f„v,. the deliberate iudg- 



proviaea lor a su.n .. -:o ceu^. ^Veha^-e the" deliberate judg- 
^tit'o^f^S^Hor of R^p'ra^utlth^B a. respects this .uestiou, 



1892. 



CONGRESSIONAL RECORD— SENATE. 



3831 



as it is required by foreclosure proceedings to take property 
from time to time, whicb, however, underth is proposed law, it 
can not hold for more than five years. 

The bill has passed the House of Representatives without ob- 
jection; it was carefully considered by the committee of the 
Senate, and was unanimously reported. It was thought that 
the bill was lig-ht. 

Mr. COCKRELL. I should like to ask whether the House or 
the Senate bill is being considered? 

Mr. PERKINS. The House bill is being considered, as I un- 
derstand it. The Senate bill was laid upon the table, as I re- 
member, or indefinitely postponed. 

Mr. COCKRELL. I was looking at the Calendar to see if this 
was a House bill. There are two bills hero just the same. 

Tlie bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

ORDNANCE STORES AND SUPPLIES TO NEBRASKA. 

The bill (S. 1348) for the issue of ordnance stores and supplies 
to the State of Nebraska, to replace similar stores destroyed by 
fire, was considered as in Committee of the Whole. 

The bill was reported from the Committee on Military Affairs 
with amendments. 

The first amendment was, in line 12, after the woi'd " ti'Ousers," 
to strike out "forty-two" and insert '■ forty;" and inline 1-3, after 
the word ''caps," to strikeout '■ forty- two cavalry dress coats, 
forty-two cork helmets with spikes and plumes, two bugles, and 
one stand of colors, including' two cavalry guidons," and insert 
"and two trumpets;" so as to make the clause read: 

Clotlilng, camp, and garrLson eciuipage: Foi'ty-two cavalry blouses, forty- 
two cavalry trousers, forty lorage cai>s, and two trumpets. 

The amendment was agreed to. 

The next amendment was, inline 18, after the word " pattern," 
to strike out '"fifty cartridge belts and fifty slings;" seas to make 
the clause read: 

Ordnance and ordnance stores : Fifty sabers, fifty saber belts, fifty cavalry 
bridles complete, fifty Springfield carbines complete (latest pattern). 

The amendment was agreed to. 

The next amendment was, to insert the following as an addi- 
tional section : 

Sec. 3. That there is hereby appropriated, out of any money in the Treas- 
ury not otherwise appropriated, the sum of $1.3I().31 to enable the Secretary 
of War to purchase the ordnance and ordnance stores called for herein, and 
the fiu-ther sum ot J368.12 to fm-ther enable the Secretary of War aforesaid 
to purchase the quartermaster's stores or clothing, camp, and garrison equip- 
age mentioned and called for in this act. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

DUNBAR R. RANSOM. 

The bill (S. 2481) to place Dunbar R. Ransom on the retired 
list of the Army was considered as in Committee of the Whole. 
It proposes to authorize the President of the United States to 
nominate and, by and with the advice and consent of the Senate, 
to appoint Dunbar R. Ransom, late captain in the Third Artil- 
lery of the Army, a captain in the Army, and to place him on the 
unlimited retired list. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

LORAIN RUGGLES. 

The bill (S. 307 ) for the relief of Lorain Ruggles was announced 
as next in order. 

Mr. COCKRELL. I object to that bill. It ought to be post- 
poned indefinitely, as recommended by the Committee on Mili- 
tary Affairs, unless some Senator des'ires its retention on the 

The PRESIDING OFFICER. Objection being made, the bill 
will go over under Rule IX. 

SILK CULTURE IN THLE UNITED STATES. 

The bill (S. 979) for the development and encouragement of 
silk culture in the United States, imdor the supervision of the 
Secretary of Agriculture, was announced as next in order. 

Mr. VEST. Let that bill go over. 

The PRESIDING OFFICER. ObjecUon being made, the bill 
will bo passed over. 

Mr. MITCHELL. I hope the Senator from Mis.souri will not 
insist on his objection, but will allow the bill to go over without 
prejudice. It is an important bill for the development of the 
silk industry in this coimtry. 

Mr. PLATT. I shoidd like to examine the bill. I do not ask 
to have it go over permanently but only temporarily. 

Mr. VEST. I have not had time to examine the bill. Does 
it not create another office':' 



Ml'. MITCHELL. The Senator from Mississippi [Mr. George] 
reported the bill. I had the honor to introduce it originally, 
but a substitute has been reported by the committee. 

Mr. GEORGE. It only provides for an expenditure of $2,000 
per annum. 

Mr. VEST. I should like to look at the bill. 

Mr. MITCHELL. I hope the bill will not lose its place on the 
Calendar. 

The PRESIDING OFFICER. The bill will be passed over 
informally, retaining its ijlace. 

PEKJUBY AT LAND OFFICES. 

The bill (S. 2l()l) to provide for and to jninish the crime of 
pci'jury before the United States local land offices was considered 
as in Committee of the Whole. 

The bill was reported from the Committee on the Judiciary 
with an amendment, to strike out all after the enacting clause and 
insert: 

That in all cases where any oath, attlrmatlou, or affidavit shall be made or 
taken before any register or receiver, or either, or both, of them, of any local 
land olTlce of the United States or any Territory thereof, or where any oath, 
afllrmation, or affldavlt shall be made or taken before any person authorlzetl 
by the laws of any State or Territory of the United States to administer 
oaths or afllrmations, or to take atlldavits, ami s\ich oaths, alllrmations. or aOl- 
davlts are made, used, or filed in any of said local land offices, or in the General 
Laud Office, as well in cases arising umler an,v or either of the orders, regu- 
lations, or Instructions, concerning any of tlio public lands of the United 
Slates issued by the Commissioner ot the General Land Office, or other 
proper officer of the Government of the United Slates, as under the laws of 
the United States, ill anywise relating lo or allecting any right, claim, or 
title, or any contest therefor, to any of the public lands of the ijnited .States, 
and if any person or persons shall, taking such oath, atfiruiation, or affidavit, 
knowingly, willfully, or corruptly, swear or afllrm falsely, the same shall be 
deemed and taken lo be per.)ui'y, and the person or persons guilty thereof 
shall, upon conviction, bo liable to the punishment iirescribed for that of- 
fense by the laws ot theUnited States. 

Mr. WILSON. This bill is rendered necessary by reason of 
the effect of some recent decisions of some local coiirts in tho 
West. There can be no objection lo it, as it merely revives a 
section of law passed in 18.)7, which by an omission in the repeal- 
ing clause in the Revised Statutes was repealed entirely, so that 
the character of crime described in this amendment, which is 
simply a recital of the old law, can not bo reached in the courts. 
Therefore it is necessary, in order to provide for the punishment 
of such crimes, that this additional legislation should be had. 

The amendment was agreed to. 

The bill was reported to the Senate asamended, and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

The PRESIDING OFFICER. The question is on agreeing to 
the preamble, which the committee recommend be stricken out. 

Mr. WILSON. The preamble should be stricken out, I tliink. 

The preamble was rejected. 

CUARTEL LOT, IN MONTEREY, CAL. 

The bill (S. 2599) releasing the right, title, and interest of the 
United States to the piece or parcel of land known a.s the Cuartel ' 
lot to the city of Monterey, Cal., was announced asnextin order. 

Mr. COCKRELL. I should like to have some explanation of 
that bill. I see the Senator from Oregon [Mr. DolphJ who re- 
ported it is present. It purports to confirm title to one partic- 
ular lot, naming it, but there is such language in the body of tho 
bill as to confirm all the public lands around Sacramento to the 
city. Now, if this bill is intended to confirm only title to this 
one lot, then we know exactly what it is. but if it is to be aswe.'p- 
ing and general law, we do not know what it covers. 

Mr. DOLPH. The bill relates simply to a little lot that had 
some sort of a military establishment on it at the time Mexico 
was captm-ed, and the title is disputed. 

Mr. COCKRELL. This bill seems to be very adroitly pre- 
pared, and appears to have been introduced by request. The 
lang'uage used is as follows: 

That the city of Monterey, Cal., is hereby designated as the trustee of the 
original grant made by the M,exican Government ot pueblo lands— 

Not of this Cuartel lot, but of all pueblo lands. That is a little 
too broad. I move to strike out in line 9 the words " of pueblo 
lands," and then in line 10, after the word "of," to strike out 
" said pueblo." 

Mr. DOLPH. If the Senator will allow this bill to go over a 
moment, I will look at it. It was rejjorted and passed at the 
last session. I will make some inquiries about it. I think it is 
only intended to make the present city of Monterey the successor 
of the old corporation. 

Mr. COCKRELL. To this lof? 

The PRESIDING OFFICER. Is there objection to the pres- 
ent consideration of the biU? 

Mr. DOLPH. Let it go over temporarily, and I will call it up 
again. 

The PRESIDING OFPTCER. The bill wUl be passed over iu- 
formallj'. 



3832 



CONGRESSIONAL RECOED— HOUSE. 



May 2, 



SOLDIERS' HOME IN KANSAS. 

The bill (S. 2140) to authorize the Secretary of the Interior to 
convey to the State ol Kansas certain lands therein named for 
homos of old soldiers and their f<imilies, etc., was announced as 
next in order on the Calendar. 

Mr. COCKRELL. Let that bill go over without losing its 
place on the Calendar. 

The PRESIDING OFFICER. Objection being made, the bill 
will be passed over informally. 

Mr. PERKINS. I hope it may go over with the understand- 
ing that it may not lose its place. 

Mr. COCKRELL. I said not to lose its place on the Calen- 
dar. There is no report with the bill. There is already a na- 
tional volunteer soldiers' home in Kansas at Leavenworth, and 
the General Government supports these State homes by one-half 
contributions to them. Unless there issome very extraordinary 
reason, 1 do not see why we should establish a State home in a 
State where there is already a national home. 

Mr. PERKINS. This bill does not provide for the establish- 
ment of a soldiers' home under the supervision of Congress, but 
simply donates this land to the State of Kansas that the State 
of Kansas may establish a home. 

Mr. COCKRELL. But there is a general provision that the 
United States Treasury pays one-half of the expenses of the 
State homes, and Kansas would come in and claim that as amatr 
ter of course. There is no question on that point. 

The PRESIDING OFFICER. The bill will bo passed over, 
retaining its place on the Calendar. 

,__5 . SALE OF DISTRICT LOTS. 

The bill (S. i'ui) to provide for the sale of certain lots in the 
District of Columbia was considered as in Committee of the 
Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third I'eading, read the third time, 
and passed. 

PRESIDENTIAL APPROVAL. 

A message from the President of the United States, by Mr. 
O. L. Pruden, one of his secretaries, announced that the Presi- 
dent had on the 30th ultimo approved and signed the act (S. 
1415) for the relief of John Nickels. 

CHINESE EXCLUSION. 

Mr. DOLPH submitted the following report; which was read: 

The couuuittce of conference on tlie disafjreeing votes of the two Houses 
on the aineuilmeut of the Senate to the bill H. R. 6185, having met, after full 
and free conference, hare agreed to recommend to their respective Houses 
as follows; 

That the House recede fromitsdisagreement to the amendmentof the Sen- 
ate, and agree to the same with amendments as follows: 

In section 3, line 2, after the word "act," Insert the words "or the acts 
hereby extended," 

In section 4, line 2, after the word "descent," strike out the word "once." 

In section -1, after the words "United States," in line 3, strike out all down 
to the word " .shall," in line 0. 

In section 4, line 7, strike out the words "six months" and insert in lieu 
thereof "one year." 

Add new sections as follows: 

" Sec. 6. That after the passage of this act, on an application to any judge 
or court of the United States in the first instance for a writ of habeas cor- 
ptis by a Chinese person seeking to land in the United States, to whom that 
privilege has been denied, no bail shall be allowed, and such application 
shall bo heard and determined promptly, without unnecessary delay. 

" Sec. 6. And it shall be the duty of allChinese laborers within the limits of 
the United States at the time of the passage of this act, and who are entitled 
to remain in the United States, to apply to the collector of internal revenue 
of then- respective districts, within one year after the passage of this act, 
for a certificate of residence, and any Chinese laborer within the limits of 
the United States who shall neglect, fail, or refuse to comply with the pro- 
visions of this act, or who. after one year from the passage hereof, shall be 
found within the jurisdictiou of the United States without stich certificate 
of residence, shall be deemed and adjudged to be unlawfully within the 
United States, and may be arrested by any United States customs ofHcial, 
collector of internal revenue or his deputies. United States marshal or his 
deptities and taken before a United States judge, whose duty it shall be to 
order that he be deported from the United States, as hereinbefore provided, 
unless he shall establish clearly to the satisfaction of said judge that by 
reason of accident, sickness, or other unavoidable cause he has been unable 
to procure his certificate, and to the satisfaction of the court, and by at least 
one credible white witness that he was a resident of the United States at the 
time of the passage of this act; and if tipon the hearing it shall appear that 
he is so entitled to a certificate, it shall be granted upon his paying the cost. 
Should it appear that said Chin.amau had procured a certificate, which has 
been lost or destroyed, he shall be detained and judgment suspended a rea- 
sonable time to enable him to procure a dtiplicate from the otlicer granting 
it, and in such cases the costs of said arrest and trial shall be in the discre- 
tion of the court. And any Chinese person other than a Chinese laborer, 
having a right to be and remain in the United States, desiring such certifi- 
cate as evidence of such right, may apply tor and receive the same without 
charge. 

"Skc. * That immediately after the passage of this act, the Secretary of 
the Treasiu'y shall make such rules and regulations as may be necessary for 
the efficient execution of this act, and shall prescribe the necessary forms, 
and furnish the necessary blanks to enable collectors of internal revenue to 
issue the certificates retjuired hereby, and make such provisions that cer- 
tificates may be procured in localities convenient to the applicants. Such 
certificates shall be issued without charge to the applicant, and sliall con- 
lain the name, age, local residence, and occupation of the applicant, and 
such other description of the applicant as shall he prescribed by the Secre- 
tary of the Treasury, and a duplicate thereof shall be filed in the office of the 



collector of internal revenue for the district within which such Chinaman 
makes application. 

"Sec. 8. That any person who shall knowingly and falsely alter or substi- 
tute any name for the name WTitten in such certificate, or forge such cei*- 
tiflcate, or knowingly tttter any forged or fratidulent certificate, or falsely 
personate any person named m such certificate, shall bo guilty of a mis- 
demeanor, and upon conviction thereof shall be fined in a sum not exceeding 
8^1,000, or imprisoned in the penitentiary for a term of not more than five 
years. 

.Sec. 9. The Secretary of the Treasury may atuhorize the payment of such 
compensation in the nature of fees to the collectors of internal revenue, for 
services performed under the provisions of this act, in addition to salaries 
now allowed by law, as he shall deem necessary, not exceeding the sum of $1 
for each certificate Issued. 

And the House agree to the amendment of the Senate to the title so as to 
read as follows: "An act to prohibit the coming of Chinese persons into the 
United States." 

J. N. DOLPH, 
JOHN T. MORGAN, 
Managers 07i the part of the Senate. 
T. J. GEARY, 
J. LOGAN CHIPMAN, 
Managers onthepart of the Bouse of Representatives. 

EXECUTIVE SESSION. 

:Mr. SHERMAN. I move that the Senate proceed to the con- 
sideration of executive business. 

The motion was agreed to; and the Senate proceeded to tha 
consideration of executive business. After two hours and thirteen 
minutes spent in executive session the doors were reopened, and 
at 4 o'clock and 10 minutes p. m. the Senate adjourned until to- 
morrow, Ttiesday, May 3, 1892, at 12 o'clock m. 



NOMINATION. 
Eiacutive nomination received by tlie Seiutic May S, 1S9S. 

ENVOY EXTRAORDINARY AND MINISTER PLENIPOTENTIARY. 

T. .Jefferson Coolidge, of Massachusetts, to be envoy extraordi- 
nary and minister plenipotentiary of the United States to France, 
vice Whitelaw Reid, resigned. 



CONFIRMATIONS. 
Executive nominations confirmed by the Senate May 2, 1892. 

PROMOTIONS IN THE ARMY. 

Quartermaster's Department. 

Capt. John Simpson, assistant quartermaster, to be quarter- 
master. 

Infantry Arm. 

Lieut. Col. Edward G. Bush, Eleventh Infantry, to be colonel. 

Maj. Edward C. Woodruff, Fifth Infanti-y, to be lieutenant- 
colonel. 

Capt. George B. Russell, Ninth Infantry, to be major. 

First Lieut. Thomas S. ^leCaleb, regimental adjutant. Ninth 
Infantry, to be captain. 

COLLECTOR OF INTERNAL REVENUE. 

Homer C. Powers, of Mississippi, to be collector of internal 
revenue for the district of Louisiana. 

POSTMASTER. 

George W. Shoemaker, to bo postmaster at Albany, in the 
county of Gentry and State of Missouri. 



HOUSE OF EEPRESENTATIVES. 

Monday, .May 3, 1892. 

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. 
William H. Milburn, D. D. 

The .Journal of the proceedings of Saturday was read and ap- 
l^roved . 

LE.WE OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 

To :Mr. McKlNNEY, for one day, on account of impotrant busi- 
ness. 

To Mr. Washington, for one week, on account of important 
business. 

To Mr. Harter, for this day. 

THE CENSUS INVESTIGATION. 

The SPEAKER. The Chair will lay before the House api-o- 
posed order, which the Clerk will read: 

The order was read, as follows: 

Ordered. The Committee on Census, heretofore ordered to investigate the 
administration of the Census Office, is authorized to discharge that duty by a 
subcommittee appointed by the chairman, and the expenses of the investi- 
gation shall be paid out of the contingent fund of the House on vouchers to 
be approved by the chairman of said committee. 

The SPEAKER. Is there ejection to the adoption of this or- 
der? 
There was no objection, and the order was adopted. 



1892. 



CONGRESSIONAL EECORD— HOUSE. 



3921 



The result was announced— yeas 19, nays 26; as follows: 







YEAS-:9. 




Barbour, 


Daniel, 


McPlierson, 


Ransom, 


Beri-y, 


George, 


Morgan, 


Squire, 


Butler, 


Gorman, 


Palmer, 


Stewart, 


Cameron, 


Harris, 


Pasco, 


Vest. 


Cockrell, 


mil. 


Pugh, 
NAYS— 26. 




AldrlcU, 


Coke. 


ratcUell, 


Sanders, 


Allen, 


Cullora, 


Paddock, 


Sawyer, 


Allison, 


Dolph. 


PefTer, 


Shoup. 


Bat«, 


Felton, 


Perkins, 


Stock bridge 


Call, 


Prye, 


Piatt, 


Warren. 


Casey, 


Gray, 


Power, 




Chandler, 


Kyle, 


Proctor, 






NOT VOTING— 43. 




Blackburn, 


GalUnger, 


Jones, Ark. 


Teller, 


Blodgett, 


Gibson, La. 


Jones. Nev. 


Turpie, 


Brlce, 


Gibson, Md. 


Kenna, 


Vance, 


Cai-ey, 


Gordon, 


McMillan, 


Vilas. 


Carlisle, 


Hale. 


Manderson, 


Voorhees, 


Colquitt, 


Hansbrough, 


MilLs. 


Walthall. 


Davis, 


Hawley, 


Morrill, 


Washburn, 


Dawes, 


Higgins, 


Pettigrew, 


White. 


DLKon, 


Hiscock, 


Quay, 


Wilson, 


Dubois, 


Hoar. 


Sherman, 


Wolcott. 


Faulkner, 


Irby, 


Stanford, 





So the Senate refused to adjourn. 

The PRESIDING OFFICER. The question recurs on the 
amendment proposed by the Senator from Missouri [Mr. COCK- 
RELL] to the bill under consideration. 

EXECUTIVE SESSION. 

Mr. QUAY. I move that the Senate proceed to the consider- 
ation of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After ten minutes spent 
in executive session the doors were reopened, and (at 4 o'clock and 
5 minutes p. m.) the Senate adjourned until to-morrow, Thurs- 
day, May 5, 1S92, at 12 o'clock m. 



NOMINATIONS. 

Executive nominations received b>j the Senate May 4, 189-2. 

UNITED STATES ATTORNEY. 

Ferdinand B. Earhart.of Louisiana, to be attorney of the United 
States for the eastern district of Louisiana, vice William Grant 
i-esigned. 

CONSUL. 

Richard Lamb3rt, of San PrancLsco, Cal., to be consul of the 
United States at Mazatlan, to which office he was appointed dur- 
ing the last recess of the Senate, vice Edward G. Kelton, re- 
signed. 

PROMOTIONS IN THE ARMY. 

Infantry arm. 

First Lieut. Daniel H. Brush, Seventeenth Infantry, to be cap- 
tain. May 2, 1892, vice Howe, Seventeenth Infantry, '.'etired from 
active service. 

Second Lieut. Daniel B. Devore, Twenty-third Infantry, to be 
first lieutenant. May 2, 1892, vice Brush, Seventeenth Infantry, 
promoted. 



HOUSE OF REPEESBNTATIVES. 

Wednesday, May 4, 1892. 

The House mot at 12 o'clock neon, and was called to order by 
the Sjjeaker. 

Prayer by the Chaplain, Rev. W. H. Milburn, D. D. 

The Journal of the proceedings of yesterday was read and ap- 
proved. 

ADDITIONAL ROOJI SPACE, ADJUTANT-GENERAL'S OFFICE. 

The SPEAKER laid before the House a letter from the Sec- 
retary of War, •transmitting a copy of a letter from the Adjutant- 
General, representing the necessity for additional room space for 
his office, to accommodate the division of military information 
as reorganized and enlarged, and recommending that the request 
be complied with; ordered to be printed, and referred to the Com- 
mittee on Appropriations. 

URGENT DEFICIENCY, SUPREME COURT, DISTRICT OF COLUM- 
BIA. 

The SPEAKER laid before the House a letter from the At- 
torney-General, transmitting a petition signed by the criers and 
bailiffs of the supreme court of the District of Columbia, and 
recommending that an urgent deficiency appropriation be made 
covering- this subject-matter; ordered to be printed, and referred 
to the Committee on Appropriations. 



SENATE BILLS REFERRED. 

The SPEAKER. There are quite a number of Senate bills 
that came over day before yestei-day, the titles of which have 
been printed in the Record. If there bo no objection, thoChaif 
will refer them without having them separately read at the 
Clerk's desk. 

There was no objection. 

The bills and references are as follows: 

A bill (S. 4.53) granting a pension to KlizaConroy — to the Com- 
mittee on Invalid I'ensions. 

A bill (S. 520) granting an increase of pension to Oliver P. 
Goodwin — to the Committee on Pensions. 

A bill (S. 789) for the relief of Warren Hall— to the Committee 
on Claims. 

A bill (S. 1140) for the relief of .John C. Smith, Milton Evans, 
and others— to the Committee on the Public Lands. 

A bill (S. 1141!) granting a pension to Mary A. Wise — to the 
Committee on Invalid Pensions. 

A bill (S. 1279) tor the correction of the military record of Wil- 
holm Spiegelburg — to the Committee on Military Affairs. 

A bill (S. 1.348) for the issue of ordnance stores and supplies to 
the State of Nebraska to re])lace similar stores desti-oyed by fire — 
to the Committee on the Militia. 

A bill (S. 153-5) to increase the pension of Andrew ,1. Mouros — 
to the Committee on Invalid Pension.-:. 

A bill (S. 1777) for the erection of a public building at Selma, 
Ala. — to the Committee on Public Buildings and Grounds. 

A bill (S. 1975) for the jn'Otection of livery -stable keepers and 
other persons keeping horses at livery within the District of Co- 
lumbia — to the Committee on the Disti-ict of Cohunbia. 

A bill (S. 2007) for a public building at Altoona, Pa., and ap- 
propriating money therefor — to the Committee on Public Build- 
ings and Grounds. 

A bill (S. 2087) for the relief of Charles Fletcher, alias James 
H. Mitchell — to the Committee on Military Affairs. 

A bill (S. 2092) to fix the price of lands entered under the des- 
ert-land laws — to the Committee on the Public Lands. 

A bill (S. 2161) to provide for and to punish the crime of per- 
jury before the United States local land offices — to the Committee 
on the .ludiciary. 

A bill {S. 2481) to place Dunbar R. Ransom on the retired list 
of the Army — to the Committee on Military Affairs. 

A bill (S. 2575) to provide for the sale of certain lots in y^- 
Districtof Columbia — to the Committee on the District of Colum- 
bia. 

A bill (S. 2(505) granting a pension to Mrs. Adelia New, of In- 
dianapolis, Ind. — to the Committee on Invalid Pensions. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted to Mr. 
Rockwell, for ten days, on account of important business. 

NEMIAH GARRISON, ASSIGNEE. 

Mr. WINN. I ask unanimous consent for the present consid- 
eration of the bill which I send to the Clerk's desk. 

The bill was read, as follows: 
A bill iH. R. 3508) for therelief of Neniiali Garrison, assignee of Moses Perkins. 

Be it enacted hy the Senate and House of Representatitesoflhe United States of 
America in Congress assembled, That the Secretary of the Treasury lj<", and he 
is hereby, authorized and directed to pay Nomiah Garrison, a citizen of the 
State of Georgia, the .sum of $750. out of any money in the Treasury not other- 
wise appropriated, in accordance with the judgment of the Court of Claims 
In the case of Nemiah Garrison, assignee of Moses Perkins vs. The United 
States. 

The SPEAKER. Is there objection to the present considera- 
tion of this bill? 

Mr. HOLMAN. Mr. Speaker, I would like to have some ex- 
planation of it. The report, I suppose, accompanies the bill. 

Mr. WINN. Certainly. 

The SPEAKER. The Clerk will read the report. 

The report was read, as follows: 

The Committee on War Claims, to whom was refeiTed the bill (H. R. 3508) 
for the relief of Nemiah Garrison, assignee of Moses Perkins, submit the fol- 
lowing report; 

This claim was submitted to the Fiftieth Congress and a report was made 
thereon by the Committee on Claims. As the investigations of j'our com- 
mittee have ledtlu-iti to si]l)slautially tlie same results as those arrived at by 
the committee of thi; FifticthCon,'j;r("ss. it is deemed unnecessary to recapitu- 
late the facts. A copy of the reporL in the Fiftieth Congress is attached 
hereto for information and made a part of this report. 

Your committee recommend that the bill do pass. 

[House Report No. 610, Fiftieth Congress, lirst session.] 

The Committee on Claims have considered House bill No. 7109, for the re- 
lief of the executor or administrator of the estate of Nemiah Garrison, 
assignee of Moses Perkins, and recommend that it do pass, with the follow- 
ing amendment: Strike out the words " with interest." in lino 7. 

This matter received the favorable consideration of the Committee on 
Claims in theForty-Hfth Congress. The following report from that commit- 
tee is adopted and made part hereof: 

"The Committee on Claims, to whom was referred the bill il. R. 0<^. have 
had the same under consideration, and present the following report thereon: 

"The facts tipon which this claim are based were investigated and deter* 



XXIII- 



-246 



3i)*32 



CONGRESSIONAL RECORD— HOUSE. 



May 4, 



niiiipa bv the Court of Claims, which rendered judgment against the United 
Stat.'-i on the 33d day o( IMarch, A. D. 1800, as fully appears by a report of the 

^ ". ,j v.,.^ *., .^«i,i n,^,,,.f i>i-.,li-, fy-, t>,o )]v«t. Qf^t;«irni of the ThIrtv-si'V'th 

C( 

*^'Youi"commTttVerepor\rbaclFsaW buV, with an amendment, as follows, viz. 
In line 7, strilie out the words •■ with Interest: " and, thus amended, recom- 
mend its passage. 

Mr. BURROWS. Do I understand this was passed upon by 
the Committee on War Claims'? 

Mr. WINN. Yes? 

The SPEAKER. Is there objection to the present considera- 
tion of the bill? 

There \Yas no objection. 

The bill was ordered to bo engrossed and read a third time; 
and being engrossed was accordingly read the third time, and 

passed. . . , ., , ^ * 

On motion of Mr. WINN, a motion to reconsider the last vote 

was laid on the table. 

CHANGE OF REFERENCE. 

Mr. WISE. I am instructed by the Committee on Interstate 
and Foi-eiirn Commoroo to report back the bill S. 1295, and to 
ask that the committee be discharged from the further consid- 
eration of it, and that it be referred to the Committee on Rivers 
and Hai-bors. , , .„ 

The SPEAKER. The Clerk will report. the title of the bill. 

The Clerk read as follows: 

A bill (S 1395) to authorize the construction of jetties, piers, and breali- 
wal ers at private expense In the Gulf of Mexico, at the mouth of Ropes Pass, 
in the State of Texas. 

The SPEAKER. The gentleman from Virginia [Mr. Wise] 
asks that the Committee on Interstate and Foreign Commerce 
lie discharged from the further consideration of this bill, and 
that it be referred to the Committee on Rivers and Harbors. Is 
there objection? 

There was no objection, and it was so ordered. 

CHINESE EXCLUSION. 

Mr. GEARY. I have a conference report which I wish to pre- 
sent. I send it to the Clerk's desk, and move that it be adopted; 
and upon that I move the previous question. 

The SPEAKER. The conference report will be read. 

The Clerk road as follows: 

The committee of conference on the disagreeing votes of the two Houses 
on the amendment of the Senate to the bill H. R. 0185, having met, after full 
and tree conference, have agreed to recommend to their respective Houses 

as follows: , . ^ ., r. 

That the House recede from its disagreement to the amendment of the Sen- 
ate, and agree to the same with amendments as follows: 

In section 3, line 3, after the word "act," Insert the words "or the acts 
hereby extended." . j, ,. ., 

In section 4, line 2, after the word "descent," strike out the word once. 
In section 4, after the words "United States," in line 3, strike out all down 
to the word " shall," in line 0. ,. . ,. 

In section 4, line 7, strike out the words " six mouths and msert m lieu 
thereof "one year." 
Add new sections as follows: . , 

" Sec. 5. That after the passage of this act, on an application to any judge 
or oourt of the United States in the ilrst Instance for a writ of habeas cor- 
pus by a Chinese person seeking to land in the United States, to whom that 
privilege has been denied, no bail shall ba allowed, and such application 
shall be heard and determined promptly, without unnecessary delay. 

■SEC. 6. And it shall be the duty of all Chinese laborers within the limits of 
the United States at the time of the passage of this act, and who are entitled 
to remain In the United States, to apply to the collector of internal revenue 
of theii- respective districts, within one year after the passage of this act. 
lor a certiacate of residence, and any Chinese laborer within the limits of 
the United States who shall neglect, faU, or refuse to comply with the pro- 
visions of this act, or who, after one year from the passage hereof, shall bo 
found within the jurisdiction of the United States without such certihcate 
of residence, shall be deemed and adjudged to bo imlawfully withm the 
United States, and may be arrested by any United States customs ofBcial, 
collector of internal revenue or his deputies. United States marshal or his 
deputies and taken before a United States judge, whose duty it shall be to 
order that he bo deported from the United States, as hereinbefore provided, 
unless he shall establish clearly to the satisfaction of said judge that by 
reason of accident, sickness, or other unavoidable cause he has been unable 
to procure his certificate, and to the satisfaction of the court, and by at least 
one credible white witness that he was a resident of the United States at the 
time of the passage of this act; and if upon the hearing it shall appear that 
he is so entitled to a certllfcate, it shall be granted upon his paying the costs. 
Should it appear that said Chinaman had procured a certLtlcate, wlilch has 
been lost or destroyed, ho shall bo detained and judgment suspended a rea- 
son:ible time to enable him to procure a duplicate from the otUcer granting 
it, and in such cases the costs of said arrest and trial shall be in the discre- 
tion of the court. And any Chinese person other than a Chinese laborer, 
having a right to be and remain in the United States, dosu-ing such certifl- 
cate as evidence of such right, may apply for and receive the same without 
char^'e 

"SEC. 7. That immediately after the passage of this act, the Secretary of 
the Treasury shall in:ik6 such rules and regulations as may be necessary for 
the effloiont'cxecutiou of this ;ict, and shall prescribe the necessary forms, 
and furnish the necessary blanks to enable collectors of internal revenue to 
issue the certiacates required hereby, and make such provisions that cer- 
tificates may be procured In localities convenient to the applicants. Such 
certificates shall be issued without charge to the applicant, and shall con- 
tain the name, age. local residence, and occupation of the applicant, and 
such other description of the applicant as shall be prescribed by the Secre- 
tary of the Treasm'y, and a duplicate thereof shall be filed in the ofttce of the 
collector of internal revenue for the district within which such Chinaman 
makes application. , , , ,» ,, .■ 

"Sec. 8. That any person who shall knowingly and falsely alter or substi- 
tute any name for' the name wTitten in such certificate, or forge such cer- 



tificate, or Icnowingly utter any forged or fraudulent certificate, or falsely 
personate any person named in such certificate, shall be guilty of a mis- 
demciinor, and upon conviction thereof shall be fined in a sum not exceeding 
$1,00U, or imprisoned in the penitentiary for a term of not more than five 
years. 

"Sec. 9. The Secretary of theTreasury may authorize the payment of such 
compensation in the nature of fees to the collectors of Internal revenue, for 
services performed under the provisions of this act, in addition to salaries 
now allowed by law, as he shall deem necessery, not exceeding the sum of $1 
tor each certificate issued." 

And the House agree to the amendment of the Senate to the title so as to 
read as follows: "An act to prohibit the coming of Chinese persons into the 
United States." 

T. J. GEARY, 
.1. LOGAN CHIPMAN, 
Managers on theiiart of the House of Eepresentativen 
J. N. DOLPH, 
JOHN T. MORGAN, 
ManaQers on tJieijart of the Senaf' 

The statement of the conferees on the part of the Houac was 
read, as follows: 

STATEMENT. 

The managers on the part of the House on the disagreeing votes of the two 
Houses on H. R. 6185 make the following statement to accompany the re- 
port of the conferees of the two Houses. 

The first amendment merely makes more certain the laws to be continued 
in force. 

The second amendment provides for the pimishment of those who at- 
tempt to violate the law the first time Instead of for the second offense. 

The third amendment Increases the limit of punishment from sis months 
to one year. 
The other amendments explain themselves. 

T. J. GEARY. 
J. LOGAN CHIPMAN. 
Managers on part of /louse. 

The SPEAKER. The gentleman from California demands 
the previous question upon the adoption of the report. 

Mr. HOOKER of Mississippi. Mr. Speaker, I hope we sTiall 
have some discussion of this matter, or some explanation of the re- 
port greater than this small fragment that has teen read. I do not 
understand, and I take it for granted a great many members do not 
understand, precisely the effect of the report. Therefore I think 
wo ought to have some discussion upon the report. It is a very 
important matter, one which was very fully discussed when Sen- 
ator DOPLH made the report in the Senate, and it is one of im- 
portance to the House, and it is a question upon which the House 
ought to pass more deliberately than it did the bill as it origi- 
nally passed through the House. I think there ought to te a 
full explanation of the changes that have been made by the com- 
mittee of conference. I hope the motion for the previous ques- 
tion will be voted down. We passed the former bill under the 
spur of the previous question, and passed it without the House 
understanding it. 

The SPEAKER. The question is not debatable. 

The question was taken on ordering the previous question, 
and the Speaker announced that the " ayes " seemed to have it. 

Mr. HOOKER of Mississippi. I demand a division. 

The House divided, and there were — ayes 9", noes 17. 

So the jjrevious question was ordered. 

The SPEAKER put the question on the adoption of the con- 
ference re))Ort. 

Mr. HITT. Is there no debate upon this question after the 
previous question has been ordered? 

The SPEAKER. There is, if gentlemen desire it, fifteen min- 
utes on either side. 

Mr. HITT. I think there ought to be some explanation of this 
ro]5ort. 

The SPEAKER. The Chair recognizes the gentleman from 
Illinois. 

Mr. HITT. I shaU oppose the adoption of the report. I hope 
the gentleman from California [Mr. Geary] who brings in the 
report is willing to explain it so that an intelligent man watch- 
ing him closely can get some understaning of the hill, what- 
ever it be, contained or implied in this conference report. 

Mr. GEARY. It depends upon the degree of intelligence pos- 
sessed. 

ISIr. Speaker, this bill, as it has been reported back by the 
committee of conference, provides for the continuance of the ex- 
isting law upon this subject, with the addition of a few amend- 
ments agreed to by the Senate, and which are intended to make 
more effective the operation of the existing law. It is not the 
House bill. All those drastic features that some gentlemen found 
so much fault with have been eliminated by the Senate. The 
Senate has agreed to this report, and we are anxious to get th? 
bill through ,"l.iecause the law expires the day after to-morrow. 

Mr. HITT. The statement of the gentleman throws very little 
light upon the bill. A very close search of a series of several 
obscure documents is required in order to learn the meaning of 
this conference report. In the first place, it is the House bill 
amended by the Senate by the substitution of a bill continuing 
the existing exclusion laws. To that the committee of confer- 
ence have made a series of verbal and important amendments in 
different i)arts of that Senate bill. Added to that ai-e a .series of 



1892. 



CONGRESSIONAL RECOED— SENATE. 



4001 



of Maryland, are engaged at the present time In the laudable elTort to erect 
in the State of Maryland a monument to all patriots of the said State who 
aided during the Revolutionary war to establish the independence of the 
said State and of these United States of America; and 

Whereas Maryland furnished over 20,000 soldiers fully equipped and per- 
fect in discipline to the Revolutionary army, troops that were distinguishea 
for great bravery in the flekl, as shown: 

First. At Fricks Mill Pond, Long Island, where ■100 of the Maryland Reg- 
iment, under MaJ. Gist, with fixed bayonets charged six different tmies 
Comwallis's brigade of Regtilars, and by their great gallantry saved the 
American Army, and caused Washington to exclaim, "Good God! what 
brave fellows I must this day lose." ' . ^ . . 

Second. As shown when acting as rear guard in the defense of the retreat 
of the American Army from Long Island and from New York. „ , ^ ..^, ^ 

Third Asshownat Harlem Heights, when the First Regiment, Col. Gnllith, 
and the Fourth Regiment, Col. Richardson. Regulars of the " Ply mg Caiiip. 
charged and carried with llxed bayonets the intrenchments of the British 
Regulars and drove them until recalled by Gen. Washington. 

Fourth As shown at Fort Washington, when Col. Moses Rawlmg s Regi- 
ment of Rifles, but --rrt strong, resisted the six different charges of a body of 
5 000 Hessians, killing and wounding over 600 of the enemy, and only retired 
from their post after the rest of the American Army had retreated from the 

Fifth As shown at Monmouth, where Lieut. Col. Ramsey's MaryLand bat- 
talion and Col. Stewart's Regiment of Regulars saved the American Army. 

Sixth. As shown at Cowpens, where the gallant Capt. John Eager Howard 
and his Maryland company saved a retreating army and turned defeat into a 
glorious Wciory. „ „ . . . 

Seventh. As shown at Germantown, Trenton, Entaw Springs, and other 
battleflelds of the Revolutionary war; and 

Whereas the United States Government has made a number of libcra.1 ap- 
propriations to Revolutionary monuments in other States, or else erected 
at its own cost the said monuments: and 

Whereas nearly all of the over 20.000 heroes of Maryland rest in unkiiown 
and unmarked graves, and it is proper and right that their patriotlsrii and 
great deeds be handed do\\-n to future generations, as the patriotism of the 
people is the safety of the state; and 

Whereas the State of Maryland after the said war did by its firm stand 
against the claims made by the .State of Virginia to sole ownership of the 
Western territory, preserve to the General Government the said territory 
now largely developed Into great States of this National Confederacy, and 
aid also cede for the purposes of the General Government the present Dis- 
trict of Columbia, and did advance to aid In erection of proper buildings for 
the said General Government the sum of J93,000, which money came in a 
very large measure from the same families that furnished their fathers and 
sons to the Revolutionary war; and 

Whereas the said Maryland Society of the Sons of the American Revo- 
lution Intend to apply to the Congress of the United States for the sum of 
IMO.OOO, to aid In the erection of the said Revolutionary monument: Therefore, 

Be it resolved. First, that this national congress of the Sons of the Amer- 
ican Revolution, composed of delegates from the dillerent State organiza- 
tions, do most heartily indorse the erection of the said monument by the 
Maryland Society, and ask that the active aid and Influence of each and every 
member of the society throughout the United States be given to the enter- 
prise. 

Second, that this congress, by the signatures of its general ofllcers hereto 
attached, petitions the Congress of the United States that the said appropri- 
ation of S40,000 be granted the Maryland Society of the Sons of the Ameri- 
can Revolution to aid in the erection of the said monument to all Maryland 
Datriots of the Revolutionary war. 
" HORACE PORTER, 

President- General. 
JAMES C. CRESAP, 
Lieutenant, U. S. Navy, Secretary-General, 

City Haix, New York, April 30, 1892. 

REPORTS OF COMMITTEES. 

Mr. BLACKBURN, from the Committee on Naval Affairs, to 
whom was referred the bill (S. 82.3) allowing the pay of rear- 
admirals to commodores while acting as rear-admirals, reported 
it without amendment. 

Mr. VEST, from the Committee on Commerce, to whom was 
referred the bill (S. 2900) authorizing the Aransas Harbor Term- 
inal Railway Company to construct a bridge over and across the 
Corpus Christi Channel, known as the Morris and Cummings 
Ship Channel, in Aransas Coimty, Tex., reported it with amend- 
ments. 

He also, from the same committee, to whom was referred the 
bill (S. 2893) authorizing the construction of a free bridge across 
the Arkansas River, connecting Little Rock and Argenta, Ark., 
reported it with amendments. 

BILLS INTRODUCED. 

Mr. VOORHEES introduced a bill (S. 3076) granting an in- 
crease of pension to Wells Johnson; which was read twice by its 
title, and, with the accompanying papers, referred to the Com- 
mittee on Pensions. 

Mr. McMillan introduced a bill (S. .3077) granting an hon- 
orable discharge to David Patterson; which was read twiceJQ:- 
its title, and. with the accompanying papers, referred to the Com- 
mittee on Military Affairs. 

He also introduced a bill (S. 3078) granting an honorable dis- 
charge to Spencer D. Gleason; which was read twice by its tit 
and. with the accompanying papers, referred to the Committee 
on Military Affairs. 

Ho also introduced a bill (S. 3079) granting an honorable dis- 
charge to Timothy Way; which was read twice by its title, anjii 
with the accompanying papers, referred to the Committee on 
Military Affairs. 

He also introduced a bill (S. 3080) supplementary to an act en- 
titled ''An act to provide a government for the District of Co- 
lumbia," approved February 21, 1871, and also to an act entilrctr 



"An act for the government of the District of Columbia, and for 
other purposes," approved June 20, 1874; which was read twice 
by its title, and, with the accompanying papers, referred to the 
Committee on the District of Columbia. 

Mr. SHERISLVN introduced a bill (S. 3081) to authorize the 
issue of a duiilicatc to Addison A. Hosmer of a certificate of lo- 
cation of certain land therein described, which has boon lost or 
destroyed; which was read twice by its title, and, with the ac- 
companying paper.s, referred to the Committee on Public Lands. 

Mr. BARBOUR introduced a bill (S. 3082) for the relief of 
Sophia Miller: which was read twice by its title, and referred to 
the Committee on Claims. 

Mr. PERKINS introduced a bill (S. 3083) granting a pension 
to Henry Stein; which was read twice by its title, and referred 
to the Committee on Pensions. 

Mr. PADDOCK introduced a bill (S. 3084) granting a pension 
to Martha J. Griffith; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

AMENDMENTS TO BILLS. 

Mr. DOLPH submitted an amendment intended to bo proposed 
by him to the sundry civil appropriation bill; which was referred 
to the Committee on Public Buildings and Grounds, and ordered 
to be printed. 

Mr. TELLER submitted an amendment intended to be pro- 
posed by him to the naval appropriation bill: which was referred 
to the Committee on Naval Affairs, and ordered to be printed. 

Mr. SQUIRE submitted an amendment intended to bo proposed 
by him to the river and harbor appropriation bill; which was 
referred to the Committee on Commerce, and ordered to bo 
printed. 

HAMPTON INSTITUTE REPORT. 

Mr. DAWES submitted the following resolution; which was 
referred to the Committee on Printing: 

liesolved. That there be printed for the use of the .Senate 3.000 extra coi>ies 
of Executive Document No. ;U. first session Fifiy-second Congress, being 
report made by the Hampton Institute regarding its returned Indian stu- 
dents. 

POWDER BOATS IN NEW YORK HARBOR. 

The VICE-PRESIDENT. _ The Chair lays before the Senate 
a concurrent resolution submitted yesterday by the Senator from 
New Jersey [Mr. McPherson], which will be read. 
The concurrent resolution was read, as follows: 
Resolved by the Senate {the House of Uepresentalives concurring). That the 
Secretary of the Treasury be directed to remove at once all powder boats 
used for the storage of powder now lying in the harbor of New York; and 
that hereafter no boats of this description shall be allowed in said harbor, 
except boats la transitu or those engaged in transferring army and navy sup- 
plies of powder. 

The VICE-PRESIDENT. The Question is on agreeing to the 
concurrent resolution. 

Mr. CHANDLER. Since yesterday I have investigated this 
subject. I find that there are no army or navy boats in the har- 
bor used for the storage of powder. The only boats that come 
within the province of the resolution 

Mr DAWES. Let me inquire how the resolution comes be- 
fore the Senate? 

Mr. Mcpherson. I can not hear the .Senator fi'om New 
Hampshire. 

Mr. CHANDLER. I waited for the Senator from Massachu- 
setts. 

Mr. DAWES. I understood that thci'e was an arrangement 
for the order of business this morning. 

The VICE-PRESIDfeNT. The resolution comes over fi'om a 
previous day. 

Mr. DAWES. Is it part of the morning business? 

The VICE-PRESIDENT. The Chair laid the resolution bs- 
fore the Senate under the rule. 

Mr. DAWES. Is it part of the morning business? 

The VICE-PRESIDENT. It is morning business. 

Mr. CHANDLER. There are no boats which would come 
within the purview of this resolution except mercantile powder 
boits. There are such boats moored in the harbor, and I su])- 
4>as4M|MI]ps that is the safest place in which to keep powder in 



the vicinity of New York City. I think there is some reason to 
doubt whether it would be wise to prevent the storing of mer- 
cantile pov.der in those boats in that harbor, but I make no ob- 
jciiUaH^BS^is resolution if the Senator desires its passage, be- 
causeoeTore it passes the other House the owners of those har- 
bor boats will have an opportunity to make themselves heard. 
I desire to call the attention of the Senator, however, to the 
r II I Iiu>!li)ily1 should be not a concurrent resolution but a joint 



resolution, Ijecause it is an act of legislation. It is an act direct- 
ing the Secretary of the Treasury to remove the powder boats, 
and I do not suppt se that that act of legislation can be performed 
''" *|hfii1iTift" Houses by concurrent resolution: but if the Senator 
"wTlT^nSSge the resolution to a joint resolution, which will go 



XOII- 



-253 



4002 



CONGRESSIONAL RECORD— SENATE. 



May 6, 



to tho Prosident in the ordinary method, I will make no further 
objection. 

Mr. Mcpherson, very well; I have no objection to chang- 
in"' the form of the i-esohitiou. 

Mr. HISCOCK. What is tho resolution':' 

Tho VICE-PRESIDENT. The resolution will bo again read. 

The Chief Clerk read the I'csolution. 

Mr. HISCOCK. I should like to have tho resolution go over. 

The VICE-PRESIDENT. It has already gone over one day. 

Mr. McPHERSON. The resolution came over from yester- 
day. 

Mr. HISCOCK. This is tho first I have heard of the resolution, 
and I should like to ascertain something of the facts. 

Mr. McPHERSON. The facts are simply these: There has 
been complaint made to the Department by the boards of trade 
and eommeroo of Jersey City in tho past few years with respect 
to the nearness of tho powder boats that are moored in the har- 
bor of New York and often in and about Bedloes Island and 
Ellis Island. Before Ellis Island was taken as an immigrant sta- 
tion it was used for the storage of powder; and when the Gov- 
ernment took possession of that island the powder which had 
been stored there for the use of the Army and Navy and also for 
commercial purposes was stored upon boats in the harbor. At 
any hour of tho day or night anybody who is familiar with that 
locality will see a hundred powder boats, both foreign and en- 
gaged in domestic trade, moored in and about the harbor. It 
was confessed by the Navy Department and the "War Department 
that there had been hundreds of tons of powder stored on those 
boats. The people of Jersey City are very mvich afraid of it; 
and although the Ordnance Bureau of the Navy Department 
assured tho people of Jersey City that two or three hundred tons 
of jiowder blown up in the harbor of New York would not injure 
anybody that does not satisfy their fears. 

There are a great many jjlaoes where the powder boats could 
be moored, up the Hudson River, if you please, somewhere along 
the shore, or down belovv' the harbor in the Kills, or anywhere 
far removed from these populations. 

I have repeatedly asked the Department to make a change. 
Last year wo proposed an appropriation of money, one was off- 
ered here, for the purpose of providing a powder magazine for 
the Navj' Department, and they have established themselves in 
tho interior of New Jersey, something like 40 miles from the 
coast. They have purchased property alongside of the army 
magazine, which is somewhere up in the mountains of New Jer- 
sey, and there they manufacture and store their powder. There 
is train communication twenty times a day between the powder 
station and the coast, and powder can be transported on cars if 
it is to go on board a naval ship, or if it is to ba used by the Army 
it can be put on board a boat and transferred immediately to the 
ship. 

There is no necessity for storing powder in and about the har- 
bor of New York. It is a menace all the time, and if some for- 
eign ship, a merchant ship, if you please, or a naval ship, should 
come into the harbor and moor alongside a powder boat and by 
some accident there should be a collision, or a shock upon the 
boat should explode the powder, the effect would be serious; it 
would blow all the lot of craft out of tho water. It is in close 
proximity to Bedloes Island, where the Statue of Liberty is 
erected, and it is a case of the most extreme negligence and care- 
lessness of which I have any knowledge. It is the duty of Con- 
gi-ess to simply say that some other place must be provided for 
storing these immense quantities of powder. 

Mr. HISCOCK. Am I interrupting tho Senator? 

Mr. McPHERSON. Not at all. 

Mr. CHANDLER. If I may bo allowed a moment, I should 
like to ask the Senator from New Jersey whether he understood 
my statement that there is no army or navy powder in the har- 
bor; that these boats are all private boats for the storage of 
commercial powder? I have ascertained that fact since yester- 
day; so that it is not a case as against the army or navy pow- 
der boats, but only as against the few boats that are kept there 
for tho storage of powder by private partiesfor commercial sale. 

INIr . McPHERSON. Then I want to ask the Senator from New 
Hampshire if that should be permitted? Why should not com- 
mercial powder be transported through the harbor in like man- 
ner as is the powder to be used for the Army and the Navy? 

Mr. CHANDLER. That is a question 

Mr. McPHERSON. It was confessed here abo\it a year or a 
year and a half ago that the Navy did store powder on boats in 
the harbor and so did also the Army, but tho occasion for doing 
that has now been entirely avoided by reason of the close j^rox- 
imity of the powder magazine in the State of New Jersey, some 
30 or 40 miles from the coast, with direct rail commimication. 
If the commercial boats in which the commercial powder is 
stored are moored in the harbor of New York the Secretary of 
the Treasury, having control of the police department of that 



harbor under the revenue system, is perfectly qualified to see 
that they are removed. 

Mr. HISCOCK. This resolution may be all right. I do not 
know whether it is or not. The condition of things depicted l^y 
tlie Senator from New Jersey has existed for years. The resolu- 
tion, it it should pass, would not be effective, as it would be sim- 
ply the direction of the Senate and not a law. 

Mr. McPHERSON. The Senator, tiion, is not aware of the fact 
that I have consented to change the form of tho resolution and 
make it a joint resolution for that purpose? 

Mr. HISCOCK. What I propose is that in any case, whether 
in this resolution or a joint resolution, it is always unusual, so 
unusual that there is scai-cely a pi'ecedont for it, to pass a meas- 
ure of this kind unless it has been acted upon and reported by a 
committee of the Senate. I do not cai'c how speedy action is 
taken in investigating this question, tho sooner a committee may 
report the better, but in my judgment it should go to a commit- 
tee; and therefore I move its reference to tho Committee on 
Commerce. I believe the Senator is a member of that committee. 
Let them report the facts and i-eport a joint resolution. U this 
action should be justified or desirable, if a half of what the Sen- 
ator has stated as justifying it is true, it certainly will meet no 
objection at my hands; but I think, as it interferes with the com- 
merce of a great city and a great harbor, there should be a re- 
port upon the question. Therefore I move its reference to the 
Committee on Commerce. 

Mr. McPHERSON. Mr. President, a single word, if you 
please. If the Senator from New York had watched the reading 
of the resolution he would have found that I make no interference 
in the resolution with the operations of commerce. The resolu- 
tion itself proceeds against the storing of powder in boats in the 
harbor of New York and using them for storage purposes. I 
have no objection to the resolution going to the Committee on 
Commerce. 

Mr. HISCOCK. All I'ight; let it go there. 

Mr. McPHERSON. I hope the committee wUl report it back 
at an early day. 

Mr. HISCOCK. The sooner the better. I do not intend any 
obstruction of it. 

The VICE-PRESIDENT. It there be no objection the resolu- 
tion will bo referred to the Committee on Commerce. It is so 
referred. 

MESSAGE FKOM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowIjES, its Chief Clerk, announced that the House had dis- 
agreed to the amendments of tho Senate to the bill (H. R. 4636) 
making appropriations for the support of the Militai-y Academy 
for the fiscal year ending June 30, 1883, asked a conference with 
the Senate on the disagreeing votes of tho two Houses thereon, 
and had appointed Mr. Wheeler of Alabama, Mr. Newberry, 
and Mr. Hull managers at the confei-ence on tho part of the 
House. 

The message also announced that the House insisted upon its 
amendment to the bill (S. 1379) to provide for a pension for Obe 
Sutherland, late a toamstcr in the Quartermaster's Department 
of the United States Army, disagreed to by the Senate, agreed 
to the conference asked by the Senate on the disagreeing votes 
of the two Houses thereon, and had appointed Mr. Martin, Mr. 
Snow, and Mr. CURTIS managers at the conference on the part 
of the House. 

The message further announced that the House had agreed to 
the amendments of the Senate to the bill (H. R. 250) to authorize 
the construction of a bridge across the Missouri River at De Witt, 
Carroll County, Mo., and to establish it as a post road. 

The message also announced that the House had passed tho 
following resolution; in which it requested the concurrence of the 
Senate: 

Hesolved by the House of Sepresenlatives, [the Senate concurring,) That the 
conferees ou the disaEri'eeing votes of the two Houses on tho ameudmeuts 
ol the Senate to tho bill (H. R. 7818) to provide tor certain ol the most urgent 
deflciencies In the appropriation lor the service ot the Government lor the 
ttscal year 1893, and for other purposes, be, and they are hereby, authorize 1 
to consider, and. il they deem the same to be necessary, to embrace in tli. .,■ 
agreement an appropriation lor lecs ol witnes.ses in United States coml,-. 

CHEYENNE AND ARAPAHOE RESERVATION. 

The VICE-PRESIDENT. The Chair lays before the Senate 
the unfinished business which was assigned for this hour, being 
tho resolution submitted by the Senator from Arkansas [Mr. 
Jones] relative to President's message upon the appropriation 
of March 3, 1891, for payment to the Choctaw and Chickasaw 
Nations for their interests in the Cheyenne and Arapahoe Reser- 
vation. The Senator from Massachusetts [Mr. Dawes] is en- 
titled to the floor. 

Mr. DAWES. Mr. President, I voted for this resolution in 
committee, and as I propose to vote for it in the Senate, I de- 
sire to state very briefly the reasons which control my vote. 
Those reasons will not "lead me to follow either the Senator 



1892. 



CONGRESSIONAL RECORD— SENATE. 



money they take more satisfaction in the fact that they will hoist 
the American flag ujjon those two magnificent ships than tliey 
do with any question of dollars and cents or other matters, 
whether pertaining to subsidy or anything else. ■ They own 
them; they run them, and they want them under the flag. 

There is no harm in my stating what I think, that the Senator 
from Ivlaine [Mr. Frye] i'n his very full and clear statement, did 
not make altogether clear that the International Navigation 
Company is an American company, organized under American 
law, with large capital and splendid management. It owns the 
Red Star or Antwerp line. It owns the luman Line, which is 
the one in which the 90 per cent is held, as referred to in the 
bill. It also owns five fine American vessels built in America, 
the Ohio, the Pennsylvania, the Indiana, the Missouri, and the 
Conemaugh. Now they seek to make the nominal transfer, not 
of title, not of ownership in any way, but the nominal transfer of 
flag in the case of these two magnificent vessels. It is a matter 
of national pridejthat we have so great a steamship company now 
already engaged in the foreign trade, and it will be a gratifica- 
tion to everybody to see these two splendid vessels sailing under 
our flag and have the pecuniary advantage of being able to draw 
many moi'e passengers by doing so, which would be a reward for 
the transfer. 

Mr. MILLS. I desire to ask the Senator it I am to understand 
that the language of this bill excludes these vessels from partici- 
pation in the benefits of the provisions of the law passed by the 
last Congress? 

ISIr. HAWLEY. My inclination was to agree with the view 
of the Senator [from Missouri [Mr. Vest], because I wanted the 
bill to go through, but I am not very particular whether they get 
subsidy or not. They are surrendei-ing over $100,000 a year by 
this transfer, which the British Government is giving them. 

Ur. MILLS. I do not believe, Mr. President, that they will 
be actuated by such strong emotions of patriotism as to surrender 
$100,000 simply that they may display the American flag upon 
the masts of their vessels. Gentlemen do not trade by such 
promptings as that. When these gentlemen are surrendering 
this $100,000 per annum which they are deriving from the treas- 
ury of Great Britain, they do it that they may derive more than 
$100,000 from the Treasury of the United States. 

It seems to me the question presented by this bill is. Shall the 
owners of these vessels draw their subsidies from the treasury of 
Great Britain or shall the Treasury of the people of the United 
States contribute it to them'? This measure means that we shall 
give out of the money placed in our Treasury by the ta.xpayers 
of the United States this subsidy and permit the owners of these 
vessels to pay it back in subsidy into the coffers of Great Brit- 
ain. 

I am as mvich in favor of free ships as any gentleman on the 
other side of the Chamber or any gentleman on this side of the 
Chamber, but I want free ships to come upon a question of prin- 
ciple, and I want anybodj-, in the exercise of his natural right 
as a free man, to be permitted to go anywhere in the markets of 
the world to buy anything from a ship to a pin and bring it to 
this country, and to display over the masts of your vessels the 
ensign of the Republic and navigate the waters of the earth with 
it. I do not want to vote to permit a given company as a favorite 
of the Government to go to a foreign country and buy one or two 
vessels, not to enlarge the commercial marine of the United 
States, but to put their hands into the public Treasury and ex- 
tort the revenues taken by unjust principles of taxation and 
placed there by the hard earnings of the people of the United 
States. 

Let your ship measures stand upon a principle, and if you want 
to enlarge the commercial marine of the United States and 3-ou 
want to see the flag of the Republic riding upon all the waters 
of the earth, then make laws that will permit all the citizens of 
the United States to go into foreign markets and have their ships 
built at foreign navy-yai'ds and bring them to the United States 
free of duty. If we can make ships in the United States cheaper 
and better than the people of other countries there will be no 
necessity for the adoption of this or any other measure of this 
kind. 

If there is anything upon our statute books that forbids Amer- 
ican shipbuilders from building vessels as cheap and as good 
here as vessels are built in foreign shipyards, then let us repeal 
the law and permit the American people to build their own ves- 
sels in their own shipyards, and build them without bounty con- 
tributed from the pockets of the people of the United States. 

I do not like this measure. I am sorry that the Senator has 
presented it so hastily, and that he demands for it such liasty 
and rapid oonsidt- ration. There is a great question involved in 
this measure, which ought to receive the calm and deliberate 
consideration of this vury deliberative body, but, instead of that, 
a liill is brought forward in this body without even a report, and 
it is demanded that it shall be rushed through, and it has nothing 
behind it to recommend it except the patriotic desire of the 



owners of these vessels that the American flag shall float above 
them instead of the flag of Great Britain. It is '• the old flag and 
an appropriation " again. Patriotism always comes to Congress, 
but it comes for dollars, and this company would not be so desir- 
ous to transfer the flag of Great Britain Ijack to some British 
vessels and place upon its own vessels the Stars and Stripes, ex- 
cept that dollars are to be made by the transaction. If thiscom- 
pany has the right to make these dollars, then every citizen of 
the United States has the same equal rig-ht, and this Senate, rep- 
resenting the States and the people of the United States, ought 
to so make the laws that they shall render equal and exact jus- 
tice toall. 

!Mr. PALi\IER. I am always very much inclined to suspect a 
claim proposed by private individuals which promises such largo 
public advantages. I can appreciate the sentiment so beauti- 
fully expressed by the Senator from Connecticut [Mr. Hawley] 
of the anxiety of these shipowners to sail under the American 
flag. I can comprehend that. I do not know how long they have 
been bearing the flag of Great Britian; 1 do not know when this 
sudden passion became so potent as to bring them before Con- 
gress to require this assistance. It seems to be new-born, though 
it has been slow in developing; still I say I am inclined to sus- 
pect a scheme in what promises so much. 

I have listened with admiration to the brilliant picture drawn 
by the Senator from Maine [Mr. Frye], and if my imagination 
was not somewhat chilled by age, probably, or bj' remoteness 
from the ocean, I should sympathize with him, but it promises 
too much — too much good to the country. There is too njuch of- 
fered by these patriotic citizens to justify, at least, speedy and 
sudden action upon this bill. 

If the statements made are true, might not some general law 
bo jirepared which would allow other patriotic men to indulge 
their passion for the flag? Why limit it to these two ships? 
Are there not others afloat which would also desire to bear the 
flag? Why should the privilege be conferred especially upon the 
owners of these two ships? 

Underlying all this, Mr. President, thei'e is a very important 
question, and one which I think ought to be carefully considered 
before we commit ourselves to the special policy proposed by this 
bill. As a rule, I dislike special legislation; as a rule, general 
legislation is much more likely to promote the general welfar,\ 
and while I do not profess to understand this subject, and my re- 
moteness from the sea, perhaps, disqualifies me from appreciat- 
ing the disinterestedness of seafaring men, still this matter in- 
volves a good deal more than is on the surfacj, and I should be 
glad, before we are called upon to vote on the bill, to hear more 
al50ut it. I know of no one who can furnish me information that 
would be so satisfactory as the Senator fr(mi Maine. 

Mr. HIGGINS. Mr. President, I shall vote for this bill, but 
with very great reluctance and upon a sing-lc ground, and that 
is that it will give to the American Navy two ships that can be 
used for cruisers in case we are involved in any imbroglio such 
as we have been threatened with in the last year or two, when 
we have needed soms such vessels. Other than that, I think 
we ought to stand on the rule which has governed this Govern- 
ment since its origin, that ships flying the American flag shall 
bs built in the United States, and I object to their being brought 
in here under what seems to be special legislation. 

The reason given by the Senator from Connecticut [Mr. H.\W- 
eey] that 90 per cent of the stock of this company is owned by 
Americans does not appeal to me. If Americans want to build 
ships, let them build them in the United States and not buy 
them in foreign coimtries. I think it is dangerous to establish 
any exception, even this exception to the rule for which I stand, 
and I only get my consent to vote for it on the ground I have 
named, and that is that the needs of the Navy require that tlieso 
ships should be introduced when there is the opportunity thus to 
do it. 

The VICE-PRESIDENT. The question is on the amendment 
of the Senator from Texas [Mr. Mills]. 

The amendment was rejected. 

Tne bill was reiJorted to the Senate without amendment, or- 
dered to a third reading, and read the third time. 

Mr. MORRILL. I ask for the yeas and nays on the passage 
of the bill. 

The yeas and nays were ordered. 

The Secretary proceeded to call the roll, and Mr. Allen re- 
sponded in the affirmative. 

Mi\ MANDERSON. I wish to interrupt the roll call to state 
that i do not think the question is understood. Is the question 
on the amendment proposed bv the Senator from Texas? 

The VICE-PRESIDENT. The question is on the passage of 
the bill. The amendment has been disagreed to. 

Mr. ALLEN. I voted with the understanding that I was vot- 
ing for the passage of the bill. 

The VICE-PRESIDENT. The Senator is correct. 

Mr. CULLOM (when his name was called). I have a general 



4084 



CONGRESSIONAL RECORD— SENATE. 



May 9, 



naif with tho Senator from Delaware [Mr. Gray]. I have bsen 
informed tliat ho would vote for this bill if present, and with 
that belief, I shall vote. I vote "yea." 

Mr. IIIGGINS (when his name was called). I am paired gen- 
erally with tho senior Senator from Now Jersey [Mr. McPhee- 
SOn]. In his absence I withhold my vote. 

Mr. IKBY (when his name was called). I am paired with tho 
Senator from Wyoming [Mr. Carey]. If he were present I 
should vote " nay." 

Mr. JONES of Arkansas (when his name was called). I am 
paired with the Senator from New York [I\lr. Hiscock], who is 
detained fi'om the Senate, and therefore I withhold my vote. 

Mr. McMillan (when his name was called). I am paired 
with the Senator from Nortli Carolina [Mr. V.\nce], but I under- 
stand from his eoUeaguc [Mr. Ransom] that I am permitted to 
vote on this question, and so I vote "yea." 

Mr. MANDERSON (when his name was called). I am paired 
with the Senator from Kentucky [Mr. Blackburn]. Not know- 
ing how he would vote upon this question if present, I abstain 
from voting. I should vote "yea" if he wore here. 

Mr. MILLS (when his name was called). I am paired with the 
Senator from New Hampshire [Mr. Gallinger]. If he wei-e 
present I should vote "nay." 

Mr. PUGH. I am paired with the junior Senator from Massa- 
chusetts [Mr. Hoar], but I am satisfied he and I agree on this 
bill, and I vote "yea." 

Mr. QUAY (when his name was called). I am paired gener- 
ally wilh the junior Senator from West Virginia [Mr. Faulkner], 
who is absent. Being informed that if present he would for the 
bill, I vote "yea." 

Mr. SHERMAN(when his namewascalled). lam paired with 
the Senator from Kentucky [Mr. Carlisle]. I do nut know how 
he would vote if present, and therefore I withhold my vote. 

Mr. TURPI E (when his name was called). lam paired gen- 
erally with the senior Senator from Minnesota [Mr. Davis]. He 
being absent, I withhold my vote. 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. Colquitt]. I am not advised 
how he would vote, if present, on the question. In his absence I 
withhold my vote. Otherwise I .should vote "yea."' 

The roll call was concluded. 

Mr. CASEY (after having voted in the affirmative). I am paii-ed 
with the Senator from Florida [Mr. Pasco]. I do not know how 
he would vote on this bill, and I therefore withdraw my vote. 

The result was announced — yeas 41, nays 10; as follows: 

YEAS— 11. 

Allen, Dixon, Kyle. Rau-som, 

Allison, Dolph, McMillan, Sanders, 

Barbour, Dubois, Mor(?,an, Sawyer, 

Brice, Frye, Paddock, Shoup, 

Butler, , Gibson, Md. Perkins, Stockbi-idge, 

Call, X Gorman, Pettigi'ew, Vest, 

Cameron, QJ Hale. Piatt, Vilas, 

Cockrell, "T3 H.-insbrough, Power, Wolcott. 

Coke, c Hawley, Proctor, 

Cullom, Hill, Pugh, 

Dawes, ^ Kenna, Quay, 

03 NAYS— 10. 

Bate. "^ Harris. Palmer, WaUhall. 

Felton, j_/ Mitchell, Teller, 

George, O Morrill. Voorhees, 

.5i, NOT VOTING— 37. 

Aldrich, .Q Davis, Jones, Ark. Stewart, 

Betiy, 3 Faulkner, Jones, Nev. Turpie, 

Blackburn, CO Gallinger, McPherson, Vance, 

Blodgett, f^ Gibson, La. M.anderson, Warren, 

Carey, ,-, Gordon, Mills, Washburn, 

- ■ ■ rf Gray, 

■*- Higgins, 

Hiscock, 

Hoar, 

Irby, 

So the bill was passjd. 

LEAVE OF ABSENCE. 

Mr. MORGAN. At the request of the senior Senator from 
Kansas [Mr. PefferJ, I desire to ask leave of absence for him 
until Tliursday ne.\t. He is called away from the Senate on 
some mattei-s that require his attention in Philadelphia, I be- 
lieve. 

The VICE-PRESIDENT. The leave of absence will be granted 
in the absence of objection. 

INTERNATIONAL MONETARY CONFERENCE. 

Mr. MORGAN. I beg to announce also, at the request of the 
Senator from Kansas [Mr. Pefper], that on Thursday morning, 
after the routine business of the Senate is finished, he will ask 
the Senate for permission to speak upon the subjects involved 
in the President's message on bimetallism, which I shall then 
ask to take from the table. 

DISTRICT TAX SALES. 
Mr. McMillan. I ask unanimous consent to take up Order 
of Business 56(5, being House bill 4845. 



Cai'lisle, 

Casey, 

Chandler, 

Colquitt, 

Daniel, 



Pasco, 

Pefler, 

Sherman, 

Sqiure, 

Stanford, 



White. 
Wilson. 



Mr. COCKRELL and Mr, DAWES. Regular order! 

The VICE-PRESIDENT. The regular order is called for. 

Mr. MCMILLAN. The bill I desire to have acted upon is an 
administrative matter that requires to be passed immediately. 
It is connected with the District of Columbia, and it will not take 
more than two or three minutes to act vipon it. 

The VICE-PRESIDENT. Is there objection? 

Mr. DAWES. The Senator will excuse me 

Mr. MCMILLAN. It will only take a few minutes. 

The VICE-PRESIDENT. The Chair will lay the unfinished 
business before the Senate, which is the resolution of the Senator 
from Arkansas [Mr. JoNES] relative to. tho President's message 
concerning the Cheyenne and Arapahoe Reservations. 

Mr. DAXVES. I hope the Senator from Michigan will excuse 
me. The time is fixed for taking the vote on the pending meas- 
ure, and there are other Senators who desire to occupy the at- 
tention of the Senate in that time. If the Senator will excuse 
me, I shall be much obliged to him. 

Mr. CULLOM. I think the bill of the Senator from Michigan 
will be disposed of in a moment. 

The VICE-PRESIDENT. The title to the bill will be stated. 

The Chief Clerk. A bill (H. R. 4845) to amend an act en- 
titled "An act relating to tax sales and taxes in the District of 
Columbia." 

Tho VICE-PRESIDENT. Is there objection to the present 
consideration of the bill'? 

There being no objection, tho Senate, as in Committee of the 
Whole, proceeded to consider the bill. It proposes to amend 
the act relating to tax sales and taxes in the District of Colum- 
bia, approved February 6, 1879, so as to read: 

That it sh!ill ba the diuy of the assessor for the District of Columbia to pre- 
pare and keep in his office, for public inspection, a list of .ill real estate in 
the District of Columbia heretofore sold, or which may hereafter be sold, 
for the nonpayment of any general or special tax or assessment leWed or 
assessed upon the same, said list to show the date of sale and for what taxes 
sold; in whose name assessed at the time of sale; the amount for which the 
same was sold: when and to whom conveyed if deeded, or. if redeemed from 
said sale, the date of redemption. And it shall be the duty of said assessor, 
whenever called upon, to furnish, in addition to the regular tax bills, a cer- 
tified statement, over his h.and and official se.al.of alltiaxesaud assessments, 
general and special, that may be due and unpaid at the time of making said 
certificate; and for each andevery certificate so furnished by said assessor, 
the party requesting the same shall pay into the treasury of said District a 
fee of 50 'cents; and "said certificate when furnished shall be a bar to the col- 
lection and re'^overy from any subsequent purch;iser of any tax or assess- 
ment omitted from' and which may be a lieu upon the real estate mentioned 
in said certificate, and said lien shall be discharged as to such subsequent 
purchaser, but shall not affect the liability of the p3rson who owned the 
property at the time stich tax was assessed to p.ay the same, mentioned in 
said cer'tlHcate. And it is hereby declared that all public records which have 
any reference or in any way relate to real or personal property in said Dis- 
trict shall be open to the public for inspection free of charge. 

All acts or parts of acts inconsistent with any of the provisions of this act 
are herebj' repealed. 

The bill was reported to the Senate without amendment, oi-- 
dered to a third reading, read the third time, and passed. 

CHEYENNE AND ARAPAHOE RESERVATION. 

The VICE-PRESIDENT. The Chair lays before the Senate 
the tinfinished business which was assigned for this hour, 1 eing 
the resolution submitted by the Senator from Arkansas |Mr. 
JONES] relative to President's message upon the appropriation 
of March 3, 1891, for payment to the Choctaw and Chickasaw 
Nations for their interest in the Cheyenne and Arapahoe Reser- 
vation. 

Mr. DAWES. Mr. President, it will be recollected that at the 
cessation of the debate on Friday I was calling attention to what 
evidence thei-e was in support of the position that there was an 
implied trust accompanying this conveyance by the Cboctaws 
and Chickasaws of the land about which this debate has arisen. 
I had admitted that uj)on its face the deed was an absolute con- 
veyance. I had stated, and this is what I mean by an implied 
trust, that without regard to the form of the deed, the transfer 
by the Choctaws to the United States was by them and by the 
United States understood to be for the purpose of settling upon 
the land friendly Indians. That restriction and limitation was 
not put in the deed. 

I desii-e, first, to bring to the attention of the Senate what evi- 
dence there was of the existence of this understanding before I 
discuss the question what obligation that imposed upon the 
United States. I had first called the attention of the Senate to 
the admission of the Senator from Connecticut [Mr. Platt] to 
that effect, whei-ein he had stated that both parties supposed 
that tho lands would be used for an Indian government, and that 
that was in contemplation. I might have added at that time, 
which I desire to now, the admission of my other distinguished 
friend and colleague upon the committee, the Senator from Iowa 
[Mr. Allison], to the same effect, wherein in the same debate 
he stated: 

These treaties, taken by and large, not only with the Choctaws and Chicka- 
saws, but with the Creeks and Seminoles and Cherokees, do pro\'lde. running 
all through them, that here is to be a government by Indians, and that white 
men, except in certain conditions, are not to interfere with them. 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



4101 



Mr. MUTCHLER. As announced bv the Clei-k. I am paired 


Rusk. 


Stevens, 


Taylor, Tenn. 


Wever, 


with the gent 


eman from Oh 


10 [Mr. WARWICK]. If he were 


Sanford, 
Snow, 


Stone, C. W. 
Storer, 


Taylor, J. D. 

Turpin. 

Warner. 


Williams, HI. 
Wilson Mo 


present he would vote "no" on this question 


and I would vote 


Springer. 


Stout, 


Wilson, W. Va 


"ay." 








Stahlnecker, 


Stump, 


Wtirwicli, 


Wolverton. 


The result of the vote was announced as above stated. 


So the motion was rejected. 






The question recurred on the motion of M 


r. HoLMAN to re- 


The followin 


g additional pairs wure announced on this vote: 


commit with instructions. 






Mr. Stump with Mr. GEISSENHAINER. 




The SPEAKER. The instructions will be i 


ead. 


Mr. Wilson of West Virginia with Mr. Buchanan of Vir- 


The Clerk read as follows: 






ginia. 








Sesoloed. That the bill (II. R. 7820) making appropriations for the construc- 
tion, repair, and preservation of certain public works on rivers and harbors 


The result of the vote was then announced as above recorded. 


The question 


recurred on the passage of the 


bill. 


be recommitted t 


3 the Committee on Rivers and Harbors, with mstructions 


T^Ir. HOLMAN. On that T d 


emand the yeas 
rdered, there b 


and nays, 
.'ing on a division 


to report the same back at once, amended by striking therefrom the two pro- 
visions authorizing contracts to be entered into amounting in the aggregate 


The yeas an( 


nays were not l 


to J>26.703,3L'l for certain works in excess of appropriations proposed in the 


(demanded by 


Mr.'H0LMAN):!i 


in svipportof the demand anil 1-14 


bill. 








against it, the 


attirmative not being otie-iifth of the whole. 


The question 


was taken, and 


the Speaker announced that the 


Mr. HOLMAN and Mr. COOPElt demanded tellers. 


noes seemed to have it. 






Mr. HEMPHILL. Mr. Speaker, it was agreed that there 


Mr. HOLMAN demanded a 


division. 




would be no filibustering. We 


are consuming 


the time unneces- 


Mr. HEMPHILL. In ordei 


to save time, 


Mr. Speaker, wo 


sarily. 








may as well have the yeas and 


nays. 




Mr. HOLMAN. Give us the 


yeas and nays. 




The yeas and 


nays were orde 


rod. 




Mr. BYNUM. We may as well have Hie yeas and nays on 


The question was taken; and there were — yeas 85, nays 152, 


this or otherwise there -will not be a vote on 


anything else to- 


not voting 92; 


as follows: 






day. 










YEAS— 85. 




Tellers were 


ordered. 






Alexander, 


Coombs, 


Hallowell, 


Pearson, 


Mr. BLANCHARD. I ask 


unanimous consent that we take 


Andrew, 


Cooper, 


Hamilton, 


Rayner, 


the vote by the 


yeas and nays, as it will save time. 


Bailey, 
Baiter, 


Cox, Tenn. 
Craig, Pa. 


Heard. 
Henderson, N. C. 


Reilly, 
Richardson, 


There being 
nays. 


no objection, the vote was ordered by yeas and 


Beeman, 


Crawford, 


Hoar, 


Sayers, 








Beltzhoover, 


Crosby, 


Holman, 


Scott, 


The question 


■was taken; and there were — yeas 185, nays 66, not 


Blount, 


Culberson, 


Johnson, Ind. 


Seerley, 


voting 78; as follows: 






Bowman, 


Cummings, 


Kem. 


Shively, 




YE.A^— 1«-^ 




Branch, 


Davis, 


Ketcham, 


Simpson, 






^ 




Breckinridge, Ky 


DeArmond, 


Kilgoro, 


Snodgrass, 


Alexander. 


Dixon, 


Lapham, 


Rife, 


Brookshlre, 


Dickerson, 


Kribbs, 


Stone. Ky. 


Babbitt. 


Donovan, 


Lawson, V.a. 


Robertson. La. 


Brown, 


Dockery, 


Lane, 


Tucker, 


Bankhead. 


Durborow, 


Lawson, Ga. 


Rusk, 


Brunner, 


Dolliver, 


Lanham, 


Van Horn. 


Bartiue, 


Edmunds, 


Lester, Ga. 


Russell, 


Biisey, 


Edmunds, 


MalloiT, 


Watson, 


Barwig. 


Elliott, 


Lewis, 


Scull, 


Bushnell, 


Ellis, 


Martin, 


Waugh. 


BelK-nap, 


English, 


Little. 


Shell. 


Butler, 


Enloe, 


McCreary, 


White, 


Bentley, 


Enloe, 


Livingston, 


Shively, 


Byntim, 


Fowler, 


McMlllin, 


Whiting, 


Bingham, 


Enochs, 


Lockwood, 


Shonk, 


Oaruth, 


Fyau, 


Montgomery, 


Williams, Mass. 


Hlanchard, 


Epes, 


Lodge, 


Smith, 


Clancy, 


Gantz, 


Moore, 


Williams, N.C. 


Bland, 


Everett, 


Long, 


Snodgrass, 


Clover, 


Goodnight, 


O'Ferrall, 




Blount, 


Fithian, 


Loud, 


SpeiTy, 


Oockran, 


Grady. 


O'Neil, Mass. 




Boatner, 


Forman, 


Lynch, 


Stackhouse, 


Compton, 


Hall, 


Outhwaite, 




Bowers. 


Forney, 


Mallory, 


Stephenson, 










Bowman, 


Funston, 


McAleer. 


Steward, 111. 




NAYS— iDi;. 




Branch, 


Pyan, 


McCreary, 


Stewart, Tex. 


Babbitt, 


Durborow, 


Lapham. 


Reyburn, 


Brawley, 


Gantz, 


McGann, 


Stockdale, 


Bankhead, 


Elliott. 


Laws on, Va. 


Robertson, La. 


Brickner, 


Geary, 


McMillin, 


Stone. W. A. 


Bartlne, 


English, 


Lawson, Ga. 


Russell, 


Broilerick, 


Geissenhainer, 


McRae, 


Stone, Ky. 


Barwig, 


Enochs, 


Lester, Va. 


Scull, 


Brosius, 


Goodnight, 


Meyer, 


Sweet, 


Belknap, 


Epcs, 


Lester, Ga. 


Shell, 


Bullock, 


Gorman, 


Miller, 


Tarsney, 


Bentley, 


Everett, 


Lewis, 


Shonk, 


Buutiug, 


G reeuleat. 


Mitchell, 


Taylor, HI. 


Bingham, 


Fithi.-vn, 


Little. 


Smith, 


Btirrows, 


Halvorson, 


Montgomery, 


Taylor, E. B. 


Blanchard, 


Flick, 


Livingston, 


Sperry, 


Byrns, 


Harmer, 


Moore, 


Taylor, V. A. 


Bland, 


Forman, 


Lockwood, 


Stackhouse, 


Cable, 


Hatch, 


Moses, 


Terry, 


Boatuer, 


Forney. 


Lodge, 


Stephenson, 


Cadmus, 


Haugen, 


Newberry, 


Tillman, 


Bowers, 


Geary, 


Long, 


Steward, 111. 


Caldwell, 


Haynes.Ohio 


O'Donnell, 


To-wnsend, 


Brawley, 


Gorman, 


Loud. 


Stewart, Tex. 


Caminetti, 


Heard. 


O'Ferrall, 


Tracey, 


Brickner, 


Greenleaf, 


Lynch, 


Stockdale, 


Castle, 


Hemphill, 


O'Neill, Pa. 


Turner, 


Broderick, 


Grout, 


McAleer, 


Stone, W. A. 


Catchings, 


Henderson, 111. 


O'Neill, Mo. 


Van Horn. 


Brosius, 


Halvorson, 


McGann, 


Sweet, 


Cate. 


Herbert, 


Otis. 


Wadsworth. 


Bullock, 


Harmer, 


McRae, 


Tarsney. 


Cheatham, 


Herjnann. 


Owens. 


Walker, 


Bvmting, 


Hatch, 


Meyer, 


Taylor, 111. 


Chipman, 


Hooker, Miss. 


Parrett. 


Washington. 


Burrows, 


Haugen, 


Miller, 


Taylor, E. B. 


Clark, Wvo. 


Hooker, N. Y. 


Patterson. Tenn. 


Weadock, 


Byms, 


Hayues, Ohio 


Mitchell, 


Taylor, V. A. 


Clarke, Ala. 


Hopkins, Pa. 


Pattison, Ohio 


Wever, 


Cable, 


Hemjihill. 


Moses, 


Terry, 


Clover. 


Houk, Ohio 


Payne, 


Wheeler, Ala. 


Camtnetti, 


Henderson. 111. 


Newberry, 


Tillman, 


Cobb, Ala. 


Houli, Tenn. 


Paynter, 


Wheeler, Mich. 


Campbell, 


Herbert, 


O'Donnell, 


Towusend, 


Cobb, Mo. 


Johnson, Ind. 


Pearson, 


Whiting, 


Castle, 


Hermann, 


O'Neill. Pa. 


Tracey, 


Coburu, 


Johnson. N. Dak. 


Perkins, 


Wike, 


Catchings, 


Hitt, 


O'Neill. Mo. 


Turner, 


Cogswell, 


Johnson. Ohio 


Pickler, 


Willcox, 


Cate, 


Hooker, Miss. 


Otis, 


Wadsworth, 


Compton, 


Johnstone, S. C. 


Pierce, 


Wilson, Wash. 


Cheatham, 


Hooker, N. Y. 


Parrett, 


Walker, 


Coombs. 


Jolley, 


Price, 


Winn. 


Chipman, 


Hopkins. Pa. 


Patterson, Tenn. 


Washington, 


Co:;. Teim. 


Jones, 


Quackenbush, 


Wise. 


Clark, Wyo. 


Honk, Ohio 


Payne, 


Weadock, 


Curtis, 


Kem, 


Raines, 


Wright, 


Clarke, Ala. 


Huff, 


Paynt«r, 


Wheeler, Ala. 


Cutting, 


Kendall, 


Randall, 


Youmans. 


Cobb, Ala. 


Hull, 


Perkins, 


Wheeler, Mich. 


Dalzell, 


Ketcham, 


Ravner, 




Cobb, Mo. 


Johnson, N. Dak. 


Pierce, 


Wlke. 


Daniell, 


Kyle. 


Reed. 




Cogswell, 


Johnson, Ohio 


Post, 


Willcox, 


Davis, 


Lagivn, 


Reybiu'n, 




CviDtis, 


Johnstone, S. C. 


Powers, 


Wilson, Ky. 










Cutting, 


Jolley, 


Price, 


Wilson, Wash. 




NA\ ii—iiH. 




Dalzell, 


Jones, 


Quackeubush, 


Winn, 


Allen, 


Cockran, 


HallowcU, 


Post, 


Danlell, 


Kendall, 


Randall, 


Wise, 


Andrew, 


Cooper, 


Hamilton, 


Powers, 


Dixon, 


Kyle, 


Ray, 


Wright, 


Bailey, 


Cox, N. Y. 


Henderson,N. C. 


Ray. 


rv-novan. 


Lagan, 


Reed, 


Youmans. 


Baker, 


Craig. Pa. 


Hilt. 


Reilly, 




TfcTj^m tTy 






Beeman, 


Crawford, 


Hoar, 


Richardson. 




NOT VOj iiNU— y:;. 




Beltzhoover. 


Crosby, 


Holman, 


Sayers, 


Al bott. 


Capehart, 


Gillespie, 


Meredith, 


Breckinridge, Ky. 


Culberson, 


Hull, 


Scott, 


Alderson, 


Causey, 


Griswold, 


MiliUten, 


Brookshlre, 


Cummings, 


KilKOre, 


Seerley, 


Allen. 


Chapin, 


Hare, 


Morse. 


Brown, 


De Armoud, 


Kribbs. 


Simpson, 


Amerman, 


Cobum, 


Harries, 


Mutchler, 


Brunner, 


Dickerson, 


Lane. 


Stevens, 


Arnold, 


Coolldge, 


Barter, 


Norton. 


Busey, 


Dockery, 


Lanham. 


Tucker, 


Atkinson. 


Covert, 


Hayes. Iowa 


Gates, 


Btishuell, 


Dolliver, 


Lesti'r, Va. 


Watson, 


Bacon, 


Cowles, 


Henderson, Iowa 


Owens. 


Butler, 


Ellis, 


Martin. 


White, 


Belden, 


Cox, N. Y. 


Hopkins, 111. 


Page, R. I. 


Bynum, 


Flick, 


O'Neil, Mass. 


WillLams, Mass. 


Bergen, 


Craln, Tex. 


Hotik, Tenn. 


Page, Md. 


Campbell, 


Fowler. 


Outhwaite, 


Williams, N. C. 


Boutelle, 


De Forest, 


Laj^on, 


Pattison. Ohio 


Caruth, 


Grady, 


Patton, 




Breckinridge, Ark 


. Dingley, 


Llnd, 


Patton, 


Clancy. 


Hall, 


Pendleton, 




Bretz, 


Do.in, 


Magner, 


Peel. 










Bryan, 


Duugan, 


Mansur, 


Pendleton. 




NOT V0TING-T8. 




Buchanan, N. J. 


Dunphy, 


McClellan, 


Pickler, 


Abbott. 


Bacon, 


Bretz, 


Capehart, 


Buchanan, Va. 


Fellows, 


McDonald, 


Raines, 


Alderson. 


Beldeu, 


Bryan, 


Causey, 


Bunn, 


Fitch, 


McKalg. 


Rite, 


Amerman, 


Bergen, 


Buchanan, N. J. 


Chapin, 


Cadmus, 


Funston, 


McKeighan, 


Robinson, Pa. 


Arnold, 


Boutelle, 


Buchanan, Vx 


Coolldge, 


Caldwell. 


Geissenhainer. 


McKiuney, 


Rockwell, 


Atkinson, 


Breckinridge, Ark 


Bunn, 


Covert, 



4102 



CONGRESSIONAL RECORD— HOUSE. 



May 9, 



CoMioH. 


H.aves, Iowa 


Morse, 


Stout, 


Grain. Tex. 


Henderson, Iowa 


Mutchler, 


Stump, 


De r'orest. 


Hopkins. HI. 


Norton, 


Taylor, Tenn. 


Diugley. 


Hu«. 


Gates, 


Taylor, J. D. 


Doun. 


Laytou, 


Page, Md. 


Tiu-pin, 


Duiiir.au. 


Liua, 


Page, K. I. 


Warner. 


Diinphy, 


Maguer, 


I'eel, 


Warwick, 


Fellow,s, 


Mansur, 


Robinson, Pa. 


Waugh, 


Fitrh. 


McClellan, 


Rockwell, 


Williams. IlL 


Gill.-iiie. 


McDonald, 


Sanford, 


Wilson. Ky. 


Gri.swold. 


McKais. 


Snow, 


Wilson, Mo. 


Grout, 


McKei.Khau. 


Springer, 


Wilson. W. Va. 


Eai'e. 


MeKinuey, 


Btahlnecker, 


Wolverton. 


Harries, 


Meredith, 


Stone. G. W. 




Harter, 


Milliken, 


Storer, 





,So the bill was passed. 

The Clerk announced the following additional pairs: 

Mr. Abbott with Mr. Wilson o£ Kentucky, for the rest of 
the day. 

INIr. Wilson of West Virginia with Mr. Buchanan of Vir- 
ginia, on this vote. 

The result of the vote was then announced as above recorded. 

On motion of Mr. BLANCHAUD, a motion to reconsider the 
last vote was laid on the table. 

ORDEPv OP BUSINESS. 

Mr. HOLMAN. Mr. Speaker, I wish to say that on to-mor- 
row morning I shall ask that the House proceed to the consid- 
eration of the sundry civil appropriation bill. 

WASHINGTON AND GEORGETOWN RAILROAD COMPANY. 

Mr. HEMPHILL. Mr. Speaker, I ask to call up the bill (H. 
K. mvi) 

Mr. BLOUNT. Mr. S]>eaker. I rise to a question of order. I 
wish to know if upon the last District day the previous question 
was not ordered and the yeas and nays ordered on a bill con- 
cerning the charter of a railroad corporation in this District, 
and if tliat is not the regular order at this time? 

Ml-. HEMPHILL. I think the gentleman from Georgia is cor- 
rect, and if there be no objection on the jjart of the House I will 
ask that that bill be laid upon the table. I will state that it is 
impossible for the company to complete the work which was con- 
templated by it at the lime the bill was before the House and 
its ])assage to-day would not only not be of any benefit but would 
be an injury. 

Tlie SPEAKER. Will the gentleman indicate the title of the 
bill 

^ -HEMPHILL. Is the bill S. 2015, known as the Washing- 
ton and Georgetown Railroad bill. 

Mr. BLOUNT. I have no objection to the disposition sug- 
gested by the gentleman from South Carolina [Mr. Hemphill], 
if the bill can be got out of the way in that manner. 

The SPEAKER. The Chair would suggest to the gentleman 
that jierhaps the better way would bo to indefinitely postpone it 
rather than to lay it upon the table, if it is a Senate bill. 

Mr. HEMPHILL. I ask unanimous consent that the bill ba 
indelinitely postponed. 

The SPEAKER. The gentleman from South Carolina [Mr. 
Hemphill] asks unanimous consent that the bill just indicated 
by him (S. 2015), known as the Washington and Georgetown 
Railroad bill, be indefinitely postponed? Is there objection? 

There was no objection, and it was so ordered. 

ENROLLED BILLS SIGNED. 

Mr. SCOTT, from the Committee on Enrolled Bills, reported 
that they had examined and found truly enrolled bills and joint 
resolution of the following titles; when the Speaker signed the 
same: 

A bill (H.R. 2.50) to authorize the construction of a bridge 
across the Missouri River at De Witt, Carroll County, Mo., and 
to establish it as a post-road; 

A bill (H. R. 510S) to establish a military post at or near the 
city of Helena, in Lewis and Clarke County, Mont.; 

A bill (H. R. 5;3J4) to authorize the construction of abridge 
across the Osage River between the town of Warsaw and the 
mouth of Turkey Creek, in Benton County, Mo.; 

A bill (H. R. 5444) to amend an act entitled "An act to incor- 
jiorate the National Union Insurance Company of Washington," 
approved February 14, 18G5; 

A bill (H. R. 0295) to pimish false swearing before trial boards 
of the Metropolitan police force and lire department of the Dis- 
trict of Columbia, and for other purposes; 

A Ijill (H. R. C7S8) to establish subports of entry and delivery 
at Superior, Wis., and at Ashland, Wis., in the Superior collec- 
tion district of Michigan and Wisconsin; 

A bill (H. R. 8503) making appropriations for expenses that 
may l)e incurred under the treaties between the United States 
and Great Britain concluded at Washington February 29 and 
A])ril 18,1892; and 

Joint resolution (H. Res. 118) to suspend the issues of i>ermits 
to erect dwelling houses in alleys in the District of Columbia. 



MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCoOK, its Secretary, 
announced that the .Senate had insisted upon its amendments to the 
bill (H. R. 4636) making appropriations for the support of the 
liliUtary Academy for the fiscal year ending June 30, 1893, dis- 
agreed to by the House of Representatives, had agresd to the 
conference asked by the House on the disagreeing votes of the 
two Houses thereon, and had appointed Mr. Cdllom, Mr. Stew- 
art, and Mr. Call as the conferees on the part of the Senate. 

It also announced that the Senate had passed without amend- 
ment bills of the following titles: 

A bill (H. R. 7023) to encourage American shipbuilding; and 

A bill (H. R. 4845) to amend an act entitled "An act relating to 
ta.x sales and taxes in the District of Columbia." 

It also announced that the Senate had passed the following 
resolution: 

Jie&olvedhy the House of Representatives (the Senate concurring) , Ttiat the 
conferees on the disagreeing votes of the two Houses on the amendments ol 
the Senate to the bill (H. R. 7818) to provide for certain of the most nrgiin 
deftciencies in the appropriations tor the service of the Government for thi- 
flscal year 1832. and for other purposes, he. and they are hereby, authorized 
to con.siderand. if they deem the same to be neces.s.ary. to embrace in their 
agreement an appropriation for fees of witnesses In United States courts. 

LAND TITLES, DISTRICT OF COLUMBLV. 

Mr. HEMPHILL. Mr. Speaker, I ask to call up the bill (H. 
R. 6013). This bill was read on the last District daj', and I ask 
that it now be read by sections for amendment. 

The Clerk read as follows: 

Sec. 3. That the recitals in any trustee's deed, executor's deed, guardian's 
deed, or marshal's deed, recorded in the proper office in said District prior 
to March 3, 1863. shall, in favor of the parties in pos-session- actual (or con- 
structive) claiming thereunder, Xte prima facie evidence in all courts of law 
and equity of the facts recited; Provided, That the provisions of this section 
shall not affect pending suits, nor the rights, it any. accjtilred under exist- 
ing laws, of any person who, withtn twenty years next before the passage 
of this act. shall have asserted on the laud records of the District of Colum- 
bia any title adverse to the title of any person claiming under such deeds. 

Mr. HEMPHILL. I offer the amendment which I send to the 
Clerk's desk. 

The amendment was read, as follows: 

Section 3, line 7, strike out all after the word " provided" and substitute 
the following: 

"That, exceptiug in cases of actual, open, and notorious possession for 
twenty years under such deeds, the provisions of this section shall not bar 
the right of entiy of any person having such right within said twenty years, 
imtil after the expiration of three years from and after the passage of this 
act: nor operate ttpoii or as to any laud about which any litigation is now 
pending for the period of three years from and after the date of any final de- 
cree or .iudgment in. or discontinuance or dismissal of any such litigation, 
nor bar the right of entry, if such right existed at the date of commencement 
of possession, actual or" constructive, under any such deed, of any person 
who, under existing l:iw. was then laboring tmder any legal disability, until 
after the expiration of three years from and after the removal of such disa- 
bility." 

CULBERSON. To what section do you offer that? 
HEMPHILL. I olfer that to section 3 in place of the pro- 



Mr 
Mr 
viso. 
Mr 
Mr 



CULBERSON. What is the eft'oct of the amendment? 
HEMPHILL. The effect of the amendment is to give 
persons who have any rights within the period of twenty years, 
exemption from the operation of this section until the expiration 
of three years after the passage of this act. 

Mr. CULBERSON. I think that is a good amendment. 

The SPEAKER. The Chair will ask the gentleman from 
South Carolina if it is a motion to strike out and insert this? 

Mr. HEMPHILL. To strike out the proviso therein con- 
tained, and insert the words indicated. 

The amendment was agreed to. 

Mr. CULBERSON. I will ask the gentleman from South Car- 
olina [Mr. Hemphill] if he has any objection to an amendment 
to line 5, section 3, to strike out the words " or constructive."' 

Mr. HEMPHILL. I will state to the gentleman that with his 
consent I will go on with the bill a little further, and let him 
offer the amendment he suggests a little later: or if the gentle- 
man prefers it, I might as well agree to that amendment. I 
think it is not unreasonable. 

I will state to the gentleman from Texas, I think this ought 
to apply to no one except as against a person in actual jjosses- 
sion: and if he will draw the amendment so that it will bo ap- 
plicable where tlie party is in constructive possession against 
any one else claiming to be in constructive possession, but not 
against a person in actual possession, I think it would be a 
l^roper amendment. 

Mr. CULBERSON. Mr. Speaker, I do not think that the 
gentleman should insist that the recitals in an official deed should 
he irrima facie, evidence in favor of a person who is not in actual 
possession. 

Mr. HEMPHILL. Well, if the gentleman will offer his 
amendment to strike out the words, I will accept it. I think 
there is a great deal of force in the position of the gentleman 
from Texas. 



1892. 



CONGRESSIONAL EECORD— SENATE. 



4117 



Mr. DIXON presented the memorial of Robert B. Flowers and 
other citizens, of Washington County, R. I., remonstrating 
against the commitment of the Government to a union of reli- 
gion and the state by the passage of any legislation to close the 
World's Columbian Exposition on Sunday or in any other way 
committing the Government to a coursa of religious legislation; 
which was referred to the Committee on the Quadro-Centennial 
(Select). 

Mr. McMillan presented the petitions of John J. Bagley & 
Co., and the Globe Tobacco Companj-, of Detroit, Mich., praying- 
for the passage of legislation relative to the sale of leaf tobacco; 
which were referred to the Committee on Finance. 

He also presented memorials of Will Walter and 29 other citi- 
zens of Fennvillo; of G. W. Amadon and 279 other citizens of 
Battle Creek; of O. J. Mason and 111 members of Battle Creek 
College; of Joel Gulick and 85 other citizens of St. Charles; of 
O. B. Hill and 64 other citizens of Sand Lake; of N. R. Stainer 
and 28 other citizens of Covert; of ISIrs. Jennett Page and 8 other 
citizens of Ewell; of H. H. Hutchins and 32 other citizens of 
Fenville, and of George M. Woodruff and 23 other citizens of 
Bauer, all in the State of Michigan, remonstrating against a 
commitment of the Government to a union of religion and state 
by the passage of any legislation closing the World's Columbian 
Exposition on Sunday, or in any other way committing the Gov- 
ernment to a course of religious legislation; which were referred 
to the Committee on the Quadro-Centennial (Select). 

He also presented memorials of the Mount Hope Congrega- 
tional Church and the Memorial Presbyterian Church of Detroit, 
Mich.; the Methodist Episcopal Church of Richland, Mich., and 
the Methodist Episcopal Church of Gladstone, Mich., remonstrat- 
ing against the opening of the World's Columbian Exposition on 
Sunday and the sale of intoxicating liquors thereat; which were 
referred to the Committee on the Quadro-Centennial (Select). 

Mr. PERKINS presented memorials of the Congregational 
Church of Douglas, Kans.: of the First Swedish Baptist Church 
of Kansas City, Kans., and of the Woman's Columbian Club of 
Kansas, I'emonstrating against the opening of the World's Co- 
lumbian Exposition on Sunday; which were referred to the Com- 
mittee on the Quadro-Centennial (Select). 

Mr. STOCKBRIDGE presented a petition of the Methodist 
Episcopal Church of Houghton, Mich., praying that the World's 
Columbian Exposition be closed on Sunday, and that the sale of 
intoxicating liquors be prohibited thereat; which was referred 
to the Committee on the Quadro-Centennial (Select). 

Mr. FELTON presented a petition of sundry citizens of Hum- 
boldt County, Cal., prayingfor the passage of legislation regulat- 
ing speculation in fictitious farm products; which was referred 
to the Committee on the Judiciary. 

He also presented a petition of sundi-y citizens of the District 
of Columbia, praying for the passage of Senate bill 1213, so that 
working people may unite their capital and labor in the District 
of Columbia for the purpose of conducting cooperative enter- 
prises; which was referred to the Committee on the District of 
Columbia. 

Mr. WILSON presented a petition of the directory board of the 
Commercial Exchange of Des Moines, Iowa, praying that ample 
appropriation be made for the service of the Weather Bureau; 
which was referred to the Committee on Appropriations. 

Mr. SANDERS. I present a petition of the Board of Trade 
of Butte, Mont., praying for thejjassage of legislation segregat- 
ing the northeast corner of the Yellowstone National Park so as 
to permit railroad construction therein. 

I also present a petition of the city council of Butte, Mont., 
to the same purport. 

I also present a petition of th^ Helena (Mont.) Commercial 
Club, prayingfor the passage of legislation enabling railroads to 
be constructed to Cooke City, Mont. 

I move that tlie petitions lie on the table, as there is a bill 
pending which contemplates this legislation. 

The motion was agreed to. 

Mr. PADDOCK presented memorials of Pei-ley E. Wilson and 
227 other citizens of Lexington. Nebr.; of Mrs. P. S. Thompson 
and 13 other citizens of Burwell, Nebr.; and of the Presbyterian 
Church of Diller, Nebr., remonstrating against the opening of 
the World's Columbian Exposition on Sunday and the sale of in- 
toxicating liquors thereat; which were referred to the Commit- 
tee on the Quadro-Centennial (Select). 

Mr. COKE presented the petition of J. L. Long and other citi- 
zens of McLennan County, Tex., praying for the passage of the 
Hatch antioption bill; which was referred to the Committee on 
the Judiciary. 

_ He also presented the memorial of S. W. Henderson and other 
citizens of Texas, remonstrating against Congress committing 
the United States Government to a union of religion and state by 
the passage of any legislation closing the World's Columbian 
Exposition on Sunday, or in any other way committing the 



Government to a course of religious legislation; which was re- 
ferred to the Committee on the Quadro-Centennial (Select). 

Mr. GIBSON of Maryland pi-csented a memorial of citizens of 
Maryland, remonstrating against the passage of Senate bill No. 
3<i2, providing for the removal of the Southern Ute Indians from 
their present reservation in Colorado; which was referred to the 
Committee on Indian Affairs. 

He also presented two petitions, collected by the National 
Woman's Christian Temperance Union of Maryland, containing 
72 und 92 individual signatures, respectively, praying that no ex- 
position or exhibition for whicli appropriations are made by Con- 
gress shall be opened on Sunday; which were referred to the 
Committee on the Quadro-Centennial (Select). 

He also presented the memorial of Mary E. Middlekauff and 
other membersof the Seventh-Day Adventist Church of Hagers- 
town, Md., and a memorial of sundry citizens of Bloomington, 
Md., remonstrating against Congress committing the United 
States Government to a union of religion and the state by the 
passage of any legislation closing the World's Columbian Exposi- 
tion on Sunday, or in any other way committing the Government 
to a course of religious legislation; which were referred to the 
Committee on the Quadro-Centennial (Select). 

Ho also presented sundry petitions, collected by the National 
Woman's Christian Temperance Union of Maryland, containing 
1,197 individual signatures, praying that no exposition or exhi- 
bition for which appropriations arc made by Congress shall be 
opened on Sunday; which were referred to the Committee on 
the Quadro-Centennial (Select). 

^Ir. WASHBURN presented the memorial of J. W. Kran- 
shaar and 34 other members of the Seventh-Day Adventist 
Church of Medford, :Minn.; the memorial of D. Ahvay and 17 
other members of the Seventh-Day Adventist Church of Eagle 
Lake, Alinn.; the memorial of Almeda Southworth, a member 
of the Eunace Church of Pelican R-jpids, Minn., and the memo- 
rial of A. D. West and 28 other members of the Seventh-Day 
Adventist Church of Litchfield, Minn., remonstrating against 
Congress committing the United States Government to a union 
of religion and the state by the passage of any legislation closing 
the World's Columbian Exposition on Sunday, or in any other 
way committing the Government to a course of religious legisla- 
tion; which were referred to the Committee on the Quadro-Cen- 
tennial (Select). 

He also presented the petition of Robert Stanton and other 
citizens of Crookston, Minn., praying for the adoption of an 
amendment to the Constitution of the United States prohibiting 
any legislation by the States i-especting an establishment of i-e^ 
ligion or making an appropriayon of money for any sectarian 
purpose; which was referred to the Committee on the Judiciary. 

Mr. COCKRELL pi'es-nted a petition of the North Presby- 
terian Church of St. Louis, Mo., praying that the World's Co- 
lumbian Exposition be closed on Sunday and that the sale of in- 
toxicating liquors be prohibited thereat,; which was referred to 
the Committee on the Quadro-Centennial (Select). 

Mr. M.-VNDERSON presented the memorial of H. H. Schnebly 
and 10 other citizens of Exeter, Nebr., remonstrating against 
Congress committing the United States Government to a union 
of religion and the state in the passage of any legislation closino- 
the World's Columbian Exposition on Sunday, or in any other 
way committing the Government to a course of religious legisla- 
tion; which was referred to the Committee on the Quadro-Cen- 
tennial (Select). 

He also presented a memorial of the Presbyterian Church of 
Diller, Nebr., remonstrating against the opening of the World's 
Columbian Exposition on Sunday and the sale of intoxicating 
liquors thereat; which was rel'eried to the Committee on the 
{Quadro-Centennial (Select). 

He also presented sundry petitions, collected by the National 
Woman's Christian Temperance Union of Nebraska, containing 
202 individual signatures, praying- that no exposition or exhibi- 
tion for which apju-oiiriations are made by Congress shall be 
opened on Sunday; which were referred to the Committee on 
the Quadro-Contennial (Select). 

Mr. CHANDLER presented the following petitions of Salem 
Grange, Patrons of Husbandry, of New Hampshire; 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture— ordered to lie on the table. 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
Judiciary. 

Petition praying for the passage of House bill 39.5, defining 
lard and imposing a tax thereon— ordei-ed to lie on the tabic. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food and drugs — ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts — referred to the Committee on Post-Officcs and Post- 
Roads. 



4118 



OONGEESSIONAL EEOORD— SENATE. 



May 10, 



<r 



Petition praying for the passage o£ a bill making certain is- 
sues of money full legal tender in payment o£ all debts— to the 
Committee on Finance. . , ^ ^, „ ,. ^ • 

l\Ir CAIMERON presented memorials ol the Presbyterian 
churches of Pittsburg, Brandt, Reading, Jenkintown, Lawrence 
County, Hawlev, Chanceford, Moore, and Butler; of the Metho- 
dist Einscopal churches of Greenfield, Philadelphia, Pleasant- 
ville, and Rimersburg; of the Lutheran churches of Maytowu, 
Potts Grove, and Pine Grove Mills: of the Baptist churches of 
Uniontown and Sycamore; of the First Congregational Church 
of Pittston, and of the Reformed Church of Elderton, all in the 
State of Pennsylvania, remonstrating against the opening ol tne 
World's Columbian Exposition on Sunday and the sale of intox- 
icating liquors thereat; which were referred to the Committee 
on the Quadro-Centennial (Select). 

Mr SHERMAN presented sundry petitions, collected by the 
National Woman's Christian Temperance Union of Ohio, con- 
tainino- 533 individual signatures and 72 representative indorse- 
mentsfpraving that no exposition or exhibition for which ap- 
propriations are made by Congress shall be opened on bunclay, 
which were referred to the Committee on the Quadro-Centen- 
nial (Select). . , , , -u •„ 
Mr PLATT. I present three memorials from churches in 
the State of Connecticut, remonstrating against any appropria- 
tion for the World's Fair unless a guaranty is given that the 
Fair shall be closed on Sunday and no liquor sold on the prem- 
ises, with a threat of opposition hereafter to all members ol 
Con"-ross not heeding the demands of the memorialists. -1 ^vish 
to say that I think I am in sympathy with the purpose of the 
memorialists; I have long ago announced my opinion that the 
World's Fair ought to be closed on Sunday, but I am not in sym- 
pathy with the threat which is contained in the memorials. 1 
do not like to do anything under duress because I am threatened. 
The VICE-PRESIDENT. The memorials will be referred to 
the Select Committee on the Quadro-Centcnnial. 

Mr HISCOCK presented petitions of the Presbyterian 
churches of Rochester, Lewiston, Hornellsville, Parma Center, 
and Brighton, in the State of New York, praying that the 
World's Columbian Exposition be closed on Sunday, and the 
sale of intoxicating liquors be prohibited thereat; which were 
referred to the Committee on the Quadro-Centcnnial (Select). 
REPORTS OP COMMITTEES. 
Mr. SHERMAN, from the Committee on Finance, reported 
an amendment intended to be proposed to the sundry civil ap- 
propriation bill; which was referred to the Committee on Appro- 
priations, and ordered to be printed. -u -it i 
He also, from the Committee on Foreign Relatwns, submitted 
a report to accompany the joint resolution (S. R. 76) to author- 
ize the President to invite certain governments to send delegates 
to the Pan-American Medical Congress, heretofore reported by 

~ » .. Mr. MCMILLAN, from the Committee on the District of 

JmH^ — er^^bia, to whom was referred the bill (S. 2G37) to extend 
North Capitol street to the Soldiers' Home, reported it with 
amendments, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
-)>^(H. R. 429) to incorporate the District of Columbia o"Dur- 
ban Railway Company, reported it with amendments, and sub- 
mitted a report thereon. 

'' also, from the same committee, to whom were referred tlie 
foIl<fl\'ing bills, submitted an adverse report thereon; which was 
ao-reed to, and the bills were postponed indefinitely: 
°A bill (S. 709) to incorporate the District of Columbia Subur- 



birii Railway Company; ^ ,. ^ ,„ ..^t 

Jj IU (S. 1105) to incorporate the Washington and Doanwood 
Rai^tvay Company in the District of Columbia; 

j«r3»tll (S. 1314) to incorporate the Washington and Brookland 

Railway of the District of Columbia; , „, , 

jfc^u^Lj ^ A j^i '' (S. 1433) to incorporate the Washington and Bladens- 
burg'^treet Railway Company; and ^, ,, , 

A hJJi (S. 1493) to incorporate the Washington Northeastern 
Stree'f Railway Company. 

Mr SHOUP, from the Committee on Indian Affairs, to whom 
was referred the bill (S. 2999) extending the time for the com- 
pletion of the Spokane and Palouse Railway through the Nez 
Perces Indian Reservation, reported it with an amendment, and 
submitted a report thereon. 

GEORGE H. ELLIOT. 

Mr. MITCHELL. I am instructed by the Committee on 
Claims, to whom was referred the bill (S. 3020) for the relief of 
Lieut. Col. George H. Elliot, to report it favorably, without 
amendment. I ask leave to place the bill on its passage. I think 
when I shall have made a brief statement there will be no objec- 
tion to it. , . cc . X, 

The bill proposes to authorize the accounting officers of the 
Treasury to pass to the credit of Lieut. Col. George H. Elliot, 



of the Corps of Engineers, United States Army, the sum of $40, 
paid out by him in October, 1889, to Dr. John H. Neall, for med- 
ical attendance furnished to one G. W. Brown, a laborer in the 
employment of the United States, under the direction of said 
Elliot, and who was seriously injured, through no fault of his 
own, as shown by the papers, by the fall of a derrick at Wash- 
ington, D. C, September 21, 18S9. The Secretary of War rec- 
ommended the passage of this bill: the committee has recom- 
mended its passage unanimously, and in order to save printing 
I ask the Senate to proceed to its consideration. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was rejjorted to the Senate without amendment, or- 
dered to ha engrossed for a third reading, read the third time, 
and passed. 

REPORT ON TARIFF. 
Mr. MORRILL, from the Committee on Finance, reported the 
following resolution; which v.'as referred to the Committee on 
Printing: 

Ordered. That there be printed for the use ot the Senate -copies of 

Senate report No. 619. Fitty-second Congress, first session, of which number 
5,000 copies shall be for the use ol the Committee on Finance. 
NAVAL OBSERVATORY HEARING. 
Mr. PADDOCK. lam directed by the CommitteB to Audit and 
Control the Contingent Expenses of the Senate, to whom was re- 
ferred a resolution providing for payment of stenographer em- 
ployed by the Committee on Naval Affairs to report hearings on 
Seiiate bill 1703, to report it favorably without amendment, and 
I ask for its present consideration. 

The Senate, by unanimous consent, proceeded to consider the 
resolution; which was read, as follows: 

Resolved. Th;U the stenographer employed to report the hearings bf^. re 
the Committee on Naval Affairs on ScmUe bill 1703, to provide for a more 
perfect organization for the United Stales Naval Observatory, audlorothei 
purposes, be paid out of the contingent fund ot the Senate. 

Mr. COCKRELL. That comes from the Committee on Con- 
tingent Expenses? x^ • • i * 
Mr. PADDOCK. It does. I so reported it. It is simply to 
authorize the payment of a charge upon the contingent fund of a 
stenographer who was employed by a previous resolution under 
which a hearing has been proceeding. 
Mr. COCKRELL. That fund is being trenched upon very 

rapidly. . . . . 

Tho VICE-PRESIDENT. The question is upon agreeing to 

the resolution. 

Tho resolution was agreed to. 

BILLS INTRODUCED. 

Mr STOCKBRIDGE introduced a bill (S. 3108) granting a 
pension to Persis Barnard; which was read twice by its title, 
and referred to the Committee on Pensions. 

Mr McMillan introduced a bill (S. 3109) to amend the act 
incorporating the Washington and Georgetown Railroad Com- 
pany; which was read twice by its title, and referred to the Com- 
mittee on the District of Columbia. 

Mr. PADDOCK introduced a bill (S. 3110) grantmg a pension 
to Eunice M. Brown; which was read twice by its title, and re- 
ferred to the Committee on Pensions. , ■ . , 

Mr CARLISLE introduced a bill (S. 3111) for the relief of 
Robert S. Hill; which was read twice by its title, and referred 
to the Committee on Military Affairs. , .,wc- 

Ui- GIBSON of Maryland (by request) introduced a bill (b. 
311-'') to reo-ulate the sale of distilled and fermented liquors in 
the Disti-ict of Columbia; which was read twice by its title, and 
referred to the Committee on tlie District of Columbia. 

Mr MANDERSON introduced a bill (S. 3113) to remove the 
charo-e of desertion standing against John W. Wacker; which 
was read twice by its title, and, with the accompanying papers, 
referred to the Committee on Military Affairs. 

AMENDMENTS TO BILLS. 

Mr CAMERON submitted an amendment intended to Im pro- 
Dosed by him to the river and harbor appropriation bill; which 
was ordered to be printed, and, with the accompanying papers, 
referred to the Committee on Commerce. 

NATIONAL GUARD AT WORLD'S FAIR. 

Mr liHTCHELL submitted the following resolution: which 
was referred to the Committee oa the Quadro-Centennial (se- 
lect), and ordered to be printed: 

Resolved. That the Select Committee on the Quadro-Centennial be, andii is 
hereby, Instructed to inquire into the propriety of Congress raaU-mg a suita- 
ble m-ovlslon to cover the cost of tr.ansrortation and subsistence of the N^ 
l'^Tl°Gt?ard ot't'ie different States to enable such Nauona. Guard to be 



j^^LS^c2^^tSrTr?;^:S^w;^:%;anheVorhrs Columbian 
fexposition, Chicigo, m 1893; and to report by bill or others ise. 
HON. HENRY W. BLAIR. 

Mr. CHANDLER submitted the following resolution; which 
was considered by unanimous consent, and agreed to: 

Ordered, That Senate Executhe Document E, of the present session, being 



1892. 



CONGRESSIONAL EECOED— HOUSE. 



4191 



apjiropriation tlio Secretary of the Treasury has very little 
authority or ability to act, especially if restricted to the appro- 
priation for fuel, lights, and water. I will append to my remarks 
some letters throwing much light on this question, which I will 
not take up the time of the committee by i-eading. These letters 
show clearly the economy of the proposed change. 

Why, sir, although this addition of $1,500 to the bill by my 
amendment would seem at the first glance to be swelling the 
appropriations, and therefore in the line of extravagance, it is 
in icality in the line of economy, retrenchment, and reform. 
There is not a business man in the country who would not invest 
$l,riMO additional in equipping his "plant" if by so doing he 
could save that amount yearly thereafter. The Government is 
now paying nearly $4,000 per annum for gas in the post-office 
and custom-house at Nashville. If we expend twelve or fiftcL^n 
hundred dollars putting wire and lamps, I am informed that wc 
can get the same light from an electric-light comiDany for about 
half what is now paid for gas. The following are the letters re- 
ferred to: 

United States Post-office, 

NashtiUe. Tenn.. Mat/ 7, J902. 

Dkau Sir: Respecting electric-Ilght plant In Nashville custom-house 
building,! beg to report: » * » What we need now is the wiring of the 
building. The sale of the Capital electric plant ol Nashville to the Thom- 
Bon-Houston Company has been confirmed, and they are now erecting au im- 
mense plant in Nashville which will be able to supply us with electric light. 
I inclose herewith: 

First. Proposal of 'Western Electric Company, of Chicago, 111., to furnish 
a complete plant. In the ninth article of said proposal you will find the bid 
for wiring, etc.. which Includes everything (see their subsequent letterdated 
May 3, ISDi, attached to proposal) to make plant complete, the work to be 
flone tor SI. 065. 

Second. I inclose proposal of Capital Electric Company, of Nashville, Tenn. , 
to do the ^vlring, etc., for $1,315. 

Third. I inclose a chart (blue) showing the distribution of the lights on 
the ditfereut floors. The above bids were made irith said charts before the 
bidders. 

I respectfully recommend the bid of Western Electric Company, SI.OuS, 
this being the lowest bid, and the bidders responsible. I trust you will be 
4ble to have the work ordered at the earliest possible date, to enable me to 
get the electric light in before the hot weather. With gas at night in our 
post-ofllce main room the thermometer in June, July, and August reaches 
ne.irly 1(»°. 

Our principal mails, as you know, arrive late In the evening and must be 
distributed in the night. The electric light will be very much cheaper than 
gap. 

It the work is ordered, I respectfully ask the return of the blue chart, so I 
can see the work is done in accordance with the plan. 
Very respectfully, yotir obedient servant, 

A. W. WILLS, Poslmns','!-. 

Hon. Joseph e. Washington. M. C, 

Washington, D. C. 

[Extract from letter of A. W.Wills, postmaster at Na.shvUle, Tenn.. also 
custodian of the custom-hoase building, to honorable Secretary of the 
Treasury, Washington, D. CI 

Concerning the almost absolute necessity of the use of electric light in the 
Nashville post-office, I beg to say that the heat from the gas is so oppressive 
during the hot nights, as well, too, in the day, when gas must be used, that 
our employes in the summer months break down under it. As many as five 
mail trains arrive at Nashville about d.ark every night. All this mail must 
be distributed at night by gas light; also all the mail received from dusk tm- 

out- 
■ning. 
qtiestion of the great saving to the 
Government by the use of electricity is one of material importance. The 
record of the Treasury will show that the Nashville Gas Company was paid 
for the year ending October 31,1889, the sum of $3,498.43. This for gas con- 
sumed m Nashrtlle custcm-house building. For the year 1890 we paid ?3.- 
804.01. 

The use of the electric light will be a great blessing to the Nashville post- 
Offlce employes. The thermometer for nights in June, July, and August 
stands from 95= to 100' in the Nashville post-otBce under the great heat gen- 
erated by the gas, in addition to the torrid atmosphere. 

I resiJectfuUy submit estimates herewith for the establishment of au elec- 
tric plant in tlie building in my custody. 

A glance at the facts \\-lll readily evidence the very few years required to 
pay for the whole plant considering the annual payments we are making for 
gas, hence it is great economy as well as giving us a better and more satis- 
factory light. » « * 

[Copy of letter from John W. Llnck, special agent United States Treasury 
Department.] 

NASHVILLE, TENTf., April S5. ISOl. 

Sin; Yoiu- communication of the 24th Instant, relative to the lighting of 
the custom-house with electricity, is at hand, and In answer would respect- 
fully state, that if the estimates for furnishing the plant and cost of running 
the same are coiTect and accurate, there should be no delay in advertising 
for bids, for It would imdoubtedly be a very great Improvement in every 
sense. 

There would doubtless have to be au act of Con.gres3, however, authori7iug 
the expenditure and making au appropriation for the same. Should there 
be any appropriation available I have no doubt but what the Department 
would authorize an advertisement for bids atonce, and should the matter be 
submitted to me. with limited investigation I have made. I would not hesi- 
tate torecommend the substitute of an electric plant as being more econom- 
ical, more satisfactory as light, and infinitely more comfortable to the em- 
filoyes. Only those who have worked under the tierce heat and flickering 
[ght of gas jets lu hoisumiuer nights for hom'scau understand howopures^ 
sivo it Is. 

Very respectfully, 

JOHN W, LINCK, Spfcial Agent. 
MaJ. A. W. Wills, P. M., 

Custodian Custom-house. Kashville, Tenn. 



uc ui.->iiiuuLt-,-i at i±i^Lii uy t;aa ii^ut; ai^o all me luaii receiveti irom UUSK li 
til near midnight in our hourly collections must be made up for the sue oi 
going mail trains leartng between the hours of 3:30 and 7:30 every mornin 
All this work mtist be done at night. The question of the great saving tot: 



[Copy ol certificate by L. W. Walker, superintendent repairs ou public 

buildings.] 

I believe the electric plant ostablishod In the NashvUlo post-offlco would 

result in quite a saving to the Government, aud would certainly be a great 

relief to the employe's. 

Respectfully, 

L. W. WALKER. 
Supermimdent Eepairs on Public Buildings. 

[Copy of letter from Hon. Assistant Secretary United States Treasury.] 

TRE.\SnKY DEPAHTMENT, Ot-FICE OF SECRETARY, 

Was/tington, 1). C, June 10, 'liOl. 
Sir: The Department is in receipt of your communication of the 6th in- 
stant, mclosing proposal of the Western Electric Companr. of Chicago 111 
for the introduction of au electric-lighting system in the building lii your 
custody, and iu reply thereto you are informed that until Congress shall 
have pro\-lded an appropriation for such a purpose it is Impraclicabie to 
favorably consider the proposition submitted. 

The Department has several times made an effort to have appropriations 
made for the introduction of electric plants into some of the larger build- 
ings, but without sticcess. 
Respectfully yours, 

L. CROUNSE, Assistant Secretary. 
Custodian CusTOM-HonsE. A'ashvilte, Tenn. 

Mr. HOLMAN. Just a single word, Mr. Chairman. The com- 
mittee thought that the a]3propriation of $725,000 for these pur- 
poses was sufficient. That isthejudgmentof the committee. The 
gentleman from Tennestco [Mr. Washington] called upon mo to 
inquire whether his item was in the bill. I told him, of course, that 
it was not. Wo never put those items in separately. They arc 
all put in in gross; and I feel very certain that if this is a meas- 
ure of economy, the Secretary of the Treasury will see to it that 
the proper amount is taken out of this $725,000 and applied to 
this object. 

Mr. DINGLEY. I move to strike out the last word, simply 
for the purpose of remarking upon this point that the estimate of 
the Secretary of the Treasury was $775,000. That was a con- 
siderable reduction from the estimates of the previous year. 
The committee have cut down the estimates to $725,000, notwith- 
standing there are a large number more of public buildings to 
be heated and lighted; so that gentlemen can see how little chanco 
there is for any new building to come in under this general ap- 
propriation. 

l\Ir. HOLMAN. I ask for a vote. 

The question bjing taken on the amendment of Mr. Washing- 
ton, the Chairman announced that the noes seemed to have it. 

Mr. WASHINGTON. I demand a division. 

The committee divided; and there were— a3-es 35, noes 80. 

So the amendment was rejected. 

Mr. HOLMAN. As some gentlemen desire to leave the House 
in a few minutes, and as it is very nearly 5 o'clock, to accom- 
modate them, without, I hope, discommoding tlie committee, I 
move that the committee do now rise. 

The motion was agreed to. 

The committee accordingly rose; and the Speaker having i-e- 
sumed the chair, Mr. LESTER of Georgia, from the Committee 
of the Whole House on the state of the Union, reported that that 
committee had had under consideration the bill (H. R. 7520) 
making appropriations for sundry civil expenses of the Govern- 
ment for the fiscal year ending Jtme 30, 1893, aud for other pur- 
poses, and had come to no resolution thereon. 

message from the president. 

A message, in writing, from the President of the United States 
was communicated to the House by Mr. Pkuden, one of his sec- 
retarii3S. 

The message also informed the House that the President had 
approved and signed bills aud joint resolutions of the following 
titles: 

Ou April 28, 1892: 

An act (H. II. 5978) to extend the time for making an assess- 
ment of real estato in the District of Columbia outside the cities 
of Washington and Georgetown. 

An act (H. R. 4429) to empower the commissioners of the Dis- 
trict of Columbia to grant respites aud pardons in certain cases. 

On April 30, 1S92: 

An act(H. R. 27S()) to amend the act giving the approval aii^ 
sanction of Congress to the route and termini of the Anacost!^ 
and Potomac River Railroad in the District of Columbia. 

An act (H. R. 62SG) to amend the charter of the Rock Creejj 
Railroad Company. 

On May 3, 1892: • 

An act (H. R. 7020) to create a third division of the district of 
Kansas for judicial purposes and to fix the time for holding court 
therein. 

•Joint resolution (H. Kes. 10) for the release of all claim of the 
United States to lot IS, section 2, governor and judges' plan, De- 
troit. 

On May 5, 1892; 

An act (H. R. 6185) to prohibit the coming of Chinese iiersons 
into the United States. 



4192 



CONGRESSIONAL EECORD— HOUSE. 



May 11, 



An act (H. R. 7023) to encourage American shipbuilding. 

Joint resolution (H. Res. 97) to fill vacancies which will occur 
in the Board of Managers of the National Home for Disabled 
Volunteer Soldiers on April 21, 1892. 

On May 11, 1892: 

An act (H. R. 8503) making appropriations for expenses that 
may be incurred under the treaties between the United States and 
Great Britain concluded at Washington, February 29 and April 
18, 1892. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. Platt, one of its clerks, 
announced that the Senate had passed without amendments bills 
of the following titles: 

A bill (H. R. 4288) authorizing the payment of the pension of 
Edward S. Smith, accrued at the date of his death, to his mother, 
Catherine; 

A bill (H. R. 507) to provide for a term of the United States 
circuit and district courts at Evanston, Wyo.; 

A bill (H. R. 4533) for the relief of the 'holders of drawback 
certificates issued under an act of Congress, approved June 2, 
1890; 

A bill (H. R. 6658) to vacate that part of Madison street, George- 
town, west of Back street, and extend Y street, in Burleith, in 
the District of Columbia; 

It alsoannounced that the Senate had passed, with amendment, 
the hill (H. R. 73GO) authorizing the construction of a wagon and 
motor bridge over the Missouri River at St. Charles, Mo.; in 
which concurrence was requested. 

It also announced that the Senate had passed hills of the fol- 
lowing titles; in which concurrence of the House was requested: 

A bill (S. 3020) for the relief of Lieut. Col. George H. Elliot: 

A bill (S.2900) authorizing the Aransas Harbor Terminal Rail- 
way Company to construct a bridge over and across the Corpus 
Christi Channel, known as the Morris and Cummings Ship Chan- 
nel, in Aransas County, Tex.; 

A bill (S. 2699) to repeal section 16, chapter 294, of the act ap- 
proved July 15, 1870, making appropriations for the support of 
the Army "lor the fiscal year ending June 30, 1871, relating to 
bi'evets; 

A hill (S. 2150) in regard to a monumental column to com- 
memorate the battle of Princeton, and appropriating $30,000; 

A bill (S. 1304) for the erection of a public building at Pierre. 
S. Dak.; 

A bill (S. 1126) for the establishment of fish hatcheries in the 
States of Montana and Texas and on the Gulf coast; 

A bill (S. 894) authorizing the Secretary of War to cause a 
survey to be made for a ship canal connecting the waters of Lake 
Erie and Ohio River; and 

A bill (S. 242) for the relief of the estate of John W. Whit- 
field, late register of the land office in the Delaware land district 
of Kansas. 

ENROLLED BILLS SIGNED. 

Mr. SCOTT, from the Committee on Enrolled Bills, reported 
that the committee had examined and found truly enrolled bills 
of the following titles; when the Speaker signed the same: 

A bill (H. R. 7727) to authorize the construction of a telephone 
line on the coast of Virginia from Cape Charles to Assateague 
Island, in aid of the preservation of life and property; 

A bill (H. R. 4845) to amend an act entitled "An act relating 
to tax sales and taxes in the District of Columbia;" and 

A bill (S. 4) for the relief of Alfred J. Worcester. 
leave of absence. 

By unanimous consent, leave of absence was granted as fol- 
lows: 

To Mr. COCKRAN, until Tuesday next, on account of important 
business. 

To Mr. LOCKWOOD, for the remainder of the week, on account 
of important business. 

And then, on motion of Mi\ Holman (at 4 o'clock and 54 min- 
utes p. m.) the House adjourned until to-morrow at 12 o'clock m. 



REPORTS OF COMMITTEES. 

Under clause 2 of Rule XIII, private bills and resolutions were 
severally reported from committees, delivered to the Clei-k, and 
referred to the Committee of the Whole Hous'e, as follows: 

By i\Ir. STONE of Kentucky, from the Committee on War 
Claims: A bill (S. 789) for the relief of Warren Hall. {Report 
No. 1361.) 

By Mr. WINN, from the same committee: 

A resolution referring the bill (H. R. 4291) for the relief of 
Richard P. Blackistone to the Court of Claims. (Report No. 
1362.) 

A bill (H. R. 1539) to authorize the Secretary of the Ti-easury 
to refund certain moneys collected by the United States. (Re- 
port No. 1363.) 



By Mr. DOLLIVER, from the same committee: 

A bill (H. R. 8551) for the relief of William Hancock, admin- 
istrator. (Report No. 1364). 

A bill (H. R.8669) for the relief of Francis Downs, executor of 
the late William Craig. (Report No. 1365.) 

A bill (H. R. 8374) for the relief of Margaret Jane Lovell, ad- 
ministratrix. (Report No. 1366.) 

A bill (H. R. 8670) for the relief of Juaneta Rowland, adminis- 
tratrix. (Report No. 1367.) 

A bill (H. R. 8674) for the relief of Gerald Russell. (Report No. 
1368.) 

By Mr. CADMUS, from the same committee: A bill (H. R. 
8553) for the relief of Richard W. Johnson. (Report No. 1369.) 

By Mr. WINN, from the same committee: A resolution re- 
ferring the bills (H. R. 7646, 7711, 7911, and 6055) for the relief 
of the estate of Travis E. Harding, Mai-y H. Anderson, widow of 
Hiram Anderson, Mrs. Prank Deslonds, and Mrs. Sidonio du la 
Houssaye to the Court of Claims. (Report No. 1370.) 

By Mr. PICKLER, from the s,amo committee: A bill (H. R. 
8558) for the relief of Emily Murdock, administratrix. (Report 
No. 1371.) 

By Mr. CLANCY, from the same committee: 

A resolution referring the hills (H. R. 6208, 3249, 7805, and 
1963) for the relief of UIgcr V. Badeaux, Alphonse DesMarc, W, 
W. Edwards, and Clarissa Bishop to the Court of Claims. (R'i- 
port No. 1.373.) 

A bill (H. R. 8656) for the relief of Louis H. Bristol, adminis- 
trator. (Report No. 1374.) 



CHANGE OP REFERENCE. I 

Under clause 2 of Rule XXII, committees were severally dis-* 
charged from the consideration of the following bills; which were 
re-referred, as follows: 

A bill (H. R. 5840) for the relief of Willis T. Smith, of Clinton, 
Tenn. — the Committee on Invalid Pensions discharged, and re- 
ferred to the Committee on Military Affairs. 

A bill (H. R. 8666) for the relief of Pay Clerk Charles Blake, 
United States Navy — the Committee on Naval Affairs discharged, 
and referred to the Committee on Claims. 

A bill (H. R. 8667) for the relief of Paymaster James E. Tolfree, 
United States Navy — the Committee on Naval Affairs dis- 
charged, and referred to the Committee on Claims. 



BILLS, MEMORIALS, AND RESOLUTIONS. 

Under clause 3 of Rule XXII, bills and resolutions of the follow- 
ing titles were introduced and severally referred as follows: 

By Mr. CLARK of Wyoming: A bill (H. R. 8700) to i\x the 
time for holding the circuit and district courts for the district of 
Wyoming at Cheyenne — to the Committee on the Judiciary. 

By Mr. BROWN (by request): A bill (H. R. 8701) granting 
right of way to the Yuma Pumping Irrigation Company across 
the Yuma depot quartermaster's reservation in Arizona^to the 
Committee on Indian Affairs. 

By Mr. HALVORSON (by request): A bill (H. R. 8702) for an 
act to repeal timber-culture laws, and for other purposes — to 
the Committee on the Public Lands. 

By Mr. CLARK of Wyoming: A bill (H. R. 8703) to grant to 
the State of Wyoming certain lands to promote technical educa- 
tion in the bi-anches of learning connected with the mining of 
coal and iron ore, and the production of coke, iron, and steel, and 
the manufacture thereof — to the Committee on the Public Lands. 

By Mr. MUTCHLER: A resolution for the payment of J. W. 
Murphy — to the Committee on Accounts. 

By Mr. BANKHEAD: A resolution setting apart 25th and 26th 
of May for bills reported from the Committee on Public Build- 
ings and Grounds— to the Committee on Rules. 

By Mr. OUTHWAITE: A resolution setting aside two days in 
May for the consideration of bills reported by the Committee on 
Military Affairs — to thc-Committee on Rules. 

By Mr. GRAIN: Requesting the Attorney-General to furnish 
certain information regiirding the Edison Electric Company, 
the Thomson-Houston Electric Company, or the General Electric 
Company — to the Committee on the Judiciary. 



PRIVATE BILLS, ETC. 

Under clause 1 of Rule XXII, private bills of the following 
titles were presented and referred as Indicated below: 

By Mr. BRICKNER: A bill (H. R. 8705) for the relief of Henry 
W. "Chapman, administrator— to the Committee on War Claims. 

By Mr. CHEATHAM: A bill (H. R. 8706) to release and turn 
over to Mrs. Mary O. Augusta certain property in the District 
of Columbia— to the Committee on the District of Columbia. 

By Mr. COX of Tennessee: A bill (H. R. 8707) for the relief of 
William J. Hines— to the Committee on Military Affairs. 



1892. 



CONGEESSIONAL RECORD— SENATE. 



4197 



liquors bo prohibited thereat; which was referred to the Com- 
mittee on the Quadro-Centennial (Select). 

Mr. HAWLEY presented petitions of the Congregational 
churches of Thompson, Stony Creek, Berlin, Redding, and East 
Haven, all in the State of Connecticut, praying that the World's 
Columbian Exposition be closed on Sunday and that the sale of 
intoxicating liquors bo prohibited thereat; which were referred 
to the Committee on the Quadi'O-Centennial (Select). 

Mr. COCKRELL presented a petition of the Methodist Epis- 
copal Church of Rolla, and petitions of the Methodist Episcopal, 
Baptist, and Christ, churches of Greenfield, all in the State of 
Missouri, praying that the World's Columbian Exposition be 
closed on Sunday and that tho sale of intoxicating liquors be 
prohibited thereat; which were referred to the Committee on 
the Quadro-Centennial (Select). 

He alfo presented a petition of the Kirksville (Mo.) Pi-esbyte- 
rian Church, signed by a committee of that body, representing 
165 members, praying that the World's Columbian E.xposition 
be closed on Sunday and that the sale of intoxicants be prohib- 
ited thereat; which was referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. COCKRELL. I present resolutions adopted by the Cum- 
berland Presbyterian Congregation of Kirksville, Mo., at a meet- 
ing held on the Sth of May, 18'J2, favoring tho closing of the 
World's Fair on Sunday and the })roliibition of tho sale of intox- 
icants thereat. This church has 257 resident members, and the 
resolutions are signed on their behalf by a committee consisting 
of W. T. Baird, A. T. Patterson, and W. D. William. I move 
that the resolutions be referred to the Committee on tho Quadro- 
Centennial (Select). 

The motion was agreed to. 

Mr. TURPIE presented the petition of Georgo W. Geiger and 
other citizens of Noble County, Ind., praying for the passage of 
the Washburn-Hatch antioption bills; which was referred to the 
Committee on the Judiciary. 

He also presented a petition of the Newtown and Beulah Pres- 
byterian Churches, of Newtown and Rob Roy, Ind.; a petition of 
the Methodist Episcopal Church of State Line City, Ind.; a peti- 
tion of the Prairie Vine Baptist Church, of Morocco, Ind.; a pe- 
tition of the First Presbyterian Church of Madison, Ind.; a peti- 
tion of the Presbyterian Church of Union City, Ind.; a petition of 
the Methodist Episcopal Church of Lebanon, ind.,and a petition of 
the Eminence Method ist EiiiscopalC hu rch of Eminence , Ind . , pray- 
ing for the closing of the World's Columbian Exposition on Sun- 
day and that the sale of intoxicants be prohibited thereat; which 
were referred to the Committ 36 on theQuadro-Centennial(Select). 

Mr. HISCOCK presented a petition of the Baptist, Methodist 
Episcopal, and Presbyterian churches of Peim Yan, N. Y., and 
petitions of the First Congregational Church of Norwood, of the 
First Pr^'sbyterian Church of Jefferson, of the Presbyterian 
churches of Ancram Lead Mines, and of Stone Church, all in the 
State of New York, praying for the closing of the Columbian 
Exposition on Sunday and for the prohibition of the sale of in- 
toxicating liquors thereat; which were referred to the Commit- 
tee on the Quadro-Centennial (Select). 

Mr. WILSON. I present petitions of the United Presbyterian 
Church of Goldlield, FirstPresbyterian Church of Tipton, Bethel 
Presbyterian Church of Livermore, United Presbyterian Church 
of Ainsworth, United Presbyterian Church of Tingley, First 
Presbyterian Church of Marengo, First Presbyterian Church of 
Janes ville, and the Presbyterian Church of Waterloo FirstCon- 
gregational Church of Montour, and the First Baptist Church of 
Webster City, all in the State of Iowa, praying that the World's 
Columbian Exposition be closed on Sunday and that the sale of 
intoxicating liquors be prohibited thereat. 

I wish to state that I fully concur in the prayer presented by 
the petitioners. I move that the petitions be referred to the 
Select Committee on the Quadro-Centennial. 

The motion was agreed to. 

Mr. PADDOCK presented a memorial of tho First Evangel- 
ical Lutheran Church of Wilber, Nebr., and a memorial of the 
Methodist Episcopal Church of Kennard, Nebr., remonstratin"- 
against the opening of the World's Columbian Exposition on 
Sunday and tho sale of intoxicating liquors thereat; which were 
referred to the Committee on the Quadro-Centennial (Select). 

Mr. ALDRICH presented a petition of the Yearly Meeting of 
Friends of Now England, praying for the passage of legislation 
authorizing an international peace conference at the World's 
Columbian Exposition; which was referred to the Committee 
on the Qiuuiro-Centennial (Select). 

Mr. QUAY presented the memorial of Mrs. G. G. Green and 
90 other members of the Seventh-Day Adventist Church of Lit- 
tle Genesee, Pa., and tho memorial of William Barron and S't 
other members of the Seventh-Day Adventist Church of Susque- 
hanna County, Pa., I'emonstrating against the closing of the 
World's Columbian Exposition on Sunday; which were referred 
to the Committee on the Quadro-Centennial (Select). 



He also presented sundry petitions collected by the National 
Woman'sChristian Temperance Union of Pennsylvania, contain- 
ing 663 individual signatures, praying that no exposition or ex- 
hibition for which appropriations are made by Congress shall be 
opened on Sunday; which were referred to the Committee on tho 
Quadro-Centennial (Select). 

REPORTS OF COMMITTEES. 

Mr. CAMERON, from the Committee on Military Affairs, to 
whom were referred the following bills, subuiitted adverse re- 
ports thereon; which were agreed to, and the bills were post- 
poned indefinitely: 

A bill (S. 2652) for the relief of Bela R. Davis; 

A bill (S. 2256) for the relief of Carroll L. Coinstock; and 

A bill (S. 853) to promote and encourage the display of the flag 
of the United States. 

Mr. CAMERON, from the Committee on Military Affairs, to 
whom was referred the bill (S. 494) for the relief of Daniel W. 
Boutwell, submitted an adverse report thereon. 

Mr. PEFFEit. I ask that that bill may be placed upon the 
Calendar. It is a bill of considerable importance, and I think I 
shall be able to obtain some additional testimony before the ses- 
sion closes. 

The PRESIDENT pro tempore. The bill will be placed on the 
Calendar with the adverse report of the committee. 

Mr. WALTHALL, from the Committee on Military Affairs, 
to whom was referred the bill (S. 2019) for the relief of Horace 
Brown, alias Magruder, submitted an adverse report thereon, 
which was agreed to, and tho bill was postponed indefinitely. 

Mr. BATE, from the Committee on Military AtTairs, to whom 
were referred the following bills, submitted adverse reports 
thereon; which were agreed to, and the bills were postponed 
indefinitely: 

A bill (S. 1782) for the relief of James Roberts; and 

A bill (S. 2024) authorizing the President to appoint and retire 
John W. Hines with the rank and grade of second lieutenant. 

Mr. Mcpherson, from the committee on Naval Affairs, 
submitted a report to accomi)any the bill (S. 848) for the relief 
of John L. Broome, previously reported by him. 

He also, from tho same committ'ee, submitted a report to ac- 
company tho bill (S. 2965) for the relief of Capt. George H. 
Perkins, heretofore rei»rted by him. 

Mr. MANDERSON, from the Committee on Indian Afi'airs, to 
whom was referred the bill (H. R. 7557) to ratify and confirm an 
agreement with the Indians residing on the Colville Reserva- 
tion, in the State of Washington, with certain modifications, and 
to make appropriations to carry into effect the same, reported it 
with an amendment, and submitted a report thereon. 

BILI^S INTRODUCED. 

Mr. DA WES_ introduced a bill (S. 3119) for the relief of Fanny 
S. Livers, administratrix; which was read twice by its title, and 
referred to the Committee on Claims. 

Hs also introduced a bill (S. 3120) authorizing the appoint- 
ment of six additional Judge-advocates with tho rank, pay, and 
allowances of a captain in the Army; which was read twice by 
its title, and referred to the Committee on Military Affairs. 

Mr. PROCTOR introduced a bill (S. 3121) to amend an act ap- 
proved July 15, 1882, entitled "An act to increase the water sup- 
ply of the city of Washington, and for other purposes;" which 
was read twice by its title, and, with the accompanying papers, 
referred to the Committee on the District of Columbia. 

Mr. HISCOCK introduced a bill (S. 3122) to encourage Amer- 
ican shipbuilding: which was read twice by its title, and re- 
ferred to the Committee on Commerce. 

Mr. ALDRICH introduced a bill (S. 3123) to restore Lieut. 
Samuel Howard to his proper rank: which w.is read twice by its 
title, and, with tlio ace mipanying papers, referred to the Com- 
mittoj on Military Affairs. 

Mr. HAWLEY introduced a bill (S. 3124) granting a pension 
t3 Jane E. Anderson; which was read twice by its title, and re- 
ferred to the Committo ' on Pensions. 

Mr. VILAS introduced a bill (S. 3125) for the relief of John J. 
Upham; which was read t'.vice by its title, and referred to the 
Committee on Military Affairs. 

Mr. DAWES introduced a joint resolution (S. R. 83) authoriz- 
ing and directing the President to proclaim a general holiday 
commemorating tlie four hundredth anniver.sary of the discovery 
of America on th'e 12th day of October, 1892: which was read 
twice by its title, and retei'red to the CoTnmittee on the Quadro- 
Centennial (Select). 

AMENDMENT TO A BILL. 

Mr. McMILL.\N submitted an amendment intended to be pro- 
po.sed by him to tho river and harbor apjjropriation bill; which 
was I'oferred to the Committee on Commerce, and ordered to bo 
printed. 



41 98 



CONGRESSIONAL RECORD— SENATE. 



May 12, 



PRESIDENTIAL APPROVAL. 

A messaso from the President of the United States, by Mr. O. 
L. I'RUDEN, one of liis secretaries, announced that the President 
had on the i)th instant approved and signed the act (S. 2305) to 
provide for the permanent preservation and custody of the records 
of the volunteer armies, and for other pui-poses. 

V,"E3T INDIAN COMMERCIAL RELATIONS. 

Mr. CALL submitted the following concurrent resolution; 
which was ordered to lie on the table and be printed: 

y,V' it rcsoUed by tlie Senalf i.the Hoiisf of Uepresentalivx concurring) , That a 
ioint commlltee of Ihree Senators and four Repri'senlatlves of the Congress 
of the United States shall he appointed hy the President of the Senate and 
the Speaker of the House, respeetivelv. "ho shall inquire into the conditions 
of C'uba and the islands known as the Greater Antilles and the Lacnyas or 
Bahama Islands, and the Lesser Antilles or Windward or Caribbee Islands, 
and their coniniercial. uiililarv, and political relations with the people of 
the United States of America, and report to Congress such legislation as 
may be expedient and necessary to improve the commercial and political 
relations of the United States of" America and the people of these islands, 

;' That th» committea shall have power tp send for persons and papers, 
and to employ a stenographer, and theexponseof such Investigation, Includ- 
ing the pay oi the stenographer and clerk, .shall be paid out of the contingent 
fund of the Senate. 

INDEPENDENCE OF CUBA. 

Mr. CALL submitted the following resolution; which was re- 
ferred to the Comtnlttce on Foreign Relations: 

H'So'ee'J That the President be, and he is hereby, authorized and requested 
to open negotiations with the Government of Spain for the purpose of in- 
ducaii' that Government to consent to the establishment in the island of 
Cuba of a free and independent republic: such consent to be given upon the 
payment by Cuba to the Government of Spain of such a sum of money as 
may be cqtihalent both to thev.alueof the public property belonging to Spain 
in the said island and to the relinquishment of her sovereign rights, and also 
the securing, by treaty, of such commercial advantages as may be agreed 
upon. 

WASHINGTON AND ARLINGTON RAILWAY COMPANY. 

Mr. HALE. I submit a resolution for adoption. 

The resolution wa:^ read, as follows: 

Whereas the Washington and Arlington Railw.ay Company of the District 
of Clolumbia was Incorporated by an act approved February 28, 1891, and W. 
H. Handle, D. C. Forney, J. S. La^^Tence, Beriah Wilklns, C. G. Lee, and James 
L Barbotvr were named as the incorporators of said road; and 

Whereas no one of the above-named persons appeared as a stockholder in 
said company in the report made to the Senate dated January 23, 1892; and 

Whereas the charter of said road authorizes the company, on certain con- 
ditions, to construct and maintain a street railroad on the Canal Road In 
Georgetown, which road will be seriously obstructed for public travel if such 
railroad were so constructed ; and 

Whereas it Is a matter of public report that the charter of the said railroad 
company was sold by the incorporators lor the sum of «8,000 or thereabouts, 
before any part of the construction of said road was begun, and has been 
sold several times subsequent to the first sale; and 

Whereas the amount of money expended on said road Is stated to be in 
the neighborhood of but 80,000: Therefore, 

He if. resolved, That the Committee on the District of Columbia be Instructed 
to investigate the aftah-s of the said Washington and Arlington Railway 
Company, and to report to the Senate by bill or otherwise what action, if 
an-^- is necessary to be taken to protect the ptiblic interests in accordance 
with the reserved power of Congi'ess to amend, alter, or repeal the said 
act of incorporation. 

The .Senate, by unanimous consent, proceeded to consider the 
resolution. 

Mr. HALE. Mr. President, I do not need to call the atten- 
tion of the chairman of the Cominittee on the District of Co- 
lumbia to this matter, because I know that ho is most vigilant in 
guarding the rights of the ptiblic against such transactions as 
will he brought out on the investigation proposed. It has been 
found that in several cases, enough in number so that I may say 
it has been a practice, parties living here or living outside get 
acts of inc;n-poration for building roads in the city and in the 
country adjacent in this District, and then sell them outright, 
invoking- the interposition of Congress to secure charters in order 
that they may bo hawked about in the market, and six months 
after we pass a bill and make it an act incorporating one of these 
com))anies everybody in it has disappeared, and thoy have ex- 
acted whatever terms they can agree upon, whatever sums of 
money can be paid from others who come in, pay the money, and, 
as in the case indicated hero, sell it out again. 

I know that tlie Senator from Michigan [Mr. McMillan], 
who is giving much time and labor to these questions, will see 
to it that this practice obtaining heretofore shall cease. When 
valuable privileges are granted it ought to bo upon the bona 
fide statements and representations of parties who are really 
going to act under the charters and build the roads, and not, as 
in this case, underthe pretense of spending money, puttingafew 
thousand dollars in, and then selling out their charter. 

Mr. COCKRELL. Why should not Congress revoke the char- 
ter, then? 

Mr. HALE. I leave all that, in the language of the resolti- 
tion, to the committee that will report. I do not speak, of course, 
with authority; I am not even a member of the committee; but 
I have no doubt that the result of this investigation, which need 
not be long, will bo that the charter of the conijiany will bo re- 
voked. 

I may say here that in the bills being now reported from the 
Committee on the District of Columbia I am very glad to see 
that provisions arc being inserted, which has not been done be- 



fore, that unless the company itself proceeds forthwith to build 
the road and complete it and throw it open to the ]5ublic the 
charter shall be forfeited. 

Mr. DAWES. Mr. President, I wish it were practicable to 
extend this investigation further than the District of Columbia. 
This reprehensible practice has come to be very prevalent in 
other quarters. There is quite a vigorous traffic in railroad cor- 
poration, authorized to build i-ailroads through tjie Indian cotm- 
try, going on at this time. There were a great many of those 
roads chartered in the last Congress and the one previously, and 
they are offered for sale all over the country. Whenever a road 
which is absolutely necessary for commercial purposes there is 
proposed, up comes one of these roads and shakes itself in the 
face of thosS parties and tells them that thoy will sell themselves 
out to them for a certain sum of money or else they can not go 
through. It has come to the notice of the Committee on Indian 
Affairs that that has been carried on a good deal. The commit- 
tee has reported two bills repealing charters of that kind. 

I heartily cooperate with the Senator from Maine in this in- 
vestigation. I do not think it is practical tj extend it to the 
case I call attention to, but it ought to he thoroughly ventilated 
in this country that it is quite a matter of mercantile business 
here getting charters of various kinds, not only these railroads 
but other corporations for special privileges, and they are offer- 
ing them for sale around the country. 

The PRESIDENT x)ro tempore. The question is on the adop- 
tion of the resolution. 

The resolution was agreed to. 

The preamble was agreed to. 

ORDER OF BUSINESS. 

Mr. HALE. I desire to call up the naval apjM-opriation bill, 
if the routine business is concluded. 

Mr. MORGAN. On last Monday I gave notice, at the request 
of the senior Senator from Kansas [Mr. Peffer], that I would 
call up to-day for debate on his part the message of the Presi- 
dent which lies on the table in reference to an agreement with ; 
foreign countries for the free coinage of silver or some bime- 
tallic arrangement. I desire now, if the routine business is fin- 
ished, to call up that message so as to enable the Senator from 
Kansas to deliver his address. 

The PRESIDENT pro temjwre. The Chair will recognize the 
Senat(» from Kansas at the conclusion of morning business. 

Mr. MORGAN. Very well. 

REPORT ON tariff. 

The PRESIDENT pro tempore. The Chair lays before the Sen- 
ate a resolution coming'over from a previous day, which vrill be 
read. 

The resolution reported yesterday from the Committee on 
Printing was read, as follows: 

Ordfred, That there be printed for the use of the Senate 15.000 copies of Sen- 
ate Report No. C19,Pitty-second Congress, first session, of which number 5.000 
copies shall bo for the use of the Committee on Finance. 

The PRESIDENT pro tempore. The question is on the adojv 
tion of the resolution. 

Mr. COCKRELL. Yesterday morning when the resoliUion 
was up I called the attention of the members of the Committee 
on Finance, some of whom were not here, to this matter. 

I^Ir. Mcpherson, it has been, I think, understood by the 
chairman of the committee that the resolution could not be called 
up for consideration, as there is some difference of opinion iu 
the Finance Committee as to whether it has been reported to the 
Senate by the Finance Committee. 

Mr. lilORRILL. I have no objection to the resolution going 
over until Tuesday. 

The PRESIDENT pro temijorc. The resolution will be pas.-^ed 
over. 

jane shierry. 

Mr. HALE. If the Senator from Kansas desires this morning 
to address the Senate I shall not push the naval appropria'.i'.n 
bill, but at the conclusion of his remarks I shall ask the Senut j 
to proceed to the consideration of that bill. 

Mr. ALLISON. May I ask the indulgence of the Senator from 
Kansas one moment to' have a pension bill passed? I think it 
will take but a moment, and it is a case that is rather pressing. 
The old lady is paralyzed, and it is hoped that she will live long 
enough at least to have the pension granted . The bill has passed 
the o'ther House. I ask the Senate to consider House bill 724. 

The PRESIDENT jno tempore. The Senator from Iowa asks 
the unanimous consent of the Senate that it now consider the 
bill (H. R. 724) granting a pension to Jane Shierry. Is there ol> 
jection to the present consideration of the bill? 

Mr. COCKRELL. Let it be vevA. for information. 

The PRESIDENT 2^0 tempore. The bill will be read for infor- 
mation. 

The Chief Clerk read the bill, as follows: 

Se it enacted, etc.. That the Secretary of the Interior be. and he is hereby. 
authorized and directed to place on the pension roll, at the r.ate of $12 per 



1892. 



CONGRESSIONAL EECORD— SENATE. 



4279 



bill, H. R. 395, and praying for the passage of a general pure- 
food law — to the Committee on Agriculture. 

By Mr. WILSON of West Virginia: Petition of A. F. Allen- 
der and others, of Randolph County, W. Va. . against the passage 
of the Brosius lard bill and in favor of the Paddock i)ure-food 
bill — to the Committee on Agriculture. 

By Mr. WRIGHT: Resolutions of the First Baptist Church of 
Canton, Bradford County, Pa., against Sunday opening of the 
World's Fair and against the selling of liquors on the grounds 
of said E.xposition — to the Select Committee on the Columbian 
Exposition 

By Mr. YOUMANS: Petition of E. Williams and 26 others, 
Seventh-Day Adventists, of Bancroft, Shiawassee County, Mich., 
against the closing of the World's Fair on Sunday — to the Select 
Committee on the Columbian Exposition. 



SEIs^ATE. 
Monday, 31ay 16, 1S92. 

The VICE-PRESIDENT resumed the chair. 

DEATH OF SEN.\TOR B.-VRBOUR. 

The Chaplain, Rev. J. G. Butler, D. D., offered the following 
prayer: 

O God, Jehovah, we reverently draw nigh to Thee, v^orship- 
ing Thee, the only living and true God. Amid the mysteries of 
life and of death, the generations coming and going, we rejoice 
that Thy throne abideth. We bless Thee for the life and im- 
mortality brought to life in the Gospel. We thank Thee for Him 
who is the way, and the truth, and the life. 

As we stand among the dying and the dead, give us grace to 
walk in Christ, ever accepting His truth and imitating His life, 
having begotten in us, by Thy divine Spirit, that life which 
shall never end. 

Sanctify to us, we pray Thee, this bci-eavement. Remember 
very tenderly, thou God of all comfort, those who stand most 
nearly related to Thy departed servant. We thank Thee for 
every true and faithful life and for this life spared so long. 

We pray Thee, teach us to live wisely and well, ser\-ing God 
and our own generation, kee])ing our consciences right before 
Thee and toward each other, doing whatsoever our hands find 
to do with all our might faithfully and well, not knowing the 
day nor the hour wherein the Son of Man cometh, so that when- 
ever Thou Shalt come we may be prepared to give account to 
Thee, the judge of quick and dead. 

Hallow to us the day of God with all the blessed privileges 
that center in the holy Sabbath. Sanctify all the orderingiTot 
Thy providence unto us Thy servants this day. Have us in^Thy 
holy keeping, O Thou, in whom we live and move and have 
our being. If it please Thee, spare and prolong lite, and teach us 
60 to use life's blessed opportunity that when we shall come to the 
end we may enter into rest. Blot out our transgressions, and 
grant us grace and peace, in the name of Christ our Saviour. 
Amen. 

The Journal of the proceedings of Friday last was read and ap- 
proved. 
_ Mr. KENNA. Mr. President, in the absence, on account of 
sickness, of the Senator from Virginia [Mr. Daniel], it tecomes 
my painful duty to announce to the Senate the death of Hon. 
John S. Barbour, late a member of this body from that State. 

Apparently in the full and healthful possession of every nor- 
mal faculty, Mr. Barbour was among us on Friday in the active 
and zealous discharge of public duty. Even beyond the allotted 
time of threescore years and ten he crossed this threshold on Fri- 
day afternoon, seemingly in vigorous health, his last day's labor 
unconsciously performed. At 10 o'clock in the closing hours of 
that day he retired to his bedroom the embodiment and type 
and perfection, as far as human eye could see, of phvsical m'an- 
hood. On Saturday morning, at the age of seventy-one years and 
five months, at the hour of five and a half o'clock, with only a 
word of admonition to those who affectionately surrounded him 
at his house in this city, John S. Barbour passed away. 

Mr. President, in this second sudden visitation of Providence 
in the present session of the Senate we' recognize a power in 
whose inscrutable wisdom we were born to live, and in the pres- 
ence of whose unchallengeable majesty we are born to die. The 
death of Mr. Barbour is a great grief to his household, a calam- 
ity to his friends. It has come as a personal afiliction to his lat^ 
associates in the public service here. His State will exhibit in 
the bereavement of her people a realization of the full measure 
of her loss, and his country, by the observances in which the 
nations, by their accredited representatives, are soon, by your 
invitation, to take part, will acknowledge her sense and appreci- 
ation of this melancholy event.* 



And yet, Mr. President, spaakii;g' for myself and making frank 
expression of the inspiration of which this solemn occasion pos- 
sesses me, I have felt, as the associate and neighbor and friend 
of Mr. Barbour, that memories of his private virtues and public 
career, elevated and clean and noble as they wore, give back, at 
least in some degree, a compensation from the grave. They 
soften by the sweet influences which radiate from the conscious- 
ness of a life well spent the a.sporities of grief which nature is 
prone to indulge on occasions like this. This death is to my 
mind the gathering of ripened fruit, the garnering of the sheaf 
in the well rounded fullness of its golden maturity. 

John S. Barbour was in all the relations (jf this world an ele- 
vated character and an upright man. His sterling qualities of 
mind and heart bore practical fruit. His genius for alTairs made 
monuments in the business and public walks of men, as, in a 
narrower sphere, his h\imanity made gratitudes which will follow 
like angels, guarding him to the tomb. 

A\'hen the Senate, as is its custom, .shall have set apart a day 
to be devoted to the recounting of his manly virtues and the 
exhibition of the elements of his lofty character, it will bo seen 
of all that his traits were above those" of most of his fellow-men; 
that he was useful and valuable to his country and his country- 
men; that he practiced justice and fair dealing; that he was im- 
bued with a love of right; that he gave example worthv of emu- 
lation by youth as well as by age, and that he moved" and had 
his being, without ostentation or form, in the reverence and 
veneration of his God. 

Mr. President, I offer the resolutions which L send to the 

The VICE-PRESIDENT. The resolutions will be read. 
The Chief Clerk read the resolutions, as follows: 

Resolved. That the anuouuceineut of tlie sudden doath of Hon. John S. Bar- 
bour is received with profo;ind sorrow hy his associates in the Senate. 

Rfsolveii, That a committee of nine Senators be appointed by the Vice-Pres- 
ident to talte order, with a committee ot the House of Representatives, for 
the funeral of the late Senator Harbour: and as a mark of respect tor hi.s 
ineniory that his remains be removed from the Capitol to his late residence 
in Washington, and thence to Poplar Hill. Md., for interment in charge of the 
Scrgeant-at-Arras. and attended by said committee, who shall have power 
to carry this resolution Into effect. 

Eesoloed, That the Senate will at I o'cloclc to-day attend in its Chamber the 
exercises incideat to his funeral. 

Resolved. That the Secretary of the Senate communicate these proceedings 
to the House of Representatives and invite the Houso of Renresentatives to 
attend the funeral in the Senate Chamber at the horn- named. 



The resolutions were agreed to unanimously. 

The VICE-PRESIDENT. Under the second resolutionj-fe^ie 
committee on the part of the Senate to take order with the com 
mittee from the House of Representatives to accompany the re- 
mains of their late colleague to his final resting place, the Chair 
appoints the Senator from Virginia [Mr. D.\niel], the Senator 
from West Virginia [Mr. KennaI. the Senator from Maryland 
[Mr. Gorman], the Senator from J.Iississippi [Mr. Walthall], 
the Senator from Kentucky [Mr. Carlisle], the Senator from 
Nevada [Mr. Stewart], the Senator from Michigan [Mr. Mc- 
Millan], the Senator from Illinois [Mr. CuLLOM],and the Sen- 
ator from Minnesota [Mr. Washburn]. 

recess. 

Mr. KENNA. Mr. President, I ask the adoption of the reso- 
lution which I send to the desk. 

The resolution was read, as follows: 

Eeaolved. That the Senate do now take a recess tmtil 13:50 o'clock. 

The resolution was agreed to; and (at 12 o'clock and 15 minutes 
p. m.) the Senate took a recess until 12 o'clock and 50 minutes 
p. m., at which hour it reassembled. 

message from the house. 

A message from the House of Representatives by Mr. T. O. 
TovvLES, its Chief Clerk, announced that the House' had passed 
the following resolutions: 

Rfsolvel. That the House ot Representatives accept the invitation oi the 
Senate to attend the funeral services of the late Hon. John S. B&rbour, a 
Senator ot the United States from the State ot Vu-giuia, to be held in the 
Senate Chamber this day at 1 o'clock p. m. 

ResolcedJ'urlher. That the Clerk of the House be directed to Inform the 
Senate that the Speaker ot the House has appointed the following commit- 
tee, to act in conjtmction with the committee of the Senate, to make nece.s- 
sary arrangements and accompanv the remains to the place ot burial, viz: 
Mr. Meredith, Mr. Holm.\x. Mr. Wir.so.N of West VirRiuia, Mr. He.xdersox 
of North Carolina. Mr. He.mpiiill, Mr. Mutchler. Mr. Blount, Mr. Comp- 
TON. Mr. O'FerkalIa Mr. H.iRMEH. Mr. Payne, and Mr. Grout. 

FUNERAL OF SENATOR B.A.RBOUR. 

At five minutes before 1 o'clock the members of the House of 
Representatives, preceded by the Sergeant-at-Arms and Clerk 
and headed by the Sjieaker, entered the Senate Chamber. The 
Speaker was escorted to a seat at the right of the Vice-Presi- 
dent, the Clerk at the .Secretary's desk, and the Sergeant-at- 
Arms on the right of the Vice-President's desk, and the mem- 
bers of the House were escorted to the seats on the floor provided 
for them. 




4280 



CONGRESSIONAL EECORD— SENATE. 



May 16, 



Thev were soon followed by the Majoi-General Commanding 
the Armv, the Commissioners of the District of Columbia, the 
Chief Justice and associate justices of the Supreme Court of the 
United States, the members of the Cabinet, and the Diplomatic 
Corps, who were respectively escorted to the seats assigned them 
on the floor of the Senate Chamber. ,..*,, 

At 1 o'clock and 10 minutes p. m. the casket containing the 
remains of the deceased Senator was brought into the Senate 
Chamber, having been preceded by the family and friends of the 
deceased, and escorted by the Sergeant-atrArms of the Senate 
and the committee of arrangements of the two Houses and pall- 
bearers selected from the Capitol police, and followed by acolytes 
and Rt. Rev. John J. Keane, rector of the Catholic University 
of America, Rev. C. Gillespie, S. J., Rev.M. C. Dolan S^ J. 
Rev A. M. Mandalari, S. J., Rev. James Smith. S. J., Rev. Jacob 
Walter, Rev. James F. Mackin, Rev. John T Maney, Monsi^- 
nor I. Schroeder and Prof. Joseph Pohle, of the Catholic Uni- 
versity, and Rev. Aloysius Brosnan, S. J., master o ceremonies 

The prayers for the bui'ial of the dead, prescribed in the ntual ^ 
of the Catholic Church, were read by Rev. C. Gillespie, S._ J., 
rector of St. Aloysius Church, first in Latm and then in English, 
tlie responses being made by the attending clergymen. After 
the incinsing and btessing of the body,Rt. Rev. JOHN J. Keane 
delivered the following sermon: 

i-nrirrf t-nf lipfore the time, uutil the Lord come, who both wlU brin;; to 
light l\ehWden?hUi of darkness, and will make manifest the counsels ot 
the hearts, and then shall every man have his praise from God.-l Cor., iv, a. 
In the presence of the judgment of God, how must all human 
iudgment bow in adoring silence ! It is the lesson which the apos- 
tle of the Gentiles thus solemnly impressed on the Corinthians. 
It is the lesson which in this hour of mourning and of wist- 
ful gazing beyond the tomb he lovingly whispers to us. It is 
the IcssoS by which he over shaped his own life. In no spirit 
of contempt for his fellow-men, but in the profound conviction 
that man's judgment isof but small account when compared with 
the judgments of the Almighty, he exclaimed: " To me it is a 
very snTall matter how I am judged by you, or by human jiidg- 
ment: neither do I judge my own self. For I a,m not consciw.s 
of any wi-ong in myself; yet am I not hereby justified, but He 
that judgeth meistheLord.'' 

Could those white lips speak to us now, would they not, witli 
the awful eloquence of eternity, reJcho the wordsof the Apostle 
"Judge me," he would say. "ye friends and partners and witr 
nesses of my life, judge me, for it is your right: my life was not 
mv own but yours, and you have a right to pass sentence on it. 
Judo-e me. all ye whose interests were for so many years in- 
trusted to my keeping: honestly I strove to do my full duty to 
vou, buti own mv responsibility and your judgment is welcome. 
JudUme' O, my country, to whom the best energies of my life 
werS consecrated; thou knowest that I loved thee devotedly; 
that I strove to serve thee unselfishly, that beyond all the in- 
terests of family or friends or party thy welfare was the chief 
obiect of mv desires; to thee my life belonged and thou hast 
a ri-Tht to judge it. But. O, my country and my friends, highly 
thoi°gh I value your judgment, sorely though I would be grieved 
if ve found me worthy of your disapproval, sweet as will be to 
me the sentence of your approbation, the hope of which was 
ever a spur to my endeavors, yet what will all this avail rne m 
the eternity into which I now have entered, unless the judg- 
ment of Him who searchoth the reins and the hearts be also a 
judgment ot mercy and approval? O, pray for me, my friends, 
for the hand ot the Lord hath touched me." , ^ ^, ^ „. 

" Who hath known the mind of the Lord, or who hath been His 
counsellorV " Not oven the Church ot Christ pretends to lift the 
veil and declare thesentcnee of the Most High. For every child 
of God over whom her funeral rites are celebrated she has ever 
the «elf-same form ot humble and repentant supplication for 
mercy Even over those who have been highest in the ranks of 
her ministrv she utters the same cry for mercy, and whatever 
there is of added liturgy is only addition ot supplication because 
of their weightier responsibility. Knowing full well how truly 
the apostle says: " If we say that we have no sin we deceive otir- 
selves and the truth is not in us; " in the awful hour of death she 
discerneth not between layman and cleric, between the poor stray 
vheep that has got into the fold, as it were, at the last moment, 
and the faithful one that has stayed in it always; but over them 
all and in the name of all equally, she cries out to the Eternal 
Judo-e: "Have mercy on me, O God, according to Thy givat 
mercy , and according to Ihe multitude ot Thy tender mercies blot 
out my iniquity. B'or I know my iniquity and my sin is always 
before me." , , ,, i, * • 

She offers up that prayer tor mercy not only for them, but in 
their name. She prays for all men, without limit or e.xcoption, 
with a charity as catholic as her name, as limitless as the charity 
of Christ. But she can pray in the name only of those who have 
associated themselves with "her, who have become her members 



either in accomplished fact or in clearly declared intention ar|d 
desire. She prays this day not only for Senator Barbour, but in 
his name, because for years past he had identified his religiou3 
life entirely with her. She regards him as having been a cate- 
chumen, a candidate for baptism and for full membership in her 
communion, for such his words and acts plainly declared him to 
bo. And from the earliest days of the Church's history we see 
with what special tenderness she regarded her catechumens. 
History has preserved to us the discourse pronounced by the 
oreat St. Ambrose over the Emperor Valentinian, who was cut 
off by an untimely death ere yet he had joined the membership of 
the Church by receiving baptism. 

Grieve not — 

Says the saint — 



because he died without the sacrament of baptism. Tell me, is there any- 
thing on our part but the will, the desire? That grace he desired he asked 
tor; who then will say that having askedhe did not. Receive? Assuredly be- 
cause he asked the grace he received it. Pour fort h then, O Eternal Father- 
He continues — 
pour forth on this Thy servant the abundance ot the mercy and the grace 
which he so desired. As Thou has crowned Thy unbaptized martyrs with 
the baptism of their blood, so crown this Thy servant with thobaptl.-,m or 
his desire. And ye, O brethren- 
He e.xclaims to the people— 
uuite your supplications with mine; offer for his soul the holy my sterles; 
with pious affection let us pray for his repose; by the offering «' **« °e»^; 
enlv sacraments let us follow his soul with spiritual help. I scatter not 
flowers on his tomb, but 1 pour upon his soul the sweet Per'ume of ChrLst 
With this will I sanctify his remains; through this will I mvoke on him all 
heavenly grace. 

In very many words like these, all glowing with faith and 
charity, all laden with the sweetness of Christian hope, did thin 
o-reat father of the Church utter the feelings of his soul towarda 
his beloved catechumen. And well wo know that this wa,s no 
prompting of human respect, no sacrifice of Christian principle 
to the dignity ot the dead emperor. For it was that same Ambrose 
who m 't the Emperor Theodosius at the church door and di'ovo 
him from the consecrated threshold and from the communion of 
the faithful, because the blood of the people of Thessalonica waa 
on his hands. No, it was a duty which the great bishop knew 
that he owed to the catechumen whom death had so suddenly 
snatched away. And were he here to-day he would speak and 
act in like manner towards this our friend, who years ago declared 

his intention of becoming a member ot the old Church of Jesus 
Christ, who, when the dutiesot public life, which he then thought 
he had laid aside forever, again seized on him and absorbed him, 
though he temporarily delayed the final step, never retracted his 
expressed determination to take it, who all these years has spoken 
and acted as if he were already in full membership, and who, had 
time been given him at the last, would assuredly, as his family 
well knew, have asked for the grace and consolation of her sacred 

" What Ambrose did fifteen hundred years ago we, his succes- 
sors in the holv ministry, do to-day. And his eminence Cardi- 
nal Gibbons finding it impossible to fulfill this sad duty himseit, 
triad am I that to me should tall the honor ot filling his place; 
for duriuo- the eleven years that Richmond was my home and 
Viro-inia the field of my episcopal labors I shared in the prido 
that every Virginian felt at having for the representative of the 
proud old State in the national Congress so honorable, so high- 
toned, so spotless a man as John S. Barbour. When, about 
six years ago, shortly after the untimely death ot his saintly and 
b -loved wife he gave me to understand that soon we would bs 
feUow Catholics, I rejoiced that the luster which his civic vir- 
tues reflected on his State and the honor which his publiccareer 
did to his whole country was likewise to be shared in by the old 
church of all the ages, the mother ot saints and heroes and 
sturdy upright men and women in every age and clime and con- 
dition of human life. Their lives are a testimony to her which 
she values highly because ot its utility to their fellow-men. 

In this ao-e of intense activity, when absorption in temporal 
pursuits so'often makes men unmindful ot their eternal interests: 
when the hard-wrought children ot men are so prone to think 
that fidelity to the business ot this life renders it impossible to 
b- busy about the life to come; when Ctesar's claims are so im- 
perious and so all-pervasive that the representative ot the spir- 
itual order is apt to be considered, as her Divine Founder was, 
an intruder, a usurper, a disturber ot the public peace-m such 
an ac^e that man is a benefactor to his race who by the example 
of hfs lite gives practical proof that it is possible and easy to be 
at the same time an energetic business man and yet a man of 
prayer, to be an active politician and yet a conscientiously re- 
lio-iousman,to be a clear-sighted American statesman and yet a 
finn believer in the old Catholic Church ot Jesus Christ. 

Soon this Senate Chamber will resound with eloquent tributes 
to the admirable character and the eminent public services ol 
this good and noble man. Would that the sound of those eulo- 
gies might reach so far and sink so deep into the heart of the 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



4281 



nation that all his fellow-citizens might thereby bo spurred to 
emulate his civic virtues. Would that the moral of his life 
might inspire good men everywhere with a better appreciation 
of their duty to their country, with a firm resolve that no pri- 
vate considerations should hinder them from taking their full 
pan in safeguarding the public interests, instead of leaving them 
to the mercy of selfishness and greed. Would that, before this 
example of clean-handed public service, venality and corruption 
might cower in shame and disappear from the sanctuary of our 
country's liberties forever. Would that, at the sight of this 
union of American statesmanship with Catholic faith, the out- 
cry of religious animosity, so out of place in this land of civil 
and religious liberty, might forever be hushed. And, oh, would 
that, above all, the silent eloquence of this impressive spectacle 
might indelibly imprint on the mind of our country and on the 
minds of all her public men that lesson so solemnly taught us by 
Washington in his Farewell Address, that the absolutely indis- 
pensable foundation and props of national prosperity must bo 
morality and religion. 

Grant, O Heavenly Father, that such may be the beneficent 
fruit of the life and the death of this good man. From his ex- 
ample may there go forth an influence to purify and to elevate 
the life of his people. May his country, which so lovingly hon- 
ors his memory and so sincerely deplores his loss, reap profit 
from the practical lesson which his death bequeaths to all her 
citizens. May his testimony to the faith of our Lord JesusChrist 
strengthen that faith in the souls of us all and make it invulner- 
able against the attacks of unbelief. And as Thy holy Pontiff, 
St. Ambrose, prayed for the soul of his beloved catechumen, so do 
■we implore thee, O Father of Mercies and God of all consolation, 
to deal in sweetest mercy and love with the soul of this Thy serv- 
ant. Eternal rest grant unto him, O Lord, and let perpetual 
light shine upon him. May he rest in peace. Amen. 

The VICE-PRESIDENT. The committee of arrangements 
will escort the remains of the deceased Senator from the Cham- 
ber, and after the guests of the Senate have retired the Senate 
will accompany the body to the residence of the late Senator 
Bai'bour, returning to the Chamber for further duty. 

The casket was borne from the Chamber, and the Senate, as a 
body, the invited guests, and the clergymen attended the re- 
mains. 

At 2 o'clock and 10 minutes p. m. the Senate returned to its 
Chamber, and the Vice-President resumed the chair. 

Mr. MANDERSON. I move that the Senate do now adjourn. 

The motion was agreed to; and (at 2 o'clock and 11 minutes p. 
m.) the Senate adjourned until to-morrow, Tuesday, May 17, 
1892, at 12 o'clock meridian. 



HOUSE OF EEPEESENTATIVES. 
Monday, May 16, 1892. 

The House met at 12 o'clock m. Prayer by the Chaplain, Rev 
W. H. MILBURN, D. D. 

The Journal of the proceedings of Saturday last was read and 
approved. 

DEFICIENCIES IN APPROPRIATIONS FOR THE DISTRICT OF CO- 
LUMBIA. 

The SPEAKER laid before the House a letter from the Act- 
ing Secretary of the Treasury, transmitting supplemental esti- 
mates of deficiencies in appropriations for the District of Columbia 
submitted by the Commissioners; which, with the accompanying 
papers, was referred to the Committee on Appropriations, and 
ordered to be printed. 

ENGLISH SCHOONER WANDRIAN. 

The SPEAKER also laid before the House a letter from the 
Acting Secretary of the Treasury, transmitting a communication 
from the Secretary of the Navy, with its inclosuros, asking for 
an appropriation to enable that Department to adjust a claim for 
damages to the English schooner Wandi-ian, caused by a colli- 
sion with the United States steamship Monongahela; which, 
with the accompanying papers, was referred to the Committee 
on Appropriations, and ordered to be printed. 

WHITE EARTH AGENCY, MINNESOTA. 

The SPEAKER also laid before the House a letter from the 
Acting Secretary of the Interior, transmitting a copy of a com- 
munication from the Commissionei- of Indian Affairs relative to 
allotments to the Indians of the White Earth Agency, Minnesota; 
which, with accompanying papers, was referred to the Commit^ 
tee on Indian Affairs, and ordered to be printed. 



VESSEL TWO SISTERS. 
The SPEAKER also laid before the House a communication 
from the acting clerk of the Court of Claims, transmitting a 
copy of the findings of the court in the French spoliation claims 
arising out of the seizure of the vessel Two Sisters; which, with 
accompanying papers, was referred to the Committee on Claims, 
and ordered to be printed. 

DEATH OF HON. JOHN. S. BARBOUR. 

The SPEAKER laid before the House the following letter 
from the Vice-President of the United States: 

Vice-President's Chamber, 

Washington, May 14, 1693. 
Sm: It is my sad duty to .innoimce the sudden death to-day of Hon. John 
S. Barbour, late a Senator from the State of Virginia. 

The funeral services will be held in the Senate Chamber at 1 o'clock p. m, 
Mcinilay, M.ay 16, 1892. 

On behalf of the Senate, I beg to extend to you and through you to the 
House of Representatives an invitation to attend the.se serrtce.s. 

A committee of five Senators will be appointed to act with such commit- 
tee as is appointed from the House of Representativc-i to accompany the re- 
mains to the place of bm-ial. 

I have the honor to be, sir, your obedient servant, 

LEVI P, MORTON. 
The Hon. Charles F. Crisp, 

Speaker of the House of Representatives. 

The SPEAKER. The Chair is informed that the resolutions 
giving the action of the Senate on that subject will como over 
ill a few moments. The gentleman from Indiana [Mr. Martin] 
desires to present a conference report. 

OBE SUTHERLAND. 

Mr. MARTIN. Mr. Speaker, I present a conference report 
on the bill (S. l.'170)to provide for a pension for Obe Sutherland, 
late a teamster in the Quartermaster's Department of the United 
States Volunteer Army. • 

The reportof the committee of conference was read, as follows: 

The committee of conference on the disagreeing votes of the two Houses 
on the ameudiueut of the House of Representatives to the bill (S. 1379) to 
provide for a pension for ObeSutherlan I. late a teamster of the Quartermas- 
ter's Department of the United .States Volunteer Army, ha^-lng met, after 
full and free conference have agreed to recommend and do recommend to 
their respective Houses as follows: 

That the Senate recede from Its disagreement to the amendment of the 
House, and agree to the same with an amendment as follows: In lieu of the 
amount proposed to be inserted, Insert "thirty-five; " and the House agree 
to the same. 

A, N. martin, 
H. W, SNOW, 
Managers on the pari of the House. 
G. G. VEST, 
GEO, L. SHOUP, 
Managers on thepart of the Senate. 

The SPEAKER. The Clerk will read the statement. 

Mr. MARTIN. There is nothing further than the report. 

The SPEAKER. The rule requires a statement of the man- 
agers on the part of the House to accompany the conference re- 
port. 

Mr. MARTIN. With tlie permission of the Chair I will with- 
draw the conference report. 

The SPEAKER. If there bo no objection, the gentleman can 
make an oral statement. The rule requires a statement in writ- 
ing, explaining the effect of the agreement reached by the com- 
mittee of conference. 

Mr. MARTIN. Mr. Speaker, the bill as it originally passed 
the Senate was for the allowance of a pension at the rate of $50 
per month. When the bill came to the House, the Committee 
of the Whole adopted an amendment by which the amount was 
reduced to $20. When the bill was returned to the Senate, that 
body refused to agree to the amendment of the House, and in- 
sisted on the rati of $5u a month. A committee of conference 
on behalf of the Senate met a like committee on behalf of the 
House and agreed to the amount of $35 in place of $50 as asked 
by the Senate and $20 as alopted by the House; and to that, Mr. 
Speaker, we ask the concurrence of the House. 

The report of the committee of conference was agreed to. 

On motion of Mr. MARTIN, a motion to reconsider the vote 
by which the report of the committee of conference was agreed 
to was laid on the table. 

MILITARY academy BILL. 

Mr. WHEELER of Alabama. Mr. Speaker, I ask to have the 
report of the committee of conference on the bill (H. R. 4():i0) 
making appropriations for the Military Academy printed in the 
Record, together with the statement.' 

The SPEAKER. Without desiring to call it up to-day? 

Mr. WHEELER of Alabama. Without desiring to call it up 
to-day. 

The SPEAKER. Without objection that order will be made. 

There was no objection, and it was so ordered. 



4282 



OONGEESSIONAL RECORD— HOUSE. 



May 16, 



The report of the committeo of conference is as follows: 

The committee of conference on the dlsagreeinpr votes of the two Hotises 
on the amendments of the Senate to the blli (H. K. 4636) maklUK appropria- 
tions for tlio support of the Military Academy tor the fiscal year ending June 
SO, 1S93, having met, after full and tree conference have agreed to recommend 
and do recommend to their respective Houses as follows: 

That the Senate recede from Its amendments numbered 3, i, 5, 28, 29, 30, 33, 
34, and 40. 

That the House recede from its disagreement to the amendments of the 
Senatonnniberedl.2, 8, 9, 10, II, 13, 13, 14, 15, 16, 17, 18, 19,20,21,33,23,24,35,26, 
27, 31, 35, 36, 39, 41, 42, 43, 44, and 45 and agree to the same. 

Amendments numbered 6 and 7: TTiat the House recede from its disagree- 
ment to the amendments of the Senate numbered 6 and 7, and agree to the 
same with an amendment as follows: Strike out the amended paragraph 
and insert in lieu thereof the following : " For oUe clerk to the adjutant, $1,000 ; " 
and the Senate agi'ee to the same. 

Amendment numbered 33: That the House recede from its disagreement 
to the amendment of the Senate numbered 32, and agree to the same with an 
amendment as follows: In lieu of the same jjroposed. Insert "$15,120;" and 
the .Senate agree to the same. 

Amendment numbered 37: That the House recede from its disagreement 
to the amendment of the Senate numbered 37, and agree to the same with an 
am-'ndment as follows: In lieu of the sum proposed in the amended para- 
gr.aph Insert "$1,000; " and the Senate agree to the same. 

Amendment numbered 38: That the House recede from its disagreement 
to the amendment of the Senate numbered 38. and agree to the same with an 
amendment as follows: In lieu of the sum proiJosed insert "*250; " and the 
Senate agree to the same. 

JOS. WHEELEE, 
WALTER C. NEWBERRY, 
J. A. T. HULL, 
JIanagfrs on the part of the House. 

S. M, CULLOM, 
WM. M. STEWART. 
WILKINSON CALL, 
Managers on the part of the Senate. 

The statement is as follows: 

The mana2;ers on the part of the Hotise of the conference on the disagreeing 
votes of the two Houses on the bill (H.R. 4636) making appropriations for 
the support of the Military Academy tor the fiscal year ending June 30, 1893, 
submit the following written statement in explanation of the effect of the 
action agreed upon aiftl recommended by the conference committee, namely : 

Amendments ntimbered 1, 2, 8, 9, 10, 11, 13, 14, 13, 16, 18, 19, 20,21, 23, 3.5 are 
simplv verljal amendments, or amendments in punctuation. 

Amendment numbered 3 appropriates 11,200 for clerk to the disbursing 
offlcer and quartermaster. Instead of $1,500 as proposed by the Senate. 

Amendment number 4 appropriates $1,200 for clerk to adjutant In charge 
of cadet records Instead of $l,50u as proposed by the Senate. 

Amendment uumbered 5 appropriates Sl,:200 for clerk to treasurer instead 
of S1.5U0 as proposed bv the Senate, 

Amendm-nts numbered 6 and 7: Appropriate $1,000 for one clerk to the 
adjutant Instead of $2,400 for a clerk to the adjutant and a clerk to the 
quartermaster as propose! by the Senate. 

Amendment numl;ered 8: Simply changes a total. 

Amendment numbered 12: Simply changes atotal. 

Amendment numbered 17: Simply changes a tolal. 

Amendment numbered 23: Changes the appropriation tor a rifle-caliber 
gtin FO as to admit limitation as to the ammunition to be tised. 

Amendment numbered 23: Is the incorporation of a total. 

Amendment numbered 26: Reduces the appropriation Cif an enlisted man 
employed as watchman from $159.60 to $1:27.75. 

Amendment numbered 27: Increases the appropriation for gas, coal, oil, 
caudles, lanterns, matches, chimneys, andwicklng forli'.,'hting the Academy, 
chapel, libraiT, cadet barracks, m"?shall, shops, hospital, otSces. stables, 
and ridlug hall, sidewalks, camps, and wharven from $4,000 to K.OOO. 

Amendment numbered 28: Appropriates $1,200 for pay of engineer of heat- 
lug and ventilating apparatus instead of $1,500 as proposed by the Senate. 

Amendments numbered 29 and 30: Appropriates $3,000 for ijay of five fire- 
men instead of $3,600 for pay of six firemen as projiojed by the Senate. 

Amendment ntimbered 31 : Limits the period for which a landscape gar- 
dener may be employed. 

Amendmeutnumbered 32: Changes a total to $15,120 Instead of $16,020 as 
proposed bv the Senate. 

Amendments numbered 33 and 34: Appropriate $800 for pay of superin- 
tendent of gas works instead of $1,500 as proposed by the Senate. 

Amendment ntuubered 36: Strikes out an appropriation of $908 tor addi- 
tions and improvements to organ in cadet chapel. 

Amendment numbered 37: Appropriates $1,000 for broken stone and gravel 
for roads instead of $3,000 as proposed by the Senate. 

Amendment mrmbered 38: Appropriates $250 for maintaining and improv- 
ing the grounds of the post cemetery Instead of $500 as proposed by the Sen- 

AJnendment numbered 39; Strikes out the words "upon approval of this 

Amendment numbered 40: Strikes out an appropriation of $760 proposed 
by the Senate for renewing woodw'ork in bathrooms. 

Amendment numbered 41 : Strikes out an appropriation of $1,200 for calcl- 
mining ceilings In cadet rooms. 

Amendmeutnumbered 42: Strikes out an appropriation of $9,540 for electric- 
light plant for lighting cadet barracks. 

Amendment numbered 43: Appropriates $48,250 for enlarging and increas- 
ing gas plant, and tor placing a two-light pendant with slide light in each 
cadet room. 

Amendment numbered 44 : Striltes out an appropriation of $2,000 for asphalt 
road and walk in fmut of and around now gymnasium. 

Amendment numbered 45: Appropriates $1,000 for equipment of new gym- 
nasium iustead of $3,476 as proposed in the original bill. 

The principal increase in the bill by the Senate Is the sum of $18,250 for 
enlavgmg and Increasing the gas jilant. The conferees have given this mat- 
ter careful consideration and find that this appropriation Is absolutely es- 
sential to the welfare of the academy. 

The toUoNilng is from the last report of Col. J. M. Wilson, of the Corps of 
Engineers, the present superintendent of the Military Academy: 

"EXTENSION OF GAS PLANT AND METHOD OP LIGHTrNG CADET BARUACICS. 

"During past years great complaint has been made of the character of 
light furnished cadets for studying at night, and in my last annual report I 
submitted a plan and estimate tor a complete electric light and power plaut 
tor this post. 

"This plan did not meet with favorable consideration and no action was 
takeu. upon my recommendation. 



"During the past year the post surgeon has recommended the use of 
glasses tor studying In a number of cases of cadets, and at the medical ex- 
amination of the KTaduattng class In June the surgeons informed me that the 
eyes of nearly every graditate were more or less congested ; ulneleeu of the 
youug gentlemen failed to come up to the requirements of the War Depart- 
ment as to \-ision, and six failed to read the test type at three-fourths of 
the required distance. In every Instance the young gentlemen claimed that 
the difficulty had commenced siuce they entered the Military Academy. 

"The gas furnished tor the use of the iiost is reported by the professor of 
chemistry, who tests It frequently, as of excellent quality. Owing to some 
bad coal furnished by the contractor it contained more or le.ss sulphur on 
two or three occasions duriug the year. 

"The gas jot usedlQ ban-acks Is what is known as the bat-wlnz burner, 
placed upon an arm 10 inches long iirojccting directly from the side wall of 
the room and over the table, Twocadets, one oneach side of thetable, study 
by this light, which not only is of insufficient power, but gives out so much 
heat near the head of the siudent as to be exceedingly uncomfortable. 

" In order tq furnish a better light I propose to Increase the gas plant suiB- 
clently to furnish a full supply for all buildings on the post, and to place in 
every room in barracks a jjlain Iron chandelier with two arms and a slide 
drop light. This chandelier will be In the center of the ceiling, Immediately 
over the table, so that the cadets can study without difftcttlty. 

"An estimate of &18,000 is submittel for the purpose of carrying out this 
plan, and I earnestly urge that an appropriation l>e made for this very im- 
l)ortant and, I tnay say, almost absolutely necessary improvement." 

An officer of the medical department made an inspection of the gas works 
at West Point. An extract from his report, now on file in the War Depart- 
ment, says: 

' ■ The light now In general iLse in the cadet barracks is the gas flame or jet 
supplied by what Is Imown as the 'beacon-light.' 'bat-wing burner.' This 
burner consists essentially In a short horizontal tube terminating at each 
end in a small vertical tube from which the g;is is fed. Attached to the cen- 
ter of the horizontal piece is a longer vertical ttibe. which seems to have been 
designed to act in some way as a pressm'e regulator. A short nipple beneath 
the horizontal piece (apiJearing as a prolongation downward of the vertical 
tube) is screwed for attachment to the gas pii)e, the whole arrangement hav- 
ing the appearance of an inverted cross, with the extremities of the horizon- 
tal arm bent tip, and provided with the narrow openings or slits for the exit 
of the gas. It is seen, therefore, that It is a double jet. This constitutes the 
entire illumination for each room. There is no sjiecial feature about this 
burner, except the central vertical pipe, which as above stated, is probably 
intended to regulate the pressure of the gas a.^ it is supplied to the burners. 

" There is no arrangement for regulating the flowof gas except the key on the 
common supply pipe, by which the fiame' ma.v be turned down or out. This 
(double) bui'ner is provided with a white glass shade, ha\'lng the shape of a 
truncated cone, the diameters of top and bottom being 5 Inches and 10 inches. 
The shade is suspended over the two flames by means of a wire frame. Into 
which the upi^er or small rim of the shade is fastened. The frame is attached 
to the top of the vertical pipe or stem, already described as the special fea- 
ture of the burner. 

"The general character and defects of the light produced by this burner 
maybe briefly stated as follows: (1) Good illuminatmg power; the light is 
indeed, unless suitably modified by distance and proper shading, much too 
bright for the eyes : (2) unsteadiness (flickering) : (3) variability of intensity: 
(4) high degree'of heat; and (5), as a necessary result of the combustion of 
the gas, a large and rapid production of carbonic acid In the apartment." 

This matter of the Increase there of eye diseases has been one that has 
challenged the attention of every Board of Visitors for many years. The 
Board of ^'isito^3 in the j'ear 1889 called attention to the matter, and say in 
their report: 

" The eyes of whole generations of officers of the Army are concerned in 
this vital issue. A student's eyes are not replaceable like his boots, or Inter- 
changeable like anotflcer's weapons. The long iierlods of dtirknessln winter 
in our latitude compel prolonged study, and the priceless sight, which Is 
tested so carefully when the cadet enters the Academy, is apt to be injured 
through want of better illumination purchasable by a few dollars from the 
Government, which so recently ordered the ocular tests." 

The Board also say: 

"Complalutsof soreness of ej'es are made by about a dozen cadets every 
three months. Out of an average of 285 cadets '38 with eye affections con- 
sulted the post surgeon with regard to them during the three months ending 
January 31. 1887." 

Since the bill was before the House the conferees have made some Investi- 
gation and find that while electric lights are excellent for illumination, their 
adaptability for close study by students is seriously questioned, and this is 
more particularly the case when the students are young boys who have not 
reached maturity, and particularly is this the case in small plants, .such as 
w^as proposed by" the House for lighting the cadet barracks. 

The conferees find that the Senate has inquired into this matter. 

A letter addressed to the chairman of the Committee on Appropriations of 
the Senate by the Secretar)^ of War is as follows: 

"Wab DEPARTMENT. Washington, March fl, I5!)3. 

" Sm : In response to your telegram of the 7th instant, requesting to be in- 
formed whether It is desirable to enlarge the gas plant or establish an 
electric-light plant for lighting the Military Academy buildings at West 
Point, N. Y., I have the honor to Invite your attention to the Inclosed copy 
of a telegram, dated the 8lh Instant, from the superintendent of the Mili- 
tary Academy on the subject. 
'' Very respectfully, 

'S.B.ELKtNS, Secretaryof Tl'; 

"The Chairman of the Committee on Appropriations, 

" United States Senate. ' ' 

The telegram from CoL Wilson referred to in the Secretary's letter is as fol- 
lows: 

"[Telegram.] 

"Headqctartehs United States Military Academy. 

"West Point. .V I", March s, lS9i. 
"ADJUTANT -General United States Army, 

"Washington, D. C: 

"In my annual report tor IS.*) I recommended an electric light and power 
plant at first cost of about $69,000 and annual cost of $1 1,000 for operating. As 
this did not meet with ap-proval of War Department. I submitted in 189! an 
estimate of $48, '350 tor enlai-ging gas plant and placing cheap chandelier- m 
cadet barracks. 

"The item of $9,4.50 In Military Academy bill for electric light, based ujuju, 
Lieut. Anderson's plan, submitted before I came here, is entirely too small; 
the plant recommended by him would cost about $13,000, and the annual cost 
of running it would be $3,400. 

"Further study of the subject leads me to prefer gas to electric light for 
study, except where the plant is Immense and the power controlled from a 
large central station, as in large cities, and I therefore recommended that 
the gas plant be enlarged and cheap chandeliers Introduced into barracks at 
cost of $48,350, 



1892. 



CONGRESSIONAL EECOED— SENATE. 



4307 



Iilr. HALE presented a petition of tlio First Congreg-ational 
Cliurcli of Calais, Me. , and a petit ion of the Congregational Church 
of Andover, Me., praying for the closing of the World's Colum- 
bian Exposition on Sunday and that the sale of intoxicating liquors 
be prohibited thereat; which wore referred to the Committee on 
the Quadro-Centennial (Select). 

Mr. TELLER presented a petition of the United Presbyterian 
Church of (ireeley, Colo., praying tor the closing of the World's 
Columbian Exposition on Sunday: which was referred to the 
Committee on the Quadro-Centennial (Select). 

Mr. MORGAN. I present the petition of A. E. Redstone and 
a number of other gentlemen, of the District of Columbia, pray- 
ing Congress to pass Senate bill 1204, to pi'ovidc the Government 
with means sufficient to supply the national want of a sound cir- 
culating medium, introduced by the honorable Senator from Cal- 
ifornia [Mr. Stanford]. I move that the petition be referred 
to the Committee on Finance. 

The motion was agreed to. 

Mr. VILAS pr^sonted a memorial of Knapp, Stout & Co. and 
Other business men of Menomonie, Wis., remonstrating against 
the passage of the bill (H. R. 4843) to limit the sale of oleomarga- 
rine between the several States; which was referred to the Com- 
mittee on Agricultui-e and Forestry. 

He also presented a petition of the Wisconsin State Medical 
Society, praying for the passage of the Sherman bill to provide 
for the appointment of a public health officer to be a member of 
the Cabinet; which was referred to the Committee on Epidemic 
Diseases. 

He also presented memorials of the Seventh-Day Adventist 
churches of Prescott, Maiden Rock, and Antigo, all in the State 
of Wisconsin, remonstrating against the passage of legislation 
by Congress closing the World's Columbian Exposition on Sun- 
day, and committing the Government to a course of religions 
legislation; which were referred to the Committee on the Quadro- 
Centennial (Select). 

'Mr. TURPIE presented a memorial of the Seventh-Day Ad- 
ventists Church, of Eagleton, Ind., remonstrating against the 
passage of any legislation by Congress closing the World's Co- 
lumbian Exposition on Sunday, and committing the Government 
to a course of religious legislation; which was referred to the 
Committee on the Quadro-Centennial (Select). 

He also presented petitions of the Methodist Episcopal 
Churches of Remington, Madison, Rensselaer, and Logansport; 
Of the Baptist Church of Mishawaka: and of the Augusta Church 
of Augusta, all in the State of Indiana, praying for the closing 
of the World's Columbian Exp'jsition on Sunday and the prohi- 
bition of the sale of intoxicating liquors thereat: which were re- 
ferred to the Committee on the Quadro-Centennial (Select). 

Mr. HISCOCK presented a petition of the Presbyterian Church 
Of Barre Center, N.Y., praying that the World's Columbian Ex- 
position be closed on Sunday and that the sale of intoxicating 
liqr.oi's be prohibited thereat; which was referred to the Com- 
mittee on the Quadro-Centennial (Select). 

Uv. MANDERSOX presented tho memorial of A. Williams 
and 20 other citizens of Mira Creek, Ncbr.: the memorial of 
Hoseal. Cox and 7 other citizens of Hitchcock, Nebr.; the me- 
morial of .7. P. Latt-rence and 21 other citizens of Riverdale, 
Ncbr., and the memorial of H. A. Lohman and oth'^r citizens of 
Hamilton County, Nebr., remonstrating against tlie commitment 
of the Government to a union of religion and tho state by tho 
passage of any legislation closing the World's Columbian Exj)©- 
sition on Sunday, or in any other way committing the Govern- 
ment to a course of religious legislation: which wjro referred to 
the Committee on the Quadro-Centennial (Select). 

He als .1 presjnted petitions of the Methodist Episcopal Church 
of Holdrege; the Methodist Episcopal Church of Cedar Rapids; 
the Jilethodist Episcopal Church of Oakdale: the Methodist 
Episcopal Church of Scotia; the Pres'oytorian Church of Willow- 
dal .■; the Presbyterian Church of Millerboro; the Presbyterian 
Church of Central City; the Methodist Episcopal Church of 
Kennard: the Parks United Presbyterian Church of Parks, and 
tho Emmanuel Methodist Episcopal Church of Lincoln, all in the 
State of Nebraska, praying for the closing of tho World's Co- 
lumbian Exposition on Sunday, and that the sale of intoxicating 
liquors hi prohibited thereat; which were referred to the Com- 
mittee on the Quadro-Centannial (Select). 

Mr. PERKINS presented petitions of the Presbyterian 
churches of Waverly, Conway Springs, Peotone, Clinton, Law- 
rence, Topeka, Eldorado, Axtell, Chetopa, and Wichita; of the 
Methodist Episcopal churches of Waverlv, Udall, Chetopa, Ash- 
lafid, Ottawa, and Richland, all in the State of Kansas, pi-ayin" 
for the closing of the World's Columbian Exposition on Sunday 
and that the sale of intoxicating liquors be prohibited thereat; 
which were referred to the Committee on the Quadro-Centen- 
nial (Select). 

He also presented a petition of Federation of Labor Unions of 



Washington, D, C; a petition of tho Central Trades and Labor 
Union of Wyandotte County and Kansas City, Ivans.; a petition 
of the Leavenworth Typographical Union No. 4.5, of Leaven- 
vrorth, Kans., and a petition of the Sunflower Typographical 
Union No. 157, of Kansas City, Kans., praying for the passage 
of House bill 2.57, constituting eight hours a day's work; which 
were referred to the Committee on Education and Labor. 

Mr. WOLCOTT presented tho memorial of P. C. Castle and 
other citizens of Delta, Colo., remonstrating against Congress 
committing the United States Gavcrnment to a union of religion 
and the state by tho passage of any logislaticm closing tho World's 
Columbian Exposition on Sunday or in any other way committing 
tho Government to a course of religious legislation: which was 
referred to the Committee on the Qualro-Contennial (Select). 

Mr. ALLEN prc3ant->d a petition of citizens of Lincoln County, 
Wash., praying for the passage of tho Washburn- Hatch anti- 
option bills; which was referred to the Committee on tho Judi- 
ciary. 

He also presented a petition of tha First Presbyterian Church 
of Fairhavon, Wash., praying for tlie closing of the World's Co- 
lumbian Exposition on Sunday, and that the sale of intoxicating 
liq\iors be prohibited thereat: which was referred to tho Com- 
mittee on the Quadro-Centennial (Select). 

Ho also presented the memorial of Mrs. Fannie Winter and 
other members of tho Seventh-Day Adventist Church of Orting, 
Wash., and the memorial of L. M. Ljvo and sundry other citi- 
zens of Washington, remonstrating against Congress committing 
the United States Government to a union of religion and tho 
state by the passage of any legislation closing the World's Colum- 
bian Exposition on Sunday, or in any other way committing tho 
Government to a course of religious legislation; which were re- 
ferred to tho Committee on the Quadro-Centennial (Select). 

Mr. ALDRICH presented a petition of citizens of East Provi- 
dence, R. I., praying for the passage of Senate bill 254, for the 
free delivery of rural mails; which was referred to the Com- 
mittee on Post-OfRces and Post-Roads. 

REPORTS OP COMMITTEES. 

I\Ir. BERRY, from the Committee on Public Lands, to whom 
was referred the bill (H. R. 7688) to grant lot No. 1 in block No. 
72, of the Hot Springs Reservation to the school district of the 
city of Hot Springs for school purjxises, reported it without 
amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 2804) to grant lot No. 1 in block No. 72 of the Hot Springs 
Reservation to school district of the city of Hot Springs for 
school purposes, reported adversely thereon; and the bill was 
postponed indefinitely. 

Mr. DA"VIS, from the Committee on Pensions, to whom was 
referred the bill (S. 2118) restoring the name of Ellen De Witt 
Hatch to tho pension rolls of the United Statfs, i-eported it with- 
out amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 290) granting an increase of jienslon to John S. Hall, re- 
ported it with an amendment, and submitted a report thereon. - 

Mr. DOLPH, from tho Committee on Public Lands, to whom 
was referred the bill (S. 2989) granting the use of certain lands 
in the Hot Springs reservation, in the State of Arkansas, to the 
Barry Hospital, reported adversely thereon, and tho bill was 
postponed indefinitely. 

He also, from the same committee, to whom was referred the 
bill (S. 2998) for the relief of settlers upon certain lands in the 
States of North Dakota and South Dakota, reported adversely 
thereon, and the bill was postponed indefinitely 

He also, from the same committee, to whom tlio subject was re- 
ferred, submitted a report, accompanied by a bill (S. 31.34) for 
the relief of settlers upon certain lands in Iho States of North 
Dakota and South Dakota: which was read twice by its title. 

Mr. SANDERS, from the Committee on Publ'ic Lands, to 
whom was referred the bill(S.3071)reservingea33mentsforcom- 
mon highways in the arid States and Territories; reported it 
with amendments. 

Mr. ALLEN, from the Committee on Public Lands, to whom 
was referred tho bill (S. 2417) relating to lands in Colorado lately 
occupied by the Uncompahgre and White River Ute Indians, 
reported it with amendments. 

Mr. ALLEN. I am also instructed by the Committee on Pub- 
lic Lands to report a proposed amendment to the bill (H. R. 7520) 
making appropriations for sundry civil expenses of the Govern- 
ment for the fiscal year ending June 30, 1>!!)3, and for other pur- 
poses, seeking an increase in the appropriation for tho survey 
of public lands of $000,001). I move the reference of the proposed 
amendment to tho Committee on Api)ropriations. 

The motion was agreed to. 

Mr. WILSON. By direction of the Committee on the Judi- 
ciary I report back adversely tho bill (H. R. 7519) to authorize the 



4308 



CONGRESSIONAL RECORD— SENATE. 



May 17, 



appointment of clerks of the United States circuit and district 
courts of Mississippi City, in the State of Mississippi. I wish to 
state in c mnection with this report that the Senator from Mis- 
sissippi [Mr. Gkorge] does not couour in the report but has 
requested me to have the bill placed upon the Calendar. There- 
fore I report it adversely, and ask that it be placed on the Cal- 
endar. , ^, -, , 

The VICE-PRESIDENT. The bill will ba placod on the Cal- 
endar with the adversj report of the cjmmittce. 

Mr. WILSON, from the Committee on tho.ludiciary, to whom 
lifcilirinri 1 -frlTTi- 1 the bill (S. :!011) to am^end "An act to define the 
■^ juiisdiction of the police court of the District of Columbia, ap- 

proved March 3, IS'Jl, reported it with amendments. 

Mr. SAWYER, from the Committee on Pensions, to whom 
were referred the following- bills, reported them severally with- 
out amendment, and submitted reports theron: 

A bill (H. R. 1738) to pension Mrs. Adelia S. Ferris; 

A bill (S. 3060) grantinpr a pension to Isabella W. Newkirk; 

A bill (S. .30(il) to pension Edith S. Read; and 

A bill (H. R. 3587) for the relief of Jonathan Ramey, Mexican 
war veteran. 

Mr. SAWYER, from theCommitteeonPensions, to whom was 
referred the bill (S. 178G) granting a pension to Mrs. Jennie 
Gray, report'jd it with an amendment, and submitted a report 
thereon. 

He also, from the same committee, to whom were referred the 

following bills, submitted adverse reports thereon, which were 

agreed to; and the bills were postponed indelinitely: 

"^nhif^ ""i bill-gr 1748) granting a pension to Mrs. Janet L. P. Taylor; 

^iiiiw ii ^^j|n j ;j_2233) gi'anting an increase of pension to James Dredge; 

A bitl.f S. 2178) granting an increase of pension to Warron Hall. 

Mr. STANFORD, from the Committee on Public Buildings 
and Grounds, to whom were referred the following bills, reported 
them severally without amendment, and submitted reports 

thereon; . . , ^, ,, . 

A bill (S. 306S) to increase the appropriation for the public 
building at Lansing, Mich.; and 

A bill (S. l.')l>3) providing for the erection of a public building 
at the city of Battle Creek, Mich. _ 

IMr HAWLEY, from the Coinmitte3 on Military Affairs, to 
whom was referred the bill (S. 215) to provide for the construc- 
tion of a wason road through the military reservation of Fort 
Canby, in the State of Washington, and for other purposes, re- 
ported it without amendment, and submitted a report thereon. 

Mr. HANSBROUGH, from the Committee on the District of 
Columbia, to whom was referred the bill (S. 2238) to provide an 
all-night street-car service for the District of Columbia, re- 
ported it with amendments. 

He also, from the Committee on Public Lands, to whom were 
referred the following bills, reported adversely thereon; and 
they were postponed indefinitely: 

A bill (S. 21HU) declaring the canstruction of an act entitled 
"An act to repeal timber-culture laws, and for other purposes," 
approved March 3, 1891; and , . x, o. * 

A bill (S. 1478) to restore to market public lands in the State 
of Michigan, Wisconsin, and Minnesota, and to provide for the 
disnosition of land hereafter surveyed in said States. 

He also, from the Committee on Public Lands, to whom was 
referred the bill (S. 2228) to declare lands containing phosphate 
deposits to be mineral lands and subject to disposal under the 
mining laws of the Unit jd States, reported it with an amend- 
ment, -r, . . , 

Mr. PALMER, from the Committee on Pensions, to whom was 
referred the bill (S. 1010) granting an increase of pension to 
Andrew Franklin, alias Andrew McKee, reportsd it without 
amendment, and submitted a report thereon. 

Jlr. MCPHERSON, from the Committee on Naval Aftairs, 
submitted a report to accompany the bill (S. 2206) for the relief 
of Louis A. Yorke, heretofore reported by him. 

Mr. PADDOCK, from the Committee on Pensions, to whom 
was referred the bill (S. 2846) granting a pension to Granville R. 
Turner, reported it without amendment, and submitted a report 
thereon. 

BETSEY WORTHINGTON. 

Mr SAWY'ER. I am directed by theCommitteeonPensions, 
to whom was referred the bill (H.R. ri20(i) for the relief of Bet- 
sey Worthington. to report it back favorably without amend- 
ment, and to submit a reiiort. I ask unanimous consent that the 
bill may be considered now. It proposes ta increase the pension 
Of thj widow of a soldier of the war of 1812. She is 95 years old, 
very poor, and her health is such that she has to be nursed night 

and day. .,, , , ,. • , 

The VICE-PRESIDENT. The bill will be read for informa- 
tion. 



The Chief Clerk read the bill, as follows: 

Jit- it enacted, etc., That the Secretary ot the Interior he, and he is hereby, 
authorized and directed to place on the pension roll, at the rate of »:«) per 
mouth, the name of Betsey \Voniilnglon, widow ot Ransford Worthnigton, 
who w.as a member of the Massachusetts Militia and served in the war of 
ISl'.', said pension to ho in lieu of the amount now drawn by her. 

Mr. COCKRELL. Let the report be read. 

The VICE-PRESIDENT. The report will be read. 

The Secretary read the report, as follows: 

The Committee on Pensions, to whom was referred the bill (H. R. 5200) for 
the relief ot Betsey Worthington, have examined the same, and report: 

The report on which this bill was passed by the House of Representatives 
is concurred in. and is as follows: »,„, ,ii tj ■i.)m» f™ 

■■ The Committee on Pensions, to whom was referred the bill (H. K. 5.00) for 
the relief of Betsey Worthington, have considered the same, and report: 

"Tlie claimant is the -ivldow of Ransford Worthington, who was a private 
of Capt. Day's company ot Massachusetts Militia in the war of 1812. He was 
a pensioner on account of said service until his death, which occuiTed Octo- 
ber 18, 1878, and his widow (this claimant) was then placed on the pension 
roll. She receives Jia Iicr month. v„... ,,i,of 

■■ The testimonvof Dr. Judson W. Hastings, of Agawam, Mass., show,- that 
the claimant is Oii years old, and without any means of support exf:ept her 
pension; also, that on November 13, 1891, she suffered a fracture of left thigh 
and has since required the constant services of nurses day and mght, being 
unable to move herself in bed without help. 

•• The doctor also testifies that the claimant has other physical troubles due 
to weakness and old agewhicli add to the difficulty of caring tor her, and that 
she is a worthy woman who gave two sons to the Union Army. 

■• The above testimony is fully corroborated under oath by Charles W. H:i-t- 
ing.s, postmaster of Agawam, "Mass. . ,^„,.„,„ 

•■ The passage of the bill is recommended with an amendment fixing the i a te 
of pension atfeo per month, and showing that the same is to be allowed m 
lieu ot the amount now drawn by her." .,,,,.., „„ ,„ 

The bill is reported favorably with a recommeuaatlon that it do pass. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the bill'? 

There being no objection, the Senate, as in the Committee of 
the Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 
REPORT OP COMMISSIONER OF LABOR. 

Mr. MANDERSON. I am directed by the Committee on 
Printino- to report back favorably, with an amendment in the 
nature of a substitute, the concurrent resolution for printing' 
additional copies of the Seventh Annual Report of the Commis- 
sioner of Labor. I call the attention ot the Senator from Mis- 
souri [Mr. COCKRELL] to this matter. I ask for the present 
consideration of the resolution. 

The Senate, by unanimous consent, proceeded to consider the 
concurrent resolution. 

,Mr. MANDERSON. I ask that the substitute may be read. 

The Chief Clerk. As proposed to be amended: 

liesoleed by the Senate (the House of Jiei)rese,ilalives conairring). That there 
be printed 35,000 additional copies, in cloth binding, ot the seventh Annual 
Rcnort of the Commissioner of Labor relating to the cost of producing tex- 
tile's and glass in the United States and Europe, and the wages and cost of 
living of the persons employed in the textile and glass J?a^i«"';f',r,'„''^V™ 
copiers for the use of members ot the House of Repres™t:i.taves, 8,01^0 copies 
for the use of members of the Senate, and 11,030 copies for t^e use ot the De- 
partment ot Labor. 

The VICE-PRESIDENT. The question is on agrenng to the 
amendment as read. , . 

The amendment was agreed to; and the resolution as am masa 
was agreed to. 

ORDNANCE AND FORTIFICATIONS REPORT. 

Mr MANDERSON, from the Committee on Printing, to 
whom was referred the following House concurrent resolution, 
reported it without amendment, and it was considered by undni- 
mous consent, and agreed to: 

Ile^oli-ed by thf House of neprcsentatlceii (the Senate concurring). That there 
be printed 600 additional copies of the report of the Board of Ordnance and 
Fortifications for the use of the War Department. 

OBE SUTHERLAND. 

Mr. VEST submitted the following report: 

The committee ot conference on the disagreeing votes of the two Houses 
on the amendment of the House of Representatives to the bill (S l.i7.ii to 
OTOvide tor a pension for Obe Sutherland, late a teamster of the Quartennas- 
tei-'s Departnient of the United States Volunteer Army, havmg met. after 
full and free conference have agi-eed to recommend and do recommend to 
their respective House as follows: . , ,v.„ 

That the Senate recede from its disagreement to the amendment of the 
House and agree to the same with an amendment a,s follows: In lieu ol the 
amomit propo.sed to be inserted, insert •■ thirty-five; " and the House agree 
to the same. ^ ^ ^^^,j. 

GEO. l: SHOUP. 

Conferees on the part of the .Sv/,.' • 
A. N. MARTIN, 
H. W. SNOW, 

Conferees on the part of the IIu i - . 

The report was concurred in. 

BILLS INTRODUCED. 

Mr. PALMER introduced a bill (S. 2135) granting a pension 
to Mrs. Elizabeth Crowley: which was read twice by its title, and 
referred to the Committee on Pensions. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



4351 



He also presented a petition of Council No. 62 of the Ameri- 
can Defense Association, of Connecticut, praying for the passage 
of the bill to amend the naturalization laws; which was ordered 
to lie on the table. 

He also presented the following petitions of Rocky Hill Grange, 
Patrons of Husbandry, of Connecticut: 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture— referred to the Committee on Ag- 
riculture and Forestrj-. 

Petition praying for the enactment of legislation to prevent 
gambling in farm products — to the Committee on the Judiciary. 

Petition praying for the passage of House bill 395, defining 
lard and imposing a tax thereon — ordered to lie on the table. 

Petition praying for the passage of a bill to prevent the adul- 
tei-ation of food and drugs — ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts—referred to the Committee on Post-OtBccs and Post-Roads. 

Mr. MANDERSON presented a memoral of citizens of Hall 
County. Nebr.. remonstrating against the passage of any legis- 
lation closing the World's Columbian E.xposition on Sunday; 
■which was leferred to tho Committee on the Quadro-Centennial 
(Select). 

REPORT ON MENHADEN AND MACKEREL. 

I\Ir. STOCKBRIDGE presented a letter from Marshall McDon- 
ald. United States Fish Commissioner, transmitting a report 
upon the natural history of the menhaden and mackerel, to- 
getlier with notes upon the fisheries; which was ordered to be 
printed for tho use of the Senate. 

REPORTS OF COMMITTEES. 

Mr. VILAS, from the Committee on Claims, to whom was re- 
ferred the bill (S. 1161) for the relief of Catherine Metz, submit- 
ted an advei'se report thereon; which was agreed to, and the bill 
was postponed indefinitely. 

He also, from the .same committee, to whom was referred the 
hill (S. 114S) for the relief of drafted men in Pendleton County, 
Ky.. asked to be discharged from its further consideration, and 
that it be referred to the Committee on Military Affairs; which 
■was agreed to. 

He also, from the Committee on Indian Affairs, to whom was 
referred the bill (S. 702) for the relief of the Mo-kaw-ho-ko Band 
of Sac and Fox Indians of the Mississippi, submitted an adver.se 
report thereon; which was agreed to, and the bill was postponed 
indefinitely. 

Mr. HIS'COCK, from the Committee on Foreign Relations, to 
whom was referred the bill (S. 24,54) for the application of the 
accretions of the Caracas awards of 1S6S to the new awards made 
in 1889 and 1890, reported it with amendments, and submitted a 
I'eport thereon. 

]\Ir. :McMILLAN, from the Committee on the District of Co 
lumbia. to whom was referred the bill (S. 804) to incorpoi'ate the 
Washington and Great Falls Electric Railway Company, reported 
it with amendments, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 29J14) to prevent the sale or delivery of ice within the 
District of Columbia on the Sabbath day, commonly known 
Sunday, reported it with amendments, and submitted a report 
thereon. 

Mr. SANDER.S, from the Committee on Claims, to whom was 
referred the bill (S. 2.i2T) to pay John Pope Hodnett for services 
rendered as counsel to the Government in the investigation into 
affairs of the District of Columbia, acting as such counsel by or- 
der of a resolution of the House of Representatives; also for act- 
ing as counsel for the workingmen of the District of Columbia 
for fifteen years last past, submitted an adverse report thereon; 
which was agreed to, and the bill was postponed indefinitely. 

He also, from the Committee on Public Lands, reported an 
amendment intended to be proposed to the sundry civil appro- 
priation bill: which was referred to the Committee on Appro- 
priations, and ordered to be printed. 

Mr. ALLEN, from the Committee on Claims, to whom was 
referred the bill (S. 1970) for the relief of Daniel C. Rodman and 
others, sureties on the bond of Ozias I\Iorgan, reported it with- 
out amendment, and submitted a report thereon. 

IMr. MITCHELL, from the Committee on Claims, to whom 
was referred the bill (S.KilS) for the relief of Charles A. de Ar- 
naud, asked to bedischarged from its further consideration, and 
that it be referred to the Committee on Tililitary Affairs: wliich 
■was agreed to. 

]Mr. SQUIRE, from the Committee on Coast Defenses, reported 
an amendment intended to bo proposed by him to the fortifica- 
tion appropriation bill: which was i-eferred to the Committee 
on Appropriations, and ordered to be printed. 

BILLS INTRODUCED. 

Mr. SANDERS introduced a bill (S. 3155) granting an honor- 
able discharge to certain officers; which was read twice by its 



title, and, with the accompanying pajjers, referred to the Com- 
mittee on Military Alfairs. 

Mr. SHERMAN introduced a bill (S. 3156) to remove tho 
charge of desertion from the military record of Thompson Hicks, 
deceased; which was read twice by its title, and, with the ao- 
companving papers. referred to the Committee on Military Afi'airs. 

Mr. WOLCOTT introduced a bill (S. 3157) to reimbui-se the 
State of Colorado for expenses incurred by said State in rc- 
pelling'- a threatened invasion and raid by the Utes in 1883; 
which was read twice l)y its title, and referred to the Committee 
on Military Affairs 

Mr. PALMER introduced a bill (S. 3158) to perfect tho mili- 
tary record of Warren Alonzo Alden; which was road twice by 
its title, and referred to the Committee on Military Affairs. 

He also introduced a bill (S. 3159) for the relief of Nicholas 

G. Chesbrough; which was read twice by its title, and referred 

to the Committee on Military Afi'airs. 

Mr. MCMILLAN introduced a bill (S. 3160) providing a pon- 
■"'■■'--■ .... ^j^^ 



sion for Mrs. Julia C. Sharpe; which was read twice by its 
and referred to tho Committee on Pensions. 

Mr. PETTIGREW introduced a bill (S. 3161) granting a i)en- 
sion to Anna M. Craig; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. CULLOM introduced a bUl (S. 3162) granting a pension to 
Rev. J. M. Madding; which ■was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. HISCOCK (by request) introduced a bill (S. 3163) for the 
relief of Caleb R. Turner; which was read twice by its title, and 
referred to the Committee on Patents. 

He also introduced a bill (S. 3164) granting a pension to Mary 
McCarthy; which was read twice by its title, and, •with the ac- 
companying papers, referred to the Committee on Pensions. 

Mr. MANDERSON introduced a bill (S. 3165) to incorporate 
the Holstein-Priesiau Cattle Association of America; which was 
read twice by its title, and, with the accompanying pajjers, re- 
ferred to tho Committee on Agricultvire and Forestry. 

Mr. GALLINGER introduced a bill (S. 3166) for the relief of 
Betsy McGeorge; which was read twice by its title, and referred 
to the Committee on Pensions. 

Mr. GORMAN introduced a bill(S. 3167) for the reUef of Wil- 
liam L. Winans; which was read twice by its title, and referred 
to the Committee on Patents. 

Mr. VILAS introduced a bill (S. 31GS) for the relief of the legal 
i-epresentatives of William I.L. Nicodemus; which was read twice 
bj' its title, and referred to the Committee on Military Affairs. 

AMENDMENTS TO BILLS. 
Mr. CASEY submitted an amendment intended to be proposed 
by him to the river and harbor appropriation bill; which was 
referredto^e Committee on Commerce, and ordered to bo 

Mr. PLATT submitted an amendment intended to be proposed 
by him to the riverand harbor appropriation bill; which was re- 
ferred to theCjmmitteeon Commerce, and ordered to be printed. 

— — — ^H^r PERSONAL EXPLANATION. 

The PRESIDENT pro tempore. Is there further morning busi- 
ness? 

]Mr. HALE. If there is no further morning business I ask that 
the naval api>ropriatiou Ijill be laid Isefore the Senate. 

Mr. PETTIGREW. Mr. President • 

The PRESIDENT pro tempore. Does the Senator from South 
Dakota i-ise to morning business? 

Mr. PETTIGREW. I rise for the purjwse of making a per- 
sonal explanation in regard to a matter. It will take but a mo- 
ment. 

The PRESIDENT pro tempore. Does the Senator from Maine 
yield to the Senator from South Dakota? 

Mr. HALE. Certainly. 

Mr. PETTIGREW. I send to the desk and ask to have read 
a clipping from the Chicago Times of Anril 20. 

The PRESIDENT pro tanpore. The 'article referred to will 
be read by the Secretarj-. 

The Chief Clerk read as follows: 

A dispatcli from AVashington. publislied in the Chicago Times of April 20. 
1892. contains llie following;: 

'■ Mr. Pettigbew -n-ants a $300,000 public building at Deadwood. As a part 
of his method to obtain it he went to Gen. Net\'BEHRY, of Chicai^o. who is on 
the Public Building Committee, and intimated tliat lie ■^vollld re^ri the 
Workfs Fair bill tavorablv in the Senate if Mr. .Mewberry would aid in get- 
ting the S'200.000 for the public building; at Dcadwood. Gen. Newbkrky ex- 
amined fne latest census reports, and they showed that Deadwood was de- 
creasing in poniUation. consequently the Illinois Congressjnan refused to 
make any such" bargain. He would have declined to make a barsaiu at all 
vmder any conditions. 

It is reported that Mr. Pettigrew will refuse to report the ■\Vorld"s P.iir 
bill to the Senate when, it is ready if Gen. NEWDERRYdoes not report the bill 
for the SMO.OOO at Deadwood. It this should happen a Democratic Senator 
^^-ill ri.se in his place, recite the story here rei'K>rlod, and move that the bill 
be reported by the person next to the chairman. This would probably not 



4352 



CONGEESSIONAL EECORD— SENATE. 



May 18, 



be pleasant for Mr. Pettigrew, but it wouUl give him a lesson that would 
ncecl no repetition during the rest of his natural existence. 

Mr. PETTIGREW. Mr. President, the article is untrue in 
every particular. If it did not reflect upon me as a represent- 
ative and had only a personal bearing I sliould take no notice of 
it whatever, but as I am chairman of the Select Committee on 
the Quadro-Ccntennial I can not allow it to fjo unnoticed. I 
therefore addressed a letter to Representative Newbekky, call- 
ing his attention to the article, and I send his reply to the desk 
and ask that it be read. 

The PRESIDENT pro tempore. The letter will be read. 

The Chief Clerk read as follows: 

House of Eepresentatives or the United States, 

Washington. I). C, May li, 1S02. 

DEAR Senator: Your letter of May. Quoting a dispatch from a Chicago 
Baper of April 20, 1892, is before me, and had been noticed by me m the pub- 
lic prints. I am very glad Indeed to say there is no foundation for the statue- 
ment in fact or by inference. In your conversations with me regarding the 
Deadwood public building vou have at no time made any improper efforts to 
obtain favorable action, neither did you at any time refer to the fact Inat 
you were chairman of the Quaaro-Centennial Committee of the Senate, 
very respectfully. WALTER C. NEWBERRY. 

Hon. R. F. Pettigrew, 

Uaited States Senale. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had agreed 
to the report of the committee of conference on the disagreeing 
votes of the two Houses on the amendments of the Senate to the 
joint resolution (H. Res. 96) to authorize the loan of certain en- 
signs, flags, and signal numbers for the purpose of decorating 
the streets and buildings of Washington on the occasion of the 
Grand Army encampment in September, 1892. 
NAVAL APPROPRIATION BILL. 

Mr, HALE. I ask that the naval appropriation bill b3 pro- 
ceeded with. 

By unanimous consent, the Senate, as in Committee of the 
Whole, resumed the consideration of the bill (H. R. 7093) mak- 
in<^ apin-opriations for the naval service for the fiscal year end- 
ing June 30, 1893, and for other purposes, the pending question 
bemg on the amendment reported by the Committee on Appro- 
priations to insert on page 41 as amended. 

Mr. HALE. I think the Senator from Missouri [Mr. COCK- 
eell] has the floor. 

The PRESIDENT pro tempore. The Senator from Mis.souri is 
entitled to the floor. 

Mr. COCKRELL. Mr. President, in contin nation of what I 
said yesterday evening, I desire to say now that on every occa- 
sion when a Democrat refers to the difficulties thrown in the 
way of the present Democratic House of Representatives in re- 
ducing the appropriations below the amount shown by the rec- 
ords o1 the billion-dollar Congress, the Fifty-first, immediately 
Republican Senators and the Republican press herald it to the 
world a' a justification, extenuation, and mitigation of the action 
of the Fifty-first Congress. 

In 18i)], after the Fifty-first Congress had expired, I noticed 
there was quite a number of leading Democrats and leading 
newspapers showing great interest in the question of appropria- 
tions and predicting long in advance the amount the Democratic 
House would reduce the appropriations made by the Fifty-first 
Congress, and it was given out by these prophets that the Dem- 
ocratic House when it assembled would rcdr.ee the appropriations 
$100,000,000, I am not certain that leaders who always predict 
to the enemy publicly in advance six months or a year what they 
intend to do are the wisest and safest leaders when the conflict 
comes. In these predictions they seem to have utterly ignored 
the laws enacted by the Fifty-first Congress, which laws the 
present Democratic House has no power to amend, repeal, or 
modify. 

In this connection I desire to say further that the Democratic 
party has not controlled the administi ati' n of the General Gov- 
ernment since the 4th of March, 1801, and can not be legitimately 
held resijonsible for any legislation enacted in that time which 
it did not uooii the record sanction and approve. The Repub- 
lican party "had absolute control of every branch of the Govern- 
ment until'tho 4th day of March, 1875, the beginning of the Forty- 
fourth Congress, and" in that Congress the House of Representa- 
tives only was Democratic, the Senate and the President being 
Republican. In the Forty-fifth Congress, from March, 1877, to 
March, 1879, the House was still Democratic, but the President 
and the Senate were Republican. In the Forty-sixth Congress, 
from March 4, 1879, to March 4, 1881, the Senate and House, the 
Congress, were Democratic, and the President Republican. In 
the "Forty-seventh Congress, from March 4. 1881. to March 4, 
1883, the House and Senate and the President were all Repub- 
lican again. In the Forty-eighth Congress, from 1883 to 188-5, 
the House only \vas Democratic, the Senate and the President 
bluing Republican. In the Forty-ninth and Fiftieth Congresses, 



from March 4, 1885, to March 4, 1889, the Executive and tlie 
House were Democratic, and the Senate was Republican; and in 
the Fifty-first Congress the Senate and the House and the Pres- 
ident were all Uepubliean. In the Fifty-second Congi'ess we 
have a Democratic House, a Republican Senate, and a Rejiub- 
lican Executive. So there rests upon the Demr.cratic party no 
responsibility for the legislation enacted save only to the extent 
that the majority of the members of that party have voted for 
and sanctioned that legislation. 

But a word in regard to tlie appropriations of the Fifty-first 
Congress. The appropriations are not always a test of expendi- 
tures. By an examination of the receipts and expenditures of 
the Government for a long series of years, it will be observed 
that the expenditures never come up to the amount of the ap- 
propriations. I wantto call attention to this point, becausslsee 
how our very discreet and able Republican friends intend to shirk 
out of the responsibility of the billion-doUarappropriations of the 
last Congress in their statement of receipts and expenditures; 
and in connection with this I desire to call attention to the state- 
ment of the distinguished Senator from Iowa [Mr. Allison], 
that we are going to have a twenty-five-million-dollar surplus 
on the 30th day of .lune, 1892. We can have that, there is no 
doubt about it, if the executive department determines to have 
it. Now, I want to explain this. 

In the receipts and expenditures of the Government which I 
hold in my hand, from 18.J0 to 1891, inclusive, I find that the ex- 
penditures for the fiscal year 1891 were only $36'),773,90r)..35,, 
while the aiiiiroiu-iations for that year were $4t)3,398,."il0.79.: 
What is the difference between the api)ropriations as specified 
in the appropriation acts and the books and records of the 
Tivasury Deimrtment showing the actual expenditures? I will 
explain it. In the expenditures of the Treasury Departmentno 
account is taken of all the postal revenues received by the Postr 
Office Department and expended by it without ever having been 
covered into the Treasury, That' amount is at various times 
$:')(), 000,000 or $60,000,000 per year. Another item that is not in- 
cluded in these expenditures "here is the sinking fund. The ex- 
penditures of the millions for the sinking fund are not counted 
in these expenditures. 

Another item that is not counted in these expenditures is the 
national-bank-note redemption fund. The Senate will recollect 
that some time ago we had in the Treasury Department $.54,000, 
Olio as a national-bank-note redemption fund, but by the silver- 
bullion-certificate law of .luly 14, 1890, this vast sum was covered 
into the Treasury as a surplus and thereafter counted as a sur- 
plus. The national-bank notes are now redeemed out of the sur- 
plus in the Treasury under a permanent annual appropriation, 
and whatever amount is paid in their redemption is not contained 
in these estimates of expenditures by fiscal years. 

These expenditures have no reference whatever to appropria- 
tions, none at all. They are the actual amounts paid out by the 
Treasury De]iart ment during the period from the first day of 
.July of one year to the 30th day of June of the next year, both 
inclusive. How can the present Treasury have its $2.5,000,000 
surplus on tlie 30th day of Juno next'? It is a very easy matter, 
out of such appropriations as were made for the present fiscal 
year, 1892, of $.52.5,000,000, to delay, to postpone the completion of 
work ordered, the payment of sums appropriated, the expendi- 
ture of the money coatemplat.'d. It is a very easy matter in the 
Department to have a suspension of the consideration of items 
which, if adjusted, would take money out of the Treasury and 
have that labor expended on items which will not take it out. 
It is a very easy matter, with 850.000 pension claims pe:)ding in 
the Pension Oltice to-day to be disposed of, that the clerks shall 
give precedence and preference to those under the law of June 
27. 1890, none of which take any arrears. 

It is very easy for these matters to bo delayed and postponed, 
and if the Treasury Department and the executive officials wish 
for any reason to s"how a surplus in the Treasury of $25,000,000 
on the -30th of -Inns they can so manipulate as to do it. They 
can not do it, however, if they pay out the $25,000,000 for the 2 
per cent bonds, the old 4} per cent bonds, which have been con- 
tint od at 2 x'er cent, because that would exhaust the Treasury. 
This is the only way that a surplus can be shown in the Treasury 
at the close of the present fiscal year. 

As to the appropriations of the Fifty-first Congress, I have 
never directly or indii/ectly apologized for or extenuated them. 
I have always said, and say now, that they were appalling to the 
country, that they were in excess of anything that had been ap- 
propriated in the whole history of the country. For example, 
the total appropriations of the Fortv-third Congress were $653,- 
794,991,21; of the Forty-fourth Congress, $595,597,832.28; of the 
Forty-fifth Congress, $704,527,405.98;'^of the Forty-sixth Congress, 
$727,537,684.22:" of the Forty-seventh Congress, $777,435,V'4'<.54; 
of the Forty-eighth Congress, $6.55,209,402.33; of the Forty-ninth 
Congress, $746,342,495..51; of the Fiftieth Congress, $817,963,- 
859.80; of the Pifty-first Congress, $988,417,183.34, about one hiin- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



4415 



1 Tras in Florida last Christmas, upoa the coast, at Mosquito 
Iiilct. where there have been a good many maritime disasters. 



I happened to have in my fishing lx)at with mo a young fisher- 
man, born and raised there, intho prime of life, who knew noth- 
ing- except about that inlet and that coast. He know every foot 
of It , and was as familiar with it as I am with the Congressional 
Becokd that is printed here from day to day, and more so. X 
asked him if ho was a pilot. " Well, yes," ho said: " I think I 
know every inch of this coast, and I could bring any vessel '" 
hero anywhere the darkest night that was ever known: bu 
can not got into the pilot.s" association." Said I, -'It may 



Becokd that 

asked him if ..- i - , ., , 

" * essel in 

but I 
be 
there is no vacancy." "Yes; there have been two up hero at 
Jacksonville for two years, but I can not got in; I do not belong 
to the family; I am excluded." That thing is going on all oyer 
the country. I was last' week down at the li^ht-houso 7 miles 
abovo Virginia Beach, talkmg with a signal officer, for we have 
a si'i-nal st-ation there. Two of these pilot boats were in the 
ofling. Twenty-six of them belong to Virginia, I believe, or 
twenty-six to Maryland and somo to Virginia. 

Mr. FRYE. There are twenty-six in Virghiia. 

Mr. VEST. There aro twentj--six in Virginia. I asked tho 
sif^nal officer in regard to tho regulations that govern them, and 
ho said, " When a vessel is sighted and signaled by one of these 
boats from a port in one of tho States then the fees go to that 
State organization; that when sighted by a pilot who belongs to 
another State and signaled, then the fees go to that association: 
but no matter whether tho service is performed or not the moin.'y 
must bo paid; and when the man protests lie is told tho Stato of 
Virginia, or North Carolina, or Maryland is a better judge of 
how'' to take care of your property than you are yourself." 

Mv. President, this is the whole statement. If I consulted my 
personal affiliations and affinities I should certainly oppose this 
bill. No man has over approached me except friends from the 
South who desire its defeat in the interest of some of these pilots, 
who are exceedingly active upon the other side of thequestion; 
but I can not see any escape from the proposition that in this in- 
stanco we should not deviate from the plain course of duty, as I 
regard it: that dutv which points out to mo but one course in re- 
gard to public atTali s, and that is that all of tho people of this 
country shall stand alike before the law. It is impossible for me 
to see how I can oppose the billv>'ith my convictions in regard to 
the matter. 

Mr. MILLS obtained the floor. 

Mr. BUTLER. Will the Senator from Texas permit me to of- 
fer an amendmentV 

Mr. MILLS. With pleasure. 

Mr. BUTLER. Mr. President, I am glad to be afforded an 
opportunity to offer an amendment to the bill, which will give 
the Senator from Missouri[Mr.VEST]anopportunity to illustrate 
his regard for enlarging trade in this country. I offer an amend- 
ment to eomo in as section 3, and ask that it be considered. 

The PRESIDENT pro tempore. The amendment will bs re- 
ported. 

The Chief Clerk. Add a new section as follows: 

Sec. 3. That snch parts of the navigation laws of the United States as 
prevent the purchase by American citizens of ships in foreign covmtries and 
the right of American registry and flying of the American flag be, and the 
same are hereby, repealed. 

Mr. VEST. I have labored for that principle ever since I have 
been in the Senate, and I shall bo very glad to vote for it. 

Mr. MILLS. Mr. President, there aro certain principles by 
which I always try to regulate my public utterances and public 
actions as a representative of my constituents. I have observed 
that the navigator who tries to keep his vessel in the channel, 
a(nd who observes the buoys and light-houses along the coast, 
will carry his cargo and his vessel more safely into port than if 
he shuts his eyes, abandons his wheel, and leaves his ship to the 
mercy of wind and wave. The principle by which I govern my 
actions here is that defined by the great father and founder of 
the body to which I belong — that the General Government should 
bo supported in the whole scope of its constitutional power as 
the sheet anchor of our peace at home and our safety abroad. 

In the organization of our Government, tho power to regulate 
commerce among the States is confided to the General Govern- 
ment, and this is a part of that regulation. 

This system of pilotage was adopted in tho early days of our 
Republic, and continued almost without complaint, because the 
burdens of this pilotage rested upon the great Issachar, who was 
patiently bending beneath the burdens and failing to make com- 
plaint against them. But within recent years a change has 
come over the spirit of the dreams of this country. In the prog- 
ress of development of our industrial system and our civiliza- 
tion the railroad in a great measure has supplanted the sail vessel 
along the coast in the carrying business of tho countrj-. 

When the sail vessel was the only carrier and had no compe- 
tition then it could pay these pilotage fees, even to the extent of 



$1,000, as I understand was demanded once in Baltimore. But 
that was unloaded upon the consumer of the goods. The master 
of the vessel cai-ed nothing for that. In recent years, however, 
in the sharp competition with tho railroads of the country, he la 
forced to cut his charges for transportation down to the lowest 
farthing in order to keep in the business. 

It is a general principle that the consumer pays all the charges 
on that which ho consumes. I do not care where the article is 
producecf, he has to pay the cost of producing it, the cost of 
insurance, and the cost of transportation from the producer to 
tho consumer: he has to pay all ta.KCs. whether Federal taxes 
or State taxes. But when the law fixing the charges is exces- 
sive upon one character of transportation in competition with 
another, that character of transportation has to pass out of ex- 
istence or pay the burdens imposed from its own profits. 

Suppose to carry a ton of freight from Boston to Charleston by 
coastwise steamers costs .$10 and $5 to carry it by rail. Tho cost 
by tlie cheaper lino of tran.sportation fixes the price at which the 
article is sold in tho Cliarleston market, and the carrier by sail 
has either to come down with his charges or leave the business. 
There are two sides to this question, and we sometimes con- 
found them. The consumer pays the tax, but sonietimes the 
producer pays it, or loses his business. Tho injustice of this upon 
the commerce of tho country, of all countries, is that itfalls, like 
wrong of every character, "the on wrongdoer as well as on his 
victim. We cannot by high ta.xos prevent the transportation 
of commerce in order to injure the producer without injuring 
our.selves, too. 

In tho early daysof the Republic, before we had even canals, tho 
history of interior transportation shows that it cost on an average 
20cents per tonpormileto convey freight. When the Erie Canal 
wasbuilt the transportation charge was brought down to less than 
half that amount. When the other canals followed in the wake 
of tliat great work, making water lines from the great resor- 
v<drs of the lakes on the north down to the Ohio River on the 
south, freights were lowered all over tho country. Then when 
the railroad system came freights still continued to come down. 
Twenty or twenty-five years ago they were about 3 cents per ton 
per mile in the United States, and during the last year, sir, they 
have como down to less than 1 cent per ton per mile. The rail- 
roads are constantly bringing down tho freight charges of tlie 
country, and it is that system which is imperiling the success of 
the coast-wise business. 

Our shipbuilders in Maine, Massachusetts, and along the New 
England coast, so long as the burden was on the consumers did 
not care to unload. They were human. I would not have dono 
it. Nobody else would have done it. The burden was on some- 
tody else"s shoulders. They did not care. They did not suffer 
the pain. 

Now, the railroad charges have been put so much lower than 
heretofore that the vessels can not afford to pay these pilotage 
charges, and so they call uiwn the Government to remove these 
charges, so that they can continue in their business, and I am 
going to help the Government to do it, and I am going to do it 
because they are wrong. There should benocharge of this kind 
upon the commerce of the country. No government should at- 
tempt to sustain any mere occupation by its action when the par- 
ties engaged in that occupation aro able to take care of them- 
selves. I hold it to bo one of those fundamental principles of 
which I \vas speaking a few moments ago, and so well expressed 
by Mr. Samuel J. Tilden, who wrote the English language so 
accurately, so forcibly, and so well, as defining the Jeffersonian 
creed for me in one sentence: 

The General Government should never do for the State government what 
the State government can do for itself, and no government should do for the 
Indiridual what he can do for himself. 

That is where I stand, sir. If these vessels can not have their 
own pilots and take care of their own business, they will simply 
have to go out of the business, and try hotel-keeping or some- 
thing else. 

I jjropose to let them have their own pilots. Iipropose to take 
oft' this unjust burden from their shoulders and permit them to 
run their own vessels in competition with the railroads or in 
competition with other vessels, and if they cannot succeed in 
that business, then there must be the ".survival of the fittest." 
The Government can only injure the business by retaining Us 
burdens in this manner.' I agree with 'my friend from Maine 
[Mr. Frye], and it is very rare that I have had the pleasure of 
agreeing with him: we have been serving together for about 
twenty years: I have always had a great admiration for him: 
he is a big, noble, brave-hearted man: more than that, I have 
loved him many years, and ho knows it. 

Mr. FRYE. I reciprocate. 

Mr. MILLS. Hove him so much more now because I can shake 
hands with him when he agrees with me and helps to relieve the 
commerce of the country from unjust exactions against the prod- 



4416 



CONGRESSIONAL RECORD— SENATE. 



May 19, 



nets of human labor in passing from the hand of the producer to 
tho mouth of the consumer, which transit should be as free as 
the winds of heaven. I will vote with him, and then I will go 
furthoi' than that. But he will not follow me any further. He 
will stop right here on the road. I will vote to emancipate the 
whole commerce of this country. I will vote to let new ships 
come in here, but I will not vote to lot them come in clandestinely 
and surreptitiously. I will vote that any citizen of the United 
States may go and buy a vessel wherever ho pleases, because that 
is a natural right, and should be secured by what I understand 
to he a free Government, in accord with the general principles 
of that Declaration of Independence that we all read on the Fourth 
of July and forget the remainder of the year. That just govern- 
ment comes from the consent of the governed. This principle 
is to secure to the citizens — secure, not grant. Governments do 
not grant natural rights, but should secure to the citizen the en- 
joyment of thos3 inalienable rights with which his Creator has 
endowed him. 

There is where I stand. 

I want the citizens of tho United States to navigate these 
waters in vessels and go to all ports, and it they can beat any- 
body else in that business I want them to do so. I am willing to 
unload the citizens of Boston, Portland, Portsmouth, or any- 
where else. North, South, East, or West. I am patriotic. My 
patriotism extends from the State of Texas to New England, 
clear up to the northern peak of Maine. I want to unload every 
citizen of the United States from every unjust burden which the 
Government has placed upon him. 

I have a peculiar sort of fancy, Mr. President, for these people 
of New England. They were among the first American settlers 
of that great State from which I come. They came in the old ad- 
venturous days when wo built ships and could go where we 
pleased. They sailed down the coast and around to Texas. 
They were a noble, bravo- hearted, generous, adventurous people. 
They helped to build up our civilization. The first printed news- 
paper that was seen west of tho Sabine River was edited by a 
Yankee from the State of Maine. That newspaper taught tho 
principles of civil and religious liberty almost within sight of 
the battle smoke of the Alamo. Almost in the very presence of 
the armies of Mexico that little press appeared, following the 
army of Sam Houston, and teaching the principles of liberty as 
they were planted upon this continent, and those principles have 
grown, watered by the very blood of our common fathers. 

Yes, I would relieve the people of Boston, the people of New 
England, anywhere, of any burdens upon their shipping. But 
this is one of the taxes that the consumer does not pay. The 
railroad comes in and prevents it. Otherwise he would. The 
railroad delivers freight to him more cheaply than he can get it 
by vessel, and hence the American vessel has it to pay. But it 
is an unjust tax, and I will help to unload it. 

Mr. PRYE. Mr. President, I have been so anxious to take up 
tho river and harbor bill that I shall not undertake to reply to 
any of the arguments that have been made touching this bill, but 
will move to lay the amendment offered by the Senator from 
South Carolina [Mr. Butler] on the table. 

Mr. BUTLER. Before that is done I should like to make an 
observation or two in regard to it. 

The PI=IESIDENT pro tcmpnrc. A motion to lay on the table 
is not debatable. Does the Senator from Maine withdraw liis 
motion? 

Mr. PRYE. I withdraw it. 

Mr. BUTLER. Mr. President, we have had a sort of love feast 
here to-day between the Senator from Missouri [Mr. Vest], the 
Senator from Texas [Mr. MiLLSl, and the Senator from Maine 
[Mr. Fbye], which I have very much enjoyed. It has been re- 
freshing. My object in introducing tho amendment was to allow 
that love feast to continue. Those distinguished Senators have 
agreed so well on this question of unburdening the commerce of 
the country and reading the Declaration of Independence to us 
again that I am in hop^s that under the inspiration and motive 
of that lovely condition of affairs we may jierhaps take off some 
other burdens at the same time. But I am inclined to think that 
when the Senator from Texas and the Senator from Maine come 
together at that point they will divide again. 

A good deal has been said about monopoly, about the outra- 
geous charges of these pilots, and the general iniquity of the whole 
system. I want to read briefly what some of the navigation laws 
of this country prohibit, from a book written by Mr. David A. 
Wells, who summai'izes those laws in the following language: 

1. No American citizen is allowed to import a foreign-built ves.sel, in the 
senfce of purchasing, acquiring a registry or title to, or of using her as his 
own property; the only other absolute prohibitions of Imports on the part 
of the United States being in respect to counterfeit money anfl obscene pub- 
lications or objects. 

With the exception of counterfeit money and obscene publica- 
tions or objects ships are tho only other items of property that 
an Amcric.iJi citizen can not purchase abroad. 



2. An American vessel ceases to be such if owned in the smallest deg-ee by 
any person naturalized in the United States who may, after acquiring .such 
ownership, reside ■' for more than one year In the country in which he origi- 
nated or more than two years In any foreign country, unless such person be 
a consul or other public agent of the United States." 

3. It a native-bom American citizen, for health, pleasure, or any other pur- 
pose, except as a consul of the United States or as a partner or agent in xa 
exclusively American mercantile house, decides to reside ("usually") Iri 
some foreign country, anj; American vessel of which he may be, In all or any 
part, owner at once loses its register and ceases to be entitled to the protec- 
tion of the flag of the United States, even though the vessel may have been 
of American construction and have regularly paid taxes In the United Stales, 
.and the owner himself has no thouglil of linally relinquishing bis American 
citizenship. 

4. Every citizen of the United States obtaining a regi.ster for an American 
vessel nutst maUe oath " that there is no subject or citizen of any foreign 
power or state directly or Indii-ectly, by way of trustor confidence, or other- 
wise, interested in such vessel or in the prollts thereof." 

* # # « « * # 

5. A foreigner may superintend an American factory, run an American rail- 
road, be president of an American college, or hold a commission in the Amer- 
ican Army, but he can not command or be an officer of a registered American 
vessel. 

* **.♦*♦* 

6. No foreign-built vessel. or vessel In any part owned by a subject of a foreign 
power, can enter a port of the United States and then go to another domestio 
port with any new cargo or with any part of her original cargo that has been 
once unladen without havingpreviously voyaged to and touched at some other 
port of some foreign cotintry, under penalty of conHscation. 

******* 

7. An Amei lean vessel once sold or transferred to a foreigner can never be 
brought back again and become American property, not even If the tran.sfer 
has been the restUt of captui-e and condemnation by a foreign power in time 
of war. 

8. A vessel under 30 tons can not be used to import anything at any sea- 
board port. 

9. troods, wares, and merchandise, tho produce of countries east of the 
Cape of Good Hope, when Imported from countries west of the Cape of Good 
Hop^, are subject to a duty of 10 per cent In addition to the duties imposed 
on such articles when imported directly. 

10. If a vessel of the United States becomes damaged on a foreign voyage, 
and is repaired in a foreign port, her owner or master must make entry of 
such repairs at a custom-house of the United States as an import and pay 
a duty on the same equal to one-halt the cost of the foreign work or ma- 
terial, or 50 per cent ad valorem; and this law extends so far as to include 
boats that may be obtained at sea from a passing foreign vessel in order 
to assure the safety of the crew or passengers of the American vessel. 

* ■***-** * 

1 1 . Foreign vessels losing rudder, stern-post, or breaking shaft, and arriving 
in the United States In distress, can not import others to rei>lace these arti- 
cles here without payment of the duty on the same. 

**#»**# 

12. If a citizen of the United States buys a vessel of foreign build which 
has been wrecked on our coast, takes her into port, repairs and renders her 
again servlcable and seaworthy, he can not make her American prriperty, 
unles.s it is proved to the satisfaction of the Treasury Department that the 
repau'.s put upon stich vessel are equal to three-fourths of the cost of the ves- 
sel when so repaired. 

******* 

13. Every vessel belonging to the mercantile marine of the United States 
engaged In foreign trade— vessels eraiJloyed in the tlsheries excepted— must 
pay annually into the Federal Treasury a tonnage tax.at the rate of 30 cents 
per ton. 

Now, if the Senator from Maine desires to make his motion I 
have nothing further to say. 

Mr. PRYE. I renew my motion to lay on the table the amend- 
ment of the Senator from South Carolina. 

Mr. BUTLER. Upon that I call for the yeas and nays. 

The yeas and nays were ordered: anti tho Secretary proceeded 
to call the roll. 

Mr. BUTLER (when his name was called). I have a general 
pair with the Senator from Pennsylvania [Mr. Cameron]. I 
therefore withhold my vote. If he were present I should vote 
"nay." 

Mr. PASCO (when the name of Mr. Call was called). My 
colleague [Mr. Call] is paired with the Senator from Massar 
chusetts [Mr. Hoar]. My colleague is necessarily absent on ac- 
count of business. 

Mr. DOLPH (when his name was called). I am paired with 
the senior Senator from Mississippi [Mr. George]. I call the 
attention of his colleague [Mr. Walthall] to that fact, and ask 
if we can arrange for a transfer of pairs, as was done yesterday. 

Mr. WALTHALL. That ari'ang-ement will he satisfactory to 
me. 

Mr. DOLPH. I vote " yea." 

Mr. HALE (when his name was called). I have ageneral pair 
with the Senator from North Carolina [Mr. Ransom]. If it is 
agreeable to the Senator from Mississippi [Mr. Walthall], I 
will transfer my pair to the Senator from Rhode Island [Mr. 
Dixon], which will enable the Sentttor from Virginia and myself 
to vote. 

Mr. WALTHALL. I will inform the Senator from Maine 
that I have already made an arrangement with the Senator from 
Oregon [Mr. DOLPH] for the transfer of my pair. 

Mr. HALE. Then I shall not vote at present. 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. Morrill]. If the Senator from 
Maine [Mr. Hale] desires to transfer his pair, we can transfer 
our respective pairs and vote. 

Mr. HALE. That may be done. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



4417 



Mr. HARRIS. Then I vote " nay." 

Mr. HALE. I will vote " yea." . 

Mr. MCMILLAN (when his name was called). I am paired 
with the Senator from North Carolina [Mr. Vance]. Not know- 
in'r how he would vote if he wore present,, I withhold my vote. 

Mr. Mcpherson (when his name was called). I am paired 
with the Senator from Delaware [Mr. Higgins], whom I do not 
see in his seat. Not knowing how he would vote, I withhold my 
vote. , , 

The PRESIDENT pco tempore (when Mr. Manderson s name 
was called). The occupant of the chair is paired with the Sen- 
ator from Kentucky [Mr. Blackburn]. . 

Mr. PROCTOR (when his name was called). My pair with 
the Senator from Florida [Mr. Call] has hcen transferred to the 
Senator from Massachusetts[Mr. Hoar]. I therefore vote "yea.' 

Mr. QUAY (when his name was called). I have a general pair 
with the senior Senator from West Virginia [Mr. Faulkner). 
I therefore withhold my vote. 

Mr. SHERMAN (when his name was called). I am p;ured 
with the Senator from Kentucky [Mr. Carlisle]. By an ex- 
change of pairs the Senator from Kentucky may stand paired 
with the Senator from Delaware [Mr. HiGGiNSj, and the Senator 
from New Jersey [Mr. McPherson] and I can vote, it that is 
agreeable. 

Mr. MCPHERSON. That is perfectly satisfactory to me. 

Mr. SHERMAN. I vote "yea." 

Mr. MCPHERSON. I vote "yea." 

Mr. SQUIRE (when his name was called). I am paired with 
the Senator from Virginia [Mr. Daniel], who is necessarily 

absent. ■ ,, ,> ^ • , 

Mr. STOCKBRIDGE (when his name was called). I am paired 
with the junior Senator from Maryland [^Ir. Gibson], but will 
vote if I find my vote necessary to make a quorum. 

Mr. WARREN (when his name was called). I am paired with 
the junior Senator from Georgia [Mr. Gordon]. I will withhold 
my vote unless it is necessary to make a quorum. While I am 
on my feet I wish to announce the pair of my colleague [Mr. 
Carey] with the Senator from South Carolina [Mr. Irby]. 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. Colquitt]. I therefore withhold 
my vote; otherwise I should vote "yea." 

The roll-call was concluded. 

Mr. CULLOM. I have a pair with the Senator from Delaware 
[Mr. Gray], who is absent, and I withhold my vote. If he were 
present I should vote "yea." 

Mr. STOCKBRIDGE. I transfer my pair with the Senator 
from Maryland [Mr. Gibson] to the Senator from California [Mr. 
Stanford], so that the Senator from Maryland will stand paired 
with the Senator from California, and I will vote " yea." 

Mr. SHERMAN. As the Senator from New Jersey [Mr. MC- 
PHERSON] votes the same way I do, I think it would not be right 
for us to make the change of" pairs that was proposed a moment 
ago. 

Mr. PRYE. I think it would be entirely right for the Senator 
from New Jersey to vote, for the Senator from Delaware [Mr. 
HiGGlNS] told me he should vote for the bill right through. 

Mr. McPHERSON. As the point has bseu raised, I think I 
would prefer to withdraw my vote under the circumstances. 

Mr. SHERMAN. Then I withdraw my vote. 

Mr. COCKRELL. Has the Senator from Iowa [Mr. Allison] 
voted? 

The PRESIDENT pro tempore. He has not. 

Mr. COCKRELL. I am paired with liim. If present, I pre- 
sume he would vote " yea," and I should vote " nay." 

Mr. ALLEN. I am usually paired with the Senator from 
Tennessee [Mr. Bate]. Under the circumstances, I think I had 
better withhold my vote unless it is necessary to make a quorum. 

Mr. PELTON. I am paired with the junior Senator from 
Ohio [Mr. Brice]. 

Mr. SHERMAN. In order to make a quorum I am at liberty 
to vote, and I will vote "yea." 

Mr. ALLEN. I vote "yea" to make a quorum. 

Mr. McMillan. I win vote "yea " to make a quorum. 

The result was announced — yeas 31, nays 13; as follows: 



Aldricli, 

Allen, 

Bloagett, 

Casey, 

Chandler, 

Davis, 

Dawes, 

Dolph, 



Berry, 

Coke. 
Harris, 
Joues, Ark. 



YEAS-31. 


Dubois, 


McMillan, 


Frye, 


Mitchell, 


Gal linger. 


Paddock, 


Hale, 


Petler, 


Hausbrough, 


Pettigrew 


Hawloy, 


Power, • 


Hiscock, 


Proclor, 


Kyle. 


Pugh, 


NAYS— 13. 


Kenii,a, 


Pasco, 


Morgan, , 

if^wjDiect 


Turoie, 



Sanders, 

Sawyer, 

Sherman, 

Stewart, 

Stockbridge, 

Teller, 

Washburn. 



Vilas, 

W.ilthaU, 

White. 



NOT VOTING— 43. 




CuUoiu, 


Higgins, 


Quay, 


Daniel, 


Hill, 


Kansom, 


Dixon. 


Hoar, 


Shoup, 


Faulkner, 


Irby. 


Squire, 


Felton, 


Jonns, Nev. 


Stanford, 


George, 


McPherson, 


Vance, 


Gibson, La. 


IManderson, 


Voorhees 


Gibson, Md. 


Mills. 


Wai-ren, 


Gordon, 


Morrill, 


Wilson, 


Gorman, 


Perkins, 


Wolcott. 


<;ray. 


PLatl. 





Allison. 

Bate. 

Blackburn, 

Brice, 

Butler, 

Call, 

Cameron, 

Carey, 

Carlisle, 

Cockrell, 

Cokiuitt, 

So the amendment was laid on the table. 

The PRESIDENT pro tempor.'. The bill is still in Committee 
of the Whole and opon to amendment. If there b3 no further 
amendment as in Committee of the Whole the bill will be re- 
ported to the Senate. 

The bill was reported to the Senate a.3 amended, and the amend- 
ments were concurred in. 

The bill was ordered to hi engrossed for a third reading, read 
the third time, and passed. 

KLAMATH INDI.\N LAND.S. 

Mr. PETTIGREW. I wish to call up and move the adoption 
of the conference report upon the bill (H. R. 3.S) to provide for the 
disposal and sale of lands known as the Klamath River Indian 
Reservation. 

The PRESIDENTprofcmporc. The Chair lays before theSen- 
ate the conference report, which will be read. 
The report was read, as follows: 

The committee of conference on the dIsa::reoiug votes of the two Houses on 
certain amendmetus of the Senate to the bill (H. K. 38) to provide for the dis- 
posal and sale of lands kuoivnas theKlamath River Indian Reservation have 
met, and after full and free conference have agreed to recommend and do 
recoinraeud to their respective Houses as foUov.'s: 
That the, amendment of the Senate be amended as follows: 
On page 3. stri'.te out the word •■ and." at the end of line 8, and strike out 
the word ■' preemption," at the beginning of lino 9. 
Insert the word "stone " after the word " mineral." in line 9. 
After the word ■thereof," in line 31. insert the foUowius: 
■ Provided. That Lands settled upon, improved, and now occupied by settlers 
in good faith by qualified per.sons under the land laws shall bo exempt, from 
such allotments unless one or mora of said Indifius have resided upon said 
tract in good faith for fotu- months prior to the passa!:!e of this act." 

R. F. PETTIGREW, 
H. L. DAWES, 

On the part of the .Senatg. 
THOS. LYNCH. 
JOHN L. WILSON, 
On tfie part of til? House. 

Mr. COCKRELL. I should like to have the bill read as it will 
b3 when the amendments indicated in the conference report are 
adopted. 

The PRESIDENT pro tempore. It will take time to prepare 
the bill in that form. 

Mr. COCKRELL. The Senator from South Dakota can call it 
up at any time. In the mean time let the clerks prepiire the 
bill so that it will show just how it will read as it has been 
agreed to in conference, and then we shall understand it. 
°Mr. HARRIS. I wish to make a suggestion to the Senate 
conferees. That is a very singular conference report. It sim- 
ply asserts " that the amendment of the Senate be amended as 
follows." It does not follow the usual form in showing that the 
House recedes from its disagreement to the Senate am.^ndment, 
and agrees to the same with an amendment. I do not know how 
material it may be, but I have never sesn just such a conference 
report presented to either House of Congress before. 

I suggest to the conferees that I think it would be very much 
better" to conform it to the usual form of a conference report, 
showing that the House rcc3des from its disagreement to the 
Senate amendment, and agrees to the same with an amendment. 
I shall make no motion about it, but it seems to mo that it would 
be well to recommit it to the conferees and have the report 
changed so as to conform to the usual form. The report does 
not show that the House has receded from its disagreement to 
the Senate amendment. 

Mr. PETTIGREW. I will withdraw the conference report. 

The PRESIDENT pro tempore. The Senator from South Da- 
kota withdraws the conference report. 

SENATE CLERICAL FORCE. 

Mr. ALDRICH. I ask unanimous conso-nt to submit r. series 
of resolutions, and I ask for their present consideration. If the 
resolutions lead to any discussion I shall not press them. 

The resolutions were read, as follows: 

E-solved, That the office of principal executive clerk of the Senate is hereby 
abolished, and that the Secretary of the Senate Is authorized and directed to 
appoint an additional clerk at an anuual salary of .K.400, to be paid out of the 
contingent fund of the Senate for the remainder of the fiscal year, and that 
theCommittee on .\pproT)riations are instructed to provide in the le.:;islative, 
executive, and in licial appropriation bill for the annual pay of such clerk. 

Resolved. That the Secretary of the Senate shall detail from his force a 
competent reading clerk; and that the entire clerical force of the .Senate in 
the Secretary's oBlce, mcluding the Chief Clerk, be under the control and di- 
rection and subject to appointment and removal by the Secretary of the 
Senate. 



XXIII- 



-277 



4418 



CONGRESBIONAL RECORD— SENATE. 



May 19, 



The PRESIDENT p7-o tempore. Is there objection to the pres- 
ent consideration of the resolutionsV 

Tho resolutions were considered by unanimous consent, and 
agreed to. 

RIVER AND HARBOR BILL. 

Tlic PRESIDENT 2)ro temiwre. The Chair lays before tho 
Senate the unfinished business, -which is the bill(S.240!>) to pro- 
vide for the punishment of violati(5ns of treaty rights of aliens. 

Mr. PRYE. I ask tliat that be temporarily laid aside, and that 
the Senate proceed to the consideration of the river and harbor 
bill. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to the consideration of the bill (H. R. 7820) 
making appropriations for the construction, repair, and preserva- 
tion of certain public works on rivers and harbors, and for other 
purposes, which liad been reported from the Committee on Com- 
merce with amendments. 

Mr. PRYE. I ask that tho formal reading of the bill be dis- 
l^ensed with and tliat the amendments of tho committee be acted 
upon as they are reached. 

The PRESIDENT pro tempore. The request of the Senator 
from Maine will he agreed to, if there be no objection. 

Mr. HALE. The same course is to be pursued as in the case 
of the regular appropriation bills? 

The PRESIDENT pro tempore. The Chair hears no objection, 
and such course will be j^ursucd. 

Mr. Mcpherson. I sent to the desk this morning a motion 
that I intended to make touching tho consideration of the river 
and harbor bill when it was called up. I.should like to have that 
motion read. 

Mr. PRYE. I have no objection, if the Senator desires that 
we shall take that course. 

Mr. Mcpherson. I think it is infinitely better for the prog- 
ress of the ))ill, and it will be much easier for the question to be 
understood before wc proceed to its consideration. 

Mr. PRYE. I understand that unanimous consent has been 
given, as is geaeral in reference to appropriation bills, that the 
amendments of the Committee on Commerce .shall be acted upon 
as they are reached in the reading of the bill. 

Tiie'PRESIDENTpro ?f))ij;o/-c. Such has been the order of 
the Senate. The motion to recommit the river and harbor bill, 
referred to by the Senator from New Jersey, will bo read by the 
Chief Clerk. 

The Chief Clerk read as follows: 

Movfd, Thn,t Hoii3e ot Representatives 1)111 No. 78C0. malclng .appropria- 
tious for the ooiistruction. repair, aud preservation of certain public works 
on rivers and harbors, and for other purposes, be recommitted to the Com- 
millce on Commerce, with Instruction to report the same back to the Senate 
wltli such amendments as will exclude from the bill all authorization for 
new contracts lor materials and work, and proportionally reduce by 50 per 
cent ihe entire amount therein appropriated. 

Mr. Mcpherson. Mr. President, I have somewhere heard 
it .said that the expenditures of tho Government were in excess 
ot its rec?ipts and the Treasury is in a condition bordering on 
bankruiitcy. 

I have heard it stated upon this floor repeatedly in the lastfew 
days that owing to the legislation of a former Congress the ex- 
penditures of the Government to b.i provided for at this session 
were necessarily in excess of the tijjpropriations In tho first 
session of the Fifty-first Congress, popularly known as the bil- 
lion-dollar Congress. If all this be true, and I find no reason to 
doubt it, speaking for myself here and now, I declare myself un- 
alterably opposed to the whole policy of tho pending bill in that 
it continues the vicious system which v/ill inevitably bind the 
C.ongress which follows this to still greater appropriations from 
the Treasm-y, and to meet wliioh involves still greater taxes 
upon the people. 

The river and harbor bill now pending has no precedent in the 
amount of money it appropriates and pledges in the legislation 
of this or any other country. The amount of money necessary 
to carry out its completed purpose is indeed frightful; and it is 
a source ot infinite regret that it is to become a law with the active 
approval ot a party pledged to reduce tho expenditures of the 
Government and lighten tho burdens upon the people. 

A Senator who sits near me, always cai-etul and correct in his 
figures, hands me a statement giving the per capita expenditures 
of the Government in ISGO at $2.20; in 1892 the per capita ex- 
penditures are $9.09. 

Turning to this bill T find direct appropriations of over twenty- 
two luillions, and authorization for now contracts for work and 
material of over thirty-three millions more, in all fifty-five mil- 
lions. 

Mr. PRYE. Running over how many years, will the Senator 
state? 

Mr. Mc'PHERSON. It is no answer to say that because the 
money is not to be all expended this year it is therefore no lien 



upon the Treasury. It is well known to every Senator, and to 
none bettor than the Senator from Maine- [Mr" Frye], that it is 
tlio practice of this Government in all its departments to mako 
contracts whenever authorized to do so by Congress, and it is as 
well the practice of Congress as it is the dutj- of Congress to 
provide means for their faithful execution. Congress has the 
power to levy taxes and to spend money, and there is no fear it 
will not do both if this bill is passed. •> 

I appeal to both sides of this Chamber to sto]) in this mad 
career; to .send this bill back to the committee with the instruc- 
tions contained in my motion, which are to exclude from the bill 
all autlioi'ization of new eonti'acts for material aud work, which 
strikes out at» once thirty-three millions, and to reduce the ap- 
propriations by o() per cent, which will i-educe the bill eleven 
millions more. This will leave eleven millions in the bill with- 
out changing in any particular the objects to which it is to be 
applied. This will give more money than can be judiciously e.x- 
pended before Congress will again meet, and if it shall then ap- 
jiear that more money is needed to ])rotect improvements being 
made or for new work, it may then 1x5 given. 

Of late years Congress is usually in session one-half the time 
of each Congressional term, and no great public Inlprovement 
need suffer for proper attention by Congress. The policy into 
which we have drifted of making monster appropriations, cover- 
ing a period of two years of expenditure and contracts for a still 
longer period is, in my opinion, wasteful and injudicious, as there 
can 1)6 no supervision of the work and no comparison of work 
with cost of same by the lawmaking power, a policy no intelli- 
gent experienced business man would think of Etdopting in his 
business for a single moment. 

Mr. DOLPH. Mr. President 

Mr. PRYE. One moment. 

Mr. DOLPH. I yield to the Senator from Maine. 

Mr. FRYE. I simplj- wish to say that as in the progress oi 
this bill whatever the Senator from New .lersey has said will te 
replied to, I do not desire to make any reply at the present time. 

Mr. DOLPH. I move to lay the motion to recommit on the 
table. 

The PRESIDENT pro tempore. The Senator from Oregon 
moves that the motion to recommit the bill be laid on the table. 

Mr. MCPHERSON. Upon that question I ask for the yea.s 
and nays. 

The yeas and nays were ordered, and the Secretari' proceeded 
to call'the roll. 

Mr. BUTLER (when his name was called). I have a general 
jmir with the Senator from Pennsylvania [Mr. Cameron], but I 
am informed by his colleague that he would vote "yea " on this 
proposition and I vote ''yea." 

Mr. WALTHALL (when Mr. George's name was called). 
]My colleague [Mr. Geokue] is 2)aired on this question with the 
Senator from Rhode Island [Mr. DixonJ. 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. MoHKiLL]. If he were present 
I should vote "nay."' 

Mr. McvNHLLAN (when his name was called). I am paired 
with the Senator from North Carolina [Mr. Vance]. I suggest 
to the Senator from Tennessee that we exchange pairs and vote. 

Mr. HARRIS. That is satisfactory to me. 

Mr. MCMILLAN. I vote " yea." 

The PRESIDENT j}/o (<?»ijjort' (when Mr. Manderson's name 
was called). The occupant of the chair is paired with the Sena- 
tor from Kentucky [Mr. Blackburn]. 

Mr. PROCTOR (when his name was called). The same trans- 
fer of paii-s holding good, I vote "yea." 

Mr. QUxVY (when his name was called). Being informed by 
his colleague that the junior Senator from West Virginia [Mr. 
Faulkner], with whom I have a general pair, would vote in the 
affirmative on this question. I vote ''yea." 

Mr. SHERMAN (when his name was called). I am paired with 
the Senator from Kentucky [Mr. Carlisle]. 

i\Ir. TURPIE (when his iiame was called). I am paired gener- 
ally v.'ith the Senator from Minnesota [Mr. Davis]. If he were 
pre.sent I should vote '" nay." 

Mr. WARREN (when his name was called). I am jiaired with 
the junior Senator from Georgia [Mr. Gordon]. I wish to an- 
nounce the pair of my colleague [Mr. Carey] with the Senator 
from South Carolina JMr. Irby]. 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. Colquitt]. I am informed tliat 
ho would vote "yea" on this proposition, and I therefore feel at 
liberty to vote ''yea." 

The" roll call was concluded. 

Mr. CULLOM. I am paired with the Senator from Delawar. 
[Jlr. Gray]. If he were present I should vote "yea." 

Mr. HARRIS. Under the agreement with the Senator from 
Michigan [Mr. I\IcJiIillan] to transfer pairs, I transfer my pair 



1892. 



CONGRESSIONAL RECORD— SENATE. 



4419 



to the Senator from North Carolina [Ur. Vance] and record my 
vote. Ivote"na}-." . . 

Mr. SQUIRE. I am paired with the Senator from Virginia 
[Mr. Daniel]. If ho were present I should vote "yea." 

The result was announced— yeas 42, nays 6; as follows: 



AWrlcli, 

Allen. 

Berry. 

Butler, 

Ca.ser. 

Chauaier, 

Coke, 

Dawes, 

Dolph. 

Dubol.9, 

Felton, 



Harris. 
Kyle. 



Allison, 

B»te. 

Blackburn, 

Blodgett, 

Brice, 

Call. 

Cameron, 

Carey, 

Carlisle, 

Cocl;reU. 



YEAS-42. 

Frye, Mltcliell, 

Galllnger, Morgan. 

Gorman, Pasco, 

Hale, Poller, 

Hausbrough, Perkins, 

Hawley, Power, 

■^ Hiscock, Proctor. 

Sj Jones, Ark. Pugh, 

-a Kenna, Quay, 

r- McMillan. Sanders, 

-Z: Mills, Sawyer, 



NAYS— 6. 
Palmer. 



S McPUerson, 
Paddock, 

"5 NOT VOTINO-39. 

<!> Colquitt, Gray, 

■^Cullom, Higglns, 

~^ Daniel, Hill, 

T^ Davis, Hoar, 

Dixon, Irby, 

'— Faulkner, Jones, Nov. 

O George, Manderson, 

La- Gibson, La. Morrill, 

Gibson, Md. Pettigrew. 

Gordon. Piatt. 



Shonp, 
Stewart, 
Stockbridge, 
Teller, 

Vest. 

WaltUall, 

White, 

Wilson, 

Wolcott. 



Vilas. 



Ransom. 

Sherman, 

Squire, 

Stiinford, 

Turple. 

Vance, 

Voorliee.^, 

Warren, 

WasUbm-n. 



So the motion to recommit was laid on the table. 

The PRESIDENT pro tempore. The bill will be read for ac- 
tion upon the amendments of the committee. 

The Chief Clerk proceeded to read the bill. 

The first amendment reported by the Committee on Commerce 
was. in section 1, on page 1, line 11, before the word " thousand," 
to strike out "six'' and insert "twelve;'' so as to read: 
Improving harbor at Camden, Me. : Continuing improvement. $13,000. 

The amendment was agreed to. 

The next ameudmentwas, in section 1, on page 2, inline 7, after 
the word "Maine," to strike out " Continuing" and insert "Com- 
pleting;" and in lino 8, after the word " improvement," to strike 
out "t'wenty"and insert "thirty;" so as to make the clause read: 

Improving harbor at Portland. Me. : Completing improvement. $30,000. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 2, line 12, be- 
fore the word " thousand," to strike out " twenty " and insert 
" fifty; " so as to make the clause read: 

For conslniotlon of breakwater from Mount Desert to Porcupine Island, 
Maine: Continuing improvement, $50,000. 

The amendment was agreed to. 

The reading was continued to the bottom of page 2. 

Mr. FRYE. I am instructed by the committee to move, on 
page 2, line !!•, to strike out the words "one hundred and forty- 
five thousand dollars " and insert in lieu thereof "by deepening 
and widening the main channel to a depth of 27 feet and a width 
of 1,000 feet, $300,000." 

The PRESIDENT pro tempore. The amendment will be re- 
ported. 

The Chief Clerk. On page 2, line 19, it is proposed to strike 
out the words "one hundred and forty-five thousand dollars" 
and insert: 

By deepening and widening the main channel to a depth of SI feet and a 
width of 1,000 feet, $300,000. 

So as to read: 

Improving harbor at Boston, Mass. : Continuing improvemsnt by deepen- 
ing and widening the main channel to a depth of 27 feet and a width of 1.000 
feet, 1300,000, of which $10,000 may, in the discretion of the .Secretary of 
War. be used in the further prosecution of the work in Nantasket Beach 
Channel, and 535,000 in extending main ship channel from Its termination at 
the southeast corner of Grand Junction wharf eastw.ardly towards Jeflroys 
Point, 

The amendment was agreed to. 

The reading of the bill was resumed. The next amendment 
of tlieCommitteeonCommcrce was, insectionl,onpago4,in line 
11, after the word " Massachusetts," to strike out "Continuing" 
and insert "Completing;" and in line 12, after the word " im- 
provement,"' to strike out " ton "and insert "fourteen; " so as to 
make the clause read: 

Improving harbor at Salem, Mass.: Completing improvement, $14,000. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 4, line 16, after 
the worfl. "Neshawana,'' to insert " completing improvement;" 
and in line 17, after the word "thousand," to insert "eight hun- 
dred;" so as to make the clause read: 

Improving Canapitsit Channel. Massachusetts, between the Islands of 
Cut'.yhimk :ind Neshawana, completing improvement, $1,800. 

The amendment was agreed to. 



The next amendment was, in section 1, after line 17, to insert: 
Imprortug harbor at .Scltuate. Mass. : Continuing improvement, $10,000 

The amendment was agreed to. 

The next amendment was, in section 1, after line 19, to insert; 
Improving harbor at Winthrop, Mass. : Continuing improvement. $3,000 

The aiuendment was agreed to. 

The next amendment was, in section 1, on page 4, after lino 
21, to insert: 

Improving harbor at King,^tou. Mass.. and the approaches to the public 
wharves of said port and of North Plymouth. SIO.OOU. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 4, in line 25, 
after the words "Rhode Island,'' to strike out "continuing" and 
insert "completing;" and on page 5, line 1, after the word ''im- 
provement,'' to strike out " fifteen" and insert "twenty-four; " 
so as to make the clause read. 

Improving harbor at Block Island, R. I.: Completing Improve:nent. Hi.- 
000, 

The amendment was agreed to. 

The next amendment was, in section 1, on page 5, in line .'J, after 
the word "improvement," to strike out "ten" and insert 
"twenty-five;'' so as to make the clause read: 

Improving harbor at Newport, R. I., including the remo\'al of the spit at 
the south end of Coat Island: Continuing improvement. f'S.OOO. 

The amendment was agreed to. 

The reading of the bill was continued to line 14 on page ■'). 

Mr. FRYE. I am iustruct?d by the committee to offer an 
amendment to the paragraph just read. After the word "con- 
struction," in line 1, I move to strike "one hundred" and insert 
" seventy-five," and in lino 12. after the words "one million and," 
to strike out "seventy -five" and insert "one hundred.'' 

The PRESIDENTiJi'Oto»^JO/'c. The amendment will Ijc stated. 

The Chief Clb;rk. In hue 7, page 5, it is propo.-sed to strike 
out "one hundred" and insert " seventy-five," and in line 12, 
after the word "and," to strike out "seventy-five" and insert 
"one hundred;" so as to make the cla'ase read: 

Constructing harbor of refuge at Point Judith. R. I. : Contluulog construc- 
tion. $75,000: Provided, That contracts may be entered into by the .Secretary 
of War lor stich materials and work as may be necessary to complete the 
present project of improvement, to be paid for as appropriations may, from 
time to time, be made by law, not to exceed in the aggregate*!. 109,000, exclu- 
sive of the amount herein and heretofoi'e appropriated. 

The amendment was agreed to. 

The reading of the bill was resumed. The next amendment, 
of the Committee on Commerce was, in section 1, on page 6, in 
line 8, after the word " improvement," to strike out "thirty" 
and insert " thirty -five; " so as to make the clause read: 

Improving harbor of refuge at Duck Island, on Long Island Sound, Conn. : 
Continuing improvement. K»,000, 

The amendment was agreed to. 

The next amendment was, in section 1, on page fl, after line 14, 
to insert: 
Improving harbor at Cos Cob and Miamus River. Couue«icut. $7.00). 

The amendment was agreed to. 

The next amendment was, in section 1, on page G, in line 18, 
before the word "hundred," to strikeout " three " and insert 
"two;" and after the word ''hundred," to insert" and twenty- 
five; '' so as to make the clause read: 

Improving harbor at Buffalo. N. Y.; Continuing improvement, $2i5.000. 

Mr. PL.\TT. I do not know what the rule is, Ijut my col- 
league desires to move an amendment to inci-ease the amount for 
the harbor at New Haven. 

Mr. FRYE. I have just stated to the Senator's colleague that 
that would be in order after the committee amendments are 
completed. 

The reading of the bill was continued to page 7, line 11. 

Mr. FRYE. On page 7, in line 10, after the word "creek," 

I move to strike out the words " and Bay Ridge;" so as to read: 

ImprovingGowaniis Bav channels. New York : Continuing improvment, 

SIOO.WO. for distribution by allotment between the Red Hook and Gowanus 

Creel; channels, at the discretion of the Secretary of War. 

The amendment was agreed to. 

:Mr. FRYIC. I am instructed by the committee to move the 
insertion of the amendment which I send to the desk. 
The PRESIDENT pro tempore. The amendment will be read; 
The Chief Clerk. On page 7, after liue 11, insert: 

Improving Bay Ridge Channel. New York Harbor. Now Yoii:: Contin- 
uing improvement, br dredging out and opeiung the same from a point at 
its .iunctiou with thc'Gowanus Creek Channel (near Twenty-eighth street), 
southerlv therefrom along and in front of Gnwanus Bay aud Bay Kidge to ;i 
point where the said Bay Kidgo Channel, so to be oiwned. encotnUer.s a '.IS- 
fool contour or depth of water, so that the channel, so to be opened, sliall 
be of a imStorm depth of 20 feet and a width of 800 feet at low water. $i00,()09. 
J'rovidei!, That contracts may be entered iuto by the Secretary of War for 
such materials and work as may be necessary for thecompletlou ol the above 
project, to be paid for as appropriations may from time to time be made by 
law, not to exceed in the aggregate -$574,400, cxclusi^•e of the amount herein 
I appropriated. 



4420 



CONGRESSIONAL RECORD— SENATE. 



lilAY 19, 



The amendment was agreed to. 

Tho reading of the bill was continued to line 22, on page 7. 

Mr. FRYE. On page 7, line 22, 1 move to strike out " thirty," 
and insert " forty," so as to read: 

ImproTlng harbor at O.r.veao, N. Y. : Conliuulng iiiiprovenient, $40,000. 

The amendment was agreed to. 

The reading of tlio bill was resumed. The next amendment 
(if the Co.iimittee on Commerce was, in section 1, on page 8, after 
line 2.'i, to insert: 

Iiuprovina Jamaica Bay, New York: Coraploting improvement in accord- 
ance with plan numbered 'A of Lieut. Col. Gillespie, Corps of Engineers, sub- 
mitted December lii, 1890, !89.460. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 9, line 5, after 
tho word ''improvement" to strike out "forty" and insert 
"twenty;" so as to make the clause read: 

Improving harbor at RaritauB.iy, New Jersey; Continuing improvement, 
KO,0OO, one-halt of which, in the discretion of the Secretary of War, may be 
used in dredging bar between South Amboy and Great Beds Light. 

Mr. FRYE. I am instructed by tho committee to ask the Sen- 
ate to disagi'ee to that amendment. 

Tho PRESIDING OFFICER (Mr. Harris in the chair). The 
question is, Will tho Senate agree to the amendment? 

The amendment was rejected 

The reading of the bill was continued. The next amendment 
of the Committoo on Commerce was, in section 1, on page 9, after 
line 11, to insert: 

The material removed in improving t'no harbor of Philadelphia, Peunsyl- 
vania and New Jersey, in accordance with the plan adopted by Congress in 
the act of September 19, 1890, under appropriations heretofore made, or any 
part of said material, may be ilepositcd in any place or places approved by t he 
engineer otttcer in charge of the work: Y-'/'oy/'/tv/, That the full amount of 
material tn be deposited and spread on League Island, as provided for under 
i 111' existin;j: contract, shall be so deposited and spread before the completion 
of the work covered by the contract; and all acts or parts of acts inconsistent 
or in conflict with this provi.sion are hereby repealed. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 9, in line 25, 
after the word " impi-ovement," to strike out "fifty" and insert 
"one hundred;" so as to make the clause road: 

Improving Delaware Breakwater, Delaware; Continuing Improvement, 
$100,000. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 10, in line 18, 
in the clans j providing for " improving harbor at Capo Charles 
City, Va., after the word " provided," to strike out: 

That no part of this sum shall be expended until the owners of the basin 
forming the harbor, and the channel or c;inal leading thereto, or connecting 
said h;irbor with Cherrystone Inlet, shall have executed a good and sufflcieut 
d'fd to the United States to said basin and the approach thereto, up to mean 
low-w;iter mark; the said conveyance to be approved by the Attorney-Gen- 
eral I'f tho United States and accepted on behalf of the United .States by the 
Secretary of War, and to be in all respects equivalent to a dedii'atiou to the 
public; and imtU the owners of said basin shall have dedicated to public use, 
by proper deed or conveyance, a public lauding upon and along the shore of 
the s;iid basin, at some suitable and eligible point, to be approved by the 
Secretary of War. of not less than one acre in are.a with a water frontage of 
not less than ;iOO feet, together with an approach to said lauding from the 
nearest public highway of not less than 40 feet in width. 

And insert: 

That before .my (lovernmeut money shall be expended in the improvement 
of this liarnor. or :iny of its approaches, the said New York, Philadelphi;t and 
Norfolk Kailroad Company shall execute and tile with the Secretary of War 
a paper satisfactory to said Secretary of War, giving to any and all vessels, 
upon any and all oc(?asions. for all time to come, the right to enter and re- 
main in s;iid harbor, and transact busijiess therein withoxit charge, except 
legitimate, ttsual, and reasonable w^harf charges. 

Mr. FRYE. In line 12, before the words '' New Yoi'k," I move 
to strike out the word " said." 

Mr. BUTLEIt. What amendment is thatV 

The PRESIDING OFFICER. In line 12, page 11, of the com- 
mittee's amendmeut, to strike out the word "said." 

Mr. FRYE. It is a more verbal amendment. 

The amendmeut to the amendment was agreed to. 

The amendment as amended was agreed to. 

Tlie reading of the bill was resumed. The next amendiient 
of the Committee on Commerce was, in section 1, on page 11, in 
lino 23, after the word "improvement," to strike out ''three" 
and insert "two;" so as to read: 

Imi)roving harbor at Charleston, Including Sullivan Isl.and :iud Motmt 
Pleasant Shore, South Carolina: Continuing imx^rovement, ^^O'l.OOO. 

Mr. BUTLER. May I inquire what the object of that amend- 
ment is'y What is tho reason for it? 

Mr. FRYE. Simply this. The discussion in the Senate a day 
or two since showed that it was the dvity of Congress to make no 
appropriations which were not necessary. In the opinion of the 
Committee on Commerce all of the appropriations which wore 
made where contracts were pi'ovided for to complete could with- 
out any injury at all to the works or to the progress of the works 
be reduced. The consequence was that we reduced all of them 
alike 25 per cent. 

Mr. BUTLER. All where contracts had been provided for? 



Mr. FRYE. All where contracts were provided for. 

Mr. BUTLER. I do not know that I have any right to make 
any objeetion to the course pursued, and yet I do not like to see 
that approi^riation cut down. 

Mr. CULLOM. It will not hinder the work a bit. 

The PRESIDING OFFICER. The question Is on agreeing to 
the amendment of the committee. 

Tho amendment was agi'ced to. 

The reading of tho bill was resumed and continued to page IJ. 
line 5. 

Mr. FRYE. On page 12, line 3, I move to insert " nine hun- 
dred and fifty-three," striking out "eight hundred and seventy- 
eight.'' This is rendered necessary by the amendment ju-t 
m.ide. It will then read, "not to exceed in the as^grogti! ■ 
$1,953,000." 

The amendment was agreed to. 

Mr. FRYE. Now, turning back, in line 23, page 11, 1 move to 
insert, after the word " hundi-ed," the words "and twenty-five," 
making- the amount $225,000. 

The PRESIDING OFFICER. The amendment will be state!. 

The Chief Clerk. On page 11, line 21, after the word " luei- 
dred," insert the words "and twenty-five; " so as to read: 

Improving harbor at Charleston, including Sullivan Island and Mo i 
Pleasant Shore, South Carolina; Continuing improvement. S22xUOi. 

The amendment was agreed to. 

The reading of the bill was I'osumed. The next amendment 
of the Committee on Commei'ce was, in section 1, on page 12, in 
"line 13, before the word " thousand," to strike out "one hun- 
dred and twelve" and insert "two hundred;'' and after ' thou- 
sand," to strike out " five hundred;" so as to make the clause 
read: 

Improving Cumberland Sound, Georgia; Continuing improvement, ?2'.H),- 
000. 

The amendment was agreed to. 

The next amendment was, in section 1, on page 12, line 10, 
before the word "hundred," to strilce out ''four" and insert 
"three:" and after the word "hundred," to strike out "and 
twenty-five; " to as to make the clause read: 

Improving harbor at Savannah, Ga ; Continuing improvement, $.'500.0;)0: 
Provided, That contracts may be entered itito by the Secretary of W;tr for 
such materials and work as may be necessary to'compl-te the present proj- 
ect of improvement, to be paid for as ai>propriations m;iy from time to time 
be made by law, not to exceed in the aggregate *->,79:.'.0OO, exclusive of the 
amount herein and heretofore appropriated. 

Ml'. FRYPl In lino Ki, after the word " improvement" in- 
stead of " $.300,000 " I move to insert " $318,750: '' so as to read: 

Improving harbor at Savannah, Ga. ; Continuing ituprovement $.'il8.7.i0. 

The amendment to tho amendment was agreed to. 

The amendment ;is amended was agreed to. 

Tho reading of the bill was continued to lino 23, page 12. 

Mr, FRYE. In line 21, after the word "million," I move to 
strike out " seven hundred and ninety-two"" and insert '' eight 
huntlred and ninety-eight thousand two hundre;l and twenty;" 
so as to make the proviso to the appropriation for improving 
the harbor at Savannah read: 

Promdfd, That contracts may be entered into by the Secretary of War (or 
such jnaterials and work its may be necessary to complete thepresen' jiro' 
of imjn'ovement, to be paid for "as ai)propria"tions may from time to tini 
made by law, not to exceed in the aggreg;ite ¥2,898, --0. exclusive of the ainoi , , 
herein and heretofore ajipropritited. 

The amendment was agreed to. 

The reading of the bill was coiitinuod. The noxt amendment 
of the Committee on Commerce was, in section 1, on page 13. in 
line 14, before the word "hundred,"" to strike out "three" and 
insert " two;" so as to make the clause read: 

Improving h.arbor at Mobile, Ala. : Continuing improvement, JtBO.OOO: /'• "- 
i-ideil. That contracts may b3 entered into by the Secretary of War for .■, ■. 
materials and work as may be necess.ary to complete the present projc : 
improvement, to be p.aid for as appropriations may from time to time . .: 
made by law, not to exceed in the aergregate $1,093,800, exclusive of the:imounl 
herein and heretofore appropriated. 

Mr. FRYE. I offer an amendment to that item. 

Tho PRESIDING OFFICER. The amendment to the amend- 
ment will be stated. 

Tho Chief Clerk. On page 13, line 1-1, strike out " twohun- 
dred and fifty thousand," and insert in lieu thereof " two hui- 
dred and sixty-two thousand five hundred;"' in lines 19 and ;''l 
strike out " one million niuety-throe thousand eight hundred," 
and insert in lieu thereof ''one million one hundred and eigl.l..- 
one thousand three hundred;" so as to make the clause read: 

Improvingharbor at Mobile, Ala. ; Continuing improvement. '$2o'2,-^>00: /'. 
vidfd. That'contracts may be entered into by the Secretary of War for s\: , 
materials and work as may be necessary to complete the pressu; pro.iec i " 
improvement, to be paid for as api)ropriatioa.s may from time to tim- ' 
made by law, not to exceed in the aggregate II. 181,.'»0, e.xclu.sive of tiie amor 
herein and heretofore approi^riated. 

The amendment to the amendment was agreed to. 

The amendment as amended was agi'eed to. 

The reading- of the bill was continued to piige 14, line 2. 



1892. 



CONGEESSIONAL RECORD— SENATE. 



4455 



riaii Church of College Springs, and of the First Congreg-ational 
CUui-ch of Sheldon, all in the State of Iowa, praj-ing that the 
World's Columbian Exposition be closed on Sunday and that the 
sale of intoxicating liquors be prohibited thereat; which v.-ere 
referred to the Committee on the Quadro-Centenuial (Select). 

Mr. PADDOCK presented a memorial of the Epworth Meth- 
odist Episcopal Church of Lincoln, Nebr.. remonstrating- against 
the opening of the World's Columbian Exposition on Sunday 
and the sale of intoxicating liquors thereat: which was referred 
to the Committee on the Quadro-Centonnial (Select). 

He also presented the petition of J. H. Weaver and 75 other 
citizens of Wayne County, Nebr.. praying for the passage of the 
Washburn-Hatch antiojjlion bills; which was referred to the 
Committee on the .Judiciary. 

i\Ir. SHERMAN presented a memorial of 1-t citizens of Lick- 
ing County, Ohio, remonstrating against Congress taking any 
steps towards closing the World's Columbian Exposition on Sun- 
day; which was i-eferred to the Committee on the Quadro-Cen- 
tennial (Select). 

He also presented petitions of sundry churches of Ohio, and a 
petition of citizens of Auburn. Ohio, praying for \\\s closing of 
the World's Columbian Exposition on Sunday and that the sale 
of intoxicating liquors be ju-ohibited thereat: which were referred 
to the Committee on the Quadro-Centenial (Select). 

He also presented the following petitions of Ruggles and Ma- 
rion Granges, Patrons of Husbandry, of Ohio: 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products— referred to the Committee on the 
Judiciary. 

Petitions praying for the passage of a bill to prevent the adul- 
teration of foods and drugs — ordered to lie on the table. 

Mr. DAWES presented a petition of citizens of Williamsburg, 
Mass., praying for the passage of legislation for the free deliv- 
ery of mails in rural districts: which was referred to the Com- 
mittee on Post-Offices and P'ost-Roads. 

Mr. COCKRELL. I desire to present proceedings of the 
Board of Trade of St. Joseph, Mo., at a special meeting in regard 
to the Torrey bankrupt bill, and also other indorsements of the 
bill from others, and interviews with leading citizens of .St. Jo. 
I heretofore presented a memorial from a portion of the citizens 
of that city and members of the Board of Trade, remonstrating 
against that bill. I am requested to ask that this ma_y be jjrinlod 
as a separate miscellaneous document. 

The PRESIDENT pro tempore. The document referred to will 
be printed, and referred to the Committee on the Judiciary. 

Mr. COCKRELL presented a petition of the Presbyterian 
Church of Avalon, Mo., praying for the closing of the World's 
Columbian Exposition on Sunday and that the sale of intoxicat- 
ing liquors be prohibited thereat; which was referred to the 
Committee on the Quadro-Centennial (Select). 
• He also presented three petitions of the Methodist Episcopal 
Church of Montgomery City, ^lo., praying for the closing of the 
World's Columbian Exposition on Sunday and that the sale of 
intoxicating liquors be prohibited thereat: which were referred 
to the Committee on the Quadro-Centennial (Select). 

Mr. TURPIE presented a memorial of citizens of Hamilton 
County, Ind., remonstrating against the passage of any legisla- 
tion closing the World's Columbian Exposition on Sunday and 
committing the Government to a course of religious legislation; 
which was referred to the Committee on the Quadro-Centennial 
(Select). 

He also presented a ijetition of the Shiloh Baptist Church of 
Rising Sun, Ind., praying for the closing of the World's Colum- 
bian Exposition on Sunday and the prohibition of the sale of in- 
toxicating liquors thereat; which was referred to the Committee 
on the Quadro-Centennial (Select). 

Mr. CULLOM presented sundry petitions collected bj"the Na- 
tional Woman's Christian Temperance Union of Illinois, praying 
that no exposition or exhibition for which appropriations are 
made bj- Congress shall be opened on Sunday; which were re- 
ferred to the Committee on the Quadro-Centennial (Select). 

He also presented pctitionsof the Methodist Episcopal churches 
of Martinsville, Minier, Bowen, Del Rey, Paloma, and Moline: 
of the United Presbyterian Church of Alexis; of the Baptist 
Church of Ontario: of the Presbyterian Church of Troy, all in 
the State of Illinois, praying for the closing of the World's Co- 
lumbian Exposition on Sunday and the prohibition of the sale of 
intoxicating- liquors thereat; which were referred to the Com- 
mittee on the Quadro-Centennial (Select). 

Mr. BLACKBURN presentedamemoi'ialof the Presbytery of 
Louisville, Ky., remonstrating against the passage of legislation 
substituting the licensed liquor traffic in Alaska; which was re- 
ferred to the Committee on Territories. 

Mr. PLATT presented a memorial of citizens of Torrington, 
Conn., remonstrating against the commitment of the Govern- 
ment to a union of church and stats by the passage of any legis- 
lation closing the World's Columbian Exposition on Sunday: 



which was referred to the Committee on the Quadro-Centennial 

(Select). 

He also presented j);titlons of tlic Congregational churches of 
Old Saybrook, Thompson, Wolcott, and New Haven, in the State 
of Connecticut, praying for the closing of the World's Columbian 
Exposition on Sunday, and that the sale of intoxicating liquors 
be prohibited thereat: which were referred to the Committee on 
the Quadro-Centennial (Select). 

Mr. PASCO presented a petition of the First Presbyterian 
Church of Paola, Fla.. praying for the closing of the '(Vorld's 
Columbian Exposition on Sunday, and that the sale of intoxicat- 
ing liquors be pi-ohibited thereat: which was referred to the 
Committee on the Quadro-Cent:;nnial (Select). 

Mr. VEST presented petitions of the First Methodist Episco- 
pal Church and Bothwell Chapal of Breckenridge; of the Metho- 
dist Piotestant and Methodist Episcopal churches of Powers- 
villo, and of thj Presbyterian Church of Avalon, all in the State 
of Missouri, praying for th? closing of ths World^s Columbian 
Exposition on Simday and th; prohibition of the sale of intoxi- 
cating liquors thereat: which were referred to the Committee 
0-1 the Quadro-C?nten!iial (S.-lect). 

Mr. QUAY presented the following iwtitions of sundry religi- 
ous congregations of Pennsylvania, praying that Congress make 
proijer appropriations for the World's Columbian Exposition 
on condition that positive and definite guarantees are given that 
th3 Exposition shall h? clossd on Sundays and the sale of all in- 
toxicating liquors will b:; prohibited thereat: 

Petitions of the Presbyterian Church of Penfield, Pa.; of 
the Methodist Episcopal 'Church of Bethlehem, Pa.: of the 
Methodist Episcopal Church of Brookville. Pa.; of the Beacon 
Prosbyteiian Church of Kensington, Pa.; of the Regular Baptist 
Church cf Connellsville, Pa.: of the Evangelical Lutheran Church 
of Nittany,.Pa.; of the Trinity Lutheran Church of Milton, 
Pa.; of the Luthern Evangelical Church of Dallastown, Pa.; of 
the Memorial Presbyterian Church of Philadelphia, Pa.; of the 
Haws Avenue Methodist Episcopal Church of Norristown, Pa.; 
of the English Evangelical Lutheran Church of C,)lumbia, Pa.; 
of the Union Evangelical Lutheran Church of York. Pa.: of St. 
Peter's Zion and Eden Churches of Plum Creek charge, Augus- 
taviUe, Pa.: of the First German Presbyterian Church of Alle- 
gheny, Pa.: of the Union Centenary Church of Sharpsburg, Pa.; 
of the Crossroads Presbyterian Church of Florence, Pa,; of the 
Mount Pleasant Presbyterian Church of Raymilton, Pa.; of the 
First Methodist Episc'opa! Chm-ch of Shenandoah, Pa.; of the 
First Lutheran Church of Watsontown, Pa. 

Thi petitions w_re referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. DUBOIS presi-nted a petition of the Boise City (Idaho) Ty- 
pographical Union. No. 271, praying for the passage of House 
bill 257, constituting eight hours a day's work; which was re- 



ferred to the Committee on Eir.cation and Labor. 




for which appropriations are made by Congress shall be opened 
on Sunday: which were referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. HARRIS presented sundry petitions collected by the 
National Christian Temperance Union of Tennessee, containing 
319 representative indorsements, praying that no exposition or 
exhibition for which appropriations are made by Congress shall 
be opened on Sunday: which were referred to the Committee on 
the Quadro-Centennial (Select). 

Mr. SAWYER presented a memorial of citizens of Stevens 
Point, Wis., and a memorial of citizens of ShawanoCounty,Wis., 
remonstrating against the passage of any legislation closing the 
World's Columbian Exposition on Sunday; which were referred 
to the Committee on the Quadro-Centonnial (Select). 

Mr. MANDERSON presented the following petitions of Trinity 
Grange, Patrons of Husbandry, of Nebraska: 

Petition praying for the enactment of legislation for the en- 
couragement of silk culture— referred to the Committee on Ag- 
riculture and Forestry. 

Petition praying for the passage of House bUl 395, defining 
lard and imposing a tax thereon— ordered to lie on the table. _ 

Petition praying for the free delivery of mails in rural dis- 
tricts—referred to the Committer on Post-Oifices and Post- 
Roads. 

REPORTS OF COMMITTEES. 

Mr. DAVIS, from the Committee on Military Affairs, to whom 
was referred the bill (S. 1229) amending section 1202 of RevLsed 
Statutes of the Uuit'd States, providing for. the attendance of _^^ft 

witnesses before a court-martial, reported it with an amgp^:^ -^^f^ 

ment. 

jNIr. MCMILLAN, from the Committee on the District of Co-^ 
lumbia, to whom was referred the joint resolution (H. Res. lOSJ 



4456 



C0NGKE8SI0NAL EECORD— SENATE. 



May 20, 



extending' the time in wliich certain street railroads, compelled 
by act of Congress a])proved August (i, 1890, to change their mo- 
tive power from horse power to mechanical power, for one year, 
reported it with an amendment, and submitted a report thereon. 

He also, from the f^ame committee, to whom was referred the 

■ |»U (S. 2693) for Iho relief of John II. Crane, of the District of 

Columbia, submitted an adverse report thereon, which was 
agreed to; and the bill was postponed indefinitely. 

Mr. FAULKNER, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (S. 2746) granting the right 
to sell burial sites in parts of certain streets in Washington City 
to the vestry of Washington parish for the benefit of the Con- 
gressional Cemetery, reported adversely thereon; and the bill 
^Naa postponed in definilely. 

He also, from the same committee, to whom was referred the 
bill (S. 2S12) to provide for a change of grades and the opening 
of streets in that part of the District of Columbia lying outside 
ofitho city of Washington, bounded by Sixteenth street extended. 
Eighteenth street extended, Florida avenue, and Columbia road, 
reported adversely thereon: and the bill was postponed indefi- 
nitely. 

He also, from the same committee, to whom was referred the 
_^^^^ bill (S. 2946) to amend an act entitled "An act to incorporate the 

,iinli^- JU^jKinic Mutual Relief Association of the District of Columbia," 

approved March 3, 1869, reported it with amendments, and sub- 
mitted a report thereon, 

Mr, WALTHALL, from the Committee on Military Affairs, 
to whom was leferred a jjetition of Augustus F. H. Hain, late a 
major and aide-de-camp in the military service of the United 
States, praying to be allowed an honorable discharge and one 
year's pay, reported adversely thereonj and asked that the com- 
mittee be discharged from its further consideration; which was 
agreed to, 

Mr, STOCKBRIDGE, from the Committee on Fisheries, to 
whom was referred the amendment submitted by Mr, Teller 
on the 17th instant, intended to be proposed to the sundry civil 
appropriation liill, reported it and moved its reference to the 
Committee on Appropriations; which was agreed to. 

He also, from the Committee on Fisheries, to whom was re- 
ferred the bill (S. 384) to make the Commissioner of Fish and 
Fisheries an officer of the Department of Agriculture, and for 
other purposes, reported adversely thereon; and the bill was 
postponed indefinitely. 

He also, from the same committee, to whom the subject was 
referred, submitted a report thereon, accompanied by a bill (S, 
3178) for tlie transfer of the Bureau of the United States Geo- 
logical Survey and the United States Commission of Fish and 
Fisheries to the Department of Agriculture; which was read 
twice by its title, and, on his motion, referred to the Committee 
on Agr'iculture and Forestry. 

Mr, QUAY, from the Committee on the Librai-y, to whom 
was referred the bill (S, 2799) to provide for the dedication of 
the statue erected to the memory of the Marquis Marie Jean 
Paul Koch Yves Gilbert Motier de Lafayette, a major-general 
in the Army of the United States, reported it without amend- 
ment, and submitted a report thereon. 

Mr, WOLCOTT, from the Committee on Civil Service and 
Retrenchment, to whom was referred the joint i-esolution (S, R, 
ti2) proposing an amendment to the Constitution concerning 
eligibility to the office of President, reported it with an amend- 
ment, 

Mr. HAWLEY. I am instructed by the Committee on Mili- 
tary Affairs, to whom was referred the bill (S. 3123) to restore 
Lieut. Samuel Howard to his proper I'ank, to ask that the com- 
mittee b^ excused from its further consideration, as it relates to 
an officer in the Revenue Marine, and that it be referred to the 
Committee on Commerce, 

The report was agreed to, 

Mr, HALE, from the Committee on Naval Affairs, to whom 
was referred the bill (S. 3138) for the relief of the sufferers by 
the wreck of the United States steamer Despatch on Assateague 
Shoals, Virginia, reported it with amendments, and submitted a 
report thereon. 

He also, from the same committee, to whom was referred a 
petition of citizens of California, requesting the removal of the 
United States marine hospital from its present site to the eastern 
side of Angel Island on San Francisco Bay, asked to be discharged 
from its further consideration and that it be referred to the Com- 
mittee on Commerce; which was agi-eod to. 

Mr. HALE. I present on behalf of the minority of the Com- 
mittee on Naval Affairs their views upon the bill (S. 67) to trans- 
fer the Revenue Cutter Service from the Treasury Department 
to the Na-fy Department, and ask that they be printed, to accom- 
pany the majority report. 

The PRESIDENT pro tempore. The views of the minority will 
be printed with the report upon the bill. 

Mr. WASHBURN, from the Committee on Commerce, to whom 



was referred the bill (S. 455) to authorize the New York and New 
Jersey Bridge Companies to construct and maintain a bridge 
across the Hudson River between New York City and the State 
of New .Jersey, submitted an adverse report thereon, and the bill 
was postponed indefinitely. 

He also, from the same committee, to whom was referred the 
bill (S. 2626) to authorize the New York and New Jersey Bridge 
Companies to construct and maintain a bridge acro.-:s the Hudson 
River between New York City and the State of New Jersey, re- 
ported adversely thereon. 

Mr. VEST. The Senator from West Virginia [Mr. Kenna] 
is called away necessarily from the Senate and requested me to 
a.sk leave that he be permitted to file a minority report on that 
bill. Let the bill go upon the Calendar with the understanding 
tliat the minority report may ba filed hereafter. 

The PRESIDENT irro tempore. The bill will be placed on the 
Calendar with the adverse report of the committtee, with leave 
to the minority to submit their views to accompany the report 
of the committee. 

GEORGE W. JONES. 

Mr. TURPIE. I am directed by the Committee on Pensions, 
to whom was referred the bill {S. 812) granting a jjenBion to 
George W. Jones, to report it favorably, with an amendment; 
and I will ask the courtesy of the Senate for the present consid- 
eration of the bill. 

The claimant is George W. Jones. He served during the en- 
tire period of the Black Hawk war. Ho not only rendered great 
services, but, being a man at that time of large means, he erected 
a blockhouse and stockade on the frontier where he was then 
residing, which served as a refuge for white settlers and inhab- 
itants of that section of the country. He isatpresenta resident 
of Dubuque, Iowa, He was formerly a member of this body , and 
was one of the first Senators chosen from that State. He is 88 
years of age, and in greatly reduced circumstances. Both the 
Senators from Iowa are personally acquainted with him, and will 
second me in this request for the present consideration of the 
bill. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The amendment of the Committee on Pensions was in line 10, 
to fill the blank by inserting the word " twenty;'' so as to make 
the bill read: 

/(f ;/ enacted, rte.. That the Secretary of the Interior be, and he Is hereby, 
aiuhorii'.eil and directed to place on the pension roll the name of George W. 
Joues, of Dubuque, Iowa, on account of services as a drummer bov In the 
voUmteer company of C'apt. William Lyun, at St. Genevieve, Mo., in 1814; 
and also on account of serWces as aid-de-camp to Gen. Henry Dodge in the 
Blacl! Hawk war, 1833, and pay him a pension of KO per month. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and theamend- 
ment was cjncurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

BILLS INTRODUCED. 

Mr. QUAY introduced a bill (S. 3179) authorizing the Secre- 
tary of W^ar to cause a survey to be made for a ship canal from 
Philadeli^hia across New Jersey to New York Bay; which was 
read twice by its title, and referred to the Committee on Com- 
merce, 

He also introduced a bill (S. 3180) for the relief of Samuel 
Lodge: which was read twice by its title, and referred to the 
Committee on Military Affairs. 

He also introduced a bill (S. 3181) for the relief of Luster P. 
Chester and Freeland Chester, and Luster P. Chester and Free- 
land Chester, executors of Thomas R. Chester: which was read 
twice by its title, and referred to the Committee on Claims. 

Mr. SANDERS introduced a bill (S. 3182) enlarging the oper- 
ation of the homestead act; which was read twice by its title, 
and referred to the Committee on Public Lands. 

Mr. DAWES introdiiced a bill (S. 31 S3) to amend an act enti- 
tled ''An act authorizing the Secretary of the Interior to accept 
the surrender of and cancel land patents to Indians in certain 
cases,"' approved Octob_>r 19, 1888; which was read twice by its 
title, and referred to the Committee on Indian Affairs. 

He also introduced a bill (S. 3184) to provide for allotments 
to Indians on White Earth Reservation in Minnesota; which 
which was read twice by its title, and referred to the Committee 
on Indian Affairs. 

Mr. HARRIS (by request) introduced a bill (S. 3185) for the 
relief of Isaac L. Musselman, of Tennessee; which was read twice 
by its title, and, with the accompanying papers, referred to the 
Committee on Militarv Affairs. 

Mr. PADDOCK introduced a bill (S. 3186) to amend an act en- 
titled ''An act to apply a portion of the proceeds of the public 
lands to the more complete endowment and support of the colleges 
for the benefit of aa'riculture and the mechanic arts established 



1892. 



CONGRESSIONAL RECORD— SENATE. 



4457 



under the provisions o£ an act of Congress approved July 2, 1861., 
approved August 30, 1890; which was read twice by its title, and 
referred to the Committee on Education and Labor. 

Mr. PLATT introduced a bill (S. 3187) for the better protec- 
tion of hotel-keepers, inu-koepers, lodging-house keepers, and 
boarding-house keepers in the District of Columbia; which was 
read twice by its title, and referred to the Committee on the 
District of Columbia. „, , , . 

Mr WASHBURN introduced a bill (S. 3188) to extend to 
Duluth, Minn., the privilege of immediate transportation of un- 
appraised merchandise; which was read twice by its title, and 
referred to the Committee on Commerce. 

He also introduced a joint resolution (S. R. 86) for the pro- 
tection of those parties who have heretofore been allowed to 
make entries for lands within the former ISIille Lac Iddian Res- 
ervation, in Minnesota; which was read twice by its title, and 
referred to the Committer on Public Lands. 

AMENDMENT TO A BILL. 
Mr. HAWLEY submitted an amendment intended to bo pro- 
po.sed by bim to the sundry I'ivil appropriation bill; which was 
referred to the Committee on Appropriations, and ordered to bo 
printed. 

PORTRAIT OF HENRY WILSON. 
Mr. DAWES submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

Jiesolvetl. That the Committee on the Library be instructed to inqitlre i»lo 
the expediency ot purchasing for tlio use of the Senate the portrait of Henry 
Wilson, late Vice-President of the United States, painted by the late L. M. 
D. Gulllaume, and report by bill or otherwise. 

RIVER AND HARBOR BILL. 

The PRESIDENT pro tempore. Is there further morning bisi- 
ncssy If there bi no further morning busines-i, the Calendar 
under Rule VIII is in order. 

Mr. FRYE. I ask that the riverand harbor bill be proceeded 
■with. . ^, .^^ . 

There being no objection, the Senate, as in Committee ot 
the Whole, resumed the consideration of the bill (H. R. 7820) 
making appropriations for the construction, I'cpair, and preser- 
vation of certain public works on rivers and harbors, and for 
other purposes. 

Mr, PLATT, I wish to otfor an amendment to the bill. 

Mr. PRY'E. If the Senator will withhold it ono moment there 
are one or two more committee amendments to be acted upon, 

Mr, PLATT, Certainly, 

Mr, FRYE, On page 28, line 22, the committee agreed to an 
amendment which was accidentally left out. I move to strike 
out "continuing" and insert "to compluto," and to strike (jut 
"fifteen thousand" and insert "eightjen thovisand five hun- 
dred;" so as to read: 

Improving narrows at Lake Champlalu, New York : To complete improve- 
ment, 118,500. 

The amendment was agreed to, 

Mr, PRYE, On page 42, line 10, 1 move to strike out the word 
"Vienna" and to insert "Columbus;" so as to read: 

Impro\-ing Tonibigbee River, from Fulton to Columbus: Continuing im- 
provement, .W.OOO. 

The amendment was agreed to, 

Mr, PLATT, I offer an amendment to the bill, I have ex- 
plained it to the chairman of the committee and I think there 
will b.i no objection to it. Certainly they will have it within 
their power to alter it if it be necessary, 

Thel'RESIDENT protcmpore. The amendment will bestatcd. 

The Chief Clerk. On page 68, in lines 1, 2, and 3, strike 
out the following words: 

Any port, roadstead, haven, harbor, harbor of refuse, or injlojure within 
the limits of any breakwater, or of. 

Change the colon in line 4 to a comma, and add at the end of 
line 4: 

Or to excavate or fill in, or change or alter the condition or capacity of, 
any port, roadstead, h.aven, harbor, harbor of refuge, or Inclosure within 
the limits of any breakwater, in such manner as to obstruct or impair the 
navigation, anchorage, or commerce of said waters. 

The amendment was agreed to, 

Mr, WHITE. On page 13, line 24, before the word "thou- 
sand," I move to strike out "ten " and inse't " twenty," It doos 
not change in any way the amount of the appropriation, I un- 
derstood the chairman of the committee to state yesterday that 
ho saw no objection to it. 

The PRES'lDENTpro/PO'jJorf. Theamendmentwillbestated, 

The Chief Clerk. On page 13, line 24, befoi-e the word 
"thousand," strike out "ton" and insert "twenty;" so as to 
read: 

Improving mouth and passes of Calcasieu River, La. : Continuing improve- 
ment, .$100,000, of which ltaO,000, or somuch thereof as maybe necessary, may, 
in the discretion ot the Secretary ot War, be used on the inner bars. 

Mr. FRYE, As that makes no change in the amount of the 



appropriation, if in the judgment of the Senator from Louisiana 
it ought to be done, no objection will be interposed by me. 
The amendment was agreed to. 

Mr, QUAY. I move to amend the bill on page 78, lino 11, by 
striking out tho words "dam at or near the mouth of the Beaver 
River, in Pennsylvania" and inserting "Falls of the Ohio, at 
Louisville, Ky." It is an enlai-gement of the general plan of 
survey. 
Mr. PRYE, That is in the surveys, is it? 
Mr, QUAY, It is in the surveys only; in the general clause 
for the surveys. 

The PRESIDENT pro tempore. The question is on agreeing 
to the amendment of tho Senator from Pennsylvania, 
The amendment was agreed to, 
Mr, MCMILLAN. On page ,52, after line 9, 1 move to insert: 
For the improvement of Grand River below Grand Rapids, in the State ot 
Michigan, the sum ot $100,000, 

This is a very important improvement in the State of Michi- 
gan, 

Mr. PRYE, One moment, if tho Senator will allow me, I 
think I shall b.; compelled to make a point ot order, but I shall 
not make it until tho Senator has concluded whatever he ile- 
sires to say. 

iMr. MCMILLAN. I wish to say but very little, Mr. Presi- 
dent. This river is 40 miles in length batweon Grand Rapids 
and Grand Haven, and it connects the city of Grand Rapids 
with Grand Haven, Last year the engineers were orderetl by 
the Committee on Commerce to make a report as to the feasibil- 
ity of opening a channel 10 feet wide from Grand Rapids to Grand 
Haven, but the report was not made in time to be placed in this 
bill. The engineers reported that for $600,000 or $700,000 this 
improvement could be made. 

Grand Rapids, as almost everyone knows, is a great manufac- 
turing center. There is more furniture manufactured there than 
in any other city in the country. Those manufacturers are very 
anxious to have access by water to Lake Michigan, and at ane.K- 
)iense of $500,000 or $700,000 they can save at least $250,000 a year 
in freights. The engineers reported in favor of making this 
appropriation but the report did not reach us until after the 
river and harbor bill was made up. Now, I should like to have 
an appropriation made for this purpose. The Engineer Depart- 
ment recommend $100,000, I should like the committee to allow 
even a smaller amount than that. If they object to $100,000 
make it $25,000, so as to start the work. Grand Rapids is a city 
of 90,000 people, a growing city— this is a very important river, 
and it seams to me as if the improvements ought to be made. 
That is all I wish to say at present, 

Mr. FRYE. The amendment is not subject to apoint of order. 
I remembsr now that the amendment was offered by the Senator 
from Michigan and was before the committee; but the committee 
had no opportunity to consider it. The Secretary of War had 
not returned the conclusions of the engineer in season for us to 
consider the matter. 

I do not feel at liberty to assent to any further increase in this 
bill. The State of Michigan was represented in the other House 
by two members of the Committee on Rivers and Harbors, and it 
seemed to the Committee on Commerce of the Senate that almost 
everything had been done for Michigan that we were jtistifiedin 
doing. Yet the two Senators from Michigan, when I informed 
them that Michigan must be cut considerably, came before the 
committe3. and the result of the operation of economy on my part 
was that they had the bill increased still further by some $30,000 
or $40,000, 

Under all the circumstances, the committee having had no op- 
portunity to examine this question, as the Senatjr knows per- 
fectly well, I do not feel that I can assent to the amendment which 
tho Senator desires. 

The PRESIDENTpi-o tempore. The Senator from Maine with- 
draws his point of order, tho Chair understands. 

Mr, McMillan, if the senator will allow me, I will state 
that a report was called for last year in regard to this improve- 
ment but the report vva^ delayed. Had it reach the other House 
in time, I have no doubt that the $100,000 would have been put in 
the bill. As I said before, if tho Senator will agree to make it 
$25,000 so as to start this work, it will be satisfactory to these 
great manufacturing interests in Grand Rapids, They consider 
it a very import,int improvement and I am deluged with letters 
and telegrams and petitions urging that an appropriation be 
made. The people of that city think that after the engineer has 
nuitle a favorable report it is too bad that the work can not be 
commenced. 

Mr. FRYE, There is nothing personally that I would not do 
for the two Senators from Michigan, but a great many such re- 
quests have been made to me since the bill was passed upon by 
the committee, and I do not feel, without the authority of the 
committee, that f liave any right to assent to the proposition. 




4458 



GONG EESSION AL EECOE D— SEN ATE. 



May 20, 



The PRESIDENT p?'0 tempore. The question is on agreeing 
to the amendment proposed by the Senator from Michigan. 

Tlie amendment was i-ejectcd. 

Mr. HAWLEY. I also wish to make an attempt to amend tlio 
bill, though at the same time I know the pressure which is upon 
the committee. I move, on page 6, in line IJ, before the word 
"thousand," to strike out " fifteen "and insert " twenty-five: " so 
as to raise the appropriation for improving the harbor at New 
Haven, Conn., from $15,000 to $25,000. 

It is in some respects a misfortune that we legislate upon this 
matter only onco in two years, because $15,000 looks large until 
we reflect that it only means $7,500 a year. 

The engineer's report and the Treasury estimates say that 
$63,000 could be profitably used at this point. New Haven is the 
only natural harbor of any great size or consequence between a 
point near New York and New London on the east, a stretch of 
77 miles. The commerce of that body of water is e.Ktraordinary . 
From the New Haven breakwater in one year about 134,000 ves- 
sels of various sorts were counted passing. 

The Government is wisely expending a very large suni of 
money to make a splendid breakwater on the outer limits of that 
harbor, so that there will bo an abundant harbor of refuge there, 
and that independent of the local necessities of the port of New 
Haven. When these vessels gat within that breakwater, under 
stress of Aveather, as they easily can do, they want ground to 
move in and to anchor in. There must be some dredging there. 
If we can get means to perfect the dredging and establish satis- 
factory anchorage there, the better, the more u.se the costly 
breakwater will be. 

I represent the commercial intei'ests of New Haven, as I am 
led to think by distinguished citizens, in asking that the amount 
be made $25,000, in order that there may be $12,500 a year for 
this work. 

The PRESIDENT in-oiemjjorc. The amendment will be stated. 

The Chief Cleric. In section 1, on page G, line 11, before 
the word "thousand," it is proposed to strike out " fifteen" and 
insert " twenty-five;" so as to i-ead — 

Improving harbor at New Haven, Conn,: Coutinuius improvement. SiS.OOO. 

Mr. FRYE. Mr. President, this appropriation is not made 
for work on the breakwater? 

Mr, HAWLEY. No. 

Mr. FRYE. The work on the breakwater will I'equirc $10,- 
000, as the Senator says, to complete it. 

Mr. HAWLEY. No, no; I did not mean to be so understood. 

Mr. FRYE. I so understood the Senator. 

Mr. HAWLEY. No; a larger sum than that. I am speaking 
of the inner water. After the breakwater is finished there has 
got to be sufficient ground for vessels to move about and anchor 
within the inclosure of the breakwater. 

Mr. FRYE. It takes $63,000 to complete the harbor. I re- 
member two years ago, when the river and harbor bill was under 
considei'ation, that from the enaineers or someone we received 
information that it would take about $7,500 a j-ear to keep the 
harbor properly dredged, and two years ago we appropriated this 
same sum of $li5,000, when the bill carried at least $25,000,000. 
Now, this bill only carries $21,000,000, and we have appropriated 
the same amount of $15,000. I have no doubt it is adequate for 
the ijm'pose for which the appropriation is made, which is simplj' 
to continue the ordinai-y di'cdging out of the harbor. 

Mr. HAWLEY. We"ll_, I understand the extent of the pres- 
sui'e that is upon the chairman of the committee, but neverthe- 
less I make the motion that the amountof $25,000 be ajipropriated 
instead of $15,000, because the engineers say that $63,000 can be 
properly expended. 

The PRESIDENT pro tempore. The question is on the amend- 
ment oft'ered by the Senator from Connecticut [Mr. Hawley]. 

The amendment was rejected. 

Mr. PUGH. I desire to move two amendments, to which I 
think there can be no objection, as they do not make any increase 
in the amount appropriated by the bill. On page 13, line 13, the 
improvement of harbor at Mobile, Ala., has been put under the 
contract system authorized by the bill. That makes it imma- 
terial to that improvement whether the amount approjiriated is 
$200,000 or $500,000, as the contract takes it out of the river and 
harbor bills to be passed hereafter. 

There is another improvement in Alabama provided for on 
page 41, beginning in line 20: 

Improving Blaclj Warrior River. Alaliama, from Tuscaloosa to Daniels 
Creek: Continuing improvement, $150,000. 

Mobile is deeply interested in the completion of that work to 
the extent of entering the Warrior coal fields. The engineer 
has estimated that for $50,000 moi'c the locks and dams can be 
constructed so as to allow transportation from those fields to AIo- 
bile. When that is accomplished, coal can be carried from those 
Warrior coal fields to Mobile at $1.25 a ton, making that port the 
cheapest coal port in the world. 



I ask, with a deduction of 25 per cent under the committee 
amendment, that the amount of $262,500 be reduced to $212,500, 
deducting $50,000 from that amount, and that the $.50,000 ba 
transferred and added to the appropriation for the construction 
of the locks and dams on the Wai'rior River above Tuscaloosa 
up to Daniels Greek, 

My amendment is to strike out ' ' sixty- two " and insert "twelve". 
That will make the amount $212,500. That is the first amend- 
ment I offer. 

The PRESIDENT jH'O tempore. The amendment will hi stated. 

The Chief Clerk. On page 13, line 14, before the word 
"thousand," it is proposed to strike out "sixty-two" and insert 
" twelve ;" so as to read : 

Iminoving harbor at Mobile, Ala.: Continuing improvement, S?12,60D. 

The PRESIDENT pro tempore. The question is on the amend- 
ment of the Senator from Alabama. 

.Mr. HALE. Mr. President 

Mr. PUGH. On page 41 

^ The PRESIDENT pro tempore. Does the Senator from Maine 
ris/? to this question? 

Mr. HALE. I do not undei-stand that the vote has yet been 
taken. 

Th.> PRESIDENT protempore. No, the Chair did not announce 
the result. 

Mr. PUGH. Will the Senator from Main^ allow me to com- 
plete my amendments before he proceeds? 

Mr. HALE. What I wish to say is naturally suggested by the 
clause which the Senate is now considering. Therefore, I should 
l)rofer in what remarks I have to submit to go on at present on 
this propo.-ition. 

The PRESIDENT i>ro tempore. The question before the Sen- 
ate is on the motion of the Senator from Alabama [Mr. Pdgh] 
to amend by striking out "sixty-two" and inserting " twelve." 

Mr. PUGH. A reduction of fifty thousand in that appropria- 
tion. 

Mr. HALE. Mr. President, I want to call the attention of the 
Senate to one or two considerations touching this bill. This pro- 
vision, as it comes from the House, provides $350,000for improv- 
ing the harbor at Mobile, but it goes on and provides: 

That contracts may be entered into by the Secretary of War tor such ma- 
terials and work as may be necessary to complete the present project of im- 
provement, to be paid for as appropriations may from time to time be made 
by law, not to exceed in the aggregate SI, 093.800. exclusive of the amount 
herein and heretofore approiirialed. 

I have been leaking over the bill, and I find provisions of this 
kind involving and carrying not only the appropriations which 
are limited in the bill, but obligations of the Government which 
can not be changed until the provisions are repealed, carrying 
immensely larger sums. I have a list here of the different items 
of this kind whore appropriations in the bill amount to $6,26(),250, 
while the obligations imposed upon the Government iov v/hich 
we mustappro))riatj hereafter, being bound hand and foot by pro- 
visions of tlie bill, such as the House of Representatives put in, 
upon this verj- item of Mobile, Ala., for $32,815,377 besides. 

Tlie other day, Mr. President, in discussing the naval appro- 
priation bill, where the Committee on Appropriations had only 
increased the House bill bj' $70!),000, Senators upon the other 
side, the Senators from Tilissouri and the Senator from Wiscon- 
sin [Mr. Vilas], speaking in the interests of economy, derided 
the statement that was made here by the Senator from Iowa 
[Mr. Allison], that the bill only increased the appropriations for 
the present year $700,000, claiming that if we passed the amend- 
ment as reported by the Senate committee it really added $11,- 
000,000, which must be appropriated for hereafter. The .Sena- 
tor from Wisconsin, the Senators from Missouri, and other Sen- 
ators, I think, upon the other side, inveighed against this as be- 
ing extravagance under the guise of not increasing the present 
appropriation bill. I did not deny that the bill carried these 
amounts as appropriations u]jon subsequent bills, but claimed 
that, representing the pi-esent condition of the Treasury, only 
$700,000 was to be reckoned and would be called for from the 
■ revenues contributed bj' the people for the next fiscal year; but 
that was considered by these Senators as no answer whatever. 

I call attention to the fact that I do not see anj- of these Sen- 
ators rising in their seats — I look at the scat of the Senator from 
Wisconsin [Mr. ViLAs], who appeared as the foremost advocate 
of economj' upon that side, and declared that in the present con- 
dition of the Treasury these large ap]5ropriations were an out- 
rage upon the taxpayers, and I find that, while the items on this 
bill are colossal com]iared with those which were upon the naval 
appi'opriation bill — that seat is vacant. I do not see either of the 
Senators from Missouri rising and objecting to these immense 
l)urdens which ai-e being laid upon the Government by future 
contracts which we can not escape. 

I discover something of what was alluded to the othei' day as 
masquerading as economists when the appropriation does not 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



4507 



ness. 



. the House take a recess uatil the evening for laension busi- 

Less. 

The SPEAIvER. The gentleman from Indian asks unanimous 
consent that the hour for the recess to-day be fixed at half past 
5 o'clock instead of 5. 

Mr. KILGORE. I object. I am willing- that we shall run on 
until 6 o'clock if the evening session bo dispensed with. But 1 
am not willing that the afternoon session be extended if we are 
to come back here this evening at 8 o'clock. 

MESSAGE FROM THE PRESIDENT. 

Amessao-e from the President, by Mr. Pruden, one of his sec- 
retaries, announced that the President had approved and signed 
bills and joint resolutions of the following titles: 

On May 20, 1S92: . , , ... ... 

An act (H. R. 5W4) to amend an act entitled "An act to incor- 
porate the National Union Insurance Company of Washington," 
approved February 14, 1863: . , , . , 

An act (H. K. (1295) 'to punish false swearing before trial 
boards of the Metropolitan police force and fire department of 
the Districtof Columbia, and for other purposes; and 

An act (H. R. 0788) to establish subports of entry and delivery 
at Superior, Wis., and at Ashland, Wis., in the Superior col- 
lection district of JNIichigan and Wisconsin. 

On May 12, 1892: 

Joint resolution (H. Res. 118) to suspend the issue of permits to 
erect dwelling houses in alleys in the District of Columbia; 

An act (H. R. 5108) to establish a military post at or near the city 
of Helena, in Lewis and Clarke County, in the State of Montana; 

An act (H. R. 2.50) to authorize the construction of a bridge 
across the Missouri River at De Witt, Carroll County, Mo., and 
to establish it as a post-road; 

An act (H. R. 5354) to authorize the construction of a bridge 
across the Osage River, between the town of Warsaw and the 
mouth of Turkey Creek, in Benton County. Mo; 

An act (H. R. 8001) to authorize a national bank at Chicago, 
111.; to establish a branch office upon the grounds of the World's 
Columbian Exposition: 

On May 13, 1892: 

An act (H. R. 7727) to authorize the construction of a telet 
phone line on the coast of Virginia from Cape Charles to Assa- 
teague Island, in aid of the preservation of life and property: 

An act (H. R. 7818) to provide for certain of the most urgen- 
deficiencies in the appropriations for the service of the Govern- 
ment for the fiscal year ending June 30, 1892, and for other pur- 
poses; and 

An act (H. R. 4845) to amend an act entitled ''An act relating 
to tax sales and taxes in the Districtof Columbia." 
ENROLLED JOINT RESOLUTION. 

Mr. WARWICK, from the Committee on Enrolled Bills, re- 
ported that the committee had examined and found truly enrolled 
joint resolution (H. Res. 96) to authorize the loan of certain en- 
signs, flags, and signal numbers for the purpose of decorating the 
streets and buildings of Washington on the occasion of the Grand 
Army Encampment in September, 1892; when the Speaker signed 
the same. 

LEA\'E OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 

To Mr. Hare, for ten days, on account of important business. 

To Mr. Capehart, for ten days, on account of important 
business. 

To Mr. Cox of Tennessee, for ten days, on account of important 
business. 

CHANGE OF REFERENCE. 

On motion of Mr. CASTLE, by unanimous consent, the Com- 
mittee on Rivers and Harbors was discharged from the further 
consideration of the bill (H. R. 223) to provide for the making 
of a survey and estimate for a canal from the St. Croix River to 
Lake Superior, and the same was referred to the Committee on 
Railways and Canals. 

Mr. CAAIPBELL. I move that the House now take a recess 
until 8 o'clock. 

The SPEAKER. The gentleman from New York [Mr. Camp- 
bell] moves that the House now take a recess until 8 o'clock 
p. m., the evening session to hi devoted to the consideration of 
business under the special rule. 

The motion was agreed to; and accordingly (at 4 o'clock and 
55 minutes p. m.) the House took a recess until 8 o'clock p. ni. 

EVENING SESSION. 
The recess having expired, the House at 8 o'clock p. m. was 
called to order by the Speaker. 

ORDER OF BUSINESS. 
Mr. MARTIN. Mr. Speaker, I move that the House resolve 
itself into Committee of the Whole to consider bills on the Private 
Calendar under the rule. 



The question was taken; and on a division (demanded by Mr. 
Kilgore) there were— ayes 37, noes 4. 

Mr. KILGORE. I think we ought not to go to work until we 
get more members hero, and I will have to insist on a quorum. 

Mr. CAMPBELL. I suggest that we proceed to the consider- 
ation of business to which there is no objection, and if we roach 
bills to which the gentleman objects, then he can call for a 
quorum or make other objection. 

The SPEAKER. The point of order being made that no quo- 
rum has voted, the Chair will appoint tellers. 

Iilr. Kilgore and Mr. M.VRTIN were appointed tellers. 

The House again divided; and the tellers reported — ayes 43, 
noes 10. 

Mr. KILGORE. There is not quite enough present yet; no 
quorum. [Laughter.] 

Mr. COBB of Alabama. I move a call of the House. 

The SPEAKER. The tellers will continue the count. 

The count being concluded, the tellers reported— ayes 44, noes 
10. 

So (no further count being deniandcd) the motion was agreed to. 

The House accordingly resolved itself into Committee of the 
Whole House, Mr. Dockery in the chair. 

CHARLOTTE SNAVELY. 

The CHAIRMAN. The Clerk will report the first bill upon 
the Calendar. 

The Clerk read as follows: 

Abill (H. R. TH) for the relief of Ciiarlotto Snavely, of Mount Holly Spriugs, 
Cumberland County, Pa. 

Mr. MARTIN. In view of the fact that there is a substitute 
reported by the committee for this bill, I suggest that the sub- 
stitute be read. 

The CHAIRMAN. In the absence of objection that will be 
done. 

The substitute was read at length. 

Mr. COBB of Alabama. Let us have the report read. 

The report (by Mr. KRIBBS) was read at length. 

The CHAIRMAN. The question is on the adoption of the 
substitute. 

Mr. KILGORE. I am informed that this bill is one in which 
the gentleman from Pennsylvania [Mr. Beltzhoover] is intex-- 
ested. and he requested that it should te laid aside without los- 
ing its place, if this is the bill to which I think he referred. It 
is impossible for him to be present to-night on account of sick- 
ness. 

The CHAIRMAN. In the absence of objection the bill will 
JjgJ,ai(L|aHyta and the Clerk will report the next pension bill on 
the CarefiflOT. 

JONATHAN KIMBALL. 

The ne.xt business on the Calendar was the bill (H. R. 0038) for 
the relief of Jonathan Kimball. 

The bill was read at length. 

Mr. KILGORE. I do not know but that the bill just read is 
obnoxious to the point of order, from what I could gather of the 
reading. 

Mr. RAINES. Let us have the report. 

Mr. ICILGORE. I am willing to have the report read subject, 
of course, to the point of order. 

The CHAIRMAN. The Chair is informed that this bill was 
laid aside at the last meeting of the committee without preju- 
dice, and if there be no objection that order will be made again 
to-night. 

Mr. JOLLEY. Mr. Chairman, the same point of order was 
made heretofore and the Chair has ruled on it. 

Mr. KILGORE. I think the Chair was mistaken in the rul- 
ing, but it is poi-sible he may have reformed by this time. 
[Laughter.] I make the point of order again. I believe a de- 
muri-er is always in order in court, and I think the point of 
order may always be jiresented if it goes to the substance of the 
question, and the jurisdiction of the House over the subject-mat- 
ter. I renew the jioint of order therefore, but will yield to any 
gentleman who wants to make a speech. 

The CHAIRMAN. If the Chair remembers his decision on 
last Friday evening correctly, he ruled that the bill was in order, 
the effect of the language be'ing to allow claimant arrears of pen- 
sion. As the Chair now recollects it, that is the provision of the 
bill. The Chair thinks that the bill is in order, though of course 
it is a question for the committee to determine whether or not 
they desire to grant arrears of pensions. 

Mr. LANE. Mr. Chairman, I move to lay the bill aside with- 
out prejudice, if the gentleman in charge of the bill is not here. 
I ask consent that it te laid aside. 

The CHAIRMAN. The Chair hears no objection 

Mr. JOLLEY. Mr. Chairman, this same bill was laid aside in 
the same way two weeks ago. If there is any particular objec- 
tion to the bill I would like to have it brought up now; if not, 
the bill ought to pass. 



4508 



CONGRESSIONAL RECORD— HOUSE. 



May 20, 



The CHAIRMAN. The gentleman from Illinois has asked 
that the bill be laid aside without prejudice. The Chair stated 
the request and heard no objection. If the gentleman states 
that he rose for the purpose of objecting, of course the Chair 
will recognize it. 

Mr. JOLLEY. I did; but if the gentleman wants to lay it 
aside for consideration before the next meeting, I have no ob- 
jection. 

The CHAIRMAN. The bill will of course retain its placo on 
the Calendar, and if there be no objection it will be laid aside 
for the present. 

There was no objection, and it was so oi'dered. 

CHARLES T. GARRARD. 

The next business on the Calendar was the bill (H. R. 2932) 
for the relief of Charles T. Garrard. 

The bill was read, as follows: 

Be it enacted, etc.. That the Secretary of War he, and he is hereby, authorized 
aud directed to remove the charge of desertion appearing on the records of 
the Adjutant-General United Slates A nny against Charles T. Garrard, late 
quartermaster-sergeant Sixth Regiment United States Cavalry, and that a 
certificate of honorable discharge as of Sixth United States Cavalry be lur- 
nished said soldier. 

The report (by Mr. Bowers) was read, as follows: 

The Committee on Military Affairs, to whom was referred the bill {H. R. 
2932) for the relief of Charles T. Garrard, have had the same under consider- 
ation and report: 

The military record of this soldier shows that said Garrard enlisted Octo- 
ber 23, 1861, In Troop K, Sixth Cavalry, served faithfully until February 10, 
1864, when he was discharged by reason of reenlistment In the same troop 
the same date, and served faithfully until October 12, 18*)5, when he deserted, 
having served over four years and until long after the war was over ; was 
in many battles, and wounded severely at the battle of Winchester. 

Many aflldavits of comrades show him to have been a good soldier. He re- 
ceived a furlough for three days and overstaid his time twodays, occasioned 
by an accident. For this he was arbitrarily and unjustly treated. In view 
of his long service, honorable wounds, good citizenship, and mitigating cir- 
cumstances of his hasty and tmlawful act committed while smarting tinder 
his unjust treatment, your committee are of the opinion that the relief 
should be granted, and recommend that the bill do pass. 

Mr. LIVINGSTON. Will the gentleman in charge of the bill 
tell what that accident was that happened to this soldier? 

Mr. DURBOROW. Mr. Chairman, I can inform the gen- 
tleman. As the report states, the soldier was granted a short 
leave of absence. Coming back, he was detained by a railroad 
accident which prevented his getting back to his command until 
two days after his leave expired. His commanding officer, a 
young lieutenant, came to him and abused him most shamefully, 
according to the testimony of abystander,a member of tlio man's 
company. This so incensed the soldier that he retorted rather 
hotly, and for his words he was court-martialed. They had a 
trial about it, and during that the man picked up his things and 
walked off. He had been a good soldier. He has b.en a good 
citizen since the war, and he asks that Congress grant him this 
relief for the sake of his family and his children. 

Mr. LIVINGSTON. The charge of desertion does not rest 
upon the two days' delay on account of the accident? 

Mr. DURBOROW. Oh, no. 

Mr. LIVINGSTON. It rests ui)on his picking up his things 
and leaving while tlie trial was in progress. 

Mr. DURBOROW. That is about it. It was after the war was 
over. He served through the war. He was severely wounded. 
He has a line record as a brave soldier, and having completed 
his service, it seems as though this little matter mig'ht be ad- 
justed now. 

Mr. LANE. I think the bill ought to be amended in the usual 
way, so as to provide that he shall receive no pay or emoluments 
on account of the passage of this bill. 

Mr. DURBOROW. I accept that amendment. I supposed 
that was in the bill. 

The CHAIRMAN. Will the gentleman state the amend- 
ment? 

Mr. LANE. It should read: 
Fi'ovided, however, That this bill shall carry no pay or emoluments. 

Mr. DURBOROW. That is all right. 

Mr. HULL. I think the usual form is that — 

No pay arrearages or emoluments shall become due by the passage of this 
act. 

That is the customary form. 

Mr. DURBOROW. That is the customary form, and I accept 
that. 

The CHAIRMAN. The Clerk will report the amendment. 

The Clerk read as follows: 

And no pay, emoluments, or arrearages shall become due by the passage 
of this act. 

The amendment was agreed to. 

The CHAIRMAN. The question is. Shall the bill be laid 
aside with a favorable recommendation? 

Mr. EVERETT. Mr. Chairman, if I understand the reading 
of that report, it acknowledges the desertion on the part of this 
soldier. It does seem that there is no crime in the catalogue 



that a soldier can commit that will cut him off from the benefits 
of the pension laws. There has never been a meritorious case 
asking a pension in this House that I have not freely and will- 
ingly voted for; but when the attempt is made to put upon this 
country the deserters from the Army, I think that the limit in 
pensioning has been reached. It is asking entirely too much of 
the country. 

We expect to pension the good soldiers, who were true and 
faithful and brave, who remained in their places, and I think 
tlte section from which I hail has proven that we are willing 
that those pensions should be given. But I have sat here and 
seen men placed on the pension rolls who I am satisfied were 
not deserving men. It seems that there is nothing that will 
cut one out. For one, I am opposed to pensioning any man 
who deserted from the ranks, I care not whether in the face of 
the enemy or not. 

Mr. SCOTT. Will the gentleman permit me to ask him a 
question? 

Mr. EVERETT. Yes. 

Mr. SCOTT. If I understoad the report and the explanation 
made by the gentleman from Illinois [Mr. DuRBOROw], this bill 
is not for the purpose of pensioning the soldier, but for the pur- 
pose of removing a charge of desertion, that desertion having 
taken place after he had served through the entire war, and it 
occurred on account of some difficulty with an officer. 

Mr. EVERETT. That is my understanding, and I want to 
say to you right hero that if there were not a pension looming 
up in the dim distance that application never would have been 
made here to-night. It is for the purpose, and the sole purpose, 
of putting him and his family in line in order that they may 
draw a pension in the future. Think of it! One hundred and 
thirty-five million dollars a year now, and, according to the re- 
port of the Commissioner, :jO,000 men going onto the pension 
rolls in addition every month; two and a half millions to keep 
up the places of resort at which soldiers are kept! That is all 
right; but I say that we ought to scrutinize these cases more 
carefully. I do not know when I have ever objected to voting 
for a pension to a person who I thought was a worthy subject, 
but when you come to pension your deserters you touch me in a 
tender spot. 

I shall vote against it, and I hope other members of this House 
will do the same thing. 

Mr. BRETZ. Mr. Chairman, I desire to send to the Clerk's 
desk a communication from the Grand Army of the Re2)ublic of 
Indiana, and have it read in connection with this matter. 

The CHAIRMAN. The communication will be read. 

The Clerk read as follows: 

he.\dqu.4btens dep.4-rtment of indiana. 

Grand Army op the Republic, 

Indianapolis, April 2T, JS9?. 
Dear Sir: The department encampment of Indiana, Graud Ai'my of the 
Republic, at its recent session at Fort Wayne, by a rising vote, unanimously 
resolved that we protest against the indiscriminate correction of records of 
deserters by Congress, and the placing on the rolls of the Army with honor- 
able discharges those who de-^erted us in the hour of peril, unless on investi- 
gation satisfactory proof is given of error in records. I was directed to 
certify the same to you. I was also, by vote of the encampment, directed to 
ask yoiu* support for the measure increasing the pensions of deaf soldiers. 
l"have the honor to be, very respectfully, yours, 

IRVIN ROBBINS, 
As.iistant Ailjutant-General. 
Hon. J. L. BRETZ, M. C. 

Mr. TARSNEY. Mr. Chairman, the letter just read from the 
desk in the main meets with my hearty concurrence. I have 
not established for myself in this House a reputation for sup- 
porting indiscriminately measures for the I'emoval of charges 
of desertion, nor of granting pensions. I have endeavored in the 
conduct of my duties here to be governed in the consideration of 
each case and each measure as it came up, as I would in the con- 
sideration of any other measures. 

While I concur in the purpose of that letter which has been 
read, I would impress upon this committee, and upon the gen- 
tleman from Georgia [Mr. Everett], and upon my friend from 
Indiana [Mr. Bretz], that in these measures for the relief of 
soldiers having the word " Desertion" recorded against them, 
that there are distinctions in those cases. For a man who aban- 
doned his duly, who foigot his allegiance, who in the face of the 
enemy deserted. I have not now and never have had any sym- 
pathy or consideration; and no pressure or inducement could 
ever incline me to the support of a bill for the removal of that 
charge fi'om such. But there are technical offenses of deser- 
tion as there are oltenses merely technical in the violation of 
any criminal code. 

If we could stop here and calmly consider this matter, i-obbed 
of this hateful word "desertion," and look coolly at the facts, 
as presented in this report concerning the conduct of this sol- 
dier, I anticipate we would not look upon this as one of the cases 
that does not call for relief. Here was a soldier, according to 
this report, brave and true in the line of his duty until that duty 



1892. 



CONGRESSIONAL llECOED— SENATE. 



4539 



mombers o£ the Seventli-Dav Adventist Cliuvch of Sodus, Wit-h., 
and the memorial of D. AT. Milks and 32 other members of the 
Seventh-Day Adventist Church of Saginaw, Mich., remonstrat- 
ine- ao-ainst the commitment of the Government to a umon of 
religion and the state by the passage of any legislation closing 
of the World's Columbian Exposition on Sunday, or in any other 
way committing the Government to a course of religious legis- 
lation; which were referred to the Committee on the Quadi-o- 
Centennial (Select). 

He also presented a petition of the Clcon Grange, I\o. bid, i_a- 
tronsof Husbandry,of Michigan, praying for the passage of legis- 
lation to prevent dealing in options or futures; which was re- 
ferred to the Committee on the Judiciary. . . 

Mr. COLQUITT. I present thirty-nine petitions, containing 
over 3,000 signatures, from various places in several States, 
lai-o-ely from California, praving for the closing of the World s 
Corumbiau Exposition on Sunday. I move that the petitions be 
referred to the Select Committee on the Quadro-Centennial. 
The motion was agreed to. 

lilr. COLQUITT presented a petition of the Atlanta (Ga. jbranch 
of the Journeymen Stonecutters' Association of Korth America, 
praying for the passage of legislation prohibiting the employ- 
ment of convicts of any State on any Federal Government build- 
ing; which was referred to the Committee on Education and 
Labor. „ ^ ^^ 

He also presented a memorial of M. A. Barret and other mem- 
bers of the Seventh-Day Adventist Church of Atlanta, Ga., re- 
monstrating against the closing of the World's Columbian I'^x- 
position on Sunday; which was referred to the Committee on 
the Quadro-Centennial (Select). 

Iilr. VEST presented the memorial of F. J. Hyde and other 
citizens of Diamond, Mo., and the memorial of N. Bsnnett and 
other citizens of Isodawav County, Mo., remonstrating against 
Congress committing tho'United States Government to a union 
of religion and the state by the passage of any legislation closing 
the World's Columbian Exposition on Sunday, or in any other 
•way committiiig the Government to a course of religious legis- 
lation; which was referred to the Committee on the Quadro-Cen- 
tennial (Select). 

He also presented a petition of the Association of Congrega- 
tional churches and ministers for the State of Missouri, remon- 
strating against the opening of the World's Columbian Exr-osi- 
tion on Sunday: which was referred to the Committee on the 
Quadro-Centennial (Select). 

Mr. WAEREN presentedapetitionofthe Colorado Beet-Stigar 
Convention, praying that Congress shall cede, under proj^er re- 
strictions, the Government arid lands to the various States and 
Territories within whoso boundaries such lands are situated; 
■which was referred to the Committee on Irrigation and Reclama- 
tion of Arid Lands. 

He also presented a petition of the Colorado State Beet-Sugar 
Convention, praving for the continuance of the bounty on sugars 
produced in the "United States; which was referred to the Com- 
mittee on Finance. 

Mr. WARREN. I present a petition of the Wyoming Stock 
Growers" Association, and of the Chamber of Commerce of Salt 
Lake City, Utah, praying for the passage of the Torrey bank- 
ruptcy bill. I move 'that the petition, with the accompanying 
papers, be referred to the Committee on the Judiciary, and 
printed as a document. 
The motion was agreed to. 

Mr. PALMER presented petitions of the l^Iethcdist Episcopal 
churches of Minier. Paloma, Sunbeam, Batchtown. Barrington, 
and Vandalia; of the Congregational Church of Bainfield; of the 
Christian Church of Minier; and of 10 pasters of churches in 
Champaign and Urbana, all in the State of Illinois, praying for 
the closing of the World's Columbian Exposition on Sunday and 
that the sale of intoxicating liquors be jirohibited thereat; which 
was referred to the Com.mittee on the Quadro-Centennial (Se- 
lect). 

Mr. PADDOCK presented the memorial of E. R. Henderson 
and 28 other members of the Seventh-Day Adventist Church of 
Washington County, Nebr., remonstrating against the commit- 
ment of tlie Government to a union of religion and the state bj' 
the passage of any legislation closing the World's Columbian 
Exposition on Sunday: which was referred to the Committee on 
the Quadro-Centennial (Select). 

He also presented memorials of the United Presbyterian 
Church of Majors: of the Saratoga Congregational Church of 
Omaha; of the Methodis-t Episcopal Church of Shelton, and of 
the Congregational c;hurch of Creighton, all in the State of 
Nebraska, remonstrating against the opening of the World's 
Columbian Exposition on Sunday and the sale of intoxicating 
liquors thereat: which were referred to the Committee on the 
Quadro-Centennial (Select). 
He also presented the petition of John Gordon, pastor of the 



Westminster Presbyterian Church of Omaha, Nebr., and tlie 
petition of the Young People's Society of Christian Endeavor of 
Biggsvillc, 111., praying that the World's Columbian Exposition 
be closed on Sunday; which were referred to the Committee on 
the Quadro-Centennial (Select). 

He also pre.sented the memorial of J. S. Ellis, of Mount Vernon, 
111., and 20 other citizens of Belleville, 111., and the memorial of 
Gothel Weinrich and 23 other citizens of Belleville, 111., remon- 
strating against the passage of tlioBrosius- Wilson lard bills and 
praying for the passage of the Paddock pure-food bill; which 
were referred to the Committee on Agriculture and Forestry. 

He al.so presented the petition of A. B. Show and 100 other cit- 
izens of Crete, Nebr.. ])raying for the adoption of an amendment 
to the Constitution of thc'Uultcd States prohibiting any legisla- 
tion by the States lespecting an establishment of religion or mak- 
ing an ai^propriation of money for any sectarian purposLS which 
was referred te the Committee on the Judiciary. 

He also presented the petition of N. V. Harlan, J. E. Sedg- 
wick, and other citizens of York, Nebr., praying for the passage 
of Senate bills 2824 and 282.5, regulating rates of jw.stage on sl'C- 
ond-class mail matter at letter-carrier offices; which was referred 
to the Committee on I'ost-Offices and Post-Roads. 

He also presented the following petitions of Fox Creek, Lake 
View, and Clay Granges, Patrons of Husbandry, of Nebraska: 

Petitions praj'ing for the enactment of legislation for the en- 
couragement of silk cidture— i-eforred to the Committee on Ag- 
riculture and Forestry. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products— to the Committee on the Judiciary. 
Petitions praving for the free delivery of mails in rural dis- 
tricts—to the Committee on Post-Offices and Post-Reads. 

Petitions praying for the jiassage of a bill making certain is- 
sues of money full legal tender in payment of all debts— to the 
Committee on Finance. 

Mr. COCKRELL presented a petition of the Methodist Prot- 
testant and Methodist Episcopal churches of Breckenridge cir- 
cuit, ]\Iissouri conference, and a i)ctitinn of the Ivlethotiist Ei)is- 
copal and Methodist Protestant churches of Powersville, in the 
State of Missouri, praying for the closing of the World's Colum- 
bian Exposition on S"unday and that the sale of intoxicating 
liquors be prohibited thereat: which were referred to the Com- 
mittee on the Quadro-Centennial (.Select). 

Mr. AHLLS presented the memorial of William Heytz and 
other members of the Seventh-Day Adventist Church of Kings- 
ton. Tex., remonstrating against Congress committing the United 
States Government to a union of religion and the state by the 
passage of any legislation closing the World's Columbian Ex]>o- 
sition on Sunday, or in any other way committing the Govern- 
ment to a course of i-eligious legislation; which was referred to 
the Committee on the Quadro-Centennial (Select). 

Mr. JONES of Arkansas presented the memorial of G. E. Nor- 
wood and other members of the Seventh-Daj- Adventist Church 
of BentonvUle, Ark., remonstrating against Congress commit- 
ting the United States Government to a union of religion and the 
state by the jjassage of any legislation closing the Woi-ld's Co- 
lumbian Exposition on Sunday, or in any other way committing 
the Government to a course of religious legislation: which was 
referred to the Committee on tlie Quadro-Centennial (Select). 

Mr. CULLOM presented petitions of the Methodist Episcoiial 
churches of Vandalia, Batchtown. and Barrington; of the Con- 
greo-ationalChurchof Brimfield. and of the Presbyterian Church 
of Belvidere. all in the. State of Illinois, praying for the closing 
of the World's Columbian Exposition on Sunday, and that tlie 
sale of intoxicating liquors be prohibited thereat: which were 
referred to the Committee on the Quadro-Centennial (Select). 

He also presented the memorial of W. E. Gunu and 24 other 
business men of East St. Louis, HI,: and the petition of Francis 
Hock and 19 other business men of St. Clair County, 111., remon-, 
sU-ating against the passage of the WUson-Brosius lard liills and 
praying for the i)assage of the Pa:ldock pure-food bill: which 
were referred to the Committee on Agriculture and Forestry, 

Mr. VILAS presented a memorial of W. H. Farrell and other 
citizens of Royalton, Wis., remonstrating against the passage of 
any legislation closing the World's Columbian Exposition on 
Sunday; which was referred to the Committee on the Quadro- 
Centennial (Select). 

Mr, PASCO presented a i^etition of the Board of Trade of 
Jacksonville, Fla,, praying that an appropriation ba made for 
the purpose of the grand re^-iew of the navies of the world to be 
held as a iiart of the celebration of the four hundi-edth auniver- 
sarv of the discovery of America: which was referred to the 
Committee on the Quadro-Centennial i Select). 

REPORTS OF COMMITTEE.S. 
Mr. MCMILLAN, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (S. 3109) to amend tueact 



4540 



CONGEESSIONAL RECORD— SENATE. 



May 23, 



incorporaUng the Washington and Geoi'getown Railroad Com- 
pany, reported it with amendments, and submitted a report 
thereon. , , ,, 

He also, from the same committee, to whom were referred the 
following bills, submitted adverse reports thereon; which were 
agreed to, and the bills were postponed indefinitely: 
— ^3iU (S. 2863) for the relief of Mrs. Letitia S. Elliott; 
-^bill (S. 2695) for the relief of Patrick Cook; 



.a^&isifiC— ^ ^_. , . _ 

A bill (S. 2042) to extend the time for the payment of unpaid 
. taxc g for the year 1891 and all previous years, and for the remis- 
biorfof the penalty; 

Jjill (S. 1961) relating to the office of the register of wills of 
theDistrict of Columbia, and for other purposes; and 
^^ A bill (S. 1960) relating to the office of the recorder of deeds of 

■**^°*'*' th«?T)istrict of Columbia, and tor other purposes. 

Mr. COLQUITT, from the Committee on Post-Offices and Post- 
Roads, to whom was referred the bill (H.R. 5.396) for the relief 
of W. H. Howard, reported it without amendment. 

Mr. MORGAN, from the Committee on Public lands, to whom 
was referred the joint resolution (S. R. 85) to correct a misnomer 
in the records of the General Land Office, and for other purposes, 
reported it without amendment. 

Mr. PROCTOR, from the Committee on Military Affairs, to 
whom was referred the bill (S. 3117) relating to post traderships, 
reported it with amendments, and submitted a report thereon. 

Mr. VEST. I am instructed by the Committee on Commerce, 
to whom was referred the bill (S.3067)granting the right of way 
to the Kentucky and Indiana Bridge Company on and across the 
grounds of the Louisville and Portland Canal, the property of 
the Government of the United States, to report it adversely. I 
suppooc the bill may go on the Calendar, as it was introduced 
by the Senator from Kentucky [Mr. Blackburn], who is not 
present. 

The PRESIDING OFFICER. The Senator from Missouri 
asks that the bill bo placed on the Calendar, although there is 
an adverse report. If there be no objection it will be so ordered. 

COURTS IN SOUTH CAROLINA. 

Mr. WILSON. I am directed by the Committee on the Ju- 
diciary, to whom was referred the 'bill (S. 2968) to provide for a 
May term of the district courtof the United States for the eastern 
district of South Carolina, to report it favorably without amend- 
ment, and inasmuch as it is very brief and will require but a 
moment for its consideration, I ask unanimous consent that the 
bill may be considered at the present time. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

LANDS AT BOONVILLE, MO. 

Mr. WALTHALL. I am directed by the Committee on Pub- 
lic Lands, to whom was referred the bill (S. 3036) to confirm New 
Madrid location survey. No. 134, and to provide for the issue of a 
patent therefor, to report it favorably, with an amendment to 
the title, and to submit a writtten report thereon. 

Mr. VEST. That is a bill which will excite no debate, and it 
is of very great importance to one of the cities of my State. _ It 
is a mere formal mattir, reported favorably from the Interior 
Daijartment and the Land Office and the Committea on Public 
Lands. It simply confirms a survey; and I ask the Senat ;! to con- 
sider the bill. 

By unanimous consent, the Senate, as in Committee of the' 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, oi-- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

Mr. WALTHALL. There is an amendment to the title. 

The title was amended so as to read: "A bill to confirm New 
Madrid location survey No. 2475, and to provide for the issue of 
a patent therefor." 

The PRESIDING OFFICER. The Chair is inclined to think 
that the body of the bill ought to be amended so as to conform 
to the title. 

Mr. WALTHALL. It is only the title that requires to be 
amended. One number has reference to the certificate of loca- 
tion and the other number has reference to the survey. The bill 
is right. 

;. BILLS INTRODUCED. 

Mr. VILAS (by request) introduced a bill (S. 3189) for the re- 
lief of Augusta Kratzenberg ; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Pensions. 

Mr. SAWYER introduced a bill (S. 3190) for the relief of John 
C. Peters, alias Peter L. Weber; which was read twice by its 
iMe, and referred to the Committee on Military Affairs. 



He also introduced a bill (S. 3191) granting a pension to Susan 
A. Russell; which was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. PADDOCK introducjd a bill (S. 3192) to equalize to some 
extent the burdens imposed upon the people by an act entitled 
''An act to reduce the revenue and equalize duties on imports, 
and for other purposes," approved October 1, 1890; which was 
read twice by its title, and referred to the Committee on Fi- 
nance. 

He also introduced a bill (S. 3193) for the advancernent of the 
science of agriculture: which was read twice by its title. 

Mr. PADDOCK. The bill should go to the Committee on 
Patents, and I will read the first jiaragraph of the measure to 
indicate that it should go there: 

That any person wlio has invented or discovered any new and useful plant, 
fruit, or flower not known or used liy others In this country, and not pat^ 
ented, etc. 

The PRESIDING OFFICER. The bill will be referred to thi 
Committee on Patents. 

Mr. CHANDLER introduced a bill (S. 3194) for the relief o\ 
Jeronemus S. Underhill, of the city of New York; which was 
read twice by its title, and referred to the Committee on Claims. 

AMENDMENTS TO BILLS. 

Mr. WARREN submitted an amendment intended to be pro- 
posed by him to the sundry civil appropriation bill; which was 
referred to the Committee on Appropriations, and ordei'ed to bo 
printed. 

Mr. BUTLER submitted an amendment intended to be pro- 
posed by him to the bill (S. 2571) to amend section 19 of an act 
entitled "An act to regulate commerce," approved February 4, 
1887; which was referred to the Committee on Interstate Com- 
merce, and ordered to be printed. 

FUNERAL OP SENATOR BARBOUR. 

Mr. KENNA submitted the following resolution: which was 
read: 

Ilesolved, That the expenses incurred by the select committee api)ointe4 
to take order for the funeral of the late Senator Barbour be paid from the con- 
tingent fund of the Senate. 

Mr. KENNA. I ask for the present consideration of the reso- 
lution. 

Mr. SHERMAN. The law requires that it shall go to ths 
Committee on Contingent Expenses. There is no objection to 
the resolution, of course, but a reference is required. 

The PRESIDING OFFICER. Under the rule or law the res- 
olution must be referred. 

Mr. KENNA. Very well; let it take the regular course. 

The PRESIDING OFFICER. The resolution will be referred 
to the Committee to Audit and Control the Contingent Expenses 
of the Senate. 

WOOL AND WOOLEN GOODS. 

Mr. VEST. I offer a resolution which I ask to have read and 
lie on the table. I shall call it up some other day. 

The resolution was read, and ordered to lie on the table, as fol- 
lows: 

J!f.<olfed. That the Committee on Finance be discharged from the further 
consideration of the bill (H. R. C007), being "An act to place wool on th j free 
list and to reduce the duties on woolen goods, "and that the same be reported 
back to the Senate for its action thereon. 

REPORT ON NICARAGUAN CANAL. 

Mr. MORGAN submitted the following resolution; which was 
referred to the Committee on Printing: 

Jiesolcfd. That 10,000 copies of Miscellaneous Document No. 9? (Fifty-sec- 
ond Congress, first session), being the letter of the Secretary of War and the 
report of Maj. C. F. Button on the Nicaraguan Canal, be printed, of which 
6,000 copies shall be for the use of the House and 4,000 for the use of the Sen- 
ate. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
ToWLES,its Chief Clerk, announced that the House had passed 
the following bills: 

A bill (S. 812) granting a pension to George W. Jones; and 

A bill (S. 1975) for the protection of livery-stable keepers and 
other persons keeping horses at livery within the District of 
Columbia. 

The message also announced that the House had agreed to the 
amendments of the Senate to the bill (H. R. 711) to remove the 
charge of desertion now standing against Albert Kea*h. 

The message further announced that the House had passed a 
bill (H.R. 5719) for the relief of Harriet W. Shaeklett: in which 
it requested the concurrence of the Senate. 

ENROLLED BILLS. 

The message also announced that the Speaker of the House 
had signed the following enrolled bills and joint resolution: 
A bill (H. R. 1528) to pension Samuel O. Fisher, of Lynn, Mass.; 
A bill (H. R. 2073) granting a pension to Mrs. Jennie Y. Wade; 



1892. 



CONGRESSIONAL RECORD— SENATE. 



4591 



Petitions praying for the enactment of legislation for the en- 
couragement of silk culturo— referred to the Committee on Agri- 
culture and Forestrj-. , . , - ^ <. 

Tetitions praying for the enactment of legislation to prevent 
gambling in farm products— to the Committee on the Judiciary. 

Petition praying for the passage of House bill 395, defining 
lard and imposing a tax thereon— ordered to lie on the table. 

Petitions praying lor the free delivery of mails in rural dis- 
ti-icts— referred to the Committee on Post-Offices and Post-Roads. 

Petitions praying for the passage of a bill making certain issues 
of money full legal tender in payment of all debts— to the Com- 
mittee on Finance. , ,, , ^ ^x ,-, 

Mr FELTON presented a petition of the North Butte Grange, 
Patrons of Husbandry, of California, praying for the free deliv- 
ery of rural mails; which v.-as referred to the Committee on 
Post-Offices and Post-Roads. 

He also presented the memorial of W. G. Myers and other 
members of the Seventh-Day Adventist Church of Oakland, Cal., 
and the memorial of C. P. Eaton and other members of the 
Seventh-Day Adventist Church of Napa, Cal., remonstrating 
against the commitment of the United States Government to a 
union of religion and the state by the passage of any legislation 
closing the World's Columbian Exposition on Sunday;_ which 
were referred to the Committee on the Quadro-Centennial (Se- 
lect). 

REPORTS OF COMMITTEES. 

Mr. TURPIE, from the Committee on Pensions, to whom were 
referred the following bills, reported them severally witliout 
amendment, and submitted reports thereon: 

A bill (H. R. 2902) for the relief of David L. Truex; 

A bill (H. R. 383.8) to pension Elizabeth R. Crawford, widow of 
C. A. Crawford, soldier in Creek war of 183tt; 

A bill (H. R. 3202) to pension Nancy E. Ronfro: 

A bill (H. R. 5364) granting a pension to Mary Gatlin: 

A bill (H. R. 4043) granting an increase of pension to William 
A. Birch; and 

A bill (H. K. 5363) granting a pension to David C. Barrow. 

Mr. TURPIE, from the Committee on Pensions, to whom was 
referred the bUl (S. 317) granting an increase of pension to John 
M. Roberts, reported it with an amendment, and submitted a re- 
port thereon. 

Mr. DAWES, from the Committee on Indian AfEairs, to whom 
the subject was referred, reported a bill (S. 3195), granting to 
the Yuma Pumping Irrigation Company the right of way for 
two ditches across that part of the Yuma Indian Reservation 
Ijing in Arizona; which was read twice by its title. 

He also, from the same committee, to whom was referred the 
bill (S. 3103) granting right of way to the Yuma Pumping Irri- 
gation Company across the Yuma depot quartermaster's reser- 
vation in Arizona, reported adversely thereon, and the bill was 
postponed indefinitely. 

He also, from the same committee, to whom were referred the 
following bills, reported them severally without amendment: 

A bill (S. 2292) to accept and ratify an agreement made with 
the confederated tribes and bands of Indians occupying the 
Yakima Reservation, in the State of Washington, for the extin- 
guishment of their title to so much of said reservation as is re- 
quired for the use of the Northern Pacific Railroad, and to make 
the necessary appropriations for carrying out the same; 

A bill (S. 3183) to amend an act entitled "An act authorizing 
the Secretary of the Interior to accept the surrender of and 
cancel land patents to Indians in certain cases,"' approved Octo- 
ber 19, 1888; and 

A bill (S. 3184) to provide for allotments to Indians on Whit<3 
Earth Reservation, in Minnesota. 

Mr. SAWYER, from the Committee on Pensions, to whom 
were referred the following bills, reported them severally with- 
out amendment, and submitted reports thereon: 

A bill (S. 1600) granting an increase of pension to Fordyce R. 
Melvin; and 

A bill (H. R. 1281) granting a pension to William F. C. Nindo- 
mann, late of the .Jeannette expedition to the Arctic Ocean. 

Mr. GALLIKGER, from the Committee on Pensions, to whom 
were referred the following bills, reported them severally with- 
out amendment, and suomitted reports thereon: 

A bill (H. R. 1445) for the relief of Kate P. Mitchell, daughter 
of Stephen ^Mitchell, late of Fifth Maine Battery; 
A bill (H. R. 1270) to pension Adeline Alexander; 
A bill (H. R. 2436) granting a pension to Bridget Maloy; and 
A bill (H. R. 5002) granting a pension to Lucy Haskell, mother, 
by adoption, of John Haskell. 

Mr. PALTRIER, from the Committee on Pensions, to whom was 
referred the following bills, reported them severally without 
amendment: 
A bill (H. R. 249C) granting a pension to Noah Staloy; 



A bill (H. R. 5734) granting a pension to Eliza M. Boatright, 
the surviving widow of Alexander M. Boatright, who was a sol- 
dier in the Black Hawk war; and 

A bill (H. R. 2713) in relation to the execution (rf declai-ations 
and other papers in pension claims. 

Mr. VOORHEES. I am instructed by the Committee on Fi- 
nance, to whom was referred the bill (S. 1525) directing the issua 
of duplicate United States bonds to Elijah P. HoUcroft, guardian 
of Burton J. Parr, to ryixsrt it without amendment. I shall ask 
leave to submit awritten report hereafter to accompany tho bill. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar, and leave will be granted as requested. 

Mr. MITCHELL. 1 am instructed by tho Committe;>on Privi- 
leges and Elections to report back the Joint resolution (S.R.8.) 
jn-oposing an amendment to the Constitution of the United 
States providing for the election of Senators by the votes of the 
qualified electors of the States, without recommendation as to 
merits but with the recommendation that the joint resolution be 
placed on tho Calendar for consideration, and as the committee 
is divided in regard to this matter it is understood that each 
member of the committee, either conjointly with one or more of 
his fellows or by himself, shall within a reasonable time submit 
his views to be filed either in support of or against the proposed 
change in the Constitution. 

The VICE-PRESIDENT. The joint resolution will be placed 
on the Calendar, and leave will be granted as stated. 

Mr. VEST, from the Committee on the Judiciary, to whom was 
referred the bill (S. 419) fixing the compensation of tJnitod_ States 
marshals and deputies, and for other purposes, reported it with 
an amendment. 

He also, from the same committee, to whom the subject was 
referred, submitted a report, accompanied by a bill (S. 3196) fix- 
ing the compensation of clerks of the circuit and district courts 
of the United States, and for other purposes; which v.-as read 
twice bv its title. 

jNIr. VEST. Thei-o are certain reports from tho Attorney- 
General's office accompanying these bills, and I move that the 
ordinary number of copies be printed for the use of tho Senate. 

The motion was agreed to. 

Mr. PETTIGREW, from the Select Committee on the Quadro- 
Centennial, to whom was referred the joint resolution (S. R. 83) 
authorizing and directing the President to proclaim a general 
holiday commemorating the four hundredth anniversary of the 
discovery of America, on the 12th day of October, 1892, reported 
it with amendments, and submitted a report thereon. 

Mr. SHOUP, from the Committee on Pensions, to whom were 
referred tho following bills, reported them severally without 
amendment, and submitted reports thereon: 

A bill (H. R. 3123) to pensioa Andrew J. Jones for services in 
the Indian wars; and 

A bill (S. 533) granting an increase of pension to Mrs. Helen 
A. De Russy, widow of the late Gen. Rene E. De Russy. 

Mr. SHOUP, from the Committee on Pensions, to whom were 
referred the following bills, reported them each without amend- 
ment, and submitted reports thereon: 

A bill (H. R. 4488) granting a pension to James A. Davis; and 

A bill (H. R. 5383) to increase the pension of Aaron V. Ham- 
ilton, late a member of Fremont's battalion, Mexican war. 

Mr. GALLINGER, from the Committee on Pensions, to whom 
was referred the bill (S. 1770) granting a pension to Annie M. 
Greene, reported it with an amendment, and submitted a report 
thereon. 

MAKY JEWETT TELFOED. 

Mr. PALINIER. I am directed by the Committee on Pensions, 
to whom was referred the bill (H. R. 5021) granting a pension to 
Mary Jewett Telford, an army nurse, to report it favorably with- 
out amendment, and to ask for its immediate consideration. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider tho bill. It proposes to place 
on the pension rolls the name of Mary Jewett Telford (formerly 
Mary Jewett), now a resident of Denver, Colo., at the rate of $12 
per month, on account of disability i-esulting from disease con- 
tracted while serving as a hospital nurse during the war of the 
rebellion. 

Tho bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

GEOLOGICAL, SURVEY. 

Mr. POWER. I am directed by the Committee to Examine 
tho Several Branches of the Civil Service, to whom was referred 
the resolution submitted April 27, 1892, in reference to the Geo- 
logical Survey, to report it with amendments, and have it 
referred to the Committee to Audit and Control the Contingent 
Expenses of the Senate. 

The VICE-PRESIDENT. The resolution will be read. 



4592 



CONGRESSIONAL RECORD— SENATE. 



May 24, 



The Chief Clerk. As proposed to be amended: 

Whereas, at a meeting? of representative citizens of Montana, Imown as the 
State Irrigation Cfiuventiou, heki in the city of Helena on the 7th, 8th. and 
itth of January last, for the purpose of considering measures and policies 
beuclicial to that t'oinmonwealth, and designed to aid In the settlement and 
(Icvi l.iimu'iit lit tlir lands and resources v.'ithin the same, the following res- 
olutinns were .'idopred, to wit; 

•■Jitsolfftl. That it is the sense of this convention that our Senators and 
Kepreseutative in Coniiress be requested to implore and, if possible, secure 
largi' appropriations for public surveys in Montana, this Sta«j^^Qaiji£at_ 
present bin one-titth of its land surveyed, 70,000,000 acres beingyeJ^HWWreyeil; 

"Jift:o!v'iL That we believe it will best stibserve the interests of this State 
if no apiir' ipriati' lu ^\'hatever be made to be expended under the direction of 
the OovernnicuM Geological Survey, for the State of Montana;" and 

Wher.Ms coniiil;iints have been m.ide and heard through the press and 
through <)rg;inizcil public bodies fromallof the Western States in which the 
largest jioriiou of the remaining public domain is located, at the small areas 
ot public hinds that are now annually sm-veyed, thus hindering the progress 
of settlement and the security ot titles; and 

Whereas a growing opposition is manifested everywhere in the same re- 
gion to the large annual appropriations that have been made, and are still 
proposed, for the carrying on ol the United States topographic;tl surveys, 
which, in the communities most seriously affected, are regarded as injurious 
to the efllclency of the system of public land surveys, as retarding such ser- 
veys; and which are also strenuously opposed as extravagant in expendi- 
ttire, wasteful in management, and without suitable beneficial results to the 
people directly affected or the country at large: Therefore, 

Be it resolt'eJ. That the Committee to Audit and Control the Contingent Ex- 
pen.ses of the Senate be. and are hereby, directed to make a lull investigation 
Into the relations of said Geological Survey Office and the topographical sur- 
vey under it, to the public lands, the necessity for the existence of two such 
systems in the same areas, their character, survey, and development, and 
as to the processes, personnel, and expenditures of the same, wjJ, ^.Bgwe r to 
employ a stenographer and to send for persons and papers an i] | 3MVril i l l i n iii i 
ter oaths, reporting the resttlts to the Senate, at as early a day as possible, 
with such recommendations as may be deemed suitable. 

Ml'. HARRIS. Should not the resolution require the Com- 
mittae on Public Lands to make the investigation sufrgcstedy 

Mr. POWER. It has already been to the Committee to Ex- 
amine the Several Branches of the Civil Service and we want to 
have it referred now to the Committee to Audit and Control the 
Contin<;-ent E.xpensesof the Senate. 

Mr. HARRIS. Still, if the committseto which it is referred 
is required to make the investi<,'ation, as I understand the reso- 
lution as read from the desk to require, it certainly is going to 
the wrong committee. It ought to go to the Committee on Pub- 
lic Lands to make such an investigation. 

Mr. POWER. It can bo reported back f i-om the Committee to 
Audit and Control the Contingent Expenses of the Senate and 
then rjfei-rod to the Committee on Public Lands. 

Mr. PADDOCK. What is the subject of the investigation, 
may I inquireV 

Mr. HARRIS. It relates to surveys of public land. Let the 
resolution be read again. 

The VICE-PRESIDENT. The resolution will be again read 
as proposed to be amended. 

The Chief Clerk read the resolution. 

Mr. HARRIS. I suggest to amend the resolution by striking 
out "the Committee to Audit and Control the Contingent Ex- 
penses ot the Senate" and inserting '"the Committee on Public 
Lands," and then refer the resolution to the Committee to Audit 
aud Control, b 'cause they will have to act upon it as it involves 
an expense payable out of the contingent fund. 

Mr. POWER. All right; I accept that. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. In lieu of inserting the words " the Com- 
mittee to .iVudit and Control the Contingent Expenses of the Sen- 
ate" insert the words "the Committee on Public Lands." 

The amendment was agreed to. 

The VICE-PRESIDENT. The resolution will ba referred to 
the Committee to Audit and Control the Contingent Expenses of 
the Senate. 

MRS. FANNY N. BELGER. 

Mr. VILAS. I am instructed by the Committee on Pensions, 
to whom was referred the bill (S. 20-17) tor the relief of Mrs. 
Fanny N. Belger, to I'eportit with an amendment fixing the rate 
of pension proposed at $JU. The committee are unanimous in 
respect to this bill. The case is one of very deserving merit. 
The beneficiary has reached an advanced age and is in feeble 
health, and I ask for the immediate consideration of the bill. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The amendment ot the c ;immitte i was, in line 6, before the word 
"dollars," to strike out " twenty-live " and insert "titty; " and in 
line 7, alter the word " husband," to insert " December 10, 1^91;" 
so as to make the bill read: 

Be it enacted, etc.. Th;tt the Secretary of the Interior be, and is hereby, di- 
rected to place the name ot Mrs. Fanny N. Belger, widow of Col. James 
Belger, on the pension rolls, and that she be paid a pensionof JSOper month, 
to date from the death of her said husband, December 10, 1891. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 



BILLS INTRODUCED. 

Mr. PEPPER introduced a bill (S. 3197) to provide for the pur- 
chase of a site and the erection of a public building thereon at Em- 
poria, in the State of Kansas; which was read twice by its title, 
and referred to the Committee on Public Buildings and Grounds. 

Mr. McMillan introduced a bill (S. 3198] for the construc- 
tion of a public building at Adrian, Mich.; which was read twice 
.taMts title, and, with the accompanying papers, referred to the 
(jommittee on Public Buildings and Grounds. 

Mr. MITCHELL introduced a bill (S. 3199) for the relief of 
Carrie E. T. Knox; which was read twice by its title, and referred 
to the Committee on the Judiciary. 

Mr. DAWES introduced a bill (S. 3200) for the relief of Charles 
Gould, who enlisted in the Navy to serve in the Mexican wac; 
which was road twice by its title, and referred to the Committee 
on Pensions. 

Mr. SANDERS introduced a bill (S. 3201) to provide for hold- 
ing terms of court for the district of Montana: which was read 
twice by its title, and referred to the Committee on the Judiciary. 

Mr. COKE introduced a bill (S. 3202) reconveying to the orig- 
inal grantors the title to certain lands in the State of Louisiana 
conveyed by them to the United States: which was read twice 
by its title, and referred to the Committee on Public Lands. 

"Mr. McMillan introduced a joint resolution (S. R. 87) to 
authorize the Chief of Engineers, United States Army, to take 
■ji^sossion of certain property of the United States in the Dis- 
trict of Columbia; which was read twice by its title, and referred 
to the Committee on the District of Columbia. 

AMENDMENTS TO BILLS. 

Mr. PASCO submitted an amendment intended to be propos -d 
by him to the agricultural appropriation bill; which was re- 
ferred to the Committee on Agriculture and Forestry, and or- 
dered to be printed. 

Mr. PETTIGREW submitted an amendment intended to be 
proposed by him to the agricultural appropriation bill; which 
was i-eferred to the Committee on Appropriations, and ordered 
to be printed. 

Mr. TURPIE .submitted an amendment intended to be pro- 
posed by him to the general deficiency appropriation bill; which 
was ordei'ed to be printed, and. .with the accompanying papers, 
referi-ed to the Committee on Claims. 

REPORT OF MONETARY COMMISSION. 

Mr. STEWART submitted the following concurrent re.-olu- 
tion; which was referred to the Committee on Printing: 

Resolved by the Senate (the House of Bepresentatimn concurring). That there 
be printed «t,o00 copies of the report of the Monetary Commission created 
under the .joint resolution of August 16, ISfe, l)emg Senate Report No. 703, 
second session Forty-fourth Congress; 30,000 for the use of the Senate and 
40,000 for the use of the House of Representatives. 

HISTORY OF PORTSMOUTH (N. H.) NAVY-YARD. 
Mr. HALE. At the request of the Senatoe from New Hamp- 
shire [Mr. Chandler], who has been called away from the Sen- 
ate, I submit a resolution and ask for its present consideration. 
The resolution was road, as follows: 

Jtesnlred. That there be printed and bound with the history of the Ports- 
mouth na>T-yard the plans ot the yard made in IMO and in WM, showing the 
buildings and other improvements finished or proposed at those dates. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the resolution? 

Mr. COCKRELL. Let it be read again. What is the resolu- 
tion'.-' 

Mr. HALE. I will tell the Senator. We have provided for 
the printing of a certain work upon the Portsmouth navy-yard. 
This is a resolution providing that there shall be printed with 
that certain maps and charts of the yard. 

ISIr. HARRIS. Should not the resolution go to the Commit- 
tee on Printing^ 

Mr. HALE. It will add nothing of any account to the ex- 
pense. It is not of magnitude enough to go to the Committee 
on Printing under the rule. 

The VICE-PRESIDENT. The resolution refers to two small 
maps. 

Mr. COCKRELL. Oh, yes; that is all right. 

The resolution was considered by unanimous consent, and 
agreed to. 

CITIZENS' B.\NK OF LOUISIANA. 

Mr. HALE. Tho^enator from New Hampshire [Mr. Chan- 
dler], who has ju^t been called from the Senate by a dispatch 
: announcing the seVious illness of a member of his family, asked 
me to enter a motion to reconsider the vote by which the Senate 
yesterday passed the bill (S. 145) to authorize the Court of Claims 
to hear and determine the claim of the Citizens' Bank of Louisi- 
ana, etc. I enter that motion now. 

The VICE-PRESIDENT. The motion will be entered. 

Mr. HALE. If the bill has gone to the other House, I ask that 
a message be sent recalling it. 



1892. 



CONGRESSIONAL REOOllD— SENATE. 



4593 



The VICE-PRESIDENT. That order will be made in the ab- 
Bence of objection. , 

MRS. CLAKA MORRIS. 

Mr. PEPFER. Some time during the early part of the ses- 
sion a bill was presented for the relief of ]\Irs. Clara Morris. It 
was referred to the Committee on Claims. By direction of the 
ft committee I had the honor of ropoi-ting the bill adverselj'._ I 
have just received a letter from the claimant asking: permission 
to withdraw the papers in the case from the files of the Senate. 
In her name I now make the I'equest. 

Mr. COCKRELL. That will be done subject to the rule of 
the Senate. 

The VICE-PRESIDENT. Leave will be granted subject to 
tlie rule of the Senate. 

Mr. PEPPER. What is the rule? 

Mr. COCKRELL. To leave copies when the case has been re- 
ported adversely. 

Mr. PADDOCK. It is a standing rule. 

The VICE-PRESIDENT. Copies are left when a case has 
been reported adversely. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had passed 
the following bills and joint resolutions; in which it requested 
the concurrence of the Senate: 

A bill (H. R. f793l *o provide for semiannual statements by for- 
eign corporations doing business in the District of Columbia; 

A bill {H. R. 7720) to authorize the construction of a bridge 
across the Savannah River; 

A bill (H. R. 8125) to provide for the regulation of the equip- 
ment and operation of street-railroad lines with the District of 
Columbia by the Commissioners of said District; 

A bill (H. R. 8295) to authorize the Glen Echo Railroad Com- 
pany to cross the Washington Aqueduct; 

A joint resolution (H. Res. 121 ) relating to the Memorial Asso- 
ciation of the District of Columbia; and 

A joint resolution (H. Res. 132) to pay the officers and em- 
ployes of the Senate and House of Representatives their respec- 
tive salaries for the month of May, 1892, on the 28th day of said 
month. 

The message also announcad that the House had passed the 
following bills: 

A bill (S. GOl) for the regulation of the practice of dentistry in 
the District of Columbia, and for the protection of the people 
from empiricism in relation thereto; 

A bill (S. 24(iO) to repeal the license tax of $25 per year now 
imposed upon produce-dealers in the markets of the District of 
Columbia; and 

A bill (S. 2U13) to amend sections 2807 and 2881 of the Revised 
Statutes. 

TENNESSEE RIVER BRIDGE AT CLIFTON, TENN. 

The VICE-PRESIDENT. Is there further morning business? 
If not, that order is closed, and the first bill on the Calendar 
under Rule VIII will be pi'oceeded with. 

. The bill (H. R. 7092) to authorize building a bridge over the 
Tennessee River was announced as first in order on the Calendar, 
and llje Senate, as in Committee of the Whole, proceeded to its 
consideration. 

The bill was reported from the Committee on Commerce with 
amendments. 

The first amendment was, in section 1, line 11, after the word 
" county," to insert "in the State of Tennessee; " inline 12, after 
"point," tostrikeout " which" and insert "as;" and, in the same 
line, after "May," to strike out the words "deem more accspt- 
able" and insert the word " determine: " so as to make the sec- 
tion read: 

That tlie St. Louis .ami Ulnningham Railway Company, ;i. corporation 
created and orftanized under the law,s of lUc State of Tennessee, be, and is 
hereby, authorized to construct and maintain for the ptirjiose of rtumiug 
railway trains, also for passage of all kinds of road vehicles, wagons, carls, 
and conveyances for passengers, and for foot passengers, if said railroad 
company may desire to so do, a bridge over the Tennessee River, at a point on 
said river Uno\\-n as Clifton, In Wayne County, in the State of Tennessee, or 
within '2 miles either above or below said point, as said company may deter- 
mine. 

The amendment was agreed to. 

The next amendment was, in section 2, line 6, before the word 
" transportation," to strike out ' ' the," and in line 9, after the word 
"telegraph," to insert " and telphone; " so as to make the section 
read: 

That any bridge built under this act and subject to its limitations shall be 
a lawful structure and shall be recognized and knouTi as a post route, upon 
which no higher charge shall be made for the transmission over the same of 
the mails, troops, and the munitions of war of the United States passing 
over said bridge than the rate per mile paid for transportation over the rail- 
road leading to said bridge; and equal privileges in the use of said bridge 
shall be granted to all telegraph and telephone companies, and it shall enjoy 
the rights and privileges of other post roads In the United States. 



The amendment was agreed to. 

The next amendment was, in section 3, line 5, after the word 
"clear," to insert "at low-water mark;" so as to read: 

That the bridge built under tlii.s act shall be constructed as a pivot draw- 
bridge, with a draw over the main channel of the river at an accessible and 
best navl liable point, and with spans not less than ItH) feet in length in the clear 
at low- water mark on each side of the channel or pivot pier of the draw, and 
said span shall not bo less than 10 feet above extreme high-water mark, 
measuring to the lowest part of the superstructure of the bridge: and the 
piers of said bridge shall be parallel to and the bridge itself at right angles 
to the current of the river at the average stage of water where said bridge 
may be erected. 

The amendment was agreed to. 

Tlio next amendment was, in section 3, line 13, after the word 
" clear," to insert " at low-water mark; " so as to make the proviso 
read: 

Provided also. That In said bridge there shall be one span of not less than 
.100 feet in length in the cle.ar at low-water mark; that .said draw shall be 
opened promptly by s.aid company, upon reasonable signal, for the passage 
of boats or vessels: and said corpo"ration shall maintain, at its own expense, 
from simset to sunrise, such lights or other signals as the Light-House Board 
shall prescribe. 

The amendment was agreed to. 

The next amendment was, in section 4, line 14, before the word 
"Tennessee," to insert "the State of;" so as to road: 

And in case of any litigation arismg trom any obstruction or alleged ob- 
struction to the free navigation of said river, caused or alleged to be caused 
by said bridge, the case shall be brought in the district court of the United 
States of the St.ate of Tennessee in which any portion of said obstruction or 
bridge may be located. 

The amendment was agreed to. 

The next .amendment was, in section (>, line 6, after the word 
"owner," to insert " or owners; " so as to make the section read: 

That all railroad companies desiring the use of any bridge constructed 
under this act shall have and be entitled to equal rights and privileges rela- 
tive to the passage of railway trains or cars over the same and over the ap- 
proaches thereto upon payment of reasonable compensation for such use; 
and in case the owner or owners of said bridge, and the several railroad com- 
panies, or any one of them, desiring such use shall fail to .agree upon the sum 
or sums to be paid, and upon rules and conditions to which each Hh;ill con- 
form in using said bridge, all matters at issue between them shall be decided 
by the Secretary of War upon a hearing of the allegations and proof of the 
parties. 

The amendment was agreed to. 

The next amendment was, in section 7, line 14, bsfore the word 
"cents," to strike out "sixty" and insert "fifty," and in line 17, 
before the word "each," to strike out " 2 cents " and insert " 1 
cent;" so as to make the section read: 

That it shall not be obligatory on s;iid company in constructingsaid railroad 
bridge to so construct the same for t he [lassage of road vehicles or foot passen- 
gers, but may, as in this act provided, construct the same only as a railroad 
bridge If said company so decides; liut in case the said bridge 'is constructed 
for the passage of common road vehicles and foot passengers, said company 
shall have no right to charge tolls on the same for a longer period than fifteen 
years, and then the same for such travel shall be free. But in charging tolls, 
no charge shall be in -'xcess of the amounts here stated, to wit: Footinen. 5 
cents each; sin--!e horse conveyance, including conveyances for i>eople, 20 
cents each; double norse conveyances 30 cents: four-horse convej-ances, 
drawn by horses or oxen. U> cents; horses with riders, 10 cents; horses and 
cattle loose or led. cents each ; sheep and hogs, 4 cents each ; turkeys, 1 cent 
each. 

The amendment was agreed to. 

The next amendment was, in section 8, line (i, aft-r the word 
"year," to strike out the words " from the passage of this act, 
and it becoming a law: " and in line 8, after the word "from," 
to strike out the words " that time" and insert "date hereof;" so 
as to make the section read: 

That the right to alter, amend, or repeal this act is hereby e.tpressly re- 
served, without any liability of the United States for damages on account of 
the alterations, amendments, or repeal of this act. That this act shall be 
null and void if .actual construction of the bridge herein authorized be not 
commenced within one year and completed in three years from date hereof. 

The amendment was agreed to. 

Mr. ALLISON. There arc a good many amendments made to 
that bill. I should like to hear it read as amended. 

Mr. BATE. I believe all those amendments came from the 
committee. 

The VICE-PRESIDENT. They were all reported from the 
Committee on Commarce. Does the Senator from Iowa desire 
to have the bill read as amended? 

Mr. ALLISON. I shall not press the request, although there 
are a good many small amendments, and I should like to know 
their effect on tho bill. 

The VICE-PRESIDENT. They are mostly verbal amend- 
ments. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The amendmenls were ordered to be engi-ossed, and the bill to 
be read a third time. 

The bill was read the third time, and pas.5ed. 

PUBLIC BUILDING AT OWOSSO, MICH. 
The bill (S. 300) for the construction of a public building at 
Owosso, Mich., was considered as in Committee of the Whole. 
The bill was reported from the Committee on Public Build- 



XXIII- 



-288 



4594 



CONGRESSIONAL RECORD— SENATE. 



May 24, 



Ji'i 



Ings and Grounds with an amendment, in lino 13, before the word 
" thousand, " to strike out " sixty " and insert "lifty:" and inline 
14, before the word '• thousand," to strike out " sixty " and in- 
sert '' fifty;" so as to read: 

Thiit tUe Serrelary of the Treasury be, and lie is hereby, authorized and 
directed to piu'chas'e, ai'quire by condemnation, or otherwise prortde a site 
and cause to be erected thereon a suitable, coramodiotis, and substantial 
buiUUug, including flreproot vaults, healing and ventilating apparatus, ele- 
vators, and approaches, forthe use and accommodation of the United States 
post-office and other Government olllces In the city ol Owosso and State of 
Michigan; the cost ol the site and building, including Ureprool vaults, heat- 
ing and ventilating apparatus, elevators, and approaches, complete, not to 
exceed the sum ot $50,000, which said sttm of S50,000 is hereby apiM'opriated 
for said purpose out ol any moneys in the United States Treasttry not other- 
wise approiM'iated, upon the following provisions: 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and pa.ssed. 

ADjTUSTNnSNT OF LAND GRANTS. 

The bill (S. 177-1) to enable the Secretary of the Interior to 
cari'y out the provisions of certain laws was announced as next 
in order. 

Mr. COCKRELL. Let that bill be passed over without jsreju- 
dice. 

The VICE-PRESIDENT. The bill will be passed over with- 
out prejtidice. 

ISHAM T. OWEN. 

The bill (S. 2386) for the relief of Isham T. Owen, of Missouri, 
war, considered as in Committee of the Whole. 

The bill was reported from the Committee on Claims with an 
amendment, at the end of the bill to insert " and after such pay- 
ment the Secretary of the Treasury shall report his action in 
thi- premises to the governor of the State of California;" so as to 
make the bill read: 

/;<• it enacted, etc.. That the Secretary of the Treasury be, and he is hereby, 
authorized and directed to examine the claim of Isham T. Owen, of Altona, 
Bates Cotmtv, Mo., for the payment of two California Indian war bonds, is- 
sued by the 'state of California in payment of the expenses by her incurred 
in the suppression of Indian hostilities in that Slate prior to January 1, 1854, 
payment of which was assumed and authorized to be made by Congress un- 
der its act approved August 5, 1851 (10 United States Stattites, 583 and 583i. 
as modified by the act of Congress of August 18, 1850 (11 United States Stat- 
utes. 91) , which bonds were owned and lost by said Owen ; .and if he be satis- 
fied thatsaid bonds have never been paid by orpresented to the United States 
that he be, and is hereby, authorized to audit said claim; and upon the filing 
with said Secretary by said Owen, or by his heii-s, administrators, or legal 
representatives, of a bond sufficient in the opinion of s;tid Secretary to in- 
demnify the United States against all possible loss in these premises, to pay 
.said bonds, with interest up to September I, 1850, said payment to bo made 
otit of the unexpended balance of the appropriation made by Congress under 
.said acts, which is hereby reappropriated for such purpose; and after such 
payment the Secretary of the Treasury shall report his action in the jjremises 
to the governor of the' State of California. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The bill was ordered to bo engrossed for a third reading, read 
the third time, and passed. 

PURCHASE OF PORTRAIT OP GEN. G. H. THOMAS. 

The bill (S. 680) to authorize the purchase of Lawrie's picture 
of Gen. George H. Thomas was announced as next in order. 

Mr. HALE. I ask that that bill may be passed over without 
prejudice. 

The VICE-PRESIDENT. The bill will be passed over with- 
out prejudice. 

LE.VVE OP .VBSENCE TO EMPLOYES IN BUREAU OP ENGRAVING 
AND PRINTING. 

The bill (S. 17(iS) to allow thirty days' leave of absence to em- 
ployes in the Bureau of Engraving and Printing was considered 
as i'n Committee of the Whole. 

The bill was reported from the"Committeo on Education and 
Laber, after recommittal, with an amendment, to strike out all 
after the enacting clause and insert; 

That the eraployi^s of the Bureau of Engravingaud Printing, Including the 
pieceworkers, shall be allowed leave of absence w-ith pay, not exceeding thirty 
working days iu any one year, under such regulations and at sttch time or 
times as the Chief of the Bureau, with the approval of the Secretary ot the 
Treasury, may prescribe and designate: Provided, That the length of the 
leave of absen'ce of any employf: of said Biu-eau doing piecework, and the pay 
during such leave ot absence, shall be determined by the average amount of 
work done by such person and the pay therefor during the several ^voriung 
months of the year. 

The VICE-PRESIDENT. The amendment will be regarded 
as agreed to, if there be no objection. 

Mr. COCKRELL. There was some question in regard to that 
bill. I think it was once before the Senate and was recommit- 
ted. The point is in regard to 

Mr. PEEPER. Mr. President 

The VICE-PRESIDENT. Does the Senator from Missouri 
yield to the Senator from Kansas? 

Mr. COCKRELL. I yield. 



Mr. PEPPER. I was going to suggest that, in the absence fif 
the Senator from Wyoming [Mr. Carey], who has been inter- 
ested in this bill, perhaps it had tetter b3 passed over until his 
return. 

Mr. COCKRELL. Let it be passe 1 over without prejtidice. 

The VICE-PRESIDENT. The bill will b 3 passed over wit' 
out prejudice. The amendment reported by the committee wiii 
be regai'ded as still oi)en. 

RIGHT OP WAY ACROSS FOND DU LAC INDIAN RESERVATION. 

The bill (S. 2705) granting to the Duluth and Winnipeg Rail- 
road Company a right of way across the Pond du L-ic Indian Res- 
ervation was considered as in Committee of the Whole. 

The bill w;as reported from the Committee on Indian Affaii 
with an amendment, in section 2. line 14, after the word " res •r- 
vation,'' to strike out "as"' and insert "to the location of said 
road and;" so as to read: 

But no right of way of any kind shall vest iu said railroad comiKiny in ' >r 
to any ijart of the right of way herein pi'ortded tor until plats thereof, mail.- 
tipou'actual survey for the definite location of such side, spur, or stub trade, 
shall have been ap'proved by the Secretary of the Interior, and until tlie cmii 
pensationatoresaul shall have been fixed and paid, and the consent of the 
Indians on said reserv;ition to the location of said road and to the amouu; 
of said compensation shall have been first obtained in a manner satisfactorj' 
to the President of the United .States. 

The amendment was agreed to. 

The bUl was reported to the Senate as amended, and the 
amendment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. Ji 

PUBLIC BUILDING AT OAKLAND, GAL. 

Mr. STANFORD. I ask the Seniits to consider at this time 
the bill (S. 1214) to provide forthe jjurchass of a site for and the 
erection of a public building at Oakland, in the State of Cali- 
fornia, heretofore passed over without prejudice. 

There being no objection, the Senate, as in Committee of the 
Whole, ])roceeded to consider the bill. 

Mr. STANFORD. Mr. President, Oakland is a place of about 
50,0110 inhabitants. The collections at the post-office there last 
year amounted to $83,206.51, and the net revenue to $37,172.02. 
The public building accommodations there at the ])resent time 
are entirely insuflicient. Oakland is a verj- prosperous and grow- 
ing city, and is really very much in need of a new post-office. 

I think the amouiit as reported by the committee is not too 
much, and property in the neighborhood of where the lot is lo- 
cated is very valuable and worth a good deal of money. In the 
opinion of the architect, as stat5d in the report, the amount 
named is required to construct a proper building. 

This bill has been heretofore reported favorably and passed 
the Senats a year ago but failed to receive action in the other 
House. 

Mr. COCKRELL. While I am not going to object to the pas- 
sage ot this bill, it prop )ses to take $300,000 out of the Treasury, 
and the Treasury can not stand that drain for this purpose. 
Theie is no absolute necessity for this building, no public ur- 
gency requiring it, and. in my judgment, the condition of the 
Treasury does not justify Congress in making the appropriation 
of this amount for a public building at that place. I simply de- 
sire to have entered on the record that I vote against the passage 
of this bill. 

ThL' bill wa,s reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

PUBLIC BUILDING AT SAN DIEGO, CAL. 

Mr. STANFORD. I now ask for the consideration of the bill 
(3. 1212) to provide for the erection of a public building at San 
Diego, Cal. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

Mr. STANFORD. The buUding provided for by the bill is to 
accontmodato the poil-office. the custom-house, a military post, 
and an internal-revenue office, and it will be but a short time be- 
fore the constantly increasing business at San Diego will make 
it necessary to have United States courts there. That is the 
statement in the report made by the House committee. The 
building is very badly needed not only for a post-office, which 
now gives an aiinual i'ue jm ' ol $20,000 and a net revenue of over 
.$12,000, but the erection o: a building is very much needed for a 
ctistom-house there and also for the collector of internal reve- 
nue. There are scarcely any accommodations there, and only 
such as San Diego needed years agovrhen it was a village of two 
or three thousand peoiilc.' The place is constantly increasing, 
and this increase has been particularly great during the past 
few years. It promises to become a large city. 

Tli" bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 



1892. 



CONGRESSIONAL EECOED— SENATE. 



4645 



Sunday; which was referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. H AWLE Y presented a memorial of the "West Suffleld Con- 
gregational Church of Connecticut, remonstrating against the 
opening of the World's Columbian Exposition on Sunday; which 
was referred to the Committee on the Quadro-Centennial (Se- 
lect). 

REPORTS OF COMMITTEES. 

Mr. GALLINGER, from the Committee on Pensions, to whom 
was referred the bill (S. 641) to adjust the pensions of those who 
have lost limbs or the use of them, or have additional disabili- 
ties, reported it with amendments, and submitted a report 
thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 2794) to pension soldiers and sailors for disabilities re- 
ceived in addition to loss of a log or an arm, reported adversely 
thereon, and the bill was postponed indefinitely. 

Mr. WHITE, from the Committee on Public Lands, to whom 
was referred the bill (S. 1710) to authorize the Rio Grande, 
Mexico and Pacific Railroad Company to purchase certain land, 
reported it with an amendment, and submitted a report thereon. 

Mr. VILAS, fi'om the Committee on Claims, to wliom was re- 
ferred the bill (S. 2')02) to reimburse the State of Kentucky for 
ai'ms, ordnance, and ordnance stores issued to volunteers and 
mititia organizations and United States ordnance officers, and 
used in aiding to suppress the r,.'bellion agaiqst the United States, 
asked to be discharged from its further consideration, and that 
it be referred to the Committee on Military Affairs; wliioh was 
agreed to. 

He also, from the Committee on Claims, to whom was referred 
the bill (S. 1G64) for the relief of Lester Noble, reported it with 
amendments, and submitted a report thereon. 

Mr. DAVIS, from the Committee on Pensions, to whom were 
referred the following bills, reported them severally without 
amendment, and submitted reports thei'eon: 

A bill (S. 2<J79) for the relief of Edward Dorsey, late Company 
C, First United States Colored Troops; and 

A bill (S. 3160) providing a pension for Mrs. Julia C. Sharps 

Mr. SAWYER, from the Committee on Pensions, to whom 
was referred the bill (H. R. 5377) granting a pension to Mary 
Isabella Hutchison, reported it without amendment, and sub- 
mitted a report thereon. 

He also, from the Committee on Post-Offlces and Post-Roads, 
to whom was referred the bill (S. 1465) for the relief of Frank J. 
Burrows, reported it without amendment, and submitted a re- 
port thereon. 

Mr. SQUIRE, from the Committee on Public Buildings and 
Grounds, to whom were referred the following bills, reported 
them severally without amendment, and submitted reports 
thereon: 

A bill (S. 2996) providing for the erection of a public building 
at Muscatine. Iowa; and 

A bill (S. 677) for the erection of a public building at Muncie, 
State of Indiana. 

Mr. SQUIRE, from the Committee on Public Buildings and 
Grounds, to whom was referred an amendment submitted by Mr. 
Hawley on the 20th instant, intended to be proposed to the 
sundry civil appropriation bill, reported it favorably, and moved 
that it be referred to the Committee on Appropriations and 
printed; which was agreed to. 

Mr MITCHELL, from the Committee on Claims, to whom was 
referred the bill (S. 457) for the relief of the assignees or legal 
representatives of John Roach, deceased, to pay balance due on 
the United States steamer Dolphin, reported it with an amend- 
ment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 29) for the relief of Wetmoro & Bro., of St. Louis, Mo., 
reported it without amendment, and submitted a report 
thereon. 

Mr. MITCHELL. I am instructed by the Committee on Post- 
Offices and Post-Roads to report back adversely the bill (S. 2834) 
to amend section 3893 of the Revised Statutes of the United 
States, and for other purposes, and to submit a report thereon, 
and move the indefinite postponement of the bill. It is a bill 
proposing an amendment to the law excluding obscene literature 
from the mails. The reason for the adverse report is mainly that 
in the judgment of the committee tlie legislation now on the 
statute book is ample for the purpose intended. 

The VICE-PRESIDENT. The bill will be indefinitely post- 
poned. 

Mr. VOORHEES, from the Committee on Finance, submitted 
a report to accompany the bill (S. 1525) directing the issue of 
duplicate United States bonds to Elijah P. Hollcroft, guardian 
of Burtijn J. Parr, heretofore reported by him. 



PEACE CONFERENCE AT CHICAGO. 

Mr. SHERMAN. I am directed by the Committee on Foreign 
Relations to report back the joint resolution (S. R. 34) to provide 
for a peace conference in the city of Chicago in 1<S93, and also a 
resolution and several petitions from important bodies of the 
United States praying for the same object, and to ask that the 
committee be discharged from their further consideration on the 
ground that this object, which every one desires, is more likely 
to be accomplished by tlie action of tlio workl's congress aux- 
iliary to the World's Columbian E.xposition of 1S93. Upon this 
subject I will ask to have printed a letter from the Secretary of 
State, together with certain schedules and i)rogrammes, which I 
send to the desk. 

The VICE PRESIDENT. The Committee on Foreign Rela- 
tions will be discharged from the further considei-ati(m of the 
joint resolution and the petitions. 

Mr. SHERMAN. I ask that the letter, in the nature of a re- 
port, and the accompanying documents, be printed. 

The VICE-PRESIDENT. Shall the' joint resolution hi re- 
ferred to the Select Committee on the Quadro-Centennial':' 

Mr. SHERMAN. It is not necessary tliat it slioukl have any 
further reference'? As the letters and papers show, it is already 
provided for in the action of the auxiliary congress, as it is 
called, of tlie Columbian Exposition. I ask that the papers be 
published for the information of the Senate. 

Th _■ VICE-PRESIDENT. The joint resolution and the iieti- 
tions will lie on the table, and the accompanying papars will be 
printed. 

BILLS INTRODUCED. 

Mr. DAVIS introducjd a bill (S. 3203) granting a pension to 
Daniel Whalen; which was read twice by its title, and referred 
to the Committee on Pensions. 

He also introduced a bill (S. 3204) granting a pension to A. K. 
Maynard; which was read twice by its title, and, with the acc;im- 
panying papers, referred to the Committee on I'ensions. 

Mr. ]3aWES (by request) introduced a bill (S. 3205) to author- 
ize the building of permanent bridges with fixed spans across 
JJieJ±aiflB^B?fliver, New York; which was read twice by its title, 
and referred to the Committee on Commerce. 

Mr. PETTIGREW introduced a bill (S. 3206) to dispose of that 
portion of the Fort Randall military reservation which lies in 
the State of South Dakota: which was read twice by its title, and 
referred to the Committee on Public Lands. 

Mr. STANFORD introduced a bill (S. 3207) for the relief of 
Emily Murdoch, administratrix: which was read twice by its 
title, and referred to the Committee on ISIilitary Affairs. 

Mr. DIXON introduced a bill (S. 3208) for the relief of Han- 
nah L. INI. Frye; which was read twice by its title, and referred 
to the Committee on Patents. 

Mr. PERKINS introduced a bill (S. 3209) granting a pension 
to S. W. Johnston; which was read twic3 by its title, and re- 
ferred to the Committee on Pensions. 

Mr. BUTLER introduced a bill (S. 3210) for the relief of the 
Rev. E. T. Walker; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Claims. 

Mr. WOLCOTT introduced a bill (S. 3211) to authorize the 
establishment of an academy and gallery of art in the District 
of Columbia; which was read twice by its title, and referi-ed to 
the Committee on the District of Columbia. 

Mr. CAMERON (for Mr. QUAY) introduced a bill (S. 3212) to 
authorize the Philadelphia and Camden Elevated Bridge Com- 
l)any to erect a bridge over the river Delaware at Philadelphia 
for general purposes and as a ];o3troad; which was read twice by 
its title, and referred to the Committee on Commerce. 

Mr. McMillan introduced a joint resolution (S. R. 88) to 
authorize the postmaster of the city of Washington to constrvy^ 
and maintain a platform in the alley in square 454; whicli WoS 
read twice by its title, and. with the accompanying papers, re- 
ferred to the Committee on the District of Columbia. 

AMENDMENTS TO BILLS. 

Mr. TELLER submitted an amendment intended to be pro- 
posed by him to the legislative, executive, and judicial appro- 
jiriation bill; which was referred to the Committee on Privileges 
and Elections, and ordered to be printed. 

Mr. JONES of Arkansas submitted an amendment intended 
to be proposed by him to the general deficiency appropriation 
bill; which was referred to the Committee on Appropriations, 
and ordered to be printed. 

JUDGMENTS IN INDIAN DEPREDATION CASES. 

Mr. MITCHELL submitted the following resolution; which 
was considered by unanimous consent and agreed to: 

Htsolved, That the Attorney -General be directed to trausiuit to the .Senate 
a list of the judgments rendered In the Court of Claims In Indian depreda- 



4646 



CONGRESSIONAL EECORD— SENATE. 



May 25, 



tlon cisps lU) to the Isl of Jime, 1892, together with a statement of the date 
w<u-n e'-ic'h was renderefl. In ^vhose favor rendered, and Iho amount In eaeh 
ca'^e- also the total amount of claims uoiv iwrndlng in said court and not de- 
tenn'ined, which have heretofore been examined, approved, and allowed by 
^1,P Secretary of the luteripr, or imder his direction. 

MESSAGE FKOM THE HOUSE. 

A mes.sag-c from the House of Representatives by Mi\ T. O. 
Towi.ES, its Chief Clerk, returned to the Senate, in compliance 
ivitli its request, the bill (S. 14;j) to authorize the Court of Claims 
to hear and determine the claim of the Citizens' Bank of Louisi- 
ana, etc. 

The message also announced that the House had passed the 
bill (S. 161G) making- Laredo, Tex., a subport of entry. 

Tiio message further announced that the House had passed the 
bill (S. 1307)°to provide a permanent system of highways in that 
part of the District of Columbia lybig- outside of cities, with 
amendments in v.hich it requested the concurrence of the Sen- 
ate. 

Tb.e mes-a^e also announced that the House had agreed to the 
amcndments'^ot the Senate to the following bills; 

A bill (H. R. 192:5) granting an htuorablc discharge to William 
W. Wedgwood: aud 

A bill(H. R. 7002) to authorize building a bridge over Ten- 
nessee River. 

Tiie message further announced that the House had disagreed 
to t'.ie amendment of the Senate to the bill {H. R. 8275) to au- 
tho:-ize the Glen I'icho Uaili-oad Company to cross the Washing- 
ton Aqueduct; asked a conference with the Senate on the disa- 
o-i eeing votes of the two Houses thereon, and had appointed Mr. 
Heard, Mr. Richardson, aud Mr. Post managers at the con- 
fereuc3 on the part of the House. 

The message also announced that the House had passed the 
following bills, in which it requested the concurrence of the 
Senate: 

A i)ill (H. R. 915) for the relief of the heirs of Noah Noble, 
deceased; and 

A bill (H.R.8367)regulatingtheaeliveryandsaleoficewithin 
the District of Columbia on the Sabbath day, commonly known 
as Sunday. 

ENROLLED BILL SIGNED. 

Thi> message further announced that the Speaker of the House 
had signed the enrolled bill (H. R. 711) to remove the charge of 
desertion now standing against Albert Keach; and it was there- 
upon signed by the Vice President. 

PORTSMOUTH (N. H.) DRY DOCK. 

Tne VICE-PRESIDENT. If there is no further morning 
business that order is closed, and the Calendar, under Rule 
VIII, is in order. The first bill on the Calendar will be stated. 

The bill (S. 1772) for the construction of a wooden dry dock at 
the United States Navy-Yard, Portsmouth, N. H., was an- 
nounced as first in order on the Calendar. 

Mr. COCKRELL. Let that bill be passed over for the present. 

The VICE-PRESIDENT. Without prejudice? 

Mv. COCKRELL. Yes. sir. 

The VICE-PRESIDENT. The bill will be passed over. 

THE FINANCLVL SYSTEM. 

The next business on the Calendar was the resolutions sub- 
mitted by Mr. Morgan, directing the Committee on Finance to 
make examination and report to the Senate certain information 
in relation to currency and coinage. 

Mr. MORGAN. On that I ask for the yeas and nays. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolutions, on which the Senator from Alabama demands the 
veas and nays. 

' I\Ir. ALLISON and Mr. SHERMAN. Let the resolutions be 
read. 

The VICE-PRESIDENT. Theresolutions willbeagainstated. 

The Chief Clerk. Resolutions by Mr. Morgan, directing 
the Committee on Finance to make examination and report to 
the Senate certain information in relation to currency and coin- 
age. 

The VICE-PRESIDENT. Is the demand for the yeas and 
nays seconded? 

The .veas and nays were ordered. 

Islv. CULLOM. " I hope the resolutions will be read. We do 
not know what they are. 

The VICE-PRESIDENT. The resolutions will be read at 
length. 

The Chief Clerk read the resolutions submitted by Mr. Mor- 
gan March 31, 18!>2, and the supplemental resolution submitted 
by him April 5, 1892, as follows: 

Jir'soleed. That the Comraitteeon Finance is directed to make examination, 
and rei)ort to the Senate as soon as practicable- 
First. What has been the effect on the price of silver bullion, of the provi- 



siou.s of the act of July 14, 1890, airectlag the purchase of silver bullion and lh9 
Issue of Treasury notes thereon, and whether the said act has in any man- 
ner contributed to promote or sustain the " established policy of the United 
.States to maintain the two metais, gold and silver, on a parity with each 
other upon the present le^al ratio," or such ratio as may be provided bylaw, 
as declared in sect ion 2 of said act. 

Second. 'Whether the issue of Treasury notes as provided In said act has lieon 
and wiU be a suflicient pro\'islon of law for maintaining ''the two moials on 
a parity with each ottier upon the present le:^al ratio," or whether any and 
what further legislation ts necessary to provide a new ratio between gold 
and silver to keep them on a parity with each other. 

Third. Whether the Treasury notes that have been Is.sued under the first 
section of said act of July 11, 1890, have at any time, or at any place, been at 
a discount in exchange for gold or silver coin, and whether, in the judsment 
of said committee they are likely to be at such dlscoimt, if said act shall re- 
main permanently in full force aud operation. And further, whether said 
Treasury notes f m-uish to the people a safe aud sound legal-tender currency, 
as good for their purpo.ses as gold coin or silver coin ; and further, whether 
said Treasury notes have at any time, since the date of the act of July 11. 1890. 
taken the place In ournatloual cm-rency of large sums of gold coin thatwere 
sent to Euroi>e for speculative purposes, and whether the presence of those 
Treasury notes in our volume of cun-ency.. during the absence of such large i 
sums of gold, did not save our people and our Government from a dangerous I 
financial crisis and threatened bankruptcy. 1 

Fourth. Whether the coining or issue of any dollar of gold or .silver is now ' 
authorized by the laws of the United States, and. if so, under what law is 
.such coinage pei-mi tted ; aud further, whether it is a sate flimnclal system to 
authorize the prmting aud i-ssue of payer dollars, and to forbid the coinage .■ 
of gold and.silver dollars. 

Fifth. Whether it is just to the people who are compelled to nse the sub- 
sidiary coins of the United States in their dally.biLsiness. and to receive tliem 
in pa\inent for labor, and, also, to use them in pa::meut for food, meUiciue, 
raiment, and shelter, that such coins should cimlain less pure slher than 
the full legal-tender silver dollar in which their credltoi'S and bankers have 
the right to collect their debts from them. 

Sixth. That said committee ascertain and report to the Senate, as nearly 
as they may. the proj;oi1ion of the silver coin aud gold coin that Is in actir. i 
circulation' in Great Hritain and the European states: in Russia. China, :j 
Japan ; in India, Turlcev, and Egj'pt, and in Australasia, Canada, the Un i . 
States, and each of the other commercial states on this hemisphere, anu . . 
Hawaii, and the West Indian Islands. 

2. liesolved further. That Inasmuch as great anxiety exists among the im 
dustrial classes of the United States as to the causes of the depression mi 
prices and the paralysis of markets for their productions, and as their ,- ■ 
terings ai'e severe, that said committee shall proceed promptly to inf.n 
the Senate upon the matters submitted to them under the foregoing res. ■: 
tlons, except the sixth, and, as to that resolution, they shall have aulhorli > 
to send for persons .and papers. If they shall see lit, 

Jiesotved, That the Committee on Finance is instructed toprepai-e ami r 
port to the Senate an act supplementary to the "act directing the purchi . • 
of silver bullion and the issue of Treasury notes thereon, and for other i"U • 
poses," approved July 14, ISHO, which shall prortde for the coinage ol g. ,1 
and silver bullion oii equal terms as to each metal, and for the issue >n 
Treasury notes in denominations not to exceed $500, and upon the the Wvw.a 
and conditions prescritx'd in said act, upon all gold and silver bullion that 
the United St.ates shall acquire by purcha,se, and that any depositor v. li.> 
shall deposit in the Treasury gold or .silver bullion in quantities of not U : 
than SlOO in value, the produ'ct of mines in the United States, which has rat 
been previously coined, shall, at his option, receive coin certificates for the 
same at the mint value of such bullion. 

Mr. MORRILL. Mr. President, much of this iuformation I 
suppose might be easily obtained, and there is so much of it that 
might require a long time that I fear my life will not be long 
enough to get through with it. I therefore would ask the Sen- 
ator from Alabama who introduc?d the I'esolutions whether ho 
would have any objection to have them referred to the Commit- 
tee on Finance, that we may examine them first Ijcforo acting 
upon them? 

Jilr. MORGAN. Mr. Pi-esideut, the resolutions ai-o resolu- 
tions of the Senate to instruct that committee what to do, and 
I do not suppose that they would like to have a matter of that 
sort referred to them in the first place. The Senate has an in- 
dependent judgment about this matter which I desire to have 
expressed. It itisadversetome, well and good. The resolutions 
contemplate that the Committ-ee on Finance shall not only re- 
spond to these resolutions of inquiry in 1 ho manner in which they 
are stated, but also shall report a .siipjilemental bill. The roso- 
lutioHS in fact bring right to the front the question of the free 
cohiage of silver, and of course I do not wish to have that referred 
to that committee. where I know it would simply meet its grave. 
I know, of course, if the resolutions get into that committee wo 
shall hear no more of them until after the Democratic conven- 
tion at Chicago, and then I am afraid my Democratic brethren 
will not feel so much interest in them as they do now, and I wan t 
them acted ou. It is a demand by those Senators here who be- 
lieve that the finances of the country ai-e in a very cripijled, sad 
condition for relief in behalf of the laboring, toiling millions of 
this land, and whether the Senate intcudsto indorse that demand 
or not I wish to know. Hence it is that I have asked for the 
yt as and nays upon agreeing to the resolutions. 

I am perfectly wUliug, without having consulted, however, 
with other gentlemen who feel as I do about these resalutions, 
to name a day, a very early d.ay. for the discussion of this sub- 
ject. I am willing also on that day to limit debate to four hours. 
I am willing aUo to limit each Senator's right to debate thissul>- 
ject to thirty minutes, so that not more than eight speeches can 
be made on cither side of it, and let the Senate then take up the 
subject and vote upon it, and let the country understand whei-c 
we are upon this question. If the subject of the free coinage o; 



1892. 



CONGRESSIONAL RECORD— SENATE. 



4651 



means that he is not only in favor of national coinage, but op- 
pos'Xl to international coinage, or anything looking to itV 

Mr. STEWART. Yes; I am opposed to sending gold men to 
Europe to connive with other gold men and fix some machinery 
whereby silver shall be entirely demonetized. 

Iilr. HIGGINS. Is the Senator opposed to sending silver men 
there? 

Mr. STEWART. I am opposed to an international conference 
until some of those who will be represented at such conference 
have expressed in an authoritative way that they will rehabih- 
tat.' silver on some terms. The United States has not done it. 
It is said that this conference is to have no ])o\ver except to ad- 
vise. Should we submit to a conference with the gold manipu- 
lators of Europe? Should v,-e ask them to arrange a programme 
nnder which silver can not be used as money? There is no evi- 
dence that they have any other purpose. 

I am opposed to an international conference unless it is on the 
basis that the parties engaged intend in good faith to rehaluli- 
tate silver, and until some expression of that kind is authorita- 
tively made it is a mere makeshift and a fraud. We have had 
two conferences, one in 1878 and one in 1881, and they both an- 
swered the end designed, to delay. This conference is lor de- 
lay. This conference is to bridge over. This conference is to 
disti-act the minds of the American people from the subject. 
This is a Morgan for an election both in England and the United 
States. Tho\- have a campaign in England. All the manufac- 
turers of that'great Empire have petitioned Parliament to give 
relief by the free coinage of silver. They have got to throw 
dust in the eyes of their people. The Administration has got to 
deceive men here, and both parties are afraid of thisissue. They 
are afraid to allow the people to siieak on this issue. Hence this 
is a Morgan for the coming election. That is all there is of it. 

Da you think that the speech of the Senator from Ohio will 
help this conference when ho gives out that free coinage would 
quintuple the production of silver, flood the world . make it more 
plentiful than lead? All these arguments are made for the pur- 
pose of showing that silver is not fit for use as money. What 
are the facts, with all the stuffing of statistics, and I think they 
have been stuffed, because they are naturally stuffed? I do not 
say that they are materially stuffed in this country, but when you 
take the reports from Mex'ico and South America of what those 
having mines for sale report of their production, they must neces- 
sarily be exaggerated. With all the exaggeration we only have 
about $130,0OU,000 of silver reported for the whole world. Here 
we have unprotectsd paper to the amount of more than $800.- 
000,000, that is, paper which has neither gold nor silver behind 
it. Before you could reaoha metallic basis, dollar for dollar, we 
would exhaust twice the silver obtainable. 

The reason why I do not care for an international coinage is 
because we would not get enough oven on the ratio of 16 or 15* 
to 1 to supply our wants. It is a mistake to say that the Treas- 
ury notes issued under the act of 1890 are secured by bullion, 
dollar for dollar. That is not true. These notes are secured by 
coin, dollar for dollar. They are redeemable in gold or silver 
coin, dollar for dollar, at the option of the United States. It 
was the question whether we would have bullion redemption 
here. We fought that question for months and defeated the 
Administration. There is no bullion redemption. There is no 
securitj' behind any one of these notes but a silver dollar, and 
the Score tarjf of the Treasury is required to coin sufficient of these 
silverdollarstoprovideforredemption,and hemustooin them at 
the coin value and not otherwise; not the market value. 

The United States is still speculating. It has made about 
$80,000,000 now out of the miner by the difference between the 
purchase price and the coin value of silver. I repeat, there is no 
security behind thesa notes but coin dollars. Furthermore, I 
say to those people who are fancying that they are on a sound 
basis that they are on the brink of a silver standard under ex- 
isting law. Not a silver standard with silver rehabilitated, but 
a degraded silver standard. Our greenbacks, our national-bank 
notes, our silver certificates, and our silver coin amount in round 
numbers to but $1,000,000,000. All these classes of money are 
receivable for public dues. 

As I said before, there arc only $118,000,000 behind this vast 
mass, this $1,000,000,000. Every month and every week the 
amount of gold going into the Treasury is less atid less. How 
arc we going to get gold to sustain this vast fabric on the gold 
basis? There will be little gold in the Treasury in a very short 
time, particularly if the gold advocates continue to disparage 
silver. 

The United States is not in a position to disparage silver. It 
has $500,000,000 of silver and silver certificates circulating among 
the people, and it is the duty of the Government to protect it. 
This is the gi-eatest silver-producing countrj' in the world, and 
it is the duty of the Government to foster the industry. We 



need money more than any other country, borrowing it from 
wherever we can, and it is our duty to coin o.u' own money, of 
we would coin what silver vro need there would be none left If 
the production of all the world for tlio next thirty years. We 
can take the 130,000,000 or 140,000,000 ounces per annum and put 
$500,000,000 or $000,000,000 behind this unprotected paper and 
increase our circulation with the growth of population. If we 
undertake to do that the product of silver is inadequate. The 
only difficulty is the want of a suflicieut supply. 

But the proposition, from the remarks of the Senator from 
Ohio, seems to be to call an international conference to demone- 
tize silver and not to remonetize it. I hope no conference will 
bo held for such a purpose. I predict here and now that the 
conference will result like those that have preceded, if not more 
disastrously. It may recommend something that we will have 
to meet, and something very injurious. The way is to pass a 
free-coinage bill and make an unlimited demand for silver in 
this country. That would put silver at par. But you say v/e 
can not su-tain it, and that Europe will help vis break it. 

How can she do it? If the silver dollar depreciates, if the two 
part company, what will be the result? Suppose the silver dol- 
lar should go down 10 per cent, could the European nations send 
their silver coin here to be recuinod into such cheap dollars? 
Why do they not send it to India and have itrecoined there? Tlio 
balance of trade has been against France and in favor of India 
for the last eighteen years to the extent of an average of $33,- 
000,000 a year. She does not send any silver to India to be ('oiued. 
India has free coinage. If we can not put silver to par there is 
no danger of Europe sending it here. They will not send it here 
any more than they would send it to India. If wo do put it to par 
anil maintain it there then everybody is willing that the silver 
shall come. 

I hops the resolutions will pas-;. I would prefer a direct bill, 
but I should like to see an exjiression right here before tlie 
nominating conventions, and see how many silver men we have, 
and how many men are satisfied with an international confer- 
ence to change the ratio and destroy silver, for that seems to be 
the design of the gold advocates, if we may judge from the re- 
marks of their representative, the Senator from Ohio. 

Mr. MORGAN. Mr. President, on the 10th day of December, 
1891, the Senator from Nevada [Mr. Stewart] introduced a bill, 
and sent it to the Committee on Finance, which provides for the 
free coinage of gold and silver bullion, and for other purposes. 
The committee took that bill under consideration, and they re- 
ported it back adversely through their chairman [Mr. Morrili-] 
on the 9th of February, 1892. That bill brought before that 
committee the whole consideration of the subject of the free coin- 
age of silver, so that the committee have had ample opportunity 
to consider this question, and the complaint the Senator from 
Ohio puts up this morning, that we would force them to the con- 
sideration of a new subject, I think is hardly tenable. Not that 
committee only, but every member of the Senate has thought 
this subject over and made up his opinion about it very maturely. 
No subject that has ever come before this body has Ijccu so 
thoroughly and completely and exhaustively debated as the ques- 
tion of finance, including the question of the free coinage of sil- 
ver and the ratio between silver and gold. 

After the committee made that report and the case went upon 
the Calendar as au adverse report, it was well known to the com- 
mittee that we could not debate the question here upon a motion 
to take up and consider that bill. We thought that it was the duty 
of the friends of silver, and being from a State which had com- 
mitted itself in every way that it could to the free coinage of 
silver, I thought it was my duty, humble as I may be, to bring 
forward, if I could, the discussion of this question in the Senate. 

The Senator underrates my views about this matter and does 
not do me verj' full justice when he supposes that I introduced 
these resolutions for the cheap purpose of trying to find o\it the 
opinions of certain gentlemen on lioth sides of this Chamber 
who are ostensible candidates for the Presidency. I trust that 
while I have the honor of representing a sovereign State here 
I shall have higher duties to perform than to commit myself to 
the fortunes of any individual whatsoever in either of the par- 
ties for the Presidency of the United States, for after all Presi- 
dents will come and Presidents will go, and this country will go 
on forever, I hope. It will make very little difference with us 
perhaps thirty years after this date who has been President, 
nominated in June and elected in November of 1892. 

The condition of the people of my own State, of the Southern 
States, of the Western States, and of the laboring people in all 
the States of this Union, not only attracted my attention, but 
commanded my most sincere devotion to such study as I was able 
to bestow upon the subject to see if any method could be de- 
vised out of the wisdom of the Senate and through debate by 
which we could relieve against what I consider to be a very uu- 



4652 



CONGRESSIONAL EEOORD— SENATE. 



May 25, 



fortunate and lamentable condition. I therefore bi-ought in the 
first of this series of resolutions with a view of trying to elicit 
debate. I brought it in the form of instructions to the Com- 
mittte on Finance, so that they would be cornpellcd to do some- 
thing, so that they could not lock their doors against inquiry 
and against all access and come in here simply with adverse re- 
ports and got the benefit of the rule of the Senate which ex- 
cludes us from debating- questions on a motion to take them up. 
I wanted the Senate to express its opinions, and to express them 
as they have this morning, that it is the duty of that committee 
to lay before this body in some form or other a measure substan- 
tially restoring the coinage of silver as it was in 1873. 

By the way, the Senator from Ohio [Mr. Sherman] has given 
utterance i-ecently and on frequent occasions to the very solemn 
enunciation that there was not a man in the world more in favor 
of the tree coinage of silver than he, if it could be done upon such 
terms as he thought were beneficial to the country. 
Mr. SHERMAN. At its market value. 

Mr. MORGAN. At a market value. And yet in 187.? there was 
no man in the world more opposed to the free coinage of silver 
than the Senator from Ohio was when he headed the march for 
its utter destruction. He does not forget that. 

Mr. SHERMAN. Now, Mr. President 

Mr. MORGAN. What has brought that tremendous conver- 
sion upon the mind of the Senator from Ohio? 

The VICE-PRESIDENT. Does the Senator from Alabama 
yield? 

Mr. SHERMAN. Mr. President 

Mr. MORGAN. Let me say, before I yield to the Senator 
from Ohio, that he is in my mind, and in the minds of many 
Senators, and in the minds of many of the people of the United 
States to-day, whether willing or unwilling, a candidate for the 
Pi-esidency of the United States; and the Senator does well when 
he makes'friends of what he conceives to be "the mammon of 
unrighteousness" in getting up here and making pledges of his 
private wishes for the equal and free coinage of gold and silver 
when it was his hand that struck silver to death. 

Mr. SHERMAN. Now, Mr. President, I will not take advan- 
tage of my friend's weakness to try and divert him from the 
matter we have in hand by introducing a matter totally discon- 
nected with this proposition. I wish now to say sincerely— I 
think the Senator from Alabama knows it— that tlie demoneti- 
zation of silver in 1873 was not participated in by me more than 
by any other membar of either House of Congress. 

The silver dollar had not been in existence as a coin for cir- 
culation for years. There was at that time neither silver nor 
gold in circulation. A bill prepared in the Treasury Departm ut 
was sent here, a heavy, loggy bill, which continued for three 
years pending in this body, and on the only vote that was ever 
taken upon that bill by yeas and nays I voted against it. I had 
not the slightest care or interest in its passage. It was changed 
at one time and the trade dollar was put in. The Senator from 
Nevada [Mr. Stewart], who was here and helped, voted when- 
ever I did the same way. All that story has been repeated over 
and over again. It is on the records, and I do not enlarge upon 
it here. Therefore, when the Senator says I am responsible for 
the demonetization of silver in 1873, he does what I think is gross 
injustice, and I think he ought to know it by this time, because 
he has heard it talked of so much here. 

Mr. MORGAN. Mr. President, I am willing to give the Sen- 
ator from Ohio in his expected campaign the benefit of this ex 
planation, if it will do him any good. I do not thinJi^.will. 
Mr. SHERMAN. That does not go. 

Mr. MORGAN. I think the people will regard him as 
head of the column, having been chairman of the Committee on 
Finance at that time, as the Senator was. The history of this 
matter has been gone over vei-y often, and there i» a man now 
sleeping in his grave in Kentucky who made statements in the 
presence of the Senator from Ohio'here upon that question which 
were placed in the RECORD; and for the purpose of getting him 
a little more conspicuously before the counti-y I took upon my- 
self the perhaps unwelcome task at the moment of rereading to 
the Senate of the United States in a later debate and after he 
was in his grave all that he said. 

The evidence presented by the then Senator from Kentucky 
convinced mv mind, I think it convinced the minds of the peo- 
ple of the United States generally, that the Senator from Ohio 
had a greater responsibility for the destruction of silver in 1873 
than he now seems disposed to admit. I applaud that feeling in 
the Senator's heart which causes him to try to rectify the wrongs 
that he has done to the people of the United States, but if he 
were speaking with manliness to us on this side of the Chamber 
and to the friends of silver to-day, and had reflected for a mo- 
ment how elegantly and beautifully manly it would be in him to 
come out and put some distinctive' measure into operation that 
would restore the people of the United States to the constitu- 




tional rights of which they were bereft by him in 1873, 1 could 
admire him even more than I do; and yet I admire him very 
much. 

Tlie VICE-PRESIDENT. The hour of 2 o'clock having ar- 
rived, it is the duty of the Chair to lay before the Senate the un- 
finished business. 

The Secretary. A bill (S. 2409) to provide for the punish- 
m!-nt of violations of treaty rights of aliens. 

]\Ir. MORGAN. I understood that the unanimous consent 
which was given in this Chamber this morning extended to the 
pending resolutions until the subject was disposed of. 

Mr. HAWLEY. That was not mentioned. I say it was not; 
the Senator from Missouri asked consent to waive the five-min- 
ute rule, but said nothing about the pending order at 2 o'clock. 

Mr. MORGAN. I had nothing to do with it except to give 
my assent to it. I liad the understanding of course that the sub- 
ject was taken up by the Senate by unanimous consent to be pro- 
ceeded with until it should bs exhausted. 

Mr. SHERMAN. Even if that was the understanding— I did 
not so understand it— it would not supersede the unfinished 
business at 2 o'clock. The Senator from Delaware [Mr. Gray] 
his the floor at this time. 

Mr. MORGAN. Unanimous consent supersedes everything. 

Mr. GRAY. As I understood it, the unanimous consent was 
that the debate, then under Rule VIII, should be proceeded with 
without the limitation of the five-minute rule. 

The VICE-PRESIDENT. That was the understanding of the 
Chair. 

Mr. COCKRELL. That was all. 

Mr. MORGAN. I submit to any explanation. The Senator 
who made the request says he had in mind only the limitation 
of the rule. 

Mr. COCKRELL. That was all; only to et aside the five-min- 
utj rule. 

Mr. MORGAN. Now, unless the Senator from Delaware has 
some particular reason for going on with his remarks • 

Mr. GRAY. Of course. 

Mr. MORGAN. The Senator desires then, of course, to use 
his advantage in favor of his friends to cut us off at this moment. 
I give notice that as soon as the Senator's speech is finished I 
shall move to take up the resolutions. 

Mr. GRAY'. Mr. President, I have cirtainly no desire to use 
any advantage adverse to the Senator from Alabama. The Sen- 
ator from Alabama occupied the lloor at considerable length 
yesterday on the matter which I now wish to address myself to. 

HOUSE BILLS REFERRED. 

The bill (H. R. 915) for the relief of the heirs of Noah Noble, 
deceased, was read twice by its title, and i-eferred to the Commitr 
lee on Claims. 

The bill (H.R. 831)7) regulating the delivery and sale of ice 
within the District of Columbia on the Sabbath day, commonly 
known as Sunday, was read twice by its title, and referred to 
the Committee on the District of Columbia. 
DISTRICT IMPROVEMENTS. 

The VICE-PRESIDENT laid before the Senate the amend- 
ments of the House of Representatives to the bill (S. 1307) to pro- 
vide a permanent system of Highways in that part of the District 
of Columbia lying outsidj of cities. 

Mr. HARR'IS.^ I move that the Senate nonconcur in the 
amendments of the House, and request a conference on the disa- 
greeing votes of the two Houses. 

The motion was agreed to. 

By unanimous consent, the Vice-President was authorized to 
ai)point the conferees on the part of the Senate, and Mr. Har- 
Ri.s, Mr. JMcMlLLAN, and Mr. PERKINS were appointed. 

GLEN ECHO RAILROAD COMPANY. 

The VICE-PRESIDENT laid before the Senate the action of 
the House of Representatives disagreeing to the amendment of 
the Senate to the bill (H. R. 827.5) to authorize the Glen Echo 
Raih'oad Company to cross the Washington Aqueduct, and ask- 
ing a conference with the Senate on the disagreeing votes of the 
two Houses thereon. 

On motion of Mr. MCMILLAN, it was 

Htsolved That the Senate insist on its amendment to the said bill di.sagroed 
to liy the House of Representatives, and agree to the conference asked by the 
House on the disagreeing votes of the two Houses thereon. 

By unaninious consent, it was 

Ordered. That the conferees on the p. u-t of the Senate Ije appointed Ijy the 
Vice-President. 

The VICE-PRESIDENT appointed Mr. Harris, Mr. McMil- 
lan, and Mr. Gallinger. 

Mr. HARRIS. I think the amendment wholly immaterial, 
but it is an amendment proposed by the Senator from Maryland 
[Mr. Gorman]. This is purely a Maryland road, and I ask that 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



4667 



Mr. VOORHEES. That makes a difierent question. 

Mr. MORGAN. The Senator from Alabama [Mr Pugh] pre- 
sented this question with absolute certainty, that the question is 
whether wo shall empower the Federal judges to trj' men in such 
cases. 

Mr. VOORHEES. According to State laws? 

Mr. MORGAN. Yes, accoi-ding to State laws. 

Mr. BUTLER. Adopting them in full? 

Mr. lilORGAN. Adopting them in full. Now, if there is any 
bettor State-rights doctrine than that for the administration of 
thf! Government of the United States I do not know what it is. 

Mr. A^OORHEES. This is a sort of divided trust the Senator 
is now speaking- of. The division is caused by the fact that the 
bill before i:s eeems to trust the legislative capacity and security 
for the purpose of the States but not its judicial officers to ad- 
minist/?r its own laws. I think the bill gets worse to my mind 
tlian it was before. But if the Senator is willing now I will move 
that we adjourn until to-morro\v morning', so that we may look 
into Ihis matter a little further. 

Mr. MORGAN. All right. 

The PRESIDING OFFICER. The question is on the motion 
of the Senator from Imdiana that the Senate do now adjourn. 

The motion was agreed to; and (at .') o'clock and 15 minutes p. 
m.) tho Senate adjourned until to-morrow, Thursday, May 2(j, 
1892, at 12 o'clock meridian. 



HOUSE OF EEPEESEXTATIVES, 

Wednesday, May 25, 1893. 

The House met at 11 o'clock a. m., and was called to order by 
the Speaker. 

Prayer by the Rev. J. T. Wightman, of 'Washington, D. C. 

Tho Journal of the proceedings of yestei'day was read and ap- 
proved. 

PRIXTING AND BINDING FOR THE STATE DEPARTJIENT. 

The SPEAKER laid before the House a letter from the Secre- 
tary of the Treasury , transmitting a cojjy of a communication from 
the' Secretary of State in relation to the necessity existing for 
an immediate appropriation for jjrinting and binding for the De- 
partment of State for the current fiscal year; ordered to be 
printed and referred to the Committee on Appropriations. 

BRIDGE OYER THE TENNESSEE RIVER. 

Tlie bill (H. R. 7092) to authorize tho building of a bridge over 
the Tennessee River was laid befox-e tho House with Senate 
amendments. 

Mr. PATTERSON of Tennessee. Mr. Speaker, the Senate 
amendments to that bill are only verbal, and I move that they be 
concurred in. 

Tho SPEAKER. It is in order to act upon them. This is a 
House bill with Senate amendments, and the bill carries no ap- 
propriation. The amendments will be reported. 

The amendments were read at length. 

Mr. BURRO'WS. Mr. Speaker, I miderstand this is simply a 
bridge bill. 

The SPEAKER. Yes; a Hoxise bill with Senate amendments. 

Mr. PATTERSON of Tennessee. I move to concur in the 
Senate amendments. 

The question being taken, 

Mr. BAILEY demanded a division. 

The House divided: and there woi'e — ayes 101, noes none. 

Mr. BAILEY. No quorum. 

Mr. HOLMAN. I hope the gentleman from Tennessee [Mr. 
Patterson] will withdraw that bill and let it lie on the table. 

Mr. PATTERSON of Tennessee. I will agree to that. 

Mr. HOLMAN. I call for the regular order. 

The SPEAKER. This is the regular order. 

Mr. HOLMAN. There are several other bills of this character, 
as I understand. 

Mr. BAILEY. We might just as well act on this biU, tor I 
will not permit an}- other to pass until a quorum appears. 

The SPEAKER. The Chair will appoint as tellers the gentle- 
man from Teimessee [Mr. Patterson] and the gentleman from 
Texas [Mr. Bailey]. 

The House again divided: and tho tellers reported — ayes 170, 
noes none. 

Mr. BAILEY. I withdraw the point. 

So the amendments of the Senate were concurred in. 

GLEN ECHO RAILROAD COMPANY. 
The bill (H. R. 8295) to authorize tb.e Glen Echo Railroad Com- 
pany to cross the \Vashington Aqueduct was laid before the 
House with Senate amendments. 



Mr. HEARD. By direction of the committee, I move that the 
House nonconcur in the Senate amendments and that a commit- 
tee of conference ba ordered. I do that for the mutual accom- 
modation and benefit of the Government and tho railroad com- 
pany. 

The Senate proposes that the Aqueduct shall be crossed at a 
right angle. If tlie railroad crosses at aa exact right angle it 
will occupj- more of the Government ground after tlie Aqueduct 
is crossed than if it cross at a different angle. What we desire 
is that it shall cross at such angle as may be iixcd by tho Gov- 
ernment engineers in charge. We have agreed on that. 

The SPEAKER. The gentleman from Missouri [Mr. Heard] 
moves to nonconcur in the amendments of the Senate and to ask 
for a conference. 

The motion was agreed to: and the .Speaker appointed as con- 
ferees on the part of the House Mr. Heard, Mr. Richardson, 
and Mr. POST. 

■\VILLIAM W. WEDGWOOD. 

The bill (H. R. 1923) granting an honorable discharge to Wil- 
liam W. Wedgwood was laid bjforo tho House with Senate 
amendments. 

Mr. PERKINS. I move that the House concur in the Senate 
amendments. 

The amendments were read at length. 

Mr. HOLMAN. "WTiat Ls this bill':' 

The SPEAKER. The title has Ijeen read. 

Mr. HOLMAN. There is so much confusion in the Hall that 
it was impossible to hear. 

The SPEAKER. The Clerk will report the title again. 

The title of the bill was again read. 

The SPBMvER. This Ls a House bill with Senate amend- 
ments, and the gentleman from Iowa [Mr. Perkins] moves to 
concur in the Senato amendments. 

The motion was agreed to. 

RETURN OP BILL TO SENATE. 

The SPEAKER. Tha Chair will submit to the Houae tho fol- 
lowing request of the Senate. 
The Clerk read as follows: 

Ordered, That the Secretary be directed to request the House of Representa- 
tives [to rettu'n to the Senate the bill (S. 145) " to authorise the Coivrt of 
Claims to hear and determine the claim of the Citizens' Bank o£ Louisiana, 

etc." 

The SPEAKER. Without objection, the request of the Senate 
will be complied with, and this bill will be returned to that body. 
There was no objection, and it was so ordered. 

SENATE bills REFERRED. 

The SPEAKER laid before the House the following Senate bills; 
which were severally read a first and second time, referred to tho 
committees indicated below, and ordered to be printed: 

A bill (S. 41) for the relief of E. B. Crozier, executrix of the 
last will of Dr. C. W. Crozier, of Tennessee— to the Committee 
on Claims. 

A bill (S. 300) for the construction of a public building at O wosso, 
Mich. — to the Committee on Public Buildings and GrouirtBT 

A bill (&. .'J12) for the relief of Benjamin F. Campbell, late sec- 
ond lieutenant of the Eighteenth Pennsylvania Cavalrj' — to the 
Committee on Military Atiau's. 

A bill (S. 1212) to provide for the construction of a public build- 
ing at San Diego, C'al. — to the Committee on Public Buildings 
and Grounds. 

A bill (S. 121i) to provide for the purchase of a site for and the 
erection of a public building at Oakland, in the State of Cali- 
fornia — to the Committee on Public Buildings and Grounds. 

A bill (S. 1950) donating 20 acres of land from the Fort Sidney 
militarj- reservation, on the northeast corner thereof, to the city 
of Sidnej', Nebr., for cemetery piu'po.sos — to the Committee on 
Military Affairs. 

A bill (S. 2221) for the relief of Mary J. Neenau— to the Com- 
mittee on Private Land Claims. 

A bill (S. 2386) for the relief of Isham T. Owen, of Missouri— 
to the Committee on War Claims. 

A bill (S. 26-17) for the relief of Mr.-^. Fanny N. Bolger— to the 
Committee on Invalid Pensions. 

A bill (S. 2667) to ])rovide for the detail of an assistant to the 
Chief of the Bureau of Navigation in the Navy Department — to 
the Committee on Naval Aflairs. 

A bill (S. 2765) granting to the Duluth and Winnipeg Railroad 
Company a right of way across the Fond du Lac Indian Reser- 
vation — to the Committee on Indian Affairs. 

A joint resolution (S. R. 70) directing' payment of the unex- 
pended balance of an appropriation made for the ])ayment of tlic 
expenses of the constitutional convention of tho State of Idaho — 
to the Committee on Appropriations. 



4668 



CONGEESSIONAL EECORD— HOUSE. 



May 25, 



OKDER OF BUSINESS. 

Mr. PICKLEB. I desire to ask unanimous consent for the 
present consideration of the bill which I send to the Clerk's 
desk. 

Mr. McMILLIN. In order to go on with the appropriation 
bills I demand the regular order. 

Mr. PICKLER. We had no recognitions on this side yester- 
day, and you had five on that side. 

Mr. McMILLIN. The trouble is if we get into this thing it 
is hard to get out of it. 

Mr. PICKLER. You ha I five recognitions on that side yes- 
terday and wo had none; and I think you ought to allow us to 
have some recognitions on this side. 

The SPEAKER. The gentleman from Tennessee demands 
the regular order, which is the call of committees for reports. 

The committees were called for r'eports. 

SALE OF NAVY-YARD LANDS AT BROOKLYN. 

Mr. GEISSENHAINER, from the Committee on Naval Af- 
fairs, reported back with amendments the bill (H. R. 87H0) to 
provide for the sale of navy-yard lands in the city of Brooklyn; 
which was referred to the Committee of the Whole House on the 
state of the Union, and, with accompanying repoi't, ordered to be 
printed. 

ENGINEER CORPS OP THE NAVY. 

Mr. McALEER, from the Committee on Naval Affairs, re- 
ported back favorably the bill (S. 139) terminating the reduction 
in the mimbers of the Engineer Corps of the Navy; which was re- 
ferred to the House Calendar, and ordered to bo printed. 

SETTLEMENT ON AGRICL'LTURAL LANDS BEFORE SURVEY. 

Mr. McRAE, from the Committee on Public Lands, reported 
back with an amendment the bill (H. R. 7028) to protect settle- 
ment rights where two or more persons settle upon the same sub- 
division of agricultural public lands before survey thereof; 
which was referred to the House Calendar, and, with the accom- 
panying report, ordered to be printed. 

The call of the select and standing committees was completed. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 
To Mr. Baker, for fifteen days, on account of important busi- 
ness. 
To Mr. Elliott, for two weeks, on account of sickness. 

ORDER OF BUSINESS. 

Mr. HOLMAN. I move that the House resolve itself into 
Committee of the Whole House on the state of the Union for the 
consideration of general appropriation bills. 

The motion was agreed to. 

SUNDRY CIVIL appropriation BILL. 

The House accordingly resolved itself into Committee of the 
Whole House on the state of the Union, Mr. Lester of Georgia 
in the chair. 

The CHAIRMAN. The Clerk will read the next paragraph. 

The Clerk i-ead as follows: 

Government exhil>it ; For tho selection, purchase, preparation, transporta- 
tion, installation, care and ciistoiiy, and arrangement of such articles as 
the heads of the several Executive Departments, the Smithsonian Institu- 
tion, and National Mtiseum, and the United .States Fish Commission may 
decide shall be embraced iu the Government exhibit, and sttch additional 
articles as the President may designate for said Exposition, and for the 
employment of proper persons as ofilcers and assistants to the board of 
control and management of the Government exhibit, appointed by the 
President, of which not exceediuc; $5,000 may be expended by said Board for 
clerical services, $316,.50O: Piovidful, That all expenditures for the purposes 
and from the appropriation specilied herein shall be subject to the approval 
of the said Board of Control and Management and of the Secretary of the 
Treasury, as now jivovlded by law, 

Mr. COGSWELL. I offer the amendment which I send to the 
Clerk's desk. 

The Clerk read as follows; 

On page 29, at end of line 5, insert: 

' 'Authority is hereby gr.au ted for the payment of $730 to St. Julien B. Dapray. 
for special and legal services rendered the board of control and management. 
Government exhibit, World's Columbian Exposition, to be held at Chicago, 
111., 1892-93, from mtmeys hereby appropriated." 

Mr. McMILLIN. I reserve the point of order upon that. 

Mr. COGSWELL. I do not understand, Mr. Chairman 

The CHAIRMAN. The gentleman from Tennessee will state 
his point of order. 

Mr. McMILLIN. It changes e.xisting law, and does not rc- 
ti'ench expenditures. 

Mr. COCiSWELL. Mr. Chairman, I do not understand that 
this amendment increases the expenditures, but only allots of 
the appropriation 

Mr. McMILLIN. I rise to a question of order. There is so 
much confusion that I can not hear what the gentleman from 
Massachusetts says. 



Mr. COGSWELL. That point of order is better than your 
other. 

The pi'ovision only authorizes the Commission, out of what- 
ever money it has, to pay this bill for services which have been 
rendered the Commission, which bill they approve, and it is the 
only way in which this party can be paid for these services. I 
do not understand there is any objection to it on the part of the 
committee. I do not think it is subject to the point of order, 
for when the appropriation is made it is only saying that out of 
the sum appropriated to the Commission so much shall bo al- 
lowed to pay this bill. 

Mr. DOCKERY. I would like to hear the amendment read 
again. 

Mr. HOLMAN. Let it be read again, so we may understand 
it. 

The amendment was again reported. 

Mr. HOLMAN. That subject has not been before the Com- 
mittee on Appropi'iations, and there is no information on the 
subject, I think. I do not know whether it is subject to tha 
point of order or not. 

Mr. McMILLIN. Mr. Chairman, I think it is subject to the 
point of order, for the reasons, first, that there is no authority 
of law for the payment of this money. It requires an enact- 
ment to authorize it, therefore it is a change of existing law. In 
addition to that, I am informed that this gentleman is an officer 
of the Government, and there is a law prohibiting the payment 
of more than one salary to any one person in the employ of the 
Government; and on the double ground, if the lattir is true, as 
I tmderstand it is, it is stibject to the point of order. It will 
not b_^ claimed by the gentleman from Mas.sachusetts that with- 
out this enactment the officers in charge of that fund could pay 
it. Therefore, to enact it is to change existing law, and it doeg 
not retrench expenditures a.s it shows on its face. 

Mr. HOPKINS of Illinois. I wish to ask the gentleman from 
Tennessee [Mr. McMillin] whether it is not true that this di- 
verts the money from the purposes contemplated in the bill to a 
specific purpose, and is in that respect new legislation':' 

Mr. McMILLIN. Unquestionably. 

Mr. COGSWELL. The gentleman from Illinois assumes cer- 
tain facts and then puts the case to the gentleman from TenneS'- 
see upon that basis and gets the answer ho expects. Upon that 
statement, ii correct, I might agree with both the gentlemen; 
but this is not a diversion of the funds to another purpose. It; 
is to pay for services which the Commission requested this man 
to perform, which he has performed, and for which his bill has 
been approved by the CoiiHnission. 

Mr. McMILLIN. Will the gentleman point to the existing 
law which authorizes this payment';' 

Mr. COGSWELL. I suppose that in making an appropriation 
for the Worlds Columbian Commission, we could say that of the 
amount appropriated, so much should be used to pay for any 
partii;ular service therein named. It is part and parcel of the 
act of appropriating. 

Mr. McMILLIN. Is this gentleman an officer of the Govern- 
ment'? 

Mr. COGSWELL. I think he is connected with the Super- 
vising Architect's Office. 

Mr. McMILLIN. Is there not already a law which prevent:! 
him from receiving more than one salary or compensation from 
the Government in more tlian one way witho'.it a specific enact- 
ment authorizing if:* 

Mr. COGSWELL. If that is so, he can not get this and he 
ou.ght not to; but the Comptroller will decide that question and 
not myself. 

Mr. HOPKINS of Illinois. Mr. Chairman, what I say is not 
so much in opposition to paying this official for services alleged 
to have been rendered, but my point is this, that in the bill as it 
is presented by the committee a general appropriation is made, 
and the gentleman from Massachusetts seeks to divert one part 
of tliat money thus appropriated for general purposes to a spe- 
cific pui'poso not contemplated in the general bill. Therefore. I 
maintain that this is new legislation, and that the point of order 
made by the gentleman from Tennessee is well taken. 

Mr. HOLMAN. Mr. Chairman, I understand— and the gen- 
tleman from Massachusetts will correct me if I make a mistake — 
I understand that this claim has been before the proper account- 
ing officers of the Treasury, and that payment has been refused 
upon the ground that there is no law authorizing such an ex- 
penditure. 

Mr. COGSWELL. I do not know about that: but if the gen- 
tleman states that it is so I accept his statement. 

The CHAIRMAN. Tire Chair is satisfied that there is no 
law authorizing this specific.appropriation, and the point of order 
is therefore sustained. 

Mr. HOUK of Ohio. Mr. Chairman, I offer the amendment 
which I send to the desk. 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



4693 



The CHAIRMAN. The gentleman from Ohio may have the 
floor. , . 

Mr. PATTISON of Ohio. It seems to me Mr. Chairman that 
there has not been a more important question before the House 
this session than tlie one now before the committee, and from 
the statement made by the cliairman of the committee and the 
gentlemen from Pennsylvania [Mr. William A. Stone], it 
seems to me that it is not only our right but also our duty to 
state our feeling and judgment upon this subject before this ap- 
propriation is made and we should do it now. It there are persons 
preparing to make exhibits at the World's E.xposition with the 
idea of gettiug seven days instead of six, then they have the 
right to know it, and they have the right to know it now. 

On the other hand, the people of this great country— and I do 
not only include the Christian people— the members of the Chris- 
tian churches, which were in 1890 in rovmd numbers nearly 
twenty-two millions, and wliich are increasing at the rate of 
over a million per year— but all the people — have a right to 
know whether or not the Exposition is going to be open or 
closed on Sunday; and wo as representatives of the people ha\'e 
the right and it is our duty to say whether or not this Expo- 
sition is to be opened or clo.sed on Sunday. The United States 
is a peculiar country. The Sabbath of our country is a peculiar 
Sabbath. It is known a-s the American Sabbath all over the 
wide world; and if there is to be a World's Fair maintained and 
originated in this great country of ours it is due to the people 
we represent that we should take advantage of this opportunity 
and say to the people of the United States that this World's Ex- 
position shall not be open on Sunday, but that the American 
Sabbath shall be respected. 

All the Christian churches of every name and denomination are 
a unit in favor of closing the Pair on Sunday. Notonly these, but 
a very large proportion of all the people of the United States, with- 
out regard to party, sect, or creed, are a unit in demanding that 
the Sabbath day shall not be desecrated by opening the gates of 
this great Exposition on the Sabbath day. 

The S.abbath day is recognized in some way by every civilized 
nation of the world, but the Sabbath, as we understand it, is pecu- 
liar to the United States alone, and hence we can very properly 
call it the American Sabbath. To us the Sabbath day was a part 
of our very being. It came with the Mayflower; it came with 
almost every band of Pilgrims; it was the corner stone of every 
State. 

Itwas in the web^tnd woof of every State constitution, its spirit 
permeates every article of the Confederation of States, and when 
the Constitution was adopted the American Sabbath was as 
firmly established in the hearts of the American people as was 
the spirit of liberty itself, and we but voice the sentiment of the 
many millions of Christian people and also of at least nine- tenths 
of the American people in all sections of the country when we 
declare in favor of the American Sabbath, and by our votes say 
that the World's Pair shall not be open on the Sabbath day. 
[Cries of "Vote!" "Vote!"] 

Mr. HOPKINS of Illinois. What would the gentleman do 
, with those people who have Saturday for their Sabbath'? 

Mr. PATTISON of Ohio. There are very few of those, and 
while they venerate the religious ideas of their own people, they 
respect American institutions. 

Mr. HOPKINS of Illinois. But their conscientious scruples 
are as sacred to them as those who desire the doors to be closed 
on Sunday. 

Mr. PATTISON of Ohio. Certainly, and as such they are en- 
titled to consideration. 

The CHAIRMAN. The gentleman from Pennsylvania [Mr. 
William A. Stone] moved a substitute for the pending amend- 
ment, an amendment which the Clerk will read. 

Mr. McMILLIN. I rise to a point of order. The proposition 
first is upon the amendment to the te.xt. The committee have 
the right to perfect the text before the substitute is acted upon. 

The CHAIRMAN. The gentleman from Tennessee is correct. 
The Chair understood that that was accepted. 

Mr. McMILLIN. I did not know that it was acted upon. 

The CHAIRMAN. Was the Chair mistaken'? The under- 
standing of the Chair was that it was accepted. The Chair 
. would ask the gentleman from South Carolina [Mr. Johnstone] 
whether the amendment of the gentleman from Mississippi was 
accepted? 

Mr. JOHNSTONE of South Carolina. It was accepted in this 
form 

The CHAIRMAN. Then the question is upon the amendment 
of the gentleman from Mississippi to the amendment of the gen- 
tleman from South Carolina. 

Mr. JOHNSTONE of South Carolina. The Chair is mistaken. 
My amendment is the first one — '■ Frocidal." 

The CHAIRMAN. The Chair understands that. 

Mr. JOHNSTONE of South Carolina. And the amendment 
of the gentleman from Mississippi was " Provided further." 



The CHAIRMAN. The Chair simply asked whether it liad 
been accepted. The question, therefore, is upon the amendment 
of the gentleman from Mississippi, wliich will be read. 

The amendment was read, as follows: 

Provided further. That in no event sh;tll the exhibit to he made by the 
Government be open to the public on Sunday. 

Mr. O'FERRALL. Let us have the whole paragraph read. 
The Clerk read as follows; 

Provided, That no part of the amount of thl» appropriation shall be avail- 
able unless the doors of the Exposition shall bo closed on Sunday: Provided 
further. That in no event shall the exhibit to be made by the Government 
be open to the public on Sunday. 

The CHAIRMAN. The question is on the amerdment, of the 
gentleman from Mississippi [Mr. HoOKER] to the amendment 
offered by the gentleman from South Carolina [Mr. Johnstone]. 

The queston was taken; and there were — ayes 107, noos 51. 

S,i the amendment to the amendment was adopted. 

The CHAIRMAN. The question now is upon the amend- 
ment of the gentleman from South Carolina as amended. 

A Membei;. I ask that tlie amendment as amended bo read. 

The amendment of Mr. JOHNSTONE of South Carolina as 
amended was read, as follows; 

Provided. That no part of the amount herein appropriated shall be avail- 
able unless the doors of the Exposition shall he closed on Sunday. 

Provided further. That in no event shall the exhibit made by the Govern- 
ment be open to the public on Sunday. 

Mr. PAYNTER. Mr. Chairman, is it in order to offer a sub- 
stitute? 

The CHAIRMAN. There is one substitute already pending. 

Mr. HOOKICR of Mississippi. Mr. Chai"man, let the Clerk 
road the substitute that is pending. 

The Clerk read the substitute, as follows; 

That before any niojey appropriated by the Government is paid, the man- 
agers of the Columbian Exposition shall pas.s and file with the .Secretary of 
the Treasury a resolution and a^creeinent to close the Exposition on Stm- 
day. 

Mr. PAYNTER. Mr. Chairman, is it in order to offer an 
amendment to that substitute'? 

The CHAIRMAN. Tliat would be in order. 

Mr. HOLMAN. Mr. Chairman, a parliamentary inquiry. Is 
this last proposition offered as a substitute for the first'r 

The CHAIRMAN. Yes; the proposition of the gentleman 
from Pennsylvania was offered as a substitute, and now the gen- 
tleman from Kentuelty [Mr. Paynter] offers an amendment 

Mr. PAYNTER. I offer it as an amendment to the substitute. 

The CHAIRMAN. The gentleman from Kentucky olTers an 
amendment to the substitute, which the Clerk will read. 

The Clerk read as follows; 

Provided. That the building or buildinus containing the Government exhibit 
shall not be open to visit(U*s on Sunday. 

Mr. JOHNSTONE of South Carolina. But, Mr. Chairman, un- 
der that provision the money goes, and there is no power in the 
provision to enforce itself. 

The CHAIRMAN. The gentleman from Kentucky propose^ 
to add this as an amendment to the proposition of the gentleman 
from South Carolina. 

The question was taken on the amendment of Mr. P.wnter; 
and the Chairman declared that it wa* rejected. 

Mr. BUCHANAN of New Jersey. Mr. Chairman, I ris3 to a 
point of order. That same proposition has been already voced 
down. 

A Member. Well, now it has been voted down again. 

Mr. ATKINSON. Mr. Chairman, I o?fer an amendment to 
the substitute of my colleague from Pennsylvania. 

The amendment was read, as follows: 

Provided. That no part of this appropriation shall be available until the 
Board of Managers of the World's Columbian Expo.sition shall ;^ivo satisfac- 
tory assurances that no intoxicating liquor shall be sold on the groimds of 
said Exposition. 

The question was taken on the amendment of Mr. Atkinson; 
and the Chairman declared that the noes seemed to have it. 

Mr. ATKINSON. I call for a division. 

The committee divided; and there were— ayes 89, noes 76. 

Mr. TAYLOR of Illinois. I demand tellers. 

The question was taken on ordering tellers, and 27 members 
voted in the affirmative. 

Mr. BUTLER and Mr. TAYLOR of Illinois. No quorum, Mr. 
Chairman. 

The CH.\IRMAN. The point of no quorum is made, and the 
Chair will appoint tellers. 

Mr. BUCHANAN of New Jers.-y. It does not require a quo- 
rum to ordei' tellers. 

The CHAIRMAN. The tellers are appointed on the amend- 
ment of the gentleman from Pennsylvania. The Chair appoints 
to act as tellers tne gentleman from Pennsylvania [Ml-. ATKIN- 
SON] and the gentleman from Iowa [Mr. Butler]. 

The committee divided; and the tellers reported— ayes 87, noes 
80. 

So the amendment was adopted 



4694 



CONGRESSIONAL RECORD— HOUSE. 



May 25, 



Mr. HOLMAN. I move that the committee rise. 

Mv- COGSWELL. I ask the gentleman to wittihold tliat mo- 
tion for a moment in order that I may ask unanimous consent 
that my colleague, Mr. Morse, who is ahsent sick and who I 
very much fear will never return to his labors here, may have 
leave to print in the RECORD a few remarks upon this question 
of closing the Exposition on Sunday. 

The CHAIRMAN. Is there objection t-o the request of the 
gentleman from Massachusetts? 

Mr. OWENS. I object. 

Mr. HOLMAN. I move that the committee rise. 

Tlie motion was agreed to. 

The committee accordingly rose; and the Speaker having re- 
sumed the chair, Mr. Lester of Georgia reported that the Com- 
mittee of the Whole on the state of the Union, having had under 
consideration the sundry civil appropriation bill, had come to no 
resolution thereon. 

enrolled bills signed. 

Mr. WARWICK, from the Committee on Enrolled Bills, re- 
ported that the committee had examined and found truly en- 
rolled bills of the following titles; when the Speaker signed the 
same: 

A bill (S. 812) granting a pension to Geoi-ge W. Jones; 

A bill (S. 1975) for the protection of livery-stable keepers and 
persons keeping horses at livery stables within the District of 
Columbia; 

A bill (H. R. 1923) granting an honorable discharge to William 
W. Wedgwood; 

A bill (H. R. 5021) granting a pension to Mary Jewett Telford, 
an army nurse; and 

A bill (H. R. 73G5) to authorize the Illinois and Iowa Railway 
and Terminal Company to build a bridge across the Mississippi 
River at Moline, 111. 

message from the president. 

A message from the President of the United States, by Mr. 
Pruden, one of his secretaries, informed the House that the 
President had approved and signed bills of the following titles: 

On May 23, 1892: 

An act (II. R. T3G0) authorizing the construction of a wagon and 
motor bridge over the Missouri River at St. Charles, Mo.; and 

An act (H. R. 507) to provide for a term of the United States 
circuit and district courts of Evanston, Wyo. 

On May 25, 1892: 

An act (H. R. 6G58) to vacate that part of Madison street, 
Gojygetown, west of Back street, and extend Y street in Bur- 
leith, in the District of Columbia; 

An act (H. R. 5200) for the relief of Betsy Worthington; 

An act (H. R. 4288) authorizing the paj'mentof the pension of 
Edward S. Smith, accrued at the date of his death, to his mother, 
Catherine; 

An act (H. R. 721) granting a pension to Jane Shierry; and 

An act (H. R. 4533) for the relief of holders of drawback cer- 
tificates issued under an act of Congress approved June 2, 1890. 

message from the senate. 

A message from the Senate, by Mr. McCoOK, its Secretary, 
announced that the Senate had insisted upon its amendments to 
the bill (H. R. 8295) to authorize the Glen Echo Railroad Com- 
pany to cross the Washington Aqueduct, disagreed to by the 
House; had agreed to the conference asked by the House on the 
disagreeing votes of the two Houses, and had appointed Mr. Mc- 
MiLL.\N, Mr. Gallinger, and Mr. GORMAN as the conferees on 
the part of the Senate. 

It also annoimced that the Senate had disagreed to the amend- 
ments of the House of Representatives to the bill (S. 1307) to 
provide a pei'manent system of highways in that part of the 
District of Columbia lying outside of cities, asked a conference 
with the House on the disagreeing votes of the two Houses 
thereon, and had appointed Mr. Harris, lilr. McMillan, and 
Mr. Perkins as the conferees on the part of the Senate. 

It also announced that the Senate had passed the following 
concurrent resolution; in which concurrence of the House was 
requested: 

Bfsoteed by the Senate (the Bouse of Eepresentatioes concurring). That there 
be printed in addition to the nsaal ntunber of the report of the National 
Academy of Sciences for 1891 2,000 copies, 500 for the use of the Senate. 1,000 
for the use of the Hou.se, and 500 for use of the Academy of Sciences of the 
memoirs which accompany the report of 1891 2,500 copies, 500 for the Senate, 
1,000 for the House of Representatives, and 1,000 for distribution by the 
Academy of Sciences. The concurrent resoltttiou of Maxch 11 on that sub- 
ject is hereby repealed. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as f ol- 
io w,s: 

To Mr. Stockdale, indefinitely, after Monday next, on ac- 
count of important business. 



To Mr. PiCKLER, for two weeks, on account of important busi- 
ness. 

To Mr. Shively, for ten days, on account ol important busi- 
ness. 

To Mr. Harter, for eleven daj-s, on account of imi)ortant 
business. 

leave to print. 

Mr. COGSWELL, The gentleman from Ohio [Mr. Owens] 
withdraws his objection to the request; I made a few minutes ago 
in Committee of the Whole. I now renew the request that my 
colleague, Mr. Morse, who has been absent sick for a long time, 
and I fear will not ba able to return to this House again, may 
have leave to print in the Record r.^marks in regard to the 
closing of the World's Fair on the Lord's day. 

There being no objection, leave was granted. 

PATENTS. 
Mr. BUCHANAN of New Jersey, by unanimous consent, re- 
ported back with amendments, from the Committee on Patents, 
the bill (H. R. 601) revising and amending the statutes relating 
to patents: which was referred to the Committee of the Whole 
House on the state of the Union, and, with the accompanying re- 
l^ort, ordered to be iirinted. 

bonds held for redemption purposes. 

Mr. DOCKERY. Mr. Speaker, the gentleman from New Jer- 
sey [Mr. Buchanan] withdraws the objection which he made 
yesterday afternoon to the adoption of the resolution offered by 
me calling on the Judiciary Committee for its construction in 
certain respects of the redemption act of Januai'y 14, 1875, and 
also for other information. I ask that the resolution be now 
adopted. It was read in full last evening. 

There being no objection, the House proceeded to the consid- 
eration of the following resolution; which was adopted: 

BesolMd, That the Committee on the Judiciary be, and is hereby, directed 
to inquire and report to the House, in. addition to the matters heretofore 
referred to the same by House resoltition adopted Februai-y 29, IH92, whether 
under tlte act entitled "An act to proWde for the resumption of specie pay- 
ments," approved January U, 1875, and the act.s amendatory thereof, any 
bonds were sold tor redemption purposes; and, if so, the anioimts realized 
from such sales, the amount of surplus revenues in the Treasm-y each year 
since the passage of said act, or available f'.>r redemption ptirposes: and. 
if any, whether the same was or should have been first used therefor; the 
amount of legal-tender notes redeemed each year under the provisions of 
said act; whether the same or any portion thereof were redeemed from the 
l>roceeds of the sale of bonds or from the surplus revenues in the Treasnr.v; 
whether such redemption fund, if any, under said act must be maintained 
by the Secretary of the Tre,asury by the sale of bonds or the transfer of sur- 
plus revenues In the Treastu'y at tiie time o( its depletion; and whether, if 
same is depleted or reduced by redemptions and the amount so used re- 
stored from the surplus in the Treasury, said sum so taken from said sur- 
plus revenue and added to said redemption limd Is thereafter subject to use 
lor any other than redemption purposes. 

And then, on motion of Mr. HOLMAN (at 5 o'clock and 39 min- 
utes I), m.), the House adjourned. 



REPORTS OP COMMITTEES. 

Under clause 2 of Rule XIII. private bills and resolutions were 
severally reported from committees, delivered to the Clerk, and 
i-eferred to the Committee of the Whole House, as follows: 

By Mr. McALEER, from the Committee on Naval Affairs: A 
bill'lH. R. 6631) for the relief of Commander Oscar C. Badger, 
United States Navy. (Report No. 14-33.) 

By Mr. SMITH of Illinois, from the Committee on Claims: A 
bill (H. R. 4054) for the relief of New York, Lake Erie and West- 
ern Railroad Company, (Report No. 14S4.) 

By Mr. COBB of Missouri, from the Committee on War Claims : 
A bill (H. R. 4296) for the relief of the heirs of James Taylor, de- 
ceased. (Report No. 1487.) 

By Mr. WINN, -from the Committee on War Claims: A bill 
(H. R. .3237) for the relief of the legal representatives of the 
estate of William H. H. Brooks. (Report No. 1488.) 

Bv Mr. CLANCY, from the same committee: 

a' bill (H. R. 0319) for the relief of the heirs of James Murphy, 
deceased, and William P. Biickmaster. (Report No. 1489.) 

A bill (H, R. 4495) for the relief of Thomas Stack. (Report 
No. 1490.) 

By Mr. PAGE of Rhode Island, from the Committee on Claims: 

A bill (S. 1692) for the i-elief of Dwight Hall. (Report No. 
1492.) 

A bill (S. 234) for the relief of the National New Haven Bank 
of the State of Connecticut. (Report No. 1493.) 

adverse reports. 

Under clause 2 of Rule XIII. adverse reports were delivered to 
the Clerk and laid on the table, as follows: 

By Mr. COBB of Missouri, from the Committee on War 
Claims: A bill (H, R. 3547) for the relief of William H. Tui-ley. 
(Report No, 1486.) 



1892. 



CONGRESSIONAL RECORD— SENATE. 



4741 



Also, petition of members of the Congregational Church of 
Bedford, Mich., for closing the World's Fair on Suudiiy— to the 
Select Committeo on the Columbian Exposition. 

By Mr. O'FERRAIjL: Protest of James K. Heff and 57 other 
citizens of Page Co'.mty, Va., against closing the World's Fair 
on Sunday— to the Select Committee on the Columbian Exposi- 
tion. 

By Mr. O'NEILL of Missouri: Petition in favor of closing the 
World's Fair oti Sunday— to the Select Committee on the Co- 
lumbian E.xpcsition. 

By Mr. OUTHWAITE: Petition of the South Congregational 
Church of Columbus, Ohio, against appropriation for the World's 
Fair unless it bo closed on Sunday and the sale of liquor be pro- 
hibited— to the Select Committee on the Columbian Exposi- 
tion. 

By Mr. PENDLETON: Five petitions as follows: One from 
Harrison County, W. Va.; two from Wetzel County, W. Va.; 
one from Marshall County, W. Va.,and one from Lyles County, 
W. Va., all against the Brosius lard bill and for the Paddock 
pure-food bill— to the Committee on Wavs and Means. 

By Mr. PERKINS: Three petitif ns as follows: One from the 
Methodist Episcopal Church at Merrill, Iowa; one from the 
Methodist Episcopal Church at Early, Iowa, and one from Pr s- 
byterian churches at Plymouth and Merrill, Iowa, all in favor 
of closing the World's Pair on Sunday and against the sale of 
liquor en tlu grounds — to the Select Committee on the Colum- 
bian Exjiosltion. 

By Mr. RAINES: Petition for adoption of the metric systsm of 
weights and measures — to the Committee on Coinage, Weigatj, 
and Measures. 

By Mr. RICHARDSON: Petition of Presbyterians of Lincoln 
County, Tenn., for closing the World's Fair on Sunday— to the 
Select Committee on the Columbian Exposition. 

By Mr. SHELL: Petition of Longtown Alliance, Fairfield 
County, S. C, against the Brosius lard bill and for the Paddock 
pure-food bill— to the Committee on Agriculture. 

Also, petition of citizens (.f Glen Springs, S. C, against the 
Brosius lard bill and for the Paddock pure-food bill— to the Com- 
mittee on Agriculture. 

By Mr. SPERRY: Petition against opening the World's Fai'' 
on Sunday — to the Select Committee on the Columbian Exposi- 
tion. 

By Mr. SPRINGER: Petition of members of the Seventh- Day 
Adventist Church of Springfield, 111., against closing the World's 
Pair on Sunday— to the Select Committe; on the Columbian Ex- 
position. 

Also, petition of N. B, Richards and J. C. Martin, in favor 
of the Paddock pure-food bill — to the Committee on Agriculture. 

By Mr. CHARLES W. STONE: Petition of Mount Pleasant 
Presbyterian Chui-ch of Raymilton, Pa., in favor of closing the 
World's Fair on Sunday — to the Select on the Columbian Expo- 
sition. 

By Mr. TAYLOR of Illinois: Petition against closing the 
World's Fair on .Sunday — to the Select Committee on the Colum- 
bian Exposition. 

Also, petition for marking battle lines at Gettysburg — to the 
Committee on Militai'y Afl'airs. 

By Mr. VAN HORN: Petition of the New York State Sabbath 
Committee, asking that the World's Fair be closed on Sunday — 
to the Select Committee on the Columbian Exposition. 

By Mr. WARWICK: Papers to accompany House bill grant- 
ing pension to Mrs. Linda Hunt, an army nurse — to the Commit- 
tee on Invalid Pensions. 

By Mr. WOLVERTON: Resolution of the Lutheran congre- 
gation at Bloomsburg, Pa.,opposed to the opening of theWoi-ld's 
Fair on Sunday — to the Select Committee on the Columbian Ex- 
position. 



SENATE. 

Friday, May 27, 1892. 

Prayer by the Chaplain, R3v. .1. G. Bupler, D. D. 
The.Tournal of yesterday's proceedings was read and approved. 

ADJOURNMENT OVER DECORATION DAY. 

Mr. HALE. I move that when the Senate adjourn to-day it be 
to meet on Tuesday next. 
The motion was agreed to. 

EXECUTIVE COMMUNICATION. 

The VICE-PRESIDENT laid before the Senate a communica- 
tion from the Secretary of the Treasury, recommending that the 
appropriation in the House bill for the maintenance of the United 
States quarantine stations during the coming fiscal year be raised 
from $50,000 to $80,000; which was referred to the Committee on 
Appropriations, and ordered to be printed. 



COURT OF CLAIMS KEPORT. 
The VICE-PRESIDENT laid before the Senate a communica- 
lion from the assistant clerk of the Court of Claims, transmit- 
ting the conclusions of fact and of law in the French spoliation 
claim of Alexander Proudlit, administrator of .lohn Proudfit, 
deceased, relating to the ship Eli/.a; which, v.-ith the accompa- 
nying papers, was referred to the Committee on Claims, and or- 
dered to be printed. 

PETITIONS AND MEMORIALS. 

Mr. PEPPER presented the memorial of Jo.sephDihl and other 
citizens of Washington County, Kans.. and the memorial of the 
Lyon Covmty (Kans.) Alliance and Industrial Union, remonstrat- 
ing against the passage of the Wilson-Brosius bills and praying 
for the passage of the Paddock pure-food bill; which were re- 
ferred to the Committee on Agriculture and Forestry. 

Mr. WILSON presented petitions of the Methodist Episcopal 
cliurches of Floyd, Forest City, Bloomfield, and Allison; of the 
Congregational churches of Allison and Belmont, and of the First 
Baptist Church of Afton. all in the State of Iowa, pi'aying for 
the clcjing of the World's Columbian Exposition on Sunday and 
that the sale of intjxicating liquors bo prohibited thereat; which 
were i-eferred to the Committee on the Quadro-Ccntennial (Se- 
lect). 

He also pre-ente 1 a memorial of 84 citizens of Sibley, Iowa, re- 
monstrating against the commitinont of the United Stat-is Gov- 
ernment to a union of i-eligiou and the state by the passage of any 
Ic^'islation closing the World's Columbian Exposition on Sun- 
day: which was rc-ferred to the Committee on the Quadro-Ceu- 
tennial (Select). 

Mr. STOCKBRIDGE presented petitions of the Methodist 
Episcopal Chui'ch of Vermontville, of the Congi-egational Church 
of Bedford, and of the Michigan Congregational Association, all 
in the State of Michigan, praying for the closing of the World's 
Columbian Exposition on Sunday and that the sale of intoxicat- 
ing liquors be prohibited thereat: which were referred to the 
Committee on the Quadro-Centeunial (Select). 

Mr. COCKKELL presented the petition of the United Presby- 
terian Church of Cuba, Mo., praying for the closing of the World's 
Columbian Exposition on Sunday and that the .sals of intoxicat- 
ing liquors be prohibited thereat; which was referred to th-; Com- 
mittee on the Quadro-Centennial (Select). 

Mr. B'ATE presentjd the memorial of J. D. Copeland and 76 
other members of the Seventh-Day Adventist Church of L_'ach, 
Tenn., and the memorial of L. R. Eskew and 70 other members 
of the Seventh-Day Advent'st Church of Carroll County, Tenn., 
remon.strating against a commitment of the United States Gov- 
ernment to a union of religion and state, by the passage of any 
legislation closing thj World's Columbian Exposition on Sun- 
day; which were referred to the Committee on the Quadro-Cin- 
tennial (Select). 

Mr. VILAS presented the petition of the South Side Christian 
Endeavor Society of Stevens Point. Wis., praying for the closing 
of the Woi-ld's (,'olumbian Exposition on Sunday, and that the 
sale of intoxicating liquors be prohibited thereat; which was re- 
ferred to the Committee on the Quadro-Centennial (Select;. 

Mr. KYLE presented the memorial of George A. Wheeler and 
other members of the Seventh-Day Adventist Church of Vilas, 
S. Dak., remonstrating against the passage of any legislation 
closing the World's Columbian Exposition on Sunday or commit- 
ting the Unit'.d States Government to a course of religious legis- 
lation; which was referred to the Committee on the Quadro-Cen- 
tennial (Select). 

Mr. TURPIE presented a petition of the Business Men's Asso- 
ciation of Evansville, Ind., praying that an appropriation be made 
for the improvement of the Kanawha River; which was referred 
to the Committee on Commerce. 

He also presented a memorial of the Methodist Preachers' 
Association of Haughville. Ind., remonstrating against the open- 
ing of the World's Columbian E.xposition on Sunday; which was 
referred to the Committee on the Quadro-Centennial (Select). 

He also presented a petition of the United Presbyterian Con- 
gregation of Rushville, Ind., praying that no appropriation be 
granted in aid of the World's Columbian Exposition except upon 
condition that it b.3 closed on Sunday and that the .sale of intox- 
icating liquors Ije prohibit^-d thereat; which was referred to the 
Committee on the Quadro-Centennial (Select). 

Mr. RANSOM presented petitions of the Mecklenburg Pres- 
bytery; of the Methodist Ejnscopal Church of Henderson; of the 
faculty and students of the A. and M. College; and of the Sun- 
day-school workers of Wilmington, all in the State of North 
Carolina, praying that the World's Columbian Exposition bj 
closed on Sunday, and that the sale of intoxicating liquors be 
prohibited thereat; which were referred to the Committee on the 
Quadro-Centennial (Select). 

He aiso presented a petition of the Produce Exchange of WiJ- 



4742 



CONGRESSIONAL RECORD— SENATE. 



May 27, 



mino'ton, N. C, praying for a better System of lights vipon the 
many exposed points along Cape Fear River from Wilmington 
to Cape Canaveral; which was referred to the Committee on 
Commerce , 

lie also presented a memorial of the Wilmington (N. C.jCham- 
Ixir of Commerce, remonstrating against the passage of Senate 
bill 1755, relative to marine inspections; which was i-eforred to 
the Committes on Commerce. 

Mr. PASCO presented a petition of the Baptist and Presby- 
terian churches of Winter Haven, Pla., praying for the closing 
of the World's Columbian Exposition on Sunday and that the 
sale of intoxicating liquors be prohibited thereat; which was re- 
ferred to the Committee on the Quadro-Centanuial (Select;. 

Mr. DAWES presanted the petition of Smith & Wesson and 
other citizens of Springfield, Mass., interested in Patent Office 
business, representing the urgent necessity of the whole Patent 
Office building being devoted to the needs of the Patent Offioi-, 
and praying that the General Land Office may be removed there- 
from; which was referred to the Committee on Patents. 

Mr. PROCTOR presented the following petitions of Harvest 
Home Grange, Patrons of Husbandry, of Vermont: 

Petition praying for the enactment of legislation to prevent 
gambling in farm products— referred to the Committee on the 
Judiciary. 

Petition praying for the passage of a bill to prevent the adul- 
teration of food anil drugs— ordered to lie on the table. 

Petition praying for the free delivery of mails in rural dis- 
tricts—referred to the Committee on Post-Offices and Post- 
Roads. 

Mr. SHERMAN presented a petition of 24 firms doing business 
in Cincinnati, Ohio, praying for an investigation into the merits 
of the scheme of Capt. John Cowdon for lowering the bed of the 
Mississippi River and thereby preventing overflows; which was 
referred to the Committee on Commerce. 

He also presented a ])etition of the Ohio State Association of 
Mexican War Veterans, praying for the erection of a suitable 
monument in honor of Zachary Taylor: which was referred to 
the Committee on the Library. 

He also presented petitions numerously signed by citizens of 
Ohio, praying for the closing of the World's Columbian Exposi- 
tion on Sunday; which were referred to the Committee on the 
Quadro-Centennial (Select). 

He also presented a petition of 4-1 students of the Agricultural 
College of the Ohio State University, at Columbus, Ohio, pray- 
ing for the passage of the Paddock pure-food bill; which was 
referred to the Committee on the Judiciary. 

Mr. CAMERON presented the petition of C. B. Dixon and 39 
other citizens of Erankford, Pa.; the petition of J. E. Brown 
and 37 other citizens of Dunkard, Pa.; the petition of W. G. 
Crow and 10 other citizens of Morris Roads, Pa., and the p.-ti- 
tion of B. P. Titus and 131 other citizens of Point Mjirion, Pa., 
praying for the adoption of an amendment to the Constitution 
of the United StatL'S prohibiting any legislation by the States 
respecting an establisliment of religion or making an approin-ia- 
tion of money for any sectarian purpose; which were referred to 
the Committee on the Judiciary. 

He also presented memorials of the Presljyterian churches of 
Erankford. McKeesport, Knoxvillo, and Redstone; of the Luth- 
eran churches of Pikeland, Harrisburg, and Marklesburg: and 
of the Reformed Church of Dushore, all in the State of Pennsyl- 
vania, praying that the World's Columbian Exposition be closed 
on Sunday and that the sale of intoxicating liquors be prohibitod 
thereat; which were referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. PADDOCK presented a memorial of the National Reli- 
gious Liberty Association of Washington, D. C, remonstrating 
against the passage of the so-called McMillan bill prohibiting 
the delivery and .sale of ice within the District of Columbia on 
Sunday; which was referred to the Committee on the District of 
Colimrbia. _^^_- 

He also presented petitions of the Methodist^^pKc.pa 
churches of Gandy and Garfield and of the South Platte Cou' 
fercnce Evangelical Lutheran Synod, representing 720 members, 
in the State of Nebraska, praying for the closing of the World's 
Columbian Exposition on Sunday and that the sale of intoxicat- 
ing liquors be prohibited thereat; whicli were referred to the 
Committee on the Quadro-Centennial (Select). 

Mr. PERKINS presented petitions of the Methodist Episcopal 
Church of Webster, of the Congregational Church of Kinsley, 
and of the Presbyterian Church of Cawker City, all in the State 
of Kansas, praying for the closing of the World's Columbian Ex- 
position on Sunday and that the sale of intoxicating liquors be 
prohibited therea"t; which were referred to the Committee on 
the Quadro-Centennial (Select). 

He also presented the memorial of J. Dorcas and other mem- 
bers of the Seventh-Day Adventist Church of Hoi ton, Kans.. re- 



monstrating against Congress committing the United States Gov- 
ernment to a union of religion and the state by the passage of 
any legislation closing the World's Columbian Exposition on 
Sunday, or in any other way committing the Government to a 
cour.'te of religious legislation; which was referred to the Com- 
mittee on the Quadro-Centonnial (Select). 

Mr. SAWYER presented petitions of 1,485 citizens of Wiscon- 
sin, praying for the passage of legislation closing the World's 
Columbian Exposition on Sunday; which were referred to the 
Committee on the Quadro-Centennial (Select). 

He also presented a memorial of members of the Seventh-Day 
Adventist Church of Loyal, Wis., remonstrating against the 
passage of any legislation closing the World's Columbian Expo- 
sition on SundJiy, or committing the United States Government 
to a course of religious legislation; which was referred to the 
Committee on the Quadro-Centennial (Select*. 

Mr. TELLER presented apetition of citizens of Denver, Colo., 
and a petition of various religious societies, representing (300 cit- 
izens, of Central City, Colo., praying that no exposition or exhi- 
bition for which ai)propriations are made by Congress shall be 
opened on Sunday; which were referred to the Committee on 
the Quadro-Centennial (Select). 

Mr. HIGGINS presented a petition oi Midland Grange, Pa- 
trons of Husbandry, of Georgetown, Del., praying for the passage 
of the Washburn-Hatch antioption bills; which was referred to 
the Committee on the .Tudiciary. 

He also presented a petition of the Wilmington (Del.) Board 
of Trade, praying that an appropriation be made for a display of 
the navies of the world at the four hundredth anniversary of the 
discovery of America; which was referred to the Committee on 
the Quaiiro-Centonnial (Select). 

FINANCIAL STATEIdENTS. 

Mr. COCKRELL. On the 25th instant I presented to the Sen- 
ate a table prepared by the Director of the Mint in regard to the 
stock of money i8 the aggregate and p3i- capita in the principal 
countries of the world and it was printed as Miscellaneous Doc- 
imient No. 1G4. I submitted the document to the Director, Mr. 
Leech, and he has made numerous corrections in it, bringing it 
down to this date. The reply that he sent to me did not quite 
bring it down to the present date. The changes do not alter the 
aggregate to any considerable amount, but it is much nearer ab- 
solutely accurate than the one that was printed. I ask that the 
print in the Record, on page 4().i3. may be coi'rected accoi-ding 
to the amended table, and that Miscellaneous Document No. 1(34 
be withdrawn— that is, the tabular part of it— and the corrected 
table substituted for it. 

The VICE-PRESIDENT. The sUtement will be corrected in 
the Record. 

Mr. COCKRELL. And an order made to reprint Misceilansous 
Document No. 164, with the figures corrected. 

The VICE-PRESIDENT. It will be so ordered. 

REPORTS OF COMMITTEES. 

Mr. HARRIS, from the Committee on the District of Colum- 
bia, to whom was referred the bill (H. R. S3(i7) regulating the 
delivery and sale of ice within the District of Columbia on the 
Sabbath day, commonly known as Sunday, reported it with 
amendments. 

Mr. VILAS, from the Committee on Claims, to whom were re- 
ferred the following bills, submitted adverse reports thereon; 
which were agreed to, and the bills were po.stpoacd indefinitely: 

A bill (S. 059) for the relief of the legal representatives of 
William Johnnot, Joseph Torrey, and Thomas Blackv/ell, re- 
spectively; and 

A bill (S. 980) for the relief of the legal representatives of John 
Baptiste Ashe. 

Mr. SANDERS, from the Committee on Claims, to whom was 
referred the bill (S. 88) for the relief of Hiram Somerville. re- 
ported it with an amendment, and submitted a report thereon. 
>fle also, from the same committee, to whom was referred the 
nil (S. 1790) for the relief of Thomas Antisell. reported it with 
an amendment, and submitted a report thereon. 

Mr. WILSON, from the Committee on the Judiciary, to whom 
was referred the bill (S. 1933) to amend section 860 of the Re- 
vised Statutes of the United States, reixirted it with amendments. 

Mr. VEST. I am instructed by the Committee on Commerce, 
to whom was referred the bill (S.'2173) to authorize the Missouri 
River Power Company of INIoutana to construct a dam across the 
Missouri River, to report it with an amendment. I move that 
an order be made for printing the papers accompanying the bill. 

The motion was agreed to. 

PAY OF EMPLOYES. 

Mr. ALLISON. The Committee on Appropriations insti-uct 
me to report back without amendment the joint i-esolution (H. 
Res. 132) to pay the officers and employes of the Senate and 



1892. 



CONGRESSIONAL RECORD— SENATE. 



4745 



lion, without any appointment to army serrtce, but moved by hls^liindly 
feeling for the voung men who were leavinc; home at the call of the uoverii- 
ment, determined to march with '■ tho boys " and care for them and the regi- 
ment to the best of his ability. J ■ f 

From the determined character of the man he accomplished wonders m ms 
service as wagon-master for the regiment in its early campaigns in Vu-- 

^'when the Sioux Indians in our State in August, 18G3, counting upon the 
defenseless condition of om- frontier settlements because of the absence or 
our soldiers in the South, began a war of indiscriminate slaughter upon 
men women, and chikln n. on our then Western frontier, this patriotic una 
tij-eless man, Northrup, nuickly raised a company of mounted men and 
moved to the defense of Fort Kldglev, then occupied by the Sap.n-mtcndent 
of Indian Affairs, in i harge of a large sura of Government money for pay- 
ment of Indian annuities, with many citizens who for protection had sought 
the post upon the sudden outbreak of the red devils; lie with others relieveu 

I have' nodoubt that in all these services ho was called ui5on to expend his 
own money, for when ho had it he used it freely, and such services as he ren- 
dered required luouey and there was none among our people. 

He is now far advanced in years and a generous people should gratefully 
remember his serrtce and place him above want in the few years that are 

left him. . t ,.-i- ra . .roi-v- 

Very respectfully, aIjKA.. HAiubtji. 

Hon. C. K. DAVIS, 

United Status Senator. 

St. P.\ul, Xooemher 2, isn. 
Dear Sir: In a general way I am somewhat conversant with the doings 
of Anson Northrup during the civil and Indian wars, and was at the time 
satisfied of the great service he rendered. I have known him for nearly titty 
years. His pati-otism and cnergv have been his predominant characteristics. 
If anvthing was to be done he ne"ver waited for'particulars nor to study con- 
sequences. For many vears I was intimately acquainted with him during 
the early settlement of tho West, and know that he was always to the front, 
and from reliable sources I know ho was, during our troubles, where his serv- 
ices could be the most useful. He is now old, decrepit, and poor. If a man 
was ever entitled to the consideration of tho Government it is he. The great 
mistake he made was not waiting for a WTitten commission, but without 
wliich no army mission was ever more faithfully executed than his. 
Truly, vours, 

"' •* HENRY M. RICE. 

Hon. C. K. DAVIS, 

United States Senator. 

St. Paui. Minn., December 23, ISOt. 
■ My Dear Sir: Having learned that my old friend, Anson Northrup, was 
making some appeal to Congress for relief in his olct age, I take pleasure in 
adding my mite of assistance in his behalf. I have been shown two letters 
addressed" to you upon the subject, one from Judge William Lochren, of date 
October 16. Its91. and one from Governor Ramsey, of November 5, 1891, and 
have read them both carefully. 

Of course I can say nothing about the services of Mr. Northrup In connec- 
tion with tho First Regimeut, which are detailed in such an interesting man- 
ner by Judge Lochren. but you know as well as I do that it is useless to 
attempt to a'ld anything to what the judge says. I fully concur In all that 
both he and Governor Ramsey say as to the valuable services rendered by 
Mr. Northrup during the Indian troubles in 1852. He was among the very 
first to relieve Fort Itidgelv, arriving there with his company tm the S7th of 
August, which fact I mention iumy narrative of the Indian war, on page 7M 
of the second edition of the State war book. Mr. Northrup is now very .ad 
and very pcwr, and incapable of supporting himself. Among the thousauds 
of pensions that are l)»ing granted for military services I know of none that 
could be more worthily bestowed than in the case under consideration. 

Trusting that yon will do all in your power, as I know you will, in Mr. 
Northrups behalf, I remain, 
Very truly, 

ClltVS. E. FLANAGAN. 

Hon. C. K. Davis. 

Ufiitfd States Senator, Washington. D. C. 

The bill was roported to the Senate without amendment, or- 
dered to hi engrossed for a thii'd reading, read the third time, 
and passed. 

LEGAL REPRESENTATIVES OP GEORGE K. OTIS. 

Mr. SAWYER. On the 24th ot February I entered 'a motion 
to reconsider the vote by \vhich tho Senate passed the bill (S. 
400) for the relief of tlie legal repre.-outatives of George K. Otis, 
deceased. I now wish to have the vota reconsidered. I will 
state to tho Senate that there is a typographical error in tho bill. 
In describing a mail route it is given as "' 1081," when it should 
bs ''1671."' I simply wish to change tho number. It is a mis- 
take in the print. The bill was originally printed right. 

The VICE-PRESIDENT. The Senatoi-from Wisconsin moves 
to reconsider the vote by which tha bill indicated by him was 
oivlered to a third reading and passed. 

The motion to reconsider was agreed to. 

Mr. HARRIS. Wiicn was tho bill pass-d? 

Mr. SAWYER. The hill was pissed in February, and there 
was a mistake in the mail route described. I wish to move an 
amendment so as to insert the right number. 

The VICE-PRESIDENT. The bill was passed February 24. 

Mr. HARRIS. It has probably gone to the other House and 
it will have to be returned. 

Mr. SAWYER. No: the bill is in possession of the Senate. 

The VICE-PRESIDENT. The amendment moved by the 
Senator from Wisconsin will be stated. 

The Chief Clerk. Amend by striking out, in line 8, " eighty- 
one " and inserting the word "seventy-one;" so as to read " route 
1671." 

The amendment was agreed to. 

The bill was ordered to bo engrossed for a third reading, and 
was read the third time, and passed. 



SALARIES OF R.VILWAY POSTAL CLERKS. 

The bill (S. 2'504) to reclassify and prescriba the salari^of 
railway postal clerks was considered i»s in Committee fx tlio 
Whole. 

Mr. COCKRELL. Lot tho report bi raad in tnat case. 

Tho VICE-PRESIDENT. The report will be read. 

The Secretary roiid the following report, submitted by Mr. 
McMxLL.VN, from the Commit' 6 3 on Post-Officasand Posl-lloads. 
April .5, 1892. 

This is a bill to classify aad i^rcscribe the salaries of railway postal clerks. 
The following statement shows the rates of compensation under existing 
law, and the proposed changes as provided in this bill: 
Compensation per annum. 





Existing 
law. 


This bUl. 


First class 


I«)0 
800 
1,000 
1,200 
1,400 


1800 




1,000 


Third class . 


1 200 




1 , .lOO 


Fifth class. 


1,500 


SLxth class 


1,600 


Seventh class 




1,800 









The bill a.lds a sixth and seventh class, at a compensation, respectively, of 
$1,1300 and $I.8'J0. and provides that tue P,jstmaster-Genural, in fixing the sal- 
aries of clerks in different classes, may grade the salaries of the same chiss 
with due regard to the amount ot work, the mmiber ot hours employed, and 
the responsibility Incm'rcd. It also provides that clerks of class seven may 
be detailed as chiefs of divisions and clerks of class six m:i.y he detailed 
chief clerks ot two or more lines under jirescribed lestriciions. These 
changes have the approval of the Postmaster Ceneral, and the presfiit Sec- 
ond Assistant Postmaster-tieueral, who was for many years Superintendent 
of the Railway Mail Service, very strongly recoiuniends this reclassification. 

The life of a jiostal-railway clerk carries with It m.iny risks, and from tho 
nature of the employment a great deal of pride and ambition is developed 
among these custodians of the United .States mails. As the iiuponance of 
this class of employment increases there ensues a progressive requirement 
for reorganization, and it is essential that men who h:ive gone through .all 
the details and responsibilities of transportation should bo encouraged by 
advancement in their rates of compensation, which they .iustly earn in the 
regular line of promoiion. They must be and are men ot intellectnal and 
p'nysical ability, and the character of their service ran'.ts among the highest 
under the Government. 

It is believe.! that the reorganization i>roposed by this bill will raise the 
service to a higher plane that is deniauded b.v the gr.)Wth of the mails, and 
that it will contribute to the general good. The increased cost of the organ- 
ization would be iu the Ufughborbood of $3.5:1. 0:X) per annum. 

The bill is reported favorably with a recommcDdatiou that it do pass. 

The bill was reported to the Senate without amendment. 

Mr. COLIKRELL. I should like to ask the Senator reporting 
this bill why there is such a" additional increase as proposed in 
clashes (J and 7? Class 5 is increased $100, and then two new 
classes are raa;le running up to sixteen hundio.l and eighteen 
hundred dollars, respectively. Is not that rather a big jump? 
This is aiding a considerable amount to the drain on a depleted 
and exhausted Treasury. 

Mr. McMillan. Mr. President, the service seems to demand 
that these salaries be increased. Besides, the class ot men who 
ara required to do this work, which is very onerous, have to do if; 
at very great risk to their lives. The service demands a good qual- 
ity of men, and they I'eceive small salaries. 

Mr. COt'KRELL. There is no question about that. 

Mr. McMillan. The service is now underpaid, and I think 
the enactment of this bill will give us batter sn-vice. I think 
$1,8!)0 a year is not too much to pay a man who does this kind of 
work. It is only a few, however, who will i-eceive that amount. 
The service is to be graded. The lowest service is $8l-K), and it 
is to ba graded from that ujj to $1,8U0. 

Mr. COCKRELL. Under the existing law the salaries range 
at $800, $1)00, $1,000, $1,200, and $1 ,400. Under this bill the sala- 
ries start at $800 and then skip $900; there is no$900 class under 
this bill. The first class then is $800, then $1,000, $1,200, $1,300, 
$l,oOO, $1,000, and $1,800. The highest salary under the present 
law is $1,400. 

It strikes me that, notwithstanding these officers are of p^meri- 
torious class and some increasa of salary might be justified and 
some increasa of the classes, yet we must look at tho fact of an 
exhausted Treasury and the appropriations demanded by law, 
which will take every dollar of revenue if not more. There is 
no disguising it. Everybody knows that faci. Now, why shall 
we, unless there is an existing law requiring it. increase the 
strain upon tha Treasury and foL'ce in the end some method of 
increasing the revenues of the Government? The necessity stares 
us squarely in the face. I know th:it the Tressury can be so 
manipulated that there will b3 a surplus apparently on the .30th 
day of June, but it will bo bacause the appro|)riations made by 
tho last Congress which ought to have be;3n paid out of the re- 
sources and the revenues of this fisaal year have been postponed 
and will be dumped upon the Treasury, and the Treasury ex- 
hausted during the coming fiscal year 1893. That will be the 
inevitable result of this condition of affairs, and we may just as 
well look at it squarely. 



4746 



CONGRESSIONAL EECORD— SENATE. 



May 27, 



I say I know the Secretary of the Treasury can by manipula- 
tion, by postponing the expenditure of appropriations made by 
the last Congress, delaying payments, and procrastinating busi- 
nes^. have a surplus on the 30th day of Juno; but, then, those 
appropriations are already made, they are liabilities already 
created, they mustbs met, and they will be met out of the reve- 
nues of the fiscal year 1S93, and the rev,enues of that year will 
be exhausted and a deficit left. That is unavoidable, and if you 
keo]) on passing such bills no power on earth can prevent it, be- 
cause we are not increasing the revenues. 

I acknowledge the worth and merit of these employ6s of the 
Government: I should like to see them rewarded fairly and justly, 
but when we have not the money to pay and we are not providing 
any increased taxation or increased revenues, why shall we place 
this strain upon the Treasury? I see no necessity for it. There- 
fore I must move that the three last items, "$1,500, $1,G00, and 
$1 SOD," be stricken out, and in lieu of them insert "$1,400, $1,500, 
and $1,000," instead. That makes an increase of two grades 
with a corresponding increase of $200 a year, and makes two 
classes with $100 and $200 salaries, respectively, higher than now 
exist by law. That is a considerable promotion and a consider- 
able increase. It makes two classes with that increased salary, 
and two classes, the sixth and seventh, with $1,500 and $1,000, 
while the highest class now is $1,400. 

Mr. McMillan, in answer to the statement of the Senator 
from Missouri, I would say that this matter was very carefully 
considered by the Committee on Post-Oftices and Post-Roads, 
and that the increase is recommended by the Post-Ofiioe Depart- 

This is a comparatively new service, and the $1,800 allowed to 
the highest class is a very small salary to pay for the service 
called for. We are paying in the different Departments in Wash- 
ington to-day from $800 up to $1,800 for service whichhasno 
particular risk about it, while these men take their lives in their 
hands every time they get on mail trains, especially on those 
trains running at the rate of 40 and 50 miles an hour. 

I think the service demands that the pay should be increased, 
and I think that the i-ceommendation made by the committee and 
the Postmaster-General should Ije followed. 

Mr. SAWYER. I hope the amendment of- the Senator from 
Missouri will not be adopted. We considered this subject very 
carefully in committee. There is no service which is so poorly 
compensated as the service we are exacting of these railway 
postal clerks. The Post-Offlce Department will earn its revenue 
if you give it the opportunity, and if it is to increase its revenue 
it must have better men to take charge of these divisions. 

I hope the bill will pass as reiwrted by the committee. As I 
have said, we spent a great deal of time over it. 

Mr. COCKRELL. Does the Senator think the bill ought to 
pass when there is no money to pay the salaries provided by law? 

Mr. SAWYER. If you give it a chance, the Post-Office De- 
jiartment will earn its own money. 

Mr. COCKRELL. It does not earn enough to pay expenses. 
Does the Senator think we ought to do this when we have not 
the monev to pay it? 

Mr. SA'WYER. The Post-Offlce Department, if you give it 
the proper facilities, will earn the money itself to pay for it. 

Mr. COCKRELL. They never have done it yet. 

The VICE-PRESIDENT. The amendment proposed by the 
Senator from Missouri will be stated. 

The Chief Clerk. In section 1, line 10, after the word " thou- 
sand," it is proposed to strike out " five '' and insert "four; " in 
line 11, after the word "thousand," to strike out "six" and in- 
sert "five: " and in line 12, after the word "thousand," to strike 
out "eight" and insert "six;" so as to read: 

Fifth class, not exoeediug $1,400; sixth class, not esceeaiug $1,500; seventh 
class.not exceeding $1 ,600. 

The VICE-PRESIDENT. The question is on the amendment. 

The amendment was rejected. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

JOSEPH H. WELTY. 

The bill (S. 1186) granting a pension to Joseph H. Welty was 
considered as in Committee of the Whole. It proposes to place 
on the pension roll the name of Joseph H. Welty, late of Company 
I, Second Regiment of Iowa Infantry. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

LEROY ROOT. 

The bill (S. 153G) to increase the pension of Leroy Root was 
considered as in Committee of the Whole. It proposes to increase 
the pension of Leroy Root, late private, Company D, First Mich- 
igan Engineers and Mechanics, to $30 per month from October 
3, 1S90, 



Mr. COCKRELL. I move, in line 0, after the word "month," 
to strike out "said increase to date from October 3, A. D. 1890." 

Mr. PADDOCK. There is no objection to that amendment. 

The amendment was agreed to. 

The bill was reported to the £Jenate as amended, and the amend- 
ment was concurred in. 

Tlio bill was ordered to he engrossed for a third reading, read 
the third time, and passed. 

ABASH.-V RISK. 

The bill (S. 1008) granting a pension to Abasha Risk was con- 
sidered as in Committee of the Whole. 

The bill was reported from the Committee on Pensions, with 
amendments, in line 5, before the word " dollars," to strike out 
"fifty-two" and insert "eighteen;" and in the same line after 
the word " month," to insert " the same to be paid in lieu of any 
pension or future claim for pension; " so as to make the bill txjad : 

Be it enacted, etc.. Th.at the Secretary of the Interior be, and ha is hereby, 
authoi-ized and directed to place on the pension roll, at the rate of $18 per 
month, the same to bo paid In llett of any pension or future claim lor pen- 
sion, subject to the provisions and limitations of the pension laws, the name 
of Abasha Risk, of St. John, Kans.. late private in Company A. One h'audred 
and twenty-third Regiment Indiana Volunteers. 

The amendments were agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the time, and passed. 

EL RENO, OKLA. 

The bill (S. 2839) for the relief of the town of El Reno, Okla., 
was announced as next in order on the Calendar. 

Mr. WALTHALL. Let that bill go over. 

The VICE-PRESIDENT. The bill will he passed over wiCh- 
out prejudice. 

JOSEPHINE I. OFFLEY. 

The bill (S. 1691) granting a pension to Josephine Q. Offley was 
considered as in Committee of the Whole. 

The bill was reported from the Committee on Pensions with 
amendments, in lino 6, after the word "Josephine," lo strike out 
the initial "Q" and insert "I;" and in line S, befoi-e the word 
"dollars," to strike out " one hundred " and insert "forty;" so as 
to make the bill read: 

Ee it enacted, etc.. That the Secretary of the Interior be. and he is hereby, 
authorized and directed to place on the pension roll, subject to the provi- 
sions and limitations of the pension laws, the name of Josephine I. Oflley. 
widow of Robert H. Offley, late colonel of the Tenth United States Infantry, 
at the rate of $40 per month, in lieu of the i>enslon to which she is now en- 
titled bylaw. 

The amendments were agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concuired in. 

The bill was ordered to be engrossed for a third reading, road 
the third time, and passed. 

The title was amended so as to read: "A bill granting a pni- 
sion to Josephine I. Offley." 

JAMES HARVEY DENNIS. 

The bill (S. 597) to carryout thefindingsof the Courtof Claims 
in the case of James Harvey Dennis was considered as in Com- 
mittee of the Whole. 

The bill was reported from the Committee on Claims with an 
amendment, in line 5, before the word "thousand," to strike out 
"twenty-nine" and insert " twenty-five," so as to make the bill 
read: 

Be it enacted, etc.. That the Secretary of the Treasury be, and he is hereby, 
directed to pay to the i>ersonal representative of James Harvey Dennis, de- 
ceased, the sum of 135,638, being the sum found by the Court of Claims to be 
due him by reason of certain contracts tor the improvements of the Tennes- 
see River. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and th? amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third reading, road 
the third time, and passed. 

GEORGE A. BARNES. 

The bill (S. 223) for the relief of George A. Barnes was consid- 
ered as in Committee of the Whole. It provides for the pay- 
ment to George A. Barnes, late surety on the bond of Joseph 
Cushman, receiver of public moneys at Olympia, Wash,, $54.48, 
wrongfully collected from him as such surety and covered into 
the Treasury of the United States. 

Mr. COCKRELL. Let the report be road in that case. 

The VICE-PRESIDENT. The report will !» i-ead. 

The Secretary read the following report, submitted by Mr. 
Allen April 6, 1892: 

The Committee on Claims, to whom was referred th-^ bill (S. 333) for the 
relief of George A. Barnes, respectfully state that, upon application lo the 
Treasury Department lor information, the foUowiug communication was re- 
ceived: _ 

•■Treasury Dep.artment, First Comptrolukk s Office, 

- Washington, T>. <'., April 4. ISW. 
'■ Sir: Replying to your letter of March 25, 1390, referring a copy of Senate 



1892. 



CONGEESSIONAL RECORD— SENATE. 



4747 



bill 1661 for the relief of George A. Barnes, late siu-ety on tlie bond of Joseph 
Cushinan; receiver of public moneys at Olympia. Wash., anfl requesting to 
be advised of the status of his case as appears from the records of this otuce, 
I have the honor to inform you as follows; „,,,„„ 

^n said Cushman's account as receiver for the quarter ending December 
31 1861, under bond of September 13, 1861, he admitted a balance due the 
niiited States of $19.25. This office examined his accoiuit, found the same to 
be con-ectrand certified the balance o£ S19.i5 due the United States per re- 
Borl No. 1699S, on April 26. 1862. , . , „o ,o,!o i,» o,.,./i 

"In Mr Cu'ihnian's next account, imder bond of January 23. 1863, he erio- 
neously broul'ht forward the balance due the United States of $19/:^ imder 
his 1861 bond, and improperly credited the Umted States with the same. 
sSjsenuemlv Mr. Cushman deposited the item of J19 25, and the amount was 
covered into the Treasury J une 30, 1863, by waiTaut No. 14 and s.-iid amount 
was bythe accoimting dfflcers erroneously credited to Mr. Cushmans ac- 
count under his 1862 bSnd, where he was then a debtor, and suit was pending 

'°-':SMlrXS86?stnt waTSsfituiea against Mr. Cushman and the sureties 
on WsTsn bond fir the recovery of the balance of $19,25 standing against lum 
on the books of the lYeasurj'. Jud!;meut was rendered for $19. Jo principal, 
i2terest$2"53? and costs I7.TO. agffreKatiu.cc m.iS. which last-named sum was 
paid by one of his sureties, George A. Barnes, and has been covered into the 
5te.asiiry to the credit of miscellaneous receipts, or moneys unappropiated. 
"Mr Cushman h.aving paid the balance of $19.2o due the United btates un- 
der his 1861 bond, as stated above. It thus appears that no legal liabilit> at- 
tached to Mr. George A. Barnes as surety on the aforeraeut oned toud. and 
that the amount of$5i.,38.asstated in your bill, was WTongfuUy collected from 
Mm as such surety and covered Into tUo Treasury. 

•• ReBpeetfully. yoiu-s, ,.^^ ^ MATTHEWS, 

'■ ComiitroUer. 

"^■'^■^- 'By J. R. GARRISON, 

"Hon. John B. Au-en. -Dnml'j ComplrolUi: 

■' Vnilfd Status Senate, Washington, D. C." 
From which It clearly appears that Mr. Barnes is entitled to the relief 

The committee therefore recommend that the bill do pass. 
The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third Beading, read the third time, 
and passed. 

WILLIAM H. RHETT. 

The bill (S. 2114) for the relief of William H. Rhett was con- 
sidered as in Committee of the Wh. le. 

The bill was reported from the Committee on Claims with an 
amendment, in line 6, before the word "dollars," to strike out 
"eighty '"and insert '-eighty-eight;" so as tomaltethe bill read: 

J«°« enacted, etc.. That the Secretary of the Treasury be. and he is hereby, 
authorized and directed to pay to William H. Khett, of Helena, Mont., out 
of any moner in the Treasury not otherwise appropriated, the sum of J;-88. 
same being due him by the United States for mileage and per diem while 
serving as'a member of the Legislature of the Territory of Idaho. 

The amendment was agreed to. 

Mr. COCKRELL. Let the report be read in that case, omit- 
ting the exhibits. 

The VICl'VPRESIDENT. The report will be read, omitting 
the exhibits. 

The Sccr.Harv read the following report, submitted by Mr. 
VlL.\s April 6, 1802: 

The Committee on Claims, to whom was referred the bill (S. 2114) for the 
relief of WlUiam H. Rhett, respecttuUy report: 

The petitioner. William H. Khett, and George M. Shearer were candidates 
for the countv of Idaho, in the then Territory of Idaho, f6r representative to 
the Legislatiire at the election held in November. 1874, and the canvassing 
board gave Shearer the certiflcate. The Legislature assembled on the 7lh 
of December, 1W4, and the claimant, Khett. contested the seat successfully. 
so that on the 16th of December, the tenth day of the session, he was seated 
In place of Shearer. The house of representatives, however, by a resolution 
pas.^ed on that day. declared Shearer entitled to the mileage and ten days 
per diem allowed "by law, and the Territorial secretary paid such mileage 
and per dlein to Shearer accordingly, and withheld the amotmt from the 
claimant, Rhett. 

Not only according to the general usage of legislative bodies in such cases. 
bnt according to the settled ius'ruction to Territorial secretaries by the 
Trea.5ury Department, Mr. Rhett was entitled to the per diem from the be- 
glnnlug of the session, and to his mileage, as was also Mr. Shearer entitled 
to what he received. The Territorial secretary made the mistake of sup- 
posing that he could not pay two for the same service. 

The subjoined letter from the FirslCoraptroUerot the Treasury, addressed 
to the subcoramltlco who had the bill particularly under consideration, 
shows the facts of the case to be in all respects in accordance with the state- 
ments of the claimant's memorial, and that he is clearly entitled to the sum 
of $283, the same amount which was paid to She.arer, being $228 for mileage 
and 860 for per liieni, according to the circular letter of instructions to Ter- 
ritorial secretaries Lssuedfromthe First Comptroller'sofflce in the Treasury 
Department, and accompanying the Comptroller's letter, of which the ma- 
terial extracts are also appended to this report. To correct the bill amend 
by inserting the word " eight," after " eighty," in sixth line, is necessary. 

Your committee recommend the pa.s.sage of the till after amendment as 
aforesaid. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

RESIDUARY LEGATEES OF MARK DAVIS. 

The bill (S. 708) for the relief of the residuary legatees of Mark 
Davis, deceased, was considered as in Committee of the Whole. 

The prt:ainble recites that it is shown that the military au- 
thorities of the United States in command of the city of New 
Orleans on the 2,')d of February, 1863, demanded and received at 
the city from the agent of Mark Davis, a loyal citizen of the 
United States then residing at Petersburg, Va., certain per- 
Bonal property, consisting in part of fifty-five promissorj' notes, 
of the amount and value in the aggregate, without interest and 




deducting certain indorsements thereon, of $27, .383. 38, and legal 
currency to the amount of $275.30. and also demanded and re- 
ceived possession of certain real estate belonging to Mark Davis, 
and subsequently collected certain rents for the use and occupa- 
tion of the same, all of which personal property and real estate 
were duly receipted for by the ofKccr receiving the same; and 
that Mark Davis has sines died, leaving a will wherein certain 
parties are constituted residuary legatees of his estate. 

The bill therefore proposes to direct the Secretary of the Treas- 
ury to jiay to the personal representative of Mark Davis, de- 
ceased, for the use of his residuary legatees named in his last 
will and testament, or their heirs or assigns, $21,828.33, that be- 
ing the amount and value of the promissory notes and cash so 
taken. But the payment of this amount is to be received as full 
acquittance and discharge of all claim or demand against the 
United States growing out of or in any way connected with the 
taking, whether of the personal property or real estate. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 
The preamble was agreed to. 

DISTRICT POLICE COURT. 
Mr. WILSON. I ask unanimous consent that the Senate pro- 
ceed to the consideration of the Villi (S. 3011) to amend ''An act 
to define the jurisdiction of the police court of the District of 
Columbia,"' approved March 3, 1891. It is important for the 
public interests here and the proper administration of the law 
within the District that that bill should be promptly passed. I 
do not think it will take any time. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the liill. 

The bill was reported from the Committje on the Judiciary 
with amendments. The first amendment was, in section 1, line 
G, after the word "act," to strike out '-following after the word 
'jury,' in the fifth line of said section:'" and in line 8, after the 
word "following,"" to insert: 

Sec. 2. That prosecutions in the police court .shall be on information by 
the proper prosecuting officer. In all prosecutions within the .iurisdiction 
of said court in which, according to the Constitution of the United States, 
the accused would be entitled to a jury trial, the trial shall be by jury. 
So as to make the section read: 

That an act entitled "An act to define the jtirisdlction of the iiolice court 
of the District of Columbia," approved March 3, 1S91, be amended as follows: 
Strike out all of section2of said act, and in lieu thereof insert the following: 
"Sec. 2. That prosecutions in the police court shall be on infcn-ination by 
the proper prosecuting officer. In all prosecutions within the jurisdiction 
of s.aid court in which, according to the Constitution of the United States, 
the accused would be entitled to a jury trial, the trial shall be by jur.v, unless 
the accused shall in open court expressly waive such trial by jury and re- 
quest to be tried by the Judge, in which case the trial shall bo by such judge, 
.and the Judgment and sentence shall have the same force and elfect in all re- 
spects as if the same had been entered and pronounced upon the verdict of a 
Jurv. In all cases where the accused would not by force of the C<mstitutiou 
of the United States be entitled to a tri il by jury, the trial shall be by the 
court without a jury, unless in such of said last-named cases wherein the 
line or penalty may "be $50 or more, or imprisonment as punishment for the 
offense may be thirty days ormore, the accused shall demand a trial by jury, 
in which case the trial shall bo by Jury. In all cases where the said court 
sliall impose a fine it may. in default of the payment of the fine imposed, 
commit the defendant for such a tei-m as the court thinks right and proper, 
not to exceed one year." 
The amendment was agreed to. 

The next amendment was, in section 2, line 4, after the words 
"Sec 1060," to strike out "He"' and insert "The clerk:" so as 
to make the section read: 

Sec. -2. That section 1030 of the Revised Stauites relating to the District of 
Columbia be. and the same is hereby, amended .so that said section shall 

•'•SEC. 1060. The clerk and the deputy clerks, and such other officers of the 
court as may be assigned by the judges of the court for that purpose, shall 
have the ijower to administer oaths and affirmations." 

The amendment was agreed to. 

The bill was reported to the Senate as amended , and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

TRUSTEES OF ISA.\C R. TRIMBLE. 

The bill (S. 2260) for the relief of the trustees of Isaac R. 
Trimble was considered as in Committee of the Whole. It pro- 
poses to refer to the Court of Claims the claim of the trustees of 
Isaac R. Trimble against the United States for the construction 
and use by the War Department of Howe's patent truss in the 
bridge over the Potomac River. Jurisdiction is conferred on 
that court to proceed as a court of equity, and to report the find- 
ings therein to Congress at an early day. 

Mr. COCKRELL. I notice in this report, in an extract from 
the Barracks and Quarters Branch, Quartermastcr-Gonerara 
Oflice, April 25, 1873, that there is an account stated: 
Case of I. K. Trimble, for patent fees on Howe truss spans in Long 

liridge over Potomac River, erected tmder thesuperrtslonof Gen. 

McCallum, 1861, as per items enumerated o SS'o" 

Interest to February, 1873, twelve years i.m.y- 

Total 6'<>5''8S 



4748 



CONGRESSIONAL EECOED— SENATE. 



May 27, 



That would indicate that the question of interest had heen 
considered by the Committee on Military Affairs. I am sure it 
was not coQsidered and is not in the bill. If the Court of Claims 
shouhl allow interest in making their i-eport to Congress I have 
no doubt that Conjfress would strike out any provision allowing 
interest, as it has done in all similar cases. This bill simply re- 
fers the claim of the trustees to the Court of Claims, and the 
court are to report their findings to Congress at an early day 
So the question of interest will still b.>. left with Congress; and 
this bill does not require the Court of Claims to find interest 
upon the claim. If it did I should vote against the bill. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

BUILDINGS ALONG ALLEYS IN WASHINGTON". 

The bill (H. R. 5119) to pr.-ventthe building of houses along cer- 
tain alleys in the city of Washington, and for other purposes, 
was announced as next in order on the Calendar. 

Mr. KENN A. Mr. Pr^'sident, that bill is in charge of the Sen- 
ator from Colorado [Mr. Wolcott]. and in his necessary absence 
the Senator from Michigan [Mr. McMillan], the chairman of 
the Committee on the District of Columbia, and I have just 
agreed, and I hope it will suit the convenience of the Senate, 
tliat the bill shall go over for the present without prejudice. 

The VICE-PRESIDENT. The bill will bf3 passed over with- 
out prejudice. 

RESUBDIVISION OF SQUARE 673 IN WASHINGTON. 

The joint resolution (S. R. 47) authorizing the resubdi vision of 
square (373 in the city of Washington was considered as in Com- 
mittee of the Whole. 

The joint resolution was reported to the Senate without 
amendment, ordered to be engrossed for a third reading, read 
the third time, and passed. 

PKACTICE OF MEDICINE IN THE DISTRICT. 

The bill (S. iS6H) to regulate the practice of medicine in the 
District of Columbia was considci'ed as in Committee of Whole. 

Mr. COCKRELiL. Section 9 p.ovides: 

Thai a proper oftlco for tlie use ot tUe medical examining boards provided 
for in tliis act sliall be fiu'uislied by the Commissioners of the District of Co- 
lumbia. 

Section 11 provides: 

That the fees received l)y each of said boards ot medical ex.aminersshnllbe 
first used to defray necessary expi'nses, and such .surplus as shall re:naiu 
may be distributed equally among the members as compeusatiim for their 
services, but otherwise they shall receive no compausatiou whatever. 

Now, the Commissioners of the District of Columbia have no 
building here; they are occupying a rented building, and if they 
furnish an offic? for this purpose, they will have to rent it. I 
move to insert in lino 3, of section 11, after the word " expenses ," 
the words ''including office rent. " 

Mr. GALLING ER. That v.-ill be very satisfactory to the com- 
mittee. I think there is no objection to that amendment. 

The VICE-PRESIDENT. The am.'.ndment wUl b.^ stated. 

The Chief Clerk. In section H, line 3, after the word " ex- 
penses," it 16 proposed to insert "including officj rent." 

The amendment was agreed to. 

Mr. GALLINGER. Under those circumstances the Senator 
from Missouri would strike out section 9, would he not? 

Mr. COCKRELL. No, leave section 9 in, because the District 
of Columbia Commissioners will rent the building and furnish it 
to the e.xamini'rs, but they will pay out of the fees the rent and 
then the surplus will go to them. 

Mr. GALLINGER. As I understand it, that is probably cor- 
rect. 

Mr. COCKRELL. I have been requested by some one of the 
medical profession— I am not sufficiently well versed in it to de- 
termine exactly the title itshould be given— to offer some amend- 
ments, and I hope they will be acceptable. I will explain them 
all before they are separately acttd upon. I move, in line 3 of 
section 1 , after the word 'two," to insert "or more;" so as to 
read: 

That there shall be for the District of Columbia two or more sep.irate 
boards of medical examiners, etc. 

Then, after the word " Columbia," in line 7, I move to insert 
"and one representing the vivopathic system adopted by the So- 
ciety of the White Cro-s University of Science as incorporated 
by virtue of act of Congress of May 5, 1S70." 

Then I have one or two other little amendments to offer, so as 
to include this particiilar school of medicine in the number of 
those who ca'i have a medical board. 

I have auothcramendment in lino 13, after the word " society," 
to insert "college or university;" in the same line to strike fivt 
"school " and insert " system," and before the word "may," at 
the end of lino 14, to insert "now is or;" so as to read: 

Now is or hereafter may be incorporated by any act ot Congress in the Dis- 
trict of Columbia. 



I do not know that there can be any objection to these amend- 
ments. 

Mr. GALLINGER. Mr. President, I am disposed, as a mem- 
ber c f the committee reporting this bill, to take a very liberal 
view, and tocover, so far as possible, every school of medicine 
which ought to be recognized, and yet there are difficulties es- 
specially in the way of adopting the second amendment proposed • 
by the Senp.tor from Missouri. 

The bill starts o.it with the idea that the two medical Booietie.9 
already incorporated by Congress shall have recognition, and 
that when any future medical school becomes incorporated it 
likewise shall have the same rights and privileges. 

We have. passed through the Senate a bill incorporating the 
Eclectic Medical Society, and if that should pass the House and 
become a law, the Eclectic Medical Society could ask for and un- 
der this bill would have aboard of medical examiners. 

The Senator froin Missouri asks that we include an association 
called the Vivopathic Association, which claims to have a charter 
from Congress— I have not looked at it very carefully to know 
whether it is really incorporated or not — but it is composed of a 
few estimable gentlemen, I have no doubt. The man who is at 
the head of it presented a little bottle of elixir and a package of 
powder to the committee, telling the committee that if they 
mixed those two ingredients and took a dose now and then they 
never would die, they could not die, and indeed he left some of 
it in the committee room with the assurance that if I wanted to 
live forever all I had to do was to mix those ingredients in equal 
quantities and occasionally indulge in them, and my life was as- 
sured for all time to come. 

I have no doubt the man is a well-meaning man, but he does 
not represent anybody but himself; he is a theorist, and it 
strikes me thit it will bo ridicidous in adopting a measure to 
regulate the ju-actice of medicine, which needs regulation and 
which almost every State in the Union has already done, to rec- 
ognize possibly a school that consists of two or three well-mean- 
ing but rather erratic gentlemen. I should bj opposed to that 
amendment, and I think the Senator from Missouri will scarcely 
press it upon the Senate. 

Mr. President, concerning this entire bill, I will say that it 
has been a \ery difficult matter to construct a bill which would 
meet the necessities of the occasion, and this bill is not satisfac- 
tory to the medical fratei'nity of the city of Washington. I had 
two drafts presented to me as a subcommittee of the Committee 
on the District of Columbia, and I found great objection to both 
of them in the minds of individual members of the profession, 
aud to some extent of the pro.'ession at large. I took upon my- 
self, having some little knowletlge of medical matters, to re- 
write the entire bill and jjre.sent it in this form for the consid- 
eration of Congress. 

I have now in my desk some amendments proposed by some of 
the leading ])hysicians in Washington who complain that, inas- 
much as we reeogiiize societies, tliey are excluded from Ijecom- 
ing members of these examining l.oards; that they are not mem- 
bers of these societies, do not care to become membei's, and 
possibly could not become members if they desired. Then, I 
have had a request from distinguished medical gentlemen here 
to hold up this bill until the two leading schools could got to- 
gether and propose certain amendments; but inasmuch as they 
were hea'd before the committee and presented abill, which the 
committee considered, I hardly think it necessary to delay ac- 
tion on this l)ill for the pui>i)ose of reopening the entire case. 

My own individual feeling is that this is a very good bill. It 
is broad: it is liberal: it is just; it will harm nobody. It will do 
some good, and I think it ought to pas.s substantially as reported 
by the committee. 

I trust, therefore, that the distinguished Senator from Mis- 
souri, who is always good natured and who always wants to do 
the right thing, will not pi-ess his amendments, which, I think, 
would endanger the passage of the bill and C-U-tainly would de- 
stroy its leading features and make it of very little account to 
the profession. 

Mr. COCKRELL. I am vei'y glad to have the explanation 
made by the distinguished Senator from New Hampshire, who 
is also a distinguished member of the medical profession. He 
knows much more about this question than the rest of us. 

I was simply requested to present these amendments, not 
knowing that they had baon submitted to the committee and 
not now remembering who requested me to present them, and I 
thought I ought to suggest them. I knew the Senator from New 
Hampshire would know whether they were appropriate or not. 

If this vivopathic society is trying to keep all the people liv- 
ing forever, I think we had better not recognize it. The country 
would become too populous after awhile, and we should not all 
be able to make a living. [Laughter.] 

The PRESIDING OFFICER (Mr. Paddock in the chair). 
D:es the Senator from Missouri v/ithdraw his amendments? 

Mr. COCKRELL. I do not withdraw the amendments. If 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



4779 



By Mr. ELLIS: A bill (H. R. 9032) for the relief of H. Ober- 
dorfer— to the Committee on War Claims. 

By Mr. PUNSTON: A bill (H. R. 9033) to grant a pension to 
Geor"-e W. Deseamus— to the Committee on Invalid Pensions. 

By I\Ir. HARTER: A bill (H. R. 9034) granting an honorable 
discharge to John Schell— to the Committee on Military Affairs. 

By Mr. HARRIES: A bill (H. R. 9035) for the relief of Thomas 
C. Armstrong— to the Committee on Military Affairs. 

By Mr. HERMANN: A bill (H. R. 9036) for the relief of Fran- 
cis M. Simpson for services in the late war— to the Committee 
on Invalid Pensions. , 

By Mr. LIVINGSTON: A bill (H. R. 9037) for the relief of the 
estate of Leander C. McLellan— to the Committee on War 
Claims. 

By Mr. MEREDITH: bill (H. R. 9038) for the relief of L. S. 
Strauss— to the Committei? on War Claims. 

Also, a bill (H. R. 9039) to increase the pension of Armsted T. 
Milh, a veteran of the Mexican war— to the Committee on Pen- 
sions. 



PETITIONS, ETC. 

Under clause 1 of Rule XXII, the following petitions and pa- 
peps were laid on the Clerk's desk and referred as follows: 

By Uv. ANDREW: Petition of 24 citizens of Massachusetts, 
owning extensive property in the State of Florida, for scientific 
investigation of diseases o'f the orange and other fruit trees— to 
the Committee on Agriculture. 

Also, petition of William Rotch, of Boston, that on and after 
July 1. 1893, the metric system of weights and measures be used 
in United States custom-houses— to the Committee on Coinage, 
Weights, and Measures. 

By Mr. BLOUNT: Papers in claim of Hugh V. Washington— 
to the Committee on Claims. 

By Mr. BURROWS: Petition for closing the World's Fair on 
Sunday— to the Select Committee on the Columbian Exposition. 

By Mr. BYRNS: Petition of members of Grand Army of Re- 
public Post No. 314, of Jefferson County, Mo., praying for the 
passage of a bill to properly mark the battle lines of Gettysburg— 
to the Committee on Military Affairs. 

Also, petition of citizens of Perry County, Mo., against the 
passage of the Brosius lard bill, H. R. 39.5, and praying for the 
enactment of a general pure-food law — to the Committee on Ag'- 
riculture. 

Also, protest of citizens of St. Genevieve County, Mo., against 
the Brosius lard bill, and for a general pure-food law — to the 
Committee on Agriculture. 

By Mr. CABLE: Petition of the United Presbyterian Chui-ch 
of Sunbeam, 111., in favor of the Sunday closing of the World's 
Fair, temperance, and purity of art at the same — to the Select 
Committee on the Columbian Exposition. 

Also, 4 pstitions against opening the World's Fairon Sunday — 
to the Select Committee on the Columbian Exposition. 

By Mr. CHIPiMAN: JSIemorial of the Michigan Congregational 
Association, against Sunday opening of the World's Pair and 
against the sale of intoxicating liquor on the grounds — to the 
Select Committee on the Columbian Exposition. 

By Mr. COOLIDGE: Petition of the Young People's Society 
of Christian Endeavor of the North Congregational Church of 
Amherst, Mass., in relation to closing the World's Fair on Sun- 
day and for prohibition of the sale of liquor on the grounds— to 
the Select Committee on the Columbian Exposition. 

By Mr. COOPER: Petitionot25 citizens of Carp, OwenCounty, 
Ind., praying for the iiassage of the antioption bill — to the Com- 
mittee on Agriculture. 

By Mr. CUMMINGS: Petition for a system of metric weights 
and measures — to the Committee on Coinage , Weights, and Meas- 
ures. 

By ISIr. DINGLEY: Petition of members of the Seventh-Day 
Adventist Church of Damariscotta, Lincoln County, Me., asking 
that the World's Fair bo closed on Sunday — to tho Select Com- 
mittee on the Columbian Exposition. 

By Mr. DONOVAN: Petitionof the Baptist Church of Plumbs 
Cross Roads, Ohio, against opening the World's Fair on Sunday 
and against the sale of liquor on the grounds — to the Select 
Committee on the Columbian Exposition. 

By Mr. ELLIS: Proof to accompany tho claim of H. Oberdor- 
fer. for property taken during the late war — to the Committee on 
War Claims. 

By Mr. ENGLISH: Petition for adoption of the metric sys- 
. tern of weights and measures — to the Committee on Coinage, 
Weights, and Measures. 

By Mr. ENLOE: Papers in the claim of Daniel Cupples, ad- 
ministrator of Wilson Cupples — to the Committee on War 
Claims. 



By Mr. EPES: Papers in the claim of Maj. Woodson— to the 
Committee on War Claims. 

By Mr.PYAN: Petition of citizens of Barry County, Mo., and 
citizens of Newton County, Jilo., against the jjassage of the 
Brosius lard bill (H.R. 395) and praying for the enactment of a 
general pure-food law — to the Committee on Agriculture. 

By Mr. GORMAN: Petition of 18 church societies and 167 
citizens of the Second Congressional district of Michigan, ask- 
ing- that tho Columbian Exi^osition b.! closed on Sunday — to the 
Select Committee on the Columbian Exposition. 

By Mr. HERMANN: Protest from Wallowa County, Oregon, 
against closing the World's Fair on Sunday — to the Select Com- 
mittee on tho Columbian Exposition. 

Also, two protests, one from Portland, Oregon, and one from 
Union Countj', Oregon, against closing the World's Fairon Sun- 
day — to the Select Committee on the Columbian Exposition. 

By Mr. HOOKER of New York: Petition for 1-eent postage— 
to the Committee on the Post-Offico and Post-Roads. 

Also, petition for closing the World's Fair on Sunday — to the 
Select Committee on the Columbian Exposition. 

By Mr. HOUK of Ohio: Petition of the Presbyterian Church 
of Dayton Presbytery, against Sunday opening of tlie World's 
Fair — 300 members — to the Select Committee on the Columbian 
Exposition. 

By Mr. HOUK of Tennessee: Petition for mai-king battle lines 
at Gettysburg — to the Committeeon Military Affairs. 

Also, petition against opening 'the World's Fair on Sunday — 
to the Select Committee on the Columbian Exposition. 

By Mv. MILLIKEN: Petition asking pension for Luther San- 
born, jr. — to the Committee on Invalid Pensions. 

By Mr. O'DONNELL: Petition of the Michigan Congrega- 
tional Association, representing 325 churclies, with a member- 
ship of 25,000, protesting against opening the World's l<'air on 
Sunday and the sale of liquors on the grounds— to the Select 
Committee on the Columbian Exposition. 

Also, petition of Vermontville Methodist Episcopal Church, 
upon the same subject — to the Select Committee on tho Colum- 
bian Exposition. 

By Mr. O'NEILL of Missouri: Petition of Pilots' Society, Mis- 
sissippi and Ohio Rivei-s, requesting amendment to certain 
steamboat laws which apply to inspection service — to the Com- 
mittee on Interstate and Foreign Commerce. 

By Mr. PATTISON of Ohio: Petition of members of Mount 
Zion and Mount Calvary Churches, Highland County, Ohio, ask- 
ing that the World's Fair 1)3 closed on Sunday — to the Select 
Committee on the Columbian Exposition. 

By Mr. PAYNTER: Petition of Andrew Hanshaw, late of 
Company F, Thirty -ninth Regiment Kentucky Infantry, for re- 
moval of the charge of desertion— to the Committee on Mili- 
tary Aft'airs. 

Also, petition of sundry citizens of Lawrence County, Kj'., 
asking that the pension of Allen P. Hows be raised from $24 to 
$50 per month — to the Committee oa Invalid Pensions. 

By Mr. PERKINS: Petition of 80 citizens of Sibley, Iowa, 
against any action with reference to the closing of the World's 
Columbian Exposition on Sunday — to the Select Committee on 
the Columbian Exposition. 

ByMr.POST: Petition of Blyton Grange, Fulton County, 111., 
in favor of tho purc-lard bill, for the encouragement of silk cul- 
ture, and for legLslatiou to prohibit contracts discrediting legal- 
tender currency — to the Committee on Agriculture. 

By Mr. SMITH of Illinois: Papers to accompany House bill 
■i'l'i'y. for relief of the city of Cairo, 111. — to the Committee on 
Claims. 

ByMr.STACKHOUSE: Petitionof McRae Alliance, No. 1046, 
of Marlborough County, S. C, against the Brosius lard bill and 
for the Paddock pure-food bill — to the Committee on Ways and 
Means. 

By Mr. STEWARD of Illinois: Petition of William T. Hib- 
beruandl3 members of tlie Seventh- Day Adventist Church of 
Sheridan, 111., against closing the World's Fair on Sunday — to 
the Select Committee on the Columbian Exposition. 

By Mr. STONE of Kentuckv: Petition of Ellen Kamp, John 
M. Hewlett, David M. Williams, William R. Boice, William P. 
Hendricks, Thomas B. Armstrong, John L. Berry, Robert Air 
& Co., B, P. Robinson, Richmond P. Hunter, James C. Glenn, 
J. W. Holmes. J. T. Miller. John Baerle, John A. Allen, Killian 
Allgairs, Seth Bedshaw, James Bartvam, S. Beam, J. H. Bar- 
clay, D. Talbott, P. Talbott, C. C. Bliss, estate oj J. Biggerstaff-r 
J. Blackwell, Baptist Church of Flemingsburg, Ky., and Wil- 
liam S. Ayers, all asking that their claims be referred to the 
Court of Claims — to the Committee on War Claims. 

Bv Mr. VINCENT A. TAYLOR: l^etition of mciubers of 
Strdngsville Grange, No. 1324, of Ohio, asking for tho jjassage 



4780 



COI^GRESSIONAL EECORD— HOUSE. 



May 28, 



of a law to prevent gambling in farm products, and in favor of 
the pure-food bill — to the Committee on Agriculture. 

Also, petition of members of the Christian Union of Young 
People's Societies of Huron County, Ohio, asking Congress to 
make no appropriation for tlie World's Fair except upon condi- 
tion that the Exposition be closed on Sunday and that no liquors 
be sold on the grounds— to the Select Committee on the Colum- 
bian Exposition. 

By Mr. TERRY (by request): Petition of W. L. Griffins and 
others of Franklin County, Ark., against committing the Gov- 
ernment to a course of religious legislation by act to close the 
World's Fair on Sunday — to the Select Committee on the Co- 
lumbian Exposition. 

By Mr. TOWNSEND; Petition of the Woman's Christian 
Temperance Union of Colorado, to passtlie bill to prohibit open- 
ing of any exposition on Sunday v,fhere ajipropriations of tlie 
United States are expended — to the Select Committea on the 
Columbian Exposition. 

Also, I'esolutions of Senior and Junior League of Methodist 
Church, Young People's Society of Christian Endeavor of the 
Presbyterian Church, and many other citizens of Central City, 
Colo., in favor of appropriation of $5,000,000 to the World's Fair 
on condition that the Fair be closed on Sunday — to the Select 
Committee on the Columbian Exposition. 

By Mr. WEADOCK: Petition of John Larkin, mayor of Mid- 
dlesex, Mich., and others for the passage of House bill 8925 — to 
the Committee on Invalid Pensions. 

By Mr. WIKE: Petition of J. W. Hewett and 50 others of 
Greene County, 111., against committing the United States Gov- 
ernment to a union of church and state by act to close the World's 
Fair on Sunday, or in any other way committing Government to a 
course of religious legislation — to the Select Committee on the 
Columbian Exposition. 

By Mr. WILLIAMS of Massachusetts: Petition of D. Fitz- 
gerald, of Brookline, Mass., that on and after July 1, 1893, the 
metric system of weights be used in the customs service — to the 
Committee on Coinage, Weights, and Measures. 

By Mr. WILLIAMS of Nortli Carolina: Petition of citizensof 
Burlington, N. C, against opening the World's Fair on Sun- 
day — to the Select Committee on the Columbian Exposition. 

By Mr. WRIGHT: Petition of citizens of Rome, t'a,., against 
closing the World's Fair on Sunday — to the Select Committee 
on the Columbian Exposition. 



HOUSE OP EEPEESENTATIVES. 

Saturday, May 28, 1892. 

The House met at 11 o'clock a. m. Prayer by the Chaplain, 
Rev. William H. Milbuun, D. D. 
The Journal of the proceedings of .yesterday was read. 

ADJOURNMENT OVER DECORATION DAY. 

Ml-". McMILLIN. Mr. Speaker, I move that when the Hous3 
adjourn to-day it adjourn to meet on Tuesday next. 

The motion was agreed to. 
LEGISLATIVE, EXECUTIVE, AND JUDICIAL APrRC*#'ffiOT5( >^^ 

BILL. 

Mr. FORNEY, from the Committee on Appropriations, re- 
ported a bill (H. R. 9040) making appropriations for the legisla^ 



tive, executive, and judicial expenses of the Govei*nmentfor the 
fiscal year lcS93: which was read twice, referred to the Commit 
tee of the Whole on the state of the Union, and, with the accom 
panying report, ordered to be printed 

Mr. DINGLEY. Mr. Speaker " 
of order are reserved. 

CHINESE EXCLUSION ACT. 

The SPEAKER laid before the House a letter from the Sec- 
retary of tlie Treasury, inviting attention to the necessity for an 
appropriation for the enforcement of the act approved May 5, en- 
titled "An act to prohibit tlie coming of Chinese poi-sons into 
the United States;" which was referi'ed to the Committee on 
Appropriations, and ordered to be printed. 

PAY OP BAILIFFS, UNITED STATES COURTS. 

The SPEAKER also laid before the House a letter from the 
Secretary of the Treasury, transmitting a copy of a communica- 
tion from the iy,torney-General, submitting for an appropriation 
•i. voucher of expenses incurred under tlie appropriation for jiay 
of bailiffs, etc., United States courts, for the fiscal year ending 
June 30, 1891; which was referred to the Committee on Ajipro- 
priations, and ordered to be printed. 

POSTAL SERVICE INCIDENT TO COLUMBIAN EXPOSITION. 

The SPEAKER also laid before the House a letter from the 



Secretary of the'Troasury, transmitting an estimate of appropri- 
ation submitted by the Postmaster-General for the postal service 
incident to the World's Columbian Exposition for the fiscal years 
1«93 and 1894; which was referred to the Committee on the Post- 
OIHce and Post-Roads, and ordered to be printed. 

L. A. BARKER VS. THE UNITED STATES. 

The SPEAKER also laid before the House a communication 
from the Court of Claims, transmitting a copy of the findings of 
the court in the case of L. A. Barker, deceased, against the United 
States; which was referred to the Committee on War Claims, and 
ordered to bs printed. 

JOHN .WARREN. 

The SPEAKER also laid before the House abill(H.R. 4489)fop 
the relief of John Warren, with an amendment of the Senate 
thereto. 

Mr. ROCKWELL. Mr. Speaker, I move that the House con- 
cur in the Senate amendment. 

The SPEAKER. The Clerk will report the amendment. 

The amendment was road, as follows: 

In line 2, strike out all after "to," down to and Incluling " service," line 
(I, and insert: "Revoke and set aside so much of ' Special Orders numbered 
:;-t5. War Department, Adjutant-General's OfHce. Wasliington, September 17, 
1863,' as dishonorably discharged Capt. John Warren, Sixty-third New Yorls 
Volunteers, the service of the United States, and grant him an honorable 
discharge from the service as of date September 17, 18(53." 

The amendment was agreed to. 

The SPEAKER. The Chair laid before the House several 
Ssnat« bills, and the titles having been once printed in the Rec- 
ord, if there be no objection the Chair will have the bills re- 
ferred without the titles being again read. 

There was no objection, and it was so ordered. 

A bill (S. 223) for the relief of George A. Barnes — to the Com- 
mittee on Claims. 

A bill (S. 1008) granting a pension to Abasha Risk — to the 
Committee on Invalid Pensions. 

A bill (S. 1180) granting a pension to Joseph H. Weltey — to 
the Committee on Invalid Pensions. 

A bill (S. 1254) granting a pension to Anson Northrup— to the 
Committee on Invalid Pensions. 

A bill (S. 1530) to increase the pension of Leroy Root — to the 
Committee on Invalid Pensions. 

A bill (S. 1091) granting a pension to Josephine I. Ollley — to 
the Committee on Invalid Pensions. 

A bill (S. 1743) for the relief of the legal representatives of 
William D. Wilson, deceased — to the Committee on War Claims. 

A bill iS. 1962) granting an honorable discharge to William 
Pierce — to the Committee on Military Atfairs. 

A bill (S. 1987) for the relief of Samuel Collins — to the Com- 
mittee on Claims. 

A bill (S. 2114) for the relief of William H. Rhett— to the Com- 
mittee on Claims. 

A bill (S. 226H) for the relief of the trustees of Isaac R. Trim- 
ble — to tlio Committee on Claims. 

A bill (S. 2407) for the relief of the legal representative or 
representatives of Pi-anklin S. Whiting, deceased — to the Com- 
mittee on War Claims. 

■A bill (S. 2004) to reclassify and prescribe the salaries of rail- 
wltv ijostal clerks — to the Committee on the Post-Office and 



y ))ostal cle 
Post-Roads. 

A bill (S. 2012) granting a pension to Tendoy, chief of the Ban- 
noc'ks, Shoshones, and Sheepeaters tribe of Indians — to the Com- 
mittee on Pensions. 

A bill (S. 2778) .granting a pension to Anna E. Barnard — to the 
Committee on Invalid Pensions. 
^ ^ A bill (S. 3011) to amend "An act to define the jurisdiction of 

it is understood tligiJfiBpW7tTS""I^IJo!ic.3 court of the District of Columbia," approved March 3, 

1891 — to the Committee on the Judiciary. 

A joint resolution (H. Res. 47) autliorizing the resubdivision 
of square 073, in the city of Washington — to the Committee on 
the District of Columbia. 



LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 
To Mr. Cox of New York, for fis-e days,on account of important 
business. 
To Mr. Payne, indefinitely, on account of important business. 
To Mr. Curtis, for one day, on account of important business. 

estate of JOHN W. WHITFIELD. 

Mr. SAYERS. Mr. Speaker, I ask unanimous consent that the 
Senate bill (S. 242) for the relief of the estate of John W. Whit- 
field, late registerof the land office in the Delaware land district 
of Kansas, be taken from the Private Calendar and put upon its 
passage. 

The bill was read, as follows: 
Be it enacted, etc., That the suit now pending in the circuit court of the 



1892. 



CONGRESSIONAL RECOED— SENATE. 



4841 



lumbian Exposition on Sunday; which was reterred to the Com- 
mittee on the Quadro-Centennial (Select). 

Ho also presented petitions of the United Presbyterian Church 
of Rushville; of the Evangelical Lutheran Church of La Grange: 
of the Bethel Methodist Episcopal Church, of Scott County; of 
Rev. D. A. Tucker, of Millhouson; of the Shiloh Baptist Church, 
of Rising Sun; of the Methodist Preachers' Association of Haugh- 
ville; of the South Street Baptist Church, of Indianapolis, and 
of the Lost Creek Baptist Church, of Lost Creek, all in the State 
(if Indiana, praying for the closing of the World's Columbian Ex- 
position on Sunday ami that the sale of intoxicating liquors bo 
prohibited thereat; which were referred to the Committee on the 
tUiadro-Centennial (Select). 

Mr. Mcpherson presented a petition of the International 
Rock Plaster Company of Broadway, New York, signed by H. T. 
Lilliendahl, secretary, praying that the metric system of weights 
and measures be used exclusively in the customs service; which 
was referred to the Committee on Finance. 

He also presented a memorial of the American Sabbath Tract 
Society of Plainfield, N. .1., representing the Seventh-Day Bap- 
tists o'f the United Slates, remonstrating against the commit- 
ment of the United States Government to a union of religion and 
the state by the passage of any legislation closing the World's 
('(ilumbian Exposition on Sunday; which was referred to the 
CommittiO on the Quadro-Centennial (Select). 

He also presented a petition of the Second Presbyterian Church 
of Mendham, N. J., praying for the closing of the World's Co- 
lumbian Exposition on Sunday, and that the sale of intoxicating 
liquors be prohibited thereat; which was reterred to the Com- 
mittee on the Quadro-Centennial (Select). 

Mr. HISCOCK. I present a petition signed by citizens of New 
York City praying that the appropriate committee be directed 
to inquire into' the system of naturalization in New York City to 
the end that some remedial legislation may bo devised and en- 
acted in reference thereto. The petition is numerously signed 
by very prominent citizens of that city. I move that it be re- 
ferred to the Committee on Immigration. 
The motion was agreed to. 

Mr. ALLEN presented a petition of ex-soldiers and sailors of 
Meade Post, No. 9, Grand Army of the Republic, of Washington 
and Alaska Territory, praying for the passage of the Quay- 
Wheeler bills relative to marking the battle lines at Gettys- 
burg, Pa.; which was ordered to lie on the table. 

He also presented a memorial of citizens of Clarke County, 
Wash., remonstrating against the commitment of the United 
States Government to a union of religion and the state by the 
passage of any legislation closing the World's Columbian Expo- 
sition on Sunday; which was referred to the Committee on the 
Quadro-Centennial (Select). 

Mr. PERKINS presented petitions of the Congregational 
Church of Wabaunsee; of the First Presbyterian Church of Co- 
lumbus; of the First Presbyterian Church of Hays City; of the 
Congregational and Methodist Episcopal churches of Paxico, and 
of sundry citizens of Sterling, all in the State of Kansas, praying 
for the closing of the World's Columbian Exposition on Sunday, 
and that the sale of intoxicating liquors be prohibited thereat; 
which were referred to the Committee on the Quadro-Centennial 
(Select). 

He also presented the memorial of Jesse Hiatt and other mem- 
bers of the Seventh-Day Adventist Church of Independence, 
Kans., and the memorial of P. Scholl (Catholic priest) and Sun- 
dry other citizens of Independence, Kans., remonstrating agaiust 
the commitment of the United States Government to a union of 
religion and the state by the passage of any legislation closing 
the World's Columbian Exposition on Sunday; which were re- 
ferred to the Committee on the Quadro-Centennial (Select). 

Mr. COCKRELL presented a petition of the Methodist Epis- 
copal Church of Union Chapel, Mo., praying for the closing of 
the World's Columbian Exposition on Sunday and that the sale 
of intoxicating liquors be prohibited thereat; which was re- 
ferred to the Committee on the Quadro-Centennial (Select). 

Mr. SHERMAN presented a petition of 22 citizens of Dela- 
ware County. Ohio, praying for the passage of the Washburn- 
Hatch antioption bills; which was referred to the Committje on 
the Judiciary. 

He also presented a petition of the American iledical Asso- 
ciation of Cincinnati, Ohio, praying for the passage of the joint 
resolution authorizing the President to extend an invitation to 
the various governments of the American continents to partici- 
pate in a Pan-American medical congress; which was ordered to 
lie on the table. 

He also presented memorials of sundry churches in Oliio, re- 
monstrating against the opening of the World's Columbian E.x- 
position on Sunday and the sale of intoxicating liquors thereat; 
which were referred to the Committee on the Quadro-Centen- 
nial (Select). 



He also presented a memorial of 15 citizens of Knox Co\mty, 
Ohio, remonstrating against the commitment of the United States 
Government to a union of religion and the state by the passage 
of any legislation closing the World's Columbian Exposition on 
Sunday: which was referred to the Committes on the Quadro- 
Centjnnial (Select). 

Mr. PADDOCK presented the petition of W. N. Van Orsdale 
and other citizens, of Livingsto;i County, N. Y., praying for the 
passage of the Washburn-Hatch antioption bills: which was re- 
ferred to the Committee on the Judiciary. 

He also presented a petition of the First Presbyterian Cliurch 
of St. Edwards, Nebr., and a petition of the United Presbyterian 
Church of Summerfie'.d, Kans., praying that the World's Colum- 
bian Exposition be closed on Sunday, and that the sale of intoxi- 
cating liquors be prohibited ther.-at; which were referred totho 
Committee on the Quadro-Centennial (Select). 

Mr. ALLISON presented petitions of iho Merrill and Ply- 
mouth Presbyterian chuiches of Iowa; of the Methodist Epis- 
copal Church of Elberon; of the Young People's Society of 
Fraer; of the Methodist Episcopal Churcli of Kirkville: of the 
Fii-st Presbyterian Church of Afton: of the Methodist Episcopal 
churches ol Solon, Early, and Wall Lake: of the Baptist Church 
of Livermore: of the First Methodist Episcopal Church of Mer- 
rill: of the Methodist Episcopal Church of Primghar: of the 
United Presbyterian Church of Elvira, and of the Presbyterian 
Church of Newton, all in the State of Iowa, praying for the clos- 
ing of the World's Columbian Exposition on Sunday, and that 
the sale of intoxicating liquors be prohibited thereat; which 
were referred to the Committee on the Quadro-Centennial (Se- 
lect). 

Mr. MANDERSON presented a petition of citizens of Pleasant 
Valley, Nebr., praying for the passage of the Washburn-Hatch 
antioption bills; which was referred to the Committee on the 
Judiciary. 

He also pi-esented a petition of sundry citizens of Friend, 
Nebr., praying for the adoption of an amendment to the Consti- 
tution of the United States prohibiting any legislation by the 
States respecting an establishment of religion or making an ap- 
propriation of money for any sectarian purpose; which was re- 
ferred to the Committee on the Judiciary. 

He also presented memorials of Edward Weston and 83 other 
members of the Seventh- Day AdventistChurch of LincolnCounty; 
of citizens of Franklin, and of 5 members of the Seventh-Day 
Adventist Church of Lutes, all in the State of Nebraska, remon- 
strating against the passage of any legislation closing the World's 
Columbian Exposition on Sunday; which were i-eferred to the 
Committee on the Quadro-Centsunial (Select). 

He also presented petitions of the Methodist Episcopal churches 
of Lincoln, Gaudy, Garfield, Omaha, and Shelton: of the Con- 
gregational churches of Fremont, Curtis, and Creighton; of the 
Pi-esbyterian churches of York, Shelton, and Majors; of the 
South Platte Conference of the Evangelical Lutheran Synod, and 
of sundry citizens of Minden, all in the State of Nebraska, pray- 
ing for the closing of the World's Columbian Exposition on Sun- 
day and that the sale of intoxicating liquors be prohibited thereat; 
wliich were referred to the Committee on the Quadro-Centennial 
(Select). 

He also presented the following petitions of Harmony and 
Pleasant Valley Granges, Patrons of Husbandry, of Nebraska: 

Petitions praying for the enactment of legislation for the en- 
couragement of silit culture — ordered to lie on the table. 

Petitions praying for the enactment of legislation to prevent 
gambling in farm products — referred to the Committee on the 
.Judiciary. 

Petitions praying for the passage of House bill 395, defining lard 
and imposing a tax thereon — ordered to lie on the table. 

Petitions praying for tho passage of a bill to prevent the adul- 
teration of food and drugs— ordered to lie on the table. 

Petitions praying for the free delivery of mails in rural dis- 
tricts—referred" to the Committee on Post-Offices and Post- Roads. 

Petitions praying for tho passageof a bill making certain issues 
of money full legal tender in payment of all debts — to the Com- 
mittee on Finance. 

REPORTS OF COMMITTEES. , 

Mr. DAWES, from the Committee on Indian Affairs, to whom 
was referred the bill (S. 2S7S) to enable the Ottawa Indians, the 
Indiana Miami Indians, and the Western Miami Indians to bring 
suit in the Court of Claims for settlement of claims against the 
United States, reported adversely tliereon, and the bill was 
postponed indefinitely. 

He also, from the same committee, to whom was referred the 
bill (S. 28(39) to jirovide for the r 'servation of certain timber 
lands upon the Siletz Indian Reservation for the benefit of tho 
Indians, reported it with an amendment. 

Mr. PETTIGREW. from the Committee on Indian AffairS; to 



4842 



CONGRESSIONAL IIECOIID— SENATE. 



May 31, 



■whom was referred the bill (S. 2657) granting right of way to the 
Watortovvn, Sioux City and Duluth Company, through ^tSJs- 
setoii and Wahjjeton Indian Reservation, reported it wS 
amendment, and submitted a report thereon. 

Mr. VILAS, from the Committee on Indian Affairs, to whom 
was roferri'd the bill (S. 443) granting to the Midland Paeific 
Railroad Company the right of way through the Crow Creek 
Indian R-as.rvation, in tlie State of South Dakota, I'eported it 
witli amendments, and submitted a report thereon. 

Mr. PADDOCK, from the Committee on Public Lands, to 
whom was referred the bill (S. 2931) to provide for the survey 
and transfer of that part of the Fort Randall military reserva- 
tion, in the State of Nebraska, to said State for school purposes, 
reported it with an amendment. 

Mr. VEST, from the Committee on Commei-co, to whom was 
referred the bill (S. 322.5) for the relief of the Kentucky and 
Indiana Bridge Company, reported it without amendment. 

Mr. MANDERSON, from the Committee on Military Affairs, 
to whom was referred the bill (S. 3113) to remove the charge of 
desortion standing agaiust .lohn W. Wacker, reported it with 
amendments, and submitted a report thereon. 

Ho also, from the same committee, to whom was referred the 
jili (S. 3015) providing for the retirement of wagon masters, sub- 

tt_'d an adverse report thereon; which was agreed to, and the 
bilr^^s^ postponed indefinitely. 

.WASHINGTON POST-OFFICE PLATFOKM. 

Mr. McMillan. I am directed by the Committee on the 
Disti'ict of Columbia, to whom was referred the joint resolution 
(S. R. 88) to authorize the postmaster of the city of Washington 
to construct and maintain a platform in the alley in scjuare 454, 
to report it without amendment, and to ask for its immediate 
consideration. 

By unanimous consent, the Senate, as in Committse of the 
Whole, proceeded to consider the joint resolution. 

The joint resolution was rejwrted to the Senate without amend- 
ment, ordered to be engrossed for a third reading, read the third 
time, and passed. 

BILLS INTRODUCED. 

Mr. FAULKNER introduced a bill (S. 3226) granting a pen- 
sion to Thomas Dean; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. COCKRELL introduced a bill (S. 3227) granting a pension 
to LeviC. Faught; which was read twice by its title. 

Mr. COCKRELL. In connection with the bill I desire to file 
the affidavits of Messrs. T. J. and J. .1. Gideon, a certificate of 
Dr. C. C. Clements, and a letter from the Pension Office. I 
move that the bill hi referred, with the accompanying papers, 
to the Committee on Pensions. 

The motion was agreed to. 

Mr. COCKRELL introduced a bill (S. 3228) granting a pension 
to Tyi^po S. Williams; which was read twice by its title. 

Mr. COCKRELL. In connection with the bi'll I desire to pre- 
sent the affidavits of Thomas Hale, a comrade, and of Drs. A. 
W. Parrish and J. A. Wilson, and the military record of this 
soldier, who is 87 yeai-sold; and I call especially the attention 
of the Committee on Pensions to the case. 

The PRESIDENT pro tempore. The bill, with the accompany- 
ing papers, will be referred to the Committee on Pensions. 

Mr. PETTIGREW introduced a bill (S. 3229) to authorize the 
assignment of Siou.x; half-breed scrip, and for other purposes; 
which was read twice by its title, and referred to the Committee 
on Public Lands. 

AMENDMENTS TO BILLS. 

Mr. KYLE submitted au amendment intended to be proposed 
by him to the sundry civil appropriation bill; which was referred 
to the Committee on Appropriations, and ordered to be printed. 

Mr. PADDOCK submitted an amendment intended to be pro- 
posed by him to the sundry civil appropriation bill; which was 
referred to the Committee on Public Buildings and Grounds, and 
ordered to be printed. 

RECIPROCITY WITH HAITI, COLOMBIA, AND VENEZUELA. 

Mr. TyRPIE submitted the following resolution, which was 
read: 

Sesolvcd, That the Secretary of State, If not incompatible with the public 
Interests, be requested to transmit to the Senate copies of the dispatches and 
correspondence between the Government of the United States and the gov- 
ernments of Haiti, Colombia, and Venezuela in relation to the reciprocity 
ottered to those coimtries prior to the date of the President's proclamations 
In the premises of 16th March last. 

Mr. TURPIE. I ask that the resolution lie on the table for 
the present, and I give notice that I shall ask the courtesy of the 
Senate on Thursday next, after the conclusion of the business of 
the morning hour, to submit some remarks very briefly upon the 
subjcct-matiter of the resolution. 



The PRESIDENT pro tempore. The resolution will lie on the 
table for the present. 

WIDTH OF SUBURBAN STREETS. 
NB*'McMILLAN submitted the following resolution: which 
was considered by unanimous consent, and agreed to: 

Whereas the act entitled "An act to regulate the subdivision of land within 
the District of Columbia," approved August L7, 1888, authorizes and directs 
the Commissioners of the District of Columbia to make and publish such 
general orders as may be necessary to regulate the platting and subdividinr 
of all lands and grounds in the District of Cohunbia; and 

Whereas the general orders made and published by the said CommLsslou- 
ers on December 6, 1888. provide that " streets not in alignment with the 
streets of Washington shall be not less than 90 feet in width," and also that 
no minor street in a sqtiare shall bo less than 60 feet in width; and 

Whereas a bill has passed both Houses of Congress providing that streets 
hereafter laid otit shall not be less than 90 feet iii width; and 

Whereasthe"mapofStelhvagen&Wolf (trustees')subdivisionof theSchuet- 
zen Park, near Washington, in the District of Columbia, surveyed April, 
1893," and bearing the approval of the District Commissioners, siiows Han- 
cock street, McClellan street, and Steuben street, each wltli a width of but 
60 feet; and 

Whereas the map of Stellwagen & Edmonston trustees' addition to Le 
Droit Park and Washington, D. C, approved by the Commissioners of the 
District of Columbia November H. 1891, shows Thomas street and Seaton 
street (both minor streets) with a width of but 50 feet; and 

Whereas the platting of such narrow streets is seemingly in direct viola- 
tion of the act of August 27, 18S8, and the general orders made thereunder, and 
further, is calculated to entail large expense hereafter when the streets shall 
be widened, to make them conform to the established width of streets of the 
District: Therefore, 

He it resotred. That the Commissioners of the District of Columbia be. and 
they hereby are, directed to report to the Senate forthwith, flrsi, by what 
authority and for what reasons they approved the above-mentioned plans; 
secondly, whether they have approved other plats not m.ade in conformity to 
the general orders of Deo3mber 0, 1S88; and, thirdly, what steps, if any, "can 
be taken, in cases of such approval, to caiLse the plats to be amended so as 
to conform to the general orders of the Commissioners. 

REPRINTING OP PENSION BILL AND REPORT. 

Mr. GALLINGER. I ask that an order be made for reprint- 
ing the bill (S. 041) to adjust pensions to those who have lost 
limbs or the ttse of them, and the report thereon, the usual issue 
having been exhausted and calls being quite frequent for copies. 

The PRESIDENT pro tempore. The Senator from New Hamp- 
shire asks the consent of the Senate that the bill and report to 
which he alludes be rejirinted for the use of the Senate. Is there 
objection? The Chair hears none, and it is so ordered. 

LENNES A. JACKSON. 

The PRESIDENT pro tempore. Is there further morning busi- 
ness? If not, the Calendar under Rule VIII being in order, the 
first bill on the Calendar will be stated. 

The bill (S. 2680) for the relief of Lennes A.Jackson was an- 
nounced as first in order, and the Senate, as in Committee of 
the Whole, proceeded to its consideration. It proposes to ap- 
propriate $270 to refund in full to Lennes A. Jackson the amount 
paid to James li. Stone, collector of customs, Detroit, Mich., 
which amount was stolen from the vaults of the Coldwater Na- 
tional Bank at Coldwater, Mich., March 2, 1892. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

MEXICAN GULP, PACIFIC AND PUGET SOUND RAILROAD. 

The bill (S. 2022) granting the right of way to the Mexican 
Gulf, Pacific and Puget Sound Railroad Company over and 
through the public lands of the United .States in the States of 
Florida, Alabama, Mississippi, and Tennessee, and granting tlic 
right of way to said railroad company over and through the 
United States naval and military reservations near Pensacola, 
in the State of Florida, was considered as in Committee of the 
Whole. 

The bill was reported from the Committee on Military Affairs 
with amendments. 

The first amendment was, in section 1, line 9, after the word 
" naval " to strike outthe words, " reservation be, and is hereby, 
granted to the Mexican Gulf, Pacific and Puget Sound Railroad 
Companj', a corporation organized under the laws of the States 
of Florida and Alabama," and insert • • and military reservations; " 
so as to read: 

That the Mexican Gulf, PaclQc and Puget Soimd Railroad Compan;.'. 
company organized tmder ttie laws of the States of Florida and AlabaiiKi, 
is hereby granted the right of way, 100 feet in width, through the lands be- 
longing to the United States in the States of Florida, Alabama, Mississippi, 
and Tennessee, and through the reservations lying near Pensacola. in the 
State of Florida, known as the naval and military reservations. 

The amendment agreed to. 

The next amendment was, in section 1, line 16, after the word 
"materials," to strike out '"along and on" and insert "within;" 
inlinel7, after the word "States," to strike out "as canorcould 
be used" and insert "except said naval and military reserva- 
tions, as maj- be necessary;" so as to read: 

The said The Mexican Gulf, Pacihe and Puget Soimd Railroad Company 
is hereby granted also the privilege and atithority to use the timber, gravel, 
stone, and all stich materials withm the said right of w,ay through lauds be- 
longing to the United States, except said naval and military reservatiou.s, as 



1892. 



CONGRESSIONAL RECORD— SENATE. 



4859 



t irv reform of 1871-73. It is only a question ot time whenGermany will sell 
hmtlialers, soasto make her monetary system as completely gold mono- 
metallic as England's, whicii she is Imitating. , , » .„„11„ o„ 

AVistria Hmigary, which has by law the silver standard, but, actually an 
lnc'l..omablo paper currency, is actively agitating the resumption of speclo 
payments on the gold standard. She can not resume on tue silver f an-lfrd 
loi- the reason that her silver coins are, even now, loss valuable than the 
Tiauer currency There are about 166,000,000 silver florms in the banK oi 
Ru^sn-lamm|.'rv, and according to public prints, the Intention is to sell 
00,000.000 (about $25,000,000) Of these in order to procure gold. „„,„.„„„ 

The Italian Government has some 44,000,000 lire (or francs) m Bombon 
plasters, about $.5,500,000, which are lookitig for a market f^^,,p,N_ 

Koumauia only a few months .since sold some ii^OOO 000 lei (or tr.aucs)- 
aboiit $5 000 000-of full legal-tender silver coins at a ridiculously low price- 
nboul«.'06anounce-and^has 23,000,000 or about $4,400,000 more, which it is 

'''u has b?e''.!''pi°Wi?ly stated that only recently agents of the Netherlands 
^^ I re ,?ytag to^dispos^e of its stock of silver through New' York bankers. 

\caiii the Belgian press has recently been urging the Government of tha,t 
co'untrv'to sell the Belgian francs, about $20,000,000, in the vaults of the Bank 
of France, which would have to be redeemed iu gold if the Latin Union \\cie 
t n'niiuated. 

I .shall show the Senate in a moment that the people of France 
and of England especially are deeply interested in the success of 
that neg-otiatiou. . . 

It has sometimes been said that as wo have maintained this 
largo mass of silver and $1,200,000,000 or $1,. 300,000,000 of paper 
money at par with coin, much ot it based upon silver, we coiild 
therefore maintain the whole mass of silver of the world in coin. 
It does not follow. E\-ery measure that has led to the success ot 
our financial system heretofore has been tentative, and it has 
been proven before it was adopted. If there is any doubt about 
any of them it is only in that law miscalled the Sherman law, 
wliich has yet to be tested by the judgment and experience ot 
more time than has yet transpired. 

I have hero a paper showing the assets and liabilities of the 
United States of America: 

Stiitcmenl of me assets and liabililies of the Treasury of the United States. 



t;old: 

Coin -. 
Bars . . 



... $193,126,562.98 
... 78, 227, 630. r" 



$271, 33-1, 103.84 



^""Dollars - 356,276,476.00 

Subsidiary coin if ^^i' ^Di' r I 

JJ^j.g ,1, 94(,U0-.&J 



442, 680, 783. 03 



Legal-tender notes (old issue) 2.^, , 22, 4o8. 84 

Legal-tender notes (act July 14, 1890) 13, 582, 346. 62 

Gold certificates 17,973,540,00 

Silver certificates ^''^S'S^-SS 

Currency certificates 3,730,000.00 

National-banknotes 5,187,350.83 



Bonds, Interest and coupons paid 4,002,036.69 

Minor coin and fraction.al currency 474,405.10 

Deposits in national-bank depositaries - 

General account 13,097,581.63 

Disbursing officers' balances 3, 739, 158. 89 



70, 175, 895. 38 



31,313,183.31 



Aggregate - 805,524,055.46 



LIABILITIES. 

Gold certificates 11?'!?=!; 



1.00 



Sllvfr certificates 330,700,002.00 

ClU'rency certificates 37,680,000.00 

Legal-tender notes of 1890 96,7-^8,000.00 

Five per cent fund for redemption of natlonal- 

banknotes 6,116,235.76 

Outstanding checks and drafts 3,938,433.07 

Disbursing officers' balances 33,346,081.96 

Agency accotmts, etc 3,865,391.90 

Gold reserve 100,000,000.00 

Net balance 27,727,181.77 



640,530,731.00 



37,266,143.1 



127,727,181.77 



805,524,055.46 



Aggregate 

TUEASUKY OF THE UNITED STATES, 

Washington, D. C, May 25, 1393. 

It shows a great variety of assets and a great variety of liabili- 
ties, and a surplus consisting of $127,727,1S1.77, all told. Of that 
$100,000,000 is in gold specially, set aside for a specific purpose. 
There is in addition to that $27,727,000 in the nature of surplus 
revenue. Does any man believe that upon that basis of $127,- 
000,000 we can maintain the pai'ity between silver and gold, tak- 
ing all the silver of the world in view? Does any man dream of 
such a thing':' If so, how idle is that dream. Better build upon 
the airy phantoms that lloat above us. Finance is the hard logic 
of facts. If you create a doubt, it you arouse a suspicion that we 
can not maintain our present system, j-ou may bring serious dis- 
BSt/cr upon us. 

This very threat of the free coinage of silver, in my judgment, 



is doing more now to disturb the business ot our country than 
anything else. It is caused by the very possibility that we shall 
undertake this more than herculean task. It is a task that only 
the Almighty God could execute. The idea of basing our finan- 
cial operations upon this basis of $127,000,000, $100,(X10,000 already 
pledged, is the wildest scheme of the imagination. The only 
ultimate outcome of it can be a single standard of silver based 
upon the market value of ;571i grains ot silver. I feel that in 
every fiber of my body, feeling as I do a deep interest in the 
maintenance of our financial system, and knowing, so far as a 
man can know about anything that is in the future, tHat it is 
utterly impossible to ma'intaiirour system upon such a basis. 

How can we meet if:* Shall we sell bonds for gold? The very 
effort of our doing so would probably impair our credit and de- 
prive us of all our hopes on account of our high position among 
the nations of the world. Shall wo sell the silver on hand? Wo 
have $400,000,000 in the Treasury. Our people will not readily 
take it as money. With all the efforts that have b^-en made by 
Congress there arc only fifty or sixty million dollars of silver in^ 
circulation. The balance is there in vaults, in cellars, as the se- 
curity for the payment of the various forms of paper money. 
Dare you sell that silver? I wanted to provide in the law of 18y0 
for the disposition of that silver in certain cases, but the con- 
ferees would not agree to it, and now to attempt to sell that silver 
in a falling market would only bo adding misery to ruin. I do 
not like to talk about these things, but it is my duty to state my 
own opinions. They may be all wrong. 

Mr. TELLER. I wish to askthe Senatoraquestion. Hesays 
we have $400,000,000 of silver. That statement would go out as 
if the Government owns $400,000,000 ot silver. Does the Sena- 
tor mean to make that statement? 

Mr. SHERMAN. It is in our Treasury, the property of the 
Government, and our Treasury notes are outstanding against it. 

Mr. TELLER. Will the Senator tell mc who owns that sil- 
ver, whether it is the Treasury ot the United States or the peo- 
ple of the United States who hold the certificates? 

Mr. SHERMAN. We hold in tlic Treasury of the United 
States $413,000,000 of coined silver. We hold ot subsidiary silver 
$77,000,000. So I was nearly $100,000,000 within the mark. I do 
not want to say anything about this. We have got this vast 
mass, and we can not sell it; we dare not sell it? 

Mr. TELLER. Will the Senator assert here that the Govern- 
ment has any right to sell the silver dollars; that if there was a 
law authorizing it the Government would sell the silver dollars, 
when it is a trustee and holds the money in trust? 

Mr. SHERMAN. There is no doubt the Government will 
hold that coined money for the payment of these notes outstand- 
ing, but it has bullion in its keeping that it dare not sell; and it 
ovves for it. That is affecting the money market. 

Mr. TELLER. Has it a right to sell a dollar? 

Mr. SHERMAN. It has a right to sell the bullion to pay the 
notes, but there is no law providing for its sale. 

Mr. TELLER. Then it has not any right to sell it. 

Mr. SHERMAN. Suppose, for instance, that these Treasury 
notes outstanding should come to the Treasury for payment, 
would you take the gold in the Treasury to pay them? 

Mr. JONES ot Nevada. The Governmentof the United States 
has no right to sell bullion. 

Mr. SHERMAN. The very moment you attempt to force the 
silver dollar into the hands of the pDople you would find at once 
the gap, the dangerous gap, between silver and gold. 

Mr. MORGAN. Will the Senator allow me? 

Mr. TELLER. Will the Senator 

The PRESIDING OFFICER. Does the Senator from Ohio 
yield? 

Mr. SHERMAN. 



up 



I guess not. I presume I had better wind 
If the Senator will allow me to ask him 



Mr. MORGAN. 

Mr. MORRILL. The Senator from Ohio has been speaking 
now for nearly two hours and a half. 

Mr. SHERMAN. I am not at all tired. I can go on it I do 
not tiro the Senate. 

Mr. PUGH. For three hours and a half? 

Mr. MORRILL. No; for two hours and a half. 

Mr. PUGH. Yes: two and a half? 

Mr. SHERMAN. I do not want to keep the rest here if Sen- 
ators desire to adjourn, but I do not ask an adjournment for my- 
self. 

Mr. MORRILL. I do not think there are many young men 
here now who want to speak longer than two hours and a half. 
It would be a strain upon a man as young as myself . [Laughter.] 
I therefore move, it the Senator will yield 

Mr. SHERMAN. If there is a desire for an adjournment, I 
will vield to the Senator from Vermont. 

Mr. MORGAN. I hope the Senator from Vermont will not 



4860 



CONGRESSIONAL RECORD— HOUSE. 



May 31, 



I therefore move that the hill be laid aside 

Let us just adjoiu-n; that is all. 
I move that the Senate adjourn. 
I suggest to the Senator to move an exeo- 

I will move an executive session at the re- 



-^' 



■^. 



press that motion until I have had an opportunity to ask the 
Senator from Ohio a question of fact. 

Mr. SHERMAN. There will bo plenty of time to-morrow. 

Mr. MORGAN. I desire to know it now, if the Senator will 
allow me; that is, has anyone 

The PRESIDING OFFICER. Does the Senator from Ohio 
yield to the Senator from Alabama? 

Mr. SHERMAN. I have yielded to the Senator from Ver- 
mont. 

Mr. MORRILL, 
until to-morrow 

Mr. SHERMAN. 

Mr. MORRILL. 

Mr. COGKRELL. 
utivo session. 

Mr. MORRILL, 
quest of the Senator from Missouri. 

Mr. McMillan. Mr. President 

The PRESIDING OFFICER. Will the Senator from Ver- 
mont withdraw the motion until the Senator from Michigan can 
present a conference report? 

Mr. MORRILL. Certainly. 

GLEN ECHO RAILROAD. 

r. McMillan submitted the following report: 
TbeTlP'^Blttee of conference on the disagreeing votes of the two Houses 
on the amendment of the Senate to the bill (H. R. S295) to authorize the 
Glen Echo Railroad Company to cross the Washington Aqueduct, having 
met, after full aud tree conference have agreed to recommend and do rec- 
ommend to their respective Houses as follows; 

That the Senate recede from its amendment to the House act, and agree 
to the same with amendments as follows: In line 6, after the word "cross- 
ing," insert the words "over the paved portion of the said Conduit road shall 
be made at right angles with the said road, and," also after the \vc)rds " in 
writing," in line 11, insert the sentence, "At no point on the line of said Glen 
Echo Railroad, except at the crossing aforesaid, or of any extension of said 
railroad, under whatever name, shall the inner rail be less than 60 feet from 
the middle of the paved portion of the Conduit road," and that the House 
agree to the same. 

JAMES MCMILLAN, 
J. H. GALLINCtER, 
A. P. GORMAN. 
Managers on the part of the Senate. 
JNO. T. HEARD. 
.FAMES D. RICHARDSON, 
P. S. POST, 
Managers on the part of the House of Representatives. 

The report was concurred in. 

Mr. MORRILL. I learn that there is no executive business 
pressing, and I thei-efore move that the Senate adjourn. 

The motion was agreed to; and (at 4 o'clock and 80 minutes p. m.) 
the Senate adjourned until to-morrow, Wednesday, June 1, 1892, 
at 12 o'clock meridian. 



HOUSE OF EEPEESENTATn^ES. 

TtTESDAY, May 31, 1892. 

The House met at 11 o'clock a.m. Prayer by the Chaplain, Rev. 
William H. Milburn, D. D. 

The .Journal of the proceedings of Saturday was read and ap- 
proved. 

EMPLOYTilS, DEPARTMENT OP JUSTICE. 

The SPEAKER laid before the House a letter from the At- 
torney-General, submitting for consideration, in connection with 
the estimates for approx)i'iations for the use of the Department 
of .lustice for the fiscal year 189;!, a list of employts in addition 
to those appointed by the President and confirmed tiy the Sen- 
ate; which was referred to the Committee on Appropriations, and 
ordered to be printed. 

ADDITIONAL SPACE FOR TREASURY EMPLOYES. 

The SPEAKER also laid before the House a letter from the 
Secretary of the Treasury, inviting attention to the urgent neces- 
sity for immediate action toward providing additional space for 
certain officials and employes of the Treasury Department; 
which was referred to the Committee on Appropriations, and 
ordered to be printed. 

PRACTICE OF MEDICINE IN THE DISTRICT OF COLUMBL'i. 

The SPEAKER also laid before the House an act (S. 2808) to 
regulate the practice of medicine in the District of Columbia; 
which was read twice, and referred to the Committeeon the Dis- 
trict of Columbia. 

LEAVE OP ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 
To Mr. Breckinridge of Kentucky, for six days. 



To Mr. Bailey, for ten days, on account of sickness. 

To Mr. OUTHWAITE, indefinitely, on account of attendance at 
West Point examination. 

To Mr. Hull, for ten days, to attend session of Board of Visitors 
at West Point. 

To Mr. Cr.\in of Texas, for fifteen days, on account of impor- 
tant business. 

ESTATE OP JOHN W. WHITFIELD. 

Mr. McMILLIN. Mr. Speaker, at the session on Saturday 
last the gentleman from Texas [Mr. Sayers], asked and obtained 
unanimous consent for the consideration of a Senate bill, but the 
matter was not disoosed of, and it would properly come up this 
morning. I ask unanimous consent that it go over until to- 
morrrow morning, preserving the same rights that it would have 
if called up to-day. 

Mr. BURROWS. What is the matter? 

The SPEAKER. The gentleman from Texas [Mr. Sayers] 
asked unanimous consent on Saturday for the consideration of a 
Senate bill and the consent was given, but no quorum appear- 
ing it went over until to-day, and the gentleman from Tennessee 
[Mr. McMillin] now asks unanimous consent that it go over un- 
til to-morrow morning. 

Mr. LANHAM, And I suggest, Mr. Speaker, that it go over 
retaining its present status. 

Mr. McMILLIN. I included that in my request. 

There was no objection, and it was so ordered. 

ORDER OF business. 

Mr. McMILLIN. Now, Mr. Speaker, in order to reach the ap- 
propriation bills as soon as possible, I ask for the regular order. 

The SPEAKER. The regular order is the call of committees 
for reports. 

INTRUDERS UPON THE FIVE CIVILIZED TRIBES. 

Mr. ENGLISH, from the Committee on Indian Affairs, re- 
ported, as a substitute for the bill (H. R. 67911) to punish intruders 
on either of the five civilized tribes, a bill (H. R. 90,'J.3) to punish 
trespassers on the lands of either of the five civilized tribes; 
which was read a first and second time, referred to the House 
Calendar, and, with the accompanying report, ordered to be 
printed. 

The original bill (H. R. 6799) was laid on the table. 

PENSIONS AND OTHER CLAIMS. 

Mr. SNOW, from the Committee on Pensions, reported back 
with a favorable recommendation a bill (H. R. 6881) to expedite 
the prosecution of pensions and other claims arising out of the 
military and naval service of the United States of America; 
wliich was referred to the House Calendar, and, with the accom- 
panying report, ordered to be printed. 

ORDER OF BUSINESS. 

The call of committees having been comnleted, 

Mr. HENDERSON of North Carolina. 'Mr. Speaker, I move 
that the House resolve itself into Committee of theWholeHou.se 
on the state of the Union for the further consideration of general 
appropriation bills. 

The motion was agreed to. 

The House accordingly resolved itself into Committee of tho 
Whole, Mr. Buchanan of Virginia in the Chair. 

POST-OFFICE APPROPRIATION BILL. 

The CHAIRMAN. The House is now in Committee of the 
Whole for the further consideration of the Post-Office appro- 
priation bill. 

M r. HENDERSON of North Carolina. Mr. Chairman, before 
the bill is read by paragraphs I ask unanimous consent for the 
correction of a typographical error in the bill. On page 4. lino 
24, the word " millions " should be " thousands," and I ask unan- 
imous consent that the correction be made. 

There was no objection, and it was so ordered. 

Mr. HENDERSON of North Carolina. Now, Mr. Chairman, 
I ask that the bill bo read by paragraphs. 

Tho Clerk read as follows: 

OFFICE OF THE FIRST -iSSlSTAST POSTMASTER-GENERAL. 

For compensation to postmasters, $15,250,000. 

Mr. LOUD. Mr. Chairman, I offer the amendment which 1 
send to the desk. 

The amendment was read, as follows: 

Amend page 1. lines 12 and 13, after "millions" strike out "two himdred 
and fifty thousand" and insert "three hundred and sixty-live thousand. ' 

Mr. LOUD. Mr. Chairman. I do not see that there is any dis- 
position on this side of the House to delay in any measure the 



1892. 



CONGRESSIONAL EECORD— SENATE. 



4887 



Res. 121) relating to the Memorial Association of the District of 
CJolumbia, to report it favorably, without amendment. I ask for 
the cansidei-ation of the joint resolution now. if there bo no ob- 
jection. 

Mr. COCIvRELL. Lot it be read for information. 

The Chief Clerk read the joint resolution. 

Mr. PEl^KINS. I will state that this is an honorary organi- 
zation, that these gentlemen serve without pay, and that it in- 
volves no expense to the District government or the United 
States Government. 

Mr. BLACKBURN. What is the purpose of it? 

Mr. PERIflNS. It is a memorial association, as recited in 
tho joint resnlution. 

Mr. Mcpherson, what are the purposes of the organiza- 
tion':" 

Mr. PEiilCINS. As I understand from their charter, and ac- 
cording to the information given to our committee, it is a me- 
morial association organized here and chartered. These gentle- 
men serve without pay, either from the Government of tho United 
States or the District government. They have been already in- 
cor, orated but want the authority granted by an act to the Pres- 
ident of the United States as well as to the President of the Sen- 
ate and the Speaker of the House to designate the gentlemen 
who arc to serve in tho future. 

Mr. GRAY. It is a memorial of what, may I ask the Senator 
from Kansas? 

Mr. PERKINS. It is a memorial association growing out of 
the late war, I understand. 

The PRESIDENT pro tempore. Is there objection to the pres- 
ent consideration of the joint resolution? 

Mr. PERKINS. It is a joint resolution from the other House. 
It has already passed that body, and the Committee on tho Dis- 
trict of Columbia dir._ctod me to report it favorably here. 

There being no objection, the Senat:", as in Committee of tho 
Whole, proceeded to consider the joint resolution. 

Mr. ALLISON. Let it be read at length. 

The PRESIDENT pro tempore. Tho joint resolution will be 
again read. 

The Chief Clei-k road the joint resolution. 

Mr. PERKIN.S. I am advised that there are some errors in 
the spelling of the names, and I ask that the matter may be de- 
ferred until I can get the correct data. 

The PRESIDENT pro tempore. The errors having been no- 
ticed at the desk, the original joint resolution as it came from 
the other House has been sent for, and when it is received the 
the Chair will call the attention of the Senator from Kansas to 
the measure. 

Mr. PERKINS. That may give the correct names. 

Mr. PERKINS subsequently said: Mr. President, I ask unan- 
imous consent that the Senate resume the consideration of the 
joint resolution (H. Res. 121) relating to the Memorial Associa- 
tion of the District of Columbia, which was temporarily laid 
aside during the morning hour. 

There being no objection, the Senat-e, as in Committee of the 
Whole, resumed the consideration of the joint resolution. 

Mr. PERKINS. Mr. President, I am satisfied upon an exam- 
ination of tho original bill that the mistakes which were found 
in the printed copy exist also in the original bill. For that rea- 
son I move to amend the bill in line 7 by changing the name 
"Hauffman" to "Kauffmann," in line 8 by changing the name 
"Gardener G. Hubbard" to ''Gardiner G. Hubbard," and in line 
10 by changing the name "Tennis S.Hamlin" to "Tennis S. 
Hamlin." 

The PRESIDENT x>ro tempore. The amendments will be 
agreed to in the absence of objection. The Chair hears no ob- 
jection. 

The joint resolution was reported to the Senate as amended, 
and tho amendments were concurred in. 

Tho amendments wore ordered to be engrossed, and the joint 
I'esolution to be read a third time. 

Tlie joint resolution was read the third time, and passed. 

FAILED NATIOXAL BANKS. 

Mr. MORRILL, from the Committer on Finance, to whom was 
referred the resolution submitted by Mr. Chandler on the 9th 
of May, 1892, providing for the appointment of a committee to 
investigate the failui-eof tho Maverick National Bank of Boston, 
Mass., reported it with au amendment, to strike outall after the 
word "resolved " and insert; 

That a committee of Ave Senators be appointed to inquire whether the ex- 
isting provisions of the laws relative to national banks and the cnstomary 
proceedings under said laws in cases of failures of such banks fiu-nish sufti- 
clent protection to tho depositors and other creditors and t o t he stockholders 
of such tailed banks: said committee to report by bill or otherwise, and to 
have power in pursuing its inquiry to investigate any recent failures of such 
banks and any violations of law and Inequalities happening in connection 
therewith; and said committee, or a majority thereof, to have authorltv to 
administer oaths to witnesses and take testimony in Washington or e"lse- 



where, according to its discretion, during the present session or the recess 
of Congress; to send for ])ersons and i)apers, and to employ a stenographer 
and an expert; the expenses of tho investigation to be i)ald from the cou- 
tiugeut fund of the Senate. 

Mr. CHANDLER. I ask that the resolution just reported by 
tho Senator from Vermont be referred to the Committee to Audit 
and Control the Contingent Expenses of tho Senate. 

Tho PRESIDENT pro tempore. That order will bj made it 
there be no objection. Tho Chair hears none. 

BILLS INTRODUCED. 

Mr. DAWES (by request) introduced a bill (S. 3230) for tha 
relief of James Grace: whiola was read twica by its title, and re- 
ferred to the Committeo on Claims. 

Mr. BLACKBURN introduced a bill (S. 3231) for the relief of 
Mrs. E. S. GoUaday and J. W. Bowling; which was read twice 
by its title, and referred to the Committee on Claims. 

Mr. FAULICNER introduced a bill (S. 3232) for the relief of 
Mrs. Mary Scott, of Richmond, Henrico County, Va.; which was 
read twice by its title, and referred to the Committee on Claims. 

Mr. MITCHELL introduced a bill (S. 3233) for the relief 
Charles M. Blake; which was read twice by its title, and referred 
to the Committee on Military Affairs. 

Mr. DAVIS (by request) introduced a bill (S. 32.34) extending 
the benefits of the act of June 27, 1890, to certain persons; which 
was read twice by its title, and referred to the Committee on 
Pensions. 

Mr. PADDOCK introduced a bill (S. 3235) to provide for tho 
establishment, protection, and administration of public forest 
reservations, and for other purposes; which was read twice by its 
title, and referred to the Committeo on Agriculture and Forestry. 

JOHN BAPTISTE ASHE. 

Mr. HARRIS. I have ju.st ascertained that on the 27th of 
May the bill (S. 980) for the relief of the legal representatives 
of John Baptiste Ashe was adversely reported and indefinitely 
postponed. I ask unanimous consent that the vote by which it 
was indefinitely postponed and the report agreed to be recon- 
sidered, and thatthebiU be placed, with the adverse rejjort, upon 
the Calendar. 

The PRESIDENT 2)ro tempore. It will bj so ordered it there 
be no objection. The Chair hoars none, and the bill, with the 
adverse report, will be placed on tho Calendar. 

HEARINGS BEFORE COMMITTEE ON INDIAN AFFAIRS. 

Mr. JONES of Arkansas submitted the following resolution; 
which was referred to tho Committee to Audit and Control tho 
Contingent Expenses of the Senate: 

Hesolved, That the Committee on Indian Affairs be authorized to employ a 
stenographer to report the hearings before said committee or a subcommit- 
tee thereof in regard to the Stockhridge and Munsee Indians, and that the 
compensation of said stenographer be paid out of the contingent fund of the 
Senate. 

WITHDRAWAL OF PAPERS. 

On motion of Mr. GALLINGER, it was 

Ordered, That the pai>ers in the claim of Jearum Atkins b3 withdrawn tron 
the files, subject to the rules of the Senate. 




FLOWER-MARKET BUILDING IN WASHINGT^ 

The PRESIDENTpv-otoJiporc. Is there further m(M-ning busi- 
ness ? If there is no further morning business, the Cafendar 
under Rule VIII is in order, and , the first bill on the Calendar 
will bo annoimccd. 

Mr. WOLCOTT. I ask unanimous consent, as I am going 
away, that the Senate take up for consideration Senate bill 24.57°, 
which was passed over the other day at the suggestion of the 
Senator from Ohio [Mr. Sherman]. It is the bill permitting 
the construction of a flower market in the city of AYashington. 
I beg leave to say that we all misled the Senate, most unwit- 
tingly, the other day when the bill was up. 

The space to be occupied is not the space upon the north side 
of the Avenue, nor is it the long parallelogram in front of the 
market, nor is it tho triangular piece of ground where the statue 
of Gen. Rawlins stands, but farther still to tho west, in front of 
what the Senate may know by name as tho Bijou Theater, there 
is a small irregular tract cf ground with an abandoned or never- 
used fountain, tho ground being much deserted and neglectcti. 
It is a small, irregular piece of ground, larger to the west, taper- 
ing as it comes to the east, and this building, a picture of which 
I exhibited to the Senate the other day, is designed to exactly 
fill that space. This construction cuts off from view only Har- 
ris's Bijou Theater. I take it that anybody who desires to find 
that institution will still be able to find it in spite of the erection 
of the flower market. It will greatly beautify the space there, 
and by the selection of this site every objection which was oven 
suggested the other day is removed.' I ask unanimous consent 
that the bill may bo jiut upon its passage. 

Mr. COCKRELL. What is the Order of Business on the Cal- 
endar? 



4888 



CONGRESSIONAL RECORD— SENATE. 



June 1, 



Tho PRESIDENT pro tempore. No. 535. The bill having 
teen passed over without prejudice, it is entitled to considera- 
tion, if there be no objection. 

Mr. WOLCOTT. Tho Senator from Missouri will remember 
that it is the bill which was considered the other day. 

Mr. COCKRELL. I remember. I only wanted to get the 
Order of Business. 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (S. 2457) to provide tor tho erection of a 
building for a flower mai-ket in the city of Washington, in tlie 
District of Columbia. 

The PRESIDENT pro tempore. The bill has been read at 
length as in Committee of the Whole. If there ba no amend- 
ment to the bill it will bo reported to the Senate. 

The bill was reported to the Senate without amendment. 

Mr. VEST. Mr. President, it is with the very greatest re- 
luctance that I ever antagonize the views of my friend from Colo- 
rado, but after this matter was under discussion the other day 
I took occasion to loak at the proposed site of this building, and 
I am constrained to state my opinion that the building ought not 
to be erected at that point, however much architectural beauty 
there may be about it. I saw the plan of the proposed building 
as exhibited in the Senatetheotherday,but it will still, itsuems 
to me, beyond question, injure that street greatly and it must be 
considered t(5 be out of place. 

I shall make uo opposition in regard to the purpose of the 
building. I appr.3ciate fully the object which the Senator has 
in view, and I shall say nothing in that regard; but as a member 
of the Committee on Public Buildings and Grounds, in the absence 
of the chairman of that committee, I consider it my duty to 
make this statement to the Senate. 

Mr. WOLCOTT. May I interrupt the Senator from Missouri 
for a moment in order to ask him if he understood the statement 
I made as to where the building is to be located? It is not north 
of tho avenue. It is on the other side of Ninth street. It is on 
the other side of tho triangle where the Rawlins statue is. It 
is a little piece of ground directly in front of tho Bijou Theater, 
the other side of it being occupied by a little narrow street run- 
ning in front of that building. 

INlr. VEST. E.xactly. I examined the site in company with a 
friend, another Senator, who called my attention to it. I am 
satisfied that the Senate upon examination would come to the 
conclusion that it would not be right to put this building there. 
In the first jilace, although I can hardly di-;cuss the question un- 
less Senators could understand the location, it is too prominent 
a locality. It is right upon Pennsylvania avenue, in the business 
portion of the city. It seems to me that a building devoted to 
this purpose ought to be in some place less conspicuous and less 
connected with the mercantile pursuits of the city. 

But as I said, I can hardly make an argument about it unless 
Senators could see the site, when I am satisfied they would agree 
with me. I say this with very great reluctance because I appre- 
ciate fully the object my friend from Colorado has in view and I 
sympathize with him to a largo extent, but I do not think this 
building ought to be put at that place. 

Mr. WOLCOTT. I understand the Senator does not object 
to the present consideration of the bill. 

Mr. VEST. I do not. 

Mr. WOLCOTT. I desire to say only one word. The building 
is proposed to be put in this location for two reasons. First, 
because the building itself is to be an object of beauty. It will 
be a great attraction to visitors to W^ashington, and it will be a 
source of gi-oat delight to those of us who stay here. The other 
reason why it is proposed to be put there is in order that those 
going to market may buy their flowers in a place near by the 
market, although they will not be comjiellcd to find the flower 
stalls in among the butcher shops and tho green-grocer stalls. 
For those reasons it seemed to us that the building would be in 
the best possible situation. 

I desire to say further that this tract of ground is neglected, 
deserted. The fountain is not used; it is all in decay; and I be- 
lieve sincerely that the erection of this building will add very 
much to the attractiveness of that tract of grounil. 

Mr. VEST. I will simply say, without going into any elabo- 
rate discussion of places where the public buildings should be 
located in the District of Columbia, that these little squares, tri- 
angular or otherwise, in the city of Washington are to me among 
its most attractive features. It has been said by some one, I do 
not remember his name, that they are the breathing places of an 
urban population. Take away the parks, especially the smaller 
parks, in the city of W^ashington, and you will take away its 
greatest beauty. 

It is true that this little reservation or triangular piece of 
ground is not in the highest state of pi-eservation — and I am 
sorry to say that that is the case with a large number of the 
smaller parks in the city of Washington — but the erection of a 



building there would destroy it as a park. If put up in tho style 
and upon the plan which was exhibited here by the Senator from 
Colorado, although I of course am disposed to think the gaudy 
coloring added a good deal to the appearance of it as seen on 
paper, still if the building, no matter how beautiful architectur- 
ally, is put there it must be in a great contrast to the surround- 
ing business houses, and above all it would destroy the open 
space there which adds to the beauty of Pennsylvania avenue, 
making it the most beautiful street possibly in the world. 

If I were disposed to go into this matter in extenso I would say 
that my idea has been, in my service upon the Committee on Pub- 
lic Buildings and Grounds, for years that the public buildings 
ought to be put upon the other side of the avenue. While s ;rv- 
ing on the subcommittee that located the city post-office I acted 
upon that idea, and I have never regretted it. I am satisfied 
every time I pass along the pressnt site that the committee and 
Congress were right in making that location. For us now to put 
this building by itself , isolated from other public buildings, upon 
one of these small reservations on the other side of the avenue, 
in the business part of the city, would seem tj me entirely inap- 
propi'iate. It would seem to me that if we wanted to put up a 
building for flowers, it should be put in some more retir d place, 
if I may use the expression, and not in the busy mart and hum of 
commerce, even if it is upon the way to market. 

I am constrained to say this with great reluctance, because, to 
be perfectly frank about it. my great and kindly feeling for the 
Senator from Colorado constrains me to a large extent, and then 
I know that behind it, greatlj' to his credit, are some of the most 
refined and attractive ladies in the city of Washington, and I 
always antagonize their wishes with great reluctance. 

Mr. VOORHEES. Will the Senator from Colorado explain 
to me the relation of this ground to the park where the statue 
of Gen. Rawlings stands'? 

Mr. WOLCOTT. With pleasure. The ground is directly 
back of the statue. The statue of Gen. Rawlins occupies a tri- 
angle, with the front of the triangle towards us as we are here. 
The base of the triangle is Ninth street. The other side of 
Ninth street appears as if it were cut through what was origi- 
nally a larger triangle. The Rawlins statue is this side of Ninth 
street. There is a parallelogram thei-e larger at the west than 
at the east, extending on the whole, we will say, 150 or 12o feet 
on a little street which has no name, in front of the Bijou Theater. 
It is perhaps a hundred feet or less on Ninth street, a small pi -ce 
of ground in which there is an ugly little fountain erected, which, 
I understand, is piped, but has never been used. 

Mr. COCKRELL. It has been there for many years. 

]\Ir. WOLCOTT. Under this bill, I will say to the Senator 
from Indiana, the grass plot north of the avenue will still stand, 
and the triangle where the Rawlins statue stands will continue 
to be a green spot. It still leaves the long tract of ground in 
front of the market covered with green and trees. 

Mr. VOORHEES. Another question. Will the Senator please 
state the size and dimensions of the proposed building? 

Mr. WOLCOTT. I have the plans. 

Mr. VOORHEES. I mean just in a general way. 

Mr. WOLCOTT. My impression is that it is to be about 100 
by 50 feet. 

Mr. VOORHEES. A large building. 

Mr. WOLCOTT. I would say to the Senator from Indiana 
that it is a low building, and, not only that, but it is an open 
building, and has an open court surrounded by Moorish archi- 
tecture, through which the exhibition of flowers can be seju 
from the street, so that it is really a green spot beautified, with 
the addition of a very handsome clock tower. 

Mr. VOORHEES. This is not a matter in which I propose to 
antagonize tho Senator from Colorado [Mr. Wolcott], but I do 
thoroughly sympathize with the views expressed by the Senator 
from Missouri [Mr. Vest]. 

The locality has an objection which has been perhaps fori- 
shadowed by the Senator from Missouri, though not e.xpres^l\- 
stated. A palace of flowers, a place of flowers, ought to be in a 
bright locality. This is not a bright locality; it has not brigh; 
surroundings. The property intei-ests, the property belongings, 
and the very atmosphere there are of a class that do not assimi- 
late in my mind with a flowergarden,aplace of flowers. Itisnear 
the shambles, as one of the gifted Senators in my rear suggests, it is 
near where they butcher lambs and calves, haul pork to market, 
and sell cabbages, and sometimes decayed vegetation salutes tho 
atmosphere there with anything but an agreeable odor. Taken 
altogether, the surroundings are not resthetic. The Senator f rum 
Missouri would have said these things, because he is more le^- 
thctic than I am, but for his forbearance toward the Senator from 
Colorado, in which I fully share. I fully share the expressions of 
the Senator from Missouri of kindness, of friendship, and of ad- 
miration of the Senator from Colorado, who, perhaps, is a better 
judge of ffsthetic surroundings than we are: but to my mind a 



1892. 



CONGRESSIONAL RECORD— SENATE. 



4889 



market place, where sausages are hung up and the quarters ot 
beeves and hogs are hauled in, is not the place where I would 
establish a flower garden. 

In fact, Mr. President, it always seemed to me the sun did not 
shine quite as brightly down there as it did elsewhere. It 
seemed to mo that there was a sort of eclipse of beauty and of 
brightness of the town where life is taken, even where it is taken 
to support the lives of the rest of us. 

I would place this flower garden, or palace of flowers, or what- 
ever you may choose to call it, up higher, at some place back on 
the lifts and heights of this beautSul city. I would place it 
where it would have splendid social surroundings, instead of 
these dismal accompaniments I have spoken of. At the same 
time, having said these things, I will not seriously antagonize 
the Senator from Colorado, if it bo in the mind of the Senate to 
place this building where the Senator has indicated. I felt, 
while the Senator from Missouri was talking, a little stronger 
in the line of the remarks than he was going himself. It is about 
the last place where I would fix a work of this kind. 

Mr. WOLCOTT. Just a word, and then I trust the measure 
may be voted upon. 

The trouble with the present locality of the flower market is 
this: Wo have more flowers in Washington than in almost any 
other city in the United States, and we have them for more 
months in the year. They are now offered for sale among the 
sausages and cabbages and other articles exposed for sale in the 
market, and the persons holding stalls in the market at first 
very much antagonized this measure, because they said hun- 
dreds of people came to Center Market to get flowers, and that 
this brought them business. 

We therefore endeavored to get the flower market in such a 
place that it should not injure their business, and the very pur- 
pose the Senator from Indiana seeks to accomi:)lish is to be ac- 
complished by this measure. We are going to improve and 
beautify what has been an unpleasant part of Washington. We 
are going to make it brighter and more beautiful. The building 
suggested is almost entirely open. It will be an object of beauty, 
and the flowers may be seen to far greater advantage than the 
green which is now in the triangular space can bo seen, and the 
general etTect will be to improve the property on the south side 
of the avenue. 

Mr. FAULKNER. I did not know that the bill had been 
taken up. I do not propose to make any remarks upon it. I 
thought it was a question of consideration which was before the 
Senate. I simply desire to state that I opposed this bill in the 
Committee on the District of Columbia, and I shall content my- 
self with simply voting against it in the Senate. 

I do not think that the revenues of the District or of the 
United States are in a condition at this time to appropriate one- 
half of this fund from the revenues of the General Government 
and one-half from the revenues of the District for the purpose of 
building up a flower market. I also object to the location of the 
Imilding as provided for in this bill. 

Mr. COCKRELL. Mr. President, I am opposed to this bill 
for two reasons, and desire simply to enter on record the fact 
that I shall vote against it, without myself calling for the yeas 
and nays. 

In the first place, I do not like the location proposed, and, in 
the next place, it is not a matter of necessity, it is not a work of 
necessity, and the condition of the Treasury does not justify an 
expenditure of this kind. 

The bill was ordered to be engrossed for a third reading, and 
was read the third time. 

Mr. COKE. I call for the yeas and nays on the passage of the 
bill. 

The yeas and nays were ordered. 

Mr. HAWLEY. 1 will say that when the bill was up the 
other day both the Senator from Colorado and myself mistook 
the location. I adhere to the belief I expressed on that occasion, 
that we never ought to put one of these buildings upon any of 
the open spaces reserved for parks, circles, or squares. It there 
is to be a trespass upon that general regulation anywhere, this 
is the least objectionable I know of. I doubt whether all the 
Senators now understand where the location is, unless they have 
been to the ground to look at it. I do not think it would mar 
the street. I do not think there is anything in the objection 
which has been made that it is near the business quarter of the 
city. It will come in very harmoniously with the general loca- 
tion in connection with the market if a proper sort of building 
is put up. 

I will put upon file my objection to the architecture of the 
building in one respect. One of the prime rules of architecture 
is first secure your use and then house it, adding something of 
ornamentation according to your means. The proposed clock 
tower running up to a considerable height, with no opening in 
the dead walls of it, is of no mortal use. It is not as high as 



many of the bui];lings around there, it will not ba a conspicuous 
or a useful thing as a clock tower, and in my judgment it will 
mar the general effect of the otherwise very agreeable Moorish 
plan ot the building. There is a shut-up and a high dead wall, 
p n-haps 50 feet, with a clock tower of no use in the world, and 
to cost probably 25 per cent of the cost of the building: but that 
is a matter, I suppose, within tlio discretion of the Commission- 
ers of the District of Columbia. 

The PRESIDENT pro tcmpoi-c. The question is on the pas- 
sage of the bill, on which the yeas and nays have been ordered. 

The Secretary proceeded to call the roll. 

Mr. DAVIS (when his name was culled). I am paired with the 
Senator from Indiana |Mr. Tukpie]. 

Mr. FAULKNER (when his name was called). I am paired 
with the junior Senator from Pennsylvania [Mr. Quay]. If ho 
were present I should vote "nay."' 

Mr. GEORGE (when his nam ■ was called). I am paired with 
the Senator from Oregon [Mr. D :)LPn]. 

Air. PUGH (when his name wa-i called). The Senator from 
Massachusetts [Mr. HoAR] is paired with the Senator from Flor- 
ida [Mr. CallJ. I announce my pair with the Senator from Ver- 
mont [Mr. Proctor]. 

Mr. STOCKBRIDGE(when hisnarao wascalled). lam paired 
generally with the Senator from Maryland [Mr. GinsONJ, but I 
understand he favors this proposition, and therefore I vote "yea." 

The roll call having been concluded, the result was announced — 
yeas ',i?>, nays 11!: as follows: 

YEAS-33. 



Allen, 


Dubois, 


Jones, Ark, 


Power, 


Allison, 


Felton, 


McPherson, 


Sanders, 


Blackburn, 


GalliUKer, 


Mauderson, 


Sawyer. 


niodgett, 


Gorman, 


Mitchell, 


Stewart, 


Brice, 


Gray, 


Morj^au, 


Stockbridge 


Chandler, 


Harris, 


Munill, 


Teller, 


Cullom, 


Higgins, 


Paddock, 


Vilas, 


Dawes, 


Hill, 


Perluns, 


Wolcott. 


Dixon, 


Hiscock, 


Petiigrew, 
NAYS— 13. 




Bate, 


Coke, 


Kyle, 


Vest, 


Berry, 


Colquitt, 


Mills, 


Voorhees, 


Cockrell, 


Irby, 


Palmer, 


Walthall. 




NOT VOTING-41, 




AWrlcli, 


Frye, 


Kenna, 


.Squire, 


Butler, 


George, 


McMillan, 


Stanford, 


C.iU. 


Gibson, La. 


Pasco, 


Turpie, 


Cameron, 


Gibson. Md. 


PelTer, 


Vance, 


Carey, 


Gordon, 


Piatt. 


Warren, 


Carlisle, 


Hale, 


Proctor, 


Washburn, 


Casey, 


Hansbrough. 


Pugh, 


White, 


Daniel, 


Hawley, 


Quay, 


Wilson. 


DavLs, 


Hoar, 


Ransom, 




DolDh. 


Hun ton. 


Sherman, 




Faulkner, 


Jones, Nev. 


Shoup, 




So the bill 


was passed. 







FOUR HUNDREDTH ANNIVERSARY OF THE DISCOVERY OP 

AMERICA. 

Mr. PETTIGREW. I ask unanimous consent that Senate joint 
resolution S.3 may be considered at tliis time. 

The PRESIDENT pro tempore. The joint resolution referred 
to by the Senator from South Dakota Avill be stated by title. 

The Chief Clerk. A joint resolution (S. R. 83) authorizing 
and directing the President to proclaim a general holiday, com- 
memorating the four hundredth anniversary of the discovery of 
America, on the 12th day of October, 1892. 

The PRESIDENT pro tempore. Is there objection to the pres- 
ent consideration of the joint resolution? 

Mr. COCKRELL. Let it be read at length for information. 

The PRESIDENT pro tempore. The joint resolution will ba 
read at length. 

The Chief Clerk read the joint resolution. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the joint resolution. 

The joint resolution was reported from the Select Committee 
on the Quadro-Centennial with amendments, in line 5, before the 
word " four,'' to strike out " this '' and insert '' the; " and in line 
8, after the word '■ assembly," to strike out '" which may impress 
them anew with the intellectual, moral, and social developments 
made possible by the act of Columbus; " so as to make the joint 
resolution I'oad: 

Rfsolved, etc.. That the President of the United States be authorized and 
directed to issue a proclamatic>n recommend iutx to the people theobservance 
in all their localities of the foiu' hundredth anniversary of the discovery of 
America by public demonstrations and by suitable exercises in their schools 
and other places of assembly. 

The amendments were agreed to. 

The joint resolution was reported to the Senate as amended, 
and the amendments were concurred in. 

The joint resolution was ordered to be engrossed for a third 
reading, read the third time, and passed. 



4890 



CONGRESSIONAL RECOE.D— SENATE. 



June 1, 



The }3rearablo was rejected. 

The PRESIDENT pro tempore. The first bill on the Calendar 
will be reported. 

MARKING BATTLE LINES AT GETTYSBURG. 

The bill (S. 2914) for marking the lines of battle and positions 
of troops of the Army of Northern Virginia at Gettysburg, Pa., 
and for other purposss, was considered as in Committee of the 
Whole. 

The bill was reported to the Senate without amendment, or- 
dered to bs engrossed for a third reading-, road the third time, 
and passed. 

CAPITOL, NORTH O STREET AND SOUTH WASHINGTON R.AIL- 
WAY COMPANY. 

The bill (S. 2S.'>2) to change the name of the Capitol, North O 
Street and South "Washington Railway Company, and for other 
pur;^oses, was considered as in Committee of the Whole. 

Til : bill was reported from the Committee on the District of 
Columbia with an amendment to strike out sections 2, 3, and 4, 
as follows: 

SKf. ;;. Thai the said railway company is lieretjy autliorized to extend its 
lino, by layin.; a single track, and ruunins! its cars thereon, on the following 
.streets in 'the city of Washington, namely: West along P street from Elev- 
enth street to Iowa Circle, thence northerly around said circle to Thirteenth 
street, thence northerly along Thirteenth street to Q street, thence west 
alons Q street to Nineteenth street, thence south along Nineteenth street to 
Dupont Circle, thence southeasterly arotmd said circle to P street, and thence 
east along said P street to intersect, with the necessary curves, its present 
line on Eleventh street. 

Sec. 3. That unless said extension shall be completed within two years 
after the passage and approval of this act all rights granted hereunder shall 
cease and be void. That said company is hereby authorized to operate Its 
cars on said extension by horse, cable, electric, or other power: Provided, 
That the tracks of said extension shall be laid under the direction of the 
Conunissioners of the District of Columbia, with the latest pattern of 
grooved rails: And jiroinded further. That nothing herein contained shall 
authorize the use of overhead wires. 

Sec. 4. That to enable said railway company to construct and eqiulp the 
extension of its road, as herein provided for, it is hereby atithorized to in- 
crease its capital stock not to exceed $100,000. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The bill was orJered to be engrossed for a third reading, read 
the third time, and passed. 

The title was amended so as to read: "A bill to change the 
name of the Capitol, North O Street and South Washington 
Railway Company." 

OF LANDS IN CHICKASAW CESSION, MISSISSIPPI. 

The bill (S. 2885) to authorize the Legislature of the State of 
Mississipi)i to sell or lease the lands heretofore appropriated for 
the use of schools within the Chickasaw cession, and to ratify 
and approve the sales already made, was considered as in Com- 
mittee of the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, and read the third 
time. 

Mr. PERKINS. I should like to ask the Senator from Missis- 
si)>pi to whom these lands belong now? 

Mr. WALTHALL. I will make this explanation of the bill, 
Mr. President. In 1852 Congress passed a law authorizing the 
State of Mississippi to sell certain lands previously donated to 
that State for school purposes, and to apply the Interest on the 
proceeds of the sales to the support of common schools in the 
district of country where the land is situated. There was apro- 
vision in that law requiring that the consent of the inhabitants 
in the townships and districts where the land lies should first be 
had. The sales were made for full value, and the interest on 
the proceeds of the sales has been faithfully applied, but no 
record can be found of the consent of the inhabitants, which 
makes a technical defect in the papor title of the purchasers. 
The Legislature of Mississippi at its last session, in order to 
have this technical defect cured, memorialized Congress to pass 
an act in the form of this bill. 

The bill has been referred to the Commissioner of Public 
Lands and has met his approval. It has also received the ap- 
proval of the Secretary of the Interior, and it has received the 
unanimous approval of the Committee on Public Lands. 

The lands belong now, I will say in answer to the question of 
the Senator from Kansas [Mr. Perkins], to the purchasers at 
the sales referred to. 

Mr. PERKINS. So that the effect, if the Senator will permit 
the inquiry, is to ratify or confirm titles already existing. 

Mr. WALTHALL. That is the whole purpose of the bill- 
simply to remove a technical defect in the titles. 

Mr. DAWES. The Indians, as I understand the Senator, have 
no title to this land acquired by the United States from the In- 
dians? 

Mr. WALTHALL. None in the world. I will ask, in con- 



nection with the bill, that the report of the Committee on Pub- 
lic Lands may bo printed in the Record, and also a communi- 
cation from the Secretary of the Interior, which has been re- 
ceived since the reoort was prepared. 

The PRE.SIDENT pro tempore. The Senator from Mississippi 
asks that the report accompanying the bill and the communica- 
tion to which he refers inay be printed in the Record. Is there 
objection? The Chair hears none. 

The papers referred to are as follows: 

Mr. Walthall, from the Committee on Public Lands, submitted the fol- 
lowing report (to accomp.any S. ^885) ; 

The Committee on Public Lands, to whom was referred the bill (S. 2885) to 
authorize the Legislature of the State of Mississippi to sell or lease the lands 
heretofore appropriated to the use of schools within the Chickasaw cession, 
and to ratify and approve the sales already made, having considered the 
same, report as follows : 

The Legislature of Mississippi, at its last session, memoralized Congress 
for the passage of an act, in the form of this bill, ratifying the sale of .school 
lands heretofore appropriated f.)V the support of schools in the Chickasaw 
cession in said State, and authorizing the State hereafter to make disposal 
of such lands, without the consent of the inhabitants jireviously had and ob- 
tained, as required by an act of Congress passed May 19, 185';. The memorial 
is appended hereto : 

In response to a request for an expression hy the Commissioner of the 
General Land OfBce of his views upon the bill he made a report in which, 
after setting out the bill in full, he says : 

'■In reference to the subject, I have to report that Congress, at an early 
period, in prortding for the sale of public lands in Mississippi reserved the 
,sections numbered 16 for school puri'oses, and by actof May 19, 1852 (10 Stat.. 
C), authorized the State to sell and convey in fee simple, or lease for a term 
of years, all or any part of the lands theretofore reserved for school pur- 
poses. It appears, however, that that act provided that the said lands 
should not be sold or leased without the consent of the inhabitants of the 
to«Ti3hip or district of cotintry for which they were originally reserved. 
Some of these lands were, by acts of Congress of July 4, 1830 (5 Stat., 116), 
and June 13. 1812 (5 Stat., 490), reserved for the use of schools within the ter- 
ritory ceded by the Chickasaws. In the preamble of said bill (2885) it is re- 
cited that as regards the lands reserved for schools In the said territory no 
evidence of such consent on the part of the inbabitants of the district of 
country comprised within the Chickasaw cession cannow be found; that the 
school lauds in question have been sold and the proceeds beld by the State 
as a sacred trust for schools within the Chickasaw cession, with the acqui- 
escence of the people interested, 

" The passage of the bill is urged by a memorial from the Legislature of 
Mississippi, in which thesame facts are stated that are recited in the pre- 
amble of the hill— Congressional Record, April 13, 189:;, page 3410. 

" The provision in the actof 1852 that the consent of the inhabitants should 
beproctrred before the lands cotild be disposed of for the benefit of the school 
fund is unusual, no such provision being found in the laws making grants of 
lands for school purposes in the States generally to which such grants have 
been made. 

"The object of the bill appears to be the quieting of titles to the lands re- 
served by said acts of 1836 and 1843, for the benefit of schools in the territory 
covered by the Chickasaw cession and sold by the State under the said act of 
18.53, .and 1 see no reason why itshould not become a law." 

The act of May 19,1853, referred to by the Commissioner, authorizing the 
State to sell the lands theretofore reserved for school purposes, also au- 
thorized the investment of the money arising from said sales " for the use 
and support of schools witbln the several tovv-nshlps and districts of country 
tor which they were originally reserved and set apart, and for no other use 
orpurpose whatsoever." 

The fnterest upon the fund arising from the disposition of these lands Is 
paid regularly and distributed among the counties entitled thereto tor the 
support of schools therein. This is provided for in the constitution of the 
State. (Section 212.) 

The titles of persons who bought these lands under authority of the Legis- 
lature at their full value and paid the purchase-money and made valuable 
improvements thereon are under clouijlg because the "consent of the inhab- 
itants" required by the act of 1852 cannot, after the lapse of so many years, 
be established, nor does there seem to liave been any express legislation on 
that subject by the State. 

The inhabitants whose consent was required to be bad have raised no ob- 
jection, so far as knovvm, to the titles of the purchasers, if indeed they are in 
condition to do so, since they get the benefit, of the fund distributed to their 
coimtles and districts. 

In the present state of the law there seems no reason to apprehend any 
interference with the purchasers through the court, but they are embar- 
rassed by the imijerfection in their titles when they undertake to dispose of 
their lands, for which they have paid full value. 

Y'our committee therefore recommend the passage of the bill. 

A memorial of the Legislature of the State of Mississippi to the Senate and Bouse 

of Representatives of the United States, on the subject of the lands heretofore 

appropriated for the support of schools within the Chickasatc cession, in said 

Slate. 

Whereas Congress, by act of May 19, 1352 (10 Stat., 6) did authorize the Leg- 
islature of the State ot Mississippi "to sell and convey in fee simple, or lease 
for a term of years," as the said Legislature might deem best, " all or any 
part of the" lands heretofore reserved and appropriated by Congress forthe 
"use of schools within said State," " with the consent of the inhabitants of 
such township or district, to be obtained In such manner as the Legislature 
of said State may by law direct ; " and 

Whereas many sales of such lands have been made under authority of the 
Legislature of said State, at their full value, the piu'chase money paid, and 
valuable improvements made thereon; and 

Whereas no evidence of such consent on the part of the inhabitants of the 
district ot country comprised within the Chickasaw cession can now be 
found; and 

Whereas said district ot cotmtry comprises many counties and parts of 
countries, townships, and parts of townships, making it a matter of great 
difliculty to obtain the consent of the inhabitants thereof to any measure; 
and 

Whereas the proceeds of such sales h.ave always been held by the State .as 
a sacred trust tor the schools within the said Chickasaw cession, and are 
now so held; and the said schools h.ave always received the full benefit ot 
the interest thereon, and the people of said district of country, by so receiv- 
ing and using said proceeds for many years without raising any question as 
to the entire validity ot said sales ot land have indicated their approval of 
thesame: 

This memorial of the Legislature of the State of Mississippi respectfully 



1892. 



CONGRESSIONAL EECORD— SENATE. 



4947 



authority to administer oatlis to -nutnesses and talie testimony in Waslilng- 
ton or elsewhere, according to its discretion, during the present session or 
the recess ot Congress; to send for persons and papers, and to employ a 
stenographer and an expert; the expenses of the investigation to be paid 
from the contingent fund of the Senate. 

By unanimous consent the Senate proceeded to consider tlic 
resolution. 

Mr. GRAY. Tliere are some of us who did not understand 
the resolution. I should like to have it stated again. 

Tlio PRESIDING OFFICER. The resolution wUl be again 
read. 

The Secretary read the resolution. 

Mr. GRAY. May I ask if that is reported from the Finance 
Conimitteey 

Mr. JONES of Nevada. It is a resolution reported by the Fi- 
nance Committee, the passage of which was recommended by 
that committee. 

The PRESIDING OFFICER. The Chair will state that the 
resolution was referred to the Committee to Audit and Control 
the Conting-ent Expenses of the Senate, having first been re- 
ported by the Committee on Finance. 

]\Ir. JONES of Nevada. And it is novr reported from the Com- 
mit loe on Contingent Expenses, having previously been reported 
favorably by the Committee on Finance. 

Mr. GRA'f. I understand it now. It carries some expense 
with it. 

Mr. JONES of Nevada. It simply provides for an expenditure 
from the contingent fund. 

The PRESIDING OFFICER. The question is on the adop- 
tion of the resolution. 

The resolution was agreed to. 

The PRESIDING Ol-TICER. The Chair will announce as the 
committee provided for by the resolution the Senator from New 
Hampshire [Mr. Chaxdlek], the Senator from Delaware [Mi-. 
HiGGiNS], the Senator from Kansas [Mr. PefferJ, the Senator 
from Tennessee [Mr. Harris], and the Senator from New .Jersey 
[Mr. McPhekson]. 

HEARINGS BEFORE COMMITTEE ON INDIAN AFFAIB.S. 

Mr. JONES of Nevada, from the Committee to Audit and Con- 
trol the Contingent Expanses of the Senate, to whom was re- 
ferred the following resolution submitted by Mr. Jones of Ar- 
kansas, June 1, 1892, reported it without amendment, and it was 
considered by unanimous consent, and agreed to; 

Ilfsohfil. That the Committee on Indian Aflairs b^ authorize! to employ 
a stenographer to report the hearings before said committee or a subcom- 
mittee thereof in regard to the Stockbridge and JIuusee Indians, and that 
the comiwnsation ot said stenographer be paid out of the contingent fund 
ot the Senate. 

STENOGRAPHER FOR APPROPRIATIONS COMMITTEE. 
Mr. JONES of Nevada, from the Committee to Audit and Con- 
trol the Contingent Expenses of the Senate, to whom was referred 
the resolution submitted by T\Ir. Allisox JNIay 27, 1892, reported 
it v.'ithout amendment; and the I'esolution was considered by 
unanimous consent, and agreed to, as follows: 

SeaoIveiJ, That the Committee on Api>ropriations be, and is hereby, au- 
thorized to employ a stenographer from time to time as may be necess.iry 
to report such testimony as may be taken by said committee or its subcom- 
mittees in connection with appropriation bills, and to have the same printed 
for its use; and that such stenographer be paid out of the contingent fund ot 
the Senate. 

HEARINGS BEFORE CO>BnTTEE ON TEKRIT0RIE;3. 

Mr. JONES of Nevada, from the Committee to Audit and Con- 
trol the Contingent Expenses of the Senate, to whom was re- 
ferred the .-esoiution submitted by Mr. Platt April 13, 1892, 
reported it without amendment; and the resolution was consid- 
ered by unanimous consent, and agreed to, as follows: 

Jfisolved, That the stenographer employed to report the hearing before the 
Committee on Territories in relation to the bill (S. 19152) to incorporate;the 
Yellowstone Park Company be paid from the contingent f tmd of the Senate. 

HEARINGS ON CHEROKEE AGEEEMENT. 

Mr. JONES of Nevada, from the Committee to Audit and Con- 
trol the Contingent Expenses of the Senate, to whom was re- 
ferred the resolution submitted by Mr. Platt April 19, 1892, 
reported it without amendment; and the resolution was consid- 
ered by unanimous consent, and agreed to, as follows: 

Unsolved, That the Committee on Indian Affairs, or any subcommittee 
thereof, have power to employ a stenographer to report hearings in connec- 
tion with Senate bill 2870, ' ■ to ratify and coulirm an agreement with the Cher- 
oliee Nation of Indians of the Indian Territory, to make appropriation for 
carrying out the same, and for other ptu-poses'" and upon the relations ex- 
isting between the United States and the five civilized tribes of Indians. 
Said committee, or subconunitteo. shall have power to send for persons and 
papers; and the expenses incuiTed by such hearings shall be paid out of the 
contingent fimd of the Senate, upon vouchers proiierly approved by the 
chairman of said committee. 

INDLVNS OX COL^TLLE RESERVATION. 

Ml-. MANDERSON. I rise to a privileged question. I sub- 



mit a conference report, which I ask may be considered at this 
time. 

The PRESIDING OFFICER. The report will be read. 

The Secretary read as follows: 

The committee of confeivnce on the dlsagi-eeing votes of the two Houses 
on the amendment of the Senate to the bill (H.K.7557) entitled "An act to 
ralifj- and conflrra an agi-ecment with the Indians residing on the Colville 
Reservation, in the State of ■Washington, Willi certain modilications, and 
make approprla.tions to cai-r.yinlo eifect the same," having met, after full 
and free conference have agreed to recommend and do recommend to their 
respective Houses as follows: 

The House agi-ees to the amendment ot the .Senate with an amendment, 
as follows: Insert after section 7, and as a part thereof, as follows: '• Which 
said sum shall be reimbursable from the proceeds of the lands when sold, as 
hereinbefore provided:" and the Senate agrees to the Same, and the House 
agrees to the Senate amendment of the title, so tliat it shall read as follows: 
'■Au act to provide for the opening of a p;irl of the ColvUle Reservation, in 
the State of Washington, and for other purposes." 

CHARLES F. MANDERSON, 
WM. P. VILAS, 
H. L. DAWES, 
Conferees on the part of the Senate. 
JNO. L. WILSON, 
H. H. ROCKWELL, 
S. W. PEEL, 
Conferees on tlie part of the Ilouee. 

The PRESIDING OFFICER. The question is on concurring 
in the report of the conference committee. 
The report was concurred in. 

INTERNATIONAL GEOLOGICAL CONGRESS. 

Mr. MANDERSON. I am directed by the Committee on 
Printing to report favorably, with amendments, a House con- 
current resolution in relation to the International Geological 
Congress, and ask for its present consideration. 

By unanimous consent, the S:inate proceeded to consider the 
resolution, as follows: 

Itcaolred by the House of Eepresen lulirea (the Senate coneurring) . That there 
be printed at the (Jovernment Printing Ofllce, 3,000 copies of the proceedings 
and transactions of the luteriiational Geological Congress, held in Washing- 
ton, D. C. August 26 to .'September 2. 1891. and that they be delivered to the 
offlcei-s of the said congress for the use of its members. The printing to be 
done on the retjuisitiou and with the approval of the Secretary of State. 

Mr. COCKRELL. I should like to hear what are the amend- 
ments proposed by the committee. 

Mr. MANDERSON. I will suggest the necessary amendments, 
whicli propose to add to the 3,00L) copies to be printed 900 more, 
300 of which shall be for the Senate and (JUO for the House of 
Represeut.atives. It was thought by the committee that there 
should be a few of these for distribution by memters of Congress, 
or at least for their own use. 

Mr. COCKRELL. That will do. 

Mr. MANDERSON. In line -1 of the resolution after the word 
" thousand," I move to insert "• 900 '" so as to make the number of 
copies 3,900; in lino 7, after the date '-1891," I move to insert '-of 
which number OOOshall bo for the House of Representatives and 
300 for the Senate;" and inline 8, after the word "and," to.strikc 
out " that they," and insert in lieu thereof " 3,000 copies shall;" 
so as to read '- 3.000 copies shall be delivered to the officers of 
the said Congress for the use of its members." 

Tlte amendments were agreed to. 

The resolution as amended was concurred in. 

Mr. MANDERSON. I am directed by the Committee on 
Printing to report adversely a Senate concurrent resolution of 
like import with the one Just adopted, which I ask may be in- 
definitely postponed. 

The PRESIDING OFFICER. The resolution referred to, be- 
ing adversely reported, will be indefinitely postjioned in the ab- 
sence of objection. 

EXECUTIVE SESSION. 

2ilr. PLATT. I now renew my motion that the Senate proceed 
to the consideration of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive ibusiness. After five minutes spent 
in executive session the doors were reopened, and (at 3 o'clock 
and 55 minutes p. m.) the Senate adjourned until Monday, June 
6, 1892, at 12 o'clock m. 



CONFiU.VIATIONS. 
Executive nominvMons co.x'inmd by the Senate June S, 1S9S. 

SiXJRETARY OP ARIZONA. 
Nathan A. Morford, of Phipnix, Ariz., to be secretary of Ari- 
zona. 

PROMOTIOX IX THE ARMY. 

Quartcrmui'tcr's Dcpartnwnt. 
First Lieut. Oscar F. Long, Fiftli Infantry, to be assistant 
quartermaster, with the rank of captain. 



4948 



CONGRESSIONAL EECORD— HOUSE. 



JtnsfE 2, 



HOUSE OP EEPEESENTATIVES. 

Thursday, June 2, 1892. 

The House mot at 12 o'clock m. Praver by the Chaplain, Rev. 
W. H. MiLBURN, D. D. 

The Journal of the proceedings of yesterday was read ^^d ap- 
proved. " Jti^mit^-- 

SENATE BILLS REFERRED. 

The SPEAKER. The Chair lays before the House several 
Senate bills. The titles of these bills having been already printed 
in tlie Record, if there bo no objection they will be referred 
without again reading- the titles. 

There was no objection, and it was so ordered. 

The bills are as follows: 

A bill (S. 2022) granting- the right of way to the Mexican 
Pacific and Piiget Sound Railroad Company over and through 
the public lands of the United States in the States of Florida, 
Alabama, Mississippi, and Tennessee, and granting the J2_ 
way to said i ailroad company over and through the United States 
naval and military reservations near Pensaeola, in the State of 
Florida — to the Committe:; on Public Lands. 

A bill (S. 2541) to construct a road to the national cemetery at 
Dover, Tenn. — to the Committee on Military Afi'airs. 

A bill (S. 87ij) fo.- the relief of the citizens of the States of Ore- 
gon, Idaho, and Washington who served with the United States 
troops in the war against the Nez Perces and Bannock and Sho- 
shone Indians, and for the relief of the heirs of those killed in 
such service, and for other purposes— to the Committee on Pen- 
sions. 

A bill (S. 1232) removing charge of desertion against Lucius 
W. Hayford, Worcester. Vt. — to the Committee on Military Af- 
fairs. 

A bill (S. G54) for the relief of Henry Lane — to the Committee 
on Military Atl'airs. 

A bill (S". 2S01) for the erection of a public building at the city 
of Jamestown, N. Y. — to the Committee on Public Buildings and 
Grounds. 

A bill (S. 1760) to provide for the erection of a public building 
in the city of Fort Madison, Iowa — to the Committee on Public 
Buildings and Grounds. 

A bill ( S. 1768) to allow thirty days' leave of absence to employes 
in the Bureau of Engraving and Printing — to the Committee on 
E.xpenditures in the Treasury Department. 

A bill (S. 2775) authorizing the c mstructinnof a bridge across 
the Kansas River — to the Committee on Interstate and Foreign 
Commerce. 

A bill (S. 1772) for the construction of a wooden dry dock at 
the United States navy-yard, Portsmouth, N. H. — to the Com- 
mittee on Naval Affairs. 

A bill (S. 2«00) for the erection of a public building at the city 
of Dunkirlc, N. V. — to the Committee on Public Buildings and 
Grounds. 

A bill (S. 1370) for the relief of the legal representatives of 
Mrs. Adeline Shirley — to the Committee on War Claims. 

A bill (S. 2715) authorizing the employment of mail collectors 
at free-delivery offices — to the Committee on the Post-Office and 
Post-Roads. 

A bill (S. 29511 directing the Interstate Commerce Commission 
to ascjrtain and report to Congress annually certain information 
in respect to the adoption by common carriers engaged in inter- 
state commerce of a uniform system of automatic couplers on 
freight cars, and for other purposes — to theCommittes on Inter- 
state and Foreign Commerce. 

A bill (3. 1424) for the relief of the Atlantic Works of Boston, 
Mass. — to the Committee on Military AlTairs. 

A bill (S. 2SS2) for the relief of John M. Davis— to the Com- 
mittee on Military Affairs. 

A bill (S. 1600) to provide for the completion and repair of 
quarters, barracks, and stables at Fort Washakie and McKln- 
ney, Wyo. — to the Committee on Military Affairs. 

A bill (S. o64) for the relief of Barker, Williams, and others — 
to the Committee on Claims. 

A bill (S. 898) to furnish Gettysburg Battlefield Memorial As- 
sociation, at Gettysburg, Pa., with specimens of arms, accouter- 
ments, etc., us^d by the armies in the battle of Gettysburg, for 
exhibition and preservation at the Gettysburg Museum — to the 
Committee on ^Military Affairs. 

A bill (S. 597) to carry out the findings of the Court of Claims 
in the case of James Harvey Dennis — to the Committee on 
Claims. 

A bill (S. 2680) for the relief of Lennes A. Jackson — to the 
Committee on Claims. 

A bill (S. 334) to authorize the Secretary of the Interior to 
fulfill certain treaty stipulations with the Chippewa Indians of 



Lake Superior and the Mississippi, and making appropriation 
for the same— to the Committee on Indian Affairs. 

A bill (S. 64) for the relief of John A. Lynch— to the Commitr 
tee on War Claims. 

A bill (S. 826) for the relief of the sufferers by the wreck of the 
United States steamer Tallapoosa — to the Committee on Claims. 

A jo int resolution (S. R. 88) to authorize the postmaster of the 
"CtTpCf Washington to construct and maintain a platform in the 
alley in square 454 — to the Committee on the District of Colum- 
bia. X 

A bill (S. 653) for the relief of Charles W. Ci-onk- tothe Com- 
mittee on War Claims. 

A bill (.S. 1445) for the relief of Adolph von Haake— tothe Com- 
mittee on War Claims. 

A hilL (S. 2457) to provide for the erection of a building for a 
noweifTnarket in the city of Washington, in the District of Co- 
lumbia—to the Committee on the District of Columbia. 

A bill (.S. 2S52) to change the name of the Capitol, North O 
tye^ and South Washington Railway Company — to the Com- 
mitfee on the District of Columbia. 

A bill (S. 2910) to authorize Admiral George Brown, Capt. 
George C. Remey, Lieut. George S. Dyer, Medical Inspector 
George W. Wood, Ensign George P. Blow, and Mr. Frank Lar 
viere. United States Navy, to accept certain decorations from 
the Government of Hawaii— to the Committee on Naval Affairs. 

A bill (S. 2981) for the relief of the Citadel Academy of Charles- 
ton, S. C. — to the Committee on Claims. 

A bill (S. 2990) for the relief of George W. McKinney— to the 
Committee on Military Affairs. 

A bill (S. 2519) authorizing the Secretary of the Treasury to 
sell certain lands in the city of Springfield and Commonwealth 
of Massachusetts — tothe Committee on the Judiciary. 

A bill (S. 2885) to authorize the Legislature of the State of 
Mississippi to s:;ll or lease the lands heretofore appropriated to 
the use of schools within the Chickasaw cession and to ratify 
and approve the sales alr,iady made — to the Committee on Educa- 
tion. 

A bill (S. 2914) for marking the lines of battle and positions of 
troo])s of the Army of Northern Virginia at Gettysburg. Pa., 
and for other purposes — to the Committee on Military Affairs. 

A joint resolution (S. R. 76) to authorize the President to invito 
certain governments to send delegates to the Pan-American 
Medical Congress — to the Committee on Foreign Affairs. 

A joint resolution (S. R.83) authorizing and directing the 
Pi-esident to proclaim a general holiday commemorating the 
four hundredth anniversary of the discovery of America on the 
12th day of October, 1892 — to the Select Committee on the Co- 
lumbian E.Kposition. 

MEMORIAL ASSOCIATION, DISTRICT OF COLUMDIA. 

The SPEAKER laid before the House a joint resolution (H- 
Res. 121) relating to the Memorial Association of the District of 
Columbia with amendments of the Senate thereto. 

Mr. LANHAM. Mr. Speaker, in the absence of the gentle- 
man from South Carolina [Mr. HEMPHILL] I ask unanimous con- 
sent that that bill be retained on the Speaker's table for the 
present. 

There was no objection, and it was so ordered. 

AMERICAN REGISTER FOR STEAMER FOXHALL. 

The SPEAKER also laid before the House the bill (S. 153) to 
provide American registers for the steamers Foxhall and S. 
Oteri, of New Orleans, La. 

Mr. MEYER. Mr. Speaker, I ask unanimous consent for the 
present consideration of this Senate bill. 

The SPEAKER. The bill will be read, after which the Chair 
will ask if there be objection. 

The bill was read, as follows: 

Se il enacted, (tc. That the Commissioner of N.avigation is hereby author- 
ized and directed to cause the forelgm-built steamer Fo.xhall, of NewOrleans, 
La., purchased and owned by Lawrence C.Fallon, an American citizen, and 
repaired by him, to be registered as a vessel of the United States. 

SEC. 3. That the Secretary of the Treasury be, and liereby is, authorized 
and directed to authorize and direct the inspection of said steam vessel, steam 
boilers, steam pipes, and the appurtenances of said boilers, and cause to be 
granted the proper and usual certificates issued to steam vessels of the mer- 
chant marine, withotit referenc ' to the fact that said steam boilers, steam 
pipes, and appurtenances were not constructed pur.suaut to the laws of tlie 
United States and were not constrticted of iron stamped pursuant to said 
laws, and the test to be applied to the inspection of said boilers, steam pipes, 
and appurtenances will be the same in all respects asto strength and safety 
as are required in the inspection of boilers constructed in the United Stales 
for marine purposes. sa-\e the fact that said boilers, steam pipes, and ap- 
purtenances not being constructed ptirstiantto the requirements of the laws 
of the United States, and are of unst.imped iron, shall not be an obstacle to 
the granting of the usual certificate if said boilers, ste.am pipes, and appur- 
tenances are found to be of stitBcicnt strength and safety. 

Amend the title so as to read: --A bill to provide an American register for 
the steamer Foxhall, of New Orleans. La.'' 

Mr. LOUD. Mr. Speaker, reserving the right to object I 



1892. 



CONGRESSIONAL RECOED— HOUSE. 



5261 



■fae taken up in his absence, beeailse I said sufficient to him to 
make him believe that it would not be. 

Mr. HENDERSON of Iowa. I have no doubt he will be here 
to-night or to-morrow. 

Mr. BRECKINRIDGE of Kentucky. And I notified the gen- 
tleman from Vermont [Mr. Grout] this morning- that the gen- 
tleman from South Carolina [Mr. Hemphill] thought he proba- 
bly would take the whole day for the consideration of District 
business, and that I probably would not take up this bill this 
afternoon. It is now half past 3 o'clock, and I do not dosiro to 
lose the whole afternoon. 

Mr. HENDERSON of Iowa. My friend from Kentucky knows 
that the gentleman who is to be the conferee is the one who has 
paid special attention to the details of the bill, and that is the 
situation in regard to the gentleman from Massachusetts [Mr. 
Cogswell], 

Mr. BRECKINRIDGE of Kentucky. If the gentleman from 
Massachusetts [Mr. Cogswell] was hero this afternoon I would 
not be willing to continue it any longer. 

Mr. HEARD. You might lot the bill bo read. 

Mr. BRECKINRIDGE of Kentucky. Can we agree upon this: 
That the first reading of the bill should bo dispensed with, and 
that we go along with it under the five-minute rule with the 
understanding that whenever the gentleman from Massachu- 
eetfs [Mr. Cogswell] comes, if he has any amendments ho do- 
sires to offer, ho shall have the privilege of returning tD that 
particular part of the bill and offer his amendments? 

Mr. HENDERSON of Iowa. The gentleman from Vermont is 
not here, and is not aware that it is to be taken up, and I do not 
know but what each of these gentlemen may desire to make some 
observations by way of general debate on this bill. I would pre- 
fer that it should go over until to-morrow. 

Mr. BRECKINRIDGE of Kentucky. I propose, then, Mr. 
Chairman, that the first reading of the bill should be dispensed 
with. 

.Mr. DINGLEY. There is no objection to that. 

Mr. HENDERSON of Iowa. That is all right. 

The CHAIRMAN. The gentleman from Kentucky asks that 
the first reading of the bill be dispensed with. Is there objec- 
tion? 

There was no objection. 

Mr. BRYAN. Mr. Chairman, I wish to ask the gentleman 
from Kentucky [Mr. Breckinridge] whether it is intended by 
this to antagonize the tarift' bill to-morrow? 

Mr. BRECKINRIDGE of Kentucky. I will say to the gentle- 
man from Nebraska what I have already said to the gentleman 
from Indiana [Mr. Shively] in charge of the tariff bill, that I 
am willing that that question shall be determined by the Speaker 
of the House. I stated to the gentleman that whatever the 
Speaker desired to have done about that matter I would con- 
form to. 

Mr. BRYAN. Mr. Chairman, I see that Mr. Shively is pres- 
ent, and can speak for himself. 

Mr. SHIVELY. Mr. Chairman, it was my purpose to call up 
the tariff bill to-morrow; and while I wish to accommodate the 
gentlemen of the Appropriations Committee, I can hardly see 
my way clear to yielding them the floor to-morrow. How much 
time does the gentleman from Kentucky expect to occupy with 
this appropriation bill? 

Mr. HEARD. Every member of the House is interested in 
getting rid of these appropriation bills. 

Mr. BRECKINRIDGE of Kentucky. Mr. Chairman, in answer 
to the inquiry of the gentleman from Indiana as to how much 
time will bo required for the consideration of the fortification 
appropriation bill, I will say that I see qo reason why it should 
not be considered and disposed of in two or three hours. It is a 
short bill: there is nothing in it that requires any extended dis- 
cussion. So far as I am concerned in the management of the bill 
I shall do all that I can to prevent it from being made a text for 
general political discussions, and I do not anticipate that the gen- 
tlemen of the minority will desire to us3 it for that purpose, be- 
cause in the preparation of the bill such' considerations have been 
carefully excluded and there has been no indications of any such 
discussion in the subcommittee. 

Mr. HENDERSON of Iowa. Mr. Chairman, I will simply say 
this. I was confined to my house when this bill was considered 
by the full committee, so it is the only appropriation bill that 
I have no knowledge of from the general discussions in the 
full committee, and for that reason I am the more anxious that 
the rule which has usually obtained at times when national con- 
ventions have been held shall prevail. There is usually a tacit 
understanding at such times that bills shall not be brought up 
in the absence of the gentlemen having special charge of them. 
I know that Gen. COGSWELL feels a great interest in this bill, 
and desires to be present when it is considered, and I certainly 
am not aware of any disposition on our side to bring into the con- 



sideration of this bill the discussion of any extraneous matters. 
I have had no intimation of any such purpose. 

Mr. DINGLEY. I certainly have had no intimation of any- 
thing of the kind. 

Mr. SHIVELY. How soon does the gentleman from Ken- 
tucky think he can get through with this bill? 

Mr. BRECKINRIDGE of Kentucky. I think we ought to dis- 
pose of it by 2 o'clock to-morrow. 

Mr. SHIVELY. Do I understand the gentlemen of the minor- 
ity to say that the gentleman from Massachusetts [Mr. Cogs- 
well] will bo here to-morrow. 

Mr. HENDERSON of Iowa. I think he will bo here tomor- 

I'OW. 

Mr. BRECKINRIDGE of Kentucky. I notified the gentleman 
from Vermont [Mr. Gkodt], his colleague on the committee, that 
in any case I would insist upon taking up this bill to-morrow. 

Mr. DINGLEY. As one member of the minority I will say 
that if the gentleman from Vermont [Mr. Grout] is present to- 
morrow we will ask for no further delay in the consideration of 
this bill. 

Mr. SHIVELY. Mr. Speaker, in view of the disposition mani- 
fested here to expedite the consideration of this approjjrial ion 
bill so as to dispose of it in two or three hours, I will not object 
to the arrangement suggested. 

Mr. BRECKINRIDGE of Kentucky. Mr. Speaker, I ask unani- 
mous consent that the first reading of the bill be dispensed with. 

There was no objection, and it was so ordered. 

Mr. BRECKINRIDGE of Kentucky. Mr. Chairman, I give 
notice that immediately after the reading of the Journal to-mor- 
row I shall call for the regular order, so that there may lie no 
delay in proceeding with the consideration of this bill. I now 
move that the committee rise. 

The motion was agreed to. 

The committee accordingly rose: and the Speaker having re- 
sumed the Chair, Mr. McCreary, from the Committee of the 
Whole House on the state of the Union, reported that they had 
had under consideration a bill (H. R. 8533), the fortifications ap- 
propriation bill, and had come to no resolution thereon. 

leave of absence. 
' unanimous consent, leave of absence was granted, as follows: 
' Mr. BOATNER, for ten days . on account of important busi- 



Mr. Storer, for ten days, on account of sickness. 
I Mr. Oates, for Tuesday, the 14th instant. 
I Mr. Pithian, for ten days, on account of important bust 




By 
To 

ness. 

To Mr. Pearson, for three days, on account of important busi- 
ness. 

To 

To 

To 
ness 

CRUELTY TO children AND ANIMALS IN THE DISTaKT OP 
COLUMBIA. 

Mr. HEMPHILL. Mr. Speaker, I call up the bill (S. 1714) to 
prevent cruelty to children or animals in the District of Colum- 
bia, and for other purposes. 

The bill was read, as follows: 

Be it enacted, etc.. That the police court of the District of Columbia shall 
have jurisdiction in all cases arlsins under the act of February 13. 1885, en- 
titled •• An act for the protection of children in the District of Columbia 
and for other purposes," subject to appealto the supreme court of the Dis- 
trict, accordini; to the provisions of section 4 of chapter .536, 3(5 .Statutes-at- 
Larae, entitled " An act to detine the jurisdiction of the police court of the Dis- 
trict of Columbia;" and the same witness fees shall be allowed in the prosecu- 
tion of all cases of cruelty to children or anim.alsinthe District of Columbia 
as are allowed in other cases by section SiH of the Revised Statutes of the 
United States; hut no officer or member of the HmnaneSociety .shall be en- 
titled to any fee as a witness in any such case. 

Sec, 2. That the Commissioners of the District of Columbia are author- 
ized, in their discretion, to detail from tiiue to time one or more members 
of the metropolitan police force to aid the Washin-^'ton Humane Soriel v in 
the enforcement of laws relating to cruelly to animals as well as of the laws 
relating to cruelty to children. 

Sec. 3, That section 13 of the act of August 23, 1871, entitled "An act for 
the prevention of cruelty to animals in the District of Columbia," is amended 
to read as follows: ■■ That in this act the word • animals ' or 'animal ' shall 
be held to include all llvingand sentient creatm-es (human beings excepted i, 
and the words 'owner,' ■ persons,' and 'whoever' shall be held to include 
corporations and Incorporated companies as well as individuals." 

SEC. 4. That a person being the o\™er or possessor or having charge or 
custody of a maimed, diseased, disabled, or infirm animal who abandons 
such animal, or leaves it to lie in the street, or road, or public place, more 
than three hours after he receives notice that it is left disabled, is guilty of 
a misdemeanor punishable by a fine of not less than $10 nor more than fe-H), 
or by imprisouraent in jail not more than one year, or both Any agent or 
officer of the Washington Humane Society may lawfully destroy, or cause 
to be destroyed, any animal found abandoned and not properly cared for, 
appearing, in the judgment of two reputable citizens called by iiim to view 
the samem his presence, to be glandered, injured, or disease<l "past recovery 
for any useful purpose. When any person arrested is .at the time of such 
arrest in charge of an.v animal or of any vehicle drawn by any animal or 
containing any animal, an,y agent of said society may take charge of such 
animal and such vehicle and its contents and deposit the same in^a place of 
safe custody or deliver the same into the possession of the police authori- 
ties, who shall assume the custody thereof : and all necessary expenses in- 
curred in taking charge of such property shall be a lien thereo'n. 

Sec, 5. That whoever cuts the solid part of the tail of any horse in the oi> 
eration known as docking, and whoever shall caiiE« the same to be done or 



5262 



CONGRESSIONAL RECORD— HOUSE. 



June 13, 



assist In doing such cutting (unless the same Is proved to be ot benefit to 
the horse), shall, upon conviction thereof, be punished by imprisonment In 
the jail not exceeding one year or line o£ not less than $100 nor more than 
$260. 

S;ec. C. Tliat any person who sets on toot, instigates, promotes, carries on, 
or does any act, as assistant, umpire, or principal, or attends or in any way 
engages In the furtherance any tight between coclis, fowls, or other birds, or 
dogs, bulls, bears, or other animals, premeditated by any persons owning 
or having custody of such birds or animals, is guilty ot a misdemeanor, pun- 
ishable by a fine of not more than $350 or by imprisonment in jail not more 
than one year, or both. 

The bill was ordered to a third reading; and was accordingly 
I'ead the third time, and passed. 

Mr. HEMPHILL moved to reconsider the vote by which the 
bill was passed; and also moved that the motion to reconsider be 
laid on the table. 

The latter motion was agreed to. 

Mr. HEMPHILL. Mr. Speaker, I have no' further bills to 
present to the House to-day. 

Mr. KILGORE. Mr. Speaker, I demand the regular order. 

The SPEAKER. The regular order is the call of committees 
under the second morning hour. The call rests with the Com- 
mitloo on Military Aflairs. 

Mr. McRAE. The Committee on Public Lands was passed 
without prejudice, and I ask that that committee be now called. 

INTERNATIONAL GEOLOGICAL. CONGRESS. 

Mr. RICHARDSON. I ask the gentleman from Arkansas to 
yield to mo for a moment. I wish the House to concur in a Sen- 
ate amendment in regard to a matter of printing which will not 
occupy more than a moment. 

Mr. McRAE. I will yield if it does not take any time. 

Mr. RICHARDSON. ' If it does I will withdraw it. 

Mr. Speaker, a few days ago the House passed a concurrent 
resolution to print the proceedings of the International Geolog- 
ical Congress. That resolution went to the Senate, where it was 
amended so as to provide for 900 additional copies, 600 for the 
use of the House and 300 for the use of the Senate. I ask that 
the amendment of the Senate be concurred in. 

There being no objection, the House proceeded to the consid- 
eration of the concurrent resolution to print proceedings of the 
International Geological Congress of 1892. 

The amendments of the Senate wore read as follows: 

Inline 4, alter "thousand," insert " 900." 

In line 7, alter "1891," insert " of which number 600 shall be for the tise of 
the House of Keiiresentatives, and 300 for the Senate." 
In lines, strike out "that they" and insert" 3,000 copies shall." 

The amendments were concurred in. 

ORDER OF BUSINESS. 

The SPEAKER. The regular order is the call of the com- 
mittees in what is known as the second morning hour. The call 
rests with the Committee on Military Affairs, but the gentle- 
man from Arkansas [Mr. McRae] asks that the Committee on 
on Public Lands, which was passed without prejudice, be now 
called. 

There was no objection. 

REGISTERS AMD RECEIVERS IX WASHINGTON. 

Mr. McRAE. I call up the bill (H. R. -193) to amend section 
2238 of the Revised Statutes of the United States, relating to tees 
ot registers and receivers, 

The bill was read, as follows: 

iff it enacfed. etc.. That paragraph 13 ot section 2238 of the Revised Statutes 
ot the United States be, and the same is hereby, amended by striking out the 
word "Washington." 

Mr. McRAE. Mr. Speaker, I scarcely need say anything in 
reference to this measure. It provides for a reduction of the fees 
at the land offices in tlie State of Washington. The land officers 
there are now entitled to double fees; this bill seeks to reduce 
the fees to the same standard as in other States. 

Mr. TAYLOR ot Illinois. If there is a report I would like to 
hear it read. 

The SPEAKER. It can be read in the time of the gentleman 
from Illinois. 

The report (by Mr. CLARK ot Wyoming) was read, as follows: 

The Committee on the Public Lands, having had under consideration the 
bill (H. R. 493) to amend the laws relating to the fees of registers and re- 
ceivers, report as follows : 

Under the twelfth paragraph of section 223S of the Revised Statutes of the 
United States it is provided that in land offices in certain Territories, in- 
cluding the present State of Washington, the fees of registers and receivers 
shall be 50 per cent higher than tlie general schedule. At the time of the en- 
actment oi said section making this distinction there was a necessity for 
the higher rate in the localities named, but the business of these offices in 
the State of Washington has so largely increased that this necessity no 
longer exists, and your committee recommend the passage ot this bill, 
whk'h simply strilces out the word " Washington." 

The bill v,'as ordered to a third reading, read the third time, 
and passed. 

On motion of Mr. McRAE, a motion to reconsider the last vote 
was laid on the table. 



PUBLIC RESERVATION, HOT SPRINGS, ARK. 

Mr. McRAE. I call up the bill (S. 2597) to include lot No. 53, 
in block 89, at Hot Springs, Ark., in the public reservation at 
that place. 

The bill was read, as follows: 

Beit enacted, etc.. That lot No. 53, In block 89, of the town of Hot Springs, 
in the State of Arkansas, as surveyed and laid out according to an act of 
Congress approved March 3, 1877, under the direction and supervision of the 
Hot .Springs commission, be, and the .same is hereby, reserved from sale, 
and the same is hereby declared to be a part ot the permanent public reser- 
vation at Hot Springs, and that it shall be subject to the same laws, rules, 
and regulations that apply to said permanent reservation as now defined. 

Mr. PAYNE. I ask for the reading of the report. 
. The report (by Mr. McRae) was read, as follows: 
The Committee on the Public Lands, to whom was referred the bill (S. 
2597) to include lot No. 53, in block 89, at Hot Springs, Ai'k., in the public 
reservation at that place, have had the same under consideration, and re- 
port the same baclt with the recommendation that it pass, and that bill H, 
K. 7314 bo laid on the table. 

Mr. PAYNE. That report scarcely gives the information we 
desire. Perhaps the chairman ot the committee [Mr. McRae] 
will give us some explanation on this subject. 

Mr. McRAE. My colleague, Mr. Terry, will explain the 
matter. 

Mr. TERRY. Mr. Speaker, this bill was introduced in the 
Senate by one ot the Senators from Arkansas. Its object is that 
a certain lot bo included in the permanent reservation at Hot 
Springs, instead of being left subject to sale. The lot being situ- 
ated on the side of the mountain, and rather inaccessible for 
building purposes, it is supijosed it would be ot more value to the 
public reservation than it could possibly tao for purposes of sale. 
It will bring almost nothing if sold as compared with its value 
to the permanent reservation. 

Mr. PAYNE. Does it adjoin the public reservation? 

Mr. TERRY. It does, as'l understand. 

The hill was ordered to a third reading, read the third time, 
and passed. 

On motion of Mr. McRAE, a motion to reconsider the last vote 
was laid on the table. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. Platt, one of its clerks, 
announced that the Senate had passed the bill (S. 317) granting 
an increase of pension to John M. Roberts: in which concurrence 
of the House was requested. 

ENTRIES OF BUILDING-STONE LANDS. 

Mr. McRAE. I call up the bill (S. 1273) to authorize the entry 
of lands chiefly valuable for building stone under the placer 
mining laws. 

The bill was read, as follows: 

Be it enacted, etc.. That any person authorized to enter lands under the 
mining laws of the United States may enter lands that are chiefly valuable 
for building stone under the provisions of the law in relation to placer min- 
eral claims: Provided, That lands reserved lor the benefit of the public 
schools or donated to any .State shall not be subject to entry under this act: 
Providedfurther, That this act shall not be construed to repeal or in any 
way modify or affect the act of June 3. 1878, in relation to the sale of timber 
and stone lands in the States ot California, Nevada, Oregon, and Washington. 

The amendments reported by the committee were read, as 
follows: 

At the end of the bill strike out the following : "Provided ftirther. That this 
act shall not be construed to repeal or in any way modify or affect the act of 
June 3, 1878, in relation to the sale of timber and stone lands in the States of 
California, Nevada, Oregon, and Washington." 

Add the following as new sections: 

SEC. 2. That an act entitled "An act for the sale ot timber lands in the 
States ot California, Oregon, Nevada, and Washington TeiTitory." approved 
June 3, 187S, be, and the same is hereby, amended by striking out the words 
"States ot California, Oregon, Nevada, and Washington Territory." where 
the same occur iu the second and third lines of said act, and Insert in lieu 
thei-eof the words "public-land States," the pui'pose of this act being to 
make said act of June 3, 1878, applicable to all the public-land States. 

Sec. 3. That nothing in this act shall be construed to repeal section 24 Ot 
the act entitled "Auact to repeal timber-culture laws, and tor other pur- 
lioses," approved March 3. 1891. 

The amendments were agreed to. 

The bill as amended was ordered to a third reading, read the 
third time, and passed. 

On motion of Mr. McRAE, a motion to reconsider the last vote 
was laid on the table. 

Mr. McRAE. Would it be in order, Mr. Speaker, at this timo 
to ask a conference with the Senate on that bill':' 

The SPEAKER. It would not, except by unanimous consent. 
There is no disagreement as yet between the two Houses. 

Mr. McRAE. I ask that tlie bill H. R. 0656, which is on the 
same subject, may b? ordered to lie on the table. j| 

The SPEAKER. That order will be made in the absence of " 
objection. 

SETTLEMENT RIGHTS ON AGRICULTURAL LANDS. 

Mr. McRAE. I call up the bill (H. R. 7028) to protect settle- \ 



1892. 



CONGllESSIONAL RECORD— HOUSE. 



5313 



bill, is in harmony with the natural laws and institutions which 
surround and should "'overn us. I happen to be one of those 
peculiar individuals who believe in the everlasting: efficacy o' 
the laws of nature. I believe the nearer we approach to and 
obey those laws, whether in our capacity as individuals or in our 
collective capacity as a nation, the nearer we will be right. 

Why do I say this? Simply because I know that nature has 
made fewer mistakes than men. Nature has committed fewer 
blunders than political parties, and when it comes to a contest 
between a well-ascertained law of nature and a resolution in a 
political platform, I unhesitatingly endorse the one and con- 
demn the other. [Applaus-i.] 

Now, let us pursue this line of argument one or two steps 
further. Look at this world in which we are living with its vast 
oceans and continents, not separated by impassable barriers, but 
each uniteJ with all the others. 

Behold your valleys and rivers, your forests and plains, your 
mountains stored full of a thousand useful minerals, with a ca- 
pacity of the soil to produce in endless variety and wonderful 
profusion all the grasses and fibers, fruits, and grains essential 
to man's well-being, with climatic conditions admirably suited 
to every locality. These things indicate to mo, nay, not merely in- 
dicate, but overwhelmingly prove, that this earth upon which we 
live is not an accident, but has been prepared especially for 
man's habitation. Wc find that man has been endowed notcnily 
with the social instincts and moral perceptions which enable 
him to utilize and enjoy the companionship of his fellows, but in 
addition to these primary qualities he has been further equipped 
with the mental capacity to analyze and determine the various 
conditions which constitute his environment. 

This being undeniably true, I hold it to be man's supremo duty 
to always work in harmony with and never in antagonism to 
those natural laws by virtue of which ovir existence as social be- 
ings is rendered possible and enjoyable. Let me pursue this 
line of thought one more st.^p. During the geological eras — that 
is, during the periods of the world's natural history. when order 
was being evolved out of chaos, when the oceans and continents 
were separated and each assigned to its permanent resting place, 
when the soils were being ground up and deposited, when cli- 
matic conditions were being fixed, in short, when this earth was 
generally taking on its present shape, we find that all countries 
were not made alike. No particular country or section was so 
arranged as to be able to become entirely independent of every 
other. 

Without intending to be the least irreverent, I want to say 
that when this earth was created the creator thereof did not 
have the Republican platform to guide him or he would have 
made it altigether different. [Applause.] He should so have 
arranged it (with the guidance of the platform) that every coun- 
try, whether large or small, could be perfectly independent, self- 
sustaining, and thus would we all have become rich. But we 
find the world modeled upon a different plan. A dependency 
one upon the other, and an interdependency existing among all, 
is the plan that wa,s adopted. We find, for instance, that coun- 
tries like the greater jjart of Russia, a large part of Canada, 
Minnesota, Wisconsin, and the Dakotas have received a soil and 
a climate admirably suited for the raising of wheat, and a large 
surplus of this valuable cereal is the result of these natural con- 
ditions. 

When we go south of this wheat belt into Kansas, Iowa, Illi- 
nois, Missouri, we find the soil and climate exactly suited to the 
raising of those grasses and grains which enable us to make 
cheap meat. A surplus of meat products is here the result of 
natural conditions. But while we have meat in abundance and 
to the north of us they have wheat in superabundance, neither 
locality is able t.) raise a pound of cotton, except under highly 
artificial conditions, which from an economic standpoint would 
be out of the question. To the south of us. however, the people 
are enabled, jirimarily because of soil and climate, to raise a 
large part of the world's supply of cotton. 

Still further south the people, because of natural conditions, 
are enabled to raise rice, sugar cane, and all the semitropical 
fruits. Then when we leave the confines of our own country and 
look across thousands of miles of an expanse of oc. an into the 
Flowery Kingdom, we find that the people of China, because of 
natural conditions, are enabled to enrich the world's commei-ce 
with their tea and silks and other remarkable productions. 

When you go to Brazil the same holds true of coffee, while 
Still othei- parts of the earth yield up to the world's commerce 
their spices, their fruits, their oils, their woods, and their drugs, 
which can grow and mature only under the fierce rays of a trop- 
ical sun. Now, when you have thus looked around about you and 
have taken a hasty and a very incomplete inventory of all these 
natural blessings, and when you discern in the physical configu- 
ration of the globe how the oceans and the rivers are so arranged 
as to permit an easy exchange of all these various products and 



commodities, these natural blessings, between different and dis- 
tant countries; then when, last of all, you take into consideration 
men's appetites, their wants and their necessities, wherever they 
may be located, whether south or north, or in intermediate re- 
gions— when you have done all that, then let me tell you that 
for the philosophical mind, for the mind that is free from party 
prejudice, for the mind that is determined to seek after the truth 
and willing to (Mnbrace it when discovered— for such a mind there 
is but one conclusion to reach, and that is that when Cod Al- 
mighty created this earth he created it in such a way and fash- 
ioned it in such a shape, and ho made man's conditions such as 
not only to permit but actually to compel men and nations to 
trade with one another. | Applause.] 

Why, when you "look round about you and behold how every- 
thing has been arranged upon so magnificent a scale, how ad- 
mirably all these conditions have been adjusted — to say nolhing 
at all of revealed religion, with which I am not dealing— these 
things to which I have called attention are enough to fill every 
mind with unqualified admiration for the Creator, to fill every 
heart with thankfulne.ssand praise, and tooviu-whelm every soul 
with all the sentiments of an eternal love and a ncver-dving 
gratitude. [Applause.] Now, I believe that civilized mail the 
world over has now reached that point in the development of a 
superior civilization when the commercial policy of every coun- 
try should be adjusted in harmony with and not in antagonism 
tj the natural law. [Applause.] ' A law which, if obeyed, will 
make of every ocean an open public highway, and of every river 
an unobstructed thoroughfare, and eventually link together in 
a common bond all the nations of the earth and in an indestruct- 
ible brotherhood all the races of men. 

But the commercial policy fastened upon our country by the 
Republican party makes fierce war upon all these noble 'ideas 
and lofty principles, it seeks to tear down all these natural con- 
ditions and institutions, and to ignore all thes,^ natural laws, 
and to set up in their place a creed and a code pitiably nai-row 
and contemptibly selfish [applause], a code and a creed whicli 
carried to its logical conclusion would build around about us a 
wall through which no man could go and over which no being 
could leap. 

The clock admonishes mo that my time has long since been ex- 
hausted, and were I not encouraged by the excellent attention 
with which I am honored I should certainly stop. [Cries of " Co 
on! " "Go on! "] When you and I as Democrats advocate a freer 
trade, a freer commerce, are we advocating that which in prin- 
ciple is wrong and in effect injurious':' What is commerce.-' Is 
it not true that it has always been in all ages of the world's his- 
tory the most powerful of all our civilizing agencies';' Has it 
not been the most conspicuous factor in the transformation of 
barbarian hordes into civilized communities and states'? 

Commerce has always been the forerunner and must forever 
continue to be the handmaid of Christianity. Commerce will 
penetrate and dispel the darkness of heathen lands, and dilfuse 
in its stead the exhilarating sun.shine of peace, progress, and 
prosperity. Commerce will distribute the sui plus, the super- 
abundance of our country among the needy, the destitute of 
other lands, thus avoiding want and preventing famine. Com- 
merce will pick up the waste materials, the refuse products of 
sections that are highly favored, transform these into articles 
of value and wealth by transporting them to other sections which 
are less favored. Between men of distant climes and widely 
separated regions commerce equalizes the bounties and blessings 
of nature, tears down man's prejudice, builds up his maihood, 
teaches him that (n-ery other man is his brother, thus empha- 
sizing that eternal truth that God hath made of one bk od all 
the nations. [Apjjlause.] Is there a man among you all who 
would cast a vote or raise his voice against a blessing so glo- 
riously rich, against a beneficence so nearly universal'? 

Think of it! Commerce ascending and d';sc_-nding every river, 
traversing every valley and plain, reaching to the Very heart of 
every desert, braving the storms, riding the mad waves and 
plowing the deep waters of every ocean, among the simooms of 
the far south, amidst the waterspouts of the equator, even upon 
the perpetual ice fields in the far, far north, upon all the wat -r, 
upon every land, this never-tiring, ever-busy agent is at work 
furnishing your necessities, supplying your wants, augmenting 
your knowledge, and increasing your wealth. [Applause.] Ke- 
meniber that the expansion, the extension of commerce and 
man's civilization have always gone hand in hand. 

If you promote the one. you encourage the other; if you injure 
the one. you necessarily retard the other. Annihilate commerce, 
and, let me tell you, the clock of time would reverse itself: your 
decay and degeneration wovild be marked more rapidly than was 
ever youi- growth and your prog. ess. We should always remem- 
ber that from his primeval condition of barbarism to his present 
stat-^ of civilization man has advanced with slow and hesitating 
steps. He long abused his facultits by mistrusting hi-i neigh- 



XXIII- 



-332 



5314 



CONGRESSIONAL RECORD— HOUSE. 



June 15, 



Tjors and hating: his brethren who happened to inhabit a foreign 
laud. Thus man succeeded throughout ages in maintaining his 
isolation, his exclusiveness, and also his feebleness. 

M;in has grown strong and capable- just in the proportion that 
be has torn down and leaped over his iirimitivo environments, 
and nothing in all this wide world has been of such valuable 
service to man in these his transitory stages from barbarism to 
civilized life as commercial intercourse with his fellow-man and 
brother. [Applause.] When, then, you, my Democratic friends, 
cast your votes for a fi'eer commerce, for "freer trade, you have 
the satisfaction of knowing that you are working in harmony 
■with nature's laws; and I am happy to be able to state i 
elusion that jjour action upon this question is also in h 
with the spirit of the times. [Prolonged applause on the Demo' 
cratic side.] 

Mr. SHIVEIiY. I move that the committee do now rise. 

The motion was agreed to. 

The committee accordingly rose; and the Speaker having re- 
sumed the chair, Mr. Blount, chairman of the Committee of 
the Whole House on the state of the Union, reported that the 
committee had had imder consideration the bill H. R. 8033, and 
had come to no resolution thereon. 

ORDER OF BUSINESS. 

Mr. McMILLIN. Mr. Speaker, I move that the House do 
now adjourn. 

The SPEAKER. Pending that motion, the Chair will lay be- 
foi'e the House some personal requests of members. 

LEAVE OP ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 

To Mr. Causey, for ten days, on account of important busi- 
ness. 

To Mr. Tkacey, for ten days, on account of important busi- 
ness. 

To Mr. Amerm.\N, indefinitely, on account of important busi- 
ness. 

To Mr. Rusk, for ten days, on account of important business. 

To Mr. COMPTON, for ten days, on account of important busi- 
ness. 

To Mr. Bacon, indefinitely, on account of important business. 

To Mr. CowLES, indefinitely, on account of sickness. 

To Mr. WlKE, for two weeks from Friday, June 17, 1892, on 
account of important business. 

To Mr. Page of Rhode Island, for ten days from June 17, on 
account of important business. 

To Mr. Fellows, for two weeks, on account of important 
business. 

change of reference. 

Mr. FITCH. Mr. Speaker, I ask unanimous consent for a 
change of reference of the bill which I send to the Clerk's desk. 
The Clerk read as follows: 
A bill (S. 1504) for the relief of D.arid Dealy and Moses YounUin. 

The SPEAKER. The Committee on Private Land Claims 
asks to be discharged from the further consideration of this bill, 
and that it be referred to the Committee on Public Lands. 
Without objection that order will be made. 

There was no objection. 

REPORTS op committees. 

The following reports of committees were handed in at the 
Clerk's desk, referred to their appropriate Calendars, and other- 
wise disposed of, as indicated below: 

patents for lands. 

Mr. LYNCH, from the Committee on Indian Affairs, reported 
back, in the nature of a substitute for House bill ti076, the bill (S. 
2049) authorizing the Secretary of the Interior to carry into ef- 
fect certain recommendations of the Mission Indian Commission 
and to issue patents for certain lands; which was referred to the 
Committee of the Whole House on the state of the Union, and, 
with the accompanying report, ordered to be printed. 

House bill 6076 was laid on the table. 

encouragement to AMERICAN SHIPBUILDING. 

Mr. FOWLER, from the Committee on Merchant Marine and 
Fisheries, reported back favorably the bill (H. R. 8818) to en- 
courage American shiisbuilding; which was referred to the House 
Calendar, and, with the accompanying report, ordered to be 
printed. 

dedication of STATUE TO THE MARQUIS DE LAFAYETTE. 

Mr. CUMMINGS, from the Committee on the Library, re- 
ported back favorably the bill (H. R. 7721) to provide for the 
dedication of the statue to the Marquis de Lafayette; which was 
referred to the Committee of the Whole House on the state of 
the Union, and, with the accompanying report, ordei'ed to be 
printed. 



SPECIMENS of arms, ETC., FOR GETTYSBURG BATTLEFIELD 
MEMORIAL ASSOCIATION. 

Mr. NEWBERRY, from the Committee on Military Affairs, 
reported back favorably the bill (S. 898) to furnish the Gettys- 
burg Memorial Association, at Gettysburg, Pa., with specimens 
of arms, accoutorments, etc., used by the armies in the battle of 
Gettysburg, for exhibition and preservation at the Gettysburg 
Museum; which was referred to the House Calendar, and, with 
the accompanying report, ordered to ba printed. 

MILITARY POST AT FORT WAYNE, MICH. 

Mr. NEWBERRY, also from the same committee, reported 

ick^vorably the bill (S. 9S5) to provide for the enlargementof 

the military post at Fort AV ay ne. Mich.; which was referred to 

the House Calendar, and, with the accompanying report, ordered 

to be printed. 

BRIDGE ACROSS THE ST. LAWRENCE RIVER. 

Mr. GEARY, from the Committee on Interstate and Foreign 
Commerce, reported back favorably the bill (H. R. 9005) for the 
construction and maintenacce of a bridge across the St. Law- 
rence River; which was read a first and second time, referred to 
the House Calendar, and, with the accompanying report, ordered 
to be printed. 

EULOGIES ON HON. EPHRAIM K. WILSON. 

Mr. PAGE of Maryland. Mr. Speaker, I ask that the or- 
der heretofore made setting apart the ISth instant as the day 
on which eulogies should be pronounced on the late Senator 
Wilson of Maryland be vacated and that the 2;jth be substituted 
therefor. 

The SPEAKER. The gentleman from Maryland asks unani- 
mous consent that the order heretofore made assigning the after- 
noon of the ISth instant for the purpose of delivering eulogies 
on the late Senator Wilson of Maryland, be postponed until the 
same hour on the 25 th instant. Without objec lion that order 
will be made. 

There was no objection. 

The motion of Mr. McMILLIN was then agreed to; and ac- 
cordingly (at 5 o'clock and 16 minutes p. m.) the House adjourned. 

REPORTS OP COMMITTEES. 

Under clause 2 of Rule XIII, private bills and resolutions were 
severally reported from committees, delivered to the Clerk, and 
referred to the Committee of the Whole House, as follows: 

By Mr. STONE of Kentucky, from the Committee on War 
Claims: 

A bill (H. R. 5512) for the relief of Sarah E. B. Smith. (Re- 
port No. 1647.) 

A bill (S. 708) for the relief of the residuary legatees of Mark 
Davis, deceased. (Report No. 1036.) 

By Mr. SCOTT, from the Committee on War Claims: A bill 
(H. R. 6618) for the relief of the owners and cccujiants of Camp 
Tyler, in Cook County, 111. (Report No. 1637.) 

By Tslr. STONE of Kentucky, from the db.me committee: A 
bill (H.R. 9217) for the relief of James A. Cook. (Report No. 
1638.) 

By Mr. HENDERSON of North Carolina, from the Commit- 
tee on Pensions: A bill (S. 1708) for the relief of Mrs. Sarah J. 
Waggoner. (Report No. 1639.) . 

By Mr. PAGE of Rhode Island, from the Committee on Claims: 
A bill (S. 130) for the relief of Maj. William M. Maynadier, a 
paymaster in the United States Army. (Report No. 1640). 

By Mr. PAGE of Maryland, from the Committee on Naval Af- 
fairs: A bill (S. 204) in relation to the pay of Rear- Admiral James 
E. Jouett, retired. (Report No. 1641). 

By Mr. BUTLER, from the Committee on Invalid Pensions: 

A bill (H. R. 2808) granting a pension to Sarah L. Pangborn, 
widow of Asa Tobias. (Report No. 1G45.) 

A bill (H. R. 2809) granting a pension to Electa Ann Stewart. 
(Report No. 1646.) 



BILLS, MEMORIALS. AND RESOLUTIONS. 

Under clause 3 of Rule XXII, bills of the following titles v.'ere 
introduced and severally referred as follows: 

By Mr. DAVIS: A bill (H. R. 0221) to protect the lawful moneys 
of the United States against discriminations by con tracts — to the 
Committee on the Judiciary. 

By Mr. JOHNSON of Ohio: A bill (H. R. 9222) providing 
for the election of Re])resentatives by proportional representa- 
tion — to the Select Committee on Election of President and 
Vice-President and Representatives in Congress. 

By Mr. CULBERSON: A bill (H. R. 9J23j for the continuan.v 
of the publication of the Revised Statutes — to the Committee on 
Revision of the Laws. 



1802. 



CONGRESSIONAL RECORD— SENATE. 



5317 



Donovan, roported it with, amendments and submitted a report 
thereon. 

Mr. PADDOCK, from the Committee on Public Lands, to 
whom was referred the bill (S. 3098) to amend an aot entitled 
"An act for the relief of W. H. Tibbits," approved August 8, 
1888, submitted a favorable report. 

Mr. HANSBROUGH from the Committee on the District of 
Columbia, submitted a report to accompany the bill (S. 2845) re- 
gulating- the sale of distilled and fermented liquors in the Dii' 
trict of Columbia, heretofore reported by him. 

Mr. STOCKBRIDGE, from the CVmimitteo on Fisheries, to 
wliora was referred the amendment submitted by Mr. MOKRILL 
on the 7th instant, intended to bo proposed to the sundry civil 
apjiropriation bill concerning the tish cultural station in Ver- 
mont, reported it favorably and inoved its reference to the Com- 
mittee on Appropriations; which was agreed to. 

Mr. SAWYER from the Committee on Post-Offices and Post- 
Roads, to whom was referred an amendment submitted by ^Mr. 
Carey June lO, to the sundry civil appropriation bill, reported 
it without amendment and submitted a report thereon; and 
moved its reference to the Committee on Appropriations and 
that it be printed; which was agreed to. 

OHIO RIVER BRIDGE. 

Mr. WASHBURN. From the Committee on Commerce I re- 
port back the bill (H. R. 88()1) for the relief of the Kentucky and 
Indiana Bridge Company, and I ask unanimous consent that the 
Senate consider it at the i)resent time. 1 will state that a bill 
precisely the same was reported from the committe -i by the Sen- 
ator fi-om Missouri [Mr. Vest], and I now desire to substitute 
this bill for the one first reported. 

The PRESIDENT pro tempore. Is there objection to the pres- 
ent consideration of the House bill? 

Mr. COCKKELL. Does the Senator say that there is a Sen- 



ate bill like it? 
Mr. WASHBURN, 
Mr. COCKRELL. 



It is identical. 
What is its number on the Calendar? 
The PRESIDENT pro tempore. No. 800. 
Mr. HARRIS. Let the bill bo read for information. 
The Secretary read House bill 8801, as follows: 

Be it enacted, etc. , That the Kentucky and Indiaua Bridge Company, a corpo- 
ration created by and existiutcnnder the laws of the Commonwealth of Ken- 
tucky, be, and it hereby is, authorized to occupy and acQuire title to .so ranch of 
the land of the L,ouisville and Portland Canal, the i)roperty of the United 
States, as is now occnpied by the south abutment of the said Kentucky and In- 
diana bridf^e and the contii^tKius trestles in the approachtheveto, on thepa.v- 
ment to the United States by the said brid ee company of the fair valtie of such 
specitied tract, to be determined by aia'eement between the said Kentticky 
and Indiana Bridge Company and the Secretary of War. 

The PRESIDENT pro tempore. Is there objection to the con- 
sideration or the bill? 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

The PRESIDENT pro tempore. The bill (S. 322,3) for the relief 
of the Kentucky and Indiana Bridge Company will be indefi- 
nitely postponed, if there be no objection. It is indetinitely post- 
poned. 

BILLS INTRODUCED. 

Mr. SHERMAN introduced a bill (S. 3276) granting a pension 
to Mrs. Zipporah Eells Gooch; which was read twice by its title. 
and, with the accompanying papers, referred to the Committee 
on Pensions. 

He also introduced a bill (S. 3277) granting a pension to Re- 
becca E. Kutz; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Pensions. 

Mr. FRYE introduce! a bill (S. 3278) gi-anting a pension to 
Peter Dalot: which was read twice by its title, and, with theac- 
companving papers, referred to the Committee on Pen,>ions. 

Mr. STOCKBRIDGE introduced a bill (S. 3279) for the relief 
of R. Connable & Sons; which was read twice by its title, and. 
with the accompanying papers, referred to the Committee on 
Claims. 

Mr. HANSBROUGH introduced a bill (S. 3281) to amend sec- 
tion 7 of "An act to repeal timber-culture laws, and for other 
purposes,'' approved March 3, 1891; which was read twice by its 
title, and referred to the Committee on Public Lands. 

Mr. WASHBURN (by request) introduced a bill (S. 3282) to 
authorize the construction of a bridge over the St. Louis River 
between the States of Wisconsin and Minnesota; which was read 
twice by its title, and referred to the Committee on Commerce. 

Mr. PERKINS introduced a bill (S. 3283) providing that no 
electric-light or telephone company shall maintain overhead wires 
in the District of Columbia; which was read twice by its title, 
and referred to the Committee on the District of Columbia. 

Mr. GEORGE introduced a bill (S. 3284) for the relief of the 



heirs of Abel Walker, deceased; which was read twice by its 
title, and referred to the Committee on Claims. 

SALMON li'lSUEKIES OF ALASKA. 

Mr. PLATT introduced a bill (S. 3280) to provide for the en- 
forcement of the provisions of the act of Congress for the pro- 
tection of thesalmcm fisheries of Alaska, approved March 2, 1889; 
...i.;,.h jggtafir"'^ twice by its title. 

Mr. WaATT. I present a communication from the Commis- 
sioner of Fish and Fisheries, which I move be referred, with the 
bill, to the Committee on Fisheries. 

The motion was agreed to. 

Mr. PLATT. I should like at this time and in this connection 
to submit an amendment to bs referi-ed to the Committoo on 
Fisheries, and I should like to say a few v/ords in relation to the 
proposed amendment. 

It is an amendment to the sundry civil appropriation bill pro- 
posing to appoint a special agent of the Treasury Department 
with power to enforce the present laws relating to tlie protec- 
tion of the salmon fisheries (jf Alaska, and api)ropriating .'tis, 000 
for that iiurpose. I ask that it be referred to the Committee on 
Fisheries in order that they may report it favorably for refer- 
ence to the Committee o:i Appropriations, and I desire to say 
one word with regard to the importance of this amendment. 

The salmon fisheries of Alaska are very much more important 
than the seal fisheries of Alaska. The business last year pro- 
duced about 700,000 cases of canned salmon, about 32,000,000 
pounds, of a value of between $3,000,000 and $3,500,000 of the 
product. There is actually nothing being done to preserve the 
salmon fisheries of Alaska, and in five years' time they will bo 
practically destroyed. The salmon requires abotit four years 
after it is hatched to grow sufficiently to return to the stream 
where it is hatched. As they return, every salmon that returns 
to the stream is now being caught out. 

Mr. COCKRELL. Do the smaller and yotinger ones return 
with the older ones? 

Mr. PLATT. The salmon does not return to the stream to 
spawn until four or five years. 

Mr. COCKRELL. But when it does return do the younger 
ones go with it? 

Mr. PLATT. No; but those that are old enough to spawn re- 
turn to the streams, and they are the ones that are caught for 
canning purposes. Barricades and dams have been erected on 
the streams, so that it is utterly impossible for the salmon to 
reach the headwaters of the stream where it is necessary for them 
to deposit their spawn. I think it safe to say that in five years' 
time, as the business is now conducted, there will not he salmon 
enough left in Alaska to make the business at all profitable. In 
other words, it will be practically destroyed. 

While the Government is expending any amount of money to 
protect the seal fisheries, it does nothing to protect the salmon 
fisheries. There is a law for the prevention of barricades and 
\h'i punishmentof persons who erect barricades, and the collector 
of the port of Sitka has had instructions to enforce these laws, 
but there is no appropriation for it. 1 ask in this amendment 
that a special Treasury agent may be appointed with enough to 
pay his per diem and his expenses to enforce what laws wo have. 

I shall in due time. I hope, propose some additional law for the 
regulation and protection and preservation of the salmon fish- 
eries of Alaska. 

Mr. DOLPH. I desire to supplement what was said by the 
Senator from Connecticut with a single word. It is true that 
the salmon fisheri.'S of Alaska are more valuable than the seal 
fisheries, and they are in imininent danger of being destroyed. 
I saw last year with my own eyes dams built across and nets 
stretched across the small inlets and fresh-water streams up 
which the salmon were accustomed to go, which entirely pre- 
vented tUem from reaching their spawning ground: and I saw 
thousands upon thousands of salmon that had been taken by nets 
and other appliances and were not canned, but thrown back, dead, 
floating upon the waters of th'j various inlets in Alaska. It is 
very important that something should be done to protect the 
salmon. 

Mr. ALLEN. The Senator from Connecticut has not over- 
stated the seriousness of this matter. Anyone who has observed 
the destructive system of salmon fishing in the last few years 
along the Columbia River knows that that valuable fish is des- 
tined to early extinction unless something is done to prevent the 
wanton waste and destruction that characterize the present 
system of fishing. Alreatly on the tributary streams of the 
Columbia River where salmon wei-e abundant years ago they 
have almost disappeared. Even with such police regulations as 
the States have been able to enforce thus far, a very serious 
destruction is going on with the salmon fisheries there. If the 
same wanton course is pursued in Alaska, which I am convinced 
is the ease and in a much more aggravated degree, it will soon 



5318 



CONGRESSIONAL EECORD— SENATE. 



June 10, 




be too lato to afford relief. It seems to me that action can not 
be taken any too soon on this important matter. 

The PRESIDENT jiro kniporc. The proposed amendment will 
be jn'inted, and referred to the Committee on Fisheries. 

Mr. STOCKBRIDGE, from the Committee on Fisheries, sub- 
sequently reported the amendment favorably, and it was re- 
ferred to the Committee on Appropriations, and ordered to bo 
printed. 

AMENDMENTS TO BILLS. 

Mr. MANDERSON submitted an amendment intended to be 
proposed by liim to the sundry civil appropriation bill; which 
was referred to the Committee on Military Affairs and ordered 
to be printed. 

Mr. MITCHELL submitted an amendment intended to be pro- 
posed by him to the deficiency appropriation bill; which was re- 
ferred to the Committee on Appropriations, and ordered to be 
printed. 

MCMILLAN submitted an amendment intended to be pro- 
posCTTby him to the sundry civil appropriation bill: which was 
referred to the Committee on the District of Columbia, and or- 
dered to be printed. 

WITHDRAWAL OP PAPERS. 

Mr. HUNTON. I ask for the adoption of the following order: 

Ordered, That Mrs. Kato L. Roy have leave to withdraw her papers from 
the tiles of the Senate. 

The PRESIDENT pro lempore. The order will be granted, if 
there be no objection. 
Mr. HARRIS. Subject to the condition imposed by the rule. 
Tlie PRESIDENT pi-o tempore. Subject to the rule. 

GEORGE W. WHITE. 

Mr. PEFFER. Would it bo in order to call np a bill on the 
Calendar? 

The PRESIDENT pro tempore. It would be, subject to the 
unanimous consent of the Senate. 

Mr. PEFFER. I ask unanimous consent to call up a bill which 
I am satisfied will elicit no discussion and can be passed very 
readily. It is the bill (H. R. i!7()7) granting an increase of pen- 
sion to George W. White. 

The PRESIDENT pro tempore. Is there objection to the pres- 
ent consideration of the bill? 

Mr. COCKRELL. Let it be read for information. 

The PRESIDENT piro tcmpwe. The bill will be read at 
length. 

The Secretary read the bill; and, there being no objection, 
the Senate, as in Committee of the Whole, proceeded to its con- 
sideration. It proposes to place on the pension roll the name of 
George W. White, late a member of Company B, Gray's bat- 
talion, Arkansas Volunteers, in the Mexican war, and to pay him 
a ]iension at the rate of $20 per month in lieu of the pension he 
is now receiving. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

LEAVE OF ABSENCE. 

The PRESIDENT pro tempore. If there is no further morn- 
ing business the Calendar under Rule VIII is in order. 

Mr. MORRILL. Mr. President, I am compelled to ask of the 
Senate an indefinite leave of absence after Tuesday next. 

The PRESIDENT pro tempore. The Senator from Vermont 
asks leave of absenca from the Senate indefinitely after Tuesday 
of next week. Is there objection to the request? The Chair 
hears none, and it is granted. 

FREE COINAGE. 

Mr. MORRILL. I suppose that the bill of the Senator from 
Nevada [Mr. Stewart] is under consideration. 

The PRESIDENT j))-o ?f)nporf. The bill vnll be laid before 
the Senate. 

The Secretary. A bill (S. 51) to provide for the free coin- 
age of gold and silver bullion, and for other purposes. 

The PRESIDENT pro tempore. The question is on the amend- 
ment proposed by the Senator from Illinois [Mr. Palmer], to 
strike out all of the bill after the first section. 

Mr. MORRILL. Mr. President, we have had some examples 
of the repetition of speeches in the silver debate druing the 
present session with little recognizable difference of argument 
or language; and therefore, not assuming that the subject was 
wholly exhausted by any previous remarks of mine, and that 
they only need to be repeated a little louder, I shall not dull the 
ears of the Senate with loudness, and with as little as possible of 
whatShakspeare called ''damnable iteration." 

The free-coinage resolution which opened this debate was evi- 
dently pushed by the distinguished Senator from Alabama with 
some comic hopefulness that the Senatorial Democratic candi- 
dates for the Presidency would remain in tlie Senate to have 



their votes counted, and not seek by flight outside into the boom- 
proof smoking room to escape from all harm. But the skilled 
marksman from Alabama must have been sadly disappointed, as 
I was, that lie did not wing a single Presidential bird, and he 
was apparently not luiwilling that the brave Senator from Ne- 
vada, "nothing loath," should jump on board of the rudderless 
fi-ee-coinage craft as the pilot to steer it on its perilous voyage. 
Surely no pilot from any Northern State east of the Mississippi 
could be found with a greater contempt of danger. 

The accidental absence of Republican Senators and the failure 
of prominent Democratic members to respond at the roll call 
brought the question before us, but no friend of sound money on 
a real and just basis for the actual use of both gold and silver 
need be apprehensive about the most extended discussion nor 
about the final result. 

Evidently the free-coinage prescription that has been prepared 
in Nevada for our monetary ills appears to be — 
Take the hair, it is well written. 
Of the dog by which you're hitten. 

It will be seen that it is proposed to cure the plague of a great 
redundance of American silver on the homoeopathic theory of 
.timilia similibtts curantiir, not, however, by the orthodox diluted 
infinitesimal dose, but by a larger heroic dose, to include not 
only all of our own silver product, but also that of the world at 
large. When I am told by men. sane upon all other subjects, 
that the United States alone could safely assume, notwithstand- 
ing its present impaired digestive organs, the risk of unlimited 
silver coinage of the bullion of all mankind, I am forced to ad- 
mit, as much as I am wont to admire glittering Fourth-of-July 
jaunty jingoism, that I believe the United States would suffer an 
inglorious surfeit, and it would turn out that we had been only 
used, like the cat in the fable, to pull the chestnuts out of the 
fire merely to save the ])aws of monkeys abroad from being 
burned, while depreciated silver here would still be depreciated 
silver. 

It has been heretofore supposed that there was one point upon 
which all Senators were agreed, and that was as to the expendi- 
ouc}' and necessity of "an international bimetallic agreement." 
I confess that was and is my strongest hope of deliverance from 
monometallism. A joint resolution was introduced bj' the learned 
Senator from Colorado [Mr. Teller] early in January last, and 
after reference to the Finance Committee, was promptly and 
unanimouslj' rejiortcd with satisfaotorj' amendment. The dis- 
closure recently made in the Senate by the conspicuous leader 
of free-silver coinage from Nevada is, that an " international 
bimetallic agreement" is no longer to bo sought after, or even 
tolerated, but to be dismissed with contumely. Even the author 
of the joint resolution can no longer be reckoned among its sup- 
porters. The rabbis of the recent prosilver convention, which 
assem tiled here to boom free coinage and dictate what should 
and what should not be done, issued their edict against any in- 
ternational attempt at an agreement, as well as against any 
change of the present ratio, by which silver should be maintained 
on a parity with gold. They do not want it. If any proof were 
wan ting be fore, this conclusively shows that the design is to tlirust 
upon our country at once, if possible, the silver standard of all 
legal-tonder money. 

There never has been a time more auspicious for the solution of 
the silver problem than the present. All the leading European 
nations have accepted our invitation for an international mone- 
tary conference. With a President beyond all question earnestly 
in favor of bimetallism, we have an ample guaranty that persons 
would be selected on our part to conduct the international agree- 
ment with efficiency and with fidelity to every interest of the 
country. India, the most populous and profitable outlying pos- 
session of Great Britain, witli its extensive industrial interests, 
disastrously handicapped by the free coinage of silver, sells its 
products without any augmentation of price for depreciated sil- 
ver, and collects all of its revenue in silver, which has to be used 
at the rate of $3 to pay $2 of its enormous indebtedness lo Eng- 
land. India is therefore now in precisely the same helpless and 
pitiful predicament in which the United States would be fovind 
whenever it attempts alone to relievo the universal depreciation 
of silver by free coinage— a job that no other enlightened na- 
tion could be induced to assume the risk. England, hitherto 
standing aloof from bimetallism, is now compelled to listen to the 
supplicants of India, and no longer withhold favor to all inter- 
national agreements. Other nations of Europe will follow her 
example. For the first time in twenty years an agreement in 
favor ot bimetallism no longer appears impossible. 

And yet if free coinage of silver were to be established here 
precedent to any international agreement, there is not a single 
nation in Europe that would give'the subject further considera- 
tion. They would all gladly leave to us and to India the posses- 
sion of the great white elephant. 

Wlien the partisans of free coinage of silver talk about bimetal- 



1 



1892. 



CONGJIESSIONAL RECORD— SENATE. 



5417 



of mails in rural cUstricts— to the Committee on Post-Offices and 
Po/t-Roads. 

A petition praying for legislation to prevent the adulteration 
of food and drugs— ordered to lie on the table. 

Mr. FRYE presented petitionsof 37 parents, teachers, and phy- 
sicians of Houlton, Me.; of 53 parents, teachers, and physicia,us 
of Plymouth, Me.; of .'!! parents, teachers, and physicians of Lin- 
neus,' Me.; of 5!) parents and teachers of Corinna, Me., and of 48 
I a-ents, teachers, and physicians of Rockland, Me., praying for 
the pa'- sage of legislation prohibiting the sale, manufacture, and 
importation of cigarettes in the United States; which were re- 
ferred to the Committee on Epidemic Diseases. 

Mr. GAI^LINGER presented the jietition of C. W. Knowles 
and (i3 other citizens of Belmont, N. H., praying for the passage 
of legislation prohibiting the sale, manufacture, and importalion 
of cigarettL's in the United States; which was referred to th-i 
Committe? on Epidemic Diseases. 

He al^o presented the petition of W. H. Crawford and 22 other 
citizens of Jefferson, N. H., praying for the passage of legisla- 
tion proTiibiting the sale, manufacture, and Importation of cig- 
a ettesinthe United States; which was referred to the Commit- 
tee on Epidemic Diseases. 

Mr. HARRIS. Recognizing, as I do, the right of petition. I 
present the memorial of .lohn Cowden upon the subject of the 
improvement of the Mississippi River. It is very brief. While 
I am not in sympathy with his method, I move that the memo- 
rial 1)3 printed as a document, and that it be referred to the 
Committ3e on Commerce. 

The motion was agreed to. 

Mr. HARRIS presented a petition of the United Presbyterian 
t;hurch of Lincoln County, Tenn., praying for the closing of the 
WorUVs Columbian Exposition on Sunday and that the sale of 
into.xicafing liquors bo prohibited thereat; which was referred 
to the Committee on the Quadro-Centennlal (Select). 

Mr. TELLER presented the memorial of .1. L. Bond and S5 
other eitiztns of Boulder, Colo., and the memorial of R. W. 
Farnesworth and 59 other members of the Seventh-Day Advents 
ist Church of Boulder, Colo., remonstrating against the com- 
mitment of the United States Government to a union of religion 
and the state by the passage of any legislation closing the 
World's Columbian Exposition on Sunday; which were referred 
to the Committee on the Quadro-Centennial (Select). 

Mr. VEST presented the memorial of Nancy I. Wilson and 
other citizens of Hunnewell, Mo., remonstrating against theeom- 
miiment of the United States Government to a union of religion 
and the state by the passage of any legislation closing the World's 
Columbian Exposition on Simday; which was referred to the 
Committer on the Quadro-Centennial (Select). 

He also presented a petition of the Brown Tobacco Company 
of Montgomery City, Mo., praying for the repeal of the free-leaf 
i-ecticn of the present tariff law; which was referred to the Com- 
mittee on Finance. 

Ho also presented the petition of Mrs. S. Knight and other citi- 
zens of Kansas City, Mo., praying for the passage of legislation 
prohibiting the sale, manufacture, and importation of cigarettes 
in the United States; which was referred to the Committee on 
Epidemic Diseases. 

He also pvesented the petition of Steele & Walker, wholesaL' 
grocers, of St.. Joseph, Mo., praying for the passage of the Torrey 
bankruptcy bill; which was referred to the Committee on the 
Judiciary. 

He also pre-ented a petition of the Trades and Labor Union of 
St. Louis, praying for the passage of House bill No. 319, e.xemi>t- 
ing improvements on real estate in the District of Columbia fi-cm 
taxation; which was referred to the Committee on the District 
of ( 'olumbia. 

He also presented a memorial of Farmers and Laborers' Union. 
No. 850, of St. Louis County, Mo., remonstrating against the 
passage of House bill No. 120 and Senate bill No. 2834, restricting 
the liberty of the press; which was ordered to lie on the table. 

Mr. HANSBROUGH presented a petition of citizens of North 
Dakota, p; aying for the passage of legislation regulating specu- 
lation in fictitious farm products; which was referred to the Com- 
mitt, e on the Judiciary. 

Mr. MITCHELL presented a memorial of citizens of Beaver- 
ton, Oregon, remonstrating against the commitment of the United 
States Government to a union of religion and the state by the 
passage of any legislation closing the World's Columbian Expo- 
sition on Sunday; which was referred to the Committee on the 
Qnadro-Centennial (Select). 

Mr. PERKINS presented a petition of Cottonwood Division, 
No. 45, auxiliary to the Brotherhood of Locomotive Engineers. 
0.' Emporia, Ivans., praying for the passage of legislation to pro- 
tect the lives of railroad employes; which was referred to the 
Committee on Interstate Commerce. 
' Mr. CHANDLER presented the petition of D. W. Goodale, 



Isaac Copp, Edward F. Bibber, and other citizens of Hillsboro, 
N. H.. parents, teachers, and physicians, praying tor the passage 
of legislation prohibiting the sale, manufacture, and importation 
of cigarettes in the United States; which was referred to the 
Committee on Epidemic diseases. 

Mr. COCKRELL. I present a 'stereotyped cigarette petition 
from citizens of St. Louis. Mo. I move that it bj referred to the 
Committee on Epidemic Diseases. 

The motion was agreed to. 

Mr. MANDERSON presented the memorial of .John N. Bruer 
and sundry other citizens of Nebraska, and the memorial of N. 
P. Mo'jre and sundry other citizens of Fremont, Nehr., remon- 
strating- against the cummitnient of the United States Govern- 
ment to a union of religion and the state by the passage of any 
legislation closing the World's Columbian" Exposition on Sun- 
day; which were referrtd to the Committee on the Quadro-Cen- 
tennial (Select). 

He also presented a petition of Printing Pressmen's Union, No. 
G, of St. Louis, Mo., praying for the passage of House bill 7005, 
creating the office of foreman of presswork in the Government 
Printing Office; which was referred to the Committee on Print- 
ing. 

Mr. BUTLER precented a petition of the Chamber of Com- 
merce of Charleston, S. C, praying that an appropriation be 
made for a grand review of the navie-* of the world in New York 
Harbor, to celebrate the four hundredth anniversary of the dis- 
covery of America by Christopher Columbus; which was referred 
to the Committee on Appropriations. 

Mr. PETTIGREW presented a petition of the Young People's 
Society of Christian Endeavor of Huron, S. Dak., praying that 
the W^orld's Columbian Exposition be closed on Sunday; which 
was referred to the Committee on tlie Quadro-Centennial (Select). 

He also presented a memorial of members of the Methodist 
Episcopal Church of Iroquois. S. Dak., remonstrating agi^nst the 
commitment of the United Stat-^s Government to a union of re- 
ligion and the state by the passage of any legislation closing the 
World's Columbian Exposition on Sunday: which was i-eferred 
to the Committee on the Quadro-Centennial (Select). 

Mr. GEORGE presented a petition of citizens of .Jackson County, 
Miss., praying for the adoption of an amendment to the Consti- 
tution of the United States prohibiting any legislation by the 
States respecting an establishment of religion or making an ap- 
])ropriation of money for any sectarian purpose; which was re- 
ferred to the Committee on the Judiciary. 

Mr. QUAY presented petitions of 20 citizens of Butler, of 34 
citizens of Corydon, of 21 citizens of Genesee and Lititz, of 51 
citizens of Butler, of 58 citizens of Allegheny, of 21 citizens of 
Duke Center, and of 19 citizens of Prospect, all in the State of 
Pennsylvania, praying for the pas.sageof legislation prohibiting 
the sale, manufacture, and importation of cigarettes in the United 
States; which were referred to the Committee on Epidemic Dis- 
eases. 

He also presented the memorial of L. S. Chrispell and 3 other 
members of the Seventh-Day Adventist Church of Rome, Pa., 
remonstrating against the commitment of the United States 
Government to a union of religion and the state by the passage of 
any legislation closing the World's Columbian Exposition on 
Sunday: which was referred to the Committee on the Quadro- 
Centennial (Select). 

He also pi'esented petitions of members of the Christian and 
Presbyteri,in Churches of Bellefonte, Pa.; a petition of the 
United Presbyterian congregations of Camp Run and Wertem- 
burg. Pa.; a petition of the United Presbyterian Church of Erie, 
Pa., and a p.'tition of the Woman's Missionary Union, auxiliary 
to the Southern Baptists' Convention of Baltimore, Md., praying 
that the World's Columbian Exposition be closed on Simday; 
which w^re referred to the Committee on the Quadro-Centen- 
nial (Select). 

He also presented a ])etition of 22 citizens of Fallen Timber, 
Pa , praying- for the adoption of an amendment to the Constitu- 
tion of the United States prohibiting any legislation by the 
States respecting an establishment of religion or making an ap- 
propriation of money for any sectarian purpose; which was re- 
ferred to the Committee on the Judiciary. 

He also presented a petition of the Epworth League of the 
Methodist Episcopal Church of Allegheny, Pa.: a petition of the 
Methodist Episcopal and Presbyterian Churches of Ediuboro, 
Pa.; petitionsof the National Woman's Christian Temperance 
Union of Pennsylvania, and petitions of the Methodist Episcopal 
Church of Pennsylvania, praying that no exposition or exhibit ion 
for which appropriations are made by Congress shall be ojiened 
on Sunday; which were referred to the Committee on the Quadro- 
Centennial (Select). 

He also presented a petition of Washington Camp No. 43fi, 
Patriotic Order Sons of America, of Allen Mills, Pa., and a peti-^ 
tlon of Armstrong County (Pa.) Pomona Grange, No. 11, Patrons^ 



5418 



CONGRESSIONAL EEOOliD— SENATE. 



Juke 20, 



of Husbandry, praying for the free delivery of mails in rui-al dis- 
tricts; whicli were referred to the Committee on Post-Offices 
and i^ost- Roads. 

He also presented petitions of the Mount Washington, Fac- 
toryville, and Reading Baptist Churches of Pennsylvania; pe- 
titions of Pikeland, Harrisburg, Marklestaurg, Upper Strasburg, 
Hanover, Armsburg, and Armstrong Evangelical Lutheran 
Churches of Pennsylvania; petitions of Overton, Latrobe, and 
Rosstovvn Reformed Churches of Pennsylvania; petitions of the 
McKeesp'jrt, Pi-ospect, Knoxville, Middlesex, Little Redstone, 
Slate Ridge, Prankford, West Liberty, Berwick, and Washing- 
ton Presbyterian Churches of Pennsylvania; a petition of the 
Presbytery of Westminster. Pa.; a petition of the Presbyterian 
Society of Mars, Pa.; a petition of citizens of Mount Pleasant. 
Pa.; a petition of the Young People's Society of Taylorstown, 
Pa.; a petition of 225 citizens of Butler and Armstrong Counties, 
Pa., and a petition of the Ministers' Congregationa.1 Statg^4;§*0" 
elation of Pennsylvania, praying that the World's Co 
Exposition ba closed on Sunday and that the sale of intoxicating 
liquors be prohibited thei-eat; which were referred to the Com- 
mittee on the Quadro-Centennial (Select). 

He also presented the petition of the R. & W. JenkhMMyCUHft:. 
pany, of Pittsburg, Pa., and the petition of WeymanfS^rother, 
of Pennsylvania, praying for the repeal of the "free-leaf" sec- 
tions of the taritT law relative to the sale of leaf tobacco; which 
were referred to the Committee on Finance. 

He also presented a petition of Cold Harbor Post, No. 132, 
Grand Army of the Republic of California, praying for the pas- 
sage of a bill to provide for properly marking the battle lines at 
Gettysburg, Pa.: which was ordered to lie on the table. 

REPORTS OF COMMITTEES. 

Mr. ALLEN, from the Committee on Claims, to whom was re- 
committed the bill (S. 1426) for the relief of Dabney, Simmons 
& Co., reported it without amendment, and submitted a report 
thereon. 

Mr. ALLEN subsequently said: In the matter of the bill (.S. 
142(.i) for the relief of Dabney, Simmons & Co., the Committee on 
Claims were laboring under the impression that that bill had 
been recommitted to the committee. I find that that was amis- 
apprehension. I therefore ask unanimous consent of the Senate 
that the bill be recommitted to that committee, and that any 
other action taken in regard to the bill to-day may be expunged. 

The PRESIDENT pro tempore. The Chair is'informed that 
no action has been taken upon the bill to-day. It is up(m the 
Calendar, with the adverse report of the committee. 

Mr. ALLEN. The adverse report was vacated, and the im- 
pression on the part of the committee was that an order of re- 
committal had been made. I ask that the order of recommittal 
be now made, which the committer supposed had been done. 

The PRESIDENT pro tempore. This is the condition as the 
Chair understands it: The bill was adversely reported by the 
Committee on Claims and placed upon the Calendar with the ad- 
verse report. The Committee on Claims, acting under the im- 
pression that the bill had been recommitted to the committee, 
this morningreported the bill back favorably, and the commit- 
tee now asks that there be an order nunc pro tunc for the recom- 
mittal of the bill to the committee, 

Mr. ALLEN. That is correct. 

The PRESIDENT pro tempore. That order will be made, if 
there be no objection. The Chair hears none, and it is so or- 
dered. 

Mr. PUGH, from the Committee on the Judiciary, to whom 
was referred the bill (H. R. 6023) for the reUef of Elizabeth T. 
Boyd and Joel S. Hankins, of Alabama, reported it without 
amendment, and submitted a report thereon. 

Mr. MANDERSON, from the Committee on Printing, reported 
an amendment intended to lie ]jroposed to the sundry civil ap- 
propriation bill, and moved that it be referred to the Committee 
on Appropriations and printed; which was agreed to. 

Mr. GALLINGER. from the Committee on the District of Co- 
lumbia, who were directed by resolution of May 4, 1892, to make 
careful inquiry into the complaint that the Washington High 
School is unable to prepare pupils to enter Harvard College and 
to report the results to the Senate, submitted a report thereon; 
which was ordered to be printed, 

Mr. VEST, f i-om the Committee on Commerce, to whom was 
referred the bill (H. R. 5726) to authorize the Lake Charles Road 
and Bridge Company, of Lake Charles, La., to construct and 
maintain bridses across English Bayou and Calcasieu River, re- 
ported it without amendment. 

He also, from the same committee, to whom was referred the 
bill ( H. R. ."i941 ) to build a bridge across the Tennessee River be- 
tween a point in Whitesburg precinct, in Madison County and 
Morgan County, in the State of Alabama, reported it with amend- 
ments. 

He also, from the same committee, to whom was referred the 



bill (S.3205) to authorize the building of permanent bridges with 
fixed spans across the Harlem River, New York, loported ad- 
versely thei-eon, and the bill was postponed indefinitely. 

Mr. VEST. 1 am directed by the Committee on Commerce, 
to whom was referred the bill (H. R. 0663) to amend an act en- 
titled "An act to authorize the Oregon and Washington Bridge 
Company to construct and maintain a bridge across the Colum- 
bia River, between the State of Oregon and the State of Wash- 
ington, and to establish it as a post-road," to report it without 
amendment. 

I call the attention of the Senators from Oregon to the fact 
that this measure is identical with the Senate bill already passed, 
and the other House instead of passing our bill sent this bill 
here. 

Tlie PRESIDENT pro tevipore. The bill will bo placed on the 
Calendar. 

Mr. McMillan, from the Committee on Post-Offices and 
loads, repoi-ted an amendment intended to be propo.sed to 
tlie'Post-Otfice appropriation bill; which was referred to the 
Committee on Appropriations, and ordered to be printed. 

Ho also, from the Committee on Agriculture and Forestry, to 
jy^pm was referred an amendment submitted by Mr. Paddock 
tfTthe sundx-y civil appropriation bill concerning reindeer in 
Alaska, reported it favorably, and moved its reference to the 
Committee on Appropriations; which was agreed to. 
p Mr. SAWYER, from the Committee on Post-Offices and Post- 
RoaJs, reported an amendment intended to be proposed to the 
Post-Office apj)ropriation bill: which was referi-ed to the Com- 
mittee on Appropriations, and ordered to be printed. 

BILLS INTRODCCED. 

Mr. WOLCOTT introduced a bill (S. 3285) granting a i>ensiori 
to Marion G. Dunn; which was read twice by its title, and, with 
the accompanying paper, referred to the Committee on Pensions, 

Mr, HUNTON introduced a bill (S, 328G) for the construction 
of a memorial bridge from the Naval Observatory grounds to the 
Arlington estate; which was read twice by its title, and referred 
to the Committee on the District of Columbia, 

Mr, HISCOCK introduced a bill (S. 3287 ) for the relief of Mary 
Klingmann; which was read twice by its title, and, with the ac- 
companying paper, referred to the Committee on Military Attaiis. 

He also introduced a bill (S, 3288) for the relief of Charle- 
L'Vander Haynes; which was road twice by its title, and, with 
the accompanying papers, referred to the Committee oa Military 
A flairs. 

He also introduced a bill (S. 3289) for the relief of James Big- 
ler: which was read twice by its title, and referred to the Com- 
mittee on Claims. 

Mr. COCKRELL introdviced a bill (S. 3290) for the relief of D. 
K. Ponder; which was read twice by its title, and referred to the 
Committee on Claims. 

Mr. STOCKBRIDGE introduced a bill (S. 3291) for the relie 
of Fred B. Lee; which was read twice by its title, and, with the 
accompanying paper, referred to the Committee on Military 
Affairs. 

Mr, QUAY introduced a bill (S. 3292) for the removal of the 
charge of desertion against John Scanlin, late a private of Com- 
pany F, Eighty-eighth Regiment Pennsylvania Volunteers: 
which was read twice by its title, and, with the accompanyin;; 
paper, referred to the Committee on Military Affairs, 

Mr, SANDERS introduced a bill (S, 3293) limiting the juris- 
diction of certain courts; which was read twice by its title, anl 
refei'red to the Committee on tile Judiciary, 

Mr. PEPFER introduced a bill (S. 3294) to authorize the con- 
struction of a dam acioss the Kansas River near Kansas City, in 
the State of Kansas; which was read twice by its title, and re- 
feri-ed to the Committt;e on Commerce, 

Mr, PEFPER, By request of the Wage Workers' Political Al- 
liance, of the District of Columbia, I introduce a biU for reference 
to the Committee on Post-Offices and Post-Roads, 

The bill (S. 3295) to regulate jaostal affairs, and for other pur- 
poses, was read twite by its title, and referred to the Committe 
on Post-Oifices and Post-Roads. 

Mr. PERKINS introduced a bill (S. .3296} for the relief of Henry 
Cozad; which was read twice by its title, and referred to the Com- 
mittee on Military Affairs. 

He also introduced a bill (S. 3207) granting to the Interstate 
Water and Electric PowerCompany of Kansas the right to erec! 
and maintain adam or dams across the Kansas River within Wy- 
andotte County, in the State of Kansas; which was read twice b;, 
its title, and refeiTed to the Committee on Commerce. 

Mr. QUAY. Oh behalf of my colleague [Mr. Cameron], who 
is necessarily absent, I introduce a bill. 

The bill (S. 3298) authorizing the sale of land in the vicinity of 
Fort Mifflin on the river Delaware was read twice by its title, 
and referred to the Committee on Military Affairs. 

Mr. MANDERSON introduced a bill (S. 3299) to amend sec- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



5421 



The PRESIDENT jj)'o;f)iyjO/-e. The bill will be readasamended. 
The Secretary read as follows: 

JBe it enacted, etc., That in addition to the jurisdiction conferred upon the 
Court of Claims and the district and circuit courts ot the United States by 
sections 1 and 2 of the act ot Congress approved March 3, 1887, entitled "An 
act to provide for the bringing of suits against the Government of the United 
States," the Court of Claims shall have Jm-isdiction to hear and determine 
claims, to establish or enforce the rights ot claimants to patents from the 
United States lor lands to which Ihe claimantmay be entitled under any law 
or grant of the United States; and where the value ot such claim does not 
exceed $3,000 the United States district courts shall have concurrent juris- 
diction with said Court of Claims, and where the value exceeds ^5,000 thecir- 
cuit courts of the United States shall have concurrent jurisdiction -n-lth said 
Court of Claims: Proiided, That no suit shall be maintained against the 
United States under this act unless the same shall have been brought within 
six years after the passage of this act if the right shall have heretofore nc- 
crued, or otherwise within six years after the right shall have accrued for 
which the suit is brought. 

SEC. -z. That upon the tiling in the ofBce of the Commissioner of the Gen- 
eral Land Oftlce of a duly certified copy of any final judgment or decrc-c es- 
tablishing the right of a claimant to a patent for public land, a i^atent shall 
be issued in accordance with said judgment or decree. 

Mr. COCKRELL. I should like to have some explanation of 
the bill. It seems to me to be scattering the business of the 
General Land Office pretty extensively. If it conlined the bring- 
ing of these suits to the Court of Claims alone, where all the 
I'ecords of the Government would be accessible, it sscms to me 
the bill would be perfectly proi;er; but, accoi'ding to the bill, suit 
can be brought in any United States districtor circuit court in any 
part of the country in order to get a patent, and the Government 
must go to that place, defend the suit, and take its records and 
everything of that kind. If the Senator will agree to strike out 
that part of the bill, I think it would be perfectly right: and 
then it would place this class of cases upon the same jilane that 
claims to patent rights for inventions are placed. I tliink that 
ought to be done. 

Mr. MITCHELL,. It seems to me, if the S.-nator will reflect 
a moment, he will see that to confine it t) the Court of Claims 
alone would be a very great hardship upon the very class of peo- 
ple who will be more likely than any other class to be compelled 
to resort to the court in order to obtain their rights in raference to 
patents for lands. There is a great number of cases of poor people 
in the West who go on public lands under some of the land laws, 
do all they think is necessary 'to be done in perfect good faiUi, 
and after they have done all that they are met with some objec- 
tion in the General Land Office and they are delayed. They can 
get no standing in court unless a patent is issued to some other 
person. After a patent is issued to some other person, then, of 
course, they have a standing in court, and then they can apply 
to any of the United States circuit courts having jurisdiction 
and have the patentee declared trustee for the benefit of the 
party to whom the patent ought to have issued; but until that 
is done, until a patent is issued to some other person, these par- 
ties have no standing in court whatever. 

i The purpose of this bill is to enable any homesteader or any 
i person claiming under the homestead act, or under the preemp- 
tion act, or under the timber act, or under any of the land laws of 
the United States, who believes that he has complied with the 
law and is entitled to a patent, to go into any of the courts 
specified in this bill and have the matter tested. It would be a 
very great hardship to compel the large class of persons who 
would b3 likely to avail themselves of the benefit of this act, if it 
should become a law, to come to Washington and sue in the 
Court of Claims. 

There is no trouble about getting all the records before any of 
the courts of the United States. Exemplified copies are always 
evidence, and they can be obtained at any time upon application 
to the General Land Office. It appears to me to eliminate that 
portion of the bill would be to destroy it to a very great extent. 
' This whole matter was very carefully considered by the Judi- 
ciary Committee, and there was no difference of opinion in that 
committee in regard to what ought to be done. I did notrejiort 
the bill. It was rejiorted by the Senator from Iowa [Mr. WiIj- 
SON], who is absent now and probably will be for some time, and 
that is the reason I called it up this morning. I believe it to be 
a bill of very great importance to the people interested in ob- 
taining titles under the several land laws of the United States. 
I hope, therefore, that no further amendment will be made, and 
that the bill will pa,ss. 
j Mr. COCKRELL. There is no question in the world that the 
f titles to land ought to be decided a great deal more promptly 
than they are and the business of the Land Office otight to be 
; brought up currently, and it can be done. I am very glad to 
I know that the present Commissioner has made some progress in 
that lino, but the work does not progress as rapidly as it should. 
I do not think the act referred to, extending jurisdiction to the 
! courts of the United States in claims against the Government, 
I has proved beneficial; but this is a question of title to land, and I 
t suppose suit would b^ brought in the district where the land is 



situated. As a matter of course, before the claimant can get 
judgment for a patent he must show that his entry is complete. 
For that reason the Government loses nothing and he does not 
get any judgment from the Government for any money consid- 
eration or anything of that kind. It is simply a declaration of 
his right to a patent. 

INIr. MITCHELL. The judgment stands as a patent. 

Mr. COCKRELL. If one man does not get the public land, 
another will. I will not suggest any further amendment. 

Mr. MITCHELL. It has been held that this same jurisdic- 
tion wa-i conferred by the act of 1887, which this bill proposes to 
amend, but on appeal to the Supreme Court of the United States 
they reversed it, and said it did not include a case ot this kind. 
Hence this bill. 

The bill was reported to the Senate with amendments, and the 
amendments wore concurred in. 

The bill was ordered to be engrossed for a third I'eading, read 
the third time, and passed. 

EXTENSION OF NORTH CAPITOL STREET TO SOLDIERS' HOME. 

The bill (S. 2fi37) to extend North Capitol street to the Sol- 
diers' Home was announced as next in order. 

Mr. VEST. That is a bill in which the Senator from Ohio 
[Mr. Sherman] is interested, and it will lead to debate. It had 
better go over. 

The PRESIDENT pro tempore. Bsing objected to, the bill 
will be pass:d over. Does the Senator desiie it to ga over 
without prejudiceV 

Mr. VEST. Yes. sir. 

The PRESIDENT pro tempore. The bill will be pasteJ over, 
retaining its place on the Calendar under Rule VIIL 
DISTRICT SUBURBAN R.-VILWAY. 

The bill (H. R. 429) to incorporate Ihi District of Columbia 
Suburban Railway Company was considered as in Committee of 
the Whole. 

The bill was repor'.ed fiom the Comm'ttee on the District of 
Columbia with amendments. 

Tlte PRESIDENT pro ;e?H2J0iT. The first amendment of the 
committee will be state'd. 

Mr. STEWART. I was going to call attention to a matter in 
the lastsection that th3 Senator in cha"ge of the bill may consider 
it. I wish to make a suggestion to him before the committse 
amendments are acted on, and he can consider it in the mean 
time and determine whether it is necessary to change the lan- 
guage. 

I observe in the bill that the company is required to keep its 
road outside of other roads in tlu District, and of course it will 
have to acquire land in order to carry out the idea of the bill. 
In the last section it is provided that if the company can not make 
agreement with the land owner.i where the r jad goes over jH'ivate 
land the usual proceedingsfor condemnation shall be instituted. 
Now. there is no appropriation in the bill to provide for that con- 
demnation, and only ,$5,000 are appropriated in the general Dis- 
trict of Columbia appropriation bill for such purposes. 

Mr. HARRIS. This is a mere private corporation, and it is to 
pay tor the condemnation. 

Mr. STEWART. That is what I was going to suggest, that 
there ought to be an amendment to that effect. If it is the in- 
tention that a private corporation shall pay for the land it ac- 
quires thei-e ought ti be a i^roviso at the end of the section stat- 
ing- that it shall furnish the money. That was required in the 
caw of the Rock Creek Railroad. 

Mr. COCKRELL. This is not the District of Columbia ap- 
proiiriation bill. This is an individual measui-e, and has noth- 
ing to do with the District revenues. The corporations are 
bound t5 ]5ay under the general law. 

Mr. HARRIS. The suggestion of the Senator from Nevada 
is wholly unnecessary. This is a private corporation, and if it 
takes any prccedings to condemn it must put up the money. 
The Government has nothing whatever to do except to create 
the corporation and grant the right to construct its road. 

Mr STEWART. Theusual way of condemning in this District 
is for the District of Columbia to proceed. 

. Mr. HARRIS. Where the condemnation is for District or 
governmental purposes, but no other. 

Mr. COCKRELL. This is a private corporation. 

Mr. STEWART. Is there sufficient provision for condem- 
nation proceedings in the general incorporation law for rail- 
roads? Has not that been superseded so that there is no pro- 
ceeding provided for such a case? 

Mr. HARRIS. There is a general law on the subject in the 
District, under which this proceeding may go forward. 

Mr. STEWART. Without further language in the last sec- 
tion of the bill? 

Mr. HARRIS. Yes; nothing further is necessary. 



5422 



CONGEESSIONAL RECORD— SENATE. 



June 20, 



Ml- STEWART. If that has been oxamined, all right; butt 
am afraid that there is no jn-ovision in the District now appli- 
cable. There was a general incorporation law for railroads of 
all kinds. , , . ^, 

Mr. HARRIS. This bill was drafted by the attorney of the 
corporators, who carefully examined the question, and by the 
subcommiltoewho reported it. There is no trouble whatever 
upon the point the Senator suggests. 

Mr. STKWART. If we have a general law under which the 
company can act without further words being added, I have no 
objection. 

Mr. HARRIS. Yes, that is the case. 

Mr. STEWART. I have some- doubt about it myself. 

The PRESIDENT pro tempo}x\ The committee amendments 
will be proceeded with in order. 

The first amendment was, in section 1, line 24, before the work 
"street," to strikeout "Seventh," and insert "Twelfth:" in the 
same line after the word "east," to strike out: 

Aud theuce along Seventh street east to its intersection withPcunsylvania 
avenue; also becrlnniu!? at the intersection of said roadway on Maryland av- 
enue at Twelltli'street northeast, and rnnniug thence northvv-ard on 1 welfth 
street east to Bonndary street, aud thence northward across Boundary 
street, passing in the vicinity of the National Fair Grounds; thence north- 
ward to and along Twelfth street to Philadeliihia street, Brookland. Begin- 
ning at North Capitol and G streets northwest, thence along E street east to 
First street northeast, theuce south along First street to F street north- 
east, theuce aloug F street east to Twelfth street northeast, thence along 
Twelfth street to Boundary street. 

And insert: 

Thence south aloug Twelfth street cast to D street east, thence west aloug 
D street to Eighth street northeast, thence south on Eighth street to Penn- 
sylvania avenue, thence westerly ou Pennsylvania avenue to Seventh street, 
thence north on Seventh street to C street east, thence east on C street east 
to Twelfth, thence north onTwelfth to and across Florida avenue: Provided, 
That on D street east, Eighth street east, Seventh street east, aud C street 
east only a single track shall be laid. 

In line 48, after the word •' along," to strike out "Thirteenth " 
and insert " Twelfth;" in line .li, after the word " to," to strike 
out "Galveston" and insert " Frankfort;" in line 53, after the 
word " street," to insert " in Langdon;" in line 55, after the v,'ord 
"and," to strike out " that portion " and insert "those portions:" 
and in line 56, after the word " road," to strike out "between the 
District line and Fifteenth street cast," and insert "outside the 
city of Washington;" so as to make the section read: 

Tliat Eppa Htinton, Charles E. Creecy, John T. Mitchell, M. F. Morris, J. 
W. Denver, L. G. Hine. Gilbert Moyers. S. E. Mudd, Kobert A. Howard, W. 
I. Hill, John W. Childres-, J. F. Kenney, D. W. Glassie, Harry Barton, Pile- 
mon W. Chew, T. C. Daniel, G. P. Dans, Jere Johnson, aud L. C. Loomis, 
and their associates, successors, and assigns, are hereby created a body cor- 
porate by the name, style, and title of ■ The District of Coltimbla Subtirban 
Ilailway Company," and by that name shall h;ive perpetual succession, and 
shall be able to siie and be sued, plead and hi iuapieaded, defend aud be de- 
fended, in all courts of law and equity within the United States, and may 
make and have a common seal. And said corijoration is hereby atithorizcd 
to construct and hay down a single or double track railway, as may be ap- 
proved by the Commissioners of the District of Columbia, with the nectCs- 
sary switches, ttirn-outs, and other mechanical dences, in the Disti'ict of 
Columbia, through and along the following routes; Beginning at the di- 
viding line between the District of Columbia and the State of Maryland, on 
the Bladensburg road, and ritnning thence outside of and along the road to 
Maryland avenue and Fifteenth street northeast, thence along Maryland 
avenue to Twelfth street east, thence south aloug Twelfth street east to D 
street east, theuce west along D street to Eighth street northeast, thence 
south onEighth street to Pemi.sylvauia avenue, thence westerlyon Pennsyl- 
vania aventie to Seventh street, thence north on Seventh street to C street 
east, thence east on C street east to Twelfth, thence north on Twelfth to ;iud 
across Florida aveiuie : Providtd, That on D street east. Eighth street east. 
Seventh street east, and C street cast only a single track shall be laid; 
thence along Twelfth street, extend to Mount Olivet road, thence along 
Mount Olivet road to Corcoran road, thence along Corcoran and Fairview 
roads to Patterson P-venne, thence by stich line as may be authorized by he 
Commissioners of the District of Columbia to and along Twelfth street, 
Brookland, to Philadelphia street. And beginning at Mount Olivet road, 
and Capitol street. Ivy City, thence along Ciipitol street, thence in line to La 
Fayette avenue, Cincinnati street, and Twenty -fourth street to Fr.mkfort 
street in Langdon: Provided, That all of the rotttes herein mentioned shall 
be subject to the approval of the Commissioners of the Districtof Columbia, 
and those portions of said road outside the city of Washington shall be con- 
structed before any jjart of said road within the city limits shall be occupied 
or broken for the pttrpose of said railway; whenever a permanent system 
of streets and highways shall have been established and laid out in the stib- 
urban portion of the District contiguous to the route of this railroad, said 
company shall, when reqtiired by tiio Commissioners of the District, cause 
such changes to be made in the location of its tracks as said Commissioners 
shall require In order to make the route of said road conform to such streets 
and highway system. Wherever the route of this road coincides with that 
of a cotmtry road the railway shall be constructed along and outside of such 
road. Said company shall keep the space between its tracks, and 2 feet 
outside of its tracks in such condition as may be reqttired by said Commis- 
sioners. 

■ The amendment was agreed to. 

The next amendment was, in section 2, line 2, after the word 
"power," to strike out "subject" and insert " Provided, That il 
electric wires or cables be used within the limits of the city of 
Washington, the wires shall be placed under ground, and the 
jjower used shall be subject; " in line 13, after the word " high- 
ways," to strike out " that may be deemed; " so as to read: 

That said company may rim public carriages propelled by cable, electric, 
or other mechanical power : Provided, That if electric wires or cables be 



used within the limits of the city of Washington, the wires shall bo placed 
underground, and the power used shall be sub.iecl to the approval of the 
said Commissioners; but nothing in this act shall allow the use of st**am 
jiower or any motor which shall in its ojieration caui^ie an/ uoise or other 
disturbance which in the judgment of said Commissioners shall be inimical 
to the public safety or comfort: Provided further. That for the purpose of 
making a continuous connection the said compauj' shall have the right to 
cross all streets, avenues, and highways necessary for this purpose. 

The amendment was agreed to. 

The next amendment was, in section 3, line 3, after the v.-ord 
"Columbia," to strike out "and the said company may makear- 
I'angemenls with all existing railway companies in the District 
of Columbiafor the interchange of tickets in payment of fare on 
its road;" and insert: 

Provided, That wherever the route of the company, as provided for la this 
act, shall cross or connect with the route of any other street railway In the 
city of Washingtoir, passengers shall be transferred from one road to the 
other without the payment of extra fare. 

.So as to make the section read: 

That said comp.any shall receive a rate of fare not exceeding 5 cents per 
jiasse-ager for any distance on its route within the District of Coltrmbia: 
Provided, That wherever the route of the comp;iuy , as prortded for in this act. 
shall cross or connect with the route of any othfrstreetrailwayin thecity of 
Washington, passengers shall be transferred from one road to the other with- 
out the payment of extra fare: Proviiied, Th;tt within the District limits six 
tickets shall be sold for 25 cents. 

The amendment was agreed to. 

The next amendment was, in section 4, line 6, before the word 
"receipts, "to insert "bonded and other indebtedness and the;" 
so as to read: 

That said comjjauy shall, on or before the 15th of January of each year, 
make a report to Congress, through the Commissioners of the District of 
Columbia, of the names of all the stockholders therein and the uniouut of 
stock held by each, together with a detailed statement of th? bnr.ded ;ind 
other indebtedness and the receipts and expenditures, etc. 

The amendment was a,greed to. 

The next amendment was, in section 8, line 14, after the word 
"company," to insert the following proviso: 

Provided, That wherever the railroad shall be built along anyroad, the 
sp:Lce between the inner rail of said raiirotid and the roadway shall be graded 
and put in good order for public use at the expense of the company and sub- 
ject to the approval of the Commissioners of the District of Columbia: Pro- 
vided also. That the construction of said railroad on any street where there 
are or may be any mains, fixtures, or apiJaratus pertaining to the Washing- 
ton Aqueduct shall be subject to such conditions as may ba approved by the 
.Secretary of War, which conditions must be obtained and t^e accepted In 
Miiting by said company before commencing any work on such street; and 
no steam cai's, locomotives, or passenger or other cars for ste;tin railroads 
shall ever be run on the tracks of said company over any such m:iin, fixture, 
or apparatus. The said railroad shall be subject to the requirements of sec- 
tion 15 of the act of Congress approved February a*. 1891, entitled '-.^n iict to In- 
corporate the Washiugttm ami Arliugtou Hallway Compiuiy of the District of 
Columbia." The said comp:iny shall, l«:'f(»re commencing work ou s;iid rail- 
road on such street, dep(:isit with the Tre:isurrr of the United Stales to the 
credi t of the Washington Aqueduct such sum as t he , Secret ary of W ar may con- 
sider necessary to defr:iy all the expi'nses th:it may lie incurred by the United 
States in connection with the inspection of the work of construction of said 
railroad on such street, and In makiug good any dama.ges done by s;iid com- 
jiauy, or its works, or by any of its t ontracting'agents, to any of said mains, 
nxtures, or apparatus, aud In completing, as the Secretary of \V ar may deem 
necessary, any of the work that the said company may neglect or refuse to 
corajiletc and that the Secret:iry of War may consider necessary for the safety 
of siiid mains, fixtures, or apparatus, and the said company shall also de- 
posit as afor<;tfaid such further sums for said purposes at such times as the 
Secret.aryof War m:iy consider necessary: Provided. That the said stun shall 
he disbiu'sedlikc other moneys appropriated for Ih- Washingt(m Aqueduct. 
aud that whatever shall rcm;iin of said dci>osits at the end of one year after 
the completion of said railroad in such street shall be returned to said com- 
pany on the order of the .SecreUiry of War. with an accomit of its disburse- 
ment in detail: And prvvid'yt aho. That disbursements of said deposits shall. 
except in case of emergency, be made only on the order of the Secretary 
of War. The exercise of the'rights by this act granted are to terminate at 
the pleasiu-e of the Secretary of V.'ar In case of parsislcnt neglect by said 
comiiiuiy, or by its successors, to make the depo.sits. or to comply with any 
of the conditions, requirements, and regulations aforesaid. 

The amendment was agreed to. 

The next amindmunt was, in section 11. line 1, after the word 
"company," to strike out "from Bladensburg to Pennsylvania 
avenue east;" in line ;;, after the word "within," to strike out 
" eighteen months " and insert " two years," and in lino 4, after 
the word " act," to strikeout "and the branch of the same shall 
be completed within thi'ee years from the passage of this act" 
and insert "otherwise this act shall b.3 of no eltect: " so as to 
make the section read: 

SEC. II. That the line of said railway company shall be commenced within 
six months and completed tvithin two years from the passage of this act, 

otherwise this act shall be of no effect. 

The amendment was agreed t«. 

The next amendment was, in section 12, line 2, after the word 
"exceed," to strike out "$400,000" and insert "$200,000;" so as 
to read: 

That said company is hereby authorized to Issue its capital stock to an. 
amount not to exceed $300,000, in shares of $100 each. 

The amendment was agreed to. 

Mr. HARRIS. In section 15, line 3, the word " bj " should be 
inserted after " may:" so as to read "as may be necessary." 



1892. 



CONGRESSIONAL RECORD— SENATE. 



5423 



Tho PRESIDENT pro tempore. That correction will be made. 

Mr. HUNTON. I offer an amendment to the first section of 
tho bill. In line 3 I move that the name of Eppa Hunton as 
one of the incorporators be stricken out and that of Richard K. 
Cralle be inserted in its place. 

Tho amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The amendments were ordered to be engrossed and the bill to 
be I'ead a third time. 

The bill was read the third time, and passed. 

Mr. HARRIS. I move that the Senate request a confei-ence 
with the House of Represontatives upon the bill and amendments. 

The motion was agreed to. 

By unanimous consent, the Presiding Officer was authorized to 
appoint tho conferees on the part of the Senate, and Mr. Mc- 
Millan, Mr. Perkins, and Mr. Harris were appointed. 

LIGHT-HOUSE STEAMER PANSY. 

The bill (S. 1292) to remit the penalties on the light-house 
steamer Pansy was considered as in Committee of the Whole. 
It proposes to pay to Baird, Houston & Co., or their assignee, 
$l,2,'i0, that laeing the amount of time penalties imposed on the 
firm under their contract for building tho light-house steamer 
Pansy. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a tliird reading, read the third time, 
and passed. 

PUBLIC GROUNDS IN ABINGDON, VA. 

Tlie bill (H. R. 4620) to authorize the Secretary of the Treasury 
to consent to the use of a portion of the public grounds of the 
United States in the town of Abingdon, Va., for a public street was 
considered as in Committee of the Whole. It authorizes the Soc- 
i-etary of the Treasury to consent to the use of so much of the public 
grounds belonging to the United States in the town of Abing- 
don, not exceeding 30 feet in width, on the west side of the 
grounds, for a public street in the town, upon such terms and 
conditions as he may deem proper for the protection of the rights 
of the United States. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

ENLISTED FORCE OF NA\"Y. 

The bill (S. 2094) to promote the efficiency of the enlisted force 
of the Navy was annovmced as next in order on the Calendar. 

Mr. COCKRELL. Let that bill be passed over. The Senator 
who reported it is not present. 

Mr. PRYE. It will he passed over informally? 

Mr. COCKRELL. Certainly. 

The PRESIDING OFFICER (Mr. Gallingee in the Chair). 
The bill will be pas.'^ed over informally, v,-ithout prejudice. 

GEORGE C. FOULK. 

The bill (S. 1713) for the relief of George C. Foulk was consid- 
ered as in Committee of the Whole. It proposes to pay, upon pre- 
sentation of a proper account and vouchors, to George C. Foulk, 
late a lieutenant of the junior grade in the Navy of the United 
States, $2,030.14, salary as such lieutenant, at the rate of $1,.500 
per annum, from the 22d day of December, 1884, to the 12th day 
of June, 1880, inclusive, and for an additional period from the 1st 
day of September, 188(3, to the 11th day of December, 1886. in- 
clusive, not heretofore paid. 

Mr. COCKRELL. I do not see in my files the report in that 
case. 

Mr. CHANDLER. I hope the Senator will not object to the 
passage of this bill. This allowance to Mr. FouLk has been rec- 
ommended by the State Department, and I assure the Senator 
that it is entirely a just claim. 

Mr. COCKRELL. Let the report be read. 

The PRESIDING OFFICER. The report will be read. 

The Secretary proceeded to read the report, submitted by Mr. 
Cameron from the Committee on Naval Affairs,,3Iay 11, 1892. 

The PRESIDING OFFICER. The hour of 2 o'clock having 
arrived, it is the duty of the Chair to lay before the Senate the 
unfinished business. 

The Secretary. A bill (S. 51) to provide for the free coinage 
of gold and silver bullion, and for other purposes. 

Mr. CHANDLER. I ask that the unfi_nished business be laid 
aside until the pending bill can be disposed of. 

The PRESIDING OFFICER. The Senator from New Hamp- 
shire asks that the unfinished business be laid aside until the 
pending bill be disposed of. Is there objection? The Chair 
hears none, and it is so ordered. 



The Secretary resumed and concluded the reading of the report, 
which is as follows: 

The Committee ouNavalAlfairs, to whom was referred the bill(S. 1713) for 
the relief of George C. Foiilk, have had the same under consideration and 
heg leave to report it back and recommend its passage. 

The facts in this case are fully set forth in the appended coramunicatioa, 
which is herewith adopted as the report of this committee. 

[Hou.-se Ex. Doc, No. 449, Fifty-first Congress, first session.] 

TaEASUBY Dkpartmekt, July S3, IBOO. 
Sm: I have the honor to transmit herewith, for the consideration of Con- 
gress, a commuuication from the Secretary of State of the 19th instant, sub- 
mitting for an appropriation the claim of George C. Foulk, late a lieutenant 
iu the United States Na^-y and naval attachS to the legation of the United 
Stales at Seoul, Corea. 
ResiiectfuUy yours, 

W, WINDOM, Secretary. 
The Speaker of the House of REPRESENXAirvEs. 

Department of State. Washinglon.Jubj 19,ism. 
Sir: I have the honor to transmit herewith a draft of a proposed amend- 
ment tothependlng general detlciency bill for the relief of George C. Foulk, 
late a lieutenaut of the junior grade in the United States Navy. 

Mr. Foulk, at tho time an eusigu in the Navy aud in the line of promotion, 
was on the 13th of November, 1S83, designated by the President as naval at- 
tachS to the legation of the United Stales at Seoul. Corea. On the S3d of 
December, 1884, he was by force of circumstances over which he had no di- 
recting control, and by reason of his availability aud competency, placed iu 
charge of the legation upon the departure from Seoul of the minister, Gen. 
Foote. 

Mr. Foulk remained in charge until the 13th of June, 1883. On the 14th of 
May. 1885. he was instructed by the Secretary of State that from and after 
the departure of Gen. Foote from Seoul he was entitled to draw upon this 
Department for compensation as charge d'affaires ad interim at one-half of the 
salary of the minister, namely, 52,500 per annum; and for the contingent ex- 
penses of the legation in like manner at the rate of $3,0tX) per annum, which 
incluaed the salary of an interpreter; and he was further adi-ised at the same 
time that his salary as charge was iu lieu of the amount duo him as an officer 
in the United Slates Na\'y, Accordingly his salary as an oBlcer of the Navy 
for the ijeriod I have indicated and iu the sum of K,3I0.96 was withheld. On 
the 13th of Juue, 1886, Mr. Foulk was relieved, and thereupon proceeded. In 
ill health, to Japan, whence, about two mouths later, he was peremptorily 
ordered to return to Seoul and again take charge of the legation in his 
former capacity. He arrived there and took charge on the 1st of September, 
1880, and remained as chargfi d'affaires until the 11th of the following Decem- 
ber, during which period liis pay as an officer of the Navy, amoimting to 
^119.18, was again withheld upon the ground, as stated by the Fom-th Audi- 
tor of the Treasury, that no personcould hold two oSices not compatible and 
receive the compensation provided by law for each at the s.ame time. 

I dissent from that ruling, and in this relation I have the honor to invite 
your attention to the case of the United Stales against Saiuiders, report<*d 
in volume 130, United States Supreme Court Reports, pages 1 3G-1 30, which was 
a case on appeal from the Coirrt of Claims. January, 1887, aud in which the 
opinion of the Supreme Com-t was expressed in the following language : 

•'Vie are of opinion that, taking these sections altogether fsectious 1763, 
1764, and 1765, Revised Statutes of the United States], the purpose of this 
legislation was to prevent a person holding an office or appointment, for 
which the law provides a definite compensation by way of salary or other- 
wise, which is Intended to cover all the services which, as such officer, he 
may be called upon to render, from receiving extra compensation, addi- 
tional allowances, or pay for other services which may be requu-ed of him 
eitherby act of Congress or by order of the head of his Department, or in 
anv other mode, added to or connected with the regular dulies of the place 
which he holds, but that they have no appllcjvtion to the case of iwo distinct 
offices, places, or employments, each of which has its own duties and its own 
compensation, which olBces may both be held by one person at the same 
time. Iu the latter case he is iu the eye of the law two officers, or holds two 
places or appointments, the functions of which are separate and distinct, and, 
according to all the decisions, he is iu such case entitled to recover the two 
compensations. In the former case he performs the added duties imder his 
ai^pointment to a single place, and the statute has provided that he shall re- 
ceive no additional compensation for that class of duties unless it is so pro- 
■\-ided by special legislation. ' ' 

I am informed that the accounting officers of the Treasury do not regard 
the opinion in the Saunders case as applicable to the case of Mr. Foclk, 
again alleging as a reason the ■• incompatibility " of the two offices he held. 
But I do not find that the honorable com-t considered the question of com- 
patibility as at all essential to the conclusions reached, and I am Inclined tc 
regard the opinion a.s clearly if not iwculiarly applicable tp the cas^ or Mr. 
Foulk. There is. however, another and parallel view of the matter to "vvhich 
I have the honor to in\-it6 your attention. 

Section ICSB. Revised Statutes of the United States, prov-ides that— 

"When to any diplomatic office held by any person there Is superadded 
another, such person shall be allowed additional compensation lor his serv- 
ices in such superadded office, at the rate of SO per cent of the amount al- 
lowed by law for such superadded office, and for stich time as shall be actu- 
ally and necessarily occupied in making the transit betweenthetwoposts of 
duty, at the commencement and termination of the period of such super- 
added office, and no longer, and stich superadded ofilce shall be deemed to 
continue during the tinie to which it is limited b.v the terms thereof." 

Mr. Fotilk's functions and duties were dual. He was instructed to report 
both to the Na'iT Department and the Department of State, and he did so, 
as I am informed and believe, wWh great acceptability. Regarded as a naval 
officer performing the additional duties as charge d'affaires, the opinion in 
the Saunders case would seem to govern his owni: regarded as a diplomatic 
officer (naval attachS), performing the same additional duties in the office 
of minister, under the designation of charge d'aCaires. section 1686 of the 
Revised Statutes, would, it appears, determine the rate of his compensation. 

I have been moved to urge his apparent lights upon yoiu* attention not 
only by reason of the law and equity in his case, but as well because of the 
peciiUar hardships entaUed upon him through the anomalous position he 
occupied under instructions from tills Department, and tho exigencies of 
the situation in Corea during the two i)eriods of his incumbency ^s charge 
there. He was obliged, at no desire of his 0"vvn, to perform the dulies and 
maintain the official and social status of a regularly aecreditedmlnister. but 
without adequate means of defraying the neeessaiy incidental expense. 

Compliance with his repeated request to the Dep.artment of State for re- 
lief (by the appointment of a minister) appears to h.ave been unavoidably 
delayed. He was subject to humiliations, he was compelled to ixirrow money 



CONGRESSIONAL RECORD-SENATE. 



June 20, 



,„ ,„ninfiin his Official as his personal standing, and there Is no doubt that, 
to ™a",lj^Lifo Sored hoUi Dlivsically and mentally. He was careful 
™omp and'lntell Igenr n th^ff^^^^^^ his duties, and the Secretary o 

Sa e wks glad to coDiplinient him offlcTally in uuralstakable terms in a letter 
t^tiiB Secretary of the Navy dated November 1, 1»»/. . 

^Un inrbo h ttie pe?fods ill which he acted a«eh^^rg6 d'affaires at Seoiil Mr^ 
•pii.iirwT.sanofflcerof the Navy entitled to Iho pay of a lioutonant of the 
»• ^rnd "at the i°^te of *1,d(Jo per annun,, thro.igh P™'""''"" "^y ^P"" 
itionot law afterwards conflrmed by an ex.immatlou successfully passed. 

"^ThfDepSS wil/™e'oVll'ed H ^ou will immediately bring this request 
to tScattSton of Congress, t^o the 'i.nd that the appropriation asked toi 
may lie included, it possible, in the pending deliciency bill. 

I have the honor to be, sir, your obedient sei'\^nt^,^Y j^ adEE, 

Acting Secretary. 

The SEC11ET.\RT OF THE TREASURY. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

INQUIRY CONCERNING RAILWAYS. 

The PRESIDING OFBICER. The unlinished business is be- 
fore the Senate. . , ^ -i 

Mr CALL I ask that the unfinished business be temporarily 
laid aside that I may call up the resolution introduced by me on 
the 23d of April, and which was ordered to lie on the table. 

The PRESIDING OFbTCER. The Senatorfrom Floridaasks 
that the unfinished business be temporarily laid aside. Is there 
obiection'^ The Chair hears none. The Senator from Florida 
asks that the resolution indicated by him be now considered by 

the Senate. , , ^ , .cT.-i,i 

Mr FRYE. I should like to ask the Senator if he intends 
to ask that the resolution shall be passed when his speech is con- 
cluded? ^ , . , ., • 

Mr. CALL. I do not. Other Senators, I vinderstand, desire 
to make some observations upon it. 

The PRESIDING OPPICEU. The resolution will bo read by 
the Secretary. 

The Secretary read the resolution, as follows: 

ncsolned That a sppcial committee of the Senate shall be, and is hereby, 
created, to consist of nine members, chosen by resolution of the Senate, who 
shall be charged with the duty of inquiring into and rejiorting to the beiiate 
the present value per mile of the railways of the United States ; also the pres- 
ent capitalization of the same, and the difference, if any, between the capi- 
talization and the actual cost of construction and equipment of said r.ailways; 
also to Inquire and report to the Senate the gross .and net receipts of all and 
each of the railway companies in the United States ; the number of employes 
and the compensation paid to each; the amount of the bonded indebtedness; 
the amount of its outstanding capital stock; the kind and value of all prop- 
erty whether money, stocks, and bonds, or real and personal estate; the 
names and residence and amount of stock or bonds held by each stockholder 
or bcmdholder of each .and all of such railroads. 

That the committee shall have power to send tor persons and papers and 
to compel their atten.ance, and to employ a clerk and stenographer. 

That the committee shall also inquire and report to the Senate whether any 
of said railway companies, their stockholders or bondholders, agents or em- 
ployes have used or attempted to use their corporate privileges or powers, 
or money, to influence and control the elections of members of Congress or 
the members of the State Legislatures. , ^ ^ 

That the committee shall alsoreport the amount of stocks and bonds owned 
or controlled abroad, and the rate of interest. 

Mr. FRYE. This is the resolution about which the Senator 
explained? 

Mr. CALL. It is. 

Mr. FRYE. And it will lie on the table after the Senator's 
speech? 

Mr. CALL. It will lie on the table after my remarks. 

The PRESIDING OFFICER. The question is on agreeing 
to the resolution upon which the Senator from Florida is en- 
titled to the floor. 

[Mr. CALL addressed the Senate. See Appendix.] 

Mr. CHANDLER. Mr. President, I sympathize entirely with 
the desire of the Senator from Florida that this resolution of 
investigation may be passed. It is truly lamentable to contem- 
plate the evil condition, as the Senator has depicted it, of the 
Democratic party of Florida, which has fallen, according to him, 
thus wotully under the corrupt control of corporation power. 
When I contemplate the overwhelming forces which the Senator 
has described as exercised by the railroad corporations of Florida 
for the purpose of defeating his reelection, I wonder that he has 
managed to survive in order to address the Senate of theL^nited 
States as a member of this body against the corporations which 
have attempted his defeat. 

I take occasion to say to the Senator, by way perhaps of con- 
solation, that the Democratic partyof New Hampshire is equally 
under corporation bonds, and that almost every word which he has 
uttered concerning the methods adopted by the railroad corpora- 
tions of Florida for the purpose of taking possession of the Dem- 
ocratic party of that State, has been and is true, and those 
methods have b 'en and are exercised in New Hampshire for the 



purpose of giving to those corporations the control of the De- 
mocracy of New Hampshire. 

I am bound in all candor also to say that the railroad corpora- 
tions of New Hampshire have a very large influence in the Re- 
publican party, to which I belong. The evil of corporation con- 
trol, which the Senator has described, is not in New Hampshire 
confined entirely to the Democratic party, bitt in a large meas- 
ure, although not in so large a measure, extends to the Repub- 
lican party. . ,,-„., 

Perhaps the reason that the corporations of Florida conhne 
themselves so closely to the domination of the Democratic party 
is because the Republican liarty has become so small, at least in 
the number of its members who got to the polls, that it is not 
worthwhile for the railroad corporations of Florida to under- 
take to exert similar inlhiences upon the Republicans of that 
State. 

Mr.' President, I had supposed that there would be no objec- 
tion to the passage of the resolution offered by the Senator, but 
I have been informed that the Senator gave assurance to the 
Senator from Maine [Mr. FR'i'E] that he would not ask lor a vote 
up; in the resolutions this afternoon. I then suggest to the Sen- 
ator that, if he has no objection, the resolution had better be 
referred to the Committee to Audit and Control the Conlinpent 
Expenses of the Senate, from which it will be reported back and 
go u])on the Calendar, and then bo ready for action. If the Sen- 
ator has no objection. I will make that motion. 
Mr. DOLPH. Has the resolution been referred? 
The PRESIDl^NT pro Umpon. The resolution must go to the 
Committee to Audit and Control and Contingent Expenses of the 
Senate under the rules, as it makes a charge on the contingent 
fund. - , , . 

Mr. CHANDLER. I will move, if the Senator has no objec- . 
tit>n, that the resolution be referred to that committee. 

Mr. CALL. I wish to say in reply to the Senator from New 
Hampshire [Mr. Chandler] that the Democratic jjarty of Florida 
is not in the deplorable condition ho suppo.ses. The sentiment 
of the Democratic people, and I hope of the Republican people— 
for I did not make a partisan sp. ech— is that all true and loyal 
American people, alike devoted to the institutions of their coun- 
try, desirous to preserve our free institutions, in my opinion, will 
resist the men who rely upon controlling their organizations by 
the exercise of corporate power. Therefore, I wish to repudiate 
the idea that there is anything in what I said to indicate that 
the people who are controlling the power of the Democratic party 
in the State of Florida are not a unit upon all these questions. 

In reference to other matters they honestly differ with their 
Republican friends, and there have been here Republican gen- 
tlemen to-day, strong in the national faith of their party and 
supporting their candidates, who unite with the Democratic peo- 
ple of Florida upon local issues because of peculiar circumstances 
which are incident to that State and to other Southern Stat.s. 
It was not, however, my intention to speak in a manner which 
cast censure upon either political party, but to review the jiublic 
condition in a fair and just spirit. If I had desired to be partisan 
in luy utterances I might have said that a great Republican organ 
which I road this morningcharged distinctly upon the late Repub- 
lican national convention that it sa-^'tion had been controlled by this 
same evil of corporate power and influence. I do not wish to 
make that charge; I do not believe that charge was true in this 
instance: but yet it has been made, and made upon the Republi- 
can party in regard to its late nominations by the convention at 
MinueaDolis. 

But, Mr. President, I merely wi.shed to vindicate my own 
State. I have no charges to make against the Democi-atie party. 
I am a Democrat, and the defender of the party, its princiiiles, 
and its organization. 

The Democratic i arty of Florida is capable of protecting itself 
against these evils. I have charges to make against the public 
men. the politicians, the representatives of corporate power in 
any iiolitical party who seek to trample the rights and liberties 
of this free country into the mud of control by foreign and im- 
pi'oper infiuences. 

Mr. GALLINGER. Mr. President, I have listened with a 
great deal of interest and pleasure to the discussion of this ques- 
tion by the Senator from Florida [Mr. Call], and I am very 
glad to find, upon examining the resolution which he offered 
some time ago, that this inquiry, if it is made at all, will not 
ajjply alone to the State of Florida, but will be applicable to 
other Stales of the Union. 

I will venture to make the suggestion now that if this i-esolu- 
tion passes, as I trust it may pass, and this commission is formed, 
they will find it convenient to visit the State of New Hampshire, 
which certain gentlemen have advertised to the world as being 
absolutely under the control of her railroal corporations. I 
trust the'commission may come there, and make a thorough in- 



1892. 



CONGRESSIONAL EECORD— SENATE. 



5429 



religion or making- an ajipropriation of money for any sectarian 
purpose; wliich was referred to tlie Committee on the Judiciary. 

Mr. FELTON. I present a petition, numeiously signed by 
citizens of tlie PaciUc coast, and forwarded by A. C. Fish, of 
Rivei'side, Cal., praying Congress to provide or guaranty such 
necessary appropriation as will assist, protect, and hastsn the 
completion and secure the national control of the Nicai-agua Canal . 
I move that the petition be referred to the Committee on Foreign 
Relations. 

The motion was agreed to. 

Mr. FELTON presented sundry petitions of phj'sicians, teach- 
ers, and parents of California, praying for the passage of legis- 
lation to prohibit the manufacture, importation, and sale of 
cigarettes in the United States; which were referred to the Com- 
mittjo on Epidemic Diseases. 

He also presented a petition of the Bethel Literary and His- 
torical Association of the District of Columbia, praying forthe 
passage of Senate bill No. 1213, providing for the formation of 
associations in the District of Columbia for the purpose of con- 
ducting any lawful business and dividing the profits among the 
members thereof; which was referred to the Committee oa the 
District of Columbia. 

He also presented a memorial of the Seventh- Day Adventist 
Church of Little River, Cal., remonstrating ag'ainst the commit- 
mentof the United States Government to aunionof i-eligionaud 
the state by the passage of any legislation closing the World's 
Columbian Exposition on Sunday; which was referred to th_^ 
Committee on the Quadro-Centennial (Select). 

He also presented a memorial of sundry citizens of California, 
manufacturers of machinery, remonstrating against the admis- 
sion into this country of foreign-bviilt beet-sugar machinery free 
of duty; which was referred to the Committee on Finance. 

He also presented a jietition of sundry citizens of San Fran- 
cisco, Cal.; a petition of the National Woman's Christian Tem- 
perance Union of San Francisco, Cal.: a petition of the Evan- 
gelical Alliance of San Francisco, Cal., and vicinity, and a peti- 
tion of the Young People's Society of Christian Endeavor of 
California, praying for the passage of legislation to prohibit the 
importation and sale of the opium-smoking- extract; which were 
referred to the Committee on Finance. 

Mr. STOCKBRIDGE presented the petition of A. A. Marks 
and 89 other citizens of Burlington and Union City, Mich., re- 
monstrating against the commitment of the United' States Gov- 
ernment to a union of religion and the state by the passage of 
any legislation closing the World's Columbian Exposition on 
Sunday; which was referred to the Committee on the Quadro- 
Centennial (Select). 

He also presented a petition of sundry citizens of Michigan, 
praying for the passage of legislation prohibiting the sale, manu- 
facture, and importation of cigarettes in the United States; 
which was referred to the Committee on Epidemic Diseases. 

Mr. PERKINS presented a petition of the Congregational 
Church of Chapman, Ivans. , praying for the closing of the World's 
Columbian Exposition on Sunday, and that the sale of intoxicat- 
ing liquors be prohibited thereat: which was referred to thj 
Committee on the Quadro-Centennial (Select). 

Mr. PEFFER presented a memorial of citizens of Ness County, 
Kans., and a memorial of citizens of Washington County, Kans., 
remonstrating against closing the World's Columbian Exposition 
on Sunday; which were referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. VEST presented a petition of the Minist-ers' Alliance, of 
Sedalia, Mo., praying for the closing of the World's Columbian 
Exposition on Sunday; which was referred to the Committer 
on the Quadro-Centennial (Select). 

He also presented the memorial of M. W. Moss, and other m am- 
bers of the Seventh- Day Adventist Church of Henderson, Mo.: 
the memorial of M. E. Glenn, and other members of the Baptist 
Church of Sedalia, Mo., and the memorial of R. M. Ferges'sou, 
and other citizens of Pettis County, Mo., remonstrating against 
the commitment of the United States Government to a union of 
religion and the state by the passage of any legislation closing 
the World's Columbian Exposition on Sunday; which were re- 
ferred to the Committee on the Quadro-Centennial (Select). 

Mr. SANDERS presented the memorial of J. D. Heald and 83 
other citizens of Virginia City, Mont., remonstrating against 
the commitment of the United States Government to a union of 
religion and the state by the passage of any legislation closing 
the World's Columbian Exposition on Sunday; which was re- 
ferred to the Committee on the Quadro-Centennial (Select). 

Mr. CULLOM presented a petition of citizens of Chicago, 111., 
praying for the adoption of an amendment to the Constitution 
of the United States, prohibiting the passage of any legislation 
by the States respecting an establishment of religion or jn-e- 
venting the free exercise thereof; which was referred to the 
Committee on the Quadro-Centennial (Select). 



He also presented a memorial of the Yearly Meeting of Friends, 
of Chicago, III,, remonstrating against the passage of any legis- 
lation licensing the sale of intoxicating liquors in the Territm-y 
of Alaska; which was referred to the Committee on Territories. 

He also presented sundry petitions collected by the National 
Woman's Christian Temperance Union, signed by 17 citizens of 
Illinois, praying that no exposition on exhibition for which ap- 
propriations are made by Congress shall be opened on Sunday; 
which were referred to the Committee on the Quadro-Centennial 
(Select). 

He also presented memorials of sundry citizens of Illinois, re- 
monstrating against the commitment of the United States Gov- 
ernment to a union of religion and the state by the passan-e of 
any legislation closing the W^orld's Columbian Exposition on 
Sunday; which were referred to the Committee on the Quadro- 
Centennial (Select). 

He also presented petitions of the Methodist Episcopal 
churches of Smithboro, Towanda, North Evanston, and Moline; 
of the District Conference of the Methodist Episcopal Church of 
Mount Vernon District, Southern Illinois Conference, and of 
the Congregational Church of Hampton, all in the State of Illi- 
nois, praying for the closing of the World's Columbian Exposi- 
tion on Sunday and that the sale of intoxicating liquors be pro- 
hibited thereat; which were referred to the Committe3 on the 
Quadro-Centennial (Select). 

Mr. DAWES presented the petition of R. O. Ward and other 
citizens of Lynn, Mass., praying forthe closing of the World's 
Columbian Exposition on Sunday; which was referred to the 
Committee on the Quadro-Centennial (Select). 

He also presented the memorial of A. H. Clark and other mem- 
bers of the Seventh-Day Adventist Church, of .Springfield Mass., 
remons'. rating against the commitment of the United States 
Government to a union of religion and the state by the passage 
of any legislation closing the World's Columbian Exposition on 
.Sunday; which was referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. CALL presented a petition of the National Philatelieal 
Society of Villa City, Fla., praying for the passage of House bill 
No. 180, placing used and unused postage stamps on the free 
list; which was I'eferred to the Committee on Post-Offices and 
Post-Roads. 

REPORTS OF COMMITTEES. 

Mr. DAVIS, from the Committee on Pensions, to whom was 
referred the bill (S. 2272) granting a pension to Harriet W. 
Stevens, reported it without amendment, and submitted a re- 
port thereon. 

Mr. McMillan. I report back favorably, with amendme,™,, 
from the Committee on the District of Columbia, the bill (H. r! 
!tl72) to incorporate the Washington and Great Falls Electric 
Railway Company. I ask that it may take the place on the same 
subject of No. 734 on the Calendar. 

The PRESIDENT pro tempon. The Senator from Michigan 
asks the unanimous consent of the Senate that the bill now 
reported be substituted for the bill (S. 8041 to incorporate the 
Washing:ton and Great Falls Electric Railway Company. Is 
there objection'? The Chair hears none, and the House bill is 
substituted for the Senate bill on the Calendar. 

Mr. HARRIS. The Senate bill should be indefinitely post- 
poned. 

The PRESIDENT pro tempore. The Senat3 bill will be inde- 
finitely postponed. 

Mr. GALLING ER, from the Committee on Pensions, to whom 
was referred the bill (S. 30")1) granting a pension to Julia A. 
Hill, reported it without amendment, and submitted a report 
thereon. 

Mr. CULLOM. I am instructed by the Committee on Appro- 
priations, to whom was referred the bill (H. R. S224) making ap- 
propriations for the s-rvice of Post-Oflice Department for the 
fiscal year ending June 30, 1893, to report it with amendments, 
accompanied by a brief written report, which I ask be printed 
I give notice that I shall call up the bill fo:- consideration in a 
day or two. 

The PRESIDENT pi-o tempore. Meanwhile the bill will -he 
placed on the Calendar. 

Mr. ALLISON. I am instructed by the Cf mmittee on Ap- 
propriations, to whom was referred the bill (H. R. 9089) making 
appropriations for the Department of Agriculture for the fiscal 
year ending June 30, 1893, to report itwith amendments. I sub- 
mit a brief report. There are only a few amendments reported 
by the committee, and I give notice that to-morrow at some 
convenient hour I will ask the Senate to consider the bill. 

The PRESIDENT pro tempore The bill will be placed on 
the Calendar. 

Mr. VEST, from the Committee on Public Buildings and 
Grounds, reported an amendment intended to be proposed to the 
sundry civil appropriation bill, and moved that it be referred 



5430 



CONGRESSIONAL RECORD— SENATE. 



June 22, 



to the Committeo on Appropriations and printod; wbicli was 

agreed to. , 

He also, from, tlie Committee on Commeroo, to whom was re- 
ferred the bill (H. R. 8580) authorizing Aransas Harbor Ter- 
minal Railway Company to construct a bridge across the Corpus 
Christ! Channel, known as the Morris and Cummings Ship Chan- 
nel, in Aransas County, Tex., reported it with amendments. 

.Mr. QUAY, from the Committee on Commerce, to whom was 
referred the bill (S. 3179) authorizing- the Secretary of War to 
cause a survey to be made for a ship canal from Philadelphia 
across New Jersey to New York Bay, reported it without amend- 
ment. 

MRS. JENNIE VAUGHAN. 

Mr. DAVIS. I am directed by the Committeo on Pensions, to 
whom was referred the bill (H. R. 2425) granting a pension lo 
Mr.s. Jennie Vaughan, to repoi-t it favorably, without amendment, 
and I ask unanimous consent that the bill may be jJI^BiBP^'****- 
ered. 

There being no objection, the Senate, as in Committee ot the 
Whole, proceeded to consider the bill. It proposes to restore to 
the pension roll the name of Mrs. Jenni'j \'aughan, late wife of 
the late Capt. William Rovvo Ba.-cter, captain of Company H, 
Ninth Minnesota Volunteers. 

The bill was reported to the Senate without amendment. 

Mr. VEST. From the. reading of the bill, I understand that 
the beneficiary was a widow of some one else. How is that? The 
chairman of tne committee can explain. 

JNlr. DAVIS. The explanation is that Mrs. Vaughan was the 
wife of Capt. Ba.Kter. He was killed in the service and she ob- 
tained a pen.sion as his widow. She married again, and her 
second husband died, which accounts for the name of Vaughan. 

Mr. VEST. The second husband did not die in the service? 

Mr. DAVIS. Oh, no. It is simply restoring her to the pen- 
sion roll. 

The bill was ordered to a third reading. 

xMr. COCKRELL. Let the bill be read in full. It is a short 
bill. 

The bill was read the third time, and passed. 

MISSOURI RIVER BRIDGE AT OMAHA. 

Mr. VEST. Fro.n the Committee on Commerce I report back 
favorably, witliout amendment, the bill (S. ;)2i)9) to amend sec- 
tion 7 of the act approved June 22, 18S8, entitled "An act to 
authorize the construction of a bridge over the Missouri River 
at or near the city of Omaha, Nebr.,' and for other purposes. 
It is a very short bill, one in which the occupant of the chair is 
interested, and I ask for its immediate consideration. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and pas.sed 

MILLE LAC INDIAN RESERVATION LANDS. 

Mr. MORGAN. I am directed by the Committee on Public 
Lands, to whom was referred the joint resolution (S. R. 86) for 
the protection of tho.sc parties who have heretofore been allowc^d 
to make entries for lands within the former Mille Lac Indian 1 Jc-:- 
ervation in Minnesota, to report it favorably with(*W*wffend- 
ment. 

Ml'. WASHBURN. I ask unanimous consent for the present 
consideration of the joint resolution. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the joint I'esolution. It extends 
the jn-ovisions of tho second proviso to section (.i of the act of 
January 14, 1889, entitled "An act for the relief and civilization 
of the Chippewa Indians in the State of Minnesota," to all pre- 
emption or homestead filings or entries heretofore allowed for 
lands within the limits of the former Mille Lac Indian Reserva- 
tion in the State of Minnesota. 

The joint resolution was reported to the Senate without amend- 
ment, ordered to be engrossed for a third reading, read the third 
time, and passed. 

BILLS INTRODUCED. 

Mr. CULLOM introduced a bill (S. 3301) for the erection of a 
public building at the city of East St. Louis, 111.; which was 
road twice by its title, and referred to the Committee on Public 
Buildings and Grounds. 

He also introduced a bill (S. 3302) granting a pension to Mary 
Selbach; which was read twice by its title, and referred to the 
Committee on Pensions 

_ He also introduced a bill (S. 3303) granting an increase of pen- 
sion to Robert Ingram; which was read twice by its title, and, 
with the accompanying papei-s, referred to the Committee on 
Pensions. 

He also introduced a bill (S. 3304) for the relief of EmmaOchs; 



which was read twice by its title, and referred to the Committee 
on Pensions. 

He also introduced a bill (S. 3305) granting a pension to Mary 
Cassell; which was read twice by its title, and referred to the 
Committee on Pensions. 

He also introduced a bill (S. 3306) to recognize Louis Semmler 
as of the United States Veteran Volunteer Engineers: which was 
read twice by its title, and referred to the Committee on Military 
Afl'airs. 

He also introduced a bill (S. 3307) for the relief of Christian 
Schwarz; which was read twice by its title, and referred to the 
Committee on Military Affairs. 

Mr. DAWES introduced a bill (S. 3308) granting an increass 
of pension to Watson S. Bentley; whicli was read twice by its 
title, and referred to the Committee on Pensions. 

Mr. MCMILLAN introduced a bill (S. 3.30'J) for the relief of 
,i^therine E. Whitall: which wa.s read twice by its title, and re' 
ferred to the Committee on Military Affairs. 

Mr. DAVIS introduced a bill (S. 3310) to secure certain recip- 
rocal advantages to citizens, ports, and vessels of the United 
States: which was read twice by its title, and referred to the 
Committee on Foreign Relations. 

Mr. FELTON introduced a bill (S. 3311) to refer the claim of 
Jessie Benton Fremont t:.) certain lands and the improvements 
thereon in San Francisco, Cal., to the Court of Claims; which 
was read twice by its title, and referred to the Committee on 
Military Affairs. 

He also introduced a bill (S. .3312) relating to the equitable and 
legal rights of .Icssio Benton Fremont, in possession of certain 
lands and improvements thereon in California, and to provide 
jurisdiction to determine those rights; which was read twice by 
its title, and, with the accompanying papers, referred to the Com- 
mittee on Military Affairs. 

Mr. SAWYER introduced a bill {S. 3313) granting a pension 
to Alvin J. Gould; which was read twic3 by its title, and referred 
to the Committee on Pensions. 

Mr. HISCOCK introduced a bill (S. 3314) for the relief of E. 
Darwin Gage, late lieutenant-colonel of the One hundred and 
forty-eighth New York Infantry; which was read twice by its 
title, and, with the accompanying pa2)ers, referred to the Com- 
mittee on Military Affairs. 

Mr. PERKINS introduced a bill (S. 3315) to grant a right of. 
way to the Kansas City and Pacific Railroad Company through 
the Indian Territory and the Territory of Oklahoma, and for 
other purposes; which was read twice by its title, and referred 
to the Committee on Indian Affairs. 

Mr. CALL introduced a bill (S. 3516) to I'estore the Fort Jupi- 
ter military reservation, in the State of Florida, to entry: which 
was read twice by its title, and referred to the Committee on 
Public Lands. 

Mr. SANDERS introduced a bill (S. 3317) extending the time 
for the construction of the Big Horn Southern Railroad through 
the Crow Indian Reservation; which was read twice by its title, 
and referred to the Committeo on Indian Affairs. 

Mr. McMillan introduced a joint resolution (S. R. 90) pro- 
loosing an amendment to the Constitution of the United States 
providing for the election of electors of President and Vice- 



l^jwsident of the United States by direct vote of the people of the 
several States; which was read twice bvits title, and rcferre* 



the Committee on the Judiciary. 



■ed to 



AMENDMENTS TO APPROPRIATION BILL. 



Mr. SHERMAN submitted an amendment intended to be pro- 
posed by him to the sundry civil apijropriation bill; which was 
ordered to bo printed, and, with the accompanying papers, re- 
ferred to the Committee on Appropriat'ons. 

Mr. FELTON and Mr. PEPFER submitted amendments in- 
tended to lie proposed by them respectively to the sundry civil 
appropriation bill; which were referred to the Committee on 
Appropriations, and ordered to be printed. 

RECIPROCAL TRADE RELATIONS WITH CANADA. 

Mr. SHERMAN. On Monday, during my absence, a message 
from the President of the United States in regard to reciprocal 
trade relations with Canada was referred to the Select Commit- 
tee on Relations with Canada. It should be referred to the Com- 
mittee on Foreign Relations, as it involves questions of treaties, 
etc. I will make that motion. 

The PRESIDENT pro tempore. The Senatorfrom Ohio moves 
that the vote by which the message was referred to the Select 
Committee on Relations with Canada be reconsidered, and that 
the message be referred to the Committee on Foreign Relations. 
Is there objection to the change of reference? The Chair hears 
none, and it is so ordered. 

_ Mr. SHERMAN. I will also ask that word be sent to the Pub- 
lic Printer to give us the message in print as soon as possible. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



5431 



MARGARET KENNEDY. 

Mr. ALLEN. I askJor the reconsideration of the bill (S. 448) 
for the relief of Margaret Kennedy, which jjassed the Senate on 
Monday, and I ask its recall from the other House if it has been 
transmitted to that body. 

The PRESIDENT p)-o tempore. The Chair is informed that 
the bill has not been transmitted to the other House, and is in 
possession of the Senate. The Senator from Washington moves 
that the votes by which the bill was ordered to a third readin<j 
and passed bs reconsidered. 

The motion to reconsider was agreed to. 

Mr. ALLEN. I ask for the present consideration of the bill. 

The PRESIDENT pro tempore. The Chair liears no objection 
to the present consideration of the bill. The bill is in the Sen- 
ate and op n to amendment. 

Mr. ALLKN. In line i>, after the word '•eighty," I move to 
insert the word " e'ght; "" so as to read: "Approved ()ct')l)er II), 
18S8." The motion lor a reconsideration was made for the pur- 
pose of correcting a mistake by the draftsman of the bill in the 
date. 

Tha PRESIDENT pro tempore. Tlie question is on agreeing 
to tiic am.'ndment proiioscd by the Senator from Washington. 

Th'3 ain'udment was agreed to. 

Tlio bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

FREE COINAGE. 

The PRESIDENT pro tempore. Is there further morning 
business? 

Mr. SHERMAN. I understand that the Senatorfrom Kansas 
[Mr. Perkins] desires to address the S.mato upon the silver bill 
to-day, but will give way for the Calendar until 2 o'clock. 

MILITARY ACADEMY APPROPRIATION BILt,. 

Mr. CULLOM submitted the following report: 
The committee of conference on the disagreeing votes of the two Houses 
on liie amendments of the Senate to the bill (H. R. 4636) "making appropria- 
tions tor the support of the Military Academy for the tlscal year endina: 
June 30, 1893," having met. after full and free conference have agreed to 
recommend anddo recommend to their respective Houses as follows: 

That the Senate recede from its amendments numbered 3, 4, 5, 28, 29, 30. 33. 
34. and 40. 

That the House recede from its disagreement to the amendments of the 
Senate numbered 1, 3, 8, 9. 10. 11, 13, 13, U, 1.5, 16, 17, ]8, 19, 20, 31, 22, 23, 24, 25, 30, 27, 
31,3.=p, 36, 39,41.43, 43,44, and 45, and agree to the same. 

That the House recede from its disagreement to the amendments of the 
Senate numbered 6 and 7, and agree to the same with an amendment as fol- 
lows: Strike out the amended paragraph and insert in lieu thereof the fol- 
lowing: "For one clerk to the adjutant, SI.OOO;" and the Senate agree to the 
same. 

That the Hoitse recede from its disagreement to the amendment of the Sen- 
ate numbered 33, and agree to the same with an amendment as follows : In 
ieuof the sum proposed Insert "$15,120;" and the Senate agree to the same. 
That the House recede from its disagreement to the amendment of the 
Senate numbered 37, and agree to the same with an amendment as follows: 
In lieu of the sum proposed in the amended ijaragraph Insert "$1,000;" and 
the Senate agi'ee to the same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 38, and agree to the same with an amendment as follows : 
In lieu of the sum proposed insert "$250;" and the Senate agree to the 
.same. 

S. M. CULLOM. 
WM. M. STEVTART, 
WILKINSON CALL. 
Managers on the part of the Senate. 
JOS. WHEELER, 
WALTER C. NEWBERRY, 
J. A. T. HULL, 
Managers on the part of the Bouse. 

Mr. CULLOM. There is very little to be said about the re- 
port, as there are not a great many items embraced in it. I will, 
however, make astatement for general information. The amount 
of appropriations included in the bill as it was passed by the 
House was $396,60.5.18: the bill as passed by the Senate amounted 
to $434,827.33; the bill as agreed upon by the conferees of the 
two Houses carries with it the amount of $428,917.33; the amount 
included in the act for 1891 was $435,298.11; and the amount in- 
cluded in the act for 1892 was $402,064.64. The conferees had no 
serious difficulty in coming to an agreement. The Senate con- 
ferees consented to a large number of reductions of items, but 
insisted upon the main item which was inserted by the Senate, 
and which made the bill larger than that of the House, which 
was " for enlarging and increasing gas plant and for placing a 
two-light pendant, with slide light, in each cadet room" in the 
Academy. 

I do not think it is necessary for me to take up time by explain- 
ing the report item by item, as the items are small, though nu- 
merous. I ask that the report may bo concurred in. 

The report was concurred in. 

CHIEFS OF BUREAUS IN NAVY DEPARTMENT. 

The PRESIDENT pro tempore. If there be no further morn- 
ing business, the Calendar under Rule VIII is in order, and the 
first bill on the Calendar will bo stated. 

The bilI(S. 251) concerning the rank and pay of certain ofBcers 



of the Navy having served a full term as chief of a bureau in the 
Navy Dei>artment, was announced as first in order, and the Sen- 
ate, as in Committee of tho Whole, proce.-dod to its consideration. 
It provides that any officer of the Navy now on tho retired list 
who shall have been retired, after comijleliug forty years of sarv- 
ico or having attained the age of ()2 as now jn-ovidod by law, 
shall receive the rank and pay of commodore if he has served 
creditably a full term of four years as chief of bureau in the Navy 
Department. 

The bill was reported to the Senate witliout amendment, or- ** 
derod to be engrossed for a third reading, read the third tim-.-, and 
passed. 

MESSAGE FROM THE HOUSE. 

A message from the Houso of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that tlio House had rassod 
the bill (S. ]9.")2) to amend an act entitled " An act to am ■nd tiio 
statutes in relation to immediate transportation of dutiable 
goods, and for other purposes," approved Juno 10, A. D. 18^0, 
by extending tho privileges of th'j seventh section thereof t-j th-; 
port of St. Augustine, Fla. 

The message also announced that tlio House had disagr eJ to 
the amendments of the Senate to the bill (II. R. 410) to amead 
tho charter of the Eckington and Soldiers" Homo Railroad Com- 
pany, agreed to the conference asked by the Senate on tho dis- 
agreeing votes of the two Houses thereon, and had appoint d 
Mr. Heard, Mr. Richardson, and Mr. Post managers at th > 
conference on the part of the House. 

The message furtlier announced that th3 House had disagreed 
to the amendments of the Senate to ths bill (H. R. 429) to incor- 
porate the District of Columbia Suburba.i Railway Company, 
agreed to tho conference asked by the Senate on the disagreeing 
votes of the two Hous;s thereon, and had apiwinted Mr. Heard', 
Mr. Richardson, and Mr. Post managers iit the conference on 
the part of the House. 

extension op north CAPITOL street to soldiers' home. 
^ Mr. McMillan. I ask the Senate t? consider at this time 
Senate bill 2637, which was passed over day before yesterday 

The PRESIDENT pro tempoie. The bill having been passed 
over without prejudice, and remaining on the Calendar under 
Rule VIII, is subject to" call. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the bill (S. 2637) to extend North Capitol Street to the 
Soldiers' Home, which had been reported from the Committee on 
the District of Columbia with amendments. 

The amendments were, in line 4, before tho word '' grade," to 
insert "open and;" in line 6, after the word "condemn." to 
strike out ' ' any land not donated that ;" and insert '■ in the man- 
ner provided by law for the condemnation of land in the District 
of Columbia, such of tlie lands of. the Prospect Hill Cemetery 
and of Annie E.Barbouras;" in Una 10, before tho word "street," 
to strike out '•this"and insert "said ;" in the same line, before 
the word " thousand," to strike out " twenty-five '' and insert 
"ten;" in line 11, after the word "dollars," to insert "o^-so 
much thereof as may be necessary ;'' and in line 12, after the 
word "appropriated," to strike out "for the same "and insert 
"out of any moneys in the Treasury not otherwise appropriated, 
to carry out the provisions of this act: Provklul, That one-half 
of the said sum shall b^ paid out of the revenues of the District 
of Columbia: And prorided further. That one-half of the costs of 
such grading and condemnation shall he charged against and 
become a lien upon the abutting property, and the collection o;" 
such costs shall be enforced in the manner provided for the col- 
lection of general taxes;" so as to make the l^ill read: 

Be it enacted, etc.. That the Commissioners of the District of Columbia aro 
hereby directed to open and grade North Capitol street from T street to the Sol- 
diers' Home, and are hereby authorized and directed tocoudemnin the manner 
provided by law tor the condemnation of lands in the District of Columbia 
such of the lands of the Prospect Hill Cemetery and of Annie E. Barbom' as 
may be necessary for the extension of s.ald street, and the sum of $10 000 or 
so much thereof as may be necessary, is hereby appi-ooriated, out of any 
moneys in tho Treasury not otherwise appropriated, to carry out the pro- 
visions of this act: Protiideil, That one-half of the said sum shall be paid out 
of the revenues of the District of Columbia: And proiuled further. That on-- 
half of the costs of such grading and condemnation shall be charged against 
and become a lien upon the abutting property, and the collection of such 
costs shall be enforced in the manner provided for tho collection of general 
taxes. 

The amendments were agreed to. 

Mr. VEST. I have been engaged for a few moments in look- 
ing for some papers in connection with this bill, which I am not 
able to find. I do not know anything personally in regard to 
the bill, but some citizens of this District, whom I know to be 
eminently respectable gentlemen, called upon me some two weeks 
ago to protest against the passage of this bill on behalf of this 
cemetery companj'. I looked into the matter, and my recollec- 
tion of the facts is that this cemetery company was incorporated 
a number of year's ago, with the provision in the act of Congress 
that the rights of the company should never be disturbed. 



5432 



CONGRESSIONAL EEOORD— SENATE. 



JmiE 22, 



It is hardly necessary for mo to say to lawyers that the grant 
ot lands for a burial placs is at common law a charity and can be 
protected as such. Even if this wero not the common law, the 
fucio-ment of mankind and a sense of decency and respect for the 
pead would establish such a docti'ine. If it were otherwise, then 
the graves of the dead relatives of all of us might be invaded by 
speculators for mercena'^y purposes under an act of a Legisla- 
tur<! or of Congi'ess. 

This bill, as I understand it, proposes to cjndemn, for the pur- 
pose of opening this street, what is known as the Barbour prop- 
erty, belonging to an estate, and also the ]n'op?rty of this ceme- 
tery company. The gentlemen who called to see me represented 
themselves as officers of this company and protested against the 
passage of the bill. 

My recollection is that in that bill— whether it has besn cured 
by the amendment of the committee or not I am not able to 
say— the specific amount to be paid for this cemetery and Bar- 
bour property under condemnation are fixed. These gentlemen 
also represented to me that the price was largely out of proportion 
to the real value of the projierty , and that property adjacent to the 
property hero proposed to be condemned had been sold recently 
for a much larger sum than that fixed in the bill. 

But, Mr. President, my principal objection is, assuming these 
statements to be true, that the cemetery property should be in- 
vaded under the circumstances for any purpose whatever. If it 
be true, as I understand it, that the opjaing of this street would 
put one portion of the cemetery upon one side of the street and 
the other upon the other side, as a matter of course it would be 
exceedingly objectionable. It would to all intents and purpusjs 
destroy a portion of that ground now held by the cemetery com- 
pany for the purposes for which it was dedicated. 

I am very sorry that I am not able to put my hand lipou the 
papers at present; but if the bill goes over there ar j other points 
I desire to present in connection with it. I feel it my duty to do 
this as a Senator, with no especial interest in the matter, but 
representing the people of this District, who are without any 
other representation than that given to them by tho eof us who 
see proper to listen to their appeals. I hope the bill will go over 
imtil I can find the statements. 

I will say now with entire frankness that I saw a statement in 
a newspaper ol; this city— I think it was the Sentinel — in regard 
to this bill, of two columns in length, containing charges in re- 
gard to this measure which, if true, would unquestionably de- 
feat it. I do not undertake to say whether thej' are true oi' not, 
but they are published in this journal, and I am not willing that 
the bill shall be disjiosed of by the Senate until I shall have 
"^i been able to investigate these stat -ments and to lay them before 
\t the Senate. 

\^ The PRESIDENT pro tempore. The Chair understands the 
^enator to object to the present consideration of the bill. 
\lvlr. VE-ST. I do, unless the chairman of tho committee can 
g1*e a satisfactory explanation as to the objections I have stated. 

Mr. McMillan. I have heard what the Senator froar Mis- 
souri has said about the objections to the bill. The Coramittej 
on the District of Columbia took this matter up very carefully 
and devoted a great deal of time to it. They saw the gentlemen 
who are the trustees of this company, who have been in the com- 
mittee room a number of times, and they have been heard. As 
I understood, they did not object at all to having this street 
opened. It is one of tho most important streets in the District — 
North Capitol street— and the gentlemen who own projjerty be- 
yond the cemetery and beyond the piece of property adjacent to 
it, which is in the hands of heirs, have given property to op m 
this street through to the Soldiers' Home. These trustees, as I 
understand, only object to the price which they think they are 
going to be paid for the property. They do not object to the 
opening of the street at all. 

It is true there are no graves on the west part of the land 
which is to be taken, and only two or thi'ee graves on the other 
side of the street. 

In iny judgment, after looking at it very carefully, I do not 
think the opening of this street will injure the property of the 
cemetery company at all; but the benefits will be very great to 
them as well as to the owners of adjacent property. The street 
will cut the corner of the land in such a way as to leave valuable 
lots on the west side and valuable lots on the east side, without 
at all interfering with the cemetery. 

The only objection these gentleman gave to me was that they 
thought the price named in the bill was inadequate, and that 
the proiierty was worth a great deal more money. 

Mr. VEST. Let me ask thechairmanof the committee aques- 
tion. Is it not true that the ground in this cemetery was dedi- 
cated under act of Congress to the purpos s of a burial placed 

Mr. McMillan. Yes; but I l^eliove Congress has the power 
to repeal, alter, or amend at any time anj- of these laws. 

Mr. VEST. I am not prepared to say that Congress would 



not have the right as a matter of course to repeal any act that it 
had enacted; but I understand the Senator to state now that this 
street goes through this cemetery and on one side of it are a few 
graves. 

Mr. McMillan. Yes. and they can be removed without any 
trouble or any great expense. 

Mr. VEST. Then it will necessitate the removal of thoao 
bodies, and unless you permit that ground to remain as it is, 
both sides will be occupied as a burial place. Is that the under- 
standing? 

Mr. McMillan. Ycs; that is the understanding. 

Mr. VEST. I will ask that the bill go over, Mr. President, 
because, I tell the Senator frankly, the statements made to me 
were that the persons interested in that burial ground were op- 
posed to this bill. That is tho point I should like to investi- 
gate. 

Mr. HAWLEY. Before the bill goes over, I wish to second 
the remarks of the Senator from Missouri [Mr. Vest]. I do 
not understand that the proposed street, if cut through, will be 
of any use in the world to tho cemeterj'. It will not enhance 
the value of the cemetery property one farthing; but it will cut 
off on the west an irregularly shaped piece that will be of no 
use in the world, as I recollect the map, for building lots, even 
if they had the right to sell it for building purposes; which, 
perhaps, they will have the right to do. The lots will not be 
deep enough, as I remember the ground, to be of any use in the 
world in that respect. 

As to the highway, I will not say that it may not be to the 
interest of the public to have it opened; but it will be of no uss 
in the world and of no value to the cemetei'y company; they 
will be simply poor lots. There is no use of talking about bene- 
fits to the cemetery company at all. 

Mr. McMillan. I have a communication in my hand from 
th ; gentlemen who control the cemetery. They were anxious, 
of course, not to appear desirous of having this street opened, 
Ijccause a number of the people who own burial lots in that vi- 
cinity o})jected naturally to the passage of the bill, and so they 
p isstd this I'esolution: 

1. That we will yield only when compelled t« do so by " due proce.ss o J law." 

That is the first resolution. 

Mr. VEST. What is the first I'esolution? 

Mr. MCMILLAN. That they will yield; thatis, that they will 
allow this street to go through the cemetery only when com- 
pelled by duo process of law. They wanted us to take the initi- 
atory here. 

2. That In cWs event we will have to Insist upon a "just compensation," 
wliich in our case would mean at this time not less than 50 cents for the 
souare foot, our regtilar price at i^resent. besides the expense for erecting 
two solid walls along North Caiiitol street, and for the removal of twenty- 
six or more bodies. 

That is the number of bodies in all that will be affected, and 
thev are twenty-six, all paupers. 

Mr. VEST. Thev are to be moved? 

Mr. McMillan" Yes. 

Mr. SHERMAN. Mr. President, I introduced this bill at the 
request of tome of the gentlemen interested in this cjinetery, 
and also of others who are interested in property along Norm 
Capitol street. 

1 think if any Senator will go there upjn the ground he will 
see that that street is an indispensable necessity to the growth of 
this city. It is true that this corporation has a charter fo;- this 
cemetery, but there is an express reservation in the law itself 
that Congress may change it. There is a denial of tho poWiir to 
the District Commissioners, but Congress may authorize the 
opening of streets in this city. That right is especially reserved 
in the statute. 

A law was passed some two years ago to open up this street, 
and all the property owners gave the property, l;iO feet wide, 
extending from the Capitol directly north to Soldiers' Home. 
Gen. Willcox and other officers of the Soldiers' Home have 
been extremely anxious to have this road opened, because they 
said the grade was direct, the line was straight, and would strike 
the center of the grounds, and they thought that it was impo> 
tant that it should be done. All the property owners were will- 
ing to give away the ground, but there were two properties that 
could not be obtained except by condemnation. 

Two years ago Congress authorized the opening of the street, 
but the conditions could not be complied with by these two in- 
t jrests. One was the German graveyard, situated at the head 
of this street, occupying a conspicuous position and holding a 
valuable grant. Iwent out there to seewhatwould be theeffeet 
of this road if it passes through that cemetery. This road pass- 
ing through there will leave on the west side a good strip of 
ground about 200 feet wide and about 500 or 600 feet long on one 
side of the cemetery, where there are no graves now. nor have 
anv burial lots been sold on the line of the street. It is manifes.1 



1892. 



CONGRESSIONAL RECOED— SENATE. 



5433 



to the eye of every man who passes that way that that street 
must some time or other be opened. One of the officers of the 
cemetery company told us they could not sell lots if they would, 
because nobody would buy there. The bodiesof a few people who 
did not own lots, and who were too poor to buy in other places, 
were buried there, but they can bo readily removed. 

I know the only desire of the gentlemen who came to me is 
to obtain what I think is an unreasonable price. This land, con- 
sidered as land, will be greatly benefited by the passage of this 
street through it. All the other property owners were very will- 
ing to give the land to open up this street in order to induce 
street improvements in that part of the city. There is no doubt 
it would add greatly to the market value of the adjoining land to 
condemn sufficient land for this street. That is shown by the fact 
that two separate juries of leading citizens of Washington, when 
called upon to condemn streets right alongside in the same 
neighborhood, only allowed 1 cent a foot, on the gi-ound that the 
betterments would more than balance the injury, and their judg- 
ments were sanctioned by the courts and the money paid. So 
that I think there is no doubt that the sum of money now ap- 
propriated will pay all that will be proper to give to this corpora- 
tion, and probably a great deal more than ought to be given. 

There is another piece of land called the Barbour tract, which 
I think the Senator from Tennessee [Mr. Harris] may possibly 
know something about. At any rate it is in litigation between 
the heirs, and it was not possible to obtain a title and get a right 
of way through it; but there will bo no difficulty in making the 
assessment and getting the road through. I think it is very im- 
portant to the local interests in that part of the city to open a 
direct and immediate connection with the Soldiers' Home. Still, 
if the Senator from Missouri wishes time to look into the bill so 
as to ascertain whether these facts are correct or not, I have no 
objection. 

Mr. VEST. Let the bill go over. 

Mr. SHERMAN. I introduced the bill at the request of the 
very gentleman referred to. 

Mr. FRYE. The bill is to go over, retaining^its place on the 
Calendar, I suppose. 

Mr. VEST. Yes. 

Mr. SHERMAN. Let it keep its place on the Calendar. 

The PRESIDENT pro tempore. Being objected to, the bill 
will be passed over, retaining its place on the Calendar under 
Rule VIII. 

DISTRICT JAIL, EMPLOYES. 

Mr. PERKINS. I ask unanimous consent for the present con- 
sideration of Senate bill 2429. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill (S. 2429) fixing the salary 
of the warden of the United States jail in the District of Colum- 
bia, and the number of the employes and compensation for each. 

The bill was reported from the Committee on the District of 
Columbia with amendments. 

The first amendment was, in line 9, after the word " month," 
to insert " fifteen guards, at $85 per month each;" so as to read: 

That from and after the passage of this act there shall be allowed for the 
proper handling and safe-keeping of prisoners confined in the United States 
jail, to be appointed as now provided by law, one warden at a salary of 
K.600 per annum; one deputy warden. II, 40D per annum; three captains of 
the guard, at $90 per month; fifteen guards, at 18.5 per month each. 

Mr. PERKINS. I will say in explanation of the amendment 
thatit was an omission in printing the bill. There are twelve 
guards now on duty at the jail and the bill proposes to increase the 
number to fifteen, which, in my judgment and the judgment of the 
committee, is absolutely necessary in order to tlie efficient man- 
agement of the jail. 

The amendment was agreed to. 

The nest amendment was, in line 12, before the word "dol- 
lars," to strike out " sixty " and insert " eighty-five; " so as to 
read: 

One clerk, .it $90 per month; one physician, at SI.OJO per annum; three 
matrons, at J85 per month; one engineer, at f 100 per month; two assistant 
engineers, at «90 per month; one cook, at $60 per month; ene driver for Jail 
van or carriage, §30 per month. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and tha 
amendments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

ABANDONED RULITARY RESERVATIONS IN WYOMING. 

Mr. CAREY. I ask the Senate to return to Senate bill 2093, 
which was heretofore passed over without prejudice. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the bill (S. 2093) to provide for the disposal of certain aban- 
doned military reservations in the State of Wyoming. 

The bill was reported fi-om the Committee on Public Lands 



with amendments, in line 5, after the word "reservation," to 
strike out "and that portion of the Port Bridger reservation in 
said State to which the act approved .luly 10, J,S90, entitled 'An 
act to provide for the disposal of certain a'bandoned military res- 
ervations in Wyoming Territory,' does not apply," and insert 
"the Port Fetterman old wood reserve, situate m township 32 
nyrth. ranges 74 and 75 west, established August 29, 1872, and 
the Fort Fetterman new wood reserve, situated in townships 28 
and 29. range 71 west," and in line 26, after the word "respec- 
tively," to strike out ••Provided further, That this act shall not 
apply to any subdivision of land, which subdivision may include 
adjoining lands t) the amount of 160 acres on which any b:iild- 
ings or improvements of the United States are situated, until 
the Secretary of the Interior shall so direct; " so as to maka the 
bill read: 

Be it enacted, etc.. That all public lands now remaining undispo.^ed of 
within the abandoned military reservations in the Stale of Wyoming, 
known as Fort Fetterman hay reservation, the Fort Fetterman old wood 
reserve, situated in township 33 north, ranges 74 and "5 west, established 
August 29. iST2, and the Fort Fetterman new wood reserve, situated in town- 
ships 28 and 39, range 71 west, are hereby made subject to disposal under the 
homestead law only: J'roeideil, That actual occupants thereon upon the 1st 
day of January, 1892, shall have the preference right to make one entry not 
exceeding one quarter section under either of the existing land laws which 
shall include their respective improvements: Provided fia-ther. That any of 
such lands as are occupied for town-site purposes and anv of the lands that 
may be sho»vn to be valuable for coal or mlneralsshall be disposed of as now 
provided for lands subject to entry and sale under the town-site, coal, or 
mineral land laws, respectively. 

The amendments were agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

TOWN OP FERRON, UTAH. 

Mr. CAREY. I ask the Senate to take up Order of Business 
470, being House bill 1080, which was passed over without prej- 
udice. 

The Senate resumed consideration of the bill (H. R. 10*^0) for 
the relief of the inhabitants of the town of Perron, countv of 
Emery, Territory of Utah. 

The PRESIDENT pro tempore. The question is on the pas- 
sage of the bill. 

The bill was passed. 

PHILADELPHIA AND NEW YORK BAY SHIP CANAL. 

Mr. QUAY. I ask unanimous consent that the Senate pro- 
ceed to the consideration of a bill reported by me favorably from 
the Committee on Commerce this morning, being the bill (S. 
3179) authorizing the Secretary of War to cause a survey to be 
made for a ship canal from Philadelphia across New Jersey to 
New York Bay. 

Mr. HARRIS. Let that bill go over, holding its place on the 
Calendar. The Senate is too thin to consider a bill of that 
character. 

The PRESIDENT pro tempore. The bill, being .objected to, 
goes over, retaining its place on the Calendar. 

ASSISTANT ASTRONOMERS AT UNITED STATES NAVAL OB- 
SERVATORY. 

The bill (S. 824) defining the promotions and salaries of assist- 
ant astronomers at the United States Naval Observatory, and 
for other purposes, was announced as next in order. 

Mr. VEST. I object to the consideration of that bill now. 

The PRESIDENT pro tempore. Being objected to, the bill 
will be passed over. 

Mr. CHANDLER. I suppose the Senator from Missouri has 
no objection to the bill retaining its place on the Calendar. 

Mr. VEST. No, I have no objection to that. 

The PRESIDENT pro tempore. The bill will be passed over 
without prejudice, retaining its place under Rule VIII. 

LANDS IN WASHINGTON. 

The bill (H. R. 7081) confirming title to lands in the subdivi- 
sion of square 206 in the city of Washington, D. C, was consid- 
ered as in Committee of the Whole. It proposes to confirm the 
subdivision of square 206 in the city of Washington, D. C, made 
by C. P. Patterson and recorded in baok R. W., page 102, in the 
office of the surveyor of the District, so far as said subdivision 
embraced any part of the original alleys in that square, and the 
title of the persons claiming any part or parts of the original al- 
leys under the owner of the original lots at the time the subdi- 
vision was made. 

Mr. PELTON. I should like to hear some explanation of that 
bill. 

Mr. SHERMAN. The Senator from California can have the 
report read if he desires. 

Mr. FELTON. I should like to have the report read. 

Mr. FAULKNER. I will state to the Senate that the Senator 



5434 



CONGRESSIONAL RECORD— SENATE. 



June 22, 



from Delaware [Mr. Higgins] reported that bill, and I am sure 
the Senator from California, if he will have the report read, will 
'bo sa thoroughly satisfied of the correctness of the bill that he 
wilt no lonyei- object to its consideration. It is a very impor- 
tant thing in the interest of the District as to the titles of prop- 
erty and to the bsnefit of the District in the enlargement of the 
area of the streets. 

Mr. FELTON. That is sufficient. I merely wanted an expla- 
nation of the object of the bill. It seemed to be a subject of some 
importance. 

The PaESIDENT pro tempore. Does the Senator from Cali- 
fornia desire the reading of the report? 

Mr. FELTON. No, sir. 

The bill was reported to the Senate without amendment, or- 
dered to a third raading, read the third time, and jiassed. 

MEbALS FOR LIEUT. JORDAN AND CAPT. CAETEK. 

The joint resolution (S. R. 82) to authorize Lieut. Sidney S. 
Jo-.'dan, Fifth United States Artillery, and Capt. Edward C. Car- 
ter, assistant surgeon, United States Army, to accept medals 
froi-ii the British Govei-nment was considered as in Committee 
of th-i Whole. 

The joint resolution was reported to the Senate without amend- 
ment, ordered to bo engrossed for a third reading, read the third 
time, and passed. 

JOHN L. BROOME. 

The bill (S. 848) for the relief of John L. Broome was consid- 
ered as in Committee of the Whole. 

Mr. CHANDLER. It is my intention to move to strike out the 
pre^imble; but preliminary thereto I move, in line 5, after the 
■word "appoint."' to strike out the words "the said." 

The PRESIDENT pro tempore. The amendment will be 
stated. 

The Secretary. Inline .5, after the word "appoint," it is 
proposed tj strike out "the said," so as to make the bill read: 

Be it (nart^a. ftc. That the President of the United States be, .ind hereby 
Is, authorized to nominate and, by aud with the adrtce and consent of the 
Senate, to appoint John L. Broome, now a lieutenant-colonel in the Marine 
Corps on the retired list, a colonel in the Marine Corps, and to place him. 
with the ran'.; and pay of colonel, on the retired list of the Marine Coi-ps 
Irom the dale of his retirement, March 8, 1888. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

Mr. CHANDLER. I move that the preamble be disagreed to. 

The preamble was rejected. 

LEASING OP government PROPERTY. 

Mr. PROCTOR. I ask the Senate to proceed to the considera- 
• tion of Order of Business 230, being Senate bill 1040, which was 
passed over to enable the Senator from Florida [Mr. Call] to 
propose an amendment, which he has now prepared. 

The PRESIDENT ■i)ro tempore. The bill being on the Calen- 
dar under Rule VIII, is now in oi-der. 

The Senate, as in Committee of the Whole, proceeded to con- 
Bidor the bill (S. 1040) authorizing the Secretary of War to lease 
certain jjublic property. It authorizes the Secretary of War, 
when in his discretion it will be for the public good, to lease for 
a period not exceeding five years and revocable at any time, such 
property of the United States under his control as may not for 
the time be required for public use and for the leasing of which 
there is no authority under existing law, and such leases shall 
be reported annually to Congress. 

Mr. CALL. I otfor the amendment which I send to the desk, 
to come in at the end of the bill. 

TliePRESIDENTpro;f)»230rf. The amendment will be stated. 

The Secretary. At the end of the bill it is proposed to add: 
l^rovided. That nothing in this act contained shall be held to apply to min- 
eral or phosphate lands, 

^^h\ PROCTOR. I will accept the amendment. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and j)assed. 

Mr. CHANDLER. I suggest that the title should be changed 
so as to read: "A bill authorizing the Secretary of War to lease 
public property in certain cases." The title is a little mislead- 
ing as it stands. 

Mr. PROCTOR. I have no objection to that. 

The title was amended so as to read: "A bill authorizing' the 
Secretary of War to lease public property in certain cases." 

Y'ELLOWSTONE NATIONAL PARK. 

Mr. CAREY. I ask the Senate to return to the bill (S. 1843) 
to provide for the punishment of offenses committed in the Yel- 



lowstone National Park, which was passed over without preju- 
dice. 

The PRESIDENT pro tempore. The bill is in order, having: 
been passed over without i^rejudico under Rule VIII. The bill 
will be read. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the bill, which had been reported from the Committee on 
Territories with amendments. 

The PRESIDENT pro tempore. The amendments of the Com- 
mittee on Territories will be stated in their order. 

!Mr. TELLER. I wish to inquire of the Senator who has the 
bill in charge whether, when the State of Wyoming was admitted 
into the Union, the jurisdiction of the United States was reserved 
over this tract of country? 

Mr. CAREY. I will state that it was. The terms I will not 
take the time of the Senate to read, but I will hand the statute 
to the Senator. 

Mr. SANDERS. I should like to call the attention of the 
Senator having the bill in charge to another matter of the same 
nature. A portion of this park as now defined is within the 
State of Montana and still another portion of it is within the 
State of Idaho. It is provided in the bill as to offenses commit- 
ted within the park that the jurisdiction over them shall ba 
confined to tho;United States courts of the State of Wyoming, aud 
in that respect it takes a party out of the district where the of- 
fense was committed and transfers the jurisdiction and authority 
to try him to another district and State. 

While it is true, as stated by the Senator, that in the act ad- 
mitting Wyoming there was a reservation of the authority of 
the United States over this park, there was no such provision of 
law in the acts admitting either Montana or Idaho. I do not 
propose to make any inquii-y as to whether that reservation is of 
any effect if it is made, or whether it would be necessary in the 
face of the fact that this bill gives jurisdiction over that park 
to the district court of the State of Wyoming. 

Mr. CAREY. I will say to the Senator, if he will read the first 
section of the bill he will find it reads: " That the Yellowstone 
National Park, in the State of Wyoming, as now defined, or as 
may be hereafter defined." It follows the proviso of the second 
section of the act admitting Wyoming as a State. 

This hilLdoes not pretend to legislate with reference to any 
portion of the park excei^t that portion which is within the 
boundaries of the State of Wyoming. So far as the little strips 
on the west and north sides of the park are concerned, which 
are respectively in the States of Idaho and Montana, no one will 
contend that the United States has any jurisdiction whatever 
over that portion of the park, as it was not expressly reserved 
by the acts admitting those two States. There is no attempt 
whatever in the bill to legislate for any portion of the park that 
is outside of the State of Wyornin?. 

I will also state, as the Senator, I think, was away at the time, 
that a bill which passed the Senate redefining the boundaries of 
the park omits the two strips alluded to. That measure has al- 
ready passed the Senate and gone to the other House. This bill 
does not cover one acre of ground in the States of Idaho or Mon- 
tana, as the Senator will see by the first section. 

Mr. MORGAN. I hope the Senator in charge of the bill will 
read that portion of the second section of the act to admit Wyo- 
ming which creates a reservation for these purposes. 

Mr. CAREY. I will read section 2 of the act of July 10, 1890, 
admitting Wyoming as a State: 

Sec. 2. That the said State shall consist of all the territory included within 
the following boundaries, to wit; Commencing at the intersection of the 
twenty-seventh meridian of longitude west from Washington with the forty- 
fifth degree of north latitude and running thence west to the thirty-fourth 
meridian of west longitude; tlieuce south to the forty-first degree of north 
latitude; thence east to the twenty-seventh meridian of west longitude, and 
thence north to the place of beginning: Provided, That nothing in this act 
contained shall repeal or affect "any act of Congress relating to the Yellow- 
stone National Pari:, or the reservation of the park as now defined, or as 
may be hereafter defined or extended, or the power of the United States 
over it; and nothing containel in this act shall interfere ■n'lth the right and 
ownership of the United States in said park and reservation as it now is or 
may hereafter be defined or extended by law; but exclusive legislation, in 
all cases whatsoever, shall be exercised l:y the United States, which shall 
have exclusive control and jtu'isdiction over the same: but nothing in this 
proviso contained shall be construed to prevent the service within said parlc 
of civil and criminal process lawfully issued by the authority of said State. 

That, I believe, follows the usual restriction with reference to 
such matters. 

Mr. MORGAN. I will ask the Senator whether he really 
thinks that the State of Wyomingiscapableof taking care of that 
property, if we just allow that State to have full control of it. 
Suppose the State wanted to lay it off into a park and reserve it 
for State purposes against intrusion or against the destruction 
of articles of curiosity or the wild animals that we are trying to 
take care of in that section, does the Senator not think that the 
State of Wyoming is entirely competent to do that work? 

Mr. CAREY. I think perhaps it would be competent, but I 



1892. 



CONGRESSIONAL EECOED— SENATE. 



5463 



By Mr. LITTLE: Memorial of 64 citizens of New York, against 
Con'gTess leg-islating- to the close the Columbian Exposition on 
Sunday — to the Select Committee on the Columbian Exposition. 

By ilv. MARTIN": Papers in the case of William G. Smith, 
late" a private of Company C of the Thirty-fourth Regiment of 
Indiana Volunteers — to the Committee on Invalid Pensions. 

By Mr. MEYER: Two petitions of citizens of Louisiana, asking 
that the metric system of weights and measures be used exclu- 
sively in the customs service of the United States — to the Com- 
mittee on Coinage, Weights, and Measures. 

Bv Mr. O'DONNELL: Two petitions of citizens of Michigan, 
one"of 81 citizens cf Hastmgs, and the other of 89 residents of 
Union City, both protesting- against religious legislation — to the 
Select Committee on the Columbian Exposition. 

By Mr. O'NEILL of Pennsylvania: Protest of the Manufactur- 
ing Chemists" Association of the United States against an act 
for preventing the adulteration and misbranding of food and 
drugs, and for other purposes — to the Committee on Agricul- 
ture. 

By Mr. PICKLER: Two petitions of citizens of South Dakota, 
one'of 27 citizensof Vilas, the other of L.G. Culver and 17 others, 
mcmters of the Seventh-Day Adventists, of Watertown. Coding- 
ton. County , against any law concerning the closing of the World's 
Fair on Sunday — fo the Select Committee on the Columbian 
Exposition. 

Also, petition of 50 citizens of Highmore, S. Dak., asking a 
constitutional amendment prohibiting- any State from passing 
any law respecting the establishment of religion — to the Com- 
mittee on the .Judiciary. 

Also, petition of 250 citizens of Clark County, S. Dak., asking 
that the World's Fair be closed on Sunday' — to the Select Com- 
mittee on the Columbian Exposition. 

By Mr. SANFORD: Petition of 18 citizens of Amsterdam, 
N. Y., for legislation providing for the closing of the World's 
Pair on Sunday — to the Select Committee on the Columbian Ex- 
position. 

Also, two petitions of Milton Grange, No. 685, of Saratoga 
County, N. Y., one for a law preventing gambling in farm prod- 
ucts, and the other for pure food — to the Committee on Agricul- 
ture. 

Also, petition by the same grange, for the immediate passage 
of House bill 395, defining' lard and imjiosing a tax thereon — to 
the Committee on Ways and Means. 

Also, petition by the same grange, in favor of laws preventing 
the making of contracts discrediting legal-tender currency — to 
the Committee on Banking and Currency. 

By Mr. TURNER: Petition of Andrew B. Estes and others, 
of Blackshear, Ga., protesting^against a bankruptcy bill — to the 
Committee on the .Judiciary. 



SENATE. 

Thursday, June 23, 1893. 

Prayer by the Chaplain, Eev. J. G. Butlek, D. D. 

The Joui-nal of j-esterday's proceedings was read and approved. 

COURT OF CLAIMS REPORT. 

The PRESIDENT pro tempore laid before the Senate a com- 
munication from the Court of Claims, transmitting a copy of the 
opinion of that court in the case of Frederick Bernard i-s. The 
United States; which, with the acco'mpanying papers, was re- 
ferred to the Committee on Claims, and ordered to be printed. 

CREDENTIALS. 

Mr. DIXON presented the credentials of Nelson W. Al- 
DRICH, chosen by the Legislature of Rhode Island a Senator from 
that State for the term beginning March 4, 1893: which were 
read, and oi-dered to be filed. 

PETITIONS AND MEMORIALS. 

Mr. SHERMAN presented a petition of 26 citizensof Belmont 
County, Ohio, praying for the passage of the Washburn-Hatch 
antioption bills; which was referred to the Committee on the 
Judiciary. 

He also presented a petition of the Cleveland (Ohio) Chapter 
of the American Institute of Architects, praying for the passage 
of House bill 8152, regulating the erection of public buildings; 
which was referred to the Committee on Public Buildings and 
Grounds. 

Mr. CULLOM presented a petition of citizens of Dover, 111., 
and apotition of the INIothodist Episcopal and Christian churches 
of Bryant, 111., praying for the closing of the World's Columbian 
Exposition on Sunday, and that the sale of intoxicating liquors 
bo prohibited thereat; which were referred to the Committee 
on the Quadro-Centennial (Select). 



He also presented the memorial of H. V. Weaver and other 
members of the Seventh- Day Adventist Church, of Onarga. 111., 
remonstrating against the commitment of the United "States 
Government to a union of religion and the state by the passasre 
of any legislation closing the World's Columbian Exposition 6a 
Sunday: which was referred to the Cjmmittse on the Qu-.idro- 
Centennial (Select). 

Mr. WARREN jjresented a petition of citizens of Sundanc?, 
Wyo.. praying for the adoption of an amendment to the Consti- 
tution of the United States prohibiting any legislation hy tho 
States respecting an establishment of religion or making an ap- 
propriation of money for any sectarian purpose; which was re- 
ferred to the Committee on the .Judiciary. 

Mr. PERKINS. I present the proceedings of tho San Fran- 
cisco Board of Ti-ade and of other bodies concerning tho Torrey 
bankruptcy bill. I move that the memorial be printed as a mis- 
cellan ous document, and referred to the Committ'^e on the Ju- 
diciary. 

The motion was agreed to. 

Mr. COKE presented am nnorial of sundry citizensof Houston. 
Tex., remonstrating against the commitment of the United States 
Government to a union of religion and the state by the passage 
of aaj- legislation closing the "World's Columbian Exposition on 
Sunday: which was referred to the Committee on the Quadro- 
Centennial (.Select). 

REPORTS OF COMJIITTEES. 

Mr. DAVIS, from the Committee on Military AlTairs, to whom 
was referred the bill (S. 2379) for the relief of William R. .Stein- 
metz, reported it without amendment, and submitted a report 
thereon. 

Mr. W ALTH ALL, from the Committee on Military Affaii-s, 
to whom was referred the bill (H. R. 110.">) for the relief of Henry 
S. Cohn, late of the One hundred and sixth Ohio Volunteers, re- 
ported it without amendment, and submitted a rjjiort therc^on. 

Mr. BATE, from the Committee on Military Affairs,, to whom 
were referred the following bills, submitted adverse reports 
thereon; which were agreed to, and the bills were postponed in- 
definitely: 

A bill (S. 2686) granting an honorable discharge to John R. 
Robgrts; and 

A bill (S. 2182) for the relief of .fames W. Turner. 

Mr. MANDERSON. from the Committee on MUitary Affairs, 
to whom was referred the bill (S. 3296) for the relief of Henry 
Cozad. reported it with amendments, and submitted a report 
thereon. 

He also, from the sam? committee, to whom was referred the 
bill (S. 3257) for continuing the improvements of Jefferson Bar- 
racks, reported it without amendment, and submitted a report 
thereon. 

He also, from the same committee, to whom was referred the 
amsndment submitted by himself .June 16, intended to be pro- 
posed to the sundry civil appropriation bill, reported it without 
amendment, and moved its reference to the Committee on Ap- 
propriations: which was agreed to. 

Mr. ALLEN, from the Committee on C'laims, to whom was re- 
committed the bill (H. R. 669) for the relief of Dabney, Simmons 
& Co., reported it without amendment, and submitted a repo;-t 
thereon. 

STATUE OF GEN. SHERMAN. 

Mr. HAWLEY. I am instructed by the Committao on Mili- 
tary Affairs to report back favorably, without amendment, the 
bill (H. R. 8S88) for preparation of site and erection of a pedes- 
tal for statue of late Gen. William T. Sherman, and appropriat- 
ing the sum of $50,000 therefor. I venture to ask for the imme- 
diato consideration of the bill. 

By unanimous consent, the Senate, as in Committee of the 
Whole, ijroceeded to consider the bill. It proposes to appropri- 
ate 850,000 for the preparation of a sits and tho erection of a 
pedestal for a statue of the late Gen. William T. Sherman in 
the city of Washington; the site to be selected by and the ped- 
estal to be erected under the supervision of the president of the 
Society of the Army of the Tennessee, the Secretary of War, 
and the Major-General Commanding the Armj'. 

Tho bill was reported to the Senate without amendment. 

Mr. HAWLEY. I may state that the bill is substantially in 
the terms of the acts relating to statues of Gens. Hancock, Logan, 
and Sheridan. 

The bill was ordered to a third reading, read the third time, 
and passed. 

Mr. HAWLEY. I report back from the Committee on Mili- 
tary Affairs the ijill (S. 2633) to erect a pedestal and statue to 
Gen. WUliam. T. Sherman in the city of Washington, ami a peti- 
tion of the Society of the Army of the Tennessee relating to tlie 
same bill. I ask that the usual course bo taken, tho committee 
to be discharged from the further consideration. 



5464 



CONGRESSIONAL EECOED— SENATE. 



June 23, 



Tho PRESIDENT pi-o limpore. The committee will be dis- 
charged from further consideration of the petition, and the bill 
will be postponed indotinitely. 

CLAIMS AGAINST THE CHEROKEE NATION. 

Mr. DAWES. I ask that the Committee on Indian Affairs be 
discharged from the further consideration of the bill (H. R. d'M) 
supplementary and amendatory to an act entitled "An act to re- 
fer to the Court of Claims certain claims of the Shawnee and 
Delaware Indians and the freedmen of the Cherokee Nation, and 
for other purposes," approved October 1, 1890, and I ask that the 
bill may be put on its passage, for the reason that on the l.Jtii ol 
April tiie Senate passed precisely such a bill. It was sent down 
to the House, and the House by mistake passed another bi 1 in 
preciselv the same words instead of passing the Senate bill. 1 
ask that the committee be discharged from the consideration of 
the House bill and that it be put on its passage. 

Mr. HARRIS. I think the Senator should report the bill back 
favorably and ask that it be put upon its passage in view of the 
statement he makes. Instead of having the committee dis- 
charged, why not report back the bill favorably V 

Mr. DAWES. The only reason is that the committee has not 
been able to have a meeting since the bill was referred to it. 
That is the only reason. I suppose nobody will object to my ask- 
ing to have the committee discharged from the consideration of 

the bill. . . ,. , 

Mr. HARRIS. Of course when the committee is discharged 
the Senate will consider a bill not reported. 

Mr. UAWES. The formal way is the one suggested by the 
Senator from Tennessee. 

The PRESIDENT pro tempore. The committee will be dis- 
charged from the consideration of the bill, if there be no objec- 
tion. The Chair hears none. The Senator from Alassaehusetts 
asks the unanimous consent of the Senate that the bill be now 
considered. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 
RAILROAD THROUGH MENOMONEE RESERVATION. 

Mr. DAWES. I report baek with amendments from the Com- 
mittee on Indian Affairs the bill (H. R. '>13'S) to authorize the 
Marinette and Western Railrond Company to construct a rail- 
road through the Menomonee Reservation, in the State of Wis- 
consin. 

Mr. SAWYER. I ask unanimous consent that the bill be now 
considered. It is the grant of a right of way, and it is impor- 
tant that it should b.< passed now. 

The PRESIDENT pro tempore. Is there obicctiom| ;.th e pres- 
ent consideration of the bill? ^mmr—— 

Mr. HARRIS. Lit it be read for information. 

The Secretary read the bill, and, by unanimous consent, the 
Senate, as in Committee of the Whole, proceeded to its consid- 
eration. 

The PRESIDENTpro tempore. The first amendment reported 
by the Committee on Indian Aft'airs will be stated. 

The Secretary. In section 1, after line 18, add the follow- 
ing additional proviso: 

Procidal further. That said route or right, of way shall he locateil withiu 
one and one-half miles from the north Hue of the township hereinbefoiv m . n- 
tioned. 

The amendment was agreed to. 

The next amendment was, in section 4, line 34, after the word 
"road,'' to insert the following i)roviso: 

Provided, That all merchantable pi:ie timber on the ris^'htof way an-l depot 
ground shall be carefully estimated and appraised by a coinpeli-ut person 
appointed by the Secretary of the Interior, and said railroad company shall 
pay or cause to bo paid the sum of not less than ?(i per thousand feet. l)oard 
measure, for each and every thousand feet, together withthee.\pense<tf esti- 
mate and appraisal, said moiiey to be paid to the Secretary of the Interior 
before the building of said road has Viesn commenced: And prori<hd. That 
after paying the estimate and appraisal, the balance of the money derived 
from the sale of said limber shall be expended by the Secretary of the In- 
terior for the benefit of the Menomonee Indians. 

The amendment was agreetl to. 

The bill was reported to the Senate as amended, and the 
amendments were concui'red in. 

The amendments were ordered to be engrossed, and the bill 
to be read a thii'd time. 

The bill was read the third time, and isassed. 

COURTS IN IDAHO AND WYOMING. 

Mr. MITCHELL. I i eport back adversely, from the Commit- 
tee on the .ludiciary, the bill (S. lO'iO) to provide the times and 
plac s for holding terms of the United States courts in the State 
of Idaho I am about to report a similar bill, a House bill, fa- 
voi-ably, and I move that the Senate bill be postponed indefi- 
nitely. 

The motion was ag;eed to. 

Mr. MITCHELL. From the same committee I report back 



with amendments the bill (H. R. 626) to provide the times and 
places for holding terms of United States courts in the State _oi 
Idaho. This is a House bill; it is very brief, and I ask for its 
Ijresent consideration. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The I'RKSIDENTpro tempore. The amendments of the Com- 
mittee on the Judiciary will be stated in their ordei;. 

The first amendment was, in section (i, line 12, after the word 
" court," to strike out the words " on the days last named: " so 
as to read: 

And other things pending in or returnable to said court are hereby trans- 
ferred to and shall be made returnable to, etc. 

The amendment was agreed to. 

The next amendment was, in section 7, line 1, to strike out 
the word "( first );"' in line 2, to strike out the word "( second ):" 
in line 3, to strike out the word "( third);" in line 4, to strike 
out the word "( fourth );" in line 5, to strike out the word "(fifth)," 
and in line 6, ta strike out the word "( sixth )." 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendments were concurred in. 

Mr. CAREY. I move to add the following as an additional 
section to the bill: 

Sec. ~. That instead of the times now fixed by law the terms of the cir- 
cuit and district courts of the United States for the district of Wyoming, to 
be held at Cheyenne, shall commence on the Second Monday in May and the 
second Mcnday in November in each year. 

The amendment was agreed to. 

The amendments were ordered to be engrossed and the bill to 
be read a third time. 

The bill wasiead the third time, and passed. 

The title was amended so as to read: "A bill to provide the 
times and places for holding terms of the United States courts in 
the States of Idaho and Wyoming." 

Mr. MITCHELL. I move that the Senate request a confer- 
enc J with the House of Representatives on the bill and amend- 
ments. 

The motion was agreed to. 

By unanimous consent, the President pro tempore was author- 
ized" to appoint the conferees on the part of the Senate; and Mr. 
Mitchell, Mr. Teller, and Mr. Coke were appointed. 

BILLS INTRODUCED. 

Mr. DAWKS introduced a bill (S. 3318) to provide for the re- 
moval of suits from the courts of the Indian tribes or nations in 
the Indian Teriitoryin certain cases, and for other ))urposes; 
which was read twice by its title, and referred to the Committee 
on Indian Affairs. • 

Mr. MCMILLAN (by request) introduced a bill (S. 3319) to cor- 
net title of lots 13 aiid 14 in square 959 in Washington, D. C; 
which was read twice by its title, and referred to the Committee 
on the Di.-ti-ictof Columbia. 

Mr. PERKINS introduced a bill (S. 3320) granting a pension 
to William G. Reynolds; which was read twice by its title, and 
referred to the Committee on Pensions. 

Mr. SAWYER introduced a bill jS. 3321) granting a pension 
to Mary Tuttle; which was read twice by its title, and referred 
to the Committee on Pensions. 

Mr. SHERMAN introduced a bill (S. 3322) granting a pension 
to John N. Prall; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Pen- 
sions. 

He also introduced a bill (S. 3323) granting a pension to George 
W. Sharps; which was read twice by its title, and, with the ac- 
compan\ ing papers, referred to the Committee on Pensions. 

Mr. MORGAN introduced a bill (S. 3324) for the relief of the 
heirs i.f Dr. Nathan Fletcher: which was read twice by its title, 
and referred ty the Cjmmittee on Claims. 

AMENDMENTS TO APPROPRI.\TION BILLS. 

Mr. FELTON submitted an amendment intended to be pro- 
posed by him to the general deficiency appropriation bill; which 
was referred to the Commitiee on A])propriations, and ordered 
to be printed. 

Mr. CALL submitted an amendment intended to be proposed 
by him to the sundry civil api)i"0])riation bill; which was re- 
ferred to the Committee on Ajipropriations, and ordered to be 
printed. 

NICARAGUAN CANAL. 

Mr. MORGAN. I submit a resolution and ask its reference 
to the Committee on Printing. I desire to submit some remarks 
upon it, however, before it is referred. 

The resolution was read, as follows: 

Re,^nlvfd, That there be printed for the use of the Senate 500 copies of Senate 
Report 1944, Fitty-Hrst Congress, omitting the maps accompanying s,aid 
report, it being the report of the Senate Ctfinmittee on Foreign Relatiou.s, 
relating to the construction of the Maritime Canal of Nicaragua, 

Mr. MORGAN. Mr. President, the edition of that report has 



1892. 



CONGRESSIONAL EECOED— SENATE. 



5485 



mitmeml of the United States Government to a union of religrion 
and the state by the passage of any legislation closing the World's 
Columbian Exposition on Sunday, or in any other way committing 
the Government to a course of religious legislation; which was 
referred to the Committee on the Quadro-Centennial (Select). 

Mr. COCKRELL presented a petition of citizens of Clearmount, 
Mo., praying for the passage of legislation prohibiting the sale, 
manufacture, and importation of cigarettes in the United States; 
which was referred to the Committee on Epidemic Diseases. 

Mr. BATE presented petitions of the United Presbyterian 
Church of Union: of the Prospect Church of Lincoln County, 
and of the Lebanon United Presbyterian Church, all in the State 
of Tennessee, praying for the closing of the World's Columbian 
Exposition on Sunday and that the sale of intoxicating liquors 
be prohibited thereat; which were referred to the Committee on 
the Quadro-Centennial (Select). 

Mr. CHANDLER. I present the memorial of William T. Cass 
and 24 other citizens of J?ilton, N. H., of whom 20 are parents, 2 
teachers, and 2 physicians, remonstrating against the '"deadly 
cigarette.'' I move that the memorial be referred to the Com- 
mittee on Epidemic Diseases. 

The motion was agreed to. 

Mr. PEFFER presented memorials of the Farmers' Alliance 
and Industrial Union No. 988; of the Lone Elm Farmers' Alliance 
and Industrial Union, No. 022, and of sundry other citizens of 
Cherokee County, State of Kansas, remonstrating against the 
passage of H. R. 395 and S. 2984, known as the Brosius-Wilson 
lard bills, and praying for the passage of the Paddock pure food 
bill; which were referred to the Committee on Agriculture and 
Forestry. 

Mr. PLATT presented a petition of citizens of Greenwich, 
Conn., praying for the passage of legislation prohibiting the sale, 
manufacture, and importation of cigarettes in the United States; 
which was referred to the Committee on Epidemic Diseases. 

Ho also presented a petition of the Bridgeport (Conn.) Chris- 
tian Endeavor Union, signed by E. K. Holden and A. H. 
Gainsby, of Bridgeport, Conn., praying that no exposition or 
e.xhibition for which appropriations are made by Congress be 
opened on Sunday; which was referred to the Committee on the 
Quadro-Centennial (Select). 

Mr. MILLS presented a petition of sundrj' citizens of Grier 
County, Tex., praying for the passage of the Washburn-Hatch 
antioption bills; which was referred to the Committee on the 
Judiciary. 

Mr. PADDOCK presented the memorial of Mrs. Wina Crane 
and other citizens of Wayne, Nebr.; the memorial of S. J. Merry 
and other citizens of Largo, Nebr., and the memorial of James 
Mefford and other citizens of Red Cloud, Nebr., remonstrating 
against the commitment of the United States Government to a 
union of religion and the state by the passage of any legislation 
closing the World's Columbian Exposition on Sunday; which 
were referred to the Committee on the Quadro-Centennial (Se- 
lect). 

Ho also presented a memorial of citizens of Union County, 
Miss., and of the Oak Grove Farmers' Alliance, No. 1089, Pa- 
trons of Husbandry, of Myrtle, Miss., remonstrating against the 
passage of the Wilson-Brosius lard bill, and praying for the pas- 
sage of the Paddock pure-food bill; which was ordered to lie on 
the table. 

Mr. PERKINS presented the memorial of William Gamhrill 
and 84 other members of the Seventh-Day Adventist Church of 
Osawkie, Kans., remonstrating against the commitment of the 
United States Government to a union of religion and the state 
by the passage of any legislation closing- the World's Columbian 
Exposition on Sunday, or in any other way committing the Gov- 
ernment to a course of religious legislation; which was referred 
to the Committee on the Quadro-Centennial (Select). 

Mr. PETTIGREW presented the memorial of Michael Binder 
and sundry other citizens of Leola. S. Dak., and the memorial of 
Jacob Hirsch and sundry other citizens of Eureka, S. Dak., re- 
monstrating against the commitment of the United States Gov- 
ernment to a union of religion and the state by the passage of 
any legislation closing the World's Columbian Exposition on 
Sunday; which were referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. ALLISON presented the petition of William T. Pickett 
and other citizens of Des Moines, Iowa, praying that the said 
Pickett be granted a pension of $25 per month; which was referred 
to the Committee on Pensions. 

He also presented petitions of the First Baptist Church of New- 
ton; of the Convention of Christian Endeavor Societies of Chari- 
ton; of the United Presbyterian and two Methodist Episcopal 
Churches of Garner; of the Young People's Society of Columbus 
City: of the Congregational Church of Tabor; of the First Pres- 
byterian Church of Harper; of the Sabbath Schcol Association 
of Taylor County; of the Methodist Episcopal churches of Bloom- 



field (Iowa) Circuit; of the Methodist Episcopal churches of Al- 
den Charge; of the First Lutheran Church of Newton; of the 
Methodist Episcopal Church of Floyd; of the Methodist Episco- 
pal Church of Forest City; of the Congregational Church of Bel- 
mond; of the Christian Endeavor Convention of the Iowa Central 
LTnion; of the Fii st Methodist Episcopal Church of Waterloo, 
all in the State of Iowa, praying for the closing of the World's 
Columbian E.xposition on Sunday and that the sale of into.\icating 
liquors be prohibited thereat; which were referred to the Com- 
mittee on the Quadro-Centennial (Select). 

He also presented a memorial of the Seventh-Day Adventist 
Church of Village Crck, Iowa; the memorial of .1. C. Smith and 
2.) other citizens of Castana, Iowa; the memorial of T. C. I^avis 
and 81 other citizens of Marshall County, Iowa, and the memorial 
of G. F. Watson and 23 other members of the Seventh- Day Ad- 
ventist Church of Sioux City, Iowa, remonstrating against tho 
commitment of the United States Government to a imion of re- 
ligion and the state by the passage of any legislation closing the 
World's Columbian Exposition on Sunday; which wore referred 
to the Committee on the Quadro-CenU'nnial (Select). 

He also presented a petition of the Trade and Labor Ass jm- 
bly of tho city of Burlington. Iowa, praying for the passage of 
House bill No. 319 to exempt improvements on real estate in tho 
District of Columbia from ta.xation and assess land at its full 
market value; which was referred to the Committee on the Dis- 
trict of Columbia. 

He also presented a petition of 45 citizens of Clarinda, Iowa: a 
])etitlon of 45 citizens of Blanehard. Iowa: a petition of 13 citi- 
zens of Moscow, Iowa, and a petition of 34 citizens of Burlington, 
Iowa, praying for the passage of legislation prohibiting the sale, 
manufacture, and importation of cigarettes m the United States; 
which were referred to the Committee on Ei)idemic Diseases. 

Mr. SAWYER presented the momori.al of Frank Hubbard and 
sundry other citizens of Barrow County, Wis., i-omonstrating 
against the commitment of the United Stat 'S Government to a 
union of religion and the state by the jiassage of any legis!ati(m 
closing the World's Columbian Exposition on Sunday; which 
was referred to the Committee on the Quadro-Ccntenn:al (Se- 
lect). 

Mr. FELTON pres3nted the memorial of R. A, Morton and 
sundry other citizens of Fresno, C'al., and the memorial of the 
Liberty Association of Monterey, Cal., remonstrating against 
the commitment of the United States Government to a union of 
religion and the state by the passage of any legislation closing 
the World's Columbian Exposition on Sunday; which were re- 
ferred to tho Committee on the Quadro-Centennial (Select). 

Mr. HALE presented the petition of Samuel Guess, of Bangor, 
Me., praying that he be granted a pension; which was referred 
to the Committee on Pensions. 

Mr. VEST presented a jietition of the pastors and congrega- 
tions of the Methodist and Presbyterian churches of Craig, Mo., 
praying for the closing of the World's Columbian Exposition on 
Sunday; which was referred to the Committee on the Quadro- 
Centennial (Select). 

He also presented the memorial of C. L. Gough and other citi- 
zens of Rock Spring, Mo., and the memorial of William Evans 
and other citizens of Hamilton, Mo., remonstrating against the 
commitment of the United States Government to a union of reli- 
gion and the state by the passage of any legislation closing the 
World's Columbian Exposition on Sunday: which were referred 
to the Committee on the Quadro-Centennial (Select). 

Mr. DOLPH presented a petition of sundry citizens of Port- 
laud, Oregon, praying for the passage of legislation prohibiting 
the sale, manufacture, and importation of cigarettes in the United 
States; which was referred to the Committee on Epidemic Dis- 
eases. 

LIQTJOR TRAFFIC IN ALASKA. 

Mr. DOLPH. I desire to present a matter, in the nature of a 
petition, which I think ought to come before the Senate. The 
Senate is aware, and I call the attention of the chairman of the 
Committee on Territories to the fact, that because I had the te- 
merity to propose certain legislation which I thought beneiicial 
for the Territory of Alaska I have been the subject of considera- 
ble criticism. 

I am in receipt, by reference from the Attorney -General of the 
United States, of a letter from the recently appointed district 
judge of Alaska, raising the question as to whether there is any 
law, except the general law providing against the introduction 
and sale of liquors in Alaska, for the punishment of the saL' of 
liquors to Indians. I will not ask to have the letter read, but I 
will have it referred, with certain accompanying papers, to the 
Committee on Territories. 

I am also in receipt of a copy of the report of the grand jury 
recently assembled in the town of Juneau, in the Territnrv of 
Alaska, and accompanying it is a copy of the charge of the dis- 



5486 



OONGEESSIONAL KECORD— SENATE. 



June 27, 



trict judge to the grand jiu-y, from which I will read a single 

sentence: "^IiMbi 

In the MiniiiL' Kocoril. a public journal putplishefl iu this ciljfWWW 1jj.AIU 
of April 7, 1811^, a statement Irom Uuiiea States Senator Dolph, taken Irom 
the OrcBonlau, Is puhlished touchlni; upon this subject- 
That is, the sale of intoxicating liquors— 
in which, among other things, he says: "I went to Alaska sis years ago 
last summer, and again in August last, and on both occasions '^SKJff/jSSfS'A to 
ascertain the condition and wants of the people by actual obSBFWHCn and 
by iuiiuiry ol the Ftuleral olllcers and of the people. I found six years ago 
numerous Kaloous iu Sitka, Juueau, and Fort Wraugel where liquors were 
openlv disposed of, and learned that at some of them Indian women were 
engaged all night long in drinking, dancing, and debauchery; and there was 
at least one brewery In full operation in the district. I found VThen there 
last summer that there had been no improvement." 

Tliis is a part of the charge of the district judge of Alaska to 
the grand jury. I now quote from the official rej^ort of the grand 
jury: 

Re".^rding yotu- honor's Instructions referring to the sale of Intoxicating 
litiucus in Alaska, we have carefully considered the matter, and flud that 
there are five breweries engaged in the mauutaoture, and more than fifty re- 
tall dealers engaged in the" sale of intoxicating liquors In the Territory of 
Alaska. After careful consideration of the evidence we were able to 
obtain, we are of the opinion tliat it would bo impossible to secure convic- 
tion. We therefore earnestly recommend that a high-license system be es- 
tablished In Alaska, believing that such a system would be conducive to the 
general good and prosperity of our own people by ceasing to otter a lucrative 
business to smugglers from British territory; and we are of the opinion 
that it would haveTthe effect of compelling the licensed dealers to be vigilant 
in their efforts to drive out that portion of our community that thrives from 
the business of selling liquor to Indians. 

I call special attention to that, that a portion of the commu- 
nity is thriving by sailing liquor to Indians. 

We know that it will place the business in the hands of responsible citi- 
zens, and that the money accruing from the licenses, placed in the hands of 
the tovra trustees, can be e.'tiwnded on our streets, schools, and other public 
improvements. 

I present these papers, and move that they be referred to the 
Committee on Territories. 
The motion was agreed to. 

IMESSAGE FROM THE HOUSE. 

A message from the Housa of Representatives, by Mr. T. O. 
To WLES, its Chief Clerk, announced that the House insisted tipoa 
its amendments to the bill (S. 1273) to authorize the entry of 
lands cniefly valuable for building stone under the placer mining- 
laws, agreed to the conference asked by the Senate on the dis- 
agreeing votes of the two Houses thereon, and had appointed Mr. 
McRae. Mr. Bailey, and Mr. Clark of Wyoming, managers at 
the conference on the part of the House. 

The message also announced that the House had ijassed the 
following bills; in which it requested the concurrence of the 
Senate: 

A bill (H. R.2836) providing for the payment of $450 to pay W. 
S. Hrantly, executor of ,T. H. Brantly, for damages to property 
by United States troops in 1865: and 

A bill (H. R. 9284) making appropriations to supply deficiencies 
in the appropriations for the fiscal year ending June 30, 1892, 
and for prior years, and for other purposes. 

REPORTS OF COMMITTEES. 

Mr. ALLISON. I report back from the Committee on Appro- 
priations with amendments the bill (H. R. 0040) making appro- 
priations for the legislative, executive, and judicial expenses of 
the Government for the fiscal year ending June 30, 1893, and for 
other purposes. At the close of the morning business I should 
like to call up the bill for consideration, and I will now ask 
unanimous consent that at the close of the morning' business the 
bill may bo taken up. 

The PRESIDENT pro tempore. The Senator from Iowa asks 
the unanimous consent of the Senate that the legislative, etc., 
appropriation bill bo taken up for consideration at the close of 
the morning business to-day. Is there objection'? The Chair 
hears none, and it is so ordered. 

Mr. FAULKNER, from the Committee on the District of Co- 
lumbia, to v.'hom were referred the following bills, reported them 
severally without amendment: 

A bill (H. R. 8294) to punish the carrying or selling of deadly 
or dangerous weapons v/ithin the District of Columbia, and for 
other purposes; 

A bill (S. 3236) authorizing the Commissioners of the District 
of Columbia to refuse applications for water connections in cer- 
tain cases; and 

A bill (S. .3248) relating to acknowledgments of instruments 
affecting real estate within the District of Columbia. 

Mr. SAWYER, from the Committee on Pensions, to whom 
were referred the following bills, reported them severally with- 
out amendment, and submitted reports thereon: 

A bill (S. 1661) granting an increase of pension to John Hallam: 
and 

A bill (S. 3321) granting a pension to Mary Tuttle. 

Mr. MCMILLAN, from the Committee on the District of Co- 



lumbia, to whom was referred the bill (H. R. 8122) to prohibit 
the use of ' ' one-horse " cars within the limits of the city of Wash- 
■^^ton after the 1st day of January, 1893, and for other purposes, 
reported it with an amendment. 

Ho also, from the same committee, to whom was referred the 
amendment, submitted by himsL-lf on the 16th instant, intended 
to be proposed to the sundry civil appropriation bill cunccrning 
appropriation for the Daisy Chain Ho.spital in the District of 
olumbia, rejiorted it favorably, and moved that it be referred 
to the Committee on Appropriations, and ])rinted: which was 
agreed to. 

Mr. MORGAN, from the Committee on Public Lands, to whom 
was referred the bill (H. R. 5997) to amend section 2 of an act 
approved May 14, 1880, being "An act for the relief of settlers on 
public lands," reported it with an amendment. 

He also, from the same committee, to whom was referred the 
bill (H. R. 222) to grant certain iiublic lands to the Stale of Min- 
nesota for perpetual use as a public park, reported it without 
amendment. 

Mr. DAWES, from the Committee on Indian Affairs, to whom 
was referred the bill (S. 3317) extending the time for the con- 
struction of the Big Horn Southern Railroad through the Crow 
Indian Reservation, reported it with an amendment. 

Mr. DOLPH, from the Committee on Public Lands, to whom 
was referred the bill (S. 2421) to repeal the second section. No. 
4, of chapter 561 of the laws of the second session of the Fifty- 
first Congress, and to re mact the prei'mptioa laws thereby re- 
})ealed, reported adversely thereon, and the bill was postponed 
indefinitely. 

He also, from the same committee, to whom was referred the 
bill (S. 3037) providing for the restoration of the southwest 
quarter, section 34, township 12 north, range 3 west, to the public 
domain, and for other purposes, reported adversely thereon, and 
the bill was postponed indefinitely. 

He also, from the same committee, to whom was referred th ■ 
bill (H. R. 7028) to protect settlement rights where two or mori^ 
persons settle tipon the same subdivision of agricultural public 
lands before survey thereof, reported it without amendment. 

Mr. DOLPH. I also report favorably, from the Committee (>:: 
Public Lands, an amendment to the simdry civil apijropi-iation 
bill concerning land-grant railroad companies, which had b^en 
referred to the Committee on Appropriations and reported from 
that committee and referred to the Committee on Public Lands. 
I move that the jn'oposed amendment be re-referred to the Com- 
mittee on Appropriations. 

The motion was agreed to. 

Mr. PERKINS, from the Committee on the District of the Co- 
lumbia, to whom was referred the bill (H. R. 5446) to provide 
for the care of dependent children in the District of Columbia 
and to create a board of children's guardians, reported it with 
amendments and submitted a report thereon. 

Mr. MITCHELL, from the Committee on Claims, to whom wa.-i 
referred an amendment, submitted by Mr. TURPIE on the 24th of 
May, intended to be proposed to the deficiency appropriation bill, 
reported it favorably, and moved that it be I'eferred to the Com- 
mittee on Appropriations and printed; which was agreed to. 

Mr. WALTHALL, from the Committee on Public Lands, to 
whom was referred the bill (S. 2564) to amend section 6 of the act 
approved March 3, 1891, entitled ''An act to repeal timber-cul- 
ture laws, and for other purposes," reported it without amend- 
ment. 

Mr. HAWLEY, from the Committee on Military Affairs, to 
whom was referred the bill (H. R. .'W96) for the relief of A. S. 
Lee, asked to be discharged from its further consideration, and 
that it be referred to the Committee on Claims; which was 
agreed to. 

STATISTICS OF PRODUCTIVE INDUSTRIES. 

Mr. HALE. I report back from the Committee on the Census 
the bill (H. R. 7096) amendatory of an act entitled "An act to 
provide for the taking of the Eleventh Census," which I ask 
may be put upon its jtassage. 

The PRESIDENT jjro tempore. Is there objection to the pres- 
ent consideration of the bill'? 

Mr. COCKRELL. Let it be read for information. 

The PRESIDENT pro tempore. The bill will be road at length 
for information. 

The bill was read. 

Mr. COCKRELL. I should like to hear an cxpla:iationof tha 
necessity of the bill. If it I'elates to taking the present census, 
is it not too late to go into an examination of all these indus- 
tries and the taking of additional testimony'? 

Mr. HALE. The bill passed the other House without oppo- 
sition, and is reported by the Committee on the Census unani- 
mouslj-. It simply extends to unincorporat'od companies and 
individuals having manufacturing establishments the samj pro- 



i 



1892. 



CONGRESSIONAL RECORD— SENATE. 



5487 



visions as to makiug correct returns that now apply to incor- 
porated companies. It was omitted in the original act, and 
the Census Office has found embarrassment in some cases because 
pai'ties shelter themselves by this omission in the original law. 
Nobociy objected to the bill, Mr. President. 

The PRESIDENT pro tempore. If there be no objection, the 
bill is before the Senate as in Committee of the Whole. 

Mr. CALL. Mr. President, it is known to mo that the den- 
tists of this city and District and of the country generally take 
very great exception to the language contained in this bill. I 
understand from them 

Mr. BERBY. If the Senator will permit me a moment. I will 
state that a committee from tho association of dentists was be- 
fore the Committee on the Census this morning, and it was all 
arranged and agreed to. 

:Mr. CALL. Then I have nothing further to say on the sub- 
ject. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

BILLS INTRODUCED. 

ISIr. PADDOCK introduced a bill (S. 3325) granting an in- 
crer.se of pension to George W. Clark: which was read twice by 
its title, and, with the accompanying papers, referred to the 
Committee on Pensions. 

Mr. ALLISON introduced a bill (S. 3326) granting a pension 
of $-5 a month to William T. Pickett; which was read twice by 
its title, and referred to the Committee on Pensions. 

He also introduced a bill (S. 33:i7) granting a pension to Dun- 
can McGilvra; which was read twice by its title, and referred to 
the Committee on Pensions. 

Mr. BATE introduced a bill (S. 3328) for \\ie lelief of A. W. 
Wills, administrator; which was read twice by its title, and re- 
ferred to tlie Committee on Military Affairs. 

Mr. DAWES introduced a bill (S. 3329) to increase the area of 
the Northern Cheyenne or Tongue River Indian Reservation, 
Montana, and to authorize the Secretary of the Interior to set- 
tle the claims of bonajide settlers within the present reserva- 
tion and the addition thereto, and to make appropriation for 
that purpose; which was read twice by its title, and referred to 
the Committee on Indian Affairs. 

Mr. PEFFER introduced a bill (S. 33:!0j to define the status 
and for the relief of the heirs or legal representatives of certain 
recruits for tho Fourteenth Kansas Cavalry Volunteers who 
were killed at Lawrence, Kans., August 21, 1SG3, by guerrillas; 
which was read twice hy its title, and referred to the Committee 
on I^liUtary Affaii-s. 

I\lr. CAJ>IERON introduced a bill (S. 3331) to relieve and ex- 
empt John Henry Ley, of the District of Columbia, from the 
opciation of an act entitled "An act to restrict the ownership of 
real estate in the Territories to American citizens;" which was 
read twice by its title, and, with the accompanying jjaper , referred 
to the Committee on the Judiciarv, 

Mr. MANDERSON introduced' a bill (S. .3332) to establish a 
military post at or near the city of Santa Pe. in the county of 
Santa Fe, in the Territory of New Mexico; which was read twice 
by its title, and referred to the Committee on Military Affairs. 

He also introduced a bill (S. 3333) for the relief of Capt. Henry 
Romeyn, Fifth Regiment of Infantry, Army of the United States; 
which was read twice by its title, and, with the accompanying 
papers, referred to the Committee on Militarv Affairs. 

Mr. TURPIE introduced a bill (S. 3334) to remove the charge 
of ( esertion from the military record of Alexander King, de- 
ceased; which was read twice by its title, and referred to the 
Committee on ^lilitary Affairs. 

Mr. GORDON introduced a bill (S. 3335) for the relief of Charles 
L. Bradnell; which was read twice by its title, and referred to 
the Committee on Claims. 

INIr. HUNTON introduced a joint resolution (S. R. 91) extend- 
ing tho time for the construction of a hotel upon the Govern- 
ment ReservationatFortress Monroe, Va.; which was read twice 
by its title, and referred to the Committee on Military Affairs. 

AMENDMENTS TO APPROPRIATION BILLS. 

Mr. CAMERON submitted an amendment intended to be pro- 
posed by him to the sundry civil appropriation bill; which was 
ordered to be printed, and, with the accompanying papers, refer- 
red to the Committee on Appropriations. 

Mr. KENNA submitted an amendment intended to be proposed 
by him to the general deficiency appropriation bill; which was 
referred to the Committee on Appropriations, and ordered to be 
printed. 

Mr. CALL submitted an amendment intended to be proposed 
by him to the simdry civil appropriation bill; which was referred 
to the Committee on the District of Columbia, and ordered to be 
lirinted. 



PRINTING OF PAPERS. 

Mr. SHERMAN. I ask for an order to print a letter from tho 
Secretary of the Interior, and also one from the Commissioner 
of the General Land Oftice, in supjjort of an amendment to the 
stmdry civil appropriation bill, authorizing the S-jcrctary of the 
Interior to purchase tho original records of entries of the lands 
within the Virginia military districtof Iventuckyand Ohio, etc., * 
now pending in the Committee on Apiiropriations. It is im- 
portant that these communications should be printed. 

The PRESIDENT pro tempore. The papers will be printed if 
there be no objection. The Chair hears none, and it is so or- 
dered. 

INVESTIGATIOX BY COMMITTEE ON MINES AND MINING. 

Mr. STEWART submitted the following resolution, which 
was referred to the Committee to Audit and Control the Con- 
tingent Expenses of tho Senate; 

I?tio!ciil. Tliat tho Committee on Mines anil Mining, be. and it Is hereby, 
aitlborized and directed, to investigate uiid report ttie average cost of the 
production of gold and silver bullion iu the United States; and fi>i* that pur- 
pose tho committee is hereby authorized to sit during the recess of the Sen- 
ate, to employ a clerli, and the necessar.v expenses to be paid from the con- 
tingent fimd of the Senate, uponvouchcrstobe approved by the Committee 
to Audit and Control tho Contingent Expenses of the Senate. 

FRENCH SPOLIATION CLAIMS. 

Mr. HALE. I submit an order and ask for its present consid- 
eration. 

The resolution was considered by unanimous consant, as follows: 

Orilfrcd, That the Committee on Appropritions be di ch,argcd from further 
cousideratlon of the following French spoliation claims favorably rep:jrted 
by the Court of Claims, and that they l^e referred to the Committee ou 
Claims: 

Brig Confidence, Thomas Manning, master ; Firty-.seeond Congress, first 
session. Senate Miscellaneous Document No. 5, page 17. 

Brig. Eleanor, James Treat: idem, page 22. 

Schooner Eliza, Thomas Poulson; iUetn, i age 25. 

Snow Fanny, Garrett Barry; idem, page 20. 

Sloop Federal George, G.' rgeHussey; Mem, page 30. 

Schooner Hanna . Philip Bessom; idem, page 31. 

Brig Hope. Church: idem, page 35. 

Schooner Lticy, Lewis Holmes: idem, page -13. 

Ship Patapsco. William Hill; idem, page 47. 

Schooner Thankful, William Ward ; ta«wi, page 53. 

Schooner Alert. Jacob Oliver: Senate Miscellaneous Document No. 20, 
page 1. 

Ship Betsey, Josiah Obear: idem, page 4. 

Ship J.aue, John Wallace; idem, -pstge 10. 

.Ship Theresa, Philip Brum: Senate Miscellaneous Document No. 22. 

Brig Yoriclv, William Moodie; Senate Miscellaneous Document No. 7?. 

Schooner Betsey, John MiUT)hy: Senate Miscellaneous Documeul No. CO. 

Mr. MITCHELL. I should like to inquire of the Senator from 
Maine whether this proposed order inchides anj- of the claims 
that have heretofore gone to the committee, or relates only to 
those that have gone there during the jjresent sessions 

Mr. HALE. It relates to those that have gone there at the 
present session, I understand. 

The resolution was agreed to. 

TARIFF POLICT. 

Mr. HALE submitted the following resolution, which was 
read : 

Whereas at no time has so large a proportion of the American people been 
employed at so high wages and purchasing the necessities and comforts of 
lite at so low prices as in the year 1892; and 

Whereas the balance of trade with foreign countries has never been so 
large in favor of the United .States as in the last year; and 

Whereas these conditions exist and are largelj' due to tho Republican 
policy of "protection:" Therefore. 

iteiohcd, That the Committee on Finance be, and is hereby, directed to in- 
quire Into the effect of a policy of '■ tariff for revenue onl.v " upon the labor 
andthe industries of the United States and to report upon the same to the 
Senate. 

Mr. HALE. I ask that the resolution may lie on the table, and I 
shall call it up to-morrow morning atthe conclusion of the morn- 
ing business. 

Mr. COCKRELL. Tho Senator proposes to call up the reso- 
lution to-morrow for tho purpose of making remarks, I under- 
stand. He dees not propose to call it up for action? 

Mr. HALE. No. 

The PRESIDENT pro tempore. The resolution will lie on tho 
table for tho present. 

FREE COINAGE. 

Mr. STEWART. I submit an amendment intended to be pro- 
Ijosed to the bill (S. 51) to provide for the free coinage of gold 
and silver bullitm, and for other purposes, which I ask may be 
read and printed. It proposes to strike out all after the enact- 
ing clause and insert what I send to the desk. 

The proposed amendment was read, and ordered to lie on the 
table and to be printed, as follows: 

The owner of silver bullion may deposit tho same at any mint of the United 
States to be coined for his benelit. and it shall be the duty of the proper 
officers, upon the terms and conditions which arepro%'ided liy law for the de- 
posit and coinage of gold, to coin such silver bullion into the standard dol- 
lars authorized by the act of February 38, 1878, entitled "An act toauthorizo 
the coinage of the standard silver dollar and to restore its legal-tender char- 
acter;" and such coins shall be a legal tender for all debts and due.s, public 



5488 



CONGRESSIONAL RECORD— SENATE. 



June 27, 



11,(1 nriv-ite- Provided. That toreiBii silver coius, or silver coins bearing the 
fmwess Sf fore gu mints, and bullion formed by meltitt? down such coins, 
ihiilbl excluded from the provisions of this act, and the Secretary of the 
S-lasiuT'ls authorized and' required to make such regiur.tlons as may be 
neceSary to carry this provision into effect. The act ot July M, 1890 entitled 
-An act directint; the purchase of silver bullion and the issue ot Treastiry 
notes thereon, and tor other purposes," is hereby repealed. 
CIRCUIT COURT OF APPEALS. 

Mr. MITCHELL. I ask the Chair to lay betoro the Senate 
the amendments of the House of Representatives to Senate bill 
2729. 

Tlio PRESIDENT pro tempore laid before the Senate _t,he 
amendments of the House of Ropi-esontatives to the bill (S. 272'.») 
to amend an act entitled ''An act to establish circuit courts of 
appeals, and to deline and regulate in certain cases the jurisdic- 
tion of the courts of the United States, and for other purposes^ 

Mr. MITCHELL. I move that the Senate nonconcur in the 
amendments of the House and ask a conference on the disagreo- 
inof votes of the two Houses. 

The motion was asreod to. 

By unanimous consent, the President ;jro ietrqwrc was au- 
thorized to appoint the conferees on the part of the Senate, and 
Mr. Mitchell, Mr. Pla.tt, and Mr. Pu<jh were appointed. 

PRESIDENTIAL APPROVALS. 

A message from the President of the United States, by Mr. 
O. L. Pruden, one of his secretaries, announced that the Pres- 
ident had on the 24th instant approved and signed the following 
act and joint resolution: 

An act (S. 3036) to confirm New Madrid location survey No. 
2475, and to provide for the issue of a patent therefor; and 

A joint resolution (S. R. 47) authorizing the resubdivision of 
square (i73, in the city of Washington. 

The message also announced that the President had on the 2.")th 
instant approved and signed the following acts: 

An act (S. 153) to providean American register for the st:a!ner 
Fo.xnall of New Orleans, La.; 

An act (S. 81) to relinquish the interest of the United States 
in a certain parcel of land in the city of Pensacola, Pla.. to Es- 
cambia Lodge, No. 15, Free and Accepted Masons; 

x\n act (S. 1380) to amend an act entitled '-Anact toforfeitcer- 
tain lands heretofore granted for the purpose of aiding in the 
construction ot railroads, and for other purposes;"' and 

An act (S. 1714) to prevent cruelty to children or animals in 
t)^ District of Columbia, and for other purposes. 

reciprocal trade agreements. 

The PRESIDENT pro lemiwre laid before the Senate the fol- 
lowing message from the President of the United States; which 
was read: 
To the Senate: 

In response to the resolution of the Senate dated April 6. 1893, directing the 
Secretary of State to send to the Senate, it not incompatible mth the public 
interests, copies of all commercial agi-eements made with other countries, 
and also to report what steps have been taken to negotiate a reciprocal com- 
mercial treaty with Mexico, I submit herewith the reply of the Acting Sec- 
retary of State to that resolution. 

BENJ. HAERISON. 
ExEcnxrvE Mansion, June 2~, 1892. 

The PRESIDENT pro tempore. The message, with the accom- 
panying papers, will be printed in the usual number and lie on 
the table. 
Mr. PLATT. Should not the message be referred^ 
The PRESIDENT pro tempore. The Senator who introduced 
the resolution desired that it should lie on the table, that he 
might address the Senate on the subject. 

HOUSE BILLS REFERRED. 

The bill (H. R. 2836) providing for the payment of $450 to pay 
W. S. Brantly, executor of J. H. Brantly, for damages to prop- 
erty by United States troops in 1865, was read twice by its title, 
and referred to the Committee on Claims. 

The bill (H. R. 9284) making appropriations to supply deficien- 
cies in the appropriations for the fiscal year ending .lune 30, 
1892, and for prior years, and for other purposes, was read twice 
by its title, and referred to the Committee on Appropriations. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had agreed 
to the reports of the committees of conference on the disagree- 
ing votes of the two Houses on the amendments of the Senate to 
the following bills: 

A bill (H. R. 410) to amend the charier of the Eckington and 
Soldiers" Home Railroad Company; and 

A bill (H. R. 429) to incorporate the District of Columbia Sub- 
urlian Railway Comjiany. 

The message also announced that the House had disagreed to 
the report of the committee of conference on the disagreeing 
votes of the two Houses on the amendments of the Senate to the 
bill (H. R. 4636) making appropriations for the support of the 



Military Academy for the fiscal year ending June 30, 1893, asked 
a further conference with the Senate on the disagreeing votes 
of the two Houses thereon, and had appointed Mr. Wheeler of 
Alabama, Mr. Mitchell, and Mr. Bowej?s managers at the 
conference on the part of the House. 

MILITARY ACADEMY APPROPRIATION BILL. 

The PRESIDENT j«'o tempore laid before the Senate the action 
of the House of Representatives, disagreeing to the report of the 
committee of conference on the disagreeing votes of the two 
Houses on the amendments of the Senato to the bill (H. R. 4630) 
making ajipropriations for the support of the Military Academy 
for the fiscal year ending June 30, 1893, and asking a further 
conference with the Senate on the disagreeing votes of the two 
Houses thereon. 

Mr. CULLOM. I move that the Senate further insist upon 
its amendments, and agree to the further conference asked by 
the House of Representatives. 

The motion was agreed to. 

By unanimous consent the President piro tempore was au- 
thorized to ap]ioint the conferees on the part of the Senate, and 
Mr. CuLLOM, Mr. STEWART, and Mr. Call were appointed. 

LEGISLATIVE, etc., APPROPRIATION BILL. 

The PRESIDENT pi-o tempore. If there be no further morn- 
ing business, the Chair lays before the Senate, under its order, 
the legislative, etc., appropriation bill. 

The Senato. as in Committee of the Whole, proceeded to con- 
sider the bill (H. R. 9040) making appropriations for the legis- 
lative, executive, and judicial expenses of the Government for 
the fiscal yearending June30, 189:_!",and for other purposes, which 
had been rejMrted from the Committee on Appropriations with 
amendments. 

Mr. ALLISON. I ask that the formal reading of the bill be 
dispensed with, and that as the bill is read the amendments of 
the committee may be considered in the order in which they are 
reached. 

The PRESIDENT pnv tempore. The Senator from Iowa asks 
the unanimous consent of the Senate that the formal reading of 
the bill at length as in Committee of the Whole be dispensed 
with, and that the bill be read for action upon the committee 
amendments. Is there objection? The Chair hears none, and 
it is so ordered. 

Mr. ALLISON. I will state in respect to this measure that it 
is a bill of details and there are very few controverted questions 
involved in it. If Senators will turn to report No. 839, which will 
be found on the desks of Senators, they will see the changes pro- 
posed by the Committee on Appropriations. I ask that the bill 
may be pi'oceeded with. 

The Secretary proceeded to read the bill. The first amend- 
ment rep:n-tcd by the Committee on Appropriations was, in the 
appropriations for " Senate," on page 2, line 2, to increase the 
ai^propriation "for compensation of the officers, clerks, messen- 
gers, and others in the service of the Senate," from " $316,608.90 
to $391,041.82." 

The amendment was agreed to. 

The next amendment was, on page 2, line 19, after the word 
"dollars,"' to strike out "or so much thereof as maybe neces- 
sary;" so as to read: 

Office of Secretary: For Secretary of the Senate, 15,01)0; including com- 
pensation as disbursine officer of the contingent fund of the Senate, and fot 
compensation as disbursing ofBcer of salaries of Senators, $39S; hire of horsa 
and wagon for the Secretary's office, $700. 

The amendment was agreed to. 

The next amendment was, in the same clause, on page 2, in 
line 21, after the word " each,"' to strike out "principal execu- 
tive clerk." 

The amendment was agreed to. 

The next amendment was, in the same clause, on page 2, line 
24, after the words '■ financial clerk,"' to insert" and reading 
clerk, at;"' and in line 25, after the word "dollars," to insert 
" each;"' so as to read: 

Principal clerk, minute and journal clerk, and enrolling clerk, at S2.593 
each; assistant financial clerk and reading clerk, at J3,400 each. 

The amendment was agreed to. 

The next amendment was, on page 3, line 11 , to reduce the total 
amount of the appropriations for "Office of Secretary of tho 
Senate " from $64,638.90 to $64,446.90. 

The amendment was agreed to. 

The next amendment was, in the appropriations for "clerks 
and messengers to committees." on page 5, in line I, after the 
words "Coast Defenses,"' to strike out " and ;" and in the same 
line, after the word " Rules," to insert " and Privileges and Elec- 
tions ; " so as to read: 

Patents, Coast Defenses, Rules, and Privileges and Elections, at $2,220 
each. 

The amendment was agreed to. ' 

The next amendment was, on page 5, in line 3, to increase the 



1892. 



CONGRESSIONAL RECORD— SENATE. 



5503 



general law is authorized to discharge the duties of the marshal, 
will bo ijresent, and for that presence will be entitled to a per 
diem. "" 

Mr. FELTON. That baing correct, and I apprehend that it 
is, has there been any additional appropriation in the bill of this 
year to provide for these marshals, or is the bill predicated upon 
the conditions that existed before and the condition of the law 
as it now exists, which amounts to $24,000? In other words, is 
there anything in the bill which the Senator speaks of, or in a 
general way has anything been added to that bill for this pur- 
pose'? 

]Mr. ALLISON. Not yet. The House of Representatives, if 
I may speak of that, or I would rather say the sundry civil bill 
that comes to the Senate from the only place whence it can 
come, has not only not provided for this, but has not provided by 
a long way for the ordinary and necessary expenses of the courts 
of the United States. Therefore, whatever is added must bs 
added in this body, in order that the courts of the United States 
maybe carried on during the next fiscal year. It is true by these 
parings off and scissorings and filings these bills ai'o a shade less 
and sometimes a good deal less than they are when they leave 
this body, and because of these scissorings and these filings the 
bills seem to meet the approval of the Senator from Arkansas. 
The PRESIDENT pro tempore. The question ison the amend- 
ment of the Senator from Connecticut to strike out the first para- 
graph on page 115, on which the yeas and uays have been or- 
dered. The Secretary will call the roll. 
The Secretary proceeded to call the roll. 

Mr. CALL (when his name was called). I am paired with the 
Senator from Vermont [Mr. Proctor]. I do not know how he 
would vote, and therefore I withhold my vote. 

Mr. CULLOM (when his name was called). I am paired with 
the Senator from Delaware [Mr. Gray]. Not knowing how he 
would vote on this question, I witlihold ray vot?. 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. Morrill]. 

Mr. McMillan (when his name was called). I am paired with 
the Senator from North Carolina [Mr. Vance]. Not knowing 
how ho would vote, I withhold mj' vote. 

Mr. MORGAN (when his name was called). lam paired with 
the Senator from Massachusetts [Mr. Dawes]. If he were pre- 
sent I should vote "yea." 

Mr. PASCO (when his name was called). I am jjaired with 
the Senator from North Dakota [Mr. Casey]. In his absence I 
withhold my vote. 

Mr. DUBOIS (when Mr. Shoup's name was called). My col- 
league [Mr. Shoup] is paired on this vote with the Senator'from 
"West Virginia [Mr. Faulkner]. 

Mr. SQUIRE (when his name was called). I am paired with 
the Senator from Virginia [Mr. Daniel]. If ho were present I 
should vote "yea." 
The roll call was concluded. 

Mr. FAULKNER (after having voted in the negative). I am 
paired with the Senator from Idaho [Mr. Shoup], as announced 
by his colleague, and I ask leave to withdraw the vote which I 
cast. 

Mr. CULLOM. I will inquire if there was any announcement 
of a pair with the Senator from Colox'ado [Mr. Teller]. 
The PRESIDENT pro tempore. None has been announced. 
Mr. CULLOM. If that is the case, I will take the liberty of 
transferring my pair with the Senator from Delaware [Mr. Gray] 
to the Senator from Colorado [Mr. Teller] for the time being, 
and I vote nay. 
The result was announced— j'eas 24, nays 14; as follows: 

yeas— 34. 

Piatt, 

Pugh. 

Quay, 

Sawyer, 

Stewart 

Warren. 



Vest, 
Walthall. 



.Squire, 

Stanford. 

.Stockbridcre, 

Teller, 

Vance, 

Vilas, 

Voorhees. 

Washburn, 

White, 

Wilson, 

Wolcott. 



Bale. 


Dixon. 


Hunton. 


Biotlgett. 


Dolph. 


Manderson, 


Buller, 


Dubois, 


Mitchell, 


Cameron, 


Frve, 


Paddock, 


Colquitt, 


Gallinger, 


Peffer, 


Davis. 


Hawley, 


Perkins, 
NAYS— 14. 


Allison, 


Coke. 


Hale, 


Berry. 


Culloni, 


Kyle, 
Mills, 1 


Bla-'libuvn, 


Felton, 


Cotkrcll, 


George, 


Turpie, 




NOT VOTING— 50. 


Aldrich, 


Gordon. 


McMillan, 


Allen. 


Gorman, 


McPherson 


Brice. 


Gray, 


Morgan, 


Call. 


Hansbrough, 


MorrUl, 


Carey. 


Harris, 


Palmer, 


CarlLsle, 


Hlgglns. 


Pasco, 


Casey. 


Hill, 


Pettigrew, 


Chandler, 


Hiscock, 


Power, 


Daniel, 


Hoar, 


Proctor, 


Dawes, 


Irby, 


Ransom, 


F;mll;ner, 


Jones, Ark. 


Sanders, 


Gibson, La. 


Jones, Nev. 


Sherman, 


Gibson, Md. 


Kenna, 


Shoup, 



The PRESIDENT pro tempore. No quorum voting, the Sec- 
retary will call the roll of the Senate. 

The Secretary called the roll, and the following Senators an- 
swexed to their names: 

PRESENT— 15. 

Allison. Davis, Hunton. Pugh. 

Bate. Dixon, Kyle. Quay, 

Berry, Dolpli, McMillan, Sawyer, 

Blarkburn. Dubois, Manderson, Squire. 

Blodgett. Faulkner, Mills, Stewart 

Butler. FiTe, Mitchell, Turpie. 

Call, Gallinger, Morgan, Vest, 

Cameron, George, Paddock, Walthall, 

Cor-krell, Gordon. Pasco, Warren 

Coke, Hale, Peffer, 

Colquitt, Harris, Perkins, 

Culloni, Hawley, Piatt, 

The PRESIDENT pro tempore. Forty-five Senators have re- 
sponded to their naoies. A quorum of the Senate being pi-esent, 
the Socrelai\v will call the roll on the ])endiag question, which 
is to strikeout lines 1 to 10, inclusive, on page ILO of the bill. 

The Secretary proceeded to call the i-oll. 

Mr. CALL (when his name was called). I am paired with the 
.Senator fi-om Vermont [Mr. PltOCTOli]. 

Mr. FAULKNER (when his name was called). I am paired 
with the Sena', or from Idaho [Mr. Shoup]. If he were prossnt, I 
should vote " nay." 

Mr. CAMERON (to Ml-. Faulkner 1. Vote anyway to make 
a quorum. 

Mr. HARRIS (when his name was called). I am paii-ed v,-ith 
the Senator from Vermont [Mr. Morkill]. 

Mr. McMillan (when his name was called). I am paired 
with the Senator from North Carolina |.Mr. Vance]. 1 transfer 
that pair to the Senator from Rhode Island [I\Ir. Aldricu], and 
vote "yea." 

Mr. MORGAN (when his name was called). I am paired with 
the Senator from Massichusotts [Mr. D.VWES]. 

Mr. PASCO (when his name was called). I again announce 
my pair with the .Senator from North Dakota [Mr. C.\Sey]. 

Mr. DUBOIS (when Mr. Shouf'.s name was called). With 
the consent of the Senator from West Vii'giiiia[Mr. Faulkner], 
I transfer the pair of my colleague [Mr. SHOUP] to the Senator 
from Nevada [Mr. Jones]. 

Mr. SQUIRE (when his name was called). I will state again 
that I am pairod with the Senator from Virginia [Mr. D.\niel], 
anil am not at liberty to vote. 

The I'oU call was concluded. 

Mr. SQUIRE. I will transfer my pair with the Senator from 
Virginia [Mr. Daniel] to the Senator from Wyoming [Mr. 
Carey], and vote "yea." 

Mr. FAULKNER As my pair with the Senator fi-om Idaho 
[Mr. Shoup] has been released, I vote "nay." 

The result was announced — yeas 23, nays 1-5; as follows: 

\'EAS-26. 



Bate, 


• 


Dolph, 


Manderson, 


Quay, 


Blodgett, 


X 


Dubois, 


Mitchell, 


Sawyer, 


Butler, 


OJ 


Frye, 


Paddock, 


Squire, 


Cameron. 


"a 


Gallinger, 


Peffer, 


Stewart, 


Colquitt, 


c= 


Hawley, 


Perkinp, 


Warren. 


Davis, 


■■" 


Hunton, 


Piatt, 




Dixon, 


CO 


McMillan, 


Pugh, 
NAYS-15. 




Allison, 




Coke, 


George, 


Turpie, 


Berry, 


Z3 


Cullom, 


Hale, 


Vest, 


Blackburn, 


Faulkner, 


Kyle, 


Walthall, 


Oockrell, 


Felton, 

NO! 


Mills, 
' VOTING— 17. 




Aldrich, 


00 


Gordon. 


Keuna, 


Shoup, 


Allen, 
Brice, 


o 


t: ormau. 


McPherson. 


Stanford, 


Gray, 


Morgan, 


Stockbridge 


Call, 


Hansbrough. 


MorrUl, 


Teller, 


Carey, 


Harris, 


Palmer, 


Vance, 


Carlisle, 




Hlggins, 


Pasco, 


Vilas. 


Casey, 




Hill, 


Pettigrew, 


Voorhees. 


Chandler, 




Hiscock, 


Power. 


Washburn, 


Daniel, 




Hoar, 


Proctor. 


White, 


Dawes, 




Irby, 


Ransom, 


Wilson. 


Gibson, La. 




Jones, Ark, 


Sanders. 


Wolcott. 


Gibson, Md. 




Jones, Nev. 


Sherman, 





The PRESIDENT pro tempore. No quorum having voted, the 
Secretary will call the roll of the Senate. 

Mr. PERKINS. We had better adjourn. 

Mr. GEORGE. If in order, I move an adjournment. 

Mr. FRYE. I hope the Senator will not do that. I want a 
brief e.^ecutive session. 

Mr. GEORGE. I will withdraw the motion. 

The PRESIDENT protempore. The roll will be called. 

The Secretary called the roll, and the following Senators aa- 
swered to their names: 
Allison, 
Bate, 
Berrv, 
Blackburn, 



Blodgett, 


Cockrell, 


Daris, 


Butler, 


Coke, 


Dixon, 


Call, 


Colquitt, 


Dolph, 


Cameron, 


Cullom, 


Dubois 



5504 



CONGRESSIONAL EECORD— HOUSE. 



June 27, 



Faulkner. Hunton, Pasco, Stewart, 

Felton, Kyle, Peffer, Turple, 

Krve McMillan, Perkins, Veat, 

Gallinger, Mauilerson, Piatt, Walthall, 

George, Mills, PugU, Warren. 

Hale, Mltcbell, Quay, 

Harris, Morgan, SawTer, 

Hawley, Paddocl!, Sciulre, 

Mr. FAULKNER. I desire to state that my colleague [Mr. 
Kenna] is kept from the Senate by indisposition this evening, 
or he would be present. 

The PRESIDENT /))-oto)ipor('. Forty-five Senators have re- 
sponded to their names. A quorum of the Senate is present. 

Mr. ALLISON. It is manifest that this bill can not ba con- 
cluded to-night. Therefore I shall not press it further. The 
Senator from Maine desires an executive session. 
CORRECTION — PAPER CURRENCY. 

Mr. FRYE. Mr. President 

Mr. ALLISON. Before going into executive sjssion I ask 
unanimous consent to say one word respecting some observations 
I made on Thursday last. I was made to say in some impromptu 
observations in response to the Senator from Kansas [Mr. I^ef- 
FER] that the ".3 notes were a legal tender by law, which was a 
mistake. They never were a legal tender in any s_'nso. They 
may have passed for the time being as currency. I wish to cor- 
rect that statement, made by myself on Thursday last. 
FREE COINAGE. 

Mr. FRYE. I move that the Senate proceed to the consid- 
eration ot executive business. 

The PRESIDENT pru tempore. Before putting the question, 
the Chair will lay before the Senate the unfinished business; 
which will hi stated. 

The Secretary. A bill (S. 51) to provide for the free coin- 
age of gold and silver bullion, and for other pui'poses. 

EXECUTIVE SESSION. 

The PRESIDENTpro tempore. The Senator from Maine moves 
that the Senate proceed to the consideration of executive busi- 
ness. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After ten minutes spent in 
executive session the doors were reopened, and (at .') o'clock and 
30 minutes p. m.) the Senate adjourned until to-morrow. Tues- 
day, June 28, 1892, at 12 o'clock m. 



NOMINATIONS. 

Executive nominations received hij the Senate, June 27, 1S92. 

REVENUE CUTTER SERVICE. 

Second Assistant Engineer Andrew J. Howison. of Pennsyl- 
vania, to be a first assistant engineer in the Revenue Cutter 
Service. 

Charles A. McAllister, of New York, to bo a second assistant 
engineer in the Revenue Cutter Service. 

Charles W. Zastrow, of Maryland, to be a second assistant en- 
gineer in the Revenue Cutter Service. 

PROMOTIONS IN THE ARMY. 

Ordnance Department. 
First Lieut. Prank E. Hobbs, to be captain, .June 14, 181)2. 

Infantri/ Arm. 
Second Lieut. James Mitchell, Fifte:-nth Infantry, to be first 
lieutenant, June 18, 1892, vice Noyes, Ninth Infantry, appointed 
regimental adjutant. 

SURVEYOR-GENERAL. • 

Amos F. Shaw, of Vancouver, Wash., to be surveyor-general 
of Washington, vice Thomas H. Cavanaugh, resigned. 

REGISTER OF LAND OFFICE. 

Richard D. Mobley, of Grand Junction, Colo., to be register of 
the land office at Montrose, Colo., vic3 William H. Sti-ele, term 
expired. 

RECEIVER OP PUBLIC MONEYS. 

Edward H. Smith, of Montrose, Colo., to be receiver of public 
moneys at Montrose, Colo., vice Henry C. Pink, term expired. 

POSTMASTER. 

James A. Kennedy, to be postmaster at Tarentum, in the county 
of Allegheny and State of Pennsylvania, in the place of Robert 
H. Wilson, resigned. 



1S92 



CONFIRMATIONS. 
Executive nominations confirmed hy the Senate, June 

SURVEYOR OF CUSTOMS. 

William Arnd, of Iowa, to be surveyor of customs for the port 



of Council Bluffs, in the Statj of Iowa, in the district of New 
Orleans. 

APPOINTMENTS IN THE MARINE HOSPITAL SERVICE. 

James A. Nydegger.of Maryland, to be an assistant surgeon in 
the Marine Hospital Service of the United States. 

William J. S. Stewa-rt, of Pennsylvania, to be an assistant sur- 
geon in the Marine Hospital Service of the United States. 

James B. Stoner, of Pennsylvania, to be a passed assistant sur- 
geon in the Marine Hospital Service of the United States. 

APPOINTMENT IN" REVENUE CUTTER SERVICE. 

Charles A. McAllister, to be a second assistant engineer in the 
Revenue Cutter Service. 

POSTMASTER. 
.James A. Kennedy, to be postmaster at Tarentum, Pa. 



HOUSE OF EEPEESENTATIVES. 

Monday, June 27, 1892. 

The House met at 11 o'clock a. m. Prayer bv the Chaplain, 
Rev. W. H. MILDURN, D. D. 

The SPEAKER. The Clerk will read the Journal of the pro- 
ceedings of Saturday's session. 

Mr. DAVIS. Mr. Speaker, no quorum is present. 

Mr. BELKNAP. I move a call of the House. 

The question was taken, and the Speaker announced that the 
ayes s.^emed to have it. 

Mr. OATES. I ask for a division. 

The House divided; and there were — ayes 73, noes 17; soacall 
of the House was ordered. 

The roll was called, and the following-named members failed 
to respond: 



Allen. 


Coolidge, 


Hopkins, Pa. 


Russell. 


Aniernian. 


Cooper, 


Hopkins. 111. 


Sanford, 


Andrew, 


Covert, 


Houk. Tenu. 


Seerley. 


Bacon, 


Cowles, 


Hull. 


Springer, 
Stahluecker, 


Barwii;, 


Cox, N. Y. 


Ketcham. 


Beeman, 


Craig. Pa. 


Kribbs, 


Stephenson. 


Beldi-n. 


Craln, Tex. 


Lagan. 


Stewart, Tex. 


Beru'cn. 


Curtis. 


Lane. 


Stump. 


Blanrhard, 


Cutting, 


Lapham. 


Tarsney. 


Bland, 


De Forest, 


Lester, Va. 


Taylor, Tenn. 


Boatner. 


Dlngley, 


Lewis. 


Taylor, J. D. 


Boulelle. 


Doan. 


Lockwood, 


Taylor, V. A. 


Bowers. 


DoUiv.'r. 


Lodge. 


Tillman, 


Brawley, 


Dou' (van, 


Magner. 


To«iisend, 


Brv)derick. 


Dunphy, 


McClellan, 


Tratey, 


Brown. 


Duborrow, 


McDonald, 


Turpin, 


Brunner, 


Enochs, 


McGann, 


Wadsworth, 


Brvan, 


Fellows, 


Milliken. 


Walker, 


Buchanan, N. J. 


Fitch, 


Mitchell, 


Warner, 


Buchanan. Vu. 


FUuian. 


Morse, 


Warwick, 


Bunting. 


Forman, 


Moses. 


Washington, 


Busey. 


Gantz, 


Norton. 


Weadock, 


Busbnel. 


Geary. 


ONeill. Mo. 


Wever, 


Bvrnes, 


Gorman, 


Page. R. I. 


Wheeler, Mich. 


Cable, 


Grlswold. 


Page. Md. 


Whiting, 


Cadmus. 


Grout, 


Pattison, Ohio. 


Wike, 


Caldwell, 


Hamilton, 


Pattou, 


Williams, Mass 


Campbell, 


Hare. 


Peil. 


Williams. N. C. 


Capehart, 


Harmer, 


Post. 


Williams. 111. 


Castle. 


Hatch, 


Price. 


Wilson, Ky. 


Causey, 


Hayes, Iowa. 


Quackeubush, 


Wilson, Wash. 


Che.atham, 


Haynes. Ohio. 


Randall, 


Wilson, W. V;i. 


Chapin. 


Hemphill, 


Ravner, 


Wise. 


Clancy, 


Henderson, Iowa. 


Rpilly. 


Wright. 


Clover, 


Henderson. III. 


Rpyburn. 




Cockran, 


Hoar. 


Robinson, Pa. 





The SPEAKER. The dooi's will now bs closed, and the names 
of the absentees called: and on this call excuses are in order. 

Mr. MUTCHLER (when the name of Mr. Craig of Penn- 
sylvania was called). Mr. Speaker, my colleague [Mr. Craig] 
is at h:ime sick. I ask that he be excused. 

There was no objection. 

Mr. MOORE (when the name of Mr. Grain of Texas was 
reached). I ask that my colleague [Mr. Cr.^inJ be excused, on 
account of sickness. 

There was no objection. 

Mr. KYLE (when the name of Mr. Beeman was called). 
Jlr. Speaker, I desire that my colleauge [Mr. Beeman] be ex- 
cused, on accountof sickness. 

There was no objection. 

Mr. TUCKER (when the name of Mr. Buchanan of Vir- 
ginia was called). Mr. Speaker, my colleague [Mr. Bltchan".\x] 
has been suddenly called from the city this morning. I ask that 
he be excused. 

The SPEAKER. The gentleman from Virginia can only be 
excused for the day, there being no quorum. 

Mr. HENDERSON of North Carolina (when the name of Mr. 
Williams of North Carolina was called). Mr. Speaker, my 



1892. 



CONGRESSIONAL EECORD— SENATE. 



5561 



ments, of which it is said it shall not be composed of more than 
two members of any political party. 

Mr. DAWES. I think there ai'c two such commissions. 
Mr. PLATT. One caught my ear as it was being- read. 
Mr. DAWES. One was amended by inserting that provision. 
That provision is also in the other item. One of them is a new 
commission created to settle the difHculties that have arisen out 
of a report of the commission this year among- the Spokane In- 
dians. That contains the suggestion referred to by the Senator 
from Connecticut. The one in which the amendment was in- 
serted by the conference committee I can not state unless the 
Secretary will give me the number of the amendment. ^^ 
Mr. PLATT. What is the number of that amendment? 
Mr. DAWES. Will the Secretary be kind enough to give the 
number of the amendment which inserts the provision that only 
two of the members of the commission shall be of one political 
party? 

Mr. PLATT. I suppose that I can just as well say what I de- 
sire without that particular reference. 

The PRESIDENT proWmpore. The Chair is informed that 
the number of the amendment is 53. 
Mr. DAWES. The clause reads; 

To enable the Secretai-y of the Interior, in his diseretion, to reopen the 
negotiations wuh the Slioshone and Arapahoe Indians tor the surrender or 
certain portions of their reservation in the State of Wyomins;. and with the 
M lat Head and Confederate tribes of Indians in the State of Montana 86 000 
or so much thereof as may be nece.ssary, to be immediately available.' ' ' 
Subsequently was added the phrase to which the Senator from 
Connecticut refers. 

Mr. PLATT. Mr. President, it is not important to what duty 
such a commission is to be assigned; but before this conference 
report shall be adopted, as I suppose it will be, I want to say 
that I am utterly opposed to all provisions such as have been 
creeping into legislation of late, that where a commission is ap- 
pointed only two members of it shall belong to any one political 
party. I do not care to what party the members of this com- 
mission belong. 

I would just as soon there should be five Democrats as five 
Republicans, if anybody wants the matter of politics to be con- 
sidered. I think that such provisions are not only foolish but 
vicious, and I regret that, coming in the way of a conference re- 
port, the question is presented in a shape that I can not make an 
objectionand take the sense of the Senate upon the question 
whether it is to be a practice which ought longer to be perpetu- 
ated in legislation. 

I am in a measure coerced to support this provision because I 
donotwant to defeat the conference report on the Indian appro- 
priation bill. I do not think we have any right to limit the 
President or any other appointing power by saying that he shall 
appoint persons of a certain political character, and there is no 
occasion for doing it. We might trust that matter entirely to 
the appointing power. I do not suppose that the persons com- 
posing this commission will be appointed because they are Dem- 
ocrats or Republicans, or Alliance men, or Prohibitionists: and 
I think that Congress ought to stop this sort of legislation. 

Mr. GEORGE. Mr. President. I was on the floor and surren- 
dered if t3 the Senator from Massachusetts for the purpose of 
making his conference report, not for the purpose of debate. 

Mr. CULLOM. I hope the Senator from Mississippi will al- 
low the report to be voted on. 
Mr. GEORGE. I claim that I am entitled to the floor. 
Mr. DAWES. I have not provoked any debate; but I want to 
avail myself of the opportunity to express my surprise at the re- 
marks of the Senator from Connecticut. 

The PRESIDING OFFICER (Mr. Berry in the chair). Does 
the Senator from Mississippi insist on his right to the floor^ 
Mr. GEORGE. I yield for a moment. 

Mr. DAWES. I am utterly astonished that the Senator from 
Connecticut fails to recognize the drift of administrative policy 
on all hands in this c juntry ; that he does not look forward to the 
spe.'dy arrival of the time when this Government is to be ad- 
mit istered in all its branches withoutregard to political parties- 
and he will allow mo to express surprise at the quarter from 
which that expression comes. 

Mr. President, it may not come in my lifetime, but I look for- 
ward, m the progress which is being made in that direction to 
the tims when we shall cease to talk of parties in the adminis- 
tration of this Government; when we shall be without any such 
distinction as that; and that the rivalry will be solelv which 
shall be the most patriotic. We have made great advances in 
that direction. We constituted the Interstate Commerce Com- 
mission upon that ground without any protest on the part of the 
Senator from Connecticut. We constituted the Civil Service 
Commission, itself the great generative power of reform, upon 
that very principle. When the Senator had the opportunity 
upon another proposition in this very bill to offer an amendment 
I regret exceedingly that he did not avail himself of the oppor- 



tunity at that time, but waited until the time when he could not 
ofler It to make the remarks he did. 

The Senator of course will take kindly these remarks, but I 
regret that a Senator of so much promise in the future, so able, 
and so willing, and so earnest to share in the great proo-ress of 
reform in this country, should have objected to so small a pro- 
vision as this. '■ 

Mr PLATT I simply want to say that the remarks of the 
Senator from Massachusetts have convinced mo that ho is the 
«ra)i;-co«rier in proclaiming the coming of the political millen- 
nium. "^ 

The PRESIDING OFFICER. The question is on the adoption 
of the report of the conference committee. 

The report was concurred in. 

Mr. DAWES. I submit the following statement to accom- 
pany the report; 

Indian appropriation bill, 1803. 
Amount as passed the House tj 407 .wn 1. 

Increase made by the Senate --.'-I-."."-'".'."."ir"".".'Iirr IreTreisI 

Amount as passed the Senate 8 309 441 68 



Amount as agreed to in conference 7, U27, S37. 84 

Changes of amounts in conference: 

„ , . REDUCTION. 

Salaries of Indian agents 

Salary of superintendent of Indian schools 

Sioux of different tribes 

Payment to Crow Creek Indians... 

Chippewasof Lake Superior. 

Moqui Indians 

Surveys of Chippewa Indian Reservation In Minnesota 

Expenses of commission to negotiate with Turtle Mountain 

Band of Chippew.as 

Support of day and industrial sc\ioolH\V/.\V/".'.'".'.'.'.'.'.'.'.'.'.'. 



()00. 00 

.^00. 00 

100, («». 00 

187, o:)9. 00 

•..■00. 00 

4,000,00 

25, 000. 00 

•i, 500. 00 

m, 000. 00 



Total reduction . 



369, 839, 00 



39,675.10 



30, 000. 00 
IS, 560. 00 



INCREASE. 

Payment to Delaware Indians, restoring House provision 
Upper and middle bands of Spokane Indians, restoring House 

provision ® 

Cherokee training school, Nortli"carofiiia"mrr"""II."i;;;"""' 

Total increase 88,235.16 

Net reduction in conference.. oor cm oi 

Amoimt of bill asagreed to -."-".".'.'.'.".".'.'.'.".'.".■.■.".".".■'.'I.".".".'."."." 7,927,837:84 

ARMY APPKOPRIATION BILL. 

The PRESIDING OFFICER. The Senator from Mississippi 
[Mr. George] is entitled to the floor on the agricultural appro- 
priation bill. 

Mr. STEWART. Will the Senator give way until I submit a 
conference report on the army appropriation bill? 

Mr. GEORGE. Very well. 

Jlr. STEWART submitted the following report: 
The committee of conference on the disagi-eeing votes of the two Houses 
on the amendments of the Senate to the bill iH. R. 6933) "making appropria- 
tions for the support of the Army for the fiscal year ending Jun? 30 1893 and 
tor other piu-poses,' having met, after full and tree couference have agi-eed 
to recommend and do recommend to their respective Houses as follows- 



That the Senate recede from its amendments numbered Ss', 29, 30, 31, 33, 

3,110. 01. 

That the House recede from its disagreement to the amendments of the 

Pn^ilfi," v?'''^';'"^?' *' \' "' '■' **■ »• l"' "• 13. 14, 15, 17, 18, 19, 24, 26, 27/36, 38, 39 
40, 41, 43, 43, and 44, and agi-ee to the same. . . , , , , ou, oo, o.,, 

That the House recede from its disagi-eement to the amendments of the 
Senate niimbered 1 and 2, and agree to the same with an amendment as fol- 
°mS' . .'?"','>°"'^ "'*' amendment proviso: and the Senate agree to the same 

1 hat the House recede from its disagreement to the amendment of the 
Senate numbered 12, and agi-ee to the same with an amendment as follows - 
?rn^S''', 'H""'' »l^e word "Provided," in line 1, page 6 of the bill, the following:' 

Ihat the number of paymasters' clerks shall be reduced one tor every nav- 
niaster reduced under the operations of this act: Provided further:" and the 
Senate agree to the same. 

That the House recedefromitsdisagreement to the amendment of the Sen- 
.ate nurabei-ed lb, and agree to the same with an amendment as follows- 
btrikp out from said amendment the words "with troops or otherwise-" 
and the Senate agree to the same. uiucivyioe, 

That the Hous-e rececle from its disagi-eement to the amendment of the Sen- 
ate numbered 20, and agree to the same irith an amendment as follows - 
Insert after the word " indebtedness, " in line 2 of said amendment, the words 
"to the United States:- and the Senate agree to the same 

That the House recede from Its disagreement to the amendment of the Sen- 
ate numbered 21, and agree to the same with an amendment as follows- 
Strike out the matter inserted by said amendment and insert in lieu thereof 
the following: " exchanges, but this proviso shall not be construed to pro- 
hibit the use by post exchanges of public buildings or public transportation 
when m the opmion of the Quartermaster-General not required for other 
purpo.ses; ' and the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the Sen- 
ate numbered 23, and agree to the same with an amendment as follows- 
In lieu of the sum proposed insert "}2,700,00U; -' and the Senate agree to the 

That the House recede from its disagi-eement to the amendment of the 
Senate numbered 2d, and agree to the same with an amendment as follows- 
In lieu of the sum proposed insert "JI, 300.000;" and the Senate agi-ee to the 

That the House recede from its disagreement of the amendment of the 
senate numbered 3-3, and agree to the s.ame ivlth an amendment as follows- 
In heu of the sum proposed insert "$130,000;" ;ind the Senate .agree to the 

That the House recede from its disagrecmejit to the amendment of the 
Senate numbered 34, and agree to the same with an amendment as follows: 



55G2 



CONGRESSIONAL RECORD— SENATE. 



June 28, 



Insert before the ivord "musket" the word "improvea-," and the Senate 

*^'li-It'tllc'li'oi™e' recede from its disagreement to the amendment ot the 
Benito numbered 35, and agree to the same with an amendment as follows: 
Strike out iu line 18, page 19 of the bill, the words "fom- hundred thousand 
dollirs-" and insert after the word •< armories," iu line 11, same page, the 
words' '■ four himdred thousand dollars;" and the Senate agree to the same. 
Ou amendmeut numbered 3S the committee of conference have been un- 
able to agree, but has agreed upon all the other Items considered by the con- 
fereuce committee. ^^^^ ^^ STEWART, 

W. B. ALLISON, 

J. C. S. BLACKBUKN, 

Managers on thcjiart of the Senate. 
JOS. H. OUTHWAITE, 
JNO. L. MITCHELL, 
C. E. BELKNAP, 

Managers on Vie part of the House. 

Mr. STEWART. The amendment that was not agreed upon 
by the conferees was to strike out the following proviso, on 
page IS: 

Provided further. That no money herein appropriated shall be used mpay- 
meutot the transportation of troops and supplies ot the Army over any of 
the nonbonded lines owned, controlled, or operated by the Union Pacific 
Hallway Company, iiicludiug the lines of the Oregon Short Line and Utah 
Northern Railway Company, or by the Soitthern Pacific Company over Hues 
embraced in its Pacific system. 

I ask that the conference report be adopted, and I shall then 
move that the Senate still further insist ujion its amendment 
disagreed to by the House of Representatives. 

The PRESIDING OFFICER. The question is on concurring 
in the conference report. 

The re]5ort was concurred iu. 

Mr. STEWART. I move that the Senate insist on its amend- 
ment disagreed toby the House of Representatives and ask for a 
further conference thereon. 

The motion was agreed to. 

By unanimous consent, the Presiding OfScer was authorized to 
appoint the conferees cni the part of the Senate, and Mr. Stew- 
art, Mr. Allison, and Mr. Blackburn were appointed. 

Mr. STEWART. I ask leave to have printed the following 
statement of the bill: 

Army appropriations, 1S03. 

Amount of House bill.-.. ?2-l, 226, 899. 83 

Increase made by Senate 384,000.00 

Amount as passed Senate 24,511,499.82 

Amotmt as agreed to in conference 24,308,499.82 

Changes in conference in amotmts, namely; 

REDUCTION. 

Army transportation... 150,000.00 

Library of Surgeon-General's Office 3,000.00 

Repairing ordnance andordnancestoresinhandsof troops, etc. 5,000.00 
Purchase and manufactiu'e of ordnance stores to fill requisi- 
tions of troops.... 20,000.00 

Infantry, cavalry, and artillery equipments 20,000.00 

Firing morning and evening gim 5,000.00 

Total reduction in conference 203.000.00 

Amount as agreed to 24,308,499.83 

^6itta»» .^ DISTRICT SUBURBAN RAILROAD. 

Mr. McMillan submitted the following report: 

The committee of conference on the disagreeing votes of the two Houses 
on the amendments of the Senate to the bill (H. R. 429) to Incorporate the 
District of Columbia Suburban Railroad Company, having met, after full 
and free conference have agreed to recommend and do recommend to their 
respective Houses as follows: 

That the House recede from its disagreement to the first amendment of 
the Senate, and agree to the same. 

That the House recede from its disagreement to the second, third, fourth, 
fifth, and sixth amendments ot the Senate, and agree to the same amended 
as follows : 

In line 15, on page I, after the word "routes," strike out all that follows 
to the word "provided," inline 15, page 2, and insert the following: 

"Beginning at the dividing line between the District of Columbia and the 
.State of Maryland, on the Bladensburg road, and rni'ming thence along the 
said road so that the outer rail of said railway shall not be more than 5 
feet from the eastern boimdary of said BladensbtU'g road, to H street east; 
thence west ou H street east to Seventh street east over the tracks of the 
Columbia Railroad. 

"Also, begiunlug at the junction of Philadelphia and Twelfth streets, Iu 
Brookland, and running south along Twelfth street; thence by such line as 
may be authorized by the Commissioners of the District ot Coltmibia to the 
Intersection of Patterson avenue with the Fairview road; thence along the 
Fairview, Corcor.an, and Motmt Olivet roads to Twelfth street extended; 
thence along Twelfth street extended to the junction ot Twelfth street east 
and Florida avenue. 

"Also, beginning at the junction of Fr.ankfort and Twenty-fom-th streets, 
in Langdon; thence along Twenty-fom'th street to Cincinnati street; thence 
along Cincinnati street to and across Chapel road to Lafayette avenue; 
thence along Lafayette avenue and in line to Capitol street, lA-y^City; thence 
along Capitol street to Mount Olivet road; thence along Mount Olivet ro.ad 
to Twelfth street extended. 

"Also from the intersection of Florida avenue with Twelfth street north- 
east to H street northeaston Twelfth street; thence west ou H street over 
the tracks of the Coltimbia road to Seventh street east; thence south on 
Seventh street by single track to G street east; thence west on G street by 
single track to First street west; thence by a route to be laid down by the 
Commissioners of the District of Columbia across New Jersey avenue to the 
tracks of the Capitol, North O and Sotith Washington Railroad; thence on 
the tracks of the last-named road on G street to Fourth street, contintiinsr 
west onG street west to Fifth street; thence .south on Fifth street west, iii 
part over the tracks of the Metropolitan Railroad to Louisiana avenue; 



theuce southwesterly by double track on Louisiana avenue to a point to be 
located by the Commissioners of the District of Columbia east of Seventh 
street west. Returning northeasterly on Lotilsiana aventie to Fifth street 
west; thence over the tracks of the Metropolitan Railroad along Judiciary 
Square to Fom-th street west; theuce north on Fourth street west by single 
track to E street west; thence east on E street by sint'le track to Eighth 
street east; thence north by single track on Eighth street to H street; thenco 
east over the tracks of the Coltimbia Railroad to Twelfth street: thence 
north on Twelfth street to Florida avenue;" and that the Senate agree to 
the same. 

That the House recede from its disagreement to the seventh and eighth 
amendments of the Senate and agree to the same, amended as follows: 

"On page 2, line 17, after the words ' District of Columbia,' strike out to 
the word ' whenever ' in line 21 , and insert ' and those portions of said road 
between the District line and Florida avenue shall be fully constructed be- 
fore the cars of the said District ot Columbia Suburban Railroad shall be 
rtm over any part of the said route within the limits ot the city ot Washing- 
ton;" and that the .Senate agree to the same. 

That the House recede from Its disagreement to the ninth and tenth amend- 
ments ot the Senate and agree to the same. 
That the Senate recede from its eleventh amendment. 
That the Hous'e recede from Its disagreement to the twelfth, thirteenth, 
fourteenth, fifteenth and sixteenth amendments of the Senate and agree to 
the same. 

That the House recede from its disagreement to the seventeenth amend- 
ment ot the Senate and agree to the same amended as follows: On page 8, 
line 3, strike out the words " four htuidred " and insert the words " two hun- 
dred and fifty; " and that the Senate agree to the same. 

JAMES MCMILLAN, 
B. W. PERKINS, 
ISHAM G. HARRIS, 
Conferees on the jiart of the Senate. 
JON. T. HEARD, 
JAMES D. RICHARDSON, 
P. S. POST, 
Conferees on the part of the House. 
The report was concurred in. 

PUYALLUP INDIAN RESERVATION LANDS. 

The PRESIDING OFFICER. The Senator from Mississippi 
[Mr. George] is entitled to the floor on the agricultural appro- 
priation bill. 

Mr. ALLEN. Will the Senator from Mississippi yield to me 
to make a request? 

Mr. GEORGE. Of course. I want Senators to make all the 
reports they wish to make right now. 

Mr. ALLEN. I beg the pardon of the Senator for making 
this request, but I wish to do so while the chairman of the Com- 
mittee on Indian Affairs is in the Chamber. Senate bill 3056, 
Order of Business 666, was passed over some time since without 
prejudice at the request of the chairman of the committee on 
account of his ill health. 

^Ir. GEORGE. I thought the Senator wanted to make a re- 
port. 

Mr. ALLEN. It is Just a request. 

Mr. GEORGE. Does the Senator desire to have a bill consid- 
ered? 

Mr. ALLEN. No, sir; I wish simjjly to makearequest. The 
bill M'as passed over. On account of his ill health the chairman 
of the Committee on Indian Affairs was unable to take the bill 
up at a specific time to be considered. I should like very much 
to-morrow, at the close of the routine business, to have the bill 
considered by the Senate. I make this request now that unani- 
mous consent may bo given while the chairman of the commit- 
tee is in the Chamber. I do so for the reason that the bill very 
vitally affects the State of Washington. 

The consideration of the bill by virtue of the appointment of 
a commission and other causes has been delayed for more than a 
year. I have been receiving letters and telegrams reqtiesting 
its cai-ly consideration, and I appeal to the chairman of the com- 
mittee that he will consent that at the close of the routine business 
unanimous consent bo given that the bill may ba considered to- 
morrow. The important and rapidly growing city of Tacoma 
is being hampered and greatly embarrassed and hindered by the 
failure of relief sought in this measure. 

The PRESIDING OFFICER. Will the Senator pleass desig- 
nate what bill it is? 

Mr. ALLEN. It is the bill (S. 3056) giving consent of Con- 
gress to the removal by the Legislature of the State of Wash- 
ington of the restrictions upon the power of alienation of a por- 
tion of the lands in the Puyallup Indian Reservation upon cer- 
tain conditions therein contained. 

Mr. ALLISON. I am constrained to object to the request 
made by the Senator from Washington. Next Thursday is the 
last tlay of this fiscal year, when every department of the Gov- 
ernment mtist cease unless the appropriation bills are disposed 
of. I can conceive of no business in this Chamber that is possi- 
bly of so mtich importance as the passage of the appropriation 
bills. Therefore immediately after the morning business to- 
morrow I shall insist that the appropriation bills which are 
ready for consideration may be considered. 

I will say to the Senator from Washington that there will ))a 
ample time to consider the bill he indicates within a week or two, 
and intervals of time when conferences are engaged upon the 
appropriation bills when the bill can be considered. I trust he 



1892. 



CONGEESSIONAL RECOED— SENATE. 






ment to the way in which this is done. In commenting on the 
indications and estimates on page 71, Mr. Dodge says: 

Theen'orof interpretiTsof condition averages last year was this: Assum- 
ing a fixed value in bushels of certain Ilgures^of average condition In July, 
wlien the winter wheat average was 96.- aud that of spring wheat 0-1.1. the 
outside or unofllcial interpretation was MO, 000,000 btishels, or about 13.5 
bushels per acre. 

Giving great importance to the fact that the " oflioial " inter- 
pretation is one way, and the interjiretation given by the great 
herd of "outside" people who arc not "official" is the other way. 
This was erroneously declared to bo an official estimate. 

I agree with the Senator from Missouri that no Government 
officer ought to be allowed to parade liis opinions in official re- 
ports as to what the crop may be. It is a thing tliat is outra- 
geous and should not be tolerated. But in this same paragraph 
from which I have just read this gentleman goes on to comment 
on the amount of the crop, and says: 

Ordinarily this small variation, with the figures above stated, would range 
between 13 and 14 bushels; but last year, one of unprecedented crop ^'itality, 
the record was advanced to 15.3 bushels. 

Then he follows with this remarkable language, after calling 
that a '■ record," not an "official statement: " 

It is not necessary to prove that this is an overestimate. The grain ex- 
ists, is handled, exported, consumed, and the fact Is conclusively showni that 
the estimate is conservative as usual, less rather than more than the actual 
crops. 

Yet it was upon this confessed estimate that he at that time 
gave out a statement to the world that there was 171,000,000 
bushels of wheat in the hands of the farmer.s in addition to the 
41,000,000 bushels in sight, and stated that it was the largest 
quantity ever held by the farmers before. As a result of that 
the wheat market broke and the price weiitdownat the expense 
of the farmers of the United States. 

The criticism which he indulged in, in this paper from which 
I have read, that farmers were likely to underestimate what 
they had on hand, as he did in the Kentucky tobacco ca^e, is not 
borne out by the facts. There is not a maii on the lloor of this 
Senate who does not know that the farmers are disposed to over- 
estimate their crops. 

I do not care whether the farmer grows corn, wheat, tobacco, 
sugar, or cotton, he is likely to believe that he is going to have 
more of the product than he will have; he is more likely to over- 
estimate than to underestimate. 

But when it comes to an officer of the Government undertak- 
ing to say that the farmers have been underestimating their 
crops, and doing it for an improper purpose, those reflections 
that have been indulged in, I believe, ought not to be embcdied 
in an official document. He says, on page 75 of this report, in 
commenting on overproduction of cotton: 

What is th? reme.iy ? It is quite as easily indicated, as the diagnosis of the 
disease is accurate. Reduce the area in cultivation. This is easily said, but 
it can only bo done with diltlculty. It has often been said before, arid planters 
have advised their neighbors to redtice, while they quietly proceed to in- 
crease to get the beueflt of the expected rise. 

Mr. GEORGE. Is not that so? 

Mr. JONES of Arkansas. I do not believe it, and I think it is 
a gratuitous insult to the farmers of the United States to have 
this Statistician charge that they have been deliberately lying 
to their neighbors for the purpo.se of getting the benefit of a re- 
duction of the cotton crop. 

Mr. GEORGE. It is not lying. 

Mr. JONES of Arkansas. It is; it means nothing else. 

My own opinion, Mr. President, is that the best interests of 
the country demand that this whole business be stopped: that 
until these estimates are more accurate and more reliable, until 
they state more of facts and less of guesses, they ought not to be 
published. 

My intention was to conclude what I had to say by a motion 
to strike out this whole paragraph providing for the i)ublicatiou 
of this monthly statement, but I presume it would be voted down. 
I will content myself by giving notice that I will hereafter, as 
long as I shall be a member of this body, move to strike out every 
appropriation made for this monthly crop report, if the evils 
which we have been commenting upon, and if the course that 
we have been criticising here, shall not be changed by a change 
in the bill which comes to us from the other House. 

With the modification of this amendment made bv the Senator 
from Mississippi [Mr. George] at the suggestion of the Senator 
from Missouri [Mr. Vest], it seems to me that this evil ought to 
b3 corrected, and I believe the Secretary of Agriculture will un- 
dertake to have these evils remedied, and so I will not now move 
to strike out the whole of the appropriation. But if there is a 
repetition of these evils in the future I will hereafter move to 
strike it all out, and will vote for that motion persistently session 
after session until Congress stops this inquity and outrage. 

The PRESIDING OFFICER. The question is upon the amend- 
ment proposed by the Senator from loua [Mr. Allison]. 

The amendment was agreed to. 



The amendments were ordered to be engrossed, and the bill 
to be read a third time. 
The bill wus read the third time, and passed. 

LEGISLATI\T3, ETC., .APPROPRIATION BILL. 

Mr. ALLISON. The regular order is tlie legislative, cxecu- 
tive.andjudicialappropriafionbill. When the Senate adjourned 
yesterday the provision in reference to United States mavshals 
for circuit courts of appeals was under consideration. I ask that 
a vote be iiow taken. 

The PRESIDING OFFICER. The question is on the amend- 
ment of the Senator from Connecticut [Mr. Platt], which will 
be reported. 

The Chief Clerk. It is proposed to strike out lines I to 10, 
inclusive, on page Hr>, as follows: 

That so much of section ;; of the act approveil M.irch X 1891. to esiabllsh 
circuit courts of appeals, as authori/.-is theappolntnient of amarshiil to each 
of said courts at a salary of »-i.f<m be. and iho .same is hereby, repc.ile.l, and 
the duties and powers imposed upon said marshals under the said act shall 
be performed by the United Stat.-s marshals in and for the districts where 
terms of said couns may be hold, and to this eud said marshals shall be the 
marshals of said circuit conrisof app>al. 

The PRESIDING OFFICER. The yeas and nays having been 
ordered upon the adoption of this amendment, the Secretary 
will call the roll. 

The Secretary proceeded to call the roll. 

Mr. HARRIS (when liis name was called). I am paired with 
the Senator from Vermont |.Mr. .Morrill]. 

Mr. McMillan (when his name was called). I am paired 
with the Senator from North Carolina [.Mr. Vance], but I will 
transfer that pair to the Senator from Rhode Island [Mr. Al- 
drich). and vote "yea." 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. C.\sky]. In his absence 
I withhold my vote. 

Mr. WALTHALL (when his name was called). I am paired 
with the Senator from Rhode Island [Mr. DixONj. 

The roll call was conclude;!. 

I^Ir. WOLCOTT. I ampaired generally with the Senator from 
West Virginia [Mr. Kenna], but I transfer that pair to the 
Senator from California [Mr. Stanford], and vote "yea." 

Mr. MANDERSON. I desire to ask whether the Senator 
from Kentucky [Mr. Blackburn] has voted. 

The PRESIDING OFFICER. He has not. 

.Mr. MANDERSON. I am paired with that Senator, and with- 
hold my vote. 

Mr. CULLOM. Yesterday I took the liberty of transferring 
my pair with the Senator from Delaware [Mr. Gr.ay] to the Sen- 
ator from Colorado [Mr. Teller]. If nobo;ly has announced a 
Ijair with him, I will do so now, and vote "nay." 

Mr. JONES of Arkansas. Is the Senator from New Yo:-k 
[Mr. Hiscock] recorded as having votodV 

The PRESIDING OFFICER. He ha^ not voted. 

Mr. JONES of Arkansa-;. Then I withdraw my vote, as I am 
j: aired with that Senator. 

Mr. WOLCOTT. I understand that my colleague [Mr. Ti;ll:.:r] 
would vote " vea"if he were present under this transfer of i)aiis. 

The PRESIDING OFFICER (Mr. Berry). Then I withdraw 
my vote. 

Mr. CULLOM. I desire to know if my vote is counted, or 
whether I shall withdraw it'? 

The PRESIDING OFFICER. The Senator from Illinois is 
at liberty to vote. 

I\Ir. CULLOM. I think I am not entitled to vote because I 
am paired with the Senator from Delaware [Mr. GRAY]. Unless 
I can transfer that pair to some other Senator I will withdraw 
my vote. 

Mr. WHITE. I voted through inadvertence. I have a g'eneral 
pair with the Senator from ^Montana [Mr. Power], but trans- 
ferred that pair to the Senator from Wisconsin [Mr. Vilas] so 
as to enable that Senator and myself to vote. 

Mr. HARRIS. I suggest to' the Senator from Illinois [:\Ir. 
Cullom], who, I believe, is paired with the Senator from Dela- 
ware [Mr. Gray], that he and I transfer our pairs. I am paired 
with the Senator from Vermont [Mr. Morrill]. 

Mr. CULLOM. I am at liberty to vote to make a quorum, if 
necessary. 

Mr. HARRIS. I do not know that I am permitted to vote 
to make a quorum, but I am willing to transfer my pair. 

Mr. CULLOM. I agree to that. 

Mr. HARRIS. Then I vote "yea." 

Mr. CULLOM. I vote " nay." 

The result was announced — yeas .3-1, nays 12, as follows: 

Y'EAS— J4. 
Allen, Cameron. 

Bate, Carey, 

Blodgett, Dixon, 

Butler, Dolph, 



Dubois, 


Hawley, 


Frye. 


Higgins, 


Gal linger. 


Hunton. 


Harris, 


Jones, Nev., 



5566 



OONGEESSIONAL EECOED— SENATE. 



June 28, 



McMiUau, 
McPUerson, 
IVCtcliell, - 
Patlilock. X 
Pcffor. ^ 

£= 
Allison, ^— 
Cockrell, (j3 
Coke. 03 

to 



Peril ins, 

Piatt, 

Piigh, 

Quay, 

Sawyer, 

CuUom, 

FauUraer, 

Felton. 



Sherman, 

Shoup. 

Stewart. 

Stockbrldge, 

Warreu. 



NAYS— 12. 
George, 
Kyle, 
Mills. 

NOT VOTINC;— W. 
Irljy, 



Washliuru, 

Wliite, 

Wolcott. 



Proctor, 

Vest, 

Walthall. 



Alclricli. •*-> Dawes, Irby. Sanders, 

Berry, ^ Gibson, La., .Tones, Arlc., Squire, 

Blackburn. ^ Gibson, Md., Kenua, .Stanford, 

Brice, lo^ Gordon, Mandersou, Teller, 

Call, 3 Gorman, Morgan, Turpie, 

Carlisle, </j Gr.ay, Morrill, Vance, 

Casey, Hale, Palmer, Vilas, 

Chaiiaier, ~ Hansbrougb. Pasco. Voorhees, 

Colquitt, , '^ Hill, Pettigrew, Wilson. 

Daniel, **• Hiscock, Power, 

Davis, Hoar, Ransom. 

So the amendment was agreed to. 

Mr. PLATT. I now move to amend on line 24, page 114, by 
adding after tlie semicolon, at the end of the line, these words: 

For nine marsbals at $3,500 each. 

The PRESIDENT jjj-0 tempore. The amendment will be re- 
ported. 

The CiiiEP Clerk. After the word " each," in lino 24, page 
114, it is proposed to insert the words: 

For nine m.arslials at .SS.SOO each. 

The PRESIDENT pro tempore. The question is on agreeing 
to the amendment. 

The amendment was agreed to. 

Mr. PLATT. I now move to change the total from $81,000 to 
$103,-500. 

The amendment was agreed to. 

The PRESIDENT pro tempore. The next amendment of the 
committee, on page 06, that was reserved, will be reported. 

The Chief Clerk. In line 13, page 66, it is proposed to strike 
out the following words: 

That so mtich of section Oof the act entitled "An act to amend section 5352 
of the Revised Statutes of the United .State.s, in reference to bigamy, and for 
other piu'poses," approved March 38, 1882, as atitliorizes the President to ap- 
point a board of five persons to exercise certain powers and duties prescribed 
in said section, be, and the same is hereby, repealed: and the said board is 
hereby abolished, and all powers and duties conferred upon said board are 
hereby imposed tipon and shall be discharged, ^\^thout additional compensa- 
tion, by a board hereby created, to be constituted of the governor, chief jus- 
tice, and secretary of the Territory of Utah. 

For the fallowing expenses of the foregoing board, namely: For printing, 
stationery, clerk hire, and office rent, $3,000: Provided, That otit ol this sum 
the said board is hereby atithorized to i^ay to the secretary o£ the Territory, 
who, in addition to being a member of the board, shall be its secretary and 
disbursing agent, a reasonable sum for such service, not exceeding $300 for 
the fiscal ye.ar 1893. 

The PRESIDING OFFICER. The question is on striking out 
the words just reported. 

Mr. FAULKNER. Mr. President, yesterdajr I asked the chair- 
man of the Committee on Appropriations to give the reasons to 
the Senate for modifying or changing the provision of the bill 
or the law as it formerly existed in reference to the Utah Com- 
mission. As far as I have been able to understand the object 
and scope and purpose of the orighial creation of the Commission 
I could see no benefit that could result either to the country or 
to the Territory of Utah in preserving and continuing the com- 
mission in oflHce any longer. It certainly was not the purpose 
and intention of Congress when in 1,SS2 it passed the law that ten 
years after its passage the Utah Commission should still be in 
existence. 

At the time when that measure was before Congress the Ter- 
ritory was in the hands of polygamists absolutely and entirely, 
and Congress determined to adopt after that period very strin- 
gent laws in reference to that offense. In order to carry oi'it those 
laws all the- Territorial officers of every description were abol- 
ished and an agreement was entered into at that time for the 
purpose of supplying the vacancies in the inferior Territorial 
offices which were abolished by that law by creating a commis- 
sion of five gentlemen from other States or Territories than the 
Territory of Utah, to be appointed by the President. 

But that law further went on and contemplated that the suc- 
ceeding Legislature should be elected under an entirely new 
election law, at which election every man who exercised the 
right of the elective franchise was to take an oath that he was 
not a ]]oIygamist,and any man who was running for an office was 
com])eUed to take thosame oath if elected. After having filled 
these offices with men who were not engaged in these practices, 
at the succeeding Legislature, which would occur in 1884, then 
that Legislature was to pass .svicha law as every other Territorial 
Legislature had the right to pass in order to fill all the offices 
made vacant by the Edmimds law, and which were subsequently 
filled by appointment under the Commission provided for by tha't 
law. 



After all that had been carried out in accordance with the 
views of Congress, we find that when the Legislature met under 
these circumstances in 1884 they passed a law anticipated bj' 
Congress to carry out the provisions of the lattei? clause of the 
ninth section of the Edmunds law. 

The governor of Utah (which is not the case in any other Ter- 
ritory under the Government of the United States) has the ab- 
solute veto power. He has not only the absolute veto power but 
he may by simply pocketing a Ijill absolutely deprive the legis- 
lative body of that Territory from the exijression of any opinion 
on a legislative matter. The organic act of Utah requires the 
signature of the governor in order to give vitality to any act of 
the Legislature — something that is unheard of in the Govern- 
ment of this country or in any other Territory under the Gov- 
ernment of the United States. 

Without reason, without explanation, as I am informed, the 
governor simply vetoed that bill in 1884. The Legislature, in 
trying to carry out the provisions of the act of Congress, again 
in 188G passed a law, and again in 1890 they passed a law to carry 
out the provisions of the act and provide for the election of ofli- 
cers in that Territory as anticipated by the Edmunds law, and 
again in 1892 the Legislatui'c have done the same thing. At the 
present session of the Legislature that bill was passed, and tho 
governor has simply put it in his pocket. What object and pur- 
pose lie had in preservihg the Territorial Commission created in 
1882 I am at a loss to know. He is not a member of it or in any 
way affected by the pro^dsions of the bill of the Legislature 
passed in pursuance of the Edmunds law. 

Mr. President, I am opposed to any kind of commission sent 
from the States to govern a Territory. If I had been in the Sen- 
ate when this commission was created under the act of 1882 I 
should have opposed it. There is now, so far as I know, no ex- 
cuse for it. The last Territorial Legislature of Utah passed as 
stringent a law against polygamy as the Edmunds law itself; its 
penalties are as severe. That was passed by the Territorial 
Legislature. I suppose it will not be questioned here that polyg- 
amy as an institution in Utah is dead. 

I do not know any gentleman who could question it, because 
if he would go to the records of the Attornfy-tJeneral's Office 
here in the city of Washington he would find an application for 
the amnesty of all those who were convicted under judges ap- 
pointed during the Cleveland Administration, in which the au- 
thorities of the church announce the fact of the abolition of po- 
lygamy in the Territory of Utah, its absolute abandonment, and 
appeal to the President, by reason of a clause in the Edmunds 
law itself, to exercise that clemency which the law anticipated 
the Executive of this nation would do whenever he was satisfied 
of that fact. 

If it were simply the church authorities that made that state-, 
ment there might be some question in this body, but that state- 
ment is indorsed by the governor of the Territory, by the sec- 
retary of the Territory, by the Utah Commission, and it is in- 
dorsed also by all four of the judges of the superior court of 
Utah. The President, for the reason stated in that petition, is 
urged to grant the clemency asked for by tho people of Utah. 

Those who perhaps have not thought about this question 
should remember that the Commission has but one solitary func- 
tion to perform in the Territory of Utah. It simply has to gov- 
ern the elections of the ])eople of Utah. It is sent there for that 
purpose annually when they have their elections. I refer to the 
general elections, because the Supreme Court of the United 
States has held, reversing the superior court of Utah, that the 
law does not apply to municipal elections. They appoint the 
registrars, they appoint the commissioners and suijervisors of 
elections. 

The returns of elections are made to this Board of Commis- 
sioners and they certify the result. That is the sole function 
and power that has ever been conferred upon them, except under 
the act of 1891, when they were given the authority to apportion 
the Territory into legislative districts, which they have com- 
plied with. The last Legislature was elected under the appor- 
tionment made by that Commission under the act of 1891. 

Now, sir, I think the time has come to dispense with the Utah 
Commission, ten years after the creation of the Commission, when 
by the very terms of the law it was to have expired in 1884, at 
the meeting of the next Legislature, by the passage of a proper 
law by the legislative body under the reform in the elections 
provided for in the Edmunds law. 

When the question of polygamy as aquestionof offense against 
the laws of the Territory and against the laws of tho United 
States, is virtually admitted to have teen abandoned, when they 
have no other functions in the world except to control the elec- 
tions of the people of Utah, I think the time has come when the 
people of Utah should have the right and privilege of selecting 
their own registrars and all the men who are to sit behind the 
ballot box and to jiass upon the qualifications and competency of 



1892. 



CONGRESSIONAL RECORD— SENATE. 



5567 



the voter asking to deposit his ballot, especially when no man 
can be registrai- or vote in that Territory who does not take the 
oath i)rescribed by the law of the Congress of the United States, 
known as the Edmunds law. 

There is another view I want to take of this matter. What 
justification can the Appropriations Committee make in revers- 
ing- the action of the House of Representatives and increasing, 
as they admit in their report to the Senate it does increase, the 
amount of the approprialJions of the bill, [so far as the Utah Com- 
mission is concerned, $o0,500 in order to give five gentlemen 
$5,000 a year to go to Utah once a year or once in two years to 
appoint commissioners of election and receive the returns from 
the poUsandcsrtifj' them at a general election. That is all they 
have to do. That embraces all their functions, and yet for that 
this bill is to be increased in the appropriations made, with the 
present condition of the Treasury, to the amoimt of $30,500 as 
announced to us by the Committee on Appropriations. 

That is rather expensive to this Government in order to fur- 
nish salaries for five gentlemen to pei'form duties thjft every other 
civilized community where the right of the elective franchise is 
appreciated is allowed to perform for itself, and not to be re- 
quired to send off two or three thousand miles in order to bring 
there a man to designate who shall be the person to pass upon 
the qualifications of the electors of that section of our country. 

I desire to read from a report made in the House of Repre- 
sentatives by Mr. WASHINGTON, from the Committee on Terri- 
tories, in reference to the expense of this commission. He says: 

Since the appointment of this board, to March 1, 1892, the Government has 
paid In salaries to Its members $241,083.91, and for contingent expenses ot 
the board S105,1S4.82, and lor compensation and expenses ot officers ol elec- 
tion J193, 422.14, a total ol $539,ar0,86. 

That, sir, has been the expenditure under this Commission in 
the ten years of its existence. I am satisfied that there can not 
be given a reasonable appeal to the fairness or judgment of a sin- 
gle Senator why the Commission should be continued under the 
condition of affairs as it exists there to-day, and with the facts 
staring us in the face that since 1888 there has never been au in- 
dictment for a polygamous offense in the courts of Utah that oc- 
cured subsequent, I will say, to 1887. 

These reasons seem to justify me in my opposition to the views 
of the Committee on Appropriations. I will say frankly to the 
Senate that I do not exactly like the provision of the other 
House . IdonotliketheCommissionto carry on the la w which the 
House of Rei^resentatives has provided for. I do not think there 
ought to be any Commission there, but I j)refer it to this extent, 
that at least one of the gentlemen appointed or substituted on 
tlie Commission is a gentleman who has lived for a long time in 
the Territory of Utah, a man in whom all the people have con- 
fidence, and who, although a Republican in politics, as all the 
members of the Commission created by the other House are, is 
one to whom they feel they can trust their best interests, and 
that is the chief justice of the Territory, Justice Zane. 

But the other House lias accomplished this; although it car- 
ries on this Commission and invests the governor, the chief 
justice, and the secretary with the power conferred by the Ed- 
munds law upon the five commissioners, whoso expenditures 
will amount to at least $50,000 under that law, it has gone to the 
extent ot saying that these gentlemen may perform the duties 
devolving upon the Commission without extra compensation, 
and in that way has saved $30,000 ot the entire appropriation 
that is now asked for by the Committee on Appropriations. 

There is, of course, no question of politics in the commission as 
created by the other House, because all the board of commission- 
ers who are to appoint these registrars and supervisors and to 
receive the returns and to certify them are members of the same 
party, but yet they live in the Territory. If they did not live 
there before their appointment to office, at least th-ey have be- 
come domiciled in the Territory. They know the people, they 
know their feelings, their wante, and their sentiments; and it is 
more agreeable to any class of people in any section of this coim- 
try to have that class of oflicers placed over them than to bi'ing 
officers from two or three thousand miles there to perform these 
inferior duties. 

I hope, therefore, the Senate will not adopt the suggestion of 
the Committee on Ajipropriations and sti'ike out the provision 
as provided of the other House. 

Mr. ALLISON. I am so anxious to complete this bill that I 
will say but a word respecting the reasons why the Committee 
on Appropriations recommended that this provision should bo 
stricken out. 

I was glad to hear the Senatorfrom West Virginia [Mr. Faulk- 
ner] anticipate me somewhat in the reasons I propose to give. In 
the first place, the duties devolved upon the Utah Commission 
aro devolved by this bill upon the governor, the chief justice, 
and the .secretary of the Territory, this being a wholly partisan 
body, and therefore we concurred with the Senator from West 



Virginia in his views that this is not a wis3 thing to do, especi- 
ally as respects elections. 

The governor, the chief justice, and the secretary are Repub- 
licans, and wo hope they will be during this entire fiscal year 
and during the elections to occur in the near future; but if they 
are there will bo at once great party strife in Utah respecting 
registration and voting, and all the consequences which come 
from one party having exclusive and absolute control of elec- 
tions. I do not know of a Northern State in the Union where 
that is done. I believe recently the laws wore changed in the 
State ot New York, whereby two Democratsand one Republican 
are to conti-ol elections in the cities. Prior to that time so anx- 
ious were they in New York to secure an hqnest vote that the 
officers having control of elections were divided equally between 
the two political parties. 

Now, although those gentlemen are Republicans and I am sure 
they will administer the election laws with perfect fairness, 
yet it did not seem to us that it was wise to deprive the Utah 
Commission from exorcising the power it now exercises under 
the law in view of the fact that three of them are Republicans 
and two of them are Democrats; so that whatever comes there 
will be a fair registration and a fair election. 

Mr. PLATT. There has never besn any complaint of parti- 
sanship thei-e. 

Mr. ALLISON. I thank the Senator. There never has been, 
so far as I know, any complaint respecting the conduct of the 
elections in Utah. Therefore the provision as found in tho bill 
as it came from the Hous3 is radically defective, and I am glad 
to know the Senator from West Virginia practically agrees with 
me. 

That is one thing. Another thing respecting the amendment 
is that it is an amendment placed on an ajipropriation bill radi- 
cally changing a public policy. That pulilic policy is ono wliich 
was established after long debate and full consideration in this 
body. Whilst, as respects mere matters of detail or matters of 
administration in the consideration ot approi>riation bills, we 
have allowed legislation to be placed upon them and have not 
struck out legislation, here is a prcjiosition to radically change 
the public policy as respects the control of the Territory of Utah. 

Mr. VEST. May I ask the Senator a question? 

Mr. ALLISON. Yes. 

Mr. VEST. Do I understand the Senator to take the position 
now that wo have adopted this as a permanent policy without 
any limitation? 

Mr. ALLISON. Surely the Senator can not understand me 
in that way. 

Mr. VEST. Then, as I understand, waiving the question as to 
the point ot order on the amendment, it comes simply to the 
question whether the state of things exists in the Territory of 
Utah at this time which existed at the time this policy was 
adopted, and whether there is any necessity for continuing it. 

Mr. ALLISON. ]\Iy point is, that hero is a matter of policy 
which has been upon our statute backs for many years respect- 
ing the control of the government of that Tcrritoiy . That policy, 
I think, has shown itself t|) be so i-easonably wise that there ex- 
ists now a very different condition from what existed when that 
policy was inaugurated. The condition there is greatly im- 
proved, I think, though the Committee on Appropriations surely 
has not, nor has any committee ot this body or of the House of 
Representatives, if you please, so far as I know, e.xamined into 
the question so as to know and be able to report whether or not 
the condition of things existing there is such as that the pro- 
posed change would be justifiable. 

There is nothing in the report of the Committee on Apjiro- 
in'iations of tho House of Representatives so far as I have been 
able to see, except tho naked statement that they have modified 
the law. I believe myself that within a year or two the condi- 
tions in Utah will be such as that all the affairs relating to elec- 
tions and every other question in that Territory may bo rele- 
gated more directly to the General Assembly of the Territory; 
but are we now, on an appropriation bill, to consider this ques- 
tion without having the necessary data and tho necessary infor- 
mation upon this subject? There may be Senators on this floor 
who have that information, but I certainly have not. That was 
the general motive and view which the Committee on Appro- 
priations took with respect to this legislative provision abolish- 
ing the Utah Commission. 

There is still, however, another objection which occurs to me; 
and that is that the chief justice, who is made one of the com- 
missioners to execute this law and perform the functions of the 
Commission, is now the chief justice ol the Territory and will bo 
obliged to sit as a judge upon his administrative functions as a 
commissioner under this law. Suppose any question shall come 
up before tho court in i-espect of the election atter it shall have 
taken place, he will be the judge as to the regularity of the pro- 
ceedings and he will bo tho judge as to whether the i)roccedingt» 



5568 



CONGEESSIONAL RECOED— SENATE. 



June 2^!, 



were in accortlauce with the provisions of law. Therefore, the 
7)rovision hex-o is radically defective. I confess that I do not 
know what the state of the law would be a=i respects the Terri- 
tory of Utah if we were to abolish the Commission without pro- 
viding a substitute for it. 

Mr. FAULKNER. I would state to the Senator that, accord- 
ing to my understanding of the condition of the law there, if the 
Commission is abolished now, after the governor had put the 
statute into his pocket which had be:n passed by the Legislature 
to meet the very requirements of the Eldmunds law, and thereby 
refused to perm'it it to become a law, you have no law. 

Ur. ALLISON. Very well. 

Mr. FAULKNER. But the result, if the chairman of the com- 
mittee will permit me, would be that the governor could at once 
convene the Legislature, and it could at once pass a law, as it 
has done four times, in accordance with the provisions of the 
Edmunds act. 

:^Ir. AI^LISON. Then the situation is such that I think it 
ought to invoke the consideration of thi propar committee of 
thfs body whose busin3ss it is to examine into these questions 
and th ?se statutes, and that is the Judiciary Committee. The 
Senator has stated enough to show that the Judiciary Commit- 
tee ought to make some explanation of this subject and see what 
amendment, if any, i-j usees ;nry under the Edmunds law, so 
called, and see what, if anything, can be omitted as respects 
these officers under the Edmunds law, but shall we here and 
now, upon a bill which must be approved before next Thursday 
or the Government machinery will stop, unless the former ap- 
propriations are extended through the action of both Houses, 
undertake to regulate this matter':' It does not seem to me that 
it is wise to do it. 

I should gladly vote for a resolution instructing the Judiciary 
Cjmmittri! of this body or the Committee on Territories, or any 
committeehavingproper jurisdiction of this question, to examine 
into it and report whether or not this Commission can b3 abol- 
ished, and, it so, what tribunal shall have tho jurisdiction which 
is now exercised by it. I have no desire to retain the commission 
a minute longer than is necessary for executing the purposes and 
aims for which it was originally appointed. 

The PRESIDENT p?-o tempore. The question is on* the motion 
to strike out the paragraph which has b3en read. 

Mr. FAULKNER. I ask for the yeas and nays on the amend- 
ment. 

The yeas and nays were ordered. 

Mr. COCKRELL. The amendment is to strike out from lino 
13, on page 6fi, down to line 7, on page 67, as I understand. 

The PRESIDENT pro tanpove. That is the question, to strike 
out only, and not to sti'ike out and insert. 

Mr. VEST. I have no disposition to detain the Senate, but I 
want to make a single observation about this legislation. 

I state very frankly that I ojijiosed the Edjnunds bill, and there 
is no act of my public life that gives me less regret or more satis- 
faction than my action in that matter. But that is aside from 
this question. 

One thing is certainly known to the Senator from Iowa [Mr. 
Allison] and to all of us, and that is that a very great revolu- 
tion has taken place in the Territory of Utah. It has increased 
wonderfully in population and in wealth, and in all the higher 
civilization of which the American people are so justly proud. 
There has been new blood infused into that Territory. 

No man can go to Salt Lake City and take even a superficial 
glance at the society and business there without coming to the 
conclusion that those people can be just as safely trusted with 
the great problem of American destiny as the people of any State 
in this Union. As a matter of course, the cloud of polygamy 
rests upon them, like the cloud of slavery rested upon some of 
the other States and Territories of the Union; but are wo for- 
ever to go back to these old obsolete questions and prejudices 
in order to arrive at conclusions as to matters which are now 
pressing upon us in the hui'ry and rush and roar of our every- 
day American life? 

All of us know that the Territorial Legislature of Utah, with 
new motives and under new guidance, has adopted a statute, 
which I have in my committee room oi- in my desk, which is as 
stringent and as absolutely coercive and punitory as the Edmunds 
act ever was or as mortal man. in my judgment, could ever frame 
a statute. 

Now, what is the elTect of continuing this Commission? It 
is just saying to the people of Utah, whose representatives have 
adopted that statute "you lied deliberately when you passed 
it;" it is saying to them, "you are not worthy of confidence: 
we did not believe you when you passed that law; it was a sham, 
a fraud, and a blind, and you are just as much devoted to 
polygamy as you ever were." That is the whole of it. 

If we now say to them "you can not exercise the rights of 
American citizenship as the people of the other Territories do, 



notwithstanding this solemn enactment of your Ten-itorial Leg- 
islature and putting behind you this institution of polygamy, "we 
must say to them " We distrust you absolutely and you can not 
do anything to remove that distrust." Is that v,fise statesman- 
ship? I do not myself know any better way in the world to ruin 
an individual than to give him to understand that j'ou have not 
the slightest confidence in him, and that you propose to resort 
to punitory measures entirely in regard to him. I do not know 
any better way to kill a community than to say to them you have 
no confidence in their professions. 

Look at the condition of Utah to-day. It is known to every 
intelligent man who has paid any attention to it, that the old 
leaders have lost their influence; they can not to-day summon a 
corporal's guard to carry out any of the old polygamous and an- 
tiquated ideas with which Smith and Young indoctrinated that 
people. The young men of the Territory are controlling. If I 
should use names here and produce private letters, I could show 
a state of things in Utah which makes the action of our commit- 
tee here absolutely monstrous. 

I have a very dear and intimate friend who went there and he 
is now occupying the position of a journalist at the head of one of 
the leading papers of Utah. He went there with as strong and as 
bitter prejudices against polygamy and against the people of that 
Territory as any man could possibly have. He is a man of great 
ability, a man of frank, open, strong nature, and I have private 
letters from him inwhichincidentally he discusses the question. 
He writes to me that Utah is exactly in the csndition of any 
other American Territory. The quarrel about polygamy is not 
in Utah at all. It exists with people who do not know anything 
about it and are 'not at all connected with it, except on account 
of their general prejudices against such an institution, in which, 
of course, we all here share. That is my objection to this. 

As the Senator from West Virginia [Mr. FAULKNER] very 
pertinently remarked, if we are to have this Commission, which 
I think is absolutely unnecessai'y, let us have it. The idea 
of the Government of the United States treating one of its Ter- 
ritories as a colony, the idea of making an Ireland out of any 
portion of the soil of this country, is utterly abhorrent to all my 
opinions about the Government, its autonomy, and its hereditary 
traditions. You can not strike a more fatal blow at the progress, 
the pride, the self-respect, the individuality of any people in the 
world than by keeping them in swaddling clothes politically, in 
tutelage, under espionage by the Government of which they are 
citizens. 

If these people to-day, under the blazing sunlight of our civil- 
ization and our religion, with the railroad, the telegraph, the 
newspaper, and jjrogress in every way, are not fit to conduct 
their own affairs in the Territory, then our problem of govern- 
ment is a failure, and we might as well admit now that we have 
started on the wrong track, and that we ought to adopt the old 
coercive, paternal theory that men should be governed from a 
distance and ought not to be permitted to govern themselves. 

Mr. PLATT. Mr. President, the Territory of Utah and its 
government, in viewof the institution which prevails there, has 
IJresented one of the most dilticult problems which this Govern- 
ment has ever had to encounter. I think that Congress has 
dealt well with those people in the past, and I think that the re- 
sults which have been achieved in Utah show the wisdom of the 
action which has been taken by Congress in the passage of the 
Edmunds-Tucker act and the creation of the Utah Commission. 

I think the gratifying progress which has been made in Utah 
towards an emergence from that condition of barbarism in which 
for a time it was beclouded has shown that this Commission has 
been a wise commission. Very much of the advance which has 
been made and very much of the action which has been taken 
by the Mormon Church looking to an abandonment of the sys- 
tem of polygamy I believe has resulted from the wise conduct 
of the Utah Commission. 

I agree that rapid progress is being made there, that the time 
is rapidly approaching, and very much more rapidly approach- 
ing than the people throughout the covmtry now understand, 
when we may safely admit Utah as a State in the Union. 

I believe, Mr. President, that the system of polygamy, cer- 
tainly in all the most thickly settled portions of Utah, is athing 
of the past. I do not believe that polygamous marriages are 
now being contracted — certainly not, unless it te in some of the 
remote and secluded portions of the Territory. In the more 
thickly settled and highly civilized portions of the Territory 
the practice of polygamy has undoubtedly been abandoned, ex- 
cept possibly some persons who contracted polygamous mar- 
I'iages in the past are not quite giving up the I'elations which 
were thus contracted. As to all the new marriages I think that 
the Senator from West Virginia [Mr. Faulkner] is quite right 
in saying that no new polygamous marriages are being con- 
tracted, unless it be in rare and exceptional cases. 

But, Mr. President, it does not follow from that, when this 



1892. 



CONGRESSIONAL RECORD— SENATE. 



5595 



Union, the Good Templars. Sons of Temperance, Temple of Honor, 
Will Try Social, and Boys' Temperance Union of Fall River, Mass. , 
praying- for the adoption of an amendment to the Constitution of 
the'Cnited States providing that the manufacture, importation, 
exportation, transportation, and sale of all alcoholic liquors as a 
beverage shall forever bo prohibited in the United States; which 
were referred to the Committee on Education and Labor. 

Mr. PASCO presented a petition of the Chamber of Commerce 
of Pensacola, Fla., praying for the passage of legislation for the 
completion of the Nicaragua Canal; which was referred to the 
Committee on Foreign Relations. 

Mr. STOCKBRIDGE presented petitions of 21 citizens of One- 
kama, of 3S citizens of Marilla, and of 21 citizens of Burnham, 
all in the State of Michigan, praying for the passage of legisla- 
tion prohibiting the sale, manufacture, and importation of ciga- 
rettes in the United States; which were referred to the Committee 
on Epidemic Diseases. 

Mr. ALLEN. I present a petition signed by a large number 
of business men and societies of the citj' of Tacoma, in the State 
of Washington. It is very brief, and is as follows: 

Wo, the undersigned, citizens ol the United Slates, residing at Tacoma. 
Wash., which already* has a large and rapidly growing trade vrilh the Old 
World, especially in wheat, lumber, and flour, respectfully and urgently 
petition Congress to provide or guarantee such necessary means as will as- 
sist, protect, and hasten the- completion and secure the national control of 
the Nicaragua Maritime Canal, as recommended to Congress hy the Presi- 
dent of the United States in his recent message. 

I move that the petition be referred to the Committee on For- 
eign Relations. 

The motion was agreed to. 

Mr. ALLEN presented the memorial of M. E. Charlton and 
other citizens of Lewisville, Wash., remonstrating against the 
commitment of the United States Government to a union of re- 
ligion and the state by the passage of any legislation closing ihe 
World's Columbian Exposition on Sunday; which was referred 
to the Committee on the Quadro-Centennial (Select). 

He also presented a petition of the Medical Society of the 
State of Washington, praying for the establishment of a public 
health department, and that such department be placed under 
charge of a Cabinet officer; which was referred to the Committee 
on Epidemic Diseases. 

Mr. SQUIRE presented a petition of the Board of Trade of 
Anacortes, Wash., praying that an appropriation be made for a 
coast-defense vessel to he stationed in Puget Sound; which was 
I'eferred to the Committee on Coast Defenses. 

He also presented a petition of John F. Miller Post, No. 31, 
Grand Army of the Republic, of Washington, praying for the 
passage of the Quaj--Wheeler bills relative to marking the battle 
lines at Gettysburg, Pa.: which was referred to the Committee 
on Military Affairs. 

He also presented a petition of citizens of Seattle, Wash.,i3ray- 
ing for the passage of legislation prohibiting the sale, manufac- 
ture, and importation of cigarettes in the United States; which 
was referred to the Committee on Epidemic Diseases. 

He also presented memorials of members of the Seventh-Day 
Adventist churches of College Place, Quilicene, and Kent, and 
a memorial of members of different religious bodies of Weston, 
all in the State of Washington, remonstrating against the com- 
mitment of the United States Government to a union of religion 
and state bj' the passage of any legislation closing the World's 
Columbian Exposition on Sunday; which were referred to the 
Committee on the Quadrc-Centennial (Select). 

He also presented a memorial of the American Sabbath Tract 
Society of Plainfield, N. .!., praying thatthe World's Columbian 
Exposition be closed on Sunday; which was referred to the Com- 
mittee on the Quadro-Centennial (Select). 

Mr. PEFFER pi'esented the memorial of Lewis Spencer and 
29 other members of the Seventh-Day Adventist Church of Bird 
City, Kans., remonstrating against a commitment of the United 
States Government to a union of religion and the state by the 
passage of any legislation closing the World's Columbian Expo- 
sition on Sunday; which was referred to the Committee on the 
Quadro-Centennial (Select). 

He also presented the memorial of A. N. Case and sundry other 
citizens of Bavaria, Kans., remonstrating against the passage of 
House bill 395 and Senate bill 2984, known as the Brosius-Wilson 
bills, and praying for the passage of the Paddock pure-food bill; 
which was referred to the Committee on Agriculture and Fores- 
try. 

Mr. PADDOCK presented a memorial of the American Secu- 
lar Union of Chicago, 111., remonstrating against the passage 
of House bill 8367 for the delivei-y and sale of ice on Sunday in 
the District of Columbia; which was referred to the Committee 
on the District of Columbia. 

Mr. MANDERSON presented a memorial of sundry citizens 
of A'alentine, Nebr.. remonstrating against the passage of legis- 
lation closing the World's Columbian Exposition on Sunday; 



which was referred to the Committee on the Quadro-Contennial 

(Select). 

He also presented petitions of citizens of Chester, Blue Springs, 
and Columbus, all in the State of Nebraska, praying for the pas- 
sage of legislation prohibiting the sale, manufacture, and impor- 
tation of cigarettes in the United States; which were referred to 
the Committee on Epidemic Diseases. 

Mr. HARRIS pi-escntedapctitionof Haywood Grange, Patrons 
of Husbandry, of Tennessee, praying for the passage of legisla- 
tion regulating speculation in farm products; which was referred 
to the Committee on the Judiciary. 

Mr. COKE proSi-nted a petition of the Young People's Society 
of Christian Endeavor of Austin, Tex., praying for the closing 
of the World's Columbian Exposition on Sunday; which was re- 
ferred to the Committee on the Quadro-Centennial (Select). 

REPORTS OP COM^aTTEES. 

Mr. WALTHALL, from the Committee on Public Lands, to 
whom was referred the bill (.S. 31o()) authorizing the Commis- 
sioner of the General Land Office to issue a land patent to George 
W. and Lottie Rogers, reported adversely thereon, and the bill 
was postponed indefinitely. 

Mr. DOLPH. By direction of the Committee on Public Lands, 

1 report back favorably without amendment the bill (S. 1729) to 
amend section 2237 of the Revised Statutes, in relation to sala- 
ries of registers and receivers of United States land offices. 
This bill was ordered reported on the 7th of May, and I supposed 
it was on the Calendar; but it does not appear to have been re- 
ported. 

The PRESIDENT pro tempore. The bill will bo placed on the 
Calendar. 

Mr. DOLPH, from the Committee on Public Lands, to whom 
were referred the following bills, reported adversely thereon; 
and they were postponed indefinitely: 

A bill (S. 1075) to regulate and fix the compensation of registers 
of the land office and receivers of public moneys in each land 
district; 

A bill (S. 173-1) to amend section 2237 of Title XXXII of chapter 

2 of the Revised Statutes of the United States, in relation to sal- 
aries of registers and receivers of United States land offices; 
and 

A bill (S. 1736) to amend section 2237 of chapter 2 of the Revised 
Statutes of the United States, relating to registers and receivers 
of land offices. 

Mr. DAVIS. I am directed by the Committee on Foreign Re- 
lations, to whom was referred the bill (S. 3310) to secure certain 
reciprocal advantages to citizens, ports, and vessels of the United 
States, to ivport it with amendments. 

I am also directed by the committee to give notice that I shall 
press for an early consideration of the measure. 

The PRESIDENT pro tempore. The bill will be placed on the 
Calendar. 

IMr. PROCTOR, from the Committee on Military Affairs, to 
whom was referred the bill (S. 1808) for the recognition of Henry 
C. Hill as captain and aid-de-camp on the stall' of Maj. Gen. B. 
F. Butler, United States Volunteers, reported it with an amend- 
ment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 2916) for the relief of David H. Thompson, submitted an 
adverse report thereon; which was agreed to, and the bill was 
postponed indefinitely. 

Mr. CHANDLER. On behalf of the Senator from California 
[Mr. Stanford], from the Committee on Naval Affairs, I report 
back the bill (S. 1210) to authorize the payment to Rea; -Admiral 
John H. Russell of the highest paj- of his grade, without amend- ^ 
ment, and submit a written renort thereon. 

The PRESIDENT pro tempore. The bill will be placed on the 
Calendar. 

Mr. WARREN, from the Committee on Irrigation and Rec- 
lamation of Arid Lands j reported the following concurrent reso- 
lution; which was referred to the Committee on Printing: 

Sesolvcdby the Senate Uhe House of Ncpreseniatives concurring). That there 
be printed and bound in cloth 20,000 additional copies of Executive Docu- 
ment No. 41, Fifty-second Congress, lirst session, it being a report on irriga- 
tion and the cultivation of the soil thereby, with physical data, conditions, 
and progress within the United Slates for 1891. accompanied by maps, illus- 
trations, and papers, of which 7,000 shall be for use of the Senate and 13,000 
for use of the House of Representatives. 

Mr. MANDERSON, from the Committee on Printing, reported 
an amendment intended to be proposed to the deficiency appro- 
priation bill; which was referred to the Committee on Appro- 
priations, and ordered to be printed. 

Mr. MITCHELL, from the Committee on Claims, to whom 
was referred the bill (S. 2128) for the relief of John .S. Sammis, 
reported it with an amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (H. R. 1239) for the relief of the Mobile and Girard Railroad 



5596 



CONGRESSIONAL RECORD— SENATE. 



June 29, 



Company, reported it without amendment, and submitted a re- 
port thereon. 

Mr. MITCHELL. I am directed by the Committee on Claims, 
to whom was referred the bill (S. 12()6) to pay the awards of the 
Court of Claims in the B^rench spoliation cases, to report it with 
an amendment, and submit a report thereon. 

The PRESIDENT pro tempore. The bill will be placedon the 
Calendar. 

Mr. MITCHELL. From the same committee, I report an 
amendment intended to be proposed to the deficiency appropri- 
ation bill, which I ask bs referred to tlie Committee on Appro- 
priations. 

I desire to state that this amendment covers awards made by 
the Court of Claims in French spoliation eases amounting- to the 
sum of $4.58,359.65. There was incorporated in the last defi- 
ciency bill, passed the 3d of March, 1891, the sum of $1,. 304,095.37. 
This present report covers scarcely one-fourth of the awards 
that have been made by the Court of Claims. 

Attached to the report and made a part of it for the informa- 
tion of the Senate is aschedule of claims that were reported upon 
favorably by the Court of Claims prior to March 3, 1891, and 
which werenot included in the appropriation of that date. That 
list amounts to $1,044,828.51. Then again there is attached to 
the report a separate schedule of awards that have been made 
favorably by the court since that date and which are not included 
in the bill now reported amounting to the sum of $329,936.97. So 
there have been awards made by that court which are not cov- 
ered either by the appropriation made one year ago and over or 
in the proposed bill amounting to $1,374,765.48. 

The PRESIDENT jjro tempore. The proposed amendment will 
be referred to the Committee on A])propriations and printed. 

Mr. HANSBROUGH, from the Committee on Pensions, to 
whom was referred the bill (H. R. 7296) granting pensions to the 
survivors of the Indian wars of 18.32 and 1842, inclusive, known 
as the Black Hawk war, Creek war, Cherokee disturbances, and 
the Seminole war, reported it with amendments, and submitted 
a report thereon. 

BILLS INTRODUCED. 

Mr. HANSBROUGH introduced a bill (S. 3342) to regulate 
contests under the land laws in certain cases; which was read 
twice by its title, and referred to the Comjnittee on Public 
Lands. 

He also (by request) introduced a bill (S. 3343) to amend the 
act to incorporate the Washington and Sandy Spring Narrow 
Gauge Railroad Company; which was read twice by its title, 
and referred to the Committee on the District of Columbia. 

Mr. FAULKNER introduced a bill (S. 3344) to pension Mary 
Cunningham; which was read twice by its title, and, with the ao- 
companving paper, referred to the Committee on Pensions. 

Mr. COLQUITT introduced a liill (S. 3345) to provide for the 
improvement of the outer bar of Brunswick, Ga.; which was 
read twice by its title, and referred to the Committee on Com- 
merce. 

Mr. HUNTON introduced a bill (S. 3346) for relief of repre- 
sentatives of John 3. Barbour, late a Senator from Virginia ; 
which was read twice by its title, and referred to the Committee 
on Appropriations. 

He also introduced a bill (S. 3347) for the relief of Mrs. Tabb 
Boiling Lee, the widow of William H. P. Lee, late a Represent- 
ative from Virginia; which was read twice by its title, and re- 
ferred to the Committee on Apijrojiriations. 

Mr. ALLEN (by request) introduced a bill (S. 3348) for the re- 
lief of James J. Wheeler; which was read twice by its title, and 
referred to the Committee on Pensions. 
— ^r. McMillan introduced a bill (S. 3349) to amend an act 
entitled "An act to incorporate the Brightwood Railway Com- 
pany of the District of Columbia: " which was read twice by its 
title, and referred to the Committeeon the District of Colurabia. 

Mr. QUAY introduced a bill (S. 3350) donating a Napoleon 
gun to the Society of the Sons of the Revolution of Pennsyl- 
vania: which was read twice by its title, and, with the accom- 
panying paper, referi-ed to the Committee on Military Affairs. 

Mr. CHANDLER introduced a bill (S. 3351) for the relief of 
Francis L. Abbot, administi'ator of the late Thomas J. Tread- 
well, of the United States Army; which was read twice by its 
title, and referred to the Committee on Claims. 

Mr. PERKINS introduced a bill (S. 3.352) granting a pension 
to Dr. J. B. Thurman; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. CALL. I present the petition of John H. Caro. of the 
city of Pensacola, Pla., inclosing a proposed law, in which he 
appeals to Congress in the name of Christianity aud humanity 
to pass a law designed to overcome the many social aud moral 
evils arising- from the existing methods pursued by sailor board- 
ing houses, whereby sailors are led to desert from their vessels 
and becyme slaves in the hands of these boarding masters. The 
petition goes on to set forth the gi'eat evils inflicted upon sailors 



by this practice and the necessity of a change in the existing 
law. I present it with the bill, which I introduce by request, 
for the protection of sailoi-s from boarding-house keepers, for 
I'eference to the Committee on Commerce. 

The bill (S. 3353) for the protection of sailors from boarding- 
house keepers was read twice by its title, and referred to the 
Committe on Commerce. 

Mr. CALL introduced a bill (S. 3354) for the relief of the heirs 
of Lieut. John E. Scott; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Revolutionary Claims. 

He also introduced a bill (S. 3355) granting a pension to Sam- 
uel B. Hux-lbut; w-hich was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Pensions. 

AMENDMENT TO APPROPRIATION BILL. 
:Mr. CAMERON submitted an amendment intended to bs pro- 
posed by him to the sundry civil appropriation bill; which, with 
the accompanying paper, was referred to the Committee on Ap- 
propriations. 

DIPLOMATIC AND CONSULAR APPROPRIATION BILL. 

Mr. HALE submitted the following report: 

The committee of confei'ence on the disagreeing votes of tlie two Houses 
on the ameudments of the Senate to the bill (H. K. 7024) " making appropri- 
ations for the diplomatic and consular ser\^ce of the United .States for the 
fiscal year ending June 30, 1893," having met, after full and free conference 
have agreed to recommend and do recommend to their respective Houses as 
follows: 

That the Senate recede from its amendments numbered 17, 18, 19. 20. ;i, 2", 
131. 177 .and 178. 

That the House recede from Its disagreement to the amendments of the 
Senate numbered 1, 2, 3, 4, 5, 6, 7, 8. 9, 10, 11, 12, 13, 14, 15, 16, 22, 24, 26. 30, 31, 32, 
33, 34, 37, 38, 39, 40. 44, 45, 46. 47, 49, 50. 51, 52, 53. 51, 55, 56, 57, 58, 59, 60, 61, 62, 63, 
64, 65, 66, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, §5, 86, 87, 88, 
89. 90. 91, 92. 93, 94, 96, 97, 98, 99, 100, 101. 102. 103. 101, 105, lOJ. 107, 108, 109, 110. HI, 
112. 113. 114. 115, 116. 117, 118, 119, 120, 121. 122, 123, 124. 125. 126, 127. 128, 129, 130, 
i:W. 133. 134. 135, 136, 137, 138, 139, 140, 141. 142, U3. 144, 145. 146, 147, 148, 149. 150. 151, 
l.W. I.=i3. 154. 15,5. 156, 157, 158, 1,59. 160, 161, 162. 163. 164, 165, 166, 167, 168, 169, 170, 171, 
172. 173, 174, 176, and 181; and agi-ee to the same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 23, and agree to the same with an amendment as follows: 
In lieu of the sum proposed, insert $30,000; and the Senate .agree to the same. 

That the House recede from its disagi'eement to the amendment of the 
Senate numbered 25. and agree to the same with an amendment as follows; 
Add at the end of said amendment the foUo^vln^: 

■• Provided. That this sum sh:ill be in full of the share of the United States, 
for the expense of said preliminary survey, and nottiing herein contained 
shall in any way commit the United States to any aid for the construction 
or equipment of said railway." 

And the Senate agree to the same. 

That the House recede from its disagreement to the amendments of the 
Senate numbered 28 and 29, and agree to the same with an amendment as 
follows; Strike out the amended paragraph and insert in lieu thereof the 
following: 

"Consul-general at Havana, J6.000. Consuls-general at London, Paris, and 
Rio de Janeiro, at $5,000 each, J15,000." 

And the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the Sen- 
ate numbered 35, and agree to the same with an amendment as follows ; In 
lieu of the matter inserted by said amendment insert the following; 

"Consuls-general at Halifax and Vienna, at $3,500 each, $7,000." 

And the Senate a,gree to the same. 

That the House recede from its disagreement to the amendment of the Sen- 
ate numbered 36, and agree to the same with an amendment, as follows: In 
lietiof the matter inserted by said amendment insert the following; 

" Consuls-general at Apia, Constantinople, Dresden. Ecuador, Frankfort, 
Ottawa, Rome, St. Petersburg, and St, Gall, at $3,000 each, $27,000;" and the 
Senate agree to the same. 

That the House recede from its disagreement to the amendment of the Sen- 
ate ntimbered 41, and agree to the same with an amendment, as follows; In 
lieu of the sum proposed insert "$98,000;" and the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the Sen- 
ate numbered 42. and agree to the same with an amendment as follows: In 
lieuot the sum named in said amendment insert the following: "397,000;" 
aud the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the Sen- 
ate uumberee 43, and agree to the same with an amendment as follows; In 
lieu of the sum named in said amendment insert "5,000;" aud the Senate 
agree to the same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 48, and agree to the same with an amendment as follows: 

Strike out from said amendment the words "Chin-Kiang, Puchau, Han- 
kow;" and the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the 
Senate numered 67, and agree to the same with an amendment as follows; 

Strike all after the word "China " in said amendment, aud insert in lieu 
of the matter stricken otit the foUowin.g: "ConsiUs at Chin-Kiang, Fuchau, 
and Hanltow; and the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 95, and agree to the same ftnth an amendment as follows; 
Insert after said amendment as a new paragraph the following: 

"China: Consul at Ningpo." 

And the Senate agree to the same. 

That the House recede from its disagi-eement to the amendment of the 
Senitte numbered 167, and agree to the same with an amendment as follows; 
Insert after said amendment as a new paragraph the following; 

"Paraguay; Consul at Asuncion. ' 

And the Senate agree to the same. * 

That the House recede from its disagreement to the amendment of the Sen- 
ate numbered 175, and agree to the samewith an amendment as follows; In 
lieu of the matter inserted by said amendment insert the following; 



"At $1,000 per annum. 

"Belgium: 
"Consul at Ghent. 

"Chile: 
"Consul at Talcahu.ano. 



•Class 7. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



5597 



"France andFrench dominious: 
"Consul at Nantes. 

"Germany: 
"Consul at Stettin. 

"Great Britain and British domains: 
"Consuls atGaspe Basin tCanada), Sierre Leone (We.'it Africa), Turk's Is- 
land and Windsor (Nova Scotia). 
"Haiti: 
"Consul at Cape Haitien. 

"Honduras: 
"Consul at Ruatan and Trtixillo (to re.side at Utilla). 

"Italy: 
"Consul at Venice. 
"Netherlands; 
"Consul at Batavia. 

"Portuf^uese dominions: 
"Consul at Mozambique (Africa), and Santiago {Cape Verde Island). 

"Society Islands: 
"Consul at Tahiti. 

" Sweden aud Norway: 
"Consul at Christiania." 
And the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the Sen- 
ate numbered 179, and agree to the same with an amendment as follows: In 
lieu of thesum proposed, insert "J2.5,0(I0; " and theSeuate agreeto thesame. 
That the House recede from its disagreement to the amendment of the 
Senat« numbered 180, and agree to the same with an amendment as follows: 
In lieu of the siun proposed insert "$90,000;" aud the Senate agree to the 
same. 

EUGENE HALE, 
W. B. ALLISON. 
JO. C. S. BLACKBURN, 
Managers on the part of the Senate. 
JAMES B. McCREAEY, 
ROBERT R. HITT. 
Managers on the part of the Bouse. 
The report was concurred in. 

ECKINGTON AND SOLDIERS' HOME RAILROAD COMPANY. 

Mr. McMillan submitted the following report: 
The committee of conference on the disagreeing votes of the two Houses 
on the amendments of the Senate to the bill (H.R. 410) to amend the charter 
of the Eckington and Soldiers' Home Railroad having met, after full and 
free conference have agi-eed to recommend and do recommend to their re- 
spective Houses as follows: 

That the House recede from its disagreement to the amendments of the 
Senate and agree to the same with the further amendment to be inserted on 
page I . line 1'.'. after the word "branch ; " " also beginning at the intersection 
of Fifth and G streets northwest; thence south on Fifth street to Louisiana 
avenue; thence southwesterly on Louisiana avenue to a point, to be located 
by the Commissicmers of the District of Columbia, east of Seventh street 
northwest, and retiu-ning by the same route to the said point of beginning; " 
and that the Senate agree to the same. 

JAMES MCMILLAN, 
B. W. PERKINS. 
ISHAM G. HARRIS. 
Managers on the part of the Senate. 
JNO. T. HEARD. 
JAMES D. RICHARDSON, 
P. S. POST. 
Managers on the part of the House. 
The rejMrt was concurred in. 

COMMITTEE SERVICE. 

Mr. HARRIS. Being a member of the Committee to Investi- 
gate Failed National Banks, I find my engagements are such as to 
render it impossible for me to give the matter proper attention. 
I therefore ask the Senate to excuse me from further service on 
that committee. 

The PRESIDENT pro tempore. The Senator from Tennessee 
asks that the Senate excuse him from further service on the Com- 
mittee to Investigate Failed National Banks. Is there objec- 
tion':" The Chair hears none, and the Senator is excused. 

Mr. HARRIS. The Senator from New Jersey [Mr. McPher- 
SOn], who was also a member of that committee, was excused 
yesterday. I ask that the vacancies occasioned by excusing the 
Senator from New .Jersey and myself may be filled by the Chair. 

The PRESIDENT pro tempore. Is there objection to the re- 
quest of the Senator from Tennessee? The Chair hears none: 
and appoints to fill the vacancies on the Committee to Investi- 
gate Failed National Banks the Senator from Kentucky [Mr. 
Carlisle] and the Senator from Ohio [Mr. Brice]. 

LEGISLATI-VE, ETC, APPROPRIATION BILL. 

The PRESIDENT pro tempore. If there is no further morning 
business, the Calendar under Rule VIII is in order. 

Mr. ALLISON. I move that the Senate proceed to the con- 
sideration of the legislative, executive, and judicial appropria- 
tion bill. 

The motion was agreed to: and the Senate resumed the con- 
sideration of the bill (H. R. 9040) making appropriations for the 
legislative, executive, and judicial expenses of the Government 
for the fiscal year ending ,Iune 30. IHK.'j, and for other purixises. 

The PRESIDENT pro tempore. ' The bill is in the Senate and 
the amendments placed on the bill as in Committee of the Whole 
have been concurred in with the exception of certain reserved 
amendments. The question is on concurring in the Senate in 
the first amendment which was reserved. It will be stated. 

The Secret.\ry. On page;66, after line 12, the Senate, as in 
Committee of the Whole, struck out the following: 

That so much of section 9 of the act entitled "An act to amend section 535'3 
of the Revised Statutes of the United States, in reference to bigamy, and for 



other purposes," approved March 2e, 18S3, as authorizes the President to ap- 
point a board of five persons to exercisecertain powers and duties prescribed 
in said section, be. aud the same is hereby, repealed: and the said board 13 
hereby abilished, and all powers and duties conferred upon said board are 
hereby imposed upon and shall be discharged, without additional compensa- 
tion, by a board hereby created, to be constituted of thogovernor, chief Jus- 
tice, and secretary of the JVrritorj-of Utah. 

For thefollow-ing exp,?nses of the foregoing bo;ird, namely; For printing, 
stationery, clerk hire, and onice rent, i3,0U():TroiideJ. That out of this sum 
the said board is hereby authorized to pay to the secretary of the Territory 
who, in addition to being a member of the board, shall be its secretary arid 
disbursing agent, a reasonable sum for such service, not exceedin" J300 for 
the fiscal year 1893. 

The PRESIDENT pro tempore. The question is on concurring 
in the amendment agreed to as in Committee of the Whole strik- 
ing out the words which have been read. Does the Senator 
from West Virginia desire a yea-and-nay vote on this question 
in the Senate? 

Mr. FAULKNER. It was understood that a yea-and-nay vote 
should be considered as ordered onlthe amendment in the Senate. 

The PRESIDENT pro tempore. TheChairsounderstood, that 
the yeas and nays were ordered upon this question. The Sec- 
retary will call the roll upon concurring in the amendment. 

Mr. GEORGE. I should like to have the amendment read so 
as to know how to vote. I was not present yesterday. 

The Secretary again read the amendment. 

The PRESID'ENT pro tempore. The question is on concurring 
in the action of the Senate as in Committee of the Whole in 
striking out the words which have been read. The Secretary 
will call the roll. 

The^Siicretary proceeded to call the roll. 

RRY (when his name was called). I am paired with 

le' Senator from Colorado [Mr. Teller]. 

Mr. COLQUITT (when his name was called). I am paired with 
the Senator from Iowa [Mr. Wilson]. 

Mr. CULLOM (when his name was called). I am paired gen- 
erally with the Senator from Delaware [Mr. Gr.\y]. 

Mr. PLATT (to Mr. Cullom). Transferyour pair to the Sen- 
ator from Rhode Island [Mr. Aldrich]. 

Mr. CULLOM. It is intimated that I may transfer mv pair to 
the Senator from Rhode Island [Mr. Aldrich]. I do so, and vote 
"yea."' 

Mr. DAVIS (when his name was called). I am paired with 
the Senator from Indiana [Mr. Turpie]. 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. Mokrill]. 

Mr. Mcpherson (when his name was called). I am paired 
with the Senator from Delaware [Mr. HiGGlNS]. 

The PRESIDENT j.)ro tempore (v.-h.en Mr. Manderson's name 
was called). The occupant of the chair is paired with the Sen- 
ator from Kentucky [Mr. BLACKBURN]. 

Mr. PUGH (when his name was called). I am paired with the 
Senator from Massachusetts [Mr. Hoar]. If he were present I 
should vote "nay.'' 

Mr. SAWYER. I am paired with my colleague [I\Ir. Vilas], 
but that pair has been transferred to the Senator from Montana 
[Mr. Power], and I vote "yea.'' 

Mr. SQUIRE (when his name was called). I am paired with 
the Senator from Virginia [Mr. Daniel]. Not knowing how he 
would vote, I withhold my vote. 

Mr. WARREN (when his name was called). I am paired with 
the Senator from Georgia [ilr. Gordon], but I have reason to 
believe that he would vote on this question as I shall do, and I 
therefore vote '"naj'.'' 

Mr. WHITE (when his name was called.) I am paired with 
the Senator from Montana [Mr. Power]. I transfer that pair 
to the Senator from Wisconsin [Mr. ViLAS]. so as to enable the 
senior Senator from Wisconsin [Mr. Sawyer] and myself to 
vote, and I vote "nay." 

The roll call was cone-luded. 

Mr. McMillan. I am paired with the Senator from North 
Carolina [Mr. Vaxck]. 

Mr. HANSBROUGH. I am paired with the junior Senator 
from Illinois [Mr. PALirER]: if he were present I should vote 
"yea." 

The result was announced— yeas 28, nays 24: as follows: 
yt:as— 28. 

Sawyer, 

Sherman, 

Shoup, 

Stewart, 

Stockbridge, 

Washburn, 

Wolcott. 



Morg.an, 

Ransom, 

Vest, 

WalthaU, 

Warren, 

■White. 



Allen, 


Dolph. 


Mitchell. 


Allison, 


Dubois, 


Paddock 


Cameron, 


Frye, 


PelTer, 


Chandler, 


Gallinger, 


Perkins, 


Cullom, 


Hale. 


Piatt. 


Dawes, 


Hawley. 


Proctor, 


Dixon, 


Jones, Ark. 


Quay, 
NAYS— 24. 


Bate, 


Coke, 


Hill. 


Butler, 


Faulkner, 


Hunton, 


Call, 


Felton, 


Irby. 


Carey, 


George. 


Kenna, 


Carlisle, 


Gibson, Md. 


Kyle, 


Cockrell, 


Gorm.an, 


Mill.s 



5598 



CONGRESSIONAL RECORD— SENATE. 



June 29, 



NOT VOTING— 35, 

Aidrir-u Gibson, La. McMillan, Sanders, 

Uerrv ' Gordon, McPhersou, bquii'e, 

Blai-kburu, (J ray. Mandersou, Stanford, 

BloUcett, llan'sbrougli, Morrill, Teller, 

Brice, Harris, Palmer, Turpie, 

Casey, Hitcglus, Pasco, Vance, 

Colquitt, lliscock, Pettigrew, Vilas, 

Baniel, Hoar, Power, Voorliees, 

Davis, Jones, Nev. Pugh, Wilson. 

So the amendment was concuiTed in. 

The PRESIDENT xji'O tempore. The question is on concurring 
in the next reserved amendment, which will be read. 

The Secketaky. On page 67, after lino 7, the Senate, as in 
Committee of the Whole, inserted the following words: 

For the salaries of the Ave Commissioners appointed under an act enlitk-d 
" Au act to amend .section 5353 of the Revised Statutes ot the United .States 
iu reference to bigamy, and for other puri^oses," .approved March 22, 18S3, 
at 55,000 each. $25,000. 

For the following expenses of the Commission, namely : For travel- 
ing expenses, printing, stationery, clerk hire, and ofllce rent, $8,500: JPro- 
viSed, That out ot thisasum the Commission is hereby authorized to pay the 
secretary of the Territory, who is its secretary and disbursing agent, a rea- 
sonable sum for such service, not exceeding $300, tor the fiscal year 1892. 

Mr. CAREY. Is an amendment to the amendment in order 
at this time? 

The PRESIDENT lyro tempore. An amendment to the amend- 
ment is in order. 

Mr. CAREY. I move to amend by fixing the salary at $.3,000 
per annum, and reducing the total to $15,000. 

I do this for this reason: The governors of the Territories 
receive $3,000 per annum; the judges of the Territories receive 
$3,000 per annum; the surveyors-general of the Territories re- 
ceive $2,400 per annum. The governor of Utah actually receives 
$2,600, as his salary has been cut down. 

The Senator from Missouri [Mr. Vest] yesterday gave notice 
that the Western States woultl not have a sufBcient amount of 
money to carry on the office work of the surveyors-general in the 
several States where the offices are located, for the reason that 
the money is not in the Treasury to pay them. There are a num- 
ber of .Slates in the extreme West that are not very much inter- 
ested in an appropriation bill that carries forty-odd million dol- 
lars. The people in the Western country who are settling upon 
the lands in tlie States that have had appropriations of public 
land are very anxious to have the lands surveyed, and when they 
are surveyed they are anxious to have the office work brought 
up so that the settlers and the States may have the advantage 
which they are entitled to under the acts of Congress. 

I believe that $3,000 per annum is an adequate salary to men 
whose only duty consists in appointing certain election officers 
and making a canvass of the votes in the Territory of Utah. If 
the $10,000 which would be saved could be distributed among 
several of the States for office work in the offices of the survey- 
ors-general, I think it would do a great deal of good, while it 
would not work a hardship to these men who travel backward 
and forward to perform this duty. 

I cast my vote against the amendment reported by the Senate 
committee for this reason. The Tucker-Edmunds law was aimed 
at polygamy. The people in Utah, I believe, have abandoned 
polygamy. I believe that these people are rapidly preparing 
themselves to enter into the Union as one of the States of this 
Union. I do not believe in the Territorial system. I have seen 
too many outrages performed in Territories by men who were 
sent there from Washington, who know little about Territorial 
affairs, and who really have no interest in the affairs of those 
people. 

If you believe the people who have settled in Utah are honest, 
if you believe they really have abandoned polygamy and they in- 
tend to forever abandon it, I believe in making some concessions 
to them and meeting them fairly and squarely upon this issue. 

The provision which was put on the bill in the other House 
did not take away these duties and vest them again in the Mor- 
mon people. It simply reposed the duties in officers already in 
existence, namely, the governor, the secretary, and the chief 
justice. I5ut the Senate have voted diilerently upon this mat- 
ter, so when we come to this second amendment I ask the Senate 
to save the $10,000 that some of the Western States that need 
appropriations in other directions may have those which are 
absolutely necessary. 

The PRESIDENT pro tempore. The amendment proposed by 
the .Senator from Wyoming to the amendment made as in Com- 
mittee of the Whole will be stated. 

The Secretary. On page 67, line 13, before the first word 
" thousand," strike out " five " and insert " three; '' and in the 
same line, before the word '• thousand," where it occurs the sec- 
ond time, strike out " twenty-five '' and insert "fifteen." 

Mr. FELTON. Mr. President, I desire to say a word in ex- 
planation of the vote I gave yesterday and this morning. I did 
so bjcause I do not believe, for the reasons given on this floor 
and from conversations which I have had with many gentlemen 
from all parts of Utah, that the Commission is any longer neces- 



sary. I shall vote for this amendment cheerfully, because the 
salary which was formerly given is away beyond the require- 
ments for the Commission. 

As I understand, this Commission visit that part of the country 
once a year. The period of their employment is a mutter of not 
more than one month, they I'emaining there at times about ten 
days and performing such duties as are required of them. I be- 
lieve that for a trip to Salt Lake and back, with the usual ex- 
pense attached to it, the pay is amply sufficient for the services 
the Commission render. In the interest of economy and for the 
reason the Senator from Wyoming [Mr. CakeyJ has Just given, 
that there is urg-ent necessity for small appropriations such as 
he referred to, and those appropriations may be made from the 
amount saved by reducing this item, and at the same time ample 
payment be rendered the Commission for all the duties they per- 
form, I think the amendment should be agreed to. Three thou- 
sand dollars, in my opinion, would be an extravagant price fo;- 
the services rendered by the Commission. 

Mr. SHERMAN. I voted against abolishing the Utah Com- 
mission because I believe that so long as Utah remains as a Ter- 
ritorial government a commission of this kind will have a 
healthy effect. I believe the organization of the Commissionhas 
practically abolished polygamy, one of the greatest evils and 
vices which could befall any jjeople. But I do think now, inas- 
much as the desired results have been accomplished, and since 
the moral effect of the Commission is no longer required, that 
the appropriation should ba reduced. 

When these gentlemen were first appointed the salary was 
placed very high for the reason that it was thought best to se- 
lect five gentlemen of distinguished position, of high character, 
well-known attainments, and well-known influence throughout 
the United States; men who would bring to boar a moral influ- 
ence upon the people of Utah. That was the idea which I know 
actuated the Senators who participated in organizing the Utah 
Commission, and it influenced me in providing the liberal com- 
pensation of $5,000 a year, making the amount $25,000 ayearfor 
a commission to practically govern the Territory. Their jjow- 
ers were very extensive. Now there is no necessity for such 
powers, and a reduction of the rate of salary to $2,000 a yeai- 
would be amply sufficient. Three thousand dollars is the amouiit 
proposed, but I think that is probably too high, as their duties 
are now limited to taking care of the elections and seeing tha' 
the election laws are fairly observed. I believe a moderate su:i. 
which will enable the commissioners to go there and remain u 
month in the year will be amply sufficient. I shall vote, how 
ever, for any sum that is proposed . $3,000 or $2,000, though I 
think .$2,000' is enough. 

Mr. CALL. Let the amendment be stated. 

Mr. SHERMAN. I shall move an amendment that " $2,000 " 
be inserted instead of "$3,000." 

Mr. CAREY. I will accept that amendment. There is ar.- 
other matter 

The PRESIDENT pro tempwe. The amendment of the Sena- 
tor from Wyoming [Mr. Carey], the Chair understands, is mod- 
ified by him. 

Mr. CAREY. I am willing to modify the am^dment in the 
way suggested by the Senator from Ohio. 

The PRESIDENT irro tempore. The amendment will be stated 
as modified. 

The Secretary. On page 67, line 13, before the word " thou- 
sand " where it first occurs, it is proposed to strike out " five " 
and insert "two," and in the same line before the word " thou- 
sand" where it occurs the second time, to strike out "twenty- 
five " and insert " ten;" so as to make the clause read: 

For the salaries ot the five commissioners appointed under an act cniiile.l 
"An act to amend section 5352 of the Revised Statutes of the United State.^ 
in reference to bigamy, and for other purposes," approved March 22, 1882. ai 
J2,000 each, $10,000. 

The PRESIDENT- pro tempore. The question is on the amend- 
ment to the amendment. 

The amendment to the amendment was agreed to. 

The PRESIDENT pro tempore. The question now is on con- 
curring in the amendment iis amended. 

Mr. CAREY. I should like to offer another amendment if it 
is in order. 

The PRESIDENT pro tcmi)orc. The bill is in the Senate and 
an amendment is in order. 

Mr. CAREY. On page 67, line 8, after the word "commis- 
sioners," I move to insert the words, " who shall be actual resi- 
dents of the Territory of Utah." 

Several Senators. Oh, no. 

Mr. CULLOM. I hope that amendment will not be insisted 
upon for the little time the commissioners are there. 

Mr. CAREY. Then, make it that, when the terms of the 
present commissioners expire, residents of the Territory only 
shall ba appointed. I will move the amendment in the form 
which I send to the desk. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



5645 



Houses thereon, and had appointed Mr. Henderson of Noi'th 
Carolina, Mr. Blount, and Mr. Caldwell, managers at the 
conference on the part of the House. 

The message also announced that the House had disagreed to 
the amendments of the Senate to the bill (H. R. 6875) making ap- 
propriations for the payment of invalid and other pensions of the 
United States for the fiscal year ending .Tune 30, 18i)3, and for 
other purposes, asked a conference with the Senate on the dis- 
agreeing votes of the two Houses thereon, and had appointed 
Llr. MUTCHLER, Mr. O'Neil of Massachusetts, and Mr. GkOUT 
managers at the conference on the part of the House. 

The message further announced that the House had disagreed 
to the amendments of the Senate to the bill (H. R. !1040) making 
appropriations for the legislative, executive, and judicial ex- 
penses of the Government for the fiscal year ending .Tune 30, 1S;I3, 
and for other purposes, asked a conference with the Senate on 
the disagreeing votes of the two Houses thereon, and had ap- 
pointed Mr. Forney, Mr. Dockery, and Mr. Henderson of 
Iowa, managers at the confei-ence on the part of the House. 

REPORTS OF COMMITTEES. 

Mr. FRYE, from the Committee on Commerce, to whom was 
referred the bill (S. .30,JO) to amend an act entitled "An act to 
i-egulato the carriage of passengers by sea," approved August 2, 
18s2, reported it without amendment. 

He also, from tlie same committee, to whom was referred the 
bill (S. 2920) to establish a subport of entry, reported it with 
amendments. 

He also, from the same committee, to whom was referred the 
bill (S. 2966) to amend rule 7, section 423.3, Revised Statutes, re- 
ported it without amendment. 

Mr. FRYE. I am instructed by the Committee on Commerce, 
to whom was referred the bill (S. 31)17) to provide au'i equip a 
steam vessel for boarding purposes, at Philadelphia, Pa., to re- 
port it adversely, for the reason that the Treasury department 
is now building a vessel which will be assigned to the port of 
Philadelphia. I move that the bill be postponed indefinitely. 

The motion was agreed to. 

Mr. COCKRELL, from the Committee on Military Affairs, to 
whom was referred the bill iS. 17.')3) to remove chai-ges of deser- 
tion in certain cases, submitted an adverse report thereon: which 
was agreed to, and the bill was postponed indefinitely. 

Mr. STEWART, from the Committee on Claims, to whom was 
referred the bill (H. R. 349G) for the relief of A. S. Lee, reported 
it without amendment, and submitted a report thereon. 

Mr. BATE, from the Committee on Militai\v Aflairs, to whom 
wei-e referred the following bills, submitted adverse reports 
thereon: which were agreed to, and the bills were postponed in- 
definitely: 

A bill (S. 1779) for therelief of Robert S. Forbes: and 

A bill (S. 281.3) for the relief of Capt. D. F. Callinan, United 
States Army. 

Mr. DAVIS, from the Committee on Military Affairs, to whom 
were referred the following joint resolution and bills, submitted 
adverse reports thereon: which were agreed to, and the joint 
resolution and bills were postponed indefinitely: 

A joint resolution (S. R. oO) authorizing payment of pay and 
allowances to minors who were discharged from the Army of 
the United States after the close of the war of the rebellion by 
special order secured by action of friends and before the date of 
general order mustering out their commands: 

A bill (S. 3190) for the relief of John C. Peters, alias Peter L. 
Weber; 

A bill (S. 3008) for the relief of William Divine, teamster, au- 
thorizing president of Board of Managers National Home for 
Disabled Volunteer Soldiers to receive him at one of the branches 
of said National Home; 

A bill (S. 1978) to provide additional artillery for the National 
Guard: and 

A bill (S. 477) for the relief of Jane Boiler. 

Mr. DAVIS, from the Committee on Military Atfairs, to whom 
was referred the bill (S. 1240) granting to the ]Minncapolis. St. 
Paul and Sault Ste. Marie Railway Company right of way acro.-s 
the military reservation at Sault'Ste. Marie, reported it with- 
out amendment, and submitted a report thereon. 

Mr. PROCTOR, from the Committee on Military Affairs, to 
whom Were referred the follow-ing bills, submitted adverse re- 
ports thereon; which were agreed to, and the bills were post- 
poned indefinitely: 

A bill (S. 519) for the i-elief of Francis Irsch: 

A bill (S. 1803J for the relief of Francis Irsch: 

A bill (S. 2616) providing for the assignment to active service 
of army officers previously retired on account of disability in- 
curred in the line of duty upon their restoration to health, and 
for other purposes; and 

A bill (S. 3089) to regulate the examination of the records and 
papers concerning soldiers, sailors, and marines of the United 



States by claimants for pension, back pay, and bounty, and for 
other purposes. 

Mr. WALTHALL, from the Committee on Military AtTaius, - 

to whom was referred the bill (S. 1103) for the relief of Tholhua 'W!JH. 

J. Spencer, submitted an adverse report thereon; which was 
agreed to, and the bill was postponed indefinitely. 

Ho also, from the Committee on Public Lands, to whom was 
referred the bill (H. R. 6792) granting to the county of Mari- 
posa, in the State of California, the right of way for a free wagon 
road or turnpike across the Yosemite National Park, in said 
State, reported it without amendment, and submitted a I'cport 
thereon. 

Mr. CAMERON, from the Committee on Military Affairs, to 
whom was referred the bill (S. 1383) to remove the charge of de- 
sertion from the military record of George H. Holmes, submitted 
an a I verse report thereon; which was agreed to, and the bill 
was postponed indefinitely. 

Mr. HAWLEY, from the Committee on Military Affairs, to 
^vhim was referred the bill (S. 29s:!) to authorize the construc- 
tion of a rail way across the Government reservation at Willoughby 
Spit. Va., submitted an adverse report thereon; which was agreed 
to, and the bill was jiostponed indefinitely. 

Mr. PROCTOR. I am directed by theCommittee on Military 
Affairs, to whom was referred the bill (S. 2861), to authorize the 
Sj< retary of War to purchase for govermental and industrial 
use at I^OL-k Island Arsenal, Rock Island, 111., a testing machine 
for tension and compression, to submit an ad vers ; report thereon. 
The Senator fromIllii;ois[Mr. Cullom], who introduced the bill, 
dcsi-es that it be placed on the Calendar. 

Th:; PRESIDENT pm tempore. At the request of the Senator 
from Illinois the bill will bj placed on the Calendar with the ad- 
verso report of th i tornraittee. 

Mr. PETTIGREW, from the Committee on the Quadro Cen- 
tennial (Select), to whom wasrefe-red the bill (S. 32.51) to amend 
an i;ct entitled "An act to provide fo.' celebrating the four hun- 
drerth anniversary of tlie discovery of America by Christopher 
Col' mbus by holding an international exhibition of arts, indus- 
tries, manufacturer, and the products of the soil, mine, and sea, 
in the city of Chicago, in the Stats of Illinois,'' reported it with 
amendments. 

Mr. PETTIGREW. I am also instructed by the Select Com- 
mittaeon the Quadro-Centennial, to whom was referred an amend- 
ment proposed by the Senator from Illinois [Mr. Palmer] to the 
sundry civil appropriation bill, to report it favorably with amend- 
ments. I ask that it be referred to the Committee on Appropria- 
ticns and printed. 
The PRESIDENT pro timpore. It will be so ordered. 
Mr. VEST. As a member of that committee I desire to state 
that the minority of the committee disagree from this favorable 
report, and also from the action of the committee in offering an 
amendment to the sundry civil bill. I speak for myself and the 
Senator from Georgia [Mr. Colquitt]. 

Ml-. FRYE. from the Committee on Commerce, to whom was 
referred the bill (S. 2906) to amend section 4194 of the Revised 
Statutes of the United States, relating to certificates of title of 
vessels, reported adversely thereon; and tha bill was postponed 
ind finitely. 

Hj also, from the same committee, to whom the subject was 
i-eferred. i-eported a bill (S. 3358) providing for the collection of 
fees for furnishing certificates of title to vessels; which was 
read twice by its title. 

He also, from the same committee, to whom was referred the 
bill iS. 3188) to extend to Duluth. Minn., the privilege of imme- 
diate tra;.sportation of unappraised merchandise, reported it 
with amendments. 

j\lr. DIXON, from the Committee on Patents, to whom wasre- 
ferrod the bill (S. 3246) revising and amending the statutes re- 
lating to patents, reported it with amendments, and submitted a 
report thereon. 

ST. JOSEPH'S CHURCH, EAST B.\TON ROUGE, LA. 

:Mr. WALTHALL. I am directed by the Committee on Mili- 
tary Affairs, to whom was referred the bill (S. 3273) authorizing 
the St. Joseph's Church, in the parish of East Baton Rouge, in 
the Scate of Louisiana, to cse the land quitclaimed to it by the 
United States for school purposes, to report it fa\-orably without 
axendment. 

Mr. WHITE. I ask unanimous consent that the Senate con- 
sider the bill just rei:orted. 

P.y unanimous consent, the .Senate, as in Committee of the 
Whole, proceeded to consider the bill. It proposes to authorize 
the St. .Toseph's Church, in the parish of East Baton Rouge. La., 
to use the land quitclaimed to it by the terms of an act approved 
September .30, 1890, for religious, school, or charitable purpo-es, 
in addition to the right to use the same for cemetery purposes, 
as expressed in the terms of the act. 



5646 



COIv^GRESSIONAL RECORD— SENATE. 



June 30, 



The bill was reporlcd to the Senate without amendment, or- 
dered to a third I'cading-, read the third time, and passed. 
COURTS IN SOUTH DAKOTA. 

Mr MITCHELL. I am instructed by the Committee on the 
Judiciary, to whom was referred the bill(S.312G)to regulate the 
times for holding the terms of the United States courts in the 
State of South Dakota, to report it with an amendment, and 
recommend its passage. This is a local bill, and it is important 
that it should be passed at an early date. I ask unanimous con- 
sent that the Senate proceed to its consideration at this time. 

By unanimous cons.mt, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The amendment of the Committee en the Judiciary was to add 
the following additional section: 

Sec 2 The DroTision of statute now existing tor the hoiaingot said courts 
on any day coStravy to the provisions of this act is hereby repealed, and all 
suit prosecutions, process, recognizances, bail bonds, and other thmgs 
Mnding in or returnable ti said court ou the days now Used by law are 
hereby transferred to and shall be made returnable to and have force in the 
said respective terms In this act provided in the same manner and with the 
same effect as they would have had had said statute not been passed. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third reading, reaa 
the third time, and passed. 

WILLIAJI P. KEADY. 

Mr DOLPH. By direction of the Committee on Public Lands, 
I report favorably the bill (S. 3264) for the relief of William P. 
Keady , and during the day I shall present a written report, which 
I shall hand to the Secretary to hi printed. As this is purely a 
private bill on its face to perfect the title to a town in the State 
of Washington, a mere confirmation of an entry allowed by the 
register and receiver of the land office, and the bill will consume 
uo° longer time than will be necessary to read it, I ask for its 
present consideration. 

The PRESIDENT pro ffmporf . Is there objection to the pres- 
ent consideration of the bill? 

Mr. COCKRELL. Lot it be read for information. 

The Secretary read the bill; and, by unanimous consent, the 
Senate, as in Committee of the Whole, proceeded to its consid- 
eration. 

Mr. DOLPH. In four places in the bill the words Territory 
of Washington" appear. The word '•Territory'' should be 
stricken out in each case, as Washington is now a State. 

The PRESIDENT pro tempore. The amendments will be 
stated. 

The Secretary. Inline 9, after the word " Washington,'' it 
is proposed to strike out "Territory." 

The amendment was agreed to. 

The next amendment was in lino 13, after the word " Wash- 
ington," to strike out "Territory." 

The amendment was agreed to. 

The next amendment was in line 25, after the word "Wash- 
ington," to strike out "Territory." 

The amendment was agreed to. 

The next amendment was in line 20, after the woi-d " Wash- 
ington," to strike out "Territory.'' 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third- time, and passed. 

BILLS INTRODUCED. 

Mr. CULLOM introduced a bill (S. 3.35fi) for the relief of Ten- 
edore Ten Eyck, a retired army officer; which was read twice 
by its title, and referred to the Committee on MUitary Affairs. 

Mr. FAULKNER (by request) introduced a bill (S. 3357) for 
the relief of Emmart, Dunbar & Co.; which was read twice by 
its title, and, with the accompanying papers, referred to the 
Committee on Claims. 

M\: COCKRELL. I introduce 1)y request a bill, not knowing 
anything about the merits of it. 

The bill (S. 3359) for amendment of the military record of 
Thomas Kehoe as a member of Company A of the Sixty-first 
New York \'olunteers was read twice by its title, and referred 
to the Committee on Military Affairs. 

Mr. DOLPH introduced a bill (S. 3360) to amend section 6 of an 
act entitled "An act to prohibit the coming of Chinese persons 
into the United States," approved May 5, 1892; which was read 
twice by its title. 

Mr. DOLPH. It will be remembered that when the confer- 
ence report on the bill for the exclusion of Chinese laborers from 
the United States was imder discussion some one objected that 
the word "white" had been used in the clause of the bill requir- 
ing Chinamen after the expiration of a year to prove that they 
liad been lawfully in the country by one credible witness. At 



that time it was too late to correct the bill. Certainly there was 
no intention on my part, and I think I can speak for the other 
members of the committee, to discriminate against any person 
of color as a witness, the only object being to provide that there 
should be some witness besides Chinese laborers or Chinese per- 
sons. I therefore ask leave to introduce this bill to amend sec- 
tion G of the act mentioned by striking out the word "white" 
and inserting in lieu of it "a witness not a Chinese person or a 
person of Chinese descent; " so as to carry out what I suppose to 
have been the intention of the conference committee. 

ThePRESIDENTpj-oicmporc. Tliebill will be referred to the 
Committee on Foreign Relations in the absence of objection. 

Mr. QUAY introduced a bill (S. 3361) authorizing the Secre- 
tary of the Treasury to purchase certain books: which was read 
twice by its title, and, with the accompanying papers, referred 
to the Comrdittee on Appropriations. 

Mr. MITCHELL introduced a bill (S. 3362) for the relief of 
Alonzo E. Miltimore; which was read twice by its title, and re- 
ferred to the Committee on Military Affairs. 

Mr. COLQUITT (by request) introduced a bill (S. 3363) for the 
relief of the heirs of Jacob R. Davis; which was read twice by its 
title, and referred to the Committee on Claims. 

AMENDMENTS TO BILLS 

Mr. PADDOCK submitted an amendment intended to be pro- 
posed by him to the sundry civil appropriation bill; which was 
referred to the Committee on Public Buildings and Grounds. 

Mr. CALL submitted an amendment intended to be proposed 
by him to the general deficiency appropriation bill; which was 
referred to the Committee on Appropriations, and ordered to be 
printed. 

Mr. W^ARREN submitted an amendment intended to be pro- 
posed by him to the bill (S. 51) to provide for the free coinage of 
gold and silver bullion, and for other pm-poses; which was or- 
dered to be printed. 

PRINTING OF A MEMORIAL. 

Mr. ALLEN. Mr. President, on January 27, 1890, 1 presented 
a memorial of the State of Washington, upon which I find in- 
dorsed the usual order that it be printed in the Record. _ By 
some inadvertence this memorial never was printed. It is a 
memorial of the Legislature of the State of Washington, setting 
forth the advantages of shipping and general commerce in the 
construction of a fresh-water basin by connecting Lakes Union 
and Washington with Puget Sound. As use is desired to be made 
of this memorial, I ask at this time that it may be printed as a 
document, as by an oversight it was not printed in the Record. 

The PRESIDENT pj-o tempore. If there be no objection the 
memorial will be printed as a document. The Chair hears none, 
and it is so ordered. 

INCOME AND SUCCESSION TAX. 

Mr. CALL submitted the following resolution; which was or- 
dered to lie on the table and be printed: 

Eesoh'ed bi/llif Sen aft-. That in view of the great amount of money required 
to ho appropriated under existing law for the payment of pensions and the 
current expenditures of the Government and the unequal pressure of our 
present sys^tem of taxation on the great body of the jieople the public mter- 
ests requ'lre that an income and a succession tax shall be imposed on all net 
incomes and all successions and all inheritances which shall exceed Sa.OOO, 
which shall increase with the amount of the Income and the property inher- 
ited or distributed under wills, devises, or by operation of law. 

HEATON'S "RECALL OF COLUJIBUS." 

Mr. QUAY submitted the following resolution; which, with 
the accompanying papers, was referred to the Committee on the 
Library, and ordered to be printed: 

lieeolved otj the Senate and House of Bepresentatives in, Congress assembled. 
That the representatives from the United States to the Columbian Histori- 
cal Exposition at Madrid in 18!>:.; are hereby permitted to take from the Cap- 
itol, for use at said exposition, the pictm-e of the "Recall of Columbus," 
painted by Augustus G. Heatou. 

APPEALS IN CAPITAL CASES. 

Mr. MITCHELL. I move that the bill (S. 2171) to amend sec- 
tion 76B of the Revised Statutes of the United States, which 
passed the other House with certain amendments, be taken from 
the table and referred to the Committee on the Judiciary. 

The motion was agreed to. 

NAVAL APPROPRIATION BILL. 

Jslv. HALE submitted tlic following report: 

The committee of conference on the disagreeing vot«s of the two Houses 
on the amendments of the Senate to the bill (H. R. 7093) making appropri- 
ations for the naval service for the fiscal year ending Jime 30, 1893, and for 
other purposes, ha^-ing met. after lull and tree conference have been unable 

to agree. „ » „ 

EUGENT. HALE, 
W. B. ALLISON, 
A. P. GORMAN. 

3ranage7'S on thejiart of the Senate. 
H. A. HERBERT. 
■VriLLIAM ELLIOTT, 
H. C. LODGE, 

Managers on the vart of the House. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



5705 



record, when required by any rule of court, shall he let to the lowest and 
hest bidder under the supervision o( the appellate court." 

JOHN H. MITCHELL. 

O. H. PLATT. 

JAMES L PUGH, 
Managers on the part of the Senate. 

D. B. CULBERSON. 
WILLIAM C. DATES, 

E. B. TAYLOR. 
Manarjers on the pari o/the House. 

The report was concurred in. 

ENROLLED BILLS SIGNED. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the Speaker of tlie 
House had signed the following- enrolled bills; and they were 
thereupon sijrued by the Pi-esident pro tempore: 

A bill (H. R. 410) to amend the charter of the Eckington and 
Soldiers' Homo Railroad Company; 

A bill (H. R. 429) to incorporate the District of Columbia Su- 
Inu'ban Railway Company; and 

A bill (H. K. 5734) granting a pension to Eliza M. Boatright, 
the surviving widow of Alexander M. Boatright, who was a 
soldier in the Black Hawk war. 

PRESIDENTIAL APPROVAL. 
A message from the President of the United States, by Mr. O. 
L. Pruden, one of his seci'etaries, announced that the Pre;>ident 
had this day approved and signed the act (S. 240) for the relief 
of Thomas j\. McLaughlin. 

DAVID L. TRUEX. 

The bill (H. R. 2902) for the relief of David L. Truex was consid- 
ered as in Committee of the Whole. It proposes to pay to David 
L. Truex, dependent son of John Truex, late a private in Com- 
pany D, Eightj'-second Indiana Volunteers, the pension of $1S 
per month heretofore made payable to his guardian, sail pay- 
ments to include all sums accrued and accruing by reason of the 
act of August 19, 1890, for his relief. 

The bill was reported to the Senate without amendment, or- 
dered a third reading, read the third time, and passed. 

NANCY E. RENFRO. 

The bill (H. R. 3202) to pension Nancy E. Renfro was consid- 
ered as in Committee of the Whole. It proposes to place on the 
pension roll the name of Nancy E. Renfro, of Camden, Ouachita 
County, Ark., the widow of William P. Renfro, deceased, who 
served in Captain Otey's company, from the State of Alabama, 
Creek Indian war, 1838, and to pay her the same pension as is 
allowed bj' law to the widows of the soldiers of the war of 1812. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read a third time, and passed. 

MARY GATLIN. 

The bill (H. R. 5364) granting a pension to Mary Gatlin was 
considered as in Committee of the Whole. It proposes to place 
on the pension roll the name of Mary Gatlin, widow of John H. 
Gatlin, a soldier of the war of 1836, and to pay her a pension at 
the rate of $20 per month. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

WILLIAM A. BIRCH. 

The bill (H. R. 4013) granting an increase of pension to Will- 
iam a Birch was considered as in Committee of the Whole. It 
propo.?es to pay to William A. Birch, of Louisville. Ky., a 
monthly pension of $20, in lieu of the amount paid him as a sur- 
vivor of the Mexican war under pension certificate No. 18089. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

DAVID C. BARROW. 

The bill (H. R. 5363) granting a pension to David C. Barrow 
was considered as in Committee of the Whole. It proposes to 
place on the pension roll the name of David C. Barrow, a soldier 
of the Indian war of 1836, and to pay him a pension of $20 per 
month. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and jjassed. 

FORDYCE R. MELVIN. 

The bill (S. 1660) granting an increase of pension to Fordyco 
R. Melvin was considered as in Committee of the Whole. 

The bill was reported from the Committee on Pensions with 
an amendment, in line 8, after the word "rate," to strike out "of 
$50 per month in lieu of the pension he is now receiving," and to 
insert '■ fixed by law for the loss of an arm above the elbow; " so 
as to make the bill read: 

He it enacted, etc., That the Secretary of the Interior be, and he is hereby, 
a-athorized and directed toplace on thepeiLsionroU, subject to the provisions 



and limitations of the pension laws, the name of Fordyce R. Melvin, lat« a 
corporal in Company K, Twenty -fourth Regiment New York Volunteers, and 
pay him a pension at the rate fixed by law for the loss of an arm above the 
elbow. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred it. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

KATE P. MITCHELL. 

The bill (H. R. 1445) for the relief of Kate P. Mitchell, daugh- 
ter of Stephen Mitchell, late or the Fifth Maine Battery, was 
considered as in Committee of the Whole. It proposes to pay to 
Kate P. Mitchell, of Somerville, Mass., dependent daughter of 
Stephen Mitchell, late of the Fifth Maine Battery, a pensiun of 
$15 per mouth. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

ADELINE ALEXANDER. 

The bill (H. R. 1276) to pension Adeline Alexander was con- 
sidered as in Committee of the Whole. It pr.)])oses to place 
on the pension roll the name of Adeline AlexancUr. widow of 
Thomas C. Alexander, late a private in Comimny I, Thirti^^enth 
Regiment Vermont Volunteeis. 

The bill was reported to the Senate without amendment, or- 
dered tj a third reading, read the third time, and passed. 

BRIDGET MALOY. 

The bill (H. R. 24o6) granting a pension to Bridget Maloy was 
considered as in Committee of the Whole. It jiroposes toplace 
on the pension roll the name of Bridget Maloy, widow of Arthur 
Maloy, late of Comjiany E, Forty-third Regiment New York In- 
L;nti'y. and to pay her a pension of $12 a month. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

LUCY HASKELL. 

The bill (H. R. 5602) granting a pension to Lucy Haskell, 
mother, by adoption, of John Haskell, was considered as in Com- 
mittee of the Whole. It proposes to place on the pension I'oll 
the nam 3 of Lucy Haskell, mother, by adoption, of John Haskell, 
late of Company G, One hundred and sixth regiment New York 
Volunteers, to date from the approval of this act, at $12 per month. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

NOAH STALBY. 

The bill (H. R. 2496) granting a pension to Noah Staley was 
considei-ed as in Committee of the AVhole. It proposes to place 
on the pension rolls the name of Noah Staley, who was a soldier 
in the Black Hawk war, and to pay him a pension of $12 per 
month. 

The bill was reported to the Senate without amendment, or- 
deied to a third reading, read the third time, and passed. 

MRS. HELEN A. DE RUSSY. 

The bill (S. 533) granting an incr ase of pension to Mrs. Helen 
A. Dj Russy, widow of tlie late Gen. Rene E. De Russy, was 
considered as in Committee of the Whole. It proposes to place 
the name of Mrs. Helen A. De Russy, widow of the late Gen. 
Rene E. De Russy, on the pension rolls at $50 per montli in lieu 
of the pension of $30 per month which she is now receiving. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

AARON V. HAMILTON. 

The bill (H. R. 5383) to increase the pension of Aaron V. Ham- 
ilton, late a member of Fremont's Battalion, Me.xican war, was 
considered as in Committee of the Whole. 

The bill was reported from the Committee on Pensions with 
an amendment, in line 6, before the word '' dollars," to strikeout 
''twenty" and insert " twelve;'" so as to make the bill read: 

Be it enacted, etc.. That the pension of A.aron V. Hamilton, of Lincoln 
Coimty. Mo., late a member of Gibson's Company. Fremont's Battalion, in 
the war with Mexico, be Increased from the sum of $8 per month to the sum 
of f 13 per month. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The amendment was ordered to bo engrossed and the bill to 
be read a third time. 

The bill was read the third time, and passed. 

ANDREW J. JONES. 

The bill (H. R. 3123) to pension Andrew J. Jones for services 
in the Indian wars was considered as in Committee of the AVhole. 



5T06 



CONGRESSIONAL EEOOED— SENATE. 



July 1, 



It proposes to place on the pension rolls the name of Andrew 
J Jones of Capt. James Barnes's Spy Company, Second Regi- 
ment of breo-on Mounted Volunteers, for meritorious services, 
and for severe wounds received in March, 1856, while engaged 
in battle with the hostile Rogue River and Cow Creek Indians 
in Cow Creek Valley ,;in the then territory, now State of Oregon. 
Tiio bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

JAMES A. DAVIS. 

The bill (H. K. 4i88) granting a pension to James A. Davis was 
considered as in Committee of the Whole. 

Tlie bill was reported from the Committee on Pensions with 
an amendment, in lino 12, before the word " dollars," to strike 
out " twenty " and insert " twelve; " so as to make the bill read: 

JSt- it enttcled, etc., That the Secretary of the Interior be, and he is hereby, 
airectecl to place upon the pen.sion roll, subject to the provisions and lim- 
itations of the pension laws, the name of James A. Davis, a soldier in the 
Black Havi-k war, who enlisted July 31. 1832, for one year, and served to De- 
cember 21. I8."\;, when ho was discharged on surgeon's certiflcateof disability 
in Capt. Jesse B. Brown's company. United States Mounted Rangers, and 
pay him a pension of ifr; per month. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The amendment was ordered to be engrossed, and the bill to 
be read a third time. 

The bill was read the third time, and passed. 

ANNIE M. GREENE. 

The bill (S. 1770) granting a pension to Annie M. Greene, was 
considered as in Committee of the Whole. 

The bill was reported from the Committee on Pensions with 
an amendment, in line 8, before the word ''dollars," to strike 
out ''eighteen"' and insert " fifteen;" so as to make the bill read: 

Jl'- if enacted, etc., That the Secretary of the Interior be, and he is hereby, 
authorized and directed to place on the pension roll the name of Annie M. 
Greene, dependent and invalid daughter of Jeremiah Greene, late a private 
in Company A, First Regiment New Hampshire Artillery Volunteers, at the 
rate of *1d per mouth. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the thii-d time, and passed. 

ED'WARD DORSEY. 

The bill (S. 2979) for the i-elief of Edward Dorsey, late Com- 
pany C, First United States Colored Troops, was considered as 
in Committee of the Whole. It proposes to place upon the rolls 
of the Pension Bureau the name of Edward Dorsey, at the rate 
of $45 per month. 

Mr. GALLINGER. I move to insert "' late Company C, First 
United States Colored Troops" after the name ''Dorsey," in 
line 4. 

Tlie amendment was agreed to. 

Mr. COCKRELL. I ask that the report be read. 

The PRESIDING OFFICER. The Secretary will read the 
rejiort. 

The Secretary read the following report (submitted by Mr. 
Davis May 25, 1892): 

The Committee on Pensions, having considered the bill (S. 2979) for the re- 
lief of Edward Dorsey, late Company C, First United States Colored Troops, 
beg leave to report: 

The beneficiary under the bill is now a pensioner at $36 per month, for the 
resection of the left arm at the shoulder joint, and for varicocele and fistula 
in auo. The condition of this pensioner, as shown before the committee, is 
such that the elbow and forearm is attached to the shoulder simply by the 
muscles and integuments the bones having been entirely removed, and it 
remains only as an incumbrance without power or use, and is a source of 
constant pain, reaching to the left shoulder, neck, and right arm, and render- 
ing the latter member so inefective as to be practically tiseloss for work. If 
his arm were amputated at the shoulder joint he would be entitled to a pen- 
.sion of S45 per month: but under the law as construed by the Pension 
Bureau, he is awarded only S36. This construction is not criticised by the 
committee, as it may be technically correct; but they consider that as this 
arm by resectionis rendered worse than useles. and a painful incumbrance, 
the spirit and justice of the law is vindicated in his behalf by the award of 
$4.T hereby recommended, the sum to which hewould have been unquestiona- 
bly entitled if full amputation had been originally performed. 

The committee report favorably upon the bill and recommend its passage. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to bo engrossed for a third reading, read 
the third time, and passed. 

^ MRS. JULIA C. SHARPE. 



The bill (S. ylCO) providing a pension for Mrs. Julia C. Sharpe 
was considered as in Committee of the Whole. It proposes to 
place on the pension roll, at the rate of $50 per month, the name 
of Julia C. Sharpe, widow of the late Gen. Jacob Sharpe. 

The bill was reported to the Senate without amendment, or- 
dered to be engro.ssed for a third I'eading, read the third time, 
and pas.sed. 



MARY ISABELLA HUTCHISON. 

The bill (H. R. 5.377) granting a pension to Mary Isabella Hutch- 
ison was announced as next in order. 

Mr. COCKRELL. T object to the consideration of that bill for 
the present. 

The PRESIDING OFFICER. Shall the bill retain its place 
on the Calendar? 

Mr. COCKRELL. For the present it may retain its place. 

The PRESIDING OFFICER. Objection being made, the bill 
will be passed over, retaining its place on the Calendar. 

MERIDY SMITH. 

The bill (H. R. 5722) increasing the pension of Meridy Smith, 
a Revolutionary pensioner, was considered as in Committee of 
the Whole. It proi^oses to increase the pension of ]\Ieridy Smith, 
widow of William Smith, a soldier in the Revolutionary war, 
from $12 per month to $110 per month. 

Mr. COCKRELL. Let the report be read in that cas?. I 
thought we had gotten through with Revolutionary pensioner.s. 

The PRESIDING OFFICER. The report will be read. 

The Secretary read the following report, submitted by Mr. 
Paddock June 8, 1892: 

The Committee on Pensions having had under consideration the bill (H. 
R. 5722) increasing the pension of Meridy Smith, adopt and submit as their 
own the report of the House Committee on Pensions on the same, present- 
ing the statement of facts and conclusions therein, and recommend the pas- 
sage of the bill. 

HOUSE HEPORT. 

The Committee on Pensions, to whom was referred the bill (H. R. 5722) in- 
creasing the pension of Meridy Smith, have considered the same and re- 
spectfully report as follows: 

A similar bill was before your committee at the second session of the Fifty- 
first Congress, and the favorable report therein, numbered H. R. 3689, is 
adopted by your committee as their report, and the bill is returned, recom- 
mending its passage. 

[House Report No. 3S39. Fifty-first Congress, second session.] 

The Committee on Pensions, to v/honi was referred the bill (H. R. 13061) in- 
creasing the pension of Mrs. Meridy Smith, have considered the same and 
report: 

Meridy Smith is the widow of William Smith, who served as a soldier in 
the Revolutionary war. She is now receiving a pension at $12 per month 
imder the general law pensioning widows of the soldiers of the Revolution 

Acconiiianying the bill is the testimony ol WiUiam Wise and C. H. Stamjis, 
citizens of Ne\\inan. Ga., setting forth that Mrs. Smith's pension of JI44 per 
year is insufficient to afford her^a comfortable support, and that she has no 
property whatever aside from a few poor articles of household furniture and 
wearing apparel; also that she is now about 85 years old and reciulres the 
constant attention of another person. 

The passage of the biU is recommended. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

GEN. WILLIAM H. MORRIS. 

Mr. CAREY. I ask the Senator from New Hampshire to give 
way one minute, that I may call up a bill on the Calendar. It 
will take no time. 

Mr. GALLINGER. I will yield to the Senator provided the 
bill does not provoke discussion. 

Mr. CAREY. It will cause no debate whatever. I ask the 
Senate to proceed to the consideration 

The PRESIDING OFFICER. The Chair understands that 
the Senate is proceeding with pension bills by unanimous con- 
sent, and it will require unanimous consent to take up any bill 
other than pension bills. 

Mr. CAREY. I ask unanimous consent. 

Mr. COCKRELL. We have commenced on pension bills, and 
let us go on with them until we get through. We do not want 
to make two bites of one cherrv. 

The PRESIDING OFFICER. The next pension bill on the 
Calendar will be annotmced. 

The bill (S. 849) granting a pension to Gen. William H. Mor- 
ris was considered as in Committee of the Whole. 

The bill was reported from the Committee on Pensions with 
an amendment, in line 7, before the word "dollars," to strike 
out "one hundred "and insert "fifty;" so as to make the bill 
read: 

Be it enacted, etc.. That the Secretary of the Interior be, and he is hereby, 
authorized and directed to place on the pension roll, subject to the provi- 
sions and limitations ct the pension laws, the name of William H. Morris, 
late a brevet major-general of volunteers in the Army of the United States, 
at the rate of 550 per month, in lieu of the pension which he is now receirtng. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed tor a third reading, read 
the third time, and passed. 

BETSEY M'GEORGE. 

The bill (S. 3166) for the relief of Betsey McGeorge was con- 
sidered as in Committee of the Whole. 



1892. 



CONGEESSIONAL RECORD— HOUSE. 



5737 



Brosuis, 


Durborow, 


Lind, 


Seerley, 


Brown, 


Edmunds, 


Lodge, 


Shively, 


Brunner, 


Ellis, 


Loud. 


Simpson, 


Bryan, 


English, 


Mallory, 


Smith, 


Buchanan, N. J. 


Entjchs, 


Mansm-, 


Snow, 


Bunting, 


Fellows, 


McAleer, 


Steward, 111. 


Burrows, 


Forman, 


McCreary, 


Stewart, Tex. 


Bushnell, 


Fuuston, 


McDonald, 


Stone, C. W. 


Butler, 


Gantz, 


McGann, 


Stone, W. A. 


Bynum, 


Geisseuhainer, 


McKaig, 


Stout, 


Cable, 


Gillespie, 


McKinney, 


Stump, 


Catlinus, 


Goodnight, 


McRae, 


Sweet, 


Caldwell, 


Greeuleaf, 


Meredith, 


Tarsney. 


Caminetti, 


Hall, 


Meyer, 


Taylor, Tenn. 


Campbell, 


Hallowell, 


O'Donnell, 


Taylor, V. A. 


Capehart, 


Halvorson, 


O'Ferrall, 


Terry, 


Castlo, 


Harmer, 


O'Neil, Mass. 


Townsend, 


Catchlngs, 


Harries, 


O'NeUl, Mo. 


Tracey, 


Cato. 


Hatch, 


Otis, 


Tucker, 


ChlpSan, 


Haugen, 


Outhwaite, 


Turpln, 


Clark, Wyo. 


Hayes, Iowa 


Page, K. I. 


Van Horn. 


Cobb, Mo. 


Heard, 


Page, Md. 


Wadsworth, 


Coburn, 


Henderson, Iowa 


Parrett, 


Warner, 


Compton, 


Henderson, N. C. 


Paynter, 


Watson, 


Cox, N. Y. 


Hermann, 


Pearson, 


Waugh, 


Crosby, 


Holman, 


Pendleton, 


Wever, 


Cummlngs, 


Hopkins, 111. 


Perkins, 


Wheeler, Ala. 


Cutting, 


Honk, Ohio 


Pickler, 


Wheeler, Mich. 


Dalzell, 


Huff, 


Pierce, 


White, 


Daniell, 


Johnson, Ind. 


Post, 


Whiting, 


Davis, 


Johnson, Ohio 


Raines, 


Williams, 111. 


De Armond, 


Jolley, 


Ray, 


Wilson, Mo. 


De Forest, 


Jones, 


Reilly, 


Wilson, W. Va. 


Dixon, 


Kem, 


Rockwell, 


Wise. 


Dean, 


Ketcham, 


Rusk, 


Wright, 


Dockery, 


Kribbs, 


Sayers, 


Youmans. 


Dungan, 


Lapham, 


Scott, 




Dunphy, 


Layton, 


Scull, 






NAYS-31. 




Abbott, 


Culberson, 


Kilgore, 


Mutchler, 


Branch, 


Dickerson, 


Kyle, 


Owens, 


Hrt'ckinridge, Ark 


. Elliott, 


Lanhara, 


Shell, 


Burlianan, Va. 


Epes, 


Lawson, Va. 


Tillman, 


liuUuok, 


Everett, 


Lawson, Ga. 


Turner, 


Clarke, Ala. 


Forney, 


Long, 


Williams, Mass 


Cobb, Ala. 


Grady, 


Miller, 


Winn. 


Cox. Tenn. 


Harter, 


Moses, 






NOT VOTING-131. 




Alclcrson, 


Cowles. 


Kendall, 


Rayner, 


Allen, 


CYaig, Pa. 


Lagan, 


Keod, 


Amennan, 


Crain, Tex. 


Lane, 


Reyburn, 


Andrew, 


Crawford, 


Lester, Va. 


Richardson, 


Atkinson, 


Curtis, 


Lester, Ga. 


Rite. 


Bacon, 


Diugley, 


Lewis, 


Robertson, La. 


Hailey, 


Dolliver, 


Little, 


Robinson, Pa. 


Bankhead, 


Donovan, 


Livingston, 


Russell. 


Hartine, 


Enloe, 


Lockwood, 


Sanford, 


Bai-wlg, 


Fitch, 


Lynch, 


Shonk. 


Beenian, 


Fithian, 


Magner, 


Snodgrass, 


Beldeu, 


Flick, 


Martin. 


Sperry. 


Bingham, 


Fowler, 


McClcllan, 


Springer, 


Bland, 


Fyau, 


McKeighan, 


Stahlnecker, 


Bloimt, 


Geary, 


McMillin, 


Stephenson,- 


Boutelle, 


Gorman. 


Milliken, 


Stevens. 


Breckinridge, Ky. 


Griswold, 


Mitchell, 


Stockdale, 


Brickner, 


Grout, 


Montgomery, 


Stone, Ky. 


Bunn, 


Hamilton, 


Moore, 


Storer, 


Busey, 


Hare, 


Morse, 


Taylor, 111. . 


BjTns, 


Hayues. Ohio 


Newberry, 


Taylor, E. B. 


Caruth, 


Hemphill, 


Norton, 


Taylor, J. D. 


C;«isey, 


Henderson, 111. 


Gates. 


Walker, 


Cheatham, 


Herbert, 


O'Neill, Pa. 


Warwick, 


Chapin, 


Hitt. 


Patterson, Tenn. 


Washington, 


Clancy, 


Hoar, 


Pattlson, Ohio 


Weadock, 


Clover, 


Hooker, Miss. 


Patton, 


Wike, 


Cockrau, 


Hooker, N. Y. 


Payne, 


Willcox, 


Cogswell, 


Hopkins, Pa. 


Peel, 


Wimams,N.C. 


Coolidge, 


Honk, Tenn. 


Powers, 


WiLson, Kv. 


Coombs, 


Hull, 


Price, 


Wilson, Wash. 


Cooper, 


Johnson, N. Dak. 


Quackeubush, 


Wolverton. 


Covert, 


Johnstone, S. C. 


Randall, 





So the bill was passed. 

The result of the vote was then announced as above I'ecordcd. 

Mr. TARSNEY. Alf. Speaker, I move to reconsider the vot 3 
by which the bill was passed, and I move to lay that motion on 
the table. 

The SPEAKER pro tempore. In the absence of objection that 
order will be made. 

Mr. KILGORE. I object. 

The SPEAKER pro tempore. The Chair hears no objection . 

Mr. McRAE. I desire to report back from the Committee on 
Public Lands the bill {S. 782) and ask that it be referred to the 
Committee on Indian Affairs. 

Mr. KILGORE. I have objected to the unanimous consent 
asked that the motion to reconsider be laid on the table. 

The SPEAKER pro tempore. The Chair did not hear the gen- 
tleman's objection. 

Mr. IvILGORE. But I objected. 

Several MEMBERS. Too late. 

The SPEAKER pro tempore. At what time did the gentle- 
man object? 

Mr. KILGORE. I did it before the Chair made any announce- 
ment on the siibject. 

The SPEAKER pro tempore. The Chair will take the word of 
the gentleman. The Chair did not hear the objection of the 



gentleman. The question is on the motion to lay on the table 
the motion to reconsider the vote by which the bill was passed. 

The question b^ing taken, the Speaker pro tempore announced 
that the ayes seemed to have it. 

On a division (demanded by Mr. Kilgore), there wore— ayes 
ll.'i. noes 1. 

Ur. KILGORE. No quorum, Mr. Speaker. 

Mr. HEARD. I demand the yeas and nays. 

Mr. KILGORE. I am willing to withdraw the point of no 
quorum to let in conference reports, but for no other purpose. 

Mr. BUCHANAN of New Jersey. Then the gentleman might 
as well not withdraw the point at all. 

Mr. TARSNEY. I deny the right of any member to dictate 
the order of business in this House, and I demand the yeas and 
nays. 

Mr. BUCHANAN of New Jerssy. No one man can run this 
House. 

The yeas and nays were ordei-ed. 

The question was taken; and there were — yeas 103, nays 15, 
not voting llJO; as follows: 

YEAS— iia. 
Huff, 



Alexander, 

Arnold, 

Babbitt, 

Baker. 

Bankhead, 

Bclkuap, 

Bentley, 

Bergen. 

Bowman, 

Brauch. 

Brawley, 

Brctz, 

Brodericlt, 

Brookshire, 

Brosius, 

Brown, 

Brunner, 

Bryan. 

Buchanan, N. J 

Bullock, 

Bimtiug, 

Biu-rows, 

Busey, 

Bushnell, 

Butler, 

Bynum, 

Cable, 

Cadmus, 

Caminetti, 

Campbell, 

Capehart, 

Castle, 

Catchlngs, 

Cate, 

Chipm.au. 

Clark, Wyo. 

Clarke. Ala. 

Cobb, Ala. 

Coburn, 

Compton, 

Cox, N. Y. 



Bailey, 



Crawford, 

Crosby, 

Culberson, 

Cummlngs, 

Cutting, 

Davis. 

De Armond, 

De Forest, 

Dixon, 

Doan, 

Dockery, 

Dungan, 

Dunphy, 

Diu'borow, 

Edmunds, 

Ellis, 

English, 

I'luoehs, 

Everett, 

Fellows, 

Forman, 

Forney, 

Gantz, 

Geissenhainer, 

Gillespie, 

Goodnight, 

Grady, 

Hall. 

Halvorson, 

Hamilton, 

Harmer, 

Harries, 

Hatch, 

Hayes, Iowa 

Heard. 

Henderson, Iowa 

Henderson, N. C. 

Holman, 

Hopkins, 111. 

Houk, Ohio 

Houk, Tenn. 



Elliott, 



Breckinridge, Ark Kilgore, 

Buchanan, Va. Kyle. 

Cox. Tenn. Lawson, Ga. 



Johnson, Ohio 
Jolley, 
Jones, 
Kem, 
Ketcham, 
Kribbs. 
Lanhara, 
Lapliam, 
Layton, 
Long, 
Lynch, 
Mallory, 
Ma-nsnr, 
M.-..\ieer, 
McCreary, 
MiDcmald, 
Mc< :.inu, 
M-Kaig, 
McKiimey, 
-MiKae, 
Meredith, 
Meyer, 

Moutgo7nei*y, 
O'l'-errall, 
O'Neil, Ma.ss. 
O'Neill, Mo. 
Otis, 

jOuthwaite, 
Page. R. I. 
Page. Md. 
Parrett, 

Patterson, Tenn. 
Pa.vnier, 
Pearson, 
Pendleton, 
Perkins, 
Pickler, 
Pierce, 
Raines, 
Ray, 
NAYS— 15. 
Moses. 
Mutchler, 
Gates, 
Shell. 



Abbott, 

Alderson, 

Allen, 

Amerman, 

Andrew. 

Atkinson, 

Bacon, 

Bartine, 

Barwig, 

Beemau, 

Belden. 

BeUzhi'Over, 

Bingham, 

Blauchard, 

Bland, 

Bloimt, 

Boatner, 

Boutelle, 

Bowers , 

Breckinridge, Ky. 

Brickner, 

Bunn, 

Byrns, 

Caldwell, 

Caruth, 

Causey, 

Cheatham, 

Chapin, 

Clancy. 

Clover, 

Cobb, Mo. 

Cockran, 

Cogswell, 

Coolidge, 

Coombs, 

Cooper, 

Covert, 

Cowles, 



NOT 

Craig, Pa. 

Crain, Tex. 

Curtis. 

Dalzell, 

Daniell, 

Dickerson, 

Dingley, 

Dolliver, 

Donovan, 

Enloe, 

Epes, 

Fitch, 

Fithian, 

Flick, 

Fowler, 

Fuuston, 

Fyan, 

Geary, 

Gorman, 

Greeuleaf, 

Griswold, 

Grout, 

Hallowell, 

Hare. 

Harter. 

Haugen. 

Haynes, Ohio 

Hemphill, 

Henderson, 111. 

Herbert. 

Hermann, 

Hitt, 

Hoar, 

Hooker, Miss. 

Hooker, N. Y. 

Hopkins, Pa. 

Hull, 

Johnson, Ind. 



VOTING— 150. 

Johnson, N. Dak. 

Johnstone, S. C. 

Kendall, 

Lagan, 

Lane, 

Lawson, Va. 

Lester, Va. 

Lester, Ga. 

Lewis, 

Lind. 

Little, 

Livingston, 

Lockwood, 

Lodge, 

Loud, 

Maguei", 

Martin, 

McClellan. 

McKeighan, 

McMillin, 

Miller. 

Milliken, 

Mitchell, 

Moore, 

Morse, 

Newberry, 

Norton, 

O'Donnell, 

O'Neill, Pa. 

Owens, 

Pattlson, Ohio 

Patton, 

Payne, 

Peel, 

Post, 

Po%ver3, 

Price, 

Quackenbush. 



Reilly, 

Rockwell, 

.Sayers, 

Scott, 

Scull, 

Seerley, 

Shively, 

Simpson, 

Smith, 

Snow, 

Steward, 111. 

Stewart. Tex. 

Sloue, C. W. 

Stone, W. A. 

Sweet, 

Tarsney. 

Taylor, Tenn. 

Taylor, J. D. 

Taylor, V. A. 

Terry, 

Townsend, 

Tracey, 

Tucker, 

Turpln, 

Van H(U*n, 

Wadsworth, 

Warner, 

Watson, 

Wevor. 

Wheeler. Mich. 

White, 

Whiting, 

Willcox, 

Williams, 111. 

Wilson. Wash. 

Wilson, Mo. 

Wilson, W. Va. 

Wise, 

Wright, 

Youmans. 



Tillman, 

Turner, 

Winn. 



Randall, 

Rayner, 

Reed, 

Reybum. 

Richardson, 

Rife, 

Robertson. La. 

Robinson, Pa. 

Rusk, 

Ki/sell, 

F/ntord, 

Shonk. 

Snodgrass, 

Sperry, 

Springer, 

Stahlnecker, 

Stephenson, 

Stevens, 

Stockdale, 

Stone, Ky. 

Storer, 

Stout. 

Stump. 

Taylor, 111. 

Tavlor. E. B. 

Walker. 

Warwick, 

Washington, 

Waugh. 

We.adock, 

Wheeler, Ala. 

Wike. 

Williams, N. C. 

■Williams. Mass. 

Wilson. Ky. 

Wolverton. 



5738 



CONGRESSIONAL RECORD— HOUSE. 



July 1, 



So the motion to reconsider was laid on the table. 

n-irino- the roll call (at 5 o'clock p. m.) r „, i^,. 

Mr KILGORE said: Mr. Speaker, I make the point of order 
that the irou^has arrived when, under the rules, the House must 
take a recess until 8 o'clock p. m. . , „-,.\ 

The SPEAKER pro ianporc (Mr. Q-PERRALL in the chair). 
The present occupant of the chair understands that it has been 
uniformlv held that a roll call can not be interrupted. 

Mr. KILGORE. But the rule is imperative. ... 

Mr. BUCHANAN of New Jersey. The ruling is just as im- 

^'^The^SPEAKER pro tempore. The Chair overrules the point 

"^Tho^Clerk t'aen resumed and completed the calling of the roll. 

The following additional pair was announced : 

For the rest of this day: , ,, ^ 

Mr Wheeler of Alabama with Mr. Griswold. 

Mr GANTZ. Mr. Speaker, my colleague [Mr. HareJ is ao- 
sent on account of the sickness of his child. „„„,./iori 

The result of the vote was then announced as above recorded. 

MESSAGE PROM THE PRESIDENT. 
A message from the President, by Mr. Pruden, one of his 
secretariesT informed the House that the President had ap- 
proved and signed bills and joint resolutions of the following 
titles: 
On .Tune 14, 1892: , ,, . , . 

Joint resolution iH. Res. 121) relating to the Memorial Asso- 
ciation of the District of Columbia; and _ , J c ■ 

An act (H. R. 9118) making appropriations to supply defacien- 
cies in the appropriations for the payment of pensions for the 
fiscal year 1892, and for other purposes. 
' On June 15, 1892: , . , -, ^ , , 

An act (H. R. 8420) granting the use of certain lands to the 
citv of New Bedford, Mass., for a public park; and 
-i.'.L iw.. An -ac t (H. R. 8295) to authorize the Glen Echo Railroad Com- 
•****" panv TO cross the Washington Aqueduct. 

On June n, 1892: ,,..,. . , r 

An act (H. R. 38) to provide for the disposition and sale of 
lands known as the Klamath River Indian Reservation; 
An act (H.R. 5640) to increase the pension of Cassie A. Davis; 

An act (H. R. 3838) to pension Elizabeth R. Crawford, widow 
of C. A. Crawford, soldier in Creek war of 1830. 

On June 24, 1892: ^ ^ ,. , ^, ., , 

An act (H. R. 754) directing the issue of duplicate United 
States bonds to Elijah P. T. HoUcroft, guardian of Burton J. 
Parr. 

On June 25, 1892: 

An act (H. R. 7123) granting an increase of pension to David 
Reed. 

On June 30, 1892: 

An act (H. R. 8861) for the relief of the Kentucky and Indiana 
Bridge Company. 

On June .30, 1892: 

Joint resolution (H. Res. 145) to provide temporarily for the 
expenditures of the Government. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. Platt, one of its clerks, 
announced that the Senate had passed without amendment bills 
of the following titles: 

A bill {H. R. 5722) increasing the pension of Meridy Smith, of 
Revolutionary pensioners; 

A bill (H. R. 5602) granting a pension to Lucy Haskell, mother, 
by adoption, of John Haskell; 

A bill (H. R. 5364) granting a pension to Mary Gatlin; 

A bill (H. R. 53G3) granting a pension to David C. Barrow; 

A bill (H.R. 4043) granting an increase of pension to William 
A. Birch; 

A bill (H. R. 3202) to pension Nancy E. Renfro; 

A bill (H. R. 3123) to pension Andrew J. Jones, for services in 
the Indian wars; 

A bill (H. R. 2902) for the relief of David L. Truex; 

A bill (H. R. 2496) granting a pension to Noah Staley; 

A bill (H. R. 2436) granting a pension to Bridget Maloy; 

A bill (H. R. 173S) to pension Mrs. Adelia S. Ferris; 

A bill (H. R. 1445) for the relief of Kate P. Mitchell, daughter 
of Stephen Mitchell, late of the Fifth Maine Battery; 

A bill (H. R. 1276) to pension Adeline Alexander; 

A bill (H. R. 5383) to increase the pension of Aaron V. Hamil- 
ton, late a member of Fremont's Battalion, Mexican war; and 

A bill (H. R. 4488) granting a pension to James A. Davis. 

It also announced that the Senate had passed bills of the fol- 
lowing titles; in which concurrence of the House was requested: 

A bill (S. 290) granting an inci-ease of pension to John S. Paul; 



A bill (S. 533) granting an increase of pension to Mrs. Helen 
A. De Russy, widow of the late Gen. Rene E. Do Russy: 

A bill (S. 849) granting a pension to Gen. William H. Morris; 

A bill (S. 1660) granting an increase of pension to Fordyco R. 
Melvin; 

A bill (S. 1770) granting a pension to Anna M. Greene; 

A bill (S. 1780) granting a pension to Mrs. Jennie Gray; 

A bill (S. 2840) granting a pension to Greenville R. Turner: 

A bill (S. 2979) for the relief of Edward Dorssy, late of Com- 
pany C, First United States Colored Troops; 

A bill (S. 3052) granting a pension to Nettie N. Seaver; 

A bill (S. 3060) granting a pension to Isabel W. Newkirk; 

A bill (S. 3061) to pension Edith S. Read; 

A bill (S. 3160) providing a pension for Mrs. Julia C. Sharpe; 

A bill (S. 3166) for the reliefof Betsey McGeorge; 

A bill (S. 3267) granting a pension to Margaret A. Flinn: 

A bUl (S. 2206) for the relief of Louis A. Yorke; 

A bill (S. 2965) for the relief of Capt. George H. Perkins; and 

A bill (S. 1010) granting an increase of pension to Andrew 
Franklin, alias Andrew McKee. 

It also announced that the Senate had agreed to the report of 
the committee of conference on the disagreeing votes of the two 
Houses on the amendments of the House of Representatives to 
the bill (S. 2729) to amend an act entitled "An act to establish 
circuit courts of appeals and to define and regulate in certain 
cases the jurisdiction of the courts of the United States, and for 
other purposes.'' 

ENROLLED BILLS SIGNED. 

Mr. WARWICK, from the Committee on Enrolled Bills, re- 
ported that they had examined and found truly enrolled bills of 
the following titles; when the Speaker signed the same: 

A bill (H. R. 410) to amend the charter of the Eckington and 
Soldiers' Homo Railroad Company; 

A bill (H. R. 429) to incorporate the District of Columbia 
Suburban Railway Company; and 

A bill (H. R. 5734) granting a pension to Eliza M. Boatright, 
the surviving widow of Alexander M. Boatright, who was a sol- 
dier in the Black Hawk war. 

The SPEAKER pro tempore. Under the rule the House stands 
in recess until 8 o'clock this evening. 



EVENING SESSION. 

The recess having expired, the House met at 8 o'clock p. m. 
and was called to order by the Chief Clerk, Mr. T. O. TOWLES, 
who read the following communication: 

Speakers Room, 
HonsE OF Representatives, United States, 

Washington, I). C, July 1, ISS2. 

Sik: I name Hon. J. C. Tarsnev, a Representative from Missouri, to per- 
form Hie duties of the Cliair at this eveumq's session. 

^'''"'■'•^''=- CHARLES F. CRISP. 

fl>ealer House of Eepresemalives. 
Hon. James Kerb, 

Cleric House of Itepresentaiives. 

The SPEAKER pro tempore (Mr, Tarsney). The House is 
in session, under the rule, for the consideration of measures 
upon the Private Calendar reported from the Committee on In- 
valid Pensions and the Committee on Pensions, measures re- 
ported from the Committee on the Judiciary for the removal of 
political disabilities, and measures reported from the Commit- 
tee on Military Affairs for the removal of charges of desertion. 

ORDER OF BUSINESS. 

Mr. McICINNEY. I move that the Housj resolve itself into 
Committee of the Whole for the consideration of bills on the 
Private Calendar under the rule. 

The question was taken; and the Speaker pro tempore an- 
nounced that the ayes seemed to have it. 

Mr. KILGORE. Division, Mr. Speaker. 

The House divided: and there were— ayes 37, noes 3. 

Mr. KILGORE. No quorum, Mr. Speaker. 

The SPEAKER pi'O tempore. The gentleman from Texas [Mr . 
Kilgore] makes the point of no quorum. The gentleman from 
New Hampshire [Mr. McKinneyJ and the gentleman from 
Texas [Mr. Kilgore] will take their places as tellers. 

The House again divided; and tellers reported— ayes 46, noes 0. 

Mr. KILGORE, No quorum. Mr. Speaker. 

Mr. McKINNEY. There being no quorum, I move a call of 
the House. 

The motion was agreed to. 

The roll was called, and the following-named members failed 
to respond: 

Abbott, Bacon, Beltzhoover, Blount, 

Alderson, BankheaJ, Bergen, Boatner. 

Allen, Barwig. Bingham, Boutelle, 

Amerman, Beeman, Blanchard, Branch, 

Andrew, Belden, Bland, Brawley, 



1892. 



CONGEESSIONAL RECORD— HOUSE. 



5741 



Also, a bill (H. R. 9425) grantiiijj a pension to John Hoy — to 
the Committee on Invalid Pensions. 

By Mr. O'FERRALL: A bill (H. R. 9426) for the relief of James 
W. Nickens, late of Shenandoah County, Va., but now a resident 
of Washington, D. C. — to the Committee on War Claims. 

By Mr. WHEELER of Alabama: A bill (H. R. 9427) for the re- 
lief of A. R. Campbell, administrator of the estate of Josiah 
Springer — to the Committee on War Claims. 



PETITIONS, ETC. 

Under clause 1 of Rule XXII, the following petitions and pa- 
pers were laid on the Clerk's desk and referred as follows: 

By Mr. BUCHANAN of New Jers?y: Petition of the New 
Gretna Presbyterian Church of New Gretna, N. J., in favor of 
the closing of the World's Fair on Sundays and against the sale 
of all intoxicating liquors on the grounds — to the Select Com- 
mittee on the Columbian Exposition. 

Also, petition of George Haneus, of Juliustown, N. .T., for aspe- 
cial pension — to the Committee on Invalid Pensions. 

By Mr. BUSHNELL: Protest of H. D. Kirkpatrick and 20 
others, of Green County, Wis., against the passage by Congress 
of any law to close the World's Columbian Exposition on Sun- 
day — to the Select Committee on the Columbian Exposition. 

By Mr. CALDWELL: I'etitionof citizens of Aurora, Dearborn 
County, Ind., and vicinity, asking that the bill to pension Eliza- 
beth M. Tumy, widow of Solomon P. Tumy, deceased, be favora- 
bly reported for consideration — to the Committee on Pensions. 

By Mr. CHIPMAN: Papers in the claim of James E. Cotter, 
First company Brady sharpshooters, attached to the Sixteenth 
Michigan Volunteer Infantry, to accompany bill to remove the 
charge of desertion— to the Committee on Military Affairs. 

By Mr. CRAWFORD: Petition of citizens of Valley Cruis, 
N. C. against closing the gatesof the World's Fair on Sunday — 
to the Select Committee on the Columbian E.xpo-.it;on. 

By Mr. DALZELL: Petition of the Woman's Missionary So- 
ciety of Monongahela Presbytery of the United Presbyterian 
Church, against opening the World's Fair on the Sabbath — to 
the Select Committee on the Columbian Exposition. 

Also, resolutions of Encampment No. 1, Union Veteran Le- 
gion, Pittsburg, Pa., against removal of charges of desertion 
for insufficient reason and upon insufficient evidence — to the 
Committee on Military Affairs. 

By Mr. DAVIS: Petition of citizens of Haddam, Kans., pro- 
testing against I'eligious legislation regarding the AVorld's 
Fair — to the Select Committee on the Columbian Exposition. 

By Mr. ENGLISH: Petition of citizens of Newark, Essex 
County, N. J., praying for the passage of House bill 401 — to 
the Select Committee on Immigration and Naturalization. 

By Mr. FELLOWS: Petition of the New York Jewelers' 
Board of Trade of New York, asking that the Torrey bill be 
promptly considered and passed— to the Committee on the Ju- 
diciary. 

By Mr. HARTER: Petition Mr. J. Merrell and others, of 
Mansfield, Ohio, against imposing conditions either as to open- 
ing or closing the World's Fair on Sunday — to the Select Com- 
mittee on the Columbian Expssition. 

By Mr. HATCH: Two protests of Farmers and Laborers' 
Union, one of Scotland County and the other of Clark County, 
Mo., against the passage of the Brosius lard bill (H.R. .'J95), and 
praying for the passage of a general pure-food law— to the Com- 
mittee on Agriculture. 

Also, petition of citizens of Mount Pleasant, Iowa, against 
closing World's Fair on Sundays— to the Select Committee on 
the Columbian Exposition. 

By Mr. HENDERSON of North Carolina: Petitionof John W. 
Robinson, executor of Henry W. Robinson, deceased, for refer- 
ence of claim for stores and supplies to Court of Claims under 
the Bowman act. to accompany House bill 9328 — to the Com- 
mittee on War Claims. 

By Mr. KENDALL: Proof in support of claim of W. W. Fer- 
gerson, to accompany House bill 9157— to the Committee on Pen- 
sions. 

By Mr. LOUD: Petition of the Evangelical Alliance of San 
Francisco, Cal., and vicinity, praying that Congress absolutely 
prohibit the importation of opium for smokers' purposes— to the 
Committee on Ways and Means. 

n Also, petition of "Phil. Sheridan Post, No. 7, Grand Army of the 
Republic, of California, praying for the passage of a bill to proi> 
erly mark lines on the battlefield of Gettysburg, Pa.— to the 
Committee on Military Affairs. 

By Mr. McMILLIN: Petition of several hundred citizens, fa- 
voring bill limiting the amount of wearing apparel that tourists 
may import fx-ee of dutv — to the Committee on Ways and Means. 

By Mr. O'DONNELL: Petition of 29 citizens of Eaton Rapids, 
Mich., praying for an amendment to the Constitution prohibit- 



to 



ing appropriations for any church or other organization under 
ecclesiastical or sectarian control — to the Committee on the Ju- 
diciary. 

By Mr. O'FERRALL: Petitionof James W. Nickens, of Shen- 
andoah County, Va., praying compensation for stores and sup 
plies used by the United States Army during the late war— tc 
the Committee on War Claims. 

By Mr. PERKINS: Petition of D. C. Chapman and 20 others, 
of Primghar, O'Brien County, Iowa, against any action on the 
part of Congress with reference to closing the World's Fair on 
Sunday-— to the Select Committee on the Columbian Exposition. 

By Mr. TILLMAN: Petition of citizens of Good Hope, Edge- 
field County, S. C remonstrating against the passage of the 
Brosius lard bill, H. R. .395, and praying for the passage of the 
Paddock pure-food bill— to the Committee on Agriculture. 

By Mr. TO WNSEND: Petition of the State School of Mines, for 
an act to establish the metric system in the customs service after 
July 1, 1893 — to the Committee on Coinage, Weights, and Meas- 
ures. 

Also, three protests of citizens of Colo^'ado: one of the mem- 
bers of the Seventh-Day Adventist Church and other citizens 
of Pueblo: the second of the Seventh-Day Adventist Church of 
Boulder, and the third of the same church and county; all 
against legislation committing the Government of the United 
States to a union of church and state, or to close the World's 
Fair on Sunday — to the Select Committee on the Columbian Ex- 
position. 

By Mr. WHEELER of Alabama: Two petitions of Alliances 
of Mississippi, as follows: The Pleasant Hill Alliance, No. 149, At- 
tala County, and the Homewood Farmers' Alliance, No. 3G7, of 
Jasper County, both I'emonstrating against the ]ia.s.sage of the 
Brosius lard bill, H. R. 395, and praying for the passage of the 
Paddcck pure food bill— to the Committee on Agriculture. 

Also, petitionof Anniston, Ala., post-office clerks, favoring 
House bill 3608— to the Committee on the Post-Office and Post- 
Roads. 

By Mr. WHEELER of Michigan: Petition of Trent Grange, 
No. 372, Muskegon County, Mich., asking for free delivery of 
mail to the inhabitants of the rural districts— to the Committee 
on the Post-Office and E^ost-Roads. 

By Mr. WILLIAMS of Illinois: Affidavit in the case of .John 
A. Jack, of Company I. One hundred and twenty-eighth Reg- 
iment Illinois Volunteer.s— to the Committee on Military .\ffairs. 

By Mr. WILSON of West Virginia: Petition of M. D. Bain- 
bridge and 1() others, of Taylor County, W. Va., remonstrating 
against the passage of the Brosius lard bill. H.R. 395, and pray- 
ing for the passage of the Paddock pure-food bill— to the Com- 
mittee on Agriculture. 

Also, petition of Kcdron Alliance. Hampshire County, W.Va., 
remonstrating against the passage of the Brosius lard bill, H. 
R. 395, and praying for the passage of the Paddock pure-food 
bill — to the Committee on Agriculture. 



HOUSE OF REPRESENTATIYES. 

Saturday, July 2, 1892. 
The House metat 11 o'clock a. m. Prayer by Rev. J. H. Cuth- 

BERT, D. D. 

The SPEAKER. The Clerk will read the Journal of yester- 
day's proceedings. 

Mr. TAYLOR of Illinois. Mr. Speaker, it is very evident 
that there is no quorum present. I think this Democratic House 
ought to have a quorum here before undertaking to do busi- 
ness. 

The SPEAKER. The gentleman from Illinois makes the 
point that there is no quorum present. The Clerk will call the 
roll. 

The roll was called, and the following-named members re- 
sponded. 



Abbott. 


Brickner, 


Alexander, 


Broilerick, 


Andrew, 


Brookshlre, 


Arnold, 


Brosius, 


Babbitt, 


Bryan. 


Bailey, 


Bucnanan. N. J 


Baker. 


Buch.xnau, Va. 


Bankliead, 


Bullock, 


Beenian, 


Burrows, 


Belknap, 


BuseT, 


Bent ley. 


Bushnell, 


Blanchard, 


Butler. 


Blount, 


Bynum. 


Boatner, 


Caldwell. 


Bowers, 


Camlnetti, 


Bowman, 


Capehart, 


Branch. 


Castle. 


Brawley, 


Catchlngs, 


Breckini'idge, 


Ark. Cate, 


Bretz, 


Chipman, 



Clark, fyyo. 

Clarke. Ala. 

Clover. 

Cobb. Ala. 

Cobb. Mo. 

('oDurn. 

Cogswell, 

Covert. 

Cox, N. Y. 

Cox, Tenn. 

Crain. Tex. 

Crosby, 

Culberson, 

Cummings, 

Curtis. 

Dalzell, 

D,avis. 

De Armond, 

De Forest, 

Dickerson, 



Dixon, 

Dockery, 

Dungan. 

Edmunds, 

English, 

Enochs, 

Everett, 

Porman, 

Forney, 

Funston, 

Gautz, 

Gillespie. 

Goodnight, 

Grady, 

Greenleaf, 

Grout, 

Hall, 

Hallowell, 

Halvorson, 

Hamilton, 



5742 



CONGRESSIONAL RECORD— HOUSE. 



Jfly 2, 



Harries, 
Uarler, 
Hatch, 
Halit^en, 
Hayhes, Ohio 
Henaerson, Iowa 
Henderson, N. C. 
Henaerson, 111. 
Herbert, 
Hermann, 
Holnian. 
Hooker, Miss. 
Hooker, N. Y. 
Hopkins, Pa. 
Houk, Ohio 
Johnson, Intl. 
Johnson, N. Dak. 
Johnstone, S. C, 
JoUey. 
Jones, 
Kem, 
Kilgore, 
Kyle, 
Lanham, 



Lawson, Va. 

tiayton, 

Lester, Ga. 

Long, 

Loud, 

Lynch, 

aiallory, 

JIausiU', 

McGann, 

JIcKais. 

McICinuey, 

McMUlin, 

McRac. 

Meredith. 

MUler, 

Moore, 

Moses, 

Oat«3, 

O'Ferraii, 

Otis. 

Outhwaile, 

Page, R. I. 

Page, Md. 

Parrett, 



Patterson, Tenn. 

Paynter, 

Pearson, 

Pendleton, 

Perldns, 

Pierce, 

Powers, 

Quackenlnish, 

Ray, 

Iteilly, 

liohertson. La. 

Robinson, Pa. 

]{ockwell, 

.Savers, 

Scott. 

Scull, 

Seerley. 

Shell, 

Shonk, 

Simpson, 

Snodgrass. 

Snow, 

Steward, 111. 

Stewart, Tes. 



Stump, 
Tarsney, 
Taylor, 111. 
Taylor, Tenn. 
Taylor, E. B. 
Tillman, 
Townsend, 
Tracey, 
Tiu-ner, 
Turplu, 
Van Horn, 
■\Varwiclt 
Wat so 

Wheek.. 

Wheeler, Mich 

White, 

Whiting. 

Wilson. Mo. 

Wilson. W. Va 

Winn, 

Wise, 

V.'olverton, 

Youmans. 



The SPEAKER. One hundred and seventy-one gentlemen 
have answered to their names. A quorum is present. Before 
the .Journal is read the House will receive a message from the 
Senate. 

MESSAGE FROM THE SENATE. 

A message from the Senate, bj- Mr. Platt, one of its clerks, 
announced that the Senate had jjassed the bill (S. d1) to provide 
for the free coinage of gold and silver bullion, and for other pur- 
poses; in which the concurrence of the House was requested. 
[Applause on the Democratic side.] 

The Journal was read and approved. 

JAMES A. DA^^3. 

The Speaker laid before the House a bill (H. R. -14S8) granting 
a pension to James A. Davis, with a Senate amendment. 

Mr. WILSON of Missouri. Mr. Speaker, I move that the 
HousJ concur in the Senate amendment. 

The amendment was read, as follows: 

Line 9, strilce out " 20 " and insert "13.'' 

The amendment was agreed to. 

A. v. HAMILTON. 

The SPEAKER also laid bsfore the House a bill (H. R. 53S3) 
to increase the pension of Aaron V. Hamilton, late a member of 
Fremont's battalion, Mexican war, with an amendment of the 
Senate thereto. 

The amendment was read, as follows: 

Line 4, strike out "20" and insert "13." 

The amendment was agreed to. 

J. H. MOVER vs. THE UNITED STATES. 

The SPEAKER laid bjfore the House a communication from 
the Court of Claims, transmitting a copy_ of the findings of the 
court in the case of J. H. Moyer vs. The United States; which was 
referred to the Committee on War Claims. 

SENATE BILLS REFERRED. 

The SPEAKER. A number of private bills from the Senate, 
the titles of which have already been printed in the Record, 
are on the Speaker's table, and "if there be no objection they will 
be appropriately referred without detaining the House with the 
reading of the titles. 

There being no objection. Senate bills of the following titles 
were severally read a first and second time, and referred as 
stated: 

A bill (S. 290) granting an increase of pension to John S. 
Paul — to the Committee on Invalid Pensions, 

A bill (S. 533) granting an increase of pension to Mrs. Helen 
A. De Russy, widow of the late Gen. Rene E. De Russy — to the 
Committee on Invalid Pensions. 

A bill (S. 840) granting a pension to Gen. William H. Morris — 
to the Committee on Invalid Pensions. 

A bill (S. 1010) granting an increase of pension to Andrew 
Franklin, alias Andrew MoKee — to the Committee on Pensions. 

A bOl (S. ]600j granting an increase of pension to Fordyce R. 
Melvin— to the Committee on Invalid Pensions. 

A bUl (S. 1770) granting a pension to Annie M. Greene— to the 
Committte on Invalid Pensions. 

A bill (S. 1786) granting a pension to Mrs. Jennie Gray — to the 
Committee on Invalid Pensions. 

A bill IS. 2266) for the relief of Louis A. Goska— to the Com- 
mittee on Naval Affairs. 

A bill (S. 2846) granting a pension to Granville R. Tui-ner— to 
th j Committee on Invalid Pensions. 

A bill (S. 296,")) for the relief of Capt. George H. Perkins— to 
the Committee on Naval Affairs. 

A bill {S. 2979) for the relief of Edward Dorsey, late Company 



C, First United States Colored Troops— to the Committee on In- 
valid Pensions. 

A bill {S. 3052) granting a pension to Nettie N. Seaver— to the 
Committee on Invalid Pensions. 

A bill (S. 3060) granting a iiension to Isabella W. Newkirk— to 
the Committee on Invalid Pensions. 

A bill [S. 3061) to pension Edith S.Read — to the Committee on 
Invalid Pensions. 

A bill (S. 3100; granting a pension to Mrs. Julia C. Sharpe — to 
' ommittee on Invalid Pensions. 

A bill (S. 3166) for therelief of Betsey McGeorge— to the Com- 
mittee on Invalid Pensions. 

A bill (S. 3264) for the relief of William P.Keady— to the Com- 
mittee on Public Lands. 

A bill (S. 3267) granting a pension to Margaret A. Flinn— to 
the Committee on Invalid Pensions. 

CHANGE OF REFERENCE. 

By imanimous consent, the Committee on Public Lands was 
discharged from the further consideration of a bill of the follow- 
ing title: and it was referred to the Committee on Indian Af- 
fairs: 

A bill (S. 782) to provide for the adjustment of certain sales of 
land in the lat3 reservation of the confederated Otoe and Mis- 
souri tribes of Indians in the States of Nebraska and Kansas. 

LEAVE TO PRINT. 

ilr. CALDWELL, by unanimous consent, obtained leave to 
print in the Record remarks on the life and character of Hon. 
L. C. Houk, late Representative from the State of Tennessee. 

leave OF ABSENCE. 

By tmauimous consent, leave of absence was granted as follows: 

To Mr. William A. Stone, for Monday next, on account of 
important business: 

To Mr. Atkinson, for five days, on account of important busi- 
ness: 

To Mr. Terry, imtil Tuesday next, oa account of sickness; 

To Mr. BUNN, for one week, on account of important business; 

To Mr. Barter, for Monday next, on acooimt of important 
business: 

To Mr. Clover, for to-day, on account of sickness; and 

To Mr. Enloe, indefinitely, on account of sickness. 

Mr. SEERLEY. I ask indefinite leave of absence for my col- 
league, Mr. Hull, on account of sickness. 

There being no objection, leave was granted. 
order OF business. 

:Mr. DOCKER Y. Mr. Speaker, I ask to modify in the form 
sent to the desk an order made by the Hous:; on the day before 
yestirday with reference to printing. 

The SPEAKER. The gentleman from Missouri asks consent 
foi' the consideration of a resolution which the Clerk will report. 

The Clerk read as follows: 

Ji'fsolteil. That 

Mv. WATSON [interrupting the reading]. I call for the reg- 
ular order. 

The SPEAKER. The gentleman from Georgia calls for the 
regular order, which is equivalent to an objection. 

Sir. DOCKER Y. I simply state that this is a proposition to 
modify the order tor reprinting the "force bill.'' 

Mr.'WATSON. It isnothingbutacampaigndocumsnt, which 
gentlemen want to have printed at the public expjnse. 

Mr. DOCKERY. It involves an important campaign issue. 

Mr. WATSON. A very false issue, and a shallow one. 

Mr. DOCKERY. I regret that the gentleman from Georgia 
objects. 

enrolled bills signed. 

Mr. WARWICK, from the Committee on Enrolled bills, re- 
ported that they had examined and found truly enrolled the bill 
(H. R. 5) granting a pension to Lucy Haskell, mother, by adop- 
tion, of John Haskell; when the Speaker signed the same. 

jurisdiction OF UTNITED states COURTS. 

Mr. CULBERSON submitted a conference report, which was 
read as follows: 

The committee of conference on the disagreeing votes of the two Houses 
on the amendments of the House to the bill (S. 37391 "An act to amend an 
act entitled 'An act to establish circuit courts of appeals and to define and 
reiitilate in certain cases the jurisdiction of the com-ts of the United States, 
and for other pttposes,'" having met. after full and free conference have 
agreed to recommend and do recommend to their respective Houses as fol- 
lows : 

That the House recede from its amendment numbered 1. 

That the Senate recede from Its disagreement to the amendment of the 
House numbered 3, and agree to the same. 

That the Senate recede from its disagreement to the amendment of the 
House numbered 3, and agree to the same with an amendment as follows ; In 
lieu of the matter Inserted by said amendment insert the following: 

"Sec. 5. All appeals and -m'its of error shall be heard and determined on the 
record sent up by the court of the first instance aud the printing of such 



1892. 



CONGRESSIONAL EECORD— SENATE. 



5785 



fered by the committee. I only ask in my proposed amendment 
that the words " and Washington Territory " be inserted after 
the word " Oregon," in line 11 of section 1. 

The VICE-PRESIDENT. That is the pending question, on 
which the yeas and nays have been demanded. 

Mr. COCKRELL. Not on that amendment. I withdraw the 
demand for the yeas and nays if I asked for them on that amend- 
ment. That amendment is all right. There is no objection to 
that particular point. The amendment as amended, where it 
gives a service pension to men who were soldiers in 1862, is what 
I am objecting to. 

The VICE-PRESIDENT. The question is on the amendment 
of the Senator from Washington [Mr. Allen]. 

Th<3 amendment was agreed to. 

Mr. PADDOCK. I offer the amendment which I send to the 
desk as an additional section. 

The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. It is proposed to add as a new section the 
following: 

Sec. 7. Any person not an enlisted soWiev in the Army, serving lor the time 
beiuti as a member or the militia of any State, under orders of an officer of 
the United States, or who vcplunteered. for the time heing, to serve with any 
regularly organized military or naval force of the United States, or who 
otht-rwise vohiuteered and rendered ser\'ice in any enG:agement with rebels 
or Indians. dis,abled iu consecitience of wounds or iiijtiry received in the 
line of duty iu such temporary service. 

Mr. BUTLER. Let that amendment be again read. We did 
not catch the first part of it. 

Mr. PADDOCK. I will state to the Senator that this is the 
law as it now stands. 

]\Ir. BUTLER. We can not hear. There is a speech louder 
going on behind me than that being made by the Senator. 

Mr. PADDOCK. This is tlie very paragraph of the act in 
question, except that it eliminates the limitation fixed at tlie 
year 1874, and has not been operative since for this class of cases, 
which was without reason or upon any proper theory at the time. 
This simply restores it, 

Mr. PERKINS. I would say in support of the amendment that 
what the Senator from Nebraska [Mr. Paddock] offers as an 
amendment to this bill was the law imtil 1874. By the statute 
of 1 ^74 the claims which are provided for by this amendment be- 
came barred; in other words, where the applications were not 
made prior to the 1st day of July, 1874, the claims became ban ed. 
This amendment is offered to provide for those who served in 
militia organizations acting under the orders and commands of 
a United States officer. 

Mr. PADDOCK. It will be principally operative in the State 
of Missouri. 

Mr. PERKINS. There was a large service from the State of 
Missouri, and there were some of these troops from my own Sta,te 
and from other States, which will be provided for by an amend- 
ment of this character. As I have said, it was the law for a num- 
ber of years. 

Mr. BERRY. I should like to hear the amendment read. 

The VIC&PRESIDENT. The amendment will be again read. 

The Secretary read the amendment proposed by Mr. Paddock. 

Mr. VEST. I should like to ask a question about the amend- 
ment. It uses these words 

Mr. DAVIS. If the Senator from Missouri will allow me 

Mr. PADDOCK. It is exactly the language of the act. 

Mr. VEST. I want to ask this question, as it has a very im- 
portant etTect 

Mr. DAVIS. If the Senator will allow me, I desire to make a 
motion in regard to this bill, that the bill and the pending amend- 
ments be recommitted to the Committee on Pehsions. There 
are some matters about it which I think require reconsideration. 

Mr. VEST. I was going to say that the expression of service 
upon any occasion would embrace a very largo number of per- 
sons in the State of Alissouri who served in what we called the 
enrolled militia. They were not under the command of United 
States officers, but under the command of officers appointed by 
the State authorities, and yet under the language of the bill un- 
questionably they would be entitled to pensions. 

Mr. PADDOCK. But they rendered service, did they notV 

Mr. VEST. Yes: but I understood the Senator from Kansas 
[Mr. Perkins] to use the expression "where they were under 
the command of United States officers."' 

Mr. PERKINS. That is the language of the act. 

Mr. VEST. The latter part does not put that condition la. 

Mr. PADDOCK. That is the language of the act. 

Mr. VEST. It says where the troops served upon any occa- 
sion. 

]\lr. PERKINS, The language of the amendment is: 

Any person not an enlisted soldier in the Army ser\'ing for the time being 
ns a iuember of the militia of any State under orders of an ofBcer of the 
United States. 

W». VEST. Read on. 



I Mr, PERKINS. It is barely possible that there is a word be- 
low which qualifies it. 

Mr. VEST. Yes. 

Mr. PERKINS. It continues— 

Or who .-olunteered for the time bein.i; to serve with any regularly organ- 
ized military or naval force of the United States, or who otherwise volun- 
teered and rendered service in any engagement with rebels or Indians, dis- 
abled in consequence of wounds orinjuries received in line of duty In sucli 
temporary service. 

That is the language of the amendment. 

Mr. VEST. The latter part of it I think would cover the 
troops I referred to. 

Mr. DAVIS. I renew my motion that the bill with the psnd- 
ing amendments be recommitted to the Committee on Pensions'*" 

The VICE-PRESIDENT. The question is on the motion of 
the motion of the Senator from Minn:sota [Mr. Davis]. 

Mr. CALL. I would suggest to the Senator from Kansas that 
the laws for pensioning soldiers in the war against the rebels 
are very full and complete, and there is no reas jn for the amend- 
ment. 

Mr. PERKINS. They do not provide for the classes which 
are provided for by this amendment. There was a general 
statute providing for these classes until 1874, and under the act 
which I have spoken of these claims became barred and have 
been barred since 1874. The object of this amendment is to re- 
move the bar of the statute of limitations. 

:\Ir, PADDOCK. The point is this: There is a general statute 
describing the classes of the beneliciaries, and the act is opera- 
tive entirely now in respect to all of them except as to the class 
in this particular paragraph, which was limited as to time to 
the year 1874, since which time it has not been operative. 

The VICE-PRESIDENT, The question is on the motion of 
the Senator from Minnesota [Mr, Davis], that the bill with the 
pending amendments be recommitted to the Committee on Pen- 
sions. 

The motion was agreed to. 

SLUMS OF CITIES. 

Mr. KYLE. I ask unanimous consent at this time for the con- 
sideration of Senate joint resolution No. 46, which was passed 
over without prejudice. 

By unanimous consent, the Senate, as in Committee of the 
Whole, resumed the consideration of the joint resolution (S. R. 
4(i) providing for an investigation relative to the "slums of cities.'' 

The joint resolution was reported to the Senate as amended, 
and the amendments were concurred in. 

The joint resolution was ordered to be engrossed for a third 
reading, and was read the third time, 

Mr, VEST, ■ I ask for the yeas and nays on the final passage 
of the joint resolution. 

The yeas and nays were ordered, 

Mr. BATE and Mr. QUAY. Let the joint resolution be read. 

The VICE-PRESIDENT. The joint resolution will be read. 

The Secretarv read the joint resolution as amended. 

The VICE-PRESIDENT. The question is on the passage of 
the joint resolution, on which the yeas and nays have been or- 
dered. The Secretarj- will call the roll. 

The Chief Clerk proceeded to call the roll. 

Mr. COLQUITT (when his name was called). I am paired 
with the junior Senator from Iowa [Mr. Wilson]. 

Mr. HARRIS (when his name was called). I am paii-ed with 
the Senator from Vermont [Mr. Morrill]. If he were present 
I should vote "nay." 

Mr. HIGGINS (when his name was called). I am paired with 
the senior Senator from New Jersey [Mr. McPherson]. If he 
were present I should vote "yea." 

Mr. JONES of Arkansas (when his name was called). I am 
paired with the Senator from New York [Mr. Hiscock], and 
withhold my vote. 

Mr. McMillan (when his name was called). I am paired 
with the Senator from North Carolina [Mr. Vance], and with- 
hold my vote. 

Mr. MORGAN (when his name was called). I am paired with 
the Senator from Massachusetts [Mr. Dawes]. 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. C.vsey]. 

Mr. PUGH (when his name was called). I am paired with the 
Senator from Massachusetts [Mr. Hoar]. If he were present I 
should vote " nay." 

Mr. QUAY (when his name was called). I am paired with the 
Senator from West ^"irginia [Mr, Faulkner], If he were pres- 
ent I should vote "yea." 

Mr. STOCKBRIDGE (when his name was called). I am paired 
with the Senator from ilaryland [Mr. Gibson], and therefore 
withhold my vote. 

Mr. WALTHALL (when his name was called). lam paired 
with the Senator from Rhode Island [Mr, Dixon]. 



5786 



CONGRESSIONAL llECORD— SENATE. 



July 6, 



^ 



?i:°WOLCOT " "Tannounco that my colleague (Mr. Teller] 
is ab4nt from the Chamber on account of illness. He is paired 
with the Senator from Arkansas [Mr. BeRRYJ. 

Mr BUTLER. lam paired with the Senator from Pennsyl- 
vania [Mr. CAMEKON]. If he were present I should vote nay. 

Mr BERRY. I am paired with the Senator from Colorado 
FMr Teller]. If he were present I should vote "nay.' 

Mr CARLISLE. I am paired with the senior Senator from 
Ohio [Mr. Sherman]. If ho were present I should vote nay. 

Mr. CULLOM. I inquire it the Senator from Delaware LMr. 
Gray] has voted? 

The VICE PRESIDENT. He is not recorded. 

Mr. CULLOM. I am paired with that Senator, and therefore 

^ Mr^ PLATT° %l\ colloag'ue [Mr. Hawley] is aljsent from the 
citv. having been called away to fulfill a Fourth of July engage- 
ment I supposed that ho was paired with the Senator from 
Goor.na [Mr. GORDON], but I thought, as the vote progressed, 1 
hoard the aunouncomont of another pair with the Senator from 
Georgia. I may have boon mistaken aoout that. I do not know 
that ft is important, but I wished to make the statement. 

Mr WARREN. In relation to the pair with the S-snator from 
Georgia [Mr. Gordon], I will state that I have been paired with 
that Senator regularly during this session until the recent ab- 
sence of the Senator fi'^ora Connecticut [Mr. Hawlky], when the 
pair was transferred, and presuming that that was for the entire 
absence of the Senator from Connecticut, I voted upon this ques- 

Mr PLATT I may have been mistaken in supposing that I 
heard a pair stated with the Senator from Georgia. I understand 
that my colleague [Mr. Hawley] is paired with him. 

Mr HARRIS. The Senatorfrom Michigan [Mr. McMillan] 
announced a pair with the Senator from North Carolina [Mr. 
Vance] If agreeable to the Senator from Michigan, I being 
paired with the Senator from Vermont [Mr. MORRiLL], we will 
transfer our pairs and record our votes. 

Mr. MCMILLAN. That, is agreeable to me. 

Mr. HARRIS. I vote "nay." 

Mr. McMillan. I vote "yea."' 

Mr. GIBSON of Louisiana (after having voted in the negative). 
I am paired with the Senator from Oregon [Mr. Mitchell], but 
I voted in the negative. I will not withdraw my vote unless I 
am assured that the Senator from Oregon would vote in the af- 
firmative if present. In that case I shall withdraw it. 

Mr. DOLPH. What is the suggestion of the Senator? 

Mr. GIBSON of Louisiana. I was saying that I voted in the 
ne"-ativ6 on this joint resolution, but I shall withdraw my vote 
if assured that the Senator from Oregon [Mr. Mitchell] would 
vote on this proposition in the affirmative. 

Mr. DOLPH. I am not able to speak for my colleague, but my 
impression is that, if present, he would vote with the majority 
of his associates on this side of the Chamber, which I understand 
to be "yea." That is all I can say. 

Mr. GIBSON of Louisiana. Then I withdraw my vote. 

Mr. DOLPH (after having voted in the affirmative). Has the 
senior Senatorfrom Mississippi [Mr. George] voted? I saw him 
in the Chamber a few moments ago. 

The VICE-PRESIDENT. He is not recorded. 

Mr. DOLPH. I am paired with him and withdraw my vote, 
although I saw him during the roll call. 

Mr. DANIEL. I beg leave to state that I am paired with the 
Senator from Washington [Mr. Squire]. It he were present I 
should vote "nay." 

Mr. CULLOM. I have a general pair with the Senator from 
Delaware [Mr. Gray], with an understanding, however, that in 
order to make a quorum either of us when present may vote. If 
the question of a quorum is involved, I shall take the liberty of 
voting, and vote "yea." 

The result was announced— yeas 31; nays 14, as follows: 



SaM^er, 

Shoup, 

Turpie, 

Voorhees, 

Warron, 

■Washburn, 

Wolcott. 



Hisgius, 


Morgan, 


Hiscoclt, 


Morrill, 


Hoar, 


Pasco, 


Irby, 


Pugh, 


Joues, Ark. 


Quay, 


Jones, Nev. 


Ransom, 


McPherson, 


.Shermau 


Mitchell, 


Squire, 



Stanford, 

.Stewart, 

Stockbrldge, 

Teller, 

Vance. 

Walthall, 

Wilson. 







YEAS— 31. 


Aldrich, 


Dubois, 


Paddock, 


Allen, X 


Frye, 


Pefler, 


Allison, <V 


Gallingor, 


Perkins, 


Call. "O 


Hale, 


Pettigrew 


Carey, C 


Hansbrough, 


Piatt. 


Chandler, """ 


ICyle, 


Power, 


CuUom, 03 


McMillan, 


Proctor, 


Davis, a> 


Mandersou, 


Sanders, 


(O 




NAY'S— U. 


Bate, -J^ 


Felton, 


Kenna, 


Blackburn^ 


Harris, 


Mills, 


Cockrell, .2i, 


HUl, 


Palmer, 


Coke, _£V 


Hun ton, 


Vest, 


00 

Berry, , 
Blodgett, S 
Brice, , ° 


NOT VOTING-13. 


Butler, 


Casey, 


Cameron, 


Colquitt, 


Carlisle, 


Daniel, 



Vilas, 
AVhite. 



Dawes, 
Dixon, 
Dolph, 



Faulkner, 
Cicorge, 
(jibson, La. 
Gibson, Md. 
Gordon, 
Gorman, 
Gray, 
Hawley, 

So the joint resolution was passed. 

FINAL ADJOURNMENT. 

Mr. ALDRICH. I ask unanimous consent to offer at this timo 
the concurrent resolution which I send to the desk. 

The VICE-PRESIDENT. The resolution will he read. 

The Chief Clerk read the i-esolution, as follows- 

HexoU'ed by the Senate (the I/otise of Jlejn-esentatioes concurring). That the 
President ol the Senate and Speaker ot the House of Representatives de- 
clare their respective Houses adjourned sine die at 3 o'clock p. m., July 30, 
1802. 

Mr. ALDRICH. I ask that the resolution may be referred to 
the Committee on Appropriations, and I bespeak for that com- 
mittee the early and favoi-able considei-ation of the resolution. 

The VICE-PRESIDENT. The resolution will be referred to 
the Committee on Appropriations in the absence of objection. 

FIRST METHODIST CHURCH OF JACKSON, TENN. 

Mr. HARRIS. Order ot Busine.ss No. 905, being House bill 
iLilti. was partially considered yesterday or the day before, but 
informally laid aside because the S^mator from Kansa.s [Mr. 
PEFFER]'had been directed by the Committee on Claims to offer 
an amendment which had not been returned from the Printer. I 
ask that the consideration of the bill be now completed. 

There bjing no objection, the Senate, as in Committee of the 
Whole, resumed the consideration of the bill (H. R. 121G) for the 
relief of the First Methodist Church in the city^ of Jack.son, Tenn. 

Mr. PLATT. Is there a report accompanying the bill? 

The VICE-PRESIDENT. There is no report. 

Mr. PLATT. I wish the Senator in charge would explain 
the bill. 

lilr. PEFFER. This bill was substituted for the Senate bill 
on the same subject and in the same language. I should like to 
inquire whether the report has yet been brought to the Senate? 

The VICE-PRESIDENT. There is no report at the desk. 

Mr. PEFFER. Then I request that the bill lieover, retaining 
its place on the Calendar until the report comes in. 

I will say to the Senate that on account of an unavoidable mis- 
take on the part of the Printer the reprinting of the report has 
been delayed. I examined the proof twice myself: the last time 
yesterday. I supposed that the report would l3e in this morn- 
inn- I think certainly it will be here to-morrow. 

The VICE-PRESIDENT. The bill will be laid aside infor- 
mally. 

PUBLIC BUILDING AT MTJNCIE, INT). 

Mr. VOORHEES. I ask the indulgence ot the Senate for the 
present consideration ot Senate bill 677. 

^y unanimous consent the bill (S. 677) for the erection of a 
public building at Muncie, State of Indiana, was considered as in 
Committee of the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

ADJUSTMENT OF PENSIONS FOR LOSS OF LIMBS. 

Mr. G ALLINGER. In accordance with the suggestion I made 
a little while ago when the other pension bill was under consid- 
eration, I now ask unanimous consent that Senate bill 641 may be 
considered. 

By unanimous consent the Senate, as in Committee ot the 
Whole, proceeded to consider the bill (S. 641) to adjust the pen- 
sions of those who have lost limbs, or the use of them, or have 
additional disabilities. 

The VICE-PRESIDENT. The amendments reported by the 
Committee on Pensions will be stated. 

Mr. COCKRELL. There is a report on the bill. Lot it be 
read before action is had upon the amendments. 

The VICE-PRESIDENT. The report will be read. 

The Secretary read the following report, submitted by Mr. 
Gallinger May 25, 1892: 

The Committee on Pensions, to whom was referred the bill < S. 041) to ad- 
just the pensions of those who have lost limbs or the use of them, or have 
additional disabilities, have considered the same and report: 

This bill proposes to increase three classes of pensions, the disabilities re- 
sulting from amputation, as follows, viz: Those who have lost an arm at 
the shoulder joint, or leg at the hip joint, or whohave been totally disabled 
in the same, from ?4ot«$eoper month; those whohave lost an arm at or 
above the elbow, or a leg at or above the knee, or who have been totally dis- 
abled in the same, or wlio have lost an arm below the elboTV, or a leg below 
the knee, and who suffer from total or partial stifluess ot the joint, or other 
cause which render the stump useless, from 836 to 855 per month; and those 
who have lost a hand or a foot, or are totally disabled In the same, from KO 
to f.W per month. The bill also contains a provision that— 

•All such persons ■\vho have incurred or contracted other disabilities .shall 
be entitled to a sum per month equal to the total of the rates for all ot said 



1892. 



CONGRESSIONAL EECOED— SENATE. 



5787 



disabilities, said sum to he determinetl by adding together the rates pro- 
vided by law for each of said disabilities separately." 

A careful computation shows that the increase In the three classes of cases 
uamed In the bill will be as follows: 





No. 


Increase 

per 
month. 


Total 
increase 
per year. 




920 
4,762 
2,381 


J15 
19 
20 


J 165,600 


Leg or arm amputation at or above knee or elbow. 
Leg or arm amputation below knee or elbow 


1,085,736 
571,440 








1,822,770 











There Is no question as to the justice of the claims of the men who left 
limbs on the battlefield. Whatever frauds (if any) have been committed on 
the Treasury by those now drawing pensions, the men who suffered anipu- 
tations have not been a party to them. And it sliould not be forgotten that 
the.-'e amputations were hurriedly performed, often by ignorant or inex- 
perienced surgeons, and without any of the precautions deemed so neces- 
sary in private or hospital practice, the result of which was diseased stumps 
and" other sequelai that will follow the soldier through life. Beyond a ques- 
tion a large proportion of these men are suffering from narvous alTectious, 
from heart disease, or other p.ainful disability, the direct result of the am- 
putations they underwent. The celebrated physician. Dr. Pancoast, of 
3?hl!adelphia, expressed a great truth when he said concerning this class of 
cases: 

"One of the prominentsjnnptoms observed in this condition of the nervous 
system is a weakness of the heart action, causing an abnormal blood pres- 
sure which deranges the secretions and excretions of the various organs of 
the bo-ly, scrIousl.v Interfering with nutrition. He is easily fatigued, and 
when this occurs it invariably produces weak and compressible pulse and 
not infrequentl.v an iutermilteut pulse, all of which results from neurasthe- 
nia of the medulla, the seat of nerve energy which controls the action of the 
heart as well as that of respiration. Permit me to say that during a period 
of thirty-flve years of active practice I have found that where large nerves 
are injured by shock, laceration, or by cutting, they are seldom restored to 
normal actl^^ty, and the nervoxis debility thus produced not only shortens 
life, but it incapacitates the one so tmfortunately aQlicted from continued 
mental or physical exertion." 

These men, as a class, are great sufferers, and much more liable to accidents 
than others. Besides this, they are shut out from life insm'ance, the means 
used by prudent men to protect their families from possible want. The mor- 
tallt.v in this class is unusually large, reaching the enormous ligure of 57 per 
thousand annually, with a constantly increasing death rate; and as the aver- 
age age of the soldiers of the war of lSol-'6o Is 56 years, the ranks ot these 
men will be rapidly decimated by natural causes. For these reasons we are 
Impressed with the justice of their demands, sympathizing with them when 
they say: 

" Give back the legs and arms, give back the sight, make helpful the now 
helpless body, and the largest pension that might be provided by a grateful 
country would not be accepted as the i^rlce ot either by the man who has suf- 
fered such a loss." 

But while thus recognizing the urgency of these cases, we are ot opinion 
that the increase asked is greater than Congress should grant under existing 
circumstances. Unfortunately, any legislation that mny be enacted in be- 
half of these classes ot pensioners can not by any possibility be made to ap- 
ply equitably to them all. Inasmuch as some are great sufferers while others 
are comparatively free from suffering; some are poor and some i-lch; yet 
the probabilities are that most of them are broken iu health, and a ver.v 
large proportion of them are In moderate circumstances. We reccommenil 
that the bill be amended by striking out in line 8 the word "sixty, "and insert- 
ing the word "flfty-flve;" that in line 15 the word ••fifty-five" be stricken out 
and the word " forty-live " inserted, and that in line 17 the word "fifty " be 
stricken out and the word •■thirty-six:" be substituted. If thus amended the 
aggregate increase will bo$796,12« instead of ?1, 822,776, as proposed by the bill. 

The increase proposed under the provision of the bill granting cnmitlative 
pensions for other disabilities than those of amputation is purely problem- 
atical, and if granted to this class It would logically be claimed by all other 
classes of pensioners, thus reoiJening the entire pension list, and making a 
field for the work of pension attorneys and claim agents more valuable than 
anything that the legislation of Congress has yet created. To this provision 
we' are utterly opposed, believing that it would prove a veritable Pandora 
box in our system of pension legislation, and we therefore recommend that 
all after line 17 be stricken from the bill. 

Inasmuch as the Commissioner of Pensions can carry out the proposed 
legislation by simply rating up the pensions of thoje coming under its pro- 
visions, and the services of pension attorneys and claim agents would not 
be required in a single case, we recommend that a new section be added to 
the bill as follows : 

•■ Sec. S. That in the adjudication of claims arising under the provisions 
of this act no tees whatever shall be paid to iJension attorneys or claim 
agents." 

We further recommend that the title of the biU be amended by striking 
from it the words ''or have additional disabilities." 

With the proposed amendments your committee are ot opinion that the 
bill should become a Law, and therefore report it back favorably with a 
recommendation that it do pass. 

The Secretary proceeded to read the amendments. 

The first amendment reported by the Committee on Pensions 
■was, in section 1, line 8, after the words " pension of," to strike 
out " sixty" and insert '• fifty-fivG;" in line 15, before the word 
" dollars," to strike otit " fifty-five" and insert " forty-five:" in 
line 17, after the words "pension of," to strike out " fifty" and 
insert "thirty-six," and in line 1>^, after the word "month," to 
strike out " and all such persons who have incurred or contracted 
other disabilities shall bo entitled to a sum per month equal to 
the total of the rates for all of said disabilities, said sum to be 
determined by adding together the rates provided by law for 
each of said disabilities separately;" so as to make the section 
read: 

That from and after the passage of this act all persons on the pension roll 
and all persons hereafter granted a pension who, while in the military or 
naval service of the United States, and in the line ot duty, shall have lost an 
arm at the shoulder joint or a leg at the hip joint, or who have been totally 
disabled in the same, shall be entitled to a pension ot 855 per month; and ail 



such persons who have lost an arm at or above theelbowov a leg at or above 
the knee, or whoshall have been totally disablinl in the same, or who shall have 
lost an arm below the elbow or a leg below the knee au'J suffer from total or 
partial stiffness ot the joint, or other cause which renders the stumu useless, 
shall be entitled to a pension ot J45 per month; :md all su'^h persons who 
.shall h.ave lost a hand or a toot, or shall have been totally disabled iu the 
same, shall be entitled to a i)enslou of S30 per month. 

The amendment was agreed to. 

The next amendment was, in section 2, line 1 , after the word 
" that," to strike out " all acts or parts of acts so far as they may 
conflict with the provisions of tliis act be, and thoy are hereby, 
repealed," and insert " in the adjudication of claims arising un- 
der the provisions of this act no fees whatever shall bo paid to 
pension attorneys or claim agents;" so as to make the section 
read: 

Sec. 2. That in the adjudication ot claims arising under the provisions of 
this act no tees whatever shall be paid to pension attorneys or claim agents. 

The amendment was agreed to. 

Mr. GALLINGEU. I offer an amendment, which I send to the 
desk. 

The VICE-PRESIDENT. The amendment -will be stated. 

The Secretary. After the word " month," in lino 18 of sec- 
tion 1, it is proposed to insert: 

Provided. That in peruslons for amputations coming uuder the provisions 
of this act where pensions have been increased by special a^t but to an 
amount less than herein allowed, the provisions of this act .shall apply. 

Mr. COCKRELL. What will be the effect of that? 

Mr. GALLTNGER. Simply this: In a few cases pensioners 
have had their pensions increased, that is the pensioners belong- 
ing to some one of these classes, to an amount less than is al- 
lowed in this bill. Those cases presumably the Pension Bureau 
will not consider, for the reason that Congress has actod upon 
them. The amendment simply pttt,s them on all-fours -with the 
others who are included in the bill under considoratitm. 

Mr. WHITE. May I inquire what will be the increase to the 
pension roll made by the passage of this bill'? 

Mr. GALLINGER. I will state that definitely in a moment 
before the vote is taken upon the bill. I should like the amend- 
ment I have proposed first acted tijion. It will only cover a very 
few cases, of which I have one in mind. 

Mr. PADDOCK. It is simply an assignment of the general 
class. 

Mr. GALLINGER. I think there can be no objection to the 
amendment. 

The VICE-PRESIDENT. The question is on the amendment 
proposed by. the Senator from New Hampshire [Mr. Gallinger]. 

The amendment was agreetl to. 

The bill was reported to the Senate as amended, and the 
amendments were concurred in. 

The bill was ordered to be engrossed for a third reading, and 
read the third time. 

The VICE-PRESIDENT. Tho question is on the passage of 
the bill. 

Mr. GALLINGER. Before the passage ot the bill I desire to 
answer the interrogatory of the Senator from Louisiana [Mr. 
White], which was a very proper one. He asked as to the in- 
crease under this bill. I will state now that the report shows 
that the increase will be $796,128, but since that time I have had 
a communication from the Surgeon-General's Office, the tables 
in the report having been made up from the best available source 
at tho time the report was made. It occurred to mo that the 
Surgeon-General would know all about this subject, and I com- 
municated with him and have a definite report from him, which 
shows that the number stated in the report exceeds by 870 the 
actual number of pensioners, so that the amount stated will be 
decreased about 10 per cent. In other words, the increase un- 
der this bill will presumably be in the vicinity of $700,000. 

I desire to have incorporated in my remarks the letter from 
the Surgeon -General's Office, which may be of use in the future. 

The letter referred to is as follows: 

War DEPAKTMENT, SOKr.KON-GENERAL'S OFriCE, 

Washington, D. C, July 2, 1S91. 
Sib: In reply to your inquiry ot the 29th ultimo, I have the honor to re- 
port that on January 3t. 1892, there were on the rolls ot claimants for artia- 
cial limbs or commutation thereof: 
3,535 pensioners who have lost one arm each. 
24 pensioners who have lost both arms each. 
57 pensioners who hare lost one hand each. 
1 pensioner who has lost both hands. 
3. 657 pensioners who have lost one leg each. 
33 pensioners who have lost both logs each. 
87 pensioners who have lost one foot each. 
18 pensioners who have lost both teet each. 
13 of these pensioners have lost one arm and on© leg each. 
4 of these pensioners have lost one arm and use ot other. 
1 ot these pensioners has lost both arms .and both legs. 

1 of these pensioners has lost one leg au'l one hand. 

6 of these pensioners have lost one leg and tho other toot. 
4 of these pensioners have lost one leg and use of the other. 

2 of these pensioners have lost one leg and the use of one arm. 

Of the above 7,412 pensioners it is probable that 200 may have died during 



5788 



CONGRESSIONAL RECORD— SENATE. 



July 6, 



, the maWng up of the report, but of this fact my office had not been 



"°""very respectfully, your obedient servant 



C. SUTHERLAND, 

tSurijcon-Genfral United fltates Army. 

Hon. J. H. GALLINGEB, ,„ , . , „ ,, 

United states Senate, }\a.ilnnijtoii, V. t. 
The VICE-PRESIDENT. The question is on the passage of 
^ the bill. 

.The bill was passed. i *!,„ 

Jfi'he title was amended so as to read: "A bill to adjust the 
peVions of those who have lost limbs, or the use of them. 

DEADLY WEAPONS IN THE DISTRICT. 

Mr 19cj\IILLAN. I ask unanimous consent for the present 
consideration of House bill 8294, a bill relating to the District, 
which is very short. . . , 

Bv unanimous consent, the Senate, as in Committee of mo 
Whole, proceeded to consider the bill (H. R. 8294) to pvinish the 
carrying or selling of deadly or dangerous weapons withm the 
Dist'rict'ot Columbia, and for other purposes. 

Mr. WHITE. I should like to ask the Senator in charge of 
this bill what explanation is given of that clause in the bill 
which, whilst it prevents the carrying of concealed weapons, 
app -ars to leave it a matter of favoritism with a certain otticer 
to issue a permit to carrv them. In other words, if this is a 
penal statute, on what thcorv is a penal statute not made to ap- 
ply to all the citizens and a tribunal created by which there will 
be a favored class permitted to carry concealed weapons in the 

District? , ,,,,,, 

Mr. McMillan, it does apply to all, but there are ca.ses in 
which it might be necessary to have an exception. This is a 
very peculiar District. This bill is to protect the public gener- 
ally from people who are in the habit of carrying dangerous 
weai)ons and using them on all occasions. It is a very important 
bill which has had a great deal of attention from our committee 
and' also from the committee of the House. This is a House bill, 
and it is taken up in preference to the Senate bill. I think it a 
bill which is very important indeed to the District. 

Mr. WHITE. " With the greatest respect for the Senator and 
his views, I suggest if this is a general oeiial statute imposing a 
penalty upon all citizens, that the insertion in it of an exempting 
clause purely in tlie discretion of a magistrate.without any state- 
ment in the bill of the reason why he should o.xercise the discre- 
tion, leaving it solely to his judgment to license people to carry 
concealed weapons, is utterly out of keeping with the provisions 
of the bill. The very fundamental principle of criminal statutes 
is their universality. In other words, this propoe^ed statute 
makes the aet referred to a penal offense, and then gives a man 
who can furnish a bond the right to carry a weapon in the dis- 
cretion of a magistrate. 

Mr. WOLCOTT. I would say in reply to the Senator from 
Louisiana, that I think ho states the fact rather more broadly 
than the provisions of the bill quite warrant. 

The bill is a penal statute providing that no man in the Dis- 
trict shall carry concealed weapons, recognizing, however, as do 
the statutes of many of the States of the Union, and I think my 
own among the number— and I have seen such criminal statutes 
of other States— that there may be peculiar circumstances of 
threatened assault or otherwise, whore, for a limited time, it 
may be proper that one shall carry weapons. Instead of grant- 
ing general authority to any person who is able to give a bond 
to carry weapons, it is provided thata person who is in such dan- 
ger of attack as to lead him to believe that he should bo per- 
mitted to carry a weapon, must appear before the proper author- 
ity, and the proper authority, upon an investigation of the cir- 
cumstances, may, in his discretion, authorize the person for a 
limited time, not exceeding one month, to carry such weapon. 
The provision is one which I feel sure other S-mators will re- 
member is included in the statutes of many of the States of the 
Union. In my opinion it does not affect the constitutionality of 
the law, nor with the safeguards thrown around the permission 
to be given does it it in my mind operate to favor any class of in- 
dividuals, butissimply a bill pi-oviding generally for the prohi- 
bition of carrying deadly weapons, with the exception that under 
certain circumstances adiscretion to grant iiermission to do so is 
loft with the proper officials. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, and read the third time. 

Mr. MILLS. What is the question now before the Senate'? 
The PRESIDING OFFICER (Mr. Paddock in the chair). 
The question is on the passage of the bill. 
Mr. MILLS. Is the bill open to debate? 
The PRESIDING OFFICER. It is. 

Mr. MILLS. I desire to ask the friends of this measure what 
they do with this second amendment to the Constitution: 

The right of the people to lieep and bear arms shall not be infringed. 



It seems to me, Mr. President, that it is a natural right of a 
citizen to defend himself. I know that that provision of the Con- 
stitution has by Judge-made law been construed so as to inva<io 
and impair the rights of the citizen. All these laws— at least 
that has been my observation in noticing them — intended to se- 
cure the person of the citizen, result in rendering him more in- 
secure. 

What persons will obey this law? The best citizens in the 
country; the men whose lives are endangered by some assassin, 
but the assassin is not going to obey the law. He will carry con- 
coaled weapons in defiance of the law. You put the lives and 
pors-jnsof the best people, thelaw-abiding people of this country, 
at the mercy of these lawbreakers, and you render the citizens 
of the country more defenseless by depriving them of the natural 
right to carry the arms which are nec-'ssary to secure their per- 
sons and therr lives. 

I only wish to say, Mr. President— because it seems that this 
bill is going to pass almost by unanimous consent— that I shall 
ne\-er vote in this or any other legislative assembly for the de- 




dependence, which is the creed of our faith as a republican people, 
says that governments are organized to secure those rights and 
not to take them away from the people. 

This bill can have but one effect, and that is to put the law- 
abiding citizens of this District at the mercy of those who habit- 
ually break the law. 

The PRESIDING OFFICER. The question is on the passage 
of the bill. 

Mr WHITE. Is it too late to offer an amendment to the bill.'' 

The PRESIDING OFFICER. It is too late. 

Mr. WHITE. I do not agree with the Senator from Colorado 
[Mr. V/OLCOTt] as to the effect of this provision. The provision 
has the scope which I claim for it. The necessary effect of the 
bill is to prevent the carrying of concealed weapons and to leave 
it purely discretionary with the judge, without any statement 
whatever in the bill as to the reasons which should control him 
in determining who shall carry concealed weapons and who shall 
not. 

Provided /itrlher— 

Says the bill- 
That nothing contained in the flrst or second sections of this act shall be 
so construed as to apply to any person who shall have been granted a writ- 
ten permit to carrv such weapon or weapons by any judge of the police court 
of the District ot Columbia, and authority is hereby given to any such judge 
to'^rant such permit fur a period of not more than one month at any onetime, 
upon satisfactory proof to him of the necessity for the granting thereof. 

Here is an absolute and unlimited discretion in that judge. 
The reasons which are to bring his actions into play are not 
stated in the bill. It is a discretion as wide as his mind— per- 
sonal favoritism, personal friendship, considerations of intlu- 
ence, anything that will weigh upon his mind and enable him to 
give the permission. We have one class of citizens who come 
under the operation of a penal statute, and we have another class 
who are not reached by the penal statute, because in the unlim- 
ited, uncontrolled, and arbitrary exercise of discretion by a po- 
lice magistrate they are taken out of the reach of the criminal 
laws oflhe District. 

Why, Mr. President, it is an elementary aphorism in criminal- 
law statutes that the worst criminal statute in the world is that 
which allows judicial discretion to take citizjnsoutof the reach 
of the statute: and that is the best criminal statute which oper- 
ates universally uponeveryonecoming within its reach. If this bill 
contained a statement of the reasons by which the judge should 
act, if it prescribed the conditions which were to take a citizen 
out of the reach of the general law, there might be some pro- 
priety in it; but when it leaves it solely and absolutely to the ar- 
bitrary discretion of a police magistrate, I think the statute as a 
whole' is a bad one. Unless the provision to which I have ex- 
cepted shall bo stricken out from the bill, the proposed statute, 
I think, is bad and should not pass. 

Mr. WOLCOTT. The bill infers that the police magistrate 
would not grant the permit cxcopt upon the exercise of a dis- 
cretion. I think the bill might, to one inclined to be extremely 
critical, be op -n to the objection that some reasons should be 
given which should authorize the exercise of the discretion. If 
the Senator from Louisiana has an amendment— herose asking 
if it were too late to offer an amendment— to provide that the 
discretion shall be exercised only upon the well-grounded appre- 
hension of the party applying for it that his life or his pro))erty 
or the lives of his family are in danger, there is no objection to 
such an amendment. The provision as it stands does not, it seems 
to me, intrust too great a power to the police magistrate: but if 
he has such an amendment I have no doubt the chairman of the 
committee having the bill in charge would be glad to accept it, 



1892. 



CONGRESSIONAL RECORD— SENATE. 



5789 



In reference to what was said by the Senator from Texas [Mr. 
Mills] I do not know except by the public press how the law 
permitting' the carrying of weapons g-enerally operat<>s down in 
Texas, but I do know that in our cities of the North there is no 
law which serves so much in the interests of justice and the po- 
lice power and the preservation of the public peace as acts which 
prohibit the carrying of concealed weapons. The constitutional 
provision is not affected by such a law. This bill is intended to 
apply to the criminal classes in the alley's of Washington who 
carry razors in their pockets, wlio carry concealed weajions, and 
brass knuckles. It is intended to reach them, and it is not in- 
tended to affect the constitutional right of any citizen w'lO do- 
sires to obey the law. 

For my part, I think it is a very late day for anybody to claim 
that under the provisions of the Constitution of the United States 
we have no right to enact a law which shall prohibit assassins 
and thugs from carrying concealed weapons. Bearing arms and 
carrying concealed weapons are verv different things. 

The PRESIDING OFFICER. The question is on the passags 
of the bill. 

Mr. WHITE. On that I ask for the yeas and nays. 

Mr. HARRIS. If the Senator from Louisiana desires to offer 
an amendment I will ask the Senate to reconsider the vote by 
which the bill was ordered to a third reading so that it will bj 
in order for him tooffersuch amendmentasho desires to submit. 

The PRESIDING OFFICER. The Chair supposes that that 
may be done bj- unanimous consent. 

Mr. HARRIS. A motion to reconsider does not require unani- 
mous consent; but I take it for granted the Senate would give 
unanimous consent, so that the Senatorfrom Louisiana may offer 
such amendment as he desires. 

Mr. FRYE. Mr. President, has not the hour of 2 o'clock ar- 
rived? 

The PRESIDING OFFICER. The hour of 2 o'clock having 
arrived, the Chair will lay before the Senate the unfinished busi- 
ness. 

The Secret.\RY. A bill (S. 979) for the development and on- 
couragementof silk cultui-e in theUnitcd States, under the super- 
vision of the Secretary of Agriculture. 

Mr. COCKRELL. I ask that the unfinished business be tem- 
porarily laid aside. 

The PRESIDING OFFICER. The Senator from Missouri 
asks that the unfinished business be temporarily laid aside in 
order to proceed with the Calendar, 

Mr, COCKRELL. In order to finish the pending bill, 

Mr. FRYE, If that is going to take any time, I desire to sub- 
mit a conference report. 

Mr. COCKRELL. The Senator can submit it during the 
pendency of the bill. 

Mr. HARRIS. A conference report has the right of way at 
any time. 

Mr. FRYE. I am aware that it has. Still I did not wish to 
disturb the bill if it was to be concluded immediately. 

The PRESIDING OFFICER. Is there objection to the re- 
quest of the Senator from Missouri? Tha Chair hears none. 

INDIANS .'^T QCAPAW AGENCY. 

Mr. MORGAN. I hope the Senator will withhold his request 
for a moment. The bill (S. 3030) to provide for the allotment of 
lands among the several Indian tribes in the Quapaw Ag-ency, 
in the Indian Territory, and for the sale of surplus lands of such 
tribes, and for the creation of the caunty of Cayuga, in the Ter- 
ritory of Oklahoma, and for other purposes, was set down as a 
special order for the 15th day of .Tunc. Sinc3 that order of the 
Senate was taken a demand has been made upon the Committee 
on Indian Affairs to e.xtend an investigation that this body or- 
dered to be made in regard to the subject-matter of the bill. I 
had the honor to report the bill under the instruction of the 
Committee on Indian Affairs. I wish to ask the unanimous con- 
sentof the Senate to change the order to next Monday at .o'clock, 
so that the Committee on Indian Affairs may hear what the oji- 
position to the bill have to say. They insist upon being heard, 
and it is only for that purpose that I make the request. The 
committee are entirely satisfied with the bill as it stands, but 
we think it is proper to give them a showing. I ask that the or- 
der be changed from .Tune 1.^ at 2 o'clock to next Monday at 2 
o'clock, and that the bill be made a special order for that time. 

The PRESIDING OFFICER. The Senate has heard the re- 
quest of the Senatorfrom Alabama. Is there objection to unani- 
mous consent? The Chair hears no objection, and that order 
will be made. 

DEADLY WEAPONS IN THE DISTRICT. 

Mr. WOLCOTT. Do I understand that there is objection to 
laying aside the unfinished business in order that we may con- 
elude the little District bill which was under consideration at 2 
o'clock? 



Mr. COCKRELL. There is no objection to that. 

The PRESIDING OFFICER, No objection has been made. 
The bill is still before the Senate, the unfinished business having 
teen laid aside temporarily. The question is on reconsidering 
the vote by which the bill was ordered to a third reading. 

Mr. HARRIS. I made no motion. I .caid if the Senator from 
Louisiana desired to offer an amendment I would so move, but 
the Senator from Louisiana has not indicated whether he de- 
sires to move an amendment. 

Mr. WHITE. I will make that request; but in order that gen- 
tlemen may vote intelligently on the request when I make it I 
win state that I move to reconsider fur the purpose of moving to 
strike out the proviso entirely, so as to leave the law general in 
its operation. 

The PRESIDING OFFICER. The question is on the motion 
to reconsider the vote by which the bill was ordered to a third 
re:uling,forthepuri)Os_> iudicat'd by the Senator from Lo\iisiana. 
Is the S^nat.' ready for the question? [Putting the question]. 
The noes seem t.) have it. The noes have it, and the motion to 
reconsider is not a'jreed to. The question recurs on the passage 
of the bill, on whioli the yeas and nays have been demanded. 

The yeas and nays wore ordered, and the Secretary proceeded 
to call the roll. 

Mr. BERRY (when his name was cdUed). I am paired with 
the Senator from Colorado [Mr. Teller]. 

Mr. WHITE. Is the vote on the question to reconsider or on 
the questijn of i)as.<age? 

Mr. HARf?lS. It is on the passage of the bill. 

The PRESIDING OFFICER. The (luestion is on the passage 
of the bill. 

Mr. PASCO. No one in this part of the Chamber heard the 
decision o;' the Chair upon the motion of the Senator from 
Louisiana to reconsider. 

The PRESIDING OFFICER. Tho Chair annoimced its de- 
cision, stating that the noes seemed to have it and that tho noes 
had it, 

Mr, PASCO, That was not heard in this part of the Chamber. 

l\Ir. AVHITE. We did not hear it here, sir. 

The PRESIDING OFFICER. By uiumimous consent the vote 
will be taken again. 

Mr. CAMERON. I object to that. Let us vote on the final 
passage of the bill. 

The PRESIDING OFFICER. Objection is made, and the 
roll call will proceed. 

Mr. COCKRELL. What is the question? 

Tho PRESIDING OFFICER. On the passage of the bill. 

The Secretavy r sumed the call of the roll. 

Mr. CARL'^SLE (when his name was called). I am paired 
with the Senator from Ohio [Mr. SHERMAN]. 

Mr. COLQUITT (when his name was called). I am paired 
with the Senator from Iowa [Mr. Wilson]. 

Mr. DOLPH (when his name was called). I am paired with 
the senior Senator from Mississippi [Mr. George]. I do not see 
him in the Chamber, and I withhold my vote. 

Mr. HARRI.S (when his name was called). I am paired with 
the Senator from Vermont [Mr. MoRRiLL]. If ho were present 
I should vote ''yea.'' 

Mv. McMillan. I know that the Senator from Vermont 
[Mr. Morrill] would vote '"yea.'' I think the -Senator from 
Tennessee can vot-e. 

Mr. HARRIS. If the Senator from Michigan gives assurance 
that the Senatorfrom Vermont [Mr. Morrill] would vote "yea" 
I will record my vote. I vote " y-ja.'' 

Mr. McMILL.-VN. I give t'nat assurance, that the Senator 
from Vermont would vote "yea." 

Mr. HIGGINS (when his name was callod'i. I am paired with 
the senior Senator from New Jersey [Mr. McPherson]. If he 
were present I should vote "yea." 

Mr. QUAY (when his name was called). I am paired gener- 
ally with the Senator from West Virginia [Jlr. Faulk.n'er]. I 
am not aware of his views upon tho bill, and therefore withhold 
my vote. If he were present I should vote "yea." 

Mr. WALTHALL (when his name was called). I am paired 
with the junior Senator from Rhode Island [Mr. DixoxJ. 

The roll call was concluded. 

Mr. QUAY. I am assured by the Senator from Michigan [Mr. 
McMillan] that the Senator iVom West Virginia [Mr. Faulk- 
ner] favors the bill, and with that assuranca I vote "yea." 

Mr. PASCO. I am paired with tlie Senator from North Da- 
kota [Mr. Casey]. 

Mr. HIGGINS. This does not seem to te a party question; 
there is no quorum voting, and I think I will take the liberty of 
voting, notwithstanding the absence of the Senator from New 
Jersey [Mr. McPherson]. I vote "yea." 

Mr. DOLPH. I am paired witli the senior .Senator from Mis- 
sissippi [Mr. George]. I understand that the junior Senator 



5790 



CONGRESSIONAL RECORD— SENATE. 



July 6, 



from Mississippi [Mr. Walthall] is paired with the junior 
Senator from Rhode Island [Mr. DIXONJ. If agreoablo to him, 
we will transfer our pairs and both vote. 

Mr. WALTHALL. Very well. 

Mr. DOLPH. I vote "yea." 

Mr. WALTHALL. I vote "nay." 

Mr. BERRY. With the consent of the Senator from Colorado 
[Mr. W'olcott] who is present 

]\Ir. WHITE. I call for the announcement of the vote. 

Mr. BERRY. I do not like to be taken off the the floor when 
making a statement about a pair, with all respect to the Senator 
from Louisiana. 

The PRESIDING OFFICER. The Senator from Arkansas 
will proceed. 

Mr. BERRY. I say, with the consent of the Senator from 
Colorado, who is present, while I do not know how his colleague 
[Mr. Teller] would vote, I will vote "yea" on the passage of 
the bill. 

Mr. WOLCOTT. I can state that my colleague [Mr. Tellek], 
if present, would vote "yea" on tlie passage of the bill. 

Mr. MANDERSON. I ask whether the Senator from Ken- 
tucky [Mr. Blackburn] has voted? 

The PRESIDING OFFICER. He has not voted. 

Mr. MANDERSON. Is my vote needed to make a quorum? 

The PRESIDING OFFICER. It is needed. 

Mr. MANDERSON. I am paired with the Senator from Ken- 
tucky [Mr. Blackbukn], but I will vote to make a quorum. I 
vote'" yea." 

The result was announced — yeas .34, nays 13; as follows; 









yeas— 34. 




Aldrlch, 




Davis, 


Hunton. 


Sawyer, 


Allen, 




Dolph, 


Jones, Ark. 


.Shoup, 


Allison, 




Dubois, 


Kvle, 


Stookbridge 


Berry, 




Feltou, 


McMillan, 


VUas, 


Cameron 


< 


Frye, 


Manderson, 


Warron, 


Carey. 


Gallinger, 


Paddock, 


Washburn, 


Chandler 


Hausbrougli, 


Pettigrew, 


Wolcott. 


Cocltrell, 


Harris, 


Proctor, 




Cullom, 


Hlggius, 


Quay, 






ID 




NAY.S- 13. 




Bate, 


(U 


Gorman, 


Tui'pie, 


White. 


Call, 


CO 


Gray, 


Vest, 




Coke, 


. . 


Mills, 


Voorliees, 




Daniel, 


o 


Piatt, 


Waltliall. 








NOT VOTING— 11. 




Blackbui 


CO 


Gibson, La. 


McPberson, 


Sanders, 


Blodgett, 


Gibson, Md. 


Mitchell, 


Sherman, 


Brice, 


Gordon, 


Morgan, 


Squire, 


Butler, 


t- 


Hale, 


Morrill, 


Stanford, 


Carlisle, 


o 


Hawley, 


Palmer, 


Stewart, 


Casey, 


u. 


Hill, 


Pasco, 


Teller, 


Colquitt, 




Hiscock, 


Pcffer. 


Vance, 


Dawes, 




Hoar, 


Perkins, 


Wilson. 


Dixon, 




Irby, 


Power, 




FaiUlmei 




Jones, Nev. 


Pugh, 




George, 




Kenna, 


Kansom, 




So the bill 


was passed. 







RIVES AND HARBOR APPROPRIATION BILL. 

Mr. FRYE submitted the following report: 

The committee of conference on the disagreeing votes of the two Houses 
on the amendments of the Senate to the bill (H. R. 7820) making appropria- 
tions for the construction, repair, and preservation of certain public works 
on rivers and harbors, and forotherpurposes, having met, after lull and tree 
conference have agreed to recommend and do recommend to their respective 
Houses as follows: 

That the Senate recede from its amendments numbered 20, 20, 40, 55, 04, 91, 
93, 99, 103, 104, 107, 133, 129, 130. 131, ISi, 136, 140, 143, 154, 155, 150, 157, 158, 159, 101, 
165, 169, 185, 188, 189, 193. 190. 209, 210, 213, 225. 

That the House recede from its disagreement to the amendments of the 
Senate numbered 1, 3, 3, 4, 5, 6, 7, 8, 9, 10, II, 13, 13, 14, 15, 16, 17. 18, 19, 31, 23, 84, 
25, 28, 29, 31, 32, 34, 35, 36, 37, 38, 39, 41, 42, 43, 45, 47, 48, 49, 61, 53, 51, 56, 57, .58, ,59, 
61. 63, 63, 65, 66, 67, 68, 69, 70, 71, 73, 73, 74, 75, 76, 77, 78, 79, 81. 82, 83, 84, 85, 86, 87, 
68, 89, 90, 93, 94, 9.5, 96, 97, 98, 100, 101, 103, 105, 106, 108, 109, 110, 111, 113, 113, 114 
115, no, 117, 118, 130, 131, 122, 124, 13.5, 120, 137, 128, 133, 133, 137, 138, 139, 141, 143 
144, 145, 146, 1.50, 103, 103, 164, 166, 170, 171, 173, 174, 175, 176, 178, 179, 180, 181, 183 
183, 184, 186, 187, 190, 191, 193, 194, 195, 197, 198. 199, 200, 201, 203, 203, 204, 200, 207 
208, 212, 214, 215, 21G, 217, 218, 219, 230, 231, 232, 224, 236, 237, and agree to the 
same. 

Amendment numbered 22 : That the House recede from its disagreement 
to the amendment of the Senate numbered 23, and agree to the same -svlth an 
amendment as follows: lu lieu of the paragraph proposed insert the follow- 
ing: 

"Improving Bay Ridge Channel in Gow.anus Bay, New York Harbor, New 
Y'ork: Completing improvement, $98,600." 

And the .Senate agree to the same. 

Amendment numbered 27; That the House recede from its disagreement 
to the amendment of the Senate ntunbered 37, and agree to the same with an 
amendment as follows: Strike out the matter proposed to be inserted and 
Insert in lieu thereof the following: " That before any Government money 
shall be expended in the improvement of this harbor, or any of its approaches, 
the owners of the basin forming the harbor, and the channel or canal lead- 
ing thereto or connecting said harbor v,'ith Cherrystone Inlet, shall execute, 
or cause to be executed, and file with the Secretary of War, .an instrument 
in wi'iting satisfactory to the said Secretary of War, giving to any and all 
vessels, upon any and all occasions for all time to come, the right to enter 
and remain in said harbor and transact business therein without charge, ex- 
cept legitimate, usual, and reasonable wharf charges, to bo determined by 
the Secretary of War In event of disagreement, and shall further legally 
dedicate or cause to be dedicated to public use an approach to the wharves 



of said harbor from the nearest public highway of not less than 40 feet In 
width, to be approved by the Secretary of War;" and the Senate agree to 
the same. 

Amendment numbered 30: That the House recede from its disagreement 
to the amendment of the Senate numbered 30, and agree to the same with an 
amcnilmont as follows: In lieu of the sum proposed insert '-$170,000;" and 
111-' Senat,- ;(,gree to the same. 

Amendment numbered 33: That the House recede from its disagreement 
to the amendment of the Senate numbered 33, and agree to the same with an 
amendment .as follows: In lieuof the sum jiroposed insert "$3,831,350;" and 
the ,Senate agree to the same. 

Amendment numbered 40: That the House recede from Its disagreement to 
the amendment of the .Senate munbered 40, and agree to the same with an 
.amendment as follows: In lieuof the sum iiroposed insert "$10,090; "and the 
Senate agree to the same. 

Amendment numbered 44 : That the House recede from Its disagreement to 
the amendment of the .Senate numbered 44, and agi'ce to the same with an 
amendment as follows: In lieu of the sumprojiosed Insert "$C0,00O;" and the 
Senate agree to the same. 

Amendment numbered 50; That the House recede from its disagreement 
to the amendment of the .Senate numbered 50, and agree to the same with an 
amendment as follows: In lieu of the amendment i^roposed by the Senate 
insert .after the word "dollars" a comma and the following words; "apor- 
tion of which may, in the discretion of the Secretary of War, be used in 
dredging in Superior Bay along the dock line between the Quebec channel 
and the main channel opposite the base of Connors Point;" and the Senate 
agree to the same. 

Amendment numbered 53 ; That the House recede from its disagreement to 
the amendment of the Senate numbered 53, and agree to the same with an 
amendment as follows: Strike out the entire iJaragraph, being lines 20 to 24. 
inclusive: and the Senate agree to the same. 

Amendment numbered CO: That the House recede from its disagreement to 
the amendment of the Senate numbered 60, and agree to the same with an 
amendment as follows: In lieu of the sum proposed Insert "$10,000;" and 
the Senate agree to the same. 

Amendment numbered 80: That the House recede from its disagreement 
to theamendmeiU of the Senate numbered 80, and agree to the same with an 
amendment as follows: Strike out the period at the end of the proposed 
amendment, insert a comma and the words " to be expended in the improve- 
ment of the natural channel ; " and the ,Senate agree to the same. 

Amendment numbered 119: That the House recede from its disagreement 
to the amendment of the Senate ntrmbered 119, and agi-ee to the same with an 
amendment as follows : In lieu of the sum proposed insert " $15.0000;" and the 
Senate agree to the same. 

Amendment numbered 134; That the House recede from Its disagreement 
to the amendment of the Senate numbered 134, and agree to the same with an 
amendment as follows: Strikeout the word "titles" and Insert the word 
"title;" strike out the word "dams" and insert the word "dam;" strikeout 
the comma after the word " two " and insert a period, and strike out the fol- 
lowing words: "three, four, and five;" and the Senate agree to the same. 

Amendment numbered 147: That the House recede from its disagreement 
to the amendment of the Senate numbered 147, and agree to the same with 
an amendment as follows : Strike out the language proposed to be Inserted 
in lines 10 to 14; and in line 2.'. In Hen of the sum proposed insert "$1,625,- 
000;" and the Senate agree to the same. 

Amendment numbered 148: That the House recede from Its dis.agreement 
to the amendment of the Senate numbered 148, and agree to the same with 
an amendment as follows: In lieu of the sum proijosed insert "$5:25,000;" and 
the Senate agree to the same. 

Amendment luimbi-rod 149: That the House recede from Its disagreement 
to the amendment of the Senate numbered 149, and agree to the same with 
an amendment .as follows: In lieu of the sum proposed insert "$600,000;" and 
the Senate agree to the s:ime. 

Amendment numbered 151: Th.at the House recede from its disagreement 
to tlie amendment of the Senate numbered 151, and agree to the same with 
an amendment as follows: After the word "war," in lino 13, Insert the fol- 
lowing: " Shall cxpenii .$,50,000 of said $COO,000 between the Chicago, St. Paul, 
Miime;ipolis, and Om;iha K;illroad bridge at St. Paul, and the VVashington 
avenue bridge. Minneapolis, and; " and the Senate agree to the s.ame. 

Amendment munbered 153; That the House recede from its disagreement 
to the amendment of the Senate numbered 152. and agree to the same with 
an amendment as follows: In lieu of the sum proposed Insert "$600,000; "and 
the Senate agree to the same. 

Amendment numbered 153: That the House recede fi-om lis disagreement 
to the amendment of the .Senate numbered 153, and agi-ee to the same with 
amendments as follows: In lieu of the sum proposed, in lines 15 and 16, In- 
sert "?2,000,000; " and in lieu of the sum proposed on i^age 01, lines 7 and 8, 
Insert "$3,605,000; " and the Senate agree to the same. 

Amendment numbered 160: That the House recede from its disagreement 
to the amendment of the .Senate numbered 160, ami agree to the same with 
au amendment as follows: Restore the paragraph proposed to be stricken 
out and insert after it the fcjllowing paragraph: 

"At the harbor of New M:ulrid. Mo., $25,000." 

And the Senate agree to the s;iine. 

Amendment numbered 167: That the House recede from Its disagreement 
to the amendment of the Senate numbered 167, and agree to the same with 
an .amendment as follows; Strike out the proviso proposed on page 04, lines 
8 to 20: and the Senate agree to the same. 

Amendment ntrmbered 168: That the House recede from Its disagreement 
to tlie amendment of the Senate numbered 168, and agree to the same with 
an amendment as follows; strike out all of the proposed paragraph after 
the word' " view," in line 22. and insert in lieu thereof the following ; " Of de- 
termining at what points, if any, use might be made of water power forman- 
ufactnring or other purposes, without unreasonably impairing the naviga- 
bility of that portionof said river, $2,500;" and the Senate :iKrce to the same. 

Amendment numbered 173: That the House recede from its disagreement 
to the amendment of the Senate numbered 173, and agree to the same with 
an amendment as follows: Strike out the language proposed by the Senate, 
and in lieu thereof insert the following: 

"The President is hereby authorized to appoint a board of engineers, to 
consistof seven members, of whom three shall be from civil life, whose duty 
it shall be to thoroughly examine the obstructions to navigation in the Co- 
lumbia River, in that portion from the navigable waters t hereof below Three 
Mile Rapids to the navigable waters above the Celilo F;ills, and report as 
soon as they conveniently can, to the Secretary of War, such plan for over- 
coming or removing said obstructions as in their opinion Is most feasible 
and best adapted to the necessities of commerce, together with a statement 
as to the usefulness of such improvement to navigation, its relation and 
\alue to commerce, and the most desU'able location therefor, the cost of con- 
struction and of the right of w.ay, including the necessary land therefor be- 
ing considered. They shall also report the details of such plan, with careful 
estimates of Its cost. The sum of $30,000, or so much thereof as may be nec- 
essary, is hereby appropriated to defray the cost of such examination and 
sm-vey and the expenses of said board." 



1892. 



CONGRESSIONAL RECORD— SENATE. 



5791 



And the Senate afrree to the same. 

Amendment numbered 177 : That the House recede from its disagreement 
to the amendment of the Senate numbered 177, and agree to the same with 
an amendment as follows; After the word "dollars" insert the following: 
"To be applied to obtaining a 25-Ioot channel; " and the Senate agree to the 
same. 

Amendment numbered 205; That the House recede from its disagreement 
to the amendment of the Senate numbered 205, and agree to the same with 
an amendment as follows: In Ueu of the paragraph i)ropo5cd insert the fol- 
lowing: 

"Fort Pond Bay, at the east end of Long Island, including an estimate of 
the cost of an adequate breakwater." 
And the Senate agree to the same. 

Amendment numbered 811: That the House recede from its disagreement 

to the amendment of the Senate mimbered 211, and agree to the same with 

an amendment as follows: Strike out the language proposed after the word 

' "river" and in lieu thereof Insert the following: •■ Above Oregon City; " and 

the Senate aeree to the same. 

Amendment numbered 233: That the House recede from Its disagreement 
to the amendment of the Senate numbered 223, and agree to the same with 
an amendment as follows: After the paragi'aph proijosed insert the follow- 
ing paragraph : 

•■ Upper Columbia River, Washington, from the international boundary to 
Kotli Island Rapids." 
And the Senate agree to the same. 

WM. P. FRYE, 
M. W. RANSOM, 
Managers on the part of the Senate. 
NEWTON C. BLANCHABD, • 
T. C. CATCHING S, 
THOS. J. HENDERSON, 
Managers on th^jiart of the Souse. 
The report was concurred iu. ' 

ENCDUKAGEMEMT OF SILK CULTURE. 

The PRESIDING OFFICER. The unfinished business will 
I be proceeded with. 

[ The Senate, as in Committee of the Whole, resumed the con- 
! sideration of the bill (S. 979) for the development and encourage- 
ment of silk culture in the United States, under the supervision 
of the Socretarv of Ao-riculture. 

The PRESIDING OFFICER. The bill has been read at length 
before and amended as in Committee of the Whole. The ques- 
tion is on agreeing to the amendment of the Committee on Ag- 
riculture and Forestry as amended. The Chair suggests that 
the Senator from Mississippi [Mr. George], who has charge of 
the bill, does not seem to be at this moment in the Chamber. 

Mr. VEST. Let the bill go over. 

Mr. FRYE. If necessary, instead of going over, let it be t3m- 
porarUy laid aside, as it is the unfinished business. 

The PRESIDING OFFICER. The bill will be temporarily 
laid aside, and the first bill on the Calendar under Rule VIII 
■will be announced. 

Mr. PEFFER. I wish to inquire what becomes of the bill in 
relation to silk culture. 

The PRESIDING OFFICER. It is temporarily laid aside on 
account of the absence of the Senator from Mississippi [Mr. 
George], who is in charge of the bill. The first bill on the 
Calendar will be stated. 

BILLS PASSED OVER. 

The bill (S. 3133) to incorporate the Washington, Fairfax and 
Alexandria Railway Company was announced as first in order 
on the Calendar. 

The PRESIDING OFFICER. The bill will be passed over, 
as the Senator ia charge of it is not present, and the next bill 
on the Calendar will be stated. 

The bill (S. 770) for the better protection of the public service 
was announced as next in order on the Calendar. 

Mr. WALTHALL. The Senator who reported that bill is ab- 
sent, and I think it had better go over, and also the two follow- 
ing bills, Senate bill 1598 and Senate bill 30i2. 

The PRESIDING OFFICER. The bills indicated, being ob- 
1 jected to, will go over. The bills are to retain their places on 
the Calendar? 

Mr. WALTHALL. Yes, sir. 

The PRESIDING OFFICER. The bills will go over without 
prejudice, retaining their places on the Calendar. 

The bill (S. 2815) regulating the sale of distilled and fermented 
liijuors in the District of Columbia was announced as next ij 
order on the Calendar. 

The PRESIDING OFFICER. The Senator who reported 
this bill does not seem to bo present. If no other Senator can 
vouch for him the bill will be passed over without prejudice, 
and the next bill on the Calendar will be announced. 

HOT SPRINGS RESERVATION. 

I The bill (H. R. 7688) to grant lot No. 1, in block No. 72, of the 
I Hot Springs Reservation, to the school district of the city of Hot 
Springs for school purposes, was considered as in Committee of 
• the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 



JABEZ BURCHARD. 

Mr. CAMERON. I see that the Senator from New Hampshire 
[Mr. Chandler] is in his seat to-day, and I ask that the bill (S. 
262) for the relief of Jabez Burchard, which was passed over, be 
now considered. 

The PRESIDING OFFICER. Is there objection to the re- 
quest of the Senator from Pennsylvania? The Chair hears none, 
and the bill is before the Senate. The question is on the passao-e 
of the bill. 

Mr. CHANDLER. The bill should b3 passed as originally re- 
ported to the Senate, and the amendment should be reconsidered. 

The PRESIDING OFFICER. The Senator from New Hamp- 
shire will please indicate the amendment. 

Mr. CHANDLER. The bill should pass as it was origiuallj' 
reported from the committee, and the amendment that was 
agreed to in the Senate should be reconsidered. 

Mr. CAMERON. There are two amendments. 

The PRESIDING OFFICER. The amendments will be stated. 

The Secretary. The amendments made in the Senate on tho 
2d of June arc after the word ''which," in line G, to strike out 
the words ''with payments heretofore made to him; •' and inline 
12 to strikeout "date of his retirement by said naval board" 
and insert '• passage of this act; " so as to make the bill read: 

/Ir it enacted, etc.. That the proper acoounting ofQcers of the Treasury he, 
and they are hereby, authorized and directed to allow Jaliez Burchard, as- 
si.staut engineer on the retired list of the United States Navy, an amount 
which will be equal to 75 per cent of the sea pay of the grade or r.ank held by 
him at the date t;f his retirement by a naval board of the United States 
Na%-y. said amomit to be paid out of any money in the Treasury not other- 
wise appropriated, and to take effect from and after the passage of this act. 

The PRESIDING OFFICER. The vote by which the bill was 
oi'dere;! to a third reading will bo reconsidei-ed, if there be no 
objection. The vote is reconsidered, and also the votebj' which 
the amendments, which have been stated, were agreed to. 

The question recurs on agreeing to the amendments made by 
the Senate. 

The amendments were rejected. 

The bill was ordei-ed to be engrossed for a third reading, read 
the third time, and passed. 

PRESIDENTIAL APPROVAL. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of his Secretaries, announced that the Presi- 
dent had on this day approved and signed the act (S. J768) to al- 
low thirty days leave of absence to employes in the Bureau of 
Engraving and Printing. 

HIGHWAYS IN ARID REGIONS. 

The PRESIDING OFFICER. The Calendar will be proceeded 

with. 

The bill (S. 3071) reserving easements for common highways 
iu the arid States and Territories was considered as in Commit- 
tee of the Whole. 

The bill was reported from the Committee on Public Lands 
with amendments, in line 4, after the word "around," to insert 
"and bounded by:" iu line 5, before the word "'public," to insert 
"arid;" inline 6,l}efore theword '"States," to strike out "arid;" 
in the same line, after the word "Territories," to insert " in the 
so-called arid regions;" in line 9, after the'word "State," to in- 
sert " or Territory;" and in line 10, after the word "situate," to 
strike out "or the State which may b3 created out of any Terri- 
tory in which such easement is situate;" so as to make the bill 
read: 

Beit enacted, etc.. That tor public common highways there is hereby de- 
clared and reserved au easement 50 feet in width around and bounded by 
the exterior limits of each section of arid public land in tho States and Ter- 
ritories iu the so-called arid regions, and no patent for any jiublic lands de- 
scribed by rectangular sm*veys"shall be so construed as to convey such ease- 
ment to the i^ateutee as against tho Unttort .stales, the State or Territor.y in 
which such easement is situate, but the State in which such land so sub- 
.ieclcd to such easement is situate may change the location of such highway 
or abolish the siime upon payment to any person or persons of such damage 
as such person or persons will suffer thereby, and on like conditions such 
easement shall be subject to change by the legislative authority of the State 
or Territory in which the same is situate to another public use of equal or 
greater publlj^tility if it shall be deemed desirable, but thi-s act shall not 
iitfiifit I0ff0nn^^ now filed on and occupied by qualified settlers under the 
laud laws OttH' United .States, so far as such settler is concerned. 

The amendments were agreed to. 

Mr. COCKRELL. Let the report be read. 

The PRESIDING OFFICER. The report will bo read. 

The Secretary read the following report, submitted by Mr. 
Sanders May 17, 1892: 

The Committee on Public Lands, to which was referred Senate bill 3071, 
'A bill reserving easements for common highways in tho arid States and 
Territories," have had tho same under consideration and be£: leave respect- 
fully to report as follows: 

Amend the bill by inserting after the word " around," in the fourth line, 
the words "and bounded by." Before the word " public." in the fifth Une, In- 
.sert theword "and." That the w-ord ".arid," in the fifth line, tje changed to 
the word"the." That after the word "Territories," in the sixth line, the 
words "in the so-called arid regions" be Inserted. That before the word 



5792 



CONGRESSIONAL RECORD— SENATE. 



July (>, 



"111 " in Ihe ninth line, the words "or Territory" be Inserted. That the 
■n-or'ds in the ninth and tenth lines where they consecutively occur, " or the 
state which may be created out of any Territory in which such easement is 
situate " he stricken out. Also, strike out all of lines II, 12. 13, 14, 1.5, Hi, 17, 
And dnmi to and including the word " desirable" in the eighteenth line of 
the bill as printed, and insert in lieu thereof the following: " That said higli- 
w.ay shall be sub.)cct in all respects to the law.s ol the State or Territory 
where the same is located as are other highways created under the laws of 
said State or Territory;" and as so amended your committee recommend 
that the bill do pass. 

Mr. PLATT. The report does not shed very much light on 
the bill. I should like to have the bill as it has been amended 
read, so that we may know how it will read if it passes with 
the amendments which have been made. 

The PRESIDING OFFICER. The bill appears not to have 
been printed so as to .«ihow the exact form of the amendments. 
The report calls for an amendment to the bill that does not ap- 
pear in the print. The Senator from Montana [Mr. SANDERS], 
who reported the bill, will be able to inform the Chair. 

Mr. COCKRELL. The last amendment stated in the report is 
not printed in the bill. 

Mr. CAREY. I do not want to object t3 this measure, but I 
certainly should like to understand it. It effects, I believe, the 
entire arid region. I should like to ask the Senator who has 
charge of the bill a question. Is it proposed to reserve an ease- 
ment for a public road around the exterior line of every section 
of land? 

Mr. SANDERS. Every section of public land not now occu- 
pied. It reserves an casement 50 feet in width in the arid re- 
gions for a public highway. 

Mr. CAREY. In the States as well as the Territories':" 

Mr. SANDERS. It applies to the public lands in the arid re- 
gion whether in a State or Territory. 

Mr. President, I do not wish to occupy the time of the Senate, 
but if it is desired I will explain the views of the committee 
with reference to the bill. 

Confessedly when a country is settled there should be public 
highways in it, and ordinarily it may be said that they should 
be within 1 mile of each other for convenience of access to and 
egress from the various places where neighbors desire to travel. 
Heretofore it has been the custom of the United States to sell 
the entire lands and to devolve upon the communities themselves 
thereafter the burden of condemning land for the uses of public 
highways. It was deemed by the committee wisest that there 
should be reserved from each section around its exterior limits 
a tract of ground which should be wide enough to constitute a 
highway. It will operate over a very considerable extent of 
country where one-half of the land is already owned by jn-ivate 
indivicluals or corporations, and will leave a highway 50 feet in 
width to be taken off from the section which is not so privately 
owned. It is a width not sufficient i^robably to constitute a con- 
venient highway, but one nevertheless which would be very ma- 
terially useful in the absence of the capacity of the community 
to condemn the land and pay for it; they could get along with- 
out widening it. The bill does not in any way or manner aflect 
any section of land now owned or occupied by any person, so far 
as that occupancy is concerned. 

I do not affect to conceal that the most potent argument for 
the passage of the bill arises outof a desire to secure to the uses of 
the public the streams in the arid region. The condition of the 
law is such now that individuals can go upon the public domain 
and enter IfiO acres in each section, or even SO acres in each sec- 
tion, or even 40 acres in each section for that matter, provided 
the lines of the streams conform to the lines of the sections, and 
to all intents and purposes be the owner of C40 acres of land. If 
they are permitted to become the owners continuously of the 
streams that run in the arid region there is not a particle of value 
to be attached to the rest of the land except to the persons who 
thus own the streams. 

The significance of the bill is much greater in the arid region 
than it is anywhere else. It will occur, if the bill passes, that 
there is reserved a public highway which will cross a stream 
every mile, or every mile and a half, throughout that country. 
So far as the bill itself will operate — and I undertake to say that 
in the interest of the small settlers and in a larger view in the 
interest of the people of the United States who are interested 
that the country shall be settled, that the public land shall be 
sold and sold to actual occupants, and shall be enabled by those 
occupants to be utilized for all the i3uri:)oses for which it can be 
vitilized, this bill is one of vital importance to that region and to 
all the people of the country. 

There is scarce any use of standing on this floor and under- 
taking to enlarge upon the importance of preventing people from 
going upon the public domain and by owning narrow strips of 
land virtuallyshut out settlers from immense tracts of country. 
Cicero, in or.c" of his orations, recites a poem that was even then 
ancient, which contains an adage as to moral duty, that we 
Bhould debar no man from the running streams. The bill is in 



the interest of securing the use of the running streams at cer- 
tain i)oints along them 1 1 all the citizens who may oceujjy that 
vicinity. It is in behalf of the small settler; it is in behalf of 
the small farmer; it is iu behalf of the marketable value of the 
public domain of the United States that such a law as this is 
recommended and ought to be passed. 

If anybody is interested in gathering up the streams and nar- 
row strips of land on each sid j of them and inclosing them with 
fences, and doing this for many miles, they ought to vote against 
this bill. If anybody's constituents think that is a wise method 
to permit to be pursued, I think their oviposition to this bill 
would be justified. But it is perfectly certain that this condi- 
tion of settling the public domain is being very aetively followed 
out now, and that there are immense tracts of country owned by 
the United States impossible to be sold, because we liave here- 
tofore permitted individuals to secure these streams which alone 
make them valuable, or alone permit them to be occupied. 

I shall not be able to convince Senators of the extent to which 
this practice has already gone on. Tracts of country 10, 1.5, and 
20 miles wide, deprived of the contiguous streams that are nat- 
urally appurtenant to them, can not be sold by the United States, 
are of no value to the United States, and are not a particle of 
value to the settler who would desire to go upon them unless 
they are the fortunate people who have secured locations along 
the streams on either side ol them. I think such a condition of 
affairs as that ought not to be permitted; and while this bill 
does not vmdertake to interfere with such rights as have hereto- 
fore been acquired, and does not even undertake to deny to indi- 
viduals who have gone upon the public domain, and are now there 
in anticipation of securing such rights, the privilege of complet- 
ing their titles, it does provide that as to those sections of land 
that are unoccupied in that region of country hereafter there 
shall be no monopoly of the public streams. This is done, in- 
deed, under the guise of a highway, as useful for the passage of 
pedestrians and the citizens who shall occupy the country as for 
the passage of cattle and horses and sheep that will go to the 
streams for the water necessary for their existence. 

It is on such considerations as the-e that the Committee on 
Public Lands was of theopiniou thatit was wise here andnowto 
pass such a law as this, to remit the change of this highway here- 
after, the abolition of it, indeed, if the public interests should seem 
to so require, by the State or Territory in which the easement is 
reserved. Everything is remitted to the people themselves ul- 
timately to determine; but the Government simjily says it will 
reserve' the easement, and that the patents which they shall issue 
for these lands shall not be interpreted or held or deemed to be 
a conveyance of the outer 50 feet of each section so far as that 
easement is concerned. 

The PRESIDING OFFICER. It is discovered at the desk 
that there still remains an amendment of the committee on ac- 
count of the misprint of the bill. 

Mr. COCKRELL. I suggest that as the bill now stands all 
the words on page 2, in line 12, not already stricken out, and in 
lines VS, 14, 15, 10, 17, 18, down to the word " desirable," at the 
on I of line IS), and beginning with line 20, be stricken out, and 
the words indicated in the report be substituted: 

That said highway shall be subject in all respects to the laws of the State 
or Territory w'here the same is located as are other highways created under 
tOie laws of said State or Territory. 

The PRESIDING OFFICER. The Chair will state to the 
Senator from Missouri that that is the committee amendment 
which was overlooked because of the failure of the Public Pi-inter 
to print it. 

Mr. COCKRELL. It is unfortunate that the Public Printer 
makes so manv mistakes. 

The PRESIDING OFFICER. The amendment will be re- 
ported. 

The Secretary. In line 12, it is proposed to strike out all 
down to and including the word " desirable '' in lino 20, in the 
following words: 

But the State in which such land so subjected to such casement is situate 
may change the location of such highway or abolish the same upon payment 
to any person or persons of such damage as such person or persons will suf- 
fer thereby, and on like conditions such easement shall be subject to change 
by the legislative authority of the Stat« or Territory in which the same is 
situate to another public use of equal or greater public utility if it shall be 
deemed desirable. 

And to insert: 

That said highway shall be subject In all respects to the laws of the State 
or Territory where the same Is located as are other highways created under 
the laws of said State or Territory. 

The amendment was agreed to. 

The bill was reported to the Senate as amended. 

Mr. COCKRELL. Let the bill be read as it has been amended, 
so that wc may understand it 

Mr. CAREY. This bill is a matter of a good deal of impor- 
tance to the arid region, and I want to understand it. I do not 



1892. 



CONGRESSIONAL RECORD— SENATE. 



5795 



The bill was reported to the Senate as amended and the 
ameadmcut was concurred in. 

The bill was ordered to bo engrossed for a third reading, read 
the third time, and passed. 

C.VRACAS AWARDS. 

The bill (S. 2454) for the application of the accretions of the 
Caracas awards of 1868 to the new awards made in 1839 anilSOO 
was announced as next in order. 

Mr. COCKRELL. That appears to be quite an important 
bill, involving questions of treatv stipulations and adjustments. 
The Senator from New York [Mr. Hiscock], who made the re- 
port, is not present. I think the bill had better be passed over 
without prejudice. 

The PRESIDING OFFICER. The bill will bo passed over 
without ijrejudicc. 

WASHINGTON AND GREAT FALLS RAILWAY. 

The bill (H. R. 91T2) to incorporate the Washington and Great 
Falls Electric Railway Company was next in order on the Cal- 
endar. 

Mr. GORMAN. I ask that that bill may go over, retaining 
its place on the Calendar. 

The PRESIDING OFFICER. The bill will be passed over, 
retaining its place on the Calendar. 

DELIVERY OF ICE ON SUNDAY. 

The bill (S. 2994) to prevent the sale or delivery of ice within 
the District of Columbia on the Sabbath day, commonly known 
as Sunday, was announced as next in order. 

Mr. SANDERS. Let that bill go over. 

The PRESIDING OFFICER. Being objected to, the bill will 
go over. Shall it go over without prejudice? 

Mr. SANDERS. Yes, sir: without prejudice. 

The PRESIDING OFFICER. The bill will go over without 
prejudice. 

EMILE M. BLUM AND JAMES M. SEYMOUR, JR. 

The bill (S. 6.55) for the relief of Emile M. Blum, late commis- 
siouer-general, and .Tames M. Seymour, jr., late assistant com- 
missioner, to the Barcelona Exposition, was considered as in 
Committee of the Whole. 

The bill was reported from the Committee on the Library with 
amendments. 

The amendments were, in line 4, after the word "allow," to in- 
sert "and pay;" and in line 13, after the word '"to," to insert 
"pay; " so as to make the bill read: 

lie it enacted, etc.. That the Secretary of the Treasury be, and he is hereby, 
authorized and directed to allow and pay to Emile M. Blum, late United 
States commissioner-general to the International Exposition at Barcelona, 
Spain, the sum ot 13.380.96, in the adjustment of his accounts, being the 
amount of money by him disbursed in furthering American interests at said 
exposition not heretofore aUo^Yed by the accounting officers of the Treasury, 
and to pay to said Emile M. Blimi, for services as commissioner-general, 
the sum of JS.OOi); and to pay James M. Seymour, jr., the sum of $3,500 as as- 
sistant commissioner, out of aiy money in the Treasury not otherwise ap- 
jirlated. 

The amendments were agreed to. 

Mr. COCKRELL. Is there a report in that case? 

The PRESIDING OFFICER. There is. 

Mr. COCKRELL. Let it be read, then. 

The PRESIDING OFFICER. The report will be read. 

The Secretary read the following report, submitted by l^Ir. 
WOLCOTT ISIay 19, 1892: 

The Committee on the Library, to whom was referred the bill (S.65d) for 
the relief of Emile M. Blum, late commissioner-general, and James M. Sey- 
mottr, jr., late assistant commissioner, to the Barcelona Exposition, having 
had the same under consideration, submit the following report: 

By the joint resolution of April 11. 18*8, the United States accepted the 
invitation of the Spanish Government to participate in its first interna- 
tional exposition, and Ii5,000 was appropriated to defray the expenses of 
the representation of our Government to the international exposition to 
open on the 8th of May of that year at Barcelona, Spain, to be expended 
under the direction of the Secretary of State. 

Mr. Emile M. Blum, of New Yorlj City, hartug been previously designated 
as honorary delegate, was, upon the passage of the resolution, appointed 
commissioner-general. Immediately upon receiving his designation Mr. 
Blum set vigorously to work to malio Icno-mi to manufacturers and others 
that this was Spain's first exposition of a national character, traveling to 
various industrial and commercial centers and meeting boards of trade, 
chambers of commerce, members ot the press, etc., endeavoring to secure a 
siutable class of representative exhibits. Owing to the shortness of the 
time between his designation and the date set for the opening ot the exposi- 
tion. Mr. Blum, in his earnestdesire toattract public attention to this event, 
.sought the aid ot the press, by means of editorials, articles on Spanish needs, 
etc-, and in doing soincin-red the heaviest item, which, i^robably owing to 
other causes, was not allowed in the settlement ot his accounts. Had an 
equal sum lieen spent at ordinary rates in the advertising columns, it is sate 
to say that tlie result attained would not have been near as great. 

Mr. Blum delayed his departure from this country to the latest possible 
moment In order to secttre the widest publicity to the advantages which 
wotild probably result from a presentation of the worlc of American hands 
to the observation of the Catalans and others attending the exhibition. On 
his arrival he found scattered otit on the wharves of the customs authorities, 
expo.sedto the weather, the exhibits of forty-tour ni.annfacturers, th.-it had 
lieen shipped in the care of their own special agent, who was not able to pay 
lor their release. Mr. Blum, by direction ot the Department ot State, took 
those articles Into his custody, paid the charges, etc., andinstalled themin the 



United States section, at a cost ot some la.OOO, which expense had not been 
anticipated in the original scheme ot expenses. 

The great demand for mechanics, etc., necessary tor Iho Installations of 
the exposition led to numerous strikes, and the contracts which Mr. Blum 
had made for the United States section were broken sevevaUimes, requiring 
new ones to be entered into at greatly iticreased cost, and as the tim-j was so 
short it became necessary to employ workmen at night, paving them extra 
wages. Mr. Blum devoted his entire time to a careful pcr.-ioiia! superintend- 
ence of the work, day and night, until the section was completed. 

The Department of State writes of his work as follows: 

'•Mr. Buimm.ade a very excellent showing for the United States at Bar- 
celona. Our section v,-as regarded as the handsomest, and was the subject 
ot many flattering testimonials." (Letter to Hon, E. J. Dunphy. May 8. 
1890.) 

In pm-suance ot what he considered to ba a legitimate carrying out of the 
purpose in sending any representative to tiie exposition, Mr. Blum ac- 
cepted the invitation of the minister ot state. .Seiiov D. Sogismuudo Moret, 
and Prime Minister Sagasla, to vLsit M.adrld with a view to affording them 
information resi)ectiiig our trade, etc. The expense of this visit is one ot 
tlie items not heretofore allowed and provi<led for iu the bill. 

In making up the quota of jttrors of awards on the part of the United States, 
Mr. Blum was obliged, owing to the lack of our countrymen, to ask citizcn.s 
of Barcelona to serve, and the small amounts expended tor their lunches, 
etc.. while so employed ithoy received no compensation) are among the 
items for which reimbursement is asked. 

In view ot the fact th;it Mr. Blum devoted his entire time and energies for 
nearly a year to this worlt. receiving no sakiry therefor; that he has spent 
ot his omi money for the sole purpose of furthering to the best ot his ability 
the extension of otir trade with Spain, etc.. more than both the relmburse- 
mentaj^lalary proposed in the bill combined, It seems but an act of justice 
tojj(l5BBn»is measure ot relief. 

le tollowing extracts show the views of the Department of State on this 
matter: 

•• Mr. Blum was very energetic in the performances of his duties, and was 
hiehly commended by the American exhibitors for his services in their be- 
half. 

"Out of 70 manufacturers represented. 20 received gold medals. 19 received 
silver medals. IG received bronze medals, anil 9 rcceivetl honorable mention. 

■Theuumberot American exhibitors was nuich greater lh;in was exix-cted 
at the time the .appropriation ot $25,000 was made, and this sum proved inad- 
equate to meet the increased exiwnse. 

"Mr. Blum mot the extra expense out of his own funds, and now asks re- 
lief. (Letter from Hon. William F. Wharton. .Assistant .Secretary, to Hou. 
E. J. DUNPHY, dated May 8, 1690.") 

The Secretary of State. Mr. Blaine, in communicating his views to Hon. 
John Sherman, under date of May 21. 1890, says: 

"This Department has already considered the subject In connection' with a 
similar bill Introduced in t'ne House of Representatives and referred hither 
by the House Committee on Claims. 

"•■I inclose herewith, as embodying the views ot this Department on the 
subject, a copy ot a letter addressed to Hon. Edward Di-nphy. ot the Com- 
mittee on Claims, by the Assistant Secretary of State under date of the 8th 
instant. 

"Mr. Blum rendered the Government excellent services as its representa- 
tive at the Barcelona Exhibition, and incurred legitimate expenses In hts 
representative capacity which the appropriation wasinsulllcient to meet. 

'■DEPART.MENT OF STATE, Washington, Mays, 1S90. 

'■ Sir; I have the honor to acknowledge the receipt of your letter of the 
28th ultimo, respecting House bill No. 961 1, for the relief of Emile M. Blum, 
late commissioner-general of the United States to the Barcelona Exhibi- 
tion. 

"Mr. Blum made a very excellent showing tor the United States at Barce- 
lona. Our section was regarded as the handsomest, and was the subject of 
many flattering testimonials. 

"Mr. Blum was very energetic in the performance of his duties, and was 
highly commended by the iVmerlcan exhibitors for his services in their 
behalf. , , , 

"Out of the seventy-six manufacturers represented, twenty received gold 
medals, sixteen received bronze medals, and nine received honorable men- 
tion. 

' ■ The number of American exhibitors was much greater than was expected 
at the time the appropriation of S25,000 was made, and this sum proved inad-. 
equate to meet the increase! expense. Mr. Blum met the extra expense out 
of his o\vn funds, and uow seeks relief. 

•■The principal items of expense borne personally by Mr. Blum were those 
lor advertising, traveling expenses incurred lu visiting manufactories, and 
rent of furniture. 

■•The act of appropriation made no prortsion tor a compensation tor the 
commissioner, but this Department kuows of no reason why compensation 
might not now be provided. 

"I have the honor to be, sir, your obedient servant, 

"WILLIAM F. WHARTON. 

''Assistant Sicreiat^. 

"Hon. Edward J Dunphy. 

•■ House 0/ Sepresentatives." 

A bill tor this same purpose was unanimotisly reported and pa.ssed the 

Senate during the Fifty-flrst Congress. 

In view ot the foregoing facts your committee recommend that the bill do 
pass, with certain amendinents which they suggest, changing in a slight de- 
gree the phraseology of the bUl. 

Mr. HARRIS. I simply desire to say that while I do not ob- 
ject to the consideration ot the bill or raise any question about 
its passage, when Congress has created a commission such as this 
and appropriated $25,000 to meet the expenses to bo incurred, 
the commissioner is not warranted in exceeding the expenditures 
that Congress has authorized. When we ratif j' acts such as this 
it tends to encourage a total disregard of the checks which the 
legislative department has a right to impose upon such exhibi- 
tions or the expenditures to be made in respect of such exhibi- 
tions. I have very little symjjathy witli the objects and pur- 
poses of the bill, but shall not throw any obstacle in the way of 
its passage. 

The bill was reported to the Senate as amended and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 



5796 



CONGRESSIONAL RECORD— SENATE. 



July 6, 



REMISSION OF TONNAGE DUES TO SWEDEN AND NORWAY. 

The bill (S. 3153) to give effect to the eighth ai'ticlc of the 
treaty of commerce and navigation with Sweden and Norway , of 
July 4, 1S27. was eonsiilored as in Committee of the Whole. 

Mr. COCKRELL. Let the report be read in that case. 

The VICE-PRESIDENT. The report will be road. 

The Secretary read the following report, submitted by Mr. 
Davis May 19, 1S92: 

The Committee ou Foreign Relations, to whom was referred the bill (S. 
8153) to give olfect to the eighth article of the treaty of commerce ani navi- 
gation with Sweden and Norway, of July 4, 1827, having had the same under 
consideration, approve the following report submitted to the last Congress, 
and recommend that the bill bo passed. 

"The Committee on Foreign Relations, to which was referred the message 
from the President of the United States, transmitting report of the Secre- 
tary of State relative to the claim of the Government of Sweden and Nor- 
way for lower rate of tonnage dues, under acts of 1«81 ;.nd 1886 (Senate Ex. 
Doc 34 Fifty-tirst Congress, first session), respectfully report: 

"Itappears to the committee that the specillc prortsion of the eighth ar- 
ticle of the treaty with Sweden and Norway, made in 18^.7, positively obliges 
each nation not to impose upon the vessels of the other any burdens of any 
kind or denomination, with an exception not applicable to the present ques- 
tion. . . » , ■ 

" The committee Is of opinion that the words ' every other navigation m 
that article necessarily include the operations of the vessels of other coun- 
tries from whatever place they may come, and therefore that the act of Con- 
gress of June atj, 1884, and the act of June 18, 188«, so far as they impose upon 
vessels of Sweden and Norway a burden that is not imposed upon the ves- 
sels of other countries, although coming to ports of the United States from 
specillc localities, and impose such burdens equally upon all vessels, are in 
violation of our treaty obligations with the Government of Sweden and 

"This precise question was raised soon after the conclusion of the treaty 
of 1827 when the Government of Sweden and Norway undertook to impose 
burdens on vessels classified by geographical tests. But our Government 
remonstrated, and after dLscussion the Government of Sweden and Norway 
appears to have acceded to our vlew-s of the matter, and to have remitted 
and abandoned the exactions which were founded upon such distinctions. 

"We are of opinion, therefore, that not only the clear meaning of the eighth 
article of the treaty referred to. but the accepted interpretation put upon it 
on the urgency of our demand by the Government of Sweden and Norway, 
should oblige the United States to give the same effect to this article in favor 
of Sweden and Norway th.at was given to It by that Government in favor of 
our shipping and on our demand. 

"In respect of the suggestion appearing in some of the papers submitted 
to the committee that the 'most favoi'ed nation' clause would cover a case 
of this character, we think that such a pretension is without foimdatlon. 

"We, therefore, report the accompanying bill to give effect to the eighth 
article of the treaty of 1827." 

The bill was reported to the Senate without amendment. 

Mr. COCKRELL. Senate Executive Document No. .'U, which 
is referred to in the report, is a long document, and I did not 
have time to read it before the bill was taken up. I shall not 
object to the passage of the bill, reserving the right to enter a 
motion t'3 reconsider if desired. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

WITNESSES BEFORE COURTS-MARTIAL. 

The bill (S. 1229) amending section 1202 of Revised Statutes 
of the United States, providing for the attendance of witnesses 
before a court-martial, was considered as in Committee of the 
Whole. 

The bill was reported from the Committee on Military Affaiis 
with an amendment, to strike out all after the enacting clause 
and Insert: 

That section 1202 of the Revised Statutes of the United States be, and the 
same Is hereby, amended, by adding thereto the following words: "Every 
person not in the military service who, having been summoned as a witness 
before a court-martial to give testimony or to produce papers upon any 
matter under inqtury before such court, refuses to api^ear, or refuses to 
produce such papers, or refuses to answer any competent question perti- 
nent to the matter upon trial, shall be deemed guilty of a misdemeanor, and 
shall, upon ctmvlction before a United States circuit or district court, be 
punished by .a tine of not more than ?^riO() and by imprisonment in a common 
jail for not more than tw-elve months; and it shall be the duty of thejudge- 
advocate of such court-martial to make complaint before a United States 
commissioner, setting forth such refusal of said witness." 

The amendment was agreed to. 

Mr. CAIjL. I do not think that bill ought to be passed with- 
out some provision in it for indictment before a grand jury. I 
am oiiposed to allowing, upon the mere complaint of an oHicer of 
a coui't-martial, an arbitrary tribunal confined entirely to mili- 
tary life, citizens to be arrested and imprisoned, and then to be 
convicted without indictment before a grand jury, or a trial be- 
fore a petit jury. I am oppo.?ed to a law under which a man may 
be tried for a misdemeanor without the indictment of a jury. 1 
think that bill had better go over. I object to it. 

The VICE-PRESIDENT. The bill will be passed over. 

EMPLOYMENT OP PINKERTON DETECTIVES. 

Mr. JONES of Arkansas. I move that the Senate adjourn. 

Mr. PEPPER. Will the Senator withhold his motion for a 
moment that I may offer a resolution to lie over? 

Mr. JONES of Arkansas. I withdraw the moti'Sn for that 
purpose. 

Mr. PEPPER. I offer a resolution which at the proper time 
I will ask to have substituted for the resolution offered to-day 



by my distinguished friend from New Hampsiiro [Mr. Gallin- 

OERJ. 

The VICE-PRESIDENT. The resolution will be read. 

The Secretary read the resolution, as follows: 

Whereas at many times and places within the United States in recent 
years, the public peace has been disturbed and life and iiroperty endangered 
by the private employment of armed men, commonly known as "Pinkertou 
men" and "PluUerton detectives: ' and 

Whereas it is currently reported that abloody conflict occurred on the 6th 
day of the present month at or near Homestead, a village near the city of 
Pittslmrg. in the .State of Pennsylvania, between a body of .s.ald Pinkerton 
men and the citizens of said village of Homestead; and 

Whereas the existence and employment of such a body of men without au- 
thority of law is contrary to the genius of American mstitutlons and sub- 
versive of liljertv: Therefore, • 

Jle it rtKoloed, That a select committee of three members of the Senate, be- 
longing to different political parties, be appointed by the President of the 
Senate, ■whose duty it shall be to investigate and report to the .Senate the 
facts in relation to the existence and employment of the said "Piukerton 
men " or " Pinkertou detectives " since their first appearance in the United 
States to the present time. The investigation shall extend to the objects of 
such existence and employment, how organized, how, when, tor what pm"- 
pose, and by whom employed, the work performed by them, who pa3's tliem 
for their services and how much, and w hat (officers of the law, if any, and by 
what statute or other authority said Pinkertons have at any time been em- 
ployed. 

In addition to the testimony and conclusions of fact, the committee will 
consider and report, by bill or otherwise, what legislation, if any, is neces- 
sary to prevent further unlawful use or employment of said Pinkerton men 
or other similar bodies of armed men for private inirposes. 

The committee is authorized to sit during the sessions of the Senate and 
during recesses thereof, to visit any part of the country wherever their 
presence shall be necessary for the proper discharge of their duties, to ad- 
minister o;iths to witnesses, to send for persons and papers, to employ a 
stenographer. The expenses of said committee shall be paid out of the con- 
liugeiit fund of the Senate. 

Mr. HARRIS. I suggest to the Senator from Kansas that 
that resolution must go to the Committee to Audit and C'jntrol 
the Contingent E.xpenses of the Senate. 

Mr. PEKKER. I ask that the resolution go over. 

Mr. HARRIS. Still it must be referred to that committee 
before being acted upon. The law requires that it should be so 
referred. 

Mr. M ANDERSON. All that is desired now, as I understand, 
is that the resolution shall be printed and lie over until to-mor- 
row. 

Mr. HARRIS. Very well. 

The VICE-PRESIDENT. The resolution will lie over and hi 
printed. 

Ml'. MANDERSON. I appeal to the Senator from Arkansa.s 
to withdraw his motion, to permit us to have an e.xecutive ses- 
sion. There are some appointments which should be acted upon. 

Mr. JONES of Arkansas. I withdraw the motion to adjourn. 

RIO GRANDE, MEXICO AND PACIFIC RAILROAD COMPANY. 

Mr. CAREY. I ask permission to have a bill considered at 
this time. It will only take a minute. 

Mr. MANDERSON. If it leads to no debate I will yield to 
the Senator, but I want an e.xecutive session. 

Mr. CAREY. I ask for the present consideration of Senate 
bill 1710. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill (S. 1710) to authorize the i 
Rio Grande. Me.xico and Pacific Railroad Company to purchase 
certain land. 

The bill was reported from the Committee on Public Lands 
with an amendment, to strike out all after the enacting clause 
and insert: 

That the Secretary of the Interior be, and he is hereby, directed to with- 
draw from sale so much of the land of the abandoned Fort Cummings mili- 
tary reservation, in the Territory of New Mexico, as maybe necessary t<) 
secure perpetually for public use the spring up(jus;iid reservation; the land 
to be reserved as aforesaid to embrace not only that upon which the spring 
is situated, but such other portions for right of way as may be necessary to 
secure to the public the right to have all the advantages of the spring afore- 
said. 

Sec. '2. That the Secretary of the Interior be, and he is hereby , authorized to 
grant to the Rio Grande. Mexico .and Pacilic Railroad Company a license to 
so much of the water of said spring as may te necessar.v for theoperaiion of 
the road of said company, and to grant to said company a right of way for a 
pipe from said spring t^) the road of said company by the most direct line, to 
he located under the direction of the Secretary of the Interior; Prorideii. 
That said right of way shall not exceed 40 feet in width; and when the same 
is located the land covered by the right of way shall be withdrawn from 
eniry and after due appraisal shall be paid for by said company and be ded- 
icated to the right of way aforesaid. 

Sec. 'i. That the license afores;ild shall continue as long as the existence 
thereof may be deemed notinjufious to the p-jblic interest by the Secretary 
of the Interior, who shall at all times have the right toregulate the quantity 
of water to be used by said company, so as not to deprive the public of the 
benefits of the dedication to public use hereinabove made. Upon the cessa- 
tion of the license the right of way for the pipe line aforesaid shall revert to 
the United States, upon refunding by the United States the sum of the ap- 
praised price thereof which may have been paid to the United States by said 
comp.any under the previous proWsions of this act. 

Mr. COCKRELL. Why not insert a clause " that Congress 
reserves the right to alter, amend, or repeal this act at any 
time':'" I think the Senator should insert that provision in the 
bill. 

Mr. CAREY. I have no objection to that. 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



5805 



man from Arkansas [Mr. Peel,]; but being informed that he 
would vote in the affirmative I have voted the same way. 

Mr. HARRIES. Mr. Speaker, I am paired with the gentle- 
man from Nebraska [Mr. McKeigiian], but have voted "ay" 
for the purpose of making a quorum. As my vote is not neces- 
sary for that purpose I withdraw it. The gentleman from Ne- 
braska [Mv.McKeighan], if present, would vote '• no." 

Mr. ABBOTT. I am paired with the gentleman from Maine 
[Mr. Milliken], but understanding that he would, if pres3nt, 
vote "ay," I have taken the privilege of voting on the same side. 

Mr. COGSWELL. On this question I have voted in the affirm- 
ative, but being paired with my colleague from Massachusetts 
[Mr. O'NeilI, I withdraw my vote. 

Mr. HENDERSON of Illinois. I am paired with the gentle- 
man from Georgia{Mr. Livingston], but I understand that if 
present, he would vote "ay" and, therefore, desiring to vote on 
the same side, I have done so. 

The result of the vote was announced as above stated. 

On motion of Mr. BLANCHARD, a motion to reconr?ider the 
last vote was laid on the table. 

message prom the president. 

A message from the President, by Mr. Pruden, one of his 
secretaries, announced that the President had approved and 
signed bills of the following titles: 

An act (H. R. 7557) to provide for the opening of a part of the 
Colville Reservation, in the State of Washington, and for other 
purposes: 

(Note. — This bill was presented to the President on the 20th 
ultimo, and not having been returned by him to the House of 
Congress in which it originated within the ten days prescribed 
by the Constitution, has become a law without his'aiiproval.) 

On July 1, 1892: 

An act (H. R. 3767) granting an increase of pension to George 
W. White. 

On July 5, 1892: 

An act (H.R. 410) to amend the charter of the Eckington an 
Soldiers' Home Railroad Company; 

An act (H. R. 429) to incorporate the Districtof Columbia Siib^ 
urban Railway Company; " 

An act (H. R. 626) to provide the times and places for holding 
terms of the United States courts in the States of Idaho and 
Wyoming; 

An act (H. R. 8888) for preparation of a site and erection of a 
pedestal for statue of late Gen. William T. Sherman, and appro- 
priating the sum of $50,000 therefor; and 

An act (H. R. 9089) making appropriations for the Department 
of Agriculture for the fiscal year ending June 30, 1893. 

On July 6, 1892: 

An act (H. R. 5133) to authorize the Mai-inette and Western 
Railroad Company to construct a railroad through the Menom- 
inee Reservation in the State of Wisconsin; 

An act(H. R. 7081) conforming title to lands in the subdivision 
of square 20C in the city of Washington. D. C; 

An act (H. R. 4020) to authorize the Secretary of the Treasury 
to consent to the use of a portion of the public grounds of the 
United States in the town of Abingdon, Va., for a public street: 

An act (H. R. 7696) amendatory of an act entitled "An act to 
provide for the taking of the Eleventh Census: " 

An act (H. R. 1080) for the relief of the inhabitants of the 
town of Perron, county of Emery, Territory of Utah; 

An act (H. R. 6591) supplementally and amendatory to an act 
entitled "An act to refer to the Court of Claims certain claims 
of the Shawnee and Delaware Indians and the freedmen of the 
Cherokee Nation, and for other purposes," approved October 1, 
1890; and 

An act (H. R. 5602) granting a pension to Lucy Haskell, mother, 
by adoption, of John Haskell. 

message from the senate. 

A message from the Senate by Mr. Platt, one of its clerks, 
announced that the Senate had agreed to the report of the com- 
mittee of conference on the disagreeing votes of the two Houses 
on the amendments of the Senate to the bill (H. R. 7820) making 
appropriations for the construction, repair, and preservation of 
certain public works on rivers and harbors, and for other pur- 
poses. 

It also announced that the Senate had passed without amend- 
ment the bill (H. R. 8294) to punish the carrying of deadly or 
dangerous weapons within the District of Columbia, and for 
other purposes. 

It also announced that the Senate had passed the following 
concurrent i-esolutions; in which concurrence of the House was 
requested: 

Resolved by the Senate (the House of Mepresentatices concurring), That the 



representatives from the United States to the Columhian Historical Expo- 
sition at Madrid lu 1893, are hereby permitted to take from the Capitol, lor use 
at said Exposition, the picture ot the " Recall of Columbus," painted by 
August G. Heaton. 

Also, 

Resoloed btj the Senate (the House of Representatives concurring). That there 
be prmt«a 5,000 copies or the bulletins ot the Bureau ot American Republics 
submitted to ConKrcss by the I'resident iu comicct ion with the first annual 
reportofthat Hiuvaii. of which number I.OOU shall be for theiise of the mem- 
bers of ihe Senate, :i.liOO fur the use of the Members and Uelegaies of the House 
ot Representatives, and 2,oriO for rtlstributiou under the direction of the Sec- 
retary of State, and said bulletins not to exceed sixteen volumes. 

LEAVE OP ABSENCE. 

By unanimous consent, leave of absence was granted to Mr. 
Wilson of West Virginia for two days, on account of sickness. 

FREE COINAGE OF GOLD AND SIL\'ER. 

Mr. BLAND. Regular order. 

The SPEAKER. The regular order is the pending motion of 
the gentleman from New York [Mr. Tracey] to refer the bill 
(S. 5] ) to provide for the free coinage of gold and silver bullion, 
and for other purposes, to the Commitloe on Banking and C'ur- 
i-tney, on which the yeas and nays have been ordered; and tho 
Clerk will call the I'oll. 

The question was taken; and there were — yeas 43, nays 155, not 
voting 130; as follows: 

YEAS-43. 

Belknap, 

Beltzhoover, 

Bingham, 

Brositis. 

Burro-\vs, 

Caldwell, 

Cheatham, 

Cobb, Mo. 

Curtis, 

Cutting, 

Dalzell, 



DoUiver, 

English, 

Enochs, 

Fellows, 

Gillespie, 

(irt)Ut. 

HamiUnn, 

Harmer, 

Haynes, Ohio, 

Henderson, Iowa 

Hitt, 



Honk, Tenn, 

Ketcham, 

Kribbs, 

Laphain, 

Mever, 

Mitchell. 

ON.'Ul.Pa. 

Page, R. I. 

Pnvne, 

Perkins, 

Powers. 



Raines, 

Ray, 

Reyhum, 

Scull. 

Shonk, 

Stone, W. A. 

Taylor, Tenn. 

Taylor, E. B. 

Wadsworth, 

Wright. 




NAYS— 155. 



Bartine, 

Beeman, 

Blauchard, 

Bland, 

Blount, 

Boatuer, 

Bowers, 

Branch. 

BreoKinridge, Ark. 

Breckinridge, Ky. 

Bretz, 

Brtiderick, 

Brookshire, 

lirowu, 

Bryan, 

Buihauan, Va. 

Bullock, 

Busey, 

Butler, 

Bymmi, 

Caminetti, 

Capehart, 

Catchings, 

Cate. 

Clark, Wyo. 

Clarke, Ala. 

Clover. 

Cobb. Ala. 

Cogswell, 

Compton, 

Cooper, 

Cowles, 

Cox, Tenn. 



Crr.wford, 

Culberson, 

Cummings, 

Davis. 

De Armoud, 

Dickersou, 

Dixon, 

Dockery, 

Dimgan, 

Edmunds, 

Ellis. 

Euloe, 

Epes, 

Everett, 

Fithian. 

Flick, 

Forman, 

Forney, 

Fyan. 

Gantz, 

Goodnight, 

Grady, 

Greenleaf, 

Halvorson, 

Hare, 

Harries, 

Hatch, 

Heard. 

Hemphill, 

Henderson, N. C- 

Hermann, 

Holman, 

Hooker, Miss. 

Hopkins, Pa. 

Hopkins, 111. 

Houk, Ohio 

HuJT, 

Johnson, Ind. 

Johnson, N. Dak. 



Johnson, Ohio 

Johnstone, S. C. 

Jolley. 

Jones, 

Kem, 

Kendall, 

Kilgore, 

Kyle, 

Lanham, 

Lawson, Ga. 

Lavton. 

Lester, Va. 

Lester, Ga. 

Lind, 

Long, 

Mallory, 

Mansur, 

Martin, 

McCreary, 

McKaig, 

McMillin, 

McRae, 

Montgomery, 

Moore, 

Moses, 

Oates, 

O'Ferrall, 

O'Neill, Mo. 

Otis, 

Outhwaite, 

Owens, 

Parrett, 

Patterson, Tenn. 

Patton, 

Paynter, 

Pearson, 

Pendleton, 

Pierce, 

Price, 



NOT VOTING— 130. 



Abbott. 

Alderson, 

Allen, 

A merman, 

Andrew. 

Atkinson, 

Bacon, 

Barwig, 

HeUlen. 

Beiitley, 

Bergen, 

Boutelle, 

Bowman, 

Brawley, 

Brickner, 

Brunner, 

Buchanan, N.J. 

Bunn. 

Bunting, 

Biishnell, 

B>Tns, 

Cable, 

Cadmus, 

Campbell, 

Caruth, 



Castle, 

Cau.sey, 

Chapin. 

Chipman, 

Clancy, 

Coburn, 

Cockran, 

Coolidge, 

Coombs, 

Coveri, 

Cox, N. Y. 

Craig. Pa. 

Craiii, Tex. 

Crosby, 

Daniell, 

De Forest, 

Dingley, 

Doan. 

Donovan, 

Dunphy, 

Dnrborow, 

Elliott. 

Fit«h, 

Fowler, 

Funs ton, 



Geary, 

Gelssenhainer, 

Gorman, 

Griswold, 

Hall, 

Hallowell, 

Harter, 

Haugen, 

Hayes, Iowa, 

Henderson, IU. 

Herbert, 

Hoar, 

Hooker, N. Y. 

Hull, 

Lagan, 

Lane. 

Lawson, Va. 

Lewis. 

Little, 

Livingston, 

Lockwood, 

Lodge, 

Loud, 

Ljmch, 

Magner, 



Robertson, La. 

Rockwell, 

Sayers, 

Scott, 

Seerley, 

Shell. 

Simpson, 

Smith, 

Snodgrass, 

Snow, 

Steward, 111. 

Stewart, Tex. 

Stone, C.W. 

Stout, 

Sweet, 

Tarsuey, 

Taylor, V. A. 

Terry, 

Tillman, 

Towusend, 

Tucker, 

Turner, 

Tnrpln, 

Warwick. 

Washington. 

Watson, 

Wheeler, Ala. 

Wheeler, Mich. 

White, 

Whiting, 

Wike, 

Williams, Mass. 

Williams. N. C. 

WilUams. 111. 

Wilson, Mo. 

Winn, 

Wise, 

Youmans. 



McAleer, 

McCleUan, 

McDonald, 

McGann, 

McKeighan, 

McKinney, 

Mei'edith, 

Miller, 

Milliken, 

Morse, 

Mutrhler, 

Newberi'y, 

Norton, 

O'Donnell, 

O'Neil, Mass. 

Page, Md. 

Pattison.Ohio 

Peel. 

Plckler, 

Post, 

Quackenbush, 

Randall, 

R.a^Tier, 

Reed, 

Reilly, 



5806 



CONGRESSIONAL EECORD— HOUSE. 



July 6, 



Eicliarflson, 

Klfe. 

fiobiuson, Pa. 

RusU, 

Russell, 

Sauford, 

Slilvely, 

Sperry, 



Springer, 

Stahluecker, 

Stephenson, 

Stevens, 

Stockdalc, 

Stone,Ky. 

Storer, 

Stump. 



Taylor, 111. 
Taylor, J. D. 
Tracey, 
Van Horn, 
Walker, 
AVarner, 
Waugli, 
AVeaoock, 



Wever, 
WlUcox, 
Wilson, Ivy. 
Wilson, Wash. 
Wilson, W.Va. 
Wolverton. 



So the motion was not agreed to. 

The following additional pairs were announced: 

Mr. Heemaj^N with Mr. Boutelle. 

Mr. McKlNNEY with Mr. Jolley. 

Mr. WeadOCK with Mr. RANDALL. 

Mr. ABBOTT. Being paired, I withdraw my vote, Mr. 
Speaker, as I understand a quorum is present. 

Mr. TKACEY. I ask that the vote be recapitulated. 

The Clerk read the names of those voting. 

The result of the vote was then announced as above recorded. 

Mr. WILLIAINIS of Massachusetts. I move to reconsider the 
vote iust taken. . . , . ^i 

Mr. BLAND. I move to lay that motion on the table. 

The question Avas taken; and on a division ^demanded by T\lr. 
Tracey) there wore— ayes 146, noes 32. 

Mr. WILLIAMS of Massachusetts. I ask the yeas and nays 
on this question. 

The yeas and nays were ordered. 

Tlie question was taken; and there were— yeas 102, nays Zb, 
not voting 140; as follows: 



YEAS— 163. 



Alexander, 

Arnold, 

Babbitt, 

Bailey, 

Baker, 

Bankhead, 

Bartine, 

Bet'inan, 

Belf/.hoover, 

Bingham, 

Blaiicliard, 

Bland, 

Blount, 

Boatner, 

Bowers, 

Bowman, 

Branch, 

BrerUim-idge, Ark 

Bretz, 

Broderick, 

Brooksliire, 

Brown, 

Bryan, 

Buchanan, Va. 

Burrows, 

Butler, 

Bynum, 

Caminetti, 

Capehart, 

Oatchings, 

Cate, 

Cheatham, 

Clark, Wyo. 

Clarke, Ala. 

Clover, 

Cobb, Ala. 

Cooper, 

Cowles, 

Cox, Tenn. 

Crawford. 

Culberson, 



Amerman, 

Andrew, 

Brosius, 

Brunner, 

Cable, 

Cobb, Mo. 

Cobum, 



Cumniings, 
Dalzell, 
Davis, 
DeArmond, 
Dickerson, 
Dixon, 
Dockery, 
Dolliver, 
Douovan, 
Edmunds, 
Ellis, 
Enloe, 
Epes, 
Everett, 
Flthian, 
Flick, 
Forman, 
, Forney, 
Fyan, 
Gantz, 
Goodnight, 
Grady. 
Halvorson, 
Hamilton, 
Hare. 
Harries, 
Hatch, 
Heard. 
Hemphill, 
Henderson, N. C. 
Holman, 
Hooker, Miss. 
Hopkins, Pa. 
Hopkins, HI. 
Houk, Ohio 
Huft. 

Johnson, Ind. 
Johnson, N. Dak. 
Johnson, Ohio 
Johnstone, S. C. 
Jones, 



Kendall, 

Kilgore, 

Kyle. 

Lanham, 

Lawson, Ga. 

Layton, 

Lester, Va. 

Lester, Ga. 

Lind, 

Long, 

Mallory, 

Mansm-, 

Martin, 

McCreai'y, 

McDonald, 

McGann, 

McKaig, 

McMiUin, 

McKao. 

Montgomery, 

Moore, , 

Moses, 

Dates, 

O'Ferrall, 

O'Neill, Pa. 

O'Neill.Mo. 

Otis. 

Owens, 

Parrett, 

Patterson, Teim. 

Patton, 

Paynter, 

Pearson, 

Pendleton, 

Pierce, 

Post, 

Price. 

Keilly, 

Reybnrn, 

Robertson, La. 

Rockwell, 



NAY'S-2e. 



Crosby, 

Curtis, 

Fellows, 

Geissenhalner, 

Greenleat, 

Grout, 

Barter, 



Hitt, 

Houk, Tenn. 

Ketcham, 

Kribbs, 

Lapham, 

M(;Aleer, 

Mitchell, 



Sayers, 
SouU, 
Seerley, 
Shell, 
Simpson, 
Smith, 
SnodgTass, 
Snow, 

Steward, 111. 
• Stewart, Tex. 
Stone, C. W. 
Stout, 
Tarsney. 
Taylor, Tenn. 
Taylor, E. B. 
Taylor, V. A. 
Terry, 
Tillman, 
Townisend, 
Tucker, 
Turner, 
Turpin. 
Wadsworth, 
Warwick, 
Washington, 
Watson, 
Weadock, 
Wheeler, Ala. 
Wheeler, Micli. 
White, 
Whiting, 
Wike, 

Williams, N. C. 
Williams, lU. 
Wilson, Mo. 
Winn, 
Wise. 
"Wright. 
Y'oumaus. 



Page, R. I. 

Perkins, 

Powers, 

Ray, 

Shonk. 



NOT VOTING— 1-10. 



Abbott, 

Alderson. 

Alien. 

Atkinson, 

Bacon, 

Barwlg, 

Belden, 

Belknap, 

Bentley, 

Bergen, 

Boutelle, 

Brawley, 

Breckinridge, Ky. 

Brlckner 

Buchanan, 

Bullock, 

Bunn, 

Bimtiug, 

Busey, 

Bu.'ihnell, 

Byrns, 

Cadmus. 

Caldwell, 



, N. J. 



Campbell, 

Caruth, 

Castle, 

Catisey, 

Chapiu, 

Chipman, 

Clancy. 

Cockran, 

Cogswell, 

Compton, 

Coolidge, 

Coombs, 

Covert, 

Cox. N. Y. 

Craig. Pa. 

Cralu, Tex. 

Cutting, 

Daniell, 

De Forest, 

Dingley, 

Doan, 

Duugau, 

Dunphy, 



Durborow, 

Elliott, 

English, 

Enochs, 

Pitch, 

Fowler, 

Funston, 

Geary, 

Gillespie, 

Gorman, 

Griswold, 

Hall, 

Hallowell, 

Harmer, 

Haugen, 

Hayes, Iowa 

Haynes, Ohio 

Henderson, Iowa 

Henderson, 111. 

Herbert, 

Hermann, 

Hoar, 

Hooker, N. Y. 



Va. 



Hull, 

Jolley, 

Kern. 

Lagan, 

Lane, 

Lawson, 

Lewis, 

Little, 

Livingston, 

Lockwood, 

Lodge, 

Loud, 

Lynch. 

Magner, 

Mcblellan. 

McKeighan, 

McKinney, 

Meredith, 

Meyer, 

Miller, 

Milliken, 

Morse. 

Mutehler, 



Newberry, 

Norton, 

O'Donnell, 

ONell, Mass. 

Outhwalte, 

Page, Md. 

Pattison, Ohio 

Payne, 

Peel. 

Pickler, 

Quaokenbu.sh, 

Raines, 



Randall, 


Springer, 


Rayner, 


Stahhiecker 


Reed, 


Stephenson, 


Richardson, 


Stevens, 


Rife, 


Stockdale, 


Robinson, Pa. 


Stone, W. A 


Rusk. 


Stone, Ky. 


Russell, 
Sanfora, 


Storer, 


Stump, 


Scott. 


Sweet, 


Shively, 


Taylor, 111. 


Sperry, 


Taylor, J. D 



Tracey, 
Van Horn, 
Wallter, 
Warner, 
Waugh, 
Wever, 
Willcox, 
Williams. Mass. 
Wilson, Ky. 
Wilson, Wash. 
Wilson. W.Va. 
Wolverton. 



So the motion to reconsider was laid on the table. 

During the roll call 

Mr. DICKERSON said: I desire to announce that my col- 
league [Mr. Breckinridge of ICentucky] has been called home 
on account of the illness of his wife. 

Mr. TRAC'EY. I ask for a recapitulation of the vote. 

The Clerk recapitulated the names of those voting. 

The result of the vote was then announced as above recorded. 

Mr. BLAND. Mr. Speaker, I move to refer the bill to the 
Committee on Coinage, Weights, and Measures, and on that I 
demand the previous question. 

ISlr. TAYLOR of Illinois. Mr. Speaker 

The SPEAKER. For what purpose does the gentleman from 
Illinois rise? 

Mr. TAYLOR of Illinois. To move an amendment. 

The SPEAKER. The gentleman from Missouri [Mr. Bland] 
has demanded the previous question. If the House sustains the 
demand for the previous question the motion is not amendable. 
It tlie House votes it down an amendment would be in order. 
The question is upon ordering the previous question on the mo- 
tion to refer. 

The question being taken, the Speaker announced that the 
ayes seemed to have it. 

I\Ir. PITCH and others demanded a division. 

The House divided; and there were— ayes 88, noes none. 

Mr. FITCH and Mr. TRACEY. No quorum. 

Mr. BLAND. I demand the yeas and nays. 

Mr. TRACEY. Pending that I move that the House do now 
adjourn, it that bo in order. 

The SPEAKER. That motion is in order. The Chair will 
statj the question. The gentleman from Missouri [Mr. Bland 
demands the yeas and nays on the motion for the previous que.s 
tion, and pending that the gentleman from New Y'ork [Mr. 
Tracey] moves that the House do now adjourn. 

The question being taken, the Speaker announced that the 
noes seemed to have it. 

Mr. TRACEY demanded a division. 

The House divided: and there were— ayes 2, noes 9G. 

Mr. TRACEY. I ask for the yeas and nays. 

The yeas and nays w-ere ordered. 

The question was taken on the motion to adjourn; and there 
were— yeas 7, nays 1G5, not voting 156: as follows: 



1 i' 



yeas- 



Buslmell, 
Fellows, 



Abbott, 

Alexander, 

Arnold, 

Babbitt, 

BaileVi 

Baker, 

Bankhead, 

Barllne, 

B'^craan, 

Belknap, 

Bflti'.hoovcr. 

Bingham. 

Hlauchard. 

Bl.and, 

Bluunt, 

Ho:itner. 

Bowers, 

Branch, 

Breckinridge, Ark 

Brii/., 

Broderick. 

Br' xikshire. 

Brosius, 

Brown. 

Brvan. 

Buchanan. Va. 

Btu-rows, 

Butler, 

Bynum, 

Caminetti, 

Capehart, 

Catchings. 

Cheatham, 

Clarli, Wyo. 

Clarke. Ala. 

Clover. 

Cobb, Ala. 

Cogswell, 



Harter. 


Page, R. I. 


Taylor, Ul. 


Mitchell, 


Stone, W. A. 
NAYS— 105. 




Cooper, 


Hemphill, 


Owens, 


Cowles, 


Henderson, N. C. 


Parrett, 


Cox, Tenn. 


Hitt. 


Patterson, Tenn 


Crawford, 


Holman. 


Patton, 


Culberson, 


Hooker, Miss. 


Paynter, 


Cummiugs, 


Hopkins, 111. 


Pearson, 


Dalzell, 


Houk, Ohio 


Pendleton, 


Davis, 


Johnson, Ind. 


Perkins, 


De Armond, 


Johnson, N. Dak. 


Pierce, 


Dickerson, 


Johnstone, S. C. 


Post, 


Dixon, 


Jones, 


Powers, 


Dockery, 


Kilgore, 


Price, 


DoUlver, 


Kribbs, 


Rockwell, 


Dungan. 


Kvle, 


Sayers, 


Edmunds. 


Lanham. 


Scott, 


Ellis, 


Lawson, Ga. 


Scull, 


Enloe, 


Layton, 


Seerley, 


Enochs, 


Lester, Va. 


SheU, 


lEpes, 


Lester, Ga. 


Shively, 


Everett, 


Long, 


Shonk, 


Fithian, 


Loud, 


Simpson, 


Forman, 


Mallory, 


Smith, 


Forney, 


Mansur, 


Snodgrass, 


Fyan, 


Martin, 


Snow, 


Gantz. 


McCreary, 


Steward, 111. 


Gillespie. 


McGann, 


Stewart, Tex. 


Goodnight. 


McKaig, 


Stotit, 


Grady. 


McMilliu. 


Sweet, 


Greenleaf, 


McRae. 


Tarsney, 


Grout, 


Meredith. 


Tavlor, Tenn. 


Halvorson, 


Montgomery, 


Taylor. E. B. 


Hamilton. 


Moore, 


Taylor. A'. A. 


Hare. 


Moses, 


Terrv, 


Harmer, 


Mutehler, 


Tillman. 


Harries, 


Dates. 


Townsend, 


Hatch, 


O'Ferrall. 


Tucker, 


Haynes, Ohio 


O'Neill, Pa. 


Turner, 


Heard. 


O'Neill. Mo. 


Tm-pin, 



1892. 



CONGRESSIONAL EECORD— SENATE. 



5821 



SEXATE. 

Thursday, July 7, 1892. 

Prayer by the Chaplain, Rev. J. G. Butler, D. D. 

The Journal of yesterday's proceedingswas read and approved. 

EXECUTIVE COMMUNICxVTION. 

The VICE-PRESIDENT laid b-fore the Senate a communica- 
tion from the Secretary of the Treasury, transmitting an esti- 
mate from the Chief of the Bureau of Engraving and Printing- 
relative to additional appropriations rendered necessary by the 
passage of the law granting thirty days" leave of absence to em- 
ployes of that Bureau; which, with the accompanying papers, 
was referred to the Committee on Appropriations, and ordered 
to bo printed. 

PETITIONS AND MEMORIALS. 

The VICE-PRESIDENT presented resolutions of the Brook- 
lyn Athletic Club; of the Social Union, No. 175; of the United 
Brotherhood of Carpenters and Joiners; of the Court Eve 7393, 
Ancient Order of Freemasons of America, and of the Patrick J. 
Donlon Association, all of Brooklyn, N. Y., in regard to the im- 
prisonment in England of Dr. Thomas Gallagher, of Brooklyn, N. 
Y., and praying that steps be taken for his release; which were 
referred to the Committee on Foreign Relations. 

He also presented a petition of the General Assembly of the 
Presbyterian Church of the United States of America, praying 
that no appropriation be made by Congress for the World's Co- 
lumbian Exposition unless the E.xhibition be closed on Sunday; 
which was referred to the Committee on the Quadro-Centennial 
(Select). 

Ho also presented a communication from the governor of New 
Mexico, transmitting a copy of a letter to the Committee on 
Territories of the Senate relative to the admission of New Mex- 
ico as a State; which was referred to the Committee on Terri- 
tories. 

Mr. STOCKBRIDGE presented the petition of Isaac N. Aid- 
rich and other citizens of Hopkins, Mich., praying for the clos- 
ing of the World's Columbian Exposition on Sunday; which was 
referred to the Committee on the Quadro-Centennial (Select). 

Mr. PALMER presented a memorial of 5,234 members and 
patrons of the Chicago (111.) Live Stock Exchange and other citi- 
zens of Chicago, 111., remonstrating against the passage of any 
legislation closing the World's Columbian Exposition on Sun- 
day or in any other way committing the United States Govern- 
ment to a course of religious legislation; which was refei'red to 
the Committee on the Quadro-Centennial (Select). 

Mr. DAWES presented the petition of David O. Mears and 
other citizens of Worcester, Mass.. praying that an amendment 
be adopted to the Constitution of the United States prohibiting 
appropriations by the States for sectarian purposes; which was 
referred to the Committee on the Judiciary. 

He also presented a petition of the Yearly Meeting of the Re- 
ligious Society of Friends of New York and Vermont, praying 
for the extension over the coloi-ed race in the South of the espe- 
cial care of the Government, maintenance of their rights, and 
protection by law; which was referred to the Committee on the 
Judiciary. 

Mr. MCMILLAN presented the memorial of Mrs. J. W. Gil- 
ford and sundry othercitizensof Sumner, the memorial of Samuel 
Hicks and sundry other citizens of Elm Hall, the memorial of 
Wesley Guilford and other citizens of Shelby, the memorial of 
Jasper Adams and 83 other citizens of Battle Creek, the memorial 
of J . L. Edgar and 87 other citizens of Kalamazoo, the memorial 
of C. J. Clarke and other citizens of Hastings the memorial of 
J. H. Thompson and other citizens of Quincy, and the memorial 
of William E. Jacobs, supervisor of the township of Hazelton, 
and 3<) other citizens, all in the State of Michigan, remonstrating 
against the commitment of the United States Government to a 
union of religion and the state by the passage of any legislation 
closing the World's Columbian Expositionon Sunday; which were 
referred to the Committee on the Quadro-Centennial (Selectl. 

He also presented a petition of the Congregational Church of 
Hopkins, Mich., and a jietitiou of the Michigan Congi-egational 
Association, held at Detroit, May 25, 181)2. praying for the clos- 
ing of the World's Columbian Exposition on Sunday, and that the 
sale of intoxicating liquors be prohibited thereat, which were 
referred to the Committee on the Quadro-Centennial (Select). 

Mr. PLATT presented memorials of Farmington, Putnam, 
North Cornwall, Wolf Den, and Far Mill River Granges, of Con- 
necticut, remonstrating against the opening of the World's Co- 
lumbian Exposition on Sunday; which were referred to the Com- 
mittee on the Quadro-Centennial (Select). 

Mr. CULLOM. I present a petition adopted at a mass meet- 
ing held in the Oakland Methodist Episcopal Church of Chicago, 
111., reciting that it is untrue that those who favor the closing of 
thn World's Fair on Sunday are seeking a union of church and 



state, and praying that the Exposition be closed on Sunday and 
that the sale of intoxicating liquors bs prohibited thereat. I 
move that the petition be referred to the Select Committee on 
the Quadro-Centennial. 

The motion was agreed to. 

i\lr. CULLOM presented a memorial of citizens of Illinois, re- 
monstrating against the passage of the Washburn-TIatch antiop- 
tion bills; which was referred to the Committee on the Judiciary. 

IMr. DOLPH presented a memorial of sundry citizens of Green 
Basin, Oregon, remonstrating against the commitment of the 
United States Government to a union of religion and the state 
by the passage of any legislation closing the World's Columbian 
Exposition on Sunday; which was referred to the Committee on 
the Quadro-Centennial (Select). 

Mr. PERKINS presented the memorial of William C, Davis 
and 195 others, inmates of the Soldiers' Home, Leavenworth, 
Kans., and the memorial of O. D. Phillips and 29 other citizens 
of Chautauqua County, Kans., remonstrating against the passage 
of any legislation closing the World's Columbian Exposition on 
Sunday; which were referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. COCKRELL presented a patition of citizens of St. Louis, 
Mo., praying for the passage of legislation prohibiting the sale, 
manufacture, and importation of cigarettes in the United States; 
which was referred to the Committee on Epidemic Diseases. 

I\Ir. WOLCOTT presented a memorial of sundry citizens of 
Sargent, Colo., remonstrating against theclosingof the World's 
Columbian Exposition on Sunday: which was referred to the 
Committee on the Quadro-Centennial (Select). 

Mr. BLACKBURN presented a petition of the Kenton County 
(Ky.) Equal Rights Association, praying for the passage of leg- 
islation enabling women citizens of the United States to vote for 
members of the House of Representatives; which was referred 
to the Select Committee on Woman Suffrage. 

He also presented two petitions of citizens of Harrison and 
Payette Counties, Ky., praying for the passage of legislation 
prohibiting the sale, manufacture, and importation of cigarettes 
in the United States: which were referred to the Committee on 
Epidemic Diseases. 

He also presented a petition of members of th? Carpenter 
Church of Williamsburg, Ky.. praying that no appropriation be 
made for the World's Columbian E.xposition unless the Exhibi- 
tion be closed on Sunday and thatthesaleof intoxicating liquors 
be prohibted thereat: which was referred to the Committee on 
the Quadro-Centennial [Select). 

Ho also presented a petition of the BaptistChurch of Nolin; of 
the Bethlehem Baptist Church of Spencer County: of the First 
Baptist Church of Frankfort; of the United Bajjtist Church of 
Clinton County; of the Welfare United Baptist Church: of the Mt. 
Freedom Baptist Church of Washington County; of the First Mis- 
sionary Baptist Church of Hen':ierson; of the Cumberland Bap- 
tist Church of Pulaski County: of the Church of the Ascension 
of Louisville; of the Methodist Episcopal churches of Boone- 
ville and Paintsville; of the Ebcnezer and Hopeful Evangelical 
Lutheran churches of Boone County, and of the Sanders Creek 
Church of Whitley County, all in thi State of Kentucky, praying 
that the World's Cokimbian Exiwsitionbe closed on Sunday and 
that the sale of intoxicating liquors be prohibited thereat; which 
were referred to the Committee on the Quadro-Centennial (Se- 
lect). 

Mr. WASHBURN presented the memorial of C. Nelson and 
3G other members of the Seventh-Day Adventist Church of 
Owatonna, Minn., and the memorial of J. H. Sargent and 51 
other citizens of Round Prairie, Minn., remonstrating against 
the commitment of the L^nited States Government to a union of 
religion and the state by the passage of any legislation closing 
the World's Columbian Exposition on Sunday: which were re- 
ferred to the Committee on the Quadro-Cente'nuial (Select). 

Mr. GEORGE presented a petition of sundry citizens of Mis- 
sissippi, praying for the passage of legislation to prevent the 
opening of the World's Columbian Exposition on Sunday: which 
was referred to the Committee on the Quadro-Centennial (Se- 
lect). 

REPORTS OF COMMITTEES. 

Mr. BATE, from the Committi?e on Militarv Affairs, to whom 
was referred the bill (H. R. 3572) for the relief of Richard M. Ed- 
wards, of Cleveland, Teun., reported it without amendment, and 
submitted a report thereon. 

Mr. COCKRELL, from the Committee on Military Affairs, to 
whom was referred the bill (H. R. 4113) to grant an honorable 
discharge to George W. Barr from the Army, reported it with 
an amendment, and submitted a report ther._'on. 

Mr. CAMERON, from the Committee on Military Affairs, to 
whom was referred the bill (S. 2T83) authorizing the President 
to place upon the retired list of the Army Sergt. Long and 
others, late of the Signal Corps, United States, survivors of tha 



5 



CONGRESSIONAL EECOllD-SENATE. 



July 7, 



V 



jTflfi liriT" 



i^&uii^t^ 



o prohibit the coming of Chinese persons into 
I," appi-ovod May 5, 1892, reported it without 



Lady Franklin Bay cxpodition, reported it with amendments, 

'^tir'St f-m thVcomm'itteo on Commerce submitted a 

f +n nnpo.iinanv the bill (S.3179) authorizing the Secretary 

o?mi to carjr u- ^y to be made for a ship canal from Phil- 

ade^Aia across New Jersey to Now Yorlc Bay, heretofore re- 

^'°Heils^,'from the CommitteeonPublicBuildings andGrounds 
to whom Was referred the amendment submitted bj T.I1 . CAM 
E^ON on this day, intended to bo proposed to the sundry en 1 
~piiat onbiil reported it without amendment, and moved its 
reference to the Commilteo on Appropriations, and that it be 

^Tr'lilwLEl^fro'm Tie°6ommitteeon Military Affairs to 
whom was oferred the joint resolution (S R 91) extending the 
time for the construction of a hotel upon theGovernment i^,e - 
vaTon at Fort Monroe, Va., reportedit without amendment, and 
submitted a report thereon. . „„ ,.„ 

is VILAS, from the Committee on Claims, to whom was re- 
ferred the bill (S.2940) for the relief of James A. Richardson, 
administrator of Ezekiel T. Keel, deceased, of Shelby County, 
Tenn, submitted an adverse report thereon; which was agreed 

^^in^^LSTi^TttrSlSe^^^ForeignP.^ 
whomw°sreferredthebill(S.33G0)Joamjiulsec^ 

entitled "An act to 
the United States," 

'"aiI-'qUAY, from the Committee on the Library to whom wa. 
referred the bill (S. 3026) to mark the birthplace of James Madi- 
sS fourth President of the United States, reported it without 
amendment. „ ,,. 

HOSPITAL CORPS OF THE ARM\ . 

Mr HAWLEY. The bill (S. 552) to amend the act approved 
Marck 1 1887, relating to the hospital corps of 1 10 A'-my, was 
amended by the House of Representatives, returned, and referred 
Tthe Committee on MilitaJ-y Affairs. The Co'fjfittee on M li- 
tary Affairs recommend a concurrence m the slight amendment 

""The^VICE-PBESIDENT. The amendment of the House of 
Renresentatives will be stated. , <; • . „ •< 

The CHIEF CLERK. In line 7 strike out the word nineteen ■ 
and insert in lieu thereof the word "eighteen; so as to read. 

The pay of privates of the hospital corps shall be $18 per month. _ 

The VICE-PRESIDENT. The question is on concurring m 
the amendment made by the House of Representatives. 

The amendment was concurred in. 

BILLS INTRODUCED. 

Mr BERRY introduced a bill (S. 3378) to finally adjust and 
settle the claims of Arkansas and other States under the swamp- 
land grants, and for other purposes; which was read twice by its 
title, and referred to the Committee on Public Lands. 

Mr HUNTON introduced a bill (S. 3379) for the relief of Theo- 
dore Teed, his heirs, legal representatives, or assigns; which was 
read twice by its title, and, with the accompanying paper, re- 
ferred to the Committee on Claims. 

Mr PERKINS introduced a bill (S. 3380) granting a pension 
to William Deay; which was read twice by its title, and referred 
to the Committee on Pensions. , . 

He also introduced a bill (S. 3381) granting a_ pension to \\ il- 
liam H. Parsons; which was read twice by its title, and referred 
to the Committee on Pensions. . 

Mr DOLPH introduced a bill (S. 3382) to authorize a corrected 
patent to be issued for the donation-land claim of Wheelock 
Simmons and wife; which was read twice by its title, and referred 
to the Committee on Public Lands. 1 nwa t^S'^^ t^ 

j^r McMillan (by request) introduced a bill (S. dJ»d) to 
^nd the act of May 6, 1890, fixing the rate of interest to be 
charged on arrearages of general and special taxes now due the 
District of Columbia; which was read twice by its title, and re- 
ferred to the Committee on the District of Columbia. 
He also introduced a bill (S. 3384) granting a pension to Mar- 

g^t Gallagher; which was read twice by its title, and referred 

to the Committee on Pensions. ■ * t> 

Se also introduced a bill (S. 33So) granting a pension to Re- 

bicca Livermore; which was read twice by its title, and referred 
to the Committee on Pensions. ,. » t c- i-- a „ 

also introduced a bill (S. 33o(;) for the relief of Saliie Ann 
WHget; which was read twice by Jts title, and,^vithj,he ac 



companving papers, referred to the Committee on Pensions 
He also introduced a bill (S. 3387) to increase the pension of 
— ^seph Barton; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Pensions. 
He also introduced a bill (S. 3388) granting a pension to Samuel 
_fi^Breed; which was read twice by its title, and referred to the 
Committee on Pensions. 



Mr. SANDERS introduced a bill (S. 3389) providing for the 
custody of public buildings and grounds: which was read twico 
by its title, and referred to the Committeo on PuIjUc Buildings 

'^' Mr CHANDLER introduced a bill (S. 3390) to pay Eliza R. 
Crawford the amount of a United States loan certificate issued 
in 1779; which was read twice by its title, and, with the accom- 
nanviug papers, referred to the Committee on Claims. 

Mr STEWART introduced a bill (S. ■3391) to incorporate the 
Protestant Episcopal Cathedral Foundation of the District oi 
Columbia; which was read twice by its title, and referred to the 
Committee on the District of Columbia. 

j\Ir PETTIGREV7 introduced a bill (S. 3392) to ratify and eon- 
firm an a-J-reement entered into in March, 18i»2, between the In- 
dians of the Rosebud Agency and certain Indians of the Lower 
Brule Agency, both in South Dakota, and for other purposes; 
which was read twice by its title, and referred to the Committee 
on Indian AfTairs. , 

He also introduced a bill (S. 3393) to amend an act approved 
March 3, 1891, entitled "An act to repeal timber-culture laws 
and for other purposes; "' which was read twice by its title, and 
referred to the Committee on Public Lands. 
AMENDMENTS TO BILLS. 
Mr POWER. I submit an amendment intended to be pro- 
posed to the sundry civil appropriation bill. I al.so present in 
support of the amendment the petition of A. S. Lohman and 18 
other citizens of Chinook, Choteau County, Mont., praying that 
an appropriation be made for completing an artesian well at that 
place. I move that the amendment, with the accompanying pe- 
tition, be referred to the Committee on Approi)riations. 
The motion was agreed to. . , •, j ^ , 

Mr. STOCKBRIDGE submitted an amendment intended to be 
proposed by him to the sundry civil appropriation bill; which 
was referred to the Committee on Appropriations, and ordered 
to be printed. . , , . r, 

Mr. PERKINS submitted an amenament intended to tjo pro- 
posed by him to the generaldetieijncy appropriation bill; which 
was referred to the Committee on Appropriations, and ordered 

to be printed. , , . ^ n j i 1 

Mr MCPHERSON submittesd an amendment intended to l« 
proposed by him to the sundry civil appropriation bill; which 
was referred to the Committee on Appropriations, and ordered 
to be printed. 

APPEALS IN CAPITAL CASES. 

The VICE-PRESIDENT laid before the Senate the amend- 
ment of the House of Repressntatives to the bill (S. 2171) to 
amend section 706 of the Revised Statutes of the United States. 

The amendment of the House of Representatives was. to strike 
out all of the bill after the word " Provided," in line 3, and in- 

That no suf-h appeal shall be had or allowed after six mouths from the 

date of the judgment or order oomplaiued of. 
Mr PL VTT. I move that the Senate disagree to the amend- 

ment'of the House of Representatives, and ask for a conference 

on the disagreeing votes of the two Houses thereon. 
The motion was agreed to. ,.-,,, 

By unanimous consent, the Vice-President was authorized to 

appoint the conferees on the part of the Senate, andMr. Platt, 

Mr. Mitchell, and Mr. PUGH were appointed. 

RIOT AT homestead, PA. 

The VICE-PRESIDENT. The Chair lays before the Senate 
a resolution coming from a previous day, which will be re^ad. 

The Chief Clerk read the resnlution submitted yesterday by 
Mr. Gallinger, as follows: 

••Whereas the newspaper press brinss intelligence of a deadly conflict be- 
t ween workmen and the Piukerton detectives at Homestead. Pa. ; ana 

^^Whei-eas all good citizens, irrespective of party, deprecate violence and 

'''"Sj-iyrAoi^wf That the Committee on Education and Labor be instructed to 

make an immediate and careful inquiry into all the circumstances connected 

with the imlter. and rep.,rt the Tacts to the Senate at its earliest convenience.' 

The VICE-PRESIDEN T. The question is on agreeing to the 

resolution . , . , . ^ <»■ j 

Mr VEST. Another resolution upon this subject was oftered 
yesterday, the resolution submitted by the Senator from Kansas 
[Mr. Peffek], and I suggest that the two resolutions should b6 
considered at the same time. , .^, , , ,, 

The VICE-PRESIDENT. The resolution submitted t)y the 

Senator from Kansas [Mr. Peffer] will be read for information. 

Mr. VEST. Both resolutions ought to be considered at the 

same time. . , .^. -, i. ^ 1 . 

The Chief Clerk read the resolution submitted yesterday by 

Mr. Peffer, as follows: 

Whereas at many times aud places within the United States m recent 
y™-s the ptrblic peace has been disturbed aud lite and property endangered 
l>y the pri-f ate employment of armed men, commonly known as PmUerton 

"^^h^retsU^'li^c^tS^'entfyleponld'lihtfa bloody confUct occurred on the Gth 
day of t^e present month at or near Homestead, a village near the city ol 



1892. 



CONGRESSIONAL RECOED— SENATE. 



5873 



I 



No. 17, Grand Army of the Keiiublic, of Minersville. Pa., pray- 
ing for the erection of a monument commemorating the glorious 
deeds of the enlisted men in the late war; which was referred to 
the Committee on Military Affairs. 

Mr. PROCTOR presented the memorial of Mrs. I. H. Archer 
and other citizens of Taftsville, Vt., remonstrating against the 
commitment of the United States Government to a union of re- 
ligion and the state, by the passage of any legislation closing 
the World's Columbian Exposition on Sunday; which was re- 
ferred to the Committee on the Quadro-Centennial (Select). 

REPORTS OF COMMITTEES. 

Mr. DAWES. I am instructed by the Committee on Appro- 
priations, to whom was referred the bill (H. R. <S533) making ap- 
propriations for fortifications and other works of defense, for the 
armament thereof, for the procurement of heavy ordnance for 
trial and service, and for other purposes, to report it with amend- 
ments. 

I wish to state that the Senator from Maryland [Mr. Gorman] 
or the Senator from Nevada [Mr. Stewart], who were associ- 
ated with mo as a .subcommittee on the bill, will call it up for 
action at a very early period. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar. 

Mr. McMillan, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (H. R. 8579) to incorporata^l 
the Petworth, Brightwood and TakomaPark Railway Company 
of the District of Columbia, reported it with an amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 1876) to incorporate the East Washington Crosstow: 
Railway Company of the District of Columbia, reported it wi"^ 
amendments, and submitted a report thereon. 

Mr. GALLINGf;R, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (S. 1271) for the purchase 
of the Washington Gas-Light Company's works, submitted an 
adverse report thereon; which was agreed to, and the bill was 
postponed indefinitely. 

Mr. MANDERSON, from the Committee on Military Affairs, 
to whom was referred the bill (S. .3311) for the relief of E. Dar- 
win Gage, late lieutenant-colonel of the One hundred and forty- 
eighth New York Infantry, reported itwithout amendment, and 
submitted a report thereon. 

Mr. HARRIS. I am directed by the Committee on the Dis- 
trict of Columbia, to which was referred the bill (S. 2029) to in- 
corporate the Maryland and Washington Railway Company, to 
report it adversely, the committee having already reported a 
House bill on the same subject. I move that this bill b3 post- 
poned indefinitely. 

The motion was agreed to. 

Mr. PROCTOR, from the Committee on Military Affairs, to 
whom v.'as referred the bill (S. 1723) to authorize the Secretary 
of War to appoint a board of review in certain cases, reported 
adversely thereon, and the bill was postponed indefinitely. 

Mr. HANSBROUGH, from the Committee on the District of 
Columbia, to whom was referred the bill (H. R. G793) to provide 
for .semiannual statements by foreign corporations doing business 
in the District of Columbia, reported it with an amendment. 

Mr. WOLCOTT. I am directed by the Committee on Civil 
Service and Retrenchment, to whom was referred the bill (S. 3024) 
to exempt veterans from competitive examinations in the clas- 
sified service of the United States, to report it without recom- 
mendation, and I m_ove that it be placed on the Calendav. 

The motion was agreed to. 

Mr. QUAY, from the Committee on Public Buildings and 
Grounds, to whom was referred the bill (S. 1137 ) providingfor the 
erection of a public building at the city of Walla Walla, in the 
State of Washington, reported it v/ithotit amendment. 

EMPLOYMENT OF ADDITIONAt, PAGES. 

Mr. .lONES of Nevada, from the Committee to Audit and Con- 
trol the Contingent Expenses of the Senate, to whom was re- 
ferred the resolution submitted by Mr. McPherson, December 
15, 1891, reported itwithout amendment, and it was considered 
by unanimous consent, and agreed to, as follows: 

Hfsoli-til, That tho Sergeant-at-Arms is directea to employ durinsc the 
present session, in adflition to the existing force, two additional pages; sai'l 
employes to be paid from the miscellaneous items of the contlugent funi of 
the Senate. 

BILLS INTRODUCED. 

Mr. BLACKBURN introduced a bill (S. 3395) to remit the 
penalties on gunboat No. 3, the Concord, and gunboat No. 4, the 
Bennington; which was read twice by its title, and, with the ac- 
companying paper, referred to the Committee on Naval AfTairs 

Mr. GALLINGER introduced a bill (S. 3398) granting a pen- 
Bion to Col. William H. Browne: which was read twice by its ti- 
tle, and referred to the Committee on Pensions. 

Mr. PERKINS (by request) introduced a joint resolution (S. 



R. 95) concerning the use of alphabetic law in public printing; 
wliich was read twice by itsjitle, and referred to the Committee 
on Printing. 

AMENDMENTS TO A BILL. 

Mr. DANIEL submitted two ame:idments intended to be pro- 
posed by him to tlie deficiency appropriation l)ill: which were 
referred to the Committee on Appropriations, and ordered to bo 
printed. 

OPENING OF AVORLD'S COLUMBIAN EXPOSITION. 

Mr. HILL introduced a bill (S. 3394) changing the date for the 
dedication of the buildings of the World's Columbian Exposi- 
iton: which was read tho first time by its title. 

Mr. HILL. I ask that the bill bo read at leno-th. 

The VICE-PRESIDENT. The bill will be read at length for 
information. 

The bill was read the second time at length, as follows: 
Be it eii'acUd. fte.. That the date for the dedication of the buildings of the 
World's Columbian Exposition Is hereby changed from the 12th day of Octo- 
ber, 1893, to the mst day of October, 18K. 

Mr. HILL. Mr. President, in connection with this bill I de- 
sire to make a brief statement. 

The act of Congress which became a law April 25, 1890, pro- 
vided that the dedication of the buildings of tho World's Cohun- 
bianjjjHM»!J*fon should take place on the l:;th day of October, 
i89:i. Ine're was .'^ome question raised at the time as to the pro- 
priety of that date, it seems to be now conceded that, strictly 
speaking, tho date should be the 21st day of October according 
to ourjirfis^t calendav. The 12th day of October was according 
ystem. 

It has been proposed since the passage of that act that there 
should be celebrations throughout the country in honor of the 
discovery of America by Columbus. They are to be held in dif- 
ferent parts of the nation. Great preparations have been made 
in the State of Now York for a celebration to take place in the 
city of New York on tho 12th day of October next. That date 
was fixed by an act of the Legislature of the State of New York, 
and an appropriation has been made for the celebration. The 
Legislature has adjourned. It can not well be reconvened. That 
celebration wotdd conflict to some extent with the dedications 
of the buildings in the city of Chicago. 

It has now been proposed that the date for the dedication of 
the buildings at Chicago should be changed. It is desired by 
the managers on the part of the State of New York that this 
should be done. It is desired by the citizens of the State of New 
York. Tho celebration at Now York will be simply a prelimi- 
nary one to the grand celebration at Chicago. It will attract 
attention to the one at Chicago. It will cerfainly aid the one at 
Chicago. The citizens of New York, especially the public otifl- 
cials of that State, desire to participate in the opening of the 
Exhibition buildings at Chicago, which they can not well do un- 
less the date is changed.' 

I have consulted with the two Senators from the State of Illi- 
nois. They inform me that they have na objection to the pas- 
sage of the bill. I have consulted with the president, secretary, 
and executive officers of tho World's Columbian E.xpositiou, 
many of whom are now in the city, and they inform me that they 
have no objection to the passage of tlie bill. On the contrary, 
they are disposed to approve it, although they do not desire to 
take any affirmative action in that respect. They have no power 
to do it themselves. The act of 1890 absolutely provides that 
the dedication shall take place on the 12th day of October. 
There is, therefore, no objecti- n upon the part of the officers of 
the Exposition; there is no olijectiou on the part of anybody 
connected with the Ex'iosition: there is no objection anywhere 
in the country that I am aware of. 

Under these circumstances, as the bill is a short one, and as 
it is desired that the change Oi date, if made, should be known 
at once, so that preparations for the various celebrations may 
be made accordingly, I a5k uuanimo'Lis consent that tho bill may 
now have consideration. 

Mr. CULLOM. Mr. President, I do not rise-to oppose the re- 
quest of the Senator from New York, nor do I rise to make any 
extended i-emarks in reference to this bill. 

My tmderstaading is, f rom some correspondence with the au- 
thorities connected with the World's Columbian Exposition at 
Chicago, that they a-'c not disposed to inter|iose any objection 
to the change of the date indicated by tho bill of the Senator 
from New York. The authorities there feel, as we all feel, that 
it is a proper thing to accommodate each other in reference to 
this matter. 

As the Senator from Now York states, the preparation by the 
Legislature of that State having licen made, and being unchange- 
ab'e except by a call of tho Legislature of the Stat; in special 
session for that purpose, so far as I know the authorities con- 
nected with the World's Fair at Chicago and tho people inter- 



XXIII- 



-3G8 



5874 



CONGRESSIONAL EEC ORD— SENATE. 



July 8, 



estad in that g-reat Exhibition are not disposed to offer any ob- 
ieclion to the passage ol' the bill changing- the date from the 
a2th to the ::ist of Ootobor, 1S92. . . , , 

Tlie VICE-PRESIDENT. Is there objection to the request of 
tlio Senator frora Now York that the bill bo now considered? 

There being no objection, the Senate, as in Comndttoo ot the 
Whole, proceeded to consider the bill. 

The bill was reported t3 the Scuato without amendment, or- 
dered to bo engrossed for a third reading, read the third time, 
and passed. 

REPRINT OF A BILL. 

Mr. CHANDLER. I move that bill (S. 1210) to authorize the 
payment to Rear- Admiral John H. Russell ot the highest pay of 
his grade bo reprinted, owing to a typographical eri-or in the 
previous print. 

The motion was agreed to. 

MOBILE AND GIRARD RAILROAD COMPANY. 

l\Ir. CARLISLE. If there is no further morning business, I 
desire to ask the unanimous consent of the Senate to proceed to 
the consideration of the bill (H. R. 1239) for the relief of the 
Mobile and Girard Railroad Conipany. It is a bill v/hich has 
passed the other House two or three times. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded toconsider the bill. It jjroposes to pay to tho 
Mobile and Girard Railroad Company S2.2i)fi.24, due the railroad 
company fo' transporting paroled prisoners. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

RIOT AT HOMESTEAD, PA. 

Jilr. GALLUvTGER. Mr. .President, I gave notice yesterday 
that when the Committee t3 Audit and Control the Contingent 
Expenses of the Senate should make a report on tho matters be- 
fore that committee relating to recent occurrences in Pennsyl- 
vania. I should take occasion to briefly address the Senate on 
the subject. As I understand that the committee are now delib- 
eraiiug, and pending their deliberations I will inflict a fov,- re- 
marks UBon the Senate now. 

Mr. President, v.-hen I offered the resolution for an inquiry 
into the unfortunat occuri-ences at Homestead, Pa., I did to 
hoping that an investigation would b:3 ordered and tho facts 
reported to the Senate without a partisan discussion, and 
witlinit reference to anything but v/hat properly attaches to 
an inquiry of that kind. In this I have been disappointed, as 
the .Senator from Indiana [Mr. VOORllEES] saw tit on yesterday, 
in discussing the matter, to arraign tho Republican party, and 
to heatedly declare that the tariff system is responsitsle for the 
unfortunate outbreak and bloodshed in Pennsylvania. 

I listened to the Senator's denunciation of the Republican 
party in general, and of Mr. Carnegie in loarticular, with proper 
deference, but after the Senator had concluded I did not discover 
that he had made any very valuable contribution to the discus- 
sion, except to carry Indiana, New York, and Illinois for the 
party to whieh he belongs, all of which States, he gravely as- 
sured us, are sure to vote tho Democratic ticket. Such prophe- 
cies, Mr. President, were rife in 1888, but the result at the polls 
showed then, as it will probably show in November next, that 
even statesmen sometimes prophecy from insufficient and false 
premises. For moi'o than thirty years it has been a favorite 
pastime of the Democratic party to elect Presidents in July, 
but which action they have usually failed to ratify in November. 

The Sanator from Indiana depicted the pi'osperity of the 
coimtry during- the existence of the Walker tariff of 184G. The 
Senator from Missouri [Mr. Vest], a few days before, treated 
the Senate to a learned disquisition on the same subject — indeed 
the tariff-for-revenue-only period from 1846 tol8()l seems to be 
the magnet that never fails to draw eloquent utterances from 
Democratic orators. Heaven only knows what would become of 
our Democratic friends if those fifteen years of American history 
were blotted out. 

But, Mr. President, what are the facts as to the operations of 
tho Walker tariff? 

Beyond a doubt there was a fictitious prosperity for a few 
years after the enactment of this law, but its final results, like 
all low tariffs which have been tried in this country, brought 
disaster to our people and desolation to our industries. And in 
that disastrous ending no class suffered as did the laboring men, 
■vyhoio interests, our Democratic friends would now havo'us be- 
lieve, they have always sought to protect and promote. 

The Senator from Nevada [Mr. Ste-wakt] very properly sug- 
gested yesterday in debate that the prosperity v/hich followed 
the enactment jf the tariff' law of 1846 was largely due to the dis- 
covery of gold in California, and he might well have added that 
the famine in Ireland, the Mexican war, and the Crimean vv-ar, 
resulting in a demand for every surplus bushel of grain that we 
could produce, as well as for vast quantities of manufactui-ed 



goods, had also an important bearing upon the prosperity of that 
period. 

But was this a period of real prosperity to the country? Lot 
us examine tho record and see. 

It seems that from 1850 to 1861 the gold mines of California 
yielded $641,000,000 in coin. The total amount of gold and sil- 
ver exported to other countries from the United States during 
that time was $434,206,752, of which $1,150,000 was silver, leav- 
ing $433,056,752 of gold, or more than two-thirds of the entire 
jn-oduct of tho mines. We imported during the same i^eriod 
$82,.316,730 of gold and silver coin and bullion, thus leaving a dif- 
ference against us of $350,740,016 exported during the eleven 
years. For tho entire period, from 1846 to 1861, tho balance 
against us of gold and silver was $389,.390,025. 

During that period the balance of foi-eign trade was against us 
every one of the fifteen years except two, the exceptions being 
tho years 1847 and 18">''. The amount in our favor during those 
years was $42,989,809, while the aggregate against us was $474,- 
645,590. Tabulated the showing is as follows: 

Thirteen ycai-s, balance ag-ainst us $474, 645, 590 

Two years, balance in our favor 42,989,869 

Total balance against us _ . 431, 655, 021 

In other words, we bought $431,655, 621 worth of goods ot va- 
rious kinds from other nations of the world during those fifteen 
years, over which the Democratic party never ceases to boast, 
more than we sold to them, and we sent them $398,390,025 of goUi 
and silver more than they returned to us. 

Can it be possible that, under such circumstances, the covmtry 
was prosperous? On that point I desire to call two eminent Dem- 
ocratic witnesses. Presidents Fillmore and Buchanan. 

In December, 1852, six years only after the enactment of the 
Walker tariff. President Fillmore sent a message to Congress, 
and after calling attsntion to the fact that two years before he 
had i)ointed out certain defects in the tariff legislation of the 
country, he said: 

Nothing has siuce occurred to change my 'i'ieivs on this important qnes- 
tiou. Without repeating the arguments contained inmy former message, iii 
favor of discriminating, protective duties. I deem it ray duty to call your 
attention to one or two other considerations affecting this subject. Tho 
first is, tho cflect ol lai-ge Importations of foreign goods upon our currency. 
Most of the gold of California, as fast as it is coined, finds its way directly 
to Europe in payment for goods purchased. lu the second place, as our 
manufacturing establishments are broken down by competition w-lth for- 
eigners, the capital invested in them is lost, thousands of honest and indus- 
triims citizens are thrown out of employment, and the farmer, to that ex- 
tent, is deiirived of a home market for the sale of his surplus produce. In 
the third place. i ho destnictlon ot oiu- manutactm-es leaves the foreigner 
without competition in our market, and he consequently raises the price of 
the article sent here for ,salo, as is now seen in tho increased cost of iron im- 
ported from England. Tho prosperity and wealth of every nation must de- 
pend upon its productive industry. 

What an object lesson is that for the people of this country! 

1. Large import.itions of foreign goods drain the gold and 
silver from us. 

2. With low tarilT our manufactures are broken down by com- 
petition with foreigners, the capital invested in them is lost, and 
thousands of honest and industrious citizens are thrown out of 
employment. 

3. In consequence of this the farmer is deprived of a home 
market for tho sale of his agricultural products. 

4. The destruction of our manufactures leaves tho foreigner 
without competition in our market, and he raises the price of 
the article sent here for sale. 

Why, Mr. President, that sounds like inspiration, and it is 
much to be regretted that in these degenerate days of the old 
Democratic party there is no one left among them to defend and 
promulgate the teachings of INIillard Fillmore. 

That was in 1852. The Walker tariff continued until the time 
when that other eminent Democratic statesman, .lames Buch- 
anan, was elected to the Presidency. It became his duty to ad- 
dress Congress and the people of the country. What did he find 
as we neared the end of this wonderful era of low tariff? Did ho 
discover the grand results that Senators on the other side of this 
Chamber are in the habit of depicting? Lot the record speak 
for itself. I read from President Buchanan's inaugural address: 

-We have possessed all the elements of material wealth in rich abundance, 
and yet, notwithstanding all these advantages, our country, in its monetary 
interests, is at the present moment in a deplorable condition. In the midst 
of unsurpassed plenty in all the productions of agricultiu-e, and in all the ele- 
ments of national wealth, we find our manufactures suspended, our public 
works retarded, our private enterprises of different kinds abandoned, and 
thousands of useftil laborers thrown out of cmploj'ment and reduced to want. 
The revenue ot tho Government, which is chiefly derived from duties on im- 
ports from abroad, has been greatly reduced, whilst the appropriations made 
by Congress at its last session for the cuiTent Hscal year are very large in 
amount. Under these circumstances a loan may be required before the close 
of your present se.^siou; but this, although deeply to be regretted, wotild 
jirove to be only a slight misfortnue when compared with the suffering and 
distress prevailing among the people. With this the Government can not 
fail deeply to s-STnpathlze, though it may be without the jiower to extend re- 
lief 

Another object lesson, Mr. President, by a Democratic states- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



5879 



Mr. ALLISON. I will say to the Senatoi' from Wasliiug-ton 
that the amendment of the Senator from Idaho [Mr. SHOUPJ is 
in order, it beino: an amendment to an amendment of the com- 
mittee, and therefore must be considered at this moment. I do 
not know but that the amendment of the Senator from Wash- 
ing'ton is of the same character; if so, it ought to be considered 
now. 

]\lr. SHOUP. My amendment is proposed to the amendment 
of the committee. 

Mr. ALLEN. Substantially it is one and the aams thing. I 
suppose the Senator from Idaho has no objection to the amount 
being- further increased as recommended by the Committea on 
Public Lands. There is no danger of having too generous ap- 
propriations for the surveys of the public lands. 

Mv. President, the primary disposition of the public domain of 
the United States is an act of sovereignty, and part and parc-'l 
of that system is the survey of the public lands and preparing 
them for disposition under the land laws of the United Stat:s. 

No difference v/hat the wish or what tho jjurpose or what the 
patriotic disposition of tho Western States may be to aid the 
General Government in the survey of the public lands, to place 
them in a condition where they may b3 intelligently identified 
and accurately described and disposed of, isentirely beyond their 
pov,'cr. Those States are compelled to await the action of the 
Government. The exj)enditure of the General Government in the 
survey of the public lands is an inevitable and a necessary ex- 
penditure. ■ It must bo made sooner or latjr. Tho work may be 
delayed and by small and niggardly appropriations it may be done 
by piecemeal, but the most intelligent manner in which it can ba 
done will bo to do it promptly, to do it at once, so as to meet all 
the exigencies of the advancing civilization of our times and the 
demands which aro constantly made in all places for the prepara- 
tion of the public lands for private and individual uses. 

Jlr. President, I was instructed to offer this amendment by the 
Committee on Public Lands from the fact that correspondence 
had taken place between that committee and the Interior De- 
partment respecting a bill which I introduced, pi'oposing an ap- 
propriation of $200,000 for a survey of the isublic lands in the 
State of Washington. On that bill being referred to the In- 
terior Department, a prompt reply came, to which I wish to call 
the attention of the Senate. This is the letter of the Commis- 
sioner of the General Land Office: 

DEEABX.MKNI O? THE INTERIOR, QENEBAI, LAND OFFICE, 

Washington, D. C., May 4, 1S3}, 

Sir: I am In receipt, by departmental reference of April 27, 1892, for re- 
port, of a copy of Senate bill iS. 29181 " to provide for the surrey of ptibllc 
lauds in the State ot Washlnalon." Said bill wa^ refeiTed to the Depart- 
ment by the chairman of the .Senate Committee on Public Lands, with a re- 
quest for the views thereon of the Department. 

Said bill provide.^, in effect, for the appropriation of the sum of $200,000. to 
1)6 Immediately available, the same to bo expended for surveys ot the public 
lands in the .State of Washington at rates of mileage not exceeding the raini- 
mnm (f9, $7, f5i and the special maximum ($25, $23. $20) for the stand<ard and 
meander, township, and section lines, respectively: the latter rates to apply 
only to lauds that are heavily timbered, mountainous, or covered with dense 
tmtlergi-owth. Said sum to bo expended uuder the direction ot the Secre- 
tary of the Interior. 

It is further provided in said bill that of the sum herein appropriated an 
amount not exceeding $40,000 may be expended for examinations of said pub- 
lic surveys, to test the accuracy ot the work and for the necessary offlce work 
in connection with said surveys. 

In reply I have the honor to report that in view of tho fact that the ena- 
bling act ot February 22, 18S9, admitting tho .State ot W.ashiugtou into the 
Union, donated lands aggregating 868,000 acres for public buildings, State 
university, agricultural college, scientilic and normal schools, and State 
charitable, educational, penal, and reformatory institutions, in addition to 
the school-land grant of sections 16 and 3(5 in each township, and indemnity 
selections connected with said school sections, it is apparent that an early 
suri'ey ot the public lands In said State is necessary in order that the requi- 
site selections may be m.ade before the remaining unsurveyed lands shall 
have been settled upon. 

The apportionments made to the State of Washington ot the appropria- 
tions tor public surveys for the last past and the present fiscal years aggre- 
gate $149,000 (:»,000 and $84,0001, all ot which amounts have been and will be 
embraced in awarded and approved contracts tor siu'veys within said State 
In compliance with the terms of the acts making said appropriation giving 
preference to lands occupied by bona flde settlers. Although said apportion- 
ments were by the terms of the acts applicable to the survey ot lands granted 
to tho State of Washington by the act of February 22. 1SS9. it does not ap- 
pear that to the present date the State has made any formal application to 
this office for surveys In connection with said selections, and the apportion- 
ments were consequently expended in the survey ot lands occupied by actual 
settlers, thus leaving tho lands to be surveyed tor State purposes to be here- 
after provided for. 

As the immigration to the State of Washington Is annually increasing and 
the demand for lands for settlement purposes Is yearly growing largci It is 
obvious that the intercuts of the Stato In the matter ot said selections should 
be protected and a special appropriation mads tor that ptu'pose, and in- 
cluding surveys in the interest ot settlers. 

I have, therefore, no hesitation In recommending that the appropriation 
of 3200,000, as embodied In Senate bill 2918, for the purposes therein stated, 
be made, In order that the State ot W.a.shingtou may be enabled to make 
selections at an early date of desirable lands in satisfaction of tho grants 
herein referredto and of school-indemnity lands; also providing tor the sur- 
vey ot lands occupied in whole or in part by actual settlers. 

Senate bill 2918 is herewith returned. 
Very respectfully, 

„^ „ THOS. n. CARTER, Commission fr. 

The Hon. the Sechetary of the Istekiok. 

The Secretary of the Interior, in corresponding with the com- 



mittee on the subject and transmitting tliat letter saj's, after re- 
citing its transmission: 

As stated by the Commissioner, theponions of the general appropriations 
for surveys allotted to the State ot Washington '-have been and will be era- 
braced m awarded and approved contracts for surveys within said State III 
compliance wuh Ih-j terms of tho acts making said appropriations civin" 
preference to lands occupied by actual settlers " " ' , s . lu. 

This is tho same condition in other of the new States, and, as tho demand 
for the survey of lands for settlement purposes is yearly Increasing in these 
States, It 13 apparent that some means is necessary in order toprotoct these 
Sttites m then- grants for university, college, charitable, reformatory and 
other institutions, so that the requisite selections necessary to satisfy these 
grants may bo made before the great body of the available liiisurvcyed lands 
shall have been appropriated by settlers. 

While I can see no object i-.n to the present bill, yet I am ot the opinion 
that theap))ropriatioii shouil be so increased as to extend the operation ot 
theactstothe other States, and the legislation thus made general instead 
of special, 

Mr. President, acting upon that information respecting tho 
Stats of Washington, which is bttt tho counterpart of'afi tho 
newly .admitted States of tho Union, the Committee on l^ublic 
Lands unhesitatingly directed that this proposed appropriation 
of $000,000 ba made. If one will look at the history of the iniblic 
surveys he will reach the conclusion very quickly that this is 
not an exorbitant demand. I think, until the year 1880. appro- 
priations were made special to the particular' States, but that 
about that time a new system v/as inaugurated by which a gen- 
eral or lump sum was appropriated for the survey of the entire 
public domain and apportioned among the ditTerent States and 
Territories in the discretion of the Secretary of the Interior. 

In reviewing the history of these appropriations 1 find this 
fact: Dating from the inauguration of that .system, about tho 
year 1880, tho appropriations i find directly made averaged 
$350,000 per annum for the succeeding five yeai's, inclusive of 
1880 and 188-1. But along with this system there was another 
system far more liberal and far more extensive. Under the 
special deposit system, which had been inaugurated before and 
extended by tho act of March 3, 1870, persons desiring to make 
settlement or purchase of the public lands of tho United States 
were permitted to go to the land offles and make deposits of 
money for the purpo.^c of securing the surveys. These deposits 
became in the nature of negotiable certificates, which the Gov- 
ernment of the United States received in jmyment ot the pur- 
chase price of its land. The result was, that under that system 
of special deposits surveys were made in amount exceeding 
$1,000,000 per annum. So in the five years beginning with 1880 
and closing with 1884-, I find by this system alone some ■?.j..813,.368 
were expended in the survey of the public lands making, as will 
bo agen, one million and nearly two hundred thousand dollars 
per annum in addition to the regular annual appropriation 0% 
an average of $350,000. 

There were abuses no doubt under that system, but it resulted 
in extended surveys. It resulted in enabling many States of tho 
Union to complete their surveys and have all the lands in a con- 
dition subject to appropriation and disposition bv tho General 
Government. 

But the new States of the Union, the remota States, were not 
tho beneficiaries of this system. This was before the day of the 
extension of the railroads into our new States. This was before 
the admission of our new States. These immense sums of money 
went to other localities and to other parts of the Government. 

Immediately following upon this system, and at tho time when 
our States had the railroads extended to them, and when emi- 
gration on a gigantic .scale began to move into these regions a 
radically different system was adopted. The special deposit 
system was practically repealed and annulled, and ha.^ cut no 
figure in the surveys of the public lands since that data. The 
annual appropriations woro greatly reduced, going down to $100,- 
OCO, and even $50,000 for two or three years, with rates so low 
that even those amounts had to )» covered back into the Treas- 
ury in a number of tho Western or Pacific Slope States; and par- 
ticularly was that true in the State which I have the honor in 
part to represent. 

But, Mr. President, wo have still the other fact, that the gen- 
erous system of appropriation had been cut off; that for four or 
five years preceding the admission of those States they practi- 
cally had been without appropriations for the survey of their 
lands. 'We add to that tho fact that in this time ot need great 
.systems of transportation were opened out, and means of ingress 
into that part of the country were afforded so that population 
from all parts of the Union poured into it by hundreds of thou- 
sands, taking up homes on the public domain. 

We had had this order of things encouraged by the General 
Government, that a .settler should go upon the public domain in 
advance of all aiu'veys. His pi'essnce thoro was not a trespass; 
he was there by invitation of the Government, and upon the faith 
and the assurance that the Governmant would follow him upand 
in the speediest practical time identify his land, siu'vey it. and 
enable him to acquire the legal title which he e]uitably had by 



5880 



CONGRESSIONAL RECORD— SENATE. 



July 8, 



going- in advance and complying with the requirements of the 

Not only that, but in addition to this immense demand made 
for the actual settlement of our lands, so great that the public 
surveys have been running hopelessly behind, in those years we 
have had the admission of these new States with grants made 
bv the General Government of a most munificent character. 
I 'think none of those States but feel that the General Govern- 
ment has dealt generously and largely with them, if by a proper 
and speedy extension of the public surveys they can avail them- 
selves of the grants. Now, shall the broad generosity of the 
National Government to all these young States in each of the 
particulars specified be a substantial donation? Shall it be the 
realization of our hopes or shall it all be frittin-ed away? 

In competition with actual settlement wo have been unable to 
make the selection of our lands because the actual settler has the 
preemptive right. He can go in advance of the public surveys 
and equity and statute both combine to protect him even against 
the beneficent grants that the States have for the general pur- 
poses mentioned in the enabling acts. 

This being our situation, the necessary expenditure for these 
public surveys being Inevitable to the Government, in fact it 
being not a disbursement but really an advancement for that 
which comes back to the Govei-nment many fold, we feel that we 
are only asking that which our constituency are urgently and 
justly and vehemently pressing upon us. 

Look for a moment at the position in which these new States 
are placed. Some enterprising man with a great deal of cour- 
age and of hope goes out upon the public domain in advance of 
the public settlement. He takes up his home; helps build up a 
new community— a new commonwealth — and yet in doing that 
he runs all the hazard of uncertainty as to whether the im- 
provements he makes shall fall upon a particular piece of land 
which he thinks he has selected for his homestead. He must 
go through all these years with that uncertainty hanging over 
him by I'eason of the delay of the Government. He may find 
out when it is too late that these improvements have been made 
upon the laud of some railroad company: that they have been 
made outside of the boundary line of the tiaot which he hopes 
to acquire for himself, and he is left homeless. His labor and 
the sacrifices and hardships xmdergone by his family may go for 
nothing. 

Not only that; he may identify his land, but his position is 
nothing but that of a squatter upon it. No difference how his 
relations and condition may have changed; no difference what 
the Intervening years may have brought him; no difference 
what the wants of his growing family may have become, so that 
his duty as a father would require that he should go to the town 
or village for the purpose of educating his children, he is pin- 
ioned to the land, because if he leaves it, though his compliance 
may have been complete with the requirements of the law under 
which he took it or proposes to take it, he becomes an abandoner 
of the land, and it is subject to the entry of the next man who 
comes along. So you see the injustice wrought in his case, and 
it is not an exceptional one. The fact that the land remains an 
unsurveyed portion of the public domain affords immunity from 
taxation, and the burdens of government which his neighbors 
have to pay one person may be exempted from, because although 
equitably the land is his own and for all practical purposes, tech- 
nically it is a part of the public domain of the United States, and 
he escapes the taxation that is visited upon those about him. 
This is one of the most unjust and irritating disoriminatiuns 
known in government, denounced and forbidden in organic law, 
and condemned by popular opinion. 

For five, ten, or fifteen years I have witnessed just this order 
of things prevailing. It invites confusion upon the frontier; it 
invites the violation of law. It places men in controversy as to 
the identity of claims and the equality of their rights who other- 
wise would be in good neighborhood; whereas if the Government 
had extended the survey thei'e could be no uncertainty and no 
such grounds of contention. I say confusion, disorder, disad- 
vantage, embarrassment are inflicted upon these new States in 
every particular and their people are the victims at all times of 
this delay of the Government. 

Again, Mr. President, we have not only the awkward condi- 
tion of things I have suggested, but the States themselves must 
stand by conscious of the fact that within their domains are the 
lands that would munificently endow them for all great State 
purposes of buildings of education, philanthropy, and all the 
objects that Congress designs they should be possessed of, yet 
impotent to avail themselves of these royal grants. Our large 
expectations through the failure of surveys must prove a delu- 
sion and a mockery. The Public Land Committee have sought 
to formulate some plan whereby these grants may be secured to 
the States, without obstructing and wronging the actual bona 
fide settler. Their idea is the States must take their chances 



with the actual settlers, and the lomedy lies in large appropri- 
ations for public surveys. 

In view of this condition of things, in view of the pressing ne- 
cessity coming up from every neighborhood, coming up from 
every community, and in view of the fact that it is no expendi- 
ture of public money in reality, but a mere advancement; that 
the Government is to be abundantly repaid and that it is but 
meeting a duty on the part of the Government that it sooner or 
later must meet, I urgently press upon the Senate that the amount 
of this proposed amendment, which is small indeed eompared 
with the needs of the times, may be allowed as an amendment to 
the bill. 

The PRESIDING OFFICER (Mr. Harris In the chair). The 
question in on the amendment of the Senator from Idaho [Mr. 
Shoup] to the amendment reported by the Committee on Ap- 
propriations. 

Mr. SANDERS. I understood the Senator from Idaho to ac- 
cept the amendment offered by the Committee on Public Lands, 
or in their name, and therefore the vote would be upon that 
amendment. 

The PRESIDING OFFICER. Does the Senator from Idaho 
modify his amendment to the amendment? 

Mr. SHOUP. I accept the amendment as reported by the 
Committee on Public Lands. 

The PRESIDING OFFICER. The Senator from Idaho mod- 
ifies his amendment to the amendment. The Secretary will 
read the amendment to the amendment as modified. 

The Secretary. On page UO, line 9, in the amendment of 
the committee before the word "thousand," strike out "three 
hundred and seventyTfivo" and insert "six hundred," so as to 
read: 
For .surveys and resurveys ot public lands, $600,000. 

Mr. ALLISON. I ask that the whole of the amendment may 
be reported. I see there are some other items. 

The PRESIDING OFFICER. Tiie Secretary will report the 
amendment as it will read if amended. 

Mr. ALLEN. The paging has b^en changed since the pro- 
posed amendment was submitted. 

The PRESIDING OFFICER. The amendment to the amend- 
ment refers to different lines in the bill. It will Iiave to be looked 
up. 
"Mr. ALLISON. I may waive that for the moment. 

Mr. ALLEN. The amendment to the amendment itself is 
plain. It is an increase of the amount of the proposed appro- 
priation, and a corresponding increase in the amount for office 
work and that for readjusting the work in the field. 

Mr. ALLISON. This I see is a substantive amendment by 
itself. 

Now, I desire to say only a word respecting the amendment 
proposed by the Committee on A])]n'opriations. I agree to every 
syllable uttered by the two Senators who have spoken upon this 
subject, but we must deal with this question in a practical way. 
No one knows better than the Senator from Washington what I 
mean when I say that. 

We have increased this sum $175,000 over the provision as it 
came to the Senate, and we have in another place, to meet a 
most pressing necessity, as we understand in the Northwestern 
States, added an additional sum of $250,000 for the survey of 
railroad lands, which with the $375,000 here appropriated, 
makes $625,000 in all that we have provided for surveys of the 
public lands, or $25,000 more than is suggested by the Senator 
from Washington. I feel that this is about all that can j^robably 
bu secured at this session. 

If the Senator from Washington and the Senator from Idaho 
will agi-eo to substitute $450,000, in line 9, and correspondingly 
increase where the Senator proposes an increase, I shall make 
no opposition to the amendments to the amendment. 

Mr. ALLEN. I appeal a moment to the Senator from Iowa for 
an inquiry, and then I will give an answer. 

I find that in the actual appropriations that were made from 
1880 to 1884, inclusive, there was $1,512,000 annually expended in 
the surveys of the public lands. I do not know of the existence 
of any state of aft'airs at that time which made the demand more 
pressing, if as much so, as it is now. 

But I recognize what the Senator from Iowa has so feelingly 
brought to my attention, that it may not be po.^sible to sustain 
the amount at the mark at which it is placed, and therefore, with 
the understanding that the appropriation is placed at $450,000 
with the proportionate increase, as I understand he suggests, and 
that the proposed amendment standing in the bill at this time in 
regard to the survey of the public lands lying within the limits 
of land grants shall not be affected, I think I can say that I am 
willing to accept the proposition. 

Mr. ALLISON. I will say to the Senator respecting the large 
amount expended for surveys between 1880 and 1884. that that 
large expenditure was made, as the Senator so well stated awhile 



1892. 



CONGEESSIONAL EECOED— SENATE. 



5881 



ago, undei- the deposit system; and we are now confronted else- 
where with the suggestion tliat there ax'e 140,000,000 acres 
pf surveyed lands which are unoccupied. A great portion of 
the surveys made under the deposit system, as the Senator 
knows very well, were high elevated planes: lands were sur- 
veyed in Wyoming and elsewhere that have not been occupied, 
and the certificates issued for them were used in the Dakotas, 
Nebraska, etc., in payment of lands. There was a complaint 
from those States, as well as by the Land Office and the Secre- 
tary of the Interior, that there was injustice in the system; that 
the land surveys ought to follow the necessities of the people, 
and that the Department here should control the places where 
the lands should be surveyed: and I think the Senator will quite 
agree that that ought to be the case. 

Mr. PADDOCK. I should like to inquire of the Senator what 
he means by the term "unoccupied." Does he mean by that, 
that the lands have been disposed of and segregated from the 
body of the public lands? 

Mr. ALLISON. They have been surveyed and not taken up 
at the land offices under any of the land laws. 

Mr. PADDOCK. That is it. 

Mr. SANDERS. I should like to inquire of the Senator from 
Iowa if the inciting cause of that was not the fact that in the 
survey of a township it enabled parties to take up the merest 
fraction of the township along the lines of the streams and leave 
the rest of it not only unsettled upon but of no value to anybody, 
as a rule? 

Mr. ALLISON. That is absolutely true; and elsewhere and 
heretofore I have insisted that the fact that there was a large 
body of land already surveyed which had not been taken up 
under any of the land laws of the United States was no reason 
why we should not make reasonable appropriations for the sur- 
vey of such public lands as the people have settled upon or de- 
sire to settle upon for purposes of homes. 

Mr. ALLEN. I am glad to hear the Senator make that state- 
ment. He will also bear in mind that in the surveys of the lands 
for which there is an actual and pressing demand in a number 
of the States the cost of the survey has been very greatly in- 
creased over that of the surveys of open lands upon the plains. 

The PRESIDING OFFICER. Does the Senator from Idaho 
modify the amendment so as to fix the amount at $450,000? 

Mr. SHOUP. I accept the modification. 

The PRESIDING OFFICER. The Secretary will report the 
amendment to the amendment as modified. 

The Secretary. Strike out in line 9, before the word " thou- 
sand," the words " three hundred and seventy-five " and insert 
" four hundred and fifty;" so as to read: 

For surveys and resurveys of public lands, $450,000, at rates not exceeding 
f9 per linear mile for standard and meander lines, $7 for township, and $5 for, 
section lines. 

The PRESIDING OFFICER. The question is on agreeing to 
the amendment to the amendment as modified. 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The reading of the bill was resumed. The next amendment 
of the Committee on Appropriations was, on page GO, line 19, 
after the word " agriculture," to insert '' lands valuable for coal;" 
60 as to make the proviso read: 

Provided. That in expending this appropriation preference shall be given 
in favor of surveying tow-nships occupied, in whole or in part, by actual set- 
tlersand of landsgrauted to the States by the act approved February 22. 1889, 
and the acts approved July 3 and July 10. 1890, and other surveys shall be con- 
fined to lands adapted to agriculture, lands valuable for coal. a"nd lines of res- 
ervations, except that the Commissioner of the General Land Office may allow, 
for the survey of lauds heavily timbered, mountainous, or covered with dense 
undergrowth, rates not exceeding $13 per linear mile for standard and mean- 
der lines. $11 for township, and $7 for section lines, etc. 

The amendment was agreed to. 

The next amendment was, on pao^e 61, after the words " sec- 
tion lines," at the end of line 61, to insert: 

And for the extension of the seventh standard parallel north, in the State 
of Montana, from its present western terminus, as prortded for In surveying 
contract numbered 256. beiug the southwest corner of township 29 north, 
range 27 west, westward to the western boimdary of said State, the Secre- 
tary of the Interior may allow a rate not exceeding $40 per linear mile. 

The amendment was agreed to. 

Mr. ALLEN. I move, in line 21, to strike out the word " forty." 
before "thousand," and insert "seventy-five." I think the 
amount of $75,000 should be inserted there, and for the reason 
which I shall state. 

It will be noticed that when the other House placed the 
amountof the field work at $200,000 they placed the amount of this 
other work to correspond with it at $40,000, so that for every 
$100,000 of work done in the field $20,000 of work is required to 
bring it up. The Senate should increase the amount to corre- 
spond with the amendment in the first instance, and to carry it 
to $75,000 keeps it within the proportion established by the 
House of Representatives in the bill as it passed that body. 

Mr. ALLISON. I, of course, will not object to the amendment 



suggested, but I do not think it follows precisely that because 
we increase one amount we should correspondingly increase the 
other, because the reexamination of these surveys if made in 
large bodies can be made more easily and economically than if 
male in small bodies. 

Mr. ALLEN. Then I should be very glad to have the Senator 
suggest about what amount should bj inserted. 

Mr. ALLISON. I will allow $75,000 to be inserted, and if that 
is not the (^orrect amount I will modify it. 

The PRESIDING OFFICER. The amendment moved by the 
Senator from Washington will be stated. 

The Secret.\ry. In line 21, after the woi-d "exceeding," 
strike out " forty " and insert "seventy-five: " so as to read: 

And of the sum hereby appropriated notexceeding$r5,000 may be expended 
for examination of ijublic surveys, etc. 

The amendment was agreed to. 

Mr. McMillan. During my absence yesterday three amend- 
ments connected with the District of Columbia were pas.sedover 
on objection by the Senator from Missouri [Mr. Vest], who raised 
a point of order against them. I should like to have them taken 
up now. as I shall have to go away after a while. 

The VICE-PRESIDENT. The question is on the point of 
order raised by the Senator from Missouri. 

Mr. ALLISON. I have no objection, I will say to the Senator 
from Michigan, to going back if he desires to be absent. I had 
the amendments postponed yesterday, and I am willing to recur 
to them at this time. 

The VICE-PRESIDENT. The Chair is ready to rule on the 
point of order. 

Mr. ALLISON. I think the Senator fi'om Missouri will per- 
haps withdraw the point of order. 

Mr. VEST. No, I do not think I shall. 

Mr. ALLISON. I was hoping the Senator would do so. 

Mr. VEST. The point of order, I believe, applies to the last 
amendment offered by the Senator from Iowa also. I do not 
want to do anything that will embarrass the collection of taxes 
here upon a just and equitable basis, but I am compelled to go 
upon the information I have. In the report of the committee of 
the House of Representatives, on page 20, the Senator from Iowa 
will find 'that in 1889, and that is the assessment he proposes to 
adopt now in this amendment 

Mr. ALLISON. On what page? 

Mr. VEST. On page 20 of the report on the assessment of 
taxes in the District of Columbia, House Report No. 1469, Fifty- 
second Congress. It says: 

Assessed value of all the taxable l.atid and improvements in the District of 
Columblafor the fiscal year ending Jime 30, 1892: 

Land $70,451,038 

Improvements 09,030,250 

Total _ 145,481,278 

Mr. MILLS. I will ask the Senator if he is now discussing 
the amendments on pages 52 and 5.3 of the bill? 

Mr. VEST. On pages 52 and 5.3, I think. 

Mr. MILLS. There wa? a point of order made against that 
amendment. 

Mr. VEST. There is a point of order against it, but I was 
simply stating my objection to the last amendment, to which the 
point of order also applies: 

The new assessment being 160 per cent more on land and 7 per cent more 
on improvements than the old assessment, the probable assessed value for 
the fiscal year ending June 30. 1893, assuming that the board of equalization 
make no increase, will be as follows : 

Land $198,772,672 

Improvements '. 73,862,367 

Total 272,635,040 

The true land value according to this report, on page 21, is 
$423,000,000, and improvements $73,000,000, making $500,000,000, 
instead of $272,635,000, the probable assessment for 1893, and 
$145,481,278, which was the actual assessment. I have read that 
to accentuate what I said yesterday in regard to the extraordi- 
nary and arbitrary and utterly indefensible assessments in this 
District. Here is a difference'between $272,000,000 and $500,000,- 
000; and if you take the assessment which is now proposed to be 
adopted by the Senator from Iowa, the difference would bo be- 
tween $140,481,258 and nearly $500,000,000. 

Mr. ALLISON. Will the Senator yield to mo for just a mo- 
ment? 

Mr. VEST. Certainly. 

Mr. ALLISON. I do not propose that any assessment shall 
be adopted. My suggestion is that if the assessment just made 
is to be revised by any process whatever, in order to make such 
revision it will go beyond November 1, when taxes are col- 
lected, and therefore unless taxes are collected under the exist- 
ing valuatvjn there will be no ta\es collected on the 1st day of 
November. Unless the assessment which the Senator from Mis- 
souri characterizes as an unjust assessment, the facts about whicli 



5 



COXGllESSIONAL RECOED— SENATE. 



July 8, 



I know nothing, is to go on without I'ovision and form the basis 
of the taxes collected on the 1st of November, there will bi no 
taxes collected on that day unless the amendment I propose is 
adojited. 

Mr. VEST. Or unless some other legislation is had. 

Mr. ALLISON. But what other legislation is possible, I will 
ask the Senator, to revise taxation in the District of Columbia 
between now and the 1st of November? I propose simply that, 
in view of the criticisms made upon the assessment and in view 
of the fact that it seems to bo conceded that there should bo a 
revisory power, the District shall not be without funds gathered 
together by means of taxation on the 1st day of November, and 
therefore, in conversation with the Commissioners of the District 
of Columbia, I asked them to prepare some amendment that 
would continue the system of assessment until the new assessment 
could be revised. 

Mr. FAULKNER. On the present basis? 

Ml". ALLISON. On the pi'esent basis. Therefore, whilst that 
may be ineffectual and insufficient, it is better to have the pres- 
ent basis than no basis at all, I submit to the Senator from Mis- 
sor.ri, and that is all I mean by my amendment. 

Mr! VEST. With that explanation of cour.se I will not make 
the point of order against the last amendment, because I do not 
want to deprive the District of Columbia of its ta.t money; but I 
do make the xjoint of order as to the rest of the proposed amend- 
ment. 

Tlie VICK-PRESIDENT. Will the Senator from Missouri be 
good enough to state his point of order again? 

ISIr. VEST. The point of order is that it is general legislation, 
and then I understand also, though I know nothing personally 
about the fact, that the amendment did not go to the Senate 
from the District of Columbia Committee, but that it went from 
the District of Columbia Committoo directly to the Committee 
on Appropriations. 

Mr. MCMILLAN. Tliat is the case, Mr. President. It came 

from the committee, having passed the committee unanimoi;sly, 

and it was taken to the Committee on Appropriations because 

there was not time for us to bring it to the Senate before taking 

,it 1o the Appropriation Committee. 

L-. The VICE-PRESIDENT. That is the amendment co'mmenc- 
ag on page 52? 

tMr. VEST. If the Chair will permit me, it is on page 52, 
cobimeucing at line 15, with the word " that." 

'iVie VICE-PRESIDENT. Going down to and including what 
wor. 

M?^VEST. Down to the end of line 19, on page 53. 
_ Mr. McMillan. Mr. President, I should like to make a 
little explanation about this matter. It was found that the new 
assessment, which has only been completed within a verj' few 
days, would result in bringing a very much lai'ger amount of 
money into the treasui-y of the District than required, and which 
would, of course, come out of the taxpayers of the District of 
Columbia. It was found also that the rate of taxation for the 
District of Columbia was fixed by law at 1+ per cent, and that 
there was no possible way, under the law as it now stands, by 
which that rate could be lowered; that a person owning apiece 
of property heretofore valued, say, at $5,U00 might legitimately 
be assessed by the jiresant assessors at a valuation of 815,000: 
and in that case the owner wovdd pay three times as much as he 
did last year. This would in very many cases be a very great 
burden and hardship to the people here who have small hold- 
ings and own small houses. In fact it would practically amount 
to confiscation. A number of these people called on me and 
drew my attention to this fact. They said their assessments 
had been raised in a most extraordinary way, and that when 
they went to the board of assessors they were told that all 
j)roporty in that ssction was assessed on the same basis; that 
property had advanced very much; that somebody had bought a 
piece of property in that neighborhood and paid such and such 
price for it; and therefore the assessors had raised the valua- 
tions accordingly. 

That is the reason v/hy it was suggested by the property-own- 
ers in the District of Columbia and by people here generally 
that a board should be appointed to review the assessments made 
by the board of assessors. It did not seem right that these men 
should review their own work as they were doing. Naturally 
enough, a man who had assessed a piece of property at $5,000 
was not going to put it down to $3,000 at the mere request of the 
owners. In other cities, I understand, as in my own city, there 
is a board of review, and people can go to this board of review 
and make their statements, and they can, if facts justify their 
statements, have some change made in the assessments; but that 
is almost impossible under the system in vogue here. 

Therefore, I put in the second amendment, that a baard of five 
persons, who should servo without compensation, be appointed 
to reviev,' the work of the board of assessors. I think it is of 



very great importance that those two amendments should pass 
at this time. 

Mr. MITCHELL. JSIay I ask the Senator a question? 

Mr. MCMILLAN. Certainly. 

Mr. MITCHELL. I wish to inquire if the Committee on tho 
Disti'ict of Columbia made an investigation of the existing law 
as to whether the rate of taxation is absolutely fixed at li per 
cent, or whether that is simply tho maximum beyond which the 
Commissioners may not go? 

Mr. McMillan. I referred that matter to the attorney for 
the District of Columbia, and he has reported that there are two 
laws on the subject; that the two lawsconflict in some way; and 
that the result of the two is that they can not charge any less 
than li per cent. They can not fix the rate at any more than 
one and a half, and they can not fix it at any less. 

Mr. MITCHELL. It has been absolutalv fixed at one and a 
half? 

Mr. MCMILLAN. It has been absolutely fixed. That is the 
difficulty. This amendment simply places it so that whatever 
is needed for the wants of tho District of Columbia shall be at a 
rate of taxation to be fixed in accordance with that need. It may 
to 1 per cent, it may be 1* i)er cent, or whatever rate may be 
required to raisa the money appropriated by Congress. If that 
is not done, there will be two or three million dollars raised by 
taxatiim only to lie idle in the Treasury. It is to avoid any such 
difficulty that this amendment was proposed. 

Mr. MITCHELL. It is to obviate the difliculty arising from 
a rate fixed inflexibly at I i jjar cent? 

Mr. McMillan. That is it exactly. I hope the point of or- 
der will not be sustained. 

Mr. VEST. Mr. President, I labor under one difficulty in the 
matter. I have not the technical or export knowledge which 
enables me to speak accurately, and I am compelled to rely greatly 
upon the statements of others. 

In regard to tho amendment of the Senator from Iowa as to 
which I withdrew the point of order upon his statement, I have 
just received from the East Washington Citizens' Association 
the following communication: 

Deak Sir; In behalf of the East WashinKton Citizens' Association, an or- 
ganization comprising over 300 of the leading property-omiers of this aec- 
tion of the District, I hes of yon to prevent the consuBimation of the t'igantlo 
robbery contemplatecl bv extending the assessment of 1S89 for another year, 
which would virtually filch over 81,000,000 from the treasury of this District, 
which sum is so sadly needed for piiblic improvements. This action is wholly 
In the Interest of that wealthy class, which is tmfortimately so predominant 
iu the management of our affairs, and which is now complaining over the 
]iew assessment because it partially correvts the evils of uueciual as-sess- 
ments, of which system they are the beneficiaries. Under all circumstances 
the overwhelming majority of the taxpayers of this community, who are 
imdoubtedly opposed to such extension, should be gi'antcd an opportunity 
to oppose the crying shame of the adoption of such a scandalous proposi- 
tion; in plain language, it would be a legali:!ed .steal. 
Very truly, yoiu's, 

M. I. WELLER, 

Ch.air»wn. 

And signed by a number of others. 

In this communication is inclosed a report of the committee of 
assessments of the East Washington Citizens' Association, and 
I wish to call attention to tho extraordinary state of case that 
prevails now in this District. They assort here that '' on a con- 
servative estimate it would be safe to assume that on an average 
the assessed value of any of these District properties," which are 
enumerated above, " except the last six. is not one-tenth of its 
true valve; " and they proceed then to make good their state- 
ment by specific allusions to lots and squares in the city of Wash- 
ington, with the assessment and with the real value. 

My attention was called last evening after the adjournment of 
the Senate to a lot opposite to the Ebbiit House, which is as- 
sessed at $12 a foot and the owners ask SOO. Property upon the 
same street in the direction of the Capitol has sold for S30 a 
foot. But the statements in this report are the most exti'a:)rdi- 
narj- 1 have ever seen. For instance, here is a piece of property, 
.square 289, in lot 7, assessed at -$5.50 a squai-c foot on June ;', 
1M89, and it sold for $39 a foot seven months ago. Here is an- 
other piece, square 223, lot 1, assessed in 1889 at S2.75 a square 
foot, and the inside lots sold for .$23.50. 

Mr. PLATT. I do not understand how this proposed amend- 
ment extends the present assessment. As I understand it, the 
proposed amendment provides for a new assessment. 

Mr. VEST. The last amendment proposed by tho Senator 
from Iowa adopts the assessment of 18S9. What I am reading 
from 

Mr. WOLCOTT. That amendment is not in the printed bill? 

Mr. VEST. No, it is not in the printed bill; but I am reading 
from the very assessment which is adopted by the Senator from 
Iowa in his amendment. 

Mr. PRYE. How does the Senator get over the statement 
which has been made that under existing lav/ the tax can not be 
lower than li per cent nor hicrher? If. therefore, you should go 
on and quadruple the asse-sjd value of the property of the Dis- 



1892. 



CONGRESSIONAL EECORD— SENATE. 



5937 



The PRESIDING OFFICER (Mr. Platt in the chair). The 
Senator from Arkansas asks for the j-eas and nays upon the three 
amendments from lino 12 to line 20, inclusive, on page 114, to bo 
considered as one amendment. Is there objection to considering 
the three as one amendment':' 

Mr. ALLISON. I have no objection. 

Mr. GEORGE. I should like to have the amendment stated. 

The PRESIDING OFFICER. The amendment will be stated. 

The Secretary. On page 114, after line 11, the Committee 
on Appropriations i-aport to insert: 

To enable the Secretary o( the Treasiuy to pay to the widow of the late 
Chief Justice Morri-sou R. Walte, *10,SOO. 

To enable the Secretary of the Treasury to pay to the widow of the late 
.Samuel F. Miller, a justice of the Supreme Court of the United States. JIO,- 
000. 

To enable the Secretary of the Treasury to pay to the widow of the late 
Joseph P. Bijadley, a justice otthe Supreme Court of the United States, *10,- 
000. 

Mr. GEORGE. Mr. President 

The PRESIDING OFFICER. Is there objection to treating 
the three items as one amendment';" 

Mr. GEORGE. I have none. 

The PRESIDING OFFICER. The Chair hoars no objection; 
and the three items will be treated as one amendment, on which 
the yeas and nays are demanded. 

The yeas and nays were ordered. 

Mr. GEORGE. I desire simply to say that, however much I 
may have esteemed, and I did esteem, all these three judges 
whi se widows are to be benefited by this appropriation, I do not 
believe it is just and right to levy upon the taxpayers of this 
country the sum of $3O,0U0 in order that we may make a gift of 
that sum to these very estimable persons. I do not believe in 
the propriety of giving money out of the United States Treas- 
ui'y to any person who has no legal claim to it, however meri- 
torious that person may be. 

For that reason, and not on any ground personal to any of these 
ladies, but upon the ground that such appropriations are mere 
gifts of the people's money, without justification and without 
warrant, I shall vote against the amendments. 

Mr. VOORHEES. Mr. President, I understand these several 
amounts are simply a year's pay which would have accrued to 
the justices had they lived. I understand that the custom has 
been in this Government from its foundation that in the case of 
the death of a Senator or a Member of the House of Representa- 
tives, a year's salary is paid to the family. It is upon the prin- 
ciple. I presume, that nobody is ever ready for death; it is upon 
the principle, I presume, that preparation is not made for that 
awful change which must come to us all; and we have dropped 
into the custom of giving some assistance upon that occasion as 
if the person had lived another year. 

This is not like a pension. It is simply a year's pay to enable 
those poor women, advanced in life, to meet this dreadful calamity 
somewhat better than if they were loft without it. 

With these views, and in accordance with the custom which 
we have established for ourselves as Senators and Members of 
Congress, I shall vote for this amendment. 

Mr. ALLISON. Mr. President, I do not wish to enter into a 
discussion of this question. It is a familiar one to the Senate, "as 
respects two of the persons named in the pending amendment. 
We have been in the habit for a great many years, certainly 
since I have been a member of this body, and it has been the 
custom in the House of paying to the families of Senators and 
Members of the House fur the full term of the Congress to which 
they were elected, although they may have died in the very 
beginning of the Congress. I have no doubt that this session 
will not be an exception to that rule. It is undoubtedly based 
uiwn the idea, which is a true one, that those who leave their 
homes and occupations and come here to serve the Government, 
require that their families should have a brief period to arrange 
the situation as respects their homes. 

It so happens that one person named in this amendment is the 
widow of that great jurist, Samuel F. Miller, who for twenty- 
eight years upon the Supremo Bench of the United Stages served 
his country with as much distinction as any man has served it in 
the United States. He resided here as became a Justice of the 
.Supreme Court of the United States. He served more than three 
years after the term at which the law would have allowed him 
to retire upon full pay. His widow now lives in a humble home 
in the city of Keokuk, in Iowa, transferred to that humble home 
from the home which her husband occupied here for many years. 
It took a few months, and I think the Senate will say she ought 
to be allowed one year to transfer the little that she has left from 
the home which she had in this city to the humble home which 
she occupies now in Iowa, without income and without revenue. 

I will leave it to the Senate to say whether the widows of these 
eminent men shall not be allowed one year's compensation, which 



we allow to the widow of every deceased member of the House 
of Repi-esentatives and of the Senate upon the appropriation bill 
that pass^^s during every session of Congress. 

Mr. BERRY. Mr. President, I want to say that so far as vot- 
ing money to the widows of Senators and Members is concerned, 
I have uevc-r given such a vote. I have n.-vor voted a dollar to 
them, nor do I believe that we have any right to vote them a 
dollar. If the salary of *"),000 a ycav fixed by law is not suffi- 
cient, the law ought to be changed. If it is the purpose to give 
the widow of a Senator or a Member $.5,000 at his death, it ought 
to be so specified in the law befciro he is elected to the place, 
and then she would be entitled to it under the law. But we come 
here and the law provides that we shall receive $.'j,000 per an- 
num. It does not say that we shall receive more than that. 
When we take $.5,000 of money that docs not belong to us we 
take $5,000 of trust funds and givo it to the widow of a Senator 
or a Member. I assert that we have no right to do it, and 
it is a wrong upon the people of the United States for men to 
stick the items in an appropriation bill when they have not got 
the nerve to vote and put such a provision into the law. 

Every word I have said in regard to the widows of the justices 
of the Supreme Court applies with equal force to the widows of 
Senators and Members, and we ought not to vote this allowance 
to either unless we pass a law saying' it shall be part and parcel 
of the salary. 

The Senator from Iowa can ajipeal with great pathos in regard 
to a widow living in an humble home, and it appeals to the sym- 
pathy of every man in the country; but there aro hundreds and 
thousands of widows living in homes which are more humblo 
than that occupied by the wife of the late eminent .Justice Miller. 
They extend throughout every State in the Union. This is the 
jieople's money with which we are dealing. Wo have the same 
right to take it out and pay it to the most humblo widow in 
Keokuk who lives in a cabin that we have to pay it to Mrs. Miller. 
If we owed the late .Tustice Miller a dollar in the world, 1 say 
pay it. But you admit that we do not; and when you appeal for 
his widow in her humble homo at Keokuk I appeal for the other 
widows there, who are poorer than she, who have the same right 
to ask us to take the people's money and give it to them as to 
give it to this widow. 

I know the Senate is going to vote this appropriation. It has 
voted it before. It has voted it to the widows of Senators and 
Members. I have never cast such a vote. I do not believe I 
have any right under my oath to take the public money and use 
it in that way, and I shall not vote it in either the one case or 
the other. 

Mr. PALMER. Mr. President, I should like to make a few 
observations on this question. I have always supposed that one 
of the very best securities for faithful, earnest, impartial judi- 
cial service was that the judge should feel relieved from those 
anxieties that disturb men who are engaged in active life. I 
have supposed that a judicial place, such as Justice Waite and 
Justice Miller had, involved very large expenses and almost for- 
bade the possibility of leaving to a family any satisfactory pro- 
vision. I have felt that the assurance when a man dies that 
those whom he leaves would have some provision, has been one 
of most striking encouragement to faithful, earnest judicial 
service. 

I appreciate the force of the remarks of the Senator from Ar- 
kansas [Mr. Berry], and I sympathize as he does with the fact 
that there are hundreds of poor widows in the country who need 
assistance; but I will say to my friend with great sincerity it 
does not occur to me that that affords any reason in the world 
why, when we have this opportunity to relieve these three par- 
ticular widows we should not do it. I should be glad if the chair- 
man of the Committee on Appropriations would agree to amend 
these several appropriations so as to concede it to be for one 
year's salary of the late Chief Justice Waite i.nd Justice Miller 
and Justice Bradley, and put it on that ground. 

Mr. ALLISON. I will accept the suggestion of the Senator 
from Illinois. 

Mr. BERRY. Mr. President, I object to any amendment that 
would tend to show in the bill that a year's salary was due from 
the Government, and that would be the purpose and ert'ect of it, 
I presume. We do not owe them any year's salary, and if you 
put it in the bill as one year's salary it goes out to the country 
that we were indel^tod to them. I object to any such amend- 
ment going in the bill. If you specify the amount they would 
have been entitled to if theyhad lived another year that is suf- 
ficient. 

Mr. ALLISON. If the Senator will yield to me, I move to 
insert at the end of each item " being the amount of one year's 
salary.'' 

Mr. HARRIS. I should prefer the language, " equal to the 
amount of one year's salary." 



XXIII- 



-372 



5938 



CONGRESSIONAL EECORD— SENATE. 



July 9, 



Mr. ALLISON. Very well, "equal to the amount o£ one year's 

Mr. BERRY. To that form I have no objection to the modi- 
fication. 

The PRESIDING OFFICER. The Senator from Iowa sug- 
gests an amendment to the amendment, which will be stated. 

Mr. PALMER. That amendment being- accepted I wish to 
make a single observation. 

The PRESIDING OFFICER. The Secretary will first state 
the amendment to the amendment. 

The Secretary. After the word "doUai-s,'' in line 14, pa^e 
114, insert "equal to the amount of one year's salary;" in line 17, 
after the word " dollars," insert " equal to the amount of one 
year's salary," and in line 20, after the word " dollars" insert 
"equal to the amount of one year's salar_y." 

The PRESIDING OFFICER. The amendment to the amend- 
ment will be agreed to, if there be no objection. The Chair 
hears none, and it is agreed to. 

Mr. PALMER. Mr. President, I know the reverence that 
the people of Ohio have for the memory of Chief Justice Walte, 
and I do not allow the peojjle of Iowa to claim Mr. Justice Mil- 
ler. Mr. Justice Miller, taking him all in all, was one of the 
most remarkable men this country has produced. I feel entirely 
willing to take my full share of re.sponsibility for doing what- 
ever I can to testify my reverence for his memory and to pay 
this slight tribute to the vast services he rendered to the coun- 
try. I desire now particularly to say that ho had the clearest 
conception of the true i-elations between the Federal and State 
governments of any judge that has been upon the Supreme 
Bench for many years. I feel that in this I am acting as the 
people of the State of Illinois would act. I wish I had the power 
to go much further and meet the opposing claims of those to 
whom my friend from Arkansas refers, but I trust that the 
amendment as amended will now bo adoi^ted. 

Mr. GEORGE. Mr. President, it is not a very pleasant thing 
to resist an appropriation which appeals to one's sj'mpathies. 1 
knew Judge Miller very well. I esteemed him as a great judge. 
I think his great judgment in the slaughter-house cases possibly 
prevented a revolution in our constitutional system. I do not 
know how to find words strong enough to praise him for that 
groat judgment, which stands out, and will forever stand out, as 
a landmark in the constitutional history of this country. I 
knew the other two judges, whose widows are hero provided for. 
I esteemed them as men and as jurists. I have a sympathy for 
their families if they are in distress. 

But, Mr. President, the question before the Senate, I think, 
rises above and beyond the mere indulgence of our private sym- 
pathies for the relicts of eminent deceased men. This country is 
a free country, or is supposed to bo. It is, I believe, one of the 
fundamental tenets of our political belief that all men are en- 
titled to equal rights and equal privileges in this country. 

Mr. President, I have failed to hear the argument, the fair 
argument, suggested why the families of these men, great as 
they were, distinguished for high and good public service as 
they wei'c, are entitled upon the decease of those men to priv- 
ileges which are denied to everybody else. 

Now, I am going to say something that I believe, and I am 
afraid I shall shock some man who believes in the sanctity, 
the dignity, if not the divinity of official station. I believe that 
the .citizen of the United States who does his full duty in that 
walk of life in which his destiny has placed him, has served his 
country as well and as faithfully as the man who had the good 
fortune to be elevated to high and distinguished place and honor 
in his lifetime. In other words (and I hope nobody will faint 
when I say so) I believe that the blacksmith who does his duty 
fairly and well to his country and his family, the farmer who 
pursues his calling rightly, industriously, and pi-operly, or any 
other laborer who does his duty in life fairly and well, is just a"s 
much entitled to the sympathy of the American Congress and to 
a largess out of the American Treasury as the highest official 
who ever filled an office in this country. That is my belief; and 
when a man above all others in this country had an exceptionally 
good place, a salary of $10,000 a year, with the privilege after 
ten years of service and his arrival at the age of 70 to lay down 
his official cares and draw his salary to the end of his life, I do 
not see when above all others he has been thus favored there is 
any reason or cause to demand from the people of this country 
further advantages, further privileges, and further emoluments. 

We get $5,000 a year. I will say something now which I be- 
lieve, and I hope it will shock nobody. There are membei-s of 
the Senate, plenty of them, who do as faithful and useful public 
service as any judge of the Supreme Court who gets twice the 
salary. I am going to talk plainly. "When men receive double 
the salaries which are considered sufficient, and I believe they 
are sufficient, for Senators and Representatives, and receive them 
for life instead of for a specified time, I do not see why out of a 



sum which is double the salary of Senators and Members a suf- 
ficient amount can not be saved to lighten the burden, to lessen 
the cares of the surviving relatives of the party when he is dead. 

Then again, Mr. President, if we are to give the widows of 
the judges of the Supreme Court a sum equal to one year's sal- 
ary, what is the reason why we shall not give it to the widows 
of the circuit judges? There are now, I believe, eighteen cir- 
cuit judges who will leave widows after awhile, unless their 
wives die before the husbands. Then, I believe, there are forty- 
nine or fifty district judges. What is to become of their widows? 
The circuit judges get less than the Supreme judges; they get 
only $6,000, and the district judges get $5,000 a year; and by 
the way allow me to say, without hurting anybody's feelings 
(and I do not want to hurt anybody's feelings), they receive 
about double as much as the services of about half of them are 
worth. Now, if we are to go upon the idea that v/hen judges 
who have these high salaries for their lifetime como to diethoir 
widows must have an additional year's salary, why not apply it 
to these other men? Why not? There is no answer to that 
question. 

Oh, but it is said, we pay it to the widows of Senators and 
Representatives. I do not know what the practice is on that 
subject, but I will say right hei-e, if such a custom has grown 
up, it is a custom that instead of being made a pr6ced.ent for 
further aggressions upon the Federal Treasury ought; to be 
abolished. 

Now, let me say another thing while I am up. It is just as 
well to say it. In all that portion of our beloved country south 
of the Potomac, or at least in all that portion of it commonly 
called the cotton States, the people are just at this moment, and 
have been for the last year, in the most dire pecuniary distress. 
Sir, if you will go into North Carolina, South Carolina, Missis- 
sippi, and the other cotton States, there is not one married 
woman in ten thousand who would not consider herself and her 
family fortunate if they were the possessors, not yearly, but the 
possessors, taking it all together, of $5,090, one-half the amount 
here proposed to be given. That is the condition. They are in 
debt, living hard, taxed to increase the already overgrown 
wealth of millionaires, bearing themselves up bravely against 
the misfortunes of life— 

The slings and arrows of outrageous fortune. 

Yet we do not hear one of them coming here and saying, Give 
me $5,000, or $10,000, or any other sum. Not a bit of it. 

What is this proposition':' It is simply to add to the burden, 
however small it may be, of these already overtaxed, distressed, 
and impoverished people another feather in order to make some- 
body's life far above their lives in comfort, in ease, and elegance 
still more comfortable, to draw a line and mark it more dis- 
tinctly between the condition of those who happen to be the fa- 
vorites of the Government and the condition of those who are 
the burden-bearers of the Government. 

This is no place for .sympathy. If it is a place for sympathy, 
I am in favor of the old-fashioned Scriptural way of showing sym- 
pathy, and that is by putting the hand of one who feels the sym- 
pathy in his own pocket and giving to the worthy object instead 
of putting his hand into somebody else's poeket in order to I'elieve 
distress. lam opposed to that kind of charity. Oh, what a sweet 
thing charity is when one contributes from his own earnings and 
submits to self-denial in order to make the donation! What a 
miserable humbug it is when the sympathizer discharges his 
duty of charity by voting or taking the money from somebody 
else and giving it to the object of charity! 

Of course, I am not to be understood about this matter as hav- 
ing any objection personally to either of these three,judges. I 
knew them all; I esteemed them all, and especially did I esteem 
the one who rendered most conspicuous and valuable service not 
only to the section of country from which I come but to the whole 
pountry in his great judgment in the Slaughter-house Cases. I 
esteemed him as I diii the others, and it is not because they were 
Republicans that I oppose this appropriation; it is not because 
they did not live in my own section of the country: it is not be- 
cause I feel any disposition to criticise what they may have done 
upon the bench, but it is because I believe it is a perversion of the 
powers which have been granted to us to take money from those 
who have but little ot it, or even if they had a great deal of it, 
and give it to any jirivate person whatsoever. 

Mr. HARRIS. Mr. President, I am not forgetful of the fact 
that I have heretofore upon more occasions than one excited a 
smile of derision in thisb:)dy by the suggestion that I propose to 
make now. These amendments propose to appropriate from the 
Treasury of the United .States $30,500 to objects that command 
justly and excite the sympathies of all of us. But I have never 
forgotten, and I do not now forget, and I do not intend in the 
future to forget, that my commission as a Senator has not au- 
thorized me to compel by taxation (55,000,000 people tocontribute 
to charities, no matter how meritorious. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



5939 



1 am aware that I shall be laughed at when I say that the tax- 
ing power was given to this Government to enable it to raise the 
money necessary to perform the duties the Constitution imposed 
upon 'it, and it was given for no other purpose; and whenever 
you use the taxing power for purposes other than these it is a 
usurpation and an abuse and a wrong in my opinion. 

Senators may sneer and may smile at such a construction of our 
powers. I know that if these'be the limitations of power they 
are every day violated, and I suppose every day will be violated; 
but I have never seen the time when I felt at liberty, however 
strongly the charity might appeal to my sympathies and to my 
desires, to vote money out of the Treasury to a mere charity. 

I have as much sympathy with these ladies as any other Sena- 
tor upon this floor, but I can not and will not, with my construc- 
tion of my own duties, vote the money out of the Treasury to 
this or to any other donation, or to any other purpose that is 
not necessary to the Government itself in the performance of its 
own duties to the country. 

I need not detain the Senate further. I have defined fully in 
these few words the view that will control my vote. I shall vote 
against these amendments and all other amendments which in- 
volve the same principle. 

I^Ir. CAIjIj. Mr. President, I think it is proper that those of 
us who entertain the opinion that the Government of the United 
States has the power to reward a public servant adeq^uately 
should give some reason for that belief. 

The taxing power of the United States is that of a great gov- 
ernment, and the objects for which it is bestowed are certainly 
within the limitations of the Constitution. But they ai-e so 
mixed and blended with matters which are not always in their 
entii-ety of that descrijition that no man can vote and vote intel- 
ligently upon that proposition so as to eliminate from it consid- 
erations of charity and of justice to individuals. Were not IMr. 
Justice Miller's services worth $20,000 to the people of thiscoun- 
try. when they gave to these poor widows subsistence, protec- 
tion, and prosperity which they would not have had without his 
enlightened interpi-etations of the law? Were not the services 
of Mr. Justice Miller of very great value, interposing barriers 
of judicial authority at a period when public opinion was e.\- 
treme in one direction? How many widows, theii' property and 
their homes, were preserved from scenes of violence, perhaps, by 
that judicial interpretation that this distinguished jurist put 
upon the law? 

Now, who can say that these poor widows received no benefits 
from the interpretation of this man and that a compensation is 
not due to him or his family for his fidelity to these great masses 
of ])00r people -whoso very life and comfort depended upon the 
ability, the integrity, the impartiality, and the resistance which 
he made to millionaires and millionaire policies? Who shall say 
that we are prohibited from giving him adequate compensation 
because it was not done years ago in the form of a statute? What 
kind of merit, logic, or reason is in that? 

The people of the United States have given to us this taxing- 
power, and they have intrusted it to us for great public policies 
and public objects. Who shall say that it is not proper for that 
policy to surround the members of judicial tribunals with such 
protections as will render them independent of submitting to 
individual interests or powerful combinations? I take it, no 
one. I do not see any objection at all to deciding here to-day 
that Mr. Justice Miller's services to the poor widows and to the 
women and children of this country entitle him to this compen- 
sation. There is non^in reason. We can decide it just as well 
to-day on this bill as we could by making a separate statute, and 
it is our duty, in my judgment, to so decide it. 

But then, Mr. President, there are considerations of public 
15olicy. It is no honor to yie masses of the people of this coun- 
try to say to them that those to ^Yhom you have intrusted power, 
whom you have jilaced in a position where large expense must 
be maintained because of the very necessity of the position — it 
is no honor to these Democratic people of this country to say 
you shall dishonor your public servant and his family, you shall 
confine thom to poverty, you shall make them dependent upon 
friends and advantages of life, and you shall make themselves 
and their children dependent upon the liberality or favor of pri- 
vate individuals of -wealth and of great associations that com- 
mand superior means and superior station. It is no honor in 
the Democratic people of the country to destroy the independ- 
ence, the character, and the dignity of the public servants whom 
the people want to represent them and to protect them in their 
interests as against class legislation. 

For these reasons, Mr. President, I think that it is utterly im- 
practicable to establish a system or policy such as my friend from 
Mississippi [Mr. George] advocates here, a system which will 
put the public servant upon the vei-y lowest ground of absolute 
nei.-i-.isity, upon bread and water, and say to him. If you enter 
into public life and devote yourself to the policies that will bene- 



fit the great mass of the people, your reward shall be, if you die 
and leave your family, that they shall be outcasts upon the streets, 
reduced to the lowest condition of poverty; you shall have for- 
getfulness and neglect, instead of the appreciation of the people 
and the pi-otection of your family. 

I would like to know upon what ground this great amount of 
pension money is voted, what the reason is, if it is not that those 
who survive of those who offered life, health, and strength to 
their country are properly a charge upon those who did not go 
into the battle, who did not sacrifice their lives, but retained 
their lives, their property, and their health, bjcausa of the sac- 
rifices that those men made. There is no other ground for that 
public iJolicy. No man can vote for this great pension money 
upon any other justification than that. 

That reason is quite as strong and quite as applicable to the 
public servant who gives his lite to the people and to the policy 
that make every humble home comfortable and every widow free 
from poverty in this whole land and give her tlio opportunity of 
rejoicing and of comfort. That is the reason why I shall vote ' 
for this amendment. 

The PRESIDING OFFICER. The Secretary wUl call the roll 
on agreeing to the amendment of the committee as am^-uded. 

The Secretary proceeded to call the roll. 

Mr. BERRY (when his name was called). I am paired with 
the Senator from Colorado [Mr. Teller]. The Senator from 
New Hampshire [Mr. G.vllinger] is paired with the Senator 
from Texas [Mr. Mills]. We have transferred our pairs so that 
the Senator from Texas [Mr. Mills] will stand paired with the 
Senator from Colorado [Mr. Teller]. I vote " nay."' 

Mr. COIjQUITT {when his name was called). I am paired 
with the Senator from Iowa [Mr. Wilson]. 

Mr. CULLO^I {when his name was called). I am paired with 
the Senator from Delaware [Mr. Gray]. If it is agreeable to the 
Senator from Tennessee [Mr. Harris], I will transfer my pair 
to the Senator from Vermont [Mr. Morrill], and we will vote. 
I vote "yea." 

Mr. DANIEL (when his name was called). I am paired with 
the Senator from Washington [Mr. Squire]. Otherwise I 
should vote " nay." 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. Dolph]. If he were present I 
should vote "nay." 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. Morrill], and the Senatorfrom 
Illinois [Mr. Cullom] is paired with the Senator from Delaware 
[Mr. Gray]. We transfer our respective pairs, and I vote "nay." 

Mr. McMillan (when his name was called). I am paired 
on political questions with the Senator from North Carolina [Mr. 
Vance]. On this question I feel at liberty to vote. lyote "yea.'' 

Mr. QUAY (when his name was called). I am paired with 
the junior Senator from West Virginia [Mr. Fa-olkner]. If 
he were present I should vote "yea.'' 

Mr. WALTHALL (when his name was called). I am paired 
with the junior Senator from Rhode Island [Mr, Dixon]. If he 
were present I should vote •' nay." 

The roll call was concluded. 

:Mr. HAWLEY. I am paired this week with the Senator from 
Georgia [Mr. Gordon]. His colleague, however, tl-iinks I may 
safely vote "yea,'' and I so vote. 

Mr. PASCO. I desire to announce my pair with the Senator 
from North Dakota [Mr. Casey]. 

The result was announced — yeas 44, nays 8; as follows: 









\'EAS-44. 




Aldi-ich, 




Da-(ves, 


McMillan, 


Ransom, 


Allen.- 




Dubois, 


McPhei-son, 


Sanders, 


AULson. 




Frye. 


Morgan, 


SawTer, 


Brice, 


X 

-o 


Galliuger. 


Paddock, 


Sherman, 


c<in, 


Gibson. Md. 


Palmer, 


Shoup. 


Cameron, 


Gorman, 


Peffer, 


Stewart. 


Carey. 


Han.sbrough, 


Perkins, 


Stockbridge 


Carlisle. 


Hawley. 


Pettisrew, 


Voorhees, 


Chandler, 




Hiscock. 


Piatt.; 


-Wan-en, 


Cullom, 


o 


Hunton. 


Power, 


White, 


Davis. 




.4-* 


Joues, Nev. 


Pugh. 
NAYS-8. 


■Wolcott. 


Bate, 


o 


Blodgett, 


Harris, 


Tm-pie, 


Berry. 


(U 


Coke. 


Jones. Ark. 


Vest. 




CO 


NOT VOTING— 36. 




Biaclvburu, 


Pelton. 


Irby. 


Quay, 


Butler, 




George, 


Kenna, 


Squire, 


Casey. 


f— 


Gibson, La. 


Kyle, 


Stanford, 


Cockrell. 


O 


Gordon, 


Manderson, 


Teller, 


Colquitt, 


U- 


Gi-ay. 


Mills, 


Vance, 


Daniel. 




Hale. 


Mitchell, 


Vilas. 


Dixon, 




Kiffeins, 


Morrill, 


■Walthall. 


Dolph, 




Hill 


Pasco, 


Washburn, 


Faulkner. 




Ho,ar. 


Proctor. 


-Wilson. 



So the amendment was agreed to. 
The reading of the bill was resumed. 



The next amendment 



5940 



CONGRESSIONAL RECOED— SENATE. 



July 9, 



of tho Committcee on Appropriations was, in the clause making 
appropriations for '• building the Library of Congress," on page 
115, after the word "law," in lino I.'j, to insert: 

Provided, That Brig. Gen. Thomas Llm-oln Casey, now In charge of the 
construction of said building, shall continue In said charge until its com- 
pletion, whether on the active or retired list of the Army. 

The amendment was agreed to. 

Tho next amendment was, on page 115, line 23, before the word 
"thousand," to strike out "three" and insert "five; " so as to 
make the clause read: 

Botanic Garden: For reconstructing with iron frame three plant houses; 
repairs to heating apparatus, painting large conservatory inside and out; 
and for general repairs to the various buildings connected with this garden, 
under the direction of the Joint Committee oil the Library, !f5,000. 

The amendment was agreed to. 

The next amendment was, in the appropriations for "Public 
printing and binding," on page 119, to atrike out the clause from 
fine 4, to line 14, inclusive, as follows: 

No report, publication, or documentshall be printed in excess of the num- 
ber of 1 000 of each in any on,"^ fiscal year without authorization thereof by 
Congress, except that of the annual report of the h-ad of the Department 
■without appendices there may be printed in any one fiscal year not to ex- 
ceed 5,000 coijies, biiuud iu pamphlet form; and of the reports of chiefs of bu- 
reaus without appendices there may be printed m any one fiscal year not to 
exceed 3,.500 copies, bound in pamphlet form: Provided. This restriction or 
limitation shall not apply to the Department of Agriculture. 

The amendment was agreed to. 

The next amendment was, on page 119, to strike out the clause 
from line 1.5 to line 17, inclusive, as follows: 

Heads of Executive Departments shall direct whether reports made to 
them by bureau chiefs and chiefs of divisions shall be printed or not. 

The amendment was agreed to. 

The next amendment was, on page 120, after line 20, to in- 
sert: 

Heads of Executive Departments shall direct whether reports made to 
them by bureau chiefs and chiefs of divisions shall be printed or not. 

The amendment was agreed to. 

The reading of the bill was continued to line 2, on page 121. 

Mr. ALLISON. We have now reached a point in the bill 
where there may be some little debate, and before wo go further 
I should like to present several amendments that I think will 
lead to no discussion. On page 31, after line .5, I move to in- 

MISCELLANEODS, TREASURY DEPARTMENT. 

Tor 600 copies of Lewis Heyl's work, entitled "United States Duties on 
Imports," edition of 1891, $1,800, one copy for each Senator, Representative, 
and Delegate, and the residue tor the equal use of the Committee on Finance 
of the Senate and the Committee on Ways and Means of the House of Kep- 
resentatives. 

This is an amendment from the Committee on Finance. 

The amendmoiit was agreed to. 

Mr. ALLISON. On page 3, after line 6, I move to insert: 
For providing naval and coaling stations, SJoO.OOO, to be expended under 
the direction of the President. 

The amendment was agreed to. 

Mr. ALLISON. On page 57, after line 2, I move to insert: 

To enable the Board of Capitol Police to employ additional policemen dur- 
ing the meeting of the national encampment of the Grand Army of the Re- 
public in September, IS'.IJ, !fl,200, or so much thereof as may be necess:iry. 

The amendment was agreed to. 

Mr ALLISON. I have no further amendments to offer. 

Tho VICE-PRESIDENT. The reading of the bill will be. pro- 
ceeded with. 

Tho next amendment of the Committee on Appropriations 
was, to insert as a new section, beginning at line 3 on paee 121, 
the following: 

AID TO THE WORLD'S COLtJMBIAN EXPOSITION. 

Sec. 2. That for the purpose of aiding in defraying the cost of completing 
the work of preparation for inaugurating the World's Colnmbi.an Exposi- 
tion, authorized liy the act approved April 2.i, A. D. 1890, the Secretary of the 
Treasury is authorized and directed to have recolned Ifo, 000,000 in halt-dollar 
tilver co'ins from the uncurrenl subsidiary silver coins abraded below the 
limit of toler.tnce now in the Treasury, which coins shall be of the same 
weight and fineness and have in all other respects the same qualities as the 
silver half-dollar u.w authorized by law; said coins shall also be of such de- 
sign and be stamped and engraved with such inscriptions and devices as \vill 
designate their value as roiiis of the United States, and also make them suit- 
able souvenirs of said celebrati.m of the four hundredth anniversary of the 
discoverv of America by Christopher Columbus, and there is hereby ;ippro- 
priated from the Treasury the said $5,000,00'J so coined; and the Secretary of 
the Treasury is authorized to pay the same as lawful money to the World's 
Columbian Exposition monthly in such amounts as may be needed, iu his 
discretion, upon det;illed estimates of the expenditures for the succeeding 
month certified to him bv the president of the World's Columbian Exposi- 
tion and by the director-general of the Worlds Columbian Commission, to 
be approved bv the Secretary of the Treasury, for labor to be done, mate- 
rials to be furnished, and services to be performed in prosecutiuc said work 
of preparing ^aid Exposition for opening on May 1, 1893: Provide'/. That be- 
fore the Secretary of the Treasury shall pay to the World's Columbian Ex- 
position any part of the said $.5,000,000 satisfactory evidence shall be fur- 
nished him showing that the sum fjf *10,000,0.t0 provided for by the fifth 
section of the act of April 35, 1890, has been collected and disbursed as re- 
quired by said act; and that the said World's Columbian Exposition shall 
furnish a satisfactorv guaranty to the Secretary of the Treasury that any 
firrther sura actually necessary to complete the work of said Exposition to 
the opening thereof has been or will be provided by said corporation; but 



nothing herein shall be so construed as to authorize the delay or postpone- 
ment of the preparation of the souvenir coins hereinbefore provided for, 
and there is hereby appropriated, out of auy money in the Treasury not 
otherwise appropriated, the sum of $100,000, or so much thereof as may be 
necessary, to reimburse the Treasiu-y for loss on such recoinage. 

Mr. McMillan. Would I bo in order to move an amend- 
ment to the bill? 

The VICE-PKESIDENT. The committee amendments are 
not yet concluded. The amendment of the committee proposing 
to insert section 2 will be read. 

The Secretary proceeded to read section 2, and read to line 2, 
on page 122. 

Mr. CULLOM. I call tho attention of the chairman of the 
committee to the suggestion of an amendment that I think ought 
to come in on the first line of page 122, after the word " Exposi- 
tion." I suggest the insertion of the words "or in his absence 
or inability to act, by the vice-president; " and then in the next 
line, after the words "by the director-general of the World's 
Columbian Commission," to insert " or in his absence by the pres- 
ident of the Commission." I think thos j two amendments should 
ha inserted. 

Mr. ALLISON. Those amendments may be in.serted by unani- 
mous consent. They are probably necessary to provide for a, 
condition of things that may arise in the absence of the presi- 
dent or director-general. 

Mr. CULLOM. That is the only purpose I have in offering 



them. 

Mr. ALLISON, 
will be present. 

Mr. CULLOM. 



Though the usual presumption is that they 



the word 



In the first line, on page 122, aft3 
" Exposition,-' I move to insert: 
Or in his absence or inability to act, by the vice-president. 
And then in the next lino, after the word "Commission," re- 
ferring to the director-general of the World's Columbian Com- 
mission, I move to insert: 
Or in his absence, by the president of the Commission. 
Mr. PALMER. I would suggest to my colleague that it has 
been suggested to rne that the object he has in view might be 
accomplished by striking out the word "and." in th3 first line 
on the one hundred and twenty-second page, and inserting the 
word " or." 

Mr. CULLOM. That would leave only one officer to certify, 
and the question would bs whether that would bo regarded as a 
sufficient guard upon the Treasury. In other words, the tho'jry 
of the bill is that not only the director-general but the presi- 
dent of the Commission shall certify to the Secretary of the 
Treasury. 
Mr. PALMER. I yield to the preference of my colleague. 
Mr. CULLOM. This is in accord with a letter which I have 
received fromanoflicerof the Columbian Exposition, suggesting 
those words. 

Mr. PALMER. While I am on my feet I should like to ask a 
question. 

Mr. ALLISON. I suggest to the Senator from Illinois to let 
the amendments be stated. 
Mr. PALMER. Very well. 

The VICE-PRESIDENT. The amendment to the amendmsnt 
will be stated. 

The Secretary. On page 122, lino 1. after the word " Expo- 
sition'" insert "oi' in his absence or inability to act, by the vice- 
president." 

Mr. VEST. Should we not say vice-president of the Expo- 
sition'? 

Mr. CULLOM. It would read: "Certified to him by the presi- 
dent of the World's Columbian Exposition, or in his absence by 
the vica-presideut of the World's Co^imbian Exposition." I do 
not think it would be necessary to insert that. 

The VICE-PRESIDENT. The question is on agreeing to tho 
amendment moved by the Senator from Illinois, to tho amend- 
ment of the committer. 
The amendment to the amendment was agreed to. 
The VICE-PRESIDENT. Th? next amendment moved to tho 
amendment by the Senator from Illinois will be stated. 

The Secretary. In line 2, on page 122, after the word 
" Commission " insert: 
Or in his absence by the president of the Commission. 
The amendment to the amendment was ag'reed to. 
Mr. PALMER. Mr. President, I desire to call the attention 
of the Committee on Appropriations to the language of the hill 
as it relates to the coinage of silver half-dollars that may be is- 
sued. A Senator who is not present to-day but who is interested 
in this provision of the bill, and concurs in its object, yesterday 
expi-essed to mo some doubt as to whether the effect of this lan- 
guage would confer upon the half-dollars to be issued the legal- 
tender quality. I myself supposed that the language was suf- 
ficent, but he had some doubt about it, and at his request I ask 



1892. 



CONGRESSIONAL EECOED— SENATE. 



5977 



tion from the Secretary of the Treasury, transmitting an esti- 
mate of an appropriation of $7,500 for repairs, alterations, and 
improvements in the United States court-houso and post-office 
at Atlanta, Ga.; which was referred to the Committee on Appro- 
priations. 

He also l.iid before the Senate a communication from the Sec- 
retary of the Treasury, requesting- that the provision in the 
sundry civil appropriation bill from line 9 to line 17, inclusive, 
on page 7, relative to the employment of superintendents and 
other persons in connection with the repair and preservation of 
public buildings, be eliminated therefrom; which was referred 
to the Committee on Appropriations, and ordered to bs printed. 

ORDER OF BUSINESS. 

The VICE-PRESIDENT. Is there further morning business? 

Mr. BUTLER. I gave notice a few days ago that after the 
routine morning business to-day I should ask the Senate to pro- 
ceed to the consideration of the bill (S. Ii7) to transfer the Reve- 
nue Cutter Service from the Treasury Department to the Navy 
Department. Of course I do not wish to interfere with morning 
business. 

Mr. DOLPH. I hope the Senator will allow me to call up a 
matter he is familiar with, that will not take time, but will sim- 
ply require reading. 

Mr. QUAY. Mr. President 

The VICE-PRESIDENT. Does the Senator from Pennsylva- 
nia rise to morning business? 

Mr. QUAY. No, sir. I ask the S.mator from South Carolina 
to yield the tloor to me for a moment. 

Mr. BUTLER. Mr. President, I can not hear a word the Sen- 
ator from Pennsylvania says. 

The VICE-PRESIDENT. The Senate will bs in order. 

Mr. QUAY. Will the Senator from South Carolina yield the 
tloor to me for a moment to have a statement printed? 

Mr. BUTLER. I should be very glad to do anything the Sen- 
ator from Pennsylvania desires, if I could hear him: but it is im- 
possible with the conversation going on around me. 

The VICE-PRESIDENT. No business will be transacted until 
order is restored in the Chamber. Senators will cease audible 
conversation. 

RIOT AT HOMESTEAD, PA. 

Mr. QUAY. I desire simply to present, in order that it may 
be printed in the Record, the official statement of the employes 
at Homestead, in accordance with the arrangement concluded 
on Friday last with my friend the Senator from Kansas [Mr. 
Pepfer]. 

The VICE-PRESIDENT. Is there objection to the request 
made liy the Senator from Pennsylvania. The Chair hears none, 
and the matter referred to will be printed in the Record. 

The statement is as follows: 

DEFINING THEIB POSITION— THE E.MPLOYES' CRITICISM OF STATEMENTS BY 
MR. H. C. FRICK. 

Pittsburg, Pa., July 9. 

Tlie following statement was given out to-night by theHomesteacJ iron and 
steel workers under the head of " Homestead employes' answer to the Car- 
negie Company : ■' 

The differences existing between the Carnegie Company and their employes 
at Homestead have drawn from IVIr. H. C. Friok a statement of tlie points in 
dispute, which makes necessary a reply, in order that ^Ai'ong iiuprcssions of 
the conditions may not be received by the public. It is asserted that the em- 
ployes, combined with others of their trade forming the Amalgamated Asso- 
ciation, wish absolute control over the Homestead works. This charge can 
only be supported to the satisfaction of those who deny the right of the em- 
ploye to enter objection to any conditions offered by the empUiyer. 

The workingmau at Homestead, or at any other of the himdreds of mills 
organized into the .Amalgamated Association, have no desire to dictate the 
wages they shall receive; but they see no good reason why they should not 
exercise the privilege of engaging with their employer in the controversy 
through which the rate of compensation for their labor is fixed. The work- 
men are now, as they always have been, prepai'ed to meet the representatives 
of the comp.any and discuss the provisions contained In the scale submitted 
by them. If the conferences already haNTUg been held failed to bring about 
a settlement, it can not be said that this was the fault of the workingmeu. 

The scale luider which the men at Homestead were working was arranged 
in July of 1889. The rate of wages was fixed according to the selling price of 
4 by 4 Bessemer steel billets, the wages advancing and declining with the sell- 
ing price of that article; it was provided that the minimum should be *25. 
Complaint is made that no minimum should have been insisted upon. 

It is the experience of the iron and steel workers that some prevention is 
necessary to protect themselves from bemgreduced to an extremely lowrate 
of pay by the acceptance by manufacturers of sales below current rates; as 
the workingmen do not sell the product, there must be a point where reduc- 
tion in wages by reason of low-Hgured sales shall cease. 

It is alleged that labor organizations are Injurious alike to the toilers and 
those by whom they are employed, in subst.antiation of which it is repre- 
sented by the firm that there is no organization among their employes at the 
Braddock or Duquesne steel works; that the men there are satisfied; that 
they get good wages, and that no strike has occurred at those works since 
the institution of that management. 

It may be said that the satisfaction of which Mr. Frick speaks as existing 
at the above works is forced rather than voluntary, as may be proven by the 
many efforts of the men in these nidls to organize themselves in secrecy. 
Knowledge of such intentions coming to the ears of the company woidd and 
R-as followed by discharge. The wages enjoyed by the men at Hraddock and 
Duiiuesne are the direct result of the rate of compensation sustained by the 
irganizcd iron and steel workers. 



While they are not organized in these mills, the rate of pay for the class 
of work done by them, fixed by their organized fellow-tradesmen, determines 
the pay that can command their services. It is the custom of the employers 
of nonunion men in the ironand sfeel trade to pay the rates provided by the 
Amalgamated scale, in .jrder to secure the services of the men of that trade. 
It is foimd, however, to be Invariably the case that these employers, while 
they pay the rates provided by the Amalgamated Association, require the 
men to accept conditions which are tantamount to a i-educed rate, although 
not appearing on the face. We have reason to believe that the nonunion 
plants ot Braddock and Duquesne can be proven to be no exception to this 
rule. The introduction of improved machinery, to which reference is made 
by the company, had displaced men that were necessary before the introduc- 
tion of such m;ichinery, and iu this manner repays the costs of the invest- 
ment. The output of a mill isalways considered whenarranging scales, and 
it increase of output ivlthout increase ot labor to the workinen is brought 
about by improvements, there is every opportunity ollered by the workmen 
to arrive through conference at an equitable rate; but when the employer 
refuses to engage in discussion with the employ^ on the matter, all hope ot 
a just settlement is lost. 

An attempt is made to lead the public into the belief that the number ot 
men affected by the reduction is few. Here again it becomes necessary to 
impress on the public mind the fact that there are three distinct propositions 
contained in the dispute, namely: 

A reduction in the minimum, another reduction on the proportionate rate 
ofp.\v (thus making a double reduction^, and that the scale terminate De- 
cember 31. 1893, instead of June 30, 1894. It nuist bo understood that while 
all of these propositions do not affect the whole of the Homestead workmen, 
few ot the 3.800 employes of that place escape without being affected bv one 
or more of its provisions. Whatdoesnot affect theouedoes affect the other, 
and it might be said Instead of the company's proposal altering the condi- 
tion of employment of 33.=>, the change is general, and the whole are involved. 
It is stated by the company with much fin-ce that it Is not their desire to re- 
duce theirworkraen below others. The cost of production to the Carnegie 
Company at Homestead is decidedly in favor of the company as compared 
with mills of that character. It can now be shown that they can not estab- 
lish a complaint in that direction. 

In arranging schedules of wages to govern iron and steel workers there 
are innumerable things which must receive attention if justice must prevail. 
The intricacies referred to are such as to render liable erroneous views to 
be drawn by those not familiar with the trade from their discussion m the 
ptiblic press. There can be no legitimate reason why the Carnegie Company 
should deny to their Homestead workmen a conference, where the things of 
which they complain could be analyzed, and, it found unjust, made right. 
The men make no fairer proposition than this, for the simple reason that 
none fairer is possible. If argument and honest reasoning were substituted 
tor the reserve and coldness of maiuier, as seen in the company's present at- 
titude, there can be reason to expect an end of this deplorable state of affairs. 
Does it not seem strange that the Carnegie Company looks with distrust 
upon the organization of its Homestead employes, while at several of Its 
large mills it has tor several years encour;igcd the organization ot the men, 
and at this moment they are getting along satisfactorily together'? 

Surely it will not be charged that the men ot Homestead are less intelli- 
gent or less entitled to those rights which are the principles ot organized la- 
bor, and which are inseparable from their citizenship. 

There are none who regret the lamentable occurrences ot the past few d;iys 
more than those whom the Carnegie Company charge with having teen In- 
strumental in bringing them about. We are willing to allow the public to 
jtulge, after the evidence is all in. whether their charges are true. We teel 
that the erroneous statements given out relative to our conduct will be re- 
moved by impartial investigation in due time. Until then we prefer to for- 
get our recent sad experience. 

TR.\NSFER OF REVENUE CUTTER SERVICE. 

Mr. BUTLER. Now, I should like to have Senate bill ()7 
taken up. 

Mr. CULLOM. Mr. President 

Mr. BUTLER. I will state, furthermore, that if I can get the 
bill taken up I Avill yield to the Senator from Minnesota [Mr. 
W.vSHBURx], who desires to submit some remarks on the anti- 
option bill. 

jNIr. CULLOM. May I inquire from the Senator from South 
Caiolina if it is his puipose to pi ess the bill to which he refers 
to the exclusion of the considei'ation of appropriation bills? 

Mr. BUTLER. Oh, of course not. 

Mr. SHERMAN. I call for the yeas and nays on the motion 
of the Senator from South Carolina. I fii'st call for the reading 
of the bill for information. 

The VICE-PRESIDENT. The title of the bill will be read. 

The Chief Clerk. A bill (S.(i7) to transfer the Revenue Cut- 
ter Service from the Treasury Department to the Navy Depart- 
ment. 

The VICE-PRESIDENT. The question is on the motion made 
by the Senator from South Carolina, that the Senate proceed to 
the consideration of the bill, the title of which has just been 
read. On that motion the yeas and nays have been demanded, 

Mr. SHERM.A.N. I ask the Chair if the motion is debata- 
ble? 

The VICE-PRESIDENT. It is not debatable. 

Mr. SHERMAN. Then I call for the veas and nays. 

The VICE-PRESIDENT. Is the deiiiand for the yeas and 
nays seconded? 

Mr. BUTLER. I understand that the Senator from Ohio calls 
for the yeas and nays on the question whether the bill shall be 
taken up. 

Mr. SHERMAN. Yes. sir. 

Mr. BUTLER. I have no objection to that. 

Mr. MANDERSON. I should like to understand the .situation. 
Is it proposed to call up the bill that the Senator from South 
Carolina may make some remarks upon it 

Mr. BUTLER. No, sir. 

Mr. MANDERSON. Or for general consideration? 



5978 



CONGRESSIONAL EECOED— SENATE. 



July 1 1 , 



Mr. BUTLER. Poi- general consideration; for action by the 

Tlr. WASHBURN. Will the Senator from South Carolina 
yield to me? 

Mr. BUTLER. The Senator from Minnesota appeals to mo. 
I have no objection to yielding; after the question has been de- 
cided by yeas and nays, "if ho will wait that long-. 
Mr. WASHBURN. All right. 

Mr. HARRIS. I rise for the purpose of appealing to the Sen- 
ator from South Carolina to let the sundry civil appropriation 
bill bo disposed of before he raises the question he now suggests. 
Of course, if the Senator's bill is taken up it is informally laid 
aside and gives way to the appropriation bill, but had we not bet- 
ter dispose of the appropriation bill first? 

Mr. BUTLER. I should prefer to have the matter settled as 
to whether the bill is to be considered. 
Mr. Allison entered the Chamber. 

Mr. CULLOM. The chairman of the Committee on Appro- 
priations is now here. 
Mr. ALLISON. Has the morning business been concluded? 
The VICE-PRESIDENT. The morning business is concluded. 
The pending question is on the motion made by the Senator f I'om 
South Carolina, that the Senate proceed to the consideration of 
the bill (S. 67) to transfer the Revenue Cutter Service from the 
Treasury Department to the Navy Department. 

Mr. BUTLER. I trust the Senator from Iowa will allow this 
question to be settled by yeas and nays before he calls up the ap- 
propriation bill. The only time to be consumed will be the call- 
ing of the roll. 

Mr. ALLISON. I do not know that I have any power to in- 
terfere with the motion of the Senator, but I do not see what 
atlvantago it would bc> to take up this bill, as it certainly cannot 
be considered now. The Senator from Minnesota [Mr. Wa.sh- 
burn] gave notice several days ago that he desired to make 
some observations this morning respecting another bill, and as 
soon as he has concluded I desire to ask the Senate to continue 
the consideration of the sundry civil appropriation bill. 

Mr. BUTLER. The Senator from Minnesota and I have an 
understanding about that. I am perfectly aware of the fact that 
he proposes to address the Senate. 

Mr. ALLISON. I understand; but I do not see the practical 
point the Senator proposes to gain. 

Mr. BUTLER. The practical point to be gained is tliat the 
Senate will determine whether it is going to consider the bill 
or not. If it is not, I shall dismiss it; and if it is, then I hope 
at some future time to have it considered. That is all there is 
about it. I have been giving notice from time to time that I 
should ask the Senate to consider the bill and have yielded lirst 
to one man and then to another. Now, I should like to have the 
question settled whether the Senate will consider the bill or not. 
If the Senate decides in the affirmative, the bill can bs infor- 
mally laid aside and take its chances. 

The VICE-PRESIDENT. Is the demand for the yeas and nays 
seconded? 

The yeas and nays were ordered, and the Secretary proceeded 
to call "the roll. 

Mr. GALLINGER (when his name was called). I am paired 
with the junior Senator from Texas [Mr. Mills]. That pair was 
transferred last week, and I was ))ermitted to vote, but I do not 
see the Senator from Arkansas [Mr. Bekey] in his seat at pres- 
ent, and I withhold my vote. 

]\Ir. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. Morrill]. If it suits the con- 
venience, however, of the Senator from New Hampshire [Mr. 
Gallinger], who announced a pair with the Senator from Texas 
[Mr. Mills], we will transfer our respective pairs and vote. 

Mr. GALLINGER. I shall be very happy to have that ac- 
complished. 
Mr. HARRIS. I vote '■ yea." 

Mr. McJNIILLAN (when his name was called). I am paired 
with the Senator from North Carolina [Mr. Vaxce], but after 
consulting with his colleague it is decided that I may vote. I 
vote " nay." 

Mr. MORGAN (when his name was called). I am paired with 
the Senator from Massachusetts [Mr. Dawes]. If he were pres- 
ent I should vote "yea." 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey]_. 

Mr. QUAY (when his name was called). J. am paired gener- 
ally with the junior Senator from West Virginia [Mr. Faulk- 
ner]. I am not aware of his views upon this question, and there- 
fore witUlKjld my vote. If he were presenti should vote '-yea." 
Mr. TURPIE'(when his name was called]. I am paired gen- 
erally with the Senator from Minnesota [Mr. Davis]. Upon 
consultation with his colleague, however, who is present, and 



from what I know of his views, I feel at libsrty to vote. I vote 
"yea." 

"Mr. WALTHALL (when his name was called). I am paired 
with the junior Senator from Rhode Island [Mr. Dixox]. 

The roll call was concluded. 

Mr. GALLINGER. I vote " nay." 

Mr. COLQUITT. I am paired with the junior Senator from 
Iowa [Mr. WILSON]. 

Mr. CALL. I am paired with the Senator from Vermont [Mr. 
Proctor], and I withhold my vote. 

INlr. BERRY. Has a transfer of pair been arranged for me witli 
anyone? Did the Senator from New Hampshire [Mr. Gallinger] 
vote? 

Mr. GALLINGER. My pair with the Senator from Texas 
[Mr. Mills] was transferred" to the Senator from Vermont [Mr. 
Morrill], and the Senator from Tennessee [Mr. Harris] and 
myself have voted. 

"Mr. BERRY. Very well. I should have voted " nay " had I 
been jn-esent, and but for my pair with the Senator from Colo- 
rado [Mr. Teller]. 

The result was announced — yeas 35, nays 24; as follows: 

YEAS-35. 



Aldrich. 




Coke, 


Han-is, 


Sawyer, 


Bate, 




Daniel, 


Hiscock, 


Stewart, 


Blackburn, 


Dolph, 


Hunton, 


Stock bridge 


Blodgett 


, 


Dubois, 


Kenua, 


Tiu-pie, 


Brioo. 


X 


Frye, 


Mitohell, 


Vest, 


liuller. 


a> 


George, 


Peffer, 


-Voorhee.s, 


Cameron 


-o 


Oibson, Md, 


Piatt, 


White, 


C-irli.sle. 


_c 


Gr.ay, 


Pugh, 


Wolcott. 


Chandler 


(33 


HansbrougU, 


Ransom. 
NAYS-2*. 




Allen, 


CO 


Gallinger, 


McMillan. 


Power, 


Allison. 


. . 


Gibson, La, 


Mandcrson, 


Sanders, 


Carey. 


o 


Gorman, 


Paddock, 


Sherman, 


Cockrell, 


03 


Hale, 


Palmer, 


Shoup, 


Cullom, 




Hawley, 


Perkins, 


Vilas. 


Feltoii, 


3 


Jones, Ark, 


Pettigrew, 


Washbiu-n. 




CO 


NOT VOTING-29. 




Berry, 


o 


Gordon, 


Mills, 


Teller, 


Call, 


U- 


Higgin.s, 


Morgan, 


Vance. 


Casey, 


Hill, 


Morrill, 


W.-ilthall, 


Colquitt, 




Hoar, 


Pasco, 


Warreu, 


Davis, 




Ii'by, 


Proctor, 


Wilson. 


Dawes, 




Jones, Nev, 


Quay, 




Dixon, 




Kyle. 


Squire, 




Faulknei 




MePbersou. 


Stanford, 





So the motion to i)i'o.' !ed to the consideration of Senate bill 
07 was agreed to. 

The VICE-PRESIDEXT. The bill is before the Senate in 
Committee of the Whole. 

Mr. ALLISON. Now, I move to lay it aside to take up the 
sundry civil appropriation bill. 

Mr.HARRIS. Ask unanimous consent to lay it aside. 

Mr. COCKRELL. No, I object to that. [To Mr. Allison.] 
Make your motion. I object to unanimous consent. 

Mr. ALLISON. Then I move to lay the bill aside in order 
that I may move to proceed to the consideration of the sundrj' 
civil appropriation bill. 

Mr. BUTLER. I understand the Senator moves to lay it aside 
informally, so that it does not lose its place. 

Mr. ALLISON. The Senator from Missouri objects to tliat. 

Mr. BUTLER. I can not con.sent to laying the bill aside, 
after the Senate has taken it uj). It would lose its place, I under- 
stand, and I can not consent to that. 

IMr. ALDRICH. I should like to ask the Senator from Iowa 
a question. In case the sundry civil appropriation bill is taken 
up, is it his intention to proceed with its consideration or to yield 
for other purposes? It will make a difference in my vote as to 
what his purpose is in that regard. 

Mr. ALLISON. I will say, in response to the Senator from 
Rhode Island, that on last "Thursday the Senator from Minne- 
sota [Mr. Washburn] gave notice that he would desire this 
morning to call up for consideration the antio])tiou bill in order 
that he might submit some remarks upon t'lat subject. I suj)- 
posed that in accordance with the usual custom of the Senate I 
should be expected to yield to him, and therefore was engaged 
in committee work in my committee room, presuming that that 
would occupy a portion at least of the morning hour, but I came 
into the Senate finding- that other business has intervened. Of 
course I can not get into any controversy about the mattei-, and 
if there is objection to the Senator from Iilinnesota going on, 
I can not help it. 

Mr. ALDRICH. I have no objection to the Senator from Min- 
nesota proceeding in accordance with the ordinary custom of 
the Senate. He is certainly entitled to that courtesy Myrea?on 
for asking the question did not apply to that view of the case, but I 



1892. 



CONGRESSIONAL RECOED— SENATE. 



5979 



know that the Senator from Iowa has been yielding very libex-- 
ally to other business during the time the sundry civil appro- 
priation bill has been under consideration, and I wanted to enter 
my protest as vigorously as I might against any further yielding 
in that direction. 

Mr. ALLISON. In response to the suggestion made by the 
Senator from Rhode Island [Mr. Aldkich], I will say that I have 
not j'ielded for the intervention of any business which would re- 
quire much time of the Senate; but I have yielded the usual 
courtesy for the taking up of resolutions at intervals and for the 
interposition of morning- business and matters of that character. 
Of course, I do not wish to monopolize the work of the Senate, 
nor do I think it is fair to ask for the intervention of important 
bills when appropriation bills are under consideration, unless we 
all intend that the affairs of the Government shall stop. 

Mr. MORGAN. I ask unanimous consent of the Senate that 
the Senator from Minnesota may bo allowed to proceed with his 
remarks without displacing the order of business. 

Mr. ALLISON. 1 shall object to that. I desire now to test 
the s;-nse of the Senate whether the appropriation bill which 
was under consideration on Saturday shall be proceeded with. 
The Senator from Missouri [Mr. Cockrell] objects to unani- 
mous consent to laying aside the bill which the Senate has just 
voted to take up. * 

Mr. BUTLER. Then, Mr. President, the Senator from Mis- 
souri must take the responsibilitj- of objecting to the considera- 
tion of the appropriation bill. 

I gave notice when I made the motion to take up the bill for 
the transfer of the Revenue Marine Service that of course I ex- 
pected appropriation bills would have the right of way, but that 
when appropriation bills were out of the way I should have the 
right to ask that the consideration of the bill for the transfer of 
the Revenue Marine should be proceeded with. 

The usual custom of the Senate is where a bill has been taken 
up to lay it aside informally for the consideration of appropria- 
tion bills or other matters. I announced to the Senator from 
Minnesota [Mr. Washburn] that I should with the greatest 
possible cheerfulness after this question was settled yield to 
him to proceed ^vith his remarks. The Senator from Iowa 
now comes in with an appropriation bill. I have no desire to 
antagonize the appropriation bill: but I do insist that, a majority 
of the Senate having determined that they will proceed with 
the consideration of the revenue-marine bill, it is not exactly 
fair to object to the usual request in such cases that it be inform- 
ally laid aside in order that the appropriation bill may be pro- 
ceeded with. Therefore, I repeat, if the appropriation bill is 
obstructed, the responsibility will not be upon my shoulders. I 
have not the slightest objection to its being proceeded with. 

Mr. CHANDLER. I desire to say a word in behalf of a fair 
hearing on the merits of the bill to transfer the Revenue Marine 
to the Navy Department. I think that the Senate can not justly 
refuse a hearing in that case sometime during the present ses- 
sion. 

Mr. SHERMAN. Mr. President 

The VICE-PRESIDENT. Debate can only proceed by unani- 
mous consent. 

Mr. SHERMAN. I rise to a question of order. When I rose 
to say a word about, this bill I was informed very politely that 
debate was not in order. 

Mr. CHiVNDLER. I understand the Senator did make an in- 
quiry, and then the vote was taken without any debate. 

The VICE-PRESIDENT. The pending question is, as the 
Chair understands, on the motion made by the Senator from 
Iowa [Mr. Allison], that the Senate procsed to the considera- 
tion of the sundry civil appropriation bill. 

Mr. CHANDLER. The debate has been proceeding by unani- 
mous consent, and I do not think the Senator from Ohio ought 
to object Ui my saying a word on one side. 

Mr. SHERMAN. I was informed that debate was not in order. 

Mr. PADDOCK. I desire to say for myself, jyersonally, that 
I voted against the motion of the Senator from South Carolina 
[Mr. Butler] to take up the bill for the transfer of the Revenue 
Marine Service to the Navy Department, not l)ecause I am op- 
posed t« that bill, for I am in favor of it, but because I wish to 
preserve, if possible, a chanca for the taking up and considera- 
tion of the bill known as the antioption bill. For that I shall 
make my struggle from this time forward, and I hope that bill 
may be disposed of. 

Mr. BUTLER. I will say to the Senator from Nebraska that 
I shall join him with a great deal of pleasure in taking up that 
bill at the proper time. 

Mr. PADDOCK. Do I undei-stand the Senator as giving that 
assurance'? 

Mr. BUTLER. I do. with great pleasure. 

Mr. PADDOCK. I am glad to have that assurance. I hope 



the distinguished Senator from lilinnesota, who has charge of 
the antioption bill, may be allowed to proceed. 

iMr. BUTLER. I have no object ian to the Senator from Min- 
nesota proceeding; but the majority of the SenatD has voted 
this morning to proceed with the revenue marina bill, and now 
the will of that majority is attempted to be defeated bv a col- 
lateral motion. For one. I shall not consent to the consideration 
of any other matter until that bill has had at least a fair oppor- 
tunity to be considered by the Senate. 

Mr. CHANDLER. I ask the Senator from Missouri [Mr. COCK- 
Rell] not to object to taking up the sundry civil bill bv unani- 
mous consent. He is a member of the Committee on Appropri- 
ations; and why should he object to taking up the sundry civil 
bill when no one else objects to it? I hope the Senator will not 
do that. 

Mr. COCKRELL. The bill can bo taken u]) at any time on 
motion. 

The VICE-PRESIDENT. The question is on the motion of 
the Senator from Iowa [Mr. Allison] to take up the sundry civil 
appropriation bill. 

Mr. HARRIS. The effect of the vote just taken was to make 
the revenue-marine bill the unfinished business. 

Mr. COCKRELL. There can not b 3 any unfinished business 
in the morning hour, as the Senator well knows. 

Mr. HARRIS. That was evidently the object. The .Senator 
from Missouri is right, that when a bill is taken up during the 
morning hour it only has the right of way during the morning 
hour. 

Mr. COCKRELL. Until 2 o'clock. 

Mr. HARRIS. Until 2 o'clock. That is true. I was going to 
suggest, however, inasmuch as the votjof the Senate decided to 
proceed withits consideration, that I know of no instance since 
I have been in the Senate where there has been an objection to 
informally laying aside the matter in hand and giving way to an 
appropriation bill. I hope the Senator from Missouri will not in- 
terpose an objection to proceeding with the consideration of the 
appropriation bill without drifting intothe scramble of ayea-and- 
nay vote as to what shall be considered. I ask unanimous con- 
sent that the Senate proceed to the consideration of the appro- 
priation bill, the bill which wa, taken up by vote baing inform- 
nllv 1 Hii d HiSiflf^ 

the VICE-PRESIDENT. Is there objection? 

Mr. COCICRELL. I withdraw the objection only until 2 
o'clock. The bill was taken up in the morning hour and has no 
priority or preference. I will withdraw the objection until that 
time. When the hour of 2 o'clock comes the bill will lose its 
precedence. 

The VICE-PRESIDENT. The objection is withdrawn. 

Mr. BUTLER. Then, Mr. President, I understand the pies- 
ent status of the revenue-marine bill is that it is informally laid 

The VICE-PRESIDENT. It is informallv laid aside. 
Mr. BUTLER. As the Senator from Missouri says, until 2 
o'clock. 
The VICE-PRESIDENT. Until 2 o'clock. 

SUNDRY CIVIL APPROPRIATION BILL. 

Mr. ALLISON. I now ask that the appropriation bill may be 
proceaded with. 

There being no objection, the Senate, as in Committee of the 
Wliole, resumed the consideration of the bill (H. R. 7520) mak- 
ing appropriations for sundry civil expenses of the Government 
for the fiscal year ending June 30, 1^9i, and fOr otlier purposes. 

yiv. WASHBURN. I ask the chairman of the Committee on 
Appropriations to consent that the appropriation bill may be 
temporarily laid aside that I maj' get unanimous cons>?nt to take 
up House bill 7845 with a viev.' of submitting some remarks 
thereon. 

The VICE-PRESIDENT. Does the Senator from Iowa yield 
to the Senator from Minnesota? 

Mr. ALLISON. I do. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the Ho-jse" had agreed 
to the report of the committee of conference on the disagreeing 
votes of the two Houses on the amendments of the Senate to the 
bill (H.R. 6875) making appropriations for the payment of in- 
valid and other pensions of the United States for the fiscal year 
ending June 30, 18'J3, and for other purix)ses. 

The message also announced that the House had disagreed to 
the report of the committee of conference on the disagreeing 
votes of the two Houses on the amendments of the Senate to the 
bill fH. R. 7093) making appropriations for the n-.ival service for 
the fiscal year ending June 30, 18'J3, and for other purposes; fur- 



5980 



CONGEESSIONAL RECORD-SENATE. 



July ii, 



t.e. insis^a upon US di^e-nen^to ^-^^^^^^^.^^ 
Senate to the said bill, asked a urtnci thereon, and 

a,e upon .th°'^^^^f-^^^|^°;°Vll La WSON of Virginia, and Mr 
^lSv^Z«e?s1iftfrier conference on the part of 

^^ThlTcfssa-e further announced that the House had a-reed to 
WIU H R WO) n,a°^^^^^^^^ to^' "^e legislative exec- 

]^SMrmoSSiiS;^'.^ar^V^the further conference 
°Vho £sa1e*als?Tnnounced that the House had passed the 
^" A MUS^S^; for the relief of Lieut. Col. Charles G. Sawtelle, 

of^I^;\^ft^K S in^^U^of^Lc^is^^^^ 

'^"a bnUS 3^" s; t'o'am:^nYl"efe lo"; 7 of the act appi^ovf June 2:^, 

'^TbilKH K 7454) authorizing and directing the sale of cer- 
taiVin-oiln-ty belonging to the United States, situate in Pitts- 

^'"v'hnffll R 7690) for the local government of the Territory 
of Utah, ami to provide for the election of certain ofhcers m 

"''aWi[(H°r'0144) to establish a railroad bridge across the 

wheel brakes, and for other purposes. 

ENROLLED BILLS SIC4NED. 

TliP me'i-^ac'e also announced that the Speaker of the House 
had sl.^ed1he following enrolled bills; and they were thereupon 

"TMl'(^!^.TSIuorte"^liefof the Mobileand GirardRail- 

''°A bil°UH r'oS to authorize the Lake Charles Road and 
Bi^dScompan-of Lake Charles, La , to C3nstract and main- 
tain bridges across English Bayou and Calcasieu Ri.ei . 
DEALING IN "OPTIONS" AND "FUTURES."' 

Mr. WASHBURN. I now ask that the antioption bill may be 

^^Thlre beino- no objection, the Senate, as in Committee of the 
Who?e p oce-ededtoi^onsid^r the bill (H. R. 7845) defining "op- 
tions" knd" futures," imposing special taxes on dealers 
lions anu^ ^"";; ',,..„ A„ „„°",i in sAln.o- certain l 



.3 therein, 
r,^re^ing;:^h°pe;^-;;nga|ed-in selling certain products 
to obtain license, and for other purposes. ,i„„„ „f thP 

Sf trade and produce exchanges in this country in the last ftw 

^'tMs bill was drawn, largely on the lines of the so-called But- 
tenvortli bin and with but few changes, which was introduced 
n the Horse oT Representatives in the last Congress, and was 
smothered in the Committee on Agriculture of thai body 

S|^~-b!^^s^^^™^SS^^e?tii 

'^Hl^.licrmcisrand'omment are concerned my expecta- 
tions have certainly been fully realized; for there has probably 



b 'en no -reat measure before Congress for the last several years 
that hasten more thoroughly discussed and with greats- in- 
terest throughout the country than this same proposition. 

Availing myself of everything that I. could leavn, from s.cli 
criticisms and comment, 1 subsequenlly mtroduced another bill 
(Senate bin 1757) which, I think more completely and salisfac- 
U,M?^^PPtV he situation. The great difficulty in preparing a 
Ji^Af thi^ cha act°° is to accomplish the d.'sired purpose 
oTSin° an^'end to theVystem of gambling in food and agricul- 
?m a molluets which hai grown to such alarming proportions 
ancfliTh such disastrous results to the producer^^^^^^^ 
without interferin'T with the ordinary and legitimate wsints, 
i;an°a^ions° In aVord, without interfering substantially with 

''?^l^Xn S. "ftmX Ho'se, which is now before the Sen- 
ate fs subSSlly the same in principle and m its methodi. 
o dealin" w h tM as the last bill introducad by my. 

self and, with the amendments which I have proposed to tha 
bi 1 till accomplish what the friends of such a measure desire, 
wi t hout interferino- with th _■ commerce of the country 

TriincbetweeS fictitious sales and sales of actual property 
is vcrv clearly drawn. There has been a persisten ettort on tho 
?r,f twe who are opposed to any legislation of this subject 
locoiwey°he mpressi^that the ett^ecf of this bill would be to 
cripp I'md interfere with legitimate trade. Most of "^^ a rgu. 
ments in fact that have been made have been on the basis that 
Ses of actual property even can not be made for future delivery 
undei the m-ovisions of this bill. And in this way very many 
ave been greatlv misled and deceived, for no one would think, 
iTmatlne.Yor a 'mom..-nt of passing a law that would suhstaa- 
tialv "interfere with the freedom of trade or commerce. 

The merchant and the banker, and the business man to sum* 
extent have been drawn into this controversy and placed thua 
hiseemin- opposition to the provisions of the measure under 
su.'h fSse^misrepresentutions and consequent misunderstanding 
ofiip un)Ses at^d effect, so that we find many people who have 
neverS he bill and know little or nothing of its pro^sions 
Tn apparent antagonism. The professional gamblers on the 
boards of trade have lost no opportunity U create confusion 
and false impressions, thinking that if they could bimg to their 
aid the merchant, the banker, or the business man they would 
at least find themselves ingood company and thereby give their 
mvn vocation a respectable standing. I desire right here todi.- 
UnctW state that i is not the purpose of this bi 1-neither doea 
U-in any manner whatever to interfere with the bargain, pur- 
chase or s^lo of any product or property where the party mak - 
?nfsuch sale is the iwner thereof or where he has a contract foL 
the ownership or right of possession of the same. 

TtnTuiei seeks nor does it in any way interfere with the f ly. - 
dom of commerce, but leaves legitimate trade without re.trictiou 
or hindrance But it is directed against that gigantic modern 
hive U on oTsystem known as "dealing in fut^ires'' or so-called 
•■sWrseUimV-of the agricultural and food pioducts of the 
co'mtry, a system under which, by misrepresentation ricks of 
?, -ide and fi^ud it is possible to juggle with values and practi- 
oafy'elhuinae from\he commercial world the operatron of 
?lic "law of supply and demand "-a system that robs the pio- 
ducer and fills the pocket of the parasite. It is aimed at a sys- 
tem of "amblin- the most unique, insidious, the most perni- 
ctmis and brin-ing with it the most widespread and disastrous 
Results of any sSheme of gambling that the wit and skill of man 
has ever vet bsen able to devise. . ,,„,;,, „„ ;i. 

Mr President. I will now endeavor to explain the bill as it 
caml'from the House, somewhat in detail, but as concisely and 

""tSi^fTSoWn defines the word "options/' which is un- 
d.M-stood to mean "any contract or agreement whereby a party 
thereto oianv party for whom or in whose behal such contract 
o, a.^re;ment is made, acquires the right or privilege, but i» 
not thereby obi g?ted, 'to deliver to another or others a a fv,tur>. 
t^me or within a designated period, any of the articles men- 

*''S^^!f5io:^aslL^d in this section isnothing m^a 
than o-amblin-, pure, simple, and absolutely cold-blooded. They 
do not contemplate the delivery or receiving of property, and I 
do not size's that there is an instance on record where any 
Sope rty pa'sed, but it is simply a bet on what the va ue of ha 
?ro ertv may be at a given time in the future. _ I tl"iW that 
?ven thosrWho are opposed to the bill do not claim that there 
is anvthing in ' ' dealing in options " except gambling. 

Section 2 provides that the word ' ' futures' shall be understood 
to mear' any contract or agreement whereby a party contriicts 
or ™s to sell and deliver to another or others at a future 
Ume" or within a designated period, any of the artic es men- 
tioned in section 3 of this act, when at the time of making such 



1892. 



COISTGEESSIONAL EECORD— SENATE. 



6041 



on page 1, lino 27, to strike out the word "his" and insert 
"their." 

Mr. CALL. I move that the Senate concur in the amendment 
of the House of Representatives. 

The motion was agreed to. 

FOURTH STREET METHODIST EPISCOPAL CHURCH. 

The VICE-PRESIDENT laid before the Senate the amend- 
ments of the House of Representatives to the bill (S. 1741 ) to vest 
the title of public square 102, in the city of Washington, D. C, 
in the trustees of the Fourth Street Methodist Episcopal Chui-ch, 
and for other purposes. 

The amendments of the House of Representatives were I'ead, 
as follows: 

;; Page 1, line 1, after the word ''that," insert: 
" Whenever there shall have been a full compliance with the provisions of 

section 3 of this act, as eridenced by the certificate of the Commissioners of 

the District of Columbia." 
Pago 1, line 34, after the word "authorized," insert "and required." 
Page 1, line 3.5, after the word "remove," insert "within twelve months 

from the approval of this act." 

Mr. FAULKNER. I move that the Senate concur in the 
amendments of the House of Representatives. 
The motion was agreed to. 

DAVIS ISLAND DAM. 

The VICE-PRESIDENT laid before the Senate the action of 
the House of Representatives disagreeing to the amendments 
of the Senate to the bill (H. R. 402) to establish a division lino 
between land of the United States and the Pittsburg, Port 
Wayne and Chicago Railroad Company, and asking a conferenco 
with the Senate on the disagreeing votes of the two Houses 
thereon. 

Mr. CAMERON. I move that the Senate insist on its amend- 
ments and agree to the conference asked for by the House of 
Representatives. 

The motion was agreed to. 

By unanimous consent, the Vice-President was authorized to 
appoint the conferees on the jiart of the Senate, and Mr. Quay, 
Mr. PERiaNS, and Mr. Faulkner were appointed. 

ALLEYS IN THE CITY OF WASHINGTON. 

The PRESIDING OFFICER (Mr. Harris in the chair) laid 
before the Senate the action of the House of Representatives dis- 
agreeing to the amendments of the Senate to the following bills 
and asking a conference with the Senate on the disagreeing votes 
of the two Houses thereon: 

A bill (H. R. 5119) to prevent the building of houses along cer- 
tain alleys in the city of Washington, and for other purposes; and 

A bill (H. R. 3971) toprovidefor the opening of alloys in the Dis- 
trict of Columbia. 

Mr. McMillan. I move that the Senate insist upon its 
amendments to the respective bills and agree to the conference 
asked by the House. 

The motion was agreed to. 

By unanimous consent, the Presiding Officer was authorizefFto 
appoint the conferees on the part of the Senate, and Mr. WOL- 
COTT, Mr. McMillan, and Mr. Paulknek were appointed. 

JUDGMENTS AGAINST THE UNITED STATES. 

The PRESIDING OFFICER laid before the Senate a commu- 
nication from the Attorney-General, transmitting, in compliance 
with a resolution of July 9, 1892, a list of all judgments rendered 
in the circuit and district courts of the United States under the 
act of March .'i, 1S87, in which the findings were adverse to the 
Government, and which had not heretofore been reported to 
Congress; which was referred to the Committee on Appropria- 
tions, and ordered to be printed. 

CHANGE OF REFERENCE. 

Mr. COCKRELL. I move that the order changing the refer- 
ence of the bill (H. R. 4270) for the relief of D. P. Abbott, A. S. 
Keeves, and T. E. Smith from the Committee on Finance to the 
Committee on Claims, made on April 27, 1892, at my request, 
may ba revoked. It was a mistake in having the order made at 
the time. 

The motion was agreed to. 

HOUSE BILL REFERRED. 

The bill (H. R. 9283) authorizing the Leonard Avenue Street 
Railway Company to lay tracks upon certain streets abutting 
United States military reservation in the city of Columbus, Ohio, 
was read twice by its title, and referred to the Committee on Mil- 
itary Affairs. 

ENCOURAGEMENT OF SILK CULTURE. 

The VICE-PRESIDENT. The hour of 2 o'clock having ar- 
rived, the Chair lays before the Senate the unfinished business, 
which will be stated. 



The Chief Clerk. The bill (S. 979) for the development and 
encouragement of silk culture in the United Statos under the 
supervision of the Secretary of Agricidture. 

.Mr. WASHBURN. I ask unanimous consent that House bill 
7845 be taken up for immediate consideration, and that the pres- 
entunfinished business shall take its place ne.xt thereto; in other 
words, that it shall not lose its place, but shall follow the bill I 
desire to got before the Senate. 

Mr. WHITE. What is the bill? 

Mr. WASHBURN. It is the antioption bill. 

Mr. WHITE. I object. 

Mr. WASHBURN. Then I ask that the pending bill be dis- 
placed, and that the Senate take up for present consideration 
House bill 7845, which is the antioption bill. 

Mr. GEORGE. I desire to make an explanation. 

Mr. ALLISON. I object to debate. 

DEALING IN "OPTIONS" AND "FUTURES." 

The VICE-PRESIDENT. The question is on the motion of 
the Senator from Minnesota [Mr. Washburn], that the Senate 
proceed to the consideration of House bill 7845. The Chief Clerk 
will road the title of the bill. 

The Chief Clerk. A bill (H. R. 7845) defining ' ' options " and 
"futures," imposing special taxes on dealers therein, and re- 
quiring stich dealers and persons engaged in selling certain prod- 
ucts to obtain license, and for other purposes. 

Mr. PADDOCK. I do not think the Senator means a perma- 
nent displacement. 

Mr. ALLISON. I object to debate. 

The VICE-PRESIDENT. Debate is not in order. The ques- 
tion is on the motion made by the Senator from Minnesota. 

Mr. GEORGE. I should like to have the question stated be- 
fore I vote. 

The VICE-PRESIDENT. The question is on the motion made 
by the Senator from Minnesota [Mr. Washburn] that the Sen- 
ate proceed to the consideration of the bill, the title of which 
has just boon read. 

Mr. WASHBURN. The present imfinished business to take 
its place next to it. 

The PRESIDING OFFICER put the question, and declared 
that the noes appeared to prevail. 

Mr. ALLISON. I call for the yeas and nays. 

The yeas and nays were ordered, and the Secretary proceeded 
to call the roll. 

Mr. CALL (when his name was called). I am paired with the 
Senator from Vermont [Mr. Proctor]. If he were here I should 
vote "yea." 

Mr. COLQUITT (when his name was called). I am paired 
with the Senator from Iowa [Mr. Wilson]. 

Mr. GALLINGER (when his name was called). I am paired 
with the junior Senator from Texas [Mr. Mills]. The Senator 
fro m Ajj^ ansas [Jlr. Berry] is paired with the Senator from 
Cfl]^gfii^[Mr. Teller]. If agreeable to the Senator from Ar- 
ansas our pairs will bo transferred, so that the Senator from 
Texas and the Senator from Colorado will stand paired, and the 
Senator from Arkansas and myself will vote. I vote " yea." 

The PRESIDING OFFICER (when Mr. Harris's name waa 
called). The occupant of the chair is paired with the Senator 
from Vermont [Mr. MORRILL]. 

Mr. HIGGINS (when his name was called). I am paired gen- 
erally with the senior Senator from New Jersey [Mr. McPher- 
sonJ. I do not know how he would vote, and in his absence I 
withhold my vote. If I were at liberty to vote I should vote 
"yea.'' 

Mr. McMillan (when his name was called). I am paired 
with the Senator from North Carolina [Mr. Vance]. Understand- 
ing that he is in favor of taking up this bill, I vote "yea." 

Mr. MITCHP:LL (when his name was called). On this ques- 
tion I am paiivd with junior Senator from New York [Mr. Hill]. 
I do not know how he would vote if present. If I were at liberty 
to vote I should vote "yea.'' 

Mr. PUGH (when his name was called). If I were not paired 
with the Senator from Massachusetts [Mr. Hoar] I should vote 
"yea.'' 

Mr. QUAY (when his name was called). I am jiaired with the 
junior Senator from West Virginia [Mr. Faulkner]. 

Mr. RANSOM (when Mr. Vance's name was called). My col- 
league [Mr. V.\nce] is absent. I am satisfied he would vote 
"yea'' if he were present. 

Mr. VEST (when his name wa, called). I am paired with the 
Senator from North Dakota [Mr. Casey]. I should vote "nay" 
if he were present. 

Mr. VILAS (when his name was called). On this bill I am 
paired with the Senator from Minnesota [Mr. D.wisj. If he 
were present he would vote "yea'' and I should vote " nay.'' 

Mr. WALTHALL (when his name was called). I am paired 



6042 



CONGRESSIONAL RECORD— SENATE. 



July 12, 



Ifhe 



with the junior Senator from Rhode Island [Mr. DixON]. 
were present I should vote "yea." 

The roll-call was concluded. 

Mr. PASCO. I am paired with the Senator from North Da- 
kota [Mr. Casey]. On consultation with his colleagfue I am told 
that he would vote yea on this question, and I record my vote 
in Ihc affirmative. 

Mr. COLQUITT. I am paired a'enerally with the Senator 
from Iowa [Mr. Wilson], but I understand his views would con- 
cur with my own on this question, and hence I feel at liberty to 
vote. T vote "yea." 

Mr. PUGH. I suggest to the Senator from Wisconsin [Mr. 
Vilas] that we transfer our pairs so that the Senator from Mas- 
sachusetts [Mr. Hoar] will stand paired with the Senator from 
Minnesota [Mv. Davis], and the Senator from Wisconsin and 
myself may vote. 

Mr. VILAS. Very well. 

Mr. PUGH. I vote " yea." 

Mr. VILAS. I vote " nay." 

Mr. MORGAN. I am paired with the Senator from Massa- 
chusetts [Mr. Dawes], but I am told that he would vote " yea'' 
of he wei'e here, and as my vote is " yea," I will record it. I vote 
'* vea " 

'Mr. MANDERSON. I desire to know whether the Senator 
from Kentucky [Mr. BLACKBURN] has voted on this question. 

The PRESIDING OFFICER. He is not recorded. 

Mr. MANDERSON. I am paired with that Senator, and 
therefore will abstain from voting. I should vote " yea" if he 
were present. 

Ml'. HAWLEY (after having voted in the negative). I have 
been paired with the .Senator from Georgia [Mr. GORDON], and 
vot.-d without announcing that my pair has been transferred to 
the junior Senator from Rhode Island [Mr. DiXON], and there- 
fore I was at liberty to vote. The Senator from Rhode Island 
has been previously paired with the Senator from Mississippi [Mr. 
Walthall]. 

Mr. ALDRICH. The Senator from Mississippi [Jilr. Walt- 
hall] announced his pair with my colleague [Mr. Dixon]. 

Mr. HAWLEY. We are correcting that now. I have voted, 
and the Senator from Mississippi is quite at liberty to vote, in- 
asmuch as the Senator from Rhode Island [Mr. Dixon] and the 
Senator from Georgia [Mr. Gordon] are paired. 

Mr. WALTHALL. The Senator from Rhode Island and the 
Senator from Georgia stand paired on this question, I under- 
stand, and I vote "yea." 

Mr. CAMERON." Has the Senator from South Carolina [Mr. 
Butler] votedV 

The PRESIDING OFFICER. He is not recorded. 

Mr. CAMERON. I am paired with that Senator and 
hold my vote. 

The result was anuouucod; yeas 33, nays 15, as follows: 

YEAS— 33. 



with- 



AUeu, 




Dolph, 


Keuua, 


Ransom, 


Allison, 




Felton, 


McMlUau, 


Sherman, 


Berry, 




Frye, 


Morgan. 


Stockbridgc 


Blodgett, 


X 


Gallinger, 


Paaaock, 


Tiirpie, 


Carey, 


<x> 


George. 


Pasco, 


Walthall, 


Cockrell, 


"O 


Hale, 


Pefler, 


Washburn, 


Coke, 


-- 


Hansbrough 


Perliins, 




Colquitt, 




Jones, Ark. 


Pettigrew, 




CuUoin. 




Jones, Ney. 


Pugh, 
NAYS— 15. 




Aldrich, 




Gray, 


Power, 


Vilas, 


Chandler. 


-.J 


Hawley, 


Sanders, 


White. 


Daniel, 


o 


Hiscock, 


Sawyer. 


Wolcott. 


Gibson, MJ. 0-' 


Piatt, 


Stewiirt. 






J2 
en 


NOT voting— iO. 




Bate, 


Dixon, 


Hxmtou, 


Qu.ay, 


Blackburn, ." 


Dubois, 


Irby, 


Shoup, 


Brlce, 


O 

u. 


F.aulkner, 


Kyle. 


Squire, 


Butler, 


Gibson, La. 


McPherson. 


Stanford. 


Call, 


Gordon, 


Mauderson, 


TeUer, 


Can\eron, 




Gorman, 


Mills, 


Vance, 


Carlisle, 




Harris, 


Mitchell, 


Vest. 


Casey, 




Hlggius, 


Morrill, 


Voorhees. 


Davis, 




Hill, 


Palmer, 


Warren, 


D.iwes, 




Hoar, 


Proctor, 


Wilson. 



So the motion to proceed to the consideration of House bill 
784.") was agreed to. 

The PRESIDING OFFICER. The bill is before the Senate 
as in Committee of the Whole, and will be read. 

Mr. ALLISON. I ask unanimous consent that the bill may 
be laid aside in order that 

Mr. PADDOl:K. That it be laid aside informally. 

Mr. ALLISON. Yes; that it be laid aside informally, in order 
that we may go on with the appropriation bill. 

Mr. PADDOCK. This bill remaining as the unfinished busi- 
ness. 

The PRESIDING OFFICER. The Senator from Iowa asks 
the unanimous consent of the Senate that the unfinished business 



be informally laid aside in order that the .Senate may proceed 
with the consideration of the ajipropriation bill. 

Mr. WOLCOTT. I can not understand what the purpose was 
in asking the Senate to vote by yeas and nays on taking up the 
bill when unanimous consent is asked that it go over for the 
consideration of something' else. If we are to dispose of the 
antioiftion bill I supjiose we had better dispose of it at this time. 
I do not presume there is any objection to it. I do not know 
why we should not dispose of it. It seems to me a perfect farce 
that we should solemnly vote to take it up and then be asked to 
unanimously agree that we shall not take it up. 

The PRESIDING OFFICER. Is there objection to the re- 
quest of the Senator from loway 

Mr. WOLCOTT. I object. 

The PRESIDING OFFICER. Objection being made, the bill 
just taken up will be read as in Committee of the Whole. 

SUNDRY civil APPROPRIATION BILL. 

J\Ir. ALLISON. I move that the Senate proceed to the con- 
sideration of House bill 7.520. 

The PRESIDING OFFICER. The Senator from Iowa moves 
that the Senate proceed to the consideration of the bill (H. R. 
7520) making appropriations for sundry civil expenses of the 
Government for the fiscal year ending June 30, 1893, and for other 
purposes. 

The motion wa.s agreed to; and the Senate, as in Committee 
of the Whole, resumed the consideration of the bill. 

Mr. HAWLEY. Mr. President 

The PRESIDING OFFICER. The Senate will be in order. 
When Senators resume their seats and cease conversation the 
business of the .Senate will pi'oceed. The Chair will recognize 
the Senator from Connecticut when order is restored. 

Mr. HAWLEY. I do not know that it is a matter of any con- 
ssquence, but I mistook the question just put and voted in the 
negative, and I voted rather emphatically and made perhaps all 
the noise that was made. I intended to vote " aye." 

The PRESIDING OFFICER. The pending question is on the 
amendment of the Senator from Pennsylvania [Mr. Quay] to the 
amendment of the committee. 

Mr. HlSCOCIv. Mr. President, I understand that the provi- 
sions in the appropriation bill to which the Senator from Iowa 
has referred are in the nature of a contract with what is known 
as the Woidd's Columbian Exposition, that the Government un- 
der takes to pay to the World's Columbian Exposition a certain sum 
of money under certain conditions, and the Exposition under- 
talces to make certaui reports and do certain things. I under- 
stand further that the '(Vorld's Columbian Exposition is a cor- 
poration under the laws of the State of Illinois, and that no cor- 
])oration and no commission have been created by the act of 
Congress authorized to receive money or to which the Senator 
from Iowa proposes to jjay monej'. 

Mr. GRAY. May I ask the Senator from New Y'ork for infor- 
mation whether the bill does not propose to ])ay this apjiropria- 
tion v/hen made to the Illinois corporation known as the World's 
Columbian Exposition':' 

Mr. HISCOCK. I said so. 

>fr. GRAY. I thought the Senator said there was no corpo- 
ration to whict it could be paid. 

Mr. HISCOCK. I said no corporation had been created by 
act of Congress to which the money could be paid . 

Now, I am in favor of this appropriation. I am in favor of the 
Exposition having the money. However, since the Government 
of the United States is a silent partner in this transaction and 
furnishes the capit'.il, if the people of the United .States desire 
the Government to conduct this business upon the jjlan of clos- 
ing it on Sunday, and I believe they do that, I am in favor of 
providing' for that in this bill. 

I repeat what f have said before, that there is no condition 
precedent to the closing of the Exposition on Sunday that would 
enforce such closure. I would not have any doubt but that it 
would be closed on Sunday except for the earnest struggle that 
is being made to pi-event legislation which will insure such clos- 
ing. 

I repeat what I think I have said or argued, notwithstanding 
the judgment and opinion of my distinguished friend from Iowa, 
that an affirmative provision in this bill, of which he has charge, 
that the Exposition should be closed on Sunday would have no 
more effect than an attempt to " whistle down the wind." The 
Columbian Exposition to which the bill proposes to paj- this 
money can disregard it the day after they have received the 
money, even if there is put in the bill a provision that the Ex- 
position shall be closed on .Sunday. I repeat that your Commis- 
sion have no control over this pri)perty whatever. I hope the 
Senator from Pennsylvania will hold his proposition in such 
form that either a guaranty shall be taken from the Illinois cor- 
poration that the Exposition shall be closed on Sunday, or that 



1892. 



CONGRESSIONAL RECORD— SENATE. 



6097 



by his colleague that his views are the same as my own on this 
subject and 1 vote "nay." 

Mr. PUGH (when his name was called). I am paired with the 
Senator from Massachusetts [Mr. Hoar]. It he were present I 
should vote " nay." 

Mr. TELLER (when his name was called). I am paired with 
the Senator from Texas [Mr. Mills]. If he were present 1 
should vote " nay." 

Mr. TURPIE (when his name was called). I am paired with 
the senior Senator from Minnesota [Mr. Davis]. 

Mr. WALTHALL (when his name was called). I am paired 
the junior Senator from Rhode Island [Mr. Dixon]. It has been 
arranged to transfer my pair to the Senator from Georgia [Mr. 
Gordon], and I vote "nay." 

The roll call was concluded. 

Mr. ALLISON. My colleague [Mr. Wilson] is absent from 
the Chamber on account of illness. If he were present he would 
vote "nay," and I say this in the jDresence of the Senator from 
Georgia [Mr. Colquitt], that he may be at liberty to vote as he 
chooses on -this question. 

Mr. COLQUITT. I vote "nay." 

Mr. BUTLER (to Mr. Allison). May I pair with your col- 
league';' 

Mr. ALLISON. Certainly. 

Mr. BUTLER (after having voted in the affirmative). I voted 
"yea" on the roll call, and have been requested by Senators to 
pair with the Senator from Iowa [Mr. Wilson], who was paii-ed 
with the Senator from Georgia [Mr. Colquitt]. The Senator 
from Georgia has voted, and voted as the Senator from Iowa 
would vote. I will therefore withdraw my vote and announce 
my pair with the Senator from Iowa [Mr. Wilson]. 

Mr. DOLPH (after having voted in the negative). I am paired 
with the senior Senator from Mississippi [Mr. George]. I voted 
under the impression that he was in the Chamber. I withdraw 
my vote. I do not know how the Senator from Mississippi would 
vote on this question. 

Mr. WALTHALL. I desire to say that my colleague [Mr. 
George], if present, would vote "nay." 

Mr. DOLPH. I voted " nay." Then I will allow my vote to 
stand, if agreeable to the Senator. Let me be recorded " nay," 
then. 

The VICE-PRESIDENT. The Senator is so recorded. 

The result was announced — yeas 11, nays 45; as follows; 

YEAS— 11. 



Blodgett, 




Gibson. Md. 


Pefler, 


Vest, 


Carlisle, 




Hunton, 


Sanders, 


Vilas. 


Daniel, 


X 


Palmer, 


Sawyer, 
NAYS— 15. 




Aldricli, 


<v 


Dolph, 


Jones, Nev. 


Ransom, 


Allen, 


"a 


Felton, 


Kenna, 


Sherman, 


Allison, 


c: 


Frye, 


Kyle, 


Stewart, 


Bate, 


"^ 


Galllnger, 


McMillan, 


Stockbridge. 


Berry, 


<v 


Gibson, La. 


Mitchell, 


Voorhees, 


Brice, 


a:) 


Gray, 


Paddock, 


Walthall, 


Cameron, ' 


CO 


Hale, 


Pasco, 


Washburn, 


Chandler, 




Hansbrough, 


Perkins, 


White, 


Cockrell, 


^ 


Hawley, 


Pettigrew, 


Wolcott, 


Coke. 


0^ 


Higgins, 


Piatt, 




Colquitt, 




Hiscock, 


Power, 




Cullom, 


IS^ 


Jones, Ark. 


Quay, 






13 


NOT VOTING— 32. 




Blackburn 


, (— 


Dubois, 


Irby, 


Shoup, 


Butler, 


O 


FauUmer, 


MciPherson, 


Squire, 


Call, 


u_ 


George, 


Manderson, 


Stanford, 


Carey, 




Gordon, 


Mills, 


Teller, 


Casey, 




Gorman, 


Morgan, 


Turpie, 


Davis, 




Harris, 


Morrill, 


Vance, 


Dawes, 




Hill, 


Proctor, 


Warren, 


Dixon, 




Hoar, 


Ptigh, 


Wilson. 



So the Senate refused to lay the amendment to the amendment 
on the table. 

Mr. QUAY. At the suggestion of the chairman of the Com- 
mittee on Appropriations, with the consent of the Senate, I will 
modify the amendment already submitted by me, and inst<?ad 
thereof move to insert in section 4, page 124, line 12, after the 
word "Exposition," the words: 

Shall be closed on the first day of the week, commonly called Sunday, and 
that the said Columbian Exposition will. 

The Secretary will read the section as it would stand amended, 
so that mv amendment may ba clear to the Senate. 

The VICE-PRESIDENT. The amendment to the amendment 
will be stated. 

The Secretary. On page 124, line 12, after the word " Ex- 
position," insert, so as to read: 

Shall be closed on the first day of the week, commonly called Sunday, and 
that the said World's Columbian Exposition will maintain and pay all the 
expenses, etc. 

Mr. COCKRELL. Is it worth while to repeat that " the 
World's Columbian Exposition will maintain" and "the said 
World's Columbian E.xjxjsition shall be closed ? " 



Mr. ALLISON. If the Senator will allow m.3 a moment I 
think he will see that it is necessary to rep;at those words. The 
World's Columbian Exposition is "the name of the Exposi'ion, 
and it is also the name of the corporation: so that the Exposition 
is to be closed and the corporation is to maintain and pay all 
expenses. For safety I suggest to the Senator that it is wise to 
repeat those words. 

Mr. COCKRELL. I have no objection, but theic can be no 
necessity, because one embraces both. 

Mr. KENNA. The amendment refers to two different sub- 
jects. 

Mr. COCKRELL. The same words include both of th.'m. 

Mr. GRAY. The amendment just olYered by the S . nat'ir fi-om 
Pennsylvania [Mr. Quay] as a substitute fOi' the one which the 
Senate has refused to lay on the tab'e I think i-mliodijs wliat is 
intended to be embo.Iied, but fails to secure what is secured l:y 
the amendment which I hal given notiej to the Sonat-3 that I 
should ofTer to-day, and which is one of the printed ainondn-.cnts 
lying upon the tables of Senators. 

The object. I suppo-se. of the amendment now otTered bv the 
Senator fi-om Pennsylvania, as modified o:i the sugge.,1ion of 
the chairman of the Committee on Ai)i)r(ipriations, is to di- 
rectly make this appropriation uijon c )ndition that the World s 
Exposition at Chicago shall bi clc-sed o.i Sunday: and yet we 
heai-d in debate yest-rday on bothsidesof this Chamber the opi:.- 
ion expi'essed that no matter what language was usel in the act 
making this appropriation merely conditional, the World's Co- 
lumbian Exposition, the Illinois corporati'Mi, would have th-j 
right to and would practically open the gates of the Exposition 
on Simday. 

There is nothing in the amendment as now proposed, although 
it clearly indicates tlie sense of Congress, if it shall become a 
law, to enforce the will of Congress expressed by the incorpora- 
tion of this condition into the appropriating act. The amend- 
ment which I offered yesterday sought to make practical the 
purpose of Congress to close the gates of this Exposition on Sim- 
day and by exercising- the admitted power of Congress ovei- th3 
commission wliich it has created. 

The World's Columbian Commission is a body created b,- act 
of Congress, and that body has the right to modify and alter or 
ma'ive such regulations as it chooses, or such as it is autlioriz ;d 
or directed by Congress to make. 

I simply propose, in order to effectuate the purpose which a 
1 arge majority of the Senate seem to have, that we should ex- 
ercise that power of dii'ecting the Commission created by the 
will of Congress to make such regulations as shall i^racti'cally 
enforce the will of Congress as expressed in the incorporation 
of this Commission. 

As to the amendment offered by the Senator from Pennsyl- 
vania as modified at the suggestion of the Senator from Iowa, 
there is nothing more than the expression of the will of Con- 
gress that the gates of this Exposition shall be closed on Sun- 
day; there is no attempt to enforce the purpose there disclosed. 
I therefore would, if it is in order — I do not know that it is now — 
ask to substitute for the amendment of the Senator from Penn- 
sylvania the amendment which' I offered yesterday, and which 
directs the Woi-ld's Columbian Commission, created by the act 
of Congress of April 25, 1890, to make such modifications of the 
rules of said corporation as shall require the closing of the Ex- 
position on the first day of the week, commonly called Sunday. 

That is the only practicable way in which it can bo done, or 
in which Congress can exercise its power in this matter. If we 
were seeking to evade (whichj of course, we are not), or if the 
Senator from Iowa was seeking to act coUusively (which, of 
course, he is not), we could not do better than to'use the language 
which is used in the amendment now offered by the Senator from 
Pennsylvania. 

Mr. ALLISON. I will say to the Senator from Delaware that 
his amendment tmdoubtedly accomplishes what the friends of 
these amendments desire, but if he will turn to page 125 of the 
bill he will see that there is a provision there which makes it 
absolutely obligatory upon this Illinois corporation to do what 
his amendment proposes, namely: 

Said Exposition, by action legally had, shall accept the condit ions provided 
by section Sot this act in reference to the distribution of whatever net amount 
shall remain in the treasury of said Exposition at the close of the Exposi- 
tion, and also the provisions of this section, and shall certify such action to 
the Secretary of the Treasurj'. 

So that I submit to the Senator, with the clear and distinct 
acceptance on their part of all the provisions of this section, the 
suggestions made in his amendment are practically covered now 
by the amendment suggested by the Senator from Pennsylvania 
[Mr. Quay]. 

Mr. GRAY. Allow me to suggest to the Senator from Iowa 
that that provision was made in respect of other conditions and 
other provisions than the appropriation we arc now making. 



XXUI- 



-382 



CONGRESSIONAL EEOORD-SENATE. 



609S 

ing- that thai la^suage co^ei. it i o no ^^^^,^.^^.^ ^,^„^^.^ ^^ 

is not d.'au-n with i clei encej^° ^.^^ ! ^i^.^^. ^^at it does so. Thore- 

the -P1^°P;-^ ;';";*1"\;* Xad'n'ot put it beyond all peradven- 

°y^^'bv subs itutin- for the amendment which he now suggests 

.,Hvh the Scnatoi from Pennsylvania the one which I have 

"med which ptsitbeyond all cavil and all doubt Our objects 

u"^ho'sIme identioall/, of course, as I understand 

'"'^t'S^^'^r^^^^^^^^^^o.^f be easier 

to 4 o,?t^he laniua-rin mv amendment, which is not very long, 

hnt n too -reat biovity there is sometimes obscurity and doubt. 

Mr! ALLISON. I liavo no pride of opinion about this mat- 

^°Mr GR-VY I have none. I merely wish to secure beyond 
all peradventure or cavil the adoption of what seems to be the 

"^l?'sHES""lN.''l'VS"t"call^ attention of the Senator 

Section makLg the appropriation, the following words: 

Sti^os'iL\^Vh'a!l'ISliJlat?Wt tuesaia Exposition sUali 

not be open to tlie public on Suuday- 



JULY 13, 



M,- CxR \Y I think that will secure it absolutely and Iw cop- 
i.er astened butldrow my rimendmeut with reference to the 
^? ; "Sncefpointed out^esterday by the Sena^^^ 

Oomm issfon that he"e m7ght bo^some delay in making this ap- 

T^nf/mf •available i? the one hundred and odd commissioners 

^'on? itS- tlie cS^ commission had to be got together 

in . -der to make the regulation which ^^^ P'-es°"^;J|,., ^ "h 

5E^theI^ISL^iIn^sSs£^^-»^or^: 
o-re s Should make this regulation and make it mandatory upon 
tlem'ind as if Congress itself made the regulation, and left the 
Sctton to .0 otter body or authority whatever. Tha isacting 
difectly upon the subject in the way 1 think Congress desires to 

''%■ ALLISON. Mr. President, just one word about Hie s"f- 
ocstions made by Justice Strong-. They are wise suggestions 
but they a?o absolutely embodied in the amendment suggc ted 
bvtl^ Senator from Pennsylvania [Mr. Quay], with the excep- 
tion that it requires the World's Columbian Commission to do 
lh°s luK^. They are our creature, as suggested by the Senator 

''^:!ii' GRAY. I admit thatitisnotasapposablecasc,itthe Sen- 
ator from Iowa will pardon me. I should not like to say it ispi^- 
^umable and I do not say so; butsuppose as amei-e matter of power 
and authoritv, thi- Illinois corporation, after having certifaed to 
the Secretari'oE the Treasury that they had accepted this appro- 
priation uiwn this condition, a year later or ten months later say 
tha certa n conditions had arisen which made it necessary and 
expedient to abrogate that rule, what authority have we then, 
Pnntn-pss not beim- in session, over the matter at all. 

M? IlLISOn!' We propo'se, in connection with this amend- 
ment, on page 41, to absolutely provide for the closing of the Ex- 

^'°m'- '^FRY^r'llesire to call the attention of tHe Senate to the 
fact that Rule YIII provides that no Senator shall address the 
qpnate more than once on the same subject. 

The VICE-PRESIDENT. The Chair was just on the point o 
calling the attention of Senators to the agreement that the bill 
was to" be diecussed under that rule. 



Mr COCKRELL. I suggest that a Senator asking a question 
is not discussing it, as has been done here ofton by Senators. 

Mr. PALMEl^. Mr. President, I rise to ascertain from the 
Senator from Delaware whether he desires to amend the bill so 
that his amendment shall extend beyond the mere conditions 

°'Thyi'lir{H-opo°- to appropriate a certain sum of money for 
the use of the managers of the World's Columbian Exposition on 
certain terms, and in order that the Senator from Pennsylvania, 
who has an amendment pending, which I take it for granted n 
substance will be adopted, which makes this appropriation con- 
d tional I desire to inquire of the Senator from Delaware whether 
he wLl es to gobeyond making this appropriation conditional, 
whrthcr ho disires to go back and amend and make this require- 
ment upon the manage1-s of the World's Pair wholly independent 

°'Mr"Gfe'A^r" I'ciSire to remove any embarrassment from the 
World's Columbian Exposition receiving this money by Provid- 
ing that the World's Columbian Commission, the body «^^^^^ 
by Congress, should make a rule closing, the gates of that Expo- 
sition on SuAday, if this appropriation is accepted by that Illi- 

" Mi^PALMER Then I wish to add that it occurs to me that 
the amendment of the Senator from Pennsylvania covers the 
whole ffrotmd. While I think that is clear, precise explicit 
Tnd leaves no room for doubt, and to that extent is preferable, I 
prefer the amendment proposed by the Senator from Delaware 
^ I desire to sav that the sense of the Senate now being fully 
expressed on this subject, those who have l^f i''^\o o^^;, °P1'°^;^^ 
this restriction now desire very mucli that the ried.ot tin, 
amendment shall put it in such language as w U sat siy them 
because it is expected to observe it in good faith. Theie is, i.o 

^^U^ OUAY ^ Mr. President, as there seems to be some objec- 
tion among the friends of the closing- of tlie Exposition on the 
Sabbath dSy to the substitute in the form m which I P[esen fd 
it in order to disembarrass the situation, I will withdraw the 
substitute and allow the vote to bo taken on my original amend- 

^"itm'fSnkTo say that I prefer the amendment of th^ Senator 
from Delaware [Mr. Gray] to my own, and if he will offer it at 
the close of the bill, where it seems to me it will come m prop- 
erly, I shall vote with him to insert it, and it having been in- 
serted, I shall move to strike out my own amendment if it i, 

""^Mr ''vest. Mr. President, I simply wish to say in regard to 
an observation made by the Senator from Illinois [Mr. Palmer] 
that while I do not propose to make any factious opposition f- 
the amendment, which seems to express the sense of the major- 
ity of the Senate in regard to this matter, I desire a vote upon 
an amendment which 1 had read for information, and which ex- 
presses my views relative to this question. 

I take it for granted that the Senate proposes to accept Jie 
exhortation contained in the numerous telegrams read here yc;- 
teiTav by the Senator from Pennsylvania [Mr. Quay] to stai d 
firm and make no compromise, but there are some of us who do 
not choose to be put in the category oi the immoral and irrc ig- 
ious and dangerous elements of this country, and who indiir- 
nantlv deny the imputation that there is anything m our view, 
upon this question which puts us in sympathy with the immoi;;.. 
element of the United States. I do not propose to discuss ti.o 
question, but I ask the Secretary now to read the amendment 
which I submitted, upon which I shall, if parliamentary rules 
permit, insist upon a yea-and-nay vote. ,„■•,, ., 

The VICE-PRESIDENT. If the amendment o lie red by the 
Senator from Pennsylvania [Mr. Quay] is adopted to the amend- 
ment of the committee, the Senator from Missouri [Mr. '^ est] 
will then bo at liberty to offer his amendment to the amendmen . 

'^\^^'vFST Very good. I have no objection to perfecting 
the amendment as it is proposed to have it. I ask the Secretary 
to read that amendment, which embodies my views upon the 

'^^The VICE-PRESIDENT. The proposed amendment will bo 
read for information. 

The Secretary read as follows: 

Tf Tiic rmnmissiou determine to keep llie Exposition open on Sunday there 
«haU be a?i™Sfre ??ssation on that day ol all labor by employfe and a teud- 
^^iTiromectTd witi t^^^ Exposition, except such service and altcntiou as 
may t^^somtely necessary lor the management ot the Exi«sio^^^ 

i^iSpailiiS 

invite the variomrelig.ousde,«n^^^^^^^ 

ma'yblopened'theluv ?ronlofie-is™ed^^^^^ 

natton, so that eciual opportunity may be given to every sect and faitU. 



1892. 



OONGRESSIONAL RECORD— SENATE. 



6105 



Mr. 4-LLISON. It has mad? an appropriatioji 

The PRESIDING OP]riC:fiR. Th6 time oi the Senator from 
Iowa has expired. 

Mr. CAiL/L. I ask that the time of the Senator from Iowa 
may be extended so that he may complete his statement. 

I^Ir. CULLOM. I hope the chairman of the committee will he 
allowed to complete his remarks so as to explain the situation. 

The PRESIDING OFFICER. The Senator from Florida asks 
unanimous consent that the Senator from low^ bo permitted to 
continue his remarks. Is there objection? The Chair hears 
none, and the Senator from Iowa will proceed. 

Mk. ALLISON. We have appropriated no money except for 
our own Government exhibit and for the payment of the ex- 
penses of our own Commission. Here we are now on the 1st of 
August with our own Commission requiring a scale of exhibits 
not of ten and a half million dollars but of $18,000,000 or of $17,- 
000,000. 

Mr. BUTLER. What amount of money have we appropriated 
for the Government exhibit, if the Senator can inform mo with- 
out trouble? 

Mr. ALLISON. We have appropriated up to this moment 
about $800,000 for the Government exhibit and the Commission, 
and there is in this bill nearly or quite $700,000 more for the Go v- 
ernment exhibit. In the original act there was a limit placed 
upon that of $1,500,000. I do not care to go into that of course. 
This enlarges that limit. 

Now, the question for us to consider when we came to pi-epare 
this amendment was what will be a just distribution of this bur- 
den, if it be a burden, of maintaining this international Exposi- 
tion. The citizens of Chicago have appropriated $10,000,000, the 
city of Chicago $5,000,000, and the subscribers $5,000,000. We 
appropriate here $5,000,000 more, and we require of the Exposi- 
tion that they shall pay certain expenses which under the act of 
1890 we were required to pay. We require that those expendi- 
tures shall be paid out of the receipts of the Exposition. 

After we have appropriated the $5,000,000, as the Senator from 
Louisiana says, there will probably be required $3,000,000 more. 
We have provided in this amendment that that $3,000,000 shall 
be guaranteed to the Secretary of the Treasury before our $5,000, - 
000 or any portion of the $5,000,000 is paid. So either this cor- 
poration will be obliged to borrow $3,000,000 or it will be obliged 
to subscribe for $3,000,000 more. I understand that it is in the 
mind of those controlling it to borrow about half that sum, and 
that they have or will have subscriptions to the amount of the 
other half. The scheme of this amendment is that as respects 
whatever they subscribe hereafter and as respects what they 
have subscribed heretofore the Government will with them share 
and share alike, in proportion to the amount contributed, of the 
net residuum, after all expenses have been paid. 

In addition to that, there is involved in this scheme, as Sena- 
tors will see, the souvenir half-dollar, which is supposed and be- 
lieved will inure to the benefit of the Government. So, prac- 
tically, the Government of the United States will receive a 
certain amount of benefit from that source. Taking all this 
scheme and machinery together we believed that it was exact jus- 
f ice, or more nearly exact justice, for us to share with this local 
corporation our subscrijition with theirs rather than to require 
them to pay the whole of our debt before receiving anything in 
return for their investment on this account. 

So it seems to me that if we look at this question by and large, 
and the magnitude and nature of the Exposition, neither the 
Philadelphia Exposition nor the New Orleans Exposition can be 
counted as a precedent. I will say, however, that although the 
New Orleans Exposition was a local exposition in one sense — it 
had its origin in the Southern States— we did contribute $1,000.- 
000 to it as a loan. I believe the Senator from Louisiana alluded 
to that. But after all that was done, the Government of the 
United States, by appropriation of public money, appropriated 
more than half a million dollars in addition, because we had ob- 
ligated ourselves in that Exposition in such a way that the honor 
of the Government was bound. We appropriated out of the 
Treasury more than half a million dollars to pay the deficit of 
the Cotton Exposition in the city of New Orleans. 

I think it is wiser and batter for us to share and share alike 
with this corporation the contributions which are to be made as 
respects the Exposition. 

Mr. GRAY. Mr. President, I agi-ee with what the Senator 
from Iowa has said. Before I could gain my full consent to vote 
a dollar out of the Treasury of the United States towards this 
Exposition, I had convinced myself that it was a national under- 
taking, that it was a national function which the Federal Gov- 
ernment and not the States alone could perform in order to put 
itself in line with the great nations of the world that had come 
to consider these great expositions as part of the accessories to 
the civilization of this century. It was not hard to convince my- 
self that as a matter of fact this had been undertaken as a national 



function by looking at the enacting clause and the first section 
of the act of April 25, 1890, where I find this language: 

Be it enacted by the Senaleand House of Jlepresenlafives of the Uniled States of 
America in Congress assembled. That an exhibition of arts, industries, manu- 
factures, and products of the soli, mine, and sea shall be inaugurated in the 
ye.ar 1893, In the city of Chicago, m the Stat« of Illinois, as hereinafter pro- 
vided. 

The initiation of this great Exposition was made by an act of 
Congress, and so far as this Government can be committed to 
an undertaking this act has committed the Government to this 
undertaking as a national function. Being such, I find myself 
willing to vote for such appropriation as shall be deemed to bo 
wise and just and proper in order to make the Exposition a na- 
tional^ success. I would not vote for a loan to this or any other 
exposition, or to any corporation or set of individuals in any 
State, no matter what precedent may be quoted in the past ac- 
tion of the Government in that respect, but I am willing to vote 
an appropriation of money for this Exposition because it is, in 
my opinion, a public concern and a public object. 

I believe that the United States, in regard to the money to be 
appropriated by it for this purpose, should stand upon an equal 
footing with all other persons contributing thereto, and that 
there should be no preference for the United States in regard 
to the repayment of the money, or exemption of the United 
States from the ordinary risks that obtain in an undertaking 
like this. So I feel impelled to vote against the amendment of- 
fered by the Senator from Louisiana, believing that the provi- 
sion already made by the committee is a wiser one, and one 
consonant with the public objects and with the theory upon 
which I believe this whole matter has been at all interfered with 
by the Government of the United States. 

Mr. H AWLE Y. Mr. President, I am happy to concur entirely 
with what the Senator from Delaware has said. I will put di- 
rectly upon record a correct statement of a simifar arrangement 
with the Philadelphia Exhibition. 

The act which created the Centennial Commission and author- 
ized the Exposition of 1876 was approved March 3, 1871. It was 
very brief, and contained no provision for raising the money or 
for the general government of the exhibition. It merely created 
a commission and told it to hold an international ex'hibition. 
At the first meeting of that commission it was voted to apply to 
Congress for the creation of an auxiliary corporation to be caf led 
the Centennial Board of Finance. It was to carry on the finan- 
cial operations, and also the active executive work of putting up 
buildings, caring for the grounds, receiving and disbiu'sing 
money, etc. It had anelaboi-ate charterand an elaborate organ- 
ization. Corporators were named from every State in the Union 
A great popular subscription was invited. Subscriptions were 
made in various parts of the Union and by a number of the States. 

But there was a good deal of financial "disturbance in the coun- 
try about 1872, 1873, 1874, and 1875, and it was found impossible 
to raise the money necessary in that way. The State of Penn- 
sylvania came forward with exceeding generosity and put up a 
building with its own appropriation. Tlie city of Philadelphia 
did the same thing. The city of Philadelphia made vast im- 
provements upon Fairmount Park, the site of the exposition, 
having in view of course the future value of those improvements. 
But as the time for the exposition approached it was found that 
it was impossible to carry it to a successful conclusion without 
more money. Therefore an act was passed, very late, you will 
see, approved February IC, 1870, less than three months before 
the opening of the exhibition, giving $1,500,000 to the Ceutni- 
nial Board of Finance to carry on the work of the exposition in 
four several drafts. It was intended, and expected, and hoped 
then that the Government would do just what it is proposed to 
do now in this bill, that it would share and share alike, as the 
popular phrase is, with the stockholders, who had already s .ib- 
scribsd two or three million dollars. 

The bill was drawn in that form; it was likely to pass in that 
form; when at the last moment a member of the other House 
proposed a clause which was afterwards construed to make it a 
loan. The result was that after all the money was collected and 
all the expenses of the exhibition paid, the Government of the 
United States, which had ordered the exhibition for the glory 
of the nation to celebrate its one hundredth anniversary, took 
every dollar of its million and a halt back and put it in its pocket, 
and left the shareholders to get a dividend of 22 or 23 per cent. 

I say, Afr. President, with all respect to my country, it was not 
a respectable proceeding. It was a very cruel thing to do. The 
Governmentordered that exhibition with a great flourish. With 
eloquent whereases and preambles it ordered the exhibition to 
be held, and then, you may say, ordered the people to subseriix^. 
They subscribed with what was then considered very great lib- 
erality, and then the Government, to save the nation from what 
would have been an unquestioned and mortifying disgrace, put 
in the million and a half, and at the last moment decided to call 
it a loan. 



6106 



CONGRESSIONAL RECORD— SENATE. 



July 13, 



Kow, I think that tho people of the State of lUiaois, and es- 
peciailj' tlie paople of ChicaiTO, deserve the thanks of the nation 
for the viyor and the liberality with which they have conducted 
this affair. They feci that the honor of Chicago is at stake. 
But thei'c is a great deal moi-e than that, sir. The honor and 
credit of our whole country are at stake in this enterprise, and 
T do sincerely and most earnestly hope that wo shall not deal 
v.'itli it in any narrow spirit. I say if this $5,000,000 be put in 
as is proposed in the bill tho least that we can do is to put our- 
selves upon an equality with tho shareholders. 

Mr. BUTLER. Mr. President, I was under the impression 
that we had a unanimous agreement yesterday to vote upon the 
bill at 2 o'clock. It is now nearly half past 2, and we have had 
three speeches since that time. I do hope 

Tho PRESIDING OFFICER. The Chair will state to the Sen- 
ator from South Carolina that he does not understand that there 
was any agreement as to any time when the vote should be taken, 
but the agreement was that debate should continue to-day under 
the <ive-minute rule, under Rule VIII. 

I\Ir. BUTEER. Up to 2 o'clock. 

Tho PRESIDING OFFICER. The Chair does not under.rtand 
that there was any time fixed for closing the debate. 

Mr. BUTLER. I will ask the Senator from Iowa if it was not 
agreed that we should vote at 2 o'clock'? 

Mr. ALLISON. No; the five-minute debate was to goon until 
this provision was disposed of. 

Mr. BUTLER. Then we can bs kept here all night, I pre- 
sume. 

Tiie PRESIDING OFFICER. Tho question is on agreeing 
to the amendment of the Senator from Louisiana [Mr. White] 
to the amendment of the Committee on Appropriations. 

Mr. WHITE. On that I ask for the yeas and nays. 

The yeas and aays were ordered. 

Ml'. CAREY. Lot the amendment to tho amendment be read. 

The PRESIDING OFFICER. The amendment of the Senator 
from Louisiana to the amendment of the committee will be read. 

Tlie Secretary. On page 123, line 25, after the words "United 
States," insert: 

The sum of money appropriated by this act by preference and priority 
over all sums, except such sums as shall hereafter be subscribed and paid 
by the stockholders and the city of Chicag'o for the completion and conduct 
of said Exposition, up to J3,000,000 and no more, which simi of three millions 
lo be hereafter subscribed, if subscribed and paid out, shall share in pro- 
portion from the assets with the stuns appropriated by this act. 

The VICE-PRESIDENT. The Secretary will call the roll on 
agreeing to the amendment of the Senator from Louisiana to 
the amendment of the Committee on Appropriations. 

The Secretary proceeded to call the roll. 

iWr. CALL (when his name was called). I am paired with the 
Senator from Vermont [Mr. Proctor]. If he were present I 
should vote "yea." 

Mr. DOLPH (when his name was called). I am paired with 
the senior Senator from Mississippi [Mr. George]. I do not see 
him in the Chamber at this moment, and withhold my vote. 

Mr. FAULKNER (when his name was called). I am paired 
with the Senator from Wyoming [Mr. Warren]. 

Mr. WALTHALL (when jMr. GORDON'S name was called). 
The junior Senator from Georgia [Mr. Gordon] is paired with 
the junior .Senator from Rhode Island [Mr. Dixon]. 

Mr. COKE (when Mr. MiLLS'S name was called). I desire to 
announce the pair of my colleague [Mr. Mills] with the Sena- 
tor from Now Hampshire [Mr. Gallinger]. 

ISIr. PUGH (when Mr. MORGAN'S name was called). I desire 
to announce the pair of my colleague [Mr. Morgan] with the 
Senator from Massachusetts [Mr. Dawes]. 

Mr. PASCO (when his name was called). I desire to annoimce 
agahi my pair with the Senator from North Dakota [Mr. CaseyJ. 

Mr. TURPIE(when his name was called). I am paired with 
the .Senator from Minnesota [Mr. Davis]. 

The roll call was concluded. 

!Mr. GALr_jINGER. I desire to announce my pair w'ith the 
junior Senator from Te.Kas [Mr. MiLLS]. 

Mr. HIGGINS. I am i^aired generally with the Senator from 
New Jersey [Mr. McPhersonJ; but I feel authorized by the 
statement of his colleague [Mr. Blodgett] to vote, and I vote 
"nay." 

Mr. DANIEL (after having voted in the affirmative). I beg 
leave to withdraw my vote. I am paired with the Senator from 
Washington [Mr. SQUIRE], and I think it best, out of respect to 
him, not to vote. 

The result was announced — yeas 20, nays .38; as follows: 

Y'EAS— 20. 

Bate. Butler, Hunton, Ransom, 

Berry, Carlisle, Jones, Ark. Vest, 

Blackburn, Cockrell, Kyle, Voorhees, 

Blodgett, Coke, Pefter, Walthall, 

Brice, Gibson, La. Perkins, White. 



Allen, 

Allison, 

Cameron, 

Carey. 

Chandler, 

CuUom, 

Dubois, 

Felton, 

Frye, 

Gibson, Md. 



Aldrich, 

Call. 

Casey, 

Colquitt 

D,aniel, 

Davis, 

Dawes, 

Dixon, 



Sawyer. 

.Sliermaa, 

Shoup. 

Stock bridge, 

Teller, 

Vilas. 

Washburn, 

Wolcotl. 



Stanford, 
.Stewart, 
Turpie, 
• Vance, 
Warren, 
Wilson. 



NAY'S-38. 

Gorman, Kenna, 

Gray, Manderson, 

Hale, Mitchell, 

Hansbrough, Paddock, 

Hawley, Palmer, 

Hlgglns. Pettigrew, 

Hill, Piatt, 

Hiscock, Power, 

Irby, Quay, 

Joue.s, Nev. Sanders, 

NOT VOTING-30. 

Dolph, McPherson, 

Faulkner, Mills, 

Gallinger, Morgan, 

George, Morrill, 

Gordon, Pasco, 

Harris, Proctor. 

Hoar. Pugh,, 

, McMillan, Siiuire, 

So the amendment to the amendment was rejected. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the committee as amended. 

Mr. BERRY. Does this include the entire amendment'? 

The VICE-PRESIDENT. The entire amendment, inserting 
section 2 and the following sections, to the end of the bill. 

Mr. BERRY. Upon that I ask for the yeas and nays. 

The yeas and nays were ordered. 

Mr. BERRY. Mr. President, I simply desire to say that I do 
not believe it is the ])roper thing for the United States Govern- 
ment to loan the corporation in Chicago any money for the pur- 
]50ses of making the E.xhibition proposed. I do not believe it is 
the proper thing for the Government of the United States to 
give to that corporation at Chicago any money for the purposes 
of making the E.xhibition. I do not believe it is the proper 
tiling for the Government of the United States to ent?r into 
partnership, either as a partner or as a stockholder, with a 
corporation in the State of Illinois for the purpose's of making 
the E.Khibition. Whether this amendment, as it is framed, falls 
under either one of tho-e three heads, wliether it is a gift, 
whether it is a loan, or whether it is a partnership or as a stock- 
holder, I believe that the Government is in any cass going be- 
yond what we are authorized to go, and that v.-o should not vote 
this appropriation. 

I do not know that it appears in the bill, but it was asserted by 
people from Chicago, from St. Louis, and from New Y^'ork that 
if the Fair was located at any of those cities the Government 
would not be called upon for one dollar or for one cent, but that 
if located at Chicago tho money would bs paid by the State of 
Illinois and by the people of Chicago. That has been but little 
more than a year ago, and yet to-day they come and ask that we 
go into partnership with them or that we give them $5,000,000 
of tho money of the people of the Unitad States. 

All the arguments that have been made in regard to other 
questions that have arisen on this amendment applj' with equal 
force to the main proposition. When the Government goes out- 
side of its regular functions and into partnership with anj' cor- 
poration it goes beyond that which was intended by the Consti- 
tution of tho United States. 

A large part of the people of the South and West are to-day 
clamoring for the Government to loan money to a scheme called 
the subtreasury, or upon a land-loan bill. I, in common with 
other Democrats throughout the United States, have told them 
again and again that we did not believe the Government had 
any power or authority to lend them money: but we have tho 
same right to loan it to them that we have to loan it to this cor- 
poration in the State of Illinois. I can not see how those who 
stand upon the Constitution and say that the Government can 
not loan money to anybody, can vote to loan it or give it, or go 
into iiartnership with this Exposition ip the .State of Illinois. 

Mr. President, I am opposed to the whole scheme. I want 
that corporation to run its own show, without any partnership 
with this Government, or without our giving them a dollar or a 
dime. If the Government makes its own Exposition there under 
tho law, that is one question; but this is a proposition to take 
$5,000,000 of the money of the people of the United States and 
go into partnership with that concern, or isractically to give it 
to them, because no one ever supposes that a dollar of it will be 
repaid. 

For these reasons I have called for the j'eas and uaj's for the 
purpose of recording my vote against the whole Chicago scheme, 
whether there is any other vots recorded against it in the Sen- 
ate or not. 

The VICE-PRESIDENT. The Secretary will call the roll on 
agreeing to the amendment of the committee as amended. 

Mr. PEFFER. Before the roll is called I desire to call the at- 
tention of the Senator from Iowa to the fact that a few days ago, 
I think it was Saturday, when w-e were considering the com- 
mittee's amendments, I had the honor to propose an amendment 
in one place, when it was suggested by the Senator that it would 



1892. 



CONGRESSIONAL RECORD— SENATE. 



G107 



come in at a better place in anotlier portion of the bill, and I 
withdrew it for that purpose. If I am in order now, inasmuch 
as the amendment was discussed and generally agreed to, I will 
ask permission to have it road and call attention to where I 
desire it to be inserted; and if it is not out of order I ask that 
it maj- be acted upon. 

Mr. ALLISON. Will the Senator refrain until we have a vote 
upon the pending question? 

Mr. PEPFER. I understood that we wei-o to take a vote now 
upon the bill. 

Mr. ALLISON. No, we are to vote now upon the amendment 
of the committee as amended. 

Mr. PEEPER. I beg pardon. 

Mr. ALLISON. It is to insert the matter beginning on page 
121, section 2, and concluding with the end of the bill, which is 
treated as one amendment. 

The VICE-PRESIDENT. The Secretary will call the roll. 

The Secretary proceeded to call the roll. 

Mr. FAULKNER (when his name was called). On this and 
on all other questions upon the bill I am paired with the Sen- 
ator from Wyoming [Mr. Warrex]. 

Mr. GALLINGER (when his name was called). I am paired 
with the junior Senator from Texas [Mr. Mills]. If he were 
in'esent I should vote "yea." 

Mr. TURPIE (when his name was called). I am paired with 
the Senator from Minnesota [Mr. Davis], 

The roll call was concluded. 

Mr. WALTHALL. The Senator from Georgia [Mr. Gordon] 
is paired with the Senator from Rhode Island [Mr. DiXON]. 

^Ir. CALL. I am paired with the Senator from Vermont [Mr. 
Proctor]. 

iMr. HARRIS. I am paired with the Senator from Vermont 
[Mr. Morrill]. If he were present I should vote "nay." If 
there is any Senator on the other side who is paired and should 
like to transfer pairs I would be glad to transfer my pair so that 
I may record my vote. 

Mr. GALLINGER. I suggest to the Senator that my pair 
may bo transferred to the Senator from Vermont [Mr. AIOR- 
rill] so that he will stand paired with the Senator from Texas 
[Mr. Mills]. 

Mr. HARRIS. Very well; I transfer my pair to the Senator 
from Texas [Mr. Mills], and record my vote, "nay." 

Mr. GALLINGER. I vote "yea." 

Mr. HIGGINS. I understand from the Senator from New 
Jersey [Mr. Blodgett] that his colleague [Mr. McPherson], 
with whom I am paired, is in favor of the amendment, and I 
therefore vote "yea." 

Mr. COLQUITT (after having voted in the negative). I voted, 
supposing that my pair with the Senator from Iowa [Mr. Wilson], 
with whom I am generally paired, had been transferred, but 
discovering that it has not, I withdraw my vote, with the an- 
nouncement that I am paired with the Senator from Iowa [Mr. 
Wilson]. 

The result was announced — yeas 51, nays 14, as follows: 









YEAS— 51. 




Allen, 




Gibson, La. 


Kyle, 


Sanders, 


Allison. 




Gibson, Md. 


McMiUan, 


Sawyer, 


Brice. 




Gorman, 


Manderson, 


Sherman, 


Cameron, 




Gray, 


Mitchell, 


Shoup, 


Carey, 


X 


Hale, 


Paddock, 


Stewart, 


Chandler, 


03 


Hansbrougli, 


Palmer, 


Stockbridge 


Cullom, 


■rs 


Hawley, 


Petfer, 


Teller, 


Daniel, 


c 


Higgins, 


Perkins, 


Vilas, 


Dolph, 




Hill, 


Pettigrew, 


Voorhees, 


Dubois, 


CO 


Hlscock, 


Piatt, 


Washbm-n, 


Felton, 


Hunton, 


Power, 


White, 


Frye, 


Jones, Nev. 


Quay, 


Wolcott. 


GalUnger, 


o 


Kenna. 


Ransom, 
NAYS— 14. 


.- 


Bate, 


(X> 


Butler, 


George, 


Vest, 


Beny, 


■ 3 


Carlisle. 


Harris, 


Walthall. 


Blackburn 


Cockrell, 


Irby, 




Blodgett, 


Coke, 


Jones, Ark. 






(_ 


NOT VOTING— 33. 




Aldrich, 


o 


Dixon, 


Morgan, 


Stanford, 


Call, 


u. 


Faulkner, 


Morrill, 


Turpie, 


Casey, 




Gordon, 


Pasco, 


Vance, 


Colquitt, 




Hoar, 


Proctor, 


Warren, 


Davis, 




McPherson, 


Pugh, 


WUson. 


Dawes, 




Mills, 


Squire, 





So the amendment of the committee as amended was agreed 
to: which was to add to the bill the following additional sections: 

AID TO THE WORLD'S COLUMBIAN EXPOSITION. 

Snc. 2. That for the purpose of aiding In defraying the cost of completing 
the work of preparation for Inaugurating the World's Columbian Exposi- 
tion, authorized by the act approved April a5, 1890, the Secretary of the Treas- 
tiry is authorized and directed to have recoined 55,000,000 In half-dollar silver 
coins from the uncm'rent subsidiary silver coins abraded below the limit of 
tolerance now in the Treasury, which coins shall be of the same weight and 
fineness and have in all other respects the same qualities as the silver halt- 
doUar now authorized by law; said coins shall also be of such design and be ' 



stamped and engraved with such inscriptions and devices as will designate 
their value as coins of the United States, and also make them suitable sou- 
venirs of said celebration of the four lumUrediii anniversary of the discovery 
ot America by Christopher Columbus, and there is hereby appropriated from 
the Treasury the said So.OOO.OOO so coined; and the Sorretarv of the Treasury 
is authorized to pay the same as lawful money to the World's Columbian 
E.\position monthly in such amounts as may be needed, in his discretion, 
upon detailed estimates of the expenditures for the succeeding n\onih certi- 
fied to him by the president of the World's Columbian Exposition, or. in his 
absence or inability to act. bythe\-lce-president, and bv the director-general 
ot the World's ColumbianCommission, or, in his absence, bv the president ot 
the Commission, to bo approved by the Secretary ot the Treasury, for labor 
to be done, materials to be furnished, and services to bo performed in prose- 
cuting said work of preparing said Exposition for opening on Mav 1st. I«i3: 
Provided, That before the Secretary of the Treasury shall pav to the World's 
ColtmibLan Exposition any part ot the said $'>,000,000 .satistiictorv evidence 
shall befurni.shed him showing that the sum ot $10,000,000 provided tor by 
the fifth section ot the act ot April 2.5. 1890, has been collected and disbursed 
as required by said act; and that provislim has been or will be made by the 
proper authority for the closing of the Exposition on the first dav ot the 
\yeek. commonly called Sunday; and that the said World's Colimibian Ex- 
position shall furnish a satisfactory gu.arant v to the Secretary of the Treas- 
ury that any further sum actually necessary to complete the work ot said 
Exposition to the opening thereof has been or will be provldeil by s.aid cor- 
lx>ration; but nothing herein shall bo so construed as to authorize the delay 
or postponement of the preparation ot the souvenir ctiius luTi'lplietore pro- 
vided tor, and there Is hereby apijropriated, out ot any money in the Treas- 
urj- not otherwise appropriated, the sum ot SIOO.OOO, or so much thereot as 
may be necessary, to reimburse the Treasury tor loss on such reioinagc. 
The sale ot intoxicating liquors on the said Exposition grounds shall be pro- 
hibited, except tor medical, mechanical, or sclenliflc purposes. 

Sec. 3. That monthly reports shall be forwarded by the^said World's Co- 
lumbian Exposition to the Secretary ot the Treasury, on or before the lOth 
day ot each month, showing the amount ot money expended during the pre- 
ceding month, accompanied ^vith vouchers showing such cxpcndilnres in 
detail, which vouchers shall be made in duplicate, one to bo tiled with the 
Secretary of the Treasury, the other to bo retained bv the '.Vorld's CoUnn- 
bian Exposition, which vouchers shall be certilied by the ])residcnt ot the 
World's Columbian Exposition and approved by the director-general ot the 
World's Columbian Commission, and Uko report shall bo made monthly of 
receipts from all sources, before and during the i>rogress ot the Exposition, 
and within thirty days after the close of the Exposition as now provided by 
law a statement of all receipts and disbursements by the World's Columbian 
Exposition shall be made, and a copy liled with the Secretary of the Treas- 
ury, provided that no expenditures incurred in tho preliminary organiza- 
tion or in securing the location of said Exposition shall be inrln;led in su(^h 
disbiu'sements; and from tho net amount received into the treasury of the 
World's Columbi.an Exposition from all sources whatsoever, including salv- 
age of bHlidlngs, which together with all property shall be sold within a rea- 
sonable time, to be tlxed by t he Secretary ot the Ti-easnrv, and upon due ascer- 
tainment thereof there shall be paid to the Secretary ot the T^-easury ot the 
United States such proportion of said net amoiint as the suni appropriated 
and paid out imder section 'J of this act shall bear to the aggregate of such 
sum, and the sum which has been, or shall hereafter be, subscribed and paid 
by the stockholders and the city ot Chicago tor the preparation, completion, 
and conduct of said Exposition. And the dividends so accruing to the 
United States shall be paid at the same time and in such proportionate in- 
stallments as they are paid to the shareholders and to the city of Chicago. 

Sec. 4. That tho appropriation prortded in section 2 of this act shall te 
upon condition that the said World's Columbian Exposition maintain and 
pay all the expenses, costs, and charges ot the great departments organized 
for tho purpose of conducting the work ot the Exposition, but subject to the 
terms ot the conference report known as the compact adopted on the :3Uh 
and 'ioth days ot November, 1890, by the directory ot the World's Columbian 
Exposition and by the World's Columbian Exposition, respectively, and with 
the right remaining in the board ot directors of the World's Columbian Ex- 
position to reduce or discontinue any expenditures when in their opinion 
the interests ot the Exposition so require, and the per diem and exiienses of 
all judges and jiu'ies of awards, the per diem and expenses ot the commis- 
sioners who are members of the committee on awards of the World's Coltim- 
bian Commission while engaged in the dischargeot thelrduties as members 
ot said committee, including compensation of clerks, stenogra])hcrs. station- 
ery, printing, postage, and all the necessary incidental expenses of said 
judges, jiu'ies, and committee onawards ot the World's Coluiubi,au Commis- 
sion; all said expenses, costs, and charges to be paid ont of the funds of the 
said World's Columbian Exposition: Provided, That the gross expenditures 
on account of medals anddiplomas, the committee on awai-ds, judges and ju- 
ries of awards, clerks, stenographers, stationery, printing, postage, and all 
the necessary incidental expenses of tho same shall not exceed K00,000 and 
shall be made under the direction of the World's Columbian Commission or 
its board ot control, and before any payment of tho sum appropriated by 
section 2 of this act shall be made to the World's Columbian Exposition, 
said Exposition, by action legally had, shall accept the conditions pro'vlded 
by section 3 of this act in reference to the distribution of whatever net 
amount shall remain in the treasury of said Exposition at the close of the 
Exposition, and .also the provl3ion.s of this section, and shall certify such ac- 
tion to the Secretary ot the Treasury. 

Sec. 5. That Qfty thousand bronze medals and the necessary dies therefor, 
with appropriate devices, emblems, and inscriptions comm<'m*oralive of said 
Exposition celebrating the four hundredth amiiversary ot the discovery of 
America by Christopher Columbus, shall be prepared under the supervision 
ot the Secretary ot the Treasury at a cost not to exceed JOO.OOO, and the Bu- 
reau of Engraving and Printing, under the supervision ot the .Secretary ot 
the Ti-easm-y, shall prepare plates andmake therefrom fifty thousand velium 
impressions for diplomas, at a cost not to exceed $13,000. .Said medals and 
diplomas shall be delivered to the World's Columbian Cominission. to be 
a'warded to exhibitors in accordance with the pro\-isions of said act ot Con- 
gi'ess approved April 25, 1890, and there is hereby appropriated, from any 
money in the Treasury not otherwise appropriated, the sum ot $103,000, or so 
much thereot as may be necessary, to pay the expenditure authorized by 
this section; said sum to be reimbursed to the Treasury fi-om the funds o"f 
the said World's Columlnan Esiiosition tipon the delivery ot the said medals 
and said diplomas; and authority may be gr.anted by the Secretary of the 
Treasury to the holder of a medal, properly awarded to him, to have dupli- 
cates thereof made at any of the mints ot the United .States from gold, or 
silver, or bronze, at the expense of the person desiring the same. 

Mr. PALMER. I am so unfortunale as not to fully undei-- 
stand the rules of this body and I shall ask the instruction of the 
Chair on tho point. The Senato" from Kansas [Mr. Peffer] 
introduced an amendment to the bill which I have in my hand, 
])rohlbiting the sale of intoxicating liquors on the grounds of 
he Exposition. I desire in some parliamentary way to submit 



6108 



CONGRESSIONAL EECOED— SENATE. 



July 13, 



that question again to the Senate with an amendment which I 
propose to ofTer. 

The VICE-PRESIDENT. The amendment can only be 
reached when the bill is in the Senate. It is now before the Sen- 
ate as in Committee of the Whole. 

Mr. PALMER. It will then be in order? 

The VICE-PRESIDENT. It will then be in order to offer the 
amendment. 

Mr. PALMER. I will ask that that amendment be reserved 
when the bill is i-eported to the Senate. 

Mr. PETTIGREW. I should like to ask the chairman of the 
committee if we have disposed of the committee amendments? 

Mr. ALLISON. All but one or two. 

Mr. PETTIGREW. I have some amendments which I wish 
to oiler. Does the Senator from Iowa wish to dispose of the re- 
maining- committee amendments now? 

:Mr. ALLISON. It will take but a moment. On page 3, line 
20, I desire to strike out, by unanimous consent, the words "and 
approaches." 

The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. On .page 3, lino 20, after the word " build- 
ing," it is proposed to strike out " and approaches;" so as to read: 

For post-otftce at Beatrice, Nebr. : For completion of building, J5,000. 

The amendment was agreed to. 

Mr. ALLISON. In line 7, page 22, after the word " Wash- 
ington," I move to insert: 

Including resurvey ol San Francisco Harbor. 

The amendment was agreed to. 

Mr. ALLISON. On page 55, after line 2, I move an amend- 
ment, to wliieh I call the attention of the Senator from New 
Hampshii-e [Mr. Chandler]. It was suggested by him.' On 
page 55, after line 2, to insert: 

And the additional sum of 1200,000 is hereby appropriated tor the same pur- 
pose. 

That relates to epidemic diseases. 

Mr. CHANDLER. Making it $350,000 in all. 

Mi: ALLISON. About that sum. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the Senator from Iowa. 

The amendment was agreed to. 

Mr. ALLISON. There was an amendment passed over on 
page 71. I will thank the Senator from Arkansas to send to the 
desk the amendment he proposes there. 

Mr. JONES of Arkansas. It is to insert the words "in the 
discretion of the Secretary of the Interior " after the word " im- 
provement," in line (i, page 71. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. On page 71, line 6, after the word " im- 
provement," insert "in the discretion of the Secretary of the In- 
terior;" so as to make the paragraph read: 

Hot Springs Reservation: For the improvement, in the discretion of the 
Secretary of the Interior, according to suitable plans and estimates to be 
prepared under the direction of the Secretary of the Interior, of the Gov- 
ernment reserve bordering upon Whittington aventte, on the west branch 
of Hot Springs Creek, Hot Springs, Ark.T and to have said improvement 
completed to make said reserve available in part as a reservoir to retain 
and retard the flood waters of said creek, and to put said reserve in a suita- 
ble state of improvement, $30,000, or so much thereof as may be necessary, 
the same to be i)aid out of any money that may now or hereafter be availa- 
ble from the proceeds of the' sales of public lands within the Hot Springs 
<Ark.) Reservation, and that is required, by existing law, to be held as a 
special fund tor such improvements as maybe provided tor on Government 
reservations at said Hot Springs by Congress. 

The amendment was agreed to. 

Mr. M ANDERSON. Now, the committee amendment striking 
out the paragraph should be disagreed to. 

The VICE-PRESIDENT. The question is onagreeing to the 
amendment of the committee, striking out the paragraph as 
amended. 

Mr. .TONES of Arkansas. Does the Senator from Iowa consent 
that the committee amendment shall bo disagreed to? 

Mr. ALLISON. I agree that thb committee amendment may 
be rejected. 

The amendment was rejected. 

Mr. M ANDERSON. I offer an amendment to the bill. On page 
88, after line 15, I move to insert: 

For the construction, under the direction of the Secretary of War, of suit- 
able building for a military storehouse and oflJces at the military depot at 
Omaha, Nebr., f60,000. 

I simply desire to say with reference to this matter that a bill 
appropriating that amount for this purpose has twice passed the 
Senate. It passed it during the present session and at the last ses- 
sion of Congress. It is est imatod for by the Secretary of the Treas- 
ury on the recommcndatiim of the War Department. It is very 
strongly urged (as will be seen by reference to Executive Docu- 
ment No. 124) by the Secretary of War, and I have lately received 
a letter, which I have sent to the Committee on Appropriations, 
from the general commanding the Department of the Platte, 



showing the absolute necessity for public economy and for the 
protection of Government property that this building should be 
erected. I do not think the amendment will meet with any op- 
position from the Committee on Appropriations. 

The amendment was agreed to. 

Mr. QUAY. I offer an amendment to come in after lino 10 on 
page 4. It is an amendment which has been favorably repoi-ted 
from the Committee on Buildings and Grounds, and it has been 
modified to meet the objection of the Committee on Appropria- 
tions. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. On page 4, after line 10, it is proposed to 
insert: 

Forpurohase of site for the public building heretofore authorized at Alle- 
gheny, Pa., $300,000; Provided, That the limft heretofore lixed for the costof 
said building shall not be hereby increased. 

Mr. ALLISON. There are $65,000 already appropriated for 
that purpose. I trust the Senate will not appropriate more than 
$1.35.000 if it appropriates anything. I suggest to the Senator 
from Pennsylvania to make theamount $1.35,000. 

Mr. QUAY. One hundred and thirty five thousand dollars 
in addition to theamount heretofore appropriated. That will 
be satisfactory. That will make it $200,003. 

Mr. ALLISON. Very well; that will bo satisfactory. It is 
not worth while to add the $fi5,000 already appropriated. 

Mr. QUAY. That was not the intention. 

The VICE-PRESIDENT. The amendment of the Senator 
from Pennsylvania will be stated as modified. 

The Chief Clerk. It is proposed to modify the amendment 
so as to read: 

For purchase of site for the building heretofore authorized at Allegheny, 
Pa.. J135,000: Provided 

Mr. QUAY. " In addition to the amount." 

Mr. CULLOM. There is no use to put in those words. 

Mr. QUAY. Very well. 

The Chief Clerk (continuing): 

Provided, That the limit heretofore tixed for the cost of said building shall 
not be hereby increased. 

Mr. QUAY. I think the words I suggested had better go in. 

Mr. ALLISON. I do not object to their going in. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the Senator from Pennsylvania. 

The amendment was agreed to. 

Mr. PETTIGREW. On page 41, at the end of line 7, I move 
to insert: 

To enable the board of control and management of the Government ex- 
hibit to procure, prepare, and compile for publication and to publish statis- 
tics pertaining to the moral, industrial, and intellectual development sinca 
.lanuary I, lt«;i, of the colored people of African descent residing in the 
United "States, $.50,i.WU. or so much thereof as may be necessary, to be ex- 
pended by said board in the same maimer and said expenditures to be sub- 
.iect to the same supervision iind approval as other funds appropriated for 
its use, and which shall form a part of the Government exhibit at the 
World's Columbian Exposition. And the several Executive iJepartmeutsot 
the Government areatithorized and directed to furnish for or provide access 
to any and all information and material in their respective Departments ap- 
pertiiining to the subjects of this inquiry and e-^ihibit. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment proposed by the Senator from South Dakota. 

Mr. GORMAN. I trust the Senator will not press the amend- 
ment. It seems to mo that it is very unwise to bring in the ques- 
tion of color or race in the matter of this great Exposition. 

Mr. PETTIGREW. I shall certainly insist upon the amend- 
ment to the extent of a vote upon it. 'l think these people are 
entitled to recognition and consideration in this connection. 

Mr. GORMAN. I think all the people of this country are en- 
titled to consideration in the matter. From the beginning I have 
taken a very lively interest in this matter. I think I introduced 
the first bill for the Exposition, a bill to locate it in the city of 
Washington. 

Mr. President, I do not care to debate the matter. We have 
already gone over that part of the bill. I raise the point of 
order that the amendment is not in order, it not having been 
reported by any committee. 

Mr. PETTIGREW. Do I under.stand that the Senator raises 
a point of order against the amendment? 

Mr. GORMAN. I do, 

Mr. PETTIGREW. I will say as to the amendment that it 
was reported to the Senate by the Select Committee on the 
Quadro-Centennial. [A pause.] No; I am mistaken about that. 
It was not reported by that committee, but it was offered. 

Mr. VEST. The Senator is mistaken. 

Mr. PETTIGREW. I am mistaken about it. I had another 
amendment in mind. This amendment, however, was intro- 
duced by me and referred to the Committi-e on Appropriations 
several weeks ago. 

The VICE-PRESIDENT. The question of order is not debatar 
ble. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



6115 



condilioiis there is no necessity on earth for an increase of this 
appropriation, in my iudgment, so far as the investigation of the 
lands is concerned. This provision embraces,howover, more than 
one item. If it were simply to meet the expenses ' ' for protecting 
timber on the public lands, and for the more efficient execution 
of the law and rules relating to the cutting thereof; of protect- 
ing public lands from illegal and fraudulent entry or appropria- 
tion," if it were for those purposes alone a very small sum would 
be needed, but here comes in the question of adjusting claims 
for swamp lands and indemnity for swamp lands, some amount 
should bo appropriated for that, because that work ought to be 
Avouud up, and speedily wound up. There is no use of keeping 
it open for all eternitj-. The swamp-land law was passed in 1849, 
and yet all cases under that law have not been adjudicated. 

I am satisfied the business of the General Land Office is being 
gotten into that condition where it can bo speedily disposed of. 
The General Land Office is now current with its work, disposing 
of cases as they come up. The register and receiver make a 
different report from what they did previously when so many 
frauds were charged. No charges of fraudulent entries have 
been heard of in recent j-oars. All the entries of which the Sena- 
tor from Florida [Jlr. Call] speaks, of lands granted to foreign- 
ers and corporations are past. Thej' have gotten their titles 
confirmed under this law and under previous action. 

Wo have had special agents for years and years investigating 
these matters, and I should like to see a few samples of where 
land-grabbers have been dejirived of the public lands they got. 
I know there have been frauds, and we all know it. They can 
not well be prevented in the rapid settlement of a new country; 
but I want to know where these special agents have been instru- 
mental in setting aside entries which have been made evidently 
for speculative purposes, where cattle ranchmen have had twelve, 
fifteen, thirty, or one hundred men to take each 160 acres of land 
under the preemption or homestead laws and completed their 
entries and got patents, and within a few daj-s after the patents 
were issued every solitary mother's son of them made a deed to 
the ranchman for the land. 

What are you going to do in such a case? You have to bring 
a suit to vacate that patent. Tell me where one such suit has 
been brought and has succeeded? I should like the Senator from 
Kansas or any other Senator to point to a solitary instance where 
suit has been brought at the instance of those special agents 
which has been successful. I doubt whether it can be done. 
Tliere were some entries made which were fraudulent. Some 
of them have been set aside by the General Land Office, but I 
want to know where they have succeeded in setting aside the 
title in any of the great frauds of which we have heard so much, 
of foreigners and syndicates and corporations and cattle ranch- 
men getting titles? I do not think they have succeeded. I do 
not think they have earned for the public the amount of money 
which we have paid to them in salaries. It hasnot been aprofi- 
tablc business for the taxpayer; it has not been a profitable bus- 
iness to the homesteader, to the honest man trying to got a 
home. 

But I say that himdreds and thousands of honesthomesteaders 
have been blackmailed time and again by some of these special 
agents who have been sent out to investigate the entries. No 
man who has not made it a point to inquire into those things 
can tell the number of instances where homesteaders have had 
to pay blackmail to buj- off those who were thi'eatening to have 
their entries contested. 

Thei-o will be no occasion for any such thing in the future. 
Here is a law passed for the express purpose of wiping out this 
matter and beginning anew, and vmder it we have no necessity 
for the appropriation of $200,000 in my judgment. 

]Mr. ALLISON. I think this matter is pretty well understood 
now in the Senate, and I should like to waive any opportunity I 
mav have to explain my views if we can secure a vote. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment. 

Mr. CALL. Mr. President, I should like to say a word. I 
wish to read a little from the official reports of this Government. 
I do not understand with the Senator from ]\Iissouri [I\Ir. Cocii- 
rell] that there is any law of the United States which protects 
a man who has committed a willful fraud in acquiring possession 
of any of the public lands of the United States. There is no such 
law; there can be no such law which protects a man in the ac- 
quirement of land b}' a willful fraud. 

I wish further to say that if the Senator from Missouri is right, 
it is the imperative duty of this Congress to pass such legisla- 
tion as will have these cases prosecuted. If our public domain 
has been taken away from the purpose to which it was dedicated 
by the law, these are poor excuses the Senator from Missouri 
makes for our not doing our duty in seeing that this land is re- 
stored to the use of the people. 

Let us see something about what has been the statement offi- 



cially made by the officers of this Government charged with this 
duty, and how it corresponds with the proposition of the Sena- 
tor from ]\Iissouri. In the report of the Commissioner of the Gen- 
eral Land Office for 1887 I find the following: 

I submit the following extracts tro:n tho annual report of the siirvevor- 
Koueral o£ New Mexico which will be found in full in its appropriate place 
in this report. 

Of the patented and unpatented lands I have referred to, accKregating 8,9G1,- 
9<« acres. I think it will be safe to estimate that at least one-halt, namely, 
4.33r.-182 acres have beeuiUegally devoted to private uses under invalid grants 
or tinauthorized surveys. It to this sum I add the estimate before mentioned 
of about 4,000,003 acres unla\rfully appropriated incases pendiuR before Con- 
gress, an approximate estimate will be reached covering from 8,000,000 to 
'.1,000.000 acres of the public domain, which are now, and for many years past 
have been, in the grasp of men who have used and enjoyed the laud lor their 
oTvn emolument, and whose earnest prayer is to be let alone in t he possession 
of their ill-gotten gains. 

I have taken the trouble of going over these various reports. 
I find that in the State of California it is reported: 

San Miguel del Bado; Lorenzo Marifuez e.l a\: Preliminary survey 31,=),- 
S00.80 acres. The grant was made to Ufty-two persons whoso names .are 
specified, and distribution was made In the act of judicial posses.slon among 
fifty-eight heads of families. The surveyor-general finds the grant valid 
and recommends confirmation to the heirs and legal representatives of the 
persons named in the distribution. In reference to qiiantity, he slates that 
it was not the practice of the Spanish Government to make grants of large 
tracts of land at the date of this concession. I Und upon examining the allot- 
ments that the whole area to which title was given to fUty-eiglit persons 
was Gl acres, being a house aud garden lot for each. 

I will not occupy the time of the Senate in reading these ex- 
tracts to any extent, but I will read this: 

In California one agent has been almost exclusively engaged on timber- 
land entries made upon redwood lauds in the Humboldt district and in aid- 
ing the United States attorney in procuring and preparing the testimony 
for the criminal prosecution of some of the parties who committed the 
frauds. A great majority of the entries investigated were foimd to have 
been in the names of poor and ignorant people who had never seen the lands, 
and who, immediately after the issuance of the final certiflcales, transferred 
their respective claims ,to syndicates or individuals dealing in lumber or 
timber lands. The facts and circumstances generally indicate that the en- 
trymen were induced lor a small consideration to make the entries for the 
benefit of the persons to whom the lands were conveyed. 

The other agent in California has examined a large number of agricul- 
tural entries made tipon lands valuable chietly, and in many instances solely, 
for the timber thereon and for the purpose of transferring the lands to spec- 
ulators. He .also investigated a large number of timbev-land entries. 

One batch of this class of entries, embracing 13,000 acres of land in the 
Stockton and Visalia districts, was examined by one of the timber agents, 
and was found to have been transferred to a San Francisco firm, who, it is 
alleged, induced the entrymento take up lands for their benefit. 

The report contains specific statements in reference to the 
d ifferent States and Territories. It appears from the report that 
in the State of Cjlorado there have been immense approjiriations 
of the mineral lauds of that State in positive fraud of the law. 
Will the Senator from Missouri undertake to tell mo that an in- 
vestigation by this Government should not bo made, and those 
valuable lands restored to the miners of Colorado instead of the 
foreigners who have by fraud and false oaths appropriated them 
to their benefit and taken them away from the honest laboring 
miners to whom the law had dedicated them? If thei'e be such a 
law, it was not passed in the interests of the people: but it was pro- 
cured by some designing- person having the interest of those 
capitalists and not the interest of the people of those States in 
charge. 

Por that reason and becauseevery administration. Democratic 
and Republican, has i-ecommended this methol of proceeding 
and vindicated it, and because in the very reason of the thing itself 
honest and cajiable men can be selected for this duty, I object to 
the withdrawal of these lands by fraud. 

Mr. PADDOCK. Mr. President, I desire to say just a word 
in response to an observation dropped by my distinguished friend 
from Nevada [Mr. Stewart]. Speaking 'of Senators and Rep- 
resentatives from the Northwestern States he referred to myself 
as perhaps not familiar with the situation in the public land 
States. The inference to be drawn fi-om what he said was that 
I lived somewhere in a foreign country or some ol her remote 
region. Permit me to saj- that I, too, am of the Senators of the 
Northwestern States. I am almost "to the manner born" in a 
public laud State. I have lived in Nebraska more than thirty- 
fi.ve years, and am entirely familiar with the administration of 
the land laws in that State and the other States which are its 
neighbors, and know what I was talking about exactly in my 
discussion of the special agent matter. 

The PRESIDING OFFICER (Mr. Turpie in the chair). Tho 
question is on the amendment of the Committee on Appropria- 
tions. 

The amendment was rejected. 

Mr. COCKRELL. I move to strike out '• one himdred and 
twenty thousand" and insert ''sevent3'-fivc thousand.'' 

Mr. ALLISON. I trust the Senator from Alissouri will allow 
this amendment to go now. 

The PRESIDING OFFICER. The amendment proposed by 
the Senator from Missouri will bo stated. 

The Secretary. In line 3, jiage 58, it is proposed to strike 



fillG 



CONGRESSIONAL RECOED— SENATE. 



July 13, 



out "one humlred and twenty" and insert "seventy-fivo;" so a 

to read: 

And of adjusting claims for swamp lands, and Indemnity for swamp lands, 
$75,(KI0. 

The PRESIDING OFFICER. The question is on the amend- 
ment of the Senator from Missouri. 

Mr. x\IjLEN. I wish to make an inquiry of the chairman of 
the Committee on Appropriation. I very clieerfully voted to 
reduce the amount of the appropriation to that fixed by the other 
House, feeling that by reason of the repeal of the preemption 
law that amount would be fully adequate for any demand which 
might bo made for the ensuing year for this service. I am not 
willing-, however, by my vote to cripple the service. I desire 
that as much of the appropriation as possible made for the In- 
terior Department shall go to the surveys of the public lands, 
and yet to | tf ain that purpose, I am not willing to reduce the ap- 
propriation for another legitimate purpose so low as to seriously 
cripple it. I therefore should like to inquire of the chairman 
of the committee what is the basis of the demand for $120,000, 
or whether or not this appropriation can be reduced from $120,- 

000 to $7.").(iO;i without serious injury to the public service? 

Mr. ALLISON. The estimate is $300,000. After listening to 
the debate here to-day, I should think about twenty- five or thirty 
thousand dollars would be enough. 

Mr. PERKINS. Nothing. 

Mr. .'VLLISON. Or nothing. But I should think from what 

1 know of this subject, that we had better go slowly down in these 
investigations. 

The amount of the appropriation for the fiscal year which has 
just expired, is $2-10,000. We have cut it down for the coming 
year one-half. I have no doubt the Department can get on with 
that, but I should like to submit to my friend from Missouri [Mr. 
COCKRELL], who is usually careful about such matters, that 
we had better try $120,000, the sum fixed by the House, for this 
year, and nsxt year I will go along witli him as rapidly as I can 
towards a further reduction. Perhaps we shall be able to get 
along with a less sum next year. 

Mr. COCKRELL. As a matter of course we understand how 
these estimates come in. They are the same estimates that come 
in year after year. 

Mr. ALLISON. We do not always understand, but wo gen- 
erally do. 

Mr. COCKRELL. And there was no statement before_ our 
committee that there -was necessity for any increase of this item 
or anything of that kind. I do not want to cripple the service. 

ISIr. ALLISON. I know the Senator does not. 

Mr. COCKRELL. I would not have one solitary fraudulent 
entry confirmed if I could help it, but I do not want to waste the 
people's money in harassing men and then accomijlish nothing. 
I think $7.5,000 is all that the Deiiartment can properly expend. 
I believe it is all that the present Commissioner of the General 
Land Office would spend under this appropriation, unless he 
had to keep in his service some of the men already apoointed 
upon reports that there was business for them to do here and 
there. A special agent hunting up business can always find 
some kind of bu,siness to attract his attention. 

I believe the present Commissioner has managed that office 
just as well as he could. He has done wonderful work in bring- 
ing it up to date. That he was enabled to do by i-eason of 
confirmation law of March 3, 1891, wliich ended the great ml 
of contests, and by diligent work. I think $7.5,000 is all that c 
b3 properly expended, but I am willing to say $100,000, and I knov 
the Commissioner can not possibly expend more than $100,0" 
with any profit at all. I will change my amendment .so as to 
make the amount '■$100,000." 

Mr. ALLISON. I think the House of Representatives must 
have looked this mattsr over very carefully. I read the testi- 
mony of the Commissioner of the General Land Office given be- 
fore the House committe-?, and in that testimony, as the Senator 
will remember, he stated that, with the provision in the bill 
which authoi'izes him to detail clerks, he might get on with the 
sum named by the House: but lie stated tliat it was an injudicious 
thing to take clerks away from their work here and put them to 
work outside. 

I have the same faith in the Commissioner of the General Land 
Office that the Senator from Missouri has, and if lie does not need 
this money I think we may trust liim to waive its e.xxienditure. 
He will not fo,-l that he is obliged to expend it because it is ap- 
propriated. 

Mr. WOLCOTT. Mr. President, I desire to make a sugges- 
tion to the Senator from Missoui'i, and that is this: As the bill 
now stands the entire Appropriations Committee can not tamper 
anymore with this amount. If we vote to reduce it to $100,(100 — 
and I would otherwise cheerfully vote to reduce it to $100,«JO0 or 
$7.5, Ono — it will go to aconferenco committee, which isapeculiar 
working body; we have had some marvelous experiences of it; 



and the first thing we know at the end of this session we will 
find that $200,000 ha? been appropriated. [Laughter.] I am 
willing to give $120,000, but I should like to stop there for> this 
year. I hope the Senator from Missouri will withdraw his amend- 
ment. 

Mr. ALLISON. With that suggestion I hope the Senator 
from Missouri will withdraw the amendment, because there is 
great danger that there may be some manipulation after this 
leaves the Senate. [Laughter.] 

Mr. COCKRELL. In view of the fact that one of the most 
important laws we have upon our statute books to-day is the act 
entitled "An act to repeal the timber culture, and for other pur- 
puses," and as that originated in a confei-ence committee and 
was brought in and made a law upon the report of a conference 
committee, and as my good friend from Iowa [Mr. Allison] is 
the chairman of the subcommittee, I believe, and he is famous 
for these things, I shall have to yield, I reckon. [Laughter.] 

The PRESIDING OFFICER. ' The amendment is withdrawn. 

i\Ir. PETTIGREW. I have an amendment which I desire to 
offer. 

Mr. PADDOCK. What is the pending question? 

The PRESIDING OFFICER. There is no question before t he 
Senate. 

Mr. HARRIS. What has become of the amendment reported 
by the committee with respect to this appropriation? 

The PRESIDING OFFICER. The amendment reported by 
the committee was agreed to. The amendment of the Senator 
from South Dakota [Mv. Pettigrew] will be stated. 

The Secretary. On page 90, at the end of line 21, it is pro- 
l)Osed to insert: 

There shall be appointed, in addition to the Commission authorized by 
the act of Congress to provide lor the celebration of the four hundredth an- 
niversary of the discovery of America, two additional commissioners and 
alternates, to be selected from the Hve civilized tribes in the Indian Terri- 
tory, said commissioners and alternates to be appointed by the President 
within thirty days after the i>assage of this act aud with the authority con- 
ferred in said act upon the commissioners appointed under the second sec- 
tion thereof. 

Mr. PETTIGREW. This amendment was reported from the 
Committee on the Quadro-Centennial, and is for the purpose of 
allowing the five civilized tribes in the Indian Territory two 
commissioners, so that these people may feel an interest in the 
Fair, as they are coming to feel an interest in the other people 
of the United States. It seems to me there can be no objection 
to the amendment. 

The PRESIDING OFFICER. The question is on the amend- 
ment of the Senator from South Dakota. 

The amendment was agreed to. 

Mr. MCMILLAN. I offer an amendment to come in on page 
54, after line 2. 

The PRESIDING OFFICER. The amendment will be stated. 

The Secretary. On page 54, after line 2, it is proposed to 
insert: 

For the Daisy Chain Hospital, in the District of Columbia, the sum of 
ifSl.OOO, or so much thereof as maybe necessary, to be applied in the pur- 
chase of such site as the Commissioners of the District of Columbia shall 
approve, aud for the btiildiug of a hi->spital, according to plans to be ap- 
proved by the Commissioners of the District of Columbia, for the treat- 
ment of persons sttffering from contagious and infectious diseases, and that 
the title to said property shall vest in the United States. 

Mr. ALLISON. Does the Senator provide that this sum shall 
be paid from the funds of the District? 

Mr. McMillan. I suppose the amount will be paid one-half 
from the funds of the District and one-half from the funds of the 
^United States. The land is to belong to the United States, ac- 
•ding to the amendment. 

Mr. ALLISON. How is it to be purchased by the United 
Sftites? 

Mr. McMillan. As every purchase is made, one-half by 
the District of Columbia and one-half by the United States. 

Mr. President, we have a number of hospitals in the District 
of Columbia, but we have not a place where in case of parsons 
being attacked by a contagious disease, like typhoid fe\-er or 
diiihtheria, they can be cared for in a proper manner. It is only 
a short time since a case of that kind occurred. A young man 
was taken down with diphtheria. He was taken around to the 
different hospitals and was not admitted for the very good rea- 
son that they were not prepai-ed to isalate a case of that kind. 
If such a case had been taken into one of the hospitals here, 
there is no doubt that it might have infected the other patients. 

We have had the need for such a building here for a long 
time, but there has been great difficulty in getting- the proper 
kind of jiroperty upon which to place it. Property-owners object 
to having a hospital of this kind placed upon land adjoining their 
property. A piece of ground has been obtained, or can be obtained 
subject, of course, to the approval of the Commissioners of the 
District of Columbia, for this purpose. A number of ladies and 
gentlemen in the District of Columbia have formed themselves 



1892. 



CONGRESSIONAL RECORD— SENATE. 



(ill7 



into an association for the purpose of taking- care of this hos- 
pital. Their names are familiar to almost all of us. Miss Mor- 
ton is one of the ladies, and amongthe others are Miss Hopkins, 
Mrs. Hobsou, ^Ir. James Lowdens, Mr. Reginald Fendall, Mrs. 
Hoeke, Mr. Archibald Hopkins, and Mr. Sidney Evart. 

These ladies and gentlemen have undertaken to form thcm- 

r^ selves into an association for the purpose of caring for persons 

- afflicted with contagious diseases, and there is great need for it 

in this District in case of an epidemic of diphtheria or scai-let 

fever or similar diseases. We have a pesthouse here for cases 

of smallpox, but not for such diseases as scarlet fever, diphtheria, 

I and other contagious and infectious diseases. 

Th3 amendment is reported by the proper standing commit- 
tee of the Senate, and I hope the chairman of the Committee 
on Appropriations will not object to it. 

Mr. ALLISON. If the Senator will consent to insert the 
amendment on page 2, after line 9, I shall not object. 

Mr. MCMILLAN. Very well. I will allow that alteration to 
be made. 

The VICE-PRESIDENT,, The question is on the amendment 
of the Senator from Michigan [Mr. McMillan] to be inserted 
on page 52, after line 9. 

The amendment was agreed to. 

Mr. HARRIS. I offer an amendment, which was reported by 
the Committee on Fisheries and referred to the Committee on 
Appropriations on the 7th of this month, to which I hope there 
will be no objection. 

The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. On jiage 37, after line 25, it is proposed to 
insert: 

Fish hatchery in Tennessee : For Investigation and report respecting the 
advisability of establishing a fish-hatching station at some suitable point in 
the State of Tennessee, $1,009, or so much thereof as may be necessary. 

The amendment was agreed to. 

Mr. JONES of Arkansas. I offer the amendment which I send 
to the desk, to be inserted after the words "Attorney-General," 
at the end of line 18, on page 80. 

The VICE-PRESIDENT. The amendment will he stated. 

The Secretary. On page 80, after lino 18, it is proposed to 
insert: 

Army and Naval Hospital: For the Improvement and maintenance of 
grounds about the Army and Naval Hospital at Hot Springs, Ark., $7,960.60. 

The amendment was agreed to. 

Mr. M ANDERSON. I offer an amendment to come in on page 
86, after line 15. 

The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. In the clause making appropriations for 
"Publication of Official Records of the War of the Rebellion," 
on page 86, line 15, after the date "1880," it is proposed to in- 
sert: 

The printing and binding of 600 copies thereof, for the personal use of Sen- 
ators, Mfiuljers, and Delegates of the Fifty-second Congress, to be printed 
and bound under the direction ot the Joint Committee on Printing. 

Mr. M ANDERSON. This makes no increase in the amount of 
the appropriation fixed in the bill for continuing the publica- 
tion of the Official Records of the Union and Codfederate Armies. 

It will be remembered that the Forty-seventh Congress, by an 
act passed by it, monopolized the distribution of allot these Rec- 
ords uf the Rebellion. This proposition is that one set of the en- 
tire publication shall be published for the use of the members of 
the Fifty-second Congress, to be printed and bound in such form 
as may bo prescribed by the Joint Committee on Printing. 

There will bs, I understand, about eighty volumes of the Rec- 
ords of the Rebellion. I think that this reprinting and rebind- 
ing will hi at a cost of perhaps 50 cents a volume, as the whole 
matter is electrotyped, even printing it on a little better paper 
than that which is now used for the Records of the Rebellion, 
and the entire cost for each member of Congress will be about 
$40, so that the $3,000 of this very liberal appropriation of $2,35,- 
000 will give to each member of the present Congess one set of 
this very valuable publication. I hope there may ba no objec- 
tion to the amendment. 

The VICE-PRESIDENT. The question is on the amendment. 

The amendment was agreed to. 

Mr. VEST. On page 120, after the word " Departments," in 
line 20, I offer an amendment from the Committee on Public 
Buildings and Grounds. 

The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. On page 120, line 20, after the word " De- 
partments," it is proposed to insert: 

That to provide a .suilable site for a Government Printing Offlce of stich 
area as will not only admit of a plant equal to the present demands of the 
Government upon [the same, but of such progressive enlargement as the 
growth of the country shall impose, and the heeded storage and distribut- 
ing warehouses necessary to the economical and efilcient condTict of such es- 
tablishment and the more orderly and prompt distribution of public docu- 
ments, the Secretary of the Interior be, and he hereby is, empowered and 



directed to secure by negotiation the ptirchase of the south half of square 
673, containing about 313. S77 square feet, and bounded as follows: Two hun- 
dred and seventy-three and three-twelfilis feet, fronting on North Capitol 
street, along the same from the intersection of L street tlierewlth to what is 
called Pierce street; thence along Pierce street for 782,*, feet to First street: 
thence along the same for 273,^, feet to L street, and thence along the same 
to the point of beginning: Frovidcil, That the title thereto shall be approved 
by the Attorney-General of thoUnitel States, or falling to so secure such de- 
scribed prgj{>erty, he is hereby empowered and directed to ;icqulre the s.ame 
by condemnation proceedings, as providi-d in the act approved June il, 1890, 
to authorize the acquisition of ctrtaiu parcels of real est ;ite embraced in 
squ.are numbered 323, ot the city ot W:ishiiigton, "to provide an eligible site 
for a city post-oOlce," and he is h^n-liy empowered and direi;ted to expend 
for such purchase the money appropriai ed fn the stmiiry civil appropriation 
act, approved August 13, 1890, to provide ;iccommodailons for the liovern- 
ment Printing Offlce, or as much thereof as nnty be required; and such ad- 
ditional sum out of the Treasury, not otherwise iippropriated, noto-Koecding 
$•^,000, which m,ay be necessary to the consummation of such purchase or 
acquisition of the said property, and the Treasurer of the United Slates is 
hereby authorized ;md directed, upon the requisition of the said Secretary, 
to pay the purchase, or, into court, the condemnation price <jf such property. 

Mr. CALL. I ask the Senator from Missouri, as this amend- 
ment will probably provokecoiisiderablediscussion, to allow me 
to oft'er an amendment to the bill which will probably not elicit 
any opposition. 

Mr. VEST. I have no objection. 

Mr. CALL. The Senator from Missouri agrees that I may 
oft'er an amendment, which I send to the desk, to come in on the 
sixty-third i)ago, after the twelfth line. 

The VICE-PRESIDENT. The amendment moved by the Sen- 
ator from Florida will hi stated. 

The Secretary. On page 63, after the word "interest"' in 
line 12, it is proposed to insert: 

Provided, That no part of this sum of money sh;ill be used for the payment 
of the stirvey ot any lands embraced in a grant to a State when the" .State 
made no disposition of the grant within its lifetime, or where the perform- 
ance of the conditions of the grant to the State were not commenced before 
the time limited In the act lor its expiration; and no adjustment shall be 
made of land claimed under such gr.T.ntmg acts. 

Mr. DOLPH. Mr. President 

Mr. VEST. 1 am afraid that that amendment will lead to de- 
bate. 

Mr. DOLPH. It contains legislation which is out of order 
under the rules of the Senate. 

Mr. CALL. I hope the Senator from Oregon will not raise the 
point ot order against the amendment at this time. 

Mr. M ANDERSON. I rise to a parliamentary inquiry. What 
has become of the amendment proposed by the Senator from 
Missouri^ 

The VICE-PRESIDENT. The Senator from I^Iisscmri gave 
way to the Senator from Florida. 

Mr. VEST. I gave way with the understanding, on my part 
at least, that the amendment ot the Senator from Florida would 
lead to no debate. 

Mr. CALL. Yes, undoubtedly. I withdraw the amendment 
for the present. 

The VICE-PRESIDENT. The amendment is withdrawn. 
The question is on agreeing to the amendment of the Senator 
from Missouri [Mr. Vest]. 

Jlr. M ANDERSON. Mr. President, it may be that the amend- 
ment of the Senator from Missouri is subject to the point of or- 
der as being in the nature of general legislation upon this bill. 
I do not propose, however, to make the point of order myself, 
because I realize, as do many others, the great necessity that 
exists for a new Government Printing Office. This need haj 
been so great for many years that it has led to repeated ett'orts 
on the part of Congress to meet it. Time and again in this 
Chamber and in the other branch of Congress the attention of 
Congress has been called to the deplorable condition of affairs 
at the present Government Printing Office. It is a building that 
is disgi-aceful to this Government. It is not only obsolele in 
style; not up to the present methods of conducting business, but 
we have agreed, those of us who have debated the proposition, 
that it is dangerous to human life. 

This need was so generally recognized that over two years ago 
on the motion, as I recall it, of the Senatorfrom Maryland [Mr. 
Gorman], a member of the Committee on Printing, an amend- 
ment was placed upon the sundry civil appropriation bill appro- 
priating $250,000 for the purpose of purchasing a site for the 
erection of a new Government Printing OlKbe. While that 
amendment was under discussion here, not only were the needs 
and necessities made prominent because of that which I have 
stated, but it was sug-gested that speed was i-equired for a proper 
economical administration of affair.-?. We seemed all of us to 
agree not only that a new Printing Office was necessary, but that 
it should receive a location that would be in the interests of a 
proper economy: that above all things it should hi where a rail- 
road should reach it, so that we could dispense with th? large 
amount of money that is yearly squandered in the tt'ansporting 
of material by wagons; that the crude material to be t;sed in this 



6118 



C0NG11E8SI0NAL EECOKD— SENATE. 



July 13, 



<Treatliive of industry could ba carried in by rail, and the out- 
put ot the e.-itablishment placed upon the cars, mail cars and 
others, that could distribute it to those who were entitled to re- 
ceive it. This want thus recognized led to the legislation upon 
that appropriation bill by which $250,000 was appropriated for 
the purchase of a site. 

I recall the fact, as others will recall the fact, that it was be- 
cause of the protests made by the Senate Committee on Printing 
that that legislative committee was not charged v.-ith the re- 
sponsibility and duty of the selection of the site; but in that bill 
the Secretary of the Treasury, then Mr. Windom, the Pulilic 
Printer, Mr. Palmer, and the Architect of the Capitol, Mr. 
Clark, were charged with the duty of making the selection. 
These gentlemen performed that duty, and assuming the respon- 
sibility, not sought by them but forced upon them by the action 
of Congress, made advertisement. In exercise of that, which I 
think was a judicious and proper discretion, they limited the 
area upon which the Public Printing Office should be located. 
They received bids and they opened them. They decided upon 
a piece of property most admir.ibly fitted in point of area, 
in point of location, and in point of all sorts of adaptability for 
this purpose. 

There came, however, after they made their rejiort, as I r.v 
call it now, a proposition to suspend further action: and the Com- 
mittee on Printing of the Senate, by a resolution of the Senato, 
was charged, on the motion of the Senator from Pennsylvania 
[Mr. Cameron], with the duty of making inquiry as to whether 
these three high and trusted officials had faithfully and well per- 
formed their duty. It was charged upon the floor of the Senate 
that they had selected a site entirely unfitted for the purpose for 
which it was proposed to purchase it; that it did not give the 
opportunity for foundation or footing for the building that was 
absolutely necessary for a building that should be of the char- 
acter the new Government Printing Office should be, with its 
gi-eat machinery and its warehouses filled with that heaviest of 
material, books and paper. There was an arraignment by that 
resolution of this commission, and an indirect charge by the res- 
olution that they had failed in the performance of their duty. 

Under that resolution the Committee on Printing of the Sen- 
ate held meeting after meeting and took testimony in very large 
quantity. I have hei-e the pamphlet which contains that testi- 
mony. It is a I'eport made in the second session of the Fifty-first 
Congress and numbered 2404, made on the 2Gth of February. 1891. 
It is very full and e.xhaustive on the subject. 

A majority of the committee reported that this site was in 
every way desirable for the Government Printing Office; that 
the charges made against it that it could not afford proper foot- 
ing for the buildings and would give an unsafe foundation were 
not true in fact. The testimony of the best experts who could 
be obtained was taken by the committee. The Architect of the 
Capitol himself testified as to its fitness. Tlio superintendent of 
construction or inspector of buildings of the District of Colum- 
bia testified as to the fitness of the site. They made, as I recall 
it now, twelve or thirtesn exploring wells, digging down to the 
original earth for the purpose of investigating as to the fitness of 
the ground for foundation purposes. Testifying from the evi- 
dence of these wells the builders, the architects of this city, de- 
clared that the attack upon the site was unwarranted and un- 
merited. 

But the resolution and the exploration made under it accom- 
plished the purpose. I make the charge that that exploration 
and that delay were in the interest of those who desired that 
another piece of land other than this should Ije purchased by the 
Government under the appropriation. The end was i-eached. 
At that session of Congress when this report was made there was 
in an appropriation bill a suspension of the appropriation of a 
quarter of a million dollars for the site, and there the matter 
was left. 

Now, mark it, Mr. President, there was no effort on the part 
of the Committee on Printing of either House of Congress to 
assume the responsibility of the selection of the site. No mem- 
ber of the committee wanted that duty, but shrank from it and 
protested against it when the effort was made to throw that duty 
upon the committee. 

But in the early days of the ]jresent session, on the 'Jth day of 
March, 1892, on a resolution introduced by the Senator from 
Illinois [Mr. Cullom], the Committee on Printing of the two 
Houses by a simple Senate resolution was charged with the duty 
of exploring- for a site. Here is the resolution as it finally passed. 
The resolution passed the Senate, and the next day, as the Sen- 
ator from Illinois will i-ecall, upon my motion the vote by which 
it was adopted was I'econsidered because a simple resolution of 
the Senate could not charge the .loint Committee on Printing 
with a duty of this character, and it would require the concur- 
rent action of the two Houses. Thereupon the next day after 
the passage of the simple resolution I referred to, a concurrent 



resolution passed the Senate and finally passed the House of 
Representatives, and this it was: 

That, ill pursuance of Llie legtslatlou heretofore taken lor tiic acquisition 
ot a Mui table .site lor a Govei-nment Printing Office, the Commilteo on Print- 
ing, acting jointly with the Housa committee, be, and the .same .ire hereby, 
empowcri'^l antl instructetl to ascertain the most suitable slti; for that piir- 
Iiose (in the Uistrlct), looking to the future grovi-lh of the country and tlie 
growing demands upon the printing e.stal^lishment, ascertain the fair value 
of the same, and make report of .such investigation and result. 

Acting under this duty imposed upon the joint committee by 
Congress, the joint committee hold repeated sessions. They at 
last decided upon the character of advertisement that should 
be made, and in due course advertised in the Washington Star 
and in the Washington Post, threj times in each newspaper, 
reciting the action of Congress and advertising that " the .Joint 
Committee on Printing will receive sealed proposals until II 
o'clock a. m.,. Monday, April 2.5, 1892, for the purcliase of a siti 
for a new (iovernment Printing Otfice; said site to be not less 
than 109,000 nor more than 250,000 .square feet, to be located 
within the District of Columbia, convenient of access to a rail- 
road, and in compact form. Each proposal will state the location 
of the ground, the number of square feet offered, th-e price p^r 
square foot, and the names and residences of the owner Oc- owners. 
Proposals mi! st be indorsed, • Forahitcfcr the Government Print- 
ing Office,' " and directed as follows. 

The day came when the proposals v,rere to be opjned, the 2">th 
day of Api-il, and th;-re were received in proper form, sealed an i 
duly indorsed, thirteen different pi-opo^alsof sites. After thi- 
dayfor theoponingof the bids other parties, who had notseen the 
advertis3u:eut, came with other propositions of sites, and all of 
them were received and considered by the Joint Committse on 
Printing. 

Now, Mr. President, let me shov,r what some of these sites 
were. 

Mr. A. M. DeweyolVered todonate 250,000 squarofeetof ground 
at Lang'don, 3 miles from the Capitol. 

Mr. .lohn Paul Jones offered 148.555.25 square feet of ground 
I mile north of the Capitol in West Eckington at SI per square 
foot. 

Weller & Rapetti offci-ed 105,:'21 square feet within 1 mile of 
the Capitol grounds, one-fourth of a mile fromtlie Peut:.sylvania 
Central track, for 75 cents per square foot. 

Mr. E. Kurtz Johnson offered for himself and O. G. Staples 
lO'i, 222.52 square feet near the Metropolitan Branch of the Bal- 
timore and Ohio Railroad, at $1 par squai-e foot. 

J. H. Gray & Co. oft'ered 120,090 square feet at West Ecking- 
ton, at a price to be fixed by appraisement. 

George H. Ray offered a site, as much land as might b3 needed , 
at $1,300 per acre, situated on the Baltimore and Ohio Riilroad, 
seven minutes' walk from Stool's Station, or Brightwood, the 
nime of the site being Petworth. 

William Mahone and R. S. Windsor, joint ov.'iiers, oft'ered 
137,0901 square feet of the south half of square No. 073, at $1.30 
per square foot; or the entire south lialf of the square, contain- 
ing 213,722 .square feet, at 81.35 per square foot, or the sum oi 
$288,.592.20; or ''the owners are willmg," they state, "that the 
price may be fixed by the committee or determined by a com- 
mission of condemnation;" the land being situated on the Metro- 
politan Branch of the Baltimore and Ohio Railroad. 

Now, I depart for a moment from reading this list of land that 
was oft'ered to the joint committee to saj' that this is the land 
that it is now proposed to purchase for the Government Print- 
ing Otfice site. In other words, this competitor or these com- 
petitors now come in to forestall the decision of the Joint Com- 
mittee on Printing ot the two Hous3s, to wrest fi-om that 
committee the performance of this duty with whicli they are 
charged, to put to one side the others who came with them under 
sealed proposals and made their bids,and they ask Congress to 
purchase this piece of ground. Not only that 

Mr. VEST. May I ask the Senator a question'? 

Mr. MANDERSON. Certainly. 

Mr. VEST. Is it or is it not true that the Committee on Print- 
ing, through the Senator from Nebraska, has oft'ered an amend- 
ment to this bill for the purchase of another one of these com- 
peting tracts'? 

Mr. MANDERSON. Not at all. That is not the fact. 

Mr. VEST. I know an amendment has come from the Com- 
mittee on Printing-. 

Mr. MANDERSON. Yes, sir; there is an amendment which 
came from the Committee on Printing, that I propose to offer as 
a substitute for the amendment proposed by the Senator from 
Missouri. 

Mr. VEST. What is the character of that amendment? 

Mr. MANDERSON. That amendment is to resurrect or make 
available the $250,000 that now lies dormant in the Treasury, sus- 
pended in the air, that the Joint Committee on Printing may 
perform its duty and use that money for the selection of the site 



1892. 



CONGRESSIONAL RECORD— SENATE. 



6153 



illustrations are substantially the same. If that is a year's con- 
tribution by Prof. lilarsh as an employ^ of the Geological Sur- 
vey, it is a very meager contributio'n, because it might have 
been prepared in a very short time from the originals. I under- 
stand that he is one of the scientists carried on the rolls at the 
rate of $4,000 a year. I do not know whether he did any other 
work in that year or not. I have not been able to ascertain as to 
that. I wish he had stated in his communication whether or 
not it was only a part of his work, and whether he did anything 
else to earn the $4,000. Then his explanation would be com- 
plete. He has not, however, stated what compensation he got 
for this reproduction of a former volume, and I shall wait tor 
further explanations as to whether he did anything more than 
reproduce 40 pages of a former publication. 

Mr. HAWLEY. After Prof. Marsh gets an opportunity to 
reply, if he sees fit to do so, then the Senator may have some- 
thing more. Prof. Marsh is a gentleman and everybody knows it. 

:Mr. PLATT. I can hardly think that the Senator from Ne- 
vada [Mr. Stewart] wishes to do Prof. Marsh any injustice. 
The Senator from Nevada, especially when he is not engaged in 
an attack on the Geological Survey, is a just man and does not 
desire to do anj'one an injustice. 

The truth about Prof. Marsh is that he was not in the employ 
of the Geological Survey at that time. 

Mr. STEWART. When he produced the second book? 

Mr. PLATT. When he pi-oduced either the first or the sec- 
ond book. 

Mr. STEWART. He does not so state in his communication. 

Mr. PLATT. That is the truth. 

Mr. STEWART. I hope that is correct. He did not so state. 

Mr. PLATT. When this charge was made the other day I 
telephoned to the Director of the Geological Survey and asked 
him what the explanation was. I have received from him a let- 
ter, which perhaps oug'ht to be read in connection with this dis- 
cussion. It shows, as I understand it, that Prof. Marsh received 
no pay from the Government either for the work done in col- 
lecting the materials which went in the first book or for any 
work done during the year in which the second paper was pub- 
lished. The matter is all explained in Prof. Marsh's letter to 
the Senator from Nevada, which has been read, and in this let- 
ter from the Director of the Geological Survey, which I ask to 

The PRESIDING OFFICER. The letter referred to will be 
read: 
' The Secretary read as follows: 

Department of the Interior, 
United States Geological Survey. 

Washinrjtoa, D. C, July 11, 1892. 

Sir: In reply to your request, by telephonic message, to be lurnished with 
the tacts In relation toalleged duplicationol certain publications in theGeo- 
logical Survey. I have the honor to make the following statement: 

in 1880 a volume was published on the Odoutoruithes, as one of the report.s 
of the Fortieth Parallel Survey, in charge of Clarence King, It is a large 
quarto volume, with a great many plates to illustrate the text. The report 
Is exceedingly technical and of great value to science, and was prepared by 
Prof. O. C. Marsh, from fossils collected by himself and not at the expense o"f 
the Government; but the report of these fossils was of great importance to 
the Fortieth Parallel Survey, as the fossils were found in certain rocks map- 
ped by that survey. In 1881 Prof. Marsh informed me that he haddiscovered 
some additional evidence on the subject, and had reached some important 
conclusions therefrom which ought to be published: that this additional 
matter would not require extensive publication, but that in order to be 
imderstood a rfsumS of some portions of the earlier work ought to go with 
the statements derived from the new material. The rocks in which these 
fossils are found are widely spread throughout the Rocky Motmtain region, 
and the Geological Survey Is engaged in mapping them and making geo- 
logical sections of the same, and the new material would manifestly be valu- 
able to theworkof thesurvey. I therefore requested Prof. Marsh to prepare 
an additional paper on this subject, making the necessaiy riSsumfi. which he 
did. and the new paper was published by the Geological Siurvey in the an- 
nual report for I881-'8i', 

This new paper, which is in part a resumfi of certain portions of the large 
volume published by the King stirvey, with additional matter, makes a pa- 
per of 44 pages. The original volume published by King was illustrated at 
the expense of Prof. Marsh. The Government did not pay for the work of 
field investigation, the Government did not pay a salary to Prof. Marsh for 
writing the report, and the Government did not pay for the illustrations, but 
paid only for paper and printing. Doubtless Mr. King availed himself of 
this material for the purpose of economizing in his work, as he thus saved 
the expense of employing men to do the work; so that altogether it was 
highly advantageous to the Government. 

In the same manner, in the short paper published by the Geological Sur- 
vey, Prof, Marsh made the investigations without pay from the Government, 
WTOte the report without pay from the Government, and furnished the illus- 
trations without exijense to the Government; so that the publication cost 
the Government only the sum necessary to pay for printing and paper. Prof. 
Marsh desired to deHnitely connect this new work with the old, and in mak- 
ing the r^sumg he took pains to quote the language verbatim when possible, 
and thus color is given to the statement that it is a republication. 

The publication of this small paper of 44 pages by theGeologlcal Survey is 
In no sense a duplication of the first work, except in so far as it contains a 
resunifi of certain material published in the first volume which was needed 
to explain the new material. 

I am, with great respect, your obedient servant, 

J. W. POWELL, Director. 

Hon. O. H. Platt, 

United States Senate. 



Mr. CALL. I think it is scarcely fair to the Senate, aX\...:v we 
discussed this question a few days ago and by a decided vote of 
the Senate determined that it was not proper at this time to in- 
terfere with the amendment and with the action of the Commit- 
tee on Appropriations in regard to this Survey, now to attempt 
to do it again. 

If we analyze the propositions which have been made here, 
they amount to nothing more than that this investigation is 
either worthless or that it is conducted improperly, that these 
are incapable men, and that the favorable opinion of them is ob- 
tained by the use of patronage. 

Mr. President, in regard to the question of whether scientific 
investigation is of any value or not, it would seem that this is not 
a subject which ought to be brought to our consideration at this 
time. The world is too full of all the practical triumphs of ap- 
plied science. We see it every day in the new motors, in the 
application of electricity to its thousand uses, and in the discov- 
ery of new motive powers. In this connection I wish again to 
taring to the attention of this body the statement of the great 
investigator and founder of the schools of investigation in nat- 
ural science. Lord Bacon, who, in his work in the Instauratio 
Magna, says: 

Man, the servant and interpreter of nature, does and understands so far as 
he may have observed respecting the order of nature in things or in his 
mind, and further he has neither knowledge or power. 

Truth is the da\ighter of time, not of authority. No wonder that these 
spells, authority, traditions have so bewildered men that they have not dared 
to hold direct intercourse with things. 

It would indeed Ije disgraceful to mankind if after svich parts of the mate- 
rial world had been laid open which were unknown 'in former times, so many 
seas traversed, so many countries explored, so many new stars discovered, 
philosophy or the intelligible world should be circumscribed by the same 
boimdarles as before. 

It is manifest that the human understanding creates itself much trouble, 
nor makes an apt and sober use of such aids as are within the command of 
man. from whence infinite ignorance of things and innumerable dis:tdvan- 
tages arise. * « * With all our industry we should endeavor if haply this 
same commerce of mind and of things (than which a greater blessing can 
hardly be found upon earth, at least among earthly felicities), might by any 
means be entirely restored, or if they might at least be brought to terms of 
nearer correspondence. 

Mr. President, that is the foundation of all the schools of nat- 
ural science. It has been accepted by the intelligence of the 
world and its fruits have been produced. How are we to say 
liere and now upon this arraignment of one or two Senators, in 
defiance of the report of repeated committees of these two bodies, 
that this investigation is carried on improperly and ignorantly? 
What evidence is there of that? Every item in this appropria- 
tion is examined as carefully as every other appropriation by the 
proper Department of this Government, and there has never been 
any complaint the truth of which has been established that there 
was any misappropriation or unwise use of these funds. 

I insist that it is neither fair to the Committee on Appropria- 
tions, who have examined carefully this subject, nor to the Di- 
rector ot theGeologlcal Survey that we should pass judgment 
upon him upon these charges withoutsome evidence. The com- 
mittee have examined these items and have approved them. 

The PRESIDING OFFICER. The question is on the amend- 
ment offered by the Senator from Colorado [Mr. Wolcott]. 

Mr. STEWART. This Survey has grown up and gone on by 
items in appropriation bills, and the duties and number of its of- 
ficers have never been defined. It is running on, so to .sp^ak. 
without much knowledge on the part of anybody. We have been 
promised for many years that it would be overhauled and that 
we should get some change. If we are going to have a Geologi- 
cal Survey, wo ought to have it regulated by law. That has not 
been done. It is too big a job. It runs on to the end of a ses- 
sion and then when it is proposed to regulate it the excuse is al- 
ways made that there is not time enough to look into it just now, 
but that hereafter it will be examined into. 

I think it would be well to limit it a little in the amount of its 
appropriation as we do other branches of the Government. That 
course may develop investigation. L^t us see if we can not econo- 
mize a little in the amount. No great harm will result from 
that. By suspending a part of this service we may bo able to 
develop what it is and get a view of it, and if we can get it within 
the bounds of the law great good will have been accomplished. 

I cordially support and shall vota for the amendment of the 
Senator from Colorado. I hope it will prevail. It will certainly 
do no harm, and may lead to such laws as will regulate this 
Bureau as other bureaus are regulated. 

Mr. ALLISON. I desire to call the attention of the Chair to 
Rule VIII, which I hope will be enforced hereafter. 

I think we understand the question in relation to the Geologi- 
cal Survey well enough now to vote upon it, and all I aslc is a 
vote. 

The PRESI DING OFFICER. The question is on the amend- 
ment of the Senator from Colorado. 

Mr. STEWART. I call for the yeas and nays. 



6154 



CONGRESSIONAL EECORD— SENATE. 



July 14, 



The veas and nays were ordered. 

Mr C A.LL Let us understand the question exactly. 

The PRESIDING OFFICER. The question is on the amend- 



EacVt~of the Senator from Colorado [Mr. Wolcott] to strike out, 
on page 66, lino Ki, "$5612,400" and insert "$400,001)." 
The Secretary proceeded to call the roll. 



Mr. WALTHALL (when Mr. DixON's name was called). Tlie 
Senator from Rhode'lsland [Mr. Dixon] is paired with the Sen- 
ator from Georgia [Mr. Gordon]. 

Ui: GALLINGER (when his name was called). I have been 
paired with the junior Senator from Texas [Mr. Mills], but I 
have authority to pair that Senator with the Senator from Colo- 
rado [Mr. Teller], and I vote " yea." 

]Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. Morrill]. I should vote "yea" 
if not paired. . 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. C.-vsey]. 

Mr. TURPIE (when his name was called). I am paired with 
the Senator from Minnesota [Mr. Davis]. It he were present I 
shovdd vote "yea." 

The roll call was concluded. 

Mr. BUTLER. Is the Senator from Pennsylvania [Mr. Cam- 
eron] recorded as voting? 

The PRESIDING OFFICER. He is not recorded. 

Mr. BUTLER. I am paired with that Senator, and withhold 
my vote. , . ^^, 

Mr. CARLISLE. Has the the senior Senator from Ohio [Mr. 
Sherman! voted? 

The PRESIDING OFFICER. He has not voted. 

Mr. CARLISLE. I am i^aired with that Senator, and with- 
hold my vote. 

Mr. BUTLER. I am informed that the Senator from Penn- 
sylvania [Mr. Cameron], with whom I am paired, if present 
would vote "yea" on this question. I therefore vote "yea." 

Mr. PUGH. I desire to state that my colleague [Mr. Mor- 
gan] is paired with the Senator from Massachusetts [Mr. Dawes]. 

Mr. GEORGE (after having voted in the negative). Has the 
Senator from Oregon [Mr. Dolph] voted? 

The PRESIDING OFFICER. He has not voted. 

Mr. GEORGE. Then I withdraw my vote, as I am paired with 
him. 

Mr. McMillan. I am paired with the Senator from North 
Carolina [Mr. Vance], but on this question I am liberty to vote, 
and I vote "nay." 

Mr. HIGGINS. I am paired with the senior Senator from 
New Jersey [Mr. McPherson]. In his absence, I withhold my 
vote. 

Mr. HARRIS. The Senator from Delaware [Mr. HiGGlNS] 
has announced a pair with the Senator from New Jersey [Mr. 
McPherson]. If it is agreeable to the Senator, we will trans- 
fer our pairs. I am paired with the Senator from Vermont [Mr. 
Morrill]. 

Mr. HIGGINS. I am content. 

Mr. HARRIS. I transfer my pair, so that the Senator from 
New Jersey [Mr. McPherson] will stand paired with the Sen- 
ator from Vermont [Mr. Morrill]. I vote "yea." 

Mr. HIGGINS. I vote "nay." 

The result was announced — yeas 24, nays 28; as follows: 

YEAS-21. 



Allen, 




Daniel, 


Hausbrough, 


Quay, 


Berry, 




Felton, 


Han-is, 


.Stewart, 


Butler, 




Gallinger, 


Kyle, 


Vest, 


Oarcv, 


- 


Gibson, La. 


I»e£fer, 


Walthall, 


Chandler, 


X 


Gray, 


Pettisrcw, 


White, 


CoI;c. 




Hale. 


Power, 
NAYS-28. 


Wolcott, 


Aldrich. 




Dubois. 


Irby, 


Piatt, 


Allison, 


<32 


Faullcner, 


Jones, Ark. 


Pugh, 


Bale, 


O) 


Frye, 


Kenna, 


Sanders, 


Blacljburn 


CO 


Hawley, 


McMillan. 


Sa^vyer, 


Call. 


. . 


Higgins, 


Mauderson, 


.Squire, 


Cockrell, 


o 


Hiscock, 


Paddock. 


Stockbridge 


CuUom, 


O) 


Hunton, 


Palmer, 


WaiTcn. 




Iq" 


NOT VOTING— 30. 




Bloilgett, 


=5 


Dolph, 


Mills, 


Shoup, 


Brlce. 


CO 


George, 


Mitchell, 


Stanford, 


Cameron, 


c_ 


Gibson, Md. 


Morgan, 


Teller, 


Carlisle, 


O 


Gordon, 


Morrill, 


Turpie, 


Ca.sev. 


u_ 


Gorman, 


Pasco, 


Vance, 


Colouitt, 




Hill, 


Perkins, 


Voorhees, 


Davis, 




Hoar, 


Proctor, 


Vilas, 


Dawes, 




Jones, Nev. 


Ransom, 


Washburn, 


Dixou. 




McPherson, 


Sherman, 


Wilson. 



So the amendment was rejected. 

Mr. MANDERSON. I oii'er an amendment to the bill, which 
I send to the desk. 
The PRESIDING OFFICER. The amendment will be stated. 
The Secretary. On page 67, in lino 5, after the date "1893," 



it is proposed to strike out "and until the completion of said 
work," and in line 7, after the word "act," to insert: 

And for the printing not to exceed the usual number of any ajiiiti'>nal re- 
ports, the copy of which may be ready for the Public Printer l>efore the ist. 
day of January, 1893, 

Mr. MANDERSON. The design of this amendment is to make 
available the appropriation of $250,000 made in the act of March 
3, 1.S91 , for printing the final reports of the Eleventh Cens'-'.s, and 
adding to the specilic works which are mentioned in that act any 
other reports which may be ready for publication before the 1st 
day of January, 1803. 

This amendment is reached by consultation between the two 
Committees on the Eleventh Census and on Printing and seems 
to be what is desired by the Census Olfice. 

The PRESIDING OFFICEK. The question is on the amend- 
ment offered by the Senator from Nebraska. 

The amendment was agreed to. 

Mr. SANDERS. On page 65, line 19, after the word "meri- 
dian," I move to strike out the words "in the States of North 
Dakota, South Dakota, Nebraska, Kansas, and the Territory of 
Oklahoma." 

The PRESIDENT pro tem2)ore. The amendment will be statsd. 

The Secret.ary. On page G5, line 19, after the word "meri- 
dian," it is proposed to strike out: 

In the States of North Dakota. South Dakota, Nebraska, Kansas, ani the 
Territory of Oklahoma. 

Mr. SANDERS. I should like to inquire if there is any otlier 
amendment to this particidar part of the bill? 

The PRESIDENT pro tempore. An amendment has bsen in- 
serted. 

Mr. PERKINS. An amendment has be;ai adopted providing 
that at least one-half of what remains shall te used west of the 
one liundred and third meridian. 

Mr. ALLISON. That will not affect the amendment of the 
Senator from Montana, as I understand it. He proposes to strike 
out the words which have b3en read, so that this apijropriati.r>T-i, 
I take it, will be west of the ninety-seventh meridian, wherever 
that meridian may ]ie. 

The PRESIDENT pro tempore. The question is on the amend- 
ment of the Senator from Montana [Mr. Sanders]. 

Th^ amendment was agreed to. 

Mr. CAREY. I move to strike out all after line 12, on page 
64, all of page 65, and down to lino 18, on page 6li, and to insert 
in lieu thereof what I send to the desk: 

I will suggest that the amendment I propose is a sliding scale 
to this whole division. If Senators will listen to the reading of 
the substitute and follow the print of the bill they will see just 
where the reduction comes under each particular item, 

Mr, ALLISON. Let the substitute bf^ reported. 

The PRESIDENT pro tempore. The projwsed amendment will 
bs stated. The lines proposed to be stricken out will first be 
read, and then the lines proposed to be inserted will be read. 

Mr'. ALLISON. It is unnecessary to read all the words co:i- 
tained on pages 64, 65, and 66. They are well understood. 

The PRESIDENT vro tempore. The amendment will be stated. 

The Secretary. It is propasod to strike out all of page 64 
after line 12, all of page 65, and from line 1 to 18, inclusive, on 
page 66, and in lieu thereof to insert: 

r-or salaries of thescientiflc a.sslstants of the Geological Survey. For two 
gcoi'igi.^ts, at S4.0!'0 each. 

Fov'one geologist, at *3.00O. 

For one geologist, $S.iO0. 

For two paleontoloslsts, at .E.OOO each. 

For one chemist, $3,0(X). 

For one chief geographer, $2,700. 

For one geogi-aphcr. at ?3,500. 

For two topographers, a,t K,000 each. 

For general exjienses of the Geological Survey: For the Geological Sur- 
vey, and the classUlcation of the public lands, and examination of the geo- 
logical structure, mineral resources, and the products of the national do- 
main, and to continue the prep.aration of a geological map of the United 
Statoi, including the pay of temporary employes in the field and office, and 
all other necessary expenses, to be expended under tiie direction of the Sec- 
retarv of the Interior, namely: 

For pay of skilled Laborers and varior.s tiemporary employes. 810.000: 

For topographic surveys iu vjirlous porti.msof the United States, J'>M.ft»; 
$60,000 of which shall be expended west of the ninety-seventh meridian in the 
Statesof North Dakota. South Dakota. Nebraska. Kansas, and t'ae Territory 
of Oklahoma, and at le:ist oue-half of the remainder shall be expanded west 
of the one hundred and third meridian. 

For geological surveys in the various portions of the United States, 350,000. 

For paleoiatologlc researches rel.ating to the geology of the Unii-ed States, 
$10,000. 

For chemical and physical researches relating to the geology of the United 
States, $5,000. 

For the preparation of the illustrations of the geological survey, |B,0(V). 

For the preparation of the report on the mineral resources of the United 
States. $10,000. 

For the purchase of necessary books for the library, and the payment for 
the transmission of public documents through the Smithsonian exchange, 
$2,000. 

For engraving the geolosrical maps of the United States, $10,030. 

For rent of office rooms in Washington, D. C, $4,200. 
Iu all, tor the United States Geological Survey . 

The PRESIDENT jjro (en)j50)-e. The Secretary has reported 



1892. 



00NGKE8SI0NAL RECORD— SENATE. 



6191 



Vessels of the new Xavijiii commission, e^c— Coutinued. 



Guns' 



Offl- 



CliASS 2. — Armored cruisers. 

Number of vessels, 3 : 

Maine -. -.- 

New York, aud vessel of New York type un- 
der the bill of 1893 

Class Z.—Hams. 



NuraVjer of vessels, 1 

No. 1 harbor-defense ram. 



Class t.— Armored battle ships. 



Number of vessels, 5 

Texas. - 

Massachusetts — 

Indiana — 

Oregon 

The vessel authorized by the bill for 1893. 

Class b.— Protected cruisers. 

Number of v^essels, 13 — 

Chicago 

13oston 

Atlanta 

Newark .":. 

Charleston - 

Baltimore 

San Francisco 

Philadelphia 

Cruiser No. G. 

Cincinnati 

Raleigh 

Cruisers 12 and 13 



Class 6. — Cruisers. 



Number of vessels. 3 

Cruisers 9. 10. and 11 . 



Class 7.— Gunboats. 



Number of vessels, 6. 

Yorktown 

Concord , 

Bennington 

Petrel 

No.5 

No.O 



CL-iss S.— Special class. 



Nujnber of vessels. 5 

Dolphin 

Bancroft 

Vesuvius 

Dynamite cruiser No. 
Torpedo cruiser 



Class S.— Torpedo boats. 



Number of vessels, 3 . . 

Stiletto 

Gushing 

Torpedo boat No. 2 . 

Total vessels, 45... 



46 



30 



38 



GO 



108 



2CG 



Sea- Ma- 
men, rines. 



1,198 



84 



1,763 



3,78C 



651 



855 



36 440 



364 683 



116 



180 



450 



9,530 ,911 



These figures are only approximate. 

It will be seeu that we shall have 45 ships, with .36i guus. em- 
ployiag 083 officers. 9,500 seamen, aad 911 mavines. The situa- 
tiou then will te that with the 36i guns authorized, of which 
269 are alreadj' completod. there will remain to be constructed 
only 95 additional guns. The seamen required being 9,500 and 
there being now authorized by law 8,183, there will be required 
when these ships are finished an increase of 1,312 seamen. 

No increase whatever will be required in the number of naval 
officei-s. There are at present on the list 1,310 ofEcers. There 
will be required for this new fleet of 45 vessels only 683, leaving 
for shore duty and surplus force G-33 officers. 

On this showing. Jilr. President, assuming that all the old 
wooden vessels will soon go out of existence and that two years 
from now we shall have no vessels except the new ones already 
built or authorized by Congress, there will be a fleet constructed 
in ten years which will be the equal of any fleet of a similar 
general and diversified character that can be made up from any 
navy in the world. 

The PRESIDENT pro tempore. The question is on agreeing 
to the amendments of the House of Representatives, on the mo- 
tion of the Senator from Maine. 

The amendments were agreed to. 

Jlr. HALE. That vote passes the bill? 

The PRESIDENT pro tempore. It passes the bill. 
EXECUTIVE COMMUNICATION. 

The PRESIDENT jsro tempore laid before the Senate a com- 
munication from the Secretary of the Treasury transmitting, in 



further reply to a resolution of the 9th instant, a supplemental 
list of judgments rendered by the Court of Claims which requii-s 
an appropriation for their payment; which, vfith the accompa- 
nying papers, was referred to the Committee on Appropriations, 
and ordered to Ix; printed. 

SHIPMENT OF RU-M TO .\FRIC.A. 

The PRESIDENT pro tempore laid before the Senate the fol- 
lowing communication, which was read: 

Tbeasurv Df.pabthjent. Buhe.^u of Sr.lTlSTICS. 

)rashii>oton, D. C .July II, 189:!. 
Deab Sik: In reply to the resolution of the Senate of July IJ. referred to 
this office by the Secretarj' of the Troa'tu-y. I have the hoiior lo transmit 
hcre^rith a table showing the exports of domestic distilled sDirits from the 
United States to countries in Africa dm-ing t.'ie eleven months ending May 
31. 1S92. 

Returns have not yet been received troui the collectors of customs at, New 
York and Boston for June last. As soon as recslved a supplementary state- 
ment for that mouth will be forwarded to the Senate. 
Respectfully, youis, 

S. G. BROCK, Chlff of Burea-J. 
Hon. CHAr.LES P. M.4SDERS0S, PrcsiikM Of the Senate. 

The PRESIDENT pro tempore. This communication is in an- 
swer to a resolution introduced by the Senator from Ohio [Mr. 

SlIEIiJMAN]. 

Mr. SHERMAN. I caU attention to the fact that the commu- 
nication does not give the names of the exporters, which was the 
principal object I had in view. However, I will call the atten- 
tion of the Secret.ary of the Treasury informally to the omission. 

The PRESIDENT pro tempore. What disposition docs tho 
Senator desire made of the communication? 

Mr. SHERMAN. I move that it be referred to the Commit- 
tee on Finance, and printed. 

The motion was agreed to. 

PETITIONS AND MEMORIALS. 

The PRESIDENT pjvjp tempore presented petitions of the E.C. 
ISIurphy Association; of the Ninth Ward Democratic Association; 
of the David B. Hill Club, Seventh v^ard: of the Village Repub- 
lican Club, Twenty-first ward; of the U. S. Council No. 1; of the 
National Provident Union; of the Henrj' Grattan Association; 
of the Court Prudential, Order of American Forresters, No. 7504, 
and of the Harrison and Reid Battalion, Twenty-first ward, all of 
Brooklyn, N. Y., in regard to the imprisonment in England of 
Dr. Thomas Gallagher, and asking that steps be taken for his 
release: which were referred to the Committee on Foreign Re- 
lations. 

He also presented the ])etition of Thomas I. Hall, right 
worthy national grand supreme ruler. Order of Galileans, and 
2H other colored citizens of Baltimore, Md., praying that the ap- 
propriations for the World's Columbian Exposition bo withheld 
unless ample provision be made for the representation of the col- 
ored ]5eople"s interest at said Exposition: which was ordered to 
lie on the table. 

Mr. COCKRELL presented a petition of citizens of Wheeling, 
Mo., praying for the passage of legislation prohibiting the sale, 
manufacture, and importation of cigarettes in the United States; 
which was referred to the Committee on Epidemic Diseases. 

Mr. BATE presented the petition of Mrs. A. A. Gibson, sec- 
retary of the Woman's Christian Temperance Union, and sun- 
dry other citizens of Athens, Tenn., praying for the passage of 
legislation prohibiting the sale, manufacture, and importation 
of cigarettes in the United States; which was referred to the 
Committee on Epidemic Dis5a.ses. 

]Mr. WASHBURN presented resolutions adopted by the city 
council of Duluth and the Chamber of Commerce of Duluth, 
Minn., urging thj necessity of a wagon, foot, and street-car 
bridge between Rices Point, Duluth, and Connors Point, Supe- 
rior: which were referred to the Committee on Commerce. 

Mr. STOCKBRIDGE presented a memorial of 80 citizens of 
Jackson County, Mich., remonstrating against the commitment 
of the United States Government to a tmion of religion and the 
state by the passage of any legislation closing the World's Co- 
lumbian Exposition on Sunday: which was ordered to lie on the 
table. 

Mr. SAWYER presented the petition of Louis Elholin and over 
4O0 other members of the Danish Protestant churches of Racine, 
Wis., praying for the passage of legislation closing tlie World's 
Columbian Exposition on Sundaj'; which was ordered to lie on 
tho table. 

Nv. ALLISON pr.ssented a petition of tho Farmers' Alliance 
of Springdale, Iowa, praying for the passage of the Hatch anti- 
option bill; which was referred to the Committee on the .Judici- 
ai-y. 

He also presented a petition of 33 citizens of Belmond, Iowa, 
and a petition of 22 citizens of Land Spring, Iowa, praying for 
the passage of legislation prohibiting the sale, manufacture, and 
importation of cigarettes in the United States; which were re- 
ferred to tho Committee on Epidemic Diseases. 



6192 



CONGRESSIONAL RECORD— SENATE. 



July 15, 



He also presented a memorial of 3 members of the Seventh- 
Day Adventist Church, and G other' citizens of Shenandoah, Iowa, 
and a memorial of 30 citizens of Hawlej'sville, Iowa, remonstrat- 
ing- a^^ainst the commitment of the United States Government 
to a luiiou of religion and the state by the passage of any leg-is- 
lation closing- the World's Columbian Exposition on Sunday; 
which were ordered to lie on the table. 

REPORTS OF COMMITTEES. 

Mr. VEST. I am instructed by the Committee on the Judici- 
ary, to whom was referred the bill (H. R. 815.3) providiuji: -ivhen 
plaintiff may sue as a poor person and when counsL-l shall be as- 
sig-ned by the court, to rejjort it without amendmect. As soon 
as the jiending appropriation bill is disposed of I shall ask the 
Senate to take the bill up for consideration. 

The I'RESIDENT pro icnipon. The bill will be placed on 
the Calendar. 

Mr. WOLCOTT, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (S. 3211) to authorize the 
establishment of an academy and gallery of art in the District 
of Columbia, reported it with amendments. 

He also, from th:- same committee, to -^vhom was referred the 
bill (S. 1491) to establish a free public and departmental library 
and reading room, reported it with an amendment, and submitted 
a report thereon. 

Mr. McMillan, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (S. 3301) to incorporate 
lliu ^Potestant Episcopal Cathedral Foundation of the District 
of Columbia,re ported it v.-ithout amendment, and submitted a i-e- 
port thereon. 

He also, from the same committee, to whom was referred the 
bill (^ 2125) to authorize the construction of a bridge over the 
Anacostia River, in the District of Columbia, reported a<l- 
vcrsely thereon; and the bill was postponed indefinitely. 

He also, from the same committee, to whom was i-eferred the 
, bill (S. 1591) to amend the act entitled "An act for the further 

iliitl>' piijWJetion of property from fire and safety of lives in the Dis- 
trict of Columbia," approved January 2(i, 1887, reported ad- 
versely thereon; and the bill was postponed indefinitely. 

He also, from the same committee, to whom was referred the 
irjUilliy hill f-Sp"''!"'^) in relation to ways of egress and means of escape 
froufnre in certain buildings within the District of Columbia, 
reported adversely thereon; and the bill was postponed indefi- 
nitely. 

Mr. CAREY, from the Committee on Education and Labor, 
to whom was referred the amendment submitted by Mr. Chand- 
ler on the 14th instant, intended to be proposed to the general 
deficiency appropriation bill, reported it without amendment, 
and moved that it be referred to the Committee on Appropria- 
tions and printed; which was agreed to. 

Mr. MITCHELL, from the Committee on Claims, to whom was 
referred the bill (S. i'M) for the relief of Alexander Stoddard, of 
New York, reported it without amendment, and submitted a re- 
port thereon. 

He also, from the same committee, to whom were referred the 
following bills, asked to be discharged from their further consid- 
eration, and that they be referred to the Committee on Military 
Afi'airs; which was agreed to: 

A bill (S. 229G) for the relief of the legal representatives of 
Maj. William Kendall; 

A bill S. 1870) for the relief of Carl F. Kolbe: and 

A bill (S. 3351) for the relief of Francis L. Abbott, administra- 
tor of the late Thomas J. Treadwell, of the United States Army. 

Mr. BATE, from the Committe j on Military Affairs, to whom 
was referred tlie bill |S. 2730) granting an lionorable discharge 
to William Barnes, reported it without amendment, and sub- 
mitted a report thereon. 

'la also, from the same committee, to whom was referred the 
^S. .•B09) for relief of Catherine E'. Whitall, reported it with- 
out amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. .3185) for the relief of Isaac L. Musselman, of Tennessee, 
submitted an adverse report thereon, which was agreed to; and 
the bill was postponed indelinitely. 

Mr. HANSBROUGH, from the" Committee on the District of 
Columbia, to whom was referred the bill (S. 2338) for the protec- 
tion of the i-ifjhts of owners of lots in Columbian Harmony Cem- 
etery, in the District of Columbia, reported advei-sely thereon; 
and ihe bill was postponed indefinitely. 

COLUMBUS (OHIO) MILITARY RESERVATION. 

Mr. HAWLEY. The Committee on Military Affairs instructed 
me to report back favorably House bill 9283. I ask that it be 
read for information, and I should be glad to have it considered 
now. It is a mere technical assent on the part of the United 
States to the running of a street railroad on the borders of the 
Columbus military reservation. 



The PRESIDENT pro tempore. The Senator from Connecti- 
cut rejjorts from the Committee on Military Affairs the bill {H. 
R. 928.3) authorizing the Leonard Avenue Street Railway Com- 
pany to lay tracks upon certain streets abutting the United States 
military res._'rvation in the city of Columbus, Ohio, and asks that 
it may hi now considered. Is there objection to the requesty 

There being- no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

LEGISLATIVE, ETC., APPROPRIATION BILL. 

Mr. ALLISON submitted the following report: 

The committee of eonfei-enee <iu the cUsa:ji-eeins votes of the two Houses 
on certain amemlments of the .Senate to the bill (H. R. 9010) making appro- 
pi-iatlon.s for the legislative, executive, and Judicial expenses of the Govern 
jiient for the fiscal year eudiui; June 30, 1803, and for other purposes, having 
met, after full and free conference have agreed to recommeutl and do recom- 
mend to their respective Hotises as follows: 

That the Senate recede from its amendments numbered II, 13, 16, 21, 23, 23, 
24. ib. 76, 16-i, 203. 204, and 206. 

That the Hoitse recede from its disagreement to the amendments of the Sen- 
ate numbered 107, 108, 109, 211, and 212, and agree to the same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 1. and agree to the same with an amendment as follows: 
In lieu of the sum proposed insert ■' t381,261.90; " and the Senate agree to the 
same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 16, and agree to the same with an amendment as follows: 
In lieu of the sum proposed insert "$114,364; " and the Senate agree to the 
same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 28, and agree to the same with an amendment as follows: 
Insert on page 7 of the bill, after line 8, as a new paragraph, the following; 

"For miscellaneous items on accotmt of the Maltby Btulding, $11,216.92^" 

And the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the 
.Senate numbered 110, and agree to the same with an amendment as follows: 
In lieu of the sum proposed to be appropriated by said amendment insert 
-'$7,000;-' and the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 150, and agree to the same with an amendment as follows: 
In lieu of the sum proposed insert "814,600;" and the Senate agree to the 
same. 

That the House recede from its disagreement to the ajnendment of the 
Senate numbered l,il,and agree to the same with an amendment as follows: 
In lieu of the sum proi>osed insert "J7,250;" and the Senate agree to the 
same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 152, and agree to the same with an amendment as follows: 
In lieti of the sum proposed Insert "$7,500;" and the Senate agree to the 
same. 

That the House recede from its disagaeement to the amendment of the 
Senate numbered 153, and agree to the same with an amendment as follows: 
In lieu of the stim proposed Insert "flO.OOO;" and the .Senate agree to the 
same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 154, and agi-ee to the same with an amendment as follows: 
In lieu of the sum proposed insert -'$2,000;-' and the Senate agree to the 
same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 1.55, and agrea to the same with an amendment as follows: 
In lieu of the sum proposed insert "$851); " and the Senate agree to the same. 

Ttiat the House recede from its disagreement to the amendment of the 
.Seniite numbered 156. and agree to the-same with an amendment as follows: 
In lieu of the sum proposed insert "-^,000; '' and the Senate agree to the 
same. 

That the House recede from its disagreement to the amendment of the 
.Senate numbered 157, and agree to the same with auamendmentas follows: 
In lieu of the sum proposed insert "$7,500; " and the .Senate a^ree to the same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 158, and agree to the same with an amendment as follows: 
In lieu of the sum proposed insert "$6,000;" and the Senate agree to the 
same. 

That the House recele from its disagreement to the amendment of the 
Senate numbered 159, and agree to the same 'n'ith an amendment as follows: 
In lleti of the sum proposed insert "$7,800;" and the Senate agree to the 
same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 160, and agree to the same with an amendment as follows: 
In lieu of the sum proposed insert "$6,0M; " and the Senate agree to the 
same. 

That the House recede from its disagreement to the amendment of the 
Senate ntimbered 161, and agree to the same with an amendment as follows: 
In lieu of the sum proposed insert "$8,500;" and the Senate agree to the 
same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 163, and agree to the same \vith an amendment as follows: 
In lieu of the sttm proposed insert "$6,000;'' and the Senate agree to the 
same. 

That the House recede from its disagi'eement to the amendment of the 
Senate numbered 164, and agree to the same with an amendment as follows ; 
In lieu of the .sum proposed insert "$,S,0O0;" and the Senate agree to the 
same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 10.5. and agree to the same with an amendment as follows : 
In lieu of the sura propose-t insert "$9,000;'' and the Senate agree to the 
same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 166, and agree to the sjime with an amendment as follows: 
lu lieu of the sum proposed insert -'$11,000;-' and the Senate agree to the 
same. 

That the House recde from its disagreement to the amendment of the 
Senate ntunbered 167. and agree to the same with an amendment as follows : 
In lieu of the sum proposed insert "$5,.tO0;" and the Senate agree to the 
same. 

That the House recede from its disagreement to thoamendmentof the Sen- 
ate numbered 168. and agree to the same with an amendment as follows; In 
lieu of the sum proposed insert " $8,000;" ;ind the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the Sen- 



1892. 



CONGRESSIONAL RECORD— SENATE. 



6193 



ate uuuib?reil 205, aud agree to the same with an amendmont as follows: In 
lien of tbe matter stricken out by said amendment Insert the following: 

" That so mnoh of section 2 of the act approved March 3, 1891. to establish 
circuit courts of appeals as authorizes the appointment of a marshal to each 
of said courts at a salary of .fS.SOO be, and tho same is hereby, repealed, and 
the duties and powers imposed upon said marshals under the said act shall 
be performed by the United States marshals in and for the districts where 
terms of said courts may be hold, and to this end said marshals shall be ths 
marshals of said circuit courts of appeals." 
And the Senate agree to the same. 

W. B. ALLISON. 
F. M. COCKRELL. 
* Managers on the part of the Senate. 

WM. H. FORNEY. 
ALKIXANDER M. DOCKERY, 
D. B. HENDERSON, 
Managers on the part of the House, 

Mr. MITCHELL. I inquire of the chairman of the committea 
whatdisposition wasmade of the Senate amendment to the House 
bill with reference to tlie provision for marshals of the United 
States circuit court of appeals? 

Mr. ALLISON. The Senate conferees yielded to the House 
on that point. 

Mr. MITCHELL. Then the effect of the bill as it stands, if 
it shall become a law, will bo to abolish that office':' 

Mr. CAMERON. Have tho Senate conferees agreed to dis- 
pense with tho services of the marshals^ 

Mr. MITCHELL. They have agreed to abolish the office of 
United States marshal of the circuit court of appeals. 

Mr. CAjNIERON. I ask the Senate to disagree to the con- 
ference report and insist upon that amendment, unless the Sen- 
ator from Iowa can give very strong reasons why we should not 
do so. 

Mr. ALLISON. That was one of the difficulties and one of 
the greatest difficulties we had in dealing with this bill. We 
wei'o confronted by the House conferees with a statement that 
the Attorney-General had recommended that these officers be 
abolished. He did state in his testimony before the House con- 
ferees that these officers were not necessary and he thought it 
wiser to devolve upon the regular marshals of the United States 
the duties now performed by these marshals. Finally, at the 
last moment, we yielded the point, and yielded with regret, so 
far as I was concerned. 

Mr. CAMERON. Then the Senate conferees yielded entirely 
upon the suggestion of the Attorney-General? 

Mr. ALLISON. No, sir; we yielded upon the insistancs of 
the House conferees that they would not yield that point. 

Mr. CAMERON. I hope "the conference report will not be 
agreed to. 

Mr. MITCHELL. The practical effect, then, is to repeal by a 
clause in an appropriation bill a sijecific provision in the act of 
Congress which was passed a year or two ago, organizing the 
circuit court of appeals? 

Mr. ALLISON. That is the effect of it. 

I will state that it is very important that this conference re- 
port shall be agreed to, It has' already been agreed to by the 
other House, and unless the bill is signed to-day by the Presi- 
dent it will be necessary to provide for an extension of time of 
the old appropriations. I feel sure that nothing will be gained 
by rejecting this report. 

I^Ir. MITCHELL. Has the chairman of the committee any 
hope that the other House would yield on further contention? 

Mr. ALLISON. None whatever. I am sure they will not 
yield this point. 

The PRESIDENT pro tempore. The question is on agreeing 
to the report of the committee of conference. 

Mr. CAMERON. On that I call for the yeas and nays. 

The yeas and nays were ordered. 

Mr. BATE. I should like very much to have some gentleman 
state the reason why he oppo-jc.s concurrence in the report. We 
do noi understand it over here. 

Mr. CAMERON. The reason why I oppose the adoption of 
the conference report is because the conferee.? have agreed to 
abolish the office of marshal of the appellate court. The Senate 
by a decided majority insisted upon the amendment striking out 
that provision, aud it seems that after a very brief interview 
with the other House the Senate conferees have agreed to strike 
it out. 

The PRESIDENT pro ttmjjore. The Secretary will call the 
roll on the question of concurring in the conferencs report. 

Tho Secretary proceeded to call the roll. 

Mr. COLQUITT (when his name was called). I am paired 
with the Senator from loua [Mr. Wilson]. 

Mr. GALLINGER (when his name wa? called). I am paired 
with the junior Senator fi-om Texas [Mr. Mills]. 

Mr. GEORGH (when his name was called). I am paired with 
the Senator from Oregon [Mr. Ddlph]. 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. Morrill]. I should vote " nay " 
on this proposition if he were here. 



Mr. HIGGINS (when his name was called). I am paired gen- 
erally with the senior Senator from New .lersey [Mr. McPuer- 
son]. If he were present I should vote "nay." 

^Ir. McMillan (when his name was called). I am paired 
with the Senator from North Carolina [Mr. Vance], but on this 
question I feel at liberty to vote. I vote "yea." 

The PRESIDENT pro tempore [whon^lv. M.\nderson's name 
was called I. The occupant of tho chair is paired with tho Sen- 
ator from Kentucky [Mr. Blackiiurn]. 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey]. 

The roll call was concluded. 

Mr. WALTHALL. The juniorSenatorfrom Rhode Island [Mr. 
Dixon] is paired with the junior Senator from Georgia [Mr. 
Gordon]. I ask that this announcement shall apply to all tho 
ycaand-nay votes taken to-day. 

Mr. CALL, I am pairod with the Senator from Vermont [Mr. 
Proctor]. As he is not present, and I do not know ho.v ho 
would vote on this question, I withold my vole. 

The result was announced— yeas .'JS, nays 12; a; follows: 
YE.\s— :ia. 



Allison, 

Berry, 

Blodgett, 

Brice. 

Butler, 

Carey. 

Cockrell, 

Coke. 

CuUom, 

Daniel, 



Allen, 
Bate, 
Cameron, 





Dubois, 




Faulkner, 


. 


Frye, 


X 


Gorman, 


di 


Hale, 


T3 


Hansbrough 


C 


Hawley, 


— 


Hill, 


03 


Hunton, 


Oi 


Kyle, 


CO 




hw 


Chandler, 


J 


Felton, 


o 


Gibson, La. 



McMillan, 

Paddock, 

Palmer, 

I'cCfer, 

Power, 

Ransom, 

Sawyer, 

Sherman, 

Squire, 

Stewart, 

N.A.YS— 12. 
Mitchell, 
Perkins, 
Piatt, 

NOT VOTING— 38. 



Stockbridgo, 

Turpi e, 

Vest, 

Vilas. 

Voorhees, 

Walthall. 

Washburn, 

While. 



Quay, 

Warren. 

Wolcoii. 



^<^ 



Aldrich. 

Blackburn,' 

Call. «- 

Carlisle, O 

Casey, Lu. 

Colquitt, 

Davis, 

Dawes, 

Dixon, 

Dolph 



Gallinger, Jones, Ark. Proctor. 

George, Jones, Nev. I'ugh. 

Gibson. Md. Kenna. Sanders, 

Gordon, McPherson, Shoup, 

Gray, Manderson. Stanford, 

Harris, Mills, Teller, 

Higgins, Morgan, Vance, 

Hiscock, Morrill, Wilson. 

Hoar. Pasco. 

Irby. Pettigrew, 
So the report w-as concurred in. 

ARMY APPROPRIATION BILL. 

Mr. STEWART submitted the following report: 
The committee of conference on the disagre_-in'.5 voles of the two House.s 
on the .amendment of the Senate numbered 23 to the bill ( H. R. ()923) "maklnp- 
appropriatiims for Ihe support of the Army tor the fiscal year endin'j Jtm4 
;W. \»9i. and for other purposes." having met. after full and free conference 
have agreed to recommend and do recommend to -their respjctive Hcu.sj.s 
as follows: 

That the House recede from Its disagreement to the amendments of the 
Senate numbered 23 and agree to the same, with an amendment as follows: 
In lieu of the matter stricken out by said amendment insert the following; 
•■ Provided further. That no money herein appropriated shall be used in pay- 
ment of the transportation of troops and siuu'lies of the Army over any of 
the nonbouded lines o%vned by the Union Pacilic Kailwav Company or by the 
Central Pacific Railroad Company; but this provision shall not withhold 
payment from lines leased and operated, but not owned, by said companies" 
and the Senate agree to the same. 

WILLIAM M. STEWAR'J'. 
W. B. ALLISON. 
. Managers on thepart of ih? .Senate, 

JOS H. OUTHWAITE. 
H. H. ROCKWELL. 
HENRY H. BINGHAM. 
Managers on the part of Ihe Hou9e, 
The report was concurred in. 

JOHN HENRY LEY. 

Mr. TELLER. I am directed by the Committee on the ,Iudic- 
iary to report favorably, without amendment, the bill (.S. '.V.i:il] to 
relieve and e.xempt .John Henry Ley, of the District of Columbia, 
fi'om the opei-alion of an act entitled "An act to resirict the 
ownei^ship of real estate in the Territories to American citizens." 
As it is a matter oT someirajro-'tance to the individual concerned 
and will only take a moment. I ask for the present consideration 
of the bill. 

By unanimous consent, the Senate, as in Committee of th.3 
Whole, proceeded to consider the bill. 

Mr. COCKRELL. I should like t3 know the reason why this 
man should bo e.^empt, and whether he has applied to become a 
naturalized citizen or has become such? 

Mr. TELLER. There is a petition from the applicant, but I 
can state the case in less lime than it would take to have the 
petition read. 

This man is an Englishman. He came to Florida in ISSo. ilis 
wife having died there, ho removed later to this District, and 
bought 10 acres of land out he-.-e. upon which he erected a lloral 
establishment, spending about $!.">, 0(10 or $lii,000. I believe, on 
the land. He was not awa-e at the time he purchased the pioj)- 
erty of the law which prevented him from becoming the pur- 



XXIII- 



-3S8 



6194 



CONGRESSIONAL EEOORD— SENATE. 



July 15, 



chaser of pi-operty. Since he purcliascd the property he has ap- 
plied to become a citizen of the United States, but he is not yet 
a citizen. He is a laboring man, and a man who put his money 
in an enterprise which is certainly not injurious, and the com- 
mittee thought ho ought to bo relieved, as we have relieved in 
one other instance under very nearly the same circumstances. 

The bill was reported to the Senate without amendment, or- 
dered to bo engrossed for a third reading, read the third time, 
and passed. 

HILLS INTRODUCED. 

Mr. MITCHELL introduced a bill (S. 3433) to ratify and con- 
firm certain agreements with the Lower Pend d'Oreille or Calispel 
Indians, and the confederated bands of Flatbeads, Pend d'Oreille, 
and Kootenai Indians, in Washington, Idaho, and Montana, and 
for other purposes; which was reaa twice by its title, and, with 
the accompanying papers, referred to the Committee on Indian 
Affairs. 

Mr. BLODGETT. At the request of my colleague [Mr Mc- 
Pherson] I desire to introduce eight bills, and ask that they be 
respectively referx-ed to the Committee on Pensions. 

The following bills were severally read twice by their titles, 
and referred to the Committee on Pensions: 

A bill (S. 3434) granting, a pension to Eliza Jane McWhood; 

A bill (S. 3435) granting a pension to Jacob Dissenger; 

A bill (S. 3436) granting a pension to Kate S. Church, widow 
of Joseph Church, late of Company C, Thirteenth Regiment 
Massachusetts Volunteers; 

A bill (S. 3437) granting apsnsion to Louise V.Bomtord, widow 
of Gen. James V. Bomford; 

A bill (S. 3438) granting a pension to L. W. Barton, widow of 
E. P. Barton, late a private of Company I, Twenty-eighth Regi- 
ment New Jersey Volunteers; 

A bill (S. .3439) granting a pension to Charlotte Cable, widow 
of Walton Cable, late a pilot in the Revenue Marino Service; 

A bill (S. 3440) granting a pension to Mary D. McChesney; and 

A bill (S. 3441) granting a pension to Harriet B. Cole, widow 
of Alfred Cole, 'late a private in Company E, Twenty-second Regi- 
ment United States Colored Troops. 

Mr. PERKINS introduced a bill (S. 3442) to amend section 11, 
chapter lOfi. of "An act to provide a national currency secured 
by pledge of United States bonds, and to provide for the circu- 
lation and redemption thereof," approved June 3, 1864; which 
was read twice by its title, and referred to the Committee on 
Finance. 

He also introduced a bill (S. 3443) for the relief of G. D. Hum- 
phrey; which was rs-ad twice by its title, and referred to the 
Committee on Claims. 

Mr. BUTLER introduced a bill (S. 3444} for the relief of James 
B. McElhose; which was read twice by its title, and, with the 
accompanying jiapers. I'eferrcd to the Committee on Claims. 

Mr. HANSBROUGH introduced a bUl (S. 3440) to establish a 
military post at or near the city of Grand Porks, in Grand Forks 
County, State of North Dakota: which was road twice by its ti- 
tle, and referred to the Committee on Military Affairs. 

Mr. HAWLEY introducedabill{S.3446) to remove the charge 
of desertion from tlie military record of Peter Buckley; which 
was read twice by its title, and referred to the Committee on 
Military Affairs. 

ELECTION OF SENATOKS BY THE PEOPLE. 

Mr. GIBSON of Lo;iisiana. I introduce a joint resolution and 
give notice that at the proper time I shall oli'er it as a substitute 
for tlie joint resolution reported by the Senator from Oregon 
(Mr. Mitchell), witli amendments, May l'4, 1892, proposing an 
amendment to the Constitution of the United States providing 
that- Senators shall be elected by the people of the several States. I 
ask that the juint resolution may bo printed and laid on the table. 

The joint resolution (S. R. 99) pi-oposing an amendment to the 
Constitution providing that Senators shall be elected by the peo- 
ple i)t the several States, was read twice by it title, and ordered to 
lie on the table. 

OrPICERS AND EMPLOYES OF GEOLOGICAL SURVEY. 

Mr. CAREY .submitted the following resolution; which was 
considered by unanimous consent and agreed to: 

Jifjolved, Th:U tlie Director of the Geological Survey he, auct is hereby, 
directecl to sentl fortwitli to the Senate a complete list of all officers and em- 
ployes who are now or have been within a year past, in any of tlio work of 
.saiil .Survey, together with the office or employment, the place of employ- 
ment . and the compensation of each of said persons under said Survey. 

RELATIONS OP GOLD AND SILVER. 

Mr. GIBSON of Louisiana. I offer a resolution,whichI ask to 
have read for information, calling on the Secretary of the Treas- 
ury for certain information. 

The PRESIDENT pro tempore. The resolution will be read. 

The Chief Clerk read as follows: 

liesolved. That the Secretary of the Treasury is hereby requested to report 
to the Senate: 
First. What proportion of the customs fliujes and Intcrnal-reventie taxes. 



received within the last twelve months, has been paid each month In gold 
coin, instandard sliver dollars in silver certHcates, lu United States notes, 
commonly called "greenbacto," in legal-tender Treasury noteslssued under 
the act approved July 14, 18W), national-bank notes, and gold cerliflcates. 

Second. The amount of gold coin and gold cerlilicates lu the Treasury of 
the United .States at the jjrosent time, the amount of gold and otgolU certifi- 
cates held by the banks of the United States, and the total amount of gold 
coin iu this country. 

Third. Whether, under the act approved July 14, 1890, the Secretary of the 
Treasury has redeemed the notes i.ssued thcreimder lor the purchase of sli- 
ver bullion with gold coin, or silver coin; what amount of said notes has al- 
ready been redeemed iugold and silver coiurespecttivly during the last three 
months. • 

Fourth, To report, as far as may be practicable, Ihe.tmoimts of gold and sil- 
ver, respectively, held by the Uank of France, the Bank ot Germany, and the 
Bank of England. 

Fifth. To repbrtwhatr.itio should. In his judgment, beestablished between 
gold and silver in order to preserve a substantial equivalency between the 
coins of the two metals in the United States. 

.Sixth. Whether or not the bimelMlllc system, adopted under the Adminis- 
tration of President Washington, and readjusted and maintained under the 
Administration o'f President Jackson, might again be established upon a 
stable basis, by correcting the ratio, and conforming it to the marltet value 
of the two metals, either by Increasing the metal in the silver unit, or by 
decreasing the metal in the gold tmit, or by dividing the disparity Ijetween 
the two units and standards of value. 

The PRESIDENT pro tempore. Is there objection to the pres- 
ent consideration of the resolution? 

Mr. STEWART. I think that resolution had better go over. 
It will lead to considerable debate. 

Mr. PADDOCK. Let it bo printed and lie over. 

Mr. STEWART. Tiie resolution calls upon the Treasury De- 
Ijartment for a financial system. If it was merely asking for in- 
formation it would be all right, but we do not want the opinions 
of the Treasury De])artment upon that subject. 

The PRESIDENTpro tempore. The resolution will be printed 
and lie over, its present consideration being objected to. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had passed 
a joint resolution (H. Res. 151) to continue the provisions of a 
joint resolution approved June tlO, 1892, entitled "A joint reso- 
lution to provide temporarily for the expenditures of the Gov- 
ernment;" in which it requested the concurrence of the Senate. 

IRRIGATION AND RECLAMATION OF ARID LANDS. 

Mr. WARREN. I desire to give notice that I shall ask the 
consent ot the Senate on next Wednesday, immediately after the 
moi-ning hour, to call up the bill (S. 2.32i») providing for the irri- 
gation and reclamation of arid lands, for the jjrotection of for- 
ests, and utilization of pasturage, and for other purposes, which 
now lies on the table, for the purpose of making some remarks. 

ORDER OF BUSINESS. 

The PRESIDENTprofemjooi-f. The Chair lays baforo the Sen- 
ate under the rules certain resolutions which have come over 
from a previous day. 

Mr. GORMAN. Pending that, I move that the Senate pro- 
ceed to the consideration of the fortification appropriation bill. 

Mr. STEWART. Lot those resolutions be first disposed of. 

The PRESIDENT pro tempore. The Chair recognized the 
Senator from Maryland, who is entitled to the floor. 

Mr. GORMAN. I move that the Senate now proceed to the 
consideration of House bill 8533, being the fortification appro- 
priation bill. 

The PRESIDENT pro (empore. The Senator from Maryland 
moves that the Senate proceed to the consideration of a bill, the 
title of which will be stated. 

The SecreTxVRY. A bill (H. R. 8533) making appropriations 
for fortifications for the fiscal year ending June .30, 1893, and for 
prior years, and for otlier purjioses. 

The" PRESIDENT pro tempore. Ths question is on the motion 
of the Senator from Maryland. 

TENNESSEE RIVER BRIDGE AT KNOXVILLE. 

Mr. BATE. I ask the Senator from Maryland to withhold his 
motion for the present until I can call up a small bill, which will 
take but a moment. I ask unanimous consent to do it, because 
it involves the interestsof someof the people of Knoxville. The 
people are anxious to have the bill passed, which merely pro- 
vides for the extension of the time for constructing the bridge 
there. I ask for the immediate consideration of the bill. 

The PRESIDENT irro tempore. Pending the motion of the 
Senator from Maryland, the Senator from Tennessee asks -unan- 
imous consent that the Senate proceed to the consideration of a 
bill, the title of which will be stated. 

Mr. BATE. It will take but a moment. 

Mr. PADDOCK. Before that is done I desire to suggest that 
the Chair lay before the Senate the resolution in relation to the 
Homestead trouble in Pennsylvania for a moment, in order that 
we may act upon it. 

Mr. "bate. The bill I refer to will only take a moment. 
There is an amendment to it in the nature of a substitute. 

By unanimous consent, the Senate, as in Committee of the 



1892. 



CONGEESSIOT^AL RECORD— SEXATE. 



6197 



cull up a bill, which was laid aside to accommodate me saveral 
weeks ago. 

The PKESIDENT pro tempore. Pending the motion of the 
^nator .from Maryland [Mr. Gorman], the Senator from New 
i^ampslure asks the unanimous consent of the Senate for the 
present consideration of a bill, the title of which will be stated. 

The Secretary. A bill (S. 14,5) to authorize the Court of 
I laims to hear and determine the claim of the Citizens' Bank of 
Liouisiana, etc. 

Mr ALLISON. That bill, I think, must lead to considerable 
debate. I do not know but the Senator from New Hampshire 
himself desires to discuss it. 

Mr. CHANDLER. I do not think it will take up much time. 
1 desire to offer an amondmont. 

The PRESIDENT pro tempore. Is there objection to the pres- 
ent consideration of the bill? The Chair hears none, and the 
bo read Senate, as in Committee of the Whole, and will 

«n^th«'°°^^^^-^- ^-^^'""^ ^^^ ^^11 li^« ^I'-eady been passed 
and the question is on its reconsideration. There is no neces- 
sity for reading- the bill again. 

thr^nn^i^f-^^^H^?'^,?,r''"'^'^''«- The Chair was not aware of 
the condition of the bill. 

sider"; SS^^^^' ^'"' question is on the motion to recon- 

^ J?° P^'^SPENT pro tempore. The bill has been reconsid- 

ope^Xr^Vi *n't! '^"'''' ^^^ '^^^ ^^^^ ^ '^-^'^- -^ i-- 
de^'!' '-'^'^^^^E^- I ™o^'e an amendment, which I send to the 



T^ » n2£^^?^^'^ P'^oJ'^Worc. The amendment will be stated. 
The Chief Clerk. In line 11, after the word •'court "it is 

Tn llnl'l4 'as'folfowT-' ^''''°"''' '° '^"'^ '°°'"'''"^ "^'^"°'-'l ''^«*'" 
So as to make the bill read: 

^u- 'S't?JJ^^t.15,°°«P' the amendment, 
t Jth! PI^ESIDENT pro tempore. The question is on ao-reeino- 
shire ^'^^'^^'^^■^* proposed by the Senator from New Hamp" 

The amendment was agreed to 
R^ORD^tW^^'^^- f M^"''"^ permission to have printed in the 

mer sessfon " '' * minority report, submitted at a foi- 

'^t ^^f^iP^^T P'-° ""'P^'-'^- " is so ordered. 

pay a large sum of n.oney to the Citizens' Bank ofS oAean^ 

l^^;,^^'cL-s^^ 

Senate'^sevefaurni^s"""""" '* ^^ " ""^ "'"°'^ ^«« P^^^^'^ ^he 

mI' rnr^t]^'u^TV'''T'°''°'' "^<^ '^"1 ^''^'■y well. 
Mr. COCKRELL. Let us vota on it 
Mr. STEWART. Yes, let us vote! 

J^^^ZriZ:^^ ^ «-^*^ - --'^ed, and the 
waTreacUhe^^;:^nhne*^ "^ ^"«"™"^'^ ^°'' ^ """^ -^^-^'^ -'I 

and'l" was'so oS^f "' ''"''^'"''' ^^ l'"°*'=1 '■> ^^e Record, 
the's^natol.^^o'r^eagueTMrXLPH^ «"^»i"-^ "^ 



nuT^t^^^^f^^.P'^^"'" f"'ny>re. Is there objection to the re- 
quest made by the Senator from Oiv"-on'^ 

that''' T^«v^-y-^^- ^ ""?^ \' ^"°"1^' ^^'^ ^''^'■y bad policy to do 
Whv Ju.7ih ° ^''^yn^ents which have already bien printed 
v\ ny print them in the Record? 

will appreSSe'^W^at i? H^'i"''-'* '-^"^^ P^'^^^' ^^^ *^° ^enatpr 

fsrilF" »■"■■'■» '»'=^^^^^^^ 

.Mr. CHANDLER. 1 always yield with defo.-,.n..n t.i +>,„ . 
gestions o? the Senator from Ohio and T wi hrb„w t. . " ^"^I 

tinn IS on the passage of the bill. j-uo ques 

The bill was passed. 

PROTESTANT EPISCOPAL CATHEDRAL __M|f 

Mr STEWART. I ask unanimous consent tt;all mTTwf^ 
reported by the Committee on the District of Columbia tTinom 
porate the Episcopal Cathedra! of this cit v. It is raU or n prose 
'ZIZ ^t h' ''"''"°n' '^"'^.'t ^^ necessary ^that tlie b 1 sho Id bo 
^ TlfpR^'Ir'n^^?^' «*^ssiou. It is a short bill. 

orL'^o^t';tne''sf'?''^^^'-'''""'^'"-"- ^^" *^^ «-=^^-- -^'-*« *"o 

Th; PnvJ/K^^^T. 1 lie bill was reported this morning. 

ti, ?.?„ ^^^^^E*^ P'''' f*>"l""-''- The Chair is informed that 
Mr cScKr'fLL ' rif "^'l T\ '^ "°* °," *'^'^ printed c'feVlar' 
Th; PRplrni^M'^ ^'"'," '''' '* b^j;'"^'''' ^O'' information. 

formation pro tempore. The bill will be read for in- 

t»T=^*^l°''*"''"''^/:'"'\"'^'' '''" 'S- ■■^•^^1) <o incorporate the Pro- 
testant Episcopal Cathedral foundation of the District of Colum- 

Mr' STEW^UT^' I''°''\u^f^ committee did that bill come? 
lumbia " Committee on the District of Co- 

Mr. COCKRELL I must look at it bofore I can lot it pass 
If I understand the bill, the way it was read, it proposes to crLato 
a perpetual, eternal corporation, with a right' to'^W possess 
and own anything on earth, and without Sny limitaLS what- 
ever; and 1 would be only a question of time wh™n it cou d a- 
gregate. to itself the whole United States. " 

TBe PRESIDENT ^.ro (eraporc. The bill is objected to. 

HELEN A. PATTERSON. 

t„''^if:.^'^w^^u^E^- .1 ask the unanimous consent Of the Senate 
to proceed to the consideration of the bill (S. 1049) o-rantin^ a 
pension to Helen A. Patterson. ^"-»j; >,Kinting a 

By unanimous consent the Senate, as in C -mmittee of the 
Whole proceeded to consider the bill, which had been reported 
from the Committee on Pensions with an amendment, in Ce 4 
after the word " roll," to strike out "subject to the , rovi^ona 
and hmitationsof the pension laws." and insert "at the rite of 



'H-.per month; so as to make the bill read" 

a private in Company O, Eighth New HampshTr! Voluuteers. ' ''^^ 

The amendment was agreed to 

ai^il^i^t^^^^^Sl^a^'''^ '°"^*^ ^ ^'"-^^^' -^ '^- 

thJ third tim\',°andpts°d" °"'''°""' '"' '^^^"''^ reading, read 

W. H. TIBBITS. 

Mr. PADDOCK. I ask leave to call up the bill (S .309S) to 
amend an act entitled "An act tor the relief of W H Tibbi s - 
apiH-oved August 8, 1SS8 J-iuoii-s, 

The PRESIDENT pro tempore. Is there objection to the re- 
quest ol the Senator from Nebraska? 

Mr. COCKRELL. Let it be read for information. Wccannot 
tell what the lull is from the title. vvccdn noi 

foJmatfon.'^^^^^^'^^^"''' '''"^""■'- '^^^ ^^^^ ^"^ "« '"'^'"l fo'" i"- 
ISlr. PADDOCK. I ask the Secretary to read the preamble 

M^'stirl th" 1nfT'°'T-°' '^ •?'"■• "'^'^ ""''' ^"-^ *b« Sen'^topTrom 
iMissouri the information he desires. 

inf^rmrtkin^^"'^^^ ^"'" *'"'^''"'«- ^"^^ preamble will be read for 
■ The Secretary read the preamble, as follows- 

m ,»rt h,^'" o' ?'«'l"--'ska- ana resided thereon for thj full period of t me re- 
* WhefeL ft fnv,7 -■','=""»««- ■''"d improved and cultivated the same: and 
Wheieas it further appears that the .said tract of land was pateutid w U>0 



6198 



CONGRESSIONAL EECORD— SENATE. 



July 15, 



Bm-liuaton aud Missouri River Rallroud at a tlmo subsequent to said home- 
stcaii entry, and sold by said railroad company to other parties; and 

Wbereas" it also appears that hy act of March 3, 1889, all lands, except m 
the .State of Missouri, wore wUhdrawu from private entry; and It not being 
the real Intent and pnrpose of said act of August 8, 1888, to compel said Tib- 
bits to remove to said Stale ot Missotu'i, in order to obtain the benefit of the 
act aforesaid. 

Is there objection to the pres- 



The PRESIDENT pro tem/pore. 
nt consideration of the hill.-' 



There heins" no ohjeetion. the Senate, as in Committse of the 
Whole, proceeded to consider the bill. It authorizes W. H. 
Tibbits, or his legal representatives, to locate 160 acres of any 
of the public lands of the United States subject to homestead 
entry, or to other entry, at $1.25 per acre. ' 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
aud i^as.sed. 

The PRESIDENT 23W tenifm-e. The Committee on Public 
Lands report to strike out the preamble. The question is on 
agreeing to the amendment striking out the preamble. 

The amendment was agreed to. 

JOHN Jl'MAHAN. 

Mr. SHERMAN. I ask the unanimous consent of the Senate 
to proceed to the consideration of the bill(H. R. 4871) for the re- 
lief of John McMahan. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It directs the President 
to revoke so much of general orders, headquarters Deijartment 
of West Virginia, of April 24, 18W, as relates to and directs the 
dismissal from the Army of Maj. John McMahan, of the Second 
Regiment AVest Virginia Cavalry, and to grant him an honor- 
able discharge as of that date. 

Mr. SHERMAN. There is a very full report made by the 
Senator from Tenncsses [Mr. BateJ, and also a House report. 
It is a clear ease of injustice done during the war. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading', read the third time, and passed. 

seaton nokman. 

Mr. VOORHEES. I ask the Senate to take up the bill (S. 
2772) for the relief of Seaton Norman. 

There biiug no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It authorizes the Presi- 
dent to nominate and, by and with the advice and consent of the 
Senate, appoint Seaton Norman an assistant surgeon in the Ma- 
rine Hospital Service, that being the rank held by him on the 
1st day of Julj', IS'.lO, when he resigned his position under a mis- 
apprehension of his rights in the premises. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the tliird time, 
and passed. 

DABNEY, SIMMONS & CO. 

Mr. GRAY. I ask the unanimous consent of the Senate to 
consider the bill (H. R. 6(39) for the relief of Dabney, Simmons 
& Co. 

By unanimous con.sent, the Senate, as in Committee of the 
Wliole, proceeded to consider the bill. It directs the Secretary 
of the Treasury to examine the claim of Dabney, Simmons & 
Co., ot Boston, Mass., for expenses incurred by them in the re- 
testing of 101 cases of opium condemned by the Government, and 
to repay to them the expense of tlie reexamination of all of the 
ises which upon such reexamination were found to contain the 
I lard amount of morphia. 

Up bill was reported to the Senate without amendment, or- 
dcrLOSiOa third reading, read the third time, and passed. 

DISTRICT STREET RAILROADS. 
Mr. MCMILLAN. I ask unanimous consent to call up the joint 
resolution (H. Res. 108) extending the time in which certain 
street railroads compelled by act of Congress, approved August 
U. 18!J0. to change their motive power from horse power to me- 
chanical power, for one year. 

There bsing no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the joint resolution, which had 
been reported from the Committee on the District of Columbia 
with an amendment, in line 9, after the word " frorfdct?,'' to 
strike out: 

That within thirty days from the passase of this act said Metropolitan 
Railroad Company .shall Increase its service to such an extent thatit will no 
longer be necessary for any of Its passengers to stand up. And no fare shall 
be collected from any passenger in any ot its cars until furnished a seat 
therein; Prodded, That overhead wires may be used In propelling the cars 
)jy electricity, on a plan approved by the Commissioners of the District ot 
Columbia. 

And to insert: 

That so fast as the cars uow building are eqttipped with storage batteries 
they shall be placed on the road: And provided further. That pending the 
chaufie the present equipment of the road shall be put, kept, and main- 
tained in good condition. 



Mr. HALE. Let me ask the Senator from Michigan what 

company this is? 

Mr. MCMILLAN. It is the Metropolitan Company. There 
are two companies who accepted the terms of that law, the 
Washington and Georgetown Company and the Metropolitan 
Company. The one company adopted the cable system and the 
other has adopted the storage-battery system. As we all know 
as to the storage-batterj' system there has Iseen some delay in 
getting the patents that were sujjposed to be suitable for run- 
ning these cars. The result has beon that they are not able to 
comply with the law on the 1st of June. I have myself exam- 
ined the plant which they have erected on the other side of the 
P street bridge in Georgetown, and I am satisfied from the large 
expenditure of money that they have made it will be a delay of 
only a short time. Still we have extended the time one year. 

IVIr. HALE. I hope that the Senator, exercising as he does a 
sort of supervision over these companies, which all of us are very- 
glad that he shall exercise, will look to it a little hereafter that 
this company furnish better accommodations for the public than 
they are doing now. This company have practically outraged 
the public during this entire season. They have withdrawn their 
ojjen cars and have obliged the public to be confined in hot, un- 
heal thy, and unwholesome box cars. so that every sensible man who 
wants to come to the Capitol has either to take another route or 
wait, as I have done sometimes, for half a dozen box cars to pass 
before finding one open car. It is an unreasonable thing that 
these companies should trifle with the public as they do. They 
impose upon the people here constantly, and this company, par- 
ticularly, this year has been the chiefest of the sinners in this 
regard. 

I hope the Senator will look to it hereafter and see that the 
Ijublic has good accommodations on this road. 

Mr. MciilLLAN. The following provision is proposed to Ijc 
inserted by the committee in the latter part of the joint resolu- 
tion: 

That so fast as the cars now building are equipped v^-ith storage batteries 
they shall be placed on the road. 

These are the now cars. It is an entire new equipment that 

they are going to pat on the line. 

And provided ftu'Ui^r, That pending the change the present equipment of 
the road shall be put, kept, and maintained in good condition. 

I had that put in specially to cover the same point the Sena- 
tor has made. 

j\Ir. HALE. It is not a matter of much personal importance 
to us now, because we are to separate very soon, and we shall 
not use this road; but if it were otherwise, I should not want 
them to keep their present equipment. I should want them to 
change it. I should want them to furnish car.-; such as would 
make it comfortable and healthy to the public to ride in. But 
it is not a matter of much concern to us now, personally, on ac- 
count of the limited time we shall be here. 

Mr. GORMAN. I wish to say to the chairman of the Com- 
mittee on the District of Columbia in regard to this joint reso- 
lution that I have no doubt the time oughttobe extended under 
the circumstances, but the joint resolution as it came f i-om the 
other House provided that this road might use overhead wii-es. 
That has been stricken out by the recommendation of the Com- 
mittee on the District of Columbia. I trust we shall have it un- 
derstood that if in conference this overhead business is insisted 
upon by the coordinate branch, we shall have ftill notice of it 
when it comes back here: for I never could consent myself to 
overhead wires on that line. 

Mr. McMillan. I think I am perfectly safe in making that 
pledge. 

Mr. HALE. I join the Senator from Maryland. If there is 
any doubt about that let us have ample notice when it comes 
back. 

Mr. MCMILLAN. The Committee on the District of Columbia 
of the Senate were unanimous that that iirovision should be 
stricken out. 

Mr. VEST. Mr. President, I have found out from long ex- 
perience tliat it is utterly useless to attempt to put any limita- 
tions upon these railroad companies which they do not accept. 
Here is an extension of time of one year proposed to these com- 
panies after they have had two years in which to comply with 
an act of Congress as to changing the instrumentalities they use 
for transportation in this District. 

Some time ago I introduced a resolution inquiring why tho 
Commissioners of the District of Columbia have not carried out 
the law. They replied that under their construction of the law 
these companies had imtil the first of the present month to com- 
ply with the statute. Some of them have attempted to comply, 
and a good many of them have not. There are three roads in 
this District that have not made a single endeavor to comply with 
the act of Congress. If they did not comply in the two years, 
which was a very liberal time given them, the Commissioners 



1892. 



CONGRESSIONAL RECORD— SENATE. 



6199 



were ordered then to make these changes in theii- roads and to 
pursue the remedy that Congress gave them to enforce the pay- 
ment. Under the construction of the law which the Commis- 
sioners placed upon the act they did not conceive it their duty 
to adopt these coei-cive measures until the time had expired, 
which was the 1st of the present month. 

The president or chairman of the Board addressed me a letter 
in which he called my attention to the fact that it was impossible 
for some of these companies to comply with the law, stating that 
some of them had complied with it and others were in the pro- 
cess of complying with it. I replied to him that it was within 
my pgrtonal knowledge that some of them had made not a single 
movement towards complying with it and absolutely ignored the 
act of Congress. Not one of them in this District has complied 
with that law. The Metropolitsm road has partly done so. and 
the fJelt line has done a little work, but very little, and possibly 
one other company; and the rest of theip. have absolutely tram- 
pled the act of Congress under foot. 

Hr. COCKRELL. And they have not paved between the 
tracks. 

Mr. VEST. As my colleague says, they have not complied 
with the act in paving between the tracks and bringing the rails 
down to a level with the adjacent paving. I am not much in 
the habit of traveling in private carriages, but I do know from 
personal experience that there are railroad tracks down in this 
city with the old-fashioned T rails projecting an inch and an 
inch and a quarter above the surface, and no attempt is made to 
remedy it. There is not a city in the United States that would 
submit to this sort of thing for an hour. 

The PRESIDENT pro <e)»i2)orc. The Senator from Missouri 
will please suspend. The hour of 2 o'clock having arrived, it is 
tho duty ot the Chair to lay before the Senate the imfinishcd 
business, which will be stated. 

The Chief Cleek. A bUl (H. R. 8533) making appropria- 
tions for fortifications and other works of defense, for the arma- 
ment thereof, for tho procurement of heavy ordnance for trial 
and service, and for other purposes. 

Mr. McMILLAii. I ask the Senator from Maryland to allow 
the pending resolution to be disposed of. 

Mr. GORMAN. I yield for that purpose. 

The PRESIDENT pro tempore. The Senator from Maryland 
yields, and the Senator from Missouri will proceed. 

!\Ir. VEST. I understand the joint resolution gives these 
companies another year, after they have had their two years and 
after some of them have not made a single attempt to comply with 
the lav,'. As a matter of course the measure will pass, and at the 
end of the year they will not have done anything. I can safely 
predict that from our experience in the past. Then the Com- 
missioners will come in, when a i-esolution is ofiEered such as was 
adopted by the Senate, with the old stereotyped reply that there 
were great diifioulties attending the change in the rails, and it 
was very expensive to make these alterations in transportation, 
and there will bo another act passed extending the time another 
year. I do not know how long I shall be in the Senate, prob- 
ably not much longer, but I think for natural reasons I shall never 
see any improvement in the condition of affairs here as to street 
railroads. 

Mr. HALE. I should like to ask the Senator from Michigan 
what this road has actually done in the direction of this change 
which leads him to believe that during the next year they will 
carry it out and perfect it and adopt this as their motive power? 
What have they actually done? 

Mr. McMIUjAN. I have carefully examined that part of the 
subject. I find they have erected very large buildings for the 
purpose of supply ing the storage batteries with power. They have 
put in magnificent engines and boilers, as good as I have ever 
seen anywhere. They spent some $275,000 upon the machinery 
necessary to supply those batteries with electricity. They have 
ere(Tted lai-ge buildings for storing the cars, and so as to put bat- 
teries in them when they are completed. 

There are about thirty-five or forty new cars already built and 
completed, and we have provided here that just as fast as they 
have the maehinei\y ready and everything in condition they shall 
run these cars. We have already seen cars on G street running- 
with the storage battery. It was impossible for the Metropolitan 
Company to use at that time the cable, and they had to use some 
such power as this. There has been a great deal of delay in 
getting a patent that would sui)ply the need. They think they 
have got it. They have spent this money, and I think they are 
acting in perfect good faith. 

jNIr. VEST. I did not apprehend that this matter would come 
up to-day. I have not time now to send to the document room 
and get the response of the Commissioners to my resolution, but 
I T/ould be obliged to the chairman of the committee, presuming 
that ha is entirely cognizant of all the facts, to state how many 
of these roads have made any attempt to comply with the act of 



Congress which wo passed two years ago, as to changing their 
rails, and, when they declined to change the rails, as to chang- 
ing their mode of transportation. 

Mr. McMillan. I win state to the Senator that there are 
only two companies that availed themselves of the law which 
was passed, the Washington and Georgetown and tho Metropoli- 
tan Roads. The other com] anies were not able to comjily with 
the provisions of that law. The Senate c ■ninutt?e hasValled 
the attention of the Commissioners to the rcs;)!ution referred to 
by the Senator from Missomi. and has ijressed upon th? Commis- 
bion-rs the importance of making these companies comply with 
all the regulations to which he has referred. 

Mr. VEST. I will wait with some curiosity to see the result. 

Tho PRESIDENT pm tempore. The questi-m is on agreeing 
to the amendment reported by the Committee on the District of 
Columbia, to strike out and insert. 

The amendment was agreed to. 

The joint resolution was reportsd to the Senate a? amended, 
and the amendment was concurred in. 

The amendment wag ordered to be engrossed and the joint 
resolution to be read a third time. 

The joint resolution was read the third time and passed. 

Mr. McMillan. I move that the Senate request a confer- 
ence with the House of Representatives on the joint resolution 
and amendment. 

The motion was agreed to. 

Hy unanimous consent, the President pro tempore wa^^_ 
ized to appoint tht; conferees on the part of the Senalcf^ih 1 Mr. 
McMillan, Mr. Harris, and Mr. Wolcott were appointed. 

ELLEN WILLI.^MS. 

Mr. CAREY. I ask the Senator fi'om Maryland if ho will 
yield to me that I maj' call up a bill':' 

The PRESIDENT 2^0 Umpon'-. Does the Senator from Mary- 
land yield to the Senator from Wyoming? 

Mr. GORMAN. I will yield to the gentleman from Wyo- 
ming. 

Mr. SAWYER. I wish to make a report from the Committee 
on Pensions. 

The PRESIDENT pro tempore. Does tho Senator from Mary- 
land j'ield to the Senator from Wisconsin? 

Mr. GORMAN. I will yield for morning business. 

Mr. SAWYER. I amdirected by the Committee on Pensions, 
to whom was referred' tho bill (S. 842) granting a pension to 
Ellen Williams, to report it without amendment and submit a 
report thereon. 

Mr. WOLCOTT. If I may beg the indulgence of tho Senate 
a moment, the bill just reported is very brief, and is in favor of 
Miss Ellon Williams, who was a hospital nurse, a lady who is 
living in circumstances of very great poverty in Coloratlo, and 
it will take but a moment to pass it. If the Senate will listen to 
it I should lilce to have it passed. It is very short. 

The PRESIDENT pro iempcn-e. The Chair understands that 
the Senator from Maryland has yielded to tho Senator from 
Wyoming [Mr. CareyJ for the consideration of the bill. 

Mr. COCKRELL. Let the bill just reported go on the Calen- 
der. The Senator from Colorado cr.n call it up some other time. 

Mr. WOLCOTT. If I may be pardoned a moment, I will state 
that if the Senator from Missouri were as familiar as I am with 
the circumstances surrounding this applicant hs would not ob- 
ject—a woman who is seriously ill, doLibtfulof recovery, in great 
pecuniary need. I know of no cas_^ that could appeal to the 
magnanimous and generous heart of the Senator fr.")m Missouri, 
with the strength this would if lie were familiar with all the cir- 
cumstances surrounding it. I am sure he would not object. 

Ur. COCKRELL. I am not objecting at all. 

The PRESIDENT pro tempore. There is no objection. The 
question is whether the Senatorfrom Maryland yields to tho Sen- 
ator from Colorado, he having jdelded tithe Senator from Wyo- 
ming. N 

Mr. GORMAN. I yield to the Senator from Wyoming for the 
consideration of the bill he wishes to call up. 
EIGHT-nOUR LAW. 

Mr. CAREY. I ask unanimous consent to call up the bill (S. 
1276) pi'oviding for the adjustment and payment of the accounts 
of laborers and mechanics arising uniier the eight-hour law. 

Mr. COCKRELL. That would lead to discussion, in all prob- 
ability. 

Mr. BERRY. Let that bill go over. 

Mr. CAREY. Will the Senator permit me to make a state- 
ment? The committee have reported a substitute, merely to 
refer this matter to the Court of Claims. I do not think there 
will be any objection to the bill. It is a long-standing matter. 

The PRESIDENT pro tempore. Is there objection to the pres- 
ent consideration of the bill? 

Mr. GORMAN. I understand from Senators around me that 



6200 



CONGRESSIONAL EECORD— SENATE. 



July 15, 



the bill will lead to debate. Therefore I object to its considera- 
tion. 

The PRESIDENT pro tempore. Objection being made, the 
bill can not be considered at this time. 

PRESIDENTIAL APPROVALS. 

A mes.sag3 from the President of the United States, by Mr. O. 
L. Pruden, one of his secretaries, announced that the President 
had on this day approved and signed the following bills: 

An act {S. Ii5l0) to establish an intermediate rate of pension 
between $30 and $72 per month; and 

An act (S. 1393) to amend an act entitled "An act to amend the 
statutes in relation to immediate transportation of dutiable goods, 
and for other purposes,'' approved June 10, A. D. 1880, by ex- 
tending the privileges of the first section thereof to the port of 
Fernandina, Fla. 

MESSAGE from THE HOUSE. 

A message from the House of Representatives, by Jlr. T. O. 
TowLES, its Chief Clerk, announced that the House had agreed 
to the report of the committee of conference on the disagreeing 
votes of the two Houses on the amendment of the Senate num- 
bered 23 to the bill (H. R. 6!t23) making appropriations for the 
support of the Army for the fiscal year ending June 30, 1893, and 
for other purpo-ses. 

ENROLLED BILLS SIGNED. 

The message also announced thai the Speaker of the House 
had signed the following enrolled bills and joint resolution; and 
they were thereupon signed by the President ^jco tempore: 

A bill (H. R. 970) to correct the military record of Lieut. Cor- 
nelius JiIcLean: 

A bUl (H. R. 2401) for the relief of Lydia A. Magill, adminis- 
tratrix; 

A bill (H. R. 7021) making appropriations for the diplomatic 
and consular service of the United States for the fiscal year end- 
ing June 30, 1893; and 

A joint resolution (H. Res. 151) to continue the provisions of a 
joint resolution approved June 30, 1892, entitled "A joint reso- 
lution to provide temporarily for the expenditures of the Gov- 
ernment." 

FORTIFICATION APPROPRIATION BILL. 

The PRESIDENT pro (cmj;orc. The unfinished business will 
be proceeded with. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the bill (H. R. 8.533) making appropriations for fortifications 
for the fiscal year ending June 30, 1893, and for prior years, and 
for other purposes, which had been reported from the Commit- 
tee on Appropriations with amendments. 

Mr. GORMAN. I ask that in the reading of the bill the 
amendments of the committee may be first considered. 

The PRESIDENT pro tempore. The Senator from Maryland 
asks unanim.ous consent that the bill may be read as in Commit- 
tee of the Whole, and that the amendments of the committee be 
acted upon in their order as they are reached in the reading of 
the bill. Is there objection? The Chair hears none. 

Mr. WOLCOTT. I understood the Senator from Maryland to 
say that he would yield to have the short bill reported by the 
Senator from Wisconsin considered when the Senator from Wyo- 
ming was through. It will take but a moment. 

Mr. GORMAN. I should bo very glad to do so, but half a 
dozen other Senators around me desire to get up bills, and I can 
not yield. I think later in the day the Senator will have an op- 
portunity to call up the bill 

Mr. WOLCOTT. The trouble is that I am called out of town 
this afternoon. 

Mr. PRYE. The Senator from Colorado is going away. 

Mr. MITCHELL. I suggest to the Senator from Maryland 
that he allow the bill to be called up and proceeded with until 
half ])ast 2 o'clock. , 

Mr. WOLCOTT. I withdraw my request. I do not think I 
have any rii,'ht to interfere with the public business. 

The PRESIDENT pro tempore. The appropriation bill will be 
read. 

The Chief Clevk proceeded to read the bill. The first amend- 
ment reported by the Committee on -Appropriations was, on pao-e 
1, line 7, b^'fore the word "thousand," to strike out "five hu"!!- 
dred," and insert "seven hundred and fifty;'' so as to make the 
clause read: 

Gun anil mortar batteries: For construction of gun .ana mortar batteries, 
$750. 'X)0. 

Mr. BERRY. I should like to have the Senator from Mary- 
land explain what is the necessity for this large increase pro- 
posed in the bill. 

Mr. GORI^IAN. Wehavebeen for the past four years engaged 
in fortifying the coast, and the construction of these gun and 
mortar batteries is considered by the Engineer Department and 
by the War Department as of the first importance. If we are to 



continue that work upon the scale on which it has been already 
inaugurated with the authority of law, we think that it is im- 
possible for them to get along economically with less than $750,- 
(lOii during the present fiscal year. The Chief of Engineers, 
the Secretary of War, and the General commanding the Army 
all concur in the statement that to continue the work economi- 
cally there must be at least $750,000 appropriated. Guns and 
mortars are being constructed each year, and they are lying idle 
without being put in place or without carriages to put them on. 
If this matter is to go on, and the coast to be defended and pre- 
pared for defense, then we think that this -appropriation is nec- 
essary. 

Mr. BERRY. The House of Representatives, which it is sup- 
posed had at least all the estimates befoi'e them, all the informa- 
tion probably in regard to thW matter from the officers of the 
Government that the Senate Committee had, appropriated $5(X),- 
000. The Senate committee propose to raise that to $750,000. 
In the next paragraph an appropriation is made for the procure- 
ment of lands, or rights pertaining thereto. The House of Rep- 
resentatives appropriated the sum of $250,000. and the Senate 
committee propose to raise that to $500,000. Trhere is a differ- 
ence in those two items between the amount appropriated by 
the other House and that proposed by the Senate committee of 
a half million dollars. 

It occurs to mo that the House of Representatives in making 
these appropriations must have put in what they thought could 
be economically expended this year. I can not see the extrema 
necessity that now exists for raising the amount for these forti- 
fications so as to include 100 per cent in one item and .'jO per cent 
in the other item over and above that which was appropriated 
by the other House. 

As I stated the other day in regard to another bill, it seems 
that during this session of Congress more than at any time since 
I have been here there has been a constant elfort on the part of 
the various Senate committees to raise the amounts appropri- 
ated by the House of Representatives in every instance, to en- 
large and swell the ajipropriations in almost every bill which 
comes here, and in almost every item of every bill. 

I think that the appropriations made during the last Congress, 
which amounted to a billion dollars, were more than should have 
been appropriated for the two years. Unless we pay some regard 
and attention to the efforts that the House of Representatives is 
making to ec momize. I do not see how it will be possible to re- 
duce the enormous expenditures that were made during those 
two years. 

The Senator from Maryland says that the officers say that this 
increased amount is necessary. Mv. President, invariably in 
making estimates by the various officers of the Government, so 
far as I have been able to follow them, they always estimate the 
very largest possible amount, expecting Congress to cut it down. 

I do not think that there is any pressing necessity for increas- 
ing these appropriations to theenormousextentthat is proposed 
by the Senate committee. The Sena e is thin, and I do not care 
to call for the yeas and nays on the amendment now, but I shall 
reserve the right to call them when the bill gets into the Senate. 

The PRESIDING OFFICER (Mr. Turpie in the chair). The 
<luestion is on agreeing to the am ndment reported by the com- 
mittee. 

The amendment was agreed to. 

The next amendment was, on page 1, line 12, before the word 
"thcTusand. " to strike out " two hundred and fifty ' and insert 
" five hundred;'' so as to make the clause read: 

Sites for fortifications an'I seacoast defenses : For the procurement of land . 
or right pertaining thereto, U(«ded lor the site, location, construction, or 
I>roseciition of work for fortifications and coast defenses, $500 000, or so muclj 
thereof as may be necessary. 

The amendment w;is agreed to. 

The next amendment was, in the appropriations for "Arma- 
ment of fortifications." on page 2, line 24, before the word 
" thousand,'' to stri'Ke out ■■fifteen'' and insert " twenty-five;" 
so as to make the clause lead: 

For steel Held guns of 3.3-lnch caliber, $-J5,000. 

The amendment was agreed to. 

The next amendment was, on page 3, line 10, before the word 
■'thousand,'' to strike out ■' thirty " and insert '' thirty-five;" so 
as to make the clause read: 

For carriages for sie^e breech-loading howitzers of 7-lnch caliber, S3.i,000. 

The amendment was agreed to. 

Mr. COCKRELL. There is a little error on page 3, line 12. 
There are two " r's " there in a word. One of them ought to bo 
stricken out. 

The PRESIDING OFFICER. The correction will be made. 

The next amendment was, on page 3, line 18, before the word 
"thousand,'' to strike out "thirty" and insert "forty;" so as to 
make the clause read: 

For powder for issue to service, 140,000. 

The amendment was agreed to. 



1892. 



C0XGEES8I0NAL EECOKD— HOUSE. 



6219 



voting- 15G 


as follows: 






■i-EAS-169. 


Alexander. 


Blount, 


Bunting. 


AmeiTuau. 


Bowman, 


Busey, 


Arnold. 


Branch, 


Boshnell, 


Babbitt, 


Breckinridge. Ark 


. Butler, 


Bailey. 


Bretz, 


Byntma. 


Bakei-, 


Briclmer, 


BjTTlS, 


BanUhead. 


Brookshire. 


Cable, 


Barwig, 


Bro^vn, 


Cai>ehart, 


Bentley, 


Bryan, 


CarutU. 


Blanohard. 


Buchanan, Va. 


Castle, 


Blaud, 


Buun, 


Catchings 



lieve that information comes from a reliable source. If it is not 
tri;e, it can do the Postmaster-General and the Department no 
harm for him to state the facts to the House. If it is true, the 
House should know it. 
Mr. DINGLEY. Mr. Speaker, if the gentleman will pardon 

ine 

Mr. ENLOE. I will retain the floor for the present. 
The SPEAKER. Does the gentleman f rom" Tennessse yield 
to the gentleman from j\laine [Mr. DinglkyI? 
Mr. ENLOE. Yes. 

Mr. DINGLEY. I willsuggest to the gentleman that the res- 
olution seems to call for a great deal more than the information 
which the gentleman has suggested. It calls for all correspond- 
ence relative to railroads. Now, it seems to me that it the De- 
partment is called upon to furnish copies of all correspondence 

relating to mail service on railways 

Mr. ENLOE. On new railways. 

Mr. DINGLEY. It will involve a very considerable amount 
of clerical labor. It seems to me if the gentleman gets simply 
the facts that he calls for, that will be sufficient. I merely make 
that suggestion. 

Mr. ENLOE. The only reason for calling for the correspond- 
ence is to show whether or not there is any ground for the com- 
plaint of discrimination or violation of the statute^. The corre- 
spondence on the subject would set out the facts in regard to the 
necessity for service upon the different lines of raili-oads, and it 
is necessary for the Houss to have that correspondence in order 
to show whether or not the Postmaster-General has discrimi- 
nated. That is the reason I call for it. and it only embraces the 
new service on railroads. It does not apply to servicj estab- 
lished prior to the date named in the resolution. 
Mr. DINGLEY. March 4, 1SS9> 
jNIr. ENLOE. Yes. 

Mr. DINGLEY. Why does the gentleman fix that particular 
date? Why does he draw the line there? 

Mr. ENLOE. Because that is the line of demarcation between 
this Administration and the past Administration. 

Mr. DINGLEY. But the Government is a continuitv. The 
same practices that have existed since March i. 1880. existed be- 
fore, in man^- respects. 

Mr. ENLOE. I would not b? able, and the House would not 
be able, to remedy the matter, even if we were to go back and 
find that some such practice had prevailed under a former Ad- 
ministration. I demand the previous question. 

Mr. BINGHAM. If the gentleman will allow me. is not the 
gentleman himself a member of the Committee on Post-Offices 
and Post'Roads? 
Mr. ENLOE. No, sir: I am not. 

Mr. BERGEN. I would like to ask the gentleman a question. 
Mr. BINGHAM. I do not think there is anv objection to it. 
_ Mr. BERGEN. Would the gentleman from "Tennessse think 
It fair to condemn this Administration if it were simply follow- 
ing a practice that had obtained in the previous Administration 
m regard to the compensation to railroads? 

Mr. ENLOE. I do not know that it will develop any fact that 
will condemn the Administration: but I think there is good 
ground for camplaint that in the exercise of his power the Post- 
master-General has discriminated in favor of some railroads as 
against others, in disregard of the statute. That is the point 

JNIr. BERGEN. Contrary to law, you think? 
_ Mr. ENLOE. Contrary to law; and I want to know whether 
It IS true or not. I demand the previous question. 

The question was taken on ordering the previous question, and 
the Speaker announced that the ayes seemed to have it 
Mr. MCDONALD. Division. 

The House divided: and there were — ayes 44, noes 18 
Mr. BERGEN and Mr. MCDONALD. No quorum, Mr. Speaker 
The SPEAKER. Ths Chair will appoint the gentleman from 
Tennessee [Mr. Enloe] and the gentleman from New Jersey [Mr. 
Bergen] to act as tellers. 

The House again divided; and the tellers reported— ayes 80, 
noes 0. r J , 

Mr. ENLOE. Mr. Speaker, I demand the veas and nays. 
The yeas and nays were ordered. 
The question was taken; and there were— yeas 169, nays 3, not 



Cate, 

Chlpman, 

Clancy, 

Clarke, Ala. 

Cobb. Ala. 

Cobb, Mo. 

Cobum, 

Coolidge, 

Coombs, 

Covert, 

Cox, N. y. 



Crosby, 

Culberson, 

Ciuumings, 

Daniell, 

Davis, 

De Ai'mond, 

Dickerson, 

Dixon. 

Doan, 

Dockery, 

Donovan. 

Dungan, 

Durborow, 

Ellis. 

Enloe. 

Epes, 

Everett, 

Fithian, 

Forman, 

Forney, 

Fov.'ler, 

Fyan. 

Gantz, 

Gelssenhalner, 

Goodnight, 

Grady, 

Greenleaf, 

Halvorson, 

Hamilton, 

Hare, 

Harries, 

Harter, 

Atkinson, 



Abbott, 

Alderson, 

Allen. 

Andrew, 

Bacon, 

Bartiue, 

Beeinan, 

Belden. 

Belknap, 

Beltzhoover, 

Bergen. 

Bingham, 

Boatner. 

Boutelle, 

Bowers, 

Brawley. 



Hayes, Iowa 

Havnes, Ohio 

Heard, 

Hemphill, 

Henderson, N. C. 

Henderson, 111. 

Holman. 

Hooker, Miss. 

Houk. Ohio 

Johnstone, S. C. 

Jones, 

Kem, 

Kendall, 

Kilgore, 

Kribbs, 

Kyle, 

Lagan, 

Lane, 

Lanham, 

Lapham, 

Lawson, Va. 

Lawson, Ga. 

Layton. 

Lester, Va. 

Lester, Oa. 

Lewis. 

Little, 

Liviuifston, 

Long, 

Lynch. 

Mallory, 

Mansur, 



Seerle.v, 



NAY 



Martin, 

McClellan. 

McCreaiy, 

McGann, 

McKaig, 

McKeighan, 

Mclvinney, 

McMiUin, 

JIcRae, 

Meyer. 

Mitchell, 

Montgomery. 

Moore, 

Moses, 

Mutchler, 

Newberry, 

Dates, 

O'Ferrall, 

O'NeiU. Mo. 

Otis, 

Parrett, 

Patterson, Tenn. 

Pattou, 

PajTiter, 

Pearson. 

Pendleton. 

Price. 

.Sayers, 

■Scott. 

Shell, 

Shlvely, 

Snodgrass, 

8-3. 

Shonk. 



NOT VOTING— 150. 



Grain, Tex. 
Crawford, 

Ctirtis, 

Cutting, 

Dalzell, 

De Forest, 

Dlnglev, 

Dolllver, 

Dunphy. 

Edmimds, 

Elliott. 

English. 

Enochs, 

Fellows, 

Fitcli. 

Flick. 



Breckinridge, Ky. Fuuston, 



Broderick, 

Brosius, 

Brunner. 

Buchanan, N. J. 

Bullock. 

Bui-rows, 

Cadmus, 

CaldweU, 

Camlnetti, 

Campbell, 

Causey, 

Cheatham, 

Chapin, 

Clark, Wyo. 

Clover, 

Cockran. 

Cogswell, 

Compton. 

Cooper. 

Cowles, 

Cox, Tenn. 

Craig, Pa. 



Geary, 
Gillespie, 
Gorman, 
Griswold, 
Grout, 
Hall, 
■ Hallowell, 
Harmer. 
Hatch, 
Haugen. 

Henderson, Iowa 
Herbert, 
Hermann, 
Hltt, 
Hoar, 

Hooker, N. Y. 
Hopkins. Pa. 
Hopkins. 111. 
Houk, Tenn. 
Huff, 
Hull. 
Johnson. Ind. 



Johnson, N. Dak. 

Johnson, Ohio 

JoUey, 

Ketcham, 

Lind, 

Lockwood, 

Lodge, 

Loud, 

Magner, 

McAleer, 

MeDouald, 

Meredith, 

Miller, 

Milliken, 

Morse, 

Norton, 

O'Donnell. 

O'Neil, Mass. 

O'NeiU. Pa. 

Outhwaite. 

Owens, 

Page, E. I. 

Page. Md. 

Pattison, Ohio 

Payne, 

Peel, 

Perkins, 

Pickler, 

Pierce, 

Post, 

Powers, 

Quackeubush, 

Raines, 

Randall, 

Ray. 

Rayner, 

Reed, 

Reilly. 

Reyburn, 



Snow, 

Sperry, 

Stevens. 

Steward. 111. 

Stev.'.irt, Tex. 

Stone. Kv. 

Stont, 

,Stump. 

Tarsney. 

Terr.v, 

Tillman, 

Tracey, 

Tucker. 

Turner. 

Tuvpin, 

Van Horn. 

"Warner. 

^Varwick. 

"Washington. 

"Watson. 

Weadock. 

"Wheeler. Al.t. 

Wheeler. Mich. 

Whiting. 

Wike. 

WiUlanw, N. O. 

Winn. 

Wise. 

Younians. 



Rlchard.soa, 

Rite, 

Robertson. La. 

Robinson. Pa. 

Rockwell. 

Rusk, 

Russell. 

Sanford, 

Scull, 

,Stmpsou, 

Smith, 

Springer, 

,Stahlnecker, 

.Stephenson, 

Stockdale. 

Stone, C. W. 

Stone, W. A. 

Storer. 

Sweet, 

Tavlor. III. 

Taylor, Tenn. 

Taylor, E. B. 

Taylor. J. D. 

Taylor. \\ A. 

Townsend. 

Wadsworth, 

Walker, 

Waugh. 

Wever. 

White. 

Willco:;. 

WUliams. M:iss 

Williams, m. 

Wilson. K.v. 

Wilson.. Wash. 

Wilson. Mo. 

Wilson. W. Va. 

Vrolverton, 

Wright. 



So the previous question was ordered. 

The following pairs were announced: 

Until further notice; 

JNIr. Richardson with Mr. Joseph D. Tay'lor. 

ALDERSON with Mr. Robinson of Pennsylvariia. 

Cox of Tennessee with Mr. Loud. 

Peel with Mr. Wilson of Washington. 

Craig of Pennsylvania with Mi-. Pickler. 

Allen with Mr. Wilson of Kentucky. 

Cowles with Mr. Belknap. 

Herbert with Mr. Boutelle. 

Stockdale with Mr. Brodericiv. 

Geary with Mr. Sanford. 

Wilson of Missouri with Mr. Huff. 
Mr. O'Neil of I^Iassachusetts with Mr. Cogswell. 
Mr. Breckinridge of Kentucky with Mr. O'Donnell 
Mr. Pierce with Mr. Ezra B. Taylor. 
Mr. Abbott with Mr. Belden. 
For this day: 
Mr. Campbell with Mr. We\t:r. 

Brunner with Mi-. Enochs. 

Norton with Mr. Stoker. 

Bullock with Mr. Hopkins of Illinois. 
Mr. Hatch with Mr. Atkinson. 
Mr. Cr^un of Texas with Mr. Lmo. 
Mr. Beltzhoover with Mr. Griswold. 
On this vote: 

Mr. Beeman with Mr. Harmer. 
Mr. Edmunds with Mr. Henderson of Iowa. 



Mi-. 
Mr. 
Mr. 
Mr. 
Mr. 
Mr. 
Mr. 
Mr. 
Mr. 
Mr. 



Mr 
I\Ir 
Mr 



6220 



CONGRESSIONAL RECORD— HOUSE. 



July 15, 



Mr. "Williams of Illinois with Mr. Taylor of Illinois, for 
two days. 

Mr. Crawford with Mr. Clark of Wyoming. 

The result of the vote was then announced as above recorded. 

The question was taken on the passage of the resolution; and 
and the Speaker announced that the ayes seemed to have it. 

Mr. Mcdonald. The yeas and nays, Mr. Speaker. 

The question was taken on ordering the yeas and nays. 

The SPEAKER (after counting). Two gentlemen only have 
risen, not a sufficient number, and the yeas and nays are re- 
fused. 

So the i-esolution was passed. 

On motion of Mr. ENLOE, a motion to reconsider the vote by 
which the resolution was passed was laid on the table. 

ENROLLED BILL SIGNED. 

Mr. WARWICK, from the Committee on Enrolled Bills, i;e- 
ported that they had examined and found truly enrolled the bill 
(H. R. 97G) to correct the military record of Lieut. CorneliusMc- 
Lean; when the Speaker signed the same. 

LEAVE OF absence. 

By unanimous consent, leave of absence was granted as follows: 
To Mr. WOLVERTON, for two days, on account of important 

business. 
To Mr. Breckinridge of Kentucky, indefinitely, on account of 

death in his family. 

CALL OF committees FOR REPORTS. 

The SPEAKER. The Clerk will now call the committees for 
reports. 

RELIEF OP CERTAIN VOLUNTEER AND REGULAR SOLDIERS OF 
THE LATE WAR AND THE MEXICAN WAR. 

Mr. PATTON, from the Committee on Military Affairs, re- 
ported back favorably the bill (S. 3154) to amend section 9 of the 
act for the i-elief of certain volunteer and regular soldiers of the 
late war and the war with Mexico, passed March 2, 1890; which 
was referred to the House Calendar, and, with the accompany- 
ing report, ordered to be printed. 

INCREASED PENSION FOR DEAFNESS. 

Mr. KRIBBS, from the Committee on Pensions, reported back 
with a favorable recommendation a bill (S. 349) to increase the 
rate of ])ension for certain cases of deafness; which was referred 
to the Private Calendar, and, with the accompanying report, 
ordered to be printed. 

PROTESTANT EPISCOPAL CATHEDRAL FOUNDATION, DISTRICT 
OF COLUMBIA. 

Mr. FELLOWS, from the Committee on the District of Co- 
lumbia, reported back with a favorable recommendation a bill 
(H. R. 9417) to incorporate the Protestant Episcopal Foundation 
of the District of Columbia; which was referred to the Private 
Calendar, and, with the accompanying report, ordered to be 
printed. 

CHANGE OF REFERENCE. 

On motion of Mr. HEMPHILL, the Committee on the District 
of Columbia was discharged from further consideration of the 
bill (H. R. 73.'i2) to pay John PopeHodaett for services rendered 
as counsel to the Government in the investigation of the affairs 
of the District of Columbia, etc.; and it was referred to the Com- 
mittee on Appropriations. 

ACADEMY AND GALLERY OF ART, DISTRICT OF COLUMBIA. 

Mr. HEMPHILL, from the Committee on the District of Co- 
lumbia, reported back with a favorable recommendation a bill (H. 
"" , 90Ut)/ to authorize the establishment of an acalemy and gal- 
art in the District of Columbia; which was rcferrecl to 
;juse Calendar, and, with the accompanying report, ordered 
to be jT?" 

POST-OFFIcrnTlCCOMMODATIONS IN THE DISTRICT OF COLUMBIA. 
Mr. HEMPHILL also, from the Committee on the District of 
Columbia, reported back with a favorable recommendation a 
joint resolution (S. R. 88) to authorize the postmaster of the city 
of Washington to construct and maintain a platform in the alley 
in square 454; which was referred to the Committee of the Whole 
House on the state of the Union, and, with the accompanying re- 
port, ordered to be printed. 

DEPENDENT CHILDREN IN THE DISTRICT OF COLUMBIA. 

Mr. HEMPHILL also, from the Committee on the District of 
Columbia, reported back with a favorable recommendation a 
bill (H. R. 544G) to provide for the care of dependent children in 
the District of Columbia. 

Mr. HEMPHILL. Mr. Speaker, that bill has been returned 
from the Senate with amendments, and I ask that the House 
nonconcur and appoint a committee of conference. 



The SPEAKER. The Chair can not interrupt the call for 
that purpose, but the bill can lie on the Speaker's table until 
later. 

REGULATION OF STEAM VESSELS. 

Mr. PATTERSON of Tennessee, from the Committee on In- 
terstate and B'oreign Commerce, reported back with a favorable 
recoiniucndation the bill (S. 744) to amend an act to amend sec- 
tion 44(10 of Title Lll of the Revised Statutes of the United States 
concerning the regulation of steam vessels, approved August 7, 
1881', and also to amend section 4414, Title LII, Revised Statutes, 
" Regulation of steam vessels; " which was referred to the House 
Calendar, and, with the accompanying report, ordered to be 
printed. 

He also, from the same committee, reported back the bills, H. 
R. 403 and H. R. 234, on the same subject, with the recommenda- 
tion that they lie on the table, and it was so ordered. 

DR. THOMAS GALLAGHER. 

Mr. ANDREW, from the Committee on Foreign Affairs, sub- 
mitted a report on the resolution to inquire into the cause of the 
ari-cst of Dr. Thomas Gallagher by the British Government, 
with an amendment; which was ordered to be printed. 

DEPENDENT CHILDREN IN THE DISTRICT OF COLUMBIA. 

The SPEAKER laid before the House a bill (H. R. 5446) to 
provide for the care of dependent children in the District of 
Columbia, with amendments of the Senate thereto. 

Mr. HEMPHILL. Mr. Speaker, I ask unanimous consent 
that the House nonconcur in the Senate amendments and agree 
to a conference. 

There was no objection, and it was so ordered. 

EXTENSION OF APPROPRIATIONS. 

Mr. HOLMAN. Mr. Speaker, I am directed by the Commit- 
tee on Appropriations to report the joint resolution which I send 
to the desk. 

The joint resolution was read, as follows: 

Joint resolution to continue provLsions of a joint resolution approved June 30. 
18K, entitled "A joint resolution to provide temporarily for the expendi- 
tures of the Government." 

Jiesolved by the Senate, etc., That the provisions of the joint resolution, en- 
titled "A joint resolution to provide temporarily for the expenditures of the 
Government," approved June 30, 1892, be, and the same are hereby, extended 
and continued in full force and effect to and including the 30th day of July, 
I8S12. 

The joint resolution was ordered to a third reading; and it was 
accordingly read the third time, and passed. 

Mr. HOLMAN moved to reconsider the vote by which the 
joint resolution was passed, and also moved that the motion to 
reconsider be laid on the table. 

The latter motion was agreed to. 

RECOMMITTAL OF A BILL. 

The SPEAKER. The Committee on Invalid Pensions ask 
that Senate bill 349, now on the House Calendar, ba recommitted 
to that committee. 

There was no objection, and it was so ordered. 

SUNDRY CIVIL APPROPRIATION BILL. 

Mr. HOLMAN. Mr. Speaker, I am instructed by the Com- 
mittee on Appropriations to report back the sundry civil appro- 
priation bill with the report which I send to the desk. 

The i-eport was read, as follows: 

Ml'. HoLMAN, from the Committee on Appropriations, submitted the fol- 
lowing report to accompany House bill 7530: 

The Committee on Appropriations, to whom was referred House bill r,")2'. 
mailing appropriations for sundry civil expenses of the Government for thi 
tlscal year ending Jime 30, 1893, ;ind for other purposes, together with th'i 
amendments of the Senate thereto, having considered the same, beg leave to 
report as follows ; 

They recommend that all of the amendments of thcS^matebe disag/eed to. 

Mr. HOLMAN. Mr. Speaker, it is very obvious that so large 
a number of amendments, if considered seriatim, would occupy a 
great deal of time. There are three hundred and twelve amend- 
ments by the Senate. There are several of the amendments- 
eight or nine in number — which apply exclusively to the World's 
Fair. In view of this state of facts, and inasmuch as gentlemen 
will very naturally wish to discuss the amendments vvliich refer 
to the Columbian Exposition, I ask consent that there be a non- 
c mctirrencc in all of the Senate amendments except those con- 
cerning the World's Pair. 

Mr. HENDERSON of Iowa. I call the attention of my col- 
league on the committee [Mr. Holm.\n| to the fact that his 
motion as made asks for nonconcurrence in all the amendments. 

Mr. HOLMAN. Yes, sir. 

Mr. HENDERSON of Iowa. That is not the form, as I under- 
stand, in which the gentleman wishes it put. 

Mr. HOLISIAN. The form in which the question is presented 
by the report is a general nonconcurrence; but inasmi ch an 



1892. 



CONGRESSIONAL RECORD— SENATE. 



mm 



By Mr. SHIVELY: Petition of citizens of Nappanee, 111., that 
papei'-wrappod cigarettes shall be assessed and collected as 
internal- re venue ta.x $10 per thousand — to the Committee on 
Ways and Means. 

By Mr. TUCKER: Petition of George T. McClintic, post- 
master at Covington, Va,, for relief — to the Committee on the 
Post-Offics and Pos^- Roads. 

By Mr. WIKE: Affidavit for the relief of Henry Harmon, to 
accompany House bill — to the Committee on Military Affairs, 

By Mr. WISE: Petition of Sarah E. Higgins for the estate 
of S'lrah E. Chad wick, deceased, late of New Kent Cuunty, Va., 
praying that her war claim be referred to the Court of Claims 
under the Bowman act — to the Committee on War Claims. 



SEXATB. 

Saturdav, July 16, 1893. 

Prayer by the Chaplain, Rev. J. G. Butler, D. D. 

The Journal of yesterday's proceedings was read and approved. 

GKOEGE W. CLARK. 

Mr. PADDOCK. I desire to enter a motion to reconsider the 
vote by which the bill (S. 3325) g'ranting an increase of pension 
to George W. Clark was passed j-esterday evening. A commit- 
tee amendment was inadvertently omitted from the bill -in the 
huri'y and pressure of the moment. 

The PRESIDENT pro tempore. The Senator from Nebraska 
givc-i notice of the entry of a motion to reconsider the vote by 
whiv'h the bill indicated by him was passed, and asks that the 
same may be returned from the House of Representatives to the 
Senate: which order will be made, if there be no objection. 

EXECUTIVE COMMUNICATION. 

The PRESIDENT pro tonpore laid before the Senate a com- 
munication from the Secretary of the Interior, transmitting-, in 
resronse to a resolution of the 12th instant, a report from the 
Commissioner of Indian Affairs relative to the disposition of 
moneys appropriated to pay the scouts and soldiers of certain 
bands of Sioux Indians, etc.; which, with the accompanying 
papers, was referred to the Committee on Indian Affai'.'s. and 
ordered to be printed. 

PETITIONS AND MEMORIALS. 

The.PRESIDENT pro tempore presented a petition of the Sec- 
ond National Mining Congress of the United States in sessional 
Helena, Mont, (transmitted by telegram from Francis G. New- 
lands, president), urging the defeatof House bill No. 501, known 
as the free lead ore bill, " a, its passage would inevitably result 
in the closing down of numbers of our silver mines of which lead 
is the principal jiart, now being operated on a very narrow mar- 
gin of profit, and the consequent throwing out of employment 
of tliousands of hard-working miners whose very existence is 
dependent on the continuance of operations in these properties; " 
which was referred to the Committee on Finance. 

He also presented i-esolutions of the Enterprise Pleasure Club 
of Yonkers, N. Y., and of the Emmet Club of Brockton, Mass.. in 
regard to the impri-^onment in England of Dr. Thomas Galla- 
gher, and praying that st :>ps be taken for his release; which 
were referred to the Committee on Foreign Relations. 

REPORTS OF COMMITTEES. 

Mr. COKE, from the Committee on the .ludiciary, to whom 
was referred the bill (S.'l357) to compensate Elihu Root for serv- 
ices I'endered bj' diiection of the Attorney-General, reported it 
without amendment. 

Mr. STOC'KBRIDGE, from the Committee on Fisheries, to 
whom was referred the amendment submitted by Mr. C.\rey 
July 15, intended to b.^ proposed to the general deficiency bill, 
reported it w-ithout amendment, and moved that it be referred 
to the Committee on Appropriations and printed: which was 
agreed to. 

Mr. FRYE, from the Committee on Commerce, to whom was 
referred the bill (H. R. 812f ! to extend the privileges of the 
transportation of dutiable merchandise without appraisement to 
the port of Dunkirk, N. Y., reported it without amendment. 

Mr. MITCHELL, from the Committee on Claims, to whom was 
referred the bill (S. 3:221) to provide for the adjustmentand pay- 
ment of the claim of Thomas Rhys Smith, for work doneand 
materials furnished for the breakwater at Bar Harbor, Me., re- 
ported it with an amendment, and submitted a report thereon. 

Mr. VILAS, from the Committee on Claims, to whom was re- 
ferred the bill |H. R. -1''27) to confer jurisdiction on the Court of 
Claims to hear and determine the claim of the heir of Hugh Wash- 
ing tm, for his interest in the steamer Eastport, reported it with 
amendments, and submitted a report thereon. 

Mr. QUAY, from the Committee on Public Buildings and 



Grounds, to whom was referred the bill (S. 3301 )for the erection 
of a public building at the city of East St. Louis, III., reportad 
it without amendment. 

Mr. BLACKBURN, from the Committea on Naval Affairs, to 
whom was referred the bill (S. 3395) to remit the penalties on 
gunboat No. 3, the Concord, and gunbnat No. 4, the Bennington, 
reported it without auiendm >nt. and submitted a report thereon. 

Mr. STl'^WART. I am directed by the Committee on Claims, 
to whom was referred the bill (S. 330U) for the relief of the estate 
of Leander C. McLellan, deceased, to report it favorably without 
amendment. 

Mr. SANDERS. I shall file a minority reportiuthat matter. 

The PRESIDENT pro tempore. The Senator from Montana 
gives notice that he will file the views of the minority in this 
case, 

Mr, STEWART, If there is to bo a minority report I ask 
leave to withdraw the report and refer the wliole matter back 
to tlie Committee on Claims, If there is to be a difference of 
opinion we will examine it lurther. I ask leave ti withdraw the 
report, and have the bill referred again to the C'ommitteo on 
Claims. 

The PRESIDENT pro tempore. The Senator from Nevada 
asks that the bill (S. 3300) for the relief of the estate of Leander 
C. McLellan, deceased, be recommitted to the Committee on 
Claims. The Chair hears no objection, and it is so ordered. 

IMMIGRATION INVESTIG.4,TI0N. 
Mr. JONE3 of Nevada, from the Committee to Audit and 
Control the Contingent E.xponses of the Senate, to whom was 
referred the resolution submitted by Mr. Chandler on the nth 
instant, reported it without amendment, and it was read as fol- 
lows; 

Itesohied. That tiie Committee on. Immigration \>s empowered to investi- 
gate the workings of the laws of the United .States relative to immigration 
from foreign countries and the importation of contract labor into the United 
States, and of the lav.'s and prevailing methods of naturalization: the inves- 
tigation to be conducted at s;ich times and places as said committee raay 
deem proper, during the present session or the recess of Congress, and the 
committee is hereby autliorlzed, as a full committee or through subeom- 
niittees thereof, to send for and examine persons, books, and papers, and to 
administer oaths to witnesses; the expenses of the investigation to be paid 
fro-m the contingent fund of the Senate. 

Mr. CHANDLER, I ask for the immediate consideration of 
the resolution. 

The Senate, by unanimous consent, proceeded to consider the 
resolution. 

Mr. VOORHEE.S. I desire to offer an amendment to the res- 
olution. In line •!, after the word '■ naturalization,"' I move to 
insert " since the year 1890; '' so as to read; 

That the Committee on Immigration he empowered to investigate the 
workings of the laws of the United States relative to immigration from 
foreign countries and the importation of contract labor into the United 
Slates, and of the laws and prevailing methods of naturalization, since the 
year 1800. 

The PRESIDENT pro tempore. The question is on agreeing 
to the amendment. 

Mr, COCKRELL. That is, the amendment offered by the 
S.enator from Indiana? 

Mr. \^OORHEES. Yes, sir. I will say to the Senator from 
Missouri that this amendment meets all the objection that has 
been made to the resolution by the Senator from New York 
[Mr. Hill] and others who are on the committee. I am a mem- 
ber of the committee myself, and this makes the resolution ac- 
ceptable all around. 

The amendment was agreed to. 

The resolution as amended was agreed to. 

AMELIA E. WEBSTER. 

Mr. GALLINGER. I am directed by the Committee on Pen- 
sions, to whom was referred the bill (H. R. 501!)) for the relief 
of Amelia R. Webster, to report it favorably, without amend- 
ment, and I ask for its immediate consideration, the Senate hav- 
ing passed a similar bill at a iiigher rate. The Senate passed a 
bill allowing $3.) a month. This bill allows $20, and the com- 
mittee desire it to be passed as it has been sent from the other 
House. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It proposes to place on 
the pension roll, at the rate of $20 per month, the name of Amelia 
R. Webster, widow of the late Capt. John A. Webster, jr., 
United States Revenue Marine Service. 

The bUl was reported to the Senate without amendment, or- 
dered to a third reading, road the third time, and passed. 

ACTIONS IN UNITED ST.\TE3 COURTS. 

Mr. VEST. I expect to leave the city in a very short time, 
and I ask the Senate to consider the bill I reported yesterday 
from the Committee on the Judiciary, which will give rise, I 
think, to no debate. It is House bill 8i53. 



6264 



CONGEESSIONAL RECORD— SENATE. 



July 16, 



The PRESIDENT 2>>'o tumporc. The Senator from Missouri 
asks the unanimous consent of the Senate that it now consider 
the bill {H. R. 815;5) providing wlieu plaintiff may sue as a poor 
person and when counsel shall be assigned by the court. Is there 
objection to the present consideration of the bill? 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill, which was read as follows: 

Beit enacted, etc.. That any citizen of the United States, euiitled to com- 
mence any suit or action in any court of the United States, may commence 
and prosecute to conclusion any such suit or action without being required 
to prepay fees or costs or give seciu'ity therefor before or after bringin;; suit 
or action upon tiling in said court a statement under oath, in writing, that, 
because of his poverty, he is unable to pay the costs of said suit or action 
which he is about to commence, or to give security for the same, and that 
he believes lie is entitled to the redress he seeks by snch Suit or action, and 
setting forth briedy the nature of his alleged ciuse of action. 

Sec. 2. That after any such suit or action shall have been brought, or that 
is now pending, the plainllH may answer imd avoid a demand for fees or se- 
curity for costs bv flling a like affidavit, and willful false sweartng In any 
affidavit provided for in this or the previous section shall be punishable as 
periurv is in other cases 

Sec. 3. That the officers of court shall issue, serve all process, and perform 
all duties in such cases, and witnesses shall attend as in other cases, and the 
plaintiff shall have the samereraedies as are provided by law in other oases. 

SEt\ 4. That the court may request any attorney of the court to represent 
such poor person, if it deems the cause worthy of a trial, and may dismiss 
any such cause so brought under this act if it be made to appear that the 
allegation of poverty is iintrue, or If said court be satistled that the alleged 
cause of action is frivolous or malicious. w 

Sec. 5. That judgment may be rendered for costs at the conclusio^^the 
suit as in other cases: Prodded, That the United States shall uot be 
for any of the cost thus incurred. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 
REMOVAL OF POLITICAL DISABILITIES. 

Mr. TELLER. From the Committee on the Judiciary, I re- 
port back favorably the bill (S. .'Ul")) for the removal of the polit- 
ical disabilities of "William S. Walker, of Atlanta, Ga. I under- 
stand it is the custom to jjass these bills promptly on being 
reported, and 1 ask that the bill bs jmt on its passage. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment. 

Mr. DANIEL. Is the bill open to amendment? 

The PRESIDENT pro tempore. The bill is open to amend- 
ment in the Senate. 

Mr. DANIEL. I should like to offer an amendment to it. I 
move to add after the words " William S. Walker, of Atlanta, 
Ga.," the words " and all other persons."' T think more than 
twenty-five years after the war it is time to have a general 
amnesty and' wiping out of all disabilities imposed by the four- 
teenth amendment. I believe that is the sentiment of the Sen- 
ate from my conversation with many gentlemen in it, and I 
think this would be a good time to adopt the provision. 

Mr. TELLER. I think the Senator had better not move that 
amendment on this bill. It will probably bring up some discus- 
sion and end in postponing the bill. 

ilr. DANIEL. If there is any objection to it, I do not wish 
to press the airiendment. 

Mr. TELLER. There will be objection to it, I am satisfied, 
and I think it had better come in as a separate bill. If the Sen- 
ator will introduce a bill of that kind, as far as I am concerned 
I am willing to support it; but I think that this bill ought not to 
be encumbered with such a provision, 

Mr. DANIEL. I have introduced a bill 

Mr. TELLER. I wish the Senator would withdraw the amend- 
ment and let the bill pass. 

Mr. DANIEL. I will state that I have introduced a bill of the 
kind, and I heard such general expression of favor in regard to 
it, thatj anticipated that there would be no objection to adopt- 
ing the principle at any time. If there is objection by even one 
person, I shall not insist on the amendment; but unless there is 
objection, I should rather have a vote upon it. 

Mr. PL.-VTT. What is the suggestion of the Senator from 
Virginia? 

The PRESIDENT pro tempore. The amendment of the Sena- 
tor from Virginia will be stated. 

Mr. DANIEL. To a bill removing the political disabilities of 
a particular person I move a general amendment removing all 
political disabilities imposed by the fourteenth amendment. 

Mr. PLATT. Let the amendment be read. 

The Chief Clerk. In line 7, after the word "Georgia," in- 
sert " and all other persons;" so as to make the bill read: 

Se it enacted btj ilie .Seaale awt Iloil^e of Repreaeutntives of the I'/iited .Stat^.< 
of America, in Congress asseinlAed {two-thirds of each House concin'riiu^kr 
in), That all legal and political disabilities imposed by the foun^ 
amendment of the Constitution of the United States by reason of par 
nation in the late rebellion lie, and they are hereby, removed from William 
S. Walker, of Atlanta, Ga., and all other persons, 

Mr. PLATT. I trust that the Senator from Virginia will not 
insist on his amendment. These cases have always been acted 
on separately, and each one of them presents a different state of 
facts. For instance, this officer was a quartermaster in the Army, 



I bjlieve, and before passing upon the question as to whether his 
disabilities should be removed we investigated the records, and 
found that hisquartermaster'saccountsworeall right. Soovery 
case presents its own peculiar facts. There never has been any 
difficulty about removing the disabilities whenever any person 
has petitioned to have it done if there was a proper case made 
out. I should be very sorry to bring up the question this morn- 
ing as to whether there ought to be a general removal of disa- 
bilities. At any rate it ought to bo done by a general bill, not 
by an amendment oti a particular bill. I hope the Senator from 
Virginia will withdraw the amendment. 

The PRESIDENT 7JC0 tempore. The question is on agreeing 
to the amendment proposed by the Senator from Virginia. 

Mr. DANIEL. I will state to the Senator from Connecticut 
that if any one objects to this and does not want it done I shall 
not precipitate any discussion on it, because I think such discus- 
sions are very disagreeable and unprofitable. But unless there 
is manifest objection to the passage of the bill with this amend- 
ment, it seems to me that, twenty-five years having elapsed, it 
wotild be a good and reasonable thing to do. 

Mr. PLATT. I object to the adoption of any such general 
provision upon the pending bill. I object to it. 

Mr. DANIEL. Then I withdraw the amendment. 

The PRESIDENT pro (f;)i7)0/T. The amendment is withdrawn. 
The bill is in the Senate and open to amendnient. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed (two-thirds of the Senators present 

Lting in the affirmative). 

WASHINGTON AND ARLINGTON RAILWAY. 

Mr. McMillan. I introduce a bill, and I should like to call 
the attention of the Senator from Maine [Mr. Hale] to it. Some 
time ago the Senator from Maine introduced a resolution of in- 
quiry as to the corporation called the Washington and Arling- 
ton Railway Company, which it was said had sold its charter, 
and there was some difficulty in regard to it. That matter has 
been investigated, and the result is the bill which I now intro- 
duce to amend the charter, and which will put the affairs of the 
company in better shape so far as the District is c jncerned. I in- 
troduce the bill, and ask its reference to the Committee on the 
District of Columbia. 

The bill (S..'U4S) to amend the charter of the Washington and 
Arlington Railway Comjiany was read twice by its title. 

Mr. HALK. I wish to say inreference to the bill just introduced 
by the Senator from Michigan, to which he called my attention, 
that I am very glad the committee of which he is chairman has 
given a faithful examination to that subject. The bill charter- 
ing the railroad company in the last Congress was ptished and 
forced and lobbied througli here by constant importunities and 
by .Senators being beset early and late to waive their objections 
aiul allow it to pass. After a time, as such things do, m good 
nature everybody yielded and the bill was passed, upon the state- 
ment made on the floor and in private that it was a great public 
need, that the corporators were men of property, that they meant 
to build the road, and that it would be opened within a com- 
paratively short time. The upshot was thatafter we had yielded 
and allowed the bill to be jjassed, the men who had the charter, 
when Congress adjourned, declined to do anything whatever 
about building the road, sold the franchise outright which they 
had obtained from Congress, pocketed the money, and refused to 
move an inch. 

I called the attention of the committee in the early part of the 
session to this subject, and as the Senator from Michigan has 
stated, they have investigated it and taken this matter in hand, 
have changed the form of the proceeding and introdticed a new 
bill, and lam very glad it has been done. 

Mr. Ct)CKRELL. I should like to call the attention of the 
Committee on the District of Columbia to the fact that I have 
heard it stated that quite a large number of individual citizens 
here, employes in the Departments and others, took stock in this 
company and paid out their money for it with the e.Kpectation 
that the road would be constructed and completed in proper time 
and that in the end they would receive a dividend upon their 
stock— acti-ial cash, not a mere speculation. In consideration of 
this fact I should like the committee to take it into account. I 
think there is no doubt of the fact that there are quite a large 
number of persons here in Washington ill able to lose their sub- 
scriptions who have subscribed and paid money into this enter- 
])rise. 

Mr. McMillan. I win state to the Senator from Missouri 
that this bill is intended to protect tho.se very people. 

The PRESIDENT pro tempore. The bill will !» referred to 
Committee on the District of Columbia. 

RAILROAD tracks IN THE DISTRICT. 

:Mr. McMillan. I introduce a jointresolutlonandaskforite 
immediate consideration. 
Mr. COCKRELL. Let it be read for information. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



6265 



The joint resolution (S. R. 100) to permit the railroads of the 
District to Jay extra tracks to accomodate the traveling public 
during thQ Grand Army of the Republic encampment, was read 
the first time by its title and the second time at length, as fol- 
lows: 

Sefofved, etc.. That the Commissioners of the District ot Columbia are 
Jiereby authorized to Issiie to any steam railroad iu the said District a per- 
mit to lay and use, for a period not to exceed fifteen days In all. and not more 
than twice lu any one calendar year, temporary tracks on streets adjacent 
to its passenger depot for the purpose of accommodating passeugers and 
baggage coming to or leaving the city of Washington on special occasions 
tv'hen luimbers of persons are expected to visit the said District of Co- 
lumbia. 

The PRESIDENT pro tempore. Is there objection to the pres- 
ent consideration of tlio joint resolution? 

There being no objection, the joint resolution was considered 
as in Committee of the Whole. 

Mr. COCKRELL. I should like to hear an explanation of this 
measure. To what roads does it apply; to the steam railroads or 
the street-car railroads? 

Mr. McMillan . it relates to the steam railroads, the Balti- 
more and Potomac and the Baltimore and Ohio Railroads. They 
will find it necessary to lay extra tracks during the encampment 
which is to meet and during the inauguration ceremonies. 

Mr. COCKRELL. Where are these tracks to be laid? 

Mr. McMillan. They are to bd laid on the streets. As it 
is now, the Commissioners have no power to allow the railroad 
companies to lay extra tracks adjacent to the jjassenger depots. 
It is to enable them to bring extra trains down as near as possible 
to the passenger stations during the encampment. It is a mat- 
ter of only a few days, and it is done to accommodate the public. 

Mr. COCKRELL. Are the Commissioners to be authorized 
to give permission to lay tracks upon jirivate property, or is it 
to DC upon the streets, or where are these extra tracks to be 
said? 

Mr. McMillan. On the streets adjacent to the stations. It 
has been done heretofore, but the Commissioners have found 
that really they had no authority for giving the permission, and 
they ask this authority. 

Mr. GORMAN. I should like to ask the chairman whether 
it would not be wise to confine this authority to the coming of 
the Grand Army of the Republic and to the next inauguration? 
It may be wise to do that, but to make a permanent provision of 
this kind might be considered equivalent to continuing the pres- 
ent inadequate facilities indefinitely. 

Mr. McMillan. I have no objection. 

Mr. GORMAN. I suggest to the Senator that he limit the 
joint resolution up to and including the 1st of April. 18!t,'i. 

Mr. McMillan. I have no objection to that amendment. 

Mr. GORMAN. I make that suggestion. 

The PRESIDENT pro teiiqjorc. Will the Senator from Mary- 
land present his amendment so that it may be stated? 

Mr. ALLISON. It can be done by a proviso: 

ProiUkd. That this authority shall cease on the 1st of April, 1893. 

Mr. GORMAN. Yes; that will accomplish the purpose. I 
thank the Senator from Iowa. 

Mr. ALLISON. That covers it. 

The PRESIDENT pro tempore. The amendment will be 
stated. 

The Chief Clerk. Add to the joint resolution the following 
proviso: 

Provided, That this authority shall cease on the 1st day of April, 1893. 

The PRESIDENT pro tempore. The question is on agreeing 
to the amendment proposed by the Senator from Maryland. 

Mr. CALL. I ask the Senator in charge of this measure 
whether the language is not general, and does not allow the Com- 
missioners to permit the companies to lay tracks anywhere in 
any part of the city? 

Mr. McMillan. No; it states that the track is to be laid on 
the street adjacent to the railroad station. 

The PRESIDENT pro tempore. The question ison the amend- 
ment proposed by the Senator from Maryland. 

The amendment was agreed to. 

The joint resolution was reported to the Senate as amended, 
and the amendment was concurred in. 

The joint resolution was ordered to be engrossed for a third 
reading, read the third time, and passed. 

MESSAGE FROM THE HOUSE. 

A message from the House of Repressntatives, .by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House had disa- 
greed to the amendments of the Senate to the bill (H. R. .544t)) 
to provide for the care of dependent childrjn in the District of 
Columbia, and to create a board of children's guardians, agreed 
to the conference asked by the Senate on the disagreeing votes 
of the two Houses thereon, and had appointed Mr. Hemphill, 
Mr. Cadmus, and Mr. Post managers at the conference on the 
part of the House. 



The message also announced that the House had passed the 
following bills: 

A bill (S. 479) for the relief of Mrs. E. Trask; 

A bill (S. 1279) for the correction of the military rccor.'i of Wil- 
helm Spiegelberg; 

A bill (S. 3201) to provide for holding terms of court in the dis- 
trict of Montana; and 

A bill (S. ;i447) to extend the privileges ot the first and seventh 
sections of the act of June 10, 1880, to the ports of Bangor and 
Vancoboro, Me. 

ENROLLED BILLS SIGNED. 

The message further announced tliat the Speakero' the House 
had signed the following enrolled bills and joint resolution; and 
they were thereupon signed by the President pro tempore: 

A bill (S. 726) for the relief of P. B. Sinnott, lata Indian agent 
at Grande Ronde Agency, State of Oregon; 

A bill (S. 1129) for the recognition of Henry O. Kent as colonel 
of the Seventeenth New Hampshire Volunteers; 

A bill (S. 1708) for the relief of Mi-s. Sarah '.J. Waggoner: 

A bill (S. 2018) granting a pension to Mary E. Law, widow of 
Capt. Richard L. Law, United States Navy; 

A bill (S. 2519) authorizing the Secretary of the Treasury to 
sell certain lands in the city of Springfield and Commonwealth 
of Massachusetts; 

A bill (H. R. 6923) making appropriations for the support of the 
Army for the fiscal yearonding June 30, 1893, and for otherpur- 
poses; 

A bill (H. R. 9040) making appropriations for the legislative, 
executive, and judicial expenses of the Government for the fiscal 
year ending June 39, 1893, and for other purposes: 

A bill (H. R. 9283) authorizing the Leonard Avenue Street 
Railway Company to lay tracks upon certain streets abutting 
United States military reservation in the city of Columbus, Ohio; 
and 

A joint resolution (S. R..76) to authorize the President to in- 
vite certain Governments to send delegates to the Pan-American 
Medical Congress. 

BILL introduced. 

Mr. COCKRELL introduced a bill (S. 3449) granting a pension 
to Dora Sauer, widow of Peter Sauer, deceased; which was read 
twice by its title, and referred to the Committee on Pensions. 

order of BUSINESS. 

M?. STEWART. I ask that the resolution reported from the 
Committee on Contingent Expenses instructing the Committee 
on Mines and Mining to report the average cost of the produc- 
tion of gold and silver bullion in the United Statss, and for other 
purposes, may be considered now. 

Mr. HALE. Let us get through with the morning business 
first. 

Mr. STEWART. That is practically morning business. 

Mr. HALE. The resolution is on the Calendar. 
. Mr. STEWART. Yes: it was put on the Calendar, but reso- 
lutions of this character are usually considered when reported. 
It will take but a moment. I ask the Senate to proceed to its con- 
sideration now. 

Mr. HALE. I do not object to the resolution, but morning 
business, which is the regular reports of committees, etc., ought 
to be first concluded. We shall then reach the Calendar, and 
other things may be attended to. After morning b isiness is 
concluded, I propose to call up the deficiency bill, after which 
I will yield to the Senator. 

Mr. STEWART. All right. 

The PRESIDENT pro tempore. The next order is the intro- 
duction of bills and joint resolutions. [A pause. | If there be no 
further bills and joint resolutions that order is closed. Concur- 
rent and other resolutions are now in order. [A pause.] Is there 
further morning business? 

Mr. HALE. Mr. President, I move that the Senate 

The PRESIDENT pro tempore. The Chair will call atten- 
tion to the fact that upon the deskof the Presiding Officer there 
are a number of resolutions coming over from a previous day, 
which are really a part of the morning busine.5S. 

Mr. HALE. Those, I think, can wait. Nobody desires to press 
them now. 

The PHKSIDENT pro tempore. The Chair recognizes the Sen- 
ator from Maine. 

Mr. HALE. I move to proceed to the consideration of the 
bill (H. R. i)2S4) making appropriations to supply deficiencies in 
the appropriations for the fiscal year ending June 30, 1892, and 
for prior years, and for other purposes. 

The motion was agi'ced to. 

Mr. HALE. I yield n )w to the Si;nator from Nevada. 

IN^'ESTIGATION BY COMMITTEE ON MINES AND MINING. 

Mr. STEWART. The Senator from Maine yields to me to 
call up the resolution instructing the Committee on Minss and 



6266 



C0NGEES8I0NAL EECOED— 8ENATE. 



July 10, 



Mining to report the average cost of the production of gold and 
silver bullion in tlio United States, and for other purposes. 

The PRESIDENT protempore. Is thuro objection to the pres- 
ent consideration of the resolution? 

Mr. COCKRELL. Let it bo read for information. 

The PRESIDENT pro tempore. The resolution will be reported 
for information. 

The Chief Clerk read the resolution, as follows: 
Hesolved, Tbat the Committee ou Mines aud Mining be, and it is tiereby, 
aTilhorized aud directed to investigate and report the average cost of the 
production of gold and silver bullion in the United States; and for that ptir- 
poso the comuiittee Is hereby authorized to sit during the recess of the Sen- 
ate, to employ a clerk, and the necessary expenses to bo paid from the con- 
tingent fund of the Senate, upon vouchers to be approved by the Committee 
to Audit and Control the Contingent Expenses of the Senate. 

Mr. SHERMAN. If the resolution is to pass, I should like to 
have the word " average " stricken out, so as to know what is the 
exti'ome cost. 

Mr. STEWART. I will accept that amendment. I should 
like t3 say one word in explanation of the resolution. 

The PRESIDENT firo tempore. The amendment will be stated. 

The Chief Cleuk. In line 4, before the word "cost," it is pro- 
posed to strike out "average; " so as to read: 

That the Committee on Mines and Mining be, aud it Is hereby, authorized 
and directed to investigate and report the cost of the production of gold .and 
silver bullion in the United States, etc. 

Mr. SHERMAN. I have no other objection to the resolution 
than the general objection which I have made two or three times. 
I do not aijprove myself, and I have generallj' declined to serve 
on committeis during' the recess, because in many cases they are 
matters which involve considerable expense without doing any 
good. While I have no doubt it will be very easy to ascertain 
the cost of mining silver, I would as soon take the Senator's 
word for it without this investigation. He knows all about that 
subject. It seems to me that these committses going around 
during the recess as a rtile are not very useful. 

Air. STEWART. I will say to the Senator that there will be 
no other expense connected with this than the expense of a clerk. 
I will do the balance of the work myself. 

Mr. SHERMAN. It necessitates the employment of a clerk, 
and to that extent increases the contingent expenses of the Sen- 
ate. It is a pei'sonal matter to which I do not like to object. I 
merely wanted to state my general feeling, which is that com- 
mittees, especially select committees, ought not to be author- 
ized to sit during the recess. I can imagine that a standing 
committee, having much to do, might desire such an arrange- 
ment sometimes. 

Mr. STEWART. This is a standing committee; it is no new 
committee. 

Mr. SHERMAN . I do not care to say anything further about 
it; but I do not think it ought to be done. 

The PRESIDENTpi'0(c()ipo)-e. The question is on the amend- 
ment to the resolution proposed by the Senator from Ohio. 

The amendment was agreed to. 

The resolution as amended was agreed to. 

The PRESIDENT pro tempore subsequently said: A resolu- 
tion passed hj the Senate this morning, by an inadvertence, it is 
ascertained, read as a joint resolution. If there be no objection 
the words " by the Senate and House of Representatives of the 
United States of America in Congress assembled "will be stricken 
from the resolution, so that it will stand as a simple Senate reso- 
lution, it being a matter concerning one of the committees of the 
Senate. The Chair hears no objection, and that change will be 
nade. 

BRIGHTWOOD RAILWAY COMPANY. 

Mir^cMILLAN. If the Senator from Maine [Mr. Hale] will 
yield tome, I should like to ask unanimous consent of the Sen- 
ate for the present consideration of House bill 8579. 

The PRESIDENT pro tempore. The Senator from Michigan 
asks unanimous consent of the Senate for the pi-esent considera- 
tion of a bill the title of which will be stated. 

The Secretary. A bill (H. R. 8579) to incorporate the Pet- 
worth, Brightwood and Takoma Park Railway Company of the 
District of Columbia. 

The PRESIDENT jo'o to»po?'e. If there be no objection the 
bill will be considered as in Committee of the Whole. The Chair 
hears none. 

Mr. COCKRELL. Let it be reported for information first. 
We can not tell whether we shall object or not until we hear 
what it is. 

The PRESIDENT pro tempore. The Chair calls the attention 
of the Senator to the fact that the bill will be read at length as 
in Committee of the Whole, and of course be at any time sub- 
ject to objection. 

Mr. COCKRELL. That is what I wanted to understand. 

The PRESIDENT pro tempore. That is the rule. 

Mr. COCKRELL. If we have that understanding it is all right. 




The Senate, as in Committee of the Whole, proceeded to con- 
sider the bill. 

The bill was reported from the Committee on the District of 
Columbia with an amendment to strike out all after the enact- 
ing clause and insert: 

That the charter granted to the Brightwood Railway Company by an act 
of Congress approved October 18, 1888, be, and the same Is, araendej as fol- 
lows: 

"That within six months from the dale of the approval of this act. the said 
Brightwood Railway Company shall etiuip aud operate its existing line witli 
the overhead trolley system of electric motive power, and shall thereafter 
maintain the road in tirst-class condition. That the road shall be supplied 
entirely with new cars of the most approved pattern, which shall l)e run as 
the public convenience shall require, but not less frequently than one car 
every fifteen minutes from each end of the line, between 5 o'clock a. m., and 
12 o'clock midnight. 

"Sec. 2. That within twelve months from the date of the approval of this 
act the said Brightwood Railway Company shall extend it.s tracks to the 
District line, as provided in the original charter of said comoany, aud shall 
operate the new portion of the line iu the same manner and tinder the same 
conditions as hereinbefore provided for the operation of those portions of 
the road already built. The said company shall also construct aud maintain 
a branch line, beginning at a XJoint, to be located by the Commissioners of 
the District of Columbia, west of the Baltimore and Ohio Railroad track ou 
Fifth street in Takoma Park; thence along Fifth street to Umatilla street: 
thence west along Umatilla street to aud across I'iney Branch Road, and 
thence to Brightwood avenue by such route as the Commissioners of the 
District of Columbia shall approve. Said branch line shall be operated by 
the overhead trolley system; the cars used shall be first-class in every re- 
spect, and the schedule of the running o£ cars shall be subject to the approval 
of the District Commissioners, but cars shall be run as often as one every 
fifteen minutes between the hours of 5 o'clock a. m. and ISo'clock midnight. 
Work on the said branch road shall be begun within two mouths and com- 
pleted, with cars running thereon, within one year from the date of the ap- 
proval of this act. 

".Sec. 3. That in the event that the company should not be able to come to 
an agreement with the owner or owners of auy land through which the said 
road may be located to pa.ss, or upon which any ne<-essary buildings may bo 
reqitired to be located, proceedings tor the condemnation for the itse of the 
company of so much of said land as may be required, not exceeding 100 feet 
in width, for its roadway, and of so much as may be necesary for buildings, 
etc.. may be instituted in the usual way In the supreme court of the District 
of Columbia, under such rules and regulations as said com't may prescribe 
for such pui-poses. 

" ,Sec. 4. That any failure to comply with any of the provisions of this act 
shall work a forfeiture of the original charter of the said Brightwood Rail- 
way Company. All acts or parts of acts inconsistent with the i)rovisioas of 
this act are hereby repealed. 

".Sec. 5. That Congress reserves the right to alter, .amend, or repeal this 
act." 

Mr. COCKRELL. I should like to hear some explanation of 
the difference between the House bill and this proposed substi- 
tute. 

Mr. MCMILLAN. The House bill is intended to grant a new 
charter to a hew company because the old Brightwood Raili-oad 
Company was running its cars miserably. They were the poor- 
est second-hand cars, and were being run about once every half 
hour. During ]'art of the winter, when the people wanted to get 
into the city, the company did not run them at all. Therefore, 
it was proposed to grant a new charter, which would take away 
from the Brightwood company the charter which was given to 
them in 1888. The Committee on the District of Columbia 
thought it was better not to get into any lawsuit or any trouble 
with the old company and made this arrangement, which will 
compel the company chai-tered in 1888 to put its line in first-class 
condition and give the iieople who live out there rapid transit. 

Mr. COCKRELL. Brightwood avenue is an extension of Sev- 
enth street. 

Mr. MCMILLAN. Yes. There is a great demand for this 
road, and many public meetings have been held by the people 
interested. This is intended to make the company do what they 
should have done long ago. 

Mr. COCKRELL. On the extension of Seventh street was 
there not some underground system attempted to be carried out 
for some distance'/ 

Mr. MCMILLAN. The company spent $150,000 in trying the 
air svstem, which turned out to be a failure. 

Mr. COCKRELL. How far did they construct that system? 

Mr. McMillan. Onlya shortdistanco— about three-fourths 
of a mile. 

Mr. COCKRELL. Was it the Brightwood company which 
did that work? 

Mr. MCMILLAN. Yes, sir. 

Mr. COCKRELL. This bill is intended to compel the com- 
pany to complete the road within a given time? 

Mr. MCMILLAN. The road has fallen into the hands of the 
bondholders, the stockholders having given uj) their stock, and 
this is to compel the bondholders to do what ought to have been 
done before. 

Mr. COCKRELL. I see there is no ])rovision here in relation 
to the rate of faro or for an exchange of tickets. 

Mr. McMillan. This is a long run, and the rate of fare, 5 
cents, is provided for in the original charter. 

Mr. COCKRELL. Is that in the original charter? 

Mr. MCMILLAN. Yes. The substitute proposed to amend 
the original charter, and it is provided for there. 



1892. 



CONGEESSIONAL EECOED— SENATE. 



6267 



Mr. COCKRELL. It was provided for in tlio bill as itcame 
from the House. I did not Icnow that that jirovision was in the 
old charter. 

Mr. McMillan, it is in the old charter. 

Mr. GORMAN. This road, as I understand, by its original 
charter was to run from a point beginning on Seventh street out 
to Brightwood, and the company was required to construct its 
track outside of the Seventh-street road on land that it was to 
acquire. 

If I understand this bill, it will permit the extension of the 
road from Brightwood to the District line on that greatavenue, 
one of the principal avenues loading out into Maryland. Wo 
acquired the road from the old turnpike company, and it has been 
i-emodeled by the Government, and will be damaged it this trolley 
system is to be allowed in the center of it. I suggest to the 
Senator this is a wide road and it will probably accommodate 
this railroad, but I should not like to see the trolley system jior- 
mitted to be used in the center of that splendid drive. The road 
ought to be constructed under the same conditions as are pro- 
vided for in the original charter, entirely off the roadway or to 
one side of it. I trust the Senator, on consideration, will agree 
to insert a provision that no part of that roadway shall be used 
in the construction of the extension. 

Mr. McMillan. I have no objection to that. 

Mr. GORMAN. I wish tosay to the chairman of the committee 
in charge of this bill, that that roadway is the only great drive 
leading out from Brightwood to Maryland in that section of 
country, and it is one in which our people in Maryland have ex- 
pended a great deal of money in making an extension 20 or 30 
miles up into that delightful country. It is the only drive practi- 
cally we have now for any distance outside of the city, which is 
not obstructed by railroads. If this railroad from Brightwood 
to the District line is to be permitted to occupy the center of 
that roadway with the trolley system, it will be a great nuisance. 

I have no objection to the bill if the Senator will confine the 
company to one side of the roadway, and require them to put 
their tracks on the land to bo acquired by the company. 

Mr. McMillan. The road beyond Brightwood has been 
widened by the people owning property there some 15 or 18 feet, 
I have forgotten which. It is a very wide road. The company 
uses now a single track. The Commissioners can at any time 
change the tracks if they find they are injurious to the ])ublic in 
any way. So we did not put that provision in the substitute. 

I have no objection to an amendment to compel the company 
when they do put in a double track to lay it on one side of the 
road. 

Mr. GORMAN. I hope the Senator will prepare that amend- 
ment. He is familiar with the provisions of the bill, and I am 
not. 

Mr. McMillan, in line 16 of section 2 of the amendment, 
after the words " ti-oUey system," I move to insert: 

And when the corapauy lays Its double tracks from Brightwood to Ta- 
koma Park said traclis .shall be laid on one side of the said road. 

The amendment to the amendment was agreed to. 

Mr. SANDERS. I offer an amendment to the amendment of 
the committee. 

The PRESIDENT j) w tempore. The amendment will be stated. 

The Chief Clerk. After the word " midnight," in line Klof 
section 1 of the amendment of the committee, it is proposed to 
insert: 

And said street railroad company shall arrange for the transfer of its pas- 
sengers with any other street railroad which it may cros.s, or with which it 
connects in the District of Columbia for only one fare. 

Mr. McMillan. I have no objection to that amendment. 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The amendment was ordered to be engrossed, and the bill to be 
read a third time. 

The bill was read the third time, and passed. 

The title was amended, so as to read: "A bill to amend an act 
entitled 'An act to incorporate the Brightwood Railway Com- 
pany of the District of Columbia.'" 

Mr. McMillan. I move that the Senate insist upon its 
amendment, and ask for a conference with the House of Repre- 
sentatives. 

The motion was agreed to. 

By unanimous consent the President pro tempore was author- 
ized to appoint the conferees on the part of the Senate; andi^frr 
McMillan, Mr. Harris, and Mr. Perkins were appointed. 

BLACK KIV'ER BRIDGE, IN ARKANSAS. 

Mr. BERRY. I ask unanimous consent for the present con- 
sideration of House bill 9144, the pending bill being informally 
laid aside for that purpose. 



By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill (H. R. 0144) to establish a 
railroad bridge across the Black River, in Arkansas. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

EXTENSION OP CUSTOM.S PRIVILEGES TO DULUTH, MINN. 

Mr. WASHBURN. I ask unanimous consent for tlio present 
consideration of Senate bill .''.188. 

There being no objection, the Senate, as in Comraittej of the 
Whole, proceeded to consider the bill (S. .'flS8) to extend to 
Duluth, Minn., the privilege of immediate transportation of vwi- 
appraised merchandise. 

The bill was reported from the Committee on Commerce, with 
an amendment in line 3,- after the words '■ ])rovisions of," to in- 
sert " the first section;" so as to make the Ijill read: 

Be it enacted, tic. That the provisions of the lir.sl section of an act entitled 
"An act to amend the statutes in relation to immediate transportation of 
dutiable goods, and for other purposes," approved June 10, 188D, be, and tho 
same are hereby, extended to the port of Diilulh, Minn. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amrndment was concurred in. 

Tho bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

Tho title was amended so as to read: ''A bill to extend to Du- 
luth, Minn., tho privileges of the lirst section of an act entitled 
'An act to amend ihe statutes in relation to immediate trans- 
portation of dutiable goods, and for othor purposes,' approved 
June 10, ISSS." 

ADJUSTMENT OP ACCOUNTS U.NDER EIOHT-HOUR LAW. 

Mr. CAREY. I ask unanim'ius consent for the present con- 
sideration of Senate bill 127(). 

The PRE.SIDENT itrn tempore. Tlie Senator fr.)in Wyoming 
asks unanimous consent for the pi-esent consideration of a bill, 
the title of which will be stated. 

The Secretary. A bill (S. 127()) jiroviding for the adjust- 
mi'ut and payment of tho accounts of laborers and m chanics 
arising under the eight-hour law. 

The PRESIDENT pro tempoix'. Is there objection to the pres- 
ent consideration of the InUy 

Mr. SANDERS. Let it be read for information. 

Mr. CAREY. As the committee has rep,>rted a substitute I 
suggest that tho substitute only may be i-cad. 

Tiie PRESIDENT jjro (ci)iporc. That course will be followed 
in the absence of objection. 

The Chief Clerk read the amendment reported by the Commit- 
tee on Education and Labor, which was to strike out all after tho 
enacting clause of the bill and insert: 

That the statute of limitation shall not be interposed in an.v stut brought 
bj' any laborer, workman, or mechanic in the Court of (^lainis against the 
United States to recover wages claimed to be due him under the uutional 
eight-hour law; Provided, Tiiat such suits shall be commenced \\'itli!n three 
years from the passage of this act: And provided further. That any number 
"of claimants may join in the same siUt, and the court may tind in fav(»r of 
some and against some, as in law and eqiuty may be right, and both the 
claimants and the United States shall have the right to appeal to the Su- 
preme Court of the United State.s. irrespective of the amount claimed. 

Mr. COCKRELL. I move to amend the amendment in line 8 
by striking out the words "three years" and inserting "one 
year; '' so as to read: 

Provided, That such suits shall be commenced wit hiu one year from the 
passage of this act. 

Mr. CAREY. That is satisfactory. 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

Mr. CALL. I understand that this bill is the old controversy 
in relation to tho payment of a large amount of money for labor 
in excess of eight hours per day. It has been discussed before 
the Senate repeatedly, and has been, I believe, the subject of 
very decided differences of ojiiniou. I should not supijoso it is 
proper that such a bill should be passed under a rule which does 
not allow any discussion. 

Mr. CAREY. If the Senator from Florida will permit me, 
the committee have not attempted to report a bill to adjust these 
accounts. They merely want to give the men who are now 
barred by the statute of limitations the right to go tu the Court 
of Claims. It is not intended even to leave the title of the bill 
the sam£ as that of the bill which has b:en here before. It is 
srlSfSf^ remove the bar of the statute of limitations. 

Mr. CALL. The Court of Claims has no authority whatever 
to give any judgment upon this subject unless Congress author- 
izes them to do so, and Congress in authorizing them to do so 
must affirm the propriety of the claims if the facts areas alleged 
by the claimants. 

The question is whether Congress will authorize the taxation 



6268 



CONGRESSIONAL EECOED— SENATE. 



July 16, 



of the people o! this country to the extent of a great many mil- 
lion dollars to pay for extra labor which has been done by avery 
limited in'oportion of the people. I think there are very grave 
o-rounds of objection to it in the fact of the general distress of 
the country, and thiit the taxation which will be levied upon 
the great mass of the people to pay these few beneficiaries of 
thislaw, will bo a very great burden to them. For that reason 
I object to the consideration of the bill, unless wo can have full 
discussion upon it. 

The PRESIDENT pro tempore. The bill, being objected to, 
goes over. 

HENRY W. LEE. 

Mr. VILAS. I ask unanimous consent for the present con- 
sideration of Senate bill 2398. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill (S. 2;jllS) foi- the relief of 
Henry W. Le5. It proposes to direct the Secretary of the In- 
terior to inquire into and determine whatservices were rendered 
by Henry W. Lee, now of Stevens Point, Wis., to the Winne- 
bago Indians, or to any bands or families thereof, whether s\ich 
services were rendered at the request of or under any agree- 
ment with or accept.uice of such Indians, whether such services 
were of utility and value to such Indians, and deserving of com- 
pensation, and to fix upon the proper measure of th3 value of 
the same, not exceeding $1(1,000 and over and ab^ve any sum-> of 
money which may have been paid to Lee on account thereof; 
and if he shall determine that Lee is justly and e:iuitably enti- 
tled to any such sum or comjiensation as ho shall to lix, then to 
deduct the same from the aecoimts to be paid and distributed 
to the stray bands of Winnebagoes in Wisconsin, or to si;ch 
of them as ho shall find were justly answerable, in such yearly 
installments or portions as he shall think fit, and to pay the 
same to Lee in full discharge of all his claims. 

The bill was reported to the Senate without amendment, or- 
dered to be ensrrossed for a third reading, read the third time, 
and passed. 

SALE OF GOVERNMENT PROPERTY AT PITTSBURG, PA. 

Mr. QUAY. I ask unanimous consent of the Senate for the 
consideration of House bill 74.54. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill (H. K. 7454) authorizing 
and directing the sale of certain property belonging to the United 
States situate in Pittsburg, Pa. 

The bill was reported to the Senate without amendment, o 
derod to a third reading, read the third time, and passed. 

INDIAN REGENTS OF EDUCATION. 

Mr. PERKINS. On the 1st day of March I introduced the 
bill (S. 2412) to provide for the creation of a board of regents of 
education for the Indian and Oklahoma Territories, to define the 
powers, duties, and responsibilities of such board, and to provide 
for the purchase of certain lands from the Government of the 
United States, for the promotion of the indusirial and academic 
education of Indians and others. The bill was referred to the 
Committee on Indian Affairs. It has not beeuconsidercd by that 
committee since its reference, I think. The bill was p- epared by 
Rev. Dr. McVicker, who has been a missionary and e(lueat')r of 
the Indians almost all his life. The bill was recommended by 
the Commissioner of Indian Affairs and approved by the Secre- 
tary of the Interior, and at the request of thos3 g ntlemen I in- 
troduced it. It is a liill drafted for the purpose which I liave 
stated. 

I have no personal interest in the moasiu-e, a'ld it does not in 
any considerable degree affect the people whom I repres -ut. 
Since the introduction of the bill some feeling has be^n mani- 
fested in opposition to it by those who de-sire to settle upon the 
unoccupied Cherokee Outlet, who believe that that section of 
countrj' should be open to settlement. They have thoight thet 
some provisions of the bill wei'e inimical in tome way to their in- 
terests: that it might in some way rotar.I the opening of that 
section of country to settlement, and might in some way be oou- 
-strued as unfavor.ible to the legislation which is p -nding to ratify 
thj agreement with the Cherok'.-e Indians. 

I have been infavor of that legislation from the first. For many 
years, in fact, I have contended in Congress that the Cherokee 
Outlet ought to be open to the home-seekers of the country under 
the i)r;. visions of t'ie homestead law; and I would not offer any 
mias'irc in C :iigreso which tended in any way toeniDarrass that 
jiroposed legislation. 

In view of the op|ifisition which has been manifested to this 
bill and bjciuse of the fa^t I have stated, that I introduced it in 
the first place at th ■ requ.st of the officers an I persons whom I 
have named, a'ld b 'cause my constituency has no considerable 
interest in it — altho.igh I believe in many respects it is a wise 
me 's'-r ^ and in the enl would result in good to the people of 
().: aho.'na Teriitory as well as to the colored people and Indians 



who might in time avail themselves of the benefits of the law — 
yet in view of the circumstances I have stated, I ask unanimous 
consent that the Committee on Indian Affairs bo discharged 
from the further consideration of the bill and that it may be in- 
definitely postponed. 

The I'RESIDENT jjto tempore. The Senator from Kansas 
asks unanimous consent that the Committee on Indian Affairs 
be discharged from the further consideration of the bill named 
by him. Is there objection? 

"iMr. PLATT. Mr. President, I bjlieve I find myself the only 
member of the Committee on Indian Affairs in the Chamber at 
this time, and I do not like, finding myself in that position, to 
consent for the Committee on Indian Affairs that this bill, which 
has been referred to that committee, and which, although it has 
never been formally considered, has been a matter of considera- 
ble discussion before the committee, should be taken away in 
this summary manner and indefinitely postponed. It seems to 
me a very strange request. 

This is a bill which looks to providing a fund for Indian edu- 
cation in Oklahoma Territory, While there is a great deal in 
the bill which I should my.self criticise, I do not think the com- 
mittee should be discharged from the consideration of the sub- 
ject, and I feel bound to enter an objection. 

Mr. COCKKELL. I hope, then, the Senator from Kansas [Mr. 
Perkins] will have the formal motion entered, so that the Com- 
mittee on Indian Affairs will not waste their time in considering 
a bill which the Senate will probably never act ui>on favorably 
under any circumstances. 

Mr. PKRKINS. If in order, then, I move to discharge the 
Committee on Indian Affairs from the further consideration of 
the bill, and that it be indefinitely jiostponed. 

Mr. PLATT. Let that motion go on the Calendar, if it is a 
proper motion to go on the Calendar. 

The PRESIDENT pro ttmpiore. The unanimous consent asked 
by the Senatorfrom Kansas being objected to, the Senator enters 
a motion that the Committee on Indian Affairs be discharged 
from the further consideration of the bill, which motion, under 
the rules, will go to the Calendar under the objection made to 
its pres,.-nt consideration by the Senator from Connecticut [Mr, 
PlattJ. 

maryland and washington railway company, 

Mr, HARRIS, I ask for the consideration at this time of 
House bill 4(i()7, 

There being no objection, the bill (H. R, 4667) to incorporate 
the Maryland and Washington Railway Company was considered 
as in Committee of the Whole, 

Mr, SANDEU.S. I offer the amendment which I send to the 
desk, to come in as sections 2.! and 24, which will require the re- 
numbering of the last two sections of the bill. 

The PRESIDENT pro tempore. The amendment i)roposed by 
the Senator from Montana will be stated. 

The Secretary, It is propossd to insert as new sections the 
following: 

Sec. '.i3. That said corporation shall not have or issue any greater number 
of sharos of stock thau a*, the nominal value of auch shares shall equal the 
actual and necessary cost of the construction of such railroad, which sum 
shall tirst be ascertained and authorized upon petition therefor to the su- 
preme court of the District of Columbia, under such rules and regiUaiions 
as ihe chief justice and judges thereof shall prescribe efficient to limit the 
stock of such corporation in the aggregate to the actual and necessary cos; 
thereof. 

,SEe. 24. Tliat it it shall be desired by such corporation to issue bonds upon 
its said property, secured by mortgage or otherwise, upon petition therefor 
to snid court, setting forth the necessity thereof and the amount of stoct; 
issued and outstanduig, it may and shall be lawfnl for such court, or thi 
chief justice or justices thereof, as the case may be. or one of them, upon 
public notice, to be prescribed by the rules of the court, to permit the issu- 
r.n'e of such bonds and mortgage if desired: Prodded, h'lwecer, That an 
amount of stock equal uj the bonds so issued shall be first canceled. 

The PRESIDENT pro tempore. The question is on the amend- 
ment proposed by the Senator from Montana [Mr, S.vnders], 

Mr. HARRIS. This bill provides that the company shall not 
:'ss-ie stock beyond 10 ])er cent of the actual cost of construction, 
equipment, and condemnation. It does not provide for the issue ' 
of bonds at all, and I do not quite see the necessity for such an 
amendment as the .Senator from Montana suggests. The bill 
seems to be remarkably well guarded in all respects, I should 
not favor authorizing the issuance of stock beyond the actual 
cost of construction, equipment, and the matter of condemnation 
of the right of way, which is a i)art of the cost of the roadway of 
course. Beyond that jjoint I should not favor the issuance of 
stock. 

Mr. PRYE. Will the Senator allow me? 

Mr. HARRIS. Yes. 

Mr. FRYE. As I heard the amendment read, it did not pro- 
vide for the equipmontas wellas construction; but if the amend- 
ment is adopted at all, clearly it ought to cover the equipment 
as well as the construction of the road. 

Mr. HARRIS. Of course, but I am inclined to think the Sen- 



1892. 



CONGRESSIONAL EECORD— SENATE. 



The amondment was agreed to. 

The next amendment was, at the beginning of page 51 to insert: 

Relief of George T. Larkin: To reinibursa George T. Larkln. late deputy 

garshal, eastern district of Tennessee, for expenses lucurred in his defense 
the State and Federal courts on an indictment for killing In self-defense 
& citizen of said State while resisting arrest, and In full compensation of all 
claims on account thereof, $692.55. 

The amondment was agreed to. 

The next amendment was, on page 51, after line 7, to insert: 

Relief of Allen K.English: To pay Allen R. English for services rendered 
under appointment of the court in defending certain Indians charged with 
crime at the October term, 1889, of the first judicial district court of the 
Territory of Arizona. 1800. 

The amendment was agreed to. 

The next amendment was, on page 51, after line 21, to insert: 

SENATE. 

To reimburse Hon. Fbbd. T. Dubois, Senator from the State of Idaho, for 
expenses incurred in defending his right to a seat In the Senate as Senator 
from said State, JS.OOO. 

The amendment was agreed to. 

The next amendment was, on page 52, after line 2, to insert: 

To pay William H. Clagett. in full compensation for his time and expense 
Incurred In prosecuting his claims to a seat In the Senate as a Senator from 
the State of Idaho, $4,000. 

The amendment was agreed to. 

The next amendment was, on page 52, after line 6, to insert : 

To pay R. H. M. Dai-ldson, in full compensation tor his time and expenses 

Incurred In prosecutin.c; his claims to a seat in the Senate as a Senator from 

the State of Florida, Jl.eso. 

The amendment was agreed to. 

The next amendment was, on page 52, after line 10, to insert: 
For payment to the legal representatives ol the Hon. John S. Barbour, 
deceased, Iat« a Senator of the United States from the State of Virginia. 
$6,000. 

The amendment was agreed to. 

The next dmondment was, on page 52, after line 13, to insert: 

For payment to the widow of the Hon. Preston B. Plumb, deceased, late a 
Senator of the United States from the State of Kansas, *5,000. 

The amendment was agreed to. 

The next amondment was, on page 52, after line 16, to insert: 

To pay ex-Senator Alexander McDonald, under SenatSresolution of March 
3,1691,86,502.29. 

The amendment was agreed to. 

The next amendment was, on page 52, after line 20, to insert: 
To reimburse the Official Reporter of the Senate for moneys paid by him 
during the present session for clerical hire and extra clerical' services, te.ouo. 

The amendment was agreed to. 

The next amendment was, on page 52, after line 23, to insert: 
To pay clerks to Senators and per diem clerks to committees retained in 

the service of the Senate dm'ing the recess of the Fifty-first Congress, tinder 

resolution of the Senate of September 30. 1890, *21,600. 

The amendment was agreed to. 

The next amendment was, on page 53, after line 3, to insert: 
For one month's extra pay to regular offlcers and employes of the Senate, 
who were borne upon Its annual or session roll for the whole of the second 
session of the Fifty-first Congress and who were not provided for and paid 
under the clause in the general deficiency bill, being the act approved March 
3, 1891, giving one mouth's extra pay to the ofUcers and employes of the 
House and Senate borne on the annual and session rolls both on the 1st day 
of October, 1S90, and the 3d day of March, 1891, $2,000, or so much thereof as 
may be necessary. 

Mr. HALE. After the word '•thousand," in line 14, I move 
to insert "five hundred and eighty-five;'' so as to read, $2,585." 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The next amendment was, on page 53, after line 14, to insert: 
To pay Isaac Hamburger, clerk to the Committee to Examine the Several 
Branches of the Civil Service, for eight davs' services, from December 13 to 
35. inclusive, 1891, W8. 

The amendment was agreed to. 

The next amendment was, on page 53, after line 18, to iasert: 
To pay William H. H. Hart, in full compensation lor his claim for services 
as janitor under the Sergeant-at-Arms of the Senate during fiscal years 1887 
and 1888, aS17.50. 

The amendment was agreed to. 

The next amondment was, on page 53, after line 23, to insert: 
For contingent expenses, namely; 
For miscellaneous Items, exclusive ol labor, $3,000. 

For expenses of inquiries and Investigations ordered bv the Senate. $3,000. 
For services in cleaming. repairing, and varni.shing furiiiture, $156.43. 

The amendment was agreed to. 

The next amendment was, on page 54, under the head of '■ House 
of Representatives," after line 1, to insert: 

To pay to the widows and legal representatives of deceased members of 
the House, $5,000. 

The amendment was agreed to. 
Mr. HALE. I move to insert, after line 9: 
For payment to contestants and contestees in election cases, $1,000. 
Mr. COCKRELL. That is put in at the request of members 
of the other House? 
Mr. HALE. Yes. I 



The amendment was agreed to. 

The next amendment of the Committee on Appropriations was, 
on page .55. line 18, to strike out the name of "Frank T. Doyle'' 
and insert " Frank P. Doyle;" so as to make the clause read: 

To Frank F. Doyle. $34.25. 

The amendment was agreed to. 

The next amendmentwas, in the appropriationsjor "judgments, 
United States courts, "on page 57, line 9, after the number" 243," 

to insert "and Senate Executive Document numbered ;" and 

in line 10,after the blank, to strike out "eleven thousand six hun- 
dred and sixty-five dollars and thirty-three" and insert "thirteen 
thousand nine hundred and fifty-seven dollars and forty-three;" 
so as to make the clause read: 

For payment of the flnal judgments and decrees, including costs of suit, 
which have been rendered under the provisions of the act of March 3, 1887, 
entitled "An act to provide for the bringing of suits against the Government 
of the United Stat.s.' certified to Congress at its present session bv the At- 
torney-Genrral in House Executive Documents numbered 9 and 243 and .Sen- 
ate Executive Uoruiiu-nt numbered , $13,957.43 cents, together with such 

additional sum as may be necessary to pay interest on the respective judg- 
uients. at the rate of 4 per cent per annum from the date thereof imtil the 
time this appropriation is made. 

Mr. HALE. I move to fill the blank in line 10 with "one hun- 
dred and thirty-Bix." 

The amendment to the amendment was agi'eed to. 

The amendment as amended was ageeed to. 

The next amendment was, in the appropriations "for payment 
of judgments of the Court of Claims," on page U2. after line 4, to 
insert: 

To the Michigan Central Railroad Company, $1..S2I: 

To William S. Rosecrans. $445.60: 

To the Alabama Great Southern Railroad Comjianv. $4, .343.61. and interest 
on thi.s judgment from February 13. 1860, to January 18, 1892, $335 .58- 

To William II. Woolverton, $46,580; 

To William H. Strong. $123.80; 

To Sarah A. Harris, administratrix o£ William P. Harris, $269; 

To Philip A. Hovne, $,546.65; 

To James J. McNew. $62.20: 

To Howard D. Spencer. $371.10; 

To Francis Bloodgood. .$3,382.75; 

To James Brizzolara. $797.10; 

To James C. Strong. $474.70; 

To Alfred E. Buck. $2,340.85; 

To J. M. Brown. $.58.15: 

To Joseph C. Wilson, $336.50; 

To Jo.seph C. Wils.m, $96: 

To Grant Jarvis. administrator of John Mefford, $529.80; 

To Willi.am Wilson. $190; 

To Thomas W. Campbell, $2.54; 

To George W. Henderson. $126; 

To Robert S. Fi-iend. $709.80; 

To Alfred E. Buck, $330.90; 

To G. G. Eaves, $351.95; 

To Thomas R. Morgan, $159.85. 

To John M. Laudon. $374.70. 

To J. A. Thorn. $6I4.;«. 

To A. T. Suinmev, $465..5n. 

ToThom.asB. Ford. $2.59.40. 

To William II. StroUE. $3.4;i9.53. 

To Warren Green. $1.. 545.83. 

To William H. Hunter, $.569.1.5. 

To Sampson Willi;inis, H 11.70. 

To Benjamin 1'. Seals, .$(;.i2.7.5. 

To George W. Hlankenship. -tl 16.30. 

To Anson C. Merrick. $726.05. 

To William D. Ramev. $443.50: 

To John E. Pound. $;i70.75; 

To Charles C. Waters, $118.:i".; 

To Chapel W. Tweed. $193.40; 

To Thomas E. Goodwin, admiiiistratoi'or John C. Moore, $-169.84; 

To Stephen C. McCandless. $367.50; 

To Edward T. Jones, $59.70: 

To Alfred B. Gettv. $358.20; 

To Christopher Dart. $2.;«5.45: 

To Richard A. Donnelly. $307.60; 

To John W. Burton, $.389.45: 

To William G. C.antrell. $18.5.15: 

ToHeni-y H. Kirkpatrick. $1,189.85: 

To Henry N. V.'ayne. administrator (le bonis noil of James M. Wavne. 
$1,139.97: 

To John T. Patterson, $409.25: 

To Thomas R. Jernlgan, $3,385; 

To William G. Bogle, *8C0; 

To Isaac C. Fowler, $1,361.81; 

To William N. Payne, $1,080.45; 

To James E. Reed, $97,5.60: 

To William H. Fawcett, $313.70; 

To Richard P. Morle, $285.65; 

To William H. Hunter. •$401.27; 

To Stanley W. Martin, executor of Charles M.artin. $3,623.95; 

To Stephen Wheeler, $1,739.55; 

To S. B. Noe, $326; 

To Mattie H. Leak, administratrix of Joseph F. Leak, $113; 

To Bushrod W. Bell, $:)72.45: 

To Henry C. Cowles, $470.35: 

To Madison J. Julian, $484.80; 

To William P. Drvden. $245; 

To Angelo C. Scott, $144.60; 

To Robert Barber, $.397.05; 

To John M. Tinnev. $335: 

To Eugene O'Locke, $371.40; 

To McLaln Jones, $1,190.05; 

To Edward Kurtz. .$386.15; 

To William W. Gilbert, $198.95; 

To William E. Singleton, $1,091,69; 

To H. C. H;imilton, $1,594.95; 



XXIII- 



-393 



6274 



CONGRESSIONAL RECORD-SENATE. 



July 1G, 



?S ^ilkS?r^SSl?°^m...or Of Robert S. La Motle, S200; 

SLrv E^ £>^i:^\SSni^atrIx of Andrew W. Brazeo, $382.V3 

To lUlshvod W. Bell, S408; 

To Joseph W. Dlmmick, Sl,4.J.OO, 

To Nathaniel McKay, $lhi,U)/ ; 

To Koljert Darljer, 5J)-19.50; 

To William A. Allen »1618n; 

To Daniel D. Paries, f660.20; 

To Daniel N. Cooper, $889.24; 

To Richard Jones, «'3-W .„ 

To James W. Hoeker, fWi\~l;, 

To William Mnlrheid, $4,499.64; 

To Joseph Kicketts, S295.10; 

?S (htiuSnM??eatliu?hern Railroad Company, 53,418.31; 

To William D. McKinstry, $1,322.01; 

To William L. (Joodwln, $76". 10; 

To Boon Gra^vtord, $211.70; 

To Benjamin Z. Herndon, *1»>0.''=> 

To Andrew McAllister, $3,320.30; 

To C. U. Matthews, $3,352.24: 

To W. W. White, $3,0ti9.08; 

To C. 0. Willis, $2,935.07; 

To W. Stuart Smith, $3,311.23; 

To B. C. Samp.son, $3,243.25; 

To Kenneth McAlpine, $3,454.,., ; 

To 1). C. Kedgrave, .'r3,367.»9; 
To Albert Moritz. $3,409.57; 

To H. G. Leopold, $2,967.12; 

To John O. Leonard, »3.779.!2; 

To Gtistave KaemmerllnK, S2,«i J.04, 

To K. B. Hlggins, $2,420.15; 

To W. B. Day, $2.794.91 ; 

To F. H. Conant, $2,504.89; 

To Floyd Banksou, $2,900.91; 

To Solon Arnold, $3,692.87; 

To M. A. Anderson, $3,295.39; n i,„ UT irv,.,1 ■' 

Mr HALE. Inline 5, on page U, the name shouldbo Llojd 
ir<;tpn.(l of " Flovd; " SO as to read " Lloyd Bankson. 
'■^Thc PRESIDING OFFICER. That correction will te mado^ 

Mr HALE At the end of the amendment, after line 10, 1 
move' to insert the following additional claims: ...f,,.,.. 

To \masa A. Redlield, receiver and assignee of William Mitchell, 815.01^33, 

To .\. J. Houston, $93.80; 

To Stephen M. Dickey, $22l); 

To Henry D. Fitzgerald. $234.2.i; 

To Samuel Henry. $302.15; 

To John W. Payne, $278.7.i. 

To Charles L. Smathers. $lGi.O.. i i • 9 

Mr. COCKRELL. Tho.se judgments were reported since. 

Mr'. HALE. Yes. 

Ml-. COCKRELL. Thoy are tht 
the others? 

The presiding' OFFICER. The question is on agreeing to 
the amendment of the Senator from Maine to the amendment of 
the committee. - 

Tlie amendment to the amendment was agreed to. 

The amendment as amended was agreed to. ;„*;„„= 

The next amendment of the Committee on Appropriations 
was on page 71 , line 10, to increase the total amount of the ap- 
priatkml '"for ptiyment of judgments of the Court of Claims" 
from '-SOi.iiS.VS" to "$3>)0,035.87." 

Mr COCKRELL. That must be amended. 

The PRESIDING OFFICER. The footing will have to bo 

''^Mr^COCKRKLL. It must Ije amended by adding to it the 
amount contained in the amendment to the amendment 

The PRESIDING OFFICER. That will be included. The 
Clerks will change the footing in the ahsenctj of objection. 

Mr. HALE. The tru, total, if the Clerks will make the change , 
and I call the attention of the Senate to it, wi 1 be $407,049.87. 

The PRESIDING OFFICER. The total will bo corrected, so 
as to read '-$407, 049.87, ''and the amendment of the committee as 

amended will be agreed to. , .. i- o.-> „„ „orra Tr, 

The reading of the bill was continued to lino 22, on page lo. 
Mr HARRIS. I wish to ask the Senator in charge of the 
bill if the appropriation tor tees of district attorneys of the United 
Stales courts in the item just read, or any other lump i^em, in- 
clud.-s a balance due Henry W. McCorry, late district attorney 
for West Tennessee. I am aware of the fact that there is an un- 
paid balance of $1,300 cr $1,400. 

Mr. HALE. It docs include it. , ,^ i q 

Mr. HARRIS. It does include it in one of these lump sums? 
ATi' TTALE Yes 

The reading of the bill was resumed. The next amendment 
of the Committee on Appropriations in section 2, was, under the 
head of "Navy Department claims allowed by the Fourth Aud- 
itor and Second Comptroller," on page 83, to strike out the clause 
from line 10 to line 22, inclusive, in the following words: 



same kind of judgments as 



That hereafter officers serving on receiving ships training and practice 
shins when not cruising, shall be considered as on shore duty, and entitled 
to shire dirtvpU- and the accounting officers of the Treasury are prohib ted 
{?om^ Uowin/^redit to any disbursing ofllcers of the Navy who may allow 
or pay such offlc<'rs other than shore-duty pay while so ser\ mg. 
The amendment was agreed to. 



The nextamendmcnl was, in section 2, on page 35, after line 
16, to insert: 
For relief of sufferers by wreck of the Huron, $loo. 
The amendment was agreed to. , ,. . q» 

The reading of the bill was continued to lino o,on page »o. 

MESSAGE FROM THE HOUSE. 

A mcssao-e from the House of Representatives, by Mr. James 
Kerr, its Clerk, returned to the Senate, in compliance with its 
revest, the bill (S. 3325) granting an increase oi pension to 

'^Thf^'i^s'sa^e' also announced that the House insisted on its 
amendment to the bill (S. 2171) to amend section ,60 of the Re- 
vised Statutes of the United States, agreed *« tl^^ °°°^^^°^| 
asked by the Senate on the disagreeing votes of th° two Hotises 
thereon, and had appointed Mr. GOODNIGHT, Mr. Buchan.xn of 
Virginia, and Mr. Buchanan of New Jersey managers at the 
conference on the part of the House. 

ENROLLED BILLS SIGNED. 

The messa<^e also announced that the Speaker of the House 
had sio-ned the following enrolled bills; and thoy were there- 
upon signed by the President /.ro/nnpore; 

A bill (H R. 4871) fw the relief of John McMahan, 

A bill (H. R. 5396) for the relief of W. H. Howard:_ . 

A bill H R. G792 granting to the county of Mariposa, m the 
State of Ca'lifornia, the right of way for a free ^T^gon i^o^ or 
turnpike across the Yosomite National Park m said btatc, and 

A bill (H R 7093) making appropriations for the naval ser\ ice 
foi the fiscal year ending June 30, 1893, and for other purposes. 

ALLEYS IN THE CITY OF WASHINGTON. 

INfi^'McMILLAN submitted the following report: 

iiipiliSiiiii 

'""lEaa" All acts a.id part's ofacts inconsistent with the provlsiansof this 
act are hereby repealed." 

^itctwgnfaung'ttecon.struotionof buildings along alleyways In the 
District of Columbia." 
And that the senate agree to the same. ^ ^ WOLCOTT, 

JAMES McJIILL'aN, 
CHAS. J. FAULKNER, 
ilanuiji'rs on l/ie part of the Senate. 
JNO. J. HEMPHILL, 
JNG. T. HEARD, 
A. C. HARM.EK, 
Managers on the part of the House. 

The report was concurred in. , ,, . , 

Mr McMillan submitted the following report: 

^TSheHoSre'recedefromltsdisagre^tnent to the amendment of theSeu- 
^%'o^^^nTo?i^^it^<^T^^^^^rni'^^-^... the words "necesaary for 
'^" ^;.^W.d'That;'ifthe o°^^^^^^^^^ extension, widening, or straightening o£ an 

stand as section 10. 
And that the Senate agi-ce to Uie same. ^^ ^ woLCOTT, 

JAMES MCMILLAN, 
CHAS. J. FAULKNER. 
Managers on the part oj the Senate. 
JNO. .1. HEMPHILL, 
JNO. T. HEARD, 
A. C. HARMER, 
Maiia'jers on the part of the House. 

The report was concurred in. 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



6313 



the late war; which was referred to the House Calendar, and, 
with the accompanj-ingf report, ordered to be printed. 

JURISDICTION OF THE POLICE COURT IN THE DISTRICT OF 
COLUMBIA. 

Mr. BOATNER, from the Committee on the Judiciary, re- 
ported back favorably the bill {S.3011)toamend "An act todetine 
the jurisdiction of the police court of the District of Columbia;" 
approved March 3, 1891; which was referred to the House Calen- 
dar, and, with the accompanying report, ordered to be printed. 

ADMISSION OF THE INDIAN TERRITORY AS A STATE. 

Mr. ROCKWELL, from the Committee on Indian Affairs, re- 
ported back favorably a resolution in lieu of the resolution of 
inquiry relative to the admission of the Indian Territory as a 
State; which was referred to the Committee of the Whole 'House 
on the state of the Union, and, with the accompanying report, 
ordered to be printed. 

The original resolution was laid on the table. 

DONATION FOR SCHOOL PURPOSES, HOT SPRINGS, ARK. 

Mr. TERRY. Before the gentleman from Texas [Mr. Sayers] 
moves tu adjourn I ask unanimous consent for the consideration 
of a bill to which I am satisfied there will be no objection. 

The Clerk read as follows: 
A bill (H. R. ^059) to authorize sale of lot 8, block 93, city of Hot Springs, by 
school dii-ectors thereof, and use of proceeds for school purposes. 

Be it enacted, etc.. That the directors of the school district of the city of 
Hot Springs, Ark., are hereby authorized to sell and convey, at private or 
public sale, lot 8 iublock 93 on Ou.achita avenue In said city, as shown by 
the survey and plat of the United States Commissioners for Hot Springs, 
heretofore designated and set apart by the Secretary of the Interior as site 
for school-house, under act approved June 16, 1880, and to apply the proceeds 
of such sale for the benefit o( common schools of said city. 

Mr. TERRY. <Mr. Speaker, this bill has been unanimously 
reported. The lot to which the bill refers has already been given 
by the United States to the school district of Hot Springs. It 
was one of several little lots donated for school sites. The school 
district commissioners have found an opportunity to buy a build- 
ing for a schoolhouse cheaper than they could put up one: and 
on account of the location being such that they do not now want 
toerect a building on this lot, they ask the Government to per- 
mit them to sell it and use the money for school purposes. 

Mr. BAILEY. The bill carries no charge upon the Treasury? 

Mr. TERRY. T^oae at all. " 

There being no objection, the House proceeded to the consid- 
eration of the bill; which was ordered to be engrossed and read a 
third time; and it was accordingly read the third time, and passed. 

On motion of Mr. TERRY, a motion to reconsider the last vote 
was laid on the table. 

BRIG RUSSELL. 

Mr. MANSUR, from the Committee on Claims, reported back 
the spoliation claim of the brig Russell, and moved its reference 
to the Committee on Appropriations: which was agreed to. 

And then, on motion of Mr. Sayers (at .J o'clock and 15 min- 
utes p. m.) the House adjourned untU Monday next. 



REPORTS OF COMMITTEES. 

Under ,clause 2 of Rule XIII, private bills and resolutions were 
severally reported from committees, delivered to the Clerk, and 
referred to the Committee of the Whole House, as follows: 

By Mr. CUMMINGS, from the Committee on the Library: 
A joint resolution (S. R. 93) granting permission to e.xhibit in 
the Capitol the portrait of Gen. Thomas, painted by Caroline 
L. Ransom. (Report Xo. 1923.) 

By Mr. COBB of Missouri, from the Committee on War Claims: 
A resolution to refer to the Court of Claims the bill (H. R. 3779 
for the relief of John Dieters. (Report No. 1924.) 

By Mr. WAUGH, from the Committee on Pensions: A bill (H. 
R. 4320) granting a pension to Thomas Kennedy. (Report No. 

By Mr. WILSON of Missouri, from the Committee on Pen- 
sions: 

A bill (H. R. 8492) granting an increase of pension to Mrs. Le- 
venia D. Athon. (Report No. 1930.) 

A bill (H. R. 6718) to increase the pension of L.D.Owen (Re- 
port No. 19.31.) * 

A bill (H. R. 7008) for the relief of Mrs. Susan C. Byrd, widow 
of Hugh L. Byrd, deceased. (Report No. 1932.) 

adverse reports. 

Under clause 2 of Rule XIII, adverse reports were delivered to 
the Clerk and laid on the table, as follows: 

By Mr. MARTIN, from the Committee on Invalid Pensions- 
A bill (H. R. 1783) granting a pension to Honora Shea. (Renort 
No. 1928.) '^ 



BILLS, MEMORIALS, AND RESOLUTIONS. 

Under clause 3 of Rule XXII. bills of th 5 following titles were 
introduced and severally referx-ed as follows: 

By Mr. WHITE (by request): A bill (H.R. 9503) to prohibit 
the coinage of gold— to the- Committee on Coinage, Weights, and 
Measiu-es. 

— Kj. .J«f JiJii^CREARY: A bill (H. R. 9564) to regulate the terms 
of tlie circuit courts of the United States in the district ol Ken- 
tucky, and for other purposes— to the Committee on the Judiciary 

By Mr. HOUK of Tennessee: A bill (H.R. 9565) to authorize 
the purchase of the library of historical manuscripts and printed 
books belonging to the estate of the late George Bancroft- to 
Comihittee on the Library. 

By Mr. WHITING: A bill (H. R. 9506) to reduce the duty on 
certain manufactures of iron and steel— to the Committee on 
Ways and Means. 

By Mr. HOPKINS of Pennsylvania: A resolution asking for in- 
formation from the Attorney-General as to steps taken to piuiish 
members of sugar trusts and others for illegal combination to 
raise, control, and arbitrarily regulate the price of an article of 
food — to the Committee on the Judiciary. 

By Mr. DALZELL: A resolution calling for information from 
the Secretary of the Treasury as to amounts of taxes paid by na- 
tional and other banks, and as to losses by holders of national 
and of State banks, etc.— to the Committee on Ways and Means. 



PRIVATE BILLS, ETC. 

Under clause 1 of Rule XXII. private bills of the following 
titles were presented and referred as indicated below: 

By Mr. BRYAN: A bill (H. R. 9567) to pension William T. 
Hutton— to the Committee on Invalid Pensions. 

By Mr. BYRNS: A bill (H. R. 9568) for the relief of John 
Long— to the Committee on Invalid Pensions. 

By Mr. CATCHINGS: A bill (H. R. 9509) fixing the compen- 
sation of the assistant attorneys in the Department of Justice— 
to the Committee on the Judiciary. 

By Mr. COBURN: A bill (H. R. 9570) for the relief of Mary 
Mui-ry— to the Committee on Invalid Pensions. 

By Mr. GOODNIGHT: A bill (H. R. 9571 jforthe relief of Mrs. 
Kate Sohan, of Bowling Green, Ky.— to the Committee on War 
Claims. 

By Mr. RUSK: A bill (H. R. 9572) for the relief of Charles 
Milske— to the Committse on Military Affairs. 

By Mr. STONE of Kentucky: A bill (H. R. 9573) for the relief 
of John W. Bradburn— to the Committee on Military Affairs. 

By Mr. WINN: A bill (H. R. 9574) for the relief of Jones's bat- 
talion of Georgia State Troops— to the Committee on War 
Claims. 



PETITIONS, ETC. 

Under clause 1 of Rule X.KII. the following petitions and 
papers were laid on the Clerk's desk and referred as follows- 

By Mr. BRECKINRIDGE of Arkansas: Petition of 9 citizens 
of Pine Bluff, Ark. , against closing the World's Fair on Sundays— 
to the Select Committee on the Columbian Exposition. 

By Mr. COBURN: Petition of G. Van Steenwyk and others, 
in favor of an amendment to the Constitution— to the Committee 
on the Judiciary. 

By Mr. CRISP: Letter from the Universal Peace Union, in- 
viting Representatives in Congress to attend the Inter-Parlia- 
mentary Peace Conference, to be held in Berne. Switzerland, 
August 28, 1892— to the Committee on Foreign Affairs. 

By Mr. GOODNIGHT: Evidence to accompany House bill for 
the relief of Mrs. Kate Sohan— to the Committee on War Claims 

By Mr. BARTER: Papers for the relief of Mrs. Nacy Curren, 
to accompany House bill 9096— to the Committee on Invalid Pen- 
sions. 

By Mr. HENDERSON of Iowa: Resolutions adopted at a mass 
meeting of the colored citizens of Chicago, 111., July 9, 1892, urg- 
ing that .$200,000 be set apart by Congress for the purpose of 
gathering statistics of the colored race— to the Select Commit- 
ttee on the Columbian Exposition. 

By Mr. HOPKINS of Pennsylvania: Petition of Local Assem- 
bly No. 4708, Knights of Labor, of Marsh Hill, Lycoming County, 
Pa., praying Congress to appropriate no money for the World's 
Fair purposes until certain labor difficulties in connection there- 
with have been settled— to the Select Committee on the Colum- 
bian Exposition. 

By Mr. HUFF: Petitions of St. Mark's Evangelical Lutheran 
Church, Washington Township, Armstrong County, Pa., Moitnt 
Pleasant Baptist Church, of Corsica, Jefferson County, Pa., and 
from the O. Y. P. S. C. U., of Saltsburg, Indiana County, Pa., 
praying for the closing of the World's Columbian Exjioiition on 
Sunday— to the Select Committee on the Columbian Exposition. 



6:314 



CONGRESSIONAL RECOED— SENATE, 



July 18, 



BvMr LYNCH: Ramonstrancoof A. G. Hughes and 50 others 
of d ■aeiisbiu-v. Wis., a-^ainst closing tho V\roi-ld's Pair on Sun- 
dav— to the Select Committee on the Columbian Expcsition. 

Bv Mr. MITCHKLL: Resolutions adopted by Federated Trades 
Council of the city of Milwaukee, denouncing- the practice of em- 
ploying Pinkertons by private corporations, and asking- for pi-o- 
hibitive luo-isUition— to the C;)mmittcc on the Judiciary. 

By Mr. Si\OW: Petition of citizens of Kankakee, Kankakee 
County, 111., against Ictjislatiou in regard to Sunday closing of 
the World's Columbian Exposition— to tho Select Committee on 
the Columbian Exposition. 

B',' Mr. STONK of Kentuckv: Papers to accompany bill lor 
the relief of .John W. Bradburn— to tlie Committee on Military 
Affairs. , . , 

By Mr. VIN^CEXT A. TAYLOR: Petition of citizens of Ark, 
Ohio, favoring amendment to tho Constitution of the United 
States providing that no State shall pass any law respecting- the 
establishment or prohibition of religion giving aid in any way 
to a-iy reli'i-ious society — to the Committee on tho Judiciary. 

B: Mr. 'i'lLLMAN: Petiti(Mi of R. B.Toole and 17 others of 
Aiken County, S.C, remonstrating against tho passage of the 
Brosius la:-d'bill, H. R. 395, and praying for the passage of the 
Paddock ])uro-fcod bill— to the Committee on Agriculture. 

Bv Mr. WILLCOX: Petition of citizensof New Haven, Conn., 
rela'ting to the opening of the World's Fair on Sunday— to the 
Select Committee on the Columbian Exposition. 

By Mr. WILSON of West Virginia: Petition of Mary R. Pack- 
ett,'late of Jeiterson County, W.'Va., prayingthat herwar claim 
be referred to the Court of Claims under the provisions of the 
Bowman act— to the Committee on War Claims. 

Also, petition of J. S. Brick and others, of Mineral County, W. 
Va.. in favor of House bill 401— to the Select Committee on Im- 
migration and Naturalization. 

Also, pi-tition of the Congregation of the Methodist Episcopal 
Church of Bayard, W. Va., 150 members, against opening the 
World's Fair on Sunday —to the Select Committee on the Colum- 
bian Exposition. 



SENATE, 

JIONDAY, July IS, 1SD2. 

Prayer by the Chaplain, Rev, J. G. Butler, D. D. 
The' Journal of the proceedings of Saturday last was read and 
approved. 

EXECUTIVE COMMUNICATIONS. 

The PRESIDENT irm tempore, laid before tho Senate a com- 
munication from the Secretary of the Treasury, recommending 
that aulhoritv bj given to the accounting officers of the Treas- 
ury to audit and allow the claim of James W. Sehaumburg, as 
requested in a letter of Secretary Folger dated July 11, 1882, di- 
rected to the chairman of the Senate Committee on Appropria- 
tions; which -was ordered to be printed, and, with tho accom- 
panying document, referred to the Committee on Appropriations. 

OFFICERS AND EMPLOYES OF GEOLOGICAL SURVEY. 

The PRESIDENT pro tempore laid before the Senate a com- 
munication from the Director of tho Geological Survey, trans- 
mitting, in response to a resolution of the 1.5th instant, certain 
information in I'egard to the officers and employes connected 
with that survey; which was read. 

The PRESIDENT jjro tempore. The Chair calls the attention 
of the Senator from Colorado [Mr. WolcottJ to the communi- 
cation which has just lieen read. The recollection of the Chair 
is that it is transmitted to the Senate in response to a resolution 
introduced by tho Senator from Colorado. 

Mr. WOLCOTT. The resolution in response to which the 
commvmication was sent to the Senate was introduced by the 
Senator from Wyoming [Mr. Carey]. In his absence, I move 
that it lie on the table for the present, 

Mr. ALLISON. And bo printed. 

The PRESIDENT pro tempore. The communication, with the 
accompanying papers, will lie on the table and be printed. 

FORTIFICATION APPROPRIATION BILL. 

The PRESIDENT p ro tempore laid before the Senate the action 
of the House of Representatives disagreeing to the amendments 
of the Senate to tho bill (H. R. 8533) making appropriations for 
fortifications and other works of defense, for tho amendment 
thereof, foi- the prccurement of heavy ordnance for trial and serv- 
ica, and for other purposes, and rocxuesting "a conference with 
the Senate on the disagreeing votes of the two Houses thereon. 

Mr. GORMAN. I move that the Senate insist upon its amend- 
ments asd agree to the conference asked by the House of Rep- 
resentatives. 

The motion was agreed to. 



By unanimous consent, the President jji'O tempore was author- 
ized to api:oint the conferees on tho psrt of the Senate, and Mr. 
Gorman, Mr. Stewart, and Mr. Allison were appointed, 

message from the house. 

A message from tho House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had pa.ssed 
the following bills; in which it requested tho concurrence of the 
Senate; 

A bill (H. R. 730) for the relief of James A. Finley: 

A bill (H. R. 1002) granting a pension to Louis Heuinger, of 
St. Louis, Mo.; 

A bill (H. R. 1117) for tho relief of Mrs. M. E. Arnold: 

A bill (H, R. 1()87) to Correct the military record of Calvin 
Daniel, deceased;, 

A bill (H, R. 1742) for the relief of Mrs. Laura E. Skeels; 

A bill (H. R. 1784) granting a pension to James Reed, jr.: 

A bill (H. R. 201)8) granting a pension to William H. Brewer; 

A bill (H. R, 208()) granting a pension to Miss Mary E. Hull, 
dependent sister of John A. Hull, deceased, late of Company F, 
Eighty-first Regiment of Illinois Volunteer Infantry, in the late 
war of the reliellion; 

A bill (H. R. 2399) granting a pension to .lohn ISIercer: 

A bill (H. R. 2400) granting a pension to Willis Luttrell; 

A bill (H. R. 242S) granting a pension to Mary O'Connor: 

A bill (H. R, 2429) granting a pension to Elizabeth Harley; 

A bill (H, R. 2432) for the relief of Lansing Shear; 

A bill (H. R. 2935) to remove the chargoof desertion from the 
military record of William N. Pringle; 

A bill (II. II. 3170) granting a pension to Sarah A. Noble; 

A bill (H. R. 3203) granting a pension to NAncy Campbell; 

A bill (H. R. 4034) to increase the pension of John D. Prator; 

A bill (H. R. 4215) to correct the military i-ecord of Capt. 
William C. Knowlton; 

A bill (H. R, 4283) to pension ]\Iary Venard, late hospital 
nurse: 

A bill (H. R. 4385) to pension Nathan Falkner, of Saline County, 
Ark." 

A bill (H. R. 4753) granting a pension to Sarali L. Ronaldson; 

A bill (H. R. 4808) for tho relief of James II. Willey: 

A bill (H, R. 4809) granting a pension to James Smith; 

A bill (H. R. 4815) granting an increase of pension to Walter 
Barrett; 

A bill (H. R. 494G) to grant a pension to Anna Torrence; 

A bill (H. R. 5012) to increase the pension of Thomas Enlow; 

A bill (H. R. 5059) to authorize sale of lot 8, block 93, city of 
Hot Springs, by school directors thereof, and use of proceeds for 
school purposes; 

A Ijill (H. R. 5508) to place the name of Sabra A. Wolcottupon 
the i)cnsion rolls; 

A bill (H. R. .5518) to nension Reuben Riggs; 

A bill (H. R. 5519) for the relief of Daniel Eldridge, Company 

D, Fifteenth Illinois Volunteers: 

A bill (H. R. 5649) for tho relief of Lieut. F. W. Davis and 
granting him an honorable discharge; 
A bill (H. R. 5809) for the relief of Archie St. Clair and Charles 

E. Rogers; 

A bill (H. R. 0117) for the relief of Mrs. Mary Ann Ross, for- 
merly Coats, late of Pike County, 111., but now of Marceline, Mo.; 

A bill (H. R. 0279) granting a pension to Henry J. Altis; 

A bill (H. 11. 0302) to increase the pension of Louis Badger, 
late of the Fourth Indiana Cavalry; ^ 

A bill (H. R. 0507) granting a pension to Sarah A. Hagan; 

A bill (H. R. 0563) granting a pension to Louisa B. Sharp; 

A bill (H. R. 0028) granting a pension to Mary Tucker; 

A bill (H. R. 0849) granting a pension to Lois P. Leonard; 

A bill (H. R. 6882) granting a pension to Annie Davis; 

A bill (H, R. 6905) to perfect the military record of Warren 
Alonzo Aldcn; 

A bill (H. R. 7057) granting a pension to Ellen Carpenter; 

A bill (H. R. 7095) grantingan increasj of pension to Addison 
M. Copen: 

A bill (H. R. 7100) to pension Jacob O'Neal; 

A bill (H. R. 7117) to increase the pension of Henry Merritt; 

A bill (H. R. 7236) granting a pension to Julia S. Tompkins; 

A bill (H. R. 7237) granting a pension to James W. Kirtley; 

A bill (H. R. 7244) granting a pension to Florence Esther Wil- 
liams, the blind daughter of Henry D. Williams, late a private 
in Company F, Sixtv^fourth Resimcnt Illinois Volunteers; 

A l)ill (H. R. 7305) to pension Martin MeDermott; 

A bill (H. R. 7306) to pension Maud Case, of Dodge County, 
Minn.; 

A bill (H. R. 7434) granting relief to -Jeremiah White, of Osage 
City, Kans; 

A bill (H. R. 7843) granting a pension to Mary C. Smith: 

A bill (H. R. 8038) granting a pension to .William M. Watsoa, 
of Walker Countv, Ga.; 



1892. 



CONGRESSIONAL RECORD— SENATE. 



6317 



ThePRESlDJiNT pro tempore. Being objected to, the bill will 
be placed upon the Calendav with the favorable report of the 
committee. 

Mr. MORGAN. I rise to inquire whether the introduction of 
bills is in order? 

The PRESIDENT pro tempore. The introduction of bills- is 
not yet reached. Reports of committees are still in order. Are 
there further reports of committees':' 

Mr. FAULKNER. Of course the Chair understands that the 
bill was objected to within the proper time and under the rules 
of the Senate? It was read for information with the privilege of 
obiecting to it-afterwards? 

The PRESIDENT pro tempore. The Chair understands that 
under the practice of the Senate bills which are considered by 
unanimous consent during the morning hour can be objected to 
at any time before their passage. 

HARRIETT W. SHACKL.ETT. 

Mr. PEFFER. I am instructed by the Committee on Claims, 
to whom was referred the bill (H. R. 5711() for the relief of Har- 
riett W. Shacklett, to report it favorably without amendment; 
and inasmuch as it is one of exceptional merit and the claimant 
is very old. somewhere in the neighborhood of 80 years, and 
very much in need of the amount for which the bill makes ap- 
propriation, and inasmuch, further, as the other House has 
passed the bill, I ask for its immediate consideration. 

Mr. COCKRELL. Let it be read for information. 

The Chief Clerk i-oad the bill, as follows: 

lie it enacted, fir., That the Seci-etary of the Treasury be. and he is hereby, 
authorlzea and required to pay to Harriet W. Shacklett, out of any money 
in the IVeasury not otherwise appropriated, the sum of $597. which sum shall 
be taken and accepted and receipted foV in full satisfaction of her claim, as 
found by the Court of Claims. 

The PRESIDENTpro tempore. Is there objection to the present 
consideration of the bill? 

There being no objection, the bill was considered as in Com- 
mittee of the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

FRENCH SPOLIATION CLAIMS. 

Mr. HISCOCK. I ask unanimous consent to call up for pres- 
ent consideration Order of Business 733. 

Mr. MITCHELL. I hope the Senator from Now York will 
allow me to submit a report. 

The PRESIDENT p?'o tempore. The regvdar order of business 
being reports of committees, the Senator from Oregon rises to 
submit a report. 

Mr. MITCHELL. I am instructed by the Committee on Claims 
to report a resolution, and I ask for its present consideration. 

The resolution was read, as follows: 

Whereas in the.iudgment of this committee all French spoliation claims 
reported from the Court of Claims should in the iirst instance undergo in- 
vestigation in and report from this committee: and 

Whereas, the following order of the Senate was made June 37 last 



on Claims : 

•■Brig Coniidence, Thomas Manning, master; Fifty-second Congress, first 
session. S. Mis. Doc. No. 5, page 17. 

"Brig Eleanor. James Treat; idem, page 23. 

" Schooner Eliza. Thomas Poulson; idem, page 25. 

'■ Snow Fanny. Garret Barry; idem, page 26. 

"Sloop Federal George. George Hussey; idem, page 30. 

"Schooner Hannah, Philip Bessom; idetn. page 34. 

"Brig Hoi^e. Church; idem, ^a.ge 3b. 

"Schooner Lticy. Lewis Holmes: idem, i>age i3. 

"Ship Patapsco, William Hill: !f/(=m. page 47. 

" Schooner Thankful. AViliiam Ward: idem, page 53. 

"Schooner Alert. Jacob Oliver: S. Mis. Doc. No. 20, page 1. 

" Ship Betsey. Josiah Obear: idem, page 4. 

'* Ship Jane. John Wallace: idem, page 10. 

'• Ship Theresa. Philip Brum: S. Mis. Doc. No. 22. 

"Brig Yorick, William Moodie; S. Mis. Doc. 77. 

"Schooner Betsej'. John Murphy: S. Mis. Doc. 90; " 

And whereas the claims included in such order did not reach your com- 
mittee in time to be considered and included in the report on bills thereto- 
fore pendinsr in such committee and reported to the Senate June 29 last, and 
your committee have been unable for want of time to make inve.stigation 
thereof since that date; and 

Whereas all such claims h.ave been incorporated in the dehciency bill, now 
pending in the .Senate, by the Committee on Appropriations; 

It is tlie judgment of your committee that while such claims should not 
ordinarily be included in such deficiency bill until after examination and 
report from this committee, in order that no invidious distinctions as to In- 
vestigation and report at this session may be made as to claimants, your 
committee are willing, under the circumstances, that the same shall be con- 
sidered in the Seu;ite as a proper amendment to such deficiency bill on such 
statements as to their proper investigation by that committee as the Com- 
mittee on Appropriations may feel warranted in making, and for such 
action of the Senate as may be deemed advisable. And 

Jtesolred, That it is the recommendation of the Committee on Claims that 
there be excepted from the claims so considered in connection with the de- 
ficiency bill all those which are presented by insurance companies or the as- 
signees of insurance companies as claims for insurance, and that all the 
claims for insurance which were included in the report of this committee 
submitted on the 29th of June, 1892, should be withdrawn from the deficiency 
bill and the Senate and re-referred to the Committee ou Claims for further 
consideration. 



Mr. ALLISON. Mr. President 

Mr. HALE. The resolution is all right. 

Mr. ALLISON. I know it is all right, except in one thing. 
It states that these insurance cases should be withdrawn from 
the bill. They have already Ijeen withdrawn. 

:Mr. HALE. I so stated to the Senate. 

Mr. ALLISON. They are not in the bill. Then it states that 
these insurance claims should bo re- referred to the Committee 
on Claims. That may mean very little or it may mean a great 
deal. I do not think the insurance companies should be paid at 
all, and therefore if the Committee on Claims is to examine that 
question I want it to examine it with refei'ence to the peculiar 
obligation of the United States to pay those claims. 

Mr. MITCHELL. I will state to the Senator from Iowa that 
is the very purpose of the motion to recommit them. When the 
report was made from the Committee on Claims on the 2.')th of 
June there was a bare majority of the committee present. .Sev- 
eral members of the committee were absent necessarily from the 
Senate at that time, as the conventions were running. We were 
pressed to get the report into the Senate, and felt compelled to 
take action. There was a difference of opinion among the mem- 
bers of the committee then present as to whether the insurance 
claims should be paid. With a full committee to-day it was the 
opinion of all the members of the committee unanimotisly that 
inasmuch as there is adifference of opinion among the members 
of the committee and also in the .Senate all the claims should bo 
withdrawn from the .Senate and recommitted to the committee, 
so that they may undergo careful investigation. 

The PRESIDENT pro tempore. The Senator from Oregon 
asks that the resolution reported by him from the Committee on 
Claims be adopted by the Senate. 

The resolution was agreed io. 

BILLS INTRODUCED. 

Mr. SAW YER introduced a bill (.S.34r)0) granting a pension to 
Mrs. Mary Murry; which was road twice by its title, and, with 
the accompanying papers, referred to the Committee on Pen- 
sions. 

Mr. MORGAN introduced a bill (S. .34.51) to revive and amend 
and extend the act of Congress of August 1.5, 1876, to encourage 
and promote telegraphic communication between America and 
Asia, across the Pacific Ocean, from the western shores of the 
United States to the Hawaiian Islands, to .Japan, and China; 
which was read twice by its title, and referred to the Committee 
on Foreign Relations. 

Mr. FAULKNER introduced a bill (S. .3452) fixing the time for 
holding the circuit and district courts in the district of West 
Virginia: which was read twice by its title, and referred to the 
Committee on the Judiciary. 

Mr. VEST (by request) introduced a bill (S.'34.53) to amend an 
act entitled "An act authorizing the sale of title of the United 
States in lot 3 in square south of square 990," approved March 
3, l.S'.il: which was read twice liy its title, and referred to the 
Committse on the District of Columbia. 

Mr. ilcMILLAN introduced a joint resolution (S. R. 
directing the Commissioners of the District of Columbia to"ai 
thorize and permit the construction of certain pits or vaults in 
the public alleys of the District of Columbia: which was read 
twice by its title, and referred to the Committee on the District 
of Columbia. 

WITHDRAWAL OP PAPERS. 

On motion of Mr. SHERJIAN, it was 

Ordered. That the papers in the case of Philip Hawk be withdrawn from 
the files of the Senate, no action having been taken thereon. 

DIRECT-TAX SALE IN FERNANDIN.i, FLA. 

Mr. CALL submitted the following resolution; which was con- 
sidered by unanimous consent, and agreed to: 

Itesah-ed. That the Secretary of the Treasury is hereby directed to com- 
nmnicate to the Senate the names of the persons who were the owners of prop- 
erty in Fernandina. Fla.. at the time of the direct-tax sale under the act of 
Congress in 1863-'65, so far as the same appears in the records of the Treasury 
Department. 

ARBITRATION L.\BOR COMMISSION. 

Mr. CALL. I give notice that to-morrow morning I shall ask 
the indulgence of the Senate to call up the I'o.-iolution introduced 
by the Senator from Indiana [Mr. \'ookhees] on the 12th in- 
stant, for the purpose of submitting some remarks upon it. 

EMPLOYMENT OF PINKEKTON MEN. 

Mr. PEFFER. I desire to call up a resolution which was re- 
ported a few days ago from the Committee to Audit and Control 
the Contingent Expenses of the Senate in relation to the employ- 
ment of Pinkerton men. 

Mr. HALE. I suggest to the Senator that if that resolution 
is called up. it will give rise to some debate. I desire that the 
Senate shall go on and finish the deficiency appropriation bill in 
order that we may get it into conference. 



6318 



CONGllESSIONAL EECORD— SENATE. 



July 18, 



'Mv. PEFFER. I am jwrtectly willing that it be laid over 
temporarily xmtil \vc dispose of the appr6priation bill to which 
the Senator refers. 

DEFICIENCY APPROPRIATION BILL. 

JMr. HALE. I move that the Senate proceed to the consider- 
ation of the deficiency appropriation bill. 

The motion was agreed to; and the Senate, as in Committee 
of the Whole, resumed the consideration of the bill (H. R. i)2iS4) 
making- appropriations to supply deficiencios in the appropria- 
tions for the fiscal year ending Juno 30, 1892, and for prior years, 
and tor other purposes. 

Mr. HALE. Now, Mr. President, if the Secretary will return 
to page 113, which wo have reached, and will read the remainder 
of the amendment, as we go along I shall have the insurance 
claims struck out under the order made by the Senate. 

Tlie PRESIDEXT pro tempore. The pending question, as the 
Chair understands, is the motion of the Senator from Oregon 
[Mr. MiTCiiELL]. which probably was disposed of by the passage 
of the resolution this morning. 

Mr. HALE. The Senator from Oregon, i know, withdraws 
that now, because the Senate adopted the rule of action given by 
the Senator's resolution. 

The PRESIDENT pro Umporc. The Chair so understands. 
The reading of the amendment will proceed. 

The Secretary proceeded to read the amendment i-eported by 
the Committee on Appropriations, beginning at line 1, on page 
11.'!, as follov/s: 

Oil the brii; Albert., Robert Gray, master, namely: 

Hubert M. Pratt, admiulslrator d^ bonis tio/i of Joseph White, deceased, 
$6,265.75; 

William Parker, administrator df^ bonis 7ion. of William B. Parker, de- 
ceased, $3,088.58; 

Elizabeth R. Gardner, administratrix debonis non of .Tesse Richardson, de- 
ceased, iS.err.lG; 

ivilliam D. Pickman. administrator ds bonis non. ol Dudley L. I'lokmaii, 
deceased, J849.63; 

Henry O.. Benjamin W,, and Robert Stone, executors last will, etc., Robert 
Stone, jr., deceased, S4,I77.16; 

William A. Lander, administrator de bonis non of Pickering Dodge, de- 
ceased, $3,133.87; 

Arthnr E. Huntington, administrator de bonis non o£ William Orue, de- 
ceased, ?1.500; 

Mary P. Witherby, surviving executor of Charles Cleveland, deceased, 
S7S3.21; 

Nathaniel P.Richardson, executor of Joshua Richardson, deceased, $3,088.50. 

On the brig American, Thomas Towne, master, namely: 

J, Hall Ware, adminibtrator de bonis non of John Hall, deceased, ^,691. 

On ship Bacchus, Richard George, master, namely: 

Henry Pettit, administrator de bonis ?ion. of Andrew Pettit, surviving as- 
signee of Ambrose Vasse, deceased, $980; 

George W. Gitthrie, administrator de bonis non of Alexander Mm-ray, sur- 
viiig )>artner of Miller & Murray, $980; 

M. H. Messchert, administrator de bonis non of Jacob Gerard Koch, de- 
ceased, $980; 

Samuel Bell, administrator de bonis non of John G. Wacksmtith, deceased, 
$980; 

James Crawford Dawes, administrator of Abijah Dawes, deceased, $190; 

Henry Lisle AValn, administrator of; Jacob S. Wain, surviving assignee 
of Thomas Murgatroyd, $980. 

On the schooner Ballahoo, Joseph Ripley, master, namely: 

J.ames F. Breuil, administrator of Frances Breuil, deceased, $1,568.95. 

On the vessel the snow Boston, Dougherty, master, namely; 

J. Hayard Hcury, administrator of George Latimer, deceased, $3,035.36; 

The Real Estate Title Insurance and Trust Company of Philadelphia, ad- 
mlnistrater de bonis non oini testamento annexo of James Camlibell, deceased, 
S3,02i!.36; 

J. Bayard Henry, administrator of Andrew Bayard, surviving assignee of 
Pragors & Co.. $883; 

Henry Pratt McKean, surviving executor of Henry Pratt, surviving part- 
ner of Pratt & Kintzlng, $781. 

D. Fitzhugh Savage, administrator of John Savage, surviving assignee of 
Rundle& Leech, $784; 

James Crawford Dawes, administrator of Abijah Dawes, H90; 

Francis A. Lewis, administrator of the estate of John Lewis, jr., $490; 

William A. M. Fuller, administrator of John Leamy, $490; 

John C. Williams, administrator of Edward Duilant, $343; 

Arthlngton Gilpin, administrator of the estate of Joshua Gilpin, $343; 

Samuel Bell, administrator of the estate of John G. Wacksmuth, $1,176; 

Henry Pettit, administrator of Andrew Pettit, surviving assignee of Am- 
brose Vasse, $784; 

George W. Guthrie, administrator of Alexander Murray, surviving part- 
ner of Miller and Murray, $i586; 

D. Fitzhugh Savage, admiustrator of John Savage, $883; 

James S. Cox, administrator of James S. Cox. $490 ; 

M. H. Messchert, admistrator of Jacob Gerard Koch, $190; 

Richard C. Murtrie, administrator of John Bolilen, surviving assignee of 
Ross & Simsou, $490; 

Frank R. Pemberton, administrator of John Clifford, surviving partner of 
Thomas and John Clifford, $394; 

Henry Lisle Wain, surviving executor of Jacob S. Wain, surviving assignee 
of Thomas Murgatroyd, $588; 

The Pennsylvania Company for Insurance on Lives and Granting Annui- 
ties. ;idmiuistrator of Thomas M. Willing, $393; 

Thomas F. liayard. administrator of Thomas W. Francis, $392; 

The City of Philadelphia, administrator of Stephen Girard. $490. 

On the brig Confldence, Thomas Manning, master, namely: 

Catherine M. Singleton, administratrix de bonis non of Alexander McKim, 
surviving partner of the firm of Robert McKim & Co., $1,497.39. 

On the brig Eleanor. James Treat, master, namely: 

George H. Williams, administrator de bonis nonoi Samuel Williams, do- 
ceased, $1,583.59; 

Charles J. Bonaparte, administrator de bonis nonot Benjamin Williams, 
deceased, $1,583.59; 



David Stewart, administrator of Francis Johonnet, survlrtng partner of 
Francis Johonnet & Co., $5,723.18. 

On the schooner Eliza, Thomas Poulson, master, namely; 

John Merven Carrere :ind D;ivid Stefrart, administrators, etc., $11,714.90; 

David .Stewart, administrator, etc.. $3,781. 

On the vessel, snow Fanny, Garret Barry, master, namely: 

Dayton S.Ward, adniinlsirator de bonis non of J ames Barry, deceased, 
$8,503. 

On the sloopiFederal George, George Hussey, master, namely; 

Charles Francis Adams, jr., administrator, on account of the assignments 
of said Homer, Hubbart, Sargent, and I>omeroy, $3,341.80; 

Henry W. Blagge and Susan B. .Samuels, administrators, $930,75; 

Harriet E. Sebor, administratrix, $350; 

Charles F. Hunt, administrator of the estate of Jo.seph Russell, surviving 
partner of Jeffrey & Rtrssell, $408.37. 

On the sloop Fox. Brooks, master, viz; ^ 

Santord J. Horton, as administrator of the estate of William Wickham. 
deceased. $1,508.33; 

Melvin B. Copeland, as administrator of the estate of Nathaniel Blake, de- 
ceased, $454.16; 

George G. Sill, as administrator of the estate of William Moore, deceased, 
$3,383.33; 

Charles Francis Adams, as administrator of the estate of Peter Chardon 
Brooks, deceased, $400; 

H. Burr Crandall. as administrator of the estate of Thomas Dickason. de- 
ceased, $400; 

David G. Haskins, jr., as administrator of the estate of David Green, de- 
ceased, $500; 

F'l'ank Dabney , as administrator of the estate of Samuel Wyllys Pomeroy, 
deceased, $500; 

Robert Grant, as administrator of the estate of William H. Boardman. de- 
ceased, $300; 

William I. Monroe, asadministratorottheestateof JohnBrazer, decea-sed, 
$1,000; 

John Wetherbee, as administrator of the estate of James Tlsdale, de- 
cea.sed, $1,000; 

Henry W. Blagge and Susan B. Samuels, as administrators of the estate 
of Crowell Hatch, deceased, $500; 

On the schooner Hannah, Philip Besser, master, namely : 

William Gray, administrator of William Gray, deceased, amount of insur- 
ance paid, $3.9:;0; 

Sarah J. Brown, administratrix of Isaac Collyer, deceased, for value of 
1,101 quintals of tlsh, $1,313; 

Ebenezer D. .Seoomb, administrator of Philip Bessom, value of cargo, less 
the 1(54 quintals of flsh owned by said Collyer, ;ind less also the insurance paid 
thereon by William Gray, $33,180. 

On the brig Hope, Church, master, namely: 

John C. Parsons, as administrator of the estate of John Caldwell, deceased, 
$12,413.17; 

William Sohier, administrator of the estate of Nathaniel FcUowes, de- 
ceased, $1,000; 

Frany Dabney, administrator of the estate of Samuel Wyllis Pomeroy. de- 
ceased, $1,000; 

John W. Aplhorp, administrator of the estate of Caleb Hopkins, deceased. 
$1,000; 

LawTence Bond, administrator of the estate of Nathan Bond, deceased. 

$:oo; 

Daniel D. Slade, administrator of the estate of Daniel Dennison Rogers. 
deceased, $500. 

On the brig Lady Washington, .Stephen Selleck, master, namely: 

H'lirv Pettit, administrator of Andrew Pettit, surviving assignee in bank- 
ruptcy .jf Ambrose Vasse, $709.80; 

William A. M. Fuller, administrator of John Leamy, $425.88; 

Robert W. Smith, administrator of Robert Smith, surviving partner of 
Robert Smith & Co., $567.84; 

George Willing, administrator pf George Willing, $383.92; 

Francis A. Lewis, administrator of John Miller, junior, 8.567.84; 

George Blight, administrator of Peter Blight, $709.60; 

Craig D. Ritchie, administrator of Joseph Summerl, surviving xiartner of 
Sumraerl & Brown. $567.84; 

William Brooke-Rawle, administrator of Jesse Wain. $709.80; 

Richard C. McMurtrle, administrator of John Bohlen, sm'viving assignee 
in bankruptcy of Ross & .Slmson, $,567.84; 

The Pennsylvania Company for Insurance on Llvo3 and Granting Annui- 
ties, administrator of Thomas M. Willing, survivlug partner of Willing & 
Francis, $709.80; 

Thomas F. Bayard, administrator of Thomas W. Francis. ■;283.93; 

Henry Pratt McKean, surviving executor of Henry Pratt, surviving part- 
ner of Pratt & Kintzlng, $435.88; 

Francis R. Pemberton, administrator of John Clifford, surviving partner 
of Thomas & John Clifford, $354.90; 

Samuel Bell, administrator of John G. Wacksmuth, $354.90; 

William Read Fisher, administration of Samuel W. Fisher. -$854.90; 

Isaac .S. Smyth, administrator of Jacob Baker, surving partner of Baker 
& Comegys, $567.84; 

George W. Guthrie, administrator of Alexander Murray, surviving partner 
of Miller & Murray, $709.80; 

Uselma C. Smith, administrator of William Jones, surviving partner of 
Jones & Clarke, $367.84; 

A. Louis Eakin. administrator of Chandler Price, stu'viviug partner of 
Morgan & Price, $709.80; 

Frederick W. Meeker, administrator of Samuel Meeker, $709.80; 

James C. Fisher, surrtving executor of James C. Fisher, $3.54.90; 

D. Fitzhugh Savage, administrator of John Savage, surrtvlng assignee In 
bankruptcy of Rundle & Leerh, $709.80. 

On the brig Leonard, William Hackett, master, namely: 

Joseph A. Titcomb, administrator of estate of John Wills, otherwise called 
John Wells, deceased. $8.1.50. 

On the schooner Lucy. Lewis Holmes, master, namely: 

Isaac Brewster, administrator de bonis non cum testamento annexo estate of 
Daniel Jackson, deceased. $3,567; 

Charles G. Davis, administrator de bonis non of William Davis, deceased. 
.■f993. 

On the brig Lydia, John Cook, master, namely : 

Charles B. Allen, administrator de bonis non of Zachariah Allen, forvessel, 
cargo, and the freight earned, $13,391. 

On the ship Patapsco, AVilUam Hill, master, namely: 

William Donnell, administrator de bonis no7i cum testamento art7iexo of the 
estate of John Donnell, deceased. $6,6.59.99; 

George W. Brovm, administrator of the estate of James A. Buchanan, de- 
ceased, ^,609.99, being his share of vessel and freight: 

Robert Carter, administrator de bonis non cum testamento anne.ro of the es- 
tate of Samuel .Smith, deceased. $4,009.99, being his share of vessel and freight ; 

Esther H. Buchanan, admlnistratrixof the estate of William B. Buchanan, 



1892. 



CONGRESSIONAL EECORD— SENATE. 



6323 



Mr. HALE. That is right. 

The PRESIDENT 2yro tempore. The question is on the amend- 
ment proposed by the Senator from Maine [Mr. Hale] to the 
committee's amendment. 

Mr. MITCHELL. I simplj"- wish to put this question to the 
Senator fiom Maine: Every one of Ihcsc cases has been passed 
lipon by the Court of Claims. The Court of Claims is funftiis 
offici" so far as these cases are concerned. Now it is proposed by 
this amendment to have something done in reference to these 
very cases by that samj court Isefore any jiaymonts are made. 
How are you goiny- to do it? How are you going to got hold of 
such jurisdictionV 

Mr. HALE. This is nbt my pi-oject. lam trying to put the 
amendment in shape so as to carry out the intention of Senators 
who are not satisfied with this amendment. I want to change it, 
and. as has been discoverable from the debate, the intentii n is 
in accordance with these words. How practicable that is I do not 
know. It is open to the objection suggested by the Senator from 
Oregon, and yet I do not think it is an insuperable objection. 
Then I think there also should bo inserted "hereafter awards 
shall bo made on behalf of those parties," so that the court may 
settle the matter at the time when they hear the ease. That 
will make the bill and the rule of action of the court symmetrical 
hereafter. 

Mr. HIGGINS. I have no objection to that. I think it would 
be well. 

Mr. HALE. Then, after the word "b:inkrupts," in line 10, I 
move to strike out the word " the," and after the word ''shall" 
to insert " hereafter; " so as to i-ead: '• hereafter the awards shall." 
We do not award: the court awards. 

The PRESIDENT pro tempore. Does the Senator withdraw 
the amendment last reported? 

Mr. HALE. No: I want that adopted. 

The PRESIDENT pro tempore. Then the question is on that 
amendment. 

The amendment to the amendment was agreed to. 

The PRESIDENT ;)ro tempore. The amendment now proposed 
by the Senator from Maine will bo stated. 

The Chief Clerk. In line 10, after the word " bankrupts,"' 
it is proposed to strike out " the,'' and after the word ''shall '' to 
insert ''hereafter;" so as to read: 

Awards shall hereafter he made on behalf of the next of Uiu, Instead of to 
voluntary assignees or to assignees in bankruptcy. 

Mr. HIGGINS. That is all right. 

The PRESIDENT pro tempore. The question is on the amend- 
ment to th :■ amendment ofthe committee. 

The amendment to the amendment was agreed to. 

Mr. McMillan. I offer the amendment which I send to the 
desk. 

The PRESIDENTpro tempore. The amendment will be sta: 

The Chief Clerk. On page 2-5, after line 8, it is proposed to 
insert: 

That the Metropolitan Railroad Company Is hereby required to repair the 
bridge across KockCreelt at P street, in the District of Columbia, at a cost 
of not exceeding $1S,0(X); said repairs to make the bridge sufflcleutly strong to 
allow the passage of stor.age-battery cars of the said company, and to be made 
under the direction of the Engineer Commissioner of the District of Co- 
lumbia, and in accordance with plans and speciflcations to be prepared by 
him. 

Mr. HALE. Let me ask the Senator if we have not already 
provided tor that in another bill? 

Mr. McMillan, a similar provision was stricken out of the 
District ajipropriation bill. 

Mr. HALE. "VVe inserted it in another bill? 

Mr. MCMILLAN. It was in the District appropriation bill, 
but afterwards stricken out. 

Mr. HALE. Taken out in conference? 

Mr. McMillan. Yes. 

Mr. HALE. Then I think it ought to go in this bill. 

The amendment was agreed to. 

Mr. jNIcJIILLAN. I oiler another amendment, which I send 
to the desk. 

The PRESIDENT^^ro tempore. The amendment will be stated. 

The Secretary. It is proposed to insert, under the head of 
"District of Columbia, health department," on page IT, after 
line 2: 

For five garbage inspectors, at a salary of 1 
1893. 



' each, $1,500, for fiscal year 



The amendment was agreed to. 

Mr. VOORHEES. If In order I desire to offer the amendment 
which I send to the desk, and to be heard for a moment upon it. 

The PRESIDENT pro tempore. The amendment proposed by 
the Senator from Indiana will be stated. 

Mr. VOORHEES. I offer it to come in on page 87, after line 
18. It is " Under the Treasury Department, miscellaneous." I 
did not know of any other better place for it. 



The Secretary. On jiage 87, after the word "dollars," in 
ine 18, it is proposed to insert: 

Authority is hereby granted for the payment of ?750 to Si. JuUen B. Da- 
pray for special and legal services rendered the board of control and man- 
agement. Government exhibit, World's Columbian Exposition, to bo held 
at Chicago, 111., 1892 and 1893, from moneys appropriated. 

I liave in my hand an elaborate statement made by Ed win Wil- 
lits.chairmanof the board of control of the Government exhibit 
mentioned in the amendment, which is indorsed as follows: 

Respectfully forwarded with expression of the opinion that Mr. Danray 
.should bo compensated for the services rendered to the qoard of manage- 
ment of the Government exhibit. 

CHARLES FOSTER. Sfcrelary. 

It comes here with the authority of the Secretary of the 
Treasury. I understand that I^Ir. D.ipray is a lawyer of high 
ability. This is labor which he did not seek: it sought him be- 
cause of his legal ac juireraents. I have the higlitst authority 
for stating that he labored late and early. It was extra work, 
it is true, he sometimes working until midnight. Although he 
is a salaried oflicer. I have hero the opinion of the Solicitor of 
the Trcasurj', which 1 shall ask to have read. 

Mr. Daiiray has not sought this in any roundabout way. The 
Secretary of the Treasury indorses the claim, but the chairman 
of the Committee on Appropriations, for good and satisfactory 
reasons to himself, has nut had it inserted in the bill. I repeat, 
however, that I have the opinion of the Solicitor of the "Treasury 
here, which, as I say, I shall ask to have read. I think it is a 
case of very strong equity which ought to be provided for. I 
lend the paper to the Secretary's desk to bo I'ead. 

The PRESIDENT jiro tempore. The letter referred to will be 
read. 

Mr. VOORHEES. Before the Secretary commences the read- 
ing I will state further that this money has already been appro- 
priated for. This amendment does not look to an appropriation. 
This claim was allowed through all the officials up to a certain 
l)oint, when a clerk in the Treasury Department failed to initial 
it, perhaps, in proper form, and' thereby it failed. Otherwise it 
would have been paid at the proper time. The merest triflin'^ 
technicality kejit its payment from being made at the proper 
time, as recommended bj- the Secretary of the Treasury. I do 
not think that advantage ought to be taken of a hard-working 
officer like this in that way. 

I know that JNIr. Dapray is better known on the other side of 
the Chamber than he is to me, and his position is one to warrant 
all 1 have said of him. I do not think he should be deprived of 
what he has earned by hard work by so trilling a teehnicalitj' 
as has lijen interposed in this case. 

ESIDENT pro tempore. The letter willbe read, unless 
thi^PT5e objection. 

The Secretary read as follows: 

Department of Justice, 
Office of the Soi/icitor of the Treascky. 

Washington, D. C, August ii. lai. 

Sir: I have the honor to inclose certain papers received from Mr. St. 
Julien B. Dapray, chief of the law and contract division. Office of the Super- 
vising Architect of the Treasury Department, relating to his account for 
$750 tor extra services in connection with the contract for the exhibit of the 
Navy Department at the World's Columbian Exposition of 1893. 

In a communication herewith addressed to the Solicitor, Mr. Dapray .says: 
" I » * * would respectfully request that your opinion in regard to the 
legality of such a i^ayment being made to me from the special appropriations 
under the control of the board, after a lull and careful consideration of the 
question, be rendered in an official commimication addressed to Hon. A. B. 
Nettleton, as Assistant Secretary of tlie Treasury." 

Without being hypercritical or ceremonious as to the propriety of the 
communication, addressed directly to the Solicitor of the Treasury by the 
claimant, it is assumed that this course was taken with the knowledge and 
approbation of Assistant Secretary Nettleton, and reply is made accord- 
ingly. 

It appears that the service rendered by Mr. Dapray was after the regular 
offlce hoilrs, and did not in any way interfere with the proper di^charse of 
his duties as an officer in the Offlce of the Supervising Architect. Besides, 
it does not appear that said board is technically within the jurisdiction, or 
is a part, of any Executive Department. 

It appears that in April. 1891. Lieut. E. B. Taussig, United States Navy, 
assistant to Capt. Richard W. Meade, United .States Na^^•. "representative 
ofthe Na\'y Department. " on said board, and Mr. F. T. Bickford. secretaiy 
of the board, requested Mr. Dapray to render certain special anil legal serv- 
ice to facilitate the adoption of a procedure, prepare legal forms, etc.. In 
connection with the conduct of the public business with which said board 
was charged by law. 

No question is raised as to the legality of this eniplo.\nnent. 

By decision of the .Supreme Court in llie case of Cc>nverse ;!«. United States. 
21 How., 403, a person holding two compatible offices or employments under 
the Government is not precluded from rcceivlug the salaries of both by any- 
thing In the general laws prohibiting double comr.eusatiou: but the prohi- 
bition In those laws extends to every case where th.' duties for which extra 
compensation is claimed are performed without a regular appointment au- 
thorized by law. (9 Op. A. G., 6U8; see .also 19 Op., la. :S3.) 

In the case of the United States vs. Saunders. 120 U. S., 126, the Supreme 
Court of the United States held: 

"We arc ofthe opiniou that taking the sections (176.3. 1761. and I'OS) .all 
together the purpose of this legislation was to prevent a person holding an 
oitlce or appointment for which the law provides adelinite (•oIIlp^•n^atlouby 
way of salary or otherwise. which is inteniled to cover all of the services 
which, as such officer, he may be called upon to render fromrereivlngextra 
compensation, additional allowances, or pay for other services which may 
be required of him either by act of Congress, or by order of the head of his 




CONGRESSIONAL EEOORD-SENATE. 



July 18, 



.^■u^.'ao..aaea to p. connected ^ni^^^^^^ 



-^^^^i^x^^^'i^^^^H^ 



,e ue>.-.=ion9, be is In such case 
SeealsoUO U. S., 6S8, 19 Court 



S;V,on at the same time In 

S^Se'=j;.J^ti^c;?=s:^:--raingto. 

Sl^to ^coyer the two comp^^t|n 



YrthtflXrVa "he isHn th'o ?ye of the law two 

aupyintmepts. tbe functions o( whioli are 

.^Sitoaute^ec^onj^^sg^.^.^ 

Authorities in support of this, 



o recover liiu ino '''-■»"i',V"';7"o Jin 
oFciaims,4»7 (Meig's case), and UO U. S.,4Jtf 

principle might be furtlierinultlpliert. py falls clearly within the 

' I am of the opmion that the claam o Jl.'^-^^ ^Vherefore, be lawfully paid 

Very respectfully, p ^ REEVE, A<-linij Solicitor. 

Hon A. B. NETTLETON, 

Mr H \LE The committee looked into this ca-e and rejected 
it'^Vn'^ifc'^fl'^^t place it did not apj^ar hejot-e the ™^^tee^and 
does not appear by «^!,^l°"?,'^';;'^',\^e son-vice 4s render 

tinio, foi- which he gets a large pay. 
^;:- g^iF^^'^EigMloZs a day, twice the amount, I venture 

IlJ^^t^^f ^Uttle i--tenal matters t^J^-me t,,^.n^tUe^ S„^ 

•i^'^of 4rthi'soli°ifor or to the Attorney-General, each one of 
wh^om is gVvin^ Ms days and nights to important questions and 

'^'^e°^™.'of ^ :);;mmunication shows that the only thing 
thifs c!a nW for is that there was a contract made l.y the Na\ y 

every ^^y ° ;}^'^,,J°'''^*r^^|re ouo-?rt to be k stop to these things. 

P-'f "J^the insrenions argtiment which has been made at the end 
oftheVtter tiat this ca°se comes outside of the general propo- 
•sit on vh ch all of us assent to, that a man shall no have extra 
compensation when he is a salaried employe of the Government, 
I TSve that to men who have more imagination than I have. 

"^ The commHtel has examined the case and rejected it. I know 
how eooTi" tvu-ed the Senator from Indiana is. I know how he 
feeds in thsmaUer. He is desirous that this man should have 
hi; mv becaiTse he is large-hearted and generous. O aimauts 
hib pay te^_a">'e "^ 'L^^^^^ apply to him because he is large- 
helr^TaXene^us He^^orilhere.as^^ 

urffes hese Claims. I wish sometimes that he would not do this, 
but I 1 nd no ault with him because I know how generous he is 
However the committee having examined this case and rejected 
U nun constrained to make aV-i"* of order that it is not re- 
puted by a committee nor a regular estimate, and it increases 

^'i;i^!'l^SSM^;" ^S^nator will allow me to say a single 

wordy 
Mr HALE. Certainly. . , , • -ti. 

The PRESIDENT prolanpon:. The p unt of order is with- 
drawn for the purpose of allowing the Senator from Indiana to bo 
heard? 

Mr' VOORHEES^'' Mr.' President, I know that it is difficult 
to d tier successfully from the committee on this floor but sup- 
ported by the Secretarv of the Treasury, who is a good lawyer, 
and by the Solicitor of the Treasury, I ventiired to do so. The 
lenatvrdos me far more than justice or injustice one or tlie 
other, perhaps both, in attributing to my kindness of heart hat 
1 wo Id suin,ort a claim that did not commend it.elf to my be.t 
ind" ent I believe this man has been called upon to do work 
entfreh outside of his official duties, and has gone forward and 
done i and I belong to a class of people who believe in paying 
st°?h debts I do not believe in sponging. I do not believe that 
the GovemnK.nt is reduced to the necessity of sponging its way 
to "-et its work done outside of the proper compensation 
f believe this man ought to have the $750 here proposed to pay 



him The Secretary of the Treasury thinks so. The Solicitor 
of n e Treasury things so. As I said awhile ago, I have been in- 
formed by responsible parties that it was verv severe work w-hicli 
he did lasting often late into the night. I have here a ma.s of 
nfonuatton on the subject which I did not choose to detain the 
Senate b having read. Here is a very lengthy and a very fuU 
commun?eat?on fmbracing other official Papers communicated 
?o the chairman of the Committee on Ain»-oP>;^tions by Edwin 
Willits, chairman of this Board of Exhibit at tlie\yoiid s i aii , 
on which, as I have already said, is the following indorsement. 



(if the Government exhibit. CHARLES FOSTER, Secretanj. 

It seems tome this claim comes hero too respectably sW^ 
to b? thrown on simply the slender ground of my genei ositj i 
seem to be, as it were, handicapped on qaestions ot this kmd- ^ 
certainly do not pose in that attitude here. This is no gene 
rositv If this min hasdone this work, the naked legal question 
Lw ether he ought to be paid for it. If he did it as part of h 
official duties of course he ought not to be P^ * lor it^ V. ho s 
the b-st iudf'e of whether he did it by reason of his official au 
tesoroutsKle? I take it the head of the Departmeiit ought to 
b?vc°some r soect shown to him. I know Secretary Foster. He 
s not a manlvhose sympathies would betray him even i mine 
wouW Secretary Fo'steVcpoll.v and doHbe.'ately looks^m U, his 
ouestion and puts his official indorsement upon it, and it cioes 
seem ?o me that it would be only respectful to the Department 

'°ThrSenV°to\-'from Maine says that the committee have looked 
intethfs matter and rejected "it. That is t^-. tnrt they repoi^t_d 
it before the opinion of the Solicitor was before them, iue 
ophitrof the s'olicit«r is for the first timehere Itwa. not ^^^^^^ 
lore the Committee on Appropriations. ^.^^11 do that c^'mmit 
tee the jnstice to believe that if they can lind it leua to pay a 
man for work of this kind they would do it. I will do them tno 
"^Uce tXueve that they w6uld not pinch - Govern, mm em^ 
nlove out of extra labor without paying him for it. 1 hat i, tne 
^°ion why I submitted the opinion of the Solicitor to show tha 
there wis no legal point to bi made against this little item o 
aw opi-iat"on. ^I have already stated that it was once almost 
throui^h. It the initial had not failed to be put in light by a 
ne.Hiffent clerk at one time it would have been paid. 

The Senator from Maine has complimented mo as belonging 
toa^ass of generous people; but s'lr, I -- "°t moved b^ any 
consideration of that kind at all. I :wn moved by the eon»ider 
S of paying a man for work which he has done, and which 
Wl offlcialsupf i-iors say he ought t« be P^^d for-Uie Secreta y 
nf the Treasury, the Assistant Secretary of the Tieasui j . tue 
Solicitorol the Treasury. The chairman of the board of man- 
a°ement and control of this exhibit strongly indorses hi. laboi» 
The exceUence of their character, the equity of this claim,, as 
well as the law, are beyond assault. If the Senator from Maine 
o Lifnt of order- 1 never did understand the rules of 
^•de'on c&ns o^'this 'kind, but of course that will be sub- 
mitted to the Chair, who knows all about that point. 

Mr HAlI Mr. President, only one word The Comm tt e 
on Appi-opriations does notseek to sponge on l^o^^^^PlX -rf . nd 
Government. It gives them, as m this case, libe al saW les and 
believes tbe Government is entitled to their services. The Sen- 
ator does not know how many cases of this kind the committ.e 

ha" ' nstantly before it. In ivery D^^P-^--^^/ -J^,l^rpa-"f7r 
division and Bureau, somebody is coming in foi exti a pa . tor 
so netWno- that he does, and it is the easiest thing in the vvo Id 
?o them to -et a certification of their superiors. It is diffictilt 

or a S^iltai y or Assistant Secretary to say " no " to a man who 
comt-s forward^ with an entire argument submitted and apersonal 
dabn I have no doubt that if anybody should ask the Secretary 
of he Treasury in regard to this case he would say "I do not 
know anyUiSg^about H: it was presented to me and I signed 
T V i\,7t wont f o refuse it " The committees of the Senate ha', e 

o Ik n ^all th.^e ttiiigs. and it is a growing evil The com- 
r^ittM simply did not bclfeve that this was a case that had so 
Such m™it as to make it an exception, and therefore I must in- 

"ti;T^iSeNT i-' '^""- The amendment propo^ed^adds 
a Jew Tte^o appropriation to the bill. The Chair uiiderstauds 
?hat it is not to carry oat the provisions of any exist ng law 
ated by the ^eoa e a' the present session, and that it is not 
moved by direction of a standing or select committee of the Sen- 

%7 ^XRHEES*'onlmrenr*The language 0^ 

nient'is Vhalauthority be given to pay I understand the money 

StSo^r^^SuS^i'tiS^t =t?^s ^ • 

Illation from the Treasury Department that the money hasbeeu 



1892. 



CONGEESSIONAL RECORD— SENATE. 



6335 



The PRESIDING OFFICER. The Senator from Ohio will 
stale his privileged motion. 

Mr. SHERMAN. I move that the Senate do uow adjourn. If 
the ])ending- motion shall fail, the antioption bill will bo the un- 
finished business at 2 o'clock to-morrow. 

The PRESIDING OFFICER. The Senator from Ohio moves 
that the Senate do now adjourn. 

Mr. SAWYER. I ask the Senator to withdraw that motion 
to allow mc to substitute a motion for an executive session. 

Tilr. SHERMAN. With great pleasure. 

The PRESIDING OFFICER. The motion of the Senator from 
Ohi' ) is withdrawn. The Senator from Wisconsin [Mr. Sawyer] 
moves that the Senate do now proceed to the consideration of 
exee-.itive business. 

Mr. BUTLER. I trust that motion will not be pressed now. 

The PRESIDING OFFICER. Debate is not in order. 

Mr. BUTLER. I am not debating. 

The PRESIDING OFFICER. The question is on the motion 
of the Senator from Wisconsin that the Senate do now proceed to 
the consideration of executive business. 

Mr. BUTLER. Upon that I ask for the yeas and nays. 

The veas and nays were ordered. 

Mr. BLACKBUkN. What is the motion? 

The PRESIDING OFFICER. The question is on the motion 
of the Senator from Wisconsin, that the Senate proceed to the 
consideration of executive business. 

The Secretary proceeded to call the roll. 

Mr. BERRY (when his name was called). I am paired with 
the Senator from Colorado [Mr. Teller]. 

Mr. GALLINGER (when his name was called). I am paired 
with the junior Senator from Texas [Mr. Mills]. If he were 
here I should vote "yea." 

Mr. GEORGE (when his name was called). I am paired with 
the Sc^nator from Oregon [Mr. Dolph]. 

I\Ir. HARRIS (when his name was called). I have a general 
pair with the Senator from Vermont [Mr. Moreill]. I am sure 
te would not care whether I voted or not on a motion to go into 
executive session, and I vote " nay.'' 

Mr. HIGGINS (when his name was called). I am paired with 
the senior Senator from New Jersey [Mr. McPherson], who is 
absent, and I therefore withhold my vote. 

Mr. PLATT (when his name was called). I am paired with 
the Senator from Virginia [Mr. Hunton], and therefore with- 
hold my vote. 

The roll call was concluded. 

Mr. HISCOCK. Is the Senator from Arkansas [Mr. Jones] 
recorded as voting'? 

The PRESIDING OFFICER. He is not recorded. 

Mr. HISCOCK. I am paired with that Senator, and with- 
hold my vote. 

Mr. STOCKBRIDGE. I am paired with the Senator from 
Maryland [Mr. Gibson] and withhold my vote. 

Mr. COLQUITT. I wish to Announce that I am paired with 
the Senator from Iowa [Mr. Wilson]. 

Mr. FAULKNER (after having voted in the negative). I 
voted not noticing that the Senator from Pennsylvania [Mr. 
Quay], with whom I am paired is absent. I therefore withdraw 
my vote. 

Mr. COLQUITT. I am at liberty to vote, as I am assured that 
the Senator from Iowa [Air. Wilson], with whom I am paired, 
would vote as I do it he were present. I vote ''nay." 

Mr. FAULKNER. I am informed by the Senator who has 
charge of the Ijill which was taken up for consideration by the 
Senate, that the Senator from Pennsylvania [Mr. Quay], with 
■whom I am paired, would, if present, vote for the bill. I there- 
fore feel at liberty to east mv vote on this question. I vote "nay." 

Mr. VOORHEES (after having voted in the affirmative). I 
did not knov.- there was any question of the antioption bill being 
involved. If there is I change my vote. I voted "yea," and I 
now vote ''nay." 

Mr. McjNIILLAN (after having voted in the negative). I am 
paired with the Senator from North Carolina [Mr. Vance], and 
not knowing- how he would vote on this question, if present, I 
withdraw my vote. 

Mr. PASCO. I am paired with the Senator from North Da- 
kota [Mr. CASiiY]. It he were present, Ishould vote "nay." 

The result was announced— yeas 19, nays 32: as follows: 



AfdrlcU, 

Camerou, 

Carlisle, 

Cockrell. 

Cullom, 



Allen, 

Allison, 

Bate, 



Dixon, 

Frye, 

Gorman, 

Gray, 

Hale, 



Blackburn, 

Bnce, 

Butler, 



YEAS— 19. 

Hill, 

Palmer, 

Pugli, 

Sanders, 

Sai\Ter, 

NAYS— 33. 
Call, 
Carey, 
Colquitt, 



Sherman, 
Vest, 
White. 
■Wolcott 



Davis, 

Faulkner, 

Felton, 



Gordon, 

HansbFougli, 

Harris, 


Kyle, 


Manderson, 
Mltctell, 


Irby, 


Morgan, 


Ivenna, 


Padilock, 


Berry, 


George, 


Blodgett, 


Gibson, La. 


Casey, 


Glbsoii, MJ. 


Chabdler, 


Haw ley. 


Coke, 


Hlgglns, 


Daniel, 


H;scock, 


Dawes, 


Hoar, 


Dolph, 


Hunton, 


Dubois, 


.Tones, ArU. 


Gallinger, 


Jones, Nev. 



Stewart, 
Turpie, 
Voorhees, 
WalthaU, / 
Wa&hbura. 



Stanford, 

Stockbrldge, 

Teller. 

Vance, 

Vilas, 

AVarron, 

Wilson. 



Pefler, 

Perkins, 

Ransom, 

Shoup. 
Squire, 

NOT VOTING -37. 
MciUllan, 
McPherson, 
Mills, 
MolTiU, 
Pasco, 
Peitigrew, 
Plan, 
Power, 
Pi'octor, 
Quay, 

$0 the motion was not agreed to. 

The PRESIDING OFFICER. The question recurs on the 
motion of the Senator from Kentucky [Mr. Blackburn] to pro- 
ceed to the consideration of House bill li-Trl. 

Mr. CULLOM. Mr. I'rosident, wo have been spending a good 
deal of time hero without any good results, and it is almost night. 
There are several Senators, I thmk, who desire to speak on what 
is known as the antioption bill, but are not quite prepared to do 
it to-day. I suggest that by unanimous consent, in order to avoid 
any further wrangle about this question, the suggestion of the 
Senator from Missouri [Mr. Cockrell] bo acceded to, and that 
wo take up Housa bills on the Calendar and dispose of them, it 
■wc can, this afternoon, the Senator from Tennessee [Mr. Bate] 
first being allowed to pass his little bill, to which there will be 
no objection. I think wc shall do wisely if wo agree to this sug- 
gestion. 

The PRESIDENT pru tnnmn. The Chair calls the attention 
ot Senators to the fact that a motion to proceed to the consider- 
ation of a bill is not debatable. 

Mr. CULLOM. I know that. 

The PRESIDENT J) (0 tempore. Tlic Senator from Illinois, as 
the Chair understands, was asking unanimous consent 

Mr. CULLOM. Yes. to make this request, so that we may 
have order, and at the same time do business. 

Mr. BLACKBURN (to Mr. Cullom). You are right. 

Mr. CULLOM. I think it is the right thing to do. ' 

Mr. BUTLER. I ris3 to a parliamentary incjuiry. I suppose 
that is in order. 

The PRESIDENT p ro tempore. The Senator from South Car- 
olina rises to a parliamentary inquiry, which he will state. 

Mr. BUTLER. My inquiry is this: If the motion ot the Sen- 
ator from Illinois prevails 

Mr. CULLOM. I have not made any motion. I made a sug- 
gestion. 

Mr. BUTLER. If we accede to the suggestion of the Senator 
from Illinois by unanimous consent, how doss that leave the 
antioption bill? 

Mr. BLACKBURN. It does not displace it. 

Mr. CULLOM. Not at all. I am not seeking to displace that 
bill. 

The PRESIDENTpro tempore. The Chair will state the parlia- 
mentary condition as the Chair understands it. The pending 
bill is what is known as the antioption bill. Pending the con'^ 
sideration of that bill, the Senator from Kentucky [Mr. Black- 
burn] moved that the Senate proceed to the consideration of a 
bill the title of which will be stated. 

The Chief Clerk. A bill (H. R. 3.572) for the i-elief of Rich- 
ard !M. Edwards, of Cleveland. Tenn. 

The PRESIDENT pro tempore. The resultof which motion, if 
it should prevail, would be to displace the antioption bill and 
make this bill the pending business. 

Mr. CULLOM. I hope that no motion will be made which will 
in any way involve the displacement of the antioption bill. 

I\Ir. ALDRICH. I hope this discussion will bo in orSer. 

The PRESIDENT pro tempore. Discussion is not in order ex- 
cept bj' unanimous consent. 

Mr. ALDRICH. And that the proceedings of the Senate will 
be in order. 

Mr. BLACKBURN. I ask unanimous consent 

Mr. ALDRICH. I call for the regular order. 

The PRESIDENT pro tempore. Senators will b^ in order. 

Mr. BUTLER. I yield to the Senator from Kentucky [Mr. 
Blackburn]. 

Mr. BLACKBURN. ■ I trust the request of the Senator from 
Illinois [Mr. Cullom] will be acceded to, and that by unanimous 
agreement we may go on with the House bills on the Calendar, 
which arc unobjected to and favorably reported, without dis- 
placing what is known as the antioption bill, but leaving it with 
all its rights of way as unfinished business. 

Mv. MORGAN. I object. Mr. President, to going on with tho 
cases from the House unobjected to. 

Mr. WOLCOTT. Regular order! 

Tho PRESIDENT pnv lempm-e. Tho regular order is tho mo- 



6336 



CONGRESSIONAL EECORB-SENATE. 



July 18, 



Blackburn] that the 



tion of the Senator from I<^ntuc^^^^^^ -,^^ ,,, 

"r^Uo^has ten ta^ cL^tuSnato re^y for the question? 
of wliicn uas u^i-" ■= aoDcar to have it. 

['';'r"' X^OLcI^'tT ° lUn m iho yl^'a" and nays. 

^if.- BLACKBURN Yes, let us have the yeas and nays. 

The yeas and nays were ordered. ,,,,p=tion is Will the 

no't'he?n'^a£;edThatrc'antioi^tion hill shall go over unl.l 

°' M°-' ALDMCT?Mr. WASHBURN, and others. Regular or- 

'^I^L PRESIDENT. .o^..p-.^ea^^ 

a request ^'^^ ^^^l^^^hat the mUoption bU go ^^^ ^^^^.^^ 

to-morrow, and obiection ^^^^ ~,j,<.^°g,^ to the consideration of 
iSr thS o?^:£S^^sSSl on whieh the yeas and 

"'^■I'hIrrTs; "Kfnt to ask unanimous consent to talk just 

°",n',^''oT?,!-Q'^nFNT rn-0 temnore. The Senator from Tennessee 

ThePRESIDENij^'Of m2-'«''- be permitted to 

asks unanimous '^f^^ent of the Senate t i^ ^^^^,^ ^^^^^_ 

^'\^^'''uaRrS The huTtff my colleague has asked the 
eo^d^S^is^%eliefof^m..w^ 

^:S^cSi?f^^°^avS;;ri4ous colisentof the 
^^^^i^^i§l^]^^P^'^^ question is on theme 

^''I'l'^r A ciTTRTTRN I rise to a parliamentary inquiry ,_ which 
is'u lhlel™c!f ?Ms motion willV to displace the antioption 

^^e PRESIDENT pro tanpere^ The Sena^ <^^S^S 

:^f:;s::^t^dr=;:"f^^enS^ 

^ ^^(S^- 1 SS^^^nSous consent. I did not want 

^^ifelSSSK^r^^S^^: ^h^St^/^^i^nesota 

'^■•- l^llmENT J^f^^nTo^r?' ThSator from Minnesota 
asS^un^a^L^s.'^Sit of ^^^^^^i^^^^^i^ 
'^^^fS e^^dSr J!^ liJ^l^n^^title of Which will 
'^^TSe CHIEF CLEKK. A hill (H. R. 3572) for the relief of Rich- 
^^^^llSSN^!^;^Sv'^^"thereohjection. The Chair 

''"^ife'sc^nate as in Committee of the Whole-, proceeded to con- 
■ 1 th^ htll ft directs the Secretary of the Treasury to pay to 



r,nt be able to pass that bill this evening. We certainly should 

^^rimr^imouslonVent'tS'le Senate do now Proceed to the 
rislderatlon of a hUl ^^.^ ^^^tel^^^on of the 
acIr'eti^n"s"Jt"hSacata'rd;-Sri^O?L,thenTwawai^^ 

'■"Tfe^PRESIDENT pro tempore. Is there objection? 

^ ^vTI'ifuRN. ^l^Xi!-have to object to the considera- 
^^'¥l^^Sl^V;^^^eS^o;r'objection being made, tlie 

^^"M'^WASHBraN"'AfteVthe'aS\lopt bill has been read 
thrih,^"™?fldd f^rthe consiaei|tion of unobjected case, 
on thi Calendar for the balance of the day. 

J^eSfSSiT^^S;::;:^:!^ the senator from Min- 

then a^ktha^fte unobjected House bills on the Calendar may 

^%'S'"pp^S?DFNT%^'(eSo-^"''Tlf S° nator from Minnesota 
IM^W^^SHSSintmedC the «oor. Does he yield to the 
Senator from Colm-ado [Mr. Wolcott]? 
^. ^:^^Ego\^T^^M^:°Pr:s^K\Ce to a parliamentary in- 



I call for the regu- 



ORDER OF BUSINESS. 

Mr. WASHBURN. Now, Mr. President, 
^'^The PRESIDENT pro tempore. The Senate resumes the con- 

ness 733 be taken up for consideration. 
tr. ^^^^SSf ■ lloJr^Lt will not be done. We shall 



"l3ll^\HX^rr^n^[..W.SH. 
BURNjI nowVn Ms seal. May I be recognized without J^he per- 

mo' 4-t^?a^s"i^o'the cSe^^ation of ^anottier order of business.^ 

f^riL^:^riLitfanf|en"U^^^ ^ere and of 

^"S^'J^^'p^PFS^DiTn^T «?-o°e<nporc. The Chair calls the attention 
. of'tlfe'se\''a'to??.-om^Colo^^^^^ to the fact that debate is not in 

"£ ^^^Mm'l^^f^'^- Chair will state the pend- 

i^3°^i-k^ssr^tS 

°^The CHIEF cIerk!' A bill (S. 842) granting a pension to Ellen 

™^?RESIDENT pro Umporc. Which motion is not debata- 

1 ^^Mr. BUTLER. I simply desire to say that I object. I sup- 

' PTh^^VRF^DEk^Tt ''"«"PO'-c- This isnotarequestforunani- 
niou'crSent but a , Motion Ihat the Senate proceed to the con- 

*^°,"/^'o fi^Hop K T ask for unanimous consent that the Senate 
pS^t?th°''consideratio" of the bill named by the Senator 

'''T,'!.^W°\SHBURN I object, and call for the regular order 
Mr! P ADDOCi" Xml that the regular order may be laid aside 

'''J?.''»'pR FSTDFNT pro lemuorc. Objection being made to the 

¥l'epiE£IDE^4;.v,/;;,:p^^ 'The Chair recognizes the Sen- 
ni;'GASGS^rlS^eSn^wSFance,verylil^ 
of 'the'^-ule^orrtds body, I ^^^^^^^^£^1 l^ZUtr^^^ 
having been taken "P. ^y^'^;*!"/ "^^^f^^'erb^l. and^^^ 
^rr^^^^^^S^^^ consideration ol 
that bill':' 



1892. 



CONGRESSIONAL EECORD— SENATE. 



63:37 



The PRESIDENT pro tempore. Such a motion is in order un- 
der the rules of tlie Senate. 

Mr. GALLINGER. I am very glad to learn the fact. It is 
very extraordinary. 

The PRESIDENT pro tciivpore. The question recui-s on the 
motion of the Senator from Colorado [Mr. Wolcott]. 

Mr. WOLCOTT. I hope the Senator from New Hampshire 
will withdraw the remark about antagonizing the bill. I am not 
antagonizing- it. 

Mr. PADDOCK. That is the effect of the Senator's course. 

The PRESIDENT pro tempore. Debate is not in order on the 
pending question. [Putting the question.] The noes seem to 
have it. 

;Mr. WOLCOTT and Mr. BLACKBURN called for the yeas 
and nays. 

The yeas and nays were ordered; and the Secretary proceeded 
to call the roU. 

Mr. BERRY (when his name was called). I am paired with 
the Senator from Colorado [Mr. Teller]. 

Mr. GALLINGER (when his name was called). I am paired 
with the junior Senator from Texas [Mr. Mills]. If he were 
present I should vote '' nay." 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. MorRILl]. 

Mr. HIGGINS (when his name was called). I am paired with 
the senior Senator from New Jersey [Mr. McPherson]. 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey]; but after consultr 
ing his colleague [Mr. Hansbrough] I feel at liberty to vote on 
this question. I voto ''nay." 

Mr. PLATT (when his name was called). I am paired with 
the Senator from Virginia [Mr. Huxton], who is absent to-day 
on account of sickness. He requested mo to observe my pair in 
all matters, sol withhold my vote. 

Mr. STOCKBRIDGE ( when his name was called). I am paired 
with the Ssnator from Maryland [Mr. Gibson]. 

The roll call was concluded. 

Mr. GEORGE. I desii-a to ask the junior Senator from Ore- 
gon [Mr. Mitchell] how his colleague [Mr. Dolphj, would vote 
on this question if present'? 

Mr. MITCHELL. My impression is that my colleague, if pres- 
ent, would voto " nay " upon this particular question. He is in 
favor of the antioption bill, as I understand. 

Mr. GEORGE. Then the Senator thinks I would be author- 
ized to vote? 

Mr. WASHBURN. The Senator from Oregon [Mr. Dolph] 
authorized me to pair him in favor of the bill. 

Mr. GEORGE. Then, as I agree with him on this question, I 
vote "nav." 

Mr. WOLCOTT. I^Iy colleague [Mr. Teller] is absent from 
the Chamber through illness. If present he would vote "yea."' 

The I'esult was announced — yeas 20, nays 41; as follows: 

YEAS— 20. 



Aldrich, 


Carlisle, 


Hiscock, 


Sawyer, 


Bate, 


Dixon, 


McMillan, 


Vest, 


Brloe, X 


Gorman, 


Palmer, 


Vilas, 


Call, O 


Gray, 


Pugh. 


White, 


CameronrO 


Hill, 


Sanders, 


Wolcott. 


d 




NAYS— 41. 




Allen, 33 
Allison, aj 


Faulkner, 


Kyle, 


Ransom, 


Felton, 


Manderson, 


Sherman, 


Blackb\iriV3 


Georfce, 


Mitchell, 


Shoup. 


Biitler, 


Gordon, 


Morgan, 


Squire, 


Carey. -^ 


Hale. 


Paddock, 


Stewart, 


Chandler, O 


Hansbrough, 


Pasco, 


Turpie, 


Cockrell, '^ 
Coke. lo" 


Hawley, 


Peffer, 


Voorhees, 


Irby, 


Perkins, 


Walthall, 


Colquitt, 3 


Jones, Ark. 


Pettlerew, 


AVaiTen. 


Cullom, t/3 


Kenna, 


Proctor, 


Washburn. 


Davis, 








^ 


NOT VOTING— 27. 




Berry, 


Frye, 


Hun ton, 


Quay. 


Blodgett, 


Gallin£!er, 


Jones. Nev. 


Stanford. 


Casey, 


Gibson, La. 


McPherson, 


.Stockbridge 


Daniel, 


Gibson, Md. 


Mills, 


Teller, 


Dawes, 


Harris, 


Morrill, 


Vance, 


Dolfih, 


lligeins. 


Piatt, 


Wilson. 


Dubois, 


Hoar, 


Power, 





So the motion was not agreed to. 

The PRESIDENTpro tempore. The bill res-.;mes its place upon 
the Calendar without prejudice, in the absence of objection. 

Mr. HISCOCK (at 4 o'clock and 40 minutes p. m.) There arj 
several Senators who desire to speak upon the antioption bill, 
and I have no doubt they will be prepared to do so to-morrow. 
Therefore, I move that the Senate do now adjourn. 

Mr. WASHBURN. If the Senator will withdraw that motion, 
I will suggest that the antioption bill be now read, and then I 
will make a motion to adjourn. 

The PRESIDENT pro ierupore. The motion is not debatable, 

Mr. WASHBURN. I shall be willing to consent to an ad- 



journment as soon as the antioption bill is read 
tion will be voted down. 



I hope; the mo- 
Mr. ALDRICH. Is a motion to adjourn debatable, Mr. Presi- 



dent? 

The PRESIDENT pro tempore. It is not. The question re- 
curs on the motion of the Senator from New York that the Sen- 
ate do now adjourn. [Putting the question.] The noes anpear 
to have it. 

Mr. HISCOCK. I ask for the j-eas and nays. 

Mr. BUTLER. Let us have the bill read. Wo can make tliat 
much progress this afternoon. 

The PRESIDENT pro tempors. The yeas and nays aj-e de- 
manded on the pending question, which is the motiou of Iho 
Senator from New York that the Senate do now adjourn. 

The yeas and nays were ordered: and the Sc.crotary proceeded 
to call the roll. 

Mr. BERRY (when his name was called). I am paired with 
the Senator from Colorado [Mr. Telli'.u]. 

Mr. SHOUP (when the name of Mr. Dubois was called). My 
colleague [Mr. Dubois] is absent from the Chamber to-day on 
account of sickness. 

Mr. GALLINGER (when his name v.-as called). I announce 
again that I am paired with the junior Senator from Texas [Mr. 
Mills]. It he were present I should vote " nay.'' 

Mr. HIGGINS (when his name was called). I am paired with 
the senior Senator from New ,Ier.-ey [.\Ir. McPherson]. 

Mr. STOCKBRIDGE (when his name was called). I am paired 
with the Senator from Maryland [Mr. GibsON]. 

The roll call was concluded. 

Mr. PLATT. I am paired with the Senator from Vira-inia 
[Air. Hunton]. 

The result was announced — yeas 20, nays ,'37; as follows: 

YEAS-20. 

Sanders, 

Sawj-er, 

Vest, 

White, 

Wolcott. 



Squire, 

Stewart, 

Turpie, 

Vilas, 

Voorhees, 

Walthall, 

W ashburn. 



Sherman, 
Stanford, 
Stockbridge, 
Teller, 
Vance, 
Warren, 
Wilson. 
r. 

So the Senate refused to adjourn. 

Mr. GRAY (at 4 o'clock and 4.") minutes p. m.) I move that 
the Senate proceed to the consideration of executive busine.ss. 

Mr. WASHBURN. I call for the yeas and nays on that mo- 
tion. 

The yeas and nays were ordei-ed; and the Secretary proceeded 
to call the roll. 

Mr. CARLISLE (when his name was called). I am paired on 
this question with the Senator from North Dakota [Mr. C.\sey]. 

Mr. GALLINGER (when his name was called). I iigain an- 
nounce my pair with the junior Senatorfrom Texas [Mr. Mills]. 

Mr. HIGGINS (when his name was culled i. I announce my 
pair with the Senator from New Jersey [Mr. McPhekson]. 

Mr. PLATT (when his named was called). I am paired with 
the Senator from Virginia [Mr. Hunton]. 

The roll call was concluded. 

Mr. GRAY. I wish to announce that I am paired with the 
Senator from Idaho [Mr. Dubois]. 

The result was announced— yeas 15, nays 34; as follows: 
YEAS— l.i. 



Aldrich, 


Carlisle, 


Gray. 


B.ate, 


Cx)Ckrell, 


Harris, 


Blackbui-n, 


Coke, 


Hiscock, 


Brice, 


Dixon, 


Palmer, 


Cameron, 


Gorman, 


Piigh, 
NAYS-37. 


Allen, 


Felton, 


Manderson 


AlUson, 


Frye, 


Mitchell, 


Butler, 


George, 


Morgan, 
Paddock, 


Call, 


Hale, 


Carey, 


Hansbrough. 


Pasco, 


Chandler, 


Hawley, 


Peffer, 


Colquitt, 


Hill, 


Pettigrew, 


Cullom, 


Irby, 


Proctor, 


Da\-ls, 


Jones, Ark. 


Ransom, 


Faulkner, 


Kyle, 


Shoup, 




not VOTING-31. 


Berry, 


Gibson, La. 


McMillan, 


Blodgett, 


Gibson, Md. 


McPherson 


Casey, 


Gordon, 


Mills, 


Daniel, 


Hlggins, 


Morrill, 


Dawes, 


Hoar, 


Perkins, 


Dolnh, 


Hunton, 


Piatt. 


Dubois, 


Jones, Nev. 


Power, 


Galllnger, 


Kenna, 


Quay, 



Aldrich, 


Coke, 


Hiscock, 


Vest, 


Bate. 


Cullom, 


Palmer, 


White. 


Brice, 


Dixon, 


Pugh, 


Wolcott 


Cockrell, 


Harris, 


Sawyer. 
NAY.S-34 




Alien, 


Faulkner, 


Kyle, 


.Squire, 


Allison, 


Frve, 


M;inderson, 


Stewart, 


Blackburn, 


George, 


Mitchell, 


Turpie, 


Butler, 


Hale, 


Paddock, 


Vilas. 


Call, 


Hansbrough. 


Pasco. 


Voorhee 


C.irey, 


H.awley, 


Pefler. 


Walthal 


Chiiadler, 


Irby. 


Pettigrew. 


Washbui 


Colqiutt, 


J cues. Ark. 


Proctor, 




Darts, 


Kenna, 


Shoup, 





XXIII- 



-397 



6338 



Bcrrv. 
Blodgolt, 

Oai'lislo, 

CAsoy. 

Daniel. 

Dawes, 

D61ph. 

Dubois. 

Feltou, 



CONGRESSIONAL EEOORD— SENATE. 



July 18, 



NOT VOTING— 39. 
Gallinger, Jones, Nev. 



Glbsou. La. 

Gibson, MJ. 

Gordon, 

Gorman, 

Gray, 

Hlggins, 

Hill, 

Hoar, 

Hun ton, 



McMillan, 

McPhersou. 

Mills, 

Mlorgan, 

MorrlU, 

Perkins, 

Pliitt. 

PoliTer, 

Qua;y. 



Ransoi?!, 

Siinaers, 

Sherman, 

Stanforfl, 

SlooUbridge, 

Teller, 

Yftnce, 

Wilsoii. 



So the motion was rejected. 



DEALING IN OPTIONS AND FUTURES. 



The PRESIDENT 2^ tempore. The Senate resumes tjie con- 
sideration of the pending business, being the antioption bill, 

%*Ir BUTLER. I call (or the reading of the bill. 
Mr WHITE (at i o'clock and 53 minutos p. m.). I move that 

%f°WASHBURN'^TSc for the yeas and nays on that mo- 

^^Mr. CULLOM. Let the vote bo first taken without the yoas 

""ThJ^PRESIDENT pro tempore. Does the Senator from Min- 
Tipwla withdraw the demand for the yeas and nays. 

Ml- WASHBURN. I withdraw the demand tor the yeas and 
nays for the present. 

Mr. WtllTE. I renew the demand. 

Tlip veas and navs were ordered. . . 

The PRESIDENT pro tempore. The Senator from Louisiana 
[Mr White] moves that the Senate do now adjourn. 

The Secretary will call the roll. ,, ,-, -i . 

Mr WHITE. I will withdraw my motion, Mr. Presiden..^ 

Thn PRESIDENT pro tempore. The yeas and nays having 
been ordered, the motion can only bo withdrawn by unanimous 

C0ns3nt. . . 

M'- WHITE. I ask unanimous consent. _ _ . 

TliePRESIDENTpro if nyiorc. Is there objection.-' IheOhair 

^Tlr WASHBURN. It is very evident that the Senate is not 
prepared to go on with the discussion of the bill to-night. I 
therefore move that the Senate proceed to the consideration of 

''^Th^^PRESIDENT pro tempore. The Senator from jSIinnesota 
moves that the Senate proceed to the consideration of executive 

^"'^Mr'^ BUTLER Before tliat motion is put, Jilr. President, if 
the Senator will yield for one moment, I should like to have an 
understanding that to-morrow morning after the regular routine 
business this bill will be taken up for consideration. 

The PRESIDENT i)ro tempore. Pending the motion to pro- 
ceed to the consideration of executive business, the Senator from 
South Carolina [Mr. ButlebJ asks the unanimous consent of the 
Senate that the pending measure, which is the bill (H. R. ibij , 
defuiin"- " options " and " futures, "imposing special taxes on deal- 
ers therein and recLuiring such persons engaged in selling cer- 
tain products to obtain license, and for other purposes, be made 
the order at the conclusion of the routine mornmg business to- 
morrow Is there objection? 

Hr ALLEN Mr. President, I appeal to the Senator from 
South Carolina [Mr. Butler] in behalf of a bill I wish to have 
taken up to-morrow after the conclusion of the routine business. 
On several occasions, owing to the sickness of the cliairman of 
the Committee on Indian Affairs, I have been prevented from 
callino- up a bill which very strongly affects my State. It is a 
bill atlectino- a large number of people m my State, for the pas- 
sao-e of whil-h I have been importuned, and for a hearing of 
which I have been struggling, and have been clelayodon at least 
half adozon occasions, 1 think, owing to the ill-health, or some 
other such cause, of the chairman of the Committee on Indian 

Tlie PRESIDENT proicnqjore. Tlie Chair calls the attention 
of tho Scnaior from Washington to the fact that a request for 
unanimous consent is akin to a motion to proceed to the consid- 
eration of another bill, and can only proceed by unanimous con- 
sent. Is tliere objection? 

Mr. ALDRICH. I object. ^-, . ,. , • , „ 

The PRESIDENT 2^ro tempore. Objection being made, the 
Senator from Washington can not proceed. Is there objection 
to the request for unanimous consent made by the Senator from 
South Carolina [Mr. Butler]? 

Mr. ALDRICH. I object, Mr. President. 

Mr BUTLER. Objection is quite unnecessary. 

The PRESIDENT pro tempore. Pending the motion to pro- 
ceed to the consideration of executive business, the Senator 
from South Carolina asks the unanimous consent of the Senate 
that the pending bill, known as the antioption bill, shall be the 



order at the conclusion of the routine morning business to- 
morrow. Is there objection? 

Mr. ALDRICH. I entered an objection sometime ago. 

The PRESIDENT pro tempore. Objection being made, the 
unanimous request is denied. The question recurs on the motion 
of the Senator from Minnesota [Mr. Washburn] that the Sen- 
ate proceed to the consideration of executive business. 

The motion was agreed to; and the S^mate proceeded to the 
consideration of executive business. After twelveminutes spent 
in executive session the doors were reopened, and (at >) o clock 
and 8 minutes p. m.) the Senate adjourned until to-morrow, 
Tuesday, July 19, 1892, at 12 o'clock m. 



CONFIRMATIONS. 

Executive nominedions confirmed by the Senate Jubj IS, 18dS. 

postmasters. 
Philip Altshimer, to be postmaster at Highland Falls, in the 
countv of Orange and State of New York. , . , 

Charles G. Bacon, to be postmaster atNorthville, in the county 
of Fulton and State of New York. 

Bryant S. Palmer, to be postmaster at Carmel, m the county ol 
Putnam and State of New York. ,,. ^, ■,, .i, ua 

Emory L. Tompkins, to bo postmaster at Fishkill-on-the-Hua- 
son, in the county of Ductchess and State of New York. _ 

William H. Wright, to be postmaster at Bath Beacn, m the 
countv of Kings and Stat^ of New York. _ 

John M. Boyer, to be postmaster at London, m the county ol 
Madidon and State of Ohio. ^ t tr 

ICvan B. Kirby, to be po.-itmaster at Scio, in the county ol Har- 
rison and State of Ohio. ,,,.,. • <i „ 
.1. Eli Good'mough, to be postmaster at Montpoher, in the 
county of Washington and State of Vermont. 

(ieorgo W. .Tones, to be postmaster at Falmouth, in the county 
of Barnstable and State of Ma.-;sacbusetts. _ 

Rob?rt G. Mitchell, to be postmaster at Pacific Grove, in the 
county of IMonterev a;d State of California. _ 

Brio-gs C. Farnum, to be postmastei- at Paso Roblos, in the 
county of San Luis Ol'ispo and State of California. _ 

Aureliuj D. Brown, to bo postmaster at Madison, m the 
county of Lac qui Parle and State of Minnesota. _ 

Miss Anni.^ M. Baker, to l)e postmaster at Millington, m the 
county of Morris and State of New Jersey. .„.,,.,. 

James H. Leonard, to be postmaster at Atlantic Highlands, in 
the countv of .Monmouth and Slate of New Jersey. _ 

George' C. Kessler, to be postmaster at Short Hills, in the 
county of Essex and State of New Jersey. _ 

Jarid C. Irwin, to bo postmaster at Sunbury, m the county of 
Northumbei-land and State of Pennsylvania. , . . ^, 

George W. Blaekburn, to l>e postmaster at Columbia, m the 
county of Maury and State of Tennessee. „ , • ^u 

Edmund G. Harrison, to be postmaster at Asbury Park, in the 
county of Monmouth and State of New .Ter.scy. _ 

William T. Corlies, to be postmaster at Red Bank, in the 
county of Monmouth and State of New .rer.sey. 

Ulysses S. Grant, to be postmaster at Dallas, in the county oi 
Polk and State of Oregon. tt .• . • *i, 

Thomas B. A. Watson, to be postmaster at Ilartington, in the 
county of Cedar and State of Nebraska. ^ 

William T. McFarland, to be postmaster at Stanton, in the 
county of Stanton and State of Nebraska. . 

Essie G. Robertson, to bo postmaster at Independence, in tue 
county of Polk and State of Oregon. „ , , . ,^ 

Henry M. Morris, to be postmaster at Rantoul, in the county 
of Champaign and State of Illinois. 

Elihu :M. Cass, to be postmaster at Sumner, in the county of 
Bremer and State of Iowa. . 

Washington E. Davis, to be postmaster at Keosauqua, m the 
countv of Van Buren and State of Iowa. 

Erastus T. Roland, to be postmaster at Eldon, in the county 
of Wapello and State of Iowa. . ■ ., 

Louis J. Picrnas, to be postmaster at Bay St. Louis, in the 
county of Hancock and State of Mississippi. 

Miss Mary Figlcy,to be postmaster at LaHarpe, in the county 
of Hancock ^^nd State of Illinois. _ _ 

John W. Moore, to be postmaster at Assumption, in the county 
of Christian and State of Illinois. 

Edward L. Goodyear, to be postmaster at North Haven, in the 
county of New Haven and State of Connecticut. 

Daniel T. Carlton, to be postmaster at Arcadia, in the county 
of De Sota, and State of Florida. 

promotions in the army. 
Aijuleint-General'sneparlnient. 
Lieut. Col. Oliver D. Greene, assistant adjutant-general, to be 
assistant adjutant-general. 



1892. 



CONGEESSIONAL RECORD— HOUSE. 



6339 



Maj. AJicliael V. Sheridan, actiug assistant adjutant-general, 
to be assistant adjutant-general. 

Infaninj arm. 

Lieut. Col. Andi'ow S. Burt, Seventh Infantry, to be colonel. 
RIaj. Daniel TV. Bcnham, Seventh Infantry, to be lieulenant- 

eolonel. 

CORPS OF ENGINEERS. 

To be addiiional second Ueutenants. 

1. Cadet James B. Cavanaugh. 

2. Cadet James P. Jcrvey. 

ARTILLERV ARM. 

To be second lieutenants. 
'J. Cadet Frank E. Harris, vice Peck, First Artillery. 

4. Cadet George Blakely. 

5. Cadet Jay E. Hoffer. ' 

C. Cadet Tracy C. Dickson. 

To be additional second lieutenants. 

7. Cadet Arthur W. Chase. 

8. Cadet Frank W. Coe. 

9. Cadet Kennetli INIorton. 

10. Cadet William R. Smith. 

11. Cadet Henry H. Whitney. 

12. Cadet Samuel A. Kephart. 

13. Cadet Louis R. Burgess. 
15. Cadet James A. Shipton. 
lt>. Cadet Sawyer Blanchard. 

CAVALRY ARM. 

To be second lieutenants. 

17. Cadet George C. Barnhart. 
21. Cadet William G. Fitz-Gerald. 
Z-. Cadet James H. Reeves. 

23. Cadet Kirby Walker. 

2J. Cadet Claude B. Sweezey. 

28. Cadet Sterling P. Adama. 
31. Cadet Alexander M. Davis. 
S2. Cadet Julian R. Lindsay. 
:i3. Cadet Edmund M. Leary. 
35. Cadet Howard R. Hickok, 
30. Cadet Samuel B. Arnold. 

48. Cadet Samuel McP. Rutherford. 

To be additional second lieutenant. 
34. Cadet Julius T. Conrad. 

INFANTRY ARM. 

To be second lieutenants. 

14. Cadet Charles C. Jameson. 

18. Cadet William Chamberlaine. 

19. Cadet John McA. Palmer. 

20. Cadet Charles P. Summerall. 

24. Cadet John K. Miller. 
20. Cadet Jacob H. G. Lazelle. 
27. Cadet Henry A. Pipes. 

29. Cadet Trabor Norman. 

30. Cadet Horace M. Reeve. 

37. Cadet Willard E. Gleason. 

38. Cadet William Newman. 

39. Cadet Prank A. Wilcox. 

40. Cadet John J. O'Connell. 

41. Cadet Henry G. Cole. 

42. Cadet George S. Harison. 

43. Cadet Hansford L. Threlkeld. 
41. Cadet William H. Anderson. 

45. Cadet Peter W. Davison. 

46. Cadet Leonard M. Prince. 

47. Cadet Marcus B. Stokes. 

49. Cadet John H. Parker. 

50. Cadet George W. Kirkpatrick. 

51. Cadet John E. Woodward. 

52. Cadet William W. Haney. 

53. Cadet Dennis M. Michie. 

54. Cadet Frederick T. Stetson. 

55. Cadet James T. Moore. 
50. Cadet William D. Davis. 

58. Cadet Isaac Erwin. 

59. Cadet Samuel V. Ham. 
CO. Cadet George H. McMastcr. 

01. Cadet Robert W. Mearns. 

02. Cadet Horace G. Hamhright. 



HOUSE OF EEPKESENTATIVES. 
Monday, Juli/ i.% isos. 
.The House met at 11 o'clock a. m. Prayer by the Rov. J. H. 

CUTHBEET, D. D. 
The Journal of Saturday's proceedings was read and approved. 

CONFERENCE ON FORTIFICATION BILL. 

Mr. HENDERSON of Iowa. Mr. Speaker, I ask that tho gen- 
tleman from Massachusetts, Gen. Cogswell, be indolinitoly ex- 
cused on account of sickness. I wish also to suggest to tho Chair 
that tho gentleman from Massacliusett^s is one ol' tho conferees 
on the part of the House upon the fortification appropriation 
bill, and that the other member of tho subcommittee on that bill 
is the gentleman from Vermont [Mr. Grout]. 

The SPEAKER. Without objection, indefinite leave of ab- 
sence will bo granted to the gentleman from Ma-sachusctts [Mr. 
Cogswell] on account of sickness. The Chair hears no o'ojec- 
tion. The Chair appoints as one of tho confenes on tho fLrtifi- 
cation appropriation bill the gentleman from Vermont [Mr. 
Grout], in lieu of the gentleman from Massachusetts. 

BUSINESS OF COMMITTEE ON FOREIGN AFFAIRS. 

Mr. BLOUNT. I ask unanimous consent that the Committee 
on Foreign Affairs have leave to sit during the sessions of the 
House. 

Thei-e being no objection, leave was granted. 

.SENATE BILLS REFERRED. 

The SPEAKER laid before the House Senate bills and a joint 
resolution of the following titles, which were severally road twice, 
and referred as stated: 

A bill (S. 3325) granting an increase of pension to George W. 
Clark — to the Committee on Pensions. 

A bill (S. 2398) for the relief of Henry W. Lee— to the Com- 
mittee on Indian Aft'airs. 

A bill (S. 2772) for the relief of Seaton Norman— to tho Com- 
mittee on Naval .VtTairs. 

A bill (S. 3410) regulating licenses in the District of Columbia, 
and imposing penalties for engaging in any trade, business, or 
profession without having first obtained a license therefor— to 
the Committee on the District of Columbia. 

A bill (S. 3093) to amend an act entitled "An act for tho relief 
of W. H. Tibbits," approved August 8, 18SS— to the Committee 
on Private Land Claims. 

A bill (S. 11)4')) granting a pension to Helen A. Patterson— to 
the Committee on Invalid Pensions. 

A bill (S. 3183) to extend to Duluth, Minn., the privileges of 
the fii-st section of an act entitled '-An act to amend the statutes 
in relation to immediate transportation of dutiable goods, and 
for other purposes,"' approved Juno 10, 188S— to the Committee 
on Interstate and Foreign Commerce. _^„_ 

.Toint resolution (S. R. 100) to permit the railroads of thv^Cfl!,- "i!IH.'f 
trict of Columbia to lay extra tracks to accommodate the tra^■- 
eling public during the Grand Army of the Republic encamp- 
ment—to the Committee on the District of Columbia. 

WILLIAM S. WALKER. 

The SPEAKER laid before the House the bUl (S. 3415) to re- 
move the political disabilities of William S. Walker, of Atlanta 
Ga. ' 

Mr. LIVINGSTON. I ask unanimous consent that this bill 
be now considered. It is for the relief of an old general in tho 
Confederate army. 

The bill was read, as follows: 

JSt it enacted by the Senate and Ho>jS3 0f Ueprescnlatives of the l'nil«l Stales of 
AmeHeu in Corigress assembled i.two-thinU v/each House conc'irrinrj therein) 
That an legal and political disabilities imposed by liie foiirteeuth amend- 
ment ot the Constitiujon of the United States by rea.son of panleipatlon In the 
late rebelUou be, and they are hereby, removed from WiUlam S Walker 
of Atlanta, Ga. 

Mr. LIVINGSTON. Mr. Speaker, this genilcmau \vas an 
officer 

Several Members. No objection. 

There being no objection, the House proceeded to the con- 
sideration of the bill; which was read three times, and passed 
(two-thirds voting in favor thereof). 

JOHN A. LYNCH. 

Mr. HARE. I ask unanimous consent for the present consid- 
eration of the bill (S. C4) for the relief of John A. Lynch. 

The bill was read, as follows: 

Be it enacted, etc.. That in arconlanc? with Iho tlurtinis of the Court ot 
Claims the Secretary of the Treasury be. and he Is hert-bv. authorized .and 
required to pay to John A. Lynch, out of any money in the Treasury not 
olhei-wlse appropriated, the sum ot Sl.i:!r,06, in full and complct<> satlsfac- 
tlon for services rendered and expeu.'.es incurred and defrayed bv him, tha 
said JohnA. Lynch, to and for the United States at Cincinnati. iuiheStala 
of Ohio, in the years 1661 and 186-;, 



6340 



CONGRESSIONAL RECORD— HOUSE. 



July 18, 



Ml' KILGORE. I ask for the reading- of the report. 

The SPEAKER. The report., which is of a documentary na- 
ture is long. Perliaps the gentleman from Ohio [Mr. Hare] 
can state the substance of it. 

Mr. KILGORE. I presume the gentleman can slate the facts 
oi the case. I think the House ought to have some information 
in rec;ard to it. 

Mr. HAKE. Mr. Speaker, this bill provides compensation for 
services rendered by the claimant in Cincinnati in 1861 in or- 
ganizing and equippiny troops under the direction of Gen. Fre- 
mont. The understanding was that lie should be commissioned 
as a captain and quartermast':;r in the United States military 
service: and he was in Novemb:!r, 1862, so commissioned, but 
not with rank covering the time during which these services 
had been rendered. The Court of Claims has found that-if he 
had been actually commissioned as a captain and quartermaster 
at that time the araountof compensation and allowances to which 
he would have been entitled would have been $2,600. The ex- 
act figures are given in the report. But inasmuch as he made 
no claim for t;reater compensation than one thousand two hun- 
dred odd dollars they limit his right of recovery to that sum, 
and, deducting a credit of $125, they report in his favor to the 
amount of $1,137.98. 

Mr. KILGORE. Does the gentleman state that this matter 
has been passed upon by the Court of Claims';' 

Mr. HARE. Oh, yes. 

Mr. KILGORE. And the amount claimed in the bill is the 
amount ascertained by the courtV 

Mr. HARE. Yes, sir. 

Mr. KILGORE. I will not object. 

Mr. BUSHNELL. Let me ask the gentleman why it is that 
this claim was not paid bef oro? It seems to have slept some thirty 
years. 

Mr. HARE. I am unable to answer the gentleman's question. 
It has been pending here before several Congresses, and has been 
favorably reported more than once. It was not reached, how- 
ever, for consideration on the Calendar in any previous Con- 
gress. 

Mr. BUSHNELL. How did it come before the Court of Claims'? 

Mr. HARE. By a petition filed some years ago. I do not re- 
member jireciselv when. 

Mr. BUSHNELL. Not by a special act? 

Mr. HARK. Oh, no. 

The SPEAKER. Is there objection to the present considera- 
tion of the bill'? 

Mr. WATSON. I object. 

ARCHIBALD C. LEGG. " 

Mr. DE ARMOND. Mr. Speaker, I ask unanimous consent 
for the present consideration of the bill (H. R. 8086) to carry 
out the findings of the Court of Claims in the case of Archibald 
C. Legg. deceased, ns. The United States. 

The SPE.'VKER. The bill will be read, subject to objection. 

The bill was read at length. 

The SPEAKER. Is there objection to the present considera- 
tion of the bill'? 

Mr. REED. Let the report be read before consent is given. 

The SPK.'VKER. The report will be read, subject to objec- 
tion. 

The re]iort was read at length. 

Mr. REED. Why does not this come under the head of what 
are known as the 4th of July claims? 

Mr. DE ARMOND. I did not understand the question of the 
gentleman from Maine. 

Mr. REED. Why has not this been passed upon by the Quar- 
termaster-General in the usual method jirescrilsed for the con- 
sideration of these so-called -ith of July claims? 

Mr. DE ARMOND. I can only say in reply to the gentleman 
from Maine that this gentleman,'Mr. Logg, died during the war. 
But why the claim was not presented and passed upon in the 
manner he suggests I do not know. Nor do I know that it was 
not so passed upon, andean not give the information. 

It seems to have been presented here years ago and referi-ed 
totheCourtof Claims and passed upon by that body. If anything 
is to be allowed the claimant it seems to be most reasonable that 
$75 a head should te given for these fourteen mules. 

Mr. REED. As I understand it, the Government has passed a 
law by which all claims of this character may be investigated and 
passed upon by the Quartermaster's Department, and we used to 
pay, on the ascertainment of the result of the Quartermaster's ex- 
amination, such claims as were recommended by him. This 
seems to be a case of that character, and I do not see why it was 
t not so adjiidicated. It is now thirty years of age 

Mr. BO ATNER. I will say to the gentleman from :Maine that 
I had a resolution referred by the last Congress directing an in- 
vestigation of this character, and the Quartermaster refused to 



conduct the Investigation because there was no appropriation. 
He refused to execute the order of the House. 

The SPEAKER. Is there objection to the present considera- 
tion of the bill? 
' ISIr. WATSON. I object. 

ARCHIE ST. CLAIR AND CHARLES E. ROGERS. 

Mr. QUACKENBUSH. Mr. Speaker, I ask unanimous con- 
sent for the present consideration of the bill (H. R. 5869) for the 
relief of Archie St. Clair and Charles E. Rogers. 

The SPEAKER. The bill will \x read, subject to objection. 

The bill was read, as follows: 

He it enacted, etc.. That the Secretary of the Treasury be, and he is hereby, 
authorized and directed to pay. out or any money in the Treasury not other- 
wise appropriated, the sums herein named, respectively, to the parties herein 
named, in full of all damages sustained by them by reason of the colliding 
of the United States steam tug Ordanance with the canal boat A. C. Chan- 
dler, in the New Vork Harbor, on June 29, 188?, the United States local in- 
spectors of stoam vessels having reported that such collLsion was due en- 
tirely to fault on the part of the Ordanance, namely: To Archie St. Clair, 
of New York City, for damages to his canal boat A. C. Chandler, S^l.lOO, and 
to Charles E. Rogers & Co.. of New York City, for damages to lumber then 
on board said canal boat, JU4. all of which papers of proof are at the Third 
Auditor's Ofllce on file and subject to perusal. 

There being no objection, the bill was considered, and ordered 
to be engrossed and road a third time; and being engrossed, it 
was accordingly read the third time, and passed. 

On motion of Mr. QUACKENBUSH, a motion to reconsider 
the last vote was laid on the table. 

CITY OP RALEIGH, N. C. 

Mr. BUNN. Mr. Speaker, I ask unanimous consent for the 
present consideration of the bill (H. R. 9270) for the relief of the 
city of Raleigh, N. C. 

The SPEAKER. The bill will be read subject to objection. 

The bill was read, as follows: 

Be it enacted, etc.. That the Secretary of the Treasury be, and he is hereby, 
authorized and dii-ected to pay, out of any money in the Treasury not other- 
wise appropriated, to the city of Raleigh. State of North Carolina, the sum 
of If731.6<5, the same being one-third of the costof paving the streets in front 
of the United States post-ofBce building in said city. 

There being no objection, the bill was considered, and ordered 
to be engrossed and i-ead a third time; and being engrossed, it 
was accordingly read the third time, and passed. 

On motion of Mr. BUNN, a motion to reconsider the last vote 
was laid on the table. 

THE CHEROKEE STRIP. 

Mr. SIMPSON. I offer the resolution which I send to the 
Clerk's desk, and ask unanimous consent for its present consid- 
eration . 

The SPEAKER. The Clerk will report the resolution, after 
which the Chair will ask if there be objection to its considera- 
tion. 

The Clerk read as follows : 

Jtesolccd, That the Committee on Rules be, and is hereby, authorized to 
liriug in a rule setting a day before the adjournment ot this session tor the 
consideration of the bill H. R. 9190, reported from the Committee on Indian 
Affairs, known as the Peel bill, for the opening of the Cherokee Strip. 

Mr. SIMPSON. I ask unanimous consent that I may be allowed 
five minutes in which to make a statement in regard to this bill. 

Mr. DINGLEY. The right to object is reserved, of course. 

The SPEAKER. The gentleman from Kansas [Mr. Simpson] 
asks unanimous consent that he may be allowed to make a state- 
ment for five minutes, before the question of unanimous consent 
for the consideration of the resolution is submitted. Is there ob- 
jection? [After a pause.] The Chair hears none. The gentle- 
man from Kanas is recognized. 

Mr. SIMPSON. Mr. Speaker, this is a bill ot very great impor- 
tance. There are jieople gathered along the southern border of 
Kansas from all parts of the United States. Many of them have 
been waiting moi'e thanayear for the opening of this tei'riiory. 
The Commissioners appointed have agreed with the Indians, have 
reported to the President, and the President has furnished the 
House with this treaty. Th is bill involves the opening of nearly 
5,000,000 acres of the very best land in the United States, and I 
doubt if it is equaled in the whole world. The people of this 
country are demanding this land for their homes. They await 
the action of this House. 

The bill invplves the appropriation of some $8,000,000, but it 
is not an appropriation that will be any loss to the people of the 
United States. The bill fixes the price ot the land, part of it at 
$•^.50 per acre and part of it at $1.50 per acre. This will result 
in a gain to theGoverninentof$2,500,U00or$.3,000,000 above what 
the Govei-nment will pay for it, and it will be a profitable invest- 
ment for the people of 'the United States, so that it is merely 
loaning the money and not appropriating it. 

I luiderstand of course, with the large appropriations the Demo- 
cratic party has already made, that they may hesitate about ap- 
propriating this money, but yet it occurs to me that after you 
have appropriated such immense sums for building battle ships. 



1892. 



CONGEESSIONAL KECORD— SENATE. 



6391 



tion is sustained what effect will it have upon the antioption bill 
at 2 o'clock to-mori-ow? 

The PRESIDENT protempore. It will have no eCfect upon it, 
because at 2 o'clock to-morrow the unfinished business under the 
rules will be laid bifore the Senate. 

Mr. GEORGE. The special order would have no precedence 
over if? 

The PRESIDENT pro tempore. It would not displace it. 

Mr. PLATT. I think the Senator from Washington is enti- 
tled to the courtesy which ho asks of the Senate. This is a bill 
in which he and his people are vei-y much interested. The chair- 
man of the committee [Mr. Dawes] asked him to postpone its 
consideration several times on account of illness and he com- 
plied with the request, and has been forced into what now appear.s 
to be the last of the session. I think ho ought to have an oppor- 
tunity to have the bill considered. 

The PRESIDENT pro tempore. The Senator from Connecti- 
cut will please suspend. The hour of 2 o'clock having arrived, 
the Chair lays before the Senate the unfinished business, which 
will be stated. 

The Chief Clekk. A bill (H. R. 78-15) defining "options" 
and •■futures," imix)sing special taxes on dealers therein, and 
requiring such persons engaged in sailing certain products to 
obtain license, and for other purposes. 

Mr. WASHBURN. Mr. President 

Mr. PLATT. Will -the Senator from Minnesota allow the 
unfinished business to be laid aside long enough to get a vote on 
the motion of the Senator from Washington? 

Mr. WASHBURN. I will do so. 

Mr.-PEFFER. I wish to say in reference to the motion of the 
Senator from Washington that I feel like opposing it for the 
rea.son that I have asked leave two or three different times to 
call up a resolution that had come over from a previous day. 
Finally it was taken up, and I gave way. at the request of other 
Senators, and the time was occupied until the morning hour had 
expired. I should like very much, indeed, if anj' such courtesies 
are to be extended, that I may be permitted to ciU up that res- 
olution to-morrow morning during the morning hour. 

The PRESIDENT pro tempore. The Chair understands the 
Senator from Minnesota to yield to the Senator from Washing- 
tiou, that a vote mav be taken upon the motion made by him? 

Mr. WASHBURN. I do. 

l\Ir. ALLEN. I wish to appeal for an instant to the Senator 
from Kansas. 

Mr. CULLOM (to Mr. Allen). There will be no objection to 
your motion, I think. 

Mr. ALLEN. Very well: I submit the motion. 

Mr. CALL. Mr. President 

The PRESIDENT 2iro tempore. Does the Senator from Min- 
nesota, who is recognized as entitled to the floor, yield to the 
Senator from Florida, who has addressed the Chair? 

Mr. WASHBURN. I do. 

INIr. CALL. I desire to state that I gave notice that this morn- 
ing at the conclusion of the morning hour I would address the 
Senate upon a resolution I formerly introduced and upon that of 
the Senator from Indiana [Mr. Voorhees]. in relation to the labor 
troubles. I desire now to renew the notice that to-morrow morn- 
ing I desire to submit some remarks on the resolution before the 
Senate. I give notice that at the conclusion of the routine busi- 
ness, I shall ask the Senate to indulge me in a few remarks. I 
ask that the Senate Committee on the Judiciary may be dis- 
chargedfrom the further consideration of the resolution referred 
to them, and that it may be printed and lie on the table. 

The PRESIDENT protcynporc. The question is on the motion 
of the Senator from Washington [Mr. Allen] that the bill (S. 
30.jG) giving consent of Congress to the removal by the Legisla- 
ture of the State of Washington of the restrictions upon the 
power of alienation of a portion of the lands in the Puyallup In- 
dian Re.servation, upon certain conditions therein contained, bo 
made a special order for half j^ast 12 o'clock to-morrow. 

Mr. jNIORGAN. I desire to ask whether that would displace 
the business which goes over until to-morrow from to-day? 

The PRESIDENTpro tempore. The Chair would construe the 
rule that the resolution introduced by the Senator from Alabama, 
having received consideration in the morning hour, will be 
placed upon the Calendar subject to motion. 

Mr. WARREN. Mr. President, I do not wish to antagonize 
the bill that is sought to be made a special order, but I have 
given notice that I wish to occupy a little time to-morrow morn- 
ing at the close of the routine business. I ask that the bill may 
not displace the notice I have given. 

Mr. ALLEN. I think it will take but a very short time to dis- 
pose of the bill I wish to have set down for consideration to- 
morrow. 

The PRESIDENT pro temijore. The question is on the motion 
of the Senator from Washington. [Putting the question.] The 



ayes seem to have it. The ayes have it, and the motion is 
agreed to, two-thirds, as required by the rule, having voted in 
favor thereof. 

RIOT AT HOMESTEAD, PA. 

Mr. C^VLL. I ask the indulgence of the Senator from Minne- 
sota a moment. 

The PRESIDENT pro (f'/iiporc Does the Senator from Min- 
nesota yield to the Senator from Florida? 

Mr. WASHBURN. Yes, sir. 

Mr. CALL. I introduced a resolution sometime since, which 
was referred to the Committee on the Judiciarj'. I ask that the 
committee be dischargL'd from its consideration, and that it be 
printed and lie upon the table. 

The PRESIDENT pro tempore. The Senator fiom Florida 
asks that the resolution referred to the Committee on the .Ju- 
diciary on the 7th day of July be withdrawn from the committee 
and lie upon the table. 

Mr. PLATT. Lot the resolution bo reported. 

The PRESIDENT pro tempore. The resolution will be stated. 

The Chief Clerk. A resolution, by Mr. Call, defining the 
crime of treason and providing for the arrest, indictment, and 
trial of all persons armed and in the service of the Pinkertons, 
engaged in the recent attack on the people of the United States 
at the battle of Homestead. 

The PRESIDENT pro tempore. Is there objection to the re- 
quest of the Senator from Florida? 

Mr. PLATT. Why does the Senator wish to withdraw the 
resolution from the Committee on the Judiciary? Is it simply 
in Older that he may make some remarks upon it? 

Mr. CALL. First, because I want to have it printed, and 
second, because I wish to submit some observations to the Sen- 
ate upon it. 

The PRESIDENT pro tempore. The Chairs hears no objec- 
tion. The resolution is withdrawn from the committee, and 
will be printed and lie on the talde. 

DEALING IN OPTIONS AND FUTURES. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the bill (H. R. 784.5) defining '■options" and " futures," 
imposing special taxes on dealers therein, and requiring sucli 
persons engaged in selling certain products to obtain license, 
and for other jjurposes. 

The PRESIDENT pnv tempore. The bill will be read at length, 
as in Committee of the Whole. 

Mr. WOLCOTT. I know of no more important question than 
the resolution which was before the Senate until 2 o'clock, and 
in the middle of the debate upon which this bill was announced 
as the regular order. I move that the consideration of the res- 
olution of the Senator from Alabama be continued. 

The PRESIDENT pro tempore. The Senator from Colorado 
moves that the Senate proceed to the consideration of a resolu- 
tion which will be stated. 

The Chief Clerk. A resolution, by Mr. Morgan, directing 
the Committee on Finance to report to the Senate a bill to give 
to all paper money issued dii'ectly by the United States as a legal 
tender for dues, and to all standard silver dollars of the United 
States, the full legal-tender effect that is given by law to coins 
of gold. 

The PRESIDENT pro tempore. The question is on agreeing 
to the motion of the .Senator from Colorado [JNIr. WOLCOTT]. 

Mr. WOLCOTT. On that I ask for the yeas and nays. 

The yeas and nays were ordered. 

Mr. WASHBURN. I rise to a parliamentary inquiry. 

The PRESIDENTpro tempore. The Senator will state it. 

Mr. WASHBURN. What woidd be the effectof the adoption 
of the motion on the pending measure? 

The PRESIDENT pro tempore. It would displace the pending 
measure. 

ISlr. COCKRELL (to Mr. Washburn). It would kill your 
bill. ^ 

The PRESIDENT pro tempore. The Secretary will call the 
roll on agreeing to the motion of the Senator from Colorado. 

The Secretary proceeded to call the roll. 

Mr. BERRY (when his name was called). I am paired gener- 
ally with the Senator from Colorado [Mr. Teller]. 

Mr. CALL (when his name was called). I am paired with the 
Senator from Vermont [Mr. Proctor]. I do not know how he 
would vote. I should vote "nay " if he were here. 

Mr. DAVIS (when his name was called). lam paired with the 
Senator from Indiana [Mr. Tl'RPIE]. I understand the Senator 
from Indiani would vote with me on this question, and I vote 
"nay,'' 

Mr. GALLINGER (when his name was called). I am paired 
with the junior Senator from Texas [Mr. Mills]. If he were 
present I should vote "nay." 

Mr. GEORGE (when his name was called). I am paired vith 



6392 



CONGRESSIONAL EECORD— SENATE. 



July lu, 



tho Senator from Oregon [Mr. DOLPHJ. 
■ whe 



I am paired with 
I am paired with 



1 ^.„„ „..f,— T L-.— - J- ^ submit to his col- 
league [Mr. Mitchell] ivhol'her I would be at liberty to vote on 
this question. 

Mr. MITCHELL. My colleague [Mr. DOLPy] woujd vote 
against tho pending motion, the antioption bill being before the 
Senate. 

Mr. GEORGE. I vote " nay." 

Mr. HARRIS (when his nafne was called), 
the Senator from Vermont [Mr. Morrill]. 

Mr. HIGGINS (when his name was called), 
tho senior Senator from New Jersey [Mr. McPHERSON],_but I 
assume that he would be opposed to the present consideration of 
the resolution of the Senator from Alabama, and therefore I vote 
" nay." 

Mr. McMillan (when his namo was called). I am paired 
with the Senator from North Carolina [Mr. Vance]. On this 
question I feel at liberty to vote, and I vote "nay." 

Mr. MORGAN (when his name was called). I am paired with 
the Senator from Massachusetts [Mr. Dawes]. 

Mr. PUGH (when his name was called). I am paired with the 
Senator from Massachusetts [Mr. Hoar]. 

The roll call was concluded. 

Mr. CALL. Taking it for granted that the Senator from Ver- 
mont [Mr. Proctor] would vote "nay," I will vote. I vote 
" nay." 

Tlie result was announced — yeas 7, nays 50; as follows: 

YEAS— 7. 



Brlce. 




Gibsou, Md. 


Sanders, 


Wokeott. 


Gibson, La 




Hiscock, 


Vest, 
NAYS-50. 




AUlrich, 




Dixon, 


Jones, Ark. 


Ransom, 


AUeu, 


X 


Faulkner, 


Jones, Nev. 


Sawyer, 


Allison, 


3J 


Frye, 


Kenua, 


Sherman, 


Bute, 


-o 


George, 


Kyle, 


Squire, 


Butler, 


CI 


Gordon, 


MoMlllan, 


Stewart, 


Call, 




Gorman, 


Manderson, 


Stockbridge 


Cameron, 


03 
03 
CO 


Gray, 


MitPhell, 


Vilas, 


Carey, 


Hansbrough, 


Paddock, 


Voorliees, 


Chandler, 


H.iwley, 


Palmer, 


Walthall, 


Cockrell, 




Higgins, 


PeHer, 


Wari'en, 


Ci.ke, 


_^ , 


Hill 


Perkins, 


Washburn. 


Cullom, 


o 


Hunton, 


Pettlgrew, 




Davis, 


03 


Irby, 


Piatt, 






Iq" 


NOT VOTING— 31. 




Berry, 




Dolph, 


Mills, 


Shoup, 


Blackburn, 


Dubois, 


Morgan, 


Stanford, 


Blodgett, 


t_ 


Felton, 


Morrill, 


Teller, 


Carlisle, 


O 


Galllnger, 


Pasco, 


Turpie, 


Casey, 


U- 


Hale, 


Power, 


Vance, 


Colquitt, 




Harris, 


Proctor, 


White, 


Daniel, 




Hoar, 


Pugh, 


Wilson. 


Dawes. 




McPherson. 


Quay, 




So the motion was not aj 


jreed to. 





I'RESIDENTIAL APPROVALS. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of liis secretaries, announced that the President 
had on the Kith instant approved and signed the following acts: 

An act (S. 547) for the i-elief of Lieut. Col. Charles G. Sawtelle, 
deputy quartermaster-general United States Army; 

An act (S. ri273) authorizing the St. Jo.seph's Church in the 
parish of East Baton Rouge, in the State of Louisiana, to us3 the 
land quitclaimed to it by the United States for .school purposes; 
and 

An act (S. 3299) to amend section 7 of the act approved June 
22. 1888, entitled ''An act to authorize the construction of a 
bridge over the Missouri River at or near the city of Omaha, 
Nebr.," and for other purposes. 

The message also announced that the President had on this 
day approved and signed tho following act and joint resolution: 

An act (S. 1741) to vest the title of public square 1102, in the 
city of Washington, D. C, in the trustees of the Fourth Street 
Methodist Episcopal Church, and for other purposes; and 

A joint resolution (S. R. 76) to authorize the President to in- 
vito certain governments to send delegates to the Pan-American 
Medical Congress. 

CIRCUIT COURTS OF APPEALS— VETO MESSAGE. 

The PRESIDENT pro tempoir laid befoi'o the Senate the fol- 
lowing message from the President of the United States; which 
was I'oad, and, on motion of Mr. VEST, referred to the Commit- 
tee on the Judiciary, and oi'dered to be printsd: 
7'o the Seiiatf: 

I return herewith, without my approval, the bill (Senate 2729) entitled; 
"An act to amend an act entitled 'An act to establish circuit courts of ap- 
peals, and to deflne and regulate in certain cases tho jurisdiction of the 
courts of the United States, and for other purposes.'" 

The original act to which this amendment is proposed, constituting an in- 
termediate court of appeals, had for its object the relief of the Supreme 
Court by limiting the cases which might be brought up ft>r hearing in that 
court. The first section of the bill under consideration allows appeals in 
criminal cases where the sentence imposes no imprisonment and the fine is 
as much as one thousand dollars. The effect of this provision will be to 



bring to the Supreme Court many cases that, in my opinion, sliould be finally 
determined iu the intermediate appellate court; and so, In Ipart, to defeat 
the general purpose of Congress in, constituting tho interi4eaiate court. 
But tQls objection would not alone have Sutlicient weight in my mind to in- 
duce me to return the bill. Section 3 of the bill is as follows; 

"That no appeal shall hereafter be allowed from Judgments of the Court of 
Claims in cases uuder the act of March 3. 1891, ei(tltled 'An act to provide 
for Ihe adjudication and payment of claims arismg from ludian depreda- 
tions ' except where the adjudication involves the construction or applica- 
tion of the Constitution, or the validity or construction of a treaty or tho 
constitutionality of a laW of the United States; Provided however. That 
upoii such appeal it shall be competent for the Supreme Court to require, by 
certiorari or Jtherwlse, the whole case to be certitied for Its review and de- 
termination upon the facts as well as the law." 

I am advised by the Attorney -General that under the ludian depredations 
act eight thousand cases, involving an aggregate of damages claimed of 
about thirty millions of dollars, have already been filed. 

A number of those cases involve as much as $100,000each; while a few in- 
volve as mtich as a half million dollars each, and one something over a mil- 
lion of dollars. The damages which may be awarded in thes6 cases by tho 
Court of Claims are to be paid out of the trust fund of the Indians held by 
the United States, or, if there are no such funds, out of the Treasury of the 
United States. The law referring these cases to the CoiU't of Claims has had 
no judicial interpretation aud many novel aud dlfllcult questions are likely 
to arise. It Is quite a startling proposition and a very novel one, I think, 
that there shall be absolutely uo opportunity for the review in an appellate 
cotirt iu cases involving such large amounts, of ciuestions involving the con- 
struction of the statute under which the court is proceeding, or those various 
questions of law, many of them new, whicli necessarily arise in such cases. 
Neither the claimauts.the Indians nor the Government of the United States 
should be absolutely denied opportunity to bring their exceptions to review 
by some appellate tribunal. I would not suggest that an appeal sho_uld be 
allowed iu all cases. Some limitation as to amount would be reaso'nable, 
aud. perhaps, some discretion might be lodged in the Supreme Court as to 
gr.antlng appeals. The limltatlt.ius. however, imposed by the section I have 
quoted arc so ssvere aud unreasonable iu my Judgment that I have felt com- 
pelled to return the bill to the Senate with a view to its reconsideration. 

BENJ. HARRISON. 

Executive Mansion, Jaly lo, isa:;. 

HOUSE BILLS REFERRED. 

The bill (II. R. 9580) to ratify and approve an act of the Leuis- 
lature of the Territory of Oklalioma. providing for the funding 
of county indebtedness in said Territory, was read twice by its 
title, and referred to the Committee on Teiritories. 

The bill (H. R. 9,)81) to provide for the improvement of the 
outer bar of Brunswick, Ga., was road twice by its title, and re- 
ferred to the Committee on Commerce. 

The bill (H. R. 9592) authorizing the Secretary of the Treas- 
ury to obtain plans and specifications for public buildings to be 
erected tmder the supervision of the Treasury Department, and 
providing for local suiiervision of the construction of the same, 
was rea"d twice by its title, and referred to the Committee on 
Public Buildings and Grounds; and 

Tho bill (H. R. 928(j) to create the California debris commis- 
sion and regulate hydratdic mining in the State of California, 
was road twice by its title, and referred to the Committee on 
Mines and Mining. 

COMMITTEE ON IMMIGRATION. 

Mr. CHANDLER submitted the following resolution; which 
was considered by unanimous consent and agreed to: 

Resolved. That the Committee on Immigration be enlarged by the addition 
t)f two Senators thereto, making eleven the utimber of tho full committee. 

Mr. CULLOM subsequently said: In pursuance of the resolu- 
tion adopted by the Senate a little while ag-o, increasing the 
membership of the Committee on Immigration, I ask consent 
that the Chair appoint tiie two additional members. 

The PRESIDING OFFICER (Mr. Chandler in the chair). 
It wdll be so ordered if no objection is made. Tho Chair hears 
none. The additional members of the Committee on Immigra- 
tion will consist of Messrs. Hiscock and Gray. 

retail PRICES and WAGES. 

Mr. "WASHBURN. I yield to the Senator from Rhode Is- 
land [Mr. Aldrich] to submit a report. 

Mr. ALDRICH. I submit the report of the Committee on 
Finance, acting under instruction of the resoltition of the Sen- 
ate of March 'A, 1891, in reference to retail prices and wages. 

The PRESIDING OFFICER. The report will be received, 
and printed, and lie upon the table. 

Mr. ALDRICH. I ask tho Senator from Minnesota to yield 
that I may submit a motion to print 20,000 e.vtra copies of the 
report without tho apiiendices I ask that that motion be re- 
ferred to the Committee on Printing. 

The PRESIDING OFFICER. It is moved by the Senator 
from Rhode Island that there be printed 20,000 copies of the re- 
port just made by him from the Committea on Finance, without 
the appendices. 

Mr. COCKRELL. What report is that? 

Mr. ALDRICH. The report on retail prices and wages. 

Mr. COCKRELL. Is there any minority report with it? 

Mr. ALDRICH. No; it is the unanimous report of the com- 
mittee. 

The PRESI DING OFFICER. The motion to print extra copies 
will bo referred to the Committee on Printing. 

Mr. CARLISLE. Do I understand the Senator from Rhode 



1892. 



CONGRESSIONAL RECORD— SENATE. 



6405 



ments agreed to to-day bo printed in the body of the bill in 
italics, that all the amendments which have been offered to the 
bill tn-day, and all amendments thus far offered and not agreed 
to, be printed at the end of the bill. I think that will aecom- 
plish the object which the Senator from Allnnesota has in view. 

Mr. WASHBURN. That will cover the ease exactly. 

Mr. ALLISON. If the amendments could be printed in thi 
0!-der of their being- offered they could bo taken up in that way, 
when we come to consider the bill, or they might bj printed in 
the order in which they come in the bill. 

Mr. PADDOCIC. I should like t) inquire of the Senator if 
the amendmjnts printed to-day are to bo printed in italicsV I 
understood they were to be printed in ordinary type. 

Mr. WASBURN. No, in ordinary type. 

Mr. ALLISON. In italics; the original text of the bill must 
bo pro-ierved as the bill came from the House. 

Mr. WASHBURN. The amendments adopted will be printed 
in italics. 

Mr. PADDOCK. I understand that the amendments offered 
and not acted upon are to be printed at the end of the bill. 

Mr. ALLISON. At the end of the bill, and in ordinary type. 

The PRESIDING OFFICER. The Chair understands that the 
bill as it came from the House is to be reprinted, having in italics 
the amendments this day adopted; and that following that text 
are to be the amendments which have been offered to-day in the 
order of their place in the bill. 

Mr. WASHBURN. Following the bill. 

Mr. GEORGE. E.xcept the amendment I have offered, being 
a substitute for the bill. 

The PRESIDING OFFICER. Except the substitute of the 
Senator from Mississippi, which will be printed separately. 

Mr. ALLISON. That may as well be printed with the rest. 

Mr. GEORGE. Printed with the other amendments? 

The PRESIDING OFFICER. At the close of the bill. 

Mr. GEORGE. I have no objection to having my amendment 
printed in that way. 

Mr. KENNA. Are there any pending amendments except 
those offered to-day? 

The PRESIDING OFFICER. There are no pending amend- 
ments. 

Mr. MANDERSON. I move that the Senate proceed to the 
consideration of executive business. 

Mr. WASHBURN. Will the Senator withdraw that motion 
for a moment':" 

Ml'. MANDERSON. I withdraw it. 

Mr. DANIEL. I gave notice of an amendment to come in at 
the end of this bill proposing to repeal the tax of 10 per cent 
upon the State banks. I ask that it be printed with the bill. I 
have not formally ottered it, but only gave notice of it. 

The PRESIDING OFFICER. The Senator from Virginia re- 
quests that an amendment intended to be proposed by him may 
bo printed with the bill. The Chair hea.'s no objectJion, and it 
will be so ordered. 

Add as a new section the foUowiug: 

"Sec. 17. All acts and parts of acts imposing any tax oa the circulation 
of State banks are hereby repealed." 

Mr. WASHBURN. I move that when the Senate adjourn to- 
day it be to meet to-morrow at 11 o'clock a. m. 

The PRESIDING OFFICER. It is moved by the Senator from 
Minnesota that when the Senate adjourn to-day it be until 11 
o'clock to-morrow. 

Mr. HISCOCK. I hope that will not te done. There are some 
very important committee meetings which Senators must attend 
to-morrow. 

The PRESIDING OFFICER. The motion is not debatable. 
The question is on the motion made by the Senator from Minne- 
sota. 

Mr. WASHBURN. On the statement of the Senator from 
New York that there are important committee meetings to be 
held to-morrow, I withdraw the motion. 

The PRESIDING OFFICER. The motion is withdrawn. 

SATURDAY BANK HALF-HOLIDAY. 

Mr. WHITE. I ask unanimous consent to call up at this time 
Senate bill 3718. It is a District of Columbia bill about holidays, 
I will state, so that Senators maybe inforued in regard to it. It 
was up yesterday, and an objection was made to it on account of 
the terms of the bill. The Senator from West Virginia [Air. 
Faulkner] has agreed to an amendment which removes the 
objection I had to it, and loaves the bill, I think, entirely with- 
out objection. I should like to have it acted on. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill (S. 3-418) making Saturday 
a halt-holiday where banks and bankers so elect. 

Mr. WHITE. I send up certain amendments which I desire 
to have reported. 



The PRESIDING OFFICER. Theam mdmentssubmittcd by 
the Senator from Louisiana will b> read. 

The Chief Clerk. In line 1-, after the word "Sunday,"' it 
proposed to insert "without reference to whether any of said 
teanks or trust oompanie-; do or do not close as aforesaid; '' so as 
to road: 

That It shall be lawful for trust compauie.s, baaUs. and bankers in the city 
oi VVashini^tun to close their doors for business at Iti o'clock noon on each 
aua every .Saturd;ty in the year, and every Saturday in the year after 12 
o'clock noon shall beal^galhalf holiday so far as regards IhV presenting 
for t'ae payment or acceptance and the protesting and giving notice of tho 
dishonor of bills of exchange, banlc checks, drafts, promissory ncttis, and 
other negotiable paper, and for these ptirjxises shall he treated and consid- 
ered as the first day of the week, commonly called Sunday, without refer- 
ence to whether any of said banks or trust companies do or do not close as 
aforesaid. 

The PRESIDING OFFICER. The question is on the adop- 
tion of the ame'.idment. 

The amendment was agreed to. 

Mr. WHITE. I offer a seieond amendment which I send to the 
desk. 

The PRESIDING OFFICER. Thcamendment offered by the 
Senator from Louisiana will be stated. 

The Chief Clerk. In line .'iii, after tho word "day." it is 
proposed to strik(;outall down to and including tho word " day'' 
in line 3i>, as follows: 

And provided J'lirl/ier. That in con.struing this section every half-holl lay 
Saturday shall, ttntil 12 o'clock noon, be deemed a secular business day. 

The PRESIDING OFFICER. The question is on the amend- 
ment. 

The amendment was agreed to. 

The bill was reported to the Scnat' as amended, and the 
ainenlments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

On motion of Mr. WHITl'^., the title was amended so as to 
read: "A bill making Saturday a half-holiday for banking and 
trust company purposes in the District of Columbia.'' 

CONSIDERATION OF HOUSE BILLS ON THE CALENDAR. 

Mr. CULLOM. I ask leave to call up House bill 4827. 

Mr. COCKRELL. There are about twenty-five House hills on 
the Calendar to wliich there is no objection, and I insist that the 
SenatOL" shall ask unanimous consent te take up unobjected House 
bills and pass them all. We can do it in thirty minutes. 

Mr. CULLOM. I have not troubled the Senate very much 
with requests of this nature. 

Mr. COCKRELL. There are t^uite a number of unobjected 
House bills which may be passed in thirty minutes. 

Mr. CJULLOM. If the Senator objects, I will withdrawmy 
request. 

Ml'. WASHBURN". I now ask unanimous consent that the 
Senate proceed to the consideration of unobjected House bills on 
the Calendar. 

Mr. PADDOCK. I hope that motion will prevail. 

The PRESIDING OFFICER. Tho Senator from Minnesota 
[Mr. Washburn] asks unanimous consent that the Senate do 
now proceed to the consideration of House bills on the Calendar 
unobjected to. 

Mr. PADDOCK. Under Rule VIII. 

Mr. COCKRELL. Certainly. 

The PRESIDING OFFICER. Under Rule VIII. The Chair 
hears no objection, and that will be the order. The Secretary 
will report the first House bill on the Calendar, subject to objec- 
tion. 

MEMORIAL addresses ON THE LATE SENATOR BARBOUR. 

Mr. DANIEL. I ask leave simply to make a statement. A 
few days ago I gave notice that on Friday next I should otler 
resolutions in memory of the late Senator John S. Barbour and 
would call them up at 2 o'clock on that day. In deference to the 
convenience of some Senators who are compelled to be absenton 
that day who had expected to participate, and in deference to 
the wishes of other friends I shall not offer the resolutions on 
that day, but have thought it best, in view of all the circum- 
stances by which we are surrounded, to allow the matter to go 
over until the next session of Congress. 

sales of property under COURT DECREES. 

T.ee PRESIDING OFFICER. The Secretary will report the 
first House bill on the Calendar, subject to objection. 

Tho bill (H. R. 5S16) to regulate the manner in which prop- 
erty shall bo sold under orders and decrees of any United States 
court was announced as first in order, and the Senate, as in 
Committee of the Whole, resumed the consideration of the bill. 

The PRESIDING OFFICER. The pending question is on 
the amendment heretofore offered by the Senator from Colorrado 
[Mr. Teller], which will be read. 



6106 



CONGRESSIONAL EECORD— SENATE. 



July 19, 



The Secretary. It is proposed to add as a new section the 
following: . ^ _ 

>^vrc t That le^al-tender money of the TTnited States sUall be received by 
anr'.iftccrot the United Stales, or of any State or Territory la payment of 
anv udsment or decree of any court, for the enforcement or collection 
whereof iirocess of execution shall be in the hands of s>ich officer, when such 
loSal-tender money Is tendered In payment of such decree, or m payment for 
any property that he shall sell under such process, or under any order, de- 
cree, or Judgment of such court. 

The PRESIDING OFFICER. The question is on the amend- 
ment. .,, , ,. 

Ml'. PIjATT. That amendment can not pass without discus- 
sion, and I understood the agreement was to pass unobjected 
frHouse bills. That bill had better go over. 

IliThe PRESIDING OFFICER. The bill being objected to goes 
^\!-. retaining its jjlace on the Calendar. The ne.xt bill will be 
rei)o4^'d. 

WASHWfeTON AND GREAT FALLS ELECTRIC RAILWAY COMPANY. 

The bill (H.R. 9172) to incorporate the Washington and Great 
Falls Electric Railway Company was announced as ne.xt in order. 

Mr. COCKRELL. 'The Senator from Maryland [Mr. GORMAN] 
had that bill passed over. Let it pass over now without proju- 

Mr. HARRIS. I hope the Senator will not ask to have that 
bill passed over. It is a bill which should be acted on promptly. 

Mr. McMillan, it is a very important bill and should bo 
acted on. 

Mr. COCKRELL. Very well. 

The PRESIDING OFFICER. The bill is before the Senate 
as in Committee of the Whole, and will be read at length. 

Mr. McMillan. I have some amendments to propose in ad- 
dition to those which appear in the bill as reported by the com- 
mittee, and I ask permission to offer them as the reading of the 
bill proceeds and the committee amendments are being acted 

upon. , . , -, . j_- 

The PRESIDING OFFICER. The Chair hears no objection, 
and that course will be pursued. 

The Secretary proceeded to read the bill. 

The first amendment reported by the Committee on the Dis- 
trict of Columbia was, in section 1, on page3, lino 43, after the 
words " Secretary of War" to insert: 

For the safety of travel on said Canal road, and before commencing to run 
its cars on said elevated railway, andsubject to the inspectionand approval 
of the Commissioners of the District of Columbia, the said company shall, at 
its own expense, construct a substantial masonry wall between said Canal 
'road ana t\0 Chesapeake and Ohio Canal throughput the entire distance on 
said road occupied by said elevated railway; and the said company, also at 
its own expense and within the same time and subject to the same approval 
■ and acceptance, shall pave the said portion of said road with granite blix!ks 
in thL- best manner. 

The amendment was agreed to. 

The ne.xt amendment was, on page 4, section 1, line 68, after 
the word '• road," to strike out: 

To the land of the said aciueduct pertaining to the receiving reservoir; 
theme through said laud to a point on the land of said atiueduct near the 
westerly foot otDalecarlia Hill: thence westwardly on a route exterior to 
the laud of the United States pertaining to the Conduit road. 

So as to read: 

Thence westwardly on a route exterior to and on the south side of the 
land of the United States pertaining to the Conduit road to Cabin John 
Creek, with the privilege of crossing the Conduit road between the receiving 
re-icrvoir and said creek, once and no more; returning thence along the 
sami' lino, by return tracks to the place of beginning, with the privilege of 
constructin.g a br.anch line, with a single or double track, from the Conduit 
road lands south to Chain bridge, on land to be acquired by the corporation. 

The amendment was agreed to. 

Mr. MCMILLAN. In line 73, section 1, page 4, I move to 
strike out the words "with the privilege of crossing tlio Conduit 
road between the receiving reservoir and said creek once and 
no more." 

The amendment was agreed to. 

The reading of the bill was resumed. The next amendment 
of the Committee on the District of Columbia was, on i^age 4, sec- 
tion 1, line SO, after the word " road," to insert: 

And there shall never be more than one double track on or over the Canal 
road, and all acts or parts of acts granting the use of the surface of the Canal 
road, or any part thereof, for laying railway tracks thereon and operating 
cars thereou are hereby reiJealed. 

So as to read: 

Prorided. That there shall be but one railway parallel to and near the Con- 
duit road and there shall never be more than one double track on or over 
the f 'anal road, .and all acts or parts of acts granting the use of the surface 
of th.' Canal road, or any part thereof, lor laying railway tracks thereon 
and operating cars thereon are hereby repealed. 

The amendment was agreed to. 

The next Hmondment was.on page 4, section 1, line 86, after 
the word ■'railway," to strike out "chartered by Congress;" in 
line ',11, page ."i, after the word " companies," to insert "respect- 
ing railways parallel to and near the conduit road, whether in 
the District of Columbia or in Maryland;" and in lino 94, page 
5, after the v.-ords "Secretary of War," to insert "and matter in 



dispute between the companies respecting railways on the Canal 
road shall be determined upon the application of either road to 
any court in the District of Columbia having competent juris- 
diction;" so as to read: 

And wherever the route specified in this act is parallel with or coincides 
wltli the route of any other railway the two companies shall maintain and 
use but one set of double tracks, and any \-lolatlon of this provision by the 
said Washington and Great Falls Electric Railway Company shall operate 
as a repeal of this chai-ter: and matters of dispute between the companies 
respecting railways parallel to and near the Conduit road, whether in the 
District of Columbia or in Maryland shall be referred to and determined by 
the Secretary of War and matter in dispute between the companies resi)ect- 
ingr.ailway.s'onthe Canal road shall be determined upon the application or 
either road to any cotrrt in the District of Columbia having competent juris- 
diction. 
The amendment was agreed to. 

The next amendment was, in section 1, page 5, line 98, after 
the word "said" to insert " Washington and Great Falls;" so as 
to read: 

The inner rail of said Washington and Great Palls Railway shall not at any 
place on the line of said railway be less than 50 feet from the middle of the 
l)aved portion of the Conduit road. 

The amendment was agreed to. 

Mr. MCMILLAN. On page 5, line 99, before the word "feet," 
I move to strike out "fifty " and insert " one hundred." 

The PRESIDING OFFICER. The amendment will be stated. 

The Secretary. On page 5, line 99, before the word "feet," 
it is proposed to strike out "fifty " and insert " one hundred;" so 
as to read: 

The inner rail of said Washington and Great Falls Railway shall not at 
any place on the line of said railway be less than 100 feet from the middle of 
the paved portion of the Conduit road. 

The amendment was agreed to. 

Mr. McMillan. On page 5, line 102, after the words " United 
States," I move to strike out "or the Washington Aqueduct;" 
and in line 103, after the word "works," to insert "or the Wash- 
ington Aqueduct;" so as to read: 

Wherever the said railway shall run over or across any of the lands of the 
United States or any of the accessory works, or the Wa.shlngtou Aqueduct, 
as prorided In this act. 

The amendment was agreed to. 

The next amendment of the Committee on the District of Co- 
lumbia was, on page 5, line 108, section 1, after the word "ac- 
ceptance," to insert " in writing," so as to read: 

And no work shall be done on said railway on any of said lands until after 
such approval and acceptance in ■HTitmg. 

The amendment was agreed to. 

Mr. McMillan. Onpage7, lino 147, aft«r the word "the," I 
move to strike out "streams that flow under the Washington 
Aqueduct through culverts numbered IS to 26, inclusive, on such 
of the;" and inline 150, to strike out " lands " and insert " land;" 
so as to read: 

And the said Washington and Great Falls Railway may cross the projec- 
tions of the United States land, etc. 

Then, on page 7, line l.'tO, I move to strike out the words " said 
culverts and also at," and in line 152 after the word "reservoir," 
I move to strike out the following words: 

As the Secretary of War may approve, and may also cross such of the 
northward projections of said lands near the stones marked W. A. 2, B., W. 
A. 3, B., W. A. tjl, and W. A. M, on the plats of the land of said aqueduct, as 
the said Secretary may approve. 

The PRESIDING OFFICER. It will bo necessary for the Sen- 
ator from Michigan to reduce his amendments to writing and 
have them acted upon separately. 

Mr. COCKRELL. They are aU part of the same sentence, 
and to be stated intelligently they ought to be grouped together. 

The PRESIDING OFFICER. The amendments will be taken 
down by the Secretary, and the question will be taken on all the 
proposed changes together. 

Mr. COCKRELL. In line 147, section 1 , after the word " the," 
at the end of tho line, commencing with the word " streams," 
strike out down to the word "the," in line 149; inline 150, change 
tho word "lands" to "land," and after tho word "at," strike out 
"said culverts and also at; " then, in line 152, aftsr the word 
"res3rvoir," lx)ginning with the word "as," strike out down to 
and including the word "approve," in line 1-56. 

The PRESIDING OFFICER. The Secretary will read the 
clause as it will read if amended as proposed by the Senator from 
Miss;3uri. 

The Secretary. As proj^osed to be amended tho clause will 
read: 

And the said Washington and Great Falls R.ailway may cross the pro- 
ji-rtions of the United States land at a point on the south side of the conduit 
road just west of the distributing reservoir, and the provisions of section 15 
of the act of Congress approved February 28. 1891. entitled '-An act to incor- 
porate the Washington and Arlington Railway Company of the District of 
Columbia." etc. 

The PRESIDING OFFICER. The question is on the adoption 
of the amendment. 

The amendment was agreed to. 



1892. 



CONGRESSIONAL EECORD— SENATE. 



6407 



The next amendmoiit of the Committee on the Disti-ict of Co- 
lumbia was, on page 7, line 161, section 1, before the word "con- 
trol,'' to insert snail; "' so as to read: 

Shall control and govern all the privileges granted by this act, etc. 

Mr. COCKRELL. On pag-eS, line 177. after the words "Dis- 
trict of Columbia,"" I move to strike out "or across the Conduit 
road;"' so as to read: 

And the said Washington and Great Falls Railway Company shall, where 
lis tracks run on or across any street or road which Is under the iurisdictiou 
Of the Commissioners of the District of Columbia, or across any other road 
Outside of the District of Columbia, etc. 

The amendment was agreed to. 

The reading of the bill was resumed. 

Mr. McMillan. On page 11, section 2, in lines 4 and 5, I 
move to strike out " not to excesd in the aggregate the sum of 
$1,100, 000" and insert "but not to exceed the actual cost of said 
road."' 

The PRESIDING OFFICER. The amendment will bs stated. 

Mr. HAWLEY. I imderstand the chairman of the committee 
proposes to limit the capital to the actual cost of the road. 1 am 
very glad to hear that amendment proposed, because I have baen 
intending to say something upon that very question. These com- 
pani:s ought not to be at liberty to make a capital running into 
the millions and tax tha people to secure dividends on such ex- 
cessive capitalization. 

There is a defect in that, for who shall say how much a road 
is to cost. I have not thought of that in reference to this bill 
alone, but in reference to others. Is there not some tribunal 
that will give a reasonable hearing upon the statement of what 
would be a reasonable expenditure? It should be fixed in some 
such way. 

Mr. l^IcTiIILLAN. I have no objection to the Senator propos- 
ing to this amendment such a provision. 

Mr. HAWLEY. All these companies should go to the courts 
in the District for a reasonable and liberal accounting. 

Mr. SANDERS. In pursuance of the suggestion made by the 
ghairman of the Committee on the District of Columbia [Mr. 
McIMlll,aiv[] I have prepared an amendment which carries out 
the views suggested by him, and to some extent the views sug- 
gested by the Senator from Connecticut [Mr. HAvyLEY], which 
I had intended to propose as an addition to section 2. 

The PRESIDING OFFICER. The Chair will state that the. 
Senate is now acting on the amendments of the committee. 

INIr. SANDERS. I am aware of that. I am only making this 
suggestion. 

The PRESIDING OFFICER. The amendment proposed by 
the Senator from Michigan [Mr. McMillan] will be stated. 

The Secretary. On page 11, in linel, after the word " stock- 
holders," it is proposed to strike out " not to exceed in the ag- 
gregate the sum of $1,000,000'" and insert "but not to exceed the 
actual cost of said road." 

The PRESIDING OFFICER. The question is on the amend- 
ment. 

Mr. McMillan. I have no objection to hearing the amend- 
ment proposed by the Senator from Montana. 

Mr. SANDERS. I should like to have it read at least. 

Mr. McMillan. I should like to hear it read. 

The PRESIDING OFFICER. The question is on the amend- 
ment submitted by the Senator from Michigan, which has just 
been reijorted. 

The amendment was agreed to. 

Mr. HISCOCK. I desire to inquire whether it is desirable 
that, as the bill docs make iirovision as to the fixed charges of 
the road, the stocks and bonds should not be beyond the actual 
cost of the road? 

I\Ir. McMillan. The idea I think is right in this case. 

Mr. HISCOCK. I think that is true. Is there anything in 
the bill with respect to bonding the road? 

Mr. MCMILLAN. Y'es, there is. The bonds and stock must 
not exceed the cost of the road. 

ISIr. HISCOCK. I suggest a very sure way to protect the pub- 
lic in cases of that khid, and that is a provision that no bonds 
shall be issued until the stock subscribed for has been actually 
paid in. That has been found a very efficacious way. 

Mr. McMillan. The Senator may propose thatamendment. 
This provides when one-fourth of the capital stock is paid in 
they may issue bonds. 

Air. HISCOCK. That means that there will never be but a 
fourth of the stock paid in. 

Mr. COCKRELL. To an amount not exceeding the balance 
of stock unpaid. 

Mr. HISCOCK. In other words, that waters the stock three- 
fourths. 

Mr. COCKRELL. Not at all. 

Mr. HISCOCK. Oh, j'es; it waters it three-fourths. I do not 



desire to make any argument against it, but of course all rail- 
roads whore thoj- are 

Mr. McMillan. This provides that 50 per cent of the sub- 
scriptions shall be paid at once. 

Mr. HISCOCK. And provides that the road shall not bo . 
bonded until 25 per cent has been paid in. Even if there is a 
provision that 50 per cent shall be paid in, as a matter of course 
they will then bond it, and the stock is wateiod or the road car- 
ries 50 per cent more than has been actually paid in on the stock. 

The PRESIDING OFFICER. The Chair will again state that 
the question is on the motion to amend made by the Senator from 
Michigan [Mr. McMillan]. 

Mr. HISCOCK. I do not desire to offer an amendment, but I 
only desire t ) point out the trouble with these charters in viev/ 
of what has been said by the Senator from Connecticut [Mr. 
Hawley]. For the purpose of paying dividends and interest 
upon bonds the companies should not he stoeked at a larger 
amount or banded at a larger amo mt tba:'. the road will cost in 
the aggr.'gate. 

The PRESIDING OFFICER. The pending amendment will 
be stated. 

The Secretary. On page II, line 4, after the word " stock- 
holders,"' it is proposed to strike out " not to e.xceed in the ag- 
gregate the sum of $1,000,000,"' and insert "but not to exceed the 
actual cost of said road."" 

The amendment was agreed to. 

Mr. SANDERS. Now, I ask that the amendment I proposed 
bo road. The chairman of the committee desires to have it 
read. 

Mr. McMillan. I desire to have it read. 

The Secretary. It is proposed to add to section 2, the fol- 
lowing: 

But the foregoing provisions of this section are subject to the provl.slon 
thAt said corporation shall not have or issue any greater number of shares of 
stock than that the nominal value of such shares .shall equal the actual and 
necessary cost of the construction and etiuipinout of sticli railroad, which 
stim shall first be ascertained and authorized upon petition therefor to the 
supreme court of the District of Columbia, under such rules ana ret;ulaUon< 
as the chief-.1ustice and Judges tliereof shall prescribe, oillcieut to limit the 
stock of such corporation in the agi^re'jratc to the actTial and necessary cost 
thereof; and when it shall be desired by such corporation to issue bond.s 
upon its said property, secured by mortgage or otherwise, upon petition 
therefor to said court, setting forth the necessity thereof and the amount 
of stock issued and outstanding, it may and shall be lawrul*f or such court, 
or the chief .iustice or justices thereof, as the cass raay be. or one of them, 
upon public notice, to be prescribed by the rules of the court, to permit the 
issuance of such bonds and mortgage if desired: Pror'ided, /totvfver, Thi\t a,n 
amount of such stock ec^ual to the bonds so issued shall be lirst canceled. 

The PRESIDING OFFICER. The amendment has been real 
for informat'on. The question is on agreeing Ao the amend- 
ment moved by the Senator from Michigan. 

Mr. SANDERS. I shall press the amendment when we get 
through with the amendments proposed by the committee, but 
I do not wish to urge it now against Ihe judgment of the Sena- 
tor from Michigan. 

Mr. McIvHLLAN. I suggest that the amendment which I of- 
fered be acted upon. We can take up that amendment after- 
wards. 

The PRESIDING OFFICER. Tlie question is on the amend- 
ment proposed by the Senator from Michigan [Mr. MciIiLL.\N]. 

The amendment was agreed to. 

The reading of the bill was continued. 

The next amendment was, in section 2, before the words " per 
cent,"' on page 11, line 9, to strike out " ten"' and insert " fifty;" 
in the sameliue, after the words " and the," to strike otit " bal- 
ance '" and insert " remainder: "" in line 12, Ijefore the words " per 
cent,'" to strike out " ten "and insert " fifty; " and on pa,ge 12, line 
13, after the word " the," to strike out "balance'" and insert" re- 
mainder; " so as to read: 

That the capital stock of said company shall be ^0.0;)0, divided into shares 
of $100 each, which capital stock may be increased from time to time upon 
a majority vote of the stockholders, not to exceed in the aggregate the sum of 
31,000,000. The said company shall require the subscribers to the capital 
stock to pay In cash, to the treasurer appointed by the incorporators, the 
amounts severallj' subscribed by them, as follows, to wit: 50 per cent attho 
time of subscribing, and the remainder at such times and in such amounts 
as the board of directors shall requii'e, and no subscription shall be deemed 
valid unless the hO per ceut thereof shall be paid at the time Of subscribing; 
the remainder of said subscription to be paid at such times and in such 
amounts as the board of directors may require, as liereinbefore provided. 

The amendment was agreed to. 

The reading of the bill was continued to the bottom of page 13. 

Mr. SANDERS. I should like to call the attention of the 
chairman of the committee to line 10, page 13, which seems to 
me does not conform to an amendment heretofore made. In line 
9, on page 11, the sum required to be paid at the time of subscrib- 
ing was stricken out and an amendment providing fcr the pay- 
ment of 50 per cent was made. That the unities may be main- 
tained, the same change should be made in line 16, page 13. 

Mr. Mc^ULL^VN. That is right. 

Mr. SANDERS. I move that amendment. 



6408 



CONGEESSIOXAL RECORD— SENATE. 



July 19, 



The PRESIDING OFFICER. The Senator from Montana 
Brouoses an amendment, which will be stated; , ,. , 

S* The SECRETARY. On page 13, line 16, after the word " sub- 
scribing" it is proposed to strike out " ten "and insert " fifty;" 
Bo us t J read: 

Th-U everv siib'^ciitu'v sh;ill pay, at the time of .subscribing, 50 per cent ot 
1 be a'lnount by liini subs'-ribeil to ttie treasurer appolnteil by the corporators, 
< r his subsciiptlc'ii shall be voiil. 

The amendment was agreed to. 
X The Secretary resumed and concluded the reading of the bill. 

The bill was reported to the Senate as amended, and the amend- 
ments were couciu'red in. 

Mr. SANDERS. At the end of section 2 I move as an addition 
thereto the following: 

But this section Is subject to the prorision that said corporation shall not 
have or issue any greater number of shares of stock than at the noniiual 
value of such shares shall equal the actual and necessary cost ot the con- 
struction and equipment ot such railroad, which sum shall llrst be ascer- 
tained and ;i.ut hoi-1/.ed upon petition therefor to the supreme court ot the Dis- 
trict of Columbia, uuder such rules and regulations as the chief justice and 
judges thereof shall prescribe efficient to limit the stock of such corporation 
in the aggregate to the acttial and necessary cost thereof. 

That it It shall be destred by stich corporation to issue bonds upon its said 
property, secured by mortgage or otherwise, upon petition therefor to said 
court, setting forth the necessity thereof and the amount ot stock issued and 
outstanding, it may and shall be lawful for such court, or the chief justice 
or justices thereof as the case may be, or one ot them, upon public notice, 
to be prescribed by the rules of the court, to permit the issuance ot such 
bonds .and mortgage if desired: rroinded, however. That an amount of such 
stock equal to the bonds so issued shall be first canceled and adjudged an- 
nulled. 

The PRESIDING OFFICER. The question is on agreeing to 
the amendment of the Senator from Montana, 

Mr. McMILL.\N. I have no objection to the amendment, 
Mr. President. 

The amendment was agreed to. 

The amendments were ordered to be engrossed, and the bill to 
be re:id a third time. 

The bill was read the third time, and passed. 

Mr. McMILL.\N. I move that the Senate request a confer- 
ence with the House ot Representatives up jn the bill and amend- 
ments. 

The motion was agreed to. 

By unanimous consent the Presiding Officer was authorized 
int the conferees on the part of the Senate, aid Mr. 
McMTllan, Mr. Harris, and Mr.'PERKiNS were appointed. 

DECLARATIONS IN PENSION CLAIMS. 

The PRESIDING OFFICER. The next House bill on the Cal- 
endar will be proceeded with. 

The bill (H. R. 2713) in relation to the execution of declarations 
and other papers in pension claims was considered as in Com- 
mittee of the Whole. 

The bill was read, as follows: 

Be It enacted, etc.. That declarations of pension claimants shall be made be- 
fore a comrt of record, or before some officer thereof having custody of its 
seal, or before some officer who, tmder the laws of his State, city, or county, 
has authority to administer oaths for general purposes; and said officers are 
hereby fully authorized and empowered to administer and certify auy oath 
or afllrmatlon relating to any pension or application therefor: Provided, That 
where sitch declarations or other papers are executed before an officer au- 
thorized as above but not required by the laws of his State to have and use 
a seal to authenticate his oflicial acts, he shall file in the Pension Bureau a 
certificate of his official character, showing his official signature and term of 
office, certified by a clerk of a court of record or other proper officer ot the 
State as to the genuineness thereof; and when said certificate has been filed 
In the Bureau of Pensions his own certificate will be recognized during his 
term of office. 

SBC. 2. That the Commissioner ot Pensions may accept declarations and 
other papers ot claimants residing In foreign countries made before a United 
.States minister or consul or other consular officer, or before some officer of 
the country dtily authorized to administer oaths for general piu'poses, and 
whose official character and signature shall be duly authenticated by the 
certificate of a United States minister or consul or other consular officer; 
and declarations in claims of Indians may be made before a United States 
Indian agent. 

Sec. 3. That any and all declarations or affidavits now on file in the Pen- 
sion Bureau which are considered informal by reason of not having been 
executed in conformity to the laws heretofore in force covering such, and in 
which it is sho^^m or may be hereafter shown by proper evidence that the 
same were executed by and before an officer who was dtily authorized to ad - 
minister oaths for general purposes at said date of execution, shall be ac- 
cepted as formal as from date of filing such decharations or affidavits. 

Sec. 4, That all acts and parts of acts inconsistent with the provisions of 
this act are hereby repealed. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, antl jiassed. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had agreed 
to some and disagreed to other amendments of the Senate to the 
bill (H. R. 7520) making appropriations for sundry civil e.xpenses 
of the Government for the fiscal year ending June 30, 1>S'J3, antl 
for other purposes, agreed to the amendment of the Senate num- 
bered 177 to the bill with an amendment in which it requested 
the concurrence of the Senate, asked a confei-ence with the Sen- 



ate on the disagreeing votes of the two Houses thereon, and had 
appointed Mr. Holman, Mr. Sayers, and Mr. Bingham mana- 
gers at the conference on the part of the House. 

enrolled BILLS SIGNED. 

The message also announced that the Speaker of the House 
had signed the following enrolled bills; and they were thereupon 
signed by the President pro tempore: 

A bill (H. R. 945) for the relief of Patrick Hyland; 

A bill (H. R. 3572) for the relief of Richard M. Edwards, of 
Cleveland, Tenn.: 

A bill (H. R. 3947) to establish weather-bureau siations on 
Middle and Thunder Bay Islands in Lake Huron; 

A bill (H. R. 5119) regulating the construction of buildings 
along alleyways in the District of Columbia; and 

A bill (H. R. 9114) to establish a railroad bridge aci-oss the 
Black River in Arkansas. 

MARY ISABELLA HUTCHISON. 

Mr. HUNTON. I ask the unanimous consent of the Senate 
for the present consideration of House bill 

Mr. COCKRELL. I must object to that. We are proceeding 
under a unanimous consent agreement, and let us go on for 
awhile. 

Mr. HARRIS. We are taking up House bills in their order. 

Mr. COCKRELL. We are taking House bills in their order 
on the Calendar. 

Mr. HUNTON. The bill I wish to call up will take but a min- 
ute. 

Mr. COCKRELL. There are a dozen that will take but a min- 
ute. 

The PRESIDENT pro tempore. The next House bill on the 
Calendar will be proceeded with. 

The bill (H. R. 5377) granting a pension to Mary Isabella 
Hutchison was considered as in Committee of the Whole. It 
proposes to place on the pension roll the name of Mary Isabella 
Hutchison, sister of William Hutchison, late of Company A,On3 
hoUdredand third Regiment Pennsylvania Volunteers, deceased, 
at the rate of $18 per month, to be paid to her legal guardian or 
person legally ajipointed to have the charge of her person and 
estat". 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 
DELIVERY OP ICE ON SUNDAY". 

The bill (H. R. 8307) regulating the delivery and sale of ice 
within the District of Columbia on the Sabbath day, commonly 
known as Sunday, was announced as the ne.xt House bill on the 
Calendar. 

Mr. HARRIS. Let that bill go over. 

The PRESIDENT pro tempore. Being objected to, the bill wili 
be parsed over without prejudice, retaining its place on the Cal- 
endar. 

SAVANNAH RIVER BRIDGE. 

The bill (H. R. 7720) to authorize the construction of a bridge 
across the Savannah River was considered as in Committee of 
the Whole. 

The bill was reported from the Committee on Commerce with 
amendments. 

The first aiTiendment was, in section 2, line 21, before the word 
■'built," to iutert ''commenced or;" so as to read: 

And until said plan and location of the bridge are approved by the Secre- 
tary of War the bridge shall not be commenced or built. 

The amendment was agreed to. 

The next amendment was, in section 2, line 44, after the word 
" same," to strike out: 

And all the rights conferred by this act sjall be forfeited upon said failure, 
and Congress shall have power to do any and all things necessary to securi 
the free navigation of said river. 

And insert: 

And shall thereupon institute proceedings in the circuit court of the United 
States in and for the district in which any part of said bridge may be located 
for the recovery of the cost thereof. 

So as to read: 

And if upon reasonable notice to said company, its successors or assigns, 
to make such change or Improvements, the said company fails to do so, tha 
Secretary ot War shall have authority to make the same, and shall there- 
upon, etc. 

The amendment was agreed to. 

The next amendment was, in section .'I. line 8, after the word 
"and," to strike out " they " and insert " it; " and in line 11, af- 
ter the word " telegraph," to insert " and telephone; " so as to 
make the section read: 

That any bridge built under this act and subject to its limitations shall be 
a lawful structure, and shall be recognized and kno-\vnas a post-route, tipou 
which also no higher charge shall be made for the transmission over the 
same of the mails, the troops and munitions of war of the United States, or 
passengers or freight over said bridge than the rate per mile paid for the 
transportation over the railroads or public highways leading to said bridge, 



1892. 



CONGRESSIONAL EECOED— SENATE. 



6435 



gtates as the g-uardian, constituted by itsownlaws, of the rights 
and interests of these people. 

Therefore the committee reported a bUl which will accom- 
plish, if it shall be enacted, every public purpose sought by the 
gonator from Washing-toa and by the bill which he introduced, and 
■ivhich will prevent in the execution of the public purpose lor pub- 
lic interests the injustice and iniquity, which the committee be- 
Jio ve lie behind the bill introduced by the distinguished Senator, 
bnd now moved to bo substituted for the bill of the committee. 

As has been well stated by the distinguished Senator from Con- 
necticut [Mr. Platt], the question which is presented to the 
Senate is not a question of difference between the Committee on 
Indian Affairs and the Senator from Washington in respect to a 
public interest. There is no circumstance of the public inter- 
est, in my belief and in the belief of tho committee, which will 
jjot be pci-fectly subserved by tho enactment of the bill as i-o- 
ported. 

Mr. President, I dislike to woai-y the Senate with protracted 
details, but I think it very important that the simple facts of this 
case should bo exhibitsd to this bodj', and it can be done without 
vei'y great elaboration. 

Attached to Executive Document No. 3t of the Senate of this 
session is a map which exhibits tho Pnyallup Indian Reserva- 
tion as it now exists, and also discloses the fact that it lies in 
juxtaposition to the city of Tacoma and stretches around the bay 
known as Commencement Bay, upon which that city is situated. 
This land becoming the property of the Indians in 1857, under a 
treaty with the United States, has remained their home from 
that time to this. But meantime a city, and now a great city, 
has risen up on the waters of Puget Sound, and it has happened 
tiiat these Indians have attained to the advantage which has 
often followed the persistent holding of land by individuals in 
this country, that by settlement and the developm.ent of civiliza- 
tion their land has become very valuable. Let me observe that the 
precise object, as it seems to me, of the guardianship of Congress 
was to protect the Indians in securing to them the value of their 
lands which might accrue by their own steadfast holding' of 
them. 

It is said by the Senator from Washington that the situathm of 
this reservation obstructs the entrance into Tacoma of raUroads 
and of public highways; that it would be convenient, perhaps, 
to build out upon it street-car lines; and that therefore it is de- 
sired to enable the Indians to sell it. Granted. The commit- 
tee's bill provides for selling the laud. There is no difference 
between us in respect to that feature. But let us observe where 
the point is. It has already been indicated by the Senator from 
Connecticut, and perhaps fully enough stated. I desire, how- 
ever, to repeatonly briefly. In order to understand that, it is de- 
sirable to notice precisely the terms of the treaty under which 
these Indians hold their lands. It is the treaty of December 20, 
1854, and I read from the Statutes, page 1133, only so much as 
relates to this point. Speaking of the power of tho President in 
relation to these lands, the treaty reads: 

And 6e may further, at liis discretion, cause the whole or any portion of 
tbe lauds hereby resorved, or ol such other land as may be selected In lieu 
tliereof, to be surveyed into lots, and assign the same to such individuals or 
families as are willing to avail themselves of the privilege, and will locate 
on the same as a permanent home, on the same teiTijs and subject to the 
same regulations as are provided iu the slrth article of the treaty with the 
Omahas, so far as the same may be applicable. 

On page 1044 of tho same volume will be found that provision, 
which reads: 

And the President may, at any time, in his discretion, after such person or 
family has made a location on tho land assigned for a perftianent home, issue 
a patent to such person or family for such assigned land, conditioned that 
the tract shall not be aliened or leased for a longer term than two years ; and 
shall be exempt from levy, sale, or forfeitm-e, which conditions shall cou- 
tinue in force until a State constitution, embracing such lands within its 
boundaries, shall hare been formed and the Legislatiu'e of the State shall re- 
move the restrictions. 

To which is added: 

No State Legislature shall remove the restrictions herein provided tor with- 
out the consent of Congress. 

Mr. MITCHELL. Will the Senator allow mo to put a question 
right there ? 

Mr. VILAS. Certainly. 

Mr. MITCHELL. I desire to submit this inquiry to the Sen- 
ator from Wisconsin, whether it has been considered at all by 
the committee or by the Senator from Wisconsin himself. From 
what the Senator has just read it seems that bv the treaty of 
1854 with these Indians, the 'President of the United States, in 
his discretion, is to have these lands surveyed and allot them to 
the Indians,' and to subsequently issue to them patents under such 
conditions and restrictions as are to be found in the treaty with 
the Omahas. The provisions of that treaty were to this effect: 
That there should be a restriction of tlie right of alienation until 
such time as the Legislature of the State might remove tho re- 
strictions, but that the Legislature of the State should not re- 
move the restrictions without the consent of Congress. 



Now, my question is this: These things having proceeded, not 
under tho enactment, but under these treaties, and the Indians 
having gone on and had tho lands allotted to them, patents hav- 
ing been issued to them in pursuance of these provisions which 
delegated to the State the right to remove tho restrictions, sub- 
ject only to the permission of Congress, has Congress now tho 
right to remove the restrictionsV In view of all those treaty 
stipidations, contracts made in pursuance of treaty stipulations, 
and patents issued to them in pursuance of the treaty stipula- 
tions, all pointing to the fact that tho State, after it should be 
organized under a State constitution, should have tho right to 
remove tho i-ostrictions. subject only to tho consent of Congress, 
has Congress, after all that has been done, the right to remove 
these restrictions or to prescribe the terms upon which tho State 
shall remove tho restrictions'? In other words, after all that has 
transpired is there anything loft for Congress to do but to say 
to the State Legislatiu-e, ""Tes, you can remove these restric- 
tions," or " No, you can not" ? AVill Congress consent or will it 
not? 

The Senator understands my point? 

Mr. ■\^ILAS. Perfectly. Mr. President, that is not a now 
question, but one which was presented to the committee and 
carefully considered, and while I intended at a later point to ad- 
dress some observations to it, I am ready to answer the Senator's 
question now. 

There must have b?en some reason why Congress reserved to 
itself concurrent power over those restrictions. It is more than 
a concurrent power with the Stat« Legislature; it is a supervis- 
ory power. It simjily jsrovided, not tliat the Legislature of the 
State should have the jjower to remove the restrictions, but that 
they should not bo removed until the Legislature of the State 
did it, and that the Legislature of the .State should not do it ex- 
cept under the control of Congress, with the consent of Congress 
to its doing. Thus the action of two bodies became necessary — 
the action of tho State Legislature, thei local governing body, 
and the action of Congress, the Federal Legislature, and the 
natural guardian of the rights of the Indians. 

Congress undoubtedly reserved the rig-ht to mako this con- 
sent in order that it might keep tho Legislature from doing 
what it deemed to be unjust. This power of Congress to im- 
pose qualifications or conditions arises from the simple prin- 
ciple that ''the greater includes the less.'' If Congress has 
power to g-raiit or to withhold consent, CongTess has power to 
specify upon what conditions it is willing to grant its consent. 

Mr. ALLEN. Mr. President, may I interrupt the Senator';' 

The PRESIDING OFFICER. Does the Senator from Wis- 
consin yield'? 

Mr. VILAS. With pleasure. 

I\Ir. ALLEN. If that be the fact, why v,-ero there not im- 
jjorted into the statute words of this character, Cong-ress shall 
give consent upon such conditions as it sees proper? If Con- 
gress was to look into the conditions and determine the character 
of the conveyance, why did it not provide that it should remove 
the restrictions? In other words, did not Congress turn the 
whole matter over to the State to say, ''When the time has 
rijioned so that you think these restrictions shall be removed, 
remove them?" 

Mr. VILAS. Mr. President, to ask why somebody who was 
writing an instriunont forty years ago did not use other or dif- 
ferent words to express his meaning, is to ask a question, it 
seems to me, not at all likely to elucidate tho point under dis- 
cussion. 

If it be true as a simple principle of law in the interpretation 
of contracts and treaties, that a consent to be given by the Na- 
tional Legislature is a thing which may be given upon such con- 
ditions as that legislature chooses to impose, there was no oc- 
casion to use any other words. The language employed perfectly 
carries with it all that is necessary to the case. 

Mr. President, just let me ask a moment's attention to the 
value of these lands. I have shown the title upon which they 
are held. I read from the communication of the Secretai-y of 
the Interior to the President under date of February 6 last, with 
which he transmits to the i'resident the report of a commission 
which had been appointed under a law of Congress to examine 
into the value of these lands, among' other things. Tho Secre- 
tary says: 

As to the value of the lands, the plan adopted by the commission was a 
good one to obtain the average value of all the lands, and is no doubt approxi- 
mately correct. But before any sale could be properly made of particular 
lots or parts of the reservation, a valuatloii should be made ol each such 
particular tract or subdi-i'islon to be sold, for, as was stated In the instruc- 
tions to the commission, some of the lauds near the city are deemed worth 
S6,000 per acre. The water front alone has been estimated to bo worth some 
millions of dollar.^. 

' "Wheresoever the carcass is," saith the old seriptiu-e, "there 
will the eagles b3 gathered together." 
The Legislature of tho State of Washington in 1890 passed a 



6436 



CONGRESSIONAL RECORD— SENATE. 



July 20, 



law giving its unconditional assout to these Indians dealing with 
property of such value as this as they might individually 6ee fit 
each to do with his own. Thereupon " the eagles gathered to- 
gethm','' and contracts were made by individuals for, I think, 
every tract of land held in severalty, at least for nearly all of the 
tracts held in severalty by those Indians. 

Mr. ALLEN. Will the Senator permit me? This is the fact: 
Contrac'ts I find, according to the report, were made for some 
9,200 acres of this land at the average price of neai-ly $79 per 
acre, which, if carried out for the twelve thousand and odd acres, 
would realize to the Indians $1,000,000 for the portion they pro- 
pose to sell. 

Mr. VILAS. I shovild like to ask the Senator from Washing- 
ton to state right there whether or not thosa contracts do not 
embrace nearly every subdivision of this reservation which this 
bill proposes to ijermit to ho sold? 

Mr. ALLEN. I will state that in the reservation therj are 
18,0G2 acres of land: they are within what are known as the 
" heavy black lines,'' which are exempt from alienation under 
both bills, fifty- two hundred and odd acres, 598 acres coming down 
nearest the city of Tacoma, known as the agency grant, which 
have never been allotted, and some forty-six hundred and odd 
acres, the quantity of land the Indian Department found, con- 
stituting the homes of the Indians of the Puyallup Reservation. 
That is the quantity reserved that is not subject to either one of 
the two bills — fifty-two hundred and odd acres. 

Mr. VILAS. Of less than 13,000 acres which might become 
available for sale over 9,000 acres have been contracted, then, 
within these pai-ticular boundaries? 

Mr. ALLEN. That is correct; according to a table I find 
9,200 acres. I think. 

Mr. SQUIKE. Mr. President, I should like to ask the Sena- 
tor a question. 

Mr. VILAS. In one moment. I desire to ask the Senator 
from Washington [Mr. Allen] one other question: Are not the 
lands so embraced within the contracts already made the lands 
lying in the northern portion of the reservation and along the 
shores of Commencement Bay, going clear down to the agency 
lands? 

Mr. ALLEN. I will answer the Senator. The lands are the 
lands that lie above what are known as the State harbor line 
lauds. All the lands of the State of Washington lying between 
ordinary low-water and ordinary high-water mark belong to the 
State of Washington. That conclusion has been reached both 
by the Interior Department and by the supreme court of the 
State of Washington, agreeably to v.'hat I understand to be the 
Federal decisions. As the tide rises and falls between 14 and 15 
feet on the averag'e in Commencement Bay there is a strip of 
land, varying in width, extending from a few rods in width %t the 
lower part or entrance of the bay up abouta half or three-q 
of a mile at the head of the baj% and lying between the Indi 
lands and the deep water, or ordinary low tide. That is the land 
of the State. Then, as was suggested by the inquiry of the Sen- 
ator, the lands lying just north come down close to the water on 
one portion of the reservation and extend into the hills on either 
side. Some of the lands are very valuable. 

Mr. VILAS. The Senator from Washington has answered my 
question, but in answering it he has introduced another subject 
which the question did not relate to, and that is the question of 
the title of the lands in that reservation between high and low 
water mai'k, they being subject to tide flow. 

The State of Washington claims tliose lands entirely, lie says. 
I wish to ask the Senatorfrom Washington whether those lands 
within the lines of high and low water mark do not constitute a 
portion of the 1.3,000 acres of land which we have be.3n mention- 
ing as being partof the acreage of the reservation subject to d 
position? 

Mr. ALLEN. No, they do not; because these lands are a1 
embraced within the meander lines of the high-water mark. 

Mr. VILAS. Does not the tide rise above the meander lines? 

Mr. ALLEN. The meander line is the line marking ordinary 
high water. 

Mr. VILAS. I will ask the Senator this: Does not the tide 
rise beyond the meander line, and does not the State claim the 
lands to the extonjt that the tide ris?s? 

Mr. ALLEN. The State claims the land up to the line of high- 
water mark. The surveys now aim to follow the meander line 
of the ordinary high-water mark. 

The VICE-PRESIDENT. The hour of 2 o'clock having ar- 
rived, it is the duty of the Chair to lay before the Senate the 
unfinished business. 

The Chief Clerk. A bill (H.R. 7845) defining options and 
futures, imposing special taxes on dealers therein, and requiring 
such dealers and pei^ons engaged in selling certain products to 
obtain license, and for other purposes. 

Mr. Washburn rose. 



Mr. ALLEN. Will the Senator from Minnesota yield to me 
one moment? I wish to ask unanimous consent that after the 
routine business to-morrow this bijl may be considered further. 

The VICE-PRESIt)ENT. Is there objection to the request 
made by the Senator from Washington? 

Mr. WARREN. I do not understand the request made by the 
Senator from "VVashington, but if il is in line of the agreement 
made yesterday, which takes from me the time I have asked, I 
.shall feel compelled to object. 

Mr. ALLEN. I ask that the consideration of the bill follow 
after the speech of the Senator from Wyoming to-morrow, in- 
stead of after the routine morning business. 

Mr. HARRIS. I do not like to object to the request of the 
Senator from Washington, but I do tliink the morning hour ought 
to be devoted to the Calendar. 

Mr. CULLOM. So do I. 

Mr. HARRIS. And I do not think it ought to be consumed 
morning after morning by the consideration of bills that take 
hours to consider or by speeehmaking. I think those things 
ought to come in after 2 o'clock. I will not interpose a formal 
objection, but I appeal to Senators to leave the morning hour to 
the Calendar. 

Mr. PLATT. Let us dispose of this bill to-morrow morning. 

Mr. HARRIS. I shall not object, but I regret that it is to be 
done. 

Mr. MITCHELL. Of course my neighbor here, the Senator 
from Wyoming [Mr. Warren], is able to speak for himself, but 
I want as his neighbor to put in a plea for him. Ha gave notice 
many days ago that he desired to address the Senate on an im- 
portant matter which he has in charge and that time was fixed 
for yesterday. He was crowded out then, and again this morning. 

Mr. PLATT. I understood the Senator from Washington to 
assent that the Senator from Wyoming should make his speech 
to-morrow morning. 

Mr. MITCHELL. Yes; and I hope he will be permitted to go 
on to-morrow morning. 

Mr. WARREN. I wish in this connection to renew my notice. 
I shall ask to-morrow, immediately after the morning business, 
the courtesy of the Senate for a few moments to present my 
views upon the bill which I called up this morning. 

Mr. VILAS. I wish to interpose no objection to the earliesli 
consideration of the bill the Senator from Washington has in 
charge, but I desire when it is heard to have the opportunity to 
present fully the views of the committee. It will not occupy 
perhaps a very long time. 

The VICE-PRES'IDENT. The Senator from Wisconsin will 
be entitled to the floor when the consideration of the bill is re- 
sumed. The Senator from Washington asks that to-morrow 
morning, at the conclusion of the remarks of the Senator from 
Wyoming [Mr. Warren], the bill that was under consideration 
at 2 o'clock be proceeded with. Is there objection? The Chair 
none. 
['WORTH, BRIGHTWOOD AND TAKOMA PARK RAIL'W'AY. 

Mr. MCMILLAN submitted the following report: 
The committee of conference on the disagreeing votes of the two Hou.5es 
on the amendment of tlie .Senate to the bill H. R. 8579, "An act to Incorporate 
the Petworth, Brightwood and Taltoma Park Railway Company of the Di.s- 
triot of Columbia." having met, after full and free conference have aijreed 
to recommend and do recommend to their respective Houses as follows: 

That the House recede from Its disaErreement to the amendment of Senate 
and agree to the same with an amendment as follows: On paae 1 of the 
Senate amendmept, strike out all after theword ■■midnight,' fn line U; also 
strike out lines 13 and 13; and that the Senate agree to the same. 

JAMES MCMILLAN, 
ISHAM G. HARRIS, 
B. W. PERKINS, 
Mnnntjers on the part of the Sfiuite, 
JNO. J. HEMPHILL, 
JNO. T. HEARD, 
P. S. POST. 
Man afjtTS on the part of the Houite. 
he rouort was concurred in. 

DISTRICT STREET RAILROADS. 

Mr.'WcMILLAN submitted the following report: 

The committee of conference on the disagi-eeing votes of the two Hou.se ? 
on the amendment of the Senate to joint resolution (H. Res. 108) ■extend- 
ing the time in which certain street railroads compelled by act of Congress 
approved August 6, 1890, to change their motive power from horse power to 
mechanical po-wer, for one year, " having met, after full and free confer- 
ence have agreed to recommend and do recommend to their rcspctive 
Houses as follows : 

That the House recede from its disagreement to the amendments of the 
Senate, and agi'ee to the same amended to read as follows: "That the time 
within which the street railroad companies availiug themselves of the privi- 
leges granted by the act making appropriations to provide for the govern- 
ment of the District of Columbia, and approved August (i, 189), so Jar as it 
extends to the Metropolitan Railroad, is hereby extended for one year from 
the date of the passage of this act: ProrUled. That so fast as the' cars now 
building are equipped with storage batteries they shall be placed on the road : 
And providedfurlher. That pending the change the present equipment of the 
road shall be put, kept, and maintained In good condition; and any f;ulure 
to comply with any of the foregoing requirements as to equipment shall ren- 
der the said Metropolitan Railway Company liable toa flneof notexceeding 




1892. 



CONGRESSIONAL RECORD— HOUSE. 



6455 



as uow proposed, it will bo impossible to maintain order in that 
Territory. 

Mr. BUCHANAN of New .Jersey. Will the gentleman per- 
mit a question? It was difficult in the confusion to understand 
the exact terms of the bill as read from the desk. Does the bill' 
as it now stands prohibit the introduction of beer into the In- 
dian Territory? 

Mr. CULBERSON. Yes, sir. 

Mr. BUCHANAN of New Jersey. The reason I ask the ques- 
tion is this: When on a visit to that section some time since, 
I saw whole trains laden with St. Louis beer g:oing- down to 
Texas. Will the passag-o of this bill cut off your supply? 

Mr. CULBERSON. I can not hear the gentleman. 

Mr. BUSHNELL. I wish to inquire of the gentleman from 
Texas whether under the provision now proposed there will not 
be much greater expense to the Government than it we leave the 
law as it is? Und t this bill it will ba necessary to send the 
marshal to the Indian Territory to arrest these offenders: and this 
oiicer, as well as the district attorney, will have to be paid 10 
cents a mile as traveling expenses forattending to this business. 

Mr. CULBERSON. The pi-ovision which the gentleman has 
in mind applies specially to the State of Wisconsin. 

Mr. BUSHNELL. I am n3t quite satisfied with the propriety 
of this proposed change in the law. 

The previous question was seconded; and under the operation 
thereof the amendment reported by the Committee on the Ju- 
diciary was agreed to. 

The question being taken on ordering the bill as amended to 
a third reading, there were — ayes 120, noes 7. 

Mr. BUSHNELL. No quorum. 

Tellers were ordered; and Mr. BUSHNELL and Mr. CULBER- 
SON were appointed. 

The House again divided; and the tellers reported — ayes 107. 

Mr. BUSHNELL. I will not insist on a farther count. 

So the bill was ordered to a third reading; and it was accord- 
ingly read the third time, and passed. 

On motion of Mr. CULBERSON, a motion to reconsider the 
last vote was laid on the table. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCoOK, its Secretary, 
announced that the Senate had insisted upon its amendments to 
the bill (H. R. 7520) making appropriations for sundry civil ex- 
penses of the Government for the fiscal year ending June 30, 
189;!, and for other purposes, disagreed to by the House of Rep- 
resentatives, had asked for a conference with the House on the 
bill and amendments, and had appointed Mr. Allison, Mr. 
Hale, and Mr. Gorm.\n as the conferees on the part of the 
Senate. 

It also announced that the Senate had passed without amend- 
ment bills of the following titles: 

A bill (H. R. 43(55) for the relief of Nell Fisher: 

A bill (H. R. 1105) for the relief of Henry S. Cohn, late of the 
One hundred and sixth Ohio Volunteers. 

A bill i.H. R. 5377) granting a pension to Mar.v Isabella Hutch- 
ison. ' 

A bill {H. R. 3496) for the relief of A. S. Lell, and a bill (H. R. 
2713) in relation to the execution of declarations and other papers 
in pension claims. 

It also announced that tlie Senate had passed with amend- 
ments the bill (H. R. 7720) to authorize the construction of a 
bridge across the Savannah River, asked a conference with the 
House on the bill and amendments, and had appointed Mr.VEST, 
Mr. Sawyer, and Mr. Cullom as the conferees on the ijart of 
the Senate. 

It also announced that the Senate had passed with amend- 
ments the bill (H. R. 5941) to build a bridge across the Tennes- 
see River between a point in Whitesburg precinct, in Madison 
County, and Morgan County, in the State of Alabama, asked a 
conference with the House on the bill and amendments, and had 
appointed Mr. Vest, Mt'. Sawyer, and Mr. Cullom as the con- 
ferees on the part of the Senate. 

It also announced that the Senate had passed with amendment 
the bill (H. R. 8122) to prohibit the use of " one-horse " ears 
within the limits of the cily of Washington after the 1st day 
of January, 1893, and for other purposes, asked a conference with 
the House on the bill and amendment, and had appointed Mr. 
McMiLLAN.Mr. Harris, and Mr. Perkins as the conferees on 
the part of the Senate. 

It also announced that the Senate had passed with amendment 
the bill (H. R. 5997) to amend section 2 of an act approved May 
14, 1880, biing an act for the relief of settlers on public lands, 
asked a conference with the House on the bill and amendment, 
and had appointed Mr. Paddock, Mr. Carey, and Mr. Pasco 
as the conferees on the part of the Senate. 

A fui-ther message from the Senate, by Mr. Platt, one of its 



clerks, announced that the Senate had pas.scd the bill {S. 31 15) 
for the relief of Clement Reeves: in which concurrence of the 
House was requested. 

It also announced that the Senate had passed the bill (S. 3418) 
making Saturday a half holiday for banking and trust company 
purposes in the District of Columbia; in which concurrence of 
the House was requested. 

ENROLLED BILLS SIGNED. 

Mr. WARWICK, from the Committea on Enrolled Bills, re- 
]iorted that they had examined and found truly enrolled bills of 
the following titles: when the Speaker signed'tbe same: 

A bill (H. R. 1105) for the relief of Henry S. Cohn, late of the 
On3 hundred aad sixth Ohio Volunteers; 
A bill (H. R. 4305) for the relief of Neil Fisher: 
A bill (H. R. 3490) for the relief of A. S. Lee; and 
A bill (H. R..5377) gi-anting a pension to Mary Isabella Hutch- 
ison. 

JI"KISDI0TI0N op police court, district op COLUJJgl 

Mr. CULBERSON. I now call up for consideration the bill 
(S. 3011) to amend "An act to define the jui'isdicti<m of the po- 
lice court of the District of Columbia," approved March 3, 1891, 
and yield to the gentleman from Louisiana [Mr. Boatner]. 

The bill was read, as follows: 

lie it enacted, ftc. That au act entitled "Au act to define the .im'isdifliou of 
the police court of the District of Columbia," approved Mai'ch :i, lisai, be 
amended as follows: Strike out ail of section 2 of said act and iu lieu 
thereof insert the following: 

"Skc. i. That prosecutions in the police court shall be on information by 
the proper prosecuting ofllcer. In all proseculloiw within the jurisdiction 
of said court iu which, according to the Constitution of the Unilcil States, 
the accused would be entitled to a jury trial, the trials shall be by jiu'y, un- 
less the accused shall in open court expressly waive stich trial by jury and 
request to be tried by the judge, in which case the trial shall be by such Judge, 
and the judgment and sentence shall have the same force and effect in iill 
respects as if the same had been entered and pronounced uiwii the verdict 
of a jury. In all cases where the accused would not by force of the Consti- 
tution of the United States be entitled to a trial by jury, the trial shall be by 
the court without a jiu-y, unless In such of said' last-named ca.ses wherein 
the fine or penalty may be 1.50 or more, or imprisonment as punishment for 
the offense may be thirty days or more, the a'.-cused shall demand a trial by 
jiu-y, in which case the trial shall be by jury. In all cases where the said 
coiu-t shall impose a ttne it may, in default of the payment of the hue im- 
posed, commit the defendant lor such a term as the court thinks right and 
proper, not to exceed one year." 

Sec. 2. That section 1060 of the Revised Statutes relating to the District of 
Columbia be, and the same is hereby, amende.lso that said section shall 
read : 

"Sec, 1060. The clerk and the deputy clerks, and such other offlcers of the 
court as may be assigned by the judges of the court lor that purpose, shall 
have the power to administer oaths and afflrmations." 

Mr. BOATNER. I ask that the report accompanying the bill 
be read, which fully explains it. 
The report (by Mr. Boatner) was read, as follows: 

The Committee on the Jtidiciary. having had under consideration the bill 
(S. 3011) entitled "Au act to amend an act to define the jurisdiction of the 
police court of the District of Columbia, approved March 3, 1S91," report: 

The bill proposes to amend section 2 of said act In the following particu- 
lars; 

(1) To permit parties under prosecution in the police court of the District 
of Coliunbia to waive a trial by jury "in all prosecutions within the juris- 
diction ot said court iu which, according to the Constitution of the United 
States, the accused would be entitled to a jury trial." 

Under existing law the accused cannot in such cases waive a trial by jtu'y, 

(S) In all cases in which the accused would not, by the torce of the Con- 
stitution, he entitled to a jury trial, the trial shall be by the cotirt. unless In 
cases where the lino mayheS50 or the imprisonment thirty days the .accused 
may demand a jury trial and it shall be accorded. 

Under the present law this class ot cases must be tried by a jury unless the 
accused waives it, 

(3) In default of payment of fine and costs the court may commit the de- 
fendant for a term of imprisonment not to exceed one year. No means is 
provided by existing law for the enjorcement of sentences ot this kind. 

(4) Section 1060 of the Revised Statutes relating t(5 the District of Colum- 
bia is proposed to be amended so as to authorize the clerk, the deptity clerks, 
and such other officers as may be assigned by the coiu-t to admiuisicr oaths 
and afflrmations. 

The proposed amendment will facilitate the administration of justice and 
dispatch of business without impairing iij any way the rights of persons un- 
der prosecution or depriving them of any proper me,aus of defense, and the 
passage ol the act is therefore recommended. The section ot the act pro- 
posed to be amended is annexed as a part of this report. 

"SEC. 2. That prosecutions in the police court shall be on information by 
the proper prosecuting officer. In all prosecutions within the jurisdiction 
of said court in which, according to the Coustitmiou ot the United States, 
the accused would be entitled to a jur.y trial, the trial shall be by jury. And 
also in all prosecutions iu which such persons woiUd not be by force of the 
Constitution ot the United States entitled to a trial by jur.w but in which 
the fine or penalty may be 5,50 or more, or imprisonment f(u" thirt.v <iays or 
more, the trial shall bo by jury unless the accused shall, in open court, ex- 
pressly waive such trial bj' jury and con,sent to a trial by the judge, in which 
case the trial shall be by such judge, and the judgment .and sentence shall 
have the same force and effect in all respects ai> if the same had been entered 
and pronounced on the verdict of a jury, 

" In all cases not hereinbefore la this section provided for the trial shall be 
by a judge," 

Mr. BOATNER. I ask the previous question on the bill. 

The previous question was ordered, under the operation of 
which the bill was read a third time, and passed. 

On motion of Mr. BOATNER, a motion to reconsider the last 
vote was laid on the table. 



6456 



CONGRESSIONAL RECORD— HOUSE. 



JtJLY 20, 



LEGALIZING DEEDS AND KECOKDS, INDIAN OFFICE. 

Mr. CULBERSON. I now call up the bill (S. 1793) to legalize 
the deeds and other records of the Office of Indian Affairs, and 
to provide and authorize the use of a seal by said office, and yield 
to the gentleman from Indiana [Mr. Bynum], who will explain 
the bill. 

The bill was read, as follows: 

Be it enacted, etc.. That the recortling ot all deeds and papers heretofore 
made and done in the offlce ot the Commissioner ot Indian Affairs he, and is 
hereby, confirmed, approved, and legalized : and said record heretofore made 
stall tie deemed, taken, and held to be good and valid and shall have all the 
force and effect and bo entitled to the same credit as it it had been made in 
pursnance of and in conformity to law. But shall have no effect whatever 
upon the validity or Invalidity of the deed or paper so recorded, and shall 
be no evidence of constructive notice to any persons not actually knowing 
the contents. 

Sec. -. That the Commissioner of Indian Affairs is hereby empowered and 
directed to continue to make and keep a record of every deed executed by 
any Indian, his heirs, representatives, or assigns, which may require the 
approval of the President ot the United States or ot the Secretary of the In- 
terior, whenever such approval shall have been given, and the deed so ap- 
proved returned to said offlce. 

Sec. 3. That the Commissioner of Indian Affairs shall cause a seal to be 
made and provided for the said offlce, with stfth device as the President of 
the United States shall approve, and copies ot any public documents, rec- 
ords, books, maps, or papers belonging to or on the tiles of said offlce. authen- 
ticated by the seal and certified by the Commissioner thereof or by such ( .fa- 
cer as may, for the time being, bo acting as or tor such Commissioner, shall 
be evidence eciually with 1 he originals thereof. 

Sec. i. That the'Comralssioner of Indian Aflalrs shall have the custody of 
said seal, and shall furnish certified copies of any such records, books, maps, 
or papers belonging to or on the files of said oflice, to any pers m applying 
therefor who shall comply with thereqtiirementsof said oflice, upon the pay- 
ment by such p.xrties at the rate of 10 cents per hundred words, and $1 ft)r 
copies of maps or plats, and the additional sum of 25 cents for the Commis- 
sioner's certificate of verification, with the seal of said offlce; and one of the 
empIo.v^s of said offlce shall be designated by the Commissioner as the re- 
ceiving clerk, who shall give bond in the sum of $l,()00, and the amounts so 
received shall, under the direction of the CV)niinissioner, be paid into the 
Treasury of the Unitetl States; but fees shall not be demanded for such au- 
thenticated copies as may be required by the officers ot any branch of the 
Government or by any Indian who shall satisfy the C'omniissi<mer by satis- 
factory legal evidence" that he or she is not able, by reason ot jKivertyi to pay 
such fees, nor for such tinverifled copies as the Commissioner in his discre- 
tion may deem proper to furnish. 

Mr. BYNUM. Mr. Speaker, the only effect of the bill now 
under consideration is to legalize curtain records in the Indian 
Office, and to authorize and empower the Commissioner of Indian 
Affairs to have and us3 a seal in the authentication of copies of 
such records. 

In many of the grants of lands to Indians between 181(5 and 
1867, the approval of the President or Commissioner of Indian 
Affairs was necessary in order to enable them to convey title. 
These deeds were submitted to the Indian Office, were approved 
by the proper authorities, and recorded; but in many instances 
the original deeds have b..'en lost without being recoi-ded in 
proper I'ecords of the State. Persons are now applying for cei-- 
tified copies of these deeds and the approvals of the same, and 
are informed that there is no provision of law by which they can 
be furnished; nor is there any law on the statute which legal- 
izes the records in that office. This bill legalizes about 10,000 
pages of the records of deeds, and authorizes, as I have said, a 
seal to be prepared and u.sod by the Commissioner in the au- 
thentication of copies of the same. It is strongly recommended 
by the Secretary ot the Interior and the Commissioner of Indian 
Affairs. 

Mr. HENDERSON of Iowa. These deeds or copies of desds 
are not made prima facie evidence luider the provisions of this 
bill? 

Mr. BYNUM. I will state to the gentleman that this does not 
in my judgment enlarge the powers of evidence as far as these 
papei-s are concerned, but simply legalizes the r.x'ords of the 
deeds, and approvals of the conveyances, and enables the Com- 
missioner to furnish certified copies under seal. 

I demand the previous question. 

The pi-evious question was ordered, under the operation of 
which the bill was ordered to a third reading; and being I'cad a 
third time, was passeil. 

On motion ot Mr. BYNUM, a motion to reconsider the last 
vote was laid on the table. 

SUITS AGAINST THE GOVERNMENT. 

Mr. CULBERSON. I will call up now Senate bill 1111, to 
amend the act of Congress appi-oved March 3, 1,887, entitled "An 
act to provide for the bringing of suits against the Government of 
the United States," and yield to the gentleman from New York 
[Mr. Ray]. 

Tlie SPEAKER. The bill will be read. 

The bill was read, as follows: 

Se it enacted, etc.. That in addition to the jurisdiction conferred upon the 
Court of Claims and the district and circuit courts of the United States by 
sections 1 and 3 of the act ot Congress approved March 3, 18.^7. entitled ■■Aii 
act to provide tor the bringiugof suits atjainst the Government of the United 
States," the Court of Claims shall have jurisdiction to hear and determine 
claims, .10 establish or enforce the rights of claimants to patents from the 



United States for lands to which the claimant may be entitled tmder any law 
or grant of the United States; and where the value ot such claim does not 
exceed $5,li00 the United States district cottrts shall have concurrent juris- 
diction with said Court ot Claims, and where the value exceeds $5,000 the 
circuit courts ot the United States shall have concurrent jurisdiction with 
said Court of Claims: Provided, That no suitshall be maintained against the 
United States under this act imle,ss the same shall have been brought within 
six years after the passage of this act if the right shall have heretofore ac- 
f rued, or otherwise \vithin six years after the right shall have accrued for 
which the suit Is brought. 

Sec, 2. That upon the filing in the office of the Commissioner of the General 
Land Offlce of a duly certified copy of an.v final judgment or decree estab- 
lishing the right ot a claimant to a patent tor public land, a patent shall bo 
issued in accordance with said judgment or decree. 

Mr. DOCKERY. This appcai-s to be a bill that ought to be 
explained with some particularity. It strikes down the bar ot 
the statute of limitations, and opens up a new avenue for litiga- 
tion and liability on the part of the Government. 

Mr. RAY. Mr. Speaker, this Senate bill proposes to e.xtend 
the j'tirisdiction of the Court of Claims to the hearing and deter- 
mination of claims to establish the right of claimants to patents 
for land to which the claimant may be entitled, and also to en- 
force the right of claimants to patents from the United States to 
lands to which such claimants may be entitled under any law or 
grant of the United States and gives to the district courts of the 
United States concurrent jurisdiction in such matters with cer- 
tain provisos, one of which is— 

That no suit shall be maintained against the United States under this act 
unless the same shall have been brought within six years after the passage 
of this act, if the right shall have heretofore accrued, or otherwise within 
six years after the right shall have accrued for which the suit is brought; 
and all persons having an interest in the subject-matter of the controversy 
adverse to the plaintifl shall be made parties defendant. 

Now, sir, the bill came from the Senate without two provi- 
sions which we added to it in the Committee on the Judiciary, 
and which were deemed advisable and necessary. One is a pro- 
vision that a suit brought in the disti-ict court of the United States 
shall be brought within the jurisdiction where the lands, the 
title to which is in question, or some part thereof, shall be lo- 
cated, and a second amendment provides that all persons having 
an interest in the subject-matter of the controversy, adverse to 
the plaintiff, shall be made parties defendant. In other words, 
wo regard it as wise and proper that when these matters come 
into the courts, a linal ending shall be nmde of the disputed ques- 
tions, and that all parties known 1o have an adverse intei'est shall 
be made pa-ties and have an opportunity to present their claims 
and assert their rights. We also confine the jurisdiction of this 
class of cases when a suit is brought in the United States court 
to the district cuurts. 

We are of the ojiinion that suits regardiag disputed titles to 
lands should be within the jurisdiction of the Court of Claims of 
the United States, and that the district coui'ts ot the United 
States should also have jurisdiction of those questions, and that 
it should be possible, in those cases where the parties think it 
proper and bo-st for claimants to go into the districtcourts of the 
Unit?d States, in the district where the land or some part is situ- 
ated and have such questions of title settled. As the law now 
stands, as 1 understand it, they are compelled to come here to 
Washington to litigate these matters and settle them in the In- 
terior Department, and when they come here the matters are not 
litigated inanj' legal or pi'oper form, but more than half of these 
disputed questions are tried up m letters and affidavits, and in a 
manner that does not commend itself to the judgment of lawyers, 
or to the judgment of men of good common sense. 

Mr. HENDERSON of Iowa. Do you mean to say that they 
are only litigated now in the Lind Office? 

Mr. KAY. I do not mean to say positively that they are liti- 
gated e-xclusively in that way, but too much so, and I think ex- 
clusively in the Interi'jr Department. 

Mr. HKNDERSON of Iowa. The United States courts have 
jurisdiction of these qtiestions now, have they not? 

Mr. KAY. No. they do not: and, as I understand it, no court 
has jurisdiction, and they are tried here in the Land Office in 
the Interior Department. 

Mr. HENDERSON of Iowa. Is thei'o any statute of limita- 
tions now? 

Mr. RAY. I think not. None that I am aware of ; there may 
be. I sujjpos i the Dei)artment observes some limitation. 

Mr. HKNDERSON of Iowa. This is an enlargement of the 
Tucker act, is it not, in one sense, giving the United States dis- 
trict courts larger jiu'isdietion? 

Mr. RAY. Yes, sir; it is. 

Mr. BOWERS. It is simply bringing this cla-ss of cases into 
line witli ordinary cases at law. 

Mr. RAY. It brings disputed land claims within the jurisdic- 
tion of the cuurts of the United States, where they may be tried 
in a legal manner under legal forms, before a judge, and if neces- 
sary before a judge and jui-y. 

Mr. HENDERSON of Iowa. Should not the United States 
circuit courts also have jurisdiction, as well as the district courts? 



1892. 



CONGEESSIONAL EECOED— SENATE. 



6483 



The VICE-PRESIDENT. Tho i-esolution will be printed as a 
document, i£ there be no objection. The Chair hears none, and 
that order is made. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES. its Chief Clerk, announced that the House insisted upon 
its amendments to thebiU (S. Ill) to amend the act of Congress 
approved March 3, 1887, entitled "An act to provide for the 
bringing of suits against the Government of the United States," 
agreed to the conference asked by the Senate on the disagreeing 
votes of the two Houses thereon, and had appointed I^Ir. Culber- 
son, Mr. Goodnight, and Mr. Ray managers at the conference 
on tho part of the House. 

The message also announced that the House insisted upon its 
amendments to th:! bill (S. 2137) to amend an act entitled "An 
act amending the pension law so as to remove the disability of 
those who, having participated in the rebellion, have since its 
termination enlisted in the Army of the United States and be- 
come disabled," approved March 3, 1887, agreed to the confer- 
ence asked by tho Senate on the disagreeing votes of the two 
Houses thereon, and had appointed Mr. Martin, Mr. Harries, 
and Mr. Jolley managers at the conference on the part of the 
House. 

The message further announced that the House had passed the 
following bills, in which it requested the concurrence of the 
Senate: 

A bill(H. R. 7213) to amend an act entitled "An act authorizing 
the appointmentof receivers of national banks, and for other pur- 
pos;'s," appi-oved June 13, 1876; and 

A bill (H. R. 9502) to authorize the Trinity River Navigation 
Comimnv to open to navigation the Trinity River in the State of 
Tcxa's. 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House had 
signed the following enrolled bills, and they were thereupon signed 
by the Vice-President: 
A bill (H. R. 3310) for the relief of Jerome H. Biddle: and 
A bill (H. R. 2713) in relation to the execution of declarations 
and other papers in pension claims. 

REPORTS OP COMMITTEES. 

Mr. TURPIE.from the Committee on Pensions, to whom were 
referred the following bills, reported them severally without 
amendment, and submitted reports thereon: 

A bill (H. R. 2397) granting a pension to Stark Frazier; 

A bill (H. R. 4809) g'ranting a pension to James Smith; 

A bill (H.R. 6106) granting a pension to Lydia M. Kennedy, 
sister of Abram Kennedy; 

A bill (H. R. 2068) granting a pension to William H. Brewer; 

x\ bill (H. R. 6561) granting a pension to Susanna Davis; and 

A bill (H. R. 2399) granting a pension to John Mercer. 

Mr. SAWYER, from the Committee on Commerce, to whom 
was referred the bill (H. R. 7974j to authorize the construction of 
a bridge over the Tennessee River at or near Deposit, Ala., re- 
ported it without amendment. 

IMr. SAWYER, from the Committee on Pensions, to whom 
were referred the following bills, reported them severally with- 
out amendment, and submitted reports thereon: 

A bill (H. R. 3107) restoring the pension of Sallie M. Swigart: 

A bill (H. R. 7235) granting a pension to Mary A. Sipp; 

A bill (H. R. 7236) granting a pension to Julia S. Tompkins; 

A bill (H. R. .3165) granting a pension to Orinda Leach; 

A bill (H. R. 8241) granting a pension to William Oscar Stan- 
ley; 

A bill (H. R. 7237) granting a pension to James W. Kirtley; 
and 

A bill (H. R. 3170) granting a pension to Sarah A. Noble. 

Mr. CULLiOM. I am instructed by the Committee on Inter- 
state Commerce, to whom was referred the bill (H. R. 9350) to 
promote the safety of employes and travelers upon railroads by 
compelling common carriers engaged in interstate commerce to 
equip their cars with automatic couplers and continuous brakes 
and their locomotives with driving-v.iieel brakes, and for other 
purposes, to report it with an amendment in the nature of a 
substitute for the House bill and recommending- the passage of 
the substitute. In connection with that bill. I may ask leave later, 
possibly this afternoon, to file a report. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar. 

Air. MITCHELL, from the Committee on Claims, to whom was 
referi'ed the bill (S. 2337) for the x'elief of Jacob Kern, reported 
it without amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (S. 2126) for the relief of Catharine E. Whitall, reported ii 
without amendment and submitted a report thereon. 



i*St 



Mr. SANDERS. I am instructed by the Committee on Claims, 
to whom was referred the bill (S. 594) for the relief of Israel 
Kimball, to report it adversely. 

The VICE-PRESIDENT. The bill will bo indefinitely post- 
poned, being adversely reported. 

Mr. SANDERS. I ask that it be placed on tlie Calendar. 

The VICE-PRESIDENT. The bill will bo placed on the Cal- 
endar with the adverse report of the committee. 

I\Ii'. BATE, from the Committee on Military AlTairs, to whom 
was referred the bill iS. 2520)for tho relief of Joseph C. Williams, 
reported it with an amendment, and submitted a report thereon. 

Mr. KYLE, from tho Committee on Patents, to whom was re- 
ferred the bill (S. 2130) for the relief of Mrs. Mary P. C. Hooper, 
reported it without amendment, and submitted a report thereon. 

Mr. VILAS. I am instructed bj' the Committee on Claims, 
to whom was referred the bill (.S. 3001) for the relief of Howard 
Lodge, No. 13, Independent Order of Odd Fellows, of Gallatin, 
Tenn., to submit an adverse report thereon. 

Mr. BATE. I ask that that bill may be placed on the Calen- 
dar. 

Tho VICE-PRESIDENT. The bill will be placed on the Cal- 
endar with the adverse report of the committee. 

Mr. PALMER, from the Committee on Military Affairs, to 
whom was referred the bill (S. 2798) for the relief of Peter Light, 
reported itwith an amendment, and submitted a report thereon. 

Mr. DAVIS, from the Committee on Pensions, to whom was 
referred the bill (H. R. 7294) granting pensions to army nurses, 
reported itwithout amendment, and submitted a report thereon. 

Mr, DANIEL, from tho Committee on Claims, to whom was 
referred the bill (H. R. 4993) for the relief of theheu-sof .lohnR. 
Trentlen, reported it without amendment, and submitted a re- 
port thereon. 

Mr. PADDOCK, from the Committee on Pensions, to whom 
was referred the bill (S. 3265} granting a pension to Marion C. 
Gurney, reported it without amendment, and submitted a I'eport 
thereon. 

Mr. BLODGETT, from the Committee on Pensions, to whom 
was referred the bill (H. R, 57661 granting a pension to Miss 
Adda Boodger, of Lockport, N. Y., reported it without amend- 
ment, and submitted a report thereon. 

NATHANIEL LANG. 

Mr. WALTHALL. I am directed by the Committee on Mil- 
itary Affairs to report favorably and without amendment the bill 
(H. R. 2370) for the relief of Nathaniel Lang. 

Mr. SHERMAN. I ask unanimous consent of tho Senate to 
put that bill upon its passage at this time, it being a House bUl, 
and a plain case. 

Bj' unanimous consent the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It proposes to relieve 
and absolve Nathaniel Lang from the sentence adjudged against 
him by a court-martial on January 20, 1865, and to I'ostore him 
as of that date to hisrank ascaptain of Company F, One hundred 
and twenty-first Pennsylvania t'olunteer Infantry. 

The bill was reported to the Senate without amendment, ordered 
to a third reading, read the third time, and passed. 

TH0M.4S C. ELLIS. 

Mr. TURPIE. I am directed by the Committee on Pensions 
to report favorably, and without amendment, tho bill (S. 2766) 
granting a pension to Thomas C. Ellis, i 

Mr. CALL. I ask unanimous consent for the immediate con- 
sicioration of that bill. The case is well known to me. The man 
is very old, almost totally blind, and in very great need. I hope 
there will lie no olijeclion to its immediate consideration. 

The being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the liill. It proposes to place on 
the pension rolls the name of Thomas C. Ellis, a soldier of the 
Florida Seminole Indian war, and to grant him a pension of $20 
per month. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, road the third time, 
and passed. 

ADJUNISTRATION of UNITED STATES GOVERNMENT. 

Mr. QUAY. I am instructed by the Committee on the Li- 
brary to report favorably the joint resolution (H. Res. 155) to 
authorize and direct the Seci'etary of State to affix the great 
seal of the United Statae to a cei-tain document therein stated, 
and I ask that it be placed upon its passage. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider tho joint resolution, which is a 
direction to the Secretary of State to afli.x the great seal of the 
United States to the document entitled " The administration of 
iioJ.jjJMmRites Government at the beginning- of the four hun- 



dredth a55fyfersary of the discovery of America." 



6484 



CONGRESSIONAL RECORD— SENATE. 



July 21, 



The joint resolution was reported to the Senate without amend- 
ment, ordered to a third reading, read the third time, and 
passed. 

Mr. QUAY. In the same connection I report from the Com- 
mittee on the Library, a concurrent resolution of the House of 
Representatives bearing- upon the same subject, which I desire 
placed upon its passage. 

The VICE-PRESIDENT. The resolution will be read. 

The Chief Clerk i-cad as follows: 

I^ts:olfid bii the //ouse of I^fprfSfinta'lves {the Senate concurring), That the 
sauction of Congress is hereby p:iven lo the acceptance by the President of 
the United States, from James D. Mctiride, for preservation in the arrliives 
of the executive flepavtment. of one copy of the •• State edition " of a memo- 
rial entitled "The administrators of the United States Goverumeut at the 
beginning of the .second oentnry;" also of one copy of the document enti- 
tled "'The administration of the United .States (Jovernnieut at the begiu- 
ning of the four hundredth anniversary of the discovery of America." 

The resolution was considered by unanimous consent and 
agreed to. 

Mr. QUAY. I am also instructed to ask for the adoption of 
the order which I send to the desk in connection with the same 
subject. 

The order was read and agreed to, as follows: 

Ordered. That the Secretary of the Senate be, and he is hereby, author- 
ized and directed to affix the seal of the United States Senate to the docu- 
ment entitled " The administration of the United States Government at the 
beginning of the four hundredth anniversary of the discovery of America." 

ADMISSION OF NEW MEXICO. 

Mr. CAREY. I am instructed by the Committee on Terri- 
tories to report the bill (H. R. 7130) to enable the people of New 
Mexico to form a constitution and State government, and to be 
admitted into the Union on an equal footing with the original 
States, with amendments, and recommend its passage. 

I am also instructed by the committee to state that it is not 
desired to ask for the consideration of the bill until the ne.-ct 
session of Congress. At an early day in that session I shall ask 
for its consideration. 

Mr. PLATT. I ought to say that this is not a unanimous re- 
port and that I have not been able to bring my mind to assent to 
it. There are various statistics and facts bearing upon the ques- 
tion whether New Mexico is entitled to adinission which I have 
not been able to obtain, and which the committee has not bten 
able to obtain. The Census Otlice and the Commisshoger of Ed- 
ucation are not prepared to furnish us with the d atiPilM ^' H i -h 
we ask. "^~~. 

I therefore ask permission if, on behalf on the minority of the 
c(Tmmittce, I should feel bound to oppose this bill at the next 
session, that I may at the commencement of the session file a 
minority report. 

The VICE-PRESIDENT. Periuission will be granted in tlie 
absence of objection. 

SMITHSONI.4N INSTITUTION REPORTS. 

Mr. HAWLEY. On behalf of the Committee on Printi^^ 
submit two reports upon concurrent resolutions for the ])rinting 
of certain documents, and ask for their pre;ent consideration. 

The VICE-PRESIDENT. The first resolution reported by 
the Senator from Connecticut will be stated. 

The Chief Clerk read the resolution, wliich was submitted by 
Mr. Gibson of Louisiana, July 14, 1892, as follows: 

Jiesotred by tlu Senate [.the House of Eepresentatires concurring). That there 
be printed of the reports of the Smithsonian Institution and of the National 
Museum for the year ending June 30, 1891. in two octavo volumes, 19,l1U0 ex- 
tra copies, of whi'h 3 ikki sliaU be for the use of the Senate. ti.OOO for the use 
of the House of l{i-prHscntatives, ".0(iO copies for the use of the Smithsonian 
Institution, and 3,iA»i for the use of the National Museum. 

Mr. HAWLEY. The comraitteedirectme to report a number 
of amendments, which I iisktho Secretary to read together, that 
they may be acted upon in gross. 

The VICE-PRESIDENT. The Chief Clerk will report the 
resolution as proposed to be amended by the commtttee. 

The Chief Clerk. It is proposed to amend the resolution, 
so as to read: 

Resolred bij tlie Senate (the Honne of Repreacntatices concurring). That there 
be printed of the reports of the Smithsonian Institution and of the National 
Museum for the year ending J une 30, 1891, iu two octavo volumes. lO.UOJ) extra 
copies, of which I,0O0 copies shall be for the use of the Senate. 2. OtW copies for 
the use of the Hotise of Representatives, .5,000 copinsfor the use of the .Smith- 
sonian Institution, and 2. tKJO copies for the use of the National Museum, 

The VICE-PRESIDENT. The question is on agreeing to the 
amendments to the resolution. 
The amendments were agreed to. 
The res..)lution as amended was agree* to. 

YORKTOWN MONUMENT PRESENTATION. 

Mr. HAWLEY. I now ask for the consideration of the other 
concurrent resolution which I reported. 

The resolution was considered by unanimous consent and agreed 
to, as follows: 

Resolccdbij the House of Representatives (the Senate concurring). That there 
be printed 5,000 copies of the proceedings attendant upon the formal presen- 



tation of the monument at Yorktown, Va., of which 1,000 copies shall be for 
the Senate, 2,000 copies for the House, and 2,000 copies (each bound In full 
leather) to be forwarded by the Department of State to the French Govern- 
ment for distribution amon^ the descendants of our B'rench allies partici- 
pating in the operations which resulted in the surrender of the forces of Lord 
Goniwallis at that point. 

REPORT OP MONETARY COMMISSION. 

Mr. M ANDERSON. I am directed by the Committee on Print- 
ing to report favorably, with certain amendments, the concur- 
rent resolution which I send to the desk. 

The VICE-PRESIDENT. The resolution will bo read. 

The Chief Clerk read as follows: 

Resoleedhy the .Senate {tlie Hous^ of Representatires concurring). That there 
bo printed 150,000 copies of the report of the Monetary Commission created 
under the joint resolution of Augtist 15, 1876, being Senate Report No. 70:^. 
s:-coud session Forty-fourth Congress; 30.000 for the use of the Senate and 
40.000 for the use of the House of Representatives, 

The VICE-PRESIDENT. The resolution will be reported as 
proposed to be amended. 

The Chief Clerk. It is proposed to amend the resolution so 
as to read: • 

Ri solved by the Senate (theHouse of Representatives concurring) , Thattlie*cbo 
printed 30.000 copies of the report of the Monetary Commission created tin- 
der the joint resoltitiou of August 15, 1870, being Senate report No. 703, sec- 
ond session Forty-fourth Congress, 10.00;) for the use of the Senate and 20,000 
for the use of the House of Representatives. 

The amendments were agreed to. 

Mr. COCKRELL. Do I understand that it is the report of the 
committee and not the accompanying documents which it is in- 
tended to print? 

i\Ir. MANDERSON. Not the appendices and not the testi- 
mony, but the report proper of the committee, which is rather 
a small volume, for which there is a very great demand, and the 
edition is entirely exhausted. 

The resolution as amended was agreed to. 

BILLS INTRODUCED. 

Mr. .TONES of Arkansas introduced a bill (S. 34G5) to amend 
section 22 of an act entitled "'An act to regulate commerce," ap- 
proved February 4, 1887, and amended March 2, 1889, and to per- 
mit common carriers to allow reduced rates to persons traveling 
on missions of mercy or charity, and to commercial travelers, 
and other persons habitually traveling from point to point on 
any legitimate business; which was read twice by its title, and 
referred to the Committee on Interstate Commerce. 

Mr. McMillan Inti-oduced a bill (S. 3406) to remove the 
charge of desertion against William Cooper; which was read 
twice by its title, and referred to the Committee on Military Af- 
fairs. 

Mr. QUAY introduced a bill (S. 3467) granting a pension to 
.l(}hn W. Bennett; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Pen- 
sions. 

'it^gJDRARY ERECTION OF OVERHEAD WIRES IN THE DISTRICT. 

Mr. McMillan. I introaucea joint resolution, which I ask 
unanimous consent to have immediately considered. 

The joint resolution (S. R. Wf^ giving authority for the erec- 
tion of ovei'head wires for the illumination of tlie city of Wash- 
ington during the encampment of the Grand Army of the Re- 
public during September, 1892, was read the first time by its 
title, and the second time at length, as follows: 

Whereas it is proposed during the approaching reunion of the Grand Army 
of the Republic to make provisions for the stti table illuniinal ion of the streets, 
avenues, and public grounds, which illumination can not be effected unless 
additional overhead wires for electrical purposes are temporarily strung; 
and 

Whereas the Commissioners of the District of Coltimbia are prohibited by 
existing lavr from authorizing any overhead wires for electrical purposes to 
be strung on or over any street or avenue of the said city: Therefore 

lie it resolved by the Senate and House of Represeiiltitin'; of tli" f'nited .States of 
America in Congress assembled. That the "Commissioners .of the District of Co- 
lumbia are hereby authorized to permit the committiie on illumination of 
the citizen's executive committee for theeutertaiuraeiit'of the twent.^-sixth 
national t ii-^auipment of the Grand Army of the Republic to stretch suita- 
ble conductors with suttlcient supports, wherever necessary for the purpose 
of effecting the said illumination; Prodded. Th^t the said 'conductors shall 
not be used for the conveying of electrical currents after September 27, 1893, 
and shall with their supports be fully and entirely removed lrt_>m the streets 
and avenues of the said city of Washington on or before November I, 1892: 
I'rooided further. That the stretching and reinovingof the said wires shall be 
uniler Ihs supervision of the Commissioners of the District of Columbia, 
who shall se? that the provisions of this resolution are enforced; that all 
needful precautions are taken for the protection of the public, and that the 
pavement of any street, avenue, or alley disturbed is replaced in as good con- 
ditic.n as before entering upon thework herein authorized; Prorided. further, 
That no expense or damage on account of, or due to the stretching, opera- 
tion, or removing of the said temporary overhead coudUL-tors shall be in- 
curred by the United States or the District of Columbia. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the joint resolution. 

The joint resolution was reported to the Senate without 
amendment, ordered to be engrossed for a third reading, read 
the tliird time, and passed. 



1892. 



CONGRESSIONAL RECOED— SENATE. 



6553 



desertion from the record of Patrick Larkin, submitted an ad- 
verse report thereon, which was agreed to, and the bill was 
postponecl indefinitely. 

DISTRICT MEDICAL SOCIETY. 

Mr. GALLINGER. On the 12th day of April last a resolu- 
tion was sent to the Committee on the District of Columbia, ask- 
ing that committee to inquire and report "whether the medical 
society in said District admits to its membership colored physi- 
cians or physicians who have been or may be teachers in the 
medical school of Howard University, being in all respects other- 
wise qualified, or makes any distinction in its membership by 
reason of color or official relation to said university. 

The committee have investigated the matter committed to 
them, having taken testimony on both sides. I am instructed to 
make a roport and ask that it be nrinted. 

The VICE-PRESIDENT. It w"ill be so ordered. 

MEDALS TO OFFICERS AND CREW OF THE BALTIMORE. 

Mr. SHERMAN. I am directed by the Committee on Foreign 
Relations, to whom was referi-ed the joint x-esolution (H. Res. 8U), 
authorizing the acceptance of medals presented to the officers 
and crew of the United States steamship Baltimore by the King 
of Sweden, to report it favorably without amendment, and as it 
is an act of courtesy by a friendly power to officers of the Navy 
of the United States, I a^k that the joint resolution be read for 
immediate consideration. 

The joint resolution was read, and, by unanimous consent, the 
Senate, as in Committee of the Whole, proceeded to its consid- 
eration. 

The joint resolution was reported to the Senate without amend- 
ment, ordered to a thii-d reading, read the third time, and passed. 

NICi-RAGUAN M.\RITIME CANAL. 

Mr. SHERMAN. I am directed by the Committee on Foreign 
Relations to report a resolution, and I ask for the action of the 
Senate upon it. 

The resolution was read, as follows: 

Eesolvfd, That the Committee on Foreign Relations is directed to continue 
the Investigation directed by resolution of the Senate of January 7, 1892, in 
respect to the Maritime Canal Company of Nicaragua, during the reces.s of 
the present Congress, with the same powers conferred by said resolution, 
and to report by bill or otherwise ou or before the second Monday of the 
next session of the Senate. 

Mr. COCKRELL. Has the resolution been to the Committee 
on Contingent Expenses? Does it not properly go to that com- 
mittee? 

Mr. SHERMAN. Early in the present session- 

Mr. PADDOCK. Let the resolution be read again. 

Mr. SHERMAN. I think it had better ba read again. It is 
simply to continue the inquiry of the Committee on Poroign 
Relations as to the Nicaragua Canal during the recess, under a 
resolution which was adopted early in the present session, the 
committee concluding not to act upon tho subject during the 
present session. It involves no expense, but it simply gives 
authority for the committee to meet during the recess and to 
make a report at the next session. 

Mr. PADDOCK. It makes no charge on the contingent fund? 

Mr. SHERMAN. It makes no charge on the contingent fund. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the resolution? 

Mr. TURPIE. I think it would be better to consider the reso- 
lution at a later day in the ssssion. 

The VICE-PRESIDENT. Does the Senator from Indiana ob- 
ject to its present consideration? 

Mr. TURPIE. Yes, sir. 

The VICE-PRESIDENT. Objection is made. 

Mr. SHERMAN. Does the Senator from Indiana object? 

The VICE-PRESIDENT. He does. 

Mr. SHERMAN. Then the resolution goes on the Calendar. 

The VICE-PRESIDENT. The resolution will Tje placed on 
the Calendar. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House had dis- 
agreed to the amendments of the Senate to the bill (H. R. 917:;) 
to incorporate the Washington and Great Falls Railway Com- 
pany, agreed to the conference- asked by the Senate on the dis- 
agreeing votes of the two Houses thereon, and had appointed 
Mr. Heard, :Mr. Cobb of Alabama, and Mr. Post managers at 
the conference on the part of the House. 

The message also announced that the House had passed the 
following bills: in which it requested the concurrenoe of the 
Senate: 

A bill (H. R. 6073) to authorize the Postmaster-General to pro- 
vide mail service, and for other purposes; and 

A bill (H. R. 9023) to grant the right of way to the Pensacola I 



Terminal Company through the lands of the naval reservation 
near Pensacola. 

ENROLLED BU^LS SIGNED. 

The message further announced that the Speaker of the House 
had signed the following enrolled bills and joint resolutions; and 
thev were thereupon signed by the Vice-President: 

A bill (H.R. 2370) for the relief of Nathaniid Lang; 

A bill (H. R. 5-146) to provide for thi caro of dependent chil- 
dren in the District of Columbia and to create a board of chil- 
dren's guard ians; 

A bill (H. R. 5997) to amend section 2 of an act approved May 
14, 1880, being "An act for the relief of settlers on public lands; " 

A bill (H. R. 6091) to amend "Anact to authorize the construc- 
tion of a bridge across the Tennessee River at or near Knoxvillo, 
Tenn.,'' approved August 9, 1888; 

A joint resolution (H. Res. 102) requesting the loan of certain 
articles for the World's Columbian Exposition; 

A joint resolution (H. Res. 108) extending the time in which, 
certain street railroads compelled by act of Congress approved 
August 6, 1890, to change their motive powor from horsj-power 
to mechanical power for ono year; and 

A joint resolution (H. Res. 155) to authorize and direct the Sec- 
retary of State to affix the great se^l of the United States to a 
certain document therein stated. 




ROCK CREEK SEWERAGE SYSTEM. 

Mr. McMillan submitted the following resolution: which 
was considered by unanimous consent, and agreed to: 

Jlesolt'ed, That the Engineer Commissioner of the District of Columbia bo, 
and he is hereby, instructed to prepare plans, spacilications. and estimates 
for converting Rock Creek, below the north line of Massachusetts avenue, 
into a closed sewer and filling in between the banks of the creek; also to 
prepare an estimate of the value to the Government of the land reclaimed by 
such work in excess of the probable judgment of condemnation, said report 
to be made at the beginnlcg of the next session of Congress. 

PUBLIC FOREST RESERVATIONS. 

Mr. PADDOCK submitted the following resolution; which was 
referred to the Committee on Printing: 

Hesolnd. That 5,000 copies of the bill S. 3225, entitled " A bill to providofor 
the establishment, protection, and administration of public forest reserva- 
tions, and for oiher purposes." together with the written report of the Com- 
mitteeon Agriculture and Forestry accompanying the same, be printed and 
placed In the document room of the Senate for the use of Senators, 1,000 
copies of which number shall be for distribution by the Committee on Agri- 
culture and Forestrj-. 

RETAIL PRICES AND WAGES. 

-Mr. CARLISLE. I subiLit a resolution, and ask that it be 
read and considered. 

The i-esolution was read, as follows: 

Htsolctd by the Senate. That 16.000 copies of the table showing " Retail 
prices of commodities In England in June, 1889, and .September, 1891." jn-e- 
pared under the direction of a subcommittee of the Oomraittee ou Finance, 
be nrlnted for the use of the Senate as a supplement to Report No. 985 made 
by said Committee on Finance under the Senate resolution of March 3. 1891. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the resolution? The Chair hears none, and tho 
question is on agreeing to the same. 

Mr. SHERMA.N. I ask the indulgence of the Senate to have 
the resolution read again. I did not hear it, but I have no doubt 
it is all right. 

Mr. CARLISLE. I will state to the Senator what it provides 
for, if that will answer as well. Tho subcommittee made in- 
quiry as to the retail prices in England of a large number of ar- 
ticles, something over 200 I believe, on the 1st of June, 1889, 
and on the 1st of September, 1891. The returns were made to 
the committic, and are printed in the large volume which ac- 
companies the report. 

The committee also ascertained the rates of w<iges in England 
in a large number of occupations during that time. The St:itis- 
tician in his report to the sul committee, which is printed as an 
appendi.'c to the committes's report, alludes to both of these tables, 
b It omits to publish the table showing the retail prices, publish- 
ing, however, the table which shows the rates of wages. The ro- 
port as to England is not complete without the publication as a 
supplement to it of the table showing the retail prices as well as 
the table showing the rates of wages. 

I looked over this report in the Statistician's office when it 
was in manuscript, or typewritten rather, and thought at that 
time the table showing the retail prices accompanied it. because 
the sheets were loose and each table was on a separate sh;:ot of 
paper, and when 1 came to the tables in my e.xaraination, of 
course they were laid Vfr one side and not carefully examined. 
But on coming to examine the report in print I find that that 
table is omitted, and I simply ask the Senate to order the .same 
number of that table printed as of tho report itself, 16,000 copies. 

Mr. SHERMAN. I now understand it. I am not a member 
of the subcommittee which reported thesa papers. I have no 
doubt what the Senator from Kentucky says is correct, and that 



6554 



CONGRESSIONAL EECOED— SENATE. 



July 22, 



tlintnhle ou"-ht to bo published; but as the Seuatoi- from Iowa 
TMi- ALUSONJ and the Senator from Rhode Island [Mr. Ar.- 
DRlCHl are not in their seats, I ask the Senator from Kentucky to 
let the resolution be passed over until they come in. I have no 
doubt it will be satisfactory as soon as they come in. 

Mr. M ANDER.SON. I think the resolution should be refei-red 
to Ihe Committee on Printing. 

Mr. CARLISLE. Perhaps it is a matter of no importance, 
but I call the attention of the chairman of the Committee on 
Printing to the fact that the report as printed purports to be 
made in°response to Senate resolution of March 3, 1S92, whereas 
in fact it is in response to Senate resolution passed March y,lSill. 

Mr. MANDERSON. I think, beyond question, that the table 
■which is referred to should bo printed as a part of the report. 
It seems to be a part of the document. The only embarrassment 
there is about the passage of the resolution is the statute, which 
requires that in order to print matter by either House it must 
be within the limit of cost of $50u. I ask the Senator from Ken- 
tucky whether he has made the necessary inquiry to find if this 
could be added to the number of 16,000 copies within the limit 
of $500? . , ^ 

Mr. CARLISLE. The Senate has ordered 10,000 copies of the 
report to be printed. I am not apprised as to the cost of print- 
ing those 10,000. Will the Senator inform me? 

Mr. MANDERSON. It will be, as I recall, $180; within $20 of 
the limit of $500. 

Mr. CARLISLE. That report, as printed, contains one hun- 
dred and twenty pages. This table covers about seven pages. 
I am not able, of course, to state what the cost will be. 

Mr. MANDERSON. If the Senator will refer the resolution 
to the Committee on Printing we can make a speedy report 
upon it. 

Mr. CARLISLE. I have no objection. 

Mr. HARRIS. Let it be referred, and let the Senator from 
Nebraska report it back to-morrow, if possible. 

Mr. MANDERSON. I will try to do so. 

Mr. CARLISLE. It is an important table, and the report will 
be incomplete without it. 

The resolution was referred to the Committee on Printing. 

HOUSE BILL. REFERRED. 

The bill (H. R. 902.3) to grant the riglit of way to thePensacola 
Terminal Company through the lands of the naval reservation 
near Pensacola was read twice by its title, and referred to the 
Committee on Naval Affairs. 

RELATIONS BETWEEN EMPLOYER AND EMPLOYE. 

The VICE-PRESIDENT. The Chair lays before the Senate 
a resolution coming over from a previous day. 

The Chief Clerk. A resolution, by Mr. Peb^feb, instruct- 
ing the Committee on the .ludiciary to make certain inquiries 
in'i'egard to the relations between employer and employe, and 
report the result of the same to the Senate. 

Mr. PEFFER. Mr. President, I desire to make a very brief 
statement of the object find purport of the resolution. I .shall 
not occupy more than live or ten minutes, if I am not inter- 
rupted. 

Mr. GALLINGER. I ask for the reading of the resolution 
before the Senator from Kansas proceeds. 

The VICE-PRESIDENT. The resolution will be read. 

The Chief Clerk read the resolution, submitted by Mr. Peffek 
on the 21st instant, as follows: 

Jieaolvecl by the Senate, That the Comtnittea on the Judiciary be, and it is 
hereby, instructeti to inquire and report— 

Fii'st. Whetlier, iu the present state of thelawasitconcernstherelations 
between employer and emp:oy6, the former enjoys the privilege of determiu- 
in£C aud enforcing the rate or amount of wages to be i^aid to the emjjloy^for 
work and labor t^o be performed. 

Second. Whether, in case the first query Is answered in the affirmative, the 
resulting condition is conducive to the good of society or tends to promote the 
general welfare. 

Third. Whether, in case the second query is answered in the negative. Con- 
gress has jurisdiction over the subject-matter to the extent of providing re- 
medial legislation. 

Fourth, Aud, it the third qitery is .answered in the affirmative, what legisla- 
tion , if any, is necessary to afford proper relief. 

Mr. PEFFER. Mr. President, it is not my purpose to discuss 
the subject-matter involved in the resolution, but simply to make 
a few brief statements cojicerning what is involved in it. 

First, it is projirosed that the Committee on the Jvidiciary shall 
simply examine the state of the law in relation to employer and 
employil. We have what we call the law of landlord and tenant, 
and we have many other double relations iu the law, with which 
all lawyers are familiar. But in this case it is a new relation, 
or rather, it is the presentation of a new phase of an old rela- 
tion that is submitted. 

We have been having labor troubles, as we call them, for a long 
time; but we have been looking in the wrong direction for a so- 
lution of these troubles. The reason of it is that we have been 
accustomed to regard them as a contest between labor and capi- 



tal. That is not the true statement of the situation. Thework- 
ing people of to-day in this country and all other countries have 
no s(n't of objection to the accumulation of projjorty by individ- 
uals 'hrough their own labor and the exertion of their own per- 
sonal efforts. They have no sort of jealoiusy against persons who 
ai-e in the enjoyment of the comforts of this life. What they 
object to is what they regard as a usur]oation upon the part of em- 
jiloyers, a usurpation of the rights of the workmen; and this that 
we "now call " labur trouble" is simply a resistance to that oi> 
pression. It is a contest between two classes of citizens, there- 
fore, the employer and the employe — one made up of a very few 
of the citizens, comparatively, and the other composed of a vast 
m iltitude of the toiling people. 

Under the present siate of the law the employer has the right, 
and he exercises the right— perhaps I ought to use the word 
privilege—he has the privilege, and he exercises the privilege of 
not only detennining the rate and amount of wages to be paid to 
the employe, but he has and 'njoys the privilege of dictating to 
the employe what rate and amount of wages he shall receive and 
accept. This seems to be an erroneous statement of the rela- 
tion, simply becaus:; we have been accustomed to looking at it 
from a different standpoint. It is generally understood and 
agreed that the employer has a right— not simply a privilege but 
a right — to manage his own business in his own way. I do not 
propose to discuss that question, although that is not a truthful 
statement of it. 

In that connection I wish to refer to afew statements made by 
repi'csentative newspaper writers. I gather tliem from Public 
Opinion. They are pai-agraphs from halt a dozen different pa- 
p rs, perhap.-i, and they are marked. I will not take time loread 
them, simply stating what they are. They make the point that 
the employer or manager of any business has a perfect right to 
miinage and conduct his business in his own way to please him- 
s.U, and I shall have them incorporated with my remarks. 
The extracts referred to are as follows: 

[Harper's Weekly (Independent), July 10,] 
It is a diserai e to the nation that the publie discussion of the afl.air by the 
pro.^s and by legislators has complicated and obscured the real question at 
issue. The spirit of the demagogue, who is afraid lest voters or readers be 
made foes if he dare call murder and robbery by their right names, has been 
to. . manifest. The journal or the public man that approves the lawless mob 
of Hcjtnestead or its leaiiers insults Ihe workingmen of the nation by assum- 
ing that they are at heart rt>bbers an'l murderers too. No sympathy can be ■ 
too deep for lal orers and their families who are called to face the loss ot» 
liVfUliood, nor lor mismiided men who, la the sincere belief that Ihey are 
a-serting their own rights, destroy themselves in attacks on the rights of 
others. But personal sympathy with individuals must not affect our Juog- 
mentupon a crisis in which civ-il government and the order of society are at 

[New York Independent (Independent) July It] 

The ra Ileal mistake of the workingmen at Homestead was not in refusing 
to .accept the best terms the comp.auy owning the mills would concede; It 
was not in striking in a body and leaving tlie mills silent at a great daily loss 
to the proprietors; it was in assuming to control j)roperty of which they 
owned not a single dollar's worth; in usurping the right of the legal ownera 
to possess their own proiierty and to use it. It capital were to usurp acorres- 
poudiug right over labor, every right-thinking man would Instantly condemn 
ft. The employ^ has -.i, right to the full control of his own labor. This must 
be maintained "as a tund;tmental principle. Capital has a right to the full 
control of its own property. This, too, is a fundamental principle. When- 
ever either is denied, it is the supremest oIHce of the law to \lndlcate the vio- 
lated right. 

[Boston Journal fRepablican), July 12,] 

The function of the authorities now is not merely to prevent overt acts 
of violence, btu to restore the property which has been jeopardized to its 
rightful owners. Otlier questions will have to wait until this is .settled. 
Until access to the Carnegie works' is free and vmmeuaced, and the rioters 
lay down their arms, it is only mob rule which prevails, even though the 
mob be temporarily quiet. Negotiation, aud, if that bo possible, arbitration, 
must come after, not before, the laws are vindicated. 

[Baltimore Sun (Demo-rat), July 13.] 

A day must come when the militia will have to be wilhdrawn, and theciti 
zen soldier suffered to return to his family .and his accustomed avocations. 
A day will shortly come when the unemployed workman will iind it neces- 
.sary either to reuiove from Homestead and seek work and wages elsewhere, 
or else come to some terms with his former employer. 

[Pittsburg Dispatch (Indeiiendent), July 12.] 

The decision of the wages dispute will tlurs ba left to paciQc methods. In 
these the workingmen ran hope for success from two sources, and only two. 
The lirst is that with the evident sympathy aud aid from labor the whole 
country over, they may ou the one hand be able to maintain their position, 
while the inelispositiou of labor generally to take work in the mills will 
make it dlQlcult to run the works without them. The other possibility, 
though now a remote one, is that which tlio great majority of the public 
would be glad to see, the final reaching of a point where the firm will consent 
to a joint hearing of the case with a view to its compromise, either by con- 
ference or arbitration, 

[New York Press (Republican), July 10.] 

The wrong on the part of the workingmen has been their interference to 
prevent the operation of the works. Under the laws the company has the 
right to do as it pleases with its own property, and no one has any right to 
lirevent it. The same law covers the manufactory that covers the home 
purchased by the workman. The managers of the Homestead works have 
the undoubted right under the law to eniploy whom they please at -n-halever 
rates of wages their employe's are wiUini; to accept. 

[Pittsbm-g Commercial Gazette (Republican), July 13.] 

The only sensible and reasonable cour.so Is for the men to make a complete 
aud Uual surrender of the miU property, leaving its future use and occupancy 
at the disposal of its owners. 



1892. 



CONGRESSIONAL EECOED— SENATE. 



6585 



Mr. WASHBURN. This is not a motion to adjourn. I will 
yield to the Senator from Montana when it is disposed of. 

Mr. SANDERS. All right. 

The VICE-PRESIDENT. The question is on the amendment 
offered by the Senator from New York to the motion made by 
the Senator from Minnesota. The amendment is that when the 
Senate adjourn to-day it be to meet ou Monday next. 

The amendment was rejected. 

The VICE-PRESIDENT. The question recurs on the motion 
made by the Senator from Minnesota, that when the Senate ad- 
journ to-day it be to meet at 11 o'clock to-morrow. 

The motion was not agreed to. 

MARYLAND AND WASHINGTON RAILWAY. 

Mr. SANDERS. I ask unanimous consent to call up the bill 
(H. R. 4667) to incorporate the Maryland and Washington Rail- 
way Company. 

By unanimous consent, the Senate, as in Committr^e of the 
Whole, resumed the consideration of the bill. 

Mr. SANDERS. The bill has been read and there was an 
amendment pending to it offered by myself. The Senator from 
Tennessee [Mr.H.VRRls] who has charge of the bill signified the 
other day his willingness, if I would withdraw the amendment 
which I had presented, to himself propose another amendment. 
With that action I will be content if I can have leave to with- 
draw the amendment which I offered. 

Mr. HARRIS. My Sjuggestion was that I would not object to 
it, but I will offer the amendment. I believe I have a memoran- 
dum of it here. It is to that part which limits the issuance of 
stock, that it shall be so modified as to provide that no greater 
amount of stock shall be issued than the actual cost of construc- 
tion, equipment, and procuring the right of way. 

The VICE-PRESIDENT. The amendment proposed by the 
Senator from Montana is withdrawn. The amendment moved 
by the Senator from Tennessee will be stated. 

The Secretary. In section 12, line 2. strike out the word 
'•and'" and insert "the" before the word "amount:" after the 
word "amount" strike out "not to e.x^ceed 10 per cent;" and in 
lino 3. strike out "over the" and insert "of the actual:" so as 
to read: 

Sec. 12. That the said company is hereby authorized to issue its capital 
stock to the amount of the actual cost of construction, equipment, aud pur- 
chase of right of way and ground necessary for its i^roper working. 

Mr. HAWLEY. I should like to add to the provision these 
words: 

Which sum shall first be ascertained and authorized upon petition therefor 
to the supreme court of the District of Columbia, imder such rules and reg- 
ulations as the chief justice and judges thereof shall prescribe, efflcieht to 
limit the stock of such corporation in the aggregate to the actual necessary 
cost thereof, and 10 per cent added. 

Mr. HARRIS. I have no objection to the amendment being 
incorporated here and now, but I will state to the Senator that 
precisely the question involved was considered by a conference 
committee of the two Houses this evening, and with some slight 
modifications of phraseology the principle was incorporated" by 
the unanimous action of the conference committee. This clause 
being amended, it will go to conference and the subject-matter 
will be considered. I have no objection, however, to the Sena- 
tor's amendment. 

Mr. COCKRELL. The words ' ' and 10 per cent added," should 
not be in. 

Mr. HARRIS. No. not 10 percent added. 

Mr. CHANDLER. ' That has been left out. 

The VICE-PRESIDENT. The amendment to the amendment 
will be stated. 

Mr. HAWLEY. I have read it. After the word " working," 
in line 4 of section 12, add what I have read. 

Mr. FRYE. I should like an executive session. We might 
have one while the Senators are arranging the amendment. 

Mr. HAWLEY. The Senator from Tennessee informs me that 
substantially this amendment is already contained in a proposed 
act, or do I understand that it will be done in conference':' 

Mr. HARRIS. Not in this bill, but the principle will be in- 
serted when it goes into conference just as we have agreed to it 
in another bill. 

Mr. HAWLEY. On the assurance that this is likely to be 
done, or is certain to be done, as has just been don'e in a previous 
conference, I will withdraw the amendment. 

The VICE-PRESIDENT. The amendment to the amendment 
is withdrawn. The question is on agreaing to the amendment 
of the Senator from Tennessee [Mr. Harris]. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 



The amendment was ordered to be engrossed and the bill to 
be read a third time. 

The bill was read the third time, and passed. 

Mr. HARRIS. I move that the Senate request a conference 
with House of Representatives on the bill and amendment. 

The motion was agreed to. 

By unanimous consent, the Vice-President was authorized 
appoint the conferees on the part of the Senate, and Mr. Hab 
Mr. McMillan, and Mr. Perkins were appointed. 

EL RENO, OKLA. 

Mr. CAREY. I ask unanimous consent for the present consid- 
eration of Order of Business 5.54. Senate bill 2S.'!il. 

The VICE-PRESIDENT. The title of the bill will bo stated. 

The Secretary. A bill (S. 2S:«1) for the relief of the inhabi- 
tants of the town of El Reno, Okla. 

Mr. BERRY. I object to taking up the bill at this hour of the 
evening. 

The VICE-PRESIDENT. Objection is made; and the ques- 
tion recurs on the motion of the Senator from Maine ( Mr. Fkye] 
that the Senate proceed to the consideration of executive bu-i- 
ness. 

Mr. HISCOCK. I wish the Senator from Maine would yield 
to me to call up a bill. 

Mr. FRYE. If I yield to anyone I must yield to the Senator 
from Nebraska [Mr. PaddockJ. who came to me some time ago 
and made a similar request. 

fort RANDALL MILITARY RESERVATION. 

Mr. PADDOCK. I ask unanimous consent of the Senate for 
the consideration of a bill which is of local concern. 

Mr. FRYE. I yield to the Senator from Nebraska. 

Mr. PADDOCK. That is very kind of the Senator. I ask 
unanimous consent for the present'consideration of Order of Busi- 
ness 805, being Senate bill 2931, in relation to a matter in my 
own State, which is approved by the Secretary of the Interior 
and the Secretary of War. and carries the unanimous r -port of 
the Committee on Public Lands in its favor. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill (S. 2931) to provide for 
the survey and transfer of that part of the Fort Randall military 
reservation in the State of Nebraska to said State for schoo'l 
purposes. 

The bill was reported from the Committee on Public Lauds 
with an amendment to strike out all after the enacting clause 
and insert: 

That the odd-numbered sections in the portion of the Fort Randall mili- 
tary reservatiou situated in the State of Nebraska, after the same shall have 
been surveyed as herein provided, may be selected by the State of Nebraska 
at any time within one year after the tiling of the oillcl:il plats of survey in 
the district land oftlce as a part of the lands granted to said State as school 
indemnity tor school lands lost in place under the provislous of "Au act to 
provide for the admission of the State of Nebraska into the Uuien," ap- 
proved February D, 1867: J'roviiled. That no existing lawful rights under any 
of the Land haws of the United States providing for the disposition of the 
public lauds shall be prejudired by this act: And proi'ii/ed fiirthn: That said 
lands shall be accepted by said State of Nebraska In full s'atisfaction of law- 
ful claims now existing, or that may hereafter arise, for school-land indem- 
nity for a corresponding number of acres, upon assignment of the bases of 
theclalmsby description and selection in accordance with the regulations 
of the Interior Department within the period of limitation aforesaid; such 
selections to be equally distributed, so far as practicable, among the several 
townships. 

Sec. 2. That the even-numbered sections, and all of the odd-numbered sec- 
tions in said reservation not selected under the pro\-isions of section 1 of 
this act, shall be open to settlement under the homestead law only. 

Sec. 3. That the Secretary of the Interior be. and is liereby. authorized and 
directed to cause the lauds embraced in that part of the said military reser- 
vation of Fort Randall in the State of Nebraska to be regularly surv'eyed by 
an extension of the public surveys over the tmsurveyed pbrtious of the same. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment wa.s concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

On motion of Mr. PADDOCK, the title was amended so as to 
read: "A bill to provide for the survey and transfer of that part 
of the Fort Randall military reservation in the State of Nebraska 
to said Statefor school and other purposes."' 

IMMIGRATION AND CONTR.\CT LABOR LAWS. 

INIr. CHANDLER. I ask unanimous consent of the Senate for 
the present conside'ration of Senate bill 3240, Calendar No. S20. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill (S. 3240) to facilitate the 
enforcement of the immigration and contract labor laws of the 
United States. 

The Secretary proceeded to read the bill. 

Mr. CHANDLER. In line 8. of section 2. I move to strike out 
the words "oath or affirmation '' and insert the word " declii'a- 



6586 



CONGRESSIONAL RECORD— SENATE. 



July 22, 



tioD.:'' and in line 9, after the word "or," to insert the word 
"of."" 

The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. In section 2, line S, after the words "and 
the," it is proposed to strike out "oath or affirmation" and in- 
sert " declaration ; " and in lino 0, after the word " or," to insert 
the word " of ; " so as to read: 

Each list or manifest shall be veilBed by the signature and the declaration 
or the master or commanding officer or of the officer next below him in com- 
mand, etc. 

Mr. GORMAN. This is probably a proper bill, but I suggest 
to the Senator that at this hour of the evening, and with a thin 
Senate, it is hardly right to consider such a bill. 

Mr. CHANDLER. If the Senator will allow me, I will state 
that this bill, although of some importance, is not a bill which 
involves any difference of opinion either in the House or Senate. 
It is unanimously agreed to by the Senate Committee on Immi- 
gration and by the House Committee on Immigration. Under 
those circumstances I hope the Senator will allow the bill to jiass. 
It has been carefully examined by every member of the Senate 
committee and by every member of the House committee. It is 
a carefully prepared bill, which involves no controversy what- 
ever with anyone as to anything in it. 

Mr. HAwLeY. It occurs to me to ask whether the bill has 
been submitted to the commissioners of immigration or the 
owners of the great ships who are familiar with the subject; for, 
as I heard the long list of questions read, I could not help think- 
ing how, by whom, and at what expenditure of time these ques- 
tions should all ba answered and these blanks all tilled? I think 
some of the vessels would have to wait two or three weeks be- 
fore they could g'et started. 

Mr. CHANDLER. I desire to say to the Senator from Con- 
necticut that the bill has been submitted to the steamship own- 
ers to whom he refers, and they have not made strenuous oppo- 
sition to it. If, as the Senator says, it will take three or four 
weeks for them to make suthcient examination of a dozen immi- 
grants to get started, I should like to ask him how long it will 
tako-us to examine them after they get over here. We exam- 
ine live thousand in one day: and the Senator seems to think 
that it will take three weeks for them to get on board the ship. 

Mr. HAWLEY. I am not making any special fight against 
the bill. 

Mr. CHANDLER. I do not understand that the Senator is. 

Mr. HAWLEY. Who fills out the blanks? 

Mr. CHANDLER. The steamship companies are to bring a 
manifest of their passengers, just as they bring a manifest of 
their merchandise. 

Mr. HAWLEY. With all these questions to be answered? 

Mr. CHANDLER. They are to answer them, and the clerks 
on the docks will fill up the blanks. When the blanks are filled 
up, not more than thirty names on a blank, they are taken on 
board and the passengers go over them, and when the ship 
reaches the dock the papers are handed to the inspectors. It is 
the simplest process in the world. There is no difficulty in con- 
forming to it; and, as I say, the steamship owners, while they do 
not care to do this, have made no strenuous opposition to it. 

Mr. HAWLEY. The idea is a correct one. Looking at this 
matter some time ago, I thought it probably could be done by 
our consuls, and then we could be certain of the thoroughness 
of the returns they made. Of course that will involve some ex- 
penditure. I do not see why a consul, who takes great pains to 
examine and certify to a bUl of lading-, would not take as much 
pains with this. 

The VICE-PRESIDENT. Is there objection to the consider- 
ation of the bill? 

Mr. CHANDLER. I no not understand that the Senator from 
Maryland [Mr. Gorman] objects. 

Jlr. HAWLEY. I make no objection. 

Mr. GORMAN. I did not make a formal objection, but I saw 
that there was not a member of the committee on this side of 
the Chamber present, and at this hour of the evening I thought 
it was hardly proper to consider so important a bill. 

Mr. CHANDLER. I make the suggestion that, if the Sena- 
tor will allow the bill to be read through and allow one or two 
amendments to be adopted, I shall not ask to have the bill passed 
to-night. 

Mr. GORMAN. I make no objection to that course being pnv- 
sued. 

The VICE-PRESIDENT. The question is on the amendment 
jn'oposed by the Senator from New Hamp.^hiro [Mr. Chandler], 
which has been read. 

The amendment was agreed to. 

The reading of the bill was resumed. 

Mr. CHANDLER. In section 2, line 9, I move to strike out 
the word " next " and insert "first or second;" and strike out the 
words ■' taken before " and insert the words " attested by." 



The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. In section 2, lino 9, after the word "of- 
ficer," it is proposed to strike out "next" and insert "first or 
second;" and in the same line, alter the word " command," to 
strike out "taken befoi'c" and insert "attested by;" so as to 
read : 

Each list or manifest shall be verified by the signature and the declaration 
of the master or commanding officer or of the officer tirst or second below 
him in command, attested by the United States consul or consular agent at 
the port of departure, before the sailing of said vessel. 

The amendment was agreed to. 

The reading of the bill was res\imed. 

Mr. CHANDLER. In section ;], line ;!, after the word " make," 
I move to strike out "oath or affirmation " and insert " declara- 
tion:" so as to read, "and make declaration in like manner bo- 
fore said consul or consular agent." 

The amendment was agreed to. 

The I'cading of the bill was resumed. 

Mr. CHANDLER. In section 8, line 5, before the word ' ■ kept," 
I move to strike out the words " placed, and " and insert " fur- 
nished to be;" and also inline 11, to strike out the word "placed" 
and insert " to be exposed to view." 

The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. Insection 8, line 5. before the word " kept," 
it is proposed to strike out "placed, and " and insert "furnished 
to be;" and in line 11, strike out the word "placed" and insert 
"to be exposed to view;" so as to read: 

Sec. 8. That all steamship or transportation companies, and other own- 
ers of vessels, regularly engaged in transporting alien immigrants to the 
United .States, shall twice a year' tile a certificate with the Secretary of the 
Treasury that they have furnished to be kept conspicuously exposed to view 
iu the office of each of their agents in foreign countries authorized to sell 
emigrant ticljets, a copy of the law of March 3, 18i>l, and of all subsequent 
laws of this country relative to immigration, printed in large letters, iu the 
language of the cotintry where the copy of the law is to be exposed to view, 
and that they have instructed their agents to call the attention thereto of 
persons contemplating emigration before selling tickets to them, etc. 

The amendment was agreed to. 
The reading of the bill was resumed. 
Mr. CHANDLER. I move to strike out section 9. 
The VICE-PRESIDENT. The amendment will be stated. 
The Secretary. It is proposed to strike out section. 9. as 
follows: 

Sec. 9. That the temporary removal of alien immigrants prior to exam- 
ination, provided for in section 8 of the act of March 3, 1891, shall be nutde 
in all oases of arrivals ,at the i)ort of New York where the number of im- 
migrants upon one vessel exceedsoue hundred and fifty; and it shall be dis- 
cretionary with the Commissioner of Immigration to examine a smaller 
number of immigrants on board the vessel. 

The amendment was agreed to. 

The reading of the bill was resumed. 

Mr. CHANDLER. In section 10, line 1, after the words " after 
the," I move to strike out "30th day of .June, 1S92," and insert 
"1st day of January, 18!)li." 

The VICE-PRESIDENT. The amendment will bs stated. 

The Secretary'. In section 10, line 1, after the word " the," 
it is proposed to strike out ";il)th day of .lune, 1892," and insert 
" 1st day of January, 1893; " so as to read: 

Sec. 10. That after the 1st day of January, 1893, all exclusive privileges of 
exchanging money, transijortiug i^assengers or baggage, or keeping eating 
house.s. and another like privileges in coimectlon with the Ellis Island im- 
migrant station, shall be disposed of after public competition. sub,1ect to 
such conditions and limitations as the Secretary of the Treasury may pre- 
scribe. 

The amendment was ag-reed to. 

The reading of the bill was resumed. 

Mr. CHANDLER. In section 11 . line 3, before the word " days," 
I move to strike out " thirty " and insert " sixty." 

The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. In section 11, line 3, before the word " days," 
it is proposed to strike out " thirty" and insert "sixty;" so aato 
make the section read: 

Sec. 11. That this act shall not apply to Chinese persons, and shall take 
effect as to vessels departing from foreign ports for ports within the United 
States aftL'r thirty days from the passage of this act. 

The amendment was agreed to. 

The VICE-PRESIDENT. The reading of the bill isconcluded. 
The question recurs on the motion submitted by the Senator from 
Main 3 [Mr. Frye] that the Senate proceed to the consideration 
of executive business. 

Mr. CH.\NDLER. I ask the Senator from Maryland if he 
would prefer not to have this bill acted on to-night? 

Mr. GORMAN. I think it had better go over, under the cir- 
cumstances. 

Mr. CHANDLER. What will be the position of the bill? 

The VICE-PRESIDENT. The bill will be returned to the 
Calendar without prejudice. 

JAMES SMITH. 

Mr. DUBOIS. I ask the Senator from Maine to yield to me 



1892. 



CONGRESSIONAL RECOED— SENATE. 



6661 



The PRESIDING OFFICER. The Chair does not understand 
whether the suggestion of the Senator from New York contem- 
plates taking up of the pending bill immediately after the read- 
ing of the Journal or not. 

Sir. HISCOOK. My suggestion was that after the conclusion 
of the Senator's remarks we may then proceed with the business 
that we ai-e accustomed to transact in the morning hour, by 
\mauimous consent, or go to the Calendar, or anything else. 

Mr. GEORGE. I shall ba very much obliged to the Senate if 
it makes that kind of an arrangement. 

Mr. CULLOM. The reason for the request is on account of 
the heat later in the day, I understand. 

Mr. GEORGE. Yes, owing to the state of my health. 

Mr. WASHBURN. I give notice that immediately after the 
routine business on Monday I shall move to take up the bill with- 
out any reference to the morning hour. 

Mr. MITCHELL. I think unanimous consent should be given 
to the request of the Senator from Mississippi, without reference 
to the order of business in the morning hour. 

The PRESIDING OFFICER. The Chair does not understand 
what the pending request is. 

Mr. GEORGE. The pending request now, as amended by the 
suggestion of the Senator from New York (and I take his sug- 
gestion and amend my request in that way), is that immediately 
after the reading of tlie Journal on INIonday morning the bill be 
taken up with a view of allowing me to address the Senate upon 
it, and after that 

The PRESIDING OFFICER. The Chair understood that to 
be the modified request, but also understood that objection was 
made to it. 

Mr. CAREY. I did not object. 

Mr. PUGH. There was no objection made. 

The PRESIDING OFFICER. The Chair will state the re- 
quest again. The request of the Senator from Mississippi is 
that the jcnding bill be taken up on Monday morning imme- 
diately after the reading of tlie Journal. Is there objection':' 

Mr. HISCOCK. And at the close of his remarks the morning 
hour will commence. 

The PRESIDING OFFICER. And at the close of the remarks 
of the Senator from Mississippi the routine business may be re- 
ceived. 

Mr. WASHBURN. Yes, the routine business, and after the 
routine business I shall move to proceed to the consideration of 
the pending bill. 

The PRESIDING OFFICER. After the routine business the 
pending bill will bo the unfinished business. 

Mr. PLATT. No, that is not agi'eed to. 

Mr. CULLOM. Let the request of the Senator from Missis- 
sippi be put by itself. 

Mr. PLATT. The Senator from Minnesota gives notice that 
after the routine business has been completed he will move to 
continue the consideration of this bill, but there are numerous 
Senators here who want to get some time Monday for the busi- 
ness which is usually done in the morning hour. 

Mr. CAREY. I wish to make this request to the Senate, that 
on Tuesday we take up the Calendar before 2 o'clock, after the 
routine business, and proceed with the Calendar from day to 
day until we have gone through with it. There are a number 
of bills on the Calendar 

The PRESIDING OFFICER. The Chair will first submit the 
pending request. The request now is that the bill be taken up 
immediately after the reading of the Journal on Monday, and 
that the routine business be resumed after the remarks of the 
Senator from Mississippi. 

Mr. COCIvRELL. For the usual time. 

The PRESIDING OFFICER. For the usual time, during the 
morning hour. 

Mr. COCKRELL. I hope that will be agreed to. 

The PRESIDING OFFICER. Is there objection'? The Chair 
hears none, and it is so ordered. 

Mr. CAREY. I ask unanimous consent (though it docs not 
appear to be necessary, as it is the rule) that we proceed to the 
Calendar on Tuesday and each day thereafter, to bo interfered 
with by appropriation bills only, until we have gone through 
with the Calendar under Rule VIII. That will only take up the 
time imtil '2 o'clock. 

Mr. WASHBURN. I give notice that every day after the 
routine business, until Congress adjourns or this bill is acted 
upon, I shall move to take it up for consideration, i 

The PRESIDING OFFICER. The Chair understands the re- 
quest suggested by the Senator from Wyoming to be now the 
rule of the Senate, and that after the morning business the Cal- 
endar is in order until 2 o'clock. 

Mr. CAREY. I am a young member of this body, and I dis- 
like very much to object to bills when thoy arc called up, but 
they run in on unanimous consent, and we can not consider the 



bills on the Calendar regularly. Two or three days ago we con- 
sidered every House bill that was reported up to the 20th of this 
month, and it will not probably take over two or three liours to 
go through the Calendar and pass the bills on it that are unob- 
jected to. 

Mr. CULLOM. The Senate bills'? 

Mr. CAREY. The Senate bills. It seems to me that we have 
done a very kind thing to the House bills, and I do not see why 
a little kindness should not be meted out to members of this body 
who are interested in getting the Senate bills olT the Calendar. 

Mr. COCKRELL. Let me suggest to thi; Senator from Wyo- 
ming that what he asks is now the rule and order of the Senate; 
that as soon as the routine morning business is concluded the 
presentation of petitions, making of reports, introduction of 
bills, and so on. the Calendar is in order, to be taken up at the 
point reached when it was last under consideration. Now. all 
the Senator has to do is to insist upon that lule behig enforced 
and to give notice of it. I have be.-n trying to get it enforced 
for a long time, and I am glad that I am going to find some help 
now. 

Mr. CAREY. If I had olijected to the roqueit for unanimous 
consjnt by any Senator it would have been looked upon as a 
very discourteous thing, and I want now in some way or other 
to yet the consent of this body so that we shall not be compelled 
to ob'ect and do a diicourti'ons thing. 

The PRESIDING OPFICEK. The Cliair understands that 
the request of the Senator from Wyoming is merely that tho 
rule of tho Senate shall be observed. 

Mr. WASHBURN, I do not want any unanimous consent — 
that is understood — that will dc)U'ive m ■ of moving at any time 
to pioceod to the consideration of the pending bill. 

MESSAGE FROM THE HOUSE. 

A message from tho House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House had agreed 
to the report of the committee of confereni'o on the disagreeing 
votes of the two Houses on the amendments of the Senate to the 
bill (H, R, 9284) making appropriations to sujiply deficiencies in 
the appropriations for the fiscal year ending ,Tune 30, liSil2, and 
for i)rior years, and for other purposes, insisted upon its disa- 
greement to the amendments numbered 18, 44, and 100, had re- 
ceded from its disagreement to the amendment of the Senate to tho 
bill numbered 110 and agreed to the same; and had receded from 
its disagreement to tho amendment numbered 78, and agr^eJ to 
the same with an amendment, in which it requested the con- 
currence of the Senate, agreed to conference asked for by the 
Senate on the disagreeing votes of the two Houses thereon, and 
had appointed Mr. S.\yeks. Mr. Holman, and Mr. Dingley, 
managers at the conference on the part of tho Hous?. 

The message also announced that the House had agreed to 
the report of the committee of conference on tho disagreeing 
votes of the two Houses on the amendments of the Senate to the 
bill (H. R, 9172) to incorporate the Washington and Great Falls 
Electric Railway Company. 

The message further announced that the House had agreed to 
the report of the committee of conference on the disagreeing 
votes of the two Houses on the amendment of the House to the 
bill (S. 1498) for the establishment of additional aids to naviga- 
tion in Tampa Bay, Florida. 

The message also announced that the House had passed the 
joint resolution (S. R. 103) granting authority for the erection 
of overhead wires for the illumination of the city of Washington 
during the encampment of tho Grand Army of the Republic dur- 
ing September, 1892. 

WASHINGTON AND GREAT FALLS ELECTRIC RAILWAY COM; 



PANY. 



/ ' 



Mr. McMillan submitted the following report: 

Tlie committee of conference on the disagreeinK; votes of tho two Houses 
on the .Tmendments of the Senate to the biU (H. K. 9172) ,an act to incorporate 
the Washington and Great Falls Electric Railway Company, having met, 
after full and free conference have agreed to recommend and do recommend 
to their respective Houses as follows: 

That the House recede from its disagreement to the first amendment of 
the Senate and agree to the same as amende I by inserting, after the words 
■■granite blocks," the words ■'or vitriBcd brick;" and the .SenaH; agree to 
the same. 

That the House recede from its disagreement to the amendments of the 
Senate numbered 2, 3, -1, .and 5. That the House recede from its disagreement 
to the sixth amendment of the Senate and agree to the sanu; amended to 
read as follows; •■Respecting railways par;illel to the Conduit ro;ul and 
affecting the s;ime. whether in the District of Columbia or in Maryland;" 
and the'Senate agree to the same. 

That the House recede from its disagreement to the amendments of the 
Senate numbered 7. 8, d, 10, and 11. and agree to the same. 

That the House recede from Its disagreement to the twelfth amendment of 
the Senate and agree to the same amended to read as follows: Page (i, line 
I, after ■■acceptance," insert "in writing ;" also, in line 27. siriUe out ■■in- 
terest'' and insert •■interests: " and that the Senate agree to the same." 

That the House recede from its disagreement to the ameudmeuts of the Sen- 
ate numbered 13, 14, 15, 16, 17. and 18, and agree to the .same. 



6662 



CONGEESSIONAL EECOED— SENATE. 



July 23, 



Ti'.at tho House recede from Its disagreement to the nineteenth amenflment 
of tiio S(^natL\ and as^ree to tho same amended as follows: Page 7. line 4, 
strike out "or across'the Conduit road: " page 9, strike out "and be." in line 
II. aiiil all of liue 1:-: ajul that the Senate agree to the same. 

TlKit thi- Uou.se recede from its disagreement to the twentieth amendment 
of th'> Hcnato and aj^ree to tho same amended as follows: After " cost of " 
insert the words " right of way. construction, equipment, statiou-hotises and 
other iniildiugs nei'es.sary to the operation of;" and the Senate agree to the 
saiue. 

'rii;it the House recede from its disagreement to the amendments of tlie 
Scuaic utimbered 21, 22. 23, and 21, and agree to the same. 

Thai the House recede from its disagreement to tho twenty-fifth amend- 
mi nt ot the .Senate and agree to the same amended as follows: After the 
wor.i " annulled." in said anaendment. add : " Provided, That if in the course 
of tho construction and equipment of such railroad it should appear th:it 
the aiuount of stock authorized as provided herein should not be sufflcient 
lor tho purposes desired, the said court may upon further petition and hear- 
ing authorize the issuing of such further stoclt as in its judgment may be 
deemed necessar.v to carry out the pm'po.ses of this act: And provided further, 
That stich stock or bonds may be issued as the work progresses." 

Tiiat the House recede from its disagreement to the twenty-sixth amend- 
ment of the Senate and agree to the same amended as follows: Page 12, liue 
5, strike out "ten" and insert " fifty; "also on i^age 14. line 24. after "con- 
struction " Insert "nor shall it cross any steam railroal at grade." 

JAMliS MCMILLAN. 
B. W. PERKINS. 
ISHAM U. HARRIS. 
, Muiuigers on lite jrirf of the Senate. 
JOHN T. HEARD, 
J. E. COBB. 
P. S. POST. 
Manetfjers on the part of the House. 
Tho foporfc \7as concurred in. 

PUBLIC BUILDING AT BUFFALO, N. Y. 

Mr. HISCOCK. I ask unanimou.s consent to call up for pres- 
ent consideration the bill (S.3463) to fix the limit ot cost of the 
United States post-office building- at Buffalo. N. Y. 

Mr. FELTON. Will it create any discussion'? 

Mr. HISCOUK. No, it will not create any di.scussion. 

Tiie PRESIDING OFFICER. Is there objection to the re- 
quest of tho Senator from New York? 

Mr. COCKRELL. What is tho Order of Business? 

Mr. HISCOCK. Ten hundred and sixty-nine. Tho bill does 
not carry any approiu'iation, or anything of that kind. 

By unanimous consent, the Senate, as in Committee of the 
Wliole, proceeded to consider the hill. 

Tlio bill was reported to the Senate without amendment, or- 
dered to a third reading, read tho third time, and passed. 

GEN. CULLUM'S WEST POINT MEMORIAL. 

Mr. HAWLEY. I bsg the Senate to take up a formal joint 
resolution making a frrateful acknowledgement of the magnifi- 
cent bequest of Gen. Cullum. It was suggested by the President 
in a brief message, and approved unanimously by the Committee 
on Military Affairs. It is a short resolution. 

The PRESIDING Ol^FICER. The joint resolution will bo 
read subject to objection. 

The joint resolution (S. R. 103) relating to bequests made by 
the late Gen. Cullum was read, as follows: 

Resolved, etc.. That the Government of the Umted States makes grateful 
ackuowledgemeut of the generous bequests to the Government and to the 
Academic Board of the United States Military Academy, contained in the 
will ot the late Bvt. Maj. Gen. George W. Cullum. amounting to more than 
$30(1,0110. to be devoted to a memorial hall aud the purchase of statues, paint- 
ings, tablets, and trophies appropriate thereto, .and to the decennial publica- 
tion of a biographical register of the offlcers and graduates of the Academy. 
No nobler monument can be erected to the memor.y of that true and gallant 
soldier and gentleman. 

There being no objection, the Senate, as in Committee of the 
Wliole, proceeded to consider the joint resolution. 

Mr. COCKRELL. I should like to ask the Senator if it would 
not be better in referring to this decennial publication to refer 
to it by the title that Gen. Cullum mentions in his will? 

Mr. HAWLEY. CuUums Biographical Register. I think 
that is the title. 

Mr. COCKRELL. I have the title here in the report. Ithink 
that would be a gi-ateful ri>coguition, ashedesiresit tobe named. 

Mr. HAWLEY. Very good: that is all right; put in the words. 

Mr. COCKRELL. In line 10. after the word -'of," I move to 
strikeout"a" andinsert " Gen. CuUum's;'' after the word "the," 
at tlie end of line 11, to insert "United States Military,'' and 
after '•Academy, in line 12, to insert "at West Point, N. Y.:" so 
as to read: 

Tablets aud trophies appropriated thereto, and to the decennial publica- 
tion of Gen. CuUum's Biographical Register of the olBeers aud graduates of 
the United .States Military Academy at West Point. N. Y. 

The amendment was agreed to. 

The joint resolution was reported to the Senate as amended, 
tand the amendment was concurred in. 

sThe joint resolution was ordered to be engrossed for a third 
reMiiig, read the third time, and pass3d. 

EXTENSION OF NORTH CAPITOL STREET. 
Mr. MCMILLAN. I ask unanimous consent to call up the bill 
(S. 2G37) to extend North Ca])itol street to the Soldiers' Home 
Mr. COCKRELL. What is the Calendar number? 



Mr. McMillan. No. 687. It was paiised over tho olhor day, 
just to find out something about tha cemetery business. It has 



That bill is away back on the Calendar. 
It is a short bill, and will take but a mo- 



all been fixed. 

Mr. COCKRELL. 

Mr. MCMILLAN, 
ment. 

Mr. COCKRELL. I think the Senator ought to remember 
very distinctly that that bill met with very tericus opposition 
on the part of my colleague. 

Mr. MCMILLAN. Let me explain to tho Senator 

l\Ir. COCKRELL. I can not consent to have the bill taken up 
unless my colleague is hei'e. 

Mr. McMillan. The senator's colleague has given his a .- 
sent to the measure in the -form which it now is, and so has tho 
Senator from Connecticut [Mr. Hawley]. and so have the trus- 
tees. It has all b;en fixed, and is satisfactory to them. 

Tho PRESIDING OFFICER. The Chair will slate to the 
Senator from Michigan that when the bill was before tho Senat ; 
on a previous occasion sundry am jndmt'Uts were adopted, and 
the clerks find it difficult to adjust the amendments which ho 
now ))roposes to those amendments. 

Mr. McMillan. I move to reconsider the action of the Sen- 
ate agreeing to the amendments heretofore. 

The PRESIDING OFFICER. Without objection, the amend- 
ments will be reconsidered. 

Mr. McMillan. I win state that the bill as it is now pro- 
posed is entirely satisfactoi'y to the cemetei'y people, to the Sen- 
ator from Missouri [Mr. Vest], and the Senator from Connscti- 
cut [Mr. Hawley], who objected to it. "' 

The PRESIDING OFFICER. Unless there be objection, the 
amendments already adopted will be reconsidered, and the amend- 
ments now proposed by the Senator fi-om Michigan will be stated. 

Mr. COCKRELL. Now let the amendments be proposed with 
the text standing in the bill. My colleague is not here. He was 
here a moment ago. 

The PRESIDING OFFICER. The amendments are recon- 
sidered without objection. 

Mr. COCKRELL. With the understanding and the assurance, 
as a matter of course, that if it is not entirely satisfactory to my 
colleague a motion will be made to reconsider the action of the 
Senate. 

Mr. McMillan. I have his positive assurance that it is sat- 
isfactory to him in the form in which it will be presented. 

Mr. COCKRELL. I do not dispute that, but I sLmj^ly want to 
reserve to my colleague the right to reconsider should he not 
be satisfied. 

Mr. Vest entered the Chamber. 

Mr. COCKRELL. My colleague is now present. 

The PRESIDING OFFICER. The bill will first bo read in 
its original form. 

The Secretary read the bill: and the Senate, as in Committee 
of the Whole, nroceeded to its consideration. 

The PRESIDING OFFICER. The amendments now sub- 
mitted by the Senator from Michigan ^vill be stated in their 
order. 

The Secretary. In line 4, before the word "gi>ade,'' insert 
the words "open and;" in line (i, after the word "condemn,'' 
strike out the words "any land not donated that " and insart 
"in the manner provided by law for the condemnation of land 
in the District of Columbia, such of the lands ot the Prospect 
Hill Cemetery and of Annie E. Barbour as;" in line 10, bjfore 
the word "street," strike out " this " and insert " said: " and in 
the same line, after the word " street." strike out "and the sum 
of $25,0110 is hei'eby appropriated for the same " and insert "and 
to carry otit the provisions of this act the amount of money nec- 
essary to pay the judgment of condemnation, the cost of grading, 
and the cost of building a retaining wall along the line of the 
land of said cemetery, if in the judgment of the said Commis- 
sioners such a wall shall be deemed necessary, is hereby api^ro- 
priated out of any moneys in the Ti-easui-y not otherwise appro- 
priated; '' so as to make the bill read: 

Be it enncted, etc., Thatthe Commissioners of the District of Columbia are 
hereby directed to open and grade North Capitol street from T street to the 
Soldiers' Home, and are hereby authorized and dii'ected to condemn, in the 
manuer provided by law tor the condemnation of land in the District ot Co- 
lumbia, such lands of the ProspectUillCeraetery and of Annie E.Barboiu'as 
may be necessary for the extension of said street, and to carry out the pro- 
visions of this act the amount of money necessary to pay the judgment of 
condemnation, the cost of gradiug. and "the cost of'buildliig a retaining wall 
along the land ot said cemetery. It in t'ue judgment ot the said Commission- 
ers such a wall shaU be deemed necessary, is hereby appropriated out of 
any moneys in the Treasury not otherwise appropriated. 

The amendments were agreed to. 

Mr. TURPIE. I object to the further consideration of the bill. 

Mr. COCKRELL. I wish to say to the Senator from Michigan 
in this connection that I think there ought to be a limit on the 
amount to be paid for the condemnation of property. I do not 



1892. 



CONGRESSIONAL RECORD— SENATE. 



6663 



believe that there will be a particle of injurj' done to that por- 
tion of it. There will be an absolute benefit and advantage and 
a larg-e enhancement of the selling jirico of the pi-opcrty, and the 
people of this District and of the United States ought not to bo 
made to pay for improvements which largely enhance private 
pi-opn-ty. 

The PRESIDING OFFICER. Being objected to, the bill goes 
over and will take its place on the Calendar. 

CHARLES T. GARRARD. 

Mr. CULLOM. I ask the Senate to proceed to the considera- 
tion of the bill (H. R. 29;a) for the relief of_ Charles T. Garrard. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It proposes to remove 
the charge of desertion appearing on the records of the Adjutant- 
General United States Army against Charles T. Garrard, late 
quartermastsr-sergeant Sixth Regiment United States Cavalry, 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

FOREIGN CORPORATION'S IN THE DISTRICT OP COLUMBIA. 

Mr. COCKRELL. As a matter of simple justice to the Sena- 
tor from North Dakota [Mr. Hansbrough], who is not here, 
and as it is a House bill which I asked to have passed over, and 
will only take a moment, I ask the Senate to proceed to the con- 
sideration of the bill (H. R. 0793) to provide for semi-annual 
statements by foreign corpoi-ations doing business in the District 
of Columbia. I under.stand it is an important matter and should 
be passed. It will only take a moment. The Senator from North 
Dakota was anxious to have the bill passed and I asked that it 
should go over. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported from the Committee on the District of 
Columbia with an amendment, in section 2, line 5, after the word 
"District," to add the following proviso: 

Provided, That frateru.il beneficiary associations or societies doing busi- 
ness on the lodge plan and payiug death benefits be exempted from the pro- 
visions of this act. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The amendment was ordered to be engrossed and the bill to 
be read a third time. 

The bill was read the third time, and passed. 

CAPT. EDWARD WHEELER. 

Mr. SQUIRE. I ask the Senate to proceed to the considera- 
tion of the bill (S. 3213) authorizing the Secretary of War to 
correct the military record of Capt. Edward Wheeler, Fifty- 
sixth New York Volunteers. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. The preamble recites 
that Capt. Edward Wheeler, Fifty-sixth New York Volunteers, 
was dismissed from the military service of the United States by 
an erroneous order dated September 4, 18(52, while absent from 
his command sick, ancl reinstated December 24, lS(i2, upon the 
discovery that an error had been committed. The bill directs 
the Secretary of War to revoke the order dismissing the officer 
and to. correct his military record to show a continuous service 
covering the period named. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

The preamble was agreed to. 

PUBLIC building at walla walla, wash. 

Mr. ALLEN. I ask unanimous consent for the present con- 
sideration of the bill (S. 11.37) providing for the erection of a 
public building at the city of Walla Walla, in the State of Wash- 
ington. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to bo engrossed for a third reading, read the third time, 
and passed. 

estate op JOHN ROACH. 

Mr. MITCHELL. I ask the Senate to proceed to the consid- 
erationof Order of Business 790, the bill (S. 457) for the relief of 
the assignees or legal representatives of John Koach, deceased, 
to pay balance due on the United States steamer Dolohin. 

Mr. COCKRELL. Pending that, I move that the' Senate ad- 
journ. It is too late in the evening to consider that bill. It 
might lead to some discussion. 

Mr, SANDERS. I do not know as t ) the objection to that 



bill, but I wish to call up a bill that I am satisfied will not lead 
to discussion. 

Mr. COCKRELL. I am almost sure the bill the Senator from 
Oregon desires to call up will lead to a little di':cussion. 

Mr, MITCHELL, It was reported unanimously from the 
Committee on Claims after very careful consideration. 

The PRESIDING OFFICER. The bill called up by the Sen- 
ator from Oregon will be read by title, 

Th _• Secretary. A bill (S, 457 ) for the relief of the assignees 
or legal representatives of John Roach, deceased, to pay balanca 
due on the United States steamer Dolpliin, 

Mr. COCKRELL, I must insist on mv motion to adjourn. I 
want time to look over that bill. I must object to it. The bill 
w-ill retain it^s place on the Calendar, 

Mr, MIT(;HELL, All right. 

Mr. COL'ivRELL. Let it retain its place on tho Calendar. It 
will be reached verv soon in rcular o;'dcr. 

The PRESIDING OFFICER. Tho bill will retain its place on 
the Calendar. 

adolph loschmidt. 

Mr. SAWYER and others addi-essoJ ihc Chair. 

Mr. SANDSiRS, I ask the SenatorframMissouiilo withdraw 
his motion to adjourn that an unobjected bill m-.y be considered. 

Mr. COCKRELL. I withdraw the motion for' the ijr sent. 

The PRESIDING OFFICER. The Senator from Wisconsin 
[Mr. Sawyer] has been recognized. 

Mr. SAWYER. I ask unanimous consent to proceed to the 
consideration of the bill (S. 1131) for the relief of Adolph Lo- 
schmidt. 

By unanimous consent, the Senate, as in Committee of the 
Who!e, proceeded to consider tho bill. 

Tho bill was reported from the C.nnmittee on Military Affairs 
with an amendment, in lino 4, after tho word '• amend, "'tostrike 
out the remainder of tho bill in the following words: 

The records of the Adjiitaut-Generars Oaice so as to show Adolpli Lo- 
schmidt, late private in Company G, Sixty-flrst Regiment IndlauaVolunteers. 
as honoraljly discharged from tho service of the United States, aud to Issue 
to said Adolph Loschmidt aii honorable discharge. 

And insjrt: 

Aud correct the military record of Adolph Loschmidt. lat« a musician 
iu Company G. Sixty-flrst Regiment Indiana Volunteers, afterwards Thlrty- 
fifth Regiment Indiana Volunteers, aud late a private in the Eighth Battery 
Indiana Light Anilleiy. aud r move the ch;age of desertion. That said 
Adolph Loschmidt was and is the identical Adolph Smith duscrilx'd in said 
companies and battery, aud absented himself from his said company on No- 
vemcerS. ISiie, without any proiier leave or authority, and ou March ST, 1SC3 
enlisted iu said Eighth Battery Indiana Light Artillery, served faithfully, 
and was honorably discharged July SO. 18ij5, an<l to issue to said Adolph Los- 
chmidt a certificate of such record .and service. 

So as to make the bill read: 

That the Secretary ot War be, .anl he is hereby, iiuthorized and directed to 
amend and correct the military record of Adolph Loschmidt, etc. 

Tho amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed foi- a third reading, read 
the third time, and passed, 

SALARIES OP REGISTERS AND RECEIVERS. 

Mr, ALLISON, I move that the Senate adjourn. 

Mr. SANDERS. I have a bill here to abolish an office and save 
some monev that I desire to have passed. 

Mr. WARREN. I desire to call up the bill (S. 1729) to amend 
section 2237 of the Revised Statutes, in relation to the salaries of 
registers and receivers of United States land offices. 

Mr. SANDERS. Unfortunately the Senator irom Iowa is 
recognized. I am trying to get him to withdraw his motion to 
adjourn. 

Mr. ALLISON. Verv well. 

The PRESIDING OFFICER. Tho Chair has recognized the 
Senator from Wyoming [Mr. W.-\rren]. 

Mr. COCKRELL. Pending that, as the bill the Senator from 
Wyoming wishes to call up would lead to discussio:i, I move that 
the Senate adjourn. There is no Quorum present. 

The PRESl'DINGOFFICER. It ismovbd by the Senator from 
Missouri that the .Senate do now ad]o\n-n. 

The motion was agreed to: aud (at 5 o'clock and .50 minutes p. 
m, I the Senate adjourned until Monday, July 25, 1892, at 12 
o'clock m. 



CONFIRMATION, 
Executive nomination confirmed by the Senate July 22, 1S02. 

CON.SUL. 
Adam Everly, of Pcnn.sylvania, to be consul of the United 
States at Birmingham, 



6664 



CONGRESSIONAL RECORD— HOUSE. 



July 23, 



HOUSE OF llErRESENTATIVES. 

Satukday, JhUj 2S, ISOS. 

The House met at 11 o'clock a. m. Prayer by Key. J. H. CT 
)3EKT, D. D. 

The Journal of the piMceeding^s of yestei'day was read and ap- 
proved. 

SURRENUKK OV LAND PATENTS TO INDIANS. 

The SPEAKKU laid before the House a letter from the Secre- 
tary of the Interior, submitting- a draft of an amendment to sec- 
tion 2 of the act of October lit, 188S, entitled "An act authoriz- 
ing: the Secretary of the Interior to accept the surr.-nder of and 
canc3l land patents to Inliaus in certain cases;" which was re- 
ferred to the Committee on Indian Affairs, and ordered to ha 
printed. 

ELIZABETH BOWDEN. 

The SPEAKER also laid before the House the bill (H. R. 5829) 
granting' a pension to Elizabeth Bowdcn, with a Senate amend- 
ment. 

Mr. WILSON of Missouri. I move that the Senate amend- 
ment be concurred in. 

The motion was agreed to. 

JO.SEPH WACKERLY. 

The SPEAKER also laid before the House the bill (H. R. 4S33) 
to cori'oct the military record of .losepli Wackerly, with a Senate 
amendment. 

Mr. WEADOCK. Mr. Sjjeaker, I move that the amendment 
bo concurred in. 

Mr. ROCKWELL. Mr. SiJjaker, I move that the amendment 
of the Senate be concurred in. 

The motion was agreed to. 

MICHAEL KEEPE, DECEASED. 

The SPEAKER a!s3 laid before the House the bill (H. R. 1084) 
to remove the charge of desertion now standing against Michael 
Keefe. deceased, with a Senate amendment. 

Mr. ROCKWELL. Mr. Speaker, I move that the House disa- 
gree to th 3 Senate amendment, and agree to the conference asked. 

The motion was agreed to. 

The SPEAKER announced as conferees on the part of the 
House Mr. Rockwell, Mr. Patton, and Mr. Bovvers. 

HEIR OF HUGH WORTHINOTON. 

The SPEAKER also laid before theHou.se the bill (H.R. 4827) 
to confer jurisdiction on the Court of Claims to hear and deter- 
mine the claim of the heirs of Hugh Worthington for his in- 
terest in the steamer Eastport, with a Senate amendment. 

Mr. SMITH of Illinois. Mr. Speaker, I move that the House 
concur in the Senate amendment. 

The motion was agreed to. 

GEORGE W. BARR. 

The SPEAKER also laid before tie House the bill (H. R. 4113) 
10 grant an honorable discharge to George W. Barr, from the 
Army, witli a Senate amendment. 

Mr. HOOKICR of New York. Mr. Speaker, I move that the 
House concur in the Senate amendment. 

Th ! motion was agreed to. 

REPORT OF MONETARY COMMISSION. 

The SPEAKER also laid b-fore the House the following Sen- 
ate concurrent resolution; which was read a first and second 
time, and referred to the Committee on Printing: 

Hcsolreil bi/ the Senate \the House of Represen.talii'L's concnrrinei). That there 
1)6 pi-iuted :i(),niM copies of the report proper of the Monetary Commission 
treated under the joint resolutionof August IS, ISiti. helnf; Senate report No 
703, second session Fort.y-foin-th Congress, lO.UOU for the use of the Senate and 
2y,()00 for the use of the House of Representatives, 

REPORTS OF SMITHSONIAN INSTITUTION AND NATIONAL MU- 
SEUM. 
The SPEAKER also laid biforo the House the following Sen- 
ate concurrent resolution- which was read a first and second time, 
and referred to the Committee on Printing: 

L'-f-nlecdlit/tlie .Seii'ile (tlie I/oiixe of Kepres, iifatw^s ronriiiiinyi That there 
lie pviuted of the repcn-ts of the Smithsonian Institution and of the National 
Museum for the yearendina,lune:)0. IKfli, in twooi-tavo v.diHn»s lii nooextra 
copies, of which I,0:iO eopiesshall be for theuseof the Senate, ■.',>iii;ie.>piesfor 
the use of the House<ir Ke])resentatives, .S.OOO copies for the use cf the Smith- 
sonian Institution, and 3,()Lio .:opies for the use of the National Museum. 

SENATE BILLS REFERRED. 

The SPEAKER also laid before the House Senate bills of the 
following titles; which were severally read a first and second 
time, and referred as indicated below: 

A bill (S. 27(i(i) granting a pension to Thomas C. Ellis— to the 
Committee on Pensions. 

A bill IS. 3'SOl) for theeiection of apublic building at the city 
of East St. Louis, 111.— to the Com;nittee on Public Buildings and 
Grounds. 



ILLUMINATION OF WASHINGTON DURING GRAND ARMY EN- 
CAMPMENT. 

The SPEAKERalso laid before the House the Senate joint res- 
■ 1 (S, R. 101) giving authority for the erection of overhead 
uireSTor the illumination of the city of Washington during tho 
encampment of the Grand Army of the Republic, during Sep- 
tember. 18!i2. 

Mr. HEARD. Mr. Speaker, at the request of the Commis- 
sioners of tho District, I ask unanimous consent of the House 
that this resolution be now consider-ed. 

The SPEAKER. Tho Clerk will report the resolution, after 
which the Chair will ask if there be objection. 

The joint resolution was read, as follows: 

-Whereas it is proposed during the approaching reunion of the Grand Army 
of the Republic to make provision for the .suitable illumination of the streets, 
avenues, and public grounds, which illumination can not be effected unless 
additional overhead wires, for electrical purposes, are temporarily strung; 
and 

Whereas the Commissioners of the District of Columbia are prohibited by 
existing law from authorizing any overhead wires for electrical purposes to 
be strung on or over any street or avenue of the said city: Therefore. 

neiiolvedl}ij tlie Senate andlloase of Representatives of the t'nited States ofAiner- 
train Vont/ress a.^ienibled. That the Commissioners of the District of Colum- 
bia are hereby authorized to permit the committee on illumination of the 
citizens' executive committee for the entertainment of the twent.v-sixth 
national encampment of theGrand Arm,v of the Republic, to stretch suitable 
conductors, with sufficient sttpports, wherever necessary, for the purpose of 
effecting the said illumination: Provided, That the said i-onductors shall not 
be used for the conveying of electrical currents after .September rir, 189*^, 
:vnd shall, with their suijports, be fully and entirely removed from the streets 
and avenues of the said city of Washington on or before November I, 189'-: 
Procidetl farther. That the stretching and removing of the said wire:; shall 
be under the stipervision of the Commissioners of the District of Columbi:i, 
who shall see that the provisions of this resolution are enforced, that all 
needfull precautions are taken for the protection of the public, and that the 
])avemeut of any street, avenue, or alley disturbed is replaced in as good con- 
dition :is bef(jre entering upon the work herein aurhorized : Provided further. 
That no expense or damage on :iccountof,ordue tothe stretching, operatitm, 
or retnovlng of the said temporary overhead conductors shall be incurred 
by the United States or the District of C'jltimbia. 

Mr. HEARD. As the reading of tho resolution shows, the 
object is simply to authorize the Commissioners to grant per- 
mission to tho committee on entertainment of th^ Grand Army 
of the Republic encampm-mt to stretch wires across the ave- 
nues for the purpose of illuminating the city during the said en- 
campment, to be removed immediately after, at the expense of 
this committee, without any e-xpenss to the United States or the 
District. 

Mr. SIMPSON. Reserving the right to object, I desire to ask 
the gentleman from Missouri whether this involves any expense 
to the District? 

Mr. HEARD. Not a dollar. 

Mr. SIMPSON. It is to be done by the committee? 

Mr. HEARD. Yes; by the committee of citizens; that is all. 

The SPEAKER. Is there objection to the present considera- 
tion of the joint resolution. [After a paus3.] The Chair hears 
none. 

The joint resolution was ordered to a third reading; and it 
was accordingly read the third time, and passed. 

On motion of Mi-. HEARD, a motion to reconsider the vote by 
which the joint resolution was agreed to was laid on thj table. 

BLUE MOUNTAIN IRRIGATION AND IMPROVEMENT COMPANY. 

The SPEAKERalso laid before the Hou.se the bill (S. .-JO+Si 
granting to the Blue Mountain Irrigation and Improvement 
Company a right of way for reservoir and canals through the 
Umatilla Indian Reservation in the State of Oregon. 

The SPEAKER. This bill will b3 referred to the Committc'i 
on Indian Att'airs. 

Mr. HERMANN. Mr. Speaker, I ask unanimous consent tLat 
it bo considered at the present time. 

The SPEAKER. The gentleman from Oregon asks unani- 
mous consent for the present considei'ation of this bill. 

Mr. DOCKERY. What is it? 

The SPEAKER. The Clerk will report the title of the bill. 

The title was again report-3d. 

Mr. DOCKERY. I think that had batter go to the committ .-e. 

Mr. SIMPSON. To save time, I will call for the regidar 
order. 

Mr. HERMANN. Maybe the gentleman from Kansas will 
permit me to make a brief explanation of tlic bill. 

The SPEAKER. The bill v/ill be referred to the Committee 
on Indian AITairs. 

Subsequently 

Mr. HER.VIANN said: Mr. Sjicaker, I ask unanimous con.sent 
that tho Senatu bill which has just been laid before the House be 
permitted to lie on the Spe.iker's table for the present. 

There was no objection and it was so ordered. 

LEAVE TO WITHDRAW PAPERS. 

Mr. SMITH of Illinois, by unanimotis consent, obtained leave 
to withdraw from the filvs of the Hous3 the evidence and papers 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



6713 



This bill was introduced in the House by the gentleman from 
Illinois [Mr. Cable] at the request of an association of public- 
spirited citizens of this District who desire to establish an asso- 
ciation for the encouragement and promotion of art. The meas- 
ure asks no appropriation, and simply proposes to grant to these 
people an act of incorporation. If any further explanation is de- 
sired, I ask the gentleman from Illinois to give it. In view of 
the fact that there was no opposition to the bill in committee, 
and also on account of the character of the bill, and by reason of 
the fact that the District Committee will not in all probability 
have another day during this session, I ask that the bill be now 
considered. 

The bill was read. 

The SPEAKER. Is there objection to the immediate consid- 
eration of this bill? 

Mr. ENLOE. Upon the assurance of gentlemen here that it 
will not take any time, or that if it does the bill will be with- 
di-awn, I do not object; otherwise I should. 

There being no objection, the House proceeded to the consid- 
eration of the bill; which was read three times, and passed. 

On motion of Mr. CABLE, a motion to reconsider the last vote 
was laid on the table. 

SENATE BILLS REFERRED. 

The SPEAKER also laid before the House Senate bills of the 
following titles; which were severally read a first and second 
time, and referred as indicated below: 

A bill (S. 2454) for the application of the accretions of the Ca- 
racas awards of 1868 to the new awards made in 1889 and 1890 — 
to the Committee on Foreign Affairs. 

A bill (S. 2931) to provide for the survey aad transfer of that 
part of the Fori Randall military reservation, in the State of 
South Dakota, for school and other purposes — to the Committee 
on the Public Lands. 

A bill (S. 2799) to provide for the dedication of the statue 
erected to the memory of the Marquis Marie Jean Paul Roch 
Yves Gilbert Motier de Lafayette, a major-general in the Army 
of the United States — to the Committee on Public Buildings and 
Grounds. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. Platt, one of its clerks, 
announced that the Senate had passed bills and joint resolutions 
of the following titles; in which concurrence of the House was 
requested: 

A bill (S. 3463) to fix the limit of cost of the United States post- 
office building at Buffalo, N. Y.; 

A bill (S. 3213) authorizing the Secretary of War to correct 
the military record of Capt. Edward Wheeler, Fifty-sixth New 
York Volunteers; 

A bill (S. 1137) providing for the erection of a public building 
at the city of Walla Walla, in the State of Washington; 

A bill (S. 1131) for the relief of Adolph Loschmidt; and 

A joint resolution (S. R. 103) relating to bequests made by the 
late Gen. CuUum. 

It also announced that the Senate had passed with amendment 
the bill (H. R. 6793) to provide for semiannual statements by for- 
eign corporations doing business in the District of Columbia; in 
which the concurrence of the House was i-equested. 

It also announced that the Senate had passed without amend- 
ment the bill (H. R. 2932) for the relief of Charles T. Garrard. 

It also announced that the Senate had agreed to the reoort of 
the committee of conference on the disagreeing votes of the two 
Houses on the amendments of the Senate to the bill (H. R. 9172) 
to incorporate the Washington and Great Falls Electric Railway 
Company. 

The SPEAKER. The regular order is the call of committees 
for reports. 

The committees were then called in their regular order. 

ADVERSE REPORT. 

Mr. BROOKSHIRE, from the Committee on the Post-Office 
and Post-Roads, submitted the following adverse report: 

The Committee on the Post-Omceand Post- Roads, to whom was referred a 
certain memorial land evidence) ivith reference to a proposed "puenmatic 
postal commtinication," at Philadelphia, Pa., have considered said memo- 
rial and ertdeuce and do not think the same sufficient to warrant an inves- 
tigation by a committee of the House of Representatives, and request to be 
discharged from the consideration of the above matter and that this report 
do lie upon the Speaker's table. 

The SPEAKER. In the absence of objection the memorial 
will lie on the table and the committee will be discharged from 
its further consideration. 

THere was no objection, and it was so ordered. 

MICHAEL KEEFE, DECEASED. 

Mr. ROCKWELL. Mr. Speaker, I desire to submit a confer- 
ence report on the bill (H. R. 1084) to i-emove the charge of de- 
sertion now standing against Michael Keofe, deceased. 



The SPEAKER. The Clerk will read the statement accom- 
panying the report. 
Tlie Clerk read as follows: 

Statement to accompany conference report on H. R. 1084. 
The House agrees to Senate amendment which fixes the date for the hon- 
orable discharge of the beneficiary named in the bill with an amendment 
that no pay or emoliunents shaCll inure to the beneficiary on account of the 
passage of the act. 

The conference report was adopted. 

On motion of Mr. ROCKWELL, a motion to reconsider the 
last vote was laid on the table. 

ORDER OF BUSINESS. 
The SPEAKER. The Clerk will report the special order fixed 
for to-day. 
The Clerk read as follows: 

Kesolved. That Monday, July 25, next Immediately after the call of com- 
mittees for reports, be set apart for the consideration of the re.soluiion re- 
ported from the Special Committee on the Investigation of the Pension 
Oltlce; this order not to interfere with revenue or appropriation bills or con- 
ference reports. 

Mr. MEREDITH. Mr. Speaker, the Committee on the District 
of Columbia was called just now. I do not see the chairman of 
the committee in his seat, but I would like to have an opportu- 
nity for that committee to call up its business to-day. 

The SPEAKER. By order of the House to-day is set apart for 
the consideration of the resolution reported from the special com- 
mittee to investigate the Pension Office. 

Mr. MEREDITH. I move to pass that resolution by for the 
present. There are District matters which ought to be consid- 
ered to-day, this being the only day at our disposal, and the mat- 
ter in connection with the Pension Office can be just as well con- 
sidered to-morrow. 

The SPEAKER. But the Chair could not entertain that mo- 
tion except by unanimous consent, this order being fixed by the 
House. 

Mr. MEREDITH. Then I ask unanimous consent to pass it 
by for the present, and let its consideration be taken up to-mor- 
row. 

Mr. WHEELER of Michigan and Mr. ENLOE objected. 

Mr. DALZELL. Mr. Chairman, I wish to call up a privileged 
matter, to which 1 think there will be no objection, and which 
will occupy but a very few minutes. I refer to a resolution in- 
troduced on Saturday a week ago by myself and sent to the 
Ways and Means Committee, but not yet reported — a resolution 
of inquiry addressed to the Secretary of the Treasury. 

Mr. ENLOE. That can go over until to-morrow. It is not 
pressing. 

Mr. BURROWS. It will take but a moment to dispose of it. 

Mr. ENLOE. It is not so urgent that it can not wait. 

Mr. DALZELL. It will not take any time, I can assure the 
gentleman. 

Mr. ENLOE. I must object, Mr. Speaker. 

Mr. DALZELL. Let it be acted upon now. It will take but 
a moment. 

The SPEAKER. The resolution will be read, after which the 
Chair will ask for objection. 

The resolution, relating to the taxes paid by national-banking 
associations to the United States and to States and municipalities 
and losses by holders of national bank notes, as compared with 
losses by holders of State bank notes by reason of failure of such 
banks, under the act of March 26, 1867, was read at length. 

Mr. DALZELL. I move the adoption oi' the resolution. 

The SPEAKER. That motion can only bo entertained by 
unanimous consent at this time, there bing a privileged matter 
before the House for its consideration. 

Mr. DALZELL. I ask unanimous consent for the present con- 
si(ieration of the resolution. This is a privileged matter, I will 
state, under the rules. 

The SPEAKER. It is not privileged as against a special 
oi-der, which assigned to-day to the resolution proposed by the 
Select Committee Investigating the Pension Office. It could 
only be entertained by unanimous consent. 

Mr. BYNUM. I object. 

Mr. DALZELL. I will withdraw the resolution for the 
present. 

REPORTS OF COMlvnTTEES. 

The following reports of committees were handed in at the 
Clerk's desk, referred to their appropriate Calendars, and other- 
wise disposed of as indicated below: 

RETIRED LIST FOR ENLISTED MEN AND APPOINTED PETTY 
OFFICERS OF THE UNITED STATES NAVY. 

Mr. MEYER, from the Committee on Naval Affairs, rejjorted 
back with amendments the bill (H. R. 290) to authorize a retired 
list for enlisted men and appointed petty officers of th(! United 
States Navy who have served for a period of thirty years or ui> 



6714 



CONGRESSIONAL RECORD— HOUSE. 



JULY 25, 



wards; which was i-eferred to the Committee ot the Whole House 
on the state of the Union, and, with the accompanying' report, 
ordered to be printed. 

FORT BROWN MILITARY RESERVATION. 

Mr. OUTHWAITE, from the Committse on Military Affairs, 
reported back, in the natui-o of a substitute for resolution rela- 
tive to the purcliase of Fort Brown military reservation, the 
bill (11. K. !)()t!() to provide for the purchase of the Fort Brown 
military reservation, Texas, and to extinguish all claims for 
the use and occupation of said reservation; which was referred 
to the Committee of the Whole House on the state of the Union, 
and, with the accompanying report, ordered to bo printed. 

The original resolution was laid on the table. 

PUBLIC BUILDING AT THE CITY OF PLATTSMOUTII, NEBR. 

Mr. TAR.SNEY, from the Committee on Public Buildings and 
Grounds, reported back with an amendment the bill (H. R. 3l)l(l| 
providing for the erection of a public building at th^^j^kOt 
Plattsmouth, Nebr.. and for other purposes; which wsra reterred 
to the Committee of the Whole Hou.se on the state of the Union, 
and, with the accompanying report, ordered to be printed. 

DAMAGES DONE TO PLANTED OYSTERS AND OYSTER BEDS IN 
RARITAN BAY. 

Mr. FOWLER, froin the Committee on Merchant T jjlillifjit 1 

Fisheries, reported back favorably the bill (H. R. 8532) authoriz- 
ing the Secretary of the Treasury lo ap)3oint commissioners to 
estimate damages done to planted 03-sters and oyster beds in 
Raritan Bay and adjoining waters in New York and New Jer- 
sey and to make compensation therefor; which was referred to 
the Committee of the Whole House on the state of the Union, 
and, with the accompanying report, ordered to bs printed. 

TEMPORARY GOVERNMENT FOR THE TERRITORY OF OKLA- 
HOMA, ETC. 
Mr. TERRY, from the Ct)mmittee on Territories, reiwrted 
back, in the nature of a substitute for House bill (5920 the bill (H. 
R. liij.")li) to amend ' 'An act to provide a temporary government for 
the Territory of Oklahoma and to enlarge the jurisdiction of 
the United .States court in the Indian Territory, and for other 
purposes," approved May 2, 1S!X); which was read a first and sec- 
ond time, referred to the House t'alendar, and, with the accom- 
panying report, ordered to be printed. 

MESSAGE FROM THE SENATE. 

A message from the Senate by Mr. Piatt, one of its clerks, an- 
nounced that the Sonate had agreed to the report of the com- 
mittee of ciinferencs; had further insisted upon its amendments 
numbered 124, 127, 128, 129, 130, 131, l:!2, 133, 177, SOS, 309, 310. and 
311, disagreed to by the House of Representatives; had disa- 
gi'eed to the amendment of the House to the amendment of the 
Senate numbered 177: askedafurther conference with the House 
on the bill and amendments, and had appointed Mr. Allison, 
Mr. Hale, and Mr. Gorman as conferees on the part of the 
Senate. 

It also announced that the Senate had agreed to the report of 
the committee of conference on the disagreeing vot-js of the two 
Houses on the amendment of the Senate to the bill (H. R. 1084) 
to remove the charge of desertion now standing against Michael 
Keefe, deceased. 

It also announced that the Senate had passed the following 
concurrent resolution; in which the concurrence of the House 
was requested: 

Resolved by the Senate (the House of Sepresentatives concurring), Tliat per- 
mission is hereby gr.intecl to the ladles of WasMnston to give a reception in 
the rotunda of the Capitol, September 19, 1S93, to the members of the Grand 
Army of the Re])iibli'-. the Woman's Relief Corps, and all other visiting or- 
ganizations who may attend the national encampment of the Grand Army 
of the Republic in September next. 

ENROLLED BILLS SIGNED. 

Mr. WARWICK, from the Committee on Enrolled Bills, re- 
ported that they had examined and found truly enrolled bills of 
the following titles: when the Speaker signed the same: 

A bill (H. R. 4827) to confer jurisdiction on the Court of Claims 
to hear and detei'mine the claim of the heir of Hugh Worthing- 
ton, for his interest in the st^am'jr Eastport; 

A bill (H. R. .5684) to authorize the Denison and Northern Rail- 
way Company to cimstruct and operate a railway through the 
Indian Tei-ritory, and for other purjjoses; 

A bill (H. R. 9023) to gi'ant the i-ight of way to the Pensacola 
Terminal Company through the lands of the naval reservation 
near Pens'.icola; 

A bill (S. 1498) for the establishment of additional aids to nav- 
■jgation in Tampa Bay, Florida; and 

A joint resolution (S. R. 104) giving authority for the erection 
of overhead wires for the illumination of the city of Washington 
during the encampment of the Grand Army of the Republic, 
during September, 1892. 



MESSAGE FROM THE PRESIDENT. 

A message from the President, by Mr. Pruden, one of his sec- 
retaries, announced that the President had approved and signed 
bills and joint resolutions of the following titles: 

On July 25, 1892: 

An act (H. R. 9283) authorizing the Leonard Avenue .Street 
Railway Company to lay tracks upon certain streets abutting 
United .States military reservation in the city of Columbus, Ohio; 

An act ( H. R. 649) for the allowance of certain claims reported 
by the accounting officers of the United States Treasury Depart- 
ment; 

An act (H. R. 4871) for the relief of John McMahan; 

An act (H. R. 5719) for the relief of Harriet W. Shaeklett; and 

An act (H. R. 669) for the relief of Dabnev, Simmons & Co. 

On July 22. 1892: 

An act (H. R. 5119) regulating the construction of building 
along alleyways in the District of Columbia; 
— ^1 act ('H. R. 5019) for the relief of Amelia R. Webster; 

An act (H. R. 3947) to establish Weather Bureau stations on 
Middle and Thunder Bay Islands, in Lake Huron; 

An act (H. R. 3971) to provide for the opening of alleys in the 
District of Columbia; and 

Joint resolution (H. Res. 108) extending the time in which 
•e^rtain street railroads compelled by the act of Congress ap- 
proved August 6, 1890, to change the motive power from horse 
power to mechanical power for one year. 

On July 23, 1892: 

An act (H. R. 7454) authorizing and directing the sale of cer- 
tain property belonging to the United States situate in Pitts- 
bui'g. Pa.; 

' An act (H. R. 402) to establish a division lins bstween landsof 
the United States and the Pittsburg, Fort WayCe and Chicago 
Railroad Company: 

An act {H. 11. 8533) making apijropi'iations for fortifi editions and 
other works of defense, for the armament thereof, for the pro- 
curement of heavy ordnance for trial and ser\'ice, and for other 
pur]X)ses: 

An act (H. R. 945) for the relief of Patrick Hyland; 

An act (H. R. 9144) to establish a railroad bridge across the 
Black River, in Arkansas: 

An act (H. R. 3572) for the i-slief of Richard M. Edwards, of 
Cleveland. Tenn.; 

An act ( H . R. 9332) granting a pension to Joseph J. Cranberry; 

.Toint resolution (H. Res. 102) I'Oquesting the loan of certain 
articles for the World's Columbian Exposition; and 

Joint resolution (H. Res. 155) to authorize and direct the Sec- 
retary of State to affix the great seal of the United States lo a 
certain document therein stated. 

On July 25, 1892: 

An act (H.R.5377) granting a pension to Mai'y Isabella Hutch- 
ison. 

IN'^rESTIGATION OF THE PENSION BUREAU. 

The SPEAKER. The Clerk will report the resolution submit- 
ted by the committee appointed to investigate the Pension Office. 

The Clerk read as follows: 

Resolved, That it is the judsrment of the Hoose that CommiBsioner of Pen- 
sions Green B. Raiim should be removed from ofiBce hy the President for the 
followius reasons: 

1. Beca-use he has demonstrated his unfitness to supervise and govern a 
large number of emplo.\'6s on account of his hasty temper, strong prejudices, 
and um-easonable animosity, which Impel his action in matters of the gravest 
consequence, as evidenced in the cases of Engle, Howard. Taylor. Jennings. 
Renaud. Hayward, PajTie. De Arnaud. Peyioa. and others, aiid his pursuit 
of Hon. Georcjk W. Cooper, following upon an unsuccessful attempt to in- 
jure his reputation. 

~. Hecau.se he has prostituted bis office for the purposes of private gain. 

X liecause he has prostituted his otfice for political purposes, using the 
same as a political machine, notably in the matter of furnishing the Con- 
gressional facilities of the Pension Office to one J. G. Dunbar, a private citl 
zen of Indiana, at one time a candidate for Congress against Hon. George 
W. Cooper. 

Beiiolred, That it is the judgment of the House that Harvey G. Ellis aud Dr. 
J, W. Little should be dismissed, for the reason that they refused to answer 
legitimate and proper que.stions put to them by the com'mitlee. 

The SPEAKER. The gentleman from Michigan [Mr. 
Wheeler] is recognized. 

Mr. ENLOE. Mr. Speaker, I would like to make some arrange- 
ments with gentlemen on the other side with regard to the time 
that is to be consumed in the debate on this resolution. I sug- 
gest to gentlemen representing the 'minority, that we fix upon 
two hours on a side for the debate. Will that be agreeableV 

Mr. HENDERSON of Illinois. Mr. Speaker, if I may be al- 
lowed a single remark, I am un'willing now to fix upon any time 
when a vote shall be taken on these resolution*. I thinlj \hi 
better way is to go on with the discussion for a time at least, and 
see what time will be necessary for a fair and propor discussion 
of these resolutions. 

Mr. ENLOE. I think I anticipate the difficulty that is in the 
gentleman's mind, Mr. Speaker, and I will say to him that this 



1892. 



CONGRESSIONAL EECOED— HOUSE. 



6741 



Byms, 


Fithian, 


Long, 


Russell, 


Cable, 


Forney. 


Lynch, 


Sayers, 


Caldwell, 


Goodnight, 


Mallory, 


Scott, 


Camiuetti, 


Grady, 


Mansur, 


Scull, 


Castle, 


Greeuleaf, 


Martin. 


Seerley, 


Cate, 


Grout, 


McClellan, 


Shlvely, 


Causey, 


Hallowell, 


McCrc-iry, 


Shonk, 


Cheatham, 


Halvorson, 


McICaig. 


Simpson, 


Clover, 


Hamilton, 


McKeighan, 


Spcrry. 


Cobb, Ala. 


Hare, 


McMlllin, 


Stone, W. A. 


Cobm-n, 


Harmer, 


McKae, 


Stout, 


Coombs, 


Hatch, 


Meyer, 


Stump, 


Cooper, 


Hayes. Iowa 


Montgomery, 


T.iylor, 111. 


Crosby, 


Haynes, Ohio 


Moses. 


Terry. 


Culberson, 


Heard, 


Mutchler, 


Tilliuau, 


Cummlngs, 


Henderson, N. C. 


O'Neill, Pa. 


Townseud, 


Curtis, 


Holman. 


Otis. 


Turner. 


Dalzell, 


Houk, Ohio 


Page, R. I. 


Van Horn, 


Davis, 


Johnstone, S. C. 


Page, Md. 


Walker. 


De Armond, 


JoUey, 


Parrett, 


Warner. 


De Forest, 


Jones, 


Patterson, Tenn. 


Warwick. 


Dickerson, 


Kilgore, 


Patton. 


Washington, 


Dingley, 


Kribbs, 


Pasmtcr. 


Watsou, 


Dixon, 


Kyle, 


Pearson. 


Wheeler, Al.^. 


Dean, 


Lagan, 


Pendleton, 


White, 


Dockery, 


Lane, 


Perkins, 


Wike. 


Donovan, 


Lanham, 


Pierce. 


Williams. 111. 


Duugan, 


Lapham, 


Quackenbtish, 


Wilson. Mo. 


Edmunds, 


Law.son.Ga. 


Ray, 


Wilson, W. Va. 


Enloe, 


Lester, Ga. 


Reed, 


Wolverton. 


Epes, 


Llud. 


Rellly, 




Everett, 


Little, 


Robinson, Pa. 






NAYS— 8. 




Alexander, 


Hull, 


McGarm, 


Powers. 


Forman, 


Lockwood, 


Payne, 


Steward, 111. 




NOT VOTING -174. 




Abbott, 


Coolidge, 


Houk, Tenn. 


Rife, 


Alderson, 


Covert. 


Hull, 


Robertson, La. 


Allen, 


Cowles, 


Johnson, Ind. 


Roclnvell, 


Andrew, 


Cox, N. Y. 


Johnson, N. Dak. 


Rusk. 


Arnold. 


Cox, Tenn. 


Johnson, Ohio 


Sanford, 


Atkinson, 


Craig, Pa. 


Kem, 


Shell, 


Bacon, 


Cram. Tex. 


Kendall, 


Smith, 


Baker, 


Crawford, 


Ketcham. 


Snodgrass, 


Bartlne, 


Cutting, 


Lawson,Va. 


Snow. 


Beeman, 


Daniell, 


Layton. 


Springer, 


Belden, 


Dolllver, 


Lester, Va. 


Stahluecker, 


Belknap, 


Dunphy, 


Lewis, 


Stephenson, 


Beltzhoover, 


Durborow, 


Livingston, 


Stevens, 


Bergen, 


Elliott, 


Lodge, 


Stewart, Tex. 


Blanchard, 


Ellis, 


Lkjuu. 


Stockdale, 


Bland, 


English, 


Magner, 


Stone, C.W. 


Blount, 


Enochs. 


McAleer, 


Stone, Ky. 


Boatner, 


Fellows, 


McDonald, 


Storer, 


Boutelle, 


Fitch, 


McKinney, 


Sweet, 


Brawley, 


Flick, 


Meredith, 


Tarsney, 


Breckinridge, Ark. Fowler, 


Miller, 


Taylor, Tenn. 


Breckinridge, Ky 


Ftmston, 


Millikeu, 


Taylor. E. IS. 


Brickner, 


Fyan, 


Mitchell, 


Taylor, J. D. 


Broderick, 


Gautz, 


Moore, 


Taylor, V. A. 


Buchanan, N. J. 


Geary, 


Morse, 


Tracey, 


Bullock, 


Geissenhainer, 


Newberry, 


Tucker, 


Bunting, 


Gillespie, 


Norton, 


Tiu-pin, 


Burrows, 


Gorman, 


Oates, 


Wadsworth, 


Busey, 


Griswold, 


O'Donnell, 


Waugh, 


Bushnell, 


Hall, 


O'Ferrall, 


Weadock, 


Cadmus, 


Harries, 


O'Neil.Mass. 


Wever. 


Campbell, 


Harter, 


O'Neill. Mo. 


vVheeler, Mich. 


Capehart, 


Haugen, 


Outhwaite, 


Whiting, 


Caruth, 


Hemphill, 


Owens, 


Willcox, 


Cat<_'hings, 


Hendersou, Iowa 


Pattlson, Ohio 


Williams, Mas5 


Chapin, 


Henderson, III. 


Peel, 


Willi.ams, N. C. 


Chipman, 


Herbert, 


Pickler, 


Wilson, Kv. 


Clancy. 


Hermaim, 


Post, 


Wilson, Wash. 


Clark, Wyo. 


Hitt, 


Price, 


Winn, 


Clarke, Ala. 


Hoar, 


Raines. 


Wise. 


Cobb, Mo. 


Hooker, Miss. 


Randall, 


Wright, 


Coclcran, 


Hooker, N. Y. 


Rayuer. 


Youmans. 


Cogswell, 


Hopkins, Pa. 


Reyburu, 




Compton. 


Hopkins, 111. 


Richardson, 





Mr. SAYERS. Mr. Speaker, would a motion to adjourn be in 
order'? 

The SPEAKER. It would not be in order. The motion has 
just been voted down. Of oouise the motion could be enter- 
tained by unanimous consent. 

Mr. SAYERS. I ask consent to make that motion. 

There being- no objection, tlie motion was considered and agreed 
to; and accordingly (at 4 o'clock and 20 minutes p. m.) the House 
adjourned. 



So further proceedings under the call were dispensed with. 

On motion of Mr. CASTLE, Mr. Harries was excused on ac- 
count of sickness, t 

On motion of Mr. SIMPSON, Mr. Baker was excused on ac- 
count of sickness. 

The result of the vote was then announced as above recorded. 

Mr. CAMPBELL. It is evident that no business can be trans- 
acted to-day, and I move that the House do now adjourn. 

Mr. SAYERS. Mr. Speaker,I undei'stand amotion to adjourn 
is now pending. 

The SPEAKER. There is pending a motion of the gentleman 
from Tennessee [Mr. Enloe] that the House take a recess: and 
pending that a motion to adjourn is in order. 

Mr. CAMPBELL. I make that motion. 

The question was taken; and on a division there were— ayes 
43, noes 68. 

So the House refused to adjourn. 

Mr. CAMPBELL. I ask the yeas and nays. 

The yeas and nays were not ordered. 

The SPEAKER. The question now recurs on the motion of 
the gentleman from Tennessee that the House take a recess un- 
til to-morrow morning at half past 10 o'clock; on which motion i 
the yeas and nays have been ordered, and the Clerk will call the 
roll. 



BILLS, ME.\IORI.\LS. AND RESOLUTIONS. 

Under clause ,3 of Rule XXII, bills of the following titles were 
introduced and severally i-eferred as follows: 

By Mr. O'NEILL of "Missouri: A bill (U. H. iHwO) for the pro- 
tection of persons ])erf(iriuinii- work and labor upon or furnishing 
materials for public works — to the Committee on Expenditures 
in the Treasury Dopartment. 

By Mr. MEREDITH: A bill (H. H. !)(i.-,l) to amend the charter 
of the Washington and Arlingtm Railroad Company — to tho 
Committee on the District of Cohunbia. 

By Mr. WILSON of Washington: A bill (H. R. <)G5;!) making 
an approjiriation for the construction of a ship canal connecting 
Lakes Union and Washington witli I'uget Sound — to the Com- 
mittee on Interstate and Foreign Commcic. 

By Mr. CHIPMAN: A resolution for an investigation of the 
st( no furnished for the Detroit public building — to the Com- 
mittee on Rules. 

By Mr. ENLOE: A resolution to set apart Tuesday, July 26, 
1S!)L', for the consideration of the report frorn the committee on 
the investigation of the Pension OITice, said report to take pre- 
cedence of all the business not excepting conference reports nor 
the reading of the Journal — to the Committee on Ilulcs. 

By Mr. SIMPSON: A rtsolution in regard to reported viola- 
tions of law as to the holding of cattle and of the receiving of 
money therefor by officers of the Government upon certain 
Cherokee lands — to the Committee on the Territories. 



PRIVATE BILLS, ETC. 

Under clause 1 of Rule XXII, private bills of the following 
titles were presented and referred as indicated below: 

By Mr. CLOVER: A bill (H.R.y.ioI) for the relief of John W. 
Baker — to the Committee on Pensions. 

Also, a bill (H. R. 'J6.j.j) for the relief of Isaac Frye — to the Com- 
mittee on Pensions. 

A!s-3. a bill (H. R. n'oo6) for the relief of .lohn Smith— to the 
Committee on Pensions. 

Also, a bill (H. R. !)(i.)S'| for the relief of James W. Phelps — to 
the Committee on Pensions. 

By Mi'. DICKERSON: A bill (H. R.9657) to provide for low- 
ering the height of a bridge proposed to bj constructed across 
the Ohio River b:_'tween Cincinnati and Covington by the Rapid 
Transit Bridge Company — to the Committej on Interstate and 
Foreign Commerce. 

By Mr. PAYNE: A bill (H. R.9G,59) for the relief of Robert 
M. Crockei', late of One hundred and forty-third Company, Sec- 
ond Battalion, Veteran Reserve Corps — to the Committee on 
Military Affairs. 

By Mr. STONE of Kentucky: A bill (H. R. 9860) for the relief 
of William M. Pus^ell, cf Lauderdale County, Ala., formerly of 
Ti.shomingo County, Miss. — to the Committee on War Claims. 

Also, a bill (H. R. 9(),;i) for the relief of Edward D. Pickett, of 
Seqtiatchie Coimty, Tenn. — to th3.Committ-^e on War Claims. 

Also, a bill (H. R. 9tiii2) for the relirif of William Line, of .lef- 
ferson County. Tenn. — to the Committee on War Claims. 

Also, a bill (H. R.iHi'i.'l) for the relief of John T. Rawlings, de- 
ceased, late of Adams County, Miss. — to .the Committee on War 
Claims. 

Also, a bill (H. R. 9664) for the relief of James A. G.Winston, 
of Adams County, Miss. — to the Committee on War Claims. 

By Mr. WILLIAMS of North Carolina: A bill (H. R. IKl'),-)) for 
the relief of William Rommel — to the Committee on Military 
AfTairs. 



PETITIONS, ETC. 

Under clause 1 of Ride XXII, the following petitions and pa- 
pers were laid on the Clerk's desk and i-cforred as follows: 

By Mr. BRANCH: Paper in regard to the mattei's of fjwt as 
found in regard to the brig Russell — to the Committee on Claims. 

By Mr. CHIPM.-VN: Medical evidence in the claim of Patrick 
Culhan,to accompany bill for relief — to the Committee on In- 
valid Pensions. 



6742 



CONGRESSIONAL EECOIiD— SENATE. 



J ULY 26, 



Also, certificate, etc., to accompany bill for the relief of Julia 
C. Sharps— to the Committee on Invalid Pensions. 

Also, petition of Detroit Stone Cutters' Union, relative to the 
use of convict labor on Detroit public buildings— to the Com- 
mittee on Labor. 

Also, petition of the International Machinist Association, No. 
82, against the use of convict-cut stone in public buildings at 
Deti'oit — to the Committee on Labor. 

Also, resolutions of the International Association of Machinists 
against the use of prison-cut stone in the new public buildings at 
Detroit, Mich. — to the Committee on Labor. 

Also, petition of Orlando B. Wheeler, for the enforcement of 
the metric system of weights and measures — to the Committee 
on Coinage, Weights, and Measures. 

Also, pctitionof Florence Nightingale Association, No.l, Amer- 
ican Federation of Labor 5402, against closing the World's Fair 
on Sunday — to the Select Committee on the Columbian Exposi- 
tion. 

By Mr. CLOVER: Petition of 250 citizens of Wisefield, Kans., 
and vicinity, against* any legislation by Congress in regard to 
opening or closing the World's Columbian Exposition on Sun- 
day, or in any manner committing the Governmentof the United 
States to a recognition of any form of religious belief — to the 
Select Committee on the Columbian Exposition. 

By Mr. CROSBY: Petition of the Labor Protective Union of 
Holyoke, Mass., in favor of keeping the World's Columbian Ex- 
position open on Sundays — to the Select Committee on the Co- 
lumbian Ex]iosition. 

By Mr. DICKERSON: Papers to accompany the bill for lowering 
the lieight of a bridge to be constructed across thc^C&4|yiiKej:. 
at Cincinnati, Ohio, and Covington, Ky., by the Rt^iK^Transit 
Bridg'e Company — to the Committee on Interstate and Foreign 
Commerce. 

By Mr. DIXON: Preamble and resolution of the Portland 
Federated Trades Assembly, denouncing employment of Pink- 
crtons and asking Congressional investigation of troubles in 
Coeur d'Alene, Sho.sbone County, Idaho — to the Committee on 
Labor. 

■By Mr. GANTZ: Petition of citizens of Daa-ke County, Ohio, 
praying for legislatii.m to close the World's Fair on Sunday — to 
the Select Committee on the Columbian Exposition. 

By Mr. HERBERT: Pctitionof citizens of Butlei-County, Ala., 
remonstrating against the passage of the Brosius lard bill, H. R. 
'■i'Xi, and praying for the passage of the Paddock pure-food bill — 
to the Committee on Agriculture. 

By Mr. HERMANN: Petition of Roseburg, Oregon, asking 
thai pensions be provided for those who were Union prisoners of 
war in Confederate prisons— to the Committee on Invalid Pen- 
sions. 

By Mr. MALLORY: Petition of J. Francis Le Baron and 
others, praying adoption of the metric system of weights and 
measures authorized by .act of Congress of July 28, IStiG— to the 
Committee on Coinage, Weights, and Measures. 

By Mr. O'DONNELL: Four petitions of citizens of Michigan, 
as follows: Of 39 citizens of Battle Creek, of 80 citizens of Jack- 
son County, of 82 citizens of Barry County, and of 120 citizens 
of Battle Creek, all jirotesting against any religious legislation 
by Congress— to the Select Committee on the Columbian Expo- 
sition. 

ByMr.SHIVELY: Pctitionof Charles H. Reeve, of Plymouth, 
Ind., concoruing the disposition that should be made of the sur- 
plus public documents— to the Committee on Accounts. 

By Mr. STONE of Kentucky: Petition of E. D. Pickett, e.x- 
eeutor of J. A. Pickett, deceased, of Marion County, Tenn., for 
reference of claim to the Court of Claims — to the Committee on 
War Claims. 

By Mr. TOWNSEND. Resolution of the Lake County Mines 
Assembly, No. 2625, of Leadville, Colo., that no appropriation be 
granted to the World's Fair until agreement is arrived at be- 
tween the managementof the Fair and organized labor in regard 
to the employment of labor— to the Select Committee on the Co- 
lumbian Exposition. 

Also, resolution of the Local Assembly 3218, Knights of Labor, 
of Denver, Colo., to oppose appropriation to the World's Fair 
until agreement is made between the World's Pair Commission- 
ers and the executive board of the Knights of Labor regarding 
the employment of labor at the Exposition — to the Select Commit- 
tee on the Columbian Exposition. 

By Mr. WASHINGTON: Petition of L. B. Austell, of Prairie 
Plains, Coffee County, Tenn., praying Congress to refer his 
Southern Claims (Jommission claim to the Court of Claims under 
the so-called Bowman act — to the Committee on War Claims. 

By Mr. WILSON of Missouri: Petition of surviving soldiers 
and widows of the Mexican war from the Seventh Congressional 
district of Missouri, praying for relief — to the Committee on 
Pensions. 



SENATE. 

Tuesday, July 20, 1802. 

Prayer by the Chaplain, Rev. J. G. Butlek, D. D. 
The Vice-President being absent, the President pro tempore 
took the chair. 
The Journal of yesterday's proceedings was read and approved. 

EXECUTIVE COMMUNICATION. 

The PRESIDENT pro tempore laid before the Senate a com- 
munication from the Secretary of the Treasury, in response to a 
resolution of the ISth instant, relative to the names of persons 
who were owners of property in Fernandina, Fla., at the time of 
the direct-tax sale; which was ordered to lie ou the table. 

PRESIDENTIAL APPROVALS. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of his secretaries, announced that the President 
had, on the 23d instant, approved and signed the following acts: 

An act (S. 726) for the relief of P. B. Sinnott, late Indian agent 
at Grande Ronde Agency. Stats of Oregon; 

An act (S. 1918) to amend sections 2139. 2140, and 2141 touch- 
ing the sale of intoxicants in the Indian country, and for other 
purposes; 

An act (S. 2519) authorizing the Secretary of the Treasury to 
sell certain lands in the city of Springfield and Commonwealth 
of Massachusetts; 

An act (S. 2968) to provide for a May term of the district court 
of the United States for the eastern district of South Carolina; 
j>^Vn act (S. 3011) to amend "An act to define the jurisdiction of 
^le police court of the District of Columbia," approved March 
3, 1891; and 

An act (S. 3406) to accept a bequest made by Gen. George W. 
CuUum for the erection of a memorial hall at West Point, N. 
Y., and to carry the terms and conditions of the same into exe- 
cution. 

EXECUTIVE SESSION. 

Mr. QUAY. Mr. President, it is important that the j^ending 
nomination of a justice of the Su25reme Court should be disposed 
of. For that purpose, and for that purpose only, I move that the 
Senate proceed to the consideration of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After five minutes spent in 
executive session the doors were reopened. 

PETITIONS AND MEMORIALS. ^ 

The PRESIDENT pro tempore presented a resolution of the 
Americus Association L. A., No. .5521, of Brooklyn, N. Y., in re- 
gard to the imprisonment in England of Dr. Thomas Giillagher, 
and praying that steps be taken for his release; which was re- 
ferred to the Committee on Foreign Relations. 

Mr. SANDERS presented a pctitionof citizens of Wolf Creek, 
Mont., praying for the imposition of a tax upon dealers in arti- 
cles to be delivered in the future, such as are covered bj' the 
bill now ijending in the Senate: which was ordered to lie on the 
table. 

Mr. PEFFER presented a petition of citizens of Osage County, 
Kans., praying for the prohibition of the sale of liquor at the 
Soldiers' Home at Leavenworth, Kans.: which was referred to 
the Committee on Military Affairs. 

He also presented a pctitionof 42 citizens of Concordia, Kans., 
praying for the closing of the World's Columbian Exposition on 
Sunday; which was ordered to lie on the table. 

Mr. ALLEN presented a petition of the Ep worth League of the 
First Methodist Episcopal Church of the city of Tacoma, AVash., 
praying for an insertion in the clause making appropriation for 
the Columbian Exposition of a provision preventing the sale of 
intoxicating drinks within the limits of the Fair; which was or- 
dered to lie on the table. 

He also presented a petition of the grand encampment of In- 
dian war veterans, held on the 15th day of .June, 1892, at Van- 
couver, Wash., praying for the extension of the bounty-land 
law for services in the Indian wars, in force prior to the 3d of 
March, 1855, to the 1st day of December, 1857, and that provi- 
sion be made for the payment of the balance of the Indian war 
debt as awarded by Commissioners Grover, Ingalls, and Smith, 
and also for the payment of jjcnsions to till those who participated 
in those, wars, and to their widows and orphans; which was re- 
ferred to the Committee on Pensions. 

He also presented a petition of the Washington State Grange, 
Patrons of Husbandrj', jjraying for the election of the President, 
Vice-President, and United States Senators by a direct vote of 
the people; v>'hich was referred to the Committee on Privileges 
and Elections. 

Mr. PETTIGREW presented the petition of Mrs. E. M. Col- 
ton, and other citizens of Hudson, S. Dak., praying for the pas- 



1892. 



CONGRESSIONAL EECOrvD— SENATE. 



6743 



sago of legislation prohibiting the sale, manufacture, and im- 
portation of cigarettes in the Ijmted States; which was ordered 
to lie on the table. 

REDEMPTION OP NATIONAL-BANK NOTES. 

Mr. SHERMAN. There are two bills which I am directed by 
the Committee on Finance to report, relating to national banks. 
They are House bills, whicli are precisely similar to bills that 
have already received the favorable ccnsidoration of the Finance 
Committee and also of the Treasury Department. As these bills 
are not, I believe, objected toby anybody, and yet are of consider- 
able importance, I ask that they bj read, and if there is no ob- 
jection to them I should like to have them acted upon at this time. 

Mr. CULLOM. I will inquire of the Senator it one of them is 
the bill to which I called his attention some days ago? 

Mr. SHERMAN. It is. ' 

Mr. CDLLOM. I hope it will be passed. 

Mr. SHERMAN. Both bills have passed the other House and 
both have received the sanction of the Committee on Finance. 
Th 'y are both important, and I think no one will object to them. 

The PRESIDENT jji-o /oiyjorc. The Senator from Ohio sub- 
mits favorable reports from the Committee on Finance, which 
will be received. 

Jlr. SHERMAN. I am directed by the Committee on Finance, 
to whom was referred the bill (H. R. (U83) to amend the national- 
bank act in providing for the redemption of national-bank notes 
stolon from or lost by banks of issue, to report it without amend- 
ment. 

The PRESIDENT pro tempore. The Senator from Ohio asks 
unanimous consent that the bill bs now considered. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It provides tliattho pro- 
visions of tlie Revised Statutes of the United States for the re- 
demption of national-bank notes shall apply to all national-bank 
notes that ha\-o been or may be issued to or received by any 
national bank, notwithstanding such notes may have been lost 
by or stolen from the bank and put in circulation without the 
sig'nature or upon the forged signature of the president or vice- 
president and cashier. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

recei\t;rs of national, banks. 

Mr. SHERMAN. I am directed by the Committee on Finance 
to report back favorably the hill (H. R. 7213) to amend an act 
entitled "An act authorizing the apjjointment of receivers of 
national banks, and for other purposes,'" approved June 30, 187G. 

ThcPRESIDENTprofi'iiijjoiT. The Senator from Ohio asks the 
unanimous consent of the Senate that the bill be now considered. 
Is there objection? 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The biU was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

PROMOTION IN THE MARINE CORPS. 

Mr. CHANDLER. 1 report back favorably from the Com- 
mittee on Naval Atl'airs the bill (H. R. 9022) to provide for the 
examination of certain ofBcersof the Mai'inc Corps, and to regu- 
late promotion therein, andl ask for its present consideration. 

The PRESIDENT pro Umpore. Is there objection to the pres- 
ent consideration of the bill? 

Mr. HARRIS. Is it a Senate bill? 

The PRESIDENT pro tempore. It is a House bill. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It provides that here- 
after promotions to every grade of commissioned otlicers in the 
Marine Corps below the grade of commandant shall be made 
in the same manner and under the same conditions as now 
are or may hereafter be prescribed, in pursuance of law, for 
commissioned officers of the Army. Examining boards to de- 
termine the fitness of officers of the Marine Corps for promotion 
shall in all cases consist of not less than five officers, three of 
whom shall, if practicable, bo officers of the Marine Corps, 
senior to the officer to be examined, and two of whom shall be 
medical officers of the Navy. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

AGREEMENT WITH CHEROKEE NATION. 

Mr. PLATT. I am directed by the Coxmnittee on Indian Af- 
fairs, to whom was referred the bill (S. 2870) to ratify and con- 
firm an agreement with the Cherokee Nation of Indians of the 
Indian Territory, to make appropriation for carrying out the 
same, and for other purposes, to submit a report thereon and rec- 
ommend its passage with amendments. 

This is a very important bill. It is to ratify the agreement 



made for the purchase of the Cherokee Outlet. If the ratification 
does not take placa by the 4th of March, 1893, it fails. There- 
fore I will ask the unanimous consent of the Senate 

Mr. VOORHEES. Mr. President 

Mr. PLATT. I a-k the unanimous consent of the Senate that 
the bill be made a special order for the second Monday in Decem- 
ber next. 

Mr. VOORHEES. I have no objection to that. I want to say, 
however, that committees have been reporting here this morn- 
ing, commencing with the Senator from Ohio [Mr. SiikumanJ 
and then the Senator from Now Hampshire [Mr. Chandler], 
passing bills at the expense of the ])roper treatment of the Cal- 
endar. There are Senators her,; who have waited for the last 
ten days regularly every day to get a chance to have bills on the 
Calendar passed, bills that have had the consideration of com- 
mittees, and have been on the Cal(>ndar for months: and instead 
of the Calendar having its proper time it has been crowded out 
by action on measures just such as we have seen her,' this morn- 
ing. I have never been kni)wn to object to thj consideration of 
anyone's bill in this boily, and I have been hero a good many 
years. I never did, and I would not now if the Senator from Con- 
necticut was pressing action for his bill at this time, but there 
being no request for the consideration of a bill before the Sen- 
ate, I give notice that unless the Calendar has a fair chance I 
shall object to this consideration of bills that are for the first 
time reported by committees. 

Mr. PLATT. I do not ask for the present consideration of the 
bill. 

Mr. VOORHEES. I know the Senator does not. 

Mr. PLATT. I simply ask that an orderbs made that the bill 
be considered on the second Monday of December next. 

Mr. VOORHEKS. That is right. 

The PRESIDENT pro Irnqxire. At what hour. 

Mr. PLATT. Two o'clock. 

The PRESIDENT ijro tempore. The Senator from Connecti- 
cut asks the unanimous consent of the Senate that the bill (Si 
2870) to ratify and confirm an agreement with '^he Cherokee Na,- 
tion of Indians of the Indian Territory, to make appropriation 
for carrying out the same, and for other purpo.ses, be marie the 
special order of the Senate for consideration on the second Mon- 
day of December next at 2 o'clock. Is there objection? 

Mr. PERKINS. I do notobject to the request, and only regret 
that the bill can not be considered at an earlier date b;'cause of 
the very great importance of this measure to the peoijle who live 
in that vast area of country. I hope it can be considered at the 
very earliest date possible. 

Mr. MORGAN. I understand the Senator from Connecticut 
has submitted a report this morning in favor of the lull. I do 
not know that I shall object to that report, at least I shall not 
put in a minority report upon it, but I wish to say that the dis- 
bursement of sij large a sum of money aa is covered bv tliis bill 
among the Cherokee Indians is a very .severe temptation to those 
in authority in that nation, and I am not willing to act upon this 
case until the Cherokee Legislatiu-e have passed some lav/ for 
the distribution of the money after it has bsen paid over, so that 
Congress may scrutinize that law and see whether it is likely to 
carry the money to the right ])laccs or whether it is probaljloor 
possible that speculators among the Indians and elsewhjro shall 
line their pockets at the expense of this fund. 

I merely wish to say that I hope the Cherokee Nation, through 
its Legislature, will make a provision of law under which this 
money, when received by them, sliall be distributed into tlie 
hands of the Cherokees individually, or in such manner as they 
see proper, so that we may know exactly what they are going to 
do with it before we vote it. 

The PRESIDENT pro tempore. Is there objection to the re- 
quest made by the Senator from Connecticut? The Chair heai-s 
none, and the special order is entered. 

REPORTS OF COMMITTEES. 

Mr. DAVIS, from the Committee on Pensions, to whom was 
referred the bill (H. R. 701b) granting an inci-ease of jiension to 
Addison M. Copcu, reported it without amendment and sub- 
mitted a report thereon. 

Mr. McMillan. I am directed by the Committee on the 
District of Columbia, to whom was referred the bill (S. 31-t3^UJ— 



amend the charter of the Washington and Arlington Railroad 
Company, to report it with amendments, and I ask for its pres- 
ent consideration. 

The bill was read as proposed to be amended by the committee. 

Mr. VEST. It is impossible for us to toll where the road is 
to run from the reading at the desk. I object to the considera- 
tion of the bill. 

The PRESIDENT pro tempore. Being objected to, the bill 
will be placed on the Calendar. 

Mr. VEST. I want to look into the bill, and I intend to look 



6744 



CONGRESSIONAL RECORD— SENATE. 



JULiT 26, 



at every one of the railroad bills for this District from now on 
as long as I am ju the Senate. 

Mr. PASCO, from the Committee on Claims, to whom was re- 
ferred the bill (S. 70(J) for the relief of the Potomac St-araboat 
Company, I'eported it with an amendment, and submitted a re- 
port thereon. 

He also, from the same committee, to whom was referred the 
bill (H. R. 3^88) for the relief of Samuel Howard, reported it with 
an amendment, and submitted a report theieon. 

T^Ir. MITCHELL. I am directed by the Committee on the Ju- 
diciary, to whom was referred the bill (H. R. 6262) fixing the fees 
of jurors and witnesses in the United States courts in certain 
States and Territories, to report it without amendment. 

I desire to state that this bill is substantially similar to Sen- 
ate bill No. 1S42, which passed the Senate some time since. The 
bill is very short; it occupies a page; it is a House bill, and I ask 
for its present consideration. It is reported unanimously from 
the Committee on the Judiciary. 

The PRESIDENT pro iaiqiore. The Senator from Oregon 
asks the unanimous consent of the Senate for the present consid- 
eration of the bill. 

Mr. VOORHEES. I object. 

The PRESIDENT pro kriipore. Objection being made, the 
bill will be placed on the Calendar. 

Mr. VOORHEES. It is in the interest of the Calendar that I 
object. 

Mr. SAWYER, from the Committee on Pensions, to whom 
was referred the bill (S. 2039) granting a pension to Catharine 
W. Tennis, reported it without amendment, and submitted are- 
port thereon. 

Mr. PETTIGREW. I am instructed by the Select Commit- 
tee on the Quadro-Centennial, to whom was referred the joint 
resolution (S.R. 106) authorizing foreign exhibitors at the World's 
Columbian E.^ijosition to bring to this country foreign laborei'S 
for the purpose of pr.'paring for and making their exhibits, to 
report it with amendments, and I ask unanimous consent for its 
immediate consideration. 
The joint resolution was read. 

Mr. VEST. Has the joint resolution boon modified? 
Mr. PETTIGREW. Vcs, sir. I think it will cover the ob- 
jection which the Senator from Missouri raised to it. 

The PRESIDENT pro tempore. Is there objection to the pres- 
ent consideration of the joint resolution? 

Mr. CARLISLE. Does the Senator from South Dakota an- 
swer that the joint resolution has been modified? 
Mr. VOORHEES. Let it go over, so that we may understand it. 
The PRESIDENT /))o /niiporc. Being object "d to, the joint 
resolution will ho placed on tlie Calendar. 

Mr. CULLOM. May I be allowed to say a word bjfo.e it gets 
out of the control of the Senate? 

The PRESIDENT pro tcniporc. By unanimous consent, the 
Senator from Illinois will proceed. 

Mr. CULLOM. I think some such measure as this is very im- 
portant, if the scope and plan that has been mapped out by the 
World's Columbian Ex position managers is carried out; and what- 
ever is I'.assed at all will have to be acted upon very soon. 

Mr. CARLISLE. The Senator will allow me to say that I 
have no objection to a pi'oper law upim that subject, but "the joint 
resolution as read seems to provide no guaranty whatever that 
these laborers will not remain here continuously after the E.xpo- 
sition is over. 

Mr. C!ULLOM. I understand that the cliairman of the select 
committee has some amendments which he desires to have 
agreed to, which will probably remove all objection. 

Mr. HARRIS. Let the joint resolution go over until to-mor- 
row, and we can look at it. 
Mr. VEST. I object to further debate. It has gone over. 
Mr. SHERMAN. I think if it goes over until to-morrow 
every Senator will see the necessity of passing the joint resolu- 
tion, and also of amending it. 

Mr. CULLOM. I have no objection to its going over, pro- 
vided we can get it acted upon in time. 

The PRESIDENT pro tempore. The joint resolution will be 
placed on the Calendar. 

Mr. CULLOM, from the Committee on Interstate Commerce, 
to whom was referred the bill (S. 33()8) to create a national high- 
way commission, and to prescribe its duties, reported it with an 
amendment. 

BANKING STATEMENTS. 

Mr. SHERMAN. I report a resolution from the Committee 
on Finance, which I ask to have I'ead. 
The resolution was read, as follows: 

Resolved. Tliat* the Secretary of the Treasury be directed to report co the 
Senate at the earliest day practicable — 

Fir.st. The yearly and aggregate amount of taxes collected from each source 
by the United States froiu national bank.s since 1863. 



Second. The amountot taxes collected each year since 1863 from each source 
from State banks or banking associations and savings banks. 

Third. The amount of outstanding circulating notes of State banks and 
banking associations and savings banks each year since 1830. 

Fourth. The number and names of Slate banks, banking institutions, or 
savings banks that have suspended or failed since 1830, and the loss severally 
or stockholders, noteholders, and other creclltorsof said banks. 

Fifth. The number and names of national banks that have suspended or 
failed, and the loss severally to stockholders, noteholders, and other credi- 
tors of each of such banks. 

.Sixth. The distribution by State.s and sectionsof .State banks and national 
banks, banking associations, and savings binks, showing the capital and 
circtilation of each system of banking in each State since 1830. 

.Seventh. The rates of exchange on New York and the current value of the 
circulating notes of State ana national banks as between the State where 
issued and the city of New York from IS'M. 

Eighth. The prevailing rates of interest instate b.ank.s, banking associa- 
tions, savings banks, and national banks since 1830, and the legal rates of in- 
terest prescribed or~authorized by the respective States for the same period. 

Ninth. The net earnings or profit i each year since 1863 or national banks 
arranf^ed by States. 

Mr. SHERMAN. I ask fo:- th3 present consideration of the 
resolution. It calls for a comprehensive statement of our na- 
tional banks since 1863, and of savings banks and State banks 
since 1830. 

Mr. CHANDLER. From whom? 

Mr. SHERMAN. From the Secretary of the Treasury. 

The PRE.SIDENT pro tempore. Is there objection to the pres- 
ent consideration of the resolution? 

The Senate, by unanimous con.sent, pr-oceoded to consider tho 
resolution. 

Mr. COCKRELL. I should like to have just a short explana- 
tion of the resolution. I did not hear the first part. What in- 
formatitm does it call for? 

jAIr. SHERMAN. It calls for information from the Secretary 
of tho Treasury giving a comprehensive statement in regard to 
the circulation, rats of interest, pi-ofit and loss, losses by indi- 
viduals, etc., of the State-banking system and savings banks from 
1,830. and the national-banking system from 1863. It is a resolu- 
tion the Committee on Finance thought proper to present, so 
that the Secretary of the Treasui'y may give tho information. 

The PRESIDENT pro tempore.' The question is on agreeing 
to the resolution. 

The i-esolution was agreed to. 

BILLS INTRODUCED. 

Mr. SANDERS introduced a bill (S. 3175) to provide for the 
construction of a public building at Miles City, Mont.: which 
was read twice by its title, and referred to the Committee on Pub- 
lic Buildings and Grounds. 

Ho aho introluced a joint resolution (S. R. 109) for the pay- 
ment of an account to W. F. Niedringhaus, contractor for fur- 
nishing beef to the Indians; which was read twice by its title, 
and. with the accomimnying papors, referred to the Committee 
on Indian Affairs. 

SELECT COMMITTEE ON RELATIONS WITH CANADA. 

Mr. ALLEN. I submita resolution, and ask for its immediate 
consideration. 

The resolution was I'ead, as follows: 

Jttioh-fd, That the Select Committee on Relations with Canada be author 
ized to continue its investigations, with all the duties and powers authorized 
by the resolutions of the Senate relating to that committee of July 31. 1888; 
December 6. 1888; December 4, 1889; September 23, 1890, and February U, 
1891, during the coming recess, and report to the nextsessiou of the Senate; 
the expenses of such investigations to be paid from the contingent fund of 
the Senate. 

The PRESIDENT pro tempore. The Senator from Washing- 
Ion asks the unanimous consent of the Senate that the resolu- 
tion bj now considered. 

Mr. VOORHEES. I object. 

Mr. HARRI.S. The resolution has to go to the Committee to 
Audit and Control the Contingent Expenses of the Senate. 

Mr. ALLEN. Then I a'^k for its reference. 

Th? PRESIDENTpro tempore The resolution will be referred 
to the Committee to Audit and Control the Contingent Expenies 
of the Senate. 

GRAND TRUNK RAILWAY COMPANY. 

Mr. CHANDLER. I submit a resolution, and ask for its pres- 
ent consideration. 

The resolution was read, as follows: 

\Vhere;ts the Grand Trunk Railway Company, a Canadian corpor.ation hav- 
ing: its executive oftlces in the city of Montreal and its head offices in the city 
of London, i-s the owner of upwards of 4.000 miles of railways, more than 
1,200 miles of which lines are located in the United States traversing in the 
West the States of Michigan. Indiana, and Illinois, and in the East the States 
of New York. Vermoiat. New Hampshire, and Maine, and owning and operat- 
ing the International and .Suspension bridges over the Niagara River con- 
nertiug Canada with the State of New Y'ork. and also the railway tunnel 
under the St. Clair River connecting Canada with the State of Michigan, 
thus bringin.g the lines of this corporation in connection not only with tho 
States above mentioned, but with all the commercial centers of the United 
States: and 

W liereas said corporation has enjoyed in the past and still continues to en- 
jov the privileges to solicit and to ca'rry on business not alone in the inter- 
est of Its American lines, but more especially in the interest of its Canadian 



1892. 



CONGRESSIONAI* RECOBD— SEJVFATE. 



6795 



tliem up, a jDOtato at a time, but I do not s^ie liow that logi- 
cally proves that the price was increased by the tariff. 

Mr. PALMRR. It increased the price. It absolutely increased 
tde price. 
Mr. HISCOCK. Were there foreign potatoes thei-o? 
Mr. P^VLMER. Fo-.'eign potatoes were brought frona Canada, 
from Manitoba. 

Ml'. HISCOCK. My recollection is that those potatoes came 
from Europe. I think they were imported fi-om Ewope during 
that time. 
Mr. PALMER. Oh, they were. 
Mr. HISCOCK. Not from Canada. 

Mr. PALMEK. The tariff, then, took bi-ead out of the mouths 
of these hungry people, and made them i-)ay an extra price. 

Mr. HISCOCK. I remember the discussion we had liere when 
it was insisted that the effect of the tariff' was to increasa the 
price to the oxtentof the tariff upon all of the goods produced in 
thii coiuitry oi the same class and character, the same articles, 
atul som^e one upon, this side asked a question of the other side, 
whethetir that rule applied to potaitoos, and I think it was disputed 
then. 

Mr. PALMER. I speak of a fact within my knowledge. That 
after aU brings me to my principal objection to this delusive 
daetriiie of protoetion. It is a fraud. It is a sham. It promises 
what, no legislation can ever achieve. It is- an attemjit. Ijy tak- 
ing hold by legislation of the varst interests involved in our for- 
eign commerce as well as our domestic production and com- 
merce, to control these mighty conditions: and the i-esult has 
teen that no public good has been produced. My observation is 
that it has enabled particular jxjrsons to accumulate large for- 
tunes. It has no doubt benefited many: but as a fact it is not in 
the power of human legislation to fulfill the promises of the pro- 
tection i>arty. Therefore I take it that the Demoei-atic doc- 
Uine that tariffs shall be levied for revenue only furnishes the 
only solid, sensible ground for the imposition of tariff' duties 
upon imports, because we have seen that these efforts are falla- 
cious. I shall not trouble the Senate now with an attempt to 
show the particular conditions and circumstances all over the 
country where the protection jjolicy has failed. It is a signal. 
outrageous, shamefid failure. The "only surprising thing to my 
mind is that men still talk about it as having in it any element 
of good. Is this coimtry of ours, with 05,000,000 inhabitants, 
which has just commenced its career pi-actieally of the commer- 
cial domination of the world, to still consent to wear- the shaekles 
of childhood'? 

I tell you, Mr. President, in my judgment the remedy for our 
condition is not to attom|3t to build a Chinese wall around us 
and secure a little two-penny protection for some two-penny in- 
terest as compared with the whole product of the country. ' 

That is not the policy of a great nation like ours. It'is that 
we look abroad over the world with our O'), 000,000 inhabitants, 
with resources that have no example in history. No country 
in the world has the resources of this, and instead of adopting 
this timid policy, let us seek the commerce of the world. Let 
us have the largest freedom of trade, the largest freedom of in- 
dustry. I venture to say that that will be the solution of this 
trouble very soon. The old policies that existed years ago are 
l>assing away with the old men and with the wolves, and the 
Ijeai-s, and the Indians, and new policies are being inaugurated 
Ijased upon the present condition of this magnificent continent 
which the North Americans will at no distant day dominate. 

Mv. HISCOCK. I move that the Senate proceed to the con- 
sideration of executive business. 

The PRESIDENT pro tempore. The Chair understands that 
the resolution was taken up for debate only. It will lie on the 
tabic. The Chair lays before the Senate the imfinished busi- 
ness. 

The Chief Clekk. A bill (H. R. 7815) defining " options" 
aaid ''futures." imposing special taxes on dealers therein, and 
requiring such deiilers and jjersons engaged in selling certain 
products to obtain license, and for other purposes. 

The PPwESIDENT pro tempore. The question is on the mo- 
tion of the Senator from New York [Mr. Hiscock]. 

Mr. DAVIS. I hope the Senator from New York will with- 
draw that motion for a few moments. 

The PRESIDENT pro tempore. Does the Senator yield to the 
retjuest of the Senator from Minnesota? 

Mr. HISCOCK. I yield. 

MESSAGE FROM THE HOTTSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House had agreed 
to the report of the second committee of conference on tlie disa- 
greeing votes of the two Houses on the amendments of the Sen- 
ate numbered 18, 44, 78, and 109 to the bill (H. R. 9284) making 
appropriations to supply deficiencies in the appropriations for 



the fiscal year ending Juno 30, 1892, and for prior yeaa.-s, and for 
other purposes. 

The message also announced that the House had agreed to the 
report of the committee of conference on the disagreeing votes 
of the two Houses on the amendment of the Senate to the bill 
(H. R. 8122) to prohibit the use of one-horse cars within the limits 
of the city of 'V^ashington, after the 1st day of Januai-y, 1893, and 
for other purposes. 

The message further announced that the House had passed a 
bill (H. R. 7726) reserving from entry certain lands in Oklahoma, 
and for other purposes; in which it requested the concurremio 
of the Senate. 

The message also announced that the House had passed tho 
biU (S. 267) for the presei-vation of the public peace and the pro- 
tection of property within the District of Columbia. 
ONE-HORSE CAKS IN -WASHINGTON. 
Mr. MCMILLAN submitted the following report: 
The committee of couference ou the dLs.^greeing votes of the two Ho<»ses 
on the luneiidmenls of the Smiatc to tho bill (H. It. Hisay ,aii -Act to nroliibit 
the use ot oiip-horse cars within ihc limits of tho city of Waahinston after 
the 1st day ot J;umaj!y, I8y3, and for othw purpose.s," having met. atter- full 
p.ud free fonfei-ence havo agreed to recommend ;tnH do recommeuJ. to their 
respective Hoiise.s as follows: 

That the House recede from its disagreemeaS to the amendmcHt of the 
Senate and a^'ee to the aajiBS. 

JAMES MCMILLAN. 
B. W. PEKIi:iNS. 
ISHjVM G. ilABRIS. 
ilanagers on tli£ part of tht Hamtis. 
,TNO. T. HBAKD, 
J. li. C0HI5, 
P. S. POST. 
Managers 07i the part of the House. 

Tho PRESIDENT pro tempore. The report requires no ac- 
tion on the i)art of the Senate. 

BUILDING STONE ON PUBLIC LjVNDS. 

Mr. PETTIGREW submitted tho following report: 
Thecommdttee of conference on the ilisagreeius votes ot th« twoHotaes 
on the amendments of the House to the bUl (.S. 12;;i) "to authorize the entry 
of l-.iuds chiefly valuable for building stone imder the placer-miuin'4 \a,\v9." 
having.- met. after full .and free conference have asreed to recouuneud ami do 
recommead to their respective Houses as follows: 

That the Senate recede from tta disagreement to the am.eniimeats q£ the 
House and agree to the same. 

■WM. M. STE-WART, 
H. F. PETTIGREW, 
WM. B. BATE. 
Managers on the pari of the S.-nalf. 
THO. C. McRAE. 
J. W. BAILEY, 
MoMigers on the part of the Uoase. 
The report wa^ conciu-rcd in, 

PENSIONS TO AEMT NURSES. 

Mr. DAVIS. I ask unanimous consent that the Senate pro- 
ceed to the consideration of the bill (H. R. 7294) granting pen- 
sion to army nurses. ° 

There bein^ no objection, the Senate, as in Committee of the 
■WTiole, proceeded toconsider the bill, which had been reported 
from the Committee on Pensions with an amendment, to strike 
out all after the enacting clause and insert: 

That aU women employed by the Surijeon-Geueral ot the Army as utirses, 
under contract or otherwise, during the- late war of the rebellion, or who 
were employed as nm-ses durinij such period bv authority which is recog- 
nized by the War Department, and who rendered actu:a service as nm-ses in 
attend.ance upon the sick or wounded in any regimental, post.camp orgeu- 
eral hospital of the armies of the United States for a period of six months 
or more, and who were honjwahly relieved from such serrtce, or who, prior 
to the completion of such term of service, were disabled in such service and. 
honorably i-elieved by reason ot such disability, and who are now or may- 
hereafter be tmable to earn a support, shall, upon maldng due proof ot the 
fact according to such rides and regulations as the Secretary of tho Interior 
may provide, be placed upon the Ust ot pensioners of the United States and 
be entitled to i-ecelve a pension ot S|-2 per month, and .such pension shaU 
commence from the date of the filing of the application in the Pension Office 
after the passage of this act: Provided, That no person shall receive more 
than one pension for the same period. 

Sec. 2. That no fee, compensation, or allowance shall be paid to. received, 
or accepted by any agent, attoi-ney, orother pei-son instrumental in the pros- 
ecution ot any claim for pension under this act; .and any person who may 
make any claim upon any applicojit for any fee, compensation, or allowance 
shall be guilty of a misdemeanor, and upon conviction shall be lined not es- 
ceedmg $500, or imijrisoned at hard labor not exceeding one year, or both, in 
the discretion ot the court: and it shall be the duty of the Interior and War 
Departments to render all proper aid to applicants under this act. 

The PRESIDENT pro tempore. The question is on the amend- 
ment proposed by the Committee jOn Pensions in the nature of a 
substitute. 

Mr. BERRY. Does that propose to pay a pension of $12 a 
month to nursesduring the late war'? Does it apply to all nm-ses'? 

I\Ir. DAVIS. No; it grtmts a pension to all nurses who, under 
contract or authority from the oiBce of the Sui-geon-General or 
other recognized military authority, served for six months and 
wore honorably discharged. It also grants a pension to those 
who did not serve so long, but were disabled in the course of 
duty. It confers this jjension only upon those who are in need 
and dependent upon their own exertions for support. 



6796 



CONGRESSIONAL RECORD— SENATE. 



July 26, 



Mr. BERRY. First, do I understand the Senator to say that 
all those wlio wero employed by the Surgeon-General and had 
been lionorably dischar-jcd are to get a pension absolutely 
whether they are disabled or noty Is it a service pension to that 
class? 

Mr. DAVIS. It is not a service pension. They must bo de- 
pendent upon their own exertions for support. 

Mr. BERRY. If I understand the Senator's statement, the 
difference between those who served for six months and those 
who served for a less time 

Mr. DAVIS. Those who served loss than six months can only 
get a pension in case they became disabled in the service. 

Mr. BERRY. How as to the others^ 

Mr. DAVIS. They must have served six months and be de- 
pendent upon their own exertions for a livelihood. 

Mr. BERRY. If they are dependent they get the pension 
whether disabled or not. Is that correctV 

Mr. DAVIS. Certainly. 

Mr. BERRY. Do I understand the Senator to say they get the 
pension whether disabled or not? 

Mr. DAVIS. The persons who served six months and are de- 
pendent upon their own exertions for support get $12 a month 
whether disabled or not. 

Mr. BERRY. Then it Is a service pension to those who are 
unable to make a living? 

Mr. DAVIS. The Senator's abstract curiosity having been 
satisfied, I suppose it is. 

Mr. BERRY. At $12 a month'? 

Mr. DAVIS. Yes, sir. 

Mr. CULLOM. The bill passed the Senate once before. 

Mr. DAVIS. Thq same bill passed the Senate two years ago. 

Mr. BERRY. Is this a House bill? 

Mr. PADDOCK. Yes, and the substitute reported is more 
carefully guarded than was the bill as it came from the House. 

Mr. GALLINGER. The bill reported is a substitute for the 
bill as it came from the House, which is the same bill that jjassed 
the Senate in the last Congress. 

Mr. BERRY. I can not help what passed in the last Congress, 
so far as my own vote goes. There are a great many bills which 
passed the Senate and the other House, too, during the last Con- 
gress for which I was not responsible. 

It seems to me a strange proceeding that these persons, who 
are not soldiers, should be put upon the pension roll at $12 a 
month, while the old soldiers who served long before these serv- 
ices occurred were only put on the pension roll at $S a month. 
That is one thing that I can not understand about it. 

It seems to me also that there can be no justice in placing per- 
sons upon the pension roll who were not soldiers, but were simply 
nurses during the late war. I can not see by what rule of jus- 
tice or equity a claimant can be put upon the pension roll and 
continued there to increase the enormous pension list which we 
already have. 

Something' over two years ago when the bill which the Sena- 
tor from Minnesota [Mr. Davis] had in charge passed, I stated 
that, in my opinion, if that bill became a law, inside of three 
years the cost of pensions to this Government would be $iriO,- 
000,000 a year, and within five years it would reach the enor- 
mous sum of $200,000,000 annually. Wlien I made that state- 
ment the Senator from Minnesota ridiculed the idea, and said 
that it could not amount to any sucti sum, that it would never 
(as I remember his speech) I'each $150,000,000. Yet to-day ithas 
reached $150,000,000, and the present Commissioner of Pensions 
boasts that he has been putting pensioners on the rolls at the 
rate of one for every twenty-two seconds during the last year, 
as I remember the statement, and there is not a Senator on this 
floor who doubts that within the next two years it will go to the 
sum of $200,000,000 annually. 

Not satisfied with this, they are seeking to increase that list 
now by attaching to it persons who wero not soldiers; who 
were simply nurses during th(3 war. How far that principle may 
extend, as to what numbers maybe able to prove that they acted 
in the capacity of nurses — and this bill applies to some I under- 
stand who wero not appointed by the Surgeon-General — no man 
can tell and no one can l^now. 

The proposition is to place these nurses on the roll at $12 a 
month, and I appreliend that if the Ro]niblicaii party is con- 
tinv'.ed in jjower and we have the same Pension Committee we 
have now when these nurses are placed on the roll the effort will 
be made to increase these pensions from $12 to $15 a month. 

I know, Mr. President, it is said that it is not popular to speak 
against any class of pensions which any individual may come be- 
fore Congi-ess and ask, but it seems to mo that there ought to be 
some limit, there ought to te some time when this exjjense is to 
be discontinued, and we ought not to be adding additional classes 
year by year until the pension list is almost bankrupting the 
country in which we live. Senators know to what extent it is 



going, but what the end will be no man can tell unless a check 
is put on this system somewhere. 

I am opposed to pensioning army nurses. Tliese ladies, it 
may be true, did many acts of kindness, and Senators can make 
an appeal for them with great sympathy, but there is no prece- 
dent in the past for pensioning tliem, and I venture to say that 
there is no country in the world where any, save and except 
those who were actual soldiers, are 'ever put upon the pension 
roll. I, for one, am opposed to the bill. 

Mr. GRAY. I do not exactly understand the ground upon 
which this bill is advocated, or why army nurses should be se- 
lected out of a great number of worthy women, noble women, in 
this ooimtry who are daily making their business in life that 
of ministering to the sickness and distress of humanity. 

It I understand tlie rationale, the raison cVctre of the jiension 
law and the pens-ion system of tlie country, it is that the soldiers 
who performed service in the Army, taking their lives in their 
hands, risking life and limb, have performed an extraordinary 
service, which the country properly recognizes by protecting 
them from want by moderate pensions where they are disabled 
or where, in case of service pension, they have become old or 
where they are unable to support themselves. But the duty and 
sei'vice performed by an army nurse differs in no respect from 
that performed daily by the worthy women in our hospitals who 
are day and night ministering to the sick, disabled, and wounded 
who need their kind and womanly ministrations. The service 
of a nurse in an army liospital does not differ in iieril from the 
services of women to-day who in this city and in every city of 
the land ai'e performing like services; and the great body of 
trained nurses in this country have just as much groimd for ap- 
peal to the American people to pension them when they become 
unable to earn their living, or are disabled from any cause, as 
these worthy women who are now sought to be placed on the 
pension rolls of the country. I do not depreciate their patriot- 
ism nor detract at all from what is due to them on account of 
the services they have rendered; but they stand apart from every 
reason that is urged in favor of a pension. 

I see no reason why the labor of the country, why the woman 
who works for her living at her sewing machine early and late 
should contribute any portion of her earnings, however small, 
to support her sister who lias done a service no more worthy and 
no more deserving of regard than that which she herself is per- 
forming. It is different with the pension of a soldier. 

I know how many things go to the support of an application of 
this kind. It appeals to the chivalry and appeals to the gal- 
lantry of the men of the country, and we are all willing to do a 
kindness for these people; but we are doing it not out of our 
pockets, but out of the pockets of the American people. We are 
trustees here of an express trust, and have no right to dissipate 
in this way the fund with the protection of which we are charged, 
however small the item may be. 

I therefore am opposed to the passage of this bill, however 
unpopular such a position may be. Although the amount of 
money may be small, it is opening up a line of conduct in regard 
to the pension business which will plague us in the future. I 
agree with what the Senator from Arkansas [Mr. Berry] has said. 

Mr. DAVIS. Mr. President. I had sincerely hoped that the 
necessity would not devolve upon mo of saying anything in sup- 
port of this measure. It is known to some that I risp to a<idresa 
the Senate with grtat reluctxince on all occasions; and inasmuch 
as session after session since I have had the honor to hold the 
very onerous position of chairman of the Committee on Pen- 
sions we have been passing individual bill after individual bill, 
putting these women on the pension roll by name in each special 
case without objection; and e.speciallj' considering that this 
same bill pa.s.sed the Senate two sessions ago after much discus- 
sion, I had hoped not to hear the character of obje^'tions which 
have been advanced against it. 

Mr. President, those who have had opportunity to know are 
fully aware that Ifliere is a vast difference, inappreciative to the 
Senator from Delaware, between the services which nurses in 
civil life perform in city hospitals and the services of those 
women who followed our Army into the field, who were the very 
angelsof battle and desolation. Theservicesof those two claoses 
of women can not be for a moment compared. In civil life the 
whole ranks of womanhood are drafted upon to render that care, 
but in the Army they were "like angel visits, few and far be- 
tween." They were implored by those in the front to come and 
render their service of benefaction and care. They did not do 
it in the bosom of peace; it was done sometimes under fire, in 
hospital tents, under every disadvantage, rendering to the sick 
and wounded soldiers those ministrations of mercy which come 
from none but women's hands; and not only to the soldier of one 
side, but to the soldier of both indiscriminately. In the hos- 
pitals he was clad in the blue and he who was clad in the gray 
received their ministering care. 



1892. 



CONGRESSIONAL EECORD— HOUSE. 



6827 



to look upou the most marvelous nation which has existed since 
creation's dawn. The gentleman from Ohio [Mr. Outhwaite] 
says that it is a mere private corporation asking this aid. He 
overlooks the fact that the National Commission created hy Con- 
gress is urging this appropriation that the Exposition may bo 
all that the people of this country demand it shall be. 

Some gentleman says: '• How about the Constitution?" Asto 
the constitutional qviestion I will say, let the gentlemen thus 
solicitous settle that question when they vote for river and har- 
bor bills, and for other enterprises which are not recognized 
spccitically by name in the Constitution. There may be ques- 
tions of that kind raised here by some gentlemen, but I am not 
going to argue tlicm. The clause of the Constitution providing 
for the expenditure of public moneys for the general welfare of 
the United States is sufficiently broad to include this great un- 
dertaking. This House, the Senate, and the President evi- 
dently so construed it when the law was passed establishing the 
National Commission and appropriating money therefor. The 
Exposition being a public enterprise and for the benetit of the 
whole people, is clearly within the scope of the Constitution a!id 
noi v/ithiu its inhibition. 

it is insisted thntChicagowillreceivebonefitfrom the World's 
Pair. This is conceded. The same applies to the improvement 
of every river and harbor and every public work in the country. 
The i^eoplc living in the vicinity where public improvements 
are made receive largest behefits. This, however, does not ren- 
der it improper on that account to make the improvement. The 
legitimate purpose of any expenditure of public money is that it 
be primarily for the benefit of the people. That individuals or 
municipalities may reap incidental benefits can not be urged 
against it. To do "so would defeat every public improvement. 

It will hardly be seriously contended that the great Exposi- 
tion to commemorate the four hundredth anniversary of the 
discovery of the New World and display the achievements, pres- 
ent great ])owor, and future illimitable possibilities of this mod- 
ern Hercules among nations is not chietly for the public welfare 
of our country. That conceded and other considerations must 
inlluence gentlemen in denying Government aid at this time. 

It has been clearly shown that Chicago has done more than 
she agreed. Few cities could or would have done as much. 
More than ten millions have been provided. Illinois has appro- 
priated $SO0,OO0. Much of this, probably about one-third, comes 
out of the taxpayers of Chicago. Now, to carry on the prepa- 
rations on the scale prescribed by the Federal Commission and 
to meet the reasonable and just expectations of the most pro- 
gressive of peoples, even more than these large sums raised by 
Chicago and Illinois is absolutely demanded to insure such suc- 
cess as alone would comport with our dignity and greatness. 

It is sincerely to be hoped, Mr. Speaker, that gentlemen will 
rise above questions of mere local consideration and vote the as- 
sistance so imperatively demanded, that this Exposition may 
truly display the greatness of our great country. 

Mr. BINGHAM. I yield ten minutes to the gentleman from 
Louisiana [Mr. Boatner]. 

Mr. BOATNEK. Mr. Speaker, I understand the objections to 
this appropriation are twofold: First, that we have no power 
under the Constitution to appropriate money for purposes of this 
kind; next that if we have constitutional power, we ought not 
to exercise it. I propose, Mr. Speaker, to discuss these two ques- 
tions in their inverse order. The argument made bj' gentle- 
men who cite the declarations of members from lUinoisand Chi- 
cago in the last Congress that Chicago would not ask any ad- 
ditional appx-opriation, but would be perfectly satisfied if the 
Government would ptu' the expense of its own exhibits, would 
be overwhelmingly sufficient as a reason why we should not vote 
this appropriation if this were a Chicago fair. But, Mr. Speaker, 
it is not a Chicago fair. This is not a question which affects the 
local interests of the city of Chicago, or even of the State of Illi- 
nois. It is an international exhibition, to which the Government 
of the United States has invited the nations of the world. 

It is an exhibit to which the nations of the world have been 
invited by the President of the United States, acting pui'suant 
to the authorization given to him in a special act of Congress, 
and for this reason, sir, the Congress of the United States can 
not shirk its duty in respect to this international exhibit, because 
of the fact that some members in this House from the city of 
Cbicago declared on this floor that that city would ask no addi- 
tional aid from the General Government. Considering' as I do 
that the national honor is concerned in this matter, and that it 
shall be the greatest international exhibit of the age, which it was 
intended to be, and which gentlemen opposing it hero on this 
floor say they want it to be, I, sir, feel it to be a duty on my ])art, 
and the duty of this Congress, to give to its assistance all of the 
aid that is neceseary. 

Again, sir, something has been said alx)ut the politics of the 
situation. The delegates from the States of the gentlemen who 



are hero opposing this proposition voted in the city of Chicago, 
in tlie formation of a national Democratic platform, in favor of a 
declaration that Congress should extend whatever aid may be 
necessai-y to make tliis international exhibit a success. So that 
even from a party standpoint the party is committed to it. In 
my judgment it ovight to be treated as a nonpartisan question, 
one in which the Uemocratio party should do its duty to tho 
whole country by promoting and carrying to a successful con- 
clusion a celebration, an international exhibit in which all parts 
of the country are equally interested. That is all I desired to 
say upon that particular branch of the subject, and I will now 
address myself to tho question of the constitutional power of 
Congress to make this appropriation. 

Mr. Speaker, many Democrats, I regret to say, are as much 
afraid of what is known as the general- welfare clause of the Con- 
stitutionasamoon-eyed horse is of a stumponthei-oadside. They 
do not want to talk about it, or admit that there is any force 
or otTect in it. They do not want to admit that tho language 
means anything or is entitled to any force in tho determination 
of tho powers which exist in Congress under the Constitution. 
I am not one of thom, and take the Constitution as it is, not as 
some think it ought to have been, and propose to give offoct to 
every line and sentence it contains. The fact is, that the arti- 
cle in which it is to be found, the taxing clause, was originally 
reported without tliese words. It originally read: 

The Congi'ess shall hare power to lay and collect tSLxes, duties, Imposts, 
and excises to pay the debts and provide for the common defense of the 
United States. 

That article was amended so as to read: 

Sec. 8. The Congi-ess shall have power to lay and collect taxes, duties, im- 
posts, and excises, to pay the debts and provide foi'tlio common defense and 
general welfare of the United States. 

And then follow, Mr. Speaker, the paragraphs of section 8 
enumerating tho powers conferred on the General Government 
specifically. It was insisted for a long time, and is now contended 
by some political writers, that the power of ajjpropriation is 
limited under the Constitution to the execution of tliose powers 
which are specially conferred on the Congress of the United 
States. But as stated bv Mr. Madison, in referring to this arti- 
cle of the Constitution, if that bo the correct construction, it ab- 
solutely eliminates the potent words which were added to tho 
article' by the framers of the instrument themselves. If such 
construction is to be adopted, all of the meaning, force, and effect 
of the words " and general welfare of the United States " placed 
in the article by the founders of the Government are removed. 

It is argued on the other hand that this is an independent grant 
of power. If that contention were correct, the other grants of 
power would be entirely unnecessary; Ijeoause this grant would 
embrace all enumerated powers and Congress would have the au- 
thority to enact such legislation in that line as it thought would 
provide for the common defense and general welfare. It seems to 
me, sir, that the true and proper construction of the words is that 
they were designated as a limitation or direction of the taxing 
power — alimitationof the taxing power which carries with it the 
power of appropriation — "to pay tho debts and provide for the 
common defense and general welfare of the United States," and a 
direction of the taxing and appropriation power to the same ob- 
jects and purposes. 

Giving it this construction we reach the intention of the fram- 
ers of the instrument themselves, to confer on the Congress the 
power to deal with the immense number of questions which it 
was foreseen would arise, and which are not covered by the ex- 
press grants contained in tho succeeding paragraphs of the Con- 
stitution, but which do provide for the common defense and 
general welfare of the United States. 

Mr. BAILEY. Will the gentleman allow me to ask him a 
question? 

Mr. BOATNER. Certainly. 

Mr. BAILEY. I desire to ask this question of the gentleman 
from Louisiana: Conceding that the power to appropriate the 
public moneys is as unlimited as he asserts, how will ho answer 
this point, that this is not an appropriation but a loan; or rather 
it makes the United States a stockholder in this Illinois cor- 
poration'r' 

Mr. BOATNER. Well, Mr. Speaker, I have not contended 
or argued that tho power of taxation is unlimited, or that the 
power of appropriation is unlimited. 

Mr. BAILEY. I say, unlimited, as you argue. 

Mr. BOATNER. I say that no authority for appropriation is 
to be found, except in the taxing clause of the Constitution, and 
that the taxing clause of the Constitution imposes the same lim- 
itation upon the power of appropriation as it does upon the power 
of taxation. As we have no power to levy taxes except to pay 
the debts and to provide for the common defense and the general 
welfare of the United States, so we have no power to appropri- 
ate the money thus levied except for the same purposes; and tho 



6828 



CONGRESSIONAL RECORD— HOUSE. 



July 26, 



limitation in the Constitution to which I call the gentleman's 
attention is a limitation addressed to legislative, discretion and 
to the consciences of the legislators. The question then, under 
my construction, would be whether the object of this appropri- 
ation is one which provides for the general welfare of the United 
Stati's. If it is, why, it is a legitimate and proper subject of legis- 
lative appropriation. If it is not, then the limitation in the Con- 
stitution would prevent us from making any appropriation in its 
aid. 

Now, answering the question of the gentleman from Tc.\as [Mr. 
B.mley], I say that it is an elementary rule of construction that 
the greater always includes the less, and as we have the unques- 
tioned power under the Constitution to make an absolute donation 
of any amount of jniblic money which we see proper to this en- 
terprise, and to this Exposition at Chicago, we have for the same 
reason the right to give aid upon any terms which we may dic- 
tate. We have the right to loan upon terms; we have the right 
to give upon terms, or we have the right to appropriate out^ 
right. 

Now, my friend from Alabama [Mr. Oates], in an argument 
which he addressed to this House a few days ago, has placed this 
aporopriation upon the line and the level of the demand of cer- 
tain ot our fellow citizens, who desire the Government to open a 
general mortgage ollice and loan money upon all the real e.sta,t3 
in the United States, and a great pawnshop to loan monjy upon 
all the corn, oats, wheat, cotton, etc., which may be present'i'd; 
and he says that if we make this appropriation to the World's 
Fair at Chicago, we will bo unable to answer the demands of 
those who advocate those measares, because, he says, if we have 
the authority to loan to the Chicago E.xijosition without secur- 
ity, we have, for a stronger i-eason, the authority to loan to the 
farmer upun the security of his products, 

Mr, Speaker, it ajipeai's to me that the gentleman has entirely 
ignored the essential difference which is created by this limita- 
tion of power in the Constitution, or it seems to have escaped his 
attention; and that is. that the United States may raise money 
by ta.xation, in order that it may pay the debts and provide for 
the common defense and the general welfare of the United States; 
and the limitation is that this money shall be appropriated to 
those objects of public utility which promote and provide for 
the general welfare; the dividing line being, does the |)ropnsed 
appropriation address itself to the promotion of individual gain 
and profit, or is it a matter of puljlic concern, not in^isjlStStrtB 
put money into the pocketsof individualsV If the former, under 
the limitation upon the taxing and appropriating power, we can 
not give the aid; if the latter, it is nut only our right but our 
duty to do i-o. 

Therefore, as this Exposition is a matter of national and inter- 
national importance; as wo liave invited the nations of the world 
to come and see the advances which we liave marie in science, 
art, manufacture, and agriculture; as we have invited them to 
bring to us the evidences of their advances in the same lines; as 
it is in the promotion of commercial intercourse and tlie general 
interchange of commodities between other nations and our own 
country, it is not a private matter, it is not for priva'e and in- 
dividual gain, but is one ot those objects of public concern, in 
providing for which we provide for the general welfare of the 
United States. 

In the brief time allowed me it is impossible to discuss so im- 
portant a question freely or as I should like to do. The State 
which I have the honoi' to represent in part has for years asked 
legislation on tlie broad lines I have indicated, and It has been 
granted. But for the beneficent legislation of Congress in grant- 
ing us appropriations to assist us in preventing disastrous floods, 
large areas of my State and the Mississijipi Valley would b_' un- 
fit for human habitation. We have found the power to protect 
that great valley from the ravages of the floods which would 
otherwise destroy it, and I can not adopt a rule of construction 
as applicable to Chicago which would be destructive if applied 
to the Mississippi. 

[Here the hammer fell.] 

Mr. BINGHAM. I yield three minutestothe gentleman fi-om 
Pennsylvania |Mr. O'Nl^lLl.]. 

^ Mr. O'NEILL of Pennsylvania. Mr. Speaker, the constitu- 
tional question which has been referred to by the gentleman 
who last addressed the House need not be raised at all. Con- 
gress has voted aid, both in the way of loans and in the way of 
gifts, to such expositions as this. The parties who were man- 
aging the Philadel])hia Centennial Exposition supposed Con- 
gress had given a million and a half of dollars to that enterprise; 
but through the interiiosition of Mr. Springer, a member from 
Illinois, there were words incorjiorated mto the act which were 
afterward construed by the Su])reme Court of the United States 
to mean that the million and a half was a loan and that it must 
be paid back. 

Next we a]iprop;iated $l,(iO;i,( 0) to the Exposition at New Or- 
leans. I am quite sure that the wording of that act was ''a 



loan," and yet it has turned out to be a gift. You have heai-d 
of no one endeavoring to have that money paid back. No offi- 
cer of the Government and no mtmber of Congress has volun- 
teered to go into the Supreme Court of the United States to 
test the question, and so we have made both a loan and a gift, 
practically; and I do not doubt the power of this House to make 
this a gift. I proposed that it should be a loan, and I am sorry 
to say that but few members voted for my amendment. The 
Centennial Board of Finance, which was the body of men that 
made that Exposition the great success that it was, came here, 
session after session, until within a lew years past, and asked 
Congress to repay the million and a half to that Centennial 
Board of Finance, They did not give it up until at last they 
became satisfied that Congress would not do it. The affairs of 
the Centenntal Board of Finance were wound uj) a few weeks ago 
by act of Congi'ess and by the signature of the President. 

Now, the State of Illinois is to be congratulated upon the fact 
that the entire membership from that State favors this apjjro- 
priation. Upon the vote the State of Pennsylvania at that time 
showed five members against it, and it had a great effect upon 
carrying the Springer amendment, I voted that this Ex]K)si- 
tion should be in Now York, not because I felt any sting at the 
action of Mr, Springer years ago in this House, but because it 
was nearer to Philadelphia, It woidd have been within 90 
miles of the city of Philadelphia, within two hours' ride by two 
great railroad lines, and because of that Philadelphia would 
have profited indirectly by its being held in New York, I may 
say at last I am happy it went to Chicago; that it went to an en- 
terprising, courageous people, who will make it a success; and 
to day I am ready to vote the money, to make it a gift, as I can 
not have incorporated in the bill that it shall be a loan. I hope 
that this House will stand by the Senate amendment. 

MESSAGE FROM THE PRESIDENT. 

A message li'om the President, by Mr. Pruden, one of his sec- 
retaries, announced that the President had approved and signed 
bills and joint resolutions of the following titles: 

On .luly 2.3, 1892; 

An act (H. R. .")997) to amend section 2 of an act approved May 
14, 1880, being " An act for the relief of settlers on public 
lands;" 

An act (H. R. 8.579) to amend an act entitled " An act to in- 
rate the Brightwood Railway Company of the District of 
CoTlirabia;'' 

An act (H. R. 5440) to provide for the care of dependent chil- 
dren in the District of Columbia, and to create a board of chil- 
dren's guardians; 

An act (H. R. 110.''>) for the relief of Henry S. Cohn, late of the 
One hundred and sixth Ohio Volunteers; 

An act (H. R. 349ii) for the relief of A. S. Lee; 

An act (H. R. 2370) for the i-elief of Nathaniel Lang; 

An act (H. R. :!:il0) for the relief of .Jerome H. Biddle; 

An act (H. R. 5091) to amend an act to authorize the construc- 
tion of a bridge across the Tennessee River, approved August 
9, 1888; 

Joint re.solution (H. Res. 80) authorizing the acceptance of 
medals present<id to the officers and crew of the United States 
steamship Baltimore by the King of Swederr; 

An act (H. R. 9324) to enforce reciprocal commercial relations 
between the United States and Canada, and for other purposes; 

An act (H. R. 2100) for the relief of .Talius C. Zanone, only heir 
of .John B. Zanone, late of Mound City, in Pulaski County, 111., 
decea-ed; 

An act (H. R. 6073) to authorize the Postmaster-General to 
provide mail service, and for other purposes; and 

An act (H. R. 6142) for the relief of .1. D. King. 

[Note. — The following bill having been presented to the Presi- 
dent on the 12th instant, and not having be^n returned by him 
to the House of Congress in which it originated within the ten 
days prescribed by the Constitution, has become a law without 
his appi-oval.] 

An act (H. R. 12,39) for the relief of the Mobile and Girard Rail- 
I'oad Company. 

ENROLLED BILLS SIGNED. 

Mr. WARWICK, from the Committee on Enrolled Bills, re- 
ported that they had examined and found truly enrolled bills of 
the following title.-^; when the Speaker signed the same: 

A bill (H. R. 6183) to amend the national-bank act in providing 
for the redemption of national-bank notes stolen from or lost by 
banks of issue; and 

A bill (H. R. 9022 to provide for the examination of certain of- 
ficers of the Marine Corps and to regulate promotions therein. 
MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr, McCoOK, its Secretary, 
announced that the Senate had agreed to the rejjort of the com- 
mittee of conference on the disagreeing v.:tes of the two Houses 



1892. 



CONGRESSIONAL RECORD— SENATE. 



6831 



inittco on AgricuUure and Forestry acoompanyius the same, te printed and 
placed in the document room of the Senate for the use of the Sonatorjj, l.OUO 
copies of which unmlHT shall be for distribution by the Committee on Agri- 
culture and li^orestry. 

GOVERNMENT PRINTING OFFICE SITE. 
Mr. MANDERSON, f i-om tho Committee on Printing', reported, 
the following resolution: which was referred to the Committee 
to Audit and Control the Contingent Expenses of the Senate: 

J!(Solvecl That the Committee on Printins be, and is hereby, authorized to 
.sit dnring the coming recess for the performance of any and all duties devolv- 
ing upon it under the law, and for the purpose of continuing investigtition 
tmder concurrent resolution of March 9, IS'ja. with a view to the selection of 
a site for the Government Priming OBlce and to make report thereon, and to 
employ a stenographer, the exiwuses thereof to be paid otttof the contingent 
fund of the Senate. 

CLERK FOR SEN.VTOR VANCE. 

Mr. JONES of Nevada. I am instructed by the Committee to 
Audit and Control Iho Contingent E.xpensos of the Senate to re- 
port the following resolution: 

Itesolved, That authority is hereby given to Zi:i!ULON U. Vance, a Senator 
front North Carolina, to employ a clerk during tlie recess of the Senate; and 
the Secretary of the .Senate Ls hereby authorised and directed to pay such 
clerli the usual per diem compensation out of the contingent fund of the 
Senate. 

I ask for the immediate consideration of the resolution. 

The VICE-PRESIDENT. The Senator from Nevada reports 
the resohition? 

Mr. PADDOCK. Yes, it is an original resolution. 

The resolution was considered by unanimous consent, and 
agTeed to nan. con. 

COMMITTEE ON TERRITORIES. 

Mr. JONES of Nevada, from the Committeo to Audit and Con- 
trol the Contingent Expenses of the Senate, to whom was re- 
ferred the resolution submitted by Mr. Pl.^tt on the 21st in- 
stant, reported it without amendment, and a5kod for its present 
consideration: 

Hcsolved, That the Committee on Territories, or any subcommittee thereof 
appointed for the purpose, are hereby authorized during the recess of Con- 
gress to visit th.? Territories of New Mexico. Arizona. Utah, and Oklahoma 
for the purpose of obtaining information with regard to the resources, poj)- 
ulation, and condition of said Territories, and as to the propriety of the :k1- 
mission of the same as State.s. and that the expenses of said committee be 
paid out of the contingent fund of the Senate. 

Iilr. COCICRELL. Let that be printed and lie over. 

The VICE-PRESIDENT. Objection being made, the resolu- 
tion will go over. 

GEOLOGICAL SURVEY. 

Mr. JONES of Nevada, I am directed by the Committee to 
Audit and Control the Contingent Expenses of the Senate, to 
whom was referred a resolution submitted by the Senator from 
Montana [Mr. Power] and reported from the Committeo to E.x- 
amine the Several Branches of the Civil Service, to report it 
with a substitute, and recommend the passa^'e of the substitute. 

The VICE-PRESIDENT. The substitute will be read. 

The Chief Clerk read as follows: 

Eesohed, That a select committee of five Senators be appointed by the 
President of the Senate, whose duty it shall bo to investigate the operations 
of the United States Geological Survey, the elllciency and utility of "such Sur- 
vey, together ^Wth the progress made and economy obser\*eil in its work: that 
said committee is authorized to sit during the sessions and the approaching 
recess ol the Senate ; may employ a clerk and a stcno.grapher. send for per- 
sons and papers, and administer oaths, the expenses oJt such investigation to 
be ijaid from the contingent fund of the Senate. 

Mr. COCKRELL. Let that bo printed so that we can see ex- 
actly the scope of it. It can be called up in the morning. 

The VICE-PRESIDENT. The resolution will b3 printed a:!d 
go over. 

Mr. WOLCOTT. I ask the Senator from Missouri if he lias 
any special objection to the resolution respecting- the Geological 
Survey. 

Mr. COCKRELL. I can not tell exactly until I see the scops 
of the resolution. It can be printed and brought back here in a 
short time. 

Mr. WOLCOTT. I am compelled ti go away to-day, and that 
is the reason why I ask. 

Mr. COCKRELL. We can have a special order made to have 
it printed and brought back in afew hours' from the Government 
Printing Office. The Secretary can have the printing made spe- 
cial and have it sent to the office, and it will be immediately 
brought back, so that we can see what it is, and it can be called 
up at any time. 

The VICE-PRESIDENT. The request for immediate print- 
ing will be com]5lied witli, and the resolution will lie on the table 
for the present. 

BILLS INTRODUCED. 

Mr. MCMILLAN introduced a bill (S. 3-t7") to provide for do- 
ing away with certain grade crossings on the lines of the Balti- 
moi'e and Potomac Railroad in the city of Washington. D. C, 
and for other purposes; which was read twice by its title, and 
referred to the Committee on the District of Columbia. 



Mr. PLATT introduced a bill (S. 3178) relating to the regis- 
tration of trade-marks; which was read twice by its title, and 
referred to the Committee on Patt'nts. 

He also introduced a bill (S, 3i79) to amend the patent laws; 
which was read twice by its title, and, with the accompanying 
papers, referred to the Committee on Patents. 

ilr. WAIIREN introduced a bill (S. 3180) providing for the 
construction of an administration building for army purposes at 
Port D. A. RusseU, Wyo., and for other purposes; which was 
read twice by its title, and referred to the Committeo on Mili- 
tary Affaii's. 

NAVAL REVIEW IN NEW YORK HARBOR. 

Mr. HALE introduced a bill (S. 3476) to change the date of the 
naval I'cview in Now York Harbor; which was read the first time 
by its title. 

Mr. HALE. I ask that the bill may bo put upon its passage. 

The VICE-PRESIDENT. The bill wUl bo read at length for 
information. 

The bill was read the second time at length, as follov/s: 

lie it enacted, etc.. That sections of the act of Congress of April 25, 1890, pro- 
viding for the naval rendezvous and review in Ilampton Roads, and la Now 
York Harbor, in April, 1893, Is hereby amended so as to read as follows: 

"That the President is hereby empowered and directed to extended to 
foreign nations an invitation to send ships of war to join the United States 
Navy in rendezvous at Hampton Roads, in April, 1893, and proceed theuco, 
at such time during the month of May or June, as may bo designated bv the 
Secretary of the Navy, to New York Harbor to hold a review." 

Mr. SHERMAN. As this is a bill just introduced, I should 
like to have it explained. 

Mr. HALE. I propose to explain it. The only opportunity 
of p;issing it is in this way. The provision in the original act 
is in these words: 

That the President is hereby empowered and directed to hold a nival re- 
view in New York Harbor, in April, 1893, and to extend to foreign nations 
an inritation to send ships of war to join the United States Na\T In rou- 
dezvotis at Hanipton Koads and proceed thence to said review. 

The Secretary of the Navy upon examining this law is doubt- 
ful whether under the language he could hold any review ex- 
cept in April, which of course is not agood time so far as the sea- 
son and Iho weather go. The whole thing ought to be reversed, 
that is, the review held at Hampton Roads, as provided here, 
with the rendezvous of ships anil foreign ships, and then pro- 
ceed to New York and have the review part held later, in the 
discretion of the Secretary, in May or in June. This is only to 
me ;t that difficulty. The Secretary of the Navy is in favor of 
it r.nd has written a letter to that effect, and the only oppor- 
tr.nity of doing it is in this way. It might go until next winter 
but the invitations to be given, as in all such cases, are formal 
and exact to foreign nations, and therefore the bill should i^ass 
at the present timo if at all. 

Mr. CHANDLER. I understand the bill changes only one 
word, from "April " to "May," in the old law. 

Mr. HALE. That is all. It simply gives the discretion 
which the Secretary linds is not confided to him by the law. 

Mr. ALLISON. I do not know that I shall oppose the bill, 
but the law providing for the naval review in April was intended 
to so arrange the whole disposition of this affair as not to inter- 
fere with the opening of the Exposition on the first day of May. 
If the bill introduced by the Senator from Maine shall pass as 
an amendment to the law it seems to divide the Exposition dur- 
ing the months of May and Juno, having one part of it going on 
in Chicago and another part of it going on in the neighborhood 
of New York City. I do not know whether that is w-ise or not. 
Certainly this is the first time I have heard of the proposition. 

Mr. HALE. That has been taken into consideration by the 
Navy Department. Of course, whenever the review is held, the 
distinguished visitors and persons participating in it will go to 
Chicago antl be present at the opening of the Fair there and for 
some time afterwards. This is not intended in any waj- to inter- 
fere with that. The ships will be here and remain on the coast 
through April and May, and after Chicago has been visited and 
attended to, then the formal technical review can be held in the 
month of May. Possibly the Secretary mi^-ht do this without 
the change, but the Senator will see that the language of the 
lav.' might forbid that: 

That the President is hereby empowered and directed to hold a naval re 
view in New York Harbor in April, 1893. 

A Secretary might take the discretion of saying that it would 
be a nominal review, and as the ships were there he would hold 
the reaJjvview, the real spectacle, the real pageant later; but 
y difficulty of that kind, this amendment of the law is 
introduced, not to interfere in any way with the Exposition at 
Chicago, but to join with it and to go with it. 

Mr. ALLISON. That may be true, but this is a matter which 
seems to me requires some little attention and consideration. I 
do not know but that it is all right, but it seems to me that it 
is to extend the naval review into parts at least of two months. 



6832 



CONGRESSIONAL EECORD— SENATE. 



July 27, 




Mr SHERMAN. I know very well that when the measure 
was adopted the word "April" was put in purposely and with 
the express design to confine this naval display to that month. 
Therefore, I think it would not he right to pass the bill until 
the President of the Columbian Exposition, who, I believe, is in 
the city, or at least he has been hei-e recently, and the Senators 
from that State can be consulted. My impi-ession is, that this 
would not be keeping good faith with the general managers of 
the Exposition, who expect to have the whole of the time be- 
tween the 1st of May and the 1st of October, without any com- 
petition with the naval review, which was to be in April specifi- 
cally by the terms of the law. I should like to have the opin- 
ions of the Senators from Illinois. 

Mr. HALE. Of course, this is a matter which can be done 
only by unanimous consent. I conferred with what memliors of 
the Naval Committee I could find upon the floor, and they all 
said it was a proper thing, sa that the bill has the informal in- 
dorsement of the Naval Committje. But it can only be done by 
unanim^us consent. The bill may lie on the table for the pres- 
ent, and I am not certain that I shall call it up again, because 
if there be any such objection as the Senator from Ohio sug- 
gests, nobody wants to rnake any friction or get up any dilTer- 

Qce between these two features. 

■ ^he VICE-PRESIDENT. The bill will lie on the table. 

DISTRICT BRIDGES. 

Mr. I^ravIILLAN introduced a joint resolution (S. R. 110) con- 
ferring the control of the bridges in the District of Columbia on 
the Commissioners of the District of Columbia; which was read 
the first time by its title. 

Mr. McMillan. I ask for the immediate consideration of 
the joint resolution. 

The joint resolution was read the second time at length, as 
follows: 

Be it resolved by the Senate (m-l House of Representatives of the United States 
ofAmericain Congress assembled. That the control of bridges in the District 
of Coliimbia is hereby conferred on the Commissioners of the District of Co- 
lumbia, and they are hereby required to make such proper regulations as 
theymay deem necessary for the safety of the public using said bridges, and 
for the lighting and the police control of the same. 

Sec. 3. That all acts or parts of acts incDnsistent with the provisions of 
this act are hereby repealed. 

Mr. VEST. Does the joint resolution come from the Commit- 
tee on the District of Columbia? 

Mr. MCMILLAN. A similar measure was introduced here 
some six weeks ago and passed the Senate as an amendment to 
the District appropriation bill. By some mistake it was left out, 
and I am introducing it again. 

Mr. VEST. Does the Senator say that it has passed the Sen- 
ate? 

Mr. McMillan, it passed the Senate as an amendment to 
the District appropriation bill, but by an error it was left out. 
It is simply to give the District Commissioners the control of the 
bridges. For instance, in the case of a long bridge like that over 
the Eastern Branch, where now, under the old law. a hundred 
years old, passengers are compelled to cross by walking their 
teams, they can trot slowly if the Commissioners allow them to 
do so, and the same way in regard to some of the other bridges, 
bridges hall a mile long, where all the t/amsare obliged to walk. 
This is to give them power to go at a more rapid rate of speed. 
The engineers of the District say the bridges are perfectly sate, 
and it is quite proper, they say, "that the Commissioners should 
have this power. 

Mr. VEST. Then, as I understand the joint resolution, it 
simjdy goes to the control of the bridges and not as to any change 
in structure? 

Mr. McMillan. No, just the control of the bridges; that is 
all. It has nothing to do with tlie construction of the liridg.^s. 

The VICE-PRESIDENT. If there is no objection to the pres- 
ent cousidex-ation of the joint resolution, it is before the Senate 
as in Committee of the Whole. 

Mr. COCKRELL. I doubt whether the bridge under which 
the water main across Rock Creek passes ought to be placed 
under the Commissioners. I think that ought to bo left under 
the Engineer Corps, as it has been for so long, which has charge 
of all ttie water works. I move an amendment. 

Mr. McJIILLAN. I have no objection to the ame.idmcnt. 

Mr. COCKRELL. What is the name of that bridge? 

Mr. McMillan. The Aqueduct bridge, the bridge down on 
Pennsylvania avenue. 

Mr. COCKRELL. I move to insert "except the Aqueduct 
bridge across Rock Creek."' 

Mr. McMillan. I have no objection to that. 

The VICE-PRESIDENT. The amendment will be stated. 

Mr. McJiIILLAN. You might call it the Pennsylvania ave- 
nue bridge across Rock Creek. I think that would be the proper 
way to describe it. 



Mr. ALLISON. As I understand the joint resolution it 
merely places the control of these bridges in the hands of the 
District Commissioners. 

Mr. MCMILLAN. Yes. 

Mr. ALLISON. I do not S3e why this bridge should be ex- 
cepted from that control. 

Mr. COCKRELL. The water main is not under the control 
of the District Commissioners. That is under the Eugineer Corps, 
and not the Commissioners. It i-i a separate officer entirely 
who has charge of it. 

Mr. ALLISON. So I understand. 

Mr. COCKRELL. Therefore the Commissioners ought not 
to be able to do as they please with the bridge resting upon 
that great main. 

Mr. VOORHEKS. I ris3 to inquire under what rule we are 
proceeding now in the consideration of this business. 

The VICE-PRESIDENT. By the unanimous consent of the 
Senate. 

Mr. VOORHEES. I withdraw all unanimou-; consent so far 
as I am concerned, pursuant to the notice 1 gave. Measures can 
not come here just from a committee and get the full considera- 
tion of the Senate while this reco:-d lies here with the work of 
months, passed by committees of this body, who have the right 
of way, and fo.- that Calendar I intend to assert the right of 
way. 

The VICE-PRESIDENT. Objection is made to the present 
considei-ation of the joint resolution, and it will be referred to 
the Committee on the District of Columbia. 

DISTRICT CORPORATIONS. 

Mr. GORMAN submitted ths following resolutions; which 
weie referred to the Committee to Audit and Control the Con- 
tingent Expenses of the Senate: 

Itisolcfd, That a select committee of Ave Senators be appointed by the 
President of the Senate, whose duty it shall be to ascertain and report to the 
Senate the amount of the capital stock, bonds, and other evidences of debt 
issued by each and every incorporated company in the District of Columbia; 
the amount actually paid for said stock and bonds; the amount and value 
of the property acquired by each of saidcomp;iuies; the amount of gross re- 
ceipts and expenditures by said corporations for each year during the past 
ten years ; the dividends paid to stockholders dm-ing the same period, and the 
amount and disposition of any surplus fund; the amount of taxes paid each 
year; and to further ascertain and report what, if any, additional tax should 
be levied and collected from said corporations, and what further provisions 
should be made for the better regulation and control of said corporations. 

Jtegolced. That said committee or any subcommittee thereof shall have au- 
thority to send for persons and papers, administer oaths to witnesses, and 
take testimony during the present session or during the approaching recess 
of Congress, and to employ a clerk and stenographer; the expense of the in- 
vestigation to be paid from the contingent fund of the Senate. 

ELLIS ISLAND IMMIGRANT STATION. 

Mr. PROCTOR. I submit a resolution and ask to have it lie 
over. I may wish to call it up to-morrow in order to submit 
some remarks upon it. 

The resolution was read, as follows: 

Resolved. That the Secretary of the Treasury be, and is hereby, directed to 
send to the Senate a statement as to the operations of the Department at 
Ellis Island in recei^-lng immigrants from foreign countries, and the condi- 
tion ;ind suitability of the buildings and other accommodations there for 
said service. 

Mr. CHANDLER. I ask that the resolution may go over. 

The VICE-PRESIDENT. It will go over as requested by the 
Senator from Vermont [Mr. Proctor]. The resolution will lie 
on the table for the present. 

COMMITTEE SERVICE. 

Mr. BATE. I ask to bo relieved from further service upon 
the Committee on Mines and Mining. 

The VICE-PRESIDENT. The Senator from Tennessee asks 
to be excused from further service upon the Committee on Mines 
and Mining. Is there objection? The Chair hears none, and 
the Senator from Tennessee is excused. 

Mr. BATE. I ask that the Chair may fill the vacancy, and I 
beg leave to suggest to the Chair that the Senator fi-om Alabama 
[Mr. PUGII] be substituted. I have the permission of the chair- 
man to make the request. 

Tlie VICE-PRESIDENT. The Senator from Tennessee asks 

leave that the Senator from Alabama [Mr. PuGH] assume the 

place vacated by him upon the Committee on Mines and Mining. 

' The Chair hears no objection, and thi substitution will be made. 

JIESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House had agreed 
to the amendment of the Senate tj the bill {H. R. G793) to pro- 
vide for semiannual statements by foreign corporations doing 
business in the District t)f Columbia. 

The message also announced that the House had disagreed to 
the amendment of the Senate to the bill (H. R. 7294) granting 
pensions to army nurses, agreed to the conference asked by the 
Senate on the disagreeing votes of the two Houses thereon, and 



1892. 



CONGKESSIONAL RECORD— SENATE. 



6833 



had appointed Mr. MARTIN, Mr. BuTLER, and Mr. Jolley 
managers at the conference on the part of the House. 

The message further announced that the House had passed the 
following bills; in which it requested the concurrence of the 
Senate: 

A bill (H. R. 8.107) to put in force in the Indian Territory and 
Oklahoma Territory the law of the State of Arkansas entitled 
"An act to regulate the rates of charges for the carriage of pas- 
sengers by railroads,'' approved April 4, 1887; and 

A bill (H. K. 9175) to put in force in the Indian Territory and 
Oklahoma Territory certain laws of the State of Arkansas. 
eJ^rolled bills signed. 

The message also announced that the Speaker of the House 
had signed the following enrolled bills; and they were there- 
upon signed by the Vice-President: 

A bill (H. R. 6183) to amend the national-hank act in provid- 
ing for the redemption of national-bank notes stolen from c lost 
by banks of issue: 

A bill (H. R. SI022) to provide for the examination of certain 
officers of the Marine Corps, and to regulate promotion therein; 

A bill (H. R. 9172) to incorporate the Washington and Great 
Falls Electric Railway Company; and 

A bill (H. R. 928-1) making appropriations to supply deficien- 
cies in the appropriations for the fiscal year ending .J une ;iO, 1892, 
and for prior years, and for other purposes. 

foreign exhibitors at world's fair. 

Mr. PETTIGREW. I ask unanimous consent for the present 
consideration of the joint resolution (S. R. 1013) authorizing fo:-- 
eign exhibitors at the World's Columbian Exposition to bring 
to this country foreign laborers for the purpose of preparing 
for and making their exhibits. I have an amendment which I 
shall offer which I think will meet all objections to the measure. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the joint resolution'/ 

Mr. VOORHEES. Mr. President, I object to its considera- 
tion now. 

Mr. HAWLEY. I wish the Senator would kindly hear what 
is to ba said about the measure. It is quite impossible for us to 
invite foreigners here and not permit them to bring their own 
peculiar workmen with them to put up their own exhibits. It 
is very unkind. 

Mr. VOORHEES. I will hear the Senator. 

Mr. HAWLEY. I have stated substantially the reason why 
the joint resolution should be passed. 

Mr. VOORHEES. Wo have all worked through this session 
of Congress. The result of our labors is on this Calendar. 
Senators coming here from committees, morning after morning, 
get up and ask that the fresh work they bring in shall he con- 
sidered and have the right of way over the results of the labors 
of the entire session. If other Senators are willing to sit by and 
see it done, very contrary to my usual custom hero I do not in- 
tend to do so. It is not fair, it is not considerate, it is not just, 
it is almost impolite. 

Mr. PETTIGREW. I wish to say in reply to the Senator from 
Indiana that I know of no instancj where I have reported a bill 
that was not of general interest and of no personal interest what- 
ever to me, and asked the consideration of it under the circum- 
stances stated by the Senator from Indiana. 

Mr. VOORHEES. If the Senator from South Dakota thinks 
that I have any reference to him personally, he could not pos- 
sibly make a graver mistake. This objection of mine does not 
relate to individuals, whether they are large or small. It is to 
a rule of conduct that is set up here not merely by him, but by 
dozens of others. It called forth my objection yesterday, and 
the attempt of the Senator to consider it per.<onal is futile, and 
I might say something stronger. 

Mr, PETTIGREW. Mr. President 

Mr. VOORHEES. I object to the consideration of the joint 
resolution. 

Mr. PETTIGREW. Mr. President, this resolution 

Mr. VOORHEES. I object to debate. 
The VICE-PRESIDENT. Objection is made. 
Mr. HAWLEY. I appeal to the Senator from Indiana, inas- 
much as he has made his statement, whether he will not kindly 
hear the other side for a few moments'/ 

The VICE-PRESI DENT. Does the Senator from Indiana with- 
draw his objection. 

Mr. VOORHEES. Yes. 

Mr. PETTIGREW. " I concaivj it almost impossible to con- 
duct the World's Fair unless this joint resolution is passed. Un- 
der the contract-labor law of this covuitry and the Chinese-ex- 
clusion act no skilled laborers from forei^-n countries can be 
brought in for the purpose of preparing and conducting the ex- 
hibits. Such labor can not be secured in this country. Wc shall 
have exhibitors from Egypt, Persia, Turkey, India, Japan, and 



China, as well asfrom all the other countries of the world, making 
exhibits of their peculiar workmanship and manufacture. Un- 
less this re-olution is passed, it seems to me that we strike a fatal 
blow at the success of this Fair, and it is of such great im))ortance, 
although this session is neai-ly over,as to warrant the immediate 
consideration of this resolution hy the Senata. I therefore shall 
move to take up the joint resolution. 

The VICE-PRESIDENT. The question is on the motion of 
the Senator from South Dakota that the Senate proceed to the 
consideration of the joint resolution. 

Mr. VOORHEES. Mr. President, a single word. I want to 
call the attention of the Senate to the fact, as to the a])poal of 
the .Senator just now, that if there was an emergency, the Sen- 
ate has been in sesdon I do not know how long— and I sha'l not 
stop to count up, but manj- months — and every consideration 
pointed out by the honoL-able Senator from South Dakota has 
been present to his mind, or might have been, or ought to liave 
been, months ago, and there is no need for anyone to come for- 
ward in the closing hours and say if this is not done and if that 
is not done something dreadful will hanpen. We have been 
here for the consideration of these things long before to-day, 
and while wo have be_^n at work on other nuittcrson this Calen- 
dar the Senator from .South Dakota h«id full notice months ago, 
so far as the exigencies and demands of the World's Fair are 
concerned. I shall ask for the yeas and nays on this molioii. 

Mr. CULLO.M. If the Senator will allow m3 to say a word— 
I think he is a fair-minded mm 

Mr. VOORHKES. I try to be, but the line has to bo drawn 
somewhere. 

Mr. CULLOM. It so happens that those in authority in con- 
nection with the Exposition sent resolutions similar to the one 
just introduced to inycoUeague, I think to the Senator from Ken- 
tucky [Mr. Cakli.SLe', and to myself, but for some \ma<,'COunta- 
blo reason they were not reeei ved. Hence it was that the atten- 
tion of the ch iii-m in of the committee and of ourselves failed to 
be called to this subject until very recently, the managers of the 
Exposition supposing that we had attended to it. 

I hope under the circumstances, and in view of th> great im- 
portance of this snb-ect. the Senator will yield and allow the joint 
resolution to ].iass. 

Mr. VOORHKES. It would be difficult for the Senator from 
Illinois to apjieal to me on any question in vain. I withdraw my 
objection. 

Mr. CULLOM. I am very much obliged to the Senator. 

The VICE-PRESIDENT. The objection b.-ing withdrawn, 
the joint resolution is before the Senate. 

Mr. PADDOCK. I hopeafter this joint resolution Is disposd 
of there will be unanimous consent that the CaUmdar may be 
proceeded with. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the joint resolution (S. R. 106) authorizing foreign exhib- 
itors at the World's Columbian Exposition to bring to this coun- 
try foreign laborers for the purpose of preparing for and mak- 
ing their exhibits. 

Mr. PETTIGREW. I offer a namendmont, to come in at tho 
end of the joint resolution. 

The VICE-PRESIDENT. Tho amendment will be stated. 

The Chief Clerk. It is proposed to add to the joint resolu- 
tion the following proviso: 

Providfd, houtrcr. That no alien shall, by virtue of this act, enter tho 
United States under contract to perform labor, except by e.\press permis- 
sion, naming such alien, of the Secretary of the Tre.asm-y; and any such 
alien who may remain in the United .States for more than one year after the 
close of said Exposition shall thereafter b3 subject to all the processes and 
penalties applicable to aliens comiu'^ in violation of the alien contract l.-ibor 
laws aforesaid. 

The VICE-PRESIDENT. The question is onagreeing to the 
amendment. 

The amendment was agreed to. 

Mr. COCKRELL. Has the committee any further amend- 
ments'? 

Mr. PETTIGREW. I have another amendment which I wish 
to offer. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. In line 4, after '■ eighty-five," it is pro- 
posed to insert "prohibiting the importation of foreigners 
under contract to perform labor, and the acts of Congress pro- 
hibiting the coining of Chines3 persons into the United States, 
and the acts amenclatory of these acts;" so as to road: 

That the act of Congress approved February M. 18,H.5. prohibiting tho im- 
portation of forelLaiefs imder contract to perform labor, and the acts of 
Coneress prohibittui,' tho coming of Chinese persons into the Unlud States, 
and the acts aniemlalory ot these acts, and the acts amendatory thereof, shall 
not be so construed, etc. 

Mr. PETTIGREW. I have another am nlment which will 
remedy that, 

Mr. COCKRELL. I think there is too much in that amend- 



XXIII- 



-428 



6834 



CONGRESSIONAL RECORD— SENATE. 



July 27, 



I ask that the amendment bo again i-ead. 
As proposed to be amended, the clause 



ment already, as the Senator will see if he will have it read 
aarain. 

Mr. PETTIGREW. 

The Chief Clerk. 
reads: 

That the act of Consress approved February 36, 1885, prohibiting the Im- 
Bovtatlon of foreigners under contract to perform labor, and the acts of Con- 
Ci-es3 prohibiting the coming of Chinese persons into the United States, and 
the acts amendatory of these acts, and -the acts amendatory thereof, shall 
not be so construed, etc. 

Mr. COCKRELL. Strike out the words " and the acts amend- 
atory thereof." 

The VICE-PRESIDENT. The clause proposed to be amended 
by the Senator from Missouri will bo stated. 

The Chief CLEFav. It is jM-oposed to amend the clauss so as 
to read: 

That the act of Congress approved February 23. 1885, prohibiting the im- 
portation of foreigners under contract to perform labor, and the acts of 
Con'Texs prohibiting the coming of Chinese persons into the Umted States, 
and the acts amendatory of thes^e acts, shall not be so construed, etc. 

Mr. CHANDLER. Have the committee amendments been 
agreed toV 

The VICE-PRESIDENT. The amendments will be considered 
as asre3d to if there bo no.objection. The Chair hears none; 
and they are agreed to. 

Mr. PETTIGREW. I have another amendment, but it relates 
to striking- out a portion of the preamble. 

Mr. COCKRELL. That does not come up yet. We are not 
on the preamble at present. 

Mr. CHANDLER. I understand the committee amendments 
have been agreed to. 

Tlie VICE-PRESIDENT. They have been agreed to. 

Mr. COCKRELL. I move, in line 8, after the word "holder," 
to insert " who is a citizen of a foreign nation." 

Mr. PETTIGREW. I accept that amendment. 

Mr. SHERMAN. Let it be, read first. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. On page 2, line 8, after the word " holder," 
it is proposed to insert the words " who is a citizen of a foreign 
nation;'' so as to read: 

Shall not be s.> construed nor shall anything therein operate to prevent, 
hinder, or in anywise restrict any foreign exhibitor, representative, or cit- 
izen of a foreign nation, or the holder who is a citizen of a foreign nation, 
of anyconcessiou or privilege from the World's Columbian Exposition, etc. 

Mr. CULLOM. That is right, I think. 

Tlie amendment was agreed to. 

Mr. COCKRELL. In line 11, after the word "of," I move to 
insert "their resjiective." 

Mr. CULLOM. That is right. 

Mr. COCKRELL. We do not want an Englishman to come 
here and hire a Chinaman. 

The VICE-PRESIDENT. The amendment proposed by the 
Senator from Missouri will be stated. 

The Chief Clerk. On page 'i, line 11, before the word "for- 
eign," it is proposed to insert " their respective;" so as to read: 

From bringing into the United States under contract, such mechanics, 
artisans, agents, or other employes, natives of their respective foreign coim- 
tries. etc. 

The amendment was agreed to. 

The joint resolution was reported to the Senate as amended, 
and the amendments were concurred in. 

Mr. HAWLEY. Mr. President, this joint resolution is un- 
doubtedly necessary in the condition of our statutes, in order 
that those invited to come here from abroad to exhibit, may 
bring with them the proper workmen and servants. Those per- 
sons who are brought with them are ri;ally a part of the exhibit, 
as much so as the goods they bring with them. 

This is an occasion of f I'aternity among the nations, a mutual 
comparison of their progress in civilization, and an increase of 
the good feeling which ought to prevail between them. 

The joint resolution is necessary, but I am sure that posterity 
will not read with pi-ide a resolution which grants to workmen 
gracious permission to come here, and tells them they must,g'et 
out within a year afterwards. 

The joint resolution was ordered to be engrossed for a third 
reading, read the third time, and passed. 

The VICE-PRESIDENT. The question is on agreeing to the 
preamble. 

Ml'. PETTIGREW. I move to amend the preamble. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Cleric. It is proposed to strike out the fourth and 
fifth paragraphs ot the preamble, except the word "Therefore." 

Ml'. COCKRELL. I confess I do not understand the condition 
in which the preamble is left. <»_.-., .,_ 

Mr. CHANDLER. 1 would say that there havMiWtttfIr Inn 
prints of the joint resolutio.a. Difficulty has grown out of the 
fact that some lines of the preamble had b';en transferred to the 
eecond page. As I undei'stand the motion of the Senator from 



South Dakota, the chairman of the committee, it is to strikeout 
the fourth and fifth clauses of the preamble. 

Mr. SHERMAN. It had better be read as it stands. 

Mr. COCKRELL. I understand it is to strike out the fourth 
and fifth clauses. 

Mr. PETTIGREW. The fourth and fifth "clauses of the pre- 
amble. 

Mr. CHANDLER. Except the word " Therefore." 

Mr. SHERMAN. Let the preamble be read as it stands. 

The VICE-PRESIDENT. The preamble will be read as it 
now stands. 

The Chief Clerk read as follows: 

Whereas under and in pursuance of the act approved April 25, A. D. 1890 
the President ot the United States has invited the governments and cltl, 
zens of foreign nations to participate in the international exhibition au- 
thorized by tto act above recited; and 

Whereas the invitations so extended have been accepted by the several 
nations, and space for installing foreign exhibits has been applied for and 
duly aijportioned, and concessions and privileges granted by the Exposition 
management to the citizens and subjects of foreign nations; and 

Whereas for the pvu-pose of securing the production upon the Exposition 
gi'ounds of scenes illustrative of the architecture, dress, habits, and modes 
of life, occupation, industries, means of locomotion and ti-ansportation, 
amusements, entertainments, etc., of the natives ot foreign countries, it has 
been necessary for the World's Columbian Exposition to grant concessions 
and privileges to certain firms and corporations conceding the right to make 
such XJroductions; Therefore, etc. 

The VICE-PRESIDENT. The question is on agreeing to the 
preamble as amended. 

The preamble as amended was agreed to. 

On motion of Mr. COCKRELL, the title was amended so as 
to read: "A joint resolution authorizing foreign exhibitor3 at 
the World's Columbian Exposition to bring to this country for- 
eign laborers from their respective countries for the ijurpose of 
preparing for and making their exhibits." 

HIGHWAYS IN ARID REGIONS. 

The VICE-PRESIDENT. The Calendar is now in order. The 
fii'st bill on the Calendar will be stated. 

Mr. SHERMAN. What is the general order— House bills? 

The VICE-PRESIDENT. The Calendar is in regular order 
under Rule VIII. The first bill will be stated. 

The bill (S. 3071) reserving easements for common highways 
ill the arid States and Territories was announced as first in order. 

Mr. SANDERS. This bill was reported from the Committee 
on Public Lands and was before the Senate the other day and 
read. It was reported with amendments. It led to some dis- 
cussion, hut I do not think it mot with any opposition. If it shall 
seem to lead to any discussion now, I shall not ask that it be 
pressed. 

Mr. COCKRELL. Is the bill of any special importance just 
now? 

Mr. SANDERS. No further than that according to the terms 
of the bill, so far as settlements shall progress, it will afford op- 
portunity for locking up streams and also for preventing the 
laying out of roads during the vacation of Congress. I am will- 
ing it shall go over. 

Mr. COCKRELL. I think the bill had better go over with- 
out prejudice. 

The VICE-PRESIDENT. The bill will be passed over. 

JAMES L. TOWNSEND. 

Mr. HAWLEY. I ask leave to call up a bill which went over 
without prejudice during my accidental absence one day two or 
three weeks ago. ItisOrde'r of Business 631, Senate bill 2298. 

By unanimous consent, the Senate, as in Committee of the 
Whole, resumed the consideration of the bill (S. 2298) for the re- 
lief of James L. Townsend. It proposes to correct the military 
record of James L. Townsend, late captain of Company B, Four- 
teenth Connecticut Volunteers, and to grant him an honorable 
discharge as of said company and i-egiment. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, road the third time, 
and passed. 

IMMIGRATION AND CONTRACT-LABOR LAWS. 

ISIr. CHANDLER. I ask the Senate to take up at this time 
Order of Business 820, being the biU (S. 3240) to facilitate the 
enforcement of the immigration and contract-labor laws of the 
United States. 

Mr. VOORHEES. Mr. President, if a man be not consistent 
in this world what shall he be? If he does not take care of his 
own record . who will? Pursuant to what I have heretofore said, 
I adhere to the Calendar. I know that my reputation for ami- 
ability and concession is so great that every Senator in this 
body presumes that I will yield, but I can not do so. 

The VICE-PRESIDENT. Objection is made, and the next 
bill on the Calendar in order will be stated. 



MASONIC RELIEF ASSOCIATION. 



The bill (S. 2946) to am=nd an act entitled "An act to incor- 
porate the Mas nic Mutual Relief Association of the Disti'ict ol 



1892. 



CONGRESSIONAL RECORD— SENATE. 



6835 



Columbia," approved March 3, ISGI), was announced as next in/ 
order, and tlie Senate, as in Committee of the Whole, proceeded 
to consider it. 

Mr. SANDERS. Unless there is someurgcncy forthe present 
consideration of this bill to be stated here, 1 shall object to its 
consideration. It there is any urgency, I will withdraw the ob- 
jection to hear what it is. 

Mr. McMillan, in the absence of the Senator in chai-geof 
this bill, I can only say that this is a local matter of some im- 
portance. 'This association desires the law changed in one or two 
respects— first, to allow any member of the association, whether 
he happens to bo a member of the board of directors or not, to 
hold the otfice of secretary; and second, to allow the company to 
pay to beneficiaries not to exceed $1,000, instead of $1,800 as at 
present. 

Mr. SANDERS. Are those the only changes? 

Mr. I\IcMILliAN. Those are the only changes involved, as I 
understand. 

Mr. SANDERS. We have spent a great deal of time within 
the last three weeks dealing with local corporations in the Dis- 
trict of Columbia, and I suppose every Senator feels the pressure 
for the consideration mentioned by the Senator from Indiana 
[Mr. VOORHEES]. 

A number of years ag'o the Congress of the United States as- 
sumed to pass a' general law applicable to corporations, their cre- 
ation, and the conduct of their business in the District of Colum- 
bia, which may or may not have been wide enough for the 
pui[)oses for which corporations are desirable here. The law is 
found in volume 10 of the United States Statutes at Lai-go, and 
was passed twenty- two years ago. If it is desired to change that 
law, that is well; if it is desired to repeal it, that is well; but 
why every time it is desired that some new right shall be granted 
to a corporation they shall come here and ask legislation of us, 
to the exclusion of public business that is of consequence to the 
country at large, I can not see, and I do not approve of that con- 
dition of aftairs. 

This law was passed not merely to provide for railroad cor- 
poi-ations, but for manufacturing corporations, for benevolent 
corporations, and for every form of corporate existence which 
has grownup in recent years, I regret to say, very much, in my 
own judgment, contrary to what the public interests require. 

I do not believe that it is wise to incorporate any body of men 
except for the fulfillment of a public function, but I am impor- 
tuned to withdraw this objection because the matter is a small 
one, and therefore of no consequence; and yielding to the weight 
of that appeal, I withdraw the objection. 

The VICE-PRESIDENT. The amendments reported by the 
Committee on the District of Columbia will be stated. 

The first amendment was, after the word "section," at the end 
of line 4G, to insert "and by addmg a proviso; '' so as to read: 

Al.'O in section 5, by striking out the words "eight hundred" before the 
word -'dollars " at the end of the section, and by adding a proviso, so that 
the section shall read. 

The amendment was agreed to. 

The next amendment was, in line 61, after the word " dollars," 
to insert: , 

Provided. That nothing contained in this act shall be construed to impair 
the obligations of the Masonic Mutual Relief Association existing at the 
time of the approval of this act to pay to the persons mentioned In this sec- 
tion an amount not exceeding $1,800. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

HUDSON ETVER BRIDGE. 

Mr. BLACKBURN. I move that the Senate do now proceed 
to the consideration of Order of Business 746, b3ing the bill (S. 
2620) to authorize the New York and New .Jersey Bridge Com- 
panies to construct and maintain a bridge across the Hudson 
River between New York City and the State of New .Jersey. 

The VICE-PRESIDENT. The question is on the motion of 
the Senator from Kentucky. 

Mr. HISCOCK. I object to the consideration of that bill. 

Mr. BLACKBURN. I move to proceed to the consideration 
of the bill notwithstanding the objection. 

The VICE-PRESIDENT. The Senator from Kentucky moves 
that the Senate proceed to the consideration of a bill, the title 
of which will be stated. 

Mr. HISCOCK. Mr. President 

The VICE-PRESIDENT. The motion is not debatable. The 
title of the bill will be stated. 

The Chief Clerk. A bill (S. 2C2G) to authorize the New York 
and New Jersey Bridge Companies to construct and maintain a 
bridge across the Hudson River between Now York City and the 
State of New Jersey. 



Mr. BLACKBURN. The Senator from New York will have 
his opportunity to debate if the Senate shall determine to take 
u]) the bill. 

Mr. HISCOCK. I had a distinct understanding that this bill 
should not be taken up in the absence of the Senator from Maine 
[Mr. Frye]. 

Mr. BLACKBURN. On the contrai-y, the distinct understand- 
ing was that the bill would be taken up at the earliest possible 
moment, and notice to that effect was served by mo on the Sen- 
ator from Now York a month ago. 

Mr. HISCOCK. I am not talking about the Senator fr,)m New 
York. I am talking a1)out the Senator from Maine [Mr. Pkye]. 

Mr. GORMAN. I ask 

The VICE PRESIUl'JNT. Debate can only proceed by unani- 
mous consent. 

Mr. GORMAN. I wish to make a statement in regard to this 
bill, with the consent of the Senate. 

Mr. BLACKBURN. I have already objected to any debate on 
the motion; but I do not want to preclude any statement the 
Senator may wish to make unless it bo in the nature of debate. 

Mr. HARRIS. If debate is not to be general, I object to any 
debate. It must bo free to all or to none. 

The VICE-PRESIDENT. Objection is made. The question 
is on the motion of the Senator from Kentucky to proceed to the 
consideration of thebill, the title of which has been stated. [Put- 
ting the question.] The ayes appear to have it. 
iNIr. HISCOCK. I call for the yeas and nays. 
The yeas and nays were ordered, and the Secretary proceeded 
to call the roll. 

Mr. GALLINGER (when his name was called). I am paired 
with the junior Senator from Texas [Mr. MiLLS]. 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. Morrill]. I do not know how 
he would vote on this question if present. I believe the Senator 
from New Hampshire [Mr. Gallincer] announced a pair with 
some Senator on this side of the Chamber. If agreeable to him, 
I suggest tliat we transfer our pairs and vote. 

Mr. GALLINGER. I have an impression that I should pre- 
fer the pair to stand for to-day. 

Mr. HARRIS. Then I announce my pair with the Senator 
from Vermont [Mr. MORRILLJ. 

Mr, McMillan (when his name was called). I am paired 
with the Senator from North Carolina [Mr. Vance]. Not know- 
ing how he would vote if presc'nt, I withhold my vote. 

Mr. MORGAN ( when his name was called). I am paired with 
the Senator from Massachusetts [Mr. Dawes]. 

Mr. PUGH (when his name was called). I am paired with the 
Senator from Massachusetts [Mr. Hoar]. 

Mr. QUAY (when his name was called). I have a general pair 
with the junior Senator from West Virginia [Mr. Faulkner], 
and therefore withhold my vote. If he were present I should 
vote "nay." 

Mr. WEALTH ALL (when his name was called). I am paired 
with the junior Senator from Rhode Island [Mr. Dixon]. If he 
were present I should vote "yea." 

Mr. WARREN (when his name was called). Has the Senator 
from Georgia [Mr. Gordon] voted? 
The VICE-PRESIDENT. He is not recorded. 
Mr. WARREN. Then I withhold my vole, as I am paired 
with that Senator. 
The roll call was concluded. 

Mr. BERRY. I am paired eouerally with the Senator from 
Colorado [Mr. TELLER], but being informed by his colleague 
[Mr. Wolcott] that he would vot? "yea" if present, I vots 
"yea." 

Mr. DAVIS. I am paired with the Senate'' from Indiana [Mr. 
Turpie]. 

Mr. PUGH. I transfer my pair with the Senator from Massa- 
chusetts [Mr. Hoae] to the Senator from Colorado [Mr. Teller] 
and vote "yea." 

Mr. WALTHALL. I transfer my pair with the junior Sena- 
tor from Rhode Island [Mr. Dixon] to the Senator from West 
Virginia [Mr. Kenna], and I vote "yea." 

Mr. GORMAN. I have a general pair with the Senator from 
Maine [Mr. Feye], but on this question I have voted because the 
.Senator from Maine left a memorandum witli me when he left 
the city to the effect that his understanding was that this bill 
would not be taken up at this session. Me being the chairman 
of the committee which reported thebill adversely, I have taken 
the liberty of voting "nay " on this proposition. 

Mr. HARRIS. I being paired with the Senator from Ver- 
mont [Mr. Morrill] and the Senator from Michigan [Mr. Mc- 
Millan] being paired with the Senator from North Carolina 
[Mr. Vance], wo have agreed to transfer our respective pairs 
and record our votes. I vote "yea." 
Mr. MCMILLAN. I vote " nay." 



6836 



CONGKESSIONAL RECORD— SENATE. 



July 27, 



The result was announcod— yeas 28, nays 20; as follows: 

YEAS— 28. 

Cockrell, Hansbrough, Pettigrew, 

Coke, Harris, P"*?'"' 

Daniel, HuutoD, Sanders, 

Dubois, Jones, Ark. Vest, 

Felton, Kyle, Walthall. 

Gibson, La. Manderson, White, 

Gibson, Md. Perkins, Wolcott. 



Allen, 
BaU'. 
Berry, 
lilac liburn, 
Brice, - 

Call. >< 

Oirlisle. «J 



NAYS-SO. 



Paddock, 

Palmer, 

PeBer, 

Piatt, 

Proctor, 



Hawley, 
Hiscock, 
Jones. Nev. 
McMillan, 
Mitchell, 

NOT VOTING— 40. 

Faulkner, Irby, 

Frye, Kenna, 

Gallinger, McPherson, 

George, Mills, 

Gordon, Morgan, 

Gray, Morrill, 

Hale, Pasco, 

Higgius, Power, 

Hill, Quay, 

Hoar, Shoup, 



Ransom, 

Sawyer, 
Sherman, 
Stockbridge, 
Washburn. 



Squire, 

Stanford, 

Stewart, 

Teller. 

Turpie, 

Vance, 

VUas, 

Voorhees, 

Warren, 

Wilson. 



AI \isou, -J 
Carey. gj 

Chitndler, ^ 
CuUom, 
Gorman, ■*-' 

O 

03 
All', rich. Vj 
Ulndyett, "3 

liUUlcr. {/y 

Cabieron, 
Ca»!y. b: 
Colquitt, , '-' 
Davis, l«i- 
Dawes, 
DiX' m. 
Dolph. 

So the motion was agreed to; and the Senate, as in Committee 
o£ the Whole, proceeded t« consider the bill (S. 2G2G) to author- 
ize the New York and Now .Jersey Bridge Companies to con- 
struct and maintain a bridge across the Hudson River between 
New York City and the State of New Jersey. 

Mr. CULLOM. Mr. President, I am a little surprised at this 
bill coming up, not that I wish by that remark to impute any 
desire to take any advantage or any wrongdoing on the part of 
the Senator from "Kentucky, who moves that it be taken up, but 
for the reason that the chairman of the Committee on Commerce, 
who has been known to be very positively against the passage 
of this bill durintr the present session, left the city, I am sure, 
with the belief that it would not be taken up. 
Mr. BLACKBUKN. Will the Senator permit me a moment." 
Mr. CULLOM. Yes. 

Mr. BLACKBURN. Tlirough abundant caution I took occa- 
sion to advise both the Senator from Maine, the chairman of the 
Committee on Commerce, and the Senator from New York [Mr. 
Hiscock], that this bill would be taken up, or at least that I 
should make the eft'ort to take the vote of the Senate upon it. 

Mr. CULLOM. Mr. President, as I said in the outset, I dis- 
claim any possible suggestion that the Senator has taken advan- 
tage of tiie absence of the chairman of the committee; but hav- 
ing the honor of sitting near by that Senator when he is in his 
seat, I got the impression from him by frequently asking him 
from time to time about the bill, that he had no expectation that 
it would come up during the present session. I know he felt a 
very great intei-cst in the defeat of the bill which has just been 
road, during this session of Congress. 

Mr. President, I shall not undertake to argue the merits of 
the two bills, but simply to give a history of the controversy 
which has been going on, for the present session at least, in ref- 
erence to the pending bill. 

To begin back of that, I think it was about two years ago that 
the Congress of the United States pa-sed a bill chartering another 
company to build a bridge over the Hudson River some 2 or 'A 
miles distant from the proposed location of this bridge, if it 
should be built. The parties interested in the other charter 
have been at work very earnestly, I think, trying, in the first 
place, to secure such a bridge as would be approved by the Sec- 
retary of War under the provisions of the act. In the effort to 
do that almost a year's time was consumed, and I do not know 
but more, before, such plans of the bridge as were presented to 
the Secretary of War were made satisfactory to him and secured 
his ajiproval.- The time in which that was required to be done 
ran almost up to the beginning of the pre-ent session of Congress, 
probably within three or four months of the time when this ses- 
sion of Congress began. 

Then this bill came in, providing for chartering another com- 
pany. The Committee on Commerce had a hearing upon the 
subject early in the session, and almost unanimously, it I recol- 
lect rightly,' the committee decided that such a charter should 
not be granted at this time. After that action wa-> taken by the 
committee adverse to the bill, time passed on. and not very long 
ago a new movement was made in favor of this bill, and it was 
asked of the committee that anothei- hearing should be given. 
Then a full heai-ing was given to all those. I think, who desired 
to be heard, and the committee again decided ad vers dy to the 
bill. Consent, I think, was given that the bill should be reported 
back adversely, and on request it went on the Calendar. And 
we find it here to-day. 

So far as I am concerned, I believe it would be impracti- 
cable to build both these bridges at this time. Either of the 



bridges, as I recollect the testimony, will c ist from $:iO,000,000 
to $()(), 000, 000, a very large sum of money. Possibly that may 
include the right of way, but either of these bridges will cost a 
vast sum of money. I think the testimony shows that perhaps 
two of them at this time would not be sufficiently sustained to 
justify their construction. 

So the committee determined that it would not be right, after 
the parties getting the first charter should have succeeded in 
getting their plans approved and ready to go to work, and to 
rais ; the money necessary for the construction of the first bridge, 
that the Congre.ss of the United States should rush in so soon 
after that and, in view of the great expense to both, charter an- 
other companv. On that ground, the Committee on Commerce 
decided that this charter should not be given at this time. 

So far as I am concerned, I have no interest as to which one 
of these bridges shall be built. I should be glad in the interest 
ofommerce if both of them were built, but I do not believe, 
with the testimony before me, that both of them can be built at 
this time: and I think it would be unfair to the first parties. who 
are in the midst of raising the money, to charter the other com- 
pany and thereby embarrass the first company before they raise 
the money or have had a reasonable time within which to raise it. 
So I am opposed to the bill, as I was in committee, and I shall 
vote against it in the Senate. If subsequently it shall be ascer- 
tained that the first company can not raise the money, oe if it 
shall be ascertained that both bridges are needed, I shall be 
willing to charter them both. Until that time arrives, however, 
I think wo should not do it. I merely suggest these facts briefly 
as my reason for opposing the bill at this time. 

Mr. GORMAN. Mr. President, in view of the statement of 
the Senator from Illinois (Mr. Cul,lom1, as well as that of the 
Senator from Kentucky [Mr. BLACKBURN], as to the agreement 
about the consideration of this bill, my statement in regard to 
the understanding of the Senator from Maine [Mr. Frye] was 
possibly a little too broad. I have sent for the memorandum- 
which he left with his clerk for me when he left the city, with, 
out my being able to see him. Here is the memorandum: 

I hope you will not allow the New York bridge bill to come up in ray ab- 
sence, as'l wish to address the Senate at length on the same. 1 do not sup- 
pose its friends will try to have it considered at this session. 

Therefore, when I stated that he had an understanding that 
the bill would not be taken up, I probably made that too strong. 
He expressed the hope that it would not come up in his absence, 
as ho desired to address the Senate at length upon the bill, being 
opiiosed to its passage. 

Mr. BLACKBURN. I should like to ask the Senator from 
Maryland if the chairman of the committee has not gone home 
to be absent for the rest of the session':' 
Mr. GORMAN. So I understand. 

Mr. CULLOM. I am prepared to say that the Senator's wife 
was taken ill, and while he did not expect on the night before 
last to leave the city, yesterday morning, on account of the ex- 
treme heat and the condition of Mrs. Frye, who was taken ill, 
the Senator determined to depart from the city with her imme- 
diately. He does not expect to return, because he supposes the 
Senate will very soon adjourn. 

Mr. VEST. There is a certain amendment to this bill which 
was ottered by the Senator from West Virginia [Mr. Kenna], 
who is detained from the Senate by sickness, which should be 
placed upon the bill, and I therefore now oflfer the amendment, 
which is in the nature of a substitute. 

The VICE-PRESIDENT. The amendment proposed by the 
Senator from Miss^mri [Mr. Vest] will be stated. 

The Secretary. It is proposed to strike out all after the en- 
acting clause of the bill, and insert: 

Thit the New York and New Jersey Bridge Companies, incorporated by 
the States of New York and New Jersey and existing under the laws of said 
State- are hereby authorized to construct, operate, and maintain a bridge 
across' the Hudson River between New York City, in the county and State 
of New Y'ork. and the State of New Jersey, subject to the laws of said 
Sttites respectively, upon the following terms, limitations, and conditions: 
'" First That said bridge shall be located at such point in the said city be- 
tween Slxty-tifth street and Seventy-second street and such point north of 
the southerly line of the to\vnship of Union, in the county of Hudson, State 
of New Jersey, as shall be selected by the Secretary of War upon such exam- 
inations, hearings, and reports as he shall hereafter prescribe. 

Second That the companies mav lay upon or over such bridge raUroad 
tracks for the use of railroads, and locate, construct, and maintain such 
conufi-tions as are necessary and proper with railroads at the ends of said 
liria"e or approaches thereto: Provit/id. That any railroad on either side of 
saiii' river shall ho permitted to connect their tracks with said bridge tracks. 
its approaches and connections, and shall have equal right of transit for 
their rolling stock, ears, passengers, and freight upon equal and equitable 
terms, and if a dispute as to the equality or eqiuty of the terms shall arise. 
it shall be submitted to and decided by the Interstate Commerce Commis- 
sioners of the United States, under such rules and regulations as they may 
prescribe. . , , . ...,,, 

Third That .any liridge built under the authority of this act shall be con- 
structed at such elevatlim as the Secretary of War shall approve and re- 
(uure- Protiiled.hOHccer, That it shall afford under any conditions ot load 
..r temperature a minimum clear headway above high water of spring tides 
of iii.t less than 150 feet; and all the plans and speciUcations, with the neces- 
sary drawings, of said bridge shall be submitted to him for approval, and 



1892. 



CONGRESSIONAL RECORD— SENATE. 



6837 



before such approval the construction shall not be begun; and should any 
change be made in said plans during the progress of construction such 
changed plans shall be submitted to him aud approved by him before made; 
and the said bridge shall be constructed with a single span over the entire 
river between towers or piers located between the shore and the established 
pierhead lines In either State, and no pier or other obstruction to naviga- 
tion of a temporary or permanent character shall be constructed in the 
river between said towers or piers. 

Fourth. The companies operating under this law shall maintain on the 
bridge, at their own expense, from sunset to sunrise, such lights and signals 
as the United States Light-House Board may prescribe. 

Fifth. The company or companies availing themselves of the privileges of 
this act shall not charge a higher rate of toll than authorized by the laws of 
the States of New York and New Jersey. 

Sixth. That said company or companies shall be subject to the mterstate- 
commerce laws and to all amendments thereof, and when such bridge is con- 
structed under the provisions of this act it shall be a lawful military and 
post road and a lawful structiu-e. 

Seventh. The company or companies availing themselves of the privileges 
of this act shall file an acceptance of its terms with the Secretary of War. 
and shall submit to the Secretary of War, within one year after the passage 
Of this act, for examination and approval, drawiugs showing plan and loca- 
tion of the bridge; and the construction of said bridge shall be commenced 
within one year aft*r the location and plans have been approved by the Sec- 
retary of War, and completed 'within four years from said date; otherwise 
this act shall be null ami void. 

Eighth. Tlie right to amend, alter, modify, or repeal this act is hereby re- 
served, aud nothing herein shall be construed as a repeal or interference 
■vrtth any right to build a bridge across the Hudson River heretofore granted 
by Congress to any company or bind this or any other Congress not to ex- 
tender renew the same. 

The PRESIDING OFFICER (Mr. Harris In tho chair). The 
question is on the amendment proposed by the Senator from 
Missouri [Mr. Vest]. 

Mr. HISCOCK. Mr. President, I had hoped this bill would 
not be pressed at this session for reasons which I will state; and 
it perhaps is proper — I feel quite sure it is — that I should call 
the attention of the Senate to tho history of this measure. 

The bill was presented to tho last Congress substantially in 
the same form as wo have it here, and certainly without any in- 
fluence on my part, without any argument being made on my 
part, the Committee on Commerce reported unanimously against 
it. They investigated the measure and concluded that it ought 
not to have the sanction of that committee before the Senate. 
At this session of Congress a bill substantially in the form of 
this, at least for the same purpose, was again presented to that 
committee, and again after very careful consideration, as I was 
informed, the bill was reported adversely. Then, or some time 
after that, this bill was introduced by the Senator from Ken- 
tucky [Mr. Blackburn]. 

Mr. President, I do not question tho power and the right and 
the duty even under certain circumstances of the distinguished 
Senator from Kentucky to present a bill and champion a meas- 
ure affecting tho rights of the two States of New Jersey and 
New York, the Senators from those two States not caring "to in- 
troduce the measure, or at least not introducing the measure. 
I may supplement tliat by saying hero to-day that this bill is 
pressed in the absence of both Senators from New Jersey and of 
my distinguished colleague [Mr. Hill]. 

Mr. BLACKBURN. Will the Senator permit me to ask a 
questionV 

The PRESIDING OFFICER. Does the Senator from New 
York yield to the Senator from Kentucky? 

Mr. HISCOCK. I do. 

Mr. BLACKBURN. Does not the Senator from New York 
know, by referring to the bill which I hold in my hand, that it 
was introduced by me upon the 18th day of March of this year, 
when his colleague was not in tho Senate and had not besn here, 
at that colleague's request? 

Mr. HISCOCK. I have no knowledge that it was introduced 
at my colleague's request. 

Mr. BLACKBURN. The Senator has the knowledge now. 

Mr. HISCOCK. My colleague was a Senator then, I think, 
and I know that he is a member of this body now, and is not 
here. 

Mr. BLACKBURN. Is he in favor of this bill or not? 

Mr. HISCOCK. I do not know. 

Mr. BLACKBURN. Does not the Senator know that his col- 
league appeared before the Senate Committee on Commerce and 
made an argument in favor of this bill? 

Mr. HISCOCK. I do not know whether he is in favor of it or 
not. That is my statement. 

Mr. BLACKBURN. I know that the Senator's colleague ap- 
peared before the Committee on Commerce of the Senate, and 
made an argument in favor of this bill. 

Mr. HISCOCK. Whether he is in favor of this bill at the 
present time or not I do not know. 

Mr. BLACKBURN. I will inform the Senator that he is. 

Mr. HISCOCK. I desire to say, however, in respect to my 
distinguished colleague, in reference to his support of any meas- 
ure here or elsewhere, those who differ with him most radically 
have never believed that he needed upon any question to speak 



by proxy, but they believe that he is always able to voice his 
own sentiments and support the measaivs that he is in favor of. 

Neither of the Senators from New .Tersey are here. I am 
authorized to say of one that he is opjiosed to the bill . 

Mr. BLACKBURN. Will the Senator allow me to say just 
there, that I have the authority of the other Senator from New 
Jersey to say thut he is warmly in favor of it? 

Mr. HISCOCK. If we go into that question, I must say again 
that New Jersey is not so far from hero but that upon a measure 
of this kind if the Senator from Now .Jersey was very warmly 
in favor of it, ho would bo very likely to be present. 

I do not claim, Mr. President, that it is unusual— no, I will 
withdraw that remark — I do not claim that it is inappropriate 
for tho Senator from the Stato of Kentucky to take charge of 
legislation which affects the city of New York and .Jersey City, 
and the States of New Jersey and New York. I am not arguing 
against that; and I suppose that some time, bslioviiig that tho 
Senators from Kentucky do not know about the bridges in Ken- 
tucky or what bridges should be built, in the absence of tho dis- 
tinguished Senator who has charge of this measure and of his 
distinguished colleague, I shall stand hero upon the lloor and 
advocate a measui'e affecting the commerce of that great State 
in their absence. 

Mr. BLACKBURN. Will the Senator allow mo a moment? 

Mr. HISCOCK. Not questijning the propriety 

Mr. BLACKBURN. Will the Senator allow me a word? 

Mr. HISCOCK. Yes, sir. 

Mr. BLACKBURN. Simply to say that if tho time shall come 
when Kentucky can not take care of her own interests, and needs 
the assistance of the Senator from New York, I trust it will 
come speedily: otherwise he will likely not bo here. 

Mr. HISCOCK. Well, Mr. President, I regret that my friend 
from Kentucky should say that it was necessary to banish me 
from this honorable body, and 1 regret that the Senatoi' from 
Kentucky should feel that it is m^cessary to institute a compari- 
son between himself and myself and between himself and his col- 
league and myself aud my colleague about our capacity to repre- 
sent our respective States. I am surprised that this discussion 
should run in that direction, that there sliould be this interest, 
this feeling in respect to this measure. I do not understand it. 

Mr. Pi'esident, I said that it seemed to me proper that I 
should state the surroundings of this measure. Let mo go a lit- 
tle further. In 1890— July H, 1S!II), I think it was— Congress 
passed a law incorporating a bridge company to build a bridge 
across the Hudson River within about two mib-s of where tliis 
bridge is proposed to be located. That company was organized. 
I think I am justified in saying that the gentlemen who were at 
the head of that enterprise were distinguished as men of energy, 
of wealth, and of very high character. 

The president of the company is Jordan L. Mott, who is also 
president of the J. L. Mott Iron Works. The vice-president is 
Edward F. C. Young, who is also president of the First National 
Bank of Jersey City, N. J., tho loading financial instittition of 
that State. The treasurer of the company is Charles J. Cauda, 
ex-Treasurer of the United Slates at New York, and president 
of the Cauda Stock Car Company. The following are the mem- 
bers of the board of directors: .lames Andrews, Thomas F. Ryan, 
William Brookfield, and Samuel Ilea. The following are among 
the incorporators and stockholders: John King McLanahan. of 
Pittsburg; Garrett A. Hobart, of Patersou, N. J., leading citi- 
zens of those plac-'s; P. W. Roebling, who, with his father, con- 
structed the Brooklyn Bridge; Henry Flad, of St. Louis, Mo., 
a member of tho Mississippi River Commission and a civil engi- 
neer of eminence; Gustav Lindenthal, a prominent civil engi- 
neer: A. G. Dickinson, William F. Shunk. chief of engineers for 
the intercontinental Railway; Philip E. Chapin, Malcolm Gra- 
ham, and Charles F. MacLean, of New York. 

That company organized by the election of officers and a sub- 
scription of $1,000,000 to the capital stock,;") per cent of which 
was paid in. They have completed the plans of their bridge; 
they have been furnished to the War Department, and this was 
done within six months after the passage of the act. Extensive 
hearings were held by the Bjardof Engineers in New York, the 
plans modified in accordance with their reiiort, and finally ap- 
jjroved by the Secretary of War. 

An action wc.s brought in relation to tho condemnation of land, 
and it was decided; and the representatives of the company are 
now in Berlin, Vienna. London, and Paris, negotiating bonds to 
build that bridge. None of the stock has ever been offerei for 
sale outside of the organization. 

Immediately that enterprise was launched under the circum- 
stances I have stated, this secDud enterprise is started— why I 
do not undertake to say 

The PRESIDING OFFICER. The Senator will please sus- 
pend. The hour of 2 o'clock having arrived, the Chair lays be- 



6838 



CONGRESSIONAL EECORD— SENATE. 



July 27, 



fore the Senate the unfinished business, the title of which will 

llP RtlitdQ 

The Secretary. A bill (H. B. V845) defining "options" 
and '-futures," imposing special taxes on dealers therein, and 
requiring such persons engaged in selling certain products to 
obtain license, and foi' other purposes. 

The. PRESIDING OFFICER. The question is on the motion 
of the Senator from Colorado [Mr. WoLCOTT] that tbo bill and 
the i)ending amendments be referred to the Committee on Fi- 
nance. 

Mr. BLACKBURN. I move that the ponding measure be 
laid aside temporarily until the bill on which the Senator from 
New York was addressing the Senate may be completed. 

Mr. HISCOCK. I object. 

The PRESIDING OFFICER. Objection is made. 

DEALING IN OPTIONS AND FUTUEES. 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (H. R. 7845) defining ' 'options" and ' 'futures," 
imposing special taxes on dealers therein, and requiring such 
dealers and persons engaged in selling certain products to obtain 
license, and for other purposes. 

Mr. COKE. Mr. President, I propose to detain the Senate 
just long enough to make a brief presentation of the reasons for 
my vote on this bill and the amendments proposed to it. 

The pending bill is claimed by its advocates to bo fully justi- 
fied as a constitutional measure by the first clause of section s, 
Article I, of the Constitution, which is in these words: 

The Congress shall have power to lay and collect taxes, duties, Imposts 
and excises, to pay the debts and proTide for the common defense and gen- 
eral welfare of tlie United States. 

In the debate on the oleomargarine bill in 18S6, I gave with 
some elaboration my reasons for opposing the use of the taxing 
power of the Government for any other purpose than that of 
raising revenue, and my opinions have undergone no change 
sinca that time. The avowed purpose of that bill was to ham- 
per, obstruct, and, if practicable, destroy the manufacture of 
oleomargarine, a pure, healthful, and nutritious article of food 
desired by our people, because an economical substitute for but- 
ter, in order that the butter-making industry should have no 
competition for its products iu our markets. 

I hold then, as I hold now in respect to the pending bill sent 
here from the House, in which there is to be found no single 
provision under which anybody will claim that enough revenue 
will be raised to pay 10 per cent of the expense of enforcing it, 
and which us,-S the taxiug power solely for the purpose of destroy- 
ing what is admitted to be a great evil existing in some of the 
States, that it was a plain and palpable misuse and pervensiim 
of the great power to ''lay and collect" taxes, vested by the 
Conbtitution in the Congress for the sole purpose of raising- 
revenue for the support of the Government. When the oleomar- 
garine biU was reported from the House, it provided simply for 
taxing to death — out of existence — the manufactui-e of oleomar- 
garine; but was amended in the Senate so that it does produce a 
little revenue, perhaps $1,000,000 annually, and that comes out 
of the poor people of the country who are not able to buy gilt- 
edge butter. 

It will be remembered that when this bill passed all sorts of 
devices were being resorted to by the Secretary of the Treasury 
to get out in circulation among the people a surplus of revenue 
then locked up in the Treasury, amounting to $150,000,000 or 
thereabouts. The taxing powers of the Government were used, 
of course, not to raise revenue, of which we had at that time an 
embarrassing surplus, but for the protection of butter-makers 
against competition by destroying the manufacture of oleomai-- 
garine. The bill now before -the Senate imposes a tax on " op- 
tions and futures" dealers, which it is admitted by all and de- 
nied by none will destroy and extirpate the business in the 
United States without producing one dollar of revenue. The 
taxing power was not vested in Congress for any such purpose; 
and such use of it would be a perversion so clear and manifest 
from its original design as to show an unmistakable dis?&gard 
of constitutional obligation. 

The framers and advocates of this bill do not claim or pretend 
that Congress possesses, under the taxing clause, the constitu- 
tional power to deal directly with this subject and prohibit the 
"options and futures" business; but, in order to accomplish the 
same purpose indirectly, desire to exercise the taxing power 
granted to Congress not for this, but for an entirely ditteront 
purpose. Tliis bill is constitutional solely on the ground that 
its object and purpose is to raise revenue. On any other hy- 
pothesis it is utterly unconstitutional. It is a fact of common 
and jjublic notoriety, one known of all men who have ever Vi ad 
the bill, tiiat it will destroy the vei-y subject-matter proposed to 
be taxed, making the collection of revenu?. under it impossilde. 

We all know this to be the natural and reasonable and inev- 



itable result of the bUl if it becomes a law. To place such au 
enactment on our statute book, claiming it to be a revenue meas- 
ure, will in my judgment be to perpetrate a legislative fraud, to 
record a legislative falsehood. Our Federal Government is one 
of granted, enumerated, and limited powers. He who would 
claim Federal jurisdiction over a subject must be able to put 
his finger on the clause of the Constitution containing the grant 
of power over it, or must show that its exercise is necessary and 
proper in order to effectuate a granted power. This is a prin- 
ciple repeatedly announced by Chief Justice Marshall in constru- 
ing and applying the Constitution. As a rule of construction it 
is nowhere questioned. Justice Matthews, in delivering the 
opinion of the court in Barber vs. Crowley, and Soon Hing vs. 
Crowley (113 United States Reports), says; 

"When we consider the nattire and theory of our Institutions of govern- 
ment, the principles upon which they are supposed to rest, and review the 
history of their development, we are con strained to conclude that they did 
not mean to leave room lor the play and action of purely personal and arbi- 
trary power. 

This utterance of the organ of the Supreme Court of the United 
States is based on the universally admitted fact that specific 
grants of power, limited to well-defined subjects-matter, the ag- 
gregate whole covering the entire field of Federal action, leav- 
ing nothing pertinent to the national welfare uncared for or un- 
provided for, are plainly made and set forth in our Constitution. 
There is no room left for the action of arbitrary power; for by 
express provision of the tenth amendment to the Constitution 
''The powers not delegated to the United States by the Consti- 
tution, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people," 

Powers not granted in the Constitution but exercised by Con- 
gress can not bj otherwise than invasions of the reserved rights 
of the States; and such is the character of the proposed exorcise 
of power in the pending House bill. Under the power to "lay 
and collect taxes," it proceeds to lay the taxes in such mode 
as to destroy utterly the power to collect them, and to establish 
irresistibly the conclusion that the object of the bill is to destroy 
the subject-matter of theproisosed tax and not to collect revenue. 

Thus to pervert the great taxing power, granted solelj' to raise 
revenue for the support of the Government, and make of it an 
engine of destruction to be used at the will of Congi-ess, would be 
a naked usurpation and exercise of arbitrary power and change 
this Government from a constitutional one to a government of 
Congressional majorities. For it must bo remembered that tho 
taxiug power vested in Congress is universal, and reachesevery 
citizeii and all his property, subject only to the limitation that 
it shall be exercised only for the support of the Governmentand 
shall be uniform thi-oughout the United States. If this groat 
all-pervading jiower can be perverted as proposed by the House 
bill for purposes of destruction, not to raise revenue, in this in- 
st-ance. why may it not be used in the same way in any or all 
other instancesV 

If Congress possesses the power to tax out of existence one 
business, it equally possesses the power to destroy all or any 
other by taxation. Under this construction of the Constitution, 
the great mass of jiowers not delegated to the National Govern- 
ment nor prohibited to tho States, but expres.sly reserved by tho 
tenth amendment to the States respectively or to the people, 
commonly known as the polics powers of the States, will be held 
solely by the sufferance and at the will of Congress. 

If the power to lay and collect taxes may be perverted as pro- 
posed in this bill from its purpose as a revenue-raising power, to 
the accomplishment of objects foreign to and not embraced in its 
scope or design, the other great grants of power to Congress in sec- 
tion 8, Article I, of the Constitution, maybe similarly employed, 
thus covering the entire field of governmental agency, including 
as well the powers reserved to the States and the people as those 
grant -d by the Constittition to Congress. No more complete 
revolution can be brought about in our Government than can be 
accomplished through this method. I hold, Mr. President, that 
Congress can not constitutionally do through indirect means that 
which can not constitutionally be done directly; in other words, 
that under the pretext of executing its powei-s Congress can not 
deal with subjects lying outside of its jurisdiction. In McCul- 
loeh r,s. Maryland, 4' Wheat., Chief Justice Marshall, discussing 
the powers of Congress, said; 

Should Consress, in the execution of its powers, adopt measures which are 
prohibited by the Constitution, or should Congi-ess, tmderthe pretext of exe- 
cutiuK its powers, pass laws lor the accomplishment of objects not intrtisted 
to the Government, it would become the painful duty of this tribunal, shotild 
a case requiring such a decision come before it, to say that such an act was 
not the law of the land. 

The Supreme f Jourt of the United States have repeatedly held 
that the Stat ■ statutes intended as an indirect means of invading 
Federal jurisdiction, wiU be inquired into a, to motive and de- 
sign and held of no effect, though apparently constitutional on 



1892. 



CONGRESSIONAL EECORD— SENATE. 



6843 



professions, in commerce, in manufactures, and in transportaf on. Tlie 
power of the State, as to the mode, form, anti extent of taxation, is iinlim- 
u<d, where the subjects to which it applies are within her jurisdiction. 

In support of this the leaniecl commentator cites the case of 
McCulloug-h vs. Maryland, 4 Wheaton, 428; also the casa of the 
State tax on foreign bonds, 15 Wallace, 319. 

In the case of the Pacitie Insurance Company us. Soule (7 Wal- 
lace, 443) the court, opinion by Justic3 Swayne, said: 

Where the power of taxation exercised by Congress Is warranted by tlie 
Constitution as to mode and subject it is necessarily imlimited in its nature. 
Conere.ss may prescribe the basis, fix the rates, and require payment as it 
may" deem proper. Within the limits of the Constitution it is supreme in 
its action. No power of supervision or control is lodged in either of the 
other departments of the Government. 

And farther on in the same case the court says: 

The taxing power is given in the most comprehensive terms. The only 
limitatious imposed are: That direct taxes, including the capitation tax, 
shall bo apportioned; that duties, imposts, and excLses .shall be unifcirni: 
and that no duty shall be imposed upon articles exported from any Stat,-. 
With these exceptions, the exercise of the power is in all respects unfettered. 

The distinguished Senators from Louisiana [Mr. White] and 
from New York [Mr. HisCOCK] deny that the decision of the 
court in the case of the Veazie Bank vs. Fonno, 8 Wallace, goes 
to the extent of sustaining the doctrine for which I am con- 
tending. Let us see how tliis is. That was a case where an act 
of Congress— that of July l.'i, 18(j6 — provided that every national 
banking association. State bank, or State banking association, 
should pay a tax of 10 per cent of the amounts of the notes of 
any State bank or State banking association paid out by them 
after the 1st day of August, 1866; and the first question before 
the court was as to whether this -was a direct tax within the 
meaning of that clause of the Constitution which requires that 
"direct taxes shall be apportioned among the several States, 
according to their respective numbers." The court held it was 
not. The next question for the court was, whether it was a tax 
on a franchise granted by a State which Congress, upon any 
principle exempting the reserved powers of the States from im- 
pairment by taxation, must be held to have no authority to col- 
lect. This question the court disposed of by holding that the 
tax in that particular case was not laid on the franchise of the 
bank, but on property created or contracts issued under the 
franchise or power to issue bank bills, and that as such this 
property was a proper subject of Federal taxation. 

The next and only remaining question in the case, and the 
one in reference to which the ruling was made, which is now 
invoked in support of the constitutionality of the pending bill, 
was this: It was insisted by the counsel attacking the constitu- 
tionality of the act that the tax was excessive, and so excessive 
as to indicate a purpose on the part of Congress to destroy the 
franchise of the bank, and was for that reason unconstitutional. 
In other words, that it was a perversion of the power of Congress. 
This objection was met by the court, and overruled by the court 
on two very distinct and entirely different grounds, having no 
connection with or relation to each other. And right here I 
must be permitted to remark that in his reference to this case, 
and in his statement as to what was before the cotirt, and what 
was decided by the court, the distinguished Senator from Lou- 
isiana [Mr. White], generally so entirely fair and frank, was 
scarcely wholly free from disingenuity . I have too high an opin- 
ion, however, and cherish the friendship of the Senator too 
highly to think for one moment on account of this one seeming 
departure to classify my friend with those described by Hume 
when he says: " Persons entirely disingenuous, who do not be- 
lieve the opinions they defend." 

The Senator, in his speech analyzing this case, and stating 
what was decided, said — I quote from his speech: 

There has been some question raised about the case of Veazie vs. Fenuo, 
as bearing upon this issue. It is said. Why, did you not impose a tax of 10 
per cent upon State banks upon their circulation, and did not the Supremo 
Court declare that valid ? That case is cited as authority now. It is alw.ays 
that way. It has been that way since the foundation of the Government. If 
ever a decision is made in any way looUing toward the destruction of the law- 
ful powers of the States, artxuments have always come up to pervert, to ex- 
tend, to vitiate, and to amplity in order that there may be authority for a 
stretch of power and thus take some further liberty from the people. Now, 
what was the Veazie i',«. Fennocase? 

Here I call attention to what the Senator from Louisiana de- 
clared was that case, and I undertake to say that while he stated 
one branch of the case correctly he entirely omitted to state the 
other ground upon which the act was held to be valid. What 
was that case? The Senator said: 

I know nothing which can throw more light upon a case than the brief of 
coimsel. 

I will say right here that I think the decision of the court 
throws more light on a case than the brief of counsel, so far as 
that is concerned. 

In the discussion of that case there was no statement by counsel that the 
question involved was the perversion of the taxing power. The attack m.ade 



upon the statute was this: That this statute was unconstitutional because 
it taxed a State corporation. 

Wlien that went to the com-l what did it say? The Constitution has lodged 
in Congress the power to regulate cuirency. In the exercise of that power 
Congress has authority to wipe out .a State corporation by taxation. True 
the court, argueii'lo. said that it was either a tax or a prohibition. If a pro- 
hibition, the constitutional authority lying back of the statuta was found — 
where; In the clause delegating to Congress the power to regulate the cur- 
rency. If a tax, it was not illegal, becaiise Congress had the power to use 
the taxing power to prohibit that which It had the right to prohibit under 
another provision of the Constitution. 

The case does not cover the question now here. It does not intimate the 
power to surreptitiously use the taxing power which is hero presented. It 
is true the court, arguendo by the Chief .Justice, made use of expressions 
which may be misconstrued and which are now used to support the conten- 
tion that Congress has. by pretending to tax, the power to destroy every 
limitation found in the Constitution. This case does not so decide. It seems 
to me that ends this contention. 

Now, Mr. President, any person, either lawyer or layman, 
re.iding the above, would unquestionably conclude that the only 
contention before the court was that the act under consideration 
was unconstitutional, to use the language of the Senator, "be- 
cause it taxed a otate corporation," and that the act was held 
to be constitutional because the Constitution had lodged in 
Congress the power to regulate the currency, and that in the ex- 
ercise of that power Congress had authority to wipe out a State 
corporation by taxation. Very true; the court did decide all 
that; but that, Mr. President, was only one of tho reasons, and 
this, too, the last one given by the court in support of the oonsti- 
tutionjrlity of tho statute then under consideration. 

The honorable Senator overlooked the fact— not intentionally, 
but failed to notice it. all the same— that before jiassing to the de- 
cision cited by the Senator, the court had on other and entirely 
ditTerent grounds sustained the constitutionality of thi^act. This 
is made plain by a reference to page 54S of the opinion, and to 
this I attract tho special attention of the distinguished Senator 
and the Senate. I quote now, not from the brief of counsel, but 
from the opinion of the court. Says Chief .Justice Chase: 

It is insisted, how.^ver. that the t.ix in th"? casa before us Is exessive, and 
so excessive as to indicate a purpose on the part of Congress to destroy the 
franchise of the bank, and is, therefore, beyond the constitutional jjower of 
Congress. 

That was the question before tho court.' Tho question was not 
solely, as stated by the Senator from Louisiana, as to whether 
Congress had the jiower to tax a State corporation, but the con- 
tention was that the tax on tho.se bank notes was not only ex- 
cessive but so excessive as to indicate a purpose on the part of 
Congress to destroy the franchise of the bank, and for that rea- 
son it was beyond the constitutional power of Congress. Then 
Chief Justice Chase further says: 

T'hefiret answer to this is that the judicial can not prescribe to the legis- 
lative department of the Government limitations upon the exercise of its 
acknowledged powers. The power to tax may be exercised oppressively 
upon persons, but the responsibility of tho Legislature is not to tho courts, 
but to the people by whom its members are elected. So it a particular tax 
bears heavily upon a corporation, or a class of corporations. It can not, for 
that reason only, be pronounced contrary to the Constitution. 

And then the court, after stating the above and passing from 
this decision, used the following language: 
But there is anol/ur answer. 

The court had already given one answer why that act was con- 
stitutional, placing it upon certain specific grounds that had no 
connection whatever with the banking system ot'the States; and 
then the Chief .Justice says: 

But there is anotlur answer which vindicates equall.v the wisdom and the 
power of Congress. 

And then follows that portion of the opinion cited, or referred 
to by the distinguished Senator from Louisiana, showing clearly, 
and beyond the possibility of successful contradiction, that the 
constitutionality of the act was sustained, not upon one ground 
alone, but upon tu-o separate and distinct grounds. 

The Senator from New York also dismissed the Veazie Bank 
case with still less ceremony than did the honorable Senator 
from Louisiana. Little more than a wave of the hand was vouch- 
safed from that distinguished source. On my calling his atten- 
tion to it in the hope of eliciting the views of the distinguished 
Senator as to what precisely tho court did decide in that case, I 
was met with this vague and unsatisfactory answer: 

I have read that case. We have all read it I must say to the Senator 
from Oregon we are all familiar with that case. I do not understand it as 
he does. 

xVnd with no elucidation or statement I was left and the Sen- 
ate was left, in utter and absolute ignorance of just how the Sen- 
ator from New York does understand that case. 

And right here, Mr. President, before passing from consider- 
ing that portion of the speech of the Senator from J.,nuisiana 
[Mr. White] relating to the Veazie Bank case, I must be per- 
mitted to place that Senator on the witness stand in support of 
the doctrine, as to the right to prohibit any particular thing, that 
Congress has the power to employ the taxing power for some 
other purpose than that of I'ai.sing revenue, or, in other words, 



6846 



CONGRESSIONAL RECORD— SENATE. 



July 27, 



to use the taxing power in order to prohibit. I quote a sen- 
tence from the Senator's speoch. In reciting what he undei-- 
stood the court decided in that case, and after declaring that the 
court said, arguendo, that it was either a prohibition or a tax, 
he saj's: 

It a tax, It was not illegal, because Congress had the power to use the tax- 
lug power to prohibit that which it had the right to prohibit imder another 
provision of the Constitution. 

In this view, therefore, if my distinguished friend from Mis- 
sissippi is riglit, that Congress under the commercial power maj' 
proliibit options and futures, then it is clear the taxing power 
may bo employed to tax them out of existence. 

.ludge Cooley, in his work on Constitutional Limitations, in 
discussing the powers of Congress under the taxation clause of 
the Constitution, jiage 484, says: 

Strong as is tlie language employed to characterize the taxing power in 
some of the cases which have considered this subject, subsequent events 
have demonstrated that it was by no means extravagant. An enormous na- 
tional debt has not only made imposts necessary which in some cases reach 
several himdred per cent of the original cost of the articles upon which they 
are imposed, but the sj'stems of State banking which were in force when 
the necessity for contracting that debt first arose have been literally, taxed 
outof existence by burdens avowedly imposed for that very purpose. 

And in support of this view tlie distinguished commentator 
citos the case of the Veazie Banlc, 8 Wallace: 

If Congress has the constitutional power, as the Supreme Court 
of the United States has held it has, to employ the taxing power 
of the Constitution to support and uphold the national-banking 
sysJem of the country, even to the extent of crushing out the life 
of State-bank issues, then it would seem to follow necessarily tliat 
that .same power could be not only constitutionally but projjerly 
and appropriately invoked to provide for the general welfare of 
the Unitjd States by laying burdensome excises on the business 
of options and futures, wliich all here seem to agree in denounc- 
ing as inimical in their influence and threatening imminently 
in the highest degree to that general welfare. 

If Congress may constitutionally impose imposts — a customs 
tax — at a rate far beyond that required for revenue, and not for 
the purpose of revenue, but to promote tlie general welfare of 
the United Slates by taxing to death foreign importations, wliich 
come in competition with the products of our own country, in 
order to protect American manufacturers and American labor, 
as the Supreme Court of the United States has held it constitu- 
tionally Ciin do, then I invoke in the name of thatsame Constitu- 
tion the power and the right to lay an excise tax on a business 
that has grown up in this country, which strikes a deathblow in 
its pernicious effects at the great agricultural industries of this 
country; which is daily and hourly inflicting fatal stabs at the 
general prosperity of the country: which, in its very nature, 
as.sails with deadly effect the general welfare of the United States, 
and a business which no Senator on this floor, of any political 
party, has the courage to rise in his place and defend. 

It Congress can, constitutionally, as it has done, throttle the 
great trust cobra; if it can, through the instrumentality of the 
taxing power, as it has done, protect the people of this country 
from the gigantic frauds perpetrated on them by the manufacture 
and sale of oleomargarine; if it can by virtue of the taxing power 
promote the general welfare of the United States by laying pro- 
hibitory duties on foreign im])ortations, then I invoke that same 
constitutional power in aid of the interests of 2"), 000, 000 of peo- 
ple interested in agriculture in this country and whose interests 
constitute so important a factor in the general welfare of the 
United States. 

presidentijUl approvals. 

A message from the President of the United States, by Mr. O. 
L. Prudkn, one of his secretaries, announced that the Presi- 
dent had on the 2Gt"h instant approved and signed the follow- 
ing act and joint resolution: 

An act (S. 1793) to legalize the deed and other records of the 
Oflica of Indian Affairs, and to provide and authorize the use of 
a seal by said office; and 

A joint resolution (S. R. 104) giving authority for the erection 
at uvuiliMinl wires for tlie illumination of the city of Washington 
during t^e encampment of the Grand Army of the Republic dur- 
ing September, 1892. 

The me.ssage also announced that the President had on this 
day approved and signed the following acts: 

An act(S. ()20) to amend an act entitled "An act to promote the 
administration of justice intha Army," approved October 1, ]890; 

An act {S. 021) to provide for the collection, custody, and ar- 
rangement of the military records of the American revolution 
and the war of 1812: 

An act (S. 898) U> furnish the Gettysburg Battlefield Memorial 
Association at Gettysburg, Pa., with specimens of arms, accouter- 
ment.s, etc., used by the armies in the battle of Gettysburg for 
exhibition and preservation at the Gettysburg Mu.'ieum; 

An act (S. 1039) to define the grade of certain medical ofiicers 
of the Array, and for other purposes; 



An act (S. 1230) amending the act of October 1, 189D, entitled 
"An act to provide for the examination of certain officers of the 
Army, and to regulate promotions therein; 

An act (S. 1295) to authorize the construction of jetties, piers, 
and breakwaters at private expense in the Gulf of Mexico at the 
mouth of Rojies Pass, in the State of Texas; 

An act (S. 2470) to amend the Articles of War, and for other 
purposes; 

An act (S. 3154) to amend section 9 of the act for the relief of 
certain volunteer and regular soldiers of the late war and the 
war with Mexico passed March 2, 1889; and 

An act (S. 1498) for the establishment of additional aids to nav- 
igation at Tampa Bay, Florida. 

FRANCIS A. E. BRIOT. 

Mr. SAWYER. I ask the unanimous consent of the Senate to 
consider at this time the bill (.S. 1662) for the correction of the 
military record of Francis A. E. Briot. It is only a short bill, 
to remove a charge of de.sertion. 

By unanimous consent, the Sena'e, as in Committee of the 
Whole, proceeded to consider the bill, which had been reported 
from the Committee on Military Affairs with an amendment to 
add to the bill the words "to date March 24, 1802," so as to make 
the bill read: 

Bf it enacted, etc.. That the Secretary of War be, and he hereby is, an- 
thorized and dU-ected to remove the charge of desertion now standing against 
the name of Francis A. E, Briot, late a private in Company G, Seveuleenth 
Wisconsin Volunteers, and grant him an honorable discharge as member of 
said company and regiment, to date March Zi, 1862 . 

The amendment was agreed to. 

The bill was rejjorted to the Senate as amended, and tlie 
amendment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

NATIONAL HIGHWAY COMMISSION. 

Mr. CULLOM. I ask leave to call up the bill (S. 3368) to create 
a national highway commission and to prescribe its duties. The 
Committee on Interstate Commerce report a substitute, to strike 
out all after the enacting clause and insert what I ask to have 
read. 

The PRESIDING OFFICER (Mr. Chandler in the chair). 
Is there objection to the present consideration of the bill? The 
Chair hears none, and it is before the Senate as in Committee of 
tlie Whole. 

The amendment of the Committee on Interstate Commerce 
was to strike out all after the enacting clause and insert: 

That a nation.al highway commission, to be composed of two Senators, live 
members of the House of Representatives, and Hve citizens appointed by the 
President, be created for the ptirpose of general Inquiry into the condition 
of highways in the United .States, and means for their improvement, and 
especially the best methoJ of securing a propar exhibit at the World's Co- 
lumbian Exposition of approved appliances for road-making, and of pro- 
viding for public instruction in the art during the Exposition. 

SEC. 3. That the Commission shall hold its ilrst meeting at the office of the , 
World's Columbian Commission, in Chicago, at noon on the 21st day of Oc- 
tober, IS9;i, and shall make a preliminai-y report to Congror?* at the begin- 
ning of the next session, covering its recommendations respecting theEx- 
Ijosition and its general plan of inquiry an 1 action. 

Mr. GRAY. Is that bill before the Senate? 

Mr. CUXLOM. It is. 

Mr. GRAY. By unanimous consent? 

Mr. CULLOM. Yes, there is nothing objectionable in it. 

Mr. GRAY. I did not understand the question. Ithoughtthe 
Senator asked to have it considered and that the question would 
\)e submitted to a vote of the Senate, or I should certainly have 
objected. 

Mr. CULLOM. The bill proposes a mere committee of inquiry. 
It does not cost the Government a cent. There is no approjjria- 
tion in it. 

Mr. GRAY. I did not undei-stand that the bill was taken up. 
I object to its consideration. 

Mr. CULLOM. I think the Senator had better allow it to 
pass. 

The PRESIDING OFFICER. Does the Senator from Dela- 
ware object to the consideration of the bill? 

Mr. GRAY. I object. 

The PRESIDING OFFICER. The Chair- understands the 
Senator from Delaware to object to the further consideration of 
the bill. 

Mr. CULLOM. I believe I liave no right to move to proceed 
to its consideration at this time? 

The PRESIDING OFFICER. Being objected to, the bill re- 
sumes its jDlace on the Calendar? 

CABLE BETWEEN SAN FRANCISCO AND HONOLULU. 

The PRESIDING OFFICER laid before the Senate the fol- 
lowing message from the President of the United States; which 



1892. 



CONGRESSIONAL RECOED— SENATE. 



6875 



COMMITTEE ON TERRITORIES. 

The VICE-PRESIDENT. The Chair lays before the Senate 
a resolution coming over from a previous day, which will bo read. 

The Chief Clerk read the following resolution, submitted by 
Mr. Platt July 21, 1892: 

Resolved, That the Committee on Territories, or any subcommittee thereof 
appointed for the purpose, are hereby authorized during the recess of Con- 
gress to visit the Territories of New Mexico. Arizona, Utah, and Oklahoma 
for the purpose of obtaining information with regard to the resources, pop- 
ulation, and condition of said Territories, and as to the propriety of the ad- 
mission of the same as States, and that the expenses of said committee be 
paid out of the contingent fund of the Senate, 

Mr. HARRIS. Has that resolution been reported from tbe 
Committee to Audit and Control the Contingent Expenses of the 
Senate? 

The VICE-PRESIDENT. It has been. 

The resolution ^vas considered by unanimous consent, and 
agreed to. 

PRESIDENTIAL TERM. 

The VICE-PRESIDENT. Is there further morning business? 
If not, that order is closed, and the Calendar under Rule VIII 
is before the Senate. 

The joint resolution (S. R. 02) proposing an amendment to the 
Constitution concerning the eligibility to the office of President 
was announced as the first business in order on the Calendar. 

Mr. COCKRELL. Let that be passed over. 

The VICE-PRESIDENT. The joint resolution will be pa.ssed 
over without prejudice. 
SUFFERERS BY WRECK OF UNITED STATES STEAMER DESPATCH. 

The bill (S. 31.38) for the relief of the sufferers by the wreck 
of the United States steamer Despatch on Assateague Shoals, 
Virginia, was announced as next in order. 

Mr. COCKRELL. Is there a report in that case? 

The VICE-PRESIDENT. There is. 

Ml-. COCKRELL. Let it be read. 

The VICE-PRESIDENT. The report will ba read. 

The Secretary read the following report, submitted by Mr. 
Hale May 20, 1892: 

The Committee on Naval .Affairs, to whom was referred the bill (S.3138) for 
the relief of the sufferers by the wrec.c of the United States steamship De- 
spatch on Assateague Shoals, Virginia, have had the same tinder consider- 
ation, and beg leave to report it back with amendments and recommend its 
passage as amended. 

This bill is exactly in line with the action of your committee in similar 
cases— notably, the' Tallapoosa, Vandalia. Trenton, Nipsic. Huron, Oneida, 
Grampus, Washington, and Somers cases— in all of which the bills became 
enactments with the exception of the Tallapoosa measure now on the Sen- 
.■vte Calendar. 

In view of the above your committee feel that the relief prayed for and 
proposed in this bill should be granted. 

Mr. COCKRELL. Before this bill is passed, I should like to 
make some inquiries in regard to the rule to determine the value 
of properly lost. I see the bill makes no provision for any rule 
to determine it. In the Military Committee, in estimating the 
losses of officers and men in the Army, compensation for such 
losses is confined to such things as are actually necessary and 
proper for them in the service at the time. But the Senator 
who reported the bill is not present, and I ask that it may bs 
passed over. 

The VICE-PRESIDENT. The bill will be passed over with- 
out prejudice. The next bill will be stated. 

HUDSON RIVER BRIDGE. 

The next bill on the Calendar was the bill (S. 2620) to authorize 
the New York and New Jersey Bridge Companies to construct 
and maintain a bridge across the Hudson River between New 
York Citv and the State of New Jersey. 

Mr. HISCOCK. Is that bill up for consideration? 

The VICE-PRESIDENT. It is reached in regular order on the 
Calendar. 

Mr. HISCOCK. It is not the regular order. It goes over. 

Mr. HARRIS. It is reached in the regular call of the Calen- 
dar. 

Mr. HISCOCK. I object to its consideration. 

The VICE-PRESIDENT. Objection is made, and the bill goes 
over. 

Mr. HISCOCK. I want it to go to the Calendar under Rule 
IX. 

The VICE-PRESIDENT. The bill will go to the Calendar 
under Rule IX. 

WASHINGTON AND GEORGETOWN RAILRO.\D COMPANY. 

The bill (S. 3109) to amend the act incorporating the Wash- 
ington and Georgetown Railroad Company was considered as in 
Comraitte_' of the Whole. 

The bill was reporU-d from the Committee on the District of 
Columbia with amendments. 

The first amendment was, in section 1, line 10, after the word 
"Bridge," to insert: 

And provided further, That noihing in this act shall be construed to au- 



thorize this road, or any other r.ailroad, to make an.v use for railway purposes 
of the Aqueduct Bridge, or any portion thereof. 

So as to make the section read: 

That the Washington and Georgetown Railroad Company is hereby author- 
ized and required to changeits trackasfollows: Commencing at Maud High 
stre-ts, inthecityof Georgetown: thence west along M street to the Aque- 
dujt Bridge: Provided, That the terminal points hereby authorized shall be 
located, under the direction of the CdninUssioners of the District of Colum- 
bia, so as not to interfere with access to the said Aqueduct Brid.ge: And 
provided/url/ier, Thatnothing in this act shall be construed to authorize this 
road, or any other railroad, to make any use fur railway purjioses of the 
Aqueduct Bridge, or any portion thereof. 

The amendment was agreed to. 

The next amendment was, in section 2, lino 3, to change the 
date "1892" to " 1893 ;" so as to make the section read: 

Sec. 2. That the changes hereby authorized and required shall be made 
and ears shall be operated on the extension of the line by December 1, 1.S93; 
and during the laying of said tracks the amount of street to be opened at 
any one time, and the closing of any cross streets, shall be subject to the 
orders of the Commissioners of the District of Columbia, Any damages to 
or changes in any underground conduits made necessary by reason of the 
construction of the road shall be made at the expense of the Washington 
and Georgetown Railroad Company. 

The amendment was agreed to. 

The next amendment \vas, to Insert as a new section Uio fol- 
lowing: 

Sec. 3. That the construction of said railway on any street where there 
are or may be any mains, fixtures, or apparatus pertaining to the Washing- 
ton Aqueduct shall be subject to such conditions as may be approved hy the 
Secretary of War, which conditions must be obtained and be accepted in 
WTiting by said company before commencing any work on such street, and 
the operations (if said company in respect of the safety of such mains, flx- 
tnres, or apparatus .shall always be subject to the control and direction of 
the Secretary of War and subject to the right of the Secretary of War or 
other lawful public authority to intcrrui>t the construction or use of said 
railway whenever necessary for the protection or repair of such mains, fix- 
tures, or apparatus. The said comiKitiy shall, before commencing work on 
said railway on such street, deposit with the IVeasurer of the United States 
to the credit of the Washington .•VciueiUicl such sum as the Secretary of War 
may consider necessary to defray all the expenses that may be incurred by 
the United States in connection with the inspection of the worl; of construc- 
tion of said railway on such street and in making good any damages done 
by said company or its works or by any of its contracting agents to any of 
said mains, tixtures, or apparatus, and in completing, as the .Secretary of 
War may deem necessary, any of the work that the said company may iieg- 
lect or refuse to complete and that the Secretary of War may consider nec- 
essary for the safety of said mains, fixtures, or .apparatus; and the said com- 
l>any "shall also deposit as aforesaid such further sums for said puri)t)scs at 
such times as the Secretary of War may consider necessary: Provided. That 
the said sums shall be disbursed like other moneys aiJproprialed fur the 
Washington Aqueduct, and that whatever shall remain of said deposits at 
the end oi one year after the completion of said railway in such street shall 
be returned to said company on the order of the Secretary of War with an 
account of their disbursement in detail: And provided also. That disburse- 
ments of said deposits shall, except in case of emergency, be made only on 
the order of the Secretary of War, The exercise of the rights by this act 
granted are to terminate at the pleasure of the Secretary of War in case of 
persistent neglect by said company or by its successors to make the deposits 
or to comply with any of the conditions, requirements, and regulations 
aforesaid. 

The amendment was agreed to. 

The next amendment was, to insert as a new section the fol- 
lowing: 

SEC, 4. That Congress hereby reserves the right at any time to alter, amend, 
or repeal this act. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

PUBLIC L.\NDS FOR P.\RIC IN MINNESOTA. 

Mr. MORGAN. I ask unanimous consent to report at this time, 
from the Committee on Public Lands, the bill (H. R. 222) to 
grant certain public lauds to the State of Minnesota for perpetual 
use as a public park, without amendment. 1 will ri^mark that 
this bill was formerly reported by me to the Senate, and on objec- 
tion of the Senator from Minnesota it was recommitted. It is now 
found to be entirely satisfactory, and I again report it to the 
Senate and ask its immediate consideration. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to the consideration of the bill (H. R. 222) to 
grant certain ])ublic lands to the State of Minnesota for per- 
petual use as a public park. 

The bill was reported to the Senate without amendment, or- 
dered to aj^hird reading, read the third time, and passed. 

CORRECTION OF LAND RECORDS. 

The joint resolution fS. R. 85) to correct a misnomer in the 
records of the Genei-al Land Office, and for other purposes, was 
announced as ne.xt in order. 

Mr. MORGAN. There is some disputation about the propriety 
of that joint resolution, which induces me to ask that it may go 
over until December next. I want to see if the parties can not 
agree about it. 

The VICE-PRESIDENT. The joint resolution will go over. 
Does the Senator desire it to retain its place oa the Calendar? 



6876 



CONGRESSIONAL RECORD— SENATE. 



July 28, 



Mr. MORGAN. Yes, sir. 

The VICE-PRESIDENT. It will ba so ordered. 

POST TRADERSHIPS. 

The bill {S. 3117) relating to post tradorships was considered 
as in Committee of the Whole. , 

The bill was reported from the Committee on Military Atiairs 
with amendments, in line 3, after the word "that," to strike out 
"when a vacancy " and insert " where a vacancy now exists or 
hereafter;" and after the word " appointment," at the end of line 
,'), to strike out "shall thereupon terminate and the post trader- 
ship at that post shall cease" and insert " is hereby terminated:" 
so as to make the bill read: 

Be it enacted, etc.. Tliat where a vacancy now exists or hereafter occurs in 
the position of post trader at any military post it shall not be filled, and the 
authority to make such appointment Is hereby terminated. 

The amendments were agreed to. 

Mr. CAREY. I should like to ask the Senator from Vermont, 
who reported the bill, what the rule is in roferenco to these ap- 
pointments':' Are post traders appointed for a term or for an in- 
definite time? 

Mr. PROCTOR. They arc appointed, as I recollect, tor a 
definite time. 

Mr. CAREY. Then the passage of this bill will not necessa- 
rilv displace anybody? 

Mr. PROCTOR. It will not displace anybody who is now m 
that position. I wish to propose an amendment in the way of 
an additional proviso. 

The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. At the end of the bill it is proposed to add: 

ProviiUd That in the event of the death of a post trader, his personal rep- 
resentative shall be allowed by the Secretary of War a reasonable time in 
which to close the business. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

KENTUCKY AND INDIAN.«i BRIDGE COMPANY. 

The bill (S. 3067) granting the right of way to the Kentucky 
and Indiana Bridge Comjiany on and across the grounds of the 
Louisville and Portland Canal, the property of the Government 
of the United States, was announced as next in order on the 
Calendar. 

Mr. SHERMAN. That bill is adversely reported. 

Mr. VEST. This bill was reported adversely by the Commit- 
tee on Commerce for the roasou that a House bill on the sama 
subject had been reported favorably. That bill passed the Sen- 
ate, was signed by the Pivsid;'nt, and is now a law. 

Mr. SHERMAN. Then this bill should be indelinitely post- 
poned. 

The VICE-PRESIDENT. The bill will hi postponed indefi- 
nitely. 

PURCHASE OF LIBRARY OP LATE GEORGE BANCROFT. 

Mr. VOORHEES. I ask the Senate to consider at this time 
Order of Business 1011, being Senate bill 2410, which is favor- 
ably reported. 

There being no objection, the Senate, as in Conimitt;0 of the 
Whole, proceeded to consider the bill {S. 2410) to authorize the 
purchase of the library of historical manirscripts and printed 
books belonging to the estat:^ of the late George Bancroft. 
Mr. VOORHEES. I ask that the report be read. 

The VICE-PRESIDENT. The report will bo read. 

The Secretarv read the following report, submitted by Mr. 
VOORHEES July 19, 1892: 

The Committee on the Library, to whom was referred the bill (S. 2410) to 
authorize the purchase of the library of historical manuscripts and printed 
books belonging to the estate of the late George Bancroft, submit the follow- 
ing report: 

The late George Bancroft by his will gives the Government the first option 
to pvu-chase his ci.illection of historical papers and documents. 

An examinaliun of the library results in tinding that there are about 20.- 
UOO pieces in all, some 14,90'J volumes of books and manuscripts and over 
5,000 pamphlets. 

The collection is particularly desirable for the national tise. for, as would 
be presumed, it consists of the materials for writing the history of the United 
State.s— the working tools of the historian of the country. From the issue of 
the first volume of his work to the death of Bancroft one-half a century 
elapsed. With great industry, exceptional opportunities. knowledg<i to 
select and the aid procured of foreign governments he accumulated a mass of 
historical material which it would seem a patriotic duty to render accessible 
to students and authors, and so far as possible prevent from dispersion or 
destruction such a body of aunals of the nation. 

Bancroft's books abound in marginal annotations by his own hand or that 
of a .secretary. The process of production and revision is exhibited in many 
volumes of different editions of the History. 

Of very great interest are the volumes of the original papers of the com- 
mittee of correspondence (17731, the engine which drew the colonies together 
in the scheme of opposition to tireat Britain— documents pronounced by stu- 
dents to be scarcely inferior iu interest to the Declaration of Independence- 
Many of them the productions of humble men, farmers, and mechanics, and 



others bearing the names of men whose monuments stand In the sculpture 
gallery of the Capitol. 

Samuel Adams, one of the leading spirits of the Revolution, constantly in 
receipt of letters of vital importance to the cause of independence, was at 
the time of his death in ijossession not only of letters but of a large number 
o[ drafts of his own papers and documents, and so much of this collection aa 
had been preserved fortunately passed Into Bancrofts hands at an early 
date, and by him had been arranged in chronological order and bound in nine 
folio volumes, containing in all about 1,3U0 pieces. These papers exhibit the 
discontent at the time of the stamp act. controversies with the colonial gov- 
ernors, relate to the Boston massacre, the destruction of the tea, and the es- 
tablishment of a Congress. 

They are abundant in items such as are sought greedily by the private 
collectors of the country, many pieces having an auction value of hundreds 
of dollars each. 

The breaking .and dispersion of a collection so valuable in detail and so 
inijjortant in its continuity should not be permitted. There are other col- 
lections of documents and papers, and the Revolutionary patriots repre- 
sented include Washington, Franklin. Jefferson, the Adamses, John Han- 
cock, Warren, Prescott, Putnam, Lee, and others too numerous to mention. 
A most useful and important part of the collection may be generally en- 
titled "transcribed doeiunents." These are the gatherings of copies of pa- 
pers in the archives of Europe, and public and private collections at home. 
They are arranged in chronological order, mostly in excellent bindings in 
folio and quarto volumes. They are convenient of reference and of perpet- 
ual value. 

There are some 450 volumes of such papers. Bancroft and his agents were 
often accorded special privileges. The labor of research and the selection 
of pieces by a man of Bancroft's knowledge lends the collection especial 
value. 

Among later papers is the unpublished History of Polk's Administration, 
comprised in 24 quarto volumes, tvpewritten. and with Bancroft's revision. 
The library of books Is rich in colonial and Revolutionary history. State 
and local his'tory. A large number of interesting pamphlets h.ave been gath- 
ered In volumes. Authors collaterally essential to the writer of history are 
abundantly represented. 

The executors of the estate of Mr. Bancroft offer the entire collection of 
historical manuscripts, books, and pamphlets for 175,000. 

Mr. A. R. Spotlord, the Librarian of Congress, has made himself fami- 
liar with the library and commends its acquisition. His experience and great 
knowledge and conservative action in regard to library purchases lend great 
weight to his indorsement of the proposed purchase. 

The Government is by no means rich in original Revolutionary papers. 
Private dem.and and at high prices Is rapidly absorbing scarce material. 
Sooner or later the National Library will be called upon to gather original 
papers. Delay must reduce the material and increase its cost. The posses- 
sion of a department of historical manuscripts in the Library of Congress is 
likely to induce gifts and bequests, as is the case with foreign museums. 

Mr. Joseph F. Sabiu. of New York, has been for twenty-five years associ- 
ated with the sale and purchase of rare and valuable Americana. He has 
carefully examined the Bancroft collection, and considers the price asked a 
reasonable valuation. 

George Bancroft was born in 180D. After graduation at Harvard he re- 
ceived the polish of a European education, and with particular reference 
to the department of history. 

He served the United States Government at various periods. In 1838 he 
was collector of the port of Boston, under Van Buren. Under Polk he was 
Secretary of the Navy, and succeeded in establishing the Naval Academy at. 
Annapolis. He exerted his power for the benetlt of the Washington Obser- 
vatory, While Secret:iry of the Navy he gave orders to take possession of 
California In the event of war with Mexico, and as Secretary of War pro 
tempoir ordered the m.arch into Texas. From 1846 to 1849 he w,as minister to 
Great Britain, and obtained liberal concessions in connection with the navi- 
gation Laws. In 1867 he served as minister to Prussia, and later to the Ger- 
man Confederation, and in that period acted for the United States in set- 
tling the Northwest boundary question with Great Britain. From Germany 
he olitainel a treaty allowing the inlividual the right of expatriation, and 
Great Hritain then followed Germany. 

From ik:!» to ls8'.;he published and revised the History of the United States 
and the History of the Formation of the Constitution. He was the author 
of num-rous orations, and at the request of both Houses of Congi'ess de- 
livered the memoral address on Abraham Lincolu. 

A plea for the Constitution "Wounded in the House of its Guardians " is 
also his work. 
Edward Everett says of his History of th3 United States that— 
"As tar as it goes it does such justice to its noble subject as to supersede the 
necessily of any further work of the same kind. » * * and will unques- 
tionably be forever regarded both as an American and an English classic." 
In a letter written to Gen. James Grant Wilson, Bancroft says: 
"I was trained to look upon life here as a season for labor. » * » I know 
the time for my release will sofm come. Conscious of being near the shore 
of eternity, I aw.ait without impatience and without dread the beckoning of 
the hand which will summon me to rest." 

He m:K-le his will and gave the Government the opportunity to secure the 
results of his labors as a collector of material for the history of his own 
country. 

The Government wotild be tmwise in not preserving a monmnent to the 
industry of a man of letters, enriching itself with the very words and records 
of deeds out of which arose the f.ibric of American Independence. 
Your committee recommend the passage of the bill. 

Mr. GRAY. I should like to ask the Senator fi-oni Indiana if 
there is any amount named in the bill'? 

Mr. VOORHEES. Yes, $75,000; and it is a very moderate 
amount, as the Librarian of Congress and other very experi- 
enced book men of the country believe. 

Mr. SANDERS. I did not'hear the Senator's statement. 

Mr. VOORHEES. The amount agreed upon is $75,000, which 
is extremely moderate, in my judgment. It is the amount fixed, 
however, by Mr. Spotlord, the Libi-arian of Congress, who is 
very experienced upon these subjects, and in that estimate his 
judgment is sustained by book men of large experience, and my 
own judgment is that it is a very moderate price. I have ex- 
amined the entire collection. We are pui-chasing a collection 
of very great value on very moderate terms. 

Mr. 'SANDERS. I do not disagree with the Senator from In- 
diana, but I am constrained to make a single observation. We 
have a vast mass of historical and parliamentary documents, 
which are indexed, and we have pending in the Senate a bill 



1892. 



CONGRESSIONAL EECORD— SENATE. 



6887 



him, and he goes and ventures and ventures, ventures until his 
whole credit and stock are gone as margins. 

You may visit hundreds of cities, towns, villajres, and hamlets 
in Indiana and adjoining States in that region of which I have 
spoken as being tributary to Chicago, and in every one of them 
you will find some victim of this business of dealing in options 
and futures. In every business street of such city, town, village, 
or hamlet you will iind the commercial bones of the broken 
bankrupts, whitening and bleaching from the effects of that ruin 
which has overtaken them. 

It is not only destructive of the persons engaged in interstate 
commerce; it is also destructive very largely of the farmers, a 
class specially interested in this bill, even from a more extended 
view. 

I have known many a farmer in its very toils, one to whom 
cards would be no kind of temptation, vvho would not be at all 
tempted bj' the gre?n cloth, by the roulette, by the rovije el noir. 
But such a one, visiting Chicago out of curiosity or for any so- 
cial or public purpose, as manj' gatherings are held there, is ap- 
proached with talk about wheat, invisible wheat: talk about corn, 
invisible corn; and talk about oats, impalpable oats. He hcs al- 
ways been familiar with these products, having, indeed, been en- 
gaged perhaps somewhat in the business of buying and selling 
them at home. He is deluded and snared and finally takes one 
option, and then another, and then another, until the old plan- 
tation acres, forest, fountain, improvements, home, homestead, 
are all swallowed up in this whirlpool of bankruptcy and de- 
struction. 

Sir, there is not a more disastrous, more ruinous practice to 
legitimate interstate commerce, more disastrous or ruinous to 
agriculture, both directly and indirectly, than that practice, 
made penal and denounced by this bill. 

1 have heard from gentlemen who live in the Southei'n portion 
of our country that during the palmiest days of what was called 
the ''peculiar institution," slavery, persons who bred slaves for 
the market or persons who made a business of buying and selling 
men and women, although thej' might accumulate large wealth 
in that business, although they might accumulate much money, 
and could have a certain standing among their neighbors and in 
the business community where they resided, still there was as 
to such persons always a certain social disparagement, a brand 
fixed upon them by honor, by conscience; a brand I think very 
creditable to the society which tolerated that institution. These 
men were permitted to transact their business. Their contracts 
were regarded as legal, but they themselves were stigmatized as 
engaged in an illicit traffic. 

Now, sir, all tratfic is not legitimate although the law may 
allow it. The gambling in farm products is not honorable al- 
though the law may have allowed and winked at it. The gam- 
bling deal is not really a business transaction at all, and I believe 
that in a quarter of a century from now the same odium and dis- 
favor will attach to the gambling speculator in human food and 
to the gambling speculator in farm products as formerly at- 
tached to the slave-trader and the slave-breeder of the South. 

Men will wonder that such practices were ever tolerated? 
Twenty-five years from now, in my. judgment, men will whisper 
as they say: "Why. it is true these practices did produce enor- 
mous evils, but they arose very shortly after the close of the great 
civil war; our people were too much engaged in healing the wounds 
of war, in restoring the abraded business relationswhich that con- 
vulsion had brought upon us, and in seeking new avenues of inter- 
course and a new status of trade and of labor; our people were 
too busy to attend to what might be deemed the smaller morali- 
ties of the market. But in 1892, after public attention had been 
called to this subject, there was verj- short shrift made of the 
gamblers in human food. We passed a law absolutely prohibit- 
ing it. They wei"e visited with an overthrow irrecoverable." 

ENROLLED BILLS SIGNED. 

A message from the Housa of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the Speaker of the 
House had signed the following enrolled bills; and they were 
thereupon signed by the Vice-President: 

A hill (S. 1273) to authorize the entry of lands chiefly valuable 
for building stone under the p)lacer-mining laws; 

A bill (H. R. 31.5G) to correct the military record of James 
Corridan, Fourth United States Infantry; 

A bill(H. R.4.385)topensionNathanFalkner, of Saline County, 
Ark.; 

A bill (H. R. 4G67) to incorporate the Maryland and Washing- 
ton Railway Company; 

A bill (H' R. 4SU8) for the relief of James H. Willey, 

A bill (H. R. 7095) granting an increase of pension to Addison 
M. Copen: and 

A bill (H. R. 7974) to authorize the construction of a bridge 
over the Tennessee River at or near Deposit, Ala. 



FINAL ADJOURNMENT. 
The VICE-PRESIDENT laid before the Senate the following 
concurrent resolution from the House of Representatives; which 
was read: 

Resolned by the House of Jtepresmtatives (the Senate concurring). That the 
Pi-esident of the Senate aua the Speaker of the House of Representatives de- 
clare their respective Houses aajourucd without day on SaturJav, July 30. 
lt'93, at 3 o'clock p. m. 

Mr. ALLISON. It is usual to refer such a resolution to a com- 
mittee of this body. I think, under the circumstances, however, 
it is not necessary to make a reference at this time, as the chief 
impediment now in the way of final adjournment is the passage 
of the sundry civil appropriation bill. When that bill sliall have 
been passed I take it that the two Houses can adjourn within a 
very brief period: but until that bill shall have been passed it 
seems to me that it would be unwise to take action respecting an 
adjo.'.rnment, as it is impossible to adjourn until that bill is 
pass 3d. 

The VICE-PRESIDENT. The resolution will lie on the table. 

Mr. ALLISON sub.sequently said: After consultation with the 
members of the Committee on Appropriations I will move that 
the resolution respecting final adjournment be refoi'red to that 
committee. 

The VICE-PRESIDENT. The resolution will be referred to 
the Committee on Appropriations, if there be no objection. The 
Chair hears none, and it is so referred. 

HEIRS OF JOHN R. TREUTLEN. 

Mr. HUNTON. I ask unanimous consent for the present con- 
sidei-ation of the bill (H. R. 4993) for the relief of the heirs of 
John R. Treutlen. 

There being no objection, the Senate, as in Committee of the 
Wiiole, proceeded to consider the bill. It proposes pay to the 
heirs of John R. Treutlen, late an employe in the House of Rep- 
resentatives, $333.33, being the difference in the salaries paid to 
laborers and that paid to messengers, which latter office ho filled 
from the 7th day of April, 1881, to the 17th day of December, 
1881, performing all the duties of messenger and receiving only 
the pay of laborer. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

FOREST RESERVATIONS. 

I\Ir. FELTON. I ask unanimous consent to take from the 
table the resolution reported this morning, from the Committee 
to Audit and Control the Contingent Expenses of the .Senate, 
relating to the investigation of forest reservations in California. 

The resolution was considered by unanimous consent and 
agreed to, as follows: 

Whereas under the provisions of the act of Congress approved October 1, 
1830. certain lauds in the State of California were made forest reservations; 
and 

Whereas there were included in said reservation several thousand acres of 
land upon which homestead, preemption, and other settlers had entered and 
made homes and extensive improvements: and 

Whereas said lauds referred to are to a very small extent, if any, timber 
lands: but. on the contrary, have been and can be cultivated: Therefore, 

Be it resolved. That a committee consisting of three Senators be appointed 
to Investigate the matter of the reservation of said lands and report to the 
Senate what action ou.ght to be talien to protect the rights of any bona fide 
settler who may be included in said reservation; 

That said committee be authorized to sit during the recess, to send for per- 
sons and papers, and do all things necessary to a full investigation of the 
merits of the case; 

That the necessary expenses incurred in this investigation shall be paid 
out of the contingent fund of the United States Senate; 

That the said committee shall make a f till report at the sscoud session of 
the Fifty-second Congress. 

The VICE-PRESIDENT, in pursuanceof the resolution just 
passed, the Chair ap]5oints as members of the committee the 
Senator from California [Mr. PeltonJ, the Senator from South 
Dakota [Mr. Kyle], and the Senator from Alabama [Mr. Mor- 
gan]. ^^ 
district corporations. 0lfl' 

The VICE-PRESIDENT appointed Mr. Gorman, Mr. Mciffe? 
LAN, ISIr. Allison, Mr. Collom, and Mr. Brice as the mem- 
bers of the select committee to investigate and report as to the 
capital stock, bonds, and other evidences of debt of incorporated 
companies in the District of Columbia, etc. 

PORTRAIT OF GEN. GEORGE H. THOMAS. 

Mr. VOORHEES. I ask leave to call up for present consid- 
eration the bill (S. 680) to authorize the purchass of Lawrie's 
picture of Gen. George H. Tliomas. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

Mr. MANDERSON. Mr. Pre-ident, it has never been my 
good fortune to see this portrait of Gen. Thoma-;, painted by Mr. 
Lawrie. I presume, from the affirmative action taken by the . 
Committee on the Library, that it is a work of great merit._ I 
am aware of the fact, however, that in the Cajiitol, and I think 



6888 



CONGRESSIONAL RECORD— SENATE. 



July 28, 



in the room of the Committee on the Library, there is a portrait 
of Gon. George H. Thomas, painted by a Kentucky soldier, a 
comrade and companion of Gen. Thomas, who was not only a 
most excellent soldier but a great artist. It was his misfortune 
after ho had painted this picture to bocomc totally blind by rea- 
son of a wound received in battle while serving under Gen. 
Thoma'^. 

That picture, painted from life, is a most lifelike portrait of 
that distinguished soldier. My impression is that the Senate of 
the United States twio3, and I think the other House once, 
passed a bill or bills providing' for the purchase of that picture. 
I should like to ask the Senator from Indiana at this time why 
it is that that picture seems to have '■ gone glimmering," and to 
bo heard of no more, while the Government is now about to pur- 
chase a picture by another artist of this celebrated Union sol- 
diery 

Mr. VOORHEES. I will answer as nearly as I can. I have 
great sympathy for Mr. Price, who painted the picture alluded 
to by the Senator from Nebraska. He has always insisted upon 
a price, however, which I thouglit was beyond its merits. He 
has insisted on live or six thousand dollars, and would have 

Mr. BLACKBURN. No, I beg the Senator's pardon. 

Mr. VOORHEES. I have been on that committee all the 
time and I have talked with Mr. Price over and over about it. 

Mr. BLACKBURN. I am sure that Gen. Price, when hero 
himself, told me, and I communicated the fact in more than one 
interview to the Senator from Indiana, that $3,500 would be sat- 
isfactory. 

Mr. VOORHEES. That has certainly escaped my recollection. 
Tlie Senator from Kentucky of course is correct. That picture. 
liowever,is not equal to tlie other as a work of art. There is in the 
great careerotGen. George H. Thomas enough to justify the pur- 
chase of more than one portrait of liim — saveral more than one. 
He was one of the great historic ligures tliat towered up during 
the war of tlie rebellion — a man of Southern birth, a Virginian, 
with strong sympathies and ties for his State, who cast his lot 
witli tlie Union cause and distinguished himself at every step 
he took. 

Tills is no bar to the purchase of Gen. Price's picture — theg-en- 
tlcnian whom the Senator from Nebraska alludes to. He is a 
blind man, it is true, and I repeat I have every sympathy for 
him, and I would under proper circumstances be willing to make 
that purchase; but I think, in securing at least one, Lawrie's 
should be the first. 

I have in my hand the following letter from Maj. Gen. Howard: 

HE.tDQUARTERS DEPARTMENT OF THE EAST, 

Governors Island, N. Y., June ;', 1S92. 
My Dear Sir: I understand that you have just introduced a bill for the 
purchase by the Government of .a portrait of Geu. George H. Thomas. The 
portrait was painted by Alexander Lawrie, e.sq. 

Just before the painting was completed I visited Mr. Lawrie's studio with 
Gen. William D. Whipple, then the adjutant-general of the division. We 
enjoyed our inspection of the portrait very much. It appeared to me to be 
as true a llkeuess as any I had seen, and gave markedly the peculiar char- 
acteristics of our noble and beloved general. 

I am glad you have this matter in hand, and hope there will be no objec- 
tion to the passage of your bill. 
Very truly, yours, 

OLIVER O. HOWARD, 
Major- O'eneral, United States Army. 
Hon. Daniel W. Voorhees, 

Uulted States Senator, Washington, I). C. 

I read that for the purpose of showing that we have not pro- 
ceeded in any careless way. Gen. Howard knew Gen. Thomas 
intimately, long and well. 

The artist in this case is one of the best trained and most dis- 
tinguislied artists in the profession. I have here a biography of 
him in brief, showing where he jiursued his studies and in what 
other works he has distinguished himself. 

I am doing only what I conceive to be my duty, Mr. President. 
The Committee on the Library, in looking over the portraits 
made of Gen. Thomas, thought this was the best and that it 
could be secured at a reasonable rate. 

There is another portrait I should like to speak well of, and 
that is the one painted by Miss Ransom. I have great respect 
for her. 

I have discussed this question often with artists and with their 
friends. The great difficulty about artists is that they are 
prone to ask more than the Government is willing to give.' I am 
not ready to say that they ask more than their work is worth. 
I have nil right to thus depreciate their estimate of their own 
work. But this Government is a bear on the market in works 
of art. We do not profess to pay large prices. Paintings are 
brought here with the expectation of getting $10,0 JO for a work. 
They get down to $5,(X)0, and then dov/n to $3,000, or a little be- 
low that perhaps, and then wo buy them. 

I think in honor to the memory of Gen. Thomas it would be 
well to secure this painting. More than that I can not say. I 
produce here a brother officer who s;rved with Gen. Thomas, 



certifying to the correctness and value and merit of this paint- 
ing. In doing this I only repeat what I said when I rose, that I 
do not disparage the work of the unfortunate man in whom the 
Senator from Nebraska and the Senator from Kentucky are in- 
terested and in whom I am interested. The price had escaped 
my recollection until the Senator from Kentucky mentioned it. 
I shall be perfectly willing at the next session to purchase that 
portrait also. Two oil paintings of a man like Gen. George H. 
Thomas are a very slight tribute to his transcendent merits and 
abilities. One should be placed in this Capitol for the young 
and rising generation to look on as they pass through as an ex- 
ample of manly merit; another by all means should be put in the 
War Office, which his services so greatly honored in his life- 
time. 

So I wish to assure the Senator from Nebraska that I am in no 
sense antagonizing the painting by Mr. Price. I would gladly 
have it. It is a work of fidelity, without being a great jiainting. 
I have no doubt ot its being a work of fidelity. It is a plain work, 
but a good, strong work, and the Government ought to have it. 
Mr. MANDERSON. I wish simply to make a suggestion to 
the Senator from Indiana, and to put him in possession of cer- 
tain facts of which he does not know. 

As I have said. Gen. Price was the colonel of a Kentucky regi- 
ment, and served with great distinction during the war in the 
Army of the Cumberland, commanded in the greater part of its 
eventful histoi-y by Gen. Thomas. This is, I think, the only 
portrait (unless another that is now in the capital of the .State 
of Tennessee is an exception) painted from Gen. Thomas in his 
lifetime. He gave the sittings to this comrade of his. I am not 
a sufficient Judge of art to know whether it is a great painting 
or not, but certainly, as the Senator from Indiana has said, it is 
one that is painted with great fidelity. It is a most excellent 
likeness ot Gen. Thomas. 

It was my fortune to serve with that great Virginian for nearly 
four years; I saw him almost daily, and I never have seen a pic- 
ture of Gen. Thomas so lifelike as the one by Gen. Price. Its 
merit was such that years ago, immediately after the termina- 
tion of the war, the Society of the Army of the Cumberland, in- 
stituted in Nashville by Gen. Thomas himself, passed a resolu- 
tion recommending to Congress that it purchase this most 
excellent portrait of the old chief and commander of the Army 
of the Cumberland. If the Senator from Indiana has ever known 
that fact I am sure he must have forgotten it, and perhaps the 
mention of it now will recall it to his mind. I think I stated to 
him in private conversation years ago that this was the fact and 
that the Society of the Army of the Cumberland had made the 
recommendation that this portrait of a soldier by a soldier should 
be possessed by this country. 

Mr. PALMER. Mr. President, my relations with Gen. Thomas 
commenced in 1862 and I served with him, under his command, 
for two years of the war. I saw him almost daily. 

I have examined these portraits with the most earnest desire 
to satisfy myself as to which represents I think one of the great- 
est men the country has produced, certainly a man whose moral 
qualities were unsurpassed. I knew Col. Price, too. I have no 
doubt that the most accurate representation of George H. Thomas 
as we saw him from day to day is in the portrait of Gen. Price. 
It attempts simply to delineate the man a? ho appeared to his 
friends and comrades from day to day. I think it is deficient in 
artistic style, and yet I regret to say it, because it is as artistic as 
the man was himself. He was remarkable for the jilainness of his 
manners and his dress, and I must say that when I saw the pic- 
ture of Gen. Thomas in the rooms of the Committee on the Li- 
brai'y I was impressed with its representation of the George H. 
Thomas we saw from day to day. 

I was called upon then to examine the very magnificent pic- 
ture by Miss Ransom. It is an admirable painting, far supe- 
rior, I think, to that by Gen. Price in artistic execution. It is 
George H. Thomas the he''o; not as he wa-; to those wl\o saw 
him from day to day, but as he was in the realization of an artist 
of very rave excellence. It is a heroic portrait. Without claim- 
ing at all to be an artist or a judge ot artistic works, I found it 
almosti impossible to avoid expressing my prefereijce for that 
picture. There was so much that was attractive in its style and 
in its excellence of execution that I hesitated, Init yet I must 
say it was not the man I knew. 

Now, in regard to the portrait proposed to be purchased in the 
pending bill, I think that is excellent also, but I must confess that 
if t'le task of making this purchase was conferred upon me, I 
wo. lid buy the picture of the great soldier, the true man. the de- 
voted patriot: I would take the one that exhibits him as I saw 
him day by day and week by week, on the march and in battle 
and elsewhere. It is a reproduction of the man; not the manon 
dress parade or review, but the man as we saw him. That is my 
summary of these pictures. 
Mr. BLACKBURN. Mr. President, I am indebted to the 



1892. 



CONGRESSIONAL EECORD— HOUSE. 



6893 



essary to be mado to the thirteenth section in order to make 
it consistent with the striking- out of the twelfth section and 
make it complete can bo mado, after that I will move to adjourn. 

Mr. HISCOCK. Before the Smator does that, I would like 
to say 

The VICE-PRESIDENT. The Senator from Virginia [Mr. 
Daniel] is entitled to the floor. Other Senators are speaking 
within the time of the Senator from Vii-ginia. 

Mr. DANIEL. Does the Senator from Minnesota say he wishes 
to move to adjourn? 

Mr. WASHBURN. I was going to make a motion to adjourn 
if agreeable. 

Mr. DANIEL. Very well. 
r Mr. WASHBURN. If it is not agreeable, I will not make the 
motion. 

Mr. DANIEL. I have no objection. 

Mr. WASHBURN. But before I make a motion to adjourn I 
should like to have the thirteenth section completed by some 
trifling amendments in order to make it consistent. Those 
amendments have been sent to the desk, and I ask that they bo 
stated, and adopted. 

The VICE-PRESIDENT. The amendments will be slated in 
their order. 

The Chief Clerk. In section 13, lino 5, after the vord 
" revenue " strike out the word "cither;"' so as to road: 

Whenever any contract or agreement for the sale and futxire delivery of 
any of the articles mentioned in section 3 of this act shall be made, and the 
making thereof shall not be reported to the collector of internal revenue, as 
required by section 9, etc. 

The amendment was agreed to. 

The Chief Clerk. In the same section, line 6, after the word 
" nine,'' strike out all down to and including the word "act," in 
lino 10, the words to bo stricken out being as follows: 

Or as required by section 1- of this act, or if it shall have been reported to 
the said collector as .a contract or agreement of the nature and character 
mentioned In and authorized to be made under a certillcate issued pursuant 
to the provisions of section 12 of this act. 

The amendment was agreed to. 

The Chief Clerk. Section 12, when numbered, should pro- 
ceed section 10 and bo numbered 10 section 10 should be num- 
bered 11; the section now numbered 11 should be numbered 12; 
the section now numbered 14 should be numbered 13; the section 
now numbered l"i should bj numbared 14, and the one numbered 
IG should be section 15. 

Mr. HARRIS. That is not an amendment. 

Mr. ALLISON. It is a mere memorandum for the clerks to 
arrange the sections of the bill. 

The VICE-PRESIDENT. The change proposed is not con- 
templated by the rules as one to be made by the clerks. The 
rjuestion is on agreeing to the amendment. 

The amendment was agreed to. 

The VICE-PRESIDENT. There is a further amendment 
which will be stated. 

The Chief Clerk. In section 13, line 62, after the word 
"made," strike out the comma; so as to read: 

Or agreement so made by said party. 

The amendment was agreed to. 

Mr. WASHBURN. Mr. President 

Mr. HISCOCK. I ask the Senator from Minnesota to yield 
to me that I may call up for present consideration a bill on the 
Calendar. 

The VICE-PRESIDENT. Does the Senator from Minnesota 
yield to the Senator from New York? 

Mr. WASHBURN. I will yield if it will take no time. 

Mr. HISCOCK. It will take but a moment. 

Mr. COCKRELL. I am very sorry to announce to the Chair 
that in my opinion there is no quorum present. 

The VICE-PRESIDENT. The roll will bo called. 

Mr. HARRIS. In order to avoid a roll call, I move that the 
Senate do now adjourn. "- 

Mr. HISCOCK. Before that motion is put I desire to make 
an inquiry in regard to the bill. Will the bill as now amended 
be printed so that wo may have it before us in the morning'? 

The VICE-PRESIDENT. It will not be printed unless so or- 
dered by the Senate. 

Mr. lilSCOCK. I ask unanimous consent that there be an- 
other print of the bill. 

Mr. HARRIS. There can be no order of the Senate until a 
roll call develops a quorum. To avoid a roll call, I move that 
the Senate adjourn. 

The motion was agreed to; and (at 5 o'clock and .5 minutes 
p. m.) the Senate adjourned until to-morrow, Friday, July 20, 
1892, at 12 o'clock m. 



HOUSE OF EEPRESENTATR^ES. 
Thursday, July 28, 1S92. 
The House met at 11 o'clock a. m. Prayer by Rev. J. H. CUTH- 

BERT, D. D. 

The Journal of the proceedings of .yesterday was read. 

CORRECTION.S. 

Mr. WATSON. Mr. Speaker, I desire to correct the RECORD 
in ono particular. 

Mr. WHEELER of Alabama. Mr. Sjieaker, I rise to a ques- 
tion of privilege. 

The SPEAKER. If there b3 no objection the Journal will bo 
approved. 

Mr. OUTHWAITE. Does the Journal show that the resolu- 
tion in relation to sanding for ab.-ont members was adopted as 
amended in piu-sviance of the suggestion which I made and which 
was accepted by the gentleman from Pennsylvania [Mr. BlNc;- 
h.\m]? 

The SPEAKER. The Chair is informed that the Journal does 
not show the passage of the i-esolution at all. The resolution 
was )5assed. 

Mr. OUTHWAITE. I was under tho impression myself that 
it was not declared by tho Chair to have passed, that while tho 
division was being taken and baforo the tellers had reported 
some other motion was made and voted upon. 

The SPEAKER. It appears from the Record that tho reso- 
lution was agreed to: 

The Speaker }>ro femiwrf. The Chair will appoint as tellers the gentleman 
from Pennsylvania |Mr. Bingham] and the gentleman from Texas IMr. 
Bailey]. 

The House again divided; and the tellers reported— ayes 65, noes 25. 

So the resoliuion was agreed to. 

The Journal will bo corrected in accordance with the Record, 
so as to show that tho resolution was agreed to. 

Mr. OUTHWAITE. It was agreed to, then, as amended pur- 
suant to my suggestion? 

The SPEAKER. Of course. The gentleman from Pennsyl- 
vania [Mr. Bingham] accepted the amendment of the gentleman 
from Ohio that the resolution should not apply to members who 
were excused on a'^eount of sickness in their families. 

CABLE CON.NECTION WITH THE HAWAIIAN ISLANDS. 

The SPEAKER laid before the Hou^e the following message 
from the President: which was read, ordered to be printed, and 
refoiTod to the Committee on Commerce: 
To the Sfjiate and Hou^e of Representatives: 

I transmit herewith, with its accompaniments, a report from the Secre- 
tary of the Navy of the results of the survey made jjursuaut to the act of 
March 2. 1.^91, to enable the President to cause careful sounding to be made 
between San Francisco. Cal.. and Honolulu, in the Kingdom of the Hawaiian 
Islands, for the purpose of determining the practicability of laving a tele- 
graphic cable between those points. 

BENJ. HARRISON. 

Washington, D. C, July 17, ISSl. 

(The papers above referred to acconip.any my message to the Senate,) 
JOHN OSBORNE. 

The SPEAKER also laid before the House a communication 
from the Court of Claims, transmitting a copy of the findings of 
the court in the case of John Osborne, deceased, r.<!. The United 
States; which was referred to the Committee on War Claims. 

MASONIC MUTUAL RELIEF ASSOCIATION, DISTRICT OP COLUMBIA. 

The SPEAKER also laid before the House a bill (S. "IllTKIn 00n,'ir 

amend an act entitled "An act to incorporate the Masonic Kra- 
tual Relief Association of the District of Columbia, approved 
Marcli 3; which was referred to tlie Committee on the District 
of Columbia. 

JAMES L. TOWNSEND. 

The SPEAKER also laid before the House a bill (S. 2298) for 
the relief of James E. Townsond; which was referred to the 
Committee on Military Affairs. 

FOREIGN LABOR FOR PREPARATION OF FOREIGN EXHIBITS. 

The SPEAKER al.so laid before tho House the joint resolu- 
tion (S. R. 10(>) authorizing foreign o.xhibitors at the World's 
Columbian Expo.sition to bring to this country foreign laborers 
from their respective countries for tho purpose of jireparing for 
and making their o.Khibits; which was referred to the Commit- 
tee on Labor. « 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 
To Mr. Weadock, for one week, on account of illness. 
To Mr. PiTHlAN, indefinitely, on account of sickness. 
To Mr. Moses, indelhiitcly, on account of sickness. 
To Mr. Whiting, for ten days, on account of sickness in his 
family. 
To Mr. Walker, on account of sickness from excessive heat. 



6894 



CONGRESSIONAL EEOORD— HOUSE. 



July 28, 



LEAVE TO PRINT. 
Mr. BROSIUS, by unanimous consent, obtained leave to ex- 
tend in the RECORD some remarks on the resolution reported by 
the Select Committee to Investigate the Pension Office. 

LEAVE TO WITHDRAW PAPERS. 

]\Ir. CHIPMAN, by unanimous consent, obtained leave to with- 
draw from the iilcs of the House the papers in the case of the 
claim of Henry K. Sawyer without leaving- copies. 

SWEARING IN OP A MEMBER. 

Mr. SAYERS. I send to the desk the credentials of Hon. E. 
L. Antony, Representative-elect from the Ninth Congressional 
district of Texas, to fill the vancancy occasioned by the resigna- 
tion of Hon. Roger Q. Mills. I ask that Mr. Antony be now 
sworn in. . -, 

The credentials having been read, Mr. Antony came forward 
and was duly qualiliod by taking the oath prescribed by law. 

LANDS VALUADLE FOR BUILDING STONE. 

Mr. McRAE. I rise to a privileged question. I send to the 
desk a conference report on Senate bill No. 1273. 

Mr. DINGLEY. Is not the House already acting upon a con- 
ference report as unfinished business'? 

The SPEAKER. No: there is no conference report now pend- 
ing on the sundry civil bill: the confer jnce committee has been 
diM^harged. The question under consideration is upon the 
amendments not in conference. 
Mr. DINGLEY. All right. 

The report submitted by Mr. McRae was read, as follows: 
The committee of couference on the disagreeing vote.s of the two Houses 
on the amendments of the House to the bill (S. 1273) to authorize the entry 
of lands chiefly valuable tor building stone under the placer mining lav/.s 
h.avine m?t. after full and free conference have agreed to recommend an.l 
do recommend to their respective Houses as follows; 

That the Senate recede from Its disagreement to the amendments of the 
House and agree to the same. 

= THO. C. MCRAE, 

J. W. BAILEY, 
Managers on the part of the House. 

WM. M. STEWART, 
R. F. PETTIGREW. 
WM. B. BATE, 
Managers on- the part of the Senate. 

The report was adopted. 

On motion of Mr. McRAE, a motion lo i-econsider the last vote 
was laid on the table. 

PENSIONS. 

Mr. MARTIN. I rise to a privileged question, and send to 
the desk a conference report. 
Tlie Clerk read as follows: 

Ta> committee of conference on the disagreeing votes of the two Houses 
on the amendments of the House of Representatives to the bill (S.3137) to 
amend an act entitled "An act amending the pension law so as to remove 
th'' disahilitv of those who having participated in the rebellion, have since 
its termination enlisted in the armies of the United States and become dis- 
abled," approved March 3, 1877, having met, after full and free conference, 
have agreed to recommend and do recommend to their respective Houses as 
follows: 
That the House recede from its amendments. 

A. N. MARTIN. 
W. H. HARRIES, 
JOHN L. JOLLEY. 
Managers on the jiart of the House. 
A. S. PADDOCK, 
DAVID TURPIE, 
Managers on the jyart of the Senate, 

The statement of the House conferees was read, a, follows: 

The managers on behalf of the House, In the conference on the disagree- 
ing votes of the two Hoitses on the accompanying bill (S. 2137), submit 
the following statement to accompany the conference report herewith sub- 
mitted, to wit; The bill itself Is one to repeal that portion of the present 
pension law which prevents persons who served In the Confederate service 
and who subsequently enlisted In the United States Navy from receiving 
the benefits of the pension law as relates to such service in the Navy. The 
amendment of the House to the bill was to repeal the statute which prohib- 
its persons who served in the Confederate service from receiving appoint- 
ments in the Army or Navy of the United States, which matter, tmder the 
rxiles of the Senate, reqtiires consideration by the Committee on Military 
Affairs, and of which the Senate Committee on Pensions hasno jurisdiction. 

The Senate conferees have no objection, per se, to the matter embodied in 
the House amendment when coming through its proper committees, but 
can not assume jurisdiction for the said reasons. 

Therefore the managers on behalf of the House recommend that the House 
recede from the amendment and let pass the bill as it originally passed the 
Senate, 
The report of the committee of conference was agreed to. 
On motion of Mr. MARTIN, a motion to reconsider the last 
vote was laid on the table. 

PRINTING EULOGIES ON HON. F. B. SPINOLA. 

Mr. McKAIG. I rise to present a privileged report from the 
Committee on Printing. 
The Clerk read as follows: 

HonsE OF Representatives, July 13, iso?. 
Mr. CocKRAN submitted the following; which was referred to the Com- 
mittee on Printing: 

^'UesolvefZby thellouse of liepresentatives {the Senate concitrring). That there 
bo printed of the eulogies delivered in Congress upon the Hon. Francis B. 



Spinola, late a Representative from the State of New York, 8,000 copies, of 
which number 2,000 shall be delivered to the Senators and Representatives 
from the State of New York, which shall Include 50 copies to be bound In 
full morocco to be delivered to the family of the deceased; .and of those re- 
maining, 2,000 copies shall be for the use of the Senate and 4,000 copies for the 
use of the House of Representatives; and the Secretary of the Treasury is 
directed to have engraved and printed a portrait of said Francis 13. Spinola 
to accompany said eulogies." 

The report of the committee recommending the adoption of 
the resolution was read. 

Mr. DOCKERY. I desire to ask the gentleman from Mary- 
land (Mr. McKaig) whether this resolution is not a departure 
from time-honored custom in respect to the printing of eulogies? 
If I caught the reading of the resolution aright it provides for 
the distribution of a certain number of these eidogies to the Sen- 
ators and Members from the State of Nev/ York. This is the 
first time within my knowledge that any such provision has been 
made. I think we had liotter adhere to what has been the uni- 
form practice in the distribution of eulogies among Senatorsand 
Representatives. Doubtless members will bs ready in this case, 
as they have been in former oases, to share their quotas with 
members from the State especially interested. 

Mr. WASHINGTON. Or to make exchanges. 

Mr. DOCKERY. I suggest that the gentleman from Mary- 
land amend the resolution in that resijcct. 

Mr. McKAIG. This resolution was sent to our committeein 
this form. In reporting it without amendment wo had no in- 
tention to deprive members of the House of any of these eulogies 
which may according to the customary method of distribution 
belong to them. 

Mr. DOCKERY. I ask the gentlema;n to accept an amend- 
ment striking out that portion of the resolution which provides 
for distributing a certain number to Senators and Representa- 
tives from the State of New York. 

Mr. McKAIG. I am willing to accept that amendment. 

The SPEAKER. The gentleman from Maryland will please 
indicate his amendment. 

Mr. WASHINGTON. I suggest that the resolution be with- 
dravi'u until it can be properly amended. 

The SPEAKER. It will have to be amended in several re- 
spects. 

Mr. DOCKERY. I suggest that the gentleman withdraw it 
tem])orai'ily until it can be put in proper shape. 

The SPEAKER. What is the wish of the gentleman from 
Maryland? 

Mr. McKAIG. I do not see the necessity of withdrawing the 
resolution for the purpose of amending it, because it can be 
amended right here on its face by striking out the provision as- 
signing 2,000 copies to Senators and Representatives from New 
York, so as to allow the 8,000 copies to be distributed pro rata. 

The SPEAKER. If the gentleman will examine the resolu- 
tion he will find that it will require several amendments in 
order to accomplish that. 

Mr. DINGLEY. Is this a privileged resolution? 

The SPEAKER. The Chair understands that it is. 

Mr. DINGLEY. Is it not simply to print eulogies? I do not 
understand that that relates to the business of the House. 

Mr. McKAIG. I withdraw the resolution for the present. 

Mr. DINGLEY. I object to anything except what comes in 
regular order. 

The SPEAKER. - The resolution is withdrawn. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCoOK, its Secretary, an- 
nounced tliat the Senate had passed bills of the following titles; 
in which concurrence of the Hotise was requested: 

A bill (S. 10ii2) for the correction of the military record of 
Francis A. E. Briot; 

A bill (S. 2379) for the relief of William R. Steinmetz: 

A bill (S. 3368) to create a national highway commission and 
to prescribe its duties; 

A bill (S. 1098) granting an increase of pension to Harrison 
De P. Young; 

A bill (S. 842) granting a pension to Ellen Williams; 

A bill (S. 3396^ granting a pension to Col. William H. Browne; 

A bill (S. 3253) granting a pension to Martha R. Hitchcock; 

A bill (S. 1541) granting a pension to C. G. McKnight; 

A bill (S. 3205) granting a pension to Marion C. Gurney; 

A bill (S. 3450) granting a pension to Mrs. Mary Murry; 

A bill (S. 3337) granting a jjension to Sarah C. Holland; 

A bill (S. 2648) granting a pension to Augustus G. Gary; 

A bill (S. 2039) granting a pension to Catharine W. Tennis; 

A bill (S. 3240) to facilitate the enforcement of the immigra- 
tion and contract labor laws of the United States; 

A bill (S. 2578) granting the use of certain lands in Walla- 
walla County, State of Washington, to the city of Wallawalla, 
for the purpose of a public park; 

A bill (S. 2798) for the relief of Peter Light; 



1892. 



CONGRESSIONAL EECOED— SENATE. 



6953 




third reading and passjd may bs reconsidered in order that I 
may move its indefinite postponement. 

The VICE-PRESIDENT. Is there objection to the request of 
the Senator from Oreg-on? The Chair hears none, and the votes 
are reconsidered. 

Mr. MITCHELL. I move that the bill bs indefinitely post- 
poned. 

The motion was agreed to. 

WASHINGTON AND ARLINGTON RAILROAD. 

Mr. HARRIS. In February, 1891, Congress granted ^:fhai' 
ter to the "Washington and Arlington Railroad Company, giv 
ing' a certain route from the Sixth-street depot, northwest, to 
the Aqueduct bridge, and along the Canal road from the Aque- 
duct bridge, up the river to a point opposite the Three Sis- 
ters, with authority to construct a bridge at the Three Sisters. 
They have a charter from Virginia also running to Arlington. 
Under that charter the company have proceeded to grade and 
to lay quite a good deal of track. At the present session of Con- 
gress the chairman of the District Committee and myeclf and 
some other members examined the route, and decided that we 
could not afl'ord to allow any track to be laid on the Canal road, 
it being top narrow and too confined, and we have repealed so 
»auch of the charter as gave them the authority to construct 
that bridge and lay that track. It leaves the parties with that 
link missing. 

The committee has reported a bill ( S. 3448) to amend the charter 
of the Washington and Arlington Railroad Company, recogniz- 
ingtheir old track from the Sixth-street depot to and along Vir- 
ginia avenue tj G street northwest, and with G street to the 
river, and authorizing them to cross thereby by ferry and con- 
nect with their work on the other side. If this bill can be passed 
to-day, I am assured it will become a law and relieve them from 
their embarrassment. I think it vitally important that it should 
be passed at once, and ask the unanimous consent of the Senate 
to continue its consideration. The bill has been read and the 
amendments agreed to. That is its status. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the bill-' 

Mr. GALLINGER. During the present session 

The VICE-PRESIDENT. The Senator from New Hampshire 
will suspend. Is there objection to the present consideration of 
the bill indicated by the Senator from Tennessee? 

Mr. GALLINGER. I desire to make an observation which 
may lead to an objection on my part. During the present ses- 
sion a bill has likewise been I'eported from the Committee on 
the District of Columbia to incorporate the Washington, Fair- 
fax and Alexandria Railway Company, the incorporators being 
men of large means and entirely reliable in every way. That 
bill is on the Calendar and has had, I think, some consideration; 
at least the Senator from West Virginia [Mr. Faulkner] un- 
dertook to get consideration for it. 

The bill as amended, which the Senator from Tennessee wishes 
to call up, robs these incorporators of their right of way and 
practically obliterates them. They are men representing means. 
The other corporation is bankrupt; it is not able to-day to pay 
its office rent. I insist that if any corporation is to be given the 
right of way across the Three Sisters it should be the corpora- 
tion which represents men of means and ability. I therefore 
must object to the present consideration of the bill. 

Mr. HARRIS. Mr. President 

Mr. COCKRELL. The Senator fi-om New Hampshire is en- 
tirely mistaken in his supposition. 

Mr. HARRIS. The routes of the two companies I understand 
do not conflict; but if we are to elect as between the two com- 
panies to-day we should consider the fact that in 1891 we improvi- 
dently granted to the Washington and Arlington Railroad Com- 
pany a charter under which it has already expended many thou- 
sands of dollars. 

Mr. COCKRELL. Subscribed by poor people here. 

Mr. HARRIS. Subscribed by a large number of departmental 
employes living upon meager salaries. Many thousand dollars 
have been already expended. We have deemed it absolutely 
necessary to deprive them of this link in their line, which ren- 
ders the work and the money they have put into the enterprise 
already utterly valueless. I say we owe it to them to give them 
this connection just so far as it is possible to do so without in- 
jury to the public. For that reason", and that reason only, I ask 
the unanimous consent of the Senate to consider at this time the 
bill; and when the other bill is under consideration I shall have 
no objection to it. I have never objected to its consideration or 
its passage. If the gentlemen desire the charter referred to, I 
am in favor of giving it to them. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the bill? 

Mr. GALLINGER. Very likely if I could believe, as the Sen- 



ator from Tennessee does, that this road would be constructed, 
and that it would preserve and protect the rights of innocent 
holders of stock, I might entertain a different opinion from what 
I now do. I do not, however, view the matter in that light, and 
I therefore must insist on my objection. 

The VICE-PRESIDENT. Objection is made. 

"jv. HARRIS. I move that the Senate proceed to the con- 
sration of the bill. 



Mr. SHERMAN. I hope the Senator will not insist upon that 
at this time. 

Mr. HARRIS. Very well, I shall not press the motion at this 
moment. There is a reason why I should not. 

RELATIONS OF GOLD AND SILVER. 

The VICE-PRESIDENT. The Chair lays before the Senate 
a resolution coming over from a previous day. 

The Chief Clerk. ''A resolution by Mr. Gibson of Louisi- 
ana, requesting the Secretary of the Treasury to report to the 
Senate certain information relative to the payment of customs 
duties and the currency system of the United States." 

Mr. GIBSON of Louisiana. I ask leave to amend the resolutions. 
At the end of line 2, add: ''On the first Monday in December 
next;'" so as to read: 

Resolved, That the Secretary of the Treasury is hereby requestefl to report 
to the Senate on the flrst Monday iu December next. 

Inline 11, in the second paragraph of the resolution, strike 
out the words '■ at the present time."' 

In line 20, in the third paragraph, strike out the words, "dur- 
ing the last three months "' and insert: 

What amount of bonds has been sold unrier the act entitled "An actio 
provide for resumption of specie payments." approved January 14, 1875. and 
what amount of gold and silver coin has been accumulated iu the Treasiu'y 
from the sale of said bonds; what amount of United States notes has been 
releemed and reissued and what amount of said notes now probably re- 
mains iu existence, and how much ijold and silver remains in the Treastu'y 
from the sale of bonds for redemption purposes. 

And in line 32, after the word ''ratio," in the sixth paragraph, 
strike out the words "and conforming it to the market value of 
the two metals," 

The VICE-PRESIDENT. The resolution will bo so modified. 
The question is upon agreeing to the resolution as modified. 

Mr. GIBSON of Louisiana. Mr. President, this is a resolution 
of inquiry. We are to hold an international conference or con- 
vention at Bei-lin for the purpose of considering the adoption of 
a bimetallic standard upon an international ratio. In the event 
that thiit convention should arrive at a satisfactory result be- 
tween the leading nations of the world it will probably terminate 
the disparity between the gold coin and silver coin and bring 
both silver and gold into circulation and into use again among 
the leading nations of the world as standards of value as well as 
mediums of exchange. If that convention, however, should fail, 
which I think likely from the experience we have had in the 
the last year, the Government will then be confronted with the 
question whether it may b3 possible to adopt a bimetallic stand- 
ard — that is, establish a ratio bstwoen gold and silver coin — 
which will enable the Government of the United States and the 
people of the United States to preserve the parity between the 
two metals. We should then be in the situation that we were 
when the Government was first established, under the adminis- 
tration o' George Washington, when, on the advice of Alexan- 
der Hamilton and Thomas .leflerson, a mint was established and 
a ratio fixed between the two coins, conforming the ratio to their 
relative market or intrinsic value. 

I do not propose to discuss this resolution at the present time, 
because it does not present any salient points for discussion. It 
merely asks the Secretary of the Treasury for certain informa- 
tion which we have already scattered about in different reports, 
but we desire it in a compact form, so that we may be able, in 
the discussion of the question which will arise then, to proceed 
with all the facts before us. All the elements of the problem to 
be solved will bo then in our possession. 

It, is true that the fifth clause of the resolution requests the 
Secretary of the Treasury to suggest a plan of bis own, a ratio 
between gold and silver in order to preserve a substantial equiva- 
lency between the coins of the two metals. 

That is not generally customary in resolutions dealing with 
financial issues in either House of Congress, but the Secretary 
of the Treasury, whenever these questions are under considera- 
tion, is invited Isy the committee having the subject in charge 
to give his views; and I do not think any Senator will find fault 
if we invite the present Secretary of the Treasury to inform us 
not only what the situation is in the United States in relation to 
our metal currency, but also to give us any scheme, or plan, or 
sug'gestion he may have in order that we may solve this great 
question. 

The VICE-PRESIDENT. The resolution will b j read as mod- 
ified. 



6954 



CONGRESSIONAL EECOllD— SENATE. 



July 30, 



The Chief Clerk read as follows: 

R-solvecl. That the Secretary of the Treasury is hereby requested to re- 
port to the Senate, on the tirst Monday in December next: 

First. What proportion of the customs duties and Inlernal revenue taxes 
received within the last twelve months have been paid each month in gold 
coin: in st;uidard silverdoUars; insUvorcvrlilioates; in United States notes, 
commonly called •■ greenbacks; " in lesal-tcnder Treasury notes issued un- 
der the act approved Jiily 14, 1890; national-bank notes, and gold certili- 
cates. . „ 

Second. The amount of gold coin and gold certiflcates m the Treasury of 
the United States, the amount of gold and o£ gold certillcates held by the 
banks of the United States, and the total amount of gold coin in this country. 

Third. Whether, under the act approved July 14. 1«90. the Secretary of tlie 
Treasury has redeemed the notes issued thereunder for the purchase of sil- 
ver bullion with gold coin or silver coin: what amount of said notes has al- 
ready been redeemed in gold and silver coin, respectively; what amount of 
bond's has been sold under the act entitled "Au act to provide for resumption 
of specie payment," airoroved January 14, 18r5, and what amount of gold and 
silver coin lias been accumulated in the Treasury from the sale of said bonds ; 
what amount of United Slates notes has been redeemed and reissued and 
what amount of said notes now probably remains in existence, and how much 
gold or silver remains in the Treasury, from the sale of bonds for redemp- 
tion purposes. 

Fourth. To report, as far as may be practicable, tne amounts of gold and 
silver, respectively, held by the Bank of France, the Bank of Germany, and 
the Bank of England. 

Fifth. To report what ratio should, in his .iudgment. be established be- 
tween gold and silver in order to preserve a substantial eqtiivalency between 
the coins of the two metals in the United States. 

Sixth. Whether or not the bimetallic system adopted under the Adminis- 
tration of President Washington, and readjusted and maintained under the 
Administration of President Jackson, might again be established upon a 
stable basis by correcting the ratio either by Increasing the metal in the 
silver unit or by decreasina the metal in the gold uult or by dividing the dis- 
parity between the two imits and standards of value. 

The VICE-PRESIDENT. The question is on ag'reeing to the 
resolution as modified. 
The resolution as modified was agreed to. 

DISTRICT STREET IIMPROVEMENTS. 

Mr. ALLISON. Some tim-3 ago the Senator from Delaware 
[Mr. HiGGlNS] submitted a resolution i-elative to the proportional 
expenditure for streets, etc., in the District of Columbia, which 
resolution was referred to the Committee on Apprnpriations. 
Th? Commissioners of the District of Columbia, I believe, have 
alrt-ady taken notice of this I'esolution and have prepared an 
answer io it, which I think is of some value. The Committee on 
Appropriations some time ago authorized me to report the reso- 
lution favorably, but in the multitude of other affairs pressing 
upon me I neglected to do so. I now report thcresohitiou from 
that committee, and I am able to say that within a day or two 
the information sought for will be furnished. 

The VICE-PRESIDENT. The resolution will be read. 

The Secretary read the resolution submitted by Mr. HiGGlxs 
March 15, 1892, as follows: 

Whereas for thelast three fiscal years. 1889, 1S90. and 1891. the aggregate sum 
of S3.654,'.;IK.45 has beeit appropriated by Congress for the improvement of 
the streets, avenues, alleys, etc.. of the District of Columbia, to wit: 

1. For work on sundry streets, avenues, etc 13,041,160. 17 

:i. For repairs to concrete pavements, etc 430. 000. 00 

3. For grading streets, alleys, and roads, etc .50,000.00 

4. For current work of repairs of streets, avenues, and alleys . . I'JO, UOO. J 

5. For current work of repairs on county roads and suburban 

streets l.W.OOO. 00 

B. For constructing? cotmty roads and suburban streets, etc 404. 102.28 

7. For condemnation of streets, roads, and alleys 20,000.00 

8. For permit work on alleys, sidewalks, and sewers, etc 380, 000. 00 

9. For the contingent expenses of the parking commission 54, 000. 00 

Aggregating, as above stated 3, CM, 233. 4.5 

And whereas in the apportionment and expenditure thereof six sectional 
divisions ol the District have been recognized, to wit: Each of thetourquar- 
ters of the city of Washington, the city of Georgetown, and the county out- 
side of said cities; and 

Whereas it appears that portions of said items of appropriation have been 
expended lor miscellaneous incidental expenses, not expressly specified in 
said appropriations ; and 

Whereas much complaint has been made of the partial and inequitable ap- 
portionment and distribution of said expenditures under said appropria- 
tions: Therefore, 

Be it resolved, That the District Commissioners are hereby respectfully re- 
quested to furnish the United States Senate with a statement of the amount 
or pitrtion of said aggregate sum of $3,651,202.45 expended in each of said six 
divisions, and the amount thereof remaining unexpended; and showing iu 
detail the amount thereof expended for the specific improvements contem- 
X^lated by the s.iid appropriations respectfully, exclusive of incidental ex- 
penses, but giving separately the amount of each class of incidental expenses 
paid out of said a})propriations, including those for inspection, wagon re- 
pairs, horseshoeing, forage, etc. Also the amount thereof paid for sewerage, 
and of item second the amount for resurfacing and for minor repairs "re- 
spectively, so as to show precisely how much of said aggregate sum of $3,- 
654,262.45 has actually been expended in each of said six divisions, and for 
what specific purpose. 

JSIr. ALLISON. I ask for the present consideration of the 
resolution. 

The resolution was considered by unanimous consent, and 
agreed to. 

MRS. LAURA E. SKEELS. 

The VICE-PRESIDENT. If there be no further morning 
business, that order is closed, and the Calendar under Rule VIII 
is in order. 

Mr. QUAY. I ask unanimous consent of the Senate for the 



present consideration of Order of Business 1128, being Housa 
bill 1742, a pension bill. 

By unanimous consent, the Senate, as in Committee of the 
Wliole, proceeded to consider the bill (H. R. 1742) for the relief 
of Mrs. Laura E. Skcels. It proposes to pay to Mrs. Laura E. 
Skecls the accrued pension which was due her mother, Mrs. 
Nancy M. Elmendorf , under pension certificate 189143, after de- 
ducting the amount already paid under section 4718, Revised 
Statutes, as reimbursed for funeral expenses. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

MATHEW S. PRIEST. 

Mr. SHERMAN. I ask unanimous consent of the Senate lo:- 
the present consideration of Senate bill l.')07. 

Mi-. MITCHELL. 1 shall not object to this bill, but after this 
I give notice that I shall insist on going on with the Calendar of 
unobjected cases. 

Mr" SHERMAN. This is a little bill reported by the .Senator 
himself. 

There being no objection, the Senate, as in Committee of the 
Whole, procejded to consider the bill (S. 1.507) for th'o relief of 
Mathew S. Priest. 

The bill was reportod from the Committee on Claims wit'i 
amendments. ""' 

The first amendment was, in section 1, line .'!, after the words 
"sum of," tostrikc out "six hundred '' and insert" two hundred 
and seventy-five;" and in line 8, before the word "day,'' to 
strike out "twenty-seventh" and insert "seventeenth:" so as 
to make the section read: 

Thai the sum of 5375 be. and the sam; is hereby appropriated out of any 
money in the Treasury not otherwise appropriated, to compensate Mathew 
S. Priest for services rendered by him for the Government of the United 
States from the 16th day of March to the 17lh day of August. 1863. as engin- 
eer of the steamers Silver Wav.i and Moderator, iu passing the batteries of 
Vicksburg. Warrentou and Grand Gulf, and for repairing steamers. 

The amendment was agreed to. 

The next amendment was to strike out section 2, as follows: 

Sec. 2. That ths sum hereby appropriated i.i made immediately available. 

The amendment was agreed to. 

The bill was reported tethe.Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

TIMBER-CULTURE LAWS. 

Mr. MANDERSON. I a^k unanimous consent for the present 
consideration of Senate bill 2.5(34. 

There being no objection, the bill (S. 2564) to amend section 
of the act approved iSlarch :J, 181)1, entitled "An act to repeal 
timber-culture laws, and for other purposes," was considered as 
in the Committee of the "Whole. It proposes to amend section (i 
of an act approved March .3, 1891, entitled "An act to repeal 
timber-culture laws, and for other purposes," so as to read: 

Sec. 6. That 3eclion2301 ortheK3vis9iStatut23b3 am^nled soas to read 
as follows: 

■■Sec. 2301. Nothing in this chaptershall be so construed as to prevent any 
person who shall hereafter avail himself of the benefits of section 2289 from 
paying the minimum price tor the quantity of land so entered at any time 
after the expir.ation of fourteen calead.^r mon'hs from the date of such en- 
try, and obt:iining a patent therefor, tipou makin.g proof of settlement and 
of residence and "cultivation for such period of fourteen months, and the 
provision of this section shall apply to lauds on the ceded portion ol the 
Sioux Reservation by act approved M-ircU 2. 188^. in South Dakota and in 
the State of NebrasUii. Ijnt shall not relieve said settlers from any payments 
now required by law." 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

APPOINTMENTS IN STAFF CORPS OF THE ARMY. 

Mr. PROCTOR. I ask vmanimous consent for the present con- 
sideration of Senate bill 3013. 

There being no objection, the bill (S. 3013) providing that ap- 
pointments in staff corps be made from the line of the Army, 
was considered as in Committee of the "Whole. It provides that 
all va'eancies in the grade of major in the Adjutant-General's, 
Insijector-General's, and Judge-Advocate-General's, and Pay 
Corps of the Army shall be filled by selection from the captains 
of the line of the' Army, and all vacancies in the grade of cap- 
tain in the Quartermaster's and Commissary Departments shall 
be tilled by selection from first lieutenants of the line of the 
Army. 

The bill was reported to the Senate without amendment, or- 
dered to bo engrossed for a third reading, read the third time, 
and passed. 

MARY A. S"S\T1FT. 

Mr. DAVIS. I ask unanimous consent that Order of Business 
No. 841, being the bill (S. 3092) for the relief of Mary A. Swift, 
be now considered. 



1892. 



CONGRESSIONAL EECORD— HOUSE. 



6997 



ago. This House was instructed by the gentleman from In- 
diana in debate, page 0014 of the Congressional, Record, and 
in coUotiuy with my colleague from Pennsylvania [Mr. O'Neill] 
some weeks ago that Henry Winter Davis during the period of 
the war reported a disagreement with the Senate upon the sun- 
dry civil bill, moved that the House adhere, and the Houte did 
adhere, and then allowed the bill to fail. With the gentleman's 
long experience in legislation I say to him that that remark, to 
my mind, was purposely and delibcratclj' uttered, and directly 
with a view to this very conclusion and result. 

A further fact for the gentleman: The sundry civil bill was 
reported to the House March 24; the deficiency bill was reported 
to the House June 18; the sund:-y civil bill passed the House May 
27; the deficiency bill passed the House a month later, June 27. 
The sundry civil bill passed the Senate July 14: the deficiency 
bill passed the Senate July 18. The proper legislative relation 
of the bills to each other continued up to that time. 

Why then and there this change by shunting your deficiency 
bill ahead of your sundry civil bill'? The conference was or- 
dered on the sundry civil bill July 19; you ordered the con- 
ference on j-our deficiency bill July 19. The conferees agreed par- 
tially on the deficiency bill .luly 21; the conferees agreed par- 
tially on the sundry civil bill July 25. The deficiency bill was 
finally agreed upon July 26; the conferees reported to the House 
on the sundry civil bill July 20. I say to the gentleman, with his 
long training in legislative affairs that he deliberately uttered 
the remark referred to and prepared this House for the failure 
of the sundry civil bill should it be necessary to carry out his 
purposes by citing the precedent of Henry Winter Davis, and 
this is to be taken in connection with the further fact that de- 
liberately you shunted the relation of the deficiency bill, which 
should have been the last bill, and placed it ahead of the sundry 
civil bill. 

I yield the remainder of my time to the gentleman from Illi- 
nois [Mr. Hopkins]. 

Mr. HOPKINS of Illinois. Mr. Speaker, the gentleman from 
New York [Mr. CCMmNGS] in his speech this morning, after 
what the House has seen here for the last few days under his 
leadership, is a splendid illusto-ation of the sayings of Shakes- 
peare, that "The devil can quote scripture for his purpose," and 
■'That one may smile and smile and be a villain." 

Mr. CUMMINGS. You had better study the Scriptures a lit- 
tle. 

Mr. HOPKINS of Illinois. Everybody knows who has been 
present in the House during these proceedings that the chair- 
man of the Committee on Appropriations [Mr. Holman] and the 
gentleman from New York [Mr. Ciimmings] are, more than any 
other men, responsible for the condition in which this Govern- 
ment finds itself to-day. Nearly a week ago the House agreed 
to the amendment proposed by the Senate to the sundry civil 
bill providing for the World's Fair by a good majority. By that 
vote they said that an appropriation should be made to carry on 
the National Exposition in the city of Chicago. The chairman 
of tbe Committee on Approin-iations, in violation of all the prece- 
dents that we have had in this coiuitrj-, made a motion after that 
vote was taken that led to these dilatory proceedings, and under 
his action and under his advice this unprecedented condition of 
affairs has been reached. 

What is the condition, Mr. Speaker? The great appropria- 
tion bill that takes care of the public printing, that takes care 
of the Bureau of Engraving and Printing-, that takes care of the 
Life-Saving Service and the soldiers' homes, and various other 
matters important in the affairs of the Government, has been 
tied up for nearly a week by the agency of the gentleman from 
Indiana, the chairman of the Committee on Appropriations, and 
the gentleman from New York who hae just addressed the House. 
They knew when they commenced their dilatory tactics or this 
system of filibustering, that on Saturday of last week the appro- 
priations would expire. They kncwaswell asanybodycan know 
anything that if this bill did not gvt through, the wheels of the 
Government, so far as Uiese bureaus were concerned, would have 
to stop, and j-et with a full knowledge of all these facts Mr. Hol- 
man of Indiana has sat here day after day not only not protest- 
ing against these unprecedented tactics of his party associates, 
but actually aiding and encouraging them in it. The country 
will hold him and his party associatss responsible. 

[Here the hammer fell.] 

Mr. HOLMAN. We could not anticipate that any gentleman 
on either side of the House would object to the usual resolution 
to extend the appropriations to carry on the business of the Gov- 
ernment. 

Mr. HENDERSON of Iowa. You could be preoared for any- 
thing from what j-our side has been doing lately. " 

Mr. HOLMAN. I yield the remainder of my time to the gen- 
tleman from Tennessee. 



Mr. BOWERS. You would not allow a vote on your own mo- 
tion. 

Mr. McMILLIN. Mr. Speaker, let it not be forgotten that 
the gentleman from Illinois [Mr. Hopkins] who has just taken 
his seat is the man who has causetl the wheels of this Govern- 
ment to stop for this day. [Derisive laughter on the Republican 
side.] i 

Sir, there is nothing new in tliis situation which should have 
caused him to prevent the passage of the resolution last week 
extending the appropriations. It has been the custom every 
Congress, at least of the seven of which I have been a member, 
during the long sessions, to extend the appropriation bills before 
the regular annual appropriation bills could be prepared and 
agreed upon. The capacity of statement of a proposition for 
which the gentleman from Maine [.Mr. Reed] is proverbial can 
not disguise this fact. The fact stands out that the Congress ho 
organized, the Congress over wiiich he presided, extended the 
appropriations by the consent of the whole House after the first 
day of August. Yet no fuss was made about and no objection 
made to it. It was then tjiought and conceded to be an eminently 
proper thing. 

Mr. DOCKERY. Tiiis very bill did not pass the House until 
the 17th of August. 

Mr. REED. But the appropriations were not extended in def- 
erence to filibusters. 

Mr. McMILLIN. The approjiriations wore extended in the 
absence of appropriations. That is the vital point, and the only 
point here. 

Now, Mr. Speaker, I liave stated that there is nothing new in 
this situation. The sundry civil bill provided appro])riations 
for the Departments of the Government to which the gentleman 
fr,)m Illinois has referred with such pathos. It went to the Hen- 
ate, and that body put an extraordinary, an unusual as well an 
uncalled-for and unnecessary appropriation upon it. It came 
back here, and when the vote was taken on that proposition the 
apiiropriation was defeated by a decisive majority. Then there 
was a large reduction in the attendance of the membership of 
the House. On the second vote the majoritv was reversed. 

Mr. BLANCHARD. After the lobby had 'got in its work. 

Mr. McMILLIN. A motion to reconsider that vote was en- 
tered and has not yet been disposed of. Then the two Houses, 
being unable to agree, the usual resolution to extend the appro- 
priations was brought in and objected to by a gentleman on the 
other side. There is where the responsibility rests. 

Mr. REED. Will the gentleman allow me to interrupt him 
for a moment'? 

Mr. McMILLIN. I have but a very brief time. 

Mr. REED. I merely wish to ask if the gentleman is correct 
in saying that there was a less vote on the Senate proposition on 
the last vote than on the first? 

Mr. McMILLIN. I said the majoritj' was reversed, and I think 
the total vote was less on the last vote t'.ian on the first. 

Ml'. REED. I understood the gentleman to say that there was 
a smaller vote. 

Mr. McMILLIN. Now, Mr. Speaker, as my time is limited, 
I must state this case, so that the responsibility can rest where 
it belongs. The usual i-esolution was oft'ered here last Saturday. 
It was attem])ted to be passed in the usual waj'. There never 
has been an objection to such a resolution. No man here, old or 
young, had ever seen opposition proposed to one: but the gen- 
tleman from Illinois [Mr. Hopkins] virtually said to the House, 
"You either give that $.->. 000,000 to the World's Fair, or you do 
not get any a])propriation.'' And because he could not get the 
five millions, he stopped the other necessary appropriations. 
That is the situation here. 

A Member. That is true. 

Mr. McMILLIN. That is true, and the country knows it. 

Mr. BLANCHARD. And that is the argument of a highway- 
man. 

Mr. McMILLIN. It was the power that he had; and the 
wheels of the Government were stopped because the gentleman 
from Illinois said that unless. we gave an unusual, uncalled-for, 
unnecessary appropriation, hitched on as a rider in violatiim of 
precedent by the Senate of the United States, we should not 
have money to print that luminous, voluminous, and delightful 
document known as the Congressional Record. [Laughter.] 

Now, Mr. Speaker, suppose they had put the foi'ce bill upon 
this bill. [Derisive laughter upon the Republican side.) The 
gentleman from Illinois would have hud the same capacity on 
Saturday to .say, "If you do not pass the force bill you shall not 
have any appropriation.'' If they had put on a bill making an 
appropriation to build a railroad, he ould with the same ap- 
propriateness have said. "You will build th ^ railroad or you 
shall not have that appropriation.'' That is the situation here, 
and it can not be disguised. Now, why not in a business-like 



6998 



CONGRESSIONAL EECOED— HOUSE. 



August 1, 



way meet this business situation? Why not make appropriations 
for a period until the two Houses can come tog-othcry Tliat is 
what this resolution seeks. That is what the g-entleman from 
Indiana is making: an effort to do, and yet my Iriend from Illi- 
nois [Mr. HopiviN.s] brings out Shakespeare in a most ludicious 
way and quotes him on Judge HOLMAN. Tlie truth is, the g-cn- 
tleiuan from Illinois has thi* morning all the melancholy mad- 
ness of poetry without its ins2)iration. [Laughter.] 

("Here the hammer fell.] 

The SPEAKER. The question is upon agreeing to the resolu- 
tion of the gentleman from Indiana [Mr. Holm.'lN] to suspend 
the rules and pass the resolution. 

The resolution was agreed to (two-thirds voting in favor 
thereof). 

SENATE BILLS AND RESOLUTIONS EEFEKEKD. 

The SPEAKER laid before the House bills and resolutions of 
the following titles: which were read a first and second time, and 
i-eferrod to their approi^riato committees as indicated below: 

A bill (S. 29S5) granting an increase of pension to John Kin- 
ney — to the Committee on Pensions; 

^ A hill 14 ^ :tloci} to amend the act incorporating the Washing- 
^n and (Georgetown Railroad Company — to the Committee on 
the District of Columbia; 

A bill (S. 2410) to authorize the purchase of the library of his- 
torical manuscripts and printed books belonging to the estate of 
the late George Bancroft — to the Committee on the Library: 

A ))ill (S. 3117) relating to post traderships— to the Committee 
on Military Affairs; 

A bill (S. 080) to authorize the purchase of Lawrie's and Price's 
Ijortraits of Gen. George H. Thomas— to the Committee on the 
Library; 

A bill (S. 2292) to accept and ratify an agreement made with 
tho confederated tribes and bands of Indians occupying the Yak- 
ima Reservation, in the Stats of Washington, for the cxtinguish- 
mnt of their title to so much of said reservation as is required 
for the iise of the Northern Pacific Railroad, and to make the 
necessary approi^riations for carrying out the same — to the Com- 
mittee on Indian Affairs; 

Joint resolution (S. R. 112) to print and bind 1,000 extra copi^js 
each of the Drill Regulations for Infantry, Cavalry, and Artil- 
lery — to the Committee on Military Affairs; and 

Concurrent resolution relative to'printing 1,000 copies of the re- 
IJort of the survey made pursuant to the act of March 2, 1891 — to 
the Committee on Printing. 

FUNERAL OF THE LATE REPRESENTATIVE CRAIG. 

The SPEAKER. The gentleman from Pennsylvania [Mr. 
Keilly] has a resolution respecting the committee appointed to 
attend the funeral of the late Representative Craig, which reso- 
lution the Clerk will report. 

The Clerk read as follows: 

Sesolved, That the Sergeaut-at-Arms ot the House ot Representatives is 
hereby atilhorized and directed to take charge of the funeral of the late Hon. 
Alexander K. Craig, and that all necessary" expenses incurred thereby be 
paid out of the contingent funds of the House of Representatives, and that 
the disbursing officer ot the Clerk ot the House is hereby dli'ected to pay the 
same upon the presentation of the proper voucher, approved tty him. 

The resolution was agreed to. 

On motion ot Mr. REILLY, a motion to reconsider the last 
vote was laid on the table. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCooK, its Secretary, 
announced that the Senate had passed without am^mdment the 
bill (H. R. 1742) for the relief of Mrs. Laura E. Skcels. 

It also announced that the Senate had passed bills and joint 
resolutions of the following titles; in which the concurrence ot 
the House was requested: 

A bill (S. 13.37) to compensate Elihu Root for services rendered 
by direction of the Attorney-General; 

A bill (S. 1507) for the relief ot Mathew S. Priest: 

A bill (S. 2128) for the relief of John S. Sammis; 

A bill [S. .3013) providing that aijpointments in staff corps be 
made from the line of the Army: 

A bill (S. 302G) to mark the birthplace ot James Madison, 
fourth President of the Uuitad States: 

A bill (S. 3042) to provide for leav.-ot absence to certain mem- 
bers of the Grand Army of the Republic during the encampment 
of the Grand Army of the Republic in the city of Washington, 
D. C, during the month of Sejotember, 1892, and for other pur- 
poses; 

A bill (S. 25t;4) to amend section 6 of an act approved March 3, 
1891, entitled "An act to repeal timbsr-cnlture laws, and lor 
Other purjioses; " 

Joint resolution (S. R. 113) providing for the printing of the 
Agricultural Report for 1892; and 

Joint resolution (S. R. 114) to rontinue. provisions o! a joint 



resolution approved June 30, 1892, entitled "A joint i-esolutioa 
to in'ovide temporarily for the expenditures of thj Government." 

It also announced that the Sanats had passed the following 
resolutions: 

Iltsolved, That the Senate has heard with deep sensibility the announce- 
ment ot the death of Hon. A. K. Craig, lale a Representative from the State 
ot Pennsylvania. 

Jlesolved, That a eominittea ot three .Senators be appointed by the Vice- 
President to join the coinmittee appointed on the part of the House ot Rep- 
resentatives, to attend the fiuieral of the deceased. 

Hesolved, That the Secretary communicate these resolutions to the House 
of Kepresentalives. 

Sesolved, That as an additional mark of respect to the memory of the de- 
ceased, the Senate do now adjourn. 

And in compliance with the foregoing resolutions, the Vice- 
President had appointed as said committee Mr. CAMERON, Mr. 
Carey, and Mr. Gorman. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 
To Mr. Kendall, indefinitLily, on account of sickness. 
To Mr. Clo\t;r, indefinitely, on account of sickness. 
To Mr. CoOMBS, for three days, on account of sickness. 
To Mr. LocKWOOD, indefinitely, on account ot sickness. 
To Mr. Causey, for two days, on account of sickness. 
To Mr. Page of Rhode Island, indefinitely, on account of sick- 
ne.ss. 
To Mr. Winn, indefinitely, on account of sickness. 

LEAVE TO WITHDRAW PAPERS. 

On motion of Mr. ANDREW, by unanimous consent, leave was 
granted to withdraw from the files of the House without leaving 
copies the papers in the case ot Dabney, Simmons & Co. 

On motion of Mr. ANDREW, unanimous consent was granted 
to withdraw from ths files ot the House papers in the case of 
Phillip T. Greely, without leaving copies of the same. 

LEAVE TO PRINT. 

The SPEAKER. The gentleman from Tennessee [Mr. Enloe] 
asks leave to extend in the Record his remarks on the report of 
the committee on the investigation of the Pension Office. 

Mr. ATKINSON. I object to the extension of the remarks ot 
Mr. Enlije on the investigation of the Pension Office. 

The SPEAKER. The Chair will state to the gentleman from 
Pennsylvania that like leave was granted to the gentleman from 
Pennsylvania |Mr. BrOSIUS]. 

Mr. ATKINSON. That being the case, I will withdraw my 
objection. 

The SPEAKER. Is there further objection? 

There was no objection. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCoOK, its Secretary, 
announced that the Senate had passed without amendment joint 
resolution (H. Res. 1.j9) to continue the provisions ot existing 
laws providing temporarily for the expenditures ot the Govern- 
ment. 

ENROLLED BILLS SIGNED. 

Mr. WARWICK, from the Committee on Enrolled Bills, re- 
ported that they had examined and found truly enrolled a joint 
resolution and bill ot the following titles; when the Speaker 
signed the same: 

Joint resolution (H. Res. 159) to continue the provisions of ex- 
isting laws proviling temporarih- for the expenditures of the 
Government: and, 

A bill (H. R. 7294) granting pensions to army nurses. 

RECEPTION IN THE ROTUNDA OF THE CAPITOL DURING GRAND 
ARMY ENCAMPMENT. 

Mr. WHEELER of Alabama. Mr. Speaker, I move to sus- 
])end the rules and pass the resolution recsommended by the 
Committee on Military Affairs which I send to the Clerk's desk. 

The SPEAKER. The gentleman from Alabama moves to 
suspend the rules and i)ass the resolution, which the Clerk will 
i-ead. 

The Clerk read as follows: 

Mesolved by the Senate {Hit Home of liepresentatives concurring). That per- 
mission is hereby granted to thelaiies of Washinirton togive a reception in 
the Rc/tundaof the Capitol, September 19. 189:;, to the members of the Grand 
Army ot the Republic, the Wo nan's Rsliet C.irps, and all other visiting or- 
fianizations who may attend the national encampment of the Grand Army 
of the Republic iu Sei^tembernext. 

Mr. WHEELER ot Alabama. There is an amendment which 
is sanctioned by the committee. 

TheSPlOAKER. The gentleman will have to incorporate it 
as part of his motitm. 

Mr. WHEELER of Alabama, B3' unanimous consent that 
could be done. 

The SPEAKER. The gentleman can include it in the nio- 

t'Oll. 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



7017 



It also announced that the Senate had passed the bill (S. 331'1) 
for the relief of E. Darwin Gag-e, late lioutonant-colonel of the 
One hundred and fort^'-eighth New York Infantry; in which the 
concurrence of the House was requested. 

SUNDRY CIVIL APPROPRIATION BILL. 

Mr. BINGHAM. I demand the regular order. 
The SPEAKEEt. The regular order is the further considera- 
tion of the Senate amendments to the sundry civil appropriation 
bill. The gentleman from Indiana [Mr. IIolman] moves to re- 
consider the vote by which the House receded from its disagree- 
ment to the Senato'amendments; and the gentleman from Penn- 
sylvania [Mr. Bingham] moves to lay that motion on the table, 
and on that demands the yeas and nays. . 

Mr. BUTLER. I move that the House do now adjourn, and 

pending that I move that when it adjourns it be to meet on 

Thursday next. 

Mr. DINGLEY. Is that the decision of the caucus last night? 

Mr. BAILEY. I move to amend the motion of the gentleman 

from Iowa by striking out Thursday and substituting Fridaj'. 

Mr. BUCHANAN of New Jersey. Mr. Speaker, I rise to a 
parliamentary inquiry. 

The SPEAKER, the gentleman will state it. 

Mr. BUCHANAN of New Jersey. Would it be in order to 
substitute for all of these motions a motion that the House now 
adjourn? 

the SPEAKER. There is pending a motion to adjourn. 

Mr. BUCHANAN of New ,Iei-sey. I know, but it is tied up 
with several other motions. Has not the House the right to 
come directly to a vote on that motion? 

The SPEAKER. The Chair will state to the gentleman that 
unless the absence of a quorum is disclosed, the question would 
first come up on fixing tfte time to which the House should ad- 
journ. Of course, if- the want of a quorum should bo disclosed, 
then the House would have the right to adjourn, or to order a 
call of the House. 

Mr. BUCHANAN of New Jersey. My inquiry is whether it 
is not in order to move, as a substitute for all pending motions, 
that the House do now adjourn? 

The SPEAKER. The Chair thinks not. The question is on 
the amendment proposed by the gentleman from Texas [Mr. 
Bailey]. 

Mr. DOCKERY. Mr. Speaker, I ask unanimous consent that 
the House take a recess for fifteen minutes. 

Mr. HENDERSON of Iowa. What is the object of that? 

The SPEAKER. Pending that the gentleman from Missouri 
[Mr. Dockery] asks unanimous consent to take a recess for fif- 
teen minutes. 

Mr. BROWN. What is the object of that? 

The SPEAKER. The Chair is not informed 

Mr. HENDERSON of Iowa. Well, let it go. 

The SPEAKER. Without objection, then, 
take a recess for fifteen minutes. 

Accordingly (at 11 o'clock and lo minutes a. m.) the House 
took a recess until 11 o'clock and 30 minutes a. m. 

The recess having e.xpired, the Speaker resvimed the chair. 

Mr. BANKHEAD. Mr. Speaker, I ask unanimous consent 
that we take an informal recess for half an hour. I think it is 
quite likely we can accomplish more in that way than by con- 
tinuing the proceedings. 

The SPEAKER. The gentleman from Alabama asks unani- 
mous consent that the House take a recess, preserving the ex- 
isting status, for thirty minutes. 

M(-. KILGORE. Does that vacate the motions which have 
been made? 

The SPEAKER. It does not. 

Mr. HOPKINS of Illinois. It leaves everything in statu qiio. 

The SPEAKER. Yes. Is there objection to the request? 

There was no objection. 

Accordingly (at 11 o'clock and 30 minutes a. m.) the House 
took a further recess until 13 m. 

The recess having expired, the Speaker resumed the chair. 

Mr. McMILLIN. Mr. Speaker, I ask unanimous consent to 
take a recess for one hour. As is known, efforts are being made 
to come to a conclusion, and those efforts will jn-obably be fur- 
thered as much by taking a recess as by continuing in session. 

Mr. HENDERSON of Iowa. There is no objection to that. 
That is right. 

The SPEAKER. The gentleman from Tennessee [Mr. Mc- 
Millin] asks unanimous consent to take a recess for one hour, 
matters to retain their present status. Without objection the 
Chair will declare the House in recess for one hour. 

There was no objection. 

Accordingly (at 12 o'clock and 1 minute p. m.) the House took 
a recess to 1 o'clock and 1 minute p. m. 

The recess having expired, the Speaker resumed the chair. 



the House will 



The SPEAKER. The recess having expired, the House will 
resume its session. The Chair will state the question before the 
House exactly as it was at the time when the reciss was taken 
by unanimous consent. The gentleman fi-om Indiana [Mr. HOL- 
Man] moves to reconsider the vo'e by which the House receded 
from its disagreement to the Senat'^amendm nts to the sundry 
civil bill. The gentleman from I'ennsylvani-i [Mr. Bingiiam] 
moves to lay that motion on the table, and on that demands the 
yeas and nays. Pending that the gentleman from Iowa [Mr. 
Butler] moves that the House do now adjourn, and that when 
it adjourns it adjourn to meet on Thursday next. The gentle- 
man from Texas | Mr. Bailey] moves lo 'strike out Thursday 
and substitute Friday; so that the qiU'Slion for the House to de- 
termine is on the latter motion, that when the House adjourns 
to-day it adjourn to meet on Friday next. 

The question being taken, the .Speaker announced that the 
noes seemed to have it. 

On a division (demanded by Mr. Kilgore) there were — ayes 
2, noes 72. 

Mr. KILGORE. A quorum has not voted, Mr. Speaker. 

The SPEAKER. The Chair will appoint as tellers the gen- 
tleman from Texas [Mr. Kilgore] and the gentleman from Penn- 
sylvania [Mr. Bingham]. 

Mr. LANHAM. Would it be in order to move a call of the 
House? 

The SPEAKER. It would. 

Mr. LANHAM. I move a call of the House. 

A call of the House was ordered. 

The Clerk proce.»ded to call the roll, when the foliowing mem- 
bers failed to answer to their names: 



Abbott. 


Coombs, 


Alderson. 


.Cowles, 


Alexauder, 


Cox. N. Y, 


Allen, 


Cox, Tenu. 


Amerman, 


Curtis, 


Anilrew, 


Cutting, 


Arnold, 


Dalzell, 


Bacon, 


Dnnphy, 


Belden, 


Elliott, 


Bflkuap, 


Enochs, 


Bellzhoover, 


Fitch, 


Bergen, 


Fithian. 


Blaufhard, 


Fyan, 


Bland 


Gantz, 


Blount. 


Geary, 


Boutelle, 


Gillespie, 


Brawiey, 


Gorman, 


Bri( kner. 


Greenleaf, 


Bnmuer, 


Harmer, 


Bullock, 


Harter, 


Bimn, 


Hatch, 


Bunting. 


Haiigeu. 


Burrowti, 


Havnes, Ohio 


Campbell, 


Heard, 


CapeHart, 


Hemphill, 


Catchings, 


Henilerson. III. 


Cate. 


Herbert, 


Catisey, 


Hoar, 


Cheatham, 


Hooker, Miss. 


Chapin, 


Hooker, N. Y. 


Clark, Wyo. 


Hopkins, Pa. 


Clover, 


Honk, Tenu. 


Cockran, 


Huff. 


Cogswell, 


Johnson, N. Dak 


Compton. 


Johnson, Ohio 


Cooiidge, 


Kem, 



Kendall, 

Ketchara, 

Kribb.s, 

Lagan, 

Lawson, Va. 

Lay ton, 

Lewis. 

Livingston, 

Lockwood, 

Lodge, 

Lynch, 

Magner, 

Mansur, 

McAleer, 

McKinney, 

Miller, 

MlUlken, 

Moore, 

Morse, 

Moses, 

Newberry, 

Norton. 

ODonuell, 

O'Ferrall, 

O'Neil. Mass. 

Outhwaite, 

Page, R. I. 

Pattison, Ohio 

Peel, 

Pendleton. 

Price. 

Quackeubtish, 

Randall, 

Rayner, 

Reed, 

Reyburn, 



Richardson, 

Robertson, La. 

Riisiiell. 

Sanford, 

Scott, 

Scull, 

Seerley, 

Snodgrass, 

Springer, 

Stahlnecker, 

Steven.^, 

Stockdale, 

Stone, Ky. 

Storer, 

Sweet, 

Taylor, 111. 

Taylor. Tenn. 

Taylor, E. B. 

Taylor, J. D. 

Taylor, V. A. 

Terry, 

Tillman, 

Tucker, 

Wadsworth, 

Walker, 

Washington, 

Weadock, 

Wever, 

Whiting, 

Willcox, 

Williams, Mass. 

Wilson, Ky. 

Wilson, W,ash. 

Winn, 

Youmans. 



MESSAGE FROM THE PRESIDENT. 

During the roll call a message from the President, by Mr. Pru- 
DEN, one of his secretaries, was received: which announced that 
the President had approved and signed bills and joint resolu- 
tions of the following titles: 

On July 28, 1892: 

An act (H. R. 1084) to remove the charge of desertion now 
standing against Michael Keefe, deceased: 

An act (H. R. 9023) to grant the right of way to the Pensacola 
Terminal Company through the lands of the naval reservation 
near Pensacola; 

An act (H. R. 4927) to confer jurisdiction on the Court of Claims 
to hear and determine the claim of the heir of Hugh Worthing- 
ton for his interest in the steamer Eastport; 

An act (H. R. 9022) to provide for the examination of certain 
officers of the Marine Corps, and to regulate promotion therein; 
and 

Joint resolution (H. Res. 142) extending the time for the con- 
struction of a hotel on the Government reservation at Fort Mon- 
roe, Va. 

On July 29, 1892: 

An act (H.R. 0792) to provide for semiannual statements by 

foreign corporaUons doing business in the District of Columbia: 

^/vu -An act (H. R.5l22) to pi-oliibit the use of ''one-horse "cars 

within the limits of the city of Washington after the 1st of .lan- 

uary, 1893, anO for other purjioses: 

An act (H. R. 9172) to incorporate the Washington and Great 
Falls EloL'tric Railway Company; 




7018 



CONGRESSIONAL RECOBD— HOUSE. 



August 2, 



An act (H. B. 2593) for the i-elief of James B. Blue, adminis- 
trator dc lionis non of the estate of Solomon Blue, deceased: 

An act (H. R. 3105) granting- a pension to Orinda Leach; and 

An act (H. R. 3901) g-ranting- a pension to Eliza Smith. 

On July 30, 1892: 

An act (H. R. 1759) granting- a pension to Ellen Goft; 

An act (H. R. 1784) granting a pension to James Reed, jr.: 

An act (H. R. 20{i8) granting- a pension to William H. Brewer; 

An act (fl. R. 2397) granting a pension to Stark Frazier; 

An act (H. R. 2399) granting a pension to John Mercer; 

An act (H. R. 4753) granting a pension to Sarah L. Ronaldson; 

An act (H. R. (ilOG) granting a pension to Lydia M. Kennedy, 
sister of Abram Kennedy: 

An act (H. R. (i279) granting a pension to Henry J. Alvis; 

An act (H. R. fri(jl) granting a pension to Susanna Davis; 

An act (H. R. 7235) granting a pension to Mary A. Sipp; 

An act (H. R. 7236) granting a pension to Julia S. Tompkins: 

An act (H. R. 7237) granting a pension to James W. Kirtley; 

An act (H. R. 8241) granting- a pension to William Oscar Stan- 
ley; 

An act (H. R. 8310) granting a pension to Robert S. Campbell, 
veteran of Senimole war. 1837; 

An act (H. R. 8316) granting a pension to Anna M. Holstein, a 
hospital nurse during the vmv of the rebellion: 

An act (H. R. 8693) granting- a pension to Katie Allen; 

An act (II. R. 8971) granting a pension to Mary J. Corcoran; 

An act (H. R. 2164) granting an increase of pension to Andrew 
Kramer; 

An act (H. R. 6117) for the relief of Mrs. Mary Ann Ross, form- 
ei'ly Coats, late of Pike County, 111., but now of Marceline, Mo.: 

An act (H. R. 3167) restoring the pension of Sallie M. Swigart; 

An act (H. R. 4993) for the relief the heirs of John R. Treut- 
len; 

An act (H.R. 7974) to authorize the construction of a bridge 
over the Tennessee River at or near Deposit, Ala.; and 

An act (H. R. 5(i84) to authorize the Danison and Northern 
Railway Company to construct and operate a railway through 
the Indian Territory, and tor other purposes. 

On August 1, 1892: 

An act (H. R. 3170) granting a pension to Sarah A. Noble; 

An act (H. R. 4385) to pension Nathan Falkner, of Saline 
County, Ark.; 

An act (H. R. 4808) for the relief of James H. Willey; 

An act (H. R. 7095) granting an increase of pension of Addison 
M. Copen; 

An act (H. R. 8537) relating to the limitation of the hours of 
daily service of laborers and mechanics employed upon the pub- 
lic works of the United States and of the District of Colum- 
bia; 

An act (H. R. 4667) to incorporate the Maryland and Washing- 
ton Railway Company; 

Joint resolution (H. Res. 159) tocontin-ue the provisions of ex- 
isting laws providing temporarily for the expenditures of the 
Government: ' 

An act (H. R. 3156) to correct the military record of James 
Corridon, Fourth United States Infantry; and 

An act (H. R. 2932) for the relief of Charles T. Garrard. 

LEAVE TO PRINT TESTIMONY. 

The SPEAKER. As the roll has been interrupted, the Chair 
will ask, in behalf of the committee investigating the charges 
made by Mr. WATSON, for leave to print the testimony taken in 
the case. Without objection the order will be made. " 

Thei-e was no objection. 

CALL OF THE HOUSE. 

The SPEAKER. The doors will be considered as closed with- 
out objection. The Clerk will now call the names of those gen- 
tlemen who failed to respond, and on this call excuses may be 
offered. 

The roll was again called. 

The SPEAKER. The gentleman from Illinois [Mr. Taylok] 
desires to be excused this day on account of sickness. The gen- 
tleman from Florida [Mr. Bollock] also requests indefinite 
leave of absence on account of sickness. Without objection these 
gentlemen will be excused. 

Tliere was no objection. 

Mr. SMITH of Illinois. The gentleman from Illinois [Mr. 
Henderson] left hero a short time ago sick, and desires to bo 
excused. He will return if necessary to make a quorum. 

There was no objection. 

Mr. BARWIG. Mi\ Speaker, "my colleague [Mr. Miller] 
is absent on account of sickness. I ask indefinite leave of ab- 
sence for him on that account. 

There was no objection. 

Ml-. BOATNER.' Mr. Speaker, my colleague [Mr. Blanch- 



ard] is absent on important business in the city of New York. 
I ask Ihat he bo excused. 

There, was no objection. 

Mr. MICYKR. Mr. Speaker, my colleague [Mr. Price] is ab- 
sent in New York for the day on important bujine-ss. I ask that 
he be excused for the day. 

There was no objection. 

Mr. BUTLER. Mr. Speaker, my colleague [Mr. Seerley] is 
absent on the oommitteo attending the funeral of Mr. Craig. 

The SPEAKER. That is equivalent to an excuse. 

Mr. PAGE of Maryland. I ask that my colleague [Mr. COMP- 
ton] b'i excused on account of sickness. 

There was no objection. 

Mr. CAMINETTI. The gentleman from North Dakota [Mr. 
Johnson] took my place on the committee to attend the funeral 
of Mr. Craig. I ask that he be excused. 

There was ho objection. 

Mr. LANHAM. Mr. Speaker, I offer the following resolution, 
and ask the previous question upon it. 

The SPEAKER. The Clerk will report the resolution. 

Mr. BOATNER. Will the gentleman from Texas yield a mo- 
ment and permit me to request an order to print? It will only 
take a little time. 

Tlie SPK.\KER. The order to print has been granted. 

Mr. WHEKLER of Alabama. Before that resolution is of- 
fered I would ask that members of committees having reports 
to make may be permitted to file them. 

The SPEAKER. This is under a call of the House and the 
Chair can not entertain that request. 

The resolution was read, as follows: 

Renolced. That the condition of the public business imperatively demands 
the Immecli.itB presence of all absent members of the House. That the 
Speaker be, and he is hereby, authorized and refjuested to urge upon all ab- 
sentees to return at once. That all leaves of absence heretofore granted are 
revolted, Tliat if any absent member shall fail to return, or notify the 
Speaker that they are en route to the C.^pitol withiu the next two days, the 
Sergcant-at-Arms shall, in person or by deputy,»proceed at once to the resi- 
dence of such absent members and enforce their attendance, the expenses of 
the Sorgeanl-at^Arms and his deputies in such service to be paid out of the 
contingent fund of the House. 

The previous question was ordered, and under the operation 
thereof the resolution was agreed to. 

On motion of Mr. LANHAM, a motion to reconsider the vote 
by which the resolution was passed was laid on the table. 

Mr. HOLM AN. Mr. Speaker, I offer the following resolution, 
and upon that I demand the previous question. 

Tlie Clerk read as follows: 

SesolveiJ. That escep: as to the revocation of leaves of absence and the ar- 
rest by the Sergeant-at-Arms of absent members of the House heretofore 
ordered, all further proceedings under the call of the House be, and the same 
are hereby, dispensed with. 

The previous qt:estion was ordered; and under the operation 
thereof the resolution was agreed to. 

The SPEAKER. The question recurs on the motion of the 
gentleman from Texas, that when the House adjourns it be to 
meet on Friday ne.xt. 

Tlie question was taken; and the Speaker announced that the 
noes seemed to have it. 

Mr. BAILE\^ Division. 

The House divided: and there were — ayes 7, noes 65. 

Mr. BAILEY. No quorum, Mr. Speaker. 

Ml-. BUCHANAN of New Jersey. I move that the House do 
now adjourn. I believe that motion is now in order. 

The motion was agreed to: and accordingly (at 1 o'clock and 
31 minutes p. m.) the House adjourned. 



REPORTS OF COMMITTEES. 

Under clause 2 of Rule XIII, private bills were severally re- 
ported from committees, delivered to the Clerk, and referred to 
the Committee of the Whole House, as follows; 

By Mr, ATKINSON, from the Committee on Claims: A bill 
(S. 3115) for the relief of Clement Reeves. (Report No. 2117.) 

By Mr. WHEELER of Alabama, from the Committee on Mili- 
tary Affairs: A bill(H. R. 2110) for the relief of Bvt. Lieut. Col. 
J. Madison Cutts. (Report No. 2118.) 



PRIVATE BILLS, ETC. 

Under clause 1 of Rule XXII, private bills of the following 
titles were presented and referred as indicated below: 

By Mr. GATE: A bill (H. R. 969S) for the relief of F. B. Toms 
and Sallie T. Harris — to the Committee on War Claims. 

By Mr. FUNSTON; A bill (H. R. 9699) to pension Thomas E. 
Rochester — to the Committee on Pensions. 

By Mr. GOODNIGHT: A bill (H. R. 9700) for the relief of A. 
and'S. Floyd, of Bowling Green, Ky, — to the Committee on War 
Claims. 



1892. 



CONGRESSIONAL EECORD— SENATE. 



7079 



* ^= * to be equitably distributed amoug; the Atlantic, Mexican Gulf, und 
Pacific porty," and divides the steamships into four classes according tocon- 
structlon, speed, and tonnage, and provides that the rate of compensation 
for such services per mile shall not exceed $4 for the first class nor $- for the 
secoud class by the shortest practicable route for each outward-botmd voy- 
age, nor $1 for thii-d class, nor OSJ cents (or the fourth class for the actual 
number of miles required by the Post-Offlce Department to be traveled on 
eacli outward-boimd voyage. In the Post-OlBce appropriation law for the 
fiscal year isll^i the amount for transportation of foreign mails was increased 
over the estimate of December 1, IS'M, by .M9r.010. The amount which may 
be required to meet the contracts the Postmaster-General may make for the 
fiscal year 1^0- and subsequent years will depend entirely upon the ntiniber 
of steamshijis so contracted with. It is safe to say that the amount for 189; 
will exceed the appropriation and will increase from ye.al' to year for ye.ars 
to come, for there is no limit to the time when the Postmaster-General shall 
make contracts, the only limitation being as to the length of contract from 
the time made. 

MINOR INDEPIKITE MATTERS. 

"An act to provide for the ad.judication andpaymentof claims arising from 
Indian depredations," approved March 3, 1891, confers tipon the Coiu-t of 
Claims jtirisdiction to adjudicate such claims and render judgments therein 
against the United States, and the band or tribe of Indians committing the 
wrou.e. if identified, to be paid from annuities of Indians, if any. and it not. 
then i)V the United States. The estimate of the aggregate of such claim.s 
vaiies'from i8,000,000or$10.000.000to $20,000,000. ThefuturealonewiUdisdose 
for what amoimts and during what years the Court of Claims may render 
judgmenls in such cases. 

In the deficiency appropriation law of March 3. 1891. $1.30t.09.i.3T was appro- 
priated to pay the findlugs of the Court of Claims on the particular claims 
therein named for i-ndemnity for spoliations by the French prior to July 1, 
1801. These were only a small part of the aggregate of all such claims. 

The cost of the public buildings authorized to be erected by the Fifty-first 
Congress, as fixed and limited in the respective laws and the increase of 
cost made by the Fifty-first Congress onpublic buildings previously author- 
ized over and above the limit of cost fixed in tlie original laws, amount to 
$17.01C.035.S1. and the appropriations made to J8,lSSt!,e:!U.54, leavingJS.lGO.OOOto 
be appropriated hereafter. This does not include the New Yorlc ctistom- 
hotise, authorized to be sold for not less than $1,000,000 and the proceeds ap- 
propriated to the construction of new Ijuildings. The river and harbor ap- 
propriation law of the last Congi-ess authorizes contracts to be made for the 
construction, etc.. of the works at Galvesten, Tex., St. Mary's River. Hay 
Lake Channel. Philadelphia and Baltimore, estimated to cost $16,132,979. and 
only appropriated J4, 791. 200. leaving 111,331,779 to be provided hereafter. 

THE PENSION QtXESTION. 

Under the pension law of Juue 27, 1890, over 600,000 applications have been 
filed and htmdreds are being filed daily. Many of these applications are by 
applicants or pensioners at low rates under the old law. 

The actual expenditures from the Treasury for pensions for the years 
named have been as follows: 



For 1885 


556,102,367.49 
66, 404, 864. 03 
75,0,29,101.79 


For 1888 


$80,288,508.77 


For 1886 


For 1889 


87,624.779.11 


For 1887 


For 1890 


106,936,855.07 









The appropriations tor 1891 ,are $127,793,059.34. and tor 1892 are $135,21 1.785. 

Will there be a iwiision deficiency for 1892, and an Increase in the aggregate 
amotint of all the pensions for several years thereafter? Known facts an- 
swer yes. 

The increases tor several years past have been as follows; In 1889over 18S,8. 
87.336,270.34; 1890 over 1889. $19,312,076.95; 1891 over 1890, $20,8.56.204.27. and for 
1893, according to the estimates submitted in December, 1890, and appropri- 
ated for the increase over 1891 is only $7,431, 735.6 J. 

No claims tinder the law of Jime 37, 1890, are included in that fiscal year. 
Three to four months of the fiscal year 1891 passed before the Pension Ollice 
was fairly organized for work (^n the claims under the now law. If the Pen- 
sion Oftice shall dispose of thehtindredsof thousands of pending claims with 
dispatch and promptness there will be a deficiency for 1892 and considerable 
increase for years to come imder existing laws. 

POSTOFnCE DEPARTMENT. 

Tlfe actual expenditures of the Post-Oflice Department, including revenues 
and cash from Treasury, have been as follows: For 1880, $36,542,803.68; for 
1886, $51,004,743.80 for 1889, $62,317,119.36; tor 1890. $66,259,547.84: and the ap- 
propriations are for 1891 $72,236,698.90, and tor 1893 $77,907,322.61. The liabili- 
ties for 1893 and 1894 and subsequent years, by reason of new lines of rail- 
ways, new post-ofllces, and star-route service, free-delivery service, and the 
ocean mail service under the law before referred to. will be largely in- 
creased. 

OFFICES CRE.tTED; SALARIES IKCUE.-VSED. 

The Fifty-first Congress created 1,951 new specific offices, with specific sala- 
ries amotmting to $2,359,215. and omitted or abolished 246 specific offices, with 
specific salaries amounting to $310,864.18, leaving 1,705 as the net increase of 
new specific offices, with specific salaries amoiinting to $3,048,350.82. It in- 
creasedthe salaries of !.318ofllcesby $351,353.13 and reduced or decreased the 
salaries of 13 specific offices by $3,628.30, leaving 1,206 specific offices with a 
net increase of theirsalaries amounting to $247,734.82 annually. The salaries 
of the net increase in new specific offices and the net increase of s,alaries in 
specific offices will amount to the sum of $2,296,075.64. 

It also appropriated the amount of $2,943,351.60 for new offices created by 
increase of appropriation or other law without specifying the number of 
such offices or the amount of each salary, and withheld or omitted appro- 
priating $11,340 for offices without specifying the number or the salary of 
each, leaving a net increase of $3,901,111.50 annually. The aggregate of such 
new offices, salaries, and increase of salaries is an increase of $5,197,187.14 
annually. 

ESTIMATeS FOR APPROPRIATIONS. 

The Secretary of the Treasury will submit to the first and second regular 
sessions of the Fifty-second Congi-essin December, 1891 and 1893, respectively, 
his Book of Kstimates of the amoums of all appropriations required for the 
administration of the Government under the existing laws for each of the 
fiscal years 1893 and 1894, respectively, and also all estimates for deficiencies 
for the fiscal years 1893 and 1893, respectively, The estimates of each De- 
partment for Its entire service will be made out by such Department and 
submitted to the Secretary of the Treastiry, who will consolidate all the 
estimates and submit them in one book to Congi-ess. These estimates v.'ill 
form the basis from which the House will make the various appropriation 
bills for thediflerent Departments. Theaggreg.-.teamountof the permanent 
aimual appropriations for each year, though not specified or named in any 
aimnal aiipropriation law, will be charged to that session of Congi-ess and be 
added to the aggregate appropriations of such session as I have before ex- 
plained. It is safe to assume that these estimates by Republican officials for 



theii- own administration will be amply sufficient to cover all expenditures 
under existing laws without any deficiencies. 

ACTCAL CONDITION'S. 

Brieflystated, these are some of the actual conditions which will coutrout 
the Fifty-second and subsequent Congresses. 

We are hearing the advocates of a new party, a third party, a self-styled 
reform party, denouncing the Democratic as well as the Republican party 
for failures to redeem their pledges and as no longer fit to be trusted. 

The Republican ]):irty during the past Fltty-iirst Congress had absolute 
control and power of the Kxecutive and in both Houses of Congress. Their 
record shows the UKinncr iu which they liave redeemed their pledges by the 
billion appropriations and e>;trav;igant legislation, creating new liabilities 
for the future and morlg:iges upo:i the labor of the country' What has the 
Democratic p:irty done or omitted to do to justify such charges? Nothing. 
To the extent of our power, and consequently our responsibility, we have 
redeemed our pledges and kept iurtolate our promises. 

At no one time nor during any one Congre.<s since March 4, 1861, has the 
Democratic party had control of Congress in both Houses and of the Execu- 
tive. Otu' party had control only of the House diu-ing the Forty-fourth and 
Forty-fifth Congresses, from March 1. 1875. to March 4. 1879, the Senate and 
Executive being Kopubllcau. During the Forty-sixth Congress, from March 
4, 1879. to March 4. 1881. v,-c had control of Congress in both Houses by small 
majorities -the Executive being Republican. During the Forty-seventh 
Congress, from March 4. 1881. to March 4. 18S3. the Republic;m part.v had con- 
trol of Cougress and the Executive. During the Fortv-eighth Congress, from 
March 4. 1883. to M:a-cli 4, 1885. we had control of the House only, v/ith a Re- 
publican Senate and Kxecutive. 

During the Forty-ninth and Fiftieth Congresses, from March 4. 1885. to 
March 4, l.'^S'.i, we had control of the House and the Executive, with a Re- 
pulilican Senate. During the Fifty-first Congress, from M;irch 4, 1889. to 
M;irch 1, 1891, the Republican party had full control of the Congress and the 
Executive. Diu'ing the Fifty-second Congi'ess, from March J. 1H91, to March 
4. 1893. we will control the House and have a Republic:m President ;iud Sen- 
ate. At no time, theretore. has the DeniH-ratic party had full power to 
enact any law. Any bUl. whether originating in the House or .Senate, must, 
before it can become a law. be passed by eacii House and approved by the 
Executive, or if vetoed, be passed over the veto by two-thirds of each House. 

THE PEOPLE MUST CONSIDER. 

Our Democratic House ot the Fifty-second Congress has no power to enact 
law or to repeal, amend, or modify any existing law without the approval 
ot the Kepul)Ucan Senate and Executive. The House has the exclusive 
right to originate all bills for raising revenue, but the Senate has the same 
rights ot amenament as on other bills. The House exercises the right to 
originate the ajipropriation bills, but the Semite has full power ot amend- 
ment and equ-.il power with the House iu passing all bills, ;ind If no agree- 
ment can be reached the bill fails. 

The sovereign peopleas well as the Democratic members ot the Fifty-.second 
Cougress should calmly aud dispassionately consider and umlerstaud in ad- 
vance the serioiLS conditions growing out of the apiiropriations :ind laws of 
the billion Congress and the Republican control still ot the Senate and of the 
Executive, which must be met and removed before any very great reductioiLs 
can be made in the app;irent ag,gregate of appropriations and the expendi- 
ttu'es of the Govei'nmeut be reduced to that economical and legit im;ite basis 
demanded by the best interests ot our Government aud of the groat masses 
of the people. 

Notwithstanding the very serious obstacles confronting us. our Demo- 
cratic House must and will, to the fullest possible extent of its powers. fe;ir- 
lessly reduce the appropriations to the lowest amount absolutely rettuii'ed 
for an economical and honest administration of our GovernTucnt' aud force 
into practic;U opi^ratiou the true Jeffersonian Democratic principle of "■econ- 
omy in the public expense that labor may" be lightly biu'dened," and tor 
ever,v dollar of reductions made will be entitled to high praise aud honor. 
The Democratic minority of the Senate willdoubtless heartily and earnestly 
cooperate w^th the Democratic majority of the House in securing the en- 
forcement of the cardinal principle of our p.trty. 

I know I shall gladly do so as a member ot the Senate Committee on Ap- 
propriations, and if any Democratic Senator can do more than I can and will 
to secure reductions of expenditures, or will devote his time and labors more 
constantly and earnestly to the onerous duties of that committee. I will 
gladly sttrrender my place iu it to hmi. 
Sincerely vours. 

F. M. COCKRELL. 

HOUSE BILLS REFERRED. 

The following bills from the Housj of Representatives were 
severally i-ead twice by their titles, and referred to the Com- 
mittee on Pensions: 

A bill (H.R. 441)6) to place upon the ijensicm rolls of the United 
States the name of Thomas F. Sheldon, late captain Company A, 
On; hundivd and twenty-fifth New York Iiifantiy: 

A bill (H. K. S2oO) for the relief of Louis G. Sanderson, ot 
Craighead County, Ark.; 

A bill (H. R. (')737) granting a pension to Dalzell R. Bradford, 
Twenty-fourth Michigan Volunteers; 

A bill (H. R. 8907) to increase the pension of .John Malloj-; 
and 

A bill (H. R. 6233) granting- a pension to Thomas T. Prather. 

The bill(H. R. 5049) to remove the charge ot desertion against 
Lucius L. Dyer, was read twice by its title anfl vptovred to the 
Committee on Military Affairs. 

ENROLLED BILLS SIGNED. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES. its Chief Clerk, announced that the Speaker of the 
House had signed the following enrolled bills: and they were 
thei'eupon signed by the Vice-President: 

A bill (H. K. 7520) making appropriations for sundry civil ex- 
penses for the Government for the fiscal year ending .Tune ;W, 
1893, and for other purposes. 

A bill (S. 2321) granting a pension to Jonas D.-yo: and 

A bill (S. 2G38) granting a pension to W. W. Harllee. 

FINAL ADJOURN-MENT. 

Mr. ALLISON. I report back from the Committee on Appro- 



70S0 



CONGEESSIONAL RECORD— SENATE. 



August 5, 



priations the resolution of the House of Representatives provid- 
inn- for final adjournment with an amendment, to insert instead 
of'*' Saturday, July :»," '-Friday, August 5;" and instead of " 2 
o'clock p. m.V "11 o"cli:ck p. m." 

The I'RESIDING OFFICER (Mr. Hawley in the chair). The 
amendment will be stated. 

The Secretary. In line 5, after the word "on," strike out 
'•Saturday, July .30," and insert '' Friday, August 5; '" and in the 
last line, after the word "at," strike out ''two" and insert 
" eleven; " so as to make the resolution read: 

Htsoli-i'd, That the President o( the Senate and the Speaker of the House of 
Representatives declare their respective Houses adjourned without day on 
Friday, August .5, 1893, at U o'clock p. m. 

The PRESIDING OFFICER. The resolution is before the 
Senate, and the qut-stion is on agreeing to the amendment of the 
Committee on Appropriations. 

The amendment was agreed to. 

The resolution as amended was agreed to. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. James 
Kerr, its Clerk, announced that the House had passed a resolu- 
tion providing- for the appointment of a committee of three mem- 
bers of the House to join a similar committee on the part of the 
Senate to wait on the President of the United States and inform 
him that the two Houses of Congress are ready to adjourn and 
respectfully inquire if he had any furthercommuuicatlon to make 
to them, and that Mr. McMillin, Mr. FELLOWS, and Mr. O'Neil 
of Pennsylvania had been appointed the committee on the part 
of the House. 

NOTIFICATION TO THE PRESIDENT. 

Mr. ALLISON submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

Resolved, That a committee of two Senators be appointed on the part of 
the Senate to join such committee as may be appointed by the House of Rep- 
resentatives to wait on the President of the United States and inform him 
that unless he may have any further commimlcatlon to make the two Houses 
are now ready to adjourn. 

The PRESIDING OFFICER appointed Mr. ALLISON and Mr. 
GoRM.\N as the members of the committse on the part of the 
Senate. 

PRESIDENTIAL APPROVALS. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of his secretaries, announced that the Presi- 
dent had on this day approved and signed the following acts and 
joint resolutions: 

An act (S. 238) for the relief of the heirs of Davis B. Bonfocy 
and Emma W. Bonfoey; 

An act (S. 3120) to regulate the times for holding the terms of 
the United States courts in the State of South Dakota; 

An act (S. 3I3i) for the relief of the settlers upon certain lands 
in the States of North Dakota and South Dakota; 

A jointresolution (S. R. 42) extending an invitation to the King- 
and Queen of Spain and the descendants of Columbus to partici- 
pate in the World's Columbian Exposition; 

A joint resolution (S. R. 100) to permit the railroads of the 
J&iii«Si<BlStl'l(JWt5 lay extra tracks to accommodate the traveling public 
dm-ing the Grand Army of the Republic Encampment; 

A joint resolution (S. R. lOti) authorizing foreign exhibitors at 
the World's Columbian Exposition to bring to this country for- 
eign laborers from their respective countries for the purpose of 
preparing for and making their exhibits; 

An act (S. 323) granting a pension to Thomas Cooper; 

An act (S. 2105) granthig a pension to Bertha Test; 

An act (S. 1033) granting a pension to Mrs. Esther J. Boone: 

An act (S. 2(iOG) granting- a pension to John A. Dean; 

An act (S. 1878) to increasa the pension of Ambrose B. Carl- 
ton; 

An act (S. 2321) granting an increase of pension to Jonas Deyo; 

An act (S. 2638) granting a pension to W. W. Harllee; 

An act (S. 3296) for the relief of Henry Cozad; and 

An act (S. 3325) granting an increase of pension to George W. 
Clark. 

THANKS TO THE VICE-PRESIDENT. 

Mr. HARRIS. Mr. President, I submit a resolution for which 
I ask the present consideration of the Senate. 

The resolution was read, as follows: 

liesoleed. That the thanks of the Senate are hereby tendered to Hon. LEVI 
P. Morton, Vice-President, for the digniHed, impartial, and cotu-teotis man- 
ner with -which he has presided over its deliberations during the present 
sessii-n. 

The PRESIDING OFFICER. The question is on agreeing to 
the resolution. 
The resolution was agreed to unanimously. 

THANKS TO THE PRESIDENT PRO TEMPORE. 

Mr. COCKRELL. Mr. President, it gives me pleasure to 



offer the resolution which I send to the desk; and I ask for its 
present consideration. 
The resolution was read, as follows: 

Hfsnleeil, That the thanks of the Senate are hereby tendered to Hon. 
ChaiUjESF. Manderson, President ;jra /fm/w/-<; of the Senate, for the digni- 
lied, impartial, and courteous manner with which he has presided over its 
deliberations during the present session. 

The PRESIDING OFFICER. The question is on agreeing to 
the resolution. 
The resolution was agreed to unanimously. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES. its Chief Clerk, announced that the House had passed the 
bill(S. 2612) granting a pension to Tendoy, chief of the Bannocks, 
Shoshones, and Sheepeaters triba of Indians, with an amend- 
ment, in which it requested the concurrence of the Senate. 

The message also announced that the House had passed the 
bill (S. 3325) granting an increase of pension to George W.Clark. 

TENDOY'. 

The VICE-PRESIDENT laid before the Senate the amend- 
ment of the House of Representatives to the bill (S. 2612) grant 
ing a pension to Tendoy, chief of the Bannocks, Shoshones, and 
Sheepeaters tribe of Indians. 

The amendment of the House of Representatives was. in line 
4, before the word "dollars," to strike out "thirty" and insert 
"fifteen." 

The VICE-PRESIDENT. The question is on concurring in 
the amendment of the House of Representatives. 

Mr. DUBOIS. I under.stand that it is too late to have the bill 
signed, and I ask that it lie on the table. 

The VICE-PRESIDENT. The bill will lie on the table. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had passed 
the bill (S. 1661) granting an increase of pension to John Hal- 
lam. 

The message also announced that the House had passed the 
bill (H.R. 4255) to pension Samuel G. Briggs, of Hale County, 
Ala.: in which it requested the concurrence of the Senate. 

ENROLLED BILL SIGNED. 

The message further announced that the Speaker of the House 
had signed the enrolled bill (S. 3325) granting an increase of pen- 
sion to George W. Clark; and it was thereupon signed by the 
Vice-President. 

SAMUEL G. BRIGGS. 

Mr. MORGAN. I ask the unanimous consent of the Senate to 
proceed to the consideration of House bill 4255. 

Mr. CULLOM. What bill is that':' 

jNIr. MORGAN. It is a bill just received from the House of 
Representatives to pension a very decrepit old man, who prob- 
ably will be dead before December. 

The VICE-PRESIDENT. The Chair lays the bill hoforo^he 
Senate. 

The bill (H. R. 4255) to pension Samuel G. Briggs, of Hale 
County, Ala., was read the first time by its title. 

The VICE-PRESIDENT. The bill will be read at length for 
information. 

The bill was read the second time at length", as follows: 
Be it enacted, etc.. That the Secretary of the Interior be, and he is hereby, 
directed to place on the pension roll the name of Samuel G. Briggs, of Hale 
County, Ala., who served in the Florida w-ar as a soldier in Capt. Henry 
Webb's Company. Col. Acklin's regiment; and that the said Samuel G. Briggs 
be paid a pension under the provisions of the pension laws at the rate of W.5 
per month. 

Mr. MORGAN. On further consideration, I move that the 
bill be referi'ed to the Committee on Pensions. 
The motion was agreed to. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had agreed 
to the amendment of the Senate to the House concurrent reso- 
lution fixing a time for adjournment without day. 

NOTIFICATION TO THE PRESIDENT. 

At 10 o'clock and 53 minutes p. m. Mr. Allison and Mr. 
GORMAN, of the joint committee appointed to wait upon the 
President of the United States and notify him that Congress 
was ready to adjourn, appeared at the bar of the Senate, and 

Mr. ALLISON said: Mr. President, the committee on the part 
of the Senate, with a like committee on the part of the House, 
have waited upon the Pi-esident and informed him that the two 
Houses were now ready to adjourn tmless he had some further 
communication to make. The President informed the commit- 



1892. 



CONGEESSIONAL RECORD— HOUSE. 



7123 



Mr. SAYEKS. I will say to the gontleman from Missouri 
that Senator Allison said he would not agree to any such prop- 
osition. 

Mr. O'NEILL of INIissouri. I repeated his conversation with 
me. 

Mr. HOLMAN. When we met in contevence this afternoon I 
was informed that I misunderstood the Senator; that he meant 
simply the Senate would recede from its amendment in regard 
to the Capitol police force, but not from its opposition to the 
proposition of the gentleman from Missouri. The result was, 
not having been able to see him, that I held back this report for 
twenty minutes, until nearly 8 o'clock, when the gentleman from 
Missouri was present in his seat. After having treated the gen- 
tleman from Missouri with so much courtesy as he has been 
treated with in regard to this matter, having voted with him all 
along on this proposition 

Mr. O'NEILL of Missouri. Well, vote with me now. 

Mr. HOLMAN (continuing). I repeat, having been treated 
with such courtesy, I think that he can afiord to be a little more 
foi'bearing than his language has indicated him to be. [Cries of 
"Vote! Vote!"] 

Several Members. Call the previous question, 

Mr. HOLMAN. Now, it is not 9 o'clock yet, and if the 
House'thinks proper to reject this report, and if you want to send 
me back for another conference on this matter, I am ready to 
obey the will of the House. 

I demand the previous question on the report. 

The previous question was ordei-ed. 

The question being taken on the adoption of the report, on a di- 
vision, demanded by Mr. O'Neill of Missouri, there were— ayes 
169, noes 14. 

So the report was adopted. 

On motion of Mr. HOLMAN, a motion to reconsider the last 
vote was laid on the table. 

ORDER OF BUSINESS. 

Mr. HEARD. Mr. Speaker, I desire to ask unanimous con- 
sent to discharge the Committee on the District of Columbia 
from the further consideration of a Senate joint resolution num- 
bered 100, in relation to providing temporary tracks by the rail- 
roads, adjacent to their stations, in this city during |the Grand 
Army Encampment and ask to put it upon its passage. It is a 
matter of considerable importance 

Mr. BUTLER. I demand the regular order. 

The SPEAKER. The regular order is the further consider- 
ation of the bills coming over from the Friday evening sessions. 

THOMAS D. FEATHER. 

The SPEAKER. The Clerk will report the next bill. 
The Clerk read as follows: 

A hill (H. R. 6233) griintmi; a pension to Thoiu.as D. Pratlier; reportecl from 
the L'onimittee of the Whole with an aiiieudiuent. 

The amendment was considered and agreed to; and the bill as 
amended was ordered to be engrossed and read a third time; and 
being engrossed, it was accordingly read the third time, and 
passed. 

TEMPORARY RAILROAD TRACKS, DISTRICT OP COLURIBIA. 

Mr. BUTLER. Mr. Speaker, I called the regular order a 
few moments ago under a misapprehension, as I did not under- 
stand the bill that was to be considered. I withdraw that de- 
mand . 

The SPEAKER. The Chair will stats to the House that there 
are a few Senate bills and resolutions which relate to the Dis- 
trict of Columbia, and the Chair is informed by the gentleman 
from Missouri [Mr. Heard] and by the Commissioners of the 
District that one relates to the preservation of the peace and 
good order in the District and the other the resolution called 
up by the gontleman from Missouri a few moments ago relates 
to temporary railroad tracks in the city during the Grand Army 
encampment. 

The Chair will submit these resolutions for the considera- 
tion of the House so as to determine whether the House realizes 
the necessity for their passage. 

The Clerk will read the title of the first resolution. 

The Ciei'k read as follows; 

Joint resolution (S. Res. 100) to permit the railroads oJ the District ot Co- 
lumliia to lay extra tracks to aceommodate the travelinEf public durinir the 
Grand Army of the Republic encampment. 

The SPEAKER. Is there objection to the present considera- 
tion of this resohttion? 

Mr. I\IEREDITH. I understand this is a bill to permit the 
railroads to lay their tracks in the streets of this city. I want 
to know whether I am correctlv informed as to the purpose of 
this bill. 

Mr. HEARD. Mr. Speaker, the gentleman understands the 
character of this bill and knows that it concerns the constituents 



of every man on this floor, an d that itwillbo for their interest 
to have it passed. It will be impossible for the railroads coming 
into this city to take proper care of their patrons it it does not 
pass. 

Mr. HENDERSON of Iowa. Is this the same thing which is 
done at inaugurations'.-' 

Mr. HEARD. Yes. exactlv the same. 

Mr. MEREDITH. My friend is a little too previous. 

Mr. MARTIN. I demand the regular order. 

The SPEAKER. The gentleman from Indiana demands the 
regular order. 

Mr. IMEREDITH. I did not intend to object, but I want to 
express my views upon the bill. 

The SPEAKER. The regular order is demanded, which is 
equivalent to an objection, and which prevents the Chair from 
recognizing any gentleman to ask unanimous consent. The 
Chair would like to recognize the gentleman from Alabama [Mr. 
Cobb] but can not do it when the regular order is demanded. 

Mr. MARTIN. I did not understand the character of the bill 
for whioh unanimous consent was asked by the gentleman from 
Missouri [Mr. Heard], but it has now been explained and I will 
withdraw the demand for the regular order. 

The SPEAKER. The Chair is informed that the gentleman 
from Alabama [Mr. Cobb] has a resolution which he desires to 
present which affects the peace and good order of this city. 

Mr. HENDERSON of Iowa. Can not the other bill go through 
now? 

The SPEAKER. The gentleman from Missouri [Mr. Heard] 
can again present his resolution if the demand tor the regular 
order is withdrawn. The Clerk will report the title of the bill. 

The Clerk read as follows; 

Joint resolution (S. K. lOO) to permit the railroads of the Dislilct of Co- 
lumbia to lay extra tractUs to accommodate the traveling public durini; the 
Grand Army of the Republic encampment. 

Mr. MEREDITH. Now, I want to be heard for a moment on 
that bill. 

The SPEAKER. Is there objection to the request for the 
present consideration of this resolution. 

There was no objection. 

Mr. MEREDITH. Mr. Speaker, I do not desire to object to 
this resolution, but I want to say now, that my friend from 
Missouri [Mr. Heard] who seems to fly off the handle, was a 
little too previous, I did not intend to object to this bill after 
my conversation with him this evening, because he and others 
had convinced me that it was a necessity; but I do want to say, 
sir, that when the Norfolk and Western Railroal Company 
asked for the privilege of coming into this city. Representatives 
upon this floor, week after week and month after month, sat 
down upon that bill whioh the people desired to have passed; 
notonly the people of my district but the people of Georgetown 
desired that it should pass because it would come into this city. 

It was fought not only in the District Committee for months 
by representatives ot these i-ailroads, but it was fought bv rep- 
rcscatRtives ot the Pennsylvania Railroad upon this floor,'and I 
t been enabled to get that permissive charter for that road 
to cross into the District ot Columbia as yet. And, sir, when 
these roads come and ask for these privileges, I confess to you 
that I feel as if I ought to object; but when my friend, the chair- 
man of the committee, talked to me this evening and showed me 
that it was necessary for the people who were coming here, I 
told him that I did not think that I would object. 

Mr. HENDERSON ot Iowa. This is not for the accommoda- 
tion of the railroads, but for the accommodation ot the i)eople 
coming here to attend the encampment during September. 

The Senat3 resolution was ordered to a third reading: and was 
accordingly read the third time, and passed. 

On motion of Mr. HEARD, a motion to reconsider the last 
vote was laid upon the table. 

ORDER OF BUSINESS. 

Mr. COBB of Alabama. Mi-. Speaker 

The SPEAKER. Now, the gentleman from Alabama [Mr. 
Cobb] desires to present a bill which the Chair hopes the House 
will hear, and then determine whether they will consider it. The 
Chair is informed that it affects the peace"^and good order ot the 
District ot Columbia. 

Mr. CARUTH. I object to the consideration of that bill. I 
understand there is considerable objection to it. 

Mr. CAMPBELL. I object to it. also. 

The SPEAKER. Objection is made, and the Clerk will report 
the next bill on the Calendar. 

LOUIS G. SANDERSON. 

The Clerk read as follows; 

A bill (H. R. 8230 1 for the relief of Louis G. Sanderson, of Craighead Count y, 

Art:. 



7124 



CONGRESSIONAL RECORD— HOUSE. 



August 5, 



The amendment recommended by the committee of the Whole 
was reported. . 

Mi-. PICKLER. I would like to hear the report m this case 
read. 

The report was read. 

Mr. BUTLER. Mr. Speaker,! rise to apointof order. There 
are five or six bills on the Calendar ahead of the one which the 
Clerk has i-oad. 

Th; SPEAKER. The point of order comes too late, because 
the House has entered upon the consideration of the bill. 

Mr. BUTLER. Then let it go. 

The amendment recommended by the committee was agreed to. 

The bill as amended was ordered to be engrossed and read a 
thrd time; and b^ing engross,?d, was accordingly read the third 
time, and passed. 

AMBROSE B. COULTON. 

The SPEAKER. The Clerk will report the next bill on the 
Ca'endar. 
The CJierk read as follows: 
A bill ( s. If r?) to increase the pension of Ambrose B. Coulton. 

The bill was ordered to a third reading; and was accordingly 
road tho third time, and passed. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCoOK, its Secretary, 
annouLced tha' the Senate had agreed to the report of the com- 
mitt^e of conference on the disagreeing votes of the two Houses 
on the amendments of the Senate to the bill (H. R. 7520) making 
appropriations for sundry civil expenses of the Government for 
the fiscal year ending June 30, 1893, and for other purposes. 

It also announced that the Senate had agreed to the amend- 
ments of the House of Representatives to the bill (S. 3134) for 
the relief of settlers upon certain lands in the States of North 
Dakota and South Dakota. 

THOMAS COOPER. 

The next business reported from the Committee of the Whole 
was the bill (S. 323) granting a pension to Thomas Cooper. 

The bill was ordered to be read a third time; and it was accord- 
ingly read the third time, and passed. 

MRS. ESTHER J. BOONE. 

The next business reported from the Comniittje of the Whole 
was the bill (S. 1033) granting a pension toMrs. Esther J. Boone. 

The bill was read. 

Mr. PICKLER. Mr. Speaker, I desire to say that while I am 
in favor of passing pension bills at all times, there is a resolu- 
tion that has been passed by the Senate, and is now waiting the 
action of the House, a measure which the gentleman from Ne- 
braska [Mr. Bryan] undertook to pass here yesterday, which 
grants to the soldier employes in the Departments here leave of 
abseiics during the holding of the national encampment of the 
Grand Army of the Republic in Sejitember, and I am very de- 
sirous that it shall pass. 

Mr. BUTLER. Regular order. 

Mr. PICKLER. I think gentlemen ought to allow that reso- 
lution to be passed to grant the soldier employes leave of absence 
for a few days. 
• Mr. TUCKER. I shall object to that. 

Mr. PICKLER. I call for the reading of the report on this 
bill. 

The SPEAKER. The gentleman has fifteen minutes if he de- 
sires to use it. 

The report was read. 

The bill was ordered to be read a third time, and it was accord- 
ingly read the third time, and jiassed. 

JOHN A. DEAN. 

The next business reported from the Committee of the Whole 
was the bill (S. 2(;0G) granting a pension to John A. Dean. 

The bill was ordered to a third reading, and it was accordingly 
read the third time, and passed. 

DELZELI. R. BRADFORD. 

The next business reported from the Committee of the Whole 
was the bill (H. R. 6737) granting a ];ension to Delzell R. Brad- 
ford, Twenty-fourth Michigan Volunteers, with amendments. 

The amendments were severally agreed to. 

The bill as amended was ordered to be engrossed for a third 
reading, and, being engrossed, it was accordingly read the third 
time, and passed. 

ORDER OP BUSINESS. 

Mr. KILGORE. Mr. Speaker 

The SPEAKER. For what purpose does the gentleman rise? 

Mr. KILGORE. I understand that I was to have unanimous 
consent for the consideration of a little bill. 



The SPEAKER. The regular order has been called for. 

Mr. KILGORE. I ask to pretermit the regular order for a 
minute, so that I may ask unanimous consent for the considera- 
tion of a bill. 

The SPEAKER. The gentleman from Iowa demands the reg- 
ular order. 

THOMAS F. SHELTON. 

The next business reported from the Committee of the Whole 
was the bill (H. R. 449(5) to jjlace upon the pension rolls of the 
United States the name of Thomas F. Shelton, late captain of 
Company A, One hundred and twenty-fifth New York Infantry, 
with an amendment. 

The SPEAKER. Without objection, the amendment will Da 
considered as agreed to. 

Mr. KILGORE. I demand a division on that amendment. 

The SPEAKER. The House will be in order. Gentlemen 
will resume their seats, and business will be suspended until 
order is restored. 

Mr. KILGORE. Mr. Speaker, I withdraw the demand for a 
division. 

The amendment was agreed to. 

The bill as amended was ordered to be engrossed for a third 
reading: and being engi-essed, it was accordingly read the third 
time, and passed. 

BERTH.\ TEST. 

The next business reported from the Committee of the Whole 
was the bill (S. 210.')) granting a pension to Bertha Test. 

The bill was ordered to a third reading; and it was accord- 
ingly read third time, and passed. 

SUSAN T. SALISBURY. 

The next business reported from the Committee of the Whole 
was the bill (H. R. 2034) for the relief of Susan T. Salisbury, 
with an amendment. 

The amendment was agreed to. 

The bill as amended was ordered to be engrossed for a third 
reading; and being engrossed, it was accordingly read the third 
time, and passed. 

CHARLES H. BEHLE. 

The next business reported from the Committee of the Whole 
was the bill (H. R. t)r)()4) to remove the charge of desertion against 
Charles H. Behle. 

The bill was ordered to be engrossed for a third reading; and 
being engrossed, it was accordingly read the third time, and 
passed . 

MARY HOLLIS. 

The next business reported from the Committee of the Whole 
was the bill (H. R. 7375) granting a pension to Mary Hollis, with 
an amendment. 

The amendment was agreed to. 

The bill as amended was ordered to be engrossed for a third 
reading; and being engrossed, it was accordingly read the third 
time, and passed. 

SAMUEL S. ANDERSON. 

The next business reported from the Committee of the Whole 
was the bill (H. R. 7099) granting an increase of pension to Sam- 
uel S. Anderson, with an amendment. 

The amendment was agreed to. 

The bill as amended was ordered to be engrossed for a third 
reading; and being engrossed, it was accordingly read the third 
time, and passed. 

ENROLLED BILLS SIGNED. 

Mr. WARWICK, from the Committee on Enrolled Bills, re- 
ported that they had examined and found truly enrolled bills 
and joint resolutions of the following titles: when the Speaker 
signed the same; 

A bill (S.31.'i4) for the relief of settlers upon certain lands in 
the States of North Dakota and South Dakota; 

A bill (S. ISTM) to increase the pension of Ambrose B. Carlton: 

A bill (S. 329;) for the relief of Henry Cozad; 

A bill(S. 103.'!) granting apension toMrs. Esther J. Boone: and 

A joint resolution (S. R. 100) to permit the railroads of the 
District of Columbia to lay extra tracks to accommodate the 
traveling public during the Grand Army of the Republic en- 
campment. 

WIDOW OF CAPT. GEORGE W. HAZZARD. 

The next business reported from the Committee of the Whole 
was the bill (H. R. 8780) to restore to pension roll widow of the 
late Capt. George W. Hazzard, captain Company C, I'''ourth 
United States Artillery, with an amendment. 

The amendment was agreed to. 

The bill as amended was ordered to be engrossed for a third 
reading: and being engrossed, it was accordingly read the third 
time, and passed. 



Second Session. 



CONGRESSIONAL RECORD, 



PPiOCEEDIXGS AND DEBATES OF THE FIFTY-SECOND CONGRESS. 



SECOI^D SESSION^ 



SENATE. 

Monday, December 5, 1893. 

The first Monday of D^combar biing the day pre&eribed by the 
Constitution of the United SlatJS for tho annual meeting of Con- 
gress, the second session of the Fifty-second Congress commenced 
this day. 

The Senate assembled in its Chamber at the Capitol. 

The Vice-President of the United States iMr. Levi P. Mor- 
ton, of the State of Now York) took tho chair and called the 
Senate to order at 12 o'clock noon. 

PRAYER. 

Rev. J. G. Butler, D. D., Chaplain to the Senate, offered the 
following prayer: 

O God, "we gather devoutly at Thy feet amid unnumbered 
mercies to us as individuals in our families and upon our land. 
Thy kind hand has led us during these months of separation. 
We thank Thee that wo live. Remember very tenderly those 
who are sick. Grant them healing, if it please Thee, and pre- 
pare the dying for death. 

We look to Thee as we come to these responsibilities, asking 
Thy guidance and Thy rich blessing-. O God, the God of our 
fathers, in whom wc have ever trusted, may we ever rely upon 
the Word of Thy promise and the abiding presence of Thy Spirit. 

Bless our Government in all its departments, legislative, judi- 
cial, and executive. Remember very tenderly Thy servant, the 
President of the United States. We thank Thee for his faith 
and fortitude. We pray Thee sanctify to him and to his house- 
hold Thy sore chastening. Touch our hearts in sympathy with 
suffering, and help us day by day to walk as the children of God 
ought to walk, conscious of our own mortality, with our faces 
ever set toward the heavenly city. 

Bless abundantly, we pray Thee, these Thy servants, dwelling 
in each heart by Thy Spirit. Upon the other House of Congress 
pour very richly of heaven's benediction. Bless all the people 
of this land, O Lord, whose industries Thou hast so richly re- 
warded. Exalt us more and more in righteousness among the 
nations. Preserve to us our Sabbath and our sanctuaries. Con- 
tinue to bless all the agencies employed to enlighten and educate 
and elevate this great nation, hastening the time when the reign 
of the Prince of Peace shall come and men shall learn war no 
more. 

Guide us by Thy divine counsel. Have us in Thy holy keep- 
ing. Give unto us richly of Thy peace. A Father's bene'diction 
we crave from day to day, and we ask all in the name of Christ, 
who hath taught us when we pray to say: "Our Father who art in 
heaven, hallowed be Thy name. Thy kingdom come. Thy will 
be done upon earth as it is in heaven. Give us this day our daily 
bread. Forgive us our trespasses as we forgive those who tres- 
pass against us. And lead us not into temptation, but deliver us 
from evil. For Thine is the kingdom, the power, and the glory, 
forever. Amen." 



SENATORS PRESENT. 
Tho following Senators were present: 
From the State of — 

Alabama — John T. Morgan and James L. Pugh. 
Arkansas — James H. Berry and James K. Jones. 
California — Charles N. Feiton. 

CWorado— Henry M. Teller and Edward O. Wolcott. 
CoiiwcfiCirf— Orville H. Piatt. 
Ddau-ure — Anthony Higgins. 
Florida — Wilkinson Call and Samuel Pasco. 
(jioryia — John B. Gordon. 
Idaho — Fred. T. Dubois and George L. Shoup. 
iHi'Hois— Shelby M. CuUom and John M. Palmer. 
Indiana — Daniel W. Voorhees. 
Iowa — James F. Wilson. 
Kansas — William A. Peffer. 

Kentucky — Joseph C. S. 151ackburn and John G. Carlisle. 
Louisiana— Edw&ri D. White. 
Maine — William P. Prye and Eugene Hale. 
Maryland — Arthur P. Gorman. 

Massachusetts — Henry L. Dawes and George F. Hear. 
Michigan — James McMillan and Francis B. Stockbri(1 
Minnesota — Cushman K. Davis and William D. Washburn. 
Mississippi — James Z. George and Edward C. Walthall. 
Missouri — Francis M. Cockrell and George G. Vest. 
Montana — Thomas C. Power. 

iS^e(y)-asA-a— Charles P. Manderson and Algernon S. Paddock. 
Nevada — William M. Stewart. 

Nexo Hampshire — William E. Chandler and .Jacob H. Gallinger. 
Keic Jersey — Rufus Blodgett and John R. McPhersou. 
North Carolina — Zebulon B. Vance. 

North Dakota — Lyman R. Casey and Henry C. Hansbrough. 
OIno — Calvin S. Brice and John Sherman. 
Oregon — Joseph N. Dolph and John H. Mitchell. 
Pennsylvani(t — James Donald Cameron and Matthew S. Quay. 
Bhode Island — Nelson W. Aldrich and Nathan F. Dixon. 
South Carolina — M. C. Butler. 
South Dakota — James H. Kyle and R. P. Pettigrew 
Tennessee — William B. Bate and Isham G. Harris. 
Texas — Richard Coke and Roger Q. Mills. 
Vermont — Justin S. Morrill. 
Virginia — John W. Daniel and Eppa Hutton. 
Washington — John B. Allen. 
West Virginia — Charles J. Faulkner. 
Wisconsin — Philetus Sawyer and AVilliam F. Vilas. 
Wyoming — Joseph M. Carey. 

SENATOR FROM VERMONT. 

Mr. MORRILL presented the credentials of Redfield Proo- 
TOR, chosen by the Legislature of the Stateof Vermont a Sena- 
tor from that State to till tlio vacancy caused by the resignation 
of George P. Edmunds in the term ending March ;!, 1S93. 

The credentials were read. 



2 



CONGRESSIONAL EECOED— liOLSE. 



JJecembee 5 f 



The VICE-PBESIDENT. The Sonator-elect will please come 
forward and tako the oath of office. 

Mr. Proctor was escorted to the Vice-President's desk by 
Mr. Morrill, and the oath prescribed by law having been ad- 
ministered 10 him he took his seat in the Senate. 

Jlr. MOlvlvlLL presented the credentials of Redpield Proc- 
tor, elected by the Legislature of the State of Vermont a Sena- 
tor from that State for the term beginning March 4, 1893; which 
weio read and ordered to be filed. 

NOTIFICATION TO THE HOUSE. 

Mr. SHERMAN submitted the following resolution; which 
was considered by unanimous consent, and agreed to: 

lid'Olved. That the Secretary inform the House of Representatives that a 
quiiiuni of the Senate is assembled, and that the Senate is ready to proceed 
to business. 

NOTIFICATION TO THE PRESIDENT. 

Mr. HALE submitted the following resolution; which was con- 
sidered by unanimous consent, and agreed to: 

/'fSolred. That a committee consistini^ of two members be appointed, to 
join such committee as may be appointed by the House of Representatives, 
to wait upon the President of the United States and inform him that a 
quorum of each House is assembled, and that Congress is ready to receive 
any communication he may be pleased to make. 

By unanimous consent, the Vice-President was authorized to 
apjioint the committee on the part of the Senate; and Mr. Hale 
and Mr. Gorman were appointed. 

HOUR OP MEETING. 
Mr. MORRILL submitted the following resolution; which was 
cousiderad by unanimous consent, and agi'eed to: 

Hisolved, That the hour of the daily meeting of the Senate be 12 o'clock 
meridian until otherwise ordered. 

RECESS. 

The VICE-PRESIDENT. What is the pleasure of the Senate? 

Mr. SHERMAN. I think, under the circumstances, in view 
of the probability that the President's message will not come in 
to-day, that the Senate had better adjourn until to-morrow. I 
m.ike that motion. 

Mr. HARRIS. Does the Senator from Ohio think it is proper 
to adjourn until the committee has waited upon the President 
and we have received his answer? 

Mr. SHERMAN. As we are practically assured, by informa- 
tion in the public prints, that no message will come in to-day, I 
thought it hardly worth while to go through the form of re- 
maining in session. 

Mr. HARRIS. I do not know that we can rely upon the in- 
formation derived from the public prints. I suggest that wo 
tak.j a recess and allow the committee to wait upon the Presi- 
dent and make its I'eport. 

Mr. SHERMAN. Very well; I will substitute that motion for 
the other. I move that the Senate take a recess until 1 o'clock. 

The VICE-PRESIDENT (at 13 o'clock and 10 minutes p. 
m.). The Scnatorfrom Ohio moves that the Senate take a recess 
until 1 o'clock. 

The motion was agreed to; and at the expiration of the recess 
(at 1 o'clock p. m.) the Senate resumed its session. 

MESSAGE FROBI THE HOUSE. 

At 1 o'clock and 2 minutes p. m., Mr. James Kerr, the Clerk 
of the House of Representatives, appeared below the bar of the 
Senate and delivered the following message: 

Mr. President, I am directed by the House of Representatives 
to inform the Senate that a quorum of the House of Representa- 
tives has appeared and that the House is ready to proceed to 
business. 

I am further directed to inform the Senate that the House has 
passed the following resolution: 

nesoloea. That a committee of three members be appointed on the part of 
the House, to join the committee appointed by the Senate, to wait on the 
President and Inform him that a quorum of the two Houses has assembled, 
and that Congress is ready to receive any communication he may have to 
make. 

Ordered, That Mr. Spkingeu. Mr. Forney, and Mr. O'Neill of Pennsylva- 
nia be appointed such committee on the part of the House. 

NOTIFICATION TO THE PRESIDENT. 

At 1 o'clock and 30 minutes p. m., Mr. Hale and Mr. GOR- 
MAN, the committee appointed in conjunction with a similar 
committee of the House of Representatives to wait upon the 
President of the United States, appeared below the bar, and 

Mr. HALE said: Mr. President, the committee appointed by 
the Senate, in compauy with a similar committee of the House of 
Representatives, to wait upon thePresiueut of the United States 
and inform him that a quorum of the two Houses of Congress has 
assembled, have attended to that duty, and the President was 
pleased to say that he would communicate to the two Houses by 
a message in writing at the opening of to-morrow's session. 

Mr. SHERMAN. I move that the Senate adjourn. 

The motion was agreed to; and (at 1 o'clock and 31 minutes p. 
m.) the Senate adjourned until to-morrow, Tuesday, December 
6, 1892, at 12 o'clock m. 



HOUSE OF EEPEESENTATIVES. 
Monday, December 5, 1892. 

This being the day designated by the Constitution for the an- 
nual meeting of Congress, the members of the House of Repre- 
sentatives assembled in their Hall for the second session of the 
Fifty-second Congress. 

At 12 o'clock noon, the Speaker, Hon. Charles P. Crisp, a 
Representative from the State of Georgia, called the House to 
order. 

prayer. 

The Chaplain, Rev. W. H. Milburn, D. D., offered the fol- 
lowing prayer: 

Almighty God, we devoutly bless Thee that through Thy good 
providence so many of the members of this House are brought 
back to their places in safety and in health. Let Thy peace be 
theirs, the peace of God which passeth understanding, control- 
ling their tempers and their tongues, keeping their minds and 
hearts in Thy knowledge and Thy love. Lift their thoughts 
and wills to a level with the high dignity of the position to which 
they have been called, and grant that they may be enabled to 
act wisely as they are summoned to enact laws and to adopt 
measures for the safety, honor, and welfare of this great nation. 
Protect them and their families from all perils to person, prop- 
ertky, and reputation, and prosper them in all their ways: Wo 
humbly bog through Jesus Christ, our Saviour. Amen. 

CALL OP THE ROLL. 

The SPEAKER directed that the roll be called, when the fol- 
lowing-named Members and Delegates responded: 

ALABAMA. 



Hilary A. Herbert. 
William C. Gates. 
John H. Bankhead. 



William H. Gate. 
Clifton R. Breckinridge. 
Thomas C. McRae. 



William H. Forney. 
Joseph Wheeler. 
J. E. Cobb. 



ARKANSAS. 



William L. Terry. 
Samuel W. Peel. 



Eugene P. Loud. 



Lewis Sporry. 
Charles A. Russell. 



Stephen R. Mallory. 



Rufus E. Lester. 
Henry G. Turner. 
Charles P. Crisp. 
Leonidas F. Livingston. 
James H. Blouut, 



Abner Taylor. 
Lawrence E. McGatm. 
Allan C. Durborow, jr. 
A. J. Hopkins. 
Robert R. Hilt. 
Thomas J. Henderson. 
Lewis Steward. 
Herman W. Snow. 
Philip S. Post. 



John L. Bret?.. 
Jason B. Brown. 
William S. Holman. 
George V/. Cooper. 
Henry U. Johnson. 
William D. Bynum. 

John J. Seerley. 
Walter I. Hayes. 
David B. Henderson. 
Walt H. Butler. 

Case Broderick. 
Benjamin H. Clover. 
John G. Otis. 



CALIFORNIA. 

William W. Bowers. 
CONNECTICUT. 

Robert E. Do Forest. 



FLORIDA. 



Robert Bullock. 



GEORGIA. 



R. William Everett. 
Thomas G. Lawson. 
Thomas E. Winn. 
Thomas E. Watson. 



IDAHO. 

Willis Sweet. 

ILLINOIS. 



Scott Wike. 
William M. Springer. 
Owen Scott. 
Samuel T. Bnsev. 
George W. Fithian. 
Edward Lane. 
William S. Forman. 
James E. Williams. 
George W. Smith. 



INDIANA. 



Elijah V. Brookshlre. 
David H. Patton. 
Augustus N. Martin. 
Charles A. O. McClellan. 
Benjamin P. Shlvely. 



IOWA. 



Frederick E. White. 
Thomas Bowman. 
Jonathan P. Dolliver. 
George D. Perkins. 



KANSAS. 



William J. Stone. 
William T. Ellis. 
Asher G. Canuh. 

Matthew D. Lagan. 

Thomas B. Reed. 
Nelson Dingley, jr. 

Herman Stump. 
Harry Welles Rusk, 
laidor Rayner. 



John Davis. 
William Baker. 
Jerry Simpson. 

KENTUCKY. 

Worth W. Diclterson. 
William C. P. Breckinridge. 
Joseph M. Kendall. 

LOUISIANA. 

Newton C. Blanchard. 
MAINE. 

Charles A. Boutelle. 

MAR'XX.AND. 

Barnes Compton. 
WilUam M. McKalg. 



1892. 



CONGEESSIONAL RECORD— SENATE. 



17 



service upon the Committee to Audit and Control the Contingent 
Expenses of the Senate, and the Senator from North Carolina 
[Mr. Vance] will be appointed in his place. 

BILLS INTRODUCED. 

Mr. BUTLER introduced a bill (S. 3500) to amend an act en- 
titled "An act to credit and pay to the several States and Terri- 
tories, and the District of Columbia, all moneys collected under 
the direct tax levied by the act of Congress approved August 
5, 1861," approved March 2, 1891; which was read twice by its 
title, and, with the accompanying papers, referred to the Com- 
mittee on Finance. 

Mr. SHERMAN introduced a bill (S. 3501) granting an increa-re 
of pension to Mary A. L. Eastman; which was read twice by its 
title, and, with the accompanying papers, referred to the Com- 
mittee on Pensions. 

He also introduced a bill {S. 3502) granting a pension to Frank 
Rabiska; which was read twice by its title, and, with the ac- 
companying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 3503) granting a pension to Chris- 
tina Vogt; which was read twice by its title, and, with the ac- 
companying jjapers, referred to the Committee on Pensions. 

Mr. BATE introduced a bill (S. 3504) to repeal all statutes re- 
lating to supervisors of elections and special deputies; which 
was read twice by its title. 

Mr. BATE. I ask that the bill lie on the table for the present. 

The PRESIDING OFFICER (Mr. Harris in the chair). The 
bill will lie on the table. 

Mr. PADDOCK introduced a bill (S. 3505) to remove the 
charge of desertion from the militai\v record of George Miller; 
which was read twice by its title, and, with the accompanying 
papers, referred to the Committee on Military Affairs. 

He also introduced a bill (S. 3506) for the relief of John Pal- 
mier, Pine Ridge, Shannon County, S. Dak.; which was read 
twice by its title, and referred to the Committee on Military Af- 
fairs. 

He also introduced a bill (S. 3507) for the relief of George H. 
Jewett, of Arlington, Washington County, Nebr.; which was 
read twice by its title, and referred to the Committee on Mili- 
tary Affairs. 

Mr. HUNTON introduced a bill (S. 3508) to incorporate the 
Washington and Marlboro Electric Railway Company of the Dis- 
trict of Columbia; which was read twice by its title, and referred 
to the Committee on the District of Columbia. 

He also introduced a bill (S. 3509) for the relief of the heirs of 
the late Mrs. Mary Ann Randolph Custis Lee, of Fairfax County, 
Va.: which was read twica by its title, and referred to the Com- 
mittee on Claims. 

Mr. FRYE introduced a bill (S. 3510) to amend section 4347 of 
the Revised Statutes of the United States; which was read twice 
by its title, and referred to the Committee on Commerce. 

He also introduced a bill (S. 3511) granting a pension to Mrs. 
Annie A. Townsend; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

He also introduced a bill (S. 3512) to provide communication 
from light-ships and outlaying light-houses to the shore; which 
was read twice by its title, and, with the accompanying paper, 
referred to the Committee on Commerce. 

Mr. CHANDLER introduced a bill (S. 3513) for the suspension 
of immigration for one year; which was i-ead twice by its title, 
and referred to the Committee on Immigration. 

Mr. CHANDLER. I move that 2,000 copies of the bill just 
introduced be printed for the use of the Senate. 

The motion was agreed to. 

Mr. PEPPER introduced a bill (S. 3514) to prohibit the col- 
lection of special liquor taxes from persons other than those 
who are duly authorized by State laws to traffic in intoxicating 
liquors; which was i-ead twice by its title, and referred to the 
Committee on Finance. 

He also introduced a bill (S. 3.515) for the relief of Charles 
Williamson, late assistant surgeon, Twelfth Kansas State Militia; 
which was read twice by its title, and referred to the Committee 
on Pensions. 

He also (by request) introduced a bill (S. 3510) to fix the rank 
of officers and enlisted men of the Army of the United States I'e- 
tiring after long and faithful service; which was read twice by 
its title, and referred to the Committee on Military Affairs. 

Mr. CULLOM introduced a bill (S. 3517) for the relief of 
Augustus G. Kellogg; which was read twice by its title, and re- 
ferred to the Committee on Naval Affairs. 

He also introduced a bill (S. 3518) granting to Ira Bacon, of 
Comnany A, Fifty-second Regiment Indiana Volunteers, an 
additional bounty of $100; which was read twice by its title, and, 
with the accompanying paper, referred to the Committee on 
Military Affairs. 

Mr. CALL introduced a bill (S. 3510) for the construction of a 



breakwater and harbor of refuge at or near Cape Canaveral, 
State of Florida; which was read twice by its title, and referred 
to the Committee on Commerce. 

Mr. MITCHELL introduced a bill (S. 3520) for the relief of 
Jason Wheeler, late United States Indian agent at Warm Springs 
Agency, Oregon; which was read twice by its title, and referred 
to the Committee on Claims. 

Mr. SHERMAN (by request) introduced a bill (S. 3521) to 
amend the charter of the Eckington and Soldiers' Homo l^ail- 
way Company, of the District of Columbia; which was read twice 
by its title, and referred to the Committeo on the Districtof Co- 
lumbia. 

Mr. VEST introduced a bill (S. 3522) to create a bureau in the 
Department of Agriculture for the giving public information of 
the production and shipping of live stock; which was road twice 
by its title, and referred to the Select Committee on the Trans- 
portation and Sale of Meat Products. 

Mr. HALE introduced a bill (S. 3523) to further increase the 
Naval Establishment; which was read twice by its title, and re- 
ferred to the Committee on Naval Affairs. 

Mr. KYLE introduced a joint resolution (S. R. IIG) extending 
tho powers of the United States Government Exhibit Board; 
which was read twice by its title, and i-eferred to the Committee 
on Education and Labor. 

Mr. VEST introduced a joint resolution (S. R. 117) authoriz- 
ing the appointment of a commission to treat with tho five civ- 
ilized tribes of the Indian Territory with a view of making 
agreements to induce them to take homesteads in severalty; 
which was read twice by its title. 

Mr. VEST. I ask that the joint resolution lie on the table. 
I shall call it up to-morrow or on a subsequent day. 

The PRESIDING OFFICER. The joint resolution will lie 
on the table. 

Mr. COCKRELL introduced a joint resolution (S. R. 118) to 
print tho fifteenth number of the Statistical Abstract of the 
United States for the year 1892; which was read twice bv its 
title. 

Mr. COCKRELL. I ask that tho joint resolution bo printed 
and referred to the Committee on Printing, and I hope the com- 
mittee will take prompt action in reporting it back. 

The PRESIDING OFFICER. The joint resolution will be so 
referred. 

WITHDRAWAL OF PAPERS. 

On motion of Mr. SHERMAN it was 

Ordered, That James Petty be allowed to withdraw his papers from the 
flies of the Senate. 

Mr. SHERMAN. If there are no further bills to be intro- 
duced 

Mr. COCKRELL. I should like to offer a resolution. 

Mr. PEFFER. And I. 

Mr. SHERMAN. I withhold the motion, but I wish to movo 
an executive session as soon as the morning business is concluded. 

CIVIL SERVICE COMMISSION REPORT. 

Mr. COCKRELL submitted the following concurrent resolu- 
tion; which was referred to the Committee on Printing: 

Jiesolved by the Senate {the House of Jiepresentafives concurringi. That 23.000 
copies of the ninth amiual report of the United StatesCivll Service Commis- 
sion with appendices he printed, of which 1,000 copies sh.all be for the use of 
the Senate, 2.000 copies for the use of the House of Representatives, and 
20,000 copies for the use of the United States Civil Service Commission. 

COMPENSATION OP LETTER-CAERIEKS. 

Mr. HOAR submitted the following resolution; which was con- 
sidered by unanimous consent, and agreed to: 

Resolced, That the Postmaster-General be directed to Inform the Senat« of 
the facts, so far as known to his Department, artectlncr the claim of letter-car- 
riers In cities which contain a population of ".i,000 inhabitants to a larger 
compensation than they have received under tho act of January :t, 1SS7. sec- 
tion 2; and. If In his opinion such letter-carriers are legally or in .tnsllce en- 
titled to a compensation larger than they have received, to communicate to 
the Senate an estimate of tho amount which w-ill be necessary tor the purpose. 

KILLING OP PRANK RILEY. 

Mr. MITCHELL submitted the following resolution; which 
was referred to the Committee on Foreign Relations, and or- 
dered to be printed; 

Resolved. That the President he and he hereby is requested. If not incom- 
patible with the public interests, to transmit to the Senate. at his earliest. 
convenience, copies of all correspondence on ale in the Department of State, 
If any, relating to the alleged killing of Frank Riley, an American sailor of 
the United States steamship Newark, in Genoa, Italy, In August or Septem- 
her last. 

RAILROAD INTERESTS. 

Mr. PEFFER submitted the following resolution; which was 
ordered to lie on the table and be printed; 

Resolved by the Senate. That theCommlttee on Interstate Commerce be. and 
it Is hereby. Instructed to inquire and report as follows: 

First. What is the separate and what the aggregate capitalization of the 
railroad corporations of the United States which are engaged lu interstate 
commerce? 



XXIV- 



18 



OONGEESSIONAL EECORD— SENATE. 



Decembee 6, 



Secona. Wliat was the actual original cost of construcllug and equipping 

Third. What Is the present value of the roads; that is, what would be the 
cost of building and stocldne roads as good as they and on the same lines at 
the present value ot materials and labor? 

Fourth. What is the average number ot salaried officers employed and 
paid by the several railroad companies; what is the total amotmt ot money 
paid such offlcers annually as salaries; what is the average yearly wages 
paiil locomotive engineers, firemeu. and passenger conductors, and what is 
the average daily or monthly wages paid all other employes? 

FiJih. What has been the general effect of the operation of the interstate- 
commerce law on the business, and the net earnings of the roads; has the 
cost of transportation been reduced; has the reduction, if any, been on 
through trafflo or on local traffic; has the effect been tiniform throughout 
the country? 

Sixth. What has been the aggregate annual gross earnings and the aggre- 
gate net earnings of the roads during the last five years? 

Seventh. What has been the average cost of moving passengers and freight 
on said roads during the last live years, computing by distance and weight? 

Eighth. What is the actual and the relative cost of moving passengers and 
freight in different parts of the country, indicating the sections where such 
differences exist? 

Ninth. Basing the estimate on the traffic of the last five years, and allow- 
ing au annual interest rate of 5 per cent on the actual present value of the 
roads, what would be equitable charges for caiTying passengers and freight 
in the United States, said charges to be the same on all the roads? 

Tenth. Would it be practicable to consolidate the interstate railroad bttsi- 
nessso as to establish and maintain imiform charges for carriage in allparts 
of the country and to fairly settle at one place all just differentials? 

The committee will report as early as practicable. It may act by subcom- 
mittee of two or more of its members, may sit during sessions of the Senate, 
and it it bo found that any part of the inlormation asked for by this resolu- 
tion can not bo procured without the ttse ot money specially appropriated 
the committee will report that fact to the Senate, setting out what can not 
be so i^rocured. 

gt*^.^ ^^ ADDITIONAL, SENATE EMPLOYE. 

Mr. Mc]\flLLAN submitted the following- resolution; which 
was referred to the Committee to Audit and Control the Con- 
tingent Expenses of the Senate: 

Besolved, That, until further ordered, the Sergeant-at-Arms is directed to 
employ one .attendant in ladies' retiring room, Senate wing of the Capitol, 
at the "rate ot $730 per annum, said employe to be paid from the miscellaneous 
items of the contingent fund of the Senate. 

CENSUS ENUMERATORS. 

Mr. VEST submitted the following resolution; which was 
read: 

Whereas it has been charged by the public press that ofHciab; ot the Gov- 
eniment employed in the Census Bureau of the Interior Department have 
been guilty of gross misconduct for partisan purposes, and especially that 
the enumerators appointed to make the enrollment of population for the 
census of 1890 in the State ot Missouri and elsewhere, did, under instruc- 
tions from certain ofHcers of the Bureau, make at the same time lists of 
voters for partisan use; 

And also, that certain clerks and accountants employed in said Bureau 
were sent to the State of New York during the recent canvass to jierform 
partisan service while drawing pay from the Government: Therefore, 

Sesolved, That the Committee on the Census is directed to investigate said 
chai'ges, and to report by bill orotherwise; that said committee have x>ower 
to send for persons and papers, and to employ a stenographer, the expenses 
to be paid out of the contingent fund of the Senate. 

The PRESIDING OFFICER. Does the Senator from Mis- 
souri ask for the present consideration of the resolution? 

Mr. HALE. Let it lie over for a day or two. I wish to ex- 
amine it. 

The PRESIDING OFFICER. The resolution will go over un- 
der the rule. 

Ml'. VEST. As a matter of course there is no objection to 
that course. However, I hope the Senator from Maine will per- 
mit me to say a few words before the resolution goes over. 

Mr. HALE. Certainly: I withdraw the request for the pres- 
ent. 

Mr. VEST. Mr. President, I am not in the habit of offering 
sensational resolutions or submitting resolutions to the Senate 
without what I consider absolutely sufficient proof for the alle- 
gations contained in them. I have no disposition to rake tip the 
debris of the late canvass for any purpose whatever; but during 
that canvass in my own State it was publicly charged and very 
genei'ally believed by a majority ot the people of the State that 
the Census Bureau had bean used in tSOO for political purposes 
and that the result of that use had been made evident in the can- 
vass of 1892. It was stated in the public press, and I hold in my 
band one of these statements, over the name of Mr. Isaac Isaacs, 
the secretary of the Republiean League of Missouri, that the 
enumerators in the different townships of the State in 1890 had 
been instructed by the chief enumerator of the State of Missouri, 
with the knowledge and consent of the Census Bureau, to make 
a political poll of the State for partisan purposes. 

Without reading this statement at length, I will ask that it be 
made a portion of my remarks, for it is the basis of them. 

The statement referred to is as follows: 

The charges are made by Mr. Isaac Isaacs, of Kansas City, ex-secretary of 
the Missoiu'i State League of Republican Clubs, and he states that he 'has 
ample documentary evidence of their truth. Mr. Isaacs left for Kansas City 
last night, but before his departure he furnished a Republic reporter with 
information that indicates that the census of 1890 was made the occasion 
both of booming Major Warner for the position to which he now aspires and 
lor ascertaining the exact strength of the Administration in this State. 
That the census enumeration was put to a similar use in other States also 
appears probable from Mr. Isaacs's statement. 



The use ot the census for political purposes constitutes a serious offense 
against the civil-service act. Although the statements of Mr. Isaacs, which 
refer to what occurred in 1890, may appear to be ancient, they deal with mat- 
ters which have never before come to light, and which are of peculiar Im- 
port anco at the present time, when their effect is felt in both the State and 
national campaign. 

A CONFERENCE. 

Chief Census Enumerator Brock was appointed In 1890. According to Mr. 
Isaacs, he was summoned shortly afterward to a conference at Washington 
with Maj. William Warner and Gen. John W. Noble. "Exactly what oc- 
curred at that conference," said Mr. Isaacs last night, "Is of course known to 
the three gentlemen alone, but a gi-eat deal can be imagined from subsequent 
developments. It is evident that Maj. Warner had already been decided 
upon by the Administration as standard-bearer in Missouri, and that his 
nomination for governor was recognized even then as a necessity. It is also 
apparent that the Administratiou was somewhat tearful of the situation in 
this State, and probably in others as well, for it is almost certain that the 
same tactics were pursued in other States as were subsequently made use of 
here as a result of the conference. 

That those matters were discussed may be accepted as a fact. At any rate, 
it v,'as decided at that conference that Brock should instruct his census enu- 
merators here to maUe a thorough poll of the State while they were at work 
on the census returns. These enumerators were appointed by the postmas- 
ters in the State. These appointments were, of course, made under the civil- 
service act, and the polling of the State, being a political matter, was of 
coiu'se an offense against that act. To avoid the risk of refusal on the part 
of the enumerators to commit the crime, the postmasters were Instructed 
to appoint only such as would have no scruples, and the scheme worked to 
perfection. Incidentally, I may state that the returns from the polling showed 
45,000 doubtful Republicans in the State and 15,000 doubtful Democrata. 

DOCnMENTAEY EVIDENCE. 

"These men were fui'nished by Mr. Brock with regulation poll books. In 
which each man's name was put do\\-n. with his political faith directly opiw- 
slte it. These poll-books were returned with the census blanks, and I am now 
in possession of several of them. I also have letters from Washington, di- 
rected to the chairman ot the county committees of the State, informing 
them of what had been done and directing them what course to pursue in 
the premises- The letters I secured from the chairman of the Randolph 
County committee at Moberly, Mo. , and the books and additional information 
from prominent attaches of the Interior Department. 

" To make the offense even more grave," continued Mr. Isaacs. " these same 
census enumerators were instructed by Mr. Brock, through the postmasters, 
to let all Federal officeholders know that under no circumstances were they 
to allow the election at the primaries ot any delegates to the State Repub- 
lican convention, when they shordd be held, who were not enthusiastic for 
Maj. Warner. This was duly conveyed to every deputy marshal and offlce- 
hokler in the Stale by the enumerators, and the result was the nomination 
of Maj. Warner and the defeat of the Filley forces. The effect of course was 
not so much felt in the large cities, where every Republican took an interest 
in the prim.arles, and Mi'. Filley, you recollect, carried St. Louis. But in the 
smaller towns, where the primaries were left to be run by the ix>stmasters, 
United States marshals, and the rest of the Federal employes, the end de- 
sired was easily accomplished. The result was that there were 235 Federal 
officeholders in the convention, all following instructions to defeat Filley and 
elect Warner at any cost. 

" The Warner taction is now administering sugar-coated pills to Mr. Fil- 
ley. but with what result will be seen at the coming elections." 

Mr. Isaacs stated that he was prepared to submit the proof of his asser- 
tions at any time that he might be called upon, having documentary evi- 
dence right at hand. " They do not dare to deny their truth, though," said 
he. ■■ because they are aware that the facts have been Itnown to numerous 
people for the past two years." 

Mr. Isaacs, in this statement, which was the result of a disa- 
greement between himself and the authorities of the Repub- 
lican party represented in the Republican league, stated emphat- 
ically and distinctly that he could produce the record proof of 
his statement that the enumerators engaged in taking' the cen- 
sus in Missouri had been used for the purpose of taking a poll 
of the voters in order to ascertain the strength of the respective 
parties in the State. 

It is well known that the Democrats of Missouri were very 
much astonished at the activity and aggressiveness which char- 
acterized the Republican party in the recent canvass. They had 
been in a moribund condition for nearly a quarter of a century,' 
but for some reason which we could not see they exhibited in 
this canvass, from the iDeginning to the end, an aggressiveue.ss 
which has l3een unparalleled in the history of that party in our 
State since 18(1.5. It has transpired now through these statements 
of Mr. Isaacs that the poll made by the enumerators in 1890 sat- 
isiied the Republican leaders, and especially the candidate of 
the Republican party for governor, that a g'reat change had 
taken place in the political sentiment of the people of my State, 
and that his party could succeed in tbe last canvass. 

I have here, furnished me by a Republican, a letter extremely 
significant in this connection, from the chairman of the Repub- 
lican county committee of one of the largest counties in the State, 
Macon County. As it is short I will read it, as indicating the 
entire trend and object of this movement: 

Macon. Mo., March 1, lS9o. 

DE.iB Sili: Yours to hand. In reply would say that I Inclose blank appli- 
catiou for Mr. Dinsmore to fill upand return toiiie here, so i can indorse his 
application. We are aware ot the importance of the Ardmore vote in our 
iif.Kt campaign, as on that we expect to overthrow the democracy in Macon 
County in our next campaign; and I want men for enumerators that are true 
blue, and we want them to make a poll of the count v. and to take the names 
of all young men who will vote three years hence. "Of coui'se this poll is in- 
dependent of the Government worli. 
I am truly vours. 

J. W. PATTON, 
Chairman County JieimbUcan Committee. 
Mr. W. E. MUKLIN, Ardmore, Mo. 

I applied at the Census Bureau to ascertain whether this gen- 
tleman, Mr. Dinsmore, had been appointed an enumerator. I 



1892. 



CONGRESSIONAL RECORD— SENATE. 



25 



bian Exposition grounds; to restrict immigration by consular 
examinations, and to submit the proposed sixteenth amendment 
forbidding State Legislatures to unite state and church; which 
were referred to the Committee on Immigration. 

He also presented the petition of W. Spratt Scott, of Clare- 
more, Ind. T., praving that all future payments be made direct 
to the Cherokee people by and under the supervision of the In- 
terior Department; which was referred to the Committee on In- 
dian Affairs. _, ., , 

Mr. CULLO.M presented a petition of the Journeymen Tailors 
Union of Decatur, 111., praying for the passage of House bill 85.3o, 
limiting the free entry of wearing apparel of foreign manufac- 
ture; which was referred to the Committee on Finance. 
REPORTS OP COMMITTEES. 

Mr. CAMERON, from the Committee on Military Affairs, to 
whom was referred the bill (S. 2739) for the relief of James Petty, 
submitted a report thereon, which was ordered to be printed, 
and asked to be discharged from its further consideration, and 
that it be referred to the Committee on Pensions; which was 
agreed to. 

Mr. PEFFER, from the Committee on Claims, to whom was 
referred the bill (S. 1447) for the relief of Secor & Co., Ferine, 
Secor & Co., and the executors of Zeno Secor, submitted an ad- 
verse report thereon; which was ordered to bo printed. 

The VICE-PRESIDENT. The bill will be indefinitely post- 
poned if there be no objection. 

Mr. GALLINGER. I ask that the bill be placed upon the 
Calendar with the adverse report of the committee. 

The VICE-PRESIDENT. It will be so ordered, in the ab- 
sence of objection. 

Mr. MITCHELL, from the Committee on Claims, to whom was 
referred the bill (S. 1421) for the relief of Lewis D. Allen, sub- 
mitted an adverse report thereon; which was ordered to be 
printed. 

The VICE-PRESIDENT. The bill will b3 indefinitely post- 
poned, if there be no objection. 

Mr. COCKRELL. I ask that the bill may go on the Calendar 
until I can see the report. I am not familiar with the case, and 
I wish to look at it b.-for .> it is disposed of. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar with the adverse report of the committee. 

ADDITIONAL SENATE EMPLOY^:. 

Mr. PADDOCK. I am directed by the Committee to Audit and 
Control the Contingent Expenses of the Senate, to whom was re- 
ferred the resolution submitted yesterday by the Senator from 
Michigan [Mr. McMillan], to report it favorably, and I ask 
for its immediate consideration. 

The Senate, by unanimous consent, proceeded to consider the 
resolution, which was read, as follows: 

Besoli-ed, That, uutil further ordered, the Sergeant-at-Arms is dh-ected to 
employ one attendant in ladies' retiring room, Senate wing of the Capitol, 
at the rate of $730 per annum, said employfi to be paid from the miscellane- 
ous items of the contiugeut fund of the Senate. 

Mr. VEST. Does the resolution come from a committee? 

The VICE-PRESIDENT. It comes from the Committee to 
Audit and Control the Contingent Expenses of the Senate. 

Mr. PADDOCK. The resolution is reported by me from the 
Committee to Audit and Control the Contingent Expenses of the 
Senate. It is not a new employment; it does not involve a new 
appointment; it is simply the continuance of the service which 
was performed during the last session by a colored attendant in 
the ladies' retiring room below. 

The resolution was agreed to. 

BILLS INTRODUCED. 

Mr. BLACKBURN introduced a bill (S. 3524) to incorporate 
the East End Electric Railway Company of the District of Co- 
lumbia; which was read twice by its title, and referred to the 
Committee on the District of Columbia. 

Mr. HARRIS introduced a bill (S. .3525) to authorize the con- 
struction of bridges across the Hiwassee,the Tennessee, and the 
Clinch rivers, in the State of Tennessee; which was read twice 
by its title, and referred to th^ Committee on Commerce. 

Mr. PADDOCK introduced the following bills; which were 
severally read twice by their titles, and referred to the Commit- 
tee on Pensions; 

A bill (S. 3')2<)) granting an increaseof pension to Benjamin F. 
Chambers; 

A bill (S. 3527) granting an increaseof pension to Winfield S. 
Smith: and 

A bill iS. 3528) granting a pension to John D. Keller. 

Mr. STOCKBKIDGE introduced a bill (S. 3529) for the relief 
of William H. Hugo; which was read twice by its title, and re- 
ferred to the Committee on Military Affairs. 

Mr. MCMILLAN introduced a bill (S. 3530) to create aboard 
of charities for the District of Columbia; which was read twice 



by its title, and referred to the Committee on the District of Co- 
lumbia. 

He also introduced a bill (S. 3.531) to amend the charter of the 
Brightwood Railway Company: whicli was read twice by its title, 
and referred to the Committee on the District of Columbia.^ ' 

Mr. MANDERSOJSr introduced a bill (S. 3532) to restore totte 
pension roll the name of Eliza Ferguson, formerly widow of Hans 
Ferguson, Company I, Thirty-third Iowa Infantry Volunteers; 
which was read twice by its title, and, with the accompanying 
papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 3533) to amend sections 448S and 
4489, Revised Statutes, for the greater safety to navigation; 
which was read twice by its title, and referred to the Committee 
on Commerce. 

Mr. HILL introduced a bill (S. 3534) to repeal the act of July 
14, l.'-'tHI, entitled "An actdirooting the pvirchase of silver bullion 
and theissuoof Treasury notes thereon, and for other purposes;" 
which was read twice by its title, and referred to the Committee 
on Finance. 

Mr. VILAS introduced a bill (S. 3535) for the relief of Caroline 
Borchers, widow of .lohn Frederick Borchers; which was read 
twice by its title, and, with the accompanying paper, referred 
to the Committee on Pensions. 

Mr. DOLPH introduced a bill (S. 353(1) for the relief of Lorenzo 
Wyett Mulvany; which was read twice by its title, and referred 
to the Committee on Pensions. 

He also introduced a bill (S. 3.537) for the relief of M. P. Deady ; 
which was read twice by its title, and referred to the Committee 
on the Judiciary. 

Mr. PEKKINS introduced the followiug bills: which were 
severally read twic; by their tUles, and referred to the Commit- 
tee on Pensions: 

A bill (S. 3.538) granting a pension to Mrs. Hannah Kessenger; 

A bill (S. 3539) granting a pension to Nancy C. Taylor: 

A bill (S. 3540) granting a pension to Mattie M. Kersey; 

A bill (S. 3541) granting a pension to Henry Synnamon: 

A bill (S. 3542) granting a pension to Charlotte Ross; 

A bill (S. 3543) granting a pension to .Tames Bemis; 

A bill (S.3544) granting a pension to Jesse L. Knight; 

Abill(S, ,3545) granting an increase of pension to .John Maloney; 

A bill (S. 3546) granting an increase of pension to Levi W. 
Dikeman; and 

A bill (S. 3547) granting an increase of pension to James Gau- 
ley. 

Mr. PERKINS introduced the following bills; which were sev- 
erally read twice by their titles, and referred to the Committee 
on Military Affairs: 

A bill ( S. 3548) granting an honorable discharge to C. Fred- 
erickson: 

A bill (S. 3549) granting an honorable discharge to Henry B. 
Rizzer; and 

A bill (S. 3550) granting an honorable discharge to St. Clair 
Watts. 

Mr. CAMERON introduced a bill (S. 3551) granting a pension 
to L. H. Frink; which was read twice by its title, and, with the 
accompanying papers, referred to the Committee on Pension.-!. 

Mr, GALLINGER introduced a bill (S. 3552) to remove the 
charge of desertion from the military record of George J. Barnes; 
which was read twice by its title, and referred to the Committee 
on Military Affairs. 

AMENDMENT TO A BILL. 

Mr. FELTON submitted an amendment intended to be pro- 
posed by him to the bill (S. 3378) to finally adjust and settle the 
claims of Arkansas and other States under the swamp-land 
grants, and for other purposes; which was ordered to bo printed 
and lie on the table, 

JAMES F. SIMMONS. 

Mr. CALL. I submit a resolution and ask for its immediate 
consideration. 

The resolution was read, as follows: 

Resolved, That the Committee on the ,7udiciary be, and they are hereby, 
instructed to inquire and report to the .Senate the tacts In relation to the 
trial, conviction, and .sentence of James F. Simmons in the circuit court of 
the southern district of New York, under an iudii'tment for a con.splracy to 
wreck the Sixth National Bank of New York City, and further to report by 
bill or otherwise whether anv legislation, aud, if .-.o, what, is necessary to 
prevent the punishment of inuocciu persons wrongfully accused of crime In 
the courts of the United States, and that the committee have the authority 
to send for persons and papers and to have the record of the case printed for 
the use of the committee and the Senate. 

Mr, PLATT. I ask that the resolution lie over. 

The VICE-PRESIDENT. The resolution will go over and to 
printed. 

Mr. HOAR subsequently said; The Senator from Florida [.Mr. 
Call] introduced a resolution providing for an investigation by 
Ui£jIluU(rtP^|Bpommittce, and the resolution was laid over at the 
Tequestof the Senator from Connecticut [Mr. Platt]. I ask the 



26 



CONGEESSIONAL RECORD— SENATE. 



December 7, 



unanimous consent of the Senate that the resolution be referred 
to the Committee on the Judiciary. The Senator from Florida 
can state to the committee the grounds ui^on which he desires 
to have the investig-ation ordered. 

The VICE-PRESIDENT. Is there objection to the request of 
the Senator from MassachusettsV The Chair hears none, and 
the resolution is so referred. 

CENSUS ENTIMERATOHS. 

The VICE-PRESIDENT. The Chair lays before the Senate 
a resolution coming over from a previous day, which will bo 
read . 

The Chief Clerk proceeded to read the resolution submitted yes- 
terday by Mr. VEST, providing for the investigation of alleged 
partisan work by census enumerators. 

Mv. HALE. There is no necessity to read the resolution again. 
I suggest to the Senator from Missouri that if an investigatiim 
takes place and any money is spent, under the rules the resolu- 
tion must be reported by the Committee on Contingent Expenses. 
Let it go thei-e, and let that committee report it back. 

Mr. VEST. The resolution must go, under the rules, to the 
Committee to Audit and Control the Contingent Expenses of 
the Senate. 

The VICE-PRESIDENT. The resolution will be so referred, 
in the absence of objection. 

RAILROAD INTERESTS. 

Mr. PEFFER. A resolution submitted yesterday by myself, 
prof.osing a certain investigation by the Committee on Inter- 
state Commerce, I suppose will properly come up this morning. 

The VICE-PRESIDENT. The resolution lies on the Uble, 
and can be called up. 

I\Ir. PEFFER. I ask that it be taken from the table and con- 
sidered. 

The VICE-PRESIDENT. The resolution will bo read. 

The Secretary read the resolution submitted yesterday by Mr. 
Peffer, as follows: 

I! f solved by the Senate, Tliat tlie Committe9 on Interstate Commerce be, and 
It is hereby, instructed to inquire and report as follows : 

First. Wliat is the separate and wliat tlie aggregate capitalization of the 
railroad corporations of the United States which are engaged In interstate 
commerce? 

Second. What was the actual original cost of constructing and equipping 
Bald roads' 

Third. What is the present value of the roads; that is, what would be the 
cost of building and stocldng roads as good as they and on the same lines at 
the present value of materials and labor? 

Fourth. What is the average number of salaried officers employed and 
paid by the several railroad companies ; what is the total amount of money 
paid such officers auniially as salaries; what is the average yearly wages 
paid locomotive engineer.?, firemen, and passenger conductors, and what is 
the average daily or monthly wages paid all other employes? 

Fifth. What has been the general effect of the operation of the interstate- 
commerce law on the bu.sine.ss, and the net eai-nings of the ro.ids: has the 
cost of transportation been redaced; has the reduction, if any, been on 
through traffic or on local tratflc; has the effect been uniform throughout 
the country? 

Sixth. What has been the aggregate annual gross earnings and the aggre- 
gate net earnings of the roads during the last Ave years? 

Seventh. What has been the average cost of moving passengers and freight 
on said roads during the last five years, computing by distance and weight? 

Eic;hth. What is the actual and the relative costof moving passengers and 
freight In diJterent parts of the country, indicating the sections where such 
differences exist? 

Ninth. Basing the estimate on the traffic of the last Ave years, and allow- 
ing an annual interest rate of 5 per cent on the actual present value of the 
roads, what would be equitable charges for carrj'ing passengers and freight 
in the United States, said charges to be the same on all the roaxls? 

Teuth. Would it be practicable to cmisolidate the interstate-railroad busi- 
ness so as to establish and maintain uniform charges for carriage in all parts 
of the country and to fairly settle at one place all just differentials? 

The committee will report as early as practicable. It may act by subcom- 
mittee of two or more of its members, may sit dm-ing sessions of the Senate, 
and if it be foimd that any part of the information asked for by this resolu- 
tion can not be procured without the use of money sijecially appropriated 
the committee will report that fact to the Senate, setting out what can not 
be so ijrocured. 

Mr. CULLOM. That is a pretty formidable resolution so far 
aa imposing labor is concerned, and I think probably much of 
the information desired could be procured without the necessity 
of r.-quiring the Committee on Interstate Commerce to take up 
the subject. I suggest to the distinguished Senator from Kan- 
sas that he allow the resolution, without adoption, to be referred 
to the Committee on Interstate Commerce, and that committee 
will take up the subject and see what ought to be done with it. 
If the resolution should be adopted, directing the Committee on 
Interstate Commerce to make the investigation now, it could not 
do anything else during the present session. I think much of 
the Information can be procured through the medium of the In- 
terstate Commerce Commission. If, however, the resolution is 
allowed to be referred to the Committee on Interstate Commerce, 
the committee will give it attention, and see what ought to be 
done in the premises, and report some time during the session, 
if that course is agreeable to the Senator from Kansas. 

Mr. PEFFER. I have no objection to such a disposition of 
the resolution at this time, expecting, of course, that the Senator's 



statement that early and considerate action will be taken is sin- 
cerely made. 

Mr. CULLOM. I make the statement in perfect good faith, 
and with confidence that the committee will take up the subject 
and consider it carefully. 

Mr. PEFFER. Very well. 

The VICE-PRESIDENT. The resolution will be referred to 
the Committee on Interstate Commerce, if there be no objection. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had passed 
the following bills and joint resolution; in which it requested the 
concurrence of the Senate: 

A bill (H. R. 1038) granting a pension to Julia Hood; 
• A bill (H. R. 1283) to pension Harriet Woodbury, Windsor,Vt.; 

A bill (H. R. 1422) for the relief of George M. Henrv: 

A bill (H. R. 2128) granting a pension to .Tohn Pield.s: 

A bill (H. R. 2407) granting a pension to Samuel Luttrell; 

A bill (H. R. 2-193) granting a pension to Jesse Cleaveland: 

A bill (H. R. :3118) to pension .John S. Dunham: 

A bill (H. R. 3676) for the relief of R. L. Jennings, late post- 
master at Marshall, Tex.; 

A bill (H. R. 3845) to increase the pension of Edward R. Chap- 
man; 

A bill (H. R. 4366) granting a pension to Jacob Hall: 

A bill (H. R. 4804) to placo'the name of Sarah L. Van Nest on 
the pension list; 

A bill (H. R. 4955) granting a pension to Susannah Chad wick; 

A bill (H. R. .5022) for the relief of Lucy Sprotberry: 

A bill (H. R. 5509) to place the name of Mrs. E. M. Banister, 
an army nurse, on the pension rolls; 

A bill (H. R. 5705) to increase the pension of Amelia Graham; 

A bill (H. R. 60-30) gran ting a pension to French W. Thornhill; 

A bill (H. R. 6345) granting an honorable discharge to Fred- 
crick E. Kolter; 

A bill (H. R. 6508) granting a pension to Joseph Fortier; 

A bill (H. R. 6511) to pension Rebecca M. Youngblood; 

A bill (H. R. 6914) granting a pension to Drake Nettie Bar- 
nett; 

A bill (H. R. 6969) for the relief of Elisha Brown; 

A bill (H. R. 6970) to remove the charge of desertion from the 
record of Montgomery M. Tuttle; 

A bill (H. R. 7226) granting a pension to Julia P. Wright; 

A bill (H. R. 7257) granting a pension to Alonzo D. Barber: 

A bill (H. R. 7510) for the relief of Mrs. Mary A. Moorhead; 

A bill {H. R. 7662) granting apension to Marion Kern Sharman; 

A bill (H. R. 8017) granting a pension to Elizabeth Voss; 

A bill (H. R. 8106) for the correction of the army record of 
David R. Wallace, deceased; 

A bill (H. R.S221) granting a pension to Geo. W. Boyd; 

A bill (H. R. 8275) granting apension to Abraham B. Simmons, 
of Capt. Thomas Tripp's company, in Col. Brisbane's regiment 
South Carolina Volunteers, in the Florida Indian war; 

A bill {H.R.8409) granting a pension to Mary Danahay, mother 
of Daniel Danahay, late a private. Company H, Eighteenth New 
York Cavalry; 

A bill (H. R. 9011) to grant a pension to Ida A. Taylor: 

A bill (H. R. 9139) to pension Mrs. Eliza T. Palmatier; 

A bill (H. R. 9585) for the relief of Harriett E. Niles; and 

A joint resolution (H. Res. 157) providing for the calling of an 
international arbitration congress. 

DEATH OF REPRESENTATIVES WARWICK AND M'DONALD. 

The message also conveyed to the Senate the intelligence of 
the death of Hon. John G. Warwick, late a Representative from 
the State of Ohio, and Hon. Edward F. McDonald, late a Reij- 
resentative from the State of New Jersey. 

THE FIVE CIVILIZED TRIBES. 

The VICE-PRESIDENT. If there is no further morning busi- 
ness that order is closed and the Calendar is in order. 

Mr. VEST. I ask the Senate to take up the joint resolution I 
introduced yesterday in regard to the appointment of a commis- 
sion to treat with the five civilized tribes. 

There being no objection the Senate, as in Committee of the 
Whole, proceeded to consider the joint lesolution (S. R. 117) 
authorizing the appointment of a eummis-;ion to treat with the 
five civilized tribes of the Indian Territory with a view of mak- 
ing agreements to induce them to take homsst:ads in severalty. 

Mr. VEST. Mr. President, with the permission of the Senate 
I shall make a few remarks in regard to this joint resolution, 
and as I understand that other Senators desire to be heard upon 
it, I will not ask its reference until they have an opportunity of 
discussing- its merits. 

I am very well aware, Mr. President, that it is an almost her- 
culean task to change the existing order of things in what is 



1892.- 



CONGRESSIONAL EECOED— SENATE. 



45 



A memoi-ial of M. R. Bruce and other citizens of Georgia; 

A memorial of J. W. Gaston and other citizens of Gastonburg, 
Ala.; 

A memorial of J. W. Moore and other citizens of Selma, Ala.; 

A memorial of W. J. Hardmau and other citizens of Atlanta. 
Ca.: 

A memorial of H. Strickland, jr., and other citizens of Duluth, 

Ga.; 

A memorial of John B. Leech, jr., and other citizens of Mem- 
phis, Tenn.: and 

A memorial of the Norfolk and Portsmouth (Va.) Cotton Ex- 
change. 

The VICE-PRESIDENT rese nted a petition of the Chicago 
(111.) Women's Club pi-aying foi- the repeal of the provision of 
the souvenir appropriation bill which requires that the Exposi- 
tion be closed on Sunday: which was referred to the Committee 
on the Quadi-o-Centennial (Select). 

He also prssonted a petition of the Kearsarge Association of 
Naval Veterans of Boston, Mass., praying for the transfer of the 
Revenue Marine Service to the Navy: which was ordered to lie 
on the table. 

Mr. HOAR presented the petition of George W. Lowthor and 
oth>n- citizens of Roslon, Mas3., praying for the passage of legis- 
lation authorizing the management of the United States exhibit 
at the World's Columbian Exposition to collect and compile for 
publication facts and statistics relative to the development of the 
people of African descent from 18ii3 to 18!):5, such information to 
form a part of the published report of the United States Govern- 
ment at the Exposition: which was referred to the Committee 
on the QuadroCentjnnial I Select). 

He also presented the petiti m of Seth C. Gary and other citi- 
zens of Gardner, Mass., praying for the submission uf an amend- 
ment of the Constitution forbidding the enactment of any legis- 
lation by the Stat;s respecting an establishment of religion or 
making'an appropriation of money for any sectarian purpose; 
which was referred to the Committee on the .fudiciary. 

Mr. SHERMAN presented petitions of the Journeymen 
Tailors' unions of Toledo, Delaware, Youngstown, Springfield, 
and Steubenville, all in the State of Ohio, praying for the pas- 
sage of House bill 85:>5, limiting the free entry of wearing 
apparel of foreign manufacture; which were referred to the 
Committee on Finance. 

He also presented memorials of the Ministers' Union of 
Toledo, the "Congregational and Methodist Episcopal churches 
of Ruggles, of Bertha Wolf and 39 other citizens of Creston, 
and the Ministers' Association of Findlay. all in the State of 
Ohio, remonstrating against a repeal of the law closing the 
World's Columbian Exposition on Simday; which were referred 
to the Committee on the Quadro-Centennial (Select). 

Mr. VEST presented a petition of the Farmers and Laborers' 
Union of Cole County, Mo., praying for the passage of the Wash- 
burn-Hatch antioption bill; which wasordered to lie on the table. 
He also presented a petition of the Journeymen Tailors' Union 
of Kansas'City, Mo., praying for the passage of House bill SoSb, 
limiting the free entry of wearing apparel of foreign manufacture; 
which was referred to the Committee on Finance. 

Mr. CULLOM presented a petition of the Journeymen Tailors' 
Union of Monmouth, 111., and a petition of the Journeymen Tai- 
lors' Union of Quincy, 111., praying for the passage of House bill 
8.")35, limiting the free entry of wearing apparel of foreign man- 
ufacture: which were referred to the Committee on Finance. 

He also presented a memorial of the Protestant churches of 
Toulon, 111., remonstrating against a repeal of the law closing 
the World's Columbian Exposition on Sunday; which was re- 
ferred to the Committee on the Quadro-Centennial (Select). 

Mr. PADDOCK presented petitions of John Williams and 23 
other citizens of Madison County and of J. H. Blodgett and 24 
other citizens of Wayne County, in the State of Nebraska, pray- 
ing for the appointment of a Senate committee to investigate the 
combine formed to depreciate the price of grain, and now exist- 
ing between the elevators, millers, and railroads at Minneapolis, 
Minn., and St. Louis, Mo., and praying for the postponement of 
the Washburn-Hatch antioption bill until such committee shall 
report: which were referred to the Committee on Agriculture 
and Forestry. 

Mr. WILSON presented a petition of the Methodist, Baptist, 
and United Presbyterian Churches of Monroe, Iowa, praying for 
the passage of the antioption bill, for the passage of an act pro- 
hibiting the sale of intoxicating liquors at the World's Cohun- 
bian Exposition, for the passage of an act restricting immigra- 
tion, and for the submission to the people of an amendment to 
the Constitution forbidding State legislation to unite church and 
state: which was referred to the Committee on the Quadro-Cen- 
tennial (Select). 

He also presented a memorial of the United and Reform 
Presbyterian Churches of Morning Sun, Iowa, remonstrating 



against the opening of the World's Columbian Exposition on 
Sunday; which was referred to the Committee on the Quadro- 
Centennial (Select). 

He also presented a petition of the .lom-neymen Tailors' Union 
of Cedar Rapids, Iowa, praying for the passage of House bill 
8535, limiting the free entry of wearing ajjparel of foreign manu- 
facture; which was referred to the Committee on Finance, 

Mr. BUTLER presented memorials of 2ii citizens of Allendale, 
S. C, and of the Norfolk and Po:'tsniouth (Va.) Cotton Exchange, 
remonstrating against the paijsa;,e of the Washburn-Hatch anti- 
option bill: which were ordered to lie on the table. 

Mr. PEFFEK presented the petition of J. Y. Barns and 75 
other citizens of McPherson County, and the petition of W. M, 
Tyler and 18 other citizens of Reno County, all in the St ite of 
Kansas, praying for the appointment of a Senate conpmittoe to 
investigate the combine form.-d to depreciate the price of grain 
nov.^ existing bi-tweon the elevators, millers, and railroads at 
Minneapolis, Minn., and St. Louis, Mo., and praying forthepcst- 
ponement of the Washburn-Hatsh antioption bill until such com- 
mit te shall report; which were referred to the Committee on 
Agriculture and Forestry. 

Mr. WALTHALL pres?nt3d a petition of the Journeymen 
Tailors' Union of Vieksburg, Miss., praying for the passage of 
House bill 8535, limiting the free entry of wearing app:irel of for- 
eign manufacture: which was referred to the Committee on Fi- 
nance. 

Mr. GALLINGER. I present the petition of George Hill, 
jr., and 35 other citizens and business firms of Georgetown, D. 
C. praying for relief from what they claim to be encroachments 
upon their rights on the part of the Washington and George- 
town Railroad Company. ' These citizens claim that they have 
appealed to the officers of the road, who store their car.-i on the 
narrow business street of Georgetown, and have been told it they 
do not like it they can move away: that they have applied to the 
police and have been refused relief; that they have applied to the 
District Commissioners aad have been referred to the District 
attorney: that they have applied to the District attorney and he 
refers them to the courts and says the coarts are open to them. 
Their appeal is a very earnest one. I know some of these gen- 
tlemen. I believe they are sulTering an indignity which ought 
to be removed. I move thatf the petition be printed as a docu- 
ment and referred to the Committee on the District of Columbia. 

The motion was agreed to. 

Mr. QUAY presented a memorial of the Ministers' Association 
of Myersdale, Berlin, and Salisb;n-y. in the State of Pennsyl- 
vaiia, remonstrating against the opening of the World's Colum- 
bian Exposition on Sunday: which was referred to the Commit- 
tee on the Quadro-Centennial (Select). 

He also presented a petition of 20 citizens of Blossbu'-g, Pa., 
and a petition of 182 citizens of Union City, Pa., praying tor the 
passage o.' a law prohibiting the manufacture, importation, and 
sale of cigarettes; which were referred to the Committee on Ep- 
idemic Diseases. 

Mr. McMillan presented a petition of citizens of D'troit, 
Mich., praying for the enactment of legislation to restrict oc 
prohibit irnraigration: which was referred to the Committee on 
Immigration. 

MISSISSIPPI RIVER BRIDGE .VBOVE NEW ORLE.VNS. 

Mr. VEST. I am instructed by the Committee on Commerce, 
to whom was referred the bill (S. 2345) to authorize the construc- 
tion of a bridge across the Mississippi River at New Orleans, to 
report it back with amendments. I am also instructed by the 
committee to ask for the immediate consideration of the bill, for 
the reason that it is exceedingly important that it should be con- 
sidered bv the Senate and sent to the other House. 

Mr. HARRIS. Let the bill be read at length, subject to ob- 
jection. 

The Chief Clerk read the bill, and, there being no objection, 
the Senate, as in Committee of the Whole, proceeded to its con- 
sideration. 

The VICE-PRESIDENT. The amendments of the Committee 
on Commerce will be stated in their order. 

The first amendment was in section 3, line 3, after the word 
" water" to insert '■ and with but two piers in the river,'' so as to 
read: 

That the said bridge shall be made with three unbroken and contiguous 
spans between the river banlis, as deliued by a medium stage of water, ana 
with but two piers in the river. 

The amendment was agreed to. 

The next amendment was, in section 3. line 4, after the word 
'■ channel," to strike out the words "or central;'' so as to read: 
The length of the mainchauael spau shall be at least 1,000 feet loB^'. 

The amendment was agreed to. 

The bill was reported to theSenate as ameniled. and thearaend- 
ments were concurred in. 



46 



CONGRESSIONAL RECORD— SENATE. 



Decembek 8, 



The bill was ordoi-ed to be engrossed for a third reading, read 
the third time, and passed. 

The title was amended so as to read: "A bill to authorize the 
construction of a bridge across the Mississippi River above New 
Orleans." 

BILLS INTRODUCED. 

Mr. BLACKBURN introduced a bill (S. 3553) for the relief of 
Lucy Ann Lee and Allen G. Lee; which was read twice by its 
title, and referred to the Committee on Claims. 

Mr. WILSON (by request) introduced a bill (S. 3554) to refvmd 
to the State of Iowa the amounts paid by said State to the non- 
commissioned officers and enlisted men of the Second and Third 
Regiments of Iowa Volunteer Infantry , for gray uniforms claarged 
to them by the United States mustering and disbursing officers, 
when they were mustered into the United States service in May 
and June, 18(11, and afterwards ordered to be discarded and blue 
imiforms substituted therefor; which was read twice by its title, 
and referred to the Committee on Military Affairs. 

He also introduced a bill (S. 3555) for the relief of George W. 
Jones; which was read twice by its title, and, with the accompa- 
nying papers, referred to the Committee on Foreign Relations. 

Mr. PADDOCK introduced a bill ( S. 355(5) granting an increase 
of ijensiou to Mary E. Hazlip; which was read twice by its title, 
and referred to the Committee on Pensions. 

Mr. HAWLEY introduced a bill (S. 3557) granting a pension 
to William O. Lyman; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. RANSOM introduced a bill (S. 3558) to provide for the 
erection of a public building in the cities of Winston-Salem, N. 
C. ; which was read twice by its title, and referred to the Com- 
mittee on Public Buildings and Grounds. 

IWr. QUAY introduced a bill (S. 3559) for the relief of Merrick 
& Son; which was read twice by its title, and referred to the 
Committee on Claims. 

JVIr. McMillan introduced a bill (S. 35G0) granting a pension 
to .Mlin E. Burnes; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. PEFFER. On Tuesday I had the honor to introduce a 
bill (S. 3515) for the relief of Charles Williamson, late assistant 
surgeon Twelfth Kansas State Militia. I tnink that it was re- 
ferred by mistake to the Committee onMilitai'y Affaiis, although 
I see the RECORD notes it to have been referred to the Commit- 
tee on Pensions. If it was not referred to the Committee on 
Pensions, I ask that it be so referred. 

The VICE-PRESIDENT. The bill was referred to the Com- 
mittee on Pensions, the Chair is informed. 

Mr. PEFFER. I ask that the papers which Isend to the desk 
be referred with the bill to the same committee. 

The VICE-PRESIDENT. The papers will be so referred. 

Mr. JONES of Arkansas introduced a joint resolution (S. R. 
llii) authorizing the Secretary of the Treasury to retain and cover 
into the Treasury certain moneys, etc.; which was read twice by 
its title, and referred to the Committee on Indian Affairs. 

WAR CLAIM OP BALTIMORE. 

Mr. GORMAN. I offer the following resolution, and ask for 
its present consideration: 

Sesoleed, That the Secrotaryof theTreasury be, andheishereby, requestecl 
to transmit to the Senate all correspondence between the Third Auditor of the 
Treasury and the mayor of Baltimore relating to the claim of the city of 
Baltimore for advances in the War of 1813 between the United States and 
Great Britain. 

The Senate, by unanimous consent, jDroceeded to consider the 
resolution. 

Mr. SHER]\IAN. I suggest to the Senator from Maryland 
whether he had not better insert the word "copies." It is not 
usual to send the original jjapers. 

Mr. GORMAN. I have no objection to that. I will modify 
the resolution by inserting the words "copies of" before the 
words "all correspondence." 

The VICE-PRESIDENT. The question is on agreeing to the 
I'esolution as modified. 

The resolution as modified was agreed to. 

EXECUTIVE SESSION. 

Mr. SHERMAN. I move that the Senate proceed to the con- 
sideration of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After twenty-five minutes 
spent in executive session the doors were reopened. 

DEATH OP REPRESENTATIVE WARWICK. 

Mr. BRICE. Mr. President, I ask that the resolutions of the 
House of Representatives in regard to the death of my late col- 
league in that body be laid before the Senate. 

The VICE-PRESIDENT. The Chair lays before the Senate 



resolutions from the House of Representatives, which will be 
x-ead. 
The Secretai-y read the resolutions, as follows: 

In the Hobse of Representatives, December 6, 1392. 

Besolved, That the House has heard with profound sorrow of the death of 
Hou. ,Iohu G. Warwick, late a Representative from the State of Ohio. 

Eewloed, That the Clerk be directed to communicate a copy of these reso- 
lutions to the Senate. 

Resolved, That as a mark of respect to his memory the House do now ad- 
journ. 

Mr. BRICE. Mr. President, I offer the resolutions which I 
send to the desk. 
The VICE-PRESIDENT. The resolutions will be read. 
The Secretary read the resolutions, as follows: 
Besolved, That the .Senate has heard with deep rejiret the announcement 
of the death of the Hon. John G. Warwick, late a Representative from the 
State of Ohio. 

Besoloed. That the Secretary communicate this resolution to the House of 
Representatives. 

Besolved, That as a mark of respect to the memory of the deceased the Sen- 
ate do now adjourn. 

Mr. BRICE. Mr. President, at some future time I shall ask 
that a day be fixed when appropriate tributes may be paid to the 
memorv and services of my late colleague in the other House. 

The VICE-PRESIDENT. The question is on agreeing to the 
resolutions submitted by the Senator from Ohio. 

The resolutions were agreed to unanimously; and (at 1 o'clock 
and 2 minutes p. m.) the Senate adjourned until Monday, Decem- 
ber 12, 1892, at 12 o'clock meridian. 



NOMINATIONS. 
Executive nominations received by the Senate Deceinber S, 1S9'J. 

JUDGES OP PROBATE. 

Charles Foote, of Utah Territory, to be judge of probate in the 
county of Juab, in the Territory of Utah, his term havinor ex- 
pired September 26, 1892. 

William W. Wallace, of Utah Territory, to be judge of probate 
in the county of Sevier, in the Territory of Utah, vice Lathrop 
B. Kinney, whose term expires Dei-omber 8, 1892. 

Charles A. Herman, of Utah Territory, to be judge of probate 
in the county of Toole, in the Territory of Utah, his term having 
expired September 26, 1892. 

COMMISSIONER GENERAL LAND OFFICE. 

William M. Stone, of Knoxville, Iowa, who was appointed No- 
vember 18, 1892, during the recess of the Senate, to be Commis- 
sioner of the General Land Office, vice Thomas H. Carter, re- 
signed. 

ASSISTANT COMiHSSIONER GENERAL LAND OPPICE. 
Manning M. Rose, of Marietta, Ohio, who was appointed No- 
vember 19, 1892, during the i-ecess of the Senate, to Ise Assistant 
Commissioner of the General Land Office, vice William M. Stone, 
resigned. 

REGISTERS OF LAND OFFICES. 

Thomas Fraser, of Placerville, Cal., who was appointed Au- 
gust 27, 1892, during the recess of the Senate, to be register of 
the land office at Sacramento, Cal., vice Edmund W. Roberts, 
resigned. 

Willis B. Stanley, of Beaver, Okla., who was appointed No- 
vember 21, 1892, during the recess of the Senate, to be register 
of the land office at Beaver, in the Territory of Oklahoma, vice 
George L. Dobson, resigned. 

RECEIVER OP PUBLIC MONEYS. 
Thomas J. Planner, of Louisiana, who was appointed Novem- 
ber 16, 1892, during the recess of the Senate, to be receiver of 
public moneys at Natchitoches, La., vice Alexis E. Lemee, re- 
moved. 

SECRETARY OF NEW MEXICO. 

Silas Alexander, of Hillsboro, N. Mex., who was appointed 
November 15, 1892, during the recess of the Senate, to be secre- 
tary of New Mexico, vice Benjamin M. Thomas, deceased. 

INDIAN AGENT. 

Edwin Eells, of Tacoma, Wash., who was appointed August 
29, 1892, during the recess of the Senate, to be agent for the 
Indians of the Puyallup Agency (consolidated) in Washington, 
to take effect September 18, 1892, at the expiration of his last 
term of office. 

POSTMASTERS. 

Watson S. Menefee, to b? po.stmaster at Union Springs, in the 
county of Bullock and State of Alabama, who was commis- 
sioned during the recess of the Senate, November 2, 1892, in the 
place of Frederic B. Fay, removed. 

John G. Pritchard, to be postmaster at Bisbee, in the county of 
Cochise and Territory of Arizona, who was commissioned during 



1892. 



CONGEESSIONAL RECORD— SENATE. 



127 



Mr. WILSON presented a petition of the Board of Managers 
of the National Temperance Association, praying: that the sale of 
intoxicating liquors be prohibited on the groundsof the World's 
Columbian Exposition; which was referred to the Committee on 
the Quadro-Centennial (Select). 

Mr. PADDOCK presented the petition of John J. Mitchell, of 
New York City, praying for the si^oedy passage of the bill lim- 
iting to $100 the amount of wearing apparel that may be imported 
free of duty; which was referred to the Committee on Finance. 

He also presented a petition of the National Grange, Patrons 
of Husbandry, of Washington, D. C, praying for the speedy pas- 
sago of the Washburn-Hatch antioption bill; which was ordered 
to lie on the table. 

Ho also presented the petition of William O. McDowell, of 
Newark, N. J., praying for the passage of such legislation as will 
80 amend the election laws as to extend the franchise to thosj IS 
years of age and older; which was i-eforred to the Committee on 
Privileges and Elections. 

Mr. JONES of Arkansas presentad the memorial of R. A. Lit- 
tle and other citizens of Little Rock, Ark. , remonstrating against 
the passage of the Washburn-Hatch antioption bill; which was 
ordered to lie on the table. 

Mr. HAWLEY presented petitions of the Journeymen Tailors' 
UnioHS of New Haven, Danbury, and Hartford, all in the_ State 
of Connecticut, praying for the passage of House bill 8535, lim- 
iting the free entry of wearing apparel of foreign manufacture; 
which were referred to the Committee on Finance. 

REPORTS OP COMMITTEES. 

Mr. VILAS. I am directed by the Committee on Claims, to 
whom was referred the bill (H. R. 3804) to confer jurisdiction 
vipon the Court of Claims to hear and determino the claim of 
David Ryan against the United States, to submit an adverse re- 
port thereon. 

Mr. COCKRELL. Let ths bill go on the Calendar until we 
can have an opportunity to look at it. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar with the adverse report of the committee. 

Mr. DAWES, from the Committee on Indian Affairs, to whom 
was referred the bill (S. 3140) authorizing the removal of the In- 
dians of the Papago or Gila Bend Reservation in Maricoija 
County, Ariz., to the Papago Reservation in Pima County, or to 
one of the Pima and Maricopa Reservations known as tha Gila 
River and Salt River Indian Reservations, reported it with 
amendments. 

Mr. Mcpherson, from the Committee on Naval Affairs, to 
whom was referred the bill (H. R. 8700) to provide for the sale 
of navy-yard lands in the city of Brooklyn, reported it without 
amendment. 

BILL RECOMMITTED. 

Mr. PEFPER. A week ago to-day, by dii-ection of the Com- 
mittee on Claims, I presented an adverse report on the bill (S. 
1447) for the relief of Secor & Co., Perine, Secor & Co., and the 
executors of Zeno Se^-or. The bill was placed on the Calendar 
with the adverse report. Upon further consideration I ask that 
the report, the bill, and the accompanying papers may be re- 
committed to the committee for further consideration. 

The VICE-PRESIDENT. The bill will be recommitted if 
there be no objection. The Chair hears none. 

BILLS INTRODUCED. 

Mr. VEST introduced a bill (S. 3582) for the relief of Robert 
McGee; which was read twice by its title, and, with the accom- 
panying papers, referred to the Select Committee on Indian 
Depredations. 

Mr. PADDOCK introduced a bill (S. 3583) to place John F. 
Adams on the pension roll; which was read twice by its title, 
and referred to the Committee on Pensions. 

Mr. GALLINGER introduced a bill (S. 3584) to prohibit the 
interment of bodies in Graceland Cemetery, in Ihe District of 
Columbia; which was read twice by its title, and referred to the 
Committee on the District of Columbia. 

Mr. PERKINS introduced a bill (S. 3585) to amend and modify 
section 3480 of the Revised Statutesof the United States; which 
was read twice by its title. 

Mr. PERKINS. I am not quite sure whether the bill should 
be referred to the Committee on Pensions or the Judiciary Com- 
mittee. It propo.sos to amend a section of the statutes which 
confers certain rights upon the soldiers of the Indian and Mexi- 
can wars in regard to boimty-land warrants. I think perhaps 
it shovild be referred to the Judiciary Committee. 

The VICE-PRESIDENT. The bill will be referred to the 
Committee on the Judiciary. 

Mr. HANSBROUGH introduced a bill (S. 3586) to establish a 
military post at or near the city of Grand Forks, in Grand Porks 



County, in the State of North Dakota; which was read twice by 
its title, and referred to the Committee on Military Aflairs. 

Mr. PADDOCK introduced a bill iS. 3587) to amend section 
1514 of the Revised Statutes of the United States, in relation to 
the appointment of cadets at the Naval Academy at Annaijolis, 
in the State of Maryland; whicli was read twice by its title, and 
referred to the Committee on Naval Atl'airs. 

Mr. CHANDLER introduced a bill (S. 3583) to amend an act 
entitled "An act to perfect the quarantine service of the United 
States;" which was read twice by its title, and referiod to the 
Committee on Eijidomic Diseases. 

JNIr. MCMILLAN introduced a bill (S. 3580) to amend an act 
entitled "An act to regulate commerce," approved Februarj^^ 
1887; wliich was read twice by its title, and referred to the Com- 
mittee on Interstate Commei'ce. 

MRS. DORA MARSHALL. 
' Mr. DAWES submitted tlio following resolution; which was 
referred to the Committee to Audit and Control the Contingent 
Expenses of the Senate: 

JiesolveU, That the Secretary of the Senate be, and he la hereby, authorized 
aud directed to pay out of the miscellaneous items of the contingent fund of 
the Senate toMrs. Dora Marshall, widowof James H. M.ar.shall, doccased. late 
a messuiigor of the United States Senate, the sum of S":;i). belui; an aniouni 
equal to six months' salary at the rate per annum allowed by law to the 
messenger aforesaid, said sum to be considered as Including the funeral ex- 
penses and all allowances. 

SAFETY OF METZEKOTT HALL. 
Mr. HAWLEY. I submit a resolution which I wish to have 
adopted now. I think when it is read there will bo no objection 
to it. 

The resolution was read, considered by unanimous consent, and 
agreed to, as follows: 

AVlieresis many complaints have been publicly made concerning the safety 
of Metzerott Hall: 

Jiesolvid. That the Committee on the District of Columbia be, and it hereby 
is. instructed to report to the Senate whatever information It may have re- 
ceived relating to that subject. 

COMMITTEE ON IMMIGRATION. 

Mr. CHANDLER submitted the following resolution; which 
was considered by unanimous consent, aud agreed to: 

Resoleed, That the Committee on Imml'-iratiou bo authorized to continue 
during the present session the inquiries directed by resolution of the Senate 
of July 16, I89;J, with all the powers conferred by said resolution. 

COMMITTEE ON FAILED NATIONAL BANKS.* 

Mr. CHANDLER submitted the following resolution; which 
was considered by unanimous consent, and agreed to: 

Jiesohed, That the Committee on Failed National Banks be authorized to 
continue during the present session the inqiuries directed by resolutions of 
the Senate of June 2, ISSU, and July 19, 18912, with all the powers conferred by 
said resolutions. 

CIVIL-SERVICE POSITIONS. 

Mr. DANIEL. Yesterday I submitted a resolution calling for 
information from the Civil Service Commission, and requested 
that it might lay on the table. I ask now that the resolution be 
taken up and passed. I will state that I have consulted the 
chairman of the committoo on the stibject and he said he does 
not desire to have the resolution referred, and has no objection 
to it. 

The VICE-PRESIDENT. The resolution will bo read. 

The resolution was read, and agreed to, as follows: 

Jienolved, That the Civil Service Commission be, aud it Is hereby, requested 
to furnish the Senate with a succinct statement of the positions in the Gov- 
ernment service now embraced under civil-servico rcKUhiliou.i, mcludlug 
their number aud kind aud of the methods and application auilc.\aininatioii; 
the said statement also to specify the quota of each State, whether llllod or 
vacant, aud what positions in number aud kind are open to appointment 
outside of clvil-scrvice regitlatlons, with their number and kind, the design 
of this resolution being to procure in a comp.act form information for the 
use of those desiring to enter the service of the Government. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had passed 
the following bills: 

A bill (S. 53:t) to amend and enlarge the act approved June 
IS, 1878, entitled "An act to provide for the distribution of the 
awards made under the convention between the United States 
of America and the Republic of Mexico, concluded on the 4th 
day of July, 1868: " and 

A bill (S. 606) to amend and enlarge the act approved Juno 
18. 1878, entitled "An act to provide for the distribution of the 
awards made under the convention between the United States 
of America and the Republic of Mexico, concluded on the 4th 
day of July, 1868." 

ENROLLED BILLS SIGNED. 

Tlie message also announced that the Speaker of the Houso 
had signed th j following enrolled bills; and they were there- 
upon signed by the Vico-Prosident: 

A bill (S. 13'J) terminating the reduction in the ntmibers of the 
Engineer Corps of the Navy; 



128 



CONGRESSIONAL RECORD— SENATE. 



Decembek 14, 



A bill (S. 1910) for the relief of R. B. Woodson; and 
A bill (S.2(il2) granting- a pension to Teudoy, chief of the Ban- 
nocks, Slioshonos, and Sheepeaters tribe of Indians. 

WILLIAM M'GARRAHAN— VETO MESSAGE. 

The VICE-PRESIDENT. Is there further morning business? 
If not, that order is closed. 

Mr. TELLER. I ask that the special order be laid before the 
Senate. 

The VICE-PRESIDENT. The special order will be stated. 

The Chief Clerk. A bill (S. 1968) to submit to the Court of 
Private Land Claims, established by an act of Con^^ress ap- 
proved March 3, 1891, the title of William McGarrahan to the 
Rancho Panoche Grande, in the State of California, and for 
other purposes. 

The VICE-PRESIDENT. The question is. Shall the bill pass, 
the objections of the President of the United States to the con- 
trarj' notwithstanding? Is the Senate ready for the question? 
[A pause.] The roll will be called by the Secretary. 

The Secretary proceeded to call the roll. 

Mr. Mcpherson. Let the bm be read. 

Mr. PASCO. What is the question before the Senate? 

Mr. SANDERS. I should like to inquire what bill is being- 
voted upon. 

The VICE-PRESIDENT. The title of the bill will bo read. 

The title of the bill was again read. 

Mr. HOAR. I think the bill on its passage should bo read. 

Mr. SANDERS. I should like to have the bill explained. 

Mr. PLATT. L?t the Senator ask unanimous consent. The 
roll call was commenced, but that may bo waived for tile present. 

The VICE-PRESIDENT. No response h.id been made. The 
Senator from Montana is entitled to the floor. 

Mr. SANDERS. Mr. President, the bill involves liability for a 
largo sum of money, and I think that b -fore voting upon it, if it is 
not too late, somebody in charge of it ought to state on what 
grounds of public justice or liability the bill stands. I do not my- 
self know enough about it to justify me in voting for it, and there 
are some circumstances connected with it that seem to me to 
make it improper that a bill which probably will visit upon the 
United States a liability for a number of m'illion dollars should 
be passed without some explanation that will satisfy the public 
judgment. 

The bill was pissed, I believe, at the last session of the Senate 
without observation by anybody, without any calling of yeas and 
nays, and the message of tne President may very appropriate! v 
be entitled to such consideration as to call for a statement of the 
reasons upon which the liability of the Government stands for 
so considerable a sum of mon-iy. If anybody in chai-ge of the bill 
or familiar with the circumstances can give us any explanation 
I shall be glad. 

I understand that the bill eontemplatesagrantof publiclands. 
practically a new gi'ant of public lands never before made: and 
that it provides by legislation for vesting, so far as there is au- 
thority in the United States to so vest it, a very valuable mine 
in the beueticiai-y of the bill: but inasmuch as that mine has 
heretofore been granted away under la-vvs of the United States to 
persons entitled to it by virtue of the laws of th-j United States, 
and therefore as the United States can not fulfill the obligations 
which the bill imposes, the United States proposes to stop in 
and give to the beneficiary of the bill an amount equal to the 
proceeds of that mine taken out of it by the owners heretofore, 
or liable to be taken out of it by the owners of it hei-eafter. 

I understand, as I read th-j bill, that it is an attt-mpt legisla- 
tively to assert a liability of the United States for a tort and to 
compensate in damages for that tort; that the United States shall 
legislatively respond in damages for the tort so committed; and 
the worst of the proposition is the character of the tort alleged. 
It is, that CO irdinate and coequal branches of the Government, 
not subordinate to the legislative department, but its equal, have 
perpetrated a wrong upon this beneficiary; that the Supremo 
Court of the United States has made a decision with reference 
to the disposition of certain property and with reference to th i 
ascertainment of certain rights which is wrong; that the ex- 
ecutive department of the Government has granted the title to 
this property to individuals not entitled to it, and therefore it is 
proposed by this legisl-ation to i>lace upon the Supreme Court of 
the United States and upon the executive department of the 
Government the iminitation of wrongdoing and to respond leg- 
islatively in damages therefor. If I comprehend the significance 
of the bill it has no foundation that is not based upon that ab- 
stract proposition of liability. 

For one I am unwilling in any official vote cast to place upon 
either one of those Departments of the Government an imputa- 
tion so grave as that. I do not pretend that in the administra- 
tion of human affairs divine and absolute justice can always be 
done; but everybody must submit to those tribunals and author- 



ities that the wit and wisdom of man have devised for the deter- 
mination of individual riglits. 

But I have another objection to the bill, if I understand it 
rightly. The foundation upon which it is based fand I do not 
stop to inquire wliether that foundation is a fact or not) is a pe- 
tition filed by a former citizen of Mexico, resident in Alta Cali- 
fornia, then a province of Mexico, for a grant of land, to the end 
that he might pursue "the beautiful industry of agriculture; " and 
all subsequent events upon which this pyramid of literature and 
this struggle are based rest upon that api)licationand the events 
and circumstances that followed with reference to it. 

If it be true that that petition was filed, of which I suppose 
there is no doubt, and that gi ant was made, of which I suppose 
there is doubt, I want to submit a proposition which no per- 
son can deny, that by virtue of that grant no right under any 
combination of circumstances vested in that grantee the owner- 
ship of mines or the right to pursue the exploitation of mining 
upon the premises granted. It had been decided in Mexico, and 
in all_ civilized counti-ies, for that matter, I think I may say, at 
the time that this circumstance occurred, and it has been de- 
cided by the Supreme Court of the United States time and time 
again, once in the case of the United States r.s. Castillero, 2 
Black's Reports, page 17, and in a dozen cases, I believe, of our 
State courts, following this most well-considered opinion, that a 
grant of Mexican lands by Mexico did not carry with it a right 
to the mines thereon, but that two titles were recognized in the 
lands, one a mining title and the other an agricultural title; that 
the mining title could not be obtained except upon specific and 
definite application therefor, and that a grant of lands for agri- 
cultural uses, or without specifying for what use they were 
granted, did not carry with it a grant of the land for the purpose 
of mining nor any interest in the mines thereon. 

The question as to the validity of this grant occupies the lit- 
erature of our executive, judicial, and legislative departments, 
I think it is no exaggeration to say, to the extent of 5,000 pages. 
Many years ago, in this Capitol, my attention was called to it as 
then a very remarkable case, and I have followed it only casu- 
ally and as a matter of public interest from that time to this. 

I was somewhat surprised that when this bill came up nobody 
arc se to explain its provisions or vindicate the justice of the en- 
actment. At least on two occasions, by the Supreme Court of 
the United States, by a unanimous decision in each case, this 
granUhas been declared to beiuvalid. Imputations of the grav- 
est character upon the integrity of the original claim and upon 
the jjrocesses by which it was sought to l>e confirmed are found 
in every page of its histoi-y. I do not desire myself to recite 
them; indeed, I am not sulliciently familiar with them to give, 
with the exactness that I could desire, every detail, if it were 
useful so to do. 

But I rest this case upon the proposition that, having been 
examined by the executive department it has been rejected, and 
having been examined by the judicial department it has been 
declared invalid and fraudulent: and that if both of those de- 
partments should have declared it to be a valid grant it still 
would not have formed the remotest justification for such legis- 
lation as is provided in the bill now before the Senate. 

I think, thereiore, -we should bs grateful to the President that 
he has recalled our attention to this legislation, that we may pro- 
ceed to inquire why if that grant had been originally a valid one 
and had conveyed the three or four leagues of land involved to 
the grantee or his assigns, -what right or authority it would have 
vested in him to this most remaricable and phenomenal mine 
that exists upon it, and why as a matter of fact the United States 
should respond in damages'f or a tort perpetrated by the Supreme 
Court and by the executive department of the Government, why 
the Congress of the United States should put the stain of infi- 
delity or ignorance upon those two great tribunals of our Gov- 
ernment, coequal with us, and who in respect of those matters 
have given it a more painstaking investigaiion, with better fa- 
cilities for ascertaining the truth than we can hope to have be- 
Fore us, for if that patent had b.^en issued for this piece of ground 
there would have remained in the United States the mine thereon; 
and it would have been just as competent for the United States 
to have granted that mine to some other person in fee simple 
under our law of 186(5 as it was to grant it when, by virtue of the 
decision of the Supreme Court, the land involved in this bill be- 
came a part of the public domain and was entered by various 
parties. 

Now, I say that this legislation is not unurecedented, so far as 
the mere iiroposition is concerned to refer it to the Court of 
Claims. Further than that, it is an imputation upon the Supreme 
Court and upon the executive department, it has embarrassed and 
annoyed public officers and delayed the public business since 1855, 
and that it prescribes arbitrary rules of evidence there could 
be no objection, but these are adequate. 

I say this case has been before the Supreme Court, and is re- 



1892. 



CONGEESSIOXAL RECORD— SENATE. 



loo 



lege, and W. P. McNary, pastor of the Uuion Presbyterian 
Church at that place. I move that the memorial ba referred to 
the Select Committee on the Quadro-Centennial. 

The motion was agreed to. 

Mr. COCKRELL. I also present a petition of the Interstate 
Convention of Cattlemen, praying for the establishment of a bu- 
reau of information and statistics in live stock, with an explana- 
tion of the proposed svstem, and letters of indorsementfrom over 
thirty States. I aoprehend that the petition should be referred 
to the select committee of which my colleague [Mr. VEST] is 
chairman. 

Mr. VEST. Yes, a bill on the subject is pending. 

Mr. COCICRELL. I move that the petition be referred to the 
Select Committee on the Transportation and Sale of Meat Prod- 
ucts. 

The motion was agreed to. 

Mr. VEST presented a petition of citizens of Tarkio, Mo., 
praying for the passage of legislation closing the World's Co- 
lumbian Exposition on Sunday; which was referred to the Com- 
mittee on the Quadro-Centennial (Select). 

Mr. QUAY presented petitions of the United Presbyterian 
and Methodist Episcopal Churches of Prospect, Pa., and of the 
United Presbyterian Church of Mount Nebo, Pa., praying for 
legislation to clcss the World's Columbian Exposition on Sun- 
day, to prohibit the sale of intoxicating liquors thereat, for the 
passage of the V^ashburn-Hatch antioption bill, for the restric- 
tion of immigration, and for the submission of the proposed six- 
teenth amendment to the Constitution of the United States; 
which were referred t j the Committee on the Quadro-Centennial 
(Selecl). 

Mr. PADDOCK present d the petition of .T. A.Cosby and 
other citizens of Benkleman, Nobr.. and of 100 members of tlic 
United Presbyterian Church of Parks. Nebr., ]>raying for the 
passage of the Washburn-Hatch antioption bill, and for adequate 
legislation restricting immigration, etc.; which was ordered to Ho 
on the table. 

He also presented a petition of the Federation of Labor Unions 
of Washington, D. C, praying for the passage of House bill 8537, 
providing for an effective eight-hour law for workingmen; which 
was referred to the Committee on Education and Labor. 

Mr. SANDERS presented a petition of the Journeymen 
Tailors' Uuion, of Great Falls, Mont., praying for the passage of 
House bill S ).^o, prohibiting smuggling into the United States 
under the guise of wearing apparel; which was referred to the 
Committee on Finance. 

Mr. HISCOCK presented a memorial of the New York Mer- 
cantile Exchange, remonstrating against the passage of the 
Washburn-Hatch antioption bill; which was ordered to lie on 
the table. 

He also presented the petition of Thomas B. Keel and 58 other 
citizens of New York, praying for the passage of legislation au- 
tho'.-izing the publication of certain statistics relating to the 
labor product and intellectual development of people of African 
descent residing in the United States; which was referred to the 
Committee on Education and Labor. 

Mr. HISCOCIv. I present three memorials of citizens of New 
York, bankers and business men of New York City, remonstrat- 
ing against the passage of Senate bill 262G, providing for the con- 
struction of a bridge across the Hudson River between that 
city and the State of New Jersey, and I ask that the memorials 
be printed in the Record. I make this request because a peti- 
tion on the same question was printed in the Record a few days 
ago. 

The VICE-PRESIDENT. Is thei'e objection to the request 
made by the Senator from New York? 

Mr. HARRIS. There is. 

Mr. HISCOCK. I state that I ask to have the meLJorials 
printed in the Record for the reason that a petition on the other 
side of the question was allowed to be printed in the Record. 

Mr. PLATT. I thought the petition to which the Senator 
refers was not allowed to be printed in the Record. 

Mr. HARRIS. I know of none of those general petitions that 
have been allowed to be printed in the Record, and certainly 
none of them would have been allowed if my attention had been 
called to it. I object to encumbering the RECORD with peti- 
tions on any subject. 

Mr. HISCOCK. I withdraw the request. 

The VICE-PRESIDENT. The petition to which the Senator 
from New York refers was not printed in the Record. Objec- 
tion was made to that, and it was ordered printed as a docu- 
ment. 

Mr. HISCOCK. Very well; let the memorials be printed as a 
document. 

The VICE-PRESIDENT. The memorials will Ue on the 
table and be printed as a document. 



Mr. SHERMAN presented a petition of the First Presbyterian 
Church of Toledo, Ohio, and a petition of 2S5 citizens of Ohio, 
praying Congress not to repeal the law closing the World's Co- 
lumbian Fair on Sunday; which were referred to the Committee 
on the Quadro-Centennial (Select). 

Mr. ALLEN presented the petition of O. O. Wright and GO 
other citizens of Douglass County, Wash., praying for the pas- 
sage of the Washburn-Hatch antioption bill; which was ordered 
to lie on the table. 

Mr. CULLOM presented a petition of the Ladies' Missionary 
Society of the United Presbyterian Congregation of Henderson, 
111., pi-ayjng for the passage of legislation closing the World's 
Columbian Exposition on Svuidaj', and that the sale of into.xicat- 
ing- liquors bo prohibited thereat; which was referred to the 
Committee on the Quadro-Centennial (Select). 

Mr. PRYE presented a petition of 23 citizens of Piscataquis 
County, Me., praying for the passage of the Washbtirn-Hateh 
antioption bill; which was ordered to lie on the table. 

Mr. BATE presented a memorial of the Memphis (Tenn.) 
Cotton Exchange, remonstrating against the action taken by 
that exchange on the 2()th of November, in opposition to the 
Washburn-Hatch antioption bill, and praying for the passage of 
that or some similar measure; which was ordered to lie on the 
table. 

Mr. BRICE presented a petition of the State Grange of Dela- 
ware, Ohio, and a petition of the Fanners' Institute of Leetonia, 
Ohio, praying for the passage of the Washburn-Hatch antiop- 
tion bill; "which were ordered to lie on the table. 

Ho also presented a petition of the Journeymen Tailors' Unions 
of Tifhn, Findlay, Youngstown. Delaware, Zanesvillc, and Toledo, 
all in the State of Ohio, praying for the passage of House bill 
StiSo, limiting the free entry of wearing apparel of foreign man- 
ufacture: which was referred to the Committee on Finance. 

He also presented memorials of the Preachers' Union of Toledo, 
Ohio; of L. M. Hoffman and 30 other citizens of Newton Falls, 
Ohio; of W. F. McCaulcy and other members of the Christian 
Endeavor Union and of the Ministerial Association of Findlay, 
Ohio, remonstrating against the passage of any legislation author- 
izing the opening of the World's Columbian Exposition on Sun- 
day; which were referred to the Committee on the Quadro-Cen- 
tennial (Select). 

He also presented a memorial of citizens of Hamilton County, 
Ohio, remonstrating against the passage of any legislation 
authorizing the openmg of the World's Columbian Exposition 
on Sunday; the sale of intoxicating liquors thereat; praying for 
the passage of the Washburn-Hatch antioption bill, and advo- 
cating the submission of the proposed sixteenth amendment to 
unite church and state; which was referred to the Committee 
on the Quadro-Contennial (Select). 

Mr. TELLER presented a petition of the Journeymen Tailors' 
Union of Colorado Springs, Colo., praying for the passage of 
House bill 853.5, limiting the free entry of wearing apparel of 
foreign manufacture; which was referred to the Committee on 
Finance. 

Mr.. MORRILL presented the petition of Willis Roberts, of 
Stratford, Vt., praying to be allowed a pension as a dependent 
father; which was referred to the Committee on Pensions. 

Mr. PERKINS presented a petition of the heirs of Miguel 
Salinas, deceased, of Kansas, praying- to bo reimbursed for rents 
and houses and other property appropriated by the Government 
for the use of the United States Army; which was referred to 
the Committee on Pensions. 

Mr. JONES of Arkansas presented a memorial of citizens of 
Monticello, Ark., remonstrating' against any further considera- 
tion of the Washburn-Hatch antioption bill; which was ordered 
to lie on the table. 

Mr. WHITE presented a petition of members of the city coun- 
cil and various commercial bodies of the city of New Orleans, 
La., praying for the passage of legislation placing the Nicaragua 
Canal solely and exclusively under the control of the Govern- 
ment; which was referred to the Committee on Foreign Rela- 
tions. 

Mr. HARRIS presented apetition of citizens of Shelby County, 
Tenn., praying for the passage of the Washburn-Hatoh antiop- 
tion bill; which was ordered to lie on the table. 

reports of committees. 

Mr. TURPIE, from the Committee on Pensions, to whom was 
referred the bill (II. R. 6737) grunting a pension to Delzell R. 
Bradford, Twenty-fourth Michigan Volunteers, reported it with- 
out amendment, and submitted a report thereon. 

Mr. FRYE. from the Committee on Commerce, to whom was 
referred the bill (S. 3533) to nmend sections 44S8 and 4489, Re- 
vised Statutes, for the greater safety to navigation, reported ad- 
versely thereon, and the bill was postponed indefinitely. 



156 



CONGRESSIONAL RECORD— SENATE. 



December 15, 



He also, from the same committee, to whom were referred the 
following bills, reiwrted tliem severally without amendment: 

A bill (H.R.SVlofi) establishing a fog signal at Tibbets Point, 
Lake Ontario, New York; and 

A bill (S. .3510) to amend section 4347 of the Revised Statutes 
of the United States. 

Mr. VOORHEES, from the Committee on the Library, to 
whom was referred the bill iS. 20K9) to purchase the portrait of 
Daniel D. Tompkins, late Vice-President of the United States, 
painted by Jarvis in 1812. reported it without amendment, and 
submitted a report thereon. 

Mr. Mcpherson, from the Committee on Naval Affairs, 
submitted a report to accompany the bill (H. R. H7(iO) providing 
for the sale of navy-yard lauds in the city of Brooklyn, hereto- 
fore reported by him. 

WILLIAM H. TAYLOR. 

Mr. TURPIE, I am directed by the Committee on Pensions, 
to whom was roferre.l the bill (H. R. (1024) for the relief of Wil- 
liam H. Taylor, to report it without amendment. The billis 
one of great merit, and as there is a present emergency for its 
passage, I ask the courtesy of the Senate for its presentOTn- 
sideration. ««^^*- 

By unanimous consent, the Senate, as in Committee of the 
"Whole, ])roceeded to consider the bill. It proposes to place on 
the i^ension roll, at the rate of $12 per month, the name of Wil- 
liam H. Taylor, a crippled and dependent son of Uriah Taylor, 
deceased, late a member of Company A, Forty-ninth Regiment 
Indiana Volunteer Infantry, during the late civil war, and who 
died from disease contracted in said war while in line of duty 
soon after the close of the war in 18G5. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

EULOGIES ON THE LATE REPRESENT.4TIVE SPINOLA. 

Mr.MANDERSON,fromthe Committer on Printing, towhom 
was referred the following concurrent resolution of the House of 
Representatives, reported it without amendment, and it was con- 
sidered by vmanimous consent, and agreed to: 

JiesolvedbylkeHouse of BepresentiituHs (the Henaiecoiicumng), That there be 
printed of the eulogies delivered in Con.;re33 upon the Hon. Francis B. 
Spinola. late a Representative trom the State of New York; 8,000 copies, 
which shall include 50 copies to he bound in full morocco, to be delivered to 
the family of the deceased; and of those remaininpr, 2,000 copies shall bo for 
the use of the Senate and 5,3,W copies for the use of the House of Repre- 
sentatives; and the Secretary of the Treasury is directed to have engraved 
and printed a portrait of the said Francis B. Spinola to accompany said 
eulogies. 

CIVIL SERVICE COMMISSION REPORT. 

Mr. MANDERSON. I am directed by the Committee on 
Printing, to whom was referred a concurrent resolution of the 
Senate to print copies of the ninth annual report of the United 
States Civil ServiceCommission, to report it without amendment; 
and I ask for its present consideration. 

The Senate, by unanimous consent, proceeded to consider the 
concurrent resolution; which was road, as follows: 

lie.folvt'd by the Sniate (the House of RepresentaiiVf-'H concurring). That 23,000 
copies oE the ninth annual report, of the United States Civil Service Commis- 
sion with appendices be printed, of which 1. 010 copies shall be for the use 
of the .Senate, 2.000 copies for the use of the House of Representatives, and 
20,000 copies for the use of the United States Civil Service Commission. 

Mr. COCKRELL. Let the resolution be read again, 

Mr. M-\NDERSON. The resolution is exactly as itwasintro- 
duced by the Senator from .Missouri. There is no change pro- 
posed by the committee and the number is the same as is provided 
for in the general printing bill. 

Mr. COCKRELL. Very well. 

The resolution was agreed to. 

REPORT ON IMMIGR..\TION. 

Mr. MANDERSON, from the Committee on Printing, to whom 
was refe.red the following c mcurrent resolution, submitted by 
Mr, Chandler o:i tlie 12th instant, reported it without amend- 
ment, and it was considered by unanimous consent, and agreed to: 

EeiiolKcdbv the Senate {the Ilott.-ic of licjirescntatives concurring). That the 
Piiblic Printer be, and hels hereby, direcrcd to print, witha title page, 12,000 
additional copies of the report of Immigrant CoUimissioner H. J. Schul- 
teis, contained in Part I, House Executive Document No. 2:^5. first session 
Fifty-first Congress, pages 203 to 323, inclusive; 8.000 to he for the use of the 
Treasury Department, 2,000 tor the use of the House Committee on Immi- 
gration. 2.000 for the use of the Senate Committee on Immigration, 2.000 for 
the use of the Senate, and 4,000 for the use of the House. 

MRS. DORA MARSHALL. 

Mr. PADDOCK, from the Committee to Audit and Control 
the Contingent Expenses of the S.rnate, to whom was referred 
the following resolution, submitted yesterday by Mr. Da WES, 
reported it without amendment, and it waj considered by unan- 
imous consjnt, and agreed to: 

/itsoh'ed, That the Secretary of the Senate be, and he is hereby, authorized 
and directed to pay out of the miscellaneous Items of the contingent fund of 



the Senate to Mrs. Dora Marshall, widow of James H. Marshall, deceased, late 
a messenger of the United States Senate, the sum of $TM, being an amount 
equal to si.t mouths' salary at the rate per annum allowed ijy law to the 
messenger aforesaid, said sum to be considered as including the funeral ex- 
penses and all allowances. 

BILLS INTRODUCED. 

Mr. CARLISLE introduced a bill (S. 3.590) for the benefit of 
Mrs. AnnaC. Suppleo, of Harrison, Ohio; which was read twice 
by its title, and referred to the Commiteee on Patents. 

"Mr. CAMERON introduced a bill (S. 3.591) to authorize the al- 
lowance of commutation for quarters to officers of the Navy on 
sliore duty; which was read twice by its title, and I'eferred to the 
Committee on Naval Affairs. 

Mr. QUAY introdticed a bill (S, .3592) to provide an American 
register for the steamer Oceano, of Philadelphia, Pa.; which 
was read twice by its title, and referred to the Committee on 
Commerce. 

He also introduced a bill (S. 3593) granting a pension to Ve- 
ronica McGiiire; which was read twice by its title, and, referred 
to the Committer on Pensions. 

Mr. MoMILL.XN (by request) introduced a bill (S.3")94) to 
conflriii title to lots 13 and 14, in square 959, in Washington, D. 
ich was read twice by its title, and referred to the Com- 
mittee on the District of Columbia. 

Mr. CASEY introduced a bill (S. 3595) to amend an act enti- 
tled "An act for the relief of settlers upon certain lands in the 
States of North Dakota and South Dakota," approved August 5, 
18-.2; which was read twice by its title, and referred to the Com- 
mitt'^e on Public Lands. 

Mr. POWER introduced a bill (S. 3596) to provide for the ex- 
amination and classification of certain mineral lands in the States 
of Montana and Idaho; which was read twice by its title, and re- 
ferred to the Committee on Public Lands. 

Mr. PROCTOR introduced a bill iS. 3597) to establish com- 
panies of the Hospital Corps, United States Army, and for other 
purposes; which was read twice by its title, and referred to the 
Committae on Military Affairs. 

He also (by request) introduced a bill (S. .3598) to discontinue 
the Signal Corps and devolve the duties thereof upon other 
branches of theArmy; jvhich was read twice Ijy its title, and re- 
ferred to the Committee on Military Affairs. 

Mr. PUGH (by request) introduced a bill (S, 3599) for the relief 
of .lohn A. RolUngs, and .lames Gillillan; which was read twice 
by its title, and referred to the Committee on Indian Affairs. 

Mr. TELLER introduced a bill (S. 3600) grantingan honorable 
discharge to Cyrus Payne; which was read twice by its title, and 
referred to the Committee on Military Affairs. 

Mr. PERKINS introduced a bill (S. 3601) granting to the Chi- 
cago, l\*o;'k Island and Pacific Railway Company the use of cer- 
tain lands at Chickasha Station, in the Indian Territory; which 
was read twice by its title, and referred to the Committee on In- 
dian Affairs. 

He also introduced a bill (S. 3602) granting to the Chicago, 
Rock Island and Pacific Railway Company a right of way 
through the Indian Territory, and for other purpo.ses; which 
was read twice by its title, and referred to the Committee on 
Indian Affairs. 

Mr. HISCOCK introduced a bill (S. 3603) for the relief of B. 
J. Van Vleck, administrator of Henry Van Vleck, deci ased; 
which was read twice by its title, and referred to the Committee 
on Claims. 

He also introduced a bill (S. 3604) authorizing the Secretary 
of the Treasury to adjust and settle the account of the heirs of 
Alfred G, Benson with the United States: which was read twice 
by its title, and referred to the Committee on Claims. 

"He also introduced a bill (S. 3(;oo) in relation to refunding cer- 
tain sums to port wardens: which was read twice by its title, 
and referred to the Committee on Claims. 

He alsi introduced a bill (S. :i606|for the relief of Ira Doane; 
wnich was read twice by its title, and, referred to the Commit- 
tee on Pensions. 

Mr. CULLOM introduced abill (S. 3607) granting a pension ta 
Mrs. .lohanna Cashman; which was read twice by its title, and 
referred to the Committee on Pensions. 

.Air, COCKRELL ( by request) introduced a bill (S. 3308i grant- 
ing a ])ension to Herbert Vanderberg; which was read twice by 
its title, and referred to the Committee on Pensions. 

Mr. SAWYER introduced a bill (S. .3609) to punish robbery 
upon or wrecking of trains engaged in interstate commerce; 
which was re;id twice by its title, aucl referred to the Committee 
on Interstate Commerce. 

Mr. PUGH (by request) introduced abill (S. 3610) regulating 
the sale of paints, white lead, colors, and linseed oil; which v/as 
read twice by its title, and referred to the Committee on Manu- 
factures. 

Mr. HUNTON introduced a joint resolution (S. R. 121) author- 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



189 



"World's Fair on Sunday — to the Select Committee on the Co- 
lumbian Exposition. 

By Mr. McCLELLAN: Resolution of Tamarack Lodge, No. 39, 
of the International Association of Machinists of Garrett, Ind., 
condemning the action of the officers in charge of the Govern- 
ment works of West Troy, N. Y., in discharging a machinist for 
refusing to run two lathes at the same time, in violation of one 
of the cardinal principles of the Order — to the Committee on 
Labor. 

By Mr. MARTIN: Petition of 101 citizens of Jay County, Ind.. 
to accompany House bill for the relief of E. D. Pierce— to the 
Committee on War Claims. 

By Mr. OHLIGER: Petition of Rebecca L. English, widow of 
Lieut. Samuel A. English, One hundred and twentieth Regi- 
ment, Ohio Volunteer Infantry, asking for a pension — to the 
Committee on Invalid Pensions. 

By Mr. PATTISONof Ohio: Petition of the Rev. R. E. Smith 
and 62 other citizens of Milford, Ohio, against the repeal of the 
law closing the World's Fair on Sunday — to the Select Commit- 
tee on the Columbian Exposition. 

By Mr. PAYNE: Petition of L. R. Muzzy and others, for a 
life-saving station at the mouth of Salmon River, on Lake On- 
tario, N. Y. — to the Committee on Commerce. 

By Mr. RANDALL: Petition of Wm.H. Carney and others, of 
New Bedford, Mass., asking that the Board of Management of 
the Government exhibit at the World's Fair be allowed to pub- 
lish certain parts pertaining to labor products — to the Select 
Committee on the Columbian Exposition. 

By Mr. SCOTT: Petition of citizens of Bloomington, 111., for 
an appropriation to assist in defraying the expenses of the Pan- 
American Medical Congress — to the Committee on Appropria- 
tions. 

By Mr. WHEELER of Alabama: Six papers in reference to 
war claims of citizens of Alabama, as follows: of Cyrus Jones, of 
Madison County; Susan B. Garner, administratrix of William F. 
Garner, deceased; of Benjamin Carter, of Madison County; of P. 
P.Ward, executor of the estate of William Powers, deceased, 
of Madison County, and of Rhoda Lawler, executrix of the es- 
tate of Benjamin Lawler, deceased — to the Committee on War 
Claims. 

By Mr. WILSON of West Virginia: Petition of Bryson Ham- 
ilton, of Randolph County, W. Va., praying that his war claim 
be referred to the Court of Claims, under the provisions of the 
Bowman act — to the Committee on War Claims. 

Also, petition of the heirs of J. A. Hatton, deceased, late of 
Randolph County, W. Va., praying that his war claim be re- 
ferred to the Court of Claims, under the Bowman act — to the 
Committee on War Claims. 



HOUSE OF EEPEESENTATrv^ES. 

SatuedaYj December 17, 1892. 

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. 
W. H. MiLBURN, D. D. 

The Journal of the proceedings of Thursday was read and ap- 
proved. 

STATE AND TERRITORIAL SOLDIERS' HOMES. 

The SPEAKER laid before the House a letter from the Sec- 
retary of the Treasury, transmitting estimate of deficiency in 
the appropriation for State or Territorial homes for disabled 
soldiers and sailors for fiscal year ending June 30, 1S92, submit- 
ted by the Secretary of War; which was referred to the Com- 
mittee on Appropriations. 

QUARANTINE SERVICE DE'FICIENCY. 

The SPEAKER also laid before the House a letter from the 
Secretary of the Treasury, transmitting estimate of deficiency 
in the appropriation for quarantine service for the fiscal year 
ending Juno 30, 1892; which was referred to the Committee on 
Appropriations. 

OFFICERS' QUARTERS, PORT ROYAL, S. C. 

The SPEAKER also laid before the House a letter from the 
Secretary of the Treasury, transmitting copy of communication 
from the Secretary of the Navy, relating t« the necessity of an 
additional appropriation for construction of officers' quarters 
at Port Royal, S. C; which was referred to the Committee on 
Naval Affairs. 

DRY DOCK, PUGET SOUND, WASHINGTON. 

The SPEAKER also laid before the House a letter from the 
Secretaryof the Treasury, transmitting an estimate of appropria- 
tion for construction of the dry dock, Puget Sound, Washington, 
submitted by the Secretary of the Navy; which was referred to 
the Committee on Naval Affairs. 



G. T. LARICIN. 

The SPEAKER also laid before the House a letter from the 
Secretary of the Treasury, transmitting communication from the 
Attorney-General in reference to the expenses of G. T. Larkin, 
late deputy marshal, eastern district of Tennessee; which was 
referred to the Committee on Claims. 

ASSOCIATE PROFESSOR OF MATHEMATICS, WEST POINT. 

The SPEAKER also laid before the House a letter from the 
Secretary of War, transmitting extract from the proceedings of 
the Academic Board, United States Military Academy, concern- 
ing the appointment of associate professor of mathematics at 
that institution; which was referred to the Committee on Mili- 
tary Affairs. 

.ST. M.ARYS FALLS CANAL, MICHIGAN. 

The SPEAKER also laid before the House a letter from tho 
Secretary of War, transmitting copy of the report of Col. O. M. 
Poe, Corps of Engineers, relating to commerce passing St. Marys 
Falls Canal, Michigan; which was referred to tho Committee on 
Interstate and Foreign Commerce. 

FRENCH SPOLIATION CLAIM. 

The SPEAKER also laid before the House communication 
from the Court of Claims, transmitting copy of the findings of 
the court in the French spoliation claim arising out of the seiz- 
ure of the brig Horatio; which was referred to the Committee 
on Claims. 

D. K. TENNY. 

The SPEAKER also laid before the House communication 
from the Court of Claims, transmitting copy of tho findings of 
the court in the case of D. K. Tinny vs. The United States: \vhich 
was referred to the Committee on War Claims. 

SENATE RESOLUTIONS REFERRED. 

The SPEAKER also laid before the House resolutions of the 
Senate providing for the printing of 23,000 copies of the ninth 
annual report of the United States Civil Service Commission 
and 12,000 additional copies of the report of Immigrant Commis- 
sioner H. J. Schulteis; which were severally referred to the 
Committee on Printing. 

LEAVE OF ABSENCE. 

By unanimous consent leave of absence was granted, as fol- 
lows: 

To Mr. Washington, indefinitely, on account of important 
business. 

To Mr. COOLIDGE, until the 22d instant, on account of im- 
portant business. 

ENROLLED BILLS SIGNED. 

Mr. SCOTT, from the Committee on Enrolled Bills, reported 
that they had examined and found truly enrolled bills and joint 
resolution of the following titles; when the Speaker signed the 
same: 

A bill (S. 869) to provide an American register for the barge 
Sea Bird, of Perth Amboy, N. J.; 

A bill (S.1647) to authorize tho Alabama Grand Trunk Rail- 
road Company to bridge across the Tallapoosa and Coosa lUvers; 

A bill (S. 19.56) to make Punta Gorda a subport of entry: 

A bill (S. 2451) authorizing the Secretary of the Treasury to 
reconvey to Lucius U. ISlaltby and Louise W. Maltby, bis wife, 
Margaret Elizabeth Lucas, and the Sea Girt Land Improvement 
Company a piece of land selected as a site for the Squan Inlet 
light station, New Jersey, but found to be unsuitable for the 
purpose of said station; 

A bill (S. 3188) to extend to Duluth, Minn., the privileges of the 
first section of an act entitled "An act to amend tho statutes in 
relation to immediatj transportation of dutiable goods, and for 
other purposes," approved June 10, 1880; 

Abill (H. R.6024) for the relief of William H. Taylor; and 

Joint resolution (S. R.73) authorizing the Secretary of War to 
receive for instruction at the l\Iilitary Academy at West Point 
Francisco Alcantara, of Venezuela. 

MRS. MARTHA STIFF. 

Mr. FORNEY. Mr. Speaker, I ask unanimous consent to 
take from the Private Calendar a resolution agreed to by the 
Committee on War Claims. 

Tho resolution was read, as follows: 

Sfsolced. That the bill (H. R. 84.'!0) for the relief of Mrs. M-arth.-v Still, of 
CheroUee Coiiuty, Ala., now pending in the House, louether with all the ac- 
companying papers, be, and the same is hereby, referred to the Court of 
Claims, "in pursuance of the provisions of an act approved March X 1887, en- 
titled 'vVa act to provide for the brlngiUK of snlts against the Government ot 
the United States," to tind and report to the House the facta bearinj; upon 
the merits of the claim and all other facts contemplated by the provisions 
of said act. 

The SPEAKER. Is there objection to the present considerar 
tion of the resolution? 



190 



OONGIIESSIONAL RECORD— HOUSE. 



December 17, 



Ml-. BURROWS. Mr. Speaker, I think that would better 
come up in the regular way. 

Mr. FORNEY. It is simply a resolution to refer the matter 
to the Court of Claims. There is no money in it. 

I\Ii'. BURROWS. I understand that. 

The SPEAKER. The gentleman from Michigan objects. 

NIMROD J. SMITH. 

Mr. CRAWFORD. Mr. Speaker, I ask unanimous consent for 
the present consideration of the bill (H. R. 6753) for the relief of 
Ninu'od J. Smith, ex-chief of the Eastern Band of Cherokee In- 
dians. 

The bill was read, as follows: 

Wliei'eas Nimroa J. Smith was duly elected principal chief of the Eastern 
Band of Cherol;ee Indians on the Sth day of July, 1880, in accordance with the 
consiitution ot the general council of said Eastern Band of Cherokee Indians; 
and 

Whereas the said Nimrod J. Sinith duly qnalifled and entered upon the 
duties of the principal chief on the Sth day ot July, 1880, and served in that 
capacity until the Sth day of October, 189) ; and 

Whereas the constitution and by-laws of the general council of the said 
Eastern Band of Cherokee Indi.ans tlxes the salary ot principal chief at ifSOO 
peranuum; and 

Whereas the general council in October, 1S86, passed upon and allowed the 
claim of the said Nimrod J. Smith for six years' service as principal chief, 
amo'.iuting to ^3,000, and authorized the same to be paid out of any funds 
plac'.'dto l^hecreditofs.aldEasternUand of Cherokee Indians in theTre.a3ury 
of the United States: Therefore, 

Bt it enacted, etc.. That the Secretary of the Treasury be, and he is hereby, 
directed to p;iy Nimrod J. Smith S3,000, out ot any funds in the Treasury, or 
otherwise available, set apart for the ttse and benefit ot the Eastern Baud ot 
Cherokee Indians, in compensation for six years' service as principal chief ot 
said Eastern Band of Cherokee Indians. 

With an amendment as follows: 

Provided, nevertheless, That said Nimrod J. Smith, on payment ot the sum 
so aijpropriated, shall execute a release in full of all claims whatsoever 
agaiiist said band ot Cherokee Indians up to the date of the passage of this 
act. 

The SPEAKER. Is there objection to the present considera- 
tion of this date? 

Mr. KILGORE. Mr. Speaker, I would like to inquire why it 
is that the Cherokee Indians can not settle their own matter.s with 
this gentli?man, if he was their principal chief, and why the 
salary can not be paid to him by the consent of the Cherokee 
Indians"^ 

Mr. CRAWFORD. That is just what wo propose to do— to 
taki! the amount out of their own funds. 

Mr. KILGORE. Why do not they agree to it without coming 
to Congress? 

^l :•. CRAWFORD. They have no control ot the fund except 
by y-w Older of Congress. It is entirely under the control of 
Congress. 

Mr. KILGORE. Does this relate to the North Ciu-olina Cher- 
okee Indians'? 

Mr. CRAWFORD. Entirely. This is a trust fund set apart 
and placed to the credit of these Indians in the Treasury of the 
United States. 

Mr. KI.LGORE. Do thoy consent to this legislation? 

Mr. CRAWFORD. Certainly, by an act of their council. 

Mr. KILGORE. Then 1 do not object to it. 

The SPEAKER. Is there objection to the present considera- 
tion of the bill? 

There was no objection. 

The amendment recommended by the committee was agreed to. 

The bill as amended was ordered to be engrossed and read a 
third time; and being engrossed, was accordingly read the third 
time, and passed. Vii'tfiai 

On motion of Mr. CRAWFORD, a motion to recoflmePfhe" 
last vote was laid on the table. 

TIMBER-CULTURE LAWS. 

Mr. PICKLER. Mr. Speaker, I ask for the immediate "con- 
sideration of the bill (H. R. 7691) to amend an act entitled "An 
act to repeal timber-culture laws, and for other purposes." 

The bill was read for information. 

The SPEAKER. Is there objection to the present considera- 
tion of this bill? 'kti^ ^ h& 

Mr. OUTHWiWTE. Has that bill been reportedTavorably 
by any committee ot the House. 

Mr. PICKLER. Yes. 

Mr. AMERMAN. Mr. Speaker, I object. 

FORTIFICATIONS APPROPRIATION BILL. 

Mr. BRECKINRIDGE of Kentucky, from the Committee 
on Appropriations, reported a bill (H. R. 9923) making appro- 
priations for fortifications and other works of defense, for the 
armament thereof, for the procurement of heavy ordnance for 
trial and .service, and for other purposes; which was read a first 
and second time, and, with the accompanying report, ordered to 
be printed, ajid referred to the Committee of the Whole House 
on the state of the Union. 



Mr. BRECKINRIDGE of Kentucky. Mr. Speaker, I desire to 
give notice that I will call that bill up on the 5th day of January. 

Mr. BURROWS. Mr. Speaker, if it is necessary, I wish to 
reserve all points of order. 

The SPEAKER. The gentleman from Michigan [Mr. Bur- 
rows] reserves all points of order on tlie bill. 
INCOME TAX. 

Mr. OTIS. Mr. Speaker, I desire to offer the resolution which 
I send to the Clerk's desk, and I ask unanimous consent for its 
present consideration. 

The resolution was read, as follows: 

Zlesolved, That the Committee on Ways and Means are hereby instructed 
to consider and report back to the House at an early date House bill T300, re- 
ferred to said committee March 14, 1893, being "A bill to equalize the burdens 
of taxation by creating graduated income tax." 

The SPEAKER. Is there objection to the present considera- 
tion of the resolution? 

Mr. SPRINGER. I object to it. 

The SPEAKER. The Clerk will call the committees for re- 
ports. 

DISTINGUISHING FLAGS AND SYMBOLS ON UNITED STATES 

VESSELS. 

Mr. COOMBS, from the Committee on Interstate and Foreign 
Commerce, reported back with an amendment the bill (H. R. 
9803) for the protection of distinguishing flags and symbols used 
on vessels of the United States; which was referred to the House 
Calendar, and, with the accompanying report, ordered to be 
printed. 

BOARD OF WATER COMMISSIONERS OF ERIE, PA. 

Mr. AMERMAN, from the Committee on the Public Lands, re- 
ported back with an amendment the bill (H. R. 9S26) granting 
rights and privileges to the board of water commissioners of the 
city of Erie, Pa.; which was referred to the Committee of the 
Whole House on the state of the Union, and, with the accom.- 
panying report, ordered to be printed. 

LOCATION OP LAND SCRIP BY ACTUAL SETTLERS. 

Mr.McRAE, from the Committee on the Public Lands, reported 
back favorably the bill (H. R. 5111) supplementary to the act of 
Congress approved January 28, 1879, entitled "An act defining 
the manner in which certain land scrip may be assigned and 
located or applied by actual settlers, and providing for the issue 
of patents in the name of the locator or his legal representatives;" 
which was referred to the Union Calendar, and, with the ac- 
companying report, ordered to be printed. 

FINAL ADJUSTMENT AND SETTLEMENT OF CLAIMS OF AR- 
KANSAS AND OTHER STATES. 

Mr. McRAE, from the Committee on the Public Lands, report- 
ed back with amendments the bill (H. R. 9072) to finally adjust 
and settle the claims of Arkansas and other States under the 
swamp-land grants, and for other pur])oses. 

The bill and amendments were ordered to be printed. 
BRIDGE ACROSS THE ST. LAWRENCE RiVER. 

Mr. GEARY, from the Committee on Interstate and Foreign 
Commerce, reported back, as a substitute for the bill H. R. 9005, 
a bill (H. R. 9930) for the construction and maintenance of a 
bridge accross the St. Lawrence River; which was ordered to 
be printed. 
MASONIC MUTUAL RELIEF ASSOCIATION OF THE DISTRICT OF 

^ COLUMBIA. 

Ml'. HEARD, from the Committee on the District of Columbia, 
reported back with an amendment the bill {8.2946) to amend 
an act entitled "An act to incorporate the Masonic Mutual Re- 
lief Association ot the District of Columbia,'' approved March 3, 
1869; which was referred to the House Calendar, and, with the 
accompanying report, ordered to b3 printed. 

CAPITOL, NORTH O STREET AND SOUTH WASHINGTON RAIL- 
WAY COMPANY. 

_^Ir. HEARD, from the Committee on the District of Columbia, 
I'eported back with an amendment the bill (S. 2852) to change 
the name of the Capitol, North O Street and South Washington 
Railway Company; which was referred to the House Calendar, 
and. with the accompanying report, ordered to be printed. 

The call of committees for reports was concluded. 
ORDER OF BUSINESS. 

The SPEAKER. The morning hour begins at twenty-two 
minutes past 12 o'clock. 

APPOINTMENTS, RESIGNATIONS, ETC., IN THE CENSUS OFFICE. 

Mr. ALDERSON. Mr. Speaker, I rise to a privileged ques- 
tion. I desire to call up a resoltition, which is entitled to con- 
sideration. It is a resolution introduced by myself on June 6. 

The SPEAKER. The gentleman will send up the resolution. 



1892. 



CONGRESSIONAL RECORD— HOUSE, 



191 



Ml-. ALDERSON. It was referred to the Committee on the 
Eleventh Census, and has not yet been reported back. 
The rosolution was read, as follows: 

Segolved, That the Secretary o£ the Interior be requested to furnish to this 
House a statement, showing— 

First. The names of all persons who have resigned from service In the 
Eleventh Census since and before November 4. 1890: the place of residence of 
each of such persons; when apjrolnted as claimed by him or her: the com- 
pensation paid to each while in service; how long each of such persons was 
in service; when the service began and ended in each case, and who recom- 
mended the appointment in each case. 

Second. Also a statement showing same facts as to persons discharged 
from said Bureau before and since November 4, 1890, and the cause of such 
discharge in each case. 

Third. Also a statement showing names of all persons appomted to omce 
or employment in the Census Bureau before and since November 4, 1890; the 

Elace ot residence of; each of such persons: when appointed as claimed by 
im or her; the compensation paid to each; when the appointment was made 
in each case ; upon whose recommendation ; which of the appointees are 
still in service, and the cause of any discharge made of appointee. 

The SPEAKER. The gentleman from West Virginia calls 
up this resolution. 

Mr. ALDERSON. Mr. Speaker, I am informed by the chair- 
man of the subcommittee investigating the Census Office that 
tho informatioa called for in that resolution is desired by the 
subcommittee, and I hope the House will adopt the resolution. 

Mr. DINGLEY. Is unanimous consent asked for tho consider- 
atioa of this resolution? 

Tho SPEAKER. The Chair understands that this is a reso- 
lution of inquiry to a head of a Department which had been 
referred to a committee — at what date? 

Mr. ALDERSON. On June 6. 

The SPEAKER. And it is called up because the committee 
failed to report it within a week under the rule. Clause 4 of 
Rule XXII provides : 

4. All resolutions of inquiry addressed to the heads of Executive Depart- 
ments shall be reported to the House within one week after presehtation. 

Mr. DINGLEY. And more than a week has elapsed. 

The SPEAKER. The gentleman suggests that the resolution 
was introduced on the 6th of June. 

Mr. ALDERSON. I again desire to say, Mr. Speaker, that I 
am informed by tho gentlemaufrom Illinois [Mr. Pithian], chair- 
man of the subcommittee having in charge the investigation of 
the Census Office, that the information called for in that resolu- 
tion ia desired by that subcommittee, and that it is really neces- 
sary it should be had. 

The resolution was agreed to. 

©RDER OF BUSINESS. 

The SPEAKER. The morning hour begins at twenty -sis min- 
utes past 12 o'clock, and the Clerk will call the Committee on In- 
dian xVffairs. 

Mr. OUTHWAITE. Mr. Speaker, the Committee on Military 
Affairs comes before the Committee on Indian Affairs,- and Ide- 
sii'e to call up the business of that committee. 

The SPEAKER. The Committee on Military Affairs was 
passed over without prejudice, and the gentleman from Ohio has 
the right to call up business of that committee, if he desires to 
do so. 

DRILL REGULATIONS. 

Mr. OUTHWAITE. Mr. Speaker, I call up Senate joint reso- 
lution No. 112, to print and bind 1,000 copies each of the Drill 
Regulations for Infantry, Cavalry, and Artillery. 

The joint resolution was read, as follows: 

Iit:^olved, by the Senate and House of Representatives, etc,. That the Public 
Printer be, and he is hereby, authorized and directed to pi'int from the stereo- 
type plates and bind 1,000 extra copies each of the Drill Regulations for 
Iniantry, Cavalry, and Artillery, and sell the same at the cost price thereof 
to such persons connected with the militia or National Guard of the States 
and others as may require their use. 

Mr. OUTHWAITE. Mr. Speaker, this joint resolution ismade 
necessary by the great demand coming up from officers of the 
militia and of the National Guard for copies of these regulations. 
Wo have printed a sufficient number for the use of the Army, 
but not enough to supply the demand coming from the officers 
of the militia and the National Guard of the several States. They 
are adopting the tactics of the regular Army, and it is necessary 
for them to have tliese books. The joint resolution provides 
simoly for printing the books from the plates already in existence 
so that they may be sold to these officers. The House commit- 
tee have thought proper to recommend that the number be in- 
creased to 2.0U0'copies of each, and I offer that amendment. 

The amendment was agreed to. 

The Senate joint resolutionas amended was ordered to a third 
reading; and it was accordingly read the third time, and passed. 

The title was amended so as to conform to the amendment, 

MILITARY POST, FORT WAYNE, MICH. 

Mr. OUTHWAITE. Mr. Speaker, I call up Senate bill No. 
9S;j, to provide for the enlargement of the military post at Fort 
Wayne, Mich. The bill is on the House Calendar. 



The bill was read, as follows : 

Be it enacted, etc.. That to enable the Secretary of War to enlarge the mill 
tary post at Fort Wayne, Mich., he is hereby authorized to accept, free ot 
cost to tho United States, such tract of laud adjoining the post of Fort Wayne 
as in his judgment shall be woUadapted and in all raspects suitable for mili- 
tary purposes: Provided. That tho title shall have been declared valid by the 
Attorney-General of the United Stales. • 

Sec. 2. That in acquiring land for the enlargement ot the military post ot 
Fort Wayne, the Secretary of War Is authorized to proceed as pro\'lded in 
acquiring land tor the enlargement of the military post at Plattsburg, N. 
Y., by act approved March 3, 1891. 

Mr. OUTHWAITE. This bill explains itself. It proposes to 
acquire without cost to the Government a tract of land adjacent 
to the Fort Wayne Post, near Detroit. Certain public-spirited 
citizens pi'opose to donate land for this purpose, and in order that 
no expense to the Government may be incurred, I think the 
amendment which I send to the desk should be added to the 
second section of tho bill. 

The amendment was read, as follows: 

Add to line 6, on page 2, the following: 

•' Provided, That said lands shall be acquired without cost to the United 
States." 

Mr. BLAND. Mr.- Speaker, I would like to ask the gentle- 
man what is the object of enlarging this military ^jost, and how' 
can it be done without cost to the Government ultimatelv? 

Mr. OUTHWAITE. As I stated before, this bUl is simply to 
accept certain lands adjacent to the Fort Wayne Post, which 
some public-spirited gentlemen propose to donate, so that in fu- 
ture if the Government desires to enlarge that post it can do so 
without cost. 

The bill does not carry, either directly or indirectly, any ap- 
propriation in this Congress. 

iir. BLAND. There is another section of the bill relating to 
a po.5t in New York. I understand. 

Mr. OUTHWAITE: That relates to tho method of proceeding 
by condemnation to acquire certain lands. There happens to 
be a small piece of land there which would probably interfere 
with tho post, and the bill provides i'orpi-oceeding by condemna- 
tion, but the conilemnation money is to be paid by these citizens. 

The amendment offered by Mr. OUTHWAITE was agreed to. 

Tho Senate bill as amended was ordered to a third reading; 
and it was accordingly read the third time, and passed. 

FORT BROWN, TEX. 

Mr. OUTHWAITE. Mr. Speaker, I call up the bill (H. R. 
904!)) to provide for the purchase of Port Brown, Tex. 

The bill was read, as follows: 

Be it enacted, etc.. That the sura ot }50,000 bo, and the same is hereby, appro- 
priated, out ot any money in tho Treasvu-y not otherwise aijpropriated, to 
enable the Secretary of War to acquire good and valid title for the United 
.States to the Fort Brown reservation, Texas, and to pay and extinguish all 
claims for the use and occupancy of said reservation: Provided. That no part 
of this sum shall be paid until a perfect title is vested in the United Stales; 
and the lull amount ot the price, including rent, shall be paid directly to tho 
owners of the property : Provided further. That the owners ot said property 
shall convey a perfect title ot the same to the United States, and also relin- 
quish all claims for the use and occupation ot said reservation within ninety 
days after the passage of this act. 

SEC. i. That all acts or parts ot acts in anys^ise conflicting with or contra- 
vening" the provisions of this act are hereby repealed. 

The SPEAKER. This bill is in Committee of the Whole. 

Mr. OUTHWAITE. I ask unanimous consent that the bill be 
considered in the House as in Committee of the Whole. While 
upon its face it makes an appropriation, the effect of the bill is 
really to reduce a former appropriation from $160,000 to 850,000. 

Mr. OATES. Is there a unanimous report to the committee 
in favor of this bill? 

Mr. OUTHWAITE. There is no minority report. 

Mr. LANHAM. Mr. Speaker, this relates to a military post 
in the Congressional district of my colleague, Mr. Chain, and I 
wish to ask the gentleman from Ohio whether tho bilttneets tho 
approval ot my colleague? 

Mr. OUTHWAITE. I can not answer that. I do not know 
that the gentleman's colleague appeai-ed before the committee 
in relation to it. I have an indistinct recollection that he did 
say that he had no objection to the bill, but I do not like to un- 
dertake to speak for him. 
■ Mr. LANHAM. What is the purport of the bill? 

Mr. OUTHWAITE. The purpose ot the bill is to reduce an 
appropriation made some years ago to pay the claimants $160,000 
for this proper!}', which appropriation has been held uji. The 
report of the committee shows the reasons for proposing at this 
time to reduce the amount to $.50,000. Not only is this bill re- 
ported by the present committee, but the Committees on Mili- 
tary Affairs in two previous Congresses reported in favor of re- 
ducing the amount to $50,000. 

Mr. LANHAM. Well, I do not know whether my colleague 
^^Ijiliulddaeesflling to have the bill considered in his absence. 
"^1 Mr. OU'mWAITE. I do not know as to that. The bill did 
not emanate from him, and he never gave the s;ibjcct any atten- 
tion before the committee that I am aware of, but 1 know of no 
objection on his part to this bill. 



192 



CONGRESSIONAL RECORD— HOUSE. 



December 17, 



The SPEAKER. Is there objection to the request of the gen- 
tleman from Ohio that this bill be considered in the House as 
in Committee of the Whole? 

There was no objection, and it was so ordered. 

Mr. OUTHWAITE. I yield five minutes to the gentleman 
from Indiana [Mr. HOLMAN]. 

Mr. HOLMAN. Mr. Speaker, I hardly think I ought to oc- 
cupy much time on this question, for my memory is not very 
fresh in regard to the facts of the transaction. But I may state 
that some years ago there was made on an appropriation bill — per- 
haps the sundry civil bill, and perhaps it was in the Forty-eighth 
Congress, though I am not certain as to that— an appropriation 
of $l(iO,00;» to pay for thj lands occupied by the Government at 
Fort Brown, Tex. It was late in the session when the measure 
passed, and it was not carefully examined; indeed, it underwent 
no examination at all at the time it passed the House. I was 
then a member of the Committee on Appropriations. Soon 
afterward mv attention was called to the fact that it was obvious 
the appropriation was unreasonably large: that the property was 
worth a comparatively small sum, and that $40,000 or $50,000 
would be fully up to the value of the property and the amount 
duB for occupation from 1847. 

Accordingly, at the very next session of Congress, after the 
making of that appropriation of $160,000, an investigation was 
set on foot. I believe that in three successive Congresses the 
subject has been investigated, and that the Committee on Mili- 
tary Affairs in each Congress has uniformly i-eached the conclu- 
sion that an appropriation of the amount I have just stated was en- 
tirely unwarranted and unjustifiable; that an appropriation of 
$50,000, including the amount due for occupation of the ground 
since the time of the Mexican war, would be very ample. 

As I have said, there have been three reports to this effect by 
the Committee on Military Affairs in throe different Congresses. 
I myself examined the subject very carefully some years ago and 
reached the conclusion that, the amount which should be paid 
was comparatively small. The bill proposing to appropriate 
$.50,000, and annulling the balance of the judgment was origi- 
nally reported, I believe, three Congresses ago. I think this bill 
is a proper one and ought to become a law. 

I wish to state further the very important fact that the Secre- 
tary of War has not paid out this money. It is very true that 
the title of the land was in dispute for some two or three years; 
blit since the title has been adjusted the Secretary of War has 
declined to order the payment of this money— I presume upon 
the grounds expressed in the reports heretofore made, although 
I am not certain about that fact. At any rate the money has 
never been paid, although the appropriation was made many 
years ago. 

Mr. OUTHWAITE. I move the previous question. 

Mr. CULBERSON. Before the gentleman presses the demand 
for the previous question I wish to ask him whether this bill 
covers the claims of the owners of the land for use and occupa- 
tion. 

Mr. OUTHWAITE. This bill is intended to make full pay- 
ment for the title of the land, if the parties can give a good title, 
and also for the occupation. 

Mr. CULBERSON. My understanding was that the claim for 
use and occupation was more than $50,000, the ground having 
been occupied ever since the Mexican war. 

Mr. OUTHWAITE. Well, the bill, as I have said, covers the 
claim for occu2"iation as well as compensation for the title. The 
language is — 

That the sum ot JBO.OOO be appropriated out of .any money in the Treasury, 
etc., to enable the Secretary of War to obtain a good and valid title .and ex- 
tinguish all claims for the use and occupancy of said reservation. 

The previous question was ordered; and under the operation 
thereof the bill was ordered to be engrossed for a third reading; 
and it was accordingly read the third time, and passed. 

On motion of Mr. OUTHWAITE, a motion to reconsider the 
last ^-Qte was laid on the table. 

NUMBER AND EXPENSES OF SIGNAL CORPS. 

Mr. OUTHWAITE. The bill (H. K. 9S9(i) to reduce the num- 
ber of officers in and the expenses of the Signal Corps of the 
Army has not been reported from the committee; but I ask unani- 
mous consent that I be now permitted to report it and call it up 
for action. 

The SPEAKER. After the bill has been read the gentleman's 
request will be put to the House. 

The bill was read. 

Mr. PICKLER. I object. 

The SPEAKER. This bill, not having been heretofore re- 
ported, can not be considered now without unanimous consent; 
and the gentleman from South Dakota [Mr. Pickler] objects. 

MUSTER AND PAY OF OFFICERS AND ENLISTED MEN. 

Mr. OUTHWAITE. I call up the bill (H. R. 6649) to extend 



the provisions of an act to provide for the muster and pay of cer- 
tain officers and enlisted men of the volunteer forces. 

The SPEAKER. This bill is on the Union Calendar. 

Mr. OUTHWAITE. I ask unanimous consent that the bill be 
considered in the House as in Committee of the Whole. 

Mr. KILGORE. I object. 

Mr. OUTHWAITE. I move, then, that the House resolve itself 
into Committee of the Whole on the stats of the Union for the 
consideration of the bill. 

The motion was agreed to. 

The House accordingly resolved itself into Committee of the 
Whole House on the state of the Union. Mr. O'Neil of Massa- 
chusetts in the chair, and proceeded to the consideration of the 
bill (H. R. 6649) to extend the provisions of an act to provide for 
the muster and pay of certain officers and enlisted men of the 
volunteer forces. 

The bill was read, as follows; 

Bi' a enacted^ etc.^ That the provisions of an act 1o provide for the muster 
and pay of cert.aln officers and enlisted men of the volunteer forces, approved 
June 4, 1S81, as amended by an act aiiproved Februj'.ry fi. 1K87, be, and the same 
are hereby, revived and extended for a period of three years from the 3d day 
of June, 189;;. 

Mr. OUTHWAITE. Mr. Speaker, this hill is designed sim- 
ply to extend the limitations of an act passed heretofore, and 
which was in force for a period of five years, I believe. On the 
3d of February, 1887, an act to provide for the muster out and 
pay of certain officers and enlisted men of the volunteer forces 
was approved. The first section of said act was amended on the 
3d of February, 1887. The second section of that act remains as 
follows: 

That the heirs or legal representatives of any oflicerwnose muster into the 
service has been or shall be amended hereby shall be entitled to receive the 
arrears of pay due such officer, and the pension, if any, authorized by law, 
for the grade into which such officer is mustered under the pro\-ision3 of 
this act. 

The fourth section remains as follows: 

That the pay and allowances ot a rank or grade i^aid to and received by any 
military or naval officer in good faith for services actually performed by such 
officer in such rank or frrade during the war of the rebellion shall not be 
charged to or recovered back from any such officer because of any defect in 
the title of such officer to the office, rank, or grade in which such services 
were actually so performed. 

The act expired by limitation on the 3d day of June, 1892; and 
it appears that there are still outstanding manj- claims as just as 
are those which have been alrestdy adjudicated and in many in- 
stances have been paid under the law cited. This arises from 
the fact that persons interested had not heard of the existence of 
the law giving them relief. Applications are now being made 
and presented to the Department for its action by those who have 
recently become acquainted with these conditions. 

The claims yet to be i)resented are as just and meritorious as 
those which have been already passed upon, and for that reason 
the committee arc of opinion that the act should be extended 
and the Government not take advantage of the statute of lim- 
itations as to this portion of the officers, when it has already rec- 
ognized claims similar to these and adjudicated and paid them 
to other officers. 

Mr. LIVINGSTON. Does the gentleman state that that is the 
only thing the extension will cover? Is that all that is in it? 

Mr. OUTHWAITE. That is all that is in it. It is simply to 
extend these provisions of that law. 

Unless some gentlemen wishes to discuss the bill I will ask 
unanimous consent to close debate upon it. 

There was no objection. 

Mr. OUTHWAITE. I move that the committee rise and re- 
port the bill to the House with a favorable recommendation. 

The motion was agreed to. 

The committee accordingly rose; and the Speaker having re- 
sumed the chair, Mr. O'Neil of Massachusetts reported that the 
Committee of the Whole House on the state of the Union having 
had under consideration the bill (H. R. (i64'.>) had directed him 
to report it back with a favorable i-ecomraendation. 

Mr. LIVINGSTON. Let us have the report read. 

Mr. OUTHWAITE. I had intended calling the previous 
question; but i have no objection to the report being read if the 
gentleman wishes it. 

The report (by Mr. Rockwell) was read, as follows : 

The Committee on Military Affairs, to whom was referred the bill (H. R. 
CC49) to extend the provisions of an act to provide for the muster and pay of 
certain officers and enlisted men of the volimteer forces, submit the iollow- 
ing: 

On February 3, 18,s~, an act to provide for the muster out and pay of cer- 
tain officers and enlisted men of the volunteer forces was approved. 

The first section of said act was amended February 3, 1887. The second 
section remains as follows: 

'■That the heirs or legal representatives of any officer whose muster into 
the service has been or shall be amended hereby, shall be entitled t') receive 
the arrears of pay due such officer, and the pension, if any, authorized by 
law for the grade into which such officer is mustered under the proWslons 
of this act." 

The fourth section remains as follows: 

•That the pay .and allowance of a rank orgrade paid to and received by any 



1892. 



CONGRESSIONAL RECORD— HOUSE. 



209 



Mr. DINGLEY. And itcau not be repaid, having been covered 
into the Treasury. 

lilr. CAUSEY. It can not be paid for that reason. 

Mr. DINGLEY. Is the amount covered by the bill the amount 
of the fine? * 

Mr. CAUSEY. The amount of $]00 is retained by the Treas- 
ury out of the total amount of the fine. 

Mr. DOCKERY. Has it been reported by a committee of the 
House? 

Mr. CAUSEY. Yes, sir; favorably. 

There being no objection, the bill was considered, ordered to 
a third reading; and, being read the third time, was passed. 

On motion of Mr. CAUSEY, a motion to reconsider the last 
vote was laid upon the table. 

CITADEL ACADEMY, CHARLESTON, S. C. 

Mr. BEAWLEY. Mr. Speaker, I ask unanimous consent for 
the preseut consideration of the bill (S. 2981) for the relief of the 
Citadel Academy, of Charleston, S. C. 

The bill was read, as follows: 

Be it enacted, etc.. That the Secretary of War be, and ho Is hereby, author- 
ized and directed to relieve the Citadel Academy of the State of South Caro- 
lina, at Charleston. S. C, from all money responsibility for so niiich of the 
ordnance and ordnance stores issued to said Citadel Academy under its bond 
dated May 8, isiil, as was destroyed by Are on March 14, 1893. 

The SPEAKER. Is there objection to the present considera- 
tion of the bill? 

Mr. BELTZHOOVER. May I inquire of the gentleman from 
South Carolina the amount of value involved in this proposition? 

Mr. BRAWLEY. I think it is only a few hundred dollars, 
though I am not able to state the exact amount. There were 
some guns loaned by the General Government to the Citadel 
Academy for the use of the students, which were destroyed by 
fire. I am not able, however, to state the exact amount. 

Mr. BELTZHOOVER. Has the gentleman no means of in- 
forming the House of the amount covered by the bill? 

Mr. BRAWLEY. I have not, sir, except what is set forth in 
the report. I do not think it will exceed a thousand dollars, 
though. 

Mr. BELTZHOOVER. I think we ought to have some knowl- 
edge as to the amount involved. 

Mr. BRAWLEY. It would be safe to state that it would not 
exceed a thousand dollars. These were old guns which were 
loaned to the students and destroyed by fire in the academy. It 
is precisely similar to a bill passed at this session for the relief 
of the University of Missouri. 

Mr. BELTZHOOVER. Is there any report from the Depart- 
ment upon it? 

Mr. BRAWLEY. I have in my hand the report of the com- 
mittee, which will explain the matter. 

Mr. BELTZHOOVER. I hope it will be read. 

The report (by Mr. BuNN) was road, as follows: 

The Committee on Claims, to whom was referred the bill (S.2981) for the 
relief of the Citadel Academy, Charleston, S. C, beg leave to report: 

Your committee have carefiUly considered the same and adopt the Senate 
reixtrt. which is as follows: 

■■The Committee on Military Affairs, to whom was referred the bill (S. 3981) 
for the relief of the Citadel Academy, of Charleston, S. C. , having considered 
the same, report as follows: 
■ •■On the 14th of March last the Citadel Academy of the State of South Caro- 
lina, at Charleston, was partially destroyed by fire, ;ind among other prop- 
erly consumed were certain arms and equipments issued by the War De- 
partment to that institution under existing laws. The tire occurred without 
fault on the part of the officers of the academy, and there was no insurance 
on the articles referred to. 

'•This bill a'athorizes the Secretary of War to relieve the academy from 
all money responsibility for the articles destroyed underitsbond, dated May 
8, 1891. 

■ • The bill is in the form of an act passed at the present session of Congress 
for the relief of the University of Afissouri, the facts in that case being sub- 
stantially the same as in this. 

••Your committee attach hereto a communication from the War Depart- 
ment in relation to this subject, and recommend the passage of the bill." 

Ordnance Office. War Depabtmest, 

Washington, D. C, April 21, lS9t. 
Sir; I have the honor to return herewith a letter from the superintendent 
of the South Carolina Military Academy and the affidavits which accom- 
panied it. Some time ago an effort was made to relieve one of the colleges 
from responsibility for arms destroyed by fire. The Chief of Ordnance rec- 
ommeuded that this should be done, and his recommendation was approved 
by the Secretary of War. It was discovered subseciuently. however, that 
relief could not thus lie given, and that the only method of obtaining it was 
by act of Congress. I inclose a copy of an act recently passed for a similar 
purpose, with the name of the college and dates changed to correspon-d with 
the case referred to by Mr. Coward. 

Very respectfully, your obedient servant, 

CHARLES SHALER, 
Captain, Ordnance Department, U, 8. A., Acting Clue/ of Ordnance, 
Hon. M. C. Butler, 

United Slutex .lenate. 

There being no objection, the bill was considered, ordered to 
a third reading: and, being read the third time, was passed. 

On motio:. jf Mr. BRAWLEY, a motion to reconsider the 
last vote '.vas laid on the table. 



THOMAS CHAMBERS. 

Mr. STEPHENSON. Mr. Speaker, I ask imanimous"cbnsent 
for the present consideration of the bill (S. 1095) for the relief 
of Thomas Chambers. 

The bill vfas read, as follows: 

He it enacted, etc. , That the -Secretary of the Treasiury be, and ho is hereby, 
directed to pay, out of any money in the Traasiu-y not otherwise approiwl- 
ated. to Thomas Chiimbcrs, oi Mackinac, Mich., the sum of S:i,i)ai.55, In 
full compensation for the additional expenses incurred bv him iu c:irrylnE 
the Canada malls, as contractor ou route numbered "2^141:1, from Sault. 
de Ste. Marie, Mich., to M;icldnac, Mich., from .Inly 1, 1875, to June 30, 1879, 
Inclusive, he having contracted to carry United Slates malls only. 

The .SPEAKER. Is there objection to the present considera- 
tion of this bill? 

Mr. DOCKERY. Mr. Speaker, let us have the report read, 
subject to objection. 

The report (by Mr. Byrns) was read, as follows: 

ThoCom.uitteeon Claims, to whom was referred the bill (S. lODS) for the 
relief of Thomas Chambers, beg le.avo to report the same with the recom- 
mendation that it do pass. 

A similar bill was favorabl.v reported by your cominllteo in the Filly-first 
Congress, and has also ijassed the Scn;ite this session, and report No. !i, m:vde 
by Senator McMillan, from the Committoo on Post Omcos and Po:.l-Koads, 
so fully sets forth the facts that your committee adopts the same and makes 
it a part of this report. 

Your committee fiu'thor recommend that H. R. 3148 lie upon the table. 

[Senate Report ^o. 9, Fifty-second Congress, first session.] 

A bill similar to this under consideration was introduced at the first ses- 
sion of the Fifty-first Congress and received a unanimously favorable report 
from this committee. That report is now adopted by your committee, and 
is as follows : 

■■This is a bill to reimburse Thomas Chambers, of Mackinac Island. Mich., 
for losses sustained by him as contractor ou mall route No. '34413, from Mack- 
inac to Sault Ste. Marie, Mich., for the four years ending June 30, 1879. 

■■In response to the invitation of the Post-Offlco Department, made In Oc- 
tober, 1874, for bids tor carrying the m;iil on this route, the claimant tiled his 
proposal in conformity with the departmental Instructions, and bis bid of 
lfI,G75 was accepted. The contract was completed, and at the desi•,^l:ned time 
he entered upon the service. In the course of events the weight of his mail 
matter waslai-gcly increased by foreign mall put np at Windsor. Canada, in 
tlirough pouches, to be delivered on the border at Sault Ste. Marie, and it 
Wiis incumbent upon the United States to transport this mail in piu'suance 
of a postal arrangement concluded subsequent to the execution of ihe con- 
tract between this claimant and the Dopartmeut. Th.'re was nothing in the 
in\'it:ition to bid nor in the contract itself coutemnlatiug this extra .service. 

" The Department avers that the claimant ■ made oath that in bidding tor 
the work he did so with full knowledge of the distance of the route, weight 
of mail to be carried, and all the particulars in reference to the route and 
service.' He w.as obliged to do this under the forms prescribed, neverthe- 
less he did it with the full knowledge of the facts, knowledge derived from 
experience in carrying the mail over this same route as subconlr;ictor or em- 
ploye when there was but one pouch to carry, when its weight was light, and 
it could be transported with the use of dogs or one saddle horse. 

•'Again, the Department refers to certain stipulations cont.ained in the con- 
tract as to • celeri ty. certainty,aud security.usiug therefor such means as mav 
be necessary to transport the whole of said mail, whatever may be its size, 
weight, or increase during the term of the contract.' These again are the 
usual and formal stipulations, but in enumerating them the Department 
concedes that the contract contained no clause relative to carrying foreign 
mail; that it was not until 1883 that such clauses were inserted 'in contracts. 
Plainly no such extra servic3 was contemplated bv either party to this con- 
tract, and ospeciaily by the party of the second p;vrt. 

••This man made his bid in gool faith. His practical experience convinced 
him that he could fulfill his obligation without loss to himself or injury to 
his bondsmen. His estimate was based ui;on the cost of employ lug oao man 
and one horse to carry one pouch. He knew that there could be no local in- 
crease. It came, but not by reason of any circuuistance that he could have 
foreseen. It came In the form of foreign mall, not contemplated by the 
terms of the contract, as the Post-Offlce Dep.artment admits; and it tripled 
his service, his expenses, his responsibility. 

■•In the opinion of the committee this case does not involve a mere ques- 
tion of technicality. It is one of equity and justice. Even by the terms of 
the contract the Department did not hold an advantage whereby it could de- 
mand this extra service for which there was no adequate compensation. 

"If the Department, as it is assumed, has not the power to reimburse this 
man, it is the imperative duty of Congress to do it. 

" The bill is reported favorably, -with a recommeadation that it do pass." 

The SPEAKER. Is there objection to the present considera- 
tion of the bill ? 

Mr. HOLMAN. Mr. Speaker, I hope if the bill comes before 
the House, it will be with the understanding that there shall be 
an explanation of it. 

The SPEAKER. The Chair hears no objection. 

Mr. BUTLER. I would like to have a little explanation of 
this bill befo-.e action is taken thereon. I have some views in 
regard to it, but would like to hear from those in favor of the 
bill first. I do i.ot wi.sh to yield the floor, but if some gentleman 
can explain the point of this bill, I would like to hear the ex- 
planation, and I v.-ill viold time for that purpose. 

The SPEAKER. The bill is before the House. The gentle- 
man from Iowa [Mr. Butler] has the floor, andean yield time if 
he wishes to. 

Mr. BURROWS. Mr. Speaker, I understand the gentleman 
from Missouri [Mr. ByrnsJ made the report in this case, but is 
not present. I will say to the gentleman from Iowa [Mr. BuTLER] 
that if he listened to the readingof the report he would bcfully 
advised as to the nature of the claim. The gentleman will ob- 
serve that the last House pass.^d this bill, and the bill has also 
[lassed the Senate in the present Congress. It is now unani- 
mously reported by the Committee on Claims of this House. It 



XXIV- 



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210 



CONGRESSIONAL EECORD— HOUSE. 



DECEaffiEE 19, 



will be seon thereloro tliat the bill has passed both bodies at 
diffei-ent times. 

The gcntlemaa will observe, if he listened to the report, that 
this contract was for carrying the mails at a time when they 
were of a domestic character entirely and required only one 
horse and one man for their transportation. Subsequently, after 
the contract was lot and the contractor entered upon the per- 
formance of the duties involved, the mails were heavily in- 
creased by the addition of Canadian mails, so that he was obiig-ed 
to triple the expense incurred by him in carrying the mails, 
thereby incurring a loss of about $3,000 actually expended to 
carry out his contract. This bill, which has passed the Senate 
and been reported unanimously by the committee in this House, 
is to reimbursj him. It was also reported unanimously in the 
last Congress, as I understand, by the Committee on Claims. 

Mr. GATES. Would it not be a rather dangerous jorecedent 
to establish if we should isass this bill? Do you, not suppose 
there are a great many contractors who lose money by their con- 
tracts, and could they not with equal propriety come here and 
ask to be reimbursed for their losses? 

Mr. BURROWS. ' I do not think it would be dangerous. We 
could consider each case by itself. 

]NIr. GATES. Is there any precedent already established? 

Mr. BURROWS. I do not know and have no interest in 
knowing whether there is any precedent or not. If this man's 
services were increased by the obligations imposed upon him 
subsequent to the making of the contract, so that he is really 
out the $3,000, it seems to me, as a matter of equity, as the com- 
mittee say in their I'cport, he ought to bo reiml^ursed. 

Mr. GATES. But is it not simply a case of a bad contract on 
his part, which he asks Congress to make good? 

Mr. BURROWS. No. When he made the contract he sup- 
posed there were no mails to be carried except our domestic mails. 
Subsequently the service was increased by these foi'eign mails. 

Mr. GATES. His compensation ought to have been increased 
then. 

Mr. BURROWS. That is what this bill is for. 

Mr. GATES. But the increase ought to have been made by 
the Department, and not here. 

Mr. BUTLER. Mr. Speaker, this bill is one the particulars 
of which I understand something about, and I wished to get the 
explanation in order that I might bo sui-e that it was the case 
that I have in mind. This foreign mail which is said to have 
been increased under this contract was increased by an arrange- 
ment with Canada in 1873, whereby the mail from Sault Ste. 
Marie, Canada, was carried over this route from Sault Ste. 
Marie to Mackinac. That was in 1873. This man Chambers 
made his contract in 1875, two years later, it being a conti-act for 
four years, whereby ho was to carry the mail from Sault Ste. 
Marie, via Stephensourg and St. Ignace, to Mackinac, a distance 
of 56 miles, three times a week, the route being numbered 24387; 
but the next year, the 14th day of July, 1876, the contract was so 
changed that the mail, instead of going over the whole line dur- 
ing the timothat navigation was open, only went from St. Ignace, 
Mich., to Mackinac, a distance of 6 miles. 

The Department then reduced the amount that was to be paid 
in the sum of $761.36. The original contract was $1,675. This 
reduction of the amount of work to be done made a reduction in 
the iirice, and he received after that $913.64. He was i^aid one 
month's extra pay on account of the reduction. Now that was 
the mail that he carried. He carried this during the four years 
of his contract, and then the next man who took it, who was 
Hawkins Taylor, of Washington, took the contract for carrying 
the same mail at $23.64 less than the other man had been carry- 
ing it for during the four years. 

And now he comes hero, after another contractor carried it for 
four years for less than he did, and asks to be reimbursed for 
money he claims to have expended in excess of his contract. 

Mr. DOCKERY. Do I understand the gentleman from" Iowa 
to say that the present contractor carried this mail for $23.64 
less than the claimant in this case? 

Mr. BUTLER. I can not say anything- about the present con- 
tractors. I know that the party, Thomas Chambers, had a con- 
tract to carry the mail from 1875 to 1879, and that his successor, 
Hawkins, Taylor, carried it from 1879 to 1883 for $23.64 less an- 
nually than Thomas Chambers carried it. It was a moderate 
mail, and the only material increase was an increase made two 
years before this Chambers had this contract at all. 

Mr. DOCICERY. Then the succeeding contractor in fact car- 
ried the mail for less than the beneficiary in this bill? 

Mr. BUTLER. Yes; for less than Chambers carried it. 

Mr. HEARD. Less than this man absolutely received. 

Mr. BUTLER. Yes: and there is no reason whatever why 
he should be paid this increased compensation. I know the route 
very well, having been over it, and it is simply because of that 
fact that my attention was first called to it. There is no report 



from the Post-Office Department concerning it. They do not 
recommend its payment, and because there was no such recom- 
mendation I looked up the case and found the facts as I have 
stated. There is no justification for the claim, and this man 
ought not to receive one single dollar; and furtker than that, he 
was paid one month's salary more than he contracted for. 

Mr. DOCKERY. Tfiat seems to be clear. 

The question was taken on ordering the bill to be read the 
third time, and the Speaker announced that the "noes"' seemed 
to have it. 

Mr. STEPHENSON. Division. 

The House divided, and there were— ayes 22, noes 60. 

Mr. STEPHENSON. No quorum. 

The SPEAKER. The gentleman from Michigan[Mr. Steph- 
enson] makes the point that no quorum has voted. The Chair 
will appoint as tellers the gentleman from Michigan [Mr. 
Stephenson-] and the gentleman from Iowa [Mr. Butler]. 

The House again divided, and before the result was an- 
nounced 

Mr. STEPHENSON said; Mr. Speaker, I withdraw the point 
of no quorum, and ask that the bill go over until some other time. 

The SPEAKER. The point of no quorum being withdrawn, 
the " noes" have it, and the House refuses to allow the hill to be 
read the third time. 

LATE ENSIGN D. F. TERRELL. 

Mr. HOOKER of Mississippi. Mr. Speaker, I ask for the pres- 
ent consideration of the bill which I send to the Clerk's desk. 
The bill was read, as follows; 

A bill (.S. 570) to provide for the removal ol the remains ol the late Ensign 
D. F. Terrell, United States Navy, from Sitka, Alaska, to his home In the 
State of Mississippi. 

Be it enacted, etc., That the Secretary of the Navy be, and he Is herebv, au- 
thorized to make stich arrangements as he may deem necessary and proper 
for the removal from .Sitka, Alaska, to Crystal Sprlng.s, Copiah Comit y , Miss. , 
of the remains of the late Ensign D. F. Terrell, United States Navy, who died 
on board the United .States steamer Plnta at Sitka, Alaska, on the 1.5th of 
April, 1891 ; and such expense as may be necessarily incurred thereby shall 
be paid out of any moneys in the Treasurynot otherwise appropriated upon 
duly certified bills therefor. 

Mr. HOOKER of Mississipi. Mr. Speaker, the report accom- 
panying this bill is a unanimous report from the Committee on 
Naval Afi'airs. 

Mr. BURROWS. It is all right. 

Mr. HOLMAN. I think, Mr. Speaker, that the report ought 
to be read. 

Mr. HOOKER of Mississippi. Very well, let it be read. 

Mr. HOLMAN. I have no objection to the bill. 

The report (by Mr. Page of Maryland) was read, as follows: 

The Committee on Naval Affairs, to whom was referred the bill (S. 570i 
providing for the removal of the remains of the late Ensign D. i'. Terrell, 
United .States Na^-y, from Sitka, Alaska, to his home in the State of Missis- 
sippi, have had the same under consideration and beg leave to report it 
back and reciaumend its passage, for the reasons stated in the report from 
the Committee on Naval Affairs in the Senate of the United States and the 
letter of the Secretary of the Navy, dated the 23d day of February, 18D2, 
heremth appended. 

[Senate Report No. 377, Fifty-second Congress, first session.] 
The Committee on Naval jVflairs, to whom was referred the bill (S. 570) 
providing for the removal of the remains of the late Ensign D. F, Terrell,. 
iJnlted States Navy, from Sitka, Alaska, to his home in the State of Missis- 
sippi, have liad the same under consideration and beg leave to report it back 
and recommend its passage, your committee concm-ring in the view held by 
the Secretary of the Navy in this case, as per letter of the 23d of February, 
1893, herewith appended. 

NAVY Departmekt, Washington, February 23, ims. 
Sik; Referring to your letter ol the 2d instant, inclosing a copy of Senate 
bill No. !i70, '• to provide for the removal of the remains of the late Ensign D. 
F. Terrell. United StatesNavj-, from Sitka, Alaska, to his home in th-o State 
of Mississippi," and requesting the opinion of this Department as to the 
merits of the bill. I have tlie honor to state that while, imder the provisions 
of .section 15S7 of the Revised Statutes, the fimeral expenses of a naval officer 
who dies in the United States can not be allowed, it would seem that, in view 
of the great distance of the ports of Alaska from any other ports of the 
United States, and of the long sea voyage which must be made in returning 
from Sitka, the port at which Ensign Terrell died, the case is not substan- 
tially different from that of an officer who dies while on duty in a foreign 
port. 

Very respectfully, 

B. F. TRACY, Secretary of the Xavy. 
Hon. M. C. BUTLEB. 

Committee on Naval Affairs, United Slates Senate. 

The SPEAKER. Is there objection to the request of the gen- 
tleman from Mississippi ? 

Mr. REED. I would like to ask the gentleman from Missis- 
sippi if there is any provision by which the body of an Ameri- 
can officer dying abroad can be brought to the United States? 

Mr. HOOKER of Mississippi. There is a statute on that sub- 
ject to-day. The remains of an officer are allowed to be brought. 
Irom abroad, but as Alaska is a Territory, though very distant 
from the United States, that statute would not apply in this 
case. This ofBcer was buried in the ice and mountains, and we 



1891 



CONGRESSIONAL RECORD— SENATE. 



225 



W. Robinson and 38 other citizens of Bourbon County; of D. N. 
"Caldwell and 19 other citizens of Sumner County; of A. Birnie 
and 19 other citizens of Crawford County; of J. M.Johnson and 
21 other citizens of Bourbon County: of William Bailey and 20 
other citizens of Butler County; of J. McAllister and 40 other 
citizens of Sedgwick County; of C. M. Garrison and 19 other 
citizens of Sedgwick County: of A. H. McKee and 22 other citi- 
zens of Sedgwick County: of W. Ives and 18 other citizens of 
Montgomery County; of J. A. Friend and 43 other citizens of 
Sedgwick County: of Charles Baldwin and 19 other citizens of 
Laljotto County; of Jno. W. Summers and other citizens of Chau- 
tauqua County, all in the State of Kansas, and of A. A. Liggett 
and 23 other citizens of Pettis County, Mo., praying for the ap- 
pointment of a Senate committee to investigate the combine 
formed to depreciate the price of grain, and asking for the post- 
ponement of the Washburn-Hatch antioption bill until such com- 
mittee shall report; which were i-eferred to the Committee on 
Agriculture and Forestry. 

He also presented the petition of E. H. Lamb and other citizens 
of Chautauqua County, Kans., praying for the passage of legisla- 
tion regulating speculations in fictitious farm products; which 
was ordered to lie on the table. 

Mr. COKE. I present four petitions, numerously signed by 
citizens of Texas, exactly like those presented and explained by 
the Senator from Massachusetts [Mr. Dawes.] 

The petitions praying for the appointment of a Senate com- 
mittea to investigate the combine formed to depreciate the price 
of grain, and now existing between the elevators, millers, and 
railroads at Minneapolis, Minn., and St. Louis, Mo., and asking 
for the postponement of the Washburn-Hatch antioption bill 
imtil such committee shall report, were referred to the Com- 
mittee on Agriculture and Forestry, as follows: 

Petition of Peter J. O'Neil and 18 other citizens, of Worth, 
Tex.; 

Petition of W. W. ^lorse and 1" other citizens, of San Antonio, 
Tex.; 

Petition of ,1. W. McGinniss and 21 other citizens, of Denison, 
Tex.; and 

Petition of W. C. Arthur and 22 other citizens, of Sabine 
County, Tex. 

Mr. 'coke presentad petitions of Joseph Wilson and other 
citizens of .Jacksonville; of George H. Unges and other citizens 
of Dennisou Springs; of J. H. Sillimen and other citizens of 
Nechesville, and of J. N. Singletary and other citizens of Pales- 
tine, all in the State of Texas, praying for the j^assage of the 
Washburn-Hatch antioption bill; which were ordered to lie on 
the table. 

Mr. BATE presented the petition of Marion D. Thomas and 
24 other citizens of Union County, Tenn., praying for the ap- 
pointment of a Senate committer; to investigate the combine 
formed to depreciate the iDrico of grain, and asking for the post- 
ponement of the Washburn-Hatfli antioption bill: which was 
referred to the Committee on Agriculture and Forestry. 

He also presented a petition of sundry citizens of Shelby 
County, Tenn., praying for tho passage of the Washburn-Hatch 
antioption bill; which was ordered to lie on the table. 

Mr. MILLS presented petitions of Claude M. Starnes and 20 
other citizens of San Antonio; of Charles H. Redferrand21 other 
citizens of Dallas; of H. G. Hogea and 23 other citizens of Gray- 
son, all in the State of Texas, praying for the appointment of a 
committee to investigate tho combine formed to depreciate the 
price of grain, and asking for the postponement of the Wash- 
burn-Hatch antioption bill; which were referred to the Commit- 
tee on Agriculture and Forestry. 

He also presented a memorial of 74 citizens of McKinney, 
Tex., remonstrating against the passage of the Washburn-Hatch 
antioption bill; which was ordered to lie on the table. 

He also presented a petition of 55 citizens of McLendons 
County, Tex., praying for the passage of the Washburn-Hatch 
antioption bill; which was ordered to lie on the table. 

Mr. WALTHALL presented memorials of J. H. Turner and 
other citizens of Belzoni; of W. R. Rife and other citizens of 
Columbus; of R. V. Powers and other citizens of Yazoo County; 
and of W. H. Madden and other citizens of Tchula, all in the 
State of Mississippi, remonstrating- against the passage of the 
Washhurn-Hatch antioption bill: whicli were ordered to lie on 
the table. 

He also presented a petition of the legislative committee of 
the National Grange of the Patrons of Husbandry, of Washing- 
ton, D. C, praying forthe early passage of the Washburn-Hatch 
antioption bill; which was ordered to lie on the table. 

He also presented petitions of citizens of Copiah County; of 
citizens of Claiborne County: of citizens of Flora; of citizens of 
Utica, and of citizens of Rankin County, all in the State of Mis- 
sissippi, praying for the postponement of tho consideration of 



the Washburn-Hatch antioption bill until the present cotton crop 
is marketed; which were ordered to lie on tho table. 

He also presented petitions of citizens of Macon, Miss., and of 
citizens of Pelahatchee, Miss., praying for the passage of the 
Washburn-Hatch antioption bill; which were ordered to lie on 
the table. 

Mr. TURPIE presented petitions of Westby M. McCiilchen 
and 20 other citizens of Peru: of D. C. Cunningham and 20 other 
citizens of Evansville: of John C. Strong and 10 other citizens 
of Lafayette; of Chai-les Coply and 20 other citizens of Knox 
County; of John S. Frick and 20 other citizens of Dubois County, 
and of Z. T. Graham and 20 other citizens of Albany, all in the 
State of Indiana, praying for the ajipointraent of a committee to 
investigate the combine formed to depreciate the price of grain, 
and asking for the postponement of the Washburn-Hatch anti- 
option bill until such committee shall report; which were re- 
ferred to the Committee on Agriculture and Forestry. 

He also presented a petition of tho Pastors' Club, of Albany, 
Ind., praying that no action be taken towards repealing the law 
closing the World's Columbian Exposition on S\mday: which 
was referred to the Committee on the Quadro-Ccntennial (Select). 
He also presented memorials of South Bend Lodge, No. 212, of 
South Bend, Ind., and of Falls City Lodge, No. 94, of Now Al- 
bany, Ind., of the International Association of Machinists, re- 
monstrating against the Government requiring machinists in 
charge of Government work at West Troy, N. Y., to run tv/o or 
more machines; which were referred to the Committee on Ap- 
propriations. 

Mr. PERKINS. I pres3nt a large number of petitions of citi- 
zens of Kansas of tho character pi-esentcd by the Senator from 
Massachusetts [Mr. Dawes]. 

I desire to say it is somewhat significant that all these peti- 
tions come to mo from tho city of St. Louis, Mo. 

The petitions, praying for the appointment of a Senate com- 
mittee to investigate the combine formed to depreciate the price 
of grain, and now existing between the elevators, millers, and 
railroads at Minneapolis, Minn., and St. Louis, Mo., and asking 
for tho postponement of the Washburn-Haioh antioption bill 
until such committee shall report, were referred to the Com- 
mittee on Agriculture and P'orestry, as follows: 

Petition of George Reed and 17 other citizens of Sumner County, 
Kans.; 

Petition of W. W. Dillard and 20 other citizens of Bourbon 
County, Kans.; 

Petition of James Anderson and 17 other citizens of Coffey 
County, Kans.; 
Petition of Mr. Knoff, of Leavenworth, Kans.; 
Petition of J. T. Limeburne and 33 other citizens of Topeka, 
Kans.; 

Petition of Marian Henderson and 17 other citizens of Jackson 
County, Kans.; 

Petition of J. J. Osier and 21 other citizens of Sedgwick County, 
Kans.; 

Petition of W. P. Smart and 22 other citizens of Mason County, 
Ky.: 

Petition of Thomas H. Franklin and 23 other citizens of Law- 
rence. Kans.; 

Petition of T. B. Johnson and 23 other citizens of Shawnee 
County, Kans.: 

Petition of R. D. Holly and 19 other citizens of Sedgwick 
County. Kans.; 

Petition of Levy Benton and 19 other citizens of Sedgwick 
County, Kans.; 

Petition of K. D. Doyle and 22 other citizens of Sedgwick 
County, Kans.: 

Petition of C. P. Neff and 20 other citizens of Sedgwick 
County, Kans.; 

Petition of H. C. Rollins and 23 other citizens of Woodson 
County, Kans.; 

Petition of William Riley and 19 other citizens of Woodson 
County, Kans.: 

Petition of J. B. Gillard and 22 other citizens of Montgomery 
County, Kans.; 

Petition of W. S. Evans and 21 other citizens of Montgomery 
County, Kans,; 

Petition of Clark Bailey and 20 other citizens of Coffey County; 
Kans.; 

Petition of A. G. Allen and 17 other citizens of Crawford 
County, Kans.; 

Petition of C. G. Lance and 21 other citizens of Crawford 
County, Kans.; 

Petition of J. N. Fricky and 19 other citizens of Sumner County, 
Kans.; 

Petition of F. Golehe and 19 other citizens of Lahetta County, 
Kans.; 



XXIV 



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226 



CONGRESSIONAL EECORD— SENATE. 



Deceimbee 20, 



Petition of P. J. Konyon and 43 other citizens ^of Bourbon 
County, Ivans.; 

Petition of H. M. Logan and 17 other citizens of Butler County, 
Kans.; 

Petition of B. F. Bradley and 20 other citizens of Crawford 
County, Kilns.; and 

Petition of William H. Ranson and 20 other citizens of Sedg- 
wick County. Kans. 

Mr. PEIUvINS presented the petition of Andrew .1. Arnett, 
of Farlington. Kans., praying that he may be granted an in- 
crease of pension ; which was referred to the Committee on Pen- 
sions. 

Mr. HANSBKOUGH presented petitions of H. J. Rue and 2.3 
other citizens of Cass County; of C. B. Rice and 23 other citi- 
zens of Cass County: and of l'\ A. Richardson and 23 other citi- 
zens of Richland County, all in the State of North Dakota, pray- 
ing for the appointment of a Senate committee to investigate 
the combine formed to depreciate the price of grain, and asking 
for the postponement of the Washburn-Hatch antioption bill; 
which were referred to the Committee on Agriculture and For- 
estry. 

Mr. SAWYER presented petitions of Henry C. Wachter and 
10 other citizens of Wisconsin, and of the congregaj^m i | Qf the 
Evangelical Lutheran Church of Clinton, Wis., praymlfTDr the 
passage of the Washburn-Hatch antioption bill; which were or- 
dered to lie on the iable. 

He also presented a memorial of the Chamber of Commerce 
of Milwaukee. Wis., r^-monstrating against the passage of the 
Washburn-Hatch antioption bill; which was ordered to lie on 
the table. 

Mr. MITCHELL presented a petition of citizens of the State of 
Oregon, praying for an extension of time for final entry and pay- 
ment for lands embraced in the forfeiture act of September 29, 
18ii0, and before that time granted to the Northern Pacific Rail- 
i-oad Company and lying in the State of Oregon, to all those per- 
sons who were at the lime of the passage of such forfeiture act 
and who now are entitled to purchase the same; which was re- 
ferred to the Committee on Public Lands. 

He also presented a memorial of citizens of Pleasant Home, 
Oregon, remonstrating against a commitment of the United 
States Government to a imion of religion and the state, by the 
passage of any legislation closing the World's Columbian Ex- 
position on Sunday; which was referred to the Committee on 
the Quadro-Centennial (Select). 

He also presented the petition of Robert Williams, sergeant 
of ordnance. United States Army, of Vancouver Barracks, 
Washington, praying for the passage of legislation authorizing 
his appointment as a second lieutenant of infantry in the Army 
and his retirement as of that grade; which was referred to the 
Committee en Military Affairs. 

Mr. JONES of Arkansas. I present sundry petitions in printed 
form, with printed indorsements on the back, each of them in 
about the same language. They are the petitions of J. W. 
Chamblee and 2] other citizens of Jefferson County; of R. D. 
Logan and 20 other citizens of Benton Coiuity, and of W. M. 
Bailey and 21 other citizens of Jackson County, ail in the State 
of Arkansas, praying for the appointment of a Senate committee 
to investigate the combine formed to depreciate the price of 
grain, and asking for the postponement of the Washburn-Hatch 
antioption bill until such committee shall report. 

I move that the petitions be referred to the Committee on 
Agricultui-e and Forestry. 

The motion was agreed to. 

Mr. JONE.S of Arkansas presented the petition of Amanda 
Ellington, of Magazine, Ark., widow of Capt. William J. Elling- 
ton, who served as chief of scouts with the Third Division, 
Seventh Army Corps, praying that a special pension act be 
passed in her behalf ; which was referred to the Committee on 
Pensions. 

Mr. CALL presented a petition of citizens of Escambia, Fla., 
members of the medical profession, praying that an appropria- 
tion of $43,983 be made to assist in defraying the expenses of the 
Pan-American Medical Congress, to be held in Washington, D. 
C, September 5, 6, 7 and 8, 1893 ; which was referred to the Com- 
mittee on Appropriations. 

Mr. HALE pi-esented a petition of Central Grange, Patrons of 
Husbandry, of Foxcroft, Me., praying for the passage of the 
Washburn-Hatch antioption bill; which was ordered to lie on 
the table. iSb^^^— 

He also presented a jietition of the Maine State Board of Trade, 
praying for the passage of legislation providing for the consoli- 
dation of second, third, and fourth class mail matter under the 
second-class rating; which was referred to the Committee on 
Post-OfSces and Post-Roads. 

Mr. ALDRICH presented a petition of citizens of Rhode 
Island of African descent, praying for equal recognition with 



white citizens in the World's Columbian Exposition; which was 
referred to the Committee on the Quadro-Centennial (Select). • 
Ho also pressnted a petition of the Baptist churches of New- 
port, R. I., praying for the passage of legislation closing the 
World's Columbian Exposition on Sunday; which was referred 
to the Committee on the Quadro-Centennial (Select). 

PRESIDENTIAL APPROVALS. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of hisscc.etaries, announced that the President 
had on the 16th instant approved and signed the following acts: 

An act (S. 1661 ) granting an increase of pension to John Hallam; 

An act (S. 139) terminating the reduction in the numbers of 
the Engineer Corps of the Navy; and 

An act (S. 1940) for the relief of R. B. Woodson. 

The message also announced that the President had yesterday 
approved and signed the act (S. 2G12) granting a pension to Ten- 
doy, chief of the Bannocks, Shoshones, and Sheepeater tribe of 
Indians. 

REPORTS OP COMMITTEES. 

Mr. McMillan, from the ComLuittee on the District of Co- 
lumbia, to whom was referred the joint resolution (S. R. 110) 
.a»nferring the control of the bridges in the District of Colum- 
bia on the Commissioners of the District of Columbia, reported 
it with an amendment, and submitted a repoi-t thereon. 

Mr. PASCO, from the Committee on Public Lands, to whom 
was referred the bill (S. 33Hi) ts restore the Fort Jupiter mili- 
tary reservation, in the State of Florida, to entry, reported it 
with amendments, and submitted a report thireou. 

Mr. HARRIS, from the Committee on the District of Colum- 
bia, to whom was referred the bill (H. R. 97.")8) to amend the 
charter of the Eckington and Soldiers' Home Railway Company 
of the District of Columbia, reported it with an amendment, and 
submitted a report thereon. 

Mr. JONES of Arkansas, from the Committee on Indian Af- 
fairs, to whom was referred the Joint resolution (S. R. 119) au- 
thorizing the Secretary of the Treasury to retain and cover into 
the Treasm-y certain moneys, etc., reported it without amend- 
ment. 

The VICE-PRESIDENT. The joint resolution willbe placed 
on the Calendar. 

Mr. JONES of Arkansas. There was a joint; resolution to the 
same effect, passed by the House of Representatives, which was 
a few minutes ago referred to the Committee on Appropriations. 
It there is no objection I should be glad to have that reference 
canceled and the joint resolution lie on the table. 

Mr. HALE. The reference was made at my suggestion. I 
have no objection to the course proposed by the Senator from 
Arkansas. 

Mr. PLATT. There is no objection to that, but I desire to 
say, as one member of the Committee on Indian Affairs, I do not 
concur in the report which has been made by the Senator from 
Arkansas upon the joint resolution. 

The VICE-PRESIDENT. The House joint resolution will be 
recalled from the Committoo on Appropriations and lie on the 
table, if there be no objection. The Chair hears none. 

Mr. MITCHELL, from the Committee on the Judiciary, to 
whom was referred the bill (S. .3537) for the relief of M. P. 
Deady, reported it with amendments, and submitted a report 
thereon. 

Mr. VEST, from the Committee on Commerce, to whom were 
referred the following bills, reported them severally without 
amendment: 

A bill (H.R. 9487) to amend an act approved April 22, 1890, 
authorizing the Natchitoches Cane River Bridge Company to 
construct and maintain a bridge across Cane River, in Louisiana; 

A bill (H.R. 8602) to authorize the construction of a bridge 
across the Mobile River by the Chicago, JNIobile and Gulf Ports 
Railroad Company; 

A bill (H.R. 9488) to amend an act approved March 2, 1891, 
authorizing the construction of a bridge across the Red River, 
Louisiana, by the Rapides Bridge Company, limited; and 

A bill (H.R. 5752) to amend an act approved August G, 1888, 
entitled "An act to authorize the construction of a bridge across 
the Alabama River." 

SAFETY OF METZEROTT HALL. 

Mr. MCMILLAN, from the Committee on the District of Co- 
lum15ia, who were instructed by resolution to report to the Sen- 
ate whatever information they may have received relating to 
complaints made concerning the safety of Metzerott Hall, sub- 
mitted a report thereon, which was ordered to be printed. 

LANDS IN THE DISTRICT OF COLUMBIA. 
Mr. GALLINGER. I am directed by the Committee on the 
District of Columbia, to whom was referred the bill (H. R. 6644) 



1892. 



CONGRESSIONAL RECORD— SENATE. 



221 



to amenil an act entitled 'vVn act authorizing the sale of title of 
the United States in lot 3 in square south of square 990," ap- 
proved March 3, 1891, to report it favorably, without amend- 
ment. Inasmuch as the bill is very brief and a similar Senate 
bill is on the Calendar reported by the same committee, I ask 
for the immediate consideration of the bill. _ 

After reading, the Senate, by unanimous consent, as in Com- 
mitteeof the Whole, preceded to consider the bill. Itproposos 
to amend the act by adding the following proviso: 

Provided. Tliat toe ronreyance authorize i aud "liractel.^y 'lif^ =\<'^?j,^ji 
be a quitclaim and rellnqmslimcnt oaly of any title that the United Stales 
mar have inand to sal.l lot, aud that m no event shall the United States be 
liable for any costs, expenses, damages, or taxes In relation to said lot, and 
that the Secretary ol the Interior be, and he is hereby, authorized and di- 
rected to so quitclaim, release, auc; convey the title of the United States in 
said lot to the said Baker & Sanborn upon the payment into the Treasury 
by them ot S3.200. 

The bill was report 3d to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

Mr. GALLINGER. I move that the bill (S. 3453) to amend an 
act entitled "An act authorizing- the sale of title of the United 
States in lot 3 in square south of scjuare 993, '' apju-oved March 
3, 1S91, be takea from the Calendar and indehnitely postponed. 

The motion was agreed to. 

PAY OF EMPLOYES. 

Mr. DAWES. I am instructad by the Committee en Appro- 
priations, to whom was referred the .ioint resolution ( H. Res. 170) 
k) pay the otScers and employes of the Ssnate and House of Rep- 
resentatives their respective salaries for the month of Decem- 
ber. 1892, on the 21st day of said month, to report it favorably, 
without amendment, and I ask for its present consideration. 

Ry unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the joint resolution. 

The joint resolution was reported to the Senate without amond- 
Dient, ordered to a third reading, read the third time, aud 
rassed. 

HOLIDAY KECESS. 

Mr. DAWES. I am instructed by the Committee on Appro- 
priations to report favorably the concurrent resolution of the 
House of Representatives providing for a holiday recess, and I 
ask for its pres.-nt consideration. 

The VICE-PRESIDENT. The concurrent resolution will be 
read. 

The concurrent resolution was read, as follows: 

In the House, Dfcamber 15, 1S92. 

Eesolvedby the House of Eepresentatlves {the Senate concurring^. That when 
the two Houses adjourn on Thursday, December 22. ttiey will stand ad- 
journed until Wednesday, January 4, 1S93. 

The VICE-PRESIDENT. Is there ohjection to the present 
consideration of the resolution^ 

Mr. SHERMAN. Let it go over for to-day. 

The VICE-PRESIDENT. Objection being made, the concur- 
rent resolution will go over. 

REPORT ON LABOR IN EUROPE. 

Mr. CHANDLER, from the Coramittes on Immigration, re- 
ported the following resolution; which was considered by unan- 
imous consent, and agreed to: 

Resolved, That the Secretary ot State be dii-ected to transmit to the Senate 
the report on the condition ot labor in Eiirorw recently made by Mr, Walter 
T. Griffin, United States commercial agent at Limoges, France. 

JOHN M.VLLOY. 

Mr. SAWYER. I am directed by the Committee on Pensions, 
to whom was referred the bill (H. R. 8907) to increass the pen- 
sion of John Malloy, to report it without amendment, and I ask 
unanimous consent that it may ho now considered. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It proposes to inei-oase 
the pension of John Malloy, late a seaman on the sloop-of-war 
Preble, in the war with Mexico, from $8 to $15 per month. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

SENATE PRIVILEGES AND ELECTIONS. 

Mr. HOAR. I am directed by the Committee on Privileges 
and Elections, who were instructed to cause to ba prepared for 
the use of the Senate a new edition of the bookentitled '' Senate 
Election Cases,'' with r.n addition in regard to the privileges of 
the Senate, to report that they have complied with the order of 
the Senate, and the same is olfered to the Senate for its accept- 
ance. I suppose the document will lie on the table and be printed. 

The PRESIDING OFFICER (Mr. HARRIS in the Chair). It 
will be so ordered. 

Mr. HOAR submitted the following concurrent resolution: 
which was referred to the Committee on Printing: 

Besolved by the Senate (the House of Uepresentatives concurring). That there 
be printed and bound, In addition to the usual number, 3,100 copies of the 



compilation entitled" Senate Privileges and Elections" prepared by the 
Committee on Privileges andElectionsimderresolutlouof the beuate passed 
Fcliiuary 2«. 18D1, of which 1,500 copies shall be for the use ot the Senate and 
1,600 copies tor the use ot the House of Representatives and 100 for the com- 
piler. 

REPORT OP COMMISSIONER OP FISH AND FISHERIES. 

Mr. MANDERSON, from the Committee on Printing, to whom 
was referred the following concurrent resolution, submitted by 
him on the loth instant, reported it without amendment, and it 
was considered by unanimous consent, and agreed to: 

lUsolved bij the Senate {fh-: House of liepresentativts concurring therein^. That 
the report ot the Commissioner ot Fish and Fisheries, covering the opera- 
tions ot the t;ommlssion tor the iiscal year ending Juno 30, 181)2, be printed; 
and that there be printed 8,000 extra copies, of which 2.(X)> shall be tor the use 
of the Senate, 4,0OJ for the use ot the House ot Kepresentatives, aud 2,000 tor 
the use of the Commissioner of Fish and Fisheries; the illustrations to be 
obtained by the Public Printer under the dli-ectioa of the Joint Committee 
on Printing. 

BILLS INTRODUCED. 

Iilr. BATE introduced a bill (S. 3611) to amend tho record o£ 
Cajit. Thomas H. Reeves, United States Army, retired; which 
was read twice by its title, and. with tho accompanying papers, 
referred to the Committee on Military Affairs. 

Mr. DAWES introduced a bill(S.3til2) for the relief of Henry 
M. Everest, late a private of the Fifteenth Battery, Massachu- 
setts Artillery Volunteers; which was read twice by its title, and 
referred to the Cimmitteo on Military Affairs. 

Mr. CAMERON introduced a bill (3.3013) amending section 
1-U3 of the Revised Statutes of the United States; which was 
read twice by its title, and referred to tlio Committee on Naval 
Affairs. 

He also introduced a bill (S. 3814) authorizing the Secretary of 
tho Navy to make certain rules and regulations in relation to the 
naval rendezvous in April next, and for other purposes; which 
was read twice; by its title, and referred to tho Committee on 
Naval Affairs. 

He also introduced a bill (S. 3615) amendatory of an act making 
appropriations for the naval service for the fiscal year ending 
Juno 30, 1893, and for other purposes, approved July 19, 1892; 
which was read twice by its title, and referred to the Committee 
on Naval Affairs. 

He also introduced a bill (S. 36115) for the relief of Lieut. T.R. 
Kennedy, Company P, Ninth Pennsylvania Reserves: which 
was read twice by its title, and referred to the Committee on 
Military Affairs. 

Mr. CULLOM introduced a bill (S. 3617) concerning the tes- 
timony of witnesses belore the Interstate Commerce Commission; 
which was road twice by its title, and referred to the Committee 
on Interstate Commerce. 

He also introduced a bill (S. 3618) to amend an act entitled 
'•An act to regulate commerce," approved February 4, 1887; 
which was read twice by its title, and i-eferred to the Committee 
on Interstate Commerce. 

Mr. DAWES introduced a bill (S. 3619) for the relief of Na- 
thaniel McKay; which was read twioj by its title, and referred 
to the Committee on Claims. 

Mr. PROCTOR introduced a bill (S. 3820) to amend the act 
of Congress of February 12, 1887, entitled "An act to amend 
section 1061 of the Revised Statutes, making an annual appro- 
priation to provide arms and equipments for the militia;" which 
was read twice by its title, and. with the accompanying paper, 
referred to the Committee on Military Affairs. 

He also introduced a bill (S. 3621) to reduce the number of offi- 
cers in and the expanses of the Signal Corps of thj Army; 
which was read twice by its title, and referred to the Committee 
on Military Affairs. 

Mr. DAVIS introduced a biU (S. 3622) for the relief of Anna 
W. Osborne; which was read twice by its title, and referred to 
the Committee on Claims. _— ,^,* 

Mr. McMillan introduced a bill (S. 3623) to amenj^lha-a«*refS!«C 
ot March 3, 1873, for the relief of the Columbian University, in 
the District of Columbia; which was read twice by its title, and 
referred to the Committee on the District of Columbia. 

Mr. PERKINS introduced a bill (S. 3624) to pay Thompson Mc- 
Kinley $375 for service voucher issued to him during the late 
war by Capt. George W. Harrison, assistant quartermaster, 
United States Army; which was read twice by its title, and re- 
ferred to the Committee on Military Affairs. 

He also introduced a bill (S. 3625) granting an honorable dis- 
charge to Walter ISIitchell; which was read twice by its title, 
and referred to the Committee on Military Affairs. 

Mr. PLATT introduced a bill (S. 3626) granting a pension to 
Mrs. Honora Hennessey; which was read twice by its title, and 
referred to the Committee on Pensions. . 

He also introduced a bill (S. 36:i7) granting a pension to Brit- 
ton Brant; which was read twic3 by its title, and referred to the 
Committee on Pensions. . , ,., 

Mr. WARREN introduced a bill (S. 3628) donatmg to the county 



228 



CONGRESSIONAL RECORD— SENATE. 



December 20, 



of Laramie, Wyo., certain bridges on the abandoned Fort Laror 
mie military reservation, and for other jjurposes; which was 
read l\vic3 by its title, and referred to the Committee on Public 

Mr. 'sHERMAN introduced a bill (S. 3029) to extend to the 
North Pacific Ocean the provisions of the statutes for the pro- 
tection of fur seals and other fur-bearing animals; which was 
I'ead twice by its title, and referred to the Committee on Foreign 
Relations. 

He also introduced a bill (S. 3G30) for the relief of Nicholas 
Krier and others; which was read twice Ijy its title, and, with 
the accompanying papers, referred to the Committee on Military 
Affairs. 

He also introduced a bill (S. 3031) granting a pension to Irvin 
B. Wright; which was read twice by its title, and referred to 
the Committee on Pensions. 

Mr. MANDERSON introduced a bill (S. 3632) to equalize the_ 
pay of officers of the Navy; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Naval AtTaivs. 

He also introduced a bill (S. 36.33) to remove the charge of de- 
sertion from the military record of George W. McCloughan,lato 
of Company B, Second United States Cavalry; which was read 
twice by its title, and. with the accompanying papers, referi-ed 
to the Committee on Military Affairs. 

Mr. TELLER introduced a bill (S. 3634) to provide for build- 
ing and maintaining an Indian industrial school at Unalaska, 
Alaska; which was read twice by its title, and referred to the 
Committee on Military Affairs. 

Mr. STOCKBRIDGE introduced a bill (S. 3635) granting a 
pension to Mrs. John G. Mallery; which was read twice by its 
title, and, witii the accompanying paper, I'eferred to the Com- 
mittee on Pensions. 

Mr. PADDOCK introduced a bill (S. 3630) granting a pension 
to Mrs. Attie Grubb; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

He also introduced a bill (S. 3637) granting an increase of pen- 
sion to John Grady, which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. HALE introduced a bill (S. 303S) for the relief of N. J. 
Coffin; which was read twice by its title, and, with the accom- 
panying paper, referred to the Committee on Military AtTairs. 

Mr. ALDRICH introduced a bill _(S. 3G39) granting a pension 
to Alice Warren; which was read twice by its title, and, with the 
accompanying paper, was referred to the Committee on Pen- 
sions. 

He also introduced a bill (S. 3640) granting a pension to Eliza 
A. Fiske; which was read twice by its title, and, with the accom- 
panying paper, referred to the Committee on Pensions. 

He also introduced a bill (S. 3641) granting a pension to Sarah 
M. Phillips; which was read twice by its title, and, with the ac- 
companying paper, referred to the Committee on Pensions. 

Ho also introduced a bill (S. 3642) granting a pension to Hon- 
ora Breslin; which was read twice by its title, and, with the ac- 
companying paper, referred to the Committee on i^ensions. 

Mr. CAREY introduced a bill (S. 3643) to provide for the dis- 
posal of the FortBridger abandoned military reservation in the 
State of Wyoming; which was read twice by its title, and i-e- 
ferred to the Committee on Military Affairs. 

Mr. HANSBROUGH introduced a bill (S. 3644) for the relief 
of the families of certain Indian policemen who were killed dur- 
ing the engagement at Sitting Bull's camp, on Grand Rivi-r, 
December 15, 1890, and for the relief of Alexander Middle, who 
was wounded in said engagement; which was read twice by its 
title, and referred to the Committee on Indian Affairs. 

He also introduced a bill (S.3645) granting medals to certain 
Indian policemen of the Standing Rock Agency, N. Dak.; which 
was read twice by its title, and referred to the Committee on 
Iijdian Affairs. 

McMillan introduced a joint resolution (S. R. 124) 
directing ihe Secretary of -War to investigate the subject of raft- 
towing on the Great Lakes and their connecting waters; which 
was rt ad twice by its title, and referred to the Committei on 
Commeico. 

REGENTS OF SMITHSONI.A.N INSTITUTION. 

Mr. MORRILL. I introduce a joint resolution and ask for its 
present consideration. 

The joint resolution (S. R. 123) to fill vacancies in the Board 
of Regi-'nts of the Smithsonian Institution was read the first time 
by its title and the second time at length, as follows: 

Hesolird by the Senate and House of Representatives, etc.. That the vacancy in 
the Board of Kegeuts ol the .Smithsonian In-6titution of the class other tiian 
members of Congress, shall be nilecl by the reappointment of James B. An- 
gell, of Michigan, whose term of offlce expires on January 19, 1893. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the joint resolution? 



Mr. VEST. What is the measure? 

Mr. MORRILL. It is a joint resolution providing for the re- 
appointment of President Angell to the Board of Regents of the 
Smithsonian Institution. 

Tliei'e being no objection; the Senate, as in Committee of the 
Whole, proceeded to consider the joint resolution. 

The joint resolution was reported to the Senate withoutamend- 
ment, ordered to be engrossed for a third reading, read the 
third time, and passed. 

The VICE-PRESIDENT. In this connection the Chair ap- 
points the Senator from Delaware [Mr. Gray] to fill the va- 
cancy on the Board of Regents of the Smithsonian Institution 
caused by the death of the late Senator Gibson of Louisiana. 

HERBERT CUSHMAN. 

Mr. PALMER. I move that the vote by which the bill (S. 
1754) for the I'clief of Herbert Cushman was indefinitely post- 
poned be reconsidered with a view to its recDmmittal to the Com- 
mittee on Military Affairs. 

The motion to reconsider was agi-eed to by unanimous consent. 

The VICE-PRESIDENT. The bill will be recommitted in 
the absence of objection. 

COUNT OP ELECTORAL VOTES. 

Mr. TELLER. I submit a concurrent resolution for reference 
to the Committee on Privileges and Elections. 
The concurrent resolution was read, as follows: 
Ifesolved by ihe Senate {the House of lieju'esentatives concurrhuji, Th.it the 
two Houses of Congress shall assemble ia the Hall of the House of Represent- 
atives on Weduesday, the 8th day of February, 1893, at 1 o'clock iu the af ter- 
iioou, pursuant to the requirement of the Constitution and laws relating to 
the election of President and Vice-President of the United States, and the 
President of the Senate shall be the presiding oftlcer ; that two persons be 
appointed tellers on the part of the Senate, and two on the part of the Hcuse 
of Representatives, to make a list of the votes as they shall be declared; 
that the result shall ba delivered to the President of the Senate, who shall 
announce the state of the vote and the persons elected, to the two Houses 
assembled as aforesaid, which shall be deemed a declaration of the persoi .3 
elected President and Vice-President of the United States; and, togethtir 
with a list of the votes, be entered on the journals of the two Houses. 

Mr. TELLER. I should like to state that after examining tho 
statutes it seems to me that the statute executes itself. But this 
was the course pursued four years ago, and I thought it better 
to introduce the resolution and have it referred to the Commit- 
tee on Privileges and Elections, so as to take the opinion of the 
committee upon the subject. 

Mr. HOAR. I desire to say to the Senator from Colorado, the 
chairman of tho Committee on Privileges and Elections, that 
the provision of the Constitution that each House may prescribe 
the rules of its own proceeding has Ijeen sometimes thought to 
prevent Congre-is from enacting by law provisions for the direc- 
tion of either House as to the time or mode of its proceeding 
without the special assent of that particular House in the particu- 
lar Congress. Without suggesting for a moment that that is a 
sound view, the committee four years ago thought it the safer 
way, in a tnatter of such transcendent importance, to avoid that 
question by having the provisions of the statute also made a joint 
rule of the two Houses. 

The VICE-PRESIDENT. The concurrent resolution will be 
leferred to the Committee on Privileges and Elections. 

MRS. MARY A. MERRITT. 

Mr. DAVIS submitted the following resolution; which was 
referred to the Committee to Audit and Control the Contingent 
Expenses of the Senate: 

Resolved, That the Secretary of the Senate be, and he is hereby, authorized 
and directed to pay, out of the miscellaneous items of the contingent ftmd of 
the Senate, to Mrs. Mary A. Merritt, widow of John U. Merritt, deceased, 
late a messenger acting as assistant doorkeeper of the United States Senate, 
the sum of $900. b?ing au amount equal to six months* salary at the rate per 
anuum allowed by law to the aforesaid messenger acting as assistant door- 
keeper, said sum to be considered as Including the funeral expenses and 
all allowances. 

HEARINGS BEFORE COMMITTEE ON INDIAN AFFAIRS. 

Mr. DAWES submitted the following resolution; which was 
referred to the Committee to Audit and Control the Contingent 
Expenses of the Senate: 

Resolved, That the Committee on Indian Aff.iirs have authority for the 
employment of a steuogr.apher to report the heariu.g before said committee 
on the 16lh instant relative to payment of Indian depredation claims; also 
that said committee be authorized to employ a stenographer to report hear- 
ings before said committee whenever the committee shall so order; the ex- 
pense of sttch employment to be paid out of the contingent fund of the Sen- 
ate. 

INDIAN DEPREDATION CLAIMS. 

Mr. FAULKNER. I submit a resolution, and ask for its pres- 
ent consideration. 

The resolution was read, as follows: 

Resolved, That the Attorney-General be, and he is hereby, directed tore- 
port to the Senate the total number of Indian depredation claims already 
liled iu the Court of Claims, with the total amount claimed therein; the 
number of cases claimed as eutitled to priority of consideration and the . 
amount claimed therein; the number to which such consideration has been 
given and the amount claimed therein; and the number and amount of 



1892. 



CONGRESSIONAL RECORD— SENATE. 



:^33 



proceeded with immediately after the routine business to-mor- 
row morning. Is there objection? The Chair hoars none. 

SALE OF NAVY- YARD LANDS IN BROOKLYN. 

Mr. Mcpherson. Mr. President- 

The PKLZSIDING OFFICER. Does the Senator from Mas- 
sachusetts yield to the Senator from New Jersey? 

Mr. HOAR. Let my motion be considei-ed as having been in- 
formally waived. 

Mr. Mcpherson. I wish to ask for the immediate consid- 
eration of House bill 8760, Order of Business 11.53, a bill which 
will only take the time necessary to read it. It is a short but 
an important bill. 

Mr. HOAR. Let the bill be read for information. 

The PRESIDING OFFICER. The title of the bill will be 
stated. 

The Secretary. A bill (H. R.87G0) to provide for the sale of 
navy-yard lands in the citv of Brooklyn. 

The PRESIDING OFFICER. The Senator fi'om N.nv Jersey 
asks unanimous consent of the Senate that the bill, the title of 
which has been read, be now considered. Is there objection? 

Mr. HOAR. I desire to have the bill read at length for infor- 
mation. 

The PRESIDING OFFICER. The bill will bj read at length, 
subject to objection. 

The Secretary road the bill, and, by unanimous consent, the 
Senate, as in Committee of the Whole, proceeded to its consid- 
eration. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

SALE OF LANDS NEAR FORT MIFFLIN. 

Mr. HOAR. I now move that the Senate proceed to the con- 
sideration of executive business. 

The PRESIDING OFFICER. The hour of 2 o'clock having 
arrived, the Chair lays before the Senate the unfinished business, 
which is the bill (H.'R. 7845) dolining " options " and "futures," 
imposing special ta.xes on dealers therein, and requiring such 
dealers and persons engaged in selling certain products tJ obtain 
license, and for other purposes, pending which the Senator from 
Massachu.Hts moves that the Senate proceed to th ; considera- 
tion of executive business. 

Mr. CAMERON. With the consentof the Senator from Mas- 
sachuetts, I ask that the Senate take up at this time abill which 
has come from the House of Representatives, with amendments. 

The PRESIDING OFFICER. Does the Senator from Massa- 
chusetts yield to the Senator from Pennsylvania? 

Mr. CAMERON. The bill will take but a moment. 

Mr. HOAR. Very well. 

Mr. CAMERON. I ask that the amendments of the House of 
Representatives to Senate bill 3298 maybe laid before the Sen- 
ate', and that the amendments made by the House of Represent- 
atives be concurred in. 

The PRESIDING OFFICER laid before the Senate the amend- 
ments of the House of Representatives to the bill (S. 3298) au- 
thorizing the sale of land in the vicinity of Fort Mifflin on the 
River Delaware. 

The amendments of the House of Repi-esentatives were, in 
lino 1, after the words "Secretary of War," to insert "and the 
Secretary of the Navy;"' in the same line, after the word 
" being, ""^ to st:-ike out " is " and insert "are;" in line 3, to strike 
out the word " himself " and insert "themselves;" and in line 
13, after the words "Secretary of War," to insert "the Secretary 
of the Navy." 

The PRESIDING OFFICER. The question is on the motion 
of the Senator from Pennsylvania that the Senate concur in the 
amendments of the House of Representatives. 

The motion was agreed to. 

EXECUTIVE SESSION. 

Mr. HOAR. I move that the Senate proceed to the consid- 
eration of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After seven minutes spent 
in executive session the doors were reopened. 

DEALING IN "OPTIONS" AND "FUTURES." 

The PRESIDING OFFICER. The Senate, as in Committee 
of the Whole, resumes the consideration of the bill (H. R. 7845) 
defining "options" and "futures," imposing special taxes on 
dealers therein, and requiring such dealers and persons engaged 
in soiling such products to obtain license, and for other purposes. 
The pending question is upon the amendment proposed by the 
Senator from Virginia [Mr. Daniel], to strike out section 10. 

Mr. BLACKBURN. I move that the pending bill be laid aside, 
and that the Senate proceed at this time to the consideration of 
the bill (S. 2026) to authorize the New York and New Jersey 



Bi'idge Company to construct and maintain a bridge across the 
Hudson River between New York City and the State of New 
Jersey. 

The PRESIDING OFFICER. The Senator from Kentucky 
moves that the Senate proceed to the consideration of the bill 
indicated by him. 

Mr. WASHBURN. I rise to a parliamentary inquiry. If the 
motion of the Senator from Kentucky prevails, do I understand 
that the antioption bill would lose its place on the Calendar as 
unfinished business? 

The PRESIDING OFFICER. It the motion of the Senator 
from Kentucky prevails it would displace the unfinished busi- 
ness. 

Mr. BLACKBURN. Before making the motion, I will ask 
unanimous consent that the Senate now proceed to the consider- 
ation of the bill I have indica,ted. 

The PRESIDING OFFICER. The Senator- from Kentucky 
asks the unanimous consentof the Senate that the bill indicated 
by him be now considered, the unfinished business being infor- 
niallv laid aside. 

Mr. FRYE. f object. 

Mr. BLACKBURN. Then I rjnew my motion. 

The PRESIDING OFFICER. The Senator from Kentucky 
moves that the Senate proceed to the consideration of Senate 
bill 2026. 

Mr. FRYE. I hope the Senator from Kentucky will withhold 
the motion until after the holiday recess. 

Mr. BLACKBURN. I should like to know upon what ground 
that request is based. 

Mr. FRYE. I have just received 

The PRESIDING OFFICER. The Chair indulges this collo- 
quy by unanimous consent. The question pending is not a de- 
batable one. 

Mr. BLACKBURN. I underotand it, sir, and I do not desire 
to debate it. 

Mr. FRYE. I have a telegram dated December 19 

Mr. BLACKBURN. I object to any debate unless we are to 
be heard on both sides. 

Mr. WASHBURN. I call for the regular order, and demand 
the yeas and nays upon the motion of the Senator from Ken- 
tucky [Mr. Blackbukn]. 

Mr. BLACKBURN. I second that call. 

The yeas and nays wex-e ordei'td. 

Mr. BATE. I have just com ■ into the Chamber. Will the 
Ch lir let us know what we are to vote on? 

Th3 PRESIDING OFFICER. 'Iho Senator from Kentucky 
moves that the Senate proceed to the consideration of the liill (S. 
2ii2o) to authorize the New Yiirk and New Jersey Bridg,: Com- 
p;iny to construct and maintain a bridge across the Hudson River 
between New York City and the State of New .lersey. The ques- 
tion is. Will the Senate agree to the motion, upon which the yeas 
and nays have been ordered? The Secretary will call the roll. 

The Secretary proceeded to call the roll. 

Mr. VEST (when Mr. Cockrell's name was called i. My 
colleague [Mr. Cockrell] is absent on accovmt of afHiction in 
his family. He is paired with the Senator from Iowa [Mr. Al- 
lison). 

Mr. BERRY (when Mr. Ikbv'.-; name was called). The Sen- 
ator from South Carolina [Mr. Iruy] requested me to state 
that he was necessarily compelled to be at homo, and I under- 
stood him to say that he is in favor of the antioption bill, and 
would vote against the pending motion. 

Mr. PALMER (when his name was called). On this question 
I am paired with the Senator from South Dakota [Mr. Kyle]. 
I understand that if ho were present he would vote "nay" and I 
should vote "yea." 

Mr. QUAY (when his name was called). I have a g.meral 
pair with the Senator from West Virginia [Mr. Faulkner]. I 
am not aware of his opinion on the bridge bill, and I withhold 
my vote. 

Mr. DUBOIS (when Mr. Shoup'S name was called). My col- 
league [Mr. Shoup] s absent, having been appointed by the 
Vic'.!-President a member of the committee to attend the funeral 
(]f the late S;'nator Gibson, of Louisiana. 

iMr. WALTHALL (when his name was called). I am paired 
on this question with the Senator from Rhode Island [Mr. 
Dixon], who is absent on acc:)unt of illness in his family. It he 
were present, I should vol ; "nay." 

Mr. WILSON (when his name was called). I have a general 
pair with the Senator from Georgia [Mr. Colquitt]. I do not 
know how he would vote on the pending motion, and I therefore 
witlihold my vote. 

The roll call \.as concluded. 

Mr. CA.\IERON. lam paired with the Senator from South 
Carolina [i\[r. Butler]. Not knowing how he would vote, I 
withhold my vote. 



234 



CONGRESSIONAL RECORD— SENATE. 



Decembeh 20, 



Mr. HILL (after havins? voted in the affirmative). I am paired 
with the Senator from South Carolina [Mr. Irby] on the anti- 
option bill. I am told that the eiTcct of the pending- motion is 
to displace the antioption bill. I have no desire to do that. Pos- 
sibly I ought to withdraw my vote and not vote at all upon this 
question. I think I will withdraw my vote under the ciroum- 

The PRESIDING OFFICER. The Senator from New York 
withdraws his vote. 

Mr. WILSON. I am informed that the Senator from Georgia 
[Ml'. ColquittJ, if present, would vote "nay." I will therefore 
vote. I vote " nay." 

The result was announced yeas — 13, nays 41, as follows: 



AkU'icU, 
Bla-kbiun, 
Blod£,'ctt, 
Brief, 



Gibson. 
Gray, 
Harris, 
Huuton. 



AU.-n, 


-^ 


Dubois, 


Bate, 


^* 


Frye, 


Berry, 




Galliuger, 


Call, 




George, 


Casi'y, 


03 


Hale, 


Cliaiidler, 


03 


Hansbrough, 


Col.ie, 


Hiscock, 


CuUom, 


-^~t 


Hoar, 


Davis, 


o 


Jones of Ark. 


Da\ves, 


03 


McMillan, 


Dolph, 


to 


Manderson, 
NO 


Allison, 


o 

Lx. 


Faulkner, 


Butler, 


Felton, 


Cameron, 


Gordon, 


Carey, 


Gorman, 


Carlisle, 




Hawley, 


Cocln-ell, 




Higglus, 


Colqititt, 




Hill, 


Daniel, 




Irby, 


Dixon, 




Jones ot Nev. 



YEAS— 13. 

Mills, 
Sanders, 
Stewart, 
Vest, 

NAYS-41. 

Mitchell, 

Moi-gtin, 

MorrlU, 

Pasco, 

Pefl'er, 

Perkins, 

Piatt, 

Proctor, 

Pugh, 

Ransom, 

Sau-yer, 



NOT VOTING— 33. 

Kenna, 

Kyle, 

McPherson, 

Paddock, 

Palmer, 

Pettigrew, 

Power, 

Quay, 

Shotip, 



Vilas. 



Sherman, 

Stockbridge, 

Teller, 

Turpie, 

Vance, 

Washbcirn, 

Wilson. 

Wolcott. 



Squire, 

Stanford, 

Voorhees, 

Walthall, 

Warren, 

White. 



So the motion was not agreed to. 

The PRESIDING OFFICER. The pending question is on the 
amendment proposed by the .Senator from Virginia [Mr. Daniel] 
to strike out section 10. 

Mr. FRYE and Mr. MORGAN. Let it be road. 

Tlie PRESIDING OFFICER. The Secretary will read the 
amendment. 

The Secretai-y read the section proposed to bo stricken from 
the bill. 

Air. PALMER. Mr. President, I have no embarrassment in 
regard to my position on this measure. Dtiring my canvass for 
Senator in Illinois I was asked )niblicly by a botly which claimed 
to represent the farmei's of Illinois whether I would vote foi* a 
bill like this, and by a public letter, or a letter which was pub- 
lished, and in speeches made in various parts of the Stite I 
said no. 

The ojition clause, the first section of the bill, is much less sat- 
isfactory and comprehensive to my mind than the statute of Illi- 
nois on the same subject. We have in that State a well consid- 
ered statute which covers all and much more than the first 
section of this bill. The statute of Illinois does not attempt to 
deline options, but it is assumed in the statute that the word 
' 'option" is one that has a known legal signification, and deal- 
ing in options is prohibited and is punished in addition by ade- 
qtiate fines and penalties. 

I therefore said to those who asked me that there being a law 
in the State, a careful, well-considered statute, nothing more 
could be gained by mere legislation. It vva^ said to me by gen- 
tlemen who differed with mo tliat the lav,' of Illinois was not 
thoroughly enforced. I admitted that to be true, and I said, and 
say here, it is not wise to enact laws simply to be disregarded. 
I apprehend that this proposed law would like that be disre- 
garded, if it were free from any constitutional objection. 

I regret, Mr. President, this disposition on the part of the 
people, for it is .with them, and a disposition which I find echoed 
by their representatives in the States and in Congress, to mul- 
tiply criminal or penal statutes. It may be said, and ssems con- 
tradictory, too, to say it, that the enactment of a law which 
public opinion will not sustain and enforce is of itself demoral- 
izing. The example of the disregard of law is of itself an evil; 
it is demoralizing. Legislation, in my judgment, to be wise 
must be but the mere expression of the public will and supported 
by the ijublic conscience. 

If we are to believe the reports we have through the press, 
option dealing is regarded in most of the large cities as abso- 
lutely free from offense. I regret that it is so, but it is the case; 
and while that state of public sentiment exists it seems to mo to 
be unwise to multiply mere formal declarations, frequently dec- 
larations or claims made by the people without understanding 



them very clearly; and frequently laws of that sort are passed in 
the States and in Congress" from a mere suspicion that they are 
demanded by the people when really they are not. 

In view of a section of the pending bill to which I will refer, I 
regret that the definition of options in the bill is so imperfect 
and unsatisfactory. The twelfth section of the bill provides— 

That neither the payment of the taxes hereinbefore provided nor the 
certificate issued by the collector of internal revenue under this act shall be 
held to' exempt any person, association, cop.artncrship. or corporation from 
,auy penalty or punishment now or hereafter provided by the laws of any 
State or Territory for making, transferring, or assigning contracts or agree- 
ments such as are hereinbefore delined as " oi>tions " or "futures " contracts 
or agreements, or in any manner to authorize the maldug. transferring, or 
assigning ot such contracts or agreenienis within any State, Territory, or 
locality contrary to the laws of su.ch Stale, Territory, or locality; nor shall 
the payment of the taxes imposed by this act be held to prohibit any State, 
Territory, or municipality from placing a tax or duty on the same trade, 
transaction, or business for State, Territorial, municipal, or other purposes. 

I supposed that the options defined by the first section of the 
bill were transactions condemned by the laws of Illinois, and I 
was inclined to oppose the bill upon the ground that this excep- 
tion destroyed its uniformity. If the bill receives the construc- 
tion contended for by those who favor it, the section I have read 
dees destroy its uniformity, because its effect would be to take 
out of the operation of the bill all the States in which options 
are forbidden, as in many of the States, or futures, which are 
forbidden I believe by the laws of but one of the States of the 
Union. I am inclined to think from avery cursory examination 
that in the State of Georgia there is or was a law forbidding 
transactions in futures. 

But in examining this bill more carefully I am inclined to think 
that the options of the bill are not the ojjtions of the courts and 
the Legislatures. I am inclined to believe that the options of the 
bill are a harmless transaction which has never been made the 
subject of judicial or legislative discussion or reprehension. For 
the purpose of making -myself understood, I will read the first 
section: 

That tor the purposes of this act the word "options '' shall be rmderstood 
to mean any contract or agreement whereby a party thereto, or any party 
tor whom or in whose behalf such contract or .agreement is made, acquires 
the right or privilege, but is not thereby obligated, to deliver to another or 
others, at a future time or within a designated period, any of the articles 
mentioned In section 3 of this act. 

As I suppose contracts precisely such as are defined in this 
section are unknown in commerce it would be valueless; it would 
do no harm and no good. I know of no instance in which such 
contracts have been made. The options of the books and the law 
are contracts for the sale and delivery of articles at a future 
time with an express or implied agreement that particular 
articles are not to b.? delivered according to the contract, but 
that the differences between values at the two periods, the time 
of the sale and the time of the supposed delivery, are to be 
adjusted by the parties. Those are the options of the text-books. 

In this case nothing more is necessary, I suppose, to convict a 
party than that a contract or agreement shall be produced 
"whereby a party thereto, or any party for whom or in whose 
behalf such contract or agreement is made, acquires the right 
or ])rivilege, but is not thereby obligated to deliver to another 
or others, at a future time or within a designated period, any of 
the articles," which are named in section 'A. I suppose the essen- 
tial clement of options is entirely wanting in the definition of 
options furnished by the bill for its own purposes. The essen- 
tial element of an option, whether the contract is in the form of 
a privilege or in any other of the forms recognized in trade, is 
that there shall be an agreement or understanding, either ex- 
pressed in the contract or implied outside of the contract, that 
the difl'erenees in value shall be adjusted between the parties at 
the time fixed or at some time to be agreed upon. 

If there was an indictment under this section and a contract 
was shown in evidence whereby in addition to the privileges the 
party was obliged to deliver, I suppose that would satisfy the re- 
quirement of the proposed statute and would necessarily meet 
the charge of a violation of this bill if enacted ioto law. Itseems 
to me therefore that the section is of itself without meaning, and 
I am quite sure it is not covei-ed by any of the statutes of any of 
the States in which options are defined or punished. 

I wish to state, in addition, that options, as understood, are 
contrary to the laws of all the States, and if the bill did, in fact, 
define options, it might be said that it would have no operation 
in any State, because in every State, I believe (if there are any 
exceptions I do not know what the exception is), option con- 
tracts, wager contracts, are forbidden; I do not mean by stat- 
utes, but the courts have held them to bo wager contracts, con- 
trary to public policy and public morality; and in every instance 
the courts have refused to enforce them. I think that is the hiw 
of all the States in the Union. 

If, then, the first section did in fact define the options to which 
I refer, options within the meaning of tlie laws or the wager 
contract which is condemned by laws and by judicial decisions, 



1892. 



CONGRESSIONAL RECORD— SENATE. 



259 



der, erippl';d son of a Revolutionary soldier — to the Committee 
on Pensions. 

By Mr. RUSSELL: A bill (H. R. 99.88) granting a pension to 
Sarah "Warner — to the Committee on Invalid Pensions. 



PETITIONS, ETC. 

Under clause 1, Rule XXII, the following petitions and papers 
■were laid on the Clerk's desk and referred as follows: 

By Mr. BELTZHOOVER: Four petitions of York, Pa., one of 
the United Brethcrn Congregation, the second of the Calvary 
Pi-esbyterian Church, the third of the Trinity EvangeUcal Lu- 
theian Church, and the fourth of the Keystone League of the 
Christian Endeavor Society, all against the opening of the Co- 
lumbian E.xposition on Sunday— to the Select Committee on the 
Columbian Exposition. 

Also, petition for the relief of William andMary College, to 
accompany House bill 68G3— to the Committee on War Claims. 

By Mr. CHIPMAN: Petition of Frankziska Eoondorff, to re- 
move charge of desertion from the record of Leopold Hodopp— 
to the Committee on Military Affairs. 

By Mr. CRISP (by request): Petition of the Southwest Silver 
Convention, held at El Paso, Tex., asking the passage of a bill 
for the free and unlimited coinage of silver — to the Committee 
on Coinage, Weights, and Measures. 

Also, memorial of the Legislature of the State of Georgia, ask- 
ing the repeal of the 10 per cent tax on State banks — to the 
Committee on Ways and I^Ieans. 

By Mr. DOLLIVER: Petition of Joseph Graham, of Boone 
County, 111., for relief — to the Committee on Military Affairs. 

Also, petition of Francis McElroy, of Pocahontas County, Iowa, 
for relief— t.) the Committee on Invalid Pensions. 

By Mr. HAYNES of Ohio: Petition of the Sunday School 
Association of Ohio, against the opening of the World's Fair on 
Sunday— to the Select Committee on the Columbian Exposition. 

By Mr. LAYTON: Protest of the Sabbath Association of Illi- 
nois, against the opening of the World's Fair on Sunday — to the 
Select Committee on the Columbian Exposition. 

By Mr. ISIARTIN: Affidavit of applicant and affidavits and 
petition of his neighbors, to accompany House bill granting a 
pension to .Joseph'W. Snyder, crippled son of a Revolutionary 
soldier — to the Committee on Pensions. 

By Mr. ROBINSON of Pennsylvania: Petition of the Sabbath 
Association of Illinois, against the reconsideration of the Sunday- 
closing law as to the World's Fair— to the Select Committee on 
the Columbian Exposition. 

By Mr. SCOTT: Petition of Alfred N. Muney, for relief- to 
the Committee on Accounts. 

By Mr. SIPE: Resolutions of the Upper Ten Mile Presby- 
terian Church, of Washington County, Pa., commending Con- 
gress for closing the Columbian Exposition on Sunday — to the 
Select Committ e on the Columbian Exposition. 

By Mr. WAUGH: Papers to accompany House hill 7444. of 
Henry W. Hackley, for correction of his military record and his 
discharge — to the Committee on Military Affairs. 



SENATE. 

WEDWkSDAY, December 5i, 1893. 

Prayer by the Chaplain, Rev. J. G. Butler, D. D. 

The Journal of yesterday's proceedmgs was read and approved. 

KEPORT OF INTERSTATE COMMERCE COM^^SSION. 

The VICE-PRESIDENT laid before the Senate the sixth an- 
nual report of the Interstate Commerce Commission; which, on 
motion of Mr. Cullom, was. with the accompanying papers, or- 
dered to lie on the table, and be printed. 

PETITIONS AND MEMORIALS. 

• 

Mr. SHERMAN presented the petition of Charles A. Hawkins 
and 24 other citizens of Toledo, Ohio, praying for the appoint- 
ment of a Senate committee to investigate the combine formed 
to depreciate the pric ; of grain, and asking for the postponement 
of the Washbiirn-Hatch antioption bill until such comrnittee 
shall report; which was referred to the Committee on Agricul- 
ture and Forestry. 

He alEO presented petitions of Twin Valley Grange No. 657, 
Patrons of Husl^andry, of El Dorado Grange Patrons of Hus- 
bandry, and of Pomona Grange No. 64. Patrons of Husbandry, 
all in the State of Ohio, praying for the passage of the Wash- 
burn-Hatch antioption bill; which were ordered to lie on the 
table. 

Mr. BATE presented the petition of M. E. Spurgin and other 
citizens of Hilton, Tenn., and the petition of C. L. Wall and 



other citizens of Fayette County, Tenn.. praying for the passage 
of the Washburn-Hatch antioption bill; which were ordered to 
lie on the table. 

Mr. MORGAN. I present a memorial of the General Assem- 
bly of the State of Alabama, and ask that it be read. 

The memorial was read, as follows: 

Joint memorial to Congi-css in reference toconstructlon of Nicaragua Canal. 

Tho joint memorial of the senate and house of representatives of the Slate 
of Alabama lu General Assembly convened, to the Seuate and House of Rep- 
resentatives of the Uuitetl States of America in Congress assembled, respect- 
fully shows unto your honoral)le bodies: 

First. That the con.structlou of tho Nicaragua Canal would prcatly benefit 
tho State of Alabama by openiui; up new markets f')r her ai^ricultural prod- 
ucts, notably cotton, aii'l fur her mineral products. i)artlcularly iron, steel, 
and coal. That it would increase her sales of lumber and ship stores and 
by making the Gtilf of Mexico tho highway for the trade and commerce of 
the world, would stinuilate tho growth of her Gulf ports and the develop- 
ment of all her resources. 

Second. That the entire Mississippi Valley, Including tho laUe ports, would 
feel the beuelicial inlluence of practically another mouth to the great river 
openiug into Iho Pacillc Ocean. 

Third. That the Atlantic seacoast will reap benefit by tho shortening of 
the distances to our Pacific coasts and to the East, enabling it better to com- 
pete with Europe for the I'acitlc Ocean trade, and stiTnuIating its ship- 
biuldiug and slilpping interests. 

Fourth. That our Pacitvc coast States would find every Industry and 
source of prosperity stimulated by lower freights and clo.ser comiectlou with 
the Cent ral and Eastern States, so that It would seem that our whole country 
is interested in the construction of this great highway for the commerce of 
tho world. 

Fifth. That the strategic importance of this canal is such that the Govern- 
ment of the United Sla'-cs should secure its absolute control. 

Sixth. That the Canal Company having expeiid<Hl some J6,000,000, esti- 
mates the entire cost of con.^lruction of the canal at $1(X).000,000, and seeks the 
aid of the United SUates Governm"nt in raising the sum. 

Seventh. That judging from the revenue accuring to tho Suez Canal it 
would bo safe to expect this greater work to pay a good dividend on the 
.amount invested. 

Eighth. For these reasons, your memorialists earnestly urge that such 
measures be adopted as will. In your wisdom, best .secure tho speedy con- 
struction of this canal and its control by the United States Government. 

Uesotml. That the governor of this State be requested to f urnLsh a copy 
of this memorial to each of our Senators and Representatives In Congress. 

J. C. COMPTON, 
rruideiit of ilie Senate. 

Approved December 3, 1993. 

THOMAS G. JONES, Governor. 
FRANCIS L. PETTUS, 
Speaker of tite Bouse of Hepresenlalives. 

I hereby certify that the above is a true copy of the original papers now on 
file in my office. 

J. D. BARRON, 
Secretary of Stale. 

Mr. MORGAN. In the same connection I present a memorial 
upon the same subject by Mr. George L. Converse, of Ohio; Ed- 
ward F. Cragin, of Illinois; R. L. Edwards, of New York; and T. 
J. Odendahl. of Louisiana, a committee appointed by the con- 
vention which recently met in New Orleans, composed of 700 
delegates from about 38 States of the Union, earnestly urging 
upon Congress the passage of the bill to aid in the construction 
of the Nicaragua canal. The memorial, under the i-ules of the 
Senate, I believe I have no right to read, and thus place it upon 
the records of the Senate. I move that this memorial and the 
one which has just been read be printed together as a document, 
and laid u])on the table. 

The motion was agreed to. 

Mr. HARRIS presented a petition numerously signed by citi- 
zens of Shelby County, Tenn.. praying for the passage of the 
antioption bill; which was ordered to lie on the table. 

INIr. HISCOCK presented the petition of Frederick Heyl and 
41 other citizens of Chautauqua, N. Y.. praying for the apiMint- 
ment of a Senate committee to investigate the combine formed 
to depreciate the price of grain, and asking for tho postpone- 
ment of the Washburn-Hatch antioption bill until such commit- 
tee shall report; which was referred to the Committee on Agri- 
cultui'e and Forestry. 

He also presented a petition of the board of aldermen of Buffalo, 
N.Y., praying Congress to direct the Government Board of En- 
gineers to prepare plans for tho extension of the breakwater at 
Buffalo Harbor to Stony Point, and report thereon as speedily 
as possible; which was referred to the Committee on Commerce. 

He also presented tho petition of T. J. Yost and 154 other citi- 
zens of Altamont, N. Y''., praying that Congress so amend its for- 
mer action in regard to the sale of intoxicating liquors on the 
grounds of the World's Columbian Exposition as not to infringe 
upon existing laws of Illinois; which was referred to the Com- 
mittee on the Quadro-Centennial (Select). 

Mr. PROCTOR presented the memorial of P. J. Boardman and 
other citizens of Norwich, Vt., remonstrating against repealing 
the provision requiring that the World's Columbian Exposition 
be closed on Sunday; which was referred to the Committee on 
the Quadro-Centennial (Selects 

Mr. Mcpherson presented a petition of the New Jersey 
State Horticultural Society, praying for the enactment of legis- 
lation to prohibit gambling in food products; which was ordered 
to lie on tho table. 



260 



CONGRESSIONAL RECORD— SENATE. 



December 21, 



Mr. QUAY presented memorials of the Center Presbyterian 
Church of New Park; of the Christ Lutheran Congregation of 
York; of the Lutheran Evangelical Congregation of York, and 
of the Church of God Congregation of Columbia, all in the State 
of Pennsylvania, remonstrating against tho passage of any leg- 
islatidn repealing the provisions of the act closing the World's 
Columbian Exposition on Sunday; which were referred to the 
Committee on the Quadro-Centennial (Select). 

Mr. FELTON presented a petition of the Afro- American citi- 
zens of the State of California, praying for the passage of legisla- 
tion authorizing the board ot managemout and control of tho 
United States Government exhibit of the World's Columbian 
Exposition to collect statistics, etc., concerning the colored race; 
which was referred to the Committee on the Quadro-Centennial 
(Select). • 

REPORTS OF COMMITTEES. 

Mr. TURPIE, from the Committee on Pensions, to whom was 
referred the bill (H. R. 5012) to increase the pension of Thomas 
Enlow, reported it without amendment, and submitted a report 
thereon. 

Mr. VILAS, from the Committee on Claims, to whom was re- 
ferred the bill (S. 3028) for the relief of William P. Dunwoody, 
submitted an adver.-e report thereon; which was agreed to, and 
the bill was postponed indefinitely. 

Mr. DAWES, from the Committee on Indian Affairs, to whom 
was referred the bill (S. 2.".94) for the adjustment of tHwKjprts-ttf- 
the Indians and Indian tribes to lands owned or occupied by 
them in the Indian Territory, and for other arrangements, with 
a view t) the creation of a State embracing such Territory, re- 
jjorted it with amendments. 

Mr. MORGAN. As a member of the Committee on Indian 
Affairs I dissent from tho report just made. The bill itself, pro- 
pared and introduciid by the Senator from Arkansas [Mr. 
Berry], is admirably adapted to carry out the purposes which 
he has in view, but it provid'^s for a commission to go to the 
five civilized tribes and negotiate with them for a release of their 
lands to the United States. I do not believe that the Legisla- 
tures of those different tribes have that jiower, nor do I beli . ve 
that it is practicable under their organic law, or under the 
treaties, or under the legislation of the United States to assemble 
in those live tribes any body of citizen Indians who have the right 
to make the concessions in the broad way in which they are pro- 
posed to bo made through the agency of this commission, 

Neverthele.-'s, I believe that there is connected with the patents 
we have issued to those tribes as tribes for the lands a trust in be- 
half ot the citizens oi the respective nations or tribes, and the 
question remains as to who shallexocutj that trust. Inasmuch as 
it is a function of supreme sovereign power to execute tho trust, I 
believe that the Government of the United States ought to exe- 
cute it by the legislation of Congress, I will say, out of hand. 
The Legislatures of the res])ective tribes, I think, have not the 
power to execute it, nor do I think it is consistent with the na- 
ture of the trust itself that they should execute it, nor do I be- 
lieve that they can execute it ]ieacofully, 

I believe that the Government of the United States ought now 
to pass laws for the proper distribution amongst the Indians of 
their domain, having respect, delicate respect, to every equity 
that has arisen out of former transactions, occupancy, etc. I be- 
lieve tliat if we were to pass a just law it would be accepted by 
the Indians quietly, peacefully, and gratefully, and that we should 
avoid thereby those strifes and contentions which I am very much 
afraid will be aroused if we send a commission there to trea'. 
with any supposed legislative body or any suppose 1 authorized 
body of citizens for the acquisition of this Territory. 

So I enter my pro'ojt against the passage of the bill in its 
present form, and at the proper time when the bill is up for con- 
sideration I hope I shall be able to olfer an amendment in the 
line of my remarks. 

The VICE-PRESIDENT, The bill will be placed on the Cal- 
endar, 

Mr, SHERMAN, I am directed by the Committee on Foreign 
Relations, to whom wa? referred the bill (S, 1218) to amend the 
act entitU d '"An act to incorpoiate the Maritime Canal Com- 
pany of Nicaragua," approved February 20, 1889, to report it 
with amendments and to submit a written report, 

I am also directed to ask that tho report made on this subject 
by the same committee on the lOtli of ilanuary, 1891, be printed 
as a part of the rejiort now submitted. Within a few days I will 
furnish to the clerks a report upon the amendments proposed by 
the committee. 

Thb VICE-PRESIDENT. Does the Senator from Ohio desire 
to have the printing withheld until the additional matter is 
furnished. 

Mr. SHERMAN. Yes, In a day or two I will hand it to the 
Secretary, I give notice that at as early a day as practicable in 
the business of the Senate I shall teek to secure action upon 
and the passage of the bill. 



Tho VICE-PRESIDENT. Tho bill will be placed on the Cal- 
endar. 

Mr. STEWART, from the Committee on Claims, to whom was 
referred the bill (S. 1.3.53) for the relief of Morgan Everts, asked 
to be discharged from its further consideration, and that it be 
referred to the Committee on Military AH'airs; which was agreed 
to, 

CENSUS ENUMERATORS. 

Mr. VANCE, from the Committee to Audit and Control tho 
Contingent Expenses of the Senate, to whom was referred the 
resolution submitted by Mr. Vest on the (ith instant, reported 
it without amendment, and it was considered by unanimous con- 
sent and agreed to, as follows: 

Whereas It has been charged by the public press that officials of the Gov- 
ernment employed in the Census Bureau of the Interior Department have 
been guilty of gross misconduct for partisan purposes, and especially that 
the enumerators appointed to make the enrollment of population for the 
census of 1S90 iu the State of Missouri and elsewhere, did, under instruc- 
tions from certain officers of the Bin-eau, malte at the same time lists of 
voters for partisan use; 

And also, that certain clerks and accountants employed in said Bureau 
were sent to tho State of New York during the recent canvass to perform 
partisan service while drawing pay Irom the Govei-nment: Therefore, 

liesolved. That the Committee on the Census is directed to investigate said 
charges, and to report by bill or otherwise; that said committee have power 
to send for persons and papers, and to employ a stenographer, the expenses 
to be paid out of the contingent fund of the Senate. 



PROTESTANT EPISCOPAL CATHEDRAL FOUNDATION. 



Mr, McMillan, I am directed by the Committee on the 
District of Columliia, to whom was referred the bill (H, R. 9417) 
to incorporate the Protestant Episcopal Cathedral Foundation 
of the District of Columbia, to report it favorably, without 
amendment, I ask that it take the place of Senate bill 3391 now 
on the Calendar, and that the Senate bill be indefinitely post- 
poned. This being a House bill, and as there are some reasons 
why it should pass at an early day, I ask permission to have it 
considered now. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the bill '? 

Mr. COCKRELL. Let it be read. 

The VICE-PRESIDENT. The bill will be read for informa- 
tion. 

The bill was read; and, there being no objection, tho Senate, 
as in Committee of the Whole, proceeded to its consideration. 

Mr, COCKRELL. I should like to ask the Senator who re- 
ported the bill if it may not be a little too latitudinarian in its 
construction. It is, as I understand, an exact copy of Senate 
bill 3391, which has been reported heretofore and is on the Cal- 
endar, 

Mr. McMillan, it is an exact copy of that bill, 

Mr, COCKRELL, The language of the bill is that the per- 
sons named — 

Are hereby constituted a body politic and corporate by the name of the 
riotest.tut Episcopal Cathedral Foundation of the District of Columbia, 
witli jjower to sue and be sued, plead and be Impleaded, and have perpetual 
succession; to acquire, talie by devise, bequest, or otherwise hold, pur- 
cha.^e. encumber, and convey such real and personal estate as shall be re- 
quired tor the purposes of its iucorporaliou. 

Would not that enable the corporation to acquire real estate and 
invest its funds in that way, and then turn around and sell t'ne real 
estate, and continue to acquire and to convey s.xh property at will 
a' d pleasure'? It seems to me it is a pretty wide authority to 
give to any corporation. 

Mr. McMillan. That is not the purpose. There are cer- 
tain ]iarties in the district now who are ready to turn over to 
this corporation a larg.; amount of property, and it is intended 
of course that they shall own and control the property. Tho in- 
tention is to hold it, just the same as property is held by other 
institutions here. 

Mr. COCKRELL. When tho bill was up at the last session I 
had an amendment iirepared, which would' limit the holding of 
real estate simply to that which might b ; neco.-^sary for the jiur- 
poses of the corporation, so far as holding it is concerned, 

Mr. McMillan. There is no objection to an amendAent of 
that kind, if the Senator will present it. 

Mr. COCKRELL. I heard the bill was coming up and I looked 
for the amendment, but I can not find the exact amendment 
which I proposed at the time. 

Mr. FAULKNER. I ask the Senator fro.n Missouri whether 
the legal construction of the language used in the bill is not that 
the only property that can be acquired by this corporatioa is for 
the purpose of carrying out the objects and purposes of its cre- 
ation, and if that is not a limitation'? 

Mr. COCKRELL. Then why acquire the right to sell it. If 
it acquires it for that purpose and holds it there would be no ob- 
jection to the bill, but the bill provides that it may acquire it 
and change it. It may change property back and forth just as it 
jileasos in the matter of investing funds in real estate or any- 
thing else. 



1892. 



CONGRESSIONAL RECORD— SENATE. 



261 



g' 



whether that is not the legal right by reason of its being a cor- 
poration created with power to hold real estate? Would it not 
have power to sell any property it may acquire'.-' That is simply 
an enlargement of what would be the usual expression, perhaps, 
in the charter of a corporation. It certainly would not affect 
the legal right of the corporation itself to dispose of property it 
might acquire. 

The importance of the passage of the bill is owing to the fact 
that this property has been acquired and the conveyance is to 
pass from the vendors to the corporation this week. So unless 
this bill is passed a trust will have to intervene and the convey- 
ance be made to a trustee instead of being made directly to the 
corporation. The conveyance is to be made this week under the 
terms of the contract. 

The VICE-PRESIDENT. Are there amendments to the bill as 
in Committee of the Whole? 

Mr. COCKRELL. I simply desire to put myself on record as 
saying that I think it is an exceedingly dangerous bill; but I do 
not intend to oppose its passage any further than to record my 
vote against it. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, road the third time, and passed. 

The VICE-PRESIDENT. The bill (S. 3391) to incorporate 
the Protestant Episcopal Cathedral Foundation of the District 
of Columbia will las indefinitely postponed. 

REPORT ON FOREIGN STREETS AND HIGHWAYS. 

Mr. MANDERSON. I am directed by the Committee on 
Printing to report back the concurrent resolution ])roviding for 
printing the consular report relating to streets and liighways in 
foreign countries, and I ask for its present consideration. Tliere 
are certain blanks that I will move to fill. 

The concurrent resolution submitted by Mr. Manderson on 
the 15th instant was x'ead, as follows: 
JResolvfd by the Senate {the House of Representatives concun-iiit;) , That there 

be printed thousand copies of the special consular report relating to 

streets and highways in foreign countries, heretofore published by the Do- 

artmoiit of State, 'of which thousand copies shall be for the use of the 

enate and thousand copies for the use of the House of Represematives. 

The Senate, by unanimous consent, proceeded to consider the 
resolution. 

Mr. MANDERSON. I wish to state that this work, which is 
one of the consular reports published by the State Department, 
was issued in somewhat limited number by the Department of 
State. Thedemandfor it has been very great, indeed. In response 
to applications made by myself to the State Department for copies 
of this report, I was informed by the Secretary of State that their 
edition is entirely exhausted; and he says further in his letter: 

In reply to that portion of yourcommunlcatiou wherein you ask my opin- 
ion as to whether Congress should not order a special edition of this work, I 
would say that in view of the great interest uow being nianifosted through- 
out the country in regard to good highways and the fact that this %vork con- 
tains the world's experieuie ia road building, it would be hard to overesti- 
mate the good which would result from a proper general distribution thereof, 
a distribution which, owing to the limited amount approi>riated for the pub- 
lication of consular reports, this Department can not make. 

In view of these facts I move to fill the blanks as they occur, 
so that the whole number printed shall be 12,000 copies, 4,000 
for the Senate and 8,000 for the House of Representatives. 

Mr. COCKRELL. In view of the importance of the document 
and the demand for it, I move to make the number 15,000 copies, 
5,000 for the Senate and 10,000 for the House of Representatives. 
I do not think that is an excessive number. 

Mr. MANDERSON. I do not object to that amendment. 

Mr. COCKRELL. I think it is a book that ought to be pub- 
lished and sent broadcast over the country. There is very great 
demand for it. 

Mr. SHERMAN. My own impression is that a large number 
ought to bo printed. There are 300,000 copies of the Agricultural 
Report printed, and I have had more letters in regard to this 
than the Agricultural Report. 

Mr. COCKRELL. I think it ought to be liberally printed, 
and I have no objection to the Senator from Ohio amending my 
proposed amendment, and making the number 10, OOOand 2o,000. 

Mr. SHERMAN. I think about 20,000 or 25,000 copies should 
printed. 

Mr. COCKRELL. I suggest 10,000 copies for the Senate and 
20,000 copies for the House. 

Mr. MANDERSON. I do not object to the amendment. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk read the concurrent resolution, as proposed 
to be amended, as follows: 

Hesolved by the Senate {the House of Bepresentatives conciirring). That there 
be printed :iO,(H)0 copies of the special consular report relating to streets and 
highways in foreign countries, heretofore published by the Department of 
State, of which 10,000 copies shall be for the use of the Senate and -0,000 copies 
for the use of the House of Representatives. 

The amendment was agreed to. 

The resolution as amended was agreed to. 



BILLS INTRODUCED. 

Mr. PERKINS introduced a bill (S. 31)40) to remove the charge 
of dese)'tion against Alfred Rebsamen; which was read twice by 
its title, and referred to the Committee on Military Affairs. 

ilr. CULLOM introduced a bill (S. 3047) for tlio relief of Wil- 
liam Martin; which was road twice by its title, and, flfith the 
accompanying papers, referred to the Committee on Military 
Affairs. 

Mr. PELTON introduced a bill (S. 3048) for the improvement 
of San Pedro Bay: which was read twice by its title, and re- 
ferred to the Committee on Commerce. 

Mr. CALL introduced a joint resolution (S. R. 125) to suspend 
approvals of lists of public lands to States or corporations until 
the further action of Congress; which was ordered to lie on the 
table. 

Mr. MCPHERSON introduced a joint resolution (S. R. 126) 
authorizing and directing the Secretary of the Ti-easury tt' sus- 
pend all purchases of silver bullion as provided in the act of 
July 14, 1890: which wa; read the lirst time by its title. 

Mr. MCPHERSON. I ask that the joint resolution be read at 
length. It is very short. 

The joint resolution was read the second time at length, as 
follows: 

• Eesolved by the Senate and House of Representatives in Congress assembled. 
That the Secretary of the Treasury be, and he hereby Is, authorized and di- 
rected to susjiend, until otherwise ordered by Congress, all purchasas of sli- 
ver bullion as provided in the llrst section of the act of July 14, »S<.K), entitled 
"An act directing the purchase of silver bullion and the Issue of Treasury 
notes thereon, aud for other purposes." 

Mr. Mcpherson. I desire that the joint resolution may be 
l)rintcd iind laid upon the table, to be called up at some future 
time by myself, after the holiday recess. 

The joint resolution was ordei-ed to lie on the table. 

CHANGE OP reference. 

. Mr. TELLER. Yesterday I introducd a bill (S. .3034) to pro- 
vide for building and maintaining an Indian ii^^dustrial school at 
Unalaska, Alaska, which I intended to have referred to the Com- 
mittee on Indian Affairs, but it apjjears to have been referred to 
the Committee on Military Affairs. I ask that an order may be 
made discharging the Committee on Military Affairs from the 
further consideration of the bill, and that it be referred to the 
Committee on Indian AlTairs. 

The PRESIDING OFFICER (Mr. Platt in the chair). That 
order will be made in the absence of .objcctiou. 

UNLAWFUL DISPOSITION OF PUBLIC LAND. 

Mr. CALL submitted the following resolution; which was or- 
dered to lie on the table and be printed: 

Resolved, That it he, and is hereby, referred to a special committee of flvo 
Senators, to bo appointed by the President of the Senate, to inquire and re- 
port to the Senate whether there have been approvals of land by the Secre- 
tary of the Interior to States or railroad corporations in violation of the 
arts of Congress, and to report by bill or otherwise the measures uecessiiry 
for the opening ot such laud to the use and occupation of citizens of the 
United States under the homestead laws and for the protection of actual 
settlers on said land. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had passed 
the concurrent resolution of the Senate to print the report of 
the Commissioner of Fish and Fisheries for the liscal year end- 
ing June 30, 1892. and extra copies of the same. 

The message also announced that the House had passed the 
following bills; in which it requested the concurrence of the 
Senate: 

A bill (H. R. 1484) for the relief of Mary A. Lewis; 

A bill (H. R. 8915) granting an increase of pension to Joseph 
Coffman; and 

A bill (H. R. 9649) to provide for the purchase of Fort Brown, 
Texas. 

ENROLLED BILLS SIGNED. 

The message further announced that the Speaker of the House 
had signed the following enrolled bills; and tl:ey were thereupon 
signed by the Vice-President: 

A bill (H. R. 6044) to amend an act entitled "An act authoriz- 
ing the sale of title ot the United States in lot 3 in square south 
of square 990," approved March 3, 1891; 

A bill (H. R. 8700) to provide for the sale of navy-yard lands 
in the city of Brooklyn; and 

A bill (H. R. 8907) to increase the pension of John Malloy. 

DELZELL R. BRADFORD. . 

Mr. STOCKBRIDGE. I ask unanimous consent of the Senate 
to consider the bill (H. R. 6737) granting a pension to Delzell R. 
Bradford, Twenty-fourth Michigan Volunteers. The bill has 
been passed by the other House and reported favorably by the 
Senate committee, and I may say that unless it is passed im- 
mediately it will do the beneficiary no good. 



262 



CONGRESSIONAL RECORD— SENATE. 



December 21, 



By •unanimous consent, tho Senate, as in Committee of tlic 
"Whole, proceeded to consider the bill. It proposes to place on 
tho pension roll, subject to the provisions and limitations of the 
pension law of June 27, 18U0, the name of Delzell R. Bradford, 
laU.' a private in the Twenty-fourth Regiment of Michigan Vol- 
unteers. 

I\Ir. COCKRELL. Let the report be read. 

The VICE-PRESIDENT. The report will be read. 

Tho Secretary read the report, submitted by Mr. TUEPIE De- 
cember 15, 1892, as follows: 

The Committee on Pensions, to whom was refci'rea the bill (H. R. 0737) 
gratillng a pension to Delzell K. Brafltprd, have had the same under consid- 
eration, and report: 

From the facts stated In the House report on this case, which is hereby ap- 
proved and made a part of this report, your committee believe this to be a 
meritorious measure and recommend the passage of the bill. 

[House Report No. 1872, Fifty-second Congress, first session.] 
The Committee on Invalid Pensions, to whom was referred the bill (H. R. 
67371 granting a pension to Delzell K. Bradford, have had the same under con- 
Sidtration ami submit tho follo'.ving report; 

As shown by the records of the Adjutant-General's Offlco, the soldier en- 
listed March ;;7, ise.i, as a private, imassigned. in tho Twenty-fourth Regi- 
ment Michigan Volunteers, and was honorably discharged June 21, 1865 
He tiled application for pension September 3, 1890, under the act of June 27, 

1890, alleging i^lles and general debility. The claim was rejected August G, 

1891, on the ground that the- claimant was not in the Unite! States service 
ninety days; therefore not entitled to pension under tho pro\'isions of uaid 
act. 

The claimant alleges that the records of the Adjutant-General's Office are 
In error in giving the date of his enlistment as March 27, 1865, and that the 
date should be corrected to read March 17, 1865. In proof thereof he files a 
certificate from the adjuLaut-general of Michigan, as follows: 

Military DiSPARTMEUT, Michigan, 

Adjutant-General's Office, 

Lansing, October 20, ISOl. 

I certify that it appears from official records on file In this office, that pri- 
vate Delzell R. Bradford, company unassigned, Twenty-fourth Regiment 
Michigan Infantry, enlisted on the 17th day of March, !S65, at Grand Kapid.s, 
Mich., and was duly mustered Into the service of the United States for the 
term of one year. Mustered out at Detroit, June 21, 180.i. 

J. S. FARRAH, 
Adjutayit-Ueneral of Michigan. 

G. W. Robertson, 

Assistant Adjutant- General. 

In an affidavit dated November 25, 1891, the claimant testifled that he en- 
liste.l ou tho 17th day of March, 1865. and knows this because he remembers 
that it was on St. Patrick's day that he enlisted at Grand Rapids. Mich. On 
the ne-Kt day, the 18th day of March, he went to Jackson. Mich.; from there 
wa.s sent to'Camp Butler, near .Springfield, 111., where he was taken sick with 
typlKnd pneumonia, and was given a sick leave. When he got able he was 
discharged at Detroit, Juno 31, 1805. 

Charles Hotchkiss testifies as follows; 

I was well and personally acquainted with Delzell R. Bradford prior to his 
enlijtinent into the Army. Iremember very distinctly the fact of said Brad- 
lord s enlistment into tho Army. I also remember very well that on St. 
Patrick's day. March 17, 1865, he was, with myself and other friends, here in 
the city (Grand Rapids) and at that time he had on the uniform of a soldier. 
He then informed me that he had enlisted into tho Uuited St:ite3 Army, and 
I have every reason to believe that his claims were true from the fact that 
he bad on the imiform. I know that that was ou March !7, 1865, because of 
Its licing St. Patrick's day. I subsequently learned that ho had been as- 
signed to tho Twenty-fourth Regiment Infantry. 

George M. Buck, circuit judge, Kalamazoo, Mich., says, after examining 
the evidence: 

" It seems to me that the proof is ample to show that the record at Wash- 
lugton is wrong and the record at Lansing is right, Inasmtich as the two 
would seem to be of equal force aud value, and the proof outside these rec- 
ords sustains the one at Lansing and contradicts the one at Washington." 

Owing to the itinerant life he has lived since he was discharged, he admits 
that it is Impossible lor him to prove by comrades and physicians incurrence 
of disabilities in the service and continuation of tho same to the present 
time. 

George S. Wood and Nellie B. Wood testify that they are well acquainted 
with the claimant, that he is in poor health, and that he is suffering with 
lung and heart trouble aud rheumatism aiid piles. They know him to bo 
unable to perform manual labor, and that he is destitute of means, and is 
dependent on others who are not legally bound for his support. 

George W. Hamilton aud E. V. Hamilton testify that they ai'e well ac- 
quainted with the claimant and l;now that he is in destitute circumstances, 
and is now dependent upon the charity of others not boimd for his support: 
that he is unable to do any kind of manual labor whatever. 

Cyrus Bussey, Assistant .Secretary of the Interior, In atllrmmg the de- 
cision of rejectionof the claim, says: 

"This Department is governed by the records of the War Department, and 
the claim can not be admitted unless the records of said Department can be 
amended to correspond with the date claimed by claimant as the true date 
of his enlistment." 

The inability of the claimant to earn his living by manual labor by reason 
of physical disabilities having been fully and satisfactorily proved, the only 
question to be determined by the committee is as to tlie date of the soldier's 
enlistment. 

After amending tho biU In line 5 by striking out of tho word "laws" the 
letter "s," aud inserting thereafter the words "of June 27, 1890," your com- 
mittee recommend the passage of the bill. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

HOLIDAY RECESS. 

The VICE-PRESIDENT. According to tho unanimous agree- 
ment made yesterday, the Chair lays before the Senate the bill 
(S. l'J58) to submit to the Court of Private Land Claims, estal)- 
lished by an act of Congress approved March 3, 1891, the title of 
William McGarrabau to the Rancho Panocho Grande, in the 
State of California, aud for other purposes: upon which the Seu- 
at'jr from Virginia [Mr. Hunton] is entitled to the iloor. 



Mr. DAWES. I ask the Senator from Virginia to yield tome 
to call up a resolution. 

Mr. HARRIS. Before proceeding with the bill which has 
been laid before the Senate, I think the concurrent resolution 
for the holiday adjournment should be disjjosed of. Whatever 
the Senate proposes to do with it ought to be done this morn- 
ing. 

Mr. DAWES. That is the resolution I rose to call up. 

The VICE-PRESIDENT. The Chair lays before the Senate 
the concurrentresolutionot theHouseof Rei^resentatives, which 
will be read. 

The concurrent resolution was read and agreed to, as fol- 
lows: 

Itesolved by the House of Representatives (the Senate concurring). That when 
the two Houses adjourn on Thursday, December 22, they will stand ad- 
journed until Wednesday, January 4, 1893. 

SOCIETY OF AMERICAN FLORISTS. 

Mr. PADDOCK. I desire to make an appeal to the Senator 
from Virginia to allow me a moment to call up a bill for present 
consideratiori. 

Mr. HUNTON. I will yield to the Senator from Nebraska, 
provided his bill provokes no discussion, and with the under- 
standing that if it shall provoke discussion he will withdraw it. 

Mr. PADDOCK. Certainly. It is a bill which was consid- 
ered on the day prior to the adjournment of the last session, was 
read at length, and laid aside at the request of the Senator fi'om 
Missouri [Mr. Cockkell], who, I think, is now satisfied as to its 
provisions. As I am to leave the Senate to-day or to-morrow, 
to be absent on some matters of considerable personal concern 
to myself, until p:irhaps the month of February, there would 
perhaps be no chance for me to bring the measure to the atten- 
tion of the Senate before the close of the session. I desire, 
therefore, the indulgence of the Senate for its present consider- 
ation. It is Calendar No. 174, Senate bill 1674. 

By unanimous consent, the Senate, as in Committee of the 
Whole, resumtd the consideration of the bill (S. 1674) incorpo- 
rating tlie Society of American Florists. 

The VICE-PRESIDENT. The bill will be read. 

Mr. PADDOCK. The bill has heretofore beenread at length. 

Mr. SHERMAN. I think tho bill sliould be read now, as some 
time has passed since it was last under consideration. 

Mr. COCKRELL. Let the bill be road. 

The VICE-PRESIDENT. The bill will be read. 

The Secretary read the bill. 

Mr. MILLS. I suggest to the Senator from Nebraska that in 
all these acts of incoi'poration the Government retains the right 
to alter or amend tho charter, and I think such a provision 
should be inserted in this bill. 

Mr. PADDOCK. There is no objection to such an amend- 
ment, and I shall very cheerfully accept it. 

Mr. MILLS. I hope the Senator will have that amendment 
inserted, and then I shall have no objection to the bill. 

Mr. COCKRELL. I suggest that there be added to tho bill 
tho words: 

That Congress may at any time alter, amend, or repeal this act In whole or 
in i)art. 

The VICE-PRESIDENT. The amendments reported by the 
Committee on Agriculture and Forestry will first be stated. 

The amendments reported by the Committee on Agriculture 
and Forestry were, in line 10, to strike out the name '• Joseph C. 
Vaughan " and insL;rt "John C. Vaughan; " in line 24, after the 
word "horticulture," to strike out "and for the benefit of its 
members and tho public in geuei'al; " in line 26, after the word 
"authorized." to insert "to adopt a constitution and to make by- 
laws not inconsistent with law:" and after tho words "donated 
or," at tho end of lino TtO, to strike cut "bequests made in other 
sections of the United States, to adoj)t a constitution, and to 
make by-laws not inconsistent with law," and insert ' ' bequeathed 
in any State or Territory: Provided, That all property so held, 
and the proceeds thereof, shall be held and used solely for the 
purposes set forth in this act; " so as to make the bill read: 

Be it enacted, etc., That James Dean, of Bay Ridge, in the State of New 
York: William J. Stew.arl, Michael H. Norton, and Patrick Welch, of Bos- 
ton, in the State of Massticlmsetts; Edv.'avd G. Hill, of Richmond, In the 
State of Indiana; John N. May, of Summit, In tho State of New Jersey; Wil- 
liam R. Smith. John Saul, and Benjamin Dnrfee, of Washington, in the Dis- 
trict of Coltunbia: Myron A. Hunt, of Terre Haute, in the State of Indiana; 
John Thori)e, Joseph T. Anthony, and John C. Vaughan, of the State of Illi- 
nois: Robert Craig, Edwin Lonsdale, and John Burton, of Philadelphia, in 
the State of Pennsylvania; Alexander Murdoch, of Pittsburg, in the State 
otPenus.vlvania; John M. Jordan, of St. Louis, in the State of Missouri: John 
T. Temple, of Davenport, in the State of Iowa; Charles W. Hoitt, of Nashua, 
in the state of New Hampshire; William Falconer, of Glen Cove, and Dan- 
iel B. Long, of Buffalo, both in the State of New York, and Albert Manda, of 
Short Hills, in the State of New Jersey, their associates and successors, are 
hereby created a body ccu'porate and politic, by the name of The Society of 
American Florists, for the elevation aud advancement of horticulture in all 
its branches, to increase aud dilfuse the Itnowledge thereof, and for kindred 
purposes in the interest of horticulture. Said association is authorized to 
adopt a constitution and to make by-laws not Inconsistent \rtth law, to hold 



1893. 



CONGRESSIONAL RECORD— SENATE. 



303 



odist Episcopal, Baptist, and Presbyterian cliurches of Cass 
City, Mich.; a petition of 150 citizens of Montague, Mich.; a pe- 
tition of the Lake Superior (Mich.) Association of Congrega- 
tional Churches; the petition of Rev. D. B. Davidson, and .30 
other citizens of Mount Pleasant, l\Iich.,and the petition of Rov. 
Wm. H. Hoffman and i4 other citizens of Mount Pleasant, Mich., 
praying- that the World's Columbian Exposition be closed oa 
Sunday; which were referred to the Committee on the Quadro- 
Centennial (Select). 

He also presented the memorial of Hiram Hatch and 14 other 
members of the Seventh-Day Adventist Church of Copernish, 
Mich., remonstrating against the commitment of the United 
States Government to a union of religion and the state by the 
passage of any legislation closing the World's Columbian Expo- 
sitioa°on SundayT which was referred to the Committee on the 
Quadro-Centennial (Select). 

Mv. DOLPH presented a petition of citizens of Oregon, pray- 
ing that an extension of time be granted for payment of forfeited 
railroad lands; which was referred to the Committee on Public 
Lands. 

Mr. QtlAY presented memorials of professors and students of 
the Reformed Presbyterian Seminary of jVllegheny; of the First 
Reformed Congregation of Sunbury; of the First United Presby- 
terian Church of Alleghenj-: of the Methodist Episcopal Church 
of Myersdale; of the First Presbyterian Church of Sunbury; of 
the Union Presbyterian Chuich of Coleraine; of the United Pres- 
byterian Presbj'tery of Allegheny: of the Sixth United Presby- 
terian Church of Allegheny; of the Ridge Avenue Methodist 
Episcopal Congregation of York: of the United Presbyterian 
Church of West Bellevue; and of St. Paul's English Evangelical 
Lutheran Congregation of York , all in the State of Pennsylvania, 
remonstrating against the repeal of the law. closing the gates of 
the World's Columbian Expo-^ition on Sunday; which were re- 
ferred to the Committee on the Quadro-Centennial (Select). 

He also presented a petition of the Journeymen Tailors' Union 
of Pittston, Pa., praying for the passage of House bill !S.",:j,';. 
limiting the free entry of wearing apparel of foreign manufac- 
ture: which was referred to the Committee on Finance. 

Mr. MITCHELL presented the petition of Marshall R. Hath- 
away, of Vancouver, Wash., praying that a pension be granted 
him on account of services in various Indian wars in the Terri- 
tory of Washington; which was referred to the Committee on 
Pensions. 

Ho also presented a petition of the Chamber of Commerce of 
Portland, Oregon, praying that the financial aid of the Govern- 
ment be extended in furtherance of the speedy completion of 
the Nicaragua interoceanic canal; which was ordered to lie on 
the table. 

He also presented resolutions adopted by members of Colum- 
bia Harbor. No. 22, Astoria, Oregon: California Harbor, No. 1.5, 
and Marine Engineers, No. 85, of San Francisco, Cal., at recent 
meetings held by those bodies, reciting that the signers view 
with alarm the action of Congress in passing the so-called Cock- 
ran bill providing for the admission of foreign vessels to Ameri- 
can registry, and protesting against the passage of any law 
whereby the foreign officers of said and similar vessels shall be 
continued in service on their respective vessels after transfer to 
the American flag, without regard to their qualifications as citi- 
zens of the United States; which was referred to the Committee 
on Commerce. 

:S]r. TELLER presented the petition of V. W. Mays and 22 
other citizens of Arapahoe County, Colo., praying for the appoint- 
ment of a Senate committee to investigate the combine formed 
to depreciate the price of grain, and asking for the postponement 
of the Washburn-Hatch antioption bill until such committee 
shall rei^ort; which was referred to the Committee on Agricul- 
ture and Forestry. 

He also presented a memorial of sundry citizens of Colorado, 
remonstrating against the removal of the Southern Ute Indians 
from their present reservation in Colorado to Utah Territory: 
which was referred to the Committee on Indian AtTairs. 

He also presented a petition of the Journeymen Tailors' Union 
of Leadville, Colo., praying for the passage of House bill 8535, 
limiting the free entry of wearing apparel of foreign manufac- 
ture: which was referred to the Committee on Finance. 

Mr. PERKINS presented a petition of Journeymen Tailors' 
Union, No. 20, of Wichita, Kans., praying for the passage of 
House bill S535, limiting the free entry of wearing apparel of 
foreign manufacture; which was referred to the Committee on 
Finance. 

He also presented resolutions of the Presbyterian and Metho- 
distEpiscopalchurchesof CawkerCity, Kans., thanking Congress 
for the closing of the World's Columlsian Exposition on Simday, 
for the passage of the antilottery bill, and praying for the passage 
of the Washburn-Hatch antioption bill; for the renewal by Con- 
gress of its action excluding the sale of intoxicating liquors from 



the groimds of the World's Columbian Exposition; for the re- 
striction of immigration by consular examinations, educational 
tests, and high tariff on immigrants, and the submission of tho 
proposed sixteenth amendment to the Constitution; which wore 
ordered to lie on the table. 

Mr. WARREN presented resolutions adopted by the irriga- 
tion convention held in Las Vegas, N. Mox., praying that tho 
Government grant in trust, upon such conditions as shall servo 
the public interest, to tho States and Territories needing irri- 
gation all lands now opened or hereaf tor acquired by tho Ufllted 
States within such States and Territories: which wero referred 
to the Select Committee on Irrigation and Reclamation of Arid 
Lands. 

Mr. SHER^IAN presented the petition of Hamer Grange, No. 
451, of the State ofOhio, praying for the passage of tho pure-food 
bill; which was referred to the Committee on Agriculture and 
Forestry. 

He also presented the petition of tho First Presbyterian Church 
of Tombstone, Ariz., praying Congress not to repeal the law 
closing the World's Columbian Exposition on Sunday: whicli 
was referred to the Committi?e on the Quadro-Centennial I Select). 

He also presented resolutions of the Cincinnati (Ohio) Cham- 
ber of Commerce, favoring the construction of the Nicaragua 
Canal under the supervision of tho United States; which wero 
ordered to lie on the table. 

Ho also presented the petition of Rev. H. A. Thompson, sec- 
retary of the Ohio Sabbath Association, praying that tho World's 
Columbian Exposition be closed on Sunday; which was referred 
to the Committee on tho Quadro-Centennial (Select). 

Ho also pi'esented petitions of Wellington Grange, Patrons of 
Husbandry: of Milton Grange, No. 733, Patrons of Husbandry; 
of the Greenwich Farmers' Institute Association; of the Lorain 
County Institute; of Sylvania Grange, Patrons of Husbandry; of 
Hamer Grange, No. 451, Patrons of Husbandi'y, and of Chapel 
Grange, No. 2G, Patrons of Husbandry, all in the State of Ohio, 
praying for the passage of tho Washburn-Hatch antioption bill: 
which were ordered to lie on the table. 

Mr. COKE presented petitions of J. W. Rica and other citizens 
of Frio County; of J. S. Webb and other citizens of Fayette 
County; of J. R. Proctor and other citizens of Upshur County, 
and of James W. McKenzie and other citizens of Carlton, all in 
the State of Texas, praying for the passage of the "Washburn- 
Hatch antioption bill; which were ordered to lie on tho table. 

Mr. VEST presented the petition of L. A. Meyer and other 
citizens of Saline and Lafayette Counties: a petition of tho Far- 
mers' Alliance and Industrial Union of Livingston Coimty: the 
petition of Cyrus Henry and other citizens of Nevada, and the 
petition of B. K. Dunn and other citizens of Livingston County, 
all in tho State of Missouri, praying for the passage of the Wash- 
burn-Hatch antioption bill; which were ordered to lio on the 
table. 

He also presented a petition of Bancroft Grange, No. 406, 
Patrons of Husbandry of Missouri, praying for the passage of 
the Paddock pure food bill: which was referred to the Commit- 
tee on Agriculture and Forestrj'. 

He also presented the petition of B. K.Dunn and other citizens 
of Livingston County, Mo., and a petition of the Farmers' Al- 
liance and Industrial Union of Livingston County, Mo., praj'ing 
for the passage of the Conger lard bill: which were referred to 
the Committee on Agriculture and Forestry. 

He also presented the petition of John N. Straat, and 16 other 
citizens of St. Louis, Mo., praying for the submission of an 
amendment to the Constitution of the United States to limit the 
term of President and Vice-President to six years; which was 
referred t J the Committee on Privileges and Elections. 

He also presented a petition of the Bar Association of the 
First judicial division of the Indian Territory, praying that ad- 
ditional jurisdiction be conferred upon the United States court 
in the Indian Territory; which was referred to the Committee 
on the Judiciary. 

Mr. COCKRELL presented the p jtition of E. C. Morlan and sun- 
dry' other citizens of Dublin, Mo., praying for the passage of the 
Washburn-Hatch antioption bill; which was ordered to lie on the 
table. 

He also pi-esented memorials of the New Providence Pi-esby- 
terian Church of Bon Bow; of the First Presbyterian Church of 
Warrensburg; of the Methodist Episcopal Church South of War- 
rensburg; of the Cumberland Presbyterian Church of Warrens- 
burg, and of the Chi-istiau Church of Warrensburg, all in tho 
State of Missouri, remonstrating against any action being taken 
to repeal the present law closing the World's Columbian Expo- 
sition on Sunday; which were referred to the Committee on the 
Quadro-Centennial (Select). 

Mr. COCKRELL. I present the memorial of Mrs. Caroline 
P. Corbin, of No. .597 Dearborn avenue, Chicago, III., on behalf 
of remonstrants against woman suffrage, and I ask that it be re- 



304 



CONGRESSIONAL RECORD— SENATE. 



jAifUAEY 4, 



ferred to the Select Committee on Woman Suffrage. I ask es- 
weciallv that at the next hearing- of those who favor woman suf- 
fra'1-e Mrs Corbin and her friends may be allowed to be heard 
against it, so that the hearing will not be one-sided, as it has 
been for many years past. •,•,,,? i . 

Tlio VICE-PRESIDENT. The memorial will be referred to 
the Select Committee on Woman Suffra.^je. 

Mr. HARRIS presented a memorial of the Synod of Tennessee, 
roniQpstrating against any action being taken to repeal the pres- 
ent law closing the World's Columbian Exposition on Sunday; 
which was referred to the Committee on the Quadro-Centeunial 
(Select). 

He also presented a petition numerously signed by citizens of 
Shelby County, Tenn., praying for the passage of the Washburn- 
Hatch antioption bill; which was ordered to lie on the table. 

REPORTS OF COMMITTEES. 

Mr. VEST, from the Committee on Commerce, to whom was 
referred the bill (S. ;i"j25) to authorize the construction of bridges 
across the Hiwassee, the Tennessee, and the Clinch Rivers, in 
the State of Tennessee, reported it with amendments. 

He also, from the same committee, to whom was referred the 
bill (H. R. 6798) to authorize the construction of a bridge across 
the Warrior River by the Montgomery, Tuscaloosa and Mom- 
phis Railway Company, reported it with amendments. 

Mr. WARREN, from the Select Committee on Woman Suf- 
frage, to whom the subject was referrel, submitted a report 
thereon, accompanied by a joint resolution (S. R. 129). proposing 
an amendment to the Constitution of the United States, extend- 
ina- the rigKt of suffrage to women; which was read twice by its 
title. >*^»1»- 

Mr. VANCE subsequently said: I ask leave to submit the views 
of the minority of the Committee on Woman Suffrage on the 
joint resolution proposing an amendment to the Constitution ex- 
tending the right of suffrage to women, in order that it may be 
printel with the report of the majority of the committee which 
was submitted this morning. 

The PRESIDING OFFICER (Mr. Platt in the chair). The 
views of the minority will be received and printed with the report 
of the majority of the committee. 

Mr. HARRIS, from the Committee on Epidemic Diseases, 
submitted a report to accompany the bill (S. 2707) granting ad- 
ditional quarantine powers, and imposing additional duties upon 
the Marine Hospital Service, heretofore reported by him. 

WATER WORKS IN ERIE, PA. 

Mr. QUAY. I am instructed by the Committee on Public 
Buildings and Grounds to report back favorably, with amend- 
ments, the bill (H. R. 9S26) granting certain rights and privi- 
leges to the commissioners of water works in the city of Erie, 
Pa. If there is no objection, I ask that the Senate proceed to 
the consideration of the bill at this time. 

Mr. COCKRELL. Let it be real for information. .^ 



and Grounds was, in line 8, after the word "acro.ss," to insert 
'• the land belonging to the United States on;" so as to read: 

That the commissiouers ot waterworks In the city of Erie, in the Stale of 
Pennsylvania, be. and they are hereby, granted the right to lay, extend, and 
maintain their intake pipe from their present pumping station at the toot of 
Chestnut street, at Erie, Pa., across the Bay ot Presque Isle to the peninsula, 
thence across the land belonging to the United States on the peninsula to the 
shore of Lake Erie, etc. 

The amendment was agreed to. 

The next amendment was, in line 15, after the word " also," to 
insert " the use of; " in the same line, after the word " land, to 
insert " belonging to the United States;" and in line 16, after 
the word "crossing," to strikeout the words " and the use of 
same; " so as to read: 

Also the use of such land belonging to the United States as may be re- 
quired tor aroad, or roads, to and from the main land to place of crossing; 
all according to such plans and specitlcations as maybe approved by the 
Secretary of War, and such plans shall be executed under his direction and 
supervision. 

The amendment was agreed to. 

The next amendment was to add the following additional sec- 
tion: 

Sec. 2. The right to alter, amend, or repeal this act is hereby reserved. 

The amendment was ag'reed to. 

The bill was reported to the Senate as amended, and the 
amendments were concurred in. 

The amendments were ordered to be engrossed , and the bill 
to be read a third time. 

The bill was read the third time, and passed. 

Mr. QUAY. I move that the Senate request a conference 
with the House of Representatives on the bill and amendments. 

The motion was agreed to. 



By unanimous consent, the Vice-President was authorized to 
appoint the conferees on the part of the Senate, and Mr. Quay, 
Mr. MORRILL, and Mr. Vest were appointed. 

BILLS INTRODUCED. 

Mr. FRYE introduced abill (S. 3659) authorizing the appoint- 
ment of a commission to make a settlement of the claims grow- 
ing out of the issue of bonds by the United States to aid in the 
construction of certain railroads and to secure to the United 
States payment of all indebtedness of certain railroad companies 
therein mentioned; which was read twice by its title, and re- 
ferred to the Select Committee on the President's Message trans- 
mitting the Report of the Paoilic Railway Commission. 

Mr. COKE introduced a bill (S. 3600) for the establishment ot 
a lightrhouse, fog signal, and line lights at or near the mouth 
ot the Brazos River. Texas; which was read twice by its title, 
and referred to the Committee on Commerce. 

Mr. DAWES introduced a bill (S. 3661) for the relief of the 
estate of John R. Bigelow; which was read twice by its title, and 
referred to the Committee on Claims. 

Mr. CHANDLER introduced a bill (S. 3662) to proHibit un- 
lawful military organizations; which was read twice by its 
title, and referred to the Select Committee on the Employment 
of Armed Bodies of Men for Private Purposes. 

He also introduced abill (S. 3663) establishing additional regu- 
lations concerning immigration to the United States: which 
was read twice by its title, and referred to the Committee on 
Immigration. 

Mr. MCMILLAN introduced a bill (S. 3664) creating form of 
real-estate deed for the District of Columbia; which was read 
imice by its title, and, with the accompanying papers, referred 
to the Committee on the District of Columbia. 

Mr. QUAY introduced a bill (S. 3665) for the relief of George 
R. Burnett; which was read twics by its title, and referred to 
the Committee on Military Affairs. 

He also introduced a bill (S. 3666) enlarging the limit tor the 
construction of a post-oftice building at Allegheny, Pa.; which 
was read twice by its title, and referred to the Committee on 
Public Buildings and Grounds. 

Mr. PERKINS introduced a bill (S. 3667) granting a pension 
to Willis Clayton; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

He also introduced a bill (S. 3668) granting a pension to Mrs. 
Sarah Beardsley; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

He also introduced a bill (S. 3669) granting a pension to Isaac 
Newman; which was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. SAWYER introduced a bill (S. 3670) granting an increase 
of pension to Charles A. Lang; which was read twice by its title, 
and referred to the Committee on Pensions. 

Mr. McMillan introduced a joint resolution (S. R. 130) to 
amend an act entitled "An act making Saturday a half holiday- 




Mr. CULLOM introduced a joint resolution (S. R. 131) giving 
the views of Congress on the construction of the swamp land act, 
approved September 28, 1850; which was read twice by its title, 
and referred to the Committee on Public Lands. 



Mr 



USE OP STREETS IN WASHINGTON. 
GORMAN. I introduce a joint resolution and ask unani- 



mous consent for its present consideration. 

The joint resolution (S. R. 128) to authorize the Secretary of 
War to grant permits for the use of reservations and public 
spaces in the city of Washington, and for other purposes, was 
read the first time by its title and the second time at length, as 
follows: 

Resolved by the Senate and House of Representatives, ete.. That the Secretary 
of War is hereby authorized to grant permits to the executive committee on 
inaugiu-al ceremonies for the use of any reservation, or other public space, 
in the city of Washington, on occasion of the inauguration of the President- 
elect on the4tha,ay ot March, 1893. which in his opinion wllllnfllct no serious 
or permanent injury upon such reservation or public space; and the Com- 
missioners of the District of Columbia may designate for such and other 
purposes such streets, avenues, and sidewalks in the District as they may 
deem proper and necessary therefor. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the joint resolution? 

There being no objection, the joint resolution was considered 
as in Committee of the Whole. 

Mr. HOAR. Let the joint resolution be read again. 

The joint resolution was again read. 

Mr. GORMAN. I will state to the Senator from Massachvi- 
setts that by the appropriation act of 1890 special provision was 
made that no seats or structures of any kind should be erected 
upon the streets in this city without the consent of Congress. 



1893. 



CONGRESSIONAL EECORD— SENATE. 



327 



He also pi-esented petitions of J. D. Adams and 17 other citi- 
zens of Marion; of Garret M. Walrod and 17 other citizens of Ma- 
rion County; of S. A. Billeys and l(i other citizens of Worcke: of 
Christian Low and 20 other citizens of Virgo; of W. B. King 
and 17 other citizens of Lafayette County; of Nicolaus Rou^sel 
and 21 other citizens of Randolph; of J. R. Henderson and 21 
other citizens of Vincennes, and of Charles W. Tritt and 10 other 
citizens of Randolph, all in the State of Indiana, pi-aying for the 
appointment of a Senate committee to investigate the combine 
formed to depreciate the price of grain, and now existing be- 
tween the elevators, millers, and railroads at Minneapolis, 
Miun., and at St. Louis, Mo., and asking for the postponement 
of the Washburn-Hatch antioptiou bill until such committee 
shall report; which were referred to the Committee on Agricul- 
ture and Forestry. 

Mr. BERRY presented a memorial of citizens of the Cherokee 
Nation residing or having improvements in what is known as 
the Cherokee Outlet, remonstrating against the ratification of 
the Cherok.o agreement until their rights in that Territory are 
properly provided for; which was referred to the Committee on 
Indian AtTairs. 

Mr. ALLISON presented the petition of T. Thorson and other 
citizens of Winneshiek County, Iowa, praying for the passage of 
the Washburn-Hatch antioption bill; which was ordered to lie 
on the table. 

He also presented petitions of the Journeymen Tailors' Unions 
of Ottumwa. Des Moines, Fort Dodge, Cedar Rapids, and Bur- 
lington, all in the State of Iowa, praying for the passage of House 
bill 8.")35, limiting the free entry of wearing apparel of foreign 
manufacture: which were referred to the Committee on Finance. 

He also presented the memorial of J. Wesley Brown, of Emery, 
S. Dak., remonstrating against the importation of tea and coffee 
into the United States as being unwholesome beverages; which 
■was referred to the Committee on Finance. 

He also presented the petition of J. Wesley Brown, of Emery, 
S. Dak., praying for the passaae of a law making persons com- 
mitting perjury in Federal courts and before registers and re- 
ceivers of United States land offices responsible in damages to 
the party injured by the same, and also allowing the prosecuting 
party one-half of all money collected as fines or forfeitui-e in such 
cases; which was roferi'ed to the Committee on the Judiciary. 

He also presented a joint resolution of the Legislature of Iowa, 
a petition of citizens of Polk County, Iowa, and the petition of 
W. W. Blair and o'her citizenr; of Lamoni, Iowa, praying for the 
pa-.sage of the Washburn-Hatch antioption bill ; which were or- 
dered to lie on the table. 

He also presented memorials of Bcuna Vista Grange, No. 511, 
Patrons of Husbandrj', of Murphy, of four churches of Keota; of 
the Presbyterian Synod of Burlington, and of the Presbyterian 
Church of Keokuk, representing 2,500 members, all in the State 
of Iowa, remonstrating against the repeal of the law closing the 
World's Columbian Exposition on Sunday; which were referred 
to the Committee on the Quadro-Centennial (Select). 

Mr. CULLOM presentsd petitions of F. M. Miller and other 
citizens of Jefferson County: of D. Akin and other citizens of 
Franklin County: of Ferdinand Long and other citizens of St. 
Clair Countj-: of Joseph Diel and other citizens of Jasper County, 
and of James E. Stevens and other citizens of Hardin County, 
all in the State of Iljinois, praying for the appointment of a com- 
mittee to investigate the combine formed to depreciate the price 
of grain, and asking for the ijostponement of the Washburn- 
Hatch antioption bill until such committee shall report; which 
were referred to the Committee on Agriculture and Forestry. 

Mr. SHERMAN presented petitionsof the Ohio State Grange, 
Patrons of Husbandry; of the Eastern Erie Coimty Farmers' In- 
stitute; 'Jennings Grange, No. 1320, Patrons of Husbandry; of 77 
citizens of Franklin County: of 18 citizens of Henry County: and 
of Scioto Grange, No. loSS, Patrons of Husbandry, all in the 
State of Ohio, praying for the passage of the antioption bill; 
which were ordered to lie on the table. 

He also presented a petition of the Board of Trade of Cleve- 
land, Ohio, praying for the passage of a national quarantine law 
with ample appropriations to secure its proper execution, and 
the enactment of such other regulations as will protect the 
United States from the introduction of cholera; which was re- 
ferred to the Committee on Epidemic Diseases. 

He also presented memorials of the Young People's Society of 
Christian Endeavor of the Presbyterian Church of Chicago: of 
citizens of Lockland; of the Presbytery of Steubenville; of the 
Second United Presbyterian Church of New Concord, and oLthe 
Reformed Presbyterian Congregation of New Concord, all in the 
State of Ohio, remonstrating against the repeal of the law closing 
the World's Columbian Exposition on Sunday; which were re- 
ferred to the Committee on the Quadro-Centennial (Select). 

Mr. HOAR. I present a petition very largely signed by the 
most eminent merchants and bankers of Boston, Mass., repre- 



senting, I am quite sure, the unanimous opinion of all classes of 
persons in that community, praying for the repeal of the ureseut 
law for the purchase of silver bullion. I movo that the petition 
be referred to the Committee on Finance. 

The motion was agreed to. 

Mr. QUAY presented a petition of the select and common 
councils of Philadelphia, Pa., praying that an appropriation bo 
made for an examination, survey, and report for a channel be- 
tween the Delaware River and Rarilan Bay; which was referred 
to the Committee on Commerce. 

He also presented the petition of Mrs. Brennan, widow of Ber- 
nard Brennan, and sundry other citizens of Philadelphia, Pa., 
praying for the removal of the charge of desertion against the 
military record of Bernard Brennan, alias Barney O'Brine, of 
Company U, Forty-eighth Regiment Pennsylvania Voluntojrs; 
which was rcfei'red to the Committee on Military AlTairs. 

He also i^rosented memorials of the Cumberland Presbyterian 
Church of Carmichajls, Pa.; of the First United Presbyterian 
Church of Mercer. Pa.; of the Quarterly Meeting of Iho Minis- 
terial Union of Philadelphia, Pa.; of the First Methodist Episco- 
jial Church of York, i'a.; of the Presbyterian Church of Wrights- 
ville. Pa.; of the Meyers ville Council, No. Ill, Junior Order of 
American Mechanics, of Meyersville, Pa.; of the Presbytery of 
Pittsburg, Pa.: of the Meeting of the Presbytery of Redstone, 
held at Markleton, Pa.; of the Presbyterian Church of New Bed- 
ford, Pa.; of the United Presbyterian Church of New Bedford, 
Pa.; of the Second Street Lutheran Congregation of Columbia, 
Pa., and of the Upper Ten Mile Congregation, of Washington 
County, Pa., remonstrating against the sale of intoxicating 
liquors at the World's Columbian Exposition and the repeal of 
the present law closing the Exposition on Sunday; which were 
referred to the Committee on the Quadro-Centennial (Select). 

Mr. CAMERON presented a petition of the select and com- 
mon councils of Philadelphia, Pa., praying that an appropriation 
■ be made for an examination, survey, and report for a channel 
between the Delaware River and Raritan Bay; which was re- 
ferred to the Committee on Commerce. 

He also presented a petition of the Maritime Exchange of 
Philadelphia, Pa., praying for the passage of a national quaran- 
tine law; which was referred to the Committee on Epidemic Dis- 
eases. 

He also presented memorials of the First Presbyterian Con- 
gregation of York, Pa., and the United Presbyterian Presbytery 
of Allegheny, Pa. , remonstrating against the repeal of the present 
law closing the World's Columbian Exposition on Sunday; 
which were ordered to lie on the table. 

Mr. PROCTOR presented the memorial of Rev. C. W. Morse 
and members of the Methodist Episcopal Church of Peacham, 
Vt., remonstating against the passage of legislation repealing 
the provision closing the Woi-ld's Columbian Exposition on Sun- 
day; which was referred to the Committee on the Quadro-Cen- 
tennial (Select). 

Mr. FELTON presented a petition of the survivors of the 
crew of the late United States steamer Rodgers, of the Jean- 
etts search expedition, praying for the passage of legislation for 
their relief; which was referred to the Committee on Naval 
Affairs.'' 

Mu PERKINS presented the petition of John Puller, sr., and 
23 other citizens of Seneca, Kans., wraying for the adoption of 
the sixteenth amendment to the Constitution of the United 
States prohibiting any State from passing any law respecting 
religion ; which was referred to the Committee on the Judiciary. 

Mr. COCKRELL. Presuming that a petition is a matter of 
right, I present the petition of Mrs. Eltie G. Snow, of SchoU 
City, Mo., praying for an investigation of the cause of the death 
of her daughter, Laura Snow, a teacher in the Presbyterian 
mission school at Richfield. Utah Territory, October 4, 18S9, ac- 
companied by a very elaborate statement, and a very elaborate 
appendix to such statement. I move that the petition bo referred 
to the Committee on Education and Labor. 

The motion was agreed to. 

Mr. BRICE presented a petition of the Cleveland (Ohio) Board 
of Trade, adopted December 30, 1892, praying for the passage of 
legislation relative to the establishment of a national quaran- 
tine; which was referred to the Committee on Ejiidemic Diseases. 

He also presented a petition of the Builders' Exchange of Cin- 
cinnati, Ohio, praying for the passage of the Torrey bankruptcy 
bill; which was referred to the Committee on tho Judiciary. 

He also presented a petition of Rank and File Garrison, No. 
77, Regular Army and Navy Union, of Cleveland, Ohio, praying 
for the passage of legislation providing for the retirement of en- 
listed men after twenty-five years of faithful service; to increase 
the pay of noncommissioned oiTicors in the Army; to construe the 
allowances of enlisted men so as to include fuel and quarters, and 
to provide a retired list for enlisted men of the Army; which 
was referred to the Committee on Military Affairs. 



328 



CONGRESSIONAL llECORD— SENATE. 



jANUAltY 5, 



He also presented a petition of the Cincinnati (Oliio) Chamber 
of Commorce praying- for tho passage of legislation favoring the 
construction of the iSMcaragua canal under the supervision and 
o-uarauty of tho Government; which was ordered to lie on the 

He'also prcssnted the petition of A. Hurd,of Pindlay, Ohio, 
praying for the passage of legislation making certain reforms in 
the" pension system; which was referred to the Committee on 
Pensions. 

He also presented petitions of F. G. Thompson and 19 other 
citizens of Springfield, Ohio; of Prank R. Packum and 17 other 
citizens of Springfield, Ohio, and of grain growers of various 
parts of the United States, praying for the appointment of a Sen- 
ate Committee to investigate the combine formed to depreciate 
the price of grain, and asking for the postponement of the Wash- 
burn-Hatch antioption bill until such committee shall report; 
which were referred to the Committee on Agriculture and For- 
estry. 

He also presented memorials of 28 citizens of Perry; of the 
Ohio Sunday School Association; of Rev. J. P. Sharp, of Findlay; 
of the congregation of the First Presbyterian Church of Toledo; 
of Rev. .J. "a. Crayton, of Westerville: of Thomas H. Pearce, of 
Xenia; of M. M. Murphy, of Ripley; of tho congregation of the 
Presbyterian Church of Clifton; of several church organizations 
of East Liverpool, aggregatingover 3, OOOcommunicauts; of J. S. 
Postle and 2() other members of the Young People's Society of 
Christian Endeavor; of Kev. P. A. Wilber, pastor Presbyterian 
Church of Mount Vernon and president of Knox County (Ohio) 
Sabbath Association; of Rev. J.W. Best, pastor Second Presbyte- 
rian Church of Carrollton; of Rev. E. P. Thorson, in behalf of the 
Second Presbyterian Church of Springfield; and of thecongrega- 
tion of the Second United Presbyterian Church of New Concord, 
all in the Stat^ of Ohio, remonstrating against the passage of 
any legislation opening tho gates of the World's Columbian Ex- 
position on Sunday; which were referred to tho Committee on 
the Quadro-Centennial (Select). 

He also presented petitions of the Ohio Farmers' Institute; of 
H. Nettleton, of Windfall; of Charles O. Hale, of Summit County; 
of the Stats convention Ohio Farmers' Alliance; of the Farmers' 
Institute of Erie County; of Homer Grange, No. 4.01, Patrons of 
Husbandry, of Georgetown; of Chapel Grange, No. 26, Patrons 
of Husbandry, of Xenia; of Sylvania Grange, No. 1188, Patrons 
of Husbandry, of Lucas County; of Washington Hall Alliance, 
No. 240, of Carrollton; of Huron Grange, No. ISO, Patrons of 
Husbandry, of Greenwich: of the Farmers' Institute of Portage 
County: of the Farmers' Institute of Polk and Wellington; of 
the Wellington (Ohio) Grange, No. 1339, Patrons of Husbandry; 
of Victory Association, No. 164(i, Patrons of Husbandry of North 
Amsi-ioa, Liberty Center; of Wyandot Grange, No. 549, Patrons 
o' Husbandry; of Jennings Grange, No. 13:!0, Patrons of Hus- 
bandry, of Venedocia; of Scioto Grange, No. 1333, Patrons of 
Husbandry, of Circleville; of Progressive Grange, No. 1362, Pat- 
rons of Husbandry, of Festonia; of tho Ohio State Grange, Pat- 
rons of Husbandj-y; of Wilbur L. Sparks, of Clyde; of Greenwich 
Parmers'Institute Association, of Greenwich; of St.Clair Grange, 
No. 137", Patrons of Husbandry; of Milton Grange, No. 733, 
Patrons of Husbandry; of Albert Hale, president of the Farmers' 
Institute of Summit County; of M. J, Grimes and 17 other farm- 
ers of Henry County; of .53 citizens of Spring Mills and vicinity; 
of Madison Grange, No. 194, Patrons of Husbandry, of Canal 
Winchester; of Pomona Grange, No. 64, Patrons of Husbandry, 
of Huron County; of Eldorado Grange, of Eldorado, and of Twin 
Valley Grange, of Lewisburg, all in the State of Ohio, praying 
for the passage of tho Washburn-Hatoh antioption bill; which 
were ordered to lie on the table. 

REPORTS OF COMMITTEES. ^ 

Mr, DOLPH, from the Committee on Commerce, to whom was 
referred the bill (S. 3568) providing for the establishment and 
enfoi'cement of rules and regulations for tho use and navigation 
of United States canals and similar works of navigation, and for 
other purposes, reportsd it with amendments. 

Mr. COKE, from the Committee on Commerce, to whom was 
referred the bill (H. R. 9824) to amend ''An act to promote the 
construction of a safe deep-watjr harbor on the coast of Texas,'' 
approved February 9, 1891, reported it with an amendment, 

Mr. VEST, from the Committee on Commerce, to whom was 
referred tho bill (H, R. 9930) for the construction and mainte- 
nance of a bridge across the St. Lawrence River, reported it with 
an amendment. 



.^jjirtf- 



^^RAFT-TOWING ON THE GREAT LAKES, 
l^. li 



Mr. PRTE. I am instructed by the Committee on Commerce 
to report back favorably, without amendment, the joint resolu- 
tion (S. R. 124) directing the Secretary of War to investigate the 
subject of raft-towing on the Great Lakes and their connecting 



waters. I was requested by the committee to ask immediate 
consideration, as the commission should be appointed before the 
spring opens. 

Mr. COCKRELL. Let the joint resolution be read for infor- 
mation, then, subject to objection. 

Mr. FRYE. It is very simple. 

After i-eading, the Senate, by unanimous consent, proceeded 
to consider the joint resolution as in Committee of the Whole. 
It directs the Secretary of War to appoint a board, to consist of 
three officers of the Engineer Corps of tho Army, to investigate 
the subject of raft-towing on the Great Lakes and their con- 
necting waters, and to report to Congress as to what i-estric- 
tions, if any, should bo placed upon the size and manner of con- 
structing and towing rafts upon the Great Lakes and their 
connecting waters. 

The joint resolution was reported to the Senate without amend- 
ment, ordered to be engrossed for a third reading, read the 
third time, and passed. 

BILLS INTRODUCED. 

Mr. IRBY introduced a bill (S. 3671) for the relief of Louisa 
G, Heyward and others; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Claims. 

Mr. CAMERON introduced a bill (S. 3672) to amend the act 
approved June 8, 1880, relating to the pay of the Judge- Advo- 
cate-General of the Navy; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Naval Affairs, 

Mr. COCKRELL introduced a bill (S. 3673) granting a pension 
to Eli Brov/ning; which was read twice by its title. 

Mr. COCKRELL. In connection with the bill I present a pe- 
tition of citizens of Bates County, Mo., praying for the granting 
of the pension, and the affidavits of William C. Thompson, Ed- 
win Heaviliu, and Dr. E. E. Gilmore, and I move that tho bill be 
referred, with these papers, to the Committee on Pensions. 

The motion was agreed to. 

Mr. COCKRELL introduced a bill (S. 3674) granting a pen- 
sion to Lucy F. Watson, widow of Joseph W. Melton, deceased; 
which was road twice by its title. 

Mr. COCKRELL. I present a petition in behalf of this widow, 
accompanied by the affidavits of'John H. Reid and Martha C. 
Reid. I move that tho bill and accompanying papers be referred 
to the Committee on Pensions. 

The motion was agreed to. 

Mr. COCKRELL introduced a bill (S. 3675) granting a pen- 
sion to Maria Hall, widow of Joseph E, Doak, deceased; which 
was read twice by its title, 

Mr, COCKRELL, I present with the bill the petition of 
liirs. Hall, and the affidavits of S. J. Snow, Morris Edwards, 
Martin Rice, and John Bynum, and a Pension Office letter of 
August 10, 1892, I move that the bill and accompanying papers 
Iv referred to the Committea on Pensions. 

The motion was agreed to. 

Mr. COCKRELL introduced a bill (S. 3676) granting a pension 
to James F. Crump; which was read twice by its title. 

Mr. COCKRELL. I present a petition to accompany the bill, 
with an affidavit, and I move their reference, with the bill, to the 
Committer on Pensions, 

The motion was agreed to. 

Mr. COCKRELL introduced a bill (S. 3677) granting a pension 
to John G. Hanna; which was read twice by its title. 

Mr. COCKRELL. The bill is accompanied by the imverified 
l)Ctition of Mr. Hanna. I move that the bill and petition be re- 
ferred to the Committee on Pensions. 

The motion was agreed to. 

Mr. COCKRELL introduced a bill (S. 3678) granting a pension 
to Margaret Garrison, widow of ,Iamss G. Garrison; which was 
read twice by its title, and referred to the Committee on Pen- 
sions, 

He also introduced a bill (S. 3679) for the relief of Eliza Dick- 
frhoff, widow of Louis Dickerhoff, decoa.sed, of Company A, 
Cape Girardeau (Mo.) Home Guards; which was read twice by 
its title. 

Mr. COCKRELL. I also present a petition from the widow, 
praying for a correction of the military record of her husband 
and' for the^ranting of apension; I suppose the bill ought to go 
to the Committee on Pensions. I move that it be so referred, 
with the accompanying petition. 

Tho motion was agreed to. 

Mr. COCKRELL introduced ablll (S. 3680) for the relief of Ber- 
nard J. D. Irwin; which was read twice by its title, and referred 
to the Committee on Claims. 

Mr. QUAY introduced a bill (S. 3681) to provide for the retire- 
ment of Lieut. Col. James Cooper McKee, surgeon United States 
Army,asfull colonel; which was read twice by its title, and, with 



1893. 



CONGRESSIONAL RECORD— HOUSE. 



355 



M. Colman. widow, to prosecute a claim — to the Committee on 
War Claims. 

By Mr. COBB of Alabama: A bill (H. R. 10053)for the relief of 
Robert C. Burton— to the Committee on Claims. 

By Mr. HENDERSON of Illinois: A bill (H. R. 10054) granting 
an increase of pension to Sylvenus Cole— to the Committee on 
Invalid Pensions. 

Also, a bill (H. R. 1005.')) granting an honorable discharge to 
Adam Hand — to the Committee on Military Affairs. 

By Mr. McCREARY : A bill (H. R. lOOje) for the relief of Dr. 
O. P. Hill— to the Committee on War Claims. 

By Mr. PATTERSON of Tennessee: A bill (H.R. 10057) lor 
the relief of Absalom B. Jewell — to the Committee on Pensions. 

By Mr. PATTISON of Ohio: A bill (H. R. 10U58) to remove the 
charffo of desertion against F. E. Williams — to the Committee 
on Military Afl'airs. 

By Mr. STONE of Kentucky: A bill (H. R. 10059) for the relief 
of Cordelia A. Ritchie — to the Committee on War Claims. 

Also, a bill (H. R. lOOCiO) for the relief of Augustus P. Green- 
to the Committee on War Claims. 

By Mr. WISE: A bill (H. R. 10061) for the relief of John M. 
Blankenship— to the Committee on Naval Affairs. 



PETITIONS, ETC. 

Under clause 1 of Rule XXII, the following petitions and pa- 
pers were laid on Clerk's desk and referred as follows: 

By Mr. ANDREW: Petition of Henry B. Bowyer, Joseph W. 
Howard, John I. Moni'oe, and oOJ others, of Massachusetts, 
praying for the repeal of the act to prohibit the coming of 
Chinese persons into the United States, appi'oved May 5, 1892, 
and known as the "Geary bill," excepting the first section 
thereof — to the Committee on Foreign Affairs. 

Also, petition of 15 citizens of Boston, Mass., praying for the 
repeal of the Geary bill — to the Committee on Foreign Affairs. 

By Mr. BELKNAP: Petition of Hon. A. B. Turner and 87 
others, representing the business interests of the city of Grand 
Rapids, l\Iich., for free postal delivery when practicable by good 
roads — to the Committee on the Post-OfBco and Post-Roads. 

Also, petition of A. A. Lyon and 54 others of Pewamo, Mich., 
to open the World's Columbian Exposition on Sundays — to the 
Select Committee on the Columbian Exposition. 

By Mr. BELTZHOOVER: Petition of the members of the 
Methodist Church of Shermanstown, Pa., against the opening of 
the World's Fair on Sunday— to the Select Committee on the 
Columbian Exposition. 

Also, petition of the Chamber of Commerce of New York, for 
the enactment of a suitable law placing the control of quarantine 
in New York, and all other places, under national control — to the 
Select Committee on Immigration and Naturalization. 

By Mr. BOUTELLE: Memorial of citizens of Pembi-oke, Me., 
in favor of legislation for the preservation of the Sabbath, and 
other purposes — to the Select Committee on the Columbian Ex- 
position. 

Also, petition of physicians of Penobscot County, Me., in fa- 
vor of an appropriation for a medical congress in September, 
1893 — to the Committee on Appropriations. 

By IMr. BRETZ: Petition of the Ohio Sabbath Association, 
protesting against i-econsidering the proposition to open the 
World's Pair on Sunday — to the Select Committee on the Co- 
lumbian Exposition. 

By Mr. BRODERICK: Petition of George Taylor and others, 
of Meriden, Jefferson County, Kans., in favor of restricting for- 
eign immigration — to the Select Committee on Immigration and 
Naturalization. 

By Mr. CHIPMAN: Claim of William E. Tew, to accompany 
House bill for the relief of William E. Tew — to the Committee 
on Invalid Pensions. 

Also, petition of Charlotte Davis, for damages during the late 
war — to the Committee on War Claims. 

Also, petition of Detroit Lodge, No. 2. International Associa- 
tion of Machinists, in favor of retaining the duty on sugar-mak- 
ing machinery so long as a bounty is paid to sugar producers — 
to the Committee on Ways and Means. 

Also, petition of citizens of Ohio and Michigan, in favor of 
the passage of the House bill. No. 9750, entitled "To protect 
American workingmen " — to the Committee on Labor. 

By Mr. CRISP: Memorial from the Savannah Cotton Ex- 
change, requesting the passage of the bill entitled "An act to 
i-egulate commerce " — to the Committee on Interstate and For- 
eign Commerce. 

By Mr. CUTTING: Memorial of the Chamber of Commerce of 
San Francisco, Traffic Association of California, California State 
Board of Trade, San Francisco Produce Exchange, Board of 
Trade of San Francisco, Board of Trade of Oakland, Cal., Geo- 



graphical Society of the Pacific, California League of Progress, 
and the Manufacturers' Association of California, urging speedy 
enactment of legislation for the construction of the Nicaragua 
Canal under control of the United States — to the Committee on 
Interstate and Foreign Commerce. 

By Mr. DINGLEY: Petition of the board of managers of the 
National Temperance Society, for the prohibition of the sale of 
intoxicating liquors within the gi-ounds of the Columbian Ex- 
position — to the Select Committee on the Columbian Exposition. 

By Mr. GEISSENHAINER: Petition of the First Presbyte- 
rian church of Cianbury, N. J., in favor of closing the World's 
Fair on the Sabbath day— to the Select Committee on the Co- 
lumliian Exposition. 

By Mr. HARE: Two papers, one a protest of the Sabbath As- 
sociation of Illinois, and the other a memorial of the Sabbath 
Association of Ohio: both against the repeal of law closing the 
AV'orld's Fair on Sunday— to the Select Committee on the Co- 
lumbian Exposition. 

By Mr. BARTER: Petition of the Young People's Christian 
Endeavor, of Chicago,Ohio,asking that the World's Fair bo closed 
on Sunday — to the Select Committee on the Columbian Exposi- 
tion. 

Also, petition of citizens of Morrow County, Ohio, praying for 
an appropriation to assist in defraying the expenses of the Pan- 
American Medical Congress— to the Committee on Appropria- 
tions. 

By Mr. HEARD: Petition of members of the faculty of Cen- 
tral College of Payette, Mo., in favor of the adoption of the 
netric system of weights and measures in the Government 
customs service — to the Committee on Coinage, Weights, and 
Measures. 

Also (by request), petition of E. L. Phillips for extra services 
performed— to the Committee on xVccounts. 

By Mr. HENDERSON of Illinois; Resolutions of the Minis- 
terial Association of the Dixon district of the Rock River con- 
ference, in relation to the opening of the World's Columbian 
Exposition on the Sabbath — to the Select Committee on the 
Columbian Exposition. 

By Mr. HITT: Memorial and resolutions of Middle Creek Pres- 
byterian Church of Frceport, 111., against the repeal of the Sun- 
day-closing law of last Congress for the World's Fair — to the 
Select Committee on the Columbian Exposition. 

Also, petition of Mrs. Ellen F. Miller, to accompany House 
bill 100.'12, a-king that her pension bo reissued — to the Commit- 
tee on Invalid Pensions. 

By Mr. LANE: Petition of William Rhodes and citizens of 
Moultrie County, 111., relative to a combination between millers, 
railroads, and elevators for the purpose of depressing the pi-ice 
of wheat, and praying for a Congressional investigation — to the 
Committee on Agriculture. 

By Mr. O'NEILL of Pennsylvania: Memorial from the Phila- 
delphia Board of Trade, urging legislation for Government aid 
in constructing the Nicaragua Canal bypassing the bill reported 
to the Senate by the Committee on Foreign Relations or by 
some similar bill — to the Committee on Interstate and Foreign 
Cqmmerce. 

Also, memorial of the Philadelphia Board of Trade, favoring 
pooling by an amendment to the interstate-commerce law — to the 
Committee on Interstate and Foreign Commerce. 

By Mr. PEARSON: Petition of John P. Grimes and G4 voters 
of Belpre, Ohio, asking that the sale of intoxicating liquors bo 
forbidden at the World's Columbian Exposition — to the Select 
Committee on the Columbian Exposition. 

By Mr. RICHARDSON: Petition of B. W. 'V/arner and oth- 
ers.asking for an appropriation to complete the sewerage of 
" Pitworth Addition to the city of Washington " — to the Com- 
mittee on Appropriations. 

By Mr. SHIVELY: Petition of Merrell E. Boulton and U 
others, of Ekhart County, praying that the World's Fair be not 
opened on Sunday — to the Select Committee on the Columbian 
Exposition. 

By Mr. SCOTT: Petition of G. W. Hughes and others, of De- 
witt. 111., i-elative to a combination between millers, railroads, 
and elevators for the purpose of depressing the price of wheat, 
and praying for a Congressional investigation, etc.— to the Com- 
mittee on Agriculture. 

Also, petition of the State Grange of Illinois, Pati-ons of Hus- 
bandry, praying for the revival of the income tax — to the Com- 
mittee on Wavs and Means. 

By Mr. WILLIAM A. STONE: Resolutions of the United 
Presbytery of Alleghany, against opening the World's Pair on 
Sunday — to the Select Committee on the Columbian Exposition. 

By Mr. STORER: Petition of L. M. Hosea and sundry citi- 
zens of Cincinnati, Ohio, for the passage of a bill decreasing postr 
age to 1 cent— to the Committeeon the Post-Office and Post- Roads. 



356 



CONGRESSIONAL RECORD— SENATE. 



Januaey G, 



Also, petition of H. F. Almstead and sundry citizens of Lock- 
land Oliio an-ainst opening tlie Columbian Exposition on bun- 
dav— to the Select Committee on the Columbian Exposition. 

\lsa resolutions of the Cincinnati Chamber of Commerce, in 
favor of the Nicaraofua Canal bill— to the Committee on Inter- 
state ami Foreig-a Commerce. 

Bv Mr WAUGH : Petition of 14 members of the medical 
profos'sion ofHamilton County, Ind., for an appropriation to as- 
sist in defraying the expenses of the Pan-American Medical 
Con;,'rf ss— to the Committee on Appropriations. 

Also, petition of 418 citizens of Indiana, against opening the 
gales of the Columbian Ex))Osition on Sunday— to the Select 
Committee on the Columbian Exposition. 



SENATE. 

Friday, January 6, 1893. 

Prayer by the Chaplain, Rev. J. G. Butler, D.D. 

The Journal of yesterday's proceedings was read and approved. 

PRESIDENTIAL ELECTORS. 

The VICE-PRESIDENT laid before the Senate a communica- 
tion from the Secretary of State, transmitting, in pursuance of 
the provisions of the act of Congress approved February 3, ^aTj^ 
a certified copy of the final ascertainment of the electors for^W^ 
identand Vice'-President appointed in the Stat'_i of Washington 
at the election held therein on the 8th of November, 1892, as cer- 
tified to him by the governor of that State; which was ordered 
to lie on the table. 

PAYMENT TO ATTORNEYS FROM INDIAN FUNDS. 

The VICE-PRESIDENT laid before the Senate a communicar 
tion from the Secretary of the Interior, transmitting, in response 
to a resolution of the Senate of July 12, 1892, a letter from the 
Commissioner on Indian 'Affairs, together with a detailed state- 
ment showing amounts paid to attorneys out of appropriations 
made by the Fifty-first Congress, and also the contracts made 
between Indian tribes and attorneys for the recovery of moneys, 
etc., under which sucli payments were made; which, with the 
accompanying papers, was referred to the Committee on Indian 
Affairs, and ordered to be printed. 

PETITIONS AND MEMORIALS. 

Mr. WILSON presented the jjetition of A. E. Booth and 80 other 
citizens of Adams County, Iowa, praying for the passage of the 
Washbarn-Hatch antioption bill; which was ordered to lie upon 

the table. ■ , . . , „ 

Mr. SHERMAN presented memorials of 2. citizens of Camp 
Cliase; of the Congregational and Disciple Societies of Christian 
Endeavor of Chagrin Falls, and of the Ministerial Association of 
Osborn, all in the State of Ohio, remonstrating against the repeal 
of the law closing the World's Colum! ian Exposition on Sunday; 
which were referred to the Committee on the Quadro-Centennial 
(Select). 

He also presented a petition of 63 citizens of Belpre, Ohio, 
praying for the passage of a law prohibiting the sale of intoxi- 
cating liquors on the grounds of the World's Columbian Expo- 
sition: which was referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. CULLOM presented petitions of sundry laborers and farm- 
ers of Saline County and of citizens of Gallatin County, all in 
the State of Illinois, praying for the appointment of a Senate 
committee to investigate the combine formed to depreciate the 
price of grain and asking for the postponement of the Wash- 
burn-Halch antioption bill until such committee shall report; 
which were referred to the Committee on Agriculture and For- 

*Mr.' HANSBROUGH presented a petition of Gen. C. H. Smith, 
Garrison No. 83. Regular Army and Navy Union of Fort Yates, 
N. Dak., praying for the passage of legislation providing for the 
retirement of enlisted men after twenty-five years' service; 
which was referred to the Committee on Military Affairs. 

Mr. QUAY presented a memorial of Trinity Church of the 
Evangelical Association of Sunbary, Pa., and a memorial of the 
Methodist Episcopal Church of Sunbury, Pa., remonstrating 
against the repeal of the law closing the Worlds Columbian 
Exposition on Sunday: which were referred to the Committee 
on the Quadro-Centennial (Select). 

He also presented a memorial of sundry Methodist preachers 
of Philadelphia, Pa., remonstrating a:^ainst the sale of intoxi- 
cating liquors at the World's Columbian Exposition: which wa^ 
referred to the Committee on the Quadro-Centennial (Select). 

Mr. PERKINS presented a memorial of the Presbyterian 
Church of Humboldt, Kans., remonstrating against the repeal of 
the present law closing the World's Columbian Exposition on 



Sunday; which was referred to the Committee on the Quadro- 
Centennial (Select). , 

Mr. PASCO presented the petitions of George E. Pace and 33 i 
others, of C. D. Yoder and 31 others, of John E. Walton and 7 \ 
others, of F. H. Parsons and 34 others, of P. W. Butler and 35 
others, and of M. W. Lovell and 3ii others, all citizens of the 
United States, who are largely interested in tlie mining and ship- i 
ment of phosphate rock, etc., of Florida, praying that such ap- I 
propriation may bo made as may be nec^fssary to protect the en- 1 
trance to Cumberland Sound and the harbor of Fernandina, 
Florida, and prevent the destruction of the work already com- 
menced; which were referred to the Committee on Commerce. 

Mr. HOAR presented a petition of merchants and other busi- ■ 
ness men of Boston, Mass.,i)raying for the passaged legislation 
repealing the present law fer the purchase of silver bullion by 
the Treasury, commonly known as the Sherman act of 1890; 
which was referred to the Committee on Finance. 

REPORTS OP COMMITTEES. 

Mr. HANSBROUGH, from the Committee on the District of 
Columbia, to whom was referred the bill (S. 2265) for the removal 
of snow and ice from the sidewalks, crosswalks, and gutters in 
the citiesof Washington and Georgetown, and for other purposes, 
reported it with amendments and submitted a report thereon. 

SATURDAY BANK HALF HOLIDAY. 

Mr. MC MILLAN. I am directed by the Committee on the 
Dlstri«of Columbia, to whom was referred the joint resolution 
(S. R. 130) to amend an act entitled "An act making Saturday a 
half holiday for banking and trust companies in the District of 
Columbia," approved December 22, 1892, to report it with an 
amendment in the nature of a substitute and to ask for its imme- 
diate consideration, as it is a matter of importance to the Dis- 
trict. 

The VICE-PRESIDENT. The joint resolution will be read 
for information, it there be no objection. 

Mr. COCKRELL. Has it just been reported'? 

The VICE-PRESIDENT. It has just been reported from the 
Committee on the District of Columbia. 

Mr. MCMILLAN. It refers to an act which was passed by the 
Senate at the last session and became a law in December. The 
act did not cover Georgetown or Anacostia. It is an amendment 
to that act so as to cover those two jiarts of the District. 

The VICE-PRESIDENT. The proposed substitute to the joint 
resolution will be i-ead, if there be no objection. 

The Chief Clerk. The C.nnmittee on the District of Co- 
lumbia report to strike out all aft^^r the resolving clause and in- 
sert: 

That section 1 of tlip act of Congress approved December 22, 1892, entitled 
"An act making Saturday a half-holiday for banking and trust company 
purposes in the District of Columbia," be, and it is hereby, amended so as to 
rea(i as follows; ... ... 

.SEtTioN 1. That every Saturday which under existing laws shall not be- 
cdine a le 'al holiday in its entirety. In the District of Columbia, shall therein ■ 
be a h'gal holiday, from 12 o'clock at noon, for all purposes respecting the 
pieseniation for'payment or acceptance or the protesting or giving notice 
of the dishonor of bills of exchange, bank checks, drafts, promissory notes, 
and all commercial paper whatsoever, whether made in or beyond the said 
District, or whether made before or after the passage of this act, and all 
such hills of exchange, b:mk checks, drafts, promissory notes, and com- 
raeriial paper which otherwise would be due and payable, or presentable for 
acceptance or payment , in said District, on such half-holiday Saturday, shall, 
therein, be due a'nd payable or presentable for acceptance or payment on 
the secular or business d,ay next succeeding: Proridid, however. That any 
acceptance orpayment the'reof with interest thereon to said date when the 
same bears interest made on such half-holiday Saturday, before 12 o'eloclt 
noon, shall be lawful. 

And all bills of exchange, bank checks, drafts, promissory notes, and com- 
mercial paper whatsoever, which, but for existing law. would be due and 
pavable, or presentable for acceptance or payment, in said District, on anj 
dav which is a full legal holiday, or on Sunday, shall, therein, be payable, 
or'preseniable for acceptance or payment, on the secular or business day 
next succeeding, and all acts and parts of acts so far as inconsistent with 
this act are hereby repealed. 

The VICE-PRESIDENT. If there be no objection, the joint 
resolution is before the Senate as in Committee of the Whole. 

Mr. HOAR. I shotdd like to inquire how the joint resolution 
comes up at this time. 

Mr. McMillan, it is a report made by the Committee on 
the District of Columbia, relating to the former act which was 
passed by the Senate at the last session. It is requested by all 
the bankers here and it covers the whole District, giving a half- 
holiday to the banks. The act did notcover Georgetown or An- 
acostia, and the proposed amendment of it covers all the banks 
of the District. It also provides tor all classes of commercial 
paper and so corrects some inaccuracies which were found in the 
pi-esent law when an attempt was made to put it into op n-ation. 
Mr. HOAR. I wish the Senator would allow the joint resolu- 
tion to remain pending until Monday, or if it has any advantage 
by being reported now lie can withdraw the report and it can 
be made just as well at another time. 

Mr. McMillan. The only objection is that to-morrow is 
Saturday, and the joint resolution ought to be passed at once. 



1893. 



CONGRESSIONAL EECORD— SENATE. 



357 



Mr. HOAR. It is a serious subject, affecting the time of the 
maturity of negotiable paper, and I should like to have an op- 
portunity to glance at it before it is passed. The Senator can 
bring it up later in the day, perhaps. 

Mr. McMillan, ah right, I have no objection. 

The VICE-PRESIDENT. The joint resolution will be laid 
aside informally. 

BILLS INTRODUCED. 

Mr. BUTLER introduced a bill (S. 3686) for the rcliet James 
B. McElhose: which was read twice by its title, and referred to 
the Committee on Claims. 

Mr. HUNTON (by request) introduced a bill (S. 36S7) for the 
relief of Thomas H. G. Todd; which was read twice by its title, 
and. with the accompanying papers, i-eferred to the Committee 
on the Judiciary. 

Mr. McMillan introduced a bill (S. .3688) to authorize the 
Washington and Marlboro Electric Railway Company to ex- 
tend its line within the District of Columbia; which was read 
twice by its title, and referred to the Committee on the DistrtCT' 
of Columbia. 

Mr. HIGGINS introduced a bill (S. 36S9) for the relief of the 
owners of the schooner Henry R. Tilton, and of personal effects 
thereon; which was read twice by its title, and referred to the 
Committee on Claims. 

Mr. COCKRELL introduced a joint resolution (S. R. 132) to 
print 100,000 copies of special report of the Bureau of Animal 
Industry on diseases of cattle and on cattle feeding ; which 
was read twice by its title, and referred to the Committee on 
Printing. 

NICARAGUAN CANAL. 

On motion of Mr. MORGAN, it was 

Ordered, That 3,000 copies ol the Senate bill No. 1218 be printed lor the use 
of the Senate. 

INTRODUCTION OF REINDEER IN ALASKA. 

Mr. TELLER submittsd the following resolution; which was 
considered by unanimous consent and agreed to: 

Besoli'ed. That the Commissioner of Education be dii'ected to transmit a 
copy of the latest report of Dr. Sheldon Jackson on the Introduction of do- 
mesticated reindeer into Alaska. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
ToWLES, its Chief Clerk, announced that the House had passed 
thii joint resolution (S. R. 123) to fill vacancies in the Board of 
Regents of the Smithsonian Institution. 

The message also announced that the House had agreed to the 
amendment of the Senate to the joint resolution (H. Res. 166) to 
authorize the Secretary of the Treasury to cover back into the 
Treasury $48,800 of the appropriation to Choctaw and Chickasaw 
Indians. • 

The message further announced that the House had passed a 
bill (H. R. 9!i23) making appropriations for fortifications and 
other works of defense, for the armament thereof, for the pro- 
curement of heavy ordnance for trial and service, and for other 
purposes, in which it requested the concurrence of the Senate. 

PROPOSED SUSPENSION OP IMMIGRATION. 

The VICE-PRESIDENT. The Chair lays before the Senate 
a resolution coming over from a previous daj-, which will be 
read. 

The Chief Clerk read the resolution submitted yesterday by 
Mr. Hill, as follows: 

Resolved, That the Clerk of the Senate be directed to transmit to the hon- 
orable the Secretary of State a copy of Senate bill No, 3513. now pending In 
this body, entitled "A bill for the suspension of immigi\ition for one year," 
and that the Secretary of State be. and is hereby, respectfully reciuested to 
inform the Senate at his earliest convenience whether the provisions of the 
said bill absolutely suspending Immigration for the period of one year are 
incontiict with any treaties now e.\isting between the United States and any 
foreign cotmtries; and, if so, with what coimtries. and any further informa- 
tion which he may deem necessary for the information of the Senate in re- 
lation to the propriety of the enactment of the said bill in its present form. 

Mr. CHANDLER. Mr. President, there is no objection to the 
adoption of the resolution. Immediately after the bill referred 
to therein was taken up for consideration by the Committee on 
Immigration the questions suggested by the resjlution were 
asked informally of the Secretary of State, and he is now ready 
to reply to them. Therefore I hope that the resolution may be 
passed, although I see that the Senator from New York [Mr. 
Hill] it absent. I desire to say that upon consultation with the 
Senator from Ohio [Mr. Sherman] it is thought the resolution 
ought to have certain verbal changes which I send to the desk 
and move as amendments to the resolution. 

Mr. CARLISLE. The Senator from New York [Mr. Hill] is 
necessarily absent this morning, and requested me to have the 
resolution passed over without losing its place tmtil he shotild 
return: but I have examined the amendments suggested by the 
Senator from New Hampshire, and I am satisfied that with those 



amendments, if the Senator from New York were here, he would 
desire to have the resolution passed, so I do not ask to have it go 
over. 

The VICE-PRESIDENT. The amendments will be stated. 

The Chief Clekk. It is proposed to amend the resolution 
so as to read: 

Efsoh'fd, That the .Secretary of the Senate be rtirecte 1 to transmit to the 
Secretary of State a copy of Senate bill numbered STii:;, now pending in this 
body, entitled "A bill fr.rthe suspension of immi'.:ration tor one vear." .and 
thai the Secretary of Slate lie. and is hereby, directed to iurorm l"lie .Senate, 
whether the provisions of the said bill absolutely suspendini Immigr.alion 
for the perkxl of t>ne year are In conllict with any treaties now existing bo- 
tweeu the United States and any foreign countries; and, if so, with what 
coimtries, and any further Information which he may deem necessary for 
the Information of the Senate during the conslderatioii of said bill. 

The VICE-PRESIDE.N'T. The question is on agreeing to the 
amendments submitted by the Senator from New Hampshire. 
The amendments were agreed to. 
The resolution as amended was agreed to. 



HOUSE BILL REFERRED. 

The bill (H. R. 9923) making appropriations for fortifications 
and other works of defense, for the armament thereof, for the 
procurement of heavy ordnance for trial and service, and for 
other purposes; was read twice by its title, and referred to the 
Committee on Appropriations. 

ADDITIONAL QUARANTINE POWERS. 

The VICE-PRESIDENT. Is there further morning business? 
If not, pursuant to the agreement already reached, the Chair 
lays before the Senate the bill (S. 2707) granting additional quar- 
antine powers and imposing atiditional duties upon the Marine 
Hospital Service. 

Mr. QUAY. I rose to move that when the Senate adjourns to- 
day it adjourn to meet on Monday next. I make that motion. 

Mr. CHANDLER. I desire unanimous consent to remind the 
Senator from Pennsylvania that to-day and to-morrow Ijavo been 
assigned as a special order to consider the quarantine bills. It 
may be that we shall not need to-morrow and that at the close of 
the day we can adjourn until Monday, but until it is entirely cer- 
tain that we shall get through with this subject, as we do not 
wish to displace the unfinished business next week, 1 hope the 
Senator will withdraw the motion, renewing it later in the day 
if there be occasion for it. 

Mr. QUAY. Upon the suggestion of the Senator from New 
Hampshire I will withdraw the motion. 

The VICE-PRESIDENT. The motion is withdrawn. 

Mr. MITCHELL. I desire to inquire whether the special 
orders for to-day and to-morrow are to commence immediately 
after the morning business. If otherwise, I ask that we proceed 
ivith the Calendar until 2 o'clock. 

Mr. CHANDLER. The consideration of the bills is to com- 
mence aft.^r the routine morning business. 

The VICE-PRESIDENT. The agreement will be i-ead. 

The Chief Clerk read the order adopted on the 4th instant, as 
follows: 

Ordered. That on Friday next, after the routine business ol the morning 
hour is transacted, and on Saturday if necessary, bills on the Calendar re- 
nortc<i by the Committees on Epidemic Diseases and Immigration having 
relation toihedangerot the introduclicmof cholera into this country during 
the present year shall be the special ordersainl have exclusive coiisUleration 
on those days, without otherwise displacing the iiresentunhnished business. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the bill (S. 2707) granting additional quarantine powers and 
imposing additional duties upon the Marino Hospital Service, 
which had been reported from tlie Committee on Epidemic Dis- 
eaL=es with amendments. 

The first amendment was in section 1, lino 3, before the word 
" vess3l," to insert the word " other;" so as to read: 

That it shall be unlawful for any merchant ship or other vessel from any 
foreign j ort, etc. 

Mr. DOLPH. I should like to ask the Senator in charge of 
the bill if that would not subject the vessels of our Navy re- 
turning from foreign ports to the quarantine regulations of the 
States? 

:Mr. HARRIS. I did not hear the question of the Senator 
from Oregon. 

Mr. DOLPH. If the amendment inserting the word "other," 
in line 3 of the first section, is adopted, would it not subject one 
of our naval vessels arriving after a cruise from a foreign port to 
State quarantine regulationsV 

Mr. HARRIS. I think it affects all vessels saUing from a for- 
eign port to the ports of this country, whether they be our own 
o,' thos:; of foreign countries. 

Mr. CHANDLER. That is the present law, I understand. 
Our naval vessels are expected, when coming from any foreign 
port or any infected port, to comply with the State quarantine 
regulations. 



358 



CONGRESSIONAL EECORD— SENATE. 



Jai^uaey 6, 



The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the committee. 

The amendment was agreed to. 

The next amendment was, in section 1, line 4, after the word 
" port," to insert "or place; " so as to read: 

That it shall 1)8 unlawful for any merchant ship or other vessel from any 
foreign port or place toenterany port of theUuiteii Statesexcept in accord- 
ance 'with the provisions of tills act and with such rules and regulations o£ 
State and municii)al health authorities as may he made In pursuance of or 
consistent with this act. 

The amendment was agreed to. 

Mr. "WHITE. I wish to ask the chairman of the committee, 
through the Vice-President, whether we are now simply acting 
upon the committee amendments'? 

Mr. HARRIS. Yes. 

Mr. WHITE. And whether other amendments will be ex- 
cluded if not offered now? 

Mr. HARRIS. Other amendments will be in order in Com- 
mittee of the Whole and in the Senate after the bill shall have 
been reported from the committee. 

The next amendment of the Committee on Epidemic Diseases 
was, in section 3, lino 2(j, after the word ''another," to strike out 
"which" and insert "and;" in the same line, after the word 
"when," to insert '" said rules and regulations have been," and 
aftorthe word "secretary, "atthe end of line 27, to insert "they;" 
so as to read: 

The Marine Hospital Service shall report the facts to the Secretary of the 
Treasury, who shall, it in his judgment it is necessary and proper, order 
said Marine Hospital Service to make such additional rules and regulations 
as are necessary to prevent the introduction of such diseases into tlie United 
States from foreign countries, or into one State from another, and when 
said rules and regulations have been so made and approved by the Secre- 
tarv. they shall be promulgated by the Marine Hospital Service and enforced 
by the sanitary authorities of the States and municipalities, where the State 
or mtmicipal health authorities will imdertake to execute and enforce them; 
but if the State or municipal authorities shall fail or refuse to enforce said 
rules and regulations the President may detail an ofllcer or appoint a proper 
person for that purpose. 

The amendment was agreed to. 

The next amendment was to insert as a new section the follow- 
ing: 

Sec. C. That on the arrival of an infected vessel at any port not provided 
with proper facilities for treatment of the same, the Marine Hospital Service 
may remand said vessel, at its own expense, to the nearest national or other 
quarantine station where accommodations and appliances are provided for 
the necessary disinfection and treatment of the vessel, passengers, and cargo; 
and after treatment of any infected vessel at a national quarantine station, 
and after certificate shall have been given by the United States quarantine 
oftlcer at said station that the vessel, cargo, and passengers are each and all 
free from infectious disease, or danger of conveying the same, said vessel 
shall be admitted to entry to any port of the United States named within 
the certificate. But at any ports where sufficient quarantine provision has 
been made by S tate or local authorities the Marine Hospital Serrtce may di- 
rect vessels bound for said ports to undergo quarantine at said State or local 
station. 

The amendment was agreed to. 

The VICE-PRESIDENT. The next committee amendment 
will be stated. 

Mr. PLATT. Was the last amendment agreed to, Mr. Presi- 
dent? 

The VICE-PRESIDENT. It was agreed to. 

Mr. PLATT. I do not think I quite understand it; but I do 
not know that it is im])ortant that I should. 

The VICE-PRESIDENT. The amendmentwill be again read. 

Mr. PLATT. I do not ask to have it read, but I should like 
to know what the last clause of the section means ? It reads: 

But at any ports where sufficient quarantine provision has been made by 
State or local authorities the Marine Hospital Service may direct vessels 
bound lor said ports to tiniiergo quarantine at said State or local station. 

Suppose the authorities will not take them? 

Mr. HARRIS. It simply refers to the planfnecessary to treat 
an infected vessel by disinfecting the vessel and its cargo, and 
where a State quarantine happens to be nearer the port of entry 
than another quarantine, if that State quarantine is equipped 
with such plant, it gives the Marine Hospital Service authority 
to send the vessel to that quarantine for treatment. 

The next amendment of the Committee on Epidemic Diseases 
■was to insert as a new section the following: 

Sec. 7. That whenever it shall be shown to the satisfaction of the Presi- 
dent that by reason of the existence of cholera or yellow fever in a foreign 
country there is serious danger of the introduction of the same into the 
United States, and that notwithstanding the quarantine defense this danger 
Is so increased by immigration that a suspension of the same is dem.anded 
in the interest of the public health, the President shall have power to sus- 
pend Immigration from such countries or places and lor such period of time 
as he may deem necessary. 

Mr. CHANDLER. I ask the Senator from Tennessee to allow 
that amendment to pass over without Ijoing voted upon until 
after I shall have submitted some remarks upon the bill. 

Mr. HARRIS. I have no objection to complying with the re- 
quest of the Senator. 

The VICE-PRESIDENT. The amendment will be passed over 
for the present. 



Mr. HARRIS. In section 2, line 14, after the word "satis- 
fied," I move to insert the word "that;" so as to read: 
To be satisfied that the matters and things therein stated are true. 

The amendment was agreed to. 

Mr. HARRIS. In lino 20 of the same section, after the word 
"of," I move to insert "furnishing information and." These 
are amendments suggested by the Marine Hospital Service and 
the Secretary of the Treasury. 

The VICE-PRESIDENT. .The amendment will be stated. 

The Secretary. In section 2, lino 20, after the word "of," 
it is proposed to insert "furnishing information and;" so as to 
read: 

The President, in his discretion, is authorized to det;iil any medical officer 
of the Government to serve in the office of the consul at any foreign port 
for the purpose of furuishiug information and making the inspection, etc. 

The amendment was agreed to. 

Mr. HARRIS. In section 3, lino 39, after the word "exists," 
I move to insert '■ or from which the President has reason to be- 
lieve that infected articles of merchandise are being shipped." 

The VICE-PRESIDENT. The amendment will be stated. 

The Secretary. In section 3, line 39, after the word "ex- 
ists," it is proposed to insert "or from wliich the President has 
reason to believe that infected articles of merchandise are being 
shipped;" so as to read : 

The Marine Hospital Service shall make such rules and regulations as are 
authorized by the laws of the United States and necessary to be observed by 
vessels at the port of departure and on the voyage, where such vessels sail 
from any foreign port or place at which contagious or infectious disease ex- 
ists or from which the President has reason to believe that infected articles 
of merchandise are being shipped to any port or place In the United States, 
to secure the best sanitary condition of such vessel, her cargo, passengers, 
and crew. 

The amendment was agreed to. 

EXECUTIVE SESSION. 

Mr. SHERMAN. I move that the Senate proceed to the con- 
sideration of executive business. It will take but a few minutes. 

The motion was agreed to: and the Senate proceeded to the 
consideration of executive business. After _fivc minutes spent in 
executive session the doors were reopened.' 

COMMITTEE SERVICE. 

The VICE-PRESIDENT. The Senator from Maryland [Mr. 
Gibson] wishes to be excused from further service upon the 
Committee on Epidemic Diseases, and asks that the Senator from 
Louisiana [Mr. White] be appointed thereon. 

Mr. HARRIS. I ask that the Chair fill the vacancy. 

The VICE-PRESIDENT. That order will be made. 

additional quarantine powers. 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (S. 2T07) granting additional quarantine 
powers and imposing additional duties upon the Mailne Hos- 
pital Service. 

Mr. HARRIS. In section 2, I move to strike out the word 
' ' and," being the last v,-ord in line 30. I see the word is repeated. 

The amendment was agreed to. 

Mr. CHANDLER Mr. President, it is my duty and privilege 
to support this bill (S. 2707) granting additional quarantine pow- 
ers and imposing additional duties upon the Marine Hospital Ser- 
vice. It has been reported by the Senator from Tennessee |Mr. 
Harris], who has for many years given the subjects of quaran- 
tine and of epidemic diseases his close attention as chairman of 
the Committee on Epidemic Diseases. I had occasion to serve 
during the Fiftieth and Fifty-Bi-st Congresses as a member of that 
committee, and retired in the present Congress in order that my 
colleague [Mr. G.^llinger], who, I believe, is the only physician 
in th is body, might approi)riately have a place upon it. I have had 
abundant opportunity to notice the intelligence and fidelity which 
the Senator from Tennessee has brought to the preparation of 
measures to be acted upon by Congress concerning quarantine 
and the exclusion of infectious diseases either seeking to enter 
from foreign countries into this country or to pass from State to 
State, and I take it for granted that the details of this bill which 
has been submitted by him are in the main wise and judicious. 

I am in favor of every possible step which can be devised for 
the protection of this country from cholera during the coming 
season. All the powei-sof the .State governments should be put 
in motion to prevent its introduction, and all the powers of the 
National Government should be exerted for the same purpose. 
To be specific, I believe that the Treasury Department should, 
without a day's delay, proinulgate rules and regulations prescrib- 
ing the quarantine methods to be adopted to prevent the iuti-o- 
duction of disease by sea, which rules and regulations should gov- 
ern the immigrants for a certain period on the other side of the 
water before they take ship, should prescribe the regimen to be 
adopted and the precautions to be resorted to on shipboard dur- 
ing the voyage, and should also provide the sanitary measures to 



1893. 



CONGRESSIONAL RECORD— HOUSE. 



379 



tained by said vessel in collision with the United States steamer 
Chicago: which was referred to the Committee on Claims. 

BUREAU OF ANIMAL INDUSTRY. 

The SPEAKER also laid before the House a communication 
from the Secretary of Agriculture, submitting report of the 
operations of the Bureau of Animal Industry for the year 1892; 
which was referred to the Committee on Agriculture. 
PRESIDENTIAL ELECTORS, WASHINGTON. 

The SPEAKER also laid before the House a certified copy of 
the final ascertainment of the electors for Pi-esident and Vice- 
President of the State of "Washington; which was laid upon the 
table. 

REFERENCE OF SENATE BILLS. 

The SPEAKER also laid before the House Senate bills; which 
were severally read twice, and referred as indicated, namely: 

A bill (S. 1664) for the relief of Lister Noble — to the Committee 
on War Claims. 

A bill (S. 1933) concerning testimony in criminal cases or pro- 
ceedings based upon or growing out of alleged violations of an 
— act entitled "An act to regulate commerce," approved Pebruai-y 
4, 1887, as amended March 2, 18S9, and February 10, 1891 — to the 
Committee on Interstate and Foreign Commerce. 

A bill (S. 3382) to authorize a corrected patent to be issued for 
the donation land claim of Wheelock Simmons and wife — to the 
Committee on Private Land Claims. 

A bill (S. 3537) for the relief of M. P. Deady— to the Commit- 
tee on the Judiciary. 

Joint resolution (S. R. 124) directing the Secretary of War to 
investigate the subject of raft-towing on the Great Lakes and 
their connecting waters — to the Committee on Interstate and 
Foreign Commerce. 

WETMOKE & BROTHER. 

The SPEAKER also laid before the House the bill (S. 29) for 
the relief of Wetmoro & Brother, of St. Louis, Mo. 

]\Ir. COBB of Missouri. Mr. Speaker. I ask unanimous consent 
for the present consideration of this bill. 

The SPEAKER. The bill will be read, after which the Chair 
will ask if there be objection. 

Tlie bill was read at length. 

The SPEAKER. Is there objection to the present considera- 
tion of the bill'? 

Mr. COBB of Missouri. I will ask that the report be read. 

The SPEAKER. There is no House report accompanying 
the bill. 

Mr. COBB of Missouri. I ask that the Senate report be read. 

The Senate report was read at length. 

Mr. KILGORE. I would like to make some inquiry in regard 
to this bill. This is a Senate bill, I understand? 

The SPEAKER. It is. 

Mr. KILGORE. Has it been considered by a committee of 
the House? 

The SPEAKER. The gentleman from Missouri can answer 
the question. 

Mr. COBB of Missouri. It has not been reported by a House 
committee: buttho amount being small and it having been passed 
unanimously by the Senate, I deem it unnecessary that such 
action should be taken, in view of the insignificance of the amount 
involved. It carries only $200. 

Mr. KILGORE. I object to its consideration because it has 
not been considered by a House committee. 

Mr. COBB of Missouri. It is a very small matter. 

Mr. KILGORE. I do not know anything of the merits of the 
case, but I think that all of these bills should go through the 
regular channel. 

The SPEAKER. Objection is made, and the bill will be re- 
ferred to the Committee on Claims. 

CLAIMS OF THE CHOCTAW AND CHICKASAW INDIANS. 

The SPEAKER also laid before the House the Senate amend- 
ment to the joint resolution (H. Res. 160) to authorize the Secre- 
tary of the Treasury to cover back into the Treasury the sum of 
$48,800 of the appropriations for the Choctaw and Chickasawln- 
dians. 

Mr. PEEL. I ask for the reading of the Senate amendment, 
with a view of moving concurrence. 

The SPEAKER. The Senate amendment will be read. 

The Clerk read as follows: 

Add the following proviso: 

"Provided, howtcer. That neither the passage of the original act of appro- 
priation to pay the Choctaw and Chickasaw tribes of Indians for theli' inter- 
est iu the lands oE the Cheyenne and Arapahoe Reservation, dato.l March 3, 
1891. iiorof this joint resolution sh.all be held in any way to commit the Gov- 
ernment to the payment of any further sum to the Choctaw and Chickasaw 
Indians for any alleged interest In the remainder of the lauds situated In 
what is commonly known and called the leased district." 

Mr. PEEL. I move to concur iu the Senate amendment. It 
simply provides that this, a'te well as preceding legislation on the 



subject, shall not establish a precedent for other appropriations 
of a similar character. 
The Senate amendment was concurred in. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 

To Mr. Ellis, for five days, on account of important business. 

To Mr. DOAN, indefinitely, on accoimtof sickness in hisfamUy. 

Mr. CAMPBELL. Mr. Speaker, I ask leave of absence for 
one week from Monday next. 

The SPEAKER. Without objection, this request will be 
granted. 

There was no objection. 



ORDER OF business. 

Mr. JOHNSON of Indiana. Mr. Spjaker 

The SPEAKER. For what purpose does the gentleman .5se? 

Mr. JOHNSON of Indiana. I ask unanimous consent to in- 
troduce the resolution which I send to the Clerk's desk and foi- 
its reading, and that it be then referred to the Committee on 
Printing, which is the appropriate committee. 

The SPEAKER. The resolution can be referred. The Chair 
underst-ands that the gentleman desires to have it read. 

Mr. JOHNSON of Indiana. I ask unanimous consent to have 
it read. 

The SPEAKER. The gentleman from Indiana [Mr. Johnson] 
asks unanimous consent to have the resolution read for refer- 
ence. 
h Till T7ii#ITrrri''nrT I object. 

"p" Mr. JOHNSON of Indiana. The gentleman need not object to 
this 

Mr. RICHARDSON. Let it be referred under the rules. 

The SPEAK P:R. Objection is made. 

Mr. JOHNSON of Indiana. This is a resolution to which I 
want to call the attention of the House by having it read; that 
is all. 

Mr. RICHARDSON. Let it take the regular course. 
board of regents, SMITHSONIAN INSTITUTION. 

Mr. CUMMINGS. Mr. Speaker 

The SPEAKER. The Chair understands that the eentleman 
from New York [Mr. Cummings] has a resolution respecting the 
filling of a vacancy in the Board of Regents of the Smithsonian 
Institution. 

!^Ir. CUMMINGS. Mr. Speaker, I ask unanimous consent to 
report back a resolution to fill a vacancy in the Board of Regents 
of the Smithsonian Institution. It is from the Committee on 
the Library. I ask for its immediate consideration. 

The SPEAKER. The Clerk will report the title of the reso- 
lution. 

The Clerk read as follows: 

Joint resolution (S. R. 123) to All vacancy in the Board of Regents of the 
Smithsonian Institution. 

The SPEAKER. The gentleman from New York [Mr. CUM- 
MINGS] asks unanimous consent for the consideration of this reso- 
lution, and the Clerk will read it, after which the Chair will 
ask if there be objection. 

The resolution was read, as follows: 

liesolh-ed, etc.. That the vacancy in the Board of Regents of the Smithsonian 
Institution, in the class other than members of Congress, bo filled by the 
reappointment of James B. Augell, of Michigan, whose term of ofllce ex- 
pires January 19, 1893. 

The SPEAKER. Is there objection to the present considera- 
tion of this resolution? 

Mr. HOLMAN. I did not understand its purport. 

Mr. CUMMINGS. It the Clerk will read the report, it will 
be satisfactory to the gentleman, I think. 

The SPEAKER. This is a joint resolution providing for the 
filling of a vacancy in the Board of Regents of the Smithsonian 
Institution. The Clerk will again report it, so that the House 
will understand it. 

Tlie Clerk again read the resolution. 

The SPEAKER. Is there objection to the consideration of 
the resolution? 

Mr. DINGLEY. Do I understand from the gentleman from 
Now York that an amendment to the resolution is proposed? 

Mr. CUMMINGS. No amendment whatever. This is the 
original Senate joint resolution. 

The SPEAKER. The Chair hears no objection. 

The i-esolution was ordered to a third reading; and was accord- 
ingly road the third time, and passed. 

On motion of Mr. CUMMINGS, a motion to reconsider the last 
vote was laid on the tabic. 

MUSTER AND PAY OF CERTAIN MEMBERS OF THE VOLUNTEER 

FORCES. 

The SPEAKER. On the 17th of December last there was be- 
fore the House the bill (H. R. 6649) called up by the Committee 



380 



CONGRESSIONAL llEOORD— HOUSE. 



January 6, 



on Military Affairs, the Chair believes. By unanimous consent, 
the vote upon it was postponed until January (i, 18'J3, it appear- 
ing on the vote then taken that there was no quorum. Now, 
the Clerk will report the bill, so that the House will know what 
it is. 

The Clerk read as follows: 
A bill (II n. asm to estend the provisions of au act to provide for tlie mus- 
ter and pay of certam officers and enlisted men of the volunteer forces. 
Be it. enai-li'd. etc.. That the provisions of an act to provide for the muster 
and pav of certain officers and enlisted men of the volunteer forces, approved 
June 4', 1S!<4. as amended bv an act approved February 5, 1887, be, and the 
same are hereby, rertved and extended for a period of three years from the 
3d day of Jime,"l892. 

Mv. OUTHWAITE. I have discovered a clerical error in the 
bill, and I ask unanimous consent to change the word " four," in 
line 5 of the printed bill, to the word " third," and the word 
"fifth, "in line 6. to the word " third." 

Mr. McMILLIN. Mr. Speaker, how does this bill come be- 
fore the House ? ,. , .,, 

The SPEAKER. On the 17th of December last this bill was 
before the House. Under the operation of the previous question it 
was ordered to be enorossed and read a third time, and it was 
accordingly engrossed and read a third time; and on the ques- 
tion. Shall the bill pass? the ayes were 70 and the noes 5, where- 
upon the gentleman from Te.xas I Mr. Long] made the point of 
no quorum. Tellers were appointed, and pending the discharge 
of their duty the gentleman from Ohio [Mr. Outhwaite] made 
the following request: 

Mr Speaker, it appears that there is not a quorum present, and I ask unani- 
mous consent that this bill go over until the 6th day of January, to be voted 
upon immediately alter the tirst morning hour. 

The SPEAKER, Is there oUjection to the request of the gentleman from 
Ohio thatthe consideration of the pending bill go over until January 6, im- 
mediately after the first morning hour. 

And there was no objection. That is the way in which the bill 
comes before the House now. 

Mr. KILGORE. I want to make a point of order upon this. 

Mr. McMILLIN. Have we entered upon the tirst morning 
hour? 

The SPEAKER, The Chair does not think the committees 
have been called. 

Mr. McMILLIN. Then it would not be in order until that is 
done. 

The SPEAKER. The Chair will direct the Clerk to call the 
committees. 

Mr. OUTHWAITE. It makes no difference about that. 

Mr. McMILLIN. The only difference is, that if we get into 
consideration in the morning hour it might not be concluded in 
the hour, and that would bo the difference. 

Mr. BELTZHOOVER. Mr. Speaker, I believe I am entitled 
to be recognized to make a privileged motion. 

The SPEAKER. The Clerk will call the standing and select 
committees for reports. 

The Clerk proceeded to call the committees for reports. 

POST TRADERSHIPS. 

Mr. OUTHWAITE, from the Committee on Military Affairs, 
reported back favorably the bill (S. 3117) relating to post 
traderships; vvhich was referred to the House Calendar, and, 
with the accompanying report, ordered tc be printed. 

BIG HORN SOUTHERN RAILROAD. 

Mr. PICKLER, from the Committee on Indian Affairs, re- 
ported back favorably the bill (S. 3317) extending the time for 
the construction of the Big Horn Southern Railroad through 
the Crow Indian Reservation; which was referred to the House 
Calendar, and, with the accompanying report, ordered to be 
printed. 

BRIDGES ACROSS THE HIWASSEE, THE TENNESSEE, AND THE 
CLINCH RIVERS, TENNESSEE. 

Mr. GEARY, from the Committee on Commercs, reported 
back favorably the bill (H. R. 10015) to authorize the construc- 
tion of bridges across the Hiwassee, the Tennessee, and the 
Clinch Rivers, in the State of Tennessee; which was referred to 
the House Calendar, and, with the accompanying report, ordered 
to be printed. 

The call of committees was resumed and concluded. 

MUSTER AND PAY OF CERTAIN OFFICERS AND ENLISTED MEN 
OF THE VOLUNTEER FORCES. 

The SPEAKER. This completes the call of the standing and 
select committees. Now, under the order, the House will con- 
sider the bill referred to by the gentleman from Ohio, which the 
Clerk will again report. 

Mr. KILGORE. Mr. Speaker, I desire to assail the validity 
of the order heretofore made by the House in relation to that 
bill with a point of order. When the agreement was concurred 
in by the House the statement was made in that connection that 
there was no quorum present; and if there was no quorum pres- 



ent, it was not competent for the House to enter into any agree- 
ment or make any order which would be binding upon any sub- 
sequent sei-sion of this body. 

The SPEAKER. " There was not a quorum voting." 
[Laughter.] 

Mr. REED. I hope the gentleman from Te.xas [Mr. Kilgore] 
understands the distinction. It is a perfectly legal one. 

Mr. KILGORE. I think the order read that there " was no 
quorum present. " 

The SPEAKER. The Chair will state to the gentleman from 
Te.xas that the vote was taken on a division, and it appeared that 
there was no quorum voting. The point was made, whereupon 
tellers were ordered, and just at that stage this agreement was 
made. 

Mr. KILGORE. The statement is made by the gentleman 
from Ohio himself that he was satisfied that there was no quo- 
rum present, and for that reason asked that the further consid- 
eration of the bill be postponed without prejudice. 

The SPEAKER. The trouble is, that although the gentleman 
from Ohio might be satisfied, it does not follow that there was 
not a quorum present. 

Mr. OUTHWAITE. There is nothing to indicate that the 
House was satislied. 

The SPEAKER. The Clerk will again report the bill, so that 
the House may understand it. 
The bill was again read. 

Mr. OUTHWAITE. I move the previous question on the 
passage of the bill. 

Mr. HOLMAN. I hope the gentleman will permit the report 
to be read. 

Mr. OUTHWAITE. The report was read when the bill was 
up before, and I do not know whether the order permits any de- 
bate. The order is that the vote shall be taken at this time. 

Mr. McMILLIN. I will state to the gentleman that while 
the order does not in strictnes:, permit of debate, the report 
might be read by unanimous cjnsent. 

Mr. OUTHWAITE. I have no objection whatever to that. 
Mr. McMILLIN. I would suggest that. 

Mr. BELTZHOOVER. Mr. Speaker, can it be read without 
unanimous consent? 

A Member. It issubmitted " without objection." The report 
can be read if there bo no objection. 

The SPEAKER. The previous question had been ordered, 
and the Chair does not think it can be read, because the terms 
of the order is that the vote shall be taken. 
Mr. BELTZHOOVER. I understand the order. 
The SPEAKER. The gentleman from Ohio[Mr. Outhwaite] 
had requested the correction of clerical errors as to dates. With- 
out objection these corrections will be made. [After a_ pause.] 
The Chaiv hears none, and it is so ordered. The question now 
is. Shall the bill pass? 
The question was taken, and the bill was passed. 
On motion of Mr. OUTHWAITE, a motion to reconsider the 
vote by which the bill was passed was laid on the table. 

ORDER OP BUSINESS. 

Mr. BELTZHOOVER. Mr. Speaker, I move that the House 
resolve itself into Committee of the Whole for the purpose of 
considering b\isiness on the Private Calendar. 

Mr. MARTIN. Mr. Speaker, I rise to a question of order. 

The SPEAKER. The gentleman will state it. 

Mr. MARTIN. I desire to inquire whether the first thing in 
ord r is not the taking of a vote on the bill which was under 
con-ideration when the House adjourned? 

The SPEAKER. The Chair will state to the gentlem^.n from 
Pennsylvania [Mr. BELTZHOOVERJand the House that there are 
pending certain pension bills reported to the House from the 
Committee of the Whole at the Friday evening sessions, upon 
each one of which bills the previous question has been ordered 
to i:s final passage, and under the practice of the House that 
operates to make those bills in order immediately after the read- 
ing of the Journal. Therefore the vote must first be taken on 
those bills, although under the rules of the House generally it is 
in order on Friday, immediately after the first morning hour, to 
make a motion to go into Committee of the Whole for the con- 
sideration of business on the Private Calendar. 

If the gentleman from Indiana [Mr. Martin] had waived the 
point by not calling attention to it, the Chair might not have 
brought it to the attention of the House, because his mind would 
not have been directed to it; but as the gentleman from Indiana 
makes the point, the Chair thinks that those bills on which the 
previous question has been ordered to their final passage have 
priority and are projierly in order at this time. 

Mr. BELTZHOOVER. I hope the gentleman from Indiana 
[Mr. Martin] will give way. 

The SPEAKER, The Clerk will report the first bill. 



1893. 



CONGRESSIONAL RECOED— SENATE. 



389 



Wheeling, held at St. Clairsville, Ohio, December 20, 1892, 
against the repeal of the Sunday-closing' law the first session 
of the Fifty-second Congress for the World's Columbian Exposi- 
tion — to the Select Committee on the Columbian Exposition. 

By Mr. SCOTT: Petition of the State Grange of Illinois, Pa- 
trons of Husbandry, for the passage of the pure-food bill — to the 
Committee on Agriculture. 

Also, ])etition by the same body, for free postal delivery in 
rural districts— to the Committee on the Post-Office and Post- 
Roads. 

Also, petition by the same body, for Government control of 
railroads — to the Committee on Railroads and Canals. 

Also, petition by the same body, in favor of the National Gov- 
ernment issuing the money of the jieople, and for other reforms — 
to the Committee on Banking and Currency. 

Also, petition by the same body, favoring the establishment 
of United States postal savings banks — to the Committee on 
Banking and Currency. 

Also, petition by the same body, favoring the free coinage of 
silver — to the Committee on Coinage, Weights, and Measures. 

By Mr. STONE of Kentucky: Papers in the matter of Augus- 
tus P. Groen, to accompany House bill 10060 — to the Committee 
on War Claims. 

By Mr. WILLIAMS of Massachusetts: Petition of 17 citizens 
of Norwood (Mass.) Lodge, No. 3^;), International Association of 
Machinists, praying for legislation not to permit any kind of 
machinery used in the manufacture of sugar to come into the 
Ur.ited States at a lower rate of duty than other machinery — to 
the Committee on Agriculture. 

By Mr. WILSON o'f Washington: Petition of citizens of the 
State of Washington, for the opening oi the World's Fair on Sun- 
day — to the Select Committee on the Columbian Exposition. 

By Mr. WISE: Papers in the matter of John M. Blankenship, 
to accompany House bill 10061 — to the Committee on Naval Af- 
fairs. 



SENATE. 

Saturday, January 7, 1S93. 

Prayer by th(3 Chaplain, Rev. J. G. Butler, D. D. 

The .lournal of yesterday's proceedings was read and approved. 

PRESIDENTIAL ELECTORS. 

The VICE-PRESIDENT laid before the Senate communica- 
tions from the Secretary of State, transmitting, in pursuance of 
the provisions of the act of Congress approved February 3, 1887, 
certified copies of the final ascertainment of the electors for 
Presidentand Vice-President appointed in the States of Kansas, 
Missouri, Nebraska, and Minnesota at the elections held therein 
on the 8th of November, 1892, as certiTied to him by the gover- 
nors of those States; which, with the accompanying papers, were 
ordered to lie on the table. 

EXECUTIVE COMMUNICATION. 

The VICE-PRESIDENT laid before the Senate a communica- 
tion from the Secretary of War, transmitting a letter from the 
adjutant-general of the State of Maryland suggesting the pas- 
sage of a law providing for an encampment of 100,000 United 
States and State troops to be held at Chicago on the occasion 
of the World's Columbian Exposition; which, on motion of Mr. 
Sherman, was, with the accompanying papers, referred to the 
Committee on the Quadro-Centennial (Select), and ordered to bo 
priuted. 

PRESIDENTIAL APPROVALS. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of his secretaries, announced that the President 
had on the 3d instant approved and signed the act (S. 1675) 
granting increase of pension to soldiers of the Mexican war in 
certain cases. 

The message also announced that the President had on the 
6th instant approved and signed the following acts: 

An act (S. 2S81) for the relief of the Citadel Academy of 
Charleston, S. C; and 

An act (S. 3298) authorizing the sale of land in the vicinity of 
Fort Mifflin, on the river Delaware. 

PETITIONS AND MEMORIALS. 

Mr. SHERMAN presented the petition of .Tames Cutler and 
46 other citizens of Richwood, Ohio, praying for the immediate 
repeal of the act of -July 11, 1S90, directing the purchase of silver 
bullion and the issue of Treasury notes thereon, and for other 
purposes: which was referred to the Committee on Finance. 

He also presented a petition of Buck Creek Grange, No. 750, 
Patrons of Husbandry, of Ohio, praying for the early passage of 
the Washburn-Hatch antioption bill; which was ordered to lie 
on the table. 



Ho also presented memorials ot 71 citizens oE Antrim, Ohio; 
of a union meeting of Christian people of Van Wert, Ohio; of 
the Methodist Churches of New Concord, Ohio, and of the Pres- 
byterian Church of Savannah, Ohio, remonstrating againstany 
repeal of the law closing the World's Columbian Exposition on 
Sunday; which were referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. McMillan presented a petition of citizens of Washing- 
ton and Georgetown, in the District of Columbia, praying Con- 
gross to grant the use of the Aqueduct bi'idge for stre t-car pur- 
poses; which was referred to the Committee on the District of 
Columbia. 

Mr. KYLE presented petitions of Rev. Eugene A. Johnson 
and 24 others; ot Rev. William A. Credit and 70 others; of Rov. 
Francis J. Grinkioand 72 others, and of George W. Cook and 76 
others, all citizens of the District of Columbia, pi'ayin/ for the 
passige of a bill authorizing the biiard of management of the 
United States Government exhibit at the World's Columbian 
Exposition to collect and ])ublish c:!rtain facts relating to the 
industrial, moral, and cducationaldovelopment of the American 
negro during the last thirty years, etc.; which wore referred to 
the Commit tec on Education and Jliabor. 

He also presented memorials of B. M. Hickey and 20 other citi- 
zens of Minnehaha County, S. Dak.; of J. M. Spensley and 20 
othcrcitizens of Clay County, S. Dak.; of .TohnClarkand mother 
citizens of Minnehaha County, S. Dak.; oT K. Westerliuis and 22 
other citizens of Clay County, S. Dak.; of .1. H. Hooker and 23 
othcrcitizens of McCook County, S. Dak.; of M. H. Payne and 23 
other citizens of Cass County, N. Dak.; of A. B. Parker and 23 
other citizens of Union County, S. Dak.; of J. J. Dnffack and 21 
other citizens of Yankton County, S. Dak.; of Peter Kareeu and 
23 other citizens of Clay County, S. Dak.; of J. J. Michaels and 
sundry other citizens of Rich Center, S. Dak., and of J. I. Monks 
an 1 21 other citizens of Watertown, S. Dak., praying for the ap- 
pointment of a committee to investigate the combine formed to 
depreciate the price of grain, and asking for the po-t'^oncm nt of 
the antioption bill until such committee reports; which woro re- 
ferred to the Committee on Agriculture and Forestry. 

He also presented the petition of Tom O'Hara and other citi- 
zens of De Smet, S. Dak., praying for the passage of the Wash- 
burn-Hatch antioption bill: which was ordered to lie on the table. 

Mr. HARRIS presented the petition of M. Hrodorick and other 
citizens of Tennessee, and the petition of J. H. Fite and other 
citizens of Carroll County, Tenn., praying for the passage of tho 
Washburn-Hatch antioption bill; which were ordered to lie on 
the table. 

Mr. HOAR. I present resolutions of the Boston Chamber ot 
Commerce, desiring that there be no obstructions to the advan- 
tages now enjoyed by Canadian railroads in the commerco be- 
tween Now England and the Northwest. The resolutions are 
in the nature of a petition, and I move that they ba referred to 
the Committee on Interstate Commerce. 

The motion was agreed to. 

Mr. HOAR presented a resolution adopted by the Boston 
Chamber of Commerce, at a meeting held Januarys, 1893, pray- 
ing for th^ repeal of the Sherman silver act, so called ; which 
was referred to the Committee on Finance. 

Mr. QUAY presented resolutions of tho Pennsylvania Peace 
Society and of the executive committee of the Universal Peace 
Society, favoring the repeal of the law prohibiting the coming 
of Chinese into tho United States: which was referred to the 
Committee on i-'oreign Relations. 

Mr. CULLOM presented petitions of farmers and laborers ot 
Johnson County; of Farmers of Franklin County, and of .1. M. 
Martin and other citizens of Clay County, all in tho State ot 
Illinois, praying for the appointment of a committee to investi- 
gate tho combine formed to depreciate tho price of grain, and 
asking for the postponement ot the Washburn-Hatch antioption 
bill until such committee shall report; which was referred to the 
Committee on Agricultun; and Forestry. 

Mr. CAMERON presented a petition of the Board of Trade of 
Philadelphia, Pa., praying for tho passage of legislation provid- 
ing Government aid in the construction of the Nicaragua Canal; 
which was ordered to lie on the table. 

He also presented a petition of the Maritime Exchange of 
Philadelphia, Pa., praying for the passage o;' a Federal quaran- 
tine law: which was ordered to lie on thj table. 

He also presented the petitionof William Ledyard Ellsworth, 
of Philadelphia, Pa., praying for reli(;f as the original inventor 
and owner of patents granted by the United States for improve- 
ments in fire extinguishers; which was referred to tho C immit- 
tee on Patents. 

He also presented a petition of the Board ot Trade of Piiiladel- 
phia. Pa., praying for the adoption ot certain amendments to tho 
interstate-commerce law; which was referred to the Committee 
on Interstate Commerce. 



390 



CONGRESSIONAL RECORD— SENATE. 



Jaxuauy 7, 



He also presented a petition of the Chinese Equal Rights 
Lea.Tue of Philadelphia, Pa., praying for the repeal of the Chi- 
nese" restriction law;^ which was referred to the Committee on 

Foroien Relations. . , , -r ^ m, 

Mr COCKRELL presented the memorial of J. C. Thornton, 
secretary of the Johnson Sabbath School Association of War- 
rensburg, Mo. , remonstrating against the opening of the World's 
Columbfan E.xposition on Sunday; which was referred to the 
Committee on the Quadro-Contennial (Select). 

Ho also presented a memorial of the Merchants' Exchange of 
St. Louis, Mo., remonstrating against the passage of the Wash-. 
burn-Hatch antioption bill; which was ordered to lieonthe table. 

Mr. COCKRELL. I present a raemoral of members of the con- 
federated Kaskaskia, Peoria, Wea, and Piankeshaw Indians, 
and a memorial of members of the Peoria and Miamilndians,_all 
of tlie Quapaw Agency, in the Indian Territory, remonstrating 
against the passage of the bill (S. 3030) to provide for the allot- 
ment of lands among the several Indian tribes in the Quapaw 
Agency, in the Indian Territory, and for the sale of surplus lands 
of such tribes; and for the creation of the county of Cayuga, in 
the Territory of Oklahoma, and tor other purposes. 

That bill is upon the Calendar, and I ask that the memorials 
may be laid on the table with other papers protesting against the 
passage of the bill referred to. 

The motion was agreed to. 

REPORTS OF COMMITTEES. 

Mr. QUAY, from the Committee on the Library, to whom was 
referred the bill (S. 1425) to provide for the erection of a monu- 
ment to Maj. Gen. Nathanael Greene on the battlefield of the 
battle of Guilford Court-House. N. C, fought March 15, 1781, 
and tor other purposes, reported it with amendments, and sub- 
mitted a report thereon. 

-^ COLUMBIAN UNIVERSITY. 

Mr. HIGGINS. I am instructed by the Committee on the 
District of Columbia, to whom was referred the bill (S. 3623) to 
amend the act of March 3, 1873, for the relief of the Columbian 
University, in the District of Columbia, to report it without 
amendment, and I ask for its present consideration. 

The bill was read, and, there being no objection, the Senate, 
as in Committee of the Whole, proceeded to its consideration. 
It proposes to so amend the act that hereafter the treasurer and 
secretary of the Columbian University need not be one person 
nor a member of the trustees of the corporation, butUjgtr ustees 
and overseers, in convention assembled, shall annua^^NScct by 
ballot two suitable persons from among the trustees or not, as 
they may deem projjer, one to be treasurer and the other secre- 
tary of the corporation and of the board of trustees. 

The bill was reported to the Senate without amendment, or- 
dered to bo engrossed for a third reading, read the third time, 
and passed. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
ToWLES, its Chief Clerk, announced that the House had passed 
the following bills: 

A bill (S. 317) granting an increase of pension to John M. 
Roberts; 

A bill (S. 2592) granting an increase of pension to William C. 
Tarkington; 

A bill (S. 2990) for the relief of George W. McKinney; and 

A bill (S. 3314) for the relief of E. Darwin Gage, late lieuten- 
tenant-colonel of the One hundred and forty-eighth New York 
Infantry. 

The message also announced that the House had passed the 
bUl (S. 1303) to increase the pension of Mrs. S. A. Parquharsan, 
with an amendment; in which it requested the concurrence of 
the Senate. 

The message further announced that the House had passed the 
following bills, in which it requested the concurrence of the Sen- 
ate: 

A bill (H. R. 1318) granting a pension to Martha A. Harris; 

A bill (H. R. 2077) for the relief of William B. Price; 

A bill (H. R. 2592) for tbe i-elief of Andrew B. Knapp; 

A bill (H. R. 2912) to pension John T. Pleenor; 

A bill (H. R. 3713) for increase of pension of Francis P. Gar- 

A bill (H. R. 4047) granting a pension to Ellen Hewett; 

A bill (H. R. 4320) granting a pension to Thomas S. Kennedy; 

A bill (H. R. 4916) granting a pension to Thomas Tucker, of 
Batter V A. Fourth United States Artillery; 

A bill (H. R. 0272) to pension Susan S. Murphy; 

A bill (H. R. G649) to extend the provisions of an act to provide 
for the muster and pay of certain officers and enlisted men of the 
volunteer forces; 

A bill (H. R. 7234) granting a pension to Mary Millard; 

A. bill (H. R. 7238) granting a pension to Amanda Atherton: 



A bill (H. R. 7713} granting a pension toBenajah Morgan, late 
private in captain Burn's company, Third Regiment, Third 
Brigade of Mounted Volunteers in the Black Hawk war; 

A bill (H. R.8498) to pension Sophia Kagwaich; 

A hill (H. R. 8574) granting an honorable discharge to James 
C. Jennings; 

A bill (H. R. 8924) granting a pension to the widow of Jamea 
A. Kelly; 

A bill (H. R. 8969) to grant a pension to Lydia Bollman, a de- 
pendent sister; 

A bill (H. R. 9215) granting a pension to Eliza Holmes; 

A bill (H. R. 9220) granting a pension to Mrs. Caroline Hardee 
Dyall, widowof JamesR.Dyall, veteran of the Florida war, 1836; 

A bill (H. R. 9233) to grant a pension to Harriet Cota; and 

A bill {H. R. 9590) granting a pension to Cornelius Day. 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House 
had signed the following enrolled bills; and they were thereupon 
signed by the Vice-President: 

A bill (S. 2187) granting a pension to Margaret M. Rice; 

A bill (S. 2593) granting an increase of pension to Samuel M. 
Campbell; 

A bill (S. 1786) granting a jjension to Mrs. Jennie Gray; 

A bill (S. 1831) to admit free of duty the wreckage of the ships 
Trenton and Vandalia, presented by the United States to the 
King of Samoa; 

A bill (S. 3029) authorizing the construction of a bridge across 
the Columbia River in the Stata of Washington; 

A bill (S. 304S) granting to the Blue Mountain Irrigation and 
Improvement Company a right of way for reservoir and canals 
throughtheUmatillalndian Reservation in the State of Oregon; 

A joint resolution (S. R. 123) to fill vacancies in the Board of 
Regents of the Smithsonion Institution; and 

A joint resolution (H. Res. 166) to authorize the Secretary of 
the Treasury to cover back into the Treasury $48,800 of the ap- 
propriation to Choctaw and Chickasaw Indians. 

BILLS INTRODUCED. 

Mr. VANCE introduced a bill (S. 3690) to incorporate the Tab- 
ernacle Society of the District of Columbia; which was read twice 
by its title, and referred to the Committee on the District of Co- 
lumbia. 

Mr. MCMILLAN introduced a bill (S 3691) regulating the em- 

loyment of certain persons in manufactories, workshops, and 

feres in the District of Columbia; which was read twice by its 

title, and referred to the Committee on the District of Columbia. 

Mr. PLATT. I introduce a bill to provide a temporary gov- 
ernment for Alaska, and for other purposes, and I ask the indul- 
gence of the Senate to say a single word. 

The present government of Alaska is very crude in many re- 
spects, inefficient, and altogether abnormal in our history and 
policy. That there ought to be an improvement upon that gov- 
ernment is undoubted. This bill has been prepared at the De- 
partmentof the Interior and upon consultation with the present 
governor of Alaska; and while in many respects it is a great im- 
provement upon the present law for the government of Alaska, 
it has some features in it which I do not think I am in favor of. 
With that declaration I introduce the bill. 

The bill (S. 3092) to provide a temporary government for 
Alaska, and for other purposes; was read twice by its title, and 
referred to the Committee on Territories. 

Mr. SAWYER introduced a bill (S. 3693") granting a pension to 
Fred S. Chamberlain; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. MITCHELL introduced a bill _(S. 3694) for the relief of 
certiiin purchasers of public lands within the_ limits of Cou- 
gressioual land grants; "which was read twice by its title, and re- 
ferred to the Committee on Public Lands. 

TREATY WITH INDIANS OF OREGON. 

Mr. MITCHELL. I submit a resolution and ask for its pres- 
ent consideration. 

The resolution was read, as follows: 

Besolved, That the Secretary of the Interior be, and he is hereby, directed 
to transmit to the Senate a copy of a treaty negotiated by Joel Palmer, 
then superintendent of Indian Affairs for the Territory of Oregon, on or 
about the 11th dav of August, 1855, with the various Indian tribes mhab- 
itiu" the coast of'Oregon from the Columbia River to the California line, 
considtiugot TiUamook, Coos Bay. Cociuille. Too-too-io-ney, Chetco, Smslaw, 
Clatsop and Lower Umpqua Indians, and whereby they, it is alleged, ceded 
all the country claimed bv them between the country theretofore ceded by 
various other treaties and the Pacific Ocean, estimated to contain 5,OIX).0O[) 
acres of land, and by the terms of which it is alleged there was a reserva- 
tion of a tract of country on the coast within the limits of the coast reserva- 
tion established by the President, estimated to contain 7oO,000 acres: and 
that the Secretary of the Interior be further directed to advise the Senate 
whether such treaty was ever transmitted to the Senate for ratiilcatiou; 
also whether the United States, if said treaty was not ratified, has acted upon 
the terms stipulated therein and received the benefits of the cession therein 
provided; audit so, whether said Indians were ever paid the amounts stip- 
ulated in such treaty to be paid to them for and on accotmt of the lands so 



1893. 



CONGRESSIONAL RECORD— SENATE. 



391 



ceded, and If so, when were such payments maUe; and furtUer that he ad- 
vise the Senate tnlly whether such treaty became operatire and whether the 
terms thereof or any of them have been enforced against the Indians, or the 
stipulations therein complied with by the United Stales. 

;Mr. PLATT. To what treaty does the resolution refer? 

Mr. MITCHELL. The treaty of 18.55. 

Mr. COCKRELL. I think the resolution had better be printed 
60 that we may examine it. There are c -rtain questions asked 
as to whether certain obligations were assumed. I do not think 
the Secretary of the Interior or any Cabinet officer has a right 
to bind the United. States by his opinion. I think the resolu- 
tion ought probably to be amended so as simply to state what 
was done, and not to ask whether ^ye were bound. 

Mr. MITCHELL. The resolution simply calls for informa- 
tion. First, it asks that a copy of the treaty, if one was made at 
the time designated, be transmitted to the Senate. Second, al- 
though the resolution is somewhat lengthy, it simply calls for 
information as to what, if. anything, has been done under the 
treat}-. That is all. 1 have no particular objection to letting the 
resolution go over and bo printed, if the Senator from Missouri 
desires that course. 

Mr. COCKRELL. Let it it be printed and we can tlien look 
at it. 

Mr. MITCHELL. All right; let the resolution go over and 
be printed, to be called up to-morrow morning. 

The VICE-PRESIDENT. The resolution will go over and be 
printed. 

SATtJRDAY BANK HALF HOLIDAY. ^^_ 

Mr. MCMILLAN. I should like to call up the joint resolution 
(S. R. 130) to amend an act entitled "An act making Saturday a 
half holiday for banking aud trust companies in the District of 
Columbia," approved December 22, 1802, reported by me yester- 
day from the Committee on the District of Columbia with an 
amendment in the nature of a substitute. It went over yester- 
day on the objection of the Senator from Massachusetts [Mr. 
Hoar]. 

There being no objection, the Senate, as in Committee of the 
Whole, resumed the consideration of the joint resolution. 

The VICE-PRESIDENT. The substitute reported by the Com- 
mittee on the Districtof Columbia was read at length yesterday. 
The question is on agreeing to the amendment of the committee. 

Jlr. HOAR. 1 have examined the joint resolution since it 
went over. It is only intended, as I understand from reading it 
and from the assurance of members of the committee who re- 
ported it, to extend to Georgetown and Anacostia, in the Dis- 
trict of Columbia, the provisions of the act passed in December, 
which applies to banks and other like institutions in Washing- 
ton. I think after this measure shall become a law it would be 
safe for all holders of negotiable paper and persons desiring to 
enforce all other contiaets which require an act to be performed 
at a bank on a given day, the indorsers of promissory notes or 
the makers of conditional contracts, to have the acts necessary 
for holding persons with whom they have contracted performed 
on both days. I think it is exceedingly doubtful whether the 
courts would hold that an act of Congress merely establishing 
a legal holiday would operate to create a new obligation on the 
part of an indorser of negotiable paper. I shall not in regard to 
a measure which is so convenient interpose any objection or in- 
sist on any amendment, but simply make the suggestion that in 
my judgment it would be safe for such persons to have the ten- 
der or demand made on both days. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment reported by the Committee on the District of Colum- 
bia, striking out all after the resolving clause and inserting a 
substitute. 

The amendment was agreed to. 

Mr. PLATT. Perhaps no other member of the Senate will 
agree with me in what I am about to say with reference to this 
measiu'e, but I do not see any necessity for it. I am not going 
to oppose its passage. I know we have been making holidays 
for every conceivable reason, but I do not see any reason at all 
for making a half holiday in the District of Columbia simply 
for banks and trust companies. If Saturday were a half holiday 
60 that business closed here at 12 o'clock that would be another 
thing, but the banks open at 9 and close at o in the afternoon, I 
think, and I do not see any jjarticular necessity for this measure 
which authorizes them to close at 12 on Saturday. Their hours 
are not late. Business goes on upon Saturday afternoon, we 
have no half holiday as to general business, and such a measure 
seems to me quite unnecessary. But, as I said, I am not going 
to oppose the passage of the joint resolution. I wanted simply 
to express my views on the subject. 

The joint resolution was reported to the Senate as amended, 
and the amendment was concurred in. 

The joint resolution was ordered to be engrossed for a third 
reading, read the third time, and passed. 



HOULE BILLS REFERRED. 

The following bills, this day received from the House of Rep- 
resentatives, were severally read twice by their titles, and re- 
ferred to the Committee on Pensions: 

A bill (H. R. 131S) granting a pension to Martha A. Harris; 

A bill (H. R. 2912) to pension John T. Fleenor: 

A bill (H. R. '3713) for increase of pension of Francis P. Gar- 
dener; 

A bill (H. R. 4047) granting a panslou to Ellen Hewett; 

A bill (H. R. 4320) granting a pension to Thomas S. Kennedy; 

A bill (H. R. 4916) granting a pcnsi.n to Thomas Tucker, of 
Battery A, Fourth United States Artillery; 

A bill (H. R. 0272) to pension Susan .S. Murphy; 

A bill (H. R. 7234) granting a pension to Mary Millard; 

A bill (11. R. 7238) granting a pension to Amanda Atherton; 

A bill (H. R. 7713) granting a pension to Bcnajah Morgan, late 
private in Captain Burn's company. Third Regiment, Third 
Brigade of Mounted Volunteers in the Black Hawk war; 

A bill (H. R.849S) to pension Sophia Kagwaich; 

A bill {H. R. 892-1) granting a pension to the widow of James 
A. Kelly; 

A bill (H. R. 8969) to grant a pension to Lydia BoUman, a de- 
pendent sister; 

A bill (H. R. 9215) granting a pension to Eliza Holmes; 

A bill (H. R. 92201 granting a pension to Mrs. Caroline Hardee 
Dyall, widow of .Tames R. Dyall, veteran of the Florida war 183(5; 

A biUXg . R. 9233) to grant a pension to Harriet Cota; and 

A^BH^Hl. R. 9.')90) granting a ])cnsion to Cornelius Day. 

The following bills were severally read twice by their titles, 
and referred to the Committee on Military Aflairs: 

A bill (H. R. 2077) for the relief of William B. Price; 

A bill (H. R. 2.592) for the relief of Andrew B. Knapp; 

A bill (H. R. 6649) to extend the provisions of an act to provide 
for the muster and p.iy of certain officers and enlisted men ot the 
volunteer forces; and 

A bill (H. R. 8574) granting an honorable discharge to James 
C. Jennings. 

additional QUARANTINE POWERS. 

The VICE-PRESIDENT. Is there further morning business? 
If not, that order is closed and the Chair lays before the Senate 
the regular order, which is the bill (S. 2707) granting additional 
quarantine powers and imposing additional duties upon the 
Marine Hospital Service. 

The Senate, as in Committee of the Whole, resumed the con- 
fideration of the bill: the pending question being on the amend- 
ment proposed by Mr. Vest, in line 1, of section 3, after the 
word "service" to insert, "shall immediately after this act takes 
eflect examine the quarantine regulations of all State and muni- 
cipal boards of health," so as to read: 

That the Marino llo.spital Service shall, Immeiltately after this act takes 
eCtect. examine the quarantino regulations of all State ,and municipal boards 
of health, and shall cooperate with and aid .State and municipal boards of 
healtli in the execution and enforcement of the rules and rej^ulallons of 
such boards and in the execution ami enforcement ot the rules and regula- 
tions made by the Secretary of the Treasury, etc. 

Mr. HARRIS. I have no objection to the amendment of the 
Senator from Missouri [Mr. VestJ. 
The amendment was agreed to. 

The VICE-PRESIDENT. The question now is on agreeing 
to the amendment of the committee to insert an additional sec- 
tion as section 7. 

Mr. WOLCOTT. This measure is a most important one, and 
the Senate seems to be quite thin. I suggest that there is no 
quorum present. Let the roll be called. ^ 

The VICE-PRESIDENT. The roll will bo called by the Sec- 
retary. 

The Secretary called the roll, and the following Senators an- 
swered to their names: 

McMillan, Sawyer, 

McPherson, Sherman, 

Mills, Squire, 

Mitchell, Stewart, 

Morgan, Teller, 

Morrill, Vance, 

Palmer, Vest, 

Petfer, Walthall, 

Piatt, White, 

Proctor, Wilson, 

Quay, Wolcoit. 

The VICE-PRESIDENT. Forty-four Senators have responded 
to their names. A quorum is present. The question recurs on 
agreeing to the amendment of the committee inserting section 7. 

Mr. HARRIS. In su'ction 3, line 24, after the word " State," 
to conform that ]}art of the section to certain amendments sug- 
gested by the Senator from Missouri [Mr. VestJ, Imove to strike 
out the words " from another '' aud insert " or Territory or the 
District of Columbia from another State or Territory or the Dis- 
trict of Columbia;" so as to read: 

Are not Bufflcieut to prevent the Introduction of such diseases Into tho 



Berry, 


Dolph, 


Blackburn, 


Frye, 


t:all, 


George, 


Cameron, 


Gibson, 


Carlisle. 


Hansbroush, 


Chandler, 


Harris, 


Cocla-ell, 


Higglns, 


Coke, 


Hoar, 


Cullom, 


Htmton, 


Daniel, 


Jones of -Ark 


Dawes, 


Kyle, 



CONGP^iJSSIONAL RECORD— SENATE. 



jAinjAEY 7, 



TTnltprl States or into one State or Territory or the District of ColumWa from 
Siothei^State or Territory or the District of Columbia, tho Secretary of the 
Treasury siiall, if in liis judgment, etc. 
The amendment was agreed to. ,, , -i, • • -u * t 

Mr TELLER. I do nut know what stage tho bill is in, but 1 
wish to make a correction in an amendment as wo lind it })rinted 
in the bill on our tables. I moved yesterday an amendment to 
section 3. on page 5, which does not seem to be printed in the 
bill as it'is in the Record. I moved to amend in lines 38 and 
39 in tho present bill, so as to read in this way: 

But it the State or muniucipal authorities shall fail or refuse to enforce 
sail! rules and regulations, the President shall execute and enforce the same, 
and may detail ortlcers or appoint proper persons for that purpose. 

As it reads in the printed amendment, it is simply that tho 
President may "appoint officers lor that purpose." It is cor- 
rectly printed' in the Record, but not in the bill as it is reprinted. 
Mr. CHANDLER. It says "detail "' in tho bill. 
Mr. TELLER. The Secretary will find in the Congressional, 
Record this morning on page 408 the exact words of the amend- 
ment as I proposed it. ^ , , ., ■ , 

Mr. HARRIS. Does not the Senator from Colorado think, as 
the language appears in tho bill, it accomplishes his object per- 
fectlyV It seems to me it does. . . 

Mr. TELLER. I suppose the committee desires to have it m 
the power of the President not only to appoint persons but to 
detail officers. 

Mr. CHANDLER. The bill so reads. 
Mr. TELLER. It does not in the print I have. 
Mr. CHANDLER. It docs in the i^-int I have. 
Mr. TELLER. In the copy I have it reads that the President 
" may appoint officers." 
Mr. CHANDLER. " May detail or appoint omcors. 
Mr. HARRIS. It reads: 

The President shall execute and enforce the same and may detail or ap- 
point oftlcers tor that pm-pose. 
Mr. TELLER. I overlooked the word "detail." 
Mr. HARRIS. The word ■' detail " remains in the bill. 
Mr. TELLER. If it means that the President may detail or 
appoint officers, it is all right. The bill, as printed, does not give 
the amendment exactly in the language in which I offered it. 

The VICE-PRESIDENT. The question is on the amendment 
proiJosed by the Committee on Epidemic Diseases, to insert as a 
new section, section 7. 
Mr. PLATT. Let the section be reported as it now stands. 
Tho VICE-PRESIDENT. The section will be read. 
The Secretary read as follows : 

Sec 7 That whenever it shall he shown to the satisfaction of the Presi- 
dent that by reason of the existence ot cholera or yellow fever in a foreign 
country, there is serious daupcer ot the introductlou of the same into the 
United Slates, and that notwithstandinpr the quarantine defense this dan- 
ger is so increased by immicration th.-it a suspension of the same is de- 
manded in the Interest of the^public health, the President shall have power 
to suspend immigration from such countries or places as he shall designate 
and for such period of time as he may deem necessary. 

Mr. KYLE. I move to amend in line 3 of the section by strik- 
ing out the words "yellow fever," and inserting "other infec- 
tiousor contagious diseases." 

I will state my reasons for doing this. I notice section S, at 
the close of the bill, repeals the old law in regard to contagious 
diseases, and by this morning's Post I notice there are (iOO cases 
of typhus fever in Old Mexico. The same may occur upon the 
Canadian border, and I think by striking out the words " yellow 
fever "and substituting "other infectious diseases," the essential 
part of the old law proposed to be repealed by section 8 will be 
retained. 

Mr. WHITE. I should like to ask the chairman of the com- 
mittee in charge of the bill whether the power given under sec- 
tion? to the President is not a simple reiteration of the power 
given to the Secretary of the Treasury under previous provi- 
sions of the bill? 

Mr. HARRIS. I do not think it is. 

Mr. WHITE. A previous provision of the bill says that the 
Secretary may frame such rules and regulations as to detention 
in all respects, as to the prevention of diseases in all respects, 
and that such rules and regulations, when promulgated by him, 
shall have the effect of law. Now, have you not lodged in the 
Secretarv of the Treasury under the previous provisions of the 
bill, if it"means anything, all tho power which you lodge hero? 
Where is the limitation upon the power of the Secretary of tho 
Treasury stated in the previous provision of tlie bill? 

Mr. HARRIS. The Senator will allow me to suggest that the 
rules and regulations which the Secretary of the Treasury may 
make are in respect to vessels, passengers, crews, and cargo, 
which are sailing to this country, which are coming. The power 
given to the President is, in case of an exigency which in his 
opinion demands it, to prevent the coming at all. That is the 
diflerence, as it appears to me. 

The VICE-PRESIDENT. The question is on the amendment 



proposed by the Senator from South Dakota [Mr. Kyle], to the 
amendment of the committee inserting a new section as section 
7, which will be reported. 

Tho Secretary. In section 7, after the words " cholera or," 
in line 3, it is proposed to strike out "yellow fever" and insert 
" other infectious or contagious diseases;" so as to read: 

That whenever it shall be shown to the satisfaction ot the President that 
by reason ot the existence ot cholera or other infectious diseases in a for- 
eign country, etc. 

Mr. WEIITE. With the greatest deferencii to the distinguished 
Senator from Tennessee [Mr. Harris], I think that he states a 
distinction without a diflerence. The admission is that the pre- 
vious sections of the bill give to the Secretary of Treasury full 
power to make all such rules and regulations as he may deem 
best as to the coming of vessels, as to the time of detention, and 
as to what shall bo done to them after they get here; in other 
woi-ds, the fullest and most plenary power to prevent the coming 
into tho United States of any person whom his regulations may 
choose to exclude. Under the terms of the previous sections the 
exercise of this power to make regulations is not exhausted by 
calling the power into being at one time. It is alodgmentinthe 
Secretary of the Treasury of a continuous power, a power coter- 
minous and coexisting with his official function. Now, is not 
that all the power given in this section? 

But the Senator says the distinction is this, that one is the 
power given to the President to prevent them from coming, the 
other is the power given to the Secretary of the Treasury to 
prevent them from coming in. Is not that a distinction without 
a difference? Where is the distinction between the two? If 
the Secretarv of the Treasury promulgates his regulations, say- 
ing that nobody shall coma in, is not that a regulation saying 
that nobody shall come unless it is to be supposed that a man 
knowing he can not come in is going to come ? The power of 
tho President in suspending immigration can not go any further 
than preventing immigrants from coming in; his authority ia 
not extraterritorial; he can not prevent a man from being guilty 
of the act of folly of shipping for this country, if he pleases, 
with tho knowledge that ho can not come in. 

Mr. HARRIS. Will the Senator from Louisiana allow me to 
suggest, that I must have been unfortunate in my expression or 
he unfortunate enough not to have understood what I said. The 
difference, as I conceive it to be, is this: Tho Secretary of the 
Treasury makes rules and i-egulations under which persons may 
come in. The power given to the President is, in case of such 
exigency as may possibly arise, to say they shall not come atall. 
The difference is between being authorized to come in under 
certain circumstances and not b^ing authorized to come at all. 

Mr. WHITE. Mr. President, the explanation of the distin- 
guished Senater reads the provision out of the bill, for the very 
elementary conception of the quarantine power is that it eon- 
tai is within itself ex vi tenninoriwi the power to disinfect, the 
liower to detain for a particular time, or the power to prevent 
coming in for as long a time as maybe considered necessary. 
Wlien'you use the expression " quarantine," it is used as under- 
stood by civilized nations, and in every quarantine in the United 
S'a*es where it is considered proper that the party should not 
come in, the regulation goes, saying he shall notcome in forthree 
months or for forty days, or for six months, or he shall notcome 
in for the time necessary to protect the public health. 

Therefore, if the rules and regulations which the Secretaryof 
the Treasury is to make imder the previous provisions of this 
bill do not include the power to make rules and regulations as 
to quarantine, as commonly and at all times understood, then the 
previous provisionsof the bill mean nothing, and you have lodged 
in the Secretary of the Treasury no power whatever. 

I say this power ought to be lodged somewhere. If itbelodged 
at all. it ought not to be lodged in two places. If you conlide it 
to the Secretary of the Treasury, then why go on and reconfide 
the same power in the President? If you do not wish to confide 
the power to the Secretary, then insert in your bill a provision 
confiding it to the President. 

Mr. HOAR. I should like to inquire of the Senator from Louis- 
iana if he extends his argument so far that he conceives that a 
municipality or a State, under the quarantine powers which are 
now exercised or which are conceded to it by this bill, would 
have the power to p:HSS a quarantine regulation which should 
prohibit for one yea-.- or three years all immigration from Eu- 
rope to the ports of that State ? 

Mr. WHITE. I v.-ill answer the Senator by saying that the 
quarantine regulations of my State, which have been in exist- 
ence foi- a great many years and which have been declared con- 
stitutional by the Suprem:; Court of the United States after an 
elaborate examination, give the health officer power to detain a 
vessel six months with everybody on it. if he pleases. 
Mr. HOAR. That is not quite my question. 
Mr. WHITE. My argument is that the power to quarantine 



1893. 



CONGRESSIONAL RECORD— SENATE. 



417 



effect; which was read twice, and referred to the Committee on 
Indian Affairs. 

Mr. MANDERSON introduced a bill (S. 3696) for the relief of 
Brig. Gan. John R. Brooke, United States Army ; which was 
read twice by its title, and referred to the Committee on Mili- 
tary Affairs. 

Mr. CULLOM introduced a bill (S. 3697) to remove the charge 
of desertion from the record of Wade H. Newman ; which was 
read twice by its title, and referred to the Committee on Mili- 
tary Affairs. 

Mr. QUAY introduced a bill (S. 3698) granting- an increase of 
pension to Mrs. Olivia Betton; which was read twice by its title, 
and referred to the Committee on Pensions. 

Mr. GALLINGER introduced a joint resolution (S. R. 133) 
instructing the Secretary of War to cause an examination to be 
made of the pioi-s of the Aqueduct bridge, and the District Com- 
missioners to furnish a statement of expenditures on account of 
said bridge, since it became the joint property of the Unitad 
States and the District of Columbia: which was read twice, and 
referred to the Committee on the District of Columbia. 

REPORT ON C.\TTLE DISEASES. 

Mr. McMillan submitted the following concurrent resolu- 
tion; which was refen-ed to the Committee on Printing: 

Jiesoti'ed by Ihe Senate {the House of Eepresentatiees com^uyringf/ierein). That 
there be priutefl of the special report on the diseases of cattle and cattle 
feeding:, prepared by the Biu*eau of Animal Industry of the Department of 
Agriculture, 100.000 copies, of which number 30,000 shall be for the \ise of the 
Senate, 60,000 for the use of the House of Representatives, and 10,000 to be 
distributed by the Secretary of Agrlcultiu'e. 

REPORT ON SHEEP INDUSTRY. 

Mr. McMillan submitted the following concurrent resolu- 
tion: which was referred to the Committee on Printing: 

He-'foU-ed by the Senate (the Ilouaeof Representatives concurring therein) , That 
there be printed of the special report on the sheep industry of the United 
States, prepared by the Bureauof Animal Industry of the Department of Ag- 
riculture, 35.000 copies, of which number 10,000 shall be for the use of the Sen- 
ate, 'JO.iJOO for the use of the House of Representatives, and 5,000 for distribu- 
tion by the Secretary of Agriculture, 

OBSERVATIONS OF NAVAL OBSERVATORY. 

Mr. MANDERSON submitted the following concurrent reso- 
lution; which was referred to the Committee on Printing: 

Ji'esotverl tnj the Senate of the United States if/ie House of Bepresentalives con- 
currnng), That the annual volnmesoi the observations of the Naval Observa- 
tory, commonly known as the 'Washington Observations," for the years 1889, 
1890, 18U1, and 1892, be printed, and thatl.SOO additional copies of each volume 
be printed, of which 3oO shall be for the use of the Senate, 700 for the use of 
the House, and 800 for the use of the Naval Observatory; and, furthermore, 
that I. :30O sejjarate copies of each of the astronomical appendices, and l.OOO 
separate copies of the meteorological and magnetic observations, extracted 
from tach of the above volumes, be printed for the use of the Naval Ob- 
servatory, 

TREATY WITH INDIANS OF OREGON. 

The VICE-PRESIDENT. The Chair lays before the Senate 
a resolution coming over from a previous day, which will be read. 

The Secretary read the resolution submitted by Mr. Mitchell 
on the 7th instant, as follows: 

Mesolved, That the Secretary of the Interior be, and he is hereby, directed 
to transmit to the Senate a copy of a treaty negotiated by Joel Palmer, 
then superintendent of Indian affairs for the Territory of Oregon, on or 
about the 11th day of August, 1855, with the various Indian tribes Inhab- 
iting the coast of Oregon from the Columbia River to the California line, 
consisting of Tillamook, Coos Bay, Coquille, Too-too-to-uey, Chetco, Siuslaw, 
Clatsop, and Lower Umpqua Indians, and whereby they, it is alleged, ceded 
all the country claimed by them between the country theretofore ceded by 
various other treaties and the Pacilic Ocean, estimated to contain 5,030,000 
acres of land, and by the terms of which it is alleged there was a reserva- 
tion of a tract of cotintry on the coast within the limits of the coast reserva- 
tion established by the President, estimated to contain 750,000 acres; and 
that the Secretary of the Interior be further directed to advise the Senate 
whether such tre:ity was ever transmitted to the Senate for ratification; 
also whether the United States, if said treaty was not ratified, has acted upon 
the terms stipulated therein and received the benelits of the cession therein 
provided; and if so, whether said Indians were ever paid the amounts stip- 
ulated in such treaty to be paid to them for and on account of the lands so 
ceded, and If so, when were such payments made; and further that he ad- 
vise the Senate fully %vhether such treaty became operative and whether the 
terms thereof or any of them have been enforced against the Indians, or the 
stipulations therein complied with by the United States, 

The VICE-PRESIDENT. The question is on agreeing to the 
resolution. 
The resolution was agreed to. 

presidi;ntial approv.\ls. 

A message from the President of the United States, by Mr. O. 
L. PRUDEN, one of his secretaries, announced that the President 
had on the 7th instant approved and signed the joint resolution 
(S. R. 112) to print and bind 2,000 extra copies each of the Drill 
Regulations for Infantry, Cavalry, and Artillery. 

The message also announced that the President had on this 
day approved and signed the joint resolution (S. R. 123) to fill 
vacancies in the Board of Regents of the Smithsonian Institu- 
tion. 



additional quarantine powers. 

The VICE-PRESIDENT. The Chair lays before the Senate 
the quarantine bill. 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (S. 2707) granting additional quarantine 
powers and imposing addition^ duties upon the Marine Hos- 
pital Service. 

The VICE-PRESIDENT. The pending question is on the 
amendment proposed by the Senator from Tennessee [Mr. 
Harris], which will be stated. 

The Chief Clerk. In section 4, line 1, before the words 
"Marine Hospital," insert ''Supervising Surgeon-General of 
the; " so as to read: 

That it shall be the duty of the Supervising Surgeon-General of the Ma- 
rine Hospital Service, under the direction of the Secretary of the Treas- 
tiry, to perform all the duties in reijpecl to quarantine and quarantine regu- 
lations, etc. 

COINAGE OF silver. 

Mr.^McPHERSON. Mr. I'resident, in accordance with the 
])reviously given, I desire to call up Senate joint resolu- 
!ion 126, which 1 had the honor to introduce a few days ago, and 
I ask that it be read. 

The VICE-PRESIDENT. The Chair lays the joint resolution 
before the Senate. It will be read. 

The joint resolution (S. R. 126) authorizing and directing the 
Secretary of the Treasury to suspend all purchases of silver bul- 
lion, as provided in the act of July 14, 1890, was read, as follows: 
Iltsoleeci, etc.. That the Secretary of the Treasury be. and ho hereby Is, svu- 
thori^jgd^hd directed to suspend, nnlil otherwise ordered by Congress, all 
: of silver bullion as provided in the first section of the act of July 
ID. entitled "An.act dirocUngthe purchase of silver bullion and the issue 
of Treasury notes thereon, and for other purposes," 

Mr. McPHEHSON. Mr. President, I ask to have read what 
I send to the desk. 
The Chief Clerk read as follows: 

We denoimce the Republican legislation known as the Sherman act of 
1800 as a cowardly makeshift, fraught with possibilities of danger in the 
future which should make all of its supporters, .as well as Us author, anx- 
ious for Its speedy repe:il. We hold to the use of gold and silver as the 
standard money of the country, and to the coinage of both gold anil silver 
without discriminating ag;iinst either metal or ch;irge for mintage, but the 
dollar unit of coln;iL'e of both metals must be of equal intrinsic and ex- 
changeable value, or bo adjusted through lntornatl()n;il agreement or by 
stich safeguards of leglsUUUm as shall insure the mainienance of the parity 
of the two metals and the equal power of every dollar at all times in the 
markets and in the payment of debts; and we demand that all paper cur- 
rency shall be kept at par with and redeemable in such coin. We insist upon 
this policy as especially necessary for the protection of farmers and labor- 
ing classes, the first and most defenseless victims of unstable money and a 
fluctuating currency, 

Mr. McPHERSON. Mr. President, this is the proclamation 
of the Democratic party in national convention assembled in Juno 
last in the city of Chicago. That convention was composed of 
delegates representing every State, every hamlet in the Ameri- 
can Union, and the convention almost unanimously, and without 
division, voted down every amendment that had for its object to 
bind the national Democracy to the support of a different policy. 
The delegates there assembled seemed not to bo oblivious to the 
fact that a crisis, fraught with great distress and danger to the 
Republic, had been reached in the financial affairs of the Gov- 
ernment, and they enjoined upon those temporarily intrusted 
with leadership in legislation and in administration, that the 
perils which threatened us demanded the prompt and speedy re- 
peal of the Sherman act. That in the coinage of both gold and 
silver the dollar unit of both metals must bo of equal intrinsic 
and exchangeable value. 

And to make this command still more emphatic, we insist (say 
tliey) upon this policy as especially necessary for the protection 
of farmers and laboring classes, the first and most defenseless 
victims of unstable money and a fluctuating currency. 

Assuming as wc must, I think, that to the Democratic national 
convention, constituted as it is, and to it alone, belongs the 
right to determine, dotine, and proclaim the faith and policy of 
the party at least to those citizens who give to it their alle- 
giance — is it not also fair to assume that neither Democratic 
President, Senator, or Representative in Congress will arrogate 
to himself absolute liberty of judgment and action— even to the 
extent of nullifying the pledges made by party to people — ujion 
a subject so vital to them as a possible violent change in their 
entire monetary system? It was upon the strength of tliis pledge, 
made in national convention, that gave to Mr. Cleveland more 
than one hundred electoral votes, not one of which he could 
have received without it. And now that the Democratic party 
is soon to be in absohite control of the legislative and executive 
departments of this great Government in all its branches, the 
people, alarmed at the present situation, demand to know when 
and in what mode this pledge is to be fulfilled. 

In obedience to this command, and in apparent fulfillment of 
this pledge, the distinguished Senator from New York [Mr. 
Hill] introduced a bill to repeal the Sherman act of 1890. As a 



XilV- 



-27 



418 



OONGEESSIONAL RECOED-^HENATE. 



jAinjAny y, 



foil to this bill, the distinguishetl Senator from Nevada [Mr. 
Stewart] again v;uilts into the arena with all bis old-time vigor 
for the dollar of the daddies and open mints. As the direct, re- 
sponsible representative, we assume, of the new party the distin- 
guished Senator has done so much to create, and while defiantly 
dangling at his belt the bleeding scalps of a goodly number of 
ambitious liepublican statesmen, he gives notice that preceding 
the repeal of the Sherman law provision by law must be made 
for the free, unlimited coLnage ol the standard silver dollar. 

The Sherman law (so called) which we seek to repeal was a 
mere political contrivance (receiving in this Chamber only Re- 
publican support), invented and intended to hold the silver-pro- 
ducing States in tlie West, then wavering in their allegiance, 
firmly in the Republican column. The public interest was thus 
sacrificed to partisan advantage. Its all-sufficient Justification 
was found in the perpetuation of the rule of the Republican party, 
notwithstanding it was plainly apparent to every reflecting- mind 
that under the operation of this law, if long enough continued, 
our coin currency must be silver, and silver only. It was fur- 
ther apparent to the people that no relief from this incubus was 
po-isible except by the united action of both Houses of Congress 
and the concuri-ence of the Executive. 

The American people wore thus bound hand and foot to the 
terms of the definite alliance made between the Republican 
party, to which party many had given their allegiance, and the 
mine-owner, under and by virtue of which alliance the people 
were made to take all the risks, to bear all the losses, while the 
mine-owner gets all the profits. 

Is it any wonder then that the people now begin to see with 
clearer vision the aims and intentions, the object and purjioso of 
each political party, and are engaged in new and more earnest 
eft'orts over policies that are irreconcilable, over measures that 
are inherently and inevitably in conflict. 

But more, if permitted to diverge a moment from the line of 
my argument to give additional reasons why the people recently 
denied to the Republican party the support they had so long 
accorded to it and turned for relief to the Democratic party. 

The people had seen the Republican party make also a definite 
alliance with the manufacturing and coriDoration classes, to the 
injury of all other classes, and more recently they had seen this 
alliance renewed and strengthened. 

And it had been further agreed, as a part of the bond between 
the Republican party and its mercenary allies, that as the first 
expressions of popular wrath would be felt in the popular branch, 
appropriations for subsidies would be made part of the perma- 
nent annual expenditures, in order that a Democratic House 
might not take from the corporations the people's forced contri- 
butions. 

The people had seen the virtues of ixspular government; and 
they then beheld the vices of a government by an oligarchy of 
money. 

They had seen the elections, once pure, become matters of an- 
nual bargain between the candidates and their supporters, and 
money poured into the elections in rolling streams of gold- 
money, the only and one thought, from the pious cabinet minis- 
ter to the poorest wretch whose vote lie buys. 
_ They had seen individuals and giant corporations given sanc- 
tion to oppose the people, and they had seen these beneficiaries 
of Republican favor return at each succeeding election with mil- 
lions more for fresh riot. 

The Democratic people in national convention declared their 
abhorrence of all these evils existing in the Government and made 
it the duty and the mission of those intrusted with the responsi- 
bility of making their laws to stamp out these evils. Especially 
and expressly did they enjoin upon their servants in Congre'5s, 
"that in the coinage of both gold and silver, the dollar unit of 
both metals must be of equal intrinsic and exchangeable value, 
and that all paper currency shall be kept at par with and re- 
deemable in such coin;'' t'hat the cowardly makeshift known 
as the Sherman law must be repealed. 

Mr. President, gold and silver are something more than mere 
commodities; they are the only monetary metals, and as such 
are distinguished from all other metals and all other commodi- 
ties. 

In the international monetary conference which met in Paris 
in 188], the Hon. William M. Evarts, then a delegate for the 
United States, voicing the sentiment and contention of the peo- 
ple of the United States in that conference, spoke, not precisely 
in words but in substance, as follows: 

' ' Since the days of barter, both gold and silver have been used as 
money by civilized nations upon some accepted relative ratio of 
value. There has been no single period in history in which 
their united strength was more than adequate for the unfolding 
process of society in the intn-change of the products of the 
world, by providing therefor an intrinsic money with which to 
measure values. If to this we add the wide expanse of credit in 



the developed commerce of the world, which finally rests upon 
the intrinsic money of the world, it will be found impossible for 
the volume of buth the metals that the bounty of nature could 
yield to the urgent labor of man to perform the task. This 
credit is almost without a figure a vast globe, and this service of 
the precious metals to sustain it is that of an Atlas upon whom 
the whole fabric rests. All attempts to find a permanent endur- 
ing support for domestic circulation and for participation in 
commerce, upon less than the broad basis, the united strength, 
firmness, and fixity of the two metals which should make°ono 
money out of the two metals for all the world is a vain hope and 
invites disaster." 

This I believe to be the opinion and firm conviction of a largo 
majority of the people of the United States; in other words, the 
people are bimotallists. The number of people in this country 
who vi'ill advocate monometallism either in gold or silver, or 
who will approve legislation that will tend to drive or drift us 
to monometallism of either gold or silver is infinitesimal. 
Neither the "gold bugs'' nor the "silver barons" (so called) 
would consent to a policy which they foresee will tend to su})- 
press one-half the intrinsic money of the State. All concede 
that with both metals acting in harmonious relationship as 
money its base has often been found too narrow; with but one it 
may be positively unsafe. 

"What then are the essential features of a bimetallic system of 
currency which our people favor and advocate to the fullest ex- 
tent consistent with the safety of the finances? 

First. "An open mint ready tocoin any quantity of either gold 
or silver which may be brought to it." 

Second. "The right on the part of the debtor to discharge 
his liabilities, at his option, in either of the two metals at a ratio 
fixed by law." 

Under this true definition of bimetallism neither the United 
States nor any state in Europe can be said to have a bime- 
tallic system of currency, while prior to 1871 the United States 
and nearly all the great states of Europe were bimetallic states, 
s:ive England and Portugal. 

BIMETALLISM ABANDONED. 

Germany was the first to break loose from the great group of 
states which had used silver and adopt a gold standard, and the 
United States, in 1873, joined Germany and other states of 
Europe in destroying the relation which had theretofore sub- 
sisted between the white and the yellow metal. The Scandina- 
vian states followed the lead of Germany and discarded silver, 
while the states of the Latin Union, unable to absorb in their 
circulation the surplus silver of Germany without the loss of 
their gold, closed their mints against silver. The fall of silver 
was easy to foresee. It was inevitable. The mischief was al- 
ready done. The die completely east. 

To prohibit in ten great states, first in civilization, in finance, 
and commerce, the mintage of a metal which had hitherto en- 
joyed like mint privileges with gold and to expect this metal 
would maintain its former value in the face of the most unpar- 
alleled sliver production would be inconsistent and absurd. 

The effect of the demonetization of silver by Germany was 
threefold; it not only overloaded a market more"than supplied, 
but also a cessation of the demand for fresh silver, and the in- 
creased demand for gold. 

Moreover, the public mind in Europe now seems to be under- 
going a change not unfavorable to silver. " Other European na- 
tions, jealous of the growing financial power and commercial 
progress of England, where a monetary system based upon the 
gold standard had been long in use and had satisfied all the re- 
quirements of thatcountry, sought for some advantage by which, 
without too great loss, to change their money standards." Ger- 
many succeeded, and as to other great states the purpose seems 
not to have been entirely abandoned. 

This declaration seems to be justified in the views expressed 
and the votes cast by the European delegates in the several in- 
ternational monetary conferences which met in Paris in 1867, 
1878, 1881, and 1893. It is further apparent in their persistent 
hungry demand for gold to strengthen their gold reserves. 

INTERNATIONAL CONGRESSES. 

In view of the fact that the United States had invited two and 
recently called for a third international monetary congress, I 
will refer briefly to this subject. It will be remembered the 
conference of 1807 recommended a gold standard, and the legis- 
lation of Germany in 1871 was strictly in line with the recommen- 
dations of that Congress. The conference of 1878 was called at the 
urgent request of the United States. The invitation was freely 
responded to by all the important states except Germany ; but 
though the delegates were present in the body, they were ab- 
sent in spirit. Our invitation was accepted more in a spirit of 
courtesy than born of a desire to establish a fixity of ratio between 
gold and silver and such mint regulations as would make one 



1893. 



CONGRESSIONAL RECORD— HOUSE. 



441 



I 



Mr. CALL. I have no objection to an adjournment at this 
time. 

Mr. SAWYER. I will ask the Senator to change that to a 
motion for an executive session. 

Mr. TELLER. I have no objection to an executive session. 

Mr. HARRIS. Allow me. before either motion is put, to say 
that I do not think it probable that we have a quorum here at 
this time, so that wo shall probably not be able to dispose of the 
amendment of the Senator from Louisiana [Mr. White] this 
evening. Feeling that it is very important that Congress shall 
dispose of this matter in whatever way it proposes to dispose of 
it, I think it very importrmt that this bill, or something con- 
taining powers such as this bill confers, should be passed very 
promptly. 

I shall ask the Senate to-morrow morning immediately after 
the routine morning business to continue the consideration of 
the bill at least up to 2 o'clock. I shall go no farther than 2 
o'clock at this time. If the Senator from Minnesota [Mr. Wash- 
burn] objects, then I shall not interfere with him; but I am very 
anxious to come to a final vote upon the pending measure at the 
earliest possible moment. 

Mr. TELLER. The McGarrahan case was made the special 
order for to-morrow after the I'outino morning business, but to ac- 
commodate the pending bill, if I can have an order for the con- 
sideration of the McGarrahan case for Wednesday morning, in- 
stead of to-morrow morning, after the routine morning business, 
I shall not object. Preparatory to making the arrangement pro- 
posed bj' the Senator from Tennessee, becaus j this seems to be a 
bill of national importance, I ask that the McGarrahan bill may 
be taken up on Wednesday morning immediately after the con- 
clusion of the routine morning business. 

The PRESIDING OFFICER. Is there objection to the request 
of the Senator from Colorado [Mr. Tei.lerJ? 

Mr. HARRIS. I am greatly obliged to the Senator from Colo- 
rado, and hope there will be no objection to his request. 

The PRESIDING OFFICER. The Chair hears no objection 
to the request of the Senator from Colorado, and it is granted. 

Mr. HARRIS. I now askunanimousconscnt that immediately 
after the routine business to-morrow morning the Senate proceed 
to the consideration of the pending bill. 

The PRESIDING OFFICER. Is there objection to the request 
of the Senator from Tennessee"? The Chair hears none, and it is 
so ordered. 

Mr. WASHBURN. I give notice to Senators that I shall call 
up the antioption bill at 2 o'clock to-morrow. 

Mr. HARRIS. ^ly request extends only to the morninghour 
at present. I do not know what I shall ask to-morrow. 

Mr. WASHBURN. I hope the Senator will not ask anything 
further to-morrow. 

EXECUTIVE SESSION. 

Mr. SAWYER. I move that the Senate proceed to the con- 
sideration of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After five minutes spent 
in executive session the doors were i-eopened, and (at 5 o'clock 
and 10 minutes p. m.) the Senate adjourned until to-morrow, 
Tuesday, January 10, 189.3, at 12 o'clock m. 



NOMINATIONS. 
Executive nominations received hy the Senate January 0, ISOS. 

PROMOTIONS IN THE ARMY. 

Pay Department. 

Lieut. Col. Charles M. Terrell, deputy paymaster-general, to 
be be assistant paymaster-general with the rank of colonel, Jan- 
uary 6, 1893, vice Gibson, retired from active service. 

Maj. James P. Canby, paymaster, to be deputy paymaster-gen- 
eral with the rank of lieutenant-colonel, January 6, 1893, vice 
Terrell, promoted. 

Subsistence Departinent. 

First. Lieut. Guy Howard, Twelfth Infantry, to be commissary 
of subsistencj with the I'ank of captain, January 7, 1893, vice 
Woodruff, promoted. 



CONFIRMATION. 
Executive nomination confirmed by the Senate January 9, 1S93. 

FIRST ASSISTANT POSTMASTER-GENERAL. 

Henry Clay Evans, of Tennessee, to be First Assistant Post- 
master-General. 



HOUSE OF EEPEESENTATITES. 
Monday, January 9, 1893. 

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. 
W. H. MiLBURN. D. D. 

The Journal of the proceedings of Saturday last was read and 
approved. 

EXPENSES OF COMMITTEE ON AWARDS, WORLD'S COLUMBIAN 
COMMISSION. 
The SPEAKER laid before the House a letter from the Sec- 
retary of the Treasury, transmitting, with a favorable recom- 
mendation, an estimate of appropriaiio:i submitted by the presi- 
dent of the World's Columbian Exposition to defray the expenses 
of the committee on awards of the Worlds Columbian Commis- 
sion: which was referred to the Committee on Appropriations, 
and ordered to be printed, 

MILITARY ENCAMPMENT AT CHICAGO. 

The SPEAKER also laid before tha House a letter from the 
Secretary of War, with inelosures, relating to the passage of an 
act by Congress to provide for an encampment of 1UO,OUU United 
States and State troops to be held at Chicago on the occasion of 
the World's Columbian Exposition; which was referred to tho 
Committee on Military Affairs, aud ordered to be printed. 

FINDINGS OF COURT OF CLAIMS. 

The SPEAKER also laid before tho House copies of the find- 
ings of tho Court of Claims in the foUnwing-named cas^s; which 
were sovenilly referred to tho Committee on War Claims, and 
ordered to be printed: 

A. M. Cartmell and George Leoahart vs. Tho United States; 
and 

Betty A. Aldrich vs. The United States. 

RELIEF OF COLUMBIAN UNIVERSITY, DISTRICT OF COLUAf 

The SPEAKER also laid before tho Housj a bill (S. ;;(>23) to 
amend the act of Ma: ch 3, 1873, "for tho relief of tho Columbian 
University in tho District of Columbia.'' 

ISIr. HEMPHILL. Mr. Speaker, I ask unanimous consent 
that that bill be tiiken up and considered at this time. 

There being no objection, tho bill was ordered toa third read- 
ing; and it was accordingly read the third time, and passed. 

Mr. HEMPHILL moved to reconsider the vote by which the 
bill was passed; and also moved that the motion to reconsider be 
laid on the table. 

The latter motion was agreed to. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of ab=ience was granted as follows: 
To Mr. Whiting, indefinitely, on account of illness. 
To Mr. Johnson of North Dakota, for two weeks, on account 
of important business. 

ENROLLED BILLS SIGNED. 

Mr. OHLIGER, from the Committee on Enrolled Bills, re- 
ported that they had examined and found truly enrolled bills of 
the following titles; when the Speaker signed the same: 

A bill (S. 317) granting an increase of pension to John M.Rob- 
erts: 

A bill (S. 2592) granting an increase of pension to William C. 
Tarkington; 

A bill (S. 2990) for the relief of George W. McKinney; and 

A bill (S. 3314) for the relief of E. Darwin Gage, late lieuten- 
ant-colonel of the One hundred and forty-eighth New York 
Infantry. 

BRIDGES ACROSS THE HIAWASSEE, TENNESSEE, AND CLINCH. 

Mr. EVERETT. :Mr. Sp.-aker, on Saturday last I asked the 
House to consider the bill (H. R. 10015) to authorize the con- 
struction of bridges across the Hiawassee, Tennessee, and Clinch 
Rivers. It is drawn up in the usual form of bridge bills and has 
th3 approval of the Secretary of War. My friend from Kansas 
[Mr. Otis], vmder a misapprehension of one of its provisions, ob- 
jected to the consideration of the bill. He now withdraws his 
objection, and I ask unanimous consent that the bill be put upon 
Its jiassage. 

The SPEAKER. This bill was read in full on Saturday, but 
objection was made by the gentleman from Kansas [Mr. Otis] to 
its consideration. The Chair is informed that the gentleman 
withdraws the objection. Is there further objection to the re- 
quest of the gentleman from Georgia'? 

Mr. TAYLOR of Illinois. Has the bill been reported'from a 
committee? 

The SPEAKER. It has. 

There being no objection, the bill was ordered to be engrossed 



442 



CONGRESSIONAL RECORD— HOUSE. 



Januaey 9, 



and read a third time; and boiug engrossed, it was accordingly 
read the third time, and jjassed. 

On motion of Mr. EVEUETT, a motion to reconsider the vote 
by which the bill was passed was laid on the tabic. 

ESTATE OF ISAAC W. TALKINGTON. 

Mr. BKECKINRIDGE of Arkansas. I ask unanimous consent 
for the present consideration of the bill (S. 118) for the relief of 
the estate of Isaac W. Talkington, deceased. 

The bill was read, as follows: 

lie it. enacted, etc.. That the Secretary ot the Treasury be, and he is hereby, 
autliorlzoa ana directed to pay to the estate ot Isaac W. Talkingtou, de- 
ceasiHl, late ol Pope County, in the State ot Arkansas, S300, erroneously paid 
to til e United States tor the north half ot southe.ast quarter of section 21, 
township 7 north, range 18 west, of the fltth principal meridian, out of any 
moneys in Treasury not otherwise appropriated. 

Mr. TAYLOR of Illinois. I ask for the reading of the report. 

The Clerk read the report of the Senate committee, as follows: 

The Committee on the Public Lands, to whom was referred Senate bill 118, 
have had the same tmder consideration, and report the same back with the 
recommendation that it do pass. 

For the tacts concerning the bill the committee refers the House to House 
Report 481 on bill H. K. 801. which is identical with this bill. 

Mr. BURROWS. The report just read does not disclose the 
merits of the bill. I hope the gentleman from Arkansas will 
make some statement of the matter. 

Mr. BRECKINRIDGE of Arkansas. The report just read is 
the report on the Senate bill, and it refers to the Senate report 
previously made on the House bill. I send the latter report to 
the desk. 

Mr. BURROWS. Let it be read, reserving the right to ob- 
ject. 

The report was read, as follows: 

The Coniniitteo on the Public Lands, to whom was referred the bill (H. R. 
801) for the relief ot the estate ot Isaac W. Talkingtou. deceased, for money 
erroneously paid to the United States for certain lauds, having had the same 
under consideration, report the same bad: ■with the recommendation that it 
pass. 

For the facts reference is made to the report made In the Fitty-flrst Con- 
gress, as follows: 

"The facts on which this claim is based are toimd In two decisions by the 
Secretary ot the Interior, iuvoiviu.? the land for which it is alleged double 
payment was made, and out of which the right to repayment grows. 

'" These decisions are Talkington's heirs vs. Hempilng, reported in vol. 2, 
Land Decisions, p. 46. and the case of the heirs of Isaac W. TalUiugton, vol. 
5, Land Decisions, p. 114. 

'■ It appears that Talkington made homestead entry No. 3888, February 15, 
1870. of the north halt ot the southeast quarter ot section 21, and that the 
entry was canceled December 1, 1870, lor alleged relinquishment. It having 
been shown subsequently, however, that Talkington had commuted his 
entry and paid K,50 cash per acre for the land, receiving therefor duplicate 
receipt No. 7419. dated August 20, 1872, and had died April 20, 1874, and tliat 
the relinquishment was fraudulent, the same bearing date June 5, 1876, more 
than two years after Talkington's death, his entry was reinstated April 5, 
1878. and the heirs made new commutation i^root, and paid $200, the purchase 
money, for said land. 

" Talkington made commutation proof and paid J200 for this land, and 
received a duplicate receipt under date ot August 20, 1873, Issued at D.arda- 
nelle. Ark., No. 7419, and signed by John C. Austin, receiver, the same being 
payment in full tor the tract in question at the double minimum valuation; 
and that across the face ot said receipt is noted, "Commuted from home- 
stead entry No. 3386, dated February 14, 1870." Audit also appears from the 
affidavit of one David Beasley, a neighbor ot Talkington's, who was cogni- 
zant ot all the circumstances ot the case, barring the alleged relinquish- 
ment, that he accompanied Talkingtou to the local office, and was one ot his 
witnesses in making his commtitation proof; that the other witness is 
deceased; that he saw the usual i^apers In such case made by the proper 
officer, and saw S200 in cash paid to the receiver; and that the affiant fiu'- 
nished Talkingtou with a portion ot the said sum. 

" It was for this sum that the heirs applied tor repayment. 

"This application was flually rejected by the Secretary of the Interior by 
his decision ot August 31, 188S, foimd in Land Decisions, vol. 5, page 114, above 
referred to, on the ground that the power ot repayment by the Secretary of 
the Interior is limited and defined by a statute to repayment of purchase 
money of land erroneously sold by the United States when from any cause 
the sale can not be confirmed. (Sec. 23Q2, R. S.) 

"The proof ot double payment in this case is direct and positive. 

" The fact that tlie receiver made no return ot this money, as ho Is required 
by law to do. does not contradict the tact of payment. 

"The receiver is a bonded officer, aud the United States has a remedy 
against his bondsmen tor the misappropria,tion ot the money received for 
the sale of this land. 

" For the foregoing reasons your committee report back the bill and rec- 
ommend its passage." 

There being no objection, the Committee of the Whole on the 
Private Calendar was discharged from the further consideration 
of the bill, and the House proceeded to consider the same. 

The bill was ordered to a thiixl reading, read the third time, 
and passed. 

On motii-n ot Mr. BRECKINRIDGE of Arkansas, a motion to 
reconsider the last vote was laid on the table. 

Mr. BRECKINRIDGE ol Arkansas. Would it not be proper 
nou' that the House bill corresponding in its provisions to the 
Senate bill just passed be stricken from the Calendar';" 

The SPKAKER. In the absence of objection. House bill No. 
801 will li'», upon the table. 

There was no objeclion. 

J.\MES STEWART. 

Mr. STORER. I ask unanimous consent for the present con- 
sideration of the bill (H. R. 6497) for the relief of James Stewart. 



The bill was read. 

Mr. BELTZHOOVER. Is there a report accompanying this 
bill? 

The SPEAKER. Without objection, the report-will be read. 

The report was read. 

The SPEAKER. Is there objection to the present considera- 
tion of this bill? 

Mr. BELTZHOOVER. Mr. Speaker, as Friday is appropri- 
ated under the rules for the consideration of the Private Calen- 
dar, I shall have to call the regular order against these bills. 

The SPEAKER. The regular order is equivalent to au ob- 
jection. 

ORDER OF BUSINESS. 

Mr. DOCKERY. I now desire to call up the District of Co- 
lumbia appropriation bill. 

The SPEAKER. The regular order is first the call of com- 
mittees for rejiorts. 

VIOLATION OP COIMMERCE LA^W'S. 

Mr. WISE, from the Committee on Interstate and Foreign 
Commerce, reported back favorably the bill (.S. 1933) concerning 
lestimony in criminal cases or proce;::dings based upon or grow- 
ing out of allegal violations of an act entitled "An act to regu- 
late commerce," approved February 4, 1887, as amended March 
2, 18811, and February 10, 1891; which was referred to the House 
Calendar, and, with the accompanying report, ordered to bo 
printed. 

WAGON BRIDGE ACROSS MISSOURI RIVER. 

Mr. GEARY, from the Committee on Interstate and Foreign 
Commerce, reported back favorably the bill (H. R. 100U3) to 
amend an act authorizing the construction of a high wagon 
bridge across the Missouri River at or near Sioux City, Iowa, 
etc.; which was referred to the House Calendar, and, with the 
accompanying report, ordered to be printed. 

ESTABLISHMENT OF A NATIONAL QUARANTINE, ETC. 

Mr. RAYNER, from the Committee on Interstate and For- 
eign Commerce, reported back with amendments the bill(H. R. 
9757) to provide for the better protection of commerce and for 
the general welfare by the establishment of a national quaran- 
tine, etc.; which was referred to the House Calendar, and, with 
the accompanying report, ordered to be printed. 

The call of committees was completed, no further rejwrts be- 
ing presented. 

UNITED STATES GOVERNMENT EXHIBIT BO.\RD. 
On motion of Mr. DURBOROW, by unanimous consent, the 
Select Committee on the Columbian Exposition was discharged 
from the further consideration of joint resolution {H. Res. 1«9)- 
extending the powers of the United States Government Exhibit 
Board, and it was referred to the Committee on the Library. 

MESSAGE FROM THE SENATE. 
A message from the Senate, by Mr. PLATT,one of its Secreta- 
ries, announced that the Senate had passed with an amendment 
the bill (H. R. 982-1) to amend "An act to promote the construc- 
tion of a safe deep-water harbor on the coastof Texas," approved 
February 9, 1891; in which the concurrence of the House was 
requested. 

DISTRICT APPROPRIATION BILL. 

Mr. DOCKERY. I now call up the District appropriation 
bill. 

The SPEAKER. Tiie Clerk will report the title of the bill. 

The Clei-k read as follows: 

A bill (H. R. 10038) making appropriations to provide tor the expanses ot 
the governutent ot the District ot Columbia for the fiscal year ending June 
30, 18'Jl, and for other pm-posos. 

Mr. BUCHANAN of New Jersey. Mr. Speaker, I rise to a 
parliamentarv inquiry: Has not the regular order been called 
for';' 

The SPEAKER. It has. 

Mr. BUCHANAN of New Jersey. And is not the regular 
order the second call of committees? 

The SPEAKER. But the gentleman from Missouri calls up 
this general appropriation bill. The rule, if the Chair r.col- 
leots aright, omits the provision for the second call of commit- 
tees on District day. 

Mr. BUCHANAN of New Jersey. I call the attention of the 
Chair to paragraph 1 of Rule XXVI: 

Alter the morning hour shall have been devoted to reports from commit- 
ters (or the call comiJletedi the Speaker shall again call the committees In 
regular order, etc. 

Mr. DOCKERY. I desire to call the attention of the gentle- 
man from New Jersey to the fact that there is no second morn- 
ing hour to-day, this being District day. 

Mr. BUCHANAN o' New Jersey. The gentleman begs the 
question; that is the very point I am raising. 



1893. 



CONGEESSIONAL EECORD— SENATE. 



463 



spectfully but. urgently praying that Congress will promptly 
enact such conservative legislation as shall secure the speedj' 
construction of the Nicaragua Canal, under the control of the 
Government of the United States and with such prorisions as 
will obtain the completion of this beneficent work at the lowest 
possible cost, thereby securing cheap tolls to our producers and 
merchants. The petitioners further pray that the Government 
of the United States shall consider and comply with the unani- 
mous demand of our fellow citizens all over the Republic in se- 
curing an interoceanlc highway through Nicaragua in the in- 
terest of our general welfai-e, industrially, commercially, and as 
ameansof national defense. They state thatno subject presented 
at this time to the American people is of greater moment to their 
prosperity, and with their unanimous approval and urgent re- 
quest they respectfully represent that Congress should act 
promptly and decisively in obtaining "an American canal under 
American control." 

I desire to haveunanimous consent to have tHe petition printed 
in the Record. It is not voluminous. It does not embrace over 
a paragraph . 

Mr. SHERMAN. I have no objection to having the petition 
printed as a document, but we have agreed on both sides to ob- 
ject to the printing of petitions in the Record. The Senator 
from Tennessee [INIr. Harris] objects on the other side and I 
think I shall have to take the privilege of objecting on this side. 

Mr. PELTON. I would not make the request, but the petition 
is signed by a half dozen prominent associations of CaliforniKon 
a subject in which tbey have a deep interest. If Senators on 
the other side fail to object I am very sorry that the Senator 
from Ohio doss so. 

Mr. SHERMAN. I will say to the Senator from California 
that I have no objection to the petition being printed as a docu- 
ment, and in that form it is much better to be distributed, but 
to print petitions in the Record is to increase the cost of print- 
ing to an untold amount. Probably the cost of printing in the 
Record would be twenty times as much as if printed in the form 
of a document, and to jjrint it in document form will answer 
every purpose. 

Mr. PELTON. I do not think it would receive any considerar 
tion if printed in the form of a document, and unless distributed 
it would be unnecessary. Therefore I will not ask that the pe- 
tition be printed as a document. I move that it lie on the table, 
the bill having been reported. 

The motion was agreed to. 

i^Ir. QUAY presented a memorial of the Evangelical Lutheran, 
the Presbyterian, and other churches of Duncannon, Pa. ; amemo- 
rial of the Central Presbyterian Church of Mercer County, Pa.; 
a memorial of the Mount Zion Lutheran Church of York, Pa., 
and a memtrial of a number of citizens and churches of Elgin, 
m., remonstrating against any repeal of the law closing the 
World's Columbian Exposition on Sunday; which were referred 
to the Committee on the Quadvo-Centennial (Select). 

Mr. WASHBURN presented a memorial of the commissioners 
of the sinking fund of the city of New York, remonstrating 
against the erection of a bridge over the Hudson River with ap- 
proaches at or about Seventieth street in that city; which was 
referred to the Committee on Commerce. 

He also presented a memorial of the Presbyterian Synod of 
Minnesota, remonstrating against the opening of the World's 
Columbian Exposition on Sunday; which was referred to the 
Committee on the Quadro-Centennial (Select). 

He also presented petitions of the State Grange of Minnesota; 
of 38 citizens of Nicolet County, and of 29 citizens of Sibley 
County, all in the State of Minnesota, praying for the passage of 
the Washburn- Hatch antioption bill: which were ordered to lie 
on the table. 

Mr. TELLER presented a petition of the Reformed Presby- 
terian Church of La Junta, Colo., praying for the closing of the 
World's Columbian Exposition on Sunday; which was referred 
to the Committee on the Quadro-Centennial (Select). 

Mr. MORGAN presented a memorial of 42 citizens of Selma, 
Ala., and vicinity, remonstrating against the passage of the 
Washburn-Hatch antioption bill; which was ordered to lie on the 
table. 

REPORTS of COMjnTTEES. 

Mr. BLODGETT, from the Committee on Pensions, to whom 
was referred the bill (S. 9433) granting a pension to Mrs. Ann 
Mercer Slaughter, reported it without amendment, and sub- 
mitted a report thereon. 

Mr. VILAS, from the Committee on Pensions, to whom w£ts re- 
ferred the bill (H. R. 1795) to increase the pension of A. J. Copen- 
haver, late a soldier in the Mexican war, reported it with an 
amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (H. R. 8038) granting a pension to William M. Watson, of 



Walker County, Ga., reported it without amendment, and bus- 
mitted a report thereon. 

Mr. STEWART, from the Committee on Mines and Mining, 
to whom was referred the bill (H. E. 9286) to create the Cali- 
lornia D6bris Commission and regulate hydraulic mining in the 
State of California, reported it with amendments. 

Mr. MILLS, from the Committee on Post-Offices and Post- 
Roads, to whom was referred the bill (H. R. 3C>7G) for the relief 
of R. L. Jennings, late postmaster at Marshall, Tex., reported 
it without amendment, and submitted a report thereon. 

Mr. DAWES, from the Committee on Indian Allairs, to whom 
was referred the bill (H. R. 7633) to ratify and confirm an agree- 
ment with the Kickapoo Indians in Oklahoma Territory, and to 
make appropriations for carrying the same into elVect, reported 
it with an amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 3329) to increase the area of the Northern Cheyenne or 
Tongue River Indian Reservation, Montana, and to authorize 
the Secretary of the Interior to settle the claims of bona fide 
settlers within the present reservation andthe addition thereto, 
and to make appropriation for that purpose, reported it without 
amendment. 

Mr. DANIEL, from the Committee oa Claims, to whom was 
referred the bill (S. 651) for the relief of Aaron Van Camj) and 
V. P. Chapin ifeCo., submitted an adverse report thereon; which 
was agreed to, and the bill was postponed indefinitely. 

Mr. SAWYER, from the Committee on Pensions, to whom 
was referred the bill (S. 2243) for the relief of W. G. Piper, of 
Moscow, Idaho, submitted an adverse report thereon: which 
was agreed to, and the bill was postponed indefinitely. 

He also, from the same committee, to whom was referred the bill 
(S. 3670) granting an increase of pension to Ciiarles A. Lang, re- 
ported it without amendment, and submitted a report thereon. 
JOSIAU PICKETT.- 

Mr. SAWYER. I am directed by the Committee on Post- 
Offices and Post-Roads, to whom was referred the bill (S. 3564) 
for the relief of Josiah Pickett, to report it with an amendment. 

Mr. HOAR. I ask that the bill may be considered now. It 
is very short. 

Mr. SAWYER. I hope the bill will be considered at this 
time. 

'By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The amendment of the Committee on Post-Offices and Post- 
Roads was, in line 7, before the word ■'satisfied," to strike out 
the word "reasonably;" so as to make the bill read: 

JSe it enacted, etc.. That the Postmaster-General be directed to settle the 
acconnt ol Josiah Pickett, of Worcester. Mass.. formerly postmaster at 
that place, by crecllting to said Josiah Pickett all such sums rei;eivctl by him 
as interest ou public moneys deposited as the Postmaster-tjeneral shall be 
satisfied have been applied by said Josiah Pickett for public purposes in 
connection with his office as postmaster aforesaid. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, andtheamend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

WLLTJAM J. AND JOSEPH M. C^VRNELL. 

Mr. DOLPH. By direction of the Committee on Public Lands, 
I report back with amendments the bill (S. 3649) for the relief 
of William J. Cornell and Joseph M . Cornell, the only amendment 
being a change in the spelling of the name. It is an important 
private bill, will only occupy the time of reading, and I ask for 
its present consideration. 

Mr. SHERMAN. Let it be read for information. 

After reading, the Senate, by unanimous consent, proceeded 
to consider the bill as in Comm'ittce of the Whole. It proposes 
to appropriate $800, $400 of which shall be paid to William J. 
Carnell, on account of an overpayment of that sum to the re- 
ceiver of the United States land office at Lagrande, Oregon, 
on land entry numbered 4298, for the south half of section 27, 
township 3 north, of range 30 east, and $400 thereof to Joseph M. 
Carnell, on account of an overpayment by him of that sum to the 
receiver, on land entry numbered 4292, for the north half of sec- 
tion 27, township 3 north, range 30 east, these entries having 
been made under the third section of the act of September 29, 
1890, and the parties having been, by mistake of the officers of 
the land office, required to pay $2.50 per acre instead of the legal 
price thereof, namelj', $1.25 cents per acre. 

The VICE-PRESIDENT. The amendments of the Committee 
on Public Lands will be stated. 

The Chief Clerk. In lines and 11 change the spelling of 
the name from " Cornell'' to "Carnell." 

The amendment was agreed to. 

The Chief Clerk. In line 9 strike out the word "southern" 
and insert the word "south;" so as to read "south half." 



464 



CONGRESSIONAL RECORD— SENATE. 



Januaey 10, 



The amendment was agreed to. 

Mr. UOLPH. The amondmcnts merely correct mistakes made 
in printing. 

Tlie bill was reported to the Senate as amended, and the amend- 
ments wore concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

The title was amended so as to read: " A bill for the relief of 
William J. Caniell and Joseph M. Carnell." 

PRINTING OP PURE-FOOD BILL. 

Mr. M ANDERSON. lamdirectodby the Committee on Print- 
ing to report a Senate resolution, and I ask for its present con- 
sidoiation. 

The Senate, by unanimous consent, proceeded to consider the 
resolution; which was read, as follows: 

Itfsolcfil, That 600 copies ot Senate bill No. 1 be printed as reported by tbe 
Committee on Agriculture ot the House for the use of the Committee on 
Agriculture ana Forestry. 

Mr. MANDERSON. This is a reprint of what is known as the 
pure-food bill. The printing is desired by the committee. 
The resolution was agreed to. 

BILLS INTRODUCED. 

Mr. WILSON introduced a bill (S. 3699) for the relief of John 
Bryson; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Post-Offices and 
Post- Roads. 

Mr. CHANDLER introduced a bill (S. 3700) for the relief of 
Arthur C. Hoffenger: which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Naval Affairs. 

Mr. BUTLER introduced a bill (S.3701) granting apension to 
Franklin A. Stoddard; which was read twica by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. DAWES introduced a bill (.S. 3702) granting to the Chi- 
cago, Rock Island and Pacific Rail way Company the use of cer- 
tain lands at Chickasha Station, andfor a " Y " in the Chickasaw 
Nation, Indian Territory; which was read twice by its title, and 
referred to the Committee on Indian Affairs. 

Mr. VOORHEES introduced a bill (S. 3703) for the relief of 
John Spicer; whicli was read twice by its title, and referred to 
the Committee on Claims. 

Mr. l^EFPER (by request) introduced a bill (S. 3704) to amend 
an act entitled, ''An act to provide a temporary government for 
the Territory of Oklahoma, to enlarge the jurisdiction of the 
United States Court in the Indian Territory, and for other pur- 
poses," approved May 2, 1890; which was read twice by its title, 
and referred to the Committee on the Judiciary. 

Mr. MORGAN introduced a bill (S. 3705) to ratify and confirm 
an agreement with the Wichita and affiliated bands of Indians 
in Oklalioma Territory and to make appropriations for carrying 
the same into effect; which was read twice by its title, and re- 
ferred to the Committee on Indian Atfairs. 

AMENDMENTS TO APPROPRIATION BILLS. 

Mr. BERRY submitted an| amendment intended to be proposed 
by him to the Indian appropriation- bill; which was referred to 
the Committee on Appropriations, and ordered to be printed. 
iftir Mr McMillan submitted an amendment intended to be pro- 

^«ed by him to the District appropriation bill: which was re- 
ferred to the Committee on the District of Columbia, and ordered 
to be printed. 

Mr. QUAY submitted an amendment intended to be proposed 
by him to the sundry civil appropriation bill; which was referred 
to the Committee on Public Buildingsand Grounds, and ordered 
to be printed. 

LEWIS D. ALLEN. 

Mr. COCKRELL. When the Senator from Oregon [Mr. 
Mitchell], chairman of the Committee on Claims, reported ad- 
versely the bill (S. 1421) for the relief of Lewis D.Allen, I asked 
that it might be i^laced on the Calendar until I could examine 
the report. I ask now that the bill bo indefinitely postponed, as 
the committee recommended. I have examined the report. I 
wish simply to rid the Calendar of the bill. 

Mr. MITCHELL. I will state to the Senator from Missouri 
that there are two bills in the interest of this same claimant, 
both reported adversely, I think. 

Mr. COCKRELL. I think the other bill has already been 
postponed indefinitely. 

Mr. MITCHELL. Perhaps so. 

Mr. COCKRELL. I do not find the other bill on the Calen- 
dar. This is the only one I find. 

Mr. MITCHELL. I think the other bill was perhaps indefi- 
nitely postponed. 



Mr. COCKRELL. I do not think any one asked to have the I 
other bill placed on the Calendar. ■ 

The VICE-PRESIDENT. The bill will be postponed indefi- 
nitely, if there be no objection. 

J. C. IRWIN & CO. AND OTHERS. 

Mr. COCKRELL. The bill (S. 21) for the relief of J. C. Irwin 
«& Co. and C. A. Perry & Co. was reported adversely on the 27th 
of January, 1892, from the Committee on Claims by the senior 
Senator from Kansas [Mr. Pefper], and was placed on the Cal- 
endar. ' I have conversed with him, and he makes no objection 
to my request that the bill and adverse report be recommitted 
to the Committee on Claims. 

Mr. PEFFER. The Senator from Missouri called my atten- 
tion to this particular case and suggested that some otiier and 
further evidence bearing upon the matter of the claim would be 
presented. Upon that account I think that the bill should be 
recommitted to the committee. I have no objection to the course 
suggested. 

The VICE-PRESIDENT. The Senator from Missouri moves 
that the bill be recommitted to the Committee on Claims. 

The motion was agreed to. 

ADDITIONAL QUARANTINE POWERS. 

The VICE-PRESIDENT. If there is no further morning busi- 
ness, that order is closed, and the Chair lays before the Senate 
fhe regular order. 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (S. 2707) granting additional quarantine 
power and imposing additional duties upon the Marine Hospital 
Service, the pending question being on the amendment proposed 
by Mr. White, to add to the lastsectionof the bill the following: 
All the proTisious of this act shall expire on the 1st day ot January, 1895. 

Mr. GALLINGER. The Senator from Florida [Mr. Call] 
has the floor, 1 understand. Does he wish to proceed now ? 

Mr. CALL. I will yield the floor to the Senator from New 
Hampshire if he desires to make some observations at this time. 

Mr. GALLINGER. Mr. President, there can be no doubt in 
the mind of any Senator as to the importance of the legisla- 
tion contemplated by the bill under consideration. It is but 
proper, however, that I should say, as a member of the Com- 
mittee on Epidemic Diseases which reported the bill, that it had 
not a very thorough consideration in committee, and it was un- 
derstood that each member of the committee might express on 
the floor his own judgment as to the proposed legislation, and 
vote as his conscience might dictate. 

I have been greatly interested in reading the discussion of 
this bill during my enforced absence from the Senate. I was 
yesterday interested in hearing the assurances from the lips of 
the distinguished Senator from Tennessee [Mr. Harris], the 
chairman of the Committee on Epidemic Diseases, that in his 
judgment this legislation was constitutional. I was reminded 
during his speech of the fact that when the bill to establish a 
national sanitarium for the treatment of pulmonary diseases was 
before the same committee, the Senator from Tennessee and the 
Senator from Louisiana |Mr. White] were both very clearly of 
the opinion that the proposed legislation in that bill was uncon- 
stitutional, and those Senators so reported to the Senate; but 
the bill now under consideration, the provisions of which not 
only authorize the use of public money with which to extirpate 
cholera and yellow fever, but also smallpox, diphtheria, scarlet 
fever, measles, and chickenpox, as well — for it covers all forms 
of contagious and epidemic diseases — is constitutional. 

I do not quaiu-el with the distinguished chairman of the Com- 
mittee on Epidemic Diseases as to the view he takes of this bill, 
but simply wish to suggest to him that ho ought to reverse the 
views he announced on the bill to establish a national sanitarium. 

Tuberculosis has destroyed in this country during the last 
twenty years a hundred times more people than cholera and 
yell'jv/ fever combined, and hence, in my judgment, has a supe- 
rior claim for legislation by Congress. 

After the bills relating to quarantine and immigration have 
been considered, I propose to ask action upon the sanitarium 
bill, which stands adversely reported by the Committee on Epi- 
demic Diseases. 

Mr. President, in reading the discussions on this question in 
this Chamber last week, I was very much surprised to find that 
some severe animadversions were indulged in concerning the 
Supervisor-General of the Marine Hospital Sarvice, I desire 
simply, in a single word, to say that from my personal and pro- 
fessional acquaintance with that gentleman he should be shielded 
from any personal attack on this floor. He is a man who stands 
high in his profession, a man who is recognized the country over, 
and perhaps the world over, as a distinguished sanitarian. It 
strikes me that it was proper that that officer .should be inter- 
ested in legislation such as is now before the Senate, and that 
he might properly, whether he did or npt, come to the Capitol 



1893. 



CONGRESSIONAL EECORD— SENATE. 



467 



' 



e'^nineuts of those countries that this discretionary power is 
vested in a board of intelligent men under the control of the 
government — of physicians, scientists, and practical men — with 
power to suspend intercourse, to isolate cases, to provide places 
of detention, and to fix the ])laces of maritime sanitation. These 
are the means which have been adopted everywhere. 

The question, then, is how far the bill before us answers this 
purpose? I think there are some criticisms upon it which are 
perhaps just. I find in the first section of the bill a provision 
which says: 

That it shall he unlawful for any merchant ship or other vessel from any 
foreign port or plac3 to enter any port of the United States except in ac- 
cordance with the provisions of this act- 
That is all very well, but the bill goes on to say — 
and wi:h such rules an i regulations of State and municipal heallli author- 
ities as may be niado in pursuance of, or consistent ■s\'ith, this act — 

That IS all very well, too, if it can be enforced; but the bill 
goes on to say — 

and any such vessel which shall enter, or attempt to enter, a port of the 
United States in violation thereof shall forfeit to the United States a sum, 
to be awarded in the discretion of the court, not exceeding $,'),00D. 

Mr. President, I am afraid that this provision of the bill is in- 
competent to confer jurisdiction upon a court of the United States 
to inflict the penalty for a violation of a State law or municipal 
regulation. The bill requires that it sha-11 not only be a law of 
the United States, but also a law of the State, for it says: 

Except in accordance mth the provisions of this act and with such rules 
and regulations of State and municipal health authorities. 

It is true that in the Siebold case, relating- to State election 
law?, the Supreme Court decided that an offense against the 
State law could be punished in the United States court when 
an act of Congi-essso provided, and the reasoning seems applica- 
ble to this case, but it does not seem to me to be clear that this 
case would come within the reasoning of the case. 

It seems to me that it would be a good objection to any of the 
penalties sought to be enforced in the jurisdiclion of the United 
States courts, to say that the lav,' requires this to be an offense 
not only against this act, but also against the rules and regula- 
tions of the health boards of the State, and that both, not one or 
the other, must be violated. If it were not an offense against 
this act, but only against that of the State, it may not be com- 
petent for this bill or any bill to give jurisdiction to a United 
States court to inflict a penalty for a violation of a State law. not 
an election law, but only a regulation of a municipal board of 
health in a State. 

I shall not undertake to delay this bill, because the supervi- 
sion which it establishes and the means which it will provide, 
and the money which will follow the passage of the bill under an 
appi'opriation by Congress, will in my opinion be, with the as- 
sistance of the Supervising Surgeon-General and the organiza- 
tion of the Marine Hospital Service and the State boards of 
health, largely efiicacious to protect the country against the 
cholera and against the approach of epidemic disease. 

I think I may speak somewhat advisedly upon this subject, be- 
cause in the State of Florida we have had tested fully the efficacy 
of this supervision by the Federal authorities in cooperation 
with the State officials; not that they have supplemented the in- 
telligent administration by Drs. Porter and Warren, of the State 
board, with any new ideas, but that they have stimulated them, 
they have furnished them constant information which otherwise 
would not have been accessible to them; by their station in Ha- 
vana, and the intelligent and watchful attention of Dr. Bur- 
gess, they have been enabled, in concert with Dr. Bui'gess and 
officers of the bureau at that place, to devise such a system of 
thorough inspection there and such a system of sanitation ujion 
arrival hero as to effect the purpose of security against the im- 
portation of disease. Therefore, I think I speak advisedly when 
I say that whatever may be the defects of the bill before the 
Senate, however much it may fail to attain the ends which must 
finally be attained, of not only a general supervision, but a thor- 
ough sanitation and disinfection of all baggage and of all pas- 
senyers, which is evidently the modern system, however the bill 
may fail in those respects, it will bo largely efficacious in the 
general supervision whicla will bo extended over the whole coun- 
try, and in the warnings which will be given to the different 
localities and the different State officers, and even to public 
opinion. 

We have seen that stimulated by this information and by the 
efficient administration of the Marine Hospital Service; we have 
seen that in the city of New York, in the late threatened epi- 
demic of cholera there, public opinion was so ai-oused as to bring 
out very large voluntary contributions for purposes of sanitation 
in the city. In this respect alone, in the information and the 
warnings which will be communicated to the authorities th rough- 
out the country, this bill and the approi^riations to follow, it will 
have very great influence, and I think bo largely efficacious. 



In this connection I desire to say that the services of the Sena- 
tor from New Hampshire [Mr. Chandler] in the Committee of 
Immigration; in awakening public attention and in diiecting in- 
telligent consideration to the subject, have been of great value 
and great interest to the country. 

I am in favor of this bill, not only because I regard it as en- 
tirely constitutional, but because I consider the exercise of this 
constitutional power to be one of the most beneficent which can 
possibly be considered. 

In regard to the amendment of the Senator from Louisiana 
[Mr. WuiTEl, if he thinks that it would make this bill more ac- 
ceptable to the people of Louisiana, while 1 am in favor of a bill 
which shall be permanent, which shall bring into the considera- 
tion of thes3 questions of tanitaticm, of contagion, and of epi- 
demic disease, the intelligent opinion of the medical profession 
outside of the Marine Hospital Service, while I think that this 
bill should contain a pi-ovision authorizing the President of the 
United States to call into his councils the eminent scientists and 
sanitarians from all the States, and to have him direct them to 
apply themselves to the investigation in ditferont localities of 
this question, while I think the medical profession outside of 
the Marino Hospital Service should be made use of by tlio Gov- 
ernment equally with that inside, although this bill may bo in 
that respect deficient, and a general bill and a permanent bill 
might very well be made which contained these provisions, yet 
I am disposed to accord to the Senator from Louisiana, in view 
of the fact that his people are largely opposed to the passage of 
any bill, that they should have an opportunity to see the benefi- 
cent operation of this act during the next two years. During 
that time a bill maybe perfected which shall comprehend not 
only the feature of employing under the Government when oc- 
casion shall demand it the medical force, the surgeons of the 
Army, and tlie Surgeon-General of the Marine Hospital Service, 
but shall also include an authority in the Pi-esident, in times 
of danger, to appoint civilians to temporarily make use of emi- 
nent men in the medical profession in every locality, to assem- 
ble a council of health, when it shall be necessary to do so. I 
am willing, however, to take the bill as it now stands, if wo 
can do no bettor. I had prepared a bill which I think more 
fully meets the views of the people of Florida, but inasmuch as 
there seems to bo a doubt whether or not a new bill could obtain 
at this period of time that consideration which would bo neces- 
sary for its passage, I think we had better adopt the bill intro- 
duced by the Senator from Tennessee. 

Mr. President, the question of the public health under our 
modern system of rapid intercourse, of intercommunication un- 
der our system by which vast multitudes of people of all the 
countries of the world, the old and the new, subjected to every 
variety of social condition, of want, of indigence, which fosters 
disease, rapid transit, the almost instantaneous facilities of com- 
munication, render the question of the measure by which the 
public health shall be protected in every country matters of the 
greatest importance. 

This bill should contain, if there wei'e time for its considera- 
tion, a provision for an international agreement for sanitation 
between the Island of Cuba, the other West India Islands, and 
the United States, and between Europe and America. Nothing 
but an international agreement can adequately i)rotoct this coun- 
try against invasion occasionally by the most virulent and fatal 
form of contag-ious and infectious disease. I suggest, hov,-ever, 
this as a matter for consideration; but Congress must make up 
its mind, as the people of this country have made up their minds, 
that thei-e must be legislation upon this subject in advance of 
any which has heretofore existed. It may be, and I think it is 
triie in regard to immigration, if it be a necessity when there is 
an epidemic of contagious disease in foreign countries and in 
the form of an extensive plague, that they shall be confined, as 
recommended by the State board of health of Illinois, in their 
entrance to this country to some one port in each State — proba- 
bly the constitutional requirement will not admit of anything 
else; and at such ports the Government should have the most 
thorough and the most complete means of disinfection and ar- 
rangement for the detention, not such as is necessai-y whore 
there is no preparation for it, but such as is consistent with 
humanity. 

I read in the reports here that in some of the quarantines es- 
tablished by Russia and uiion the Turkish border the vilest im- 
prisonment to which any human being was ever subjected is not 
worse than that prescribed by the conditions of confinement 
there. It is not worthy of an enlightened people that we shall 
allow such a condition of things to exist in our country: itis not 
worthy of an enlightened people that such a condition should 
exist as did exist in the jiort of New York, where the excited 
people refused permission to tlie passengers on board a vessel af- 
fected with this plague to land, and kajit them there in contact 
with this deadly disease. P.'blic opinion, and the enlightened 



468 



CONGRESSIONAL EEOORD— SENATE. 



jAmJAEY 10, 



public opinion, of this country demands some legislation, the 
most thorough and complete, to attain the end required by mod- 
ern science. 

But these considerations, Mr. President, it soeins are not per- 
tinent to the occasion. Tlie general opinion seems to be that 
there is no time, unless we adopt this bill, in which other pro- 
visions could bo made. While, therefore, I desire and I think 
it would be farbattorto have asystem in which iutellig'cnt medi- 
cal opinion of the different States outside of the Marine Hospital 
Service should lie required to bo made use of by the President 
in connection with it, while I think there should bo a ])rovision 
in this bill that in every State there should be one place, one 
port, whero baggage and persons from infected countries must 
land, and there complete arrangements be made for their isola- 
tion, detention, and disinfection, the shortest possible time be- 
ing required for that, so that commerce may be as free as possi- 
ble from unnecessary obstruction — while I am of that opinion, 
and would, if time were allowed, introduce amendments to this 
bill or a substitute for it, I shall give the bill my support. 

The PRESIDING OFFICER (Mr. Shoup in the chair). The 
question is on tlie amendment proposed by the Senator from 
Louisiana [Mr. White], which will be stated. 

The Secretary. At the end of the bill it is proposed to in- 
sert : 

All the pi'ovlsions of this act shall expire on the 1st day ot January, 1893. 

Mr. HARRIS. Mr. President, I desire simply to say in re- 
spect to the amendment of the Senator from Louisiana, that if 
this bill shall be passed and shall bo found to be defective inany 
respect, the Senator from Louisiana, as well as all other Senar 
tors, knows that Congress may amend it and repeal it at any 
hour of any session it may choose. It is not entirely as experi- 
mental as many Senators seem to think it, for, if Senators will 
look at the net approved Juno '1, lS79,they will find that on that 
day an act was approved which contains every power contained 
in this bill; indeed, the bill which is now pending was taken 
from that act, the only difference being in substance that that 
act conferred these powers upon the National Board of Health, 
which then existed and which still exists in the statute, under 
the direction of the Secretary of the Treasury, while this bill 
di'ops the National Board of Health out of view, and proposes to 
repeal the act which created it. 

The only other exception to bo found as between that act and 
the pending bill is the section which gives the Pi'esident the 
power in cases ot emergency to susi^end immigration temjiora- 
rily. That act expii-ed by its own limitation, for it was amended 
just before its passage by a provision that the act should expire 
in four years from the dat ■ of its aj)iiroval. It was in force for 
four years, from 1879 to l^'^.'i, and under its provisions the yellow 
fever which occurred in 1879 was promptly stamped out; there 
was no further importation, and the country was freed for those 
yeai-s from imported contagion. 

Mr. BUTLER. May I ask the Senator from Tennessee if that 
act went as tar as the pending bill in the direction of establish- 
ing national quarantine? 

Mr. HARRIS. Absolutely. 

Mr. BUTLER. As far as this measure? 

Mr. HARRIS. Absolutely. The Senator will find it on page 
5, of tho twenty-first volume, of tlie Statutes at Large. 

Mr. BUTLER. The act expired by its own limitation? 

Mr. HARRIS. It expired by its own limitation, but was in 
force for four years, and was enforced for fou\- years; and so far 
as the sanitarians of the country generally are concerned it was 
universally approved. 

That is all I desire to say. Let us have a vote upon the amend- 
ment. 

The PRESIDING OFFICER. The question is on agreeing to 
the amendment pi'oposed by the Senator from Louisiana [Mr. 
White]. 

Mr. W^HITE. On that I call for the yeas and nays. 

The yeas and nays were ordered; and the Secretary proceeded 
to call the roll. 

Mr. CALL (when his name was called). I am paired with the 
Senator from Alabama [Mr. Pugh]. If he were present, I should 
vote "yea." 

Mr. HOAR (when his name was called). I have a pair with 
the Senator from Alabama [Mr. Pugh], but he and I agree upon 
this question, and I have his permission to vote. I vote "nay." 

Mr. HARRIS. I desire to state that the Senator from Ala- 
bama [Mr. Pugh] before leaving the Chamber told me he was 
paired with the Senator from Massachusetts [Mr. HoarI, but ho 
and the Senator from iMassachusetts agree, .and the Senator from 
Alabama asked me to pair him with any one on the other side. 
I asked the Senator from Florida [Mr. C.\l,l] to pair with him, 
which he agreed to do. 

Mr. CALL. I have announced my pair. 



Mr. MANDERSON (when his name was called). I am paired 
with the Senator from Kentucky [Mr. Blackburn]. If he were 
present I should vote " nay." 

Ml'. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey]. If he were pres- 
ent I should vote "yea." 

Ml'. QUAY (when his name wascalled). I have a general pair 
with the Senator from West Virginia [Mr. Faulkner]. I am 
not aware of his sentim nits on this question. If he were pres- 
ent I should vote " yea." 

Mr. R.\NSOM (when his name was called). The Senator from 
Maine [Mr. Frye] has just reminded me of my pair with his col- 
league [Mr. H.\le]. If the Senator from Maine [Mr. Hale] were 
present he would vote " nay," and I should vote "yea." 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. COLQUITT]. If he were present, 
I should vote "nay." 

The roll call was concluded. 

Mr. BERRY. My colleague [Mr. JoNES of Arkansas] is paired 
with th i Senator from New York [Mr. Hiscock]. I do not know 
how either of thsm would vote. 

Mr. D.\NIEL (after having voted in the affirmative). I am 
paired with the Senator from Washington [Mr. Squire]. I 
therefore withdraw my vote. 

Mr. MORGAN (alter having voted in the affirmative). Find- 
ing that the Senator from Massachusetts [Mr. Dawes] has not 
voted, I withdiaw my vote. 

Mr. COCKRELL. I desire to announce that my colleague 
[Mr. Vest] is necessarily detained on business ffom the Cham- 
ber to-day and is paired with the junior Senator from Kansas 
[Mr. Perkins] on general questions. But I understand they 
would both vote the same way on this question, and therefore 
they ought not to be jxsired. 

Mr. HARRIS. Both are against the amendment? 

Mr. COCKRELL. They would both vote against the pending 
amendment, but I have not be m able to procure a pair for my 
colleague, and as it would not change the result I simply announce 
the fact. 

Mr, DANIEL. If necessary to make a quorum I feel at liberty 
to V to. 

The PRESIDING OFFICER. A quorum has voted. 

Tho result was announced — yeas 13, nays 33, as follows: 

YEAS— 13. 



Blodgett, 

Butler, X 

Gallinger, OS 

George, ^CJ 



Gibs m, 
Gorman, 
Gray, 
Mills, 



P.ilmer, 
Piatt, 
Vance, 
Vilas, 



White. 



Stewart, 

Stockbridne, 

Teller, 

Walthall, 

Washl)iirn, 

Wolcott. 



Sanders, 

Squire. 

Stanford, 

Turpie, 

Vest, 

Voorhees, 

Warren, 

Wilson. 



NAYS-33. 

Alilrich, aj Dubois, McMillan, 

Allison, Q3 Fellon, McPherson, 

Berry, j/j Prye, Mitchell, 

Cameron, Hansbrough, Peffer, 

Chandler, ■*-• Harris, Pettigrew, 

Cockrell, ^ Hisgins, Proctor, 

CoUe. ,03 Hoar, Sawyer, 

Dixon, '<-» ' Hunton, Sherman, 

Dolph, 3j Irby, Shoup, 

"> NOT VOTING-41. 

Allen, ^- Davis, Kyle, 

Bate. O Dawes, Manderson, 

Bl.ickburn.l^ Faulkner, Morgan, 

Brice, Gordon, Morrill, 

Call, Hale, Paddock, 

Carey. Hawloy, Pasco, 

Carlisle, Hill, Perkins, 

Casey, Hiscoclc, Power, 

Cilquitt, .Jones, Ark. Pugh, 

CuUoni, Jones, Nev. Quay, 

Dauiel, Kenua, Ransom, 

So the amendment was rejected. 

Mr. H.VRRIS. The last section, section 8, of the proposed act 
repeals the act which created the National Board of Health. I 
have a note from the seeretary of the National Board of Health 
asking me to have that section amended so as to authorize him 
" to turn over to such offic.r as may be designated by tlse Sec- 
retary of the Treasury for that purpose all books, papers, rec- 
ords, furniture, and other property belonging to said Boerd now 
in his charge." I think the amendment eminently proper, and 
I otVer it to section 8, so as to authorize the secretary of the 
Board to turn the property over. 

The PRESIDING OFFICER. The amendment will be stated. 

The Secretary. At the end of the last section of the bill it 
is i)roposed to add : 

These?retary of the National Bo.ard of Health is hereby authori/.ed and 
directed to turn over to such offlcer as may be designated by the Secretary 
of the Treasury for that purpose, all books, papers, records, furniture, and 
other property behuriing to said Board uow in his charge and contained In 
the .\rmy Medical Pdus^vim. 

Mr. WHITE. I ask the chairman of the committee whether 
there is no dangee by imiilication of an admission that that offi- 
cer is continued in tlie discLarge of his functions up to this time? 



1893. 



CONGRESSIONAL RECORD— SENATE. 



469 



There was a claim referred to the Committee on Claims on be- 
half of this officer claiming that for all these years he has been 
in the service and in the employ of the Government and asking 
an appropriation to pay him. 

Mr. COCKRELL. Was not that claim reported adversely by 
the Committee on Claims'? 

Mr. WHITE. Yes; but i£ we adopt this provision may there 
not be an implication resulting from it? I only ask it as a ques- 
tion. It strikes me so. 

Mr. HARRIS. I do not think it possible that there can be. 
The amendment simply authorizes him to turn over the prop- 
erty in his custody, and we have either to authorize him to turn 
it over to such officer as the Secretary of the Treasury may desig- 
nate to receive it or he continues in the custody of it. 

Mr. COCKRELL. Is there anything that he has belonging 
to the Government? 

Mr. HARRIS. Oh, yes; the furniture of the National Board 
of Health, and all the books, papers, and records. 

Mr. COCKRELL. I remember very distinctly the report of 
the Committee on Claims, and I thought it was an excellent re- 
port. made by the Senator from Wisconsin [Mr.VrLAS]. Ishould 
be very sorry to give this claimant, cormorant as he is, any 
ground for basing another claim against the Government. 

Mr. VIL.A.S. I suggest to the chairman of the committee in 
charge of the bill that ho could avoid the criticism which has 
been suggested by the Senator from Louisiana, by omitting any 
words in resjiect of the person in whose alleged charge the fur- 
niture or property of the Government has been, and simply pro- 
vide by the amendment that this board shall take charge of all 
property formerly in the custody of the National Board of Health . 

Mr. HARRIS. Let the Secretary send the amendment to the 
Senator from Wisconsin, and I will ask him to formulate it. ]\Iy 
object, and my only object, is to allow that officer to rid himself 
of the custody of property which is not being used. 

Mr. GALLINGER. I have two or three amendments to offer 
to the phraseology of the bill. Will the Senator from Tennessee 
permit me to offer them while the amendment is being modified? 

Mr. HARRIS. Certainly; while the Senator from Wisconsin 
is modifying or preparing the amendment the Senator from Now 
Hampshire may proceed. 

Mr. GALLINGER. I am satisfied the chairman of the com- 
mittee will accept the amendments. They merely change the 
phraseology. I move to strike out in section 2, line 1 , the words, 
"all vessels at foi-eign ports" and insert "any vessel at any for- 
eign port.'' In line 9 of the same section the singular form is 
used and the plural form in line 1 ought to be singular, I think. 

The PRESIDING OFFICER (Mr. Frye in the chairl. The 
Senator from New Hampshire offers an amendment, which will 
be reported. 

The Secretary. In line 1, section 2, strike out after the word 
''that " the words " all vessels at foreign ports," and insert '■ any 
vessel at any foreign jjort; " so as to read: 

That any vessel at any foreign port clearing for any port or place in the 
■United States shall be required to obtain from the consul, vice-consul, or 
other consular otHcer of the United States at the port of departure, or from 
the medical otHcer where such officer has been detailed by the President for 
that purpose, a bill of health, in duplicate, etc. 

Mr. HARRIS. I think the amendment accomplishes precisely 
the object which is already accomplished by the language in the 
section. I have no objection to changing the phraseology. 

The amendment was agreed to. 

Mr. GALLINGER. In section 3, line 24, I move to strike out 
the words "from another"' and insert the words "or Territory 
or the District of Columbia from another State or Territory or 
the District of Columbia; '' so as to conform to the phraseology 
used throughout the bill except in this one instance. 

The PRESIDING OFFICER. The Secretary informs the 
Chair that that amendment has already been adopted and is in 
the bill. 

Mr. GALLINGER. Then it is all right. 

Mr. VILAS. I think what I propose will probably meet the 
wishes of the Senator from Tennessee. I move to add at the end 
of the last section of the bill the following; 

And the Secretary of the Treasury is directed to obtain possession of any 
properly, furniture, books, papers, or records belongingto the United States 
which are not now in the possession of an officer of the United States under 
the Treasury Department which were formerly in the use of the National 
Board of Health or any officer or employ^ thereof. 

Mr. HARRIS. I wish to call the attention of the Senator from 
Wisconsin to the fact that the language he has employed author- 
izes the Secretary of the Treasury to obtain the possession of 
any property not now in the possession of an officer of the 
United States. 

Mr. VILAS. Under the Treasury Department. 

Mr. HARRIS. Under the Treasury Department. The Na- 
tional Board of Health was, I think, vmder the Treasury Depart- 
ment, and until we pass this or some other bill repealing the act 



which created the National Board of Health the matter of doubt 
is whether the office does not exist. 

Mr. VILAS. To strike out the word" now " would relieve that 
difficulty. 

Mr. HARRIS. I simply call the Senator's attention to the 
fact so that he may accomplish his object certainly. 

Mr. VIL.'^.S. I will change it in that respect. 

The PRESIDING OFFICER. Does the Smator from Ten- 
nessee accept the amendment proposed by the Senator from Wis- 
consin? 

Mr. HARRIS. I have no objection to it, sir. 

The PRESIDING OFFICER. The question is on agreeing to 
the amendment. 

The amendment was agreed to. 

Mr. HARRIS. If thi re be no further amendment as in Com- 
mittee of the AVhole let the bill bo reported to the Senate. 

The bill was reported to the Senate as amended, and the 
amendments wore concurred in. 

Mr. GRAY. I move in line 0, of section .'}, to strike out the 
words " and into one State from another," and wherever that 
phra-e occurs as qualifying or defining the jurisdiction of this 
national quarantine service. 

I believe it would bo quite sufficient in this tentative step that 
we are taking to confine the quarantine service and the coopera- 
tion of the Federal authorities with the State authorities to the 
quarantine of foreign vessels at our seaports, where hitherto all 
quarantine has been confined. I think that we are not prepared, 
without some such limitation as that proposed by the Senator 
from Louisiana, to enlarge the jurisdiction of the Federal quar- 
antine to the extent of giving authority to establish quarantine 
at any point in the United States whatsoever. I think the .States 
are quite capable of taking charge of the quarantine of their own 
territory much better than they are on the seaboard where they 
are exposed to the foreign commerce of the country, which is 
exclusively under the jurisdiction and regulation of the Federal 
Government. 

The PRE.-;IDING OFFICER. The Chair informs thcSenator 
from Delaware that in line the words in print " from another" 
have been stricken out and that in the present form it reads: 

And into one State or Territory or the District of Columbia from another 
State or Territory or the District of Columbia. 

Mr. GRAY. I do not quite understand what it would mean 
with those words stricken out. Let the Secretary read the 
clause as it stands. 

The PRESIDING OFFICER. The Secretary will read the 
clause as it now stands in the bill. 

The Chief Clerk read as follows: 

And in the exeeutiou and enforcement of the rules and regulations made 
by the Secretary of the Treasury to prevent the iutroiuciion of contagioua 
or infectious diseases into the United States from foreiiin countries and into 
one .State or Territory or the District of Columbia from another State or 
Territory or the District of Columbia. 

Mr. GRAY. Then I move to strike out the language after 
the word "countries"' and ending with the word "another" in 
line 9, because the language read means the same, and is the 
same enlargement of the quarantine jurit-diction proposed to b5 
conferred upon the Federal authority at which I w?.s aiming 
when I proposed the amendment. 

Mr. HARRIS. The precise point of the amendment of the 
Senator from Delaware seems to me to be land I suppose that is 
what he means) to limit Congressional regtilation of commerce 
in respect to quarantine to foreign commerce alone and to ex- 
clude any Congressional regulation of State commerce in this 
respect. 

Mr. GRAY. As to interstate commerce. 

Mr. HARRIS. Yes. as to interstate commerce. That is the 
object of the amendment. I think it would cripple very much 
and destroy to a very great extent the uniformity of quarantine 
regulations. It is a question of course for every Senator to de- 
cide for himself. I think it strips the bill of very important pow- 
ers and duties, and I shall vote against the amendment mys If. 

Mr. PLATT. The object of the amendment. I understand, is 
to prohibit the General Government from taking any measures 
to prevent th'3 spread of a contagious or infcetious disease from 
one State to another. 

Mr. HARRIS. That is the object. 

Mr. PLATT. Then I wish to vote against the amendment. 
The bill commits quite enough of the power of dealing with con- 
tagious and infectious diseases to the States. It makes the Gov- 
ernment subordinate in all instances to State authorities, to 
State quarantine, to State regulations. I think there had better 
be in the bill some power on the part of the Government to pre- 
vent the spreail of disease from one State to another, if it shall 
effect a lodgment. It is already expressly given, if I am not 
mistaken, in the statute of ISilO passed by Congress. This would 
seem to be going back upon what Congress has already done in 
that respect and would be a virtual repeal of the act of 1890. 



470 



CONGRESSIONAL EECORD— SENATE. 



J^^J^UAJlY 10, 



The PRESIDING OFFICER. The question is on agreeing 
to the amendment of the Senator from Delaware [Mr. Gray]. 

The amendment was rejected. 

Mr. VILAS. I have not the bill before me, but I understand 
it is the seventh section which contains a provision giving the 
President authority, in his discretion, to suspend all immigra- 
tion. 

Mr. HARRIS. That is the section. 

Mr. VILAS. And that section has been adopted? 

Mr. HARRIS. Yes, as in Committee of the Whole and in the 
Senate. 

Jilr. VILAS. I wish to move to strike out of that section the 
word ''immigration," and to insert instead "all passenger travel, 
but not immigration alone." 

The point to the amendment which I wish to make is this: It 
may become necessary, in the opinion of the President, to take 
so violent a remedy as to prohibit the access to our shores oE 
people from foreign lands lest tlioy should bring here the seeds 
of cholera. If it be so, and the Senate bo willing to invest him 
with that great authority, I think it ought not to be an author- 
ity which discriminates in the manner in which the word •'im- 
migration'' operates a discrimination. They come in as immi- 
grants who arc poor, and who are unable to come in the general 
position upon the ship of first-class or second-class travelers; but 
they who cume as immigrants, and who are necessarily classed 
under that t»i-m, are Jhe friends, the relatives often of the very 
best people whom we have in our land, so far as faithful citizen- 
ship, good service as citizens, usefulness in the development of 
the country are concerned. I am unwilling that it should b3 
decreed ta pi-ovent the friends and relatives of people who have 
been sent tor to join their pioneer friends in this country from 
coming into the United States unless it shall also ba provided 
that the exigency which shall forbid them shall be sufficient to 
foi'bid all. 

Mr. HARRIS. I have no objection whatever to the amend- 
ment of the Senator from Wisconsin. However, the amendment 
is not strictly in order at this time. 

The PRESIDING OFFICER. The Chair will consider the 
amendment inserting section 7 as open. 

Mr. HARRIS. I was going to ask unanimous consent that the 
amendment of the Senator from Wisconsin may be considered, 
and I certainly have no objection to it. 

Mr. MCPHERSON. Let it be read. 

The PRESIDING OFFICER. Section 7, as an amendment, 
will be considered open, and the Senator from Wisconsin has 
offered to it an amendment, which will be reported. 

The Chief Clerk. In section 7, line 10, it is proposed to strike 
out the word '' immigration " and insert in lieu thereof the words 
"all passenger travel, but not immigration alone: " so as to read: 

The President shall have power to suspencl all passenger travel, but not 
immigration alone, from such countries or places as he shall designate and 
for such period of time as he may deem necessary. 

The PRESIDING OFFICER. The question is on agreeing to 
the amendment of the Senator from Wisconsin. 

Mr. PASCO. I call the attention of the Senator from Wis- 
consin to line 7, and ask whether it is not proper that there 
should be a modilicatiou there also, as the word '■ immigration " 
occurs at that place? 

Mr. VILAS. I think it would be sufficient (and I intended to 
make that motion) to simply strike out "immigration" there 
and insert ''passenger travel." 

Mr. HARRIS. Let the section be read as proposed to bs 
amended. 

The Chief Clerk. In section 7, line 7, it is further proposed 
to strike out the word " immigration" and insert " passenger 
travel;" so as to read: 

Sec. 7. That whenever it shall be shown to the satisfaction of the President 
that by reason of the existence of cholera or other infectious or contagious 
diseases In a torcii;n country there is serious danger of the introduction of 
the same into tlie United States, and that notwithstanding the quarantine 
defense this danger is so increased by passenger travel that a suspension of 
the same is deniauded in the luterest of the public health, the President 
shall have power to suspend all passenger travel, but not immigration alone, 
from such countries or places as he shall designate and for such period of 
time as he may deem necessary. 

Mr. HARRIS. I suggest that the amendment be modified by 
leaving out the words "but not immigration alone," which seem 
to me to be wholly imnecessary. 

Mr. VILAS. As it would read without those words it would 
be the greater jiower conferred on the President v/hich would 
include the less, and I desire to be specific. 

Mr. HARRIS. I simply desired to caU the attention of the 
Senator to the ]5oint. 

Mr. CH.\NDLER. I understand the Senator from Wisconsin 
to state distinctly that he is not willing the President in any ex- 
igency shall suspend immigration alone, but that if he finds 
there is any danger from immigration of any kind he shall then 



suspend all passenger travel if he suspends any. That is the ob- 
ject of the Senator, I understand. 

Mr. PALMER. I had supposed, in examining the language of 
the bill, that something more would be necessary in order to pro- 
tect the public interest than the mere restriction upon passenger 
travel. I had supposed that some stronger word, such a term 
as to prohibit intercourse or to use means to prevent the trans- 
mission of disease from abroad would be proper subjects of pro- 
hibition. I had myself proposed to introduce the word "non- 
intercourse " as being a more satisfactory term. 

The PRESIDING OFFICER. The hour of 2 o'clock having 
arrived, the Chair will lay before the Senate the unfinished busi- 
ness. 

The Chief Clerk. A bill (H. R. 7845) defining " options " 
and "futures," imposing special taxes on dealers therein, and re- 
quiring such dealers and persons engaged in selling certain prod- 
ucts to obtain a license, and for other purposes. 

Mr. HARRIS. I wish to appeal to the Senator from Minne- 
sota [Mr. Washburn]. I think we shall get through in half an 
hour, but it may run an hour. I will ask that ho give me an 
hour, and I will promise not to seek any further indulgence this 
morning. 

Mr. WASHBURN. Agreed. 

Mr. HARRIS. An hour if necessary. 

The PRESIDING OFFICER. The Chair hears no objection 
to laying the unfinished business aside informally. The question 
recurs on agreeing to the amendment proposed by the Senator 
from Wisconsin [Mr. Vilas]. 

Mr. GRAY. Mr. President, my objection, and the only ob- 
jection, to the pending bill is the fact that it tends to place within 
the grasp of the Fedeial Government very extraordinary powers, 
and a class of powers the extent of which has not yet been 
measured and which have never heretofore been exercised by 
Federal authority, I am always reluctant to increase the do- 
main of Federal power unless .some clear exigency or necessity 
demands it. The exigency which is supposed to justify a total 
embargo upon immigration, to wit, the apprehension of the inva- 
sion of contagious disease, is sufficient in the opinion of some 
Senators and in my opinion to justify this extraordinary power 
of the entire suspension of immigration. 

But I donotbolievethat the immigration interests, so to speak, 
are so overwhelming, so great that they should subordinate 
every interest of the native-born or resident citizen of the United 
States, and that there can be no possible discrimination between 
the immigrant who comes here to settle and make his home and 
those who happen to be abroad and wish to return to their native 
home. I believe that a suspension of immigration, if that would 
measurably meet the exigency, is not so great a hardship upon 
those who are prevented from seeking a new home in this coun- 
try that it could not be justified, but I do believe that we can 
discriminate wisely between those who come on that account and 
those who already have a vested interest in citizenship and home 
in this country, to whom this country already belongs. I think 
we are not doing any injustice to those who are ambitious of 
citizenship in this country if we ask them to pause a little until 
what we may think a threatened danger has passed away. 

I see no great injustice in the discrimination. The people who 
are designated as immigrants, worthy people, people who have 
in the past and present contributed and are contributing to de- 
velop the wealth of the country, nevertheless come for their own 
benefit; they come for the improvement of their own condition; 
and they are not so absolutely necessary to the health and wealth 
of this country that we should feel we wore under bond even in 
so grave an emergency as a threatened contagion of cholera 
not to interfere with their rights. 

Mr. MILLS. I wish to ask my friend if he thinks the cholera 
would be less destructive if it were brouglit here by a native- 
born citizen who had some vested rights in this country? 

Mr. GRAY. Not at all. The Senator from Texas only makes 
a suggestion which may or may not come to be realized. If there 
is danger from any passenger class, then I say, with the power to 
suspend it, the Congress of the United States can exercise their 
unquestioned authority to lay an embargo upon all passenger 
traffic; there is no doubt about that; but if, in the opinion of 
those who have considered the question, wo can avert a threat- 
ened danger or deal with it successfully by a discriminating em- 
bargo, I see no injustice in discriminating in favor of our own 
citizens and our own peojjle as against those who intend bo- 
come citizens and to make their homo among us. A qualified, 
provisional, temjiorary embargo of immigration I think will work 
no very great wrong if not carried to excess. Whether that dis- 
cretion ought to be' in the President of the United States at all 
is quite another question. 

The PRESIDING OFl^ICER. The question is on agreeino- to 
the amendment of the Senator from Wisconsin [Mr. VilasJ. 

Mr. VILAS. On that I ask for the yeas and nays. 



1893. 



CONaRESSIONAL EECOED— SENATE. 



471 



The yeas and najs wei-e ordei-ed, and the Secretary proceeded 
to call the roll. 

Mr. IKBY (when his name was called). I am paired on this 
vote with the senior Senator from Maryland [Mr. GORMAN]. If 
he were present I should vote "' yea.'' 

Mr. INIANDEBtSON (when his name was called). I am paired 
with the Senator from Kentucky [Mr. Blackbuk.vj. 

Mr. PASCO (when his name was called). I again announce 
my pair with the Senator from North Dakota [Mr. Casey]. If 
he were present I should vote " yea."' 

Mr. QUAY (when his name was called). I am paired gener- 
ally with the Senator from West Virginia [Mr. Faulkner]. If 
he were present I should vote " nay." 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. Colquitt]. If he were present 
I should vote '• nay.'' 

The rail call v>as concluded. 

Mr. FELTON. I am paired with the Senator from Ohio [Mr. 
Brice]. If he were present I should vote '" nay."' 

Mr. VOORHEES. I desire to announce (and I may as well 
announce it now for the future votes) that my colleague [Mr. 
Turpie] is paired with the Senator from Minnesota [Mr. UaviS]. 
Both Senators are absent, and I make the announcement so that 
it may be understood why they are not voting. 

Mr. JONES of Arkansas. I am paired with the Senator from 
New York [Mr. Hiscock], but I will vote to make a quorum. I 
vote ''yea."' 

The result was announced — yeas 17, nays 27, as follows: 

YEAS— ir. 



Berry, 




Gibson, 


Morgan. 


Walthall, 


Blodgett, 




Harris, 


Palnier, 


White. 


Butler. 




Jones of Ark. 


Vance, 




CocUreU, 




Kyle, 


Vilas, 




George, 


X 


Mills, 


Voorhees, 
NAYS-2r. 




Call, 


Frye, 


McPherson, 


Sherman. 


Cameron, 




Gallinger. 


Mitchell, 


Shoup, 


Chandler, 




Gray, 


Morrill, 


Stockbrldge 


Dawes, 


to 


Hansbrougli, 


Pelfer, 


Teller. 


Dixou, 


Higglns, 


Pl.att, 


Washburn, 


Dolph, 


Huuton, 


Proctor, 


Wolcott. 


Dubois, 


•*mJ 


McIVUUan, 


Sawyer, 






o 

03 


NOT VOTINC5— 13. , 




Aldrich. 


Iq' 


CuUom, 


Hoar, 


Quay, 


Alien. 


Daniel, 


Irby, 


Ransom. 


Allison, 


3 


Davis, 


Jones of Nev. 


Sanders, 


Bate. 


</> 


FaiUkuer, 


Kenna, 


Squire, 


Blackburn 


. t- 


Felton, 


Manderson, 


Stanford, 


Brlce. 


o 


Gordon, 


Paddock, 


Stewart, 


Carey, 


u_ 


Gorman, 


P.isco, 


Turpie, 


CarUale, 




Hale. 


Perkins. 


Vest. 


Casey, 




Hawley. 


Pettigrew, 


Warren, 


Colie, 
Colquitt, 




Hill, 
Hiscock, 


Power. 
Pugh, 


Wilson. 



So the amendment was rejected. 

Mr. PALMER. If it be in order, I move to amend the bill, in line 
7, section 7, by striking out, after the word "by,"' the word '• im- 
migration," and inserting the words '' the introduction of persons 
or property from such country ;" in line 8, before the word "same," 
to insert "the right to introduce ;" and in line 10, to strike out 
the words "suspend immigration" and insert "prohibit the in- 
troduction of ijersons and property."' 

The PRESIDING OFFICER. There are three amendments 
offered by the Senator from Illinois to the same section, all of 
which will be reported. 

The Chief Clerk. In section 7, line 7, after the word "by," 
it is proposed to strike out "immigration " and insert " the in- 
troduction of persons or property from such country;" in line 8, 
before the word ■•same," to insert "the right to introduce:"' and 
inline 10, to strike out the words "suspend immigration'" and 
insert " prohibit the introduction of persons and property;" so 
as to read: 

That whenever it shall be shown to the satisfaction of the President that 
by reason ol the existence of cholei'a or yellow fever or other infectious or 
contagious diseases in a foreign country there is series danger of the intro- 
duction of the same Into the United States, and that notwithstanding the 
Quarantine defense this danger is so increased by the introduction of persons 
or property from such country, that a suspension of the right to introduce 
the same is demanded in the interest of the public health, the President shall 
have power to prohibit the Introduction of persons and property from such 
countries or places as he shall designate and for such period of time as he 
may deem necessary. 

Mr. HOAR. I suggest to the Senator from Illinois to insert 
the words " in whole or in part,"' after the woi'd " prohibit."' 

Mr. PALMER. I have no objection to any words that will be 
more comprehensive. 

Mr. HOAR. I suggest an amendment to the Senator's amend- 
ment by adding the words " in whole or in part,"' sa that the 
Prrsident may make a partial as well as a total prohibition. For 
instance, he may desire to prohibit a particular kind of property, 
like rags, coming into the country, which he has the power to 
do now. 



Mr. PALISIER. I am satisfied with the suggestion of the Sen- 
ator from Massachusetts. 

The PRESIDING OFFICER. The Senator from Illinois ac- 
cepts the amendment offered by the Senator from Massachusetts, 
and the amendment will be so modified. 

Mr. Mcpherson. Let the amendment be reported as it 
will then appear. 

The PRESIDING OFFICER. The amendment as modified 
will bo stated. 

The Chiep Clerk. It is proposed to amend so as to read: 

Sko. 7. That whenever lt.sh.all be shown to the satisfaction of the President 
that by reason of the e.xisten.'e of cholei-a or yellow fever or other infectious 
or contagious diseases in a foreign country there is serious danger of tlio 
Introduction of the s.auie Into the United Slates, and that notwithstanding 
tho quarantine defense this danger is so lucrea.->eil by the introduction ot 
persons or property from such cutuitry, that a susi>ension of the right lo In- 
troduce the same is demanded In the Interest of the public hoallh. tho Pre.sl- 
dent shall have power to prolilbit. in whole or in p.irt, the Intnxluetion of 
persons and properly from such countries or places as he shall designate, 
and for such period of time as he may deem ne.'essary. 

Mr. CHANDLER. I hope the amendments will bo adopted. 
It seems to mo that they solve tho difficulty which has been 
raised by the motion of the Senator from Wisconsin [Mr. VilaS]. 

In deference to tho judgment of the Senator from Tennessee 
[Mr. Harris], tho chairman of the committee, I was abiut to 
move that the authority of tho President to suspend immigra- 
tion should also be extended to all other classes of travel, but 
with the provision that the su-pension might ha made cither 
wholly or partial Ij'. A discretion to do an act of this kind in a 
great emergency certainly ought to have the authority coupled 
with it to act either in whole or in part according to the exigency. 

It seems to me now that tho amendments proposed by the 
Senator from Illinois exactly meet the case. I think tho power 
now exists on the part of the Executive to keep out infectious 
property; but there is no harm in adopting the amendment iu 
this' form, and certainly there can be no objection, if the power 
is given to the President, in whole or in ])art, to exclude that 
which will bring cholera to those shores, to i)rovide that ha 
may. if the exigency demands, exclude all other passenger travel 
as well as immigration. 

Mr. HARRIS. The amendment of the Senator from Illinois, 
as modified at the suggestion of the Senator from Massachusetts, 
is entirelv satisfactorv to me. 

The PRESIDING 6 b'PICER. The amendments of the Sena- 
tor from Illinois to the amendment of thj committee to insert 
section 7, will be treated as one amendment if there be no objec- 
tion. The Chair hoars none; and the question is on the amend- 
ment, as modified. 

The amenlment to the amendment was agreed to. 

The PRESIDING OFFICER. The question recurs on tho 
amendment to insert section 7 as amended. 

Mr. V'lLAS. I understand the yeas and nays have been called 
for on the adoption of section 7. 

-Mr. CHANDLER. Section 7 has been adopted, has it Jiot':' 

The PRESIDING OFFICER. The Chair stated that it would 
be considered open. 

Mr. CHANDLER. As excepted from tho order of the Senate? 

The PRESIDING OFFICER. That was the understanding 
of the Chair. On this ciuestion the Senator from Wisconsin 
[Mr. Vilas] demands the yeas and nays. 

The yeas and nays were ordered; and the Secretary proceeded 
to call the roll. 

Mr. MANDERSON (when his name was called). I am paired 
with the Senator from Kentucky [Mr. Blackburn]. 

Mr. PASCO (when his name was called). I again announce 
my pair with the Senator from North Dakota [Mr. Casey]. 

Mr. QUAY (when his name was called). I desire again to 
announce my pair with the Senator from West Virginia [Mr. 
Faulkner]. If he were present I should vote "yea."" 

Mr. RANSOM (when his name was called). I am paired with 
the Senator from Maine [Mr. Hale]. If he were present I 
should vote "nay." 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. ColquittJ. If he were present 
I should vote "yea.'" 

The roll call was concluded. 

Mr. PELTON. I am paired with the Senator from Ohio [Mr. 
Brice]. If ho were present I should vote " yea." 

The result was announced— yeas ?.7, nays 10, as follows: 
YEAS— 3r. 
Call, George. MorrUl, Stockbrldge, 

Cameron, Hansbrough, Palmer. Teller. 

Chandler, HaiTis, Pelter, Vance. 

Cockrell, Higgins, Pettigrew, Voorhces, 

D.awes, Hoar, Piatt, Walthall. 

Dixou, Irby, Proctor. Washburn, 

Dolph, Kyle, Pugh. Wolcott. 

Dubois, McMillan. Sawyer. 

Frye, McPherson, Shermau, 

Gallinger, Mitchell. Shoup, 



472 



CONGRESSIONAL RECORD— SENATE. 



January 10, 



Berry, 

Bloagett, 

Butler, 

Aldrlch, 

Allen, 

Allison, 

Bate. 

Blackbui'n, 

Brice, 

Carey, 

Carlisle, 

Casey, 

Colquitt, 



NAYS -10. 

Coke, Mills, 

Gray, Morgan, 

Hunton, Vilas, 

NOT VOTING— 40. 

CuUom, Hill, 

Daniel, Hlscock, 

Davis, Jones of Ark. 

Faulkner, Jones of Nev. 

Feltou, Kenua, 

Gibson, Manderson, 

Ciordon. Paddock, 

Gorman, Pasco. 

Hale, Perkins, 

Hawley, Power, 



White. 



Quay, 

Itansom, 

Sanders, 

Squire, 

Stanford, 

Stewart, 

Turple, 

Vest. 

Warren, 

Wilson. 



So the amendment as amended was agreed to. 
Mr. MORGAN. I offer an amendment, which I send to the 
desk, to come in at the end of the bill. 
The PRESIDING OFFICER. The amendment will be stated. 
The Chief Clerk. It is proposed to add as a new section: 

Nothing in this act contained shall bo so construed as to authorize the 
United States, or any officer thereof on Its behalf, to take into Its ownership 
or control tor quarantine purp jses, any pl.ace in any State and to exercise 
therein exclusive jurisdiction without the consent of such State. 

Mr. MORGAN. Mr. President, I have offered that amend- 
ment for the purpose of reconciling some of the apparent con- 
flicts of jurisdiction between the State governments and the 
Federal Government, which seem to be presented in the bill, 
and which, I am afraid, will lead to lawsuits and injunctions at a 
time when we wunt absolute certainty in our proceedings. 

Mr. CHANDLER. Will the Senator allow me to inquire 
whether he means to prevent buildings from being taken pos- 
session of. and land as weUy 

Mr. MORGAN. You could not take possession of a building 
without taking possession of the land as well. 

Mr. CHANDLER. I understand; but you can take possession 
of land without taking possession of a building. 

Mr. MORGAN. If there was no bviilding on it, you certainly 
could. 

Mr. CHANDLER. I would go along with the Senator in a 
willingness not to liave this act construed to authorize any State 
buildings or any of the paraphernalia of a State, which had been 
prepared for quarantine purposes, being taken possession of there 
by the greater power of the National Government; but I should 
not be willing to put the United States where it could not any- 
where on the seaeoast go upon a vacant piece of land and estab- 
lish there a national quarantine. 

Mr. MORGAN. There is not a vacant piece of ground in any 
State in this Union in the sense in which the Senator speaks. 
The ground in every State of this Union is owned by some indi- 
vidual, by the State, or by the United States. Therefore, there 
is no vacant place; there is no place in the United States to-day 
where there is not an ownership of the land. 

Mr. HOAR. I desire to ask the Senator if he means — I heard 
his amendment read imperfectly, perhaps — to prohibit the Na- 
tional Government, in case of emergency, from getting a quar- 
antine ground anywhere on the seashore of a State when the 
State Legislature is not in session':' 

Mr. MORGAN. The State Legislature, Mr. President, could 
provide in advance, if it was necessary to provide, for the Gov- 
ernment of the United States to be admitted in all cases of emer- 
gency to establish quarantine buildings, quarantine stations, or 
even to occupy the stations of the Stat?. That ought to be the 
law of the State; buti can not alter the Constitution of the United 
States, which prohibits the Government of the United States from 
acquiring ownership or taking the occupation of any piece of land 
in any State without the consent of the Legislatiu-e. The plain 
injiuiction is there in the Constitution, in Article I, clause 17, 
and we are running right over it. 

Mr. CHANDLER. Why not leave it, then, on the Constitu- 
tion? 

Mr. MORGAN. I want to put in that express qualification so 
as to show that we had the Constitution in our eye, in cont:>m- 
plation, at the time we enacted this law, and to show that it was 
not the purpose of Congress to break down that provision of the 
Constitution, and without this qualification. I think it would be 
very clear that such was the purnose— and to jirevimt lawsuits 
and injunctions, as I said before, at a time when there may b? 
very g-reat public emergency for quarautiuo regulations on the 
part of the United States. 

Mr. President, there is no use in trying to disguise the fact 
that this is a bill of subvention for the bi'ue'it of the State gov- 
ernments. It is a bill to takeoff the State authorilies and lo- 
calities the expenses of quarantine, and I think where the quar- 
antine is leveled against the introduction of a pest from abroad, 
that that is a good purpose, it is a rightful purpose, and I think 
there are many particulars in which the State authorities and 
the United States authorities can co iperate. Even in the matter 
of making regulation, I think it is altogether practicable where 
the regulation itself does not necessarily carry with it the ex- 



clusive right of legislation, the exclusive right of making laws 
to control the place in the State where the quarantine buildings 
arc located, where the quarantine is made elTectual. 

I think wo had better, while we are making this emergent 
legislation, have some regard to our powers and duties. I very 
much hope, if this bill shall go to another part of the Congress 
of the United States, that they will, at all events, take this sub- 
ject into consideration and see that there is no unseemly and im- 
proper conflict created by the bill itself between the State au- 
thorities and the Federal authorities. If we get up a question 
of that kind we are going to have trouble about it, and more 
than wc have had oftentimes in the United States, particularly 
in respect of interstate prohibitions upon migration, immigra- 
tion, etc.; we shall have the shotgun quarantine. Do we not 
remember how the banks of the Mississippi River, and other 
rivers also and the railroads, have been frequently picketed by 
men with shotguns in their hands to prevent the coming and 
going of trains and mails and everything of that sort? 

Is our experience on that subject so indefinite or so very 
smooth as that we do not remember the trials and troubles we 
have had upon this question in the United States'? When we 
come to deal with the right of a man to take his goods or his fam- 
ily from one State to another, and from an infected country to 
one that is not infected, we have as between him and the com- 
munity to which he is going, a very serious conflict. We ought 
not to permit that conflict to go into the legislation of the coun- 
try; we ought to try to smoothe it out; wo ought to try to so pro- 
vide as that the United States Government can exercise right- 
fid, proper, constitutional authority within the borders of a State, 
which can always be done and always will be done by the State 
inviting or accepting our assistance in this way of raising money 
to enforce a quarantine. There is no difficulty about getting 
authority for the United States Government to assist in a quar- 
antine when you carry the money along to pay the expenses. 

The doctors may disagree, and probably will become a little 
strenuous and pragmatical about their respective professional 
authority and dignity, and the like of that. They are always 
quarreling with each other. It is part of the business of the 
profession, I believe, to underrate, undervalue, and quarrel with 
each other in their opinions, etc. Perhaps that is all right, but 
it is not very convenient, and it is not a very useful thing in an 
epidemic; it produces Strife and contention. I have seen it in my 
State, when the doctors were almostbytheears, some contending 
that one party had the right to control; others that another 
party had the right to control; and the king of terrors seems to 
have no power at all unless he has got a doctor for a leader in 
some way or other. 

I believe that our duty is to provide, as far as our constitu- 
tional authority can jiossibly go, for the prevention of the in- 
troduction of these epidemics. It is a peculiarly binding and 
obligatory duty at this time. In view of the great World's Fair 
we are to hold in Chicago, we ought to provide a system of laws 
here which will give an assurance to the world that we will pro- 
tect the health of this country against an introduction of chol- 
era or yellow fever or anything else in such a way as to become 
disastrous. If we do not do that we shall have to rely entirely 
upon our own people for the support of the enormous expendi- 
tures in connection with that gri. at exhibition. 

So I fully concur in the whole measure if we can only keep the 
Government of the United States and the State governments out 
of contlict; and I believe the adoption of my amendment as the 
last clause in this bill, showing what our purpose and intent is, 
will better enable the two governments, the State governments 
and the Federal Government, to reconcile their difficulties and 
disputes with each other. That is my whole purpose in offering 
the amendment. 

Mr. DOLPH. Mr. President, the constitutional provision to 
which the Senator from Alabama [Mr. Mokgan] has reference 
I suppose is subdivision 17 of section 8 of Article I. Section 8 
provides that Congress shall have the power to lay and collect 
taxes, etc., and then, passing to the seventeenth subdivision, it 
provides that — 

The Congress shall have power to exercise exclusive legislation in all 
cases whatsoever over such district (not exceeding 10 miles square! as may, 
by cession of particular States and the acceptance of Congress, become the 
seat of the Government of the United States, ami to exercise like authority 
over all places purchased by the consent of the Legislature of the State in 
wlii<'h the same shall be, for the erection of forts, magazines, arsenals, dock- 
yards, and other needful biuldings. 

It is the custom of the General Government, in providing for 
the purchase of land for these particular purposes, to require as 
a pi ecedent to the expenditure of money that the consent of the 
Legislature shall be obtained. There "is no objection to that; 
but it does not follow that the United States can not lease or oc- 
cupy property or even buy propei'ty and use it' for special pur- 
poses, as I understand, of the States, without the consent of the 
Legislature. 

Mr. MORGAN. I do not deny that. 



1893. 



CONGRESSIONAL EECORD— SENATE. 



473 



Mr. DOLPH. The only question is the question of the exer- 
cise of exclusive jurisdiction to legislate. 

Mr. MORGAN. That is the point in the case. 

Mr. DOLPH. And exclusive judicial jurisdiction. I do not 
understand that there is anything in the bill before the Sen- 
ate which would prevent the United States occupj-ing, with the 
consent of the owner, real property, land aloue, or the land with 
the improvements, for the purpose of carrying out q\iarantine 
regulations. If the United States undertook to exercise exclu- 
sive judicial or legislative jurisdiction over the land without the 
consent of the State Legislature, then the question would arise; 
but if wo are going to make any great expenditure for the pur- 
chase of land and the erection of large buildings, if it was prac- 
ticable to do so, I should insist with the Senator from Alabama 
that we should first obtain the consent of the State. I do not 
think, however, that such a provision as he proposes is necessary 
to this bill. It might a>< well bo put in any bill which author- 
izes certain acts to ba done by the General Government for a 
general purpose. Certainly no officer, as specified in that 
amendment, could exercise this jurisdiction. The attempt to 
exorcise the jurisdiction must be through the Congress of the 
United States or by the judicial department of the Government. 
I do not think the amendment is necessary to the bill. 

Mr. MOKGAN. My purpose is not to shut out the United 
States from the right to get the occupation of property within a 
State for the purposes of quarantiue; but after having obtained 
it, from exercising therein exclusive jurisdiction. I think this 
bill do OS provide tor an exercise of exclusive jurisdiction on the 
part of the officers of the Government of the United States. I 
think that under this bill, if an epidemic of cholera were ju-e- 
vailing in the city of New York, or was likely to prevail thero, 
the Secretary of the Treasury could go and drive out the officers 
of the State of New York from the quarantine stations, take pos- 
session, and run them at his will and pleasure. That is the way 
I understand the bill. 

Mr. CHANDLER. The Senator says the Constitution does 
not allow an officer to do so. 

Mr. MORGAN. Oh, I am talking about the frame of this bill. 
I want to know whether the power is not given hei-e to the Sec- 
retary of the Treasury to take posso.-sion of the quarantine sta- 
tions and all the pioperty devoted to quarantine purposes in the 
city of New York, and put in operation there exclusively the 
power of the United States Government':' 

Mr. CHANDLER. I think the bill does, if that authority is 
to be deduced from the provision that the President shall take 
such stei s as he deems necessary to keep the cholera out; but 
it is only to be inferred from that very Ijroad language. Now, 
can we not trust the President of the United States under that 
clause not to take possession of Hoffman and Swinburne Islands? 

Mr. MORGAN. I trust no President, I trust no man by put- 
ting in his possession a power which violates the Constitution 
of my country. I am sworn not to do that and I do not mean to 
do it. I had rather put a check upon his power and say that he, 
as well as myself, must act in accordance with the Constitution. 
This is the object of my amendment, and the Senate may vote 
upon it. 

The PRESIDING OFFICER. The question is on the amend- 
ment submitted by the Senator from Alabama. 

Mr. MORGAN." I ask for the yeas and nays on the amend- 
ment. 

The yeas and nays were ordered. 

Mr. VILAS. I ask that the amijndment be again reported. 

The PRESIDING OFFICER. The amendment will be again 
stated. 

The Chief Cderk. It is proposed to add a new section at the 
end of the bill, as follows: 

Nothing lu tliis act contained sball be so construed as to autliorize the 
Uuited States of any officer tliereof in its belialf to talte into Its o\\Tiership 
or control for tiuarantine purposes any jilace in any State, and to exercise 
therein exclusive .iurisdiction withotit'tho consent of such State. 

The Secretary proceeded to call the roll. 

Mr. CHANDLER (when Mr. CuLLOM'S name was called). I 
desire to announce that the Senator from Illinois [Mr. Cullom] 
is detained from the Senate by illness. 

Mr. MANDERSON (when his name was called). I am paired 
with the Senator from Kentucky [Mr. Blackburn]. 

Mr. PASCO (when his name was called). I again announce 
my pair with the Senator from North Dakota [Mr. CaseyJ. 

Mr. QUAY (when his name was called). I am paired with Ihe 
Senator from West Virginia [Mr. FaulknerJ. 

Mr. RANSOM (when his name was called). I am paired with 
the Senator from Maine [Mr. Hale]. If he were present I should 
vote " yea." 

Mr. WILSON (when his name was called). I again announce 
my pair with the Senator from Georgia [Mr. Colquitt]. It he 
were present I should vote '' nay." 



The roll call was concluded. 

Mr. GORDON. I am paired with the Senator from Wyoming 
[Mr. Warren]. If he wore here I should vote '• yea." 
The result was announced — yeas 19, nays 28; as follows: 



Berry, 

Blodgett, 

Butler, 

Coke, 

Daniel, 



-a 



Call, 

Cameron, 
Chandler, '"' 
CocUrell, 
Dawes, ^ 

Dolph, <1? 

Dubois, 



CO 



Gorman, 

Gray, 

Huuton, 

Kyle, 

McPherBon, 



Frye. 

Gallinger, 

George, 

Hansbroiigh, 

Harris, 

Higgins, 

Hoar, 



O 

03 



CO 



Aldrich, 

Allen, 

Allison, 

Bate, 

Blackburn, 

Brii e, t_ 

Carey. O 

Carlisle, I i 

Casey, 

Cokiiiitt, 



VUas. 
Voorhees, 
Walthall, 
While. 



Proctor, 

Sawyer, 

Shei-man, 

Shoiip. 

Stockbrldgs, 

Teller, 

W ashbum. 



R.insom, 

Sanders, 

Squire, 

Stanford, 

Stewart, 

Turple, 

Vest, 

Warren, 

Wilson, 

Wolcott. 



YEAS— 19. 
Mills, 
Morgan, 
Palmer, 
Pugh, 
Vance, 

NAY'S— 28, 
Irbv. 

McMillan, 
Mitchell, 
Morrill, 
Pefrer, 
Pettigrew, 
Piatt, 

NOT VOTING— )0, 

Cullom, Hlscock, 

Davis, Jones, Ark. 

Di.xon, Jones, Nev. 

Faulkner, Kenna, 

Felton, Manderson, 

Gibson, Paddock, 

Gordon, Pasco, 

Hale. Perkins, 

Hawley, Power, 

Hill, Quay, 

So the amendment was rejected. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

On motion of Mr. HARRIS the title was amended so as to read: 
"A bill granting additional qtiaranline powers and imposing ad- 
ditional duties upon the Secretary of the Treasury and Marine 
Hospital Service, aiul for other purjjoses."' 

Mr. CHANDLER. I desire to s;iy that I shall allow the next 
special order, being the bill for tac suspension of immigi-ation 
for cue year, to lapse without asking to take it up at this time, 
but at an early day I hope to bring that bill before the Senate 
for its consideration. 

DEALING IN OPTIONS AND FUTURES. 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (H. R. 7815) defining "options'" and "fu- 
tures," imposing special taxes on dealers therein, and requiring 
such dealers and persons engaged in selling certain products to 
obtain license, and for other ptirposos. 

Mr. WASHBURN. Before proceeding with the discussion 
of the bill, I ask for the adopton of the following order: 

OrrUre'l. That 3,000 extra copies of House bill 731.'). a bill deauing •' options" 
and " tutiu'es," etc., be printed for the use of the Senate. 

The order was agreed to. 

The VICE-PRESIDENT. The pending amendment, which was 
olTei-ed by the Senator from Louisiana [Mr. White], will be 
stated. 

The Chief Clerk. At the end of section 2 it is proposed to 
strike out the following proviso: 

Provid'il.hoifeirr, That such contract or agreement shall not be made, 
settled for by delivery or settlement of dlfTcrenccs, or by any other mode of 
performance or settlement in or upon any board of trade, produce, cotton, 
merchants', or other exchange, or other commercial association, or in any 
place or upon any premises where price quotations of said articles are an- 
nounced, bulletined, orpublished.uor be subjected to the rules or regulations 
of any such board, exchange, or other commercial association. 

The VICE-PRESIDENT. IstheSenato ready for the question? 

Mr. WASHBURN. The yeas and nays have been ordered on 
that amendment. 

Mr. VILAS. Mr. President, the Senate did me such lionor 
in patiently listening to a long constitutional discussion when 
this bill was last under consideration, that I can not butfeel some 
reluctance in again soliciting the favor of its hearing. But the 
subject to which I wish to address attention to-day, although 
kindred, is another than that wliich formed the subject of the 
remarks I had the honor to submit to the Ssnate a few days 
since. 

It is necessary in order to the presentation of the constitu- 
tional objections to this measure thatit should be demon.,trated, 
if demonstrated it can be, that the substitute pro])osed by the 
minority of the Judiciary Committee, and particularlj' cham- 
pioned by the distinguished and able Senator from Missisjippi 
I Mr. Ge0R(;e], should also bo shown to lack the authority neces- 
sary in the Constitution for its enactment, and to that point I 
fe i obliged to address some obsurvations. 

The substitute possesses, as I have said, at least One merit. It 
is open in its jiurposes, direct in its exercise of legislative author- 
ity, using' no cloak or cover, and, u)ion the assumption of consti- 
tutionality, is, for the most part, legislation filly addressed to 
the purposed use of the power. It denounces directly as illegal 
the methods of business it condemns, and provides appropriate 
criminal sanctions. 



474 



CONGEESSIONAL RECORD— SENATE. 



Januaey 10, 



But when this is said, the end of commendation seems to me 
to be reached. I cannot regard it as any less certain that the 
power to regulate commerce with foreign nations and among the 
several Stafes no more authorizes the projected invasion of the 
constitutional rights of the people in their State governments 
than docs the i^owor to raise revenue for the support of the Na- 
tional Government. 

The argument for reliance upon the commerce clause has been 
left substantially to the learned and distinguished Senator from 
Mississippi [Mr. George]— it needs not be said it could be in no 
abler hands— and it was presented with all the skill the case per- 
mitted. Yet, though his dialectics commanded admiration, it 
seemed to me the fallacy of the argument was generally felt, if 
not yet fully expounded. If I venture that attempt, I must, in 
fair justice, deal with it as he has made it; and, in doing so, may 
feel assured I encounter all that can be urged in support of that 
theory of authority. . 

I can not reaard it necsssarv. however, to recapitulate and in 
detail discuss all that he so skillfully constructed, nor to pursue 
the same order that he adopted. Very much, indeed, of what 
has already been presented in opposition to the employment of 
the taxing' power will be recognized by the Senate as addressing 
equal force against the authority claimed under the commerce 
clause, and due regard for this consideration demands abbrevia- 
tion of what might otherwise have been proper to say if the com- 
merce clause were alone invoked to support this legislation. 

Divested of mere woi-ds, and stripped to the skin'by afair anal- 
ysis, the entire substance of the learned Senator's contention 
seems to stand upon two prime assumptions: 

1. Congress may directly iuterpnsc to suppress any domestic 
transactions sanctioned by the laws of a State and conducted by 
its own citizens wholly within its borders, although in no wise 
interstate or foreign dealing, not even amounting to commerce 
at all, if their indirect effect in some manner unfavorably in- 
fluences, or. in his language, obstructs or restrains other trans- 
actions, whether by the same or other persons, which are, or 
might become, interstate or foreign commerce. 

2. Congress may conclusively assert that any such domestic, 
infra-state transaction does unfavorably inlluence interstate or 
foreign commerce, conclusively declare it an obstruction to such 
commerce, and thus foreclosing inquiry of the fact by the courts 
invest itself with legislative power to denounce and suppress the 
domestic transaction which otherwise citizens of a State might 
rightfully engage in, protected and sustained by its laws. 

Each and botii of these prqpositions appear to me to be utterly 
untenable: indeed, distressingly subversive of all sound princi- 
ples of constitutional interpretation. 

The first commands first attention. And that there may be no 
chance for claim that I have overstated it, I read from his speech 
of last July— in which he submitted the supporting argument- 
some extracts to show that he maintains it in the full propor- 
tions. He argued, in correction, as he said, of the fact that- 
Some persons h:ive been misled as to the character of the amenflment I 
propose, because it is supposed by them that these dealings in futures in New 
Orleans and in New York really constitute internal and domestic commerce 
in New York and Louisiana, respectively, and that it is the object of the 
amendment to regul:ne this alleged commerce— 

Among other things, that — 

They are not commerce in a constitutional sense, tor there is no actual 
transfer of title to any property whatever. The contract is a mere personal 
contract to deliver at a future d.ay or pay damages. There is in the con- 
tract, nothing to give title to or Interest m property, and there is no transfer 
of the property contracted for to the alleged buyer— no transportation of the 
thing from seller to buyer. Without such transfer or transportation there 
Is no commerce. In Railroad Company vs. Husen, 93 XJ. S., pages 465-47d, 
it is said " transportation is essential to commerce."' 

As no title passes on these pretented sales, as the buyer gets nothmg but 
the obligation or promise of the seller to deliver, at his option, cotton as the 
seller may select of twelve different grades on .any day within a named 
mouth, and a margin is put up by either party as the cotton may rise or fall, 
It Is evident that the sole value of such a contract depends upon the reliabil- 
ity, the solvency of the seller. The buyer can never get the cotton imless the 
ae"ller Is willing to deliver and he can not get damages for nondelivery un- 
less the seller is willing and able to pay. 

lu all such cases the dealings are held not to be commerce in a constitu- 
tional sense. 

I read that not to controvert it, but to show that the propo- 
sition of the learned and able Senator extends to the suppression 
of transactions within a State which he holds are not interstate 
or foreign commerce in any part; not commerce at all. And 
next, to the second supposed error, he answered: 

A further conclusive answer to this view is that the amendment does not 
propose to regulate these dealings. The regulation proposed by the amend- 
ment is the regulation of interstate and foreign commerce in cotton, wheat, 
etc. What it does with these future dealings is to abolish them, to remove 
tbem. , „ 

This presents the question of the extent of the power of Congress to re- 
move obstructions to or restraints on interstate and foreign commerce. 

Thus the distinguished Senator made the purpose plain to 
abolish or remove any obstructive or restraining transactions 
carried on within a State by her citizens, although not in a 
proper constitutional sense the transactions of commerce, even 
domestic or internal. 



Nor can it be disputed that the reasoning proffered to us in 
support of this power necessarily extends it to such a compass 
that whatever thing, of any nature, may interfere with the cur- 
rent of interstate or foreign commerce as it would otherwise 
flow, or, more exactly, whatever Congress shall declare so in- 
terferes, may be prohibited and abolished by virtue of the power 
"to regulate" such commerce. 

And what is the course of reasoning adduced to the extraor- 
dinary proposition? The argument of the learned Senator is 
summary. He asserts, first, that Congress may remove physical 
obstructions from the navigable waters of the country; and this 
is well established by many decisions of the Supreme Court. I 
shall not dispute it, but only endeavor to explain its foundation 
and meaning by the language of the court. The case of The 
Daniel Ball, 10 Wall. 557 , which he cites, declares, on page 503-564 
of the report, the settled rule. When a navigable water, as a 
lake or river, is used, or susceptible of being used, in its ordinary 
condition as a highway of commerce, and forms in whole or in 
part, with connecting waters, "a continued highway over which 
commerce is or may be carried on with other States or foreign 
countries in the customary modes in which such commerce is 
conducted by water," it is a public navigable water of the United 
.States and subject to '• appropriate legislation " in the exercise 
of the commerce power of the Constitution. Upon which the 
court says: 

That power authorizes all appropriate legislation for the protection or ad- 
vancement of cither interstate or foreign commerce, and for that purpose 
such legislation as will insure the convenient and safe navigation of all the 
navigable waters of the United States, whether that legislation consists in 
reciuiring the removal of oustructlons to their use, in prescribing the form 
and size of vessels employed tipou them, or in subjecting the vessels to in- 
spection and license in order to secure their proper construction and equip- 
ment. "The power to reaulate commerce." this court said In Gilman !J«. 
Phil-.idelphia. 3 Wall. 734, ■comprehends the control for that purpose, and to 
the e-iient necessary, of all navigable waters of the United States which are 
accessible trom a State other than those in which they lie. For this purpose 
they are the public property of the nation, and subject to all the requisite 
legislation of Congress." 

Mr. BUTLER. Who delivered the opinion of the court? 

Mr. VILAS. Mr. Justice Field. 

Then the learned Senator adduces another authority in the 
following passage from his speech: 

In the case of the United States os. Coombs, 12 Peters, page 72 (13 Curtis. 
634). the com-t upheld a statute puuishing as larceny the taking of goods 
belonging to a wrecked vessel above high-water mark, not propertyincotir.se 
of transportation, but property belonging to the vessel. 

There is no occasion to question these authorities or the doc- 
trine they eu'.;nciate, which is doubtless sound, and is to me 
satisfactory. Uut it will be observed that both deal with nothing 
but the means and implements of interstate and foreign com- 
merce; the former with the water highways upon which it is 
borne, the latter with the vessels by which it is borne. 

Nothing more is decided than that over the navigable waters 
of the United States, being •' the public property of the nation," 
the Federal authority is paramount to State control, according 
to the original arrangement of the Constitution, and of course 
carries the power of appropriate legislation; and that it is for 
the Federal Government to denounce and punish that species of 
piracy, that outrage upon them who "go down to the sea in 
ships," which is known as wrecking. There is in them no pre- 
text of relation to anything which is not, in physical fact, par- 
cel of the transaction of interstate or foreign commerce, nor in- 
timation of an extension of the power of Congress to anything 
beyond, merely because it may be a potential subject of commerce, 
or indirectly concern what may become a transaction of such 
commerce. 

And so with the suggestion that this power of regulation ex- 
tends to acts done on land. Obviously this must be so, because 
both interstate and foreign commerce must be in part on land 
though the carriage be by water, and much of both may be wholly 
on land where the communication is not by water. Surely this 
requires no further attention. 

These plain considerations, as it seems to me, entirely strip 
the argument of all aid from any of the cases which the learned 
and able Senator from Mississippi adduced to the support of the 
collateral propositions, not in fact contributory to the true point, 
yet adduced in a maunerwhich seemed tobringthem into rela- 
tions with it as authorities upon which his proposition might rest. 

The theory of the proposed substitute thus stands out as an 
isolated and independent assertion of. constitutional power now 
for the first time bioiight before Congress as authority for legis- 
lation. Whatever else may be its merits or its faults, it is enti- 
tled to distinction for novelty and surely infringes upon no pre- 
conception of others. It is to be judged, therefore, by its own 
peculiar intrinsic weight and force. 

Let the further argument be stated in the exact words of its 
distinguished proponent: 

Now, as the power to remove obstructions to commerce is a part of the 
power to regulate commerce, being necessary and proper to enable Congi-ess 
to regulate commerce, It is clear that this removal of obstructions extends 



1893. 



CONGRESSIONAL RECORD— SENATE. 



477 



denounce as crimes the transactions of a large and hitherto re- 
spected body ol merchants and dealers in our land, and to stig- 
matize them as criminals? 

Besides, sir, let me add now, in support of my intended motion, 
that I can not regard the evidence before us sutficient to establish 
the fact sought to be so declared in law. Assume it to be true, 
if you will, that this system of dealing in futures dees operate to 
depreciate the price of the commodities in question. Docs it 
follow thereby that interstate and foreign trade in them is ob- 
structed? Generally speaking, the more the price of an article 
of common desire is lowered, the more extensive becomes its use 
and the more active the traffic in it. In what manner does that 
familiar rule find qualification in respect to these staples of hus- 
bandry which so largely feed and clothe mankind? No explana- 
tion has been vouchsafed us; and I doubt, in advance of it, if any 
be possible. 

The distinguished Senator complains that none but members 
are admitted to trade in the chambers of commerce and exchanges 
of the country. But does this rule, quite necessary to their ex- 
istence and atfairs. abridge the rights of other citizens to trade 
when and where they will with one another? And without de- 
bating the merits or the faults of these oi-ganizations, can anyone 
who turns a fair observation on the tremendous accomplishments 
of our modern system of business, which so quickly gathers every 
year the enormous products of our fields into the gigantic cur- 
rents of our commerce to flow out in distributing streams to the 
consumers of the civilized world; who saw a year ago a crop of 
600,000,000 bushels of wheat and 9,000,000 bales of cotton picked 
up in our country as by Titanian hands and spread before the 
eager wants of humanity more easily and swiftly than a third the 
quantity could be handled a generation ago, sincerely affirm that 
the commerce of the States, and with foreign countries, has been 
in truth obstructed and fettered by the usages of business during 
recent years? 

Mr. President, the grave and serious character of the proposed 
legislation, the learning and dignity of the minority of the ,fudi- 
ciary Committee who reported this substitute, the skill and force 
of the learned Senator who has been its champion, and the neces- 
sary requirments of debate upon any question of constitutional 
interpretation will sufficiently Justify me, I feel assured, in the 
protracted care with which I have sought to refute the claim of 
right to employ the power of the commerce clause for the pur- 
pose of this legislation. 

I am well aware that the mere discussion of a legal question 
can interest but few except those whose minds have been turned 
by the habits of their lives to it. But I have made the argu- 
ment with the conviction that, however short I may have come of 
demonstrating it, yet the power granted by thatclause is utterly 
inadequate to the enactment of the proposed substitute. 

And so, sir, I feel that both claims for authority in Congress to 
enact this law are utterly insupportable, and to do this tiling 
which is asked of us will be to attempt a violation of the Consti- 
tution, an encroachment upon the rights of the States and the 
liberties of our countrymen at the sacrifice of the fidelity and 
duty which not only my oath exacts of me, but every intelligent 
conviction, every sentiment of public responsibility compels me 
to observe as sacredly as a priest should minister at the altar of 
God. 

And now let me ask what necessity is upon us to do this deed ? 
We do not stand confronted by any dire exigency, imminent in 
evil menace, and otherwise remediless; such as sometimes has 
seemed to offer wan-ant to patriots for extreme and doubtful 
measures lest the Republic should take some detriment. Here 
is no unforeseen contingency unprovided for in the constitutional 
arrangement of the powers of government, no casus omissus in 
human forecast demanding extraordinary provision. So far from 
it, the power of the people to redress this evil, if evil it be, is 
ample, easy of exercise, in handy reach, much nearer to their 
use and wishes than wo are. 

No one can pretend to question the plenitude of right and 
power in the several State Legislatures to provide any measures, 
however vigorous, requisite to overmaster and correct any of 
the asserted injuries to the popular interests which it is pro- 
fessed inspire the promotion of this measure. We may bethink 
ourselves also of the fact— it ought to give check to our accept- 
ance ol the clamor so easily prepared to our ears— that in every 
State Legislature which assembles a large proportion of its mem- 
bership is directly composed of intelligent farmers, besides other 
men very closely acquainted with and representative of the agri- 
cultural interests. 

The Legislature of Illinois has but just convened. The Cham- 
ber of Commercj of Chicago, the largest grain market, I be- 
lieve, in the world, and surely the largest speculative market, 
is the creature of that Legislature. If it be the child of evil we 
hear it decried in this Chamber, the hand of its creator may be 
now laid upon it. If the cnamoers of commerce or boards of 



trade of St. Paul and Minneapolis are the guilty visitors of 
wrong upon the farmers of Minnesota which the distinguished 
Senator from that State may leave us to inter, in the former city 
the sovereignty of hisState is now assembled, clothed with plen- 
ary authority to suppress them. 

in these legislative bodies the intelligence of the farming 
class, as well as its interests and strength, are abundantly ex- 
emplified by men of character and ability from its own very 
ranks. In the Legislature of Wisconsin, which conferred upon 
me the honor of a seat in this illustrious assemblage, one- 
third of its members, roundly speaking, forty-three of its one 
hundred and thirty-three Senators and assemblymen, were farm- 
ers by occupation, able men, worthy and well qualified to know 
and declare the wants of agriculture and provide the i-emedies 
its interests might demand. What is there in the composition 
of this body to justify claim of a better knowledge of or render 
it more sensitive to the needs of husbandry tlian the Legisla- 
tures of the States? 

Sir, when the Legislature of a State recognizes the necessity 
of some measure of public importance which Ul's within the 
pov.er of Congress to make provision for, thei'e is an easy and 
familiar practice prevalent in the Union. They memorialize 
the legislature of the Federal sovereignty to take such step as 
they think prudent and requisite for the accomplishment of the 
ends they regard of public importance. Let us respect them as 
they respect us, and if, in the judgment of this body, in the State 
of Illinois, there is a great speculative grain market which 
ought to be attacked, let us deal with our fellow-sovereign, the 
State of Illinois in proper comity, and memorialize the body 
which possesses the power of that State to apply the proper 
remedy in the interests of the country. 

Will it not bo time enough, sir, for us to begin this violence 
upon the constitutional order of our Government when one State, 
at least, shall have sliown the necessity for it by the failure of 
its legislation well applied to the end? or, I might add. by the 
failure or refusal to respond by the attempt at proper legislation 
to 1 he rightful solicitations and representations of its sister States 
or of the Legislature of the Federal Union? 

The remedy now proposed is a most drastic and perilous one. 
No man, it seems to mo, can re fleet upon its possible effects with- 
out a shudder of apprehension from the inevitable derangement 
it must work in the business transactions of our country, from 
the consequences of injury it is liable to inflict, especially upon 
our husbandmen themselves. It is one of the many advantages 
of our system that such an experiment as this may bo tried by a 
sino-le Stale, and its merits thus tested, without the entail upon 
all the country of the misfortunesof failure, if failurcensue, with 
the example of benefit to all, if success attend. This has been 
signally illustrated in many things : perhajw in none more nota- 
bly than in the numerous reformations of the codes of law and 
practice which, by successive steps and many local failures, have 
now become almost universally accepted in some form by the 
several States. 

So has it been with our system of public education, our reforma- 
tories and penal institutions, the enfranchisement of women from 
social bond age. and other measures of social and business advance- 
ment. What is there in this alleged reform of business meth- 
ods to demand this sudden and revolutionary experiment, which 
may involve in its reckless adoption such evils to the entire body 
of our people? 

Sir. the history of civilization well instructs us there is noth- 
ing more perilous, nothing more fraught with harmful results 
than the hasty crystallization in immoderate public action of the 
impidses of popular misconceptions. It is the peculiar peril of 
republics, always prone to storms like the freedom of the sea. 
In anxious guard againstitthe wisdom of our fathers established 
our plan of dual sovereignties, in which the States ought to play 
so useful apart, like the many iron compartments of the modern 
ships that meet the storms of ocean with an assurance of security 
that has multiplied a thousand-fold its availability to trade and 
travel. Are we to overthrow all this upon such an occasion as 
is here presented? 

But, sir, grievous as will be the injury indicted by this law, 
if it shall become a law, upon the interests of business and es- 
pecially, perha]is, to our husbandmen, and harsh and bitter as 
mav be the visitation of such a condemnation upon those who 
have hitherto held high place in all the marts of trade in our 
o-reat cities, all these are as trifles in comparison with the i)enlol 
the step to be taken across the lines of constitutional duty this 
body is solemnly charged to defend. . v ii 

It may indeed be that this law you propose to enact shaU 
speedily flee from tlie statute book pursued by a popular rage 
far beyond what is misconceived to urge its passage. , . 

And while I do not undertake to declare any prophetic vision, 
nor to wield the thunderbolts of any class, I certainly invoke the 
attention of Senators in this Chamber to the fact that tlie bust- 



478 



CONGRESSIONAL RECORD— SENATE. 



Januaey K), 



ness interests of this country nave rested in satisfaction upon 
the belief that this law would never receive the indorsement of 
this body. If it shall happen that the result is contrary there 
may be awakened a spirit better worthy of consideration before 
it shall be stirred. 

But it done, the fatal precedent will have been set, the barrier 
thrown down, the open breach of the great trust reposed by the 
Constitution avowed and complete. 

Shall we be told that no real danger lurks in such a precedent? 
That its experiment, if harmful, will terminate with a repeal as 
easy as enactment? 

Sir, that constitutes no answer. Repeal is the remedy of bad 
legislation. No remedy is adequate to the jjerverse and pur- 
posed injury of the Constitution. The ijrecedent stands for in- 
vocation whenever anypov>-crful and menacing interest may seek 
iniquitous or illegal advantage; a lurking demon of disorder, 
ready to join in effectively when the cry of devils is raised 
ag'sinst our institutions and social order has most need of angelic 
friends. What better could illusti-ate the base utility of a bad 
precedent than this very debate? What could have lent more 
strength to this demand for misuse of the taxing power than the 
prviduction of one undeniable and successful instance of the like 
abuse by any preceding Congress? What has been more satis- 
factory than the clear and certain absence, which has been 
shown, of any such former evil doing? 

Let us assume, Mr. President, that this deed which is set to 
us may be successfully perpetrated ; that we may, declaring our 
purpose to impose a tax, put the millstone on the necks of the 
class of business for which this snare is devised ; that the Su- 
preme Court shall pull the blinding bandage down over the ju- 
dicial countenance to hide not less its mantling shame than its 
vision of the outraged Constitution, and. in deference to its co- 
ordinate member of the Government, shall declare this act to 
lay only a heavy tax, whose oppression it was alone for the Leg- 
islature to weigh, the power to tax being a power to destroy, 
even the Constitution itself. What then, sir, must be the sen- 
timents in the inmost hearts of all who do see what the court 
must refuse to see, who know that in real fact the breach is com- 
plete, the wall down, and the very citadel open to the worst ene- 
mies of liberty whenever they shall form for assault. 

I shall persume to speak for no other, but for myself I may say, 
with an intense sincerity, it will not comfort me that I vainly 
strove against it. All my reading of the historic records of man- 
kind vnll liut serve to portray to the mind the fearful pictures of 
the future in store for that great frame work of liberty which we 
■were taught in youth to love, in our years of manhood wo liave 
x'evered and obeyed, and in our days of highest trust and honor 
have solemnly sworn to support and 'defend. 

Sir, this is to me no mere contest of interests of a brief and 
temporai'y consequence; the ordinary struggle which maybe ex- 
pected to happen over one thing or another from Congress to 
Congress; which may leave its wounds, indeed, but upon men and 
things of the time only, to slip like all else which is of human 
individuality, into early oblivion. 

This measure involves far more. I have shown you, sir, by a 
careful review of others of supposed likeness, that it is without 
precedent, that it must grievously injure the rights of the peo- 
ple to their local self-government, that it is in nature insidious, 
treacherous and of far more peril than an open defiance of the 
Constitution, subject to judicial redress. 

It remains to add the harshest note of danger, that of bark- 
ening to a cry outside, which gives resolution when judgment 
hangs inclining the other way; that through these walls which 
ought to inclose a fearless and serene statesmanship the civium 
ardor prava jubcntium may come to ])enetrato , and so fiercely that 
the adamant of the Constitution melts before the fervent heat. 

If that day, the historic precursor of republican decay, and 
so often followed by the roar of the commune, be approaching, 
wlio can think it too much to attribute to this measure a vast 
importance, possibly far-i-eaohing and direful 1 

I can not but feel confident that evil day is not upon us, but 
that the exigency will be met here and now in this Chamber, 
and the friends of constitutional liberty will be numei'ous enough 
and strong- enough for the emergency which is upon them. 

Mr. MITCHELL. For my own information I should like to 
ask the Senator from Wisconsin a question at this time, if he has 
concluded his speech? Assuming that the Senator from Missis- 
sippi (Mr. Georg?:] is right in his contention, that the power to 
deal directly with this alleged evil exists by virtue of the clause 
in the Constitution which authorizes Congress to regulate com- 
merce with foreign nations and among the several States, and 
that the Senator from Wisconsin is wrong inirefereuce to that con- 
tention, would the Senator from Wisconsin then have any doubt 
as to the consfitutional power on the part of Congress to deal 
with that evil by invoking the taxing power? 

Mr. VILAS, 'if the power to do this thingexists in Congress 



under the commerce clause, it may be that the court would sup- 
port it as they supported the levy of the 50 cents a head upon 
passengers in the celebi-ated head-money cases, not as an exer- 
tion of the power to tax, but as an exertion of the right to regu- 
late commerce. But it would bo an abuse of the power, because 
it would be done, net as it was there, professedly in regulation 
of commerce, for that act was an act relating to immigration, 
but it would be done in abuse of the power, in covert conceal- 
ment of the true pui-pose. It seems to me that if the power 
were to be found to exist, the honest constitutional way is to ex- 
ert it in accordance with the nature of the power which is as- 
serted. 

Mr. MITCHELL. But I understood the Senator to argue at 
length and with great ability the other day that in cases where 
Congress had the power by virtue of some constitutional pro- 
vision to deal with any particular evil, then Congress had the 
I'ight to invoke the taxing power. 

Mr. VILAS. I think the Senator from Oregon must have mis- 
understood my argument. I argued that the instance, in which 
under the form of a tax a power had been exercised or exerted 
to sujjpress a certain line of transactions which Congress desired 
to interdict, was not supported by the court as an exercise of the 
power to tax but as the exertion of another power within the 
authority given by the Constitution to Congress. Therefore the 
court could not hold it unconstitutional although it took the 
form of a tax 

The PRESIDING OFFICER (Mr. Jones of Arkansas in the 
chair). The question is on the adoption of the amendment pro- 
posed by the Senator from Louisiana [Mr. White]. 

Mr. HARRIS. Let the amendment be read. 

The PRESIDING OFFICER. The amendment will bo stated. 

The Chief Clerk. At the end of section 2, strike out the 
proviso, the words to be striken out being as follows; 

Provided, hoifcver. That sucli contract or agreement shall not be made, 
settled lor by delivery or settlement of diHereuccs. of by any other mode of 
perlormance or settlement In or tipon any board ot trade, produce, cotton, 
merchants', or other exchange, or other commercial association, or in any 
place or upon any premises where price quotations of said articles arc an- 
nounced, bulletined, or published, nor be subjected to the rules or regulations 
of any such board, exchange, or other commercial association. 

The PRESIDING OFFICER. Upon this question the yeas 
and nays have been ordered. The Secretary will call the roll. 

The Seci'etary proceeded to call the roll. 

Mr. BUTLER (when his name was called). In am paired gen- 
erally with the Senator from Pennsylvania [Mr. CameronJ. I 
do not see that he is in the Chamber, and I therefore withhold 
my vote. 

Mr. DAWES (when his name was called). The Senator from 
Alabama [Mr. Morgan] being absent from the Chamber, I with- 
hold my vote. I am paired with him. 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. DolphJ, who is absent, but I 
understand in conference with some of his friends on the other 
side that when this qtiestion was up before he voted the same 
way that I would vote, and that is ■' nay."' I vot?. " nay." 

Mr. GORMAN (when his name was called). I am paired with 
the Senator from INIaine [Mr. Hale] on this amendment. Other- 
wise I should vote "yea," 

Mr. HAN.SBROUGH (when his name was called). I am paired 
with the Senator from Montana [Mr. Sanders] on this question. 
I have been advised that the Senator from Nevada [Mr. Jones], 
who is absent, desires to be paired in favor of this measure in 
all of its features. So I take the liberty of transferring my pair 
with the Senator from Montana to the Senator from Nevada, and 
I vote "nay." 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. Morrill]. Not knowing how 
he would vote upon this question, I withhold my vote. 

Mr. IRBY (when his name vpas called). I am paired with the 
Senator from New York [Mr. Hill]. If he were present I should 
vote " nav," 

The PRESIDING OFFICER (when the name of Mr. Jones 
of Arkansas was called). The occupant of the chair is paired 
with the Senator from New York [Mr. Hiscock], 

Mr. MCMILLAN (when his name was called). I am paired 
with the Senator from North Carolina [Mr. Vance]. I under- 
stand that he would vote against the amendment, and therefore 
I will vote, I vote " nay."' 

Mr. MANDERSON (when his name was called). I am paired 
with the Senator from Kentucky [Mr. Blackburn], but I am 
assu.red by the Senator in charge of the bill that he would vote 
"nay"' on this question, and I therefore vo'.o "naj-." 

Mr. PLATT (wlicn his name was called). My colleague [Mr. 
Hawley], who is absent from the Senate, requested me to jsair 
him as being in favor of the bill. I suppose that he would vote 
against the pending amendment, and I should vote for it. I will 
13air myself with my colleague. 



1893. 



CONGRESSIONAL RECOED— HOUSE. 



479 



Ml-. QUAY (when his name was called). I am paired gener- 
ally with the Senator from West Virginia [Mr. Faulkner]. Not 
knowing how he would vote upon this amendment, I withhold my 
vote. 

Mr. SAWYER (when his name was called). I am paired on 
the bill and amendments with the Senator from Minnesota [Mr. 
^>A^^s], and withhold my vote. 

Mr. STOCKBRIDGE ( when his name was called). I am paired 
with the Senator from Maryland [Mr. Gibson] for to-day on the 
bill, and therefore withhold my vote. 

Mr. WILSON (when his name was called). I have a general 
pair with the Senator from Georgia [Mr. Colquitt]. I am in- 
formed that If he were present he would vote against the adop- 
tion of the pending amendment. I therefore vote "nay." 

The roll call was concluded. 

Mr. GRAY (after having voted in the affirmative). I voted in- 
advertently, not observing that the Senator from Illinois [Mr. 
Cullom], with whom I have a general pair, is absent. I there- 
fore withdraw my vote. I do not know how ho would vote on 
the pending' amendment. 

Mr. GORMAN. I announced my pair with the Senator from 
Maine [M.:-. Hale]. Since then I have been requested to pair 
the Senator from Maine with the Senator from Rhode Island 
[Mr. Aldrich] and to vote. I therefore vote "yea." 

Mr. HANSBROUGH. I desire to announce that my colleague 
[Mr. Casey] is paired against this amendment with the Senator 
from Kentucky [Mr. Carlisle]. 

The result was announced — yeas 10, nays 21, as follows: 

YEAS— 10. 

White. 



Blodgett, 

Dixon, 

Gorman, 



Hunton, 

McPiierson, 

Mills, 



Mitchell, 
Palmer, 
VUas, 



Walthall, 

Washburn, 

Wilson. 



NAYS-21. 

Allison, Gallinger, Manderson. 

Call. George, Pasco. 

Cockrell, _^ Hansbrough. Petfer, 

Coke. Higglns, Pettlgrew, 

Dubois, 33 Kyle, Pugh, 

Frye, 03 McMillin, Teller, 

*" NOT VOTING— 56. 

Aldrich, "i^ Daniel, Hoar, Sanders, 

Allen, a< Davis, Irby, Sawyer, 

Bate, -ii, Dawes, Jones ol Ark. Sherman, 

Berry, ^D Dolph, Jones of Nev. Shoup, 

Blackburn,3 Faulkner, Kenna. Squire. 

Brice, C/3 Fellon, Morgan, Stanford, 

Butler, t_ Gibson, Morrill, Stewart, 

Cameron, o Gordon, Paddock, Stockbridge, 

Carev. •■ j" Gr.ay, Perkins, Turpie. 

Carlisle, Hale, Piatt, Vance, 

Casey, Harris, Power, Vest, 

Chandler, Hawley, Proctor, Voorhees, 

Colquitt, Hill, Quay, Warren, 

Cullom, Hiscock. Ransom, Wolcott. 

The PRESIDING OFFICER. No quorum having voted, the 

Secretary will call the roll. 

Mr. BUTLER. I move that the Senate adjom-n. 

Mr. HOAR. I wish the Senator would allow the roll to be 
called so that we may have a brief executive session. It will 
take only about three minutes. 

Mr. HARRIS. I beg leave to suggest to the Senator from 
Massachusetts that a roll call will not develop a quorum. 

Mr. HOAR. Oh, yes; it will. 

Mr. HARRIS. We may just as well adjourn. 

Mr. HOAR. A roll call will develop a quorum, I think. 

Mr. BUTLER. I insist on my motion. 

The PRESIDING OFFICER. The Senator from South Caro- 
lina moves that the Senate adjourn. 

The motion was agreed to, and (at 4 o'clock and 37 minutes p. 
m.) the Senate adjourned until to-morrow, Wednesday, .January 
U, 1893, at 12 o'clock m. 



HOUSE OF REPRESENTATIVES. 

Tuesday, January 10, 1893. 

[Calendar Day Janucu-y 9, 1S93.] 
The recess having expired, the House reassembled at 11:55 
a. m. 

order of BUSINESS. 

Mr. HEMPHILL. Mr. Speaker, I move that the House re- 
solve itself into Committee of the Whole on the state of the 
Union for further consideration of the bill ( H. R. 3591 ) in rela- 
tion to the Norfolk and Western Raili'oad, 

The motion was agreed to. 

The House g,ccordingly resolved itself into Committee of the 
Whole on the state of the Union, Mr. Dockery in the chair. 

The CHAIRMAN. The House is in Committee of the Whole 
for the further consideration of the bill (H. R. 3591) to authorize 



the Norfolk and Western Railroad Company of Virginia to ex- 
tend its line of road into and within the District of Columbia, 
and for other purposes. 

The pending question is on an amendment offered by the gen- 
tleman from Pennsylvania [Mr. Atkinson], upon which a vote 
was taken yesterday, when the gentleman from Pennsylvania 
made the point that no quorum had voted. 

Mr. HEMPHILL. Mr. Chairman, there is manifestly a quo- 
rum present, and I trust that the gentleman from Pennsylvania 
will withdraw the point. 

Mr. ATKINSON. I am not certain that there is manifestly 
a quorum in the House at* this time, but I do not care to insist 
upon another vote upon my amendment, and I therefore with- 
draw the point of no quorum. 

The CHAIRMAN. The point of no quorum being withdrawn, 
the noes have it, and the amendment is rejected. 

The Clerk read as follows: 

Sec. 7. That Congress shall have power to regulate the manner and speed 
of running the cars of said railroad within the corporate limits of Wash- 
ington and Georgetown. 

An amendment recommended by the committee striking out 
the word " Congress," in the first line of the section, and insert- 
ing " the Commissioners of the Districtof Columbia," was agreed 
to. 

The Clerk read as follows: 

Sec. 8. That where the line of the Norfolk .and Western Railroad Company 
or the route therefor as herein authorized shall coincide with or occupy any 
portion or portions of the route or rij^lit of way of any other railroad or 
transportation company or corporation holding from Congress a charter or 
atithority to construct a line of railroad, and such company or corporation 
has not, pursuant to such authority, actually graded its roadbed and laid its 
track.? along and over the whoU- of the said portion or portions of its ssid 
route, ready for the efflcient ojjeratlon of Its lino of railroad before the 1st 
day of March. 1893. then and in that event the Norfolk and Western Railroad 
Company is hereby authorized to acquire in the manner hereinbefore pro- 
vided the said portion or portions of the said route or right of way, to grade 
its roadbed and lay tracks alon.g and over the same, and to occupy the same 
for the operation of its line of railroad as hereinbefore proWded; but should 
the said company or corporation before the said date comi>lete. in a substan- 
tial manner, the grading of their roadbed and the laying of their lines of 
tracks ready for the eflicicnt transportation of steam-railroad passenger and 
freii;ht cars, then the Norfolk and Western Railroad Company, from the 
point where their tracks shall so coincide or connect with the tracks of the 
said company or corporation, shall use the sam3 upon the terms and condi- 
tions provided in the second section of this ,act to its own terminal point as 
hereinbefore prortded: I'rorided, however. That nothing in this section con- 
tained shall be so construed as to authorize the said railroad company to 
acquire or occupy any iiortion of the property ri.ghts or rights of way of the 
said Chesapeake and Ohio Canal Company e.KcIudod by Ihejirovlso to section 
1 of this act. without the consent of said company, its successors or assigna. 

The committee recommended an amendment in line 11, strik- 
ing out "ninety" and inserting "ninety-three;" which was 
agreed to. 

Thecommittee also recommended an amendment in line27, in- 
serting, after "Provided," the word "Iwwevcr;'' which was agreed 
to. 

Mr. COMPTON. Mr. Chairman, I desire to offer the amend- 
ment which I send to the desk. 

The amendment was read, as follows: 

strike out all after the word "company," In line 31 of section 8, to the end 
of the section, and substitute in lieu thereof the following: "Without the 
consent of the stockholders of said comp.any, or after condemnation pro- 
ceedings and projier compensation to said Chesapeake and Ohio Canal Com- 
pany. ' 

Mr. COMPTON. Mr. Chairman, the purpose and effect of this 
amendment, if adopted, will simply be to protect absolutely the 
rights of property of the Chesapeake and Ohio Canal Company. 
The provision for that purpose in this bill, on page 7, reads as 
follows : 

Prorided, That nothing in this' section contained shall be so construed as 
to authorize the said railroad company to acquire or occupy any portion of 
the property rights or rights of way of the said Chesapeake and Ohio Canal 
Company excluded by the proviso to section 1 of this act. 

The proviso in section 1 here referred to is as follows : 

Prmided, however. That nothing in this act shall be so construed as to au- 
thorize said company to acquire, occupy, or use any portion of the water 
way. bermbank, towpath. or slope of the bank sustaining the saldtowpath, 
or the lands covered by such slope. 

As far as this go^s, Mr. Chairman, it is altogether right, but 
it does not go far enough, for the reason that the canal company 
owns other property besides the particular things enumerated 
in the proviso of section 1 , and it seems to me that that company 
should be protected in all its rights of pro,;erty, no matter in 
what that property may consist. I presiim.,' gentlemen under- 
stand that the effect of the passage of this bill will be to give a 
through connection to the Baltimore and Ohio Railroad. 

Mr. MEREDITH. They could not use that club. 

Mr. COMPTON. That is all right. I am not here as an op- 
ponent of this bill. If it shall meet the approval of Congress I 
shall hail it and shall be glad of additional railr.xid facilities for 
this city, as 1 presume gentlemen generally will bo, because the 
people want all the railroad facilities thoy can obtnin, and as a 
rule it is only existing opposition companies that object to an 
increase of railroad facilities. The effect of my amendment, I 



480 



CONGRESSIONAL RECORD— HOUSE. 



Januaey 10, 



reiioat is simply and only to protect absolutely all the rights of 
mC.r'tv of "ie^Chesapeake and Ohio Canal Company. That 
cin is owned by the State of Maryland, the General Govern- 
S and prlvate^stockholders. The amendment provides that 
K'l roperty shall not be interfered with without the consent 
of the stockholders, or after proceedings by condemnation and 
proper compensation. It does seem to me, Mr. Chairman, that 
such a provision is preeminently right, just, and proper, and I 
hop 3 the friends of this bill will accept the amendment. 

Mr HEMPHILL. It the gentleman will consent to make it 
read '" without the consent of the majority of the stockholders," 
I shall not object. It would be practically impossible to get the 
consent of all the stockholders. I think the majority of the 
stockholders should have a right to act in this matter as m other 
analogous cases, and I trust the gentleman will agree to that 

modification. ,, „, . t ^t * „ 

Mr COMPTON. Of course, Mr. Chairman, I assume that a 
concession by a majority of the stockholders would be the act of 
the stockholdei'S. 

Mr HEMPHILL. Well, your amendment says "without the 
consent of the stockholders,'' which may mean all the stockhold- 
ers Now, why not agree to the modification I suggest.-" 

Mr COMPT'ON. I do not think it is necessary. 

Mr. HEMPHILL. Well, it it is not necessary it will not do 

any harm. . ^ , • -t „r 

Mr. COMPTON. The meaning is, consent of a majority ol 

the stock. . , ,1 ., 

A Member. Say ■' without the consent of the company.' 
Mr. COMPTON. No; I will not accept that. 
Mr. HEMPHILL. Let it read, " without the consent of a ma- 
ioritv of the stock of said comi)any."' , . ■ -, 

Mr COMPTON. One word before I accept that amendment. 
There is this technical objection to it. The stock of this com- 
pany is held, as I have said, in part by the Federal Government, 
in part by the Statj of Maryland, and in part by private stock- 
holders. , , , , , ., 

Now if we substitute "a majority of the stockholders, as sug- 
oosted by the gentleman, for the words I have put in the amend- 
ment, it might be that a majority of the individual stockholders, 
or a ma'o-ity of the private stockholders in interest m other 
corporations, might defeat the rights of the State of Maryland 
and the Genei-al Government. 

Mr HOPKINS of Illinois. Under the present reading of the 
proposed amendment, if there should b; a meeting of the stock- 
holders of the company and that meeting should determine^ m 
favor of the proposition, would not that be a compliance with 
the language of the amcudmentV 
Mr. COMPTON. I do not know whether it would be or not. 
Mr' HO L-'KINS of Illinois. I think it would. 
Mr. HEMPHILL. I believe the gentleman from Maryland 
and myself have the same idea; and I suggest that he make the 
amendment read " without the consent of the owners of a ma- 
jority of the stock." That will cover the point. 
Mr COMPTON. I think that will answer the purpose. 
Mr'. HE.MPHILL. It the gentleman will modify his amend- 
ment in that way I will assent to it. 

The CHAIRMAN. The Clerk will read tne amendment of 
the gentleman f lom Maryland as modified. 
The Clerk read as follows: 

strike out all after the word " company," in line 31, section 8, to tlie end of 
tHo section and substitute in lieu thereof the following: " Without consent 
of the owners of a majority of the stock of said company or after condemna- 
tion proceedings and proper compensation to said Chesapeake and Ohio 
Canal Company." 
The amendment as modified was agreed to. 
Mr. HOPKINS of Illinois. I move an amendment to come in 
after section 8. 
The Clerk read as follows: 



Provided further. That such damage as is contemplated m the proviso to 
section 1 shall be determined pursuant to the provisions of chapter 18 of the 
Revised Statutes of the District of Columbia relating to railroad companies, 
so f.ar as the same may be applicable thereto. 

Mr. HOPKINS of Illinois. I will say to the gentleman from 
South Carolina that the amendment adopted yesterday will bo 
ineffective unless some provision of this kind be adopted. 

Mr. WILLIAM A. STONE. The gentleman from New Jersey 
[Mr. IBergen] offered an amendment which would meet the case. 
I will not state positively that it was adopted. 

Mr. HOPKINS of Illinois. I understand there is no opposi- 
tion to my amendment. 

Mr. HE'MPHILL. It seems to me to be superfluous. 

Mr. HOPKINS of Illinois. I find on examination that the 
object sought by my amendment is accomplished by an amend- 
ment which was adopted yesterday. I therefore withdraw the 
amendment. , , ^ ., . ^ 

Mr WILLIAM A. STONE. I move to amend by striking out 
the word ••thre-s" in line 12, page 7, and inserting "four;" so 



as to read "1891" instead of "189.3." Perhaps the gentleman 
from South Carolina will assent to this amendment. 
Mr. HEMPHILL. I believe I have no objection to it. 
The CHAIRMAN. Without objection the amendment of- 
fered by the gentleman from Pennsylvania [Mr. Will,i.\m A. 
Stone I will bo considered as agreed to. 

Mr. HEMPHILL. Wait one moment. This company is re- 
quired to commence the construction of its road within one year 
and complete it within two. The amendment suggested by the 
gentleman from Pennsylvania will give the company that has 
already been chartered some two years ago— the Dock and 
Baro-e Company— until 1894, to lay down the tracks it is author- 
izea°to lay down. That will prevent this company from doing 
anything toward acquiring that property until 1894, which I 
think is rather too long a time. . 

Mr. WILLIAM A. STONE. They only have to begin the 
work within a year: they do not have to complete it. 

Mr. OUTHWAITE. But they have to complete it within two 
years. , . , . , 

Mr. WILLIAM A. STONE. We give them a year in which 
to beo-in it; and if they are preventea from completing it by any 
action of the company already there, all they have to do is to 
show a bona fide effort to complete it within the time required, 
and thev can th-m complete it after the expiration of the time. 
Mr. HEMPHILL. What is the object of the gentleman in 
oft'ering the amendment? 

Mr. WILLIAM A. STONE. The bill in its present form is 
practically a confiscation of any rights that any other company 
may have there. I simply propose to give them time to carry 
out the work for v/hich the company was formed. 

Mr. HEMPHILL. Suppose we say October, 1893, instead of 
March, 1894. That will give ample time. 

Mr. WILLIAM A. STONE. Very well; let my amendment 
be modified in accordance with the suggestion of the gentleman 
from South Carolina. 

The amendment of Mr. WILLIAM A. Stone as modified was 
read, as follows: 

lu line 11, page 7, strike out the word " March " and insert the word •• Octo- 
ber;" so as to read •■ 1st day of October, 1893." 
The amendment was agreed to. , ,. ,. 

Mr. BUCHANAN of New Jersey. I offer an aniendment to 
come in as a new section between section 8 and section 9. 
The Clerk read as follows: 

SEC 9 That the Attorney -General of the United States shall forthwith ap- 
ply totlie judges of the supreme court of the District of Columbia to assess 
thl value of the rights, franchises, and privileges hereby granted ^n^ until 
the amount so assessed shall be paid into the Treasury of V^'v^Umted t^.ates, 
no street in the cities of Washington or Georgetown shall be taken, used, 
oros ed, or otherwise occupied by said company. 

Mr. BUCHANAN of New Jersey. Mr. Chairman, I have 
drawn this amendment and present it now b jcause I believe it 
should be embodied in this bill. I believe that it should also be 
embodied iu the franchise of every corporation asking for the 
privilege of occupying the streets of any of the cities of the 
United States. ., ., , , 

Mr. OUTHWAITE. How about the railroads already occu- 
pyin<^ the streets here; do vou wish to embody them? 

■ Mr BUCHANAN of New Jersey. The provision should have 
been in their charters in the first instance. The franchises in 
those cases have already been gr.xnte 1. The mischief is done. 
Mr OUTHWAITE. Will vou put it in now? 
Mr' BUCHANAN of New .lersev. The gentleman knows that 
could not be done on this bill. It would not be germane. It 
would be general legislation on a special or private bill. 

Mr OUTHWAITE. It can go into the law that they shall be 
co'mi)elled to Cijmply with a general provision such as that you 
propose here, and that their property shall be paid tor upon the 
same terms. You can assess what they are holding now of the 

public property. . , , ,, , 

Mr BUCHANAN of New Jersey. And the gentleman knows 
that such a provision would be subject to the point of order. It 
would not be germane. . . . , 

Mr. OUTHWAITE. Nobody is going to make the point of 
order on this side. ^ . ^. , .,, 

Mr BUCHANAN of New Jersey. It is not in accordance with 
the practice heretofore. I repeat it would not be germane. 
But does the gentleman from Ohio say that that provision should 
be in this bill? ,, ., ... ... 

Mr OUTHWAITE. I will offer it myself it you will accept it. 

Mr BUCHANAN of New Jersey. I ask the gentleman again, 
does he say that restriction should bj put upou the other com- 
panies? [After a pause.] Silence gives consent; and if so why 
not apply it now, when we are framing a bill tor the benefit of 
this company. As to this company we are now in a parliamen- 
tary position to act. 

Mr. Chairman, this company is taking advantage of the tinrest 
and discontent which exist in this city as to the limited railroad 



189^ 



CONGRESSIONAL RECORD— HOUSE. 



499 



and the selection of committees, tliat we shall be brought here 
within sixty days after our election. 

The Senate, Mr. Speaker, is more in touch with the people of 
this country than the House of Representatives; and why? Be- 
cause one-third of their members go out and their successors are 
elected by their resijectiveLegislatui-eSjand they comchei-o and 
ai'e kept in session for special purposes, whereas the House does 
not meet until thirteen months after its members have been 
chosen by the people to represent them. 

Suppose that the election of the President had devolved upon 
the last Congress, when the g-entleman from Maiuo [ISIr. Rekd] 
was reputed to have counted umbrellas and walking canes, what 
chance would the Democratic party have had for the election of 
a President? None, whatever. Now, I say, "Mr. Chairman, that 
this House ought not to ba for nine months without a Speaker, 
as ii is under existing conditions. I say that the men who are 
elected in November ought to be here within sixty days after 
their election, at their post of duty, responding to the wUl of 
the people expressed at the polls. 

I say that it was wrong for the Mills Congress to be in session 
at the short session for three months, legislating for the people 
after that bill had been repudiated. I say with equal force, be- 
cause it is not partisan, that the Republican Congress ought not 
to have been in session for three months after the JNIoKinley bill 
had been repudiated. The will of the people was thwai-tod. The 
representatives of the people felt that they had been repudiated: 
and nobody will deny the statement that a man who has been 
beaten by his people at the polls is not as efficient a representa- 
tive as when he came hei'e with a majority in his favor. 

This measure may be beaten. I am not wedded to it, as I told 
gentlemen on the other side. I do think there ought to be a 
remedy for the evils of which the people, through the press, 
complain. I do not think that those evils can be remedied by 
legislative enactment. I am fortified in tho presentation of this 
case from a legal standpoint by Attorneys-General of the United 
States. I am fortified by the statement of the Committee on 
the Judiciary, and I have the pleasure to say that I have at my 
back in tho presentation of this amendment the distinguished 
gentleman from Maine, who represents tho opposition to this 
matter. Having stated these facts and the principles which are 
necessarily evolved by them, I yield, of course, to the will of the 
House. 

Mr. CHIPM AN. Mr. Speaker, I now renew my motion for the 
previous question on the third reading of the joint resolution. 

The previous question was ordered. 

The SPEAKER. The question now is on the third reading of 
the joint resolution. 

The question was taken; and the Speaker announced that the 
noes seemed to have it. 

Mr. SPRINGER. I would suggest to gentlemen on the other 
side that they allow the previous question to be ordered on the 
adoption of tliis resolution, and then wo can adjourn, and to-mor- 
row, when the House is full, it can take action. 

Mr. COCKRAN. Take the yeas and nays now, there is a 
quorum present. 

Mr. CHIP.MAN. I demand a division. 

The Hou.se divided; and there were — ayes 33, noes 8(3. 

Mr. CHIPMAN. I ask for the yeas and nays. 

The yeas and nays were ordered. 

The question was taken; and there were — yeas 49, nays 128, 
not voting 152; as follows: 

YEAS— 19. 



Beeman, 


Daniell, 


Lagan, 


Stout. 


Boatner, 


De Armond, 


Long, 


Taylor, HI. 


Boutelle, 


Donovan, 


Mallory, 


Tucker, 


BTovra, Md. 


Durborow, 


McGanu, 


Warner. 


Bryan, 


EUlott, 


McKaig, 


Weadock, 


Biisey, 


Everett, 


M.Laurln, 


Whit*, 


BushneU, 


Gantz, 


McRae, 


Wike, 


Butler, 


Geary, 


Moore, 


Willcox, 


Ciupman, 


Hare, 


Moses, 


Winn, 


Clarke, Ala. 


Hayes, Iowa 


Scott, 


Youmana. 


Ctoolidge, 


Hooker, Miss. 


Smith, 




Covert, 


Houk, Ohio 


Springer, 




Grain, 


Jones, 


Stone, Ky. 






NAYS-128. 




Alexander, 


Broderick, 


Cobb, Ala. 


English, 


Allen, 


BrooksMre, 


Coburn, 


Geissenhainer, 


Andrew, 


Brosius, 


Cockran, 


Grady. 


Antony, 


BriTwn, Ind. 


Coombs, 


Greenleat, 


Atkinson, 


Brunner, 


Cox, Teua. 


Hall, 


BabWtt, 


Buchanan, N. J. 


Crawford, 


Hallowell, 


Bailey, 


Buchanan, Va. 


Crosby, 


Halvorson, 


Baker, 


Burrows, 


Cummings, 


Harries, 


Bartine, 


Byniun, 


Curtis, 


Henderson, 111 


Barwlg, 


Cadmus, 


Cutting, 


Herbert, 


Beltzhoover, 


Camlnetti, 


Dickerson, 


Hitt. 


Bergen, 


Castle, 


Dinsley, 


Hoar. 


Bloimt, 


Catcbings, 


Dockery, ' 


Holman, 


Brsmcli, 


Cate, 


DoUiver, 


Hopkins, 111. 


Breckinridge 


Ark. Clancy, 


Dunphy, 


Houk, Teun. 


Bretz, 


Clark, Wyo. 


Edmunds, 


Hun, 



JoUey, 


Meredith, 


Peel. 


Stockdale, 


Kem, 


Meyer, 


Pendleton, 


Stone, W. A. 


Kendall, 


MlUer, 


Perkins, 


Taylor, Tenn, 


Kribbs, 


Montgomei-y, 


Post, 


Taylor, J. D. 


Kyle. 


Gates. 


l?av. 


Terry, 


Lant\ 


0-l''errall. 


Heed, 


Tillman, 


Laph.am, 


O'Xelll.Pa. 


Keilly, 


Tracer, 


Lawson, Va. 


Otis, 


Reyburn, 


Turner, 


Lester, Ga. 


Outlnvalto. 


Richardson. 


Walker, 


H\-ingslon, 


Page, 


Robertson, La. 


Watson, 


Loud, 


Parrttt, 


Russell, 


Wheeler, Ala. 


Magner, 


Patterson, Tena. 


Seerley, 


Williams, Mass. 


Martin, 


Patton, 


Shell, 


Williams, 111. 


Mc.Vlocr, 


Payne, 


Shlvely, 


Wilson, Ky. 
Wil.son.W.Va. 


McCre.iry, 


Paynter, 


Sperry, 


McMiUin, 


Pearson. 


Stewart, Tex. 


Wise. 




NOT VOTIN'G-153 




Abbott, 


De Forest, 


Johnson, N. Dak. 


Rayner. 


Aldersou. 


DLxon, 


Johnson, Ohio 


Rile, 


Amcrman, 


Doan. 


Johnstone, S. C. 


Robinson, Pa. 


Arnold, 


Dimgan, 


Ketcham, 


Rockwell, 


Bacon. 


Ellis, 


Kllgore, 


Rusk, 


UanUhead, 


Enloe, 


Lanham, 


Santord, 


Belden, 


Enochs, 


Lawson, Ga. 


Sayers, 


Belknap, 


Epes, 


Layton. 


Scull. 


lientley, 


Fellows, 


Lester, Va. 


Shonk, 


Bin'.rham, 


Fitch, 


Lewis, 


.Simpson, 


Blauchard, 


Flthlan, 


Llnd, 


S1))C. 


HUaud, 


Flick. 


Little, 


Snod grass. 


Bowers, 


Fomian, 


Lockwood, 


Snow, 


Bomuan, 


Forney, 


Lodge, 


Siahluecker, 


Brawley, 


Fowler, 


Lynch, 


Stephenson, 


Breckini'idge, Ky 


Funston, 


Mansur, 


Stevens, 


Brickner, 


Fyan. 


McClellan, 


Steward, 111. 


Bullock, 


Gillespie, 


McKelghao, 


Stone, C.W. 


Bunn. 


Goodnight, 


McKimiey, 


Storer, 


Bimting, 


Goi-man, 


MllUken, 


Stump, 


Byrns, 


Griswold, 


Mitchell, 


Sweet, 


Cable, 


Grout, 


Morse, 


Tarsney, 


Caldwell, 


Hamilton, 


Mutchler, 


Taylor, E. B. 


Campbell, 


Harmer, 


Newberry, 


Taylor, V. A 


Capchart, 


Ilartcr, 


Norton, 


TowTisend, 


t'aruth. 


Hatch, 


O'Donnell, 


Turpln, 


Cau.sey, 


Haugen, 


Ohllgor. 


Viin Horn, 


Cheatham, 


liayues, Ohio 


O'Neil, Masa 


WadswortU, 


Clover, 


Heard, 


O'NeUl, Mo. 


Washington, 


Cobb, Mo. 


HemoblU, 


Owens, 


Waugh. 


Cogswell, 


Henderson, Iowa 


Pattlson, Ohio 


Wever, 


Compton, 


Henderson, N. C. 


Plckler, 


Wheeler, Mich. 


Cooper, 


Hermann, 


Pierce, 


Whiting, 


Cowles. 


Hilborn, 


Powers, 


WIlUam'i.N.a 


Cox.N.Y. 


Hooker, N. Y. 


Price, 


Wilson, Wash. 


Culberson, 


Hopkins, Pa. 


Quackenbush, 


Wilson. Mo. 


Dalzell, 


Hull, 


Raines. 


Wolvertou, 


Davis, 


Johnson, Ind. 


Randall, 


Wright. 



So the House refused to order the joint resolution to a third 
reading. 

The following pairs were announced: 

Until further notice: 

Mr. Forney with Mr. Belden. 

Mr. Whiting with Mr. SwEET. 

Mr. Campbell with Mr. Johnson of North Dakota. 

Mr. Blanchard with Mr. Doan. 

Mr. Heard with IMr. Wever. 

Mr. Hatch with Mr. Harmer. 

Mr. Washington with Mr. Sanford. 

Mr. Goodnight with Mr. Ketcham. 

Tho following were announced as paired for this day: 

Mr. Snodgrass with Mr. Scull. 

Mr. Causey with I\Ir. Randall. 

Mr. Owens with Mr. AIilliken. 

Mr. Abbott with Mr. Pickler. 

Mr. Tarsney with Mr. Quackenbush. 

Mr. TuRPiN with Mr. Griswold. 

Mr. Bland with Mr. Bingham. 

Mr. Lanh.\M witli Mr. Hopkins of Pennsylvania. 

Mr. O'Neil of JSiassachusetts with Mr. Lodge. 

Mr. Arnold with Mr. O'Do.nnell. 

Mr. Henderson of North Carolina with Mr. Storer. 

Mr. Alderson with Mr. MoRSE. 

Mr. Mitchell with Mr. Rife. 

Mr. Caruth with Mr. Vincent A. Taylor. 

Mr. Enloe with Mr. Townsend. 

Mr. Sayers with Mr. Grout. 

The following as paired for the rest of this day: 

Mr. BowiLA.N with Mr. Hull. 

Mr. Livingston with Mr. Henderson of Iowa. 

Mr. AIansur with Mr. Bingham, for two days. 

The result of the vote was then announced as above recorded. 
message from the senate. 

A message from the Senate, by Mr. McCooK, its Secretary, 
announced that the Senate had passed bills of tho following titles; 
in which the concurrence of tho House was i-equestod: 

A bill (S. 3.501) for the relief of Joslah Pickett; and 

A bill (S. 3649) tor tho relief of William J. Carnell and Joseph 
ISI. Carnell. 

enrolled bills signed. 

Mr. OHLIGER, from the Committee on Enrolled Bills, ro- 



500 



CONGRESSIONAL RECORD— HOUSE. 



jAinJAB^ 10, 



ported that th<^y had examined aud found truly enrolled bills of 
the following titles; when the Speaker signed the same: _ 

A hill (S.118) for the relief of the estate of Isaac W. Talking- 
ton, decoased: aud 

A bill IS.;!(i:23) to amend tha act of March 3, 1873, for the re- 
lief of the Columbian University, in the District of Columbia. 

KEPRINT OF A BILL. 

On motion of Mr. PEEL, by unanimous consent, an order was 
made for the reprint of the bill (H. R. 9190) to ratify and confirm 
an agreement with the Cherokee Indians of the Indian Terri- 
tory, etc. 

SATURDAY HALF-HOLIDAY IN THE DISTRICT OF COLUMBIA. 

!^:AKER laid before the House a Senate joint resolu- 
tion (S. K. i:iO) to amend an act entitled "An act to make Saturday 
a half-holiday for banking and trust companies in the District 
of Columbia;'' which was referred to the Committae on the Dis- 
trict of Columbia. 

ELECTION OF PRESIDENT, VICE-PRESIDENT, AND REPRESENTA- 
TIVES. 

Mr. COCKRAN moved to reconsider the vote by which the 
House had refused to order the joint resolution (H. Res. 98) to 
a third reading; and also moved that the motion to reconsider 
be laid on the table. 

The latter motion was agreed to. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 
To Ml-. WOLVERTON, on account of important business. 
To Mr. BLAND, for to-day, on account of sickness. 
The House then, on motion of Mr. Springer (at 5 o clock and 
24 minutes p. m.), adjourned. 



REPORTS OF COMMITTEES. 
Under clause 2 of Rule XIII, Mr. PAGE, from the Committee 
on Claims, reported the bill (S. 730) for the relief of H. W. Ship- 
ley (Report No. 2215), which was delivered to the Clerk's desk, 
ordered to be printed, and referred to the Committee of the 
Whole House. 

BILLS, MEMORIALS, AND RESOLUTIONS. 
Under clause 3 of Rule XXII, bills and resolutions of the fol- 
lowing titles were introduced and severally referred as follows: 

By Mr. BARTINE: A bill (H. R. 10115) to provide a battery of 
modern field guns for the Nevada National Guard— to the Com- 
mittee on Military Affairs. . 

By Mr. STORER: A bill (H. R. 10116) to amend an act ent^itled 
"An act to ivgulate commerce," approved February 4, 1887 — to 
the Committee on Interstate and Foreign Commerce. 

By Mr. BRYAN: A bill (H. K. 10117) to amend "An act author- 
izin"- the construction of a railway, street railway, motor, wagon, 
and°pedestrian bridge over the Missouri River near Council 
Bluffs, Iowa, and Omaha, Nebr., and to extand the time for the 
completion of the bridge therein provided for"— to the Commit- 
tee on Interstate and Foreign Commerce. 

By Mr. BACON: A bill (H. R. 10118) to amend section 5209 of 
the Revised Statutes— to the Committee on Banking and Cur- 
rency. 

By Mr. ENOCHS: A joint reiolution (H. Res. 184) to print 
250,000 copies of the special report of the Bureau of Animal In- 
dustry on diseases of cattle and on cattle feeding— to the Com- 
mittee on Printing. 

Also, a joint resolution (H. Res. 185) to print 100,000 additional 
copies of the special report of the Agricultural Department on 
the diseases of the horse— to the Committee on Printing. 

By Mr. BROSIUS: A resolution to amend Rule XLI of the 
House — to the Committee on Rules. 

By Mr. DUNPHY: To investigate why War Department re- 
fuses to grant m !dals of honor to those who, during rebellion, 
served in Army of United States as actiug assistant surgeons— to 
the Committee on Military Affairs. 

By Mr. T\IILLER: A resolution in relation to laboi — to the 
Committee on Labor. 

By Mr. STOUT; A resolution calling upon the Secretary of 
the Interior for information as to the opening of a portion of the 
Navajoe Indian Reservation in Utah— to the Committee on the 
Public Lands. 

' PRIVATE BILLS, ETC. 

Under clause 1 of Rule XXII, private bills of the following 
titles were presented and referred as indicated below: 

By Mr. BROOKSHIRE: A bill (H. R. 10119) to pension Lem- 
uel M. Walker— to the Committee on Invalid Pensions. 



By Mr. BINGHAM: A bill (H. R. 10120) for the relief of Brig. 
Gen. John R. Brooke, United States Army— to the Committee 
on Military Affairs. 

By Mr. BOATNER: A bill (H.R. 10121) lor the relief of the 
estate of Samuel Richardson, deceased, late of East Carroll Par- 
ish, La. — to the Committee on War Claims. 

Also, abill(H.R.10122)forthereliefof J. S.Douglass, deceased, 
late of Tensas Parish, La.— to the Committee on War Claims. 

By Mr. CLANCY: A bill (H.R. 10123) for the relief of Ellen 
Fitzgerald— to the Committee on Invalid Pensions. 

By Mr. CATCHINGS: A bill (H. R. 10121) for the relief of the 
estate of Madison Stephenson, deceased, late of Warren County, 
Miss. — to the Committee on War Claims. 

By Mr. HOLMAN : A bill (H. R. 10125) granting a pension to 
James Theodore Walker— to the Committee on Invalid Pensions. 

Also, a bill (H. R. 10126) granting a pension to Laura M. 
Cheek— to the Committee on Invalid Pensions. 

By Mr. KYLE : A bill (H. R. 10127) for the relief of the es- 
tate of Alice Hardaway— to the Committee on War Claims. 

By Mr. KENDALL"; A bill(H. R. 10128) removing the charge 
of desertion from John Ward— to the Committee on Military 
Affairs. 

Also, a bill (H. R. 10129) removing the charge of desertion 
from the record of James P. Prowitt— to the Committee on Mili- 
tary Affairs. 

By Mr. LODGE: A bill (H. R. 10130) to relieve Charles M. Shat- 
tuck of the charge of desertion— to the Committee on Military 
Affairs. 

By Mr. LONG: Abill (H. R. 10131)for the relief of C. P. Gooch— 
to the Committee on Claims. 

By Mr. BARRETT (by request): A bill (H.R. 10132) to cor- 
rect the military record of Henry S. Scull— to the Committee on 
Military Affairs. 

By Mr. REED: A bill (H.R. 10133) to grant a pension to Helen 
C. Goodwin, widow of Andrew J. Harmon— to the Committee on 
Invalid Pensions. 

Also, a bill ^H. R. 10134) granting a pension to Lucina H. 
Harmon — to the Committee on Invalid Pensions. 

By Mr. SNODGRASS (by request): A bill (H. R. 101.35) for 
the reliaf of Slater and William Cowart, of Hamilton County, 
Tenn. — to the Committee on Claims. 

By Mr. JOSEPH D.TAYLOR: Abill (H. R. 101 36) granting 
an honorable discharge to John Benson— to the Committee on 
Military Affairs. 

Also, a bill (H. R. 10137) granting a pension to Elizabeth 
Parry — to the Committee on Pensions. 

By Mr. WHEELER of Alabama: A bill (H. R. 10138) for the 
relief of Francis Wilkes, of Lauderdale County, Ala.— to the 
Committee on War Claims. 

Also, a bill (H. R. 10139) for the relief of the estate of .fosiah 
.Jackson, of Lauderdale County, Ala.— to the Committee on War 
Claims. 

Also, a bill (H. R. 10140) for the relief of the estate of Alexan- 
der P. Perryman, deceased, late of Landerdale County, Ala. — 
to the Committee on War Claims. 

Also, abill (H. R. 10141) for the relief of the estate of William D. 
Humphrey, deceased, late of Madison County, Ala.— to the Com- 
mittee on War Claims. 

Also, a bill (H. R. 10142) for the relief of Calvin S. Hill, of 
Lauderdale County, Ala.— to the Committee on War Claims. 



PETITIONS, ETC. 

Under clause 1 of Rule XXII, the following petitions and pa- 
pers were laid on the Clerk's desk and referred as follows: 

By Mr. ANDREW: Petition of Robert G. Ingersoll, the ex- 
ecutive committee of the Evangelical Alliance, the Hon. Abram 
S. Hewitt, the Rev. John P. P. Peters, the Rev. A. S. Kava- 
nagh, the Rev. F. Hamlin, the Rev. J. Wesley Johnston, the Rev. 
H.°Baumann, the Rev. David H. Greer, the Rev. R. S. MacAr- 
thur, the Rev. Thomas B. Hughes, and other organizations and 
citizens, for the repeal of an act to prohibit the coming of 
Chinese persons into the United States, excepting the first sec- 
tion—to the Committee on Foreign Affairs. 

Also, petition of Charles J. Roberts, president Boston Fruit 
and Produce Exchange: P. O. White, president Boston Retail 
Grocers' Association; F. L. Young, president Oil Trade Associa- 
tion of Boston: Chadwick Lead Works, George O. Carpenter, 
New Eniiland Paint and Oil Club, Boston Merchants' Associa- 
tion, all of Boston, Mass.: C.B. Adams and C. B. Coburn, Lowell, 
Mass.; II. E. Smith & Co., of Worcester, Mass.; The J. M. 
Moore Company, of Cincinnati, Ohio; German-American Na- 
tional Bank, H. S. Hill, E. C. Hewlett, of Peoria, 111.; Detroit 
White Lead Works, of Detroit, Mich.: Buckeye Paint and Var- 



1893. 



CONGEESSIONAL EECOKD— SENATE. 



519 



IMr. VILAS presented a memorial of the union meeting for 
national thanksgiving-, held at Lodi, Wis., November 24, 1892, 
remonstrating; against the repeal of the jircsont law closing- the 
World's Columbian Exposition on Sunday, and thanking Con- 
gress for its passage; which was referred to the Committo on 
the Quadro-Centennial (Select). 

Mr. VEST presented a memorial of the Merchants' Exchange 
of St. Louis, Mo., remonstrating against the passage of the 
Washburn-Hatch antioption bill; ■whioh was ordered to lie on 
the table. 

Ho also presented a petition of the Merchants' Exchange of 
St. Louis, Mo., praying for the passage of legislation providing 
for the purchase of the Cherokee Strip and the opening of the 
land to settlement; which was ordered to lie on the table. 

Mr. COCKRELL presented memorials of J. P. FuUerton, of 
Pleasant Hope; of Rev. A. L. Gridloy, of Kidder; of Rev. R. W. 
Ely, of Neosho: of members of Benton family, of Lexington; of 
Rev. Prank Russell, of Center View; of Rev. J. N. Huggins, of 
Springfield; of Rev. Edgar A. Hamilton, of Springfield; of Rev. 
John P. Trijjlett, of Clayton: of M. Reed and other citizens of 
Center View, and of Rev. P. J. Leavitt, of Springfield, all in the 
State of Missouri, remonstrating against the repeal of the law 
closing the World's Columbian Exposition on Sunday; which were 
referred to the Committee on the Quadro-Centennial (Select). 

Mr. COCKRELL. I present a petition of the Merchants' Ex- 
change of St. Louis, Mo., praying for the passage of legislation 
providing for the purchase of the claim of the Cherokee Nation 
to the Cherokee Strip. This petition is similar to the one pre- 
sented by my colleague [Mr. Vest]. I believe that the bill has 
already been reported from the Committee on Indian Aft'airs, 
and is now upon the Calendar, and I hope that the Committee 
on Indian Affairs will press the consideration of the bill at no 
distant day. 

Ivlr. DAWES. I will state to the Senator from Missouri that 
the bill in reference to the Cherokee Outlet is in charge of the 
Senator from Connecticut [Mr. Platt], and I know he and the 
Senator from Kansas [Mr. Perkins] will engage the attention 
of the Senate upon the bill at the earliest possible moment. 

The VICE-PRESIDENT. The petition will lie on the table. 

Mr. WOLCOTT presented a petition of the Denver (Colo.) 
Chamber of Commerce and Board of Trade, praying for a na- 
tional quarantine system: which was ordered to lie on the table. 

He also presented a petition of the Denver (Colo.) Chamber of 
Commerce and Board of Trade, praying for the passage of 1 'gis- 
lation encouraging an interchange of trade between the United 
States and foreign countries; -which was referred to the Commit- 
tee on Finance. 

Ho also presented a petition of the Denver (Colo.) Chamber of 
Commerce and Board of Trade, praying that the city of Denver, 
Colo., be selected as the headquarters of the Military Depart- 
ment of the West; which was referred to the Committee on Mili- 
tary Affairs. 

He also presented the petition of J. W. McCJuUah and 19 other 
citizens of Delta County, Colo., praying for the appointment of 
a Senate committee to investigate tiae combine formed to depre- 
ciate the price of grain, and asking for the postponement of the 
Washburn-Hatch antioption bill until such committee shall re- 
port; which was referred to the Committee on Agriculture and 
Forestry. 

Mr. JONES of Arkansas presented the petition of Mi\s. E. L. 
Eblon, formerly Mrs. E. L. McElrath, of Tahlequah, Ind. T., 
praying for the passage of legislation authorizing the payment 
of the sum of $22,400 to her for the possession and use by the 
United States Army during the late rebellion of certain mill 
property located in Tennessee; which was referred to the Com- 
mittee on Claims. 

He also presented the petition of Prances E. Gale and J. S. 
Blackford, administratrix and administrator, respectively, of the 
estate of Capt. Charles Willey, deceased of San Francisco, Cal., 
praying for the passage of legislation authorizing the payment to 
them as the legal representatives of the deceased, the sum of 
$45,000, the same being the value of four vessels which were 
seized by the Federal Government during the war of the rebel- 
lion; which was referred to the Committee on Claims. 

Mr. KYLE presented a memorial of the pastor and 140 mem- 
bers of the Baptist Church of Mitchell, S. Dak., remonstrating 
against the opening of the World's Columbian ExpositiTin on 
Sunday; which was referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. PROCTOR presented a petition of tlie Board of Trade of 
Rutland, Vt., praying for the establishment of a national road 
department or the p.'issage of such other legislation as will tend 
to promote the building and maintaining of improved highways 
in the United States; which was referred to the Committee on 
Interstate Commerce. 

iSIr. PETTIGREW presented petitions of M. Hoffman and 23 



other citizens of Union County; of A. J. Robinson and 23 other 
citizens of Yankton County; of J. D. Conley and 22 other citi- 
zens of Union County; of G. U. Smith and 19 other citizens of 
Clay County; of J.N. Moore and 20 other citizens of East Fall 
River; of Frank Burleigh and 17 other citizens of Yankton Conn ty ; 
of George Sawyer and :i2 other citizens of Yankton County: of W. 
P. Shoop and 24 other citizens of Yankton County; of G. G. J. 
Peterson and 23 other citizens of Clay County, and of B. S. Pix- 
ley and 24 other citizens of Cl.ay County, all in the State of South 
Dakota, praying for the appointment of a Senate committee to 
investigate the combine formed to depreciate tlie price of grain, 
and asking for the postponement of the Wasliburn-Hatch anti- 
option bill until such committee shall report; which were re- 
ferred to the Committee on Agriculture and Forestry. 

Mr. WASHBURN presented a memorial of the Presbyterian 
Pastors' Association of Minneapolis, Minn., remonstrating 
against any repeal of the law closing the World's Columbian Ex- 
position on Sunday: which was referred to the Committee on 
the Quadi'o-Centennial (.Select). 

He also presonU-d amemorial of the Minneapolis (Minn.) Board 
of Trade, remonstrating against additional restrictions being 
placed upon the shipment of grain products to the northwest 
seacoast; which was referred to the Committee on Commerce. 

Mr. HILL iiresented a petition of business men and citizens of 
Albany, N. Y., praying for the repeal of the Sherman silver act; 
which was referred to the Committee on Finance. 

He also presented a petition of 121 members of the New York 
Cotton Exchange, praying for the repeal of the Sherman silver 
act; which was referred to the Committee on Finance. 

Mr. HISCOCK presented a petition of the Chamber of Com- 
merce of the State of Now York, praying for the i)assagc of leg- 
islation placing the quarantine at New York and all other places 
under national control; which was referred to the Committee ou 
Immigration. 

He also presented a petition of 121 members of the New York 
Cotton Exchange, praying for the repeal of the act of Congress 
known as the Sherman act; which was referred to the Commit- 
tee on Finance. 

He also presented a memorial of the Methodist Church of El- 
lington, N. Y., ronionstratingagainst the opening of the World's 
Columbian Exposition on Sunday, and praying that the sale of 
intoxicating liquois be prohibited thereat; which was referred 
to the Committee on the Quadro-Centennial (Select). 

He also presented a petition of the Merchant Tailors' Society 
of the City of New York, praying for the passage of Housj bill 
8535, limiting the free entry of wearing apparel of foreign manu- 
facture; which was referred to the Committee on Finance. 
FUR-SE.VL FISHERIES. 

Mr. SHERM.\N. I am directed by the Committee on Foreign 
Relations, to whom was referred the bill (S. 3629) to extend to 
the North Pacific Ocean the provisions of the statutes for the 
protection of fur seals and other fur-bearing animals, to report 
it without amendment. As this is a matter of considerable im- 
portance, I ask for the i)res -nt consideration of the bill. In view 
of the meeting of the tribunal of arbitration to take place next 
summer in regard to the fisheries it is deemed necessary to have 
the bill passed, and I believe upon reading it there will bo no 
objection to it. The bill is strongly recommended by the Presi- 
dent of the United States and was prepared at the State Depart- 
ment. 

The VICE-PRESIDENT. The Senator from Ohio asks for the 
present consideration of the bill. It will be read for informa- 
tion. 

The Chief Clerk read the bill, as follows: 

He it enacted, etc., Tliat wlicnover the Qovernmout of the United States 
shall conclude an offeotlve International arraugeniont for the protection of 
fur !iea\s In the North Pacltic Oi-ean, by agreement with any power, or as a 
result ot the decision of the tribunal of arbitration under the convention 
concluded between the United States and Great Uritain February 29, 1892, 
and so long as such arrangement shall continue, the provisions of section 
11(50 of the Revised Statutes, and all other provisions of the statutes of the 
United States, so far as tlie same may be applicable, relative to the protec- 
tion ot fur seals and other fur-bearint; animals within the limits of .\laslta 
or In the waters thereof, shall b-j extended to and over all that portion of 
the Pacillo Ocean included in such international arrangement. Whenever 
an effective international arrangement is conclude,! as aforesaid, it shnll be 
the duty of the President to declare that tact by pi-ocl.amation, and to dosle- 
nate the portion ot the Pacific Ocean to which It is up;)licable, and that this 
act has become operative; and likewise when such arrangement ce:vses, to 
declare that tact and that tliis a"t has bocomj inoperative, and liis proclama- 
tion with respect thereto shall be conclusive. IJuriiig the extension as 
aforesaid of said laws for the protection ot fur Si.als and other fur-bearlna 
animals all violati(m3 thereof in said designated portion of the Pacilic Ocean 
shall be held to be the same as if committal within the limits of Alaska or 
In the waters thereof, but they may be prosecuted either in the district 
court of Alaska or in any district court of the United States In California, 
Oregon, or Washington.' 

Mr. TELLER. I should like to have the bill read again. I 
do not know exactly what it is. 

Mr. SHERMAN. In view of the mseting of the tribunal of 
arbitration, of which the Senator from Alabama [Mr. MokganJ 



CONGRESSIONAL RECORD— SENATE. 



jAifUAEY 13, 



is a member, it is deemed necessary to give the President of the 
United States certain powGi 

Ml'. COt-'KItELL. Mr. President, we can not hear anything 
jToin'^'- (in in the way of an e.xphmation. 

The VtCK-PRESIDENT. The Senate will be in order. 

Mr. SHlcriMAN. Perhaps the shortest statomeut that could 
be made of the matter would bo to read the brief report which 
embodies the message of the President of the United States, but 
I will siate the substance of it. 

In view of any judgment that may be made by the tribunal of 
arljiti-ation next summer in respect to the sea-island fisheries 
it will be necessary to arm the President of the United States 
with power to issue a proclamation to e.xtend the present law, 
which applies only to Bering Sea, to the North Pacitic Ocean. 
That is the judgment of all parties who know anything about 
the subject-mat;er. The bill simply gives tlie President of the 
United 'states the power to extend the provisions of existing law 
over the Novth Pacific, because the real trouble in the seal fish- 
eries is in the North Pacific. The bill is recommended very 
clearly and forcibly in the message of the President of the 
United States, and was prepared by the Secretary of Stat«_. It 
has met with the approval of every member of the Committee 
oil Foreign Relations, and the necessity for its passage now is 
apparent to everyone, bioausj whatever judgment may be ren- 
dered, that instant it will necessarily involve the exercise of this 
power. . 

Mr. TELLER. I certainly do not desire to antagonize the bill 
when I understand it, because, as the chairman of the commit- 
tee ha^ Stat -d, the trouble in the preservation of seals is not in 
B H'iiig Sea. but in the North Pacific Ocean; and although we 
may succ.-ed in the a -bitration in having it determined that we 
can prot.'Ct the seals in Bering Sea, they will be utterly de- 
stroyed if we do not extend some protection to the seals in the 
Nortli Pacific Ocean. 

Mr. FRYE. There is no objection to the bill. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment; or- 
dered to be engrossed for a third reading, reaJ the third time, 
and passed. 

REPORTS OF COMMITTEES. 

Mr. SAWYER. I am instructed by the Committee on Pen- 
sions, to whom was referred the bill (H. R. fi9o9) for the relief of 
Elisha Brown, to report it favorably, without amendment, and I 
ask for its immediate consideration. 

Mr. VEST. I object to the consideration of the bill until we 
finish the morning- business. I do not know anything about the 
bill, but we should proceed with the routine business. 

Tlie VICE-PRESIDENT. Objection is made by the^ jgfaii^ni - 
from Missouri, and the bill will be placed on the Calendar. 

Mr. SAWYER, from the Committee on Pensions, to whom was 
referred the bill |H. R. 5705) to increase the pension of Amelia 
Graham, reported it without amendment and submitted a report 
thereon. „ , ., 

He also, from the sam5 committee, to whom was referred the 
bill (H. R. 7099) granting an increase of pension to Samuel S. 
Anderson, reported it with an amendment and submitted a re- 
port thereon. 

He also, from the same committee, to whom was referred the 
bill (H. R. 892,5) to increase the pension of Harvey Lyon, re- 
ported it without amendment and submitted a report thereon. 

Mr. PASCO, from the Committee on Claims, to whom wa^ re- 
ferred the bill (H. R. 915) for relief of the heirs of Noah Noble, 
deceased, s ibmitted an adverse report thereon; which was agreed 
to. and the bill was postponed indefinitely. 

He also, from the same committee, to whom was referred the 
bill (H.R.22S1) for the relief of Miss Jane Linn, submitted an 
adverse report thereon; which was agreed to, and the bill was 
postponed indefinitely. 

Mr. McMillan, from the Committee on the District of Co- 
lumbia, t) whom was referred the billiS.:W91) regulating the 
employment of certain persons in manufactories, workshops, and 
stores in the District of Columbia, reported it with an amend- 
m mt, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
-1^1 (S. .'i(;s2) to narrow California avenue within Bellair Heights, 
District of Columbia, reported it with an amendment, and sub- 
mitted a report thereon. 

He also, from the same committee, reported an amendment 
intended to be proposed to the District appropriation bill: 
which was referred to the Committee on Appropriations, and 
ord u-ed to be jn-intcd. . . . r..;r t^ 

Mr. MITCHELL. For the Senator from Virginia [Mr. Dan- 
iel], who is necessarily absent from the Senate, I r-^-p'Tt back 
with amendments from" the Committee on Claims the bill (H. R 



10,10) for the benefit of Logan, Simpson, Hardin, and Hart Coun- 
ties and of the city of Louisville, Ky., and of Sumner and David- 
son Counties, Tenn., accompanied by a written report. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives by Mr. T. O. 
ToWLES, its Chief Clerk, announced that the House had passed 
the following bill and joint resolution: 

A bill (S. :3195) granting to the Yuma Pumping Irrigation 
Company the right of way for two ditches across that part of 
the Y'uma Indian Reservation lying in Arizona; and 

A joint resolution (S. R. 113) providingfor the printing of the 
Agricultural Report of 1892. 

The message also announced that the House had agreed to the 
amendment of the S^mate to the bill (H. R. 9824) to amend "An 
act to promote the construction of a safe deep-water harbor on 
the coast of Texas," approved February 9, 1891. 

The message further announced that the House has passed the 
following bills, in which it requested the concurrence of the 
Senate: 

A bill (H. R. 3.591) to authorize the Norfolk and Western Rail- 
road Company of Virginia to extend its line of road into and 
within the District of Columbia, aud for other purposes; and 

A bill (H. R. 10015) to authorize the construction of bridges 
across the Hiawassee, the Tennessee, and the Clinch Rivers, in 
the State of Tennessee. 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House 
had signed the following enrolled bills; and they were thereupon 
signed by the Vice-President: 

A bill (S. 118) for the relief of the estate of Isaac W. Talking- 
ton, deceased; and 

A bill (S. :!()23) to amend the act of March 3, 1873, for the re- 
lief of the Columbian University, in the District of Columbia. 

BILLS INTRODUCED. 

Mr. FRYE introduced a bill (S. 370G) providing for a commis- 
tion on the suVjject of the social vice; which was read twice by 
its title, and referred to the Committee on Education and Labor. 

He also introduced a bill (S. 3707) making an appropriation for 
establishing buoyage on the water front of Chicago, Lake Michi- 
gan, Illinois; which was read twice by its title, and referred to 
the Committee on Commerce. 

Mr. WOLCOTT introduced a bill (S. 3708) granting a pension 
to Helen L. Dent; which was read twice by its title, and referred 
to the Committee on Pensions. 

Mr. MCMILLAN introduced a bill (S. 3709) granting a pen- 
f^jr^ tn John E. Burnes: which was read twice by its title, and, 
wrai the accompanying papers, referred to the Committee on 
Pensions. 

Mr. WILSON (by request) introduced a bill (S. 3710) to incor- 
porate the Chesapeake and Washington Underground Electric 
Railway Company: which was read twice by its title, and re- 
ferred to the Committee on the District of Columbia. 

Mr. BERRY'. The junior Senator from New .Jersey [Mr. 
Blodgett] was compelled to be absent this morning and re- 
quested me to introduce for him a bill and have it referred to 
the Committee on Military Affairs. 

The bill (S. 3711) granting the right of way through the Ar- 
lington Reservation for railroad purposes, was read twice by ita 
title, and, with the accompanying paper, referred to the Com- 
mittee on Military Affairs. 

Mr. HILL introduced a bill (S. 3712) to grant the right of way 
for electric railroad purposes through certain lands of the United 
States in Richmond County, N. Y.; which was read twice by its 
title, and referred to the Committee on Commerce. 

He also introduced a bill (S. .•1713) to provide an American 
register for the steam yacht Golden Fleece: which was read 
twice by its title, and referred to the Committee on Commerce. 

Mr. DAWES introduced a bill {S. 3714) to ratify and confirm 
an asreem^ut with the Comanche, Kiowa, and Apache tribes of 
Indians in Oklahoma Territory, and to make appropriations for 
carrying the same into eifect; \vhich was read twice by its title, 
and referred to the Committee on Indian Affairs. 

Mr. PROCTOR introduced a bill (S. 3715) to authorize the 
appointment of an as.socia'e professor of mathematics at the 
Military Academy; which was read twice by its title, and, with 
the accompanying papers, referred to the Committee on Military 

AMENDMENTS TO APPROPRIATION BILLS. 

Mr. MORRILL submitted an amendment intended to be pro- 
posed by him to the District appropriation bill; which was or- 
dered to be printed, and, with the accompanying papers, referred 
to the Committee on Appropriations. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



521 



Mr. HALE submitted an amendment intended to be proposed 
by liim to the fortification appropriation bill; which was referred 
to the Committee on Appropriations, and ordei-ed to be printed. 

NICARAGUA CANAL. 

Mr. MORGAN. T submit a resolution, and ask that it be 
printed and lie on the table, to be called up to-morrow. 

The resolution was read, as follows: 

Jlf.solred, That llie Committee oa Commerce is instructed to inquire anrj 
report to the Senate the advantages, if any, that will accrue to the produc- 
tions, industries, coastwise and foreign commerce, immigration, and other 
interests of the United States, by means of the additional facilities of trans- 
portation, and the reduction of the cost thereof that would lie afforded by 
the building of a ship canal to connect the waters of the Atlantic and Paciflc 
Oceans through Lake Nicaragua. 

Mr. MORGAN. I shall call up the resolution to-morrow 
morning, and desire the opi)ortunity to make a very few brief 
observations to the Senate upon it. 

The VICE-PRESIDENT. Meanwhile the resolution will lie 
on the table and be printed. 

DISTRIBUTION OP SOUVENIR COINS. 

Mr. WILSON submitted the following' resolution; which was 
considered by unanimous consent, and agreed to: 

Itesolred, That the Se^'retary of the Tre;'.aui-y b;! directed to tran.smlt to 
the Senate a copy of the opinion of the law ofllcer of the tlovernnient for his 
Department under which he is disbursing the J3..'iOD,000 in soiivenir coins in 
aid of the Worlds Colimioian Exposition, appropriated by the act of Con- 
^•ess approved August 5, 18i?2, and condiiioued upon Sunday closing; and 
also to transmit a copy of such regulations relative to the issuance and de- 
livery of said coins as he may have established in pursuance of said opinion. 

PRINTING OF A REPORT. 

Mr. HANSBROUGH. I move that the rei>ort of the subcom- 
mittee of the Committee on the District of Columbia on the Sen- 
ate resolution directing an investigation of the garbage ques- 
tion in the District of Columbia bo printed. 

The motion was agreed to. 

COINAGE OF SILVER. 

Mr. MORRILL. I was i-equcsted in a note from the Senator 
from New Jersey [Mr. McPherson] to ask that tlie joint i-oso- 
lution (S. R. ]2ti) authorizing and directing the Secretary of the 
Treasui'y to suspend all juirchases of silver bullion as provided 
in the act of July 14, 1890, be referred to the Committee on Fi- 
nance. 

The VICE-PRESIDENT. Tho joint resolution will be so re- 
ferred if there be no objection. 

Mr. STEWART. Is it proposed to call up the joint resolu- 
tion? 

The VICE-PRESIDENT. The Senator from Vermont [Mr. 
Morkill] moves that the joint resolution be referred to the 
Committee on Finance. 

Mr. MORRILL. I was requested by the Senator from New 
Jersey [Mr. McPherson] to have it referred to that committee. 

Mr. STEWART. I hope the joint resolution will not bo re- 
ferred. I know that several Senators wish to make some re- 
marks upon it. I think after the Senator from New Jersey has 
made a speech on the joint resolution, and several Senators have 
signified their intention to reply to him, that to remove it from 
the Senate for the purpose of preventing a reply would not look 
well. I do not think the Senator from New Jersey would like to 
have that done. 

Mr. MORKILL. I do not think there is any such purpose on 
the part of the Senator from New Jersey. He desired to have 
the joint resolution be'ore the committee previous to its nest 
meeting, and I ask to have it so leferred. 

Mr. STEWART. I hope it will not b; referred until Senators 
have had an opportunity to reply to the Senator from New Jer- 
sey. When such measures are retained for the purpose of de- 
bate, after a speech has been made on them it is usual to give an 
opportunity to reply before they are referred. 

Mr. MORRILL. The Senator will see that the amendment 
proposed by the Senator from Rhode Island [Mr. Aldrich] is 
still before the Senate, and that brings up the whole subject. 

The VICE-PRESIDENT. The question is on agreeing to the 
motion of the Senator from Vermont. 

Mr. STEWART. I suppose that the question of reference is 
debatable? 
The VICE-PRESIDENT. It is. 

Mr. STEWART. Upon that question I should like to make a 
few remarks. This is the most serious proposition that has been 
presented 

Mr. TELLER. I ask the Senator from Nevada to yield. I 
appeal to the Senator from Vermont to withdraw the motion. 
He knows very well that the joint resolution can not be referred 
this morning if persisted in, and therels no reason why it should 
be referred. The speech of the Senator from New Jersey has 
been made, and it is no more than fair that before the joint res- 
olution goes to the committee, somebody on our side shall have 



a chance to reply to him. The Senator knows that Senators 
wish to reply, and I think he should not desire a reference. 

Mr. MORRILL. I do not insist upon my motion. I merely 
made it at the request of the Senator from New Jersey. 

Mr. SHERMAN. If the Senator from Nevada will allow me 
a word, I will state that I myself do not see any special reason 
or any necessity for referring the joint resolution to the Com- 
mittee on Finance before its next meeting. The Committee on 
Finance have three or four bills on the same subjectrmauer be- 
foi-e them; but as the subject-matter will necessarily be consid- 
ered by the Committee on Finance the Senator from "Now .fcrs^y 
desired that his proposition should be considered at the same 
time. As a matter of course we would consi.lor it anyway. It 
is a mere matter of form, and rather than nr.w interject a debate 
upon the silver question inopportunely I hope tiiat the recjuest 
of the Senator from New Jersey will not bo comi)liod with. 

Air. n.\LE (to Mr. MoRIULL>. Withdraw the motion. 

Mr. MORRILL. I have no objection to withdrawing the mo- 
tion. 

Mr. HARRIS. What is the motion of the Senator from Ver- 
n!ont? 

The VICE-PRESIDENT. The motion has been withdrawn. 
The motion was that tlie joint resolution bo referred to the 
Committee on Finance. 

MEMORIAL ADDRESSES ON THE LATE SE.MATOK BARHOUR. 

Mr. IIUNTON. Upon consultation witli my colleague [Mr. 
Daniel] and at his request, I give notice that on Tuesday, the 
'24th instant, I sliiiU ask the .Senate to suspend its bu>ii!cs-i in 
order that fitting tributes may be paid to the memory of my late 
predecessor in the Senate, Hon. .lohn S. Harbour. 

the PRESIDICNTIAL TERM. 

Mr. PEFFER. I give notice that no.xt Monday morning, as 
soon as tlie routine morning business is completed, I shall call 
up the joint resolution (S. R. !)ii) pi-oposing an amendment to 
the Constitution of the United States, to limit the olHco of l^ros- 
jdcnt to one term for each incumbent, and that I shall ak the 
Senate at that time to indulge mo while I submit a few tvmurka 
upon the joint resolution. 

PRINTING OF QUARANTINE BILL. 
Mr. HARRIS. There has been no print of Senate bill 2707, 
the quarantine bill as passed by the Senate, and as there are a 
great many demands for copies, I move that the bill bo printed 

as it passed the Senate. 
The motion was tigreed to. 

PltESIDENTIAL APPROVALS. 

A message from the President of the United States, by Mr. 
O. L. Pruden, one of his secretaries, announced that the Presi- 
dent had, on the 10th instant, approved and signed the following 
acts: 

An act (S. 1831) to admit free of duty the wreckage of the ships 
Trenton and Vandalia, presented by the United States to the 
King of Samoa; and 

An act (S. .3029) authorizing the construction of a bridge across 
the Columbia River, in the State of Washington. 

The message also announced that the President of the United 
States had on the 11th instant approved and signed the follow- 
ing acts: 

An act (S. 1786) granting a pension to Mrs. Jennie Gray: 

An act (S. 2187) granting a pension to Margaret M. Rico; and 

An act (S. 2593) granting an increase of pension to Samuel M. 
Campbell. 

The message further announced that the President of the 
United States had, on the 12th instant, approved and signed the 
following acts: 

An act (S. 317) granting an increase of pension to John M. Rob- 
erts; 

An act (S. 2592) grantin'g an increase of pension to William C. 
Tarkiugton; 

An act (S. 2990) for the relief of George W. McKlnnoy: 

An act {S. 30481 granting to the Blue .Mountain Irrigation and 
Improvement CompaiJy a right of way for reservoirs and canals 
through the Umatilla Indian Reservation in the State of Oregon; 
and 

An act (S. 3314) for the relief of E. Darwin Gage, late lieuten- 
ant-colonel of the One hundred and forty-eighth New York In- 
fantry. 

HOUSE BILLS REFERRED. 

The bill (H. R. 10015) to authorize the construction of bridges 
across the Hiawassee, the Tennessee, and the Clinch Rivers was 
read twice by its title, and referred to the Committee on Com- 
merce. 

The bill (H. R. 3591) to authorize the Norfolk and Western 
Railroad Company of Virginia to extend its line of road into and 



522 



CONGKESSIONAL RECORD— SENATE. 



JanUxUiy 13, 



withiu the District of Columbia, and for other jnirposes, was 
read twice by its title, and referred to the Committee on the 
District of Columbia. 

REPORT ON I^ABOR IN EUROPE. 

The VICE-PRESIDENT laid before the Senate the following 
message from the President of the United States; which was read: 

To the Senate: 

In response to the resolutions of the Senate, dated December 20, 1892, and 
January 5, 1803, respeci Ively, I transmit herewith a report from the Secre- 
tary of State of the 10th instant, accompanying the reports of Mr. Walter T. 
Grii'tiu, United States commercial agent at Limoges. Prance, and Mr. W. 
H. Kawards, United States consul-general at Berlin, Germany, which were 
called for hy the aforesaid resolutions. „ „ 

BENJ. HARRISON. 

E.xEcnTivE Mansion, 

Washinglon, January 11, I9.W. 

Mr. CHANDLER. I move that the message and accompany- 
ing papers be referred without printing- to the Committee on 
Immigration. 

Mr. COCKRELL. Is there anything in the papers that ought 
not to be printed and made known to the public? 

Mr. CHANDLER. Certainly not; but they are very bulky, 
ana the committee propose to make a preliminary consideration 
of the question as to whether they shall be printed. 

Mr. COCKRELL. If they are so bulky as appears, it is all 
right. 

The VICE-PRESIDENT. The message and accompanying 
papers will be referred to the Committee on Immigration with- 
out printing. 
ANNUAL REPORT OP THE BUREAU OP AMERIC.\N REPUBLICS. 

The VICE-PRESIDENT laid before the Senate the following 
message from the President of the United States; which was 
read, and, with the accompanying papers, referred to the Com- 
mittee on Appropriations, and ordered to be printed: 
To the Senate and House of Itepresentatioes: 

I transmit herewith for your information a letter from the Secretary of 
Stale, inelosiu? the annual report of the Bureau of American Republics for 
the year ending June 30, 1892. 

■ ^ BENJ. HARRISON. 

ExECBTivE Mansion, January 13, 1933. 

WASHINGTON FREE PUBLIC LIBRARY. 

Mr. WOLCOTT. I ask unanimous consent of the Senate for 
the present consideration of Order of Business No. 967 on the 
Calendar under Rule VIII. The reason for asking its consid- 
eration at this time (the bill being to establish a free public and 
departmental library and reading room in the District of Colum- 
bia) is that the library room is to be in the new post-office build- 
ing, and it will be necessary for the architect of the building to 
make suitable preparations fur its proper construction." The 
bill is accompanied by a short report, which explains its pur- 
port. 

If the bill becomes a law no additional expense will be incurred 
by the Government of the United States except the expense 
of com))ensating two people to take charge of the books and the 
documents of the library, the books being those now received by 
the different Departments and surplus books in the hands of the 
Librarian of Congress. The Librarian of Congress strongly 
recommends the passage of the bill, which will relieve a great 
deal of the pressure now on the Congressional Library, and will 
get the books now in circulation in the different Departments 
altogether in one department. Each Department of the Gov- 
ernment now has a library and r.--ading room. These will be 
condensed into one library and one reading room. 

While there is an appropriation for the compensation of two 
people to take care of the proposed library, yet the services of 
clerks in the different Departments, who now draw pay from the 
Govei-nment for taking care of the books of each Department, 
will be dispensed with; and upon the point of expenditure the 
Government will be the gainer. I ask that the report, which is 
ve\-v short, may be read, 
j^j^ Vi.^;Tr-T?.T3F>i?aTr.T?MT' The bill will first bo read for in- 
^^^^^ f ormafion. 

The Seci-etary read the bill (S. 1491) to establish a free pub- 
lic and departmental library and reading room. 

Mr. MORRILL. I am cordially in favor of a free public li- 
brary for the District of Columbia, but I can not quite agree 
with the propi'iety of emptying all the departmental libraries 
and pouring them into one spot alone. Take, for instance, the 
Treasury Department. There is in that Department a very con- 
sid:rablo and valuable miscellaneous library, where the large 
number of clerks there employed can go, take their books as 
they go home at night, and, after they read them, bring them 
back in the morning without loss of time. If they have to go to 
another public institution it will be necessary for those clerks to 
make two journeys. 

Then it seems to me that nearly all of the Departments will 
have to keep up a library in conseq^uence of the public docu- 



ments which they require for constant usage. Therefore, while 
I am in favor of a free librar-y for the District, I do not see the 
entire propriety of emptying the libraries of the various De- 
partments. I am very sure it will impose a burden upon the em- 
ployes of those Departments and a very considerable loss of time. 
I hope, therefore, that that part of the bill will be modified. 

Mr. HALE. Mr. President, it struck me, as the bill was beingf 
read, that it involves a pretty large enterprise. It would seem 
to mo from the provisions of the bill as the Secretary read them, 
that it inaugurates not only the removal of the small depart- 
mental libraries from the different departmental buildings to 
the city post-office, but establishes what will be in time a great 
public library here in Washington in addition to the Congres- 
sional Library proper. 

I think, if that is the view of the committee which reports this 
bill through the Senator from Colorado, that he should state to 
the Senate what the scope of the bill is and whether it is the in- 
tention of the committee in the bill to lay the foundation of a 
groat public library in addition to the Congressional Library; 
because, if that is done, it v/ill not be a question of a few rooms 
or a limited space in one of the floors of the new post-ofBce build- 
ing, but this library will advance and aggrandize, and before 
many years will require a large proportion of the room of a very 
great building. 

I do not say that it is not desirable that we should have such a 
library here for the departmental clerks and employes and for 
anybody else in the District, but it should be understood clearly 
that, v/hen we embark upon all these great matters, the vast 
amount of room and the number of books which will be required 
should be anticipated by the Senate. 

I thought also that I noticed a provision in the bill — perhaps I 
am wrong about that — which is rather a novelty, and that is, 
that provision should be made by messenger service for furnish- 
ing books to persons outside. That is a thing which the Senator, 
I hope, comprehends in its full extent. 

If Congress is to incorporate such a provision into this bill for 
a public library for the citizens of this District and the depart- 
mental employes and clerks, and is also to send them books and 
take them back, as is done now in a limited way for Senators and 
Members of the House of Representatives.it will be a very great 
advance in expenditure: nobody will go to the library, but or- 
ders will be given for books; and a force of messengers will be 
engaged in carrying the books to the houses of the persons and 
returning them. It may be that that is desirable; it may be that 
the Senator has taken all this in view. If he has, I hope he will 
explain to the Senate, so that we may understand what we are 
doing when we adopt this bill. 

Mr. WOLCOTT. Mr. Pi-esident, I am very glad the Senator 
from Maine has asked the questions which ho has. The com- 
mittee which reported this bill through me very much hope that 
this will be the foundation of a creditable, an extensive, and 
fully equipped public library for the city of Washington. We 
have now no library whatever here. The Librarian of Congress 
is forbidden by law to issue the books of tho Congressional Li- 
brary except to officers and employes of the Government. The 
general public in Washington, the departmental clerks, and 
the citizens of the city have absolutely no access whatever to 
the public library of Congress, except as they call at the Library 
to read there the books within this building. 

Mr. GRAY. If I may interrupt the Senator by asking a ques- 
tion. Is he not mistaken about that? 

Mr. WOLCOTT. I think not. 

Mr. GRAY. Is it not a fact that the citizens of Washington 
have on certain terms the right to pi'ocure books from the 
Library ? 

Mr. WOLCOTT. They may %o into the Library and read the 
books. 

Mr. GRAY. And take books out. 

Mr. WOLCOTT. Oh, no. The Librarian is badgered day 
after day by eternal requests from the public that they may get 
liooks; but he is forbidden by law to let tho books go out. We 
have to call for them; and when we do it we become personally 
i-esponsible for the books, and we violate the law when we let 
other persons have those books in this city, which ought to be 
a center of culture and intelligence; but there is no public li- 
brary here, and there should be one. I hope this will be the 
means at a moderate expense or at no expense at all of founding 
here what will eventually be a creditable library for Washing- 
ton. 

We start upon this basis: Almost every Department has now 
included within its buildings certain circulating library books, 
which have been gi-adually accumulated, not including the pub- 
lic documents to which the Senator from Vermont [Mr. Mor- 
rill] referred, but different books and dilTerent periodicals 
which have been presented to it, and which are forwarded gra- 
tuitously and given to that Department. The scope and theory of 



1893. 



CONGRESSIONAL EECOED— SEXxiTE. 



i 



both, parties must be heard; but here the old fundamental rule of 
justice is dispensed with by this measure, and we in Congress 
make the ovidonco, and there is nothing for the court to do but 
simply to make a decree tive minutes after they take control of 
the cause. 

This bill is simply to prepare the way for an auditor (for it 
acknowledges the liability of the Government of the United 
States) to state how many dollars wo ax'e to pay to Mr. McGar- 
rahan for the minerals taken out of this land during the last 
forty or lifty years. 

I am perfectly willing, Mr. President, to send Mr. MoGarra- 
han into the courts of the United States, where the Government 
of the United States shall be represented by a district attorney, 
whore the court is empowered to summon witnesses and compel 
their attendance, where he can be confronted with those who 
may testify against him, and the Government shall have com- 
pulsory process, as he shall have it, to bring all witnesses to give 
their testimony, where ho shall have a jury trial; and then, 
when the judgment of that court shall bo rendered against the 
Government of the United States, as far as the Government has 
any liability , I am ready to help to discharge that liability. But 
I shall not vote for a bill that confesses the Government of the 
United States is to be held as a warrantor to pay enormous dam- 
ages, which may have been incurred daring more than two 
generations by the junior occupant of a piece of land. 

These, sir, arc the reasons which I have thought joroper to 
express to the Senate as my reasons why I can not support this 
measure. 

Mr. TELLiER. I suppose the bill will go over without any 
further action until Monday, and with the same understanding 
as before. 

The PKErilDING OFFICER (Mr. Pasco in the chair). That 
will bo the order in the absence of objection. The Chair hears 
none. 

WILLIAM M. WATSON. 

Mr. GORDON. If the matter which has been before the Sen- 
ate is disposed of, I ask unanimous consent to call up a bill to 
pension a very old man. It has passed the other House, has 
been reported by the Senate Committee on Pensions, and I think 
there will be no objection to it. It is House bill 8D38. 

The PRESIDING OFFICER. The Calendar under Rule VIII 
being in order, the Senator from Georgia asks unanimous con- 
sent for the present consideration of the bill (H. R. 8038) grant- 
inn- a pension to William M. Watson, of Walker County, Ga. 
Is there objection ta the present consideration of the bill ? 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It proposes to place on 
the pension roll the name of William M. Watson, of Walker 
County, Ga., an invalid soldier of the Mexican war, having- been 
a member of Company E, First Alabama Volunteers, 18-tii, and 
in consequence of his disability, arising from a wound received 
in tlie service, grants him a pension of ^1.5 doUai-s per month. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 
CHAKLES A. LANG. 

Mr. SAWYER. I ask unanimous consent tocall up the bill (S. 
3670) granting an increase of pension to Charles A. Lang. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It proposes to place 
on the pension roll the name of Charles A. Lang-, who was a ijri- 
vatc in Company G, Second Regiment Dragoons, and served in 
the Florida war, was captain of Company G, Thirty-fourth Regi- 
ment Wisconsin Infantry, audsex-ved in the war of the rebellion, 
and to pay him a pension at the rate of $20 a month in lieu of the 
amount he is now receiving. 

The bill was reported to the Senata without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

REMOVAL OP SNOW AND ICE. 

Mr. HANSBROUGH. I ask unanimous consent to call up for 
consideration the bill (S. 226.5) for the removal of snow and ice 
from the sidewalks, crosswalks, and gutters in the cities of 
Washington and Georgetown, and for other purooses. 

The PRESIDING OFFICER. Is there objection to the re- 
quest of the Senator from North Dakota? 

Mr. COCIvRELL. Let the bill be read for information. 

The PRESIDING OFFICER. The bill will be read. 

Mr. HANSBROUGH. Several provisions have lieen stricken 
out by the Committee on the District of Columbia, and I think 
the Secretary had better read the amended bill. 

Mr. COCKRELL. The Secretary has the amended bill be- 
fore him. He will first read the original bill and then state the 
amendments of the committee. 

Mr. HANSBROUGH. That course appears to me simply a 
waste of time. 



Mr. COCKRELL. After he has read the original he will state 
the amendments? 

The PRESIDING OFFICER. The bill will be road. 

The bill was read, and by unanimous consent the Senate, as in 
Committee of the Whole, proceeded to its consideration. 

The bUl was reported from the Committeo on the District of 
Columbia with amendments. 

The PRESIDING OFFICER. The amendments will be stated 
in their order. 

Mr. CALL. Mr. President, I submit that the provisions of 
the bill will prove very harsh to a groat many poor people here. 

Mr. COCKRELL. I suggest to the Senator from Florida to 
hear the amendments stated. I ;eo there are a great many 
amendments reported. Lot them bo acted upon. 

Mr. CALL. Very well. 

The first amendment of the Committee on the District of Co- 
lumbia was, in section 1, line 7, after the word "hours," to insert 
'■ of daylight;" in line 9, before the word " sidewalks," to insert 
•'paved;" and in line 11, after the word "tenant," to insert: 

And bucli owners or tenant.s shall, under .i llUo peuaUy. wltliln live days 
after notice so to do by the Comnilssloner.s. clean o!T and remove, or cause to 
be cleaned olt and removed, all dirt, sand, Ki-avel, or other refuse matter that 
may fall or be washed upon any paved sidewalk or alley Inside of the cities of 
Washington and Georgetown. 

So as to make the section read; 

That the owner or tenant of each house or other building, or lot or lots of 
ground, In the cities of Washington and Georgetown, and In such other part or 
parVsof the District of Columbia as the Commissioners of said District shall 
from time to time dosis^ato, shall within the llrst four houi-s of daylight after 
every fall of snow cause the same to be removed entirely from off the paved 
sidewalks opposite such house, building, lot, or land, under the penalty of $1 
for each lot for every such neglect, to be paid by the said owner or tenant; 
and such owners or tenants shall, under a like penalty, etc. 

The amendment was agreed to. 

The next amendment was, in section 3, line 5, after the word 
"ice," to strike out " or both" and insert " or any dirt, sand, or 
gravel;" and in line 0, after the word "sidewalks," to insert 
"and alloys;" so as to make the section read; 

That in case the owner or tenant of any house, lot, building, or land shall 
neglect to comply with any of the provisions of the preceding sections of this 
act, it shall be theduty of the Commissioners of the District of Columbia to 
cause the removal of snow or ice. or any dirt, sand. or gravel, from all paved 
sidewalks and alleys in the cities of Washington and Georgetown wherever 
there has been a failure on the part of the owner or tenant as afore.said tore- 
move the same, and the cost of such removal by order and under the direc- 
tion of the said Comniissiouers shall be assessed as a tax against the property 
to which the sidewalks in question belong, tor the purposes of this act. and 
the said tax so assessed shall be carried to the regular tax roll of the cities 
aforesaid, and shall be collected iji the manner provided for the collection 
of other taxes. 

The amendment was agreed to. 

The next amendment was, in section 4, line 3, after the word 
"snow," to strike out " or rain which shall freeze; " in line 4, 
after the word " gutters," strike out "at the corners; " inlineS, 
after the word "crosswalks," to insert " to a width of 10 feet; " 
and in lino 8, after the word "obstructions," to insert " and in 
case the crosswalks are covered with ice it shall bo their duty to 
cause such crosswalks to be liberally sprinkled with sand or 
sawdust, or such other material as will insure safety to pedes- 
trians;" so as to make the section road: 

That it shall be the duty of the Commissioners of tlie District of Columbia, 
immediately after every fall of snow on the crosswalks or in the gutters, 
forthwith to cause the same to be removed from the said crossw.alks to a 
width of 10 feet and from out of the said gutters to the breadth of 1 foot. In 
the said cities respectively; and the said crosswalks and gutters shall be 
kept clean and free from obstructions, and in case the crosswalks are cov- 
ered with ice it shall be their duty to cause such crosswalks to be liberally 
sprinkled with sand or sawdust, or svtch other material as will Insure safety 
to pedestrians. 

The amendment was agreed to. 

The next amendment was in section 5, line 3, after the word 
"immediately," to strike out "upon the commencement of a 
snow or sleet storm or," and insert "after; " in lineG, before the 
word "and," to strike out "under the circumstances," and insert 
" when funds are available; " in lino 7, after the word "cross- 
walks," to insert " whiehmay be used as thoroughfares; " inline 
10, after the word "sleet," to insert "to a width sufficient to 
accommodate winter pedestrian travel;" in line 17, after the 
word " pai-ks," to strike out: 

Provided, That the compensation allowed in payment of the services of the 
persons employed by the superintendent of puljUc buildings and groimds, 
as aforesaid, shall not e.Kcceil 50 cents pur hour for each person while ac- 
tually at work: And jirovidfd furthev. That one overseer for each public park 
mthin the (;ities of 'vVashiupion and Georgeto^vn may bo employed by BucU 
superintendent of public biiildings and groimds, at a rate of compensation 
not to exceed 7.5 cents per hoin- tor each overseer while actually engaged In 
overseeing the work. 

And in line 31, after the words "provided for," to strike out: 
And if the work at any of the parks has not been performed In accordance 
with Instructions, payment of the persons so eng.aged shall be withheld until 
such time as the work Is properly and suitably performed; 

So as to make the section read: 

That it shall be the duty of the superintendent of public buildings and 
groimds in the District of Columbia, immediately after a fall of snow or 



528 



CONGRESSIONAL EECORD— SENxiTE. 



January 13, 



sleet, or as soon thereafter as practicable, to engage such assistance as he 
may deem necessary, when funds are available, and proceed to remove from 
all paved sidewalks or crosswalks which may be used as thoroughfares 
around about, or through the public parks within the cities of Washington 
and Georgetown all uciumulations of snow or sleet to a width sufflcieut to 
accommodate winter pedestrian travel; or in case the same be so congealed 
as to make removal by ordinary methods Impossible, he shall cause such 
paved side or cross-walks to be liberally sprinkled with sand or sawdust or 
suchother material as will insure safety to pedestrians who, in the lawful 
and legitimate pursuit of their respective avocations, tlnd it convenient to 
pass aroimd, about, or through said public parks; and it shall be the duty of 
the superintendent of inibllc buildings and grounds, personally, or by deputy 
or deputies, to visit each public park in the citlesol Washington and George- 
town as soon as possible after any snow or sleet storm, as aforesaid, and 
carefully inspect the work as herein provided for. 

The amandment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engi'ossed for a third reading, read 
the third time, and passed. 

DEALING IN "options" AND "FUTURES.'' 

The PRESIDING OFFICER. The hour of 2 o'clock having 
arrived, it is the duty of the Chair to lay before the Senate the 
unfinished business. 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (H. R. T84.j) defining "options " and "fu- 
tures,'' imposing special taxes on dealers therein, and requiring 
such dealers and persons engaged in selling certain products to 
obtain license, and for other purposes. 

The PRESIDING OFFICER. The pending question ison the 
adoption of the amendment otTered by the Senator from Louisi- 
ana [Mr. White], on which the yeas and nays have been or- 
dered. 

Mr. CALL. Let the amendment be read. 

The PRESIDING OFFICER. The amendment will be read. 

The Secretary. . At the end of section 2 it is proposed to 
strike out the following proviso: 

Provided, however. That such contract or agreement shall not be made, set- 
tled for by delivery or settlement of differences, or by another mode of per- 
formance or settlement in or upon any board of trade, produce, cotton, hop, 
merchants', or other exchange, or other commercial association, or in any 
place or upon any premises where price quotations of said articles are an- 
nounced, bulletined, or published, nor be subject to the rules 6r regulations 
of any such board, exchange, or other commercial association. 

The PRESIDING OFFICER. The Secretary will call the roll 
on agreeing to the amendment. 

The Secretai-y proceeded to call the roll. 

Mr. HANSBROUGH (when Mr. Casey'.s name was called). I 
desire to announce that my colleague [Mr. Casey] is paired with 
the Senator from Kentucky [Mr. Carlisle]. 

Mr. DIXON (when his name wascalled). I have a general pair 
with the Senator from Mississippi [Mr. WalthallJ. As he is 
not pi'esent, I withhold my vote. 

Mr. HANSBROUGH (when his name was called). I announce 
my pair with the Senator from Montana [Mr. S.4NDERS]. I will 
also announce that I transfer that pair to the Senator from Ne- 
vada [Mr. Jones], who is absent, and will vote. I vote "nay." 

Mr. HISCOCK (when his name was called). I am paired with 
the Senator from Arkansas [Mr. .Jones]; otherwise I should 
vote "yea.'' 

Mr. SAWYER (when his name was called). I am paired on 
the bill and all amendments with the Senator from Minnesota 
[Mr. Davis]. 

Mr. STOCKBRIDGE (when his name was called). I am 
paired with the Senator from Maryland [Mr. Gibson]. 

Mr. WILSON (when his name was called). I am paired gen- 
erally with the Senator from Georgia [Mr. Colquitt], but I am 
informed that if present lie would vote "nay" on the pending 
amendment, and I will therefore vote. I vote "nay.'' 

The roll call was concluded. 

Mr. DIXON. As I stated, I have a general pair with the Sena- 
tor from Mississippi [Mr. Walthall], who is absentas a mem- 
ber of the committee appointed by the Senate to escort the re- 
mains of the late Senator Ivenna to West Virginia. My col- 
league [Mr. Aldrich] is absent unpaired. I transfer the pair I 
have with the SenatorfromMississippi to my colleague, and upon 
this question I vote " yea." 

Mr. MORGAN (after having voted in the negative). A pair 
has been arranged by which I am paired with the Senator from 
Virginia [Mr. Daniel], audi withdraw my vote. 

Mr. GORDON (after having voted in the negative). I voted 
inadvertentlv. I am paired with the Senator from Wyoming 
[Mr. Warren]. 

Mr. COCKRELL. My colleague [Mr. Vest] has been called 
away for a short time to-day on business, and is paired with the 
junior Senator fi-om Kansas [Mr. Perkins]. I do not know how 
my colleague would vote on this particular amendment. 

Mr. PLATT. My colleague [Mr. Hawley] is absent. Be- 
lieving that he would vote "nay" if here, and as I should vote 
"yea." I announce a pair with him upon this vote. 



Mr. GEORGE (after having voted in the negative). Does the 
Senator from Oregon [Mr. Mitchell] know how his colleague 
[Mr. Dolph] would vote on the pending amendment? 

Mr. MITCHELL. He would vote "nay." 

Mr. GEORGE. Then I will let my vote stand. 
. Mr. IRBY (after having voted in the negative). I have just 
noticed the absence of the Senator from New York [Mr. Hill]. 
I am paired with him and withdraw my vote. 

Mr. MITCHELL (after having voted in the affirmative). I 
xmderstand the Senator from Mississippi [Mr. George] has a 
pair with my colleague [I\Ir. Dolph]. 

Mr. GEORGE. He has; but upon inquiry of the Senator from 
Oregon [Mr. Mitchell] I understood his colleague would vote 
" nay " on the pending question. That is the v/ay I have voted. 

Mr. MITCHELL. Then, inasmuch as I vote the other way 
upon the question, I ask to have my colleague's pair trans'erred 
to myself. 

Mr. GEORGE. Does the Senator from Oregon withdraw his 
vote? 

Mr. MITCHELL. I will withdraw my vote. 

Mr. GEORGE. That suits mo very well. I will let my vote 
stand, and the Senator from Oregon withdraws his vote. 

Mr. MITCHELL. I withdraw my vote, and announce my pair 
with my colleague [Mr. Dolph]. 

The result was announced — yeas 10, nays 31, as follows : 

YEAS— 10. 



Brice, 


Gorman, 


Quay, 


Wolcott. 


Cameron. 


Hunton. 


Vilas, 




Dixon, 


Palmer, 


White, 
NAYS-31. 




Berry, 


Dubois, 


McMillan, 


Shoup, 


Butler, 


Frye, 


Morrill, 


Stewart, 


Call, 


Gallinger, 


Pasco. 


Teller, 


Carey, 


George, 


Petfer, 


Vance, 


Chandler, 


Hale, 


Pettigrew. 


Voorhees, 


Cockrell, 


Hansbrough, 


Pugh, 


Washburn, 


Coke, 


Harris, 


Ransom, 


Wilson. 


Dawes, 


Kyle, 


Sherman. 


^ 




NOT voting— 45. 




Aldrich, 


Dolpll, 


Jones of Ark. 


Sanders, 


Allen, 


Faulkner, 


Jones of Nev. 


Sawyer, 


Allison, 


Felt on. 


McPherson, 


Squire, 


Bate, 


Gibson, 


Manderson, 


Stanford. 


Blackburn, 


Gordon, 


Mills. 


Stockbrldge 


Blodgett, 


Gray, 


Mitchell, 


Turpie. 


Carlisle, 


Hawley, 


Morgan, 


Vest, 


Casey, 


Higgins, 


Paddock, 


Walthall. 


Colqtiitt, 


Hill, 


Perkins, 


Wai*ren 


Cullom, 


Hlscock, 


Piatt, 




Daniel, 


Hoar, 


Power, 




Davis, 


Irby, 


Proctor, 





The PRESIDING OFFICER. No quorum having voted, the 
roll will be called. 

Mr. MITCHELL. How many are now required to make a 
quorum ? 

The PRESIDING OFFICER. Forty-four. The roll call will 
proceed. 

The Secretary called the roll, and the following Senators an- 
swered to their names: 

Berry, Gallinger, Mitchell, Stockbridge, 

Brice, George, Palmer, Teller. 

Butler, Gorman, Pasco, Vance, 

Call, Hale, Peffer, Vilas, 

Cameron, Hansbrough. Piatt, Voorhees, 

Carey, Harris, Pugh, Washburn, 

Chandler, Hiscock, Quay, White. 

Cockrell, Hoar, Ransom, Wilson. 

Coke. Hunton. Sawyer, Wolcott. 

Dawes, Irby. Sherman, 

Dixon, Kyle. Shoup. 

Prye, McMillan, Stewart, 

The VICE-PRESIDENT. Forty-five .Senators having re- 
sponded to their names, a quorum is present. The roll will be 
again called on agreeing to the amendment proposed by the 
Senator from Louisiana [Mr. White]. 

The Secretary proceeded to call the roll. 

Mr. DAWES (when his name was called). I am paired with 
the senior Senator from Alabama [Mr. Morgan] whenever he is 
out of the Chamber. 

Mr. DIXON (when his name was called). I transfer my pair 
with the Senator from Mississippi [Mr. Walth.\ll] to my col- 
league [Jilr. Aldrich] and vote " yea." 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. Morrill], but he and I voted 
the same way on the last roil call. I record my vote " nay," not- 
withst^ding the pair. 

Mr. HISCOCK (when his name was called). I am paired with 
the Senator from Arkansas [Mr. .Jones]. 

Mr. IRBY (when his ndlme was called). I am paired with the 
Senator from New York [Mr. Hill], but I transfer my pair to 
the Senator from Wyoming [Mr. Warren] and vote " nay." 

Mr. PLATT (when his name was called). Upon this vote I am 



1893. 



CONaRESSIONAL EECOED— SENATE. 



529 



paired -with my colleague [Mr. Hawley]. I should vote "yea" 
if he were present. 

Mr. QUAY (when his name was called). I have a general pair 
witli the Senator from West Virginia [Mr. Faulkner], but I 
understand from the Senator from Minuesota, after conversation 
with the Senator from West Virginia, that I am free to vota upon 
the bill and amendments. I am in favor of the bill and will 
vote ''yea " on the amendment of the Senator from Louisiana. 

The roll call was concluded. 

Mr. DAWES. I understand that the Senator from Alabama 
[Mr. IMorgan] would vote the same way I would on this ques- 
tion, and therefore I will vote. I vote " nay.'' 

Mr. HUNTON. I wish to announce that my colleague [Mr. 
Daniel] is paired on this vote with the Senator from Alabama 
[Mr. Morgan]. If they were present my colleague would vote 
•'yea'' and the Senator from Alabama would vote " nay." 

Mr. GRAY. I have a general pair with the senior Senator 
from Illinois [Mr. Cullom]. If he were present I should vote 
"yea." I do not know how he would vote. 

'Mr. HIGGINS. I have a general pair with the senior Senator 
from Now Jersey [Mr. McPherson]. If ho were present he 
would vote "yea," and I should vote "nay." 

Mr. HISCOCK. I understand the Senator from Arkansas 
[Mr. Jones] would vote "yea" on the pending amendment, and 
as I would vote that way I will vote. I vote "yea." 

The result was announced — yeas l.j, nays 32; as follows: 









YEAS— 15. 




Brice. 




Gibson, 


Mills, 


Vilas, 


Cameron 




Gorman, 


IVlitchell, 


White, 


Dixon, 




Hiscock, 


Palmer, 


Wolcott. 


Felton, 




Hunion, 


Quay, 
NAYS-32. 




Allison, 


<o 


Dawes, 


Irby, 


Sherman, 


BeiTy, 


-a 


Dubois, 


Kyle. 


Shoiip, 


Butler, 


c= 


Frye, 


McMillan, 


Stockbridge 


Call, 


"^ 


Gallinger, 


Pasco, 


Teller, 


Carey, 


a:> 


George, 


Peller, 


Vance, 


Chandler 


OS 


Hale, 


Pro<-tor, 


Voorhees, 


Cocki-ell, 


CO 


Hansbrough, 


Pugh. 


Washburn, 


Coke, 


■s 


Harris, 


Ransom, 


Wilson. 




NOT VOTINa-39. 




Aldrieh, 


03 


Davis, 


Jones of Nev. 


Sanders, 


Allen, 


Iq" 


Dolph, 


McPherson, 


.Sawyer, 


Bate, 


:3 


Faulkner, 


Mauderson, 


Squire, 


BlacUburn.tO 


Gordon, 


Morgan, 


Stanford, 


Blodgett, 


O 
Ll. 


Gray, 


Morrill, 


Stewart, 


Carlisle, 


Hawley, 


Paddock, 


Turpie, 


Casey, 


Higgins, 


Perkins, 


Vest, 


Colquitt, 


Hill, 


Pettigrew, 


Walthall, 


Cullom, 




Hoar. 


Piatt, 


Warren. 


Daniel, 




Jones ot Ark 


Power, 





So the amendment was rejected. 

The VICE-PRESIDENT. The question recurs on agreeing 
to the amendment proposed by the Senator from Virginia [Mr. 
Daniel], to strike out section 10 of the bill. 

Mr. WHITE. The Senator from Virginia is absent on official 
duty, and I ask that the amendment may lie over until his re- 
turn. 

The VICE-PRESIDENT. The amendment will lie over if 
there be no objection. 

Mr. WASHBURN. I will consent to its lying over unless it 
is to delay action on the bill. Otherwise I shall ask for a vote 
upon it. It has been laid over once owing to the absence of the 
Senator from Virginia, and I hardly feel like letting action on 
the biH be delayed on that account. 

Mr. HALE. Let the amendment be read. 

The VICE-PRESIDENT. The amendment will bs read. 

The Chief Clerk read the amendment, which was to strikeout 
section 10 as amended, as follows: 

Sec. 10. Whenever any contract or agreement for the sale and f utiu:e deliv- 
ery ot any of the article's mentioned in section 3 of this act shall be made, and 
the making thereof shall not be reported by the collector of internal revenue, 
as required by section 9, and it shall come to the knowledge of such collector.or 
heshallhavereasonablecausetobelievethattheparty by whom such contract 
or agreement was made as vendor was not. at the time of the making thereof, 
the owner ot the article or articles which were the subject of. embraced in, 
or covered by such contract or agreement, and had not then acquired, and 
was not then entitled to the right to the future possession ot such article or 
articles under and by virtue of a contract or agreement for the sale and fu- 
ture delivery thereof previously made by theowner of such article or artli-Ies, 
it shall be the duty of such collector to require the party who shall have 
made such contract or agreement as vendor to forthwith furnish to such 
collector proof of such vendor's ownership, or risht or title to the future 
possession of the article or articles so embraced iu or covered b.v such con- 
tract or agreement, and said party shall thereupon make, and file with 
such collector, an affidavit statmg by whom the said article or articles were 
owned at the time said contract or agreement was made, and, if affiant was 
not at that time such owner, whether at the time of making such contract 
or agreement affiant was entitled to the right to the futtire possession of 
said article or articles, and how such right was acquired. Such aflldavit 
shall also state the warehouse, elevator, or other place where said article 
or articles are stored, or, if the same be then in the possession of a ves- 
sel, railroad, or other carrier for transportation, the name of such vessel, 
railroad, or carrier, and the number and date of each separate bill of lading 
or receipt issued by such vessel, railroad, or carrier therefor, and the amount 
or quantity of such article or articles called tor by such bill of lading or re- 



ceipt; and such aCBdavit shall further state the amount or quantity of other 
articles of the kind embraced in and covered by such contract or a'gi'eement 
which said aftlant is then the owner of. or eutiiled to the possession of, 
and any and all contracts or agreements which atUaut may have made, and 
which are then outstanding and remainlug uncanceled, for the sale aud fu- 
ture delivery ot any such article or articles of such kin I. .\nd said party Is 
further required if demanded by such collector, to e.\hlblt to the collector 
the original receljit of the warehouse or elevator wher- the afore-^ald article 
or articles are then stored, or the bill ot lading or re.-lpi of the vessel, rail- 
road, or other carrli-r bavins; nnssession ot said artlcK' or articles for trans- 
portation. And In <-a.se said pariy shall fail or refuse to make and lUo with 
the collector the said aftldavitwheu so reiiuh-ed.or shall fall or refuse to ex- 
hibit the said warehouse or ele . ator receipt or said 1:111 ot lading, when so 
demanded, such failiu-e or refusal shall constitute and be deemed and held 
to be lii'lnia facU evidence than the contract or agreement so made by said 
party was a "futures" contractor agreement as described and dehued la 
section '-' ot this act. aud said party shall thereupo-.i become liable and be re- 
quired to pay to said collector upon the article or articles which are ilie sub- 
ject ot. embraced in, or c»jvered by such contract or agreement, the ainount 
or amounts of special ta.xes imposed and required by section 4 ot this act to 
be paid tor and upon an article or articles of the same kind when sold \mder 
any "futures" contract or agreement; and it when such contract was made, 
the party making the same was not authorized, by a certllicate issued to 
him under the provisions ot section 5 ot this act, to make "futures." con- 
tracts, or agreements, then said pirty sh;vll also become liable and be re- 
quired to pay the further sum ot H .(XW prescribed by said section Sot this 
act as a license tee for conducting the business ot dealer in " futures, '' 

The VICE-PRESIDENT. The question is on agreeing to the 
amtndment of the Senator from Virginia. 

Mr. WHITE. Do I understand the Senator from Minnesota 
to object to the amendment being carried over':* 

The VICE-PRESIDENT. That is the understanding of the 
Chair. 

Mr. WASHBURN. I do not feel that the bill should be post- 
poned. It has alr.'ady been put over once on account of the ab- 
sence of the Senator from Virginia. If there are any Senators 
preijared to go on with the discussion, of course I have no objec- 
tion to the amendment going over further, but I do not feel that 
the day shouUl be lost by having the amendment go over. 

Mr. \vniTE. Does the Senator from Minnesota understand 
that the Senator from Virginia is absent on official duty and 
the nature of Iho duty on which he is absent'/ 

Ml'. WASHBURN. Certainly, I understand it. 

Mr. WHITE. Notwithstanding that, the Senator makes ob- 
jection. Then I ask 

Mr. WASHBURN. Of course, when it is put on that ground 
I shall not object to the amendment going over. I recognize 
the courtesies of the Senate, especially on an occasion like the 
one on which the Sonaior from Virginia is cnga;:;ed. .Vt the 
same time I hardly think it is a fair way of dealing to have the 
discussion put over on a prete.Kt of that kind. I shall not object 
under the circumstances to the amendment going over. 

The VICE-PRESIDENT. The objection is withdrawn, and 
the amendment will lie over. 

Mr. WASHBURN. I suppose the reading of the bill canpro- 

The VICE-PRESIDENT. The bill has been read at length. 
There are no pending amcndmeats. The bill is before the Sen- 
ate, as in Committee of the Whole, and open to amendment. 

Mr. VILAS. I desire to offer an amendment to the bill. I 
move to amend section 2, after line 1.5, by inserting the follow- 
ing words: 

And does not in good faith intend to purchase and deliver the articles con- 
tracted to be sold and delivered according to the terms and requirements of 
such contract. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment proposed by the Senator from Wisconsin [Mr. Vilas]. 

Mr. VILAS. Mr. President, it will bo observed at once that 
the amendment proposes to distinguish, in accordance with some 
discussion which passed on the floor a few days since, those con- 
tracts which are undeniably leeitimate, supported by the laws 
of every State and by a uniVorsal con.senstis of judicial opinion 
from those which are open to criticism and have sometimes been 
denominated on this floor as gambling contracts. 

To state the proposition is to state all that I desire to say in 
support of it at this time. It will be observed that instead of 
drawing the line by the words of the amendment rigorously 
for the class of contracts stigmatized as gambling, I have 
drawn it most favorably to incltide them, so that in order that 
futures should be recognized as legitimate under the bill it will 
ba necessary that it should be understood, or shown jiorhaps, 
that there was an intention in good faith to go into the market 
and purchase the articles for delivery. I do not see how the 
amendment can bo justly objected to. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the Senator from Wisconsin [Mr. Vilas]. 

Mr. WOLCOTT. On that 1 call for the yeas and nays. 

Mr. WASHBURN. I should like to have the amendment 
printed and go over until to-morrow so that I may consider it a 
little further. My impression is, from what I understand from 
the Senator from" Wisconsin, that the etTect of it would be to 
absolutely destroy the force and elTect of the bill, but before 



XXIV- 



-34 



530 



CONGRESSIONAL RECORD— SENATE. 



Jaisuaey 13, 



there is any vote upon it I should like to have time to consider 
it a Utile further and give Senators an opportunity to consider 
itfurlhor. I ask that the amendment be printed and go over 
until to-morrow. , _ , , , 

Mr BUTLER. I suggest to the Senator from Colorado to 
withdraw his demand for the yeas and nays if the amendment 
is to go over. 

Mr. WOLCOTT. Very well. 

The VICE-PRESIDENT. The Senator from Colorado with- 
draws his demand for the yeas and nays. 

Mr. HARRIS. As the two amendments are going over to a 
future day, I ask the Senator from Minnesota if we may not de- 
vote the remainder of the day to the consideration of the Calen- 
dar under Rule VIII. 

IMr WASHBURN. I understand there are several Senators 
who desire to speak on this measure, and I see no reason why 
thcv should not go on this afternoon. . 

Mr HARRIS. I think there are several Senators who desire 
to deijate the bill, but it seems that no one is now ready to take 
the lloor or propo.<=es to do so. That being the case— of course I 
shall make no motion— I simply ask the Senator from Minnesota 
it \w may not devoto the remainder of the day to the Calendar 
under Rule VIII, in view of the fact that the two pending amend- 
ments have gone over. , , , , • X- 

Mr WASHBURN. Senators have had about a year s time 
to prepare themselves on this question, and I hope the debate 
will be continued this afternoon. 

Mr. WOLCOTT. I move that the Senate proceed to the con- 
sideration of business on the Calendar under Rule VIII. 

Tlio VICE-PRESIDENT. The question is on agreeing to the 
motion of the Senator from Colorado [Mr. Wolcott]. 

Mr WASHBURN. Upon that I ask for the yeas and nays. 

The yeas and nays were ordered; and the Secretary proceeded 

to call the roll. ,, ,> ^ ^ 

Mr DIXON (when his name was called). I transfer my pair 
witli the Senator from Mississippi [Mr. Walthall] to my col- 
league [Mr. Aldrich], and I vote '"yea." . , ■^, 
Mr HARRIS (when his name was called). I am pan-ed witli 
the Senator from Vermont [Mr. I^Iorrill]. Not knowing how 
he would vote, I withhold my own vote. ,, ^ ^ . , 

Mr SAWYER (whsn his name was called). lam paired on 
the bill and amendments with the Senator from Minnesota [Mr. 
Davis], but I have the right to vote to make a quorum. I vote 

" nay ' 

Mr. STOCKBRIDGE (when his name was called). I am paired 
with the Senator from Maryland [Mr. Gibson]. _ 

Mr WILSON (.when his name was called). I am paired with 
the Senator from Georgia [Mr. CoLQUlTTj, but I am satisfied 
that if he were present he would vote " nay." I will therefore 
vote. I vote "nay." 

The roll call was concluded. 

Mr. GORDON. I am paired with the Senator from Wyoming 
[Mr. Warren]. . , ^ ^. ^ ^, ^ 

Mr. GRAY (after having voted in the affirmative). When I 
voted just now I overlooked the fact of my pair with the Senator 
from Illinois [Mr. Cull< im]. I withdraw my vote. 

Mr PL ATT. I am paired with my colleague [Mr. HawleyJ 
on the bill, and therefore do not vote on the pending question. 

Mr GORDON. I have just been informed that the Senator 
from'Wvoming [Mr. Wakren) if here would vote "nay." I 
therefore feel at liberty to recoi'd my vote "nay." 

The result was announced- yeas 9, nays 36; as follows: 
yeas-9. 
Dixon, Hoar, Mills, Vilas, 

HiU McMillan, Palmer, "WhUe. 

Hiscoclc, 

NAYS— 3G. 
Allison, Dubois. Jones of Arlc. Ransom, 

Berry ^ Frye, Kyle, Savryev, 

Butlei', S§ Gallinger, Mitchell, I'i^y,'?^"' 

Call. -o George, Morgan, ^'',?2,P' 

Carey, ?= Gordon, Pasco, Teller, 

Chaiiaier, — Hale, Pettlgrew, Yanee, 

Cockrell Hansbrough, Proctor, Voorhees, 

Coke 3? Hunton, '' Pugh, Washburn, 

Dawes, ^ Irby, Quay, Wilson. 

NOT VOTING— 11. 
Alclricti, "o Daniel, .Tones oJ Ney, Stanford, 

Allen S Davis, McPherson, Stewart, 

g^", • -zi, Dolph, Manderson, Stockbridge, 

Bla'-kl)m-n,-S Faulkner, MorriU, Tm-pie, 



CO 



Blodgett, 
Brice, 
Cameron, t- 
Carlisle, O 
Casey, Lx. 
Colquitt, 
Cullom, 



Pelton, 

Gibson. 

Gorman, 

Gray, 

HaiTis, 

Hawley. 

Higgius, 



Paddock, 

Peffer, 

Perkins, 

Piatt, 

Power, 

Sanders, 

Squire, 



Vest, 
Walthall, 
Warren, 
Wolcott. 



So the motion was not agreed to. 

Mr. WASHBURN. Upon a little further consideration I am 



satisfied as to the effect of the amendment proposed by the Sen- 
ator from Wisconsin [Mr. Vilas], and I withdraw my request 
to have it go over until to-morrow and be printed. I ask for a 
vote on the amendment. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendmentproposedby the Senatorfrom Wisconsin [Mr. Vilas]. 
Mr. MITCHELL. The Senator from Minnesota is not in favor 
of the amendment? 

Mr. WASHBURN. I am not in favor of it because it would 
absolutely destroy the force of the bill. 

Mr. VILAS. I should like to know how the amendment would 
destroy the force of the bill when it would only provide for con- 
tracts that are unquestionably legal and proper. 

Mr. WASHBURN. It is a provision that would surely be 
evaded. Where it comes to the question of delivery it is as cer- 
tain of evasion a,s any provision which could ba put in the bill. I 
regard it as absolutely disastrous to the effect of the bill. 

The VICE-PRESIDENT. Is the Senate ready for the ques- 
tion on agreeing to the amendment of the Senatorfrom Wiscon- 
sin? 

Mr. WHITE. On that I ask for the yeas and nays. 
The yeas and nays were ordered. 
Mr. HOAR. Let the amendment be again read. 
The VICE-PRESIDENT. The amendment will be read. 
The Chief Clerk. In section 2, line 15, after the word 
"thereof," insert " and does not in good faith intend to pur- 
chase and deliver the articles contracted to be sold and delivered 
according to the terms and requirements of such contract;" so as 
to read: 

That lor the purposes of this act the word " futures" shall b3 understood 
to mean any contract or agreement whereby a party contracts or agrees to 
sell and deliver to another or others at a future time, or within a designated 
period, any of the articles mentioned in section 3 of this act, when at the 
time of making such contractor ;i greement the party so contracting or agree- 
ing to sell and make such delivery, or the party for whom he acts as agent, 
broker, or employg in making Buch contract or agi'eement. is not the owner 
of the ariicle or articles so contracted or agreed to be sold and delivered, or 
has not theretofore acquired by purchase and is not then entitled to the 
right to the future possession of such article or articles under and by vir- 
tue of a contract or agi-eement for the sale and future delivery thereof pre- 
viously made by the owner thereof and does not in good faith intend to pur- 
chase and deliver the articles contracted to be sold and delivered according 
to the terms and requirements of such contract. 

Mr. WHITE. Mr. President, I do not think the full scope of 
the amendment is understood. Under all the judicial opinions 
now, the rulings of all the State courts and of the Supreme Court 
of the United States, where a contract for the future deli\^eryot 
property is made that contract is a valid contract unless proof be 
made that both the parties to the contract did not intend to de- 
liver. In other words, the contract is a valid contract and can 
be enforced unless the party assailing the contract makes proof 
not that one or the other but that both of the parties never in- 
tended to deliver. That is the present law as adjudicated by all 
the cases. 

The amendment does not go anything like as far as the adju- 
dicated cases. The amendment makes the contract valid pro- 
vided the seller bona fide and actually intends to_ deliver; in 
other words, where it is a future contract, not the intention of 
both parties is necessary to an invalidity of the contract, but if 
the seller has not the actual and bona fide intention to buy and 
deliver then the contract is null. As the section makes future 
contracts null and makes this an exceptional case, it puts the 
burden upon the seller to show those facts. 

I certainly do not understand that there would be any possi- 
bility of evading such a provision. I certainly do not understand 
that" the objection of the Senator from Minnesota has any force 
as applied to this contract. Under the law as it now stands the 
burden is on- the party attaching the contract, and the burden is 
on him not only to show it as to one party, but to show it as to 
both, whilst under the amendment the burden is on the seller of 
the property for future delivery to show, before the contract can 
become valid, that he had a bona fide intention to buy and actu- 
ally deliver the properly under the contract. I can not for the 
lite of me see how the statement of the Senator from Minnesota 
is accurate. 

Mr. GEORGE. Mr, President, I suppose I ought to beg the 
pardon of the Senate for obtruding upon it any further observa- 
tions on the bill, but a^ the amendment if adopted would utterly 
destroy the bill, as the measure would be utterly worthless, I feel 
it incumbent on me to say a word or two in reference to it. 

I should like to call theattc-ntion of Senators to an established 
fact in the testimony which has been taken in this case. What 
is called the future business of this country, so far as cotton is 
concerned, amounts to about 40,000,000 balesper year, taking the 
two exchanges of New Orleans and New York together. I have 
not my memoranda before me, and I speak in general terms. I 
have the exact amount of deliveries both in New Orleans and 
New York, butnotanticipatingadebate this morning, I have not 
the memoranda before me. I will stat'i, however, that not more 



1893. 



CONGRESSIONAL RECOED— HOUSE. 



539 



for the said oflico having, by law, become vested in the Presi- 
dent on and after Januai-y 1, 1893. 

Evan Gibbous, to ba postmaster at Dyersville, in the county o£ 
Dubuque and State of Iowa, the appointment of a postmaster for 
the said office having, bylaw, become vested in the President on 
and after January 1, 1893. 

Henry Kettell, to bo postmaster at Grand Junction, in the 
county of Greene and State of Iowa, the appointment of a post- 
master for the said office having, by law, become vested in the 
President on and after January 1, 1893. 

John Knapp, to be postmaster at Parkorsburff, in the county 
of Butler and State of Iowa, the appointment of a postmaster for 
the said office having, by law, become vested in the President on 
and after January 1, 1893. 

Samuel Mayne' to be postmaster at Bancroft, in the county of 
Kossuth and State of Iowa, the appointment ol a postmaster for 
the said office having, bylaw, become vested in the Presidenton 
and after January 1, 1893. 

Leonard Miller, to bo postmaster at Hartley, in the county of 
O'Brien and State of Iowa, the appointment of a postmaster for 
the said office having, by law, become vested in the President on 
and after .lanuary 1, 1893. 

William H. McCune, to bo postmaster at Ruthven, in the 
county of Palo Alto and State of Iowa, the ai)pointment of a 
postmaster of the said office having, by law, become vested in 
the President on and after January 1, 1893. 

Gerirge F. Spence, to bo postinas'tcr at Rolfe, in the county of 
Pocahontas and State of Iowa, the appointment of a postmaster 
for the said office having, by law, become vested in the Presi- 
denton and aft^r January l,'lS93. 

Andrew C. Walker, to be postmaster at Northwood, in the 
county of Worth and State of Iowa, the appointment of a post- 
mast 'r for the said office h'aving, by law, become vested in the 
President on and after April 1, 1892. 

John J. McWiUiams, to bo postmaster at Chart-jr Oak, in the 
couijty of Crawfoi-d and State of Iowa, the appuintment of a 
postmaster for the said office having, by law, bacome vest:;d in 
the President on and after January 1, 1893. 

Charles D. Cutting, to be postmaster at Clinton, in the county 
of Lenawee and State of Michigan, the appointment of a post- 
master for the said office having, by law, bjcome vested in the 
-President on and after January 1, 1893. 

Miss Faustina M. Towle, to be postmaster at Gaylord, in the 
county of Otsego and State of Michigan, the appointment of a 
postmaster for the said office having, by law, become vested in 
the President on and after January 1, 1893. 

William W. Hopkins, to be postmaster at Oakland, in the 
county of Burt and State of Nebraska, the appointment of a post- 
master for the said office having, by law, become vested in the 
President on and after January 1, 1893. 

Cyrus E. Hunter, to be postmaster at Wakefield, in the county 
of Dixon and State of Nebraska, the appointment of a postmas- 
ter for the said office having, by law, become vested in the Pres- 
ident on and after January 1, 1893. 

Walter D. Smith, to be iiostmaster at Lyons, in the county of 
Burt and State of Nebraska, the appointment of a postmaster 
for the said office having, by law, become vested in the Pi-esident 
on and after January 1, 1893. 

Chester L. Ui.x, to bo postmaster at West Lebanon, in the 
coi'.uty of Grafton and State of New Hampshire, the appoint- 
ment of a postmaster for the said office having, by law, become 
vested in the President on and after January 1, 1893. 

Ernest Olday, to be postmaster at Little Valley, in the county 
of Cattaraugus and State of New York, the appointment of a post- 
master for said office having, by law, become vested in the Presi- 
dent on and after January 1, 1893. 

Charles D. Straight, to be postmaster at Cattaraugus, isi the 
county of Cattaraugus and State of New York, the appointment 
of a postmaster for the said office having, by law, become vested 
in the President on and after January 1, 1893. 

Jesse H. Hunter, to be postmaster at Niles, in the county of 
Trumbull and State of Ohio, in the place of Tilghman N. Rob- 
bins, whose commission expires February 13, 1893. 

Johnson D. Neely, to be postmastsr at Derry Station, in the 
county of Westmoreland and State of Pennsylvania, the appoint- 
ment of a postmaster for the said office having, by law, become 
vested in the President on and after January 1, 1893. 

Mrs. Susan M. McEwen, to be postmaster at Oakdale Station, 
in the county of Allegheny and State of Pennsylvania, the ap- 
pointment of a postmaster for the said office having, by law, 
become vested in the President on and after January 1, 1893. 

Joseph E. Mitchell, to be postmaster at State College, in the 
county of Center and State of Pennsylvania, the appointmentof a 
postmaster for the said office having, by law, become vested in 
the Presidenton and after January 1, 1893. 

James M. Porrin, to be postmaster at Chartiers, in the county 



of Allegheny and State of Pennsylvania, the appointment of a 
postmaster for the said office having, by law, become vested in 
the President on and after .Tanuarj- 1, 1893. 

David A. Wellborn, to bo postmaster at Pilot Point, in the 
county of Denton and State of Texas, the appointment of a post- 
master for the said office having, by law, become vested in tho 
President on and after January 1, 1S93. 

Ferdinand C. Willbern, to be postmaster at Llano, in tho 
county of Llano and State of Texas, the appointment of a post- 
master for tho said office having, by law, become vested in tho 
President on and after January 1, 1893. 

Jonathan B. Stovall, jr., to be postmaster at South Boston, in 
the county of Halifax and State of Virginia, in the place of Ed- 
ward B. Yancey, whose commission expires February 13, Ls93. 
CONSULS. 

.lohnson Brigham, of Iowa, to be consul of tho United States 
at Aix laChapelle, vice Charles Weare, resigned. 

John H. Grout, jr., of Massachusetts, to bo consul of tho United 
States at Bermuda, vice William K. Sullivan, resigned. 

Albert S. Twitchcll, of Gorham, New Hampshire, to be consul 
of the United States at Santiago do Cuba, to fill a vacancy. 



CONFIRMATION. 
Executive nomination confii-med by tlie Senate, January 13, 1S9S. 

ASSOCIATE JUSTICK OF UTAH TERRITORY. 

George W. Bartch, of Utah Territory, to be associate justice 
of the supreme court of the Territory of Utah. 



HOUSE OF EEPRESENTATIVES. 
Friday, January 13, 1893. 

The House met at 12 o'clock noon, and was called to oi'der by 
tho Speaker. Prayer by the Chaplain, Rev. W. H. MiLnuRN, 
D. I). 

The Journal of the proceedings of yesterday was read and ap- 
liroved. 

SPECIAL ORDER FOR TUESDAY, JANUARY 17, 18»3. 

Mr. CULBERSON. Mr. Speaker, I ask unanimous consent 
that Tuesday next, instead of Saturday, may be set apart for 
the consideration of bills reported from the Committee on the 
Judiciary. 

Mr. RAYNER. I object to that, because I think it ought to 
go to the Committee on Rules, and let tho Committee on Rules 
determine it. 

Mr. CULBERSON. I will say to the gentleman that I have 
talked with tho Committee on Rules about this. 

Mr. RAYNER. If the Committee on Rules are willing to give 
Tuesday it is all right. 

Mr. CULBERSON. I will say to the gentleman that it will 
be perfectly satisfactory to the Committee on Rules. 

Mr. RAYNERT Then I will withdraw my objection, if the 
Committee on Rules have agreed to give Tuesday. 

Mr. CULBERSON. Mr. Speaker, I understand the gentleman 
from Maryland withdraws his objection to my request. 

The SPEAKER. Is there further objection to the request of 
the gentleman from Texas [Mr. Cdlberson] that Tuesday next, 
instead of Saturday, bo set apart for tho consideration of bills re- 
ported from the Committee on the Judiciary? 

Mr. HOLMAN. What is the request? 

The SPEAKER. The request of the gentleman from Texas 
[Mr. Culberson] is that instead of to-morrow, which has been 
assigned to the Judiciary Committee, that that committee be per- 
mitted to occupy tho time on Tuesday next. This request, as the 
Chair understands, arises from the fact that the gentleman from 
West Virginia [Mr. WILSON] and the gentleman from Virginia 
[Mr. Tucker] are absent attending tho funeral of the late Sen- 
ator Kenna, and there is a bill to be called up respecting tho 
direct-tax account of the State of West Virginia, upon which 
these gentlemen desire to be heard; and therefore the gentle- 
man from Texas [Mr. Culberson] desires to substitute Tuesday ■ 
for .Saturday for the Judiciary Committee. Is thoro objection 
to the request? 

There was no objection. 

cilvnge OF reference. 

Mr. WISE. Mr. Speaker. I ask that the Cnmmittoo on Inter- 
state and Foreign Commerce be discharged from further con- 
sideration of the bill (H. R. 9828), and that it be referred to tho 
Committee on Ways and Means. 

Tho SPEAKER. Tho gentleman from Virginia [Mr. Wise], 
from the Committee on Interstate and Foreign Commerce, aska 
that that committee be discharged from the further considera- 



540 



CONGRESSIONAL RECORD— HOUSE. 



Januaey 13, 



tionof the bill, the title of which the Clerk will report, ancUhat 
it be referred to the Committee on Ways aud Means. The Clerk 
will I'oport the title of the bill. 

The Clerk read as follows: 

A bill (H. R. 9838) to encourage the construction of electric railroads, to fa- 
cilitale the rapid transnortation of the malls, to promote the interests of 
commerce aud travel, aud to aid In demoustrating the feasibility of the dis- 
trihuiion of electrical power for agricultural and other purposes along the 
lino of electric roads, and especially to aid lu the construction of a pioueer 
electric railroad between the cities of Chicago and St. Louis by the Chicago 
.au'l .St. Louis Electric Railroad Company, and to secure to the Government 
the use of the same for postal, military, and other purposes, at existing rates. 

Mr. STOUT. Mr. Speaker 

The SPEAKER. The Chair will clear the table, and will 
then recognize the gentleman from Michigan. 

EIMOLUMENTS OF OFFICERS OF THE CUSTOMS SERVICE. 

The SPEAKER laid before the House a letter from the Secre- 
tary of the Treasury, transmitting an abstract of tlie official 
emoluments of officers of the customs service receivetl by them 
during the fiscal year ending .Tune .'iO, 1892; which was ordered 
to be printed, and referred to the Committee on Expenditures 
in the Treasury Department. 

PAYMENT TO INFORMERS, ETC. 

The. SPEAKER laid bJore the House a letter from the Sec- 
retary of the Treasury, transmitting a statement showing all 
payments made to informers and sei/.ing officers under section :i 
of the act of Congi-ess, appr(:.ved June 22, 1874, during the fiscal 
year ending .Tune 30, 1892; which was ordered to be jjrinted, and 
referred to the Committee on Expenditures in the Treasury De- 
partment. 

PLEASANT OWEN AND C. A. PENCE, DECEASED, VS. UNITED 

STATES. 

The SPEAKER laid befoL-e the House a copy of the findings of 
the Court of Claims in the cases of th ; following-named persons 
against the United States: Pleasant Owen and C. A. Penge, de- 
ceased; which was referred to the Committee on War Claims. 

ELECTORAL VOTE. 

The SPEAKER also laid before the House a certified copy of 
the ascertainment of electors for Pi-esident and Vice-President 
in the State of New York, transmitted by the Secretary of State; 
which was laid on the table. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as fol- 
lows: 

To Mr. Shively, for one we'k, on account of important busi- 
ness. 

To Mr. Raines, indefinitely, on account of sickness. 

NAVAJO INDIAN RESERVATION. 

Mr. STOUT. Mr. Speaker, I wish to submit a privileged re- 
port from the Committee on Public Lands. 

The SPEAI-CER. The Clerk will read the report. 

The Clei'k read as follows: 

Eenolved, That the Secretary of the Interior be directed to inform the 
House whether an executive order has been issued to re.storing to the public 
domain any portion of the Navajo Indian Reservation, lying in the Territory 
of Utah; and it so, that he furnish the House with a copy of said order. 

The report (by Mr. STOUT) was read, as follows: 

The Committee on Public Lands, to whom was referred the accompanying 
resolution, have had the same under consideration, and report it back with 
the recommendation that it be adopted with the following amendment: 

Add after the word " order," in the last line, •' with a report of all proceed- 
ings thereunder." 

Mr. STOUT. I move the previous question on the amend- 
ment and the resolution. 

The previous question was ordered. 

The amendment was agreed to. 

The resoluti<in as amended was agreed to. 

On motion of Mr. STOUT, a motion to reconsider the last vote 
was laid on the table. 

ENROLLED BILL SIGNED. 

Mr. SCOTT, from the Committee on Enrolled Bills, report -d 
that they had examine.! and found truly i-ni-oUed abill of the fol- 
lowing title; when the Speaker signed the .sami^: 

A bill (H. R. 982-1) to amend "An act to promote the oonsU'iic- 
tionof a safe deep-water harbor on the coast of Texas," approved 
February 9, 1891. 

MESSAGE FROM THE PRESIDENT. 

A message in writing from the President of the United States 
was commvmicated to the House by Mr. Pruden, one of his sec- 
retaries, who also announced that the President, had appi-oved 
and signed bills of the following titles: 
On January 5, 1893: 

^act(H. R. 9417) to incorporate the Protestant Episcopal 

Cathedral Foundation of the District of Columbia. 



On January 7: 

An act (H. R. 6644) to amend an act elititled "An act author- 
izing the sale of title of the United States in lot 3 in square 
south of square 990," approved Mai-ch 3, 1891; 

On January 9; 

An act (H. R. 6737) granting a pension to Dslzell R. Bradford, 
Twenty-fourth Michigan Volunteers; 

An act (H. R. 8907) to increase the. pension of John Malloy; 

An act (II. R. 9487) to amend an act approved April 22, authoriz- 
ing the Natchitoches Cane River Bridge Company to construct 
and maintain a bridge across Cane River in Louisiana; and 

An act (H. R. 94KS) to amend an act approved March 2, 1891, 
authorizing the construction of a bridge across the Red River, 
Louisiana, by the Rapides Bridge Company, limited. 

DISEASES OF CATTLE AND CATTLE FEEDING. 

Mr. RICHARDSON. Mr. Speaker. I desire to submit a priv- 
ileged report from the Committee on Printing. 

The Clerk read as follows: 

L'i^olt)ed bij fhe House of Jiepresentatives [the Senate concurring)^ That there 
be printed and bound of the special report of the Bureati of Animal Industry 
on diseases of cattle and cattle feeding 60,000 copies, of which 20,000 shall 
he for the use of the .Senate and 40.000 for the use of the House. 

The report of the Committee on Printfhg (by Mr. Richard- 
son) was read, as follows: 

The committee have considered the various resolutions which have been 
rererred to them for the printing of the special report of the Bureau of Ani- 
mal Industry on diseases of cattle and cattle feeding. There are several 
of these resolutions psndiup before the committee, and they call for differ- 
ent numbers of this worlt to be printed. There have been already printed by 
tlie Secretary of Agriculture, under the discretion given him, 10,000 c(jpies of 
the worlv. The estimated cost of printing aud binding this work is about 65 
cents per copy. They recommend the passage of the resolution herewith 
submitted, providing for the printing and binaing of 60, 000 copiesofthework, 
tlie estimated cost of which, as shovvu, will be about $39,000. They recom- 
mend that the other resolutions ou the subject herewith returned lie on the 
table. 

Mr. O'NEILL of Pennsylvania. Mr. Speaker 

The SPEAKER. The gentleman from Tennessee has the floor. 
Does the gentleman yield to the gentleman from Pennsylvania? 

Mr. RICHARDSON. I will in a few moments. 

Mr. Speaker, this publication is one which has recently been 
made by the Secretary of Agriculture, and up to this time mem- 
bei-s of Congress have no copies of this work for distribution. I 
do not desire to o .)mment improperly upon the action of the Sec- 
retary of Agriculture, or of anybody in that Department; but I ■ 
ask to have read an article which I send to the Clerk's desk, 
which has been sent broadcast over the country through the 
United I'l-ess. This article must have been inspired at the De- 
partment of Agriculture. It is a misstatement of fact. It must 
have been known by the gentleman who sent it out that it did 
not convey a proper impression to the country. 

The sending of it out has caused persons in all sections of the 
United States where the United Press dispatches are read, to 
correspond with members of Congress, in both branches, fre- 
quently sending the clipping with their letters calling upon their 
members for copies of this iniblication. The gentleman who in- 
spired it, whoever he was, in the Department of Agriculture or 
elsewhere, must have known and did kn )w that members of 
Congress have no copies of this work for distribution. The only 
copies that have been distributed were printed upon the requisi- 
tion of the Secretary of Agriculture. He had printed 10, COO 
copies of the work, and distributed them himself through that 
Department, except that he has sent one copy, I believe, to each 
member of Congress 

A Member. Five copies. 

Mr. RICHARDSON (continuing). With a statement that no 
moi'e couid be furnished. 

Now, this morning, through the mails, we get a second letter 
from the Secretary of Agriculture, saj'ing that four more copies 
can be furnished. But, Mr. Spealcer, I imagine that there is not 
a gentleman here — perhaps I ought not to say that there is not 
one — but there are very few members who have not received let- 
ters from their constituents asking for this book, based upon this 
publication which I have sent to the Clerk's desk, in whish it is 
pretended to give information to the country that members of 
Congress have these books for distribution. 

Mr. COGSWELL. Will the gentleman aliow me for a mo- 
ment'? 

Mr. RICHARDSON. I will in a moment, when the Clerk 
shall have read that article. 

The Clerk read as follows: 

REPORT ON SHEEP INDUSTRY. 

Washington, Jan uanj ?. 
One of the most valttable publications ever issued by the Governmeut is a 
report tipon the sheep industry of the United States, prepared under direc- 
tion of the Secretary of Agriculture. It treats of the history and conditions 
of the industry from the early settlement of the country down to the pres- 
ent day, and is handsomely illustrated. It bids fair to rival in popularity 
the work on the diseases of the horse, published by the Department some 
time since. It is ready for distribution by the Secretary and through mem- 
bers of Congress. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



555 



aud numerous otter citizens of Texas, and a petition of citizens 
of Bowie, Tex., praying for the passage of legislation opening 
up the Cherokee Strip for settlement; which were ordered to 
lie on the table. 

Mr. CAMERON presented a petition of the Philadelphia (Pa.) 
Board of Trade, praying for the establishment of a Federal Bu- 
reau to be known as the department of national roads; which 
was referred to the Committee on Interstate Commerce. 

He also presented a petition of the Chamber of Commerce of 
Pittsburg. Pa., praying for the passage of legislation creating an 
Ohio River Commission; which was referred to the Committee 
on(-'ommcrce. 

He also in-esented petitions of John E. Brandt and other citi- 
zens of Philadelphia, Pa., and of Charles .1. Harrison and 30 
other citizens of Somerset, Pa., praying for the appointment of 
a commission to examine into and reportupon immigrationevils; 
which were ordered to lie on the table. 

He also presented memorials of the United Presbyterian 
Church of Airville; of A. L. Cressler and other citizens of 
Wilkesbarre; of the Methodist Episcopal, Congregational, and 
other churches of Smithfield: of the Methodist Church of Shlre- 
manstown, and of the Baptist ministers of Philadelphia, all in 
the State of Pennsylvania, remonstrating against any repeal of 
the law closing the World's Columbian Exposition on Sunday; 
which were referred to the Committee on the Quadro-Centennial 
(Select). 

Mr. HOAR. I present resolutions adopted by the Cold Cut 
Chib of Waltham, Mass., which are in the natureof a petition, aud 
which declare, among other things, that banking corporations 
give us a volume of money only as their profit allows, and they 
therefore shamefully reduced the volume of money in this coun- 
trv between 1880 and 1890, which made it necessary for Congress 
to'iucrease its purchases of silver to supply us with money; and 
that thereupon the bankers began to increase the volume of 
bank notes, thereby throwiug great discredit upon the wisdom 
of Congress and its silver law of July 14, 18'J0. Wherefore they 
pray that all private corporations b3 prohibited from issuing 
money, and that Congress take measures to compel the retire- 
ment of bank notes already out. 

I commend the resolutions especially to the attention of my 
honorable friend from Ohio [Mr. Sherman]. I think he will 
derive great pleasure from their perusal. I move that the reso- 
lutions be referred to the Committee on Finance. 
The motion was agreed to. 

Mr. C0CK:RELL presented a petition of Rose Valley Union, 
No. 104, of Saline County, Mo., praying tor the passage of the 
Washburn- Hatch antioption bill; which was ordered to lie on 
the table. 

He also presented a petition of the Commercial Club of Kan- 
sas City, Mo. , praying for the passage of legislation to ratify and 
confirm an agreement with the Cherokee Nation of Indians of 
the Indian Territory, and to make appropriations for carrying 
out the same; which was ordered to lie on the table. 

He also presented the affidavit of Dr. J. W. Snowden, of San 
Jose, Cal., in support of the petition of Mrs. GabrillaP. Moody, 
praying to be granted a pension; which was referred to the Com- 
mittee on Pensions. 

Jlr. BUTLER presented the memorial of C. E. McDonald, R. 
N. McMaster, and other members of the Bethel Associate 
Reformed Presbyterian Church of Winnsboro, S. C, remonstrat- 
ing against any repeal of the law closing the World's Colum- 
bian Exposition on Sunday; which was referred to the Commit- 
tee on the Quadro-Centennial (Select). 

Mr. GEORGE presented memorials of citizens of Columbus, 
Miss., and of members of the Methodist Episcopal Church 
(South) of Lauderdale County, Miss., remonstrating against the 
opening of the World's Columbian Exposition on Sunday: which 
were referred to the Committee on the Quadro-Centennial (Se- 
lect). 

REPORTS OF COMMITTEES. 

Mr. VEST. I am directed by the Committee on Commerce, to 
whom was referred the bill (H.R. 10015) to authorize the con- 
struction of bridges across the Hiawassee, the Tennessee, and the 
Clinch Rivers, in the State of Tennessee, to report it without 
amendment, and I ask that it take the place on the Calendar of 
Senate bill 3525, which has been heretofore reported favorably 
from the Committee on Commei-ce. The bills are identical, and 
I ask that the House bill be substituted for the Senate bill. 

The VICE-PRESIDENT. The bUl will be placed on the Cal- 
endar, and Order of Business 1173, Senate bill 3525, being a bill 
of the same title, will be indefinitely postponed. 

Mr. SAWYER, from the Committee on Pensions, to whom was 
referred the bill (H. R. 8162) to pension Mary E.Trimble, widow 
of Montague N. Trimble, of the Mexican war, submitted an ad- 
ver.^e report thereon. 

Mr. VEST. Let the bill be placed on the Calendar. 



The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar with the adverse report of the committee. 
MESS.\GE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had passed 
a bill (H. R. 1007) to provide for lowering the height of a bridge 
proiwsed to bo constructed across the Ohio River between Cin- 
cinnati, Ohio, and Covington, Ky., by the Cincinnati and Cov- 
ington Rapid Transit Bridge Company, in which it requested 
the concurrence of the Senate. 

The message also announced that the House had passed aeon- 
current resolution to print and bind 00,000 copies of the siiecial 
report of the Bureau of Animal Industry on diseases of cattle; in 
which it requested the concurrence of the Senate. 

The message further announced that the House had passed a 
concurrent resolution to print and bind (J0,000 copies of the spe- 
cial report of the sheep indvistry of the United States: in which 
it requested the concurrence of the Senate. 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House 
had signed the following enrolled bills and a joint resolution: and 
they were thereupon signed by the Vice-President: 

A bill (H. R. 9824) to amend "An act to promote the construc- 
tion of a safe deep-water harbor on the coast of Texas," approved 
February 9, 1891; 

A bill (S. 3195) granting to the Yuma Pumping Irrigation Com- 
pany the right of way for two ditches across that part of the 
Yuma Indian Reservation lying in x\rizona; and 

A joint resolution (S. R. 113) providing for the printing of tho 
Agricultural l?eport for 1892. 

BILLS INTRODUCED. 

Mr. PEPFER introduced a bill (S. 371ti) for the relief of James 
Richardson; which was read twice by its title, and, with tho ac- 
companying papers, referred to the Committee on Military Af- 
fairs. 

He also introduced a bill (S. 3717) for the relief of John Kircher; 
which was read twice by its title, and referred to the Committee 
on Military Affairs. 

Mr. BERRY introduced a bill (S. 3718) to authorize the Okla- 
homa Midland Railroad Company to construct and operate a rail- 
way, telegraph, and telephone "lines through tho Indian and 
Oklahoma Territories, and for other purposes: which was read 
twice by its title, and referred to the Committee on Indian Af- 
fairs. 

Mr. HIGGINS introduced a bill (S. 3719) for the relief of Jas- 
per Hanson; which was read twice by its title, and referred to 
the Committee on Claims. 

Mr. GALLINGER introduced a bill (S. 3720) to set aside tho 
verdict of a court-martial in the case of George J. Barnes, late 
private in Company P, Second Regiment United States Sharp- 
shooters, and Company H, Fifth New Hampshire Volunteer In- 
fantry; which was read twice by its title, and, with the accom- 
panying papers, referred to the Committee on Military AlTairs. 

Mr. CAMERON introduced a bill (S. 3721) for tho relief of 
George Rushburger: which was read twice by its title, and, with 
the accomoanying papers, referred to the Committej on Claims. 

Mr. VOORHEES introduced a bill (S. 3722) to increase the 
pension of William G. Smith; which was read twice by its title, 
and, with the accompanying papers, referred to the Committee 
on Pensions. 

He also introduced a bill (S. 3723) to reimburse the Miami In- 
dians of Indiana for money improperly withheld from them; 
which was read twice by its title, and referred to the Committee 
on Indian Affair.^. 

Mr. COCKRELL introduced a bill (S. 3724) granting a pension 
to Henry Hahman; which was read twice by its title, and, with 
the accompanying pa])ers, referred to the Committee on Pen- 
Mr! QUAY introduced a joint resolution (S. R. 134) authoriz- 
ino- the exhibition at tho World's Columbian Exposition of tho 
picture eutiaed''The ReciiU of Columbus," by Augustus G. 
Heaton: which was read twice by its title, and referred to the 
Committee on tho Libi-ary. 

AMENDMENTS TO APPROPRIATION BILLS. 

Mr. PETTIGREW submitted an amendment intended to be 
proposed by him to tho Indian appropriation bill; which was re- 
ferred to the Committee on Indian AlTairs, and ordered to be 

printed. . ^ 3 , t i 

Mr MCMILLAN submitted an amendment intended to be pro- 
posed by him to the District appropriation bill; which w;a»re^. 
ferrod to the Committee on the District of Columbia, aSTor- 
dered to b.^ printed. . , , , , „„j 

Mr QUAY submitted an amendm nt intended to be proposea 
by him to the sundry civU appropriation '-" "'» "".on,lmpnt 



bill, the amendment 



556 



CONGRESSIONAL RECORD— SENATE. 



Januaey 14, 



providing for the purchase of the historical manuseripts lately 
conipiled byErastus Thatcher, relating- 1'> the District of Colum- 
bia the city of Washington, and the towns of Alexandria and 
Georget'jwn, etc.; -which was retei-red to the Committee on the 
Library, and ordered to be printed. 

MARITIME CANAL OP NICARAGUA. 

Mr. WOLCOTT. I submit a resolution and ask for its pres- 
ent consideration. 

The resolution was read, as follows: 

Bf it resoleed. That tlie Committee on Poreian Relations be directed to in- 
qtiire what sums, if any, have been e.\pended by the Maritime Canal Com- 
imny. the Nicarasua Canal Construrtiou Comp.iuy, or any company allied 
to either of said companies, in and about the construction of said canal or 
otherwise, -with the items of said expenditure, since the accountsof expendi- 
Itire heretofore rendered to .said committee, 

Mr. SHERM.VN. I can only say that a recent report has been 
made which probably the Sena'tor has not examined. However, 
I do not Imow that that gives the items called for in the resolu- 
tion. 

Mr. WOIjCOTT. I think po.ssibly the Senator from Ohio 
will not object to the resolution after I make a statement. 

Some two years ago testimony was taken by the Committee 
on Foreign delations showing the e.xpendituros made by the 
dift'erent canal companies up to that datj. At that time a bill 
was pending in the Senate propo.^ing Government aid for the 
Nicaragua Canal to the extent of the indorsement of -$100,000,000 
of bonds with the deposit in the Treasury of TO per cent of the 
stock of the Maritime Canal Company as col ateral security. 
Since that time the scheme has been entirely changed. While 
that bill waslpending testimony was taken showing the expendi- 
tures made by the Canal Construction Company and the Mari- 
time Canal Association, aggregating some $8,00U,00t). 

As I said, the whole s "heme has been changed, and now the 
Government of the United States is to indorse $10 J.OOO.OOO of bonds; 
the construction of the canal is to be taken from the constrtic- 
tion company, where it was placed some two years ago, and is 
to b3 intrusted solely to the Maritime Canal Association: and 
in consideration of its past expenditures that company is to re- 
ceive $6,000,000 of the bonds of the company guai-anteed by the 
Government and $12,000,000 of its stock. All the other stock ex- 
cept the stock that goes to Costa Rica and Nicaragua is to be vested 
in the Government of the United States as a gift. 

The testimony taken two years ago shows that upwards of 
$3,000,000 or about $11,000,000 was expended, and that was to be 
paid back to the construction company, which was then to have 
the profits of construction. Now it is proposed to give them 
$6,000,000 of bonds and $12,000,000 of stock. 1 do not supjwse it 
is seriously contended that $9,000,000 have been expended since 
the last testimony taken two years ago; but before the Senate 
can act intelligently U])on the question as to how much stock 
shall be donated to this comiiany, the Committee on Foreign 
Relations should certainly desire that we shall have before us 
some testimony to show how much has been expended. It was 
with that purpose in view and with the idea of facilitating the 
progress o'f the bill that I offered the resolution. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the resolution':" 

Mr. SHERMAN. I ought to say a word or two, although I 
have no objection to the passage of any resolution calling for in- 
formation in regard to the Nicaragua Canal. 

The Senator from Colorado is mistaken in regard to the recent 
report made tiy the Committee on Foreign Relations in two very 
important particulars. The company now building the Nica- 
ragua Canal is called the Maritime Company. It is working 
through a construction company. Thay had expended a year 
or two ago, when the lirst report, was made, ab:)ut $3,000,000, ac- 
cording to their own statement. They now claim to have ex- 
pended considerably more, quite as much as $0. 000,000. The 
aggregate maximum was ins-^rted. The amount that has ac- 
tually been paid in money in the construction of the Ni(jaragua 
Canal is to bo ascertained by the Secretary of the Tref.sury and 
the Secretary of State, but the maximum shall not exceed 
$6,000,000 when all is paid. 

In respect to the $1:;, 000, 000 of stock, under the lii-st bill that 
was proposed there was $30,000,000 of stock left in the hands of 
the two countries through which the canal runs and the Maritime 
Company, but itwas thought better that tlio Government of the 
United States should assume a more direct and absolute control 
and ownership of the canal and that it should be built upon 
guaranties furnished by the Government. Therefore the bill re- 
quires that all stocks, all securities of every kind, all bonds shall 
be extinguished and liquidated except stock that was issued to 
the Governments oi Costa Rica and Nicaragua and also $12,000,- 
000 of stock that had been issued in payment of the concessions, 
etc., which had been granted. 

Mr. WOLCOTT. That is $12,000,000, as I stated. 

Mr. SHERMAN. The amount is $12,000,000. The Senator is 



correct about it. But that -was simply to cover the concessions. 
As to the value of that stock it is a matter for anybody to form! 
his own opinion upon. However, all the facts in regard to it 
and all the information we can gather has been printed with the 
recent report, as the Senator will see if he will look at it; but if 
there is anything further in the way of information that maybe 
given we will give it with great pleasure. 

Mr. WOLCOTT. I have road the report and I fail to find any 
statement of the expenditures since the last testimony was taken. 

Mr. SHERMAN. The detailed expenditures were not given, 
and the reason why we did not e.xact that was because those ex- 
penditures were going on day lay day. and we were willing to 
trust to tlie Secretary of the Treasury and the Secretary of State, 
whoever they may be in the next Administration, if the bill is 
passed, to lix and limit and liquidate the amount that has actu- 
ally been expended. 

Mr. HOAR. I simply desire to say in this connection, before 
the resolution is adopted, that the recent experience of another 
country and our own experience in relation to the transconti- 
nental railroad from 1862 to 1864 make it very important that 
Congress, through the Committee on Foreign Relations, should 
see to it that in the construction of the Niparagua Canal, if the 
Government is to have any relation to it whatever, daylight shall 
constantly be turned in upon every transaction, and that noth- 
ing shall happen either of expenditure or receipt of Govern- 
ment aid, or conduct of the officials, or engineers, or the agen- 
cies charged with that structure which shall not be instantly 
made known to all mankind. It is amatter which concerns very 
much indeed the good name of this country and the pure and up- 
right expenditure of our public moneys. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the resolution? 

Mr. MORGAN. I prefer that the resolution shall goovor un- 
til to-morrow and be printed. 

Mr. WOLCOTT. Let it go over until Monday. 

Mr. VOORHEES. I ask that the rvsolution be read again. 

The resolution was again read. 

The VICE-PRESIDENT. The resolution will lie over until ' 
to-morrow and be printed. 

HOUSE BILL REFERRED. 

The bill (H. R. 10007) to provide for lowering the height of a 
bridge proposed to be constructed across the Ohio River between 
Cincinnati, Ohio, and Covington, Ky., by the Cincinnati and 
Covington Rapid Transit Bridge Company, was read twice by its 
title, and referred to the Committee on Commerce. 

REPORT ON DISEASES OP CATTLE. 

The VICE-PRESIDENT laid before the Senate the following 
concurrent resolution of th^ House of Repre-sentatives; which 
was referred to the Committee on Printing: 

Itenotvedby the House of Rei)reseiitalivfs (the Smate concurring). That there 
be printed and bound of the special report of the Bureau of Animal Industry 
on diseases of cattle and cattle feeding 60,000 copies, of which 20,000 shall he 
for the use of the Senate and 40,000 for the use of the House. 

REPORT ON THE SHEEP INDUSTRY. 

The VICE-PRESIDENT laid before the Senate the following 
concurrent resolution of the House of Representatives; which 
-was referred to the Committee on Printing: 

EesoUedby the House of Representatives (the Senate concurring). That there 
be printed and bound of the special report of the sheep industry of the United 
States 60,000 copies, of which 20,000 copies shall be tor the use of the .Senate 
and 40,000 for the use of the House. 

NICARAGUA CANAL. 

The VICE-PRESIDENT. The Chair lays before the Senate a 
resolution coming over from a previous day, which will be read. 

The resolution submitted yesterday by Mr. Morgan was read, 
as follows; 

Resolved. That the Committee on Commerce is instructed to Inquire and 
report to the Senate the advantasres, if any. that will accrue to the produc- 
tions, industries, coastwise and foi-ei;?a commerce, immigration, an 1 other 
interests of the Unite J States, by means of the additional facilities of trans- 
portation, and the reduction of the cost thereoi: that would be afforded by 
the building of a ship canal to connect the waters of the .\tlantic and Pacific 
Oceans through Lake Nicaragua. 

The VICE-PRESIDENT. The question is on agreeing to the 
i-esolution. 

Mr. MORGAN. Mr. President, the resolution of the Senate 
which was adopted in executive session, under which tiie Com- 
mittee on Foreign Relations got jurisdiction of the inquiry in 
respect of the Nicaragua Canal, was directed more particularly 
to the political aspects of that question, by which I mean of 
course the foi-eign aspects of it, than to the material questions 
that might affect the people of the United States in their com- 
merce, in their productions, in their enterju-ises, and in their 
coastwise and foi-eign trade. So that committee, taking the in- 
struction of the Senate, went very earnestly to v,-ork to ascertain 
what was the situation of the canal project under the concessions 
of the Governments of Nicaragua and Costa Rica, and to ascer- 



1893. 



CONGRESSIONAL RECORD— SENATE. 



563 



with having inspirited us with that progressivoness la invention 
and in other gi-and endeavors that have marked the nineteenth 
century as the g'randest in all tlie list. 

The French are a wise, sagacious, thoughtful, earnest, deter- 
mined p30i)le. Even their peasantry are men who study over pub- 
lic and private ariairs with great deliberation, and when they 
have made up their minds they act with firmness. They found 
that they had intrusied, some of them at least, largo sums of 
money and groat i owcrs into the hands of Mr. Dd Losseps, and 
that he had made a magnificant and triumphant success in the 
building up of the Suez Canal. He therefore had no difficulty 
in attracting to his scheme large contributions or subscriptions 
from the French people. They poured their monoy in a flood 
into the mire of the Panama Canal, where, according to the pre- 
monition of our own delegate sent to the Parisian congress, it 
was necessarily bound to be lost. 

The PRESIDING OFFICER. The hour of 2 o'clock having 
arrived, it becomes the duty of the Chair to lay before the Sen- 
ate the unfinished business, which will be stated. 

The Chief Clerk. A bill (H. R. 7845) defining ''options" 
and "futures," imposing special taxes on dealers therein, and 
requiring such dealers and persons engaged in selling certain 
products to obtain license, and for other purposes. 

Mr. MORGAN. Will the Senate indulge me one minute 
longer '? 

Mr. PUGH. I ask that the unfinished business may bo laid 
aside temporarily so that my colleague may finish his remarks. 

Mr. MORGAN. I have onlv a few words more. 

The PRESIDING OFFICER. The Senator from Alabama 
asks unanimous consent that the regular order be laid aside in- 
formally to allow his colleague to conclude his remarks. Is there 
objection V The Chair hoars none, and the Senator from Ala- 
bama will proceed. 

Mr. MORGAN. I am very thankful to my colleague and the 
Senate for this indulgence. 

This committee on two occasions have re])orted bills to aid this 
canal, and they have, with the utmost caution, in view of all the 
developments of the Credit Mobilier and the recent l^anama scan- 
dal, put into the bill every cautionary provision that we could 
find for the purpose of guarding against any of the disgraceful 
results which have characterized some of these great enterprises. 
It is only in respect to railroads in this countrj^,or to one rail- 
road in this country, I believe, that any corruption has been al- 
leged, although we have six or seven transcontinental roads and 
four or five of them have been largely subsidized by the Govern- 
ment with grants of laud or grants of money. 

The people of the United States, when they are themselves 
looking upon the conduct of their own officials in the manage- 
ment of a great public trust like this, are not afraid that they 
are going to drop into the slough of putridity and corruption. 
They are not to bo terrified from doing a great public duty by 
the mere fact that other men, in their attsmpts to benefit their 
country or to do something else, have gone into a distressful 
condition of disgrace. We have nothing to fear about that un- 
less we are afraid of ourselves. If we are afraid of the Congress 
of the United States and the President of the United States and 
the confirming power of the Senate of the United States, then of 
course we ought to be afraid of what shall become of this canal. 

Mr. HOAR. Mr. President 

The PRESIDING OFFICER (Mr. Harris in the chair). 
Does the Senator from Alabama yield to the Senator from Mas- 
sachusetts? 

Mr. MORGAN. Certainly. 

Mr. HOAR. If it be not disagreeable to the honorable Sena- 
tor from Alabama I should like to ask him a question in regard 
to this matter which I think it quite appropriate should be 
answered no<V. He is probably as familiar with this whole sul> 
ject as anyone in the Senate or perhaps out of it. What are the 
securities now existing for absolute publicity in regard to all the 
transactions of the Nicaragua Canal Company? 

The Senator has alluded to the Union Pacific Railroad. The 
two acts, the act of 18(32 and the qct of 18(H, that act which wo 
had occasion to review so thoroughly in connection with the 
Credit iMobilier investigation, appointed so-called Government 
directors as supervisors or watchmen, without any authority of 
control, if the Senator from Colorado [Mr. Wolcott] is right. 
I do not remember about that; but at any rate the main purjiose 
was that they were i-equired by the law, if I recollect it aright, 
to be present, and it was provided that a Government director 
must be a member of every special and standing committee of 
the board of directors of the Union Pacific Railroad. They were 
to reportannually to Congress, or to the Secretary of the Interior, 
and through him to Congress, such observations as they made 
in regard to^the conductof the atl'airs of the road. But, as every- 
one knows, the great contracts with the Credit Mobilier and all 
the proceedings which e.vcited so much popular condemnation 



of the Union Pacific Railroad were absolutely secret, in spit« of 
that provision of the law. 

The scandal which originally called the attention of Congress 
to the subject grew out of the eft'orts of the Union Pacific Rail- 
road Company to avoid an investigation moved in the other 
House. In the first instance, if lam not detaining the Senator 
too long, there was a struggle between tho Boston stockholil<.>rs 
and owners of tho road and the Now Vork stockholders. The 
Boston stockholders carried tho day, turned out tho New York 
directors, and intended to move theofBces of tho road from New 
York to Boston, whereupon one of tho defeated parties, which 
had been entirely outgeneraled in all the strife— there had boon 
some legal proceedings and so on — riuietly observed to one o( 
the victorious party that he had written a letter to Mr. E. B. 
Washburn, of Illinois, thou a distinguished and very vigilant 
member of tho House of Representatives, a near relative of my 
honorable friend from Minnesota [Mr. WashuuknJ who aits 
near me, informing him of the recent proceedings of tho Union 
Pacific Railroad Company. 

The victorious party instantly reassembled, sent to tho Now 
York post-oHico and took stops to have the letter taken out of 
the post-oSfico. and went down on their knees and took tho New 
Yorkers back into their full share of the contract. lam not sure 
that they had moved the offices at that time, but they put them 
all back, gave Credit Mobiliorstock to an official of the road, and 
undertook to distribute it among the Representatives from all 
parts of thecountry in order to got them interested in it. So the 
mere existence of tho few Government directors, without voting 
responsibility, and simply in order to keep a watch, turned out 
in tliat case to be a most imperfect and inadequate protection. 

Now, I should like to have tho honorable Senator from Ala- 
bama, if he will do me that favor, stato what are the safeguards 
and precautions and securities which will enable the people o( 
the United States and mankind at lartre to know at once and at 
the time every transaction in the building of tho canal to which 
tho Government is c.\peoted to lend its credit so largely, the ex- 
penditure of every dollar of money, the employment of every 
agency, and everything else which may possibly, if it bo not 
looked upon, become a means of wrongdoing. As T said earlier 
in tho daj', when the resolution was introduced by the Senator 
from Colorado [Mr. Wolcott], the recent example of France 
and the not very remote example of this country make it im- 
portant for our public credit and good fame and tho purity of 
our Govornment that this enterprise shall proceed to its ter- 
mination without tho possibility of a reproacli. 

Mr. MORGAN. -Mr. President, tho Committee on Foreign 
Relations have exhausted really their ability— I may bettor say 
they have employed all their ability at least— in tryinof to get 
such provisions into tho bill as would give absolute publicity to 
everything that is done in tho construction of the canal, and ab- 
solute security that there should bo no fraud perpetrated in con- 
nection with it by anybody. Tho first and main provision on 
that subject is in regard to the ten of tho fifteen directors who 
shall be entitled to vote and participate in tlio actual direction 
of tho company, which was not tho case. I am informed, in regai'd 
to the Union and Central Pacific Railroad Companies. 

Now, I should bo willing to trust every dollar that will over 
be in the Treasury of the United States for expenditure into tho 
hands of a man liko tho Senator from Massachusetts, without 
bond or without security, just upon his record, his history, and 
what I know to be the principles which have controlled his 
action. Here are ten directors, every one of whom may bo a 
man of equal merit with the Senator from Masachusetts, to be 
appointed by the President of the United States and confirmed 
by tho Senate, who are to take charge of this canal in connec- 
tion with five others, one of them appointed by Nicaragua, one 
by Costa Rica, and three by the stockliolders. These ten di- 
rectors take this matter in hand, and are we to sujipose that it 
will be possible, with tho reports that they arc required to make 
of their proceedings regularly and annually, and even monthly, 
to the Secretary of the Treasury, that any fraud can bo allowed 
to permeate the management of this business? It is a matter of 
almost physical impossibility, it we are to look to tho directors 
alone. 

Then it is required that the bonds to be issued by the United 
States shall bo printed and signed by the company, put into tho 
Treasury of the United States, and issued with the indorsement 
of the United States only in payment for work actually done, 
u))on estimates to be made by a board of engineers of tho United 
States Govornment, not of the company. So wo have a Govern- 
mental supervision independent of tho action of the board of di- 
rectors as to the expenditure of every dollar of this money; and 
then the total expenditure shall not exceed $100.()00,0U0, and tho 
pro rata expenditure shall not exceed the pro rata of proper ex- 
penditure for the $100.01)0,000, considering tho entire amount of 
work that is to be done. 



564 



CONGRESSIONAL RECORD— SENATE. 



Jajstuaey 14, 



Mr. HOAR. Will the Senator state what are the provisions 
for uutliting the accounts? 

Mr. MOKGAN. They are to bo audited by the Secretary of 
the Treasury. 

Mr. HOAR. How often? 

Mr. MORGAN. Not less frequently than once in two months 
they ai'o to be audited by the Secretary of the Treasury. 

Mr. HOAR. All the 'accounts of the company, or merely the 
e.xpoadituro of the bonds? 

Mr. MORGAN. All the accounts, the use of every dollar of 
money that is localized from the sale of the bonds. The bonds 
are not paid out in advance; they are paid out upon audited bills 
for work actually done. 

Mr. HOAR. That was the case with the Union Pacific. 

Mr. MOfiGAN. The bills must bo brought in and audited, 
and then the bonds are authorized to ba issued in payment of 
that audit. 

Mr. VOORHERS. I ask the Senator from Alabama to yield 
that I may introiuco two bills. Morning- business has not had 
much chance this morning. 

Mv. MORGAN. Certainly, I v.'iU yield, and I apologize for 
taking so much time. If I were not c.jmpelLd to be absent from 
the country I would not take tnis liberty. 

[The bills were introluced, and appear under their appro- 
piia'e head.] 

Mr. VOORHEKS. I am very much obliged to the Senator 
from Alabama'. I can only say that no greater question can be 
di c.issed than the one he is discussing now, and nobody can dis- 
cuss it any batter than he can discuss it. I am much obliged to 
him for his courtesy. 

Mr. MORGAN. In addition to what the Senator from Massa- 
chusetts has referred to as a means of ascertaining what the 
company is doing, here is a provision in the charter which re- 
quires that — 

Said company shall make a report ou the first Monday of December in 
each year to ibe Secretary of the interior— 

That is a different officer — 

whic-h shall be duly verified on oath by the president and secretary thereof, 
giving such detailed statement of its affairs and of its assets and iiabilities 
fts may bs required by the Secretary of the Interior, and any willfully false 
stnteuient so ntade shall be deemed perjury and punishable as such. 

Tliat guaranty comes also to our assistance in the prevention 
of frauds. 

1 have to say further that if there is anj' Senator in this body, 
or any member of the other House, or any other person who can 
suggest any reasonable cautionary plan or phraseology for mak- 
ing it impossible for fraud to entjr into these alfairs, the Com- 
mittee on Foreign Relations will welcome the suggestion and will 
recommend its adoption at any time that it may be brought for- 
ward, for surely nothing can be further from our desii o than that 
the slightest opportunity should bo aiforded through the means 
of this bill or in building this canal for the squandei'iug or im- 
proper use of public funds. We liave seen enough of that, and 
being cauiioned in advance by the experience of other govern- 
ments, as well as our own, it does stand us in hand to make every 
reasonable provision of the character suggested by the Senator 
from Massachusetts [Mr. Hoar]. 

Mr. Presidt lit, I liave not gotten through with all that I meant 
to say this morning, but in deference to the business of the .Sen- 
ate, I fee! bound to yield the floor. At a future day, not far dis- 
tant, I hope I may have the opportunity of presenting my views 
on some other matters included in the bill of the Senator from 
Ohio [Mr. Sherman], reported back to the Senate from the 
Committee on Foreign Relations. 

DEALING IN " OPTIONS " AND "FUTURES." 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (H. R. 784.5) defining "options'' and "fu- 
tures,'' imposing special ta.\es on dealers therein, and requiring 
sueli dealers and pei'suns engaged in selling certain products to 
obtain license, and for other purposes; the pending quettion 
being on the amendment of Mr. Vilas in section 2, line l"i, a:ter 
the word "thereof,'' to insert, "and does not in good faith in- 
tend to purcha-o and deliver tlie articles conti-acted to be sold 
and delivered according to the terms and requirements of such 
contract;" so as to zvad: 

That tor the purposes of this act the word "futures '' shall be understood 
to mean any contract or agreement whereby a party contracts or agre s to 
sell and deliver to auo' her or others at a future time, or within a designated 
perio,l, any of the articles mentioned in section 3 of this act. when at the 
time of m. Iking such contract or agreement the party so contracting or .agree- 
ing to sell and make such delive.'y, or the party for whom he acts as agent, 
brolcer, ore-npNjye inmakiug such contract or agreement, is not the owner 
of the article or articles so contracted or agreed to be sold and delivered, or 
has not theretotore acquired by piu'chase and is not then entitled to the 
right to the fULUr^i possession of such article or articles tinder and by virtue 
of a couU'a^t or a jreement for the sale and future delivery thereof pre- 
viously male by the owner thereof an 1 does not in good faith intend to pur- 
chase an I deliver I he articles contracted to be sold and delivered according 
to the terms and requirements of such contract. 



Mr. WOLCOTT. 1 move that the Senate proceed to the con- 
sideration of the Calendar under Rule VIII. 

The VICE-PRESIDENT. Do-s the Senator from Colorado 
move to proceed to the consideration of the Calendar or to the 
consideration of the first bill on the Calendar? 

Mr. WOLCOTT. I move to proceed to the consideration of 
the first bill on the Calendar. 

The VICE-PRESIDENT. The question is on the motion of 
the Senator from Colorado, that the Senate proceed to the con- 
sideration of the first bill on the Calendar. 

Mr. WASHBURN. On that I call for the yeas and nays. 

The yeas and nays were ordered, and the Secretary proceeded 
to call the roll. 

Mr.HARRIS (when his name was called). Upon all ques- 
tions I am paired with the Senator from Vermont [Mr. MO:JRlLL]. 

Mr. PLATT (when liis name was called). I am paired with 
the Senator from Virginia [Mr. Hunton]. 

Mr. SAWYER (when his name was called). I am paired with 
the Senator from Minnesota [Mr. D.-vviS] on the antioption bill 
and a'l questions pertaining to it. 

Mr. WlfjSON (when his name was called). I have a general 
pair wiih the Senator from Georgia [Mr. Colquitt]; but I am 
advised that if he were pi'esent h3 would vote "nay" on this 
question, and I therefore vote. I vote "nay." 

The roU call was concluded. 

Mr. BUTLER. May I inquire if the senior Senator from Penn- 
sylvania (Mr. Cameron] has voted? 

' The VICE-PRESIDENT. The senior Senator from Pennsyl- 
vania is not recorded. 

Mr. BUTLER. Then I will withhold my vote. I am paired 
with him. 

Mr. C.\LL. My colleague [Mr. Pasco] is absent, and the 
Senator from Maryland [Mr. Gibson] has agreed to i)air with 
him. If my colleague were here he would vote " nay." 

Mr. GIBSON (after having voted in the affirmative). I with- 
draw my vote, and stand paii-ed with the Senator from Florida 
[Mr. Pasco]. If he were present, I should vote "yea." 

Mr. DIXON. I have a general pair with the Senator from 
Mississippi [Mr. W.\LTHALL], who is absent in the performance 
of duties imposed by the Senate. My colleague [Mr. Aldrich] 
is also absent and unpaired. I transfer my pair with the Senator 
from Mississippi to my colleague, and vote "yea." 

Mr. HIGGINS. I am jiaired with the Senator from New Jer- 
sey [Mr. McPherson), and in his absence I withhold my vote. 
I sliouldvote "nay " if he were here. 

Mr. HISCOCK. Has the Senator from Arkansas [Mr. Jones] 
voted? 

The VICE-PRESIDENT. He is not recorded. 

Mr. HISCOCK. I refrain fi'om voting, being paired with him. 

Mr. VEST (after having voted in the aflirrnative). I haVe a 
general pair on the antioption bill with the Senator from Kan- 
sas i Mr. Perkins]. I jjrefer to withdraw my vote under the 
circumstances. 

Mr. HIGGINS. I suggest to the Senator from Missouri [Mr. 
Vest], who is paired with the Senator from Kansas [Mr. Per- 
kins], and I being paired with the Senator from New .Tersey 
[Mr. McPherson], that we exchange pairs so that the Senator 
from Missouri and mj'self may vote. 

Mr. VEST. Verv well. 

Mr. HIGGINS. I vote " nay." 

Mr. VEST. I vote "yea." ' 

Mr. SAWYER. I am paired with the Senator from Minne- 
sota 1 Mr. DavisJ, but I see that no quorum has voted, and I have 
a right to vote under the circumstances. I vote " nay," us the 
Senator from Minnesota would vote if present. 

The result was announced — yeas 9, nays 31; as follows: 
yeas-9. 



Brice. 

Caftery, 

Dixon, 

Allison, J* 
Berry, «o 
Call, ^ 

Carey, ^ 
Chandler, 
Coc.irell, 03 
Coke, 03 

Dawes, t/3 

Aldrich, O 
Allen. 03 

Bate. '^T * 
Blaikburn(-3 
BlolgHtt, fn 
Butler. 
Cameron. Jr 
Carlisle, , <-> 
Casey, l-l- 
Colquitt, 
CuUom, 
Daniel, 



Palmer, 
Stewart, 



Vest, 
Vilas, 



NAYS— 31. 



Dubois, Kyle, 
Felton, " McMillan, 

Prye. Morgan. 

Callinger. Peffer. 

Ocorge. Pettjgrew, 

Hausbrough, Pugh, 

Higgins. ' Q.iay, 

Irby. Sawyer, 

NOT VOTING— 17. 

Davis. Hoar. 

Dolph, Hunton. 

Faulkner, Jones, Ark. 

Gibson, Jones. Nev. 

Gordon. McPherson, 

Gorman, Manderson, 

Gray, Mills, 

Hale, Mitchell, 

11 rris, Morrill, 

Ilawley, Paddock, 

Hill. Pasco. 

Hiscock, Perkins, 



White, 
Wi Icott. 



.Sherman. 

Shoup, 

Stock bridge, 

Teller, 

^'a^ce, 

Washburn, 

Wilson. 



Piatt, 

Power, 

Proctor, 

Ransom, 

Sanders, 

Squire. 

Stanford, 

Turpie, 

Voorhees, 

Walthall. 

Warren. 



1893. 



CONGEESSIONAL RECORD— SENATE. 



565 



The VICE-PRESIDENT. No quorum having voted, the roll 
will bo called. 

Mr. WOLCOTT. Pending the call of the roll, I move that 
the Senate adjourn. 

Mr. WASHBURN. On that I call for the yeas and nays. 

The yeas and nays were ordered, and the Secretary proceeded 
to call the roll. 

Mr. DIXON (when his name was called). I again announce 
the pair of my colleague [Mr. Aldrich] with the Senator from 
Mississippi IMr. Walthall], and I vote "yea.'' 

Mr. liARllIS (when his name was called). I am paired with 
the Senator f I'om Vermont [Mr. Morrill]. 

Mr. PLATT (when his name was called). I am paired with 
the Senator from Virginia [Mr. HUNTON]. 

The roll call was concluded. 

Mr. HISCOCK. Observing that the Senator from Arkan.sas 
[Mr. Jones] is present. I vote "yea." 

Mr. HANSBROUGH. I again announce my pair with the 
Senator from Montana [Mr. Sanders], and also the transfer of 
that pair to the Senatorfrom Nevada [Mr. .Jones]. I vote '' nay." 

The result was announced — yeas 11, nays 31; as follows: 



Brice, 

C:i£fery, 

Dixon, 



Allison, 
Berry, 

Call, 

Carey. 

Chandler, 

Coke, 

Dawes, 

Dubois, 



YEAS— 11. 

Hiscock, Quay, 

Hoar, Vest, 

Palmer, Vilas, 

NAYS-31. 

Fryo, Kyle, 

Gallinger, McMillan, 

George, Morgan, 

Hale, Peffer, 

Hansbrough, Petllgrew, 

Hingins, Proctor, 

Hill, Puffli. 

Irby, Sa%Tj'er, 



White, 
Wolcott. 



Sherman, 

Sboixp, 

Stockbrldge, 

Teller, 

Vance, 

Washburn, 

Wilson. 



NOT VOTING— 15. 

Aldrich, Daniel, Jones, Ark. Ransom, 

Allen, Davis, Jones, Nev. Sanders, 

Bate, Dolpb, McPherson, Squire, 

Blackburn, Faulkner, Manderson, Stanford, 

Blodgelt, Felton, Mills, Stewart, 

Butler, Gibson, Mitchell, Turpic, 

<':bBieron, Gordon, Morrill, Voorhees, 

Carlisle, Gorman, Paddock, Walthall, 

Casey, Gray. Pasco, Warren. 

CiickVell, Harris, Perkins, 

c.lquitt, Hawley, Piatt, 

(.'ullDm. Hunton, Power, 

So the Senate refused to adjourn. 

The VICE-PRESIDENT. No quorum having voted, the roll 
will be called. 

Tlio Secretary called the roll, and the following Senators 
answered to their names: 

Berry, Gallinger, Kyle, Shermau, 

Brice, George, McMillan, Shoup, 

Butler, Gibson, Morgan, Stockbridge, 

Caffery, Hale. Palmer, Teller, 

Call Hansbrough, Pasco, Vance, 

Chandler, H.arris, Petfer, Vest, 

Ciickrell, Hingins, Pettigrew, Vilas. 

Coke, Hill. Piatt, Washburn, 

Dawes, Hiscock, Proctor, White, 

Dixon. Hoar, Ptigh, Wilson. 

Dubois, Irby, Quay, 

Frey. Jones, Ark. Sawyer, 

The VICE-PRESIDENT. Forty-six Senators have responded 
to their names. A quorum is present. 

Mr. SHERM.\N. It is not usual for us to have a very long 
session on Satmday. I take the liberty of suggesting whether 
the Senate would not be willing, by unanimous consent, to agree 
now that the pending bill shall be disposed of on Wednesday 
next. On Monday the debate can go on. On Tuesday I under- 
stand certain addresses are to be made, and, in deference to the 
universal custom, we should adjourn when those addresses ai'o 
concluded. We shall not probably be able to do anything upon 
the bill on Tuesday. I have not participated in the debate to 
any e.xtent, but it soems to me that we ought now to agree that 
on Wednesday the bill shall be disposed of. We can commence 
immediately after the morning business upon that day, and cer- 
tainly on Monday and Wednesday any further debate desired can 
take place. I therefore ask unanimous consent of the Senate 
that the bill shall bs disposed of on Wednesday. 

The VICE-PRESIDENT. Is there objection to the request 
made by the Ssnator from Ohio? 

Mr. WOLCOTT. I object. 

Mr. SHERMAN. Thon all I can say is that I hope it the Sen- 
ator having the bill in charge has a majority of the Senate with 
him ho will try and cIo;e the matter out on Wednesday, because 
it is interfering with very important public business in which 
we are all interested, together with the appropriation bills and 
the entire Calendar. 

Mr. WASHBURN. In view of the objection made by the 
Senator from Colorado, I give notice that on Wednesday I shall 



ask the Senate to remain in session until we reach a vot« on the 
bill and amendments. 

Mr. QUAY. I move that the Senate proceed to the considera- 
tion of executive business. 

Mr. HOAR. Will the Senator withdraw the motion for one 
moment? 

Mr. QUAY. Certainly. 

FORM OF CREDENTIALS. 

Mr. HOAR. I ask the unanimous consent of the Senate to 
make a statement, which will take but a moment. 

I have received from a good many quarters in the States, and 
from State officials, applications in regard to the proper form of 
credentials of the members of this body. In the past some of the 
States have been in the habit of leading down tlie credentials with 
a greatdeal of suparlluous detail. Tiiey are becoming more and 
moi-e compact and brief year by year, but still frequently the best 
forms contain much that is entirely superlluous. For instance, 
it is quite the custom of the executive of a -State to certify that 
the person elected is a person .'iO years of ag.', who has been nine 
years a citi/.en of the United States, and is an inhabitant of the 
State from which he is chosen. I conceive that such a certilicate 
is absolutely without etTect. The governor is merely to certify 
to the electi(m of the person, and undoubtedly from the fact of 
hiselection the presumption arises, until something else is shown 
here, that ho is eligible, but the governor has no iue;msof know- 
ing whether h-, is eligible and has nothing to do with the fact. 

Then it has been the habit in som_' States to certify that the 
election was made by a concurrent vot.) of the two Houses or that 
the election was made on joint ballot in convention. If that 
were necessary, it would certainly in the latter cas ? bs necessary 
to certify carefully that all the steps or all the failures which 
were essential conditions of the power of the Legislature to elect 
in that form had oceuri'cd. 

I conceive that everything of that kind is accomplished by the 
term "duly elected," and that a certificate that A B was at a 
certain time duly elected by the Legislature of the State a Senator 
for a certain term, certified by the executive and countersigned 
by the secretary of state, is all that is necessary. 

Without any one being responsible for it but myself, I have 
prepared a form which I desire to have read and go into the 
Record, so that if the oflicials of the several .States shall Se-e fit 
they may conTorm to it. 

Mr. PASCO. Itefore it is read I will ask the Senator from 
Massacliusetts, through the Chair, whether it applies to an ap- 
pointment made by the governor as well as to an election? 

Mr. HOAR. No; it does not undertake to do that. 

Mr. PASCO. Does the Senator propose to suggest a form of 
that kind also? 

Mr. HOAR. I had not thought of doing so. 

The VICE-PRESIDENT. The paper will be read. 

The Chief Clerk read as follows: 

COMMONWE.'VI.TH OF MASSACHUSETTS. 

To the President of the Senate of the United Slates: 

This is to certify that on the l"tu day of January. In the year or our Lord 
1893. was duly elected by the Legislature of said CommonweaU li a Sena- 
tor to represent the Commonwealth of Massachu.setts in the .Senate of the 
United States for the term of six years, commencing the 4th day of March, 
A. D. 1893. 

Witness, his excellency. . om- governor, and our seal hereunto affixed 

at Boston, this — day of January, in the year of our Lord 1893, and the year 
of the Independence of the United States of America the one hundred and 
seventeenth. 



Secretary of the CammonweaUh. 
ELISHA BROWN. 

Mr. SAWYER. I ask the Senator from Pennsylvania to allow 
me to call up a little bill. It will take no ti-ae. 

Mr. QUAY. I will yield for that purpose only. 

Mr. SAWYER. I ask that the Senate proceed to the consid- 
eration of the bill (H. R. G9(W) for the relief of Elislia Brown. 

By unanimous cons.mt, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It jjroposes to jihuv^ on 
the pension roll the name of Elisha Brown, late a pri\ate in 
Company F, First Regiment United States Intautry, serving 
from February li), 1S2!), to February 18, 1834, and to allow him a 
pension at the rate of $l.j per month. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

EXECUTIVE SESSION. 

Mr. QUAY. I move that the Senate proceed to the considera- 
tion of executive business. 

The motion was agreed to: and the Senate proceeded to the 
consideration of executive business. After t?n minutcs^snont in 
executive session the doers were reopened, and (at 3 o'clock p. 
m.) the Senate adjourned until Monday, .fanuary 10, 1893, at 12 
o'clock m. 



566 



CONGRESSIONAL RECORD— HOUSE. 



jAJSrUAliY 14, 



CONFIRMATIONS. 

Executive nominations confirmed by the Senate January H, 1S93. 

CONSULS. 

Albert S. Twitchell, of Gorham, New Hampshire, to be con- 
sul of the United States at Santiag'o de Cuba. 

Ferdinaud C. Gottschalk, of California, to be consul of the 
United States at Stuttgart. 

.Tohn H. Grout, jr., of Massachusetts, to be consul of the 
United States at Bermuda. 

.Tohnson Bi-igham, of Iowa, to be consul of the United States 
at Aix la Chapelle. 

Fay Department. 

Lieut. Col. Charles M. Terrell, deputy paymaster-general, to 
bo assistant paymaster-general. 

Maj. .James P. Canby, paymaster, to be deputy paymaster-gen- 
eral. 

PROMOTIONS IN THE NAVY. 

Assistant Engineer Thomas F. Carter, tobs a passed assistant 
engineer. 

Assistant Engineer James M. Pickrell, to be a passed assist- 
ant engineer. 

Assistant Engineer Martin Bevington, to be a passed assist- 
ant engineer. 

Assistant Engineer Frederick C. Bowers, to be a passed assist- 
ant engineer. 

Assistant Engineer George R. Salisbury, to bo a passed assist- 
ant engineer. 

Walter M. McFarland, tobe apassed assistant engineer. 

Benjamin C. Bryan, to bs a passed assistant engineer. 

Harold P. Norton, to be a passed assistant engineer. 

Clai-ence A. Carr, to be a passed assistant engineer. 

Edward H. Scribner, to be a passed assistant engineer. 

Andrew ^I. Hunt, to be a passed assistant engineer. 

Frank M. Bennett, to be a passed assistant engineer. 

Passed Assistant EngineorHerschel Main, to be a chief engi- 
neer. 

Passed Assistant Engineer Holland N. Stevenson, to be a chief 
engineer. 

Ensign Walter S. Burke, of the Navy, to be an assistant engi- 
neer. 

Assistant Engineer Victor Blue, of the Navy, to be an ensign. 

Liput. (junior grade) Valentine S. Nelson to be a lieutenant. 

Lieut, (junior grade) Edward E. Wright to Ije a lieutenant. 

Passed Assistant Surgeon Charles T. Hibbett to be a- surgeon . 

Brownlee Robertson Ward, a resident of Connecticut, to be 
an assistant surgeon. 

Capt. William R. Brown, of the United States Marine Corps, 
to be a majoi'. 

POSTMASTERS. 

Leonard Miller, to bo postmaster at Hartley, in the county of 
O'Brien and State of Iowa. 

George F. Spence, to bs postmaster at Rolfe, in the county of 
Pocahontas and State of Iowa. 

Andrew C. Walker, to be postmaster at Northwood, in the 
county of Worth and State of Iowa. 

John J. Mc Williams, to be postmaster at Charter Oak, in the 
county of Crawford and State of Iowa. 

George J. Clark, to be postmaster at Primghar, in the county 
of O'Brien and State of Iowa. 

Evan Gibbons, to bo postmaster at DyersviUe, in the county of 
Dul5iique and State of Iowa. 

William H. McCune, to be postmaster at Rutliven, in the 
county of Palo Alto and State of Iowa. 

Samuel Mayne, to bs postmaster at Bancroft, in the county of 
Kossuth and State of Iowa. 

Henry Kettell, to be postmaster at Grand Junction, in the 
county of Greene and State of Iowa. 

.Jolan Knapp, to bs postmaster at Parkersburg, in the county 
of Butler and State of Iowa. 

Andrew S. McDowell, to be postmaster at Clayton, in the 
county of Adams and State of Illinois. 

Charles H. Sneed, to be postmaster at Benton, in the county 
of Franlvlin and State of Illinois. 

Jacob T. Moss, to be postmaster at Rogers Park, in the county 
of Cook and State of Illintiis. 

Josiah Baker, to ha postmaster at Sheldon, in the county of 
Irociuois and State of Illinois. 

Frank H. B.in:;s, lobi^ p istmasterat Chatsworth, in thecounty 
of Living.^ton and State of Illinois. 

Caleb Hoopes, to be postmaster at Sumner, in the county of 
Lawrence and State of Illinois. 

Mrs. Susan M. McEwen, to be postmaster at Oakdale Station, 
in the county of Alleghenj and State of Pennsylvania. 



Johnson D. Neely, to be postmaster at Den-y Station, in the 
county of Westmoreland and State of Pennsylvania. 

James M. Perrin, to be postmaster atChartiers, in the county 
of Allegheny and State of Pennsylvania. 

Miss Faustina M. Towle, to be postmaster at Gaylord, in the 
county of Otsego and State of Michigan. 

John L. Merriam, to be postmaster at South Riverside, in the 
county of San Bernardino and State of California. 

Joseph E. Mitchell, to be postmaster at State College, in the 
county of Center and State of Pennsylvania. 

Jesse H. Hunter, to be postmaster at Niles, in the county of 
Trumbull and State of Ohio. 

Frank Simmons, to be postmaster at Evergreen, in the county 
of Conecuh and State of Alabama. 

Charles D. Cutting, to be postmaster at Clinton, in the county 
of Lenawee and State of Michigan. 

Chester L. Rix, to be postmaster at West Lebanon, in the 
county of Grafton and State of New Hampshire. 

Ernest Olday, to be postmaster at Little Valley, in the county 
of Cattaraugus and .State of New York. 

Charles D. Straight, to be postmaster at Cattaraugus, in the 
county of Cattaraugus and State of New York. 

Prank J. Loucks, to be postmaster at Dolgeville, in the county 
of Herkimer and State of New York. 

Robert W. Matteson, to be postmaster at Caledonia, in the 
county of Livingston and State of New York. 

Miss Emma F. Stevens, to be postmaster at Blackfoot, in the 
county of Bingham and State of Idaho. 



HOUSE OF EEPEESENTATIVES. 

Saturday, January 11, 1893. 

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. 
W. H. MiLBURN, D. D. 

Tlie Journal of the proceedings of yesterday was read and ap- 
proved. 

ANNUAL REPORT FROM THE BUREAU OF AMERICAN REPUBLICS. 

The SPEAKER laid before the House the following message 
from the President; which was read, referred to the Committee 
on Foreign Affairs, and ordered to be printed: 
To the Senate and I/oitse of EepreseTitatives: 

I transmit herewith for your Intormalion a letter from the Secretary ol 
State, inclosing the annual report of the Bureau of American Repuhlics for 
the year ending June 30, 1892. 

BENJ. HARRISON. 
ExEctiTn'E Mansion, January 13, 1S93. 

MILITIA OF THE DISTRICT OF COLUMBIA. 

The SPEAKER also laid before the House a letter from the 
Secretary of the Treasury, transmitting estimates of deficiencies 
in ajipropriations for the militia of the District of Columbia for 
the fiscal year 189;^, and for prior years; which, with accompany- 
ing papers, was referred to the Committee on Appropriations, 
and ordered to be printed. 

APPROPRIATION FOR FOREIGN MAILS. 

The SPEAKER also laid before the House a letter from the 
Secretary of the Treasury, transmitting an estimate of appro- 
priation, submitted by the Postmaster-General, for transporta- 
tion (if foreign mails for the fiscal year ending June 30, 1894; 
wliich, with accompanying papers, was referred to the Commit- 
tee on Appropriations, and ordered to be printed. 

SUPPORT OP NATIVE I.NTHABITANTS OF ALASKA. 

The SPEAKER also laid before the House a letter from the Sec- 
retary of the Treasury, recommending an appropriation for the 
support of the native inhabitants of Alaska, for the fiscal year 
ending June 30, 1894; which was referred to the Committee on 
Apjjropriations, and ordered to be printed. 

DELAWARE BREAKWATER QUARANTINE STATION. 

The SPEAKER also laid Ijefore the House a letter from the 
Secretary of the Treasury, with inclosures, relating to the esti- 
mate of appropriations for the Delaware Breakwater quarantine 
station; which, with accompanying papers, was referred to the 
Committee on Appropriations, and ordered to be printed. 

EXPENDITURES IN THE N.^VY DEPARTMENT. 

The SPEAKER also laid before the House a letter from the 
Secretary of the Navy, transmitting a detailed statement of the 
expenditures for that Departmentfor the fiscal year ending June 
30, 1892; which, with the accompanying papers, was referred to 
the Committee on Expenditures in the Navy Department, and 
ordered to be printed. 

JOHN DEATON VS. THE UNITED STATES. 

The SPEAIvER also laid before the House a letter from the 
assistant clerk of the Court of Claims, transmitting copy of the 



1893. 



CONGRESSIONAL RECORD— SENATE. 



597 



and extortionate chargos of transportation have operated in fix- 
ing tlie price to the disadvantage of tlie producer. Still, under 
our existing system it is an actual and legitimate price unaf- 
fected by dealings in fictitious products, unaffected by fictitious 
transactions which represent only the opinion of one man that a 
staple will be more valuable at a future time, and on the other 
side the opinion of another man that it may ha less valuable. 

If at a great center of exchange, whore the value of all staples 
is fixed by a system of contracts of fictitious sale and delivery in 
the future an opinion with all producers shall bcj mad. that 
prices will rule lower or in the decreasing scale, then we can 
see that those who are compelled to sell will take a lower price. 
The opinion having been created that the staple which tlioy own 
will decrease in value, those who hold it and are obliged to sell 
will of necessity take a lower price. 

We can also see that the constant tendency, effect, and purpose 
of a system of large fictitious sales for future fictitious delivery 
must have adepressing effect on natural prices. 

There is a legitimate price for staples, the cost of production 
■with a marghi of profit to the producer and the costof transpor- 
tation and exchange with a margin of profit to those engaged 
in it. 

This is the necessary margin of profit. Prices can not fall bo- 
low this without the cessation of permanent production and all 
above it is the margin of speculative profit by middlemen and 
has no real or proper i-elation to reasonable and fair prices. 

It is certainly legitimate and perhaps beneficial that this sys- 
tem of fixing prices l^y natural causes should be supplemented by 
the competition between buyers for speculative reasons: but un- 
questionably it ought not to be allowed that they shall be inllu- 
enced in any way by the fictitious sale and purchase and the fic- 
titious delivery of vast amounts of these staples not in exist.'nce, 
thus giving a power to great centralized organisms to create an 
opinion unfavorable to the value of these great staples while in 
the hands of the nroducer. 

We will suppose that some men who speculate or deal in cotten 
are of the opinion that the supply of cotton will be very short, 
and the price rule high; other men are of the opinion that it will 
rule low. 

The men who think cotton will rule high will agree to buy on 
future delivery, and the men who think it will rule low will 
agree to sell for future delivery, and if the opinions of all these 
men were fairly collected evei-y day and sent out they would ba 
nearly equal, and the producers in the country having cotton 
might properly say opinions are even and nothing can bj seen 
from them as to the effect of these opinions on prices to-morrow. 
But the fact is that these reports of the sales for future delivery 
made in the great exchanges of the world must have an effect 
in fixing the price for both presentand future actual delivery. 

If I want to buy any staple for future use, and I find that the 
prevailing rato for future pretended delivery is a certain I'ate, I 
will not give a larger price than the prevailing rate for future 
delivery, esijecially when a powerful corporation guarantee's the 
difference between the exchange price for future deliveries and 
the contract price, whatever it may be. Is not the contract price 
in the exchanges of the world for futures entirely within the con- 
trol of combinations between the great operators on these boaids 
and subject to be fixed by them arbitrarily and in their own in- 
terest, and with reference only to getting these staples out of the 
hands of the producer before the law of supply and demand shall 
have increased their value to the natural and legitimate price? 
This seems to be the necessary, logical, and inevitable conclu- 
sion. 

If it be true, if it be possible, if it be probable, it requires of 
intelligent legislation that all the power of intellect and research 
should be addres-ed to its prevention, for itmeans nothing more 
nor less than that a power to fix the value of each man's labor; 
and the amount that he shall receive for his compensation and 
for the support of his family is left to those whose interest it is to 
imnoverish him, leaving liim only the baro necessaries of life. 

It this be true, let us inquire, then, how long can the producers 
stand a system in which a scant and insuttieientshare to support 
life of the proceeds of their own labor is assigned to them by an 
arbitrary power which appropriates the greater part to their 
own enormous enrichmentV 

The answer, Mr. President, is not difficult to find. It will 
only be until the conviction of the fact becomes general. Then 
their indignation will know no bounds, and may become dan- 
gerous to peace and good order unless wise legislation shall 
remedy the evil here and now. Under all conditions that have 
been heretofore devised the producer has been at a great disad- 
vantage in the sale of his productions. The progress of poverty 
has kept pace with the discovery of labor-saving inventions and 
with the improvements in transportation and the new methods 
of sale and distribution. 
The increase of corpoi-ate property and wealth has kept pace 



with the decrease of the individual ownership of land and prop- 
erty by the great body of the people. 

Discontent, dissatisfaction, wild schemes of agrarian legisla- 
tion and of socialistic systems, misleading the people, are the re- 
sults of this impoverishment, this arbitrary diminution of the 
value of each man's labor, this taking from him for the enrich- 
ment of others under commercial processes and systems a larger 
share of his labor than is necessary for its just and proper ex- 
change. 

Vast burdens of debt have been created on the producer.s, and 
their creditors are the men who produce nothing, but handle tho 
the results of their labors. 

The lives of the great mass of the people grow harder every 
day. There is something wrong in our industrial economies. 
The people demand of us that wo shall at least endeavor to find 
and remedy it. 

Therefore, Mr. President, this legislation, however imperfect 
and tentative it may be, is in the line of th'" demand of tho peo- 
ple and of public ojjinion. They Ixdievo, as I think, that it is 
progress in tho industrial economy, in tho lino of the preserva- 
tion of private proi)erty and of our existing institutions, that 
corporate power may exist and yet bo subject to control and lim- 
itation. In my judgment, they are not to be deluded with tho 
idea that the 'limitations of po'wer in tho Federal Constituticin 
l)rovent the rep:-es ■ntatives of the States and tlic pcoiile from 
exercising such power and effecting such legislation as shall be 
adequate to their protection against any evils which tiireaton 
tho destruction of the commerce of this country. 

T, thoi-efore, Mr. President, am in favor of tho principle of the 
bill, and shall votiS first for tho amendment of tho Senator from 
Mississippi. 

Mr. PLATT. It occurs to mo that th^ matter now under dis- 
cussion is of sufficient importance so that at least an eighth or a 
tenth of the Senate should listen to tho discussion. I suggest 
the want of a quorum. 

The VICE-PUKSIDKNT. Tho roll will bo called. 

The Secretary called tho roll, and tho following Senators an- 
swered to their names: 



Allison, 

Berry, 

Hrlce, 

Huller, 

Caftery, 

Call, 

Chandler, 

Coke, 

Dixon, 

Dolph, 

Dubois, 

Galllnper, 



George, 

Gibson, 

G orilou, 

Hiuisbroiigh, 

Harris, 

Hlggins, 

Hill, 

Hoar, 

Hutu on, 

JoMi'S, Ark. 

McMillan. 

McHlierson, 



Mills, 


Squire, 


Palmer, 


Stownrt, 


Pefter, 


Sioekbrldge, 


Potllgrew, 


Vauce, 


Piatt, 


Vest, 


Power, 


VllaH, 


PuKll. 


Walthall, 


Quay, 


Washburn, 


Itansom, 


White, 


Sawyer, 


Wilson. 


Shoimau, 




Shoup, 





Mr. TELLER. My colleague [Mr. Wolcott] is detained at 
home by sickness. 

Mr. CHANDLER. I wish to announce that the Senator from 
Illinois [Mr. Cullom] is detained from the Senate by sickness. 

Mr. CALIj. I wish toannounce thatmy colleague [Mr. PascXI] 
is detained from I ho Senate on business. 

Tho VICE-PRE.SIDENT. Forty-six Senators have ro.-ponded 
to their names. A quorum is present. The question recurs on 
agreeing to the amendment proposed by tho Senator from Wis- 
consin [Mr. ViLAs|. 

Mr. HOAR. Let it be read. 

The VICE-PRESIDENT. The amendment will bo read. 

The Chief Clerk. In section 2, line 15, after the word 
"thereof,'' insert: 

And does not in good faith intend to purchase and deliver the articles con- 
tracted to be sold and delivered according to the terms and requlremimta of 
such contract. 

So as to read: 

That tor tho purposes of this act the word "futures" shall he understood 
tn rat- an any contract or a-^reement whereby a party contracts or aifrecs to 
sell and deliver to another or others at a future time, or within a dpslcnated 
ijeriod, auy of the artieles meutioueil lu sect ion .lot thisact. wheuat Ihetlme 
of niaklug such contract or a,'reemeiit the party so c iniractlnK or agreeing 
toselland make such delivery, or the party for whom he acts as agent, broker, 
or employe in making such contract or agreement, is not the owner of the 
article or articles so contracted or agreed to be sold and delivered, or h;i3 
not theretofore acquird by purchase <and Is not then entitled to tlic right to 
the future posse.-ision of such article or articles under and by viriu" I'f a con- 
tract or agreement for the sale and future delivery thereof previously made 
l)v the owiier thereof and does not in good faith intend to purchase and de- 
liver the articles contracted to be sold and delivered according to the terms 
and retiuirements of such contract. 

Mr. WHITE. Mr. Pi-esideut, in the course of the remarks of 
the Senator from Illinois [Mr. Palmkr] the other day I sub- 
mitted a question as to the operation of this liill unless the 
amendment be adoptod. I now desire to restate that qu-st ion m 
as few words as lean, in a plain, business way, because I conceive 
that the bill without tho amendment will be a bill of pains and 
penalties against cotton farmers in the Southern country. I 
think I can demonstrate that in a very few words. 

The testimony taken before the two committees establishes the 
fact indubitably that much the larger proportion of the crop 



598 



CONGRESSIONAL RECORD— SENATE. 



January 16, 



in the Southei-u country is made by advances obtained from fac- 
tors for that purpose. Formerly the factor who made the ad- 
vance was generally a factor living in some center of trade. In 
the operation of tlio modern system the advance which is made 
to make the crop, as a usual rule, in consequence of the great sub- 
division of land, is made by merchants in the interior towns. 
Their capital not being adequate to make this advance them- 
selves, the usual form of contract which they make is a contract 
by which the merchant in the interior town agrees to advance a 
given sum of money to the cotton-raiser to enable him to make 
his crop, stipulating that for a given unit of money advanced a 
given quantity of cotton shall ba shipped to the merchant. 

The result of the system is that the money with which the 
croi^ is made is obtained immediately by the planter from the 
interior town, but the money which the merchant in the interior 
town advances is obtained from a money center. In other words, 
not having the capital himself to carry on the business, he ob- 
tains the money f i-om a money center. Now, how does he ob- 
tain it? He takes his contracts. He produces those contracts 
and he says, "Here I have contracts to advance $30,000, and as 
an equivalent of that $30,000 I am to get what'? So many bales 
of cotton. I wish to borrow the money from you to make this 
advance." That is the usual and customary form in which cot- 
ton is i-aised in the Southern country. I think there is no mis- 
apprehension or mistake about that. 

Now, how isthe money obtained? When the merchantfrom the 
interior town comes in with his contract, tlie statement is made 
to him, "I will advance you this money, but the only security 
outside of your credit that I have is the cotton, and the price 
the cotton is to sell for becomes a question which I must deter- 
mine before I can make the advance. It you will allow me to 
determine that question now, and .sell for future delivery at a 
market which is satisfactory to me so as to insure the price I am 
to get for the cotton, I will make you the advance.'' There is 
not a bank in the Southern country to-day that advances money 
to the larger factors which has not back of the loans these con- 
tracts \vith the price of the property guaranteed by the sale at 
the time the contracts are made. 

Now, what does this bill provide? The bill does not allow the 
merchant to sell. That is perfectly plain. The merchant will 
not be able under the bill to do it. But who under the bill will be 
able to do it? The farmer. Under this bill the farmer can .sell 
his crop growing and in process of being made. 

Therefore the inevitable operation of the bill will be that when 
the farmer i^resents himself to get the advance the answer will 
be, '"I can advance you the money, but I can not obtain the money. 
I am placed in a position where I can sell under the future sys- 
tem in ordei- to guarantee a price which warrants me. I will 
make you the advance provided you transfer to me your light 
to sell your crop." This bill allows that. 

So the inevitable operation of this section of the bill, unless 
you put this amendment in it, will be to take from every farmer 
in the Southern country who goes to borrow $1 to raise a crop 
the right to sell that crop at the time of the making of the con- 
tract. Therefore, this is a bill to force all the farmers of the 
Southern country, who are not rich but are poor, to sell their 
crop while the seed is in the ground and before the germination 
has taken place, and thus to force them against their will to be- 
come speculators in the sale of their crop at the very incipiency 
of the season. 

I say this is as plain to me as that two and two make four, and 
if you pass the bill without allowing the i^erson who has the 
bona fide intention to purchase and deliver, the necessary op- 
eration of the bill will be to force every cotton farmer who has 
not the money to make his own crop to become a speculator in 
that crop before the crop is out of the ground, and to dispose of 
his crop as part of the contract to obtain the necessary advance 
to make it. ' Such being the inevitable consequence of this bill 
unless you adopt that amendment. I bog that the amendment 
be seriously weighed befoi'e it shall be voted down. 

The VICE-PRESIDENT. The question is on agreeing tothe 
amendmentproposed by the Senator from Wisconsin [Mr. Vilas], 
on which the yeas and nays have been ordered. 

The Secretary proceeded to call the roll. 

Mr. HANSB'ROUGII (when his name was called). I am 
paired with the Senator from Montana [Mr. Sanders]. I trans- 
fer that pair to the Senator from Nevada [Mr. Jones], and vote 
"nay." 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. Morrill,]. 

Mr. HILL (when his name was called). I am paired with the 
Senator from South Carolina [Mr. Irby]. If he were present I 
should vote "yea." 

Mr. DOLPH (when Mr. Mitchell's name was called). My 
colleague [Mr. Mitchell] is unavoidably detained from the Sen- 
ate by an affliction in his family- I have been requested to pro- 



cure a pair for him, but I have been unable to learn who is ordi- 
narily paired with him and have been unable to do so upon thi? 
vote. If any Senator upon the other side of the question will 
pair with him, I shall be glad to have him do so. 

Mr. HOAR (after having voted in the affirmative). I will 
cheerfully pair with the Senator's colleague. 

Mr. DOLPH. My colleague is in favor of the bill. 

Mr. HOAR. Yes; and I am opposed to it. 

Mr. DOLPH. That will be satisfactory. 

Mr. HOAR. I withdraw my vote. 

Mr. PLATT (when his name was called). My eolleaguo [Mr. 
Hawley] is absent, and writes me that as the bill has been 
amended he is in favor of it. He requests mo to obtain a pair for 
him. I have no doubt that he would vote against the pending 
amendment, and as I should vote for it, I will pair with him. 

Mr. SAWYER (when his name was called). lam paired with 
the Senator from Minnesota [Mr. Davis] on the bill and all 
amendments. 

Mr. SQUIRE (when his name was called). I am paired with 
the Senator from Virginia [Mr. Daniel] and therefore with- 
hold my vote. 

Mr. VEST (when his name was called). I am paired with the 
Senator from Kansas [Mr. Perkins]. It he were present I should 
vote ■• yea '' and he would vote '• nay." 

Mr. WILSON (when his name was called). Upon this ques- 
tion I am paired with the Senator from Virginia [Mr. Daniel]. 
Otherwise I should vote " nay.'' , 

The VICE-PRESIDENT. The Senator from Washington [Mr. 
Squire] has announced a pair with the Senator from Virginia 
[Mr. Daniel]. 

Mr. WILSON. Although I have a general pair with the Sen- 
ator from Georgia [Mr. COLQTIITt], I am advised if he were 
pi-essnt he would vote ''nay." I will therefore vote. I vote 
"nay." 

Mr. TELLER (when Mr. Wolcott'S name was called). My 
coUeag'ue [Mr. Wolcott] is detained from the Senate by sick- 
ness. I will pair with my colleague. I should vote "nay,'' and 
if he were present ho would vote "yea." 

The roll call was concluded. 

Mr. DIXON. My colleague [Mr. Aldrich] is absent unpaired. 
I suggest to the Senator from Missouri [Mr. Vest] that he trans- 
fer his pair with the Senator from Kansas [Mr. Perkins] to my 
colleague. 

Mr. VEST. Very well; I vote " yea.'' 

Mr. BUTLER. I am paired with the Senator from Pennsyl« 
vania [Mr. Cameron]. 

Mr. GORDON. I am paired with the Senator from Wyoming 
[Mr. Warren], but I imderstand that if he were here he would 
vote "nay," and I will therefore vote. I vote " nay." 

Mr. CARLISLE. I am paired on the bill and all amendments 
with the Senator from North Dakota [Mr. C.\SEY]. If he were 
present I should vote "yea." 

Mr. SQUIRE. I announced my pair with the Senator from 
Virginia [Mr. Daniel], but I understand a different arrange- 
ment has been made, and that the Senator from Iowa [Mr. Wil- 
son] is paired with that Senator. 

The VICE-PRESIDENT. The Senator from Washington 
c^eiTectly stands paired with the Senator from Virginia [Mr. 
Daniel]. 

Mr. SQUIRE. I should vote "nay'' if I were not paired. 
However, my pair with the Senator from Virginia only applies 
to the main question. 

Mr. JONES of Arkansas (after having voted in the affirmative). 
I have a general pair with the Senator from New York [Mr. HlS- 
COCK]. I have just voted, and I take the liberty of transferring 
my pair to the Senator from Florida [Mr. Pasco]. 

Mr. CALL. I wish to announce that my colleague [Mr. Pasco] 
is paired on this amendment with the Senator from New York 
[Mr. Hiscock]. If my colleague were present he would vote 
"nay.'' 

Mr. GORMAN (after having voted in the affirmative). I have 
a general pair with the Senator from Maine [Mr. Frye]. I notice 
his name is not recorded, and I withdraw my vote. ' 

The result was announced — yeas 12, nays 33, as follows: 
yeas— 13. 



Caffery. 


Jones, Ark. 


Palmer. 


Vest. 


Dixon, 


McPherson, 


Power. 


Vilas, 


Gibson, 


Mills. 


Stewart. 
NAYS-33. 


White. 


Allison. 


Dolph. 


Kyle. 


Stockbridge 


Berry, 


Dubois. 


McMillan, 


Vance. 


Blackburn. 


Galliuger, 


Maudorson. 


Voorhee.^^, 


Call, 


George, 


Morgan. 


Walthall, 


Carey. 


Gordon- 


Pefler. 


Washburn. 


Chandler, 


Hale. 


Pugh, 


Wilson. 


Cockrell. 


Hausbrough. 


Quay. 




Coke, 


Biggins, 


Ratisom. 




Dawes, 


rrnHHaVIW^/,!. 


«.,^1<U:'«5Av 





1893. 



CONGRESSIONAL REOOIID— SENATE. 



599 



NOT 


\-OTING— 12. 




Daniel. 


Hoar, 


Sanders, 


Davis. 


Irby, 


Sa\\'yer, 


Faiilkuer, 


Jones, Nev. 


Shoup, 


Felton, 


Mitchell, 


Squire. 


Frye. 


Morrill. 


Stanford 


Gorman, 


Paddock, 


TeUer. 


Gray. 


Pasco. 


Turple, 


Harris, 


Perkins, 


Warren, 


Hawley, 


Pettigrew, 


Wolcott. 


HUl. 


Piatt, 




Hiscock, 


Proctor, 





Aldrich, 

Allen. 

Bate. 

Blodgett, 

Brlce, 

Butler. 

Cameron, 

Carli.slc, 

Casey, 

Colquitt. 

Cullom, 

So the amendment was rejected. 

The VICE-PRESIDENT. The question recurs on agreeing to 
the amendment proposed by the Senator from Virginia [Mr. 
Daniel], to strike out section 10 of the bill. 

Mr. WASHBURN. Before the amendment of the Senator 
from Virginia is acted upon I will offer an amendment to which 
I think all will agree. I offer it to meet the suggestion of the 
Senator from Massachusetts [Mr. Hoar]. 

The VICE-PRESIDENT. The amendment proposed by the 
Senator from Minnesota will bo stated. 

The Chip:f Clerk. In section 2, line 27, after the word 
" planter," insert : 

Nor to any agreement to pay or deliver a pirt o( tlio product ot land as 
compensation tor its use or as compensation for work or labor done or to 
be done on the same. 
The amendment was agreed to. 

Mr. WASHBURN. I wish to offer another amendment. I 
shall not ask the vote of the Senate on it to-day, but call the at- 
tention of Senators to it. I move on page 22, in section 15, line 
3, to strike out " September " and insert •' .July:" and in the same 
line, to strike out ■' 1892" and insert " 1S93;" so as to have the 
bill take cl ect on the 1st day of -luly. 1893. 
The VICE-PRESIDENT. The amendment will be stoted. 
The Chief Clerk. In section 1.5, line 3, after the words 
" day of," it is proposed to strike out " September," and insert 
"July'-' .and in the same line, after the word "year," to strike 
out '• 1892 " and insert " 1893;" so as to read: 

That this act shall take effect and be in force from and after the 1st day of 
July of the year A. D. 1893. 

Mr. BUTLER. May I inquire of the Senator from Minnesota 
why he offers that amendment to substitute ".luly" for "Sep- 
tember "y 
Mr. RANSOM. The bill now reads " September, 1892." 
Mr. BUTLER. I think " September, 1893," ought to be sub- 
stituted for "July, 1892." 

Mr. WASHBURN. I propose to substitute "July, 1893," for 
"September, 1892." 
Mr. BUTLER. " September, 1B93," it ought to be. 
Mr. WASHBURN. If there be no objection, I will ask for a 
vote on the amendment at this time. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment proposed by the Senator from Minnesota [Mr. Wash- 
burn]. 
The amendment was agreed to. 

The VICE-PRESIDENT. The question recurs on the amend- 
ment heretofore offered by the Senator from Virginia [Mr. 
Daniel]. 
Mr. HOAR. Let the amendment be stated. 
Mr. GEORGE. Have all the amendments which have been 
offered to the body of the bill been acted upon? 

The VICE-PRESIDENT. All the amendments have been 
acted upon with the exception of the amendment of the Senator 
from Virginia [Mr. Daniel], which is now pending. The 
amendment will be read. 

The Chief Clerk. It is proposed to strike out section 10 in 
the following words: 

Sec. 10. WheneTer any contract or agreement for the sale and future deliv- 
ery ot any of the articles mentioned in section 3 of this act shall be made, and 
the making thereof shall not be reported by the collector ot internal revenue, 
as required by section 9. and Itshall come to the knowledge of such collector. 
or he shall have reasonable cause to believe that the party by whom such 
contract or agreement was made as vendor was not. at the time of the mak- 
ing thereof, the owner of the article or articles which were the subject of, 
embraced in, or covered by such contract or agreement, and had not then ac- 
quired, and was not then entitled to the right to the future possession of such 
article or articles under and bv virtue ot a contract or agreement for the sale 
and futm-e delivery thereof previously made by the owner of such article or 
articles, it shall be the duty otsuch collector to require the party who shall 
have made such contract or agreement as vendor to forthwith furnish to such 
collector proof of such vendor's ownership, or right or title to the future 
possession of the article or articles so embraced In or covered by such con- 
tract or agreement, and said party shall thereupon make, and file with 
such collector, an affidavit stating b/ whom the said article or articles were 
owned at the time said contract or agreement was made, and. If affiant was 
not at that time such o^vner. whether at the time of making such contr.act 
or an-reemeut afBant was entitled to the right to the future possession of 
said article or articles, and how such right was acquired. Such affidavit 
shall also state the warehouse, elevator, or other place where said article 
or articles are stored, or, if the same be then in the possession ot a ves- 
sel, railroad, or other carrier for transportation, the name of such vessel, 
railroad, or carrier, and the number aud date of each separate bill of lading 
or receipt issued by such vessel, r.ailroad, orcarrierlhereof.and the amount 
or quantity of such article or articles called for by such bill ot lading or re- 



ceipt; and such affidavit shall further state the amotmt or quantity of other 
articles of the kind embraced In aud covered by such contract or agreement 
which saldatBantls then the owner of. or entitled to the possession of. 
and any and all contracts or agreements which afllaut may have made, and 
which are then outstanding and remaining uncanceled, for the sale aud fu- 
ture delivery of any such article or articles of such kind. And said party la 
further retiuirod. It demanded by such collector, to exhibit to the collector 
the original receipt of the warehouse or elevator where the aforesaid article 
or articles are then stored, or the bill ot liuling or receipt ot the vessel, rail- 
road, or other carrier having possession of s.aid article or articles for trans- 
portation. And In case said party shall fall or refuse to make ami tile with 
the collector the said afllda\'it when so required, or shall fall or refuse to ex- 
hibit the said warehouse or elevator receipt or said bill of lading, when so 
demanded, such failure or refusal shall constitute and be d.^.ni.nl and held 
to be prima fane evidence that the contract ox agreement so mailo by said 
party was a " futures" contract or agreement as descrit)t"l aud dellued In 
sections of this act, and said party shall thereui)on h^-otne liable aud be re- 
quired to pay to said collector upon the article or a' ■ ' 'i are the sub- 
ject of. embraced In, or covered by such contr.nl o, ■ ihc amount 
or amounts of special taxes Imposed and rcqtilred i ■■( this act to 
bo paldfor and upon an article or .articles ot the sani" ki-.i'i \\ :i.'U sold under 
any " futures " cont tact or agreement ; and If when sucli cont ract was niaiie 
the party making the same was not authori-/.et by a crililcate issued to 



party! „ — 

him under the provisions of section h ot tl.i i • • • ■ ' .. .,. .--.^.^ ^q^. 
tracts or agreements, then said party shall I be re- 

quired to p.ay the further sum ot Jl.lXWpre- of thb* 

act as aUccnse tee forconductlug the biLslU' 3^ "I ..•ii-i m . ■ ui.-^." 

Mr. PALMER. I call for the yeao and nays on agreeing to 
the amendment. 

The yeas and nays were ordered; and the Secretary proceeded 
to call the roll. 

Mr. BUTLEK (when his name was called). I am paired with 
the Senator from Pennsylvania [Mr. Cameron]. 

Mr. CARLISLE (when his name v.-as trailed). I am paired on 
this question with the Senator from North Dakota [Mr. Casey]. 

Mr. HARRIS (when his name was calloti). I am paired with 
the Senator from Vermont [Mr. Morrill]. 

Mr. HIGGINS (when his name was called). I am paired with 
th*. senior Senator from New Jersey (Mr. McPiiersonI. I do 
not see him in the Chamber, and in his absence I withhold my 
vote. 

Mr. VEST (when his name was called). I am paired with the 
Senator from Kansas [Mr. Perkins] onthisbill and the amend- 
ments to it; but I will transfer that pair to the Senator from 
Rhode Island [Mr. Aldrich] and vote. I vote "yea." 

Mr. WILSON (when his name was called). Being informed 
thattlie Senator from Georgia [Mr. COLQUiTT], with whom lam 
paired, would, if present, vote "nay" on the amendment, I vote 
"nay." 

The roll call was concluded. 

Mr. HOAR (after having voted in the affirmative). I vot«d 
on this amendment, not knowing at the time that the Senator 
from Oregon [Mr. Dolph] expected that my pair with his col- 
league [Mr. Mitchell] would continue through all the votjs to- 
day'. I now withdraw my vote. 

Mr. TELLER. On the former vote I was paired with my col- 
league [Mr. Wolcott]. who is detained from the Senate on ac- 
count of sickness, but that pair has been transferred to the Sen- 
ator from Wyoming [Mr. Warren], and therefore I am at lib- 
erty to vote. I vote "nay." _ . . 

Mr. MORGAN. I am paired with the Senator from Virginia 
[Mr. Daniel] on this question. If he were present I should 
vote " nay." 

Mr. PLATT. I am paired with my colleague [Mr. HaWLEyI 
on this bill and the amendments to it. If he were present I 
should vote "yea." 

Mr. CALL. I wish to state that the pair of the Senator from 
Arkansas [Mr. JONES] with the Senator from New York [Mr. 
Hiscock] has been transferred to my coUeagiie [Mr. Pasco]. If 
be were h re mv colleague would vote " nay." 

Mr. SAWYER. I am paired witli the Senator from Minnesota 
[Mr. Davis], but I have the liberty to vote to make a quorum, 
and as my vote will not make any difference in the result I vote 
" yea." 

The result was announced— yeas 13, nays 32; as follows: 

ye.\s— 13. 

Brice. 
Caftery, 
Dixon, 
Gibson. 



Allison. 

Berry, 

Blackburn, 

Call, 

Carey. 

Chandler, 

Cockrell. 

Coke. 



Aldrich, 

Allen, 

Bate, 

Blodgett, 

Butler, 



Hill, 


Pugh, 


While. 


Jones, Ark. 


Sawyer, 




Mills, 


Stewart, 




Palmer. 


Vest. 
NAYS— 33. 




Dawes, 


Hunton, 


Squire, 


Dubois, 


Kyle. 


Stockbrldgo 


Felton. 


McMillan, 


Teller, 


Frye. 


Manderson, 


Vance, 


Ga'lUnger. 


Pefter, 


Voorhees, 


George. 


Power, 


Walthall, 


Gordon. 


Quay. 


Washburn, 


Hansbrough, 


Sherman. 


WUson. 


NOT voting— 13. 




Cameron, 


Daniel, 


Gray. 


Carlisle. 


Davis, 


Hale. 


Casey. 


Dolph. 


Harris. 


CoUiuitt, 


Fau.kner. 


Hawley. 


Cullom, 


Gorman, 


Hlgglns. 



For subject see Index. 



600 



CONGRESSIONAL EECORD— SENATE. 



jA2JtJAIlY 16, 



Hiscoclc, 


Morgan, 


Hoar, 


Morrill. 


Irby, 


Paddock, 


Jones, Nev. 


Pasco, 


McPherson, 


Perkins, 


MItcheU, 


Pettigrew 



Piatt, 


Turple, 


Proctor, 


Vilas, 


Ransom, 


Warren, 


Sanders, 


Wolcott. 


Shoup, 




Stanford. 





So the amendment was i-ejected. 

Mr. GEORGE. All of the amendments to perfect the bill 
having been disposed of, I offer an amendment to strike out all 
after section 3 of the bill, except the last section, which refers 
to tlie time when the bill is to go into operation, and insert in 
lieu of the part proposed to be stricken out that which I send to 

t Vl f fl P S K 

The vicE-PKESIDENT. The amendment will be stated. 
The Secretary. It is proposed to strike out, beginning with 
section 4 to the close of section H of the bill, and insert: 

Sec. 4. That "options"' and "futures," as hereinbefore defined, are hereby 
declared to be obstructions to and restraints upon commerce among the 
States and with foreign nations, and to be illegal and void; and if any per- 
son shall be a party, either as buyer or seller, to any contract or agreement 
hereinbefore defined as "options " or " f utiu'es " ho shall be deemed guilty of a 
misdemeanor, and on conviction therefor in either the proper district or cir- 
cuit com-t of the United States shall be fined for every such offense in a sura not 
less than the whole sum paid or agreed to be paid or received or agreed to be re- 
ceived on any such contract, if the sum shall amount to as much as Sl.OO); 
but if the said sum shall not amount to $1,000 then he shall be lined $1,000 and 
in addition thereto shall be imprisoned for a period not less than one year 
nor more than five years; and every distinct contract shall constitute a 
separate offense of the seller and also of the buyer. 

Sec. 5. That any merchant or other exchange, board, or other .association 
in or througti which " options " or '• futures " or both shall be made, encour- 
aged, settled, regulated, or ad,iusted are hereby declared to be unlawful com- 
binations to obstruct commerce among the States and with foreign nations. 
And if it shall appear that an.y such board, association, or exchange has en- 
couraged, regulaied. adjusted, or promoted any such contract or settlement 
the said board, association, or exchange shall be subject to proceedings to 
be instituted in the circuit court of the United States by bill in equity, by 
which such action of such association or exchange, or by any member thereof, 
shall be enjoined. Such proceedings shall be commenced by the proper dis- 
trict attorney of the United States or the Atto:"ney-General whenever there 
shall be reasonable ground to suspect that any such board, association, or 
exchange has violated this section. Such proceedings may also be instituted 
and maintained by any private persiju or persons, on leave of the court first 
had and obtained; and it shall be the duty of the court to grant such leave 
upon proof made by affidavit that there is reasonable ground to believe that 
any such board, association, or exchange has violated this section. In cases 
of such suits by a private party or parties the proceedings shall be in the 
name of the United States on the relation of such private party or par ies. 
In case such proceedings are successful the court shall adjudge to the re- 
lator or relators full costs and also full attorney's fees for prosecuting such 
stilt, together with reasonable compensation for his or their time spent and 
expenses incurred in and about said suit. But such suit at the relation of a 
private party shall be subject to the control of the district attorney or At- 
torney-General. 

Sec. 6. That any person who shall, in the United States, by letter or tele- 
gram or other communication .sent from the United States to any foreign 
country, or by an agent, resident in a foreign countr.v. enter into any con- 
tract hereinbefore described as "options" or"future3," orwho shall do any 
other act aiding and encouraging the making of such contract in any foreign 
country, or shall, in the United States, perforin any such contract or pay any 
damages for nonperformance, or do any act in iiart performance of such 
contractor in part satisfaction of such damage, shall be deemed guilty of a 
misdemeanor and be triable and punishable as provided for in section 4 of 
this act. 

Sec. 7. That any contract herein defined as "options" or "futures," when 
made outside the jurisdiction of the United States, shall be held utterly null 
and void when attempted to be enforced in any court of the United .States. 

Sec. 8. That when any money or other valuable thing has been paid or de- 
livered on any contract herein prohibited, or in satisfaction of any damages 
or any part of the damages claime.1 from a breach of any such contract, the 
title to such money or other valuable thing shall be held as not having been 
passed by such delivery or payment, and the same may be recovered back in 
the proper district or circuit court of the United States at the suit of the 
party making such delivery or payment, or by his legal representatives, it 
Ee be dead, and shall be sutjject to his creditors as his other property; and 
there shall be no defense against any such proceeding by a creditor to sub- 
ject said money or property to his debt arising out of any tr;insaction be- 
tween the parties to such payment or delivery, except the actual and b:.ina 
flde return of the money paid or thing delivered before such proceeding had 
been commenced. 

The VICE-PRESIDENT. The question is on the amendment 
proposed by the Senator from Mississippi [Mr. George]. 

Mr. VEST. Mr. President, at the last session I expressed my 
opinion in regard to this bill, and direc+ed my remarks princi- 
pally to the measui'e as it came from the House of Representa- 
tives. I do not under.staud that there is any difference of opin- 
ion between the mover of the pending amendment and myself in 
regard to the palpable unconstitutionality of the bill as it came 
from the House of Repi-esentatives. It is now sought by tlie 
commen'O clause of the Constitution, as it is termed, to evade 
the constitutional argimient against the measure as it came from 
the coordinate bra'ich of Congress, and to invoke the police 
power under the commerce clause directly to do away with the 
evil which is denounced. 

The Supreme Court in llfi United States Reports, in theErrol 
case, which has been frequently quoted here in debate, defines 
so clearly and distinctly the meaning of commerce among the 
States that it is not necessary to do more than refer to that lucid 
opinion delivered by Mr. .Justice Bradley. The highest judicial 
tribunal in the country then declar.'d— and I take it that no in- 
telligent lawyer will for an instant doubt the correctness of the 
decision— that commerce among the States began from the time 



the goods or the products of a State or Territory were delivered 
to the agent of transportation to be carried to another State or 
Territorj'. 

The point decided in that opinion, the leading case upon the 
question, is that when the goods or products were upon their 
way from the place of actual production to the depot or the pier 
or the wharf where the transit commenced they were still 
within the police jsower of the State and subject to taxation by 
the State or Territorial authorities, and that not until those 
goods or products were actually delivered to the boat or the rail- 
road or other agent of transportation, to be carried outside of 
that territorial jurisdiction — not till then did the Federal au- 
thority commence. The language of the Supreme Court, which I 
quote exactly, is that until that time these goods or products are 
exclusively within the jurisdiction of the State. 

How is it possible, if this be so, that the power to regulate 
commerce among the States and with foreign countries can 
attach to these products within the States? The amendment of 
the Senator from Mississippi [Mr. GeorgeJ affects a transaction 
in the State of Missouri as to a product of the soil of Missouri, 
between citizens of Missouri, and without any contemplation by 
either of the parties that the goods should ever pass out of the 
territorial limits of the State. 

It is said that Congress has the exclusive power to declare 
what is an obstacle to commerce among the States and with for- 
eign cotmtries and that t!iis power is above and beyond the con- 
struction of the Supremo Court of the United States and in itself 
])erfect and absolute. Mr. President, if that be so, absolute power, 
then, exists in the Congress of the United States to declare, 
however monstrous and indefensible the proposition may be, that 
any practice or pursuit in any State of this Union is an obstacle 
to commerce, and the Supreme Court is inhibited from making 
inquiry and deciding upon the truth of that fact. 

Is it possible that it is seriously contended now in the Senate 
of the United States that this absolute power upon the part of 
Congress is vested in this body by the Constitution? 

In the case of the Loan Association v.'i. Topeka, in 20 Wallace, 
Mr. Justice Miller declared that nowhere in any Department of 
the United States Government was there vested unlimited 
power. This is a Government of limitation; itis a Government 
entirely antagonistic and antipathetic to absolutism. Our 
fathers in vain sufi'ered to establish a free Government if now 
the doctrine is to bo asserted successfully, that either in the ex- 
ecutive, legislative, or judicial department is there absolute 
power or discretion without limitation. 

If this doctrine now assertei be true, what is the monstrous 
conclusion ? I belong to a party which has always held from the 
days of the old struggle between John Adams and Thomas Jef- 
feiv-on tliat this is a Government of limitations: that the powers 
granted to the States were vested entirely in the States, and 
those given by the States to the General Government were to be 
sirietly but fairly construed. What is the monstrous conclusion 
if this now doctrine lie ctrreotV Congress may take from the 
States all the reserved police powers: Congi'ess, if it can adopt 
this amendment, may declare properly that the retail of alcoholic 
liquors in any State is an obstacle to commerce; that opium joints 
constittite an obstacle to commerce; that ordinary gambling, 
such as faro banks and roulette and other devices, constitute an 
obstacle to commerce. 

Mr, HOAR. And horse races. 

Mr. VEST. If this be so, Congress may declare that all these 
diminish the absolute products of a State or community, and 
therefore diminish the volume of commerce among the States 
and with foreign countries. If such a bill, so monstrous and un- 
constitutional, should be presented to the Supreme Court of the 
United States, according to the doctrine now advanced that 
Court would be compelled to say that Congress had passed upon 
this question, and we can go no further in this inquiry. 

Mr. President, it seems to me that the statement of the propo- 
sition is an absolute and irresistible refutation of it. The police 
powers, which every lawyer on both sides of this Chamber knows 
are reserved to the States, which not a delegate in the Federal 
Constitutional Convention of 1789 would ever have thought for 
one minute of giving to the Federal Government, are here, under 
the guise of protecting commerce among the States and with for- 
eign countries, to be exercised by Congress in the States. If this 
doctrine be true, there are no rights in any State; Congress is 
supreme; Congress is absolute an its power. As a matter of 
course, if any individual or any State or Territory should put an 
obstacle in the way of commerce among the States, a physical 
obstacle or an obstacle in the nature of State or Territorial leg- 
islation, it would be unconstitutional, because an invasion of the 
jitrisdiction given alone to the Congre.ss of the United States to 
rejulate commerce witli foreigti countries and among the States. 

If an individual or an association of individuals should undertake 
by force to prevent the agencies of transportation from going 



1893. 



COXGEESSIOXAL KECOKD— SENATE. 



621 



on Sunday: which were referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. SHERMAN presented petitions of the boards of health 
of Medina, Oberlin. Montpelier, Postoria, Bowling Green, Ada, 
New Concord, Gallipolis. Greenville. Painesville, Amelia, Wads- 
worth, Ravenna, East Liverpool, and Massillon, all in the State 
of Ohio, praying for the aioption of a national quarantine and 
the suspension of immigration until the quarantine defenses of 
the country shall be placed in a condition to guarantee protec- 
tion from contagious diseases; which were ordered to lie on the 
table. 

He also presented a petition of Goodwill Council, No. 178, 
Junior Order United American Mechanics, of Gnadenhutten, 
Ohio, praying for the passage of legislation providing for the 
further restriction of immigration: which was ordered to lie on 
the table. . 

He also presented a petition of the Ohio State Agricultural 
Convention, praying for the passage of the Washburn-Hatch 
antioption bill: which was oi-dered to lie on the table. 

He also presented a petition of the Board of Trade of Bayton, 
Ohio, praying for the repeal of the silver-purchase act of 1890; 
which was referred to the Committee on Finance. 

Mr. McMillan present.^d a petition of 55 citizens of Escam- 
bia, Mich., praying for the opening of the World's Columbian 
Exposition on Sunday: which was referred to the Committee on 
the Quadro-Centennial (Selects 

Mr. COCKRELLpresenteda m-jmorialofmembersof the East 
Sedalia (Mo.) Baptist Church, and citizens of Sedalia, Mo., re- 
monstrating against the repeal of the present law closing the 
World's Columbian E.xposition on Sunday: which was referred 
to the Committee on the Quadro-Centennial (Select). 

Mr. KYLE presented the petition of .1. W. Ryan and other 
citizens of Stui'gis, S. Dak., praying for the repeal of the law 
closing the World's Columbian Exposition on Sunday: which 
was referred to the Committee on th i Quadro-Centenuial (Select). 
Mr. PETTIGREW presented memorials of the Methodist Epis- 
copal Church of Mitchell, of the Young Men's Christian Asso- 
ciation of Davison County, and of H. J. Johnson and other citi- 
zens of Salem, all in the^State of South Dakota, remonstrating 
against the repeal of the law closing the World's Columbian Ex- 
position on Sunday, and praying that the sale of intoxicating 
liquors be prohibited threat; which were referred to the Com- 
mittee on the Quadro-Centennial (Select). 

He also presented petitions of Thomas Carr and other citizens 
of Paulkton, of M. O. Thompson and other citizens of Sioux 
Falls, and of John R. Weeks and other citizens of Yankton, all 
in the State of South Dakota, praying for the repeal of the law 
closing the World's Columbian Exposition on Sunday; which 
were referred to the Committee on the Quadro-Centennial (Se- 
lect). . . , - . , 

Mr. ALDRICH presented a petition numerously signed by 
bankers and merchants of Providence, R. L, praying that the 
purchase of silver under the act of July 14. 1890, be discontinued; 
which was referred to the Committee on Finance. 

Mr. SAWYER presented petitionsof the Bankers' Association 
of Superior, Wis., and of the Merchants' Association of Mil- 
waukee. Wis., praying for the repeal of the so-called Sherman 
silver act; which were referred to the Committee on Finance. 

Mr. DOLPH. I present apetition of State and county officers 
of Oregon, praying for an extension of time for settlers to make 
proof and paynient for forfeited railroad lands, the same subject- 
matter upon which I presented a memorial of the Legislature of 
Oregon on yesterday. As 1 intend this morning to report a bill 
granting this extension, and hope to secure its immediate con- 
sideration, I move that the petition lie on the table. 
The motion was agreed to. 

Mr. DOLPH presented the petition of J. B. Luse and sundry 
other citizens of Marshfield, Oregon, praying for the repeal of 
the law closing the World's Columbian Exposition on Sunday; 
which was referred to the Committee on the Quadro-Centennial 
(Select). 

Mr. FELTON presented a petition of the Legislature of Cali- 
fornia, praying for the passage of House bill 9285 creating the 
California debris commission, and regulating hydr,aulic mining 
in that State; which was referred to the Committee on Mines 
and Mining. 

Mr. VEST presented the memorial of P. F. Tomlinson and 
other citizens of Sedalia, Mo., remonstrating against t"he open- 
ing of the World's Columbian Exposition on Sunday: which was 
referred to the Committee on the Quadro-Centennial (Select). 

Mr. QUAY presented memorials of the Wylie Memorial Pres- 
byterian Congregation of Philadelphia; of the Ministerial Asso- 
ciation of Harrisburg: of the Woman's Christian Temperance 
Union of Sharon: of the United Presbyterian Church of Clays- 
ville; of the Methodist Episcopal Congregation of New Bedford, 
and of tha Chestnut Level Congregation, all in the State of 



Pennsylvania, remonstrating against the repeal of the law clos- 
ing the World's Columbian Exposition on Sunday; which were 
referred to the Committee on the Ouadro-Centennial (Select). 

He also presented a petition of the Merchant Tailors' Exchange 
of Beaver Valley, Pa., praying for the passage of House bill 8535 
limiting the free entry of wearing apparel of foreign manufac- 
ture; which was referred to the Committee on Finance. 

Mr. DUBOIS presented apetition of i- citizens of Silver City, 
Idaho, praying for the repeal of the law closing the World's Co- 
lumbian Exposition on Sunday: which was referred to the Com-. 
mittee on the Quadro-Centennial (Select). 

Mr. HISCOCK presented the petition of Hermann Essor and 
other citizens of New York City, praying for the repeal of the 
law closing the World's Columbian Exposition on Sunday; which 
was referred to the Committee on the Quadro-Centennial (Se- 
lect). 

Mr. COCKRELL. I present a petition expressing the wish 
that the World's Fair be opened on Sunday, it being ''ai)etition 
of citizens of the State of Missouri, chiefly residents and citizens 
of Kansas City. Mo," This is what is upon the back of the jioti- 
tion. and I found it upon mj' desk. Upon a very casual ob-^erva- 
tion I see that it is signed by citizens of Illinoi-^, Kansas, Louisi- 
ana, Indiana, Ohio, Massachusetts, New York, California, Texas, 
Wisconsin. Mirhigau. New Mexico Territory, and one citizen of 
China — a " heathen Chinee." As I stated, the petition i)raysfor 
the opening of the World's Columbian F.xpositionon the Sabbath. 
I move that it be referred to the Committee on the Quadro Cen- 
Centennial (Select). 

The motion was agreed to. 

Mr. VEST presented a petition of citizens of Olivette, Cen- 
tral, and Strattman, all in the State of Missouri, praying for the 
quiet opening of the World's Columbian Exposition on Siindaj'; 
which was referred to the Committee on the Quadro-Centennial 
(Select). 

Mr. MITCHELL presented the petition of Thomas J. Cole, 
pastor of Trinity Church, E. L. Stuart, H. D. Helham. A. Fried- 
berg, and 40 other citizens of Portland. Oregon, praying for the 
opening of the World's Columbian Exposition on Sunday: which 
was referred to tho Committee on the Quadro-Centennial (Se- 
lect). 

He also presented the petition of W. B. Steele and 9i) other citi- 
zens of Portland, Oregon, prayingfortheopeningof the World's 
Columbian Exposition on Sunday; which was referred to the 
Committee on the Quadro-Centennial (Select). 

Mr. MILLS presented a memorial of 15 citizens of Halletts- 
ville, Tex., praying for a repeal of the law closing the World's 
Columbian Exposition on Sunday; which was referred to the 
Committee on the Quadro-Centenial (Select). 

He also presented a petition of citizens of Fort Worth. Tex., 
praying for the passage of legislation opening up the Cherokee 
Strip to settlement; which was ordered to lie on the table. 

REPORTS OF COMMITTEES. 

Mr. KYLE, from the Committee on Education and Labor, to 
whom was rjferred the joint resolution (S. R. 1191 extending the 
powers of the United States Governm nt Exhibit Board, reported 
it without amendment. 

Mr. PETTIGREW. from the Committee on Indian Affairs, to 
whom was referred the bill (S. 'M'>U) to secure the relinquish- 
ment of the Indian title to a portion of the Pyramid Lake Res- 
ervation, in Nevaaa, and to the entire Walker River Reserva- 
tion in said State, and for other purposes, reported it without 
amendment. 

SETTLERS ON FORFEITED RAILROAD L.A.NDS. 

Mr, DOLPH. By direction of the Committee on Public Lands, 
I report back favorably with an amendment the bill (S. .'tt^l) to 
amend an act entitled "An act to forfeit certain lands hcretjfore 
granted for the purpose of aiding in the construction of railroads 
and for other purpos. s." The bill is indorsed by every member 
of the committee. It relates to the matter of extending for set- 
tlers upon forfeited railroad lands the time in which to pay for 
th«- lands. It will only affect those who by misfortune and the 
failure of crops have b. en unable to meet the requirement? and 
pay for their lands by the "d of February next, and merely ex- 
tends the time until the 1st of January, I8;i4, as proposed to be 
amended, to give them an opportunity to secure another crop. 
The bill is unanimously reported, and is recommended by the 
Secretary of the Interior and the Commissioner of the General 
Land Office in the correspondence which I have attached to the 
brief report. I ask that the bill be taken up for present consid- 
eration." I do not think any one will object to it. 

Mr. COCKRELL. Let it be read for information. 

Mr. HOAR. To what lands does the bill relate'? 

Mr. DOLPH. The bill relates simply to people who had pur- 
chased lands of the railroad company and gone upon them, but 



622 



CONGRESSIONAL RECORD— SENATE. 



Janttaey 17, 



owing to the failure of crops some of them were unable to pay 
for their lands in the time prescribed. 

Mr. HOAB. In what StateV 

Mr. DOLPH. The Senator from Louisiana [Mr. White] in- 
tends' to offer an amendment confining the bill to the State of 
Oren-on or to the railroad lands from Wallula, Wash., to Port- 
land", Oregon, to which I have no objection; but I do not like to 
ask for that myself. 

Mr. HOAR. Is it proposed to bo a general law? 

Mr. DOLPH. Let it be road and it will be explained. 
■ Mr. HOAR. Let the bill ba read. 

Mr. SHERMAN. When does the time expire? 

Mr. DOLPH. The time expii-es the 3d of Feljruary. Nobody 
will object to the bill when it is read. Let it be read. 

The bill was read, and, there being no objection, the Senate, 
as in Committee of the Whole, proceeded to its consideration. 

"The amendment of the Committee on Public Lands was inline 
9, after the word "section," to strike out the words "at any 
time within four years from the passage of said act," and insert 
"to Januai-y 1, ISUI;" so as to make the bill read: 

He it enacted, etc.. That section 3 of au act eutitled "An act to forfeit cer- 
tain lands heretotore granted for the pm-pose of aiding In the construction 
of railroads, and for other pin-poses," be, and the same is, amended so as to 
extend the time within which persons entitled to purchase lands forfeited 
by said act shall be permitted to purchase the same in the quantities and 
upon the terms provided in said section to January 1, 1894. 

Mr. DOLPH. The amendment extends the time for a portion 
of the settlers on the land from September next until the Ist.of 
January, and for others fi-om either February or March next to 
the 1st of .lanuary in either case a part of the year. As stated 
in the memorial of the Oregon Legislature there was au onlire 
failure of the crop in that section last year and the people have 
had to borrow money even to get seed to reseed their land. The 
object is to give the settlers the advantage of another crop to save 
their land. 

Mr. HALE. Is the bill limited to the State of Oregon? 

Mr. DOLPH. The Senator from Louisiana proposes to offer 
an amendment to limit it. 

Mr. WHITE. I have not yet prepared the amendment. 

Mr. DOLPH. If it is desired I will state the amendipqat 

Mr. WHITE. Very well. 

The VICE-PRESIDENT. The question is first upon agree 
ing to the amendment of the committee. 

The amendment was agreed to. 

Mr. DOLPH. After the word " act" in line 7 I propose to in- 
sert: 

Upon the line of the Northern Pacific Kiilroad Company between WaUula, 
Wash., and Portland, Oregon. 

The obiect is to limit the bill if that is the desire. I did not 
like to ask for the passage of a special act. If the Senator from 
Louisiana offers that amendment I will consent to it. 

Mr. WHITE. I offer that as an amendment to the bill. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment proposed by the Senator from Louisiana. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and pas.'ied. 

COINAGE OF SILVER. 

Mr. SHERMAN. I am directed by the Committee on Finance 
to report back with amendments the' bill (S. ;U23) for the repeal 
of certain parts of the act directing the purchase of silver bullion 
and the issue of Treasury notes thereon, and for other i^urposes, 
approved .luly 14, 1890. I ask to have it read. 

Mr. HOAR. Lot the bill be read in full and the amendments 
in full. 

The VICE-PRESIDENT. The bill will bo road if there be no 
objection. 

The Secretary read the bill, as follows: 

Be it enacted, etc.. That so much of the act entitled "An actdirecting the pur- 
chase of silver bullion and the issue of Treasury notes thereon, and for other 
piu-poses," approved July 14, 1890, as directs tUeSecretary of the Treasury to 
pm-chase, from time to time, silver bullion to the aggre.tjato amount of 4,500,- 
000 oimces, or so much thereof as may be ottered in each month, at the market 
price thereof, and to issue in payment tor such piu-chases of silver bullion 
Treasury notes of the Udited States, is hereby repealed, to take effect on the 
1st day of January, I8E13: t'rovided. That this act shall not in any way affect 
or impair or change the legal qualities, redemption, or use of the Treasm-y 
notes issued under said act, 

Mr. PLATT. What are the amendments? 

Mr. SHERMAN. Let the Secretary read the amendments 
proposed by the committee. 

The VICE-PRESIDENT. The amendments of the committee 
will be stated. 

The Secretary. In line l;?, after the word "ninety," strike 
out " three'' and insert "four; " so as to read: 

Is hereby repealed, to take effect on the 1st day of January, 1894. 



Insert a new section, as follows: 

Sec. 2. That upon any deposit already or hereafter made of any United 
States bonds bearing interest in the manner required by law, any national 
banlrtng association having made or making the same shall be entitled to 
receive from the Comptroller of the Ciurrency circulating notes of different 
denominations, in blank, registered, and countersigned as proWded by law, 
not exceeding in the whole amount the par value of the bonds deposited : 
Provided, That at no time shall the total amount of such notes Issued to any 
such association exceed the amount at such time actually paid in of its capi- 
tal stock. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar. 

AGRICULTURAL COLLEGE LANDS. 

Mr. HUNTON. I am directed by the Committee on Educa- 
tion and Labor, to whom was referred the joint resolution (S. R. 
121) authorizing payment, under the act of August 30, 1890, to 
the State of Virginia, upon the assent of the governor, heretofore 
given , till adjournment of next session of the Legislature thereof, 
to report it back with a favorable recommendation, and I am 
further instructed by the committee to ask unanimous consent 
for its present consideration. 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the joint resolution. 

The preamble recitss that the recent Legislature of Virginia^ 
through a misunderstanding with the Dapartment of the In- 
terior, adjourned without giving the assent required by the act of 
Congress approved August 30, 1890, entitled "An act to apply a 
l^ortion of the proceeds of the public lands to the more complete 
endowment and support of the colleges of agriculture and the 
mechanic arts, established under the provisions of an act of Con- 
gress approved July 2, 1862." 

The joint resolution provides that payments from the appro- 
priation of the act may continue to be made to the State of Vir- 
ginia, upon the assent of the governor, heretofore given, till the 
adjournment of the next regular session of the Legislature of the 
State. 

The joint resolution was reported to the Senate without amend- 
ment, ordered to be engrossed for a third reading, read the third 
time, and passed. 

Tho preamble was agreed to. 

REMOVAL OF ICE IN POTOMAC RIVER. 

r. McMillan. I am instructed by the Committee on the 
District of Columbia to report a joint resolution making an ap- 
propriation of $5,000 for the clearing of the Potomac River of 
ice, and to ask for its immediate consideration. 

The joint resolution (S.R. 135) making an appropriation of $5,000 
for clearing the Potomac lUvor of ice was read the first time by 
its title and the second time at length, as follows: 

Eesolied by the Senate and House of Hepresentatires. etc.. That $5,000, or as 
much thereof as may be necessary, payable from any money in the Treasury 
not otherwise appropriated and from the revenues of the District of Colum- 
bia in equal parts, to be immediately available, is hereby appropriated, to 
enable the Commissioners of the District of Columbia to hire boats for the 
purpose of clearing the Potomac River of ice within the District of Colum- 
bia. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the joint resolution? 

There being no objection, the joint resolution was considered 
as in Committee of the Whole. 

The joint resolution was reported to the Senate without amend- 
ment, ordered to be engrossed for a third reading, read the third 
time, and passed. 

FORT BRIDGER MILITARY RESERVATION. 

Mr. CAREY. I am directed by the Committee on Public 
Lauds, to whom was referred the bill (S. 3613) to provide for the 
disposal of the Fort Bridger abandoned military reservation, in 
the State of Wyoming, to report it favorably without amend- 
ment. I ask for the present consideration of the bill. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to considerthe bill. It proposes to make sub- 
ject to disposal, under the homestead law only, all public lands 
now remaining undisposed of within the ab.indoned military res- 
ervation in the State of Wyoming known as the Fort Bridger 
military reservation. Actual occupants thereon upon the 1st 
day of July, 1892. shall have the preference right to make one 
entry, not exceeding one quarter-section, under existing laws, if 
qualified, wh'ich shall incUide their respective improvements. 
Any of such lands as are occupied for town-site purposes and 
any of the lands that may be shown to be valuable for coal or 
minerals'shall be disposed of as now provided for lands subject to 
entry and sale under the town-site, coal, or mineral-land laws, 
respectively. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

MAIL BOXES. 

Mr. SAWYER. From the Committee on Post-Ofiices and 
Post- Roads I report back favorably without amendment the bill 



1893. 



CONGRESSIONAL RECORD— SENATE. 



675 



ports theroon; which were agrreed to, and the bills were post- 
poned indefinitely: 

A bill (S. ;!3r)0) donating a Napoleon gun to the Society of the 
Sons o£ the Revolution of Pennsylvania; 

A bill (S. 2767) to deliver to the State of Colorado certain guns; 
and 

A bill (S. 2687) authorizing the Secretary of War to issue to 
the governor of Colorado four 3-inch Rodman guns in exchange 
for two brass Napoleon guns. 

lyir. COCKRELL, from the Committee on Military Affairs, to 
whom was referred the bill (H. R. 5049) to remove the charge of 
desertion against Lvicius L. Dyer, reported it with amendments. 

Mr. VILAS, from the Committee on Claims, to whom was re- 
ferred the bill (S. olSl) for the relief of Luster P. Chester and 
Freeland Chester, and Luster P.Chester and Freeland Chester, 
executors of Thomas R. Chester, submitted an adverse report 
thereon; which was agreed to, and the bill was postponed indefi- 
nitely. 

Mr. DOLPH, from the Committee on Foreign Relations, to 
whom was referred the bill (S. 3555) for the relief of George W. 
Jones, reported it with amendments. 

Mr. CULLOAI, from the Committee on Interstate Commerce, 
to whom the subject was referred, reported a bill (S. .373-1) to 
amend an act entitled""An act to regulate commerce," approved 
February 4. 1887; which was read twice by its title. 

Mr. CAMERON, from the Committee on Military Affairs, to 
whom was referred the bill (H. R. 730) for the relief of .lames A. 
Finley, reported it with an amendment, and submitted a report 
thereon. 

He also, from the same committee, to whom was referred the 
bill (H. R. 5G49) for the relief of Lieut. F. W. Davis, and grant- 
ing him an honorable discharge, reported it with amendments, 
and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (H. R. 4758) for the relief of Charles E. Heuston, reported 
it with an amendment, and submitted a report thereon. 

Mr. PROCTOR, from the Committee on Military Affairs, re- 
ported favorably three amendments intended to be proposed to 
the Armj' appropriation bill; which were referred to the Com- 
mittee on Appropriations, and ordered to be printed. 

BUOYAGE IN LAKE AnCHIGAN. 

Mr. CULLOM. I report back from the Committee on Com- 
merce favorably, without amendment, the bill (S. 3707) making 
an appropriation for establishing buoyage on the water front of 
Chicago, Lake Michigan, lUinios. As it is a very short bill and 
one about which I think there will be no controversy, I ask that 
it be now considered, 

Mr, SHERMAN. Lat it be read for information. 

The Chief Clerk read the bill, as follows: 

Be it enacted, etc.. That the sum of S29,50D or so muchthereofasmay be nec- 
essary, he, and the same is hereby, appropriated, out ot any money In the 
Treasury not otherwise appropriated, lor the purpose of establislilng proper 
buoyage on the water front of Clilcago, Lake Michigan, Illinois. 

The PRESIDENT pro tempore. Is there objection to thopres- 
ent consideration of the bill? 

Mr. CULLOM. I will state that this appropriation is regu- 
larly estimated for, and it is a very important one to be made. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
T0WLES,its Chief Clerk, announced that the House had passed 
the following bills; in which it requested the concurrence of the 
Senate: 

A bill (H. R. 6797) to authorize the construction of a bridge 
across the Cahawba River, in Bibb County, Ala., by tho Mont- 
gomery, Tuscaloosa and Memphis Ivailway; 

A bill (H. R. 9053) to punish trespassers on the lands of either 
of the five civilized tribes; 

A bill (H. R. 9069) for the further continuance of the publi- 
cation of the Supplement to the Revised Statutes of tho Ijnited 
States; 

A bill (H. R. 9610) to amend section 1014 of the Revised Stat- 
utes of the United States, relating to offenses against the United 
states' 

A bill {H. R. 9611) to amend section 847 of the Revised Statutes 
of the United States, relating to commissioners' fees; 

A bill (H. R. 9612) to amend section 833 of the Revised Statutes 
of the United States, relating to semiannual returns of fees by 
district attorneys, marshals, and clerks; 

A bill(H,R. 9613) to amend section 828 of the Revised Statutes 
of the United States, relating to clerks' fees; 



A bill (H. R. 9979) to regulate the right of appeal in certain 
cases; and 

A bill (H. R. 10062) to authorize the construction of a bridge 
across the Osage River between the mouths of tho Pommo do 
Terre River and Buffalo Creek, in Benton County, Mo. 

Tho message also announced that tho House had disagreed to 
tho report of the committee of conference on tho disagi-eeing 
voles of tho two Houses on tho amendments of tho House to the 
bill (S. 1307) to provide a permanent system of highways in that 
part of the District of Columbia lying outside of tho city, further 
insisted upon its amendments to tho bill, asked a further confer- 
ence with the Senate on tho disagreeing votes of the two Houses 
thereon, and had appointed !Mr. Hemphill, Mr. Hkard, and 
IMr. Post managers at the conference on the part ol tho House. 

The message further announced that the House had passed 
tho bill (S. 3580) to amend the proviso to 1x3 found in connection 
with the free-delivery service, page 569, twenty-fourth volume, 
Statutes at Large. 

ENROLLED BIT.LS SIGNED. 

The message also announced that the Si>eaker of tho House 
had signed the following enrolled bills; and they were thereupon 
signed by tho President pro tempore: 

A bill (H. R. 6969) for the relief of Elisha Brown; 

A bill (H. R. 3676) for the relief of R. S. Jennings, lato post- 
master at Marshall, Tox.; 

A bill (H. R. 4844) to authorize tho Secretary of War to con- 
vey to school district numliered 12, of Kittci-y, Me,, a portion of 
Fort McClary military reservation, in exchange for other land; 
and 

A biU(S. 1292) to remit tho penalties on the light-house steamer 
Pansy. 

BILLS INTRODUCED. 

Mr, McMillan introduced a bill (S. 3735) to amend an act 
entitled "An act to provide for semiannual statements ,] y for- 
eign corporations doing business in the District of Coluinljia,'' 
approved July 29, 1892; which was read twice by its title, and 
referred to the Committee on the District of Columbia. 

Mr. PETTIGREW introduced a bill (S. 3730) requiring tho 
Secretary of the Treasury to secure a bond from the corporation 
known as the World's Columbian Exposition before the coins 
provided for by chapter 381, Statutes of the United States, first 
session, Fifty-first Congress, are delivered to said corporation; 
which was read twice by its title, and referred to tho Committee 
on the Quadro-Ceutennial (Select). 

Mr. CAMERON introduced a bill (S. 3737) to prevent deser- 
tions from tho Navy, and for other purposes; which was read 
twice by its title, and referred to tho Committee on Naval Affairs. 

Mr. SAWYER introduced a bill (S. 3738) granting a pension 
to Fred S. Chamberlain; which was read twice by its title, and 
referred to the Committee on Pensions. 

Mr. CULLOM introduced a bill (.S. 3739) granting a pension to 
Miss Sara B. Stebbins; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. MCMILLAN introduced a bill (S. 3740) for the relie f of S.- yay 
J. Block and A. P. Baurman, of the District of Columbi»Cw!ll5h ^ ^^ 
was read twice by its title, and refei'red to the Committee on the 
District of Columbia. 

Mr. TELLER introduced a bill (S. 3741) tosubmittotheCourtof 
Private Land Claims, established by an act of Congress approved 
March 3, 1891, the title of William McCarrahan to tho Rancho 
Panoche Grande, in the State of California, and for other pur- 
poses; which was read twice by its title, and referred to the Com- 
mittee on the Judiciary. 

Mr. COCKRELL introduced a bill (S. 3742) granting a pen- 
sion to Evarts Ewing; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

sale of COLUMBIAN STAMPS. 

Mr. WOLCOTT. I desire at this time to introduce a joint 
resolution, and I ask its immediate consideration, if there be no 
objection. It is very short. 

The joint resolution (S. R. 137) instructing the Postmaster- 
Gonoi-al to discontinue the sale of so-called Columbian stamps 
was read the first time by its title, and the second time at length, 
as follows: 

lie it res»lved. etc.. That the Postmaster-General of the United States b« 
insiructeJ todlsrontlnue the sale of the so-called Columbian po3tai?e stamps, 
except to such iieisous as may specially call for tli'Mu. .ind fie Instructed to 
continue to keep ou sale tho ordinary posta;p .sl.-viiips la Use before the 
printing of the so-called Columbian stamp. 

The PRESIDING OFFICER (Mr. Halis i:i tho chair). The 
Senator from Colorado asks unanimous cnns ntof the Senate for 
the consideration ot tho joint resolution at tbis time. 

Mr. WOLCOTT. Mr. President. I apprehend there will be 



676 



CONGRESSIONAL EEOORD— SENATE. 



jAiTCAEY 19, 



no objection to the joint resolution. I know of nothing more 
ridiculous than the great plasters which are now being delivered 
to U8 as postage stamps, which cover half an envelops, and a few 
dollai-s' worth of which would require a dray to cai-ry them from 
the Senate to one's residence. The old postage stamps were such 
as met the demand of the )iublic. I apprehend there will be no 
objection to the joint r.^solution. 

the PRESIDING OFFIUEK. Is there objection to the pres- 
ent consideration of the joint resolution'.-" 

Mr. DOLPH. Let the joint resolution go over. The new 
postage stamps liave been sent to the various postmasters to be 
sold. , . 

The PRESIDING OFFICER. The joint resolution, being ob- 
jected to, will go over. 

AJIENDJIENTS TO APPROPRIATION BILLS." 

Jilr. I'ETTIGREW submitted an amendment intended to be 
proposed bv him to the sundry civil appropi'iat ion bill, the am nid- 
ment providing that the Secretary of the Treasury shall require 
bond from the corporation known as the World's Columbian E.x- 
position before the souvenir cjins are delivered to it: which was 
referred to the Committer on the Quadro-Ceutennial (Select), 
and oi'derod to be printed. 

Mr. HUNTON submitted an amendment intended to be pro- 
posed by him to the District appropriation bill; which was or- 
deied to be printed, and, with the accompanying papers, referre 1 
to the Committee on the District of Columbia. 

Mr. SHERMAN submitted an amendment intended to be pro- 
posed by him to the sundry civil appropriation bill; which was 
referred to the Committee on Appropriations, and ordered tobj 
printed. 

Mr. PROCTOR submitted an amendment intended to be pro- 
pose 1 by him to the sunlry civil appropriation bill: which was 
referred to the Commilteb on Public Buildings and Grounds, 
and ordered to be printed. 

Mr. TELLER submitted an amendment intended to be pro- 
posed by him to the fortilication appropriation bill; which was 
referred to the Committee on Appropriations, and ordered to be 

printed. . -, , , , 

Mr. DOLPH; I submit an amendment intended to be pro- 
posed to the sundry civil appropriation bill, which I ask to be 
referred to the Committee on Military Affairs. I call the atten- 
tion of the Senator from Nevada [Mr. Stewart] to it, and I 
hope there will be an early report from the committee, so that 
the amendment may go to the Committee on Appropriations. 
Let the amendment be read. 

The amendment was read, and referred to the Committee on 
Military Affairs, as follows; 

To reimburse the States or Calitornia, Oreson, and Nevada tor moueys by 
them expended in the siippressiou of the rebellion, imder the act of C ou- 
crcis approveo July L'7, 18^1, and acts amendatory thereof and suppleraen- 
tary'thoreto being the sums of money shown by therei)orts ofthe Secretary 
of War to have been paid by said States in the suppression of the rebellion; 

To the Slate of California, the sum of 82,451,366.56. 

To the State of Ore^ron, the sum of S2',-'4,5:;6.M. 

To the State of Nevada, the stun of 8401,040,70, 

Mr, DOLPH submitted an amendment intended to be proposed 
by him to the sundry civil appropriation bill, the amendment 
p'roposiuo- t ) increase thi- appropriation to carry into effect the 
Chinese exclusion act; which was referred to the Committee on 
For ign Relations and ordered to bs printed, 

Mr, HAWLEY submitted an amendment intended to be pro- 
posini^ bv him to the sundry civil appropriation bill; which was 
referi°ed'to the Commitleeon Public Buildings and Grounds and 
ordered to be printed. 

COINAGE OP SILVER. 

Mr WOLCOTT. I submit an amendment intended to be pro- 
posed to the bill (S. 3423) for the repeal of certain parts of the 
act directing the purchase of silver buUiim and the issue o; 
Treasury notes thei-eon, and for other purpo.ses, approved July 
14. 1H90. As the amendment is very brief I ask to have it read. 

The amendment was read and ordered to lie on the table and 
to be printed as follows: 

To amend Senate bill 3423, for the repeal of certain parts of the act direct- 
ing the purchase of silver bullion and the issue of Treasury notes thereon, 
aiid for other purposes, approved July 14, 1890. ..,,,, 

Strike out all after the enacting clause and insert the followmg: 

■■That section 3 of the act entitled an ■Act directing the purchase of silver 
bullion and the issue of Treasury notes thereon, and for other purposes, ap- 
proved July 14, 1830,' be so amended as to read as follows: 

■■ 'That the Secretary of the Treasury shall coin the silver bullion purchased 
under this act as rapidly as possible, after such purchase, into standard dol- 
lars and shall also coin into silver dollars as rapidly as possible all the sil- 
ver bullion now In the Treasury, purchased under the provisions of said act 
of July 14. 1890. and any gain or seigniorage arising from such coinage shall 
be'accoimted for and paid into the Treasury,' " 

Mr TELLER submitted an amendment intended to be pro- 
posed by him to the bill (S, 3423) for the repeal of certain parts 
of the act directing the purchase of silver bullion and the issue 



of the Treasury notes thereon, and for other purposes, approved 
.Tuly 14, 1890; which was ordered to lie on the table and be 
printed. 

REPORT ON ALASKA SALMON FISHERIES. 

Mr. DOLPH submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

RfioUed. That the "Secretary of the Trea.sury be, and he is hereby, directed 
to transmit to the Senate a copy of the r.-port of the special agent having In 
charge the protection of the salmon fisheries ol Alaslca, 

PRESIDENTIAL APPROVALS. 

A message from the Pr<.sident of the United States, by Mr. O. 

L. PRUDEN, one of his secr,3taries, announced that the President 

had on the 14th instant approved and signed the following acts: 

^An act (S. 3623) to amend the act of March 3, 1873, for the re- 



iof of the Columbian University, in the District oi Columbia; and 
A joint resolution (S. R. 113) providing for the printing of the 
Agricultural Report for 1892. 

THE PRESIDENTIAL TERM. 
Mr. PEFFER. I gave notice a few days ago that yesterday 
morning I would ask the consent of the Senate to proceed with 
my remarks upon Senate joint resolution No. 96, but on account 
of" the adjournment yesterday thy opportunity was not afforded 
me. I be-' leave now to renew my request. 

The PRESIDING OFFICER (Mr. Jones of Arkansas in the 
chair). The Senator from Kansas will suspjnd for a moment. 
The Chair will ascertain if there is further morning business. 
Is there further morning business':' [A pause.] If not, the Cal- 
endar under Rule VIII being in order 

Mr. WASHBURN. I move that the Senate proceed to the 
consideration of House bill 7845, being the aatioption bill. 

The PRESIDING OFFICER. The Chaii- has recognized the 
S -iiator from Kansas [Mr. PefperJ, who asksthe indulgence of 
the Senate for the puriiose of making some remarks. The title 
of the joint resolution called up by the Senator from Kansas 
will be read. 

The Chief Clerk. A joint resolution (S. R. 96) proposing an 
amendment to the Constitution of the United States to Umitthe 
oftic: of President to one term for each incumbent. 

Mr. PEFPER. Mr. President, on the 17th day of July, the 
subject of the election of the President was again considered, 
the question being on the proposition that '■ the national execu- 
tive "should be "chosen by the National Legislature.'' The dis- 
cussion on that day brought out the views of some of the stronger 
men of the convention, and they are suggestive. I shall very 
briefly refer to them: 

Mr Uouverneiur Morris [of Penasylvaula] was pointedly against his being 
so chosen He will be the mere creature of the Legislature, if appointed, 
and impeachable by that body. He ought to be elected by the people al> 
large— by the freeholders of the country, 

Mr Sherman |ot Connecticut] thought that the sense of the nation would 
be better expressed by the Legislature than by the people at large. The lat- 
ter wUl never be suCBciently informed of characters, and, besides, will never 
ttive a majority of votes to auy one man. They will generally vote for some 
inan in their own State, and the largest State will have the best chance for 
the appointment, ^ ^ ^ ^ 

Mr Wilson (of Pennsylvania]. » * * It might be answered, that the 
concurrence of a majority of the people is not a necessary principle of elec- 
tion, nor required as such in any of the States. But, allowing the objection 
all its force, it may be obviated" by the expedient used in Massaehusett,s, 
where the Legislature by a majority of voices decide, in case a majority of 
the people do not concur in favor of one of the candidates, 

Mr. PiNOKNEY [of South Carolina] did not expect this question would 
agaUi have been brought forward, an election by the people being liable to 
the most obvious and striking objections. They will be led by a few active 
and designing men. The most populous States, by combining in favor of 
the same individual, will be able to carry their points. 

Mr, Williamson [of North Carolina) conceived that there was the same 
ditference between an election in this case by the people and by the Legisla- 
ture as between an appointment by lot and by choice. There are at present 
distinguished characters, who are known perhaps to almost every man. 
This will not always be the case. The people will be sure to vote tor some 
man in their own State, and the largest State will be sure to succeed. 

Mr L Martin [of North Carolina] moved that the Executive be chosen 
by electors appointed by the several Legislatures of the individual States. 

The motion was lost, 

O.-i the question on the words ■■ to be chosen by the National Legislature, " 
i> passed unanimously in the affirmative. 

The subject was continued on the llith of the same month, when 
Messrs. Patterson, Wilson, Madison, and (I'erry participated. 
The debate that day throws more light on the subject, and will 
be found on page 337 of the book from which I am reading, El- 
liott's Debates. I will read a portion of the rcmarlcsof Mr. Mad- 
ison as they are given: 

Mr. Madison [of Virginia], If it be a fundamental principle of free gov- 
ernment that the legislative, executive, and judiciary powers should be 
sfp:irately exercised, it is equally so that they be independently exercised. 
There is the same, and perhaps greater, reason why the executive should be 
Independent of the legislature, than why the judiciary should, 

Mr. Gerry [;of Massachusetts). If the Executive is to be elected by tho 
legislature, he certainly ought not to be reeligible. This would make him 
absolutely dependent. He was a','ainst a popular election. The people are 
uninformed, and would be misled by a few designing men. He ur.ged the 
expediency of an appointment of the Executive by electors to bo chosen by 
the State executives." 



1893. 



CONGRESSIONAL RECOED— SENATE. 



683 



waiitiug^; the meetings are frequently packed with those who 
imdci- the rules of the party have no right to be present. The 
election ofHcers are vested with absolute power over the count 
of the votes, the political committees alone have authority to se- 
lect the places of meeting and they are often designedly^ chosen 
with a view of securing the presence only of particular individ- 
uals or elements, without adequate public notice. 

The feature most serious of all is that in the selection of the 
deleo-ate to the district convention, the voter at the primary 
finds' that his vote possesses no value to advance his own convic- 
tion by reason of the fact that he is unconscious of the real aims 
or purposes of the delegates presented to his choice; so the dele- 
gate to the district convention has no knowledge of the aims of 
the delegate he selects for the State convention; and the delegate 
to the sfate convention is in most cases in the same condition of 
ignorance regarding the wishes or choice of iho delegate to the 
national convention. 

Only those vested with or intent upon the possession of patron- 
age are informed upon this point, and they alone are really the 
selecting or nominating body. It is this element that fixes the 
time for the meeting of conventions and primaries; it is this cle- 
ment which selects the election officers; it is this element which 
selects the delegate, and it is this element which stops not at any 
means by which its own designs may be attained and the popu- 
lar will suppressed. 

The plan in question is a substitute for these ob]ectiona:ble 
methods. Under it the people may meet in one grand primary 
meeting, distributed throughout the entire country but held 
upon a given date, upon a day known to every voter in the 
Union; the election laws protect them in the full exercise of 
their rights; they select no delegates who would frustrate their 
will, but with their own ballots by one act express their voice 
first in the selection of a candidate to represent their principles, 
and then, by a simple direction upon their ballots, contribute 
all the power they at present possess to advance the princi])les 
which they would have embodied in the policy of their govern- 
ment. 

Mr. President, the arguments thus far advanced in favor of the 
po])ular election of Pi-esidcut have added force when applied in 
the discussion of the pending resolution which proposes to confine 
the services of that high officer within the limits of one period 
whose extent was known before he qualified. 

In advocacy of a single term for the President it may bo said, 
to begin with, that the length of the term is a matter of detail. 
Four years is too short. Whether eight years is too long is 
debatable. Whether the term should be an even or an odd num- 
ber of years is a matter worth considering. I will spend no 
time now considering these minor matters. 

As I have already shown, in every draft except one proposed 
for a new Constitution by the members of the Federal conven- 
tion, the provision relating to the executive office contained a 
limitation of the tenure to a single term. And it was not until 
the proceedings of the convention were well advanced, and not 
until the electoral system was substantially agreed upon that 
the limitation was removed, making the President eligible to 
reflection. The single term has been advocated by many of our 
most accomplished statesmen, and our Presidents have fre- 
quently called attention to the importance of the subject. 

While, so far as the record shows, there is no instance of a 
President refusing to accept a second term, there are many in- 
stances where the candidate for the Presidency and the Presi- 
dent himself when entering upon the duties of his great office, 
took occasion to remind the people that one term for the Presi- 
dent would be better for them. It is probably true at this time 
that a very large majority of our voters favor the single-term 
idea. Thoy would extend it beyond the length of the present 
length of term, but the general opinion is that it would be better 
to limit the office to one term. 

President Jackson, in his first annual message to Congress, 
I'ccommended a change of the electoral system to one that would 
give the people a direct choice in the election of their President, 
and in connection with that recommendation he also expressed 
himself in favor of the limitation to a single term, and in subse- 
quent Congressional debates on this subject the Jacksonian idea 
was conspicuously in favor. 

The arguments in favor of a single term are numerous, and thoy 
all play around one central idea— the sovereignty of the people. 
It would relieve the Presidential office from many embarrass- 
ments which now environ it. It would tend largely to relieve 
the country of the quadrennial scandals which we witness upon 
the incoming of a new administration. It would, to a very great 
extent, do away with the dread which business men entertain 
when there is prospect of a great conflict between parties con- 
tending for difl'erent methods of fiscal policy. It would rid the 
country of swarms of place-hunters which now buzz about the 
sources of patronage, whose habits vitiate our political nrir-als. 



It would restore to many of our citizens the manhood of their 
younger and better years before the allurements of office drew 
them into tho whirlpool of politics. It would give to the office 
of President a security, an independence, and a dignity which 
it has not now and never can have again as long as it is made a 
citadel to be continuously attacked by a hungry horde whoso 
only ambition is to appropriate tho spoils. As it is now, when tho 
President assumes office his friends set about to secure his re- 
election that they may profit by it, while his enemies of the same 
party conspire to compass his defeat in order that through his 
retirement they in turn may procure office. A single term for 
the President would relieve us of all that. 

If it bo suggested that to elect the President by a direct voto 
of the people and to limit his tenure to a single term, would have 
the effect to destroy the cohesion of parties and render useless 
the splendid machinery of party organization, it may be an- 
swered, first: The resolution which I have been discussing pro- 
poses to save to tho voters of every party all their privileges in 
that respect; and. second, that to weaken party tics would not 
be an unmixed ovil; indeed, it sometimes becomes necessary in 
the common interest to defeat and disband great parties. This 
always happens when a new issue of grave import isbroughtfor- 
ward — an issue on which party leaders take one side and the 
voting masses take the other. This took plac3 in 1800, and I 
expect it to occur again in 1896. 

Political parties as now managed are among the great things 
that could l>e safely dispensed with. Their methods do not re- 
flect the will of a riiajorit^ of their membership; they are made 
tho tools of powerful factions and large epociilativo enterprises, 
all more or loss controlled by forces which operate at tho money 
and trade centers. The political campaign of the modern typo 
has dropped to so low a level that tho managers, like command- 
ers of armies in war, think only of success. Means to be em- 
ployed are not put to tho Christian's test. 

Acts that would not pass muster in the ordinary affairs of life 
go unchallenged in a political contest when party interests are 
at stake. So far down have we gone that wo purchase votes as 
we would days' works. And this sort of moral profligacy always 
involves at least two specific crimes, the bribe and the conceal- 
ing and defending of the perpetrators. 

The cost, in dollars, of one campaign is enormous; the loss to 
our jjublic morals is great beyond estimate. 

So large have our election expenses grown that in some of tho 
States laws have been enacted requiring public statements show- 
ing how much money is so used and for what particular purposes. 
This brings out part of the amount disbursed by committees, but 
it does not bring to public view the greater amount paid out by 
local candidates and by individual workers on their own account. 
Concerning the amount of funds raised by the national commit- 
tees during the last Presidential campaign tho New York Sun of 
November 3 published the following. I omit irrelevant matter. 

Submitted herewith Is the aulhorltativo statement of expenses of this 
campai'Ti up to date. This is not hearsay ertdenco; it comes from the high- 
est •iom-ce. In the Urst place the nomination of President Harrison at Minne- 
apolis post $100,000. SincethentheK-piiblicai)shaveral.Sfd$-'..MX).otjix ' ' ' 

Th« expenses of the Democrats in the national lluht, datmg from February 
22 last, v.-hen at Albany the antlsnap movement was inaugurated, have been 
large. All told, that movement cost JJOO.OOO. 

The nomination of Mr. Cleveland at Chicago cost approximately taw.oOJ. 
This statement is made on the authority of a member of the national Demo- 
cratic committee. The expenses at national headquarters have been larger 
proportionately than at Mr. Carter's shop. ,.„,„„.„„,,,,„ 

The Democratic committee has been compelled each week to face a salary 
list 3 yards lorn? * » * The distrilniliou or funds from tho two headquar- 
ters in the last two days will perhaps demonstrate clearly more than any- 
thin" else just where the flffht is. Tliere may bo one or two errors In the 
Kep-iblicau schedule, for the reason that one or two statements could not ac- 
tually be confirmed, but ills approximately correct ,„.ir„,.,,rM„- 

The Republican schedule is as follows: New York. S-jOCOOO; Ne^v YorkCltj , 
$,-0,01)0; Indiana. Si.W.OOO; Connecticut, »100,000; Alabama, 8100,000; Delaware. 
$35!o0O. Total, SI, 125.000. „, , ^„, , , _ »t»v,,„o,,.. 

Funds have also beensent to Virginia, Wisconsin. Illinois, Iowa, Nebraska, 

The Democratic schedtUo la correct. It Is furnished by an eminent au- 

*■ The funds distributed by the Deinocr.ats withlii the last forty-eight hours 
have been sent as follows: New York State, e.100,(»a; Now \orl; C »> ■ * |»-0W. 
Indi.ana fUO.OOO; Ohio, $.i0.0o(i: Vir.iiinla. Sln.oOO; West \ Irglnia, 5.^<.00i), Con- 
necticut, «75,000; North Carolina. *<0.000. Total, !755,0OJ. ,.„„„„, 
In the foregoing schedule the amounts sent into New Jersey and distrimi- 
ted from the branch headquarters ot the national Democratic committee in 
Chicago are not included. These amounts could not bo ascerlainco. 

And by way of showing where the money in large measure 
comes from, here are a few extracts from an Albany, N. Y., tele- 
gram to a Socialist paper: 

ALBANT, N. Y., .Yor«n»fr 39, J».'. 

The Evenlnc Journal ot this citv has been delivering itself ot some fainoij,s 
trmhs The ttanlSTsswirh Which it has been malting its statements is 
wha" gives them an interest that they would not otherwise have. • • • 

"-re are some ot the curious passages: „,,,,-,,. i„,«i„<.-. Wall 

:he politics ot tho business men is the pol tics ot their basiucss. Wall 
at aid What adheres to \Val street Ls their poll leal crctH** 'It 



^II^Ii^c:^SS^.^li^ih!s^^i\^l^ ^^.^iiUYii^fer Cleve^^nd 
Who felt that'?o control the nominations ot the two conventions would be 



684 



CONGRESSIONAL RECORD— SENATE. 



Januaey 19, 



easier than to elect their man at the polls. It Is the acme of the science of 
modern politics. 

« * « « « • * 

In view of this reraarltablo consplrary to control the nominees of the pop- 
ular conventions it will be recalled how frequently wealthy but inactive 
Kepiiblicans were heard to remarli during the recent campainn that they 
were glad Cleveland was nominated: that in any event t jC country was safe, 
and that they cared little whether Harrison or Cleveland v.-on. This idea 
found no expression in the public press, but every man Itnows how deeply 
rooted it was in the minds of the men whom he met in daily intercourse. 

Business men said simply: "Weare safe with either. This is the cheap- 
est election that we have experienced for twenty -five years. Heads we win, 
tails you lose." And the poor, deluded Populists of the West fell into the 
trap and helped to down Harrison. 

We shall havo parties, Mr. Pre.sident, as long- as we have is- 
sues to determine, and that is well. But the general welfare 
does not require that political organizations should grow gray 
befoi'e they die. Old parties drift away from the toiling masses 
and drop into dangerous ways. They become arbitrary and op- 
pressive. Their leaders grow rich and powerful or they become 
subservient to great interests that are able to pay campaign ex- 
penses. Parties ought to be always young. Then they are vig- 
orous and responsive, quick to catch the people's voice and 
prompt to execute their will. 

Once give to the peojile the privilege of casting their votes 
directly for the chief ollicer of the Republic, knowing that he 
is not eligible to a second term, and you bring about a new and 
better education of voters, who would then divide themselves on 
present issues; they would rise to a higher plane of political 
thought; they would organize on principles and not on jireju- 
dices, taking care of to-day rather than of yesterday, and they 
would hold to parties only as long as they were useful in pro- 
moting the general welfare. 

Great measures of public policy would then be originated by 
the people themselves, whoso representatives in Congress would 
pi'oceed without party bitterness, engendered in a heated party 
struggle, to execute the will of the voters. The campaign cara- 
van would be abolished, the noise and the glamour, the pyrotech- 
nics and the gaudy display's of party gatherings would cease to 
attract and amuse, and the tone of political literature would be 
in corresponding degree purified and improved. It would p3r- 
mit the birth of now parties without placing weights and man- 
acles on them, for then all will have learned that now parties 
are needed to handle new issues. Voters would change their 
party alignment with every change of issue, and when a victory 
is won it would be a victory of the people. 

DISTRICT IMPROVEMENTS. 

Mr. HARRIS. I ask the Chair to lay before the Senate the 
message from the House of Representatives in relation to Senate 
bill 130V. 

The PRESIDING OFFICER (Mr. Hale in the chair). The 
Chair lays before the Senate the action of the House of Repre- 
sentatives upon the bill indicated by the Senator f i-om Tennes- 
see, which will be read. 

The Chief Clerk read as follows: . 

In the HonsB, June 30, 1892. 

Resolved, That the House of Representatives disagree to the report of the 
committee of conference on the disagreeing votes of the two Houses to the 
amendments of the House to Senate bill 1307, to provide.a permanent systeui 
of highways in that part of the District of Columbia lying outside of cities. 

In the House, January is, 1S03. 

Resolved, That the House further insist upon its amendments to the bill 
(S. 1307) to provide a permanent system of highways in that part of the 
District of Columbia lying outside of cities, and ask a further conference 
with the Senate on the disagreeing votes of the two Houses thereon. 

Ordered, That Mr. HEMPHILL, Mr. Heaed, and Mr. Post be the managers 
on the part of the House. 

Mr. HARRIS. I move that the Senate grant the furthercon- 
ference asked by the House of Representatives. 

The motion was agreed to. 

unanimous consent, the Presiding Officer was authorized 
to appoint the conferees on the part of the Senate: and Mr. Har- 
ris, Mr. McMillan, and Mr. Perkins were appointed. 

HOUSE BILLS EEFERRED. 

The following bills, received from the House of Representa- 
tives, were severally read twice by their titles, and referred to 
the Committ;e on the Judiciary: 

A bill (H. R. 9611) to amend section 8-17 of the Revised Statutes 
of the United Slates, relating to commissioners' fees; 

A bill (H. R. 9612) to amend S'/ction S3:i of the Revised Statutes 
of the United States, relating to semiannual returns of fees by 
district attorneys, marshals, and clerks; 

A bill (H. R. 1)613) to amend section 828 of the Revised Statutes 
of the United States, relating to clerks' fees; 

A bill i.H. R. 9979) to regulate the right of appeal in certain 
cases; and 

A bill ( H. R. 9610) to amend section 1014 of the Revised Statutes 
of the United States, relating to offenses against the United 
States. 



The following bills were generally read twice by their titles, 
and referred to the Committee on Commerce: 

A bill (H. R. 10062) to authorize the construction of a bridge 
across the Osage River between the mouths of the Poinrae de 
Terre River and Buffalo Creek, in Benton County, Mo.; and 

A bill (H. R. 6797) to authorize the construction of a bridge 
across the Cahawba River, in Bibb County, Ala., by the Mont- 
gomery, Tuscaloosa and MeniDhis Railway.' 

The bill (H. R. 9053 1 to punish trespassers on the lands of either 
of the fivecivilized tribes was read twice by its title, and referred 
to the Committee on Indian Affairs. 

The bill (H. R. 9069) for the further continuance of the publi- 
cation of the supplement to the Revised Statutes of the United 
States was read twice by its title, and referred to the Committee 
on the Revision of the Laws of the United States. 

CALIFORNIA DEBRIS COM&USSION. 

Mr. STEWART. I ask the Senate to proceed to the consid- 
eration of the bill (H. R. 9286) to create the California Debris 
Commission and regulate hydraulic mining in the State of Cal- 
ifOi-nia. I think it will take but a little time. It is a shoit bill, 
and it is quite important that it should be passed. 

By unanimous consent, tlie Senate, as in Committee of the 
Whole, proceeded to consider the bill which had been reported 
from the Committee on Mines and Mining with amendments. 

The Secretary proceeded to read the bill. 

Mr. STEWART. I think it would facilitate the consideration 
of the bill to have the amendments of the committee considered 
as they are reached in the reading. 

The PRESIDING OFFICER. The hour of 2 o'clock having 
arrived it is the duty of the Chair to lay before the Senate the 
unlinishcd business. 

DEALING IN OPTIONS AND FUTURES. 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (H. R. 784,0) defining "options "and ''fu- 
tures," imposing special taxes on dealers therein, and requiring 
such dealers and persons engaged in selling certain products to 
obtain license, and for other purposes. 

The PRESIDING OFFICER. The pending question is on 
the amendment proposed by the Senator from Mississiijpi [Mr. 
George], on which the Senator from Connecticut [Mr. Platt] 
is entitled to the floor. 

Mr. PLATT. Mr. President, when at the last meeting of the 
Senate for business I addressed myself to this question the in- 
terruptions, of which I did not and do not complain, led to the 
extension of my remarks to a length which I had not contem- 
plated when I commenced, and I do not intend to occupy a great 
amount of time this morning. 

On Tuesday I endeavored to show, and I think I did show, that 
the proposed legislation was in no sense whatever an exercise of 
tlie taxing power. Other Senators had said that it was not a 
legitimate use of the taxing power of the Constitution; that it 
was an abuse of the taxing power of the Constitution. I main- 
tain that it would be in no sense an exercise of the power to lay 
and collect taxes which is found in the Constitution of the United 
States, because tlie penalties or exactions, whichever they may 
be called, which the bill imposes upon those who deal in prop- 
erty which they have not in hand at the time they propose to 
sell it can not be called taxes. They are not intended to raise 
reventie, and it is a primary and essential purpose of a tax that 
it shall raise revenue. Whatever else may be intended by the 
laying of a tax, it must be in addition to the purpose to raise 
revenue and not disconnected from it. 

I will not go over the ground of my argument on a former day, 
but I want to call attention once more to the danger of the doc- 
trine which is to be proclaimed by the passage of this bill, the 
doctrine that the power to tax is the power to destroy, and there- 
fore Congress has the right to destroy. 

Mr. President, there has been no question of such momentous 
consequence before Congress since the war of the rebellion. The 
deliberate announcement that Congress may destroy individual 
property of any kind in any State and may prohibit individual 
business of any kind in any State is the most dangerous doctrine 
ever proclaimed in this Chamber since it was announced that 
States had a right to secede from the Union and that the Gov- 
ernment bad no power to coerce them. 

I beg Senators who think that in an incautious moment they 
have in someway become committed to the passage of this bill to 
stop andconsider what they will be committed to if the bill passes. 
Can a Senator commit himself tot!ie doctrine that Congress may 
destroy all individual property at will in every State of the 
Union, may prohibit all individual business at will in every 
State of the Union':' For that is the meat and the essence of this 
bill. 

The bill is defended upon only what has b ?en called an aphor- 



1893. 



COKGRESSIONAL EECORD— HOUSE. 



703 



THE SPEAKER. The bill will be read subject to objection. 

The bill was read at leng-th. 

Mr. TAYLOR of Illinois. Let the report be read subject .to 
objection. 

The SPEAKER. Without objection the report will be read. 

The report was read at length. 

Mr. TAYLOR of Illinois. Before consent is given, Mr. Speaker, 
I should like to have some further explanation of this bill. 

Mr. BANKHEAD. Mr. Speaker, as set forth in the report, 
in 1856 Dr. Read invented a ritle shot or projectile which was ex- 
tensively used by the United States Government under a con- 
tract made with'him for that purpose. He had a contract with 
the Secretary of War to pay him a reasonable royalty on the in- 
vention in case of its use by the Government. Under that con- 
tractand aft jr this invention had been extensively used, a board 
of army officers was appointed to ascertain and investigate what 
a reasonable royalty would be for the use of the projectile. That 
board of army officers, after a very thoroug-h investigation of 
the subject, reported that in their opinion $17,000 was a reason- 
able and just price to pay for the invention. 

This bill has bean passed by the House on three separate oc- 
casions; it has passed the Senate on two occasions, and passed 
both the House and Senate on one occasion, but failed to reach 
the President in time for his signature. I think it is a perfectly 
just claim . 

Dr. Read has been prosecuting this claim for some twenty 
years past: he has grown old in its prosecution. 

It is certainly a just and pi-oper claim; the Government owes 
the amount of money, and if it intends to pay its just debts to its 
citizens it seems to me that there can be no reasonable objection 
interposed to the passage of this bill. 

Mr. OATES. If my colleague will allow me, for twenty years 
or more this claim has been before Congress, and never in a 
single instance has thex'e been a report adverse to it. The re- 
ports have been imiformly in its favor. 

The SPEAKER. Is there objection to the present considera- 
tion of the liill? 

Mr. TAYLOR of Illinois. This is a very old claim, but I am 
informed that the beneiiciai-y is a deformed little girl, and so I 
do not object. 

Mr. BY NUM. I object. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCoOK, its Secretary, 
announced that the Senate had disagreed to the amendments of 
the House to the bill (S. 1307) to provide a permanent system of 
highways in that part of the District of Columbia lying outside 
of the city, had agreed to a further conference asked by the 
House, and had appointed Mr. H.\RRis, Mr. McMillan, and Mr. 
Perkins as the conferees on the part of the Senate. 

It also announced that the Senate had passed the bill (S. 3707) 
making an appropriation for establishing buoyage on the water 
front of Chicago, Lake Michigan, Illinois; in which the concur- 
rence of the House was requested. 

It also announced that the Senate had agreed to the amend- 
ments of the House of Representatives to the joint resolution 
(S. R. 128) '■ to authorize the Secretary of War to grant permits 
for the use of reservations and public spaces in the city of Wash- 
ington, and for other purposes." 

GRUBB & ROBINSON. 

Mr. BRODERICK. I ask unanimous consent for the present 
consideration of the bill (H. R. 941.3) to authorize the proper ac- 
counting officer of the Treasury Department to examine and 
audit, according to equity, the claim of Grubb & Robinson, a 
firm consisting of Alfred B. Grubb and William H. Robinson, 
and of Alfred B. Grubb, for building material sold and delivered 
to members of the Prairie band of Pottawatomie Indians in 
Kansas. 

The bill was read at length. 

Mr. BRODERICK. I ask to have the following report read. 

The SPEAKER, Without objection the report accompanying 
the bill will be read. 

The report was read at length. 

The SPEAKER. Is there objection to the present consider- 
ation of the billV 

Mr. WATSON. I call for the regular order. 

The SPEAKER. The demand for the regular order is equiva- 
lent to an objection. 

The regular order is the call of the standing and select com- 
mittees for reports. 

SALARIES OF THE RAILWAY POSTAL CLERKS. 

Mr. HENDERSON of North Carolina, from the Committee 
on the Post-OfBce and Post-Roads, reported back the bill (S. 
2604) to reclassify and prescribe the salaries of railway and postal 



clerks; which was referred to the Committee of the Whole House 
on the state of the Union. 

SENECA INDIANS. 
Mr. HOOKER of New York, from the Committee on Indian 
Affairs, reported back the bill (H.R.1020G) to ratify and confirm 
an agreement made between the Seneca Nation of Indians and 
William B. Barker; which was referred to the Committee of the 
Whole House on the state of the Union. 

NEW YORK INDIANS. 

The SPEAKER. The morning hour begins at twonty-four 
minutes past 12 o'clock. 

Mr. PEEL. Mr. Speaker, I ask that the call go back to the 
Committee on Indian Affairs, which committee was passed with- 
out prejudice. I desire to take up a bill which has already been 
considered in part, authorizing the Now York Indians to bring 
their claims before the Court of Claims. 

The SPEAKER. The Committee on Indian Affairs had re- 
served to it the right to be called, and the gonlloinan from Ar- 
kansas now exercises that right. 

The Clerk will report the title of the bill iMjnding ia the 
morning hour. 

The Clerk read ae follows: 

A tjill (U. R. 5679) to provide for a settlement with the Indians who were 
parties to and beneticiarles under the treaty concluded at Uuflalo Creek. In 
the State of New York. January 15, 1838. for iho unexecuted stipulations of 
tliat treaty. 

The SPEAKER. This bill was being considered in Committee 
of the Whole. 

Mr. PEEL. I move that the House resolve itself in the Com- 
mittee of the Whole for the further consideration of this bill. 

The motion was agreed to. 

Accordingly the House resolved itself into the Committee of the 
Whole House on the state of the Union, for the further considera- 
tion of the bill (H. R. 5679) to provide for a settlement with the 
Indians who were parties to and beneficiaries under the treaty 
concluded at Buffalo Creek, in the State of New York, January 
15, 1838, for the unexecuted stipulations of that treaty, with Mr. 
Tarsney in the chair. 

Mr. PEEL. Mr. Chairman, if the committee will give me 
their attention I will say that it will be remembered by those 
who took notice of the proceedings in this matter, that when 
the hour expired the other day the committee was dividing. 

The CHAIRMAN. The gentleman from ArkansaslMr. Peel] 
and the gentleman from New York [Mr. Bentley] were act- 
ing as tellers. 

Sir. PEEL. If the tellers were to resume their places now, 
of course the committee would be unable to remember the sub- 
ject-matter, and I move that the vote by which tellers were 
ordered may be reconsidered, so that the subject-matter may bo 
explained again to the committee, and so that members may 
know what they are voting upon. 

The motion was agreed to. 

Accordingly the vote by which tellers were ordered was re- 
considered. 

Mr. PEEL. Now, Mr. Chairman, if the committee will give 
me their attention — and especially it the gentleman from In- 
diana [Mr. HoljlvnJ, who objected to this matter before, will 
give me his attention — I will say that the Committee on Indian 
Affairs reported a House bill to approjjriato nearly two millions 
of dollars to pay the New York Indians their claim as found by 
the Court of Claims. The Senate committee reported a bill to 
refer the matter to the Court of Claims again for the purpose of 
ascertaining the law in connection with the facts, as well as the 
facts themselves. When the bill was up before, we asked to sub- 
stitute the Senate bill for the House bill. Since that time the 
Senate have passed their bill referring this matter to the Court 
of Claims. I have the proceedings as shown by the RECORD, in 
my hand. 

I now move that the engrossed Senate bill, which is the same 
as the printed Senate bill, bo substituted for the House bill. 
The House bill appropriates the money, while the Senate bill 
docs not, but refers the matter to the Court of Claims to find 
the amount due, restricting the court from finding any interest; 
so that the first vote should be on the motion to substitute the 
Senate bill for the House bill. To that I do not think there can 
be anv objection, because the House bill appropriates the money, 
while" the Senate bill refers the matter to the court. I would 
like to have a vote on that, so that we may get to the substitute, 
and then the matter will be thoroughly explained to the com- 
mittee. -^ 

L "Ml ffnriW 'iTT Let the Senate bill be read. 
■ Mr. PEEL. I ask that the cngi-ossed Senate bill be read. It 
is the bill (S. 3407) to authorize the Court of Claims to hear and 
determine the claims of certain New York Indians against the 
United States. 



704 



CONGRESSIONAL RECORD— HOUSE. 



jAifUARY 19, 



The bill was read, as follows: 

Be it enaded etc , That jurisdiction Is hereby conferred on the Court of 
riniraa to hear and enter up judgment as if it had original jurisdiction of 
Knifl r-ise the claim of the New York Indians, being those Indians who were 
mrlies to the treaty of Buffalo Creek, New York, on tiie loth of January, 
IVAH a"aiust the United States, growing out of the alleged tinexecuted stipu- 
lat'ioi'is of said treaty on the part of the United States, In the hearing and 
a'diudication of said case said court may proceed upon the linding of facts 
already made, upon a reference of said claim to said court, tiled ou the Uth 
day of January, 1W9J, and transmitted to Congress by John Randolph, as- 
sistant clerk of said court, on the 16th day of January, 1892. Or said court 
may if in its opinion justice so requii'es, take other testimony as to tacts. 
But in any judgment it may render against the United States, in favor of 
said claimants, interest shall not be allowed. The statute of limitations 
shall not be pleaded as a bar to recovery in said case. The Attorney-Gen- 
eral is hereby directed to appear in behalf of the United States in said 
case And from any judgment rendered by the court, either party may 
appeal to the Supreme Court of the United States. Said cause shall be ad- 
vanced on the docket and tried without delay in any court which shall be- 
come invested vrith jurisdiction thereof by the provisions of this act. 

Mr. PEEL. Now, Mr. Chairman, the question is on adopting 
the substitute, which refer.-? the matter back to the Court of 
Claims to determine, instead of voting upon the House bill which 
appropriates the money. 

The CHAIRMAN. The question is on the motion of the gen- 
tleman from Arkansas [Mr. Peel], that the Senate bill now on 
the Speaker's table, just reported by the Clerk, be recommended 
to the House as a substitute for the House bill, and that the 
House bill do lie upon the table. 

Mr. HOLM AN. I wish to inquire of my friend from Arkansas 
[Mr. Peel] whether this matter has been referred to the Indian 
Bureau and a report madeV 

Mr. PEEL. I am not advised; but my colleague [Mr. HOOKER 
of New York] can probably tell. 

Mr. HOOKER of New York. It has been, and the Indian 
Bureau recommends the passage of the bill. 

Mr. HOLMAN. I hope we will have the retiort from the In- 
dian Bureau read. 

Mr. HOOKER of New York. I have not the report here. 

Mr. HOLMAN. I think this measure should not pass unless 
it is recommended by at least the Indian Commissioner, and I 
think it should also'be recommended by the Secretary of the 
Interior. 

Mr. PEEL. I will say to my friend that he ceiiainly can not 
object to a vote being taken on the question of substituting the 
Senate bill for the House bill. Then the issue will arise whether 
the substitute should pass. I would like to have a vote taken 
on that, and then I will have the statement from the Senate 
read, which explains the matter very fully. My colleague [Mr. 
Hooker of New York] states that the Commissioner has rec- 
ommended it, and I hope the gentleman will not object. 

Mr. HOLMAN. But the letter of the Commissioner ought to 
be printed in the Record. 

Mr. PEEL. It may be in the report. 

Mr. HOLMAN. My friend will understand fully that it is 
obvious that this claiin will be adjudicated in favor of the Indians 
by the court, from the linding which they have already made, 
the subject having already been before them. The only question 
is whether, in a claim over fifty years of age, the House should 
apply the principle of the statute of limitations or not. If the 
matter is referred to the court, of course the court will allow the 
money. That is very obvious from the facts already stated, and 
which appears in the report. I do not remember what gentle- 
man interested himself in the subject when it was up before, but a 
question of this magnitude ought certainly to be fairly considered. 

I was in hopes that the Seci-etary of the Interior, or at least 
the Commissioner of Indian AlTairs, had made a full report upon 
the claim. This transaction occurred over forty years ago, and 
it seems to me almo.->t incredible that this should have remained 
all this time in this way. 

Mr. PEEL. Mr. Chairman, it is not strange to a man who 
had had experience in this House why claims against the United 
States, by Indians or anybody else, are allowed to grow old, I 
am not posted why it was in this particular case; but I am never 
afraid of the courts of my own country adjudicating a claim 
against the Government for anybody. The motion which I make 
now is not to pass the bill, but to pass the substitute, a Senate 
bill, which the Senate has passed (and I have the proceedings 
of that body in my hand), to refer this claim back to the Court 
of Claims. 

The court once found in favor of these Indians. Instead of 
going ou with the other bill, and appropriating the money, in 
response to that judgment of the Court of Claims, the Senate 
thought it safer to send the claim back to the Court of Claims 
for farther adjudication, with the right of either party to appeal 
to the Supreme Court of the United States, the Government to 
be represented by the Attorney-General. Therefore I can not 
see why any gentleman can object to adopting this substitute, 
and let each party take its chancs in the courts of our own coun- 
try to see whether the Indians are entitled to the amount. 



Mr. HOLMAN. As against anybody else but Indians, the 
statute of limitations would have operated long ago. I do not 
pretend to say that the statute of limitations ought to operate 
against the Indian tribes, because in some sense we are the ti;us- 
tees of those Indians, but certainly my friend will do the com- 
mittee the justice to have at least the findings of the Court of 
Claims read, so that we may know what we ai-e doing. 

Mr. PEEL. Mr. Chaii-man, the i-eport made by the Senate 
committee contains all that; but it will take our entire hour to 
have it read. 

Mr. HOLMAN. Read what the Senate committee did. 

Mr. PEEL. The whole report of the Senate committee was 
read before, at the instance of my friend from Indiana. The J 
committee made the Senate report a part of their report. The I 
findings of the Court of Claims have been read to this House. ' 
My friend from Indiana says now he recognizes the fact that the 
statutes of limitation ought not to be applied against our wards. 
My friend forgets that before, at his instance, I moved to strike A 
out that portion of the bill providing that the statute of limita- \ 
tion should not run. It was stricken out by this committee on 
my friend's own motion. Now, he admits that that ought not to 
be done, and he is ftiirer now than he was then. 

I hope we will have a vote upon the substitute; and then we 
will discuss further the merits of the substitute. 

Mr. HOLMAN. I think the report ought to be read. 

Mr. PEEL. It has been read once. 

Mr. HOLMAN. I know; but these things pass out of our minds 
so rapidly. 

Mr. RAY. Mr. Chairman, I would like to say to the gentle- 
man from Indiana that this claim has not slept. President Lin- 
coln recognized the justice of the claim in 1864 

The CHAIRMAN. Does the gentleman ask for the reading of 
the Senate or the House reportV 

Mr. HOLMAN. I think that the House report ought to be 
read. 

Mr. PEEL. The House repoi-t adopts the Senate report, and 
to have it read now would be equivalent to defeating the whole 
measure. 

Mr. REED. Ask unanimous consent for the continuance of the 
morning hour. 

Mr. PEEL. The report has been read once. 

Mr. REED. Perhaps if you were to ask for the continuance of 
the morning hour until this bill is finished, you might dispose of 
the measure. 

Mr. PEEL. The committee that has the day would object. 
This day is set apart for the consideration of business of another 
committee. 

Mr. REED. I do not think the gentleman from Indiana means 
to defeat the bill in that way. 

Mr. RAY. Mv. Chairman, I want to say for the information 
of th 3 gentleman from Indiana [Mr. Holm.\n] that President 
Lincoln recognized the justice of the claimants in their demand 
in lS(i-l. It was also recognized again in l.S(iS by President .lohn- 
son, by the appointment of a commissioner to treat for the ex- 
tinguishment of the Indian title to these lands. But nothing 
was accomplished then. Since then bills for the purpose of 
making appropriations to permit the Secretary of the Interior 
to adjust this "claim have been passed on in committee, in the 
Forty-third Congress, in the Forty-fifth Congress, and in the 
Forty-eighth Congress, with favorable rei)orts, but the question 
never has been reached for action. 

Mr. HOLMAN. Now, what was the title tobe extinguished? 
Mr. RAY. The title of these Indians. 

Mr. DOLLIVER. Mr. Chairman, we can not hear what the 
gentlemen say. 
The CHAIRMAN. The Chair is unable to hear a word. 
Mr. RAY. Mr. Chairman, by the treaty m.ade with these In- 
dians almost the entire State of Kansas was given to these In- 
dian tribes. Afterivards the Government went on and sold these 
lands at about $1.43 per acre and covered the money into the 
Treasury, without making any provision for the protection of the 
rights of these Indians. Of course the title to that land ha,s 
passed to the settlers, and it was for the purpose of appropri- 
ating money to extinguish the title of the Indians and their 
claims to this land that this action was taken. 

Mr. HOLMAN. Was not that grant made to those Indians 
on condition of thiir settlement upon the lands and their aban- 
donment of certain Indian lands in Wisconsin and Michigany 

Mr. RAY. The grant of these lands in Kansas was made by 
that treaty to those Indians upon condition that they should sur- 
I'endor certain lands in Wisconsin. 
Mr. MILLER. Five hundred thousand acres. 
Mr. RAY. Yes, .500,000 acres of land in Wisconsin. They 
did surrender and relinquish to the United States Government 
their claim to those lands. The United Slates Government did 
sell those lands in Wisconsin, did receive the money for them, 



1893. 



CONGRESSIONAL RECORD— HOUSE. 



747 



AGRICUIiTDRAL, APPROPRIATION BILL. 

]\Ir. HATCH. Mr. Speaker, I asktmanimous consent that the 
Bubcommittee of the Committee on Agriculture, having in charge 
the appropriation bill, be authorized to sit during the sessions 
of the House until the completion of the bill. 

The SPEAKER. In the absence of objection that order will 
be made. 

There was no objection. 

DIGEST, HOUSE OF REPRESKNTATIVES. 

Mr. RICHARDSON. Mr. Speaker, I submit a privileged re- 
port from the Committee on Printing. 

The SPEAKER. The report will be read. 

The Clerk read as follows: 

Hesolved. That there be printeil copies of the Digest and Manual of the 

Rules and Practice of the Ho'jse of Representatives for the second session of 
the Fiity-seci md Cougi-ess, t he same to be hound and distributed under the di- 
rect lou of the Speaker and Clerk of the House : copies thereof to he bound 

in paper covers. 

The Committee on Printing, to whom was referred the foregoing resolu- 
tion, report the same back wlih the recommendation that it do pass, with 
the foUowins amendments: FUl the first blank by inserting "2,500." .and the 
second by inserting -500;" so that it will read: "i.oOO copies of the Digest 
and Manual of the Rules and Practice o[ tne House of Representatives for 
the second session of the Fifty-second Congress,"etc., and " 500 coines thereof 
to be bound in paper covers." 

The estimated cost of same is $3,508, 

The amendments recommended by the committee were agreed 
to. 

The resolution as amended was agreed to. 

On motion of Mr. RICHARDSON, a motion to reconsider the 
last vote was laid upon the table. 

ORDER OP BUSINESS. 

The SPEAKER. The regular order is the call of the stand- 
ing and select committees for reports. 

SOILED PAPER CURRENCY. 

LIr. BACON, from the Committee on Banking and Currency, 
reported back the bill (H. R. 10012) to provide for the speedy 
and frequent redemption of United States paper currency and 
national bank notes which have become soiled, impure, unclean, 
or otherwise unfit for use; which was referred to the Committee 
of the Whole House on the state of the Union. 

REPORTS OF NATIONAL BANKING ASSOCIATIONS, ETC. 

Mr. BACON also, from the Committee on Banking and Cur- 
rency, reported back with amendments the bill (H. R. 10118) to 
amend section 5209 of the Revised Statutes; which was referred 
to the House Calendar. 

REGULATION OF COMMERCE. 

Mr. STOKER, from the Committee on Interstate and Foi'eign 
Commerce, reported back the bill (H. R. 10232) to amend the act 
to regulate commerce; which was referred to the House Calendar. 

Mr. STOKER also, from the Committee on Interstate and For- 
eign Commerce, reported back the biU (H. R. 10250) to amend an 
act entitled "An act to regulate commerce;" which was referred 
to the House Calendar. 

BUOYAGE WATER LINE, CHICAGO, ILL. 

Mr. BRICKNER, from the Committee on Interstate and For- 
eign Commerce, reported back the bill (S. 3707) to make an ap- 
propriation for the establishment of buoyage on the water front 
of Chicago, LakeMichigan, 111.; which was referred to the House 
Calendar. 

ROCKPORT AND H.\RBOR ISLAND SUBURBAN RAILROAD. 

Mr. CRAIN, from the Committee on Interstate and Foreign 
Commerce, reported back the bill (H. R. 9174) authorizing the 
Rockport and Harbor Island Suburban Railroad to construct a 
bridge across the Corpus Christi channel, known a,s the Morris 
and Cummings Ship Channel, near its entrance into Aransas 
Bay, in Aransas County, Tex.; which was referred to the House 
Calendar. 

lOLLE LAC INDIAN RESERVATION IN MINNESOTA. 

By Mr. AMERM AN, from the Committee on the Public Lands: 
Joint resolution (S. R. 86) for the protection of those parties who 
have heretofore been allowed to make entries of lands within 
the former Mille Lac Indian Reservation in Minnesota— to the 
House Calendar. 

TRUST, LOAN. AND OTHER CORPORATIONS, DISTRICT OF CO- 
LUMBIA. 

By Mr. RICHARDSON, from the Committee on the District of 

Columbia: A bill (H. R. 10248) to amend an act to provide for the 
incorporation of trust, loan, mortgage, and certain other incor- 
porations within the District of Columbia — to the House Calen- 
dar. 

SALE OF LIQUORS, DISTRICT OF COLUMBIA. 

By Mr. HEMPHILL, from the Committee on the District of 
Columbia: A bill (H. R. 7207) to regulate the sale of distilled and 



fermented liquors in the District of Columbia — to the House 
Calendar. 

SATURDAY HALF-HOLIDAY, DISTRICT OF OOLUMBI.J 
By Mr. HEMPHILL, from the Committee on the District of 
Columbia: .Toint resolution (S.R. 130) to amend an act entitled 
"An act making Saturday a half-holiday for banking and trust 
companies in the District of Columbia," approved December 22, 
1892 — to the House Calendar. 

ECLECTIC MEDICAL SOCIETY, DISTRICT OF COLUMBIA. 
By Mr. HEMPHILL, from the Committee on the District of 
Columbia: A bill (S. 741) to incorporate the Eclectic Medical So- 
ciety of the District of Columbia — to the House Calendar. 
EAST WASHINGTON CROSS-TOWN RAILWAY COMPANY. 
By Mr. HEARD, from the Committee on the District of Co- 
lumbia: A bill (H. K. .i353) to incorporate the East Washington 
Crcsstown Railway Company of the Districtof Columbia — to the 
House Calendar. 

WASHINGTON, BURNT MILLS AND SANDY SPRING . RAILWAY 
COMPANY'. 
By Mr. RICHARDSON, from thj Committee on the District 
of Columbia: A bill (H. R. 995(i) to incorporate the Washington, 
Burnt Mills and Sandy Spring Railway Company — to the House 
Calendar. 

ORDER OF BUSINESS. 

The SPEAKER. This completes the call of the standing and 
select committees for reports. The morning hour begins at five 
minutes to 1. The call rests with the Committee on the Library, 
which committee had a bill pending yesterday. 

Mr. CUMMINGS. Mr. Speaker, I withdraw that bill. 

The SPEAKER. This is tha second call for the purpose of 
permitting committees to bring up measures for consideration. 

The Committee on Rivers and Harbors was called. 

Mr. BLANCHARD. I aslc unanimous consent to pass the 
Committee on Rivers and Harbors, with the right to be taken 
up later without prejudice. 

Mr. B.4CON. I object. 

The Committee on Military Affairs was called. 

HOSPITAL CORPS, UNITED STATES ARMY. 
Mr. OUTHWAITE. Mr. Speaker, I call up the bill (H. R. 
9925) to establish companies of the Hospital Corps, United States 

Army, and for other purposes. 

The bill was read, as follows: 

Be il enacted, etc.. That the companies of the Hospital Corps, organized by 
the Secretary of War In the -Medical Department of the Army, are hereby es- 
tablished upon the same military status as companies of infantry, and shall 
hereafter be known as companies of the Ho-pital Corps, 

Sec. S, That each company shall consist of eight hospital sergeants, one of 
whom shall be selected as first sergeant and one asquartermaster sergeant: 
six hospital corporals, two musicians, one artilicer, and as many privates, not 
exceeding one hundred, as the President may direct. 

SEC. 3. That the hospital sergeants shall be detailed ,as such from the hos- 
pital stewards, the hospital corporals fromthe acting hospital stewards, and 
the remain lUg members of the companies from the privates of the Hospital 
Corps. United States Army: and each shall receive the pay of his grade In 
the Hospital Corps. „ 

Sec. 4. That the necessary officers to command the companies of the Hos- 
pital Corps shall be detailed from the Medical Department. United States 
Army. 

Sec. 5. That the President Is authorized to organize for bearer, ambu- 
lance, field, hospital, and other like service, such companies of the Hospital 
Corps as he may deem necessary. 

Sec. 6. That all acts or parts of acts inconsistent with the provtslons of 
this act are hereby repealed. 

The SPEAKER. This bill is on the Union Calendar. 

Mr. OUTHWAITE. The bill does not provide for any appro- 
priation or require anj- expenditure of money whatever. It 
should be on the House Calendar. If it is on the Union Calendar 
it is there by mistake. 

The SPEAKER. That being true, the Committee of the 
Whole will be discharged from the further consideration of it, 
and it will be considered in the House. 

Thei'e was no objection. 

The SPEAKER. The Clerk will report the amendment pro- 
posed by the committee. 

The Clerk read as follows: 

Amend line 3, in section 1, by addlag the word "already " after the words 
"Hospital Corps," and striking out all of section 0. 

The amendments were agreed to. 

The bill as amended was ordered to bo engrossed and read a 
third time; and being engrossed, was accordingly read the third 
time, and passed. 

On motion of Mr. OUTHWAITE, a motion to reconsider the 
last vote was laid on the tabic. 

POST TRADERSHIPS. 

Mr. OUTHWAITE. Mr. Speaker, I call up the bill (S. 3117) 
relating to post traderships. 



748 



CONGKESSIONAL llEOORD— HOUSE. 



Jajstuaky 21, 



The bill was read, as follows: 

Be tt enacted, ete.. That whore :i vacancy now exists or hereafter occurs In 
the Voiitlou o post trader at any military post it shall not be filled and the 
authorUy to maVe such appointnieut is hereby terminated: Promded, That 
to the event of the death of a post trader his personal representative shall 
be allowed by the Secretary of War a reasonable time in which to close the 
business. 

Mr. HEARD. I would like to ask the gentleman in charge of 
the bin to make a brief explanation. I do not know of any good 
reason why (he bill should not pass, but I shoidd like the gentle- 
man to state briefly the reason why he thinks it should pass. 

Mr. OUTHWAITE. Mr. Speaker, I will ask for the reading 
of the report. 

The report (by Mr. Oothwaite) was read, as follows: 

The Committee on Military .Affairs, having had under consideration the 
bill (S 3117) to abolish post traderships, are of the opinion that this measure 
should become a law. and therefore recommend that the bill do pass. 

The Senate report, a copy of which is hereunto attached, Is adopted by the 
House committee. 

[Senate Rejiort No. "13, Fifty-second Congress, first session.] 
The Committee on Military Affairs, to whom was referred the bill (S. 31 17) 
relating to post traderships, have had the same under consideration and sub- 
mit the following report: . , .,, » -, 

The purpose of this bill is to abolish post traderships. It will not produce 
a radical change, and the present system will continue \mtll those persons 
who are now post traders shall either die or retire, but when vacaucie.s occur 
from either of those causes, then the post tradership shall be .abolished. The 
bill has received the approval of the War Department and the Major-General 
Commanding the Army, whose report is herewith appended. An extract 
from the last report of the Secretary of War upon this subject Is also an- 
Kcxcd 

Your committee has amended the bill and In its amended form recom- 
mend that it pass. 

Headquahters or the Abmt, 

^Yashinglon. D. C, May U, 18!)2. 

Sir: Referring to Senate bill 3117, entitled "A bill relating to post trader- 
ships." 1 have the honor to report as follows: 

The position of post trader was originally established in part, perhaps, as 
a substitute for the old sutlershlp which had been abolished, but mainly as 
a means of supplying necessities to emigrants and travelers passing or vis- 
iting military posts on the frontier at a period of time when the Army and 
roving Indians were almost the sole inhabitants of a vast region of country. 
Around all those, then new, frontier posts have grown up thriving towns 
where traders of all kinds are able to supply the necessities above referred 
to, by means of which the post trader became only a privileged rival of citi- 
zens engaged in legitimate business in the near vicinity. 

These trade stores were also found to be a demoralizing element in nearly 
every garrison being places of dissipation for both officers and enlisted men. 
Under the wiser social custom gradually developed In the Army, both ofB- 
cers and enlisted men have generally been provided with far better means 
for social entertainment and recreation, the officers having their post messes 
or clubs, and the soldiers the institution now called "exchange," both of 
which are In the main cooperative stores in their character, and as such 
supply to the officers and their families and to the enlisted men of every gar- 
rison all those comforts and luxuries which are deemed essential in modern 
socictv 

The post trader Is no longer necessary, and in nearly all cases, if continued 
at all, would be only a source of detrimentto the best interests of the Army. 
In some cases the policy of the War Department to do away with all post 
traders has been delayed through a just and generous regard for vested in- 
terests of the present incumbents, and such have been permitted to continue 
their business until they could close out without material loss, and their 
buildings have been or are to be purchased at a fair price whenever that 
may be done to the advantage of the Government. So rajiidly as this can 
be accomplished the system of post traders should be eliminated entirely, 
and I therefore fully concur in the wisdom of the proposed law repealing the 
authority to appoint post traders in the Army. This necessity can never 
hereafter again arise so long as the territory of the United States remains 
with its present boundaries. 

very respectfully, j. M. SCHOFIELD, 

Major- General Commanding. 

The Secretary op War. 

[Extract from the last report of the Secretary of War.] 
At the beginning of this administration there were licensed post traders 
at most army posts. They were a privileged class, exempt from taxation, 
because located on Government reservations, and had practically a monop- 
oly of the trade in such articles as were not furnished or sold by thequarter- 
master or commissary. Wherever cities and Ullages have grown up near 
the formerly remote Western posts, and the post trader has thus ceased to 
be a necessity, it has been my purpose to discontinue the system as napidly 
aspossible and permit the trade of military posts, outside o( the ordinary 
governmental supplies, to take its regular channels. 

On the 4th of March. 1889, there were eighty-five of these traders. There 
are now but twenty-two, .and seven of these have been notified that their 
licenses will bo revoked within a short time, at a date so fixed as to give 
them an oijportunitv to sell or reduce their stocks. Four of the remaining 
fifteen are at posts whose abandonment has been ordered, or soon will be, so 
that at the end of the fiscal year there will be only eleven remaining. 

The parties who held these privileges had large personal and political in- 
fluence, and it has not been an easy or pleasant task to make this change. 
Many of them also had invested considerable capital in these enterprises, 
and were therefore, entitled to consideration and a reasonable time to close 
their business But theu' profits had been large, and I believe that no injus- 
tice has been done them. It was a pernicious system and necessity was the 
only excuse for its existence at any lime. It has outlived whatever useful- 
ness it may have had, and its longer continuance is not tor the interest of 
the service or tor the public good. 

Mr. OUTHWAITE (during the reading of the report). I ask 
that the further reading of the report be dispensed with. 
Mr. HEARD. I am content with the report as far as read. 
The bill was ordered to a third reading; and it was accord- 
ingly read the thii-d time, and passed. 



LINES OF BATTLE OF THE ARMY OF NORTHERN VIRGINIA AT 
GETTYSBURG. 

Mr. OUTHWAITE. Mr. Speaker, I now call up the bill (S. 
2914) for marking the lines of battle and positions of troops of 
the Army of Northern Virginia at Gettysburg, Pa., and for other 
purposes. ■ 

The SPEAKER. The Clerk will repoct the title of the bill. ^ 

The title of the bill was reported. 

Mr. OUTHWAITE. I move that the House resolve itself into 
Committee of the Whole for the purpo.se of considering the Sen- 
ate bill. 

The motion was agreed to. 

The House accordingly resolved itself into Committee of the 
Whole. Mr. Bynum in the chair. 

The CHAIRMAN. The House is in Committee of the Whole J 
for the purpose of considering the bill which the Clerk will re- ^ 
port. 

The Clerk proceeded to read the bill. 

Mr. OUTHWAITE (during the reading of the bill). Mr. 
Chairman, so far as the bill has been read it places before the 
committee fully and clearly the purposes of the bill. I therefore 
ask unanimous consent that the further first reading of the bill 
be dispensed with. 

The CHAIRMAN. The gentleman from Ohio asks unani- 
mous consent to dispense with the further first reading of the 
bill. Is there objection? [After a pause.] The Chair hears 
none. . 

Mr. OUTHWAITE. I ask that the Clerk now commence with 
the reading of the bill by sections. 

The Clerk read as follows: 

Jle it enacted, e'c. That for the purpose of preserving the lines of battle at 
Gettysburg, Pa., and for properly marking with tablets the positions occu- 
pied by the various commanus of the armies of the Potomac and of North- 
ern Virginia on that field, and for the purchase or condemnation of land of 
hi:itorical importance, and for opening and Improving avenues along tne 
positions occupied by troops upon those lines, and for fencing the same, and 
tor determining the leading tactical positions of batteries, regiments, brig- 
ades, divisions, corps, and other organizations with reference to the study 
•and correct understanding of the battle, and to mark the same with suitable 
tablets, each bearing a brief historical legend, compiled without praise ana 
without censure, and to be prepared by said commission and approved by 
the Secretary of W.ar, the said Secretary Is hereby authorized and uirected 
to appoint three commissioners, two of whom shall have been participants 
in the battle of Gettysburg, and one of whom shall have been an officer ol 
the Army of Northern Virginia; and the said commis.sloners shall have the 
general charge of the work alores-<id. and shall recommend the purchase of 
such land as they deem It necessary for the United States to acquire for the 
purposes aforesaid, and they shall, under the directions and instructions or 
the Secretary of War, execute the provisions of this act. The said commis- 
sioners shall be paid such compensation, out of the appropriation provided 
in this act, as the Secretary of War shall deem reasonable and just, not ex- 
ceeding $10 each per day of actual service, and they may employ such sur- 
veying parties and clerical assistance as may be necessary, and secure such 
historical information as they may need, at compensations for these several 
services to be fixed by the commission, subject to the approval of the Secre- 
tary of War, and to be paid out of the appropriation provided in this act. 

Mr. OUTHWAITE. Mr. Chairman, I ask that the amend- 
ments to this .section be voted on in gross, unless a separate vote 
bo demanded. 

The CHAIRMAN. The gentleman from Ohioasks imanimous 
consent that the committee amendments be voted on in gross. 
Is there objectiony [After a pause.] The Chair hears none. 

Mr. BURROWS. What are the amendments'? 

The CHAIRMAN. The Clerk will report the amendments. 

The Clerk read as follows: 

In line 4, section!, after the word "field," tosert "and the securing and 
compiling of additional historical data now available beyond that now in 
possession of the Government." ,. , , 

In line 8, section 1. strike out the words " the leading" and insert in place 
thereof the words "delineating the most Important." At the end of same 
lino add the words ".and evolutions." 

Section S. Strike out all after the word "censure," m line 13, to and includ- 
ing the word "and," in line 21, and insert in place thereof the following: 

"A conimis-ilou is hereby created and established, under the name of • The 
Gettysburg Battlefield Commission,' to consist of three members, who 
shall be appoint-d hy the Secretary of War, one ol whom shall be a civilian 
who is recognized as the person best Informed in the history of the battle, 
possessing the most thorough knowledge of the history of the battle, 
and who shall be chairman of the commission and its historian; one an 
officer of the Army of the Potomac who participated in the battle, and one 
an offl'-er of the Army of Northern Virginia who participated in the battle. 
Said commission shall have a principal office in connection with the War 
betj-artment in the city of Washington. 

"'The said chairman shall, as soon as possible after his appointment, com- 
pile historical maps showing not only the general lines of battle of the two 
armies, but approximately the successive tactical and strategic positions 
and evolutions of all bodies of troops taking part in said engagement, to the 
end that all the principal operations of batteries, regiments, brigades, diyi- 
."ions, and corps, and other organizations, when acting as such respectively, 
may be represented upon said maps, and by means of which the said several 
positions and evolutions of said organizations may be marked upon t he held, 
and for said special services in the preparation of said maps said historian 
shall be paid a reasonable compensation, not exceeding thesum of fij.OOO. to 
I e fixed by the Secretary otWar: the same to be paid in such installments, 
according to the progress of the work, as may be determined upon between 
sakl historian and the Secretary of War." . ,. , 

Line 20, section I . strike out the word " aforesaid " and insert m lieu thereof 
the words "upon the field." , • ,, 

Line 21, section 1, after the word -purchase, insert "or condemnation. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



733 



construction of a public building at Baker City, Oregon, re- 
ported it with an amendment. 

He also, from the same committee, reported four amendments 
intended to be proposed to the simdry-civil appropriation bill; 
whioli were referred 'to the Committee on Appropriations, and 
ordered to be printed. 

Mr. HARRIS. The Committee on the District of Columbia, 
to whom was referred the bill (S. 3521) to amend the charter of 
the Eckington and Soldiers' Home Railway Company, of the 
District of Columbia, have directed me to report the same ad- 
versely and to ask that the bill be indefinitely postponed for the 
reason that the committee have already reported favorably a 
House bill substantially the same as the bill now reported ad- 
versely. 

The i-eport was agreed to. 

Mr. PEFFER, from the Committee on Claims, to whom was 
referred the bill (S. 988) for the relief of Mrs. Emilio M. For- 
riere, widow and representative of Louis L. Ferriere, deceased, 
submitted an adverse report thereon; which was agreed to, and 
the bill was postponed indefinitely. 

Mr. McMillan, from the Committee on the District of Co- 
lumbia, to whom was referred an amendment intended to be 
proposed to the District appropriation bill, the amendtuent 
making- an appropriation for the purpose of condemning or pur- 
chasing the ground needed to extend and open Thirty-seveiiyj_ 
street, between Back street and Tenuallytown road, at or nSSf 
Schneider lane, reported it favorably, and moved that it be re- 
ferred to the Committee on Appropriations and be printed; 
which was agreed to. 

Mr. VEST, from the Select Committee on the Transportation 
and Sale of Meat Products, to whom was referred the bill (S. 
3522) to create a bureau in the Department of Agriculture for 
the giving public information of the production and shipping of 
live stock, reported it without amendment. 

He also, from the Committee on Commerce, to whom was re- 
ferred the bill (H. R. 0797) to authorize the construction of a 
bridge across the Cahaba River, in Bibb County, Ala., by the 
Montgomery, Tuscaloosa and Memphis Railway, reported it with- 
out amendment. 

Mr. MITCHELL. I am directed by the Committee on Claims, 
to whom was referred the bill (S. 1954) for the relief of Lewis D. 
Allen, to report it adversely. I call the attention of the Senator 
from Missouri [Mr. Cockrell] to the report. 

Mr. COCKRELL. I think the Senator from Oregon has done 
exactly right. I am very glad to know he has reported the bill 
adversely. 

Mr. MITCHELL. I move that the bill be indefinitely post- 
poned, and ask that the report be printed. 

The PRESIDENT pro tempore. Under the rules of the Senate 
the report will be printed, notwithstanding it is adverse. The 
bill will be indefinitely postponed, if there be no objection. 

Mr. MITCHELL, from the Committee on Claims, to whom was 
referred the bill (S. 3520) for the relief of Jason Wheeler, late 
United States Indian agent at Warm Springs Agency, Oregon, 
reported it without amendment and submitted a i-eport thereon. 

MISSOURI RIVER BRIDGE AT OMAHA. 

Mr. FRYE. From the Committee on Commerce I report back 
favorably, with an amendment, the bill (S. 3727) to amend "An 
act authorizing the construction of a railway, street railway, mo- 
tor, wagon, and pedestrian bridge over the Missouri River, near 
Council Bluffs, Iowa, andOmaha, Nebr., and to extend the time 
for the completion of the bridge therein provided for.'' As it 
is important that the bill shall become a law at this session of 
Congress, I ask that it may receive present consideration. There 
will be no objection to it. 

Mr. COCKRELL. Let it be read for information. 

Mr. HARRIS. Subject to objection. 

The bill was read; and there being no objection, the Senate, 
as in Committee of the Whole, proceeded to its consideration. 

The amendment of the Committee on Commerce was to add to 
the bill the following proviso: 

Provided, Thai theuavigationof the Missouri River shall not V)e obstructed 
by false works during the construction of the bridge. 

So as to make the bill read: 

Be it enacted, etc.. That section 8 of the act entitled "An act authorizing the 
constrvictlon of a railway, street railway, motor, wagon, and pedestrian 
bridge overthe Missouri R'iver, nearCouncil Bluffs, Iowa, and Omaha, Nebr,'' 
be amended to read as follows; 

" Sec. 8. That this act shall be null and void if construction of said bridge 
shall not be commenced on or before the 1st day of January, 1892, and bo 
completed on or before the 1st day of July, 1898; Provided. That the naviga- 
tion of the Missouri River shall not be obstructed by false works during the 
couslruction of the bridge." 

The amendment was agreed to. 

The bill was reported to the Senate as amended and the amend- 
ment was concuri-ed in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 



ARREARAGES OF DISTRICT TAXES. 

Mr. HUNTON. I am dii-ected by the Committee on tli^is- 
trict of Columbia, to whom was referred the bill (S. 33.^.'il to 
amend the act of May (i, 1890, fixing the rate of interest to be 
charged on arrearages of general and special taxes now duo tho 
District of Columbia, to report it with a favorable recommenda- 
tion, and t am further instructed unanimously by tho commit- 
tee to ask the consent of the Senate to put the bill upon its pas- 
sage. It is an important matter which has been indorsed by the 
District Commissioners and tho bill is unanimously reported by 
the District Committee. 

Mr. COCKRELL and Mr. SHERMAN. Lot the bill bo read 
for information. 

The bill was read, as follows: 

He it enacted, etc.. That all persons whose properly was Involved in suits of 
law. or whex'e minors were owners at the iimo the arrearages of taxes wero 
received at I5 per cent and penalties oft, may, within six mouths frmn ibo 
dale of passage of this bill, h;ive the privilege of paying said arrearages ol 
taxes up to July 1, 1893, with remission of penalties, and Interest to be com- 
puted at the rale of 8 per cent per :innum. 

By unanimous consent, the Sonata, as in Committee of tho 
Whole, proceeded to consider tho bill. 

The bill was reported to the Senate without amendment, ordered 
to bo engrossed for a third reading, read tho third time, and 
passe^p—^ 

TABERNACLE SOCIETY OP THE DISTRICT OF COLUMBIA. 

Mr. VANCE. I am instructed by the Committee on the Dis- 
trict of Columbia, to whom was referred the bill (S. 3690) to in- 
corporate the Tabernacle Society of the District of Columbia, to 
report it favorably, with an amendment, and I ask that it be 
now considercul. 

Mr. C( K'KKblLL. Let the bill be read for information. 

Tho I'RESIDKNT pro tempore. The bill will be read at length 
for tho information of the Senate. 

Tho Secretary read tho bill, as follows: 

Be it enacted, etc.. That Thomas J. Kervock, Mrs. C. H. L. Coues, Mrs. Flor- 
ence S. Vance, Mrs. Kate R. Maun, Miss Fannie Whelan, and Miss Rafael 
Aco^ta, and their associates and successors, are hereby constituted a body 
politic and corporate by the name of the Tabernacle .Society of the District 
of Columbia, with power to sue and be sued, plead and be Impleaded, and 
have perpetual succession; to acquire, take by devise-, bequest, orolherwlse, 
hold, purchase, encumber, and convey such real and personal estate as shall 
be required tor the purpose of its incorporation ; to in;ike and use a common 
seal, and the same to alter at pleasure; to choose a bo:ird of trustees con- 
sisting of not more than tifleen, of whom Ave shall constitute a quorum to 
do business, and which board shall be authorized to 1111 ;iiiy vacancies In their 
number; to appoint suchoHlcers and agents as the business of Ihe coriiora- 
tion shall require, and to make by-laws for the accomplishment of its pur- 
poses, for the management of its property, and for the regulation of Its af- 
fairs. 

Sec. 2. That this act may be amended or repealed at any time by the Con- 
gress In its pleasure. 

Mr. COCKRELL. I should like to ask the Senator from North 
Carolina what is the object of the bill? Tho bill gives unlim- 
ited power to this corporation to bold and acquire real and per- 
sonal estate; there is no limit to the amount: and there is no ob- 
ject specified in the bill for which the association is organized. 

Mr. VANCE. I will state that the object is specified; but not 
in the bill as it was read by the Secretary. The object is to fur- 
nish vestments and sacred vessels to poor churches. 

Mr. COCKRELL. That object is not specified in the bill as 
printed. My attention was directed to the bill, and I had a copy 
of it on my desk and made a memorandum upon it. 

Mr. VANCE. The bill was amended by the committee. 

The PRESIDENT pro ffmport'. Tho Chair calls attention to 
the fact that the bill is repoi-tcd with an amendment. It was 
retid as introduced; but there is an amendment reported by tho 
committee. 

Mr. VEST. Let the amendment be read. 

Mr. COCKRELL. Let us hear the amendment, then. 

Mr. SHERMAN. I think tho bill had better be placed on the 
Calendar. 

Mr. VANCE. I will take this opportunity to state that the 
bill was changed by tho printer. The object of the association 
wa-> expressly stiptilated and set forth in the original bill, and 
the printer, "by what authority I do not know, drew his pen 
through it, which forced us again to amend the bill in the com- 
mittee. 

The PRESIDENT pro tempore. Is there objection to the pres- 
ent consideration of the bill? 

There being no objection, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The PRESIDENT pro tempore. Tho amendments of the com- 
mittee will be stated. 

The Secretary. In line 7, after the word " Columbia,"' in- 
sert: 

.\n association to provide vestments and sacred vessels to poor churches. 

The amendment was agreed to. 



734 



CONGRESSIONAL EECOED— SENATE. 



jAlfUAEY 21, 



The bill was reported to the Senate as amended, and the amend- 
tnont was concurred in. , , . , •, . , ■ 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

KILLING OF PEANK RILEY. 

Mr. SHERMAN. I am directed by the Committee on Foreign 
Relations to report back favorably a resolution submitted by ths 
Senator from Oregon [Mr. Mitchell] calling for information 
from the State Department, and to recommend its passage. 

The PRESIDENT pro tempore. The resolution will be read. 

The resolution submitted by Mr. Mitchell December 6, 1892, 
was read, as follows: 

Hesolved, That tlie President be ana hs hereby i.s requestefl, if not incom- 
patible with the public interests, to transmit to the Senate, at his earliest 
convenience, copies r.f all correspondence on file in the Department of State, 
if .anv relating to the alleged killing of Frank Riley, an American sailor of 
the United States steamship Newark, in Genoa, Italy, in August or Septem- 
ber last. 

Mr. MITCHELL. I suggest that the resolution be put on its 
passage, if the Senator from Ohio has no objection. 

Mr. SHERMAN. I have no objection. 

Mr. MITCHELL. I ask for the immediate consideration of 
the resolution, by consent of the chairman of the committee. 

The resolution was considered by unanimous consent, and 
agreed to. 

HEA TON'S "RECALL OP COLUMBUS." 

Itlr. QUAY. I am instructed by the Committee on the Library, 
to whom was referred the joint resolution (S.R. 13-t) authorizing 
the exhibition, at the World's Columbian Exposition, of the 
picture entitled "The Recall of Columbus." by Augustus G. 
Heaton. to report it with an amendment in the nature of a sub- 
stitute, and I ask the unanimous consent of the Senate that it be 
immediately placed on its passage. 

By unanimous consent, the Senate, as in the Committee of the 
Whole, proceeded te consider the joint resolution. 

The amendment of the Committee on the Library was to strike 
out all after the resolving clause and insert: 

That the Architect of the Capitol be, and he hereby is. authorized to loan 
to the Department of State the picttire in the Capitol entitled " The Recall 
Of Columbus." by Augustus G. Heaton, for exhibition at the World's Colum- 
biau Exposition. 

The amendment was agreed to. 

The joint resolution was reported to the Senate as amended, and 
the amendment was concurred in. 

The joint resolution was ordered to be engrossed for a third 
reading, read the third time, and passed. 

The title was amended so as to read: "A joint resolution au- 
thorizing the loan, for exhibition at the World's Columbian Ex- 
position, of the picture entitled 'The Recall of Columbus,' by 
Augustus G. Heaton." 

POTOMAC AQUEDUCT BRIDGE. 

Mr. GALLINGER. I am instructed by the Committee on the 
District of Columbia, to whom was referi'ed the joint resolution 
(S. R. 133) instructing the Secretary of War to cause an exami- 
nation to be made of the piers of the Aciueduct bridge, and the 
District Commissioners to furnish a statement of expenditures 
on account of said bridge since it became the joint property of 
the United States and the District of Columbia, to report a S:n- 
ate resolution as a substitute for the joint resolution, and I am 
likewise instructed by the committee to ask for its immediate 
consideration. 

The PRESIDENT pro tempore. The joint resolution, in the 
absence of objection, will be indefinitely postponed. The Sena- 
tor from New Hampshire asks unanimous consent for the pres- 
ent consideration of the Senate resolution which is reported as a 
substitute. 

The Senate, by unanimous consent, proceeded to consider the 
resolution; which was read, as follows: 

A resolution instructing the Se<Tet.ary of War to cause an examination to be 
made of the piers of the Aqueduct bridge, and the District Commissioners 
to furnish a statement of expenditures on account of said bridge since it 
became the joint property of the United States and the District of Colimi- 
bia. 

Whereas by the annual report of the Commissioners of the District of Co- 
lumbia for the year ending June 30, 1889, It is made to appear that the ma- 
sonry composing the piers of the Aqueduct bridge was largely in need of 
repair and at least one of the piers thereof had settled 4 inches to the 
north, and large cavities caused by erosion existed in more than one of said 
piers, and that a large sum of money was expended in the repaii'Of the same: 
Therefore, 

h'fiolced, That the Secretary of War is hereby authorized and directed to 
cause to be made a thorough examination of the piers of said bridge by some 
competent officer of the Engineer Corps of the United States Army, and re- 
port to Congress at an early day- 
First. If anv one of said piers of said bridge has so settled as to be out of 
plumb; and, if so, which way it leans. 

Second. What cavities, if any. exist in any of the piers of said bridge re- 

citiiring repairs or in auy way impairing the supporting capacity of said 

piers, or either of them, niaking specilic report of delects, if any, in each pier. 

Third. That he transmit a copy of the report of the otBcer of the Engineer 

Corps charged with the duty of constructing the piers of the said bridge. 



showing as minutely as may bo the plans and processes used in the construc- 
tion thereof. 

And he it further resolved. That the Commissioners of the District of Co- 
lumbia be required to transmit to Congress a detailed report of any and all 
exi)enses incurred in the repair of the piers of said bridge since the same be- 
came the joint property of the United States and, the District of Columbia, 
and by whom said repairs, if any. were made, and under whose direction or 
.supervision the same were made. and. as fully as may be practicable, a de- 
tailed accomit of the work o( making the same, and a copy of the report of 
any officer of the District or employ^ thereof , engaged in the said work, or 
upon any part thereof, including a statement as to whether the said Commis- 
sioners iiave ever caused either or all of the piers of said bridge to be tested 
with plumb and level, or auy other suitable instrument, to see if either or all 
of them, are out of plumb, and. It so, the result of such examination. 

The PRESIDENT pTO Umpore. The question is on agreeing 
to the resolution. 
The resolution was agreed to. 

PRESIDENTIAL APPROVALS. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of his secretaries, announced that the President 
had, on the 20th instant, approved and signed the following acts: 

An act (S. 118) for the relief of the estate of Isaac W. Talking- 
ton, deceased: and 

An act (S. 3195) granting to the Yuma Pumping Irrigation 
Company the right of way for two ditches across that part of the 
Yuma Indian Reservation lying in Arizona. 

BILLS INTRODUCED. 

Mr. TELLER introduced a bill (S. '^743) granting a pension to 
Julia E. Lock, formerly widow of the late Gen. Daniel McCook; 
which was read twice by its title, and, with the accompanying 
papers, referred to the Committee on Pensions. 

Mr. CHANDLER introduced a bill (S. 3744) granting a pen- 
sion to Alice Iv. Potter, widow of Gen. Joseph H. Potter, de- 
ceased; which was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. BRICE introduced a bill (S. 3745) to amend the military 
record of Thomas M. Elliott: which was read twice by its title, 
and, with the accompanying papers, referred, to the Committee 
on Military Affairs. 

Mr. WOLCOTT introduced a bill (S. 3746) granting a pension 
to William J. Eaton: which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. PEFFER introduced a 1 ill (S. 3747) for the relief of Wil- 
liam K. Copeland; which was read twice by its title, and referred 
to the Committee on Pcn.^ions. 

Mr. STOCKBRIDGE introduced a bill (S. 3748) granting a pen- 
sion to B. C. Goodhue; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Pensions. 

Mr. CULLOM introduced a bill (S. 3749) to place William H. 
Bailhache on the retired littof the Army; which was read twice 
by its title, and referi'ed to the Committee on Military Affairs. 

Mr. CALL introduted a bill (S. 3750) granting an increase of 
pension to Benjamin F. Perry; which was read twice by its 
title, and referred to the Committee en Pensions. 

He also introduced a bill (S. 3751) granting a pension to John 
Hatcher; which was read twice by its title, and referred to the 
Committee on Pensions. 

Mr. WHITE introduced a bill (S. 3752) for the relief of Mrs. 
Mattie S. Holland: which was read twice by its title, and re- 
ferrtd to the Committee on Claims. 

Mr. WILSON (by request) introduced a joint resolution (S. R. 
138) to i-ecover the Value of the Columbian souvenir coins in cer- 
tain contingencies; which was read twice by its title, and referred 
to the Committee on the Quadro-Centcnnial (Select). 

AMENDMENTS TO APPROPRIATION BILLS. 

Mr. CAREY submitted an amendment intended to he proposed 
by him to the legislative appropriation bill: which was referred 
to the Committee on Agriculture and Forestry, and ordered to 
be pi-inted. 

He also submitted an amendment intended to be proposed by 
him to the sundry civil appropriation bill: which was referred 
to the Committee on Agriculture and Forestry, and ordered to 
be printed. 

Mr. CHANDLER .submitted an amendment intended to be 
proposed by him to the Indian appropriation bill; which was 
referred to the Committee on Appropriations, and ordered to be 
printed. 

He also submitted an amendment intended to be proposed by 
him to the general deficiency ajipropriation bill: which was re- 
ferred to the Committee on Appropriations, and ordered to be 
printed. 

He also submitted an amendment intended to be proposed by 
him to the fortification appropriation bill: which v.'as referred 
to the Committee on Appropriations, and ordered to bo printed. 

Mr. PROCTOR submitted an amendment intended to be pro- 
posed by him to the Army appropriation bill; which was referred 
to the Committee on Military Affairs, and ordered to be printed. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



819 



PRESIDENTIAL ELECTORS. 

The VICE-PRESIDENT laid before the Senate a communica- 
tion from the Secretary of State, transmitting, in pursuance of 
the provisions of the act of Congress approved February 3, 1887, 
a certified copy of the final ascertainment of tho electors for 
President and Vice-President appointed in the State of Michi- 
gan, at the election held therein on the 8th day of November, 
189-, as certiiied to him by the governor of that State; which 
was ordered to lie on the table. 

SALMON FISHERIES OP ALASKA. 

The VICE-PRESIDENT laid before the Senate a communica- 
tion from the Secretary of the Treasury, transmitting, in re- 
sponse to a resolution of tho 19th instant, the report of Special 
Agent Max Pracht, having in charge the protection of the sal- 
mon fisheries of Alaska; which was read. 

Mr. PLATT. I think the communication should be referred 
to the Committee on Appropriations. It relates, to bj sui-o, to 
the salmon fishing industry in Alaska, and might perhaps go 
to tho Committee on Fisheries; but an appropriation will be 
asked for the continuance of the supervision of those fisheries. 
That matter is now before tho Committee on Territories, and 
the committee will, I think, report in favor of an amendment to 
the sundry civil or some other appropriation bill for that pur- 
pose. I think, therofore, that tho communication and accom- 
panying papers had better go to the Committee on Appropria- 
tions, unless it is desired to refer them to the Committee on 
Fisheries. 

Mr. DOLPH. The papers will be printed, I suppose. 

Mr. PLATT. Yes. 

Mr. DOLPH. I think the reference suggested a pi-opor one. 

Mr. PLATT. Unless a claim is made by the Committee on 
Fisheries, I move that the communication, with the accompany- 
ing papers, be referred to the Committee on Appropriations and 
printed. 

The motion was agreed to. 

INDIAN DEPREDATION CLAIMS. 

The VICE-PRESIDENT laid before the Senate a communica- 
tion from the Attorney-General in response to a resolution of 
the 21st instant relative to specified classes of Indian depreda- 
tion claims entitled to priority of consideration under section 4 
of the act of March .3, 1891, transmitting the decisions of the 
Court of Claims in the cases of John T. Mitchell, administrator, 
etc., rs. The Unit:d States and Sioux Nation of Indians, and of 
James S. Valk, executor, etc., vs. Tho United States and Rogue 
River Tribe of Indians; which, on motion of Mr. Ch.\NDLER, 
■was, with the accompanying papers, referred to the Select Com- 
mittee.on Indian Depredations, and ordered to be printed. 

BRIGHTWOOD RAILWAY COMPANY. 

The VICE-PRESIDENT laid before the Senate a commimica- 
tion from the president of the Brightwood Railway Company of 
the District of Columbia, transmitting the names of stockhold- 
ers ot that company, etc.; which was referred to the Committee 
on tho District of Columbia, and ordered to be printed. 

PETITIONS AND MEMORIALS. 

The VICE-PRESIDENT presented memorials of the Third 
Presbyterian Chui-ch of Camden, and of the Presbyterian Church 
of New Providence, in the State of New Jersey, remonstrating 
against the repeal of the law closing the World's Columbian Ex- 
position; which wore referred to the Committee on the Quadro- 
Centeunial (Select). 

Mr. SHERMAN presented a petition of the North Star Grange, 
No. 671, Patrons of Husbandry, of Geneva, Ohio, praying for 
tho passage of the Washburn-Hatch antioption bill; which was 
ordered to lie on the table. 

He also presented a memorial of the congregation of the First 
Presbyterian Church of Canton, Ohio, remonstrating against 
the repeal of the law closing the World's Columbian Exposition 
on Sunday; which was referred to the Committee on the Quadro- 
Centennial (Select*. 

He also presentfed petitions ot the Boards of Trade of West 
Alexandria, Youngstown, Findlay, Canton, andCuyahogaFalls, 
all in the State of Ohio, praying for the establishment of a na- 
tional quarantine, and the suspension of immigration until tho 
quarantine defense of the country shall be placed in a condition 
to guarantee protection from contagious diseases; which were 
ordered to lie on the table. 

Mr. SAWYER presented a petition of sundry bankers and 
business men of Fox Lake, Wis., praying for the repeal of the 
so-called Sherman silver law; which was ordered to lie on the 
table. 

Mr. VILAS presented a petitionof the Manufacturers and Job- 



bers' Union of La Crosse, Wis., praying for tho rejieal of tho so- 
called Sherman silver law, and remonstrating against the fur- 
ther purchase of sUver by the Secretary of the Treasury; which 
was ordered to lie on tho table. 

Mr. WILSON presented petitions of tho Tailors' Local Union 
No. 207, of Burlmgton, Iowa, and of Union No. 700, United 
Brotherhood of Carpenters and Joiners of America, of Keokuk, 
Iowa, praying for tho opening ot the World's Columbian Expo- 
sition on Sunday; which wore referred to tho Committee on the 
Quadro-Ccntennial (Select). 

Ho also presontad a ])otition of tho Farmers' Institute ot How- 
ard County, Iowa, praying for the passage ot the antioption bill; 
which was ordered to lie on the table. 

Mr. QUAY presented petitions ot the Paint and Drug Club of 
Pittsburg and the Trades League of Philadelphia, in tho State 
of Pennsylvania, praying for the passage of the Torroy bank- 
ruptcy bill; which wore referred to the Committee on tho Judi- 
ciary. 

Ho also presented a petition of tho Philadelphia (Pa.) Board 
of Trade, praying for the repeal ot the so-called Sherman silver 
law: which was ordered to lie on tho table. 

He also presented a petition of Capt. Henry F. Picking, Gar- 
rison No. 8, Regular Army and Navy Union, of Eric, Pa., pray- 
ing Congress to further amend the law retiring enlisted men of 
tho Army and Marine Corps of the United States after thirty 
years' honorable service; which was referred to tho Committee 
on Military Affairs. 

Mr. CULLOM presented petitions of Cigar-Makers' Union 
No. ;iS, of Springfield, 111., and of Local Union No. 788, of Illi- 
nois, United Brotherhood ot Carpenters and Joiners of America, 
praying for tho opening of tho World's Columbian Exj)osition 
on Sunday; which were referred to the Committee on tho Quadro- 
C.^ntennial (Select). 

He also presented a petition of South Fiatt Grange, No. 1044, 
Patrons of Husbandry, of Illinois, praying for the ])assago of tho 
antioption bill; which was ordered to lie on the table. 

Ho also prosanted a petition of business men and citizens ot 
Mendota, 111., praying that tho pui-chase of silver under the so- 
called Sherman act be immediately discontinued; which was or- 
dered to lie on the table. 

He also presented petitions of citizens of .Tasper, Wayne, Ham- 
ilton, Monroe, Jefrerson. and Moultrie Counties, all in tho State 
of Illinois, praying for the appointment of a .Senate committco 
to investigate the combine formed to depreciate the price of 
grain now existing between the millers, railroads, elevators, etc.; 
which were referred to the Committee on Agriculture and For- 
estry. 

Mr. DANIEL presented a petition of business men of Norfolk, 
Va., praying for tho repeal of the so-called Sherman silver law; 
which was ordered to lie on tho table. 

REPORTS OF COMMITTEES. 

Mr. MORRILL. I am instructed by the Committee on Fi- 
nance, to whom was referred tho bill (S. 3500) to amend an act 
entitled "An act to credit and pay to tho several States and Ter- 
ritories and District of Columbia all moneys collected under the 
direct tax levied by the act of Congress, api)i'oved Augusts, 1861," 
approved March L", 1891, to report adversely thereon. I ask, 
houover, that the bill be placed on the Calendar. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar with the adverse report of the committee. 

Mr. MORRILL, from the Committee on Finance, to whom was 
referred the bill (H. R. 5504) to permit the withdrawal of certain 
papei's and the signing of certain receipts by John Finn or his 
attorney, asked to bo discharged from its further consideration, 
and that it be referred to tho Committee on Claims; which was 
agreed to. 

Mr. MCMILLAN. I am directed by tho Committee on the 
District of Columbia, to whom the subject was referred, to sub- 
mit a report accompanied by a bill to authorize reasses.sments 
for local improvements in the District ot Columbia, and for other 
purposes. I ask that the bill be read twice, and referred to the 
Committee on Appropriations. 

The bill (S. 3761; to authorize reassessments for local imjn 
ments in tho District ot Columbia, and for other purposes, was 
read twice by its title, and referred to the Committee on Ap- 
propriations. 

Mr. DAVIS, from the Committee on Pensions, to whom was 
referred the bill (H. R. 8275) granting a pension to Abraham B. 
Simmons, of Capt. Thomas Tripps company, in Col. Brisbane's 
regiment. South Carolina Volunteers, in the Florida Indian war, 
reported it without amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred tho 
bill (H. R. 6r)08) granting a pension to Joseph Forticr, reported 
it without amendment, and submitted a report thereon 



820 



CONGRESSIONAL RECORD— HOUSE. 



Januaey 24, 



Mr SAWYER, from the Committee on Pensions, to whom was 
referred the bill (H. li. 929) granting a pension to Mrs. Mary E. 
Donaldson, reported it with an amendment, and submitted are- 
port thereon. .^, ^ , f T 
Ho also, from the same committee, to whom were referred 
the following- bills, reported them severally without amend- 
ment, and submitted reports thereon: 

A bill (H. R. "03ii) granting a pension to Llllle Ries, late a 
nurse at Jefferson Barracks; 
A bill (H. R. 4047) granting a pension to Ellen Hewett: 
A bill (H. R. 2407) granting a pension to Samuel Luttrell; and 
A bill (H.R. 2400) granting a pension to Willis Luttrell. 

PBOOP IN PENSION CASES. 

Mr. SAWYER. I am directed by the Committee on Pensions, 
to whom was referred the bill (H. R. 10189) relating to proof of 
citizenship of applicants for Indian war pensions under the act 
of Congress, approved .luly 27, 1^92, to report it without amend- 
ment. "'Phis is a short bill, and I ask unanimous consent for its 
immediate consideration. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It directs the Com- 
missioner of Pensions to accept as sufficient proof of the citizen- 
ship of an applicant for pension under the act of July 27, 1892, 
the fact that such applicant at the date of the application was 
an act\ial and bona fide resident of the United States. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

DEATH OF MR. JUSTICE LAMAR. 

The VICE-PRESIDENT. The Chair has received a commu- 
nication from the Chief Justice of the Supreme Court of the 
United States, which will be read. 

The Chief Clerk read as follows: 

Supreme Court of the United States, 

Was/ling/on, January 24, 1S93. 
The Vice-President: 

It becomes my painful duty to inform the Vice-President and tlie Senate 
of the ile:ith of Mr. Jtistice Lamar, which occurred at 8.50 o'clock last night 
at Maron. Ga. 

I have the honor to be, your obedient servant. 

MELVILLE W. FULLER, 
Chit'/ Justice of the Vnited States. 

Mr. WALTHALL. Mr. President, that the death of the 
great man just announced— great, sir, in every sense— is a public 
calamity, will be agreed by men of all shades of oijinion through- 
out the country which he served so well. But it is in Mississippi 
that this affliction will be most keenly and severely felt. Sir, he 
was the pride of that State, to whose name he brought so much 
of credit during his long career of usefulness and honor in public 
positions of the high st resoonsibility and trust. He was the 
idol of the people of his Si-xie. They admired him for his rare 
gifts and his uncommon powers; they were grateful t« him for 
services which they bjlieve and I believe no other man could 
have rendered them as he did and when he did; and they loved 
him and trusted him for the sublime courage, the fidelity, gen- 
erosity, and honor which signalized as well his private as his 
public life. 

Mr. President, on this occasion I may not speak at large of his 
private life or of his public service, but I may be permitted on 
behalf of Mississippi and of all her people to thank the Senate 
in advance for the action which I know will soon be taken in ad- 
iourning as a mark of respect to his memory. 

Mr. GORDON. Mr. President, this is not the o;'casion for any 
extend?d remarks in referenca to the distinguished dead, but I 
do foal impelled to say that Georgia especially sympathizes with 
her sister Sta'o, Mississippi, in the deep sense of the loss we have 
sus'ained. 

Judge Lamar's life began in Georgia. His distinguished an- 
cestry make a part of h.;r history. Around his name in early 
manhood were clustered the hopes of our people. They have 
naturally followed his career with the deep interest that would 
attach to a career so illustrious, so brilliant, so exceptionally 
benelic'al to his co.mtry. As a mother weeps, so Georgia weeps 
at the death of this great man. 

Sir, it was my fortune to know him and love him. It is the 
fortune of Georgia to have given to this Union the man who has 
Just passed away with an immortal glory around his name and 
with the blessings of his entire countrymen of every section for- 
ever to follow him. 

Mr. WILSON. Mr. President, in view of the sad announce- 
ment which has been made to the Senate and as a proper mark 
of respect to the memory of the deceased justice, I move that 
the Senate do now adjourn. 

The motion was unanimously agreed to; and (at 12 o'clock 
and 28 minutes p. m.) .the Senate adjourned until to-morrow, 
Wednesday, January 25, 1893, at 12 o'clock m. 



HOUSE OF EEPEESEI^TATrVES. 

Tuesday, January 24, 1893. 

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. 
W. H. MiLBURN, D. D. 

The Journal of the proceedings of yesterday was read and ap- 
proved. 

REFUND OF CUSTOMS DUTIES. 

The SPEAKER laid before the House a letter from the Sec- 
retary of the Treasury, transmitting a detailed statement of the 
refund of custom.s duties, etc., for the fiscal year ending June 30, 
1892; which was referred to the Committee on Ways and Means. 

POST-OFFICE BUILDING, HOULTON, ME. 

The SPEAKER also laid before the House a letter from the 
Acting Secretary of the Treasury, transmitting a statement as 
to the United States custom-house and post.-otfice building at 
Houlton, Me.; wliich was referred to the Committee on Appro- 
priations. 

THOMAS READY. 

The SPEAKER also laid before the House a letter from the 
Secretary of War. tiansmitting copy of a bill for the relief of 
Thomas Ready, and recommending its approval; which was re- 
ferred to the Committee on Claims. 

PURCHASE OF INDIAN SUPPLIES, ETC. 

The SPEAKER also laid before the House a letter from the 
Acting Secretary of War, transmitting statement prepared by 
the Commissioner of Indian Affairs, showing open market pur- 
chases of goods and supplies for the Indian service during the 
fiscal year 1892; which was referred to the Committee on Indian 
Affairs. 

WASHINGTON AND GEORGETOWN RAILROAD COMPANY. 

The SPEAKER also laid before the Hou-^e a communication 
from the president of the Washington and Georgetown Railroad 
Company, showing the receipts, etc., of said road for the year 
ending December 31,1892; which was referred to the Committee 
on the District of Columbia. 

BRIGIITWOOD RAILROAD COMPANY. 

The SPEAKER also laid before the House a communication 
from the president of the Brightwood Railroad Company, show- 
ing the operations of said road for the year ending December 31, 
1892; which was referred to the Committee on the District of 
Columbia. 

PRESIDENTIAL ELECTORS. 

The SPEAKER also laid before the House certified copies of 
the ascertainment of electors in the Stat ?s of Michigan and Louis- 
iana, transmitt 'd by the Secretary of State; which were sever- 
ally ordered to lie upon the table. 

BRIDGE ACROSS THE MISSOURI RIVER. 

The SPEAKER also laid before the House the bill (S. 3727) 
to amend an act authorizing theconst.'uctionof a railway, street 
railway, motor, wagon, and pedestrian biidge over the Missouri 
River, near Council Bluffs, Iowa, and Omaha, Nebr. 

Mr. BRYAN. Mr. Speaker, I ask unanimous consent for the 
present consideration of that bill. 

The SPICAKER. The bill will be read subject to objection. 

The bill was read, as follows: 

Be :t enacted, etc.. That secliou 8 of the act entitled 'An act authorizing the 
con-ilruction of a railway, street railway, motor, wagon, and pedestrian 
bridKC over the Missouri River, near Council Bluffs, Iowa, and Omaha, Nebr.," 
be amended to read as follows: 

"Sec. 8. That this act shall be null and void if construction of said bridge 
shall not be commenced on or before the 1st day of Jsnuary. 1892, and be com- 
pleled on or before the 1st day o; July. 1893: Provided, That the navigation 
of the Missouri River shall not be obstructed by false works during the con- 
striiotiou of the bridge." 

The SPEAKER. Is there objection to the present considera- 
tion of the bill'? 

There being no objection, the bill was considered, ordered to 
a third reading, and being read read the third time, was passed. 

On motion of Mr. BRYAN, a motion to reconsider the last vote 
was laid on the table. 

The SPEAKER. In the absence of objection the correspond- 
ing House bill (H. R. 10117) will be laid on the table. 

SENATE BILLS REFERRED. 

The SPEAKER laid before the House Senate bills and a joint 
resolution of the following titles; which were severally i'ead a 
first and second time, ordered to be printed, and referred to the 
committees named below: 

Joint resolution (S. R. 1.34) authorizing the loan, for exhibi- 
tion at the World's Columbian Exposition, of the picture enti- 
tled "TheRecallof Columbus," by Augustus G. Heaton— to the 
Committee on the World's Columbian Exposition. 



1893. 



CONGRESSIONAL RECORD— HOUSE. 



821 



A bill {S. 1948) authorizing the Southern Kansas Railway Com- 
pany to construct and maintain a pipe line from the North Fork 
of the Canadian River. Indian Territory, to said railway — to the 
Committee on Indian Affairs. 

A bill (S. 3690) to incorporate the Tabernacle Society of the 
District of Columbia — to the Committ-je on the District of Co- 
lumbia. 

A bill (S. 3383) to amend the act of May 6, 1890, fixing the rate 
of interest to be charged on arrearages of general and special 
taxes now duo the District of Columbia — to the Committee on the 
District of Columbia. 

TESTIMONY IN INTERSTATE-COMMERCE CASES, ETC 

The SPEAKER laid before the House the bill (S. 1933) con- 
cerning testimony in criminal cases or proceedings based upon 
or growing out of alleged violations of an act entitled "An act to 
regulate commerce," approved February 4, 1887, as amended 
March 2, 1889. and February 10, 1891, the Senate having dis- 
agreed to the House amendments, and asked for a conference on 
the disagreeing votes of the two Houses. 

Mr. PATTERSON of Tennessee. I move that the House in- 
sist on its amendments and agree to the conference asked for. 

The motion was agreed to. 

The SPEAKER appointed as conferees on the part of the House 
Mr. Wise, Mr. Patterson of Tennessee, and Mr. Storer. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted to Mr. 
Brown of Maryland, indefinitely, on account of sickness. 

ORDER OF BUSINESS. 

Mr. HOLMAN. I ask unanimous consent that the call of com- 
mittees for reports be dispensed with this morning, and that gen- 
tlemen desiring to submit reportsbe permitted to file them with 
the Clerk. 

There was no objection, and it was so ordered. 

Mr. HOLMAN. I move that the House resolve itself into the 
Committee of the Whole for the further consideration of general 
appropriation bills. 

Mr. OATES. Mr. Speaker, pending that motion I desire to 
make a proposition relating to the business of the House. It is 
well known that to-day and to-morrow were, by a previous order 
of the House, set apart for the consideration of the bankruptcy 
bill. Exception was madeinfavorof general appropriation bills. 
Now, I do not care to raise the question of consideration, pro- 
vided we can reach an agreement which will facilitate business. 
I ask unanimous consent, therefore, that Thui-sday be substituted 
for to-day. so that Wednesday and Thursday may be given to the 
consideration of the bankruptcy bill, and let the gentleman from 
Indiana [Mr. Holman] go on with his approiJriationbill to-day, 
if that be agreed to. 

Mr. HOLMAN. I think that isaveryproperproposition, inas- 
much as to-day ought to be devoted to the consideration of the 
sundry civil bill, so that it may be laid before the Senate at the 
earliest possible moment. 

Mr. BURROWS. There ought to be no objection to that. 

The SPEAKER. The Chair will submit the request of the 
gentleman from Alabama [Mr. Oates], which is that the order 
heretofore made assigning to-day for the consideration of the 
bankruptcy bill be vacated, and that Thursday be substituted 
for to-day, so that Wednesday and Thursday, subject to the same 
limitation as in the origiual order, may be given to the consid- 
eration of the bankruptcy bill. 

Mr. CRAIN. I object. 

Mr. HEMPHILL. I wish to submit a request for unanimous 
consent. As the House well knows, the Committee on the Dis- 
trict of Columbia was cut out of its day yesterday. Next Monday 
happens to be the fifth Monday of the month, and there is no ap- 
pointment, under the rules, for any particular business on that 
day. The Committee on the District of Columbia have some 
measures of consequence to be considei'ed, one of which will 
probably increase the revenues of the District about $200,000 this 
year if we can get the bill through, and I ask unanimous consent 
that next Monday be devoted to business reported from the Com- 
mittee on the District of Columbia the same as if it were the 
foiu-th Monday in the month. 

Mr. BLOUNT. I hope the gentleman will add to that the pro- 
vision that it shall not interfere with the appropriation bills. 

Mr. HEMPHILL. That is not the rule of the House with refet- 
ence to District day. 

Mr. BLOUNT. We are not talking about the rules of the 
House. The gentleman from South Carolina is requesting unani- 
mous consent now. 

The SPEAKER. The Chair will submit the request. 

Mr. BLOUNT. I shall object unless that modiffcation is made. 

Mr. HEMPHILL. Then I will have to make that modifica- 
tion. 



The SPEAKER. The Chair will submit the request as modi- 
fied. The gentleman from South Carolina [.Mr. Hemphill] asks 
unanimous con.sent that Monday next, being the fifth Monday in 
the mouth, be assigned to thj consideration of such bu-iinoss as 
may bo reported from the Committee on the District of Colum- 
bia, subject to the right to consider general appropriation bills. 
Is there objection? 

Mr. CRAIN. Is not that suspension dayV 

The SPEAKER. No; it is the fifth Monday in the month. U 
CutJiu ul*WraB»o to the request? 

Mr. BELTZMOOVER. I object. 

REPORTS OF COMMITTEES. 

The following reports of committees wore handed in at the 
Clerk's desk, referred to their appronriato Calendars, and oth- 
erwise disposed of, as indicated Ixilow": 

TRESTLE ACROSS THE SHOAL WATER BETWEEN CEDAR POINT 
AND DAUPHIN ISLAND. 

• Mr. CRAIN, from the Committee on Interstate and Foreign 
Commerce, rc] ortcd favorably tlie bill (11. R. 10289) to amend 
an act entitled "An act to grant to the Mobile and Dauphin 
Island Railroad and Harbor Comiiany the right to trestle across 
the shoal water between Cedar Point and Dauphin Island," ap- 
proved Septemb r 20, 1890; which was referred to the Houso 
Calendar, and. with the accompanying report, ordered to bo 
printed. 

PUHLIC WORKS ON RIVERS AND HARBORS. 

Mr. WILLL\M A. STONE, from the Committee on Rivers 
and Harbors, reported back with amendments the bill (H. R. 
10211) to amend "An act making approjjriatioiis for the construc- 
tion, repair, and preservation of certain public works on rivers 
and harbors, and for other purposes,'' ajjprovod .July 13, 1892; 
which was referred to the Committee of the Whole House on tho 
slate of the Union, and, with tho accompanying report, ordered 
to be printed. 

CARACAS AWARDS. 

Mr. CHIPMAN, from the Committee on Foreign Affairs, re- 
ported back favorably tho bill (S. 24.'54) for the application of tho 
accretions of the Caracas rewards of IHiiS to the new awards 
made in 1889 and 1S90; which was aferred to the Comraittoo of 
the Whole House on the state of the Union, and, with tho ac- 
companying report, ordered to be printed. 

PUBLIC BUILDING, SAVANNAH, GA. 

*Mr. BANKHE.\D, from the Committee on Public Buildings 
and Grounds, loported back favorably the bill (H. R.97')<)j to pro- 
vide for tho amendment of act of Congress appi'oved .lanuary 21, 
1891, in regard to the sale of the old site of the public building 
at Savannah, Ga.: which was referred to the House Calendar, 
and, with the accompanying report, ordered to be printed. 

ADMISSION OF UTAH AS A STATE. 

Mr. MANSUR, from the Committee on tho Territories, re- 
ported back favorably the bill (H. R. 10190) to enable the people 
of Utah to form a constitution and State government, and to bo 
admitted into the Union on an equal footing with the original 
States; which was referred to tho Committee of the Whole Hi luso 
on the state of the Union, and, with the accomi)anying reports, 
ordered to be printed. 

INVESTIGATION OF CERT.\I.V BANKS. 

Mr. BACON submitted a report from the Committee on Bank- 
ing and Currency under a resolution directing the investigation 
of certain banks; which was laid on the table, and the accom- 
panying report ordered to be printed. 

POSTAL MONEY-ORDER SYSTEM. 

Mr. HENDERSON of North Carolina, from tho Committee on 
the Post-Office and Post-Roads, reported back favorably a bill 
{H. R. 1024.5) to modify the postal money-order system; which was 
referred to the House Calendar, and, with the accompanying 
report, ordered to be printed. 

PROTECTION OF PERSONS FURNISHING MATERIALS AND LABOR 
FOR THE CONSTRUCTION OF PUBLIC WORKS. 
Mr. LAYTON, from the Committee on the Judiciary, reported 
back favorably the bill (H. R. 9491) for tho protection of per- 
sons furnishing materials and labor for the construction of pub- 
lic works; which was referred to tho House Calendar, and. with 
the accompanying report, ordered to to printed. 

REPRINT OF A BILL. 
Mr. cox of Tennessee. Mr. Speaker, I wish to ask that thero 
be a reprint of tho bill (H. R. 10143) and tho reports upon it. the 
copies in tho document room having been exhausted. I a.sk that 
500 copies of the bill and report bo printed. 



822 



CONGRESSIONAL RECORD— HOUSE. 



January 24, 



Tho SPEAKER. The Clerk will report the title of the bill 
concerning- which the request is made. 

Tho Clerk read as follows: 

A bllUH. E. 10H3; lo increase the circulation of national banks, and lor other 
purposes. 

The SPEAKER. The gentleman asks for a reprint of this bill 
and the report accompanying it, containing tho views of the ma- 
jority and minority. Is there objection. 

Mr. SIMPSON. I object. 

Mr. GATES. Mr. Speaker, a few moments ago I asked unan- 
imous consent that Thursday be substituted for to-day for the 
consideration of the bankruptcy bill, and objection was made. 
I desire to know it I can not now submit a motion to that effect, 
to be voted on by the House ? 

The SPEAKER. It is not in order. 

Mr. GATES. Well, then, Mr. Speaker, it is perfectly appar- 
ent that if the time which has bsen set apart for the considerar 
tion of the bankruptcy bill be not allowed, there is very little 
chance of bankruptcy legislation at this session of Congress, and 
I i-aise the question of consideration. 

Mr. HOLMAN. Will the gentleman allow me a word? 

Tlio SPEAKER. The Chair will state to the gentleman from 
Aliiljama [Mr. Gates] that the m.otion of the gentleman from 
Indiana [Mr. Holm.\n] is to go into Committee of tho Whole 
for the consideration of an appropriation bill, and the q\iestion 
of consideration can not be raised on that motion. 

Mr. HOPKINS of Illinois. But it can be voted down. 

The SPEAKER. It is with the House. 

Mr. OATES. If the motion should not be agreed to, then it 
will be in order to proceed to the consideration of the bank- 
ruptcy bill? 

The SPEAKER. Unless some other appropriation bill an- 
tagonizes it. 

Mr. HGLMAN. Mr. Speakei', I wish lo make a suggestion to 
the gentleman from Alabama, and it is this: That it to-morrow 
till.- measure of the gentleman shall develop sufficient strength 
to go through the House he can get a recess until the next day. 
It is ot the highest importance that this appropriation bill 
should be passed at the earliest moment. 

Mr. REED. Whj- have you not had it in before, then? 

The SPEAKER. ' The gentlemanfromlndianamoves that the 
House resolve itself into Committee of the Whole for the con- 
sideration of general appropriation bills. 

The question was taken. 

The SPEAKER. The Chair is in doubt. 

The House divided; and there were— ayes 92, noes 82. 

Mr. LODGE. The yeas and nays, Mr. Speaker. 

The yeas and nays were ordered. 

The question was taken; and thero were — yeas 107, nays 128, 
not voting 91: as follows: 

YEAS— 107. 



Abbott, 


Dlckerson. 


Lane. 


Pierce. 


Aldersou, 


Dockery, 


Lanham, 


Quaekenbush, 


Alex.iuder, 


DoUiver, 


Lawson, Va. 


Keilly, 


Allen. 


Donovan, 


Lester, Va. 


Richardson, 


Bacon. 


Edmunds. 


Livingston, 


Robertson, La 


Bankheacl. 


Ellis, 


Long. 


Rockwell, 


Barwig. 


Everett, 


Lynch, 


Savers, 


BeltzUoover. 


Flthian, 


Martin, 


Scott, 


Beutley, 


Formau, 


McClellan, 


Shively. 


BlaucUarrt. 


Gantz, 


McGann, 


Smith, 


Blanl, 


Geary, 


McKaig, 


Snow, 


Blouut. 


Grout, 


Meredith. 


Springer, 


Branch, 


Halvorson, 


Miller, 


Steward, 111. 


Bretz, 


Hamilton, 


Montgomery, 


Stewart, Tex. 


Broiikshire. 


Hatch, 


Moses, 


Taylor, Tenn. 


Brunuer, 


Hemphill, 


Mutchler, 


Ten-y, 


Bryan. 


Henderson, N. G 


Ohliser. 


Tillman, 


Buchanan, Va. 


Hermann, 


Outhwaite, 


Turner, 


Bullock, 


Holman, 


Owens. 


Tiu-pin. 


Bimn, 


Hooker, Miss. 


Patterson, Tenu 


Van Horn. 


Butler, 


Houk,OMo 


Patton, 


White, 


Capehart, 


Hull, 


Paynter, 


Willcox. 


Compton, 


JoUey, 


Pearson, 


Williams, 111. 


Cox. Tenu. 


Jones, 


Peel, 


Wilson, Mo. 


Cra.:!. 


KU.gore, 


Pendleton. 


Wise. 


Crav.ford, 


Kribbs, 


Perkins, 


Wolverton. 


DeAnnond, 


Kyle, 


Pickler, 






NAYS— 12S. 




Amennan, 


Busey, 


Crosby. 


Greenleaf, 


.^u1<.v,^', 


Bushnell, 


Cum mingy. 


Griswoia, 


Arnold. 


Cadmus, 


Curtis, 


Hall, 


Atkinson, 


Caminetti, 


Cutting, 


Hallowell, 


Babbitt, 


Catchings, 


Dalzell, 


Hare, 


Bailey, 


Causey, 


Daniell, 


Harmer, 


Baker, 


Chipman, 


Davis. 


Harries, 


Bartiue, 


Clarke, Ala 


De Forest, 


Hangen, 


Belknap, 


Clover, 


Dmgley, 


Herbert, 


Bingham, 


Cobb, Ala 


Doan. 


Hilborn, 


Boatuor, 


Cobb, Mo. 


Dungan, 


Hitt. 


BouU'Ue, 


Coburn, 


Elliott, 


Hooker, N. Y. 


Bowman, 


Cogswell, 


English, 


Hopkins, Pa. 


Brawley, 


Coolidge, 


Enloe, 


Hopkins. 111. 


Briclmer, 


Coombs, 


Flick. 


Houk, Tenn. 


Broderick, 


Covert, 


Gillespie, 


Huff, 


Burrows, 


Cox.N.Y. 


Gorman, 


Johnson, Ind. 



Kem, 

Lagan, 

Lapham, 

Lay ton, 

Lewis, 

Llnd, 

Lockwood, 

Lodge, 

Loud, 

Mallory, 

Man.sm-. 

McAleer, 

McKinney, 

Mrl.a.nnn. 

McMillin. 



Meyer, 

Moore, 

Newberry, 

Dates. 

O'Donnell, 

O'Neil. Mass. 

O'Neill, Pa 

Oti.s. 

Page, 

Payne, 

Powers, 

Price 

Randall, 

Kay. 

Rayner, 

.NJOT V 
Cooper, 
Cowles, 
Culberson, 
Dixon, 
Dunphy, 
Durborow, 
Enochs, 
Epes, 
Fellows, 
Fitch, 
Forney, 
Fowler, 
Funston, 
Fyan, 

Geissenhainer, 
Goodnight, 
Grady, 
Harter, 
Hayes, Iowa 
Haynes, Ohio 
Heard, 

Henderson, Iowa 
Henderson, 111- 
Hoar, 



Reed. 

Reybm-n, 

Robinson, Pa 

Russell, 

Scull, 

Seerley, 

Shell. 

Shonk, 

Simpson, 

Stahluecker, 

Stevens, 

Stone, W. A 

Storer, 

Tarsney, 

Taylor, Ul. 

OTING— 94. 
Johnson, N. Dak. 
Johnson, Ohio 
Johnstone, S. C. 
Kendall, 
Ketcham, 
Lawson, Ga. 
Lester, Ga. 
Little, 
Magner, 
Mccreary. 
McKelghan. 
McRae, 
Milliken, 
Mitchell, 
Morse, 
Norton, 
O'Ferrall, 
O'NeUl, Mo. 
Parrett, 
Pattison, Ohio 
Post, 
Raines, 
Rile, 
Rusk. 



Taylor, J. D. 

Townsend, 

Traoey, 

Wadsworth. 
Walker, 
Warner, 
Watson, 
Weadock, 
Wheeler, Ala. 
Wheeler, Mich. 
WllUams, Mass. 
Wilson, Wash. 
Wilson, W. Va 
Winn 
Y"oumans. 



Sanford, 

Sipe. 

Snodgrass, 

Sperry, 

Stephenson, 

Stockdale, 

Stone, C. W. 

Stone, Ky. 

Stout. 

Stump, 

Sweet, 

Taylor, E. B. 

Taylor, V. A. 

Tucker, 

Washington. 

Waugh, 

Wever. 

Whiting. 

Wike, 

WllUams, N, C. 

Wilson, Ky. 

Wright. 



Andrew, 
Beenian, 
Belden. 
Bergen, 

li,,„;-r-s. 

Breckinridge, Ark. 

Breckinridge, Kf. 

Broslus, 

Brown, Ind. 

l!ro\\n .Md. 

Buchanan, N, J- 

Bunting, 

Bynuni, 

Byrns, 

Cable. 

Caldwell. 

Campbell, 

Caruth, 

Castle, 

Gate, 

Cheatham, 

Clancy. 

Clark. Wya 

Cockran, 

So the motion was not agreed to. 

The following pah-s were announced: 

Until further notice: 

Mr. GEISSENHAINER with Mr. Bergen. 

Mr. Mitchell with Mr. Moese. 

Mr. McCreary with Mr. WiLSON of Kentucky, 

Mr. Goodnight with Mr. Ketcham. 

Mr. Caruth with j\ir. Vincent A. Taylor. 

Mr. Washington with Mr. Sanford. 

Mr. Forney with Mr. Raines. 

Mr. Culberson with Mr. Stephenson. 

Mr. Stone of Kentucky with Mr. Post. 

For this day: 

Mr. Norton with Mr. Rife. 

Mr. Kendall with Mr. Townsend. 

Mr. Haynes with Mr. Henderson of Iowa. 

Mr. DlsON with Mr. BELDEN. 

Mr. Whiting with Mr. Buchanan of New Jersey. 

Mr. B-i'NUM with Mr. Caldwell. 

ill-. Campbell with Mr. Wever. 

Mr. O'Ferrall with Mr. Enochs until Thursday, January 
26, 189,3. 

The result of the vote was then announced as above recorded. 

Mr. DICKERSON. Mr. Speaker, I ask for a recapitulation of 
the vote. 

The SPEAKER. jVfter the announcement, the Chair thinks it 
would not be in order unless the gentleman states that he was 
risiniT for that purpose. 

Mr. DICKERSON. I was attempting to do so as quick as I 
could, but I shall not insist. 

message from the senate. 

A message from the Senate, by Mr. Platt, one of its clerks, 
announced that the Senate had passed without amendment the 
bill (H. R. 10189) relating to proof of citizenship of applicants 
for Indian war pensions under tho act of Congress, approved 
Julv 27. 1892. 

enrolled bills signed. 

Mr. SCOTT, from the Committee on Enrolled Bills, reported 
that they had examined and found truly enrolled bills and joint 
resolutions of the following titles; when the Speaker signed the 
same: 

A bill (S. 1631) to establish a life-saving station at Gay Head, 
on tho coast of Massachusetts; 

A bill (S. .3117) relating to post traderships; 

A bill (S. 3d81) to amend an act entitled "An act to forfeit cer- 
tain lands heretofore granted for the purpose of aiding in the 
construction of railroads, and for other purposes:"" and 

Joint resolution (S. R. 135) making an appropriation of 85,000 
for clearing the Potomac River of ice. 

DEATH OF MR. JUSTICE LAMAR. 

The SPEAKER. The Chair will lay before the House a com- 
munication from the Chief Justice of the Supreme Court of the 
United States. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



sion act, reported it favorably, and moved that it be referred to 
the Committee on Appropriations and printed; which was agreed 
to. 

Mr. McMillan, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (S. 3531) to amend the. 
cliarter of the Brightwood Railway Company, reported it with 
an amendment, and submitted a report thereon. 

He also, from the same committee, to whom the subject was 
referred, reported a bill (S. 376.5) to provide for annual reports^ 
liy certain corporations in the District of Columbia; which wa^^ 
r.-ad twice by its title. 

ilr. MANDERSON, from the Committee on Military Affairs, 
to whom was referred the bill (H. R. Gtil9) to e.Ktend the provi- 
sions of an act to provide for the muster and pay of certain officers 
and enlisted men of the volunteer forces, reported it without 
amendment, and submitted a report thereon. 

He also, from the Committee on Indian AtTairs, to whom was 
referred the bill (S. 3.3Utt) for the relief of John Palmier, Pine 
Ridge, Shannon County, S. Dak., reported it without amend- 
ment, and submitted a i-eport thereon. 

Mr. BUTLER, from the Committee on Naval Affairs, to whom 
was referred the bill (S. 06) for the relief of Commodore Oscar 
0. Badfjer, reported it without amendment, and submitted a re- 
port thereon. 

Mr. BLACKBURN. I desire to state that this is not a luiani- 
mous report from the Committee on Naval Affairs: and I shall 
be obMged to the Senator making the report if he will advise 
me before he calls up the bill for action bv the Senate. 

The VICE-PRESIDENT. The bill wiU be placed on the Cal- 
endar. 

Mr. HARRIS. The Committee on the District of Columbia 
directed the Senator from Virginia [Mr. Hunton], who is now 
necessarily absent from the Chamber, to report an amendment 
making an appropriation for the collection and removal of gar- 
bage and dead animals, to be proposed to the appropriation bill 
providing for the expenses of the government of the District of 
Columbia. The Senator from Virginia requested me for him 
and in his name to report the amendment, which I do. I move 
that the amendment be printed, and that it, with the accompany- 
ing papers, be referred to the Committee on Appropriations. 

The motion was agreed to. 

Mr. HALE, from the Committee on Naval Affairs, to whom 
was referred an amendment p^oviding for a further increase of 
the naval establishment of the United States to be proposed to 
the naval appropriation bill, reported it with amendments and 
moved that it be referred to the Committee on Appropriations, 
and printed; which was agreed to. 

Mr. SAWYER, from the Committee on Pensions, to whom 
were referred the following bills, reported them severally with- 
out amendment, and submitted reports thereon: 

A bill (H. R. 7234) granting a pension to Mary Millard: 

A bill (H. R. 9220) granting a pension to Mrs. Caroline Hardee 
Dyall, widow of James R. Dyall, veteran of the Florida war, 
1836; 

A bill (H. R. 1318) granting a pension to Martha A. Harris; 
and 



of Chicago and St. Louis, by the Chicago and St. Louis Electric 
Railroad Company, and to secure to the Government tlio use of 
the same for postal, military, and other purposesat the e.xistino- 
rates. 
ALi:Jj)ip|f[|r I call the attention of the Senator from Missouri 



A bill (H.R. 7257) granting a pension to Alonzo D, Barber. 

Mr. WALTHALL, from the Committee on Public Lands, to 
whom was referred the bill (H. R. 7625) for relief of certain set- 
tlers on pnblic lands in the Tucson land district in Arizona, re- 
ported it without amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
bill (H. R. 8268) to amend chapter 559, page 1095, volume 26, 
United States Statutes at Large, reported it with amendments, 
and submitted a report thereon. 

Mr. TURPIE, from the Committee on Pensions, to whom was 
referred the bill (H. R. 6272) to pension Susjn S. Murphy, re- 
ported it without amendment, and submitted a report thereon. 

Mr. PLATT. from the Committee on Territories, to whom 
was referred an amendment submitted by Mr. Dolph on the21st 
instant, providing for an appropriation of $5,000 for the protec- 
tion of the salmon fisheries of Alaska under the direction of the 
Secretary of the Treasury, intended to be proposed to the sun- 
dry civil appropriation bill, reported it favorably and moved 
that it be referred to the Committee on Appropriations, and 
printed; which was agreed to. 

ELECTRIC RAILRO.\DS. 

Mr. MORRILL. I am directed by the Committee on Finance 
to ask to have referred to that committee the bill (S. 3561) to en- 
courage the construction of electric railroads, to facilitate the 
rapid transportation of the mails, to promote the interests of 
commerce and travel, and to aid in demonstrating the feasibility 
of the distribution of electrical power for agricultural and other 
purposes along the lino of electric roads, and especially to aid in 
the construction of a pioneer electric railroad between the cities 



J^S_ilx . _ 

1 jlMr. VKSTJto the request which has just been made by the Sen- 
ator from Vermont. 

Mr. MORRILL. I have already called the attention of the 
SenatQj>^ ti|ig> .Missouri to it. 

MrrVKST; Let the bill go to the Committee on Finance. 

The VICE-PRESIDENT. The bill will be referred to the 
Committee on Unance, in the absence of objection. 

DISTRICT OP COLUMHIA COURT OK -VPPE.'ILS. 

Mr. IIO.VR. I am directed by the Committee on the .Tudi- 
ciary, to whom was referred the bill (H. R. 10010) to estjiblish a 
court of appeals for the District of Columbia, and for other pur- 
poses, to report it favorably with an amendment. 1 desire to 
ask unanimous consent ttiat'the amendment may be adopt-d in 
order that a conference may lie had, 

I will explain the matter, if the Senate will permit me. The 
other House, by an inadvertanco (the chairman of the House 
Judiciary Committee having been kept away by illness in his 
family), instead of passing the Senate bill with two or three 
amendments, passed a new bill, "which is substantiallv the Sen- 
ate bill. 

There are two or three differences. One of them is the pro- 
vision in regard to the power of the court of appeals over in- 
junctions. We provided that the court of appeals might revise 
the action of a single judge in granting or dissolving injunc- 
tions. The House expression is "in granting injunctions and 
the like," which is very vague, like the old term "and so forth," 
which sometimes used to creep into legislation. 

Then the other House used a very inexact expression in re- 
gard to the granting of appeals in interference cases. I think 
all the members of the Senate committee agree that in patent 
cases where there is a judgment in regard to an interference, 
there ought to b^ an apjjeal to the higher court. 

The third difference, which is a trilling one. is that the House 
bill has made no distinction between the salary of the chief jus- 
tice and the associate justices. The chief j\istico has some spe- 
cial duties, and in the bill as it passed the Senate there was an 
addition of $500 to his salarj'. 

So, in substance, I make the ordinary request, which is always 
granted by the Senate, that the Senate nonconcur and ask a 
conference with the other House. I suggest that the House bill 
be passed with the Senate amendment as a substitute, and that 
a conference be had. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill (H. R. lOOlO) to establish 
a court of appeals for the District of Columbia, and for other 
purposes. 

The VICE-PRESIDENT. The amendment of the committee 
will be read. 

The Chief-Clerk. The committee report to strike out all 
after the enacting clause of the House bill and insert a substi- 
tute, the substitute being Senate bill 1185. 

Mr. HO.\R. If any Senator thinks the substitute should be 
read, that course had better be taken. 

Mr. COCKRELL. It is not very long? 

Mr. HOAR. It is not very long. The bill has already passed 
the Senate without any substantial dissent. If Senators desire 
to have it read again it can Ix; read. 

The amendment was read, it being to strike out all after the 
enacting clause and insert: 

Tliat there shall be, .-vnJ therels hereby, cst.ibllshed In the District of Coliim- 
bla a rouri, to be known as the court of appeals of the Ulslrli't of Columbia, 
which shall consist of one chief justice and two a.ssodate justices, who shaU 
be appointed by the Presideut. by and with the con-sent aud advice of the Sen- 
ate, aud shall hold olllce diiriitg good behavior, 

,Skc. 2. That the said justices shall each receive an annual salary of t6.000. 
payable quarterly at the Treasury of the United Stales, except the chief 
justice, who shall receive fG.lsoo. 

Skc. 3. That each of said justices, before he enters upon the duties of hta 
office, shall take the oath prescribed by law to be taken by the judges of the 
courts of the United States. 

Seo. I. That there shall be a clerk of said court of apiicals, to be api)olnled 
by the court, who shall receive as compensation for his services, in ih- dis- 
cretion of the court, anannualsalary not toexceed the sum of W.Ofit, p.iyable 
quarterly at the Treasury of the Unite i States, atul who sba 1 give bond, such 
as the court may deteriiiine to be satisfactory, for the faithful perfi'rinauco 
of his duties; and his duties shall bo such as the court may from t!in<' I'l time 
prescribe. The court shall regulatefrom time totime the fees to Im* - barged 
by the said clerk, which shall be accounted for at least once liteach quarter 
aiidpatd into the Treasury of the United States; and said clerk shall receive 
such allowatice for clerical assistance and necessary expenditures in t he con- 
duct of his oflice as the court may determine by si)ecial or general order in 
the ju'emises, but not to exceed the sinn of ?-.000 in any oneycar, payable as 
aforesaid, at the Treasiu-y of the United States. 

Skc. 5. That said court of appeals may a])point a crier at a compensation 
not to exceed IIOJ a month, and a messenger at a conin."nsation not to exceed 
•$t>0 a month, both payalile at the Treasury of the United States, who shall 
perform such duties as may be assigned them by the court. 



830 



OONGEESSIONAL RECORD— SENATE. 



jAi^JAEY 25, 



Sec. 6. That the salil court of appeals shall establish such terms of the 
•court, not loss than three in each year, as to it may seem proper and expe- 
[ aient; and it shall make such rules and regulations as may be necessary and 
"proper for lUo transaction of the business to be brought before it. and for 
the time and method of the entry of ai>peals and for ghang notice of appeals 
thereto from thesuppreme courtof the Districtof Columbia, and such other 
rules and rotculatlous as may be necessary and proper iu the premises. 

If auy member of the court shall be ab.sent on account of Illness or other 
cans;^ duriu^^ the session thereof, or shall be disqualified from hearing and 
determinlugany particular cause by having been of counsel therein, or by hav- 
ing as a justico of the supreme court of the District of Columbia previously 
passed upon the merits thereof, or for any other reason whatever, or if for 
any reason whatever it shall be impracticable to obtain a full court of three 
^justices, the member or members of thecourtwho shall be presentshall des- 
ignate a justice or justices of the supreme com-t of the District of Columbia 
to temporarily flu the vacancy or vacancies so created, and the justice or 
justices so designated shall sit in said court of appeals and perform the 
dutivsof a member thereof while siich vacancy or vacancies shall exist: 
Provided, That no justice of the supreme court of the District of Columbia 
Shall, while on the bench of said court of appeals, sit in review of auy judg- 
ment, decree, or order which he shall have himself entered or made. 

Sec. 7. That any party aggrieved by any final order, judgment, or decree 
of tlie supreme court of the District of Columbia, or of any justice thereof, 
may apjieal therefrom to the court of appeals hereby created ; and upon such 
appeal the court of appeals shall review such order, judgment, or decree, 
antt aitirm, reverse, or modify the same as shall be just: Provided, however. 
That ail causes now pending before the said supreme court in general term 
shall by appropriate orders duly entered of record be transferred and de- 
livered to the coiu't of appeals hereby created, which said court of appeals 
is hereby vested with authority and jurisdiction to hear and detei;imijHg» 
causes so transferred. The appellate power and jurisdiction of salfl^91eral 
term is hereby abrogated and abolished and no causes shall hereafter be 
heaid iu the said general term. Appeals shall also be allowed to said court 
of appeals from all interlocutory orders of the supreme courtof the District 
of C(jlumbia, or by any justice thereof, whereby the possession oT property 
is changed or affected, such as orders for the appointment of receivers, grant- 
ing or dissolving injunctions, dissolving writs of attachment, and also from 
any other interlocutory order, in the discretion of said com't of appeals, when- 
ever it is made to appear to said court upon petition that it will be in the in- 
terest of justice to allow such appeal. In all cases of appeal to the court of 
appeals and in the causes transferred to the court of appeals under this sec- 
tion the original papers aud duly certitied copies of the necessary record 
entries shall he transferred and delivered to the court of appeals under such 
regulations as the court of appeals shall from time to time prescribe. 

Sec. 8. That any final judgment or decree of the said courtof appeals may 
he reexamined and afflrmed, reversed, or modifled by the Supreme Court of 
the United States, upon writ of error or appeal, in all causes in which the 
matter in dispute, exclusive of costs, shall exceed the sum of 15,000. in the 
same manner and under the same regulations as heretofore provided for in 
cases of writs of error on judgment or appeals from decrees rendered in the 
supreme com't of the District of Coltimbla; and also in all cases, without re- 
gard to the sum or value of the matter iu dispute, wherein is Involved the 
validity of any patent or copyright, or iu which is drawn iu question the va- 
lidiiy of a treaty or statute of or an authority exercised under the United 
States. 

Sec. 9. That the determination of appeals from the decision of the Com- 
missioner of Patents, now vested in the aforesaid general term of the su- 
preme court of the District of Columbia, in pursuance of the provisions of 
section 780 of the Revised Statutes of the United States relating to said Dis- 
trict, shall hereafter be, and the same is hereby, vested in the court of ap- 
peals hereby created. 

Sec. 10. That the opinion of the said court of appeals iu every case shall bo 
reduced in writing, duly authenticated, and llled with the clerk of said court 
before any judgment, decree, or order shall be entered in pursuance thereof. 

Sec. 11. That the said court of appeals shall have power to issue all neces- 
sary and proiJer remedial and prerogative ^vrits in aid of its appellate juris- 
diction. 

Sec. 13. That the Attorney-General is hereby empowered and directed to 
provide suitable rooms and accommodations in the city of Washington for 
the court of appeals hereby created, and for the transaction of its business. 

Sec. 13. That the marshal of the United States for the District of Colum- 
bia shall execute the orders and processes of the court of appeals hereby 
created in the same manner as he now executes those of the supreme court 
of the District of Columbia. 

Sec. 14. That the justices of the supreme coiu't of the District of Columbia 
shall hereafter receive an annual salary of $5,000 each, payable quarterly at 
the Treasury of the United States, except the chief justice, who shall re- 
ceive $5,500. 

Sec. 15. That whenever the ntunber of the justices of the supreme court 
of the District of Columbia is, by death, resignation, retirement, or other- 
wise, reduced to Ave, the said supreme court of theDistrict of Columbia shall 
thereafter consist of one chief justice and foitr associate justices, who shall 
be assigned by the said court annually, or as often as may be deemed expe- 
dient, to the several special terms thereof. 

Sec. 16. That the justices of the court of appeals hereby created and of the 
supreme court of the District of Columbia shall be deemed to be justices of 
the courts of the United States within the meaning of the law providing for 
the retirement of such justices upon their attaining the age of 70 years and 
having been in commission ten years or upward. And whenever auy justice 
oj the supreme court of the District of Columbia shall be appointed a justice 
of the court of appeals hei'eby created the terms of service of such justice in 
both com'ts shall be deemed continuous and as under one commission for the 
purposes of said law. 

Sec. 17. That all acts and parts of acts inconsistent herewith are hereby 
repealed. 

The amendment was agreed to. 

The bill was reported to the Sen ate as amended, and the amend- 
ment was concurred iu. 

The amendment was ordered to be engrossed and the bill to 
be read a third time. 

The bill was read the third time, and passed. 

Mr. HOAR. I move that the Senate request aconfereuce with 
the House of Representatives on the bill and amendment. 

The motion was agreed to. 

By unanimous consent, the Vice-President was authorized to 
appoint the conferees on the part of the Senate, and Mr. HOAR, 
Mr. Wilson, and Mr. Pugh were appointed. 

PARIS EXPOSITION REPORTS. 

Mr. MANDERSON. I am directed by the Committee on 
Printing, to whom was referred a concurrent resolution for 



printing extra copies of the reports of the commissioners of the 
United States to the Paris Exposition of 1889, to report it with 
amendments, and I ask for its present consideration. 

The Senate, by unanimous consent, proceeded to consider the 
concurrent resolution, submitted by Mr. Mander-SON on the 
IGth instant; which was read, as follows: 

Resolved by the Senate (the Houi-e of Itepresentatives concurring). That in ad- 
dition to the usual number there shall be printed 5,000 extra copies of the 
reports of the commissioners of the United States to the Paris Exposition 
of 1889, 1,000 copies tor the use of the .Senate. 2,000 copies for the use of the 
House, aud 2,0U0 copies for the use of the Department of State. 

The VICE-PRESIDENT. The amendments will be stated. 

The Chief Clerk. In line 3, strike out "5,000" and insert 
"5,500;" in line 6, strike out " 1,000" and insert "1,500;" in line 
6, strike out "2,000" and insert "3,000; "and in line 7, strike out 
"2,000" and insert "1,000;" so as to make the resolution read: 

That in addition to the usual number there shall be printed 5,500 extra 
copies of the reports of the commissioners of the United States to the Paris 
Exposition of 1880, 1,500 copies for the use of the Senate, 3,000 copies for the 
use of the House, aud 1,000 copies for the use of the Department of State. 

The amendments were agreed to. 

The concuri'ent resolution as amended was agreed to. 

^ DISTRICT BOARD OF CHARITIES. 

MfTcALLINGER. I am instructed by the Committee on the 
District of Columbia, to whom was referred the bill (S. 3530) to 
create a board of charities for the District of Columbia, to report 
it favorably without amendment, and submit a report thereon. 
As it ffe important that speedy action should be taken on this 
measure, which is recommended by the District Commissioners 
and the commissioner of charities, I ask that it be immediately 
considered. I think there will be no objection to it. 

The VICE-PRESIDENT. The bill will be read for informa- 
tion. 

Mr. MITCHELL. I shall reserve the right to object if it leads 
to any debate. 

Mr. GALLINGER. I think the bil?wiU not be objected to 
when it is read. 

Mr. COCKRELL. Lot the bill be read for information. 

The Secretary proceeded to read the bill. 

Mr. MITCHELL. I am quite sure the bill will lead to debate. 
I ask the Senator from New Hampshire to let it go over until 
to-morrow. 

Mr. GALLINGER. I will withdraw the report, by unanimous 
consent. 

Mr. COCKRELL. This isan important bill. I hope the Sen- 
ator will have the report printed and that we may see the bill 
Just as it is proposed to be passed. Otherwise it maybe delayed 
another morning, for I shall certainly want to see the report be- 
fore I agree to the passage of the bill. 

Mr. GALLINGER. Then let the report be printed and the 
bill bo placed on the Calendar. 

Mr. COCKRELL. Let the bUl lie on the table, subject to be 
called up. and not be placed on the calendar. 

Mr. GALLINGER. Very wl-U. 

Mr. VEST. I desire to make a single remark before the bill 
goes over. I wish to call the attention of the Senate, or a ma- 
jority of it, to the fact that during the closing hours of the last 
session of Congress a bill was passed through the Senate, the 
contents of which I undertake to say not ten Senators knew, es- 
tablishing a board of charities in the District of Columbia with 
most extraordinary powers, giving them authority which I am 
satisfied a majority of the Senate would never have committed 
to them. Therefore it becomes a matter of the greatest import- 
ance that the contents of this bill, which I do not know, should 
be well known to the Senate before any additional action is 
taken. 

Mr. GALLINGER. The committee of which I am a member 
are very desirous that the Senate shall understand everything 
they report. I am quite willing the report shall be printed and 
examined before the bill is considered. 

The VICE-PRESIDENT. The bill will lie on the table. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had passed 
the bill (S. 3727) to amend an act entitled "An act authorizing 
the construction of a railway, street railway, motor, wagon, and 
pedestrian bridge over the Missouri River, near Council Bluffs, 
Iowa, and Omaha, Nebr." and to extend the time for the comple- 
tion of the bridge therein provided for. 

The message also announced that the House insisted upon its 
amendments to the bill (S. 1933) concerning testimony in crimi- 
nal cases or proceedings based upon or growing out of alleged 
violations of an act entitled "An act to regulate commerce," ap- 
proved February 4, 18s7, as amended March 2, 1889, and Febru- 
ary 10, 1891, disagreed to by the Senate, agreed to the confer- 
ence asked by the Senate on the disagreeing votes of the two 
Houses thereon, and had appointed Mr. Wise, Mr. PATTERSTOf 



1893. 



CONGRESSIONAL RECORD— HOUSE. 



.S33 







NAYS-3. 


Crawtora, 


Kllgore, 


Pierce. 




NOT VOTING}— in. 


Aiaerson, 


Dickerson, 


Johnstone, S. C 


Alexunder, 


DLxon. 


Jones, 


Allen. 


Donovan, 


Kendall, 


Antony, 


Diingan. 


Ketcliam, 


Bacon. 


Elll.s. 


Lane, 


Beenian, 


EiiL^lisb, 


Lawson, Va. 


Beldt-n, 


Enorhs, 


Little. 


Brancli, 


Fellows, 


McCrearj-, 



Robinson, Pa. 

Russell, 

Sanford, 

Shouk, 

Sipe. 

Snod grass, 

Stephenson, 

Stewart, Tex. 

Stockdale, 

Stone, Ky. 

Stump, 

Sweet. 

Taylor, J. D. 

Taylor, V. A. 

Townsend, 

Turpin, 

WaUsworth, 

Washington, 

WaiifTh, 

WhItiuK, 

Williams, N. a 

Williams. 111. 

Wilson, Ky. 

Wilson, W.Va. 

Wise. 

Wolverton, 

Wright. 



Breckinridge, Ky. Fiti-li. 

Brown. Ind. Filhian, Merodith, 

Brown, Md. Forney, Mitchell, 

Buchanan, N. J. Fowler, Norton. 

Bunn. Funston, O'Ferrall. 

Bunting, Fyau. O'Neill, Mo. 

Byuum, Gelssenhainer, Owens, 

Byrns, Gillespie, Parrett, 

Campbell, Goodnight. Pattlson,Ohl 

Castle, jrady, Patton, 

Causey, Hall. Pearson. 

Cheatham, Hamilton. Pendleton, 

Clancy, Barter, Pickler, 

Clarke, Ala. Haynes. Ohio Post, 

Clark, Wyo. Henderson, Iowa Price, 

Cockran, Henderson, N. C. Raines, 

Cocpci-, Henderson, 111. Ray. 

Cowles, Hermann, R.ayner, 

Crain, Hufl. Richardson, 

Culberson, Johnson, Ohio Rife, 

The following--named members were announcad as paired: 

Until furtlier notice: 

Mr. Goodnight with Mr. Ketcham. 

Mr. Culberson with Mr. Stephenson. 

Mr. McCreary with Mr. Wilson of Kentucky. 

Mr. Washington with Mr. Sanford. 

Mr. Stone of Kontuclcy with Mr. RiFE. 

The following for this day: 

Mr. Dickson with Mr. Belden. 

Mr. Bynum with Mr. Buchanan of New Jersey. 

Mr. Whiting with Mr. Raines. 

The following on the bankruptcy bill: 

Mr. Geissenhainer with Mr. Snodgrass. 

Mr. Hemphill with Mr. Bowers. 

Mr. Grain with Mr. Vincent A. Taylor. 

Mr. Allen with Mr. Wilson of West Virginia. 

Mr. Lawson of Virginia with Mr. Mitchell. 

Mr. .Tones with Mr. Townsend. 

Mr. Mutchler with Mr. Henderson of Iowa; Mr. Mutch- 
LER against the bill and Mr. HENDERSON for it. 

Mr.O'FERR-^-LL with Mr. Enochs, until Thursday, January 26. 

The result of the vote was then announced as above recorded. 

The question was taken on the approval of the Journal; and 
the Speaker declared that the ayes seemed to prevail. 

Mr. KILGORE. I ask for a division. 

The House divided; and there were — ayes 168, noes none; so 
the Journal as read was approved. 

PAYMENT of notarial PEES. 

The SPEAKER laid before the House a letter from the Secre- 
tary of the Treasury, transmitting a communication from the 
Commissioner of Customs in relation to the estimate for payment 
of notarial fees; which was referred to the Committee on Appro- 
priations, and ordered to be printed. 

CATALOGUE OP LIBRARY, SURGEON-GENERAL'S OFFICE. 

The SPEAKER also laid before the House a letter from the 
Acting Secretary of War, calling attention to the omission in the 
sundry civil appropriation bill of the usual appropriation bill for 
printing the next volume of the index catalogue of the library 
of the Surgeon-General's Office; which was referred to the Com- 
mittee on Appropriations, and ordered to be printed. 

POTOHUNK RIVER, NORTH CAROLINA. 

The SPEAKER also laid before the House a letter from the 
Secretary of War, transmitting a letter of the Chief of Engineers 
with accompanying report of preliminary examination of Poto- 
hunk River, North Carolina; which was referred to the Com- 
mittee on River and Harbors, and ordered to be printed. 

NAVAJO INDIAN RESERVATION. 

The SPEAKER also laid before the House a letter from the 
Secretary of the Interior, transmitting, pursuant to House reso- 
lutiiin, information relative to the opening of the Navajo Indian 
Reservation: which was referred to the Committee on Public 
Lands, and ordered to be printed. 

ADJUDICATED LAND ENTRIES. 

The SPEAKER also laid before the House a letter from the 
Secretary of the Interior, tran.smitting a list of public entries 
adjudicated by the Commissioner of the Land Office and con- 
lirmed by the Board of Equitable Adjudication during the fiscal 
year 1892; which was ref en'ed to the Committee on Public Lands, 
and ordered to be printed. 



AMENDMENT TO INDIAN APPROPRIATION BILL. 
The SPEAKER also laid before the House a letter from the 
Secretary of the Interior, transmitting an amendment to the In- 
dian appropriation bill for the fiscal year IS'.ll. submitted by the 
Commissioner of Indian Affairs: which was referred to the Com- 
mittee on Indian Affairs, and ordered to be printed. 

PUBLIC PROPERTY ON INDIAN RESERVATIONS. 

The SPEAKER also laid befoi-o the House a letter from the 
Secretary of the Interior, transmitting a statement prepared by 
the Commissioner of Indian Affairs, showing property trans- 
mitted from ono reservation to another; also property told at 
the various Indian agencies and schools during the fiscal year 
ending June ;)0, 1892; which was referred to the Committee on 
Indian Affairs, and ordered to he printed. 

ENROLLED BILLS SIG.NED. 

Mr. SCOTT, from the Committee on Enrolled Bills, reported 
that they had examined and found truly enrolled the bill (H. R. 
101S9) relating to proof of citizenship of applicants for Indian 
war pensions under the act of Congress, approved July 27, 1892; 
when the Speaker signed the same. 

MESSAGE FRO.M THE SENATE. 

A niossagc from the Senate, by Mr. Platt, one of its clerks, 
announced that the Senate Iiad passed with an aracndmont the 
bill (H. R. lOdlOi to establish a court of appeals for the District 
of Columbia, and for other purposes, asked a conference with 
the House on the bill and amendment, and had ai)|)(>intcd Mr. 
Hoar, Mr. Wilson, and Mr. I'ugh as the conferees on the part 
of the Senate. 

it also announcHl that the Senate had passed the following 
resolution; in which the concurrence of the House was requested: 
unsolved by the Senate (fhf House of Ilepresentativfn concurriri'j). That in ad- 
dition to the usual number there shall be prlnleil b.hOO copies of the roiMjrls 
of the commissioners of the United States to the Paris Exposition of 1889. 
L.^'riX) copies for use of the Senate, :t,000 copies for use of the llouTo, and 1,000 
coi)ies for use of the Dei>artmcnt of State. 

BIG HORN AND SOUTHERN RAILROAD. 

Mr. PEEL. I ask unanimous consent that the bilUS. 3,'117) ex- 
tending the time for the construction of the Big Horn and South- 
ern Railroad through the Crow Indian Reservation be recom- 
mitted to the Committee on Indian Affairs. 

There being no objection, it was so ordered. 

RAFT-TOWING ON THE GREAT LAKES. 

Mr. LOCKWOOD. By request of the gentleman from Vir- 
ginia [Mr. Wise], chairman of the Committee on Interstate and 
Foreign Commerce, I ask unanimous consent for the immediate 
consideration of the joint resolution (S. R. 124) directing the 
Secretary of War to investigate the subject of raft-towing on 
the Great Lakes and their connecting waters. This resolution 
carries no appropriation whatever, but simply proposes that an 
inquiry may be made under the direction of the Secretary of 
War, with a view to the adoption of regulations for the towing of 
rafts on the Great Lakes. 

The joint resolution was read, as follows: 

Hesoh'ed by the Senate and House of Jtepresen/alivef, etc.. That the Secretary 
of War be, and he is hereby, directed to appointed a board, to consist of 
three ofBcers of the Engineer Corps of the Army, to Investigate the subject 
of raft-towing on the Great Lakes and their connei-ting waters, and to report 
to Congress as to what restrictions. If any, should be placed upon the size 
and manner of constructing and towing rafts upon said Great Lakes and 
their connecting waters. 

There being no objection, the House proceeded to the consid- 
eration of the joint resolution. 

The question being taken on ordering the joint resolution to 
a third reading, there were on a division (called for by Mr. KlL- 
GORE) — aves KiO. noes none. 

Mr. KILGORE. No quorum. 

Tellers were ordered; and Mr. LoCKWOOD and Mr. KiLGORE 
wore appointed. 

The House again divided: and the tillers reported — ayes 167, 
noes 1 . 

So the joint resolution was ordered to a third reading; and it 
was accordingly read the third time. 

The question being taken on the passage of the joint resolu- 
tion, there were on a division (called for by Mr. Kilgore)— ayes 
149. noes 1. 

Mr. KILGORE. No quorum. 

Tellers were ordered: and Mr. LoCKWOOD and Mr. KiLGOKE 
were appointed. 

The House again divided: and the tellers reported— ayes 165, 
noes 2. 

So the joint resolution was passed. 

enrolled BILL SIGNED. 

Mr. SCOTT, from the Committee on Enrolled Bills, reported 
that they had examined and found truly enrolled the bill (S. 
3727) to amend "An act authorizing the construction of a rall- 



XXIV- 



-53 



834 



CONGRESSIONAL EEOORD— HOUSE. 



jAifUARY 25, 



way, street railway, motor, wagon, and pedestrian bridge over 
the Missouri River near Council Bluffs, Iowa, and Omaha, Nebr., 
and to extend the time for the completion ot the bridge therein 
provided for; " when the Speaker signed the same. 

ORDER OF BUSINESS. 

Mr. OATES. I demand the regular order. 

The SPEAKER. The regular order is the call of standing 
and select committees for reports. 

Mv. HOLMAN. I ask unanimous consent that the regular 
call of committees be dispensed with , and that gentlemen be per- 
mitted to file their reports with the Clerk. 

Mr. KILGORE. I object. 

The SPEAKER. Objection being made, the Clerk will call 
the standing' and select committees for the presentation of re- 
ports. 

REBUILDING OF LOCK NO. 3, GREEN RIVER. 

Air. BLANCHARD, from the Committee on Rivers and Har- 
bors, reported back, as a substitute for House bill 10173, a bill 
(H. R. 1031S) providhig for rebiuldiug Lock No. 2, Green River, 
at Rumsey, Ky.; which was read a first and second time, referred 
to the Committee of the Whole House on the state of the Union, 
and, with the accompanying report, ordered to bo printed. 

By unanimous consent, House bill 10173 was laid on the table. 

REORGANIZATION OP ARTILLERY AND INFANTRY. 

Mr. OUTHWAITE, from the Committee on Military Affairs, 
reported back, with an amendment in the form of a substitute, 
the bill (S. 2170) to reorganize the artillery and infantry of the 
Army and to increase its efficiency; which was referred to the 
Committee ot the Whole House on the state of the Union, and, 
with the accompanying report, ordered to be printed. 

PROTECTION OF FUR SEALS, ETC. 

Mr. BLOUNT, from the Committee on Foreign Affairs, re- 
ported back the bill (S. 3029) to extend to the North Pacific 
Ocean the provisions of the statutes for the protection of fur 
seals and other fur-bearing animals; which was referred to the 
House Calendar. 

ERIE, PA., WATERWORKS. 

Mr. AMERMAN, from the Committee on the Public Lands, 
reported back the bill (H. R. 9826) granting certain rights and 
privileges lo the commissioners of waterworks in the city of 
Erie, Pa.; which was referred to the Committee of the Whole 
House on the state of the Union. 

ORDER OF BUSINESS. 

The SPEAKER. This completes the call of the standing and 
select committees. 

Mr. HOLMAN. I believe it is in order now to move that the 
House resolve itself into Committee of the Whole to consider 
general appropriation bills? 

The SPEAKER. The Chair will state that the House has 
adopted a resolution under which yesterday and to-day were as- 
signed to the Committee on the Judiciary for the consideration 
of the bankruptcy bill, subject to the right of the House to take 
up and consider general appropriation bills. 

Mr. HOLMAN. I wish to move that the House resolve itself 
into Committee of the Whole to further consider general appro- 
priation bills, if now in order. 

The SPEAKER. The gentleman has the right to make the 
motion. 

Mr. HOLAIAN. I make that motion. 

Mr. OATES. Pending that I desire to ask of the House, in 
view of the fact that yesterday was disposed of 

Mr. KILGORE. Debate is not in order. 

Mr. OATES (continuing). One of the days set apart for the 
consideration of this special order 

The SPEAKER. The gentleman from Texas, as the Chair 
understands, makes the point of order that debate is not in 
order. 

Mr. OATES. The gentleman from Texas, Mr. Speaker, is a 
little previous. I am not debating this question. If he will 
wait until my request is submitted then it will be time to ob- 
ject. 

Mr. KILGORE. But the debate is not in order on a motion to 
go into Committee of the Whole. 

Mr. OATES. The Chair will decide that question and not the 
gentleman from Texas. I am stating my request, but have not 
yet been permitted to do so by the gentleman from Texas. 

The SPEAKER. The motion is not debatable, and if the 
gentleman from Texas makes the point of order the Chair must 
take notice of it. 

Mr. OATES. I am not indulging in debate and do not pro- 
pose to, but simply rise to submit a request. 

I ask unanimous consent, in order that the appropriation bill 
may go on and be completed, that to-morrow and the next day 



be substituted fQr the twodayswhich.by the order of the 

were given to the .Judiciary Committee for the considerai^on <A 

the bankruptcy bill. 

The SPEAKER. The Chair will submit the request of the 
gentleman from Alabama. 

Mr. HOLMAN. I hope that will bo agreed to, as it is emi- 
nently fair. 

The SPEAKER. The gentleman from Alabama asks unani- 
mous consent that to-morrow and the next day be set apart for the 
consideration of the bankruptcy bill, in place of the two days 
heretofore given for that purpose. Is there objection? 

Mr. KILGORE. I object. 

Mr. OATES. Then I hope the motion of the gentleman from 
Indiana will be voted down. 

The SPEAKER. The question is on the motion of the gen- 
tleman from Indiana, that the House resolve itself into Commit- 
tee of the Whole House on the state of the Union to further 
consider appropriation bills. 

The question was taken; and on a division there were — ayes 56, 
noes 102. 

I\Ir. KILGORE. No quorum has voted. 

Mr. OATES. I ask for the yeas and nays. 

Mr. BURROWS. Wo can save time by having tellers. 

Mr. OATES. Very well; I will withdraw the demand for the 
yeas and nays. 

The SPEAKER. The point of no quorum being made, the 
Chair will appoint tellers. 

Mr. HOLMAN and Mr. Kilgore were appointed tellers. 

Mr. KILGORE. I demand the yeas and nays. 

The yeas and nays were not ordered, there being 27 rising in 
favor thereof and 124 against; the affirmative vote not being 
one-fifth of the whole. 

Mr. KILGORE. The point ol no quorum has not been with- 
drawn, Mr. Speaker. 

Tlie SPEAKER. The Chair thinks that point is waived, how- 
ever, by the gentleman when he demands the yeas and nays. 
[Laughter and applause.] Such has been the praetice of the 
House. 

Mr. KILGORE. I am not aware of anv such practice. 

The SPExVKER. The Clerk will invite the attention of the 
gentleman from Texas and the House to an authority which the 
Clerk \vill read from the Digest. 

The Clerk read as follows: 

When a rising vote is taken, and the Chair announces the result, it is in 
order tor any member, If no quorum has voted, to malie the point, and it 
then becomes the duty of the Chair (under Rule I, clau.se ."i) to appoint tellers. 
But if tellers are demanded and refused by the House (or committee) It Is 
then too late, under the practice, to make the point of no quorum. 

Mr. KILGORE. I move that the House take a recess until 
11 o'clock to-morrow. 

The SPEAKER. The Chair will recognize the gentleman in 
one moment, as soon as he declares the result of the vote that is 
ponding. On the motion of the gentleman from Indiana[Mr.HOL- 
m.vn] the vote was 56 in the affirmative and 102 in the negative. 
Therefore the House refuses to go into Committee of the Whole 
on general appropriation bills. 

Mr. KILGORE. And now the Speaker rules, does he, that it 
is tco late for me to make the point of no quorum ? 

The SPEAKER. The Chair holds that, under the practice of 
the House, it is too lato. 

Jilr. KILGORE. This is the first time the resulthas been an- 
nounced on that vote. 

The SPEAKER. Oh, no, the Chair begs the gentleman's par- 
don. The Chair announced the result. The gentleman made 
the point of no quorum, and then, as the Chair understood, de- 
manded the yeas and nays. 

Mr. KILGORE. The gentleman from Alabama [Mr. Oates] 
demanded the yeas and nays, and then withdrew the demand. 

The SPEAKER. Under the practice, it is the right of any 
member to make the point of no quorum; but as the Chair un- 
derstands it, when a member does not 'choose to do that, and 
demands the yeas and nays or demands tellers, the practice is 
that it is then too late to go back and make the point of no quo- 
rum. 

Mr. KILGORE. Why should the Speaker annoimce the re- 
sult twice if it was announced before the demand for the yeas 
and nays? 

The SPEAKER. The Chair announced it twice because, when 
the Chair first announced it, the gentleman demanded the yeas 
and nays. The yeas and naj-s are now refused. The Chair had 
to determine what had become of the motion of the gentleman 
from Indiana [Mr. Holman]. 

Mr. KILGORE. I modify my motion to take a recess until to- 
morrow at 11 o'clock, and move that the House take a recess im- 
til 4 o'clock this afternoon. 

The SPEAK;ER. The noes have it. The motion of the gen- 
tleman from Indiana [Mr. HOLMAN] is not agreed to. The gen- 



1893. 



CONGRESSIONAL EECORD— SENATE. 



847 



Mr. MITCHELL, from the Committee on Claims, to whom was 
referred the bill (S. 746) to settle and adjust the claims of any 
State for expenses incurred by it in defense of the United States, 
reported itwithout amendment, and submitted a report thereon. 

He also, from the same committee, to whom was referred an 
amendment submitted by Mr. Tuepie, January 25, intended to 
be proposed to the deficiency appropriation bill, reported it with- 
out amendment, and moved that, with the accompanying report, 
it be referred to the Committee on Appropriations and be printed; 
which was agreed to . 

Mr. McMillan, from the Committee on Agriculture and 
Forestry, to whom were referred two amendments submitted by 
Mr. Caeey on the 21st instant, one intended to be propo.sed to 
the legislative, executive, and judicial appropriation bill, an" 
the other to the sundry civil appropriation bill, reported tliera 
favorably, and moved that they be referred to the Committoi! on 
Appropriations and bo printed; which was agreed to. 

Mr. CULLOM, from the Committee on Interstate-Commerce, 
to whom was referred the bill (H. R. 10161!) to amend an act en- 
titled "An act to regulate commerce," approved February 4, 
1887, reported it with amendments. 

WILLIAM SMITH AND OTHERS. 

Mr. DAVIS. I am directed by the Committee on Military 
AiJ'airs, to whom was referred the bill (H. R. 5597) for the re- 
lief of William Smith and others, to report it favorably, with- 
out amendment. I ask unanimous consent that the bill bo now 
considered. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It directs the proper ac- 
counting officers of the Treasury to credit Lieut. Col. William 
Smith, deputy paymaster-general. United States Army, in the 
settlement of his public accounts, with $3,015.15; to credit Maj. 
William F. Tucker, paymaster. United States Army, with $5,- 
461.61; to credit Assistant Surgeon John O. Skinner, United 
States Army, with $199.14; to remove the charge of $2,]S5.92 
standing against Maj. John S. Billings, surgeon, United States 
Army; and remove the charge of $l,029.()O standing against 
George M. Wheeler, captain on the retir.?d list of the Army ; 
and to i-emove the charge of $634.42 standing against Lieut. P. 
Henry Ray, Eighth Regiment of Infantry, United States Army; 
these amounts having been paid out and received in accordance 
with the orders of the Secretary of War or the provisions of the 
regulations for the governmontot the Army of the United States 
prescribed by the President. 

Mr. CULLOM. There seem to be a good manj' items pro- 
posed to bo discharged by the bill. I do not know anything- 
about the bill, but I should like to have it explained before wo 
pass it. 

Mr. DAVIS. The items were paid out bj' these various pay- 
masters under the explicit orders of the Secretary of War. 
These amounts were stopped against them by the accounting 
officers of the Treasury. The bill is based upon the recommenda- 
tions of the War Department after a careful examination by the 
Committee on Military Affairs. A counterpart of this bill passed 
the Senate a few days ago, but the other House instead of p;iss- 
ing the Senate bill passed one of its own, which is the bill now 
under consideration. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

Mr. DAVIS. I move that the House of Repi-esentatives be 
requested to rotui-n to the Senate the counterpart of the bill just 
passed, being the bill (S. 1678) for the relief of William Smith 
and others. 

The motion was agreed to. 

COUNT OF ELECTORAL VOTES. 
;Mr. TELLER, from the Committee on Privileges and Elec- 
tions, to whom was referred the following' concurrent resolution 
of the House of Representatives, reported it without amend- 
ment, and it was considered by unanimous consent, and agreed to: 

Resolved by t]ie Uouse of liepresentativcs (the Senate concurring). That the 
two Houses o£ Congress shall assemble in the Hall ot the House of Represen- 
tatives on Wednesday, the Sth day of February, 1893, at I o'clock Intheafter- 
noon, pursuant to the requirement of the Constitution and laws relating to 
the election ot President and Vice-President of the United States, and "the 
President of the Senate shall be the presiding officer; that two persons be 
appointed tellers on the part of the Senate and two on the part of the House 
of Representatives, to make a list of the votes as they shall be declared: 
that the result shall be delivered to the President of the Senate, who shall 
announce the state of the vote and the persons elected to the two Houses as- 
sembled as aforesaid, which shall be deemed a declaration of the persons 
elected President and Vice-President of the United States, and, together 
with a list ot the votes, be entered on the Journals of the two Houses. 

PRESIDENTIAL APPROVALS. 

A message from the President of the United States by Mr. O. 
L. Pruden, one ot his secretaries, announced that the President 
had on the 25th instant approved and signed the joint resolu- 



tion (S. R. ISo) making an appropriation of $5,000 for cleari 
the Potomac River of ice. 

The message also announced that the President of the United 
States had on the 2Gth instant approved and signed the follow- 
ing acts: 

An act (S. 2345) to authorize the construction of a brido-o across 
the Mississippi River above New Orleans; and ° 

A joint resolution (S. R. 12S) to authorize the Secrotarv ot 
War to grant permits for the uso of reservations and public 
spaces in the city of Washington, and for other purposes. 

BILLS INTRODUCED. 

Mr. CALL introduced a bill (S. .■!777) for the construction of 

• ^rlr ijj jpw^^ f the Bight of Canaveral, in the State of Florida, 

ailable fc*^he us.s of the Navy; which was read twice by iti 
title, and, with the accompanying papers, referred to the Com- 
mittee on Naval Affairs. 

Mr. CULLOM introduced a bill (S. 3778) granting a pension to 
Mrs. Elisha Kent Kane, widow of Dr. Elisha Kent Kane, the 
Arctic explorer: which was road twice by its title, and referred 
to the Committee on Pensions. 

Mr. SHERMAN introduced a bill (S. 3779) authorizing the 
purchase of oil paintings for the Executive Mansion; which was 
read twice by its title, and, with the accompanying paper, re- 
ferred to the Committee on the Library. 

Mr. JONES of Arkans-as introduccd'a bill (S. 3780) to author- 
ize the loyal Creek Indians, Indian Territory, to bring suit in 
the Court of Claims for damages committed upon their property; 
which was read twice by its title, and referred to the Committee 
on Indian Affairs. 

Mr. PETTIGKEW introduced a bill (S. 3781} to estublish a 
military post at or near the city of Pierre, Hughes County, in 
the State of South Dakota; which was read twice by its title, 
and referred to the Committee on Military Affairs. 

He also introduced a bill (S. 3782) to authorize the construc- 
tion of a bridge across the St. Louis River between the Statosof 
Jlinnesota and Wisconsin, near the village of West Dulutb; 
which was read twice by its title, and referred to the Committee 
on Commerce. 

Mr. HISCOCK introduced a bill (S. 3783) to amend the several 
acts of Congress r^'laffng to the acquisition of property forasltc 
and for the construction of a building for the custora-houso in the 
city of New York; which was read twice by its title and referred 
to the Committee on Public Buildings and Grounds. 

Mr. WASHBURN (by request) introduced a bill (S. 3784) to 
autliorize the construction of a bridge across the St. Louis River, 
between the States of Minnesota and Wisconsin, near the village 
of West Duluth; which was read twice by its title, and referred 
to the Committee on Commerce. 

Mr. JONES of Arkansas introduced a bill (S. 3785) to provide 
for the condemnation of land for a military post near the city of 
Little Rock, Ark.; whichwasread twice by its title, and referred 
to the Committee on the Judiciary. 

Mr. HISCOCK introduced a joint resolution (S. R. 142) author- 
izing the control of matters pertaining to the assignment, oc- 
cupation, etc.. of rooms occupied by officers and employes of the 
Government to bo vested in the Secretary of the Treasury; 
which was read twice by its title, and referred to the Committee 
on Public Buildings and Grounds. 

LOAN OF THE LIBERTY BELL. 

Mr. CULLOM introduced a joint resolution (S. R. 141) request- 
ing the municipal authorities of Philadelphia to loan to the 
United States Government the Liberty bell for exhibition as 
therein stated; which was read the first time by its title. 

Mr. CULLOM. I ask that the joint resolution be considered 
at this time. 

The joint resolution was read the second time at length, as 
follows: 

Whereas it Is desirable that the Liberty bell bo placed on eshlbltlon at the 
forthcoming World's Columbian Exposition to give all our countrymen au 
opporttmlty to see this historical medium through which liberty was flrst 
proclaimed to the American people; and 

w •• ■•■■■■ • • 

thor 

Resolved liijthc Scnulf and Iluiise of Representatives of the United State) of 
America in Congress asse/n/jlcii. That the munlclr>al anthorltles of rhiladol- 
phia be, and thoy arc hereby, requested to jjermit the Libcrly 
moved by a representative of the Board of Management of i; ■. lie 

Government of the United .States to the city of Chlca^^'o. to be , :. -a 

part of the Government e.Khibit of the World's Columbian ExpLiaitlou, sub- 
ject to such conditions as the said authorities of Philadelphia and said Board 
of Management may decide upon. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the joint resolution? 

Mr. CULLOM. I hope there will be no objection to it. It is 
simply a request to the authorities of the city of Philadelphia, 
which they can compl.y with if they desire. I wish to state that 
the proposition is to allow the managers of the Go%'crnment es- 



Whereas this bell Is under the charge and in the caro of the municipal au- 
lorities of Philadelphia : Therefore, 



848 



CONGRESSIONAL EECORD— SENATE. 



January 26, 



hibit to take charge of the bell, and that there is a place pro- 
vided in the Government building- at the World's Columbian 
Exposition where the bell can be bung-, so that all the people 
attending that great Exposition in this country may have an op- 
portunity to see it. I do not see that there ought to be any olj- 
jection to it by the Government, and I anticipate that there will 
not bo by the city of Philadelphia, from what I have heard, al- 
though I do not know certainly as to that. 

Mr. IIOAK. The joint resolution certainly puts the Congress 
of the United States in a very remarkable position, that of a pe- 
titioner to a municipal body in one of the States. I do not think 
that Congress ever took that position before. If we set such a 
precedent, I do not see why we may not bo asked to petition 
municipal bodies, or a State Legislature, or county commissioners, 
or the selectmen of a town, or constables in particular States, 
or individuals. 

Mr. SHERMAN. Let the joint resolution be referred. 

Mr. HOAR. I think the joint resolution had better be re- 
ferred to a committee. I presume the United States can under- 
take the custody of this bell if it is desired: but I shall very 
strongly resist this particular mode of accomplishing the result. 
I move that the joint resolution be referred to the Select Com- 
mittee on the Quadro-Centennial. 

Mr. CULLOM. Or the Committee on the Library. 

Mr. QUAY. It is a matter of no consequence to me to which 
committee the joint resolution is referred. I was merely about 
to say that I have no objection to the joint resolution, and if it 
shall be referred to the Library Committee, as the chairman of 
that committee I shall bo disposed to make a favorable report 
upon it. 

Mr. CULLOM. I hope the Joint resolution will be referred to 
the Committee on the Library. 

Mr. QUAY. I think the Government will have no difficulty 
in procuring the bell from the municipal authorities of Phila- 
delphia. 

The VICE-PRESIDENT. The joint resolution will be re- 
ferred to tlie Committee on the Library, if there be no objection. 

Mr. CULLOM. One word further before the joint resolution 
is referred. While it is true that it is a request by the Govern- 
ment, yet I do notsee myself how we can procure the bell unless 
the authorities of Philadelphia see proper to send it to Chicago 
without any request. It occurred to me that in relation to such 
a matter it is not out of place for the Congress of the United 
States to make a requestof the city of Philadelphia, which great 
city has had charge of the bell since theaunouncementby it that 
the Declaration of Independence had been adopted : therefore 
the joint resolution was put in this form. I hope, however, if it 
goes to a committee that it will not be delayed long, to whatever 
committee it may be referred, and lam not particular as to the 
reference. 

Mr. QUAY. I repeat that I have no doubt, unless the Sena- 
tor from Illinois is acquainted with something to the contrary, 
that upon application by the directory of the Exposition the bell 
will be furnished by the municipal authorities of Philadelphia 
for exhibition at Chicago without any difficulty. 

Mr. CULLOM. Without any actio'n by Congress? 

Mr. QUAY. I should think .so, unless the Senator from Illi- 
nois knows something to the contrary. 

Mr. CULLOM. I do not know anything to the contrary. A 
gentleman who is somewhat connected with the Exposition 
brought me this joint resolution, and it occurred to mo that it 
is a proper thing to do, and I took pleasure in introducing it. 
The only purpose is to secure the presence of the bell at the 
great Exposition, and however it may be gotten there is a mat- 
ter of indifference to me, if it is agreeable to the city of Phila- 
delphia. 

Mr. HAWLEY. I wish to say just one word about this mat- 
ter. I concur with the Senator from Massachusetts in rather 
criticising the joint resolution. There will be no practical diffi- 
culty, it scorns to me. I know the bell wont to New Orleans. 
I think a simple communication from the Columbian Commis- 
sion will obtain the bell, under proper safeguards. The city of 
Philadelphia takes good care of it, and will take it there and 
bring it back. 

The VICE-PRESIDENT. The joint resolution will be re- 
ferred to the Committee on the Library, if there be no oJjjec- 
tion. It is so referred. 

LOAN OF FLAGS, ETC., FOB INAUGURATION PURPOSES. 

Mr. GORMAN. I introduce a joint resolution and ask unani- 
mous consent for its present consideration. 

The joint resolution (S. R. 140) authorizing the Secretaries of 
War and of the Navy to loan 'to the committee on inaugural cer- 
emonies, flags, and so forth, was read the first time by its title, 
and the second time at length, as follows: 

Be it resolved hy the Senate and lionise of Mepreseiitatives of the United States 
of America in Congress assembled, Tliat the Secreta.iy ot -War and the Secre- 



tary of the Navy be, and they .are hereby, authorized to loan to the commit- 
tee ou inaugural ceremonies such ensigns, flaKS, and so forth (except battle 
flags), that are not now in use, and may be suitable and proper for decora- 
tion, and may be spared without detriment to the public service; such flags 
to be used by said committee under such regulations and restrictions as 
may be prescribed by the said Secretaries, or either ot them, in decorating 
the fronts of public buildings and other places on the line of march between 
t he Capitol and the Executive Mansion, and the interior of the reception 
hall: Proeided, That the said committee shall indemnity the said Depart- 
ment, or either ot them, for any loss or damage to such flags not necessarily 
incident to such use. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the joint resolution? 

Mr. SHERMAN. I will ask the Senator from Maryland if the 
joint resolution is in the usual form when this courtesy is ex- 
tended in cases of the inauguration of a President? 

Mr. GORMAN. It is substantially in the usual form. I will 
state to the Senator from Ohio that the resolutions heretofore 
passed at the time of the inauguration of Pre-iidents have spec- 
ified that the Secretaries of War and the Navy shall loan the 
flags from practically all the navy-yards, naming the yards in the 
District of Columbia, at Norfolk, League Island, Portsmouth, 
&c. This has been changed so as to permit the Secretaries to 
loan such flags where it is convenient to do so. It is framed after 
the resolution which was passed in the matter of the Encamp- 
ment of the Grand Army of the Reoublic held in this city. It 
was objected at that time that the navy-yards ought not; to be 
specified. Otherwise, it is exactly the usual measure. 

Mr. SHERMAN. All right. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the joint resolution. 

The jt)int resolution was reported to the Senate without amend- 
ment, oi'dered to be engrossed for a third reading, read the third 
time, and passed. 

AMENDMENTS TO APPROPRIATION BILLS. 

Mr. GALLINGER submittid an amendment intended to be 
proposed by him to the naval appropriation bill; which was re- 
ferred to the Committee on Appropriations, and ordered to be 
printed. 

Mr. PLATT (by request) submitted an amendment intended 
to be jiroposed to the fortification appropriation bill; which was 
referred to the Committee on Appropriations, and ordered to be 
printed. 

Mr. VOORHEES submitted an amendment intended to bo pro- 
posed by him to the sundry civil appropriation bill; which was 
referred to the Committee on the Library, and ordered to be 
printed. 

Mr. HOAR submitted an amendment intended to be proposed 
by him to the sundry civil appropriation bill; which was referred 
to the Committee on the Judiciai-y; and ordered to be printed. 

■WITHDRAWAL OF PAPERS. 

On motion of Mr. SHERMAN, it was 

Ordered, That Aden Benedict be permittee to -withdraw his papers from th« 
flies otthe Senate, 

INAUGURATION ARRANGEMENTS. 

Mr. GORMAN submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

Resolved, That a committee of three Senators bo appointed by the Vice- 
President to make the necessary arrangements for the inaugm-ation of the 
President-elect of the United States on the 4th day of March next, 

LIQUOR TRUST. 

Mr. CHANDLER submitted the following resolution; which 
was referred to the Committee on Finance: 

Resolved, That the Committee ou Finance Is hereby directed to make in- 
quiry whether or not a trust exists to control and monopolize the business 
of producing and selling high wines and alcohol or other distilled liquors, 
and to restrain the freedom of trade and commerce therein, which trust is 
maintained In violation ot the laws of the United States; whether the pur- 
pose of said trust is accomplished In whole or in part by giving rebate cer 
tiflcates for the payment ot 5 cents per gallon on all such liquors sold by the 
persons or company maintaining the trust, payable only on conditiou'that 
the purchasers and their successors and assigns, shall make all their ftiture 
purchases solely from said persons or company, and if so, what amount of 
rebate certificates have been issued from time to time and how many are not 
outstandmg unpaid ; 

Whether any portion of such liquors produced or handled by said trust has. 
been at any time adulterated with any poisonous or deleterious drugs or 
other additions and thereafter sold or used as a beverage: 

What portion of such liquors produced or handled by said trust is used as 
a beverage and what portion in the arts or for medicinal purposes: 

Whether such adtilteration is practiced under licenses issued to rectifiers 
imder the internal-revenue laws or tmder the protection of special taxes 
imposed by said laws: and 

Whether any legal proceedings have been commenced against the persons 
or company inalutaiuing said trust, and to investigate any and all other 
facts connected with said trust which the committee may deem material, 
said committee to have power to send for persons and papers and examine 
witnesses, and to act as a full committee or by a stibcommittee or subcom- 
mittees dtiring the present session of Congress and after its expiration and 
until the next regular meeting of Congress on the lirst Monday iu December 
next, the expenses ot making said inquiry to be paid from the appropriation 
for the contingent expenses of the Senate. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



849 



ATTOBNEYS' FEES IN INDIAN CLAIMS. 
Mr, DAWES submitted the following resolution; which was 
referred to the Committee on Printing: 

Bi'solved, That the copies of contracts made with Indian tribes or Indians 
eince January 1, 1880, by which compensation was agreed to bei>aid toattor- 
noys. agents, or other persons for obtaining the recognition, allowance, or 
payment of claims in favor of such tribes or Indians asatnst the United 
States, and otlier papers furnished to tlie Senate by the Secretary of the In- 
terior, January 6, 1893, in response to the Senate resolution of Juno 1, 1892, 
be printed. 

MARITIME OFFENSES. 

Mr. HOAR submitted the following concurrent resolution; 
which was considered by unanimous consent, and agreed to: 

Resolved by the Senate {the House of Representatives concurring). That the 
President be requested to return to the Senate the blU (S. 2625) to provlilo 
for the punishment of oHenses on the high seas. 

world's COLUMBIAN COMMISSION REPORT. 

The VICE-PRESIDENT laid befoi-e the Senate the following 
message from the President of the United States: which was 
read, referred to the Committee on the Quadro-Centennial (Se- 
lect), and ordered to be printed: 
To the Senate and House of Itepresentatives: 

I transmit herewith, for the information of Concrcss, the third regular re- 
port of the World's Columbian Commission, and the report of the president 
of the Board of Lady Managers, with the accomijanying papers. 

BENJ. HARRISON. 

ExEctJirvTi Mansion, January se, 1S93. 

Note. — The documents referred to accompanying the message have been 
sent to the House of Representatives. 

MILITARY POST AT FORT WAYNE, MICH. 



The VICE-PRESIDENT laid before the Senate the an 
mont of the House of Representatives to the bill (S. 985) to pro- 
vide for the enlargement of the military post at Fort Wayne, 
Mich., which was to add to section 2 the following proviso: 

Provided, That said land shall be acquired without cost to the United 
States. 

Mr. HAWLEY. There is no objection on this side to that 
amendment. I move that it be concurred in, and that passes 
the bill. 

The motion was agreed to. 

SUPERVISORS OF ELECTIONS AND SPECIAL DEPUTIES. 

Mr. BATE. I move that the bill (S. 3504) to repeal all stat- 
utes relating to supervisors of elections and special deputies be 
takin from the table and referred to the Committee on the Judi- 
ciary. 

The motion was agreed to. 

UNITED STATES CANALS, ETC. 

Mr. DOLPH. I ask leave to call ud the bill (S. 356S) providing 
for the establishment and enforcement of rules and regulations 
for the use and navigation of United States canals and similar 
works of navigation, and for other purposes. The bill was pre- 
pared by the Chief of Engineers and relates to an importantand 
ui'gi'iit matter. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill, which had been reported 
from the Committee on Commerce with amendments. 

The first amendment of the Committee on Commerce was. in 
section 2, line 3, after the word "misdemeanor," to strike out 
"for which the owner or ownei's. agent or agents, master or 
pilot of the vessel offending shall be separately and collectively 
responsible;"' and in line 8, after the word "committed," to iii- 
sert "the person or persons so offending;" so as to make the 
section read: 

Sec. 2. That any willful violation of any rule or regulation made by the 
Secretary of War in pursuance of this act shall be deemed a misdemeanor, 
and ou conviction thereof, in any district cotirt in the Uuiied States within 
whose territorial jurisdiction such offen.se may have- been committed, the 
person or persons so otTending shall be liable to punishment by a 11 ul' not 
exceeding J500 or by imprisonment not exceeding six months, at" the discre- 
tion of the court, for each offense. 

The amendment was agreed to. 

The next amendment was, in section 3, line 1, after the word 
" that,"' to strike out " it shall hs ths duty of all persons using 
or navigating such canals or similar works, their channels and 
a]iproaches, or using any of the piers, breakwaters, docks, 
wharves, or other improvements belongins-to the United States, 
to observe the regulations prescribed by the Secretary of War 
as aforesaid;'' in line 9, after the word "failure," to strike out 
"or neglect; " inline 18, after the words " regulations, shall,'" to 
strikeout "be liable"' and insert " in addition; '" in line 19, after 
the word "act," to strike out "and shall, in addition thereto," 
and insert " in cases of willful violations of such rules and regu- 
lations:" and after the word " thereby," at the end of line 23, to 
to strike out "or by any unlawful acts, to said United States or 
such aggrieved person;" so as to make the section read: 

Sec. 3. That any person who shall willfully or negligently strand or sink 
any steam vessel, boat, or craft in such canals or similar works, or in the 



'"i^^—IIrff^, 



channels or approaches, or who shall willfully or negUgentlv, or liv failure 
to observe the regulations prescribed by the Secretary of War for" the use 
thereof, obstruct or Impair such canals or similar works, or cause auv im- 
pediment, ln.1iu'y, UlUng up, or shoaling therein, or in the approaches tlu-reto, 
tending to obstruct or impair the navigation thereof, or who shall willfully 
damage or injure the piers, breaUwater.s, wharves, docks, or other Improve- 
ments of such canals or similar works belonging to the United Stales, or 
who shall fall to obey or observe any of said prc.scrll>ed regulation.^, shall. In 
addition to the penalty prescribed by .section 2 of this act. in cases of willful 
violations of such rules and regulations, be liable to the Uulted States or to 
any jjcrsou aggrieved by such ol)structlons or injuries or unlawful acts or 
omissions, in a cl /ll action for all damages occasioned thereby. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments wore concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

OSAGE RIVER BRIDGE, IN BENTON COUNTY, MO. 

Mr. VEST. I ask the Sonato to take up and pass a bill for 
which there is immediate necessity. It ha.s been report 'd by the 
Conunitteo on Commerce and is ujion the Calendar, being Houso 
bill 100()2. It is an ordinary bridge bill, but the work hits been 
stopped until this legislation can be had. 

By unanimous consent, the Senate, as in Committee of tho 
Whole, proceeded to consider ihe bill (U. U. 100G2) to authorize 
the construction of a bridge across tho Osage River, between the 
mouths of Pomme do Terre River and Buffalo Creek, in Benton 
County, Mo. 

Tho bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

LUCIUS L. DYER. 

ATT. I ask unanimous consent of the Senate for tho 
present consideration of Houso bill 5049, to remove a charge of 
desertion. 

Mr. MITCHELL. I shall make no objection to tho taking up 
of tho bill referred to by the Senator from Connecticut, but 
after it has been considered I shall object to taking up any other 
bill until we proceed with the Calendar. 

Mr. PLATT. There is a special reason for the passage of this 
bill. 

By unanimous consent, tho Senate, as in Commiltoo of tho 
Whole, proceeded to consider tho bill (H. R. 5049) to remove tho 
charge of desertion against Lucius L. Dyer. 

The bill was reported from the Committee on Military Affairs 
with an amendment to strike out all after tho enacting clause and 
insert: 

That the Secretary of War be, and hereby is, authorized to revoke and set 
asiile Special Orders Numbered (W, dated February 10. lsi5l. War L).'|.arttnent, 
dismissing Lucius L. Dyer, late second lieutenant of (_'ompany C. Fourtei-ntli 
ReL'lnientV)r Connecti(;ut Voluiueers. to date January II, 18*^, and to correct 
his military rcccird a-cordlngly, and to issue to himacertltlcateot disi-harge 
as of date .laituary 11. IHi>I: rrovuJed, That no pay. bounty, or emoluments 
of any kind shall become dueor payable by reasonof the passage of this act, 

The amendment was agreed to. 

The bill was roiiorted to the Senate as amended, and the 
amendment was concurred in. 

The amendment was ordered to be engrossed, and tho bill to 
be read a third time. 

Tho bill was read the third time, and passed. 

The title was amended so as to read: "A bill to amend the mili- 
tary record of Lucius L. Dyer."' 

MRS. S. A. FARQUHARSON. 

The VICE-PRESIDENT laid before the Senate the amend- 
ment of the House of Representatives to tho bill (S. I.'i03) to in- 
crease the pension of Mrs. S. A. Farquharson, which was on page 
1, line 4, before the word " dollars," to strike out " twenty-live " 
and insert " iifteen." 

Mr. TURPIE. I move that tho Senate nonconcur in the 
amendment of tho House of Representatives, and ask for a com- 
mitt;^e of conference. 

The motion was agreed to. 

By unanimous consent, the Vice-President was authorized to 
appoint the conferees on the part of tho Senate, and Mr. Davis, 
Mr. TURPIE, and Mr. Palmer were appointed. 

MRS. MARY p. C. HOOPER. 

Mr. KYLE. I wish to cull up at this time the bill(S. 2X30)for 
the relief of Mrs. Mtiry P. C. Hooper. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the bill named by the Senator from South Da- 
kota":' 

Mr. MITCHELL. I have given notice that I should ask for 
the regular order. What does the Senator wish to do':* 

Mr. KYLE. I wish to secure theconsidoration and i).a.ssageof 
a short bill, to wliich I think there will Ixs no objection. 

Mr. MITCHELL. I gave notice a moment ago that I should 
insist on the CaUndar after the passage of the bill then proposed 
to be considered. 



XXIV- 



-.54 



850 



CONGRESSIONAL EEOORD— SENATE. 



January 26, 



Mr. HISCOCK. After the passage of two or three other bills, 
I hope the Senator will say. ,,* t * , 

Mr MITCHELL. It seems to me that we ought to take up 
the Calendar Wo have not been on the Calendar now for about 
two weeks, I think. Such action will give everyone a chance 
and be fair to all. Let us go to the Calendar for awhile, and 
perhaps later on we can take up bills on the application of indi- 
vidual Senators. 

Tlio VICE-PRESIDENT. Objection is made to the consider- 
ation of the bill named by the Senator from South Dakota. 

Mr. HALE. I hope the Senator from Oregon will not insist 
upon his objection. 

Mr. MITCHELL. Why notV 

Mr. HALE. Most of the bills on the Calendar have nothing 
but the public interestbehind them, while there are a good many 
Senators who personally desire to have bills passed. 

Mr. MITCHELL. There are some bills at the head of the 
Calendar which I personally desire to have passed which have 
been laid over. ,, -, . 

Mr. HALE. I have not any that I myself desire to have 
passed, but I see that several other Senators have. I hope the 
Senator from Oregon will give way to Senators v/ho desire to 
have their bills passed. . 

Mr. MITCHELL. The Senator is disposed to be alittle iron- 
ical, I am afraid. 

Mr. HALE. Never. 

Mr. MITCHELL. I insist on the Calendar. 

The VICE-PRESIDENT. Objection is made to the request 
of the Senator from South Dakota, and the first bill on the Cal- 
endar will be stated. 

HIRAM SOMERVIL.LE. 

The bill (S. 88) for the relief of Hiram Somerville was an- 
nounced as first in order, and the Senate, as in Committee of the 
Whole, proceeded to its consideration. 

The bill was reported from the Committee on Claims with an 
amendment, in lino 1, after the words '-sum of," to strike out 
"si.K hundred and fifty-five" and insert "two hundred and 
fifty," so as to make the bill road: 

Be it enacted: efe, That the sum of S250 be, and the same is hereby, appro- 
priated to Hiram Somerville, of Marion County, 111. . for supplies furnished 
by him to the United States. 

The amendment was agreed to. 

Mr. COCKRELL. Let the report be read in that case. 
The VICE-PRESIDENT. The report will bo read. 
The Secretary read the following report submitted by Mr. 
Sanders May 27, 1892. 

The Committee on Claims, to whom was referred the bill (S. 88) for the 
relief of Hiram Somerville, for certain property of his to the value of $6dd, 
taken for theusa of the army of Gen. Hunter, in Jackson County, W. Va., 
has had the same under consideration and report: 

Five hundred and live dollars' vi-orth of this property seems to have been 
taken by irresponsible persons and without furnishing the possessor or 
claimant or owner any voucher therefor, and although the owner at the time 
was an enlisted man in the United States Army, and a prisoner in Libby 
Prison so much of his claim nuist be attributed to depredations of an army 
In the field, and upon well-deflned principles of public policy and law placed 
beyond the demand for remuneration. 

Two hundred .and fifty dollars' worth of this property consisted of one 
hor.se and five hogs, and was taken and voucher or memorandum receipt 



■Vir' 'iuia Regiment, with a view to his forwarding It to the proper authority 
and1>btaining the money thereon for the claimant. Shortly thereafter Col. 
Frost was killed at Snicker's Gap and the voucher lost. 

Your committt'e areol the opinion that that debt should be paid, and they 
recoiumeud where the words " si.i; hundred and fifty-five dollars " occur they 
shall be striken out and that " two hundred and fifty dollars " be inserted in 
lieu thereof, and that as so amended the bill pass. 

The bill was reported to the Senate asamended,andthe amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 



THOMAS ANTISELL. 



The bill (S. 1700) for the relief of Thomas Antisell was consid- 
ered as in Committee of the Whole. 

The bill was reported from the Committee on Claims with an 
amendment, in line 3, after the words " sum of ," to strike out ' ' ten 
thousand" and insert " two thousand five hundred; " so as to make 
the bill read: 

Be it enacted etc.. That the sum of $2,500 be, and Is hereby, appropriated, 
to bo paid out of any moneys In the Treasury not otherwise appropriated, 
to Dr. Thomas Antisell, late surgeon and bi-evet lieutenant-colonel of vol- 
unteers, in compensation for the use and occupation of his land near Port 
Albany, Va., by the troops of the United States during the war of the re- 
bellion, and for property taken by said troops, used and destroyed by reason 
of said occupation. 

The amendment was agreed to. 

Mr. COCKRELL. Let the report be read in that case. 

The VICE-PRESIDENT. The report will be read. 



The Secretary read the following report, submitted by Mr. 

SANDERS May 27, 1892: 

The Committee on Claims, to which was referred the bill (S. 1790) for the 
relief of Thomas AutisoU, have had the same under consideration, and beg 
leave respectfully to report as follows: 

The bill proposes an api)ropriatlou of $10,000 to Dr. Thomas Antisell for 
ln,1ury to his real property, situate at the west end of Long bridge near the 
banks of the Potomac River in Virginia, where at the breaking out of the 
war Dr. Antisell resided. Of his loyalty to the Government of the United 
States In those troublesome times there can be no doubt. He was in the 
service of the Governnient and he remained a loyal, intelligent, and efficient 
offlcer, .and in every avocation acquitted himself in a manner wholly credit- 
able to himself and to the great advantage of his coimtry. At the breaking 
out of the war troops occupied his place, a fort was built upon it, his home 
was broken up, and he was compelled to remove to the District of Columbia, 
where he has ever since resided. The orchard and forest and fencing was 
taken by the troops and used for firewood, or in the construction of a fort 
thereat, or for other military uses. 

Your committee has repeatedly held that damage in the form of depreda- 
tions or injuries to real property within the limits of the States in rebellion 
or where war was flagrant are not such damages as the Government is called 
upon under any circumstances to pay. The Government is in such places 
engaged in such worlt upon its own lawful business, and can not be required 
to comijensate for iuiiu-les resulting therefrom, unavoidably or other'wlse, 
on any principle of law or equity. 

Nor does your committee recognize that always quartermaster and com- 
missary stores used by the Army in time of war call for compensation, but 
instances have occiu'red where it has seemed not inappropriate to pay for 
timber used in the construction of forts or for firewood, or for other mili- 
tary uses, where there are circumstances indicating that It was the purpose 
of the officers of the Government so to pay for the same. 

If any case justifies such a payment, it seems to your committee the case 
at bar is one. The place occupied was In sight of the Capitol, the officers of 
the Government seem to have entered upon a consideration and negotiation 
as to the value of the property taken by them, but in the excitement and mu- 
tations of the time did not give to Dr. Antisell the proper vouchers whereby 
he could be paid for the same; but your committee do not believe that the 
value of the orchard, the forest tress, and the fencing used for military pur- 
poses by the Army exceeds in value the sum of 82,500, and believing that 
that sum, upon the principle hereinbefore stated, is due Dr. Antisell, yom- 
committee recommend that the words " ten thousand dollars " where they 
occur in the bill be stricken out, and that the words ' • two thousand Ave hun- 
dred dollars" be Inserted in lieu thereof, and as so amended your committee 
recommend that the bill do pass, 

Mr. MITCHELL. I move to amend the bill by inserting the 
word '■ and " before the word " used," in the last line, and also 
by striking out all after the word '-used" and inserting "by 
them." 

Mr. COCKRELL. I ask the Senator to accept an amendment 
to his amendment by adding to the -words he proposes to insert 
the words " for military purposes." 
Mr. MITCHELL. I accept the amendment. 
The VICE-PRESIDENT. The amendment of the Senator from 
Oregon [Mr. MITCHELL] as modified by the Senator from Mis- 
soui'l [Mr. CocKRELLl will be stated. 

The Secretary. In lino 10, after the word "troops," it is 
proposed to insert the word "and;" and in the same line, after 
the word " used," to strike out ■' and destroyed by reason of said 
occupation," and insert " by thorn for military purposes;" so as 
to make the bill read: 

Be U euMted, etc. That the sirm of *-3.500 be, and Is hereby, appropriated, 
to be paid out of anv moneys in the Treasury not otherwise appropriated, to 
Dr Thomas Antisell, late surgeon and brevet lieutenant-colonel of volun- 
teers in compensation for the use and occupation of his laud near Fort Al- 
bany' Va by the troops of the United States dm-Ing the war of the rebel- 
lion, and lor property taken by said troops, and used by them lor military 
purposes. 

Mr. MITCHELL. The object of the amendment is to get rid 
of the word " destroyed," which has crept into the bill evidently 
through mistake, as it is not the habit of the Committee on 
Claim" to report in favor of paying for property destroyed, but 
only for its use and occupation. 

The PRESIDING OFFICER (Mr. HARRIS in the chair). The 
question is on the amendment of the Senator from Oregon as 
modified. 
The amendment was agreed to. 

Mr. PLATT. I do not quite understand the bill and I should 
like some further explanation of it than has yet been given or 
than is given in the report of the committee before I give it my 
support, 

Mr. MITCHELL. As this bill was reported from the Commitr 
tee on Claims by a Senator who is now absent from the city, I 
ask that it may go over until he returns, without losing its place 
on the Calendar. . 

Mr. PLATT. Let me simply state what the line is on which 
I should like an explanation. 

When the war broke out nearly all the land in Virginia near 
the Potomac River and extending several miles inward from the 
river was occupied by the troops. Dr. Antisell, it appears, was 
a loyal citizen who lived on the other side of the Long bridge 
near to the river; the military authorities occupied his land and 
undoubtedly did him damage, but are we to stop with Dr. Anti- 
sell? There undoubtedly were many loyal citizens all through 
eastern Virginia whose land was occupied and whose property was 
destroyed; and I do not see how the case of Dr. Antisell is to be 
made an exception. It does notappearfrom the report that any 
receipt was given him by the quartermaster or any other officer 



1893. 



CONGKESSIONAL EECOPyD— SENATE. 



901 



which was referred to the Committee on the Quadro-Centennial 
(Select). 

Mr. HIGGINS presented memorials of the Gilbert Presbyte- 
rian Church, of Wilmington; of the Covenant Reform Kpiscoiial 
Church, of Wilmington; of Grace Methodist Episcopal Church, of 
Wilmington, and of the Methodist Episcopal Church, of Hridge- 
ville, all in the State of Delaware, remonstrating against the 
repeal of the law closing the World's Columbian Exposition on 
Sunday; which were referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. STOCKBRIDGE presented petitions of citizens of Adrian, 
Mich.; of the Journeymen Tailors' Union, No. 8S, of Saginaw, 
Mich.; of Union No. 170, International American Machinists of 
Michigan: and of Wcstside Union, No. 793, United Brotherhood 
of Carpentei's and .Joiners of Grand Rapids, Mich., praying for 
the repeal of the law closing the World's Columbian E.xposition 
on Sunday; which were referred to the Committee on the 
Quadro-Centennial (Select). 

He also presented a petition of the Crosby Street Christian 
Reformed Church, of Grand Rapids, Mich., praying for the clos- 
ing of the World's Columbian E.xposition on Sunday: which was 
refOLi-ed to the Committee on the Quadro-Centennial (Select). 

He also presented the petition of John H. McEvoy and other 
citizens of Sault Ste. Marie, Mich., praying for the passage of 
legislation retiring enlisted men of the United States Army and 
Navy after twenty-tive years' service; which was referred to the 
Committee on Military Affairs. 

Mr. VOORHEES presented a petition of the Board of Mana- 
gers of the Homo for Incurables of the District of Columbia, pray- 
ing for the opening in connection therewith of California avenue 
in the city of Washington, D. C; which was referred to the Com- 
mittee on the District of Columbia. 

He also presented a joint resolution, adopted by the General 
Assembly of Indiana, instructing the Senators from that State 
to vote in favor of opening the World's Columbian Exposition 
on Sunday; which was referred to the Committee on the Quadro- 
Centennial (Select). 

Mr. VEST presented a petition of the Kansas City (Mo.) Live 
Stock Exchange, praying for the passage of legislation opening 
the Cherokee Strip to settlement; which was ordered to lie on 
the table. 

He also presented petitions of Cigar-Makers' Union, No. 95, of 
St. Joseph; Iron Molders Union, No, 142, of Hannibal; of Suc- 
cess Lodge, No. 33, Brotherhood of Locomotive Firemen, of Tren- 
ton; of .lourneymen Tailors' Union, No. 76, of Springfield, and 
of the Order of Railroad Telegraphers, Division 221, of Sedalia, 
all in the State of Missouri, praying for the repeal of the law 
closing the World's Columbian Exposition on Sunday; which 
were referred to the Committee on the Quadro-Centennial (Se- 
lect). 

Mr. COCKRELL presented a petition of the Commercial Ex- 
change of Kansas City, Mo., and a petition of the Live Stock 
Exchange of Kansas City, Mo,, praying for the passage of legis- 
lation opening the Cherokee strip to settlement; which were 
ordered to lie on the table. 

He also presented a memorial of the Commercial Club of Kan- 
sas City, Mo,, remonstrating against the passage of the Wash- 
burn-Hatch antioptionbill; which was ordered to lieonthe table. 

Mr. COCKRELL. I present three of the peculiar stereotyped 
petitions which come to us praying for the opening of the World's 
Fair on Sunday, originally addressed with pen and ink to Hon. 
John C. Tarsney, of the Fifth Congressional district of Mis- 
souri, His name has been stricken out and mine inserted in 
pencil , I move that the petitions be referred to the Select Com- 
mittee on the Quadro-Centennial, 

The petitions were referred to the Committee on the Quadro- 
Centennial (Select), as follows; 

Petition of Cigar-Makers' Union, No. 102, of Kansas City, Mo,; 

Petition of Local Union, No. 17, Machine Woodworkers' Inter- 
national Union, of Kansas City, Mo.; and 

Petition of Local Union, No. 2, Tin. Sheet Iron, and Cornice 
Workers' International Association, of Kansas City, Mo, 

Mr, IRBY presented a memorial of citizens of Clinton, S, C, 
remonstrating against the opening of the World's Columbian 
Exposition on Sunday; which was referred to the Committee on 
the Quadro-Centennial (Select). 



REPORTS OP COMMITTEES, 

Mr, FAULKNER, from the Committee on the District of Co- 
lumbia, to whom was referred the bill (H. R. 6922) to amend 
section 4.52 of the Revised Statutes relating to the District of Co- 
lumbia, concerning conveyance of real estate, reported it with- 
out amendment. 

He also, from the same committee, to whom was referred the 
bill (S. ,3080) supplementarv to an acteutitled "An act toprovidi? 
a government for the District of Columbia," approved February 



21, 1871, and also to an act entitled "An act for the government 
of the District of Columbia, and for other purposes," approved 
June 20, 1874, reported it with amendments, 

Mr, STEWART, from the Commilt 'O on Appropriations, to 
whom was referred the bill (H. R. 9825) making appropriations 
for the support of the Army for the fiscal year ending June 30, 
1894, and for other purposes, reported it with amendments, and 
submitted a report thereon. 

Mr. MANDEUSON, from the Committee on Military A(Taii-s, 
to whom was referred the bill (S. 2782) to restore Eugene Wells 
to the Army, reported it without amendment, and submitted a 
rejiort thereon. 

Ho also, from the same committee, to whom was referred the 
bill (S. 3696) for the relief of Brig. Gen. John R. Brooke, United 
States Army, reported it with amendments, and submitted a re- 
port thereon. 

Mr. CHANDLER, from the Committee on Immigration. I 
report back the bill (S. 3663) establishing additional regulations 
concerning immigration to the United States, with a subsiituto. 
I ask that the substitute bo printed and not the original bill; and 
als ) that a thousand extra copies of the substitute bo printed for 
till! use of the Senate. 

The bill (S. 3786) establishing additional regulations concern- 
ing immigration to the United States, was read twice bv its 
title. 

The VICE-PRESIDENT. The bills will Iw placed on the Cal- 
endar, and 1,000 extra copies of the substitute will be ordered 
printed, in the absence of objection, 

.Mr. DOLPII. By direction of the Committee on Public Lands 
I rejiort favorably an amendment intended to be pro[>osed to the 
bill (U. R. 10331) making appropriations for the legislative, ex- 
ecutive, and judicial expenses of the Government for the fiscal 
year ending June 30, 1894, and for other purposes. The amend- 
ment proposes to increase the amount of the appro|)r'uitions for 
clerk hire in the otlico of the surveyor-general of Oregon. I 
move that the amendment bo printed, and that, with the accom- 
panying letter of the surveyor-general of Oregon, it bo referred 
to the Committee on Appropriations. 
The motion was agreed to. 

Mr. FRYE, from the Committee on Commerce, to whom was 
referred the bill (H. R. 9176) relating to contracts of common 
carriers and to certain obligations, duties, and rights in connec- 
tion with the carriage of property, reported it with amendments. 
Mr. DAWES. I am directed by the Committee on jVpjjropria- 
tions, to whom was referred the bill (H. R. 9923) making appro- 
priations for fortifications and other works of defense, for the 
armament th 'reof , for the jirocurement of heavy ordnance for 
trial and service, and for other purposes, to report it with amend- 
ments, and to submit a written report thereon, I give notice 
that I shall call the bill up at an early day, 

I am furtlier instructed by the committee to report that two 
amendments intended to bo proposed to the bill, one submitted 
by the Senator from Colorado [Mr. Telw;h] providing f(ir tho 
construction of a disappearing gun carriage after the pattern of 
Mr. A. H, Emery, and the other submitted by tho Senator from 
Virginia[Mr.HUNTON], providing fortho making of 10-inch and 
12-iuch guns after the pattern of R. J. Catling, have been under 
consideration by the committer, but they have not been able for 
want of time to come to any conclusion U])on the same. They 
hope to be able to make a report upon them in the form of amend- 
ments to the bill before its consideration, which they will pre- 
sent if they are able to come to any conclusion upon the amend- 
ments. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar. 

Mr. COKE, from tho Committee on Commerce, reported an 
aniendment intended to be proposed to the bill (H, R, y9.")5) pro- 
viding for sundry light-houses and other aids to navigation; 
which was ordered to lie on the table. 

He also, from the same committee, to whom was referred tho 
bill I S, 3660) for the establishment of a light-house, fog signal, 
and line lights at or near the mouth of tho Brazos River, Texai<, 
reported it without amendment. 

Mr. PROCTOR, from the Committee on Military AfTaii-s, to 
whom was referred the bill (H. U.2592) for the relief of Andrew 
B. Kuapp, reported it with amendments, and submitted a report 
thereon. 

HARBOR OF CHICAGO. 

Mr. CULLOM. I am directed by the Committee on Commerco, 
to whom was referred the bill (S. .3753) relating to the anchor- 
age and movement of vessels in the port at Chicago, to report 
it favorably, with amendments, and I ask that tho bill be now 

!r ^ iW u'nSmm'ous consent, tho Senate, as in Committee of the 
Whole, proceeded to consider the bill. 



902 



CONGRESSIONAL RECORD— SENATE. 



jAIfUAEY 28, 




Tho 
section 
and 

5 after'the"wor"d~th6,'' to strikeout "harbor '' and insert |' har- 
bors;" and in the same line, after the word " Chicago,'' to insert 
"and waters of Lak« Michigan adjacent thereto;" in lino (>, after 
the word "relation," to strike out "thereto" and ins^ert "to tho 
same;" and in line 8, after the word "inshore," to strike out 
"channel ways" and insert "channels;" so as to make the sec- 
tion read: 

That the Secretary ol the Treasury be authorized and dii'ectea to define 
and establish anchorage groupds tor vessels in the harbors of Chicago and 
waters of Lake Michigan adjacent thereto, to adopt suitable rules and regu- 
lations in relation to the same, and also to adopt suitable rules and regula- 
tions goveruing the use of marked inshore channels in Lake Michigan m 
front of the city of Chicago, and to take all necessary measures tor the 
proper enforcement of such rules and regulations. 

The amendment was agreed to. 

The next amendment was, to strike out the last section of the 
bill, in the following words: 
.Seo. 3. That this act shall take eflect immediately. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

MESS.-VGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that tlie House had agreed 
to the concurrent resolution of the Senate requesting the Presi- 
dent of the United States to return to the Senate the enrolled 
bill (S. 2625) to provide for the punishment of offenses on. the 
high seas. 

The message also returned to the Senate, in compliance with 
its request, the bill (S.l()78) for the relief of William Smith and 
others. 

The message further announced that the House had agreed to 
the amendments of the Senate to the bill (H. R. 5049) to remove 
the charge of desertion against Lucius L. Dyer. 

The message also announced that the House had passed the 
bill (S. 3115) for relief of Clement Reeves. 

The message further announced that the House had passed the 
bill (S. 509) granting an increase of pension to Thomas J. Mat- 
look, with an amendment, in which it requested the conciirrenoe 
of the Senate. 

The message also announced that the House had passed the 
following bills, in which it requested the concurrence of the Sen- 

A bill (H. R. 2850) for the relief of F. Y. Ramsey, the heir at 
law and distributee of Joseph Ramsey; and 

A bill (H, R. 10146) to authorize tho Oklahoma Midland Rail- 
way Company to construct and operate a railway, telegraph, and 
telephone lines through the Indian and Oklahoma Territories, 
and for other purposes. 

ENROLLED BILL SIGNED. 

The message further announced that the Speaker of the House 
had signed the enrolled bill (H. R. 5597) for the relief of William 
Smith and others; and it was thereupon signed by the Vice- 
President. 

BILLS INTHODTJCED. 

Mr. PASCO introduced a bill (S. 3787) to authorize the con- 
struction of a bridge across the St. Marys River, between the 
States of Florida and Georgia; which was read twice by its 
title, and referred to the Committee on Commerce. 

Mr. TELLER introduced a bill (S.3788) granting right of way 
to the Colorado River Irrigation Company through the Yuma 
Indian Reservation in California; which was read twice by its 
title, and referred to tho Committee on Indian Affairs. 

Mr. HARRIS introduced a bill (S. 3789) to authorize the in- 
vestigation by the Attorney-General of certain claims alleged to 
be due the late proprietors of the Knoxville Whig for advertis- 
ing, and authorizing the payment therefor by the Secretary of 
the Treasury of any amounts found by the Attorney-General to 
be legally or equitably due; which was read twice by its title, 
and referred to the Committee on Claims. 

I\Ir. CHANDLER introduced a bill (S. 3790) for the relief of 
William Dillon; which was read twice by its title, and referred 
to the Committee on Claims. 

He also introduced a bill (S. 3791) to define and to provide for 
the execution of the provisions of sections 1390, 1476, and 1480, 
of the Revised Statutes of the United States relative to the com- 
missions of naval otKcei-s; which was read twice by its title, and 
referred to the Committee on Naval Affairs. 



Mr. PROCTOR introduced a bill (S. 3792) to incorporate tho 
American University; which was read twice by its title. 

I ask that tlie bill be referred to tho Committee on the Dis- 
trict of Columbia. 

Mr. DOLPH. I should like to ask tho Senator from Vermont 
if the bill should not go to the Select Committee to establish the 
University, of the United States, of which the Senator is chair- 
man? 

Mr. PROCTOR. This is not a bill concerning the National 
University, but the American University, an institution under 
the auspices of the Methodist Church. It is a mere act of in- 
corijoration. 

The VICE-PRESIDENT. The bill will bs referred to the 
Committee on the District of Columbia. 

Mr. DIXON (by roquest) introduced a joint resolution (S. R. 
143) for the more effectual carrying out of a provision of tho act 
approved March 3, 1S91, entitled "An act making appropriations 
to supply dofioiencies in the appropriations for the fiscal year 
ending .June 30, 1891, and for prior years, and for other purposes;" 
which was read twice by its title, and, with the accompanying 
paper, referred tj the Committee on Claims. 

AMENDMENTS TO BILLS. 

Mr. HIGGINS submitted sundry amendments intended to be 
proposed by him to the bill (S. 2870) to ratify and confirm an 
agreement with the Cherokee Nation of Indians, of the Indian 
Territory, to make appropriation for carrying out the same, and 
for other purposes; which were ordered to lie on the table, and 
be printed. 

Mr. PETTIGREW submitted an amendment intended to be 
proposed by him to the sundry civil appropriation bill; which 
was referred to the Committee on Public Lands, and ordered to 
printed. 

Mr. TELLER submitted an amendment intended to be pro- 
Xjosed by him to the legislative, executive, and judicial appropri- 
ation bill; which was referred to the Committee on Appropria- 
tions, and ordered to be printed. 

Mr. CULLOM submitted an amendment intended to be pro- 
posed by him to the biU (H. R. 10258) making appropriations to 
supply deficiencies in the approwriations for the fiscal year end- 
ing June 30, 1803, and for prior'years, and for other purposes; 
which was referred to the Committee on Appi-opriations, and 
ordered to be printed. 

Mr. HOAR submitted an amendment intended to be proposed 
by him to the diplomatic and consular appropriation bill; which 
was referred to the Committee on Foreign Relations, and ordered 
to be printed. 

He also submitted an amendment intended to be proposed by 
him to the sundry civil appropriation bill; which was refeiTed 
to the Committee on the Judiciary, and ordered to be printed. 

Mr. t AREY submitted two amendments intended to be pro- 
posed by him to the bill (H. R. 7130) to enable the people of New 
Me-xico to form a constitution and State government and to be 
admitted into the Union on an equal footing with the original 
States; which were referred to the Committee on Territories, 
and ordered to be printed. 

He also submitted an amendment intended to be proposed by 
him to the bill (H. R. 702S) to protect settlement rights where 
two or more persons settle upon the same subdivision of agri- 
cultural public lands before survey thereof; which was referred 
to the Comiuittee on Public Lands, and ordered to be printed. 

MEMORIAL OF C. C. MERRICK. 

On motion of Mr. CULLOM, it was 

Ordered, That the Committee on the Judiciary be discharged from the 
further consideration of the memorial of C. C. Merrick, to inquire into the 
legality of the disposition of the 2 per cent fund by the Legislature of the 
State of Alabama, and that he have leave to withdraw the same from the fllea 
of the Senate. 

PREVENTION OF CONTAGIOUS OR INFECTIOUS DISEASES. 

Mr. CHANDLER submitted the following resolution; which 
was considered by unanimous consent, and agreed to: 

Eesolvcd, That the Secretary of the Treasury be directed to Inform the 
Senate what rules and regulations, if any, are now in ezrlstence and in force 
at the port of New Yorli for tlie prevention of the introduction into this 
country of contagious or infectious diseases; and to sijecihcally st.ate what 
precautions against such diseases are prescribed to be observe! at the ports 
of dep.aniu-e, iipon the vessels on their voyages and in the harborof arrival; 
and also to inform the Senate by what authority of law such rules and regu- 
lations have been established. 

INVESTIGATION BY COMMITTEE ON COMMERCE. 

Mr. DOLPH submitted the following resolution; which was re- 
ferred to the Committee on Commerce, and ordered to be printed: 

Resolved, That the Committee on Commerce be, and the,y are hereby, au- 
thorized to sit, by subcommittee or otherwise, during the recess of Congress, 
at such places in' the United States as they may deem proper; and that they 
be, and they are hereby, authorized to inquire into the laws and regtilations 



1893. 



CONGRESSIONAL RECORD— SENATE. 



927 



Ho also presented a petition o£ Union Grang-e, No. 1181, Pa- 
trons oJ Husbandry, of Ohio, praying for tlje passage of legisla- 
tion lor the encouragement of silk culture; which was referred 
to the Committee on Agriculture and Forestry'. 

Mv. CAMERON presented petitions of citizens of Philadel- 
phici, Holmosburg, Smjania, Wissahickon, New Castlo, Bethle- 
hem, Chester, Jenkintown, Masonlown, Perryopolis, Gettysburg, 
Palmyra, Red Bank, Van Buren, Roaring Spring, Purcell, Wells- 
boro, Asaph, Somerset, Princeton, Prospect, Pittsburg, Bryan, 
Dayton, Rural Valley, Duquesno, New Tripoli, AUport, Scott- 
dalc, Reynoldsville, Murraysvillc, Parryville, Cherryville, 
Hcshbon, Armagh, Clyde, Imler Valley Bed, Nescopeck, Toner 
City, Tower City, Knbxdalo, Kulpsvilio, Wyndmoor, Chestnut 
Hill, Media, Wallaceton, Caledonia, Brookville, Plemington, 
Byrontown, Pigeon, Oak Ridge, Champion, Indian Head, Lock 
Haven, Allegheny City, Hobble, Wilkesbarre, Cedarville, Al- 
lentown, Oak Ridge, New Bethlehem, Fairmount City, Cham- 
bei'sville, Creekside, Saltsburg, Beaver Falls, Evorson. Sharjis- 
burg, Etna, HoUisterville, !Mount Carmel, Scranton, Maincsburg, 
Wilnierding, Pittsburg, Wilkinsburg, Grant, Hillsdale, Sandy 
Ridge, Pleasantvillo, New Haven, Souderton, North Wale.-!, 
Lansdale.Libjrty, Newcastle, Sheep Hill, Mahoningtown, Mal- 
vern, Campstown, Bangor, Cabol, Homestead, Draketown, 
New Lebanon, Now Vernon, North Mehoopany, Shamokin, 
Sto!iinglon,Orbisonia, Rock Hill, Davidsville, Woodbury, Stock- 
ertown, Talamy, Mount Jewett, Wahirba, Wrightsville, and 
Columbia, all in the State of Pennsylvania, praying for the ap- 
pointment of a commission to thoroughly investigate the evils 
of immigration in sections colonized by aliens during the last 
two decades; which were referred to the Committee on Immi- 
gration. 

Ko also presented two petitions of citizens of Philadelphia, 
Pa., praying for the opening of the World's Columbian E.\ po- 
sition on .Sunday; which were referred to the Committee on the 
QuaJro-Centenni.al (Select). 

Ho also presented a memorial of the congregation of the Ninth 
Presbyterian Church, of Philadelphia, Pa., and a memorial of 
the Hermon Presbyterian Church, of Frankford, Pa., remons- 
trating against the repeal of the law closing the World's Colum- 
bian E.\position on Sunday; which were referred to the Com- 
mittee on the Quadro-Centennial (Select). 

He also presented petitions of Friendship Lodge, No. 375, 
Brotherhood of Locomotive Engineers, of Dayton, Ohio; of 
Lodge No. 211, International Association of Machinists, of Ham- 
ilton, Ohio; of Cigar- Makers' Union, No. 79, of Sandusky, Ohio; 
of Lodge No. 2-'),'),InternationarAssociationof Machinists,of Bucy- 
rus, Ohio; of Excelsior Lod-ge.No. 321, International Association 
of Machinists, of Tiffin, Ohio: of Lodge No. IG, International Asso- 
ciation of Machinists, of Lima. Ohio; of Local Union, No. 70S, Uni- 
ted Brotherhoodof Carpenters and. Joiners of America, ot Salem, 
Ohio; of Cigar-Makers' Union, No. 1 1."), of Canton, Ohio; ot Lodge 
No. 96, Switchmen's Mutual Aid Association, ot Alliance, Ohio; 
of Lake Shore Lodge, No. 183. Brotherhoodof Locomotive Fire- 
men, of Linswood, Ohio; of Iron-Moulders' Union, No. 246, of 
Southington, Conn.; of Local Union, No. 794, Brotherhood ot 
Carpenters and Joiners of America, ot Pennsylvania; of Local 
Union, No. 102, Brotherhood of Carpenters and. Joineis of America, 
of Wilkesbarre, Pa.; ot Lodge No. 292. International Associa- 
tion of Machinists, ot Connorisville,Pa. ; of Cigar-Makers' Pro- 
gre-sive InternationalUnion, No. 165, of Philadelphia. Pa.; and 
of Cigar- JIakers' Union. No. 301, of Akron, Pa., praying for the 
repeal of the law closing the World's Columbian E.K))Osition on 
Sunday; which were referred to the Committee on the Quadi'o- 
Centennial (Select). 

He also presented a petition of Victor Council, Junior Order 
United American Mechanics, of Greencastle, Pa., and a petition 
of C. E. Boyle Council. Junior Order United American Mechanics, 
of Corry, Pa., praying for the passage ot the so-called Chandler 
immigration bill; which were referred to the Committee on Im- 
migration. 

He also presented the petition of John M. Hart, and other citi- 
zens ot Mechanicsburg, Pa., praying' for the repeal of the so- 
called Sherman silver law; which was ordered to lie on the table. 

He also presented a petition of the Builders' Exchange of Phila- 
deljihia. Pa., praying for the establishment of a permanentCen- 
sus Bureau; which was referred to the Committee on the Census. 

He also presented a petition of the Chinese Equal Rights 
League of Philadelphia, Pa., prayingfor the repeal of the Chinese 
exclusion law; which was refei-red to the Committee on Foreign 
Relations. 

Mr. INIcMILLAN presented a memorial of the Detroit (Mich.) 
Board of Trade, remonstrating against the passage of the Wash- 
buru-Hatchantioptionbill; which was ordered to lie on the table. 

Mr. FELTON presented a petition ot the Chamber of Com- 
merce ot San Francisco, Cal., praying for the repeal of the so- 
called Sherman silver law; which was ordered to lie on the table. 



He also presented a petition of the San Francisco (Cal.) Cham- 
ber of Commerce, praying for the passage of legislation to secure 
the laying ot an ocean cable to the Sandwich Islands and Aus- 
tralia; which was referred to the Committee on Commerce. 

He also presented a [letitionof the San Francisco (Cal,)Cham- 
borof Commerce, praying for the passage of legislation to place 
the quarantine service under the control of the General Govern- 
ment; which was referred to the Committee on Immigration. 

He also presented a petition of the San Francisco (Cul.) Cham- 
ber of Commerce, praying for the uas.sageof legislation restrict- 
ing European immigration for such a period as will secure our 
people against the advent of cholera; which was i-oferrcd to the 
Committee on Immigration. 

Mr. WASHBURN jiresontcd a resolution ot the house ot 
representatives of the State of Minnesota, and a resolution of 
the National Farmers' Alliance of Amei-ica, adopted at its an- 
nual session held in Chicago, 111., favoring the passage of the 
Wa.shburn- Hatch antioption bill; which were oruerod to lie on 
the table. 

He also presented the petition of F. B. Van Hoeser and 35 other 
citizens of Alo.xandria, Minn., praying for the reiieal of the so- 
called Sherman silver law; which was ordered to ho on the table. 

Mr. DAWES presented the petition of A. G. Houghton and 
other citizens of North Adams, Mass., prayingfor the roi)eal of 
the so-called Sherman silver law; which was ordered to lie on 
the table. 

Mr. PASCO presented a petition of Cigar-Makers' Union No. 
33(), ot Tampa, Fla., praying for the opening of the World's Co- 
lumbian Exposition on Sunday; which was referred to the Com- 
mittee on thi! Quadro-Centennial (Select). 

Mr. VILAS presented petitions of Aljjha Lodge No. 26, Broth- 
erhood of Locomotive Firemen, of Baraboo; of Local Union No. 
ISO, Journeymen Tailors' Union of America, of Baraboo; of Local 
Union No. 191, Journeymen Tailors' Union of America, of She- 
boygan, and ot Local Union No. 057, United Brotherhood of Car- 
penters and Joiners, of Sheboygan, all in the State of Wisconsin, 
praying for the repeal of the law closing the World's Columbian 
Exposition on Sunday; which were referred to the Committee on 
the Quadro-Centennial (Selfect!. 

He also presented the petition of J. E. Woodhoad, secretary 
of the faculty of Lawrence University, of Appleton,Wis.. praying 
for the establishment of a permanent census bureau; which was 
I'feferred to the Committee on the Census. 

Mr. PERKINS presented a i)etition of 22 citizens of FortScott, 
K.ans., praying for the repeal of the so-called Sherman law; 
which was ordered to lie on the table. 

He also presented a petition of 22 citizens of Butler County, 
Kans., praying for the passage of a special act granting a pen- 
sion to William Lambert, late of Company M, Fourth Regiment 
Illinois Cavalry; which was referred to the Committee on Pen- 
sions. 

He also presented a petition of Belle Plaine Post, No. .337, 
Grand Army of the Re]mblic, Department of Kansas, jiraying 
that the defenders ot the country be not made to sulTer l)y the 
repeal of existing pension laws, but that where economy in aj)- 
propriatious is necessary the process shall begin on river and 
harbor and other appropriations; which was referred to the Com- 
mittee on Commerce. 

Ho also presented petitions of the Board of Trade and Live 
Stock Exchange of Kansas City, Kans., and ot citizens of .\n- 
thony, Kans., praying for the opening of the Cherokee Strip to 
sett'ement; which were ordered to lie on the table. 

Mr. VEST presented a memorial of the Commercial Club of 
Kansas City, Mo., remonstrating against the passage of the Wash- 
burn-Hatch antioption bill ; which was ordered to lie on the ta- 
ble. 

He also presented a petition of the Commercial Club of Kan- 
sas City, Mo., praying for the establishment of a road bureau; 
which was referred to the Committee on Agriculture and For- 
estry. 

Mr. KYLE i)rosented a petition of the Legislature of South 
Dakota, praying for the passage of legislation giving preference 
toUnionvetei-ansin the iiublic employment of the nation: which 
was referred to the Committee on Civil Service and Retrench- 
ment. 

Mr. PETTIGREW presented the memorial of Thomas H. 
Arnold and other citizens of Hcrmosa, S. Dak., remonstrating 
against the repeal of the so-called Sherman silver law, unless 
Congress shall at the same time provide for the free coinage ot 
silver; which was ordered to lie on the table. 

Mr. WALTHALL presented the memorial ot E. J. Ezoll and 
32 other citizens, ot Okalona, Miss., remonstrating against the 
passage of the Washburn-Hateh antioption bill; which was or- 
dered to lie on the table. 

Mr. SAWYER presented a petition of citizens of Milwaukee, 
Wis., praying for the passage of House bill 8535, limiting the 



928 



CONGRESSIONAL RECORD— SENATE. 



January 30, 



free enti-y of wearing ajjparel of foreign manufacture; which 
was referred to the Committee on Finance. 

He also presented a petition of South Greenville Grange, No. 
225, Patrons of Husbandry, of Wisconsin, jiraying for the pas- 
sage of the Washbu)'n-Hatch antioptiou bill; which was ordered 
to lie on the table. 

Mr. HARRIS presented a petition of citizen of Davidson County, 
Tcnn.. praying for the passage of House bill 3(508, JHt|{60lasslfi; 
caticm of post-office clerks and fixing the salaries of the same 
which was referred to the Committee on Post-Offices and Post- 
Roads. 

Mr. HARRIS. I present a memorial of sundry quarrymen of 
Tennessee, remonstrating against the importation of building 
material for the Library of Congress or other public buildings 
in the country. I am not sure to whatcommittee this memorial 
should go, but I presume the Committee on Public Buildings and 
Grounds. 

The PRESIDENTproJemporc. The memorial will be referred 
to the Committee on Public Buildingsand Grounds, unless there 
be a request tor other reference. 

Mr. VEST. Does the memorial refer to the Library building? 

The PRESIDENT pro tempore. And other public buildings. 

Mr. VEST. Doss it apply to all public buildings^ 

Mr. HARRIS. It api)lies especially to the Library building. 

Mr. VEST. Our Committee on Public Buildings and Grounds 
never has had anything to do with the Library building. By 
the action of the Senate that building was put under the Select 
Committee on Additional Accommodations for the Library of 
Congress. If the memorial applies to all public buildings of 
course it ought to go to the Committee on Public Buildings and 
Grounds, but if it applies to the Library building it ought to go 
to the select committee. 

Mr. HARRIS. Then let it go to the select committee, if the 
Senator from Missouri thinks that a better reference. It applies 
especially to that building, although it refers to other public 
buildings as well. 

The PRESIDENT 2)ro tempore. The memorial will be referred 
to the Select Committee on Additionjil Accommodations for the 
Library of Congress. 

Mr. BUTLER presented a memorial of citizens of York 
County, S. C, remonstrating against the opening of the World's 
Columbian Exposition on Sunday; which was referred to the 
Committee on the Quadro-Centennial (Select). 

Mr. COCKRELL presented a petition of the Commercial Club 
of Kansas City, Mo., praying for the establishment of a road 
bureau in the Department of Agriculture; which was referred 
to the Committee on Agriculture and Forestry. 

Mr. HAWLEY presented a petition of the Connecticut State 
Grange, Patrons of Husbandry, praying for the passage of the 
Washburn-Hateh antioption bill; which was ordered to lie on 
the table. 

He also presented a petition of the State Board of Trade of Con- 
necticut, praying for the immediate and unconditional repeal of 
every act authorizing purchases of silver by the Government; 
which was ordered to lie on the table. 

He also presented a petition of the State Board of Trade of Con- 
necticut, praying for the repeal of the so-called Geary Chinese- 
exclusion act': which was referred to the Committee on Foreign 
Relations. 

REPORT.? OF COMMITTEES. 

Mr. VEST, from the Committee on the .Tudiciary, reported an 
amendment intended to be propofed to the sundry civil appro- 
priation bill; which was referred to the Committee on Appro- 
priations, and ordered to be printed. 

Mr. KYLE, from the Select Committee on Indian Depreda- 
tions, to whom was referred 'the bill {S. 358:3) for the relief of 
Robert McGee, reported it with amendments, and submitted a 
i-eport thereon, and asked that the bill lie on the table; which 
was agreed to. 

Mr. MORRILL, from the Committee on Public Buildings and 
Grounds, to whom was referred the bill (H. R. 9592) authorizing 
the Secretary of the Treasury to obtain plans and specifications 
for publi(.- buildings to be erected under the supervision of the 
Treasury Department, and providing for local supervision of the 
construction of the same, i-eported it with amendments. 

Mr. ALLLISON. From the Committee on Appropriations I 
rejjort back, with sundi-y amendments, the bill (H. R. 10038) mak- 
ing appropriations for the expenses of the government of the 
District of Columbia for the fiscal year ending June 30,1894, and 
for other purposes, accompanied by a brief report. 

I desire to give notice at this time that immediately after the 
conclusion of tlie consideration of the fortification appropriation 
bill and the Army appropriation bill I shall ask that this bill 
may be considered by the Senate. 

The PRESIDENT pro tempore. The bill will be placed on the 
Calendar. 



Mr. ALLISON. I will also state, if the Chair will allow me, tluit 
as soon as the pending order is disposed of, being the antiojjtion 
bill, the Committee on Appropriations will ask the Senate to 
consider all three bills in the order I have named. 

PRESERVATION OF ORDER AT THE INAUGURATION. 

Mr. McMillan. I am instructed by the Committee on tlic 

__ District of Columbia to report a joint resolution to provide fc ir 

V^he maintenance of order during the inaugural ceremonies in 

March, 1893. It is a short matter and I ask for its immediate 

consideration. 

The joint resolution (S. R. 144) to provide for maintenance of 
order during inaugural ceremonies in March, 1893, was read th-' 
first time by its title, and the second time at length, as follow : 
Kesolved, etc.. That J8,200, or as much thereof as maybe necessary, payalil^j 
from any money in the Treasury not otherwise appropriated, and from tlin 
revenues of the District of Columbia, in equal parts, is hereby appropriated i ' > 
enable the Commissioners of the District of Columbia tomjiintaiu public ordrr 
and protect life and property in said District from the :i8th of February i'> 
the yth of March. 1S93. both inclusive. Said Commissioners are hereby au- 
thorized and directed to make all reasonable regulations necessary to secnro 
such preservation of public order and protection of life and property, and 
fixing fares by public conveyances during said period. Any person violating' 
any such regulations shall tte liable for each such offense to a fine not to ex- 
ceed SlOO in the police court of said District, and indefault of payment therei it 
to imprisonment iu the workhouse of said District for not longer than sixty 
days. 

The PRESIDENT pro tempore. Is there objection to the pres- 
ent consideration of the joint resolution? 

By unanimous consent, the joint resolution was considered as 
in Committee of the Whole. 

The joint resolution was reported to the Senate without amend- 
ment, ordered to be engrossed for a third i-eading, read the third 
time, and passed. 

BILLS INTRODUCED. 

Mr. WASHBURN introduced a bill (S. 3793) to authorize the 
construction of a bridge over the St. Louis River between the 
States of Wisconsin and Minnesota; which was read twice by its 
title, and referred to the Committee on Commerce. 

Mr. WILSON introduced a bill (S. 3794) for the relief of Enoch 
Davis; which was read twice by its title, and. with the accompany- 
ing papers, referred to the Committee on Military Alfairs. 

Mr. HUNTON introduced a bill (S. 3795) to authorize the 
Washington, Alexandria and Mount Vernon Electric Railway 
Company to construct a bridge across the Potomac i-liver, and to 
construct a railroad over the same and through certain streets 
and reservations of Washington; which was read twice by its title, 
and referred to the Committee on the District of Columbia. 

Mr. FAULKNER introduced a bill (S. 379S) to amend "An act 
to prevent the manufacture and sale Of adulterated food or drugs 
in the District of Columbia," and transfer the execution thereof 
to the Department of Agriculture: which was read twice by its 
title, and referred to the Committee on Agriculture and For- 
estry. 

Mr. SAWYER introduced a bill (S. 3797) establishing a fog 
signal at Kewaunee, Wis.; which was read twice by its title, and 
referred to the Committee on Commerce. 

AMENDMENTS TO APPROPRIATION BILLS. 

Mr. PLATT submitted an amendment intended to be pro- 
posed by him to the sundry civil appropriation bill; which was 
referred to the Committee on Appropriations, and ordered to be 
pi'inted. 

Mr. CAMERON submitted an amendment intended to be pro- 
posed by him to the sundry civil ajipropriation bill; which was 
referreti to the Committee on Public Building and Grounds, and 
ordered to be printed. 

Mr. DAVIS submitted two amendments intended to be pro- 
posed by him to the Indian appropriation bill: which were re- 
ferred to the Committee on Indi-.in Affairs, and o;-derod to be 
printed. 

Mr. KYLE submitted an amendment intended to be proposed 
by him to the sundry civil appropriation bill; which was referred 
to the Committee on Education and Labor, and ordered to bo 
printed. 

MATERIAL IN LIBRARY BUILDING. 

Mr. HARRIS. I submit a resolution and ask for its present 
consideration. 

The resolution was read, as follows: 

Resolved, That the Chief of Engineers of the Army be, and he is hereby, 
directed to inform the Senate whether or not he has used or is using, haa 
contracted for or is contracting or is proposing to contract for any building 
material from foreign countries to be used in the construction of the Library 
building now in course of coustructi.jn. and if such material is being used 
or intended to be used he will inform the Senate the character, quantity, 
and actual or probable cost of such imported material, and the reasons for 
such importation. 

The Senate, by unanimous consent, proceeded to consider the 
resolution. 

Mr. PETTIGREW. To whom is the resolution addressed ? 

Mr. HOAR. To what officer is the direction given? 



1893. 



CONGRESSIONAL RECORD— SENATE. 



989 



Senator from Mississippi or the bill of the Senator from Minne- 
sota, because if the power to regulate commerce is conceded 
then the amendment of the Senator from Mississippi is good. 

Ml'. SHEUMAN (at 3 o'clock p. m.). I ask the unanimous 
consent of the Senate that the Senator from Delaware may have 
ten or fifteen minutes longer. It is manifest that he has been 
crowded in his argument, and I hope his time will be extended. 

Mr. HIGGINS. I shall not want so much as that. 

The VICE-PRESIDENT. Is there objection to the request 
of the Senator from Ohio? 

Mr. IIAIJUIS. I did not hear his request. 

Mr. SHEUMAN. I ask unanimous consent that the Senator 
from Delaware bo allowed ten or littcon minutes; he says not to 
exceed that. He has been evidently crowded at the close of the 
debate. 

The VICE-PRESIDENT. Is there objection to the fequest 
made by the Senator from Ohio that the Senator from Delaware 
be allowed fifteen minutes additional time? 

Mr. HIGGINS. I shall not take so long as that. 

The VICE PRESIDENT. The Chair hears no objection, and 
the Senator from Delaware will proceed. 

Mr. HIGGINS. I am obliged to the Senate for its indul- 
gence. 

I say, Mr. President, that I have no trouble on the constitu- 
tio;:al qu:-stion, forif the power to pass this bill exists under the 
grant of power to Congress to reLjulatc cammerco between the 
States, tbcn there can be no question since the decision of the 
Supreme Court in Veazie r,s. Peuuo that wo have the power or the 
right to use the power of taxation in carrying out the power or the 
grant under the commerce clause of the Constitution. If we can 
forbid the making of contracts in respect of options and futures 
in grain, or fictitious contracts, imder the power to regulate 
eommerco, then Congress can make use of the taxing power as 
an instrumentality under thi commerce power in order to carry 
out the latter power. 

Tliat was done in the ciise of the circulation of StaUi banks. 
Congress passed an act putting a tax upon all circulation by State 
banks. They did it under the jjower to regulate the cvu-rency, 
but they made use of the taxing power in order to cai-i\y out the 
power to regulate the currency. So hei'e if wo have a grant of 
power under the commerce clause to stop these sales we can use 
the taxing power as an instrumentality to get at it, and that is 
all. 

So it brings us back to the question: Has Congress the power 
under the grant to regulate ommercu between the States to for- 
bid these contracts? T think it has, as I have already said, be- 
cause the practice of 'short selling disturbs and obstructs thi- ap- 
plication of the law of supplyaud demand, agreat law which the 
people of this country, whether they be the producers of food 
products or the consumers of food products, have a right toen- 

The mischief is of State origin. It is created, as I have already 
said, at New York, at Chicago, at Now Orleans, and it may bo 
at one or two other places. It is replied to us here, let the States 
remedy it. What chance of remedy would there be in any of 
these States? I have no doubt that the Senator from New York 
and the Senator from Louisiana properly represent the average 
of those commercial communities and stand up for the commerce 
(so called) of New Yo.-k or of New Orleans, and that the States of 
New York and Louisiana never would protect us from any such 
misc'.iief as this. 

But while the origin of the mischief is local the mischief is 
national and the remedy is national. Mr. President. I belong to 
the school that believe in a liberal construction of the Constitu- 
tion. The histo.'y of the country shows that it has b.'on the 
pathway of progress and of greatness and of true statesmanship. 
The doctrine of strict construction was originated by Jefferson 
to destroy the Federal judiciary, and the Virginia and Kentucky 
resolutions were brought out and made the ground for its appli- 
cation. 

But the fame of John INIai'shall remains, and the grand fabric 
of the Federal judiciary rernains, supporting as it does the super- 
structure of this Union and holding in its grasp all the possibili- 
ties of our futOre. Nay, but when he came into power it was 
left for .Jefferson to declare war when ho said that they should 
not do it. It was left for Jefferson to enact the embargo which 
did not merely regulate commerce, but under the power to reg- 
ulate for the time destroyed commerce, and when the Federalists 
of New England, forgetting their pati'iotism and their duty to a 
common country shifted sides with Virginia and the Democrats 
of the South and carried their case in the courts of the United 
States they got the words of truth and of law from honest John 
Davis that the embargo was constitutional, and that decision has 
rested as the final determination of that question. 

Later, Mr. President, this doctrine was invoked in order to de- 
stroy the orinciple of protection by Mr. Calhoun. Later, again. 



it was invoked in the support of slavery. But protection re- 
mains and slavery is destroyed. When I heard the other day 
from the lips of the distinguished Senator from Mississippi, the 
successor on this floor of .JotTer.son Davis, that with the war the 
doctrine of strict construction had gone, and that this country 
wrs no longer wrapped in the swaddling clothes of the infant 
or held bound in the straight-jacket of the insane; that it had 
the power under its national authority to remedy a national 
abuse which the States could not remedy, carrying out the grand 
purpose of the origination of the Constitution, I felt I might say 
with Simeon of old: 

Now let Thy servant depart In peace, for mine eyes tiavo seen Thy salviiilou. 

It was left for the Senator from Massachusetts [Mr. Hoar] 
and the Senator from Connecticut [Mr. l'L,.\Tr], following the 
example of the Federalists in I'-'O'*, to take up this discai-Jed con- 
stitutional doctrine and revamp it for tlie purpose of defeating 
the pending bill. Again w • heard from strange lips of the de- 
struction of the States, that fine peroration which has been re- 
peated on this lloor again and again from the adoutiou of the 
Constitution, that the States were to be destroyed Dccau.so the 
Federal Government, for.sooth, would e.xercise its power. I do 
not know that I can better close these few imperfect remarks 
than by rjuotingon that subject from what Chief Justice Mar- 
shall said in Gibbons vs. Ogdon: 

We are now arrived at the Inquiry- 
He says— 

What Is this power? 
It Is the power to roKUIate; that Is, to prescribe the rule by which com- 

nierie Is to bo governed. This power, !ll:e all other.'* vested In ConmosH, la 
comp'.ito In itself, may beexerrlsed lo it.3 ;umosli'Xteni. and ackii^'Wii'dKos 
no limitations, other than are i)rescrlbt'd In the C<)U>tUutlt>u. Tiie>« are 
expressed in plain term.s. and do not affect the (iiieiillons which arise In tblB 
case, or which have been discussed at the bar. 

If. as has always ■ cen understood, the siivcrelRnty of Congress, though 
Uinitod to siJecllled objects. Is plenary as l'> thosi* ohjc-ts, the power over 
commerce with forelt'n nations, and anions' the .several .Slates, Is v.-sted In 
Congress as absfjlntely as it wonld be In a single ^:i^ve^nment having in Its 
oonsvltution the same restrictl'iiis on the exercise of the power ;ks are fuuud 
in t;.e C'onstiiutioi of Ihc United Stales. 

The wlidom an i disc-ietion of Congress, their Identity with the people, and 
the influence which their coustUuents possess at elections, are. In this, as in 
ma!iy other instances, as that, for ox.implo. of dechirlng war, the sole re- 
straints on which thej* have relied to secure them from its abuse. They are 
therestraintson which the iieople must often rely solely In all representa- 
tive governments. 

M.r. President, some mischiefs in respect of trade can bo 
rcmedi.xl by the Statss. Others can alone bo remedied by the 
National Government. Where a national mischief arises and 
exists, where no other remedy can 1 o applied, where, but for the 
exorcise of a national remedy by th ' Federal Congress the mis- 
chief would go unremedied except by an amendment to the Con- 
stitution, which jiractically is unatt'.iiniibloand would create dis- 
content and just di.scontent among the I'eople, wo would be 
recreant to our duty in the exei'cise of our admitted powers if 
we did not clearly and courageously apply the remedy whore 
the disi-ase exists and thj p )wer to remedy it is to be found 
within the limits of the Constitution. 

The VlCE-l^RRSIDENT. The question is on agreeing to tho 
amendment of the Senator from Wisconsin fMr. Vir-AS] to the 
amendment of the Senator from Mississippi ( Jlr. Gkorge]. 

Mr. SHERMAN. Let the amendment to the amendment bo 
read. 

The VICE-PRESIDENT. The amendment to the amendment 
will be read. 

The Chief Cr.,Ein\. Strike out lines 2. M, and 4, in the fourth 
section of the amendment proposed by Mr. George, being tho 
words: 

'Options 'and "futures." as hereinbefore defined, are hereby declared lo 
be obstructions to and restraints upon commerce among the Stales and with 
foreign natio:is, and to be illegal and void; and— 

So as to read: 

Sec. 4. That If any person shall be aparty, either as buyer or seller, to any 
contract or agreement hereinbefore (feflned as "options" or "futures," he 
shall be guilty of a misdemianor, etc. 

Mr. MILLS. I ask for the yeas and nays on the amendment to 
the amendment. 

Tlie yeas and nays were ordered, and the Secretary pi-oceeded 
to I'all the roll. 

Mr. CARLISLE (when his name was calledK On this vote I 
am paired with the Senator from Nebraska [Mr. P.addock]. 

Mr. FAULKNER (whrn his name was called). I have a gen- 
eral pair with the Senator from Pennsylvania [Mr. Qc.w]. I 
do not know what his views are on theamondmentto theamend- 
nient, and I within Id mv vote. 

Mr. IIANSBROUCJH (when his name was called). lam paired 
with the Senator from Montana fMr. S.\ndi-.u.s1. I transfer that 
pair to the Senator from Nevada [Mr. Jones] and vote "nay." 

Mr. PALMER (when his name was called). I am paired with 



990 



CONGRESSIONAL EECORD— SENATE. 



the Senator from Washington [Mr. Allen]. I understand that 
if lie were jircsent he would vote " nay" on the amendment to 
the amendment. I should vote "yea" if I were not ])aired. 

Mr. CAMERON (whenMr. Quay's name was called). Mycol- 
leas'ue [Mr. Quay] is ill and not able to be present to-day. He 
is paired with the Senator from West Virginia [Mr. Faulkner]. 

Mr. WILSON (when his name was called). I am paired with 
the Senatjr from Georgia [Mr. Colquitt]. 

The roll call was concluded. 

Mr. GOKDON. May I inquire whether the pair of my col- 
leiigue [Mr. Colquitt] was announced? 

The VICE-PRESTDENT. His pair was announced with the 
Senator from Iowa [Mr. Wilson]. 

Mr. WILSON. I understand that the Senator from Georgia 
[Mr. Colquitt] has been paired with the Senator from Ohio 
[Mr. Beige]. If that be the case, I shall vote. I vote " nay." 

The result was announced — yeas 21, nays 50: as follows: 









YEAS— 21. 




BloJ^'ett, 




Gorman, 


McPherson. 


Vilas, 


Canrvy, 


a 


Cray, 


Mills, 


White, 


Cameron. 


X 


Hill, 


Plait, 


Wolcott. 


Daniel. 


<X) 


Hiscock, 


Savryev, 




Dixon, 


-a 


Hoar, 


Stewart, 




Glb.son, 


_c 


Jones, Ark. 


Vest, 
NAYiS— 50. 




Allison, 


43 
C/3 


Dubois, 


Kyle, 


Sherman, 


BaiB, 


Pelton, 


McMillan, 


Slioup, 


Berry, 




Frye, 


Manderson, 


Squire, 


Butler, 


.♦-» 


Gallingor, 


Mitchell, 


Stockbridge 


Call. 


o 


George, 


Morgan, 


Teller, 


Carey, 


05 


Gordon, 


Morrill, 


Turple, 


Chaudler, 


"#->' 


Hale, 


Pasco, 


Vance, 


Cockrell, 


3 


Hansbrougli. 


PeOer, 


Voorhees, 


Colie, 


HarrLs, 


Perkins, 


Walthall, 


Cullom, 


Hawley, 


Power, 


Washburn, 


Davis, 


1— 


Higgins, 


Proctor, 


Wilson. 


Dawes, 


o 


Hunton, 


Pugh, 




DolpU, 


u_ 


Irby, 


Ransom, 








NOT VOTING— 17. 




Aldricli, 




Carlisle, 


Paddock, 


Stanford, 


Allen, 




Casey, 


Palmer, 


Warren. 


Blackburn, 




Colquitt, 


Pettigrew, 




Briee, 




Faulkner, 


Quay, 




Camden. 




Jones. Nev. 


Sanders, 





So the amendment to the amendment was rejected. 

The VICE-PRESIDENT. The question recurs on the amend- 
ment proposed by the Senator from Mississipjii [Mr. George]. 

Mr. GEORGE. I ask for the yeas and nays on the amend- 
ment. 

The yeas and nays were ordered; and the Secretary proceeded 
to call the roll. 

Mr. BATE (when his name was called). I have a general pair 
with the Senator from Washington [Mr. Allen], who is not 
here. I do not know how he would vote on this question if he 
were present, and therefore I withhold my vote. If I were not 
paired I should vote for the substitute. 

Mr. CARLISLE (when his name was called). On this bill I 
am paired with the Senator from Nebraska [Mi-. Paddock], but 
on this amendment I am advised that, if present, he would vote 
the same as I do. I therefore vote " nay." 

I\Ir. CHANDLER(whenhisname wascalled). Onthisamend- 
mcnt I am paired with the Senator from Rhode Island [Mr. Al- 
drich]. If he were present I should vote "yea." 

Mr. FAULKNER (when Mr. Colquitt's name was called). I 
desire to say in reference to thi^ vote upon this bill and its 
amendments that the Senator from Georgia [Mr, .Colquitt] is 
paired with the Senator from Ohio [Mr. Brice]. 

Mr. FAULKNER (when his name was called). I am paired 
with the Senator from Pennsylvania [Mr. Quay]. I do not 
know how he would vote on t^his amendment if present, and 
therefore I withhold my vote. 

The roll call was concluded. 

Mr. DIXON. My colleague [Mr. Aldrich] is necessarily ab- 
sent. He is paired upon the pending amendment with the Sen- 
ator from New Hampshire [Mr. Chandler]. If my colleague 
were present he would vote "nay." 

Mr. PETTIGRE W (after having voted in the negative). I am 
paired on this question v.-ith the Senator from West Virginia 
[Mr. Camden], and therefore I withdraw my vote. 

The result was announced — yeas 19, nays 51; as follov/s: 

YEAS— 19. 

Berry, Dolph, Jones of Ark. Pugh. 

Blackburn. George, Morgan, Ransom, 

Butler, Gorman. Morrill, Vance, 

Call, HarrLs, Pasco, Walthall. 

Coke, Hunton, Peffer, 



Allison, 
BlodgeM, 
Caffery, 
Cameron, 



Carey, 
Carlisle, 
Cockrell, 
Cullom, 



NAYS— 51. 
Daniel, 
Davis, 
Dawes, 
Dixon, 



Dubois, 
Felton, 
Galllnger, 
Gibson, 



Gray, 


Kyle, 


Hale. 


McMillan, 


Hansbrough, 


McPherson, 


Hawley, 


Manderson, 


Higgins, 


Mills, 


Hill, 


Mitchell, 


Hiscock, 


Palmer, 


Hoar, 


Perkins, 


Irby, 


Piatt, 


Aldrich, 


NC 

Casey, 


Allen, 


Chandler. 


Bate, 


Colquitt, 


Brice, 


Faulkner, 


Camden, 


Frye, 





Januaky 31, 


Power. 


Turpie, 


Proctor, 


Vest, 


Saivyer, 


Vilas, 


Sherman, 


Voorhees, 


Shoup, 


Washbiu-n, 


Squire, 


White, 


Stewart, 


Wilson, 


Stockbridge, 


Wolcolt. 


Teller, 




TING— 18. 




Gordon, 


Sanders, 


Jones o( Nev 


Stanford, 


Paddock, 


Warren. 



Pettlgi-ew, 
Quay, 

So the amendment was rejected. 

Mr. HARRIS. Mr. President. I do not propose to debate this 
bill further than to put on record some of the reasons which \vi 1 1 
control my vote. 

The bill upon its face is a tax bill, but every Senator know 
that not one cent of revenue will ever be raised under its pr-. 
visions. 

It is frankly admitted by its chief advocates and supportei-., 
that no revenue is expected or desired from it: and with equal 
frankness they admit that the taxing power is resorted to for no 
other purpose than that of taking legislative jurisdiction of a 
subject over which the Constitution has granted to Congi-ess no 
power v.'hatever. 

The bill proposes to suppress, by Congressional enactment, a 
character of business carried on "by the people of the sever.il 
States with each other, and generally between citizens of th ■ 
same State — a business which is lawful under the laws of the 
several States where it is carried on. 

The excuse offered for this prostitution of the taxing power 
is, that gambling or betting, in the form of a contract for the 
sale of certain articles at a named price, to bo delivered on a 
named future day, where the seller does not intend to delivci', 
and the buyer does not intend to receive and pay for the article-, 
but where the parties intend to settle on the day named for de- 
livery, at the difference between the market price of that day 
and the price named in the contract. 

Such contracts are denounced as injurious to the producer of 
the article which is the subject of the contract, and immoral 
because it is a system of gambling. 

Mr. President, I am by no means certain that this form of deal- 
ing depresses prices or injures the producer of the article. For 
there are in these transactions as many buyers as sellers, as 
many bulls as bears, and, if the influence of the bull and the 
bear are equal, the market price is not affected. 

But I admit that such contracts constitute a system of gam- 
bling, and as immoral and vicious as any other form of gambling, 
and for that reason, and the additional reason that I should be 
glad to gratify the wishes of the producers of the country at all 
times and in every way consistent with my official duties, I 
would cheerfully aid, to the extent of my constitutional power, 
in suppressing these mere betting contracts, while I would pro- 
tect the right of every actual producer, or dealer to soil for future 
delivery. 

Mr. President, these are transactions within the several 
States, between the people of the several States, and generally 
between the people of the same State. They are, under the 
Constitution, exclusively within the reserved powers of the 
States. 

Each State has the absolute and exclusive power to prohibit 
this character of dealing if it chooses to do so. But it Congress 
can, by a palpable and admitted fraud upon the Constitution, by 
prostituting the taxing power to this wholly illegitimate pur- 
pose, take legislative jurisdiction of this matter, there is not 
a single reserved right of the States that Congress may not in- 
vade and usurp in the same manner. 

There is not a business in the States lawful under State laws, 
not a crime or misdemeanor jjunished by State laws, that Con- 
gress may not take jurisdiction of and control according to its 
own sweet will. 

Mr. President, establish the principle upon which this bUl 
rests and home rule, local .'■elf-government, and the last vestige 
of the reserved rights of the .States are gone. Congress has but 
to resort to the taxing power to take jurisdiction of any or all 
legislative subjects, local and domestic, as well as national. 

Our Revolutionary fathers who framed the Constitution, recog- 
nizing the fact that we were thirteen independent States or na- 
tionalities, independent of each other, as of all the balance of the 
world, and recognizing that we had many interests in common, 
and were sufflciently homogeneous to make common cause against 
all other nationalities, undertook to create a Federal agency, 
called the Government of the United States, and to delegate to 
it certain specific and limited powers, and charge it with the 
performance of certain specific duties, purely national and inter- 



1893. 



CONGllESSIONAL RECORD— SENATE. 



991 



state in their charactei", but carefully withheld from it all pow- 
ers incident or necessary to local self-government and home rule, 
and from motives of extreme caution they incorporated the pro- 
vision that ■' the powers not delegated to the United States by 
til ■ Constitution nor prohibited by it to the States are reserved 
to the States respectively or to the people." 

Tliese fathers of ours never for one moment imagined when 
til y granted the taxing power to Congress (absolutely neces- 
sary as the only moans of paying the expenses of the Federal 
Government) that they were opening a door through which Con- 
gress could grasp and control all questions of State policy. But 
some of the statesmen of this period have decided that they did. 
I want to preserve to each State the right to control its own do- 
mestic affairs. 

I am radically and earnestly opposed to compelling Maine to 
consult Louisiana or Tennessee as to what her local or domestic 
institutions shall bo or how the business of her citizens shall bo 
regulated. She can regulate these matters in a manner more 
conducive to the prosperity and happiness of hor people than 
other States can do for her. And I am sure that neither Louis- 
iana nor Tennessee desire to consult Maino or any other State 
as to what their local and domestic institutions shall be. 

Mr. President, in my opinion, the greatest of all the dangers 
which threaten our constitutional form of government, is found 
in the increasing tendency of Congress to usurp the powers of 
the States, and in the increasing tendency of the people to ap- 
peal to Congress for relief from every real or imaginary evil 
that they encounter. 
This leads inevitably to paternalism and centralization. 
It I'evolutionizes the constitutional theory of our Government, 
and usurps the last vestage of the rights of the States to control 
their own domestic affairs. 

This bill is, in my opinion, the longest and most fatal step 
ever presented to either House of Congress, in the history of 
the Government, in its tendencies to centralization and pater- 
nalism, and the utter destruction of the reserved rights of the 
States, to regulate their own affairs in their own way. And for 
that reason I shall vote against it, in any form that it can be put, 
because it is a matter purely and exclusively within the juris- 
diction of the several States, and not within the constitutional 
jurisdiction of Congress, and while I occupy a seat in this Isody 
I will never give a vote which will deprive the States and the 
people of the right to control their own local and domestic af- 
fairs in theu- own way. 

They have that right under the Constitution. Let' them ex- 
ercise it in their respective State Legislatures, and not seek to 
revolutionize the constitutional theory of the Government by 
asking Congress to do what Congress has no constitutional power 
to do. 

Mr. Pr^'sident. I have great sympathy with those who petition 
for the passage of this bill. Yet, I am satisfied that they greatly 
overestimate the benefits to them, if benefits at all would result 
frora its passage, and I vote against it upon the ground that Con- 
gress has no power to deal v/ith the question, and that this 
attempt to prostitute the taxing power as a means of taking juris- 
diction of a matter that the Constitution has given Congress no 
jurisdiction whatever over deserves rebuke. 

Mr. BERRY. Mr. President, I had hoped that some measure 
might be framed which Congress could pass which would, with- 
out violating the Constitution, directly and effectually forever 
prohibit dealing in futures or the system of futures as defined in 
this bill. While I have great and serious doubts as to the con- 
stitutionality of the amendment of the Senator from Mississippi 
[Mr. George], I felt willing to defer to his superior judgment 
upon that question. If that amendment had been adopted I 
should have voted tor the bill. A majority of tho Senate, how- 
ever, has voted down that amendment, and has thereby forced 
those of us who believe as I do cither to vote against the bill as 
it now stands or to vote for a measure which I believe contra- 
dicts and contravenes some of the most vital principles of the 
party to which I belong. 

There are no two principles of the Democratic party which 
have been made more prominent in the past, as I conceive, than 
these, that each State has a right to regulate its own domestic 
affairs, to make its own police regulations in its own way without 
interference by the General Government; and the other is that 
taxation can only be imposed by the Federal Government for the 
purposes of raising revenue. These principles have been de- 
clared in every Democratic platform which has been framed for 
a series of years. At Chicago it was declared by that great 
party— and I fully approve that declaration— that any attempt 
to lay taxes for any purpose except for the purposes of revenue 
was contrary to the Constitution of the United States, and was 
robberv. , , . ., 

Upon that platfprm I have stood. I believe that this evil 



ought to be suppressed, and 1 beliovo that it is a groat evil. I 
have no sympathy whatever with tho speculators who gamble in 
farm products; I beliovo that such gambling has worked inlinite 
damage to tho peopio of the South. Yet, while I beliovo that, I 
believe that a greater evil would come to that people if their 
representatives should strike down the only barrier which pro- 
tects them from Federal interference in thoir local affairs. If 
we violate the principles of the party in this most vital form. I 
can notseo upon what basis the party is hereafter to stand. 

Much as I should like tovoto for this measure, glad as I should 
bo to comply with the wishes of many of the pi.oplc of my Stale 
who have been always my warmest and most devoted friends, yet 
I can not and will not give my vote for a measure which imposes 
taxation, but which the Senator in charge of tho bill has staled 
is not expected to and it is knov.-n that it will not produce one 
dollar of revenue. I shall therefore vole against tho bill. 

Mr. BATE. Mr. President, I did not intend to enter into this 
debate, but having just voted for the defeated enhstituto, and 
being opposed to the bill in its present form, 1 desire to say that 
there exists all over the country, and in all classes of business, a 
widespread and very intense public sentiment against dealings 
in "options"' and "futures" will not bo denied. Whether tlio.so 
practices are the real causes of the evils laid at their door may 
be debatable, but no one can question the existence of a very 
great public apprehension that those dealings are tho causes 
which produce the variable and irregular markets which so often 
embarrass all business transactions. 

There exists also a very wide difference of opinion among; busi- 
ness men as to the policy and efficacy of any attempt to cort- 
trol the course of private business by legislative enactments; 
and if laws are to 1«3 enacted to correct these evils, a difference 
of opinion exists as to whether those laws should emanate from 
the Congress or from the States. My own views most decidedly 
favor State legislation, and that conviction would bo imaltcra- 
ble l)ut for tho fact that effective legislation can come only from 
a general concurrence in legislative restriction by all tho States. 
This seems to be impossible, and so long as New York, Illi- 
nois, and certain other States not only refuse legislation, but 
by nonaction encourage and promote these dealings, these evils 
can not be prevented by the legislation of other States. The 
offenders against sound business principles, the gamblers in ag- 
ricultural products, continue theirtran.sactions, protected by the 
States where they ai-e located, while the reflex action of their 
misdoings brings ruin and sacrifice to tho farmers in other 
States. 

The restraint of these dealings in " options " and " futures 
becomes a question of public policy, which for need of State 
legislation must be- effected by Congress, or these evils will con- 
tinue to bring loss and ruin' upon the agricultural interests. 
Whenever the measures of restraint can be brought within Con- 
stitutional limits I shall be ready to support measures for their 
suppression, and give expression, as far as lies in my power, to 
tho voice that comes up to me from many of the be-t and most 
experienced business men in Temicssce. 

Hut I can not give my vote to a bill which resorts to the tax- 
ing power of tho Constitution, not to raise revenue, but for the 
accomplishment of a purpose however commendable, which is 
not contemplated bv the taxing power of the Constitution. I 
conceive, Mr. President, that tho functions of that clause of 
the Constitution which authorizes tho raising of revenue should 
1)o brought in play only to raise revenue when needed for Gov- 
ernment purposes, and not merely to give jurisdiction t<i Con- 
gress to enact laws— the real object of v;hich laws is foreign to 
the raising of revenue. 

It can not be successfully contended that the real purport and 
object of this bill is to raise revenue that is needed for Govern- 
ment purposes. To the contrary, the revenue clause is merely 
tho tail to the kite. Such is a fraud upon tho Constitution, and 
a prostitution of tho taxing power of that instrument. Such 
legislation opens tho door to making constitutional any bill for 
any purpose, by attaching to it a revenue clause. Such legisla- 
tion is vicious, and leads to trouble. Therefore, Mr. President, 
I can see no good reason for violating both tho text and tho 
spirit of the Constitution, when there exists a full and complete 
power in the Constitution under which restraining legislation 
can bo adopted and made effectual. _ 

The power of Congress over commerce is unlimited m scope 
and unrestricted in measures: it is reposed by the Constitution 
in the wise discretion of Congress, to be used in such manner and 
for such objects and purposesas Congress may dot.-rmine to iK-lK'st 
and most appropriate te promote the general welfare of the wlujle 
people. The amendment or substitute offered by the Senator 
from Mississippi [Mr. George], which has just been voted down 
and for which I voted, in my opinion furnished the true consti- 
tutional remedy for this evil, responds to tho demands of tuo 



992 



CONGEESSIONAL RECORD— SENATE. 



Jaj^uaey 31, 



1 



public outcry, and in a constitutional manner declares " optionis " 
and " futures" to bo " obstructions to and restraints upon com- 
morco among the States." , ,^ , ,< , ^. „ •, 

Congress is fully empowered to make that regulation,' and 
in the'exerclse of "its power over commerce Consrress is author- 
ized to declare such deals to be " null and void," and to punish 
parties convicted of dealings therein. I can not discover either 
the wisdom or the morality of licensing this evil and throwing 
around sui>h gambling transactions the panoply and protection 
of law, provided the taxes are paid. The Treasury of the United 
• States does not need taxes raised by " options " and '• futures," 
if those dealings a'.'e destructive of the agricultural interest, and 
if those taxes when paid are not to raise revenue, then they arc 
in violation of the revenue power of the Constitution. 

For that I can not vote, but I favor the amendment or substi- 
tute of the Senator from Mississippi [Mr. George], because it 
brings the restraining pmvisions of law vrithin the power of 
Congress to regulate commerce, and legislates upon a great evil 
in a'constitutional and orderly manner— and in my opinion, in 
the most effective way— for it substitutes punishment for the 
unconstitutional tax resorted to in the Hatch bill, merely to give 
jurisdiction to Con^Tess over the subject-matter. 

Mr. VANCE. Mr. President, insomuch as I voted for the sub- 
stitute proposed by the Senator from Mississippi [Mr. George] 
and shall vote against the bill, I ask the indulgence of the Sen- 
ate tor a few minutes to explain briefly my reasons for so doing.- 
There is a public sentiment in my State, which is chiefly an 
agricultural State, that the dealings in futures and options, as 
they are called, constitute an evil, a restraint upon an 1 an injury 
to commerce between the States. 

Whether that be true or not, I .shall not of course at this late 
hour undertake to say: but in deference to that sentiment, I do- 
termin d that I should vote for any bill which would restrain or 
correct this evil which I thought to be in conformity with th3 
Constitution of my country. 1 believe that the substitute of the 
Senator from Mississippi was such a measure, though I confess 
I was not free from doubt oven about that. 

There can be no doubt, however, Mr. President, it seems to me, 
that the perversion of the taxing power of the Government to any 
piu'pose except that of raising revenue to support the Govern- 
ment is a violation of the Constitution, palpable and unmistak- 
aVile, and it is all the worse and all the meaner in this case, be- 
cause this bill is so framed as to prevent the decisionot the Su- 
premo Court in regard to it being based upon the taxing power, 
whereas the substitute of the Senator from Mississippi was ba,sod 
fairly and squarely upon the commerce clause of the Constitution, 
and was in the exercise of therightof Congress to regulate com- 
merce between the States. 

Therefore it could have been speedily and easily determined, 
if necessary, by the SuisremeCourtof the United States, whether 
or not the power existed in Congress under the Constitution to 
pass this legislation; but this attempt to supi)ress an evil by the 
use of the taxing power is cowardly, mean, false, fraudulent, and 
felonious, and I shall not vote for it. It constitutes a greater 
cT'ime against the Constitution of our country than do all the 
d 'ings of all the boards of all the cotton and wheat exchanges in 
America constitute an offense against the commerce of the coun- 
try. I shall not assist in the perpetration of a crime in order to 
redress an evil in commerce, oven if that evil were well estab- 
lished. 

For those reasons I voted for the substitute of the Senator from 
Mississippi and shall vote against what is called the Hatch bill. 
Altliough I have no doubt it will pass this body, no gaunt specter 
of the future can .rhake its gory locks at me and say, " Thou didst 
it." [Laughter.] 

Mr. CALL. Mr. President, I will ask the indulgence of the 
Senate for just five minutes. 

I propose to vote for this bill. I do it not because I prefer it, 
not because I should not prefer a different bill, but because the 
taxing power has been used to the extent of confiscation from 
the very first year of this Government imtil to-day. Congress 
has discriminated in the exercise of the taxing power in this 
country for objects other than that of raising revenue; and to- 
day the revenue laws of this country, even within the limits of 
a revenue tariff, have been imposed for other objects than the 
simple one of obtaining revenue. 

It is known to every one that there is a penalty attached in 
the exercise of the taxing power to every tax law, and that the 
penalty is a part of the taxing power, and as much a part of it as 
the tax actually levied, and that the taxing power therefore, in 
the imposition of every penalty, is exercised to the point of de- 
- stroying property and for objects other than the simple one of 
raising revenue. 

There is no difference in the powers of the Constitution con- 
sidered as powers; there is no argument which can be made of 
that kind. A power to do one thing and a power to do another. 



a power to perform one fur.ction and a power to perform another, 
as a power is precisely the same and must be governed by the 
same law. 

If, under the exertion of the power to regulate commerce, you 
can destroy an obstruction to commerce for the purpose of reg- 
ulating commerce, then, under the taxing power, you can exer- 
cise that power for some other object than the direct object of 
raising taxes. All powers have an incidental effect, but to say 
that you can not discriminate in the exercise of them is toallirm 
an untenable proposition. 

It is certainly true that to-day the taxing power is exercised 
in matters of revenue to the point of destroying property as a 
penalty for the enforcement of the law, and in my own State, 
when I was there recently at the port of Tampa, there was a 
large quantity of goods taken under the taxing power, the reve- 
nue power, being destroyed under the law, and it is a constant 
feature of the exercise of the taxing power. 

Therefore, while as a matter of policy it might be preferred 
that this bill should be in some other shape, as a matter of argu- 
ment there is in my judgment no ground for the assertion that 
it has not been the constant practice of the Government, and is 
to-day the practice, to exei-ciso the taxing power to the extent 
of the destruction of property, and for objects other than that 
of raising revenue. The oleomargarine law and the interstate- 
commerce law are both instances of this kind, and so are all the 
revenue laws. 

Mr. BUTLER. Mr. President, I am very sorry that i shall 
not be able to join my friend from Florida [Mr. Call] in the 
view which ho takes of the constitutional power of Congress in 
regard to taxation, and if what he says is correct I think we 
ha've about reached that period of the history of this country 
when it should be checked and a halt called in the exercise of 
the powers to which he referred. 

I, however, do not agree with the Senator in the version which 
he gives of the exorcise of the taxing power to which he has 
just x-eferred. Be that as it may, I can not consent, with my 
view of the constitutional power of Congress, to vote for a bill 
which in my judgment is a clear, open, and undisguised abuse 
of that power. 

I voted for the amendment of the Senator "from Mississippi 
[Mr. George] because I felt profoundly anxious, as no doubt has 
every Senator upon this floor, to find some remedy within the 
power of Congress to correct abuses which unquestionably exist. 
I voted for that amendment, however, with some misgivings as 
to the power of Congress to confer jurisdiction upon the Federal 
courts under it. 

I yielded my doubts, however, in deference to the opinion of 
the Senator from Mississippi [Mr. George], the Senator from 
Texas [Mr. Coke], and the Senator fcom Alabama [Mr. Pugh], 
members of the Judiciary Committee, having great confidence 
in their judgment and in their professional skill, ability, and 
experience. But, sir, when I voted for that amendment I went 
to the full extent of providing remedial measures for the evils 
of wliich complaint is justly made. I can not, however, with my 
views of the Constitution, vote for a measure which uses the 
taxing power to destroy a business within the limits of the 
States. 

I do not hold that Congress may do whatever it pleases; I do 
not hold that Congress may do what a very large number of the 
people of the United States wish shall be done. This is not a 
body of unlimited power. It must legislate, if it legislate hon- 
estly, in accordance with the limitations imposed upon its powers 
by a written constitution. 

Entertaining these views, I say with regret, Mr. President, 
that I shall be compelled to vol<3 against the bill now that the 
amendment of the Senator from Mississippi, for which I voted, 
has been defeated. 

Mr. VEST. Mr. President, I have no arguments to make 
against this bill in addition to those I have already presented to 
the Senate; but on the 24th of this month the house of repre- 
s 'utatives of the General- Assembly of Missouri instructed the 
Senators from that State, by a vote of 110 to 13, to support this 
bill. I have the greatest respect for that feature of our Govern- 
ment which makes the public servant a representative of the in- 
telligent opinion of his constituent.^, but there is a limit to the 
righ't of instruction, and no Legislature can make me violate the 
Constitution of my country which I have swora to support. No 
General Assembly has the right to make rue commit perjury and 
trample upon mv own judgment and conscience. 

It may be that this expression of opinion by the house of rep- 
resentatives of the General Assembly of Missouri is the deliber- 
ate and fixed sentiment of an immense majority of my constitu- 
ents. If so, I shall bow to the inevitable result and accept their 
arbitrament and action with pleasure. Much as I appreciate the 
honor they have done me, much as I am attached to the personal 
associations which so long have surrounded me here, there is, 



1893. 



CONGRESSIONAL RECORD— SENATE. 



993 



Mr. President, sunshine in other places besides Washington City, 
and tliG air of tlie prairies is purer than that in this Chamber. I 
prefer my own self-respect to personal or political applause, and 

1 shall, therefore, with the greatest pleasure imaginable, vote 
against this bill. [Laughter.] 

The VICE-PRESIDENT. The hour of 4 o'clock having ar- 
rived 

Mr. PEFFER. I am in receipt of a concurrent resolution passed 
by the Legislature of the State of Kansas 

Mr. HOAR. Is debate in order, Mr. President? 

The VICE-PRESIDENT. Debate is not in order. The hour 
of 4 o'clock has arrived, and it is the duty of the Chair to remind 
the Senator that the time agreed upon for the expiration of de- 
bate and taking the vote is at hand. 

Mr. PEFFER. Mr. President, I only desire to make a very 
beief statement. 

Mr. HOAR. I do not object. 

Mr. PEFFER. I wish to state that I am in receipt of a copy 
of aconcurrent resolution passed unanimously bj' the Legislature 
of Kansas in support of the pending bill. 

The VICE-PRESIDENT. The Senator can only proceed by 
unanimous consent. 

Mr. PEFFER. That is all I desire to sav. 

The VICE-PRESIDENT. The question'is on the bill. 

Mr. MILLS. I rise to a parliamentary inquiry. I wish to 
know if it is now in order to olTer amendments':' 

The VICE-PRESIDNT. The bill is before the Senate as in 
Committee of the Whole, and is open to amendment. 

Mr. MILLS. Then I offer an amendment, to add as an -addi- 
tional section, what I send to the desk. It is to be inserted l^e- 
fore the section prescribing when the bill shall take effect. 

The VICE-PRESIDENT. The amendment will bo stated. 

The Chief Clerk. It is proposed to insert, after section 14, 
the following as a new section: 

Sec. — . That all railroal corporations, associations, or companies en- 
gaged in interstate commerce stiaU, within six months after the passape of 
this act. profile at all stations established or that m.iy be established on 
their roads, side-track facilities for all persons or parties to erect and main- 
tain private' elevators or warehouses, of a capacity of not less than 5,000 
bushels each, for the storage of grain while waitiut< shipment on such lines 
of railroad, and to permit such elev.itors and warehouses to bo erected, 
maintained, controlled, and operated by any person or corporation desiring 
to erect, maintain, control, and operate the same for said persons. And it 
is hereby made the duty of said railroad companies to receive and carryover 
their lines all grain offered for shipment to and from such private elevators 
and warehouses, and they shall receive lu their cars and carry over their 
lines of railroad all grain offered in car-load lots at such stations without 
previous stor.age. and shall transport the same at the same rates charged for 
transporting grain for elevator and miller companies. And every railroad 
company that shall fall or refuse to comply with the provisions of this sec- 
tion shall be guilty of a misdemeanor, and on conviction shall be fined the 
sum of 810,000 tor each offense. 

Mr. BERRY. I wish to make a parliamentary inquiry. The 
original agreement was to take the vote on the amendment of 
the Senator from Mississippi [Mr. George] at 1 o'clock, and on 
the bill and other amendments at 2 o'clock. By unanimous con- 
sent the time was extended until 3 and 4 o'clock instead of 1 and 

2 o'clock. Thereafter, while the Senator from Delaware [Mr. 
HiGGlNS] was speaking, I understood the Senator from Ohio 
[Mr. Sherman] to ask that the time be extended fifteen minutes 
further. I think under that an angement the Senator from Kan- 
sas [Mr. Peffer] ought to have an opportunity to make his re- 
marks any time before fifteen minutes to 4 o'clock. 

Mr. HOAR. I understood the Senator from Kansas to have 
said all he desired to say. I waived my objection. 

Mr. BERRY. I understood that the Senator from Kansas had 
been cut off in the remarks he desired to submit. 

Mr. HOAR. Oh, no; I waived my objection to the Senator 
from Kansas speaking. 

Mr. PEFFER. I only asked permission to state the fact, 
which I did state, that I was in possession of a concurrent reso- 
lution of the Legislature of Kansas asking for the passage of 
this bill. I did not intend to say anything further. 

The VICE-PRESIDENT. The question is on the amendment 
of the Senator from Texas [Mr. Mills], which has just been 
read. [Putting the question.] The noes seem to prevail. 

Mr. MILLS. I ask for the yeas and nays. 

The yeas and nays were ordered, and the Secretary proceeded 
to call the roll. 

Mr. BATE (when his name was called). I am paired with the 
Senator from Washington [Mr. Allen]. If he were present I 
should vote for the amL-ndcnent. I do not know how he would 
vote. 

Mr CARLISLE (when his name was called) I am paired 
with the Senator from Nebraska [Mr. Paddockj. 

Mr. GORDON (when Mr. Colquitt's name was called). My 
colleague [Mr. Colquitt] is paired with the Senator from Ohio 
[Mr. Brice]. 

Mr. FAULKNER (when his name was called). I am gener- 
ally paired with the Senator from Pennsylvania [Mr. Quay]. I 



do not know how ho would vote on this amendment, and there- 
fore withhold my vote. 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. DOLPHl. 

Mr. GORDON (when his name was called). I am paired with 
the Senator from Wyoming [Mr. W.MiKENj. I do not know how 
he would vote on this bill, and I therefore withhold my vote. 

Mr. HAN.SI3ROUGH when his name was called). lampaired 
with the Senator from Montana [Mr. Sanuers]. I do not know 
how he would vote on this question. Were he prosont, I should 
vote " nay." 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey]. It he were pres- 
ent, I should vote ''yea." 

Mr. PETTIGREW (when his name was called). I am paired 
with the Senator from West Virginia |.\ir. i'amde>j1. I wish to 
transfer my pair to the Senator from California [.Mr. St.snford]. 
If the Senator from California were here he would vote for this 
amendment. I vote " nay.'' 

The roll call was concluded. 

Mr. GORDON. ,1 understand that the pair I had with the 
Senator from Wyoming [Mr. Warren] is relieved by his l>oing 
paired rtlth another Senatiir. [ vote " yea." 

Mr. HOAR. I desire to say that I have not voted upon this 
amendment, becausj in the haste it was offered and reail lieforo 
the .Senate I was unable to understand it. 

Mr. VANCE (after having voted in the allirmative . I voted 
under a misapprehension. I am paired with the Senator from 
Wyoming [Mr. Warren] and withdraw my vote. 

The result was announced— yeas 21, nays 4G; as follows: 
yeas— Jl 

McPherson, 
Mills. 
Power, 
Push, 
Ransom, 
Vest, 
NAYS-46. 



Herry, 




Gordon, 


Butler, 




Grav, 


Call, 




Harris, 


Coke, 


^ 


Hunton, 


Daniel, 


X 


Jones, Ark 


Gibson, 


<x> 

-a 


Kyle, 


Allison, 


c 


Dubois, 


Hlackburn, 




Felton, 


liloilgett, 


03 
<U 
C/3 


Frye, 


Catfery, 


Gallinger, 


Cameron, 


Gorman, 



Vilas. 

Walthall, 

White. 



Carey, ,*_, Hale, 

Chandler, o Hawley, 

Cockrell, 03 HIggins, 

CuUom, -zr> Hill, 

Da\is. "^ Hiscoclt, 

Dawes, ^ Irby, 

Dixon, '" McMillan, 



Manderson, 

Mitchell, 

Morgan, 

Morrill. 

Palmer. 

Petler, 

Perkins. 

Pettlgrew, 

Piatt, 

Proctor, 

Sawyer, 

Sherman, 



Shoup, 

Squire, 

Stewart, 

Slocklirldgo, 

Teller, 

Turple. 

Voorhees, 

Washburn, 

Wilson. 

Wolcolt. 



^ NOT VOTING-21. 

Aldrlch, 1, Casey. Hoar. Stanford, 

Allen, ^^ Colquitt, Jones. Nev. Vance, 

Hate, Dolph. Paddock, Warren. 

IJrice. Faulkner, Pasco, 

Camden, George, Quay, 

Carlisle, liausbrough. Sanders, 

So the amendment was rejected. 

Mr. POWER. I offer an amendment, which I send to the desk. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. It is proposed to add to section 5 the fol- 
lowing: 

And all silver bullion purcha.sed by or for the United States shall bo de- 
livered and payment male therefor on the day of the purchase or the n^-xt 
day thereafter. 

Tho VICE-PRESIDENT. The question is on the amendment. 

The amendment was rejected. 

Mr. MILLS. I offer another amendment, which I send to tho 

The VICE-PRESIDENT. The amendment will be stated. 
The Chief Clerk. It is proposed, after section 14, to insert a 
new section, as follows: 

Sec. 15. Any person, corporation, or company who shall enter Into any 
combination or agreement to !lx the price at which grain shall be bought 
or sold in any market in the United States or to prevent comiictltlon In the 
sale and purchase of grain or cotton, or other agricultural protluct In any 
market in the United States, shall be guilty of a misdemeanor, and •■u con- 
viction shall be lined the sum of $10,000 for each offense .so commltte.l. 

Mr. BUTLER. I move to insert after tho word "grain," 
where it appears in the amendment, the words "or cotton." 

Mr. MILLS. I accept that amendment. 

Mr. HARRIS. I move to add after the words " orcotton " the 
words "or other agricultural product.'' 

Mr. MILLS. I accept that also. Mr. President. 

The VICE-1'RESIDENT. The amendment as proposed to he 
amended by tho Senator from Tennessee will be stated. 

Tho Chief Clerk read as follows: 

Any person, corpor.ation, or comp.any who shall enter Into a: 
tlon or agreement to ilx the price at which grain or cotton or c 
tural product shall bo bought In any market In the United Stai' 
vent competition in tho sale and purcha,se of grain or cotton c 
cultural product in any market in tho Unlt<'a States, , shall !■ 
misdemeanor, and, on conviction, shall be lined the sum of ll'i 
offense so committed. 



XilV- 



-03 



994 



CONGllEBSIONAL RECORD— SENATE. 



i)A2^"UAEY 31, 



Tho VICE-PRESIDENT. The question is on the amendment 
as modiried. 

Mr. BUTLER. I call for the yeas and nays on tho amend- 
ment. 

The yeas and nays were ordered, and the Secretary proceeded 

to call the roll. 

ISlr. WA.SHBURN (when the name of Mr. Aldeich was 
called). I desire to announce the pair of the Senator from Rhode 
Island [Mr. Aldrich] with the Senator from Pennsylvania [Mr. 

Mr."'blXON. When my colleague [Mr. Aldrich] left the 
Chamber he informed me that he was paired with the Senator 
from Vermont [Mr. Proctor]. 

Mr. WASHBURN. I understood from the Senator from 
Rhode Island that that pair had been transferred. 

Mr. DIXON. I did not have any such understanding. 

Mr. BATE {when his name was called). I am paired with the 
Senator from Washington [Mr. Allen]. If ho were present I 
should vote " yea.'' I do not know how he would vote. 

Mr. CARLISLE {when his name was called). I am paired 
with the Senator from Nebraska [Mr. Paddock.] 
, Mr. GEORGE (when bis name was called). I am paired with 
the Senator from Oregon [Mr. Dolph]. 

Mr. H ANSBROUGH (when his name was called). I am paired 
with the Senator from Montana [Mr. Sanders]. I do not know 
how he would vote on this amendment. Were he present I 
should vote " yea." 

Mr. PASCO (when bis name was called.) I again announce 
my pair with the Senator from North Dakota [Mr. CaseyJ. 

Mr. VANCE (when his name was called). 1 reannounce my 
pair with the Senator from Wyoming [Mr. Warren]. If he 
were present I should vote " yea." 

Tho roll call was concluded. 

Mr. PROCTOR. The pair I had with the Senator from Rhode 
Island [Mr. Aldrich] I understand has been transferred to the 
Senator from Pennsylvania [Mr. Quay]. I therefore vote '• nay." 

Mr. DIXON. When my colleague [Mr. Aldrich] left hu in- 
formed me that ho was paired against this bill with the Senator 
from Vermont [Mr. Proctor]. When the announcement was 
made by the Senator from Minnesota [Mr. Washburn] that my 
colleague was paired with the Senator from Pennsylvania [Mr. 
Ou.AY'] I had no information of such a pair, and have had no in- 
formation now of such a pair. The announcement made by the 
Senator from Minnesota I understand to apply to this particular 
vote. 

Tho result was announced— yeas 20, nays 40; as follows: 









YEAS-26. 




Berry, 




CuUom, 


Hiscock, 


Ransom, 


Blackburn. 


Daniel, 


Huuton. 


Vest, 


Biiticr, 


X 

-a 


Frye, 


Jones ot Ark. 


Vilas, 


Ciiffery, 
Call, 


Gallinger, 
Gibson, 


Kyle, 

Mills, 


Walthall, 
White, 


Carey, 


Gorman, 


Pugh, 


Wolcott. 


Coke, 


03 


Harris, 


NAYS— to. 




Allison, 


<13 


Gray, 


Morgan, 


Sherman, 


Blodgott, 


C/5 


Hale, 


Morrill. 


Shoup, 


Cameron 




Hawley, 


Palmer, 


Squire. 


Chandler 


CD 


Higgins, 


Pefler, 


Stewart, 


DavLs, 


Hill." 


Perkins, 


Stockbrldge 


Dlkon, 


Irby, 


Pettigrew, 


Teller, 


Dubois, 


Iq" 


. McMillan, 


Piatt, 


Turpie, 


P.aullniei 


, =3 


McPhersou, 


Power, 


Voorhees, 


Felton, 


<n 


Manderson, 


Proctor, 


Washburn, 


Gordon, 


<_ 


Mitchell, 


Sawyer, 


Wilson. 




o 
U- 


NOT VOTING— 23. 




Aldrich, 


Casey, 


HansbrougU, 


Quay, 


Allen, 




Cockrell, 


Hoar, 


Sanders. 


B.-ite, 




Colcinitt, 


Jones ot Ney. 


Stanford, 


Brice. 




Dawes, 


Paddock, 


Vance, 


Camden, 




Dolph, 


Pasco, 


Warren. 


Carlisle, 




George, 







Senator from Pennsylvania [Mr. Quay'], who has been hereto- 
fore paired with myself. It not, I will observe my pair. 

The VICE-PRESIDENT. The Senator from Rhode Island 
[Mr. Dixon] can answer the question of tho Senator from West 
Virginia. 

Mr. DIXON. I did not hear the question of the Senator from 
West Virginia. 

Mr. FAULKNER. I ask the Senator from Rhodo Island 
whether there has been any transfer of the pair which has ex- 
isted heretofore between the Senator from Pennsylvania [Mr. 
Quay] and myself. If not, of course I wUl observe tho pair.- If 
there has bsen a transfer I will vote. 

Mr. DIXON. I do not know of any transfer. All the informa- 
tion I have is that received this morning from my colleague [Mr. 
Aldrich], requesting me to announce the pair existing between 
him and tho Senator from Vermont [Mr. Proctor]. 

Mr. PROCTOR. When the pair was made with the Senator 
from Rhode Island [Mr. Aldrich] the matter of transter was 
mentioned, and in accordance with what I understood, I traus- 
ferred the pair to the Senator from Pennsylvania [Mr. Quay']. 

Mr. SHERMAN. Then the Senator from West Virg^inia has 
a right to vote. 

Mr. FAULKNER. I should like to know whether that is sat- 
isfactory to the colleague of the Senator from Rhode Island. If 
so, I shall vote. 

Mr. DIXON. I understood that the arrangement between my 
colleague and the Senator from Vermont [Mr. Proctor] was 
simply on the passage ot the bill. Wo have not reached that 
point -yet. 

Mr. FAULKNER. Then on this question, as there seems to 
be some doubt, I will withhold my vote. 

Mr. PASCO (when his name was called). I again announce 
my pair with the Senator from North Dakota [Mr. Casey]. If 
he were present I should vote "nay." 

Mr. VANCE (when his name was called). I announce my pair 
with the Senator from Wyoming [Mr. Warren]. If he were 
l)resent I should vote " yea." 

The roll call having been concluded, the result was announced— 
yeas 21, nays 44; as follows: 

Y'EAS— 21. 






So the amendment was rejected. 

Mr. POWER. I wish to move an amendment. In section 3, 
line 4, after the word " bacon," I move to insert the words "and 
silver bullion;" so as to make the section read: 

That the articles to which the foregoing sections relate are ra^v or itn- 
manutactured cotton, hops, wheat, corn, flour, oats, rye, b.arley, pork, lard, 
and bacon, and silver bullion. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendmentsubmitted by the Senator from Montana [Mr.PoWER]. 

Mr. POWER. On that I call for the yeas and nays. 

The yeas and nays were ordered; and the Secretary proceeded 
to call the roll. 

Mr. BATE (when his name was called). On this question I 
am paired with the Senator from Washington [Mr. Allen]. I 
do not know how he would vote. I should vote yea if ho were 
here. 

Mr. FAULKNER (when his name was called). I desire lo un- 
derstand whether there has been any transfer of the pair of the 



Carey. 




Hansbrough, 


Power, 


Washburn, 


Chandler, 




Jones ol Ark. 


Sawyer, 


White, 


Daniel, 




Mills, 


Shoup, 


Wolcott. 


Dawes, 




Mitchell, 


Squire, 




Dolph, 




P.almer, 


Stewart, 




Dubois, 


X 

-a 


Pettlgrew, 


Teller, 
NAY'S— 44. 




Allison, 


c 


Dixon. 


Hill, 


Proctor, 


Berry. 


-^~ 


Feltou. 


Irbv, 


Pugh, 


Blackburn 


, 0) 


Frye. 


Kyle, 


Ransom, 


Bludgett, 


03 


Gallinger, 


McMillan, 


Sherman, 


Butler, 


t/i 


Gordon, 


McPherson, 


Stockbridge 


Cafiery, 




Gorman, 


Mandersou, 


Turpie, 


Call, 


•*m^ 


Gray, 


Morgan, 


Vest. 


Cameron, 


O 


Hale, 


Morrill, 


Vilas, 


Cockrell, 


03 


Harris, 


Pefter, 


Voorhees, 


CuUom, 


Iq" 


Hawley, 


Perkins, 


Walthall, 


Davis. 


=J 


Higgins, 


Piatt, 


Wilson. 




CO 


NOT VOTING— 23. 




Aldrich, 


o 


C.^sey, 


Hiscock, 


Quay, 


Allen. 


iZ 


Coke, 


Hoar, 


Sanders, 


Bate, 


Colquitt, 


Hunton, 


Stanford, 


Brlce, 




Faulkner, 


Jones of Nev. 


Vance, 


Camden, 




George, 


Paddock, 


Warren. 


Carlisle, 




Gib,5on, 


Pasco, 





So the amendment was rejected. 

Mr. WOLCOTT. I move to add at the end of section 3: 

And petroleum, or any of the products of petroleum, or certificates repre- 
senting the same, and dealt in on the exchanges of the United States; also 
high wines, spirits, and w-hlskles. 

The VICE-PRESIDENT. The question is on agreeing to the 
a-iuendment submitted by the Senator from Colorado [Mr. Wol- 
cott]. 

The amendment was rejected. 

Tho bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

Tho amendment was ordered to he engrossed, and the bill to 
be read a third time. 

The bill was read the third time. 

The VICE-PRESIDENT. The question is, Shall the bill pass? 

Mr. WHITE. On that I call for the yeas and nays. 

The yeas and nays were ordered, and the Secretary proceeded 
to call the roll. 

Mr. DIXON (when Mr. Aldeich's name was called). Upon 
this question my colleague [Mr. Aldrich] is paired with the 
Senator from Vermont [Mr. Proctor]. If my colleague wcro 
present, he would vote " nay." 

Mr. BATE (when his name was called). I am paired with the 
Senator from Washington [Mr. Allen]. I do not know how he 



1893. 



CONGRESSIONAL RECORD— SENATE. 



995 



would vote, but I uudovstand he would vote for the bill. If lie 
■were here, 1 should vote ''nay." 

Jlr. BLACKBUllN (when Mr. Carlisle's name was called). 
Mv eoUeag-ue [Mr. Carlisle] is paired with the junior Senator 
from Nebraska [Mr. Paddock]. I do not know how the Senator 
from Nebra.ska would vote, if present. If my colleague were 
present, he would vote "uay." 

Mr. GORDON (when :Mr. Colquitt's name was called). My 
colleague [Mr. Colquitt] is paired with the Senator from Ohio 
[I\Ir. Brice]. Were my colleague present and relieved of the 
pair ho would vote "yea." 

Mr. FAULKNER ( when his name was called ). I desire to know 
whether there has been any transfer of the pair between the 
Senator from Pennsylvania [Mr. Quay] and myself. 

The VICE-PRESIDENT. The Chair will state that the junior 
Senator from Rhode Island [Mr. Dixon] has announced that his 
colleague [Mr. Aldrich] is paired with the Senator from Ver- 
mont [Mr. Proctor]. 

Mr. PROCTOR. I wish to state that pair has baen transferred 
to thQ Senator fi-om Pennsylvania [Mr. Quay]. 

Mr. FAULKNER. I recognize the right where two Senators 
arc paired and both would vote the same way to have a transfer 
made on the floor of the Senate under the rules and regulations 
which govern the question of pairs. Under the circumstances 
I vote "yea." 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. Dolph]. 

Mr. HANSBROUGH (when his name was called). I again 
announce my pair with the Senator from Montana [Mr. San- 
ders]. I transfer my pair to the Senator from Nevada [Mr. 
Jones], and vote "yea." 

Mr. PASCO (when his name was called). I again announce 
my pair witli the Senator from North Dakota [Mr. Casey]. If 
he were present I should vote " nay." 

j\Ir. CAMERON (when Mr. Quay's name v.'as called). If my 
colleague [Mx\ Quay] were present he would vote "yea." 

Mr. VANCE (when his name was called). I announce my pair 
with the Senator from Wyoming [Mr. Warren]. If he were 
present he would vote "yea," I am informed, and I should vote 
"nay." 

The roll call was concluded. 

Mr. MANDERSON. My coUeasfuo [Mr. Paddock] is paired 
with the Senator from Kentucky [Mr. Carlisle]. The pair has 
been announced, but I desire to state that my colleague, if pres- 
ent, would vote " yea." 

The result was announced — yeas 40, nays 29, as follows: 









YEAS— 40. 




Allison, 




Felton, 


Kyle, 


Sherman, 


Blackbiuni, 




Frye, 


McMUlan, 


Shoup, 


Call. 




Gallinger, 


Mandersou, 


Squire, 


Carey, 




Gordon, 


Mitchell, 


Stockbridge 


Chandler, 


.-.N 


Hale, 


Morgan, 


Teller, 


CocUrell, 


03 


Hansbrougli, 


Morrill, 


Turpie, 


Culloia. 


-a 


Hawley, 


Fetter, 


Voorhees, 


Davis, 


c 


Hlggins, 


Perkins, 


Walthall, 


Dubois, 


■"~ 


Htmton, 


Pottlgrew, 


Washburn, 


Faulkner, 


a> 

CO 


Irby, 


Proctor. 
NAYS-29. 


Wilson. 


Berry, 




Dlson, 


Jones of Ark. 


Stewart, 


BlO'-lsett, 


CJ 


Gibson, 


McPherson, 


Vest, 


Butler, 


<D 


Gorman, 


mils. 


Vllas, 


CaHei-j-, 




Gray, 


Palmer, 


White, 


Caiii'vron, 


lo^ 


Harris, 


Piatt, 


Wolcott, 


Coko. 


3 


Hill, 


Pugh. 




Daniel, 


cr> 


Hiscock, 


Ransom, 




Dawes, 


t_ 


Hoar, 


Sawyer, 






,o 


NOT VOTING— 19. 




Aldricli. 




Carlisle, 


Jones of Nev. 


Sanders, 


AUeu, 




Casey, 


Paddock, 


Stanford, 


Bate, 


, 


Colcitutt, 


Pasco, 


Vance, 


Biice. 




Dolph, 


Power, 


Warren. 


Camden, 




George, 


Quay, 





So the bill was passed. 
" Mr. WASHBURN. I move that the Senate request a confer- 
ence with the House of Representatives on the bill and amend- 
ment. 

Mr. HOAR. Is that motion in order? 

The VICE-PRESIDENT. The Senator from Minnesota 
moves 

Mr. HOAR. Let that motion go over. 

Mr. WASHBURN. Why should it go over? 
order of BUSINESS. 

Mr. DAWES and Mr. SHERMAN addressed the Chair. 

The VICE-PRESIDENT. The Chair is informed that the 
Committee on Appropriations has the right of way. 

Mr. SHERMAN. I hope the Senator from Massachusetts will 
give way to mo. 

The VICE-PRESIDENT. The Chair recognizes the Senator 
from Massachusetts. 



Mr. DAWES. I move tliat the Senate proceed to the con- 
sideration of the bill (H. R. 9923! making appropriations for 
fortilioations, and other works of defense, for the armament 
thereof, for the in-ocuromont of heavy ordnance for trial and 
service, and for other purposes. 
The motion was agreed to. 

Mr. SHERMAN. Recognizing the right of the Senator from 
Massachusetts to call up the appropriation bill w" " " 

sires to do so, I hope he will yield to mo that I uu 
up Senate bill 121S, beinj,' the Niearu;;jua Canal ij;.., 
be the unfinished business. I will not stand in the v 
of the appropriation bill or the business that is still i 

in the morning hour, but I should like to liavo the Nieuruj^ua 
Canal bill taken up so tliat it may bj the uniini.'^hod business. 

^Ir. VEST. What is the purpose of the Senator in having 
that bill taken uj)? 

Mr. SHERMAN. So that it will bo the unfinished business 
after the appropriation bill is concluded. 

Mr. CULLOM, I desire to sny ono word before any agree- 
ment of that kind is made. In view of the fact that ono of the 
honorable Senators belonging to the Committoo on Foreign R.-- 
lations is expected to leave the country very soon, I have stated 
to the chairman of the Committee on Foreign Relations that I 
am willing, so far as I am concerned (having ono or two bills 
here which I think are in order to come up very soon), that the 
bill to which ho refers shall bo taken tip; but I want to say iu ad- 
vance that I am unwilling that it shall be taken up and contiuiiod 
before the Senate more than two days. If the bill can bo con- 
sidered and disposed of in that time I am entirely willing, per- 
sonally, to yield, so that we may have thebonelitof the informa- 
tion and advice of the Senator from Alabama [Mr. Morgan] be- 
fore ho leaves the country. 

• The VICE-PRESIDENT. The question is on the motion of 
the Senator from Ohio. 

Mr. COCKRELL. That requires unanimous consent, does it 
not? 

The VICE-PRESIDENT. Tho Chair understands that tho 
Senator from Ohio makes a motion to procesd to the coasidora- 
tion of Senate bill 121S. 

Mr. SHERMAN. Pending tho appropriation bill, it is my 
right to move to take u]) the Nicartigiui (anal bill. 

Mr. COCKRELL. I hope that motion will not be pressed any 
farther than to extend to the Senator from Alabama [Mr. Mor- 
gan] and the Senator from Maine [Mr. Frye] tho opportunity 
of being heard upon tho bill, and that it then be laid aside and 
tho appropriation bills considered, and also tho bill in charge 
of tho Senator from Connecticut [Mr. Pl.\TT], which ought to 
bo disposed of immediately. 
Mr. CULLOM. And the bills I have in charge. 
Mr. DAWES. Iain pressing the fortirieatioii appropriation 
bill to-night solely for the reason that one of the memlx>rs of the 
subcommittee having it iu charge is obliged to bo absent to- 
morrow. I think itcan be finished to-night. What arrangement 
the Senator from Ohio desires to make I will not interfere with, 
provided I can have the fortification bill disposed of to-night. 
Mr. PLATT. I desire to say but a word. We have now, I 
think, nearly completed the consideration of the bill for the rat- 
ification of tho agreement for the opening of the Cherokee Outr 
let. I believe that bill can be disposed of in a very short time if 
I can get it before tho Senate. 

Mr. SHERMAN. Let that bill be called up in the morning 
hour. 

Mr. PL.\TT. I understand the Senator from Ohio does not 
wish to displace any right which I may pos^^ibly have to secure 
the consideration of the Cherokee Outlet bill. 

Mr. SHERMAN. I hope that bill will be taken up in tho 
morning hour, and it can probably bo disposed of before 2 
o'clock to-morrow. I should like to have the Nicaragua Canal 
bill the unfinished business, for manifest reasons that have al- 
ready been stated, yielding at all times to appropriation bills 
when called up. 

Mr. DAWES. I yield to the Senator from Ohio to bring his 
bill before the Senate, provided it be informally laid aside that 
wo may proceed with the appropriation bill. 

Tho VICE-PRESIDENT. The question is on tho motion of 
tho Senator from Ohio. 

Mr. HARRIS. I wish to suggest to the Senator from Ohio 
that at any moment when any Senator desires that tho bill he 
refers to shall bo taken up in order to submit remark.^ u]>on it, 
especially a Senator who has tobe absent imuiodiately thereafter, 
there can be no question but that tho Senate will give unani- 
mous consent to take it uj) for that purpose. I do not think ho 
ought to seek to displace a bill that has advanced very nearly 
to completion in its consideration by making the Nicaragua 
Canal bill tht unfinished business. 
Mr. PLATT. I have no earthly objection to the Nicaragu* 



996 



CONGRESSIONAL RECORD— SENATE. 



jAifUAEY 31, 



bill being ma;:"Ie the unfinishecl business, if there can be an un- 
derstanding- that when taken up it is to be laid aside to allow the 
measure to be completed the consideration of which has been 
already commenced. 

Mr. HARRIS. If the Senator from Connecticut has rights of 
way he had bettor hold tliem, because it is not probable that ho 
could got unanimous consent of the kind ho suggests. 

Mr. SHERMAN. The Senator from Connecticut can call up 
his bill in the morning hour, I have no doubt, by ^common con- 
sent. I have made this motion not in my own interest, but in 
the interests of others. 

The VICE-PRESIDENT. The question is on agreeing to the 
motion of the Senator from Ohio. 

Mr. WOLCOTT. I desire to make an inquiry. The first 
motion made by the Senator from Ohio was a reijuest that the 
Nicaragua bill be the unlinished business to follow immediately 
upon the appropriation bill which is brought forward by the 
Senator from Massachusetts. Thereupon the Senator from 
Illinois said he would not object provided it would take only 
two days, and the Senator from Missouri said if it meant only 
that there should be twosfjeeches, one by the Senator from Ala- 
bama and the other by the Senator from Maine, he would agree 
to it. 

I understand that if the Nicaragua bill comes up it comes up 
for serious c:>nsideration until it is finished and completed, 
whether it be one day or ten days, that it may be followed by 
such business a j the Senate shall sae fit to follow it with; and 
that during the time it is before the Senats it is up for general 
discussion. If I am misinformed I should be glad if the Chair 
would inform me coi-rectly. 

Mr. SHERMAN. I have already stated that I desire to have 
the bill made the unfinished business, acording to the rule of 
the Senate, that whenever it is desired to call up an appropria- 
tion bill it shall give way, as it ought to give way to it; and that 
every effort will be made to assist the Senator from Connecticut, 
who has charge of another bill, which is of public interest. I 
have no doubt wo can get along harmoniously, but I desire to 
have the Nicaragua bill made the imfinish-d business, so that 
Senators who desire to speak upon it may do so; and I hope in 
a very brief period, as soon as possible, to get a vote on the 
passage of the bill one way or the other. 

The VICE-PRESIDENT. The question is on the motion of 
the Senator from Ohio. The debate proceeds by unanimous con- 
sent. 

Mr. VEST. I have not the slightest disposition to be guilty 
of an act of discourtesy towards any Senator who desires to dis- 
cuss the measure; I utterly disclaim that; but this is an extraor- 
dinary motion. 

Mr. SHERMAN. It is the usual motion. 

Mr. VEST. Of course it is permissible by the rules; but the 
Senator from Ohio, with his long e.xperience, knows that at this 
late day in the session ho should not seek to bring that bill foi-- 
ward when another bill, which is of very great importance to 
a large portion of the people of this country, has been partially 
considered and is now pending— must bo thrust aside in order to 
take up the measure, and when every intelligent man knows 
that there can be no finality in the action of Congress upon it 
during the present session. I do not say that the other measure 
has the right of way, but it has been partially considered, and 
the understanding was that we were to take it up and finish it as 
soon as the antioption bill was disposed of. 

Mr. SHERMAN. What bill does the Senator refer to? 

Mr. VEST. The bill in regard to the Cherokee Strip. 

Mr. SHERMAN. I have already stated that I have no objec- 
tion to having that bill disposed of, and the Senator from Con- 
necticut says he hopes to dispose of it in the morning hour to- 
morrow. 

Mr. VEST. The Senator from Ohio stated that that bill 
might be considered in the morning hour. 

Mr, SHERMAN, I hope so. 

Mr. VEST. It can not be finished in the morning hour. The 
result will be that at the conclusion of the morning hour that 
bill, if unfinished, will go over and the Nicaragua bill will then 
come up as the unfinished business after the appropriation bill 
is out of the way. 

Mr. SHERMAN. If the Nicaragua bill is taken up I do not 
think Senators will have any difficulty in arranging in regard to 
the Cherokee Strip bill. I have no desire to impede that meas- 
ure. That is a bill of public importance: and as to the apjjro- 
priation bills, the rules give them priority, 

Mr, VEST. Mr. President, we might as well be entirely frank 
about the matter. Every hour and every minute remaining of 
this session should be devoted to measures that we believe can 
be jserfected into law by the present Congress. I assert what all 
of us know, I think, that this Nicaragua bill can not become a 
law during this Congress. If the Senate were to pass it, it would 



not become a law. That is an open .secret. But there avi bills 
here which some of us consider of equal or more importcinc; that 
are pressing upon the attention of Congress, and why should we 
not take them up and dispone of them? The result o'f the action 
of the Senator from Ohio will be simply t J delay other measures 
and cause the Nicaragua bill to be no nearer becoming a portion 
of the statutes of the country. I hope that the motion will not 
prevail, 

Mr. PEPPER. Mr. President ■ 

Mr. FRYE. I rise to a point of order. 

The VICE-PRESIDENT. The Senator from Maine will state 
his point of order. 

Mr. FRYE. Is there not a rule of the Senate which provides 
that a motion to proceed to the consideration of any bill on the 
Calendar is not debatalile? 

The VICE-PRESIDENT. Certainly there is. The d bate 
has proceeded by unanimous consent. 

Mr. FRYE. The rule was made in order to prevent what has 
been going on here for the last half hour. 

The VICE-PRESIDENT. The Chair has several times at- 
tempted to put the motion of the Senator from Ohio and will put 
it again. The question is on agreeing to the motion of the Sena- 
tor from Ohio to proceed to the consideration of Senate bill 
1-218. 

The motion was not agreed to. 

Mr. HARRIS. Now, if the Senator from Ohio will ask unani- 
mous consent that the Senators ho has named may have the 
privilege of calling up the Nicaragua Canal bill and addressing 
the Senate on to-morrow or any other day, I shall be very glad 
to see that consent given. 

Mr. BUTLER. I submit to the Senator from Tennessee that 
that is not at all necessary. 

Mr, COCKRELL. Not at all. 

Mr. BUTLER. Any Senator has a right to take the lloor and 
address the Senate on that or any other bill. 

Mr. HARRIS. The Senator from South Carolina is quite 
right about that. 

-Mr. BUTLEH. I do not see that any unanimous consent is 
necessary. 

Mr. MORGAN. If I can have unanimous consent I should 
like to say a word about this niattar. I have not asked that the 
Senate should grant me any indulgence in the discussion of the 
Nicaragua Canal bill. If the bill comes up for consideration I 
desire to make some observations upon it, but not extended at 
all. I am very much more interested in hearing what other 
Senators have to say than in anything that I have to say about 
it, and I do not care to have the bill brought up just as a courtesy 
to me that I may make a speech upon it. 

If the Nicaragua Canal bill does not recommend itself to the 
Senate of the United States upon its merits in such a way as to 
gain the support of this body, I do not want to have it consid- 
ered for my part. I think it is a great measure, in which the 
coiuitry is immensely interested, and just at this moment of 
time a vote upon the bill in the Senate of the United States, 
which I think would bo in favor of its passage, would perhaps 
be of greater signilicance and moi-e important than any vote the 
Senate of the United States will cast during this session. 

The Senator from Missouri says it is an open secret that thu 
bill can not bo passed, I do not know where the Sena'or gets 
his open seci-et from, I am quite of a different opinion from the 
Senator from Missouri. If the Senate of the United States, after 
a very hviii discussion, say of a day or two days, should pass the 
bill, my opinion is that it would pass the House of RepresentA- 
tives. My opinion is that the country has brought such a pres- 
sure to bear upon the bill from a 1 quarters and from all circles 
of business men and persons interested in the welfare and pros- 
perity of the country that the House of Representatives would 
find itself unable to resist. That is my judgment about it. So if 
a movement is made here for the jiassage of the Nicaragua Canal 
bill, it will be in perfect good faith and with the expectation of 
passing it through the House of Representatives. I am not ask- 
ing any i^ourtesy from the Senate. 

Mr. H.ALE, I call for the regular order, Mr. President. 

The VICE-PRESIDENT. The regular order is the fortifica- 
tion appropriation bill. 

Mr. DAWES. Let the bill bs read, and I ask that the amend- 
ments of the Committee on Appropriations be acted upon as they 
are reached in the reading of the bill. 

Mr. DOLPH. I ask the Senator from Massachusetts to allow 
me to conclude my remarks commenced this morning, that they 
may appear in to-morrow's RECORD. 

Mr. HALE. I call for the regular order. 

The VICE-PRESIDENT. The regular order is called for. 

Mr, DAWES. I would bo very glad to yield to the Senator 
from Oregon, but we must go on with the appropriation bill. 

Mr. DOLPH. I do not intend any discourtesy to the Senato? 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1053 



The next amendment was under the head of " For the fire de- 
partment," page 31, after lino 14, to insert: 

For new engine and house, lot and furniture tor same, $29,500. 

The amendment was agreed to. 

The next amendment was, on page 31, line 21, to increase tho 
total appropriations for "the fire department" from $32,300 to 
$61,800. 

The amendment was agreed to. 

The next amendment was under the head of " Telegraph and 
telephone service," page 32, line 13, to increase the appropria- 
tion "for general supplies, repairs, etc.," from $8,000 to $10,000. 

The amendment was agreed to. 

The next amendment was, on page 32, after lino 13, to insert: 

To make present lines secure, $5,000. 

The amendment was agreed to. 

The next amendment was, under the head of " Health depart- 
ment," page 32, line 16, before the word " sanitary," to strike out 
"eight" and insert "ten;"in line 17, before tho word "food," to 
strike out " and;" and in the same line, after the word " food, "to 
insert "and garbage;" so as to read: 

Teu^iinitary, food, and garbage inspectors, etc. 

The amendment was agreed to. 

The next amendment was, under the head of " Health depart- 
ment," on page 33, line 2, after tho word " messenger," to insert 
"and janitor;" so as to read; 
One messenger and janitor, J540. 

The amendment was agreed to. 

The next amendment was, on page 33, lino 6, to increase tho 
total appropriations for the health department from $25,740 to 
$28,140. 

The amendment was agreed to. 

The next amendment was, on page 33, line 10, before the word 
"and" where it occurs the second time, to strike out "gar- 
mage" and insert " garbage." 

The amendment was agreed to. 

The next amendment was, on page 33, after line 11, to insert tho 
following proviso: 

rroriilcil. That the Commissioners of the District of Columbia may, in 
their discretion, allow an additional sum. not exceeding 50 cents per ton, 
for the removal of said garbage in steel tanks or cartg, and its immediate 
destruction within the limits of the District, and the sum of SIO.OOO, or so 
much thereof as may be necessary, is hereby appropriated for such purp< 
and the appropriation for the current flscal year of $~.5(X), or so much the 
as may be necessary, may be expended in the same way for the sam 
poses. 

Mr. McMillan. I offer an amendment to the amendment 
of the committee. I move to add the following additional pro- 
viso: 

Provided furtlur. That said Commissioners may in their discretion, in case 
the safety and health of the District m their judgment requires it, allow for 
thedally collection of garbage during tho months of May, June. July, August, 
and September of the year 1893 an additional sum not exceeding Itl.OJO per 
month during the time when such daily collection is made to the satisfac- 
tion of the Commissioners, and the sum of ?.i,000, or so much thereof as may 
be necessary, is hereby appropriated for such purpose. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the Senator from Michigan to the amendment of 
the committee. 

Mr. COCKRELL. I should like to have some explanation of 
the amendment to the amendment. 

Mr. McMillan. The people-of the District of Columbiaare 
complaining very much in regard to the collection of garbage. 
As now arranged, during the very hot months the garbage will 
be collected about two or three times a week, and it is not col- 
lected as often as that in some cases. 

A great many of the houses in the Districthave very little back 
premises, and in case we should have an extremely warm season, 
as we are likely to have, the people here are afraid of the conse- 
quences, especially if we should be visited by cholera. They have 
asked for this additional service with practical unanimity. They 
ask that the Commissioners shall have power given them to have 
a daily service in removing garbage it they find it is necessary, 
and the work is put in their charge. If the weather is extremely 
hot and we have agreatde.al of sickness here, the Commissioners 
will have the power under my amendment to have the garbage 
removed daily. That is all there is of it. 

Mr. SHERMAN. How much is proposed to be appropriated? 

Mr. McMillan. Five thousand dollars or $1,01)0 a month. 

Mr. HARRIS. It is to be wholly discretionary with the Com- 
missioners. If absolutely necessary they may exercise the 
power, and if it is not necessary they will not do it. 

Mr. COCKRELL. Will it give anything for garbage Inspect- 
ors? 

Mr. McMillan, it win give nothing at all for garbage in- 
spectors. It is simply to remove the garbage, which ought to 
be removed every day in hot weather. 

Mr. COCKRELL. I think some appropriation ought to be 



made for this purpose, but tho garbage collections ought to bo 
rcdticed to a system and a method. The sanitary and food and 
garbage inspectors ought to go around with tholr eyes open so 
as to see anything deleterious to health or to food, or any garb- 
age. The sanitary or food inspectors should not pass along and 
see garbage collected and say nothing about it. They ought to 
perform all such duties. 

When this city shall have been divided and districted prop- 
erly into garbage districts the police, in tho discharge of thoir 
oflicial duties as conservators of tho peace, can be made tho most 
efficient garbage inspectors that can be had, and they can per- 
form this duty while they arc performing their duties as jtolice- 
men. T^hoy can go through the alleys, and they can reijort tho 
collection of garbage. Thoro ought to bo garbage districts to 
correspond with the districts of the policoiucn upon thoir lioats, 
and tho policemen ought to bo required to make a report when- 
ever the garbage is not collected. 

If they are made to do what they can do without any groat in- 
crease of their labors, tho present system of collection throe 
tim -s a week will preserve this ciiy and keep it clean. If tho 
)>()licoman do not do it, if there is not a division of tho District 
into garbages districts to correspond with the others and thcso 
officers are not put over them, the chances are that even if wo 
mako this approjiriation the garbage will not bo collectod as ol- 
liciently as it ought to )». 

1 hojo, however, the system which has been adopted will se- 
cure the collection of garbage. We have reversed the iwlicy 
heretofore jirevailing in this city, where it was to tho interest of 
the contract'ir to collect no garbage, and tho less garbage ho col- 
lected the los5 he expended, the greater was his profit. We aro 
now trying to reverse that so as to make it to tho interest of tho 
parties to collect cvory bit they can, because they aro to got 
paid for it by the ton. 

Tho VICE-PR KS I UF.NT. Tho question is on agreeing to tho 
amendment to the amendment. 

The amendment to the amendment was agreed to. 

Tho amendment as amended was agreed to. 

Tho reading of the bill was resumed. 

Thene-xtamendmentof the Committee on Appropriations was, 
under liie head of " coui-ts," page .'!4, line 7, after the word " dol- 
t,riko out "one deputy clerk, $1,000" and insert "two 
iuty c'.erks, at $1,000 each:" in lino 13, before the word " dol- 
irs," to strike out "hoaterman. four hundicd and twenty" and 
insert " engineer, nine hundred; " and in lino 14, before the word 
"dollars," to strike.out " sixteen thousand seven hundiod and 
sixteen" and insert " eighteen thousand one hundred and ninety- 
six; " so as to make tht; clause read: 

For the police court; For two Judges, at $3,000 each; compensation o( two 
justiies of ihe peace •■vcling as judges of the police court during tho ab-enee 
of said judt.'e.'j. not e.xceediug $:>00each: one clerk, I-.thK); one doptitv clerk, 
$1,500; two deputy deiks, at $1,000 e;ich; three bailiffs, at J3 per il.iy each. 
f'J.817; one deputy marshal, at $3 per day, $939; one messenger, $900; ouo 
doorkeeper. $540; one engineer, $900; in all, $18,100. 

The amendment was agreed to. 

The next amendment was on page 35, after line 22, to insert: 

MUNICIPAL BUTLDIKG. 

The Commissioner.^ of the District of Columbia aro hereby authorized and 
directed to obtain by advertisement, detailed plans, estimates, and specUl- 
catious for a tircproot muulcipal building, to cost not to exceed $.500,000. to 
be located on the reservation north of the W.ashingtou Market bullulng, be- 
tween Seventh and Ninth streets NV\^. in the city of Washington. 

The Commissioners shall select from tho plans, estimates, and speclQc.v 
tioiis received, one. for which $2,000 Is hereby appropriated. The payment 
of said sum to the successful competitor shall bo in full for ail claims or com- 
pensation whatsoever. 

Mr. GORMAN. This amendment provides practically for the 
construction of abuilding for the District of Columbia to accom- 
modat3 all tho offices, the police court and everything con- 
neetcd with the District, the building to be erected on the Gov- 
ernment reservation upon Pennsylvaniaavenuo. between Seventh 
and Ninth streets, immediately in front of the present market 
hou.se. I know that it comes with tho recommendation of the 
majority of the Committee on Appropriations. Persomilly I 
think it wotild be very unfortunate to have the building erected 
on that square, ])articularly for such a purpose. 

It is a central point in the matter of travel, and to put tho 
building there, with the jjolice court and all the class of people 
who gather daily immediately in fri nt of it, where everybody in 
the city goes to market— all tho ladies, our wives, and sistora-^ 
I think would be most unfortunate, outside of the fact that it 
would be the destruction of the park. I simjily want to enter 
my jirotest against it here. I trust the Senate will agree with 
me that while this building is necessary it ought not to be 
placed at that jioiiit. 

The VICI'M'UESIDENT. The question is on agreeing to the 
amendment of the committee. 

Mr. HOAR. Let the amendment go over until the end of the 
bill is I'eached. 




1054 



OONGllEBSIONAL EEOORD— SENATE, 



Eebeuaey 1, 



Mr CALL. I wish to indorso the ohservations of tho Sena- 
toi- from Maryland. I think it would be very unfortunate to 
destroy the beauty ot tho city, and its healthfulness by filling 
up the parks with edifices of any kind. I hope the amendment 
will not become a law. 

Mr. ALLISON. As suggested by the Senator from Massa- 
chusetts, I hope the amendment will be passed over without a 
vote upon it at this time. The Senatoisnotvery full at present, 
and I do not expect to get a final vote upon the bill to-day. I 
think it duo to Senators who are absent that they should have 
some opportunitv to vote on amendments to-morrow. 

I will say to the Senator from Maryland, and other Senators, 
that this space has been set apart for a good many years in the 
minds of tho people of the District of Columbia as the proper 
place for the erection of such a public building. If it is not 
erected there it must be erected on ground to be purchased by 
tiie Commissioners of the District of Columbia. 

Mr. HARRIS. Does the space referred to begin on Seventh 
street, running west and north of Pennsylvania avenue? 
Mr. GORMAN. South of the avenue. 
Mr. ALLISON. South of Pennsylvania avenue. 
Mr. RANSOM. BotweenPennsylvaniaavcnue and the Wash- 
ington Market building. 

Mr. ALLISON. I will state that this space was originally 
leased to the market company a number of years ago for a term 
of ninety-nine years. The term ot the lease was changed and the 
rent reduced, with a view to the erection of a public building at 
this spot. 

I have no wish about the matter myself. Of course, we can 
not provide for plans and specifications for a public building 
without knowing where the building is to be erected and the 
character of the ground upon which it is to be placed. 

Mr. GORMAN. I should like to ask the chairman of the com- 
mittee if the amendment would not absolutely fix the building 
at that point by the provision as to plans and specifications? 

Mr. ALLISON. If we are to have plans and specifications for 
a municipal or District building it is necessary that we shall 
know whore it is to be erected. As I said, I have no wish about 
the matter; I am entirely willing, so far as I am concerned, that 
the whole provision shall be stricken out and that the question 
shall be postponed until another time. Certainly I do not wish 
to press it against the opinion of many Senators. I ask that the 
amendment may be passed orer for the time being. 

Mr. HOAR. If tho Senator consents to have it stricken out I 
shall not ask that it be passed over. 

Mr. ALLISON. I do not want to have it stricken out at this 
moment. Let it be passed over. 

The VICE-PRESIDENT. The amendment will be passed over, 
and tho reading of the bill will be proceeded with. 

]\Ir. PASCO. Before we pass from the subject I should like 
to ask the Senator from Maryland, through the Chair, whether 
he has any other location to suggest in place of this in case the 
objection should seem good? 

ISIr. GORi^IAN. No, I have no other location in the citjr in 
mind. I have not myself been charged with the duty of looking 
up one. But I protest against the use of this particular lot for 
such a purpose. I should be very loath indeed to use one of the 
public squares on the avenue for a building for any purpose 
whatever; but the point I make is that we should not locate the 
municipal building immediately on Pennsylvania avenue at the 
most public place on the avenue between here and the President's 
house, in front of the main market of the town, where all the la- 
dies go, for it is the custom of the ladies of this city, the wives 
of members of Congress and Senators and all the i-esidents, logo 
to market. 

I say to add to the straggling crowd that already collects around 
the market all the criminals of this city, and bring them there 
and have them on exhibition, and have our wives and daughters 
pass by them and see them as they are manacled and brought in 
and out, would be a great outrage. I am opposed to it, and I 
trust ^^he Senate will never permit such a structure and such a 
nuisance to be erected at that place. 

Mr. PASCO. This matter has Iv^en discussed occasionally be- 
fore our Committee on Public Buildings and Grounds, and this 
seemed to be a suitable location. I admit that the arguments 
advanced by the Senator from Maryland are good, but I wish he 
had caiTisd his investigation further so as to suggest a more 
suitable site where the objections he has mentioned would not 
exist. There is certainly great force in what he says. 

The VICE-PRESIDENT. The amendment will be passed 
over informally and the reading of the bill will proceed. 
The reading of the bill was resumed. 
The next amendment was, on page 36, after line 10, to insert: 

ROCK CREEK PARK. 

For care of and oreparing xilans fortue Improvement of Rock Creek Park, 
SIO.WO. 



The amendment was agreed to. 

The next amendment was, on page 37, line 21, after the word 
" almshouse,'' to insert "and repairs;" so as to read: 

For renewal ot plumlilugln the almshouse and repali's, $3,000. 

The amendment was agreed to. 

The next amendment was, in the appropriations "for Reform 
School," page 3'j, line 4, after tlie word "apparatus," to strike I 
out "and so forth; " so as to read: i 

For one additional hrick family building, including heating apparatus, 1 
f20,000. 

The amendment was agreed to. 

The next amendment was, on page 40, after line 10, to insert: 
For the Industrial Home School: For reconstructing the garret of tho old 
centr.al building so as to make it into a story ot the regular lieight, $-1,000. 

The amendment was agreed to. 

The next amendment was, on page 41, line 11, after the word 
"for," to strike out " and management of;" so as to read: 

And hereafter the expenditures for the Freedmen's Hospital and Asylum 
shall be imder the supervision and control ot the Commissioners ot the Di 
trict ot Columbia. 

The amendment was agreed to. 

The next amendment was, on page 42, after line 3, to insert: 
For the Church Orphanage Association of St. John's Parish, maintenanct-, 
$1,4C0. 

The amendment was agreed to. 

The next amendment was, on page 42, after line 5, to insert: 
For the German Orphan Asylum, maintenance, $1,400. 
The amendment was agreed to. 

The next amendment was, on page 42, after line 7, to insert; 
For the National Association for the Relief ot Destitute Colored Women 
and Children, maintenance, including its care ot colored foundlings, S9,100. 

Tho amendment was agreed to. 

Tho next amendment was, on page 42, after line 10, to insert: 
For St. Ann's Infant Asylum, maintenance, $1,550. 

The amendment was agreed to. 

The next amendment was, on page 42, after line 12, to insert: 
For St. Joseph's Asylum, maintenance, 81,400. 

The amendment was agreed to. 

The next amendment was, on 7)age 42, after line 14, to insert: 
For the Woman's Union Christian Association, maintenance, $175. 

The amendment was agreed to. 

The next amendment was, on page 42, after line 10, to insert: 
For the Association tor Works ot Mercy, maintenance, $1,400. 

The amendment was agreed to. 

The next amendment was, on page 42, after line 18, to insert: 

For House of the Good Shepherd, maintenance, $3,100. 

The amendment was agreed to. 

The next amendment was, on page 42, after line 20, to insert: 

For the Industrial Home School, maintenance, 89,100. 

Tlie amendment was agreed to. 

The next amendment was, on page 42, after line 22, to insert: 

For St. Koses Industrial School, maintenance, $3,500. 

The amendment was agreed to. 

The next amendment was, on page 43, line 4, before the word 
" thousand," to strike out "six " and insert "five;" in line 9, be- 
fore the word " dollars," to strike out "forty-seven thousand" 
and insert " nineteen thousand eight hundred and seventy-five;" 
and in line 11, before the word " dollars," to strike out " fifty- 
three thousand " and insert " twenty-four thousand eight hun- 
dred and seventy-five;" so as to read: 

For ihe Board of Children's Guardians, created under the act approved 
July 20, 1892, namely: For administrative expenses, including salaries of 
a'^ents 'expenses in placing and visiting children, and all office and sundry 
expenses, $5,0UO, to be immediately available; tor care ot feeble-minded 
children for the care of children under three years of age, -white and colored, 
tor the board and care ot all children over three years of age, and tor the 
temporary care ot childi'en pending investigation or while being ti-ansf erred 
from pia-'e to pliice. $19,875; in aU, *24,875: Provided. That the authority for 
phicing feeble-minded children of the District ot Columbia, heretofore given 
to the Secretary of the Interior, Is hereby transferred to the Board of Chil- 
dren's Guardia'us. 

The amendment was agreed to. 

The next amendment was, on page 43, line 16, after the words 
" that the," to strike out " institution " and insert " institutions." 

The amendment was agreed to. 

Tlic next amendment was, on page 44, line 1, after the 'word 
"appropriation," to insert "and the inmates of each of such in- 
stitutions, on the 30th day of .June, 1893." 

Mr. ALLISON. That amendment should be disagreed to. 

The amendment was rejected. 

The next amendment was, on page 44, line 3, after the word 
"remitted," to insert " except as herein specifically appropriated 
for: '' so as to make the additional proviso read: 

And provided further, That the Institution for children, Including indus- 
trial and reformatory, namely, the Church Orphanage of St. John's Parish, 
the German Orphan "Asylum, the National Association for the Relief ot Des- 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1055 



titiiie Colored Wonieu and Children, including Its care ot colored foundlings, 
the St. Ann's Infant Asj'lum, the St. Joseph's Asylum, the Women's Union 
Christian Association, the Association for Works of Mercy, the House of the 
G'l '1 .Shepherd, the Industrial Home School, and St. Koso's Industrial 
,^ : ' 'ol, heretofore receiving .lid by speciUc appropriation, are hereby re- 
]] ,■ ted. except as herein specillcally appropriated for, to the appropriation 
liL t ■ -m made and to the said act ot July 20, 1S9-, ''to provide for the care ot 
dependent children in the District of "Columbia, ana to create a Board of 
CbiUlreu's Guardians" for all rights and benefits which they may have 
, under the provisions of the said act. 

! The amendment was agreed to. 

The next amendment -was, on page 44, after lino 11, to insert: 

1 l'"or the National Association for the Kolief of Destitute Colored Women 
1 and Children, as follows: For new heating apparatus, $3,000; for the Intro- 
1 duetioa and distribution or Potomac water, «2,000; in all, $5,000. And all 
Bums of money herein appropriated, or which may hereafter be appropri- 
ated and expended in aid of the purchase of real estate for charitable or re- 
I lormatory institutions in the District of Columbia, or for buildluRS or for 
permanent improvements to buildings thereon, shall (subject to any trust 
deed, mortgage, or othersecurity or Incuiubrance existing on such property 
at the time of its purchase or created at the time of its i)urchaset bo a lien 
upon such property, and in case of the dissolution of any stieh corp-^ration 
owning such property', or in case of the disposal of such property by such 
corporation, entitle the United States to reimbursement in jiroportiou to 
any other contributions or funds used for such i>urposes; and the accept- 
ance by any such corporation ot any sum ot money appropriated for the 
loregoing purposes shall be deemed an acceptance of and agreement to this 
provision. 

The amendment ■(vas agreed to. 

The next amendment was, on page 45, attor lino 6, to insert: 

Contagious diseases hospital: For the erection, by the Commissioners ot 
the District of Columbia, on land bslou.glng to the United States or the Dis- 
trict ot Columbia, to be selected by said Commissioners, ot a hospital for tjio 
treatment ot persons suffering from contagious and infectious diseases, 
$5,000, and in case a suitable site can not be secured upon United States or 
District lands, an additional sum, tor the purchase ot aslto tor said hospital, 
ot not exceeding S13,000. 

The amendment was agreed to. 

The next amendment was, on page 47, line 9, before the word 
"hundred," to strike out "six" and insert ''eight;" in line 11, 
after the word "dollars," to strike out "one clerk, one thou- 
sand " and in.sert "two clerks, at ,$1,000 each; " in line '22, before 
the word "dollars," to strike out "seven hundred and fifty " and 
insert ' ' eight hundred and sixtj'-f our; "on page 48, line 8, before 
the word "dollars," strike out "one thousand five himdred" 
and insert "two thousand;" and in line S, bofoi'e the word "dol- 
lars," to strike out " forty-four thousand six hundred and thirtj-- 
six" and insert "forty-six thousand live hundred and sixty- 
four;" so as to read: 

For revenue and inspection branch: For one chief clerk, $I,SDO; two clerks, 
at $1,400 each; twoclerlis, at $1,000 each; onechietinspoctor, $930; six inspect- 
ors, at S900 each; one messenger, MOO. Kor distribution branch: For one 
superlntoudeut, J1.800; one draftsman, SI, 500; one foreman, $1, '."00; twoclerks, 
at fl.OQOeach; one timekeeper, iSOO: one assistant foreman, .$900; one tapper 
and machinist, $900; one assistant tapper, KIOO; sue steam engineers. at!fl,100 
each ; extrasteam engineer's services for such times as may be actually neces- 
sary on account of sickness, leaves of absence, and .Sundays, not to exceed 
$5J0; one blacksmith. *750; twopluml>ers, at ¥r,TOe.aeh; two assistant machin- 
ists. atl864 each; one property keeper, ifCOl): six firemen, at .$730 each; two 
flttshers, at J.MOeach; one driver. $180; two watchmen. at?-lSOe,ach; onehost- 
ler, S4S0; one caulker, ¥730; and three laborers, at $500 each; and tor not to 
exceed at any time two inspectors on the manuf;icture ot cast-iron pipe, at 
a maximum' rate of $4.50 per day for stich periods as their services may be 
actually necessary, $';,000; in all, $46,564. 

The amendment was agreed to. 

The next amendment was, on page 48, line 13, before the word 
"dollars," to strike out "two thousand five hundred " and insert 
"three thousand;" so as to read: 

For contingent expenses, including books, blanks, stationery, forage, ad- 
vertising, printing, and other necessary items and services, $3,000. 

The amendment was agreed to. 

The next amendment was, on page 49, line 23, before the word 
"roads," to insert "streets, alleys, and;" so as to make the clause 
read; 

For continuing the extension of the high-service system ot water distribu- 
tion, to iuclude all necessary land, machinery, buildings, standpipes, mains, 
and appurtenances, so much as may be available in the w;iter fund, during 
the fiscal year 1894, after providing for the expenditures hereinbefore author- 
ized, is hereby appropriated; and the Commissioners ot the District of Co- 
lumbia are hereby atithorized and empowered to acquire by piu'chase, con- 
demnation, or otherwise, the land, including necessary portions ot public 
streets, alleys, and roads, required for the said extension, anil the right ot 
way, where necessary, for the construction, maintenance, and repair ot the 
requisite water mains and their appurtenances tor said extension. 

The amendment was agreed to. 

The reading of the bill was concluded. 

Mr. McMillan. I submit an amendment and ask that it 
may be printed. 

The VICE-PRESIDENT. The amendment will be printed. 

Mr. ALLISON. As the Senator from Michigan ofters rather 
an important amendment and asks that it be printed- — ■ 

The VICE-PRESIDENT. Shall the amendment be read? 

Mr. ALLISON. Does the Senator from Michigan desiro to 
have the amendment read? 

Mr. McMillan. No; it may te printed. 

Ui: HOAR. Let it go into the Record. 

Mr. McMillan, it can go into the RECORD. 



The amendment intended to bo proposed by Mr. McMillan is 
to add the following additional section to the bill: 

Sec. 3. Thatfromandafterthopas.sage,.: iil (or 

any person or persons In the District .>( i ules, 

business, and professions speclUed in the h'v 

of the District ot Columbia, entitled "An :-. 
business, and professions practiced or e:' 
bia." approved August2:i, ihti. and the a 
20, 1872, except such parts thereof as hav.> 
ing obtained a license therefor in accorda- 
of assembly, and said amendment; and ;, 
trades or in the business and professions 
amendment thereto within the District • 
obtained a license therefor i» accordanee n 
the said amendment thereto, or who shall - 
of the said District wber.j by existiu.g la\v 
conviction thereof in the police court <■! i 

not less than SlO nor more than ilOJ, and ;i i... , 

sequent offense, and Inclef.iultof pajmient ol such hi. 
prisonedin the common jail ot said District not to ■ 
Provided, Thiit whenever the approval of the Conim; 
any appllc:itlon for a license under existing law or nn 
by s;iid Commissioners aecordlng to la^v. no per.-"n -• 
such license until ho or she sbullhttvo obtained such ,.,,, 

Mr. ALLISON. I will state to Iho .Senate that the amend- 
ment offered by the Senatorfrom Michigan is auamendmontnot 
in order, I think, but I shall not make that jioint at present, and 
perhaps not at all. 

I desire to return to \>a,";a 39, lino 9, for a formal amendment. 
In lino 9, after tho word '' Government," I move to insert " Hos- 
pital;" so as to read: 

In tho Goverumonl Hospital for tho Insane In said District. 

The amendment wjis agreed to. 

Mr. ALLISON. This concludes the amendments proposed by 
the Committee on Appropriations, with tlio exception. JjcThaps, 
of one or two amendments that I may desiro to ofTor to-morrow 
to the text of tho bill, though they are not of very great impor- 
tauc-e. I do not dosiro at this time to further continue the con- 
sideration of tho bill, but shall ask tho Senate to-morrow morn- 
ing t.) take it up. 

Mr. CALL. I submit two amendments intended to bo proposed 
by me to the pending bill. I shall offer them to-morrow morn- 
ing. I move that tho amondmonts be referred to tho Committee 
on tho District of Columbia and that they be printed. 

The motion was agreed to. 

CHEROKEE INDIAN LANDS. 

Mr. VEST. I ask tho Senate to tako from tho table Senate 
bill •'i.')S2 for consideration. 

Mr. PLATT. Mr. President 

The VICE-PRESIDENT. The Senator from Missouri has 
been recognized. 

Mr. PLATT. Ho yields to mo for the purpose of making a 
motion. 1 move to take up the bill (H. R. 9190) to ratify and 
confirm an agreem 'ut with the Cherokee Nation of Indians of 
tho Indian Territory, to make appropriation for carying out the 
same, and for other purposes. I do this for tho purpose of mak- 
ing the bill the unfinished business. I do not ex^wct to go on 
with it to-dav- 

The VICE-PRESIDENT. The question is on agreeing to tho 
motion ot the Senator from Connecticut. 

The motion was agreed to. 

Mr. PLATT. I now yield to tho Senator from Missouri, tho 
Cherokee Outlet bill remaining as the unfinished business. 

ROBERT MAGEE. 

Mr. VEST. I ask unanimous consent that tho Senate \>vo- 
ceed to the considei-ation of the bill {S.35S2) for the relief ot 
Robert Magee. I wish to state my I'cason for making the re- 
quest. I expect to bo called a\vay from the city, and I feel con- 
siderable personal interest in tho bill. It is an act of humanity 
to a ))oor creature, and unless he soon receives what is duo him 
it will do him no good whatever. The late Senator Plumb in- 
troduced a similar bill, and after his death I took charge of it. 
Thci'o is a unanimous report from tho Select Committee on In- 
dian Depredations, which gives all the facts. I do not think tho 
bill will give rise to any debate. 

The VICE-PRESIDENT. Tho Senator from Missouri asks 
unanimous consent to proceed to tho consideration of the bill in- 
dicated by him. If there be no objection it is before the Senate 
as in Committee of the Whole, and will be read. 

The Secretary proceeded to read the bill. 

Ml-. PETTIGRliW. I wish to know whatcommittoo roportad 
the bill. 

Mr. VEST. The Select Committee on Indian Depredations. 

Mr. PETTIGKEW. I shall have to object to ita consideration 
until I can look into the matter. I ask that the bill go over 
without prejudice until lean investigate it. I -see it proposes 
to iiay money out of the funds of tho Indians ol my State. Tho 
matter will have to take its course as a judgment before the 



1056 



CONGRESSIONAL RECORD— SENATE. 



February 1, 



Court of Claims or else go to the Commlttoe on Indian Affairs, 
it seems to me. At least I want to look into it. 

Mr. KYLE. I sincerely hojje there will be no objection to the 
bill which has been brought up at the request of the Senator 
from Missouri. It had a very thorough discussion before the 
Select Committee on Indian Depredations, to which it was re- 
ferred, and an amendment has bsen placed on the bill to the 
cITect, I believe, that the Secretary of the Interior shall first con- 
sult with the leaders of the Sioux Nation and after having con- 
sulted with them and given them a hearing, if in bis judgment 
this amount should be paid from the interest due them then it 
shall bo done, but not until then. 

Mr. PETTIGREW. I shall insist on my objection. The bill 
can go over without prejudice. I wish to have an opportunity 
to look into it. After I have had an opportunity to look at it I 
may withdraw my objection. 

The VICE-PRESIDENT. Objection being made, the bill goes 
over. 

CONSIDERATION OF HOUSE BILLS. 

Mr. COCKRELL. I suggest, if the Senator from Connecticut 
does not wish to proceed with the Cherokee Outlet bill, that we 
devote ten or fifteen minutes to the consideration of unobjected 
House bills on the Calendar. 

Mr. PLATT. I have no objection to that course. I simply 
desire to keep the Cherokee Outlet bill before the Senate as the 
unfinished business. 

Mr. COCKRELL. I ask that the Senate proceed to the con- 
sideration of unobjected House bills upon the Calendar reported 
favorably. 

The VICE-PRESIDENT. Is there objection to the request of 
the Senator from Missouri? The Chair hears none, and the first 
House bill on the Calendar favorably repurtod will be announced. 

ARKANSAS RIVER BRIDGE AT LITTLE ROCK, ARK. 

Mr. ALLISON. Before we proceed with the order just made 
I ask unanimous consent for the consideration of a bridge bill. 
I objected this morning on account of some misunderstanding to 
a bill of local importance to Arkansas. I did not know that unan- 
imous consent had been given for the consideration of the bill. 
I think it will take but a moment to put the bill on its passage. 
The Senator from Missouri [Mr. VEST] ii entirely familiar with it. 

Mr. VEST. It is a bill simply extending the limitation as to 
the construction of a railroad bridge at Little Rock. 

Mr. COCKRELL. What is the order of business? 

Mr. VEST. The bill was I'eported this morning, and is not on 
the Calendar. 

The VICE-PRESIDENT. The bill was reported to-day from 
the Committee on Commerce. Is there objection to its present 
consideration? 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeled to consider the bill (S. 3798) to authorize the 
building of a railroad bridge at Little Rock, Ark., which had 
been reported from the Committt'e on Commerce with an amend- 
ment, to .strike out all after the enacting clause and insert: 

That section 7 of an act, entitled "An act to autUorize tlie building of a 
railroad bridge at Little Rock, Ark.," approved March 3, 1891, be amended so 
as to read as follows: 

This act shall bo null and void, if construction on said bridge shall not be 
commenced on or before January 1, 1894, and completed on or before Jan- 
nary 1, 1806; and iill the benelits of this act shall inure and belong to the Lit- 
tle Rock Bridge and Terminal Railway Company, a corporation existing un- 
der the laws of Arkansas, its successors or assigns, pro\'ided, the navigation 
cpf the Arkansas River shall not be obstructed by false work during the con- 
struction of said bridge. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concui'red in. 

The bill was ordei'ed to lie engrossed for a third reading, read 
the third time, and passed. 

The title was amended so as to read: "A bill to amend an act 
entitled 'An act to authorize the building of a railroad bridge at 
Little Rock, Ark.'" 

SETTLEMENT RIGHTS ON PUBLIC LANDS. 

The VICE-PRESIDENT. The first House bill on the Calen- 
dar will be stated. 

The bill (H. R. 7028) to protect settlement rights where two 
or more persons settle upon the same subdivision of agricul- 
tural public lands before survey thereof, was announced as first 
in order, and the Senate, as in Committee of the Whole, pro- 
ceeded to its consideration. 

Mr. PETTIUKEW. I am instructed by the Committee on 
Public Lands to offer as an amendmi^nt, to be added as additional 
sections to the pending bill, Senate bill 33!)3, entitled "A bill to 
amend an act approved March 3, 1891, entitled 'An act to repeal 
timber-culture laws, and for other purposes.' " 

The VICE-PRESIDENT. The amendment will bo read. 

The Chief Clerk proceeded to road the amendment, but be- 
fore concluding was intsrrui)ted by 



Mr. PASCO. Before the reading proceeds further, I desire to 
say that if the amendment is to bo pressed I hope the subject] 
will go over until to-morrow without prejudice. I do not recol- 
lect that the Committee on Public Lands consented to the amend- 
ment proposed by the Senator from South Dakota [Mr. Petti- 
GREwJ at any committee meeting. It is certainly not so re- 
ported by the Senator who reported the bill. 

Mr. PETTIGREW. I will say that the committee did unani- 
mously agree to this amendment and authorized me to offer it 
as an amendment to the pending bill. 

Mr. PASCO. My recollection is that there was objection 
made by some Senators whom I do not now see in the Senate. 

Mr. PETTIGREW. There were no objections. 

Mr. PASCO. It will not prejudice the matter to call it up' 
under the same understanding upon which we have acted for 
several days. 

The VICE-PRESIDENT. Ttie bill will go over without ob- 
icotion, as the Chair imderstands. 

Mr. PETTIGREW. I should like to have the amendmenti 
read through and printed. 

Mr. PASCO. I shall not object to that. 

Mr. COCKRELL. Let the amendment be printed. I do not 
see why we should consume time by reading it through now. 

Mr. PETTIGREW. Very well, let the amendment be printed. 

The VICE-PRESIDENT. The amendment proposed by the 
Senator from South Dakota will bo printed. 

Mr. CAREY. I have an amendment which I desire to offer 
to the bill, to be printed together with that of the Senator from 
South Dakota. 

The VICE-PRESIDENT. That order will be made in the ab- 
sence of objection. 

ADMISSION OF NEW MEXICO. 

The bill (H. R. 7136) to enable the people of New Mexico to 
form a constitution and State government, and to be admitted 
into the Union on an equal footing with the original States, was 
announced as next in order on the Calendar. 

Mr. COCKRELL. Let that be passed over. 

The VICE-PRESIDENT. The bill will bo passed over. 

PROTECTION OF RAILRO.\D EMPLOYES, ETC. 

The bill (H. R. 9350) to promote the safety of employes and 
travelers upon railroads by compelling common carriers engaged 
in interstate commerce to equip their cars with automatic coup- 
lers aud contiuous brakes and their locomotives with driving- 
wheel brakes, and for other purposes, was announced as next in 
order on the Calendar. 

Mr. COCKRELL. Let that bill he passed over without preju- 
dice, retaining its place on the Calendar. 

Th3 VICE-PRESIDENT. It will be so ordered. 

UTAH COLUMBIAN EXPOSITION EXHIBIT. 

The bill (H. R.7827) to enable the people of the Territory of 
Utah to provide for the collection, arrangement, and display of 
the products of said Territ:)ry at the World's Columbian Expo- 
sition of 1893 was announced as next in order on the Calendar. 

]\Ir. COCKRELL. Let that bill go over. I did not hear the 
title fully. Does it provide for the admission of a Territory into 
the Union as a State? 

Mr. PL.ATT. No, it does not. The bill is simply to enable 
the people of the Territory of Utah to provide for a display at 
the World's Columbian Exposition. 

Mr. COCKRELL. I had not observed that. 

Mr. PL.\TT. I do not think it is necessary, however, to con- 
sider the bill now. I understand a sufficient amoimt has been 
subscribed from private sources in the Territory to enable the 
exhibition to bo made. 

The VICE-PRESIDENT. The bill will be passed over. 

STOCKBRIDGE AND MUNSEE INDIANS. 

The bill (H. R._3594) for the relief of the Stockbridge and 
Munsoe tribe of Indians, in the State of Wisconsin, was an- 
nounced as next in order on the Calendar. 

Mr. SAWYER. Let that bill go over. 

The VICE-PRESIDENT. Th j bill will be passed over. 

DAVID RYAN. 

The bill (H. R. 3804) to confer jurisdiction upon the Court of 
Claims to hear and determine the claim of David Ryan against 
the United States was announced as next in order on the Cal- 
endar. 

Mr. FRYE. That is objected to. 

The VICE-PRESIDENT. The bill will be passed over. 

FOG SIGNAL AT TIBBETS POINT, LAKE ONT.\RIO, NEW Y'ORK. 

The bill (H. R. 8956) establishing a fog signal at Tibbots Point, 
Lake Ontario, New York, was considered as in Committee of the 
Whole. It proposes to establish a fog signal at Tibbets Point 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1093 



tee on Public Lands is disposed to do any injury to any persons 
■who have obtained title from the United States, or to do any in- 
justice to persons ^7ho have instituted proceedings for the ob- 
tainmeut of titles under the public land laws. 

If the report is to be printed for the information of the Senate 
I have nothing farther to say about it. If it is insisted that it 
shall go to a committee, I insist that it shall go to the committee 
which has always had jurisdiction and which is entitled to juris- 
diction of the subject-matter. 

Mr. FELTON. In order that the report may not ''sloop the 
sleep that knows no waking," I sugg-ast to my coileaguo upon the 
committea whether it would not be better to have it referred to 
some committee which may take such action as it may see lit 
or such action as we have reported, so that something may come 
out of it. 

There is no doubt but that there are two sides to this question, 
nor is there any doubt but that there is a difference of opinion 
between the settlers who have suffered upon that coast and the 
Interior Department. I apprehend it will bo found that the re- 
port of the special committee will not be in accordance with the 
opinion of the Interior Department, but we would like to have 
it considered, and we would like to have the sense of the Senate 
as to whether the views of the Interior Department or the views 
of the special committee shall prevail, whether justice shall bj 
refused or be done; and it will require some action by a reg- 
ular committee to bring that about in the next Congress, as the 
ere will hardly be time in which to consider it at the present 
session . 

Mr. DOLPH. Why docs not the special committee report 
with their evidence a bill which can goon the Calendar? If that 
were done, I would not insist that the matter shall go before the 
Committee on Public Lands, but if it is proposed to refer it now 
to a standing committee I must insist on the jurisdiction of that 
committee. 

Mr. FELTON. The committee did not report a bill for the 
reason that it thought nothing possibly could be accomplished in 
this Congress, and a portion of the membership of the commit- 
tee will not be in the next. The committee earnestly desire 
that the matter shall have as early consideration as is possible, 
so that the wrong may be righted. 

Mr. SHERMAN. Let the report bo printed and lie on the 
table. 

Mr. PASCO. As there seems to be great difference of opinion 
as to what course this matter should take, I suggest that for the 
present the report be allowed to lie on the table and be printed. 
It can then be inspected by ditYerent Senators and at some proper 
occasion action can be agreed upon without consuming so much 
time in considering it at present. Then the matter would come 
before Senators at length and some proper action could be based 
upon the report. A motion to refer would then be in order. I 
suggest that for the present, without any prejudice to the mat- 
ter, the report be allowed to lie on the table and be printed. 

Mr. KYLE. It seems to me that is the correct course to take 
in regard to this matter. 

The VICE-PRESIDENT. That course will bo adopted, if 
there be no objection. The Chair hears none. 

OBSERVATIONS OF NAVAL OBSERVATORY. 

Mr. MANDEKSON, from the C:)mmittee on Printing, to 
whom was referred the concurrent resolution'Submitted by him 
January 9, 1893, reported it without amendment; and it was con- 
sidered by unanimous consent, and agreed to, as follows: 

Itesoltcd by (he Senate oj the United States {the House of Representatives con- 
carrin'j). That the annual voUunesor the ob3 >rvations of thoNaval Observa- 
tory, commonly known as the Washington Oliservatlons, for the years 18S9, 
1890. 1891. and 189-', be printed, and that 1,800 additional copies of each volume 
be printed, of which 300 shall be for the use of the Senate, TOO for the use of 
the House, and 800 for the use of the Naval Observatory; and, furthermore, 
that 1,200 separate copies of each of the astronomical appendices, and 1,000 
separate copies of the meteorolOKioal and magnetic observations, extracted 
from each of the above volumes, be printed for the use of the Naval Ob- 
servatory. 

BILLS INTRODUCED. 

Mr. DAWES introduced a bill (S. 3512) to ratify and confirm 
an agreement with the Alsea and other bands of Indians located 
upon the Siletz Reservation in the State of Oregon, and to make 
appropriation for carrying the same into effect; which was read 
twice by its title, and referred to the Committee on Indian Af- 
fairs. 

Mr. SHERMAN introduced a bill (S. 3813) granting an honor- 
able discharge to John Russell; which was read twice by its title, 
and. with the accompanying papers, referred to the Committee 
on Military Affairs. 

Mr. DUBOIS introduced a bill (S.38U) to establish a port of 
delivery at Bonners Ferry, Idaho; which was read twice by its 
title, and referred to the Committer on Commerce. 

Mr. PEFPER introduced a bill (S. 3S15) to readjust the salary 
and allowances of the postmasters at Guthrie, Oklahoma City, 



and Kingfisher, in Territory of Oklahoma; which was road twice 
by its title, and referred to tho Committee on Post-Ollicos and 
Post-Roads. 

Mr. Mcpherson introduced a bill (S. 3810) granting a pen- 
sion to Ella Hatfield, invalid daughter of Maj. David Hatfield, 
First Regiment Now Jersey Infantry Volunteers; whi<-h was 
read twico by its title, and, with tho'aecoinpanylng papers, re- 
ferred to the Committee on Pensions. 

AMENDMENT TO APPROl>RI.\TION BILL. 

Mr. BUTLER submitted an amendment intended to be pro- 
posed by him to tho naval appropriation bill; which was referred 
to the Committee on Appropriations, and ordered to bo printed. 

COU.NT OF ELECTORAL VOTES. 

Mr. TELLER. Sjmo time since a c tncurrent resolution was 
passed by both House.-; for the counting of the electoral votes on 
the 8th day of the prosjnt month. In tho r solution there is a 
provision that tellers sliall be appointed on tho part of tho two 
Hou>-es. Tlio other Hous > has appointed tellers. I BuggO'tthat 
tellers be now appointed on tho i)art of tho Senate. Tho resolu- 
tion does not specify how they shall bo appointed, and 1 suggest 
that the appointment be made by the Vice- President. 

The VICE-PRESIDENT. Is there objection to tho requestor 
tho Senator from Colorado? The Chair hears none. The Chair 
ajijioints as tellers on the part of the Scnat'j the Senator from 
Maine [Mr. Hale] and tho Senator from Kentucky [Mr. Black- 
burn]. 

AN.NEXATION OF HAWAIIAN ISLANDS. 

Mr. CH.'\.NDLER. I ask that tho resolution submitted by mo 
in reference to the Hawaiian Islands be referred to tho Commit- 
tee on Foreign Relations. 

The VICE-PRESIDENT. The resolution will be stated. 

Tho Chief Ceerk. A concurrent resohition by Mr. Chand- 
ler, requesting the Pre-^id jnt to enter into negotiations with the 
present provisional government of Hawaii for the admission of 
Ih ^ islands as a Territory of the United States. 

The VICE-PRESIDENT. The resolution will bo i-oferrod to 
the Committee on Foreign Relations. 

AIDS TO NAVIGATION. 

Mr. DOLPII. If there is no further morning business 

The VICE-PRESIDENT. Is there further morniner business? 
If not, t.'iat order is closed, and the Calendar under Rule VIII ia 
in order. 

Mr. DOLPH. I move that the Senate proceed to tho consid- 
eration of the bill (H. R. 9!i.j5) providing for sundry light -houses 
and other aids to navigation. The bill was under consideration 
by the Senate several days ago, and I think it will not take long 
to dispose of it. 

The VICE-PRESIDENT. The Senator from Oregon moves 
I hat the Senate proceed to the consideration of tho bill in<iicat<;d 
by him. 

Mr. DOLPH. I do not wish to discuss tho motion to tflko up 
the bill or tho bill itself. I simply want to got up tho bill and 
let the reading proceed, and if the Senator from Missouri [.Mr. 
Cockrell] wishes to discuss it ho will have an opportunity to 
do so. 

The VICE-PRESIDEXT. The question is on agreeing to tho 
motion of tho Senator from Oregon. 

The motion was agreed to; and tho Senate, as in Committee of 
the Whole, proceeded to consider the bill, which had been re- 
ported from the Committee on Commerca with amendm nts. 

Mr. DOLPH. I ask that the amendments of tho committee 
be acted upon as they are reached in the reading of tho bill. 

The VICE-PRESIDENT. Such will bo tho order, in the ab- 
sence of objection. The bill will bo read. 

Mr. DOLPH. Let the reading proceed from the point reached 
when the bill was under consideration several days ago. 

The VIC [•'--PRESIDENT. That cours- will be pursued. 

The Secretary resumed the reading of the bill. 

Mr. COCKRELL. What bill is now being read? Let us un- 
derstand what is up for consideration. Did I correctly imder- 
stand the Senator from Oregon to move a substitute for the House 
bill? 

Mr. DOLPH. No; I moved that the bill be taken up for pres- 
ent consideration, and the motion was carried. 

Mr. COCKRELL. Did not the Senator then move to substi- 
tute the Senate bill? 

Mr. DOLPH. I simply asked that tho reading of the House 
bill might proceed from the point reached when it was under con- 
sideration before. 

Mr. COCKRELL. I thought the Senator asked that the Sen- 
ate bill be substituted. 

Mr. DOLPH. No; I do not wish to substitute the Senate l:ill. 
This is substantially the Senate bill; but the other Hou-e passed 
its own bill instead of the Senate bill and sent it here. 



1094 



C0NGEE8SI0NAL HEOORD— SENATE. 



Febeuahy 2, 



Mr BUTLER.. My vmdei-stauding has been that the hill for 
the r'atifluation of the agreement with the Cherokee Indians 
would come up this morning. , , . , .„ 

Mr. PLATT. That is the unfinished business and will come 
up at'2 o'clock, unless there is an appropriation bill in the way. 

Iiir. BUTLEK. I was going to suggest that we had better 
take that bill up in the morning hour. Why should we be going 
alou"- in a haphazard way with the Calendar? 

Mr. DOLPH. This bill will only take the time to read it. 
The Senator from Missouri wishes to make a speech, but that 
will not take five minutes. 

Mr. BUTLER. That is the case with a good many bills, and 
I do not know that one of them is entitled to preference over a 
good many others. 

Mr. DOLPH. The Senate has agreed to take this bill up. 

Mr. BUTLER. The Cherokee Outlet bill has been partially 
considered by the Senate, and I am e.Ktremely anxious to have 
itdisiiosed of, if possible. 

Mr. PLATT. I should be very glad to take that bill up at the 
present time if it were not that I understand the Senator from 
Iowa, the chairman of the Committee on Appropriations, pro- 
posLS to go on with the District of Columbia appropriation bill 
at 2 o'clock, which would almost undoubtedly break into the 
consideration of the bill relating to the Cherokee Outlet. As 
the Cherokee Outlet bill is the unfinished business and has the 
right of way, I thought it better to wait until we could con- 
sider it without interruption and dispose of it. 

Mr. BUTLER. I have no doubt we should be able to finish 
the bill by 2 o'clock. 

Mr. DOLPH. I call for the regular order. I ask that the 
reading of the bill befoi-e the Senate be proceeded with. 

The VICE-PRESIDENT. The reading of the bill will pro- 

Tlie Secretary resumed the reading of the bill and read to lino 
78, on page 4. 

The first amendment of the Committee on Commerce was, on 
page 4. line 75, after the word "on," strike out "north end:" 
and in'the same line, after the word "island," to insert "at a 
point to be determined by the Light-House Board;" so as to 
make the clause read: 

28 On North Manitou Islaucl, at a point to be determiued by the Light- 
House Board, a light and tog signal, at a cost not exceeding $20,000. 

The amendment was agreed to. 

The next amendment was, on page 6, beginning in line 114, to 
insert: 

Ou or near Butler Flats, entrance to the lower harbor of New Bedford. 
Mass., a light and fog signal station, at a cost not to exceed $45,000. 

Mr. DOLPH. The House of Representatives has passed a bill 
for this light, which the Senate committee has reported favorably. 
The amendment was agreed to. 
The reading of the bill was resumed. 

The next amendment of the Committee on Commerce was, on 
page G, after line 120, to insert: 

At Tibbets Point light, foot of Lake Ontario, New Yorlt, a fog signal at a 
cost uot exceeding S4,300. 

Mr. DOLPH. The Senate last evening passed a House bill 
which covers this item, and therefore this amendment may bo 
disagreed to. 
The amendment was rejected. 

The reading of the bill was resumed, and continued to the end 
of line 136, on page (i. 

Mr. COKE. I am directed by the Committee on Commerce to 
propose at this point an amendment, which I send to the desk. 
The VICE-PRESIDENT. The amendment will be stated. 
The Secretaby. After line 136, on page 6, it is proposed to 
insert: 

At or near the mouth of Brazos River, Texas, at such point as the Light- 
Houso Board may determine, a light-house, fog signal and lime light, at a 
cost not to exceed SlOO.OOO. 
The amendment was agreed to. 

The reading of the bill was i-esumed. The ne.xt amendment of 
the Committee on Commerce was, on page 7. line 146, after the 
word "point," to insert "which amount may bo used for said 
light-house and fog signal;" so as to make the clause read: 

Forty-seyenth. At Grays Harbor, Washington, a Urst order light-house 
and fog signal, at a cost not to exceed SCO.OOO in addition to the appropriation 
of $l.',fiflOmade in the act approved July 7, 1884, for a harbor light at this 
point, which amount may be used for said light-house and fog signal. 
The amendment was agreed to. 
The reading of the bill was resumed and concluded. 
The VICE-PRESIDENT. The bill is still before the Senate 
as in Committee of the Whole, and open to amendment. 

Mr. SAWYER. I have an amendment which I desire to offer, 
to come in after lino 103, on pag-e 5. 
The VICE-PRESIDENT. The amendment will be stated. 
The Secretary. After line 103, on page 5, it is proposed to 
insert: 

That there shall be a fog signal at Kewaunee, Wis., at a cost uot exceeding 
$5,500. 



The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

Mr. DOLPH. The Senator from Maryland [Mr. GOBMANJ haa 
an amendment which ho has been authorized by the Committee 
on Commerce to offer to the pending bill. When I called the bill 
up heretofore the Senator was here, and I thought he was pres- 
ent to-day, but I observe that he is not, and I ask that the fur- 
ther consideration of the bill bo postponed until he is present, so 
as to leave it open to him to offer his amendment, after which the 
bill can be put ou its passage without delay. I will call it up for 
that purpose as soon as the Senator from Maryland is here. 
Mr. PRYE. Is the bill now in the Senate':' 
Mr. DOLPH. The bill is now in the Senate. It has gone as 
far as we can go with it without cutting off amendments. I ask 
now to have its further consideration postponed. 

The VICE-PRESIDENT. The bill will bo passed over at the 
request of the Senator from Oregon. 

executive session. 
Mr. SHERMAN. I move that the Senate proceed to the con- 
sideration of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After 3 hours and 50 min- 
utes spent in executive session, the doors were reopened. 
DISTRICT OF COLUMBIA APPROPRIATION BILL. 
Mr. ALLISON. I move that the Senate proceed to the con- 
sideration of the District of Columbia appropriation bill. 

The motion was agreed to; and the Senate, as in Committee 
of the Whole, resumed the consideration of the bill (H. R. 10038) 
making appropriations for the expenses of the government of 
the District of Columbia for the fiscal year ending June 30, 1894, 
and for other purposes. 

The PRESIDING OFFICER (Mr. HARRIS in the chair). The 
reading of the bill has been coiApleted. 

Mr. ALLISON. The bill was read through yesterday. I de- 
sire now to return to page 17, line 1. An amendment was agreed 
to yesterday relating to the limitation of cost of the laboratories 
in connection with the gas works. That amendment should be 
inserted in line 5 after the word " Commissioners." I ask unan- 
imous consent that it may be transposed to that point and in- 
serted there, with the word "total" inserted before the word 
"cost;'' so that it will read " at a total cost not to exceed $1,000 

Mr. HUNTON. Is that a committee amendment? 

Mr. ALLISON. It is. 

The PRESIDING OFFICER. The amendment proposed by 
the Senator from Iowa will be stated. 

The Secretary. In line 1, on page 17, after the word " lab- 
oratories," it is proposed to strike out " at a cost not toexceed 
$1,01)0 each;" and in line 5, after the word "Commissioners," to 
insert "at a total cost not to exceed $1,000 each; " so as to read: 

That for securing a better fuiaument of the Intent ot an act entitled "An 
act regulating gasworks.'' approved June 23, 1874, two additional laborato- 
rie.-!, shall t)e provided and fitted up by the Washington Gaslight Company, 
subject to the approval of the Commissioners of the District ot Columbia, 
aud' shall be furnished with suital)le apparatus, to the satisfaction of the 
said Commissioners, at a total cost not toexceed $1,000 each for Inspectmg 
and testing the iUuminating gas manufactured and distributed by the said 
Washington GasUght Company and the gas meters used for measm-lng the 
gas supplied to consumers by the said Washington Gaslight Company, 

The amendment was agreed to. 

Mr. ALLISON. The same words, which were inserted in line 
15, on page 17, after the word "laboratory,"' should be transposed 
to line 20, and the word "total" also inserted. 

The PRESIDING OFFICER. The amendment will be stated. 

The Secretary. On page 17, line 15, after the word "labor- 
atory," itis proposed to strike out "at a cost not to exceed $1,000," 
and in line 20, after the word "Commissioners," to insert "at a 
total cost not to exceed $1,000;" so as to read: 

And for securing the better fuliillment of the Intent of the said act, a lab- 
oratory shall be provided aud fitted up by the Georgetown Gaslight Com- 
pany subject to the approval of the Commissioners of the District of Co- 
Itim'^bia, and shall be furnished with stiltable apparatus, to the satisfaction 
of the said Commissioners, at a total cost not to exceed $!,000, f or uispectlug 
and testing the illuminating gas m.auufactured and distributed by the said 
Georgetown Gaslight Company and the gas meters used for measuring the 
gas supplied to consumers by the said Georgetown Gaslight Company, 

The amendment was agreed to. 

Mr. ALLISON. On page 18, line 22, after the word " neces- 
sary," I move to insert " additional." 

The PRESIDING OFFICER. The amendment will be stated. 

The Secretary. On page 18, line 22, after the word " nec- 
essary," it is proposed to insert " additional; '' so as to read: 

A sum sufficient to riav the salary of an inspector of gas-fltting. to be ap- 
pointed by the Commissioners of the District of Columbia, at $1,000 per an- 
num, and also the necessary additional expenses of maintaining the service 
of inspecting and testing iUumiuatlng gas and gas meters, etc. 

The amendment was agreed to. 

Mr. ALLISON. In line 23, after the word " meters," I move 
to insert " herein provided for." 



1893. 



CONGRESSIONAL EECOKD— SENxVTE. 



1095 



Tho PRESIDING OFFICER. The amendment wUl be stated. 

The Secretary. On page 18, line 23, aftei- the word" me- 
ters," it is proposed to insert " herein provided for; "so as to 
read: 

And also the necessary additional expenses of maintaining the service ot 
Inspecting and testing illuminating gas and gas meters herein provided tor, 
as estimated by the Commissioners ot the District ot Columbia. 

Tho amendment was agreed to. 

Mr. ALLISON. In line 25, after the words " District of Co- 
lumbia," I move to insert what I send to tho desk. 

The PRESIDING OFFICER. The amendment will be stated. 

The Secretary. On page 18, line 25, after the word "Co- 
lumbia," it is proposed to insert " not to exceed $500 per annum 
for each of said additional laboratories." 

Tlie amendment was agreed to. 

Mr. ALLISON. On page 19, line 15, 1 move to insert the words 
which I send to the desk. 

The PRESIDING OFFICER. The amendment will bo stated. 

The Secretary. After tho word " act," ou page 19, lino 15, 

it is proposed to insert: 

And for such inspection ot repaired metex's, aStee ot 20 cents each shall be 
paid. 

The amendment was agreed to. 

Mr. ALLISON. I ask to return to an amendment on page 35, 
which was passed overyesterday, relating to the District munici- 
pal building. 

Tho PRESIDING OFFICER. Tho Secretary will report the 
amendment which was passed over yesterday. 

The Secretary. On page 35, after line 22, the Committee on 
Appropriations report to insert: 

MUNICIPAL BITILDISG. 

The Commissioners of the District ot Colmnbla are herebr authorized and 
dire ted to obtain by advertisement, detailed plans, ostlm.ates. and speclil- 
cations for a fireproof municipal huildiui;. to cost not to exceed $.100,000, to 
be located on the reservation north of the Washington Market building, be- 
tween Seventh and Ninth streets NW., In the city ot Wiishin'^ton. 

The Commissioners shall select Irom tho plans, estimates", and speclflca- 
tiou.i received one, lor which $3,000 is hereby appropriated. The paj-meut 
of said sum to the successful competitor shall bo in fuU tor all claims or com- 
pensation whatsoever. 

]\lr. VEST. Mr. President, I hope that this amendment will 
not be agreed to by the Senate. Senators who were not present 
yesterday afternoon and failed to hear the statement made by tho 
Senator from Maryland [Mr. Gorman], who is necessarily ab- 
sent from his scat to-day, may perhaps be interested to know tho 
meaning of this amendment. 

In the first place, it seems to me that before entering into an 
expenditure of so large an amount for a jjublic building in the 
city of Washington the matter should have been referred toand 
investigated by the Committee on Public Buildings and Grounds. 

I make that statement in no spirit of criticism upon the Com- ■ 
mittee on Appropriations for having invaded the province of 
a coordinate committee or because I am a member of the Com- 
mittee on Public Buildings and .Grounds, but I do think that it 
would have be in safer to have allowed the matter to be fully 
investigated by tho committee to whoso jurisdiction it properly 
belongs. But, waiving that point in the discussion, I think that 
the erection of this building for the District of Columbia upon 
the park in front of the market on Pennsylvania avenue would 
disfig'ure and deface this magniflcent boulevard, and that no 
place could be selected ' for such a building so manifestly inap- 
propriate. 

Mr. President, as was said yesterday by tho Senator from 
Maryland, the class of people who will visit this building in the 
immediate vicinity of Center Market will bo disagreeable to the 
ladies of the city of Washington, who neces.sarily must go to 
that market from day to day. It seems to mo that the fact that Ihis 
property belongs to the Government should be an inferior con- 
sideration when we reflect that Pennsylvania avenue, the most 
beautiful sti-eet in the United States, if not in the world, should 
have this park as it is now, and it should not be occupied by an 
edifice, no matter how perfect may bo its architecture. This 
proposition comes to me without any previous consideration. I 
must confess that in every aspect of it, it does not commend itself 
to my approval. 

I was on the subcommittee which located the city post-oflice, 
and we condemned an entire block on Pennsylvania avenue for 
the purposes of a city post-oflBce. It was expected then, and 
stated in the debate when opposition was made to that proposi- 
tion in the Senate, that a portion of the building to be con- 
structed upon the ground which wo condemned for a city post- 
office could be used for the purposes of the Districtof Columbia. 
As a matter of course, all that building can not be taken up by 
the city post-office. It is contemplated that a portion of the 
business of the General Post-Office Department will bo trans- 
ferred to that building; but even if that should bs done, there 
will still be a large portion of it which can be used for the pur- 
poses of a municipal hall by the District. Unless the Commit- 



tee on Appropriations can present some overwhelming reason 
for taking tho ground in front of tho market place for the pur- 
poses indicated in this bill, I submit that it should not be done. 

In addition to that, any Senator who ha|)))eas to know tho pe- 
culiar form of that park will recognize the fact that it is not of 
tho shape and dimensions for such a building as contemplated 
by this araondmeiit. It may be that the committee have sorao 
information in regard to obtaining other ground, but as the park 
now is no suitable building for the purposes to which tliis 13 
proposed to be dedicated can be put upon that jjark. 

But, Mr. President, over and above all, I do protest against 
putting this proposed building there upon Pennsylvania avenue 
eliminating that park— and I use tho word advisedly— defatrlng 
this magnilicent boulevard by any such structure. If wo are to 
put public buildings upon that avonuo, it should bo done with 
the greatest care. I should be glad to see such ediliccs as tho 
Government needs lioreafter placed upon that side of Pennsyl- 
vaniii avenue, but I would never destroy one of these parks.' I 
have persistently and consistently as a moiuloi- of the Com- 
mittoo on Public Buildings aud Grounds fought every proposi- 
tion to do away with a single park in tho city of Washington. 

I believe that every Senator will agree with mo that the most 
charming feature of this city is the system of parks which wo 
have hero now. Is it possible that tho Governmentof tho United 
States, this immense Govornmont, is reduced to the ncces.sity of 
destroying one of those jiarks upon this magnilicent boule\^ftrd 
in order to put up a District building? ' 

Mr. BUTLER. May I inquire of the Senator where tho park 
is located y 

Mr. VEST. It is located right in front of tho large market on 
Pennsylvania avenue. 

Mr. MORGAN. On thy south side ot Ponnsj'lvania avenue, 
west of Seventh street. 

Mr. HUNTON. Called Market Space. 

Mr. VEST. It is proposed to place there a DLstrict building ^ 
for District purposes, for the use of tho Commissioners, for thi^^ 
police court, etc. '^^ 

I repeat, Mr. President, and I sjiouk as earnestly as I can aj)<5ut 
it, that, in my judgment, no such proposition should l^tnter- 
tained for a moment. 

Mr. McMillan. Mr. President, I was as much surprised as 
anybody to find that tho Commissioners of the District of Co- 
lumbia should recommend that particular pioco of ground for 
such a purpose. There is no doubt at all that there should bo a 
building erected for the uses of tho District. Wo are now pay- 
ing some $30,000 a year rent, and wo can well alTord tr) erect a 
handsome structure, costing, say .?500, 000, aud locondemn enough 
land on Pennsylvania avenue, the same as we did for tho city 
post-ofBco, so as to make a handsome square, and erect a biiil.l- 
ing that will be of proper design and be a credit to tho District. 
The piece of ground proposed to be taken is only 75 feet deo]). 
It is a long, narrow strip in asi angle. I think it will be vory un- 
suitable for such a building, and I shall certainly o]>po.se taking it. 

Mr. MORGAN. Mr. President, my observation in Wa-*hiug- 
ton is, that tho most dangerous spot in this town to men, women, 
and children is tho crost^ing of Seventh street and I' •• ' ■■ia 
avenue. The market is there, two of the cable lin. 1 

other there at right angles, the herdic lines i)a?- :. id 

almost every wagon in Washington sooner or later linds its way 
through that little narrow gorge. I have had occasion to cross 
it vory frequently in attending market hero, and never without 
I'cal peril, as I considered, to my safety. 

Now, to take tho city building, which is ono that necessarily 
draws a large mass of population ti it. and put it there would 
crowd the population in that little narrow space to such a degree 
that it would be extremely dangerous to human life. I think it 
would bo a very reckless thing for us to do. 

Besides, we have the suggestion made by the Senator from 
INIichigan that thei-o is a depth of land there of only 75 feet, 
which is not enough fora municipal building. Wo could notget 
a proper building on that space. I think. 

Mr. ALLISON. Mr. President, I wish to occupy only a mo- 
ment. The Committee on Appropriations inserted this item 
upon tho recommendation of the Commissioners of tho District 
of Columbia. Before doing so, however, they ma<le such investi- 
gation as they could respecting the situation there. This space 
is 700 feet in length, and at the point where tho building is to be 
constructed it is 100 feet in width, with ample surrotmdings. so 
that a building can be constructed 300 feet in length and M) feet 
ill width. Itwill bo]50 feet from Seventhstreetand loOfcetfrom 
Ninth street. It will close up what I think is a very shabby 
appearance at that portion of Pennsylvania avenue. 

In 1871 Congress passed an act which provided that the Gov- 
ernment of the United States should purchase the interest of 
tho District of Columbia in what is known as the City Hall build- 
ing for $75,000 in order that the Government might have the en- 



109G 



CONGEESSIONAL RECORD— SENATE. 



February 2, 



tire Uhe of the City Hall biiildins' for court purposes. It was 
provided ia that act that the $75,000 should bo devot.'d to secur- 
ing ground for the erection of a municipal building between 
Seventh and Ninth streets on Pennsylvania avenue, and that the 
government of the District of Columbia should negotiate with 
what is known as the Washington Market Company, which has 
a lease of the large spa<;o below for ninety-nine years, for the 
space described in the amendment, which had already been 
leased for ninety-nino years to the Market C^pmpany. 

The Market Company, I understand, released this space of 
ground to the District of Columbia. Of course there was no 
mention of the purposes for which it might be used. In consid- 
eration of that lease there was a large rebate made in the annual 
rental. 

We find tho situation as we have found it for a good many 
years: and when wo are sacking to make an appropriation for a 
municipal building we always find an objection here and there 
to the location. The District of Columbia, as has boeu truly 
said by tha chairman of tlie committ 'e, has been for some ten 
or twelve y avs without a municipal building. I know if this 
beginning is not made and if this space is not used for such a 
purpose, whilst it may be in the dreams of Senators a wise 
thing to acquire a lot upon Pennsylvania avenue for this pur- 
poie, that dream will not be realized in the near future, in my 
belief. 

Under the guidance of the distinguished Senator from Mis- 
souri [Mr. Vest] we did i)rocure a square for the purpose of a 
post-oificj building in this District and for the (jenerai Govern- 
ment. We coniemned ground for a site for that building at a 
cost, I believe, of $l,20J,0J0, or at least $1,:2U0,000, bctwe 
Kleventh and Twelfth streets. It is true that when that w 
adopted in the Senatj it was stated that a portion of the ground 
could bo used for governmental purposes for the District, but 
afterwards when the plan came to be made for a city post-office 
it was decided that the whole ground space would bo required 
for the city post-office. 

Thereupon the two Houses in their wisdom, if it was wisdom, 
provided for the erection of an eight story building there, to ba 
paid for out of the funds of the United States Government, and 
for the erection of a building which is to cost $2,200,000 when 
completed: and every portion of that sjiace will be used by the 
Government of the United States, because it is hardly possible 
that we shall agree to allow the District of Columbia to enter a 
Vjuilding belonging exclusively to the United States when the 
United States itself is paying $lo0,000 or $1-40,000 per annum for 
rented buildings in this city. 

Now, the Committee on Appropriations have no pride about 
this matter. In fact, I may say in the confidence of the Cham- 
ber, if I can do so in the presence of our reporters, there was a 
division in the committee as respects the policy of providing for 
this plan of a building. I leave the whole matter, so far as I am 
concerned, to the Senate, and if Senators believe that this is an 
unwise thine to do, I am perfectly willing that it shall vote the 
amendment down. 

The PRESIDING OFFICER. The question is on agreeing 
to the amendment of the Committee on Appropriations. 

The amendment was rejected. 

Mr. STEWART. I desire to call the attention of the Senator 
from Iowa to a provision on page 15 concerning the contagious 
diseases hospital. Several gentlemen have spoken to me since 
that ])rovision was inserted in the bill by the committee, and 
have suggested that it is placed in the discretion of the Com- 
missioners to locate the hospital wherever they may find a place 
which they deem suitable; that this is a very wide discretion; and 
that they fear it might b-j located where it would be injurious to 
the pooyjle of the Districl. 

It is always very desirable that the location for a hospital of 
such a character shall bo where it will not affect the health of 
the inhabitants. These gentlemen suggested that if it were 
located anywhere to the north or northwest in any such direc- 
tion, the prevailing winds ai-e from that quarter, and it would 
be dangerous to the health of the city. They appeared to bo< 
very much concerned abo'.it the location of the hospita'. I should 
like to have the chairman make some statement as to the un- 
derstanding, if there is any understanding, where the hospital 
will be located if the provision is adopted. 

The PRESIDING OFFICER. The Chair will stite to the 
Senator from Nevada that the amendment having Ix-eu already 
agreed to as in Committee of the Whole, the Senate had better 
take acliou as in Committee of the ^Vhole on the bill, and when 
it comes into the Senate the amendment can be reserved, and 
any modification will then b3 in order. 

Mr. STEWART. I merely want an explanation from the 
chairman of the committee at present. 

Mr. ALLISON. If the Senate will indulge me for a moment, 
I hops the Senator from Nevada will see that there need be no 




reservation of this amendment. When the amendment was first 
prepared it was stated to us by the Commissioners of the District 
ot Columbia that they believed there was a site available belong- 
ing to the District, but we asked the Commissioners to make a 
careful examination of that site. They did make such an exam- 
ination and reported to the committee that the site the ,■ had in 
view, property belonging to the District, was not an available 
site, first, because thc:-.j were no reals leading to it, and secondly, 
b -CLiuse it was, I think, miles at least from Pennsylvania 
avenue, on the very edge of the District. It would, of course, 
be impo-sible to transport sick parsons that distance over roada 
not very good in some ])laces. 

But there is property belonging to the United States connected 
with the Insane Asylum, 350 acres, a portion of it in quite a re- 
mot 3 locality, distant from the asylum, in the direction of the 
Potomac, which the Comtuissioners believe may possibly bi used. 
However, we had not time to make the examination to see if it 
is available, and the provision was inserted in the bill leaving to 
the Commissioners the discretion as to the selection of a sit<3. 

I can not believe that the Commissioners would under any cir- 
cumstances locate a hospital of this charact<>r in a place danger- 
ous to the health of the people of the District. I think this dis- 
cretion is safely lodged in them. We therefore added a provision 
authorizing them to purchase a site, which they believe they 
can purchase at a reasonable rate within the District for the 
$12,000 appropriated. 

This hospital is 90 necessary to the health of the city that I 
trust no one will interfere with the appropriation here made, 
because I think it is a wise one, and I think it will be wisely ad- 

inistered by the Commissioners of the Dist.rict of Columbia. 

The PRESIDING OFFIC RR. The bill is before the Senate as 
Committee of the Whole and open to amendment. 

. MCMILLAN. I offer an amendment, to come in after the 
t lino on page 50, at the end of the bill. 

"■ PRESIDING OB''PICER. The amendment will bo read. 
Secretary. At the end of the bill insert: 

That from ana after tho passage ot this act It shall not be lawful tor any 
person or persons in the District of Columbia to en2:ago in tho trades, busi- 
ness, and professions specilied in the act otthe late legislative assembly ot 
the District of Columbia eutillsJ ■' An act Imposing a license on trales, busi- 
ness, and professions practiced or carried on in the District of Columbia," 
approved August 23, 1871, and the amendment thereto approved June -'0, 1872, 
except such parts thereof as have been repealed, without first having ob- 
tained a license therefor in accordance with the provisions of said act of as- 
sembly and said amendment; and any person engaging in any of said trades 
or in the business and ])rofessions specitied in said act and trie said amend- 
ment thereto within the District ot Columbia, without first having obtained 
a license therefor In accordance with the provisions of said act and the said 
amendment thereto, or who shall engage in any business in anv pan ot the 
said District where by existing law a license is pr,)hibUed, shall, on convic- 
tion thereof in the police court ot the District of Columbia, be fined not less 
than $10 nor more than .tUW, and a like lino or penalty for each subsequent 
offense, and in default of payment of such lino he or she shall bo imprisoned 
in the comm<jn .iail of said District not to exceed twelve months: Provided, 
That whenever the approval of the Commissioners is required to any appli- 
cation for a license \mder existing law or under regulation adopted by said 
Commissioners according to law, no person shall be deemed to have such li- 
cense until he or she .shall have obtained such approval. 

The PRESIDING OFFICER. The question is on agreeing 
to the amendment submitted by the Senator from Michigan [Mr. 
McMillan]. 

Mr. ALLISON. I think the amendment is in the nature of 
legislation and that there should be some explanation to go upon 
the record respecting it. I have been appealed to by the Com- 
mittee on the District of Columbia to allow the amendment to go 
on the bill, because of its pressing necessity. I hope some mem- 
ber of the District will state the purport of the proposed amend- 
ment. 

Mr. McMillan. I ask the Senator from Virginia [Mr. HUN- 
ton], who had charge of the bill in the Senate, which is now of- 
fered as an amendment, to make an explanation. The bill was 
passed by the Senate. The Senator from Virginiais thoroughly 
familiar with the law of this District. 

Mr. HUNTON. According to the law as it now stands all li- 
censes upon trades, professions, and business in the District ot 
Columbia depend upon the validity of the act of tho legislative 
assembly approved August 23, 1871, and the amendment thereto, 
approved .June 20, 1872. The licenses which have been issued 
in the District of Columbia since August 23, 1871, have been 
regulated by tho jirovisions of that act of the legislative as- 
soaibly. The act has recently been before the supreme court of 
th .'. District of Columbia in 'the case of The United States vs. 
Noah, and the supreme court of the District decided in that case 
that the act of the legislative assembly regulating licenses in the 
District of Columbia was a revenue act and that the penalties 
denounced in the act were aj^ainst the failure to pay the reve- 
nue. Consequently the court decided that where a party apply- 
ing for a license paid the money necessary to obtain such license, 
whether the Commissioners approved or disapproved of the 
place or anything of that kind, tho party had a right to go on 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1129 



reoommendation be referred to the Cummitteeon Appropriations 
with a view that the amounts reported be inserted by that com- 
mittee in the deficiency appropriation bill if, in the judgment 
nt tlie committee, that course should be taken. I accompany the 
bill with a report. 

I will say one word, with the consent of the Senate, with ref- 
erence to the report. The amount of claims included in the bill 
is precisely the same that was incorporated by the Sonata at 
the last session in the deficiency appropriation bill — the same 
claims, the same amounts, and nothing else. 

The VICE-PRESIDENT. The bill will be referred as an 
amendment to the Committee on Appropriations and will be 
printed. 

Mr. MORRILL, from the Committee on Public Buildings and 
Grounds, reported an amendment intended to bo ijropo.iod to the 
sundry civil appropriation bill, the amendment providing for an 
appropriation for post-office building at San Francisco, I'al., and 
moved that it be referred to the Committee on Appropriations; 
which was agreed to. 

He also, from the same committee, reported an amendment 
intended to be proposed to the sundry civil appropriatioa bill, 
the amendment providing for an appropriation of $S')0,000 for a 
custom-house building in New York City, N. Y.; which was re- 
ferred to the Committee on Approprialions, and ordered to be 
printed. 

He also, from the same committee, to whom was referred th.o 
bill (S. 3783) to amend the several acts of Congress relating- to 
the acquisition of property for a site and for the construction of 
a building for the custom-house in the city of New York, re- 
ported it with amendments. 

Mr. DAWES, from the Committee on Indian Affairs, to whom 
was referred the bill {S. 3812) to ratify and confirm an agreement 
with the Alsea and other bands of Indians located on tire Silotz 
Reservation, in the State of Oregon, and to make appropriation 
for carrying the same into effect, reported it with an amend- 
ment. 

Mr. FRYE, from the Committee on Commerce, reported an 
amendment intended to bs proposed by him to the sundry civil 
appropriation bill; which, with the accompanying paper, was 
referred to the Committee on Appropriations, and ordered to bo 
printed. 

DILLS INTRODUCED. 

Mr. VANCE introduced a bill (S. 3817) for the relief of W.W. 
Rollins, coUictor of internal revenue for the fifth collection dis- 
trict of North Carolina; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Finance. 

Mr. HARRIS introduced a bill (S. 3818) for the relief of the 
trustees of the Presbyterian Church of Bethel Springs, Tenn,; 
which was read twice by its title, and, with the accompanying 
House report, referred to the Committee on Claims. 

Mr. BLODCIETT introduced a bill (S. 38iy) granting a pension 
to Mary Doubleday, widow of Bvt. Maj. Gen. Abner Doubleday; 
which was road twice by its title, and referred to the Committee 
on Pensions. 

Mr. PETTIGREW introduosd a bill (S.3820) authorizing the 
purchase of certain of the school lands in the Territory of Okla- 
homa for cemetery purposes; which was read twice by its title, 
and i-eferred to the Committee on Public Lands. 

Mr. SHERMAN ( by request) introduced a bill (S. 3821) to au- 
thorize the construction of bridges across the Mississippi and 
Ohio Rivers, their navigable tributaries, and other navigable 
rivers in the United States; which was read twice by its title, 
and referred to the Committee on Commerce. 

Mr. JONES of Arkansas introduced a bill (S. 3822) to extend 
the lease to the big iron bath house at Hot Springs, Ark.; which 
was read twice by its title, and referred to the Committee on 
Public Lands. 

Mr. MITCHELL introduced a joint resolution (S. R. 145) au- 
thorizing the issue of duplicate medals where tlio originals have 
been lost or destroyed; which was read twice by its title, and re- 
ferred to the Committee on the Library. 

AMENDMENTS TO APPROPRIATION BILLS. 

i'- 

Mr. PEFPER submitted an amendment intended to be pro- 
posed by him to the sundry civil appropriation bill; which was 
referred to the Committee on Education and Labor, and ordered 
to be printed. 

Mr. CALL submitted an amendment intended to be proposed 
by him to the Post-Office appropriation bill; which was referred 
to the Committee on Appropriations, and ordered to bo printed. 

WITHDRAWAL OF PAPERS. 

Mr. CULLOM. I submit an order and ask unanimous consent 
tor its adoption. 



The order was road, as follows: 

Ordered, That the rules be susiwmleil, and that the Secretary of the Senate 
bediroctod to wlthdniw from the Hies of the Senate for exhibition :H the 
Worlds Columbian Kxposltlou. under the auspices of the Depirtnieut of 
State, a memorial of .Maria Uelina Amcrkvi Vt's|)ucil. praying a douaiion of 
laul, and that she bo ;idiuitlei to the rlghis of citl/.enshlp. 

Tlie VICE-PRESIDENT. The question is on agreeing to the 
order. 

Mr. COCKRELL. Let it go over. 

Mr. CULLOM. It Ls simply an order for the withdrawal of a 
paper that is on illo hero, and has bo^n for a good many \ ears. 
The purpose is to exhibit it at the WorUVs Fair under iho con- 
trol of the State Department. That is all there is of it. 

Mr. HARRI.S. Still, under the rules, wo can not suspend tho 
rules without giving one day's noticj except by unanimous con- 
sent. ■ 

Mr. CULLOM. I agree to that, and therefore I have asked 
unanimous consent. 

The VICE-PRIOSIDENT. Is there objection to the order? 

Mr. COCKRELL. I should like to see it in jirint, and I should 
like to know why this person wants to get a little iiotoriotv. 

Mr. CULLO.Nl. Let it go over. 

The VICE-PRESIDENT. The Senator fi-om Missouri objocte, 
and tho order will go over. 

CHARTERS AND STATE CONSTITUTIONS. 

Mr. QUAY submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

liem'.nd, That the ('onimltteo on th? Library be, an 1 It is hereljy. author- 
ized and instructed to Inijulre into and report to tho S.:nai« the advisability 
of preixvriug a new co-upllallon ot the various colonial charters and State 
Constitutions of ca h Stite ot tho Unite! States, to^tother with all aniund- 
nients thereto at any time in force. 

TESTIMONY ON l''AILED NATIONAL BANKS. 

Mr. CH.'VNDLER submitted tho following concurrent resolu- 
tion; which was referred to the Committee on Printing: 

lifnolvi^d by the St'it'iU (the House of liepresenlafices concurring). That tho 
Public I'rlnter be, and he Is hereby, directed to print and bind in muslin 
7.0(X) copies ot tho testimony taken by the .Senate Sele'tCommiiteiMiii Kallcd 
National Banks, tofiCeth'^r with tho report of the committee, of whi'li J.OOO 
copies shall be for tho use of the House, 1,000 copies for th- us-* nf the Sen- 
ate, and 1,000 copies to be distributed by the Comptroller of the Currency. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TcnvLES, its Chief Clerk, announced that the House had agreed 
to tho report of th j committee of conference on tho atn'mdment 
of the Senate to the bill (H. R. 10010) to establish a court of ap- 
lieals for the District of Columbia, and for other purpos s. 

The message also announced that the House liad agreed to tho 
concurrent resolution of the Senate toprint extra copies of Part 
I of the report of the Superintendent of the United States Coast 
and (Jeodetic Survey for the fiscal year ending .Tune 30, lsi)2. 

The message further anno.incod that the House had passed a 
bill (II. R. 10238) makintr appropriations for sundry civil ex- 
penses of the Government for tho fiscal year ending .June 30, 
1894, and for other purpo.ses; in which it recjuested the concur- 
rence of the Senate. 

The message also announced that the House had passed a con- 
current resolution providing for the printing of •t,.')0O coT)ies of 
Report No. 2278, relating to combinations between the Philadel- 
phia and Reading Railroad Company and other railroads; in 
which it requested the concurrence of the Senate. 

The message further announced that the Speaker of the House 
had appointed Mr. Chipman and Mr. LouuK ttdlers on the part 
of the House to count the electoral vote at the joint session of 
the two Hous.'S, February 8, 1893. 

Tho message a'so announced that tho House had disagreed to 
tho amendments of tho Senate to the bill IH. R. 1003S making 
appropriations for tho expanses of tho government of tho Dis- 
trict ot Columbia for the fiscal j-car ending Juno 30, 1S'.)4. and 
for other purposes, asked a conference with tho Se:iatc on tho 
disagreeing votes ot the two Houses thereon, and had appointed 
Mr. DocKERY, Mr. COMPTON, and Mr. Henderson of Iowa 
managers at the conference on the part ot tho House. 
ENROLLED BILLS SIGNED. 

The message further announced that the Speaker of tho House 
ha 1 signed the following enrolled bills; and they were thereupon 
si'med by the Vice-President: 

A bill (S. 509) granting an increase of pension to Thomas J. 
Matlock: „ , 

A bill (S.33H) to refer claim of Jessie Benton Fremont toccr- 
tain lands, and the imin-ovements thereon, In San Prjincisco, 
Cal., to tho Court of Claims; 

A bill (S. 37.i3) relatingto the anchorage and movement of ves- 
sels in the port ot Chicago; 

A bill (H. R. 5012) to increase tho pension of Thomas Knlow; 

A bill (H. R. 5752) to amend the act appt oved August (i, 1888, 



1130 



CONGRESSIONAL RECORD— SENATE. 



Februaby 3, 



eatitletl "An act to authorize tlie construction of a bridge across 
the Alabama River;" 

A bill (H. R. 8602) to authorize the construction of a bridge 
across the Mobile River by the Chicago, Mobile and Gulf Ports 
Railroad Couipauy, 

A bill (11. R- ■'^956) establishing a fog signal at Tibbsts Point, 
Lake Ontario, New York; 

A bill (BI. R. 9433J granting a pension to Mrs. Ann Merer 
Slauohtcr: and 

A Villi (II. R. 10053) to amend "An act authorizing the con- 
struction of a high wagon bridge across the Missouri River at or 
near Siou.x City, Iowa," etc. 

KIGKAPOO INDIAN LANDS. 

The VICE-PRESIDENT. If there be no further morning busi- 
ntss that order is closed and the Calendar under Rule VTII is 
in order. 

Mr. TELLER obtained the floor. 

Mr. DAWES. The Senator from Colorado has kindly yielded 
to me to ask the consideration by the Senate of a bill before he 
proceeds with his remai-ks. Thsre is a bill upon the Calendar 
similar to one passed a day or two ag-o in my absence, which is in 
a pi^culiar situation. It will not cause any debate. The Senate 
has passed one bill and the other House has passed another. The 
Senate Committee on Indian Affairs have reported back the House 
bill with the substance of the Senate bill jiut in place of the House 
bill. I understand that the bill is satisfactory to everybody and I 
want to get it into eoaference. It relates to the Kickapoo agree- 
ment. I hope the Senate will indulge me long enough to get 
that bill passed through its ditTerent stages. If it causes any de- 
ijate I will withdraw it. 

Mr. TELLER. I yield for that purpose. 

Mr. DAWES. I a'sk the Senate to proceed to the considera- 
tion of the bill (H. R. 7033) to ratify and conlirm an agreement 
with the Kickapoo Indians in Oklahoma Territory, and to make 
apjiropriations for carrying the same into effect. If it causes 
any expenditure of time beyond the reading I will not ask the 
indulgence of the Senate at this time. 

Rv unanimous consent, the Senate, as in Committa&^£;vj ,he 
Whole, proceeded to consider the bill, which had been^pbi'ted 
from the Committee on Indian Affairs, with an amendment to 
Strike out all after the enacting clause and insert: 

That said agreement be, ana the same lioreby Is, accepted, ratified, aud 
conlirmed, except as to article .5, wliicli is modiiled aud changed on the part 
ot tlie United States so as to read as follows: 

" In addition to the allotments above provided for, and the other benefits 
to lie received under the preceding articles, and as the only further consider- 
ation to be iJaid tor the cession and relinquishment of title above recited, 
the United States asret'S to set apart and deposit in the Treasury ot the 
tTnlted States the sum of .t6i,(550, for the use ot said IClckapoo Indians, which 
shall bear interest while so sut apart at the rate of f> per cent per annum: 
Prciridfil, That the number of allotments of laud provided tor sliall not ex- 
ceed three hundred; but it the number of allotments shall exceed three 
huiiilved, then there shall ho deducted from the said sum of $44,650 the sum 
ot &) for each allotment in excess of the three hundred, and one-third of 
the principal thereof shall be distributed by the Secretary of the Interior 
per capita among the Indians taking allotments under said agreemeut after 
deducting from the same to be paidto John T. Hill for serrtces rendered 
sai'il Indians by him such sura, not exceeding 85,172, as shall, after the pas- 
sage ot this act, be determined tipon by said Indians in open council called 
for that purpose, the remaining two-thirds thereof to be subject to expendi- 
ture by the Secretary of the Interior, from time to time and in such amounts 
as ho shall deem best, in the construction of roads and bridges, the building 
of school houses, the maintaining ot schools, and in such other expenditures 
as shall from time to time bo deemed necessary for the promotion ot civil- 
ization aud self-support among such of said Kiclcapoos as hold, exempt 
from taxation, land In severalty under the laws of the United States," 

And as so modified said agreement is accepted, confirmed, and ratified: 
Provided, That this act shall take effect only upon the acceptance of and con- 
sent to the modifications and changes made by the United States to said 
agreement by the said Indians, in manner and form as said agreement was 
assented to. which acceptance and consent shall be made known by proclama- 
tion of the President of the United .States upon satisfactory proof that said 
acceptance and consent have been obtained in such manner and form. 

Sko. 3, That for the purpose of carrying into effect the pros'isions of the 
foregoing agreement, there is hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, the sum ot $6i,6'.0, to be distributed 
amcng said Kickapoo Indians as provided in article 5 of said agreement, as 
lien-iubefore amended: Prodded. That any portion of said suiu which may 
be deposited in the Treasury of the United States shall bear interest at the 
rate of 5 per cent per annum, said interest to be expended annually for the 
benefit of said Indians in such manner as hereinbefore prortded. 

Sec. 3. That for the pm-pose ot making the allotments and payments pro- 
vided for in said agreement, Including the preparation ot a complete roll of 
said Indians, the pay and expenses ot a special agent, it the President thinks it 
necessary to appoint one for the ijurpose, and the necessary surveys or re- 
siu'veys, there be, and hereby is, appropriated, out of any moneys in the 
Treasm'y not otherwise appropriated, the sum of $5,000, or so much thereof 
as may be necessary. 

Sec. 4. That whenever any of the lands acquired by this agreement shall, 
by operation ot law or proclamation of the President of the United States. 
be open to settlement or entry, they shall be disposed of (except sections IS 
and :W in each township thereof) to actual settlers only, under the provisions 
of the homestead and toTvn-site laws (except section2301 of the Revised Stat- 
utes of the United States, which shall not apply) ; Provided, however. That 
each settler on said lands shall, before making a final proof and receiving a 
certificate ot entry, pay to the United States tor the land so taken by him, 
in addition to the fees provided by Law, and within five years from the date 
ot the first original entry, the sum of $1.50 an acre, one-halt ot which shall 
be paid within two years; but the lights ot honorably discharged Union 



soldiers and sailors, as defined and described in sections 2301 and 2305 of the 
Revised Statutes of the United States, shall not be abridged, except as to the 
Btim to be paid as aforesaid. Untli said lauds are open to settlement by 
proclamation ot tlie President ot the United States, no person shall be per- 
mitted to enter upon or occupy any of said lands; and any person violating 
this iirovlslon shall never be permitted to make entry of any of said lands 
or acquire any title thereto; Provided, That any person having attempted 
to, but for anv cause failed to acquire a title In fee under existing law, or 
who made entry under what is known as the commuted provision of the 
homestead law, shall be qualified to make homestead entry upon said lands. 

Mr. DAWES. I desire to offer an amendment to the amend- 
ment of the committee. At the end of section 2, line 11, on the 
twenty-first page, I move to add the following additional proviso: 

Provided further, That none of the money or interest thereon which is by 
the terms of said agreement to be paid to said Indians shall be applied to 
thep.ayment of any judgment that has been or may hereafter be rendered 
under iheprovlsions of the actot Congress, approved March 3, 1891, entitled 
"An act to provide for the adjudication and payment of claims arising from 
Indian depredations." 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The amendment was ordered to be engrossed, and the bill to 
be read a third time. 

The bill was read the third time, and passed. 

The preamble was agreed to. 

Mr. DAWES. I move that the Senate request a conference 
with the House of Representatives on the bill and amendment. 

The motion was agreed to. 

By unanimous consent, the Vice-President was authorized to 
appoint the conferees on the part of the Senate; and Mr. Dawes, 
Mr. Pl.\TT, and Mr. JoNES of Arkansas were appointed. 
PRESIDENTIAL APPROVALS. 

A message from the President of the United States, by Mr. O. 
L. Pruden. one of his secretaries, announced that the Presi- 
dent had on this day approved and signed the following act aud 
joint resolution: 

An act (S.3115) for the relief of Clement Reeves; and 

A joint resolution (S. R. 124) directing the Secretary of War 
to investigate the subject of raft-towing on the Great Lakes and 
4b^ connecting waters. 

SETTLEMENT RIGHTS ON PUBLIC LANDS. 

Mr. PETTIGREW. I ask unanimous consent at the present 
time to call up the bill (H. R. 7028) to protect settlement rights 
where two or more persons settle upon the same subdivision of 
agricultural public lands before survey thereof. 

Mr. TELLER. 11 it will not take any time I will yield for that 
purpose. However, 1 wish to submit a few remarks to the Sen- 
ate. 

Mr. PETTIGREW. The bill has been read through, and it 
will take no time, I think, to dispose of it. 

Mr. COCKRELL. I wish to say to the Senator from Connec- 
ticut [Mr. Platt], and also to the Senator from Colorado [Mr. 
Teller], that three or four very important amendments have 
already bean offered to the bill. Two additional amendments 
are to "be proposed, I understand. I am certain the bill willlead 
to discussion and will consume all the morning hour. 

Mr. BERRY. I will state that I do not think it will require 
any discussion, with due respect to the Senator from Missouri. 
The Committee on Public Lands have agreed on the amend- 
ments. 

Mr. COCKRELL. Have the committee agreed upon the 
amendments? 

Mr. BERRY. The committee have agreed on the amendment 
reported by the Senator from South Dakota [Mr. Pettigrew]. 
There may be additional amendments; I do not know about that. 
They have not agreed on the additional amendments, but the 
amendment proposed by the Senator from South Dakota, the 
principal amendment, was agreed on. I do not know whether 
there are other amendments or not. 

Mr. COCKRELL. I think the bill ou^ht to be passed, but it 
ought to be considered. Let us go on with it. I interpose no 
objection. 

By unanimous consent, the Senate, as in Committee of the 
Whole, resumed the consideration of the bill (H. R. 7028) to pro- 
tect settlement rights where two or more persons settle upon the 
same subdivision of agricultural public lands bef roe survey there- 
of, the pending question being on the amendment of Mr. Petti- 
GREW. 

I^Ir. PASCO. I wish to say that I objected to the considera- 
tion of this amendment the other day because some action had 
been taken in the committee during my absence, but I am in- 
formed by other members of the committee that it meets their 
views substantially. I therefore make no objection now to the 
consideration of the amendment. 

The VICE-PRESIDENT. The question is on the amendment 
of the Senator from South Dakota [Mr. Pettigrew]. 



1893. 



CONGRESSIONAL EECOED— SENATE. 



1175 



of the Senator from Missouri [Mr. Cockrell]. I concurred in 
the unanimous consent given a day or two ago that this hour 
should be devoted to unobjected House bills, but I wish to say 
that I think the practice which is growing up in the Senate of 
making such orders towards the close of a session is being car- 
ried too far, and I do not propose to give my consent hereafter 
to such ari-angements being made as extensively as heretofore. 

Such an arrangement gives to the other House a great advan- 
tage in legislation over the Senate, because it enables the House 
of Kcpresentatives during the last month or two of a Congress to 
send up and demand our attention to their bills (which are not 
passed under their rules with anything like the caro bills are 
passed hero, bcca-jse they have the previous question), and to 
prevent the Senate from sending to the other House and getting 
like consideration for matters which it has carefully investi- 
gated. 

I know of several bills which are ready to be reported to this 
-body by committees of the Senate, bills clearly desirable for the 
public interest, which I think will not have a single dissent when 
they are brought to the attention of the Senate, and which ought 
to be taken up and passed here and go down to the other House 
and be passed there: but if we give all our time to unobjected 
House bills that can not be accomplished. 

I propose hereafter in making these arrangementis to see, if I 
can, that some proper time is reserved also for business origi- 
nating in the Senate, which is now mature and ready for our con- 
sideration and which ought to go down to the other House and be 
passed there. But I make no objection to the pending order. 

Mr. FRYE. Let us have the regular order. 

Mr. COCKRELL. I think the Senator from Massachusetts is 
eminently right: but some of these House bills were reported 
from our committees at the last session, and if we now simply 
dispose of the cases which have been w^aiting wo can make the 
others take a back seat. 

Mr. CULLOM. Let the bill now reached on the Calendar be 
proceeded with. 

SAFETV OF LIFE ON RAILROADS. 

The VICE-PRESIDEKT. The bill (H. R. 9350) to promote 
the safety of employes and travelers upon railroads by compell- 
ing common carriers engaged in interstate comni^ce to equip 
their cars with automatic couplers and continuous brakes and 
their locomotives with driving wheel brakes, and for other pur- 
poses, is before the Senate as in Committee of the Whole: and 
the amendment reported by the Committee on Interstate Com- 
merce as a substitute will be read. 

Mr. HARRIS. I beg to make a suggestion to the Senator from 
Illinois, the chairman of the Committee on Interstate Commerce. 
He will remember, as I do, that this was a prettj' seriously con- 
troverted point in committee, and the Senator from Maryland 
[Mr. Gorman], the Senator from Ohio [Mr. Brice], and the Sen- 
ators from New York, all of whom took more or less interest in 
the matter, are absent now. I ask him to let the bill go over. I 
do not want to object to it, but let it go over for the present un- 
til at least some of those Senators may be present. 

Mr. CULLOM. I was not aware, until the Senator from Ten- 
nessee called my attention to the fact, that these members of the 
committee are not present. I think, however, that I shall not 
object to the suggestion of the Senator from Tennessee in view 
of the actual absence of those members of the committee; but I 
think there became very little opposition to the bill as the Senate 
committee finally agreed upon it. So I anticipate that when 
those Senators are present they will not oppose it. But stiU, 
without knowing definitely about that, if the Senator from Ten- 
nessee thinks the bill ought to go over, I have no objection to 
its going over. 

Mr. HARRIS. I do not want to make the objection, but I 
will remind the Senator of the fact that I was a member of the 
committej who voted against reporting the bill, not because I 
thought the pi'ovisions of it unwise, but I must confess to the 
Senate that I was controlled largely, if not absolutely, by the 
fact that the passage of the bill at this time would put into the 
hands of a receiver a great majority of the Southern railroads. 

Mr. CULLOM. In answer I will say that the Senator and I 
are so nearly always together on these questions that I had ac- 
tually forgotten he took the other side. But so far as this bill 
is concerned there was very little objection made to it, because of 
the extension of time the committee sought to give to enable the 
railroad companies to comply with the proposed act. There is 
some objection on the part of some gentlemen representing 
Southern roads especially, and possibly some others, but gener- 
ally my recollection is that the common carriers of the country 
thought it a reasonable bill, and that if anything at all is to be 
passed there could not be a much more liberal measure than the 
one proposed by the committee. 

While I am upon the floor and will allow the bill to go over, I 



desire to say that the committee has had such a bill before it for 
three or four years, and in the mean time there liave been con- 
stant appeals to us to legislate on the question, tlie appeals 
comiug from the people, from the Presidentof the United States, 
from the railway commissions of States, etc. I am very anx- 
ious that the Senate shall take up the bill very early and dis- 
pose of it. 

Mr. COCKRELL. The point where we loft ofT when the Cal- 
endar of House bills was up before is Order of Business I lt>5, 
House bill .'■)705, and I object to proceeding in this way. 

Mr. FRYE. I hope we shall go on with the Calimdar. There 
has been a waste of lifteen minutes already. 

Mr. HUNTON. I desire to say to the Senator who haschargo 
of the bill that has just bacn called, that I hope ho will let it go 
over. 

Mr. CULLOM. I understand objection has been made and I 
have no discretion about it, under the rules. I want the bill to 
keep its place on the Calendar, however. 

The VICE-PRESIDENT. The bill goes over without preju- 
dice. 

PRESIDENTIAL APPROVAL. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of his secretaries, announced that the P'rosidpiii 
had on this day approved and signed the act (S. 9S">i to pr(m?Tr^ 
for the enlargement of the military post at Fort Wayne. Mich. 
ORDER OF BUSINESS. 

The VICE-PRESIDENT. The Chair wishes to inouiru 
whether it is the desire of the Senate to continue the considera- 
tion of the Housj bills on the Calendar at the point where they 
were discontinued on Wednesday evening or to go on from the 
first House bill favorably reported, as wo have started. 

Mr. PLATT. When wo proceeded with the rontiideration of 
House bills on Wednesday we went on the Calendar certainly as 
far as page 1.5. 

Mr. COCKRELL. Wo got to Order of Business 1195. on page 
16. That is exactly whore we stopped. 

Mr. PLATT. I believe that was the place, and that is where 
wo should sta,rt now. 

Mr. COCKRELL. I insist on that course. 

Mr. PKYE. Why not go ahead and not consume time In this 
manner? 

Mr. PLATT. We want to know where to commence. 

Mr. FRYE. Fifteen minutes have been consumed already. 

Mr. FELTON. I understand the agreement to Ije tliat we are 
to commence with the Calendar and go through with the House 
bills. 

Mr. COCKRELL. Very well, let us go back to the place 
where anyone wants to begin. We shall get along very rapidly 
hereafter. 

The VICE-PRESIDENT. The call of House bills will begin 
with the first one on the Calendar favorably reported. 

BILLS PASSED OVER. 

The bill (H. R. 7827) to enable the people of the Tcri-ltory of 
Utali to provide for the collection, arrangement, and display of 
the products of said Territory at the World's Columbian Expo- 
sition of 18!):! was announced as next in order. 

Mr. COCKRELL. I object to the consideration of that bill. 

The VICE-PRESIDENT. Objection is made, and the bill will 
bo passed over. 

The bill (H. R. 3594) for the relief of the Stock bridge and Mun- 
see tribe of Indians in the State of Wisconsin was announced 
as next in order. 

Mr. SAWYER. I object to the consideration of that bill. 

The VICE-PRESIDENT. Objection being made, the bill will 
be passed over. 

The bill (H. R. 9286) to create the California d6bris commis- 
sion and regulate hydraulic raining in the State of California 
was announced as next in order. 

Mr. COCKRELL. Let that be passed over. 

The VICE-PRESIDENT. Objection being made, the bill 
goes over. 

The bill (H. R. 1036) for the benefit of Logan, Simpson, Hardin, 
and Hart Counties, and of the city of Louisville. Ky., and of 
Sumner and Davidson Counties, Tenn., was announced as next 
in order. 

The VICE-PRESIDENT. The bill has been read at length. 

Mr. PLATT. It was passed over the other day under objec- 
tion. 

Mr. COCKRELL. Let it be passed over again. 

The VICE-PRESIDENT. Objection being made, the bill will 
go over. 

M.-. CHANDLER. House bill 103G was passed ovei- on my ob- 
jection. I withdraw my objection to it. because the chairmmi of 
the committee is ready "to make an explanation. 



1176 



CONGRESSIONAL RECORD— SENATE. 



Februaey 4, 



Mr. COCKRELL. It has been objectsd to. 

Mr. CHANDLER. And I withdraw the objection. 

Mr. COCKUELL. It is object od to now. 

The VICE-PRESIDENT. Objection is made, and the bill will 

go over. . . , . , , ^ 

Mr. CHANDLER. I do not understand that it is objected to. 
The remark was made by the Senator that it was objected to the 
other day. I withdraw that objection. 

Mr. HARRIS. The Senator from Missouri asked that it bo 
passed over within the last half minute and upon his request it 
goes over. 

Mr. CHANDLER. I did not understand that. 

The VICE-PRESIDENT. That was the understanding of the 

Chair. . , j 

Mr. COCKRELL. Nobydy knew hov/ much was involved or 
anything about the amuuut. If the Senator from Oregon can 
make aii explanation let us take it up. 

Mr. CHANDLER. He can. That is the reason why I asked 
to have it taken up. , . ., 

Mr. MITCHELL. I think during the day I can explain the 
amount. I ask that the bill may go over for the present and re- 
tain its place. . , . ., , 

Mr. COCKRELL. That is right. Let it retain its place in 
order that the chairman of the committee may get some infor- 
mation. ,, . , ,, 

The VICE-PRESIDENT. The bill will go over informally. 

AMELIA GRAHAM. 

The bill (H. R. f)70.5) to increase the pension of Amelia Gra- 
ham was considered as in Committee of the Whole. It pr0))0ses 
toiilace the name of Amelia Graham, widow of Erancis Graham, 
late a private in Capt. .1. Morris's Comiiany, Pennsylvana Mili- 
tia, in the war with Groat Britain, upon the pension roll at *i5 
per month. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

HARVEY LYON. 

The bill (H. R. S92'>) to increase the pension ot Harvey Lyon 
was considered a-i in Committee ot the Whole. It proposes to 
increase the pension of Harvey Lyon, a veteran of the Mexican 
war, wounded in the storming of Chapult-pec, and who served 
as captain of Company B, Tenth Michigan Infantry, in the civil 
war, from $8 to $1.5 per month. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

SAMUEL S. ANDERSON. 

The bill (H. R. 7099) granting an increase of pension to Samuel 
S. Anderson was considered as in Committee of the Whole. 

The bill was reported from the Committee on Pensions with 
an amendment, in line 8, before the word," dollars," to strike out 
"twenty-five" and insert "twenty; " so as to make the bill read: 

Be it aiaclni. He, That tlie Secretary ot the Interior be, and he herebv Is 
authorized aud directed to place on the pension roll subject to the liurtta 
tions and restrictions ot the pension law, the name of Samuel S. Andjrson, 
of Ixiuisville Ky., a soldier in the war with Mexico, and pay him at the rate 
of $-J0 a mouth, in lieu of the amount he is now receiving. 

The amendment was agreed to. 
Mr. PLATT. Let the report be read. 
The VICE-PRESIDENT. The report will be read. 
The Secretary read the following report, submitted by Mr. 
Sawyer January 13, 189.'(: 

The Committee on Pensions, to whom was referred the bill (H. R. 7099) 
granting a pension to Samuel S. Anderson, have examined the same, and 

''^\'our committee hereby adopt the report of the House of Representatives 
with an amendment. It is hereby amended by striking out the word " hve 
at the end of line seven, so as to read •■ twenty," and that the bill do pass as 
amended. 

HOUSE REPORT. 

The Committee on Pensions, to whom was referred the bill (H. R. 7099) 
gi-anting an increase of pension to Samuel S. Anderson, have considered the 
same, and report: , , , ^ .,. c 

The claimant was a Ilrst lieutenant in Capt, Luther s company of the Sec- 
ond United States Artillery in the war with Mexico. He was a graduate 
from th^ Unlt.Hl States Military Academy and .appointed brevet second lieu- 
tenant Second Artillery July 1. 1S41; promoted second lieutenant January 
4 1842- lirsllieutenaut March 3. 18-17, and captain March 8,1855. He resigned, 
to take effect April 27, 1861. The records further show that he served m 
Mexico duriuK the entire war with that country, and he is now in receipt of 
the pension of f8 per month provided by law for such service. 

In his petition for an increase of his pension the claimant states that he 
was brevetted captain and major, respectively, for gallant and meritorious 
conduct in the battles of Molina del Rey and Chapnltepec, and that while so 
serving he contracted hernia, from which he has suffered ever since. He 
further states he is now 73 years old, penniless, and dependent upon charity 
for support. „ ,, ^ , ., 

Hons. Walter Evans, S. B. Buckner, J. Proctor Knott, and several other 
distinguished citizens of Kentucky join the claimant in petitioning Congress 
to grant an iucrease ot the pension. The gentlemen signing the petition 
state that they know the claimant well, and sincerely hope his prayer will be 
granted. 



Dr, D. W. Yandell, ot Louisville, Ky., certifies to the long-continued suf- 
fering of the claimant from an incurable rupture, and also to his penniless 
and helpless condition. 

Mr. PLATT. When does the report state thisofflcer resigned 
from the United States Army? 
The VICE-PRESIDENT. April 27, 1861. 
Mr. PLATT. That is about the date when Port Sumter was 
fired upon. The probability is that he resigned to go into the 
Confederate army. I do not exactly see why we should increase 
the pension of a soldier of the Mexican war who was a captain 
in the United States Army and undoubtedly resigned to go into 
the Confederate army, who has been pensioned under the law 
which pensions soldiers of the Mexican war generally at $8 a 
month and who can not get an increase of pension upon the 
ground of wounds or disease contracted in the service of the 
Mexican war. -I think I will object to this case. 

The VICE-PRESIDENT. Objection is made and the bill will 
go over. 

Mr. PLATT. If there is no objection to it, I will move that 
the bill ba recommitted to the Committee on Pensions for fur- 
ther examination. I do not wi.sh to do anybody an injustice. 

The VICE-PRESIDENT. The question is on the motion of 
the Senator from Connecticut to recommit the bill to the Com- 
mittee on Pensions. 

Mr. VEST. I should like to ask the Senatorfrom Connecticut 
what evidence he has that the ollicer went into the Confederate 
ai-my. 

Mr. PLATT. I have none. There is nothing said about it in 
the report except the day on which he resigned, which was the 
27 th day of April, Port Sumter having been fired upon, I believe, 
on the 19th. 

Mr. VEST. I know some officers ot the United States Army 
who resigned and did not go into the Confederate army. 

Mr. PLATT. Let the bill go back to the committee. I think 
we ought to have a fuller report upon the subject. I do not 
wish to do any one an injustice. 

Mr. BERRi'. When this bill has been regularly reported 
from the Committee on Pensions I can not see why it should be 
recommitted unless there is some kind of testimony showing 
that it is not a just claim. As is well known, I have not been 
much of an advocate of pensions in this Chamber, but I think 
the distinction the Senator from Connecticut attempts to draw 
at this late day and time is hardly Just or hardly fair. 

I do not know that the man is any worse— he is certainly not 
in my estimation— for having resigned on the 27th of April or 
any other time. I think that unless something can be produced 
tp show that it is an unjust claim there is no reason for recom- 
mitting the bill to the committee. 

The VICE-PRESIDENT. The question is on agreeing to the 
motion of the Senator from Connecticut to recommit the bill. 
Mr. SHERMAN. If an objection is made, the bill goes over. 
Mr. PELTON. I think we would proceed with business faster 
and in better order if we would take the Calendar as it stands. 
It is assumed that many of the bills, being pension bills, may be 
disviosed of rapidly. I have in charge one or two local measures 
which are of vital importance to the people whom I represent, 
and I apprehend if we do not reach them to-day we shall not 
reach them at this session. Therefore I am constrained to insist 
as far as the rules will permit that we shall keep to the Calen- 
dar and let each bill take its chance as we reach it. I thought 
tliat was the understanding when the order was made. 

The VICE-PRESIDENT. The question is on the motion 
of the Senator from Connecticut that the bill be recommitted to 
the Committee on Pensions. 

Mr. HARRIS. The bill had gone over under the objection of 
the Senator from Connecticut. The Senator from Connecticut 
asks unanimous content, I understand, that the bill be recom- 
mitted. 

The VICE-PRESIDENT. The Chair understood the Senator 
from Connecticut to make a motion. 

Mr. PLATT. I will enter an objection to the consideration 
of the bill. 
Mr. HARRIS. Very well; and the objection carries it over. 
Mr. COCKRELL. .That ends it. 

Mr. HARRIS. Is it to hold its place on the Calendar or go 
over under Rule IX? 
Mr. PLATT. Let it retain its place on the Calendar? 
The VICE-PRESIDENT. The bill will go over without preju- 
dice. 

Mr. MITCHELL. I ask leave to submit an amendment in- 
tended to be proposed to the Indian appropriation bill. 

Mr. HARRIS. I shall object to any routine morning business 
until after the morning hour has expired. Then routine busi- 
ness can come in. 

The VICE-PRESIDENT. Objection is made to the reception 
of any routine morning business at this time. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1201 



Mr. Ford was always popular in the enterprising city whicli 
lie afterward represented in Congress. Ho was in many respects 
typical of that remarkable, bustling, energetic, and prosperous 
city. His entry into political life was almost accidental, and his 
remarkable success in the public service was achieved without 
original intention or preparation for it. He was always an ac- 
tive member of the Democratic party, and was in the fall of 
1884 chairman of a city convention to nominate candidates for 
the Legislature. 

To his surprise, ho was nominated by acclamation as the first 
choice of the convention, and was handsomely elected. It did 
not take Mr. Ford long to establish his position as a leader in 
the Legislature. His party was in the minority, but it is no dis- 
credit to his associates of the majority to say that ho was a gen- 
uine leader from the first day of the session. Ho entered upon 
his duties with honesty and energy and carried them ovit with 
enthusiasm and ability. He was identified most prominently in 
this session of the Legislature with an effort for the restoration 
of capital punishment in Michigan. 

Caijital punishment had been unpopular for a long time, and 
efforts for its restoration had theretofore been overwhelmingly 
defeated, but Mr. Ford's effort was responsible for a great alter- 
ation in public sentiment, and while his bill did not become a 
law, he pressed it with such vigor that from that time there has 
been a very material and recognized change in public opinion 
upon the subject. Mr. Ford's experience and prominence ac- 
quired in the Legislature led to his being early discussed as a 
candidate for Congress in the fall of 1880. Although his district 
went Republican on the general ticket that year, Mr. Ford was 
elected to Congress by a very comfortable plurality. 

Mr. Ford's service began with the Fiftieth Congress. Before 
the close of the first half of his term he had taken a very promi- 
nent rank in the House of Representatives. He had been origi- 
nally appointed on some of tho most important committees of 
that body, and was early in his service placed at the head of a 
special committee of the House to investigate the question of 
immigi-ation, to vrhich he had given much attention for several 
years. 

This committee visited important cities in all parts of the 
country, acquired a mass of useful information, and made a com- 
plete and satisfactory report to the House. His work on this 
committee and his efforts generally in Congress rendered him 
very popular in his district. He was renominated for the Fifty- 
first Congress. In the election which followed the Republican 
party swept the district and Mr. Ford was bv_^aten by a very large 
majority, but his continued popularity was demonstrated by the 
fact that he ran very far ahead of his ticket. His defeat seemed 
only toemphasize his popularity and to give him renewed prom- 
inence in his party. 

When the Legislature met in the ensuing January, to elect a 
successor to Hon. Thomas W. Palmer, in this body, Mr. Mel- 
bourne Haddock Ford received the complimentary vote of all 
of the Democi'atic members of both houses of the Legislature for 
that position. 

In midsummer of 1890, Mr. Ford was made Chairman of the 
Democratic State Convention held in the city of Grand Rapids, 
which nominated the first successful State ticket of that party 
in the period of thirty-seven years. 

Later in the year he was, for a third time, nominated by ac- 
clamation for Congress. Notwithstanding his defeat of two years 
before, he entered the campaign with great vigor and spirit, and 
the popular confidence in him was once again demonstrated by 
his overwhelming return as a Representative-elect in the Fifty- 
second Congress. His position now seemed to be secure. It was 
believed by his partisans and friends that he was now to enter 
upon a continuous and successful career in the Hou^ of Repre- 
sentatives. He began faithfully preparing himself TOr this work 
of his. 

In tho spring of 1891 he was chairman of the committee on 
resolutions of the Democratic State convention. This was his 
last public service. On the 14th day of April, 1891, tho people 
of Grand Rapids and of the State of Michigan were universally 
shocked at the news of his sudden and altogether unexpected 
death. He passed away at the early age of 41, having achieved 
unusual success and having come to a position of foremost promi- 
nence in the affairs of his Commonwealth. 

Mr. Ford was generous, gallant, and chivalric. He was bril- 
liant, bravo, and patriotic. In public life he honored the State 
which honored him. His loss was keenly felt by tho people of 
his city, by his friends everywhere in Michigan, and by his 
colleagues in the Congress of tho United States, who had hoped 
to renew the acquaintance and enjoy tho society of this able, 
energetic, honest, and conscientious man. 

All that was mortal of our late associate lies in a beautiful 
grove dedicated to the dead, in the midst of that hive of life and 



industry, tho city of Grand Rapids. But we liavo absolut«> faith 
in the divine assurance that we may ho|>e that such men do not 
fail to live again. Serene confidence in tho future life was a 
cliaracteristic of our dead friend. 

The first remarks that ho ever made in Congress wore upon 
an occasion like this, when tho House of Kopresontntives paid 
tribute to one of his dead associates from our State. His oxi)res- 
sions of hope and confidence in tho continued life of tiiat dead 
colleague have a sweet savor to us now, for in liis words wo can 
ourselves express the faith that ho will live again. 

Sooner or lator— 

Ho said — 

the Angel of De:ith comes to \18 all. That thoro Is .i horeader overy man It 
seems to mo must believe. I can not conceive lu^w any one wUh li:i!ii:iii In- 
stlncts cau thiuk otherwise. If there exists a person who houeslly lu-lleves 
that when his eyes are closed In death nothing r.Miiatus, such a i>eVs<»ii la to 
IM pitied. When dust is rendered Into dust Is all I'li'ledV ^fo; 1 have sum»- 
tlilnt^ here in my Itmermost soul which tells mo thai this life Is not ihe end: 
that beyond all this we have a wider, a higher, a nobler destiny. There Ilea 
lu the human breast a something which says. "That Is not all." What an ou- 
couraslng hope, what a divine thing It Is tor this world, this Ixdlef In fiiiuro 
existence! 

Mr. DANIEL. Mr. President, tho character of tho living may 
bo estimated by the measure of rospQCt which they pay to Iboir 
dead . 

Human life is the most splendid and most wonderful inunifcs- 
tation of tho Creator's power. Earth ami heaven are married 
in its being. It is the most sacred as it is the most beaiitifiil 
and interesting of all earthly things. Its close, whether hy tho 
slow degrees of fading strength, or by the sudden stroke of dis- 
ease, or by tho violent hand of force, is the most shocking and 
appalling of all tho catastrophes of nature, and tho most inscru- 
table manifestation of our Creator's will. 

Wo can not grow familiar with death. The distance between 
us and it may bo brief in fact, but it must ever seem reinolo and 
far apart from us as long as wo dwell in the land of tho living. 
Its mystery can not ha penetrated. Its dignity can not be be- 
littled. We can not contemplate it save with awo and rever- 
ence. We can never know, until at least the veil ia lifted, the 
meaning of its dispensation. Yet wo may trust and hojio. 

Day by day our friends depart. Here as membersof small Ixjdies, 
like the House of Representatives and tho Senate, wo witness as 
upon a narrow field the process of switttransitionsand dissolving 
scenes. Men chosen by the people, spirits valiant, gifted with 
light and jiower and prowess, come to discharge theirdel^gatcd 
missions. They deliver their messages and disappear. Some 
are retired by changes of popular opinion, some of their own 
volition, some'by the final fate, but in a little while all are gone. 

Yet the scene is as busy as ever before. There are no vacant 
chairs. The great stream of natural life flows with increasing 
depth and volume, and fc woven of tho greatest who have floated ou 
its surface leave b.'hind them any proud monument or shining 
token of their days. 

But it docs not follow that their work was not important 
or that it was not ably and faithfully performed. 

It does not follow that their names arc not worthy to bocher- 
ished with gratitude and homage. 

The deeds that hold society in cohesion and harmony and 
guide its forces to increasing prosperity are those of the raasa 
that toH and think in their appropriato'sphores. To do to-day's 
work and let it go for its worth is not less the task of tho great 
than of the small. Whether it shine or no. whether it bo 
heialded or no, all tho same it has bocomi a factor for good, and 
is having its intluenco in shaping, expanding, and preservinp 
tho public weal. 

Yesterday we mourned asage of the Senate from my own State 
who had suddenlv vanished from our side full of years and hon- 
ors. To-day South Dakota, in the far Northwest, and South 
Carolina, the land of the Palmetto, have bent side by side over 
their dead. . 

And now we mouim the young and brilliant son of Michiffon, 
who was stricken down like a knighton the lists, while his llory 
heart was all aglow with the fury of battle and his weaponed 
arm was lifted in the press of conflict. 

Melbourne Haddock Ford was born in that young and vigormis 
Commonwealth which sent him hero, and whicli ha-i sent to our 
National Council, so many statesmen full of tho intollectual 
force and social grace, and of the energy and earnestness that 
have characterized its progressivo and enlightened civilization. 
He was a characteristic representative man of that aspiring and 
achieving people, and his had been a busy and eventful life. 

Whatever his hand hatl found to doho hiul don'> with his might, 
and his brief career was crowded with deeds that bespoke his 
fertile genius. , , , 

Born in 184>J, he had hastened while yet a boy to become a de- 



XXIV- 



-76 



1202 



CONGRESSIONAL RECORD— SENATE. 



FEBRUAEy 4, 



fendoi- of the flag that floated over his people, and which was 
sent fortli to battle. I respect liim for it. He entered the naval 
service just before the close of the civil war with the enthusiasm 
of the ing-enious youth who throughout this land heard the drum 
beat, and instinctively sought the ranks. 

As he laid aside the swoi'd and the echoes of strife died away, 
he took up the general tasks, the love, the hope of peace, and 
its c^ instructive duties. A clerk, a druggist, stenographer, a 
lawyer, an author, a politician, a State legislator, twice a mem- 
ber 'of Congress, the choice of his party for United States S.'na- 
tor and receiving its support — these successive, rounds of the lad- 
der ho mounted— and while his face full of hope still looked up- 
ward, and his strong hand was stretched upward, lo! death 
touched him and he fell. Warm affections and great interests 
and high hopes concentei-ed their dreams around him, which 
now alas! can only pour their sorrows upon his all too early tomb. 

I can not speak of Mr. Ford from the standpoint of intimate 
association with him. To recite his private virtues is the pleas- 
ing part of those who knew him better than myself and it has been 
well performed. But this I observe in his career that discloses 
his character on its marked and stronger features. Success had 
rewarded his efl'orts— he had been a member of the State Legis- 
lature, and then of the House of Representatives in the Fiftieth 
Congress. In that Congress he took decided positions upon pub- 
lic issues. 

Some of his views were unpopular. He was defeated and 
relegated to private life. The spell of his successive victories 
was1)roken. But, nothing daunted, he reentered the political 
field in 1890. He firmly and boldly advocated the doctrines which 
commanded his loyal convictions. The people discovered in him 
the stanch, true leader; and now triumphing upon the field 
that he had lost, he was reelected a member of the Fifty-second 
Congress of the United States. Well, might we apply to him 
the warrior's boast: 

Call me not shamed who ,im but overthrown; 
Thrown have I been, not once but many a time. 
Victor from vanquished issues at the last, 
And overthrower from being overthrown. 

Before that Congress assembled the victor was dead upon his 
shield. This I observed in Mr. Ford while he was in the public 
service here. 

Ho was full of push and energy, and grasped his duties with 
a comprehending mind and a firm industrious hand. 

Ho seemed tireless in his efforts to press to success the meas- 
ures confided to his care. I saw him on his appearance before 
• committees and in his tasks upon the floor of the House. I real- 
ized that there was a man in earnest, no trifler with things he 
had to deal with, a spirit resolute and restless, determined to 
do or die. 

I shall not prolong this poor and imperfect tribute save to add 
this thought: Mr. Ford belonged to that class of thoughtful, 
courageous, industrious men — well informed, justly ambitious, 
■with high ideals, and patriotic purposes, who correctly inter- 
pret the genius of this day and generation, and who are destined 
to lead and mold it. 

The freshness of youth was in his mind and heart. He bore 
upon his soul no burdens from the past which so lacerated it as 
to impair its generous impulses; and he entertained no prejudices 
which belittled his stature, clouded his reason, or impeded his 
pathway. 

Had he lived his career would have shed larger honor upon 
the State which gave him to the service of the nation, and grown 
into greater brightness around his name. 

Cut off even as he ripened for the great tasks that kindled his 

genius and his ambition, we can but bow to the wisdom and power 

..of our Maker who has so decreed and say " Thy will be done." 

fet we take to heart the lesson that is left to enrich our annals 

.the life of this noble young American statesman, who followed 
his^lth with fidelity, who did his deed with courage, and who 
now creased from labor, sleeps well. 

Mr. MoMILLAN. Mr. President, at the capital of the nation 
and in the halls of Congress more than anywhere else the fact of 
man's mortality is impressed upon the mind. Seemingly few 
and brief are the intervals when from all the public buildings 
and from the doors of both the House and the Senate the black 
badge of mourning is absent. To-day the Senate has been called 
to pay its tribute of respect to the memory of a young man, a 
man who was apparently just entering on a career of large use- 
fulness to -his State and nation. Trained at the Naval Academy 
for service in the great struggle, the war was ended before he 
could see active duty. 

The return of peace led Mr. Ford to seek success in civil life. 
His brightness and industry are sufSoiently indicated when it is 
said that he attained a high reputation in the difficult and la- 



borious profession of stenography. His jjopularity led to his 
election as a member of the Michigan State Legislature, and his 
service there was of so satisfactory a character as to lead the 
people of the Fifth district, which includes the great manufac- 
turing and commercial city of Grand Rapids, to send him to the 
House of Representatives. 

During his first term in that body he attracted the attention 
of the country to his work in investigating the subject of immi- 
gration. Defeated for roi'lection, after an interval of two years 
he was again elected to Congress, but died before he could take 
his seat. The esteem in which he was held by his own party 
throughout the State was shown by the fact that four years ago 
he was the caucus nominee of the Democratic members of the 
Legislature for the office of United States Senator. 

Such in brief is the record of a man who had crowded into the 
forty-two years of his lite experiences remarkably varied. The 
death of suoha man is a loss to his State, and in Michigan the 
mourning for him was widespread. In the beautiful city of 
Grand Rapids, where Mr. Ford made hishome, the grief was deep 
and sincere. 

It is fitting, therefore, that the Senate put on record its ap- 
preciation of Mr. Foi'd's services in behalf of his State and his 
country; and although my own personal acquaintance with him 
was slight, I appreciate the opportunity to pay this tribute to the 
worth of one whose reputation is a source of pride to every citi- 
zen of Michigan. 

Mr. President, I move the adoption of the resolutions. 

The resolutions were unanimously agreed to. 

MEMORIAL ADDRESSES ON REPRESENTATIVE STACKHGUSE. 

Mr. BUTLER. I ask the Senate to proceed to the considera- 
tion of the resolutions of the House of Representatives announc- 
ing the death of Hon. Eli T. Stackhouse, of South Carolina. 

The PRESIDING OFFICER. The Chair lays before the Sen- 
ate the resolutions of the House of Representatives, which will 
be read. 

The Secretary read as follows: 

In the House op Repbesentatfves, 
January 2S, 1S03. 

Sesolvfd, That the business of the House be now suspended that opportunltj 
may be given for tributes to the memory of the Hon Ell T. Stackhouse, late 
a Representative from the State of South Carolina. 

Resolved, That as a particular mark of respect to the memoiT of the de- 
ceased, and in recognition of his eminent abilities as a distinguished public 
servant, the House, at the conclvisiou of these memorial proceedings, shall 
stand adjourned. 

llesolved, That the Clerk communicate these resolutions to the Senate, 

Sesolved, That the Clerk be instructed to send a copy of these resolutions 
to the family of the deceased. 

Mr. BUTLER. I submit the resolutions which I send to the 
desk. 
The PRESIDING OFFICER. The resolutions will be read. 
The Secretary read the resolutions, as follows: 

Resolred, That the Senate has received with deep regret the announcement 
of the death ot the Hon. Ell T. Stackhouse, late a Representative from the 
State of South Carolina, and tenders to the family of the deceased the as- 
surance of its s3'mpathv in their bereavement. 

llesolved. That the .Secretary be directed to transmit to the family of Mr. 
Stackhouse a copy of the foregoing resolution. 

Mr. BUTLER. Mr. President, the Hon. Eli T. Stackhouse, 
late a member of Congress from the Sixth Congressional dis- 
trict of South Carolina, was born on the 27th day of March, 1824, 
in the district of Marion, in that State. He died on the 1-ith of 
June, 1892, in this city, and was buried near the place of his birth 
and home, at Little Rock. 

E.Ki'ept when absent in the military service of his State during 
the civil war. Col. Stackhouse spent his entire life where ho 
was Ijorn and buried. The high estimate of his neighbors, the 
many manifestations of their esteem and confidence in his integ- 
rity and ability, furnish the best tribute to his sterling qualities. 

He was reared on his father's farm without the advantages 
which wealth and opportimity afford, but he had that which was 
better, an honest heart, a clear head, and great tenacity of pur- 
pose. During the period of his youth his environments did not 
furnish many facilities for liberal education. This, however, 
did not deter him from individual exertions in the acquirement 
of knowledge, and at 19 years of age he devoted himself to teach- 
ing for the four following years, meanwhile studying hard for 
his own advancement. 

He retui-ned then to the farm and for the remainder of his life 
confined himself to the pursuits of agriculture. Residing in a 
section peculiarly favored with a most salubrious and healthful 
climate, and a soil well adapted to the highest state of cultiva- 
tion, he improved these natural advantages, and by the applica- 
tion of enlightened methods and advanced ideas achieved a suc- 
cess rarely reached in the business of farming. In fact he may 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1241 



tcr, I trust we shall have unanimous consent not to take a 
test vote this morning, butletusagree thaton Thursday, or any 
other day— I do not care when it is— the matter shall como up 
and be discussed. 

Mr. SHERMAN. If the Senator will allow me, the whole mat- 
ter turns upon the question whether the Senator from New York 
moved to proceed to the consideration of the bill referred to. If 
he did, he can, as a matter of course, withdraw that motion: but 
if he made the motion, it is the duty of the Chair, without do- 
bate, to put the question. 

Mr. GORMAN. It is true that the Senator from New York 
made a motion to make the bill a special order for Thursday 
next, in deference to gentlemen wishing to discuss the question. 

Mr. SHERMAN. Not at all. 

Mr. DAWES. The only possible motion the Senator from 
New York can make is one to take up the bill, and every Sena- 
tor knows that the Senator from New York can not mako a mo- 
tion to make the bill a special order before it is taken up. The 
only motion the Senator can make is one to take up the bill, and 
after it is taken up we can dispose of it as a majority shall de- 
termine. 

• Mr. MITCHELL. The Senator from New York made that 
motion a few moments ago. 

Mr. DAWES. If the Senator from Now York does not desire 
to make that motion, then we are perfectly willing to go on now 
■with the unfinished business. 

Mr. GORMAN. If that be the case, there is only one way 
in which the general understanding can be carried out— and 
such an understanding has never been violated in this body — 
that the motion to take up the bill will not bo considered a test 
vote, but it is done with the distinct understanding that a mo- 
tion will follow to postpone the consideration of the bill until 
Thursday next. Therefore there can ba no test vote on the 
question of taking the bill up. 

Mr. CULLOM. Let us settle it now by a vote. 

Mr. MORGAN. I wish to set myself rightabout this matter. 
I understood when the Senator from New York [Mr. HlLii]took 
the floor that it was by the consent of the Senate that he miyht 
violate the uniform usage in this body in sp.-aking on a motion 
to take up a bill, and that he would not press that motion to-day, 
but at some future time. I have no right to get up here and 
speak against his motion to take vip the bill, and yet the Senator 
was heard here for nearly two hours in support of his motion. 

I desire, Mr. President 

The VICE-PRESIDENT. The Chair would remind the Sena- 
tor from Alaliama that the Senator from New York addressed 
his remarks upon the reference of a petition which he had pre- 
sented, as the Chair understood. 

Mr. MORGAN. Very good. Then, having the floor upon 
that petition, ho changed his tactics, I suppose, and converted 
his motion from the consideration of that petition into one to take 
up the bill, and everybody else was choked down; he had the 
opportunity to speak. 

Mr. PLATT. I should like to inquire what has become of 
the potitionV 

Mr. MORGAN. Yes; what has become of the petition'.' 

The VICE-PRESIDENT. The petition was laid on the tabic. 

Mr. HILL. Mr. President 

Mr. HOAR and others. Regular order! 

The VICE-PRESIDENT. The Chair will hear the Senator 
from New York [Mr. Hill]. 

Mr. HILL. Mr. President, there was no misunderstanding 
on my part in regard to this measure. I distinctly made the mo- 
tion to proceed to the present consideration of the silver bill. 
However, I yielded to suggestions from the other side and all 
around the Senate, as it was said Senators desired to debate the 
bill, and only for that reason did I suggest a special order : but 
under the circumstances I pressed the original motion of which 
I gave notice last Friday to have the bill taken up. If it shall 
be taken up, then I will follow it by another motion. 

The VICE-PRESIDENT. The yeas and nays have been or- 
dered, and the Secretary will call the roll. 

The Secretary proceeded to call the roll, and called the name 
of Mr. Aldrich. 

Mr. Hill and Mr. Voorhees addressed the Chair. 

The VICE-PRESIDENT. Debate is not in order. 

Mr. VOORHEES. I know debate is out of order, and that 
nothing which has occurred for the last half hour has been in 
order; but allow me just a moment to say, that during my long 
service in this body no one ever knew me to object to a Senator 
who desired to speak doing so. I thought, however, this morn- 
ing on a measure of such importance as this that the Senator 
from New York had no right to proceed to discuss the question 
and then foi%e the rest of us to vote upon it in total silence, 
without a word. 



I moved around a little myself, as the Senator from Maryland 
[Mr. GORM.\Nl well knows, anxious to hear the Senator from 
New York, for whose ability I have great respect, but at the 
same time determined, if it was in my power, that no vote should 
bo taken until other Senators, myself included, might give ex- 
planations of their views upon this subject. 

I have listened with the greatest possible interest to the speech 
of the Senator from Now York, not agreeing with all of it, but 
agreeing with some of it, and I am glad he has made his speech. 
Had I supposed, however, that after that speech was closed the 
rest of us would not have an opportunity to say a word, that 
speech would not have been mado this morning'by unanimous 
consent; I say that with the utmost respect for tho Sonatur trom 
New York, for, had it been necessary to have-done so, I should 
have interposed an objection, a thing I never did before, for no 
Senator has tho right to monopolize the exclusive privilege of 
discussing a great question like this and then force a vote upon 
tho rest of us ip dumb silence. Such a spectacle has never be- 
fore been presented here, and it ought not to be presented hero 
now. I trust tho Senator from New York will see the propriety 
of withdrawing his motion if it is to result in a coercive vote 
upon this matter. 

Mr. DAWES. The only way for tho Senator and everybody 
else to express their views is to take tho bill up. That is tho 
only way in which it can bo done. 

Mr. VOORHEES. I am not going into that question now. 
All the Senators who have spoken have been out of order, and 
all this debate has been by unanimous consent. 

Mr. STEWART. Ishduld like toin(iuiroof the Senator from 
Indiana if there is any difficulty, whatever may be tho result of 
this motion, in tho Senate in the usual way giving unanimous 
consent for any speech that will not interfere with a vote on this 
motion? 

Mr. VOORHEES. We can go on in that way if the Senate so 
choose, but we had better go on under our rules. 

Mr. STEWART. There is no trouble about that. 

Several Sexators. Regular order! Regular order! 
- Mr, HILL. I desire simply to say a word in answer to tho 
suggestions of tho Senator from Indiana [Mr. VoORrii;K.s]. 

I have known the Senator from Indiana long, and have too 
much respect for him to endeavor to deprive him of the oppor- 
tuiuty to present his views upon this or any other subject. 1 do 
not suppose, however, that a more vote to take up a bill for con- 
sideration would deprive any Senator of ample opportunity to 
debate the bill at the proper time. The question now is to take 
up tlio bill. Those wlio favor the bill and tho^e who intend to 
vote against it equally, and with equal propriety, when the bill 
shall have been brought up for consideration and is before tho 
Senate, can have ample opportunity to debate it. 

Mr. VOORHEES. I am not contending for the right to speak 
myself. I expect I could get that right; but I am speaking for 
the general, universal, proper treatment of the Senate, with tho 
understanding we have hero. 

Mr. HILL. I gave notice last Friday that I intendid t^vday 
to make tho motion which I have submitted. I have made it. and 
it is before the Senate. I do not wish to deprive a single Sena- 
tor on either side of the Chamber of an opportunity to discuss 
the bill; and I do not understand that I am depriving any .Sena- 
ator of that opDortunity by simply moving that tho bill shall bo 
brought up for consideration. If taken up it can then be debated 
at full length. 

Mr. BLACKBURN. Will the Senator from New York per- 
mit a question? 

Mr. HALE. I call for the regular order. 

The VICE-PRESIDENT. The regular order is called for, 
which is the call of the j-eas and nays. 

Mr. VOORHEES. I rise to a parliamentary inquiry. 

Tho VICE-PRESIDENT. The Senator from Indiana will 
state his parliamentary inquiry. 

Mr. VOORHEES. What i.s the question before tho Si;nato? 

The VICE-PRESIDENT. The question is on the motion made 
by the Senator from New York [Mr. Hill], that the .Senalo pro- 
ceed to tho consideralion of the bill the title of which lias been 
read. 

Mr. VOORHEES. I move to lay that motion on the table; 
and on that I call for the veas and nays. 

.M r. HO.VU. That can not be done. 

Tho VICE-PRESIDENT. Tho Chair thinks that is in order. 
Is the demand for the yeas and nays seconded? 

The demand was seconded; and the yeas and nays wore or- 
dered. 

Mr. HALE. Will the Chair again state the motion, so that 
the Senate mav understand it clearly? 

The VICE-PRESIDENT. Tho motion mado by tho S iiator 
fi>om Indiana [Mr. Voorhees] is that the motion maile l)y tho 



1242 



CONGRESSIONAL RECORD— SENATE. 



February 6, 



Senatox- from New York [Mr. Hill] to proceed to the consider- 
ation of the bill the title of which has been read shall be laid 
on the table. 

IMr. HOAK. I rise to a question of order. 

The VICE-PRESIDENT. The Senator will state his point of 
order. 

Mr. HOAR. My point of order is that this is one of the special 
motions provided for in Rule IX among the four motions which 
may be put when a subject is pending-, and that no incidental or 
other motion in regard to it is in order. I call for the reading- 
of Rule IX. 

The VICE-PRESIDENT. The rule will be read. 

The Chief Clerk read as follows: 
Rule IX 

ORDER OF BtrSINESP. 

luuiK'tliately after tlie consifleratlou of cases not objectecl to upon llio 
Catftndiir is completed, and not later than 2 o'clock, if tlaere shall be no special 
orders for that time, the Calendar of General Orders shall be taken up and 
proceeded T.-ith in its order, begiunins with the first subjectfon the Calendar 
uest afterthe last subject disposed of In proceeding with the Calendar; and 
in such case the following motions shall be in order at any time as privileged 
motions, save as against a motion to adjourn, or to proceed to the consid- 
eration of exectitive business, or questions of privilege, to wit: 

First. A motion to proceed to the consideration of an appropriation or 
revenue bill. 

Scccmd. A motion to proceed to the consideration of any other bill on the 
Calendar, which motion shall not be open to amendment. 

Third. A motion to pass over the pending subject, which, if carried, shall 
have the effect to leave such subject without prejudice in its place on the 
Calendar. 

Fom-th. A motion to place such subject at the foot of the Calendar. 

Each of the foregoing motions shall be decided without debate, and shall 
have precedence in the order above named, and may be submitted as in the 
nature and with all the rights of questions of order. 

Mr. MANDERSON. Mr. President 

The VICE-PRESIDENT. The Chair is of the opinion that 
the point of order made by the Senator from Ma-sachusetts 
[Mr. Hoar] is well taken. The pending question, therefore, is 
on the motion made by the Senator from New York [Mr. Hill]. 

Mr. MANDERSON. Mr. President, I desire to ask that Rule 
XXII might bo read before the decision upon this subject. It 
certainly seems to me, if the Chair is to hold that a motion of 
this character is not in order, the Chair might as well hold that 
a motion to adjourn is not in order pending this question under 
Rule XXII. 

The VICE-PRESIDENT. The rule will be read. 

The Chief Clerk road as follows: 

RULE XXII. 

PKECEDENCE OF MOTIONS. 

When a question is pending no motion shall be received but— 

To adjom-n. 

To adjourn to a day certain, or that when the Senate adjoiu'u. it shall be 
to a day certain. 

To take a recess, 

To proceed to the consideration of executive business, 

To lay on the table. 

To postpone indefinitely, 

To postpone to a day certain. 

To commit 

To amend ; 
which several motions shall have precedence as they stand arranged; and 
the motions relating to adjournment, to take a recess, to proceed to the 
consideration of executive business, to lay on the table, shall bo decided 
■without debate. 

The VICE-PRESIDENT. The Chair is of the opinion that 
the motion made by the Senator from Indiana [Mr. Voorhees] 
is not at this point of time in order. The pending question bo- 
fore the Senate is on the motion matle by the Senator from New 
York [Mr. Hill], on which the yeas and nays have been ordered. 
The roll will be callecl. 

Mr. VOORHEES. Ibegpardon. I did not catch the decision 
of the Chair. 

The VICE-PRESIDENT. The Chair is of opinion that the 
mo' ion made by the Senator from Indiana at this point of time 
is not in order, and that the pending question is on the motion 
made by the Senator from New York. 

Mr. VOORHEES. Then, I simply say that I hope the friends 
of f.'iir play will vote down the motion of the Senator from New 
York. 

The VICE-PRESIDENT. The roll will be called on the mo- 
tion to proceed to the consideration of the bill. 

The Secretary px-oceeded to call the roll. 

Mr. ALLISON (when his name was called). I am paired with 
the Senator from California [Mr. Stanford]. 

Mi'. WHITE. May I interrupt the roll call to make a parlia- 
mentary inquiry of the Chair'? 

The VICE-PRESIDENT. The Chair will hear the Senator. 

iSlr. WHITE. Do I understand if the motion is carried and 
the bill is taken up that then all further debate will be cut off. 

Several Senators. No, no; it will be open to debate. 

The VICE-PRESIDENT. The bill will then be open to de- 
bate. 

Mr. FAULKNER [when Mr. Camden'.s name -was called.) My 



colleague [Mr. Camden] is necessarily detained from the Senata 
to-day. Heis paired with tho.Senator from Nebraska [Mr. Pad- 
dock] on this motion. 

]\Ir. CULLOM (when his name was called). I have a general 
pair with the Senator fi'om Delaware [Mr. Gray], butliis secre- 
tary informed me this morning that ho had paired with some 
other Senator. I therefore vote "nay." 

Mr. DIXON (when his name was called). I have a general pair 
with the Senator from Mississippi [Mr. Walthall], who is ab- 
sent this morning. My colleague [Mr. Aldrich] is also absent, 
and I transfer my pair -with the Senator from Mississipjii to my 
colleague, and I vote "yoa." 

Mr. GORDON. Mr. President, I have a general pair with the 
Senator from Wyoming [Mr. Warren]. If his colleague or any 
other Senator can inform me how the Senator from Wyoming 
■would voteon this question I shall then be able to decide whethoi- 
or not I am at liberty to vote. 

Mr. CAREY. My colleague [Mr. Warren], it present, would 
vote "nay." 

Mr. GORDON. Then I vote " nay." 

Mr. WHITE (when Mr. Gray".s name was called). I wish to 
announce that the Senator from Delaware [Mr. Gray] is paired 
with the Senator from South Carolina [Mr. Butler]. 

Mr. HIGGINS (when his name was called). On this subject I 
have a general pair with the Senator from Montana [Air. S.A.N- 
DERS]. If he were present, he would vote "nay " and I should 
vote "yea." 

Mr. HISCOCK (when his name was called). I am paired on 
this question with the Senator from Arkansas [Mv. Jones]. If 
he were present, he would vote "nay" and I should vote "yea." 

Mr. PETTIGREW (when his name was called). I am paired 
with the Senator from West Virginia [Mr. Camden], hut I have 
traujiferred that pair to the Senator from Nebraska [Mr. Pad- 
dock], and vote "nay." 

Mr. QUAY (when his name was called). On this question I 
am paired with the Senator from Iowa [Mr. Wilson]. If he 
were present, I should vote "yea" and the Senator from Iowa, I 
understand, would vote "nay." 

Mr. SAWYER (when his name was called). I am paired with 
the Senator from Pennsylvania [Mr. Cameron]. If he were 
present I should vote "yea." 

Mr. GEORGE (when Mr. Walthall's name was calledi. 
My colleague [Mr. Walthall] is detained from the Senate hy 
sickness. He has a general pair with the Senator from Rhode 
Island [Mr. Dixon], who has transferred it to his colleague [Mr. 
Aldrich]. Mj- colleague, if present, would vote "nay " on this 
question. 

The roll call was concluded. 

Mr. CHANDLER (after having voted in the affirmative). I 
voted inadvertently, forgetting that I had arranged a pair with 
the Senator from Washington [Mr. Allen]. I therefore with- 
draw my vot:_*. 

Mr. MANDERSON. I desire to announce the pair between 
my colleague [Mr. Paddock] and the Senator from West Vir- 
ginia [Mr. C.\mden]. My colleague, if present, would vote 
" nay." 

The result was announced — yeas 2i. nays 42; as follows: 









YEAS-23. 




Brice. 




Frye, 


Hill, 


Proctor. 


Caftery. 




Gailinper, 


Hoar, 


Sherman, 


Davis. 




Gibson, 


McPherson, 


Vest, 


Dawes, 


X 

Hi 


Gorman, 


Mills. 


VUas, 


Dixon. 


Hale. 


MorrlU, 


White. 


FaulUnei 


Hawley, 


Palmer, 






c 




NAYS-42. 




Hate. 




Dubois, 


Manderson, 


Shoup, 


Herrv. 


(U 


Felton, 


Mitchell, 


Squire, 


Blarkbrn 


"'JS 


George, 


Morgan, 


Stewart, 


Blodgett, 


C/3 


Gordon, 


Pasco, 


Stockbrldge, 


Call. 


. . 


Hansbrough. 


Pefler, 


Teller, 


Carey, 


C_3 


Harris. 


Perkins, 


Tm-pie, 


Cnckrell, 


a> 


lluuton. 


Pettlgrew, 


Vance, 


Coke. 




Irby. 


Piatt, 


Voorhees, 


CuUom, 


lo' 


Jones, Nev. 


Power, 


Wolcott. 


Daniel. 


3 


Kvle. 


Pugh, 




Doiph. 


CO 


McJIillan. 


Ransom, 






o 


NOT VOTING— 22. 




Aldrich, 


u_ 


Casey. 


Jones, Ark. 


Walthall. 


Allen, 




Chandler. 


Paddock, 


Warren. 


Allison,, 




Colqtiitt, 


Quay, 


Washburn. 


Butler, 




Gray, 


Sanders, 


Wilson. 


Camden, 




Higgins. 


Savi-}-er. 




Cameron 




Hiscock, 


Stiinford. 





So the motion was not agreed to. 

TAXATION OF INDIAN CITIZENS. 

Mr. COCKRELL. Regular order. 

The VICE-PRESIDENT. The Senate resumes^he considera- 
tion of the unfinished business, being Senate bill 206S. 
The Senate, as in Committee of the AVhole, resumed the con- 



189^ 



CONGRESSIONAL RECORD— SENATE. 



1271 



CONSIDERATION OF SENATE BILLS. 

The VICE-PRESIDENT. What is tho further pleasure of 
the Senate? The consideration of the House bills on the Cal- 
endar favorably reported and not objected to has been com- 
pleted. . 

^Ir. COCKRELL. I sugfgest that wo proceed with the Senate 
bills on the Calendar. 

Mr. MITCHELL. I hope that the Senate will proceed with 
the consideration of the Calendar in i-egular order. 

The VICE-PRESIDENT. The Senate bills unobjected to will 
be taken up and proceeded with in their order, in the absence of 
objection. 

LEGAL REPRESENTATIVES OF JOHN ROACH. 

Mr. MITCHELL. I ask the Senate to go back and take up a 
case which was passed over some time since, Order of Business 
790, being House bill 457. 

Mr. COCKRELL. Who objected to that bill? 

Mr. MITCHELL. The Senator from New Jersey [Mr. Mc- 
Pherson]. 

Mr. COCKRELL. I see he is present now. 

Mr. MITCHELL. Tho bill has been read heretofore and the 
amendment of the committee agreed to. 

There being no objection, the Senate, as in Committee of tho 
Whole, resumed the consideration of the bill (S. 457) for the 
i-elief of the assignees and legal representatives of John Roach, 
deceased, to pay balance due on the United States Steamship 
Dolphin. 

Tho VICE-PRESIDENT. Tho amendment reported to tho 
bill has heretofore been agreed to. 

Mr. MITCHELL. I ask for a vote on the bill, if there is no 
fui"ther discussion to take place upon it. 

Mr. Mcpherson. I wish to say a single word in addition 
to what I have heretofore said in regard to this matter. 

When the bill was befoi-e the Senate some time since I objected 
to it upon the ground that there had been no inspection of the 
qualities of this vessel, the Dolphin, by any tribunal competent 
to determine whether it had answered tho terms of the contract 
or not. I shall content myself with voting against the bill, with- 
out saying anything further upon the subject. 

Mr. MITCHELL. Just one word in reply to the suggestions 
of the Senator. The act under which this vessel was built pro- 
vided that a naval advisory board should superintend the con- 
struction, and that board passed favorably upon the vessel. 

Mr. Mcpherson. I suppose the senator is as well advised 
upon the subject as I am that a board of naval officers which had 
been appointed by Secretary Whitney while Secretary of the 
Navy, condemned the ship. The ship" has since been put into 
commission, and has traveled around the world, thousands of 
miles, but not under a full head of steam, not under the severe 
requirements which a ship must be found to do before she can 
be accepted as fulfilling the requirements of the contract. She 
has been drifting around the world for the past year or more, 
and the Senator now comes into the Senate and states, because of 
the fact that she has been able to swim, that she has been able 
to go around the world under half speed or half power, as tho 
case may be, for a year or two, sho now ought to be accepted and 
the contractoi'S should be paid. 

That is no test whatever. If the present Secretary of the Navy, 
in whom I have every confidence, will appoint a competent board 
of naval officers, after the vessel has been strengthened, as I un- 
derstand, and somewhat changed, to determine the question of 
her strength and her fitness to meet the terms of the contract, I 
shall gladly vote for the bill which the Senator proposes, but not 
otherwise. 

Mr. MITCHELL. This vessel was accepted by the Govern- 
ment on the 10th day of November, 1885. Since then sho has 
cruised all around the earth on every sea, making over 58,000 
miles in one cruise, and has stood the test of storm and weather. 
She has been over seven years in service, and is as good a vessel 
to-day as ever was built. I have nothing more to say. 

The bill was reported to the Senate as amended, and tlio 
amendment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

MIDLAND PACIFIC RAILWAY COMPANY. 

The bill (S. 443) granting to the Midland PaciGc Railroad 
Company the right of way through the Crow Creek Indian Res- 
ervation, in the State of South Dakota, was considered as in 
Committee of the Whole. 

The bill was reported from the Committee on Indian Affairs 
with amendments. 

The first amendment was, in section 1, line 3, after the word 
"that," to insert "with the consent of the Indians, obtained in 
such manner as the President of the United States shall direct, 



and to be returned to andfiled with the Secretary of the Interior;" 
in line (J, after the word ''Paeilic," to strike out "Railroad '" and 
insert ''Railway;'' in lino 13, before the word "lands," to insert 
"public:" in lino 17. after the word ■'amount."' to strike out 
"20 acres" and insert "nOO feet in width and ;t.000 feet in 
length;" and in line iO, before th • word "miles," to .strike out 
"si.x" and insert " ten;" so as to make tho seotion road: 

That, with tho consent ot the Indians, obtiilned In su..-hni,-iim<"r:w the Prasl- 
dent ol the United States sh;il!<Ur<vt. :in,l tol>" return.'! to tir,,! ;ii,-t with tho 

Secretary of the Interior r • :.,ii. 

way Company, a corpor.i: i uo 

State of South UaUota. :r, . of 

Us raiU'oad through tho ^-i,»„ v i,-. . ,,l 

South Dakota, Mich right of way to i,„ 

center line of said railroad, and said , , 

take from the public lands adjacent t" ■ ,ii,i 

earth necessary for the consinii-tion ■ at 

to such right of way for station l> , .,!.» 

tracks, tum-oiit.s, and water station.-, i.,.. ,,.,.>.-. n, .n.i.uui •■-. i. .i In 
width and 3,000 feet in length for each station. Co the extent or one siatloa 
for everj- 10 miles of roaii constrticted wlihiu the limits of salU reservation. 

Tlie amendment was agreed to. 

The ne.xt amendment was, in section 2, lino o, after tho word 
" tribe," to insert "who have selected lands for allotment in sever- 
alty or who hold any lands in severalty tinder the United States 
for right of way through such severally lauils, and: " in line 10, 
after the words "right of," to strike out '• way of; " in the same 
lino, before tho word "company," to strike out "raili-oail" and 
insert "railway:" in line 13. after tho word "such," to sti-iko 
out " railroad " and insert " railway; " and in lino 15, before the 
word "approve," to insert "filed with and;" so as to make tho 
section read: 

Sec. 3. That it shall be theduty of the .Secretary of ili . tlio 

amount of compensation t i bo paid to the Indians for > md 

provide the time and manner tor the payment thereof .iln 

and tlx the amount to bo paid to Individual m"ml'ers of tli, ive 

selected lands for allotment in severalty, or who hold any l:ii illy 

under the United States for risiht of way through such sov,' md 

for tlamayres sustained by them by reason of the cou^* ad. 

But no right or any kind shall vest in said railway con: ; art 

of the right of way heroin provkled for until plats thef- " iial 

survey for the deliuite location of such railway, and Inciu : i : atls 

forstation houses, depots, machine shop.s, side tracks, turn ,ter 

stations, shall have been llled with and approved by the Seer. In- 

terior, and until the comi>ousatlon aforesaid shall have been ild. 

and the consent of the Indians on said reservation as to the .ild 

compensation shall have beeu lirst obtaiuoLl in a manner sal 'the 

Presideut o£ the United States. Said comi>any is hereby autli<ni.,'i i" cuter 
upon said reservation for tho ptirposo of surveying and locating Its line of 
railroad: Provided, That said line ot railroad shall bo located, constructed, 
and operated with due regard to the rights of tho Indians and under such 
rules and regiUations as tho Secretary ot the Interior shall prescribe. 

The amendment was agreed to. 

The next amendment was, in section 3, line J, after the words 
"shall be." to insert '• and hereby are, wholly;" in line 3. Ijofoi-o 
the word "constructed," to strike out "is" and insert " shall 
be:'" and in the same line, after tho word "within," to strike out 
'• five " and insert " throe:" so as to read: 

Sec. 3. That the rights herein granted shall be, and hereby are. wholly for- 
feited by said comptiuy unless the road shall bo constructed through said 
reservation within three years. 

Ths amendment was agreed to. 

The next amendment was to add to section 3 the following: 
And no further legislative act shall bo requisite to entirely divest said 
company of any and all rights, claims, and iirlvlleges under this ad. No 
assignment or transfer of any right or privilege granted by this act shall Ijo 
of any validity whatever if m.ade before the said road shall bo competed 
through the reservation as against the United States. 

Mr. COCKRELL. I think that in line 4, section 3, to make 
it mean anything at all the period should be stricken out and a 
capital A and a comma inserted after the word ''yeai-s,"' so that 
from line 1, in section 3, down to and including the word " act," 
in lino U, will bo one sentence. If it is not one sentence it is 
meaningless. As it is now it is two independent propositions. 
It now reads: 

That the rights heroin granted shall be, and hereby arc, wholly forfeited 
by said company unless the road shall bo constructed through Bald reserva- 
tion withiu three years. 

Then commences a new sentence: 

And no liu-ther legislative act shall be requisite to entirely diveal bald 
company of any and all rights, claims, and prfvlleges under this act. 

In what event? As a matter of course it can only be in the 
event that tho company have not built tho road. Therefore it 
ought to be a part of the same sentence. I move to strike out 
the period in lino 4 after the word " years,"' and the capital A 
in the ^vord "And; '' so as to make it all a part of tho same sen- 
tence, and so that no further act will be necessary if the road 
shall not bo built. 

The VICE-PRESIDENT. Tho amendment will bo stated. 

The Secretary. In line 4 of soi-tiou 3, aft^n- tho word 
'years," it is proposed to strike out tho p.'riod and to insert a 
comma, and to strike out the chpital A in the word "And." 

The amendment to the amendment wa-s ugivcd to. 

The amendment as amended was agre<:'d to. 



1272 



CONGRESSIONAL RECORD— SENATE. 



Febbuaky 7, 



The next amendment of the Committse on Indian Affairs was 
to add as a new section the following: 

c;fc 4 That, this act shall In uo particular, except lu so far as it confers 
authorltv to euter upon the reservation for tlie purpose of surveying and 
ioc-it iiii.' the crantee's line of railroad, take any effect whatever until the Sec- 
ret 'irv of the Interior shall certify in duplicate writings (one copy whereof 
sLallbo delivered to the said company and one copy filed in the office of saul 
Secretarvi th.it the said company has so far graded its line of railroad and 
construi-ted its track upon the same as that. In the due and proper prosecu- 
tion of the work, it has beoomti necessary for the said company to proceed to 
L'rade ami construct its road uptra the lands within said reservation, and 
that he is satisfied that the company intends in good faith and with reasona- 
ble diligence to proceed to the completion of said road across the reservation 
and put the same in operation for public use. 

The amendment was ajfi-eed to. 

Tiie bill was reported to the Senate as amended, and the 
amendments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. ,.,.,, ,. . ,,, 

The title was amended so as to read: '-A bill granting to the 
Midland Pacific Railway Company the right of way through the 
Crow Creek Indian Reservation, in the State of South Dakota. 

COURT OF TRIVATE LAND CLAIMS. 

Mr TELLER. I reported this morning from the Committee 
on Private Land Claims House bill 83-10. That bill had the ex- 
amination of the Judiciary Committee, receiving a favorable 
report, and also of the Committee on Private Land Claims, it 
wenton the Calendar this morning. I ask that it may be taken up 
as the other Hous3 bills on the Calendar have bsen and passed. 
Bv unanimous consent the Senate, as in Committee of the 
Whole, proceeded to consider the bill (H. R. 8340) to amend an 
act establishing a court of private land claims and to provide for 
the settlement of private land claims in certain States and ler- 
ritorios, approved March 3, 189L 

Mr. COCKRELL. I should like to ask the Senator reporting 
the bill to state the material changes it makes in regard to the 
rights of claimants. 

Mr TELLER. The object of the bill is to correct the act of 
March 3, 1^92, or rather to meet a construction put upon it in 
the Department. An attempt was made in that act to give the 
people who had occupied small pieces of land in the Territories 
of New Mexico and Arizona under the Spanish custom, occupy- 
inc perhaps one place of five acres, another of 10, and another 
of "20, some of them from time immemorial, an opportunity to 
make homesteads by taking IGO acres of land. The act P/ovided 
that they should reside upon the land. It was found that the 
homesteader would have 5 acres in one placa and 10 acres m 
another, and under the construction put upon the act by the iJe- 
partment he was confined to the .5 acres on which he lived. This 
IS to extend the act so that if he has 160 acres in five or six parts 
or more he may take 160 acres and no more. That is all there 
is in that part of the bill. 

Then the last provision extends the time for filing claims un- 
der the act to 1894, two years from last .January. 

Mr. STEWART. I should like to inquire at what time the 
twenty-year limit expires. Is it twenty years previous to the 
passao-e of the original or the amended act? 

Mr. TELLER. Previous to the passage of the original a^t. 
The bill does not interfere with that at all. 
Mr. STEWART. It leaves that feature as it was? 
Mr. TELLER. So I understand. 

The bill was reported to the Senate without amendment, 
ordered to a third reading, and was read the third time. 

Mr. MORGAN. Mr. President 

The VICE-PRESIDENT. The question is, Shall the bill pass.-- 
[Putting the question.] The bill is passed. 

Mr. MORGAN. I desire to interpose an objection to the pas- 
sage of the bill. 

The VICE-PRESIDENT. The Chair will put the question 
ao-ain. The question is. Shall the bill pass? 
°Mr. MORGAN. I wish to submit some remarks upon the bill. 
I desire to have the floor upon it. 
Mr. CULLOM. Let the bill go over. 
The VICE-PRESIDENT. The bill will go over. 
Mr. MORGAN. I wish the bill to go over until the Senator 
from North Carolina [Mr. Ransom], the chairman of the Com- 
mittee on Private L-md Claims, ca^n be presjnt. 

Mr. SAWYER. The Senator from Alabama can enter amo- 
tion to reconsider the vote on the passage of the bill. 

Mr. lilORGAN. No, I want the bill to go over until the Sen- 
ator from North Carolina comes in. 

Mr. TELLER. What bill do?s the Senatorfrom Alabama ask 
may go over? -, , , 

Mr. MORGAN. The bill the Senator from Colorado has been 
discussing. 

Mr. TELLER. Until what time'.' 

Mr. MORGAN. Until the Senator fi-om North Carolina [Mr. 



RAN.SOM], the chairman of the committee, can have an opportu- 
nity to be heard. 

Mr. TELLER. The Senator from North Carolina examined 
the bill and the committee agreed upon it. He underst od that 
I was to call it up and put it on its passage. 

Mr. MORGAN. I understood from a conversation with him 
the other day that he had some serious objection to it; b-it I ob- 
ject to the bill on my own account. 

Mr. HOAR. ' I did not hear the statement of the Senatorfrom 
Alabama. 

The VICE-PRESIDENT. Objection being made, the bill will 
go over without prejudice. 

Mr. RANSOM entered the Chamber. 

Mr. TELLER. The Senator from North Carolina is now here. 
■ The VICE-PRESIDENT. The Chair had announced the 
passage of the bill, and the Senator from Alabama mov'S that 
the vote be reconsidered. 

Mr. MORGAN. I beg leave to say very respectfully that the 
Chair should not have pronounced the passage of the bill when 
I took the floor upon it and objected to it before it was passed. 

The VICE-PRESIDENT. The Chair begs pardon; he did not 
hear the Senator's objection. 

Mr. MORGAN. That was my exact purpose ini'ising. I had 
the rio-lit, I understand, under the rule to do it. 

The"" VICE- PRESIJENT. The bill will stand as having been 
read three times and as being before the Senate. 

Mr. HOAR. Why not let it stand as passed? The Senator 
from Alabama has a right to enter a motion to reconsider. 

Mr. MORGAN. I do not wish the bill to have that attitude. 

Mr. TELLER. I do not desire to pursue a course in regard to 
the measure that any Senator objects to. If the Senator from 
Alabama wants to let the bill stand as if it had not been before 
the Senate I shall not object, because I am sure he will not find 
anything objectionable in the bill. 

The VICE-PRESIDENT. The bill will stand as having been 
read the third time and as being still before the Senate. 

SAFETY OF LIFE ON RAILROADS. 

Mr. CULLOM. I ask that the unfinished business be laid be- 
fore the Senate. 

The VICE-PRESIDENT. The hour of 1 o'clock having ar- 
rived, it is the duty of the Chair to lay before the Senate the 
unfinished business, which will be stated. 

The Secretary. A bill (H. R. 9350) to promote the safety of 
employes and travelers upon railroads by compelling common 
carriers engaged in interstate commerce to equip their cars with 
automatic couplers and continuous brakes and their locomotives 
with driving-wheel brakes, and for other purposes. 

HUDSON RIVER BRIDGE. 

Mr. BLACKBURN. I move that the bill now under consid- 
eration be laid aside in order to take up the bill (S. 2626) to au- 
thorize the New York and New .Jersey Bridge Companies to 
construct and maintain a bridge across the Hudson River be- 
tween New York City and the State of New Jer.^ey. 

Mr. CULLOM. The motion. I believe, is not debatable. 

Mr. BLACKBURN. It is not debatable, because if it were I 
should wish to say something. 

Mr. CULLOM. So should I. 

The VICE-PRESIDENT. The question is on the motion made 
bv the Senator from Kentucky. 
' Mr. CULLOM. I hope the motion will not prevail. 

Mr. BLACKBURN. I trust the motion will prevail, as the 
consideration of the bill has been asked several times before. 

Mr. MITCHELL and others. Regula- order! 

The VICE-PRESIDENT. The question is on the motion of 
the Senator from Kentucky to proceed to the consideration of 
the bill he has indicated. 

Mr. PLATT. I wish to inquire whether it is in order to ask 
that the bill be read at length before the vote is taken? 

The VICE-PRESIDENT. The question is on taking up the 

Mr. BLACKBURN. The bill is not before the Senate. 

Mr. PLATT. I wish to inquire whether it is in order to have 
the bill read for information? 

Mr. HISCOCK. The bill is not before the Senate. 

Mr. BLACKBURN. The bill is not before the Senate until 
the Senate shall take it up. However, by unanimous consent 
the bill could be read. . . . 

Mr. PLATT. I wish to inquire of the Chair wnether it is m 
order, the motion of the Senator from Kentucky having been 
luude to have the bill read for information before the motion is 
acted upon? , . . , , .^ . 

The VICE-PRESIDENT. The Chair is of opinion that it is 
not in order until the bill is before the Senate. " 

Mr. BLACKBURN. That is right. 



1893. 



CONGRESSIONAL RECOED— SENATE. 



1273 



The VICE-PRESIDENT. The question is on agreeing to the 
motion of the Senator from Kentucky [Mr. BLACKBURNjto pro- 
reed to the consideration of the bill indicated by him. 

Mr. BLACKBURN. On that I demand the j'eas and nays. 

Tho yeas and nays were ordered, and the Secretary proceeded 
to call the roll. 

Mr. DIXON (when his name was called). I have a general 
pair with the Senator from Mississippi [Mr. Walthall], who 
is detained from the Chamber by sickness, and therefore I with- 
hold my vote. 

Mr. FAULKNER (when his name was called). I am paired 
with the Senator from Pennsylvania [Mr. Quay]. 

Mr. HIGGINS (when his name was called). I am paired with 
the senior Senator from New Jersey [Mr. McPherson]. He is 
not present. I do not know how he would vote on thisquestion. 
In his absence I withhold my vote for the present. 

Mr. PR YE. The Senator from New Jersey [Mr. McPheeson] 
is against taking up the bridge bill. 

Mr. HIGGINS. In that case I will vote. I vote " nay."' 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey]. 

The roll call having been concluded, the result was announced — 
yeas 22, nays 34: as follows: 

YEAS-23. 
Blackburn, George, Irby, Vance, 

Blodgett, Gibson. Mills, Vest. 

Brice, Gorman, Power, Voorhees, 

Caflery, Harris, Ransom, Wolcott. 

Stewart, 
Turpie, 

NAYS— 34. 



Coke, .^ 

Daniel, ^ 



George, 

Gibson. 

Gorman, 

Harris, 

Hill. 

Huuton, 



Sawyer. 

Sberman, 

Shoup, 

Stockbridge, 
Teller, 
Vilas. 
■Washburn. 



.Sander.^, 

•Squire. 

Stanford, 

Walthall, 

"Warren, 

While, 

Wilson. 



Allison, _i; Dolph, Hoar. 

Bate, Dubois, McMillan, 

CaU, <1> Frye. Mitchell, 

Carey, Q^ Galllnger, Morgan, 

Chandler, C Hale, Morrill, 

Cockrell, Hansbrough, Palmer, 

Cullom, "?5 Hawley, PeHer, 

Davis, a< Hlggins, Piatt, 

Dawes, -— , Hlscock, Proctor, 

"§ NOT VOTING— 31. 

Aldrich, W Dixon, McPherson, 

Allen, ;_ Faulkner, Manderson, 

Berry, o Felton, Paddock, 

Butler, I, Gordon, Pasco. 

Camden, ^^ Gray, Perkins, 

Cameron, Jones, Ark. Pettlgrew, 

Casey, Jones, Nev. Pugh, 

Colquitt, Kyle, Quay. 

So the motion was not agreed to. 

SAFETY OF LIFE ON RAILROADS. 

The VICE-PRESIDENT. The Senate resumes the consider- 
ation of the unfinished business. 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (H. R. 9350) to promote tho safety of em- 
ployes and travelers upon railroads by compelling common car- 
riers engaged in interstate commerce to equip their cars with 
automatic couplers and continuous brakes and their locomotives 
with driving-wheel brakes, and for other purposes, the pending 
question being on the amendment of Mr. George to the amend- 
ment reported by the Committee on Interstate Commerce. 

Mr. CULLOM. Mr. President, I see that the pending bill is 
to have a tolerably hard road to travel in the Senate of the United 
States, but I am inclined to think that if we can ever get to a 
vote upon the question such a bill will receive the sanction of 
the Senate. ■■' 

When the Senate went into executive session yesterday even- 
ing and I yielded the floor to the Senator from Ohio [Mr. Sher- 
man] for the purpose of making such a motion I had not entirely 
concluded my remarks. As there was some confusion yester- 
day as to the e.xact terms of the bill under consideration, I think 
it perhaps well enough to refer to it again this morning. 

I will state that the first section of the amendment reported by 
the committee as a substitute for the House bill simply provides 
that after the 1st of January, 189.5, it shall be unlawful for a com- 
mon carrier engaged in interstate commerce by railroad to use 
on its lines locomotive engines in moving interstate traffic not 
equipped with power driving-wheel brakes and appliances for 
operating the trains, etc., the section requiring only a sufficient 
numbsr of cars, to be so equipped as will enable the engineer to 
control the train. 

There is nothing in the section that has any reference to the 
Interstate Commerce Commission or to any board outside in de- 
termining anything about it. The naked proposition is that 
it shall be unlawful after a given date to run locomotives not 
equipped with power brakes, or to run any train in interstate 
traffic which has not a sufficient number of cars in it soequipped 
with power brakes that the engineer can control it. 

Then, as to the second section of the bill, that section has ref- 
erence only to what are usually called automatic couplers. It 



was the intention and purpose of tho committee, and I think it 
is carried out in tho substitute, to simply require a uniform 
coupler, the testimony showing that such a coupler must l)e put 
in use by direction of the National Governmont in order to pro- 
tect tho lives of tho people operating tho trains, taking caro of 
the cars, coupling them, etc. 

Mr. WOLCOTT. Mr. President 

The PRESIDING OFFICER iMr. Gallinger in tho chair). 
Does the Senator from Illinois yield to th.' .'^oiuitor fruni 
Colorado? 

Mr. CULLOM. Certainly. 

Mr. WOLCOTT. I ask the Senator to yield for a qui»tioa. 
It is my own fault that I hav.' to ask it, bocausj I am not us 
familiar with the testimonj- as I should be. Before tho Senator 
loaves the first question let me ask was there over any testi- 
mony taken so that tho Senate I'un lia inlelligoutly inf»irined a^ 
to what proportion of tho locomotive engines of tho diiterrnt 
railroads ai-e now equipped with air brakes, in wliat ratio ihoy 
are now being adopted, and how great therefore tho demand for 
such a law may be? I have )x.>on uniiljlo to tind ii in tho 
testimony. 

Mr. CULLOM. It has been .some time since tho testimony 
was taken that has been submitted to tho Senate, and I uiii not 
very certain in my mind whether there is anything in the testi- 
mony which explains that inquiry. 

Mr. WOLCOTT. I could not And anything. 

Mr. CULLOM. Bht I desire to .>^ay , and I want to be perfectly 
frank with the Senator and tho Senate, that since tho bill waa 
reported to the Senate; I have given attention to tho first b.'Ction 
of tho bill, and that is the section, I believe, tho Senator inquires 
about. 

Mr. WOLCOTT. That is tho one. 

Mr. CULLOM. The question has suggested itself to my mind 
whether in a requirement that tho power braKes shall tw ap- 
plied to locomotives and cars between now and the Ist of .lanu- 
ary, 189.5, and the coupler shall be on the trains botweoii now 
and the 1st of January, 1S98, there was not a gap of ditleri-ncoin 
timo that was hardlj- justifiable. 

In other words, it occurred to me that i)ossibly, owing U) tho 
necessity on tlio part of the railroads to incur the expense of put- 
ting power brakes on the locomotives and upon asutllcienl num- 
ber of cars to enable the engineer to control the train, the timo, 
possibly, vv-as fixed too early. I desire the .Senator from Colorado 
to hear what I have to say on this subject. I want him to know 
exactly what has controlled me. 

-Mr. WOLCOTT. I am listening. I asked the question for 
information on the subject. 

Mr. CULLOM. .\fter that question was suggested to my 
mind, I made inquiry of several gentlemen familiar with rail- 
road subjects, and the testimony to me was that the so<'tion is 
all right, because nearly all of the locomotives alread}' have 
those power brakes, and that as a great many have been placed 
ujjon tho cars it would not bj so great an expense in that as in 
putting the automatic coupler on every car. Therefore a shorter 
time can he fi.xed for tho equipment of tho locomotive and a suf- 
ficient number of cars to control the train than in putting tho 
couplers on the cars generally, and I allowed the section to stand 
as it is without calling the attention of the committee to it. 

I an ready to say now that 1 have never had an impulse that 
led mo to desire to do an injustice to an j' corporation or railroad 
in the countiy, and if it can bj shown by any gentleman familiar 
with the subject that the time is too shortas to the power brake, 
I would, so far as I am individually concerned, b' willing to ox- 
tend it for a year and possibly longer. However, with the in- 
formation I have now I would not lie willing to do so. That is 
the explanation 1 make to tho Senator from Colorado. 

I have called tho attention of the Senate to tho first srction, 
because there was some confusion yesterday as to tho manner in 
which that section should be enforced. 

Now, as to the second section, that applies exclusively to what 
we call automatic couplers. An automatic coupler to equip a 
car costs about $25, while the power brake to equip a car. ac- 
cording to the testimony, costs from $43 to $75. There is n pretty 
large difference between the two. and that is what called ray at- 
tention to the question whether the timo a,« to brakes was not 
too short. There is no outside influence o,- power that has any- 
thing to do with the detorminaiion of what kind ofcoui.l.r-hall 
be used except the railroads themsolvo.-i. lu other wur Is, tho 
section provides that the owners or tho.^e coatrolling 75 per cent 
of the cars in use, or of tho whole number of cars, and ther.; are 
aVwut 1,100,000 freight cars in the country 

Mr. H.VRRIS. There are mo.-e than 1.000.000. 

Mr. CULLO.M. More than 1 .(M)0,000— I.IOJ.OOO. 

Mr. HARRIS. I thought the Senator said 700,000. I beg 
pardon. , , 

Mr. CULLOM. No, 1,100,000. When we first began to in- 



1274 



CONGRESSIONAL EECORD— SENATE. 



Februaey 7, 



vestigate this question there wore about 1,000,000, but now there 
are something over 1,100,000 freight cars in the country. The 
only provision in the bill in reference to what kind of a coupler 
shall be used, is that the roads themselves shall determine it by 
a v(jte or whatever means they may arrive at a determination, 
and when those controUiug- 75 per cent of the cars vote or report 
to the Commission that a certain coupler is adopted, then the 
Interstate Commerce Commission proclaims that fact, and that 
is t!ie standard coupler. 

The Committee on Interstate Commerce has been desirous all 
the time of avoiding- all legislation that would look as though 
Congress was determining any sijecific tyjje of coupler. 

We have kept patent owners away from us. We have kept 
every one whoever it was away from us who desired that any spe- 
cific patent should be adopted by the Congress of the United 
States. The committee thought that the scheme specified in the 
bill was as simple and as just and as fair a way to arrive at what 
the standard coupler should be as any other. 

Mr. COCKRELL. Right on the coupler question, I want to 
ask the Senator, if it will not disturb him 

Mr. CULLOM. No, sir: not at all. 

Mr. COCKRELL. Would not the bill compel all the com- 
panies practically to adopt one particular patent for coupling? 

Mr. CULLOM. Not at all. I understand and I think the 
Senator, if he will read the Interstate Commerce Commission re- 
port, will see that there are about forty different patent couplers 
which work together, that is to say, either one of which will 
couple with the other automatically. So we have avoided, as 
near as we could possibly do it, the proposal of any legislation 
that would fasten upon the country the necessity of taking any 
particular patent the owner of which might have a monopoly in 
the premises. 

Mr. COCKRELL. Suppose that the larg'er corpoi'ations, the 
larger mileage of road, and I believe we go by mileage 

Mr. HARRIS. No; by the number of freight cars. 

Mr. COCKRELL. Well, having the larger number of freight 
cars — it is just the same thing. The longer the road the more 
freight cars there will be. Suppose they should combine and 
agree upon one coupler, would not that compel all the others 
either to take that one particular kind or those so similar to it 
as to be interchangeable with it? 

Mr. CULLOM. Of couvss if 75 per cent of the companies 
should vote for a particular coupler, that is to say, a particular 
type of coupler, the balance under the bill would have to adopt 
a type that would couple with it. It would not necessarily be 
the same patent, but whatever device coupled with that car 
without making it necessary that the switchman should go be- 
tween the cars I understand the bill would allow to be used. 

Mr. COCKRELL. Would it allow the introduction of any- 
thing very recently granted that has not been used at all? 
Could theyieonsider that under the bill? 

Mr. CULLOM. I assume they could; and whether they did 
or not, if a railroad should jiut a coupler on its cars that coupled 
with the coupler adopted by the carriers controlling 75 per cant 
of the cars, my judgment is that it would comply with the law. 

Mr. COCKRELL. There is no doubt there is great progress 
being made in these inventions, and necessarily so. 

INIr. CULLOM. Unquestionably. 

Mr. COCKRELL. Quite a distinguished gentleman handed 
me .a little provision iu regard to this feature, and that is the 
reason I want to bring it up just at this point, suggesting an 
amendment, as follows: 

That any automatic car coupler lately invented or patented and not now 
in use which does not di.scouuect Itself vertically and is safer than the 
present car couplers in use, may bo given the preference ou examination by 
the Interstate Commerce Commission, anything in this act to the contrary 
notwithstanding. 

Now, as I understand the provision regarding the Interstate 
Commerce Commission, the question is not left to them? 

Mr. CULLOi\I. Not in the first instance. 

Mr. COCKRELL. It is left to this railroad association. 

Mr. CULLOM. Not a railroad association, but if the railroads 
themselves, representing 75 percent of the cars of the country, 
say that aijarticular type of coupler is the type adopted, the In- 
terstate Commerce Commission would proclaim that that was 
the coupler to be used. However, any other coupler in use, of 
the same type substantially, so that it could couple with these 
couplers, I understand the carrier would have a right to use. 
The groat desire and purpose of the committee has been to se- 
cure the adoption of what we call a uniform coupler, of which, as 
I say, there are about forty patents or types which are substan- 
tially the same as far as coupling is concerned. 

Mr. HARRIS. In this e.xact connection I should like to ask my 
friend from Illinois if he is not satisfied by the testimony which 
has been given before his committee that the railroad companies 
of this country are adopting the automatic coupler, the self-coup- 



ler, as rapidly as in their financial condition they can afford to 
do. Such is my recollee',ion of the testimony which has beengiven 
before the committee. 

If that be true, while all of us desire safer appliances of every 
description that will protect life and limb, still it is a question 
as to exactly how far wo should coercively go to compel com- 
panies to adopt one particular thing, and while the thing 
adopted may be regarded as the best to-day it may be utterly 
discarded day after to-morrow. 

Mr. CULLOM. In respon.se to the inquiry of the Senator from 
Tennessee, I will state that most of the railroads, and I might 
say all of them, insist that they are doin^ the best they can. I i 
agros that they say that, but while they are saying that, not ' 
one-third of the freight cars of the country are eqtiipped with 
these brakes or couplers. WhUe that is true, and while tho 
railroads are going forward at their own gait putting some on 
every year, the laboring men, the employ(^'S of the roads, the 
switchmen, the yardmen, the men upon the tops of the cars, are 
complaining that the roads are not putting them on as rapidly as 
they ought to be put on. 

Mr. VILAS. Mr. President 

The PRESIDING OFFICER. Does the Senator from Illinois 
yield to the Senator from Wisconsin? 

Mr. CULLOM. I do. 

Mr. VILAS. I should like to ask the Senator from Illinois, 
who has given a good deal of attention to this subject, if he ha- 
known any instance in which any of the railroad companies de- 
ferred paying dividends in order to add these facilities to pro- 
tect the lives of their employes? 

Mr. CULLOM. I am obliged to the Senator from Wisconsin 
fov asking me that question. The truth is, Mr. President, that 
while the railroad companies insist that they are doing the best 
they can, they are looking to their finances more than to the pro- 
tection of life and the security to limb of the men operating their 
trains. 

Mr. WOLCOTT. May I ask the Senator from Illinois a ques- 
tion? 

Mr. CULLOM. Certainly. 

Mr. WOLCOTT. The Senator stated with great v/armth and 
a good deal of feeling the unfortunate situation of the railroad 
employes. I desire to ask him if it is not a fact that the Asso- 
ciation of Switchmen, in convention a>^sembled, protested against | 
the adoption of anything except the link and pin coupling. I ' 
also desire to ask whether that fact does not appear in the testi- 
mony of our committee ? 

Mr. CULLOM. I will state what I think the testimony does -; 
show. Some link-and-pin men came before our committee, as I : 
remember, and said if we were going toallow this matter to drag 
along, making only a little improvement each year, it would re- 
sult in making confusion worse confounded, and they would 
rather go back to the old link-and-pin arrangement, for then 
thej' would know what they had to deal with. 

Mr.WOLCOTT. I know the Senator from Illinois is extremely t 
anxious to state the fact as it really exists. If he will turn to ' 
page 106 of the testimony, which was taken under the supervision 
of the chairman of the committee, he will find the following state- 
ment, made under date of September 21: 

Buffalo, Septtmbcr S4, IW?. 
The switchmen's convention last night selected Philadelphia as the next 
place of meeting. On the question of car couplers the vertical plane or car 
builders' type was almost imanimously condemned, the members citing the 
crippled delegates as a result of the many patent cotyilers used, and a mo- 
tion was made and carried indorsing the link and pin bar with a recess ou 
the side that affords protection to the operator, 

I ask the Senator if I have not fairly stated the testimony. 

Mr. CULLOM. Of course, if the Senator reads it. 

Mr. WOLCOTT. I ask if that does not look as if there was 
some objection to this proposed legislation by the switchmen 
themselves? 

Mr. CULLOM. I do not raise any question about the testi- 
mony being as the Senator has read it. 

Mr. HISCOCK. I wish to interject a question which is some- 
what in response to the question asked by the Senator from Wis- 
consin [Mr. Vilas] and also pertinent in view of the remarks 
which have been made. Is it not true that committees of me- 
chanics connected with the railroad companies have absolutely 
failed in any such committee or conference — whether of three 
or five I do not know — to secure a majority, even, of any com- 
mission appointed in favor of any one device? 

Mr. CULLOM. Referring to the testimony as read by the 
Senator from Colorado [Mr. Wolcott] and suggested by some 
other Senator, it is true that there was more or less confusion or 
diffei-encc of judgment as expressed to the committee by the ■wit- 
nesses coming before us. For instance, Mr. Crocker, of Boston, 
who for a number of years was one of the railroad commission- 
ers of Massachusetts, had a bill of a particular kind and cam© 



1893. 



CONGEESSIOXAL RECORD— SENATE. 



1313 



the passage of the so-called Chandler immigration bill; which 
was referred to the Committee on Immigration. 

He also isresented a petition of Council No. 4G, United Ameri- 
can Mechanics, of Navarre, Ohio, praying for the passage of 
legislation to prevent the introduction into this country of the 
viciou:?, dependent, and criminal elements of the Old World; 
which was referred to the Committee on Immigration. 

Mr. TELLER pi-esented a memorial of 450 citizens of Denver, 
Colo., remonstrating against the repeal of the so-called Sher- 
man silver law: which was ordered to lie on the table. 

Mr. MITCHELL presented a petition of the Legislature of 
Oregon, praying- for the passage of legislation looking to the re- 
striction of the indiscriminate immigration of foreign laborers 
to the United States; which was referred to tlie Committee on 
Immigration. 

Mr. Mcpherson ]3resented the petition of A. C. Barber and 
60 other infltiential citizens of Lambertvillo, N. J., praying for 
the repeal of the so-called Sherman silver law; which was or- 
dered to lie on the table. 

He also in-eseuted petitions of W. Scott Chufey and 30 other 
citizens of Ocean County, N. J., and of sundry citizens of New 
Jersey, praying for the passage of legislation amending the im- 
migration laws and the appointment of a commission to investi- 
gate immigration; which were referred to the Committee on Im- 
migration. 

ENROLI.ED BILLS SIGNED. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the Speaker of the 
House had signed the following enrolled bills and joint resolu- 
tion; and they were thereupon signed by the Vice-President: 

A bill (H. R. 929) granting a pension to Mrs. Mary E. Donald- 
son: 

A bill (H. R. 2592) for the relief of Andrew B. Knapp; 

A bill (H. R. 5649} for the relief of Lieut. F. W. Davis and 
granting him an honorable discharge; 

A bill (H. R. 6797) to authorize the construction of a bridge 
across the Cahaba River, in Bibb County, Ala., by the Mont- 
gomery, Tuscaloosa and Memphis Railway; 

A bill (H.R. 82ii8) to amend chapter 559, page 1095, volume 
26, United States Statutes at Large; 

A bill (S. 1933) in relation to testimony before the Interstate 
Commerce Commisoion and in cases of proceedings under or con- 
nected with an act entitled "An act to regulate commerce," ap- 
proved February 4, 1887, and amendments thereto; 

A bill (S. 3798) to authorize the building of a railroad bridge 
at Little Rock, Ark.; and 

Joint resolution (S. R. 144) to provide for maintenance of order 
during inaugural ceremonies, March, 1893. 

REPORTS OF COMMITTEES. 

Mr. HARRIS, from the Committee on Finance, to whom was 
referred the bill (S. 3561) to encourage the construction of elec- 
tric railroads, to facilitate the rapid transportation of the mails, 
to promote the interests of commerce and travel, and to aid in 
demonstrating the feasibility of the distribution of electrical 
power for agricultural and other purposes along the line of elec- 
tric roads, and especially to aid in the construction of a pioneer 
electric railroad between the cities of Chicago and St. Louis, by 
the Chicago and St. Louis Electric Railroad Company, and to 
secure to the Government the use of the same for postal, mili- 
tary, and other purposes at the existing rates, reported it with 
an amendment, and submitted a report thereon. 

Mr. PETTIGREW, from the Committee on Public Lands, to 
whom was referred an amendment submitted by himself on the 
2^th ultimo, intended to be proposed to the sundry civil appro- 
priation bill, reported it with amendments, and moved that it be 
referred to the Committee on Appropriations and be printed; 
which was agreed to. 

Mr. BLODGETT, from the Committee on Pensions, to whom 
was referred the bill (S. 3S19) grantingapension to Mary Double- 
day, widow of Bvt. Maj. Gen. Abner Doubleday, reported it 
without amendment, and submitted a report thereon. 

Mr. 1\I[TCHELL, from the Committee on Claims, reported an 
amendment intended to be proposed to the deficiency appropri- 
ation bill; which was referred to the Committee on Appropri- 
ations, and ordered to be printed. 

He also, from the same committee, to whom was referred the 
bill (H. R. 5504) to permit the withdrawal of certain p,apers and 
the signing of certain receipts by John Finn or his attorney, 
reported it with an amendment, and submitted a report thereon. 

Mr. McMillan. I am instructed by the Committee on the 
District of Columbia, to whom was referred the bill (H. R. 8815) 
to extend North Capitol street to the Soldiers' Home, to report 
it with amendments. I ask that it take the place on the Calen- 
dar of Senate bill 2637 on the same subject, which is Order of 
Business 687. 



The VICE-PRESIDENT. That order will bo made iu the 
absence of objection, and the bill IS. 2637) to extend North Capitol 
street to the Soldiers' Homo will bo indelinitely iiostponetl. 

Mr. SQUIRE, from the Committee on Public Buildings and 
Grounds, to whom was referred an amendment submitted by him 
on the "th instant, reporied it withjul amendment and moved 
that it be referred to the Committee on Appropriations and bo 
printed; which wiis agreed to. 

Mr. CAREY, from tho Committee on Territories, reported an 
amendment intended to l>e proposed to the sundry civil appro- 
priation bill: which wa^ r, forrcd to the Committee on .\ppro- 
priations, and ordered to be printed. 

Mr. MANDKlvSON. from tho Committee on Printing, to 
whom was referred an amendment submitted by himself on tho 
4th Instant, intended to bo proposed to tlie sundry civil appro- 
priation bill, roportocrit favorably, and moved that it be referred 
to the Committee on Appropriations and bo printed; which was 
agreed to. 

SAnTHSOMIAN AND NATIO-VAL MUSEU.M REPOHT. 

Mr. MANDHUSON. I am directed by tho Comniittoo on 
Printing, to whom was referred the Senate concurrent resolu- 
tion submitted by tho Senator from Vermont [Mr. MouiULL], 
to report it liack favorably . and I ask for its i)resent consideration. 

Tho Senate, by unanimous consent, proec'del to consider tho 
concurrent resolution; which was roa<i, as follows: 

Iltsolved by the senate ll/ie I/oiife of ntpietenlalicrA concurring), Tliitt Ihore 
lie priniod of tlio reiwrls of lUo .^imitli.sonlan lusiltutlon and of th" V:iU<inal 
Miisiura for the ye,ir endiUR June :», IH92, In two octavo vol 1 i ex- 

tr.-v oo|)les, of which I.OOO coplw's sh;iU bo for the UM.' of llie .'i- .p- 

ies for tho use of tiie House of Rvin-eseiitatlvos, S.om) ropli'.s f..: • iho 

Smlthsonliui instltutlou, and :.'.ouo copies for tho use of ihc Natlumii mi -nm. 

Mr. MANDERSON. This is tho regular report of the Smith- 
sonian Institution and tho National Museum, and the number 
provided for accords with the public printing bill, which has 
passed both Houses of Congress. 

Mr. COCKKELL. Would there bo any reasonable chance o( 
getting tliese publications issued a little closer to the time they 
pretend to rejiresent: that is, to bring thorn up within a short 
time of the current year':" 

Mr. MANDiiRSON. I hope it may be so. Of course that de- 
pends very largely upon the amount of labor which may be 
thrown upon the Government Printing Oilice. The Senator 
must be aware of the fact that the Public Printer is the head of 
that concern and not the Committee on Printing. Tho amount 
of work thrown upon the Government Printing Office during tho 
sessions of Congress is very great, and of course matter of this 
character must step to one side while that which is more press- 
ing is printed, Tho amount of work performed at the Public 
Printing Office for the Executive Departments grows with every 
succeeding day, and naturally so, because the work of the De- 
partments grows with the increa.se of the country. 

I have simply to say of the present management of the Gov- 
ernment Printing Office that I think it has ma le some very great 
improvements, and that matter is issued more promptly than has 
been the case heretofore. This is not only because of the pres- 
sure upon tho Public Printer by Congress and by members of 
Congress, but because of the efficiency of that officer, as I think 
all must recognize. 

I realize tliat there is great trouble in this direction, but I 
do not see how it can be r/medied unless we make a very largo 
increase in theforce of thoGovernment Printing Office andgivo 
it greater facilities than it now possesses. The loss to the Gov- 
ernment in the output of the establishment caused by tho eight- 
hour system (against which I have no objection, and 1 merely 
mention it as producing a result in the slowness of work) and 
the thirti' daj's' leave granted to all employes, which is e(iual to 
about 10 per cent of their labor as well as their pay, of course 
produce delay in tho printing of important matter. Tho effort 
of the Joint Committee on Printing has been to procure dispatch 
in printing tho.se publications, and I hope there may be even a 
bettering of the condition as we rim along during the remainder 
of the present fiscal year. 

Tho concurrent resolution was agreed to. 

REPORT ON SWEATING SYSTEM. 
Mr. MANDERSON, from the Committee on Printing, to whom 
was referred tho following concurrent resolution of the House of 
Representatives, reported it withoutamendment, and it was con- 
sidered by unanimous consent, and agreed to: 

Hesolved by the House of Jlfiires(nla/iv(l (the Sfnate concurring ), Thit there 
\>e printed 6.CNX) copies of House Report No. S30J on the sweating system; 
of whlcli 2,000 copies shall be for the use of tho Scnaio and 4,000 copied for 
the use of tho House. 

BITION OF CHINESE IMJIIGRATION. 



Mr, SHERMAN. I am directed by tho Committee on Foreign 
Relations to report back to tho Senate tho ofllcial corresiiond- 
ence of tho Government of China with the United State relative 



XXIV- 



-83 



1314 



CONGRESSIONAL RECORD— SENATE. 



Februaey 8, 



to tho acts of Congress forbidding the immigration of Chinese 
and the treaty stipulations between the two countries, and to ask 
that this, being in the nature of a legislative document, be 
printed and be recommitted to the Committee on Foreign Re- 
lations. 

Mr. COCKRELL. What is the document? "We could not 
hear upon this side one solitary word that was said. 

Mr. SHERMAN. It is the correspondence between the Gov- 
ernment of China and the United States in respect to the recent 
law in regard to Chinese immigration, and being of a legislative 
character the committoo rc])ort it back so that it may be printed 
for the use of the Senate. 

The VICE-PRESIDENT. The correspondence will be printed 
as a document, if there ba no objection, and recommitted to the 
Committee on Foreign Relations. 

BILLS INTRODUCED. 

Mr. MORGAN introduced a bill (S. 3845) to provide forthe 
provisional government of foreign countries and places acquired 
by treaty or otherwise; which was read the first time by its title. 

Mr. MORGAN. I ask that the bill be read at length. 

The bill was read the second time at length, as follows: 

Be it enacted, etc., That whenever the United States shall acquire dominion 
over any foreign coantry or place, by treaty of annexation, or otherwise, the 
President of the United States, with the advice and consent of the Senate, 
may appoint a governor for the same and a legislative council to consist of 
any number of persons, not less than Ave, nor more than twenty-flve. whose 
acts shall be subject to revision or repeal by Congress, and, unless the treaty 
of annexation, or cession, shall otherwise prortde, said governor .and council 
sh.all constitttte and conduct a provisional government tor such country, or 
place, until Congress shall otherwise prortde by law. 

Mr. MORGAN. I move that the bill bo referred to the Com- 
mittee on Foreign Relations. 

The motion was agreed to. 

Mr. VANCE introduced a bill (S. S816) for the relief of G. M. 
Woodruff; which was read twice by its title, and referred to the 
Committee on Claims. 

Mr. DAVIS introduced a bill (S, 3847) gi-anting a pension to 

Sturgis, widow of Brig. Gen. Samuel Davis Stui-gis; which 

was read twice by it^ title, and referred to the Committee on 
Pensions. 

Mr. CAREY introduced a bill (S. 3848) to increase the pension 
of Juliet W. Hart; which was read twice by its title, and re- 
ferred to the Committee on Pensions. 

Mr. PERKINS introduced a bill (S. 3849) granting a pension 
to Henderson H. Boggs; which was read twice by its title, and 
referred to the Committee on Pensions. 

Mr. PETTIGREW introduced a joint resolution (S. R. 148) 
authorizing the secretary of the Smithsonian Institution to send 
articles illustrative of the life and development of the industries 
of women to the World's Columbian E.-cposition; which was read 
twice by its title, and referred to the Committee on theQuadro- 
Centennial (Select). 

AMENDMENTS TO APPEOPRIATION BILLS. 

Mr. DOLPH submitted an amendment intended to be proposed 
by him to the deficiency appropriation bill; which was referred 

,. to the Committee on Appropriations, and ordered to be printed. 

ilrftiiftr Mii^McMILLAN submitted an amendment intended to be pro- 

IDOseciby him to the sundry civil appropriation bill; which was 
referred to the Committee on Appropriations, and ordered to be 
printed. 

Mr. VOORHEES submitted an amendment intended to be pro- 
posed by him to the sundry civil appropriation bill: which was 
referred to the Committee on Territories, and ordered to be 
printed. 

Mr. CAREY submitted an amendment intended to be proposed 
by him to the sundry civil appropriation bill; which was re- 
ferred to the Committee on Appropriations, and ordered to be 
printed. 

Mr. HILL submitted two amendments intended to be proposed 
by him to the sundry civil appropriation bill; which were i-e- 
ferred to the Committee on Appropriations, and ordered to bo 
printed. 

Mr. TELLER submitted an amendment intended to be pro- 
posed by him to the sundry civil appropriation bill; which was 
referred to the Committee on Territories, and ordered to be 
Ijrinted. 

Mr. POWER submitted an amendment intended to be pro- 
posed by him to the sundry civil appropriation bill; which was 
referred to the Committee on Military Ail'au-s, and ordered to 
be printed. 

He also submitted an amendment intended to be proposed l)y 
him to the sundry civil appropriation bill; which was referred 
to the Committee on Territories, and ordered to be printed. 

He also submitted an amendment intended to be proposed by 
him to the sundry civil appropriation bill; which was referred 
to the Committee on Commerce, and ordered to be pi'inted. 

Mr. MANDERSON submitted an amendment intended to be 



proposed by him to the deficiency appropriation bill; which was 
referred to the Committee on Military Affairs, and ordered to 
be printed. 

Mr. BLACKBURN submitted an amendment intended to bo 
proposed by him to the sundry civil appropriation bill; which 
was referred to the Committee on Commerce, and ordered to be 
printed. 

Mr. PRYE submitted an amendment intended to be proposed 
by him to the sundry civil appropriation bill; which was referred 
to the Committee on Public Buildings and Grounds, and ordered 
to be printed. 

Mr. PASCO submitted an amendment intended to be proposed 
by him to thesimdry civil appi-opriation bill; which was referred 
to the Committee on Commerce, and ordered to be printed. 

Mr. DANIEL submitted an amendment intended to be proposed 
by him to the sundry civil appropriation bill; which was referred 
to the Committee on Appropriations, and ordered to be printed. 
THE ELECTORAL COUNT. 

On motion of Mr. HOAR, it was 

Ordered, That at 5 minutes before I o'clock to-day the Senate, in pursuance 
of the concurrent resolution of the two Houses, proceed to the Hall of the 
House of Representatives, to take part, under the Constitution and laws. In 
the count of the electoral votes lor President and Vice-President of the 
United States. 

SEAL ISLAND FISHERIES. 

Mr. TELLER submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

Hesohvd, That the Secretary of the Treasury be directed to transmit to 
the Senate copies of all reports made by special agents to the Seal Islands 
during the years 1891 and 1893. 

EMPLOYMENT OP ADDITIONAL PAGES. 

Mr. SHERMAN submitted the following resolution; which 
was referred to the Committee to Audit and Control tho Con- 
tingent Exjjenses of the Senate: 

Hesolved, That the Sergeant-at-Arms be, and he Is hereby, authorized to 
appoint two additional pages for the balance of the present session, to be 
paid at the rate of K.50 per day each, to be paid from the miscellaneous 
items of the contingent fund of the Senate. 

SETTLERS IN TUCSON LAND DISTRICT, ARIZONA. 

The VICE-PRESIDENT. Is there further morning business? 

Mr. COCKRELL. The Calendar, Mr. President. 

The VICE-PRESIDENT. If not that order is clo-sed, and tho 
Calendar under Rule VIII is in order. 

Mr. DOLPH rose. 

Mr. COCKRELL. I hope we shall be allowed to go on with 
the Calendar. 

Mr. DOLPH. A bill was pas.sed over on my objection in re- 
gard to settlers in the Tucson land district, in Arizona Territory. 
I asked that it might go :Over until Tuesday. It is a House bill 
and was entitled to consideration under the order. If nobody 
objects I ask that the bill be taken up and disposed of. I am not 
personally interested in it; I merely want to do justice to the 
parties who are interested in it. 

The bill (H. R. 7625) for tho relief of certain settlers on publio 
land in the Tucson land district in Arizona was considered as in 
Committee of the Whole. It provides that any person having 
filed for or entered lands within the Tucson land district in Ari- 
zona who shall prove to the satisfaction of the register and re- 
ceiver of the Tucson land office and the Commissioner of the 
General Land Office that he has paid any money Ln fees, commis- 
sions, or for the land more than once, or where he has paid 
double minimum price for land after it was proclaimed for pur- 
chase at single minimum by the General Land Office, such ex- 
cess so paid shall be repaid to the person who so paid .the same, 
or to his heirs or personal representatives. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

JOHN W. WACKER. 

Ivlr. COCKRELL. The Calendar. 

The VICE-PRESIDENT. The first bill on the Calendar will 
be announced. 

The bill (S. 3113) to remove the charge of desertion standing 
against John W. Wacker was announced as first in order, and 
the Senate, as in Committee of the Whole, proceeded to its con- 
sideration. 

Tho bill was reported from the Committee on Military Affairs 
with amendments: In line 5, after the name " Wacker," to strike 
out "late "and insert "who enlisted under the name of John 
Walker as a; " inline (i, after the word " private," to insert "in;" 
and in the same line, after the word " company," to insert " L 
and transferred to Company I:" and in line S, after the word " in- 
fantry," to strike out " and issue to him an honorable discharge 
from said Company I, Ninth New Jersey Volunteer Infantry," 
and insert — 

absent without leave from Company I, Ninth New Jersey Volunteer In- 
fantry, after September 9, 1863, he having had twenty-flve years of faithful 
service since his absence without leave under his original enlistment. 



1893. 



CONGRESSIONAL REOOllD— SENATE. 



1319 



act to prohibit the coming of Chinese persons into the United 
States," appx'oved May 5, 1892, was announced as n.^xt in order. 

Mr. COCKRELL. The Senator from Oregon [Mr. Dolph], 
who reportea that bill, is not present. 

Mr. HAWLEY. Lit the bill go over. The Senator from 
Oregon is not here. 

Mr. HOAR. I should like to move an amendment before the 
bill goes over and let it and the amendment go over together. 

Mr. COCKRELL. Certainly. 

Mr. HOAR. I move to amend by striking out all after the 
enacting clause and iusertiug these words: 

That the act to prohibit the coming of Chinese poi'sous into the United 
States, approved May 5, 1S92, is hereby repealed. 

Mr. SHERMAN. That is in the nature of an objection. 

Mr. HOAR. I should think it was. 

The PRESIDING OFFICER. The bill will be passed over. 

Mr. DOLPH sulsequently said: May I inquire what disposi- 
tion was made of the bill (S. 3360) to amend section G of an act 
entitled "An act to prohibit the coming of Chinese persons into 
the United States,"' approved Maj' 5, 181)2':' 

The PRESIDING OFFICER. It was passed over on account 
of the absence of the Senator from Oregon. 

Mr. DOLPH. Was there objection to its present considera- 
tion? The only effect of the bill is to strike out the word 
" white" where white witnesses are required in the act, so as to 
make it read "at least one credible witness, not a Chinese per- 
son or person of Chinese descent." 

l\Ii'. COCKRELL. There was no specific objection made to 
the bill, except that it was not to be considered in the absence of 
the Senator from Oregon, who reported it. 

Mr. DOLPH. I should like to call up the bill, if there is no 
objection, that it may be put on its passage. 

Mr. COCKRELL. The Senator from Massachusetts [Mr. 
Poar] proposed an exceedingly important amendment to ths 
bill, which was to strike out the entire bill and substitute a 
clausa repealing the law of 1892. 

Mr. DOLPH. I am ready for a vote on that amendment, it it 
is in order. 

Mr. HOAR. Let the bill go over. 

Mr. DOLPH. This is the second time the bUl has gone over, 
first upon the objection of the Senator from Illinois on the other 
side of the Chamber [Mr. Palmer], and now by the Senator from 
Massachusetts [Mr. Hoar]. The colored people complain about 
the law because the word "white" is used. 

The PRESIDING OFFICER. The bill will be passed over. 

E.4ST WASHINGTON CROSSTOWN RAILWAY. 

The bill (S. 1876) to incorporate the East Washington Cross- 
town Railway Company of the District of Columbia was an- 
nounced as next in order. 

Mr. McMillan. I move that this bill bo recommitted to the 
Committee on the District of Columbia. 

The motion was agreed to. 

ESTATE OF EZEKIEL T. KEEL. 

The bill (S. 2940) for the relief of .Tames A. Richardson, ad- 
ministrator of Ezekiel T. Keel, deceased, of Shelby County, Tenn. , 
■was the next in order. 

The PRESIDING OFFICER. The bill having been adversely 
reported will be placed under Rule IX. if there is no objection. 

Mr. COCKRELL. Yes; let it go over under Rule IX. 

EXEMPTION PROM COMPETITIVE EXA^^NATION.S. 

The bill (S. 3024) to exempt vetei-ans from competitive exam- 
inations in the classified service of the United States was an- 
nounced as next in order. 

Mr. TURPIE. I ask the unanimous consent of the Senate that 
that bill may be considered. 

Mr. COCKRELL. Let us hear it read for information first, 
and then we can tell. 

The PRESIDING OFFICER. There has been no objection 
made to its consideration that the Chair has hoard. The bUl will 
be read at length. 

The Secretary read the bill, as follows: 

Be it enacted, etc.. That persons who are iu the classlfleil civil service of the 
United States, and who were honorably discharged from the military or naval 
ser^^ce of the United States, shall have the right to bopromoted in such serv- 
ice without being subjected to the compiUsory compotitivo examination now 
required of applicants for promotion, escept such examination as may be 
required by the appointing power to test the fitness of the applicant tor pro- 
motion. 

Mr. TURPIE. I hope the bill will be passed. It applies to 
ex-soldiers of the Union now in the classified service and relates 
to them only so far as to exempt them from competitive examina- 
tions for promotion. I express the hope again that the bill may 
be passed. 

Mr. COCKRELL. No one has objected to the bill. 

The Senate, as in Committee of the Whole House, proceeded 
to consider the bill. 



Mr. TURPIE. The bill relates to a very small class of ox-sol- 
diers of the Union who are now holding positions in the classified 
service, and it only operates to exempt that comparatively small 
clas.s from competitive examinations when thoir names are pre- 
sented for promotion. Under the ordinary and regular rules of 
what is called the civil or departmental service whtu a name is 
presented or comes up for promotion there has to bo a comijoti- 
tive examination. 

Many of these persons having been engaged in the army in 
thoir youth did not have the opportunity of scholastic acquire- 
ments, and although they are perfectly c oinpct nt to discharge 
the duties both of the present position a:ul of ih'' d in 

promotion, they might not puss a competitive sc;. ..uni- 

nation. The solo object of the proposed act is ij , . ihis 

class from the operation of the ordinary rule with respect to 
competitive scholastic examinations for further promotion. 

The bill was reported to the Soniito without uuieudmcnt, 
ordered to be engrossed for a third reading, read the third time, 
and passed. 

TIMBER CULTURE. 

The bill (S. 3393) to amend an net approved March 3, 1891, enti- 
tled "An act to repeal timtoi'-cuUuru laws," and for other pur- 
poses, was announced as next in order. 

Mr. l^EXTIGREVV. Let that bill go over without prejudice. 

The PRESIDING OFFICER. The bill will bo passed over 
without prejudice. 

GULP, COLORADO AND SANTA FE RAILWAY. 

The bill (S. 3147) to authorize the Gulf, Colorado and Santa Fo 
Railway Company to purchase certain lands for station |iurposes, 
in the Chickasaw Nation, Indian Territory, was comiideroil as iu 
Committee of the Whole. 

The hill was reported to the Senate without amondment, or- 
dered to be engrossed for a third reading, road the third time, 
and passed. 

THEOPHILUS FISK MILLS. 

The bill (S. 330) for tho relief of Thoophilus FUk Mills WOB 
announced as next in order. 

Mr. COCKRELL. Let that bo passed over for tho present, 
the Senator reporting it not being present. 

The PRESIDING OFFICER. The bill will bo passed over 
without prejudice. 

SAMUEL J. HAYNES. 

The bill (S. 1.344) to make payment to Samuel J. Haynes of 
money orr.)ncously and by mistake paid on his homestead entry 
was considered as in Committee of tho Whole. It proj)o3cs to 
pay Samuel J. Haynes *4U0, less such fees as the Commissioner 
of the General Land OIKce shall certify and determine to havo 
been properly due the Government on his homestead entry in 
Kimball County, Nebr., on which ho made final proof January, 
18911, at the Sidney land office. 

Tho bill was reported to tho Senate without amendment, or- 
dered to bo engrossed for a third reading, read tho third timo, 
and passed. 

Mr. COCKRELL. I move to strike out tho preamble. 

The preamble was rejected. 

GEORGE C. TANNER. 

The bill (S. 2iiS0) to reimburse George 0. Tanner, late consul 
and so forth, the sum of ?2 10, paid by him for rent of rooms, was 
considered as in Committee of the Whole. It proposes to pay 
$200 to George C. Tanner, late consul at VcrN-iers and Liege, for 
rent of rooms paid by him. 

Tho bill was reported to tho Senate without amondment, or- 
dered to bo engrossed for a third reading, road tho third tlmo, 
and passed. 

DILLS PASSED 0\'ER. 

The bill (S. 3378) to finally adjust and settle tho claims of Ar- 
kansas and other States imdor tho swamp-land grants, and for 
other purposes, was announced as next in order. 

Mr. COCKRELL. That bill will lead to discussion, and tbo 
Senator who reported it is not present. 

The PRESIDING OFFICER. The bill will be passed over 
without prejudice. 

The bill (S. 2141)) for the relief of tho Baptist Church at Red 
Banks, in Marshall County. Miss., was announced as next in order. 

Mr. HAWLEY. The bill goes over under tho rule, it having 
been adversely reported. 

Mr. COCKRELL. I object to the bill. Let it go over under 
Rule IX. 

Tho PRESIDING OFFICER. The bill will go over under 
Rule IX. 

Tho bill fS. 6T4) for the relief of Mosby & Hunt, of Memphis, 
Tenn., was announced as next In order. 

Mr. COCKRELL. That bill goes over under Rule IX, because 
it is adversely reported. 

Mr. HOAR. I wish to enter my protest against the interprotar 



1320 



CONGRESSIONAL EE CORD— SENATE. 



Eebeuary 8, 



lion of the rule, that merely because there is an adverse report, 
a bill goes over under the rule. The objection is not to the bill, 
but to the consideration of the hill at the present time. A com- 
mittee may very well have made an adverse report and every- 
body be willing to settle it now. I do not see why the matter 
should not be settled unless there is some objection to its being 
dealt with now. 

Mr. COCKRELL. When an objection is made I think a bill 
goes over under the rule, and I made a specific objection in each 
one of these casjs in order to save the very point the Senator is 
making-. 

Mr. HOAR. That is iill very right. I do not ob.iect to the 
bill going over; it is the rightof any !Sena.tor toobjcet: but what 
I object to is an interpretation of the rule that a mere adverse 
report or a diti'erenc j of opinion about a bill sends it over. 

Mr. COCKUELL. Not at all. 

Mr. HOAR. The Senate might desire to have it settled now. 

Mr. COCKKELL. Certainly. 

The bill (rf. 450) for the relief of Alexander Stoddart, of New 
York, wa.s announced as njxt in order. 

Mr. COCKKELL. That is quite a long bill, and the Senator 
reporting it is not present. It may lead to discussion. I ask that 
it hi passed over without losing its place on the Calendar. 

The PRESIDING OFFICER. The bill will be passed over 
without prejudice. 

. CATHERINE E. 'WHITA'LL. 

-^™**fhe bllP(S. 3309) for the relief of Catherine E. Whitall was 
considered ;n in Committee of the Whole. It authorizes the 
accounting ollicers of the Treasury, in the settlement of the ac- 
counts of Maj. .John A. Whitall, deceased, late paymaster in the 
United Stat'S Army, to pass to the credit of his legal represent- 
atives whatever amounts may be shown b3''Batisfactory evidence 
to have been paid by him, the vouchers for which payments have 
been stolen from him. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossad for a third reading, read the third time, 
and ];assed. 

TIME PENALTIES ON TUE CONCORD AND BENNINGTON. 

The bill (S. 339.")) to remit the penalties on gunboat numbered 
3, the Concord, and gunboat numbered 4, the Bennington, was 
considered as in Committee of the Whole. It authorizes the 
Secretary of the Navy to remit to N. F. Palmer, jr., & Co., of 
New York City, the time penalties exacted by the Navy Depart- 
ment under the contracts with that company for the construc- 
tion of gunboat numbered 3, known as the Concord, and gunboat 
numbered 4, known as the Bennington, the United States hav- 
ing suffered no damage by the delay in the construction of the 
gunboats. 

Mr. COCKRELL. Lot the report be read in that case. 

The PRESIDING OFFICER. The report will be read. 

The Secretary read the following report, submitted by Mr. 
Blackburn July 16, 1892: 

TliP Committee on Naval Affairs, to whom was referred the bill (S. 3395) to 
remit the time penalties on gunboat No, 3, the Concord, and gunboat No. 4, 
the Bennini^tou have considered the same and report as follows: 

The contracts for building these vessels required that they should be com- 
pleted and ready for delivery within eighteen months from tne date of the 
contracts, and iii caseof failure in thatrespectthatthecontractors should be 
liable to the imposition of penalties for each days deUay. 

In the case of the Concord ihe delay was sixty-five days and th^ penalties 
amounted to 13, '350, and in the case ot the Bennington there was a delay of 
ninety-two davs and the penalties amounted to 15,350. 

The bill having been referred to the Secretary ot the Navy for a report on 
the facts, the Secretary, after a lull statement ot the case, s.ays: 

"While it was required by the contracts for the construction ot the Con- 
cord and the Bennington tliat those vessels should bo constructed of steel of 
domestic manufacture, the manntacttire of steelof thereqinsitequallty was. 
at the time of the execution of said contracts, but little understood in this 
country and but few companies were possessed of a plant adequate to its 
Xiroduction, and as the construction of several other steel vessels had re- 
cently been contracted for by this Department with other firms the steel 
manillactories throughout the country were, during the period for which the 
contractors for the Concord and Bennington experienced delays in obtain- 
ing materials, as stated above, taxed beyond their capacity to supply, within 
the time limited therefor, materials for all of such vessels which would meet 
the requirements ot the Department, 

"This cause ot delay, though it could n<5t be considered by the Department 
as a basis for extending the time tor the completion of said vessels, was due 
to circumstances beyond the control of the contractors, and the Govern- 
ment has sustained no loss by reason ot the delay," 

It appearing from the report ot the Secretary that the delay for which the 
pen.Tlties were Imiwsed "was due to circurast.ances beyond the control ot 
the contractors, and that the Go vernment has sustained no loss by reasi m of 
the delay," your committee report back the bill and recommend its passage. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, and was read the third 
time . 

The PRESIDING OFFICER. The question is, Shall the bill 
pass'? 

Mr. CHANDLER. I will content myself with voting in the 
ne^'ative on the passage of the bill. I am not in favor of it. 

The bill was iiassed. 



M. S. HELLMAN. 

The bill (S. 2142) for the relief of M. S. Hellman, of Canyon 
City, Oregon, was considered as in Committee of the Whole. 

The bill was reported from the Committee on Claims with an 
amendment, in line 5, after the word "directed," to strikeout 
the following words: 

To cause to I)epaid toM. S. Hellman, of Canyon City, State of Oregon, out of 
any moneys in the Treasury not otherwise appropriated, and which amount 
is hereby aiiprrttiriated, the amount of $5,542.55. the balance due him on a 
contract of May 2'.l, 1871. with the Quartermaster's Department, for the de- 
livery of grain at Camp Harney; and the further sum of $o50,7'J, currency, 
due him for flour furnished atCamp Harney uuder acontract ■with the Com- 
missary Department ot dale of .July 5. 1S71. And ho is further instructed to 
cause to he canceled all claims for damagesheld by the Commissary Dejjart- 
mcnt against said Hellman by reason ot his failure to deliver flour at Camp 
Warner, as per contract ot date of July 5. 1S71, said Hellman having been 
jirevented from complying with such contract by reason ot unforeseen and 
unavoidable accident. 

And to insertt 

Tocharge to M. S. Hellman, of Canyon City , Oregon, the sum ot 51,0)0 dam- 
:;ges, as in full tor all damages sustained by the United States forthe breach 
of his contract made July 5. 1S71. with Capt, W. H. Bell, commissary of sub- 
sistence. United States Army, for the supply of flour at Camp Warner, Ore- 
gon, remitting all further claims of damage under said contract, and to 
settle and adjust his unsettled accounts with the Government, after the de- 
(inniou of said sum of Ifl.OtX); and the Secretary of the Treasury is directed 
to pay this balance found due said Hellman upon the proper vouchers there- 
for: Provided, Th.at the said Hellman shall accept the amount so found due 
in full and final settlement of all claims upon the Government. 

So as to make the bill read: 

B( it enacted, etc.. That the Secretary of War and the proper accounting 
ofdcera ot the Government be, and they are hereby, authorized and directed 
to charge to M. S. Hellmau, ot Canyon City, Oregon, etc. 

Mr. BATE. What is the amount involved? 

The PRESIDING OFFICER. One thousand dollars. 

Mr. PEEPER. There is no reason why the bill should be 
pas.-ed over. 

The PRESIDING OFFICER. There has been no objection 
made ta the c msideration of the bill. The inquiry has been 
made as to how much is involved in it. 

Mr. PEFFER. The report will show. I think about a thou- 
sand dollars. 

The PRESIDING OFFICER. The report will be read, if it 
is desired. 

Mr. BATE. The amount is what I wished to ascertain. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the committee. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

PRESIDENTIAL, APPROVALS. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of his secretaries, announced that the President 
hatl on the (ith instant approved and sie."ed the act (S. 37.")3) re- 
lating to the anchorage and movcuient or vessels in the jjort of 
Chicago. 

The message also announced that the President of the United 
Statjs had on the Tth instant approved and signed the act (S. 
509) granting an increase of pension to Thomas J. Matlock. 

EMPLOYMENT OF ADDITIONAL PAGES. 

Mr. .TONES of Nevada, from the Committee to Audit and Con- 
trol the Contingent Expenses of the Senate, to whom was re- 
ferred the following resolution, submitted by Mr. Sherman, re- 
ported it without amendment, and it was considered by unani- 
mous consent, and agreed to: 

III ■■solved. That the Sergeant-at-Arms be. and he is hereby, authorized to ap- 
point two additional pages tor the balance of the present session, to be paid 
at the rate of J';..50 per day each, to be paid from the miscellaneous items ot 
the contingent fund otthe Senate. 

EQUESTRIAN STATUE OF MAJ. GEN. JOHN STARK. 

The bill (S. 2158) for the erection of an equestrian statue of 
Maj. Gen. John Stark in the city of Manchester, N. H., was an- 
nounced as next in order on the Calendar. 

Mr. COCKRELL. Let that be passed over for the present. 

The VICE-PRESIDENT. The bill will be passed over with- 
out prejudice. 

Mr. CHANDLER. I hope the Senator from Missouri will let 
the bill be passed. As he knows, a similar bill was passed at a 
foi'mer Congres.s by a very large majority, and I hope he will 
allow it to pass. 

Mr. COCKRELL. This is the ornamentation statue wo once 
(lisc'sSGd. }i ftVA^ 

Mr. CHAN.DLER. This is the one. Will not the Senator ba 
kind enough to withdraw his objection and let the bill pass? 

Mr. VOORHEES. I rise to inquire of the Senator from New 
Hiunpshire whether there is any other statue erected to Gen. 
Stark? Is there any other monument or statue to his memory? 

Mr. chandler". Certainly; in the Statehouse yard at Con- 
cord, N. H., erected by the State. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1357 



Christopher Schmidt; which was read twice by its title, and, 
with the accompanying- papers, referred to the Committee on 
Military Affairs. 

Mr. WASHBURN. I move that the accompanying papers be 
printed. 

The motion was agreed to. 

Mr. DAWES introduced a bill (S. 3852) to pension Mrs. Eliza 
B. Peirce, widow of Charles Peirce, of Now Bedford, Mass.; 
which was read twice by its title, and referred to the Committee 
on Pensions. 

Mr. MCMILLAN introduced a bill (S.3853) to provide for the 
organization of aa army and navy reserve; which was read^ 
twice liy its title, and. with the accompanying papers, referred 
to the Committee on Military Affairs. 

Mr. VOORHEES introduced a bill (S.33:)4) providing for re- 
building lock No. 2, Green River, at Rumscy, Ky.; which was 



read twice by its title, and referred to the Committee on Com- 
merce. 

Mr. DOLPH introduced a joint resolution (S. R. 149) instruct- 
ing the Attorney-General to defend settlers in California who 
hold land patents against ejectment suits brought by the South- 
ern Pacific Railroad Company, to dein-ivo them of their homes; 
which was read twice by its title, and, with the accompanying 
papers, referred to the Committee on Public Lan^s. 

AMENDMENTS TO APPROPRIATION I3ILLS. 

Mr. CALL submitted an amendment intended to be proposed 
by him to the sundry civil appropriation bill; which was referred 
to the Committee on Appropriations, and ordered to be printed. 

Mr. McMillan submitted an amendment intended to be pro- 'ri m '^ itUUtf'Ul' ■IfJI'JI 

posed by him to the sundry civil appi'opriation bill; which was-f^,. i^J^T^Tf? ^(■•„i .''.i^ 

referred to the Committee on Appropriations, and ordered to bo 
printed. 

Mr. DAVIS submitted an amendment intended to bo proposed 
by him to the deficiency appropriation bill; which was referred 
to the Committee on Appropriations, and ordered to be printed. 

Mr. PETTIGREW submitted two amendments intended to bo 
proposed by him to the Indian approjn-iation bill; which were 
referred to the Committee on Indian Affairs, and ordered to be 
printed. 

Mr. HUNTON submitted an amendment intended to be pro- 
posed by him to the naval appropriation bill; which was re- 
ferred to the Committee on Appropriations, and ordered to be 
printed. 

Mr. CAREY. I move that the petition of the Legislatui-o of 
Montana, praying for the passage of Senate bill 2373. to amend 
sections 2474 and 2475 of the Revised Statutes of the United 
States relating to the Yellowstone National Park, presented to 
the Senate by the Vice-President yesterday and laid on the 
table, be referred to the Committee on Appropriations, to ac- 
company the amendment reported by me yesterday from the 
Committee on Territories, intended to be proposed to the sundry 
civil appropriation bill. 

The motion was agreed to. 

ENROLLED BILLS SIGNED. 

A message from the House of Representatives, by Mr. T. O. 
TowLES. its Chief Clerk, announced that the Speaker of the 
House had signed the following enrolled bills; and they were 
thereupon signed by the Vice-President: 

A bill (H. R. 3713) for increase of pension of Frances P. Gard- 
ner; 

A bill (H. R. 2493) granting a pension to Jesse Cleaveland; 

\ bill (H. R. 2427) grantieg a pension to Margaret Byro»; 

A bill (H. R. 8727) tor the relief of S. -J. Brooks; 

A bill (H. R. 4758) for the relief of Charles E. Houston; 

A bill (H. R. 8221) granting a pension to George W. Boyd; 

A bill (H. R. 9592) authorizing the Secretary of the Treasury 
toobtain plans and specifications forpublic buildings to bocrected 
under the supervision of the Treasury Department, and provid- 
ing for local supervision of the construction of the same; 

A bill (H. R. 4375) for the relief of Charles S. Blood: 

A bill (H. R.4215) to correct the military record of Capt. Wil- 
liam C. Knowlton; 

A bill (H. R. 6194) to commission David P. Cordray as second 
lieutenant, to date from .Tune 12, 1892: 

A bill (H. R. 9437) for the removal of the charge of desertion 
ao-ainst William H. Holloway; 

A bill (H. R. 9585) for the relief of Harriett E. Niles; 

A bill (H. R. 8969) to grant a pension to Lydia Ballman, a de- 
pendent sister; 

A bill (H. R. 9011) to grant a pension to Ida A. Taylor; 

A bill (H. R. 8924) granting a pension to the widow of James 
A. Kelly: 

A bill (H. R. 8784) granting a pension to Edward Smitherman; 

A bill (H. R. 8780) to restore to the pension roll Mary Eleanor 
White, as former widow of Capt. George W. Hazzard; 



A bill (H. R. 8298) to pension Emma Johnson, blind and do- 
pendent daughter of Daniel D. Johnson. Company B, One hun- 
dred and forty-second New York Volunteers: 

A bill (H. K. S221) granting a pension to Georgo W. Boyd; 

A bill (H. R. 8054) to increase tho pension of Mary L. Bacon, 
widow of tho late Georgo B. Bacon, latj lieutenant commander 
of tho United States Navy; 

A bill (H. R. 0914) granting a pension to Driiko Noltio Bar- 
nett; 

A bill (H. R. 3845) to increase tho pemion of Edward U. Chap- 
man; 

l^iiitffQ^. 7(>25) for relief of cortain sc^ttlors on pubUo luud 
in tho Tucson land district of Arizona; and 

A bill (H. R. 9757) granting additional quarantine power.< and 
imposing additional duties upon tho Marino Hospital Servico. 



EXECUTIVE SESSION. 

Mr. MORGAN. I move that tho Senate proceed to the con- 
sideration of oxccutivo business. 

Tlio motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After forty minutes spent 
in executive session the doors were reopened. 



HOUR OF MEETING TO-MORROW. 

Mr. WOLCOTT. I move that when the Senate adjourn to- 
day it adjourn to meet at 12 o'clock to-morrow. 

Mr. STEWART. Does tho Senator want to make tliat hour 
of meeting permanent? 

Mr. WOLCOTT. And thereafter to meet at 12 o'clock. 

Tho question is on the motion of 
the Senator from Colorado, that when the Senate adjourn to-day 
it be to meet at 12 o'clock to-morrow. 

Mr. SHERMAN. I call for tho yeas and nays on that motion. 

The yeas and nays were ordered. 

Mr. MANDERSON. I rise to make a parliamentary inquiry. 

The VICE-PRESIDENT. Tho Senator will state his in.|uiry. 

Mr. MANDERSON. If the motion should prevail, would tho 
meeting hour hereafter, and until the further order of the Sen- 
ate, be 12 o'clock, or would it be 12 o'clock for to-morrow only, 
and on tho following day would we resume our session at 11 
o'clock'? 

Tho VICE-PRESIDENT. In tho opinion of the Chair tho or- 
der is only for to-morrow. The roll will bo called. 

The Secretary proceeded to call the roll. 

Mr. BUTLER (when his name was called). I have a general 
pair with tho Senator from Pennsylvania [Mr- Camero.N]. Be- 
lieving that he would voto '■ nay" on this proposition if present, 
and as I should voto "yea," I withhold ray vote. 

Mr. GEORGE (when Mr. Walthall's name wa-!call<'d '. My 
colleague[Mr.WALTUALL] is detained from thi,> Senate by illness. 
He is paired with tho Senator from Rhode Island [Mr. Dixon]. 
I do not know how my colleague would voto on this question. 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey], but I transfer that 
pair to the Senator from Louisiana [Mr. Caffery], and I vote 
"yea." 

The roll call was concluded. 

Mr. GORDON. I wish to announce tliat my colleague [Mr. 
Colquitt] is paired with the Senator from Iowa[Mr. Wilson j. 

The result was announced — yeas 30, nays 30; as follows: 

yeas— 30. 

Bate, 

Berry. 

Blackburn, 

Blodgett, 

Bricc. 

Camden, 

Cockrell, 

Fauljiner, 



Call, 

Carey. 

Ch.andler, 

Coke, 

CuUom, 

Dawes, 

Dolph, 

Dubois, 



Aklrich, 

Allen, 

AlU.sou, 

Butler. 

Catfeiy, 

Cameron, 

Casey, 

The VICE-I'RESIDIONT. Tho Senate being equally divided 
on the motion made by the Senator from Colorado, tho Chair 
votes "yea," and tho motion is agreed to. 



Galllnser, 


McPberson, 


Vanco, 


Gordon, 


Palmer, 


Vest, 


Harris, 


Pasco, 


Vilas, 


Hill, 


PefTcr, 


Voorhccs, 


Jones, Ark. 


Pugli. 


White, 


Jones, Nev. 


Quay, 


Wolcott. 


Kyle, 


Ransom, 




McMillan, 


Teller, 
NAYS-30. 




Felton, 


Manderson, 


Sawyer, 


Frye, 


Mills, 


Sherman, 


George, 


Morjjan, 


Shoup, 


Hansbrough, 


Morrill, 


Squire, 


Hawley, 


Perkins, 


.StockbrldKP, 


Hlgglns, 


Pettlgrew, 


Washburn. 


Hoar, 


Piatt. 




Hunton, 


Power, 




NOT VOTING-2r. 




Colquitt, 
Daniel, 


Hale, 


Stanford, 


IIlscocIc, 


Stewart, 


Da\'ls, 


Iibv. 


Turple, 
WallbnII, 


Dixon, 


Mitchell, 


Gibson, 


Paddock, 


Warren, 


Gorman, 


Proctor, 


Wilson. 


Gray. 


Sanders, 





1358 



CONGRESSIONAL RECORD— SENATE. 



Febeuaet 9, 



CIRCUIT COURT JURISDICTION. 

Mr. HOAR. I am instructed by the Committee on the Judi- 
ciarv'to report a bill to amend the act approved August 13, 1888, 
in ivlatioa to the jurisdiction of the circuit courts of the United 

States »- 

The'bill (S. 3851) to amend the act approved Augustus, 1888, 
in relation to the Jurisdiction of the circuit courts o£ the United 
StatfS, was read the first time by its title. 

Wr. liOAR. I ask leave to have the bill read for irrformation, 
as it is very short, and to have the letter of the Attorney-Gen- 
eral road, and then I shall ask the Senate to put the bill on its 
passage. 
The bill was read the second time, at length, as follows: 
Jic it enadfil. etc.. That sectlou 1 of tlie act approved August 13, 1888, delta- 
ine the jurisdiction of the circuit courts of th» United States, and for other 
■Duruoses (chapter 8tii5, 25 Statutes at Large, page 4331, be, and the same is 
herein- amended by inserting, after the word ••defendant," in thenmthlme 
from the liottom of said section, the following pro\-iso, to wit: 

'■ J'roi'ided That any foreign corporation may be sued in any district 
where it mav be found, process to be served upon said corporation a.<s in Ulte 
cases under the laws of the State, Territory, or district where said suit or 
action is brou-'ht, and in all suits or actions brought since August 13, 1»88, 
pro<-»ss heretofore or hereafter so served on such corporation shall be held 
v.alid to give said circuit court jurisdiction; " so that said section will read 
as follows: „ , ,,, , , , 

" Thatthe circuit courts of the United States shall have original cognizance, 
conciu-rent with the coirrts of tjie several States, of all suits of a civil na- 
ture at common law or in equity, where the matter in dispute exceeds, es.- 
clusive of interest and costs, the sum or value of $3,000, and arising umler 
the Constitution or laws of the United States, or treaties made, or which 
shall be made, under their authority, or in which controversy the United 
States are plaintiffs or petitioners, or in which there shall be a controversy 
between dilferent States, in which Ihe matter in dispute exceeds, exclusive 
of interest and costs, the sum or value aforesaid, or a controversy between 
citizens of the same State claiming lands under grants of different States, 
or a controversy between citizens of a State and foreign states, citizens or 
subiects in which the matter in dispute exceeds, exclusive of interest and 
costs, the sum or value aforesaid, and shall have exclusive cognizance of 
all crimes and offenses cognizable under the authority of the United States 
except as othcrwiseprovidcd by law, and concurrent jurisdiction with the dis- 
trict courts of the crimes and offenses cognizable by them. But no person 
shall be arrested in one district for trial in ;uiother. in any civil action be- 
fore a circuit or district court; and no civil suit shall be brought before 
either of said coui-ts against auy person by any original process or pro- 
ceeding in any other district than that whereof he is an inhabitant, but 
where the jiu-isdlctlon is founded only on the fact that the actionis between 
citi/.ens of different St.ates, suit shall be brought only in the district of the 
residence of either the plaintiti or the defendant: Provided. That any foreign 
coriioralion may be sued in -any district where it may be found, process to 
be siTved upon said corporation as In like cases, under the laws of the St;ite. 
Territory or district where said suit or action is brought, and in all suits or 
actions brought since August 13, 1888. process heretofore or hereafter so 
served onsuch corporation shall be held valid to give said circuit court ju- 
risdiction; nor shall auy circuit or district court have cognizance of auy 
suit except upon foreign bills of exchange, to recover the contents of any 
promissory note or other chose in action in favor of any assignee, of any 
BUbsequent holder if such instrument be payable to be;irer and De not madt- 
by anv corporation, unless such suit might have been prosecuted in such 
coutt'to recover the said contents it no assignment or transfer had been 
made and the circmt courts shall ;aso have appellate jiu-isdictiou from the 
district courts under the ri'gulatious and restrictions preserilied by kiw. " 

Mr. HOAB. I ask to have the letter of the Attorney-General 
read. 

Mr. HARRIS. I beg to suggest to the Senator from Massa- 
chusetts that this seems to me to be a very important bill, and 
somewhat voluminotis. The Senate certainly can not intelli- 
gently consider it unless it be in print. 

Mr" HOAR. I propose to act upon that suggestion. 

Mr. HARRIS. Then let the letter be printed in the Record, 
without reading at present. 

Mr. HOAR. I should like to have the letter read. It is very 
brief. 

Mr. COCKRELL. Let it be read. 

The VICE-PRESIDENT. The letter will be read. 

Mr. HOAR. I will say to the Senator from Tennessee that 
the bill seems to be voluminous because it is in the form of re- 
enacting and amending an existing law, but in reality it only 
adds half a dozen words to the existing law. 

Mr. HARUIS. It seems to me it deals with the question of 
jurisdiction and is therefore important. 

Mr. HOAR. I think it quite reasonable that the bill should 
go over after the letter of the Attorney-General shall have been 
read. 

The Chief Clerk read as follows: 

Department op Justice. Washington, D. C, January m, I'iOS. 

Siif I beg to call your particular attention to what seems to me to be the 
urgent necessity for an amendment of the statute as to the jurisdiction of 
the United States courts against corporations. 

Tor the purpose of explaining my meaning more fully. I ask you to read 
what is said in my report for the ctu-rent year on page 17, of which I send you 
a copy with this letter. 

As the law now stands, in any district, foreign corporations .are a favored 
class. A corporation of Connecticut or Michigan might cut all the Goreru- 
ineut timber in California or Oregon and. unless a special exception ismade 
in favor of the Government, the case of Shaw rs. Quincy Mining Company 
(14.'; United States, 414) would prevent the maintenance of a suit ag:iiu.stsuch 
corporation iu either of the districts where the trespasses were committed. 

A private citizen of Connecticut who goes into Oregon and commits a 
wrong upon one of its citizens can be sued there by the citizen injured; a 
corporation of Connecticut doing the like thing can not. 



The Chicago Stock Yards Company, a corporation, I am informed, of New 
Jersey, owning S50,0tl0,u<Hl of property and doing an immeasurable buslnesa 
iu Illinois, can not be sued iu the Federal courts in that Slate, notwithstand- 
ing that, by reason of its onornious local influence, every reason why tha 
l-'ederal court should have jurisiUctlon is intensified. 

If there is any good reason why corporations should thus be made the 
favorites of the law it is not apparent to me. 

I beg to say further that, ill view of the suits pending by the Government 
against the subsidized railroads, referred to in the report. It would be de- 
sirable that any amendment of the law should cover existing litigation. 

1 hope this m.atter will have attention. 
Kespectfully yours, 

W. H. H. MILLER, Allorney-General. 

Hon. Geouge F. Hoar, 

Chairman, Committee on the Judiciary, Unilei States Senate. 

Mr. HOAR. I ask to have another letter of the Attorney- 
General printed in the Record without being read. 
The letter was ordered to be printed in the Record, as follows: 

Office of the Attohnev-Gbseual, 

Washington., D. C, February 0, 1393. 

Sir ■ Your note of February 4, asking that I draft a bill tor an amendment 
of the statute as to the jurisdiction of the United States courts against cor- 
porations, is received. 

I inclose a draft herewith. The importance of the last part of the amend- 
ment, making it apply to existing suits, is, that under the act of August 7, 
1888 (;i5 Statiites, page 383), requiring the Attorney-General to commence 
suits to compel subsidized railroad and telegr;iph companies to operate their 
own lines suits have beeucomnienced in thecircuitcourtsau'ainst the South- 
ern Pacific Railroad, the Central Pacific Railroad, :ma the Western Union 
Telegraph Company, etc. These several corporatiims are necessary parties 
iu each case They are creations and therefore inhabitants of different .States, 
and unless the Supreme Court shall hold th;it a diHerent rule applies in the 
case of a suit by the Government from that which applies in a suit by a pri- 
vate party (145 United St;i,tes, page 444i. the coturls are without jurisdiction 
and the suits must tail. In th;it event it is Impossible to'carry out the re- 
quirements of the statute requiring such suits to be brought unless the Gov- 
ernment goes as a lltig.ant into the State courts, as heretofore suggested. 
On pages xvi. xvii, and xvlilof my annual report this matter receives atten- 
tion. 

Very respectfully. ,,,^„„ .,, ,, , 

V/. H. H. MILLER, Attorney- Qeneral. 

Hon. Georgb F. Hoar, 

United States Senate. 

Mr. COKE. I desire to ask the Senator from Massachusetts a 
question. Is the point made in the letter of the Attorney-Gen- 
eral the only point covered in this bill':' 

Mr. HOAR. Yes; the only point covered in the bill. If Icau 
have the attention of the Senator from Tennessee [Mr. Harris] 
one moment, I think he is quite right in his suggestion that the 
bill should be printed and go over. I do not want to have any 
hasty action upon it: but the Senator is, wrong in supposing that 
it is a voluminous bill. 

The bill was drawn by the Attorney-General. Instead of simply 
adding three or four words to the jurisdiction section of the law, 
it is in the form of enacting, after adding the three or four words, 
that the section shall read so and so. The bulk of the bill is now 
the existing law. The only thing which the bill seeks to ac- 
complish is that when a foreign corporation performs an act in 
any State it shall be responsible for the consequences of that act 
in that jurisdiction as a private individual would be who was 
found there. It seems to me a matter about which there can 
not possibly be any difference of opinion in the Senate. 

The Supreme Court of the United States seem tohave indi- 
cated an opinion both ways. I am not at all certain that the 
Supreme Court of the United States will not hold the law to be 
in the end as this proposed statute makes it without the statute, 
but it manifestly ought to be settled one way or the other. Let 
the bill go over. 

Mr. HARRIS. I suppose when the bill shall have been printed 
there will be no trouble in the Senator calling it up to-morrow. 
Mr. HOAR. L^t it go over. 

Mr. DOLPH. I desire to call the a,ttention of the Senator to 
what, in listening to the biU, appeared to be its provision, that 
it is retrospective, goes back to ISS'^ and makes a service good 
which was not good under existing laws. If a court has acted 
upon insufficient service and rendered a judgment under exist- 
ing 1-aw that is void, this bill seems to be an attempt to validate 
it and make that a good service. 
Mr. HOAR. Only as to pending actions. 

Mr. DOLPH. I suggest to the Senator whether the provision 
is not too broad in that respect. 

Mr. HOAR. We will settle that hereafter. 
The PRESIDING OFFICER (.Mr. Gallinger in the chair). 
The bill, having been read twice, will be placed on the Calendar. 
COLORADO RIVER IRRIGATION COMPjVXY. 
Mr. DAWES. I am instructed by the Committee on Indian 
Affairs, to whom was referred the bill (S. 37SS) granting right 
of way to the Colorado River Irrigation Company through the 
Yuraa Indian Reservation in California, to report) it without 
ameadment. It will be impossible for me to be in the Chamber 
much of the time during the remainder of the session. The bill 
is exactly like one which passed the Senate in the last Con- 
gress, and I ask the indulgence of the Senate to put it on its pas- 
sage now. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1359 



By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendmeat, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

WILLIAM SMITH AND OTHERS. 

Mr. DAVIS. I move that the vote by which the bill (S. 1678) 
for the relief of William Smith and others was passed bo recon- 
sidorod. 

The motion to reconsider was agreed to. 

Mr. DAVIS. I move that the bill be indefinitely postponed. 

The motion was agreed to. 

MESSAGE FROM THE HOUSE. 

A message from the House of Bepresontatives by Mr. T. O. 
TOWLES, ils Chief Clerk, returned to the Senate, in compliance 
with its request, the bill (H. R.9i)5o) providing for sundry light- 
houses and other aids t^ navigation. 

SAFETY OF lilFE ON RAILROADS. 

Mr. CULLOM. I ask that the regular order be laid before 
the Senate. It is 1 o'clock. 

The Senate, as in Committee of the Whole, resumed the consid- 
eration of the bill (H. R. 93aO) to promote the safety of employL-s 
and travelers upon railroads by compelling common carriers en- 
gaged in interstate commerce to equip their cars with auto- 
matic couplers and continuous brakes, and their locomotives 
with driving-wheel brakes, and for other purposes; the pending 
question being on the amendment proposed by Mr. DOLPH to 
the amendment of Mr. Morgan. 

Mr. MCMILLAN. I offer an amendment to the pending bill. 

Mr. PLATT. It is not in order now. 

Mr. MCMILLAN. Let it be read for information. It is an 
amendment intended to bo proposed to the bill. 

The PRESIDING OB'FICER. The amendment will bo read 
for information. 

The CHIEF Clerk. At the end of section 2, add the follow- 
ing proviso: 

Provided. That cars used in interstate traffic may be equipped with coup- 
lers having general contour lines corresponaing with the lines and con- 
Btructlon of the coupler known as the Master Car BtiilUer's type, with ver- 
tical hook attachment, and interchangeable therewith. 

The PRESIDING OFFICER. The amendment will lie on the 
table for the present. 

Mr. CHANDLER. I should like to be informed where the 
Senator from Michigan proposes to insert the amendment when 
in order. 

The PRESIDING OFFICER. The Chair will state it is pro- 
posed by the Senator from Michigan to add the amendment at 
the end of section 13, in the form of a proviso. 

Mr. CULLOM. The amendment is not now pending for con- 
sideration, however. 

The PRESIDING OFFICER. It is not now pending. The 
pending question is on the amendment proposed by the Senator 
from Oregon [Mr. Dolph] to the amendment of the Senator from 
Alabama [Mr. Morgan]. 

Mr. CULLOM. I am not able to find the amendment oftered 
by the Senator from Oregon. Was the amendment printed? 

Mr. DOLPH. It is printed in the Record. 

The PRESIDING OFFICER. It is printed, the Chair will 
state. , ■ ^„ 

Mr. CULLOM. As a separate amendment? 

The PRESIDING OFFICER. It is. 

Mr. CULLOM. I do not seem to be able to find it. 

Mr DOLPH. Let it be read for information. 

The PRESIDING OFFICER. The Secretary will read the 

amendment. ,, , „r -.»- . 

The Secretary. It is proposed to add to Mr. Morgan's 
amendment the following: 

And no common carrier shall be required to use any such brake or coup- 
ling dertce until the same has been condemned to public use and provision 
made by law for the use ot the same by such carrier. 

Mr. DOLPH. As I said yesterday, this is an amendment to 
the amendment proposed by the Senator from Alabama. Tho 
amendment of the Senator from Alabama proposes to add a pro- 
vision that if a brake or a coupling device is selected under tho 
bill upon which there is a patent it shall be condemned for the 
public use by the United States. I suggested yesterday that tho 
amendment "did not go far enough, because a suit might be pend- 
ing to condemn the device at the time when the law took effect, 
and therefore the railroad companies might be required to pro- 
ceed to purchase the patentable device before it was condemned, 
loffered my amendment with a view of perfecting what I thought 
was an omission in the amendmentof the Senator from Alabama, 
providing that the common carrier should not bo required to 
Bdonti iMd use the patented device until it had been condemned 



to public use and provision made by which tho carrier could ac- 
quire right to use it. 

It seems to me ihat if the amendment of the Senator from Ala- 
bama is to be adopted my amendment would make the prorisioa 
more beneficial and operative. 

Mr. MORGAN. I think the amendment of the Senator from 
Oregon improves the amendment that I offered. 

Mr. DOLPH. Tho .Senator can accept it, 1 think. 

Mr. MORGAN. I am willing to accept it entirely," if I ciui do 
so. 

Mr. CHANDLER. If the amendment of the Senator from 
Alabama is adopted the amendment to tho amendment otTerod 
by the Senator from Oregon may bo advisable. But it does not 
seem to me that the amendment of the Senator from Alabama 
ought to bo adopted. 

Mr. MORGAN. That is a difTeront matter. 

Mr. CHAXDLER. Asanolijcctiontothemeritsot thoamond- 
ment, I would say that I do not .see why the United Statesshould 
pay from its Treasury the cost of patenta that it may be neces- 
sary for the railroads to u.soin order to put proper couplers upon 
their freight cars. I think that whatever safety appliances ought 
to bo placed upon freight cars, tho railroads which jml them 
there, although they put them there under the imperative com- 
mand of Congress, ought to pay the expenses. 

I think there is some exaggeration about the importance to 
the bill of the pending question. Tho Senator from South Car- 
olina stated that there are a very large number of patonts upon 
car-eouplera^ I do not romombar the exact amount which he 
raentiqn«rDut it was a very large amount. 

Mjic^BUTLEU. I said throe thousand patents and upwards 
JkIvc been granted. 

Mr. CHANDLEK. I thought tho number given by the Sena- 
tor was larger. In tho rojiort ot tho committee. No. 104'J of tho 
present Congress, accompanying the bill, there is a statement 
on this subject. I read from tho testimony of A. P. Rodgers, tho 
Massachusetts railroad commissioner. The Senator from Ten- 
nessee [Mr. Harris] asked him about how many automatic 
couplers have been invented. 

Mr. RoDGEHs. The name is legion. 

Then Mr. Ely said: 

There are seven thousand patents. I think there are about ton tbouaand 
of these device.s. 

But I understand that those various i)atented devices are only 
variations of two kinds of coupling. Tho Senator from South 
Carolina stated the fact, as I understand it, that there are practi- 
cally only two typos of coupling; one, the vertical plane clut<;h 
coupler, an up-and-down clut«h, and tho other a link-and-pin 
coupler which works horizontally. Efforts have been made to 
make the link-and-pin coupler automatic as well as to niako the 
vertical plane or vertical clutch coupler automatic, and there 
have been almost no patents of any imjiortance whatever which 
have not been variations of these two devices. 

I do not believe that the vertical clutch coupler has been so 
patented in connection with any device as to make it necessary 
for the railroads of this country when they adopt a standard 
coupler to pav out anything for any royalties on patents. I be- 
lieve that if the injunction is put ujwn tho railroad companies to 
adopt a safety coupler they will devise and adopt one that is not 
patentable, because tho idea of tho clutch is not patentable. 1 
recur again to Mr. Rodgers's testimony. Mr. Rodgers was 
speaking of the conclusion of the Master Carbuilders' Associa- 
tion, stating that the MasterCarbuildors' typo was the best typo, 
and ho was asked tho following question: 

The Chatrman. Is that a patent? ... 

Mr Rodgers. No, sir; tho type Is not. There are a larRe numb<T of pat- 
ents upon the tviie, depend inii uix)u the manner In which the Imucklo H 
■ ■ • ■ in position, but the general methodot closing lanot apalcnl. 



closed and held in positli 

Senator UiGGiNs. Nor patentable? , . »,. 

Mr. Rodc;eks. That I do not know; but I am safe to say, am I not, Mr. 
Ely, that the type is not patented, but whether It be patentable or not, I do 
not known, i suppose not. 

Mr. Ely. Oh, no; It Is not. 

Therefore I maintain that there is no need ot the amendment 
of tho Senator from Alabama. I am confident in tho belief that 
tho vertical plain coupler can bo adopted as the typo; tliat tho 
railroads of the country can mako couplers of that typ(?, and that 
not only will the cars of each railroad couple with each other by 
impact and without the necessity of anyone going between tho 
cars, but the couplers of the various railroads engaged in Inter- 
state commerce will couple with each other without any dilU- 
culty whatever and without the necessity ot the paying of a roy- 
alty by tho railroad companies to any patontces unless tliey 
choose to pay them. That is tho way 1 understand the subject. 

Tho PRESIDING OFFICER. In the ab.senccof objection the 
amendment proposed by the Scnat.n- from Oregon [Mr. DoLl'liJ 
to the amendment proposed by tho Senator from Alabama IMr. 
Morgan] will be considered as agreed to. 



1360 



CONGRESSIONAL HECORD— SENATE. 



Februaijy 9, 



Mr. CULLOM. I do not think we had better agree to any- 
thing until wo get to a vote upon this question. 

Tlie PRESIDING OFFICER. Then the question will be on 
agreeing to the amendment proposed by the Senator from Ore- 
gon to the amendment of the Senator from Alabama. 

Mr. PALMER. I understand the question now before the Sen- 
ate is upon the amendment proposed by the Senator from Ala- 
bama [Mr. Morgan] as amended by the amendment moved by 
the Senator from Oregon. 

The PRESIDING OFFICER. ThoChair will state to the Sen- 
ator from Illinois that the amendment proposed by the Senator 
from Oregon to the amendment of the Senator from Alabama 
has not yet been adopted by the Senate. 

Mr. PALMER. It adopted, I understand the whole scheme 
would amount to this: That the United States Government shall 
purchase for the use of the railways of the country the device for 
any coupler that luay be ultimately adopted by them: that out of 
the Treasury there sliall be paid for the benefit of the railroad' 
corporations of the country whatever the device is to cost, and 
the Senator from Oregon proposes that until the work of con- 
demnation is completed and the United Stales has paid for it the 
railroads shall not be under obligation to adopt the device con- 
templated by the bill. 

I often admire the Senator from Alabama for his great learn- 
ing, but these are marvelous conceptions both in theory and in 
results. One is that the United States Government shall assume 
that the improvement of the railroad interests of the country is 
a matter of public concern; that whatever is done for them is 
done as for public us3. Hence we take property for public use 
upon just compensation, and make the application of this doc- 
trine to a mere personality. 

Then I admire very much the public that is intended to be 
benefited by it. These mere money interests, worthy of all proper 
encouragement, are to be aided out of the Treasury of the United 
States. I commend that view very forcibly to my friends from 
the West — from the granger States. They have demanded that 
the Government shall control the railroads. This scheme pro- 
poses to subsidize them all; to engage in trade in the device and 
make a present of it to the public as that public is x'epresented 
by the railroads. 

'Mr. President, I imagine that age has something to do with my 
conservatism. I am exceedingly anxious to keep within the lines 
of rational progress. Perhaps I find it somewhat difficult to do 
so, but I am nut prepared to go to the extent proposed here. I 
should hesitate about adopting this new policy. If the principle 
is established I do not know, if there are improved cars, why the 
Government should not buy that improvement for the benefit of 
the railroads; and when any improvement is made that would 
benefit them, make them more useful or safer, and by consequence, 
more profitable to those who own them, that the Government 
should step in and gratuitously furnish the needed improvement. 
Thus after awhile it would be impossible to limit the application 
of the idea. 

I have maintained always, and now maintain, that the railways 
of the country are public highways. I grant that. I have sup- 
posed that they are to a limited extent under public control. 
-But I have always opposed the idea of the Government acquir- 
ing any interest in them. I have rejected the idea of Govern- 
ment ownership. I can think of nothing that would bo more 
serious than the United States Government attempting to own 
and manage the railways. However, I believe if I were driven 
to the necessity of choosing between Government ownership 
with the consequent control and Government gratuities, I would 
prefer the logical result of owning that which was aided by pub- 
lic money. 

It must be apparent that such a scheme, if adopted, would pro- 
duce no beneficial results to the public. Every experiment which 
has been made thati know any thingabout in the way of investing 
public moneys in aid of enterprises like this has failed. I know 
that the people of the State of Illinois have been burdened year 
after year, though not lately, because happily by one of our more 
recent revised constitutions the State was prohibited from lend- 
ing its aid to public coi-porations, and municipalities were jiro- 
vented from lending their aid to railroads, except under very 
peculiar circumstances. The experience I have had is that all 
attempts at serving the public by the appropriation of money to 
private corporations or private individuals (I prefer to use that 
terra) have resulted in imposing burdens upon the people with- 
out any corresponding advantage. 

Suppose this principle is adopted and becomes a part ov the 
permanent policy of the country, and this new metiiod of tap- 
ping the public treasury is recognized by the American Cou- 
gress, can anybody anticipate the results it would reach? It 
would bean illustration of whati thinkwas very sagely observed 
by a public man a few years ago, that as the constitutions of the 
States have be ?n improved and new constitutional restrictions 



in the way of protections thrown around private propertv, the 
corporations are coming to the seat of the National Go veriiment 
and taking advantage of the flexible interpretations which are, 
given to the Federal Constitution until new methods have been 
devised to reach the property of the people of the country. I 
protest that it would be fatal policy to open a new avenue tothe 
Federal Treasury, such as is proposed by this amendment. 

I have said these railways ai-e highways. The right of Congress 
to regulate them seems to be settled not so much by the opinion 
of the courts as by the judgment of the National Legislature and 
of all departments of the Government. To control does not im- 
ply to subsidize. I can not infer the power to take the public 
money and appropriate it to the use of the controllers of these 
highways as a consequence of the right claimed to control them. 
There is no connection between the two propositions. 

I think also another suggestion that I hear is most unreason- 
able. It is said by gentlemen that the railway companies would 
find it very expensive to adopt these new devices. An improved 
coupler (using that term in the concrete for the item) is shown 
to be a necessity and is as much the duty of the railway as to use 
the improved rail. It would have been complained no doubt at 
one time that it would be excessively burdensome to requifeth' 
railway companies to us?, the steel rail, and yet the greater 
economy and safety and all the other considerations that sug- 
gested the necessity for the steel rail overcame all objections, 
and the courts have since recognized the principle that these 
corporations must use the best devices, the best methods to in- 
sure public safety. 

The claim, therefore, that it is burdensome and that the bui- 
den ought to hi transferred from the property from which indi- 
vidual profit is derived to the public, in the more general sense, 
has no foundation. I have spoken of it as a matter of policy. It 
has no foundation in justice. When persons engaged in a par- 
ticular einployment are required to adopt a device which is es- 
sential to the safety of those whom they employ, why should 
they demand assistance from the public in the discharge of this 
plain duty, so important to those who are engaged in the service? 

The Senator from Colorado [Mr. Wolcott) yesterday stated 
another view of this case." He spoke of the fact that the mm 
engaged in this service substantially with a knowledge of the 
risks and were paid for the risks. That is certainly a fair rule 
when its application is properly limited. But economy would 
then suggest that as the risks are diminished the expenses would 
be less; that the element of danger would cease to be an element 
in the compensation, and economy would suggest to the railroads 
tho adoption of these improved couplers. 

But there is an aspect of cruelty and of wrong in that view. 
When you tell me that the men who have been trained for years 
in the service of the railway companies, until they have become 
familiar with that business, have acquired habits adapted to it, 
have bought homes where they can live convenient to the dis- 
charge of this duty, may decline such risks and have some dis- 
cretion, I say it is certainly a purely imaginary discretion. 
These m«n have their employment, their business. They are 
trained to it, and as they become fitted for pursuits of this kind 
they become less fitted for other pursuits. 

They have become a distinct class of employes, and to invite 
them to go into some other business as ameansof escapingthc- 
hazards is as cruel as it is impolitic. Their skill and experieni ■■ ■ 
become a part of the property of the country. They are trained 
men, familiar with these duties. Their experience, their edu- 
cation, contribute to the safety of persons and property: and as 
they are thus trained and have become efficient and skillful, it 
is the policy of the Government to continue them in the employ- 
ment they have selected, and it is the duty of the Government 
to render that employment as little hazardous as possible. 

I direct my attention now particularly to the remarks made by 
Senators who insist that legislation like this is in favor of what 
are termed the strong roads as against the weaker ones. My 
observation is that there is no such thing as a weak railroad in 
this country. There may be short lines, and there are some, 
which have been improvidently constructed, and which, standing 
by themselves, have not been profitable to their owners; but the 
extent-of my information is that the weak roads of the country 
are those that have been ijlundered by their managers. The 
road itself has the capacity of earning all that is necessary to 
keep the equipment in perfect order. There is no trouble about 
the earning capacity of a road, as I understand it, but the diffi- 
culty is in most cases that the earnings have taken a direction 
not in harmony with the interests of the public or those who are 
in the service of the corporation. 

I have in my mind now railroad property which is earning, 
which must and will earn money, but which has been enormously 
and wrongfully involved in debt, and by the efforts of those who 
hold the debts and who control the property, at the same time the 
road is milked of its earnings, until its track is in poor condition. 



1893. 



COXGRESSIOXAL RECOED— HOUSE. 



Mr. HOPKINS of Illinois (ti Mr. Williams of Massachu- 
setts). You have no rigJit to instruct the Clerk. Jklr. Speaker, 
a member comes up here in Tront ot the desk, dictatinir how the 
Clerk shall read the roll. I submit to the Chair that the Clerk 
is not to be dictated to as to how he shall road. 

Mr. CABLE. Mr. Speaker, I wish to state that I was out of 
the Hall for a moment when my name was called. I should have i 
voted against sustaining the demand for the previous question. 

Mr. RICHARDSON. I rise to a question of order. 

The SPEAKER. The gentleman will state it. 

Mr. RICHARDSON. There is so much disorder that it is im- 
possible for us to hear what is being- said. I ask that members 
be requested to take their seats. 

TheSPEAKER. The Chair is trying to preserve order. The 
vote will be recapitulated, so there will be no mistake about it, 
and no erroneous record of a vote. The Clerk will recapitulate 
the vote so that members may hear how they are recorded. 

Mr. BURROWS. Would it not be well to have members re- 
sume their seats, under the rule? 

The SPEAKER. The Cliair has appealed to members to pre- 
serve order. The Clerk will recapitulate the vote in such a 
manner that gentlemen can hear how they are recorded. 

The Clerk recapitulated the names of those voting. 

TheSPEAKER. On this question the ayes are 15^ and the 
noes 142. [Applause.] The aj-es have it, and the previous ques- 
tion is ordered. The question now is upon agreeing to the i-c- 
port of the Committee on Rules. 

Mr. COX of Tennessea. Mr. Speaker, I move that the report 
of the committee be recommitted to the Committee on Rules 
without instructions. 

The question was taken: and the Speaker announced that the 
aj'es seemed to have it. 

Mr. DINGLEY. Division. 

The House divided: and there were — ayes 150, noes 83. 

Mr. PENDLETON. I call for the yeas and nays. [Cries of 
"Oh, no'."] 

The question was taken on ordering the yeas and nays. 

The SPEAKER. Forty-five gentlemen have arisen in support 
of the demand for the yeas and nays — not a sufficient number: 
and the yeas and nays are refused. The ayes have it, and the 
report is i-ecommitted to the Committee on Rules. 

Mr. BLAND. I move tj reconsider the vote just taken. 

The SPEAKER. Under the rules the report of the commit- 
tee can not be brought back on a motion to reconsider. 

Mr. BLAND. I move to reconsider the vote just taken, and 
to lav that motion on the table. 

Tlie SPEAKER. The Chair will state that the vote to re- 
commit a bill can not be reconsidered so as to bring the bill back. 

Mr. LONG. Mr. Speaker, I rise to a parliamentary inquiry. 

The SPEAKER. The gentleman will state it. 

Mr. LONG. Would it be in order to offer a resolution to set 
aside a day for eulogies on the death of this bill and the effort to 
defeat free silver? [Laughter.] 

Mr. BOUTELLE. Mr. Speaker, where does this result leave 
the proposition to carry out the pledges of the Democratic plat- 
form? [Laughter on the Republican side.] 

Mr.ENLOE. It will leave it to the members of the ne.xt Con- 
gress elected on that platform. 

ANNUAL REPORT OF THE COMMISSIONER OF LABOR. 

The SPEAKER laid bsfore the House the following message 
from the President of the United States; which, with the accom- 
panying documents, was referred to the Committee on Labor: 

To the Senale and House of Itepresentatites: 

I transmit herewitli the elijhth annual report of the Commissioner o( La- 
bor Tills report relates to lu'AuslruU education in the United States and 
foreign countries. ^^^^ HARRISON. 

ExEctmvE Mansion, 

Washington, D. C, February 3, 1893. 

MOBILE AND DAUPHIN ISLAND RAILROAD. 

The SPEAKER laid before the House the bill (S. 3811) to 
amend an act entitled "An act to grant to the Mobile and Dau- 
phin Island Railroad and Harbor Company the right to trestle 
across the shoal water between Cedar Point and Dauphin Island ,'' 
approved September 26, 1890. 

Mr. CLARKE of Alabama. Mr. Speaker, I ask unanimous 
consent for the present consideration of this Senate bill. 

The SPEAKER. The Clei-k will read the bill, after which 
the Chair will ask if there be objection. 

The bill was read at length. 

The SPEAKER. Is there objection to Ihe reqiicst of the gen- 
tleman from Alabama? 

Mr. KEM. I object. 

The SPEAKER. The gentleman from Nebraska objects, and 



the bill will be referred to the Committee oa Interatate and For- 
eign Commerce. 

CARRIAGE OF PASSKNGERS BY SEA. 

The SPEAKER laid before the House Iho bill (S. 3050) to 
amend an act entitled "An act to regulate the carriage of pas- 
sengers by sea," api)roved August 2. 1HS2: which was ivatl a lii-st 
and second time, and referred to Commiltoe on Inttirstato ami 
Foreign Commyrco. 

COLLISIONS ON THE WATER. 

The SPEAKER laid before the House the hill (S. 290G) to 

amend Rule VII. section -IS:;:!, of Revised Stu' " i.i;.... j^ 

rules for preventing collisions on the water: i a 

first and second time, and referred to the Co:: i-i-- 

stato and Foreign Commerce. 

GEN. GEORGE S. GREENE. 

The SPKAKER laid before the House the bill (S. liuT.'il to i-o- 
move the charge of desertion standing against Gen. George S. 
Gi'oeno. 

Mr. GREENLEAF. Mr. Speaker, I ask that that bill bo al- 
lowed to lie upon the Si)oaker's table for the ; 

The SPEAKER. Is there objection to th- !ho (ren- 

tleman from New York that this bill lie on tl: , r'-^ t ilil.i 

for the present? 

Mr. WATSON. What is thj bill, Mr. Speaker? 

The SPEAKER. The Clerk will again report the title of the 
bill. 

Tlio title of the bill was again reported. 

The SPEAKER. Is there objection? 

Mr. KEM. I object, Mr. Speaker. 

The SPEAKER. The bill will bj referred to the Committee 
on Military Affairs. 

SENATE BILLS REFERRED. 

The SPEAKER laid baforo the House Sonata bills of the fol- 
lowing titles: which were severally read alirst and second time, 
an 1 referred to committees indicated below: 

The bill (S.307,")) for the relief of Maj. Gen. George S. Greene— 
to the Committee on Militii-y AITaii-s. 

The bill iS. 2783) authorizing the President to place upon the 
retired list of the Army Soi-gis. Long and C'onnoU, latt- of the 
Signal Corps, United States, survivors of the Ijidy Franklin Bay 
expedition— to the Committej on Military Affairs. 

The bill (S. 2422) to amend the military record of John H. 
Skinner— to the Committee on Military Affairs. 

The bill (S. 180S)for the recognition of Henry C. Hill as captain 
and aid-de-catnp on the staff of -Maj. Gen. B. F. Cutler, United 
States Volunteers— to the Committee on Military .\iTair9. 

The bill (S. 25S()) to reimburse George C. Tanner, late consul, 
etc., tho sum of $200 paid by him for i-ent of rooms— to the Com- 
mittee on Claims. 

The bill (SOKJOU) for the relief of Catherine E. Whitall- 
Committoe on Claims. 

The bill (S. 2142) for the relief of M. S. Hellman, of Canyon 
City, Oregon^to the Committee on Claims. 

The bill (S. 1730) for the relief of A. P. H. Stewart— to tho 
Committee on Claims. 

The bill (S. 1344) to make payment to Samuel J. Haynes of 
money erroneously and by mistake paid on his homestead en- 
try—to the Committee on Claims. 

The bill (S. 373) for the relief of the heirs of Daniel Donovan— 
to the Committee on Claims. 

CALIFORNIA AVENUE, BELAIR HEIGHTS, DISTRICT OF COLUM- 
BIA. 

The SPE.VKER laid before the House the bill (S. 3f)'<2) to nar- 
row California avenue within Belair Heights, District of Co- 
lumbia. 

Mr. RICHARDSON. Mr. Speaker. I ask unanimous consent 
that that bill lie on the Speaker's table until to-morrow morn- 

The SPEAKER. Is there objection to the request of the gen- 
tleman from Tennessee? 

Mr. WATSON. Mr. Sijeaker, I would like to lioar the title 
reported again. We can not hear anything over here. 

The title of the bill was again reported. 

The SPEAKER. The gentleman from Tennessee asks unan- 
imous consent that the bill lie on the Speaker's table for tho 
present. 

Mr. WATSON. I object. Mr. Speaker. 

The SPE.VKER. Tho bill will bo referred to the Committoe 
on the District of Columbia. ... 

Mr. RICHARDSON. I want to say to the gentleman that this 
does not require any appropriation. , ,., .-„„, 

TheSPEAKER. The gentleman from Nebraska [Mr. KEMJ 
has objected to all unanimous consents. 

The SPEAKER also laid before the House Senate bilU ol the 



1384 



CONGRESSIONAL RECORD— HOUSE. 



February U, 



i 



following- titles; which wore severally read twice and referred 
as follows: 

The bill (S. 3248) relating to acknowledgments of instruments 
affoctint;- real estate within the District of Columbia— to the 
Committee on the District of Columbia. 

Thobill (S. 3239) authorizing the Commissioners of the District 
of Columbia to refuse applications for water connections in cei-- 
tain cases— to the Committee on the District of Columbia. 

The bill (S. 3147) to authorize the Gulf, Colorado and Santa Fc 
Railway Company to purchase certain lands for station pur- 
poses in the Chickasaw Nation— to the Committee on Indian 
A i lairs. 

The bill (S. 3081) to authorize the issue of a duplicate to Addi- 
son A. Hosmer of a certificate of location of certain landthei'ein 
described which has been lost or destroyed — to the Committee 
on Private Land Claims. 

GUNBOATS CONCORD AND BENNINGTON. 

The SPEAKER also laid before the House the act (S. 3395) to 
remit the penalties on gunboat No. 3, the Concord, and gun- 
boat No. 4, the Bennington. 

Mr. ELLIOTT. Mr'. Speaker, I ask unanimous consent that 
that be laid on the table until to-morrow. 

Mr. KEM. I object, Mr. Speaker. ■ 

Tho SPKAKER. The bill will be referred to the Committee 
on Military Affairs. 

SENATE BILLS REFERRED. 

The SPEAKER also laid before the House Senate bills of tho 
following titles; which wore severally read twice and referred 
as below: 

An act (S. 3024) to exempt veterans from competitive exami- 
nations in the classified sorviceof the United States — to the Com- 
mittee on Reform in the Civil Service. 

An act (S.215S) for the eroctionof an equestrian statue of Maj. 
Gen. .lohn Stark in the city of Manchester — to the Committee on 
the Libi-ary. 

REPORT OF SMITHSONIAN INSTITUTION. 

The SPEAKER also laid before the House a Senate concur- 
rent resolution to provide for printing the annual reports of the 
Smithsonian Institution and of the National Museum for the 
year ending June 30, 1892. 

The resolution was read. 

Mr. RICHARDSON. Mr. Speaker, the Committee on Print- 
ing have considered that resolution and reported it favorably. 
I move that it be concurred in. 

Th:' SPEAKER. Tho gentleman from Tennessee, the chair- 
man of the Committee on Printing, asks unanimous consent that 
this Senate resolution be concurred in. 

Mr. RICHARDSON. It does not require unanimous consent, 
Mr. Speaker. 

The SPEAKER. Why not? It is a Senate resolution. 

Mr. RICHARDSON. It does not require an appropriation. 

The SPEAKER. But it is not a House resolution, and under 
the rule it can be considered at this time only by unanimous 
consent. 

Mr. RICHARDSON. The House has already provided for 
printing the identical numbsr provided for in this Senate res- 
olution, and the adoption of this resolution simply prevents a 
waste of time. 

Mr. DINGLEY. What does it provide for the printing of? 

Mr. RICHARDSON. The regular annual report of the Smith- 
sonian Institution. As I have said, we have already in the print- 
ing bill passed a provision to iirint this number. 

The vSPEAKER. The gentleman from Tennessee [Mr. Rich- 
ardson] asks unanimous consent for the present consideration 
of this Senate resolution. Is there objection? 

Mr. KEM. I object. 

Tho SPEAKER. The resolution will bo referred to the Com- 
mittee on Printing. 

leave of absence. 

By unanimous consent, Mr. Williams of North Carolina ob- 
tained leave of absence for ten days, on account of important 
business. 

leave to print documents. 

The SPEAKER. The special committee to investigate the 
Panama Canal Company desire leave to have printed such docu- 
ments as may be necessary in connection with the subject re- 
ferred to them for investigation. Without objection leave will 
be granted. 

There was no objection, and it was so ordered. 

ENROLLED BILLS SIGNED. 

Mr. SCOTT, from the Committea on Enrolled Bills, reported 
that they had examined and found truly enrolled bi.ls of the 
following titles; when the Speaker signed the same: 

A bill (H. R. 2427) granting a pension to Margaret Byron; 



A bill (H. R. 2493) granting a pension to .Tesse Cleaveland; 

A bill (H. R. 3713) for increase of pension of Fi'ancss P. Gard- 
ener; 

A bill (H. R. 3845) to increase the pension of Edward R. Chap- 
man; 

A bill (H. R. 4215) to correct the military record of Capt. Wil- 
liam C. Knowlton; 

A bill (H. R. 4375) for the relief of Charles S. Blood; 

A bill (H. R. 6194) to commission David P. Cordray as second 
lieutenant, to date from Juno 12, 1892; 

A bill (H. R. 7025) for relief of certain settlers on public land 
in the Tucson land district in Arizona; 

A bill (H. R. 8054) to increase the pension of Mary L. Bacon, 
widow of the late G3orge B. Bacon, late lieutenant-commander 
of the United States Navy; 

A bill (H. R.8298) to p'ension Emma Johnson, blind and de- 
pendent daughter of Daniel D. Johnson, Company B, One hun- 
dred and forty-second New York Volunteers; 

A bill (H. R. 8727) for the relief of S. J. Brooks; 

A bill (H. R. 8780) to i-estore to the pension i-oll Mary Eleanor 
White, as former widow of Capt. George W. Hazzard; 

A bill (H. R. 8784) granting a pension to Edward Smitherman; 

A bill (H.R. 8924) granting a pension to the widow of James 
A.Kelly; 

A bill (H. R. 8969) to grant a pension to Lydia BoUman, a do- 
pendent sister; 

A bill (K. R. 9011) to grant a pension to Ida A. Taylor: 

A bill (H. R. 9437) for the removal of the charge of desert-ion 
against William H. Holloway; and 
"a bill (H. R. 9757) granting additional quarantine powei's and 
imposing additional duties upon the Marine Hospital Service. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCooK, its Secretary, 
announced that the Senate had insisted upon its amendments to 
tho bill (H. R. 9527) to restore to the public domain a portion of 
the White Mountain Apache Indian Reservation, in the Terri- 
tory of Arizona, and for other purposes, disagreed to by the 
House of Representatives, had agreed to the conference asked 
by the House on the disagreeing votes of tho two Houses thei-eon, 
and had appointed Mr. Jones of Arkansas, Mr. Platt, and Mr. 
Manderson as the c )nferees on the part of the Senate. 

It also announced that the Senate had passed the following- 
resolution: 

Resolved, That the Secretary be directed to request the House of Repre- 
sentatives to return to tho Senate the bill (H. R. 9U55) provWiug for sundry 
light-houses and other aids to navigation. 

ORDER OF business. 

Mr. DOCKERY. Mr. Speaker, I ask unanimous consent that 
the call of committees be dispensed with, and that gentlemen 
having reports to submit have leave to tile them with tho Clerk. 

Mr. TRACEY. I object. 

The SPEAKER. Objection is made, and the Clerk will call 
the standing and select committees for reports. 

The Clerk proceeded with the call. 

LOAN OF FLAGS FOR INAUGURAL CEREMONIES. 

Mr. LAPHAM, from the Committee on Military Affairs, re- 
ported back with a favorable recommendation the joint resolution 
(S. R. 140j authorizing the Secretaries of War and of the Navy 
to loan to the committee on inaugural ceremonies flags, etc.; 
which was referred to the House Calendar, and, with the accom- 
panying report, ordered to be printed. 

ARMY AND NAVY UNION BADGE. 

Mr. LAPHAM, also from the Committee on Military Affairs, 
reported back with a favorable recommendation a jiint resolu- 
tion (H. Res. 57) authorizing the wearing of the distinctive badge 
adopted by the Regular Army and Navy Union upon all occasions 
of ceremony; which was referred to the House Calendar, and, with 
the accompanying report, ordered to be printed. 

TIMBER-CULTURE LAWS. 

Mr. AMERMAN, from the Committee on Public Lands, i-e- 
portedbaok with a favorable recommendation the Senate bill (S. 
25G4) to amend section 6 of the act appisjved Jilarch 3, 1891. en- 
titled '■ An act to refeal the timbar-culture laws and for other 
purposes;" which was referred to the House Calendar, and, with 
the accompanying report, ordered to be printed. 

WASHINGTON AND GEORGETOWN TERMINAL RAILROAD COM- 
PANY. 

Mr. RUSK, from the Committee on the District of Columbia, 
reported back, with a favorable recommendation, a bill (H. R. 
9229) to incorporate the Washington and Georgetown Terminal 
Railroad Company; which was referred to the House Calendar, 
and, with the accompanying report, ordered to be printed. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1373 



should dissolve, like the mistsof the morning-, and cease to exist, 
■what shall we do about it? 

Mr. CULLOM. The Interstate Commerce Commission would 
then settle the matter under the terms of the bill. If the Amer- 
ican Railway Association do not act within a given time, ninety 
days, the matter is relegated to the Interstate Commerce Com- 
mission. 

Mr. GRAY. Does tha American Railway Association consist 
of oaicei's and representatives of all the railroads in the United 
States'^ 
Mr. CULLOM. Not all, I think. 
Mr. GRAY. How many? 

Uv. BUTLER. I think perhaps I can give a little informa- 
tion. As I understand, there are two associations, the Eastern 
and the Western ass.-ciation. The Eastern association has its 
headquarters at Washington: the Western association at Chi- 
cago. They are composed of gentlemen who are generally at- 
torneys at law, who examine all railroad patents. When a pat- 
ent is sent to a railr.iad company it is referredto one of these 
associations, examined with a view of determining whether or 
not it infringes any other patent, and also, as the Senator from 
Illinois says, whether it is valuable or not; that i;* I'l say, the 
members of these associations are appointed by a certain num- 
ber of the railroad companies: I do not know how many. They 
are purely voluntary associations. 
Mr. GRAY. But there are two such associations? 
Mr. BUTLER. Prajtically they are tho same; but their hab- 
itat is in different parts of the country. 

Mr. CULLOM. The Senator is laboring under a misappre- 
hension. This section only refers to tho height of the drawbar 
of the car, and there is no controversy about tliat. It is only a 
question of whether the companies will put it on or not. 

Mr. GRAY. The Senator from South Carolina says that this 
association is composed of lawyers. 

Mr. BUTLER. That is my imderstanding. 
Mr. GRAY. Then they can not bo railroad men. 
Mr. BUTLER. I know that when there was a vacancy in one 
of the positions here, a gentleman from the Patent OiKc;^— I for- 
get his name now — was appointed to fill the vacancy. He is an 
expert in patents, and I suppose he is a patent lawyer, although 
I do not know that he is a lawyer in tlio full sense of the term. 
Mr. GRAY. A patent lawyer is a pretty good sort of lawyer. 
Mr. WHITE. I understand the situation to be this: The rail- 
roads of the United States, as the Senator says, hav3 two asso- 
ciations. These associations are coraposod of officei-s selected 
by tho railroad companies to represent them in the matter of 
railroad patents. The American Railway Association, resulting 
from the two associations, as the Senator says, has attorneys 
here. Of course the attorneys are not the association; the at-' 
tornoys represent the association. 

If a patent is taken out for a railroad appliance, the officorsot 
that association in order to detarmine, lirst, whether it is an in- 
fringement and whether they can safely consider it, refer it to 
their attorneys, who are skilled patent attorneys, and they ex- 
amine and report not on the fact of utility, but on the fact of in- 
fringement. Then, the practical common sense of this aggrega- 
tion'of railroad men in the United States, learning that the use 
of the patent will not subject them to a suit for infringement if 
they use the thing patented, determine its applicability, its 
util'ity, and it passes into the great volume of railroad traffic, 
depending upon their judgment on that question. 

Mr. GEORGE. The Senator will allow mo to ask one ques- 
tion. Is the business of this association confined exclusively to 
patents? 
Mr. WHITE. That ismy understanding. 
Mr. CULLOM. Allow me to read some testimony beating on 
this point. Mr. Haines, a gentleman who came before us, and 
who is the head of the association, said to the committee: 

Mr Haives. Mr. Chairman and gentlemen of the committee. I appear be- 
fore yon to-day on behalf of what is known as the American Railway Asso- 
ciation an organization of the railwiy corporations of this country, with a 
mileage of 13-3,000 miles out of perhaps one hundred and seventy-odd thousand 
miles that there are in this country. I am personally connected with what 
is known as the Plant railroad system, a system of railroads in South Caro- 
lina Georgia, Florida, and Alabama. I am the vice-president of that sys- 
tem, having been at times superintendent, chief engineer, and general man- 

' ■'Pho association for which I speak has a definite purpose. Its piu-pose is 
the development and the solution of problems connected with railroad man- 
agement, and it would therefore seem eminently proper that in a qtiestion 
oFthe character you have now under consideration, this particidar associa- 
tion of railroad corporations should be heard with reference to what is con- 
fessedly a most important problem connected with railroad management. 

This association will perhaps be more familiar to you under its former 
title of general time convention, trader which title it succeeded m establish- 
ing in this country what is known as standard time. It has also established 
a uniform set of liand and lamp signals tor the use of train men, and also a 
uniform code of train rules, and we shall hope before we get through with 
this question that probably we shall have contributed something to the so- 
lution of this problem also. 

I am here with some of my colleagues at the request of our executive com- 



mittee, which is composed of Mr. Koyce, general superintendent of the Chi- 
cago, Kock Island and Paciflc Railway; the general manager of the New 
York, New Haven and Hartford; the vlre-i>resident of the New Yorl;, Lako 
Erie and Western; the general superintendent of the West Shore, .and the 
general m;mager of the Chesapeake and Ohio. I only mention this to show 
what a representative b(Xly we are. 

The CuAiKMAS. Axe tho switchmen represented? 

Mr. Haine.s No. sir; we represent the railroad companies. 

The Chairman. We are ;iuxlous to hear somebody who represents the 
men who are engageil In this work. 

Mr. Haines. Our executive committee Is composed of ropresoutallves oi 
tho following roads; Chicago. Kock Lsland and Paciflc; New York. New 
Haven and Hartford; Louisville and Nashville; St. Louis, Arkansas and 
Texas; New Y'ork. Lake Krlo and Western; Lehigh Valley; We.-sl Shore, 
Chesapeake and Ohio, and myself, reprcscutlug the Plant system. 

Mr. GRAY. Is tho Baltimore and Ohio Railroad Company 
represented there? 

Mr. CULLOM. I do not iliink tho Baltimore and Ohio Com- 
pany is named. 

Mr. GRAY. Is tho Pennsylvania Railroad Company repre- 
sented? 

Mr. CULLOM. I do not think that is named: but the associa- 
tion practically represents all tho railroads as a matter of fact. 

Mr. CALL. Mr. President, I will .say to tho Senator from Illi- 
nois that the g.ntlcman whos.^ name is mentioned there, Mr. 
Haines, is one of the most aci'Omplishcd railway men in tho 
United States, or in any other country, a man of tho most exton- 
sivo experience and knowledge, and of tho highest character. 
This whole question with very great advantage might be left to 
him alone. 

Mr. CULLOM. I think we had bettor lot the section stand as 
it is. 

Mr. HUNTON. It s-:!eras to mo from tho provisions of the bill 
that the American Railway Association ligures very largely in It 
and becomes a very important factor in the execution of tho scliomo 
proiiosed by the distinguished Senator from Illinois. As I un- 
derstand, it is a;lmittod on all liands that tho .\morican Railway 
Association is a voluntury association and, of course, it may bo 
dissolved on any given day. I ask the Senator from Illinois In 
case the American Railway Association should 1x3 dissolved in 
the next thirty or sixty days or six months, if it would not inter- 
fere seriously with the scheme provided for in tho bill reported 
from the Committe ; on Interstate Commerce? 

Mr. CULLOM. In that cas2 the question would simply be de- 
volved upon the Interstate Commerce Commission. The bill 
provides that the American Railway Association shall act within 
ninety days, but it they fail to do so tho Interstate Commerce 
Commission shall act. 

Tho PRESIDING OFFICER i:^Ir. Chandler in the chair). 
The question is on the amendment proposed by the Senat ir from 
Mississippi [Mr. George] to the amendment of the committee. 

Mr. GEORGE. Mr. President, I wish to say a word or two 
about the amendment. The first thing I wish to say— and I want 
to impress it upon the Senate— is that there is no precedent 
for this kind of legislation in any free countiy in tho world. It 
my amendment is not adopted, I want tho Senate to under.-tand 
what they are doing. We here propose to make a private asso- 
ciation, having no connection with tho Government, bound by no 
oath to discharge their duty faithfully, subject to no punishment 
by the Government in case they act falsely and fraudulently, tho 
absolute judge of what? Of what their rivals in business shall 
do. Vv'e allow them to compel their rivals in business to adopt 
a device which, as is shown by the arguments here, may cost in 
the aggregate from fifty to oni hundred million dollars. 

That kind of legislation is unprecQtlent<;d: there is no warrant 
anywhere, for any legislative body to say to any man orcM-pora- 
tidn that that man or that corporation shall transact busin.ss ac- 
corJing to a rule proscribed by any private individual. 

In order to show the true character of this provision, I have 
but to adopt the suggestion made by tho Senator from Colorado 
[Mr. WOLCOTT] the other day, and ask have we a right to pre- 
sc:-ibe that the railroad comi)auios of this country shall conduci 
anv part of their business as .lohn Smith may direct? 
Mr. CULLOM. But .John Smith belongs to the railroads in 

this case. , .. r \.^ 

Mr. GEORGE. It doei not make any difference whether .loM 
Smith is a member of a railroad company or not. y^ 

Mr. MCMILLAN. Will tho Senator from Mississippi ^><!id to 
me a moment? 

Mr. GEORGE. Yes, sir. 

Mr. MCMILLAN. I ask tho Senator if he is not aware that at 
thep-.-esent time the railroadsof thiscountry are managed Justin 
that way? They have what is called the Master Car Builders 
Association. All tho main lines practically belong to it. The 
Master Car Builders' Association meets once a month and agrees 
upon certain changes to bo made on tho cars. They agroo upon 
certain parts of the cars so as to make them interchange-ible, for 
instance, brasses, axles, etc. That has been done for a great 
manv years. One railroad company prescribes what another 




1374 



OONGEESSIONAL EECORD— SENATE. 



Eebruaky 9, 



shall do before it will haul the cars of the other company. This 
legislation is really in the same line so far as the coupler is con- 
cern d. 

Mr. GEORGE. Does not the Senator perceive a vast differ- 
enc-' between an agency voluntarily selected by the railroad 
comiianies, they by agreement binding themselves to adopt what 
that common agent shall do, and a law of Congress which com- 
pels the railroad companies who do not agree to that arrange- 
ment, who do not enter into that association, to conduct their 
business according^ to rules prescribed by the association? I 
thi::k that the distinction is a very broad one. Here the Sena- 
tor seems to be mistaken also as to the facts, but that is not very 
material. It is well, however, to correct him. 

Only 120,000 miles of railroad, according to the information 
furnished us by the Senator from Illinois, the chairman of the 
Committee on Interstate Commerce, outof 170,000 miles are rep- 
resented in this association. So, if we pass this bill as it now 
stands we provide that a voluntary association of railroad com- 
panies, representing 120,000 miles of road, shall dictate not only 
to the members of that association representing 120,000 miles of 
railroad, but to all others a rule by which they must transact 
their .business. 

Mr. President, I do not think it is necessary to argue a propo- 
sition of that sort. I should like anyone, however, who thinks 
'we can do that to name the principle of law or of constitutional 
liberty under which we have the power to do it. 

The PRESIDING OFFICER. The question is on the adop- 
tion of the amendment proposed by the Senator from Mississippi 
to the amendment of the committee. 

Mr. CULLOM. I hope the Senate will stand by the original 
amendment as i-eported bv the committee. 

The PRESIDING OFFICER. The Secretary will report the 
ami-ndment to the amendment projiosed by the Senator from 
Mississippi. 

The Secketaky. In section 5, line 2, after the word ''act," it 
is proposed to strike out " the American Railway Association is 
authorized hereby to designate to; " in line 3, after the word 
"Commis.sion," to insert " shall designate; " in line 8, after the 
word ''cars," to strike out '"upon their determination being cer- 
tified to the Interstate Commerce Commission " and insert 
"and;" inline 14, after the word ''standard," to strikeout "but 
should said Commission fail to determine a standard as above 
provided, it shall be the duty of the Interstate Commerce Com- 
mission to do so;" so as to read: 

Sec. 5. Tliat within ninety days from tlie passage of this act the Inter- 
state Commerce Commission shall designate the standard height of draw- 
bar.'s for freight cars, measured perpendicular from the level of the tops of 
the rails to the centers of the drawbars, and shall fix a maximum variation 
£rom such standard height to be allowed between the drawbars of empty and 
loadfd cars; and said Commission shall at once give notice of the standard 
fixed upon to all common carriers, owners, or lessees engaged in interstate 
commerce in the United States by such means as the Commission may deem 
proper, and thereafter all cars built or sent to the shops for general repairs 
shall be of that standard. 

Mr. WOLCOTT. I call for the yeas and nays. 

Tlie yeas and nays were ordered. 

Mr. GRAY. Mr. President, I wish to say that I have been 
impressedby the statement made by the Senator from Mississippi 
[Mr. George], that this delegation of a judicial power in the bill 
to a private association is at war with the traditions of our leg- 
islation, and seems to controvert the very fundamental princi- 
ples of American jurisprudence. 

The Interstate Commerce Commission is a judicial body, di- 
rected by the legislative power of the United States under the 
commerce clause of the Constitution to exercise its judgment, 
and, under the responsibility of the acceptance of that position, 
to determine questions which may arise, which have been com- 
mitted to it by Congress la\vfully under the the commerce clause. 
To commit, however, the determination of a matter which is 
im]5ortant to these railroad interests to the judgment of a pri- 
vate association or to the judgment, which is the same thing, of 
a private individual, whoever he may be> seems to be entirely a 
difl'crent thing, and one which does not stand upon the same 
principle or the same footing. 

The American Railway Association may be composed, as the 
Senator from Illinois says it is composed, of expert railroad men, 
but that does not affect the principle. The Senator from South 
Carolina [Mr. Butler] says it is composed of lawyers; but how- 
ever it may be composed, it is precisely the same as if the con- 
duct of these railroad companies and the management of their 
property were committed to a private individual, Jolin Smith or 
John Jones, to determine, without the responsibility of judicial 
interposition or responsibility under the law, to exercise it by 
will or caprice or not at all. How can we compel this railway 
association to exercise the function which we seek to impose 
upon if? How can we by mandamus compel it to exercise this 
judicial function'?. 



Mr. CULLOM. This bill does not provide that the associa 
tion shall do it unless they wish to. If they do not want to act. 
then the Interstate Commerce Commission will act. 

Mr. GRAY. But then we are submitting, in the first place, 
the conduct of the business of these corpoi'ations to an irrespon- 
sible and private determination by individuals who are not ex- 
ercising any legal function, who are not proceeding to perform 
any Judicial function, who are not responsible to Congress, and 
who can not be punishedfor malfeasance, or misfeasance, or non- 
feasance of any duty which is here sought to be prescrilsed. 

Therefore, the objection, as it occurs to me, made by the Sen- 
ator from Mississippi is well taken. Without impugning at all 
the respectability of these gentlemen, which is vouched for by 
the Senator from Illinois, it seems tome a dangei-ous precedent, 
for, if we can do this, we can in other things within the wide 
domain which the commerce clause of the Constitution opens uj) 
for legislation of Congress, prescribe that the business of this 
country shall be conducted according to the determination of 
some ]3rivate individual, who has or has not, as the case may be, 
a private interest in the way in which it shall be performed. 
_ Mr. WOLCOTT. Mr. President, referring generally to sec- 
tion 5, for the moment, the very serious question raised by the 
Senator from Mississippi [Mr. George] and coincided with by 
the Senator from Delaware [Mr. Gr.\y], I desire to call the at- 
tention of the Senate to one or two facts. 

There was absolutely no testimony before the Committee on 
Interstate Commerce and there is no sort of evidence before 
this body as to what proportion of the freight cars of the United 
States is properly equipped, and how long a time it will neces- 
sarily take to equip them with drawbars of theproi^er height. 

Nobody knows how extensive these preparations may be, and 
the time is limited to July of this year. If this bill becomes a 
law in the next two weeks, between then and ninety days from 
that time anywhere from three hundred thousand to a million 
cars must be changed so as to comply with certain provisions of 
the law as to the height of drawbars, etc. I apprehend that no 
sane body of men would desire, without any sort of testimony, 
without any sort of knowledge as to what this legislation means, 
to dump this requirement on the railroads of the United State,-. 
Whenever we ask a question as to some pertinent fact, tht' 
chairman of the Interstate Commerce Committee hauls out 
from under his desk a petition from 10,000 brakemen, constitut- 
ing a small percentage of the brakemen of the country 

Mr. CULLOM. If the Senator will allow me, he has stated — 
I will not say what is not true, but he has certainly misstated 
the fact. The chairman of the committee has never but once 
hauled out any such petition and presented it to the Senate. If 
the Senator from Colorado objects to the presentation of the 
•petition of these 10,000 men he has a right to do so, and he has 
a right to disregard it, but the chairman of the committee does 
not propose that the Senator from Colorado shall misstate th .■ 
facts as to his action. 

Mr. WOLCOTT. Mr. President, possibly I was so much im- 
pressed by the dramatic force with which the petition was hauled 
out by the chairman of the Interstate Commerce Committee 
that 1 considered it rather a continuous operation as affecting 
the deliberations of the last two or three days. 

I do not object to the chairman of the Committee on Inter- 
state Commerce presenting the petition as often as he may like, 
or in gathering for himself or his section all the political capi- 
tal he thinks he can make outof the handling of that petition, 
which represents a very small percentage of the railroad em- 
ployes, and which, upon investigation, I have no doubt would 
disclose the fact that less than 25 per cent of the people who 
signed the petition are brakemen engaged in the railroad busi- 
ness. 

I have not charged the chairman of the Interstate Commerce 
Committee with any wrongdoing, but I do say the factsand pro- 
ceedings of the last three days bear me out in the statement that 
as to the first section of the bill, which is a requirement that 
will cost in the neighborhood of- from fifty to seventy-five mil- 
lion dollars, we have not one word of testimony, and nobody has 
been able to tell us how many cars have to be equipped and how 
much it will cost. No single item has been given to the Senate 
ui'Ou which it may intelligently act. We are proceeding en- 
tirely in the dark. 

Upon another section we are asked between now and ninety 
days from now to require the railroads to do this great thing, 
and when we ask for the testimony, we are said to prefer capital 
to blood, and we are reminded of the fact that 10,000 brakemen 
out of 150,000 have petitioned for immediate action. That is 
no answer when people who are legislating on behalf of vast 
and important interests here come and ask for some intelligent 
knowledge as to the questions upon which they are called to 
vote. I say that nobody in the Senate knows what we are 
called upon to vote for. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1375 



I tlo not object to the chairman of the Interstate Commerce Com- 
mitt; e producing bis petitions. I do not care what the chairman 
of the Interstate Commerce Committee or anyone else may say as 
to the position those of us take who are opposed to the hasty con- 
sideration of this bill, which I am glad to say wo are gradually 
Improving. It is no assault on the fax-mer; it is no assault on 
the laborer. 

A suggestion was made here yesterday in my absence by the 
Senator from Kansas [Mr. PepfekI that some words of mine 
evinced a hostility to the farmer. I made no reference what- 
ever to the farmer. In a colloquy, when I was asked a ques- 
tion by the Sv^nator from Illinois, and he made a statement of 
the dividends which the i-ailroad companies paid, I stated that 
that might do for the granger audiences he was in the habit of 
addressing, because he would have led the Senate to believe, 
imintentionally of course if he had not been corrected, that thoso 
dividends were divided equally among all the railroads of the 
country instead of being divided among a verv few of them. 

Mr-. CULLOM. Will the Senator allow moV 

Mr. WOLCOTT. Allow you what? Does the Senator desire 
to ask me a question? If not, I prefer that the Senator should 
wait until I get through. 

^Ir. CULLOM. I simply desire to state 

Mr. WOLCOTT. I do not care what the Senator desires to 
state. 

Mr, CULLOM. That it is not afact according to the RECORD. 
I made no suggestion as to whether it belonged to the railroads 
of the whole country or part of them. 

Mr. WOLCOTT. I am perfectly willing to be inten-upted to 
have a question asked; but the Senator from Illinois has charge 
of this bill, ho has the floor most of the time, and I think he can 
well afford to allow those of us who speak but briefly to finish 
our remarks without interruption, unless ho desires to ask a 
question which is in order. 

There was no suggestion in tho remarks I made that would 
touch the farmer; and I desire to say to the Senator from Ivansas 
that in what I said no reference whatever was made to the la- 
boring men of the country. I stated that the switchmen of the 
United States did not desire this legislation. I did make the 
remark that it was an easy matter for people who iiad notliing 
to legislate respecting the property of other people who had 
somethiog. 

That was the remark which the Senator from Kansas referred 
to. I did not refer by that remark to the laboring men of the 
United States. No man who labors honestly with his hands in 
the confines of this country is without money. There is no honest 
laborer to-day throughout the length and breadth of thislaiid 
who has not money. The people to whom I did refer wove, the 
froth, the scum of the labor movement, men who are sometimes 
walking delegates, men who arc socialistic and anarchistic agi- 
tators, and men who on the strength of tho labor movement 
sometimes temporarily find public office. 

The PRESIDING OFFICER. Tho question is on agreeing to 
the amendment to the amendment, on which the yeas and nays 
have been ordei'ed. 

The Secretary proceeded to call the roll. 

Mr. BUTLER (when his name was called). I am paired with 
the Senator from Pennsylvania [Mr. Cameron]. If he were 
present, I should vote " yea." 

Mr. POWHR (when his name was called). I am paired with 
my colleague [Mr. Sanders] on this question. 

Mr. QUAY (when his name was called). lam paired with the 
Senator from West Virginia [Mr. Faulkner]. 

Mr. McMillan (whenMr. STOCiCBKlDGE'sname wascalled). 
My colleague [Mr. Stockbridse] is paired with the Senator 
from Maryland [Mr. Gibson] on this question. 

Mr. TELLER (when his name was called). I am paired with 
the Senator from Oregon [Mr. Mitchell]. I do not know how 
he would vote on this question, and I withhold my vote. 

The roll call was concluded. 

Mr. HARRIS. I am paired with tho Senator from Vermont 
[Mr. Morrill]. I do not know how he would vote on this ques- 
tion if present, and I therefore withhold my own. 

Mr. CAMDEN (after having voted in tho atlirmative). I am 
paired with the Senator from South Dakota [Mr. PettigkewJ. 
I discover that he has not voted, and I withdraw my vote. 

Mr. FRYE (after having voted in tho negative). I withdraw 
my vote as I am paired with the senior Senator from Mai-yland 
[Mr. Gorman]. 

The result was announced — yeas 17, nays 2"; as follows: 



Bate, 

Berry, 
Brice, 

Caflery, 
Call, 



George. 
Gray, 
Hill. 

Jones, Ark. 
McPherson, 



YEAS— 17. 

Mills. 

Mor;?au. 

Pugii, 

Turpie, 

Vance, 



Vest, 
Wblto. 









NAYS— 27. 




Care)-, 


- 


GalUnger, 


Kyle. 


SheritKin 


Chandler, 


X 

o 
-a 


Hansbrough. 


McMillan, 


Sh..r. 


Cockle 11, 


Hawley, 


Poller. 


S.1'. - 


Cullom, 


HiKfflas, 


Perkins, 


Si- 


Polph. 


c 


Hoar, 


Plait. 


Vllus. 


DulTOlS, 




Huutoa. 


Proctor, 


Wash bum. 


Fclton, 


03 


Irby, 


Sawyer, 






KOT VOTING— 13. 




Aldrlch, 




Daniel, 


HlacocU, 


Ransom. 


AUeu, 


o 


Davis, 


Jones. Nov, 


Saud«»r!*, 


Allison, 


<D 


Da^y^•.^, 


Mantkraon, 


Stanford, 


Hlackbum. 




DIxot:, 


Mltihell, 


Stockbriaue. 
Teller. 


Bloilgelt, 


lo" 


Paulkuor. 


Morrill, 


Butler, 


3 


Frye, 


Padd(Xk, 


Voorhees. 


Caindon, 


CO 


Gibson. 


Palmer. 


Walthall, 


Cameron, 


t_ 


(.lordou. 


Pasco. 


Warr.'U. 


Casey, 


O 


Gorman, 


Pattlt'row, 


Wll ... 


Co Ice, 


t . 


Halo. 


Power, 


Woi. ..I' 


Coliiultt, 




Harrla. 


Quay, 





So the amendment to the amendment was rejected. 

Mr. BUTLER. I move in section .'j, line IT, to strikeout" !•'■,'■;" 
and insert "189,j." I understand tho chairman of the commliie^ 
agrees to that aiuondment. 

Mr. CULLOM. I have no objection to tho amendment. 

The PRESIDING OFFICER. Thoamondinont to tho amend- 
ment will be stated. 

The Secretary. In section 5, lino 17, after " July 1," It U 
proposed to strike out " 1893" and insert •' 1895," so as to road: 

And after July I. 1895, no cars, either loaded or uuloade<l, shall be used in 
inter.-iiate traffic which do not comply with tho standard above provldctl for. 

The amendment to the amendment was agreed to. 

Mr. MORGAN. I wish to ask the chairman of t! '■• 

what disposition is e.xpected to b^j made of tho il 

are to be imposed? Do they go into tho Treasury •-. ... . .. 

States? 

Mr. CULLOM. I suppose so. I do not know where elao they 
would go. 

Mr. MORGAN. Why not give them to the widows of tho men 
who are killed by the i-ailroads? 

Mr. CULLOM. That might be a good thing to do, but tho 
money would naturally go into the Treasury. 

Mr. MORGAN. The Government of tho"United Slatcsou^hl 
not to make a speculation out of these murders which it is trying 
to prevent. 

Mr. CULLOM. Wo are not trying to speculate. Wo are try- 
ing to enact a law which can be enforced. 

Mr. MORGAN. But thoSlOO a head provided for in tho bill 
for tho m -n killed by the railroads, if they are as numorouri as 
they have been represented to be, would create a fun), and it 
ought to be a pension fund arranged to bo distributod b. Mi ■ In- 
terstate Commerce Commission. It all shows the hu 
of this bill, if you will allow the expression. We a-<^ 
$100 hero out of tho railroad companies for every 
bo killed by tho violation of tho |irovisionsof (he 
roads, and the money goes into tho Treasury of th' ■ 
We are speculating upon the murders that may 1 

Mr. GRAY. As I understand, wo arc not coll 
every man killed, but we aro collecting HO't from ili 
companies for every instance in which they draw a - 
their roads which is not equipped in conformity to this iici.. 

Mr. MORGAN. That might run it up to a very vast sum of 
money. I beg pardon for my negligence in look': 
ticular stat-3 of the case, but it only shows thi- 
still more conspicuously. Every violation of thi- 
ef every car will cost a railroad company ?100. 
goes into the Treasury of tho United Stat<.'s. A 
tion than that, I think, I never saw couched in a bili. 

There ought to bo some provision in this bill for takini; that 
vast sum of money and providing for tho families of tho men who 
have been slain in this wav, if there is any sincerity about tho 
bill at all, 

Mr. CULLOM. Tho Senator can got up a bill to-night for that 
purpose, if ho desires to,introduee one. 

Mr. MORG.-VN. I prefer lo got this bill downuntil tho chair- 
man of the committee gets one that the Senate con vote for. 

Mr. CULLOM. The chairman of the committee is Inclined to 
think we have such a bill now. 

Mr. GRAY. Mr. President, if I am in order. I '■ ' ■ '•'-' '- 
move an amendment in section :;. lino ."i, of tl. 

amendment, that the words •'uniform in tyjie a: 

stricken out. 

This seems to prescrilw to the railroad companies rnragod In 
interstate trafhc, and which are to bo regulated by i uni- 

formity in type and action of the.se autnmatic ■ hen 

such uniformity is absolutely unne. 
which I understand to 1x5 the only 

tion, and that is the protection of i... • ... .... ■ 

and those in the employ of the companies. 



1376 



CONGEESSIONAL RECORD— SENATE. 



Februaey 9, 



Leaving out those words, the section would read: 
Sec 2 That on and after the 1st day ot January, 1898, It shall he unlawful 
for aiiy such common carrier to haul or permit to be hauled or used on its 
line aiiv car used in moving interstate trafflc not equipped with couplers, 
coupling automatically by Impact, and which can be uncoupled without the 
necessity of men going between the ends ot cars. 

I think we shall have accomplished by the amendment all that 
we may legitimately seek to accomplish, and shall not impose 
upon the railroad companies a condition which may have no 
referencs at all to the end we have in view, hut may very ma- 
terially impair their ability to carry on the traflic which may b;j 
brought to their road. 

For instance, suppose a railroad company receives every day, 
as all our great trunk lines are receiving, a lot of cars from an- 
other road, and though they may have the automatic couplers 
coupled by impact, which will not make necessary the interpo- 
sition of the body of tho brakeman to couple, they should not be 
uniform, what do we care whether they are uniform or not, if 
we accomplish the end that, in the language ot this bill under 
my amendment, pro::Cribos that they shall be automatic couplers, 
coupling by impact, and which sha'U not make necessary the in- 
terposition ot the body of the brakeman? 

Suppose a road, from caprice, from one of thoss antagonisms 
which come from the lierce competition for traflic, should refuse 
cars which come from another road, even though they may have 
an automatic coupler, one that will couplo by impact, one that 
will not make necessai-y the interposition of the body of the 
brakeman, and say, " This train is not uniform in the character of 
the coupler, in type or action, and therefore we refuse to receive 

I think that every extraneous andunnecassary condition should 
be eliminated from this bill, and that only those provisions shovdd 
remain which are necessary to accomplish thegreataud humane 
end which this bill unquestionably has in view, that is, the pro- 
tection of the life and limb of the brakemen on the railroads. 

The PRESIDING OFFICER. The amendment of the Senator 
from Delaware to the amendment of the committee will he stated. 

The Secretary. In section 2, line 5, after the word " coup- 
lers," it is proposed to strike out " uniform in type and action: '' 
so as to read: 

That on and after the 1st day of January, 1898, it shall be unlawful for any 
such common carrier to haul or permit to be hauled or used on its line any 
car used in moving interstate traffic not equipped wllh couplers coupling au- 
tomatically by impact, and which can bo uncoupled without the nceessuy of 
men going" between the ends of the cars. 

The PRESIDING OFFICER. The question is on the amend- 
ment to the amendment. 

The amendment to the amendment was agreed to. 

Mr. WOLCOTT. Mr. President, I do not know that it is po.s- 
sible'to improve this bill in the minds of the majority of the 
committee, but I make this suggestion to the Senate, Wo have 
no sort of authority on earth to say what a railroad shall do with 
cars which are exclusively destined for State business. I think, 
perhaps, that will be conceded by the chairman of the commit- 
tee. We can notpi-ovide as to cars to hi used upon a railroad 
exclusively witliin a Stat?, for, unfortunately for that railroad 
company, the Interstate Commerce Committee can not r,?gulate 
it or the Interstate Commerce Commission can not manage so 
much ot the company's property. 

Now, we have a provision here in seetion .5, which reads as 
follows: 

Upon their determli'.aiion being certiiied to the Interstate Commtrce Com- 
mission said Commission shall at once give notiiio of the standard Hxed 
upon to all common carriers, owners, or lessees engaged in interstate com- 
inerce in the United Sl.ates by such means as the Commission may deem 
proper, etc. 

This applies to all railroads engaged in interstate commerce, 
and almost all the railroads of the country more or less are en- 
gaged in interstate commerce. 

And thereafter all cars built or S3nt to the shops for general repairs shall 
be of that standard. 

I shotild like to know upon what assumption, if the chairman 
of the committee will explain, he propose to legislate that every 
car that a railroad comjjany sends to its shops for general re- 
pairs shall have a certain height of drawbar. I should like to 
known upon what theory of law we can compel a company that 
opei'ates its cars exclusively within a State to do that, because 
that company may have some of its cars engaged in interstate 
commerce, and that we can say as to all other cars whenever 
they are sent to the shops they shall b,e built of a certain stand- 
ard. 

Mr BRICE. If the Senator will allow me amoment, I under- 
stand that many of the roads have different gauges and some of 
them have the narrow standard. 

Mr, WOLCOTT, Yes. 

Mr. BRICE. Does the Senator understand from the language 
of the bill what the height of the drawbar is to be above the rail? 



Mi-. WOLCOTT. I am entirely ignorant as to that. I think 
it is known probably to the chairman of the committee. 

Mr. BRICE. Does it provide for the same height for the nar- 
row as for the broad gauge? 

Mr. WOLCOTT. As a matter of fact, of cotirse not; but as a 
matter of theory, as this bill is constructed, of course yes. This 
bill is being constructed on a theory. 

One further suggestion in connection with the same clause, 
which possibly the chairman of the committee having this sub- 
ject in charge will explain. We make the time 189.5 v.-hen thi- 
uniform drawbar shall come into use. We say that at any timu 
prior to that, if a railroad company sends its cars to its shops foi- 
general repairs it shall put in that drawbar. Is the Interstat': 
Commerce Commission to determine what constitutes the gen- 
eral repairs of a car? You may knock it all to pieces, it may 
have its sides staved in, it may have the springs and brakes out ' 
of fashion: but who is to decide that that makes general repairs, 
and that the railroad company shall do what is here prescribed? 

If you put a provision in yo'ur law that by 1895 they shall all 
be equipped, why should not a railroad company between now 
and 189 J have the right to send its cars to its shops for general 
repairs and not equip them? Before I venture to submit any 
amendment on this subject to the approval of the chairman of 
the committee, I should like to have these matters explained. 

Mr. TURPIE. Mr. President 

Mr. GRAY. At the top of page 9 

The PRESIDING OFFICER. The Chair recognized the Sen- 
ator from Indiana [Mr. Turpie]. 

Mr. GRAY. I beg the Chair's pardon. 

Mr. TURPIE. I move that the Senate do now adjourn. 

Mr. CULLOM. I am inclined to think that we can get 
through with the bill in a little time if we remain in session. It 
is now only a few minutes after .5 o'clock, and I should be glad 
if the Senate would remain and complete the bill. 

The PRESIDING OFFICER. The question is on the motion 
of the Senator from Indiana. 

The motion was agreed to; and (at 5 o'clock and ,5 minutes p. 
m.) the Senate adjourned until to-morrow, Friday, February 10, 
1893, at 12 o'clock m. 



CONFIRMATIONS. 
Executive nominations confirmed by the Senate February G, 1893. 

JUDGES OF PROBATE FOR UTAH. 
Lilleston B. Bartlett, of Utah Territory, to be judge of probate 
in the countv of Grand, in the Territory of Utah. 

.laeob B. Blair, of Utah Territory, to ba judge of probate in 
the county of Salt Lake, in the Territory of Utah. 

Alexander C. Bishop, of Utah Territory, to b.3 judge of pro- 
bate in the county of Weber, in the Territory of Utah. 

PROMOTIONS IN THE ARMY. 

Adjutant-GencraVs Department. 
Capt. John B. Babcock, Fifth Cavalry, to be assistant adjii 
tant-general. « 

Pay JJepartment. 

Lieut. Col. Thaddeus H. Stanton, deputy paymaster-general, 
to be assistant paymaster-general. 

Maj. George W. Candee, paymaster, to bo deputy paymaster- 
general. 

Cavalry arm. 

Second Lieut, .loseph C. Byron, Eighth Cavalry, to be iir=t 
lieutenant. 

POSTMASTERS. 

Hrzekiah B. Smith, to be postmaster at New London, in the 
county of New London and State of Connecticut. 

Harvey S. Clark, to be postmaster at Lodi, in the county of 
San .loaquin and State ot California. 

Bernard Billings, to be postmaster at Newton Upper Falls, in 
the county of Middlesex and State of Massachusetts. 

Green R. Lamb, to be postmaster at Enterprise, in the county 
of Dickinson and State of Kan.sas. 

George W. Akers, to be postmaster at Stafford, in the county 
of Staft'ord and State of Kansas. 

,Iohn D. Jones, to be postmaster at Yale, in the county of St. 
.Clair and State of Michigan. 

William H. Sherman, to be postmaster at Ayer, in tho. county 
of Middlesex and Stats of Massachusetts. 

Loring N. Fowler, to be postmaster ai Concord Junction, in 
the county of Middlesex and State of Massachusetts. 

Joseph G. Fietsam. to be postmaster at Weixnar, in the county 
of Colorado and State of Texas. 

Harry F. Hawkins, to be postmaster at Beaver Falls, in the 
county of Beaver and Sta c of Pennsylvania. 

Justus Pickit, to be postmaster at Fergus Falls, in the county 
of Otter Tail and State of Minnesota. 



1893. 



CONGRESSIONAL RECORD— HOUSE. 



1383 



Mr. HOPKINS of Illinois (to Mr. Williams of Massachu- 
setts). You have no riglit to instruct the Clerk. Mr. Speaker, 
a member comes up hero in front of the desk, ilictatin<r how the 
Clerk shall read the roll. I submit to the Chair that the Clerk 
is not to be dictated to as to how he shall read. 

Mr. CABLE. Mr. Speaker, I wish to state that I was out of 
the Hall for a moment when my name was called. I should have 
voted asrainst sustaining the demand for the previous question. 
Mr. RICHARDSON. I rise to a question of order. 
The SPEAKER. The gentleman will state it. 
Mr. RICHARDSON. There is so much disorder that it is im- 
possible for us to hear what is being- said. I ask that members 
be requested to take their seats. 

The SPEAKER. The Chair is trying to preserve order. The 
vote will be recapitulated, so there will be no mistake about it, 
and no erroneous record of a vote. The Clerk will recapitulate 
the vote so that members may hear how they are recorded. 

Mr. BURROWS. Would it not be well to have members re- 
sume their seats, under the rule? 

The SPEAKER. The Chair has appealed to members to pro- 
serve order. The Clerk will recapitulate the vote In such a 
manner that gentlemen can hear how they are recorded. 
The Clerk recapitulated the names of those voting. 
The SPEAKER. On this question the ayes are I.5.S and the 
noes 142. [Applause.] The ayes have it, and the previous ques- 
tion is ordered. The question now is upon agreeing to the re- 
port of the Committee on Rules. 

Mr. COX of Tennessej. Mr. Speaker, I move that the report 
of the committee be recommitted to the Committee on Rules 
without instructions. 

The question was taken: and the Speaker announced that the 
aves seemed to have it. 
' Mr. DINGLEY. Division. 

The House divided; and there wore — ayes 150, noes 83. 
Mr. PENDLETON. I call for the yeas and nays. [Cries of 
"Oh, no!''] 
The question was taken on ordering the yeas and nays. 
The SPEAKER. Eorty-live gentlemen have arisen in support 
of the demand for the yeas and nays — not a sufficient number; 
and the yeas and nays are refused. The ayes have it, and the 
report is recommitted to the Committee on Rules. 
Mr. BLAND. I move to reconsider the vote just taken. 
The SPEAKER. Under the rules the report of the commit- 
tee can not be brought back on a motion to reconsider. 

Mr. BLAND. I move to reconsider the vote just taken, and 
to lay that motion on the table. 

The SPEAKER. The Chair will state that the vote to re- 
commit a bill can not be reconsidered so as to bring the bill back. 
Mr. LONG. Mr. Speaker, I rise to a parliamentary inquiry. 
The SPEAKER. The gentleman will state it. 
Mr. LONG. Would it be in order to otter a resolution to sot 
aside a day for eulogies on the death of this bill and the effort to 
defeat free silver? [Laughter.] 

Mr. BOUTELLE. Mr. Speaker, whei-e does this result leave 
the proposition to carry out the pledges of the Democratic plat- 
form? [Laughter on the Republican side.] 

Mr. ENLOE. It will leave it to the members of the next Con- 
gress elected on that platform. 

an:ncal report of the commissioxer of labor. 

The SPEAKER laid before the House the following message 
from the President of the United States; which, with the accom- 
panying documents, was referred to the Committee on Labor; 

To the Senate and Bouse of Jlepr(sentatives: 

1 transmit herewith the eighth annual report of the Commissioner of La- 
bor. This report relates to tadustrial education in the United States and 
foreign cotmtries. 

ExEcnrrvE Mansion, 

Washington, D. C, Februartj S, 1893. 



BENJ. HARRISON. 



MOBILE AND DAUPHIN ISLAND TIAILEOAD. 

The SPEAKER laid before the House the bill (S. 3811) to 
amend an act entitled "An act to grant to the Mobile and Dau- 
phin Island Railroad and Harbor Company the right to trestle 
across the shoal water between Cedar Point and Dauphin Island," 
approved September 26, 1890. 

Mr. CLARKE of Alabama. Mr. Speaker, I ask unanimous 
consent for the present consideration of this Senate bill. 

The SPEAKER. The Clerk will read the bill, after which 
the Chair will ask if there be objection. 

The bill was read at length. 

The SPEAKER. Is there objection to the request of the gen- 
tleman from Alabama? 

Mr. KEM. I object. 

The SPEAKER. The gentleman from Nebraska objects, and 



the bill will be referred to the Committee on lutferstate and For- 
eign Commerce. 

CARRIAGE OP PASSENGERS BY SEA. 

The SPEAKER laid before the House the bill (S. 3050) to 
amend an act entitled "An act to regulate the carriage of pas- 
sengers by sea," approved August 2. 1HH2; which was read a lirsl 
and second time, and referred to Committee on Interstate and 
Foreign Commerce. 

COLLISIONS ON' THE WATER. 
The SPEAKER laid before the House the bill (S. 2966) to 
amend Rule VII. section 42;>3, of Revised .Statutes, relating to 
rules for preventing collisions ou the water; which was read a 
first and second time, and referred to the Committee ou luior- 
state and Foreign Commerce. 

OEN. GEORGE S. GREENE. 

The SPEAKER laid before the House the bill (S. 307.">j to re- 
move the charge of desortiou standing against Gen. George S. 
Greene. 

Mr. GREENLEAP. Mr. Speaker, I ask that that bill bo al- 
lowed to lie upon the Sjjeakor's table for the present. 

The SPEAKER. Is there objection to the i-o luestof the gen- 
tleman from Now York that this bill lie on the Spoaker'.s table 
for the i)resent? 

Mr. WATSON. What is thi bill, Mr. Speaker? 

The SPEAKER. The Clerk will again report the title of the 
bill. 

The title of the bill was again reported. 

The SPEAKER. Is there objection? 

Mr. KEM. I object, Mr. Speaker. 

The SPEAKER. The bill will b3 referred to the Committee 
on Military Affairs. 

SENATE BILLS REFERRED. 

The SPEAKER laid before the House Senatj bills of the fol- 
lowing titles; which were severally read a first and second time, 
anil referred to committees indicated below: 

The bill (S. 3075) for the relief of Maj. Gen. George S. Greene — 
to the Committee on Military Affairs. 

The bill (S. 2783) authorizing the President to jilace upon the 
retired list of the Army Sergts. Long and Connell, late of the 
Signal Corps, United States, survivors of the La'ly Franklin Bay 
expedition— to the Committee on Military Affairs. 

The bill (S. 2422) to amend the military record of John U. 
Skinner— to the Committee on Military Affairs. 

The bill (S. 1808)for the recognitionof Henry C. Hill as captain 
and aid-dc-camp on the staff of Maj. Gen. B. F. Butler, United 
States Volunteers— to the Committee on Military Affairs. 

The bill (S. 25S(i) to reimburse George C. Tanner, late consul, 
etc., the sum of $200 paid by him for rent of rooms— to the Com- 
mittee on Claims. 

The bill (S. 2301)) for the relief of Catherine E. Wliitall— to the 
Committee ou Claims. 

The bill (S. 2142) for the relief of M. S. Hellman, of Canyon 
City, Oregon— to the Committee on Claims. 

The bill (S. 1730) for the relief of A. P. H. Stewart— to the 
Committee on Claims. 

The bill (S. 1344) to make payment to Samuel J. Haynes of 
money erroneously and by mistake paid on his homestead en- 
ti-y— to the Committee on Claims. 

The bUl (S. 373) for the relief of the heirs of Daniel Donovan— 
to the Committee on Claims. 

CALIFORNIA AVENUE, BELAIR HEIGHTS, DISTRICT OF COLira- 

BIA. 

The SPE.VKER laid before the House the bUl (S. 3fi'<2) h _ 
row California avenue within Belair Heights, District of Co- 
lumbia. , ^ , . 

Mr. RICHARDSON. Mr. Speaker, I ask unanimous consent 
that that bill lie on the Sjieaker's table until to-morrow morn- 

in*^. 

The SPEAKER. Is there objection to the request of the gen- 
tleman from Tennessee? . 

Mr. WATSON. Mr. Speaker, I would like to hear the title 
reported again. We can not hear anything over hero. 

The title of the bill was again reported. 

The SPEAKER. The gentleman from Tennessee asks unan- 
imous consent that the bill lie on the Speaker's table for the 
present. 

Mr. WATSON. I object, >fr. Speaker. 

The SPEAKER. The bill will bo referred to the Commlttco 
on the District of Columbia. 

Mr. RICHARDSON. I want to say to the gentleman that this 
does not require any appropriation. ,^ , , „, ,-„,., 

The SPEAKER. The gentleman from Nebraska [Mr. I\JLMJ 
has objected to all unanimous consents. 

The SPEAKER also laid before the House Senate bills ot the 



1384 



C0NGEES810NAL EEOORD— HOUSE. 



Februaey y, 



following: titles; which were severally read twice and referred 
as follows: 

The bill (S. 3248) relating to acknowledgments of instruments 
affecting- real estate within the District of Columbia— to the 
Committee on the District of Columbia. 

The bill (S. 3239) authorizing' the Commissioners of the District 
of Columbiato refuse applications for water connections in cer- 
tain cases— to the Committee on the District of Columbia. 

The bill (S. 3147) to authorize the Gulf, Colorado and Santa Fe 
Railway Company to purchase certain lands for station pur- 
poses in the Chickasaw Nation — to the Committee on Indian 
Affairs. 

The bill (S. 3081) to authorize the issue of a duplicate to Addi- 
son A. Hosmer of a certificate of location of certain land therein 
described which has been lost or destroyed — to the Committee 
on Private Land Claims. 

GUNBOATS CONCORD AND BENNINGTON. 

The SPEAKER also laid before the House the act (S. 3395) to 
remit the penalties on gunboat No. 3, the Concord, and gun- 
boat No. 4, the Bennington. 

Air. ELLIOTT. Mr. Speaker, I ask unanimous consent that 
that be laid on the table until to-morrow. 

Mr. KRM. I object, Mr. Speaker. 

The SPEAKER. The bill will be referred to the Committee 
on Military Affairs. 

SENATE BILLS REFERRED. 

The SPEAKER also laid before the House Senate bills of the 
following titles; which were severally read twice and referred 
as below: 

An act (S. 3024) to exempt veterans from competitive exami- 
nations in the classified service of the United States — to the Com- 
mittee on Reform in the Civil Service. 

An act (S.2158) for the erection of an equestrian statue of Maj. 
Gen. .Tohn Stark in the city of Manchester — to the Committee on 
the Library. 

REPORT OP SMITHSONIAN INSTITUTION. 

The SPEAKER also laid before the House a Senate concur- 
rent resolution to provide for printing the annual reports of the 
Smithsonian Institution and of the National Museum for the 
year ending June 30, 1892. 

The resolution was read. 

Mr. RICHARDSON. Mr. Speaker, the Committee on Print- 
ing have considered that resolution and reported it favorably. 
I move that it be concurred in. 

Tha SPEAKER. The gentleman from Tennessee, the chair- 
man of the Committee on Printing, asks unanimous consent that 
this Senate resolution be concurred in. 

Mr. RICHARDSON. It does not require unanimous consent, 
Mr. Speaker. 

The SPEAKER. Why not? It is a Senate resolution. 

Mr. RICHARDSON. It does not require an appropriation. 

The SPEAKER. But it is not a House resolution, and under 
the rule it can be considered at this time only by unanimous 
consent. 

Mr. RICHARDSON. The House has already provided for 
printing the identical number provided for in this Senate res- 
olution, and the adoption of this resolution simply prevents a 
waste of time. 

Mr. DINGLEY. What does it provide for the printing of? 

Mr. RICHARDSON. The regular annual report of the Smith- 
sonian Institution. As I have said, we have already in the print- 
ing bill passed a provision to print this number. 

The SPEAKER. The gentleman from Tennessee [Mr. Rich- 
ardson] asks unanimous consent for the present consideration 
of this Senate resolution. Is there objpction? 

Mr. KEM. I object. 

The SPEAKER. The resolution will be referred to the Com- 
mittee on Printing. 

LEAVE OF ABSENCE. 

By unanimous consent, Mr. Williams of North Carolina ob- 
tained leave of absence for ten days, on account of important 
business. 

LEAVE TO PRINT DOCUMENTS. 

The SPEAKER. The special committee to investigate the 
Panama Canal Company desire leave to have printed such docu- 
ments as may be necessary in connection with the subject re- 
ferred to them for investigation. Without objection leave will 
be granted. 

There was no objection, and it was so ordei'ed. 

ENROLLED BILLS SIGNED. 

Mr. SCOTT, from the Committes on Enrolled Bills, reported 
that they had e.^amined and found truly enrolled biJs of the 
following titles; when the Speaker signed the same: 

A bill (H. R. 2427) granting a pension to Margaret Byron; 



A bill (H. R. 2493) granting a pension to Jesse Cleaveland; 

A bill (H. R. 3713) for increase of pension of Frances P. Gard- 
ener; 

A bill (H. R. 3845] to increase the psnsion of Edward R. Chap- 
man; 

A bill (H. R. 421.5) to correct the military record of Capt. Wil- 
liam C. Knowlton; 

A bill (H. R. 4375) for the relief of Charles S. Blood; 

A bill (H. R. 6194) to commission David P. Cordray as second 
lieutenant, to date from June 12, 1892; 

A bill (H. R. 7625) for relief of certain settlers on public land 
in the Tucson land district in Arizona; 

A bill (H. R. 8054) to increase the pension of Mary L. Bacon, 
widow of the late George B. Bacon, late lieutenant-commander 
of the United States Navy; 

A bill (H. R. 8298) to p'ension Emma Johnson, blind and de- 
pendent daughter of Daniel D. Johnson, Company B, One hun- 
dred and forty-second New York Volunteers; 

A bill (H. R.-8727) for the relief of S. J. Brooks; 

A bill (p. R. 8780) to restore to the pension roll Mary Eleanor 
White, as former widow of Capt. George W. Hazzard; 

A bill (H. R. 8784) granting a pension to Edward Smitherman; 

A bill (H.R. 8924) granting a pension to the widow of James 
A. Kelly; 

A bill (H. R. 8969) to grant a pension to Lydia Bollraan, a de- 
pendent sister; 

A bill (H. R. 9011) to grant a pension to Ida A. Taylor; 

A bill (H. R. 94.37) for the removal of the charge of desertion 
against William H. HoUoway; and 

A bill (H. R. 9757) granting additional quarantine powers and 
imposing additional duties upon the Marine Hospital Service. 

MESSAGE FROM THE SENATE. 

A message from the Ssnate, by Mr. McCoOK, its Secretary, 
announced that the Senate had insisted upon its amendments to 
the bill (H. R. 9527) to restore to the public domain a portion of 
the White Mountain Apache Indian Reservation, in the Terri- 
tory of Arizona, and for other purposes, disagreed to by the 
House of Representatives, had agreed to the conference asked 
by the House on the disagreeing votes of the two Houses thereon, 
and had appointed Mr. Jones of Arkansas, Mr. Platt, and Mr. 
Manderson as the cinferees on the part of the Senate. 

It also announced that the Senate had passed the following 
resolution: 

Resolved, That the Secretary be directed to request the House of Repre- 
sentativfts to returu to the Senate the bill (H. R. 9955) providing tor sundry 
light-houses and other aids to navigation. 

ORDER OF BUSINESS. 

Mr. DOCKERY. Mr. Speaker, I ask unanimous consent that 
the call of committees be dispensed with, and that gentlemen 
having reports to submit have leave to file them with the Clerk. 

Mr. TRACEY. I object. 

The SPEAKER. Objection is made, and the Clerk will call 
the standing and select committees for reports. 

The Clerk proceeded with the call. 

LOAN OF FLAGS FOR INAUGURAL CEREMONIES. 

Mr. LAPHAM, from the Committee on Military Affairs, re- 
ported back with a favorable recommendation the joint resolution 
(S. H. 140J authorizing the Secretaries of War and of the Navy 
to loan to the committee on inaugural ceremonies flags, etc.; 
which was referred to the House Calendar, and, with the accom- 
panying report, ordered to be printed. 

ARMY AND NAVY UNION BADGE. 

Mr. LAPHAM, also from the Committee on Military Affairs, 
reported back with a favorable recommendation a joint resolu- 
tion (H. Res. 57) authorizing the wearing of the distinctive badge 
adopted by the Regular Army and Navy Union upon all occasions 
of ceremony; which was referred to the House Calendar, and, with 
the accompanying report, ordered to be printed. 

TIMBER-CULTURE LAWS. 

Mr. AMERMAN, from the Committee on Public Lands, re- 
ported back with a favorable recommendation the Senate bill (S. 
2564) to amend section of the act appi-oved March 3, 1891, en- 
titled '• An act to repeal the timber-culture laws and for other 
pur»oses;" which was referred to the House Calendar, and, with 
the "accompanying report, ordered to be printed. 

WASHINGTON AND GEORGETOWN TERMINAL RAILROAD COM- 
PANY. 

Mr. RUSK, from the Committee on the District of Columbia, 
reported back, with a favorable recommendation, a bill (H. R. 
9229) to incorporate the Washington and Georgetown Termioal 
Railroad Company; which was referred to the House Calendar, 
and, with the accompanying report, ordered to be printed. 



1893. 



CONGEESSIONAL RECORD— SENATE. 



1407 



year — to the Select Committee on Immigration and Naturaliza- 
tion. 

By Mr. HARMER: Memorial and paper to accompany peti- 
tion of Georg-e W. Rosevelt, of Company K, Twenty-sixth Regi- 
ment, for increase of pension — to the Committee on Invalid 
Pensions. 

By Mr. HARRIES: Petitionof the German Soldier Society of 
Winona, Minn., aslnng Congress to repeal the act closing the 
World's Columbian Exposition on Sunday — to the Select Com- 
mittee on the Columbian Exposition. 

By Mr. HATCH: Petition of farmers of Clark County, Mo., 
for the passage of the antioption bill — to the Committee on Ag- 
riculture. 

By Mr. HAYNES of Ohio: Resolution of the board of health 
of tlie village of Woodville, Ohio, in favor of the National Gov- 
ernment controlling the quarantine system^to the Committee 
on Interstate and Foreign Commerce. 

By Mr. HITT: Petitionof the Rockford Furniture Company, 
of Rockford, 111., forl-cent letter postage — to the Committee on 
the Post-Office and Post^Roads. 

By Mr. HOOKER of Now York: Petition of the Ohiq Society 
of Surveyors and Civil Engineers, of Columbus, Ohio, referred 
to the Committee on Appropriations and re-refcrrcd to the Com- 
mittee on Agriculture — to the Committee on Agriculture. 

By Mr. HOUKof Ohio: Twopetitious of assncialions of Ohio: 
one of Putnam Council, Order of United American Mechanics of 
Dayton, and Fulton Council, Orderof United American Mechan- 
ics of Dayton, both for amendment of the immigration laws— to 
the Select Committee on Immigration and Naturalization. 

By Mr. JOSEPH: Memorial of the Legislative Assembly of 
the Territory of New Mexico, praying that the present session 
be extended from sixty to seventy days— to the Committee on 
the Territories. 

By Mr. MORSE: Petitionof I. Q. A. Lathrop and ninety-two 
others, of Hingham, Mass., praying for the repeal of the silver- 
purchase act of July 14, 1890 — to the Committee on Banking and 
Currency. 

Also, petition of the United Order of American Mechanics of 
Plymouth, Mass., praying for the restriction of immigration — 
to the Select Committee on Immigration and Naturalization. 

By Mr. OHLIGER: Resolution of U. S. Grant Council, Junior 
Order of United American Mechanics of Canton, Ohio, concern- 
ing immigration — to the Select Committee on Immigration and 
Naturalization. 

Also, petition of East Liverpool (Ohio) Turnverien, for the 
repeal of the Sunday-closing law — to the Select Committee on 
the Columbian ExDosition. 

By Mr. OUTHWAITE: Resolutions of the Iron Moulders' 
Beneficial Society, No. 98, of Columbus, Ohio, urging the estab- 
lishment of a permanent Census Burcau^to the Select Commit- 
tee on the Eleventh Census. 

Also, petitionof tlio Helvetia Aid Society, of Columbus, Ohio, 
for opening the World's Pair on Sunday — to the Select Commit- 
tee on the Columbian Exposition. 

By Mr. ROBINSON of Pennsylvania: Memorial of the Col- 
lege of Physicians of Philadelphia, Pa., favoi-iiig the establish- 
ment of a national commission on quarantine — to the Commit- 
tee on Interstate and Foreign Commerce. 

By Mr. RUSSELL: Petition of Miantonomoh Council, No. .30, 
United American Mechanics, of Norwich, Conn., in favor of re- 
stricting immigration- to the Select Committee on Immigra- 
tion and Naturalization. 

Also, petition of the Board of Trade and citizens of Norwich, 
Conn., for the suspension of all purchases of silver bullion — to 
Committee on Banking and Currency. 

Also, petition of Moheg;^an Council, No. "5, United American 
Mechanics, of Old Lyme, Conn., in favor of restricting immigra- 
tion — to the Select Committee on Immigration and Naturaliza- 
tion. 

Also, petition of Warren Council, No. 5.3, United American 
Mechanics, of Niantic, Conn., in favor of restricting immigra- 
tion — to the Select Committee on Immigration and Naturaliza- 
tion. 

Byr. MSTAHLNECKER: Resolution of the New York State 
Legislature, favoring the construction of a national harbor of re- 
lief in the bight of Canaveral, Florida— to the Committee on 
Elvers and Harbors. 

By Mr. STONE of Kentucky: Papers in the claims known as 
the Paducah claims of John E. Williamson, administrator of the 
estate of John B. Thompson, deceased, and other citizens of Pa- 
ducah, Ky. — to the Committee on War (Claims. 

By Mr. JOSEPH D. TAYLOR: Nine memorials setting forth 
the evil results of unrestricted immigration, praying legislation 
that "will prohibit immigration for one year excepting visitors to 
th^ World's Fair, and the appointment of a commission to in- 



vestigate and report on the evils of immigration, said memorials 
bearing the signature of Dr. Frank James and 201 other citizens 
of the Eighteenth Congressional district of Ohio— to the Select 
Committee on Immigration and Natui-alization. 

By Mr. VINCENT A. TAYLOR : Petition of the Methodist 
Episcopal Sunday school of Akron, Ohio, for closing the World's 
Fair on Simday— to tho Select Committee on the Columbian 
Exposition. 

Also, petition of 12 citizens of Cleveland, Ohio, for opoulng 
the ^Vorld's Fair on Sunday— to tho Select Committee on tho Co- 
lumbian Exposition. 

By Mr. WARN MR: Petition of business men of Now York, for 

the repeal of the law authorizing the purchase of silver bullion 

to the Committee on Banking and Currency. 

By Mr. WILLI A.MS of Illinois: Petition of farmers and labor- 
ers of Clinton County, 111., relative to a combination between tho 
millers, railroads, and elevators for tlio purpose of depressing 
the price of wheat and praying for a Congressional invosliga- 
tion — to the Committee on Agriculture. 



Dolph. 


Hoar, 


Sawyer, 


Dubois, 


HuntOQ. 


Sherman, 


I'"olton, 


Kyle, 


Shoup, 


Galtinger, 


McMillan, 


Slowart. 


Georce. 


McPherson, 


StoclchrlilKe 


GllKon, 


Morrill, 


Teller. 


Qornian, 


Palmer, 


Turplo. 


Hale. 


Pasco, 


Washburn, 


Hansbrough, 


Peffcr. 


•White. 


Harris. 


Perkins. 




Hawle.v, 


Pagh, 




Hlscock, 


Quay, 





SENATE. 
Fhiday, February 10, 1893. 

The Senate met at 1:2 o'clock m. 

Prayer by the Chaplain. Rev. J. G. BuTLEU, D. D. 

The VICE-PRESIDENT. The Journal of yesterday's pro- 
ceedings will be read. 

Mr. QUAY. I desire to inquire whether thero is a quorum of 
tho Senate present. 

The VICE-PRESIDENT. The roll wUl bo called. 

The Secretai-y called tho roll, and the following Senators an- 
swered to their names: 

Allison, 

Bate, 

Heny, 

liloilgctt, 

Butler. 

Cafferv, 

Call, " 

Carey, 

Chandler, 

Cockrell, 

Cullom, 

Dawes, 

The VICE-PRESIDENT. Forty-five Senators have answered 
to their names. A quorum is present. Tho Journal of yester- 
day's proceedings will bo read by tho Secretary. 

The Journal of yesterday's proceedings was read and approved. 

EXECUTIVE CO.MMUNICATIONS. 

The VICE-PRESIDENT laid tefore tho Senate a communi- 
cation from the Secretary of the Treasury, transmitting a 8ui>- 
plemental list of judgments rendered bj- the Court of Claims: 
which was referred to the Committee on Appropriations, and 
ordered to be piinted. 

He also laid before the Senate a commimication from tho Sec- 
retary of tho Treasury, transmitting a statement relative to tho 
work of tho division of warrants, estimates, and appropriations, 
and requesting that a provision of law be enacted authorizing 
the use of any unexpended balances of appropriations for extra 
work performed in that division; which, witli tho accomitanying 
papers, was referred to tho Committee on Appropriations, and 
ordered to be printed. 

PETITIONS AND MEMORIALS. 

The VICE-PRESIDENT presented resolutions adopted by tho 
Tacoma (Wash.) Chamber of Commerce, Februai-y"-. I "'O:!, favor- 
ing the annexation of the Hawaiian Islands to tho 1' '''s; 
which were referred to the Committee on Foreign 

Mr. QUAY presented a petition of Council No. 7ii. . .miui.i > )r- 
dcr of IJnited American Mechanics, of Draketown, Pa., praying 
for the passage of tne so-called Chandler immigration bill: which 
was referred to the Committee on Immigration. 
Mr. HANSBROUGH. I present a petition of the T.f-i-'lnfuro 

■ 'U-t 

..-.ui 
om for 



of North Dakota, praying that the abandoned port; 
Abraham Lincoln miilitary reservation and th" 
material thereon be donated to the .State of North i ii»i^ 
the beneOt and use of a. State reform sch<'ol 

I desire to state that Congress has not the y'^yr,-->- t , l. 
in the matter by reason of the fact that apart 
the State wishes to acquire are covered by tli ■ 
Railroad grant. I move that the petition hi raiorr.iJ 
Committee on Public Lands. 



ich 

ilic 

to the 



1408 



CONGRESSIONAL EECORD— SENATE. 



FEBRmu:iY 10, 



The motion was agreed to. 

Ml*. SHERMAN presented a memorial of the Presbyterian 
Church of Beech Springs, Ohio, remonstrating against the re- 
peal of the law closing the World's Columbian Exposition on 
Sunday; which was referred to the Committee on the Quadro- 
Contennial (Select). 

Ho also presented a petition of Iron Moulders' Beneficial So- 
ciety, No. 'J8, of Columbus, Ohio, praying for the eat ^ i^ m ent 
of a permanent Census Bureau and the coUectiorfflPiHraSTtcs- 
showing the distribution as well as the production of wealth; 
which was referred to the Committee on the Census. 

Mr. i;ULLOM presented petitions of 28 farmers of Massac 
County, 111., and of sundry citizens of Marion County, 111., pray- 
ing for the establishment of a commission to investigate the 
combine formed to depreciate the price of grain, etc.; which 
were referred to the Committee on Agriculture and Forestry. 

Mr. CHANDLER. I present a petition of the National 
Woman's Christian Temperance Union, in convention assembled 
at Denver, Colo., in November, 1892, signed by Frances E. Wil- 
lard, president, and the other officers of the union, praying for 
a further and more stringent restriction of immigration at our 
ports of entry. 

The petitioners state that they believe the safety ,and welfare 
of our nation and Government are imperiled by 11iBilliiifiH|iiiiiiiiin 
of such a large number of aliens, especially as nearly half of our 
Commonwealths, either by statutory or constitutional enact- 
ments, permit male immigrants over 21 years of age to vote at 
all elections within twelve months after their arrivaUn our 



borders by filing their intention to become citizei! 
spectfuUy urge that a larger restriction be placed upon the num- 
ber, the character, or the power of those coming to our shores, 
that they may not practically hold, upon their arrival, far greater 



ins of every honorably discharged soldier, and to prevent the threatened 
injustice to our armless and lygless veterans. 

CHARLES E. VOORHEES, 
Chiff Clerk House of liepre<^entatii:€S. 
In the Senate, Januiiry 31, 1893, the foregoing resolution concurred la. 

E. W. SMILEY. 
Chief Clerk of the Senate. 
Approved the 8th day of February, 189.1. 

KOBT. E. PATTISON. 

^ REPORTS OF COMMITTEES. 

Mr. McMillan, from the Committee on the District of Co- 
lumbia, to whom were referred the memorial of M. Ashford, J. 
B. Wilson, and 27 others, owners and dealers in i-eal estate in 
the District of Columbia, and the memorial of S. J. Fague & Son, 
Easterday & Haldoman, Allen O. Dart, and 57 others, owners 
and dealers in real estate in the District of Columbia, remon- 
strating against the proposition in the District of Columbia ap- 
propriation bill to authorize tha District Commissioners to reas- 
sess special assessments and taxes which have been or shall 
hereafter be declared void by the courts, asked that the commit- 
tee bo discharged from the "further consideration of the memo- 
rials, and moved that they be referred to the Committee on Ap- 
propriations; which was agreed to. 

He also, from the same committee, to whom was referred the 

:M\\ (S. 2177) to provide for the reassessment and relevying of 

'Cixes declared illegal and void, and for other purposes, reported 

adversely thereon, and the bill was postponed indefinitely. 

He also, from the same committee, to whom was referred the 

_ bill (S. 3808) amending the charter of the Maryland and Wash- 

'ey re-«'''igton Railway Company, submitted an adverse rejiort thereon; 



which was agreed to, and the bill was postponed indefinitely. 

He also, from the same committee, to whom was referred the 

.unu .u.,y xua^ u.. p.^u......^ .._.., wp.„ ..... „....„...„. ^..„^. bill (H. R. 8125) to provide for the regulation of the equipment 

nower over our morals and oven the very life of 1 1 1 1 nkliKf 5n lilinii T"'' operation of street railroad lines within the District of Co- 



the women who are born of American parents, and who have all 
their lives lived as good and faithful citizens in our midst. 

I move that the petition be referred to the Committ ee on Im- 
migration. 

The motion was agreed to. 

Mr. KYLE presented a memorial of West Union Farmers' Al- 
liance, No. 599, of Day County, S. Dak., remonstrating against 
the repeal of the so-called Sherman silver law; which was or- 
dered to lie on the table. 

Mr. PERKINS presented a petition of sundry citizens of Kan- 
sas, praying for the opening of the World's Columbian Exposi- 
tion on Sunday; which was referred to the Committee on the 
Quadro-Centennial (Select). 

Mr. POWER presented petitions of citizens of Helena, Butte 
City, Groat Falls, Musselshell, and Missoula, in the State of 
Montana, and petitions of Eagle Butte Lodge, No. 328, Brother- 
hood of Railroad Trainmen, of Forsyth; of Union No. 123, Jour- 
neymen Bakers and Confectioners' International Union of Amer- 
ica, of Butte City; of Bonanza Lodge, No. 194, Brotherhood of 
Locomotive Firemen, of Missoula, and of Union No. 43, Journey- 
men Tailors' Union of America, of Great Palls, in the State of 
Montana, praying for the opening of the World's Columbian Ex- 
position on Sunday; which were referred to the Committee on 
the Quadro-Centennial (Select). 

Mr. CAREY presented a memorial of citizens of Sheridan 
County, Wyo., remonstrating against the opening of the World's 
Colurnbian Exposition on Sunday; which was referred to the 
Committee on the Quadro-Centennial (Select). 

Mr. HOAR presented the petition of George Parsons Lathrop 
and other citizens of the United States, praying for the passage 
of legislation incorporating the National Historical Society; 
which was referred to the Committee on the Library. 

Mr. QUAY presented a joint memorial of the Legislature of 
Pennsylvania, i-emonstrating against the adoption of any amend- 
ment to the pension laws decreasing pensions; which was read, 
and referred to the Committee on Pensions, as follows: 

Concurrent resolution. 
IN THE House of REPRESENTATrvES OP Pennsylvania, 

Harrisbnrg, January 27, 1S93, 

Resolved by the house of representatives of the Coimnonieealth of Pennsylvania 
{if the senate will eoncuri. That we view with alarm the proclaimed purpose 
to strike down the pensions of the patriotic men who saved this country 
from disruption, and declare that, instead of the reduction of pensions, we 
are in favor of placing every honorably discharged soldier on the pension 
rolls, under the terms of the Pennsylvania service pension bill, introduced 
into the United States Senate by Senator J. D. Cameron, or a modiflcation 
thereof, whereby every honorably discharged soldier of the war of the re* 
belljon shall be treated as the veterans of all other wars of the United States 
have been. 

We ftirthermore enter our solemn protest against the effort now being 
made to deprive the armless and Jegless veterans of their right, under the 
present law, to an exchange of their artificial limbs. We believe the preser- 
vation of this nation is worth all it cost In blood and treasure, including the 
money heretofore paid and to be paid to its veteran soldiers as pensions, and 
we earnestly request the Pennsylvania Senators and members of the House 



lumbia by the Commissioners of said District, reported it with 
amendments, and submitted a report thereon. 

He also, from the same committee, to whom was referred the 
(S. 3792) to incorporate the American University, reported 
it with amendments. 

Mr. BATE, from the Committee on Military Affairs, to whom 
was referred the bill (H. R. 1422) for the relief of George M. 
Henry, reported it without amendment, and submitted a report 
thereon. 

Mr. PALMER, from the Committee on Military Affairs, to 
whom was referred the bill (H. R. 3184) correcting the muster of 
Lieut. Oilman L. Johnson, reported adversely thereon, aid the 
bill was postponed indefinitely. 

lie also, from the same committee, to whom was referi-ed the 
bill (H. R. 5.5191 for the relief of Daniel Eldridge, Company D, 
Fifteenth Illinois Volunteers, reported it without amendment. 

He also, from the same committee, to whom was referred the 
bill (H. R. 4071) for the relief of George W.Schachleiter, reported 
it without amendment. 

He also, from the same committee, to whom was referred the 
bill (S. 19GS) for the relief of Dr. .lames Madison, reported it 
with an amendment. 

Mr. HUNTON, from the Committee on the District of Colum- 
bia, to whom was referred the bill (S. 3795) to authorize the 
Washington, Alexandria and Mount Vernon Electric Railway 
Company to construct a bridge across the Potomac River, and to 
construct a railroad over the same and through certain streets 
and reservations of Washington, asked to b_' discharged from its 
further consideration, and that it be referred to the Committee 
on Commerce; which was agreed to. 

MESSAGE FROM THE HOUSE. 

A message from the House of Rspresentatives, by Mr. T. O. 
ToWLES, its Chief Clerk, announced that the House had passed 
the following bills: — 

A bill (S. 3788) granting right of way to the Colorado River Ir- 
rigation Company through the Yuma Indian Reservation, in 
California; and 

A bill (S. 3843) to authorize the Chesapeake and Ohio Railway 
Company to renew its railroad bridge across the Big Sandy River 
upon such plans and location as may be approved by the Secre- 
tary of War. 

The message also announced that the House had passed a joint 
resolution (H. Res. 214) providing for additional telegraphic and 
electric light facilities in the city of Washington during the in- 
augural ceremonies on the 4th day of March, 1893; in which the 
concurrence of the Senate was requested. 

AIDS TO NAVIGATION. 

Mr. DOLPH. By direction of the Committee on Commerce, I 
obtained the recall from the House of Representatives of the bill 
(H. R. 9955) providing for sundry light-houses and other aids to 



we earuesLiy request Lae Jreunsyivauia oonaLors ana uieiuueiH ui LUC nuuse ^ , .. ' ^ -, .,, t:.n . t i -.* „ ^«; t »c^1r4.v.n4- 

of Representatives to use their best efforts to secure the immediate pensou- ' navigation, and the bill was returned last e\ ening. 1 ask tnat 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1413 



Mr. COCKRELL. Let that bill be passed over for the present, 
as the Senator who reported the bill and the Senator who intro- 
duced it are both absent. 

The VICE-PRESIDENT. The bill will be passed over with- 
out prejudice. 

KANSAS RIVER DAMS. 

The bUl (S. 3294) to authorize the construction of a dam across 
the Kansas River, near Kansas City, in the State of Kansas, was 
considered as in Committee of the Whole. 

The bill was reported from the Committee on Commerce with 
amendments. 

The first amendment was, in section 1, lino :!. after the word 
"company," to insert '' a corporation duly created and organized 
under the laws of Kansas:"' in line 5, before the word ''succes- 
sors," to strike out "their '' and insert "its:" in the same line, 
before the word "hereby," to insert "are;"inline 6, before the 
word "authorized," to strike out "are," and in the same line, 
after the word "authorized," to strike out empowered;" so as to 
make the section read: 

That the Kansas City Land and Water Power Company, a corporation 
duly created and orsatiizea under the laws of Kansas, and its successors or 
assigns be. and are hereby, authorized and permitted to erect and maintain 
a dam across said Kaus.^s River at some point thereon between the west 
line ot section numbered 17, lo\vnsblp numbered 11, range numbered 25, and 
the west line ot section numbered 28, township numbered 12, range num- 
bered 24. in Wyandotte County, State of Kansas. 

The amendment was agreed to. 

The next amendment was, in section 2, line 1 , after the word 
" the," to strike out " dam so to be constructed shall be and con- 
stitute a lawful improvement when completed under and in ac- 
cordance with the statute laws of the State of Kansas, entitled 
'An a;-t to authorize the erection and maintenance of milldams 
and mills,' approved May 27, 1867," and insert " right to alter, 
amend, or repeal this act at any time is hereby expressly re- 
served: " so as to make the section read: 

Sec. 2, That the right to alter, amend, or repeal this act at any time is 
hereby expressly reserved. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

The bill (S. 3297) granting to the Interstate Water and_ Elec- 
tric Power Company, of Kansas, the right to erect and maintain 
a dam oi- dams across the Kansas River, within Wyandotte 
County, in the State of Kansas, was considered as in Committee 
of the Wnole. 

The bill was reported from the Committee on Commerce with 
amendments. 

The first amendment was, in section 1, line G, after the word 
"dam," to strike out" or dams;" in line 7, after the word '• place," 
to strike out " or places;" and in line S, before the word "county," 
to strike out "Shawnee" and insert "Wyandotte:" soastomake 
the section read: 

That the assent ot Congress Is hereby given to the Interstate Water and 
Electric Power Company, a. corporation created and organized under the 
laws of Kansas, its successors and assigns, to erect, construct, and maintain 
a' dam across the Kansas River at any suitable place within Wyandotte 
County, in the State of Kansas. 

The amendment was agreed to. 

The next amendment was, in section 2, line 2, after the word 
"act," to insert " at any time;" so as to make the section read: 

Sec. 2. That the right to alter, amend, or repeal this act at .any time is 
hereby expressly reserved. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

The title was amended so as to read: "A bill granting to the 
Interstate Water and Electric Power Company, of Kansas, the 
right to erect and maintain a dam across the Kansas River 
within Wyandotte County, in the State of Kansas." 

IRRIGATION AND RECLAMATION OF ARID LANDS. . 

The bill (S. 2529) providing for the irrigation and reclamation 
ot arid lands, for the protection of forests and utilization of pas- 
turage, and for other purposes, was announced as next in order 
on the Calendar. 

Mr. COCKRELL. Let that bill be passed over. 

The VICE-PRESIDExVT. The bill will be passed over. 

OURDAN & KOLB LETTER-ENGRA\aNG MACHINE. 

The bill (S. 2993) authorizing the purchase of the Ourdan & 
Kolb letter-engraving machine for the use of the Navy Depart- 
ment, was considered as in Committee of the Whole. 

Mr. COCKRELL. Let the report be read in that case, Mr. 
President. 



The VICE-PRESIDENT. The report will be read. 

Mr. CHANDLER. If the Senator will allow me. I will call his 
attention in the report to the clause where the board of experts 
recommend the purchase of this machine. It is on the second 
page of the report: 

It appearing from tnc reports referred to that the work of ougravlng the 
charts issued by the Hydrographle Oaice would be greatly facUtiaied by the 
use of the Ourdan & Kolb lettor-engravlng machine, the Deparimeut deems 
It advisable to purchase the same. 

Mr. COCKRELL. Lot the report bo i-oad at the desk, and 
then we can all hear it. 

The VIC1->PRESIDENT. The report will be read. 

The Secretary read the following report, submitted by Mr. 
Chandler, July 25, 1892: 

The Committee on Naval Aflalrs. to whom was referreit the bill (S.29MI 
authorizing the purchase of the Ourdan & Kolb lelterengntvinK machine 
for the use of the Navy Department, have considered the same and recom- 
mend Its passage tor the reason contained In the following conuiiunlcallons 
of the Navy Department: 

Navy Depaiituent, 11 j' ' ' '/i4,iffi. 
Sir: I have the honor to acknowledge the receipt . : r.in ot yes- 

terday requesting a statement ot the views ot this . i ;is to the 

advisability of authority to pur(li;i.se the Ourdan & K .ib l.ii<r-" ngnivlng 
machine for use in the Hydrogr;ii)hlc Onice, 

In reply 1 have to statti' that th-' Department ha-* afldr^'^^e-l n CTivr-iur.lca- 
tion to the chairman of the ComiuUlee on Api'i "' 

sentativos, iu response to his request for a rei ' 
of the proposed purchase of the ma<'hlne reft r 

munic.itlon contains a full statement of the vlew-^ oi inc iif.j'.iniii-T.i ui'i-u 
the sub.iect, 1 ir.ausmll herewith a copy of the same, with Ita luclosuren, for 
your information. 

Very respectfully, 

B. F. TRACY. 
Secrttary of tht .Vary. 
Hon. William E. CnANDLEii, 

UiiiUd Stales Senate. 

Navt Department, Waihington, July I4. j<i»?. 

Sir: Referring to the letter of the Committee <m Appropriations of ihe 
House of Representatives, dated the 4th ot May l.v^t. t •*••■■■">'''" • ■ ■ '.v -f 
House bill No. S799, authorizing the pun'hase of tht- 
engraving machine for the use of the Navy Depart: 
that this Department coiumiinlcale to the commute. -.... . 
it in,ay desire to make with reference to said bill, I havv- i :.■ 
that the Chief ot the Bureau of Navlgallou, to whom the Ik , 

raittee was referred by the Department for report and reco:i---. t. 

sutiinitled. with his concurrence, the following report, made by tiie Hydrvr 
graphcr to the Hureau: 

" In reference to bill II. R. 5799, to authorize the purchase I'f th- Dur.lan & 
Kolb letter-engraving machine for the tise of the ,Vavy 1)«-: ' )iavo 

the honor to stale that the machine has been e!c:inilncdan'i • >ard 

composed of naval oftlcfrs and civil experts and found to bi- ■ .-ii- 

gr.aving the figures representing depths of water on the ohario i- 
Navy Department. The advantage of the machine Is that It ei 
nom'ically a pvirlion of the work to be done on each chart plat.- ,. 
the engravers available for the performance ot those parts ol i.. ■.v,.rU 
which iuust be done liv hand. It will, therefore. Increase tiie c:ii>.i.ity of .1 
given working force and enable the Department to place the results i>t Im- 
port ant surveys at the service of the mariner more promptly. 1 think It 
would l)e advisable to purchase the m:ichlue. 

■The right of the Government to reproduce the machine or any of It.s parts 
free of all royalty should be inserted in the bill. I conslderl20,00U for a iilnglo 
machine as excessive," 

A copy ot the report of the board heroin mentioned Is Inclosed for the 
further'lnformation of the commtltec. 

I 



th 



[t appearing from the reports referred to. that the work of engraving 
e charts Issued by the HvJrographlcOmce would Iw greatly fari:i- itei by 
the use of the Ourdan & Kolb lettoreugravlng machine, the I' 
deems it advisable to purchase the same, but the aitenilon of th' 
is invited to the statement of the Hvdrogr:ipher that the sum of ' 
garded as an excessive price for a slniil" machine. If 11 Lithe lu'-i.'i.m ot 
the bill to provide that by the proposed purchase the United Stat-s shall 
acquire not only a single machine but the right to m.anufacture aiil ii~- '^e 
Ourdan & Kolb let ter-encraving machine without the payment • 
the Deparinient would suggest that the bill be amended so a- 
provide (<.rthe purchase of the patent right, and that a further )■: 
inserted securing to the United States the benellt of all Impr"v.:uem3 
which have been .ir may be made In said machine by the Inventors. 
Very respectfully, . . 

' ' B. F. TRACV, 5«rrffaryo/fA*.Vac». 

Hon. William S. Holm as. 

Chairman Committee on Appropriation; House of Sepreienlaliret. 

Wasbingtos, D. C, Jlarch 7, ISSI. 
Sir: In obedience to your order of February 6, 1891, we have the honor to 

make the following report: 

The examination ot the Ourdan & Kolb letter-engraving lu.ichl:;.' r,,n- 
slsted ot a close observation of Its iwrformance in engr.ivl! 
on two copper plates from drawings ot charts prepared : 
the Hydrographle Onice. On the lirsl plate were .i:,-:-.!-. 
shown on the Hvdrographic Omco (■h,irt Xo. IW:. - 
parallel or 48': arid on the second were engr.ived the 
of Shangh.ai Harbor nowlncour.se of construction. ..: 
bered 22.S i'. Proofs of these plates, marked A and B rc^p ■•:! ivm\ :irc ner— 

"* The^fcale'^of'^ihe projection on the llrst plate wns tl.-.=!:x.e l!y rhan-rel so as 
to m.ake its extreme dimensions about on. 
responding dimensions of the drawing li; 
ot the cap:iclty of the machine toadjus: 
of scale which sometimes exist In practl 
graving. It should be stated that the dl" 
"i-eater th:in those ordinarily occurring i 
The machine is found to bo stiltable for use In en jr.ivini i 

%'il'ex^tmln.^t\ouofTh°6 plates and proof show that the soandln« hare 
beei neatly and durably engraved, and that they are well f,e»<-<^J- 'l'»lj?5*; 
andclearly readable. The adjustment of the work forthe dlBerence In scalo 



>1 Is much 
arts l.Hsuci 



1414 



CONGRESSIONAL RECORD— SENATE. 



FEBRUAIiY 10, 



tstH-een the first plate and the corresponding drawing is sufficient to show 
thai in practice no errors from this cause are likely to occur. 

On the second plate there was no difference between the scale of the plate 
and that of the drawing. On this the stationing of the soundings was found 
to be exact. The distribution of the work on the first plate is such as to 
make the ouKraring of it diflloult alike by hand and by machine, while that on 
the seconil plaie is convenient alike for execution by hand and by machine. 
The performance of the machine under average circumstances can thus be 
fairly deduced and compared with the results attained by hand. 

The services of two men are required to operate the machine. They would 
be fairly paid at the rate of J4 and $2 per day, respectively. 

On the ilrsl plate S,900 soundings were stationed and engraved in a period 
extending over four days and amounting to twenty hours. On the second 
plate 3,300 soimdings were stationed and engraved in si.ic consecutive hours. 
On both plates O.lOi) soimdings were engraved in twenty-six hours or four 
working days. 

A skilled eugr.aver required seven and three-quarter hours to trace and lay 
down the soundings on the first plate. He would require nine hours to gauge 
and mark them in, and seven days to engrave them according to the present 
standard, or ten days for the stationing and engraving of the2,90O soundings 
on the first plate.' Similarly lor the second plate, nine days would be re- 
quired to station and engrave the 3,300 soundings. For both nlates nineteen 
days would be required to station and engi'ave the 6,100 soutidlngs. Thus 1 
.skilled engraver working nineteen days, or 19 skilled eugr.avers working one 
day. or approximately ,5 skilled engravers working four days will accomplish 
as much as the machine does in four days. 
The cost of operating the machine one year, exclusive of the interest 

on the investment, is »li (365 — 53) =6x313 $1,876 

The services of five skilled engravers for one year will cost 7,8» 

Annual gain in the capacity of the office 5,947 

It appears also that this machine will station and engrave soundings at 
the rate of 40 cents per 100. The average cost of this work In the office is 
$1.60 per 100, and by contract J3 per 100. The cost of engraving soundings by 
this machine Is one-fourth of the usual cost. 

It should be clearly stated that part of this advantage is involved in the 
change of the character of the figure engraved, and. Inasmuch as engravers 
have not generally been engaged under the supernsion of the Government 
in engi'aving figures consisting of lines of invariable breadth, such as are 
engraved by this machine, it becomes difficult to state the advantage of the 
macliine in exact terms. 

After the second plate was removed from the machine an engraver was 
employed one .and one-half hours in finishing the 4's and 8's. It is our opin- 
ion, however, that It is unnecessary to modify the Hgm-e 4 as it is engraved 
hv the machine. 

"The board fiuds itself unable to fix a price for amachine involving so much 
skill, genius, and labor, but is of the opinion that if a price is submitted 
judgment could be formed as to whether it Is fair. 
Respectfully submitted. 

JOHN A. NORRIS, 

Lieutfnant. V. S. Naty. 
HERBERT G. OGDEN, 
Assistant, V. A'. Coast and Geodetic Survey. 
H. M. WITZEL, 

Lieutenant, U. S. Naty. 
G. W. UTTLEHAEES, 
Assistant, U. 8. Ilydrographic Office. 
The Hydrograpker, U. S. Navy, 

V. S. Uydrogravhlc Office, Navy Department, Washington, D. C. 

Mr. COCKRELL. In line 6, after the word "m actonaJ' I 
move to insert " and the right to manufacture and us^BWSame 
and any improvements which have been or may be made in the 
same without tlio payment of any royalty tlierefor." That is 
the express recommendation of the board. 

Mr. CHANDLER. That amendment should be made. I had 
drawn a similar amendment, but it is entirely complete in the 
language used by the Senator from Missouri and should be 
adopted. 

The amendment was agreed to. 

Mr. COCKRELL. After the words " Navy Department,'' in 
line 4, 1 move to insert ''or any other Government Department." 

Mr. CHANDLER. That is correct. 

Mr. COCKRELL. Perhaps it would be better to strike out 
the words ■' Navy Department" and insert "for the use of the 
Government." 

Mr. CHANDLER. Say " for the use of the United States." 

Mr. COCKRELL. I move, in line 4 and line 7, to strike out the 
words"Navy Department" where they occur and insert "United 
States." 

The PRESIDING OFFICER (Mr. Hawley in the chair). 
The amendment will be stated. 

The Secretary. In lino 4, it is proposed to. strike out "Navy 
Department" and insert "the United States:" and in line 7, to 
strike out '■ Navy Department '' and insert " United States; " so 
as to read: 

That the Secretary of the Navy be, and he is hereby, authorized to purchase 
for the use of the United States, at a cost not exceeding the sum of J20,000, 
theOurdan & Kolbletter-engravingmachine, tor the use of the United States, 
etc. 

Mr. GALLINGER. I have no disposition to delay the consid- 
erationot this bill, if it is a good one, but I have not had time to 
examine it; and remembering that the Government has reversed 
its policy iu reference to presses in the Bureau of Engraving and 
Printing and returned to hand work, I ask that the bill go over 
until I can look into it. 

Mr. COCKRELL. L-t tlie last amendment be adopted, and 
then let the bill go over, 

Mr. GALLINGER. I have no objection to that. 

The amendment was agreed to. 



The PRESIDING OFFICER. The bill goes over under ob- 
jection. 
]\Ir. CHANDLER. I ask that the bill be printed as amended. 
The PRESIDING OFFICER. The bill will l>e printed as 

amended in the ahsence of objection. 

WHITE MOUNTAIN APACHE INDIAN RESERVATION. 
Mr. JONE.S of Arkansas submitted the following conference 
report; which was read: 

The commll tec of conference on the disagreeing votes of the two Houses 
on the amendments of the Senate to the bill (H. R. 963r) to restore to the 
public domain a portion of the White Mountain Apache Indian Reservation 
in the Territory of Arizona, and for other purposes, having met, after full 
and free conference have agreed to recommend and do recommend to their 
respective Houses as follows: 

That the House recede from Its disagreement to the amendments of the 
Senate numbered 1, 8, and 3. and agree to the same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 4 and agree to the same with an amendment as follows: 
In line 3 thereof strike out the word "Colville " and insert In lieu thereof 
the words " White Mountain Apache Indian;' and the Senate agree to the 
same. 

JAMES K. JONES, 

O. H. PLATT, 

CHARLES F. MANDERSON, 

Managers on tkepart of the Senate. 
S. W. PEEL, 

THOMAS DUNN E.NTGLISH, 
JOHN L. WILSON, 
Managers on the part of the House. 
The report was concurred in. 

LIBRARY OF HUBERT HOWE BANCROFT. 

The joint resolution (S. R. 103) directing the appraisement of 
the library of Hubert Howe Bancroft was considered as in Com- 
mittee of the Whole. 

Mr. COCKRELL. I see there is no report accompanying this 
joint resolution. 

Mr. QUAY. This is is not the original proposition for the 
purchase of the Bancroft library, which I think, as submitted, 
involved an expenditure of $JOO,000, but merely provides for an 
appraisement. It is a subject in which the late Mr. Blaine took 
a deep interest. It was brought to my attention by Mr. Curtis, of 
the Bureau of Pna-American Republics, who has examined the 
documents in the library of I\Ir. Bancroft, and believes they are 
of the greatest value to the Government and ought to be in our 
possession. 

The joint resolution was reported to the Senate without amend- 
ment, ordered to be engrossed for a third reading, read the third 
time, and pa^^sed. 

WASHINGTON AND ARLINGTON RAILROAD COMPANY. 



-Sfee bill (S. 344H) to amend the charter of the Washington and 



Arlington Railroad Company was announced as next in order 
on the Calendar. 

Mr. PERKINS. I ask that that bill may bo temporarily 
passed, retaining its place on the Calendar. 

The PRESIDING OFFICER. It will be so ordered. 

Mr. HUNTON subsequently said: I desire to inquire what was 
done with the bill to amend the charter of the AVashington and 
Arlington Railroad Company^ 

Mr. PERKINS. It.was passed over, retaining its place on the 
Calendar. 

The PRESIDING OFFICER. The bill was temporarily laid 
aside. 

Mr. HUNTON. Why was it passed over? 

Mi'. PERKINS. The Senator from Michigan [Mr. McMillan], 
the chairman of the Committee on the District of Columbia, re- 
quested me to have the bill jjassed over. I did so at his request. 
I do not know why he made the request. 

CHICAGO, ROCK ISLAND AND PACIFIC RAILWAY COMPANY. 

Mr. PERKINS. I ask unanimous consentfor the present con- 
sideration of Senate bill 3702. I think the bill will take no 
time. 

By unanimous consent the Senate, as in Committee of the 
Whole, proceeded to consider the bill (S. 3702) granting to the 
Chicago, Rock Island and Pacific Railway Company the use of 
certain lands at the Chickasaw Station, and for a " Y " in the 
Chickasaw Nation, Indian Territory. 

The bill was reported from the Committee on Indian Affairs 
with an amendment, in line 9, before the word "station," to 
strike out " Chickasaw '" and insert "Chickasha;" so as to make 
the bill read: 

Be it enacted, etc.. That the Chicago, Rock Island and Pacific Railway Com- 
pany, a corporation created under and by virtue of the laws of the States of 
Illinois and Iowa, is hereby granted the right to use for railroad purposes 
two additional strips of land, each lOOfeet in width, lying on each side of the 
ground selected for station purposes, tmder act of Congress, Chickasha Sta- 
tion, in the Chickasaw Nation, Indian Territory : and said railway company 
is also granted a right of way 1.600 feet in length fora ''Y'" in sections Si and 
32, to\\*nship 7 north, range 7 west of Indian meridian, said right of way to 
be of a width of 300 feet fora distance of 400 feet, and for the remaining 1.100 
feet the width shall be 100 feet. The amount of compensation to be paid to 
the Chickasaw Nation or tribe of Indians for such appropriation of land and 



1893. 



CONGRESSIONAL RECORD— HOUSE. 



14G3 



the World's Fair on Sunday — to the Select Committee on the 
Colombian Exposition. 

Also, pjtition of 160 citizens of North Carolina, of Gaston 
County, St. Marys College, Belmont, and Raleigh, for opening the 
World's Fair on Sunday— to the Select Committee on the Colum- 
bian Exposition. 

Also, petition of Ella Goldsmith, of Trenton, Iowa, for opening 
the World's Fair on Sunday — to the Select Committee on the 
Columbian Exposition. 

Also, petition of 45 citizens of Pennsylvania, for opening- the 
World's Fairon Sunday — to the Select Committee on thcColum- 
biau Exposition. 

Also, petition of 48 citizens of AUentown, Pa., for opening the 
World's Fair on Simday — to the Select Committee on the Co- 
lumbian Exposition. 

Also, petition of 44 citizens of Pittsburg, Pa., tor opening the 
World's Fairon Sunday — to the Select Committee on the Colum- 
bian Exposition. 

Also, 46 citizens of Philadelphia, for opening tlio World's Pair 
on Sunday— to the Select Committso on the Columbian Exposi- 
tion. 

Also, petition of 44 citizens of Philadelphia, Pa., for opening 
the World's Fair on Sunday — to the Select Committee on the 
Columbian Exposition. 

Also, petition of 43citizensof Beaver Falls, Pa., for opening the 
World's Fair on Sunday — to the Select Committee on the Co- 
lumbian Exposition. 

Also, petition of 42 citizens of Allegheny, Pa., for opening the 
World's Fair on Sunday — to the Select Committee on the Co- 
lumbian Exposition. 

Also, petition of T. J. Murphy and 15 others, of Chicago, 111., 
for opening the World's i''air ou Sunday — to the Select Commit- 
tee on the Columbian Exposition. 

Also, petition of ^Villiam Huth and 1V2 others, of Chicago, 111., 
for opening the World's Fair on Sunday — to the Select Commit- 
tee on the Columbian Exposition. 

Also, petition of Hugh McGovern and 5S others, of Chicago, 
111., for opening the World's Fair on Sunday — to the Select 
Committee on the Columbian Exposition. 

Also, petition of A. Galitzki and 50 others, of Chicago, 111., for 
opening the World's Fair on Sunday—to the Select Committee 
on the Columbian Exposition. 

Also, petition of Jerome Wallace and 55 others, of Chicago, 
111., for opening the World's Fair on Sunday — to the Select Com- 
mittee on the Columbian Exposition. 

Also, petition of John Bates and 56 others, of Chicago, HI., for 
opening the World's Fair on Sunday — to the Select Committee 
on the Columbian Exposition. 

By Mr. ENGLISH: Ten petitions of citizens of New York, as 
follows: The petition of William S. Hubbell and others; of Robert 
C Booth and others; of Samuel S Brown and others; of J. Man- 
ning and Chas. Baxter and others; of John A. B. Wilson and 
others; of William A. Brown and others; of George S.Pratt and 
others; of Thomas M. Peters and others: of Norris D. C. Craw- 
ford and others, and H. A. Spence and others, all praying for 
the repeal of the anti-Chineso legislation— to the Committee on 
■Foreign Affairs. 

By Mr. FITCH: Three petitions of associations of New York, 
as follows: The petition of officers and members of the Turn- 
verein 'V^arwarets: of the officers and members of the New York 
Schuetzen Bund, No. 1, and of the officers and members of the 
Central Turnverein of the city of New York, all asking for the 
repeal of the act closing the World's Fair on Sunday— to the Se- 
lect Committee on theColumbian Exposition. 

Also, petition of merchants and manufacturers of Now York 
City interested in the leather, hide, and skin trade, asking for 
the prompt repeal of the law which makes silver purchases ob- 
ligatory—to the Committee on Banking and Currency. 

By Mr. GREENLEAF: Petition of the Baptist Minist<M-s of 
Rochester, N. Y., in favor of the repeal or essential modification 
of the anti-Chinese legislation of May 5, 1892— to the Committee 
on Interstate and Foreign Commerce. 

By Mr. HxVKMER: Petition of Daniel E. Thompson CouncU, 
Order United Amemican Mechanics, of the city of Philadelphia, 
Pa., in favor of restricting immigration — to the Select Commit- 
tee on Immigration and Naturalization. 

By Uv. HITT: Petition of W. B. Crammer and 5 others, of 
Lanark, Ohio, for 1-ceut letter postage— to the Committee on the 
Post-Office and Post-Roads. 

By Mr. HOUK of Tennessee: Petition of M. A. Lewis, asking 
that his claim, with all the accompanying papers, be referred to 
the Court of Claims— to the Committee on War Claims. 

By Mr. HOOKER of New York: Petition of Frank Booker 
and' wife and others. of Randolph, Cattaraugus County, N. Y., in 
favor of closing the World's Fair on Sunday— to the Select Com- 
mittee on the Columbian Exposition. 



By Mr. HOPKINS of Illinois: Two petitions of citizens of Illi- 
nois, one of the Aurora (111.) Turnvoroin. and the other of the 
Local Union 29S, of Highland Park, both for opening tho 
World's Fair on Sunday— to tho Select Committee on tho Colum- 
bian Exposition. 

By Mr. JOHNSON of Ohio: Petition of tho German Turn- 
verein of Cleveland, Ohio, protestin ■ a'ain^' anv nti.m ln-r, in- 
gress seriously restricting or alt 
tion from other civilized nations • 
Committee on Immigration and Nutui . 

Also, petition of several largo tirm-i md. Ohio, rela- 

tive to a change in the postal law . : 

periodicals— to the Committee on ■ 

ByMr.LOUD: Resolution of tli 

Legion of tho United States, ( 'ommandory o: ' 
the annexation of tho Hawaiian Islands — t > 
Foreign Affairs. 

By Mr. MANSUR: Petition of Powers k Mooro nnd ir» other 
firms of Linn and other coimlis i "■ ' .' 

of tax on alohol— to the Commit ' 

By Mr. >UTCHELL: Ninepjtl 
sin, as follows: The petition of .' 
ISIilwaukeo; of tho Plattdeutsch 1 : 

chen Maimorchor of Milwaukee; uf the .MaMiUL-rchur d'T llur- 
manns Soehno; of the Milwaukee Licdorlaf'^l: of iho Union !"'' 
of Milwaukee, Brotherhood of Painters and ■ 
ica; of the Turnverein dor Nordscito; of ti. 
monic, and of tho German Veterans, all for <.|i' ini.i: i.i.- ,..!...» 
Fairon Sunday — to the Select Committee on tho Columbian Ex- 
position. 

By Mr. O'NEILL of Pennsylvania: Concurront re- ! 

tho Legislature of tho State of Ponnsylvanin. favnri 
sage of the service pension bill, and pi • 
lation that will prevent armless and 1' 

ing an exchange of their artilicial limiH— o m ■ i_iimMiui''' •■ii 
Invalid Pensions. ' 

By Mr. OUTHWAITE: Resolutions of th- i-i.i ■■' i. niii. ..f 
Columbus, Ohio, urging temporary restricti' 
the Select Committee on Immigration and . 

By Mr. PEARSON: Petition of Council Nu.tA), Order of L iiilod 
American Mechanics, located at Barncaville, Ohio, in favor of 
restricting immigration — to tho Select Committee on Immigra- 
tion and Naturalization. 

By Mr. PERKINS: Petition of banks and bankers in lowu. 
South Dakota, and Nebraska, for the repeal of tho Shernuin sil- 
ver-purchase act— to the Committee on Banking and (' nr. n -v. 

By Mr. POST: Petition of members of the Peoria 
emyof Sciences, and of the faculty of Knox College. > 
III., in favor of the metric system of weights and mea-..r.j to 
the Committee on Coinage, Wciglits, and Moai^ures. 

By Mr. RE\'BURN: Petition of Charles O. S - ' "■ - 

of Philadelphia, asking fora commission to inv< 

of immigration— to the Select Coramittjo on In.-.-,. - . u I 

Naturalization. 

By Mr. ROBINSON of Pennsylvania; Petition of ,T. H.Gfjns, 
of St. Louis, Mo., relative to tho demands or wi 
tho President of the United States by the comr. • • 

Washington from Honolulu— to the Committee on r (in' ijn .af- 
fairs. 

By Mr. RUSSELL: Petition of Bacon Counoi' v. m i . .t..| 

American Mechanics, of Colchester, Conn., in ■ 

ing immigration- to tho Select Committee on 1 .4 

Naturalization. „ , , 

By Mr. SCULL: Memorial of Rockwood (Pa.) Council, Junior 
Order United American Mechanics, No. .lOO, in favor of rcstrictr 
ing immigration— to the Select Committee on Immigration and 
Naturalization. . 

By Mr. SHONK: Memorial of Wyoming Council, No. 172, 
Order United American Mcchanica, for re3tricting immigra- 
tion—to the Select Committee on Immigration and Naturaliza- 
tion. 

By Mr. SMITH of Illinois: Petition of 28 far- 
111., relative to a combination betwo-'n tho mil. 
elevators for the purpose or depress! n 
a Congressional investigation— to the i 

By Mr. SPRINGER: Petition of the.'.: . 
County, III., for an appropriation to aid in ii. 
of the Pan-American Congress- to the Com 

^ By Mr. CHARLES W. STONE: R.-solutiondof tho T^ijlslatur.' 
of the State of Pennsylvania, in favor of f ' ' ' 

bill 894, praviug for a survey of a ship 

waters of Lake Frie and the Ohio River—;.. -. • ■~>-i 

Rivers and Harbors. .,.,,. ._ /^„_ 

By Mr. STOUT: House jomt memorial of Montana to v^n- 

gress, praying for the passage of Senate bill 2373, to amend sec- 



1464 



CONGRESSIONAL RECORD— SENATE. 



Februaey 11, 



tions 2474 and 2475 of the Revised Statutes— to the Committee on 
the Public Lands. 

By Mr. TOWNSEND: Petition of ^. Bethel, of Denver, Colo., 
in favor of using the metric system in the customs service after 
July 1, 1893— to the Committee on Coinage, Weights, and Meas- 
ures. 

By Mr. WILLCOX: Three petitions of the Order of Unitsd 
American Mechanics of Connecticut, as follows: The petition of 
Coginchanjj Council, No. 62; of Putnam Council, No. 19, and of 
Pioneer Council, No. l.all for restricting foreign immigration — 
to the Select Committee on Immigration and Naturalization. 

By Mr. YOUMANS: Petitionof Frank A. Robinson and others, 
for repealing the act closing the World's Pair on Sunday— to the 
Select Committee on the Columbian Exposition. 



SENATE. 

Saturday, Fchruanj ll, 1893. 

The Senate met at 12 o'clock m. 

Prayer by the Chaplain, Rev. J. G. Butler, D. D. 

The Journal of yesterday's proceedings was read and approved. 

PRE.SIDENTIAL ELECTORS. 

The VICE-PRESIDENT laid before the Senate communica- 
tions from the Secretary of Stato transmitting, in pursuance of 
the provisions of the act of Congress approved February 3, 1887, 
certified copies of the final ascertainment of the electors for 
President and Vice President appointed in the States of North 
Dakota and Montana at the elections held therein on the Sth of 
November, 1892, as certified by him by the governors of those 
States; which were ordered to lie on the table. 

INDI.'^N DEPREDATIO.M CLAIMS. 

The VICE-PRESIDENT laid before the Senate a communica- 
tion from the Attoi'ney-General of the United States, transmit- 
ting, in pursuance of law, a list of the final judgments i-endered in 
Indian depredation cas?s since June .'iO, 1891, in favor of claimants 
and against the United States and not paid; which, with the ac- 
companying papers, was referred to the Select Committee on In- 
dian Depredations, and ordered to be printed. * ■" "^ ' 

PETITIONS AND MEMORIALS. 



islature of South Dakota, favoring the passage of the bill to es- 



was referred to the Committee on Military Affairs. 

Mr. BUTLER presented a memorial of the Charleston Minis- 
terial Union, remonstrating against the opening of the World's 
Columbian Exposition on .Sunday, transmitted in a note from 
Mr. J. L. Stokes, the secretary of that organization: which was 
referred to the Committee on the Quadro Centennial (Select). 

He also presented a petition of the Lumber Trade Association 
of New York City . praying for the construction of the Nicaragua 
Canal under Government supervision; which was ordered to lie 
on the table. 

Mr. GALLINGER presented a petition of Washington Council, 
No. 3, Order United American Mechanics, of Goflfstown Centre, 
N. H., praying for the passage of legislation restricting im- 
migration; which was referred to the Committje on Immigra- 
tion. 

Mr. KYLE pi'esented a joint resolution of the Legislature of 
South Dakota, favoring the passag.' of the bill to establish a 
military post at or near the city of Pierre, S. Dak.; which was 
referred to the Committee on Military Affairs. 

Mr. FELTON pre-ented a petitif.n of the trustees of the San 
Fran('isco (Cal.) Bar Association, ju^ayingfor the establishment 
of a law library in San Francisco for the circuit court of ap- 
peals; which was I'eferred to the Committee on the Judiciary. 

He also presented a petition of citizens of Flagstaff, Arizona 
Territory, praying for the construction of a deep-water harbor at 
Ssn Pedro, Cal.; which was referred to the Committee on Com- 
merce. 

Mr. CAREY presented the petition of Rev. D. A.Snowand28 
other citizens of the District of Columbia, praying for a consti- 
tutional amendment prohibiting the manufacture, importation, 
exportation, transportation, and sale of all alcoholic liquors as a 
beverage in the District of Columbia: which was referred to the 
Committee on the District of Columbia. 

'Mr. QUAY presented a petition of the College of Physicians 
of Philadelphia, Pa., praying for the passage of an act to place 
the (luarantine at all our frontiers under national control, the 
prohibition for one year of the entrance into this country of 
steerage passengers, and the establishment at Vv^ashington of a 
national health commission; which was referred to the Commit- 
tee on Epidemic Diseases. 



Mr. PLATT presented a pstition of sundry citizens of Con- 
necticut, praying for the passage of legislation restricting allim- 
migration for one year; which was referred to the Committee on 
Immigration. 

Mr. HOAR i^rescnted a memorial of the Evangelical Alliance, 
of Boston, Mass., remonstrating against the sale of intoxicating 
liquors on the New Hebrides Islands; which was referred to the 
Committee on Foreign Relations. 

Mr. FRYE presented petitions circulated by the Womans' 
Christian Temperance Union, and signed by Mrs. A. C Clark, 
Miss A. A. Hicks, Mrs. H. B. Cook, and 16 other citizens of 
Maine; by Rev. C. W. Foster. H. L. Leonard, G. M. Morgan and 
67 other citizens, of Maine; by James W. Clark, John Moore, 
Hattie A. Burkett, and 8 other citizens of Maine, and by P. C. 
Pendleton, H. C- Mahoney, Sallie Durham and 31 other citizens 
of Maine, praying for the passage of the bill providing for the 
aj-ipointment of a commission to investigate the social vice; which 
were referred to the Committje on Education and Labor. 

He also presented petitions circulated by the Woman's Chris- 
tian Temperance Union and signed by C. H. Prey, J. W. Deering, 
LucyC. Pitcher, and 11 other citizens of Mains; by Caleb Fuller, 
C. F. Harden, Lizzie E. Marshall, and 17 other citizens of Maine, 
and by F. C. Pendleton, H. C. Mahoney, Eunice B. Giles, and 29 
other citizens of Maine, praying for the passage of the bill prohib- 
iting the importation, exportation, and interstate transportation 
of alcoholic beverages; which were referred to the Committee on 
the Judiciary. 

REPORTS OF COMMITTEES. 



Mr. QUAY, from the Committee on Commerce, to whom was 
referred the bill (.S. 3857) authorizing the const ruction of abridge 
over the Monongahela River, at the foot of Main street, in the 
borough of Bellevernon, in the State of Pennsylvania, reported 
it without amendment. 

.Mr. McMillan, from the Committee on the District of Co- 
lumbia, to whom were referred the following bills, submitted ad- 
verse reports thereon, which were agreed to: and the bills were 
postponed indefinitely. 
A bill (S. 679) to amend an act entitled ''An act to provide for 
^''^'? Q. OP ^'^' I th a settlement of all outstanding claims against the District of 
jj^jaiy "Splumbia, and conferring jurisdiction on the Court of Claims to 

hear the same, and for other purposes." 



TheVICE-PRESIDENTpresentedajointresolution(itJhtai3eg="-vft bill (S. 1102) referring to the Court of Claims the claims of 



Elias E. iJarnes and others; and 



tablish amilitary post at or near the city of Pierre, S.Diite4i«*rTcB aTbill (S. 603) referring to the Court of Claims the claims of 



James W. Walsh and others. 

Mr. SHOUP, from the Select Committee on Indian Depreda- 
tions, to whom was referred an amendment submitted by himself 
on the 10th instant, intended to bo proposed to the legislative, 
executive, and judicial appropriation bill, reported it favorably 
and moved that it be referred to the Committee on Appropria- 
tions and be printed: which was agreed to. 

lie also, from the Committee on Pensions, to whom was re- 
ferred the bill (H. R. 3743) granting a pension to Julia E. Lock, 
formerly widow of the late Gen. Daniel McCook, reported it with 
amendments and submitted a report thereon. 

.\Ir. HAWLEY, from the Committee on Military Affairs, to 
whom was referred an amendment submitted by Mr. Power 
on the 10th instant, intended to be propo.sed to the sundry civil 
appropriation bill, reported it favorably, and moved that it be 
r.'ferred to the Committee on Appropriations and be printed; 
which was agreed to. 

lie also, from the same committee, to whom was referred an 
amendment submitted by himself on the 10th instant, intended 
to be proposed to the Military Academy appropriation bill, re- 
ported it favorably, and moved that it be referred to the Com- 
mittee on Appropriations, and be printed; which was agreed to. 

Mr. CHANDLER. I am directed by the Select Committee on 
Failed National Banks, to whom was referred the bill (S. 3730) in 
amendment of the provisions of the Revised Statutes relative to 
national banks, to report it without amendment and to submit a 
report thereon. I desire to state that the Senator from Kentucky, 
Mr. Carlisle, was a member of the committee, but he is not 
now in the Senate. The Senator from Ohio [Mr. Brice] con- 
sents that the report may be made, reserving the right to himself 
at a latter period to dissent from the whole or any portion of the 
rcjiort. 

The PRESIDING OFFICER (Mr. Perkins in the chair). The 
bill will be placed on the Calendar. 

Mr. QUAY, from the Committee on Public Buildings and 
Grounds, to whom was referred an amendment submitted by Mr. 
Cameron on the 30th ultimo, intended to be proposed to the 
sundry civil appropriation bill, reported it favorably, and moved 
that it be referred to the Committee on Appropriations and be 
printed; which was agreed to. 



1893, 



CONGRESSIONAL EECOllD— SENATE. 



1465 



MISSISSIPPI RIVER BRIDGE AT SOUTH ST. PAUL. 

Mr. PRYE. I report from the Committeo on Commerco a 
bill to amend an act entitled "An act for tho construction of a 
railroad and wagon bridge across the Mississippi River at South 
St. Paul, Minn.," approved April 26, 1890; and as the time for 
commencing the construction of tho bridge expires the 15th day 
of February, instant, it is important that the bill bo passed im- 
mediately. 

The bill (S. 3859) to amend an act entitled "An act for the con- 
struction of a railroad and wagon bridge across the Mississippi 
Rivei' at South St. Paul, Minn.,'' approved April 20, 1890, was 
read the first time by its title and the second time at length, as 
follows: 

Be it enacted, etc., That tho act entitled "An act for the construction o( a 
railroad and wagon bridge across the Mississippi Hiver at South .St. Paul, 
Minn.," approved April ;;(), ISW), auil amended by an act apjirovcd February 
24, 1891, and also by an act approved February 15. 1892, be, and the same Is 
hereby, further amended liy e.vtendhig the time within which the construc- 
tion of said bridge shall be eomineuced to one year from the date of tho ap- 
proval of this act and by extfudius the time within which said bridge shall 
be completed to three years from the same year. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider tho bill. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, i-ead the third time, 
and passed. 

Mr. FRYE. I report back adversely from the Committeo on 
Commerce the bill (S.3S5G) to amend section 7 of the act ap- 
proved Februai-y 15, 1892, relative to the construction ot a 
bridge across the Mississippi River atSouth St. Paul, Minn., the 
committee having just reported an original bill to secure the 
same object and that bill having passed the Senate. 

The VICE-PRESIDENT. The bill will be postponed indefi- 
nitely. 

FOG SIGNAL AT KEWAUNEE, WIS. 

Mr. SAWYER. I am directed by the Committee on Com- 
merce, to whom was referred the bill (S. 3797) establishing a fog 
signal at Kewaunee, Wis., to report it favorably without amend- 
ment. It is a very short bill, and I ask that it be now considered. 

After reading, the Senate, by unanimous consent, proceeded 
to consider the bill as in Committee ot the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

PUBLICATION OF CENSUS REPORTS. 

Mr. M ANDERSON. Iamdirect«dby the Committee on Printr 
ing to report back favorably without amendment the bill (H. R. 
8582) to provide for the publication of the Eleventh Census, and 
I ask that it may be now considered. 

The VICE-PRESIDENT. The bill will be read for informa- 

Mr. MANDERSON. I desire to state, before the bill is read, 
that this measure passed the other House during the last ses^ 
sion of the present Congress. " It provides for the printing of the 
census reports. It proposes to print substantially the same num- 
ber that was provided for by law after the taking of tho Tenth 
Census. The bill was referred to the Committee on the Census 
of the Senate, and received their favorable report, and at the 
request of the chairman ot the Committeo on the Census was 
sent to the Committee on Printing. Tho Committee on Print- 
ing report it favorably, and I hope it may bo passed at once. 

The bill was read. , . , . 

Mr. MANDERSON. There is a report with the bill which is 
not very lengthy, which presents the matter quite in detail and 
shows the reasons which actuated the House ot Representatives 
in passing the bill. I ask that the report, without reading, bo 
printed in the Record. 

Mr. COCKRELL. I must ask that the bill shall lie over un- 
til I can look at it. 

Mr. MANDERSON. All right. ,. ^ 

Mr. COCKRELL. .lust let tho bill and tho report lie on the 
table, or the bill may be placed on the Calendar, and the Sena- 
tor from Nebraska can call up the bill any morning. I want to 

glance over it. ,,.,,, , ■, 

Mr. MANDERSON. All right, then, let the bill be placed on 

the Calendar. , ^ , -, 

Mr COCKRELL. Let it be placed on the Calendar. 
The VICE-PRESIDENT. The bill will bo placed on the Calen- 
dar, and the report will bj printed, under the rule. 
MONONGAHELA RIVER BRIDGE. 
Mr OUAY. I am directed by the Committee on Commerce, 
to wliom was referred the bill (H.R. 978(5) authorizing the con- 
struction of a bridge over the Monongahela River at West Eliza- 
beth, in the State of Pennsylvania, to reportitfavorably without 



amendment. I ask uaaniraoiis consent for the pi-esent consider- 
ation of the bill. 

After reading, tho Senate, by unanimoui; oonsont, proceeded to 
consider tho bill as in Commilto..' of tho Whole. 

Tho bill was rojMjrted to tho Senate without umondmont, or- 
dered to a third reading, read the third time, and pii.<sod. 
DILLS IN'TKODUCED. 

Mr. GEORGE introduced a bill (S.3S0U) for tho relief of J.R. 
Eggleston, of Uinds County, Miss.; which wa.s rea^ twioj by its 
titlo, and referred to tho Committee on Claini.s. 

Mr. HUNTON introdueol a bill (S.itMil) • ' Mio 

Washington, Alexandria ami Mount Vernon ay 

Company to constniet a bridge acros-s tho Polo; ..po- 

site ObsL'rvatory Hill, and to conalriict a ruilroud over tin- saiuo 
and through certain streets and rosorvationn; which was road 
twice by iti titlo, and roferro.l to tho Committeo on Coniiuorco. 

AMIiNUMKNTS TO API'KOPUIATIDN UlLLS. 

Mr. STl'W.VRT submitted an amoudinenl intended to Ur pro- 
posed by him to tho Indian appropriation bill; which wan re- 
ferred to tho Committee on Indian Affairs, and ordered to bo 
printed. 

Mr. STEWART. I move that tho letter of tUo Secretary of 
the Interior, transmitting a communication from the Coinints- 
sioner ot Indian AiTairs, together with a draft of a bill to ratify 
and confirm an agreement with the Indians on the Pyramid \jxV.o 
Reservation and the Walker River Resjrvation, iu the .suto of 
Nevada, be printed to accompany tho amendment just submittod 
by myself. 
The motion wa-^ agreed to. 

Mr. VOORHKl'.S submitted an amendment intended to bo pro- 
i)0S3d by him to ih.i deticiency appropriation bill; which was re- 
ferred to the Committeo on Appropriations, and ordered to bo 
printed. 

Mr. SHERMAN. I submit an amendment intended to !>; pro- 
posed to any genei-al appropriation bill for reference in the first 
instance to the Committee on Finance and finally to the Com- 
mittee on Appropriations. 

Thi VICE-PRKSIDENT. The amendment will bo referrca 
to the Committee on finance, and bo printed. 

Mr. DUBOIS submitted anaraendmont intended to be proposed 
by him to the Indian appropriation bill: which was referred to 
the Committee on Indian Atfairs. and ordered to Iw printed. 

Mr. Mcpherson submitted an amendment intended to bo 
proposed by him to the sundry civil ai)proprialion bill: which 
was referred to the Committee on Appropriations, and ordered 
to be printed. 

Mr. SQUIRE submitted an amendment intended to be pro- 
posed by him to the deficiency appropriation bill; which was re- 
ferred to the Committee on Public Buildings and Grounds, and 
ordered to be printjd. 

SEA PAY OF NAVAL OFFICERS. 
Mr. VOORHEES submitted tho following resolution, which 
was considered by unanimous consent, and agreed to: 

Itfeolced. Th.at the Secretary ot theTre.isury be. and he is : tod 

to inform the Senate what amount, oxoluslvc o( piyin^nts I: ap- 

propriations, has been reriltled as duo to naval onicers t^ ii ao 

cord.ancewith thedi'clslonof the Supreme Court In the ease of L'lm.d .st.itcs 
rs .Strong; how much of said amount has been paid; how niurlrof tho 
amoimtpaid w.as paid without re;;ard to the date wh.ii Hie s. rvi. ..^ were 
rendered: and how much ot the sums appropriated !•; ints 

soecrtilied tobedue remains unexpended Iwcause..' MnK 

payment fur servlees rendered more than six years i ■ 
petition in said ca.se. .Mso. whether oni.ers on r. 
have been slnee said decision was rendered, r. 
what date said decision has been construed byt) 
allow sea pay for such service. 

MESSAGE FROM THE HOUSF.. 
A message from the House of Representatives, by Mr. T. O. 
ToWLES, its Chief Clerk, announced that the House had i)assed 
the following bill and joint resolution: 

A bill (S. 3510) to amend section 4317 of the Revised Statutes 
of tho United States; and . 

A joint resolution (S. R. IJO) authorizing tho Secretaries of 
War and of the Navy to loan to the committee on inaugural 
ceremonies, flags, etc. , . .u 

The message als J announced thatthe House had agrcel to ttio 
amendments of the Senate to tho following bills: 

A bill (H. R. .3027) to grant to tho Gainesville, Oklahoma and 
Gulf Railway Company a right of way through tho Indian Ter- 
ritory, and for other purposes; and 

.\ bill (H. R. ."j.'iOl) to permit tho withdrawal of certain j;aper8 
and the signing of certain receipts by John Finn or his attorney. 
The messa"-c farther announced that the House hatl pas.-ed a 
bill (H R. ld:i63) to remove the disabilities of William F. Rol> 
inson, a citizen of the State of Alabama; in which it re.iuesfced 
the concurrence of the Senate. 



tho 
>nd 
om 
t to 



1466 



CONGRESSIONAL RECORD— SENATE. 



Eebruaey 11, 



ENROLLED BILLS SIGNED. 

Tho message also announced that the Speaker of the House 
had signed the following enrolled bills and joint resolution; and 
they were thereupon signed by the Vice-President: 

A bill (H. B. 8340) to amend an act establishing a Courtof Pri- 
vate Land Claims, and to provide for the settlement of private 
land claims in certain States and Territories, approved March 3, 

18W; . , , ., 

A bill (S.3787) to authorize the construction of a bridge across 
the St. Marys River, between the Statosof Florida and Georgia; 

A bill (S. 382G) authorizing Velascoand Surfside Terminal Rail- 
way Company to construct a bridge across the Galveston and 
Brazos Canal; , ^ . , 

A bill (S. 3825) to authorize the Homestead and Pittsburg Bridge 
Company to construct a bridge over the Mouongahela River from 
Pittsburg to Homstead; and 

A joint resolution (S. R. 134)authorizingthe exhibition at the 
World's Columbian Exposition of the picture entitled "The Re- 
call of Columbus,'' by Augustus G. Heaton. 

SETTLERS ON FOREST RESERVATIONS IN CALIFORNIA. 

Tho VICE-PRESIDENT. If there is no further morning 
business, that order is closed, and the Calendar under Rule VIII 
is in order. , ■ • ^ 

Mr. PELTON. I ask unanimous consent to call up the joint 
resolution (S. R. 150) to jirovide for the appointment of a com 
mitssiiin by the Secretary of the Interior to appraise the improve- 
ments made by actual settlers upon public lands, holding in good 
faith, under the United States in the Sequoia and Yosemite 
reservations in California, and for other purposes. 

The VICE-PRESIDENT. Is there objection to the request 
of the Senator from California'? ■ 
Mr. DOLPH. I object. 

Ml'. FELTON. I move that the Senate proceed to the con- 
sideration of the joint resolution. 
Mr. DOLPH. On that motion I call for the yeas and nays. 
The yeas and nays were ordered. 
Mr. KYLE. Is "a remark in order? 
The VICE-PRESIDENT. Remarks are not in order. 
Mr. MORGAN. I ask that the- Senator from SouthDakota 
have unanimous consent to make an explanation of the joint reso- 
lution. , .* , 
The VICE-PRESIDENT. Is there objection to the request of 
the Senator from Alabama'? 
Mr. DOLPH. What is the request'? 

The VICE-PRESIDENT. The Senator from Alabama asks 
unanimous consent that the Senator from South Dakota may be 
permitted to make some remarks with reference to the motion 
■which has just been made. 

Mr. DOLPH. I shall not object to that, but I shall myself ask 
unanimous consent to be heard. 
Mr. MORGAN. Of course, the Senator can have it. 
Mr. DOLPH. It will consume some time. 
Mr. MORGAN. Everybody wants to hear the Senator from 
Oregon. 

Mr. DOLPH. The joint resolution has not been to the Secre- 
tary of the Interior nor to the Committee on Public Lands, and 
I do not propose that it shall bo railroaded through the Senate if 
the Senate chooses to take it up. 

Mr. PALMER. I desire to make an inquiry. If the joint 
resolution is taken up would it supersede House bill 9350, the 
railroad bill? What would be the effect of taking up the joint 
resolution at this time? 

The VICE-PRESIDENT. House bill 9350, which is the un- 
finished business, does not come up until after the expiration of 
the morning hour, at 2 o'clock. The Senator from South Dakota 
will proceed. 

Iilr. KYLE. I do not wish to make extended remarks at this 
time, as, if the measure is taken, up, I expect to talk for a little 
while. I wish to say, however, that this is one of the most im- 
portant measures now pending upon the Calendar, and I hope we 
shall have the unanimous vote of the body to take the joint res- 
olution up. It can be disposed of in a very short time, I think. 
The VICE-PRESIDENT. The roll will be called on agreeing 
to the motion of the Senator from California to proceed to the 
consideration of the joint resolution. 
The Secretary called tho roll. 

Mr. GEORGE. My colleague [Mr. Walthall] is detained 
from the Senate bv indisposition. He is paired generally with 
the Senator from Rhode Island [Mr. DixON]. I make this an- 
aouncement for the day. 
The result was announced— yeas 42, nays 3, as follows: 

yeas— 42. 



Pelton, 


=< Kyle, 


Peffer, 


Stockbrldge 


Galllnger, 


«g McMillan, 


Perkins, 


Teller, 


George, 


^ McPherson, 


Piatt, 


Turpie, 


Hausbrough, 


— Maucler.son, 


Power, 


Vance, 


HaiTis, 


— Mills, 


Pugh, 


Vilas, 


Hoar, 


03 Morgan, 


Sawyer, 


Voorhees. 


Hunton, 


Oi Morrill, 


Shonp, 




Jone.s, Ark. 


to Palmer, 


St«wart, 






.^ 


NAYS-3. 




Dolpli, 


^ Hawley, 


Sherman. 






lo' NOT VOTING-42. 




Aldrich. 


3 Dawes, 


HiscocU, 


Squire, 


Allen, 


CO Dixon, 


Irby, 


Stanford, 


AUlson, 
Bate, 


r^ Faulkner, 

o Pry. 

t , Gibson, 
Gordon, 


Jones, Nev. 
Mitchell, 


Vest, 
Walthall, 


Blackburn, 


Paddock, 


Wiirren. 


Camden, 


Pasco, 


Washburn, 


Cameron, 


Gorman, 


Pettigrew, 


White, 


Casey, 


Gray, 


Proctor, 


Wilson, 


Colquitt, 


Hale. 


Quay, 


Wolcott. 


D.aniel, 


Hlggins, 


Ransom, 




Davis, 


Hill, 


Sanders, 





Berry, 

Blodgett, 

Brice, 



Butler, 


Carey, 


Cattery, 


Chandler, 


Call, 


Cockrell, 



Colte, 

CuUom, 

Dubois, 



So the motion was agreed to; and the Senate, as in Committee 

of the Whole, proceeded to consider the joint resolution (S. R. 
150) to provide for tho appointment of a commission by the Sec- 
retary of the Interior to appraise the improvements made by 
actual settlers upon public lands holding in good faith, under 
the United States, in the Sequoia and Yosemite reservations, in 
California, and for other purposes. 

Mr. DOLPH. Mr. President. I opposed the taking up of this 
joint resolution, because I knew that it would necessarily occupy 
a good deal of time of tho Senate, and ]5robably consume the 
morning hour for more than one day, and also because I do not 
think it is a meritorious measure, or at least we have not suf- 
ficient information before the Senate to justifyus in adopting it. 

1 have been honored by tho Senate by being made the chair- 
man of the Committee on Public Lands. I wish to say for that 
comroittee that I think it is one of the most painstaking and in- 
dustrious committees in this body. It has promptly taken up 
and disposed of every measure referred to it that any member 
of the committee desired to have disposed of. It has reported a 
great many bills which have been passed by the Senate, and 
many of them by both branches of Congress. 

On the 15th of Februarv, 1892, the Senator from South Dakota 
[Mr. Kyle] introduced Senate bill 2198, entitled "A bill tn 
amend an act entitled 'An act to set apart certain tracts of land 
in the State of California as forest reservations,' approved Oc- 
tober 1, 1890." 

That bill proposed that the provisions of an act of Congres^ 
withdrawing from settlement a certain tract of land described 
in the bill should bo amended so as to contain the following pro- 
vision: 

Prodded, howcecr.'niia nothing in this act shall be construed as in any- 
wise affecting the grant of lands made to the State of California by virtue oi 
tho act entitled "An art authorizing a grant to tho State of California of th" 
Yosemite Valley, and ot the land embracing tho Mariposa Big-Tree Grove, ' 
approved June :», 1861; or as affecting any bona flde entry of or fllmg on 
land made within the limit above described under any law of the United 
Stales prior to the approval of this act.' 

This bill of the Senator from South Dakota was introduced and 
referi-ed to the Committee on Public Lands on the 15th of Feb- 
ruarv, 1892. On the 2d of March, 1892, probably at the next meet- 
ing of the committee but one, this bill was referred to the senioi- 
Senator from Mississippi[Mr, Walthall] for examination, anil 
as other measures relating to this reservation and tho rights ol 
these parties came in, as has always been tho custom of the com 
mittee, they were referred to that Senator as a subcommittee. 

Mr. President, I am extremely desirous, although I shall nee 
essarily speak somewhat at length in discussing this bill, of hav- 
ing the attention of the Senate. I think I have something ot 
sutiioient importance to present to justify their attention and 
something which requires their consideration. 

As I have said, the bill introduced by the Senator from Soutli 
Dakota was referred to the Committee on Public Lands and con- 
tained a provision intended to protect the supposed settlers upon 
this reservation. The subject-matter of that bill was again 
brouo-ht before the Committee on Public Lands. 

The senior Senator from California [Mr. STANFORD] intro- 
duced at the last session, March 23, 1892, a bill (S. 2703) for the 
relief of settlers upon certain land within recent reservations in 
the county of Tulare and State of California, which was refcri-ed 
to the Committee on Public Lands and which provided: 

That the said bona fide settlers (settlers upon this reservation) may make 
immediate application for said indemnity upon the passage of this bill, and 
it is hereby provided that a sufficient amount of money be, and is hereby, 
appropriated, out of any moneys in the Treasiu-y of the United States not 
otherwise appropriated, to carry out the provisions of this bill. 

Mr. COCKRELL. Will the Senator please tell us from what 
he is reading? 
Mr. DOLPH. I am reading from a bill introduced by the senior 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1475 



aminer of November 39, 1891 (EslilWt V). I called special attention to the 
fact that in this article, instead of blaming the Government lor "crush- 
ing out the life of the colony," as he has so often in biiihllowu and iudlK- 
nant language done before, he now places the whole blaino for the failure of 
the scheme upon the colonists themselves. 

I tr.iusmil herewith (Exhibit W), a statement prejiared by a resident mem- 
ber, purporting ti> sliowthe colony possessions and the number and names 
of the resident members. While I believe the member intemleil to be in en- 
tire good faith, yet I have iuformationfromseveral soiu'cos that the priniin.g 
press, engine, and other machinery referred to has either never been paid for. 
or has been paid for in "time checks." and that most of the horses and mules 
belong to private individuals and not to the colony. 

If everything that the colony really owns was placed In the market to-mor- 
row I doubt if it would realize $5,000 at the outside ttgure, and this is all they 
have to show for some $100,000 to 5203,000 contributed. The list of H7 resi- 
dent members is also inaccurate, as I know of several uamed therein who do 
not reside within 30 miles of the settlement. A signilicant fact is that tlio 
names of only 3 of the resident members appear In the origtual lists of ■' tim- 
ber fliers." 

To show the serious straits to which the colony is now reduced, I trans- 
mit copy of a notice posted on the side of their hall (Exhibit X), calling 
for volunteers to go outside the colony and work, and" txtrn in all their earn- 
ings in excess of personal needs, "to buy food and provisions for the others. 
The colony is now ifi exf.femis; they have no home resources wliatever with 
which to furnish the necessaries of life to 147 souls, or even 47 souls; con- 
tribittions from outside sources have almost ceased, and how they are to 
keep body and soul together is a seriotis qnestion. 

Before leartng Kawoah I requested the new board of trustees to submit a 
statement of their case from their o^\'n point of view, for transmission with 
my report, and I particularly requested that they would specillcally slate 
how the colony had been "crushed by the despotic heel of the Government," 
as has been so often claimed in various so-called woritingmcn's organs pub- 
lished throughout the country. 

This statement (Exhibit Y) is simply a rehash of what has been pub- 
lished so many times. and is, in brief, to the following effect: 

In 1884 a number of people, " earnest believers in the theory of coopera- 
tion, wishing to make a practical test of the same," located on Government 
lands lU the "Giant Forest," and filed their timber-laud claims thereon " in 
accordanca mth law." Commissioner Sparks suspended action on these 
claims on suspicion of fraud. "Conscious of the rectitude of their inten- 
tions " they "proceeded to build a road to communicate with their timber 
lands, and to improve their homesteads." Their claims, however, were can- 
celed, and by this action of the Government they were ■■ robbed of their 
houses, and reduced topenury and want:" and they ask that theirclaims be 
restored and the timber lauds be patented to them. The evident impre.ssion 
they desire to create by their well-guarded statements is. that they had .set- 
tled on these timber lands in " Giant Forest," and solely for the purpose of 
making homes thereon, and not for speculation in the timber. 

The actual tacts are, that the lands In the "Giant Forest " were not suita- 
ble for homestead or other entry under the settlement laws: as shown by 
their own sworn statements, in which they swear that " said laud is unlit 
for cultivation and valuable chiefly for its timber." They made no attoiiipt 
to acquire said lands for homes under any of the settlement laws. They 
filed timber land applications Iherefor luider the act of June 3, 1878 (20 Stat., 
89), under the provisions ot which settlement or residence on the land is not 
retiuired. 

Intact, the "Giant Forest," even if it had been suitable for entry under the 
homestead laws, was inaccessible at that time for residence purposes; and 
even to-day, after the completion of the wagon road to the edge of the forest, 
that port ion of the forest upon which these men hied timber-land applications 
can onlj' be reached by a circuitous, diftlcult, and d,angerous narrow tr;ul, 
up and down precipitous moimtains for a distance of about 8 miles. The 
efforts of these men have been directed solely toward securing possession of 
the valuable timber lands in the "Giant Forest," with the object of embark- 
ing in the lumber btisiness on a large scale: and the colonization project for 
thepurpnse of acquiring homes, etc. . was simply a side show for the pur- 
pose of drawiug attention from their real object and creating sympathy. 

Had the management of the colony expended one-half their efforts and 
one-third of the money received in a bona tide attempt to establish homes 
for the members of the colony and acquire lands valuable for agriculture, 
orchard, or grazing purposes, as aresottrce from which to secure subsistence, 
instead of expending all ot their efforts and money in an endeavor to secure 
timber lands for speculative purposes, there might possibly have been some 
chance for the colony to have become a success. 

The Kaweah colony is now virtually dead, and I can see no object anyone 
can have in keeping up the agitation regarding it, except possibly for the 
purpose of airing i)oUtical aspirations and booming themselves for oBlce, 
I transmit a letter dated Decembers. 1891, received by me from J. J. Martin, 
who is the secretary of the association (iSxhibitZl. and call attention to 
the following paragraph therein, sho^vlngthe effort they are now making to 
create apolitical issue on their demands: 

"Onr people have joined the F,armers' Alliance in a body, and that party 
are anxiotts to take up otu' case in the next Presidential campaign." 

The entire history of the " Kaweah Cooperative Colony " can be .summed 
up in a few words. 

It was conceived in illegality, born in fr.aud, and nurtm-ed In falsehood and 
deceptiou ; but as it grew in years, and acquired knowled.ge by experience 
it endeavored to sh.ake off t he evil influences which had governed its life, and 
is now perishing from exhaustion. 

In substantiation of the statements made by me In this report, I transmit 
the affidavit of Mr. Robert T. Van Norden. of San Francisco, Cal. (Exhibit 
AAl, who accompanied and assisted me iumy investig,ation,and was pres- 
ent at every interview held by me with members of the colony and others. 

Regarding the charges ot timber trespass by members ot the colony. I de- 
sire to state that in my opinion there has been much more agitation on that 
subject thau the facts in the case warranted. 

Upon the completion of the wagon road to the borders ot the forest. In 1890, 
the colonists erected a small sawmill on section 3, township 18 south, range 
S9 east, cut a tew trees from lands adjoining, .and sawed them up into limi- 
ber. which was used in the construction of houses, etc., for the use ot mem- 
bers of the colony. 

When the special <agent attempted to stop them from cutting, they as- 
sumed adetiant attitude and refused to desist unless compelled by law : there- 
fore the arrest of the trustees was necessary. This stopped the cutting and 
caused them to remove the saw-mill: and it seems tome that the further :ind, 
continued pro.secution of the case agaiustthem was unwise, as it gave them 
ahaudle vrith which to workup sympathy byclaiming that the Government 
was persecuting them; and they worked it to the best advantage possible 
to them. 

The colonists subsequently leased a sawmill on the S. ' ot NK. } sec. 11, 
and S. i of NW. } sec. 13, T. 17 S., R. 30E., which was patented to Ish:im Mul- 
lenix April 9, 1890, and is now assessed to the estate ot T. J. Atwell, and dur- 
ing last year sawed some 250,eOOfeet ot lumber. A county road runs through 
the Atwell claim, and they hauled a tew loads ot lumber there on to the val- 



v«n 



I ho 
*uuo- 



ley and "Mineral King" settlemout. for sale: but ai> .se aa to 

tlnanrial matters connected with the mill and lis m .'. orUvras 

stopped, and will hardly be re-'ommeucud by the " KaW' , . 

1 submit the following pi 

Exhibit 1115— View of th ! In active operation. 

Exhibit CC— View of m; vin-.; !>tock on hand 

Exhibit UD— View ot "I. i.iir- 

While the colonists were at ^■■ .uforma- 

tion, or mlsunderstaudlug of t .vho Is lu 

command of the soldiers iii chii . the cut- 

ting ot timber on this tract, ai ^,.ou 03 It 

became known that the land \v. 

The misrepri'sentation of the i.„ i^, i.pi.i, 1, iiv 'v.>n, 

was taken !i<lvanta'.;e of by the aujutatorsot the • .ok 

upon it in any other light than an Intentional p. • : the 

Government. 

There is no timber trosp.-is.s now being commuted within the Umlta of the 
Se(iuoia National I'ark. 

I am,s,atislled that the members of the K'"- •'■ ••.■•^■■-.•i,-.. ■• 
those who have controlled its destinies, v 
they would eventually, by some means or 

valuable timber kinds in the "Giant !•'.■: ... .. ,. . 

centl}', attempted to gain control of by 111. 

The action of Congress In embracing the , national park reser- 
vation has, however, llnally and forever . ,,.. ,,i,.^f,.,, ■,iTii.,iijjh 

the'-e are many of the memlwrs, especially the uoui' :iro 

unfamiliar with or Ignorant of the land laws, who 'ho 

persons who attempt to make the illegal. If not fr:i ive 

^ome rights in equity whichshould be cousiderwl,:in'l iiU- 

Ued for their lo.ss by the Governineiil. 1 have tried ' : ' so 

clear that even such persons can uudi.'rstand how th'_; _... .alod 

and deceived by misleading and false publications. 

There is much more ihatuiight be s;ild regarding the "Kaweah Codpcra- 
tive Colon.v"and its oper;itions. b\it I have :ilready exl<-ndcd uiv r*if>rt to a 
greater length than I could wish. I h;ive endeavored toe- ' to 

stating the main facts in the case In a condensed form: but ' ■ iii-h 

to be said th;it it has been a dinicult task. I have trieil Im ^: u, 

they appear to me. without ]irejudice or bias: and J bt- 
ment made can be substantiated by clear and indlsjn. ' n 

satisf:iction of the most incredulous person, even If CO' .; 

ony Itself. 

Very respectfully, 

G. V. N. OGDEN, 
DetaiUd Clerk, Oeneral Land ojlef. 

(See the thirty exhibits hereto attached). 

USX OF EXHIBITS. 

A— Prospeciu.s of the Cobjwratlve Land Purchsso and Colonization Ajuo- 
clation ot Oallfornla. 

15— Certillcd copyof articles ot lucorporationot the Tulare Cooperative and 
Giant Forest Railroad Company. 

C— Certilied coi>y of articles of incorporation ot the CoiJiwrallvo Brick, 
Tile, and Terra Cotla Association. 

D— Letter ot Ch;irles F. Keller ot March 33, 1891. 

E— Form of power of attorney signed by many of the fliers. 

F— Affidavit of i:dward .M. Jeffords, 

G— AJlldavlt of Thomas Markuscn. 

H— Protest ot resident members of colony agralnst action ot their secre- 
tary, etc. 

I— The Commonwealth for November, 1889, 

J— Time check. 

K— .Application for membership. 

Li— Mapot Miles'ssurvey. 

M— Letter of C. E. Miles. November 34, 1891. 

N— Certilied copy ot arcticles ot Incorporation of the Giant Forest Wagon 
and ToU Koad. 

O— Certified copy of articles of Incorporation of the ICaweah Cooiwratlve 
Colony. 

P— Letter ot J. J. Martin, Novcml>or 24, 1891. 

Q— Certified copy of deed from Kaweah Cooperative Colony AssocLitlon to 
Kaweah Cooperative Colony Company. 

R— List ot timber filers who have deeded to the colony. 

S— Copy of deed from timber filer to colony. 

T— Letter ot nurnetlo G. Haskell. (No dale, i 

U— Letter ot Uurnctte G. H:iskell of January 4. 1891. 

V— First page of San Francisco Examiner ot November 29, 1891. 

W— Statement as to resident members and property of colony. 

X— Copy of published notice posted on Colony Hall. 

Y — Statement of present bo:ird of trustees. 

Z— Letter of J. J. Martin ot Uecember 5, 1891. 

A A— Affld;ivit ot Assistant Robert T, Van Norden, of San Francisco, Cal. 

BI5— Photograjih ot Atwell's mill, 

CC— Photograph of Atwell's mill yard, 

DD— Photograph of Giant tree. 

WASHINGTON, FAIRFAX AND ALEXANDRIA RAILWAY. 

Mr. HUNTON. With the consent of tlic Senator from Illi- 
nois, in charge of the unfinisliod business, I a.sk permission to 
call up the bill (S. .313:1) to incorporate the Washington, Fairfax 
and Alexandria Railway Company. If it gives rise to any de- 
bate I will withdraw it. 

The rRESIDING OFFICER (Mr. Perkins in the chair). 
The Chair will call the attention ot the Senator from Virginia 
to a note made on the bill by the clerk to the effect that thr3 bill 
is not to be called up except in the presence of the S.uator from 
West Virginia (Mr. Faulkner] or the Senator from Michigan 
[Mr. JilcMlLLAN]. The Chair does not see either of those Sen- 
ators in his seat. , , , X! 

Mr. HUNTON". Does the Chair regard that as an objecUon 
to taking up the billV , , . ,. 

The PRESIDING OFFICER. If that was the tindorstanding 
or agreement at the time the bill was reported, the Chair would 
feelconstraincd to observe it. , . . 

Mr. HUNTON. I believe that all the amcndmont.s the chair- 
man of the Committee on the District of Coin '■ iodwero 
incorporated in the bUl. In regard to the ~ m W est 
Virginia, I am authorizad to call the bill up it. .... --ica. 



1476 



CONGRESSIONAL EECORD— SENATE. 



Februaey 11, 



Mr. HANSBROUGH. I think the bill had bsttcr go over 
until the two Senators indicated are in the Chamber. 

The PRESIDING OFFICER. The Senator from North Da- 
kota objects, and the bill will go over. 

PRESIDENTI.\L APPROVALS. 

A messag-e from the President of the United States, by Mr. O. 

L. PRUDEN,ono of his secretaries, announced that the President 

-r^on the 'Jth instant approved and signed the joint resolution 

{S. K. l-!4) to provide fo;- the maintenance of order during the 

inaugui-al ceremonies, March, 1893. 

The mefsago also announced that the President had on the 
10th instant approved and signed the act (S. :VMl) to refer the 
claim of Jessie Benton Fremont to certain lands, and the im- 
provements thereon, in San Francisco, Cal., to the Court of 
Claims. 

The message further announced that the President had this 
day approved and signed the act (S. 3798) to amend an act on- 
titied "An act to.authorize the building of a railroad bridge at 
Little Rock, Ark." 

HOUSE BILL REFERRED. 

The bill (H. R. 10363) to remove the disabilities of William P. 
Robinson, a citizen of the State of Alabama, was read twice by 
its title, and referred to the Committee on the Judiciary. 

FORTIFICATIONS APPROPRIATION BILL. 

Mr. DAWES submitted the following report: 

The committee of conference on the disagreeing votes of the two Houses 
on the amendments of the .Senate to the biU (H. R. 99231 "making appropria- 
tions for forlincatious and other works of defense, for the armament thereof, 
for the procurement of heavy ordnance for trial and service, and for other 
purposes." having met, after fnU and free conference have agreed to recom- 
mend and do recommend to their respective Houses as follows: 

That the Senate recede from its amendments numbered 3, 6. V, 8, and 9. 

That the House recede from its dlsaKreement to the amendments of the 
Senate numbered 1 and 5, and agree to the same. 

That the House recede from its disagreement to the amendment of the 
Senate mnubered 2, and agree to the satne with an amendment as follows: 
In lieu of the sum proposed in said amendment insert "8175,000;" and the 
Senate agree to the same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 4. and agree to the same with amendments as follows: 
In lines 3 and ■), page 1. of said amendment, strike out the words "or so much 
thereof as may be necessarv" and insert in lieu thereof the following: 

"Of the several sums available for allotment by the Board of Ordnance and 
Fortification for experimental and other purposes under the several 'acts 
making appropriations for fortifications and other works of defense, for the 
armament thereof, for the procurement of heavy ordnance for trial and serv- 
ice, and for other purposes,' which several acts were approved September 23, 
1888, March 2, 1889, August 18, 1890, February 4, 1891, and July 23, 1893, and this 
act, all of which sums are hereby set aside to the extent necessary and made 
available and continued in force for this purpose." 

And strike out the words "eighty-flve" where they occur in lines 16 and 30, 
page 2, of said amendment and insert in lieu thereof the word "sixty;" and 
the Senate agree to the same. 

That the House recede from Its disagreement to the amendment of the 
Senate numbered 10. and agree to the same with amendments as follows: 
Strike out all of lines 17 to 24, inclusive, except the word " Pionded.' in 
line 34, on page 2, of said amendment, and at the end of said amendment add 
the followmg: "Or who is connected with or in the employ of any manufac- 
ttirer who h;i,s or shall have contracts with the United States for any ord- 
nance material; " and the Senate agree to the same. 

H. L. DAWES, 
WILLIAM M. STEWART, 
A. P. GORMAN, 

Managers on the part of the Senate. 
WILLIAM C. P. BRECKINRIDGE, 
L. P. LIVINGSTON, 
WILLIAM COGSWELL, 

Managers on the part of the House. 

Mr. HAWLEY. Senators are well aware that the reading of 
the report gives not the slightest imaifinablo idea of what has 
been done by the conferees. I should be very glad if the Senator 
in charge would mention some of the chief recessions made by 
the committee of conference on the part of the Senate. 

Mr. DAWES. The first amendment of the Senate is for the 
construction of gun and mortar platforms, $.")0,00U. That is 
agreed to. By the second, sites for fortifications and seacoast 
defenses, the Senate appropriated $300,000 and tlie House con- 
ferees receded with an amendment reducing the amount to $175,- 
000. 

Mr. HAWLEY, What was the original House proposition: 

Mr. DAWES. There was none. 

Mr. HAWLEY. None at all? 

Mr. DAWES. None at all. The third amendment is for the 
protection, preservation, and ro]iair of fortifications. The House 
of Representatives appropriated $45,000. The estimate was $S1 ,- 
000, I think. It appeared that there was of the $50,000 appro- 
priated last year an unexpended balance remaining in the hands 
of the Govci-nmeut of a little less than $20,000. The officials 
were vei-y desirous of having it increa ed to $60,000 for the sake 
of having a fund on hand- to meet exigencies wliich they could 
not of course foresee; whether any or how great was all in the 
future. The Senate conferees have receded from the Senate 
amendment adding $10,000 to that fund, which leaves on hand 



over and above what they had last year a surplus of about $18,- 
000. 

The next is the amendment authorizing the Board to make a 
contract with A. H. Emei'y for a disappL-aring gun carriage. 
That amendment is agreed to by the conferees with the modifi- 
cation that only 60 per cent instead of 85 per cent shall be ad- 
vanced to Mr. Emory during the consti-uction upon th 3 bond 
given by him to repay that sum if the carriage is not satisfactory 
and accepted by tlie Department, and it appropriates a balance 
in the Treasury under the appropritttions of years past of enough 
money to meet the payment for the carriage provided it is ac- 
ci'pted. The legal elfectof the whole provision is that Mr. Emery 
undertakes to construct a disappearing ca'-riage on the plan pro- 
posed by him, and the Government advance to him 05 p r c.mt 
of what "it costs upon his giving a bond to reimburse the Govern- 
ment all that sum if his carriage dojs not inset the stipulations 
of the contract. 

The sixth amendment is for steel breech-loading rilled mortars 
of 12-inch calib;?r, $300,000. The Senate conferees have receded 
f ; om that amendment on the ground that we have ah'eady eighty 
mortars of all sizes, and that other parts of the progressive work 
as a whole were more behind tlian this particular fea'uie. As 
it was not possible for the Senate to ca'-i-y out their views of ob- 
taining appropriations up to what they thought the require- 
ments of the service demanded, the conferees felt justilied in 
dropping, if they must drop anything, the mortars, becau; e that 
feature of the plan has been lieretofore advanced more than some 
others. 

The tenth amendment is a change of phraseology in the ap- 
propriation for the Board of Ordnance and Fortifications, the 
phraseology in the bill having been inserted by the House com- 
mittee by mistake and they themselves wishing to have the cor- 
I'oction made. It stands in precisely the language of the forti- 
fication appropriation acts heretofore. 

The amendment [jroviding for one more civilian member of 
the Board, who should be either a civil or a mechanical engineer, 
eminent in his profes-ion and well acquainted with the general 
ju'operties of steel and in the et nstruction and uso of machines, 
the Senate conferees found it impossible to hold, and therefore 
thev have receded. 

Mr. HAWLEY. There is one defect in the bill that is greatly 
to be regretted. The ph-ns for the fortification of the coast are 
thoroughly matured by the engineers. They can tell ju.-it what 
land they require around the coast from Maine to California and 
Oregon, just wlicre the land is, just what is the area required, 
and can give a pretty good guess as to what they may be obliged 
to pay for it. Of course no progress can be made at any of those 
lilaces designated until the land shall have been purchased. 
That is the first step. Then the engineers and ordnance officers 
know precisely what guns they wish to place, just where to 
place them, and the approximate cost of them. But it may as 
well be understood that not one step can be made towards the 
real fortification of the thousands of miles of coast of this great 
country without any appropriation for the purchase of sites. 

Mr. DAWES. What the Senator says is scriptural — it is all 
true — but nevertheless the bill in its present shape is the best pos- 
sible thing attainable under thecircumstances. The other House 
made no appropriations for sites. Gen. Casey, who has charge of 
this matter, appeared before the House committee and urged a 
large appropriations. He appeared before the Senate committee 
after the bill came here and said that there is one particular 
jilacc — he did not care to mention it in the hearing of specu- 
lators — which is a strategic point of immense value to the Gov- 
ernment that it was in his opinion the paramount duty of the Gov- 
ernment to obtain. . 

All these matters have been considered by the committee of 
conference. The suggestions of the committee on the ] art of 
the Senate^ that these necessary sites were falling into the hands 
of speculators and the ^n-ice would be enhanced greatly unless 
they were taken at the earliest possible moment were met with 
the answer that the rise in value could not exceed the intei'est 
on the money, and that we should always be able to fall back 
upon the power of condemnation: to which the Senate conferees 
replied that all experience showed that by condemnation process 
we paid more than we did by private purchase. 

When the conference committee came together the conferees 
on the part of the Senate found the committee on the part of the 
House resolved to stand upon the point that they would not pur- 
chase any of the sites this year, owing to what they felt was the 
condition of the Treasury. ' However, the point to which Ihavo 
alluded seemed to make some impression upon them, and as a 
necessary concession upon their part they have concedi d to the 
extent of $175,000. I do not controvert what the Senator from 
Connecticut has said. I felt its force quite as much as he did. 

Mr. HAWLEY. I took it for granted that the Senator from 
Massachusetts would not interpret me as censuring the Senate 



1893. 



CONGEESSIONAL RECORD— SENATE. 



1481 



Mr. BATE. Ye.s; but whether it does or not it is quite ap- 
jilicable. It will be an clement in the amount of damage, be- 
( ause the case will go to the courts, and if the employe knows of 
the defect and still continues in the service that will be a fact 
for the court and the jury. I think the amendment is eminently 
proper. 

Ml-. WHITE. I shall favor the amendment if the Senator 
from Mississippi will act upon the suggestion I have made. 

Mr. GEORGE. I desire simply to have a vote upon the sec- 
tion as it came from the House of Representatives. I recognize 
the doctrine of contributory negligence, as stated by the Sena- 
tor from Louisiana, but I propose also to say that the section, 
although it be not skillf ufly drawn, has the same elTect exactly 
/ as if the word " contributory " was stricken out. If, however, 
it will aid in getting any votes in favor of the amendment, I am 
very willing that the word '' contributory "' shall be stricken 
out. 

Mr. WHITE. If the Senator will allow me a moment, I am 
heartily in favor of the purpose he has in view. 

Mr. GEORGE. Will striking out that word help the amend- 
ment with the Senator? 

Mr. WHITE. If the Senator will allow me a moment I will 
try to write a, little change which I think will accomplish the 
purpose I have in view; and when I have written it I shall sub- 
mit it to the Senator. ' 

Mr. GEORGE. Very well. I wish to get all the votes I can 
for the amendment. 

Mr. WHITE. Let me read the section and call the attention 
of the Senator from Mississippi to it as I propose to modify it: 

That any employ^ of any such common carrier who may be Injured by any 
locomotive, car, or train in use contrary to the provisions of this act shall 
not, be deemed thereby to have assumed the risk thereby occasioned, al- 
though continuing in the employ of such carrier after the habit ttal unlaw- 
ful use of such locomotive, car, or train had been brought to his knowledge, 

Mr. GEORGE. I accept the amendment. 

Mr. WHITE. I would strike out, in line 4, the words "guilty 
of contributory negligence," and insert the words which I send 
to the desk, "thereby to have assumed the risk thereby occa- 
sioned." 

Mr. GEORGE. That is all right. 

Mr. CULLOM. I suggest, if there is going to be no opposi- 
tion to the amendment, that the call for the yeas and nays may 
as well be withdrawn. 

Mr. GEORGE. Of course I will withdraw the call for the 
yeas and nays if the understanding is that the amendment is go- 
ing to pass unanimously. 

Mr. GRAY. I do not think it will pass unanimously. 

Mr. GEORGE. I withdraw the call for the yeas and nays. 

Mr. GRAY. Then I renew the call for the yeas and nays. 

Mr. GEORGE. Very well. 

Mr. GRAY. I think there is a very serious objection to this 
amendment, and I have doubt about the right of Congress, in 
regulating the instrumentalities of commerce, to stretch its 
powers so as to regulate the contracts in every respect which 
may be made with these people. I have enough doubt about it 
to control my vote. 

The VICE-PRESIDENT. The amendment proposed b^ the 
Senator from Louisiana [Mr. White] to the amendment will be 
stated. 

The Chief Clekk. It is proposed to amend the section so 
as to read: 

That no employ^ of any such common carrier who may be Injured by any 
locomotive, car, or train, which is in use contrary to the provisions of this 
act shall be deemed thereby to have assumed the risk thereby occasioned, 
although continuing in the employ of such carrier after the unlawful use of 
such locomotive, car, or train had been brought to his knowledge. 

Mr. GRAY. Mr. President, this amendment seeks to inti'o- 
duce to every one of our forty-four States an amend merit to the 
common law of that State of a character more far reaching than 
any which has ever been before attempted by Congress, so far as 
T can now recall, by one enactment. We undertake now to pre- 
scribe to the courts in every State in this Union a rule in regard 
to negligence, a rule in regard to the liability of employers, and 
a rtile in regard to the ordinary risk assumed by all persons who 
engage with their eyes open in certain employment, to be admin- 
istered not only by the courts of the United States, but by the 
courts of every State in this country, whether that contravenes 
the policy of a State or not, whether, in the opinion of its courts 
or in the policy adopted by its Legislature, such a rule be wise 
or not. I believe that this e.\ercise of power by Congress in this 
respect is unnecessary , and that there is no exigency demanding so 
far reaching and radical an exercise of power as would be made 
by this amendment if adopted. 

The law in regard to the risks assumed by one man who takes 
employment from another are the product of a long series of 
years,' of many decisions, of the philosophy of the best minds 
which have been devoted to the elucidation of that subject. 



They do not rest upon any capricious or haphazard foundation, 
they are not the result of hasty consideration: but tliey have teen 
the development of the laws of human action and intercourse and 
relation of parties inter fc which have been developed by our 
courts after argument and discussion througli a long series of 
years and by many wise tribunals, with an entire concensus of 
opinion. I believe that it would te better to leave it so. 

I believe that justice would te tetter administered, that the 
relations of man and man would bo in a more satisfactory con- 
dition, it wo were to restrain our hand, if wo liave the power — 
which I am not now discussing — from interference in this intimate 
and delicate relation. If the States choose to do it, that is one 
thing; they have the power; and in the competition going on 
between the States in the improvement of our jurisprudence, 
one State advancing tentatively and making experiments iuthis 
direction or that, and other States adopting it if they find that 
it stands the test of experience and the best judgment of the 
courts and of the public opinion of the country, I think that is 
the best way to attain these results, and the safest and surest 
way in which advancement can be made along thi'.se lines. 

I do not think we have sulTieiontly considered how far we are 
invading the jurisprudence of the States, and how trenn-ndous 
a thing It is if wo reach out our hand and i)lace it upon the courts 
of forty-four States in this Union, to control them in adminis- 
tering the law, which has been administered from time out of 
mind. I think there is no necessity for it and no exigency de- 
manding our interference. 

The VICE-PHKSIDENT. The question is on the amendment 
submitted by the Senator from Mississipjii as modified. The 
amendment will be read. 

The Cini;K Clerk. It is proposed to insert as a new section 
the following: 

Sec. 8. That any employe of any such common carrier whomay be Injured 
by any locomotive, car, or train in use contrary to the provLslons of this act 
shall not be deemed thereby to have assumed the risk thereby o<c;isli(neil, 
although continuing in the employuu'iil of such carrier after habitual un- 
lawful use of such locomotive, car, or train had been brought to his knowl- 
edge. 

Mr. PEFFER. I understood that the suggestion which I 
made as to the phraseology of this amendment had teen accepted 
so far as the first and second lines are concerned. 

Mr. GEORGE. Thei-o is nonecessity for the Senator's amend- 
ment. It is covered l)y the amendment as it now stands. 

Mr. PEPFER. I think my ami-ndinent would improve it very 
much. 

The VICE-PRESIDENT. The question is on the amendment. 

Mr. CALL. I suggest to the Senator from Mississippi to strike 
out the word " habitual." It is entirely unnecessary. 

Mr. GEORGE. I will accept the amendment to strike out 
" habitual.'' 

Mr. CALL. I move to strike out that word. 

The VICE-PRESIDENT. The amendment proposed by the 
Senator from Florida will be stated. 

The Chief Clekk. In line .">. of the proposed section >*, it is 
proposed to strike out the word " habitual;" so as to read: 

Continuing In the employment of such carrier after the tinlawful use of 
such locomotive, car, or train, etc. 

The amendment to the amendment was agreed to. 

Mr PEFFER. I move to in.sert the word " the "' before " im- 
lawful." 

Mr. GEORGE. That is right. 

The VICE-PRESIDENT. The amendment will te so modified. 
The question is on the amendment as modified. 

Mr. GRAY. I call for the yeas and nays on that amendment. 

The yeas and nays were ordered. 

Mr. CULLOM. As I understand, this vote is upon the ques- 
tion of agreeing to the amendment ofTored by the Senator from 
Mississippi [Mr. GnOItCE] as amended. 

The VICE-PRESIDENT. That is the question? 

Mr. WHITE. I wish to make a very brief statement, if it bo 
in order. 

I entirely agree with the constitutional view expressed by the 
Senator from Delaware [Mr.GR.w], but I do not think that con- 
stitutional view will ()|)eratc to prevent me from voting for the 
amendment, b^^causc if there be a class of contriicts which, under 
the Constitution, is not brought within the purview of this sec- 
tion by the operation of this in-opo.sed law and the Constitution 
upon which it rests, then this proposed law will not afTcct that 
class of contracts: but if there be a class of contracts which it is 
within our constitutional power to legislate in reference to, then 
I think the iirovision will be a wise one, and the legislation will 
be valid to the extent of its constitutionality, and necessarily In- 
valid wherever it extends beyond the limits of the Const itniion. 

Mr. HOAR. I ask that the amendment may be again rr-nd. 

The VICE-PRKSIDIONT. The amendment will te again read 
at the request of the Senator from MassachusotU. 



1482 



CONGRESSIONAL RECORD— SENATE. 



Febeuaey 11, 



Tho Chief Clerk. It is proposed to insert as a new section 
the following: 

Sec 8 Tliatany employs onmy such common carrier who may be injured 
bv any locomotive, car, or train in use contrary to the provisions ol this act, 
shall not be deemed thereby to have assumed the risk thereby occasioned. 
alth..u"li continuing in the emiiloyment of such carrier after the unlawful 
use of suchlocomottve, car, or train had been brought to his knowledge. 

Mr. HISCOCK. I should like to inquire of the Senator from 
Louisiana if it is clear now whether, under the language which 
he has employed, tho amendment would not cover accidents 
which were not due to the failure of the railroad companies, or 
of tho common carriers to comply with tho provisions of the act y 
I wisli to inquii-e whether he intends to carry it beyond that? 

Mr. WHITE. I think the words "thereby occasioned "en- 
tirely cover the question the Senator asks. It now provides 
that'any employe who shall suffer damage after continuing in 

the employment, the damage being occasioned by the use 

' Mr. HISCOCK. Tho amendment does not so read. 

Mr. WHITE. Lot tho amendment be reported. It is sub- 
stantially the same language. 

The VICE-PRESIDENT. The amendment will be again re- 
portad. 

The Chief Clerk again read the amendment. 

The Secretary proceeded to call the roll. 

Mr. CAMDEN (when his name was called). I have a general 
pair with the Senator from South Dakota [Mr. Pettigrew], but 
1 understand if he were hoi-c he would vote '• nay,'' and I there- 
fore vote "nay." 

Mr. HISCOCK (when the name of Mr. HiGGINS was called). 
Tho Senator from Delaware [Mr. HiGGlNS] is absent, and I am 
paired with him. . 

Mr. HUNTON (when his name was called). I am paired with 
the Senator from Connecticut [Mr. Platt]. 1 donot know how 
he would vote if he were here, and I withhold my vote. 

Mr. Mcpherson (when his name was called). I am paired 
generally with the Senator from Delaware [Mr. HlGGlNSj.whom 
I do not see in his seat. I therefore withhold my vote. 

Mr. HISCOCK. Did the Senator from New .lersey announce 
a iiair with the Senator from Delaware [Mr. Higgins]? 

Mr. Mcpherson. I have a general pair with tho Senator 
from Delaware. 

Mr. HISCOCK. I think the Senator from Delaware found 
that possibly the Senator from New Jersey and he might agree 
in ri'spoct to the vote upon this bill. 

Mr. Mcpherson, is the senator from Delaware paired with 
anv other Senator? 

Mr. HISCOCK. He asked me to pair with him. 

Mr. Mcpherson. Then I vote "yea." 

Mr. RANSOM (when his name was called). I have a general 
pair with the Senator from Maine [Mr. Hale], wlio is engaged 
in the Committfo on Appropriations. I shall not vote, as 1 do 
not know how he would vote if present. 

Mr. TELLER (when his name was called). I am paired with 
the Senator from Oregon [Mr. Mitcuell], who is detained from 
the C;hamber by sickness in his family. I am informed tliat if 
he wore present he would vote as I do on this question, and 
thcTofore I vote " yea." 

iMr. TELLER (when Mr. Wolcott'S name was called). My 
colleague [Mr. Wolcott] i.s paired with the Senator from Mis- 
souri ["Mr. Vest]. I do not know how either of them would vote 
on this question, if present. 

Tho roll call was concluded. 

Mr. H AWLE Y. I had arranged a general pair with the Sena- 
tor from Missouri [Mr. Ve.ST], but on this question we are on the 
same side. So I feel at liberty to vote, and I vote "yea." 

Mr. BLACKBURN (after having voted in the afBrmative). 
Has the Senator from Nebraska [Mr. Manderson] voted? 

The VICE-PRESIDENT. He is not recorded. 

Mr. BLACKBURN. I am paired with the Senator from Ne- 
braska, and as he has not voted I ask to withdraw my vote. 

Mr. CULLOM. I think if the Senator from Nebraska was 
here he would vote "yea." 

Mr. BLACKBURN. On that assurance I will let my vote 
stand. 

Mr. QUAY. I am paired generally with the Senator from 
West Virginia [Mr. Faulkner]. Not knowing how he would 
vote if present, I withhold my vote. 

Mr. POWER (after having voted in the affirmative). I wish 
to withdraw my vote. I am paired with my colleague [Mr. San- 
DE3;.s] on this question. 

I\]r. PASCO. I have been i-equested by the Senator from 
South Carolina [Mv. Butler] to announce that he is paired with 
the Senator from Pennsylvania [Mr. Cameron]. The Senator 
from South Cai-olina has been tmavoidably called from the Cham- 
ber. 



The result was announced — yeas -42, nays 7; as follows: 









YEAS-^:;. 




Bate, 




Dubois, 


Kyle, 


Stewart, 


Berrv, 




Fellon, 


McMillan, 


Stockbridge, 


Blackbm-n, . 


Frye. 


McPherson. 


TeUer, 


Call. 


X 


Gallinger, 


Mills, 


Turpie, 


Chandler, 


<D 


George, 


Morrill, 


Vance. 


Coke, 


"O 


Hansbrougli. 


Peffer, 


VUas. 


CiiUom, 




Harris, 


Perkins, 


Voorhees 


Daniel, 


.^Z 


Hawley, 


Proctor 


Washburn. 


Davis, 


to 


Hoar, 


Pugh. 


White. 


Dawes, 


Jones. Arlj. 


Sherman. 




Dolph, 


Jones, Nev. 


Squire, 










NAYS-7. 




Blodgett, 


o 


Caffery, 


Gray, 


Sawyer, 


Brico, 


ai 


Camden. 


Morgan, 






lo' 


NOT VOTING— 38. 




Aldrich. 


=3 

to 


Faulkner, 


Mander.son, 


Sanders, 


Allen, 


Gibson, 


Mitchell, 


Shoup, 


Allison, 


I- 


Gordon, 


Paddock, 


Stantord, 


Buller, 


o 


Gorman, 


Palmer, 


Vest. 


Cameron. 


Lx. 


Hale. 


Pasco, 


WalthaU, 


Cai-ey, 




Higgins, 


Pettigrew, 


Wan-en, 


C^asey. 




Hill, 


Plait, 


Wilson, 


Cockrell, 




Hiscock, 


Power. 


Wolcott. 


Cokiultl. 




Hunton, 


Quay. 




Dixon, 




ii-by, 


Eansom. 





So the amendment to the amendment was agreed to. 
Mr. GEORGE. I otTer an amendment which has been printed, 
and is the same as the printed amendment except that the last 
claus-^ is stricken out, and in line 4 of the first section the word 
"bjtween" is stricken out before the word "State" and tlie 
word "among" inserted. I simply desire to make one single 
remark. 
Mr. HARRIS. Let the amendment be first read. 
Tho VICE-PRESIDENT. The amendment will be read. 
Tlie Chief Clerk. It is proposed to add as a new section- 
That any sailor or other servant or .■niplovi- employed in navigating any 
sliip, steamboat, or other vessel engaged in commerce between the Unllec; 
Stat.-s and any rorclpn country, or in comnuTce among the Siat»_-s. and any 
employf or servant of anv person or company engaged In carrying passen- 
gers or-property bv railway transportation through the whole or a part of 
two or more Stales, or b-tween the United States ;ind any foreign country, 
such servant or emiiloyi'' being employed In such business for such i)ersou 
or c.jmpany, shall bo eiititled to recover from his employer or master dam- 
ages for any Injury he may sustain in such employment through tlie care- 
less negligent, or "nnskiUful act or omission of his employer or master, or 
throif'h tile careless, negligent, or unskillful act or omission t)f his fellow 
servant engaged on the same service: j'rariihil, That the master or mate 
of any vessel, or the directors, president , vice-president, or superintendent 
of a railroad company, or any officer or agent or employ^ of such railroad 
company, or of the owners of such vessel, who has the power to employ or 
discharge the cmplovf or ser\-ani by whose act or omission an Injury may 
be caused shall not." if injured by such actor omission, be entitled to the 
benefit of the pro\-islons of this act. 

That no rule or regulation of such employer or master or company and no 
agreement between him or it and any servant or employ^ shall exempt said 
einplover, master, or comiianv from the full liability imposed by this act. 
but every such rule, regulation, or agreement as to the persons piotected by 
this act be, and the same Ls hereby, declared null and void. 

Mr. GEORGE. I desire simply to make a few remarks in ex- 
planation of the amendment. 

In the first place, I will say that it is modeled substantially 
on the provision of the statute of the State of Wisconsin so far 
as it relates to railroad employcSs. 

Mr. DOLPH. Will the Senator from Mississippi allow me to 
ask him a question? 

Mr. GEORGE. T hope the Senator will wait until I get through 
with the short statement I am going to make. 

Mr. DOLPH. Very well. 

Ml'. GEORGE. This amendment is substantially the provi- 
sion of the statute of the State of Wisconsin. A rule has grown 
Uj) based on feudal reasons, entirely inconsistent with the pres- 
ent civilization of tho age, which makes every employ^ of arail- 
road company the guarantor of tho fidelity and skill of his co- 
employe. That rule has, I admit, been very much rela-^ced by 
the courts on account of its manifest injustice. There are dif- 
ferences of opinion in the courts as to how far the relaxation 
should go. , . , 

The manifest justice of the amendment arises from the single 
consideration that no omploycS unless those excepted from the 
operation of this act, has any voice in the selection of his cofm- 
ployo. He has no power to discharge him; he has no control 
over him, and the persons having control are exempted. Ithink. 
in accordance with the statute of Wisconsin, and I believe a simi- 
lar statute in Georgia and a similar provision in the constitution 
of Mississippi, that these laborers, who have no voice whatever 
in the selection nor in the disohai-ge of theii- coemployes, sliould 
not be made guarantors for theii- skill and for their fidelity. 
That disposes of the first clause. 

The second clause is intended to prevent the employes of these 
companies from being forced as a condition of employment into 
waiving tho benefits of this act by signing a contract to that 
effect. 



18^3. 



CONGRESSIONAL RECOllD— SENATE. 



1485 



taken out of the bill, and the bill will be in danger of failing it 
the amendment remains. I hope my colleague on the committee 
will consent to the reconsideration of the vote, and then that the 
appropriation be stricken from the amendment which he offered. 

Mr. GORMAN. I am very sorry that I can not consent to the 
request of the Senator. I think the appropriation ought to re- 
main in the bill. I should prefer a much larger amount, as I 
think more will be required. 

Mr. CULLOM. I do not think so. 

The VICE-PRESIDENT. The question is, Shall the vote by 
which the bill was ordered lo a third reading be reconsidered? 

The motion to reconsider was agreed to. 

The VICE-PRESIDENT. It will be necessary also, the Chair 
suggests, to reconsider the vote by which the amendment made 
as in Committee of the Whole was concurred in. 

Mr. HOAR. I understand that the amendment was inserted 
in committee on a motion to amend the bill. 

The VICE-PRESIDENT. The amendment has been concurred 
in in the Senate. 

Mr. HOAR. Then, I move to reconsider the vote by which 
the amendment made as in Committee of the Whole was con- 
cui-red in in the Senate. 

The VICE-PRESIDENT. The question is on the motion made 
by the Senator from Massachusetts. 

The motion was agreed to. 

Mr. HOAR. I now move to lay the amendment of the Sen- 
ator from Maryland to the amendment of the committee on the 
table. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. At the end of section 5 it is proposed to 
insert: 

And to enable the said Commission to perform the duties imposed upon 
them by this act, there is hereby appropriated out of any money iu the 
Treasury not otherwise appropriated, the sum of $3.0J(), or so much thereof 
as may be necessary. 

Mr. HOAR. I move to lay that amendment on the table. 

Mr. GORMAN. I ask for the yeas and nays on that motion. 

Mr. HOAR. I understand the President of the Senate to 
have stated that the motion concurring in the amendment in 
the Senate having been reconsidered, the question now is upon 
the Senate concurring in the amendment separate from the 
other amendment. 

The VICE-PRESIDENT. It is not a separate amendment; it 
is an amendment as amended. 

Mr. HOAR. Very well; then I will movo to strike out the 
amendment adopted on the motion of the Senator from Mary- 
land. 

Mr. HARRIS. What is the exact parliamentary status of the 
question now? I was absent from the Chamber a moment, and 
therefore do not know. 

The VICE-PRESIDENT. The Chair understands the Senator 
from Massachusetts desires to have stricken out the words which 
have been read by the Chief Clerk. 

Mr. HARRIS. ~ The Senate, as I understand, has proceeded 
to the point of the question. Shall the bill pass; that is, the bill 
had been ordered to a third reading, and road the third time. 
Now, upon the motion of the Senator fi'om Massachusetts, the 
votes by which the bill was ordered to a third reading, and read 
thethirdtime, have been considered. The nextthing, asitsecms 
to me, if thfe Senator desires to get at the practical method, is 
he must move to reconsider the vote by which the Senate agreed 
to the amendment made in Committee of the Whole. 

The VICE-PRESIDENT. That motion has been made and 
carried. 

Mr. HARRIS. Then it was done while I was absent from the 
Chamber. I beg pardon of the Chair and tho Senate. 

The VICE-PRESIDENT. The question is on striking out the 
words which have been read. 

Mr. HOAR. As I understand, the whole matter before the 
Senate is the bill, which is in the shape of an amendment. 

The VICE-PRESIDENT. The entire bill. 

Mr. HOAR. From that I move to strike out the words which 
have been read. 

Mr. DOLPH. I rise to a point of order. 

The VICE-PRESIDENT. The Senator will state his point of 
Older. 

Mr, DOLPH. Tho Senateamendmont was perfected. Among 
one of the amendments which were perfected was the amendment 
which it is sought to get rid of now. Will it not require that 
the vote of the Senate adopting the Senate amendment as it was 
perfected, in lieu of the bill as it came fi'om the House, be first 
reconsidered? 

Then is a motion in ordor to strike out an amendment adopted 
as in Committee of the Whole? Must not the vote be recon- 
sidered by which the Senate substitute was adopted, and then 
the vote he rt:eonsidered by which the amendment of the Sena- 
tor from J^Iaryland was adopted? 



The VICE-PRESIDENT. That vote has Iwen reconsidered. 

Mr. DOLPH. The vote by which the amendment made as in 
Committee of the Whole was adopted? 

Tlie VICE-PRESIDENT. So tho Chair understands. 

Mr. HARRIS. I suggest to the Senator from Oregon that that 
IS the exact question which I presented. Tho Chair answered 
that tho vote by which tho amendment made in Comiuitteo of 
the Whole had been concurred in was roconsidercd. 

Mr. DOLPH. But not on the question o( concurring in tho 
Senate in the amtndment ma lo as in Coramitloo of tho Whole; 
but it adopted the amendmentof the S.-nator from Maryland and 
substituted the Senate amendment for the bill as it came from 
the House. Before you can gjt at the amendment of the Sen- 
ator from Maryland the voto by which tho Senate amendment 
was substituted for tho bill as it ca-ne from iho House must be 
reconsidered, and then a motion to strike out will not b.^ in 
o:der, but a motion to reconsider the voto by which the amend- 
ment of tho Seiuitor from Maryland was adopted will be in 
order. 

Mr. HOAR. If I may bo permitted to make ono suggestion to 
the Chair, tho Committee of tho Whole of the Senate has par- 
liamentarily no better in the Senate than any standingorspccial 
coiuuiittee of tho .Senate. When it reports a bill to the Senate, 
although the committee consists of the whole Senate, its report, 
whether in tho nature of a proposed am 'ndment to a bill a.s it 
comes from tho IIouso or in the nature of a proposed amendment 
to a Senate bill, is still but the report of a committo.'. 

A House bill came over hero, and in Committee of the Whole 
of tho Senate there was a substitute offered to tho Housi: bill 
which had been reported by the committee of which my friend 
from Illinois I Mr. CullomJ is chairman. That substitute was 
perfected in Committee of tho Whole. Then it was reported to 
the Senate as ono proposed amendment. 

Mr. DOLPH. And was adopted. 

Ml-. HOAR. It was adopted as in Committee of the Whole, and 
then it was adopted in the Senate. Then tho bill passed to a third 
reading. Now, tho Senate has reconsidered, tirst, the passage 
to a third reading, and next the vote concurring in that amend- 
ment reported by the Committee of the Whole, and has voted 
to reconsider it. The question now before the Senate is, Will tho 
Senata adopt the amendment by way of a substitute as perfected 
in Committee of Ihj Whole? That question lioing pending, I 
move to amend tho proposed amendment 1>y striking out certain 
language, which has been read, and that is tho question now 
before the Senate. 

The VICP:-PRESIDENT. The question is on striking out 
the words which have been read. 

Mr. GORMAN. What words are they? 

The VICE-PRESIDKNT. The words proposed to be stricken 
out will be reported. 

The Chief Clekk. At the end of section 5 it is proposed to 
strike out: 

Aud in order to enable said Commission tapsrforra the duties Iraijosed 
upon them by this act, there is hereby appropvfated out of any money in the 
Treasury not otherwise appropriated, the sum of $:J,0-JJ, or so much thereof 
as may l>e necessary. 

Mr. GORMAN. On that I demand th" yeas and nays. 

The yeas and nays were ordered; and the Secretary proceeded 
to call the roll. 

Mr. QUAY ^ when Mr. Cameron's name was called). I desire 
to announce that upon this bill and on tho amendments generally 
my colleague [Mr. CameronI is paired with tho Senator from 
South Carolina |Mr. Uuti-erJ. 

Mr. HUNTON (when his namj was called). I am paired on 
this question with the Senator from Connecticut [Mr. Platt]. 
If he were present I should voto " nay.'' 

Mr. .lONES of Arkansas (when his name was called). I am 
paired with tho Senator from South Carolina [Mr. Irby[. If ho 
weve present I should vote "nay."' 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey], but after consult- 
ing with his colleague I learn that his views and mine are tho 
same, and therefore I feel at liberty to vota on this amend- 
ment and on the bill when it comes to the question of its linal 
passaee. I vote "yea." 

Mr.^ POWER (when his name was called). I am paired with 
my colleague [Mr. S.\NDERS]on this question. 

Mr. QUAY (when his name was called). I am paired with tho 
Senator from West Vii-giuia (Mr. Faulkner]. 

The roll call was concluded. 

Mr. CAMDEN. I announce my pair with the Senator from 
South Dakota [Mr. Pettiorew], who is absent. 

The result was announced— yeas .39, nays U; as follows: 
YEAS— 39. 

Dolph, 

Dubois, 

Fi-Iton, 



Allison, 
Bute, 
Berry, 
Caffery, 



Call, 


CoUe, 


Carey, 


Cullom 


Chandler, 


Davis, 


Cockrell, 


Uawes, 



Frye, 



1486 



CONGRESSIONAL RECORD— SENATE. 



Febeuaey 11, 



Gallluger. 
Hansbrough, 
Hawloy, 
Hoar. 

Joiii'.s, Ncv.J; 
Kyiv, ^ 



McPherson, 

Morrill. 

Palmer, 

Pasco, 

Peffer, 

Perkins. 



Proctor, 

Pugli. 

Sawyer, 

Sherman, 

Squire, 

Stockbridga, 



Tm-ple, 

Vilas, 
Voorliees, 
Washburn, 
White. 



NAYS— 11. 
Harris, 
McMillan, 
Morgan, 



Stflwan, 
Vance. 



Stanford, 

Teller, 

Vest, 

Walthall, 

Warren. 

Wllsou. 

Wolcott. 



Blotliiett, George, 

)!ri< c. *^ Gorman, 

Daniel, ^ Gray, 

NOT VOTING-37. 

Altlrlch. "o Gibson, Mills, 

Allen, oi Gordon, Mitchell, 

ninckburn-, — , Hale, Paddock,' 

Butitr, -^ Higging, Pettigrew, 

Camlen. ^ Hill, Piatt, 

Cam-n-on. '^ Hiscock, Power, 

Cai-i-v. ;_ Hunton, Quay, 

Colquitt, o Ifby. Ransom, 

DiX' 'U, Li_ Jones, Ark. Sanders, 

FauTuner. Mauderson, Shoup. 

So tlio motion to strike out was agreed to. 
The VICE-PRESIDENT. The question recurs on concurring 
iu the amendment made as in Committee of the Whole as 
amended. 
The amendment was concurred in. 

The amendment was ordered to he engrossed, and the bill to 
be real a third time. 
The bill was read the third time. 

T.i- VICE-PRESIDENT. The question is, Shall the bill 
pa.s.s :" . 

Mr. BLODGETT. On that question I ask for the yeas and 
uaj's. 

The yeas and nays were ordered, and the Secretary proceeded 
to c.Ul the roll. 

Mr. BATE (when his name was called). I have a general 
pair with the Senator from Washington [Mr. Allen]. I (;an 
not ascertain on consultation with his colleague how he would 
vote. I do not know his views on the bill. I will therefore 
withhold my vote, but were the Senator from Washington here 
I should vote for the bill. 

Mr. PASCO (when Mr. Butler's name was called). The 
Senator from South Carolina [Mr. Butler] was called from the 
Ch iniber, and desired me to announce his pair with the Sena- 
tor from Pennsylvania [Mr. Cameron]. 

Mr. CAMDEisr (when his name was called). I am paired with 
the Senator from South Dakota [Mr. PettigREW]. 

M ■. GALLING ER (when his name was called). I have a gen- 
eral pair with the junior Senator from Texas [Mr. Mills]; but 
his colleague informs mo that he would probably support the 
bill, and therefore I vote "yea." 

Mr. HAWLEY (when his name was called). I have a gen- 
eral pair with the Senator from Missouri [Mr. Vest], but we 
found ourselves in accord on the bill, and so I have arranged to 
transfer the pair to the Senator from Colorado [Mr. Wolcott]. 
I vote " yea." 

Mr. HISCOCK (when his name was called). On this question 
I am paired with the Senator from Delaware [Mr. HiGGlNS]. 
If present he would vote '"yea" and I should vote "nay." 

Mr. .lONES of Arkan.sas (when his name was called). I am 
paired with the Senator from South Carolina [Mr. Irby]. If he 
were present he would vote "yea'' and I should vote ''nay." 

Mr. PERKINS (when his name was called). I am paired with 
the Senator from California [Mr. Stanford], but I am informed 
by the Senator from Colorado [Mr. Teller] that he is paired 
w'ith the Senator from Oregon [Mr. Mitchell], and that the 
Senator from Oregon would vote for the bill, if present. For 
that, reason I transfer my pair with the Senator from California to 
the Senator from Oregon and vote ''yea." 

Mr. POWER (when his name was called). I am paired with 
my colleague [Mr. Sandeks] on this question. 

Mr. QUAY (when his name was called). I again announce my 
pair with the Senator from West Virginia [Mr. Faulkner]. I- 
do not know how he would vote on this question: but if he were 
pres.mt, I should voti "yea." 

I\Ir. STOCKBRIDGElwhenhisname wascallcd). I am paired 
on this question with the Senator from Maryland [Mr. GIBSON]. 
I should vote "yea" if I were not paired. 

I.Ir. GEORGE (when Mr. Walthall's name was called). My 
colleague [Mr. Walthall] is detained from the Senate by in- 
dis-osUioa. He is paired with the Senator from Rhode Island 
[Mr. Dixon-]. 

Mr. CAREY (when Mr. Warren's name was called). My col- 
league [Mr. Wakren] is paired with the Senator from Georgia 
[Mr. Gordon]. 
The roll call was concluded. 

Mr. DANIEL. I desii-e to announce that my colleague [Mr. 
Hunton] is paired with the Senator from Connecticut [Mr. 
Platt]. 



The result was announced — yeas 39, nays 10, as follows: 
yeas— 39 



Allison, 


Dawes, 


Jones, Nev. 


Pugh, 


Berry, 


Dolph, 


Kvle, 


Sherman, 


Callery, 


Dubois, 


McMillan, 


Squire, 


Call. 


Folton, 


McPherson, 


Teller, 


Carey. 


Frye, 
Galllnger, 


Morrill, 


Turpie. 


Chandler, 


Palmer, 


Vilas. 


Cockrell, 


. Gray, 


Pasco, 


Voorhees, 


Coke, 


>< Hansbrough, 


PeSer, 


Washburn, 


CuUom, 


d) Hawley, 


Perkins, 


White, 


Davis, 


"O Hoar, 


Proctor. 






C 


NAYS-10. 




Blodgett, 


~~' George, 


Morgan, 


Vance. 


Urice. 


(D Gorman, 


.Sawyer, 




Daniel, 


^Harris. 


Stewart, 






NOT VOTlNG-38. 




Aldrlch, 


-•riPaulkner. 


Manderson, 


.Shoup, 


Allen, 


^ Jibson, 


Mills, 


Stanford, 


Bate. 


.2Eordon, 


Mitchell, 


Stockbrldge 


Blackburn, 


.Sale. 


Paddock, 


Vest, 


Bmler, 


:3Ii.?glns, 


Pettigrew, 


Walthall, 


Camden, 


t/Hill. 


Platt, 


Warren, 


Cameron, 


■ Hiscock, 


Power, 


Wilson, 


Casey, 
Colquitt, 


jBuuton, 
1 Tlrby, 
•-^ones. Ark, 


Quay, 
Ransom, 


Wolcott. 


Dixon, 


Sanders, 





So the bill was passed. 

Mr. CULLOM. I move that the Senate ask for a conference 
with the House of Representatives on the bill and amendments. 

The motion was agreed to. 

By unanimous consent, the Vice-President was authorized to 
appoint the conferees on the part of the Senate; and Mr. CuL- 
LOM, Mr. Wilson, and Mr. Harris were appointed. 

MARITIME CANAL COMPANY OF NICARAGUA. 

Mr. SHERMAN. I move that the Senate proceed to the con- 
sideration of 'the bill (S. 1218) to amend the act entitled "An act 
to incorporate the Maritime Canal Company of Nicaragua," ap- 
proved February 20, 188!). 

The VICE-PRESIDENT. The question Ls on the motion of 
the Senator from Ohio that the Senate proceed to the considera- 
tion of the bill named by him. 
Mr. DANIEL. I object. 

Mr. SHERMAN. It is notsubject to objection; it is a motion 
to take up a bill. 

Mr. DANIEL. Then I call for the yeas and nays on the mo- 
tion. 

The yeas and nays were ordered; and the Secretary proceeded 
to call the roll. 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey]. Not knowing how 
he would vote on this question, I withhold my vote. 

Mr. QUAY (when his name was called). I am paired with the 
Senator from West Virginia [Mr. Faulkner], and withhold my 
vote. 

Mr. RANSOM (when his name was called). I have general a 
pair with the Senator from Maine [Mr. Hale]. I have no idea 
how he would vote upon this matter. 
Mr. FRYE. He would vote "aye.'' 
Mr. RANSOM. Then I vote "yea." 
The roll call was concluded. 

Mr. HAWLEY^ (after having voted in the affirmative). I 
voted inadvertently. I am paired with the Senator from Mis- 
souri [Mr. Vest]. Supposing him to be against the'bill, I with- 
draw my vote. 

Mr. C0CKRP:LL. I suggest that the Senator from Connec- 
ticut transfer his pair with my colleague to the Senator from 
Maine [Mr. Hale], with whom I am paired, and then he and 
I can both vote. 

Mr. HAWLEY. That is quite right. I shall let my vote 
.stand under that arrangement. 

Mr. COCKRELL. Then my colleague will stand paired with 
the Senator from Maine [Mr. HaleJ. 
Mr. FRYE. That is right. 

Mr. COCKRELL. The Senator from Maine [Mr. Hale] 
would vote "yea" if present, and my colleague would vote "nay.'' 
The result was announced— yeas 3:3, nays lii; as follows. 
Y-EA&-33. 
Allison. 
Brice. 
Carey, 
Chandler, 
Cullom, 
Dawes. 
Dolph, 
Dubois, 
Felton, 



Bate, • 

Berry, 

Blodgett, 

Caffery, 

Call, 



Frye, 


McMillan, 


Squire, 


Ga'lliuger, 


McPherson, 


Stockbridge,- 


Gorman. 


Morgan, 


Teller, 


Hansbrough, 


MorrilU 


Vance, 


Hawley, 


Perkins, 


Washburn, 


Hiscock, 


Proctor, 


Whit«, 


Hoar, 


Ransom, 




Jones, Nev. 


Sawj'er. 




Kyle, 


Sherman, 
NAYS— 19. 




Cockrell. 


Jones, Ark. 


Pugh. 


Coke. 


Mills. 


Turpie, 


Daniel, 


Palmer, 


Vilas, 


George. 


Peffer, 


Voorhees. 



For m]m see \IWl 



1893. 



CONGRESSIONAL RECORD— HOUSE. 



1487 





NOT 


VOTING— 35. 




Aldricli, 


Dixou. 


Irby. 


Shoup, 


Allen. 


Faulkner. 


Manderson, 


Stanford, 


Blackburn. 


Gibson. 


mtcheU, 


Stewart, 


Butlrr. 


Gordon, 


Paddock, 


Vest. 


Camdtu, 


Grar. 


Pasco, 


WalthaU, 


Cameron, 


Hale. 


Pettlgrew, 


Warren, 


Casey. 


Higgins. 


Piatt, 


Wilson, 


Colquitt, 


HUl. 


Quay, 


Wolcott. 


Davis, 


Hunton. 


Sanders. 





So the motion was agreed to; and the Senate, as in Committee of 
the Whole, proceeded to consider the bill (S. 1218) to amend the 
act entitled ''An act to incorporate the Maritime Canal Com- 
pany of Nicaragua,'" approved February 20, 1889. 

Mr. TELLER. Mr. President, I wish to state that I voted to 
take up the Nicaragua Canal bill because I thought it was a bill 
of considerable importance and because I knew that the distin- 
guished Senator from Alabama [Mr. Morgan] would be com- 
pelled to go away very soon, and desired to submit some remarks 
on the bill but did not wish to do so unless it was before the 
Senate. In voting- to take up the bill I do not desu-e it to bo 
understood that I am committed to support it. for, as it now 
stands, I shall not be able to do so. 

Mr. SHERMAN. I understand the Senator from Maine [Mr. 
Frye] will probably desire to address the Senate on Monday 
upon the bill. Therefore, I ask that the bill be read this even- 
ing, so that it will not be in his way. Let the bill be read in full 
in a formal way, and then, so far as I am concerned, I shall be 
very willing that the Senate adjourn, the Senator from Maine 
being- entitled to the floor. 

The PRESIDING OFFICER. The Secretary will read the 
bill. 

The Secretary read the bill, 

EXECUTIVE SESSION. 

Mr. HOAR. I move that the Senate proceed to the consider- 
ation of executive business. 

The motion was agreed to; and the Senate proceeded to the 
consideration of executive business. After five minutes spent 
in executive session the doors were reopened and (at 5 o'clock 
and ti minutes p. m.) the Senate adjourned until Monday, Feb- 
ruary 13, 1893, at 11 o'clock a. m. 



NOMINATIONS. 
Executive nominations received by the Senate, February 11, 1S93. 

appointment in the army. 
James A. Finley. late captain and assistant surgeon, to be 
captain and assistant surgeon, to rank from November 10, 1879. 

JUDGES OF PROBATE. 

.loseph Barton, of Utah Territory, to be judge of probate in 
the county of San Juan, in the Territory of Utah, as provided by 
section 19, chapter 397, volume 24, laws 1887, United States Stat- 
utes at Large. 

David Cameron, of UUh Territory, to be judge of probate 
iu the county of Garfield, in the Territoi-y of Utah, vice William 
O. Orton, whose term expired December 23, 1892. 

Joseph D. .Jones, of Utah Territory, to be judge of probate in 
the county of Utah, in the Territory of Utah; his term will ex- 
pire February 20, 1893. 

agent, 

George H. Shields, of Missouri, to be agent of the United 
States under the treaty for a claims commission concluded be- 
tween the United States and Chile, August 7, 1892. 
arbitrator. 

John V. L. Findlay. of Maryland, to be arbitrator on the part 
of the United States under the treaty for a claims commission 
concluded between the United States and Chile, August 7, 1892. 
secretary. 

Arthur W. Fergusson, of the District of Columbia, to be sec- 
retary on the part of the United States under the treaty for a 
claims commission concluded between the United States and 
Chile, August 7, 1892. 

CONFIRMATIONS. 

Executive nominations confirmed by the Senate February 10, 1S9S. 

commissioner of labor. 

Carroll D. Wright, of Massachusetts, to be Commissioner of 

Labor. 

Executive nomination confirmed by the Senate February 11, 1893. 

captain and assistant surgeon in the army., 
James A. Finley. late captain and assistant surgeon, to be cap- 
tain and assistant surgeon in the Army, to rank from November 
10, 1879. 



HOUSE OF EEPRESENTATIVES. 
SatueDAY, Febniary 11, 1S93. 

The House mot at 11 o'clock a. m., and was called to order by 
the Speaker. Prayer by the Chaplain, Rev. W. H. MlLBURN, 
D. D. 

The Journal of the proceedings of yesterday was read and ap- 
proved. 

correction of an executive COXDrUNICATION. 

The SPEAKER laid before the House a letter from the See- 
rotary of the Treasury, stating that through inadvertence a • -;■ 
olution of the Charal)er of Commerce of Pittsburg, Pa., wa'^ in- 
cluded in the list of communications received by him, a.-»kiut; 
the repeal of the silver law, transmitted to the House on the ',tth 
instant. 

The SPEAKER. This communication will be referred to the 
Committee on Banking and Curroncv, and printed. 

Mr. TAYLOR of fllinois. Mr. Speaker. I understand the ( 'hair 
to refer that communication to the Committee on Banking and 
Currency, and I understand it relates to the repeal of the silvei' 
act. I think that reference is incorrect. 

Mr. DINGLEY. It is simply to correct an error in a previous 
communication. 

Mr. TAYLOR of Illinois. The Committee on Banking and 
Currency has no jurisdiction over the silver question, and 1th ink 
that the reference should bo to the Committee on Coinage. 
Weights, and Measures. 

The SPEAKER. The Chaii- will state to the gentleman from 
Illinois [Mr. Taylor] that on yesterday there was a rcsponao 
by the Secretary of the Treasury to a resolution of the House, 
reported from the Committee on Hanking and Currency, intro- 
duced by the gentleman from South Dakota [Mr. Picklkr], re- 
porting the number of banks, bankers, and corporations, etc., 
that had petitioned for the repeal of the Sherman law. That 
communication was seat to the Committee on Banking and Cur- 
rency, which had reported the resolution. This simply calls at- 
tention to the fact that one commuuication was erroneously ti-ans- 
mitted, as the Chair understands it. 

Mr. PICKLER. I ask that both of the communications bo 
printed in the Record, as they are short, in order that the 
House may have tlie information. The Secretary has furnished 
it, and if it is to go to the committee I know of no way to get it 
before the House. 

The SPEAKER. The gentleman from South DakoU [Mr. 
Pickler] asks that the communications be printed in the Re- 
coed. 

Mr.-DINGLEY. Was not the original communication printed 
when it came from the Secretary of the Treasury? 

The SPEAKER. It was printed as a document in the usual 
form, and this letter will be printed iiv the same way. 

Mr. RICHARDSON. It is not usual to print these doctiments 
in the RECORD. They are printed as documents, and I object to 
duplicating them in the i^ECORD. Any member who desires can 
get a copy of the printed document. 

Jlr. PICKLER. I understand the document will bo printed 
in the usual form. 

The SPEAKER. As all executive communications are, yes. 

Mr. PICKLER. My request is that it be printed in the Rec- 
ord also. 

Mr. RICHARDSON. It will bj printed as a miscellaneous 
document, and will be accessible to any member: and therefore 
I object to printing it in the Record. 

CONTRACTS FOR CARRYING THE 3IAIL. 
The SPEAKER laid before the House a letter from the Post- 
master-General, transmitting a report of all contracts for carry- 
ing the mail made during the fiscal year ending June 30, 1802; 
which was referred to the Committee on Expenditures in the 
Post-Office Department. 

COASTWISE NAVIGATION. 

The SPEAKER laid before the House the bill (S. 3510) to 
amend section 4347 of the Revised Statutes of the United States. 

Mr. DINGLEY. Mr. Speaker, inasmuch as a bill identical 
with that has been unanimously reported by the Committee on 
Commerce, I ask unanimous consent that it may be considered 
at the present time. ... 

The SPEAKER. The Clerk will report the bill, after which 
the Chair will ask if there be objection to its consideration. 

The bill was read, as follows: 

Be il enacted, etc.. That section 1317 of the Revised Statutes of the United 
States be amended liy inscnlnR n"— '>■" "■■•■■< ■■...".,- i., i,n,. i ii... i..i- 
lowing words : ".\u(l the iransin ; : 

or vessels from one port of the I • 

Stales via any foreign port shall u v.^,. '■ 

vision." 



1488 



CONGRESSIONAL EECORD— HOUSE. 



February 11, 



Mr. DINGLEY. Mr. Speaker, this simply amends tile statute 
to carry out its intent, and is unanimously recommended by the 
Committee on Commerce and by the Secretary of the Treasury. 
There has been an evasion of the statute of 1792 within a year or 
two, and an amendment is retiuirod to carry out the meaning- 
of the statute. 

The policy of the Government has been to limit the transpor- 
tation of merchandise from one port of the Unit'd States to 
another to American vessels. That has bjen tho uniform policy 
from the foundation of the Government. Within a year souij 
foreign vessels have endeavored to evade the statute by calling 
at a foreign port. For iiislance, in proceeding from New Yoi'li 
to New Orleans they might call at the port of Havana, and then 
claim that that was not a transportation from one American port 
to another. 
' Mr. COOMBS. Havana being a coastwise port. 

Mr. DINGLEY. The Secretary of the Treasury has recom- 
mended this amendment, and the Committee on Cjmmerce ha,ve 
reported an identical bill, and it is simiily to carry out the in- 
tent of the statute. 

The SPEAKER. Is there objection to the request of the gen- 
tleman from Maine [Mr. Dingley]>' 

There was no objection. 

The bill was ordered to a third reading, and was accordingly 
read the third time, and passed. 

On motion of Mr. UINGLEY, a motion to reconsider the last 
vote was laid on the t;ible. 

By unanimous consent, the corresponding House bill (H. R. 
0802) was ordered to lie on the table. 

ALLOWANCE OF CLAIMS TO CITIZEN.S OP JEFFERSON COUNTY, 

KY. 

The SPEAKER laid before the House the bill (S. 203) for the 
e-xaraination and allowance of certain awards made by the boai-d 
of claims to certain citizens of .lefferson County, Ky. 

Mr. CARUTH. Mr. Speaker, that bill is exactly similar to 
one which passed the House in the Fiftieth Congress: another 
bill of like character was favorably reported to the Fifty-first 
Congress. This bill is favorably reported to this Congress and 
is now on the Calendar. I a^k immediate consideration for the 
Senate bill. 
The bill was read at length. 
Mr. OWENS. Is there any report on that bill? 
Mr. HOOKER of New York. We better have the regular 
order. 

Mr. CARUTH. I hope the gentleman will not insist on de- 
manding the regular order. This bill passed the Fifty-firstCon- 
grcss, and is favorably reported now: and I hope the gentleman 
will withdraw his objection. This bill has been pending here 
for a number of years. 

The SPEAKER. Unless the demand is withdrawn, the bill 
will be referred. 

Mr. CARUTH. I ask unanimous consent, Mr. Speaker, that 
th;; bill may lie upon the Speaker's table for the present. 

The SPEAKER. The gentleman from Kentucky ask unani- 
mous consent that the bill lie on the Speaker's table for the pres- 
ent. 
Mr. HOOKER of New York. I have no objection to that. 
Subsequently 

Mr. CARUTH said: Mr. Speaker, the gentleman from New 
Yoik [Mr. Hooker] has consented to withdraw his objection to 
the bill for the consideration of which I asked unanimous consent 
a moment ago. 

The SPEAKER. The Chair is informed that the gentleman 
from New York [Mr. Hookek] withdraws his objection to the 
consideration of the bill requested by the gentleman from Ken- 
tucky. 
The Clerk will again report the title of the bill. 
The title was again reported. 

Mr. OWENS. Mr. Speaker, I would like to have the report 
read. 

Mr. ANTONY. I think that we had better have the regular 
order. 

Mr. CARUTH. I hope the gentleman will w;t,hdym|^hnt- 
and, if not, I hope the bill will be allowed to lie on thffTjpcaKer's 
table. 

The SPEAKER. Unanimous consent was given that it might 

lie on the table, and, without objection, the bill will lie on the 

table. 

Mr. ANTONY. I withdraw the demand for the regular order. 

Mr. BURROWS. Let us have the regular order. There is 

no use chasseing backward and forward in this way. 

order op BUSINESS. 

Mr. COBB of Missouri. I ask that the bill (S. ,5504), that is a 
concurrent bill, if not taken up, bo allowed to lie on the table. 
Mr. WATSON. I think it ought to come up in its time. 



SIIMATE BILLS REFERRED. 

The SPEAKER laid before the House the following Sonata 
bills and joint resolutions: which were severally read a tirst and 
.second time, and referred as indicated below: 

The bill (S. 'Mid) to remove the charge of desertion from the 
military record of Peter Bickley— to the Committee on Military 
Altairs; 

The bill (S. 3702) granting to the Chicago, Rook Island and Pa- 
cific Railway Company the use of certain lands at Chickasha 
Station, and for a " Y " in the Chickasaw Nation. Ind. T.— to the 
Committee on Indian Affairs; 

The bill (S, :J297) granting to the Inters I ate Water and IClecLric 
Power Company of Kansas the right to erect and maintain a 
dam across the Kansas River within Wyaidotte County, in the 
State of Kansas— to the Committee on Rivers and Ha.-bors; 

The bill (S. 707) for the relief of George H. Plant, of the Dis- 
trict of Columbia — to the Committee on Claims: 

The bill (S. 2130) for the relief of Mrs. Mary P. C. Hooper— to 
the Committee on Patents; 

The bill (S. 3165) to incorporate the Holstein-Frie-ian Cattle 
Association— to the Committee on Agriculture; 

The joint resolution (S. R. 102) to provide for the construction 
of a wharf as means of approach to the monument to be erected 
at Waketield, Va., to mark the birthplace of George Washing- 
ton—to the Committee on the Library: and 

The joint resolution (S. R. lOS) directing the appraisement of 
the library of Hubert O. Bancroft— to the Committee on the Li- 
bi-ary. 

GAINESVILLE, OKLAHOMA AND GULF RAILWAY COMPANY. 

The SPEAKER laid before the House the bill (H. R. 3027) to 
grant to the Gainesville. Oklahoma and Gulf Railway Company 
a right of way through the Indian Territory, and for other pur- 
poses, with Senate amendments. 

Mr. BAILEY. Mr. Speaker, the Senate amendments are 
purely formal, and I move to concur in them. 

The Senate amendments were road. 

The SPEAKER. The gentleman fro;n Te.xas moves to con - 
3ur in the Senate amendments. 

The question was taken, and the Senate amendments were con- 
curred in. 

On motion of Mr. BAILEY, a motion to reconsider the vote 
by which the Senate amendments were concurred in was laid 
oil the table. 

JOHN FINN. 

The SPEAKER laid before the House a bill (H. R. 5')04) per- 
mitting the withdrawal of certain papers and the signing of 
oet-tain receipts by John Finn, or his attorney, with Senate 
amendments. 

Mr. COBB of Missouri. Mr. Speaker, I move that the House 
concur in the Senate amendments. 

The Senate amendments were read. 

The SPEAKER. The gentleman from Missouri moves to con- 
cur in the Senate amendments. 

The question was taken, and the Senate amendments were con- 
curred in. 

The SPEAKER. Without objection, the title will be amended 
in accordance with the amendments of the Senate. 

There was no objection. 

On motion of Mr. COBB of Missouri, a motion to reconsider 
the vote by which the Senate amendments were concurred in 
was laid on the table. 

LEAVE OP ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 

To Mr. Hull, for two days, on account of important burdness. 

To Mr. Belknap, for one day, on account of important busi- 
ness. 

To Mr. Moore, indefinitely, on account of sickness. 

ORDER OF BUSINESS. 

The SPEAKER. The regular order is the call of the stand- 
ing and select committees for reports. 
The committees were called. 

_^ FLOWER MARKET, WASHINGTON, D. C. 

~~^v. RUSK, from the Committee on the District of Columbia, 
reported back with a favorable recommendation a bill (S. 2157) 
to provide for the erection of a flower market in the city of 
Washington, D. C: which was referred to the Committee of the 
Whole House on the state of the Union, and, with the accom- 
panying report, ordered to be printed. 

REPORT OP UNITED STATES COMMISSIONERS TO PARIS EXPO- 
SITION OP laso. 
Ml'. RICHARDSON, from the Committee on Printhig, re- 
ported the following resolution: 

In the Senate of the IJnited St.\tes, January ;>5, is.w. 
Resolved bij ihe Senate (the House of Representatives concurring). That in 



1893. 



CONGRESSIONAL EECOED— SENATE. 



15)9 



WILLIAM M'GARRAHAN. 

Mr. TELLER. I wish to give notice that to-morrow morning , 
after the routine business is through, I shall ask the Senate to 
take up Senate bill 3741, known as the McGarrahan bill. I do 
not think it will lead to any extended discussion, and I shall ask 
the Senate to take up the bill at that time. 
ORDEK OP BUSINESS. 

Mr. SHERMAN. I submit to the Senate whether it would 
not be a better course and e.\pediat6 business to proceed to the 
consideration of the regular business at 1 o'clock rather than go 
on with other business now. The Senator trom Maine |^ir. 
Frye] has the floor upon the Nicaragua bill. I ask that the Sen- 
ate proceed to the consideration of Senate bill 1218. 

The VICE-PRESIDENT. The Senator from Ohio asks unani- 
mous consent that the Senate proceed to the consideration of a 
bill, the title of which will bo read. 

Mr. .TONES of Ai-kansas. I hope the Senator f)-om Ohio 
will not insist on that. There are a number of measures on the 
Calendar that ought to be considered. The very fhort time al- 
lowed to the Calendar ought not to be taken up by tlie considera- 
tion of the regular order, when day after day will be devoted 
to that business. I think that the hour and a half which belongs 
to the Calendar ought to bo devoted to the Calendar. 

Mr. SHERMAN. If we can proceed with the Calendar under 
the five-minute rule I have no objection, but if it is to bo taken 
up for the discussion of collateral subjects that will consume 
time I shall object. 

Mr. JUNES of Arkansas. I am perfectly willing to take it 
up under the five-minute rule, and I think thatought to bo done. 

Mr. SHERMAN. I will ask the Chair wheth-r there is any 
unfinished business of the morning hour? 

Mr. JONES of Arkansas. There never is. 

Mr. COCKRELL. There can not bo any unfinished business 
in the morning hour. 

The VICE-PRESIDENT. There is no unfinished business of 
the morning hour. 

Mr. SHERMAN. Very well; if the Calendar can be pro- 
ceeded with in the ordinary way I have no objection, but if we 
are to waste the time in discussion I shall object. 

The VICE-PRESIDENT. If there isno further morning busi- 
ness that order is closed, and the Calendar under Rule VIII is 
in order. 

Mr. DOIiPH. I desire to state that I am quite willing for 
unanimous consent to proceed to the Calendar under the five- 
minute rule. I commenced to speak Saturday on a measure 
which was brought up in the morning hour, because I thought 
it necessary to submit to the Senate information on tho joint reso- 
lution which was called up. Whenever that measure is called 
up again I shall dosire toonclude my remarks without attempt- 
ing to occupy more time than is necessary, so as to put the Sen- 
ate in tho possession of full information concerning it. But I 
am entirely indifferent whether the measure ever comes up again. 
I objected to its being taken up on Saturday, and all I defeire is 
time to inform the Senate in regard to the facts in tho case. 

Mr. JONES of Arkansas. That measure can not be reached 
this morning on the Calendar. 

Mr. SHERMAN. Let us commence with the first case on the 
Calendar. 

The VICE-PRESIDENT. If there is no further morning 
business 

Mr. CAREY. Is the Calendar in order? 

The VICE-PRESIDENT. If there is no further morning busi- 
ness that order is closed, and the Calendar under Rule VIII is in 
order. 

ADMISSION OF NEW MEXICO. 

Mr. CAREY. I call up the bill (H. R. 713C) to enable the peo- 
ple of New Mexico to form a constitution and State government, 
and to bo admitted into the Union on an equal footing with tho 
orio-inal States, which was passed over without prejudice. 

Mr. PL.\TT. I should like to inquire of the Senator from 
Wyoming whether he thinks that bill can be disposed of under 
the five-minute rule. We have just had unanimous consent to 
go to the Calendar under the five-minute rule and not to take up 
cases objected to. 

Mr. HARRIS. I beg to suggest that we are to go to the Cal- 
endar under the standing rule of the Senate. 

Mr. CAREY. I did not understand that there had boon unani- 
mous consent given. OX course it is not my intention to violate 
a unanimous-consent agreement, but I understood that we were 
going to the Calendar regularly. 

Mr. HARRIS. I suggest to the Senator from Wyoming that 
the Senate is proceeding under Rule VIII, according to the 
ru'es of the Senate, and not by any consent rule. 

The VICE-PRESIDENT. The Senator from Wyoming 
asks 



Mr. nOAR. Will the Chair state whether any unanimous 
consent has been given by tho Senate? 

The VICE-PRESIDENT. The Calendar has been reached 
under Rule VIII. 

-Mr. HOAR. I ask tho Chair if any unanimous consent in i-o- 
ga' d to the Calendar has been given by the Senate. 

The VICE-PRESIDENT. Unanimous consent has not been 
given. 

-Mr. PLATT. I object to tho bill caUod up by tho Sanator 
from Wyoming. 

The VICE-PRESIDENT. Objection is maile. 

Mr. CAREY. I move that the bill bo taken up, notwithstand- 
ing the objection, \mdL-r Rule VIII. 

The VICE-PRESIDENT. The question is on agreeing to tho 
motion of the Senator from Wyoming. 

Mr. PLATT. On that motion I call for th) yeas and nayii. 

The yeas and nays were ordered, and the SecreUiry proceeded 
to call the roll. 

Mr. BUTLER (when his name was called). I am paired with 
tho Senator from Pennsylvania [Mr. C.\mekon]. 

-Mr. CULLO.M (when his name was called'. I have a g.-neral 
pair with tho Senator from Delaware [.Mr. Gray]. I do not 
know how he would votj on this question. 

Mr. IIAWLEY (when his name was called). I havo a t^onoral 
pair with tho Senator from Missouri [Mr. \ kst]. Upon I'unjult- 
lug his colleague I feel at liberty to vote. I voto "nay.'' 

Mr. COCKREl^L. I do not know how my eoUeajuo [Mr.VKST] 
would vote, and I authorized the Senator from Connc'ticut [Mr. 
IlAWLEY] to Vote. 

Mr. McMILL.\N (when his name wits called). I am paired 
with tho Senator from North Carolina [.Mr. VaNCeI. 

Mr. PASCO (wlu u his name wascallod). I am paired with the 
Senator from North Dakota[Mr. C.\Sey]. In hiisab^iunce I with- 
hold my vote. I should vote "nay" if he were preseul. 

Mr. PETTIGREW (when liis name was called). I am puiroU 
with the Senator from West Virginia [Mr. CamueN]. 

The roll call was concluded. 

Mr. McPll ERSON (after having voted in the negative . IIiw 
the junior Senator from Delaware [Mr. HliiuiNs] vo'.od? 

The VICE-PRESIDENT. Ho is not recorded. 

Mr. McPIl ERSON. Then I wish to withdraw my voto, being 
])aired with that Senator. 

Mr. GORDON. Upon this question and upon all questions I 
am paired with the Senator from Wyoming [Mr. WAKlti.N'j. 

Mr. McPIIERSON. In order to make a quorum I will vote 
"yea,'' as I suppose the Senator from Delaware [Mr. UicGlNS] 
would vote if ho were present. 

Mr. MCMILLAN. On this question I feel at liberty to vole 
" nay." 

Mr. BUTLER. I will vote to make a quorum. I voto "yea," 
as I think my pair would vote. 

Mr. CULLOM. On the suggestion of tho Senator from Mary- 
land [Mr. Gokman] I will take the liberty of casling my vot'-. 

Mr. GORMAN. I think tho Senator from Illinois has n i-ight 
to voto. 

Mr. CULLOM. I vote "nay.' 

Mr. PASCO. As my vote will not change tho result, in or- 
der to make a quorum I vote " nay." 

Mr. GORDON. In order to mako a quorum, I voto "yea." 

The result was announced — yeas 14, nays SO, as follows: 



Blackburn, 
liutler, 
Carey, 
Felton, 5< 



Gordon, 
Hiu-rls, 
McPherson, 
Mitchell, 



YEAS-U. 

Palmer, 
PeffBr, 
Pugh, 
Quay. 

NAYS-30. 



Sawyer, 
Teller. 



Sherman. 

StockbrlJgo, 

Vofirhees. 

Washimm, 

Whllo. 

Wolcott. 



lierry. C Dawes, l^uiiton. 

lilodgett,— Dolph, Jones, .^rlt. 

Brlce. (D Faulkner, McMillan. 

Cartcry, (X) Frye. ManUersou. 

Call, • en Gorman, Mills, 

Cockrell, Hawley, Morrill, 

Coke, ■<-• Hill, Pasco. 

Cullom, ^ Hoar, Plait, 

NOT VOTING-43, 

Dixon, ,Tones. Nev. Squire, 

Duli.iis, Kvlp, StanforJ, 

(iallluper, Morgan. Stewarl, 

George, Pa.Ulock, Turple, 

Gibson, Perkins, Vance, 

Gray, Pettigrew, \ern. 

Hale, Power. VllaH. 

Hansbrougli, Proctor, Walthall, 

Hlgcins, Kan.wm, W.arron, 

Hlscock, Sanders, Wll.sou. 

Irby, Shoup, 

So the motion was not agreed to. , „ , ,.,,, , 

The VICE-PRESIDENT, Tho Calendar under Rule ^ III i» 
in order, and will be proceeded with. 



Aldrich, 3 
Allen, </5 

Allison, ,_ 
Hate. Q 

Camden, i , 
Cameron, ^~ 
Casey. 
Chandler, 
Colquitt, 
Daniel, 
Davis, 



1510 



CONGEESSIONAL RECORD— SENATE. 



Eebeuaey 13, 



MESSAGE FROM THE HOUSE. 

A messao-e from tho Houss of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced tliat tho House liad passed 
tlie following- bills: 

A bill (S. 741) to incorporate the Eclectic Medical Society of 
the District of Columbia; , .^ ^ .. , >t .i r. 

A bill (S. 2852) to chang-e the name of tho Capitol, North O 
Street and South Washington Railway Company: 

A bill (S. 3S:3(J) to authorize the Union Railroad Company to 
construct and maintain a bridge across the Monongahela River; 

and 

A 1)111 (S. 3859) to amend an act entitled "An act for the con- 
struction of a railroad and wagon bridge across the Mississippi 
Riviu- at South St. Fail, Minu.," approved April 2(3, 1890. 

Tho message also announced that the House had passed the 
following bills with amendments; in which it i-equested the con- 
currence of the Senate: 

A bill (S. liJSS) for the relief of Mrs. Fannie N. Belger; and 

A bill IS. 29-16) to amend an act entitled "An act to incorporate 
the Masonic Mutual Relief Association of the District of Colum- 
bia," approved March 3, 1869. 

The message further announced that the House had passed the 
concurrent resolution of the Senate providing for the printing 
of 5,500 copies of the reports of the Commissioners of the United 
States to the Paris Exposition of 1889. 

The message also announced that the House had passed tho 
following bills; in which it requested the concurrence of the Sen- 

A bill (H.R. 3253) to increase the pension of William G. Smith; 

A bill (H. R. 8450) to remove the charge of desertion from the 
reciird of Charles G. Pyer. ^ , ^ 

Th" message further announced that the House had agreed to 
the reports of the committees of conference on the amendments 
of the Senate to the following bills: 

A bill (H. R. 9527) to restore to the public domain a portion of 
the White Mountain Apache Indian Reservation, in the Ter- 
ritory of Arizona, and for other purposes; and 

A bill (H. R. 9933) making appropriations for fortifications and 
Other works of defense, for the armament thereof, for the pro- 
curement of heavy ordnance for trial and service, and for other 
purposes. . . 

The message also returned to the Senate, m compliance with 
its request, the bill (S. 3851) to amend the act approved August 
13, 1888, in relation to the jurisdiction of the circuit courts of 
the United States. 

ENROLLED BILLS SIGNED. 

The message furtliorannouced that the Speaker of the House 
had signed the following enrolled bills and joint resolutions; and 
thev were thereupon signed by the Vice-President: 

A bill (S. 3510) to amend section 4347 of the Revised Statutes 
of the United States; 

A bill (S. 3788) granting right of way to the Colorado River 
Irrin-ation Company through the Yuma Indian Reser^ionin 
California; JstmB^-^ 

A bill (S. 3843) to authorize the Chesapeake and Ohio Railway 
Company to renew its railroad bridge across the Big Sandy River 
upon svich ])lans and locations as may bo approved by the Secre- 
tary of War; 

A bill (H. R. 5504) to permit the withdrawal of certain papers 
and the signing of certain receipts by John Finn or his attorney; 

A bill (H. R. 9955) providing for sundry light-housesand other 
aids to navigation; 

.Joint resolution (H. Res. 214) providing for additional tele- 
graphic and electric-light facilities in tlie city of Washington 
during tho inaugural ceremonies on the 4th day of March, 1893; 
and . 

Joint resolution (S. R. 1-tO) authorizing the Secretaries of V> ar 
and of the Navy to loan to the committee on inaugural ceremo- 
nies. Hags, etc. 

CIRCUIT COURT JURISDICTION. 

The VICE-PRESIDENT. The Chair lays before the Senate 
the l)ill (S. 3851) to amend the act approved August 13, ISSS, in 
I'elation to the jurisdiction of the circuit courts of the I^tcd 
Stat-s, which has been returned to the Senate, in comp. 
witli its request. The Chair calls the attention of the Senator 
from Oregon |Mr. MITCHELL] to the bill. 

Mr. MITCHELL. I desire to enter a motion at this time to 
reconsider the vote by which the bill was passed. The motion 
may lie over. 

The VICE-PRESIDENT. The motion to reconsider will be 
ntered>j- 

'^ MASONIC MUTUAL RELIEF ASSOCIATION. 

The VICE-PRESIDENT laid before the Senate the amend- 
ment of the House of licpresentatives to the bill (,S. 2940) to 



amend an act entitled "An act to incorporate the Masonk' 
Mutual Relief Association of the Districtof Columbia," approved 
March 3, 1869, which was, in line 23, after the word "vice-presi- 
dent," to strike out the words "and one of their number as sec- 
retary." 

Mr. FAULKNER. I move that the Senate concur in the 
amendment of the House of Representatives. 

The motion was agreed to. 

HOUSE BILLS REFERRED. 

The bill (H. R. 3253) to increase the pension of William G. 
Smith was road twice by its title, and referred to the Committee 
on Pensions. 

The bill (H. R. 8450) to remove the charge of desertion from 
the record of Charles G. Pyer was read twice by its title, and 
referred to the Committee on Military Affairs. 

AGREEMENT WITH CHEROKEE INDIANS. 

The VICE-PRESIDENT. The first bill on the Calendar under 
Rule VIII will be stated. 

The bill (S. 2870) to ratify and confirm an agreement with the 
Cherokee Nation of Indians, of the Indian Territory, to make 
appropriations for carrying out the same, and for other pur- 
poses, was announced as lirst in order ot> the Calendar. 

Mr. PLATT. That bill has been passed as a substitute for a 
House bill on the same subject. It may as well be stricken from J 
the Calendar. ^ 

The VICE-PRESIDENT. The bill will be indefinitely post- 
poned in the absence of objection. Tho Chair hears none, and 
it is so ordered. 

POTOMAC STEAMBOAT COMPANY. 

The bill (S. 706) for the relief of the Potomac Steamboat Com- 
pany was considered as in Committee of tlie Whole. 

The bill was reported from the Committee on Claims with 
amendments, in line 0, after the words " five thousand," to strike 
out "three hundred;" and in line 15, after the date "1892," to 
insert "said amount to be received by tho said Potomac Steam- 
l)oat Company in full satisfaction of all claims and demands against 
the United States in consequence of the said collision; " so as to 
make the bill read: 

Jl,' it enacted, etc., That tlio Socretary of the Treasury be, and he Is hereby, 
directed to pay. out of any money In the Treasury not otherwise appropri- 
ated, to thePotomac Steamboat Company the sum of 85,090, that being tho 
amoimt paid bv the .sal.l Potomac Steamboat Company tmder a decree of 
the circuit court of tho United States for the eastern district of VirKlnia, 
affirmed by the Supreme Court of the United States, to the Baker Salvage 
Company for services rendered by the steamer Excelsior, belongins to the 
said Potomac Steamboat Company, when she wassuult by the United States 
steam tug Fortune, in Ilaraptou Reads, Virginia, on the 4th day of December, 
1S83, said amount to be received by the said Potomac Steamboat Company 
in full satisfaction of all claims and demands against the United Slates iu 
consequence of tlie said collisi(jn. 

The amendments were agreed to. 

Tho bill was reported to the Senate as amended, and tho 
amendments were concurred in. 

Tho bill was ordered to be engrossed for a third reading, read 
tho tlftrd time, and passed. 

^ EXTENSION OF NORTH CAPITOL STREET. 

Mr. McMillan. I ask unanimous consent for the present 
consideration of House bill 8S15. It is a very short bill, which 
was lieretofore passed over. 

By unanimous consent tho Senate, as in Committee of tho 
Whole, proceeded to consider the bill. 

The bill was reported from the Committee on the District of 
Columbia with amendments. 

The first amendment was, in line 9, after the word ' ' street," to 
strike out " and the sura of $10,000, or so mucli thereof as may 
be necessary," and insert "and thoamountof money necessary to 
pay the judgment of condemnation and the cost of grading; " so 
as to road: 

That the Commissioners of the District of Columbia are hereby directed to 
open anil grade North Capitol street from T street to the Soldiers' Home, 
an 1 are hereby authorized and directed to condemn, lathe manner provided 
bv law for the condemnation of land in the District of Columbia, such of the 
lauds of the Prospect HIU Cemetery and of Annie E. Barbour as may be nec- 
essary for the extension of said t^treet. and the amount of money necessary 
topav tho judgment of condemnation and the cost of grading Is hereby ap- 
propriated, out of any moneys in the Treasury not otherwise appropriated, 
to carry out the provisions of this act. 

r. COCKRELL. Mr. President, that makes the amount ab- 
solu^^ unlimited. 

Mr. SIcMILLAN. I think that was the understanding. The 
bill has been up throe or four times. The House of Representa- 
tives made the amount 810,000, but some of the people interested 
thought that might not bo sufficient. The cost will not be much 
over $10,000, but I have no objection to having the amount 
changed. 

Mr. BLACKBURN. Will the Senator from Michigan per- 
mit me to suggest to him that I know the junior Senator from 
Missouri [Mr. Vest] is very anxious to be in the Chamber wlien 



1893. 



CONGEESSIONAL RECORD— SEXATE. 



1511 



this bill is .-considered? He is absent to-day, but he will be hero 
to-morrow. 

Mr. McMillan. I have no objection to having the bill go 
over on the statement of the Senator. 

Ml-. BLACKBURN. I shall be obliged if the Senator will 
allow the bill to go over to-day. 

Uv. MCMILLAN. Very well. 

The VICE-PRESIDENT. The bill will be passed over, re- 
taining its place on the Calendar. 

ESTATE OF D. FUX.FOED. 

The bill (S. 1565) for the relief of the heirs of D. Falford was 
considered as in Committee of the Whole. 

The bill was reported from the Committee on Claims with an 
amendment, in section 2, line 6, after the word " thereon," to in- 
sert '-and to contain such words as to cover any liability result- 
ing from any mistake in the designation or descri])tiim of the 
bonds, so that in no event shall the United States be called upon 
by a rightful claimant for a second payment thereof;" so as to 
make the section read: 

Sec. 2. That the said heir.^ ot D. Fulford shall also execute ami file with 
the Secretary of the Treasurj* a bond with sufllclent sureties, to l>o approved 
by the Secretary of the Treasury, in the poualty of Jli.OOi), condllioiieu to save 
harmless the United States from loss or ability on account of said bonds or 
the interest accruea thereon, and to contain such words as to cover any lia- 
bility resulting from any mistake in the designation or description of the 
bonds, so that in no event shall the tjnlted Stales be called upon by a right- 
ful claimant for a second ijayment thereof. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

R. CONNABLE & SONS. 

The bill (S. 3279) for the relief of R. Connable & Sons was con- 
sidered as in Committee of the Whole. 

lili-. COCKRELL. Let the report be read in that case. 

The VICE-PRESIDENT. The report will be road. 

The Secretary read the following report, submitted by Mr. 
Sanders July 28, 1892: 

The Conunittee on Claims, to whom was referred the bill (S. 3279) for the 
relief of K. Connable & Sons, have had the same under consideration and re- 
portthe bill back with the recommendation that it do pass. 

Connable & Sons owned the tug D. L. Babcock. aiming other.s, and were 
fined .f 100 for running the same without a licensed en,gineer, which was paid 
prior to taking ;m appeal. The Babcock was practically navigated by Capt, 
Dahlmer, aud'by inadvertence of his the same was rim one trip v,-ithout a 
licensed engineer. As a further penalty Dahlmers license as a captain was 
revoked, but after examining into the circumstances the Ti-easury Depart- 
ment arrived at the conclusion that he was not blameworthy and restored 
to him bis license. However, as the money had been paid into the Treasury It 
was too late to remit the penalty, and this bill contemplates what would 
have been the resttlt had mit Connable & Sous so promptly paid the money. 
The facts show that Connable & Sons have for many years been the owners 
of tugs and have never been accused of viohiliug any of the marine regula- 
tions, and they seem to have been put into this position without intentional 
fault on their part. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

purchase of TEMPIiE FARM, YORKTO-WN, VA. 

The bill (S. 2698) providing for the purchase of Temple Farm, 
at Yorktown, Va.. and for other purposes, was announced as 
next in order on the Calendar. 

Mr. MORRILL, I was not aware that that bill had been re- 
ported from the Committee on Public Buildings and Grounds; 
certainly it must have been reported at some time when I was 
not present. I desire that it shall be passed over without prej- 
udice, until I can have further time to examine it. 

Mr. COCKRELL. I hope the Senator will examine the bill 
verj' carefullj' and ascertain the market value of this land and 
whether it is worth $140 an acre. It seems to me very much 
like paying a pretty high price for it. 

Mr, DANIEL. I can answer the question of the Senator. The 
market value of this land is very insignificant compared with 
the price put upon it by the bill. It is agricultural land and the 
value is very much less, indeed not half, bnt it is a large tract 
of land and the place on which the British Army in the Revolu- 
tion surrendered. It is proposed to purchase it on the ground 
of apjiretio uffeclioms. 

Mr. MORRILL. I object to the present consideration of the 
bill. 

The VICE-PRESIDENT. Objection being made, the bill will 
go over. 

ELI AYRES. 

The bill {S. 757) to quiet the title of certain lands in the State 
of Mississippi, and for the relief of Eli Ayres, his legal repre- 
sentatives, etc., was announced as next in order on the Calendar. 



Mr. JONES of Arkansas. Lot that bill go over, i-etaining its 
place on the Calendar. 
The VICE-PRESIDENT. The bill will bo passed ovoi-. 

SALMON FISHERIES IN ALASKA. 

The bill (S. 32S0) to provide for the enforcement of tho pro- 
visions of the act of Cun^'ross for the protection of t' ' 
tishcries of Alaska, appro-.od Maivh 2, iss.i, was coi 
in Committee of the Whole. It j)r,.n .-,-s iim- \'u- s, 
the Treasiu\v shall ai)point a cap: 
special agent in charge of the !\ 
duty it shall be, under the direcliuu ol 
Treasury, to enforce tho provisions of the ; 
to provide for the protection ol the salmon 
such agent to receive the rate of pay, mile;: 
lowed a special agent of the Treasury of ih 
have his official residence at .Sitka in such quai- 
rctary of the Treasury may provide in the i)ublic 
situated, etc. 

Tho bill was i-^ported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

NEW YORK AND NEW JERSEY OYSTER BEDS. 

The bill (S. 3114) authorizing the Secretary of the Treasury 
to appoint commissioners to tstimate tV ' * ' 

oyst«r beds in Karitan Bay and udjoi- 

and New Jeroey, and to make coiupeui,.. .., , ,,„ 

nounced as next in order on the Calendar. 

Mr. JONE.S of Arkansas. Let that bill go over. 

The VICE-PRESIDENT. The bill wUl b.3 passed over. 
UTAH EXHIBITS AT COLUMBLVN EXPOSITION. 

The bill {H, R, 7827) to enable the people of the Teiritory of 
Utah to provide for the CDllection, arrangement, and display of 
the products of said Territory at the World's Columbian E.xpoi>i- 
tion of 1893, was announced as ne.xt in ordi«r on the Ciilendar. 

Mr. COCKRliLL. I understood wh. ' ' 

reached on the call of House bills on tl 

ator from South DakotalMr, PKTTir,!:)... , ; 

necessary to pass the bill now. as all necrssary arrangements Id 
reference to tho Utah exhibit had already been made. 

Mr. PETTIGREW. That is so. It is not uecessai-y to pass 
the bill. It should go over. 

Mr. COCKRELL. Lot it go over imder Rule IX. 

The VICE-PRESIDENT. ThobUlwUl gooverunderRuloIX. 

JOSEPH AND ELIZA J. REDFERN. 

The bill (S, 2,!S0) for the relief of .Joseph and Eliza J. Redfern, 
his wife, was considered as in Committee of tho Whole. 

The bill was reported from tho Committ,«'e on Claims with an 
amendment, in line 13. after tho woi-ds " United Status," to in- 
sert: " During the period from November 1, 1871, to Docemljer 
31, 1888;"' so as to make the bill read: 

lie it (nacted, <-/i-,. That the Secretary of tho Troa- ; 
authorized and directed to pay to Joaopb Itodfern 

the District of Columbia, on- ' ' '•- '" "' 

appr(»prlatc(l, the sum of ■ 
against tho United States !■ ■ 

and 1731 G street NW., In Ih. , .,., ....^ .:. . , i 

bv the .Signal Service of the Army ot tho U nlied Status during lije perloa trom 
Nomvcber 1, 1871, to December SI. 1888, 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and tho 
amendment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
tho third time, and passed. 

NATIONAL BANKRUPT LEGISLATION. 

The resolution reported by Mr. Mandehs"--- ''•"" "> i ■.."!- 
mitteo on Printing, August 1,1892, to priir i- 

ate Miscellaneous Document 48, relating ! 
letrislation, was announced as next in order on the Calendar. 

Mr, MANDERSON. I think, as it is quite evident that the 

bill to which the resolution refers can not Ix; oo'i : 

this session of Congress, it is hardly worth whi 

tional copies of the document. I therefore movL- iu.ii m' n.-o- 

lution be indefinitely postponed. 

The motion was agreed to. 

STOCKBRIDGE AND MUNSEE INDIANS IN WISCONSIN. 

The bill (H. R, 3594) for the relief of the Stockbridgo and 
Munsee tribe of Indians, in tho Stale of Wisconsin, was an- 
nounced as next in order on the ('■■'■ "i"- 

Mr. PETTIGREW. I have h:. i my hands son i 

ditional papers relating to this lii next bill on fli 

endar, being the bill (S. 2977) for Uie rouuf of tho S- 
tribe of Indians, in the .State of Wisconsin, which ■• 
submitted to the Committee on Indian .Vffairs. I therelorc move 
to recommit tlie two bills to that committee. 



1512 



CONGRESSIONAL RECORD— SENATE. 



Febeuaey 13, 



I 



Mr. JONES of Arkansas. I wish to say that the subject-mat- 
ter pi'oposed to be disposed 6f by House bill 3594 has been before 
Congress for twenty years. The Stockbridge Indians are living 
on lands where they were ; 't in ]S5i), and persistent efforts have 
been madi^ to deprive them of their homes. The facts and cir- 
cuuistaueos involved in the matter have been eonsidei-ed by 
committees of this body. The Committee on Indian Aflfaii's 
sent foi' persons and papers, lieard witnesses, examined all the 
facts, and reported almost unanimously in favor of the passage 
of the hill. It has been again and again i)assed by this body; it 
has been passed by the otlier House of Congress. There is but 
one side to this controversy. The delay is not creditable to the 
Government of the United States, and is an outrage on these 
Indians. 

I hope the Senate will vote down the proposition to recommit 
the bill, in which case I shall move that the Senate proceed to 
its consideration. 

Mr. SAWVER. I hope the Senate will not vote down the mo- 
tion to recommit. I think the bills should be recommitted, and 
I hope they will be. 

The VICE-PRESIDENT. The question is oa the motion of 
the Senator from South Dakota to recommit the bills named by 
him to ilie Committee on Indian AtTairs. 

Mr. VILAS. I trust the bills will not be recommitted, espe- 
cially in view of what the Senator from Arkansas [Mr. Jones] 
has already sufficiently said with reference to them. These 
bills involve a long delayed measure of justice, which has never 
boon denied by either House of Congress, except when it has 
boon defeated in the way of recommitment, obstruction, or delay. 

The simple, plain measure of justice, which the Committee on 
Indian Alfairs had no difficulty in determining, lies merely in 
awarding to certain Indians their title to lands which they have 
occupied for thirty-six years, which was made perfect to tliem 
by a treaty of the United States, and for which they have been 
entitled to a patent under the terms of that treaty for a quarter 
of a century. 

Mr. Mcpherson, why have they not got it? 

Mr. VILAS. They have not got it simply because they fell 
under the hands of individual operators, who liave been able to 
obstruct and prevent this measure of justice to this day. 

The vice-president. The question is on the motion of 
the Senator from South Dakota, to recommit the bills which he 
has named. 

Mr. JONES of Arkansas. I ask for the yeas and nays on the 
motion to recommit. 

The yeas and nays were ordered, and the Secretary proceeded 
to call the ixill. 

Mr. McMillan (when his name was called). I am paired 
with the Senator from North Carolina [Mr. Vance]. Not know- 
ing how he would vote, if present, I withhold my vote. 

The roll call was concluded. 

Mr. BUTLER. I am paired with the Senator from Pennsyl- 
vania [Mr. Cameron]. 

Mr. CULLOM. I am paired with the Senator from Delaware 
[Mr. Gray], and therefore withhold my vote. 

Mr. DOLPH. Has the Senator from Mississippi [Mr. George] 
voted? 

The VICE-PRESIDENT. He is not recorded as voting. 

Mr. DOLPH. If the Senator from New York [Mr. HiscocK], 
who sits on this side of the Chamber, is not paired with any other 
Senator I shall transfer my pair with the Senator from Missis- 
sippi, who is only temporarily absent, and vote "yea." It will 
be understood then that the Senator from Mississippi and the 
Senator from New York are paired. 

Mr. CAREY. I am paired with the Senator from South 
Carolina [Mr. Irby]. I will transfer that pair to the Senator 
from North Dakota [Mr. Casey], and shall vote to make a 
quorum. I vote "yea." This will also enable the Senator from 
Florida [Mr. Pasco] to vote. 

Mr. DANIEL. I am paired with the Senator from Washing- 
ton [Mr. Squire]. I do not know how he would vote if present, 
but I withhold my vote. I should vote "nay " if he were here. 

Mr. PASCO. Uiitler the arrangements announced by the Sen- 
ator from Wyoming- [Mr. Carey], I vote " nay." 

Mr. MANDERSON (after having voted in the affirmative). I 
see that the Senator from Kentucky [Mr. Blackburn], with 
whom I am paired, has not voted. I will therefoi'e withdraw my 
vote unless 1 can make a transfer of my pair. I suggest to the 
Senator from Virginia [Mr. Daniel] that we pair the Senator 
from Kentucky with the Senator from Washington [Mr. Squire], 
and that will permit the Senator from Virginia aAdrnvself to 
vote. ^iS^M^ : 

Mr. DANIEL. That is entirely agreeable to me. 

Mr. MANDERSON. Then the Senatorf rom Washington [Mr. 
Squire] will stand paired with the Senator from Kentucky [Mr. 
Blackburn], and I shall let my vote stand. 



Mr. DANIEL. I vote "nay." 

Mr. BLACKBURN entered the Chamber, and said: I desire 
to vote on the pending motion. I vote "yea. " 

Mr. DANIEL. Then I will announce ray pair with the Sena- 
tor from Washington [Mr. Squire]. The Senator from Ken- 
tucky [Mr. Blackburn] has come in and voted, and I withdraw 
my vote. ^ 

Air. CULLOM. I think I have an understanding with the Sen- 
ator from Delaware [Mr. Gray], with wiiom I am paired, to vote 
when my vote is necessary to make a quorum. I vote ••yea." 

The result was announced — yeas 2i, nays 20; as follows: 

yeas— 31. 

Blackburn, 

Carey, 

Cullom, 

Uavls, 

Dolph, 

Felton, 



Frye, 

Halo, 

Hansbrough, 

Hawley, 

Hlgt'ias, 

MaudersoD, 



Mitchell, 

Murrill, 

PeHer, 

Peitlgrew, 

Piatt, 

Proctor, 



Sawyer, 

Sherman, 

Stockbrldge, 

Teller, 

Voorhees, 

Wolcott. 



NAYS— -20. 
Coke, Mills, 

Harris, Morgan, 

Huntoa. I'almer, 

Jones, Ark. Pasco, 

McPherson, Pugh, 

NOT VOTING— 43 

Daniel, Hill, 

Dawes, Hiscock, 

Dixon, Hoar, 

Dubois, Irby, 

Faulkner, Jones, Nev. 

Gallinger, Kyle. 

(?eorge, McMillan, 

Gibson, PaJUock, 

Gordon, Perkins, 

Gorman, Power, 

Gray, Ransom, 

So the motion to recommit was agi'eed to. 



Berry, 

Blodgett, 

Brice, 

Cadery, 

Call, 



Aldrlch, 

Allen, 

Allison, 

Bate, 

Butler, 

Camden, 

Cameron, 

Casey, 

Chandler, 

Coi-krel), 

Colquitt, 



Quay, 

Stewart, 
Turple, 
Vilas, 
White, 



Sanders, 

Shoup, 

Squire, 

Stanford, 

Vance, 

Vest, 

Walthall, 

Warren. 

Washburn, 

Wilson. 



PUBLIC building AT BUTTE CITY, MONT. 

The bill (S. 879) to provide for the construction of a public 
building at Butte City, Mont., was announced as next in order 
on the Calendar. j 

Mr. BUTLER. Let that bill go over without prejudice. I 

The VICE-PRESIDENT. The bill will go over, retaining its 
place on the Calendar. 

EUNICE M. BROWN. 

The bill (S. 2219) for the i-elief of Eunice M. Brown was con- 
sidered in Committee of the Whole. It proposes t;> pay to 
Eunice M. Brown $,iOO in full compensation for and satisiaction 
of all claims due to her by reasm of services performed by her 
as matron of the hospital at Camp Chase, Ohio, during the years 
18G4 and LSGo. 

The bill was reported t;) the Senate without amendment, or- 
dered to be engros.sed for a third reading, read the third time, 
and passed. 

ELIZA E. PHILLIPS AND OTHERS. 

The bill (S. 181) for the relief of Eliza E. Phillips, Chesta M. 
Phillips, Charlean Phillips, and Nora Phillips, of the city of New 
Orleans, La., and Robert L. Phillips, of the town of Washington, 
Ark., was announced as next in order on the Calendar. 

Mr. (JOCKRELL. That bill has been reported adversely. I 
move that it be postponed indefinitely. 

The motion was agreed to. 

ACCOMMODATION FOR GOVERNMENT PRINTING OFFICE. 

The joint re.^olution (S. R. 120) making available the sum of 
$2,")0,000 appropriated in 1890, and suspended in 1891, to provide 
accommodation for the Government Printing Office, was an- 
nounced as next in order on the Calendar. 

Mr, QUAY. Let that go over without prejudice. 

Mr. MANDERSON. Do I undei-stand the Senator from Penn- 
sylvania to object to the present consideration of the joint reso- 
lution'? 

Mr. QUAY . I should like to have the joint resolution go over 
temporarily. 

Mr. MANDERSON. It will have to go over, then, I presume. 

The VICE-PRESIDENT. The joint resolution will go over 
without prejudice, retaining its place on the Calendar. 

DA\^D RYAN. 

Mr. PALMER. I move that the next case on the Calendar, 
being the bill (H. R. .'5804) to confer jurisdiction upon the Court 
of Claims to hear and detei'mine the claim of David Ryan against 
the United States, be recommitted to the Committee' on Claims. 
■- The motion was agreed to. 

THE AMERICAN UNIVERSITY. 

Mr. PROCTOR. I ask ananiiuous consent that the Senate 
proceed to the consideration of the bill (S. 3792) to incoi-.porate 
the American University. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



l.>13 



By unanimous consent the Senate, as in Committee of the 
"Whole, proceeded to consider the bill. 

The bill was reported from the Committee on the District of 
Columbia with amendments; in line 9 to strike out " M " and in- 
sert " W,"'soas to read "Alpheus W. Wilson;" and in line 14 to 
strike out the name of " James M. Reid, of Michigan." 

The amendments were agreed to. ' 

The bill was reported to the Senate as amended, and the 
amendments were concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

MARY DOUBLEDAY. 

Mr. BLODGETT. I ask the Senate to proceed to the con- 
sideration of the bill (S. 3819) granting a pension to Mary Double- 
day, widow of Bvt. Maj. Gen. Abner Doubleday. 

By unanimous consent, the Senate, as in Committee of the 
Whole, pi'oceeded to consider the bill, which had been reported 
from the Committee on Pensions, with an amendment, in line 7, 
before the word ''dollars," to strike out "one hundred" and insert 
"fifty;" so as to make the bill read: 

Be it enacted, ttc That the Secretary ot the Interior be, and he is hereby, au- 
thorized and directed to place on the pension roll, subject to the provisions 
and limitations of the pension laws, the name of Mary Doubleday, widow of 
Maj. Gen. Abner Doubleday. and pay her a pension ot $50 per month. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to bs engrossed for a third reading, read 
the third time, and passed. 

REMOVAL OF INDIANS IN ARIZONA. 

The bill (S. 3146) authorizing the removal of the Indians of 
Papago or Gila Bend Reservation in Maricopa County, Ariz., 
to the Papago Reservation in Pima County, or to one of the Pima 
and Maricopa Reservations known as the Gila River and Salt 
River Indian Reservations, was announced as next in order on 
the Calendar. 

Mr. PLATT. The bill was reported by the chairman ot the 
Committee oa Indian Affairs [Mr. Dawes]. I have sent for him, 
but am unable to find him. I think perhaps the bill had better 
be passed over informallv until he comes in. 

The VICE-PRESIDENT. The bill will be passed over with- 
out prejudice. 

SENECA INDIAN LANDS. 

Mr. HILL. I ask unanimous consent that the Senate proceed 
to the consideration of the bill (H. R. 10206) to ratify and con- 
firm an agreement made between the Seneca Nation of Indians 
and William B. Barker. 

There being no objection, the bill was considered as in Com- 
mittee ot the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

The preamble was agreed to. 

SCHOONER HENRY R. TILTON. 

Mr. HIGGINS. I ask unanimous consent to take up the bill 
(S. 3t)89) for the relief of the owners of the schooner Henry R. 
Tilton and of personal effects thereon. 

There being no objection, the Senate, as in Committee ot the 
Whole, proceeded to consider the bill. 

The bill was reported from the Committee on Claims with an 
amendment, to strike out all after the enacting clause and insert: 

That the Secretary of War be. and he Is hereby, authorized and directed to 
ascertain as soon as practicable what was the reasonable value of the 
schooner Henry R. Tilton and the proportion thereof belonging to each of 
her several owners at the time she was sunk by a deflected projectile from a 

fun on the United States proving grounds at .Sandy Hook on or about the 
th day of July, 189:J; and he shall, in like manner, ascertain what was the 
reasonable value of the personal effects of each of the several officers and 
sailors on the said schooner at the time of her sinking as aforesaid; and he 
shall report to the Secretary of the Treasury the several amounts so ascer- 
tained; and the Secretary ot the Treasury is hereby authorized and directed 
to pay, out of auy moneys in the Treasury not otherwise appropriated, to 
the owners ot the said schooner the value thereof so ascertained and reported 
as herein prescribed: Provided, That the aggregate amount so reported as 
the value of said schooner does not exceed 9=10.000, less the amount ot the net 
proceeds of the sale of the schooner; and he shall pay to the officers and 
crew of said schooner the several suras so ascertained to have been the value 
of their personal effects lost: Provided. That the aggregate of said .several 
sums shall not oxeed $1,000: Provided further. That all and each of said sev- 
eral amounts shall be received by the persons herein described in full satis- 
faction of all their claims against the United States on accoimt of the loss 
of the said schooner Henry R. Tilton. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to be engrossed for a third reading, read 
the third time, and passed. 

The title was amended so as to read: "A bill for the relief ot 
the owners ot the schooner Henry R. Tilton and ot the owners of 
personal effects thereon." 



MESSAGE FROM THE IIOUSE. 

A message from the House of Rsprosentatives, by Mr. T. O. 
TOWLES. its Chief Clerk, announced that the House hail jiassed 
the joint resolution (S. R. i:tO i to amend an act entitled '-An act 
making Saturday a halt-holiday tor banking aud trust companies 
in the Districtot Columbia," approved Deeombor 2'2, 1893. 

The message also announced that the House had passed the 
following bills; in which it ro-iuested the concurronca of tho 
Senate: 

A bill (H. R. 9730) to amend tho charter of tho Bri^htwood 
Railway Company ot tho District ot Columbia; 

A bill (H. R. 9S73) to ci'eate a board of charities, etc.. Id tho 
District ot Columbia; 

A bill (H. R. 10U39) to narrow California avcnuo within Bellair 
Heights, District ot Columbia; and 

A bill (H. R. 10236) relative to voluntary assignmi-nt-s by 
debtors tor the benefit of creditors in the District of Columbia, 
and to amend section 782 ot the Revised Statutes of tho United 
States relating to the District ot Columbia. 

ENROLLED BILLS SIGNED. 

The message further announced that tho Speaker ot tho Houso 
had signed the following enrolled bills: 

A bill (H. R. .3627) to grant to the Gainesville, Oklahoma and 
Gulf Railway Company a right ot way through the Indian Tor- 
ritoi-y, and for other purposes: 

A bill (H. R. 9527) to restore to the public domain a portion of 
the White Mountain Apache Indian R-js,>rvation, in the Terri- 
tory ot Arizona, and tor other purposes: and 

A bill (H. R. 9786) authorizing tho construction ot a bridge 
over the Monongahela River, at West Eli/.aljeth, in the State of 
Pennsylvania. 

MARITIME CANAL COMPANY OF NICARAGUA. 

The VICE-PRSSIDENT. The hour ot 1 o'clock having ar- 
rivtd, it is the duty of the Chair to lay before tho Senate tho 
unfinished business. 

The Senatt^, as in Committee of the Whole, proceeded to con- 
sider the bill (S. 1218) to amend tho act entitled ''An act to in- 
corporate the Maritime Canal Company of Nioara;jua," approved 
February 20, 1889. 

Mr. FRYE. Mr. President, from the time that Columbus sought 
for it in vain, tho dream of the world has been to find a pathway 
for ships across the isthmus connecting North and South America. 
I imagine that there is no snot on tho round globe which has 
been so fretted by prospectors, investigators, and surveyors as 
this. But tor the last twelve or fifteen years attention has been 
directed chiefly to three points— Panama, Tehuantepcc, and Ni- 
caragua. 

Panama has been tried. Mr. De Lcsseps at first favored Ni- 
caragua, but owing to certain complications changed to Pan- 
ama, giving as his I'eason that a sea-level canal was an absolute 
nece.-isity, and that at this point only was it practicable. Ho 
laid out his sea-level canal. It touched the Chagres River at 
nine different points. I had the honor to be a member of the 
special committee in the House of Representatives on isthmian 
loutes in 1881. Tho inciuiry extended over six months of time, 
and was exceedingly interesting and instructive. I early ran 
across the Chagres River, and mado up my mind that no such 
uncontrollable and reckless stream as that could be found else- 
where in the wide world. I was then satisfied that man never 
could harness it and compel it to do his will. 

Mr. De Lessejis expended S2iO,000,000 on this route and else- 
where, changed from a sea-level to a lock canal, and failed. Oh, 
what a pity it is that that magnificent man. tho admiration ot a 
world, shouldto-day in his old age be compelled to drink tho lii tier 
dregs ot an awful sorrow and afeartul humiliation! I trust that 
tho wonderful works ho has achieved in the past may restore 
him to liberty once more. 

Since then a French commission has investigated this canal 
and has unanimovisly arrived at tho conclusion that it is a ])rac- 
tical impossibility; so no further thought may be given to Pan- 
ama. 

Tehuantepec attracted tho attention of the world chiefly on 
account of its advocacy by one ot the most distinguished engi- 
neers who ever lived, one ot our own American citizens of whoso 
reputation we have a right to be jjroud, Mr. Kads. Ho was a 
genius, and I have no hesitation in saying that with liis skill 
and his genius combined he never has been surpassed by any cn- 
gin-eron earth. He conc.ived a scheme most brilliant, and as 
attractive as it was brilliant. It was to take from tho liosom ot 
tho Atlantic Ocean the largest ship afloat, fully laden, lift her 
on to a steel-laid track, and then by a powerful locomotive trans- 
port her across the isthmus and drop her into the bosom of the 
Pacific. A magnificent project, worthy of tho genius of Mr. 
Eads. He had, I believe, a greaterpower of impressing hims«l( 



1514 



CONGRESSIONAL RECORD— SENATE. 



February 13, 



and Ills views upon men than anyone I ever saw. He labored 
on that sliip railway in Congress for five or six years. I think 
he prevailed upon the engineers of the world and upon the sci- 
entists to beliovo that his scheme was practicable. I think ho 
failed to convince the ordinary common sense practical ship- 
owner, shipbuilder, and sliip sailor. 

Ml'. Eadsdied in the midst of his work. No successor to him 
has over been born, and in my opinion none ever will be. So 
Teliuantcpec may ha eliminated from the problem. 

Kiearagvia has been a favorite location for a great many years 
on account of its climate; because the distance for an excavated 
canal was only 26 miles; while lake and river transportation were 
142 miles, because midway, as will be seen on that map [indi- 
cating-], is a magnificent slieet of fresh water, deep enough and 
broad cnous'h to hold the navies of the whole world; because at 
either extremity a harbor safe and convenient can be easily pro- 
vided, and because it is just beyond what is known as the calm 
belt of Panama. 

In 1825, the then minister from the new Republic of the Cen- 
tral American States called the attsntion of our Secretary of 
State to this route, and Mr. Clay returned the following reply: 

T)ie idea has been conceived ol uniting the two oceans by a canal naviga- 
tion. The exe ution of it will form a great epoch in the commercial affairs 
of the whole world. The pracllcahility of It can scarcely be doubted. Varl- 
ons lines for the proposed canal have beensuggested, and have divided pub- 
lic oiiiaion. The evidence, tending to show the superiority of the advantage 
of tlsat which would traverse the province of Nicaragua, seems to have 
nearly settled the question in favor of that route. 

In 1872 President Grant appointed a board of five of the ablest 
engineers in the United States, and they were instructed to make 
thorough in\-estigation of the routes across this isthmus. They 
entered upon their worlc, prosecuted it with great fidelity, and 
finally, after having examined eight different routes, unani- 
mously reported in favor of Nicaragua. 

In 1881coucessions were made— ample, all that wore required — 
and a bill wa, presented to Congress to give aid to the building 
of the canal at this point, but Mr. De Lesseps and Mr. Eads re- 
garded that proposition, of course, with extreme hostility, com- 
bined and fought it with great persistency, and succeeded in de- 
feating it. 

In 1884, under President Arthur, a treaty was made with Nica- 
ragua, under the terms of which every concession, right, and 
privilege required wei'e granted, and the United States were 
bound to construct this canal. It is in the memory of many Sen- 
ators who are hero now that for long months we discussed that 
tre;ity. It will be remembered, too, that in the midst of the 
contest the ghost of the Clayton-Bulwer treaty, a treaty that 
had been as dead as Julius Csesar for a quarter of a century, 
■was summoned into this Chamber, and succeeded in preventing 
the treaty from receiving the necessary two-thirds vote, though 
it did command a very largo majority. 

President Cleveland withdrew that treaty after his accession 
to the Presidency. I have reason, Mr. President, to believe, and 
I do believe, tha't were Mr. Cleveland President of the United 
States to-day and were that a ponding treaty he would not with- 
draw it. On the contrary, ho would earnestly recommend its 
ratification. 

In 1S87 concessions were granted by Nicaragua and Costa Rica 
to private individuals. In 1889 Congress granted them corpo- 
rate powers, andfrom that time until now they have been at work 
on the canal, having expended several million dollars, and I am 
gla I to say that as to the canal itself they have as yet found not 
the slightest obstacle to final success. Indeed, sir, I know of but 
few in the country who object to this route as a practical and a 
feasible one to-day. The distinguished Senator from Minnesota 
[Mr. Da%is] at the lastsessiou of Congress made a speech against 
the then pending bill, the burden of which was " earthquaiiCS 
around Nicaragua," and a suggestion that if the Government 
should invest $100,000,000 very likely one might destroy the en- 
tire structure. 

I\:i'. President, there was an earthquake at Charleston, S". C, 
a while ago. Does the Senator think that the people of Charles- 
ton should now fiee to the mountains and desert their homes? 
We are expending some $4,000,000 to build a harbor at Charles- 
ton — -STSO.titiO in the sundry civil appropriation liill of this year. 
Does the Senator from Minnesota think that we ought to stop 
such appropriations because, forsooth, under Divine Providence 
anr.ther earthquake may demolish the city and leave it a de- 
serted village and no harbor be necessary? We are spending 
$5,t00,000 to build a lock at the Sault Ste. Marie, and an earth- 
quake may shake that in pieces. Shall we stop work and allow 
the vessels to remain with no opportunity of conduct from the 
one lake to the other? San Francisco has been visited by earth- 
quakes again and again. Shall San Francisco be restored to its 
primitive conditi( n and its land let out to feed wild cattle be- 
cau.e another earthquake may come? 
Mr. President, I admit that with God all things are possible. 



but in legislation are we to be deterred from doing our duty on 
account of possibilities? Shall every man in a thunder shower 
who knows that lightning Bomotimos strikes and kills have 
builded for himself a glass jar with insulated feet, so as to make 
himself safe from its shafts? 

Mr. Menocal was asked about earthquakes when he was before 
our conftnittee. I will road what he says; 

By Mr. Edmunds: 
Mr. SHERMAN. On what page? 
Mr. FRYE. Pago 178. Mr. Edmunds says: 

You have spokenof earlhqualces. which is an interesting subject to a goofl 
many people as regards the slabillty of such work. You havo been down 
there a good mauy years, how many earthquakes have you experieucedy 

A. I never experienced but one or two, aud they were so slight as to be of 
no consequence. 

Q. How recent in history has there been any eartliquake in that region of 
country that has overthro^Ti houses, etc. ? 

A. Notany.thatI know of, except that the tower ot a church and some 
houses have been slightly cracked. i 

Q. How long ago were these? 

A. In 1&15, in the town ol Rlva.s, the church steeple fell. 

Q. Where l.s that? 

A. Eivas is about 3 or 4 miles from the line of the canal west of the lake. 

Is that an argument which should deter the United States 
from undertaking and carrying out this magnificent work? 

Mr. President, at the last Congress the following resolution 
was offered in reference to this subject on the 11th day of April, 
1890: 

Jlfsotetd, That the Committee on Foreign Kelations be, and It hereby is, 
directed to inquire into what steps have lieeu taken under the act of Con- 
gress entitled "An act to Incorporate the Maritime Canal Company ot Nica- 
ragua," approved 20lh February, 1889, and what are the present conditions 
and prospects of the enterprise: and to consider aud report what, in Its 
opinion, the interests of the United States may require In respect of that 
interoceanic communication. 

Who inspired that resolution? Did it come from this corpo- 
ration? Was it incited by any of its stockholders? Is thei-e a 
Senator on this lloorwho has ever heard from a stockholder ask- 
ing that this resolution shoidd bo presented? I assert that the 
chambers of commerce, the boards of trade of the United States, 
intelligent business men who understood our commercial inter- 
ests, statesmen who know tlie necessity of the United States se- 
curing a political control of this canal, and members of Congress 
insisted upon the resolution, and that this corporation and its 
stockholders had nothing whatever to do with it. I doubt very 
much if they desired it to pass and the committee to Ije directed 
to talie up this worlc. 

The committee acted promptly. It was referred to a sub- 
committee of the ablest men we have ever had in the Senate. 
They wore faithful in their investigations. They reported a 
bill to the Senate, and, leaving out my own name, I submit to 
Senators that the names signed to that report ought to have 
great weight and influence with us. The names are John Sher- 
man, George F. Edmunds, Will,i.<vm P. Frye, William M. Ev- 
arts, J. N. DOLPH, John T. Morgan, Joseph B. Brown, H. B. 
Payne, J. B. Eustis. Tltcro is no politics in this, I am happy to 
say. The bill was reported too late for action. 

Again, at the present session of Congress the Committee on 
Foreign Relations was instructed to further investigate this 
matter. The committee made the required investigation and 
have reported the bill which is now pending, a bill very much 
more favorable to the Government and the people of the United 
States than that which was reported by the Senators whoso 
names I have read, especially in this, that it deals not with mort- 
gages and foreclosures, but gives as a bonus for a guaranty ot 
bonds $80,000,000 of stock to this Government, thus insuring to 
the United States the absolute political and business control of 
this canal forever. 

Now, Mr. President, I have always favored the construction 
of this canal by the Government, and am glad that years ago I 
made a speech in which I maintained that it was the duty of the 
United States to make an apjiroiiriation then of $100,000,000, to 
be drawn upon from time to time by the Secretary of War as he 
might need it, the construction to proceed under the Army en- 
gineers, a corps of men against whom no suspicion ever yet was 
aroused, a corps of men whom nobody would dream of charging 
with the slightest intidelity in making contracts or seeing that 
they were faithfully executed. I suppose that such a proposi- 
tion as that now could not prevail, and while I still hold to my 
early opinion, I give my entire adhesion conscientiously and 
heartily to the bill which has been reported. 

Mr. President. I do not propose to discuss the political reasons 
wiiy our Government should control this canal, though in my 
opinion such control is vital to the interests ot this Republic in 
the future. I leave that branch of the case to the distinguished 
Senator from Alabama [Mr. Morgan], whocan do his duty with 
an ability I never dreamed of. 

Nor do I propose to discuss the bill in its several provisions, 
nor undertake to defend any ot them. It was reported by a Sen- 



im'. 



CONGRESSIONAL RECORD— HOUSE. 



1537 



Mr. HEARD. There is no objection to that, and I understand 
the gentleman from Tennessee will prepare an amendment to 
that effect, although it is embodied in the original bill. 

Mr. LIND. That may be, but I doubt whether, without a spe- 
cific provision to that effect, it would have any influence on the 
new powers conferred by this bill. 

Mr. HEARD. To meet the views of the gentleman from Min- 
nesota, the gentleman from Tennessee, I understand, will offer 
an amendment. 

Mr. BRECKINRIDGE of Kentucky. I would suggest to the 
gentleman from Minnesota this inquiry: Whether it is not al- 
ready part of the law that we have the power, whether it be ex- 
pressly reserved or not, to limit and exercise control over fran- 
chises so granted? 

Mr. LIND. It is doubtful whether we have it in the absence 
of a contract; except the right to exercise the power of eminent 
domain and condemn a franchise and to enforce police regular 
tions. 

Mr. BRECKINRIDGE of Kentucky. Is not' the gentleman 
committing himself to a rather dangerous doctrine as to the power 
of Congre-s in such matters'? The limitation, as laid down by the 
court in the decision of the Dartmouth College case, applied to 
the powers of the State under the Constitution, to pass laws im- 
pairing the obligation of contracts; but did not apply to the power 
of Congress. 

Mr. LIND. I will suggest to the gentleman from Kentucky 
that the Supreme Court of the United States has recently, in 
construing the provisionsof the fourteenth amendment, held'that 
that principle applies with equal force and efficacy to the laws 
enacted by Congress granting corporate charters. 

Mr. BRECKINRIDGE of Kentucky. I do not think it goes to 
the extentthat th ' gentleman indicates; and while I thoroughly 
agree that it would better be done, I would not like to sit by and 
have it. by reason of no protest, accepted as the opinion of Con- 
gress that Congress has not the power to amend or repeal a 
charter granted by it in the exercise of its constitutional rights. 

Mr. LIND. Further, in answer to the suggestion of the gen- 
tleman from Kentucky [Mr. BRECKINRIDGE], let me call his at- 
tention to the fact that we have never yet passed a bridge bill, 
or any franchise of that character, from which this reservation 
has been omitted. 

Mr. RICHARDSON. I suggest to my friend that this amend- 
ment can be made: 

That the District ol Columbia Suburban Railway Compan y Is hereby au- 
thorized. In addition to the privileges heretofore granted, and subiect to the 
conditions and limitations in the original charter, to construct andlay down, 
etc. 

Making it subject to the same conditions that are set forth in 
the original charter of the company. 

Mr. LIND. As to repeal or amendment? 

Mr. RICHARDSON. As to everything. 

Mr. LIND. But not having that charter before us now, what 
is the harm in referring to it specifically, that that power is re- 
served? 

Mr. RICHARDSON. I will make the amendment conform to 
the gentleman's wishes, if he will state what his wishes are. 

Mr. LIND. As to amendments and repeal. 

Mr. HEMPHILL. Why not put it at the end of the bill, as a 
separate section? 

Mr. RICHARDSON. Then, Mr. Speaker, I will put at the 
end of the bill the provision that Congress reserves the right to 
amend or repeal this charter at any time. 

Mr. HEARD. That is right. 

Mr. LIND. And to repeal the act of which it is amendatory. 

Mr. RICHARDSON. That is in the original bill, but I will 
insert it in this, too. 

The SPEAKER. The gentleman will send up his amendment. 

Mr. RICHARDSON. I offer the amendment which I send to 
the Clerk's desk. 

The Clerk read as follows: 

Amend section 1 so as to read as follows ; 

"That the District of Columbia Suburban Railway Company be, and Is 
hereby, authorized, in addition to the privileges heretofore granted, to con- 
struct, lay down, and maintain, subject to the conditions and limitations in 
the original charter," etc. 

And at the end of the bill Insert the following : 

"This act and the original act may be amended or repealed at any time by 
Concfress." 

The amendments were agreed to. 

The bill as amended was ordered to be engrossed and read a 
third time, and being engrossed, was accordingly read the third 
time, and passed. 

On motion of Mr. RICHARDSON, a motion to reconsider the 
last vote was laid on the table. 

The title of the bill was amended to conform to the body of it. 

RETURN OF A BILL TO THE SENATE. 

The SPEAKER. The Chair will lay before the House a reso- 
lution of the Senate, which the Clerk will report. 



The Clerk read as follows: 
=/';*?!"''■. '^''^' ""' Secrei.iry bo directed to request the House of Repre- 
An,^,^' .'■'iS '?oJfl"'° '? "i® ^'•■°='l'' ""' ''"' <«• 3»' ) to amend an act approved 
ffn?,^!^ a.l.'^'i!" relation to the jurisdiction of the cirvult courts of the 
Umted States, chapter 86, Statutes at Large, page 133. 

.'^^®,?F'^^KER. Without objection tho request of the Sen- 
ate will be complied with, and tho bill returned. 
There was no objection, and it was so ordered. 

FORTIFICATIONS APPROPRIATION BILL. 

Mr BRECKINRIDGE of Kentucky. Mr. Speaker, 1 desire 
to submit a report on the fortilications appropriation bill. It 
will take but a moment, I think. 

The SPEAKER. Thegentleman from Kentucky [.Mr. Bkkck- 
INHIDGE] submits tho conference report on tho fortilications ap- 
propriation bill. The Clerk will read tho statemontof the llouso 
conferees. 

The Clerk read as follows: 

The managers on the part of the House of the conf.-ronco on the dlsairreo- 
Ing votes of the two Houses on the amendiii.-iii^ .,f th,- s.m lu^ t,, ii,.- iiiu , ii 
K. 99231 making appropriations for tori! 
fenso, for the armament thereof, for the i 

trial and service, and for other purpo-. , 

statement in explanation of the eileci ut m- : iii«.m ai.U r«c- 

loinniended in the accompanying conference i, ■, • 

On amendment numbered I : Approprlat.-; « ■ i.o»e<l by the Son- 

ate, for the consiruotlun of gun au.l mor' .: 

On amendment nuniliered 2: .-Vppropri Instetid of Wmi 000 as 

proposed by the .Senate, for sites t<jr torn .d seacoast defenses. 

On anieiulmeut numbered 3: Aiiproprlut.s ?i')i>o, as propo-ied by the 
House, instead of liS.OOO, as proposed by the Senate, for preservallim and 
repair of fcinitlcathms. 

OnamendmintnumbereJJ: Authorlzestheu " roprlallons 

heretofore made tocnahle the Hoard of Ordiii ,. i lo pro- 

cure and test one 12-lnch elevating carriage of .. -11 

On amendment numbered !>: .•\pi)r<ipriateM t,.<i,(>>i. ^,s ; v the 

Senate, instead of ».SU0.(X)J, JUS propu.^-e 1 bv the House, lo i pay- 

ments that may become duo In the jiurchase or manufan,, . und 

llxtures for the Army gun factory at WatervUet. for steel m.irtir-* tur oil- 
tempered steel, and for gun carriages, under contracts heretofore author- 
ized. 

On amendments numbered 0,7, 8, and 9: Strikes out tho provision pro- 
posed by the Senate authorizing contracts to be entered Into lor 1-J-liich 
steel breech-loading rllle mortars, at a cost not excenJlng t30o c>,o and to 
pay therefor, during the llscal year IN94, tlOU.OOU. 

Onamendineni mimbcrod 10: Strikes out the provision proposed by the 
Senate, authorizing tho appointment of one additional clvfllan ni"m'<»r of 
the Board of Ordnance and I'^ortlllcatlon, and iirovldes. as ; - ■ -•■•■■.. 
Senate, that hereafter no person shall be a nieiiiber ol ■ 
Hoard who has been iir Is in any manner Interested In any 1 
or patent which, or anything similar to which, has lieen c.i.r.,.,. c... ,., „,,,j 
be considered by or conio liefore said Board f<jr test .and adoption, or who 
Is connected with or lu tho employ of any manufacturer who lias or shall 
have contracts with tho United States for any ordn:iT '-..-i .i 

The bill, as liuallyagrccd upon, appropriates f'„*.',;i(i more 

than as it passed the House, »!,'), "no less than as li ■. (5,- 

1()-,:^U less than tho estimates, andt.v:i,'J2l less than li ;.ou ap- 
propriation act. 

WILLIAM C. P. IIRECKINRIDGK, 
L. F. LIVINGSTON. 
WILLIAM COGSWKLL. 

Miinagera on the part of tin Jfouie. 

Mr. BRECKINRIDGE of Kentucky. Mr. Spenkor, iinloss 
some explanation is desired, I ask the |)roviotis question. 

Mr. DINGLl'vY. I did not quite catch the amount that is au- 
thorized for the purpose of new sites. 

Mr. BRECKINRIDGE of Konticky. The conforonco report 
authorizes $175,000. When the bill was under consideration ray 
colleague from Maine [Mr. DiNOLii'i'] upon the coramittoo a.skcd 
a question which I was unable to answer. Since then I have 
obtained tho answer from Gen. Casoy and Gen. Flagler, and 
with tho consent of tho House I will simply print the replies in 
the Record. 

There was no objection. 

The documents referred to by Mr. Breckinridge of Ken- 
tucky are as follows : 

War Dep.\bt.ment, i; >«. 

Snt: Replying to telegram from your comir •, re- 

questing a statement showing what have been ■ ^ un- 

der approjirlations made in the several fortltlcati' ai .ii'i»:"" . for 

tho llscal years 1880 to 189^. inclusive, I have the honor to li .uen- 

tiou to the inclosed statement of exiienditures disbursed du: vears 

under the direction of the Chief of Engineers. 
The Chief of Ordnance reports as follows: 

"The disbursements by the Ordnance Department nnder 'Armament of 
fortitlcatlons' and Army gun factory' during the fiscal years mentioned 
herein are as follows: 

ias9 ?■::= 'T: n 

1890 

1891 ' 

1892 - • I 

"The appropriations for -fVrmy gun factory are not under the liea<l ut 
'Armament of fortilications,' but as both are In the formications arts it is 
thought both may be desired. 

"The above includes nothing for fortilications; these expenditures are 
made by tho Engineer Corps. 

•The dlscrep;incv between expenditures and appropriations for each year 
is duo to the fact that most of the contracts made under appropriation acts 
require several years for execution," 
Very respectfully, 

L. A. GRANT. 
AttttlanI Sfcretaryo/ ^yar, 

The Cbaiuman of the Committee on Appropriations. 

ifoa$e of Btpruentattca. 



XXIV- 



-97 



1538 



OONGEESSIONAL RECORD— HOUSE. 



Febeuaey 13, 



statement shouing such part of the animal expenditures under a2>propriationa made in the several fortijlcalion acts from the fiscal year ISSO to ib93, inclusiie, as 

were disbursed under the direction of the Chief of Engineers, United States Army. 



Appropriations. 



Preservation and repaii* of fortifications 

Seawalls and pmbankmeuts 

Torpedoes for harbor defense 

Armament tor fortifications 

Plans for fortilications 

Construction of counterpoise battery 

Gun and mortar battery 

Sites for fortifications and seacoast defenses .. 

Fort Marion, V\& 

Sea wall. Governors Island. New York Harbor 
Protection of shore, Fortress Monroe.. 



$65, 037. 84 
2S, 009. 16 
30, 100. 00 



Total. 



123, 137. 00 



$95,767.61 

72,940.69 

OT5, 500. 00 

300. 00 

5, 000. 00 

2, 600. 00 



452, 108. 20 



1891. 



146, 

253, 

15, 

5, 

5, 



173 
300. 
282. 
123. 
250. 
600. 
158. 
898. 
000. 
000. 
000. 



820, 786. 27 



18S3. 



$83,261.22 
2, 000. 00 

186,851.78 
70, 000. 00 
6, 750. 00 



800, 388. 13 
592,000.63 



38,000.00 
22,000.00 



1,801,851.76 



Total. 



$354. 

109, 

766, 

70, 

14, 

5. 

946, 

846, 

1.5, 

43, 



230.37 

249. 75 
734. 04 
423. 91 
0(».00 
200.00 
516.17 
498.99 
000.00 
000.00 
000.00 



3, 197, 883. 23 



jANCrABY7, 1893. 

The previous question was ordered. 
The confci'cnce report was agreed to. 

On motion of Mr. BRECKINillDGE of Kentucky, a motion to 
reconsider the last vote was laid on the table. 

?ITOL, NORTH O STREET AND SOUTH WASHINGTON RAILWAY 
-^ COMPANY. 

Mr. HEMPHILL. Mr. Speaker, I call up for consideration 
the bill (S. 2852) to change the name of the Capitol, North O 
Street and South Washington Railway Company. 

The bill was read, as tollovvs: 

Be it enacted, etc.. That the name of the Capitol, North O Street and South 
Washington IJailway Company be, and the same is hereby, changed to "The 
Belt Railway Company:" Provided. That said change shall not affect pend- 
ing suits against said company nor the enforcement of existing contracts 
with said company. 

The bill was ordered to a third reading, and it was accordingly 
read the third time, and passed. 

BOARD OP CHARITIES, DISTRICT OF COLUMBIA. 

Mr. HEMPHILL. Mr. Speaker, I now call up the bill (H.R. 
9813) to create a board of charities, etc., in the District of Co- 
lumbia. 

The bill is as follows: 

Be it enacted, etc.. That there shall bo created in and for the District of Co- 
lumbia a board to be known as the Board of Charities for the District of Co- 
lumbia, to be composed of five members, who shall serve without compen- 
sation; the said board to bo a body politic and corporate, and to have the 
powers and to be constituted in the manner hereinafter provided. 

Sec. 2. That the members of the board of charities shall bo appointed by 
the President of the United States upon the recommendation of the District 
Commissioners; Provided. That there shall always be at least one represent;i- 
tive of each sex upon the Ijoard. Of the five members first appointed after 
the passage of this act two shall serve for one year, two for two years, and 
one for three years. Thereafter all aiipoiutments except such as shall be 
made for the remiiinder of unexpired terms shall be for the term of three 
years. The President of the United States, upon the recommendation of 
the District Commissioners, may remove any member of the board of chari- 
ties. 

Sec. 3. That the board shall elect from among its own members a presi- 
dent and vice-president, who shall severally discharge llie duties usual to 
such offices, or such as the by-laws of the board may prescribe. 

Sec. 4. That the board shall further appointas secretary some thoroughly 
experienced and otherwise suitable person, not a member of the board. Tlie 
said secretary shall have power, under the direction of the board, to repre- 
sent it in all matters of investigation and visitation, to conduct the office 
business, and to draft its annual report. He shall be entitled to compensa- 
tion at the rate of $3,0ii0 per year. 

Sec. 5. That the board of charities for the District of Columbia shall have 
all the powers and be charged with .all the duties heretofore belonging to the 
superintendent of charities, save only that the District Commissioners shall 
have power to revise its estimates and to incorporate the same with their 
own estimates from year to year. The board of charities shall further have 
full i^owers of investigation, rej^ort, and estimate as regards the Refomi 
School for Boys of the District of Columbia, the Girls' Reform School, the 
Washington Asyltim, and all charitable institutions that care for the poor of 
the District and that are supported in whole or in part by public appropria- 
tions. 

Sec. 6. That the superintendent of ch.arities for the District of Columbia 
shall serve as acting secretary of the board of charities from its organization 
until a date nut later than the 1st day of August. 1893, on and after which 
date the office of superintendent of < li'arities for tlie District of Columbia is 
hereby abolished. Any appropriations that may have been made for the 
supermtendent of charities shall be available after the abolition of saldofflce 
for the use of the board of charities. 

Sec. 7. That this act shall talie effect from and after its passage. 

Mr. MEREDITH (interrupting- the reading). Mr. Speaker, I 
make the point of order against this bill that it should be con- 
sidered in Committee of the Whole. It carries an appropriation 
of $.3,000 in the section just read bv the Clerk. 

Mr. HEMPHILL. Mr. Speaker, I ask that the bill be con- 
sidered in the House as in Committee of the Whole. It does not 
make any difference, and it will save time. 

The SPEAKER. The gentleman from South Carolina [Mr. 
Hemphill] asks unanimous consent that this bill be considered 
in the House as in Committee of the Whole. Is tliere objection? 

Mr. MEREDITH. I will have to object. 

The SPEAKER. The gentleman from Virginia objects. 



THOS. LINCOLN CASEY, 
Brigadier- General, Chief of Engineers. 

Mr. HEMPHILL. I will state, Mr. Speaker, that this super- 
intendent of charities gets a salary of 83,000 a year, and this bill 
pro]joses to make him secretai-y of this board with the same 
salary and no additional salary over that which he is now get- 
tiiif^-. The bill does not make any appropriation. 

The SPEAKER. It is a charge uijon the Treasury. 

Mr. HEMPHILL. It simply provides that an officer already 
in existence shall be known by a different name, ana shall draw 
the same salary that he already does. It does not appropriate 
any money for it. 

The SPEAKER. Section 4 of the bill does not limit the ap- 
pointment to any particular officer. It says: 

The board shall further appoint as secretary sotne thoroughly experienced 
and otherwise suitable iierson not a member of the board. 

And it provides that ho shall have a salary of $3,000 per year. 

Mr. HEMPHILL. I do not think it is a matter of any conse- 
quence one way or the other whether it is considered in com- 
mittee or in the House as in Committee of the Whole. I ask the 
gentleman from Virginia [Mr. Meredith] not to press that point, 
as it simply loses time; and he will not lose any of his rights. 

Mr. MEREDITH. Mr. Speaker, this bill is objectionable, be- 
cause it places under this board of charities the Reform School 
for Boys. Now, that comes properly under the Department of 
Justice; and I do not think the board of charities ought to have 
anything to do with a school that is now operated under the At- 
torney-General, who has control of this matter. I do not think 
this a proper bill, and that is the reason I make the point. 

I*Ir. HEMPHILL. So far as I am concerned, I will say to the 
gentleman that he can olTer an amendment that the Reform 
School for Boys be stricken out. There is some qtiestion as to 
wliether that is entirely a penal or a charitable institution, and 
it does not make any difTorence one way or the other, so far as 
this* bill is concerned. 

Mr, MEREDITH. It my friend will accept an amendment 
striking that' school out of the bill, I have no objection to the 
bill. 

Mr. HEMPHILL. I will accept such an amendment. 

The SPEAKER. Without objection, the bill will be consid- 
ered in the House as in Committee of the Whole. 

There was no objection. 

Mr. DOCKERY. I should like to inquire of the gentleman 
wliat is the purpose of tho bill? 

Mr. HEMPHILL. The purpose is simply a reorganization of 
tho board of charities here, making it a board consisting of five 
persons in the District of Columbia, who receive no compensa- 
tion at all, a public official board in conjunction with tho super- 
int ndent of charities, and he is to act as their secretary at a 
compensation already provided for. 

Mr. DOCKERY. What relation, if any, will this board have 
to the board of children's guardians? 

Mr. HEMPHILL. It is only another branch of the charities 
of the city. It does not relate to the Board of Childrens' Guard- 
ians. It puts under the supervision of this board all the chari- 
ties and charitable institutions of the city. The superintendent 
is to cooperate in conjunction with the Board of Charities and 
make reports to Congress as to the number of persons connected 
with these charities. It makes no appropriation of money. 

Mr. DOCKERY. I shall not interpose an objection to the 
pa.ssage of this bill. I defer to the judgment of the Committee 
on the District of Columbia; but I wish to say, in this connection, 
that the Board of Childrens' Guardians, created by an act of the 
last Congress, seems for some reason, I am not clear as to just 
what it is, to be very satisfactory in its operation. 

The SPEAKER. The Clerk will continue the reading of the 
bill. 

The reading of the bill was resumed and concluded. 



1893. 



COXGEESSIOJ^TAL EECOED— HOUSE. 



1547 



encountered every time they leave tbe grounds. I submit that if 
you shut up these liquor saloons within one mile of any homo it 
will tend toromove temptations of this kind, and will bo for the 
moral, spiritual, and temporal welfare of those unfortunate 
people who are there as inmates. 

Mr. MEREDITH. I would like to ask the gentleman whether 
such a law will prevent any inmate of the Soldiers' Homo from 
crossing the mile limit, buying a bottle of whisky, and taking it 
back with him to get drunk on? 

Ml'. CAMPBELL. As they do now. 

Mr. MEREDITH. As they do now, and have been doing right 
along (so the governor of the home here has informed us), to the 
utter demoralization of the good order and discipline of the 
home. 

_ Mr. MORSE. I think I have already answered that suggres- 
tion of the gentleman. I ask for a vote on my amendment. 

The question being taken, 

The SPEAKER. The noes seem to have it. 

Mr. DINGLEY. I call for a division. 

The question being again taken, there were — ayes 22, noes 54. 

So the amendment was rejected. 

The Clerk read as follows: 

Sec. 19, That no licensee under a barroom license shall employ, or permit 
to b? employed, or allow any female other than his wife, dauiihtor, mother, 
] or sister to sell, give, fm-nish, or distributo any intoxicating dvlnlis or any 
! admixture thereof, ale, wiue, or beer to any person or persons, nor permit 
j the playing of ]iool, or billiards, or other games in the room where such liq- 
uors are sold : Provided, That the excise board may, in its discretion, permit 
the playing of such games, except cards, ui duly licensed places. 

Mr. LONG. I offer an amendment to this section. 

The Clerk read as follows: 

Add at the end of section 19. on pace 12; 

'■ That no licensee in any place shall knowingly sell or pei-mit to be sold in 
his establishment any Intoxicating liquor of any kind to any person imder 
the a:;e of 31 years, under the penalty upon due com-lction thereof of forfeit- 
ing such license, and no person so torf ietlng his license shall again be granted 
a license for the term of two years." 

jNIr. LONG. I do not think there will be any objection to that 
amendment. 

The amendment was adopted. 

Mr. DINGLEY. I move to amend, in .section 19, by striking 
out of lines 2 and 3 the words "other than his wife, daughter, 
mother, or sister." 

This is a provision that allows a saloon-keeper to put his wife, 
daughter, mother, or sister in a saloon for the purpose of dis- 
pensing into.xicating liquoi's. It seems to m .^ that for this Con- 
gress to pass a law authorizing the keeper o ' such an establish- 
ment to place women to dispense liquors in t jir various saloons 
would be simply an outrage. Let women be kept from such 
places as these at least. 

The amendment was adopted. 

The Clerk I'esumed and concluded the reading of the bill, as 
follows: 
i Sec. 30. That in the interpretation of this act words of the singular num- 
ber shall be deemed to Include their plurals, and that words of the mascu- 
line gender shall be deemed to include the feminine, as the case may be. 

Sec. 31 . That this act shall be in lieu of and as a Siibstltute for all existing 
laws and regulations in the District of Columbia In relation to the sale of 
distilled and fermented liquors In the said District, and that all laws or parts 
of laws inconsistent with this act be, and they are hereby, repealed. 

Mr. PICKLER. I want to ask the attention of the chairman 
of the committee for a moment to a provision which we have al- 
ready passed over, beginning with the last line on page 11, in 
the following words: 

rrorided. That the excise board may, in their discretion, permit the play- 
ing of such games, except cards, In duly licensed places. 

Now, the first provision of this section prohibits the playing 
of pool or billiards or other games in the room where such 
liquors are sold. Does not this latter provision nullify what we 
have already done? Why should they be prohibited in one place 
from doing this thing and permitted in the ne.^t paragraph to 
do what they were forbidden to do? 

Mr. HEMPHILL. As I understand the meaning of this sec- 
tion it is that they can not play any of these games in any of the 
places where liquors are authorized to b.? sold, but that the ex- 
cise board may grant a license by which such permission may be 
granted in such building, provided it is not in the same room 
where the liquor is sold, except as to the playing of cards, which 
is prohibited absolutely. 

Mr. PICKLER. I think that is not the proper construction of 
it. It says that thej' shall be prohibited from doing a thing, and 
then provides that it may be done by getting a license. 

I simply call the gentleman's attention to it, as it seems to be a 
contradiction. 

Mr. HEMPHILL. I think the object is to prohibit these 
games in saloons where liquor is sold unless, in the judgment of 
the board of excise, the parties get a license for that purpose. 

Mr. JOSEPH D. TAYLOR. I offer an amendment to this 
paragraph. 



The Clerk read as follows: 

Amend section 31, page 13, by .adding, after the word "DlBtrlct," tba words 
except laws which are applicable to the Solaiers' Home " 

Mr. JOSEPH D.TAYLOR. Mr. Chairman, it has boon aU 
the time a matter of some doubt in regard to whicli the chair- 
man of the committee has not given a decided opinion, one way 
or the other, whether this bill does or does not repeal the ono- 
milo limit from the Soldiers' Homo. 

It seems to me the way the amendment was pronowd bv the 
gentleman from Massachusetts was rutin ' " , 

law, or a new provision, and was the: 
objectionable. But now, when wo havo . ...^^ .^ , 
of the bill, and are providing what laws shall b 
ought to except from repeal this law which hasbi . 
for some years in regard to the Soldiers' Homo. 

I do not think that this House wants to assume the rcspousi- 
bility of repealing that law. It has not had any considerulion. 
The people of this city, so far as I know, are not aware that tln.uv 

iscouchod in this bill that provision, or any jirovision. : '■ - 

or repealing that law. I believe if tlicv were aware 

the fact were generally known in the District, there w. ,_ 

been a largo attendance of the District jjeoplo boforo the com- 
mittee protesting against the repeal of the ono-milo limit. I 
think, therefore, in justice to the people of Ibla District, in jus- 
tice to the soldiers and to the Soldiers' Home, that thus question 
should not be considered in this way. I therefore ask the adoi>- 
tion of this amendment, which simply retains the present law 
and prevents the repeal of the one-mile limit. 

Mr. DINGLEY. I will suggest to the gentleman from Ohio 
that the amendment might better come in in lino 5, after the 
word "'act." 

I\tr. JOSEPH D. TAYLOR. At the suggestion of the gen- 
tleman from Maine [Mr. DikgleyI I offer the amendment to 
coruo in the fifth line after the word "act." It has the apj)roval 
of the chairman, as I understand it, and I think it will have the 
approval of the House. 

The SPEAKER. The Clerk will report the amendment of- 
fered by the gentleman from Ohio [Mr. JOSEPH D. Taylor]. 

The Clerk read as follows: 

In section 21, inline 5. after the word "act." lusert the"wo«l8, "except 

laws which are applicable to the Soldiers' Home." 

Mr. JOSEPH D. TAYLOR. I wish to modify my amend- 
ment so that it will read: 

Except such laws as are applicable to the sale of liquor within one mile 

otth-j Soldiers' Homo. 

That is more explicit, and, I think, better language. 

The amendment was agreed to. 

Mr. HEMPHILL. I demand the previous question. 

Mr. CAMPBELL. With the consent of the gentleman from 
South Dakota [Mr. Pickleu] I want to call up an amendment 
that was adopted, to come in at line 13, on page 3. I would like 
to ask the gentleman from South Carolina [Mr. He.mphill] to 
withhold his demand for the previous question in order that I 
may make a brief statement. 

Mr. HEMPHILL. I do not know what the gentleman's 
amendment is. 

Mr. CAMPBELL. It is simply a modification of the amend- 
ment offered by the gentleman from South Dakota [Mr. PlCK- 
lek], and he is willing to have it modified, as I understand. 

Mr. PICKLER. I do not want to agree to anything. What 
is it you want? 

Mr. CAMPBELL. I want to explain to the House that some 
years ago there was a question raised about the law in the Dis- 
trict of Columbia, in relation to the sale of intoxicating liquors. 
Certain hotels claimed that they had certain rights, and a test 
case was made 

Mr. HEMPHILL. We have agreed on the provision with 
reference to hotels. 

Mr. CAMPBELL. Wait one moment. The amendment of- 
fered by the gentleman from South Dakota [Mr. Picklkr] pro- 
vides that any person who has been convicted of a violation of 
the law shall be refused a license. As I say, a ' ' 
made to determine what the rights of the hole! 

and if I understand the amendment offered by l.. ^ - i 

from South Dakota [Mr. Picki^er], it would prevent ihese i)co- 
plc from getting a license, and I do not want the low to bo re- 
troactive. I ask to modify it so tliat it will apply to people here- 
after convicted of violating the law. 

The SPEAKER. It requires unaniir. nt to go back. 

Mr. HEMPHILL. The point as 1 i; it i.s, that the 

amendment offered by the gemleiuiiu u i DaK^.t'i i\ii- 

Pii'K'r..GK] will operate as an ex p's/ n-lo law, and jire 
sons who have been convict-jd under the old law from s > 

license. He projiosos toconline it to those who shall Ijo here- 
after convicted, which I think would be proper. 

Mr. CAMPBELL. If the law were t j be retroactive, I know 



1548 



CONGRESSIONAL RECORD— HOUSE. 



Febkuaiiy 13, 



of a case in which it will bring hardship to some of the very best 
people in the District. 

The SPP:AKER. If there be no objection, the word " here- 
after " can be inserted. 

Mr. HEMPHILL. So that it will read: 

Shall lie hereafter coriYlctcd. 

The SPEAKER. It can be inserted if there is no objection. 
Will the gentleman from New York [Mr. Campbell] indicate 
the point at which it should be inserted? 

Mr. CAMPBELL. Page 3, line 13. 

There was no objection 

Mr. PICKLER. I would like to hear how that modilication 

The SPEAKER. The Clerk will report the text as amended 
now. 

The Clerk read as follows: 
0:i page 3, line 13, Insert: "shall hereafter be eonvicteJ." 

Mr. CAMPBELL. I do not want any retroactive legislation. 

Mr. HEMPHILL. Mr. Speaker, the amendment, as the Clerk 
has read it, does not make sense. The word '• hereafter " ought 
to be inserted in the amendment which was offered by the gen- 
tleman from South Dakota [Mr. Pickler]. 

Mr. PICKLER. I think there is some force in what the gen- 
tleman says, but I do not want to change my amendment. 

Mr. HEMPHILL. That is all we can do anyhow, and so far 
as the gentleman's amendment is retroactive, it will not have 
any force. . 

Mr. CAMPBELL. It does no harm to mo.lify it, when the 
modification is satisfactory to all parties. 

Mr. HEMPHILL. If you will indicate the place where it 
should be inserted, wo will do it. 

Mr. CAMPBELL. I understand it has all been fixed by the 
Clerk. 

Mr. HEMPHILL. Lot it go, and it vv^ill be fixed hereafter. I 
demand the previous question. 

The SPEAKER. The gentleman from South Carolina de- 
mands the previous question. 

The previous question was ordered. 

The bill as amended was ordered to be engrossed and read a 
third time, and being engrossed, was accordingly read the third 
time, and passed. 

On motion of Mr. HEMPHILL, a motion to reconsider the last 
vote was laid on the table. 

WASHINGTON AND GEORGETOWN TERMINAL RAILWAY COM- 
PANY. 

Mr. HEMPHILL. Mr. Speaker, I ask to call up the bill (H. 
R. 9229) to incorporate the Washington and Georgetown Ter- 
minal Railway Company. I think this bill affects some portion 
of the streets in the eastern part of the city, and I ask that the 
bill be considered in the House as in Committee of the Whole. 

There was no objection. 

The bill was read, as follows: 

Be it enacted, etc.. That E. Kurtz Johnsfiu, E. Southar a Parker, Samuel 
Ross L. G. Hlue, William A. Wimsatt, J. B. Rank, and Andrew B. Duvall. 
with their associates and assigns, be, and they are hereby, created a bo.ly 
corporate, under the title of the Washington and Georgetown Terminal Rail- 
way Company, and by that name shall have perpetual snecessiou, and shall 
be able to sue and be sued, plead and be impleaded, and defend and be de- 
fended in all courts of equity, and may make and have a common seal, and 
have the same altered at their pleasure. 

Sec. 2. That the capital stock of the said company shall consist of 500 
shares of $50 each, with the power to increase the same from time to time as 
may be necessary to carry out the purposes and objects of its charter, but 
not exceeding In all $300,0"l)0; that the said company be, and It is hereby, au- 
thorized to issue bonds and to secure thesame by a mortgage on Its property, 
right of way, and franchises: Provided, however. That the issue of bonds 
shall at no time exceed the amount of the paid-up capital stock of the said 
company. „ , . ^ ^, 

Sec 3. That within t wentv days after the passage of this act the corpora- 
tors named in the nrst section hereof, their associates, successors, and as- 
signs, or a majority of them, or if any of them refuse or neglect to act, a 
majority of the remainder, shall receive subscriptions to the said capital 
stock at some convenient place in the District of Columbia, first giving ten 
days' notice of the opening of the books therefor by advertisement in a 
daily paper published in said District. Every subscriber shall pay at the 
time of subscribing 25 per cent of the amount by him subscribed, or his sub- 
scription shall be null and void, and nothing shall b.e received m payment 
of the said subscription except lawful money or certitled checks of a national 
bank. When the books of subscription of the said company shall have been 
closed the corporators named in the first section, their associates, succes- 
sors, and assigns, or a majority of them, and in case any of them refuse or 
neglect to act, then a majority of the remainder, shall, within twenty days 
thereafter call a meeting of the stockholders of the said company to meet 
within ten days thereafter to choose directors, of which public notice shall 
be given fur flVe days prior thereto in two daily newspapers published in the 
city of Washington: and in all meetings of the stockholders each share shall 
entitle the person holding the same to one vote, to be given In person or by 

Sec 4 That the government and direction of the aCalrs of the company 
shall bo vested in a board of directors, seven In number, who shall be stock- 
holders and who shall hold ofHce for one year, or until their successors are 
elected and qualified, and the said directors, a majority of whom sh^ijCo^ 
stitnte a quorum, shall elect one of their number from the board tojiWip^^ 
dent, and shall also choose a vice president, secretary, and treasm-er, and 
Buch other offlcers as may be, in their judgment, necessary to transact the 



business of the company. The said dli-ectors ehall have the power to make 
and prescribe the needful by-laws, rules, and regulations for the government 
of the company, and shall fix the times for payment of the amounts due on 
subscriptions to the cai^ttal stock thereof. 

Sec. 5. That there shall be an annual meeting of the stockholders for the 
election of directors, to be had at such time and place, and under such con- 
ditions, and upon such notice as the said by-laws may prescribe. The prin- 
cipal offlce of the .said company shall be in Washington, but the company 
may establish offices at such other places as may be in its judgment neces- 
sary for the transaction of Its business. 

Sec. 6. That the said company shall have power, and is hereby authorized, 
to lay out, locate, construct, maintain, and operate a single or double track 
railroad in the District of Columbia, from a point at or near the north end 
of the Long Bridge over the Potomac River eastwardiy and southwardly 
along Water street toK street, and thence on andalong K street to a coimec- 
tlon with the Baltimore and Potomac Railroad near Third street southeast 
to a point on the Eastern Branch of the said Potomac River in the city of Wash- 
ington, with the power to make contracts, connections, and arrangements 
with other railroad companies in the said District of Columbia for the trans- 
portation of property and passengers over their roads, and the use thereof 
for such purposes, and to make leases with other connecting lines of rail- 
road; and it the terms of such user and the compensations to be paid such 
roads for the transportation of property and passengers can not be agreed 
upon, then the same shall be fixed by the supreme court of the District of 
Columbia upon proper proceedings had theretor. That the said corporation 
shall have authority to build and maintain a dock or docks on the Potomac 
River in west Washington between New Hampshire avenue and the Aque- 
duct Bridge, and at other points on the Potomac River adjacent to the line 
of its road, and to receive thereat and send therefrom barges, vessels, car- 
goes, and railway cars from and to any point on the line of the r.allroad 
hereinabove authorized to be constructed, and from and to points on the Po- 
tomac River; and the said company shall have the power to build ware- 
houses and depots at any point near the docks aforesaid, west of Twenty- 
seventh street and south of K street northwest in the said city of Washing- 
ton and in west Washington, and at points along the line of its road, and 
to construct sidings, turn-outs, turntables, and switches necessary for the 
delivery of cars to said warehouses and depots and to connect the same 
with other railroads in west Washington, or Georgetown, and to cross any 
streets or alleys necessary for that purpose, and to operata the said road 
by steam, horse, or electric power. 

'Tlie construction of said road and of the switches, sidings, and connections 
hereinbefore authorized shall be under the supervision of the Commisslcmers 
of the District of Columbia, who shall make such reasonable regulations as 
may be deemed proper to prevent the said railway company from unneces- 
sarily obstructing any of the streets or tracks which its line of road may 
cross and who may prescribe reasonable penalties for any violation of such 
regulations: Proiuleil, That when the route of said road coincides with the 
duly .authorized lines of any incorporated street railway of the District of 
Col'umbia, said company shall lay separate and independent tracks in the 
ori"mal construction of the said road whenever. In the judgment of the 
Coinmlsslouers of the District of Columbia, it shall be deemed by them pos- 
sible and practicable so to do. But whenever the foregoing route shall so 
coincide, either or both companies may use the same tracks when, on ac- 
countof the width of the streets or for other sufflclent reason, it shall be 
deemed by the Commissioners of the District to be practicable and neces- 
sary and in such case they may use such tracks in common upon such fair 
and equitable terms as may be agreed upon by the said companies, and in 
the event said companies fall to agree upon equitable terms, either of the 
Slid companies may apply by petition to the supreme court of the District 
of Columbia, which shall hear and determine the matter in due form of law 
and adjudge to the proper party the amount of compensation to be paid 
therefor Said railway shall bs constructed of good materials and in a sub- 
st intial manner, with the rails laid upon an even surface with the p:ivement 
<it the street with the gauge to correspond with that of the steam roads 
lor- ited in the District of Columbia, all to be approved by the Commission- 
ers of the Distrlctof Columbia, 

t;^.,. 7 That if the said corporation can not agree with the owner or owners 
for the purchase, use, or occupation of land tor the right of way, or any other 
property adjacent to the said road and required for its construction or im- 
provementlrom time to time, and for its depots and other purposes.m connec- 
tion with the use of said ro.adornecessary for the enjoymsutof the powers 
herein granted, the said property may be acquired by the said company in 
the manner provided by .sections numbered 648 to «8J, both inclusive, of the 
Revised Statutes relating to the District of Columbia; condemnation of 
uropertv in west Washington shall bo confined to property west of Thirty- 
second street and east of Thirtv-sixth street; but nothing herein contained 
.shall .authorize the condemn:v'tion of any church or school property: And 
'nroDidrd further. That the construction of the said road shall be commenced 
within one year and finished within three years after the passage of this 
act, unless prevented by legal proceedings or other matters beyond the con- 
troiof the said company. . ..,_,, i. 

Sec 8 Thatallaclsor parts of acts inconsistent herewith are hereby re- 
pealed, and Congress hereby reserves the right to alter, amend, or repeal 
this act. 

The amendments recommended by the committee were read, 
as follows: 

insert in the seventh line of section 6, after the word "a," the words "con- 
nection with the Baltimore and Potomac KaUroad near Third street south- 
east ■' and in the twenty-ninth line, same section, after the word ■■street, 
bv tiie insertion of the words "northwest in the said city of Washington and, ■ 
ami in the thirty-second line of same section, after the word '■ or. " by t he inser- 
tion of the words "west Washington," and in the seventh section, eleventh 
line aft=r the word "Columbia," by the Insertion of the words "couderaua- 
tiou of property iu west Washington shall be confined to property west of 
Thirty-second s'treet and east of Thlrtv-sixth street." and In section 8. line 1. 
"all acts or parts of acts inconsistent herewith are hereby repealed and." 

The SPEAKER -pro tempore. Without objection the amend- 
ments will be considered as agreed to. [After a pause.] The 
Chair hears none, and it is so ordered. 

The bill as amended was ordered to be engrossed for a third 
reading, and being engrossed, it was accordingly read the third 
time, and passed. 

On motion of Mr. RUSK, a motion to reconsider the vote by 
which the bill was passed was laid on the table. 

^ PECIAL TAXES IN THE DISTRICT OP COLUMBIA. 

M^HEMPHILL. Mr. Speaker, I desire to call up the bill 
S. 3383, which has been reported, but the report has not been 



1893. 



CONGRESSIONAL RECORD— HOUSE. 



1549 



pi-inted. It is a very short bill and will be easily understood by 
the House. 

The Clerk read as follows: 
A bill (S. 3383) to amena the act ol May 6, 1890, flxing the rate of Interest to 

be charged on arrearages of general and special taxes now aue the District 

of Columbia. 

Be It enacted, etc.. That all persons whose property was Involved in suits of 
law, or where minors were owners at the time the arrearages of taxes were 
received at G percent, and penalties off, may, within six months from the 
date of passage of this bill, have the privilege of paying said arrearages of 
taxes up to July 1. 189-, with remission of penalties, and interest to bo com- 
puted at the rate of 6 per cent per annum. 

Mr. HEMPHILL. I ask that the substitute reported by the 
committee be read, and that the bill be considered in the House 
as in Committee of the Whole. 

The SPEAKER pro tempore. Is there objection to th6 request 
of the gentleman from South Carolina? 

Mr. BUSHNELL. I would like to know what the bill is before 
that is agreed to. 

The SPEAKER pro tempore. The Chair understands the gen- 
tleman from Wisconsin desires to know the character of the bill. 

Mr. HEMPHILL. The bill will explain itself if the fjontleman 
will permit'it to bo road, and then if necessary I will make an 
explanation of it. 

Mr. BUSHNELL. Very well. 

The SPEAKER pro tempore. The gentleman from South Car- 
olina [Mr. Hemphill] asks unanimous consent that the substitute 
be considered in lieu of the original bill. 

Mr. BLOUNT. I want to hear it read. 

There was no objection. 

The substitute was read, as follows: 
A bin to amend theactof May 0, 1890, flxing the rate of interest to becharged 

on aiTearages of general and special taxes now due the District of Colum- 
bia, and for other purposes. 

Section 1. Be it enacted, etc., That all persons whose property was involved 
in suits of law or equity, or >vhere minors were owners at the time the arrear- 
ages of taxes were received at 6 per cent, and penalties off, may, within sbc 
months from the date of passage of this bill, have the privilege of paying 
said arrearages of taxes up to July 1, 1892. with remission of penalties, and 
interest to be computed at the rate of 6 per cent per annum. 

Sec. 3. That all the drawback certificates outstanding, issued by the Com- 
missioners of the District of Columbia under the act of June 2, 1 890, shall be 
receivable for all arrears of general taxes due and unpaid to Juno 3ii. 189-.;. 

The SPEAKER jno tempore. The gentleman from South Car- 
olina asks unanimous consent that this substitute be considered 
in the House as in Committee of the Whole. Is there objection? 
[After a pause.] The Chair hears none. 

Mr. HEMPHILL. Mr. Speaker, I want to say that sometime 
ago a bill was passed authorizing persons to pay taxes with in- 
terest at 6 percent, instead of 10 and 15, as the law stood. But 
there were some cas -s where the property was in liliyation, or 
controlled by minors. This bill seeks to provide for persons 
whose property was in litigation where the taxes had accumu- 
lated, and they were not able to pay. They are authorized to 
]iay these taxes now with interest calculated at (i per cent, and 
to do so in certificates that are now authorized to be received in 
payment of taxes. 

The bill was ordered to a third reading; and it was accordingly 
read the third time, and passed. 

The SPEAKER pro tempore. Docs the gentleman desire that 
House bill 9998, on the same subject, lie upon the table? 

Mr. HEMPHILL. Yes, sir. 

The SPEAKER pro tempore. Without objection, that order 
will be made. 

There was no objection, and it was so ordered. 

On motion of Mr. HEMPHILL, a motion to reconsider the vote 
by which the bill was passed was laid on the table. 

NAVAL APPROPRIATION BILL. 

Mr. HERBERT, from the Committee on Naval Affairs, re- 
ported the bill (H. R. 1048S) making appropriations for the naval 
service (or the fiscal year ending .Tune 'M, 1S94, and for other 
purposes; which was -referred to the Committee of the Whole 
House on the state of theUnion, and, with accompanying report, 
ordered to be printed. 

BANK HOLIDAY ON SATURDAY. 

Mr. HEMPHILL. Mr. Speaker, I call up Senate joint reso- 
lution 130, to amend an act entitled ''An act making Saturday a 
halt-holiday for banking and trust companies in the District of 
Columbia," approved December 22, 1892. 

The joint resolution was read, as follows: 

Besoleed bii the Senate and House of Jifprtsentalii'ea of the United Stales of 
America in Congress assembled. That section 1 of the act of Congr. ss approved 
necembersa. 1893, entitled "An act making Saturdayahalf holiday for b.anlt- 
Ing and trust company purposes in the District of Columbia," be, and It is 
hereby, amended so as to read as follows: 

■•That every Saturday which under existing laws shall not become a legal 
holiday in its entirety, in the District of Columbia, shall tliercin be a legal 
holiday from 12 oclock at noon, for all purpo.ses respecting the presentation 
for payment or acceptance or the protesting or giving notice of the dishonor 
of bills of exchange, bank checks, drafts, promissory notes, and all commer- 
cial paper ■jrhatsoever.whether made in or beyond the said District or whether 



made before or after the p,aKsage of this act, ;.• 

bank checks, drafts, promissory notes, and o 

wise would bedue and pavable or jt ■^'■nt-i':- 

said District on sui-h half-holiday > . 

orpresentable forac-eptanoe or pa . 

succeeding; Proiiilfl. hoiceier. \u : 

with Interest thereon to said date wU . .c mu 

such half-holiilay Saturday, before 1-Jo . 

"And all bills of exchange, bank cli.-.',_ .,:n- 

mercial paper whatsoevi-r, which 1- : 
able or presentable for acceptan 
which is a full le:;al holid.iy, or cm - 

sentable for aceplance or p.ayinent .>ii tlie -ccui.ir •jx L.'a-l;i._j a.i, in.-\i zsuc- 
ceeillng; and all acts and parts of acts, bo far as Inconsistent wuh ibis act, 
are hereby repealed." 

Mr. JOSEPH D. T.AYLOR. Mr. Spoaltor. I hope the ll.i .^o 
will give some att'-nliou to this bill, because it isa mutter of ^..iu,. 
importance not only to the District of ('oUitnbia but to oi i. r 
places. The joint resolution which is now |)roposed is iut. i.il.-.l 
to strike out a law which was recently enacted creating a Sa' k- 
day half-holiday and enact another in its stjud. The pr. ■ • 
law is a copy of the Baltimore city law. When the presein aw 
creating a Saturday half-holiday was passed it was not under- 
stood to create a compulsory half-hnliday. us the Recori) will 
show. The chairman of the cominiltoo "called up Si-nuti' bill 
3US, the title of which is: "Making Saturday a half-holiday 
where banks and bankers so elect." 

This bill, which was distributed among morabers, was sup- 
posed to be the bill which was being enacted. Isupposoil it was, 
and so did the chairman of the committee: but tlio bill which 
was read by the Clerk was a ditTerent bill. The bill he held in 
his hand had boon twice amended by the Senate, and the title 
had been changed, so that it was a dilfcr.'nt Idll altogether. Of 
course the chairman of the committee was not aware of this. Ho 
did not notice the error, as you will see from page 92 of the CoM- 
GKESSIONAL Rix'OKD dated December la, 1>S'J2. The Ukcx)UD 
says: 

Mr. Hemphiix. I report back favorably from the Commltt4M> on iho Din- 
trlctof Columbia the blU (S,3418) "making Saturday a balf-taollilay where 
banks and bankers so elect;" and I call up the bill for Imraedliito >'4iii»uiprii- 
lion. 

The bill before rao at the time wa-i Si-nati bill .'illS. muklnt; 
Saturday a half-holiday whore hanks and bankers so clotM; but 
it seems that the bill which was read by the Clerk wasadilTt-ront 
bill, and hence the bill which beeame a law was a dilTiT -ni bill. 
This Baltimore law, which is similar to the pres'-nt law, was 
passed in April last; and at the time it passed the Ix-^'isluluro 
of the State of .Maryland it had the approval of every bank in 
the city of Baltimore; but it has proved unsa'.i.-faetory, as I will 
show by some letters which I will send to the desk and a-k to 
have road. I hope that the House will hear thorn. 

The Clerk read us follows: 

Ameuic.vn National Bask, Ilaltimore, February >•. iKii. 

DEAU Sir: Replying to your favor of the 7th Instant, bcR to say that the 
Saturday half-holiday Is not observed by the hanks hero nl all. 

All of the banks keep open until 3 o'clock p. m, the same as any other week 

Notes maturing and payable on Saturday.^ and not paid are carried over 
until the toUowliig Monday, when. If not paid onthat day, they are prc.te.sted 
for nonpayment. 

Sigh; drafts if presented on Saturdays (prolostablei must be protesteU on 
that day; but we overcome that by not presonilnft same until Monday, be- 
cause tiie half day Is too short to do all the work of a day. 

Yours, etc., „ „ „„..^_„ „ », 

S. P. SCHOTT, Cathier. 
C. H. Davidge. E.sq., 



Cashier Ohio National Bank, 

The Clerk read as follows: 
Hopkins Place, 



Washington, D. C. 



National Exchanob Bank, 
Geuman anu Liuehty Stukkts, 

Baltimore, Fetinianj -, ;vir 
DEAR Sin: Replying to your letter of yesterday, would say that my Im- 
nresslon is that the majority of our b.anks llnd the salurd.ay balf-hollday 
bill very objectionable, and I think It altogeih.T likely that at the next 
session of the Legislature a vigorous etfori will b<> m:i'l- t.. hi-- ii ic- 
pcaled, or at least so modllled .as to apply only lo the - a 

period when our mercintllo houses generally close at : 
Aside tromltsiuconvenlence,thebUllsvery"cloudy"an; 'i 

It differently. 

Yonrsrespectfully. ^ ^^^^^ ^^,,^^ 

^ — Gf-»;«SWKE, Esq., .„,„., „ „ 

^^ Cashier Ohio National Bank, Waihmgton D. C. 

Drovers and Mechanics' National bank of Baltimore, 

Baltimnre. Ffbruary t». ir<M. 

Dear Sir; Remarks noted in yours of the Ith Ir. ' 'V 

on Saturday, and In reply beg le;ive to say that It cr '. 

and while the clerks In the banks like It very mu i 

others using the bank seem to be very ranch opposed to ii 
Yours truly, 



C. H. DAVIDGE, Esq., Cashier. 



J. D. WHEELER, Cathitr. 



Manufactcbers 

BaV 



National TtvNK, 



DEAB Sir: Yours of the 4th received. Wo do r. '■ 

half-holiday law a success. We And It puts a large u...... . . , .y» 

toconslderable Inconvenience and overworks our clerki. And the .i^ilun 



1550 



CONGEESSIONAL RECORD— HOUSE. 



Febeuaey 13, 



taken by the Clearing House Association last month (Jauuai-y), when ten 
banlis out of the twenty -six voted to rescind the order i)assed imanimously 
in May last, is eTldence that the law Is not working satlslactoriiy by at least 
stroun- minority of the banks, and we are satisfied that the dlssatlslactionls 
general among: the depositors of all the banks. 
Very respectfully, yours, 

■* CHAS. W. DORSET, Cashier. 

C, 11. DAViDGE, Esq., Cashier, Washington, J). C. 

'Mv. Speaker, I have had these letters I'oacl to show what the 
leading- bankers of Baltimore think of this new Saturday lialf- 
holidaj'. They have only had such a law since last April, and 
ex))ress their dissatisfaction in this strong and terse language, 
and show that already ten of the twonty-six banks demand the 
re] leal of the law; ten of the banks that petitioned for its passage 
less than a year ago demand its repeal. And I have heard this 
half-holiday condemned in this city, not only by bankers, but by 
some of the most prominent men in the District of Columbia; but 
I do not care now to name them. I could do so. The law now 
proposed and the present law is substantially the law in Balti- 
more which these bankers condemn, and it is a law which will 
be condemned by others when it has had a trial in this District. 

I have seen other lottersof a similar character from prominent 
officers of banks in the city of Baltimore, but these are the most 
out.-ipoken. I remember that some of them state that they intend 
to go in a body to the next Legislature and urge the repeal of the 
law. and the fact that ten of the Baltimore banks have already 
voted in the clearing house in favor of repealing the law, shows 
that the law is not satisfactory, and if not satisfactory in Balti- 
more, why should it be satisfactory in the District of Columbia':' 

This is all that I care to say in regard to the dissatisfaction 
which has already arisen from this Saturday half-holiday law in 
the city of Baltirnore. I think the law which it is proposed to 
amend here ought to be repealed. It was passed without such 
consideration and inquiry as a law of this importance ought to 
have. T have been able to learn the name of but one banker in 
the District of Columbia who ever asked for the passage of this 
law. Without at present going further, I ask to have this 
amendment adopted, reserving the balance of my time to speak 
further in regard to the matter. I propose now to amend this 
law so that it shall be applicable only to the summer months, as 
it is in Pennsylvania. 

In that State a half-holiday is i^rovided for banks and trust 
companies from .luno 15 to September 15, three months, and in 
that State the law is discretionary, leaving it in all cases to the 
directors whether they will observe thi! law or not. and in the 
lettiH's which I have seen it has been suggested that the Balti- 
more law which we are projwsing to try here in the District of 
Columbia might do very well for the hot months, v/hen very lit- 
tle business is done. If the law is extended through all the 
year, as is now proposed in this city, there are thousands of peo- 
ple who will be greatly inconvenienced. In fact. Mr. Speaker, 
this is a law for the benefit of the bank clerks only. I have 
been spoken to by a number of citizens on this subject, probably 
for the reason that I am connected with one of the banks. lam 
not a banker, Mr. Speaker, or a paid oflicial in any bank, and 
only express my own opinion and may be mistaken, but this is 
the way I view it. 

There are thousands of men in this city who transact business 
on Saturday afternoons, who pay out and receive monej', who pay 
their employes with checks, and who receive bank checks in their 
business, builders whoso pay rolls are made out and whose 
hands are paid off on Saturday afternoon, and who want to have 
access to the banks to get those checks paid. To show the ex- 
tent of the business in this city I have been handed the following 
stattiment, which I will read: 

Numier of stores, etc., in Washington, D. C, 1391. 



[List made uplrom city directory.! 



Bacon dealers 

Barbershops. 

Beef companies... 

Boot and shoe dealers.. 

Carpet dealers — 

Cigars and tobacco 

Clothiers 

Coal and wood. 

Commission merchants 

Confectioners 

Dentists - 

Druggists 

Dry goods 

Fancy goods 

Fish and oysters 

Florists 

Flour and feed 

Fruil dealers - 

Furuitm'e 

Grocers... 1 

H ar d w ar e 

House furnishers 

Ice dealers 

Jtmkdealers 

Laundry 

Lav.Tcrs... 



48 

220 

5 

361 

9 

330 

-l:i 

loD 

47 

246 

144 

17:i 

116 

33 

S9 

i)S) 



Men's fin'nishings 

I Milk dealers 

i Miiliners 

Notions 

Oil dealers 

! Opticians 

Painters _. 

Paper dealers and hangers.. 

Ptiotographers 

physicians 562 

Pianos.. is 

Pictures and frames 10 

Poultry l'.i 

Produce and provisions 194 

Eestaurants and saloons 513 

Schools and academies 69 

Stables, livery, etc 

Tailors.. 

Tea and coffee 

Telegraph companies.. 

Typewriters and supplies 

Undertakers 

^^ariety stores 

Miscellaneous 



Grand total T,414 



This statement shows that there are 7,414 places of business 
in the city of Washington, and it seems to me that it will 
be an unnecessary and an unfortunate blow at the business of 
Washington to allow the banks to close when every other kind 
of business is carried on Saturday afternoon as on other days. 
Banks are supposed to bo for the accommodation of the public, 
and I do not see why they should be comj>elled by Congress to 
close or permitted to close. Not only this, but the census re- 
ports show that Washington City paid out in wages foi- manu- 
facturing over $14,000,000 in a single year. 

Now, Mr. Speaker, reserving the balance of my time, I oiler 
an amendment which is intended to make this law correspond 
with the law of Pennsylvania and of some other States. 

The amendment was I'ead, as follows: 

On ijage 3, line 8, after the word " Saturday, ' ' insert the vi'ords ■ ' from and 
including the 15th day oljime to and including the loth day of September.'' 

Mr. HEMPHILL. Mr. Speaker, I want to say only a word 
about this. A short time ago the Congress of the United Statt-s 
passed a law providing for a half-holiday for banks and other in- 
stitutions in the cities of Washington and Georgetown. In the 
transcribing of that law some inaccuracy occurred, so that it is 
not exactly what we expected it would be. When it passed the 
House it was intended, I believe, to leave the matter of closing 
somewhat in the discretion of the banks, but that was changed 
in the Senate and the change was not noticed when the bill 
came back to the House. 

'This bill proposes to make clear what the purpose of the law 
is with reference to these institutions. Now, the gentleman 
from Ohio [Mr. JOSEPH D. Tatlor] proposes to amend the law 
so as to confine its operation to three months during the sum- 
mer. As I understand it, the institutions here are all opposed 
to that, and I trust, therefore, that the amendment offered by 
the gentleman from Ohio wUl not be adopted. 

Mr. SCOTT. Do the proposed amendments that are now pend- 
ing make it discretionary with the banks whether they sliall 
close or not? 

Mr. HEMPHILL. No, sir. The law is that they shall close, 
and this proposed amendment is simply designed to make the 
purpose of the law clear. I will say further that the amendment 
provides for the whole of the District of Columbia instead of 
merely the cities of Washington and Georgetown . 

The question was taken on the amendment of Mr. Joseph 
D. Taylor; and the Speaker declared that the noes seemed to 
have it. 

Mr. JOSEPH D. TAYLOR. I withdraw that amendment and 
propose another. 

The amendment was read, as follows: 

Page S, strike out all aft«r the word •■amended" and insert the word -'re- 
pealed," so that it will read: '-That .section 1 of an act of Congress approved 
December '22, 1892, entitled 'An act making Saturday ahalf-holiday for bank- 
ing and trust company purposes in the District of Columbia,' be, and it is 
hereby, repealed." 

Mr. JOSEPH D. TAYLOR. Mr. Speaker, I think the exist- 
ing law on this subject ought to be repealed, for two or three rea- 
sons. In the first place it is special legislation, made only for 
the benefit of a specialclass, made only for the benefit of the bank 
clerks of the city of Washington. And in this respect it has 
been a failure elsewhere. Only a few days ago you passed 
through this House a provision of law extending from seven to 
eight hours the time during which the clerks in the Government 
De})artments must work daily, requiring them to work not only 
eight hours per day, but six days in every week, excepting legal 
holidays. 

Now, I want to know why Congress should pass a law for the 
special benefit of the bank clerks of the city of Washington 
when such a law operates to the disadvantage of all the other 
kinds of business in the city: why should the clerks in all the 
Departments and in all the business houses of the city be de- 
prived of this luxury? Where is the consistency? Why should 
such a demand as this be made upon us? Is it because the com- 
mittee has so decided? 

This law will be a dead letter, as it is in Baltimore. I have 
had read in the hearing of the House letters from the cashiers 
of prominent banks in the city of Baltimoi-e stating that a lavir 
similar to this, uassed by the Legislature of Maryland, is adead 
letter in that city, and that the banks continue open on Satur- 
day until 3 o'clock. This has been found to be a necessity. Sat- 
urday afternoon is the busiest half day in the whole week. Men 
are paid their wages on that day; and those receiving checks re- 
quire the money for them during the day. I can not see the ne- 
cessity for such a law. We have no such law in Ohio. Only a 
few States have any such a law. It is special legislation for the 
benefit of the few to the disadvantage of the many. Closing 
the bank doors in this city at the hour of 13 o'clock will prove 
a disadvantage to the general public if I am not grievously mis- 
taken. 



1893. 



CONGRESSIONAL RECORD— HOUSE. 



1551 



Bankers in Philadelphia and other cities of Pennsylvania, and 
in diffei-ent States where Satui-day afternoon has been made a 
holiday during the summer months only, say that the measure 
has not proved satisfactory, for the reason that the forenoon is 
too short to finish up the business of the day and much of that 
burliness goes over. Much of the business of Saturday, together 
with the business letters which arrive during Sunday, must bo 
attended to during Monday; thus the business of Monday is so 
great that the bank clerks are overworked instead of being 
benefited, by reason of the accumulation of business which re- 
quires attention on Monday, and when Monday is a legal holiday 
ttie business of Saturday goes over till Tuesday. 

I want to be fair and just in this matter. If it bo deemed 
proper to have such a half-holiday here as they have in New 
York— a Saturday half-holiday — let a bill of that kind be passed; 
but let us not have a half-holiday on Saturday for one set of 
clerks and not for other clerks. Think of the girls who are em- 
ployed, hundreds of them, in the large stores of this city. They 
go there at 7 or 8 o'clock in the morning and work till 9 o'clock 
Saturday night. You do not propose any relief for thorn: but 
you propose relief for the bank clerks, who go to their banks at 
9 o'clock and are out long before the clerks in the stores are re- 
. leased. 

I have nevei' heard but one argument in favor of this bill, and 
that is that in some of the large banks tho business is so great 
that the clerks are detained late on Saturday evening. Sir, I 
went into the Washington Loan and Trust Company building, 
of this city, a week or two since on Saturday. It was about the 
hour of 1 o'clock, and I noticed that every clerk had left tho 
bank and tho janitor was cleaning the rooms. It had not taken 
the clerks very long to get out of the building aft )r the clock 
struck 12 on that Saturday. 

Mr. HEAF'D. Will the gentleman allow me a question'? 

Mr. JOSEPH D. TAYLOR. Certainly. 

Mr. HEARD. I ask the gentleman whether within his knowl- 
edge the business men generally of this city have made any pro- 
test airainst this arrangement? 

Mr. JOSEPH D. TAYLOR. I have not talked with a business 
man of Washington, who was not a banker, who did not protest 
against the half holidaj'. I have not spoken to any one about it 
who did not first speak to me. 

Mr. HEARD. Does the gentleman know any banker in this 
city except himself (representing the Ohio National Bank) who 
is opposing this measure'? 

Mr. JOSEPH D. TAYLOR. I am not a banker. 

Mr. HEARD. The gentleman is president, as I understand, 
of the Ohio National Bank; and according to my information, 
derived from the committee which waited on our committee, and 
which represented the banks of tho District, the bank of which 
the gentleman from Ohio is president is the only institution in 
the city which is opuosed to this measure. 

Mr. JOSEPH D. "TAYLOR. The gentleman is very much 
mistaken. 

iSIr. HEARD. Well. I make that statement upon the author- 
ity of the committee which waited upon tho District Committee, 
a committee headed by Messrs. Stevens. Johnston, and Mat- 
tingly. and others, representing these banking institutions. 
That is the information which the Committee on the District of 
Columbia has. 

Mr. JOSEPH D. TAYLOR. Thepi-esidentof one of the largest 
banks in this city said a few days ago that he had received a letter 
from the cashier of one of the Baltimore banks, who called it, as 
he says, a " devilish holiday;'' and I know what he thinks about 
it. I know that the bankers of the city have signed a request, 
asking that Congress pass this amendment, and the reason given 
for this is that the present law can not be repealed. I will ask 
the gentleman whether he knows of any banker in this city, ex- 
cept one, that ever requested the passage of this law? I mean 
the original law 

Mr. HEARD. Yes, sir. - 

Mr. JOSEPH D. TAYLOR. Will you give the names? 

Mr. HEARD. The District Committee was waited upon by 
some gentlemen, one of whom, as I remember very well, was Mr. 
B. H. Warner, the president of the Columbia Bank • 

Mr. JOSEPH D. TAYLOR. What other banker asked the 
passage of this law? I knew Mr. Warner had dona so. 

Mr. HEARD. Mr. Johnston, of the Riggs Bank; Mr. Stevens, 
the president of the West End Bank, and some three or four or 
five other gentlemen, constituting a committee representing the 
the banks of this city, were before our committee within the last 
few weeks. And they stated positively to tho committee that 
the bank of which the gsntleman from Ohio now addressing the 
House is the pi-esident is the only one in the city of Washington 
that is opposed to the adoption of this measure. 

Mr. JOSEPH D. TAYLOR. I will say to the gentleman that 
it is probably because of my connection with one of the banks of 



the city that so many g-ontlemea have spoken to mo a)>out it [ 
have talked with them, and know thr' • • 

other bank hero, the Mayso Bank, 

not intend to cloee. Mr." Maysj suj .... 

would be to close during the summer months, i i-o- 

ceivod $9,000 tho first atternoon after tho l.-iw w. ^ct. 

And I think other banks have onl :ved iho law! 

The cashier of this bank from Bahi 'ii^r wa» pojul 

says that th'.'re is not a bank ii. " tjjo 

law. None of them keep it. . , j,; 

the matter. All of them 1- • 
eral of those letters, whi 
Washington, letters wliir 
of them road. 

Mr. HEARD. Aro thoy written by bankors of f hi« oit v^ 

Mr. .JOSEPH D. TAYLOR Th. 
this city (continuing). I caro notli. 

ally. What is to the intorost I-' ■ ....,., i,i- iii,.i. m 

of all, and what will hurt one nil. 

Mr. HEARD. I caro nothi!.. . . f;i:- a- th;it i^ i-.m- 

corned. But tho lott-jrs of wiiicii ihi- 
are thoy letters addres-sod to tho bauk^ 
by persons outside? 

Mr. JOSEPH D. TAYLOR. Thoy arelotters written by bank- 
ers in Baltimo!-o in regard to the ofT- • ' •' - — rday half 
holiday. Thoy woro written to bankci 

Mr. HK.\RD. But not written by ban 'v' 

Mr. JOSEPH D. TAYLOR. Oh, no; tho present 
half-holiday law is simi)ly tho Baltimorij law. and no 
trying to amend it. Tho mon who aoourcd tho ]■ iljo 

present bill wcro in favor of compelling the adoptii: w In 

this city. 

Mr. HEARD. I personally — and I think I may speak for tho 
committee, too — did not care ono picayune »'"'^ii 'i' I'i'i- i'"' 
we were solicited by representatives of tho 
to procure tho passage of this law, and we i. 
their ofTorts to get it aimndedas they desired. W'euio tr^ iuu U> 
pass it in accordance with thorequestof acomuiitteu ruprn^j'n*- 
ing all of the banksof this city but that of which l\v 
man from Ohio is president. Wo aro informed that 
bankers of tho city dcsiro it. We cared n<i" ■ ■ ' 
nally or as a committee, and have only so 
such legislation on this subject as tho ropi • 
banks of tho citv expressed a desiro to secure. 

Mr. .IOSEPH'D. TAYLOR. Further, Mr. Speaker. I»»t m» 
state that it is the same way in New York where the br 
stantially as thegentleman would have it here. It hu- 
very successful. I have a letter in my hand on that mimj. . ,. „ 
letter written by Mr. J. B. SumraerlieUl, whose oflice is at ('>.1 
Wall street. New York, who says that tlio half-holiday bill lia> 
been unsatisfactory even in that .State. I will read if.' 

Mr. HEMPHILL. Wo will admit that he says that. 

Mr. JOSEPH D. TAYLOR. Ho says: 

Tho wholesale trade observe thoday In like manner wlih iho bnDk* toacer- 
ta!n extent, the retail traile only trot" iii...u' inyio i.'. to ^..nt. iiii...r r, 

The passajce ol the bill In this .Sta* 
i;ani/alions^ the plea beint; that ih 

dav fur rerreatlon. the rellBlous jiv. - .- , 

laborlnsuien an opiOTrtunlty for pleasure au.l lalieaway lite exit, 
ins Sunday a holiday. 

At lirst the factoriesclosed promptly, and. 1 think, iial I th.-ir . • 
a whole day, but this arranKenient somi ' 
m>*n worn.asarvile. somanyhoiirs;n>r\v. 
Saturday they must malto up the time by \ 

say, for instance, by having Ijul half an hour lur liluuirr, oiiii \.l±>, j uu w ..: 
see, makes three hours for tho week. 

In my opinion the class .lii' ii r Isil thelea.st, B.1T tho banklnff and whole 
sale employes, receive V. there Is, It any, from the law, nod 

the laboriu.i; class .ire 11 ■ 

I think it is a total fai Hotter cbserTan<-o of the Sai>t<atb 

That is the judgment of Mr. Summerfield, a banker of Wall 
street. 

He says: 

I think It Is a total failure as regards a belter observance of the Sablnih. 

He says tho religious press of Now York ad-'^-^-*- '! "■" ■""!■■" • 
of Saturday a half-holidaj', such as it is in B 
pi'oposo here, and with the hope that thore^. 
would bo benefited. He says that it has not : 
half day or a half hour, and even the better 
Sabbath, which they anticipated, has been au ab;ol.-to a:;d an 
utter failure. 

But I want to say. Mr. Speaker. * ' ■ - -" ' >!»«■ 

souri that I regret the necessity of up: 

and so far as mv intei'osts ate concur •the 

present law will bo just a- benelioial or injurious to ono bank au 
to the others. If any bankers want to remain open and get tho 
benefit of that half day they will do it, as th • say thoy 

are doing in Baltimore. But it is not a mat 'nal con- 

cern to me one v.ay or tho other. 

But I believe that all the banks ought to be under the same 



1552 



CONGRESSIONAL RECOE.D— HOUSE. 



FEBEUAltY 13, 



law, and all oug-Iit to have the same right to remain open, and 
all ought to remain open or closed. I do not want any bank 
that I am connected with to have any advantago whatever over 
any other bank, and my request for the repeal of this law is in 
order that I may put myself on record as entering my protest 
against it, not because the repeal can possibly be of any benelit 
to mo, but because I believe the law is unjust and will be a failure, 
and that the next Congress will be asked to repeal it inside the 
next twelve months. It is because I think this half holiday is 
wrong, wrong in principle and inconvenient inipractice, but if it 
shall turn out otherwise noone will approve it more than I will. 

Mr. HEMPHILL. Mr. Speaker, I only want to state that 
there is a law already in the District upon this subject. It is 
very imperfect and this is simply to perfect the law. There is 
no provision here fixing any penalty of any kind. The banks 
can remain open as long as they want to. The only thing is that 
it fixes the mode and time of protest, et-c., providing that if a bank 
closes upon Saturday at 12 o'clock, that protest can be made or 
notes paid on the following Monday, etc. It is not a matter of 
any great consequence. It is simply clearing up a statute that 
is already in existence, and I hope we will have a vote upon it. 
I will be gratified either way the House votes. 

Mr. JOSEPH D. TAYLOR. Mr. Speaker, one thing [ over- 
looked. One of the objections to this law is that it is unlike any 
law in any State in this Union. It will unsettle the law as to 
millions of dollars of money that have b.jen loaned to residents 
of the District. The laws of New York, Maryland, and New 
Jersey, and the other States which have this provision, are alto- 
gether different. This law proposes to be applicable to paper 
made before the passage of the law. 

None of the other States have attempted to apply the law to 
paper made before the passage of the law. They all say ''made 
aftor the passage of this act." That is the language used in 
every State which has up to this hour attempted to make a Satur- 
day half-holiday. This law proposes to make it applicable to 
paper whether made in'the District or out of the District, whether 
made before or aftor tlie passage of this act, and in my judgment 
it will unsettle the law and involve people in litigation. 

I wish to yield a moment to the gentleman from New York [Mr. 
Wever]. 

The SPEAKER. The gentleman from South Carolina yielded 
to the gentleman from Ohio [Mr. Joseph D. T.a.ylor]. 

Mr. HEMPHILL. I will yield to the gentleman from New 
York [Mr. WeVER]. 

Mr. W EVER. Mr. Speaker, we are enjoying this half-holiday 
law in the State of New York, and my experienc.3 is that it is an 
unmitigated nuisance in every way, shape and manner, not only 
for the banker, but for the depositor and the business man. A 
great deal of fault is found with it by depositors and business 
men, more even than by the bankers. 

The difficulty with us— I do not know whether it exists as to 
this law here — is that we do not dare to remain open after the 
hour that the law requires us to close, because there is danger 
then to the bank in making its payments of checks. The trouiile 
is that there we are obliged to close, and the p?ople generally 
who di-al with banks are very angry indeed about the law and 1 hey 
blame the bankers, and think the bankers had something to do 
with getting it passed. The law is not in the interest of the 
bankers, and is very far from being in the interest of depositors 
or business men. 

Mr. HEMPHILL. Mr. Speaker, I only want to say I have a 
paper here signed by twenty-five or twenty-six banking institu- 
tions in this city, asking that this bill be passed in the interest 
of their employes, and to make the law certain. That is all they 
ask. Whether it has operated well outside of the District, as 
shown by the gentleman from Ohio [Mr. Joseph D. Taylor], is 
not a matter of any concern. 

I call for the previnus question. 

The SPEAKER. The Clerk will report the amendment ofiered 
by the gentleman from Ohio. 

"The Clerk read as follows: 

.Scrike out all after tlio word ■■amended" aud hiriert the word ■■repealed;" 
so that It will read: 

■■ That section 1 of the act of Congress approved December '22, 189?, entitled 
' an act making Saturday a half holiday for baulctng aud trust company pur- 
poses.' be aud is hereby repealed." 

Mr. HEMPHILL. Is that the amendment of the gentleman 
from Ohio [Mr. Joseph D. T.WLOR]? 

The SPEAKER. This is the amendment of the gentleman 
from Ohio [Mr. JOSEPH D. T.-\.YLOR] for the rep-3al of the law. 

The amendment was rejected. 

The joint resolution was ordered to a third reading, and was 
accordingly read the third time, and passed. 

REGULATING THE SALE OP INTOXICATING LIQUORS IN Till; 
DISTRICT OF COLUMBIA. 
The SPEAKER. Before the g,.>ntleman from South Carolina 
[Mr. Hemphill] emails up another bill, the Chair desires to call 



the attention of the House to an atncndmant to the bill regulat- 
ing the sale of intoxicating liquors in the District of Columbia 
which was passed a fev/ moments ago. The gentleman from New 
York [Mr. Campbell] submitted an amendment, which was 
agreed to, which provided " that an applicant who was hereto- 
fore adjudged guilty, should not again be granted a license.'' 
The language docs not fit well to the text of the bill. 

The gentleman from Maine [Mr. Dingley] suggests the inser- 
tion of the words "since the passage of the act," so that it will 
read that ''such applicant has never since the pas-age of the act 
been adjudged guilty," etc. Without objection the amendment 
suggested by the gentleman from Maine, which is approved by 
the gentleman from New York [Mr. Campbell], and which 
seems to make the matter more plain, will be agreed to. 

There was no objection. 

WASHtNGTON AND ARLINGTON RAILROAD COMPANY. 

Mr. HEMPHILL. Mr. Speaker, I have in my hand House bill 
96.il reported to the House, but the report has not as yet been 
printed. I ask to call it up and to otTer the substitute reported 
by the committee. 

The SPEAKER. When was this report made? 

Mr. MEREDITH. It was made on Saturday. 

The SPEAKER. There seems to be no printed report with 
this bill. 

Mr. HEMPHILL. I stated that the:e was no report with it. 

Mr. MEREDITH. I asked permission to submit the reuorton 
Saturday last. That permission was given, the report was iiandcd 
in, it went to the Print^^r: and I am informed that they are look- 
ing for it here every moment. 

The SPEAKER. The Clerk will report the original bill. 

Mr. HEMPHILL. Mr. Speaker, I will have to a^k that this 
bill be considered in Committee of the Whole. It relates to the 
Aqueduct bridge. 

Mr. HOLMAN. Let the bill be repu-ted first. 

The SPEAKER. On what Calendar is the bill? The bill has 
not been printed at all as i-eported. [After a pause.] There 
seems to be no print of this bill as reported. 

Mr. MEREDITH. I asked leave to reijort it on Sat'.u-day. 

The SPEAKER. There is no printof it here. Tho Cl^rk has 
got the original papers. 

Mr. HEMPHILL. There is a mistake s.^m-where then. 

The SPEAKER. It was re'eiTcd to the House Calendar, the 
Journal stat 's. 

Mr. HOLMAN. Let it go over. 

The SPEAKER. The Clerk will report the original bill. 

Mr. HEMPHILL. For the original bill we propose a substi- 
tute. 

The SPEAKER. But the Hous'j has to know what it is pro- 
posid to be a substitute for. 

Mr. HOLMAN. If there is no repoi't accompanying this bill, 
it should go over. 

The SPEAKEEi. There is no report. 

Mr. HEMPHILL. If the gentleman from Indiana objects to 
this, of course we can not go on. 

Mr. HOLMAN. I think we ought to have the report. 

Mr. MEREDITH. The report is not p:^inted yet. 

Mr. HOLMAN. What is the bill? 

Mr. LIVINGSTON. There is no bill. 

Mr. HEMPHILL. The bill is printed. 

The SPEAKER. The matter is not before the House except 
by unanimotis consent. 

Mr. HEMPHILL. I will have to withdraw the bill. 

Mr. HOLMAN. I do not interpose any objection. 

The SPEAKER. The gentleman from South Carolina asks 
unanimous consent for the pre-^ent consideration of this bill. 

Mr. OUTHWAITE. Let the bill be rcai, subject to objection. 

The SPEAKER. The Clerk v.-ill report the original bill. 

The Clerk read as follows : 

He it enacted, etc.. ThLit section 1 of the act to incorporate the Washington 
and Arlingtou Railroad Company of the District of Columbia, approved Feb- 
ruary 28. f891. be, aud hereby is. amended by striking out all after the words 
■'from Virginia avenue northwest" to the woi'ds ■■ and provided that so 
much of " aud inserting the following words: ■■ to G street northwest; thence 
along G street to a point outhe northern shore of the Potomac Kiver; thence 
by a tirst-class strain ferryboat to the shore of Aualostan Island; thence 
across said island by su-h rottte as the Commissioners of the District of Co- 
lumbia shall approve to the waters of the PolouuK- River: thence by a bridge 
or causeway to be built by said company to the M'.^giuia shore of said Po- 
tomac River; thence bv such route as the Secretary of \Var shall approve to 
Rosslvn. and from thence by and over such line as may be selected by the 
said company with the approval of the Secretary of War to the northwest 
euU'ance of the Arlington cemetery, and thence thr-'Ugh the Arlington estate 
outside of the cemeteVy grounds to the south or v.-est lands thereof in the 
State of Virginia: J'mvided, That said company shaU not operate any part 
of its line within the limits of the city of Washington by electric ijower with 
overhead wires: I'rotiided, That shoiUd any part of the track herein author- 
ized occupy the same street or aveuiirt with any other duly incorporated 
street railway in the District of Columbia, butouesetof tracks shall be used, 
aud the relative advantages of use and of chartered rights may be adjusted 
upon terms to be mutually agreed upon between the companies, or, in case 
of disagreement, by the supreme court of the District of Columbia on petl- 



1893. 



CONGRESSIONAL RECORD— HOUSE. 



lo()l 



Fair on Simdaj'— to the Select Committee on the Columbian Ex- 
position. 

Also, petition of 50 citizens of Chicago, to open the World's 
Fair on Sunday— to the Select Committee on the Columbian Ex- 
position. 

Also, petition of 51 citizens of Philadelphia, to open the World's 
Fair on Sunday— to the Select Committee on the Columbian 
Exposition. 

Also, petition of 40 citizens of Washington, to onen the World's 
Fair on Sunday— to the Select Committee on the Columbian Ex- 
position. 

Also, petition of 93 citizens of Nebraska, to open the World's 
Fair on Sunday— to the Select Committee on the Columbian Ex- 
position. 

Also, petition of 53 citizens of Minnesota, to open the World's 
Fair on Sunday— to the Select Committee on the Columbian Ex- 
position. 

Also, petition of 26 citizens of South Dakota, toopen tha World's 
Fair on Sunday— to the Select Commiltee on the Columbian Ex- 
position. 

Also, petition of 103 citizens of Chicago, to open the World's 
Fair on Sunday— to the Select Committee on the Columbian Ex- 
position. 

Also, petition of 179 citizens of Chicago, to open the World's 
Fair on Sunday— to the Select Committee on the Columbian Ex- 
position. 

Also, petition of 173 citizens of Chicago, to open the World's 
Fair on Sunday— to the Select Committee on the Columbian Ex- 
position. 

By Mr-FITHIAN: Two petitions of Illinois, oneofClavCounty 
and the other of Clark County, both relative to the millbrs, rail- 
roads and elevators for the purpose of depressing the price of 
wheat, and praying for a Congressional investigation— to the 
Committee on Agriculture. 

By Mr. HAUGEN: iMemorial of the Farmers' Alliance of Wis- 
consin, favoring the passage of the Hatch- AVashburn antioption 
bill — to the Committee on Agriculture. 

By Mr. HAYES of Iowa: Petition of the Muscatine Turnver- 
ein Society of Iowa, against laws restricting immigration — to 
the Select Committee on Immigration and Naturalization. 

By Mr. HAYNES of Ohio: Two petitions of citizens of Ohio: 
one of P. U. St. V. of Oak Harbor, and the other of the German 
Central Bund of Toledo, both for the repeal of the act closing 
the World's Fairon Sunday — to the Select Committee on the Co- 
lumbian Exposition. 

By Mr. HENDERSON of Illinois: Threa petitions of citizens 
of Kewauoe, 111., one numbering 53 citizens, the second 03, and 
the third 12, all against opening the World Fair on Sunday — to 
the Select Committse on the Columbian Exposition. 

Also,rosolutionsof the Evangelical Ministers' Union of Princes- 
ton, 111., against opening the World's Columbian Exposition on 
Sunday — to the Select Committoo on the Columbian Exposition. 

Also, three petitions of citizens of Henry County, 111., one num- 
bering 14, the second 56, and the third 10 names, all against 
opening the World's Fair on Sunday — to the SelectCommittee on 
the Columbian Exposition. 

By Mr. HENDERSON of Iowa: Petition of Rev. F.M.Robert- 
son and 45 others, of Oelwein, Iowa, in opposition to opening the 
World's Fair on the Sabbath — to the Select Committee on the 
Columbian Exposition. 

By Mr. HERMANN: Petition of citizens of Roseburgh, Oregon, 
against the repeal of pension laws — to the Committee on Invalid 
Pensions. 

By Mr. HITT: Petition of G. W. Daws and 35 others, of Lena, 
111., and citizens of Stephenson County, I'elative to a combination 
between the mills, railroads, and elevators for the purpose of 
depressing the price of wheat, and praying for a Congressional 
investigation — to the Committee on Agriculture. 

Also, two petitions of citizens of Illinois; one of C. A. Prufer, 
of Savanna, and the other of A. O. Best, grocer, of Freeport; 
both for 1-cent postage — to the Committee on the Post-OfBce and 
Post-Roads. 

Also, memorial and resolution of the Illinois Society of En- 
gineers, favoring adequate appropriation for testing the strength 
of the material of all American woods — to the Committee on 
Appropriations. 

By Mr. HOLM AN: Petition of Frank Donnelly and 4,575 other 
citizensof the Statsof Indiana, against religious legislation, and 
in favor of repealing the act of Congress closing the World's 
Fair on Sunday — to the Select Committee on the Columbian Ex- 
position 

Also, petition of the officers and members of the German Land- 
wehr verein, of Batesville, Ind., praying for the opening of the 
World's Fair on Sunday — to the SelectCommittee on the Colum- 
bian Exposition. 

By Mr. HOPKINS ol Pennsylvania: Petition of the Lock Ha- 



J?^ (Pa) P''esbyterian:Church, protesting against opening tho 
AVorld s t air on Sunday— to the Select Comraltlee on the Colum- 
bian Exposition. 



, ?n ': '"^SEPH: .Memorial of the Legislative Asiscmblv ot 
he lorritory of Now Mexico, praying Co:i','ross to oxt-na"tho 
line for hlmg private land claims under the law crcatiuL' the 

private land court, approved March 3, 1S91— to the Co:umittoo 

on the Judiciary. 

By Mr. KRIBBS: Petition of Cauuoil No. i70, Ordor of 
United American Mechanics, of Bellefonto. Pa., in favor of re- 
stricting immigration— to the Select Committoo on ImmiTatlon 
and Naturalization. " 

Also, petition of Council No. 279, Order of T' • " m 

MoL-hanics, of Philadelphia, Pa., in favor of r^ ',i. 

gration— to the Select Co.nmittco on Immierat.-i. .... . ,,, .ml- 

ization. 

By Mr. MILLER (by request): Petition of Chan v Iluiu-e, 
and 4, l.jOother citizensof the State of Wi-iconsin.incI on 

of the supremo court, against religiom logishition i < 

and in fav.ir of the repeal of the act closing' tlu' \V<, .,i 

Sunday-to the Select Commit to on the Coluuibian ,ii. 

By Mr. PAGE: I'etitionof Washington Couiioil, Nu i .. • M-der 
of United American Mechanics of Klii)d.; Island, for r.-;,Milatin(r 
immigration -to the Select CommitU''' on Immigration and 
Naturalization. 

By Mr. RAINKS: Petition of physician.s of Steuben County, 
N. Y., in favor of appropriation to pay the expenses of the l^an 
American Congress— to the Comraitteo on .Vppropriatiiins. 

By Mr. RANDALL: IVtition of the C. .\. Curti-r Council and 
others, of Fall River. Mass., against unrestricted immigration — 
to the Select Coinmittoo on Immigration and Naturalization. 

By Mr. RAY: Resolutions of Washington Camp, No. H. of the 
Patriotic Order of the Sons of America, of Wavorly, N. Y., In 
fav.ir of the annexation of the Sandwich Islands— to the Com- 
mittee on Foreign Affairs. 

Also, resolutions of Oneida Council, No. (>4, of Unit<!d ,\mer- 
ican Mechanics in favo;- of restricted immigration— to the Se- 
lect Committee on Immigration and Naturalization. 

By Mr. SANt'ORD: Petition of the Hudson Valley Council, 
No. 8, located at Stillwater, N. Y., a.sking for immoaiato legis- 
lation placing certain restrictions upon immigration— to the Se- 
lect Co:nmittee on Immigration and Naturalization. 

By Mr. SHIVELY: Petition of H. L. Varaneys and othiu-.-i, of 
Goshen, Ind.. against opening the World's Cilumbian Kxposl- 
tion on Sunday— to the Select Committoo on the Columbian Ex- 
position. 

By Mr. SIPP^: Memorial of threeseveral councilsof the Order 
of Unit.^d American Mechanics, viz, the memorial of tlio Star 
of Bethlehem, No. 217, of Millsboro, Pa.: of No. .'191, of Beals- 
ville. Pa., and of .John S. Pringle, No. 3tl, of Brownsville, all 
praying for the passage of a law regulating and restricting im- 
migration—to the Select Committee on Immigration and Natu- 
ralization. 

Also, resolutions of the Tucker Run Literary Society, of Dim- 
bar, Pa., favoring the p.issageof a law for the perpetuation of the 
Census Bureau, etc. — to the Committo j on the Eleventh < 'onsus. 

By Mr. SMITH of Arizona: Petition of citizensof Arizona, 
for the improvement of the Colorado River above the town of 
Yuma— to the Committee on Rivers and Harlxirs. 

By Mr. SMITH of Illinois: Evidence to b • used in support of 
House bill lul59. granting a pension to C;iser Baker — to the 
Committee on Invalid Pensions. 

By Mr.TOWNSEiVD: Petitionof citizensof Colorado, in favor 
of closing the World's Fair on Sunday — to the Select Committee 
on the Columbian Exposition. 

By Mr. AVALKER (by request): Petition of H. C. ICstos and 
317 other citizens of Leicester, Mass., praying for propo-al of a 

constitutional amendment prohibiting the manufac! - • nr- 

tation, exportation, transportation, and sale of all ale ■ 'r 

as a beverage— to the SelectCommittee on the Alcoh . or 

Traffic. 

By Mr. WHEELER of Alabama: Six p3tition<» of citizens of 
Alabama, as follows: Thop^tition of Mahala Si' ' .lack- 

son County: of William Cunningham, of Law ty; of 

•Tamos Hilliard, of Madison County: of Goor;;i- m. ii"uolI,of 
Lauderdale County; of Ann E. Copland, of Etowah < 'o :iiiy, and 
of Williams. Morgan, of Winston Co.inty. each ]ir:i 'n ■ ihat 
the Committee on War Claims refer Iiis or her c' 'mj 

Court of Claims under act of March 3. ISS'l-to the ■ o 

on War Claims. 

By Mr. WILLIAMS o'. Illinois: Petition of Lodeo No. 75, 
Farmers' Mutual Bcnelit Association, ■ ' ' ' " ' "n 

County. 111., relative to a combination th:r 
lers. railroads, and elevators, for the pur, <, ■•.' ... - ., ^-iO 
price of wheat, and praying for a Congres-oional invesligalion— 
to the Committee on Agriculture. 



1562 



CONGKESSIONAL EECORD— SENATE. 



Febeuaey 14, 



SElfATB. 

Tuesday, February 14, 1893. 

Tho Senate met at 12 o'clock m. 

Prayer by the Chaplain, Rev. J. G. Butler, D. D. 

Tho Journal of yeatsi-day's prossedlngs was read and approved . 
ENROLLED BILLS SIGNED. 

The VICE-PRESIDENT announced his signature to the fol- 
lowing enrolled bills, which had previously received the sig- 
nature of the Speaker of the House: 

A bill (H. R. 3627) to grant to the Gainesville, Oklahoma, and 
Gulf Railway Company a right of way through the Indian Ter- 
ritory, and for other purposes; 

A bill (H. R. 9527) to restore to the public domain a portion of 
the White ISIountain Apache Indian Reservation, in the Terri- 
tory of Arizona, and for other purposes; and 

A bill (H. R. 9780) authorizing the construction of a bridge 
over the Monongahela River, at West Elizabeth, in the State of 
Pennsylvania. 

HOUSE BILL REFERRED. 

The bill (H. R. 9873) to create a board of charities, etc., in tho 
district of Columbia, was road twice by its title, and referred to 
jittee on tho District of Columbia. 

BRIGHTWOOD RAILWAY COMPANY. 

The bill (H. R. 9730) to amend the charter of the Brightwood 
Railway Company of the District of Columbia, was read twice by 
its title. 

Mr. McMillan, a similar bill was reported by the Senate 
Committee on the District of Columbia, and is now on the Cal- 
endar. The House bill is satisfactory to our committee. The 
objection the Senator from West Virginia [Mr. Faulkner] had 
to the Senate bill has been removed by this bill. 

Mr. FAULKNER. The Senator from Michigan is satisfied 
that the bill as passed by the other House does not interfere with 
the matter to which I called his attention? 

Mr. McMillan. I am. It does not interfere with it. 

The VICE-PRESIDENT. Does the Senator from Michigan 
desire the present consideration of the bill';' 

Mr. McMillan. Yes; I ask for its present consideration. 

The VICE-PRESIDENT. The bill will bo read. 

After reading, tho Senate, by unanimous consent, proceeded 
to consider the bill as in Committee of tho Whole. 

Mr. HALE. In the confusion I could get from the reading 
very little idea of what the bill cover.s. I do note ven know what 
examination it has had. Was the bill reported from the Com- 
mittee on the District of Columbia? 

Mr. McMillan. I win state to the Senator that a bill was 
reported from our committee that is exactly the same as tho 
House bill now before the Senate, except that in the bill re- 
ported by the committoo the company desired to go farther on 
through Takoma Park, crossing the Baltimore and Ohio tracks, 
and so to the District line. That provision was stricken out by 
the other House. The bill is now entirely satisfactory to the 
committee and to the railroad people. It is an amendment to 
the charter of the Brightwood Railroad, which runs up Seventh 
stivet, and I think is an improvement to tho road, and so to the 
public. It gives facilities for travel to a great many people who 
would not have them if the bill is not passed. It connects with 
the Fourteenth-street road, so that passengers can go from the 
Tri asui-y Department direct to tho Soldiers' Home or to Takoma 
Park. 

Mr. HALE. Does tho bill practically confiscate any more of 
our public highways to the use of electric cars? 

Mr. McMillan. No; theroadlskeptoutofthemainstreets. 
The streets over which these branches are to run are streets not 
now in use, and no objections have been made to the bill as it now 
stands. Both of the branches are on streets not really opened, 
but which are just being put through private lands. The bill has 
been amended to meet every objection raised against it, and tho 
routes are the ones suggested by the District Commissioners. 

INIr. HALE. What is to b^ the motive power? 

Mr. McMillan. The motive power is tho trolley system. 
It is outside of the city limits, beyond Florida avenue. 

Mr. HALE. And it does not run either upon or adjacent to 
anv great line of public travel? 

ilr. MCMILLAN. It does not. 

Mr. HALE. Does it cross any? 

Mr. McMillan. The original road goes to Brightwood, on 
Brightwood avenue, which is an extension of Seventh street. It 
also runs through Brightwood to the Districtline, withabranch 
to Takoma Park. The present bill provides for two other 
branches, one to the Eagle gate of the Soldiers' Home, through 
the Petworth subdivision, the other to the Fourteenth street 
line of the Washington and Georgetown Railroad, so that pas- 



sengers on that line can have a direct route instead of going by 
tho roundabout way of the Seventh street line. 

Mr. HALE. This road crosses tho Fourteenth street line. 

Mr. MCMILLAN. No; the branch connects with the Four- 
teenth street lino. Neither branch crosses any large avenue. 

Mr. HALE, lean only say that the most any of us can do, who 
are interested in the District and in its prosperity, is to watch 
these bills, and we have got to trust somebody to preserve some- 
thing for the general traveling public and not give \vp everything 
to these railroad companies. Primarily we have got to trust the 
District of Columbia Committee. If the chairman of that com- 
mittee, who is a good business man, a good legislator, and is 
faithfully seeking to preserve tho rights of the public, has ex- 
amined this question and is satisfied that it gives no undue privi- 
leges that will interfere with public travel, I can say nothing 
more about it. 

It is a most amfortunate thing, Mr. President, that gradually 
we are becoming cordonned in every direction Ijy the electric 
car system of one company and another. A large part of the 
comfort and pleasure which people take and will take in the 
future in driving about this beautiful city is being cut ofl. 1 
wish to urge the Senator from Michigan, whois chairman of tha 
District Committee, to hi watchful day and night of all these 
schemes. 

Mr. MCMILLAN. I will state in answer to the Senator from 
Maine, that I have always made it a point to drive over tho 
streets myself and see just exactly where a proposed road is to 
be built, and ascertain whether it does interfere with the drives 
of Washington. I can assure the Senator that these branches 
do not do so, and that they will be a great convenience to the 
public. 

Mr. HALE. Is the clause of repeal that is commonly put in 
such bills, .as safeguarding them, contained in this measure? 

Mr. McMillan. Yos, sir. it is contained in the last sec- 
tion. 

Mr. HALE. That is found in the bill? 

Mr. Mc^NIILLAN. It is found in tho original act. This is 
simply adding to the main act, giving the company certain 
rights. The original act provides that the charter may be 
amended or repealed. 

Mr. HALE. This is subject to the same restrictions? 

Mr. McMillan, it is subject to the same restrictions. 

Mr. MORRILL. I desire to ask the chairman of the Com- 
mittee on tho District of Columbia whether this is a cable or an 
electric road? 

Mr. McMillan, it is an electric road, outside of the city 
borders. 

Mr. MORRILL. I wish to say that tho cable roads whore 
they go around circles have not been laid in any scientific man- 
ner. They are laid so as to make in dry weather a perpetual 
screech. It is a i-eal nuisance wherever they go around a circle, 
because the rails have not been placed so as to avoid a continu- 
ous noise. I think, perhaps, the fault is that one rail ought to 
have been laid lower than the other. Certainly there is some 
way to prevent it; either to keep it oiled or in some other way. 
I notice that whenever there is snow on the ground or when it 
rains the noise ceases. I merely call the attention of the Sena- 
tor from Michigan as chairman of the Committee on the District 
of Columbia to this matter, which I think ought really to be 
looked into. 

Mr. McMillan. I win state to the Senator from Vermont 
that I will call the attention of the president of that company 
to the fault around the circles. 

Mr. HOAR. I should like to have the clause in regard to the 
right of Congress to repeal the act read. 

Tho VICE-PRESIDENT. It will be read. 

Mr. McMillan, it is section 6. 

The Chief Clerk road as follows: 

Sec. 6. That this act shall be considerea as an amendmeut to the act ap- 
Ijroved October 18, 1888, granting a chai-ter to the Brlghtwooil Railway 
Company, and shall be construed as being subject to all the power.s, jirivl- 
leges, limitations, and conditions of said original act, except as specitlcally 
provided dtherwise herein. 

Mr. HOAR. Is this an amendment to that act to go back to 
tho other House? 

Mr. McMillan, it is an amendment to that act. It is a 
House bill which has just come over. 

Mr. HOAR. Has it been amended in any way? 

Mr. McMillan. No: it is an original bin of the other House. 

Mr. HOAR. Do I understand that the committee propose to 
amend the bill? 

Mr. McMillan. We do not propose to amend it. 

Mr. HOAR. I should like to have the provision referred to 
there also read. 

Mr. McMillan, in the original act? 

Mr. HOAR. Yes. The bill does not contain any clause re- 



1893. 



CONGRESSIONAL RECOKJ)— SENATE. 



1 r)()3 



serving the absolute power of Congress to amend, alter, or repeal 
unless it is oontaincd in the clause which has just been read re- 
fei-ring to another act. I should like to have that road from the 
first act. 

I.lr. McMillan. I win procm-s it and hand it to the Senator. 
Ho desires to have that put into the bill'.-' 

Mr. HOAR. I desire to have it inserted, unless it is already 
in. 

Mr. McMillan, it is in the original act. I have not the 
original act here. It is in every bill of the kind. There Ls no 
objection to such au amendment. 

Mr. HOAR. I move toamendthe bill byaddinganew section, 
as follows: 

This act may be altered, amended, or repealed by Congress at any time at 

Us discretion. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The amendment was ordered to bo engrossed, and the bill to 
be read a third time. 

The bill was read the third time, and passed. 

CALIFORNIA AVENUE. 

The bill (H. R. 10039) to narrow California avenue within Bel- 
lair Heights, District of Columbia, was read twice by its title. 

Mr. McMillan. I wiU state that the same bill| word for 
word, has passed the Senate. I ask for the [iresent considera- 
tion of the bill. 

The VICE-PRESIDENT. The bill will be read for infor- 
mation. 

After reading, the Senate, by unanimous consent, proceeded 
to consider the bill as in Committee of the Whole. 

Th.' bill was reported to the Senate without amendment, 
ordered to a third reading, read the third time, and jiassed. 
MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by .Mr. T. O. 
TowTjES. its Chief Clerk, announced that the House had passed 
I the bill (S. !>7T) for the relief of B. F. Rockafellow. 

The message also announced that the House had agreed to 
the amendments of the Senate to the bill (H. M. 9612) to amend 
section 833 of the Revised Statutes of the United States relating 
to semiannual returns of fees by district attorneys, mar.shals, 
and clerks. 

The message further announced that the House had passed the 
following bills: in which it requested the concurrence of the 
Senate: 

A tiill (H. R. 9229) to incorporate the Washington and George- 
town Terminal Railway Company: 

A bill (H. R. 102S3) to amend 'the charterer the District of 
Coluiubia Suburban Railway Company: 

A bill (H. R. 10304) to incorporate the American University; 
and 

A bill (H. R. 10489) to amend the act of May G, 1890, fi.xing the 
rat3 of interest to be charged on arrearages of general and spe- 
cial taxes now due the District of Columbia, and for other pur- 
poses. 

The message also communicated to the Senate resolutions of 
the House commemorative of the life and services of Hon. Ed- 
ward F. McDonald, late a Representative from the State of 
New Jersey. 

enrolled bills signed. 

The message further announced that the Speaker of the House 
had signed the following enrolled bills; and they were thereupon 
signed by the Vice-President: 

A bill'(H. R. 9923) making appropriations for fortifications and 
other works of defense, for the armament thereof, for the procure- 
ment of heavy ordnance for trial and service, and for other pur- 
poses: and 

A bill (H. K. 10206) to ratify and confirm an agreement made 
between the Seneca Nation of Indians and William B. Barker. 
petitions and MEMOBLVLS. 

Mi-. WILSON presented petitions of Protection Lodge, No. 
13". Brotherhood of Locomotive Engineers, of Eldon, Iowa, and 
of Iron Molders' Union, No. 224, of Burlington, Iowa, praying 
for the opening of the World's Columbian Exposition on Sun- 
day: which were referred to the Committee on the Quadro-Cen- 
tennial (Select). 

He also presented memorials of the United Presbyterian 
Church of Guernsey; of the First Baptist Church of Audubon, 
and of the Presbyterian Church of Carroll, all in the State of 
Iowa, remonstrating against the repeal of the law closing the 
World'.s Columbiaii E.xposition on Sunday; which were referred 
to 1l:o Committee on the Quadro-Centennial (Select). 

M,-. QUAY presented petitions of citizens of Philadelphia, 
Freedom, Pittsburg, Allegheny, Wilkinsburg, Conemaugh, 



Franklm, Johnstown, Cata»auqua, Whitehall, Hok«»n<ln'>qua 
Mars, Muncy, Morrisdalo, Alden, Clai-ion, Lu 
Schuylkill, Mont-zer, Burnt Cabins, Turbotvil! 

Akersville, Dockers Poin' ir. •■....;- 'l. .-' 

Stowe, West .Alo.'iande!-. 

Robesonia,Mill Villai^e.i 

ing Spring, Now Blooiuucid, (. 

Providence, Worthington, Kn<il. 

Newburg, .\ndalusiii. Maud.'' 

town, Lenni, Glen Riddle, i.: 

ton, Wrightsdalo, O.^fm-.i i 

Elizabeth, Moat .Vlto, 1 1 

Merwin, Greenville. Hon 

Now Market, Bedford, .Niaiuoviilu, l-uyeiUj City, 1 

Winslow, Duncannon, Newport, Wcst'Lol-anon," Oli 

Springlield, Gideon, Friodeus, Coleman. Leli; 

town, .-Vllentown, Kuthmell, Williarnstowii 

sontown, Salt villu, Hebron, T:-' ' ' • 

Lake. Guys Mill, and other j.: 

praying forth- adoption of u i 

gration i)rohibiting the landing wiili 
all immigrants, whether at seajiorts or . 
spaeoof ono year after the pa-sxagoof said la.. 
ers who may come hero a-j visitors during 

World'sColurabiau Exposition: whiehwero reierr.-'i ;<> iii.-i. .m- 
mittee on Immigration. 

Ho also presont<:d petitions of Belleviio .t"' i ■..i,,...i., r, c -.. ,„. 
cils. Nos. (i92 and 22, Junior Order I'nitoJ .\ 
of Philadelphia and Rockwood, and of J. D. I. 
zens of Volant, all in the State of Pennsylvania. ^J^uyillg fyr iho 
passage of the so-called Chandler immigration bill: which woro 
referred to the Committee on Immigration. 

He also presented u memorial of the MothodlHt Episcopal 

Church of Morrisvillo, I'a., romo"-'-'"' '•' ■''•■:"- ,i ,.' 

the law closing the World'.s Coli: 
which was referred to the Commi- 
(Select). 

He also presented a petition of the board of directors of the 
First National Bank of .\mblor, Pa., praying for tlio n-peal nf 
the so-called Sherman silver law: which was ordered to li' ■! i 
the table. 

Mr. D.VNIEL presented the petition of Daniel Uugglcs , of 
Fredericksburg, Va., late captain Eifth Rigimont of Infantry 
and brevet lieutenant-colonel. United States Army, pra; ii 
that the sum of $2,293.45 be granted him in commutatii • 
rations; which was referred to the Committee on Military .ViT. 

Mr. M ANDERSON presented a petition of sundry chvii 
and citizens of Steele City, Xebr., praying for the closing of iw 
World's Columbian Exposition on Sunday; which was roforrod 
to the Committee on the Quadro-Centcnuial (Sol'- •' 

Mr. TELLER presented a joint resolution of t: 
of Colorado, favoring the annexation of the Ha., 
which wa-s referred to the Committee on Foreign lU^luiiuntt, and 
ordered to be printed in the Rkiv^rd, a<< follows: 
Senate c. ■ 
Whereas onr National Gov. 
Government of Hawaii hxs '. 
(Xueeu and resi.taiat ion of the lulu. 

Whereas a pri^vlsional f^ovcrnn;. tiaa l)Oonrc- 

cognizf!! liy all of the feri-Ign repr -'-pt th.-\liif 

Great Britain; and . 

Whereas upon the forming of said provLilonal govcrameutacomnii i 
\v.as appointed to proceed at once, and Is now en ronto to the capltol cf ^i 
nation for the purpose of negotiating a treaty for annexation to iho ln;i'-il 
St.ates; and 

Whereasby reasson or tti.^ p^os^rr.i'.'ilral I.-ia'I.in .-if tli--' H-iTr.-.llm T ' ■,:; I-. 
the value of rhcir 
our merc;tntile :i' 
fense oCour Paciii 
Therefore, 

Jte it resolied by the senate of the Xlnlh > 
rado (the house o,f rfprtft'tilirr^ nv>i 
favorsaldauuexatlon.i' ■ 
fore urgently roiiu'-st . 
Ing the pending ui t'w 
deavors to have the .saiii'- fnuH.im'iiai'' i. 

llesoli-ftl. That a copy of these joint resolution.) be forwarded to each of 
our representatives at Washlngtonr _^ v, ..,,... - 

' ti(. 

S/xaker 0/ Ihf Uu ,-. ■■■ ..•/■. ■ .-ict*. 

REPORTS OF COMMITTEES. 

.Mr. PETTIGREW, from ti. ' ■ • - • m 

whom wasrefi-rred an amen :: 

M, intended to b- projiosed ... . .- •>.. 

reported it favorably, and moved that it 1» r 
mittcc on Appropriations and be printed: w 

Ho also, from the same comrailteo. to whom wa» i 
amendment submitted by Mr. Davis .lanuary 30, int. 
proposed to the Indian appropriation bill. i-o)x>rt<jd adversely 
thereon, and it was orden^d to lie on th- table. 



1564 



CONGRESSIONAL RECORD— SENATE. 



February 14, 



Mr. SHOUP, from the Committco on IncJian Affairs, to whom 
were referred the following- bills, reported adversely thereon, 
and they were postponed indefinitely: 

A bill (S. 1631) to provide for a final settlement with the Naalem 
band of the Tillamook tribe of Indians, of Oregon, in accordance 
with a certain agreement between the United States and the said 
Indians, dated the 6th day of August, 1851; and 

A bill (S. ]fi3.j) tj provide for a final settlement with the Tilla- 
mook tribj of Indians, of Oregon, in accordance with a certain 
agreement between the United States and the said Indians, dated 
the 7th day of August, 1851. 

Mr. STOCKBRIDGE, from the Committee on Indian Affairs, 
to whom was referred an amendment submitted by Mr. Man- 
DERSON, January 25, intended to be proposed to tlie Indian ap- 
propriation bill, reported it favorably, and moved that it be re- 
ferred to the Committee on Appropriations and be printed; which 
was agreed to. 

Mr. SHERMAN, from the Committee on Finance, reported an 
amendment in respect to United States bonds, intended to be 
propo.sed to the sundry civil appropriation bill; which was re- 
feri-ed to the Committee on Appropriations, and ordered to be 
printed. 

Mr. MORRILL, from the Committee on Finance, to whom was 
referred the bill (S. 873) to establish an assay office at Baker City, 
in the State of Oregon, reported it without amendment. 

Mr. DAWES, from the Committee on Indian Affairs, to whom 
was referred an amendment submitted by Mr. Dubois Februa"y 
11, intended to be proposed to the Indian appropriation bill, 
reported it favorably and moved that it be refei'red to the Com- 
mittee on Appropriations and be printed; which was agreed to. 

Mr. .TONES of Arkansas, from the Committee on Indian Af- 
fairs, to whom was recommitted the bill (H. R. 3504) for the re- 
lief of the Stockbridge and Munsee tribe of Indians in the State 
of Wisconsin, reported it without amendment. 

Mr. JONES of Arkansas. I present the views of the minority 
of the Committee on Indian Affairs on the bill (S. 3392) to ratify 
and confirm an agreement entered into in March, 1892, between 
the Indians of tho Rosebud Agency and certain Indians of the 
Lower Brule Agency, both in South Dakota, and for other pu)-- 
poses, of which I gave notice some days since. 

The VICE-PRESIDENT. Tho views of the minority will be 
printed with the report of the majority. 

Mr. SQUIRE, from the Committee on Public Buildings and 
Grounds, to whom was referred an amendment submitted by him- 
self, February 13, intended to bo proposed to the deficiency appro- 
priation bill, reported it favorably, and moved that it be referred 
to the Committee on Appropriations and be printed; which was 
agreed to. 

REPORT OF COMMISSIONER OF LABOR. 

Mr. MANDERSON, from the Committee on Printing, to whom 
was referred the following concurrent resolution of the Senate, 
submitted by him on the 10th instant, reported it without amend- 
ment, and it was considered by unanimous consent, and agreed to: 

Eesolved hij the Senafe ylhf House of Hejireseiitatives concurring). That thprc 
be printed ai.OOO additional copies, iu clotli binding, of the eighth annual 
report of the Commissioner of Labor, relating to IniUistrlal education in tho 
United States and Europe; 10,000 copies for the use of the members of the 
House of Representatives, 8,000 copies for the tise of the members of the Sen- 
ate, and 11,000 copies for distribution bythe Department of Labor. 

BILLS INTRODUCED, 

Mr. M ANDERSON introduced a bill (S. 386-1) for tho relief of 
John M. Burks. James Manning, and C. S. Waite; which was 
read twice by its title, and referred to tho Committ 'e on Claims 

Mr. BLODGETT introduced a bill (S. 3865) for the relief of 
Antoinette Acken; which was read twice by its title, and, with 
the accompanying papers, referred to tho Committee on Pen- 
sions. 

Mr. QUAY introduced a bill (S. 3S6'i) for the relief of William 
D. Hartupeo, administrator of the Andrew Hartupee, surviving 
partner of the firm of Tomlinson & Hartupee & Co.; which was 
read twice by its title, and referred to the Committee on Claims. 

Mr. CAFFERY introduced a bill (S. 3867) granting a pension 
to Peter Bromon, of Patterson, La.; which w.as read twice by its 
title, and, with the accompanying papers, referred to tho Com- 
mittee on Pensions. 

Mr. MITCHELL introduced a bill (S. 38G8) to provide for al- 
lotment of land in severalty to the Quapaws in Indian Territory, 
and for other purposes; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Indian Affairs. 

Mr. VOORHEES introduced a bill (S. 3S69) for the relief of 
Lewis Pelham; which was read twice by its title, and referred 
to the Committee on Claims. 

.\MENDMENTS TO APPROPRIATION BILLS. 

Mr. STEWART submitted tin amendment intended to be pro- 
posed by him to the legislative, executive, and judicial appro- 



priation bill; which was referred to the Committee on tho Judi- 
ciary, and ordered to be printed. 

Mr. QUAY submitted an amendment intended to be proposed 
by him to the sundry civil appropriation bill; which was read, as 
follows : 

Insert the following, to come in on page 39, in lino 10, after the word 
"cotirt": 

And it is hereby declared that all appropriations herein made for or per- 
taining to the V/orid's Columbian Exposition are made upon the ( nndition 
that the said Exposition shall not l)0 opened to the public on the fin/, day of 
the week, commonly called Sunday: and if the .said appfopriati,.is be ac- 
cepted by the corporation of the State of lUinoiE knoi/n as the Wodl's Co- 
lumbian Exposition upon that condition, it shall be and it Is here ),', made 
the duty of the World's Columbian Commission, created by act of Congress 
of April 25, 1890, to make such rules or modillc.-.tiou of tho rules of said cor- 
poration as shall require the closing of the Exposition on thellrst day of the 
week, commonly called Sunday. 

Mr. QUAY. That is merely a reiinactment of the jn-ovision 
inserted in tho last sundry civil appropriation act. I move that 
the proposed amendment be referred to the Select Committee 
on the Qua,dro-Centennial and be printed. 

Tho motion was agreed to. 

Mr. VOORHEES submitted an amendment intended to be pro- 
posed by him to the sundry civil appropri-j.tion bill; which was 
referred to the Committee on Appropriations, and oi-dered to be 
printed. 

Mr. HOAR submitted two amendments intended to be proposed 
by him to the sundry civil appropriation bill; which were re- 
ferred to the Committee oa Appropriations, and ordered to be 
printed. 

Mr. COKE submitted an amendment intended to be proposed 
by him to the sundry civil appropriation bill; which was re- 
ferred to the Committee on Appropriations, and ordered to bo 
printed. 

Mr. PLATT submitted an amendment intended to be proposed 
by him to the sundry civil appropriation bill; which was re- 
ferred to the Committee on Appropriations, and ordered to be 
printed. 

Mr. COCKRELL submitted an amendment intended to be pro- 
posed by him to the legislative, executive, and judicial appro- 
priations; which was referred to the Committee on App;-opria- 
tions, and ordered to be printed. 

AMENDMENTS TO MARITIME CANAL BILL. 

Mr. STEWART submitted an amendment intended to be pro- 
posed by him to the bill (S. 1218) to amond the act entitled "An 
act to incorporate the Maritime Canal Company, of Nicaragua," 
approved Febrtiary 20, 1SS9; which was ordered to lie on the ta- 
ble, and bo printed. 

Mr. QUAY submitted an amendment intended to be proposed 
by him to the bill (S. 1218) to amend the act entitlea "An act to 
incorporate the Maritime Cantil Company of Nicaragua," ap- 
proved February 20, 1889; which was read, referred to the Com- 
mittee on Foreign Relations, and ordered to be printed, as fol- 
lows: 

Amend the bill by adding the following, to come in as an additional section: 

•-This actshaU not take effect tmtil theGovernmeut of the UnitelStatea 
shall haye secured, by convention with the Governments of Cost>i Kica and 
Nicaragua, the right to fortify an:l garrison the termini of the proposed canal 
upon the Atlantic and Pacific Oceans, and to m:iinlain one or more armed 
vessels upou the Lake of Nicaragua, and to move military forces through 
the territory of either of those slates for the purpose of protecting the caual 
and the persons of citizens of the United States operating the same." 

Mr. PELTON submitted an amendment intended to be pro- 
posed by him to the bill (S. 1218) to amend the act entitled 
"An act to incorporata the Maritime Canal Company of iNicara- 
gua," approved February 20, 18S9; which was ordered to lie on 
the table and be printed. 

Mr. PEFFER submitted an amendment intended to be pro- 
posed by him to the bill jS. 1218) to amend the act entitled "An 
act to incorporate the Maritime Canal Company of Nicaragua," 
approved February 20, 18S9; which was ordered to lie on the 
table and bo printed, 

PRINTING OF CHEROKEE OUTLET BILL. 

Mr. PLATT. I should like to obtain an order to reprint the 
bill (H. R. 9190) to ratify and confirm an agreement with the 
Cherokee Nation of Indians of the Indian Territory, to make 
appropriation for carrying out the same, and for other purposes, 
as it nassed the Senate. Tlie entire print has been exhausted. 

The PRESIDING OFFICER (Mr. Chandler in the chair). 
The order will ba made to reprint the bill, if there is no ob- 
jection. 

CLOSING OF WORLD'S FAIR ON SUNDAY. 

Mr. QUAY submitted the following resolution; which was con- 
sidered by unanimous consent, and agreed to: 

Hesolred. That the Secretary of the Treasury shall be, ,and hereby is. di- 
rected forthwith to Infoi'm the Senate whether the appropriations, or any 
part thereof, made to the World's Columbian Exposition by the act making 
appropriations for sundry civil expenses of the Government for the fiscal 
year ending June SO, 1803, and for other purposes, approved August 5, 189i, 
have been paid to the World's Columbian Commission; and if so, vjhat rules, 



1893. 



CONGRESSIONAL RECOED— SENATE. 



I()01) 



COMMITTEE ON THE DISTRICT OF COLUMBIA. 

On motion of Mr. McMILLAN, it was 



Ordei-fd. That the Committee on the District of Columbia have leave to sit 
dming; the remaining sessions of the Senate. 

READING OF WASHINGTON'S FAREWELL. ADDRESS. 

The VICE-PEESIDENT. The Chair lays betore the Senate 
a resolution coming- over from a proviQus day, which will be 
I'cad. 

The Chief Clerk read the resolution submitted yesterday by 
Mr. Hoar, as follows: 

That on the 22a day of February, current, the anniversary of the blrihdav 
ot Georee Washinston, the Senate shall meet at 12 o'clock at noon, and after 
the reading of the Journal, shall listen to the reading of Washington's faro- 
well address by the Senator from Nebraska, President ;);-o ^c-mpore ot the 

Senate. 

The VICE-PRESIDENT. The question is on agreeing to the 

resolution. 
The resolution was agreed to. 

MESSAGE FROM THE HOUSE. 

A message from the House of Repre.sentatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had agreed 
to the report of the committee of con!"erence on the disagreeing 
votes of the two Houses on the amendment of the House to the 
bill (S. 1303) to increase the p.?nsion of Mrs. S. A. Parquharson. 

The message also announced that the House had passed the 
following bills: 

A bill (S. 2828) for the relief of L. M. Garrett; and 

A bill (S. 3819) granting a pension to Mary Doubleday, widow 
of Bvt. Maj. Gen. Abnoi- Doubleday. 

The message further announced that the House had agreed to 
the resolution of the Senalo providing for the printing of the 
eighth annual report of the Commissioner of Laljor. 

The message also announced that the House had agreed to the 
am2ndmonts of the Senate to the following bills: 

A bill IH. R. 9730) to amend the charter of the Brightwood 
Railway Company of the District of Columbia; and 

A bill (H. R. 9s2(i) granting certain rights and privileges to 
thj commissioners of waterworks in the city of Erie. Pa. 

The message further announced that the House had passed the 
following bills and joint resolution; in v.'hich it requested the 
concurrence of the Senate: 

A bill (H. R. 1479) to remove the charge of desertion from the 
record of James Morrison, alias James C. Mcintosh; 

A bill (H. R. 10241) to amend ''An act making appropriations 
for the construction, repair, and preservation of certain public 
works on rivers and harbors, and for otlier purposes," approved 
July 13, 1892; 

A bill (H. R. 10391) to amend an act entitled ''An act to pro- 
vide for the establishment of a port of delivery at Council Bluffs, 
Iowa;" and 

A Joint resolution (H. Res. 202) extending the session of the 
Thirtieth Legislative Assembly of the Territory of New Mexico 
from sixty to seventy days. 

The message also announced that the House had passed aeon- 
current resolution providing for the printing of 9,000 copies of 
the annual report of the Chief of the Weather Bureau; in which 
it requested the concurrence of the Senate. 

The message also announced that the House had passed a con- 
current resolution requesting the Secretary of War to ascertain 
and report the present actual condition of harbor im])rovement 
at Cumberland Sound and the entrance to the port of Feruan- 
dina. Fla.; in which it requested the concurrence of the Senate. 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House 
had signed the following enrolled bills and joint i-esolutions; and 
they were thereupon signed by the Vice-President: 

A bill (S. 1083) for the relief of Mrs. Fannie N. Belger: 

A bill (S. 294G) to amend an act entitled "An act to incorpo- 
rate the Masonic Mutual Relief Association of the District of 
Columbia," approved March 3, 1869; 

Abill (S. 383(5) to authorize the Union Railroad Company to 
construct and maintain a bridge across the Monongahela River; 
and 

A joint resolution (S. R. 130) to amend an act entitled "An act 
making Saturday a half-holiday for banking and trust companies 
in the District of Columbia," approved December 23, 1892. 

ARMY APPROPRIATION BILL. 

Mr. STEWART submitted the following report; 

The committee of conference on the disagreeing votes of the two Houses 
on the amendments ot the Senate to the bill (H. R. U82.'i) "making appropri- 
ations tor the support of the Army for the fiscal year ending June 30, 1S91, 
and tor other purpo.ses," having met, after full and tree conference have 
agi'eed to recommend and do recommend to their respective Houses as fol- 
lows: 

That the Senate recede from Its amendments numbered b and 13. 



• II. -1.1 ,.t the 



y 



'^''•" 'htHiiir " recede from lia dlsaKreenionl to the amendments of iho 
JLiiiau miUUhed '.', 3, t, 8, 7, 8. 9. 10, It. 12, n, 15, 18, 17. \S, and a and iiifrc© to 
lue same. 

Th.at the House recede from Its dUagrernieni to the amendnient of the 
Senate numb.-rea I. -..n.! ;.«r.e !■■ i!,. -.i;ii.- with :.i. ;„n, i, i„„.„i ».< follows: 
strike out In i .,„| i„iHri tt< 

Ueuihereoft " "'^" "^ 

That the Hiii 
Senate numb- rvLl i.' 
In Ueuot the m:itt< 1 
part ot thisajipr..!)!-. 
zlnerlllesof roielgii 
veutlon as may be ). 
nextlhlrtyday.ssh.il 
by the Secrel:iry o( W ;ir, \v!.:. i, 
and Formication on or before .1 
olllcers shall be In f.iv.jr ot anv 
the approval ot the Hoard o( iii.; 
of War. ihtux this approiuiailiiii 
direct, shall bi- e.\peuded In the : 
ri(fc(//«;V/itr, Thailf nosuch Anicii. in n:v. lui. :i ,ii ,m u- r. 
said boai'd or receive the approval ot the Sin-reiary ot War; " :ii 
agree lo the same. 

That the Ho!i ' ' '■ 

Senate numlx-i 

Insert aft4'r th. ,. 

lowing: •■also. ill. , .,,...• ., ,f 

aceepted applli-auts ir,»m lueir h , . 

l/.ed hy the S.Tretary of War; " ;- 

That the House recede fr-'-i 
Senate numbered 21, and ;i 
Strike oui In lino 3 ot the - , i 

Ul lieu thereof the v,ord • p; ;., 

Wil.l.i r. 

W. II 

•I" ' . ... 

Ha • i)u .•iriiale. 

.1' .!TE, 

\\ . 1 .M. ^^ lU.ClCV. 

HENRY II. UlNGHAM. 

Xtanageri un Iht part of thi Uoutt. 

Mr. MANDERSON. This, like most conforoncc roporia u|)on 
an appropriation bill, is of such nature that it is simply impos- 
sible to understand what may be the points of ugr.-i-ih. n* and 
disagreement between the two Houscb. The umendiiic-nts are 
numbered upon the original bill, and we have no print liefore uh 
by which we can ascertain what the Senate confertM-« have 
agreed to in the way of House demands and what tlie HuuMc 
conferees have agreed to in the way of Senate umundineiits. 

There are one or two matters in connection witli the bill about 
which I should like to have some light l)efore the vot<- i.-< taken 
upon agreeing to the conference report. The Senate placed 
upon the bill, after very full expression of opinion,all who Hpoke 
favoring it, an amendment proposed by the Committee on Mili- 
tary Affairs, which it was urged was a necosiily for the b,-netit 
of the military service. It was an amendment raising tlio pay 
of noncommissioned oflicers, particularly of sergeants, .so that 
the sti-ange anomaly might not exist that private soldit-rs on 
e.\ti'a-duty pay should be receiving more than sergcanUsof tlio 
Army, who are so directly responsible for the discipline, train- 
ing, and drilling of the Array. 

I should like to ask concerning that amendment that it l>e read 
at the desk, and if there is disagreement to it that wo may bo so 
informed, or if there is change in it that wo may recL-ivo infor- 
mation ujjon that subject. 

Mr. STEW.VRT. I can state the change. The pay of sor- 
geants is. I think, $22 now, and it was increased by the Sfnalo 
to $30. That was changed by inserting $2,") in the plue ■ <if $:;ii. 
We did not agree to the full extent of the Senate amendment. 
In other respects the amendment is changed. The coiiferees 
insert $2.^ for $30 in the amendment made by the Senate. 

Mr. MANDERSON. I ,-liould like to ask the Senator from 
Nevada whether ho is aware of the fact that by the unanimous 
report of the Committee on Military Affair.^ of the Senate, and I 
think also by the action of the Cominittoi- on Military .MTairs of 
the other House, the recommendation was made that lirsl sor- 
geants' pay should be $34 a month, and that this adju.-ilnuntor 
compromise at $30 a month was one that .seemed to bo ae<-.>p-able 
not only to the House Commitlee on Military Affair.-', but to tln^ 
conferees on the part of the House in charge of the app opriu- 
tion bill. 

I greatly fear sometimes that, notwithstanding un:iiii'i,!; . nf 
expression and very decided action on the part of 
(and in making this remark I do not mean fi ro!!' 
Senae conferees, but I simply make thi: - 
haps this is such an instance,', there li.is no f 

holdingand pertinacity of attack which siio 
ference where the Senate coiifereesaroenc; 

the wishes expressed by the Senate. Couli; ;. 

holding another day or two to the bill, jiorh.ips havii; i 

in form as pro|iosed. procure from the Uoua • con i'. 

which wc certainly of the Committee on Military .\iliiii.- luivo 
concluded from what they have slated they were as anxious for 
as was the Senate when it gave the decided vote it did in favor 
of the amendment? 



IGIO 



CONGRESSIONAL RECORD— SENATE. 



Febeuaey 15, 



Mr. STEWAKT. I think that if we raise the pay to $25 at 
this session perhaps the rest can be procured at another session. 

Mr. MANDERSON. No; we want it now. 

Mr. STEWART. The conference committee have reported 
otherwise, and they were unanimous. I do not propose to dis- 
cuts what occurred' in the conference and to tell how each man 
stood. 

Mr. MANDERSON. No; I do not ask that. 

Mr. STEWART. That I can not do. But the conferees on 
the part of the Senate have done their best to carry out the 
wishes of the Senate. If the Senate are dissatisfied with the re- 
port they can reject it and have another conference. 

Mr. BATE. Will the Senator from Nevada allow me a word? 

Mr. STEWART. Certainly. 

Mr. BATE. There are several things in the report that I 
can not for one understand, and I am a member of the Com- 
mittee on Military AtTairs. I not only fail to understand the 
action of the conferees on the point made by the Senator from 
Nebraska [Mr. Manderson], but also in regard to the Signal 
Service, striking out lieutenant-colonel and leaving the service 
as it is in regai'd to the general who is now at the head of it. 
All of these are important matters, and I can not get the drift 
of them from the report. I suggest the propriety of having it 
Ijrinted and let it lie over until to-morrow or some other day. I 
hope the suggestion will meet the approbation of the Senator 
from Nevada. 

Mr. STEWART. I have no objection to that course. I would 
rather that the Senate should look at the report. 

Mr. BATE. I ask that that be done. 

Mr. ALLISON. Before the I'eport passes over, I should like 
to say a few words in response to the suggestions that have been 
made respecting the report, and especially the suggestion made 
by the Senator from Nebraska [Mr. Manderson], that possibly 
the Senate conferees did not, with that tenacity of purpose which 
should have characterized them, insist on certain amendments. 

I desire to say respecting these amendments, in the first place, 
that they had no part or parcel or place in this bill. It was dis- 
tinct and separate legislation that should have been considered 
hy the two Houses independently. 
■ Mr. MANDERSON. So it has been. 

Mr. ALLISON. It should not have been placed upon an ap- 
propriation bill. The Committee on Appropriations let the 
amendments go on the bill at the urgent request of the Com- 
mittee on Military Affair.s, with the understanding and state- 
ment that there was no objection to the amendments in either 
House, and if they were put on here the effect would be to make 
an important improvement in the Army. With that under- 
standing I for one, as a member of the Committee on Appropri- 
ations, consented that the amendments should go upon the bill, 
and I waived the point of order vifhich I had a right to make. 
Thereupon, as an argument in favor of two amendments to the 
bill, it was stated that the amendment relating to the enlistment 
of persons in the Army, which required that they should be 30 
years of age and should not reenlist more than once, would 
save a large sum of money in the future as respects the Army , and 
that that amendment taken in connection with the other amend- 
ment respecting the sergeants, would result in a considei-ablo 
reduction in the expenditures of the Government for the Army. 

Tliose two amendments were put upon the bill together as a 
part of one scheme. Having been told that the amendment re- 
specting the enlistment of soldiers was one that met with ap- 
proval in both Houses, when we went into conference we were 
met on the part of the House conferees with an insistence that 
the first amendment should be practically abrogated by the in- 
sertion of clauses that came to them and not to us from the War 
Departmentand the Adjutant-General, nullifying practically the 
whole provision respecting thereenlistment of soldiers in the 
Army. They wanted us to yield all the saving which we were 
told would b3 made by the two amendments together. 

I agree that the conferees upon the part of the House of Rep- 
resentatives would perhaps have accepted the proposition, and 
I may go further and say that they probably would have yielded 
the $3U a month pay to sei-geants, but I submit that it is unfair 
and unjust to this body to put amendments upon the bill reducing 
expenditures and then inconference to change those amendments 
so as to increase expenditures. 

I have no objection to the report going over. I have no ob- 
jection to the report being voted down by the Senate if the con- 
ferees, as has been intimated by the Senator from Nebraska, 
have not done their duty in the premises. I care nothing re- 
specting this matter. I want the question whether we shall 
raise the pay of the soldiers of the Army, whether they be 
first sergeants or second sergeants, to bo submitted to the two 
Houses of Congress in open session for their vote, and not upon 
an appropriation bill which must pass witliin the next ten days. 

Mr. STEWART. I should like" to state that if the report is 



referred back to the committee of conference I for one shall be 
in favor of raising the point of order and leaving the whole of 
this legislation off the bill, if there is such disagreement about 
it. It can only go on by waiving the point of order. There is 
considerable ah-eady done by the conferees in this bill in the 
line desired by the Senator from Nebraska, but if we are to de- 
lay time on these questions and if they are going to raise dis- 
cussion, they are subject to the point of order, and the only 
course we shall have to pursue will be to leave them off the bill. 

Mr. MANDERSON. Mr. President, I do not think it is a waste 
of the time of the Senate that the Senate shall insist that its 
conferees shall with determination insist in conference upon 
that which the .Senate places upon appropriation bills. This is 
the second conference report upon an appropriation bill that has 
come to us at the present session of Congress. There was alittle 
inclination to reflect somewhat upon the action had in the con- 
ference on the fortifications appropriation bill, but that was 
passed by without much complaint. This is the entering wedge 
of tliat which is to occupy the Senate during the remainder of 
the session. We are either to keep our mouths closed or wo 
ai-e to be I'ellected upon and declared to be unjust because those 
of us interested in items upon appropriation bills insist that there 
shall not be a speedy giving way of that which is placed upon 
the bills by the Senate. 

This amendment is not subject to any point of order, as sug- 
gested by the Senator from Nevada, and it was not subject to the 
raising of a point of order when it was presented, as declared now 
by the Senator from Iowa. The amendment came under the rules 
of the Senate, based upon legislation had in this body and based 
upon legislation had in the House of Representatives, both Houses 
having expressed their desire but not having met by bill. The 
amendment was introduced under the rules by the Senator from 
Vermont [Mr. Prootor]. It passed to the proper committee for 
the consideration of questions of that character. It went to the 
Committee on Military Affairs, and it received from that commit- 
tee unanimous report in its favor. Having thus paved its way 
under the rules it was not subject to apointof order, as suggested 
by the Senator from Iowa, for it is not in the character of general 
legislation upon an appropriation bill. 

Mr. ALLISON. It is, absolutely, and nothing else. 

Mr. MANDERSON. It is the stating of what shall be done 
with the amount appropriated for the pay of the Army, that it 
shall have its distribution as declared, that to first sergeants 
there shall go $30 per month. Under the law a first sergeant 
now receives $22. 

Mr. HALE. Does not the amendment change the law in a 
direct way and make the pay $30 ? How can the Senator get 
more general legislation tlian to take the pay of any portion of 
the Army that is fixed by law and provide that there shall bo a 
different pay established ? If that is not general legislation it 
is difficult to see what is. 

Mr. MANDERSON. I think it is a special appropriation of 
that which is generally appropriated. Butletthat be as itmay, 
the point of order was not made, and no man in the Senate raised 
his voice against the wisdom of the proposed enactment. Several 
spoke in its favor. 

Mr. ALLISON. The Senator will allow me to state that, 
while it is true no point of order was made, it was not made bo- 
cause it was understood that the two Houses desired this legis- 
lation. I for one .waived the point of order on that ground. If 
it is to be understood that all legislation is to go on the appro- 
priation bills, then lot the legislation come; but if it is under- 
stood that controverted questions are to go upon these bills it 
will be impossible for us to pass at a short session all the contro- 
verted questions in this body and in the other upon appropria- 
tion bUls. 

Mr. MANDERSON. But I have suggested to the Senator that 
this was not a controverted question. It has not been contro- 
verted between the two Houses. 

Mr. ALLISON. I will state that we were told by the confercos 
on the part of the House that the House of Representatives would 
never consent upon an open vote to increase the pay of sergeants. 
That was stated in confeVence by the House conferees. 

Mr. MANDERSON. The House have provided in a bill for an 
increase in the pay of sergeants, not to the extent, however, of 
the Senate bill as reported by the Committee on Military Af- 
fairs. 

As to the matter referred to by the Senator from Iowa, as hav- 
ing been abandoned because of the saving in the bill which ha:l 
been procured by the amendment introduced by the Senator from 
Vermont [Mr. Proctor], the fact, as I understand it, is this: 
The proposition referred to on page 24 of the print which I have 
in hand is as follows: 

And hereafter, in time of peace, no recruit shall be enlisted in the Army 
for the first time who is over 30 years of age, and no person shall be roen- 
listed whohas served ten years or more, ov who is over 35 years of age, ex- 



1893. 



CONGRESSIONAL RECORD— SENATE. 



I(i25 



When the Presidential campaign of 1884 came on, th'^ Demo- 
cratic party (to which party he had always theretofore given his 
allegiance and support) called upon him to serve as one of their 
Presidential electors, a position rarely given to so young a man. 
To the surpris3 and regret of his party associates" ho promptly 
declinod to serve in the position to which he had been nominated, 
believing as he did that the true interests of his State and the 
nation would be best conserved by the olection of the late Benja- 
min P. Butler to the Presidency. 

Indei endenco in thought and action in respect of all matters, 
social or political, was one of his most prominent characteristics, 
and he followed the dictates of his c.vn reason and judgment 
without any apparent thought of what the eft'ect might beu))on 
his chances for political preferment, lloniaining in private life 
for several years, he again presented himself in 1881) as a candi- 
date for public office, that of State senator, and was returned as 
elected; but on the convening of the Legislature hiseloction was 
contested, and for partisan reasons and purposes Mr. McDonald 
wasunseated. However, atthemectingof the succeeding Legis- 
lature this injustice was corrected, his seat was restored to hTra, 
and ho retained it until he resigned to take his seat in the House 
of Representatives, to which ho had in the mean time been 
elected. At the beginning of the Fifty-second Congress, and 
while still a member of that body and also a candidate for reelec- 
tion to the same, his death occurred. Ho has departed. His 
terra had not expired, but his name no longer is noard in the 
roll call of the House. 

The State he loved and served with signal devotion has sent 
here no successor to occupy the seat he so worthily filled. Such, 
in brief, was Mr. McDonald's political career. Starting with a 
township office, he rose step by step to that of Congressman. 
An alien, and not favored by fortune, he conquered the accidents 
of birth, and, scaling every barrier, rose by successive steps to 
the highest station within the gift of the people of his district. 
The confidence and trust reposed in him by his constituents is 
best shown by the way in which they supported his candidacy 
to any office to which he aspired. 

Frank, open-hearted, and generous to a fault, a friend as much 
in adversity as in prosperity, he possessed all the noble and 
sturdy cjualitits peculiar to the race from which he was descended, 
combined with a rare business ability drawn from his American 
education and surroundings. While a Roman Catholic in his 
religious belief, Mr. McDonald was most liberal in his contribu- 
tions to all charitable objects, irrespective of any church; be- 
sides, in an unostentatious way, being the cause of happiness to 
many poor families. 

Possessed of magnificent health and robust in build, he could 
stand work that would have been death to a less powerful man. 
Most particularly was tliis apparent in his political labors. The 
first gun fired in the campaign found him at his post; and whether 
working for his own political advancement or the general party 
success, he was untiring in his efforts until the end of the cam- 
paign was reached. 

In the late election he was a candidate for reelection to the 
House of Representatives, but pneumonia carried himolT almost 
at the very inoment when success was about to crown his efforts, 
leaving a widow and several children to mourn the loss of a kind 
and loving husband and father, and regretted by a large circle 
of friends. 

New Jersey greatly mourns the loss of her able and faithful 
servant in the wider field of duty to which ho had been so re- 
cently called; and the Congress of the nation will have reason to 
feel and mourn the loss of one of its valued members who loved 
liis country with an ai'dent devotion, and who sacrificed his life 
in the endeavor to promote the success of those principles which 
in his inmost hea'.-t and mind (and with allhis strength) he con- 
ceived to be her true and best interests. 

Mr. BLODGETT. Mr. President, after a brief illness Edward 
F. McDonald, a Representative from the Seventh Congressional 
district of the State of New Jersey, died at his home in Har- 
rison, N. J., on the ath of November, 1892. In the prime of life, 
just when his sterling qualities were making him conspicuous 
among his fellow-men, "God's finger touched him and he slept.'' 

Mr. McDonald was born in Ireland and came to this country 
when quite young. After finishing his studies in tlio public 
schools he learned the trade of a machinist, and followed that 
business until 1875. I first became acquainted with him about 
1876, when he was following his daily avocation as a mechanic. 

At that time the characteristics which were more prominently 
displayed in after life were visible in young McDonald. He is 
a straightforward, honest, upright man. The people of his city, 
recognizing the worth of the young man, elected him as a mem- 
ber of the State Legislature. He made a record in the General 
Assembly as a cai-eful, conservative, and able legislator, and it 



was in this position that he became so well and favorably kuowa 
throughout his district. On his retirement from the'l^-gisla- 
ture ho was called upon to perform more important duties, du- 
tie-i that more particularly cjnconied the intcresis of his own 
city. 

It was at a time when marked extravagano* and a rocklesse.x- 
penditure of public moneys charactorized ii>.- '.nornin.-nt of 
Hudson County, and the people of that cou ; to .Mr. Mo- 

Donald to save them from the corrupt ;•.. linu of the 

county authorities and elected him director ai Urt'^- of tholoavd 
of chosen freeholders of that county under a special law wliioh 
invested the director with a veto power absolute in . ' > 

p;'rtaining to appropriations made by that board, s / 

and well did ho I'crform the duties of that ..».•■ li,-,- :. 

elected from year to year until there no Ion 

sity for the o.xorcise of so great a jmwer. II . -■,! 

a member of the State senate from the cuuiily of lliid.-..iii. At 
that election the grossest frauds upon the otoctive franch i-o wore 
perpetrated by men high in oflicial station. 

During the investigation that followed Mr. McDonald boro 
himself with conspicuous fairness and frankness. No tjiint of 
suspicion attached to his name. Indeed, the result of the inves- 
tigation so endeared him to the people of his county that he was 
nominated and triumphantly elected a member of" the national 
House of Representatives, while his term of three yearn in the 
State senate was but half completed. The same industry and 
ability were displayed in the short time ho represented his neo- 
pk' in Congress, and he was just entering u| on a more b-illlant 
career when he was called upon to pay the debt of nature. 

In the death of Mr. McDonald his family lost a devoted hus- 
band and a loving father, whoso presence made homo 8ui)romeIy 
hap])y; his neighbjrs a kind and courteous friend, whoso warm 
h: art and cordial hand always gave them sincere welcome; his 
district and .State an able and industrious Representative, who 
was true to every trust. 

Ho has gone from the cares and trials of this life to the crown- 
ing glories of etjrnity, but his memory will long live in the 
hearts of the people he represented so faithfully and well. 

Mr. President, I move the adoption of the resolutions submitted 
by my colleague. 

The resolutions were agreed to unanimously; and (at ."> o'clock 
p. m.l the Senate adjourned until tomorrow, Thursday, February 
16, 1893, at 11 o'clock a. m. 

NOMINATIONS. 
Eoxciclive nominatmis received by the Senate February IS, tS9S. 

POSTMASTERS. 

Harry A. Ferguson, to be postmaster at Colorado Springs, in 
the county of El Paso and State of Colorado, in the place of Mel- 
vin W. Everleth, resigned. 

Mrs. A. 'V. Weaver, to bo postmaster at Colfax, in the county 
of Jasper and State of Iowa, m the place of Jacob P. Weaver, do- 
ceased. 

Edward H. Hubbard, to be postmaster at Kalispol, in the county 
of Missoula and State of Montana, the appointment ol u post- 
master for said office having, by law, become vested In the Presi- 
dent on and after January 1, 1893. 

Miss Adelia M. Barrows, to be jiostmaster at Hinsii-' ■■ •';.• 
county of Cheshire and State of New Hampshire, in • .)f 

Miss Adelia M. Barrows, whose commission expire ,y 

28. 1893. 

Mary R. Dusenbery, to be postmaster at Concord, In the county 
of Cabarrus and State of North Carolina, in the place of .Mary H. 
Dusenbery, whoso commission expired February II, l^ti.'!. 

Andrew S. Ellingson, to be postmast<-r at North W(xh1. in the 
county of Grand Forks and Stat<- of North Dakota, tlie a|i|>nint- 
ment of a postmaster for the said office having, by law, b 'conio 
vested in the I'rcsidcnt on and after January I, 1H9.1. 

Oscar D. Purinton, to bo postmaster at Cooiwrstown, In the 
county of Griggs and State of North Dakota, the apixjintinent of 
a postmaster for the said office having, by law, bcconi" vi-stcd in 
the President on and after January 1, 18!i:i. 

Winfield S. Rose, to bo postmaster at MeadviIlo,in thc-countv 
of Crawford and State of Pennsylvania, in the place of f >rrlnH. 
Hiillister, removed. 

Ja-son B. Root, to be postmaster at Oakes. in the county of 
Dickey and State of North Dakota, the apjiointment of a post- 
master for the said office having, l.iy law, become vested in the 
the President on and after January 1, 180.1, 

APPOINTMENT IN THE NAVY. 

John M. Evans, a resident of Minne.sof a, to be an assistant pay- 
master in the Navy, to fill a vacancy in that gra<le. 



1626 



CONGRESSIONAL RECORD— HOUSE. 



Eebeuaey 15, 



PROMOTIONS IN THE NAVY. 

Ensign Albert P. Niblack, to be a lieutenant, junior grade, in 
the Navy from August 24, 1892, vice Lieut, (junior grade) T. M. 
Brumby, promoted. 

Ensign William Truxtun, to be a lieutenant, junior grade, from 
November 18, 1892, vice Lieut, (jvinior grade) Valentine S. Nel- 
son, promoted (to be subject to the examinations required by 
law). 

Ensign Stokeley Morgan, to be a lieutenant, junior grade, in 
the Navy from December 4, 1892, vice Lieut, (junior grade) E. E. 
Wright, promoted. 

Commander Silas W. Terry, to be a captain in the Navy from 
January 9, 1893, vice Capt. William Whitehead, deceased. 

Lieut. Commander Edward T. Strong, to be a commander in 
the Navy from January 9, 1893, vice Commander Silas W. Terry, 
promoted. 

Lieut. Daniel Delehanty, to be a lieutenant-commander in the 
Navy from January 9,1893, vice Lieut. Commander E. T. Sti'ong, 
promoted. 

Lieut, (junior grade) Albert Cleaves, to bo a lieutenant in the 
Navy from .January 9, 1893, vit-e Lieut. Daniel Delehanty, pro- 
moted. 

Ensign Francis J. Haesler, to be a lieutenant, junior grade, in 
the Navy from January 9, 1893, vice Lieu, (junior grade) Albert 
Cleaves, promoted. 

Lieut. Commander Robert E. Impey, to be aeommander in the 
Navy from January 25, 1893, vice Commander Henry L. Johnson, 
dismissed. 

Lieut. Frank W. Nichols, to be a lieutenant-commander in the 
Navy, from January 2.5, 1893, vice Lieut. Commander R. E. Impey, 
promoted (to be subject to the examinations required by law). 

Lieut, (junior gi-ade) JamesP. Parker, to be a lieutenant in the 
Navy, from January 26, 18fl3, vice Lieut. Prank W.Nichols, pro- 
moted (subject to the examinations required by law). 

Ensign Edward Simpson, to be lieutenant, junior grade, in the 
Navy, from Januai-y 25, 1893, vice Lieut, (junior grade) James 
P. Parker, promoted. 

Lieut. Commander Zera L. Tanner, to be a commander in the 
Navy, from February 7, 1893, vice Commander O. A.Batcheller, 
retired. 

Lieut. Chai'les C. Cornwell, to be a lieutenant-commander in 
the Navy, from February 7, 1893, vice Lieut. Commander Z. L. 
Tanner, promoted (subjectto the examinations required by law). 

Lieut, (junior grade) Benjamin W. Hodg-es to be a lieutenant 
in the Navy, from February 7, 1893, vice Lieut. Charles C. Corn- 
well, promoted (subject to the examinations required by law). 

Ensign William C. P. Muir.to be a lieutenant, junior grade, 
in the Navy fi'om February 7, 1893, vice Lieut, (junior grade) B. 
W. Hodges, promoted. 

Assistant Engineer Samuel H. Leonard, to be a passed assist- 
ant engineer in the Navy from August 3, 1892, to fill a vacancy 
(subject to the examinations required by law). 

Assistant Engineer Leo D. Miner, to be a passed assistant en- 
gineer in the Navy from October 7, 1892, to fill a vacancy (sub- 
ject to the examinations required by law). 

Assistant Engineer Thomas W. Kinkaid, to be a passed assist- 
ant engineer in the Navy from November 11, 1892, to fill a va- 
cancy. 

Assistant Engineer Harry Hall, to be a passed assistant engi- 
neer in the Navy from December 14, 1892, to fill a vacancy (sub- 
ject to the examinations required by law). 

Assistant Engineer Joseph L.Wood, to be a passed assistant en- 
gineer in the Navy from January 17, 1893, to fill a vacancy (sub- 
ject to the examinations required by law). 



CONFIRMATION. 
Exeeidive nmnination confirmed by the Senate February 1S,1S9S_. 

POSTMASTER. J&ili^~ 

Edward J. Day, to be postmaster at Monctt, in the county of 
Barry and State ot Missouri. 



with the accompanying documents, referred to the Committee 
on Labor: 

To the S€7iate an.d House of Ucpreseyitativcs ; 

I transmit here'vrith a special report ol the Commissioner ol Labor relat- 
ing to compulsory insurance of workingmen in Germany and other coun- 
tries 

BENJ. HARRISON. 
Executive Maksion, 

Washington, D. C, Fdiruary u, l')93. 

REPORTS ON THE NAVAJO COUNTRY. 

The SPEAKER also laid before the House the following mes- 
sage from the President of the United States; which was read, 
and, with the accompanying papers, referred to the Committee 
on Indian Atfairs, and ordered to be printed: 
To the Senate and House of Representatives: 

I transmit herewith a communication of the 13tU instant from the Secre- 
tary of the Interior, transmitting copy of reports of Lieuts. Brown, Gtiro- 
vits, and Suples, United States Army, who were charged with the duty ot 
lu,specting Iho Navajo country so that the Interior Department could t>o 
advised as to the practicability of restraining the Navajoes wllhln their 
present reservations and of faniishinE^ :iTig;Ui6n and v.-ater for their flocks, 
together with report of the Commis^iouer of Indian Affairs upon the matter, 
with draft of an Hem of appropriation to carry the same into effect. 

BENJ. HARRISON. 

ExEcnxrvE Mansion, Febnuiry it, 1393. 

REPORT OP THE COMMISSIONER OF LABOR. 
The SPEAKER also laid before the House the following con- 
current resolution of the Senate: 

Hesolved oil ttie. Senate {the House of Jiepresentatives concurrintj). That there 
beprint-ed 35,000 additional co; les in cloth bindingoi the eighth annual report 
of the Commissioner of Labor relating to industrial education in the United 
States and Europe. 16,000 copies for the use of the members of the House of 
Represeutatives, 8.000 copies for the tiso ot the members of the Senate, 11,000 
copies for distribution by the Department of Labor. 

J.Ir. RICHARDSON. This is the regular annual reportof tho 
Commissioner of Labor, and I ask its immediate consideration. 

Tho SPEAKER. Is there objection to the request of the gen- 
tleman from Tennessee? 

There being no objection, the concurrent resolution was con- 
sidered, and agreed to. 

MARY DODBLEDAY. 

The SPEAKER also laid before the House the bill (S. 3819) 
granting a pension to Mary Doubleday, widow of Bvt. Maj. Gen. 
Abner Doubleday. 

Mr. COOMBS. Mr. Speaker, I ask unanimous consent for tho 
present consideration of that bill. 

The SPEAKER. The bill will be read, subject to tho right ol 
objection. 

The bill was road, as follows: 

He it enacted, etc.. That the Secretary of the Interior be, and he is hereby, 
atithorized and directed to place on the pension roll, stibject to the provi- 
sions and limitations of the pension laAvs. the name of Mary Doubleday, 
widow of Maj. Gen. Abner Doubleday, and pay her a pension of SlOUper 
month. 

There being no objection, the bill was considered, ordered to a 
third reading, and being read the third time, was passed. 

On motion of Mr. COOMBS, a motion to reconsider the last 
vote was laid on the table. 

BRIGHTWOOD RAILROAD COMPANY, DISTRICT OP COLUMBIA. 

The SPEAKER also laid before tho House the amendment of 
the Senate to the bill (H. R. 9730) to amend the charter of the 
Brightwood Railroad Company of the District of Columbia. 

Mr. RICHARDSON. I ask unanimous consent for the present 
consideration of the Senate amendment to this bill. 

The Senate amendment was read at length. 

Mr. RICHARDSON. I move concurrence in the Senate amend- 
ment. 

There being no objection, the Senate amendment was consid- 
ered, and concurred in. 



HOUSE OF EBPEESENTATIVES. 

Wednesday, February 1.5, 1803. 

The House met at 11 o'clock a. m. Prayer by the Chaplain, 
Rev. W. H. MiLBURN, D. D. 

Tho Journal of the proceedings of yesterday was read and ap- 
proved. 

COMPULSORY INSURANCE OF WORKINGMEN IN GERMANY. 

The SPEAKER laid before the House the following message 
from the President of the United States; which was read, and, 



-^ 



AMERICAN UNIVERSITY. 



The SPEAKER. The Chair will state that the House has 
already passed a bill to incorporate the American University, a 
similar bill. No. S. 3792, having also passed the Senate. The 
Senate has passed the House bill, and, without objection, the 
Senate bill on the same subject will bj indefinitely postponed. 

There was no objection, and it was so ordered. 

LEGISLATIVE ASSEMBLY OF NEW MEXICO. 

Mr. JOSEPH. Mr. Speaker, I ask unanimous consent for tho 
present consideration of the joint resolution (H. Res. 202) ex- 
tending the session of the Thirtieth Legislative Assembly ot 
the Territory of New Mexico from sixty to seventy days. 

The SPEAKER. The joint resolution will be read", subject 
to objection. 

The joint resolution was read, as follows: 

Whereas the Thirtieth Legislative Assembly of the Territory of New Mex- 
ico, being now in session at Santa Fe, N, Mex. ; and 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1(>59 



SENATE. 

Thursday, February 16, 1893. 

The Senate met at 11 oclock a. m. 

Prayer by the Chaplain, Rov. J. G. BuTLER, D. D. 

CLOSING OF WORLD'S FAIR ON SUNDAY. 

The VICE-PRESIDENT laid before the Senate a communica- 
tion from the Secretary of the Treasury, transmittinfj, in re- 
sponse to a resolution of the 14th instant, information relative to 
the manner of disbursement of appropriations made lo the 
World's Columbian Exposition by the act making appropriations 
for the sundry civil expenses of the Government for the liscal 
year ending June 30, 1893, and for other purposes, approved 
August 3, 1892, etc., which was read. 

Mr. QUAY. Nearly every Senator has received communica- 
tions from different Christian denominations in the United 
States relatin;^- to the closing of the World's Fair on Sunday. 
The response of the Secretary of the Treasury to the resolution 
of the Senate it seems to me ought to be sutticient to satisfy those 
who are interested in the question. I think in this instance the 
Senate had better depart from its usual rule and print the reply 
of the Secretary of the Treasury in the Record. 

The communication was ordered to lie on the table, and V) )k) 
printed in the Record, as follows: 

Treasuhy Depabtmest, Washinglon, D. C, February ]j, 1S»3. 

Sir: I have the honor to ackuowledRe the receipt of a resolution of the 
Senate of the Unitea States, dated February 14. \tf.>3. as follows: 

Jlfsolecil, Tuat the Secretary of the Treasury shall be ami hereby l.s directed 
forthwith to inform the Senate whether the appropriat ions, or anv part 
thereof, made to the Worlds Columbian Exposition by Ihe act making ap- 
propriations for sundry civil expenses of the Government for the liscal year 
ending- June 30, IS93, and for other purposes, approved August 5, ISsi'.', have 
be^n paid to the World'sColumbiau Commission: and if so what rules and 
moiiiiications of the rules of said Commission have been made to elTect Ihe 
ciosins of the Exi>ositiou on the first day of the week, commonly called Sun- 
day. 

In reply I have the honor to state that payments have beou made to otll- 
eers, employes, and members of the Commission, and others, from the appro- 
priation above referred to, for salaries, traveling expenses and subsistence, 
rent, lights, furnitm-e, and contiu'jcent expenses, upon Itemized vouchers, 
when properly certified and transmit u-d lo this Department for payment. 

The World's Columbian E.xjiosltion, by resolution of its board of directors, 
on August 19, 1892, formally accepted the appropriation made by the act of 
Congress, approved August ,5, IHSti', on the conditions therein named, and on 
October 24, 1H92. the World's Columbian Exposition (Association) adoiitetl 
and transmitted to the World's Columbian Commission a copy of its ru'cs 
governing rates of entrance and admission fees, etc., of which the foUowinj:?, 
relative to the closing of tlte Exposition on the lirst day of the week, com- 
monly called Suuday, formed a part, viz: 

'■ The gates shall be opened, sutyect to limitations hereinafter provided for, 
each day of the week (except the lli-st day thereof, commonly called Simday), 
from the 1st day of May to and including the 3Uth day of October, 1893, unless 
otherwise authorized and provided by competent authority," 

In ptu'suance of the directions contained in the act of Cougi-ess approvml 
Augtist 5, 1892, in aid of the World's Columbian ExiKjsition, aiul In the act 
making appropriations for the sundry cirtl expen.ses of the Govermuent for 
the liscal year ending Jime 30, 1893, and for other ptu'poses, approved August 
5, 189'2, the World's Colimibian Conmiissiou, tm the 25th d;iy of October, 1832, 
amended the rules of the World's Columbian Exposition (Associalioni rela- 
tive to tiie closing of the Exposition on Sunday, as appears from a copy of 
the ofllcial minutes of the seventh session oC the World's Columbian Commis- 
sion, on tile iu t'uis otilce. as follows: ■ 

"The Exposition shall bo open for the admission of visitors during the six 
montlis commencing on the 1st day of May and ending with the 3Uth da.v of 
October, 1893, on each day of the week, subject lo the llmilatious hereinafter 
provided for, except the first day thereof, commonly called Suuday, and on 
said last-mentioned day the said Exposition and the gates thereof shall be 
closed.' 

Respectfully yours, 

CHARLES FOSTER. Secretanj. 

To the President United States Senate. 

SAFETY OF BUSCH BUILDING. 

The VICE-PRESIDENT laid before the Senate a communica- 
tion from the Postmaster-Goncral transmitting, in response to a 
resolution of the 13th instant, correspoudence relative to the al- 
leged unsafe condition of the Busch l)uilding, occu])ied by the 
money order branch of the Si.xth Auditor's office, etc., which, 
with the accompanying papers, was referred to the Committee 
on AxjpropriationSj'and ordered to be printed. 
PETITIONS AND MEMOiUALS. 

Mr. HAWLEY presented a petition of tlio Board of Trade and 
60 leadiug eiti'/.ons of Hartford, Conn., praying for tho' repeal of 
the so-called Geary Chinese-exclusion law; which was referred 
to tlie Committee on Foreign Relations. 

Mr. PEFFER. I present the memorial of W. H. Ketler, and 
a large number of other citizens of New York and New .lersey, 
in relation to transportation. It is very brief, and it is of suffi- 
cient importance, in my judgment, to justify mo in reading it. 
The memorial is very brief: 

Whereas the trunk-line railroads are, through their oMcials, urging upon 
Congress the repeal of tho clause In the Interstate-commerce law which for- 
bids" railway poids: and 

Whereas the ileplorable consequences, lo the people, of the recent "coal 
combine " or railway pool, as well as of previous pools of a similar sort, de- 
signed to end ;iH competition and to advance rates of transportation arbi- 
trarily, justify us in apprehending similar results on a more extensive scale 
If the antipooling clause is repealed; and 



Whereaa the approach of the World's t'alr, with tho la; 
He incidental thereto, «111 render such repeal at ihU time , 
to the people, as Indicated by the reported aKruement :. 
trunk lines against any material reduction or rates dun: 
fore 

/.'■ 
5 o; 
!)€..: 

I move thai lUo memorial ba referred lo tho Commilteo ou In- 
terstate Commorco. 
Tho motion 
Mr. PRYi; memorial of Mrs. P. M. ChandUr luul 

49 other par. 1,1 - , •' *' ■ - ^ 

the passage of le^ 

or importation o „ ,.^ ; ,.,,,! 

mitleo on Finance. 

Mr. HOAR presented a petition of the Sin^l'-Tax CVih. uf 
Worcester, Mass., praying for t 

uent Census Bureau; which wu- ,, 

the Census. 

Mr. VOORHEE3. I present a memorial romouiiti'utint;a<;aiiuit 

what is called tho 1-mil" limii -.;. .Mi.-i - .' ii i.iii f. „^. 

rial is signed, I am told 

repi'esenting about $'J. i 

by 204 ininatcs of tho Soluieis' Home. 1 . 

may be referred to the Committee on tho I ' 

Mr. HARRIS. The memorial should lie upon lli'.' tabic, o.'^ tli', 
bill upon tho subject has buen rei>orted. 

Mr. VOORHICKS. Vei-y well. 

The VICE-PRESIDENT. Tho memorial will lie on the Ublc. 

Mr. SQUIRIO presented a petition of Colmnblu Couieii. No. i. 
United American Meclianies, of Vancouver, Wash.. r 

the pa-ssago of legislation restrii'tiiiL' immigration: .i-i 

referred to tho Committee on Im 

Ho also prcsentod a petition " iber of Comnicroe of 

Seattle, Wash., praying that libciai u i.inpriatiouH bo mado for 
the coast defenses of thf country; wliidi was referred to lh« 
Committee on Coast Dcfen.ses. 

REPORTS OF ajMMITTEES. 

Mr. DAVIS, from the Commii' ■■ ' 

referred tho followinef bill.s. rci ,i 

amendment, and submitted i-epo; ; > 

A bill (H. R. 0212) granting an int r 
Pliipp.s, late lieutenant in Company A 
unteer Infantry, invalid ccrtilieate No. 3.'.,0U'; uuii 

xV bill (H. R. 730G) lo pension Maud Case, of DoUifo County, 
Minnesota. 

Mr. QUAY. I ask tho unanimous consent of tho Souato for 
the consideration of Senate bill 3S')7. 

Mr. MANDERSON. I hope tho raiitine morning bubinet<s will 
be completed, and then I shall certainly make no objection. 

Mr. QUAY. It is not an objectionable bill. 

Mr. MANDERSON. I have no objection to tho bill. I simply 
wish to submit a report from the Committee on Military AfTalrs. 

Mr. QUAY. Very well. 

Mr. MANDERSON, from tho Comin--- ■ "' ' • > •■' v.. 

to whom was referred the bill (H. U. 

of desertion against (.'liarle.s H. Be;.. . ,_.: j'. 

amendment, and submitted a report thereon. 

Mr. PETTIGREW, from tho Committee on the n,iadm.r<»n- 
tennial (Select), reported an amendment intend. I 

to the sundry civil appropriation bill; whicli w. 
Committee on A])propriations. and o; " ' ■ 

He also, from the ("ominittee ou li :n wu 



referred an amendment submitt ■'! '■ 
tended to be proposed to tho IncT 
it favorably, and moved that it 1. 
Appropriations and be printed; which w;i 
Mr. PERKINS. I am instrm-tel hy f) 



] 



t«>o on tho 



'bill may take tho plac<' 
.amo 8tibjo<*t, and 

i.s in tho chair). It 



District of Columbia, to whom 
to create a board of charities, an 
lumbia, to report it without aiin ......... 

thereon. 

I ask unanimous consent that this Hon 
of the Senate bill on the Calendar ' 
that the Senate bill bo indetinitelv i. 

Tho PRE.SIDfNG OFFICER 
will be so ordered, if there be ii 

Mr. HANSBROUGH. I am 
the District of Columbia, t'l wh 

102ti«) regulating the sale of iuti.: 

of Columbia, to report it without omendmont, and Bubmit 
port thereon. 

I ask that the bill tako tho place on the < ■ ' 

Business 711, Senate bill 2-<l.'>. which I s" 
postponed. 

Tlie PRESIDING OFFICER. If there be no objocUou, the 



1660 



CONGRESSIONAL RECORD— SENATE. 



February 1G, 



bill just reported will take the place of the Senate bill on the 
same, subject upon the ("alendar, and the Senate bill wiil be in- 
definitely Dostponed. 

JOHN M. GOODHUE. 

Mr. DAVIS. I am directed by the Committee on Military 
Affairs, to whom was referred the bill (S. 290.5) for the relief of 
John M. Goodhue, to report it favorably with an amendment, 
and I aslc for its present consideration. 

After reading, the Senate, by unanimous consent, proceeded 
to consider the bill as in Committee of the Whole. It authorizes 
the President of the United States to nominate and, by and with 
tlie advice and consent of the Senate, to appoint John M. Good- 
hue, late major of the Twenty-third and Eleventh Regiments of 
the United States Infantry, a major of infantry in tiie Army; and 
when ."^o appointed he shall be placed upon the list of retired offi- 
cers of the Army, unlimited, with ranli and pay from the date of 
his ap])ointment and retirement under the provisions of the bill. 

The amendment of the Committee on Military Affairs was to 
add: 

The retired list being thereby iri'n'eased in number to that extent; and all 
laws and parts of law3 in conflict herewith are suspended lor this purpose 
only. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was oi-dered to be engrossed for a third reading, road 
the third time, and passed. 

AIDS TO NAVIGATION. 

Mr. DOLPH. Yesterday the hill to provide for certain light- 
houses and other aids to navigation became a law. I now submit 
an amendment intended to be proposed to the sundry civil ap- 
propriation bill, making aijpropriation for those works. As the 
time is short I will ask that the amendment be referred to the 
Committee on Appropriations, but suggest that the clerks retain 
it on the table. Should the consideration of the sundry civil ap- 
propriation bill be not concluded during the afternoon, so that it 
will go over until to-morrow, I shall ask later to have the amend- 
ment printed, so that we may have it to-morrow morning. I will 
state to the committee that inasmuch as we can not discriminate 
about these works I hope the committee will allow the amend- 
ment to be adopted without question, and then consider in the 
conference whether any of the item? should be rejected or whether 
appropriations should bo made for all of them. Some of them 
are of vital importance. 

Mr. CULLOM. Do3S the Senator report the amendment from 
the Committee on Commercs? 

Mr. DOLPH. I report it by direction of the Committee on 
Commerce, and I ask that it be referred to the Committee on 
Appropriations, but I suggest to the clerks to keep it on the 
table this afternoon. If we do not conclude the consideration 
of the sundry civil appropriation bill this afternoon I shall ask 
to have it printed later in tho day, so that it may be in print to- 
morrow morning. If we finish the appropriation bill to-day I 
shall submit it without printing, on the report of the committ ^e. 

Mr. CULLOM. The Chairman of the Committee on Appro- 
priations is not present, but I have no doubt the arrangement 
will be satisfactory, allowing the amendment to come up like 
otlier outside amendments for consideration. 

The VICE-PRESIDKNT. The amendment will lie on the 
table for the present. 

BILLS INTRODUCED. 

Mr. PEFPER introduced a bill (S. 3872) to provide for the sale 
of the surplus lands belonging tocertain tribes of Indians within 
tho limits of the Quapaw Agency in the Indian Territory, and 
for other purposes; which was read twice by its title, and re- 
ferred to the Committee on Indian Affairs. 

Mr. COCKRELL introduced a bill (S. 3873) to authorize the 
Kansas City, Pittsburg and Gulf Railroad Company fo construct 
and opoi'atc a railroad, telegraph, and telephone line tlirough 
the Indian Territory, and for other purposes; which was r^ad 
twice by its title, and referred to the Committee on Indian Af- 
fairs. 

Mr. CALL introduced a bill (S. 3874) for the relief of Mary A. 
McLeran, and for the issue of a land warrant for 500 acres of 
land; which was read twice by its title, and referred to the Com- 
mittee on Public Lands. 

Mr. HUNTON. I introduce a joint resolution, and asitmerely 
calls for a report from the Commissioner of Internal Revenue, I 
ask for its present consideration. 

The joint resolution (.S. R. 154) instructing tho Commissioner 
of Internal Revenue to reopen and ro Jxamine the claim of the 
Continental Fire Insurance Company and others and certify the 
amount of taxes erroneously paid by said corporations, if any, was 
read the first time by its title and the second time at length, as 
follows: 

Resol-oed by the Striate and Uouxe of Mepresentatices oj the United States oj 
America, in Congress assembled. That the Comraissiouer of Internal Reven\ie 



be, and he Is hereby directed to reopon and I'eexamlue the claims of I he Con- 
tinental Fire Insurance Company, the Maryland ]''ire Insurance Uumpany, 
the Eagle Fire Insurance Company, tho City Fire Insurance Company, 
the Commercial Mutual Insurance Company, the Western National iia.nk, 
the Merchants' National Bank, the Chesapeake Bank, and the Eastern Rail- 
road Company, and certify the amount of taxes erroneously paid by said 
corporations, if any, to Congress. 

The VICE-PRESIDENT, The Senator from Virginia asks 
for the present consideration of the joint resolution. 

Mr. MORRILL. I think it ought to be referred to the Com- 
mittee on Finance before it is adopted. 1 make that motion. 

The VICE-PRESIDENT. The Senator from Vermont moves 
that tho joint resolution be referred to tho Committee on Finance. 

The motion was agreed to. 

Mr. HILL (by request) introduced a joint resolution (S. R. 155) 
authorizing and directing the Secretary of the Interior to pur- 
chase Report on Mineral Industry, etc., covering mineral statis- 
tics for 1892, etc.; whicli was read twice by its title, and, with tho 
accompanying papers, referi-ed to the Committee on Printing. 

AMENDMENTS TO APPROPRIATION BILLS. 

Mr. DAVIS submitted an amendment intended to be proposed 
by him to the Indian Appropriation bill; which was referred to 
the Committee on Appropriations, and ordered to be printed. 

Mr. COKE submitted an amendment intended to be proposed 
by him to the deficiency appropriation bill; which was referred 
to tho Committee on Appi-opriations, and ordered to be printed. 

Mr. SQUIRE submitted an amendment intended to be pro- 
posed by him to the Indian apjiropriation bill; which was referred 
to tho Committe; on Indian Affairs, and ordered to be pi'inted. 

WITHDRAWAL OF PAPERS. 

On motion of Mi-. PUGH, it was 

Ordered, That Patrick Doran have leave to withdraw his papers from the 
filos of the Senate, there being no adverse report. 

PERSONNEL OF THE NAVY. 
Mr. HALE submitted the following resolution; which was re- 
ferred to the Committee on Naval Affairs: 

Whereas there are constantly before Congress numerous bills dealing 
with the question of rank and pay in the Navy, and other matters concern- 
lug the personnel of the same: and 

Whereas the jn-esent laws relating to this subject are In many instances 
inci.nsistent, unjust, and the result of piecemeal legislation: Now, there- 
fore. 

Be it resolved. That a siiecial joint committee, consisting of throe mem- 
bers of the House who have been elected to the rifty-third Congress and 
three members of the Senate who will continue Senators during such Con- 
gress, be appointed respectively by the Speaker of the House of Representa- 
tives aud the President of the Senate, whose duty it shall be to fully investi- 
gate and consider the entire subject of the rank, pay, and all other matters 
relatmg to the personnel of the Navy; to have power to send for persons and 
papers, sit durin;; the recess of both Houses, and to report to the next Con- 
gre.ss, as soon after it conveues as may be convenient, what lei;islatton, if 
an v, is necessary in the premises; any bill so reported by them shall sim- 
lilify, codify, and revise existing laws relating to the personnel ot the Navy, 
so tar as may be found possible. And said commission is hereby aiuhorized 
to emx>loy a clerk atSGper da.v aud a me.ssenger at JsJ per day while emi)loyed, 
aud any expenses incuiTed "by said commission 1 1 performing the duties 
herein required shall be defrayed equally from the contingent funds of the 
two Houses. 

MARITIME CANAL COMPANY OF NICARAGUA. 

Mr. STEWART. I desire to offer a substitute for the Mari- 
tinieCanal bill. It is short, and I ask thatit be I'ead and printed, 
and lie on the table. Then it will be understood when the bill 
comes up. 

Tho VICE-PRESIDENT. Tho proposed amendment will be 
read, if there be no objection. 

The amendment was read and ordered to lie on the table and 
be printed, as follows: 

strike out all after the enacting clause and insert: 

"That the President ot the United States be, and ho is hereby, authorized 
and empowered to contract with the Governments of Nicaragua aud Costa 
Rica for a right of way for an Interoceanic ship-canal between the Atlantic 
and the Paciiic Oceans on the route proposed by the Maritime Canal Com- 
pany ot Nicaragua, and tor a port at each end of the canal on the Atlantic 
and the P.aciflc Oceans, together with all necessary privileges to enable tha 
United States to operate and protect said canal and the approaches 
thereto, granting to the United States such jurisdiction and power ,as may 
be nsce-ssary and proper to make aud enforce all laws, rules, and regulations 
rctatiutJ to said canal and approaches thereto which may be necessary or 
proper lor that purpose; and he may agree on behalf of the United States 
that said canal shall b? constructed, equipped, aud intt in operation within 
ten ye.ars after the passage of this act. 

■■SEC. 2. That the President of the United Stales Is further authorized and 
empowered to negotiate with the Maritime Canal Company ot Nicaragua for 
the purchaseof all its property rights ot every description, real, personal, and 
mixed, including franchises and concessions connected with or relating to 
the proposed Nicaragu.a Canal and the approaches thereto. 

■' SEi:. 3. That to enable the President of the United States to carry out the 
provisions of this act the Secret.ary ot the Treasury is authorized to issue not 
exesodlngSlOO.OOO.O.iOof bonds payable by the United States after thirty years 
and of the description authorized by the act of July 11, ISrO, entitled 'An act to 
authorize the refunding of t'ae national debt; ' and subject to all the terms, 
conditions, qualities, privileges, and exemptions provided by said act, but the 
rats of interest shall not exceed 3 per cent; and tho Secretary of the Treas- 
ury Is authorized and directed to sell at not less than par a sufflcient amount 
ot said bonds to pay said Governments of Nicaragua and Costa Rica lor the 
rights, property, and privileges which may be secured imder the provisions 
of this act, and'to pay to tho Maritime Canal Company of Nicaragua for the 
rights and property to be purchased under this act not exceeding the sum of 
$8,000,000. But no money shall be p.aid to either the Government of Nicaragua 
or Costa Rica, or the Maritime Canal Company of Nicaragua, until the .\tlor- 



1893. 



CONGRESSIONAL RECORD— SENATE. 



wm 



Mr. ALLISON. No, Mr. President, I beg pardon of tho Sen- 
ator: I did not mean to be so understood. 

Mr. VEST. It is not pleasant to take issue with the Senator 
as to an}' statement he made, but as I have just read the Con- 
gressional Record I am certain that I do not misquote his 
.lang-uag-e, whatever may have been his meaning. Tho Senator 
yesterday, as he will find by looking at the Record, distinctly 
stated that the condition of the public Treasury was such at this 
time that extraordinary appropriation.? beyond tho revenues of 
the Government should not be made. It would have been better 
for the public interests if the Senator from Iowa, a distinjruished 
leader, financially, of the Republican party, had como to that 
conclusion some time ago. 

It is true that the Treasui'y of the United States to-day is al- 
most bankrupt, and if the affairs of a private corporation or an 
individual were in the same condition application would be im- 
mediately made by the creditors for a receiver. 

Instead of any reasonable and judicious remedy being applied 
to the present condition of affairs, what is the spectacle now pre- 
sented to tho countryV Tho Secretary of the Treasury is found 
in Wall street begging like an Italian mendicant for gold from 
the banks in order to sustain tho public credit; and it is openly 
avowed by distinguished statesmen, who are making history and 
reputation for the future, that their object is to tide over tho 
next two weeks, so as to leave the present disg-racoful condition 
of fiuancial affairs upon the incoming Administration of Air. 
Cleveland. 

Whatever may have been Mr. Cleveland's course as an admin- 
istrative officer or a political leader, he left tho Treasury of this 
couatry with $100,000,000 in round numbers as a net surplus, and 
our Republican friends, in order to make an argument for the 
enormous taxation imposed by the McKinley tariff act^ proceeded 
recklessly to throw away the surplus in all sorts of extravagant 
and. in my judgment, in many instances, unconstitutional ap- 
propriations. 

^Vhy is it that the Senator from Iowa never thought of get- 
ting rid of the bounty paid upon ^ugar? Why is it that tho Ho- 
publican party have availed themselves of the peculiar condition 
of Southern Senators and members of the House of Representa- 
tives upon the pension question, and the timidity of Northern 
Democratic Senators and Representatives upon the samo ques- 
tion to put upon the countrj' the most enormous pension obliga- 
tion known to all civilization? 

Mr. President, the Senator from Maine [Mr. Prye], another 
leader of the Republican I'arty, yesterday claimed, and justly, 
the credit of having invented tlie continuing system of appro- 
priations for rivers and harbors. My friend from Maine was too 
modest by half; he ought to have claimed, as he is justly entitled 
to it, the credit of having also invented the continuing system 
of bounties, which places upon the people of the United States 
annually some eight or nine million dollars to pay a bounty to 
the sugai' producers of the United States, whether it be of boet 
sugar or cane sugar or the enormous maple-sugar product of 
New England. 

Why, sir. the venerable Senator from Vermont [Mr. Morrill], 
who gave his name to the war larifi' of 1862, when called away 
from the Senate by sickness during our debate upon the McKin- 
ley bill, left peremptory instructions that if tho maple-sugar 
bounty should be taken out of the bill ho wanted to be paired 
against it. The other Senator from Vermont, his then colleague, 
openly avowed his opposition to the tarili act unless this bounty 
upon maple sugar in Vermont and tho hills of New Hampshire 
should be retained. 

I am informed that there is a historic maple-sugar tree in Ver- 
mont located upon the dividing line between two Vermont farms, 
and that each recurring spring the owners of those two planta- 
tions, as they would be called in the South, are engaged in ex- 
tracting the continual appropriation coming out of the tax money 
of the people upon opposite sides of this tree, and not one drop 
of maple water is lost, because it I'epresents so much of the tax 
money of the people of the United States. 

In addition to this, Mr. President, the other day the Senate 
was harangued by the distinguished Senator from New Hamp- 
shire [Mr. Chandler] upon the great evils to be apprehended 
by permitting steerage passengers to como into this country 
from Europe, and he seriously proposed legislation prohibiting 
that immigration to this country forthe jjeriod of twelvemonths 
for two reasons — first, because these immigrants were of such a 
character as to threaten the moral and ))olitical autonomy of this 
Government, and in the second place, becauso they endangered 
the health of the coimtry by bringing with them the germs of 
Asiatic cholera. 

Scarcely had the sanitary eloquence of the distinguished Sena- 
tor ceased to reverberate in thisChamber.whendispatchescame 
from San Francisco that the emissaries of the revolutionary 
government in Hawaii were on their way here for the purpose of 
securing annexation to the United States; it was also made known 



to the American ixjople that this i-evolutioa bail b •">! .>.••. ...i- 

plishod peaceably by a town meeting. V\x>n thi.s ii 

meager as it was, when these commiasiouors had not r 

enough to receive more than one )>otition from j 

of tho Islands u|>on this great question— tiu- it :>, 

stated that a petition eonta' 

thrown upon the deck of tli' 

the harbor — upon this info. . 

shire rushed frantically ini.' .• 

the conclusion of tho mon; 

the unconditional anu'^xatiou of ihu 1 1 

OOO iuliabitanUs, but 4,0: nj of whma ; 

Chinese, .la])anesc. I'olyne.-':. 

nibals, and, more than all. 

established in the midst of i 

Now wo are told l)y the niornii lero is U> bo an- 

other continuing approi)riation ',11 .if tllO Ilu».ltillll 

Islands of *20,0(J0 a year. 

Mr. .MILLS. And a bounty for their sugar too. 

Mr. V E.ST. And a bounty for their sugar, wl 
morning dispatches the autocrat of Hawaii, }.: 
says ought to bo reduced to 91- a ton. It ! I 

this furore of jingoism, wo liear uutliing • 

mercial, as it is called, an immcns,- corjuii : , . yt 

whose assets consist of tho sugar planlatiuna of tho iiawuiiiin 
Islands, and whose stock is owned almost entirely by Claus 
Spreckles. That stock to-day is, as I am infon ig at a 

nominal value; but if annexation takes place, ni m mil- 

lions of dollars will bo paid into the pockets of tiic imii » lio own 
that stock. 

The Senator from New Hampshire now is willing '" -"li.i !!,.q 
the leprosy, although he shudders with affright at ■ jf 

Asiatic cholera. Why, sir. I can imagine lliu' '1. I 

statesman, if annexation is uca)mj}U,as tho Froi: 
upon the pebbly beach at Honolulu with his b i 

upon the hoavuig billows of the dark I'acilic, lu . u 

tho cloud of immensity to that glorious land wh(>r<' -. 

of the ancients located the Islands i>f the Ulos-sed. ii 

glides through the surf tho form of some nude Kan;. i. 

whilst the roar of the breakers reminds him of the ;., _ of 

his countrymen. Looking across this immL-nse aroaof watur bo 
could well exclaim: 

No peut-up UUca contracts oiur powers, 
Uut tlio whole uubounded universe Is ours— 

Kanaka, cholera, lepro.-;y, and all. [Laughter.] 

Mr. President, we are to obtain by this continuing appropria- 
tion in Hawaii, upon tho system invented by the Senator from 
Maine, a volcano known as Maima Loa, the eruption of which 
will be nothing to tho volcanic eloquence wo shall hear from the 
jingo statesmen for tho next ten days in this Chamber ami 
throughout the country. It is greatly to bo hoped thnt thi>tcon- 
tinuing appropriation system will not bo eliin ' "■ 

motion of the chairman of the Committee on 
JjCt the tax money of tho people gush forth in ...in.iini.-iir, »iid 
lavish streams, no matter if the Treasury of the United Slates 
be depleted and bankrupt. 

The Democratic party must dispose of tho legacy loft to tbcm 
by the statesmen of the Republican organization: and if ih"ro 
should not be one dollar left after tho scheme of ann d 

kindred schemes which will come thereafter are in: 
ence, there is one consolation to the emin.!' ' ' ■• 

other side of the Chamber, that anything.. ■ '■< 

of this country to relieve the present con... . :h 

their harsh antagonism and delib<,>rato criticism. 

Mr. President, I do not proi)ose to controvert a sinTl" argu- 
ment made by the Senator from Maine in regard to t ! ' y 
of applying the system of continuing appr.'priatinns i -i 
and harbors of the coimtry: but I rose to ' ■' 
astonishment that the economic spirit \ t 
ebullition upon this floor yesterday rl'- ■ 
distinsruished chairman of the Comm 

i\Ir. BUTLER. May I inquire wha i- 

in"? 

The VICE-PRESIDENT. The pending amendment will bo 

stated. . , .... 

Tho Secretary. On page 81, line 14, before tho word hun- 
dred," the Committee on Appropriations report, to strike out 
" five" and insert " three;'' so as to read: 

For roniUiuing iiuprav.-mein of harbor at I'l.!-. i.- .. .ii I'l- Contlnulas 
Improvement, removal ..t .Smiths Isl;in.t iii ;. PeniM)rirm- 

nla, and I'ettys Isliuut. Mew Jersey, and adj.. ■ ". 

The VICE-PRF.SinKNT. The Senator from I' ' '» 

has called for the yeas and nays < n the adoption of 

Mr! 15UTLER, What is tho proposilioiuof the Senator from 
Pennsvlvania? . .. , i 

Mr. CULLOM. To put the amotmt of the appropriation bacK 



1664 



CONGRESSIONAL RECORD— SENATE. 



EEBEUAliY 16, 



to $500,0011, as it was in tlio bill as it came from the House of Rep- 
resentatives. 

Mr. QUAY. My proposition is to voto down the amendment 
of the committee. 

Mr. FELTON. I apijrehend that a voto "nay'' restores the 
clause as it came from the House of Representatives. 

The VICE-PRESIDENT. It does. 

Mr. ALLISON. In order to restore the amount as it came 
from the other House the Senator will have to vote '' nay." 

Mr. BUTLER. .\s I understand the situation, it is this: Those 
Senators who favor the amendment of the committee will vote 
" yea;" those who do not concur in the amendment of the com- 
mittee will voto " nay," the effect of a negative vote being to re- 
store the bill to tlie form in which it came from the House of 
Representatives. Tliat I understand to be the situation. 

The VICE-PRESIDENT. That is the situation. 

Mr. QUAY. Those who vote '-yea" will vote to reduce the 
appropriation for the Philadelphia Harbor from $500,000 to $;iOO,- 
000; those who vote " nay " will vote to retain tlie provision as it 
came from the other House; and that is what the Senators from 
Pennsylvania and New Jersey desire .shall be done. 

The Secretary proceeded to call the roll. 

Mr. BUTLER (when his name was called). I have a general 
pair with the Senator from Pennsylvania [Mr. Cameron]; butl 
am informed by his colleague [Mr. Quay] that he would vote 
"nay " on this question, and I therefore vote " nay." 

Mr. QUAY. I desire to say for my colleague that he is nec- 
essarily absent on account of sicknsss. If present he would 
vote "nay." 

Mr. CULLOM (when his name was called). I am paired with 
the Senator from Delaware [Mr. Gray]. Not knowing how he 
would voto it present I withhold my vote. 

Mr. FAULKNER (when his name was called). I am paired 
with the Senator from Rhode Island [Mr. Aldrich]. If his col- 
league knows how he would votj, then I may be able to vote on 
this question; otherwise I shall withh ild my vote. 

Mr. GORDON. I have a general pair with the Senator from 
Wyoming [Mr. Warren]. If any Senator can vouch as to which 
way he would vote, I shall then be ablet,) decide whether to vote 
or not; otherwise I withhold my vote for the present, 

Mr. MILLS (when his name was called). I am paired with 
the Senator from New Hampshire [Mr. GallingerJ. 

The roll call was concluded. 

Mr. MCPHERSON. I am paired with the Senator from Del- 
aware [Mr. HiGCaNs]. I do do not know how he would vote on 
this question, and therefore withhold my vote. 

Mr. TELLER. My colleague [Mr. Woloott] is detained from 
the Senate by sickness. 

Mr. QUAY. I desii'e to say to the Senator from New Jersey 
that while I am not absolutely informed as to the opinion of the 
Senator from Delaware upon this question, I have no more doubt 
than if I had a-surances fiom him to that effect, that he would 
vote " nay " upon the pending proposition, on accountof his loca- 
tion and his e jual interest with that of the Senator from New 
Jersey and myself in this appropriation. 

Mr.' Mcpherson, n assu-anee can be given as to how the 
Senator from Delaware would voto, I will decide whether or not 
to vote. 

Mr. QUAY. I think the Senator from Delaware would vote in 
the negative if ho were here, but I am not authorized to say so. 

Mr. Mcpherson, if the senator is not authorized to say 
so, I shall have to withhold my vote. 

Mr. PLATT. I am paired with the Senator from Virginia 
[Mr..HuNTONl, and withhold my vote. 

Mr. WHITE (after having voted in the affirmative). I see the 
Senator from Montana [Mr. Power] is not in his seat. I have a 
pair wiih him, and therefore withdraw my vote. 

Mr. BATE. I have ageneral pair with the Senator from Wash- 
ington [Mr. Allen], t am unable to ascertain how he stands on 
this question, and I can not find his colleague in the Chamber. 
I therefore shall witlihold my vote. 

Mr. STOCKBRIDGE. I am paired with the Senator from 
Maryland [Mr. Gibson], and therefore withhold my vote. 

Mr. GORDON. I announce the pair of my colleague [Mr. Col- 
quitt] with the Senator from Iowa [Mr. Wilson |. 

The result was announced — yeas 21, nays 26, as follows: 



Palmer, 


Pugh, 


Turple, 


Washburn. 


PelTer, 


yuay, 


Vance, 




Pettlgrew, 


Shoup, 


Vest, 
NOT VOTING-^0. 




Aldrleh, 


Dixon, 


Huuton, 


Hansom, 


Allen, 


Dulrois, 


Irby, 


Sanders, 


liate. 


Faulkner, 


Jones, Nev. 


Squire, 


Camden, 


Galllnger. 


Kyle, 


Stanford. 


Cameron, 


George, 


McPhersou, 


Stockbridge, 


Carey, 


Gibson, 


Mills, 


Walthall, 


Casey, 


Gordon, 


Pasco, 


Warren, 


Colquitt, 


Gray, 


I'erkins, 


White, 


Cullom, 


HlKRins. 


Piatt, 


Wilson, 


Daniel, 


Fill, 


Power, 


Wolcott, 







YEAS— 21. 






Allison, 

Berry, 

Blackburn, 

Call, 

Cockrell, 

Dawes, 


Frye, 

Gorman, 

Hale, 

Harris, 

Hawley, 

.Tones, Ark. 




McMillan 

Morrill, 

Proctor, 

Sawyer, 

Sherman 

Stewart. 




Teller, 
Vilas, 
Voorhees. 






NAYS-26. 






Bloflgelt, 
Brice, 
Butler, 
Catfery, 


Chandler, 
Coke, 

F(flSifijbje 


ct s 


Feltou, 
Han.sbrpugh, 


Mauderson 
Mitchell. 
Morgan, 
Paddock, 



So the amendment was rejected. 

The VICE-PRESIDENT. The uo;vt amcnament of the Com- 
mittee on Appropriations will be stated. 

The next amendment of the Committee on Appropriations 
was, on page'Sl, line 19, to reduce the appropriation forcontinu- 
ing improvement of Hay Lake Channel, St. Marys River. Mich., 
from $.300,000 to $225,000. 

Mr. WASHBURN. Mr. President, if it were not for the pro- 
viso at the end of these ajipropriations I should not object to the 
adoption of the pending amendment. While all the approjjria- 
tions provided for in this bill are made in accordance with the 
existing law they should be made, aa I think, on the estimates 
submitted by the proper officers of the Government, yet in some 
cases where information has been received subsequently to the 
time of the estimate there should be reductions. That is nota- 
bly the case, as was so well stated by the cliairman of the Com- 
mittee on Commerce yesterday, so far as the appropriations con- 
nected with the great Sault St, Marie Canal or the St. Marys 
River are concerned. 

Gen. Poe, who has charge of that district, appeared before our 
committee and in a very honest, truthful, candid way stated that 
the e appropriations could be reduced to a certain extent. I 
sho lid be very willing that the amendment proposed by the 
Committee on Appi-opriations should be agreed to wei'e it not 
for the provision which will prevent the use of the money neces- 
sary to carry on this work as rapidly as it can be used, and I 
think no Senator on this floor would claim for a moment that 
this work should not be carried on as fast a< it is physically pos- 
sible to do so. 

Take the appropriation on the next imge of the bill, for con- 
tinuing the improvement of the St. Marys River at the Falls, 
Michigan. The original estimate was $2,000,000, but the state- 
ment of Gen. Poe was that it could he properly reduced to $1,230,- 
000, but the amendment proposed by the committee permitting 
only 75 per cent to be used in the fiscal year, would reduce the 
amount available to $922,000. which will not be sufficient, in my 
judgment, to allow the work to go forward as rapidly as it should. 
Unless there can be an understanding that the amsndmi.mt to 
which I refer in the last portion of the bill is to be voted down I 
can not for one agree that the reduction shall ba made as pro- 
posed by the amendment reported by the Coiumittee on Appro- 
priations. 

Mr. DOLPH. The Senator from Minnesota will allow me to 
suggest that my recollection is that the amount appropriated 
here is to complete this work. If that be so. it ought not to be 
continued over until next year. If the provision reducing the 
amount to be expended which stands at the top of page S4 is to 
be retained in the bill, there should be no reduction for the im- 
provement of Hay Lake Channel, because we want to sec. ire the 
completion of that work. That ought to be excepted at f ast. 

Mr. WASHBURN. I intended to make that statement. I 
unlerstand with the Senator from Oregon that this amount will 
complete the improvement of Hay Lake Channel. 

Mr. ALLISON. If Senators willallowmeamoment, Gen. Poo, 
in his testimony before the Committee on Commerce, told us as 
respects Hay Lake Channel, that the money would not be ex- 
panded until the end of the season, the middle of November, isyi, 
and the provision in the bill respecting this expenditure is in 
exact accord with the statement of Gen. Poe to the committee. 

Mr. WASHBURN. I do not think that was the statement be- 
fore the Committee on Commerce. 

^Ir. ALLISON. I have the statement of Gen. Poe hero. 

Mr. FRYE. Mr. President, the friends of improvcmimts ol 
rivers and harbors can not afford to vote blindly; they can not 
afford to vote against an amendment where the evidence is en- 
tirely in favor of its adoption. If they do, other river and har- 
bor bills are liable to pay the penalty hereafter. 

In this item for Hay Lake Channel, in the item for St. Marys 
River, and in the item for the channel connecting the waters of 
the Great Lakes between Chicago, Duluth, and Buffalo, the ev- 
idence is entirely one way, and that is that there is money 
enough to lasL until November Iti. I say that Senators who favor 
improvements in rivers and harbors must thick twice before 
they vote against an amendment thus sustained. 

If the proposition made by the Senator from Minnesota [Mr. 



1893. 



CONUKEHHIONAL RECORD— SENATE. 



IG65 



Washburn] that the concluding- clause of these appropriations 
is a limitatioia upon the amount which may be expondoil and 
that it ought not to be adopted, commends itself to the friends of 
river and harbor bills, then is our time to refuse to adopt it. 
Let us not vote wrongly in one case, but let us cross that bridge 
when we reach it, and we can vote down the proposition that 
only three-fourths shall be expended if, in our judgment, it 
ought to b: voted down. We can not, however, afford to vote 
down this amendment, in my judgm-.mt. 

Mr. WASHBIJKN. I think the Senator is correct on the as- 
sumption that the amendment at the latter end of the bill shall 
be voted down, but the amendments seem to move around rather 
in connection with each other. With the expectation, however, 
that that amendment will bo voted down I shall make no objec- 
tion to the amendment reported by the Committee on Appro- 
priations. 

Mr. GORMAN. Mr. President, I am very glad to hear the 
statement of the Senator from Maine [Mr. Fkye] upon this par- 
ticular item, because there can not bo any controversy about it; 
but in view of the action of thj Senate a few moments ago in 
voting down the first amendment at the suggestion of the Sena- 
tor from Pennsylvania [Mr. Quay], I think it well for the Sen- 
ate to go back and reflect for a moment as to what this action 
means. 

Like the Senator from Maine, I am heartily in favor of liberal 
appropriations for all the great harbors and rivers of this coun- 
try, and I have never raised my voice against or opposed such 
propositions where it was demonstrated that they were for the 
interest of the general commerce of the country. 

I believe thatthecountry is more indebted to the Senator from 
Maine thantoany otlier man in the United States for his earnest 
and firm support of the pro])osition to complete tlieso great en- 
terprises when they were one • begun, by authoi'izing contracts 
to be made for their completion, tie has not only saved millions 
of dollars to the Treasury of the United States, but by securing 
that legislation he has done more to increase our commerce and 
to give it greater facilities tlian lias been done by any other act 
which has been passed in the last fifty years. 

I have cooperated with him in every movement he has made 
in that direction. I have se?n the r.:^sult of it in the harbor at 
Baltimore, and have watched that result very carefully. The 
work there was completed under a contract; and I am not here 
to-day to raise my voice against the system. On the contrary. I 
appeal to the Senate not to go too far in the way of expending 
money in any one year, because it will break down the system 
which we have inaugurated after years and years of labor. 

Mr. President, there is another matter which confronts us, and 
it is one which will bring the country face to face with a serious 
question in the next Congress. If we go on witli this extrava- 
gance I may bo forced against my will and against the interests of 
the country, as I understand them, to vote against all appropria- 
tions, unless wo levy more taxation upon the people, who will not 
willingly submit to greater taxation. 

It is not a party question; it is not a question which concerns 
especially either side of this Chamber, but, Mr. President, for 
the purposa of increasing the facilitiesot navigation in the rivers 
and improving the harbors of the country, for the purpose of 
creating a navy and constructing guns for O'.ir fortifications we 
have upon the statute book provisions which authorize contracts 
for $S4.oon,00;i. That is the total amount. 

Mr. Mcpherson. Porwhatv 

Mr. GORMAN. For all the items I have mentioned, for the 
Navy, for the manufacture of guns, and for rivers and harbors. 
The Departments began upon the theory that the appropriations 
for the contracts authorized to be made should be expended 
within three years. It was an assumption on the part of the offi- 
cers of the Government, not unwarranted, I think, but at the 
same time to carry out the theory that they had of spending all 
the money within three years leaves the Treasury without money. 
I submit to my friends on this side of the Chamber, who are anx- 
ious about this matter, that within throe months the responsi- 
bility will come upon us, and we can not avoid it. Wo can not 
afford to drive these appi'opriations up when there is no necessity 
for doing so. 

The Committtee on Appropriations had before them a bill, as 
the chairman of the committee stated, the greatest in amount 
which has ever been presented to the Senate of the United States. 
It came here from the other House bearing upon itsface$;!9,425,- 
9.53.15. The Senate committee recommended increa.so3 upon 
items which were absolutely necessaiy, in our judgment, for the 
support of the Government, about $4.(i0ii.ono in round numbers; 
then we cut down the appropriations for rivers and harbors 
about $3,000,000, leaving the increase only about $1100,000 or 
$1,000,000 in round numb.'rs over the bill as it came from the 
other House. If the Senate is to follow the vote which has just 
been had, and on this combination— aud I use that word in noof- 



IV o 

■y 



fensive sense, because it is a mutual inteitst— vote down the rec- 
ommendations of the committee, .then the Souat-" send the bill 
back to the other branch of Cougresscarryingin round numbers 
844,000,000. 

I submit, when the Treasury statement on the let dav of 

Februai-y shows only a balance Hv.iiiuli'.. f ...li,,,,., ., . .".^^^j 

of $2,000,000. wo are not in a ooi. 

penditures. some of wliicli are i 

are patriotic we must meet this ^^m 

from ouibarra.ssment, which may br. ',o 

business interests of this country. I ',o 

know the facts, tliat within a brief o 

must veto to relieve the condition of ...i , ,,. ,,,,^„t 

not burden it with inoreaatd appropriations. We can not utTord 
to disregard the recommendations of the committee who nro 
not hostile to river and harbor improvcmenlji, but whoorc most 
anxious for riv<r and harbor iinjirovomnntH. 

Wlien we tell you that after - ' an 

earnest desire to have tlie im; ; ,a 

earliest possible moment. yii\i i..... . ,. k) 

for this year from these items and yet not im I 

submit ta Senators who have not had the (ii)po! ■ .ill 

sides of the question that they are oasiimiug u i>- 'y 

which no man can measure to-day. We shall not im 

further responsibility of giving the Trea.sury relief b,;..:e the 
adjournmuit on the 4lli day of .March, or, unless all tlic Ilgures 
from the Department are at fault, wo shall liave to meet the re- 
sponsibility of providing for increased revenue to the Treasury 
before July next. That comes home tons intheffpcal revolution 
in tlio management of the Government wlilch will be ofTected. 
1 submit that it is unwise on the part of any man on this hide of 
the Chamljer. no matter what his liK-al inleresta may b,;, to force 
the responsibility of sucii a movement. 

This subject has lx<on tr.ated by the Coniinittoe on .\p[iriiprl- 
atioiis witho\it regard to party lines, and it should iKMrettloU 
here without regard to party lines. We shall have to meet the 
other phase for the relief of the Treasury a little later on, and I 
hope without division as to party. 

Mr. STOCKHUIDGE. Mr. President. I am as much inter- 
ested in the eat-ly completion of the Sault Ste. ,Mario C.iual and 
the Hay Lake Channel as any Senator upon the floor, l>i.t I urn 
perfectly willing to rely upon the opinion of (Jen. I'oo us to the 
amount of money whic^h is necessary. I desire to ask th..> chair- 
man of the Committee on Appropriations whether (Ji-n. I'oo 
contemplated the reduction or withholding of 2") per cent of the 
amount mentioned in the bill when he said the amount carried 
by the bill would be suflicicnt for the coming fiscal year. 

Mr. ALLISON. .\ few moments ago, in response to th<-Senotor 
from Minnesota [Mr. WasiihuRN'). I ^aid that Gen. I'oo dis- 
tinctly stated to the Committee on Commorcj that these appro- 
priations would carry the work to the close of the season of 18!M. 
That was his distinct statement. 

Mr. STOCKBRIDGE. With the withh ilding of 2'. jior c.-nt? 

Mr. ALLISON. Later on in his statement 1 think it may bo 
fairly inferred that he hopes to comjih^te the Hay Lake ('lianncl 
improvement before the middle o( Novi;mber, 1894, and there- 
fore as far as I am personally concerned, if 1 lind that thi.'- money 
is necessary to be expended within the fiscal year, I am willing' 
to make it an exception to tlio proviso which is tlie last I'lauso 
of these items. I am not willing, for one, that the wholesome 
provision at the end of these several items shall be discarded. 

Mr. STOCKBRIDGE. Upon the statement of the chairman 
of the Committee on Appropriations I am in favor of the com- 
mittee's amendTnent, and I shall support it. 

The VICE-1'KESIDEN'T. The question is on agrceinir to tho 
amendment of the committee. 

The amendment was agreed to. 

The VICE-PRUSIDENT. Tho next amendment pas-^ed over 
will be stated. 

Tho Chief Clerk. On page 81, line 22, the Commiiteo on 
Appropriations report to strike out " five" and insert " three " 
before ''hundred;" so as to read: 

For linproviiiB Huilson River, New York: Continuing Improrcmcui, 130.1,. 
000. 

Mr. HISCOCK. Mr. President, I rise to oppose the amend- 
ment of the committee, and I ask the attention of the chairman 
of the Committee on Appropriations ami tho nhnirman nf iho 
Committee on Commerce to what I nm :i' " lo 

assured, and I rely uj^on tho assurance, tb "o 

make such appropriations for rivers and hai ,..-,.- ■<, ;i,- ., ^-. ■.(.'- 
mont thev think are necessary. 

First, I call their attention to tho fact that the toniia.'. Hlii^h 
passes the points between which these improvemen' 
made amounts to eighteen and a half million tons. 1,. d 

to think that it is the largest tonnage upon any riv-. i in tho 
United States. I desire to call their attention to the further fact 



XXIV- 



-105 



1666 



CONGRESSIONAL RECORD— SENATE. 



Eebeuaby 16, 



that tlio value of that tonnage is $500,000,000, which I believe is 
beyond the value ol the tonnage upon any other I'iver. 

For a long period of time both the Legislature of the State of 
Now York and Congress have been endeavoring to provide a 
permanent channel commencing at Troy and extending some 18 
miles below there. The effort is attended with difficulty be- 
cause of the streams that come in and come down from tlie upper 
river, bearing silt, and the freezing of the river, the ice gorges 
that occur there, which have the effect to change the channel 
and create bars. It is absolutely necessary for transportation 
that there should bo about ll! feet of water. That is required 
for the transportation which comes into the river from the Erie 
Canal, which is towed down through by tugs which draw that 
amount of water. 

There has been a great deal of trouble on the upper sestion of 
the Hudson River with its tows of canal boats, and the money 
that has been appropriated year by year has been nearly wasted. 
The General Government has appropriated for this work first 
and last $1,500,000, and it has been nearly all swept away. In 
addition to this, the Stat« of New York has appropriated from 
first to last $1,500,000, and a large proportion of the results have 
been swept away. 

The Committee on Commerce finally put into the river and har- 
bor bill a provision for the completion of this work under contract 
upon estimates that it could be completed for about $2,000,000. 
The very able and elaborate report made by the engineer in 
charge states that to derive the advantage of that money the work 
should be completed within five years. I have his report before 
me. He gives his reasons for the statement. It is expected 
when the work is done that the tiowof water will largely contrib- 
ute to clearing the channel, and it is necessary that the work 
should be done for economical reasons at the rate of about a half 
a million dollars each year. It has been so recommended by him, 
and his recommendations have been approved and indorsed by 
Gen. Casey. 

Tliere is another peculiarity about the work. It is supposed 
that about half of this money will be expended in the removal of 
rock and stone and about half of it in dredging. It is necessary 
that these two branches of work should be carried on simultane- 
ously. The work can not be carried on effectively in any other 
way. 

Contracts have been made, and the contracts as made contem- 
plate the expenditure of money at the rate of about half a mil- 
lion dollars each year. The contractors, relying upon the report 
of the engineer and the terms of the contract, have assembled 
and are assembling their plant with reference to performing 
about that amount of work each year. There are two con- 
tractors engaged in it, one for the removal of the rock and the 
other for the dredging. 

I am assured by the engineer in charge that it is absolutely 
indispensable, for the pui^oose of doing this work economically, 
that it should be done at tne rats of about one-fourth of the work 
each year. Every spring nature to some extentoveroomes what 
engineering has accomplished. It is necessary that the work 
should be completed and removed from those perils; that the 
protections they provide— their dikes and all that— should bo 
carried on simultaneously; and the elaborate scheme which is 
presented contemplates the expenditure of the money in that 
way. 

There was no evidence before the Committee on Commerce or 
before the Committee on Appropriations in respect to this item 
except the protest of Gen. Casey, I understand, against the re- 
duction of the appropriation; but the committee did not enter 
into an examination in detail upon the reasons for it. I am told 
that it this appropriation is reduced to about the amount the 
Government has been accustomed in connection with the State 
of New York to expend each year upon this section ol the Hud- 
son Iviver, the money will be lost as it has been heretofore, and 
I call attention to the fact that $3,000,000 have been expended 
here. 

I ask the Senate to bear in mind the immense volume of com- 
merce that is to be afl'ectod by this improvement. I am inclined 
to think that it is about the only appropriation the bill carries 
for the State of New York. That State has not been accustomed 
to urge with great persistency the improvements of its rivers and 
harbors. As I said a little while ago, it has gone step by step 
and hand in hand with the General Government in the improve- 
ment of the rivers. But it now this appropriation is struck 
down, the provision of law the Senator from Maine [Mr. Frye] 
has spoken of as wise, so far as this work is concerned, might as 
well bo eliminated from the statute hooks. The moment that you 
bring this item down to the appropriations that have been ac- 
customed to be made by New York and by the General Govern- 
ment for this river, in the spring of the year tlie force of nature 
will undo all that was previously accomplished by engineering 
Bnd bv contractors. 



I do not urge this because I want a specific amount for this J 
work. I am not animated by any such motive as that. But after 1 
a full examination ot this question and of this elaborate report, 
giving the details, giving the whole scheme for this improve- 
ment, I am satisfied that it comes within the exception tha 
Senator in charge ot the bill, the distinguished chairman of the 
Coramittoo on Appropriations, and the distinguished chairman 
of the Committee on Commerce announcedthat they were willing 
to make, and to give not only all that was desired but all that 
was necessary in the direction of economy for the work. 

I ask the Senate to vote down this amendment of the com- 
mittee. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the committee. [Putting the question.] The 
noes appear to have it. 

Mr. ALLISON. Let us have a division. 

Mr. GORMAN. I ask for the yeas and nays. 

The yeas and nays were ordered, and the Secretary proceeded 
to call the roll. 

Mr. BATE (when his name was called). I am paired with the 
Senator from Washington [Mr. Allen]. I withhold my vote not 
knowing how he would vote. 

Mr. GORDON (when Mr. Colquitt's name was called). My 
colleague [Mr. Colquitt] is paired with the Senator from Iowa 
[Mr. Wilson]. 

Mr. FAULKNER (when his name was called). I am paired 
with the Senator from Rhode Island [Mr. Aldrich] on these 
questions. 

Mr. Mcpherson (when his name was called). I am paired 
with the Senator from Delaware [Mr. Higgins]. I do not know 
how he would vote on this question, and therefore withhold my 
vote. 

Mr. MILLS (when his name was called). I am paired with the 
Senator from New Hampshire [Mr. Galunger]. 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. Colquitt], and therefore with- 
hold my vote. 

The roll call \v:as concluded. 

Mr. DIXON. I have a general pair with the Senator from 
Mississippi [Mr. Walthall]. As he is absent I withhold my 
vote. My colleague [Mr. Aldrich], who is also absent, is paired 
with the Senator from West Virginia [Mr. Faulkner]. 

Mr. GORDON. I announce my pair with the Senator from 
Wyoming [Mr. Warren]. 

Mr. McMillan (after having voted in the negative). I have 
a general pair with the Senator from North Carolina [Mr. 
Vance]. Not seeing him in the Chamber I withdraw my vote. 

Mr. HISCOCK. I am paired with the Senator from Arkansas 
[Mr. Jones]. I will transfer that pair to the Senator from North 
Carolina [Mr. Vance], so as to allow the Senator from Michigan 
[Mr. McMillan] to vote. I vote "nay." 

Mr. McMillan. Then I will let my vote stand. 

Mr. QUAY. I wish to announce that upon this vote and upon 
subseqtient votes to be taken upon the items in this bill under 
the head of "Engineer Department" my colleague [Mr. Came- 
ron] is paired with the Senator from Arkansas [Mr. JoNES]. 

The result was announced — ^yeas 22, nays 30, as follows: 
YEAS-22. 
Allison, Gorman, Himton, Slioup, 

Berry, Gray, Morrill. Teller, 

Dlackbui-n, Hale, Palmer. Vilas, 

Call, Harris, Proctor, Wiite. 

CuUom, Hawley, Sawyer, 

Gibson, . Hoar, Shermau, 

^ NAYS -30. 

Butler, "O Frye, Morgan, Quay, 

Cafferv, c Hausbrough, Paddock, Kansom, 

Chaud'ler.— Hill, Pefter, Squire, 

Coke. „i Hlscock, Perkins, Stockbridge, 

Daniel. gi Kyle, Pettigrew, Vest, 

Davis, (^ McMUlan, Piatt, Washburn. 

Dolpb, Manderson, Power, 

Felton, ■>-> ' Milcliell, Pugh, 

^ NOT VOTING-35. 

Aldricli, -zri Cockrell, Higgins, Stewai-t, 

Allen, -^ Colquitt, Irby, Turpie, 

Bate, ~, Dawes, Jones ot Ark. Vance, 

Blodgelt, '" Dixon, Jones ot Nev. Voorhees, 

Brice, «— Dubois, McPhersou, Walthall, 

Camden, O Faulkner, Mills, Warren, 

Cameron, Li_ Galllnger, Pasco, Wilson, 

Carey, George, Sanders. Wolcott. 

Casey, Gordon, Stanford, 

So the amendment was rejected. 

The VICE-PRESIDENT. The next amendment which waa 
passed over will be stated. 

The Chief Clerk. On page 82, line 7, before the word "hun- 
dred," the committee report to strike out ''seven" and insert 
"six; " so as to read: 

For improving Mississippi River from the mouth ot the Ohio River to 



1893. 



CONGEESSIONAL RECORD— SEXATE. 



1667 



tlic landing on the west bank below tho WasUngton uvenue bridge. Min- 
neapolis, Minn. : Continuing improvement from the mouth of the Ohio River 
to the mouth of the Missouri River, J658,333.33. 

The VICE-PRESIDENT. Tho question is on agreeing to the 

amendment of the committee. 

The amendment was ag'reed to. 

The next amendment was, on page 82, lino 10, before the word 
"hundred," to strike out '■ eight" and insert "seven;" so as to 
read: 

Coutlnulnc; improvement from the mouth of the Missouri Kiver to Minne- 
apolis, $766, ei5G.67. 

Mr. WASHBURN. Mr. President, I hope this amendment will 
not be agreed to. While I sympathize fully with the Senator 
from Iowa [Mr. Allison], the distinguished chairman of the 
Committee on Appropriations, and his colleague on the commit- 
tee, tho Senator from Maryland [Mr. Gorman], in their solici- 
tude to reduce the ajipropriations and relieve the Treasury, it 
seems to mo rather unfortunate, to say the least, that their at- 
tacks in this direction should bo made on the groat public works 
of this country, the improvements for tho beneiit of tho com- 
merce of this country. Wc had liberal appropriations for build- 
ing battle ships, cruisers, fortifications, big guns, and everything 
of that kind. 

We heard none of these questions raised ui connection with 
those appropriations, but now when we come to the appropria- 
tions opening up the great commerce of this counti-y, enabling 
tho Chief of Engineers to carry out in good faith the contracts 
he has made under a system which has reduced the cost on these 
public works almost 3.i per cent, we have tho Committee on Ap- 
propriations coming forward and making indiscriminate reduc- 
tions. Of all the reductions proposed tho one now under con- 
sideration is the worst advised, because this work is ol sucli a 
character that it should go on continuously. Whenever there 
is a lapse in the work there is a loss to the Government. 

If the Committee on Appropriations are to put their judgment 
against the Chief of lilngineors and to select at their own discre- 
tion and their own sweet will the appropriations that are to be 
reduced, then I really think that we are in a bad way so far as river 
and harbor appropriations are concerned. Why should they re- 
duce the appropriation, for instance, on tho Upper Mississippi 
River $100,000, and in the appropriation immediately preceding 
it there is no reduction made whatever, when the work is not 
one-tenth part of its importanceV 

The VICE-PRESIDENT. The hour of 1 o'clock having ar- 
rived, it is the duty of theChair to lay before the Senate the un- 
finished business, which will be stated. 

The Chief Clerk. A bill (S. 121S) to amend the act entitled 
"An act to incorporate the Maritime Canal Company of Nicara- 
gua," approved February 20, 188'.). 

Mr. SHERMAN. Let that bo passed over informally. 

The VICE-PRESIDENT. Tho unfinished business will bo 
passed over informally, if there be no objection. 

Mr. WASHBURN. I have no objection that tho appror.ria- 
tion should be made for the Great Kanawha; butwhy shouUl not 
that have been cut in the same way as the Upper Mississipiii, 
Charleston, Mobile, and these other important iioints? There 
is more reason why it should have been cut. That is a work 
■which can be done stcadilv and continuously without regard lo 
the rise and fall of water. " It is masonry. That is a work which 
could be extended a groat deal more properly than this work, 
which always loses by being delayed. Therefore I hope that the 
amendment of the committee will not be agreed to. _ 

I\Ir. ALLISON. Mr. President, after the suggestions made 
by the Senator from Minnesota I think one word should be said 

hy me. . , . , iL 1 

The Senator from Minnesota seems to have an idea that we 
are reducing appropriations. We are not reducing appropria- 
tions We "are making appropriations. Here is an appropria- 
tion for rivers and harbors. In every instance where an exam- 
ination has been made and where a change has been made in the 
bill as it came from the other House we have found that we can 
make changes in the improvement. Here is an improvement in 
which I am as much interested for the people of Iowa as tho 
Senator from Minnesota is interested for the pcoploof his State. 
Upon calling an engineer here who had made estimates as re- 
spects these great improvements for a more clear and full state- 
ment he was able to reduce the amount $1,200,000 uijon three of 
these' appropriations. It is well understood that all these csti- 
mat-'s were not made with accuracy. They are estimates which 
were made last year upon the very heels of this contract system, 
and therefore they are inaccurate estimates, as is well known by 
those who have looked over thos- statements. So far from re- 
ducing appropriations we arc increasing appropriations in the 
bill bevoud any precedent in river and harbor bills. _ 

The Senator from ISIiunesota makes his attack at a time when 
he strikes an appropriation that is especially of interest to the 



people whom I represent. He states that wo are making large 

appropriationsfor lorti' '■ !• i"' i-i f.. i'm,. \hvv ;ind for other pur- 
poses, and that I have - d my own int.3r- 
ests for an opportunit;. a? to tho ability 
of our Government to ^ . ■ by year. 

Mr. President, I an. Imrhnr im- 

provements as is tho ^ h 

interest in the impro :it 

as has the Senator fr. 

sent are largely an a:' !y 

interested in tho che;i_ i"o 

great markets of tlio worUl. Th<-y uio i .e 

cheap transmission of tho things whi<'h j 

from those markets to their hoin .< 

worked here in season anl out • ;• 

rivers and harbors. I believe n. v m. ...... ., ...v, ...i" "i'. iU- 

lions as far as they can bo extended. 

But taking the bill by and largo I roiwul what 1 r.iuil V'^t-T- 
day, that it covers, as the bill caino to us f 

10 per cent in two years of the anii'iiil v\ n- 

ment for a single year. I share t 

from Maryland [Mr. Gorman] !. '.- 

ing into these bills an amount wiiiea \. 1. 1 ■>•. .JUT o i,i,<r i.iiiik 
down tho whole system in respect to contracts, morllorlous an 
it is. 

Now. wo como to the special appropriation V ' r 

from Minnesota has selected for his attack up.. e 

on Appropriations, an amendment which cuts down tliu appro- 
priation for the Mississippi Uiver Iwtwoeu the moutli of tho Mis- 
souri and Minneapolis. Tho Senator f roil. " ■ •>•-- '.■ ^t] 

in 
;iit 

lO 

;.i. 

II- 

in 

a pi'ii.Ki of 



vi- 
no 
oil 

.:a 



;ve 
a 
m 



a hills. 
•1 T Ixj- 

ill- 

l"0 



will bear mo witness that la>t year, when 

here tho annual contract for the Lower .\Ii.~r 

of $2.nOil,(Kli). it was at my request and at my i 

principle of contracts was extended lo the I": 

Prior to that time we hud only been abl 

provement of the Upper Mississipni from 

each river and harbor bill, which was ^■ 

two years, making ks^ than .^.'WU.Oihi for • 
Bj' an amendment whicli I otT. ' " ■ ' 

sionsof the contract system wer- 

Upper Mississippi. Itistmelma;. 

instead of Minneapolis, and when tho Senator Iro 

called my attention to it I extended tho provision 

olis, Minn. _ 

Under that system wo received last year about WlnO.OOO or 

$So0,000 perhaps, for the Upper Mississippi River. 1" -'<•■• 

$7.')0,000 in the |)ending bill, which mak.:s an a;; 

million and a half for every two years, m- .■..i.n.n.. 

$JOO,OjO to $(JOO,000 for two years in all pr 

So when I saw that these ai)pi-opriHtions 

lievcd we could well pass at this ses-^-ion •• 

ing that the region which I especially re. 

the fato of the others. , . , , ,, , 

The Senator from Minnesota asks me why it is that wo allowed 

the Kanawha appropriation • ■ ' • ■" ' •■■•i ■■■'•■" i ..".ior- 

took to explain that briell;. '*<" 

appropriations to stand will * ■ "''" 

harbor at Galveston, Tex., whorothoapi>ri>priuliuii ' "'. 

where the contracts require a totiil exi"-n;Htur.' of v n.l 

where it requires six years to <•" ''• 

by Gen. Casoy, tho Chief of En- 
remaining to bo completed in tli-- i\:n.a . 
that there should bo an ajiproiiriation fo 
of those locks, and that it would require li <•'■■ 

fore we thought it not wij-o to cut that appropriation. 

There was no other reason in the minds of lh- < ■oTnmi»t«v. on 
Appropriations as respects these two ii '■'■■ 

given. If Senators think it is wise to c. •^' 

that the completion of tlio lock can n ' "• "' '« 

propose. The Committee on Appi" was not 

wise to cut this special appropriati. ;: ... 

Mr. President, I am salislied that it i- ' 
as expi-ossed by two votes here, that tj I'- 

propriations is not to bo sustained in its • ;'" 

great question, and that Democrats on tlm n- 
publicans on this side of the Chamb "^ 

appropriation bill as that when it <:■ '" 

contain every appropriation put iii '"■ 

senfatives and will be swollen to fro 
I do not believe that such action i- 
Therefore I shall call for tho yeas and ; 
amendment and see whether it is the p. 
Senate to retain all these appropriations ;^ ua*!- ".N i 

Tho VICE-PRESIDENT. The yeas and nays are doraandod 
by the Senator from Iowa. 



KS 

't; 

no 



■ho 
i.iier 



ims 



CONGRESSIONAL RECORD— SENATE. 



February 16, 



The yeas and nays were ordered. 

Mr. WASHBURN. I simply wish to repel the suggestions 
made by the distinguished Senator from Iowa that I attacked 
the Commiitee on Appropriations, and that I should especially 
have made an attack in connection with this appropriation for 
the improvement of the Upper Mississippi River. I never had 
such a tliought. I made the statement because I in some part 
representorcndeavor to repi-esentthat great country, which is so 
dependent upon all such means of communication. I did it as a 
matter of duty. The estimate was made for $750,000 for this e--- 
pecial work. Gen. Casey came be'ore the Committee on Com- 
merce and, excepting the three items where the reductions have 
been agreed to, ho said that every dollar could be wisely and ju- 
diciously and economically expended. 

Mr. WHITE. May I ask the Senator a question ? 

Ml-. WASHBURN. Cortainly. 

Mr. WHITE. I find in looking at the bill of last year that the 
provision making- the appropriation for this work was not for a 
completed work, and therefore this particular item would not 
pi-B^ent the question which has been raised by the committee as 
to completed work. The river and harbor act of last year con- 
tained the following clausa : 

Improving the Mississippi River from the mouth of the Ohio River to the 
laiuiing on the -west banlc belo^v the Washington avenne bridge, Minneapo- 
lis, Minn.: Continuing improvement, $l,1^5,0iX); Frovided, That on and after 
the passage of this act additional contracts may be entered into by the Sec- 
ret-jrv t^f vyar for such materials and work as may be necessary to carry on 
continuously the systematic improvement of the Mississippi River between 
the points mentioned. 

It is not a contract for comiiletion. This is not such a casa as 
the one upon which the Senator from Iowa, the distinguished 
chairman of the committee, makes a test. 

Mr. WASHBURN. I do not think there is any particular 
point in that, because the contracts were made. 

Mr. WHITE. It is a point in favor of the position which the 
Senator from Minnesota is taking. 

Mr. WASHBURN. I understand. 

Mr. WHITE. The distinguished chairman in discussing- the 
matter yesterday said one rule ought to apply to a case where 
there were contracts for completion and another rule where in 
the act of last year the contracts were not for completion, but 
simply for a given amount of work. I find, although I did not 
know until tihis moment, that this particular item is in that 
category. 

Mr. FAULKNER. Mr. President, I am somewhat surprised 
to hear the remarks which have fallen from the lips of the Sen- 
ator from Minnesota in reference to the improvement of the 
Great Kanawha. 

Mr. WASHBURN. I hope the Senator from West Virginia 
did not misunderstand me. I have no objection to that appro- 
)n-iat!on remaining as it is, and it should so remain; there is no 
douljt about it. It is the estimate of the Chief of Engineers, the 
highest authority we have and the only authority we have to act 
upon, and I think that appropriation should be made. I simply 
siigg< stod that there would have been the same propriety in cut- 
ting that appropriation as there is to cut many others. 

Mr. FAULKNER. It was in justification of the action of the 
co'Jimittee that I wanted especially to refer to the remarks of the 
Senator from Minnesota. I know myself the committee exam- 
ined as to the propriety of cutting down the appropriation for 
the Great Kanawha, and they went so far as to have the engi- 
ne.; r. Col. Craighill, make a report in reference to the necessity 
for that approjoriation. It was not until this subsequent report 
was received, not made directly to the Chief of Engineers, but 
while the committee was examining into the question, that the 
committee were convinced of the ab.-iolute necessity for the entire 
appropriation being made at this time. I desire to make this 
statement in justification of the action of the committee and to 
show the propriety of the appropriation remaining unchanged. 

Mr. Mcpherson. Mr. President, I am in the unfortunate 
position of being lialjle to be misunderstood very greatly in re- 
spect to my own attitude upon many of the questions that arise 
in the bill. Paired as I am with the Senator from Delaware 
[Mr. HiGGiNS], I do not know how he would vote upon any of 
these questions, and I am forced to maintain an attitude of ab- 
solute neutrality. 

I wish to say with respect to the improvement that is now go- 
ing on in the harboi- at Philadelphia with regard to the islands 
there, my observations upon that question were based very 
largely upon a certain condition of facts. 

I addressed myself, as I remember, to the chairman of the 
committee, asking him if there was not a distinction which 
should properly be drawn between that appropriation and all 
others found in the bill referring to rivers and harbors. The 
point was that inasmuch as the people of Pennsylvania and Phila- 
delphia (and I have an indistinct recollection that Now Jersey as 
well through her Legislature) had made an appropriation of 



money for the purchase of the islands, it becomes somewhat a 
matter of contract between the Government and the people. It 
is a partnership e.xisting between them. 

The city of Philadelphia and the State of Pennsylvania an- 
propriated their money and paid it with the understanding that 
the improvement tliere was to be continued as rapidly as possi- 
ble unto the end. Some two years have elapsed. The money 
of the city of Philadelphia, and New Jersey, if she did really 
apply it, has been paid in. Tliey have lost the interest, they 
have lost the benefit of the improvement, and as it requires an 
addition of but $:;00,090 more to make up the appropriation to 
the full amountestimated for by the Chief of Engineers, it seems 
tome as though the Government can hardly afford with that 
stale of facts to refuse the appropriation to continue the work 
as rapidly as possible. ' 

Hosvever, I wish to state in the presence of the Senace that I 
am in hearty sympathy with the distinguished Senator who has 
charge of the Dill, now that he has become a rigid economist, 
and just as long as the spasm lasts I intend to support that Sena- 
tor in every way not only with respect to this appropriation bill 
but every other one. As the statement was made by the distin- 
guished Senator from Iowa yesterday and the distinguished 
Senator from Maryland this morning with respect to this matter, 
it is not a question of right or wrong; it is not a question as to 
what would be tlie best tiling to do provided we had the money; 
it is not a question of economy; it is a question of money. 

Where are you going to get the money to pay for these im- 
provements in the present depleted condition of the Treasury? 
I want to say that as to all the items in the bill, and even upon 
the item which I discussed this morning, I should have supported 
the committee and voted for the committee's amendment, 
although I did not think there was a wide distinction between 
that and other items. As to all the items in the bill where there 
is a reduction of expenditures I shall support the committee. If 
I find any place in the bill where there li-.ive been increases made 
above the House bill I shall hold myself at liberty to offer amend- 
ments to reduce the amounts, for a^ to this and every appropria- 
tion bill which comes before the Senate from now to the end I 
shall vote for the lowest possil:)le appropriation. 

Mr. ALLISON. I only desire to say a few words further re- 
specting- this particular appropriation, and I do it rather in re- 
sponse to what was suggested by the Senator from Louisiana [Mr. 
White]. It is true in a sense that the appropriations for the 
Mississippi River stand upon a different basis from the other ap- 
propriations, for the reason that, as respects all the other ap- 
propriations, contracts have been made or will be made for the 
completion, whereas it is not and can not be expected, in regard 
to any of these appropriations, that there will be a completion of 
any work. 

Therefore there is in the suggestion of the Senator from Lou- 
isiana great force when he says that if we do not appropriate as 
was provided originally in the river and harbor act of fast year 
the appropriations designated there will be loss; and I am will- 
ing for myself to yield somewhat to that suggestion. But I must 
say to Senators that I do not think the reasons which apply to 
the Lower Mississippi apply to the improvement under consid- 
eration; and I say it with all respect to the Senator from Min- 
nesota [Mr. Washburn]. The improvements in the Upper 
Mississippi River are entirely different in character from those 
in the Lower Mississippi River. 

In last year's bill there was only .SoOO.OOO or $300,000—1 do not 
remember the exact amount — appropriated for this reach, if I 
may call it a reach, from the mouth of the Missouri to Minneap- 
olis. Last year the Committee on Commerce, that comaiittee 
which stands here justly and properly as the champion of the 
most liberal appropriations for rivers and harbors, proposed to 
appropriate only $600,000 for the current year, for work for which 
we have now proposed to appropriate $750,000. 

In other words, we are $100,000 better as i-espects our judg- 
ment and our devotion to the Upper Mississippi River than was 
the Committee on Commerce onlyayear ago. I think that when 
we increase this appropriation at the rate o! more than $100,000 
a year beyond the appropriations suggested in the mature de- 
liberations of the Committee on Commerce, of which my friend 
before me [Mr. Frye] is the distinguished chairman and my 
friend on the right [Mr. WaSHBURNJ is such a distinguished 
member, we can not be said to be in hostility to adequate and 
ample appropriations for rivers and harbors. I put the $750,000 
which I am in favor of appropriating for this year as against the 
$000,000 we appropriated last year for the same purpose, on the 
r. commendation of the Committee on Commerce. 

The PRESIDING OFFICER(Mr. HARRIS iu the chair). The 
question is on agreeing to the amendment of the committee; on 
which the yeas and nays have been oi-de:-ed. 

The Secretary proceeded to call the roll. 

Mr. BATE (when his name was called). I am paired with 



189^ 



CONGRESSIONAL RECORD— SENATE. 



i(;(;9 



the Senator from Washinjj-ton [Mr. Allen]. Not knowing how 
he would vote, I withhold my vote. 

Mr. GORDON (when his name wascallod). I am paired with 
the Senator from Wyoming [Mr. Warren]. 

Mr, DOLPH (when Mr. Gorman's name was callod). I have 
agreed to pair with the Senator from Maryland [Mr. Gorman] 
on this vote. 

Mr. Mcpherson (when his name was called). I am paired 
with the Sonat )r from Delaware [Mr. Higgins]. If he were here 
I should vote "yea." 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. Colquitt]. 

The roll call was concluded. 

Mr. DIXON. I have a general pair with the Senator from 
Mississippi [Mr. WalthallJ. As he is absent I withhold my 
vote. My colleague [Mr. Aldrich] is paired with the Senator 
from West Virginia [Mr. Paulknkk]. 

Mr. DAVIS. I am paired with the Senator from Indiana [Mr. 
Turpie]. 

Mr. BERRY. On this qusstion I am paired with the Senator 
from Pennsylvania [Mr. Cameron]. If he were here I should 
vote '■ }"ea." 

Mr. GEORGE. My colleague [Mr. Walthall] is detained 
from the Senate by indisposition. He has a general pair with 
the Senator fi-om Rliodo Island [Mr. Dixon]. 

The result was announced— yeas 21, nays 24; as follows: 

YEAS— 21. 



Allison, 


Frye. 


Palmer. 


Stewart, 


Blackburn, 


Gibson, 


Perkins, 


Vance. 


Call. 


Hale. 


Power. 


Voorhees. 


Camclcn, 


Mai'ri.s, 


Proctor. 




CuUom, 


Hawley, 


Sherman, 




Daniel, 


Jones, Ark. 


Shoup, 








NAYS— 24. 




Blodgett, 


gCeorge, 


Mitchell, 


Ransom, 


Brii e. 


cAlray. 


Morgan, 


Sawyer, 


Butler. 


Hansbrough 


Pefter. 


Squire. 


Caffery, 


**iK.OCk. 


Pettlgrew, 


Vest . 


Coke. 


5;»lrMillan. 


Pugh, 


Wasiiburn, 


Felton, 


_^laiiderson, 


Quay, 


White. 




-2 NOT VOTING-42. 




Aklrich, 


a 'awes, 

UIXOU, 


Humon, 


Stp-ntord, 


Allen. 


Irby, 


Stock bridge 


Bate. 


SdJclph, 
'-Daboi.s, 
l-Mi'aulkner, 


Jones, Nev. 


Teller, 


Berry. 


Kyle, 


Turple, 


Cameron, 


McPherson, 


Vilas. 


Carey, 


Gallinger, 


Mills, 


Walthall, 


Casey. 


Gordon, 


Morrill, 


Warren, 


Chandler, 


Gorman, 


Paddock, 


WllSDU, 


Cookrell, 


Higgins, 


Pasco, 


Wolcott. 


Colquitt, 


Hill. 


Piatt, 




Davis, 


Hoar, 


Sanders, 





So the amendment was rejected. 

The PRESIDING OFFICER. The Secretary will state the 
next amendment of the committee which was passed over. 

The Secretary. On page S2, lino 12, the committee report 
to change the total so as to read "in all $1.42."), 000.'' 

Mr. ALLISON. That should ba modified by making the 
amount $1 ,.525,000, the amendment in line 7 having been agreed 
to. I move to so amend the amendment of the committee. 

The amendm-nt to the amendment was agreed to. 

The amendment as amended was agreed to. 

The next amendment of the Committee on Appropriations 
was. on page S2, lino 15, to reduce the appropriation for contin- 
uing improvement of St. Marys River at the falls, Michigan, 
from $2,000,000 to $1,230,000. 

Mr. McMillan. I understand that this amendment of the 
committee is approved by Gen. Poe,and therefore I have no ob- 
jection to it; but I should like to offer an amendment to the 
amendment of thecommittee. After the word "dollars, "in lino 
16, at the end of the paragraph, I move to add the following 
proviso: 

Provided, That of the amount hereby appropriated, the sumof S2!j,000, or so 
much thereof as may be necessary, may be expended in widening tho pres- 
ent channel at the elbow at the lower end of Lake George, in St. Marys 
River, Michigan. 

I believe that amendment is accepted by the chairman of the 
Committee on Appropriations. 

Mr. ALLISON. I do not object to it. 

The PRESIDING OFFICER. The question is on agreeing 
to the amendment of the Senator from Michigan to the amend- 
ment of the committee. 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The next amendment was. on page 82, line 18, to reduce the 
appropi-iation for improving channel connecting the waters of 
the Great Lakes between Chicago, Duluth, and Buffalo, from 
$1,000,000 to $875,000. 

The amendment was agreed to. 

The next amendment of the Committee on Appropriations 



was, on page 82, line 2J, to reduce the aDoronriation for .ontinvi- 
ing improvement of canal ■ • '' .'.■a of the Co'i.irabla 
Kiver. Oregon, fi-om ilAVJ ■ 

Mr. MITCHELL. Mr. Pi ; in --i -• - . m.... 

to discuss the importance o the wor^ at ih.- 

Columbia River. Congress has already a.; 

$2,000,000 for that work, and. so far ;. ikjiUui^ <..' tUo 

work is concerned, it is not nec<'s»ar\ it. 

In view of what has been said t. • ' 
te:', and after a very eai-eful cn.-i \'.[ 

myself as to tlie coudition of the v, . . 

of the contract alroAdy made for it- ., 

aiuendiiiont to the iiinciidmont of the ., 

explain the elT.ctof it if it should boa l...^,.- i. 

The FRESIUING OFFICER. Tho amendment of th.< Sena- 
tor from Oregon to tho amendment of the committee will bo 
stated. 

Tho Secretary. On page •><2, in lino 2' '••' •' • .-d 

"dollars," strike out the words "eight h. 

thousand " and insert in lieu tho.oof "on-- i 

and thirty-nine thousand six himdrod and 

The l^RESfDING OFFU:ER. The qu. 
to the am -ndinent prop isod by tho Senator Iium Orc-o.i tu the 
amendment of the coinmittoo. 

-Mr. MITCHELL. I will state the .'T '•>: ' ■:• 

toth,iamendmontof thocommittoo if •> 

bill SLs it came from tlie House of Rcpi' ; . 

propriate$l,419,'i"iii. The amendmoiit of t!io Coiiini • 
propriations of the Senate is to r. 'due- the amount ■ i. 

The cfToi't oi my adinendment to tlio nmetidmeu' 
tee, if adopted, would Ixs to ro.hic • th • iiiiio m: 
bill by tho House of Iloiirosontativos to the e\ 
and to increase the amount i)ronosed by llie S. 

on Appropriations *;j70,0'i;l, tnus making tl:, .., , .. = ;;i 

$l,23;),(i5;i. 

The contract for tho completion of this work w^ entered Into 
on the 7th of Decemb-r last, in purs'ianc > nf u provision In tho 
river and harbor act of .luly i:i, 18J2. which provided thai eiin- 
tvacts may be ent.erod into'by the Secretary of Wu ' !i 

work as may be necessary to complete tho Vresont 
provcmentsof tho tJolumbia Kiver ai t'lat point, to i 
as ai)i)ropriations may from time to tlmo bo mad<> • I 

"not to exceed in the aggregate $l,4r.l,25(l, o\c\' 
amount herein and heretofore appropriated." 'I m 

" herein and heretofore apjiropriattjd " by that act \v k 

so that tho estima'o of the Engineer Corps and of tl. 
of War for the completion of tho whole work la- s 

$1,745,500. Tho contract, as I said, was let on the 7ll. ... . ' - 

her last for $224,225 lo.-s than the estimate, or for !?l.521.2'i ■. 

Tho question before tho Senate, therefore, now is how niueh 
ought to bo appropriated at this time, so an to mako itiva-nnbly 
certain that there will be nosuspension of work Iwtwei-n ii"w iind 
the date when another appropriation will in all )ir> o 

made. We have here a t ■Icgram from thecnginocv. 
bury, in charge of this work, which reiulsas follows, ii.iin. -.-cd 
to the Chief of Engineers: 

PoRTi.ANU, Orecos, Ffliriiary i>. I'93. 
To CHIEF OF engineers, Armv. H'Of/iinj/on. /). C: 

Contractors for canal at Cascade now in my c-.tTtre Th'.y infi'mi m<< In 
writing that they tiave ma'Je ariaiigfint-nls ' . .u 

money available wiihlii lime >tHMiile i. .'^o tii. r 

than the end of 1S'J4 id cumpiciliiK work it fi.i. •■ 

their aver.'ige montlily earnings to be$.S*».UOO. \ ;i..i'nf ^r- .it'' i :iin 'un! iin- 
terial put in place by Government on any one montli— 

That is, heretofore — 
}73,000. taking present contract price as basis. This Is nocrilorlnn liy vrblch 
to estimate what ml'iht have lieen done had funds Ix-en avallnl'le Work 
can be carried on throughout wliolo year. 

HANDUDRV, BngUttm. 

Estimating from the date of this contract,-' " - ri- 
mence to exiiend money, until the end of the i 
the period is nearly nineteen months. It is i 
lacking seven days. This states that the eoiitiM 'i 

earn not less than $so,o0<) a month. Eighty tli^ i 

month for that length of time will very nearly c 
work. Tho amount pi-opos 'd by the Commit l«"o on 
tions would not bs sullicient to enable ■ ' 
the next sundry civil ai)pio))i-iaiion ' f 

theseestimates arecorrect, it is toosm;... ■_, .. .u 

that neighliorhood. 

Some ¥'>0 1,0 io of this amount of money already appr'pri.ited 
and to be appropriated must Ix.- expendofl at once in t 
iron. That IS not included, not to b.i oomputod or i 

account in the cstiuiato of i^sij.ooo a month that they exje t to 
earn. 

There was on hand available for this work on the let o( .Tan- 
uary last $.331,012. In addition to tho contract price, which ia 



1670 



CONGRESSIONAL RECORD— SENATE. 



Febeuaey 16, 



$1,521,2G5, tho i-eg-ular estimate of the War Department, and of 
the Engineer Department gotiei-ally, is that 5 per cent in addi- 
tion is required as a general rule to meet the engineer expenses 
connected \yith the work. 

Mr. DOLPH. And supervision of the work. 

Mr. MITCHELL. And supervision of tho work while under 
way. Counting .5 per cent on this contract amount of $1,521,265, 
it vi-ould bj about $75,000; but as the worK has progressed a long 
way and is to be completed next year, it is not probable that 5 
per cent on that amount will be required for engineering super- 
vision from now until tho completion of the work. Therefore I 
take $50,000 instead of $75,000 and deduct that from the $321,612 
available on tho 1st of .January last. 

Mr. DOLPH. Tho amount that my colleague's amendment 
covers is the amount that is given in tho handwriting of tho 
Chief of Engineers this morning as the sum required to com- 
plete the work. 

Mr. MITCHELL. Certainly. I myself saw the Chief of En- 
ginrors this morning. 

Mr. DOLPH. The memorandum is in the handwriting of the 
Chief of Engineers. 

Mr. MITCHELL. The data I am quoting from is in the hand- 
writing of Gen. Casey, the Chief of Engineers. Allowing then, 
if the chairman of the committee pleases, $50,000, which we think 
sutlicient, and it is perhaps not more than is necessary for the 
engineering supervision of this work from now until its comple- 
tion, and deducting that from the amount available on the Istof 
January last, we have $281,012 left. Add $281,612 to the amount 
proposed to be appropriated by the committee, which is but 
$8011,000, and you have but a little moi-e than $1,100,000, and not 
enough to enable the contractors to go on with this work until 
another appropriation is made. 

After deducting $50,000 from the amount available and then 
adding that to the amount of my amendment, should it be adopted, 
y(Hi have precisely the amount called for by the contract. The 
amount fixed in the House bill it will be observed is more by 
$22}, 225 than the contract calls for. The amount in the bill as 
it came from the House is the amount of the estimate of the De- 
partment before the contract was let, the contract price, as t 
have said, being less by $224,225 than this estimate. 

I hope under all the circumstances that the chairman of the 
Committee on Appropriations will see his way clear to agree to 
my amendment. 

Mr. DOLPH. Will my colleague allow me to interrupt him 
to make a restatement? 

Mr. MITCHELL. Certainly. 

Mr. DOLPH. The figures the Senator reads from were made 
in my presence this morning by the Chief of Engineers as the 
amount required for this work. The approi)riation carried by 
my colleague's amendment is that amount. The amount already 
appropriated will be used up by the 1st of July. Nobody dis- 
putes that. Then all the amount that will be carried by my 
colleague's amendment, $300,000, or one-fourth, will go over 
until the fiscal year ending July 1, 1895. 

Mr. MITCHELL. Under a subsequent provision of the bill. 

Mr. DOLPH. That will, leave $900,000, and then $300,000 of 
this amount is required for iron gates and other things that have 
to ho brought in, so that it will leave only $600,000 for the fiscal 
year from the 1st of July, 1893, to the 1st of July, 1894. 

Mr. MITCHELL. Only $560,000. » 

Mr. DOLPH. Only $560,000 is to be expended in the work, 
that is less than $50,000 a month, while Maj. Handbury says they 
have a plant by which they can spend $80,000 a month. So I 
think the ]>roposition is reasonable, and if accepted we can in- 
sert instead of " continuing'," the "completion" of the work, 
and it will be out of the way. 

Mr. MITCHELL. I neglected to state that if 25 per cent is 
withheld under the subsequent provision in the bill it would 
amount on my amendment to the sum of $380,316.25 to be held 
back, leaving,'of course, an amount wholly insufficient to meet 
the estimates of the engineer in charge. 

Mr. ALLISON. Tho observations of the Senator from Oregon 
and his amendment furnish a fine illustration of the care and 
anxiety with which all these provisions have been prepared in 
the other body, if there is another body that has prepared these 
provisions, and in the Departments of the Government. Here is 
a law passed on the 13th day of July, 1892, which brought within 
tho range of the contract system the improvement of tlie Cas- 
cades of tho Columbia Ki ver. I believe the Senator from Oregon 
has just stated that about $2,000,000 had been expended there 
before this provision was inserted in the law. I did not get the 
exact amount he stated. 

Mr. MITCHELL. The amount appropriated heretofore up to 
this date is $2,203,760. 

Mr. ALLISON. In other words, before the Cascades were 
brought within the provisions of the contx'act law there had been 



appropriated $1,700,000 and more for this improvement. Then 
on tho 13th of last July this provision was made, and among other 
things inserted was a provision that tho present project of the 
improvement of tho Columbia River at that point should be paid 
for as appropriations might from time to time be made by law. 
That was only last July. Now, in the month of February, 1893, 
we find in this hill a proposition for continuing the improvement, 
and, as the bill came to the Senate, for "continuing improve- 
ment," $1,419,250, as though that sum would not complete it. 

When the Committee on Appropriations undertook to lay its 
hand gently upon the sacrednessof contracts and upon tho claim 
of the immense importance of upholding the bill as it came from 
the House of Representatives, we were assailed from all points 
of tho Chamber and from nearly all points of the compass. The 
Senator from Maryland [Mr. Gorman] very properly said that 
there seemed to be a community of interest as respects these 
items which tnade them somewhat more attractive than they 
would be if that community of interest did not prevail. 

But after the Committee on Appropriations has made some 
little investigation of this matter the Senator from Oregon near- 
est me proposes now as a compromise — he calls it a compromise — 
that we shall appropriate $5u,000 more than the contract price 
for the completion of the Cascades improvement. I agree that 
in any event the amendment suggested by the Senator from Ore- 
gon should be adopted, because we certainly have not had such 
a sudden z?al for the improvement of rivers and harbors that wo 
shall appropriate $200, duO more in the bill than is provided for 
the absolute completion of the work under the contracts made. 

But, ^Ir. President, notwithstanding tho efforts of tho Com- 
mittee on Appropriations have been ratlier discouraging in this 
regard, I shall ask for a vote of the Senate ujion the amendment 
proposed by the Committee on Appropriations, which gives $1,- 
200,000 for this improvement, which is an improvement around 
the cascades of tho Columbia, where, when completed, there will 
be only 40 miles of navigation until you meet The Dalles, with 
mountain sides thousands of feet high and a fall. of 100 feet 
within a few miles. It will take millions of dollars to complete 
the work unless it is done by means of a railway. I shall ask 
for a yea-and-nay vote upun the amendment proposed by the Com- 
mittee on Appropriations. From all the testimony the appro- 
priation proposed here will carry on this work until November, 
1894. 

Mr. DOLPH. Mr. President, I yesterday read from tho report 
of the engineer in 1891, and I could have gone back seventeen 
years and read similar extracts from the local engineers in 
charge as to the difficulty of this w'ork and the great importance 
of having the money appropriated to complete it speedily. I 
read an extract from Maj. Handbury's report two years ago, in 
which he said: 

So much money has already been expended upon tills work, for which 
there can ba no return until it is substantially completed, that it would seem 
wise economy to appropriate what is necessai-y to finish it in one sum at tho 
earliest practical moment. 

That is the cry that v.'ill arise on the Columbia River every 
year. It will put the work back, filling up the pits, the whole 
of which will have to be cleaned out by laborious process, and 
the money that has been appropriated for the work will have 
been squandered. There has been a constant cry from tho en- 
gineers for a sufficient amount of money to complete that work. 
They estimated it at the amount the House bill carried, and of 
course when they sent their estimates under the contract system 
up to the Chief of Engineers or the Secretary of War tlioy esti- 
mated the amount to finish the work, knowing they could com- 
plete it in a year. 

At that time the contracts had u6t been made. The engineers 
stood by their estimates. They could not stand on anything 
else, because they had estimated that it would take that amount 
to complete the work. The bill as it came from the House of 
Representatives carried the amount of the estimate to complete 
the work as it had been previously made by the engineers, and 
as it was made by Maj. Handbury last year. Of course when the 
contract was let it resulted in a saving of something like $200,000, 
and the provision of the House bill was properly amendable here 
when that fact was ascertained. The amendment proposed by 
my colleague is to make the appropriation conform to the amount 
required for the completion of the work. 

I hold in my hand a memorandum made this morning by the 
Chief of Engineers himself. I went to him about this matter. 
In this memorandum he states the usual amount required for su- 
pervision. This is a greatand an important work, aplace where 
the work is difficult to construct. You must keep men over the 
contractor and his employes to see that the necessary amount of 
cement is put into the work, and that the work isprojjerly done, 
or the first June freshet from the C^olumbia River will sweep it 
out. It requires great supervision. 

The Chief of Engineers said to me that the usual amount ro- 



189^ 



CONGRESSIONAL RECORD— SENATE. 



KHl 



quired for superintendonce and for contingent expenses, the ox- 
pens.?s of tlie engineering departme<it and their omployi^s, is 
about 5 per cent; and I have here a memorandum made by him- 
self of the amount required. Now, would it not ba the height of 
folly that with this important work, commenced in 1870, just for 
the sake of tho benefit to the Government of refusing an appropri- 
ation of about $700,000 to complete the work, to carry it over 
another yearV 

The chairman of the committee says there will l)o only 40 
miles of continuous navigation. That is true for the present, 
until another improvement is made, but there is a private com- 
pany which it is stated at least has advertised for bids, and it is 
stated at least that they have contracted for completing a jiortago 
road on one side of the river, an ordinary raih-oad. There is pend- 
ing now before the Legislature of Oregon a provision for tlio State 
to ex])ond $500,000 for a portage road on tho other side ol tho rivoi-. 
The State has already constructed a portage road around this 
work at its own expense and is operating a port^vge road, a State 
road, not boiiig willing to wait for tho completion of this work. 

The only question between the Comniittoa on Appropriations 
and ourselves is as to whether there shall be an increase of about 
S7no,000 male in this bill or whether it shall be made hereafter; 
whother you shall jeopardize the comjjlotion of this work in tho 
next fiscal year or whother it shall be provided for now. 

As Maj. Handbury says, the contractors are ready to oxpjnd 
$80,000 a month of the amount carried by my coUeagiie's amend- 
ment; $300,000 would be under tho 25 per cent provision and will 
go over until the year 18115. Three hundred thousand dollars or 
about that amount is required for gates and tho other ironwork 
which will have to beconstructod and brought there. That will 
leave only about $000,0;Xi to be used during tho next fiscal year, 
or $50,000 a month instead of $80,000 a month. 

Mr. MITCHELL. About $51)0,000. 

Mr. DOLPH. About $;500,000 as against $960,000, which they 
say they could use if they had it. I say it is unfair to criticiso 
the statement of the local engineers to the effect that thoy can 
use this money. They have always said that they could use it. 
They have always said it would be a matter of economy it the 
Government would appropriate the money at once for the con- 
struction of the look, and the letting of the contract has proved 
it. Before the contract was let they estimated the amount it 
wo-ild take to complete the lock, and it was proposed to comDleto 
it in a year. Of course, after the contract has been let tho amount 
should be reduced to the amount required to complete the work. 

Mr. SQUIRE. Mr. President, it is not necessary to go into 
any extended discussion as to the merits of this great work. It 
appears by the report of the engineers that there has already 
been appropriated by the Government of the United States for 
this purpose the sum of •$2,203,700. These appropriations com- 
mer,eed June 1-1,1870, and the appropriations run right through 
the years up to September 19, 1890. Then the ajipropriation at 
the last session was $.320,250. 

"Slv. President, the ColumbiaRiver, as we all know, con-stitutos 
the boundary line for several hundred miles between the State of 
Washington and tho State of Oregon, and a large part of the 
commerce of the Statj of Washington would naturally proceed 
along this river. Therefore the people of the State of Washing- 
ton, particularly of the eastern i)artof the State, are very much 
interested in this work, and I feel it to b3 my duty to rise here 
and support the amendment proposed by the Senator from Ore- 
gon to the amendment of the Committee on Appropriations. 

The letter which wo have before us from the Chief of Engi- 
neers plainly shows that the amount required to complete the 
work is in accordance with the figures of the amendment pro- 
posed by the Senator from Oregon. Tho legislation at the last 
session of Congress provided for a continuing contract for tho 
completion of this work, and the contract has been lot for this 
purpose. But it is needful that the appropriation bo made 
to sujjply the money tor payments to bo made under that con- 
tract. 

It seems to me we ought to support thoaction we have already 
taken as a Congress and appropriate this money so that tho 
Work may b:; proceeded with continuously. It has been my 
habit for many years to travel by rail along the banks of this 
river. Prior to the existence of the railway, I have often gone 
up and down the river in steamboats. I am familiar with the 
work on the locks. Many years ago I made a report to the Gov- 
ernment in which I took pains to go over the subject of this im- 
provement. As governor of the Territory of Washington, after 
a careful conference with the officer of United States Engineers, 
Maj. Jones, who is in charge of the work, I wrote several pages 
very carefully on the subject. Therefore I am somewhat famil- 
iar with it. 

I have noticed as I have passed along the banks of this river 
on the railway that most of the time for the past ton years the 
work has been in a very bad condition. It has been discontinued 



a groat deal of tho time. Tho plant created the; ^ 

ecution of tho Will!,- li.-i^ h..... ,,■,• ,,•- ,.,. ,,.,.1 .._ i ,. 
been abimdonod 
tho work WU.4 r. 
this; in fact thor.; h:. 
seems to mo iUwouUl 
to continue in fu 
Therefore II; ,,i of th« Sonalor 

from Orogiiii .■!■• << . .... 

the bull by ■ 
country th- 
of no avail. Tiio tJ 
unless tlio balan<>e of ■ 

Slate of W ' iiju ul ihu aaiuiia;„u;.l lo 

tho amend i 

Th : PHI J,..., ... . ■ -■ • 

mands tho yeas and nay- ,r 

from Oregon |.Mr. Mitch 

mittee. 

Tho yeas and nays wore ord«">xl. 

Mr. .MITCHELL. Mr. : ,,| 

that committjo must hav.- ,i 

cussiois. This contiv, • 
From that dat • until t 

nineteen months, auil 

of January is being used up. Thu work i 

been going on since very soon aftor tli. 

into. So that wo aro providing now for uiiiel, ca mi.iiilii. ..i 

nearly so, lacking but seven days, for tho carryiuj^ on of Uil-i* 

work. 

But it the amendment of th" nmittoooo Aiiproprio- 

tions bo adopted that only -i. i •• .ii.i.i.. 

January 1 isdo.ibtloss neu 
deduct 25 per cent, undor : 

must go over until the uoxt, ,u, 

Stat d by mo a moment ago, Im ly 

insulUcient. As stated b ' '.:r. 

SqUIKK], this work has h mi 

lack of appropriations. T.,. , ..t 

seventeen years ago, but tho v, . .ni 

time to time simply because of i ii d 

it there has been sullioient approjji i .. cuuitl havi' 

been completed probablv ton or twi 1 ■ 

Mr. VILAS. I should like to ask 111 i 1( 

it is a tact that this im])rovomenl when |. 

orato to the extent of about 40 miles of ] 

Mr. MITCHELL. As tar as that is <•.■ vo 

principal obstructions to tho uii', i':i' ice. r 

as the Senator himself know.- il! 

these matters. The fii-st is ll. ui 

another obstruction at Tho l)aUc.->. 

Mr. DOLPH. But abjvo that t: a- 

bio river. 

Mr. MITCHELL. Above that thoro aro much i J o 

miles of navigable waters of tho Columbia and its l _. 

Mr. DOLPH. Abovo The Dalles thoro ore 250 mileo moro ol 
navigable river. 

Mr. MITCHELL. The Dallosof tho < 
tant aliout 111) miles above tho mouth c 
about 15 miles from the ; ' ' ' 
cades. It is aljout tho sa 
Cascades to Tho Dalles, 
gable wateron the Colum' 
inall, including the navi^a 

milesthataro navigable thoyeururu mh 

and its branches. It is true that wh. ud 

of itself does not open up thenavigatiuui'l iiui . it 

is the first step in that direction, and isa very -u- 

portant one. 

Mr. SQUIRE. I think it ought to Im known lb . r>- 

portage i-ailwayson each sidoof thoriveratXhuDui; .■•h 

freight is transferred around The Dalles. 

Mr. ALLISON. I understand that there are rail road.- also on 
each side of the river at tho Cascailos. 

Mr. MITCHKLL. That is true. 

Mr. DOLPH. And the -• ' ' •" • ' '• ■ ■ 

Mr. MITCHELL. It mi hi 

charges on the railroad a: , . ''d 

tho only real relief that e; nmg up tfao 

Columbia River to free, u 

Mr. SQUIRE. I remember that thu ficijjUt char^ was W • 
ton when I wont there. 

Mr. VILAS. I do not ■ ' ' ' ' " ^ Mir 

wishes of the Senators U i' 

be true that there is $15.0 .-. .,, eeu 

informed, before the improvement at Tho Ualloa can bo madA 



1()72 



CONGRESSIONAL EECOED— SENATE. 



Eebruaey 16, 



available, it would soein that tliore is no great i-easonfor hurry 
about Ihe Ca^ioacles. 

. Mr. MITCHELL. An estimate has been heretofore made, 
under direction of Congress, by a board of eminent engineers 
who visited the location and who had visited the different kinds 
of woi-k for overcoming obstructions in various parte of the woi'ld, 
and their estimate was $2,600,000 for overcoming the obstruc- 
tions at The Dalles. 

The VICE-PRESIDENT. The yeas and nays having been or- 
dered the roll will be called on agreaing to the amendment of 
the Senator from Oregon to the amendment of the committee. 
Mr. M ITCHELL. I ask that my amendment may be reported. 
The VICE-PRESIDENT. The amendment to the amendment 
will be stated. 

The Secret.\ry. On page 82. line 22, before the word '' dol- 
lars," strike out " eight hundred and sixty-nine thousand" and 
insert "one million two hundred and thirty-nine thousand six 
hundred and fiftv-tliree." 

Mr. MITCHELL. The ell'ect of that, if adopted, will be to 
I'educe the appropriation as it came from the other House $179,- 
000. 

Mr. DOLPH. I am in favor of the amendment offered by my 
colleague, and hope it will be adopted. 

Mr. ALLISON. I should like to state the effect of the amend- 
ment to the amendment. It will be to increase the appropria- 
tion by some $400,000 over and above the amendment recom- 
mended by the Committee on Appropriations. 
Mr. DOLPH. Oh, no. 

Mr. BUTLER. Not over and above the House provisions? 
Mr. ALLISON. No. 

Mr. GORMAN. Mr. President, I only want to say one word 
in i-egai-d to the amount of a])propriation desired by the Senators 
from Oregon. They are perfectly well aware that I have taken, 
with them, a great interest in this improvement. I have had 
opportunity to go there and inspect it, and the contemjilated im- 
provements at The Dalles as well, and I have had quite a numl>er 
of conferences with those Senators in regard to the portage rail- 
way around The Dalles. Believing that it is the only improve- 
ment possible to produce any result at a reasonable expense, I 
have favored liberal appropriations for this work at the Cascades 
which has been on hand for a long time. 

But this improvement when completed will amount to very 
little in the way of benefit to the commerce of the river until the 
improvement shall hi completed at The Dalles. The $8(59,000 
that the Committee on Appropriations has recommended is all 
that can be judiciously expended upon the construction of a lock 
within the sixteen months which the appropriation will cover. 
The construction of the lock has so far progressed that its delay 
for one month or six months will not in the slightest degree af- 
fect the commerce upon the river. Both chamber walls of the 
lock are above high water, out of reach of any of the difficul- 
ties which are met with in improvements on the shores of the 
ocean, so that there is nothing in delay which would injuriously 
affect in any way the interest of Oregon or transportation upon 
that great river leading up several hundred miles. 

That being the fact, Mr. President, notwithstanding the pres- 
sure by the Senators from that State, who are so anxious to have 
all the money that can be ])ossibly appropriated from year to 
year, in my judgment the amendment proposed by the Senators 
from Oregon would be an extreme measure, and I think an un- 
wise one, even in their own interest. I say to both the Senators 
from Oregon that if they are to have this work of any use what- 
ever to their people, there must be expended two or three mil- 
lions more at The Dalles. I say that so strong an appeal coming 
to Congress at a time when the Treasury is practically in dis- 
tress will prejudice hereafter the minds of men who want to be 
liberal as to the propriety of entering into another contract. 

So I again appeal to those Senators, as there is nothing to be 
aocompil.^hed in the interest of commerce or of their people at 
this time, and v/hen there is no necessity for this large appro- 
priation at the moment, to let it go, and adopt the suggestion of 
the C<)mmittee on Ap))ropriations. 

Mr. MITCHELL. I fail to appi-eciate the point made by the 
Senator from Maryland. I am grateful, as I am sure my col- 
league is, for th ! sup)3ort we have always received from the 
Senator from Maryland with reference to these appropriations. 
But it seems to me" that the argument the Senator now makes— 
that this work can be of no great utility to the people of Oregon — 
is not applicable at this time. That is an argument that would 
have been proper at the time we commenced the construction of 
this work, it seems to me. Besides, the Senator is much mis- 
taken if he believes that the completion of this canal and locks 
will not of itself be an inestimable benefit to the people of Ore- 
gon, Washington, and Idaho. 

But Congress has already appropriated over $2,000,000, and 
the work is almost completed, so that we can see the end at last 



of this great enterprise; and when we are about to reap tha 
benefit of these appropriations that have been made from time 
to time in the last seventeen years, it seems to me it is unwise to 
make any reduction, and that the only wise thing to do is to 
make whatever ajipropriation may be necessary to enable the 
work to go on to a finish. 

The Senator from Maryland says that this sum is sufficient- 
That is simply the Senator's statement, and he doubtless be- 
lieves that it is sufficient. But, as aga,inst the statement of tha 
Senator from Maryland, I place the statement of the engineer 
in charge of the work, who says it is not sufficient; that it is not 
nearly sufficient. If the engineer in charge tells the truth, and 
is not mistaken, it is not nearly sufficient. Esjjecially is it not 
sufficient if this clause in the bill is to remain by which 2;j per 
cent of the appropriation iathis bill is to be retained and thrown 
over until the fiscal year ending .June 30, 1895. 

I hope, therefore, Mr. President, that my amendment will be 
adopted. It is a reduction of the amount proposed by the House, 
as I said before, of nearly $1'*0,000. 

Mr. GORDON. Mr. President, I desire to suggest, simply in 
the interestof the economy of time, to the chairman of the Appro- 
priations Committee that we might take a vote on the amend- 
m mt to the amendment as if it were the amendment of the com- 
mittee amended by the amendment suggested by the Senator 
from Oregon. A vote on the amendment to the amendment will 
test the sense of the Senate at any rate, so that the vote upon 
the amendment as amended, or not amended, as the case may be, 
will be a formal one. 

Mr. ALLISON. I will say to the Senator from Georgia that 
that is precisely what I want to d.i in having the yeas and nays 
on the amendment of the Senator from Oi'egon to the amend- 
ment of the committee. 

The VICE-PRESIDENT. The roll will be called on agreeing 
to the amendment to the amendment. 

The Seeretai-y proceeded to call the roll. 

Mr. BATE (when his name was called). I am paired witli the 
Senator from Washington [Mr. Allen]. I do not know how he 
would vote. I therefore withhold my vote. 

Mr. BERRY (when his name was called). I am paired with 
the Senator from Pennsylvania [Mr. Cameron], but I transfer 
the pair to my colleague [Mr. .Jones of Arkansas] and vote ■ ' nay . " 

Mr. DIXON (when his name was called). I have a general pair 
with the Senator from Mississippi [Mr. Walthall]. As he is 
absent, I withhold my vote. 1 desire to state that my colleague 
[Mr. Aldrich] is paired with the Senator from West Virginia 
[Mr. Faulkner]. 

Mr. GORDON (when his name was called). I am paired with 
the Senator from Wyoming [Mr. WarrExN). 

Mr. McMillan (when his name was called). lam paired 
with the Senator from North Carolina [Mr. Vance]. 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey]. In his absence I 
withhold my vote. 

The roll call was concluded. 

Mr. CULLOM. I am paired with the Senator from California 
[Mr. Stanford]. In his absence I withhold my vote. 

Mr. BATE. In announcing my pair I stated that I did not 
know how my pair would vote. I have since learned from his 
colleague that he would vote "yea." I should vote "nay" if he 
were present, and therefore shall not change my announcement. 

The result was announced — yeas 24, nays 20; as follows: 







YEAS-24. 




Biuler, 


Haiisbi-oiigh, 


Paddock, 


Sawyer, 


Ctaudler, 


Hiscoclt, 


PelTer, 


Shoup, 


CoUe, 


Hoar, 


Pettlgrew, 


Squire. 


Uaris, 


Kyle. 


Plait, 


Stockbridge 


Dolph, 


Manderson, 


, Pugh, 
Quay. 


Teller, 


Frye, 


Mitchell, 


Washburn. 






NAYS-20. 




Allison, 


Cockrell, 


Hawley, 


Stewart, 


Herry, 


Bawes, 


Huntou, 


Turpie. 


Blackburn, 


Gorman, 


Morrill, 


Vest, 


Cattery, 


Hale, 


Proctor, 


Vilas, 


Call, 


Harris, 


Sherman, 


Voorliees. 




NOT VOTING— 13. 




Aldricli, 


Daniel, 


Hill, 


Power, 


Alien, 


Dixou, 


Irby, 


Ransom, 


Bale, 


Dubois, 


Jones, Ark. 


Sanders, 


Blodgett, 


Faulkner, 


Jones, Nev. 


Stanford, 


Brice, 


Felton, 


McMillan. 


Vance, 


Camden, 


Galiiuger, 


McPherson. 


Walthall, 


Cameron, 


George, 


Mills, 


Warren, 


Caruy, 


Gibson, 


Morgan, 


White, 


Casey, 


Gordon, 


Palmer, 


Wilson. 


Colquitt, 


Gray. 


Pasco, 


Wolcott. 


Cullom, 


Higgins. 


Perkins, 





So the amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The next amendment of the Committee on Appropriations was, 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1721 



which was refcried to the Committee on the District of Co- 
lumbia. 

Ml'. HISCOCK presented a petition of the H. B. Claflin Com- 
pany and sundry merchants and manufacturers of New York, 
praying for the repeal of the so-called Sherman silver law; which 
was ordered to lie on the table. 

Mr. STEWART presented a petition of the Legislature of 
Nevada, praying for the construction of the Nicaragua Canal; 
which was ordered to lie on the table. 

REPORTS OP COMMITTEES. 

Mr. PADDOCK. I am directed by the Committee on Agri- 
culture and Forestry to rejiort an amendment intended to be pro- 
posed to the deficiency appropriation bill, the amendment pro- 
posing to appropriata $40,000 for investigations and tests of 
American timber. 

In support of the amendment I present a large number of peti- 
tions from railroad companies, experts, workers in wood, etc., 
praying that the appropi'iation be made. 

I move that the amendment bo referred, with the accompany- 
ing papers, to the Committee on Appropriations, and that the 
amendment be printed. 

The motion v.as agreed to. 

Mr. VOORHEES, from the Committee on the Library, to whom 
was referred the .ioint resolution (S. R. 14()) for the restora- 
tion of the books of the Beaufort Library Society, of Beaufort, 
S. C, reported it without amendment, and submitted a report 
thereon. 

ARREARAGES OP DISTRICT TAXES. 

Mr. HUNTON. I am directed by the Committee on the Dis- 
trict of Columbia, to whom was referred the bill {H. R. 1018!)) 
to amend the act of May 0, IS'JU, fixing the rate of interest to be 
charged on arrearages of general and special taxes now duo the 
District of Columbia, and for other purposes, to report it with- 
out amendment. I beg to state that the first section of the House 
bill is identical with a bill the Senate has passed and is now on 
the Calendar of the other House, but the Houso passed this bill 
with a second section, which I will read: 

That all drawback certificates oiitstantling. issued by tlie Commissioners 
of the District of Columbia under the act of June 2. 1890. shall be receivable 
for all arrears of general taxes due and unpaid to June 30, 1S92. 

The committee instructs me to report the bill back favorably 
and to ask for its immediate consideration. 

The VICE-PRESIDENT. Is there objection to the present 
consideration of the bill reported by the Senator from Virginia. 

Mr SHERMAN. What is the object of it? Let it be read 
first so that we may see what it is. 

The VICE-PRESIDENT. The billwill be read for information. 

The Chief Clerk read the bill. 

Mr. HUNTON. I beg leave to say to the Senator from Ohio, 
if he still has any trouble in regard to the second section, that 
the Senate passed a bill granting to persons who own lands that 
were formerly owned by minors the jirivilege of paying the ar- 
rearages with remission of penalties and interest at 6 per cent. 

Mr. SHERMAN. I remember that such a bill as that was 
passed by the Senate. This is a Houso bill? 

Mr. HUNTON. This is a House bill, but it embodies in the 
first section the bill passed by the Senate without objection. 

Mr. SHERMAN. But as to the last section, I do not under- 
Btand the nature of the certificate referred to. Let the last 
section of the bill be read again. 

The VICE-PRESIDENT. The last section will be again read. 

The Clerk read as follows: 

Sec. 3. That all drawback certificates outstanding, issued by the Commis- 
sioners of the District of Columbia under the act of June 2. 1890, shall bo re- 
ceivable for all arrears of general taxes due and unpaid to June 30, 1892. 

Mr. SHERMAN. What are those drawback certificates. I 
never hesrd of them before. 

Mr. HUNTON. The drawback certificates are certificates of 
indebtedness of the District of Columbia growing out of the fact 
that there were erroneous assessments. These drawback certifi- 
cates are by the second section authorized to bo received only 
in pavment of arrearages of taxes, not upon ordinary taxes. 

Mr'. SHERMAN. Were they authorized by law? 

Mr. HUNTON. They wore authorized by law. 

Mr. HARRIS. We can not hear either the Senator from 
Ohio or the Senator from Virginia on this side. 

Mr. SHERMAN. I remember the other day a bill was passed 
that gave to delinquent taxpayers a very great advantage over 
all the other la.s payers in the District of Columbia, and remitted 
all back penalties ai'id things of that kind. That is a kind of legis- 
lation which is not generally very fair or equitably. This ad- 
ditional clause about drawbacks I can not understand, because I 
do not know of any law authorizing the Commissioners of the 
District of Columbia to issue drawbacks in the shape of promis- 
sory notes or something that may be used to pay taxes. I never 
heard of that having been done. 



Mr. Mcpherson. We do not hear the Senator from Ohio, 
and ho is speaking on a very importantsubject. Wo would like 
to hear him on this side of "the Chamber. 

Mr. SHERMAN. I thought I cjuld speak loud en •• • ■ '- 

heard. The first part of this bill is sinii'ar in its terr ! 

which passed the Senate the other day. When it w.i ; I 

doubted very much the expediency of giving an advuuiuj^u to 
nonpayers of taxes when they accrued und r.^mittitiL' nl! i»'nBl- 
ties, nowafter a long lapse of time, atitli , -^ 

without any penalty. That was not ,. 

were some good reasons probably for u. ..„,... . .x,,. ,.v,..,,, ,,, ,.ii,.r 
of heirs-at-law and those who were contesting about the title of 
land. 

But here is a provision to allow drawhiioks which i 

i.>-sued by the District Commissionorn. to be used in t: 
of all taxes. "All I want to know is what thoso dra\' 
whether any authority of law waa given to iho Com 
to issue drawbacks, and what form lh>\ ■■•■ ■ ■•■ !• ,, 

this is a new kind of legisUitiim, and 1 - 

thing about thes/ drawbacks Ix'forc li • .11 

seems to bo a lo<;ttl matt<.'r ajjpertaining to iho Uistrioi of Co- 
liimbia, but the bill contains some very pjouliar feat'ir>'». 

Mr. n.VRRIS. I will state to the S.nator • that 

many years ago in adjusting certain s|.erial t: had 

been imposed, it was found that in many instaini-r- 1 1 
cessive, and Congress puj-sed acts aiilhori/ing a n- 
and the issuance of what are called drawback certilii;i . .: ..j 
aliabilityof the Districtof Columbia to th-extontof the amount 
of the drawback certllicates based upon readjustment. 

While I am up I want to say another word. I think tliis isnn 
eminently proper bill and ought to pass, ))iitforonorL'a-oii. Tho 
Senate passed a bill upon the same subject some tin. .1 

sent it to the IIouso of Uoprosontatives. While 1 
upon tho table of the House, the House in.slcad of tuU..... ... ;...> 

Senate bill took up their own bill upon the subiect-mun.r and 
sent it to us. If it wore only one instance 1 might pr... that 
it was a mere oversight, but it has b.cotuo to a very hi 
a practice to leave tho Senate bill lying uixm tho tab -. 

a bill originating in tho Houso upon the name subject, unj not 
infrequently in precisely the same language, and s.-nd it to us 
for our action upon their bill. 

I have no right from my place to criticise tho action of tho 
cojrdiuato branch, but so far as I am concerned, whore wo have 
passed a bill, which is in tho possession of the other llouto wh^^n 
they consider the subject-matter, if they fail to take up th- Sen- 
ate bill and consider that and send us a bill of their own. from 
this time henceforward I shall oppose action upon such a bill. 
The Senate, so far as I have known, has never been guilty of i-on- 
duct such as that towards the coordinate binnch. linuilalily 
where the Houso send us a bill upon a .-uli^ect-matlor on u 1, . li a 
Senate committee has reported a bill and it is upon oil; 
our practice has been to report the Houso bill and r 
postpone our own bill, and to consider the Houso bi.l ii. •< ail 
of our own. I think that tho proper method of conducting !• g- 
islation, and I hope the Senate will adhere to it. 

Meritorious as this bill is. bi;-lieving as I do that we ought to 
have legislation upon tho subject, and just such lp._'i-i:iii,..i mm 
the Ilouj^e bill jirovidos, I voted in conimitteo tin 
against reporting the House bill because wo had ).. :1 

upon the subject and sent it to the other House. 

That is all I desire to say, sir. 

Mr. SHERMAN. If the Committee on tho Di ■ i- 

bia approve this bill I do not make any further !■ ' ' . 

Tho VICE-PRESIDENT. Is thereobjcctionto;,.- , - ,,:.x.:.- 
sideration of the bill? 

Mr. HALE. What is the bill? I have just come in from tho 
Committee on Appropriations. 

The VICE-PRESIDENT. Tho title of the bill will be stated. 

Mr. McPHlOUSON. The bill hos just been reported, I under- 
stand. 

The VICE-PRESIDENT. It was reported this morning. 

Mr. McPHER.SON. Without any request to have it tiken up 
for immediate consideration? 

Tho VICE-PR I':SIDENT. The Senator from Virginia [Mr. 
Hl^MTON] asked for tho present consideration of tho bill. 

Mr. HALE. What is the title of tho bill? 

Tho VICE-PRESIDENT, Tho title of the bill will be sUtcd. 

Tho Chief Clerk. A bill (II ': ' ■ • nf 

May 6. ISiiO, fixing the rate of int 

ages of general and special taxc-i I. ■'■ ■• •■ 

bia, and for other purposes. 

Mr. Mcpherson. Would it not he well to lot tho bill lie 
over until to-morrow, so that it maylx) examined? 

The VICE-PRESIDENT. Objection King made, the bill will 
go over. . . . 

Mr. HUNTON subsequently said: Tho Senator from New 



1722 



CONGEESSIONAL RECORD— SENATE. 



Febeuaky 17, 



Joi-sey [Mv. INIcPheRSON] withdraws his objection to the jii-esent 
consiclevation of tho bill reported by mo from the Committee on 
the District of Columbia. 

Tho VICE-PRESIDENT. The Chair understands the Sena- 
tor from New Jersey has withdrawn his objection to the consid- 
eral ion of the bill reported by the Senator from Viroiuia. 

Mr. HUNTON. As tho Senator from New Jersey withdi-aws 
his objection, I ask that the bill be put on its passage. 

Mr. ALLISON. If-thc bill does not lead to debate I shall not 
objei^t. 

Mr. HARRIS. It will not lead to a minute's debate, I bag to 
as.suro the Senator from Iowa. 

Mr. ALLISON. Very well, then I shall not object. Other- 
wise I shall be constrained to do so. 

By imanimous consent, the Senate, as in Committee of tho 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

PORT OF COUNCHi BLUFFS, IOWA. 

Mr. ALLISON. Is the morning business concluded':' 

The VICE-PRESIDENT. It is not concluded. Are there 
further reports of committees':' -»^~ -x 

Mr. FRYE. I am directed by tho Committee on Co.aBBiii*fr 
to whom was referred the bill (H. R. 10391) to amend an act enti- 
tled "An act to provide for the establishment of a port of de- 
livery at Council Bluffs, Iowa,'' to report itwithout amendment. 
It will take one second to pass tho bill. The Senator from Iowa 
desires that'it shall be passed. 

The VICE-PRESIDENT. The bill will be read for informa- 
tion, if there bo no objection. 

After reading, tho Senate, by unanimous consent, pi'oceeded 
to consider the bUl as in Committee of the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passi 
ASSIGNMENTS BY DEBTORS. 

The VICE-PRESIDENT, The Chair lays before the Senate a 
bill from the House of Representatives. 

The bill (H. R. 10236) relative to voluntary assignments by 
debtors for the benefit of creditors, in the District of Columbia, 
and to amend section 782 of the Revised Statutes of the United 
States, relating to the District of Columbia, was read the first 
time by its title. 

Mr. VES'T. I ask the Senate to consider that bill. The same 
bill identically, word for word, has been reported to the Sen- 
ate favorably and unanimously by the Judiciary Committee, 
and the bar of the District of Columbia are asking daily for its 
passage. It is a matter of considerable importance, and unless 
passed now it will not be enacted into a law at the jjresent 
session. The same bill identically is now upon the Calendar of 
the Senate. 

By unanimous consent, the bill was read the second time at 
length, and considered as in Committee of the Whole. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

Mr. VEST. I move that Senate bill 3768, relative to voluntary 
assisnments by debtors for the benefit of creditors in the Dis- 
trict of Columbia, and to amend section 782 of the Revised Stat- 
utes of the United States relating to the District of Columbia, be 
indefinitely postponed. 

The motion was agreed to, 

EXHIBIT AT WORLD'S FAIR, 

Mr. PETTIGREW. I am instructed by the Select Committee 
on the Quadro-Centennial, to whom was referred the joint reso- 
lution (S. R. 148) authorizing- the Secretary of the Smithsonian 
Institution to send articles illustrative of the life and development 
of tlie industries of women to the World's Columbian Exposi- 
tion, to rei;ort it without amendment, and I ask for its present 
consideration. There are only sis lines of tho joint resolution. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the joint resolution. 

The joint resolution was reported to tho Senate without amend- 
ment, ordered to be engrossed for a thii'd reading, read the third 
time, and passed. 

BILLS INTEObuCED. 

INlr. MCPHERSON (by request) introduced a bill (S. 3875) to 
extend the patent granted to William Farr Goodwin for an im- 
provement in railway tracks and trucks; which was read twice 
by its title, and referred to the Committee on Patents. 

' Mr. VEST introduced a bill (S. 3876) authorizing the St. Louis 
and Madison Transfer Company to construct a bridge over the 
Mississippi River; which was read twice by its title, and referred 
to the Committee on Commerce. 

Mr. PALMER introduced a bill (S. 3877) authorizing the con- 
struction of a bridg'e over the Mississippi River to the city of 



St. Louis, in the State of Missouri, from some suitable point be- 
tween the north line of St, Clair County, State of Illinois, and 
the southwest line of said county, which was read twice by its 
title, and referred to the Committee on Commerce, 

Mr, CHANDLER (by request) introduced a joint resolution 
(S. R. 156) for the appointment of an immigration commission; 
which was read twice bj- its title, and referred to the Committee 
on ImmigTation. 

AMENDMENTS TO BILLS. 

Mr. BLACKBURN submitted aa amendment intended to be 
proposed by him to the bill (S. 2626) to authorize the New York 
and New Jersey Bridge Companies to construct and maintain a 
bridge across the Hudson River between New York City and the 
State of New Jersey; which was referred to the Committee on 
Commerce, and ordered to b.3 printed. 

Mr. PADDOCK submitted an amendment intended to be pro- 
posed by him" to the deficiency appropriation bill: which was re- 
ferred to the Committee on Indian Affairs, and ordered to be 
printed. 

He also, submitted an amendment intended to be proposed by 
him to the deficiency appropriation bill; which was referred to 
the Committee on Military Affairs, and ordered to be printed. 

"■ ^ WRECKING PRIVILEGES ON THE GREAT LAKES. 

Mr. McMillan submitted the following resolution; which 
was referred to the Committee on Foreign Relations: 

Kesoli-ed, That the Secretary of State be requested, If notlnconsistent with 
the public interests, to inform the Senate in regartl to the present status of 
the arrangements to provide for reciprocal wrecking privileges, to bo en- 
joyed by the citizens of the United States and of the Dominion of Canada, on 
the Great Lalies and their connecting waters, tmder the laws already enacted 
by the respective governments. 

REPORT ON ROCK CREEK SEWER. 

Mr, McMillan submitted the following resolution; which 
yjayp fpved to the Committee on Printing: 

Itesolved, That of the report of theEngineer Commissioner of the District of 
Columbia submitting estimates of the cost of converting Rock Creek into a 
closed sewer, being Senate Miscellaneous Document No. 21, Fifty-second 
Congress, second session. 60O additional copies be printed, 250 of which shall 
be for the use of the Senate and 250 for the use of the Commissioners of the 
District of Columbia. 

COMMITTEE SERVICE, 

On motion of Mr, GORMAN, the Vice-President appointed 
Mr, White a member of the Select Committee on Indian Depre- 
dations in place of Mr. Carlisle, resigned. 

SUNDRY CIVIL APPROPRIATION BILL. 

The VICE-PRESIDENT. Is there further morning business'? 
If not, that order is closed and the Calendar under Rule VIII is 
in order. 

Mr. ALLISON. I move that the Senate proceed to the con- 
sideration of the sundry civil appropriation bill. 

The motion was agreed to; and the Senate, as in Committee of 
the Whole, resumed the consideration of the bill (H. R. 10238) 
making appropriations for sundry civil expenses of the Govern- 
ment for the fiscal year ending June 30, 1891, and for other pur- 
poses. 

The \T:CE-PRESIDENT. The pending question is on the 
amendment of the Committee on Appropriations, on page 99, 
which will be stated. 

The Chief Clerk. On page 99, lines 14 and 15, the committoe 
report to strike out tho words: 
Or the laws relating to the election of members of Congress. 

The VICE-PRESIDENT. The yeas and nays have been or- 
dered upon agreeing to the amendment. Under the agreement 
of the Senate no further debate is in order. The roll will bo 
called. 

The Secretary proceeded to call the roU. 

Mr. CHANDLER (when his name was called). On this ques- 
tion I am paired with the junior Senator from New Jersey [Mr. 
BlodgettJ. If he were present I should vots ''yea." 

Mr. MILLS (when his name was called). I am paired with the 
Senator from New Hampshire [Mr. Gallinger]. If he wero 
present I should vote "nay.'' 

Mr. PASCO (whenhisname was called). I am paired with the 
Senator fron North Dakota [Mr. Casey]. If he were present I 
should vote " nay." 

Mr. PROCTOR (when his name was called). On this question 
I am paired with tlie Senator from New Yoi-k fMr. Hill]. If 
he were here he would vote "nay" and I should vote "yea." 

I\Ir. TELLER {when his name was called). I am paired with 
the Senator from Arkansas [Mr. Berry]. If he were present 
he would vote "nay " and I should vote "yea." 

The roll call was concluded. 

Mr. SHOUP. My colleague [IVh-. Dubois] is absent on account 
of siokiipss 

Mr. DIXON. I have a general pair with the Senator from 



1893. 



CONGRESSIONAL RECORD— SENATE. 



I7>:i 



Mississippi [Mr. Walthall]. My colleague [Mr. ALDEicnjis 
paired with ttie Senator from West Virg-inia [ilr. Faulkner]. 

Mr. BUTLER. I am paired with the Senator from Pennsyl- 
vania [Mr. Cameron]. If ho were present ho would vote ''yea " 
and I should vote '■ nay." 

Mr. HUNTON. My colleague [Mr. Daniel] is paired with 
the Senator from Oregon [Mr. Mitchell]. 

Mr. BATE. I am paired with the Senator from Washington 
[Mr. Allen]. Idonotknowhowhe would vote on this question. 
Weie he present I should votj " nay.'' 

Mr. PUGH. I wish to announce the pair of the Senator from 
Georg-ia [Mr. Colquitt] with the S enator from Iowa [Mr. WtL- 
SON]. If the Senator from Georgia were present he would vote 
"nay."' 

iNlr. GEORGE. My colleague [Mr. Walthall] is absent by 
reason of indisposition. He has a general pair with the Senator 
from Rhode Island [Mr. Dixon]. If my colleague were present 
he would vote " nay." 

Mr. MITCHELL. I am paired with the senior Senator from 
Virginia [Mr. Daniel]. If ho were here I should vote " yea." 
He would vote " nay " if he wero present. 

The result was announced — y^as 27, nays 24; as follows: 

YEAS— 27. 
Allisou, 
Cullom, 
Davis. 
Dolph. 
Felton, 
Frye. 
Hale. 



Blaclcbiu'n, 

Brice, 

Cattery, 

Call, 

Camilen, 

Coke. 



Aldricli. 
Alleu. 
Bate. 
Berry, 
BloJKett, 
Butler, 
Caiuerou, 
Carey. 
Casey, 
So the amendment was agreed to. 

MESSAGE FROM THE HOUSE. 

A message from the Hou5e of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had passed 
the bill (H. R. 10345) making appropriations for tho payment of 
invalid and other pensions of the United States for tho liscal 
year ending June 30, 1894, and for other purposes. 
enrolled bills signed. 

The message also announced that the Speaker of the House 
had signed the following enrolled bills; and they were there- 
upon signed by the Vice-President: 

A bill (H. R. 10236) relative to voluntary assignments by debt- 
ors for the benefit of creditors, in the District of Columbia, and 
to amend section 782 of the Revised Statutes of the Unit.^d States 
relating to the District of Columbia; 

A bill (H. R. 104S9) to amend the act of May 6,1890, fi.xing the 
rate of interest to be charsred on arrearages of general and special 
taxes now due the District of Columbia, and for other purposes; 
and 

A bill (H. R. 10391) to amend an act entitled "An act to pro- 
vide for tho establishment of a portof delivery at Council Bluffs, 
Iowa." 

executive session. 

Mr. SHERMAN. With tho consent of tho Senator having 
charge of the appropriation bill, I move that the Senate proceed 
to the consideration of e.xccutivo businessfor a very biief period. 

The motion was agreed to; and tho Senate proceeded to the 
consideration of executive business. After fifteen minutessponl 
in executive session the doors were reopened. 
house bill referred. 

The bill (H.R. 1034.')) making appropriations for the payment 
of invalid and other pensions of t!io United States for tho liscal 
yeai- ending June 30, 1894, and for other purposes, was read twice 
by its title, and referred to the Committee on Appropriations. 

SL^NDRY CIVIL APrROl'KIATION BILL. 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (H.R. 10238) making appropriations for 
simdry civil expenses of tho Government for the fiscal year end- 
ing June 30, 1894, and for other piu-poscs. 

Mr. ALLISON. On behalf of the Committee on Appropria- 





Hansbrough, 


Morrill. 


Sawyer. 




Hawley, 


Paddock, 


Sherman. 




Higgina, 


Perkins. 


Shoup, 


■ 


Hiscock, 


Pettl;rew, 


Stewart. 


X 


Hoar. 


Piatt, 


Stoekbridgc. 


IX> 


McMillan, 


Power, 


Washburn. 




Manderson, 


Quay, 






NAYS— 21. 




<X) 


George, 


Jones, Ark. 


Ran^cjm. 


OJ 


Gibson, 


Kyle, 


Turple, 


CO 


Gorman, 


McPherson, 


Vance, 




Gray, 


Palmer, 


Vest. 


•*—' 


Harris, 


PetCer, 


Vlla-s. 


o 

03 


Hunton. 


Pugh, 


White. 


'o^ 


NOT VOTING— 36. 




=3 


Chandler, 


Gordon, 


Sanders, 


CO 


Corkrell, 


Hill, 


Squire, 


O 


Colquitt, 


n-by. 


Stanford, 


Daniel, 


Jones, Ne%'. 


TeUer, 


Dawes, 


Mills, 


Voorhees, 


J_ 


Dixon, 


Mitchell. 


Walthall, 




Dubois, 


Morgan, 


Warren, 




Faulkner, 


Pasco, 


Wilson, 




Gallinger, 


Proctor. 


Wolcott. 



tions, I offer an amendment, to eomoin after line 17, on naso 4 
which I send to tho desk. ' 

The VICE-PRESIDENT. Tho amendment wUl be stated. 

The SECiui:TAKv. On page 4, after lino 17, it is proposed to 

sort: 



> - .,-, — ~. — — »>ng proper buoraire on the 

.'r.i'lf.'",','^.""'' °' Chicago, Lake Michigan, HUnoU,M5«rtobeln3iedUWv 



insert 

Chicago Fair Buoyage, llllnoU: For e.^tablishlns 

ralerfror^ ' - . -- 

available. 
The amendment was agreed to. 

Mr. ALLISON. On page 2H, line l.">, before the word "trans- 
portation." I move to insert " purchase and." 
The VICE-PRESIDENT. The amendment will bo stated 
The Secret .\RV. On page 2ii. lin<> 1'.. !i*"fore the word '• trans- 
portation, "itisproposed to in 

Xalioual Zobloirical Pari: : For 
bridges, water ^*i'.'.e ^.■.--■, . 
and otherwise 
and inclosures : 

ence, andpurch.i.> ,.-, ,,., ,,. ,iu^!-.tt:ii-i,-- 

pensatiou of all ueiesaury employes, and general Inemen'iai expen 
otherwise provided for. ISO.OOO. 

The amendment was agreed to. 

Mr. ALLISON. On pages 102 and 103 there are four amend- 
ments relating to matters which it will be seen afTect tho Sen- 
ate. I ask that the words "to bo immediately available" U. in- 
sert jd after I'ach of these paragraphs. 

The VICE-PRESIDENT. The proposed amondmonU wiU be 
stated. 

The Chief Clerk. On page 102, line 18, after the wor.l 
"dollars," toinsert" to be immediately available;" so as to make 
the clause read: 

Senate: To en;ibIo tho Secretary of tho Senate lo pay to Aoule B. Krnna 
widow of tho Hon. John E. Kenna. deceased, late a Senator from the Staio 
of We.<t Virginia, JS,000. lo Iw Immediately avaUablc. 

The amendment was agreed to. 

The Chief Clerk. On page 102, line 21. after tho word "dol- 
lars," it is proposed to insert " to bo immediately available; " do 
as to make tho clause read: 

To enable the Secretary of tho Senate to pay the hetri at law of tlia lion 
Randall L. Gibson, deceased, late a Senator from the .'^tate of Loulalana 
$3,000, to be Immediately iivallaule. 

The amendment was agreed to. 

The Chief Clerk. On page 103, lino 0, after the words 
"United States," it is proposed to insert "to bo iinmodiatcly 
available; " so as to make the cla'^^^ ■:■.'■ 

Index of private claims: To enable th 
IJersons who performe 1 the work of : 
private claims inlrodueed In the ^ 
eighth. Fortv-nlnth. Fiftieth, an 
Union of September 30. IstK). *lii' 

tloual pay or compensation to any ■■iiievr cr eniiilov.'- ,_if ilj,- L'lilted btaic- 
to be immediately available. 

The amendment was agreed to. 

The Chief Clerk. On page 103, after the word "do . 
in line 9, it is proposed to insert "to be immediately avaiKi' 
so as to make the clause read: 

Index to Congressional tdoeumenis: To pay for the work dSDO In prepar- 
ing and complei Ing the document index of the ritty-flrst CongTfliw, by AIodm> 
W. Church, Jl.OtiO. to be Immediately available. 

The amendment was agreed to. 

Mr. HOAR. I ask that tho same amendments may be made 
to the items on pages lol and 102. 

Mr. ALLISON. That is right. 

Tho VICE-PRESIDENT. Tho amendment will bo stated. 

The Chief Clerk. On page 101. after the word "died," at 
the end of line 21, it is proi)osed t<i insert " to l>c Immediately 
available: " so as to make tlie .'ill-. • t.i.i 

To en;ible tho Secretary of t h' 
Chief Justice Morrison R. Walte ; 

balance of his salary for tho year in wni' n lu- ui" i, t.i i,c iiiime,ilai<'ly jv,%i: 
abl'-. 

The amendment was agreed to. 

Mr. PEE'FEU. " I desire to inquire whether tho u 
beginning on page 102, at lino 15, and continuing to 
page 103, have been adoptedV 

Tho VICE-PRESIDENT. Those amendmenU hare been 
agreed to in Committee of the Whole. 

Mr. HOAR. There is one more amendment ol tho same char- 
acter as those which have just been made, which has nut )>ocn 
acted upon. 

The Chief Clerk. On page 102, after the word "died," at 
the end of lino 2, it is proposed to insort"to bo immediately 
available:" so as to make th" clniHo ren/l: 

To enable the .Secr<-e 
Samuel F. Miller, a ji: 
sum of $7,119, being a ; 
which he died, to bo im.mel.:ite:y :vvaU.ii'l- 

The amendment was agreed to. 

Mr. QUAY. I desire to call the atl<'ntii>n ci the eua.r: 
the Committee on Appropriations to the amendment I am : 



1724 



CONGRESSIONAL RECORD— SENATE. 



rEBEUAKY 17, 



to offer to the clause relating to the Botanic Garden, on page 
103. I will send the amendment to the desk. It is to perfectan 
amendment already made on the motion of the chairman of the 
committoa. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. ')u pag'e 10;!, line 24, after the word "con- 
servatory,'' it is proposed to insert ''gatj and walk on Penn- 
sylvania avenue front, o-,-anolithic walk on First street from 
Pennsylvania avenue to Maryland avenue, and for electric light 
for police purposes;" so as to read: 

Botanic Garden: For repairs to bnildm;;s atBotanlcGarden, includingnew 
boiler lor m'aiu conservatory, gate and walk on Pennsylva,nla avenue front, 
granolithic walk on Fir.st street from Pennsylvania avenue to Maryland 
avenue, and for electric light for ])olico purposes, under the direction of the 
Joint Committee on the Library. $G,900. 

The amendment was agreed to. 

Mr. SHERMAN. I desire to offer an amendment to the bill, 
to come in at the bottom of page 41 , which is to insert a new item 
of appropriation. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. On page 41, after line 24, it is proposed to 
insert: 

To enable the Secretary of the Treasury to provide foi and to maintain 
the redemption of the United States notes according to the provisions of the 
act approved January 14, 1875, entitled '-An act to i^ro vide for the resumption 
of specie payments, $50,000: and at the discretion of the Secretary, he is au- 
thorized to issue, sell, and dispose of. at not less than par in coin, either of 
the description of bomls authorized in said act, or bonds of the United 
States bearing not to exceed 3 per cent interest, jjayable semiannually and 
redeemable at the pleasure of the United States after five years from their 
date with likeciualities, privileges, and exemptions provided in said act for 
the bonds therein authorized, to the extent necessary to carry said resump- 
tion act into full effect, and to use the proceeds thereof for the purposes 
provided in said act and none other, 

Mr. STEWART. I raise the point of order against that amend- 
ment. It is general legislation on an appropriation bill, and 
against Rule XVI, the third subdivision of which I should like 
to have read. 

Mr. SHERMAN. Mr. President, I have carefully e.xamined 
the rule. I am quite well satisfied that the point of order is not 
well taken or I should not have offered the amendment. 

The amendment was acted upon by the Committee on Finance, 
was reported to the Senate, and referred to the Committee on 
Appropriations. It contains a new item of appropriation to 
carry into effect the existing law. It is not general legislation 
in any sense of the word. 

The only legislation contained in this provision is to add an- 
other form of bonds to the forms of bonds now authorized by law. 
It is special legislation, relating toa particular matter, and such 
legislation is contained in almost evei-y appropriation in the bill. 
It contains a more reference to a special subject-matter, and is not 
general legislation in itself. 

The rule was very properly established that general legisla- 
tion, that is, new legislation in regard to matters which are not 
on the statute books, should not be introduced on appropriation 
bills. This amendment simply provides the sum of $.50,000 to be 
expended in preparing; a particular kind of bond, instead of some 
other kind of bond ahvady provided for by law; and in no respect 
can it be considered as general legislation ou an appropriation 
bill. It only relates to the particular matter referred to. That 
is all there is in the ease. 

My friend from Nevada [Mr. STEWART] may think that this 
proposes legislation in some way or the other affecting the sil- 
ver question. How it does I can not imagine, for the only ob- 
ject of offering the amendment is to enable the Secretary of the 
Treasury, in case an emergency should arise under the law which 
already exists in regard to a fund of $100,000,000 provided for 
in two or three laws, to issue a ,3 per cent bond, redeemable at 
the pleasure of the United States after five years, instead of a 4 
per cent bond running for thirty years, or a 4i per cent bond 
running- for fifteen years, or a o per cent bond running for ten 
years. 

I have said about all I desire to say now, either on the merits 
of the proposition, because they are very plain and simple, or on 
the question of order. 

To say that this is general legislation is a departure from the 
moaning of the words "general legislation;" because if this is 
general legislation, then no legislation can be inserted by the 
Committee on Appropriations in respect to any item contained 
in an appropriation bill which changes in the least existing law. 

Special legislation relates to a matter which is distinctly pointed 
out either in the amendment or in the law itself: and this is 
special legislation jn-oviding for an emergency which could not 
have been foreseen ten or fifteen years ago when the refunding 
act was passed. When the refunding act was passed, which pre- 
scribed the kind of bonds that might be issued, no one dreamed 
that it was possible for the United States to borrow money at a 
less i-ate than 4 per cent. 

Now, it can be done, as I believe, at 3 yer cent, and I am de- 
sirous of giving to the new Administration coming into power 



all the facilities which can possibly bo given them to enable 
them to sustain the public credit, and instead of selling 4 per 
cent bonds to sell 3 per cent bonds. 

Mr. GORMAN. I should like to ask the Senator from Ohio a 
question, as the point of order has been raised. Do I understand 
that the present law authorizes the Secretary of the Treasury to 
issue coin bonds at 4 and 4J- per cenf:* 

Mr. SHERMAN. Certainly. 

Mr. GORMAN. And that this proposition limits the author- 
ity of the Secretary of the Treasury to a 3 per cent bond? 

Mr. SHERMAN. It simply adds to his authority by allowing- 
him to issue a 3 per cent bond, instead of either of' the other 
forms of bonds. It is not my intention to repeal the old law at 
all. I simply intend to give the Secretary of the Treasury the " 
discretion, and I feel bound to say that I have already seen', and 
indeed the committee have seen, the honorable gentleman who 
is .soon to become Secretary of the Treasury, 

While he hopes and expects that no contingency will arise in 
which he will be called upon to sell bonds to maintain the reserve 
now required by law, he thinks the very fact of having the power 
to sell a 3 per cent five-year bond would probably enable him to 
avoid the necessity of selling tijess bonds. Under existing law 
he could not, in oi-der to maintain the reserve, sell any other 
kind of bonds e.xcept those I have named, the 4 per cent bonds, 
the 4i per cent bonds, and the 5 per cent bonds. But no Secre- 
tary of the Treasury ought to be required to issue that kind of j 
bond when the credit of the Government of the United States ' 
would enable him to sell a 3 per cent bond. 

Mr. GORMAN. I should like to ask the Senator from Ohio a 
further question. If the emergency to vrhich he refers should 
arise, under this proposition of his, should it be enacted into a 
law, I ask whether it is not the fact that authority exists now 
with the Secretary of the Treasury to issue a 4 or a 41 per cent 
bond? 

Mr. SHERMAN. Undoubtedly. 

Mr. GORMAN. So that the adoption of this proposition would 
be simply to save the intex-est between a 3 per cent bond and a 4 
or a 4i pev cent bond. 

Mr. SHERMAN. The Senator has stated it correctly. 

Mr. STEWART. Mr. President. 

Mr. COCKRELL. I hope the Senator from Nevada will let 
me ask a question. I want to respond to what the Senator from 
Maryland has said. 

Mr. STEWART. I want to respond, too. 

Mr. COCKRELL. I want to ask the Senator from Ohio if 
the 4 per cent bonds are not now commanding such a premium 
in the market that the rate of interest is less than 3 per cent. 

Mr. SHERMAN. I can not now answer precisely. 

Mr. COCKUELL. Does not the Senator know that the rate 
of premium now paid upon the 4 per cent bonds makes the in- 
vestment yield less than 3 per cent? 

Mr. SHERMAN. Well, Mr. President, it may be so as to the 
outstanding bonds, but I do not know what the effect would bo ' 
u))on the market when wo come to issue new bonds. 

Let me answer the Senator in this way: Is the Senator from 
Missouri desirous that wo should issue now a thirty-year bond 
payable at 4 per cent even at any discount? My ideals— and I 
think it is the ideaof the Senator, because I believe he and I con- 
cur in this— that no bond of the Government of the United States 
ought to be issued to run for any considerable period of time. 

I should be perfectly willing, instead of five years to make the 
period three years, or to make the bonds redeemable at the pleas- 
ure of the Government of the United States. There is this ob- 
jection. We can not issue bonds now and maintain the reserve 
e.Kcept by issuing a bond running thirty years, fifteen years, or 
tenyears, bearing 4, 4*, or 3 percent interest. Therefore, what- 
ever may be the rate at which we can sell, it would be far better 
to sell abend rimning a short period, which may be paid off at 
any time, and thus stop the payment of all interest. 

Mr. COCKRELL. The only point I was making was that there 
was no economy so far as the amount of money realized from a 3 
per cent bond over the e.xisting bonds is concerned. On the 
contrary, the 4 per cent bonds would bring more in the money 
market and the investment would be at a less rate of interest 
than ,■) per cent. I have in mj' hand from the Treasury Depart- 
ment the rates of interest yielded upon these bonds month by 
month. 

Mr. SHERMAN. I will answer in another way, conclusively. 
As a matter of course, if the Secretary of the Treasury finds 
the market so good that he can sell a bond at the lowest p ssible 
rata of interest, he is not precluded by the amendment which I 
have offered from issuing a bond that would bear 2 par cent or 
2i per cent interest or selling it at any rate of interest that he 
possibly can so as to get the largest sum of money at the least 
burden. 

That is the object. It is an object wiiich if I were on the other 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1735 



fide of the Chamber I should, as a matter of course, like to have 
adopted, so as to give this power to the Seci-etary of the Treasury, 
v.hicli he must have, a power which the law now g-ivos him, but 
it is a power which he would not like to exercise under the cir- 
cumstances, which I should not like to exercise under the circum- 
stances. It will depend upon the feeling amongst bankers and 
brokers as to what shall ba paid for these bonds, and the Secre- 
tary of the Treasury should have the fullest and amplest authority 
to sell the bonds at the lowest rate of int.'rost possible. 

If ho can lind pei-tons willing to take the bonds at a low rate 
ho should have the authority to so dispose of them. In England, 
where nov.- the consuls ai'e worth at the rato of IIJ cents, bonds 
drawing interest at 2| cents would command parlo-day, It may 
be— and nobody will be more pleased than I shall be — the Secre- 
tary may bo able to sell a 2+ per cent bond in this country; but 
that it has never been heretofore done we know. 

Mr. MORRILL. But bonds running for five years would not 
sell in the market for as much as a long boad, say for thirty 
years. 

Mr. SHERMAN. No. Thisamcndraeut does not say that the 
Secretary shall pay 3 per cent, but not o.\ceeding .'5 \)ev cent for 
a tive-year bond. How anybody should lind any dilticulty in this 
proposition, or any connection between it and any oilier matter, 

1 can not imagine. 

I feel bound as a Senator of the United States to do by the in- 
coming Adminis' ration precisolj' what I should like to have 
dene by me it our positions were rever.-ed. Wo can not deal 
with these financial questions from a jiarty standpoint or from a 
local or sectional standpoint. When we go into the market to 
borrow money, we are standing just like the humblest individual 
in the Unit d States; we have to pay whatever the market de- 
mands, no matter what that may bo. 

When we have authorized our odicer to go into the market of 
the world, he goes there backed with the power and credit and 
wealth of the people of the United States, and if any nation in 
the world can borrow money at the lowest possible rate of in- 
terest it is the United States of America. 

That is the position I desiie this officer to assume. If he can 
demonstrate the ability of this Government to borrow monoj' at 

2 per cent I shall regard it as the greatest financial triumph in 
the history of the world, and if he can get money at 3 per cent, 
well and good. 

This would have been regarded twenty years ago or thirty or 
forty years ago, when we paid Cper cent and 7.3 per cent inter- 
est, as a marvelous thing. If we shall be able to borrow at 3 per 
cent, it will b3 one of the most remarkable examples of the 
growth of our credit in the command of the money of the world 
ever shown in the history of civilization. That is all I desire 
bv this amendment. 
'Mr. STEWART. Mr. President 

Mr. HOAR. I object to further debate until the point of order 
is decided. 

Mr. STEWART. I think, after having allowed one speech, 
it is not fair that I should be cut off. I think I might have a 
chance to make a few remarks. 

Mr. HOAR. I beg the Senator's pardon. I certainly did not 
propose in the least to obstruct him. 

Mr. STEWART. I want to make a few remarks. 

Mr. HOAR. I do not propose to obstruct the Senator. 

Mr. STEWART. The suggestion the Senator made would 
cut me off. 

Mr. HOAR. I do not desire to do that. 

Mr. STEWART. I ask the Secretary to read the third sub- 
division of RuleXVI. 

The VICE-PRESIDENT. The rule referred to will bo read. 

The Chief Clerk read as follows: 

3. No amendment which proposes general legislation shall he received to 
any general appropriation bill, nor shall any amendment not germane or 
relevant to the sxibject-matter contaiued in the hill be received; nor shall 
any amendment to any il^m or clause of such bill be received whloii docs not 
directly relate thereto; and all questions of relevancy of ameutlinents under 
this rule, when raised, shall be submitted to the Senate and be decided with- 
out debate; and any amendment to a general appropriation bill may bo laid 
on the table without prejudice to the bill. 

Mr. STEWART. Mr. President, there can be no question 
whatever that this amendment is not only general legislation, 
but legislation of the most general character. 

By the act of January, 1S75, commonly known as the speeie- 
resumpticn aat, the Seci-etary of the Treasury was authorized to 
sell bonds for the purpose of buying coin — not gold coin — to re- 
deem the Treasury notes which wovild be outstanding on the 1st 
day of .January, 1879. 

The language is to redeem the Treasury notes then outstand- 
ing. I have no doubt that if by a fair construction of that law 
it were necessary to redeem those notes, and there was an act 
requiring it, the Secretary might sell bonds at any time not 
only to redeem the notes then existing, but the reissue of the 



notes, to take care of the greenbacks that wore in exist;.'noo on 
the 1st of January, H79. I have no doubt that would be a fair 
construction. That is the power and the extent of the ]).iwer. 

In July, 1890, another act was passe;! which provided for the 
issuing of Treasury notes. That act provided that tlio notes 
issued under it should be redeemed iu g'old or silver coin at the 
discretion of the Secretary of the Treasury. It further made it 
the duty of the Secretary to coin suOlcicnt of the silver pur- 
chased in pursuance of the act to provide for redemption. The 
notes issued under thatact can not W redeemed with any money 
secured by the sale of bonds. Another nioileof redomjuion was 
provided, and besides they do not enter into tho description of 
the kind of Treasury notes for which bonds mlg-ht bo issued to 
obtain money to redeem tlipni. 

This amendment authorizes the sale of bonds to redeem any 
sjiccies of Treasury notes. It refers to Treasury notes trt-norally. 
so that under it tho power would bo conferred not only to sell 
bonds to buy coin to redeem th ■ Treasury notes existing on tho 
1st day of .lanuary, 1S79, but also to sell" bonds and buy coin to 
redeem the Ti'casury notes issued imder tho act of 1890." It pro- 
posi-s a very iranortant change in tho law. 

Mr. ALLISON. If the Senator will allow mo, I will state that 
I do not so interpret it. 

Mr. STEWART. It says so. Read it. 

.-.i.-, ALLISON. It says a 3 per cent bond, interest payable 
semiannuallv. 

.Mr. STEWART. Read the first part of it. 

Mr. ALLISON. It reads: 

To enable the Secretary of the Tre,asiiry to provide for and to maintain 
the redemption of United Slat«i notes. 

The notes issued under the act of 1890 arj not United States 
notes. 

Mr. STEWART. They are not declared to 1x3 .so. 

Mr. ALLISON. They are not so within the meaning of the 
law. United States notes are the designation in tho statutes o( 
what we call gr«>enbacks. 

Mr. MILLS. The 8340,000.000. 

Mr. ALLISON. Tho S310,(XK),000, and thoss Treasury notes 
are not United States notes. 

Mr. STI^WART. It is another name. 

Mr. ALLISON. It is another name and another character of 
notes, except that they are alegaltender, of course, being Unit«d 
States notes. 

Mr. STEWART. 1 wish, the Senator from Colorado [Mr. 
Tf.ller] would look at the law of 1890. 

^fr. ALLISON. I understand the Senator from.Ohlo to say 
that ho has no intent or purpose toembracu anything but United 
States notes. 

Mr. SHERM.'VN. The amandmentsays in the very beginning 
that it apjilics only to United States notes. 

Mr. ALLISON. So I understand. 

Mr. STEWART. Very well: still the amendment is v.-ry im- 
portant, and general legislation, m I will gj on toshow. There 
is no necessity to sell bonds and buy coin. There is ph-nty of 
coin in the Treasury. AcciU-ding to the report of tho Director 
of the Mint thei-e are $4ii,'),474,0!)O of silvorcjin ond silver bullion 
at the coin value in the Treasury of tho Unito.l States. There 
are over $100,000,000— $108,0iJO,0tH) itwasstatodthismorning— of 
gold, making over .'J()03, 474,000 of coin, or what can bs converted 
into coin immediately. 

Mr. Mcpherson, win the senator permit me a question? 

Mr. STEWART. Certainly. 

Mr. Mcpherson. How much silver coia is there in tho 
Treasury that is not there for redemption? 

Mr. STEWART. There are .•}49,2.54,000 in excess of silver cer- 
tificates and Treasury notes out. 

See what the different stjps to make discrimination against 
silver havebeen. In the first place, they induced one nation after 
another to suspend the coinage of silver. That is the way tho 
demonetization of silver was brought about, by cutting off the 
market for silver bullion. The denial to silver bullion of the 
right of coinage caused that metal to fall in the market. Imme- 
diately upon the fall of silver bullion the bankers declaivd that 
silver coin was not good for reserves: that it was not good ni'jney. 
We heard this talk on tho stump and everywhere about good 
money, as if gold was good money, honest money; as if gold was 
not robbing tho people, as if gold which had been doubled in 
value by legislation was honest money. Silver remains. It has 
not fallen as much as thj general range of prices of commodities. 
It is nearer an honest measure than gold. Is it honest money 
that has enhanced in value power 50 percent in twenty years? 

The Senator from Ohio speaks of the low rate of interest as a 
sign of prosperity and the power of the Government. This low 
rale of interest is the index of the distress of the people. If any 
individual had deposited ,$100,000 of gold in a bank twenty years 
ago he would have drawn more than the interest in the cnhancad 



1726 



CONGRESSIONAL RECORD— SENATE. 



Februaky 17, 



value of the g'olcl. It ia the enhanced value of the gold that en- 
riches the money-lender, and he does not require large interest. 
Tho fact tliat we cu,ii borrow money for less than 3 per cent 
shows that investments in property are bad, because property 
is ciopreciat.'d, and investments in money are made because 
monoy is advancing. What I object to is legislation to advance 
the value of money, and that is what this legislation means. 

When the Treasury is plethoric with coin why authorize the 
Secretary to sell bonds and involve a debt, and buy coin to re- 
deem the obligations of the Government? Why, I say, do that? 
You attempt to do indirectly what Congress has refused time 
and lime to do directly. There is no obligation of the Govern- 
moiit outstanding jjayalile in gold. If the bankers want to jiro- 
duc? a panic let them draw out the gold; but the Government 
should do as other governments do— protect the Ti'easury. It 
is the duty of the Secretary to protect the Treasury. The Bank 
of i'"'rance will not pay out gold for shipment, and no foreign 
government will do it except England, and she stops it by rais- 
ing the rate of interest. They pay out silver when it is more 
con>'enient. If it is to be transported they will not pay it in 
gold, but give out the silver. 

Germany did the same thing in 1891 when she wanted to ac- 
cumulate gold. She would not pay it out for shipment to per- 
sons who wanted large quantities of gold for exportation. 

But here we propose to sell bonds and buy gold for the pur- 
pose of allowing the gold to be drawn out and shipped. What 
would be the operation of this measure? The national debt could 
be increased without limit. Two billion dollars might be added 
to the national debt if these operations were carried on. If this 
amendment should pass all tliat the bankers would have to do 
would be to take the greenbacks to the Treasury and draw out 
the gold. They would draw out the $100,000,000. 

Then the Secretary would sell bonds and buy it back again. 
Then the Secretary would issue the same amount of greenbacks 
again, because he must keep the amount good, $316,000,000. 
Then the bankers would bring the new greenbacks to the Treas- 
ury and take out the gold again that he purchased, and then he 
would issue new greenbacks to take the place of those that were 
canceled; and so it would go on. It would be a continual cur- 
rent, and each time bonds would go out and the debt increased. 
The object of this proposed law is very plain. If 4 per cent 
bonds were sold they would sell at a premium, and the bankers 
do not like to buy them at a premium for banliing purposes. 
They can only issue 90 cents on the dollar in currency. They want 
bonds that will be just at par, 3 per cent bonds, so that they can 
tui-n it over. They want to keep their money and to loan their 
money. They will draw the gold out of the Treasury, and then 
more bonds will go out for more banking, and they will increase 
the issue of the national banks, probably get it vip to five, si.\, 
eight, or ten hundred millions. 

They do not object to expanding the currency if you will give 
them a subsidy for doing it. But when you speak of issuing 
these Treasury notes on silver, on the money metal which has 
been recognized through the ages, which costs the, Government 
notliing, no interest to pay on it, th-n they tell us it will drive 
gold out of the country. Any kind of money issued will have 
the same tendency. The value of money depends upon the quan- 
tity . Gold can not go until something is put out to take its jjlace. 
National-bank notes answer the demand for money. They will 
reliove gold so that it can notba sent abroad, just as much as any 
kind of paper. If you issue two or three hundred million dollars 
of bank notes, which could be done vmder this proposed law, your 
gold will go as a matter of course, and let me tell you it ought to 
go. Gold ought to go for our good and for the good of mankind. 

We have too much gold. We want a better money than gold. 
We want silver. Silver is more regular in production and was 
recognized during all the controversy of eighteen or nineteen 
years from 1852 to 1870 by every writer of political economy on 
the continent of Europe as the better money, and they were dis- 
pos'^d to demonetize gold, because silver was the better money. 
Chevalier, McLaren, and the whole concourse of writers upon this 
subject undertook to demonstrate and did demonstrate that sil- 
ver was the reliable metal, and they wanted to discard gold when 
California and Australia were producing that metal. But new 
silvermines were discovered. England, having demonetize silver 
in 1816 because it was the plentier metal, would not consent. 
When silver mines were discovered, Continental Europe con- 
sented to adopt England's policy to get rid of one of the metals. 
It was nothing else. That is what it was adopted for.- 

I say, what we want is good money, money that is not the 
caprice of legislation, money that does not depend upon the 
caprice of bankers. This amendment places the whole financial 
system at the will of the bankers, and they can get any amount 
of bank circulation they please. They can retire it when they 
please. When they want to make property dear and create a 
boom, so that the combination of bankers can sell, they can put 



out national-bank notes without limit. When they want to make 
property cheap they can control the currency. The power to ex- 
pand and control the currency ought not to be in private corpo- 
rations, as this amendment proposes. 

Now, we not only have our monoy, if we pass this proposed 
law, subject to the caprice of legislation, but we legislate that 
the volume of money shall ba subject to the caprice of the na- 
tional banks. The country is not prepared for that. Do Sen- 
alors say that this is not general legislation when it changes the 
whole financial system? The only thing we have now between 
the omnipotent will of these bankers is the fact that the bond 
that has to be sold in case of emergency would be sold at a pre- 
mium. It is not profitable to buy it for banking purposes. But 
you put the bond down so that it is profitable to buy for banking 
purposes and they can expand and contract your currency at 
will. I undertake to say it is hot only general legislation, but 
of the most general kind, the mostsweeping. H^et the law stand 
as it is. Lit the Secretary of the Treasury obey it. He has got 
the coin; let him redeem with the coin. He has got abundance 
of it. He wants to make a discrimination against silver for the 
purpose of depreciating that. 

Eighteen years ago the basis of circulation and credit of the 
world was gold and silver coin. The whole amount of coin then 
formed the basis. The bankers said that silver was not good 
money for reserves and they collected the gold. Of full legal 
tender and limited legal tender there are $4,000,000,000 in the 
world still doing duty as money. But they say it is not good 
money and it is not fit for reserves. They have nan-owed the • 
reserves down to gold alone, which is a shrinkage of at least I 
one-half of the basis of circulation and credit. What has fol- 1 
lowed? The necessary curtailment of credit has begun. It has 
been going on for years, until it has reduced the average range 
of prices 40 per cent and enhanced the value of gold fully 50 per 
cent. 

Now, notwithstanding Congress time and again have decided 
that it would make no discrimination in the coin of the countrj' 
that it should bo used for the purposes of redemjition, that every 
debt should be payable in either gold or silver coin and adhered 
to that policy thi-oughout, with an overflowingTreasury of coin, 
it is proposed to give the Secretary of the Ti'easury authority to 
involve this country in an unlimited debt. It is claimed that it 
is necessary tliat it should be involved in that debt? Why is it 
necessai'y when there is coin enough and bullion enough that can 
becoined? Why is it necessary, I ask, to involve the country in 
debt? Why this emergency unless you want to change the whole 
l)olicy, change the financial legislation, and say that the silver 
shall not be used for reserves at all? If it is not used as reserves 
you have in the United States over $550,000,000 of it that you 
must throw away. 

When you have destroyed the price of silver and got it down 
to 20 or 30 cents an ounce, as you projiose to do by repealing the 
act ot 1890, then the silverof the world willhave to be discarded. 
It is still doing duty. It is supplying the demand for money; 
but every time youhave by legislation degraded it you have de- 
preciated the market price of the bullion, and then we have 
heavd the argument that it was not good money because it was 
depreciated in the market. After legislation has taken away 
the market, then they say the market price has declined and sil- 
ver is not good money. We have to meet the question squarely 
and decide whether the $550,000,000 of silver is good money, or 
whether we will discard it and let the people lose it. 

The bankers need not bring on any crash unless they want to 
do so. It the bankers want to draw this money out to sell to 
Austria, to enable her to get a gold reserve, let the Now Yoric 
bankers take the chances. If they can not get gold they have 
got to take silver, and it will supply every want. They do not 
make any run upon E^rance. She keeps it because she has got 
her silver there and will pay out silver if they demand largo 
quantities. She preserves her gold and keeps both on hand. 

The Secretary of the Treasury has the same power and has 
the same duty under the law. But this scheme of selling a 3 
per cent bond is to make a bond for the national banks, because 
so far as any emergency is concerned, as shown by the Senator 
from Missouri [Mr. Cockrell], they can sell the 4 per cent 
bonds as cheaply for the Government as they can the 3 per cent 
bonds and save the same to the Government. But it is not so 
suitable to carry out the scheme of banking as the proposed law, 
and if this scheme of banking is carried out the national banks 
will own the country. 

I insist upon my point of order. 

Mr. VOORHEES. What is the shape of the question before 
the Senate? 

Mr. SHERMAN. It is a mere point of order. 

The VICE-PRESIDENT. A point of order has been made by 
the Senator from Nevada [Mr. Stewart] against ■the amend- 
ment of the Senator from Ohio [Mr. Sherman]. 



189^ 



CONGRESSIONAL RECOED— SENATE. 



1727 



Mr. SHERMAN. I think that ought to be decided now. 

^Ir. VOORHEES. Yes; I was going to saythati do not wish 
to address the Senate on the point of order. 

The VICE-PRESIDENT. The amendment reported by the 
Committee on Finance makes an appropriation to carry out ex- 
isting law. It proposes to limit the authority of the Secretary 
of the Treasury under existing law, and does not, in the opinion 
of the Chair, propose new legislation. The Chair therefore holds 
that the amendment is in order. 

Mr. STEWART. 1 appeal from the decision of the Chair and 
call for the yeas and nays. 

Mr. HOAR. I move to lay the appeal on the table. 

Mr. STEWABI. On that I call for the yeas and nays. 

The VICE-PRESIDENT. The question is on the motion 
made by the Senator from Massachusetts to lay the appeal made 
by the Senator from Nevada on the table, on which the Senator 
from Nevada demands the yeas and nays. 

The yeas and nays were ordered, and tho Secretary proceeded 
to call the roll. 

Mr. QUAY {when Mr. Berry's name was called). The Sena- 
tor from Arkansas [Mr. Berry] is paired with me on this ques- 
tion. If he were present he would vote "nay" and I shoidd 
vote ''yea." 

Mr. BUTLER (when his name wascallod). I understand from 
the Senator from Pennsylvania [Mr. Quay] that his colleague 
[Mr. Cameron] would vote "yea" on this question. 

Mr. QUAY. I think my colleague if present would vote 
"yea." 

Mr. BUTLER. Then I will vote "yea." 

Mr. DAVIS (when his name was called). I am paired with the 
Senator from Indiana [Mr. Tuepie]. 

Mr. DAWES (when his name was called). The Senator from 
Alabama [Mr. Morgan] being absent, not knowfng how ho 
would vote, I withhold my vote. 

Mr. DIXON (when his name was called). I am paired with 
the Senator from Mississippi [Mr. Walthall]. 

Mr. FAULKNER (when his name was called). I am paired 
with the Senator from Rhode Island [Mr. Aldrich]. 

Mr. MILLS ( when his name was called). I am paired with the 
Senator from New Hampshire [Mr. Gallinger]? 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey]. I am informed 
that he would vote "yea" upon this proposition, and I vote 
"yea." 

Mr. QUAY (when his name was called). On this question I 
am paired with the Senator from Arkansas [Mr. Berry]. If he 
were present I should vote " yea" and he would vote "' nay." 

Mr. POWER (when Mr. Sanders's name was called). My col- 
league [Mr. Sanders] is paired with the Senator from New 
Hampshire [Mr. Chandler] on this question. 

Mr. WHITE (when his name was called). I am paired with 
the Senator from Nevada [Mr. JONES]. If he were present I 
should vote "yea." 

The roll call was concluded. 

Mr. PL ATT. Has the Senator from Virginia [Mr. Hunton] 
voted? 

The VICE-PRESIDENT. He is not recorded. 

lilr. PLATT. I am paired with that Senator. I should vote 
" yea" if he were present. 

Mr. HANSBROUGH. I imderstand that the Senator from 
Idaho [Mr. Dubois] would vote "nay '" if he were present. Ho 
is detained from the Chamber by sickness. I have consented to 
pair with him, and I therefore withhold my vote. 

The result was announced— yeas 28, nays 18: as follows: 









YEAS-23. 




Allison, 




Frye, 


Jones. Ark. 


R.-insbm, 


Brice, 


x 


Gorman, 


McMillan. 


Saivyer, 


Butler, * 


^ 


Hale, 


McI»herson, 


Sherman, 


Gallery, 


"O 


Hawley, 


Morrill. 


Stockbrldgo 


Camden, 


c 


Biggins, 


Paddock, 


Vilas, 


CuUom, 




Hisccick, 


Palmer, 


Voorhees, 


Felton. 


03 
03 


Hoar. 


Pasco, 

NAYS— IS. 


Washburn. 


Bati\ 


CO 


Dolpli, 


Pettigrew, 


Teller, 


Blackbiu'n, 


, . 


George, 


Power, 


Vance, 


Call. 


o 


Kylo, 


Pugh, 


Wolcott. 


Cockrell, 


a> 


JSUtchell, 


Sboup, 




Coke. 


!o^ 


Fetter, 


Stewart, 






13 


NOT VOTING— 41.- 




Aiarich, 


CO 


Dawes. 


Hunton, 


Squire, 


Allen, 


s— 


Dixon, 


Irby, 


Stanford, 


Berry. 


O 


Dubois, 


Jones, Nev. 


Tm-pie, 


Blodgett, 


la- 


Faulkner, 


Manderson, 


Vest, 


Cameron, 




Galllnger, 


Mills, 


Walthall, 


Carey, 




Gibson, 


Morgan, 


Warren. 


Casey. 




Gordon, 


Perkins, 


White, 


Chaii filer. 




Gray, 


Piatt, 


Wilson. 


Colquitt, 




Hansbrough, 


Proctor, 




Daniel, 




Harris. 


Quay, 




Davis. 




Hill. 


Sanders. 





So tho appeal was laid on tho table. 

Tho VICE-PRESIDENT. Tho question recur.-i on a^roeiiig 
to the amendment of tho Senator from Ohio [Mr. S ,1. 

Mr. MILLS. The amendment of theS-'natorfr^ now 

ponding? 

Tho VICE-PRESIDENT. It is jHsnding; but tho SonaU.rfrom 
Texas will susDond to unable the Chair t<i lay before tho Senat« 
the unfinished business, tho hour of 2 o'clock having arrived 

Mr. MILLS. Certainly. 

maritime can.\l co.mi'.\nv of KICARAOUA 

The VICE-PRESIDENT. Tho unfinUhod buslucb, «ul b.- 
stated. 

The Secretary. A bill (S. 1218) to amend iho act onlitlod 
"An act to incorporate the Maritime Canal Company of NLoa- 
ragua," approved February 2(), Is-"*!!. 

Mr. SHERMAN. Let the unfinished business go over In- 
formally. 

The VICE-PRESIDENT. The ■■-■■"■■■■" -> ^iiy. 

The Senator from Te.xas [Mr. Mil 

Mr. STEWART. 1 object to th . . .„ _. ... ^ulug 

over informally. 

The VICE-PRESIDENT. The Senator from Nevada objeoU 
to tho bill going over informally. Tho bill U then before tho 
Senate, objection being made to its guin;; over. 

Mr. BUTLER. In what attitude does the objection leave tho 
Nicaraguan bill? 

Mr. HARRIS. It is tho regular order. 

The VICE-PRESIDENT. Objection bein^' made, tho Nica- 
ragua Canal bill is before the Senate as tho regular ord'-r. 

Mr. SHIORMAN. The Nicaragua Canal bill is no-.\ 

Mr. .\LLISON. If tho Nicaragua Canal bill in novs , 
I move to lay it aside and that tho .Senate iiroeced to thu euu^id- 
oration of the s\mdry civil uppropi'iation bill. 

Mr. HARRIS. That motion is in order. 

The VICE-PRESIDENT. The question is on tho motion of 
the Senator from Iowa. 

Mr. SHEUMAN. As a matter of course I can at any time 
move to take up tho Nicaragua Canal bill. I do not caro about 
making any point on it. 

SUNDRY CIVIL APPROPRIATION BILL. 

The VICE-PRESIDENT. Tho question i.H on tho 
the Senator from Iowa that the Senate orocced to the i 
tion of the sundry civil appropriation bill. 

The motion was agreed to; and tho Senate, as In Committooof 
the Whole, resumed tho consideration of the bill (H i: ' 
making appro))riations for sundry civil expenses of V.. 
ment for the fiscal year ending June 30, ISli-l, and for u.m.. (..n - 
poses. 

The VICE-PRESIDENT. The pending ciu.Htion is on tho 
amendment of the Senator from Ohio [.Mr. S on which 

the Senator from Texas [Mr. Mills] Ls cnl i • -'oor. 

Mr. MILLS. I move to amend the a 
from Ohio, in lino 11, after tho words ' i 
ing out the words "after live yeai's fro 

My amendment proposL-s to make tli' .ble at tho 

option of the Government, not oftcr fi\ ■_ .. -. . - at any lime 
it pleases. 

I think it was laid down by one of the ablest Secrplarie? of tho 
Treasury this country has ever had, .Secretary i 
his reports, that the Government ougli t novor to 
itdid not retain on the face of the bond tln'opti' : 
its jdeasure and to pay wliutever amount of su 
might have in the Treasury towards its rod. im ■ 
that it is a perfectly sound policy. I am 8;i! 
eruraent can sell thoso bonds at par, if it b ' 

do it, with the option to recall them at its ploaaaro and pity Ihoui 
whenever it may have tho ability to do so. 

It will be remembered by Senators that '. ' '' 
struggle between the two Houses about r. 
per cent bonds by tho sale of new lx)nds at 
That bill did not become a law. It h. 
branches of the LegUlativ.' Department ni 
President. The then Secretary of the Tn : 
continued the 5 and li per cent bonds at th. 
ernment by an agreement with the bon " 
percent. The Senator from Ohio rome: 
in this statement. 

Mr. SHERMAN. That is correct. 

Mr. MILLS. Wo held those bondsunti! th. la-l on.. 
was paid during the administration of 
am satisfied that now our credit i" ?o »■ 
can lloat a 3 per cent bond a^ 
per cent bond twelve orfoiirt. 
we should put it out of thepowe; c; mo <..',o nn.n. ,> 



f thorn 
;. t 

• wo 



1728 



CONGRESSIONAL EECORD— SENATE. 



Eebeuaiiy 17, 



states to buy thoso bonds when it has surplus money in its Treas- 
ury. 

If we should be iu the condition wo were two years ag-o and have 
a surplus of forty or lifty million dollars in our vaults, and have 
our bonds out for forty or lifty million dollars, wo would simply 
have to pay the premium on the bonds before we could extin- 
guish them. That is not sound financial policy. The present 
is a mere temporary condition of our Treasury which will soon 
correct itself, and tlioro is no reason why we should again go 
back to the old policy of soiling bonds to be redeemed by the 
Government at five or ton or twenty years in the future. 

I liope that we shall return to the sound policy laid down by 
Secretary Chase, and I hope that the Government will never 
again find itself in a condition where it will be compelled to sell 
a bond payable at a future time, and a bond that it will not have 
the option to recall and payoff whenever it has surplus funds in 
its Treasiu'v. 

The PRESIDING OFFICER (Mr. Platt in the chair). The 
amendment proposed by the Senator from Texas to the amend- 
ment of the Senator from Ohio will be stated. 

The Secretary. In line 11, aftertho words "United States," 
strike out " after live years from their date; "' so as to make the 
amendment read: 

To enable the Secretary of the Treasury to provide for ana to maintain 
the redemption of United States notes according to the provisions of the act 
approved January 14, 1875, entitled "An act to provide for the resumption of 
.^pscie payments," $.50,000; and, at the discretion of the Secretary, he is au- 
thorized to issue, sell, and dispose of, at not less than par In coin, either of 
the description of oouds authorized In said act, or bonds of the United States 
bearin'j not to exceed 3 percent interest, payable semiannually and redeem- 
able at the pleasure of the United States with like qualities, privileges, and 
exemptions jirovlded in said act for the bonds therein authorized, to the ex- 
tent necessary to carry said resumption act into fnll eltect, and to use the 
proceeds thereof for the purposes provided iu said act and none o'.her. 

Mr. SHERMAN. Mr. President, if this was not a new experi- 
lujnt and it this was not merely to provide for an emergency I 
should feel disposed to assent to the proposition of the Senator 
from Texas, but for these reasons I think it ought not to be ven- 
tured on this bill. 

England and some other counti'ies do issue bills, exchequer 
bills especially, payable at the pleasure of the Government, and 
1 am not sure but that as a permanent policy we might adopt the 
same rule and issue an annuity of 3 per cent or whatever the rate 
miy be; but it is sufficient to say that this would be an experi- 
ment. 

The amendment of the E''inance Committee is merely to pro- 
vide for an exigency. It is merel.y to provide for a possibility. 
I trust that it will never arise, t do not believe that any con- 
siderable sum of these bonds will ever bo issued. At the same 
time we must provide for the contingency, because the present 
law contemplates that there shall be a maintenance of a fund of 
.$100,000,000 in gold. That is provided -for, and the law further 
provides that whenever the $100,000,000 is reduced below the 
amount, then tho Government shall refuse to receive either 
gold or silver on deposit; it will not issue any more notes. So 
the $100,000,000 must be maintained. 

It seems to me it is a great deal better to adopt some rea- 
sonable term. When I spoke a while ago I said I would be will- 
ing to say five or three years, but I do not think that is the 
opinion of others. We think we had better make it live years. 
A person would not care to make an investment that might be 
called in in three months. At three months or six months or a 
year it is a call loan. A man might not desire to invest money 
at the low rate of 3 per cent unless he can get five years for the 
bond to run. 

Therefore, I appeal to the Senators on tho other side whether 
on the whole this experiment had better not be tried and let us 
give it a term. Something was said about Governor Chase. It 
the Senator from Texas says he did, I will take his word for it, 
but I do not think that Secretary Chase ever recommended to 
have no minimum year. The five-twenties was one of the best 
devices of the war made by Governor Chase, as we called him, 
Secretary Chase. He reserved to the United States the right to 
redeem those bonds after live years; and if that principle had 
been inserted in the railroad bonds that were issued at the time, 
as the record will show I desired to have done, millions upon 
millions of dollars would have been saved to the Government. 

But I think Secretary Chase always contemplated one short 
period during which tho bonds might run, redeemable at the 
pleasureof the United States after that time. The five-twenties, 
the ten-forties, and every bond that was issued during the war, 
wven including the 7.3 per cent certificates ran for five years. 
Without some period to run I do not think they would have tho 
command of the market so well. 

However, that is a matter of detail. I leave it entirely to the 
Senate. A five-year 3 per cent bond, in my judgment, can be 
now sold in the market, but to reduce the time or make no time 
during which the bonds can run, and allow them to be called 



within six months or a year, may defeat the investment of vast 
sums of money if the bonds wei'e offered or needed. 

I doubt very much whether, under this proposed law, any con- 
siderable sum will ever be issued, because I believe the power to 
issue these bonds will enable tho Secretary of the Treasury to 
maintain the reserve in the Treasury Department without the 
issue of the bonds. But it they are sold, they ought to be put 
so that they would bear the least burden upon the United States, 
and at the same time be most acceptable to common investors. 
I think the bonds now provided for by the Committee on Fi- 
nance are nearer right as to time than any others which could 
be proposed. 

Mr. PEPPER. Mr. President, I am opposed to the amend- 
ment offered by the Senator from Ohio, and also to the amend- 
ment to the am'endmont proposed by tho Senator from Texas [Mr, 
Mills], for the reason that I do not believe there is any necessity 
for the Government to issue bonds at this time, and that, there- 
fore, there is no necessity for making any appropriation for that 
purpose. 

While I am riot surprised at this proceeding, I feel a sense of 
amazement that at the close of the rule, if I may use the term, 
of tho great party in this country which has been in power, with 
but a single exception, since 1861, weareconfronted not only with 
an empty Treasury, but with a proposition to vote bonds upon 
the people, to tax the property of the citizens of this country for 
a new issue of bonds, when there are from $300,000,000 to $000,- 
000,000 of specie in the Treasury of the United States at this 
hour . 

Would it interrupt the Senator to ask him a 



Mr. BUTLER, 
question? 
Mr. PEFFER. 
Mr. BUTLER. 



Not in the least. 

If I am correctly informed on this subject tho 
Secretary of the Treasury already has authority to issue bonds 
to sustain the reserve in the Treasury, and the practical effect 
of this measure would be to reduce those bonds from land lipor 
cent to 3 ner cent. 

Mr. FELTON. Or less. 

Mr. SUTLER. Or less. That is all. There is no proposition 
here to issue now bonds, but simply to arm the Secretary of the 
Treasury with authoi'ity to put out a 3 per cent bond instead of a 
4 or 4* per cent bond. I ask the Senator from Ohio if I am not 
correct in that statement. 

Mr. SHERMAN. That is the only effect of the amendment I 
know of. 

Mr. PEFFER. Thisis only apreparatory measure to accommo- 
date the bankers, iu my opinion. For the last sixty days there 
has been a slowly increasing volume of current from that direc- 
tion to this Chamber, and it culminated a few days ago by a mo- 
tion made by the Senator from Now York [Mr. HiLLjwho is not 
now in his seat to take up the bill for the purpose of repealing 
the only silver legislatiorhwe now have. The reason alleged for 
that was, as we all remember, that gold was flowing out of the 
country, and that the first step toward a resumption of bimetallic 
coinage, to use the language of the Senator from New York, was 
the repeal of the silver-cjin^ge law, commonly known as the 
Sherman act, all preparatory to the proceeding which we are 
now asked to add to by this amendment. Immediately after the 
defeat of that proposition of the Senator from New York, and of 
a similiar proposition in the House of Representatives, it was 
discover/d that there was an abundance of money in the banks 
of New York City to accommodate the Treasury. 

Mr. President, I believe that there is an abundance of both 
gold and silver to-day iu the bank vaults and in the Treasury 
vaults without the issue of another dollar of bonds. It has been 
only a little more than two years, sir, since the Secretary of the 
Treasury, under and by virtue of the authority vested iu him by 
law, visited the city of New York some six different times, and, 
if my memory serves me, within a period of about one hundred 
days he actually donated ti the bankers of that region some 
$20,000,000 of the people's money. 

What I mean by that is that while purchasing some $70,000,- 
000 worth of bonds at a high pi'omium he advanced nine months' 
interest at all events upon bonds not yet due and which would 
not bee eme due until 1907, amounting to something over $12,000,- 
000. amounting in all to nearly $20,000,000, when there was no 
necessity tor it, no demand coming from the people. Nor is 
there any demand now, Mr. President, coming up from the people 
of this country. It is all from that little cenier in New Vork 
City. There is where this appeal comes from. 

In tho name of the people whom I have the honor in part to 
represent I appeal to t he Senate to voto down this proposed amend- 
ment and every other proposition looking in the dire'elion ol 
bonding the people of this country to the extent of another dollar. 

Mr. PELTON. I understood the Senator from Kansas to say 
that in his opinion there was no necessity for this proposed leg- 
islation because no emergency would arise. I simply d< sire to 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1779 



theso institutions oontiolling the capital of the country was in 
one direction, and ttie President of the United States succumbed 
to it. 

Mr. HUNTON. The inlluenco of the money power. 

Mr. VEST. The influence of the money power, as my friend 
from Vii'ginia says, was all in favor of that veto, and they ob- 
tained it against the will of the people of this country and the 
declaration of their Representatives in the House and in tha 

Mr. COCKRELL. What was the sequel? 

Mr. VEST. My coUeag-ue asks what was the sequel. They 
told us that the country would bo ruined if that bill became a law 
and we proposed to fund the debt, my recollection is, at 3 per 
cent. They afterwards came to Mr. Windom, the Secretary of 
the Treasury, and the same debt was funded by the same people, 
at 3 per cent. 

JNIr. COCKRELL. At 3i per cent. 

Mr. VEST. At 3 per cent. My recollection is that it was at 3, 
the same rate that was proposed to them by the act of Conj^ress. 
No disaster came from it. The country continued upon its glori- 
ous and serene career of prosperity, and all the ill-omened predic- 
; tion that came from greed and consolidated avarice proved to 
I be false. 

Mr. President, I have had occasion to say before (and I am not 
following the popular will simply in thisdeclaration: I hojic I can 
do my duty here without regard to what meets with popular ap- 
plause) and I say here again, I will never by any vote of mine add 
to the existence or to the ])ower of the national banks of the United 
States. They abused that power when they thought they could 
do it, and they are ready to do it again. Human nature is not 
changed by turning it into a corporate capacity. 

The same motives influence men when working in a corpora- 
tion that controlsthem in their individual action. Give tothese 
national banks an additional tenure, a larger capital, and it sim- 
ply gives them additional opportunity to use their corijorate 
power and tho protection of the Government to accumulate 
money at the expense of the people. Therefore, whether this- 
be a practical question now, as suggested by the Senator from 
Illinois [Mr. PALMER], or not, I am glad always to have the op- 
portunity of uttering these sentiments and of voting for every 
act that i-estricts the national banking system in the United 
States. 

Mr. SHERMAN. I said yesterday that personally I have no 
objection to shortening the period of tho duration of these bonds 
to three years; but upon consultation with Senators upon both 
sides of the Chamber who are in favor of this proposition I am 
satisfied that the great majority of them believe that that would 
take away an important value that would be attached to the 
bonds. The ordinary period of a mortgage for investment in all 
the Eastern country, and perhaps in the Westalso, isfivo years. A 
security running a shorter time than that would not be favored. 
Therefore I withdraw what I said and concur in the opinion 
expressed to me by so many others that it ^S'ould bo better to 
make the bond a five-year bond rather than a throe-year bond. 
I think if my friend from Texas were here he would see the im- 
portance of giving to this bond, if we are to issue it and it can 
be utilized, as much advantage as possible without injury to the 
Government. I thmk a five-year bond is the shortest bond that 
was ever issued by the Go%-ernment of the United States. I do 
not think we ought to weaken its strength in the market. I 
hope the period of five years will be ageed upon. 

As to banking, I do not want to mix that question with this 
proposition. This is a proposition intended" to maintain the 
present status of affairs, the parity of the two moneys, and I do 
not wish in any wav to drag in the banking question. I would 
leave it just as it is" and let'these bonds be worth whatever value 
the law gives them. Upon looking at the law I think bonds now 
issued could be deposited as security for bank circulation, 
although there is a little doubt whether bonds issued at this date 

could be so used. , , ^ , ■ ^ 

Personally I am perfectly indifferent whether the clause is put 
on or kept off in regard to these bonds being used by the national 
banks except that from the very fact you exclude them from tho 
use to which all other bonds of the United States can bj applied 




running-- ., , , ,■ ^i - i 

all to discredit them. I have not an idea that any prudent bank 
would buy a five-year bond to bass the issue of circulation upon, 
and the mere denial of that right might lessen the value of these 
bonds Then why put it on? That is all I have to say. 

Mr. CALL. Mr. President, Senators have defended this pro- 
posed legislation upon an appropriation bill on the ground that 
it is enlarging the authority of the Secretary of tho Treasury. 
The Secretary now has authority under the act of 18 lO to issue 
bonds at -H per cent. In what sense of the word can it bo main- 
tained that an act limiting his authority to the issuance of a 3 



per contbondisenlarging it? In ••' : • ■ ' ■ •' ■ - 

administration of the Treasury D. 

by reducing the rate of interest at .;.... ...... 

ized to dispose of thcs: bonds is, I think,adiitioult proirasilioD 
for anyone to perceive. 

Again, it has been donieJ that •.' iry of the 

or any public servant tinvinjf nut' '• an act ' 

of bonds at a 1.' 
of them at a 1 
■viduaUhaigiu 
his grantor or hi- 
to exact tho sever. 
have violated that ti-uBL. Uy \v\i:: 
be maintained that a public B:'rv:. 
of tho law is bound by tho t> r 
ossary hardship upon the p^ 

If the law of 1S7.") exist - 
for argument, that any a 
as the raa.xinium amouii. .. 
bouuden duty of a .•servant o( 
smallest rat<! of per cent, ihi' 

people, at which he can obtaiu tho Uiu.iuy uiid Uy v,h'icU liuuitu 
execute the terras of the law. 

But. Mr. President. Iheri- ' .... . . 

this amendment is a!i indnr- 

friends upon the other side cj. ... 

of the Chambc^r have maintaiuod b^'forn tlie 
financial policy of our Republican friends v.a 
imposing burdens upon tho pui>i)le of this i- 
tem of twnded national debt and tho frnmt . 
to those of our people alonn wbn 
tional bonds was an injury to the 
gave command of the jmblie creii 
the country to a limited number • 
was to compel the jieople to bir 
onerous rates of interest, limitint; it to lUe ■ 
the discretion and the interest of a voi-y - 
sons. This has been tho •■ 
Chamber, and upon tho hu^■ 
Now, we are told before t! 

tion that wo must put an an 

affirming as tho s •ntim -nt ■■ 
for tho purpose of maintain!: 

and that without matur<- eu; 

to the prevailing oi)inion of the ; 

to tho question of tho free coina'. 

that the existing svstcm is tolx' ur.m vn..u an.i xxriiri- ...i. .mii 

on this side of tho Chamber tlio fact tliat it is the only allorna- 

tive in tho present condition of thiii^rs. 
As I expect to sustain tho incoming .Vdr ' 

yield to no one in rosjiect for its head or fc 

stitute it-i advisers, I wish to make kn(jw: 

cerned and the people I represent. thatlin\ 

upon this issue and received th'.' 

nor are the people whom I ropv 

declarations we have made. If o .. 

are right and as a party we are prep. ' 

what they have done, lot us have ma' 

be done upon an independent bill. 
For myself I believe the banking system of this country ru- 

quires radical revision: I lK;lieve there is d""' 

money amongst people of this country ov. 

their property is being sacrificed, th'i 

are ina condition of extreme poveriy. 

the fact, so far as my own i)eople are .• 

erty of the jieople has Ijeen decrea-iing in vaUiu \ rttr 

that they attribute it to the existing economics of t!. 

Let us have that subject investigated, Mr. President, and .i.ci.;.-(! 

fairly after adequate thought and consideration. 
The VICE-PRESIDENT. Th. ^ "• "■ 

amendmentof the Senator from T 

ment of the Senator from Ohio 1 .M . 
Tho amenlment to the amendm.-n- •■a. 

Mr. VEST. The amendment of n r from fto^*"" 

[Mr. Stewart] to tho amendment of tbo Senator from Ohio i.s 

pending. _., 

The VICE-PRESIDENT. That is now ' ir question. 

Mr. GEORGE. On that I call for tho y »• 

The yeas and nays were ordered. 
Mr. STEWART. Let the amondraent to tho amondment t>>- 

The VICE-PRESIDENT. Tho amendment to tho amendment 
will 1)0 again read. 
The Secretary. Add to the amondment: 

And lUo txinds Isauod under ihc provisions of Uii« act shaU not bo n»~» a, 
security for llie Issuance of aatluiial bank currency. 



1780 



CONGRESSIONAL RECOED— SENATE. 



Eebruaey 18, 



The VICE-PRESIDENT. The roll will bo called on agreeing 
to the amendment to the amendment. 

The Secretary proceeded to call the roll. 

Mr. QUAY (when Mr. BERRY'S name wascalled). TheSenator 
from Arkansas [Mr. Berry] is paired with me upon this question. 
If ho were present I presume he would voto for the amendment 
to the amendment. 

Mr. GORDON (when Mr. Colquitt'.s name was called). My 
coUoatrue [Mr. Colquitt] is paired with the Senator from Iowa 
[Mr. Wilson). 

Mr. DIXON (when his name was called). I am paired with 
the Senator from Mississippi [Mr. Walthall]. If he were pres- 
ent I should vote " nay". 

Mr. PAULKNEI\( when his name was called). I am paired on 
thisquestion with the Senatorfrom Rhode Lsland [Mr. Aldrich]. 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. Dolph]. He is in favor of the 
amendment offered by the Senatorfrom Ohio. I donotknow ex- 
actly how he would vote on the amendment to the amendment. 
If he were present I should voto for it. 

Mr. GORDON (when his name wascalled). I have a general 
pair with the Senator from Wyoming [Mr. Warren]. I do not 
know how he would vote on this question, and therefore withhold 
my vote. 

Mr. PETTIGREW (when his name was called). I am paired 
with the Senator from West Virginia [Mr. Camden]. If he 
were present I should vote "yea." 

Mr. QUAY (when his name was called). lam paired with the 
Senator from Arkansas [Mr. Berry]. 

Mr. STOCKBRIDGE(whenhis name wascalled). lam paired 
with the Senatorfrom Maryland [Mr. Gibson], but I am advised 
by his colleague that he would vote "nay" on this question, and 
I theroforo vote " nay." 

Mr. GEORGE (when Mr. Walthall's name was called). My 
colleague [Mr. Walthall] is absent fx-omthe Senate on account 
of inilisposition. I make that announcement for the day. He 
is paired generally with the Senator from Rhode Island [Mr. 
Dixon]. 

Mr. WHITE (when his name was called). I am paired with 
the Senator from Nevada [Mr. Jones]. If he were present I 
should voto "nay." 

The roll call was concluded. 

Mr. BUTLER. • I am paired with the Senator from Pennsyl- 
vania [Mr. Cameron]. 

Mr. COKE. My colleague [Mr. Mills] is paired with the 
Senator from New Hampshire [Mr. Gallinger]. 

Mr. Px\SCO. I am paired with the Senator from North Da- 
kota [Mr. Casey]. If he wore present I should vote "yea." 

Mr. JONES of Arkansas. I wish to announce that I am paired 
on this vote with the Senator from Montana [Mr. Sanders]. 

The result was aniiouucod — yeas 21, nays 32, as follows: 

YEAS-21. 



Bate, 

Blacliburn, 

Call, 

Coclti'ell, 

Coke, 

Daniel, 



HuQton, 
Kyle, 
MUchell, 
Morgan, 
^ Paddock, 



OJ 



Pefler, 



Allison, Frye, 

Brice, Gibson, 

Carey, <U Gorman, 

Chandler, *J Gray, 

Cnllom, "^ Hale, 



Perkins, 

Power, 

Pugh, 

Ransom, 

Stewart, 

Teller, 

NAYS— 32. 
Hlscook, 
Hoar, 
McMillan, 
McPlicrson, 
Manderson, 



Vance, 

Vest, 

Wolcott. 



Proctor, 

Sawyer, 

Sherman, 

Squire, 

Stockbrldge, 

Vilas, 

Voovhees, 

Washburn. 



CO 



Aldrich, 

Allen, 

Berry, ^^ 

Blodgett, 3 

Butler, F, 

Caffery, ^ 

Camden, 

Cameron, 

Casey, 



Davis, Hausbrough, Morrill, 

Dawes, rj Hawley, Palmer, 

Felton, <x) Biggins, Piatt, 

'o* NOT VOTING— 34. 

Colquitt, Hill, Shoup. 

Dixon, Irby, Stanford, 

Dolph, Jones, Ark. Turpie, 

Dubois, Jones, Nev. Walthall, 

Faulkner, Mills, Warren, 

Gallinger, Pasco, White, 

George, Pettigrew, Wilson. 

Gordon, Quay, 

Harris, Sanders, 

So the amendment to the amendment was rejected. 

The VICE-PRESIDENT. The question recurs on the amend- 
ment of the Senator from Ohio [Mr. Sherman]. 

jMr. GORDON. I ask that the amendment be read. 

The VICE-PRESIDENT. The amendment of the Senator from 
Ohio will be read. 

The Chief Clerk. On page 41, after line 24, insert: 

To enable the Secretary of the Treasury to provide for and to maintain 
the redemption of United States notes according to the provisions of the 
act approved January 14, lHr5. entitled ''An act to provide for the resump- 
tion of specie payments," $oO,UOU: and at the discretion of the Secretary he 
is authorized to issue, sell, and dispose of, at not less than par in coin, either 
of the description of bonds authorized in said act, or bonds of the United 
States bearing not to exceed 3 per cent interest, payable semiannually and 
refleemable at the pleasure of the United States after live years from their 



date, with like qualities, privileges, and exemptions provided in said act for 
the bonds therein authorized, to the extent nece.ssary to carry said resump- 
tion act into full effect, and to use the proceeds thereof for the purposes prt"- 
vided in said act and none other. 

Mr. PUGH. Is an amendment to the amendment now in 
order? 

The VICE-PRESIDENT. An amendment to the amendment 
is in order. 

Mr. PUGH. I have no desire to consumo the time of the Sen- 
ate in adding anything to what has ali-eady been said upon this 
question. It has been fully discussed and I have no doubt is 
well understood. I content myself with offering an amendment 
to the amendment, upon which I ask for tho yeas and nays. 

The VICE-PRESIDENT. The amendment to the amendment 
will be stated. 

The Chief Clerk. Add the following proviso to the amend- 
ment: 

Provided. That no bonds authorized to be issued and sold under this act 
shall be issued and sold by the Secretary of the Treasury until the amount 
of the coin redemption fiiud reserved in the Treasury under existing law 
shall be reduced to ^xI.'j.O ^O.i),K) by the actual redemption of the Treasury notes 
authorized to be re teemed under the act hereby amended; and in the event 
of such reduction to $J5, 000.00) in coin, no greater amount of said bonds shall 
be issued and sold uuder this act than is necessary to keep said redemption 
fund equal to $50,030,000 in coin. 

Tha VICE-PRESIDENT. Is the demand for the yeas and 
nays seconded on the amendment of the Senator from Alabama 
to the amendment of the Senator from Ohio? 

The yeas and nays were ordered. 

Mr. PUGH. I will add that the policy declared in my amend- 
ment is the policy for which the lamented Beck contended in the 
S'.-uate for many years, and in that purpose of his he had the con- 
currence and hoarty support of nearly every Democratic Sen- 
ator. 

The VICE-PRESIDENT. The roll will be called on agreeing 
to the amendment of the Senator from Alabama [Mr. Pugh] to 
the amendment of the Senator from Ohio [Mr. Sherman]. 

The Secretary proceeded to call the roll. 

Mr. QUAY (when Mr. Berry's name wascalled). The Sena- 
tor from Arkansas [Mr. Berry] is paired with myself on this 
question. If he were present I presume he would vote "yea." 
I should vote " nay." 

Mr. BUTLER (when his name was called). I am paired with 
the Senatorfrom Pennsylvania [Mr. Cameron]. 

Mr. DIXON (when his name was called). I am paired with 
tho Senator from Mississippi [Mr. Walthall]. If he were 
present I should vote "nay." 

Mr. FAULKNER (when his name wascalled). I am paired 
with the Senator from Rhode Island [Mr. Aldrich]. 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. Dolph]. I should vote "yea" 
if ho were here. 

Mr. GORDON (when his name was called). I am paired with 
the Senator from Wyoming [Mr. Warren]. 

Mr. COKE (when Mr. Mills's name wascalled). My colleague 
[Mr. Mills] is paired with the Senator from New Hampshire 
[Mr. Gallinger]. 

Mr. QUAY (when his name was called). Upon this question 
I am paired with the Senator from Arkansas [Mr. Berry]. If 
he we e present I should vote " nay." 

Mr. WHITE (when his name was called). I am paired with 
the Senator from Nevada [Mr. Jones]. If he were present I 
should vote " nay." 

The 1 oil call was ordered. 

Mr. PETTIGREW (after having voted in the affirmative). I 
am pairi^d with the Senator from West Virginia [Mr. Camden]. 
T understand that if he were present he would vote "nay," and 
I withdraw my vote. 

Mr. CAREY (aftjr having voted in the negative). I desire to 
withdraw my vote, as this may be construed to be a party ques- 
tion. I am paired with the Senator from .South Carolina [Mr. 
Irby]. I do not know how ho would vote on this question, but 
I withdraw my vote. 

The result was announced — yeas 21, nays 31, as follows: 

YEAS-21. 

Bate. Harris, Power, Vest, 

Blackburn, Hunton, Pugh. Voorhees. 

Call, Kyle, Stewart, Wolcott. 

Cockrell, Mitchell, Teller, 

Coke. Morgan, Turpie, 

Daniel, Pefter, Vance, 

NAYS— 31. 



Allison, 


Gorm,an, 


McPherson. 


Ransom, 


Brice, 


Gray, 


Manderson, 


Sawyer, 


CafTery, 


Hale. 


Morrill, 


Sherman, 


Chandler, 


Hansbrough, 


Paddock, 


Squire. 


Cullom, 


Hawley, 


Palmer, 


Stockbrldge 


Dawes, 


Hiscock, 


Perkins, 


Vilas, 


Felton, 


Hoar. 


Piatt, 


Washburn. 


Fi-ye, 


McMillan, 

h or subiect 


Pxoctor, 

see Index. 





1893. 



CONGRESSIONAL RECORD— SENATE. 



1781 



NOT VOTING-35. 

Aldricli, Colquitt, Gordon, Quay, 

Allen, Davis, Higglns, Sanders, 

Berry, Dixon, Hill, Shoup, 

Blodgett, Dolph, Irby, Stanford, 

Butler, Dubois, Jones, Ark. Walthall, 

Camden, Faulkner, Jones, Nev, Warren, 

Cameron, Galllnger, Mills, White, 

Carey, George, Pasco. Wilson. 

Casey, Gibson, Pettigrew, 

So the amendment to the amendment was rejected. 

Mr. VANCE. I desire to offer an amendment to the amend- 
ment ot the Senator from Ohio, to come in at the end of that 
amendment, and on it I ask for the yeas and nays. 

The VICE-PRESIDENT. The amendment to the amendment 
will be stated. 

The Chief Clerk. Add the following proviso to the amend- 
ment: 

Prodded, That all laws imposlai; any tax on the circulation of bank uot«3 
issued under the authority ol any .State be, and the same are hereby, repealed. 

Mr. SHERMAN. The amendment to the amendment is not 
in order. It is genei-al legislalion, and not upon any subject- 
matter either in the amendment or in the bill. 

Mr. VANCE. I sliould like to know what the character of 
the Senator's amendment is, if my amendment to his amendment 
is general legislation. I think his amendment is general legisla- 
tion likewise. 

Mr. HISCOCK. I desire to make the further point that the 
amendment to the amendment is revenue legislation and can not 
originate here. 

Mr. SHERMAN. I have no objection to a vote. I simply call 
attention to the rule. If the Senator from North Carolina de- 
sires a vote upon his amendment, I have no objection. 

The VICE-PRESIDENT. The Chair does not clearly under- 
stand whether the Senator from Ohio raises a point of order 
against the amendment to the amendment. 

Mr. SHERMAN. If we can have a vote upon it without the 
consumption of time, I shall not insist upon a point of order. 

The VICE-PRESIDENT. Is the demand for theyoasand nays 
on the amendment to the amendment sccoudedy 

Mr. GORMAN. I move to lay the amendment to the amend- 
ment on the table. 

The VICE-PRESIDENT. The question is on the motion of 
the Senator from Maryland to lay the amendment to the amend- 
ment on the table. 

Mr. VANCE. On that I ask for the yeas and nays. 

The yeas and nays were ordered. 

Mr. HARRIS. Let the amendment be read again. 

The VICE-PRESIDENT. It will be again read. 

The Chief Clerk. Add to the amendment the following pro- 
viso: 

Provided, That all laws imposing any tax on the circulation of bank notes 
Issued \mder the authority of any Stats be, and the same are hereby, re- 
pealed. 

The VICE-PRESIDENT. The roll will be called on the mo- 
tion to lay the amendment to the amendment on the table. 

The Secretary proceeded to call the roll. 

Mr. QUAY (when Mr. BERRY'S name was called). I desire to 
announce that the Senator from Arkansas [Mr. Berry] is paired 
with myself on this question. 

Mr. DIXON (when his name was called). I have a general 
pair with the Senator from Mississippi [Mr. Walthall], but 
that pair has been transferred to the Senator from Oregon [Mr. 
Dolph]. I vote "yea." 

Mr. GEORGE (when his name was called). My pair having 
been transferred to my colleague [Mr. Walthall], I vote 
" nay." 

Mr. GORDON (when his name was called). I am paired with 
the Senator from Wyoming [Mr. Warren]. If ho were here I 
should vote "nay.'' 

Mr. JONES of Arkansas (when his name was called). I am 
paired with the Senator from Montana [Mr. Sanders], and 
announce the pair for the day. 

Mr. MILLS (when his name was called). I am paired with 
the Senator from New Hampshire [Mr. GallingekJ. 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. C.\Sey]. If he were pres- 
ent I should vote " nay."' 

Mr. QUAY (when his name was called). I am paired on this 
question with the Senator from Arkansas [Mr. Berry]. If he 
were present I should vote " yea" and the Senator from Arkansas 
would " nay.'' 

The roll call was concluded. 

Mr. BLACKBURN. Is the senior Senator from Nebraska 
[Mr. Manderson] recorded as having voted? 

The VICE-PRESIDENT. He is not recorded. 

Mr. BLACKBURN. I then withhold my vote, as I am paired 
with that Senator. Were he here I should vote " nay." 



Mr. MITCHELL. Mycolleague[Mr. DOLl'Hjisd.tiiinoa from 
the Senate Chamber by illness. Ho is paired with the junior 
Senator from Mississippi [Mr. Walthall]. If mv colleaguo 
wore here ho would vote to lay the amcudmont to the amend- 
ment on the table. 

Mr. BUTLER. I am paired with the Senator from Pennsyl- 
vania [Mr. Cameron]. 

Mr. CAREY (after having voted in the alTIrmative). I am 
paired with the Senator from South Carolina [.Mr Ti-uvl nnd 
this seems to have Ixjcomu apolitical question. 1 lod 

that if ho were present he would vol.- "nuy." 1 my 

vote. 

'Mr. ALLISON. I think I should state that my colleague [Mr. 
Wh^SON] is absent on account of illness, and is paired with tho 
Senator from Georgia [.Mr. COLyfriT). 

Tho result was announced — yeas 10, nays 10; as follows: 
YEAS— 10. 



Aldrlch, 




Gorman, 


M.I'nT...,. 


^•i>i>..r 


Allison, 




Gray, 






Brli". 




Hale. 






Chandler, . 


Hansliro««h. 


!■ . - - 




Culloni, 


X 


ll:i',viev, 


I'.iilii-l' 


StuikbriuKa 


Davis, 


13 


HlKk-mV, 


I'.n.T. 


Trllcr. 


Dawes, 


-o 


Hls,-o.-k, 


I'.lUliis, 


VII ax. 


Dixon. 


c 


H..ar, 


Plait, 


WuNbbum, 


Fi-ltim. 


^^ 


Kyle. 


Power, 


While, 


Frye, 




M.MIIlan, 


Proctor, 
NAYS-ia. 


Wolcoil, 


Bate. 


V) 


Daniel, 


Hunton, 


Turplr, 


C;i(I<Ty. 


1 . 


Faiilknor, 


Mnrunn, 


V. 


Call. 


o 


GeorKe. 


PuKh, 


V. 


Coke. 


<X) 


Harrl.4, 


ItauKom, 


v., 




lo" 


NO! 


%'OTl.S'G— 31. 




Allen. 


3 


(.:asov. 


Hill. 


guar, 

Sanl-r.. 


Berry. 


t/> 


Co kroll. 


Iriiy. 


Bl:ickl.MrB_ 


(•..l.iultt. 


Jitues, Ark. 


Sl|..ll;. 


BlOilRl't 


.o 


Dulph, 


Jones, Nev. 


Slun! r.l 


Buller, 


U- 


Dubois. 


ManderiioD, 


Will" . 


Camden 




GalllDKcr, 


MUls. 


W.r 


Canu-rou, 


Gibson, 


VtiBI-O, 


\Vl. 


Carey, 




Gordon, 


Pelllgrow, 





So the amendment to the amendment was laid on tho table. 

The VICE-PRESIDENT. The -v- •: -^ !;-Binond- 

ment submitted by the Senator fri';. w], 

Mr. PEEPER. ' On that I ask for 

The VICE-PRESIDENT. Tho ( Imir iiii.lLi«lunii« tho yeaa 
and naj's have already been ordered on the amoiulnv!!l 

Mr. BRICE. I oiler an amendment, which I «ri -sk. 

The VICE-PRESIDENT. Theamondmont wil 

The Chief Clerk. It is ])roposed to add to ui'- |»:iuing 
amendment the following: 

And also to maintain at a parity and lulcrchangeablo at tboir nominal ptir, 
all and every series of notes o( tho United StatsB Lviuei ai and circulating 

as currency. 

The VICE-PRESIDENT. The question is on the amend inont 
of tho Senator from Ohio (Mr. Brick) to the amendment of hia 
colleague (Mr. Sherman']. 

Mr. VANCE. I ask for the yeas and nays on tho amondmont. 

Mr. HARRIS. Let the amendment lie a;,'ain read. 1 did not 
catch it, and so could not comprehend its meaning. 

The VICE-PRESIDENT. The amendment wUl bo a^oXa 
stated. 

Tho Chief Clerk read tho amendment to tho amendment. 

Mr. BRICE. Mr. President, I think ' ' my 

amendment to the amendment of my oo! .•oru 

will knowhow to vote undcrstaiidingly u, , 

I understand tho amendment to tho hill oltorod by my col- 
league [Mr. SHER.MANJ, to be not for tho p-ir-'iv-r- of r'i''"i»h- 
ing the Treasury, which from his -' ■ . 1x3 

in a satisfactory condition so far as : hat 

it is to preserve the parity in gold oi iin' i imd ^lai. ^ i r asury 
notes. 

I wish by my amendment to r.-raovo any di-'i"''i"'' '■ ' ■■ . -"i 
the Unitoi States Treasury notes (so-called i a 
of paper money bearing th' impress of the r 
wish that the redemption fund, as well that which is now in llio 
Treasury as that which may bj procur.-d by th" "a!" "f tlm UindB 
proposed to be i-sued, shall 1)0, and shall hr ' }ro, 

held for the purpose of preserving at their .tor- 

changeably, all note-iof th' United States issu ..i . .iting 

among tho people as currcney. 

For that purpo-e I prcpese to add at tho end of the amend- 
ment offered by my collGague an amendment to the cITect that 
the moneys obtained by tho sale of tlies," bonds shall be wivA to 
the e.xtent necessary to carry said resumption act into full efTcct. 
to accomplish the ))urposc8 sol out in my amendment. 

Mr. SHERM.XN. Is that amendment in addition to what has 
been read bv the Secretary. 

Mr. BRIC i:. No; that is to be added to my colleague's amond- 
mont. 



17 



CONGRESSIONAL RECORD— SENATE. 



Februaey 18, 



Mr. SHERMAN. I not only have no objection to the amend- 
ment of my colloag-uo, but I believe that is now in what is known 
as the act of 1890, .sometimes callccl the Sherman law; that it is 
now the law of the land, a declaration of public jjolicy that all 
forms of the money of this country shall be maintained at a 
parity with each other. I balievc the declaration in the amend- 
ment of my colleague is substantially that declaration, and I 
shall vote for it with g-reat pleasure. 

Mr. TELLER. I should like to inquire of the Senator who 
moved this amendment, if he intends by it to include silver cer- 
tificates? 

Mr. BRICE. Silver certificate's, gold certificates, Treasury 
notes, notes issued under the act of July, 1890, and all other 
paper money issued by the authority of the United States. 

Mr. TELLER. Doesthe Senator propose, now, that to the $3-K),- 
000,000 of greenbacks payable in gold, and the Treasury notes of 
about$130,000,000 more, we shall add $327,000,000 of silver certifi- 
cates in circulationV If so, it seems to me that this legislation will 
eventuate in putting upon the Treasury Departmenta very great 
burden, which has not heretofore been put upon it. The silver 
certificates are now circulating as money and arc not redeemable 
in- gold either by law or in practice, and I do not myself think 
that there is any necessity for redeeming them in gold. 

Mr. VANCE. Mr. President 

Mr. Mcpherson. I desire to sav a single word. 

The VICE-PRESIDENT. The Chair has recognized the Sen- 
ator from North Carolina [Mr. Vance]. 

Mr. VANCE. Mr. President, the Senator from Colorado [Mr. 
TKfiijEK] anticipated the inquiry which I had endeavored to get 
the lloor in order to make, by asking the SenatorfromOhio[Mr. 
Brice] if his amendment would include silver certificates, cer- 
tificates issued to be ]3aid in silver at the Treasury, payable on 
demand to the bearer. 

If that lie so, sir, then it seems to me that the amendment can 
only be offered in the interest of those who desire to increase the 
emijarrassment of this country in regard to gold; because if it 
is imiiossible, or if we are finding it difficult, to maintain suffi- 
cient gold in the Treasury, in the face of tlie great demand for 
it from Europe, to redeem the $34(1,000,000 of greenbacks, as a 
matter of course., when there is added to tltat the task of redeem- 
ing some four hundred or five hundred millions of silver certifi- 
cates, the question Iiecomes one too plain to admit of any doubt 
as to its impossibility. 

I ask the Senator from Colorado, what is the amount of silver 
certificates outstanding? I have no Treasury statement before 
me. 

Mr. TELLER. About $327,000,000. 

Mr. VANCE. Tliree hundred and twenty-S3ven million dol- 
lars. That, added to the $316,000,000 of greenbacks, would 
make in the neigliborhood of $700,003,000 thijt we are to provide 
for, and we are to borrow gold in order to redeem those silver 
certificates, which are co nomine payable in silver, we are to 
borrow gold to redeem them. 

Why, Mr. President, if that becomes the law, as a matter of 
course we shall not be able to maintain the gold' standard in 
this country. It will be utterly im])ossible to do so with all the 
gold we have and with all the bonds we can issue. 

I trust, sir, that the Senate will vote down that proposition. 

Mr. Mcpherson, if the amendment otlei-ed by the Senator 
from Ohio on my left [Mr. Brice], shall be added by the vote of 
the Senate to the amendment of the senior Senator from Ohio 
on my right [Mr. SHERMAN], I shall ba under the necessity of 
voting against Mr. Sherman'.S amendment. 

The natural eft'eet of it will be instead of simply supporting 
the greenbacks, as we propose to do under the Sherm.\n amend- 
ment, at a parity with gold and continuing as good as gold the 
$.".4(i, 000,000 of them, which we liave the pledge of the Govern- 
ment novv' to do, and have had this pledge since the passag-e of 
the resumption act, to maintain as good as gold, to add the 
further load of three hundred and odd millions of silver certifi- 
cates and all the Treasury notes which have been issued, and all 
wliich may be issued, under the operation of theSHEKM.VNlaw. 

The Treasury notes issued on deposits of bullion do not go into 
general circulation as the customs reports every day show. 
These notes are massed in New York and they come back every 
day and are redeemed through the custom-house by the Gov- 
ernment. The banks do not hold them as a I'eserve. In some 
of the States you can scarcely find one of these Treasury notes 
held by the banks as a part of their reserve. Look at the daily 
customs ro(;eipts and you will find about 1 per cent of gold and 
about 90-odd per cent of the Treasury notes issued on the deposit 
of Ijidlion coming back into the Treasury. 

Mr. President, if you consider the groat mass of these Treas- 
ury notes which are in the banks of New York, Philadelphia, 
and Boston, and which may bo sent back to the Treasury any 
day and gold demanded for them under the amendment offered 
by the Senator from Ohio [Mr. Brice], you will see that if a hun- 



dred million of bonds were to be issued the parity might not be 
sustained. 

We do not intend to allow the parity to be destroyed. The 
silver certificates are redeemable in silver coin. The Secretary 
of the Treasury is authorized by law to pay the Treasury notes 
issued on deposits of bullion in silver coin. That naturally pre- 
vents them from coming into the Treasury for redemption, for 
the silver coin is of no greater value than the certificates. It 
operates as a stay. The parties holding them would say, "Well, 
we can pass these Treasury notes; they are accepted in payment 
of debts the same ;is gold is accepted, and if wo send them into 
the Treasury we might get nothing but silver coin in exchange 
for them, and therefore we might as well keep our Treasury 
notes in circulation." The only safety we have is that the Treas- 
ury is authorized to pay Treasury notes and silver certificates 
in silver, and provision is made in the Sherman law of 1890 to coin 
silver dollars for This purpose. 

But what more doss the Treasury do? Whenever the notes 
come to the Treasury and gold is asked for they are redeemed in 
gold if we have gold and if the holder of the note demands it. 
Let the Treasury continue in this way and parity is efiectual. 

Mr. TELLER. Do3s the Senator say that is done with silver 
certificates? 

Mr. Mcpherson. I suppose it is done with them. 

Mr. TELLER. Not at all. 

Mr. Mcpherson. I think the senator will find that the 
Secretary of the Treasury would do it with the silver certificates 
under normal conditions. 

Mr. VEST. If the Senator will allow me, I have been informed 
that they have not been paying silver certificates in gold in New 
York. For six weeks the Treasury has not been paying out gold 
for silver certificates. 

Mr. Mcpherson. That may be because there is an insuf- 
ficiency of g.jld at present. That may be the reason why it has 
not b:;en done: but at the same time all these diflferent kinds of 
money are circulating to-day in harmonious relationship with 
each other, and no creditor refuses to accept any of this money; 
and I tell you, Mr. President, our safety consists in the fact that 
the Treasury may redeem these notes in silver dollars, and yet 
up to now the Treasury has given gold when gold was demanded. 
The terms of the law and the wisdom of the Treasury acting in 
concert has settled the question of parity. 

The Senator from Ohio on my left [Mr. Brice] proposes to 
throw wide open the door; and I say it will be inevitable, if you 
put this amendment on the bill, that instead of issuing a few 
millions of bonds to assist the $100,000,000 of reserve we now 
have, you will be required to issue just so many bonds and pur- 
chase just so much gold as the holders of the silver certificates 
and the holders of bullion certificates shall demand of the 
Treasury. They may cartin certificatesat one end of the Treas- 
ury, and you will have to pay gold out in exchange for them at 
the other end of the Treasury in a steady stream. 

To my mind the whole object of the legislation propo.5ed by 
the Senator from Ohio on my left [Mr. Sherman] will be de- 
feated by the adoption of this amendment. I am in favor of 
maintaining all the money we have in circulation on a parity, 
and the Treasury can do that without any such legislation as 
this, 

Mr. SHERMAN. Will the Senator from New Jersey allow 
mo to call his attention to the amendment? Perhaps there may 
be some misapt)reheusion as to it. 

Mr. Mcpherson, certainly. 

Mr. SHERMAN. Upon examining the amendment of my col- 
league, which is very cleai- and which perhaps I had better read. 
the Senator will see that certificates are not included. My col- 
league's amendment is as follows: 

And also to maintain at a parity and interchangeable at their nominal par 
all and every series of notes of the United States issued as and circulating 
as currency. 

That does not change in the slighte.st degree the form or char- 
acter or the responsibility of the certificates. Here is a silver 
certificate. It is not a note. The distinction between a note 
and a certificate is very marked and known to every Senator. 

Mr. Mcpherson. Does not the amendment include the 
Treasury notes? 

Mr. SHERMAN. The certificate reads "that there has been 
deposited in the Treasury of the United Slates one silver dollar 
payable to bearer on demand.'' That is a certificate of deposit. 
It is not a note in any sense. Therefore, I think the amendment 
of my colleague is right. 

The Treasury notes which are issued under the existing law 
are backed, as a matter of course, dollar for dollar with gold and 
with silver. I do not think there is any trouble about those 
notes. Whether they are in or out does not make anj- differ- 
ence. 

This amendment is nothing more than a declaration of public 



181)3. 



COXGRESSIONAL RECORD— SEXATE. 



17i)o 



Senator from "Wisconsin and the Senate to the fact that in the 
month of April, 1891, there was a net export of about $14,000,000 




about $liO,Ono,Oi)0 of Kold in three months. 

From February ];i, ISyi, to ,Tuly 24, of that year, the net ex- 
port uas •$72,0(!O,00O. So the Senator ou<fht not to bo excess- 
ively alarmed at a net export of $37,O00,OiX) in seven months. 
If the Senator will look at the exports ho will find that nuarly 
one-third of that amount wa.s in the month of July alone, there 
being during that month $10,782,368 total export, which leaves 
a little over $10,000,000 net export. Then later, in October and 
November, the imports e.Kceeded the exports. 

There is not any reason to suppose that the exports of gold 
will continue at the rate of $5,000,000 a month, but if thatshould 
be the case it will bo less than the export of gold in 1S1»0 oven 
then, for then it was in round numbers $08,000,000. So there is 
no extraordinary export of gold in those times that ought to 
frigliten auyl ody. That is what I wanted to say. I forgot to 
make the statement when I was on the iloor. 

Mr. GEOKGE. I wish to ask the Senator a question. What 
is the annual jiroduction of gold in this country? 

Mr. TELLER. The annual production of gold in this country 
averages in the last few years from $32,000,000 to $3.3,000,000 a 
year. This year it will be larger than it has been. Probably it 
will bo $36,000,000. The production will certainly bo larger than 
it has been for several years. 

Mr. GEORGE. Then the exports have not exceeded the pro- 
ductions a great deal? 

Mr. TELLEK. I showed the other day when I was making a 
speech that, fairly deducting from the production of gold the 
amount that enters into the arts and sciences, there has not been 
a loss in eighteen months to exceed $6,000,000 of gold. 
Mr. HARRIS obtained the Iloor. 
Mr. VILAS. I wish to say just one word. 
Mr. HARRIS. I yield to the Senator from Wisconsin. 
Mr. VILAS. The Senator from Colorado aims his reply not 
at the affirmation which I made, but only at one branch of it. I 
spoke of the total export of gold and silver, saying that if it wore 
continued for the residue of tho fiscal year at the rate at which 
it had progressed since tho 1st of July last, for seven months, the 
total excess of such export would exceed any year except 1804. 
That apijeaxs to be borne out by the figures from the Bureau of 
Statistics. 

Mr. TELLER. Let me say a word. If the Senator from Wis- 
consin is complaining of the export of silver, that might be true, 
but people who have been complaining of the export of gold are 
very much delighted to have an export of silver. 

Mr. HARRIS. I rose for the purpose of suggesting to the 
Senator from Iowa, who has the bill in charge, that it is now 
after 5 o'clock on Saturday evening, and it seems to me that at 
this or some early hour after this time it would be eminently 
proper that the Senate adjourn. 

Mr. HOAR. I wish before the Senator brings up that ques- 
tion he would allow me to say one word. It will take only one 
minute. 
Mr. HARRIS. I yield to the Senator from Massachusetts. 
Mr. HOAR. The junior Senator from Ohio [Mr. Bkice] has, 
I understand, withdrawn the amendment he proposed to the 
amendment of his colleague. I have not undertaken to say any- 
thing about the question that amendment raised, because I could 
not expect to instruct the Senate as it has been instructed by 
gentlemen whose special studios have made them masters of 
this subject, but I have given as careful study as I could to the 
provisions of the existing law of 1890. 

I wish to say that I should myself, if no other Senator did it, 
renew the amendment of the Senator from Ohio [Mr. BuiCE] 
and insist upon a vote on it but for tho fact that it seems to my 
mind perfectly clear that that amendment, if adoi^ted, would not 
change the law of 1890; that so far as the class of bonds which 
the law of 1890 permitted the Secretary of the Treasury to resort 
to in carrying out the purposes of that act by its reference to the 
resumption act there is an indisputable power in the Secretary 
of the Treasury to dispose of bonds for that purpose: and that 
when a new class of bonds, the 3 per cent bonds, are provided 
for by the amendment of the Senator from Ohio [^Ir. Sherman] 
the same power without any express legislation would exist as 
to them. I believe aud knov/ that to be the opinion of a gi-cat 
many very able lawyers and financiers in this country. 

Mr. BRICE. May I ask the Senator from Massachusetts a 
question? 

Mr. HOAR. In a moment. I wish to say further that in mak- 
ing such feeble statements as I did in the campaign in the fall 
of 18901 insisted to my constituents upon that feature and ofrect 
of the law as being the principal and prominent advantage which I 



wa« ffain<-d from it. I have no doubt whatever that whether tUo 
-' '' bo withdrawn or whether it bo emictoJ, if it shall 

> for tho Secretary of th« Treasury Ui exercise that 

s that one coin ot thia 

•' ^■•^- -'bo 

It 
re 
.lir 
u(t 



"7 
.- I 



an 

11- 
eop 



ly 
ay 

i«j 
ly: 
bo 
ir- 
I he 



I do not ■ 
country is • 
preferred to an. 
is to bo accompli- 
shoidd happen to bo . 
of these coins, or if I 
on either of the - 
or S(H!Culater3,n: 
of tho Trca-urv 

There is nothing in aii> 
understand it, or in the e.-. 
advantage with gold. Th. re i= no 
tion here to redeem silver by gold, 
there is to r ; ' ' ' 

tlios } two ' 

ator in thin ._. ».. ...,.r. ».;.,, 

them at u parity? 

Mr. TKLLEK. A good mans d. 

Mr. HOAR. Is there any n. 
candidate who will fa^'.' h r'.i. 
and avow that he do 
long as they are law,' 
that is, that one coin ■,■•. 
in it, shall l>o the equiil i 
chasing power, with everj, 
country? 

Mr. TELLER. May I ask the Senator a qucatlon? 

Jklr. HOAR. Inaiuojuont. Th" ■!! of tho Sonator 

friyn Ohio [Mr. Bkick] is merely a m of tho oxl^llni; 

law and of the purpose of ' ' 

Mr. TELLEK. I wish ; 'm MiuaaebujicttH 

if he holds that under exi^: _ . ,..ry Doinrtmeat l* 

under obligation to redeem certillcatos in gold coin wbca pre- 
sented? 

Mr. HOAR. I do not jiropose to go into IIk. 

Mr. TELLER. That is the questimi wo v. ^ing on 

the amendment of th ' , •• 

Mr. HOAR. lam <lywaa 

discussing. I am spe.. . ,..„ . . 
the effect of the existing law. 
Secretai-y of the Treasury, if ; 
growing out of natural business causes a 
emergency, or a conspiracy of any of tli 
in the East, but not one of whom Is to be fouiid iu Colur 
all know 

Mr. TELLER. There are a great many Eatitem peoplo out 
there. 

Mr. HOAR. They are all East, in ik- ■[>!.■ il 
is such a conspii-acy, tho Sccre' 
to batlle it bi' resorting to this 
it whether it is a conspiracy desi^'ued to Utj a 

conspiracy designed to depreciate silver; and ■ Ls 

of it. 

Mr. TELLER. I wish to suggest to the Senator from Maitiui- 
chusetts that the iiroposition made by tho Senator from Ohio 
[Mr. Brici:] was to redeem tho silver certificates in gold. That 
is what we are contending for. 

!Mr. HOAR. I do not think that any Sonator uaod tho word 
" redeem." 

Mr. HALE. Mr. President 

The \aCE-PRESIDEXT. Does tho Senator from Tenncaaee 
yield to the Senator fr-"^ \i-,;,>..y 

Mr. HARRIS. O. 

Mr. HALE. I hau ..?o. ^T^. Pr. :,Id.-nt. to lake 

turn and say over aiie 
lias been said by tw. : 
nize the desire of ovi 
Senate. Therefore I 

again what cverylxm . uuu n m ;. !• m lu .m .^' n. 

from Iowa if ho will 

ilr. SHERMAN. L • :i vote. 

Mr. ALLISON. I hope v,e > 

The VICE-PRESIDEXT. H .iToaaomoc 

yield to the Senator from Iowa? 

Mr. HARRIS. ) yield if wo can have a vote. I am ready ? 
a vote, but if w.> . ■. . ■< i..;. ^^ should adjourn. 

Mr. SHKRMX 

The VICEPJ;: . . '- a-ul nays havo Ijccn or- 

dered on agreeing i" o Senator from Ohio 

[Mr. Shek.M-\nJ, and . 1. 

The Secretary proceued to call l.ie ; uU. 

Mr. PUGH (when Mr. Blackburn's name was called). I wa« 



nnd 

ler 

'.a! 

■'l 

we 



111-, re 
!it 



ray 

.'it 

"": 

r 
lior 



1796 



CONGRESSIONAL EECORD— SENATE. 



Febkuary 18, 



requestccl by the Senator from Kentucky [Mr. Blackburn] to 
state that he is paired with the Senator from Vermont [Mr. 
Proctor]. If the Senator from Kentucky were present he would 
vote " nay '' and the Senator from Vermont wouUl vote " yea." 

Mr. BUTLER (wh;n his name was called). I have a g-eneral 
pan- with the Senator from Pennsylvania [Mr. Cameron]: but 
lundoi stand he would vote "yea," as I would vote on this propo- 
sition. I therefore announce my pair with the junior Senator 
from Colorado [Mr. Wolcott], who would vote " nay." 

Mr. GORDON (when Mr. Colquitt's name was called). My 
coUeao-ue [Mr. Colquitt] is paired with the Senator from Iowa 
[Mr. Wilson]. If they were both here my colleague would vote 

Mr. DAWES (when his name was called). The Senator from 
Alabama [Mr. Morgan] does not appear to be in his seat. I do 
not know how he would vote. 
Mr. PUGH. My colleague [Mr Morgan] would vote nay. 
Mr. DAWES. I would vote " yea." Therefore I will with- 
hold my vote. , , ^ , t ,, i 
Mr. DIXON (when his name was called). I have a general 
pair with the Senator from Mississippi [Mr. Walthall]. That 
pair has been, by an avranffcm-nt with his colleague [Mr. 
George], transferred to the Senator from Oregon [Mr. Dolph]. 
I vote " vea." . 

Mr. GEORGE (when his name was called). The pair which 
I had with the Senator from Oregon [Mr. Dolph] has been trans- 
ferred to my colleague [Mr. Walthall], who is absent. I will 
therefore vote. I vote " nay." 

Mr. GORDON (when his name was called). On this question 
and all others I am paired with the Senator from Wyoming [Mr. 
Wakren]. I do not know how he would vote. 

Mr. HANSBROUGH (when his name was called). I am paired 
generally vnth the Senator from Illinois [Mr. Palmer]. I am 
informed by his colleague [Mr. Cullom] that the Senator from 
Illinois would vote "yea" on this question. 

Mr. CULLOM. I think there is no doubt about that, as he 
has spoken on the question. 

Mr HANSBROUGH. I would also vote "yea." I therefore 

transfer my pair to the Senator from Idaho [Mr. Dubois], who 

is absent owing to illness. I withhold my vote for the present. 

Mr. JONES of Arkansas (when his name was called). I am 

paired with the Senator from Montana [Mr. Sanders]. 

Mr. MCMILLAN (when his name was called). I have a gen- 
eral pair with the Senator from North Carolina [Mr. Vance], 
who I understand is paired with the Senator from Illinois [Mr. 
Palmer]. 

Mr. .TONES of Arkansas. The pair of the Senator from Illi- 
nois [Mr. Palmer] with the Senator from Idaho [Mr. Dubois] 
has been announced. 

Mr. McMillan. Then I will transfer my pair to the Sena- 
tor from Wyoming [Mr. Warren], and the Senati^r from Georgia 
[Mr. Gordon] and myself can vote. I vote "yea." 

Mr. PADJDOCK (when Mr. Manderson'.s name was called). 
My colleague [Mr. Manderson] was compelled to leave the 
Chamber a short time since, and is paired with the Senator from 
Kentucky [Mr. Blackburn]. I do not know how my colleague 
would vote if here. I think probably he would vote "yea." 

Mr. MILLS (when his name was called). I am paired with 
the Senator from New Hampshire [Mr. Galltnger]. 

Air. PETTIGREW (when his name was called). I am paired 
with the Senator from West Virginia [Mr. Camden]. If he 
wore present I should vote " nay." 

Mr. PLATT (when his name was called). I am paired with 
the Senator from Virginia [Mr. Hunton], who has been called 
from the Chamber this afternoon. If he were present I should 
vote " yea." 

Mr. PUGH (when Mr. Proctor"S name was called). The 
Senator from Vermont [Mr. Proctor] is paired with the Sena- 
tor from Kentucky [Mr. Blackburn]. The Senator from Ver- 
mont would vote "yea " if present. 

Mr. QUAY (when his name was called). I am paired on this 
question with the Senator from Arkansas [Mr. Berry]. If he 
were present I should vote "yea" and the Senator from Arkan- 
sas would vote "nay." 

Mr. STOCKBRIDGE (when his name was called), l am paired 
with the Senator from Maryland [Mr. Gibson], but I understand 
that if he were present he would vote "y:a." I therefore vote 
"yea." 
The roll call was concluded. 

Mr. DANIEL (after having voted in the negative). I sup- 
posed the Senator from Washington [Mr. Squike] was in the 
Chamber when I voted. I have a general pair v.-ith him. I 
withdraw my vote. 

Mr. PADDOl;K (after having votel in the negative). My 
colleague [Mr. Manderson] is paired regularly with the Sena- 
tor from Kentucky [Mr. Blackburn], Dut I understand that a 
temporarv pair was made between the Senator from Kentucky 



and the Senator from Vermont [Mr. Proctor]. That leaves my 
colleague unpaired. I will pair with the Senator from Vermont 
[Mr. Proctor]. I withdraw my vote. 

Mr. HANSBROUGH. I transfer my pair with the S nator 
from Illinois [Mr. PaLiMER] to the Senator from Idaho [Mr. Du- 
bois] and vote. Ivote"yea." 

I\Ir. ALDRICH (after having voted in the affirmative). I am 
paired with the Senator from West Virginia [Mr. Paulk>jer]. 
but being assured that he would vote "yea" if present, I have 
voted "yea." 

Mr. KYLE. I was requested by the Senator from South Car- 
olina [Mr. Irby] to state that he is p;iired with the Sena or from 
Wyoming [Mr. Carey], and if present would vote "nay." 

Mr. GORDON. I have a general pair with the Senator from 
Wyoming [Mr. Warren]. I understand there is a temporary 
pair made between the Senator from Wyoming and the Senator 
from North Carolina [Mr. Vance], so that I am relieved, if there 
is no mistake about the Senator from North Carolina not being 
paired with anv one else. 

Mr. GORMAN. That is right. 

Mr. GORDON. Then I will vote. I vote "nay." 

Mr. MITCHELL. My colleague [Mr. Dolph] is detained from 
the Chamber by illness. He is paired with the Senator from 
Mississippi [Mr. Walthall]. I am authorized to state that if 
my colleague were here he would vote for this amendment. 

The result was announced — yeas 30, nays 16; as follows; 
yeas— 30. 



Aldrlch, 


Felton, 


Higgins, 


Sherman. 


AUlson, 


Frye, 


Hiseock, 


Stockbridge 


Bri<'e, 


Gorman, 


Hoar, 


Vilas, 


Caltery, 


j*ray, 


McMillan, 


Voorhees, 


Cliandler, 




McPberson, 


Washburn, 


Cullom, 


.^Hansbrough, 


Morrill, 


White. 


D.ivis. 


^ilarris. 


Perkins, 




Di.xou, 


^-Hawlpv. 


Sawyer, 






03 


NAYS-16. 




B.ite, 


<33GeoTge, 


Mitchell, 


Shoup, 


Call, 


c/>Gordon. 


PcfTer, 


Stewart, 


Cofkrell, 


Jones, Nev. 


Power, 


Teller, 


Coke, 


tJKyie, 


Pugh, 


Vest. 




<» notvoting-41. 




Alton. 


I5t):'.wes, 


Mills, 


Squire, 


Bt-rry, 


3 Dolph, 


MorK,an, 
Paddock, 


Stanford, 


lilackburn, 


CO Dubois, 


Turpie, 


Bloilgt'lt, 


Faulkner, 


Palmer, 


Vance, 


Butler, 


JrcalUntter, 
,*-" Gibson, 
"-Hill, 


Pasco. 


Walthall, 


Cauidon, 


PettiHrew, 


Warren, 


Cameron, 


Plait, 


Wilson. 


Carey, 


Hunton, 


Pi-ocior, 


Wolcott. 


Casey, 


Irby, 


Quay, 




Colquitt, 


Jones, Ark. 


Ransom, 




Daniel, 


Manderson, 


Sanders, 





So the amendment was agreed to. 

Mr. ALLISON. On Monday I hope the Senate will convene 
at II o'clock, making no change in the hour, and that wo shall 
take up this bill and proceed with it until it is completed. I 
think that can be done on Monday. There are only two or three 
amendments remaining that will likely lead to debate. 1 desirr 
verv much to finish the bill on Monday. I do not propose to at- 
tem'pt any further progress to-night. I have promised the Sen- 
ator from Missouri [Mr. Vest] that f would yield suflicient time 
to enable him to call up a bill which he states is of pressing im- 
portance. 1 will move to adjourn when that is disposed of. 
message from the house. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House had agreed 
to the reports of thecommittoesof conference on the disagi-eeing 
votes of the two Houses on the amendments of the Senate to the 
following bills: „ ,. 

A bill (H. R. 103fi) for the benefit of Logan, Simpson, Harding, 
and Hart Counties, and of the city of Louisville, Ky., and of 
Sumner and Davidson Counties. Tenn.; and 

A bill (H. R. 92So) to create the California debris commission 
and regulate hydraulic mining in the State of California. 

KANSAS city, PITTSBURG AND GULF RAILROAD. 

I\Ir. VEST. I wish the Senate to consider a bill in regard to 
a railroad in the Indian Territory, which must be passed at once 
it at all. I ask the Senate to proceed to the consideration of the 
bill IS. 3'<73) to authorize the Kansas City, Pittsburg and Gulf 
Railroad Company to construct and operate a railroad , telegraph, 
and telephone line through the Indian Territory, and for other 

purposes. . „ .... t ^-u 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. . . 

The bill was reported from the Committee on Indian Affairs 
with amendments. „„ , -u j 

The first amendment was, in section 3, line 39, after the word 
" by," to strike out " the;" so as to read: 

To appeal by orisjlnal petition to the United State court held at Fort Smith. 

The amendment was agreed to. 



1893. 



CONGRESSIONAL EECOED— SEXATE. 



is:3;3 



to report back adversely the bill (H. R. 456) to limit the juris- 
dictiouof the district and circuit courts of the United State'. I 
■n-as requested to state that the Senator from Alabama [Mr. 
Pugh], the Senator from Texas [Mr. Coke], and the Senator 
from Mississippi [Mr. George], dissent from this reuort. I de- 
sire that the bill be placed on the Calendar with the adverse re- 
port. 

Mr. VEST. 1 simply wish to remark that I was detained from 
the committee meeting- this morning by public business, but if 
present I should have joined with the Senators whose names have 
been given by the Senator from Mas sachusotts in a minority re- 
port upon the bill. 

The VICE-PRESIDENT. The bill will be placed on the Cal- 
endar with the adverse report of the couimittsc. 

Mr. SAWYER, from the Committee on Post-Offices and Post- 
Roads, to whom was referred the bill (S. 2439) for the relief of 
J. M. Lyon, submitted au adverse report thereon; which was 
agreed to, and the bill was postponed indefinitely. 

PRINTING OF EULOGIES ON DECEASED REPRESE.^T.\Tn'ES. 

Mr. MANDERSON. I am directed by the Committee on 
Printing to report favorably two concurrent resolutions of the 
House of Representatives, and I ask for their present consider- 
ation. 

The following concurrent resolution was read, considered by 
unanimous consent, and agreed to: 

Resolvedhtj iJie House of UepretientativfS (the Senate concurring). That there 
beprinlecl of the eulogies delivered In Congress upon the Hon. Melbourne 
H. Ford, late a Representalivo from the State of Mi(:iii",'an, S.OiO copies, of 
which 2.003 copies shall be delivered to the Representatives and Senators of 
that State, and of the remainin;; uumber, 2.0(Xi copies shall be for the use of 
the Senate and •l,0C'O cojiies for the use of the House. aiiJ of the quota of the 
House of Representatives the Public Printer shall set aside 50 copies, which 
he shall have bound in full morocco with gilt edges, the same to be delivered, 
when completed, to the family of the deceased. And the Secretary of the 
Treasury is hereby directed to have engraved and jirinted. at the earliest 
day possible, a portrait of the above to accompany said eulogies. 

The following concurrent resolution was read, considered by 
unanimous consent, and agreed to: 

Rei>olvedby the HoHseof Representniives {the Senate concurring), Th^.t there 
be printed of the eulogie ^ delivered in Congress upon the Hon. John W. Ken- 
dall, late a Representative from the State of Kentucky, 8.000 copies, of which 
2,000 copies shall be given to the Senators and Representatives of that 
State, and of the remaining number 2,000 copies shall be for the use of the 
Senate and 4.000 copies for the use of the House, and of the quota of the 
House the Public Printer shall set asideSO copies, whichhe shall havebouiML 
in full morocco with gilt edges, the same to be delivered, when completed, 
to the family of the deceased. And the Secretary of the lYeasury is hereby 
directed to have engraved and printed, at the earliest day practicable, a por- 
trait of the deceased to accompany said eulogies. 

Mr. MANDERSON. I desire to state as to both these concur- 
rent resolutions that they conform in their terms to the provi- 
sion of the general printing bill, which has passed both Houses 
and is in conference. 

Mv. COCKRELL. So I understand. 

PUBLICATION OF CENSUS REPORTS. 

Mr. MANDERSON. I ask unanimous consent that the Senate 
consider the bill (H. R. 8.5.S2) to provide for the publication of the 
Eleventh Census. The bill was passed over to enable the Sen- 
ator from Missouri [Mr. C'OCKRELL] to make a little investiga- 
tion concerning it. I feel that it is important it should be con- 
sidered and pas.sed before we close the consideration of the sun- 
dry civil appropriation bill. I therefore ask for its jjresent con- 
sideration. 

Mr. COCKRELL. The bill ought to be considered now. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

Mr. COCKRELL. Does the Senator from Nebraska know 
what will be the cost of the Statistical Atlas independent of the 
otlier volumes or v,-hether it will be more expensive than the 
others? 

Mr. MANDERSON. The estimated cost of the Statistical 
Atlas, for 1,734 copies, is $34.6S0. The additional 10,000 copies 
will make the total cost $234, 6S0. That is the most expensive 
part of the publication. The report accompanying the bill, Re- 
pori No. 12S1, gives a full statement concerning the entire sub- 
ject-matter. 

Mr. COCKRELL. That is one of the volumes which will bo 
called for very largely. I do not know whether that particular 
publication is a valuable one or not, but a great many people 
always want to see the atlas. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

JAMES MORRISON. 
Mr. CHANDLER. I am directed by the Committee on Naval 
Affairs, to whom was referred the bill (H. R. 1479) to remove the 
charge of desertion from the record of James Morrison, alias 
.James C. Mcintosh, to report it favorably without amendment, 
and I ask for its immediate consideration. 



The VICE-PRESIDENT. The bill will be i-oad for informa- 
tion. 

The bill was read. 

Mr. COCKREIjL. I should like to hoar .■-oiuo e.\i)luniition of 
the bill, proposing as it does to give this man back puv and 
bounty after the lapse of forty-live years. 

Mr. CHANDLER. There is a full i-cport made in the other 
House on the subject. 

Mr. COCKRELL. I think wo had bettor have an opDortunity 
of s -eing it. Let the bill go on the Calendar. 

Mr. HOAR. The bill went over th^ .' ' ■ i. 

tor will allow rao to make a two-min 
if anybody wants the bill logo over, it , ...,, ..,, ^.,.,,..^\ 

Mr. COCKRELL. I will hear tho Senator's statement witii 
pleasure. 

Mr. HOAR. This person enlisted in 1SJ7. or in 1848, I have 
forgotten the exact date, but about that time, as a bov, iindornfj 
assumed name. I presume he ran away. Ho .■ ' " 
Navy anil was on tho California c last when th' 
were discovered. Ho and a lx)afs crow of sailor-.-- . ..u ..,> .. . . .i, u 
good many sailors did from all tho sUipi, and went to the dlg- 
gins. 

Mr. COCKREF^L. I remember all about tho case now, and 
I have no objection to tho consideration of the bill as far at 1 am 
concerned. 

The VICE-PRESIDENT. It there is no objection, tho blJl ia 
before the Senate a? in Committee of the Whole. 

Mr. HOAU. Let mestate the facta. Then in 1S53 he enlistod 
again under his own name and he has been in the naval wrvlco 
of the United States for forty years. There is a letter of .\d- 
miral C. K. P. RoJgersstating'what an excellent sailor he lias 
been. Ho served with him in several cruises. There are 
other letters of tho highest authority. Tho letter of Aiimiral 
Rodgers was written fifteen years ago for another purpose en- 
tirely. 

Now, the question is whether for that boyish d -.•ii!..ti h >!!B'i 
who has been in the service of the country for '■ i i 

who served through tho war and has been an c.\ ,;i. 

lant seaman, should not have this boyish cscjipado of niuuing 
away to the gold diggings and deserting stricken off. That is 
the whole story. 

Ml-. COCKRELL. When the Senator began to stato the fiictfl, 
I remembered hearing of this case before and the Rubstantial 
facts in it. I think the charge ought to lx> roinovcd from him, 
but the only question is in regard to the b.ick pay, etc. 

Mr. HOAR. If the Senator will pardon me. I made a state- 
ment the other day, asking to put the bill on its passage when 
it came from the other House, and aS'nator very projierly lusked 
that it bo c insiderod by a committee here. The committee have 
considered the bill and report it back favorablv. 

Mr. COCKRELL. What about the back i)ay-:' 

Mr. HOAR. He is to have the efTect of the forty years' serv- 
ice under his own name without any eCfcct whatever owing; to 
his desertion when he was a boy. 

Mr. CHANDLER. He do-erted from the storeship Lexing- 
ton in 1.S47. Ho served all through tho war and was wounded at 
the battle of Mobile Bay. Tho Senator from Mi.--80uri remem- 
bers the facts. It is a very meritorious case. 

Mr. HOAU. The bill gives him pay only up to tho time of 
his desertion. There is no objection to that. 

The bill was reported to the Senate without amendment, or- 
dered to third leading, read the third time, and passed. 

MATERIAL IN LIBR.XRY BUILDI."<G. 

Mr. VOORHEES. From t'ao Select Committeeon Addlti.-mal 
Accommodations for the Library of Congress, I submit a report 
touching the resolution introduced by the.Senator from Tennes- 
see [Mr. Harris] on the 30th of .January la-st in regard to the |)ur- 
chase of building material from foreign countries to be used in 
tho construction of the Library building. I ask that the report 
be printed for the use of the Senate. 

The report was ordered to lie on the table, and be printed. 

message from the HOUSE. 

A message from the House of Representatives, by Mr T. O. 
TowLES, its Chief Clerk, announced that the House ! 
concurrent resolutions providing for the printing of ^ 
each of the eulogies delivered uiion Hon. Eli T 
house, late a Representative fron tho State of - 
and Hon. Edward F. McDonald, lata a Represenu ... ..•,.. >uo 
State of New Jer-sey; in which it requested the concurrence of 
the Senate. 

The message also annoanced that the House had passed aeon- 
current resolution providing for the printing of tho ann lal re- 
port of the Commissioner of Education for lMtO-'91: in which It 
requested the concurrence of the Senate. 



1834 



CONGKESSIONAL RECORD— SENATE. 



Febeuaey 20, 



The message further communicated to the Senate resolutions 
commemorative of the life and services of Hon. Joliti G. War- 
wick, lat^ a lte}3resentative from the State of Ohio. 

The message also announced that the House had. passsd the 
bill (S. 4;^) for the relief of the personal representatives of Ade- 
lioia Cheatham, deceased, with an amendment, in which it re- 
quested the concurrence of the Senate. 

ENROLLED BILL SIGNED. 

The message further announced that the Speaker of the House 
had signed the bill (H. R. 1036) tor the heuefitof the State of Ken- 
tucky. Logan and Simpson Counties, and of Louisville, Ky., and 
of Sumner and Davidson Counties, Temi., and it was thereupon 
signed by the Vice-President. 

AMENDMENTS TO APPHOPRXATION BILLS. 

Mr. HALE submitted an amendment intended to be proposed 
by him to the deficiency appropriation bill: which was re:erred 
to the Committee on Approi^riations, and ordered to be printed. 

Mr. MITCHELL submitted two amendments intended ty be 
pro, osed by him to the deficiency appropriation bill; which vrero 
referred to" the Committee on Claims, and order.;-d to be print-jd. 

INDEX OF GOVERNMENT PUBLICATIONS. 

Mr. MANDERSON submitted the following concurrent reso- 
lution; whirh, with the accompanying paper, was refei-red lo 
the Committee on Printing: 

Jiesolved by the Senate (tht House of Reprtsenl'itivet concurring). That there 
be printefl an:l boun I. at th3 Goveramsnt Printini Oaice, 3.U00 co5!ies or a 
compi-ehensiTe index of the publications ot the Fifty-arst ani Fifty-second 
Congresses, prepared by John G. Ames, superintendent ot documents— nOO 
for ihe use of the Senate. l.OJi) for the use of the House of Representatives. 
and 1.500 for distributloa by the said superintendent of docuaienis. 

PRESIDENTIAL APPROVALS. 

A message /rom the President of the United S;at3S, by Mr. O. 
L. I'RUDEN, one ot his secretaries, announced that the President 
had on the i'^th instant approved and signed the following acts 
and joint resolution: 

An act (S. 741) to incorporate the Eclectic Medical Society of 
the District of Columbia; 

An act (S. 1683) for the relief of Mrs. Fannie N. Belger; 

An a^t (S. 2852) to change the name of the Capitol, North O 
Streelfand South "Washington Railway Company: 

All act (S. .3830) to authorize the Union Railroad Company to 
construct and maintain a bridge across the Monongahela River: 

and 



A jmnt resolution (S. R. 130) to amend an act entitled "An act 
making Saturday a half-holiday for banking and trust companies 
in the District of Columbia," approved December 22, 1892. 

The message also announced that the President of the United 
States had, on this day, approved and signed the act (S. 2946) to 
"amc'^S an act entitled "An act to incorporate the Masonic Mut- 
ual Relief Association of the District ot Columbia,'' approved 
March 3, 1869. 

ESTATE OF ADELICIA CHEATHA.M. 

The VICE-PRESIDENT laid before the Senate the amend- 
ment ot the House of Representatives to the bill (S. 43) for the 
relief ot the personal representatives of Adelicia Cheatham, de- 
ceased; which was in line 5, to strike out the wo.^ds '•with in- 
terest from October 29, 1868." 

Mr. HARRIS. Theeffectof the amendment is merely to strike 
oft the interest. The Senate passed the bill allovi'ing interest, 
as I think ought.to have been done; but I now move tliat the 
Sen.ite concur in the amendment ot the House ot Representatives. 

The motion was agreed to. 

SUNDRY CI\aL APPROPRIATION BILL. 

The VICE-PRESIDENT. It there be no fui-ther morning 
business that order is closed, and the Calendar under Rule VIII 
is in order. . 

Mr. ALLISON. I move that the Senate proceed to the con- 
sideration ot the bill (H. R. 10238) making appropriation for 
sundry civil expenses of the Government for the fiscal year end- 
ing June 30. 1894, and for other purposes. 

The motion was agreed to; and the Senate, as in Committee 
of the Whole, resumed the consideration of the bill. 

Mr. PLATT. I wish to call the attention of the chairman of 
the committee to the general provision on pages 99 and 100 
about the payment of fees of commissioners and justices of the 
peace acting as United States commissioners. I suppose it is 
claimed that in some sections of the country there is an abuse ot 
the authorityof commissioners that costs the Government a good 
deal of money, and, if so, it ought to be rectified; but I think this 
provision would work great injustice and inconvenience in a good 
many of the States. 

I therefore want to propose some amendments to it, which I 
should be glad to have the committee accede to, so that the mat- 



ter may go into conference and be carefully considered in con- 
ference as to what is best to be done. 

In the first place, in line 14, on page 99, after the words '• rev- 
enue laws," I move to insert: 

Unless said fees have been taxed against and collected from the defend- 
ant or. 

Mr. ALLISON. I have examined, so far as I could, the sug- 
gestion made by the Senator from Connecticut, and I think the 
amendments proposed — there are two or three of them — are an 
improvement. I should be glad if he would have printed in the 
Record, for the use of the conferees, so that the other House 
may see the reason for these amendments, a letter which he was 
kind enough to show me. 

Mr. PLATT. I shall be very glad to do so. 

Mr. ALLISON. With that understanding I shall not object 
to the insertion ot the amendments suggested by the Senator 
from Connecticut. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. On page 99, line 14, after the word" laws," 
insert "unless said fees have been taxed against and collected 
from the defendant, or; " so as to read: 

And hereafter no part of any money appropriated to pay any fees to the 
United States comniissiouers, marshals, or clerlis shall be used for any war- 
rant issued or arrest made, or other fees in prosecutions imder the internal- 
re\'enue laws, unless said tees hare been taxed against and collected from 
the dotendant, or unless the prosecution hasjbeeu commenced upon a sworn 
complaint, etc. 

Mr. GORMAN. That is all right. 
The amendment was agreed to. 

Mr. PLATT. At the end ot line 18, on page 99, I move to in- 
sert "United States district attorney; " so as to read: 

Or upon a sworn complaint by a United States district attorney, collector 
or deputy collector of internal revenue or revenue agent. 

The amendment was agreed to. 

Mr. PL.\TT. Now, in order that the whole matter may go into 
conference, I move to strike out the proviso on the bottom of page 
99 and running over to page 100. The letter which I will send 
up suggests what I think is a better provision. It that amend- 
ment is agreed to I will ask to have the letter which I present 
from the clerk of the court in Connecticut printed in the Record. 

The VICE-PRESIDENT. Does the Senator from Connecticut 
desire to liave the letter read? 

Mr. PLATT. No; I do not ask to have it read. I desire to 
have it go into the Record for the benefit of the conference com- 
mittee. 

Mr. FAULKNER. I should like to have some reason stated 
why the Senator fi-om Connecticut desires to strike out the pro- 
viso. It strikes mo that that is a very important provision, one 
that is humane in its character, and should be enforced. 

Mr. PLATT. In Connecticut there are practically but two 
commissioners who do any business in the State. They are at 
Hartford and New Haven. They transact all the business ot 
trials before United States commissioners with less inconven- 
ience to the State and more for the interest of the Government 
than would be the case it there was a commissioner in every 
county. The clerk of the court in Connecticut suggests a sub- 
stitute for that provision which I think is better. My only idea 
is that the matter may go into conference and may be examined 
when it gets into conference. 

Mr. ALLISON. I suggest to the Senator from Connecticut 
that he have the substitute read. I think it will perhaps meet 
the suggestion of the Senator from West Virginia. 

Mr. GORMAN. Let the proposed amendment be read. 

Mr. FAULKNER. I ask that it be read. 

Mr. PLATT. The Clerk says: 

The foUovrtng would be a good substitute for the whole business, commenc- 
ins back to ■■dollar.s," in line 10, of page 99: 

But no prosecutions shall be commenced under the mtemal-revenue laws 
or fees ot any kind paid but upon proceedings commenced upon the com- 
plaint ot the United States attorney for the district where the offense Is com- 
mitted, and it shall be his duty to present his complaint and carry on his 
Ijrosecution before such proper magistrate residing convenient to the place 
of arrest where the attendance of the United States attornej', marshal, and 
witnesses and of the accused can be had at least possible expense to the Gov- 
ernment. 

Mr. HALE. Does that limit the prosecution to proceedings 
by the district attorney? 

Mr. PLATT. The idea is that all complaints shall be com- 
menced by the United States district attorney, and practically 
that is the case in Connecticut. 

Mr. HALE. I thought the language commencing after " dol- 
lars." as it was read, confined prosecutions entirely to those ini- 
tiated by the district attorney. 

Mr PLATT. It does. 

Mr. FAULKNER. That I understand is the meaning of the 
substitute, but as the bill has been amended by the Senate it 
does not limit it to the district attorney. 



1893. 



CONGKESSIONAL RECORD— SENATE. 



1839 



Vt., which is now pendinop, where the limit of cost was fixed at 
$60,000, and we are asked to increase the limit. 

For the post-office building at Saginaw, Mich.. $100,000 was 
the limit of cost, but no contracts have been made for the build- 
ji ing, though the site has been paid for. The same is the case as 
to the post-office building at Salina, Kans., where the limit of 
cost is $75,000. For the post-office, court-house, etc., at San 
Francisco, Cal., no limit was fixed by the law, and while the site 
has been paid for no contracts have been made for the building. 

For the custom-house and post-office building at Sheboygan, 
Wis., $50,000 was the limit of cost, and while the site has been 
paid for, no contract has been made for the building. For the 
court-house, post-office, and custom-house at Siou.x Citj', Iowa, 
$250,000 was the limit of cost, $165,000 of which was appropriated, 
and the site has been paid for, but no contracts have been made 
for the buildings. For the post-office at South Bend, Ind., ST5,O0O 
was the limit of cost, and the site has been paid for though no 
contracts have been made for the building. 

The same is the case for the post-office at Staunton, Va., where 
$75,000 was the limit of cost: also at Stockton, Cal., where $75,- 
030 was the limit of co^t; and for the post-office also at Taunton, 
Mass., where $75,000 was the limit of cost. The same is also 
true of the alterations and improvements to the marine hospi- 
tal at Vineyard Haven, Mass., where $21,250 was the limit of 
cost, and for the post-office building at Youngstown, Ohio, $75,- 
000 was the limit of cost, but no contracts have been made for the 
building, though the site has boon paid for. 

Mr. President, every one of these cases has been provided for 
by law, but o! that great amount of money provided for in the 
bills for the erection of those buildings scarcely any has been 
appropriated. 

Mr. CULLOM. Are they all limited as to amount? 

Mr. GORMAN. They are all limited as to the amount. 

I have read the appropriations in the original laws which au- 
thorize the construction of these buildings. Now, there stands 
upon the books of the Treasury Department $11,000,000 which 
must be appro ijriated to construct the buildings within the limits 
fixed in the original acts; and yet wo are confronted with cases 
which will amount to over $2,000,000 at thissession, which under 
the rules of the Senate can be voted in the appropriation bills, 
as they have been recommended by the Committee on Public 
Buildings and Grounds. 

Mr. President,! submit, after what has been said on both sides 
of this Chamber, that it is a fact that a serious and alarming con- 
dition confronts us, one which was brought to us all on Saturday 
last when we endeavored to provide to some extent to prevent 
disaster, not fully, fori believe firmly that we have only touched 
the borders of that trouble, and that the real trouble is that our 
revenue laws do notproducesufficientmoney topay the expenses 
of the Government as now fixed. Before July next extraordi- 
nary action will have to be taken, in my judgment, by the men 
who control the financial affairs of the Government to meet that 
emergency or Congress will have to be reassembled to meet the 
emergency by making adequate provision for it. 

This body, in opposition to the earnest recommendation of the 
Committee on Appropriations, increased the appropriations in 
this bill for rivers and harbors neai-ly $4,000,000, swelling up the 
amount of the bill and making a bill which already carried $H,- 
000,000. greater by far than any similar bill ever passed by this 
body. Now we are asked to increase the limit of cost of public 
buildings, which may be necessai-y for the conduct of public af- 
fairs, which it may bo economy in the end to construct; but I 
submit, Mr. President, that it is neither wise in an individual 
nor in a government to create greater obligations than can be 
paid. 

With $8i,000,000 already contracted for, which, to maintain 
the honor of the Government, we shall be bound to provide for 
after this Congress, it is not wise for us to go on in this direc- 
tion. I had hoped, upon reflection, that this great body would 
yet reconsider its vot3 upon the items which the Committee on 
Appropriations had recommended should be reduced, and thus 
save great embarrassment to those who are to manage the finan- 
cial affairs of the Government. That may not be possible; but I 
submit to the Senate that we ought not to increase our obliga- 
tions, and that we ought not to add to this bill more than it now 
contains. 

There are possibly one or two cases— and I think there are — 
where the emergency is so great that we may have to increase 
the appropriation. I have one in mind; but it is not necessary 
to discuss it now. In such cases, as a matter of course, we must 
take the responsibility; but in such a case as that which is now 
before us in relation to the public building at St. Albans, Vt., 
if we do not appropriate now the construction of the building 
will only be delayed until the Treasury is in a condition to fur- 
nish the amount of money necessary. In the mean time the au- 
thorities can continue to rent a building or camp out, if you 



I 



j please, in that splendid climate in summer. Wo 1 
I even do that than to ojwn the door and emiiarrass the 
as I believe it will be embarrassed, if we make these ui.mh. .; m- 
tions at this time. 

Mr. MORRILL. I desire a vote on the ivii.iiu ' u,;.-<!ion T 
do not like to have this little item, which i.~" , 
sable, killed by briniring un other it 'ms w 
equal merit. I ho: .;: i^. ukcu ou Iho 

amendment, in orii' of 

Mr. FELTOX. W... . 
for the information of t 
building at San Franci.-r 
tee [Mr. Allison] has spokuu. 

The facts in relation to that buiMing ar<» thi^c- Tw i ar.i'i'O 
priations wore made, ai . 
purpose of purchasing a 
That is the extent to v. 
there remains of that aj. 
at any time when the ]•: 

Through the Treasury Uopai" 
made as to the roquircmcnta of th. 
stated and the number of superliciul ; 
quired to construct a building adequat 
to bo carried on there. Thev hav ' 
ing will cost about •$;i,0CKJ,U0O, $21- 
fore remarked, alrcaJy appropr:a- 
tain and to serve the purposes of ; 
internal-revenue system, the pos' 

Army and Navy, for which I am l-ld routn aro now bviag |>aid 
in San Francisco amounting to about $2-">.i^o jvn- imifitn. 

It would seem that the GovL'rnuiunt h 
and having made an approjuiatiun. wi' 

go on with this building, uft-jr a.s :i, ,.. u-, 

cost as could be made by the Tr^M 

I hope Senalora will make an ■ . , ,.f smi 

Francisco, as no appropriation of mon 
amount which the building is tocos' !<<' 
wo can not use the $240,(H)O which .-.o. 

The VICE-PUi:SIDENT. Th : on the oraondmonl 

of the Senator from Vermont [Mr. .»i pi:i;ii.i,J. 

Mr. CALL. Mr. President. I do notpropo^o to di-lay the Sun- 
ate. I coniur with a great deal which ^ •- i < --.ii i,, ti,..~. 

ator from Maryland [.Mr. Goh.\l\N'], bni 

that I do not share in the apprehension 

with its powerful resources can bj seriouoly u. . Uk- 

present condition of public aflairs, or by aiiy ■ 'ti of 

bankers or financial men, either abroad o. 

sources rest upon the groat IxDdy of the .'i 

manufacturing intorests of the co"'.' 

proper adjustment of our interna! 

serious inconvenience to tho pool'. 

conduct of the Government and its o.\puudiluros in all its 

branches. 

The idea of a panic, that this great ; 
tions are constantly menaced by the C' ■ 
viduals or by bankers abroad ov ■■\' ' 
no just foundation. With proper 

onward, and easily onward, to u „ , , 

than has yet been found in any government up to our prosont 
time. 

I think, however, we ought to bo careful in • 
until there shall bo a new system of rovenu>' ; 
what it is that the Government shall ! 
view the Committee on Appropriation 
careful circumspection, butit ought niL . 
any public work now authorized by law and 
priation for its progress shall be out olT and - 
construction. 

But the committee thought that thore was enough monoy al- 
ready appropriated and within reach fo:- ' 
of those public works. In that point c: 
and I think wisely — and that ought to uu.; 
sideration of the Senate, as it ought to ha-, 
priations for rivers and harbors— that we s' 
ate what is really necessary until another Coni: ■ 
the opportunity of dealing with tho subject. In ■■ ■ 

view, I submit, Mr. President, that it i=- to in- 

crease these expenditures or tho c.-tim:: 

Tho VICE-PRESIDENT. The - 'o tho 

amendment of the Srnatrir from \' 

Mr. MORRILL and Mr. GOR-V . ^-- and 

nays. 

The yeas and nays were ordered, and tho Secretary procooded 
to call the roll. 

Mr. GORDON(when his name was cAlledl. I am paired with 
the Senator from Wyoming [Mr. Warren]. 



1840 



CONGRESSIONAL RECORD— SENATE. 



Februaiiy 20, 



Mr PASCO (when his namo was called). I am paired with 
the Senator from North Dakota [Mr. Casey]. If he were pres- 
ent I should vote " nay." 

Mr. GEORGE (when Mr. Walthall's name was called). 
My colleague [Mr. Walthall] is still detained from the Senate 
by indispo-sition. He hasa general pair with the Senator from 
Rhode Island [Mr. Dixon]. 

The I'oll call was concluded. 

Mr. PETTIGREW (after having voted in the afiirmative). I 
am paired with the Senator from West Virginia [Mr. CamdenJ, 
and therefore withdraw my vote. 

Mr. DIXON. I am paired with the Senator from Mississippi 
[Mr. Walthall]. My colleague [Mr. Aldrich] is paired with 
the Senator from West Virginia [Mr. Faulkner |. 

Mr. CULLOM. I inquire if the Senator from Delaware [Mr. 
Gray] has voted. 

The VICE-PRESIDENT. Ho is not recorded as voting. 

Mr. CULLOM. Then 1 withhold my vote, as I am paired with 
that Senator. 

Mr. BUTLER. I am paired with the Senator from Pennsyl- 
vania[Mr. Cameron]. If he were present, I should vote " nay," 
and ho would vote " yoa." . 

Mr. HUNTON. My colleague [Mr. Daniel] is paired with 
the Senator from Washington [Mr. Squire]. 

Mr. FAULKNER. I am paired with the Senator from Rhode 
Island [Mr. Aldrich]. 

M)-. GORDON. I wish to announce the pair of my colleague 
[Mr. Colquitt] with the Senator from Iowa [Mr. Wilson]. 

Mr. GEORGE (after having voted in the negative). I did not 
notice the absence of the Senator from Oregon [Mr. Dolph] and 
voted. I have ageneral pair with him, and therefore withdraw 
my vote. 

Mr. MITCHELL. I desire to state that my colleague [Mr. 
Dolph] is detained from the Senate by illness. 

Mr. HISCOCK (after having voted in the affirmative). Is the 
Senator from Arkansas [Mr. Jones] recorded as voting? 

Tlie VICE-PRESIDENT. He is not recorded. 

Mr. HISCOCK. Then I withdaw my vote, as I am paired with 
that Senator. 

The result was announced— yeas 27, nays 20; as follows: 



Allison, 

Chandler, 

Davis, 

Feltou, 

Frye, - 

Gallmper, ci 

Hansbrough,^ 



Hawley, 

Hoar, 

McMillan, 

Manderson, 

Mitchell, 

Morrill, 

Paddoclc, 



YEAS— 27. 

PeJfer, 

Perkins, 

Piatt, 

Power, 

Proctor, 

Quay, 

Sawyer, 

.NAY'S— 20. 



Stewart. 

Stockbridgo, 

Teller, 

Vest, 

Washburu, 

Wolcott. 



Sherman, 

Turpie, 

Vance, 

Vilas. 

Voorhees. 



Pettigrew, 

Ransom, 

Sanders, 

.Shoup, 

Squire, 

Stanford, 

Walthall, 

Warren, 

White, 

Wilson. 



Bate, ^, Cockrell, Hunton, 

Berry, 2^ Coke, Kyle, 

Blackburn, ^ Gibson, Morgan, 

Bricc Gorman, Palmer, 

Call, *^ Harris, Pugh, 

^ NOT VOTING -40. 

Aldrich, Iq" CuUom, Hale, 

Allen ^ Daniel, Higgms, 

Blodgett, en Dawes, HIU, 

Butler Dixon, Hiscock, 

CaHery, J:r Dolph, Irby, 

Camden, ,° Dubois, Jones, Ark. 

Cameron, '-'- Faulkner, Jones, Nev. 

Carey, George, McPherson, 

Casey! Gordon, Mills, 

Colquitt, Gray, Pasco, 

So the amendment was agreed to. 

Mr. WOLCOTT. I offer an amendment, and ask to have it 

The VICE-PRESIDENT. The amendment of the Senator 
from Colorado will be stated. 

The Chief Clerk. On page 60, line 9, before the word " thou- 
sand," strike out " two hundred " and insert " one hundred; " so 
as to read: 

For topograiAic surveys iu various portions of the United .States, $100,030. 

Mr. WOLCOTT. I desire to have the whole amendment re- 
ported. ^ 

The Chief Clerk. In line 9, page 60, before the word ' thou- 
sand" strike out "sixty " and insert " forty; " in line 1(3, page 00, 
before the word "thousand," strike out "seventy" and insert 
"one hundred;" and in line 9, page 61, before the word "thou- 
sand," strike out "four hundred and fifty-three" and insert 
"three hundred and eighty-three." 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the Senator from Colorado. 

Mr. WOLCOTT. Mr. President, the Senate Committee on 
Appropriations has added $6-1,000 to the appropriations for the 
Geological Survey as the bill came from the other House. The 
additions which have been made cover additional publications 



and the employment of two additional geologists. The amend- 
ments which have been made are in my opinion of the wisest 
character and add greatly to the usefulness and scope of the 
Geological Survey. When the appropriations were cut down 
last year the cuts were made by the Director of the Survey out 
of geology, the purpose, and the sole purpose, for which this 
whole institution was founded, yet the geological survey was 
the branch of the Department which bore the loss caused by the 
diminution of the appropriation. 

The appropriation for this year as submitted by the House of 
Rr'prosentatives is $389,000. The Senate committee has added 
to it, as I have stated, $64,000, making the total appropriation 
$453,000. However, the appropriation last year was in fact a 
good deal more. This was apparently about the appropriation 
of last year, but the appropriation is in fact a great deal more 
than appears in the particular items named. The appropria- 
tion last year for the Geological Survey, including its printing, 
its engraving-, etc , was really $469,000; and with the appropria- 
tions of $389,000 as the appropriation bill came from the other 
House the additions made here will bring up the amount to nearly 
that sum. 

The amendments which I have offered can ba stated in a mo- 
ment. The bill as it stands gives topography $200,000 and makes 
$60,003 of this amendment to be expended in North Dakota, 
South Dakota, Nebraska, Kansas, Te.xas, and the Territory of 
Oklahoma, one-half the remainder west of the one hundred and 
third meridian. 
Mr. PLATT. What is the particular object of that work. 
Mr. AVOLCOTT. I will come to that. The proposed amend- 
ment strikes out one-half the amount ajjpropriated and gives to 
those States which under this aopropriation would be entitled 
to three-tenths a little more than that amount, leaving $40,000 
instead of $60,000 to be expended in those States and making 
one-half the remainder to be expended as provided by the bill. 

My amendment, then, raises the sum appropriated for the Geo- 
logical Survey from $70,000 to $100,000. Some of that amount 
I luiderstand should be expended (and an amendment may possi- 
bly be offered requiring that it shall be expended) in the Terri- 
tory of Alaska, but whether it be expended thei-e or not I think 
I can satisfy the Senate iu a few moments that the appropria- 
tion should be at least one-half of the amount appropriated for 
topography. 

This whole subject was discussed at some length, as many 
Senators will remember, abouteightmonthsago. At that time, 
upon the motion of the Senator from Wyoming [Mr. Warren], 
there were material cuts made in the sums which had thereto- 
fore been annually appropriated for the Geological Survey. It 
was then suggested, and a resolution was offered to the effect, 
that an investigating committee should be appointed as to the 
whole Geological Survey, to investigate its needs, its methods, 
the probable sum required iov its continuance, the amount that 
would probably be required for its completion, and the number 
of years its completion would take. The Senate acted favorably 
upon that resolution and a special committee was appointed of 
which I was made the chairman. That committee has not re- 
ported. That committee comes before the Senate at this time 
without official information to give the Senate. 

The special committee was appointed in the summer. At that 
time I had hoped and believed that we might in vacation institute 
these inquiries and take some testimony. I found that the other 
members of the committee as well as myself were more or less 
engrossed with political mattors. The summer and fall wera 
consumed in the Presidential election and there was no oppor- 
tunity to bring the committee together during the vacation. 
When we met on the 1st of December, I had hoped that there 
would be still ample time and we might institute and proceed at 
least to some extent with the investigation. It first occurred 
that a member of the committee, the Senator from Wyoming 
[Mr. Carey], was required to proceed to the State of Wyoming. 
We put off the meetings of the committee for him. Upon his re- 
turn I was unfortunate enough to be confined to my house for a 
fortnight or more by illness, and we again postponed the investi- 
gation. The net result of the appointment of that committee, I 
regret to say, has teen absolutely nothing, except that 1 have 
signed vouchers for a clerk who was appointed in the summer 
for three or four months; and outside of that I must say to the 
Senate that there has been no result accomplished. 

But, Mr. President, this Survey needs investigation as much 
as it needed it a year ago. It is as much the duty of the Senate 
to look as carcfuilv as it it can, with the inadequate information 
at its command, into the affairs of the Geological Survey as it 
was six or eight months ago. I have been overwhelmed with 
letters and information and literature upon the subject. I have 
given it very much careful study. I am more convinced than I 
have ever been before that the gi-eat sums which we are expend- 
ing year after year are unprofilably expended unless they shall 



1893. 



CONGRESSIONAL RECORD— SENATE. 



1849 



Mr. POWER. In Montana. The lines can not be registered, 
the work can not be tied: it is not tied to any old surveys, and 
consequently in time will ba wiped out. Tlio whole project, so 
far as Montana is concerned, is absolutely silly, without system 
or organization, and the money will be thrown away. 

That is the reason why we do not want one dollar of the money 
for topographical surveys applied to Montana. If $1,000,000 
were to be appropriated it would do us no good. On the con- 
trary, the money proposed to be applied in that way wo want 
for public surveys. Not over one-lif th of the land in our State has 
been surveyed up to the present time. There are 70,000.000 
acres unsurveyed. Topographical work on unsurveyod land, as 
everyone here must know, if he will consider, will result in 
money being thrown away. 

Mr. CALL. ^Ir. President, I wish to state that this report 
recommends, what is unquestionably true, that in making th:'se 
surveys, geological and topographical, the land survej' can easily 
and cheaply be made in connection with them, as has long ago 
been recommended; and that so far from th'; appropriation for 
this Bureau being reduced, this duty should also be imjiosed upon 
it. So there is no force in the objection ot the Senator from 
Montana [Mr. Power]. These laud surveys can properly go on 
with the topographical surveys without difficulty. 

The VICE-PRKSIDIONT. The question is on agreeing to the 
amendment on page 00, line 9, to strike out "two hundred" and 
insert ''one hundred,'' so as to rjad •' $100,000."' 

Mr. TELLER. I wish to vote for the amendment to reduce 
the appropriation fo.' topography, with a view of adding as much 
of the reduction as is possible to the geological surveys, because 
I think they are moi-e important. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment. 

Mr. PADDOCK. I desire to say to the Senator from Colorado 
that if this item is reduced I shall vote to reduce the item for 
the Geological Survey. The topographical survey is essential to 
that district of the country which has been especially described 
in the bill: and this is the only survey that is of any value what- 
ever or can be made useful to that section. 

It is an appropiiation in the interest of agriculture, and the 
only one of all. If this is to bo chiseled out by the Senatorfrom 
Colorado and the Senator from Montana, because they can not 
utilize such surveys in their particular States, and if they desire 
everything for the Geological Survey at the expense of other 
interests in other States, then I desire to say, so far as I am con- 
cerned, that I shall favor the paring down generally and scaling 
the whole pro rata. 

Mr. TELLER. I shall not be deterred from voting as I think 
I ought to vote by any suggestion as to what may come after. 

Mr. PADDOCK. Tlio Senator himself made a suggestion as 
to what might come after in his own statement, and it is to that 
that I have been directing ray own observations. 

Mr. TELLER. When the Senator from Nebraska asserts 
here that topography is of more advantage and more value to 
the people ot the United States tlian the geological examina- 
tions provided for, I think he must have failed to pay much at- 
tention to the course of the Bureau for the last ten years. I 
have had some opportunity of knowing as to this matter, and 
while I ain not here to criticise the Bureau for anything for it 
is Congress which has made these appropriations and has pro- 
vided for topographical surveys because of tho demand which 
has been made for them— yet Vhen the Senator tslls me that 
the mere examination of the surface of the earth can be of any 
value to the people of the United States compai-ed to a thorough 
examination as to what lies beneath the surface, I think he is 
mistaken — that is all. 

Mr. President, the Senator suggested that topographical sur- 
veys were valuable for irrigating purposes. I have had some 
experience with the best topographical map which has ever been 
made by the Bureau: and I say to the Senator, while it is valu- 
able for some purposes, it is absolutely valueless for irrigating 
purposes; it is not worth the paper on which it is written, and 
nobody can even make an ordinary estimate when ho starts out 
to dig a ditch by the examination of any map which has been 
published by the topographical department. 

In saying that I make no reflection upon the department. 
When they run their contour lines, they are not expected to to 
within a few feet of the proper line. When you want to run a 
line for a ditch, the surveys must be mathematically accurate. 
Possibly these surveys may be valuable for roads, but I do not 
myself see why they should be of any particular value for roads; 
they are good for map-making; but we have a great areaof coun- 
try, the examination of the geological formation of which will 
be of great value. 

Take, for instance, Alaska, where there is a very large extent 
of territory absolutely unknown, where there is a large amount 
of mineral wealth, which I believe could be developed by asmall, 



and I may say, a very small outlay of money. I am told theiv is coal 
all along tho coast from our south lino clear up to Point Rari-ow 
and perhaps as far back as our lines extend. Oar ships can not 
enter that country. Their commanders know notliinir nltout 
whore to look for coal, and it is an im .a-ry 

coal. Hero is an opiwrtunitv for oac en , bo 

examined, so that thoy may bo opened .., „. ... ...oto 

be of great value. 

I have l)cen anxious to have tho item for g.^o%-iir',al * livcvs 
increased, and o;Tored an amendment appr 
SIO,000 for the geological exa:uinalion of a'u 
the amendment in ai.T - • > .^^ 

becausj I think th. ^.p^ 

value. What I hav. .... , , „ , ;j^.<j. 

tion upon tho department. It is merely to take monoy out o( 
one appropi-ialion and put it into another. 

Mr. HUNTON. Will the Sonatorallow mo to oak himaqiuM- 
tiony 

Mr. TELLER. Yo.s. 

Mr. HUNTOX. If ho is not antagonizing the ono for tho othor, 
then I submit he should let the on? stand and ■ •' •■ — . 

Mr. TELLER. I know it is of no use to .. 
the appronriation for geological surveys, as I 
become a law, and I need not state the reason whv 1 miiKc that 
statement. I know the busino-ss of tho country U in such n con- 
dition that it would bo economic il. and I know that in aiioihor 
place they are as thoroughly impressed with that as w,- are. I 
would not do anything to injure this Biiroau; I tlii- •' .iio- 

sition will not injure the Bureau: I tliink the Hui . on 

in a better condition, and I think tho friends of tli _ . urn 
very much mistaken when they claim that taking jjurt of tho 
appropriation for topographical surveys and adding It l<i U»o 
geological surveys will injiwo tho Bureau; oa tho contrary, I 
believe it will help it verv much. 

Mr. PADDOCK. It was not my intention • ]a I 

think I did express myself in res|>ect to ttii' .i!uo 

to the whole country "of the geologic il and .cal 

surveys. I endeavored to present the idea w : my 

country, where irrigation Iia-s come to be a ii .ire- 

ful topographical surveys will bo most viscful. 

It may be that there have been maps mado wlilohamnnlgood 
maps, but intelligent, careful, and thorough • '' ' --ur- 

veys, which show the water courses tho levi Uio 

valleys, tho trend of the streams, etc.. will u; _, , . a»o- 

ful to tho people of that country who desire to inati^urato ex- 
tensive .systems of irrigation. 

Mr. WOLCOTT. Does the Senator from Nebraska know tho 
scale of the maps? 

Mr. PADDOt;K. I do not know that I do. 

Mr. WOLCOTT. They are four miles to tho inch. 

Mr. PADDOCK. I do not care as to " ■• ' ' ak- 

ing generally of the idea that the tip- rns 

will be an important agency in the parti- rri- 

gation has como to to a necessity, whoiv the pc itls- 

tied that they must have irrigation in order to b - -ful 

agriculture. 

Mr. WOLCOTT. May I explain to tho Senator that tho m«p* 

are on a scale of 4, 3, and 2 miles to the ;- ' ' ' ■ '-^ to 

the inch, and they arc not of the slig!. vho 

are interested in irrigation ortoanyb-., .. _, as 

has been suggested to me, for railroad engineering, i do not 
know exactly what value they do have. 

Mr. PADDOCK. That may be, but t<. - nro 

considered desirable as an aid to irrig;r in- 

dicated, the maps may be made upon a ' ' ■ 

special purpose. It is a comiiarativcly : 

surveys, and toing made, with this pa; j v 

they can be utilized advantageously. 

Mr. CALL. Mr. President, the senior Senator from f'olnrndo 
[Mr. Teller] is nearly always right, in my opini 
his propositions very clearly, but how h" can do- 
you can make a geological survey of a . 
out first what is tho surface of it and iii 
can ever tell where it is except by h-- ' ■ 
device, I can not perceive. Tho t' 

necessity precede always any genera . > ■ 

fication of what is tonoath the earth. 

Mr. TELLER. If tho Senator will nllnw m ■, I will aay to hltn 
that the valuable geological discov 
the surface. Yon havi; to look for : 
then to look below. The ordinary ' 
accompany always a geological siu 
the two could go hand in hand, bu' ■ 

grajihical map goes alone sometimes and luuvuu gooloKy U/ come 
when it can. 

Mr. CALL. The topographical survey must necessarily pro- 



1850 



CONGRESSIONAL RECORD— SENATE. 



Eebeuaey 20, 



cede the geological, ov you could never find the designation on 
the map. There must a surface map of the country before there 
is a map of the substructure of the earth. That is a manifest 
proposition. The topographic survey must precede the other. 

The VICE-PRESIDENT. The question is on the amendment. 

Mr. WOLCOTT. I ask for the yeas and nays. 

The yeas and nays were ordered. 

Mr. GORMAN. Mr. President, I only wish to say that I am 
in favor of the reduction of the expenditures of this particular 
branch of the Government. I had hoped that wo should have 
been in a condition, after an examination of the entire affairs of 
this particular branch, to have intelligently determined upon 
the reduction that should be made in the different items of ap- 
propriation for it; but that examination has not been completed, 
and, therefore, we have been compelled to rely upon the informa- 
tion which comes to the Appropriations Committee from the two 
sides. 

I believe, from all I have boon able to learn on this subject, that 
the amount of appropriation and the distribution of it as reported 
from the committee are correct, if we retain the present organiza- 
tion of that branch of the service. If the Bureau is to continue and 
if the work is to go on to final completion under the present sys- 
tem, then I think we ought not to make the change proposed by 
the Senator from Colorado. 

In voting against the decrease of this item I do so distinctly 
upon the ground that this is not tlio time nor have we sufficient 
information to make so radical an innovation as is proposed. I 
think it ought to go over until we can complete the thorough 
examination, which I trust will be made next year, and if it be 
in the interest of the Government to abolish the whole system I 
shall be very glad to so vote. 

Mr, WOLCOTT. Will it interrupt the Senator if I make an 
inquiry of him? 

Mr. GORMAN. Not at all. 

Mr. WOLCOTT. I am reliably informed that work which 
has cost $2,000,000, which is ten years old, is still lying on the 
shelves of the Geological Survey unprinted. Does not the Sen- 
ator from Maryland think we had better catch up with the work 
we have paid for in the past, rather than to appropriate now 
sums for the future to have more maps made, which will like- 
wise lie eight or ten years before they are printed? 

Mr. GORMAN. It is quite true that a large amount of v.'ork, 
which has already beenpractically finished, has not been printed. 
We have attempted to some extent to make provision for print- 
ing a portion of the work here. If the Senator would road the 
clear statement of Maj, Powell before the committee, and ex- 
amine the maps which ho has produced, finished work, he would. 
I think, be convinced that we must do one of two things, either 
stop this work or give the Director of the Geological Survey 
money enough to complete the work which is on hand. I think, 
however, we have not done more than that. The Senator's amend- 
ment I understand makes, in the aggregate, a tot-al reduction of 
$160,000, 

Mr. WOLCOTT. Oh, no, 870,000. It takes $100,000 from the 
topographical surveys tmd adds $30,000 to the geological sur- 
veys. 

Mr. GORiSI AN. 1 happen to remember that the Senator moved 
to strike out " two hundred and sixty '' and insert ' ' one hundred 
and forty.'' 

Mr. WOLCOTT. Oh, no; I have bjen very moderate. It 
simply leaves for topography and geology $100,000 each. That 
is ail my amendment proposes to do. 

Mr. HUNTON. One more cut like that would destroy the 
Bureau. 

Iilr. GORMAN. Possibly, but at the same time I state to the 
Senator, while I should be very glad to reduce this appropria- 
tion upon proper information, 1 am compelled to vote against 
the amendment for the large decrease of $100,000 in this item, 
because I think it might impair the efficiency of the Bureau and 
stop all its work. If it is thought best, and the Senate is will- 
ing to take the responsibility of stopping this work, I shall be 
very glad to vote for such a proposition, but if it is to continue 
we ought not to impair its efficiency. I shall therefore vote 
against the amendment. 

Mr. STEWART. Mr. President, I shall be very glad to vote 
to stop all its work until the Bureau is properly organized and 
we know exactly what we intend to do. I do not propose to 
elaborate upon this subject, but I think it is the loosest and most 
unlusinesslike establishment which was ever organized in any 
government. I have said so much about it heretofore that I am 
not going to weary the Senate further, but the amendment of the 
Senator from Colorado is certainly in the right direction. I shall 
vote for the amendment. I shall not talk about the matter, be- 
cause I think it is a disgrace to the Government that we have 
not examined it and organized it so that Senators voting for an 
appropriation may know exactly what they are doing. 



The Secretary proceeded to call the roll. 

Mr. CULLOM (when his name was called). I am paired with 
the Senator from Delaware [Mr, Gray], and therefore withhold 
my vote. 

Mr. DAVIS (when his name was called). I am paired with 
the Senator from Indiana [Mr. Turpie]. If he were present I 
would vote " nay." 

Mr. FAULKNER (when his name was called). I am paired 
with the Senator from Rhode Island [Mr. Aldrich]. If he were 
here I should vote '"nay." 

Mr. GEORGE (when'his name was called). I am paired with 
the Senator from Oregon [Mr. Dolph], If he were here I should 
vote "nay." 

Mr. PETTIGBEW (when his name was called). I am paired 
with the Senator from West Virginia [Mr. Camden]. 

The roll call was concluded. 

Mr. DAWES. I inquire if the Senator from Alabama [Mr. 
Morgan] has voted? 

The VICE-PRESIDENT. He is not recorded. 

Mr. DAWES. I shall bo glad if any Senator can inform me 
how the Senator from Alabama would vote. If he were present 
I sliould vote '• nay." 

Mi: BLACKBURN. The Senator from Alabama would vote 
" nay " if present. 

Mr. HUNTON. I feel confident that the Senator from Ala- 
bama would vote " nay " on this amendment. 

Mr. DAWES. Then I vote '■ nay." 

Mr. HUNTON. I beg to say that my colleague [Mr. Daniel] 
is paired with the Senator from Washington [Mr. Squire]. 

Mr. FAULKNER. I understand that the colleague of the 
Senator with whom I am paired is present. I should like to 
know from him how his colleague, it present, would vote on this 
question, 

Mr. DIXON. I think my colleague [Mr. Aldrich] if fpresent 
would vote '' nay." 

Mr. FAULKNER, Under those circumstances I vote '• nay.'' 

Mr. BUTLER. I have a general pair with the Senator from 
Pennsylvania [Mr. Cameron]. I do not know how he would 
vote on this question and therefore withhold my vote. 

Mr. DIXON. I have a general pair with the Senator from 
IMississippi [Mr. Walthall]. If he were present I should vote 
" nay," 

Mr. CULLOM. I withheld my vote a moment ago on account 
of my pair with the Senator from Delaware [Mr. Gray], but I 
am informed by a friend of the Senator that he would vote" nay" 
if he were present. I therefore cast my vote ''nay." 

Mr. WOLCOTT. I do not believe that the Senator from Dela- 
ware, if present, would vote '' nay" on this amendment; not that 
I have the slightest interest in it, for there are lots of years ahead 
of us yet, but at the last session the Senator from Delaware 
voted uniformly in favor of the reduction of this appropriation. 
If, however, the Senator from Illinois has other information, I 
shall not raise any question about it. It is on account of the 
Senator from Delaware, not myself, that I speak. 

Mr. CULLOM. I simply asked the Senator from Maryland 
[Mr. Gorman] whether he knew how the Senator from Delaware 
would vote, and he said he would vote "nay," on which state- 
ment I voted. 

Mr. FAULKNER. If there is any trouble about the pair in 
that case, I will arrange to pair the Senator from Delaivare [Mr. 
Gray] with tho Senator from Rhode Island [Mr. Aldrich], and 
let them stand paired on that question. That will allow the 
Stmator from Illinois [Mr. Cullom] to vote. 

Mr. GORMAN. There are several Senators on this side who 
are authorized to vote on this question notwithstanding their 
pairs. 

Mr. CULLOM. I withheld my vote until I made the inquiry 
and was assured that the Senator from Delaware, if present, 
would vote "nay." If there is any possible doubt about it I will 
transfer my pair to the Senator from Rhode Island [Mr. ALDRICH] 
and allow my vote tj stand. 

Mr. DIXON. I suggest to the Senator from Mississippi [Mr. 
George] that we transfer our pairs, so that his colleague [Mr. 
WalthaliJ, with whom I am paired, may stand paired with 
the Senator from Oregon [Mr. DolphJ, which will allow the 
Senator from Mississippi |Mr. George] and myself to vote. 

Mr. GEORGE. Very well. 

Mr, DIXON. I vote " nay." 

Mr. GEORGE. I vote "nay." 

The result was announced — yeas 18, nays 37; as follows: 







Y'E. 


i.S-18. 




Berry, 

Blodgett, 

Chandler, 

Coke, 

Feltoa, 


Hausbrough. 
Hlscoek, 
Kyle, 
McMillan. 
_ Mitcliell, 




Peffer, 

Power, 

Quay, 

Sa^^•yer. 

Stewart, 


Teller, 

Vest. 

TVolcott 



For subject see 



1893. 



CONGRESSIO^^AL KECORD— SENATE. 



1851 



NAYS-3r. 



Allison, 
■Bate. 
Blackburn, 
Brice. 
Caffery, 
Call, 

Cockrell, 
Cullom, 
Dawes, 
Dixon. 



Aldi-ich, 

Allen. 

Butler. 

Camden. 

Canicroi\ 

Carey, 

Casev. 

Colquitt, 



Dubois, 

Faulkner, 

Prye. 

Galllnger, 

George, 

Gorman, 

Hale, 

Harris, 

Hawley, 

Hlgglns, 



Hoar, 

Hun ton, 

Jones, Arlt. 

Manderson, 

Mills, 

Padaock, 

Palmer, 

Perkins, 

Piatt, 

Proctor, 



NOT VOTING— 32. 

Daniel, Jones, Nev. 

Daris. McPherson. 

Dolph. Morgan. 

Gibson. Morrill. 

Gordon, Pasco, 

Gray. Pettigrew, 

Hill, Pugh. 

Irby, Sanders. 



Ransom, 

Slioup, 

Squire, 

Stockbrldge, 

Vance, 

Voorhees, 

Washburn, 



Sherman, 

Stanford, 

Turpie, 

Vilas. 

Walthall, 

Warren. 

White. 

Wilson. 



So the amendment was rejected. 

Mr. HOAR. I move an amendment, which I saud to the 
desk. 

Mr. WOLCOTT. I rise to a question of order. I believe the 
amendment which I offered was divided, and I desire to go along 
properh-. I withdraw the remainder of the amendment which 
would add to the apijropriafion. 

Mr. HALE. The state of the last vote leads me to venture a 
suggestion to the Senate about the evil which is constantly 
showing itself here on ihe question of pairs. There is a very 
full Senate present, perhaps 70 members, and yet the vote dis- 
closes no such number. It is the habit, and a very good habit, 
for general pairs to be made almost always between Senators on 
the two sides of the Chamber, the foundation of the practice 
being that it shall apply to largo and political questions. 

In that way it is a great convenience, and a Senator's record 
is preserved by his pair being announced. But where, as is the 
case here, these pairs are considered as applying to every minor 
matter, every small vote on small things, w'hicli do not touch 
polities in any way whatever, where it is not known how a Sen- 
ator upon either side would vote, pairs are constantly being an- 
nounced. This practice hinders business, prevents us from get- 
ting a quorum, and sometimes keeps us suspended for the chance 
of getting two or three votes, when there are sixty Senators in 
the Chamber. 

It seems to me that that is an abuse which each Senator wlio 
is paired can easily correct. I was paired for years with the 
former Senator from Kentucky, Mr. Beck, whom we all lament, 
and ' lur pair was based upon the proposition that wo each under- 
stood that the other might vote at any time when, in his judg- 
ment, it was not a question calling for the announcement of the 
pair. I do not think the pair was announced between us once 
in a month. I have now the same kind of a pair with the Sena- 
tor from North Carolina [Mr. Ransom]. 

Only on largo questions, where I am confident what his posi- 
tion would be, do I announce the pair or does he announce the 
pair. I do not think since the pair has been existing between 
us, it has been announced three times. Each of us votes on all 
ordinary questions whether the other is present or not to help 
to make a quorum. 

We are near the end of the session, with but eleven working 
days left, and the time consumed bythis daily announcement of 
pairs is a very material loss, and obstructs business. It seems to 
me that Senators can help this very much by liberalizing the 
arrangements about jjairs. 

Mr. HOAR. I move, on page 48, at the end of line 17, to in- 
sert v,iiat I send to the desk. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. On page 48, after line 17, it is proposed 
to insert: 

The Attorney-General is hereby authorized to appropriate, if he shall see 
fit, the rooms in the City Hall now occupied by the Civil Serrtce Commission 
tor the use of the court of appeals of the District of Columbia, or so much 
of them as shall be necessary. It said rooms, or any part thereof, shall be 
appropriated, it shall be the duty of the .Secretary of the Interior to provide 
suitable quarters for theClvll Service Commission, and the sura of $5,000. 
or so much thereof as shall be necessary, Is hereby appropriated for therent 
and fitting up of the same, to be expended at the discretion of the Secretary 
of the Interior. 

Mr. ALLISON. If the Senator from Massachusetts will yield 
to me for a moment, I will say that this whole matter is provided 
for in the legislative, executive, and judicial appropriation bill. 
Apartments in the City Hall are assigned to this now court, and 
the authorization for the i-eut of a building foi- the Civil Serv- 
ice Commission is provided for in the bill. 

Mr. HOAR. I was not aware that the committee had taken 
such action. I withdraw the amendment, and move another to 
coma in at the same place. 

The VICE-PRESIDENT. The amendment proposed by the 
Senator from Massachusetts will be stated. 



The Chief Clerk. On page 48, after line 17, it U proposed 

to insert: 

fs wo "'*' "'•'""*''='"'^» °' 111* law department of tlio How»n> Uulverslly, 

Mr. ALLISON. I will say to tb- - -■■'■• ^'■. ' 

that the committee have also ma.: 
ent way, however, under the hea 

Mr. HOAR. On what page? I du nut nuU Uiut, 

ATT TC?i^XT /~\_ — . — .,n 



Tbn rommilt".^ hav<» rpcom- 



Mr. ALLISON. On piige «n. 
mended an increase in lino \ ' 
has already agreed to as in i 

from $18,500. That is the a 

Estimates for the law dcpurtme? 

House failed to appropriate fur ih 

added just the amount of the estlmaU) for tfao iaw dei)anmoiil la 

the bill. ' 

Mr. HOAR. Then the on' 
and the committee will bo :> 
think I shall detain the S 
considerable examination i 
session and in former years, :■ 
consent to a modification o( the .-^^ 
the word '• dollars,'' in lino l.l, •' . 
law department." 

Mr. ALLISON'. I do not object to that. 

The VICE-PRESIDENT. The amendment will bo Mat- d. 

The Chief Cleric. On page g;!, in lino 1,3, after the word 
'■dollars," it is proposed to insert: 

Of which W.-'HW .■ihiill be tor ilie l.iw department. 

The amendment was agreed to. 

Mr. QUAY. I have several amendments from thr ' 
on Public Buildings audGrounds to olfer. wliich I si. 
their order, and if there bo no obj.Ttiun I shall olTor 
The first amendment relates to the i) 



Pa. 



: public building at . . 



pro- 



The VICE-PRESIDENT. The amendment will be Btatod 
The Chief Clerk. On page 1, at the end of line 0, It Is i 

posed to insert: 

For the erection and completion or public biiUdliuc ai Alleshenr I'a 
|iS5.819.92, .and the limit of cost of satl biiUdlng iHicreSr ScnSLl t.. 

Mr. QUAY. Insupport of the amendment, I ask th. ' y 

to road a letter from the Assistant Secretary of the 'I 

the Chairman of the Committee on Appropriations of ;,... ,:,, 

of Representatives. 

The VICE-PRESIDENT. The letter referred to wUl bo reotl 
in the absence of objection. 

The Chief Clerk read as follows: 

TKEASUnV DErARTMEM ■ y. 

'' imi. 

Sir: At the rcqnest of Hon. William .'. . ,„ ,b„ 

the following statement to you: 

Act of Conitre.^s iipprovcd' April 23, ISM, limits cost of site on I 
eluding llre-jjronf \-.riit-. h.atiii'^'. ilU'I vi-n:ilatlnu' apparatus,* : 
appro:u'liej;. to ~ ' 

Acts of Congr. M 3, 18SI, a' 

1892. appropriate . tlroly, toUi 

der i'iiid llijilt of cuil. tur th-j a'_4Uiiil:ou uf :lio tUo and comti. 
the building. 

A proposal for the sale of property to the United SUttes for a i 

accepted. In amount *175,0i)0. 

There will be a bulauce of $74,151.08 under the present limit of cost availa- 
ble tor the con.strucllon of the building. 

With said balance a one-story brick building, with stone trim' 
cient to provide for the present needs of the postal serv-lcc 
erected. 

To erect a two-story building, 
construction, with best interior i; 

$285,819.92 in exce.ss Of the balan ,-. 

limit. 

Respectfully yours. 

Hou. W. S. Holmak, 

Chairmon Vommittee on Approprialionf, 

nouie of JlfprttentaKtei. 



JOHN H. GEAR, AtiUtanl Stcntarf. 



TllEASCnV DEPAKTUBirr. 

Office OK Ti'»' ^I■l•^■wvI^Iv•.- M-.-tir-r.-. 



Sir: Referring to olBce letter addr<'~ 
have the honor to Inclose hereW' 
to the Committee on Public Hui; 
submitting In compliance with r^ 
"A 1)111 oularglng the limit for thr ■ mu-u \ 
Allet;heny, Pa.." which ejcijlalns Itself. 
Kesiwct fully yours. 



Hon. M. S. QUAY, 

United Slates Senatf. 



JAMES R LOW, 
Actii.g Siipercitlng ArAUtCt. 



Offiok ok 



TnPA'irRT DrpABTwrrtT. 



Gentlemen: For the Information an 1 • 

lionor to Inclose herewith copy of olBre Icittr ul ihi.i Jai^', -.ul:iil'.U:is a re- 



1852 



CONGRESSIONAL RECORD— SENATE. 



Februaey 20, 



port, in compliance with request, to the Senate Committee on Public Build- 
ings and Grounds, upon Senate bill 36130, introduced January 4, 1893, by Hon. 
M. S. Quay, entitled "A bill enlarging the limit for the eonstritction of a 
post-oftlco building at Allegheny, Pa.," which explains Itself. 
Kespectfully yours, 

JAMES K. LOW, 
Acting Supervising Architect. 
The Hon. Committee on Public Buildings and Grounds, 

House of Representatives. 

Mr. QUAY. In deference to the views of the chairman of the 
Committee on Appropriations, I do not desire to ask for an im- 
mediate appropriation, but will modify the amendment so as to 
involve merely the incrouse of tlie limit of cost, leaving the ap- 
propriation to stand as it stood in the bill as it came from the 
House of Representatives. That will be to strike out, in line 9, 
the words "for completion'' and insert in lieu thereof '"for con- 
tinuation," and then after the word "dollars," in the same line, 
to insert the increased limit of cost. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. In line 9, after the word "for," it is pro- 
posed to strike out "completion" and insert "continuation;' 
and in the same line, after the word "dollars," to insert "and 
the limit of cost of said building is hereby increased to $535,- 
8i9.92;" seas to read: 

For postofflce at Allegheny, Pa. : For continuation of building under pres- 
ent limit, $15,000, and the limit of cost of said building is hereby increased to 
S.53.5,849.92. 

Mr. ALLISON. The words "under present limit " should be 
stricken out. 

Mr. QUAY. Yes: strike out the words "under present limit,"' 
in line 9. 

The VICE-PRESIDENT. The amendment will be read as 
modified. 

The Chief Clerk. It is proposed to modify the amendment 
so as to read: 

For post-o£Bce at Allegheny. Pa. : For continuation of building, $15,000, 
and the limit of cost of said building is hereby increased to $535, 819.92. 

Mr. ALLISON. One word biforo the vote is taken on the 
amendment. This is one of the buildings to which I alluded 
when we had under discussion the amendment for the erection 
of a public building at St. Albans, Vt. There is no additional 
appropriation here provided for, as the Senator from Pennsyl- 
vania has modified his amendment, though there will be, of 
course, in the future an additional appropriation roqured. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment proposed by the Senator from Pennsylvania. 

The amendment was agreed to. 

Mr. GORMAN. How 'much is the increase there, I ask the 
chairman of the Committee on Appropriations';* I did not e.x- 
actly catch the amendment. 

Mr. ALLISON. Three hundred thousand dollars. 

Mr. QUAY. The present appropriation, as appears in the 
letter just read by the Secretary, is $250,000, and the limit pro- 
posed here is $5.'J5.849.92. 

Mr. ALLISON. The increase is about $280,000. 

Mr. QUAY. Ono hundred and seventy-five thousand dollars 
of the money appropriated there has already been applied to the 
purchase of a site. There are $7-1,000 still applicable to the 
erection of a building, including the $15,000 provided for in this 
bill. 

The Treasury Department reports that there is sufficient money 
on hand une.xpendcd, to construct a one-story building sufficient 
for the present needs of the post-office only; but that a building 
commensurate with the importance of a city of 105,000 inhabi- 
tants, which with the increased prosjierity and the increase of 
the population in that section of Pennsylvania, will probalsly num- 
ber 200,000 at the ne.xt census, will cost some $300,000. It is for 
Senators to determine whether Allegheny City shall bo provided 
with a small building for temporary puroo.ses for a post-office, or 
one worthy of the United States and the city. 

The amendment was agreed to. 

Mr. QUAY. I offer a further amendment to come in on page 
2, after line 13, which I send to the desk. 

The VICE-PRESIDENT. The amendment will be stated. 

Mr. QUAY. I call the attention of the Senator from Califor- 
nia [Mr. PeltonJ to this amendment. 

The Chief Clerk. On page 2, after line 13, it is proposed to 
insert: 

For po.st-offlce at San Francisco, Cal. That the limit of cost for construc- 
tion of the post-oCBce building at San Francisco, Cal., is hereby fixed at 
$3,000,000, 

Mr. GORMAN. Have we voted on the amendment making 
appi'oprialion for a public building at Allegheny? 

The VICE-PRESIDENT. The" amendment has been agreed 
to. 

Mr. GORMAN. I simply wish to enter my dissent to it. I 
did not know the vote had been taken. 

Mr. ALLISON. If the Senator from Maryland desires to have 



a division upon the amendment, I do not object. I hope it will 
be understood that the vota may be again taken. 

Mr. QUAY. I trust the veas and nays will not be called. 

The VICE-PRESIDENT. Does the Senator from Maryland 
desire the yeas r.nd nays on the amendment referred to'? 

Mr. GORMAN. No, I only desire to enter my protest against 
the amendment. 

Mr. FELTON. I made a statement in regard to the pending 
amendment in the morning- hour, and I have no desire to add 
anything to it, unle.-^s some Senator should wish to know more 
about it, in which case I shall be pleased to answer him. 

I simply say that this amendment makes no appropriation, but 
enables us to use the balance of the appropriation of $240,000. 
The expenditure for the building has already been under con- 
sideration by the Treasury Department, where it is believed 
that this amount of money will be required in order to erect a 
building with sufficient superficial feet in it to accommodate the 
business of tlie Government at San Francisco, which includes 
the post-office, three United States courts, the internal revenue 
otlices, and the Army headquarters, for which I have been told, 
but for which statement I can not vouch, some $25,000 each year 
is paid for rent. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment. 

The amendment was agreed to. 

Mr. QUAY. I move to insert after line 5, on page 3, what I 
send to the desk. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. On page 3, lino 5, after the amendment 
already agreed to, it is jjropo.sed to insert: 

For the purchase of a site for the construction of a public building in 
Portland, Oregon, the sum o( ?'i),000, in addition to the sum heretofore 
api>ropriated, and the limit of cost of said building Is hereby increased to 
SI .OOO.tOO. 

Mr. MITCHELL. I desire to say in reference to that amend- 
ment, that the Senate on the 2::;d of June last passed a bill fix- 
ing the limit of cost of the building at Portland, Oregon, at the 
amount stated in the amendment, and already the sum of $200,000 
has been expended. 

The amendment was agreed to. 

Mr. QUAY. I also wish tofollowthe amendment just adopted 
with one other, which I send to the desk. 

The VICE-PRESIDENT. The amendment will be reported. 

The Chief Clerk. After the amendment already agreed to, 
in line 5, on page 3, it is proposed to insert: 

For the construction of an additional .story to the public building at She- 
boygan, Wis., $.5,000. 

The amendment was agreed to. 

Mr. ALLISON. While upon the amendments with reference 
to public buildings, I wish to offer twoamendments. which were 
omitted by the committee and which ai-e proper. One is for the 
post-office at Clarksville, Tenn. I desire that the amendment 
be stated. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. On page 2, after line 16, it is proposed 
to insert: 

For post-otflee at Clarksville. Teuu. : For completion of buildiui; under 
present limit, $35,000. 

Mr. BATE. That provision was omitted by an oversight in 
the House of Representatives. Twenty-five thousand dollars is 
required for the purposes of that building Ten thousand dol- 
lars was expended for the land, and the 'building has just been 
begun. If it had not b_»en overlooked in the other House there 
would have been made an appropriation for that purpose. 

The VICE-PRESIDENT. The question is on the amendment. 

The amendment was agreed to. 

Mr. ALLISON. I also ofi'er the amendment which I send to 
the desk. 

The VICE-PRESIDENT. The amendment will he stated. 

The Chief Clerk. On page 2, after the amendments already 
agreed to, beginning in line 13, it is proposed to insert: 

For court-house .and post-ofHce at Sioux Falls. S. Dak.: For oomulelion 
under present limit, $35,000. 

The amendment was agreed to. 

Jlr. MANDERSON. I ott'er an amendment to come in at the 
end of the bill, which I send to the desk. 

Mr. HISCOCK. It seems to me we ought to have considered 
now all the amendments to this part of the bill in relation to 
public buildings. 

The VICE-PRESIDENT. The amendment proposed hy the 
Senator frome Nebraska [Mr. Manderson] will be stated. 

The Chief Clerk. It is proposed to add at the end of the 
bill: 

That the sum of $250,000 to provide accommodation for the Government 
Printing Office and the construction of the needed storage and distribution 
warehouses in connection therewith in the act making appropriations for 
sundry civil expenses of the Government, approved Au'gust 30, 1890. and sus- 



1893. 



CONGRESSIONAL EECORD— SENATE. 



1889 



(2) A statement of the amount allowed on each claim and whether paid to 
claimant in person or to an agent or attorney; and if so, the name of such 
agent or attorney. 

"(3) A full statement as to the disbursement of the $100,000 appropriated by 
Congress for the settlement of such claims. 

Mr. KYLE. I ask for the immediate considorationof the reso- 
lution . 

The Senate, by unanimous consent, proceeded to consider the 
resolution. 

Mr. PADDOCK. Let the resolution be read again. 

Mr. ALLISON. Before it is read, I desire to reserve the right 
to object if any debate spring's up on account of the lesolution. 

Mr. KYLE. I will state that there will bo no debate. I 
merely wish the information from the Interior Department. 

Mr. ALLISON. All right. 

The resolution was again read. 

Mr. PADDOCK. I suggest to the Senator from South Da- 
kota that in place of the word " war " ho denominate it "' dis- 
turbance." 

Mr. KYLE. I will accept that change. 

The VICE-PRESIDENT. That modification will be made in 
the absence of objection. The question is on agreeing to the 
resolution as modified. 

The resolution as modified was agreed to. 



FOX AND -WISCONSIN RIVER LMPROVEMENT. 

Mr. SAWYER submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

Rtsohed, That the Attorney-General be, and he Is hereby, directed to fur- 
nish to the Senate a statement of the awards and judgments rendered by the 
commissioners or courts on file in hia ofllco against the United States aris- 
ing tinder an act of Congress entitled "An act to aid in the improvement of 
the Fox and Wisconsin Rivcr-s in the State of Wisconsin," approved March 
3, 1875, from which awards and jiulgni'-nts no apjieal has been taken and the 
time for such appeal has expired, which have not heeu heretofore reported to 
Congress, and if he knows any reason why the same should not be paid. 

LIST OF CLAIMS ALLOWED. 
Mr. HALE submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

liesoh'eil. That the Secretary of the Treasury be directed to transmit to the 
Senate a list of all claims allowed by the several accounting ofllcerg of the 
Treasury Department under appropriations, the balances of which have 
been exhausted or carried to the surplus fund under the provisions of sec- 
tion 5 of the act of June 20, 1874, since the allowance of those already trans- 
mitted to Congress during the present session; and also a list of judgments 
of the Court of Claims requiring an appropriation at the present session 
not already transmitted ; said list to include all claims allowed up to and iu- 
cluding the xloth instant. 

DISTRICT STREET RAILWAYS. 

Mr. GORMAN. Not for the purpose of having it considore 
at the present time I desire to enter a motion to recommit to 
the Committee on the District Columbia the bill (H. R. 8125) to 
provide for the regulation of the equipment and operation of 
street railroad lines within the District of Columbia by the Com- 
missioners of said District. I simply desire to enter the motion. 

The VICE-PRESIDENT. The motion to recommit will bo 
ent;red. 

HOUSE BILLS REFERRED. 

The bill (H.R. 10488) making appropriations for the naval 
service for the fiscal year ending June 30, 1894, and for other 
purposes, was read twice by its title, and referred to the Com- 
mittee on Appropriations. 

The bill (H.R. 10589) to authorize the Now York and New 
Jersey Bridge Companies to construct and maintain a bridge 
across the Hudson River between New York City and the State 
of New Jersey was read twice by its title, and referred to the 
Committee on Commerce. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House had passed 
the bill (H. R. 10421) making appropriations for the Department 
of Agriculture for the fiscal year ending June 30, 1894; in which 
it requested the concurrence of the Senate. 

PRESIDENTIAL APPROVAL. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of his secretaries, announced that the President 
had on this day approved and signed the act (S. 977) for the re- 
lief of B. P. Rockafellow. 

REPORT OF INTERNATIONAL MONETARY CONFERENCE. 

The VICE-PRESIDENT laid before the Senate the following 
message from the President of the United States: which was 
read, and, with the accompanying papers, referred to the Com- 
mittee on Foreign Relations, and ordered to be printed: 
Tothe Senate and Uoiise of Eeprescntatices: 

I transmit herewith a communication of the Secretary of State, trans- 
mitting the official report of the American delegates to the International 
Monetary Conference convened at Brussels on November 22, 1892, with Its 
accompaniments. 

BENJ. HARRISON. 
EXEccTivE Mansion, 

Washington, Februanj 21. 1833. 



HOUSE BILL REFERRED. 



The bill (H. R. 10421) making appropriations for tiie i'.pun- 
ment of Agriculture for the fiscal year ending Juno 3v>. lyj4, was 
read twice by its title, and referred to the Committeo on Ai> 
propriations. 

SUNDRY CIVIL APPROPRIATION BIL,L. 

The VICE-PRESIDENT. Is there ftirthor morning business? 
If not that order is closed and the Calendar under Rule VIII is 
in order. 

Mr. ALLISON. I move that the Senate proceed to the con- 
sideration of the sundry civil appropriation bill. 

Tho motion was agreed to; and tbo Senate, as in Committeo 
of the Whole, resumed the considorationof tho bill (H. K. I(i238) 
making appropriations for sundry civil cxjicnsos of tho Govern- 
ment for the fiscal year ending June 30, 1894, and (or other pur- 
poses. 

The VICE-PRESIDENT. Tho ponding question is on tho 
amendment submitted by the Senator from .Mis-oiu-i |.Mr. \'i3T] 
to the amendment proposed by the Senator from N'..' i- ■ ' •. i Mr. 
MandeksonI, on which tho yeas and nays have \x I. 

Mr. G0UM.\N. Let tho ame:idment to tho an. • bo 

read. 

The VICE-PRESIDENT. Tho amendment to tho amendment 
will be read. 

Mr. VEST. Let the amendment be read as modified. It is in 
tho Record of this morning. 

Tho Chief Clerk. Insert in lieu of the amendment. ' 



That the Secretary of the Treasury lie. and he herebv Is ■ ' and 

directed to employ tho money appropriated In ilie "Act m. lia- 

lions for sundry civil expenses of the G.iverumciit tor the rl ini; 

Jtme 30, I8S<1. and for other purpn.ses," :ind ajM"- ■ •■ ' * " • by 

section 2 of said act, to provide acconmi'Mlatl- III ■ ■ im. 

IngOnice, and the construction of ihe n fU'l !*'.'■ iro- 

Uouscs in conned lou llu-rowllh, fi,r !!'■■ uni.h . . i ^^o 

No. 073, fronting on North Capitol ..ire 

feet, and bounded as follows: Two Ii.; irlli 

feet on North Capitol street, alon^- ■ L; 

thence therewith to what Is called i' .uu 

the same eastwanl for 7k2) fed to i tor 

273} feet to L street; thoace wct ;il ,,,i 
that he pay over tho said mo- 
south halt of sijuare numberc.l ' 

retary, of a deed conveying III'- . i ... . . ... 

duly approved by the Attornoy-iJcncral ot ilie LulieJ .suitto. 

Mr. GORMAN. Mr. President, I dislike very much to deloy 
^ till' S<i—<B^moment in discussing tho amend meat to the amcnd- 
^ ment. 

Mr. JONES of Arkansas. I should like to make a parliamen- 
tary inqtiiry, if tho Senator from Maryland will yield to mo for 
a moment. 

Mr. GORMAN. Certainly. 

Mr. JONES of Arkansas. Would an amendment proposing to 
reduce the feet included in tho lot from 213.10) bj' tho numtier 
of feet included in the street mentioned yosterd.ay, 31,(XlO, bo 
now in order? Would an amendment to tho amendment pro- 
posed by the Senator from Missouri be in order? 

The VICE-PRESIDENT. It would bo an amendment in the 
ihiri degree. 

Mr. JONES of Arkansas. It would not be in order? 

The VIC I'^PRESI DENT. It would not. 

Mr. JONES of Arkansas. That is the inquiry I wanted to 
make. 

?ir. GORMAN. Mr. President, as I said a moment ago. I dis- 
like very much to detain the Senate even for a moment in tho 
discussion of this matter. The absolute necessity for incr'.-as.-d 
facilities for the Government Printing Office isrecognizedonall 
sides. The Senate has on three or four occasions made or at- 
tempted to make provision for an addition or an improvement 
in the present structure or to provide for an entirely new ofllco 
uiion a site to be selected. The opposition which this proposi- 
tion has encountered in the pust two Congresses has been re- 
markable. There is no dissent as to tho necessity for the im- 
provement, but the character of the improvement and the jilaco 
upon which the new office shall ba located have brought about 
a great deal of controversy. 

The Committee on Appropriations of this body upon tho re- 
port of the Joint Committeo on Printing in the Fiftieth Con- 
gress and in the Fifty-first Congress, recommended an appro- 
priation to enlarge the pres-nt building; but it was lost in 
controversy between the two Houses. 

Then came a proposition to select an entirely new site, on 
which should bo constructed a building, abandoning the present 
one. We met with the same opposition then as we do now, 
growing principally out of the claim of the Committee on Pub- 
lic Buildings and Grounds, that it was a matter which should 
liroperly come from that committee. So each of those attempts 
failed. 



XXIV- 



-119 



1890 



CONGEESSIONAL RECORD— SENATE. 



Febeuaey 21, 



Finally Congress made an appropriation ot $250,000 for tho so-' 
lection of a site and to bcsin the erection ot a building. A com- 
mission was appointed which has been described by tho Senator 
from Nebraska, the chairman of the committee. That commit- 
tee made a report selecting what is known as tho baseball lot. 
Then began a controversy as to whether that was a proper se- 
lection. Upon tho matter'being brought to tho attention of this 
body, wisely as I thought, we, by an amendment to an appropria- 
tion bill, suspended thSilppropriation and practically reversed 
the action of the commission. 

I was in thorough accord with tho movement to reverse their 
action, because I believed that they had in their advertisements 
asking proposals so drawn the line that it was impossible for 
the gentlemen who owned the two lots which are now in con- 
troversy, or any except two or three, to offer an eligible lot 
within the rules laid down by the commission. So the matter 
was suspended by a joint resolution of Congi-ess: the whole sub- 
ject was recommitted to the Joint Committee on Printing, 
which was instructed to examino all the sites in tho city which 
were offered, and to report its conclusions to this session of Con- 
gress in December last. 

In the performance of this duly the Committee on Printing 
have given the matter very great attention. They threw open 
the doors to every lot-owner in the city ot Washington to make 
his oft'er, and every man who had a piece of property and desired 
to oiTer it came before tho committee and had an opportunity to 
present his case, to show the advantages of the location of his 
lot. and to state tho price which he would take for his property. 

I\Ir. President, I desire to stats frankly to the Senate that at 
that and at all stages of the investiga"tion of this question I 
personally believed that the wise thing for the Government to 
do was to condemn a sufficient amount of property immediately 
adjoining the present structure, and then to enlarge the build- 
ing there. I thought it was ample for the needs of the Govern- 
ment. I believe it would save thousands of dollars in the mat- 
ter of construction; but two-thirds of the Joint Committee on 
Printing believed that tlio intention of Congress was that an en- 
tirely new structure should be made and tliat a new lot should 
be purchased. 

Under that state of the case my impression was that the lot 
known as the Mahone lot was the most advantageous lor the Gov- 
ernment, but I was forced to the conclusion, in view of the price 
asked for it and the price asked for the adjoining lots, that there 
was but one result which the committee could reach, which 
was to report in favor of the one which cost the smaller sum of 
money, it containing a sufficient number of square feet. I be- 
lieved that lot was sufficiently large to accommodate tho build- 
ing, and would do so not only now but probably for the nest fifty 
or sixty years or more. 

Mr. President, the Joint Committee on Printing having had 
this matter placed in their hands by a resolution of Congress, 
and having discharged that duty as faithfully as any committee 
ot this body ever discharged a duty, recognizing and knowing 
perfectly well the controversy which had grown up about this 
matter, if not per,sonal feeling (in which, however, I do not 
share), could not, with the light before them, v/ith the proposi- 
tions which wore submitted, in justice to all interested, in my 
judgment, do anything else than report in favor of this particu- 
lar lot. I helievo bothot these squares are good squares for the 
purpose; but one is offered to us for $1.35 a foot— I understand it 
has been reduced by the amendment of the Senator from Mis- 
souri [Mr. Vest] now in price to $1.17 a foot— and the other is 
offered at $1 a foot. 

As I said before, my own judgment has always been that the 
wise thing to do was to extend the present site and condemn 
the property ot tho small holders which is immediately adjoin- 
ing. I have never changed my opinion. The joint resolution 
left, it is true, the Committee on Printing tho right to report 
whatever they saw proper. That committee agreed that the will 
of Congress was that we should have an entirely new lot, and we 
reported in favor ot the Johnson lot. There is no division of 
opinion in the committee as to the propriety ot taking the lot 
offered at the smaller cost, the Johnson lot. 

I know the feeling among the members ot tho Committee on 
Public Buildings and Grounds, who have always claimed that 
this matter was entirely within their jurisdiction, that the Com- 
mittee on Printing ought not to discharge such a duty, and that 
it properly belonged to the Committee on Public Buildings and 
Grounds; 'and that claim comes with great force, as presented by 
my friend from Missouri on my right [Mr. Vest]. So far, how- 
ever, as the members of the Committee tin Printing were con- 
cerned , W3 only wished that the matter had been placed with the 
Senator's committee, but Congress saw proper to take the ques- 
tion by joint resolution from tho Committee on Public Buildings 
and Grounds, if they had jurisdiction, and place it in the hands 
of the Joint Committee on Printing. 



I submit to the Senate whether this body will deliberately re- 
verse tho action of Congress, and will reject the report of the 
Committee on Printing, when thei'O can not bo any question as 
to the propriety ot taking this lot because of the cost, and thero 
can not bo any questipn that the committee have dealt fairly 
with every interest and with every property-holder who has pre- 
sented his claims to tho committee. I confess my astonishment 
and amazement that when that is the case, and when it is known 
to bo the case, another honorable committee ot this body should 
attempt to take jurisdiction ot the matter, and come in and re- 
])ort another projiysition immediately after the Committee on 
Printing had reported. 

I believe that wo have by a miracle, as it wore, escaped groat 
disaster at tho present Printing Office building. It is in such a 
condition, and has b.!en for four or five years, that it is likely to 
collapse at any time. The condition within tliat building of the 
people who are employed there is a stigma on the Government. 
It is an outrage which ought not to be longer tolerated. It is 
most unfortunate that thero should be any controversy as to tho 
selection of a site, and thus delay and postpone the time when 
this relief ought to be given. 

I know — and that controls my judgment very largely in this 
matter — that speedy relief could have been secured by adding 
another wing to the present building. I know, as a matter of 
course, that in purchasing a new square and in erecting a new 
building we are entering upon an expenditure of a million dol- 
lars; but I was limited in my i30wer to act in that matter, as I 
have before stated, by the action of Congress. We understood 
by the resolution adopted that Congress desired a report upon a 
new square. 

I submit to the Senate that, if the action of the Committee on 
Printing is overruled, it will probably be the first time in its 
history when it has given to a standing committee of this body 
power to deal with a question that it has rejected its report, 
and adopted another when there can not be any question as to 
tho capacity of the lot in favor of which it has reported, which, 
to say the least of it, is equal to the one proposed to be substi- 
tuted by another committee. 

The Senate must decide this question. I have said all I desire 
to say. 

Mr. HARRIS. Before the Senator from Maryland takes his 
seat, belonging as he does to the Committee on Printing, I 
should like to ask him if the Johnson lot, including the parking 
which the Government would have a perfect right to appropriate 
if it chose to do so, does not amount to 147,000 square feet? 

Mr. GORMAN. I think the Senator is correct. I have not 
the figures before me, but I want to saj' to the Senator from 
Tennessee that the Johnson lot, without the parking, in my 
judgment has sufficient space for the Printing Office to-day and 
for fifty years to come. 

Mr. HARRIS. I quite agree with the Senator. If we acquire 
the title and right to use 147,000 square feet, then when wo un- 
dertake to ascertain what we are paying per foot, my impression 
is that the cost of the Johnson lot does not exceed 72i cents a 
foot. 
Mr. GORMAN. Those are about the figures. 
Mr. HARRIS. While tho cost of the other lot, one square 
further off, is a little over $1.17 a foot. I think those are the 
facts with regai-d to the two lots, one beingone square nearer the 
Capitol than the other, and equally eligiljle and equally practi- 
cal for the purposes for which a lot is to be selected. 

Mr. GORMAN. That is my deliberate judgment, Mr. Presi- 
dent. 
Mr. VEST. Will the Senator from Maryland permit me? 
Mr. GORMAN. Of course. 

Mr. VEST. The Senator from Tennessee [Mr. Harris] is 
mistaken. The estimate he fixed as to the amount of the park- 
ing is based upon the report ot the Committee on Printing. 
Mr. HARRIS. It is. 

Mr. VEST. Which the Senator from Nebraska [Mr. Man- 
deeson] corrected yesterday and admitted that he had made a 
mistake as to tho parking. I called attention to that also in my 
remarks. 
Mr. HARRIS. What is the extent of tho mistake? 
Mr. VEST. Thirty-two thousand four hundred squai-e feet in 
tho park instead of 37,800. Adding that, and taking out the al- 
ley, that lot would contain 133,015. 

Mr. HARRIS. Very well. No matter whether the view 
which the Senator from Missouri takes of the question or the 
view as reported by the Committee on Printing be correct, there 
is certainly a largo difference put in the cost of the two lots. 
The fact appears that the Mahone lot, as it is called, is on the 
north side of L street, and the Johnson lot is on the south side 
of L street, each lot having exactly the same transportation 
facilities, the Johnson lot being one square nearer to tho Capi- 
tol than the other, and if the topgrapohic conditions of the two 



1893. 



CONGRESSIONAL RECORD— SENATE. 



cept by iron bridges. The dimensions of these fireproof build- 
ings ai'e as follows: 

One 86 feet 6 inches by 53 feet 8 inches, with an " L " 60 by GO 
feet, four stories high. The other is 93 feet by 60 feet, five 
stories high. 

Tlie two contain 60,000 square feet of floor space and cost over 
$90,000 to build. 

Yes, Mr. President, with the stereotype foundry, which is in 
one of these buildings, the Government has expended over 
$100,000 in the buildings, which are as good and useful for the 
purposes of the Government to-day as they were when they were 
erected. 

All this could be saved and used in the now building without 
destroying the architectural effect or its fitness for the purposes 
of a well-contrived office. 

Beside those there are on the site, disconnected from the other 
buildings, boiler rooms, coal vaults, and elcctric-lig'ht plant, 
which could also be utilized for the new building, as they are all 
new and modern in their construction and so situated as not to 
interfere. 

A properly constructed building for a printing office must be 
in the shape of a square or parallelogram, with a court inside, 
so as to be lighted from all sides and so as that the light will 
peuetrate all portionsof the building, the main building cccujiy- 
ing only the outer portions of the site, and of necessity being not 
over 70 or 7.5 feet wide. 

In the court so made could be the boiler rooms, warehouses, 
etc., contained in the present fireproof structures now on the 
site. 

Now, from an economical standpoint, I know it is claimed that 
there are buildings on this additional land which would have to 
be purchaseJ and removed. That is true, but those are not ox- 
pensive buildings, and in my opinion, considering the fact that 
the Government to-day owns almost land enough for its pur- 
poses, the additional land to be purchased there with the im- 
provements on them, would make this the most economical plan 
that could possibly be adopted by the Government. 

As I said before, the Government already owns 63,000 square 
feet in this square, to say nothing of the 20,000 feet of alleys, 
which it could put to no good viS3 were it to abandon the site. 
The .Johnston site contains only 106,000 square feet. It that is 
large enough, it would only be necessarj' to purchase 43,000 feet 
more at the present site to meet the neo .ssities of the office. 
While there is no doubt but that it would cost more per foot than 
the Johnson site, yet the total expenditure would tae much less. 
On the present site the gas and water mains of abundant capacity 
are already in, and it abuts on the largest sewer in the District. 
To put the gas and water mains and the necessary sewers to the 
Johnson site will require the expenditure of many thousand dol- 
lars. Then, again, the fire-proof structures, costing over 890,000, 
would be saved. 

Mr. President, I have said all I care to say on this subject. At 
the proper time I will olTer an amendment looking to the pur- 
chase of additional land so that the present site of the Govern- 
ment Printing Office may be extended and a new building sur- 
round the present structures, which are adequate for purposes 
of storage and which will, in my judgment, save the Government 
of the United States, it that plan is adopted, many thousands if 
not hundreds of thousands of dollars. 

As between the two sites which are in controversy on this 
floor, the so-called Johnson site and the Mahone site, I confess 
that I have very little opinion as to which is the best. My judg- 
ment is that I shall vote with the Committee on Printing, fol- 
lowing their lead in the matter rather than to vote for the other 
site, which would cost more money than the site which the Com- 
mittee on Printing has recommended to the Congress of the 
United States. 

But again I say, in closing, that I know it would bo a matter 
of economy and of good legislation if the Congress of the United 
States would throw aside all the outside lots which are offered, 
it may be at a rate not greater than their value, but which 
would entail upon the Government, in my judgment, extraordi- 
nary expenses, which could be saved by following what every 
good business man would follow — the instinct that teaches him 
to retain the property he has rather than to practically throw 
that away, because if the present site is abandoned the build- 
ings willbe not worth a penny to any man or to any corporation. 
Enlarge that site, construct a new building around the present 
warehouses, and then we shall have a printing office which, in 
niy judgment, will be equal if not superior to any other printing 
office in the known world. 

Mr. MANDERSON. Mr. President, I simply desire to say a 
word, rather that I may hope to enlighten the chairman of the 
Committee on Appropriations upon a matter about which he 
seems to have some little worriment of mind. 



■ho 

;is- 
ido 
; on 

.iits. 

ith 
• I 



The description of the .Tiiiif,~,,.i !,.• n- !.■ ;'- > > 

by the Senator from Ne 

Senator from Missouri, w 

tortod and ill-shaped. It 

it is 401 feet: on another ! 

another 323 feet. So it 

Two of the sides, the noi ; 

and the west side is at ri_... . 

sides, the dilTcreneo in the d; 

have stated, b-ing caused by . ._ 

east, it is bounded by one ottU^- ^'ivut uvvuuua which load out 

from the Capitol, Delaware av.nu.-. 

The Senator from Nov, ' ' . . 

that this is not a perfect 
ing a building upon itwou.v^ . 
monstrosity. Lot us look at 
great building which is so gi 
York, tho post-oflico building, upon . 
a triangle. Tho great K'tiuty of n. 
is because of tho fa. ■ 
laid out tho city of '. 

radiating from cent . - m- 

angles, and iiermit the ■. itg 

that ho shall not have p. . _ 

Mr. IIALE. They all run ciiagonniiy/ 

Mr. MANDERSON. They all run diagonally. Thi- puni-!; ' 
here is not to erect one building that shall r"(p\ 
ground that Is purchased, but in the very nature !■ 
must bo different buildings, one for the Pi i • 
for the use of the compositors: another l<> 
warehouse the crude material: another hnW 
which is to be distributed throughout t 
product: another in which .thall Ixi tho ei 
etc 

In regard to the statement an to tho grwitoxfont of pround 
required for use hero, it is tri; ' ' " 'ilot 

was i)roposed to be purcha.scMl ..-n- 

tlemen to whom I referred ye- ,.(•- 

ommonded the purchase of th. liai 

lot. I should have been glad ; i,oi 

time. I should be glad to seo it uiudu ■ :-ice 

at which it is offered, which I tlilnk is :. real 

value. 

Referring to that report. I am advised, aa stated by tho Sen- 
ator from Missouri [Mr. Vest], that thf '' ■■• V- I'.:-. 

ing, confirmingthe action of the oouimi' ■ 

to which I have referred, suggested tha ^ 

would bo desirable. It would bo desi-abio because upon that 
ground, as upon the Mahone ground, it would h» nei-essnry to 
use a part of tho ground for trii. ' iho 

greatest office buildings in the we; iod 

for the uses of the State, Navy, and \s;i. i/. :ii;i ud- 

ing its basement it is four stories in lieight. !• .ji-- 

haps from 2,000 to 2..50O eraployi's in :)] tin,. .irl- 

ments. Yet it has, including theg ilO I 

feet of area. Tho great Treasury 1 or 

2,500 employees. It covers an area of 1 l.j.uuu 
that amount 33,120 feet are in tho courts, 
square feet occupied by the building. 

It seems to mo that a comparison with what will bo the prob- 
able needs of the Public Printing <>"'■ -''• " '■ - •■ '' 

stated in reference to these other I 

aiice enough to anyone that even \-. 

surrounding tho Johnson lot and inciuaing in i' 

which is proposed to be paid for. th" IW.OO'i feet. ., 

it nearly 10,000 feet in tho all ithin it, givluji IIJ.UOJ 

square feet, it is ample for ou; 

The Senator from Iowa sp<>i.' "; ui- -'' ' ' 'o It 

on Delaware avenue. It is true that wl rit- 

ten the Committee on Printir, ' lii.l i wa-i 

anything in the way of defini;- ■ > a 

change of the road, but we ha. rf 

of those who are upon the District ot C- 
there is a proposition of chani^e. not i- 
cross work on the part of i ' 
Ohio Railroad Company. 
best for its own purpo.-i - ;, 
roads and come from the Ijou: 

I have no question but th:i ■ ■ "ry 

short time. I have .seen the nmoi. i. I un- 

der.-itand that all the plans and thf .vo boon 

prepared for the erection of n ' " ';:rh, 

carrying upon itssiirface four ': le. 

1 have no doubt. I say, but • " ' '••■ 

a very short time, and w 
from "the railroad track. "^ . •• 



189(j 



CONGRESSIONAL EECORD— SENATE. 



Febeuaey 21, 



reach it by an elevated railway, just as you must reach the John- 
son lot bvan elevated railway. 

Now, what i-i the condition as lo. Delaware avenue, which joins 
the Johnson tract or lot on th;; cast? It is KiO feet wide. On the 
elevated track, which would pass the building- on that lot ui-on 
the east, you will have the same sort of side track for switch room 
that is desired by everybody in the manufacturing business. If 
a manufacturing: establishment can place its building by the side 
of a railroad so that there can enter the building from that side 
by surface railway or elevated road material to be placed within 
the building from cars upon the public highway it considers it a 
great advantage. So here with the tracks runniug alongside on 
this parking, if you jilease, -iO feet 

Mr. HOAR. Is it e:iually true of aprinting office? The Sen- 
ator speaks of a manufacturing establishment. 

Mr. MANDERSON. I should think so most decidedly, for 
what is the Government Printing Otiice but a great manufactur- 
ing establishment, in which there must go the thousands of tons 
of coal, the immense amount of jiaper that is consumed upon the 
presses, the weight of which is enormous, and the cartage of 
which is mostexpensiveV AU that could enter from the elevated 
track into the second story of the building by the processes I de- 
scribed at greater length yesterday (and I do not desire to re- 
peat myself in that regard), to the very great advantage and to 
the very great economy of the Government in its use. 

Mr. VEST. May I ask the Senator a question before he con- 
cludes? As a ma'ter of course, the Senator from Nebraska 
wishes to state this case as it really is. I understand him to say 
that there are 115,405.98 square feet available for building pur- 
poses in the Johnson lot. I tried to take down his language. 
There are 115.000 square feet? 

Mr. MANDERSON. Yes: a little over 115,000 square feet. 

Mr. VEST. Now, is it not a fact that if the building is erected 
in a square form, including the alleys which are donated, there 
will be only 91,407.07 square feet? 

Mr. MANDERSON. Why should the building be erected in 
a square form? 

Mr. VEST. I assume that the fourteen thousand four hundred 
and odd square feet in the shape of a triangle would be utilized. 

Mr. MANDERSON. But it is not a triangle separate and apart 
from the lot itself. It is simply that change from a square form 
that is incident to Delaware avenue, which assumes that shape. 

Mr. VEST. Then one portion of the building would violate 

1 architectural rules. According to the dimensions— and I 



all „,„„.- o 

have before ma the official map from the surveyor's office of the 
District of Columbia— this Johnson lot on L street has 310. 1 1 
lineal feet. 
Mr. MANDERSON. On L street? 
Mr. VEST. That is. if we adhere to the square form. 
Mr. MANDERSON. Oh, to adhere to the square; but that is 
not the dimensions of the lot. 

Mr. VEST. Very good. Then if we do not adhere to that 
form, it is on that side 401.10 feet. On the other side, on North 
K street, it is 310.11 feet, making a difference of 90.11 feetbetween 
the two sides, leaving in this triangle, as I term it, 14,720.96 
feet. That is the actual proportion of the Johnson lot. 

Mr. MANDERSON. The dHYerence between the Senator from 
Missouri and myself is that I think when you consider the fact 
that what he calls the triangle abuts Delaware avenue, one of 

the main avenues of the city 

Mr. VEST. Which is not open. 

Mr. MANDERSON. With a projected railroad there, it is of 
very great advantage that it should have that form. 

Mr. VEST. It has been repeatedly asserted here that Dela- 
ware avenue gave a direct route to the Capitol. That avenue is 
not practically open. It has to be opened in order to bring about 
the state of things which has been used here as an argument. 

Now. one single remark, and I am done with this matter. The 
Senator speaks of the number of square feet in the sites of the 
State, War and Navy building and the Treasury building. I 
undertake to say that neither building is large enough. The 
Senate of the United States has at three recurring sessions passed 
a bill providing for a hall of records at the instance of Depart- 
mental officers in order to give space for the material and the 
books and papers which are stored to-day in those buildings, the 
debiis of I ast business which can not be destroyed and should be 
stored elsewhere. 

I assert, as a member of the Committee on Public Buildings 
and Grounds, that no fact has been brought before us so promi- 
nently ar,d repeatedly as the fact that the Department buildings 
now in the city of Vv'ashington are too small. They were built 
as if the Government would never increase. We are asked now 
to perpetrate the same folly and to take ground amountingeven 
on the Senator's estimate t'o 115.000 square feet, as if there were 
always to be (:5,(ioo.<l00 people in this country. 

The VICE-PIIESIDENT. The question is on the amendment 
of the Senator from Missouri [Mr. Vest] to the amendment of 



Senator from Nebiaska [Mr. M ANDERSON] on which the yeas and 
nays have been ordered. The Secretary will call the roll. 
The Secretary proceeded to call the roll. 

Mr. BLACKBURN (when his name was called). On this 
question I am paired with the Senator from New York [Mr. 
Hill], who is absent. I withhold my vote. 

Mr. CALL (when his name was called). I am paired with the 
Senator from Vermont [Mr. ProCTOR]. I do not know how he 
would vote. 

Mr. GORMAN. I ask that the roll call be suspended and that 
the Chair state the question b jforo the Senate. It is not well 
understood. 

The VICE-PRESIDENT. The question is on the amendment 
of the Senator from Missouri [Mr. Vest] to the amendment of 
the Senator from Nebraska [Mr. Manderson]. 

Mr. GORMAN. The amendment of the Senator fi-om Mis- 
soeri proposes to purchase the Mahone lot, I understand. 

Mr. HARRIS.^ To vote "yea" is for the Mahone lot and to 
vote " nay "is against it, I understand. 

The VICE-PRESIDENT. The Senators are correct. The 
roll call will proceed. 
The Secretary resumed the calling of the roll. 
Mr. FAULKNER (when Mr. Camden's name wss called). 
My colleague [^Mr. Camden] is neces.:iarily detained from the 
Senate this morning, and is paired with the Senator from South 
Dakota [Mr. Pettigrew]. 

Mr. QUAY (when Mr. Cameron's name was called).. Mycol- 
league [Mr. Cameron] is paired -with the Senator from Ver- 
mont [Mr. Morrill]. 

Mr. CULLOM (when his name was called). I have a general 
pair with the Senator from Delaware [Mr. Gray]. By an ar- 
rangement with the Senator from West Virginia [Mr. Faulk- 
ner] I transfer that pair to the Senator from Rhode Island [Mr. 
ALDRlCHJand vote. I vote "yea." 

Mr. DIXON (when his name was called). I have a general 
pair with the Senator from Mississippi [Mr. Walthall]. In 
his absence I withhold my vote. 

Mr. FAULKNER (when his name was called). The pair which 
I have with the Senator from Rhode Island [Mr. Aldricii] has 
been transferred to the Senator from Delawaa'e [Mr. Gray]. I 
vote " nay.'' 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. Dolph]. If he were here he 
would vote " yea" and I should vote " nay." 

Mr. GIBSON (when his n-iine was called). I am paired with 
the Senator from ISIichigan [Mr. Stockbridge]. If ho were 
present he would vote " yea" and I should vote " nay.'' 

Mr. IRBY (when his name was called). I am paired with the 
Senator from California (Mr. .Stanford). It he were present I 
should vote "nay." 

Mr. MORRILL (when his name was called). I promised tha 
Senator from Pennsylvania (Mr. QUAY] that I would ] air with 
his colleague [Mr. Cameron], and I withhold my vote. 

Mr. PETTIGREW (when his name was called). I am paired 
with the Senator from West Virginia [Mr. Camden]. I transfer 
my pair to the Senator from Montana [Jlr. Sanders], and vote 
"yea." 

Mr. PLATT (when his name was called). My colleague [Mr. 
Hawley] is necessarily absent from the Senate to-day and I have 
paired with him on this question. If he were present he would 
vote " nay " and I should vote " yea.'' 

l\Ir. RANSOM (when his name was called). I am paired with 
the Senator from Maine [Mr. Hale]. If he were present I 
should vote "yea.'' 

Mr. WHITE (when his name was called). I am paired with 
the Senator from California [Mr. Felton]. If he were present 
I should vote "nay.'' 

Mr. WILSON (when his name was called). I have a general 
pair with the Senator from Georgia [Mr. Colquitt], but I 
transfer that pair to the Senator from Wyoming [Mr. Warren], 
and vote "yea." 
The roll call was concluded. 

Mr. DAWES. The Senator from Alabama [Mr._ Morgan] 
being absent, and not knowing how he would vote, I withhold my 
vote, being paired with him. 

Mr. WILSON (after having voted in the affirmative). On 
further information with respect to this question, I desire to 
v/ithdraw the pair I announced between the Senator fr^'m Wy- 
oming [Mr. Warren] and the Senator from Georgia [Mr. Col- 
quitt], and let my pair stand with the Senator from Georgia 
[Mr. Colquitt]. I withdraw my vote. 

Mr. BERRY. I desire to ask if the Senator from Rhode 
Island [Mr. Dixon] announced a pair with the Senator from Mis- 
sissippi [Mr. Walthall]. I will state that the Senator from 
ISIississippi [Mr. Walthall] is paired with the Senator from 
Rhode Island [Mr. Dixon]. 



1893. 



CONGRESSIONAL EECORD— SENATE. 



1897 



The VICE-PRESIDENT. The Chair is informed that tho 
pair was announced by tho Senator from Rhode Island [Mr. 
Dixon]. 

Mr. BERRY. The Senator from Mississippi [Mr. Walthall] 
wished to have it announced that he would vote "nay" if he 
were present. 

Mr. GORDON. I arranged yestjrday, as I had supposed, to 
transfer my pair with the Senator from Wyoming [Mr. Wai{- 
ren], with whom I have a general pair, to another Senator, but 
as there seems to be some misapprehension about it. I prefer to 
withhold my vote and announce that I am paired with the Sen- 
ator from Wyoming [Mr. Warren]. If ho were hero I should 
vote " nay.'' I believe the Senator from Iowa [Mr. Wilson] has 
already announced the pair of my colleague [Mr. Colquitt] with 
himself. 

Mr. HUNTON. My colleague [.Mr. Daniel] is paired with 
the Senator from Washington [Mr. Squire]. If my colleague 
were here he would vote '"nay." 

The result was announced — yeas 21, nays 24; as follows: 



Allison, 

Brice. 

nmler, 

Carey, 

Cullom, 

Davis, 



X 

OS 

-a 



C3 
03 
CO 



B.ate, 
lierry, 
Caflery, 
Chandler, 
Cockrell, •«— • 
Coke, O 

03 



.lojies, Nev. 

Liudsav, 

Mlti-hell, 

Perkins, 

Pettigrew, 

Power, 



Dubois, 

Faulkner, 

Gorman, 

Hansbrough, 

Harris, 

Hiscock, 



YEAS-21. 
Pugh, 
Quay, 
Sawyer, 
Sherman, 
Stewart, 
Teller, 

NAYS-21. 
Himton. 
Jones. .\rk. 
Me.MlUiu, 
Manderson, 
Paddock, 
Palmer, 



Aldrich, 

Allen, 

Blackburn, 

Blodgett, 

Call, 

Camden, 

Cameron, 

Casey, 

Colquitt, 

Daniel, 

Dawes, 






NOT VOTING— 13. 

Dixon, Higgins, 

Doliih, Hill, 

Feiion, Hoar, 

Frye, Irby, 

Gallinger, Kyle, 

George, McPherson. 

Gibson, Mills, 

Gordon, Morgan, 

Gray, Morrill, 

Hale, Pasco, 

Hawley, Piatt, 



Vest, 

Washbiurn, 

Wolcott. 



Pcftcr, 

Shoup, 

Turple, 

Vance, 

Vilas, 

Voorhees. 



Proctor, 

Ransom, 

Sanders, 

Squire. 

Stanford, 

Stockbridgo, 

Walthall, 

Warren, 

White, 

Wilson. 



So the amendment to the amendment was rejected. 

The VICE-PRESIDENT. The question recurs on the amend- 
ment of the Senator from Nebraska [Mr. Manderson]. 

Mr. GALLINGER. I desire to offer, as an amendment to that 
amendment, the amendment printed in the Record of yester- 
day's proceedings, which I send to the desk. 

The VICE-PRESIDENT. Tho amendment to the amendment 
will ba stated. 

The Chief Clerk. It is proposed to strike out all after the 
word "ninety,'' in line 12 of the amendment proposed by Mr. 
Manderson, and insert: 

And that the Secretary ot the Treasury, tho Secretary of the Interior, and 
the Architect of the Capitol Extension, acting as a board, be, and they are 
hereby, empowered and iu.structed to acquire, as hereinafter provided, such 
additional part of square numbered 6'Zi, in the city of Washington, D. C, as 
may bo deemed necessary for the needs ot the Government Printing Office, 
which said square is bounded as follows: On the east by North Capitol 
street, on the north by H street uortn. on the west by First street west, and 
on the south bvG street north; and the Secretary of the Treasury Is hereby 
directed to pay out ot the sum hereinbefore mentioned such amount as may 
be found necessary, when deeds duly approved by the .Mtorney-Geneval of 
the United States conveying to the United States said property hereinbefore 
mentioned shall be delivered to him; Provided, That such sum does not 
exceed the amount of said f350,000. 

That for the purpose of acquiring said real estate the said board may pur- 
chase the same, or any part thereof, from the owner or owners; and if the said 
board shall be unable so to purchase the same, or any part or parts thereof, 
at a price that In their opinion is reasonable, they may institute legal pro- 
ceedings for the condemnation thereof. 

The VICE-PRESIDENT. Tho question is on agreeing to tho 
amendment of the Senator from New Hampshire to the amend- 
ment of the Senator from Nebraska. 

Mr. GALLINGER. I desire simply to say that my amend- 
ment contemplates an enlargement of the presentsite. It is the 
propcsition I discussed a few minutes ago. 

Mr. STEWART. I think thepresjnt site is better than the 
Johnson lot, as it is ca'.led. I think the IMahone lot was the 
best, but I think this is the next best. I do not think tho John- 
son lot is a suitable place for the Printing Office. 

The question has been di.-:cussed so much that I will not dis- 
cuss it at length: but one thing struck me very foi-cibly. It was 
suggc^sted that the company is going to raise these railroads. If 
that is done the track will be up to the second or third story. 
There must be more or less side track along the building, and it 
will till the establishment with smoke. I think it would b;i a 
very inconvenient place. I should certainly prefer the old site 
to the Johnson lot. 

Mr. BUTLER. Ljt us have the yeas and nays on the amend- 
ment to the amendment. 



Mr. GALLINGER. I ask for the yeas and nays upon it. 

The yeas and nays were ordered. 

Mr MANUKUSOX. I do not want to dotaia tho Souato, but 
I wish to put my opinion against that of tho Senator from Ne- 
vada, who has jus I addressed the S.-nato. and sirnplvsav tluittho 
Committee on Printing woro u;:;;- ■ In their ri " 'lo 

Johnson tract. It is true, ;is hv the .'- mi 

Maryland [Mr. Golt.MAN'l upon t_ . ■ •"i:!. ■,■ . I 

feel warranted in referring to it. Xlie ^ ij 

was an.xioiis forthc extension of tho Piibl. ta 

present location, but I think upon full expU/i.Hii.u oi. n h ■ ulmu- 
doned that idea. Tho balance of tliat squaro, 1 am Ra-i.^lieil. can 
not be obtained, either by negotiation or by condeninution pro- 
C03dings, at a dollar less than t:! a foot. 

In some of tho former bids that were made. *.'{ a fooi " .^ ,. ■ ..,i 
that is, bids made when the matt-.r was iiiidor the W ■t\- 

mittco i}3 a fool was asked, and in addition to that i: . of 

the improvements upon the lot. 

Mr. VEST. I should liko to ask tho Senator a quostlon. 

Mr. -MANDEHSON. Certainly. 

Mr. VEST. Is it not his opinion. ba-:ed uix)n information ho 

has as chairman of tho committee, that if wo -' ■' ■ -nn 

the balance of tho s luare bolides that which b v- 

ernmont where thojrosL-nt l^rinting Olllco is, tiio 

Government from five to six dollars a foot wiih lliu improve- 
ments'? 

Mr, MANDERSON. Tho present square? 

Mr. VEST. Yes; where the Printing Otliio now is. 

Mr. MANDERSON. I say it would bo «,'l a foot without tho 
improvements, whatever the improvements might bo worth In 
addition. 

Mr. VEST. Would it not approach five or six dollars a tKiusro 

foot'? 

Mr. M.VNDERSON. It might approach that figure. 

Mr. VEST. How much should we have to condemn there'? 

Mr. MANDERSON. I can give that to tho Senator by a rof- 
ere.ncc to tho papers before me. 

Mr. VEST. As a matter of course wo should not have lo con- 
demn what we now own. 

Mr. STEWART. How much do wo now own? 

Mr. MANDEIiSON. Sixty-two thousand square feot. 

Mr. VEST. How much is in the square? 

Mr. MANDERSON. I would have to guess at it. 1 think, 
perhaps, KiO.OIIO or 170,000 square feet. 

Mr. VEST. That shall hi KKI.OOO square feot in round num- 
bers that would have to be obtained, and at ?0 it would amount 
to half a million dollars for the ground alon^.-. 

Mr. MANDERSON. But to mo the very great obj^'ction to 
the selection of that place is that it would be imiiossiblo to run 
a I'ailroad track into it. I do not want to repeat th.- ,; I 

made showing, that for the sake of economy, the Ikj 

some location selected that isapproachablo, anil easily .ii.|.. ...n lia- 
ble, by a railroad. 

Mr. GALLINGER. I desire simply to make tho observation 
that with the alleys there are 8.'},<>00 feot in that lot. Tho alloys 
are available. As between H.'j,OW and Imi.iKp*) s<iuare feet, the 
.lohnson lot contains only 2.'t,00o fe.'t more: and even if the addi- 
tional land at tho present site costs ?! or * ■ a foot, at *;! a foot 
the amount would be $69,000; at •ii.'j a foot, jl l.'.,i)oo. 

Mr. .MANDERSON. Does the Senator propose to buy all that 
square'? 

Mr. GALLINGER. I do not think it would bo to 

buy all tho square. I see no reas m why it should 1 u-y 

to'ljuy it; but if you buy as iniich land as there is In tin Juliii.-on 
lot you will get itvory much cheaper than you can g-t the .John- 
son lot. 

Mr. MANDERSON. I have now tho figures. Tho licsent 
Government Printing Office and the warohoiiS'- lOl tlii< ■■ .. imig 
the Government owns, embrace ('>2,0()0 .square ' lio 

square upon which tho Government I'ri'itin;- ' .■••d 

you would have to buy in addition 1' ;iio fed. There 

arc contained in tho alleys |s,0 ;0 sq' -naking the total 

number of square feet in tiie block, 2-..'. 

Mr. VEST. I should like toa.sk the Senator from Now Hamp- 
shire if tho Public Printer in his p" '■ ■ I'-i.iii . .• -tito 

that 218,000 square feet would bo no- 

Mr. GALLINGER. I think that it 

was the statement of the committee thai nom..- .* ljcr« over 17>>,000 
feet were necessary- 

Mr. MANDERSON. No. 

Mr. GALLINGER. The committee pro))08o to purchase 100,- 
OOO square feet, and we will meet tho '■'- •" '■■■' ■' n<\. 

Mr. STEWART. What would Ix' ' h 

ground there to obtain as largo a lol ;. • 

square feet? 

Mr. MANDERSON. The Johnson lot contains 115.000 feet 



1898 



CONGRESSIONAL RECORD— SENATE. 



Februaey 21, 



Mr GALL.INGER. I have been informed— the information 
may have been incorrect-that those alleys are owned by the Gov- 
ernment. The Senator from Nebraska seems to state to the con- 

""Mr." MANDERSON. I stated nothing of that kind, nothing 
that could be construed that way. ,v, . ti „ 

Mr GALLINGER. I appeal to the Record to show that the 
Senator said the Government owns G2,000 feet. It the Govern- 
mt ut owns the alleys, the Henator stated incorrectly the num- 
ber of feet the Government owns. If the Government does own 
8:^ (1(10 foot, as I asserted a little while ago, it will cost $3 a foot 
for additional property $B9,000 to get as much ground as there 
is in the .Johnson lot. • i ., * 

Mr. MANDERSON. Lot me repeat what I said. 1 said tliat 
the present Government Printing Oflico and warehouse owned 
by the Government occupy 62,000 square feet; that to buy the 
whole block the Government would have to purchase from i)ri- 
vat- owners 155,000 square feet, and there are contamed m the 
allcvs, which of course belong to the Government, 18.584 square 
feel' makinn- 235.000 square feet in the block. I do not see how 
the Senator from New Hampshire could have misunderstood 
mc tor I r.-ad it exactly from the paper from which I read now. 

Mr. BUTLER. Mr. President „ „ ^ ^■ -u 

Mr. GALLINGElf. If the Senator from South Carolina will 
yield iust one moment, I rose simply to make a statement that I 
had no purpose to misrepresent the chairman of the Committee 
on Printing, and I think when the RECORD is read to-morrow 
moi-nini^ it" will bo found I did not misrepresent him. I merely 
want to make the additional remark that it should be borne in 
mind the warehouses which are now on the present site, which 
are commodious, which are iircproof, which are comparatively 
new will save the Government $100,000 in addition. 

Mr BUTLER. I was just going to state that it economy is 
what we are after, and I presume everybody is after economy in 
th.se days, the Senator from ISiew Hampshire [Mr. Gallinger] 
has demonstrated to the satisfaction of my mind that it would 
be very much cheaper for the Government to buy the additional 
ground near the present site of the Public Printing Ofiice than 
to buy the Johnson lot. .■,,_. . 

The Committee on Printing have complained that some ot us 
have not agreed with their report. The difficulty has been tfiat 
they do not appear to be entirely consistent about it. At the last 
session ot Congress that committee came in and, I believe, with 
practical unanimity recommended the purchase of what is known 
as the baseball lot. Now they come in and recommend the 
purchase ot the Johnson lot. It turns out that in the baseball 
lot, which had the recommendation ot the committee, there was 
not a foot ot it that was not made ground, the Tiber Creek run- 
ning through it. 

Mr. MANDERSON. That is a great mistake. Far less ot it 
was made ground than there is made ground on the Mahone 
tract. 

Mr. BUTLER. Of the baseball lotV 

Mr. MANDERSON. Of the baseball lot, which I described 
yesterday, and I can not understand how the Senator can have 
anv different impression. I showed by the map yesterday ex- 
actly the course ot Tiber Creek from one side ot the Mahone tract 
to the other, and on the b.isaball lot Tiber Creek ran through 
but a small corner and did not pass from side to side. 

Mr. BUTLER. But what are the facts about how much of the 
ground is made groundV I understand all ot it is. 

Mr. MANDERS(3N. Ot the baseball lot? 

Mr. BUTLER. Of the baseball lot. 

Mr. MANDERSON. Oh, no, the Senator is mistaken about 

that. 

Mr. BUTLER. How much of it is made ground.-' 

Mr. MAN DERSON. Probably one-third ot it is made ground. 
That is filled from the depth ot 1 foot to about 10 feet. 

Mr. BUTLER. I am informed by the Senator from Missouri 
that one-half of it is made ground. 

Mr. MANDERSON. That is a mistake. 

Mr. BUTLER. However, that is not before the Senate. What 
I wish to call the attention ot the Senate to is the fact that the 
Senator from New Hampshire [Mr. G.vr.LiNGER] has demon- 
strated that it would be cheaper to buy the additional ground 
near the present site than to buy the Johnson lot, which is in be- 
tween two railroads and which is inaccessible except at groat 
peril to life and limb on the part ot those who have to pass to 
and from it. I shall vote for the amendment of the Senator 
from New Hampshire. 

The VICE-PRESIDENT. The roll will be called on agreeing 
to the amendment to the amendment. 

The Secretary proceeded t) call the roll and Mr. ALLISON re- 
sponded in the negative. 

Mr. GEORGE. I do not understand the question. 



The VICE-PRESIDENT. The question is on the amendment 
of the Senator from New Hampshire [Mr. Gallinger] to tho 
amendment of the Senator from Nebraska [Mr. Manderson]. 
Mr. BATE. Let the amendment to the amendment be read. 
The VICE-PRESIDENT. It will be again read. 
Mr. GALLINGER. I will state that my amendment simply 
contemplates an enlargement of the present site. That will sat- 
isfy Senators without having the amendment read. 
Mr. VEST. There is no use to read it. 
Mr. MANDERSON. Let the amendment be read. 
The Chief Clerk. Strikeout all after tho word "ninety," 
in line 12 ot the amendment proposed by Mr. MANDERSON, and 
insert: 

And that the Secretary oJ the Treasury, the Secretary ol the Interior, and 
the Architect ot the C^apitol Extension, aciiug as a Ijoard. he, and they are 
hei-eliy, empowered and instructed to acquire, as hereinafter provided, such 
additional part ot square No. 624, in the city ot Wasliinfton, D. C, as may 
be deemed necessary tor the needs ot the Government Printing Office, which 
said square is ijouuded as follows: On the east by North Capitol street, on 
tho north by H street north, on the west by First street west, and on the 
south hj G street north ; and the Secretary ot the Treasury is hereljy directed 
to p.ay out ot the sum hereinbefore mentioned such amount as may l)e found 
necessary, when deeds duly approved by the Attorney-General ot the United 
States, conveying to the Utilted States said property hereinbefore mentioned, 
shall be delivered to him: Provided, That such sum does not exceed the 
amount of said $450,000. .^ , , 

That for the purpose ot acquiring said real estate the said board may pur- 
chase the same, or any part thereof, from the owner or owners; and it the 
said bo.ard shall be unable so to purchase the same, or any part or jiiirts 
thereof, at a price that, in their opinion. Is reasonable, they may institute 
legal proceedings for the condemnation thereof. 

Mr. MITCHELL. I wish to know whether if this amendment 
is adopted it is intended to take the place of that which is rec- 
ommended by the committee? 

Mr. MANDER.SON. It is a substitute, I understand. 
Mr. JONES ot Arkansas. I rise to a parliamentary inquiry. 
Is this interru])tion of the roll call in order? 

The VICE-PRESIDENT. It is not in order except by unani- 
mous consent. 
Mr. JONES ot Arkansas. I insist that the roll shall be called. 
The VICE-PRESIDENT. The roll call was interrupted by 
Senators desiring to have tJie question stated. 
Mr. WASHBURN. I call for the regular order. 
The VICE-PRESIDENT. The roll will be called. 
The Secretary resumed the calling of the roll. 
Mr. BLACKBURN (when his name was called). I again an- 
nounce my pair on this question with the junior Senator from 
New York [Mr. Hill]. 

Mr. CALL (when his name was called). I announce my pair 
with the Senator from Vermont [Mr. Proctor]. I do not know 
how he would vote, and therefore withhold my vote. 

Mr. DAWES (when his name was called). I announce my pair 
with the Senator from Alabama [Mr. MORGAN]. 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. Dolph]. 

Mr. GIBSON (when his name was called). I again announce 

my pair with the Senator from Michigan [Mr. Stockbridge]. 

It he were present he would vote "yea " and I should vote "nay." 

Mr. GORDON (when his name was called). I am paired with 

the Senator from Wyoming [Mr. Warren]. 

Mr. PETTIGREW (when his name was called). I ti-anster my 
pair with the Senator from West Virginia [Mr. Camden] to the 
Senator from Montana [Mr. SandersJ, and vote "yea." 

Mr. PLATT (when his name was called). My colleague [Mr. 
Hawley] is alisent to-day. He would vote against this propo- 
sitiiin and I vots against it. I vote "nay." 

Mr. GEORGE (when Mr. Walthall's name was called). My 
collea'Tue [Mr. Walthall] is paired with the Senator from 
Rhode Island [Mr. Dixon]. If my colleague were present he 
would vote "nay." ,, ,, .^ . , 

Mr WASHBURN (when his name was called). I am paired 
with the Senator from Connecticut [Mr. Hawley]. If he were 
present I should vote " yea."' 

Mr WILSON (when his name was called). I again announce 
my pair with the Senator from Georgia [Mr. Colquitt], and 
withhold my vote, not knowing how he would vote. 
The roll call was concluded. 

Mr FAULKNER. Under the transfer ot pairs, so that the 
Scnal^or from Rhode Island [Mr. Aldrich] stands paired with 
tho Senator from Dolaware [Mr. Gra-y], I vote " nay." 
The result was announced— yeas 14, nays 34; as follows: 
YTSAS— H. 

Power, Teller, 

Sa-nTer, Vest. 

Shoup, 
Stewart, 
NAYS-34. 

Colie, Faullmer, 

Culiom, Frye, 

Dubois, Hansbrougb, 



I 



Blodgett, 
Butier, 
Carey, 
Davis, 



Galllng'er, 
Jones, Nev. 
Perkins, 
Pettlgrew, 



Allison, 

Bate, 

Berry, 



Caltery, 

Chandler, 

Coclirell, 



For subject see Index. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



Harris. 


Mandorsou, 


Pefler, 


\'anct'. 


Huntou, 


Mills, 


Piatt, 


Vilas, 


Jones, Ark. 


Mitehell, 


Pugh, 


Voorheos, 


Kyle, 


Morrill, 


Quay, 


White. 


Lindsay, 


Paddock, 


Sherman, 




McMillan, 


Palmer, 


Turpie, 






NOT 


VOTING— 40. 




Aiarich, 


Dawes, 


Hawley, 


ilansom. 


Allen. 


Dixon, 


Higglns, 


Santlers, 


Blacl;biu-n, 


Dolpli, 


Hiri. 


Squire, 
Stiinford, 


Brice. 


Felion, 


Hlscock, 


Call. 
Camden, 


George, 
Gibson, 


Hoar. 
Irby. 


Stockbrldge. 
Walthall 


Cameron, 


Goi-dou. 


McPherson, 


WarrcD. 


Casey. 


Gorman, 


Morj;:an, 


Washburn 


Colquitt, 


Gray, 


Pasco, 


Wilson. 


Daniel, 


Hale. 


Proctor, 


Wolcoti. 



So the amenclment to the amendmiut was rejected . 

The VICE-PRESIDENT. The que.^tion rocurs oa ao-rceinn- to 
the amendment of the Seuatoi- from Nebi-aska [.Mr. Manderson]. 

Mr. VEST. I should like to know whether the Committee on 
Apjiropriations favor this amendment. I will ask the chairman 
of the committee what is the attitude of hi.s committee on the 
question. Wo have heard so much to-day about the paramount 
authority of the committee that reports a bill, I want to know 
now. between the Committee on Api)ropriations, which has 
charge of the sundry civil appropriation bill, and the Committee 
on Printing-, which offers this amendment against the report of 
the Committee on Appropriations, how the latter committee 
star.ds. 

Mr. ALLISON. I do not know that the Committee on Appro- 
priations is especially called upon to decide as respects this sub- 
ject. I will state that the Committee on Appropriat ions, when this 
matter was under discussion in the committee, was divided. 
We had seen in former days the gentle and friendly strupfjlos 
• between the Committee on Public Printing and the ComnTitteo 
on Public Buildings and Grounds, and we concluded it was wise 
on the part of the Committee on Appropriations to keepasitua- 
tion of quiet neutrality 

Mr. VEST. Mr. President 

Mr. ALLISON. If the Senator will allow me to proceed— as 
we did not feel that it was necessary for us to indulge in any 
fights upon thisfloorupon these subjects, which were sufficiently 
taken care of by the Senator from Missouri and the Senator from 
Nebraska. That was our attitude. 

Mr. VEST. Will the Senator allow mo? 

Mr. ALLISON. Occupying my.self a midwjy position between 
the two Senators, I felt especially in a conci ion not to mingle 
very much in the struggle. 

Mr. VEST. Will the Senator 

Mr. ALLISON. I decline to yield for a r.omont, because I 
wish to iinish the line of thought I have in mi:id. 

The VICE-PRESIDENT. The Senator froji Iowa has the 
floor and will proceed. 

Mr. ALLISON. Two or throe years ago I m sslf endeavored 
to follow the Committee on Public Printing in its support of the 
purchase of what is known as the ba.scball lot. and I sti-ugglod 
here for some time in support of the Committee on Public Print- 
ing in favor of that plan. We were told on this floor that it was 
artificial ground, and that it was unfit for the purposes of a Pub- 
lic Printing Office, because you could not get a secure fotmdation. 
I went to the trouble of inquiring of thu Architect of the Capitol 
whether it was a practical thing to secure a good foundation for 
a building at that point, and I was informed that there was no 
difficulty about it: that it is true a portion of it was artificially 
made ground, but by a little excavation, etc., perhaps piling a 
little, an absolutely good foundation could be secured. So the 
matter went on. The struggle wc have seen here to-day is in 
some respects the struggle of two or three years ago. 

Then the Committee on Printing took further jurisdiction of 
this subject, and after some investigation report to us that as 
compared between the Mahouo lot and the .Johnson lot (I believe 
those are the designations now) the .lohnsou lot is the best, be- 
cause it is on the whole the chcajjest, and that it can be pur- 
chased for $1 a foot and the Mahone lot would cost Si..'!") a foot. 

I was rather inclined to support the Committee on Public 
Printing in that view, because I believed and still believe that 
Sl.;j.5 afoot is too much for ground in the nei.ghborhood of the 
Mahone lot or for that pa"ticular ground, being SOOfeet longand 
some two or three hundred feet in width: but 1 found as the de- 
bate progressed that the Mahone lot could be purchased for ^1.10 
a foot, by the consent of the Senator from Missouri, who modi- 
fied his amendment. 

As for myself, and I have no worriment about this matter, I 
shall be content to yield to the judgment of a majority of the 
Senate as respects this question, whatever it may think about 
it; but according to my view, at $1.10 a foot for what is known as 
the Mahone lot as compared with $1 for the other, the Mahone 



_ 11)09 

lot is the most desirable. That is only myoT 

fore I so voted. I think, however, that both'*'' from .\Ias^a■hu- 

than the price asked for them ou^ht t.. K-. ''•i ap-r ■::■:,' to 

Now, coining to the inquiry i 
souri, the Committee on Anprc 
respect t;i this iv: ■ 
as I know have . 
fioor in !,":[r(l i. 

of the. ,,^ 

the am . , 

i am sliL lu uvor ui ii, ijccuu^c I Ujliovo, as raooiuoU bv him. It 
IS the wij-osl and test thinp to do. 

I am al3.> of the : ' " ' ' ,., 

if nothing is doi; ' , 

question, and it ■ '"j 

a reform Admin i , 

the dilliculties w i. 

Mr. VEST. Mr. I'rcciuoi.l, ; [^ 

Iowa upon having pn^servel th ,\. 

ing entirely neutral ih :' ,,'.. 

mation I required no i. [^ 

general ami.ilnlity and .,.= .,, ,i=.i...-,i:,.:i ui uik ... 

is any acrimonious ooutestgoing on. Still, u(>'. .* 

deo'aration now — 

How b.ippy coulil Ue be with ellher 
Were t'other dear charmer awny 

The record of the Senate shows that t 
propriations rejected the proposition to 
lot. The amendment was offered by the Lu:.. 
ing. and under llio rules of the Senate sent to • 
.\pproprialion.s. The sundry civil ui)i>ropriiiii..a nu; , 
us from the Committee on A'pproprlatlona without having this 
amendment in it. 

I do not care to discuss again the (|uestIoii oix-U'd by tlio (xt- 
sonal opinions if the .Senator from Iowa, which !■!• has jti-t ex- 
press d. I simply wanted to k'l . -i. 
lirely consistent (I will not sa> ,a 
action of the Committee on Pr i^^ 
referr.-d, to bo an ov.rwhelmii .r 
vots here to-day. We are now : .. ,_. 
rank of the two committees, the Co ,< 
and the Committee on Printing, and ■:,,• 
Committee on Public P.uildings and Gruuudii that v,o aUuiJ dU- 
interested spectators of that conllict. 

Mr. ALLISON. Mr. President. " 
Missouri for the compliment lie paid 
I may be somewhat indilTeront as to 
tion, I want to say to him and to the 
thousand amendments which are pr. 
-Vlipropriations from every committee in 
affirmatively unless wo believe, having in 
that the amendment should b.' put upon llie I'lli. 

Mr. VK.-^T. .\s !i matter of I'cpur.-e. 

Mr. ALLI-SON. In regard t" ''• - ..:..■>!.■...— .i -■ i..-,.,t 

that there were two committe' .•( 

tlieui able, one I'hamplonod by ■ , id 

the other by the chairman of' the Cummillee uu Public PHntp 
ing 

Mr. DAVIS (in his seat). And lx)lh IjoUigerent. 

Mr. ALLISON. And both esixjcially diligent about this par- 
ticular business, I will say. 

Mr. DAVIS. Belligerent. 

Mr. ALLISON. And slightly Ijelligeront, it is said toUo rwx 
to me. I did not know about that. The Committee on Appro- 
priations did not 

Mr. MANDERSON. I hoiw the S- > n- 

ator from Missouri in any such fa!-. ji 

nothing of myself. 

Mr. ALLISON. Then I will withdraw the remark. 

Mr. MANDERSON. I do not think there Is anything pugil- 
istic or belligerent between the attitude of the Senator from 
Missouri and mvself. 

Mr. VEST. iS'otatall. 

Mr. MANDERSON. It is not necessary that the chairman ot 
the Committee on Appropriations should come in .-' * ' 
maker. 

Mr. VEST. I am entirely neutral. 

Mr. ALLISON. It was said sotto voce to mo by a Senator, Mtd 
I withdraw the remark. 

Now. we found theiie two co:i 
one committee having one view 
another; and therefore wo did n.i 
our duty on this lloor to take up the 

and distress ourselves respecting it. .. ,. 

it. Whether one is voted up or voted down, or whether aooUicr 



'■1- 



n 
» to 



1898 



CONGRESSIONAL RECORD— SENATE. 



Februaey 21, 



Mr GALLINGER. I have been intormed— the inlormation 
may liave been inoorrect-that those alloys are owned by the Gov- 
ernment. The Senator from Nebraska seems to state to the con- 

"^Mr." MANDEKSON. I stated nothing of that kind, nothing 
that could he construed that way. .v, . .,, 

Mr GALLINGER. I appeal to the Record to show that the 
Senator said the Government owns G2,000 fost. It the Govorn- 
mt ut owns the alleys, the Senator stated incorrectly the num- 
ber of feet the Government owns. If the Government does own 
83 (!(I0 feet, as I asserted a little while ago, it will cost $3 a foot 
for additional property $()!),000 to get as much ground as there 
is in the .Johnson lot. • wi t 

I\Ir MANDERSON. Lot mo repeat what I said, i said tliat 
the present Government Printing Office and warehouse owned 
bv the Government occupy G2,000 square teet; that to buy the 
whole block the Government would have to purchase from pri- 
vatr. owners 1.55,(100 square feet, and there are contained m the 
allevs which of course bjlong to the Government, 18.584 square 
feel' liakino- 23.3,000 square feet in the block. I do not see how 
the Senator from New Hampshire could have misunderstood 
mc for I r>'ad it exactly from the paper from which I read now. 

Mr. BUTLER. Mr. President 

Mr. GALLINGER. If the Senator from South Carolina will 
yield iust one moment. I rose simply to make a statement that I 
had no imi-pose to misrepresent the chairman of the Committee 
on Printing, and I think when the Record is read to-morrow 
morning it will be found I did not misrepresent him. I merely 
want to make the additional remark that it should be borne_ in 
mind the warehouses which are now on the present site, which 
are commodious, which aio fireproof, which are comparatively 
new will save the Govei'nmeut $100,000 in addition. 

Mr. BUTLER. I was just going to state that if economy is 
what we are after, and I presume everybody is after economy in 
thi se days, the Senator from New Hampshire [Mr. GallingerJ 
has demonstrated to the satisfaction of my mind that it would 
be very much cheaper for the Government to buy the additional 
ground near the present site of the Public Printing Office than 
to buy the Johnson lot. , . , , r 

The Committee on Printing have complained that some ot us 
have not aoreed with their report. The difficulty has been t^hat 
they do not appear tobe entirely consistent about it. At the last 
session of Congress that committee came in and, I believe, with 
practical unanimity recommended the purchase of what is known 
as the baseball lot. Now they come in and recommend the 
purchase ot the Johnson lot. It turns out that in the baseball 
lot which had the recommendation of the committee, there was 
not a foot ot it that was not made ground, the Tiber Creek run- 
ning through it. , ^ ■, i -^ 
Mr. MANDERSON. That is a great mistake. Far less ot it 
was made ground than there is made ground on the Mahone 
tract. 

Mr. BUTLER. Of the baseball lot? 

Mr. MANDERSON. Of the baseball lot, which I described 
yesterday, and I can not understand how the Senator can have 
any different impression. I showed by the map yesterday ex- 
actly the course of Tiber Creek from one side of the Mahone tract 
to tiie other, and on the b:iseball lot Tiber Creek ran through 
but a small corner and did not pass from side to side. 

Mr. BUTLER. But what are the facts about how much of the 
ground is made groundV I understand all of it is. 
Mr. MANDERSON. Of the baseball lot? 
Mr. BUTLER. Ot the liaseball lot. 

Mr. MANDERSON. Oh, no, the Senator is mistaken about 
that. 
Mr. BUTLER. How much of it is made ground f 
Mr. MANDERSON. Probably one- third ot it is made ground. 
That is filled from the depth of 1 foot to about 10 feet, 

Mr. BUTLER. I am informed by the Senator from Missouri 
that one-halt of it is made ground. 
Mr. MANDERSON. That is a mistake. 

Mr. BUTLER. However, that is not before the Senate, What 
I wish to call the attention ot the Senate to is the fact that the 
Senator from New Hampshire [Mr, G.^llingkr] ha; demon- 
strated that it would be cheaper to buy the additional ground 
near the present site than to buy the Johnson lot, which is in be- 
tween two railroads and which is inaccessible except at great 
peril to life and limb on the part of those who have to pass to 
and from it. I shall vote for the amendment of the Senator 
from New Hampshire. 

The VICE-PRESIDENT. The roll will be called on agreeing 
to the amendment to the amendment. 

The Secretary -[..roceeded t3 call the roll and Mr. ALLISON re- 
sponded in the negative. 
Mr. GEORGE. I do not understand the question. 



The VICE-PRESIDENT. The question is on the amendment 
ot the Senator from New Hampshire |Mr. Gallinger] to tho 
amendment of the Senator from Nebraska [Mr. Manderson]. 

Mr. BATE. Lot the amendment to the amendment be read. 

The VICE-PRESIDENT. It will be again read. 

Mr. GALLINGER. I will state that my amendment simply 
contemplates an enlargement of the present site. That will sat- 
isfy Senators without having the amendment read. 

Mr. VEST. There is no use to read it. 

Mr. MANDERSON. Let the amendment be read. 

The Chief Clerk. Strike out all after tho word "ninety," 
in line 12 of the amendment proposed by Mr. MANDERSON, and 
insert: 

Ana that the Secretary of the Treasury, the Secretary ot the Interior, and 
the Architect of the Capitol Extfusiou, actins as a board, be. and they are 
hereby, empowered and instructed to acquire, as hereinafter prov-ided, such 
additional part ot square No. 024, in the city of Washington, D. C, as may 
be deemed necessary for the needs of the Government Printing Office, which 
said square Is bounded as follows; On the east by North Caplto! street, on 
the north by H street north, ou the west by t"'irst street west, and on the 
south by G streettlorth; .and the Secretary of theTreasury is hereby directed 
to pay out of thesuni hereinbefore mentioned such amountas may bo found 
necessary, when deeds duly approved by the Attoruey-Geueral ot the United 
States, conveying to the United States said properly hereinbefore mentioned, 
shall be delivered to him: Provided, That such sum does not exceed the 
amount of said *35n,000. .,. i. „ 

That for the purpose of acquiring said real estate the said board may pur- 
chase the same, or any part thereof, from the oTvner or owners; and it the 
said board shall be unable so to purchase the same, or any part or pa,rts 
thereof, at a price that, in their opinion. Is reasonable, they may Institute 
legal proceedings for the condemnation thereof. ^ 

Mr. MITCHELL. I wish to know whether it this amendment 
is adopted it is intended to take the place of that which is rec- 
ommended bv the committee? 
Mr. MANDERSON. It is a substitute, I understand. 
Mr. JONES of Arkansas. I rise to a parliamentary inquiry. 
Is this interruption of the roll call in order? 

The VICE-PRESIDENT. It is not in order except by unani- 
mous consent. 

Mr. JONES of Arkansas. I insist that the roll shall be called. 
The VICE-PRESIDENT. The roll call was interrupted by 
Senators desiring to have the question stated. 
Mr. WASHBURN. I call for the regidar order. 
The VICE-PRESIDENT. The roll will be called. 
The Secretary resumed the calling of the roll. 
Mr. BLACKBURN (when his name was called). I again an- 
nounce my pair on this question with the junior Senator from 
New York [Mr. Hill]. 

Mr. CALL (when his name was called). I announce my pair 
with the Senator from Vermont [Mr. Proctor]. I do not know 
how he would vote, and therefore withhold my vote. 

Mr. DAWES (when his name was called). I announce my i^air 
with the Senator from Alabama [Mr. Morgan]. 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. Dolph]. 

Mr. GIBSON (when his name was called), I again announce 

my pair with the Senator from Michigan [Mr. Stockbridge]. 

If he were present he would vote "yea" and I should vote "nay." 

Mr. GORDON (when his name was called). I am paired with 

the Senator from Wyoming [Mr. Warren]. 

Mr. PETTIGREW (when his name was called). I transfer my 
pair with the Senator from West Virginia [Mr. Camden] to the | 
Senator from Montana [Mr. S.\ndeksJ. and vote " yea." 1 

Mr. PLATT (when his name was called). My colleague [Mr. 
Hawley] is absent to-day. He would vote against this propo- 
sition and I vote against it. I vote "nay." 

Mr. GEORGE (when Mr. Walthall"s name was called). My 
colleao-ue [Mr. Walthall] is paired with the Senator from 
Rhode Island [Mr. Dixon]. If my colleague were present he 
would vote "nay." , ,, ^ . , 

Mr. WASHBURN (when his name was called). I am paired 
with the Senator from Connecticut [Mr. Hawley]. If he w^ere 
present I should vote " yea." 

Mr WILSON (when his name was called). I again announce 
my pair with the Senator from Georgia [Mr. ColQUITT], and 
withhold my vote, not knowing how he would vote. 
The roll call was concluded. 

Mr FAULKNER, Under the transfer ot pairs, so that the 
Senator from Rhode Island [Mr. Aldricii] stands paired with 
the Senator from Delaware [Mr. Gr.vy], I vote " nay." 
The result was announced— yeas 14, nays 34; as follows: 

YT2AS-14. 



Blodgett, 
Butler, 
Carey, 
Davis, 



Allison, 

Bate, 

Berry, 



Gallinger, 
Jones, Nev. 
Perkins, 
Pettlgrew. 

Cailery, 

Chandler, 

CocUrell, 



Power, 
Sawyer, 
Shoup, 
Stewart, 
NAYS-3J, 
Colie, 
Cullom, 
Dubois, 



Teller, 
Vest. 



Faulkner, 

Frye, 

Hansbrougli, 



For subject see Index. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



Haviis. 


Mandersou, 


Pe.ffer. 


Hnmon, 


MUls, 




Piatt. 


Joiif.s, Ark. 


Mitchell, 




Pugh. 


Kylf, 


Mori-ill, 




Quay. 


Llncisay, 


Paddock 




Sherman, 


McMillan, 


Palmer, 




Turple, 






NOT VOTING— 10. 


Aldrich, 


Dawes, 




Hawley, 


Allen. 


Dixon, 




Higglns. 


Blai.l;burn, 


Dolph, 




Hili; 


Brice. 


Felt on. 




Hiscock. 


Call. 


George, 




Hoar. 


Camaen, 


Gibson, 




Irby, 


Cameron, 


Gordon. 




McPherson 


Casev. 


Gorman, 




Morgan, 


Colquitt, 


Gray, 




Pasco, 


Daniel, 


Hale. 




Proctor. 



1899 



^'aac^;■. 
Vilas, 
Voorhees, 
White. 



Ransom. 

Sanders, 

Squire, 

Stanford. 

Stockbridge. 

Walthall. 

Warren. 

Washburn, 

Wilson. 

Wolcott. 



So the amenclment to the aineadmgut wasrejectecl. 

ThoVICE-PRESIDSNT. The quo.Uion recurs on ajjrccing to 
the .imendment of the Senator from Nebraska [Mr. M.vndkksox]. 

Mr. VEST. I should like to know whether the Committee on 
Apjifopriations favor this amendment. I will ask the chairman 
of the committee what is the attitude of his committee on the 
question. Wo have heard so much to-day about the paramount 
authority of the committee that reiiorts "a bill, I want to know 
now, between the Committee on Appropriations, which has 
charge of the sundry civil appropriation bill, and the Committee 
on i'rinting-, which offers this amendment against the report of 
the Committee on Appropriations, how the latter committee 
stands. 

Mr. ALLISON. I do not know that the Committee on Appro- 
priations is especially called upon to decide as respects this sub- 
ject. I will state that the Committee on Appropriations, when this 
matter was under discussion in the committee, was divided. 
Wc had seen in former days the gentle and friendly struggles 
• between the Committee on Public Printing and the Comiuitteo 
on Public Buildings and Grounds, and we concluded it was wise 
on the part of the Committee on Appropriations to keep a situa- 
tion of quiet neutrality 

Mr. VEST. Mr. President 

Mr. ALLISON. If the Senator will allow me to proceed — as 
we did not feel that it was necessary for us to indulge in any 
fights upon thisfloorupon these subjects, which were sufficiently 
taken care of by the Senator from Missouri and the Senator from 
Nebraska. That was our attitude. 

Mr. VEST. Will the Senator allow me? 

Mr. ALLISON. Occupying myself a midway position between 
the two Senators, I felt especially in a conc'.i ion not to mingle 
verv much in the struggle. 

Mr. VEST. Will the Senator 

Mr. ALLISON. I decline to yield for a ir.oment, because I 
wish to finish the line of thought I have in miad. 

The VICE-PRESIDENT. The Senator fro.n Iowa has the 
floor and will proceed. 

Mr. ALLISON. Two or three years ago I m •S5lf endeavored 
to follow the Committee on Public Printing in its support of the 
purchase of what is known as the baseball lot, and I struggled 
here for some time in support of the Committee on Public Print- 
ing in favor of that plan. We were told on this floor that it was 
artificial ground, and that it was unfit for the purposes of a Pub- 
lic Printing Office, because you could not get a secure foimdation. 
I went to the trouble of inquiring of thi- Architect of the Capitol 
whether it was a practical thing to secure a good foundation for 
a building at that point, and 1 was informed that there was no 
difficulty about it: that it is true a portion of it was artificially 
made ground, but by a little excavation, etc., pj'rhaps piling a 
little, an absolutely good foundation could be secured. So the 
matter went on. The struggle we liavo seen here to-day is in 
some respects the struggle of two or three j'ears ago. 

Then the Committee on Printing took further jurisdiction of 
this subject, and after some investigation report to us that as 
compared between the Mahone lot and the Johnsonlot (I believe 
those are the designations now) the .Tohnson lot is the best, be- 
cause it is on the whole the ohoajwst, and that it can be pur- 
chased for $1 a foot and the Mahone lot -vrould cost S4.35 a foot. 

I was rather inclined to support the Committee on Public 
Printing in that view, because I believed and still believe that 
?1..'!5 a foot is too much for ground in the neighborhood of the 
Mahone lot or for that particular ground, being SOI) feet long and 
some two or three hundred feet in width; but 1 found as the de- 
bate progressed that the Mahone lot could be purchased for -Jl.lO 
a foot, by the consent of the Senator from Missouri, who modi- 
fied his amendment. 

As for myself, and I have no worriment about this matter, I 
shall be content to yield to the judgment of a majority of the 
Senate as respects this question, wliatcver it may think about 
it; but according to my view, at $1.10 a foot for what is known as 
the Mahone lot as compared with $1 for the other, the Mahone 



;il 



.a 



lot is the most desiraUe. That is only mvowu opinion. There- 
fore I so voted. I think, however, that "both lots are hiirher 
than the jirico nskod {i>v tt'em ought !'• bo. 

Now. > ' , ■ - '~ ^ 

souri, t 

respcei -. - .. ■■' 

as I know have e 

floor in i-ogard to . '^ 

of the committee. 1 vuiuu wiiii the l,i 

theamc^ndmentpropo^.j i.vhim. infa. j 

I am still in favor . " 'u.e I bolievo, u. moU.lioU bv Uim.il 

IS the wisest and lo do. J > ' 

I am als J of the. -I and I >•- ' ' ' 

if nothing is done aboui this m.. 

question, and it can go over unii „ ,-„i.a 

a reform Admiuistiatioii that will aoui wiili tnisgubitM-twiVhoi'it 
the difiiculties which seem to surround ui iin-,- 

Mr. VEST. .Mr. President. I ■ *., 

Iowa upon having piv.sorveJ th 
ing entirely neutral in this malt -i . 
mation I i-o(iuired no answer fi-om ti \i 

general amiability and his indispusitii , ,, ,,.,..o 

is any acrimonious contestgoing on. Still, notwlthslAnainir hiit 
declaration now — 

How hajipy conld be lie with olther 
Were t'other dear charmer .iwiij-. 

The record of the Senate shows that t! -,. 

propriations rejected the proposition to ,., 

lot. The amendment was offered by the tun. 
ing. and under the rules of the Senate sent to t u 

Apju-opriations. The sundry civil approprial; ,,■ .-, w 

us from the Committee on Appropriations without having this 
amendment in it. 

I do not care to discuss again the question opon.-d by tlio p-r- 
sonal opinions cf the .Senator from Iowa, which li'< ha« jii-t .-x- 
press (i. I simply wiint<.'d to know whclln-r S •,. 

tiicly consistent il will not say sincere) when • o 

action of the Committee on Prin'i" ^ i.,,.i.;..i ^^ 

refei-rod, to bean overwhelmir. ..• 

vot:s here to-day. We are now r ■ ,. 

rank of the two committees, the Commilit.'o uii .■ippropriations 
and the Committee on Printing, and permit mo to say for the 
Committee on Public Buildings and Grounds that wo stand di«- 
intiMvsted spectators of that conllict. 

Mr. ALLLSON. Mr. President, thanki- - •' - ' m 

Missouri for the compliment ho paid me ni h 

I may be somewhat indilterent as to thi'^ ; . t- 

tion, I want to say to him and to the Senate that as i 1 1 

thousand amendments which are pre.-*ented to the C- -u 

Ajipropriations from every committee in this body wo do .';oiin;t 
affirmatively unless we believe, having investigated th -subject, 
that the amendment should ba put upon the hill. 

Mr. VEST. As a matter of cour.se. 

Mr. ALLLSON. In regai-d to this particular ■iiili:..,-i «.. k-ii..w 
that there were two committees, botn of them .f 

them able, one championed by the Senator friM: I J 

the other by the chairman of the Committee ou i'ublie I'riut- 
ing 

Mr. DAVIS (in his seat). And lx)th Ixslligeront. 

Mr. ALLISON. And both especially diligent about this par- 
ticular business, I will say. 

Mr. DAVIS. Belligerent. 

Mr. ALLISON. And slightly belligerent, it is said aotto voce 
to me. I did not know about that. The Ck)mmitteo on Appro- 
priations did not 

Mr. MANDEKSON. I hope the Senator will not put the Sen- 
ator fi'om Missouri in any such false position as that, saying 
nothing of myself. 

Mr. ALLISON. Then I will withdraw the remaik. 

Mr. MANDERSON. I do not think there is anything pugil- 
istic or belligerent between the attitude of the Senator from 
Missouri and myself. 

Mr. VEST. Not at all. 

Mr. MANDERSON. It is not necessary that the chairman of 
the Committee on Appropriations should como In n" - ■ --.. 
makei-. 

Mr. VEST. I am entirely neutral. 

Mr. ALLISON. It was said sotlo voce to me by a Senator, and 
I withdraw the remark. 

Now. we found the.^e two conr 
one committee having one view ; 

another; and therefoi-e v.e did nit rM.,v,,i. . r. i., f 

our duty on this floor to take up the question as a n^ i 

and distress ourselves respecting it. We are not wo - - .1 

it. Whether one is voted up or voted down, or whether another 



1900 



CONGRESSIONAL RECORD— SENATE. 



'eekuaky 2i, 



is voted up or vototl down, personally it makes very little differ- 
ence, I think, to the members of the Committee on Appropria- 
tions. We made such investigation as we could with the brief 
time we had, and wo decided that wo would not recommend to 
the Senate the amendment of the Committee on Public Print- 
ing'. 

Mr. MANDERSON. Did you recommend the other amend- 
ment? 

Mr. ALLISON. We decided also that wo would not recom- 
mend the amendment proposed by the Committee on I-'ublic 
Building's and Grounds, but like other Senators we thou;4lit we 
would hear these belligerent forces in this Chamber discuss the 
question and vote as we thought it wise to vote when the time 
came. 

Mr. CULLOM. Individually. 

Mr. ALLISON. Each member of the committee for himself. 
I to voted. The Senator from Missouri does not seem to be sat- 
isfied with my vote. Ho not only wants me to vote in favor of 
hisamendment, buthe wants me to take on myshoulders thefight 
he has with the Senator from Nebraska and become belligerent 
as to the Senator from Nebraska in place of himself. 

Mr. VEST. Oh, no. 

Mr. ALLISON. I am psrfectly willing to do the best I can 
for the Senator in voting for his amendment, but when he asks 
me or the Committee on Appropriations to get into this ring 
where there is a sharp and active battle, I must respectfully de- 
cline, because I have an opinion that it would be wiser for me to 
keep in the shade under such circumstances. [Laughter.] 

The VICE-PRESIDENT. The question is upon agreeing to 
the amendment of the Senator from Nebraska [Mr. Mander- 
SON]. 

Mr. MANDERSON and Mr. VEST called for the yeas and 
nays, and thoy were ordered. 

The VICE-PRESIDENT. The roll will bo called. 

The Secretary proceeded to call the roll. 

Mr. BLACKBURN (when his name was called). I am paired 
with the Senator from New York [Mr. Hill,] on this subject. 

Mr. CALL (when his name was called). I am paired with the 
Senator from Vermont [Mr. Pkoctor]. 

Mr. DAWES (when his name was called). I am paii-ed with 
the Senator from Alabama [Mr. Mohgan]. 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. Ddlph]. I do not know how he 
would vote. If he were present I should vote " yea." 

Mr. GIBSON (when his name was called). As I before an- 
nounced, T am paired with the Senator from Michigan [Mr. 
Stockbkidge]. If he were present ho would vote " nay " and I 
should vote " yea." 

Mr. GORDON (when his name was called). I am paired with 
the Senator from Wyoming [Mr. Warren]. 

Mr. IRBY (when his name was called). I am paired with the 
Senator from California [Mr. STANFORD]. If he were present I 
should vote "yea." 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey]. If he woi-e pres- 
ent I should vote "nay." 

Mr. PETTIGREW (when his name was called). I again an- 
nounce that I transfer my pair with the Senator from West 
Vii'ginia [Mr. Camden] to the Senator from Montana [Mr. San- 
ders], and vote " nay." 

Mr. PLATT (when his name was called). On this amendment 
I am paired with my colleague [Mr. Hawley]. If he were pres- 
ent he would vote "yea" and I should vote "nay." 

Mr. RANSOM (when his name was called). I see that the 
junior Senator from Maine [Mr. Frye] votes " nay," and I under- 
stand that I am at liberty to vote. I vote "nay." 

Mr. WHITE (when his name was ealledi. I am paired with 
the Senator from California [Mr. Pelton]. 

Mr. WILSON (when Ills name was called). I wish to announce 
my pair with the Senator from Georgia [Mr. COLQUITT]. Not 
knowing liow he would vote I withhold my vote. 

The roll call wa? concluded. 

Mr. McMILLIN (after having voted in the aflirmative). I 
voted thinking that the Senator from North Carolina [Mr. 
Vance] was in the Chamber. As he is not present I withdraw 
my vote. 

Mr. PLATT. I understand that a pair has been an-anged be- 
tween my colleague [Mr. Hawley] and the Senator from Penn- 
sylvania [Mr. Cameron]. 

Mr. QUAY. I liad just risen to announce that pair. 

Mr. PLATT. Therefore I am at liberty to vote. I vote nay. 

Mr. QUAY. I desire to announce the pair of my colleague 
[Mr. Cameron] with the Senator from Connecticut "[Mr. Haw- 
ley]. 

Mr. PASCO. I am informed by the Senator from North Da- 
kota [Mr. Hansbrough] that his colleague [Mr. Casey] if pres- 



ent would vote nay. I therefore feel at liberty to vote, and vote 
nay. 

Mr. DIXON. * have a general pair with the Senator from 
Mississippi [Mr. Walthall]. In his absence I withhold my 
vote. My colleague [Mr. Aldrich], who is absent, is paired J 
with the Senator from Delaware [Mr. Gray]. ■ 

Ml-. RANSOM. At the suggestion of the Senator from Ne- 
braska [Mr. M Anderson], I withdraw my vote. 

Mr. MANDERSON. Being paired w'ith the Senator from 
Maine [Mr. Hale]. 

Mr. RANSOM. Bsing paired with the Senator from Maine 
[Mr. Hale]. J 

Mr. HUNTON. My colleague [Mr. Daniel] is paired with ^ 
the Senator from Washington [Mr. Squire] for the day. 

Mr. Mcpherson. I am paired with the Senator from Dela- 
ware [Mr. HiGGlNS]. If he were present I should vote " nay." 

The result was announced — yeas 21, nays 28; as follows: 

YEAS— 21. 



B.ate. 


Faulkner, 


Kyle, 


Peffer, 


CaCfery. 


Gorman, 


Lindsay, 


Turpie, 


Chandler, 


Hansbrough 


Manderson, 


Vilas. 


Cockrall, 


Harris. 


Mills, 




Coke, 


Hl3-ock, 


Morrill. 




Dubois, 


Jones, Ark. 


Paddock, 
NAYS-28. 




Allison, 


Davis, 


Pasco, 


Sawyer, 


Herrv, 


Fryo. 


Perkins, 


Sherman, 


BIOLlRett, 


Gallinger, 


Pettigrow, 


Stewart, 


Brice, 


Hunton, 


Plait, 


Teller, 


Butler, 


Jones, Nev. 


J'ower, 


Vest, 


Cavey, 


Mitchell, 


Pugh, 


Washburn, 


CuUom, 


Palmer, 


Quay. 


Wolcott. 




NOT VOTING— 39. 




Alfiricli, 


Dixon, 


Hill, 


Squire, 


Allen. 


Dolph, 


Hoar, 


Stanford, 


Blacliburn, 


Felton, 


Irbv, 


Stoekbridgo 


Call, 


George, 


McMillan, 


Vance, 


Camden, 


Gibson, 


McPherson, 


Voorhees, 


Caineron, 


Gordon, 


Morgan, 


Walthall, 


C;isey, 


Gray, 


Proctor, 


Warren, 


Colquitt, 


ILale, 


Ransom, 


White, 


Daulel. 


Hawley, 


Sanders, 


Wilson. 


Da'.ves. 


Higgius, 


Shoup, 





So the amendment was rejected. 

"Mr. QUAY. In the absence of the Senator from Connecticut 
[Mr. Hawley], and at his request, I offer an amendment to come 
in at the close. It is a proposition to mark the lino of battle or 
position occupied by the Army of Northern Virginia at Gettys- 
burg. The measure has passed the Senate twice and is on the 
Calendar of the House of Representatives, but it can not pass 
there unless it shall be attached to this bill. I sincerely trust 
the chairman of the Committee on Appropriations will not make 
the point of order. 

Mr. ALLISON. I merely wish to make a suggestion. That 
is a long amendment, and there is considerable legislation con- 
nected with it. I think it has not been reported from any com- 
mittee: I have no recollection that it has been. 

Mr. QUAY. It has not been reported as an amendment from 
any committee, but it has as a bill twice passed the Senate. I 
sincerely trust the Senator from Iowa will allow it to be attached 
to this bill. 

Mr. ALLISON. I sugest to the Senator from Pennsylvania 
that he withhold it for a time until I can make some further ex- 
amination of it, when I may v%ithhold further objection. 

Mr. QUAY. Then I withdi-aw the amendment and will offer 
it again at another time. 

I d --siro to offer another amendment, to come in on page 3, 
line 5. I will state to the chairman of the Committee on Ap- 
oronriations that this amendment has not been reported from a 
committee, and therefore is, I believe, subject to a point of or- 
der. 

The PRESIDING OFFICER Mr. (Faulkner in the chair). 
The amendment will be stated. 

The Chief Clerk. On page 3, line .5, after the amendment 
already agreed to, insert: J 

That the Secretary of the Interior be, anil he hereby is, authorized and % 
directed to purchase all of lot 10. in square 683, situated in the city of Wash- 
iugton, D. C. as laid out and recorded in the original plat of the city and 
district aforesaid, lying on the west si le of Delay>'aro avenue, between C and 
D stro?ts northeast, and adjoiuiug lot 1 1 in same square, now the property 
of the United States, and containing l-,>.3u0 square feet, at a price not exceed- 
ing S:;o,812, which sum is hereby appropriated for said purpose, upon proof 
of a perfect title and the execittion to the United States of a deed good and 
sufllcient in law. and in form ajiproved by tlie Attorney-General ; said ground 
to be used for the erection of a suitable btiilding for general storage pur- 
poses ccunocted with the Unite.l Stales Capitol. 

Mr. ALLISON. I make the point of order on that amend- 
ment. 

The PRESIDING OFFICER. The Chair rules that the point 
of order is well taken. 

Mr. QUAY. I offer another amendment, to come in at the 
end of the bill. 



1893. 



CONGRESSIONAL EECORD— SENATE. 



11)01) 



matter pi-esented by the Senator from New York, but, as re- 
marked by the chairman of the committee, if wo are going to 
make a river and harbor bill of the sundry civil bill there witl bo 
no end to these appropriations. 

There is in my own State an improvement of vital importance 
which I should like to have provided for in this bill, but as a 
member of the Committee on Appropriations I do not feel that 
it is right to do so here. I recognize the fact that if we depart 
from the well-established custom of confining this bill to appro- 
priations in accordance with law we shall have chaos in legisla- 
tion. 

The amendment is liable to the point of order under any cir- 
cumstances. I wish to say to the Senator from New York that 
it is utterly impossible for us to legislate on such subjects in this 
bill, and I shall be compelled to raise the point of order on the 
amendment. 

Mr. HISCOCK. This amendment doss not carry an appropi-i- 
ation. This work is necessary, for the reason that there is a 
rocky ledge which it is necessary to, and there is money enough 
already appropriated to do it. The only effect of the amend- 
ment is to allow the money to be used for that purpose. The 
War Department has ruled that under the technical language 
of the appropriation which carries the money for this work in 
the river and harbor bill the money can not bo used for this pur- 
pose. 

This subject has been thorouglily and exhaustively examined 
by the Committee on Commerce. 'The amendment has the roc- 
omrnendation and indorsementot the Chief of Knginoers and the 
engineer in charge, and the work is a matter of pressing neces- 
sity. 

Mr. GORMAN. I have no doubt about the facts stated by the 
Senator from New York, but there are other amendraonts quite 
as pressing as the one offered by him. 1 say to the Senator that 
although I am anxious to have provision made for a necessary 
work in my State, as a member of the Committee on Appropria- 
tions I have been compelled from a sense of duty to object to all 
such amendments on this bill. I therefore must raise the point 
of order in this case. 

Mr. HISCOCK. I insist tliat no point of order will lie against 
the amendment. I should like to know what is the point of or- 
der? The amendment does not propose to ajipropriate any 
money: it is recommended by the War Department, and it is an 
amendment of the Committee on Commerce. There is no point 
of order which can attach to it. 

Mr. GORMAN. Imake thopointof order that the amendment 
is purely legislation; it changes existing law, and, therefore, is 
not in order. 

Mr. HISCOCK. Suppose it does. It lias the approval of a 
committee of this body; it has the estimate of a Department of 
the Government, and there is no question of its being germane. 
I insist that the amendment is not subject to the point of order. 

The VICE-PRESIDENT. The Chair will submit the point of 
order to the decision of the Senate. Senators who believe the 
point of order made by the Senator from Maryland is well taken 
will vote " aye; '' those who believe otherwise will vote ''no." 
[Putting the question.] The "ayes "have it, and the point of 
order is sustained. 

Mr. HISCOCK. I offer one more amendment, which I send 
to the desk. 

The VICE-PRESIDENT. The amendment will bo stated. 

The Secretary. On page 2, after the amendments already 
adopted, it is proposed to insert: 

That the further sum of $50,000, or so much thereof as may be neces.sary, is 
hereby appropriated, out of auy mouey in the United States Treasury not 
otherwise appropriated, for the completion of a public bulldinEC at Newburg, 
N.Y. 

The amendment was agreed to. 

Mr. HOAR. I offer an amendment which I send to the desk'? 
The VICE-PRESIDENT. The amendment will be stated. 
The Secretary. On page 101, after line 16, it is proposed to 
insert: 

And hereafter the general term of the supreme court of the District of Co- 
lumbia may order two terms of the criminal court to bo held at the same 
time, whenever in their judijment business requires it; and they shall deslf,'- 
nale the time and place of holdin'4 the same, and the .iustices by ivhom suclt 
terms shall respectively be held, and shall make orders for a ilivision of the 
criminal docket between the ,iud^es holdiucrsticli t<Tms. .\nd hereafter petit 
jurors shall be drawn for such criminal terms in the same manner and at the 
same times as prescribed by the act entitled "An act to amend the laws re- 
latine lo the s<'leciion and service of jurors in the supremo court of the Dis- 
trict of Columbia," passed March 1, IS89. 

Mr. ALLISON. I want it understood that that amendment 
is liable to objection on account of being new legi.slation. Unani- 
mous consent should be had in order to insert the amendment. 
I do not object to it, for I think it is a proper thing to do. 

Mr. HOAR. I am sure there will be no objection to the 
amendment. 

The VICE-PRESIDENT. Ts there objection to the consider- 



ation of the amendment proposed by the Senator from .\las^aohu- 
sotts.-' The Chair hears none. The que.'^tion is on a''reoiu<' to 
the amendment. ° ° 

The amendment was agreed to. 

Mr. McMillan. I offer an amendment 

Mr. PLATT. I wish to appeal to the Senator from Michiffim. 
since he has been recognized, and i-i a-.!- Die indul-'enoo of tho 
Senate for a moment. I have t ^ Senate in a few min- 

utes, and shall not )je able to Ix , v,„til the bill is com- 

pleted. 1 liave an amendment u ^ . , i .i.-siro to oiler 

Tho VICE-PR KSI DENT. Do,s tho Senator from' MiehiMn 
yield to the Senator from Connectii'Ut? 

Mr. MCMILLAN. I yield. 

Mr. PLATT. I do not think there will bo any objeotlon to 
the amendment I propose: if there i,s, I sliould not feel tliat 1 had 
a right to occupy much time of tho Senate in rolution to It 

The VICE-PRESIDENT. The amendment will bo stau-.l. 

The Secretary. On page «. after lino ::, it is proposed to in- 
sert: 

For the establishment of a Iwaoon llRiit on the Covrrnmrnt brukn-aicr at 
theemrancotoiheljiirlKjraiBrldKepori, Conn., tsuou. 

Mr. PLATT. I trust the chairman of tho Comin ,,. 

pro))riations will not oliject to tliat amondm<>nl. I ,,. 

pose it is necessaiy for mo to inakf any .■■ aL.o.u it. 

Mr. ALLISON. I desire to say that I i ul tlml tho 

amendment was reported by tho C'ommir iniorci- and 

rei)Ortcd by the Light-House lioiird as ji .-, | tliink, 

however, tho Senat >r ought to make a bri : ., ...:.alion ul the 
amendment. 

Mr. PL.VTT. I will simply say that the Government has built 
a breakwater in the harbor of Bridgeport out l« the fhunnol. 
There is no light on the breakwater: and if nomo sort of ll(»ht 
was not placed there by private eitizons vesselii would run into 
it every night. 

The VICE-PRESIDENT. Tho question iaonUiooiuondmonU 

The amendment was agreed to. j 

Mr. PI.,.\TT. I am v. ry much obliged to the Senator trt^f 
Michigan for his courtesy. ^f-- 

Mr. McMILL.VN. On page 2, lino 16, after the ami^ntfincnt 
already adopted, I move to insert: Ij^ 

That the further sura of f 10,000, or bo much thereof as may bo iiiMM>swtrv, la 
liereby appropriated out of any money In the Unli«d StAt^s Trcantiry not 
otherwise appropriated for the completion of a public building ai Jacluon, 
Mich, 

The VICl'I-PKESIDENT. The question is on agreeing to tho 
antendment of the Senator from Michigan [.Mr. McMlLLA.V]. 

Mr. GOR.MAN. Is this an ainendrneut rejiorted by a com- 
mittee? 

Mr. McMlI^L.'XN. It wa-s estimated for by the Secretary of tho 
Treasury, but in some way it was left out." The building is al- 
most com])leted in the city of .Jackson, in our State, and owing to 
some trouble with the foundation it became necessary to spc-nd 
more money than was originally estimated. Unless this 9l(l,(KM) 
is supplied the building is th'.'re tincomplotcd. Tho amount is 
estimated for in the regular estimates. 

Mr. GOR.MAN. I have only to say that after a pretty full dLs- 
cussion upon the ca-so presented by the Senat<)r from Vermont 

and other Senators, against the protestof theCommi" Nn- 

propriations, on the subject of increasing the appio ..q 

this account, tho Senate, by an overwhelming majoi .v 

and-nay vote, adopted the amendment. I merely repeui that I 
think it is very unwise in us to make these increased anpivipria- 
tions oc to make any appropriations except for buildings already 
provided for liy law. 

The amendment was agreed to. 

Mr. McMlLL.\N. I wish to offer another amendment. On 
page 2, line 13, I move to insert: 

For the marine hospital at Detroit, Mich., the amoimt already appro- 
priated shall be used to construct otnccr.s' quarters on tho Krounds of tba 
reservation, to enlarge tho available wards when such olUcers* f)uart«rs 
shall have been built, and to construct an Isolating ward. 

This amendment does not change the appropriation, butitcna- 
bles them to change the character of the improvementa there. 

Tho amendment was agreed to. 

Mr. HAWLEY. I wish to invit? tho attention i i-- 

man of the Committee on Appropriation-; >o (!i<^ o> : y 

cut in the appropriations for tho soir to 

pages 91 and 92 of the bill. Nearly :i 1- 

diers' homes are reduced. The ai)|.r",r .il 

thesomattersare very greatly roducd. M r. 

Gen. Franklin, chairman of the IJoard of ^ I- 

diers' Homes, has especially appealed to me in two It 

that the apjiropriations assmt to us by the other br;i ;- 

gress shall lo raised somewhat. 

For the home at Santa Mtmica. Cal., a careful ostiinate for 
current expenses was $20,U10.23. The chairman could easily tell 



1910 



CONGRESSIONAL RECORD— SENATE. 



Februaey 21, 



us what the current expenses are, but I will save him the 
trouble: 

Piiv of offlcers ami noncommissioned offlcera of tlie home, wltli such ex- 
ceptions as at-H hcreiuattei- noted, and their clerics and orderlies; also pay- 
ments tor chaplains and religious instruction, printers, hooljliinder.s, tele- 
graph and telephone operators, guards, policemen, watchmen, and Are 
company; for all proj^erty and materials purchased tov their tise, Includintr 
repairs not done by the home; for necessai-y expenditures for articles of 
amusement, boats, library l)ooks, magazines, papers, pictures, and musical 
lustrumeuts, librarians and musicians, and for repairs not done by the home: 
also for stationery, advertisins;, legal advice, and postage, and tor such other 
expenditures as can not properly he included under other heads of cxpendi- 
tiu'e. 
The other Houso appropriated $15,000. 
Mr. ALLISON. What page is the Senator reading from? 
Mr. HAWLEY. On page 84. On page ill, lines 13 to 17 in- 
clusive is the first item tor the Pacific Branch. I will not move 
to increase that item, thotigh it is wretchedly insufticient, know- 
ing how dilficult it is to get anything. I go on to ijage 92, lines 
3and 4, " for the transportation of membersof the home, $3,000." 
The estimate is $5,000. There arc (iOO old soldiers in California 
waiting for an opportunity to getinto that home. I do not know 
but the chairman of the committee knows all this already, but 
it is my duty to wait until he shall hear me. 

I say there are 600 old soldiers in California waiting to get Into 
the Santa Monica Home. The estimate was $5,000 for indispens- 
able transportation. The appropriation in the bill as it came 
from the other House was $3,000. There are 882 men now in that 
home. There were (W'i last year, and during the next fiscal year, 
for which the estimate is made, there will be a still larger num- 
ber. Yet tire other Houso seem to think (and the Senate com- 
mittee did not interfere) that a reduction of 40 per cent in the 
appropriation for transportation can be made. The gentlemen 
who are managers of those homes are man whom nearly all 
Senators know. They are among the best men of the several 
States. They know all about their business. They are perfectly 
aware of the extraordinary pressure for reduction of expenses in 
every department, and they tell you distinctly that they can not 
comply with existing laws under those figures. 

There is another point. I will go back to page 91. In the ap- 
Ijropriations for the same home, the Santa Monica Home, the es- 
timate for subsistence based upon the almost absolute certainty 
of an increase in the numbers is $82,125. I will throw off the 
$125. With a certainty of an increase, the bill, as passed by 
the other House, says $70,000 instead of $82,000. As I told the 
Senate, last year the number was 683. Now, there are 882 mem- 
bers of the home, and during the fiircal year for which we are 
appropriating it is certain to be a thousand and over. 

"What is tile logic of such an appropriation? If you had ten 
men to feed last year and had no money leftover, and liave twenty 
men to feed the next year, it is quite useless to appropriate 50 
per cent more than you did last year because the appropriations 
for fifteen men will not feed twenty men. The result of the pas- 
sage of this bill will be simply to say to the 600 soldiers in Cali- 
foi"nia, the whole of them, you can not get your railway tickets 
to the home, and if you get there you'.can not be fed. That is to 
say, you will have to live on about 20 per cent le.^sthan the ordi- 
nary fare. I will first move to increase the appropriation for 
subsistence; that is to say, on page 91, in line 19, before the word 
"tliousand," I move to strikeout "seventy" and insert " eighty- 
two." 
Mr. GORMAN. Let the amendment be stated. 
The VICE-PRESIDENT. The amendment will be reported. 
The Secretary. In line li), pageitl, it is proposed to strike 
out '■ seventy " and insert "eighty-two; " so as to read: 

For subsistence. Including the same object specified under this head tor the 
Central branch, $8;>,000. 

Tlie VICE-PRESIDENT. The question is on agreeing to the 
amendment of the Senator from Connecticut. 

Mr. GORMAN. Mr. President, I have been quite in sym- 
pathy with the Senator from Connecticut and all others who 
want to make ample provision for these homes. This is a small 
increase it is true, but I submit to the Senator and to the Senate 
that we have made ample provision for the soldiers in the homes. 
If the Senate does not, the country does realize where we are 
going to in this matter. Containetl in this bill for the various 
homes under the control of the board there is an appropriation, 
as the bill came here, of two million six hundred and seventeen 
thousand and odd dollars, which has been increased somewhat 
by the recommendation of the committee. 

'ill addition to that, for the Territorial homes there is an ap- 
propriation of $550,000, making over $3,000,000 contained in this 
one bill for the various homes, and nearly every inmate of the 
homes is drawing apension from the Governmentof from $8 to $20 
a month and no deductions are made from those pensions. Not- 
withstanding this very liberal, this very extraordinary approjiri- 
ation for their support in these homes, here comes a bill which 
I have now before me, which we shall consider in a day or two. 



and the main appropriation contained in it for pensions is $165,- 
000,000. One hundred and sixty-five million dollars, Mr. Presi- 
dent, for pensions, and almost every one of .the inmates of these 
homes is drawing a portion of it. One hundred and sixty-five 
million dollars for pensions and to support the homes $3,000,000, 
making a totiil of $168,000,000. 

As certain as the sun will rise on the Istdayof July next there 
will be a deficiency of from thirteen to fifteen million dollars. 
No man can tell how much. I submit that it is time t9 halt and 
to say that this matter shall terminate at some point short of 
absolute banki-uptcy to the Treasury. 

I have never by any vote of mine or by my voice advocated a 
proposition to deprive these gallant men of jiroper compensa- 
tion, nor have I voted against the proposition to give them fair 
and comfortable treatment in these homes, but I submit to the 
Senator that there is a limit to all of these things, and the ex- 
cess to which we are going now by amendments such as the one 
proposed by the Senator from Connecticut will react. 

The pendulum will swing on the other side, just as it did in 
the revenue measures. One excess will produce another, one 
extreme beget another. 

I hope the Senator from Connecticut, who was a gallant soldier 
in the Union army himself, who has a soft spot naturally for 
these aallant old men, will not jsress us to make additional ap- 
propriations. We have been liberal beyond the liberality o any 
other people in the world. Why force additional approjiriations 
when there is no necessity for them? 

Mr. HAWLEY. Mr. President, I shall force it with all my 
power on this particular matter. I have no soft spot. I have 
simply the law before me. If the Senator or the new Adminis- 
tration, the new Congress, the new party, the compound party 
that is coming into power, desire to cut down the pensions, that 
is quite another question. I hope they will give a thorough 
inspection to the list of pensioners and drive out the frauds. If J 
thei-o shall not happen to be some found among two or three I 
hundred thousand pensioners, I shall be very much surprised in- 
deed. 

But that is wholly foreign to this question. The Senator is 
appealing to a distrust, a distaste, a dissatisfaction in the public 
mind about the vast amount of pensions. He is appealing to 
that as against my little motion here, which is a wholly differ- 
ent affair. He says some of these old soldiers in the homes 
have pensions already. That is not the question at all. The 
proposition that a soldier with no wife, no children, no dependent 
per.son, shall surrender apart of his pension, leaving him enough 
for tobacco, etc., while the Government feeds and clothes him, 
is entirely a different proposition. The Senator is open to make 
that. I shall not raise a yioint of order if he proposes some- J 
thing of that kind in this oill or on an independent bill that 1 
shall be discussed upon its merits. 

If ,Tohn Smith, 65 years old, is getting a pension of $20 a month 
and then goes to the home to live, I think there is an equity in 
saying he might surrender a partof his pension. But that is not 
this question. Some of these men may have pensions and some 
may not have pensions. They desire to go to that home. Six 
hundred of them are waiting for an opportunity in California, 
according to the statement made before the committee by Gen. 
Franklin, the head of the board, and he says they will not have 
money enough to bring as many to the home as they had last 
year instead of money enouglr to bring more to the home. They 
are entitled to only their transportation when they first cume. 
That is all. 

The general says there will be an increase in the California 
home, unquestionably, the next year. He shows the increase 
this year over the last. That increase is not going on forever. 
There is a cut down of the appropriation for subsistence from 
$82,000, the estimate. It is a matter of as absolute calculation 
as the measure of a board by a carpenter. The other House 
cuts it down. He agrees to a cut from $82,000 to $70,000 with a 
certainty that $82,000 will be required. I do not object to any 
discussion of the question whether a pensioner might not sur- 
render a part of his pension when he is in the home, but that is 
not the question hero. 

INIr. ALLISON. The amendment proposed by the Senator 
from Connecticut is to increase by $12,000 the appropriation for 
subsistence at the home at Santa Monica. Gen. Franklin ap- 
peared before the Committee on Appropriations, as also another 
member of the board. Gen. Sewell, who is well known to us all, 
and they agreed to every ijrovision in the bill excepting the 
provisions respecting the home at Santa Monica and the home 
in the State of Indiana. 

Mr. HAWLEY. That is what I said, substantially. 

Mr. ALLISON. I understood the Senator to say that there 
were a great many things about this bill that did not meet his 
approval as respects these homes, and then he called especial 
attention to the Santa Monica home. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



2<l()l 



following bills, in which it requested the concurrence of the Sen- 
ate: 

A bill (H. R. 3626) to grant to the Gainosvillo, McCallister and 
St. Louis Railway Company a right of way through the Indian 
Territory, and for other purposes; 

A bill (H. R. 8518) to authorize the Commissioner of the Gen- 
eral Land Office to issue a patent for Mace Clement's survey, 
No. 386, in the Virginia military district of Ohio; and 

A bill (H. R. 8677) to remove the cloud from the title to certain 
real estate in the city of Crawfordsvillc, Ind. 

EXECUTIVE COMMUNICATIONS. 

The PRESIDENT pro tempore laid before the Senate a com- 
munication from the Secretary of the Treasury, transmitting an 
estimate of deficiency in the appropriation for burial expenses 
of indigent soldiers for the fiscal year ending Juno 30, 18!)3, of 
$1,000, which, with the accompanying papers, was referred to 
the Committ?e on Appropriations, and ordered to bo printed. 

He also laid before the Senate a commiuiioation from the Sec- 
retary of the Treasury, transmitting ihe claim of Charles Gal- 
lagher for the return to him of $9,876.3'.) alleged to have been un- 
lawfully exacted of him in fees under commercial intercourse 
regulations; which was road. 

Mr. CHANDLER. The recommendation is that the case be 
sent to the Court of Claims. I move that the communication 
and accompanying papers be referred to the Committee on 
Claims and printed. 

The motion was agreed to. 

The PRESIDENT pro tempore laid before the Senate a com- 
munication from the Secretary of the Treasury, transmitting an 
estimate of deficiency in the appropriation for salaries and o.\- 
penses of pension agents and rents for the fiscal year ending 
June 30, 1892, of $287.50; which, with the accompanying papers, 
was referred to the Committee on Appropriations, and ordered 
to be printed. 

PETITIONS AND MEMORIALS. 

Mr. FRYE presented a petition of the Single Tax League of 
Lewist'jn and Auburn, Maine, praying for the establishment of 
a permanent census bureau, which shall show the distribution 
as well as the production of wealth; v,'hich was referred to the 
Committee on the Census. 

Mr. CULLOM presented petitions of citizens of Monroe County, 
111., and of sundry citizens of the State of Illinois, praying for 
the appointment of a committee to investigate the combine 
formed to depreciate the price of grain; which wore referred to 
the Committee on Agriculture and Forestry. 

Mr. PADDOCK presented petitions of Fisher & Lawrie, ar- 
chitects, of Omaha. Nebr.; of Henry Flan, civil engineer, of St. 
Louis, Mo., and of Shepley, Rutan & Coolidge, architects, of Bos- 
ton, Mass., praying for the passage of the bill proposing to ap- 
propriate $40,000 for continuing tests of American timber; which 
were referred to the Committee on Appropriations. 

He also presented the petition of J.J. Kvans, postmaster at 
Waco, Nebr., praying that the rate on letter postage be reduced 
from 2 cents to 1 cent an ounce; that the rate on newspapers and 
magazines and all second-class matter be increased to 5 cents per 
pound, and to place all classes of business enterprise upon tho 
same footing in the way of postal privileges; which was i-efcrred 
to the Committee on Post-Offices and Post^Roads. 

Mr. Mcpherson. I present a petition which I think is 
more numerously signed and represents more capital engaged in 
industries than any petition I have ever seen brought before the 
Senate. The petitioners call attention to tho fact that by the 
law passed in October, 1890, and known as the McKinloy act, 
pig tin is subject to a duty of 4 cents per pound, to take effect 
on and after July 1, 1893, and that in all probability, in the ab- 
sence of legislation at the present sfssion of Congress, that jiro- 
vision will veVy seriously affect manufacturing industries. The 
petition is signed by nearly ail the manufacturers and also those 
engaged in foundry work of all kinds. Something like 100 
different companies have signed the petition. It i-epresonts an 
almost unknown amount of capital. I should like to have tho 
statement of fact only, which is contained on less than one page 
of coarsely written matter, printed in tlio Record in order that 
the attention of Senators may be called to those who have jioti- 
tionod in this matter, and I ask that tho petition ba referred to 
the Committee on Finance. 

Mr. ALLISON. What is the petition? 

Mr. Mcpherson, it is a petition calling the attention of 
the Congress of the United States to the fact that under theMc- 
Kinley law after the 1st day of Jvily, 1893, a tax of 4 cents a 
pound will bo imposed upon raw tin, and asking the interference 
of Congress at the jiresent session. 

Mr. ALLISON. I am quits sure that Congress well under- 
stands the question. I object to the petition going into the 



Record. I am quite willing that it sbail be printed as a doou- 

Mr. Mcpherson. Does the Senator objoot to having tho 
fact which 13 given in tho jxitition statoU in tho Recx)RD, so as 
to call llio attention of Congress to tho fact? 

Mr. ALLISON. It occurs to mo that to print it as a dooiimont 
would answer the purpose as well. 

The PRESIDENT protcmport. The Senator from Now Jersey 
asks unanimous consent that tho iwlitiou prosenved bv lilin 
printed in tho Rkcord. ^ 



■ ictl 

II iin-*ro 

"■^'•2, to 
An 
url 

.sua 

■ of 



ba 

printed in tho Hkcord. ' " ' 

Mr. .\LLISON. I object. 

The PLdCSI DKN'T pm lempote. Objoction U mndo 

Mr. ALLISON. I ksk that it be- t ■ ' 

The PRIOSI DKNT jiro tt m„i,n. 

as a document and referred to tho C . 

be no objection. 

Mr. COCKRELL. In connection with S nat.- 1,111 
amend the act of {.Congress approved Ma 
act to autliorizo tho constriictiun of a b: ; 
Itivor at the most accessible point ln^tv, 
and the town of SibK'y, in the county . 

Missouri," now ponding iKiforo th,' • "■ ., j 

present resolutions adoiitod by a In- ,.\i. 

i/.ens of Clay County, Mci., staling t .i,ij 

as a people, and in justice to individimi iniircsl-s, ihcy iiro oi>- 
posed to, and protest against the passage of said amendiitory 
act, and of any act which will amend or in aiiv way cliuni;<> tho 
said act of Congress: "and wo appeal t > our .Senators and Uop- 
resentatives in Congress to sustain us in our opiwsiUon and pro- 
test." 

In this connection I also pres.-'nt resolutions of ih imnon 

council of the city of Kansas City, oppoing the pr. .■]go 

contemplated by tho bill: and also resolutions of th > ity 

Live Stock Kxchange, and a telegram anr.o'.incing thai lUo Com- 
mercial Club of Kansas City had decided by a vote of 18 to 17 to 
oppose tho proposed change. I movo tbat'the memorials bo re- 
ferred to tho Ciinimittee on Commerce for consideration in con- 
nection with the bill. 

The motion was agreed to. 

Mr. PETTIGREW. I present a joint resolution passed by tho 
Legislature of South Dakota, remonstrating against tho repeal 
of any portion of the act "granting pensions to soldiers and sail- 
ors who are incapacitated for the iierformaiice of manual lalxir 
and providing for pensions to widows, minor children, and de- 
pendent parents," approved Juno 27, 1800. I move that iho mo- 
morial be referred to tho Committee on Pensions. 

The motion v.'a3 agreed to. 

REPORTS OP COMMITTEES. 

Mr. SAWYER, from the Committee on Pensions, to whom 
was referred the bill (H. R.S017)grantinga jiension to Elizabeth 
Voss, reported it without amendment, and submitted a reiwrt 
thereon. 

Mr. MITCHELL, from the Committee on Claims, to wh' m was 
referred the bill (S. 261) for tho relief of William B. .Morgan. 
submitt<'d an adverse report thereon; which was agreed to, and 
the bill was postponed indefinitely. 

He also, from the same committee, to whom was referred tho 
bill (S. 3733) to empower Robert Adgor and others to bring suit 
in tho Court of Claims for rent alleged to bi; due them. ivjHjrteU 
it without amendment, and submitted a report theroon. 

Mr. JONES of Arkansas, from the Committee on Indian Af- 
fairs, to whom was referred the bill (S. ;M73i to autho'izo tho 
Interoceanic Railway Company to construct and operate a rail- 
way, telegraph, and telephone lines through the Indian Terrl- 
t iry, reported it with an amendment, and submitted a report 
thereon. 

Mr. MORRILL. I am directed by the Committee on Finance, 
to whom was referred the joint resolution (.S. R. l.')4) instructing 
the Commissioner of Internal Revenue to reopen and ri'c'xamino 
tho claim of the Continental Fire Insurance Company andothcrB, 
and certify tho amount of taxes encmeously paid by said orpor- 
ations, if any, to report it without reconiinenlaiinn, 

I wish to state that the joint ivsohition refers to nine compa- 
nies which have claims against the United Slates. ^'-^ ' '■■':!ch 

have been reported against by two commiMecs and !■ > ily. 

I desire to add to the statement that I tliiiik it ^'. 'ry 

much better that tho law which limits th- time when claims 
against the United States can Iks presented should bo rf>p<»B!<'d or 
that acts which conflict with that law on ;^ Ad 

not lie passed, as any such act hero will > for 

an innumerable number of claims to 1» I'l "1.11, m iU m irxt 
Congress. 

I suppose there are hundreds upon hundreds of these claims 
twenty and thirty years of ago, and I wish to say that a largo 



XXIY- 



-126 



2002 



CONGRESSIONAL RECORD— SENATE. 



Eebruaky 22, 



portion of them, if tliey arc like those mentioned in this reso- 
luticju, would not restore the amount that is claimed to the orig- 
inal stockholders who paid the taxes, many of whom are dead, 
and many changes have been made, of course, in the stockholders 
of the various companies. 

There is another fact in relation to the matter, that one-half 
of tlio sum is universally agreed to be paid to the claim agents 
or attorneys of these outlawed claimants. I think that the Sen- 
ator from Virginia [Mr. Hunton] who introduced the joint reso- 
lution had better modify it, if he desires to have it passed, so that 
it will refer to the banks, insurance companies, and railroads of 
the proper States. 

The PRESIDENT pco tempore. The joint resolution, being 
reported without recommendation, will be placed on the Cal- 
endar. 

REPORT ON IMMIGRATION. 

Mr. CHANDLER. I submit a report from the Committee on 
Immigration to accompany the bill (S. 378G) establishing ad- 
ditional regulations concerning immigration to the United 
State, which is now on the Calendar. I ask that the report be 
printed with the testimony and accompanying documents. 

I also ask that 2,000 additional copies of the report without the 
testimony and documents be printed for the use of the Senate. 
There is annexed to the report a history of immigration investi- 
gation and legislation, which will be useful for Senators of 
whom incpiiries are made on the subject. I ask an order for the 
printing of 2,000 additional copies of the report without, the testi- 
mony and documents. 

The PRESIDENT pro tempore. The Senator from New Hamp- 
shire submits a written report upon a bill now upon the Calen- 
dar, which report with the accompanying papers will be printed 
as a report. He moves that 2,000 additional copies of the report 
be printed without the testimony. The motion under the rules 
■will have to be referred to the Committee on Printing unless by 
unanimous consent it is otherwise ordered. 

Mr. CHANDLER. I ask unanimous consent that the order be 
made. 

The PRESIDENT pro tern-pore. Is there objection to the re- 
quest that 2,000 additional copies of the report without the tes- 
timony bs printed? It is so ordered in the absence of objection. 

LANDS IN LOUISIANA. 

Mr. WHITE. I am directed by the Committee on Public 
Lands, to whom was referred the bill (S. 3202) I'eoonveying to 
the original grantors the title to certain lands in the Stati- of 
Louisiana convoyed by them to the United States, to i-eport it 
without amendment. I ask leave to put the bill on its passage at 
this time. It can not possibly provoke any discussion. If it 
does, I will withdraw the request. 

The PRESIDENT pro iemporc. The Senator from Louisiana 
asks unanimous consent that the bill reported by him from tlie 
Committee on Public Lands be now considered. Is there ob- 
jection? 

Mr. Allison i-ose. 

Mr. BLACKBURN. The Senator from Louisiana says he will 
witlidraw it if it provokes debate. 

Mr. WHITE. I will withdraw it if there is the slightest objec- 
tion. It can not possibly lead to debate. 

Mr. ALLISON. Very well. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed. 

Mr. ALLISON. ISlr. President. I give notice that I shall ob- 
ject to the consideration of any further bills this morning. 

bill introduced. 

Mr. DUBOIS introduced a bill (S. 3879) granting a pension to 
Charlotte M. Bryson, widow of Andrew Bryson, late rear-admi- 
ral in the United States Navy; which was read twice by its title, 
and referred to the Committee on Pensions. 

amendments to appropriation bills. 

Mr. SAWYER submitted an amendment intended to be pro- 
posed by him to the I'ost-Office appropriation bill; which was 
referred to the Committee of Post-Offices and Post-Roads, and 
ordered to be printed. 

Mr. BLACKBURN submitted an amendment intended to be 
proposed by him to the deficiency approi)riation bill: which was 
referred to" tlie Committee on Claims, and Ot'dered to be printed. 

;Mr. MITCHELL submitted an amendment intended to be pro- 
posed by him to the legislative, executive, and Judicial appro- 
priation bill; which was referred to the Com m ittee on the Ju- 
diciary, and ordered to bo printed. 



withdrawal of papers. 

Mr. PERKINS. I ask the permission of the Senate to with- 
draw the final discharge papers, and some other private papers, 
which were filed in supjaort of a bill introduced by me in the in- 
terest of Patrick Montgomery. There has been no adverse re- 
port, and I ask permission to withdraw the papers. 

The PRESIDENT pro tempore. The papers will be withdrawn , 
subject to the rules of the Senate. 

HOUSE bills referred. 

The following bills were severally read twice by their titles, 
and referred to the Committee on Public Lands: 

A bill (H.R. 8518) to authorize the Commissioner of the Gen- 
eral Land Office to issue a patent for Mace Clemenfs survey, No. 
380, in the Virginia military district of Ohio; and 

A bill (H. R. 8677) to remove the cloud from the title to cer- 
tain real estate in the city of Crawfordsville, Ind. 

The bill (H.R. 3820) to grant to the Gainesville, McCallister 
and St. Louis Railway Company a i-ight of way through the 
Indian Territory, and for other purposes, was road twice by its 
title, and referred to the Committee on Indian Affairs. 

INAUGURATION ARRANGEMENTS. 

Mr. HALE. I submit a resolution and ask for its immediato 
consideration. 

The resolution was read, as follows: 

Jlesoloed, That the Commissioner.? ot the District of Columbia are directed 
to suud torthwith to the Senate a statement of all places on the public 
groimds and streets where permits have been (2:iven to erect stands for seats 
to bo used on inauguration day. and whether m any case such stands have 
been erected in front of any of the public buildings. 

The Senate, by unanimous consent, proceeded to consider the 
resolution. 

Mr. HALE. Mr. President, I have'oflfered this resolution in 
order that information may be gained as to the extent which it 
is contemplated the jiraotice of erecting seats upon public 
grounds is to be carried out. Day after day, in going along the 
line where the procession will move, we have all seen the en- 
croachment of stands for seats constantly progressing; one res- 
ervation after another is closed up and occupied and covered by 
them. The line of march to be taken by the procession, thou- 
sands of our fellow-citizens from Statesoutside coming here, will 
be not much more than a display of plank seats, and, if the day 
is bad, half filled or less. 

This morning I discovered, in addition to what had been put 
up before, that the n;)rth front of the Treasury building, a 
very line front which ought to be seen from the procession, has 
been encroached u])on: that wooden stands are to bs erected- 
there, and that will be cut off from view. Almost the entire lot 
where the Executive Mansion is situated has been taken up in 
the same way, so that that can not be seen. 

Mr. HAWLEY. And the south end of the Treasury build- 
ing. 

Mr. HALE. As the Senator from Connecticut suggests to me, 
the south end of the Treasury building, a public building which 
is a singularly beautiful and imposing feature in Washington, is 
to be shut olT from the spectators. 

Now, who has done this? By what authority or upon what 
theory I do not know, but it seems to me tliat it lias become an 
evil when it is found that almost everything in the line of the 
procession worth seeing is disfigured and obscured and the view 
entirely or almost obstructed. 

Mr. MORRILL. If the Senator will allow me, I will state 
that I have hoard one person has put up these structures and 
then sold tickets, sy that he will be able to pocket $10,000. I 
do not know whether that is true or not. 

Mr. HALE. If that is true, it is time that we should look into 
the mattsr. It has been suggested by another Senator while I 
am speaking that the fine statue v.'hich was recently erected in 
Lafayette Square, the statue of the great Frenchman whom we 
delight to honor, the Marquis de Lafayette, is entirely cut oil 
from vie w and no one can see it. 

Mr. MITCHELL. It is ab.solutely obstructed from sight. 

Mr. HALE. Now, if this avenue and all the public streets are 
to be given up to the kind of speculation the Senator from Ver- 
mont has just alluded to, the Congress of the United' States 
ought to do something about it. I think the great trouble has 
been that this body, in connection with the other House, did not 
weeks ago take some action and preserve at least, from the dis- 
figuring stands that have been made all over the city, some of 
the things are worth seeing by our visitors who will come here. 

Mr. CULLOM. The statue referred to is made a part of the 
base of the board structure upon which it is expected to rent 

Mr. HALE. That they have utilized? 

Mr. CULLOM. They have utilized it for that purpose, and 



189^ 



CONGRESSIONAL RECORD— SENATE. 



•20o;j 



substantially obscured it so that no stranger coming here can 
see the statue except on one side. ° 

Mr. JONES of Arkansas. I wish to ask the Senator from Maine 
a question by his permission. 

Mr. HALE. Certainly. 

Mr. JONES of Arkansas. I should like to know it any of 
these seats are reserved for members of Congress or their fam- 
ilies? I have myself made some effort to get aceommodatiou for 
my own family and have been unable to do so. I should be glad 
to get some information on that point. 

Mr. HALE. I think the Senator will find no trouble about 
that. Ample seats have been reserved and will bo furnished to 
members of Congress and their families upon paying the pi-ices 
speculators put upon them. There will be no trouble about that 
whatever. 

Mr. JONES of Arkansas. My information has been that the 
men who have erected the seats claim that tliey are all disjjosed 
of and in the hands of third parties now and there is no limit as 
to what they may charge for the seats. 

Mr. HALE. The Senator from Vermont [Mr. Morrill] has 
alluued to a practice of that kind. I fancy that the seats in many 
cases have been bought up by single individuals who are specu- 
lating out of the public; that no reservation has been made for 
anybody in Congi-ess and that the fine things upon the route, in 
short, are ctit otf entirely. I want to know about it, aiid that is 
why I have introduced the resolution. 
_ Mr. HAWLE Y. I should like to ask a question for informa- 
tion. One would naturally suppose that these people have ob- 
tained permission. One would naturally suppose that those 
people have obtained permission from the District Commission- 
ers or from some public authority. What does the Senator know 
about thaty 

Mr. HALE. That is the very thing I ask in the resolution, 
that the District Commissioners shall report to us what permits 
they have given, what the permits cover, and if in any cases the 
stands interfere with the public grounds or buildings. 

Mr. MILLS. I wish to say, if the Senator will permit mo, 
that some of these seats have covers over them, and they have 
obstructed the view from the windows of the i)rivate property 
owners who have some rights to the streets as well as these other 
persons. I think the tops at least ought to bo taken off the 
stands and these speculators ought not to be permitted to ob^ 
struct the view of persons who have a right to view the stree 
from their private property. 

Mr. MCMILLAN. Mr. President 

The PRESIDENT pro tempore. Does the Senator from Maine 
yield to the Senator from Michigan? 

Mr. HALE. Certainly. 

ISIr. McMillan. I made some inquiry in regard to these 
stanJs when I savr they were being erected, and in the interest 
of the Senate I wrote a letter to the District Commissioners 
asking them if they gave permission to put the stands up, and 
what arrangements had been made to take care of Congress. 
An answer came back stating- that the District Commissioners 
had nothing whatever to do with the stands; that the Govern- 
ment reservations were in the hands of the Government, and 
that Col. Ei'nst is the officer in charge of the reservations. I 
then wrote a letter to Col. Ernst, and he referred me to Col. 
Baird, I think, and at the suggestion of some Senators I sent a 
letter through the Sergeant-at-Arms to Col. Baird. asking liim 
if further arrangements had been made for members of Con- 
gress. He i-j turned a reply that each Senator would be entitled 
to one ticket free. 

Mr. HALE. On the suggestion of the Senator from Michigan, 
I will add, after the words '' the Commissioners of the District of 
Columbia." the v/ords '' and the engineer olBcer in charge of 
public buildings and grounds in the District of Columbia." 

The PRESlDENTpro tempore. The resolution will be so mod- 
ified. 

Mr. HALE. I ask for its adoption as modified. 

Mr. McMillan. I should like to have it read. 

Mr. HARRIS. Let it be read. 

The PRESIDENT pro tempore. The resolution wiU be read as 
modified. 

The Chief Clerk read as follows: 

Jtesoleed, That the Commissioners of the District of Columbia and the en- 
^neer officer in charge ol public huilrtings and gi-onnds in the District of 
Columbia are directed to send forthwith to the ^S6nate a statement of all 
places on the ptiblic groiinds and stri^cts where permits have been given to 
erect stands for seats to be used on inauj^uration day. and wjiether in any 
case such stands have been erected in front of any of the public buildings. 

Mr. GORMAN. I introduced the joint resolution, which was 
passed, and was approved January 2(5, 1803, in the following words: 

That the Secretary of War is hereby .authorized to gr.aut permits to the 
executive committee on inaugrural ceremonies for the use of any reserva- 
tions, or other ijubllc spaces, in the city of Washington, on occasion of the 
tuaupui'ation of the President-elect on the 4th day of March, 1893, which in 



f 



Then the matter ia lull, Ut tUo Diali-ict Commis- 



•Ots. 

iry ol War. 

■ubl.i mar (iMlgnate far 
.uiU aldawoUu In Uie District 



It -.^ li ti-u 
on of a I 
living be 



lli> 
. of War 
lilt wi'r<» I 



ri in.' Ilia 



Thiit 



Ml?„'i'!!?l°,Sn'" '"'"'^' no serious or permanent Injurv uiKin su.-h ro^-rvn- 
tlons or public spaces: and theComiiii-.--i....r -.,'.>, .Til. ,,,,:. :,..'...,.. ™. 
designate for sach and other pur- 
In the DLstrlct as they may diem', 

Mr. HALE. 

sioners. 

Mr. GORMAN. Onlv . • 

Mr. HALIC. What W. 

Mr. FAULKNER. It 

Mr. GORMAN. The last 

And the Conimlsslnncr-; oT t'i. 
such and other ji . 
as they may dtc: 

This is cxaoi. , ,, 
occasion upon the 
the morning, my ai 
the Senator from Muiuo, i huppeuod 
men in charge of the cercniorii ■-■, 
made api)Iication to tb- 
identical sjjaces, the vr 
tion of I'rosidcnt Harri-..:i :i!m 
predecessor, and that no other oi- 
granted, oxceptin one or two ■■i . 
He said they found that as ■ 
years there has to bo some iu^ 

the whole e.xpensoof the inuuginiilioii is aiwuvB burui 
subscription; and that die coniniitteo in cliargo of i. 
monies get nothing from the Govornmont o.xcopt tlio u^ of Iho 
S])aces. 

The amount of money required fori'- ■ ■ ' •' 

stands is very large, anil tliey got it !■ 
some man who will take the risk of en , 
selling the seats. As a matU'r of courso, oTi ii jfi 
this kind, whore thi' stands will not accoiniiioii. 
those who desire to have thcni, hp.-euhilor.-' Co 
them. I have no doubt there is some extortion i 
but I am assured that liie e.\act r;; 
position o6the S])aee3 that was ai' 

Mr.MjLfjS. I wish to ask tile ,...i 

joint jlRDlution he speaks of aulli' 
thp^cv,' anywhere in front of pi. 
plxjperty along the streets. 

Mr. GOR^L\.N. I was notaware that such wn-stho fm-t. 
is a matter, however, that the DLslricl Coii; 
tionably, in conference with thegentloincn , 
augural committee, will arrange. Tli" i" 
entirely a voluntary matter, u i)rivate 
citizens of Washington, and tho very ' 
corrected, I have no doubt. 

Mr. MILLS. I have heard complaint jn the Isvit few dnvs of 
as tincture erected on the square down 1 1', 
the view all along in front of tho Xatid 

and they have put a great top over it, uu i .u ■ i ■ nni. ,% a ■ u.ne 
selected rooms to view the i)ro:'ession from housts are now en- 
tirely shut out; they can not see anything. I do not think wo 
ought to use the public squares so as to injure tho property alon^ 
the streets. 

-Mr. HALE. I do not desire to ttiko up an 
has become a great nuisance, and it is none 
we have permittedit heretofore. I think it w.i; ii:i.. 
result if the resolution passes, and may call a halttoa 
action, 

Mr, JONES of Arkansas. I should like to make a ^ 
to the Senator from Maine. His resolulien. it .=.• 
ought to ask if there have been any arnr 
limiting the prices of the seats, and if ther. 
made to protect tho public a;,: 
charges for the scats, I tliii. 
tion, some sort of limitation i.i ,m, ,■■ . 
occupation of the seats. The Govcrt v 
1 arty to the robbery of people who C" 
inauguration. 

Mr. HALE. Here is what has just been hnnfled to mo by tho 
Senator from New Hampshire [Mr. Cn 

And what if any conditions have been Impo- l.^rffollU> tie made 

to the public for the use of such stands. 

Mr. JONES of Arkansas. That covers what I have In viow. 

Mr. HALE. I ask that that be added, and that tho Scci-otnry 
of War be also included in tho resolution so that wo can get at 
everything. 

The PRESIDENT pro Umjmre. Tho resolution og modified 
will be read. 

The Chief Clerk read the r 

nesolrtd. That the Secretary nf \- 
Columbia, and the eninneer r*" - 
In the District of Columbia 
statement of all places on th , ; 



2004 



CONGRESSIONAL RECORD— SENATE. 



Eebeuaey 22, 



been given to erect stands for seats to be used on Inauguration day, and 
whether in any case such stands have been erected in front of any of the 
public buildings, and what, if any, conditions have been Imposed as to the 
charges to be made to the public for the ase of such stands. 

Mr. MILLS. Why not insert ''either public or private?" 
They have no right to obstruct private property. 

Mr. HALE. I have no objection to that. 

The PRESIDENT pro tempore. The question is on the adop- 
tion of the resolution r.s modiOed. 

Mr. GORMAN. I trust the resolution may go over until to- 
morrow morning. It may be that I shall then have a statement 
from gentlemen in charge of this matter to submit to the Senate. 
No good can come from action now, I think, except as a matter 
of inquiry and to prevent the abuse hereafter. It has gone too 
far to be applied to the coming inauguration. I ask the Senator 
from Maine to let the resolution go over until to-morrow. 

Mr. HALE. All right, let it go over. 

The PPx.ESlDE^T pro tempore. The consideration of the reso- 
lution will be pa.ssed over until to-morrow morning. 

CHAMPLAIN AND ST. LAWRENCE RAILROAD. 

Mr. PROCTOR submitted the following report: 

The committee of conference on the disagreeing votes of the two Houses 
on the amendment of the Senate to the "bill (H. R. 4275) to prant to the Cham- 
plain and St. Lawrence Railroad Company a right of way across the Fort 
Montgomery military reservation having met, after full and free confer- 
ence have agreed to recommend and do recommend to their respective 
Houses as follows: 

That the Senate recede from its amendment and the House agree to the 
same with an amendment as follows: 

In line 4, strikeout all after ••New York," down to and includmg the word 
"consideration," in line 7, and Insert in lieu t:ereof the following: •• Subject, 
however, to the provisions of an act entitled An act authorizing the Secre- 
tary of War to lease public property in certain cases,' approved July 28, I8K, 
and on condition;" and the Senate agree to the same. 

REDFIELD PROCTOR, 

C. K. DAVIS, 

F. M. COCICRELL, 
Managers on the iiari of th( Senate. 
JOHN L. MITCHELL, 

D. H. PATTON, 
C. E. BELKNAP, 

Managers on the pari of the House. 
The report was concurred in. 

SUNDRY CI^^L APPROPRIATION BILL. 

The PRESIDENT pro tempore. Is there further morning 
businessV 

Mr. ALLISON. If there is no further morning business, I 
move that the Senate proceed to the consideration of the sundry 
civil appropriation bill. 

The motion was agreed to; and the Senate resumed the con- 
sideration of the bill (H. R. 10238) making appropriations for 
Sundry civil expenses of the Government for the fiscal year 
ending .lune 30, 1894, and for other purposes. 

The PRESIDENT pro tempore. In order that the position of 
the bill may be fairly understood, the Chair will direct the 
reading of an extract from the RECORD of yesterday's pro- 
ceedings. 

The Chief Clerk read as follows: 

Mr. Allison. I ask that the amendments not reserved be concurred In 
now, and I ask that then the bill may go over until to-morrow, allowing 
new amendments to be ofTered in the Senate, the amendmeut suggested by 
the Senator from Minnesota and any others where notice is given tonight, 
and that th.? debate upon those amendments shall be by unanimous consent 
imder the live-minute rule, so that we may to-morrow within a reasonable 
hour finally dispose of the bill. 

fc * * * . ♦ « « 

The Presiding Officer. Is there objection to the request of the Senator 
from Iowa'' 

The Presiding Officer. The Chair will ask again. Is the request of the 
Senator from Iowa agreed to? Is there objection to it? The Chair hears 
none, and it is so ordered. 

The PRESIDENT pro tempore. The Chair understands that 
all the amendments agreed to as in Committee of the Whole have 
been concurred in the Senate except an amendment reserved by 
the Senator from Florida [Mr. C.\ll]. The question is upon 
concurring in the amendment excepted from the general rule, 
which will be stated. 

The Chief Clerk. On page 53, line 20, in an amendment al- 
ready agreed to, before the word " thousand,'' the Senate, as in 
Committee of the Whole, struck out "eighty"' and inserted 
"forty, "so as to reduce the appropriation under the head of 
"Depredations on public timber, protecting public lands, and 
settlement of claims for swamp lands and swamp-land indemnity," 
to $40,000. 

The PRESIDENT/jro tempore. The questiOQ is on concurring 
in the amendment made as in Committee of the Whole. 

Mr. CALL. At the request of the Senator from Maryland, I 
will withdraw my request and allow the amendment to be con- 
curred in and let it go into conference. I desire simply to ob- 
serve that I regard the agencies for the investigation of these 
frauds as matters of great importance. 



The PRESIDENT pro tempore. Then the reserved amend- 
ment, made as in Committee of the Whole, will be concurred in 
in the Senate. All the amendments made as in Committee of 
tho Whole have been concurred in in the Senate. 

Mr. DAVIS. Pursuant to notice given yesterday, I renew my 
amendment to strike out the first ten lines on page 58. 

The PRESIDENT pro tempore. The Senator from Minnesota 
proposes an amendment, which will be stated. 

The Chief Clerk. On page 58 strike out the first ten lines, 
the words to be stricken out being as follows: 

Pror'.df.d further. That there be added to section seven of "An act to re- 
peal the timber-culture laws, and for other purposes," approved March 3, 
IH9I. the following proviso: Provided further, lUMuothias in this section 
.shall be construed to apply in its provisions to or alfect any case where a 
contest was pending in the Land Department prior to the date of the passage 
of :iaid act, or to in any manner impair rights which had been acquired 
under the preemption, desert land, or timber-culture laws priorto March 3, 
1891. 

The PRESIDENT pro tempore. The question is on agreeing 
to the amendment. 

Mr. CALL. On that I call for the yeas and nays. 

The yeas and nays were ordered, and the Secretary proceeded 
to call "the roll. 

Mr. BUTLER (when his name was called). I have a general 
pair with the Senator from Pennsylvania [Mr. CameronJ. Not 
knowing how he would vote, I withhold my vote. 

Mr. CL'LLOM (when his name was called). I am paired with 
the Senator from Delaware [Mr. Gray]. I do not see him pres- 
ent and therefore for the time being I withhold my vote. 

Mr. DAVIS (when his name was called). I am paired with the 
Senator from Indiana [Mr. TuRPIE] and therefore withhold my 
vote. 

Mr. HUNTON (when his name was called). I am paired with 
the Senator from Connecticut [Mr. Platt]. It he were present 
I should vote '' nay.'' 

Mr. McMillan (when his name was called). I have a gen- 
oral pair with the Senator from North Carolina [Mr. Vance]. 

Mr. MITCHELL (when his name was called). I am paired 
with the junior Senator from Louisiana [Mr. Caffery]. If he 
were here he wo'ald vote " nay" and I should vote "yea.'' 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey]. Having learned 
that he would vote against the amendment, I vote " nay." 

Mr. PETTIGREW (when his name was called). I am paired 
with the Senator from West Virginia [Mr. C.\mden]. I transfer 
my pair to the Senator from Montana [Mr. Sanders] and vote 
" \ea.'' 

Mr. McMillan (when Mr. Stockbridge's name was called). 
My colleague [.Mr. Stockbridge] is unavoidably absent. He is 
paired with the Senator from Maryland [Mr. Gibson]. 

.Mr. BERRY (when Mr. Walthall's name was called). The 
Senator from Mississippi [Mr. Walthall] is jiaired with the 
Senator from Rhode Island [Mr. DixonJ. If the Senator from 
Mississippi were present he would vote "nay." 

Mr. VILAS (when Mr. White's name was called). The Sen- 
ator from Louisiana [Mr. White], being temporarily detained 
from the Chamber, desired mo to announce that he is paired 
with the Senator from Minnesota [Mr. Washburn], and that if 
present he would vote " nay." 

Tho roll call was concluded. 

Mr. FAULKNER. I am paired with the Senator from Rhode 
Island [Mr. Aldrich]. If he were present I should vote " nay." 

Mr. Mcpherson (after having voted in the negative).' I 
wish to inquire if the Senator from Delaware [Mr. HlGGlNs] has 
voted'? 

The PRESIDENT pro tempore. He has not voted. 

Mr. McPH ERSON. I am paired with that Senator and there- 
fore withdraw my vote. 

Mr. BLACKBURN. I desire to state that my colleague [Mr. 
Lindsay] wa^ paired with the Senator from Maine [Mr. Frye], 
who asked to have the pair transferred to the Senator from 
Ma.s.=achusjtts [Mr. Hoar]. Now. I transfer that pair to the 
Senator from Rhode Island [Mr. Aldrich]. That will enable 
the Senato:- from West Virginia [Mr. Faulkner] to vot-e. The 
Senator from Rhode Island is absent, and so is my colleague. 

Mr. FAULKNER. Then I will vote. I will vote "nay." 

Mr. DIXON. I have a general pair with the Senator from 
Mississippi [Mr. Walthall], who is absent. I transfer that 
pair to the Senator from Massachusetts [Mr. Hoar], and I will 
vote. 

Mr. BLACKBURN. That is fair. 

Mr. DIXON. I vote " yea." 

Mr. Mcpherson. At the suggestion of the Senator from 
Michigan [Mr. McMillan], I will tranfer my pair with the 
Senator from Delaware [Mr. Higgins], to the Senator from 
North Carolina [Mr. Vance], who is absent, and that will allow 



1893. 



COXGEESSIOXAL RECORD— SENATE. 



21K)5 



both the Senator from Michigan and myself to vot€. I vote 
nay, 

Ur. McMillan, l vote • ' yea." 

Mr. BATE (after votmg in'the ne^ativel. I have a general 
pair with the Senator from Washington [Mr. Allen]. I do not 
know how he would vote on this question, and I can not find out 
from his colleague, but I observe that all from that part of the 
^?"Pt'\^''®iI°*V^- ■' yea.-^ I voted " nay.'-and I think it proper 
that I should withdraw my vote. 

Mr. CALL (after having voted in the negatived I am paired 
with the benator from Vermont [Mr. Proctor]. I do not know 
how he would vote, but as Senatoi-s are generally voting "yea"' 
on the other side, I withdraw my vote. 

Mr. GEORGE. I am paired with the Senator from Oregon 
[Mr, DOLPH], ° 

The result was annoimced— j-eas 28, nays 18; as follows: 

YEAS— 28. 



Allison, 




Galliuger, 


Morrill, 


Sawyer, 


Carey. 




Hale, 


Paddock, 


Sherman, 


Chandler 


X 


Hausbroagh, 


Peffer, 


Shoup, 
S<iuire. 


Dawes, 


a> 


Hawley. 


Perkins, 


Dixon, 


-a 


Jones. Nev. 


Pettigrew, 


Stewart, 


Dubois, 


cz 


McMillan. 


Power, 


Teller, 


Frye, 


OS 


Manderson, 


Quay, 
XAYS-18. 


Wolcoit. 


Berry, 


o 
n,*^ 


Gorman, 


MePherson, 


Ransom, 


Blackbnr 


Harris, 


Mills. 


Vest, 


Blodgett, 


1 . 


Hill, 


Morgan, 


Vilas. 


Coke. 


U 


Irby, 


Palmer, 




Faulkner 


, <1} 


Jones, Ark. 


Pasco. 






lo" 


NOT VOTrNG-»2. 




Aiarich, 


=3 


Colquitt, 


Hiscock, 


Stanford, 


Allen, 


(/> 


Cullom, 


Hoar, 


Turple. 


Bate, 


i- 


Daniel, 


Hunton, 


Vance, 


Brlce, 


O 


Davis, 


Kyle. 


Voorhees, 


Butler, 


u. 


Dolph, 


Lindsay, 


WalthaU, 


Caffery, 




Felton, 


Mitchell, 


Warren, 


Call. 




George, 


Piatt, 


Washburn 


Camden, 




Gibson, 


Proctor, 


White. 


Cameron, 




Gordon, 


Pugh, 


Wilson. 


Casev, 




Gi-ay, 


Sanders. 




Cockrell, 




Higglns, 


Stanford, 





So the amendment was agreed to. 

Mr. HAWLEY. Notice was given yesterday, I believe, by 
the Senator from Montana [Mr. Power] that he would renew in 
the Senate an ameudment relating to the establishment of a post 
at Helena. I send to the desk the amendment with an amend- 
ment, or I submit the whole as one amendment, the original 
amendment hav-ing been changed. 

The PRESIDING OFICER. The amendment will be stated. 

The Chief Clerk. On page TO, after line 24, insert the fol- 
lowing additional proviso: 

Prorided further. That the sum of ?10D,000, appropriated by act approved 
May 12. 1892. for the establlsjiment o! a militarv post at Helena. Mom., may 
be \ised for b?giniilng the construction of the necessary barracks, quarters 
hospitals, kitchens, mess halls, stables, storehouses, masaziues. defenses' 
and other necessary Improvemeats and buiidinss provided for in said act • 
Frovitlcl. That the cost of such improvemeats and buildings shall not exceed 
the sum of RSO.OOO. 

The amendment was agreed to. 

Mr. HAWLEY. I wish to renew one more small amendment, 
to which I think there will be no objection. I have been con- 
ferring with other Senators about it. On page 1)2, in line 3. I 
move to strike out ''three "' and insert "five," before the word 
"thousand." 

The Chief Clerk. On page 92. line 3, strike out the word 
" three " and insert the word ''five;" so as to read: 

For transportation of members of the home, ?5,(X)0. 

The amendment was agreed to. 

Mr. ALLISON. I ask unanimous consent that the clerks at 
the desk may change the totals so as to conform to the amend- 
ments agreed to just now and other amendments of like charac- 
ter. I think there are three or four of them. They will be 
easilj' recognized by the clerks. 

The PRESIDEXt ivo tempore. The Senator from Iowa asks 
that the clerks at the desk change the totals where necessary on 
account of the amendments of the bill. In the absence of objec- 
tion it will be agreed to. 

Mr. QUAY. I desire to oSTer in the Senate the amendment 
which was voted down as in Committee of the Whole yesterdaj- 
relating to the site of the Government Printing Office. The 
amendment was offered by the Senator from Missouri [Mr. Vest] 
vesterdav. 

ThePRESIDINGOFFICER(Mr.BERRYinthechair). Where 
does the Senator from Pennsylvania desire the amendment to be 
placed? 

Mr. QUAY. Let it come in between lines 9 and 10, on page 4. 

The PRESIDING OFFICER. The amendment will be read. 

The Chief Clerk. On page 4, after line 9, insert: 

That the Secretary of the Treasuiy be, and lie hereby Is, empowered and 
directed to employ the money appropriated in the "Act making appropria- 



-5 

. re- 
re 
.re 
r-h 

1.; 

•'B 

::J 

.sd 



re 
•h 
~-o 



tions for sundry civi: 

Jime30, l!*i)l, arid for 

section 2 of sail ?.'• ■ 

ingOm. 

houses ;_. 

No. 673 

feel, an . 

feet on ' 

thence t .- 

the saui" >-..>i aht': 

2ra> feet to L. street : 

that he pay over th' 

south half of squart- 

retary. of a deed coi- 

duly approved by iL 

Mr. MANDERSON. Mr. President, tl. 
tee of the Whole, when this amendment ■ 
almost approached, at least from the standpuiui uf 
from Iowa [Mr. Alliso.k]. a battle rnval ovor t>>- 
sites. Thechairmanof theCom:. ■ 
as stakeholder, tried to make tl: 
is, which is exceedingly so; bu: 
sides came out without'victory : 
far as I was concerned. 1 was "r<;'. 
and not further take the time of tUu Senate in what seemeU to 
me to bj a vain and idle dispute. 

Mr. QUAY. Will the Senator from Nebraska allow me to in- 
terrupt him? 
Mr. M.\NDERSON. Certainly. 

Mr. QU-W. I have not iatiWuced the amendment with ado- 
sign to provoke any light or any discission, but meri-ly to t«ko 
the yeas and nays upon it. I presume I have a ri'^ht to a vote 
upon the am3ndment. " 

Mr. M.VNDERSON. Undoubtedly the Senator has a rieht 
to offer the amen-iinent. 

Mr. QUAY. It has been fully '= . 1 as far as I am 

concerned I have no personal f« 'ter 

Mr. M.\NDERSON. Ofcoui.-<^ ... . .. ,..!. n ,...-. ^^ 

if the amendment shall be considered by i . ,« 

not follow, because the amendment is in' _q. 

tive on the part of the Senator, that diseu»iunupoa the question 
shall cease. 

However, I simply rose, Mr. Presid.'nt. to -s 

that actuate me at this time— the battle havir ,i 

lost by both sides— to make the point of orderon u.i' :.t 

that it is general legislation proposed upon an ap .:i 

bill. 

Mr. ALLISON. The Senator from Pennsylvania, 1 think, 
could not have been present last evenir>g at the eoniV;s'nn of 
the consideration of the bill asinCommitteeof the W n 

it was by unanimous consent agreed that no amendn d 

be offered to the bill in the Senate except those thatw. r.' looted 
at the moment. 

Mr. QU.\Y. I was present during the fi'^i.' •^■■--..•. . -^ had 
no such understanding and gave my cuns ,^ 

sition. but if that was the understanding. • nv 

the amendment. 
Mr. COCKRELL. That was the understanding, I think. 
Mr. .TONES of Arkansa-^. Distinctly so. 

Mr. QUAY. I undoist'od the biU'wes open to any a-ncnd- 
ment that might be offered. 
Mr. COCKRELL. Let the understanding be read. 
Mr. GOR.M.\N. Let the underslaading bo read a-'a:-.. 
Mr. M.\NDERSON. I have made the jwint of (v .., 

amendment, which must, as I understand the rules. •■1 

without debate. If the amendment is not in order thato.i,!.-. the 
controversy. 

Mr. QUAY. It is certainly in oi-der now if it was in order 
yesterday. 

Mr. MANDERSON. The point of order was not made -igainst 
it j-esterdav. 

Mr. H.VKRIS. While the point of order may di-p^' i' • ' thi.i 
particular matter, the suggestion made applies • 
other amendments that may be offered. Hn-. ■ 

chair at the time the uiianimous-con:- 

mj- distinct recollection is that the ^ i 

that notice should be given of a'"- " 

bill in the Senate before the ad. it 

only amendments of which noti. ■ <] 

to the bill to-day. 

Mr. QUAY. "If that was the case I will certainly withdraw 
the amendment. ' 

The PR -SIDING OFFICER. The amendment is withdrawn, 
the Chair understands. 
Mr. M.VNDERSON. 1 ask that the Retord 1 c i-cad. 
The PRESIDING OFFICEH. The Soctotary will rea<i a- re- 
quested. 

Mr. QUAY. I wish to say that I had no such understanding, 
though I will not qua-rol with the determination of the Senate. 



2006 



CONGRESSIONAL EEOOfiD— SENATE. 



Eebi^uaky 22, 



The Secretary again read from yesterday's proceedings, as 
follows: 

Mr Allison. I ask thai the amondmeats not reserved Vie concurred In 
now, and I asl! that then the bill may go over until to-morrow, allowing new 
amendiucnts to bo offered In the Senate, the amendment suggested by the 
Senator from Minnesota and others, where notice is given to-night, and that 
the debate upon those amendments shall be by unanimous consent under the 
flve-miuute rule, so that wo may to-morrow within a reasonable horn- flnaily 
dispose of the bill. 

>i< 4: « « « * * 

The PBESiDisG Officbb. Is there objection to the request ol the Senator 
from Iowa? 

******* 

The Phesiding Officer. The Chair will ask again. Is the request of the 
Senator from Iowa agreed to? Is there objection to it? The Chair hears 
none, and it is so ordered. 

The PRE.SIDING OFFICER. Does the Chair understand 
that the Senator from Pennsylvania withdraws the amendment':' 

Mr. QUAY. I call the attention of the Senator fi'om Iowa to 
the fact that there was no amendment made as in Committes of 
the Whole in this case, the amendment having been voted down. 
But I withdraw the amendment. 

The PRESIDING OFFICER. The amendment is withdrawn. 
The bill is in the Senate and still open to amendment. 

Mr. CAREY. I ask unanimous consent to offer an amendment 
to come in on page 71 of the bill. 

The PRESIDING OFFICER. The amendment will be stated. 

The Chief Clerk. On pag-e 71, after line 3, insert the fol- 
lowing: 

That the boundaries of the Yellowstone National Park, as now flxed by sec- 
tion a4ri of the Eevised Statutes, shall hereafter be as follows: Beginning at a 
point on the lorty-flith parallel of north latitudewherc saidparallel is inter- 
sected by the western Ix^imdar.v of the State of Wyoming; theu'.-e due east 
to the easterly or right bank of the Yellowstone Kiver; thence up said bank 
of said river at liisjii-wator mark to the mouih of Ihu- Kast Fork of Yellow- 
stone Kiver (sonu'timcs called Lamar Riven; thenee up the right or north- 
erly b:i-nk. at high-water mark, of the East Forit of Yellowstone Kiver ^some- 
tinies called Tjamar Kiver i to the intersection of said stream w-ith the parallel 
of 1! SO' north latitude; thence oast along said ])arallel to the meridian of 
110^ west longitude; thencedue south to the parallel of 41° -1.5' north latitudi'; 
thence duo east along said parallel to the meridian of 109° 4.')' west longitude; 
theuci! due soxith along said meridian to the forty-fourth p-irallcl o( north 
latitude; thence due west along s;iid parallel to the right or west bank of 
Snake River; thence north ;ilong said right bank to its intersection with 
Lewis River; thencedue west to the west bounckiry of the .State of Wyoming; 
theuee due north along s;iid boundary line of Wyoming to the place of begln- 
ing; and it shall be the duty of the Secretary of the Interior to cause an ac- 
curate survey to be madeof the boundary linesof saitl park asostablished by 
this act, and to cause the botmdaries to be plainly marked, said survey to be 
recorded in the OLflces of the surveyor-general and Commissioner of the 
Gcniral Land Office of the United States, as provided by law. 

Th:it all of thu Territory embraced within the limits of the park as Itereln 
described is hereby reserveil and withdrawn from s.-itlement, occupancy, 
or sale imder the laws of the United States, and dedicated and set apart ;is a 
public park for the benelit and enjoyment of the people of the United States. 
And all lands heretofore included In said park, not included in the park as 
herein detined, and all lands adjoining said park as herein defined which 
have been heretofore reserved are hereby returned to the iJUblic domain, to 
be disposed of under the land laws of the United States. 

Mr. JONES of Arkansas. This amendment must certainly in- 
volve considerable debate. It can not bj debated under the five- 
minute rule, and I make the point of order against it. 

The PRESIDING OFFICER. What is the ground of the point 
of order? 

Mr. JONES of Arkansas. That it is general legislation. 

The PRESIDING OFFICER. The point of order is sustained. 

Mr. CAREY. I should like before the Chair rules 

The PRESIDING OFFICER. The point of order is not de- 
batable. 

^ Mr. CAREY. I do not desire to appeal from the decision of 
the Chair, but I want simply to call the attention of the Chair 
to a fact in connection with this matter before the Chair makes 
his ruling, if the Chair will permit me. 

The PRESIDING OFFICER. The Chair will hear the Sen- 
ator from Wyoming 

Mr. CAREY. I wish to state with reference to the Yellow- 
stone Park that all the legislation that has ever been had in re- 
gard to it has taken place upon appropriation bUls. Tho.y are 
the only bills where there has been any original legislation upon 
this subject. I do not think the amendment is general legisla- 
tion under the rule. 

Mr. JONES of Arkansas. If the Senator will yield araoinont, 
I understand there was an agreement made last night among 
Senators as to this amendment, of which I knew nothing, that 
there was to be no point of order made on it. If such was the 
agreement, of course I withdraw the ijoint or order, as far as I am 
concerned: Imtl should like to inquire whether, under tha agrce- 
meiil made last night, the amendment is to be debated under the 
five-minute rule. 

Mr. HARRIS. All debate will be under the five-minute rule 
on tlie bill. 

Mr. CAREY. I do not think it will be necessary to debate it 
for more than five minutes. 

Mr. JONES of Arkansas. Of course the gentlemen who de- 
sii'o to pass the amendment think it needs no debate at all; but 



those of us who believe the measure is altogether wrong think 
it ought to be debated, and it can not be debated underthe five- 
minute rule. 

The PRESIDING OFFICER. Does the Senator from Arkan- 
sas withdraw his point of order? 

l\Ir. JONES of Arkansas. I withdraw it. 

IMr. VEST. I wish to state to the Senator from Arkansas 
that jiossiblj' he is mistaken as to the general agreement. I 
objected to the consideration of this amendment when it was 
oftered in the Senate recently by the Senator from Wyoming, 
and I think the Senator from Kansas [Mr. PefferJ objected at 
the same time, and insisted that he wanted to debate it. Then 
the chairman of the committee raised the point of order, because 
he said he would object to any amendment that would elicit dis- 
cussion. 

Last night my friend from Kentucky [Mr. Blackburn] asked 
mo to withdraw the point of order, and I agreed to do so for my- 
self, but of course I did no; undertake to bind any other Senator, 
and I do not want that understood. I am only one Senator, and 
I acted for myself. I told the Senator from Kentucky I would 
withdraw the point of order, and I intend to observe that agree- 
ment, not to raise the point of order myself. That is all of it. 

Mr. JONES of Arkansas. I was present in the Senate last 
night until time of its adjournment, and if I had understood that 
there was any agreement that a point of order should not be 
raised, and yet that we were to conduct whatever debate was to 
bo had under the five-minute rule, I would not have agreed to 
what was agi-eed to last night. But Senators here tell me that 
there was an agreement of that sort, and I am willing to abide 
by what was done, althougli it was a misapprehension on my 
part. The amendment can not be debated justly and fairly under 
the five-minute rule. 

Mr. BLACKBURN. As I have been alluded to in connection 
with the arrangement or agreement which was had, I desire for 
myself to say that the Senator from Arkansas is altogether at 
liberty to make his point of order, if he desires. I do not want 
to have him stand bound by anj' arrangement of the effect of 
which lie was not cognizant at the time. 

Mr. HAKHIS. The arrangement, I understand, was a pri- 
vate arrangement between two or more Senators. 

Mr. BLACKBURN. But it was supplemented, as I think the 
Record will show when the Record shall be printed, by tlie 
fact that after the arrangement had teen effected between the 
Senator from Missouri and myself I gave notice that this amend- 
ment would be offered to-day under the conditions already agreed 
upon as to other amendments. There was no objection made tj 
that. But I do' not want any Senator to be stripped of any 
rights Ol- privileges that he has; aud if the Senatorfrom Arkan- 
sas desires to make his jioint of order he is at perfect liberty to 
do it. I would not have him precluded from that right by rea- 
son of any arrangement or quasi arrangement that may have 
been had last night. 

Mr. HARRIS. The point of my suggestion was simply this: 
Thei'c was no unanimous consent agreement of the Senate in re- 
spect to this matter except the one asked by the Senator from 
Iowa. Hence no Senator is bound by a private understanding 
between two or more Senators. 

Mr. VEST. That is true; but at the same time it is true that 
the .Senator from Kentucky gave this notice, and it was the last 
tiling done at our session last night. He said he reserved the 
amendment and would press a vote upon it. 

Mr. JONES of Arkansas. I am perfectly aware that I have a 
riglit, if I clioose to do so, to make the point of order notwith- 
standing what was the understanding last night; but I am the 
last man to violate an agreement of this kind simply because I 
did not happen to understand what the scope of it was. I will 
not avail myself of the privilege of making the point of order. 
1 will abide by the understanding made last night, and I sin- 
c n-ely hope, inasmuch as this is an imijortant amendment to the 
bill and one that ought not t.) be put upon an appropriation bill, 
that it will not become a part of it. 

Mr. HAWLEY. So far as I understand this proposed amend- 
ment, I am entirely opposed to it. I never heard anything about 
points of order; I am involved in no obligation whatever, and I 
make the jwint of order against it. 

The PRESIDING OFFICER. The point of order is made that 
the amendment is general legislation. The Chair thinks it is 
clearly so, and comes within Ihe rule, and the point of order is 
sustained. 

Mr. CAREY. I desire to suggest to the Senator from Con- 
necticut that if he wishes to know about the point of order 

The PRESIDING OFFICER. The point of order is not de- 
batable. The bill is in the Senate, and still open to amendment. 

The amendments were ordered to be engrossed and the bill to 
be read a third time. 

The bill was read the third time, and passed. 



189^ 



COXGEESSIONAL RECORD— SENATE. 



2i)Sl 



free public schools thereof, and for other purposes, reported it 
with amendments, and submitted a report thereon. 

MONONGAHELA RIVER BRIDGE. 

Mr. QUAY. I am instructed by the Committee on Commerce, 
to whom was referred the bill (S. 3878) authorizing the construc- 
tion of a«briag-e over the Monongahela River at Glonwool, 
Twenty-third ward, city of Pittsburg. State of Pennsylvania, to 
report it with an amendment and to ask for its pi-esentconsidera- 
tion. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill. 

The amendment of the Committee on Commerce was, in sec- 
tion 3. line 21, to strike out '■ changes " and insert " change." 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amend- 
ment was concurred in. 

The bill was ordered to b3 engrossed for a third reading, read 
the third time, and passed. 

BILLS INTRODUCED. 

Mr. CHANDLER introduced a bill (S.. 3883) for the retirement 
of certain officers of the Navy: which was read twice by its title, 
and referred to the Committee on Naval Affairs. 

Mr. MITCHELL introduced a bill (S. 38S4) to amend an act 
entitled "An act to afford assistance and relief to Congress and 
the Executive Departments in the investigation of claims and 
demands against the Government," approved March .'i, 1883; 
■which was read twice by its title, and referred to the Committee 
on Claims. 

Mr. FRYE introduced a bill (S. 3885) to authorize the Secre- 
tary of the Treasury to fix and limit the compensation of collect- 
ors of customs and surveyors of customs, and forother purposes; 
which was read twice by its title, and, with the accompanying 
paper, referred to the Committee on Commerce. 

Mr. VEST introduced a bill (S. 3S80) to authorize the Mont- 
gomery Bridge Company to construct and maintain a bridge 
across the Alabama River near the city of Montgomery, Ala.; 
which was read twice by its title, and referred to the Committee 
on Commerce. 

ADMIRAL S. B. LUCE. 

Mr. SHERMAN. I introduce a joint resolution, and ask for 
its present consideration, if there be no objection. 

Mr. COCKRELL. Let it be read for information. 

The^ joint resolution (S. R. 158) authorizing Rear-Admiral 
S. B. Luce, retired, to accept a medal from the" Government of 
Spain, was read the first time by its title and the second time at 
length, as follows; 

Sesolvedliylhe Senatt and House of Sepresentatives of l/ie United States in Con- 
gress assembled. That Rear-Adtniral S. B. Luce, retireil, be. and he Is hpre!>y. 
anthorized to acceiJt from the Government of Spain the Grand Cross of Naval 
Merit, presented in appreciation of his services as Commissioner-General of 
the United States tor the Columbian Historical Exposition at Madrid. 

Mr. SHERMAN. As this is a compliment to a well-known 
naval officer, is in the line of precedents, is recommended by the 
Secretary of the Navy and also by the Secretary of State, and 
involves only a compliment to a distinguished officer. I hope the 
joint resolution will be put on its passage, although it is now 
rather late in the session to go through the ordinary form. 

The PRESIDENT protanporc. Is there objection to the pres- 
ent consideration of the joint resolution? 

There being no objection, the joint resolution was considered 
as in Committee of the Whole. 

The joint resolution was reported to the Senate without amend- 
ment, ordered to a third reading, read the third time, and passed. 

AMENDMENTS TO APPROPRIATION BILLS. 

Mr. COCKRELL. In connection with an amendment offered 
by the senior Senator from Kentucky [Mr. Blacicburn] to House 
bill 10258 making api^ropriations to supply deficiences in the 
appropriations for the fiscal year ending .June 30, 1893, and prior 
years,' and for other purposes, I desire to offer the following to 
be inserted at the close of that amendment: 

To Mrs. Belle Osborne, of Alexandria, La., assignee of John Osborne, 

I hope the Senator from Kentucky will accept the amendment 
and let it be referred as a part of his amendment to the Com- 
mittee on Claims. 

Mr. BLACKBURN. With great pleasure, Mr. President. 

The PRESIDENT pro (cmjwrc. It issoordered in theabsence 
of objection. 

Mr. PADDOCK submitted two amendments intended to be 
proposed by him to the deficiency ajjpropriation bill; which were 
referred to the Committee on Claims. 

Mr, CALL submitted an amendment intended to be proposed 
by him to the deficiency appropriation bill; which was referred 
to the Committee on Commerce, and ordered to be printed. 



INDLAN DEPREDATION CLAIMS. 

Mr. PERKINS. I submit a resolution, and I should like to 

have It considered at this time. 
The resolution was read, as follows: 

Ji-so'r--:. 'I'liii 11.. -,;• ■,--... ■_,_..,....- . I 

Sci-. 
der: 

claUiL*. ' ' u.>,.c ,.. ,u- iMyi..:!i..i bMco 

The Senate, by unanimous conseat, proceeded to cjnuW • 

resolution. 

Mr. HARRIS. I sufr^est to the Senator r.Trri-. > (i .■ 
tion a modification. Instead of th- ~ y 

think the resolution had batter read "ii ■ 
or some sucli phrasoolo;.'y sli ' •■ i. 

Mr. PERKINS. I have i. u to the amondmonl 8uc- 

gested by the S;.'nator from m ■ -.;■: :■• uain" Ihut 

expression is tiecaiiss of tlir " 

Mr. HARRIS. I think I ■ :,, il.,, s..n. 

ator's place, and put in the . 

Mr. PEKKINS. I have i. 

The PRE6IDENTpro(o»Hi)o,-. . ihc moJiUcation will U.'»iuU.-U. 

The Chief Clerk. So as to road: 

That iho .Mioruoy-GonoralbodlrccioUtorepori,Bililaoarllo3iooavculcnci! 
to ihc Senate a list, etc. ' 

The PRESIDENT pro tempore. The question ia on agreeing 
to the resoiution as modifif d. 

Mr. CH.VNDLER. I imdorstan ' «'>■■ >^....-.'. ... -ft Iho 

judgments which have been ren ), hau 

been commimicated to the other i 

Mr. PERKINS. That is all, and a cojiy uf iho recent curru- 
spondeuco with the Secretary of tho Interior conccrniij(» tho 
propriety of paying these claims from fund.s hrlon^jiiig to tlio In- 
dians, so that the committee and tho Senate may have tho in- 
formation. 

Mr. CHANDLER. There can not be any objection to tho res- 
olution. 

The resolution was agreed to. 

INVESTIGATION BY COMMITTEE ON FINANCE. 

Mr. Mcpherson. I submit a resolution, and I should like 

to have a vote on it. 
The resolution was read, as follows: 

7>Vso/i!.'(/. TheCominittopon r:-. i 

and directed, by subcominittee < . ; 
ble way. and to rt*port from tin, 
third Confess, the effect of the tar;;: 
the f^rowth. development, production. : 
factmvd .articles at home ani aliron'i 
eien: and for this i>urpose they : 
otherwise dtirins the recess au'.l 

l")laces as they may deem advisal- , 

clerical and other a.sslstance as ni:n m n-''' s..;;-. ; i a.- ....;, ..usi- ..■ ..i;,.ji n;. 
vesllgaticu to be paid from the conilngcnl fimd of tho .Souato. 

Mr. FRYE. Let that go over. 

Mr. COCKRELL. Let it go over a 

The PRESI DENT 2'ro kmpore. Ti^ 
and be printed. 

Mr. SHERMAN subsequently spid: T npk tlio onnsont n' tho 
Senate to refer the resolution s; , 

New .Jersey [Mr. McPiiER.sON] t 

Mr. McPHERSOX. I have no ..;. 

The PRESIDENT pro /('Wi/ioic. T). 
the Seuatjr from New Jers3y will be 
on Finance, if there bi no objection. 

BACK CREEK IM" ■ 
Mr. HIGGINS submitted the f 
referred to tho Committee on i, ......... .,. 

printed: 

Ecsolved by '>■'• -■■.''■ ' '* "■■'■•■ '■>" ''• ■■• >• '■•'■"■■ .•....•...•...■ t> ... ... 

Secretary of 'W 
earliest pracii 

the "lia-lt Cr. .. , 

" 3r-ro'U '■ chamioi couii -ctniy tiie harijor oi . 
B.av. with special ref.-'reu'o: 

First. '1'.) Ihi- .■■'-! .,■ 1' ......vi..- .!.. r,,ii,,.,, 

largemont l>.v ! ; 

Second. Witi: 

by IheGovernnii : . ... - : 

for promotlni; our commerce, ioreigu .iit.i doinei»tii,, auu lucreaAiii^ ihe «ai- 
ciency of our Navy. 

MESS.A.GE FROM THE HOUSE. 

A message from the Hoiis.? of R<>n''."'"ntativoo. hy Mr. T. O. 
TOWLES, its Chief Clerk. ;; 
greed to the amendments o 
making a])proi)i-iations .''oi- • 

for the fiscal year ending .lu ; 

the Senate on the disagreeiiv ■ '• 



.ed. 

"D will go over 



•ion: which wna 
d ordered to be 



2088 



CONGRESSIONAL RECORD— SENATE. 



Februaey 24, 



and had appointed Mr. Wheeler of Alabama, Mr. Newberry, 
and Mr. Bowers managers at the conferenca on the part of the 
IIousu. 

WILLIAM M'GARRx\HAN. 

Mr. TELLER. I wish to give notice that to-morrow morning, 
after the routine business, I shall call up Senate bill 3741, known 
as the McGarrahan bill. 

Mr. FAULKNER. If the Senator from Colorado will permit 
me, I will state that I think the Norfolk and Western Railroad 
bill comes ahead of the McGarrahan bill. 

Mr. TELLER. I will state that I shall call up the McGarra- 
han bill as soon as the Norfolk and Western Railroad bill is dis- 
poied of. I do not want to interfere with that measure. I did 
not know that it was proposed to call it up to-morrow morning. 

DIPLOMATIC AND CONSULAR APPROPRIATION BILL. 

Mr. VEST. Mr. President, I desire to withdraw the motion, 
which I entered yesterday, to reconsider the vote by which the 
Senate pa.ssed tlie diplomatic and consular appropriation bill. 

The PRESIDENT pro tempore. The motion to reconsider is 
witlidrawn, and the bill stands passed. 

MILITARY ACADEMY APPROPRIATION BILL. 

Mr. CULLOM. I asli that the action of the House of Repre- 
sentatives on the Military Academy appropriation bill may be 
laid before the Senate that I make a motion in reference to it. . 

The PRESIDENT pro tanpore laid before the Senate the ac- 
tion of the House of Representatives, disagreeing to the amend- 
ments of the Senate to the bill (H. R. 102'J!)) making appropri- 
ations for the support of the Military Academy for the fiscal 
year ending June oO, 1S94, and asking for a conference with the 
Senate on the disagreeing votes of the two Houses thereon. 

Mr. CULLOM. I move that the Senate insistupon its amend- 
ments, and agree to the conference asked by tiie House of Rep- 
resentatives. 

The motion was rfgreed to. 

By unanimous consent, the President pro tempore wa.5 author- 
ized to appoint the conferees on the part of the Senate, and Mr. 
CuLLOM, Mr. Stewart, and Mr. Call were appointed. 

CALUMET RIVER BRIDGE. 

Mr. PALMER. I ask leave to call up for present considera- 
tion Senate bill ."JS?.! . 

The PRESIDENT pro tempore. The Chair will first ask 
whether there is further morning business? 

Mr. DAWES. I rose to move that the Senate proceed to the 
consideration of the legislative, executive, and judicial appro- 
priation bill. 

Mr. CULLOM. I hope the Senator from Massachusetts will 
allow my colleague to call up a bridge bill. It will not take any 
time. 

Mr. DAWES. If it does not cause any debate I shall not ob- 
ject. 

The PRESIDENT protemporc. The Senator from Illinois asks 
unanimous consent to proceed to the consideration of the bill (S. 
oS71) to autliorize the construction of a bridge across the Calu- 
met River. 

There being no objection, the Senat?, as in Committee of the 
Whole, proceeded to consider the bill. 

The bill was reported from the Committee on Commerce with 
an amendment, in section 4, line .5, to strike out " projected " and 
insert "protected." 

Several Senators addressed the Chair. 

Mr. DAWES. I will yield until 12 o'clock for business that 
does not cause debate. 

Mr. HANSBROUGU. I ask the Senator from Massachusetts 
to yield that I may call u]) a bill. 

ilv. DAWES. 1 yield the floor entirely until 12 o'clock. 

The PRESIDENT pro tempore. The consideration of the bill 
before the Senate will first be closed. The question is on agree- 
ing to the amendment of the Committee on Commerce. 

The amendment was agreed to. 

The bill wasreported to theSenate as amended, and theamend- 
nient was concurred in. 

The bill V7as ordered to be engrossed for a third reading, read 
the third time, and passed. 

STOCKBRIDGE AND MUNSEE INDIANS. 

Mr. JONES of Arkansas. I ask the Senate to proceed to the 
consid; ■ration of the bill iH. R. 3594) for the relief of the Stock- 
bridge and Munsee tribe of Indians, in the State of Wisconsin. 

The PRESIDENT pro tempore. Is there objection to the pres- 
ent consideration of the bill'? 

Mr. S/VWYER. I am not going to object. I do not think the 
bill ought to pass, but still I am not going to make any opposi- 



tion except to vote against it. So far as its consideration is con- 
cerned, I shall not object. 

By unanimous consent, the Senate, as in Committee of the - 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and paapod. 

The preamble was agreed to. 

PORT OF BONNERS FERRY, IDAHO. 

Mr. DUBOIS. I ask the Senate to proceed to the considera- 
tion of the bill (S. 3B14) to establish a port of delivery at Bon- 
ners Ferry, Idaho. 

By unanimous consent, the Senate, as in Committe.) of the 
Whole, proceeded to consider the bill. 

The bill v.'as reported to the Senate without amendment, or- 
dered to be engrossed for a third reading, read the third time, 
and passed, v 

MESSAGE FROM THE HOUSE. 

A message from the House of Repressntatives, by Mr. T. O. 
Tow'les, its Chief Clerk, announced that the House had passed 
the bill (S. .'!87(;) authorizing the St. Louis and Madison Transfer 
Company to construct a bridge over the Mississippi River. 

The message also announced that the House insisted upon its 
amendment to the bill (S. 3317) extending thj time for the con- 
struction of the Big Horn Southern Railroad through the Crow 
Indian Itasai vation, agreed to the conference asked by lli-j Sen- 
ate on the disagreeing votsij of the two Houses thereon, :.nd had 
appointed Mr. Phel, Mr. Turpin, and Mr. Wilson of Wash- 
ington managers at the conference on the part of the House. 

ENROLLED BILLS SIGNED. 

The message further announced that the Spsakerof the House 
had signed the following enrolled bills and joint resolution: and 
they were thereupon signed by the President j)?-o iempoi e: 

A hill (S. l.'j.'iS) for the relief of the heir of James S. Ham; 

A bill (S. lu.'W) for the relief of the heirs of John W. Vose; 

A bill (S. 3725) authorizing the construction of a free bridge 
across the Arkansas River, connecting Little Rock and Argenta; 

A bill (H. R.S450) to remove the charge of desertion from the 
record of Charles G. Pyer; 

A tjiU (H. R. 9069) for the further continuance of the i)ublica- 
tion of the supplement to the Revised Statutes of the United 
States; 

A bill (H. R. 9862) for the relief of George W. Jones: and 

A joint resolution (S. R. 1.57) authorizing the Secretary of War 
to receive for instruction, at the Military A'.adomy at Wesi. Point, 
Alberto Guirola, of Salvador. 

LIQUOR TRAFFIC IN THE DISTRICT OF COLUMBIA. 

Mr. HANSBROUGH. I desire at this time to call uj) the bill 
(H. R. 10266) regulating the sale of intoxicating liquors in the 
Di.^trict of Columbia. 

The PRESIDENT pro tempore. Is there objection to the pres- 
ent consideration of the bill? 

Mr. GALLINGER. I shall reserve the right to object after 
the bill has bson read. I have not examined the bUl. 

The PRESIDENT pro tempore. The bill will be read, as in 
Committee of the Whole, if there be no objection. 

Mr. TURPIE. I object to the present considoratio:i of the bill. 

The PRESIDENT pro tempore. The S mator from Indiana ob- 
jects to the consideration of the bill. 

Mr. HANSBROUGH. I move that the Senate proofed to the 
consideration of the bill at this time. 

The PRESIDENT pro temi)orc. The Senator from Noi'th Da- 
kota moves that the Senate proceed to the consideration of the 
bill (H.R. 10260) regulating the sale of intoxicating liquo.-s in 
the District of Columbia. 

Mr. GALLINGER. On that I ask for the yeas and nays. 

The yeas and nay were ordered; and the Secretary proceeded 
to call the roll. 

Mr. CULLOM (when his name was called). I am paired with 
the Senator from Delaware [Mr. GrayJ. I do not sea him pres- 
ent and withhold my vote. 

Mr. FAULKNER (when his name was called). I am paired 
with the Senator from Rhode Island [Mr. Aldrich]. 

Mr. QUAY (when his name was called). I have a gene, al pair 
with the Senator from Alabama [Mr. Morgan] covering the en- 
tire term of his abs.mce in Europe. 

Th" I'oll call was concluded. 

Mr. DIXON. I have a general pair vvith the Senator from 
Mississippi [Mr. Walth allJ. In his absence I withhold my vote. 

The result was announced— yeas 42, nays 9; as follows: 

yeas— 42. 

Hausbrougli, 
Harris. 
Hawley, 
Hiscoclt, 



Bate, 


Cockrell, 


Frve, 




Davis, 


George, 


Butler, 


Dawes, 


Gorman, 


Chandler, 


Felton, 


Hale, 



1893. 



CONGRESSIONAL RECORD— SENATE. 



Hunton, 




Paddock, 


Push, 


Vance. 


Jones, Ark. 




Palmer, 


Ransom, 


Vest, 


Kyle. 




Pasco, 


Sa^vyer, 


Vilas. 


McMillan, 




Perkins, 


Sherman, 


"Washburn 


McPherson 


■ 


Piatt, 


Shoup, 


Wolcott^ 


Manderson, 


■i) 


Power, 


Stockbridge, 




Morrill, 


-a 


Proctor, 


Teller, 
NAYS-9. 




Berry. 


o 


Dubois, 


Lindsay, 


Turpie. 


Blackburn, 


OD 


Gallinger, 


Pefler, 


Voorhees. 


Call, 


i/> 












NOT VOTING— 37. 




Aldrich, 


o 

a> 


Colquitt, 


Hill, 


Squire, 


Allen, 


CuUom, 


Hoar, 


Stanford, 


Allison, 


Daniel, 


Irby, 


Stov.-art, 


Blotlgett, 


IS" 


Dixon, 


Jones, Nev. 


Walthall, 


Caffery, 


3 


Dolph, 


Mills. 


Warren, 


Camden, 


C/3 


Faulkner, 


Mitchell, 


White, 


Cameron, 


o 
U- 


Gibson, 


Morgan, 


WUson. 


Carey. 


Gordon, 


Pettigrcw, 




Casey, 


Gray. 


Quay. 




Coke, 


Higgins, 


Sanders, 





•2089 



So the motion was agreed to; and the Senate, as in Committee 
of the Whole, proceeded to consider the bill (H. R. 102G()) regulat- 
ing the saleo; intoxicating liquors in the District of Columbia; 
■which was read. 

Mr. HANSBROUGH. I offer an amendment to strike out 
from line 15 down to and including the word " meridian," in line 
18, and insert what I send to the desk. 

The PRESIDENTpro tempore. The amendment will be stated. 

The Chief Clerk. In section G, lino 15, after the words '^And 
2}rovidcd further," it is proposed to strike out: 

That any duly incorporated club having a license under this act may sell 
intoxicating liquor to Us members at any time till the hour of 1 o'clock a. m. 

And insert: 

That the said excise board may, In its discretion. Issue a license to any 
duly incorporated club on the petition of the olBcers of the club, .and that 
the said excise board may, in its discretion, grant a permit to such club to 
sell intoxicating liquors to members aud guests between such hours as the 
board aforesaid may designate in said permit. 

Mr. GALLINGER. Mr. President, I presume that I shall bo 
in the minority on this bill, but nevertheless I feel it a duty that 
I owe to myself to put on record my unalterable oppo.?ition to 
any legislation which is in the interest of the saloon business, 
and in opposition to the interests of the American home. 1 be- 
lieve, as the people of my State believe — and I am prepared to 
hear sneering references to the fact that in prohibition States 
the sale of intoxicating liquor is not altogether suppressed — that 
the liquor business is a vicious business; that it should be placed 
under the ban of the law, and that no legislative sanction should 
be given to a traffic which destroys our homos, which ruins our 
boys, and which brings misery and x^auperism and wretchedness 
to the people of the country. 

But, Mr. President, even 'if I did not, on the broad ground of 
licensing what I believe to be an immoral traffic, oppose this bill, 
there are provisions in it which, to my mind, are so utterly 
vicious that I can not remain silent without asking at least that 
the bill shall be amended. I shall ask for amendments to the 
bUl in several particulars, reserving the right, even if those 
amendments shall be adopted, to vote against it when the ques- 
tion comes on its final passage. 

I have not had time to examine the bill carefully, because I 
was absent from the city when it was considered in committee 
and when a report was ordered upon it, but I find one provision 
in the bill which says " that any established hotel or tavern 
having twenty chambers for lodging guests shall always have 
the right to obtain for itself a license to sell liquors.'' 

Mr. President, I need not say to a body of such intelligence as 
the Senate, that if a bill such as this passes the Congress of the 
United States and becomes a law, then every disorderly house 
in the city of Washington will be a hotel in accordance with the 
terms of the bill, to which I have just called attention. I shall 
move an amendment at the proper time increasing the number 
of chambers to at least one hundred, so that wo may protoctour- 
selves, if this legislation is to be enacted into law. against per- 
mitting the bawdy and disorderly houses of the city of Wash- 
ington to receive licenses from the Government of the United 
States, and have the »gis of the law thrown around their nefari- 
ous business. 

I find another feature in this bill which I think is utterly ob- 
noxious. It is that after liquor dealers have received licenses, 
they shall not bo required to secure the consent of the property- 
ownei-s, which has always been required as I understand in the 
license laws in this District, for continuing their business; but 
that the burden shall bs placed upon the property-owners byre- 
quiring them to file a protest against the continuance of a license. 
I shall move to amend the bill in that particular. 

I find— and I presume that the same provision has been made 
in former laws— that the men who are engaged in this nefarious 
traffio are permitted by this proposed statute to keep these places 



' >en 
:;ty- 

i to 
1 ioh 

(>!<»pV« in our 



open until 12 o'clock midnii,'ht and a: 
them at 4 o'clock in the morning, twent , 
four to debauch our boys and to d'> "v - 
leaving only four hours in which 
,closo their places of business, wh- 
docs harm and evil cjntinually. a:: 

Wo are very tender (and proiwr 
Departments; wo are careful > • 
hours a day; wo stand by the 
is enough for them, but'by lo-. ...;.., 
permit tho.so same men to sjKind tweir 
choose, in spending their earnin-fs. whi. 
and children, in the rum shops of Washiugiou. i 
amend the bill in that jiarticular. 

I may 1)0 misinformed on til' 
It may lo that this is not th. 

ington had the audacity to ])i. 

in the other House. I do not know how 

been in the District of Coh.imbia, b it I 

self-respecting State Logislaturo in thi- 

mit the rumsellors to appear i y Vamini 

tion in the interest ol their \i : " 

to say that it will bo a disgr;' 

States if they enact into law i;.. 

are engagcd'iu this traffic, and ar 

this District and selling rum in o]), 

are on the statute book at the prosoi.i, tiunj. 

As I said in the beginning, Mr. l^rosid.>nt— and I d-' r<: rnro 
to detain the Senate, Ixjcause I ajipreci;!' 
ncss of the session is very urgent— it i-. 
be in the minority when the qui'stion (•■ 
this bill, but while 1 respect tlio opinio 
on this lloor, I shall always feel it a i)ri 
cord my vote against any "measure which 1 ■ 
around a traffic, vicious in it-:ol(. dangerous i. 
in itself, the shield of protection which lui a*;!, ol CouKivtrt 
alTords. 

That is all I caro to say. I shall in tv ' 

sideration of this bill submit the ameiii 
gested, and perhaps others, and when 
shall reserve to myself the right to vol- 
will, what in my conscience and in my jii 
I think is for the best interests of thi' 
and in the direction of the morals and ]<> 
people. 

Mr. PEFFER. I desire to offer an araondmont to th.' bill, l( 
I am in order. 

The PRESIDENT j)ro tempore. la it an amcndraent ;o the 
pending amendment offered by the Sonatoi' fro:n Norl!' D.dtoU 
[Mr. Hansbrougii]. 

Mr. PEFFER. It is not. 

ThoI'RESIDENTprofcmj/oiT. Then it is not now 
The question is on the amendmentsubmiltod by the S«mi 
North Dakota. 

Mr. COCKRELL and Mr. MILLS. I^t tho omondmont be 
again stated. 

The PRESIDENT pro Umiporu. Thoamondment will b.^ ajraln 
stilted. 

The Chief Clerk read the amendment. 

Mr. CHANDLER. I should like to ask the Senator from 
North Dakota why a licons,' to a club can n ' ' ■ ' ' ' •' 
name of tho person making the sale, the sa:' 
are now issued? When a liquor license is i . : .. 
tion there is no responsibility under that license, ana I mink 1 
never before heard of tho issuance of a li'i'i^r l!''-n'!o ro n ror- 
poration. It may be that such licenses a 
to mo the fundamental principle of a ! : 
shall bo granted to an individual, and t 
bility should foUiw the granting of the 

of the obligation thereby imiosed upon '. , . . . . . ., 

it. 

Mr. HANSBROUGH. In general I will reply to thr- ^'-natir 
from New Hampshire by saying that it is the > 
niittee on the District of Columbia that this i 
is the best legislation which can be had on tiii:- •.. 
time. For that reason they have concluded to r 
and instructed me to press it here. 

Mr. CHANDLER. Are these clubs ' 
licenses to sell liquor will be gr.inted to 
District? 

Mr. HANSBROUGH. The only <•«=<?». 

Mr. CHANDLER. Do I i- 
we can not get a license bill 1 
low licenses to be issued tocliii'.- m 

Mr. n.VNSBROUGH. I say at ' 
the session, I do not think it is po^^ 



■ 11- 
ill, 

.ich 

•ho 



in 
ro. 



2090 



CONGRESSIONAL RECOED— SENATE. 



February 24, 



Mr. CHANDLER. I understand the Senator's proposition 
witli reference to tlie bill, but I am now speaking- about tlie 
amendment. Does the Senator mean to say that this bill can 
not pass at tliis session unless wo amend it by providing tliai the 
clubs of the city shall have their licenses in their corporate 
names? 

Mi-. HANSBROUGH. No, I do not mean to say that, but I 
mean to say that the Committee on the District of Columbia 
hav.' considered this question and have concluded that it was 
proper that the amendment which I have submitted sho^ild Ije 
offered. 

The PRESIDENT pro tempore. The question is on the amend- 
ment submitted by the Senator from North Dalcota. 

Mr. PL ATT. 1 call for a division. 

Mr. WOLOOTT. Before a division is had, I wish to say a 
word of explanation in answer to the Senator from New Hamp- 
shire [Mr. Chandler], if it is in order. 

The PRESIDENT ^»o tempore. The Senator is in order. 

I\Ir. WOLOOTT. I should like to say that there are in the 
District of Columbia some six or seven incorporated clubs duly 
organized, acting under charter. They include the Metropoli- 
tan Club, the Cosmos Club, the Press Club, the Columbia Ath- 
letic Club, the University Club, and the Army and Navy Club. 

Under the provisions of this bill it will be necessary for some 
individual to take out a license, treating the club as if it were a 
bari-oom. Some of these clubs have sleeping rooms, but most 
of them have not. Therefore, if any application for a license 
should be made it must necessarily be made in the name of the 
incorporated body, and in a manner not provided for in the bill, 
unless by the portion of tlic bill which is to bo stricken out and 
the amendment of the Senator from North Dakota substituted, 
if it shall be adopted. 

The officer of the club who applies for a license and in whose 
name it would issue would bo undoubtedly criminally responsible 
in the District if its provisions should be violated; but if that 
were not so, the license issued to a club could be i-evoked by the 
board of excise. 

The majority of the members of the Press Club of Washington, 
a dulv incorporated and reputable body, do not finish their work 
until"! or 2 o'clock in the morning, wlien their dispatches go 
over the wires and their business for the day is done. The club 
is their home, as arc the other clubs the homes of many of their 
members. They know no other home. The club throws aroumi 
its members the safeguards of a home, and the right of intrusion 
should be no more in a club than into the home of any citizen of 
this District. This matter is left wholly with the board of ex- 
cise. If the club shall be disreputable; if, in the opinion of the 
board, the morals of the District will bo impaired by the grant- 
ing of a license, it will not be issued. 

The effect of the amendment is that simply upon application 
of the proper officer of a duly authorized club, incorporated 
under the laws of the District, the board of excise may issue to 
that body a permit, covering such hours as the Iward of excise 
may see fit. 

The board of excise is composed of the Commissioners of the 
District. I think wo can afford to trust their judgment in this 
matter, with the assurance that the morals of the District will 
be maintained, and that their power will not be abused. 

jNIr. CHANDLER. The difficulty with the Senator's argu- 
ment is that it does not show how the penalties of this proposed 
statute are to be enfoi-cod as against an incorporated company. 
The Senator's argument is that clubs should be licensed. Of 
course, if the policy of Congress is to have license laws in the Dis- 
trict, and hote'-s and barrooms are to be licensed, then the clubs 
should be licensed: but why should the clubs be licensed in the 
name of the cori^oratiou, while every hotel corporation, if there 
be one, has to take out a license iu the name of some individual"? 

Mr. WOLOOTT. No corporation can take out a license under 
the provisions of this bill. 

Mr. CHANDLER. I understand; but why should a hotel cor- 
portion not be allowed to take out a license in tlie name of that 
corporation, as much us a club corporation should be allowed to 
take out a license in the name of a club? The reason, I suppose, 
is that it is the policy of all license laws to grant licenses only to 
individuals. Now, if these clubs are to be licensed in their cor- 
porate names, how shall section 13 apply, I ask the Senator? 
That section reads: 

Sec. 13, Tliat any per.son. having otjtained a license under this act, who 
shall violate any of its provisions, shall upon conviction of such violation 
be lined not less than Kv) nor more than f200, and upon every subsequent con- 
viction of such violation diu-inc;- the year lor which such license is issued 
shall be fined a like amount, and in addition to such shall pay a sum equal 
to " J per cent of the amount of the line imposed for the oflense immediately 
preceding, and have his license revoked, and in case ot nonpayment of the 
lines .and penalties above named shall be imprisoned In the jail of the Dis- 
trict or workhouse for a i^eriod of time not exceeding six months, or till the 
same are p.ald. 

How will that provision be enforced as against the club? 



Mr. WOLOOTT. May I answer the Senator for a moment? 

Mr. CHANDLER. Certainly. 

Mr. WOLCOTT. The theory of the bill is that people apply- 
ing for license to keep bar-rooms or hotels must act in their in- 
dividual capacity, and that the law will ])unish them for a viola- 
tion of the ordinance by a revocation of their license and by line 
and upon a subsequent offense by imprisonment. The incor- 
ijorated clubs of the District by the pending bill are placed upon 
an entirely different footing, and they are placed upon a different 
footing foi' the very excellent reason that bar-rooms and hotels 
sell liquor for profit and to make money, whereas the incorpo- 
rated clubs of the District furnish to members, who themselves 
contribute the expense, the liquors at their cost. The theory of 
the bill is that the revocation of the license would be a sufficient 
punishment. 

Mr. CHANDLER. The bill provides that evei-y place where 
intoxicating liquors are said to be drank on the premises shall 
for the purposes of this act be regarded and considered a bar- 
room. 

Mr. WOLCOTT. But look at the provision in section 6 and 
the amendment pending. 

Mr. CHANDLER. I do not wish" to prolong the argument. It 
does not seem to me that we should make one rule for hot^jls and 
another rule'f or clubs; that we should require individual responsi- 
bility in every case of a hotel corporation and allow a club to es- 
cape from individual responsibility and its olHcers to escape from 
individual punishment simply because it is an incorporated club. 

Mr. PLATT. I confess that I am somewhat doubtful as to 
what the real purpose of the amendment is. I find on page G 
that the language to be stricken out reads this way: 

And iirovided further. That any dnly incorporated club having a license 
under this act may sell intoxicating liquor to Its members at any time till 
the hoiur of 1 o'clock antemeridian. 

Now, will the Socretai-y read the proposed substitute? 

The Chief Clerk read as follows: 

That the said excise board may, in its discretion, issue a license to any duly 
incorporated club on the petition of tlie ollU-ers ot tlittclub, and that the said 
excise board may in its discretion grant a permit to such club to sell intoxi- 
cating liquors to members and guests between such hours as the board 
aforesaid may designate in said permit. 

Mr. PLATT. It would seem as if the object of that was to 
put in a specific provision allowing a license to be issued to au 
incorporated club. But that is already in the bill. There would 
bo no difficulty about an incorporated club getting a license un- 
der the bill as it stands now. The proviso that any duly incorpo- 
rated club having a license may sell so and so is upon the theory 
that the incorporated club may be licensed. Now it is suggested 
that incorporated clubs ought to have the power to sell liquor 
under the license until after 1 o'clock, but it is not suggested 
that the language of the amendment is so carefully framed as 
that it will allow liquor to bo sold in incoi'porated clubs on Sun- 
days. I can not vote for it. 

Mr. FELTON. I simply desire to observe that in the sense 
the word "sale" is used, intoxicating liquors are not sold in the 
clubs any more than meals are sold in a club. Liquor that is 
sold in a club is the property of and telongs to the club. It i.s 
paid for by the club in quantity, and it is simply an arrange- 
ment by which a division can be made in the club, each one tear- 
ing his special portion. It is very rare that there are many- 
guests in a club. I understand the rule of most clubs is tiiat 
each member may have the privilege of inviting one gentleman, 
and only one. The clubs are essentially, so far as the sale of 
liquor is concerned, on a par with a gentleman furnishing liquor 
in his own house. They contaminate nobodj'. No one knows 
anything about it any more than he knows about the liquor that 
is drunk in a private house. 

The PRESITDENT pro tempore. The question is on the amend- 
ment of the Senator from North Dakota [Mr. HansbroughJ. 

Mr. PEFFER. I ask that the vote may be taken by yeas and 
nays. 

The yeas and nays were ordered. 

Mr. GORMAN. Let the amendment be road again. 

The PRESIDENT pro tempore. The amendment will he again 
read. 

The Chief Clerk. On page 6, line 1.5, strike out all down to 
and including the word "meridian,'' in line 18, and insert in lieu 
thereof the following: 

That the said excise board may in its discretion issue a license to any dulj- 
incorporated club on the petition of tlieolHcersof the club, and that thosald 
excise board may in its discretio-a grant a permit to such cUib to sell into.xi- 
eating liquors to members and guests between such hom-s as the board 
aforesaid'may designate in said permit. 

The PRESIDENT pro tempore. The roll will bo called on 
agreeing to the amendment of the Senator from North Dakota. 

The Secretary proceeded to call the roll. 

Mr. FAULKNER (when Mr. Camden's name was called). 
My colleague [Mr. Camden] is necessarily absent from the Sen- 



1893. 



COKGRESSIOXAL EECOiU>-t>EXATE. 



•2091 



ate, and is paired with the Senator from South Dakota TMr Pet- 

TIGKEW]. ■■ 

Mr. CULLOM (when his name was called). I am paired with. 
the Senator from Delaware [Mr. GrayI. He is aot pres-nt. 
and I withhold my vote. r > 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. Dolph]. 

Mr. STOCKBRIDGE (whenhisnamewascalled). lampaired 
with the Senator from Maryland [Mr. Gibson]. 

Mr. WILSON (when his name was called). \ am paired with 
the Senator from Georgia [Mr. Colquitt], but I understand if 
he v.-ere present ho would vote "nay," and I wUl therefore vote. 
I vote "nay." 

The I'oll call was concluded. 

Mr. QUAY. I am paired with the Senator from Alabama [Mr. 
Mokgan]. 

Mr. DIXON. I am paired with the Senator from Mississippi 
[Mr. Walthall]. In his absence I withhold my vote. 

The result was announced — yeas -17, nays 9; as follows: 
YEAS—ir. 



Bate. 




Faulkner, 


Kyle, 


SIioup. 


Bei-iy, 


X 


Feltou, 


McMillan, 


Siiuire, 


Blackburn 


<a 


Gorman, 


McPherson, 


Turpie, 


Brice, 


TS 


Hansbrough, 


Mamlerson, 


Va.'u;e, 


Butler, 


c 


Harris, 


Mitchell, 


Vest, 


Call. 




Hawley, 


Paddock, 


Vilas, 


Carey, 




Hi.sgins, 


Palmer, 


Voorhees, 


Cockroll, 


Hill, 


Paaco, 


Warren. 


Coke. 


CO 


Hlscock, 


Power, 


Waanburn, 


Daulel, 




Hun ton. 


Puirh, 


White. 


DaTis. 


4w 


iTby, 


Ransom, 


Woleott. 


Dubois, 


O 

=3 
CO 


Jones, Ark. 


Sawj-er, 








NAyS--9. 




Cliandler, 


Morrill, 


Plait. 


Teller, 


K'T,*?' 


Pefler, 


Sherman, 


Wilson. 


Gallmger, 












l2 


NOT VOTING— 32. 




Aiarich, 


Colquitt, 


Gray, 


Pettigrew, 


Allen. 


Cullom, 


Hale, 


Proctor, 


Allison, 




Dawes. 


Hoar. 


Quay, 


Bloaiielt, 




Dixou, 


Jones. Nov. 


Sanders. 


Cattery, 




Dolph, 


Lindsay, 


Stanford, 


Camt-len, 




Georsce, 


Blills, 


Stewart. 


Camoron, 




Gibsou, 


Morgan, 


Stockbridgo, 


Casey, 




Gordon, 


Perkins, 


Walthall. 



So the amendment was agreed to. 

Mr. HUNTON. In lines 5 and 6, of sectioa 21, page 13, 1 move 
to strike out the words:. 

Except such laws as arc applicable to the sale of licnior withlu 1 mile ol 
the Soldiers' Home. 

Tha effect of the amendment if adopted will be to abolish the 
distinction in the District of Columbia between the 1-mile limit 
of the Soldiers' Home and the rest of the District of Columbia. 
The law prohibiting the sale of liquors within 1 mile of the Sol- 
diers' Home was adopted a year or two ago at the instance of tlie 
governor oi the Soldiers' Home, as he supposed for the benefit 
of the inmates of the home. That oxpei-iment has been tried 
and has proved an utter failure. As the best argument that I 
can make on the subject, I desire to have read by the Secretarj' 
a letter from the governor of the Soldiers' Home, in which, he 
earnestly asks that this distinction bo abolished. 

The PRESIDENT pro tempore. The letter wUl be read. 

The Chief Clerk read as follows: 

GOVEBNOB'S Ori-ICB, IJNIIED STATES SOLDIEES' HOMK. 

Washington, D. C, Jajuiary 79, 1893. 

Sib: Lest I may be prevented by dlsablUtyfrom appearing beforeyom-com- 
mltt^e on Thursday agreeably to your invitation, 1 desire to say as governor 
of the Soldiers' Home I am deeply interested inland concerned about tlie mat^ 
ter of regulating sales of intoxicating liquors in this part of the District of 
Columbia. 

The one-mile limit law, passed I believe with the bjst intention of benolit- 
Ing the home, by preventing the members from having easy access to iutox- 
icatini liquors, has not only Lamentably failed in restraining those living 
within the mile limit from selling them liquor, but has doubled the number 
of Inmates who retm'n druulv from the city aud the number of those who 
sell liquor to them.. 

It is reported this last class is so great that by competition the price ol 
whisliy has fallen to 60 cents a gallon, and is so bad that the number of In- 
mates who fall by the wayside in returning from the city and who die from 
its effects has doubled during the year the law has been in force, a.i com- 
pared to the year immediately' preceding, as the accompanying reports show. 

No law that Congress could pass could do more harm to the home and to 
the reputation of the people within the mile limit and to their property than 
the mUe limit law, so beneficently intended, has effected. 

The inmates, who are discharged soldiers and full citizens of the United 
States, feel grieved and insulted with this statute iu force. They are grieved 
that their neighbors within a mile of the beautiful park which tliey liave 
made possible to the citizens of Washington, should bo denied the privileges 
enjoyed by their fellow-citlxeus ever5T\'here else in the District. 

They feel insulted that after serNTng their coiuilry in its wars, and many 
of them for twenty years and are now disabled old men, should be denied 
the paltry comfort of a glass of beer -without ha-.-lug to go a mile for it. 

In the intere.st of these' hundreds of worthy inmates and citizens. I ask your 
most favorable consideration of the Meredith hi.gh-license bill, and that the 
mile limit be repealed. Some of the men at the home will always drink too 
much with this miie-Umit law in force, for the reason that when they take 
the glass that is helpful, not harmful, a mile or two from home, they remem- 
ber that they will have to take the same long walk to get another, it occurs 
to them it will be a long time " between drinks," and then add to what la al- 



ready enough. That Ls the rcaBon 
mg. This i^i III,- r,-:;>.,n ilii- 1 iv, ■ 
wards the ; 
offlccvs of ■ 
heari, 1 --.r : 

CiUi-l 

Th. 
own 

r 



of an , 
Th. : 
ber, \-. 
out; r 
servii 



■'1 



thcii 
horn,' 

In'^tii 

.\ru:\ 

U.eir dl.se:i: 
enlisied ni 
source of In' 

\'ery ru^peciluliy, 



J.( 



CHAIIi.MAN of IIOITSB CoM.MiTri;i: i.S 

The PRESIDENT pro tern/)'.,'., x.. ,.. .....^od 

ment propua.-d by the Senator from Virifinia (Mr. HrNTO'Vl 

Mr. FAULKNLCK. Mr. Pr.>-^i.1.-nt " '' 

Mr. HUNTON. I liad not 
to the Senator from West Vii-- 
amendment to my amondnioni. 

Mr. fAL'LKNKU. In SLMMion :!1. linu (5, I offer a subatltuto 

for the amendment sugtT'-' "i '>•■ ''>■■ <....■.!..,. f. \ :.. . — 

which 1 am satislied the : 

fcrict of Columbia will sui'; 

line (», after the word "home," 1 ui 



low 
: an 



th" llmiu pr.- 
• out tho 



Which law L-i Itcreby declared to Iw nr. 
scribed in said act to one-half of air ' 

The idea and purpose of thi^- 
entire limit that has been pi 
construction of that act. but 
liquorlicensoscan not be gra'.' 
diers' Home This was the i: : 
as tho committee at tho time i i 

Mr. BUTLER. Will the Soiial(..r b.' 
why he proposes to substitute half a ni 
what has just been read at th- ' ' 
Soldiers' Home. I should thi 
as etiectivo against halt a milt: .. 
seem to mo that tho amendment c 
[Mr. Hunton] would be the prop( 

Mr. FAULIGJJER. In answer to ' 
Una I will say that at the time the 
two interviews with the officer in i 
Gen. Wilcox was, I think, in com: 
e.vperience in having gone out • '■ 
the citj- on several occasions a; ' 
of the Soldiers" Home clearly c 
vision ought to be adopted by ( ' 
up tht' liquor .saloons, and gv. 
diately surrounding the gates of ll; 

Although I am very liberal and l 
ereuco to the sale o[ liquor and the ii 
convinced at that time that we oughi ' 
this matter. I am frank to say that I >■ 
construction of the law fixed tho Vv 
could not sell lic^uor to a mile, wl 
of the committee — at least it was 
extend only half a mile from th- 
limit extended the limit too far i 
the sale of liquor, and it extended 
country districts. 

The PRESIDENT y/ro , ■..,,/, ..,'.. l).,-th.- and 

the Senator from West Vir;,'inia !o .••'!' tho 

amendment proposed by tho .Sena; -^fi.iiii/ 

Mr. FAU'LICNER. Yos, sir: a^ :. 

The PRESIDENT pro te)ijpore. Th'.jam.judraent to the amend- 
ment will be read. 



views In rof- 



ho 



2092 



CONGRESSIONAL RECORD— SENATE. 



Februaey 24, 



The Chief Cleek. In section 21, line 6, after the word 
"Home," insert: 

Which Uiw Is hereby cloclarea to be amendea by reducing the limit pre- 
scribed in said act to one-half of a mile from the Soldiers' Home. 

Mr. HUNTON. I can not agree to accept that amendment. 

Mr! HANSBROUGH. Will the Senator from Virginia yield 
to nie for a moment? 

Ml'. HUNTON. I will yield in a few minutes. Ihavenodoubt 
in the world every word my friend from West Virginia has said 
is perfectly true, that when the 1-mile limit was established, 
although he says it was intended for half a mile, it was adopted 
for the" benefit of th-3 government of the Soldiers' Home. 

That is perfectly true; it was adopted at the instance of the 
govevnorof theSoldiers' Homo; but ithasproved adead faihu'o, 
and instead of being abenofit to the discipline of the home, it has 
proved vei-y disastrous to the discipline of that home. The gov- 
ernor of the Home writes a strong letter, which has just b.ieu 
read at the desk, asking that the one-mile limit be abolished. He 
says it is absolutely necessary for the good of the inmates of the 
Soldierg' Home, and it is making a discrimination between one 
portion of the District of Columbia and the rest of it about the 
sale of liquor. The provision of law is useless and more than 
useless, because it is injurious where a benefit was intended. 
For that reason I am not able to consent to the amendment pro- 
posed by the Senator from West Virginia to my amendment. I 
yield now to the Senator from South Carolina. 

Mr. BUTLER. I was merely going to call attention to what 
Gen. kelton has said in regard to this matter, and which is abso- 
lutely conclusive as far as I am concerned. I desire to call the 
attention of the Senate to one paragraph of Gen. Kelton's letter, 
the present governor of the home, who was Adjutant-General of 
the Army for a number of years: 

The one-mile limit law. pas-i(-d, I believe, with the best intention of benefit 
ine the liome by preventiui; the members from having easy access to intoxi- 
catiuii liiiuor, has not only lamentably tailed in restrainin;; those livln'i 
wilhin the mile limit from selling them liquor, but has doubled the number 
of inmates who return drunk from the city and the numbar of those who 
sell liquor to them. 

I submit that the opinion of Gen. Keltou, the governor of the 
home, who knows all about it, I presume — he lives there— ousrht 
to h^ve great weight with the Senate in -settling this matter; 
and it seems to me that his objection to the mile limit would apply 
just as forcibly to the half-mile limit, I see no reason why there 
should be any distinction made whatever in the neighborhood 
of the Soldiers' Home from any other part of the District, and I 
think the amendment proposed by the Senator from Virginia 
[Mr. Hunton] is eminently proper. 

Mr. FAULKNER. I did not understand when the communi- 
cation was read, as I was then prepat-ing my amendment, the 
point made by the officer in charge of the Soldiers' Home, and 
have only appreciated now the views which ho expressed in the 
letter,' and which I think I can show to the Senate are easily an- 
swered. 

It is true, as he stat.;'S, that since the mile limit has been es- 
tablished there have been more liquor saloons and more drunk- 
enness in the city of Washington than before, and why? Sim- 
ply because you have to-day in the city of Washington nolicenso 
law. 

You have to-day in the city of Washington no law which will 
authorize the Commissioners to designate and jirescribe who 
shall be entitled to sell liquor within the limits of this District. 
You have to-day no jienalties prescribed by which you can en- 
force any liquor law what3ver; and the passage of such a measure 
is the absolute and imperative necessity devolved upon the Sen- 
ate here, even to set aside for the time being important appro- 
priation bills in order to give to the subject a proper and delib- 
erate consideration and vote upon it one way or the other. 

Now, Mr. President, what has been the result of the law pre- 
scribing a mile limit? 

Mr. HUNTON. Will the Senator allow me to interrupt him? 

Mr, FAULKNER. Of course. 

Mr. HUNTON. My friend is mistak<m in saying that there 
was no law in the District of Columbia prohibiting the sale of 
liquor without license. He will I'ecollect that I called his atten- 
tion to the fact that up to the decision of the case of The United 
States rs. Noah there was supjjosed to be a very stringent law 
against selling liquor without license in all parts of the District 
of Columbia, That decision of the supreme court of the District 
of Columbia took place last fall. So for ayoar or two this traffic 
went on under the laws of the District of Columbia, which were 
enforced against all men who sold liquors without license. It 
was not until the decision of Th'i United States r,s. Noah that it 
was supposed people had a right to sell liquor without license 
in the District of Columbia. The ill effects of theone-inile limit 
law were apparent to the governor of the Soldiers" Home long 
before it was dreamed of that a man could sell liquor in the Dis- 
trict of Columbia without a license. 



Mr. FAULKNER. I will state to the Senator from Virginia 
that the question as to whether a man was compelled to obtain 
a license from the Commissioners commenced to be agitated this 
spring a year ago. Although the decision was not rendered 
until last fall, in which it was judicially decided that i arsons 
could sell liquor without obtaining the consent of the Commis- 
sioners, parties acting upon the construction ol the law given to 
them by counsel whom they advised with did go on Seventh 
street and in this particular locality did open barrooms in abso- 
lute defiance of what was then assumed to be the license law of 
the District of the Columbia. 

As a result of that advice from counsel almost every house be- 
came a liquor saloon upon that line; and Gen. Kelton v.'ell says, 
coming there after the operation of the law had been absolutely 
nullified, under this view of theold statute, he found that as the 
old soldiers came back from the town th-y could stop at every 
house and take a drink of liquor, and the result was that they 
suffered a g'reat deal more than they would under a regularly 
and properly regulated license system. 

Mr. BUTLER. I understand Gen, Kelton to say exactly the 
opposite: that one of the evils resulting from the one-mile limit 
is the fact that there is such a long time between drinks that 
the old fellow would be very likely to take too much: that ho 
would have a mile to walk, and very likely would go back from 
his leave in a very unfortunate condition, whereas if he had gone 
out 400 feet, or whatever the limit prescriiied, and taken a glass 
of beer the chances are he would have gone back feeling refreshed 
without being drunk. I think the argument of Gen. K>!ton is 
very potential. He states the fact. He says that they re/ard it 
as a'reflection upon that community that th jy should be e.\empted 
from the general operation of the law which applies to all the 
District. I take it that Gen. Kelton knows what he is talking 
about and knows what the old soldiers want. A good many of 
them will take a drink and I expect they drink too mtich some- 
times, and when they have to walk a mile to get a drink they 
are very likely to take more than one before they start back. 

Mr. HUNTON. He says expressly that they do that. 

Mr. BUTLER. Yes. 

Mr. FAULKNER. I think I am correct in the ass.'rtion I 
made upon the letter of the general. He says: 

The one-mile limit law, p assei I biUeve with the best intention of bene- 
fiting the home, by preventing the members from having easy acce.ss to in- 
toxicating liquors, has not only lamentably failed in restraining those living 
within the mile limit from selling them liquor, but has doubled the number 
of inmates who return drunk from tUe city, and the number of those who 
sell liquor to them. 

Within the limits. That is exactly the proposition v,'hich I 
asserted was the statement of the general. 

Mr. BUTLER. Now, if we put a $400 license fee upon those 
fellows who have been selling liquor illicitly I think it will likely 
result in diminishing that number. 

Mr. GALLINGER. Will the Senator from West Virginia 
yield for a question? 

Mr. FAULKNER. I yield to the Senator from New Hamp- 
shire. 

Mr. GALLINGER. 1 desire simply to ask my friend, the Sena- 
tor from West Virginia, if it is notanentii-ely novel pro])osition 
that the nearer intoxicating liquors are tomon the more temper- 
ate they are? Was it ever before promulgated by any individ- 
ual or by any legislative body? 

Mr. FAULKNER. I do not think it has been announced by any- 
one at all except the Senator from South Carolina. I have not 
attributed any such doctrine to the general in command at the 
Soldiers' Home. 

Mr. GALLINGER. Has not Gen. Kelton said the same thing? 

Mr. FAULKNER. In his communication which has been 
read? 

Mr. GALLINGER. Yes, sir. 

Mr. FAULKNER. I think not. Ho has simply said that by 
reason of the condition of the present law the liquor saloons 
have doubled in number to what they were prior to its enact- 
ment, within the limits, and the reason for that I have give:i to 
the Senate. 

Mr. HUNTON. I do not think Gen. Kelton alludes to the 
present law. The Senator from West Virginia is mistaken. 

Mr. GALLINGER. Let me ask the Senator from West Vir- 
ginia a further question. 

Mr. FAULKNER. I yield to the Senator from New Hamp- 
shire. 

Mr. GALLINGER. Suppose the mile limit is eliminated from 
the law will it not result in bringing liquor saloons nearer to the 
Soldiers' Home than 1 mile, and hence is it not an extraordinary 
argument that the nearer we get them the more temperate men 
will be? 

Mr. FAULKNER. Of course if you destroy the mile limit 
they can obtain license to sell liquor anywhere in the District of 
Columbia. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



2141 



Mr. COCKRELL. Have I the floor? I thought I was recoo-- 
nized. " 

Tlie VICE-PRESIDENT. The Senator from IiUssouri is en- 
titled to the floor. 

Mr. COCKRELL. I will take but a minute. I understand 
there is not in this list of claims one solitary judgment of the 
Coui't of Claims rendered in a case where the 'court had author- 
ity to entei' a judgment. 

'iNIr. I^IITGHELL. I said there might be a few, but probably 
there may ba none. I have not had time to examine them. I 
know the great mass are simply findings of the court under the 
Bowman act. 

Mr. PLATT. Then it is all right. 

Mr. COCKRELL. They are not judgments. The judgments 
of the Court of Claims come to us under an entirely ditfcrent cer- 
tification. These are simply claims about which 'findings have 
been made by the Court of Claims. 

Mr. MITCHELL. Under the Bowman act. 

Mr. COCKRELL. Under the Bowman act. 

Mr. PLATT. That is all right. 

Mr. DAWES. I renew my motion to take the legislative, etc., 
apiiropriation bill. 

The VICE-PRESIDENT. The morning business is not yet 
concluded. 

Mr. DAWES. I yield for morning business. 

REPORTS ON LABOR IN EUROPE. 

Iilr. CHANDLER, from the Committee on Immigration, re- 
ported the following concurrent resolution; which was referred 
to the Committee on Printing: 

Besnlted by t/te Senate (the House of Itepresentatives concurring). That there 
shall 1)6 printed ana bounu S.OIKI coplesof the report on the condition of labor 
in Europe by Mr. Walter T. Clriflln. commercial agent at l.imosos, I'Yauce. 
and 5.0)u copies of the repoi'tof Mr. W. H. Edwards, coiisul-scneral at Herlin 
on the "labor statistics of the German trades unions for the year 1S91," l.OOi) 
copies of each report to be for the use of the Senate, 2.000 copies for the use 
of the House, and 2,000 copies to be distrlbutod by the Secretary of Stale; 
that said reports shall be editetl and prepared for publication by the Com- 
missioner of Labor, who shall also insert in said rcp,)rts the eqitivalents In 
American money of all statements of prices or other sums now given in for- 
eign inouey: and that only such iJhotographs, maps, and other plates shall 
be reproduced as the Commissioner of Labor may deem essential to a fair il- 
lustration of the text of the reports. 

Mr. CHANDLER. From the Committee on Immigration I re- 
port a resolution and ask for its immediate consideration. 
The resolution was read, as follows: 

Jiesolred. That the report on the condition of labor on the continent of 
Europe made to the Secretary of State by Mr. Walter T. Griflln, commercial 
agent , at Limoges, France, dated April 35. 1X92, and the report of Mr. \V. H. 
Edwards, consul-general at Berlin, dated November 2ii. 1892, being a transla- 
tion of the work entitled "Labor statistics of the German trades unions 
for the year 1891," transmitted to the Senate V>.v the President in response to 
the resolutions of December 20, 1892, and January 5, li'iS. be returned to the 
Secretary of State. 

Mr. COCKRELL. Why is that necessary? 

Mr. CHANDLER. The other resolution provides for printing 
the reports and it has gone to the Committee on Printing, but in 
the mean time the custody of the reports should be with the Sec- 
retary of State. 

The resolution was considered by unanimous consent and agreed 
to. 

BILLS INTRODUCED. 

Mr. PROCTOR introduced a bill (S. 3887) for the relief of L. 
A. Noyes; which was read twice by its title, and referred to the 
Committee on Claims. 

Mr. GEORGE (by request) introduced a bill (S. 38S8) for the 
relief of .Julia A. Nu.tt, widow and executrix of Haller Nutt, de- 
ceased, late of Natchez. State of Mississippi: which was read 
twiee by its title, and referred to the Committee on Claims. 

Mr. CAFFERY introduced a bill (S. 3889) for the relief of the 
heirs of Hilary B. Cenas; which was read twice by its title, and, 
with the accompanying papers, referred to the Committee on 
Claims. 

Mr. CULLOM introduced a bill (S. 3803) to authorize the Lake 
Shore and J^Iiohigan Southern Railroad Company to renew its 
bridge across the Calumet River: which was read twice by its 
title, and referred to the Committee on Commerce. 

AMENDMENTS TO APPROPRIATION BILLS. 

Mr. PEFFER submitted an amendment intended to be pro- 
posed by him to the Indian appropriation bill: which was re- 
ferred to the Committee on Indian Afl'airs, and ordered to be 
printed. 

Mr. HARRIS submitted an amendment intended to be pro- 
posed by him to the deficiency approin'iationbill: which was re- 
ferred to the Committee on Appropriations, and ordered to l>e 
printed. 

I^Ir. VOORHEES submitted an amendment intended to be 



proposed by him to the deficiency appropriation bill: which was 
i-eferred to the Committee on Aopropriations, and ordered to )*e 
printed. 

Mr. BLACKBURN submitted an amentlm.ii; ini.n.l, .1 t.i ■,. 
proposed by liim to the deSciencv apii; 
referred to the Committoe on fiairns ; 

Mr. BATE submitted an a- 
by him to the delicienoy ajip 
to the Committee on aV' • ■ 

Mr. McMillan sub 

proposed by him to the .. . -, , , ^. 

referred to the Committee on Appropriaiioos, and oraer«dto iw 
printed. 

WITHDRAWAL OF PAPEUS. 

On motion of Mr. PERKINS, it was 

Ordered. ThM the papers in the ea.se of Richard J. Huklo be vlUidnwu 
from the flies of the Senate, subject to the rules. 

EULOGIES ON THE LATE REPKESKNTATIVE SPINOLA. 

Mr. HILL. My attention hn-i Ixjoii ciili.il i.. il,.. ';. i ii.-,i ... 
action has over boon taken on the ii 
Representatives sent to this Ijody in : 
Gen. Francis B. Spinola. As next week w i,nH_-u 
I suggest that to-day, at "i o'clot-k, losel apart fi 
It there is no objection I offer the resolution whicli i s.-na \-j \hr 
desk, and ask for its aloptiou. 

The VICE-PKESiDEXT. The resolution will bo road. 

The resolution was read, as follows: 

HeeolvHl, Ttuil this day, at 5 o'clock p. m, bo sol aiurt f<ir pajiDK IrJImIe to 
the memory of lion. Francis U. .Spluola. lute n mombor of tno House of B«<n 
rosentatlves for the Tenth district . it New York, 

Mr. HILL. At the suggestion iif Sonatore around wu 1 will 
change the notice to half past -1 oVlnok. 

Mr. ALLISON. I hope the Senauir will not modify it. 

Mr. HILL. The Senator from Iowa wishes to hove "the hour U 
o'clock 

Mr. DAWES. Let it stand as it is, and if it is possiblo to bo- 
gin at lialf past 4 wo can do so. 

Mr. HILL. Very well: I will leave t' 

The VICE-PRESIDENT. In the ti tl... 

resolution will be agreed to. 

LIST OP CLAIMS ALLOWED. 

Mr. HALE submitted the following rosoUilion; which was con- 
sidered by unanimous consent, and airreed to: 

Iteeotved, That the Secretary o( i 
Senate a list of all claims allowci 
Treasury Uopartment imdcr a> 
been exhausted or carried lo- 
tion 5 of the act of June 2>, i - 
mitted to Congress during i h 

of the Court ot Claims renulriug au ;iijurijiji-l.i.iiuu at tin , 
already transmitted; said list to lucluifeall claims alloW' 
Ing the 1st day of March next, 

JUDGMENTS AGAINST THE UNITED STATES. 

Mr. GORMAN submitted the following resolution; which was 
considered by unanimous consent, and agreed to: 

y^fiOiiYd, That the Attornev-!:.-ii .-ii i..- ,ii,-„,i,..i i,. ,,.,, .n i,, n.. >..,..., 
tmder section 11 ot the act . 
the bringing of suits agatn-' 

the circuit and district court,- . 

not heretofore reported, which lequii'e uu appropri . 

REPORT ON COST OF PRODUCTION OF P': 

Mr. HAWLEY submitted the following concm-rent resolution;* 
which was referred to th' Coininitt' on Piinini'^: 

liesoh'ed by tfm Senate (th^ I, 
be printed O.OOJ copies of the 

on the co.%t of the production 1 1 i.i,,,,.; il n, i,i- i,ii 

the use of tUe Senate and 4,000 for e. 

REPORT OF Dmi i.i: MINT. 

The VICE-PRESIDENT laid bsforo the Senate the follov i: 
concurrent resolution of the House of Representatives; whii-h 
was referred to the Committee on Printing: 

ResoU.d htj Ih^ m<iM of V • '-'.■■-■ ■'. ■.. .'. -■ T> 

report ot thi^ Director of ih' 
In the United States ior th- . 

be printed, 4,000 copies for ti,.. „-- ,. , .■ 

les for the use of the Senate, and 8,iwu copies for tho u»u of lUe l>irt>ci»r o( 
the Mint. 

PRINTING OF EULOGIES ON THE LATE REPRESENTATIVK WAR- 

WfCK. 

The VICE-PRESIDENT ! 
concurrent resolution nf the I 
referred to th 
Rtsolrfdhijlli- 
be printed of th; 

a Representative (roui the stale olui,. 
shall be delivered to the Senators and 1 : 



2148 



CONGRESSIONAL RECORD— SENATE. 



February 25, 



and of those remaining 2,000 copies shall be tor the use of the Senate and 
4 000 tor the House of Representi'.tlves; anti the Secretary ot the Treasury 
be and he Is hereby, directed to have printed a portrait ot the said JohnG. 
Warwick to accompany said eulogies. That ot the quota of the House of 
Representatives the Public Printer shall set apart 50 copies, which he shall 
have bound In full morocco with gilt edges, the .same. to be delivered, when 
completed, to the family ot the deceased. 

PRESIDENTIAL APPROVALS. 

A message from the President of the United States, by Mr. O. 
L. Pruden, one of his secretaries, announced that the President 
had on the 24th instant approved and signed the following acts: 

An act (S. 1232) removing charge ot desertion against Lucius 
W. Hayford, Worcester, Vt.; 

An act (S. 3857) authorizing the construction of a bridge over 
the Mouongahela River, at the foot of Main street, in the borough 
of Belle Vernon, in the State of Pennsylvania; 

An act (S. 3S19) granting a (jension to Mary Doubleday, v?idow 
ot Bvt. Maj. Gen. Abner Doubleday; and 

An act (S. 1303) to increase the pension of Mrs. S. A. Farqu- 
harson. 

The message also announced that the President of the United 
States had on this day approved and signed the joint resolution 
(S. R.102) to provide for the construction of a wharf as a moans 
of approach to the monument to be erected at Wakeflekl, Va., 
to mark the birthplace of George Washington. 

SWAMP LAND GRANT PATENTS. 

Mr. CALL. I ask leave to call up the joint resolution (S. R. 
120) to suspend approval of lists of public lands to States orcor- 
porations imtil the further action of Congress. 

The VICE-PRESIDENT. The joint resolution will be read. 

The Chief Clerk read the joint resolution introduced by Mr. 
Call December 21, 1892, as follows: 

Jiesoived. etc. .Tba,t the Secretary ot the Interior be, and he is hereby, di- 
rected to suspend the approval or the issuing ot patents to land under acts 
of Congress granting swamp and overflowed land and under the act of May li, 
18.^t), granting land to the States of Alabama and Florida in aid of the con- 
struction ot certain lines ot railway, and under any other acts ot Congress 
granting lands to States or corporations to aid in the constrLictlou ot lines 
ot railway until Congress shall hereafter authorize the approval ot lists of 
such lauds. 

Mr. PERKINS. I should like to ask if the joint resolution 
has been reported favorably by the Committee on Public Lands. 

The VICE-PRESIDENT. It has never been referred to a 
committee, the Chair is informed. 

Mr. PERKINS. It seems to mo that it is a very important 
measure. 

Mr. DAWES. 1 renew my motion. 

Mr. CALL. If the Senator will wait one moment, I will stare 
that the joint resolution is nothing more than the law. 

Mr. PLATT. Mr. President, we can not hear the Senator 
from Florida on this side. 

The VICE-PRESIDENT. Senators will resume their seats 
and cease audible conversation. 

Mr. CALL. I think there will be no objection to the passage 
of the joint resolution when the Senate understands it. In the 
last appropriation act for sundry civil expenses of the Govern- 
ment it was jjrovided " that no part ot this sum of money shall 
be used for any land embraeed in any grant to the State of Flor- 
ida.'' That was in reference to the expenditure of the appro- 
priation for the adjustment of the land grants which were pro- 
vided tor in that act of Congress, embracing all State and rail- 
road grants. The act provided that no part of the money therein 
appropriated should he applied for any lands embraced in any 
_ grants to the State of Florida. 

I am informed that there has been taken some action upon the 
subject, perhaps inadvertently, perhaps not, in violation of the 
e.xpress terms of the law. Therefore, I desire that the resolu- 
tion, which is nothingbut a reaffirmation of tha law as enacted 
at the last session of Congress, shall be passed in order that it 
maybe brought to the consideration ot the authoritiss. 

Mr. MITCHELL. Will the Senator yield to me a moment? 

Mr. CALL. Yes, sir. 

Mr. ;MITCHELL. I inquire it the joint resolution of the Sen- 
ator applies to any other railroad land grants then those in the 
State ot Florida? 

Mr. CALL. To none whatever, and the joint resolution is in 
the terms of the act passed at the last session of Congress, re- 
ferring only to the lands embraced in grants to the State ot 
Florida because of certain peculiar tacts relating to them. That 
is the law, as will be found now in the statute b.;ok. 

Mr. PERKINS. It the langaage is clear and specinc, so that 
the joint resolution only applies to lands in the State of Florida, 
so tar as I am concs'.ncd I liave no objection to its passage, but 
I somewhat doubt whether by the phraseology it is confined to 
the lands of that State. 

Mr. MITCHELL. I as'^; that the joint resolution go over until 
to-morrow. I should like to look at it. 
The VICE-PRESIDENT. The joint resolution will lie over. 



MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOVVLES, its Chief Clerk, announced that the House had agreed 
to the report of the committee of conference on the disagreeing 
votes of the two Houses on the amendment ot the House to the 
bill (S. 3327) extending the time for the construction of the Big 
Horn Southern Railroad through the Crow Indian Reservation. 

The message also announced that the House had passed a bill 
(H. R. 9741) to increase the pension of Capt. E. R. Chase from 
$20 to $72 a month, in which it requested the concurrence of the 
Senate.' 

ENROLLED BILL SIGNED. 

The message further announced that the S])eakerof the House 
had signed the enrolled bill (S. 3876) authorizing the St. Louis 
and Miadison Transfer Company to construct a bridge over the 
Mississippi River; and it was thereupon signed by the Vice-Presi- 
dent. 

DIG HORN SOUTHERN RAILROAD. 

Mr. JONES of Arkansas submitted the following report: 
The committee ot conference on the disagreeing votes ot the two Houses 
on the amendment of the House to the bill (S. 3317) extending the time tor 
the construction of the Big HornSonthern Railroad through the Crow Indian 
Reservation, having met, after fuU and free conference have agreed to rec- 
ommend and do recommend to their respective Hoitses as follows; 

That the Senate recede from its disagreement to the amendment of the 
House of Representatives and agree to the same with an amendment, page 
2, line 10, after "reservation." Insert "said grant of a right ot way through 
the military reservation to be subject to the consent and approval ot the 
Secretary oJ War;" and the House agree to t'le same. 

JAMES K. JONES, 

H. L. DAWES, 

CHARLES F. MANDERSON, 

Managers on the part of the Henate. 
S. W. PEEL, 
L. M. TURPIN, 
JOHN L. WILSON, 
Managers on the part of the House. 

The report was concurred in. 

HOUSE BILL REFERRED. 

The bill (H.R. 9741) to increase the pausion ot Capt. E. R. 
Chase from $20 to $72 a month was read twice by its title, and 
referred to the Committee on Pensions. 

LEGISLATIVE, ETC., APPROPRIATION BILL. 

Mr. DAWES. I renew my motion that the Senate proceed to 
the consideration of the legislative, etc., appropriation biU. 

The VICE-PRESIDENT. The question is on the motion made 
by the Senator from Massachusetts. 

Mr. TURPIE. I wish to ask unAnimous consent for the con- 
sideration of a private pension bill. 

Mr. DAWES. The Senator will first allow me to get the ap- 
propeiation bill before the Senate. Then I have promised to 
yield to the Senator from Illinois [Mr. Palmer], and of coursi 
I shall be glad to extend the same courtesy to the Senator from 
Indiana. 

The VICE-PRESIDENT. The questioji is on the motion ot 
the Senator from Massachusetts. 

The motioa was agreed to, and the Senate, as in Committee of 
the Whole, resumed the consideration of the bill (H.R. 10331) 
making appropriations for the legislative, executive, p.'.id judi- 
cial expenses of the Government for the fiscal year ending June 
30, 1S94. and for other purposes, the pending question being on 
the amendment submitted by Mr. Allison. 

Mr. DAWES. Now I vield to the Senator from Illinois. 

The VICE-PRESIDENT. The appropriation bill will be in- 
formally laid aside if there be no objection. The Chair hears 
none. 

LEGAL REPRESENTATIVES OF ORSEMUS B. BOYD. 

Mr. PALMER. I ask unanimous consent of the Senate for 
the present consideration of Senate bill 1920, which has been re- 
ported favorably by the Committee on Military Affairs, and 
which, I think, "will lead to no debate. 

There being no objection, the Senate, as in Committee ot the 
Whole, proceeded to consider the bill (S. 1920) for the relief ot 
the legal representatives of Orsemus B. Boyd. It proposes that 
the claims ot the widow and children of "the late Orsemus B. 
Boyd, formerly aprivateand lieutenant of volunteers and captain 
in the Eighth Unite! States Cavah-y, for commutation ot rations 
and pay while said deceased soldier was in the volunteer and 
regular armies of the Uiiited States, be i-eferred to the Court of 
Claims for adjudication. 

The bill was reported to the Senate without amendment, 
ordered to be engrossed for a third reading, read the third time, 
and passed. 

REBECCA H. CHAMBERS. 

Mr. DAWES. I now yield to the Senator from Indiana, if no 
other Senator objects. 



1893. 



CONGEESSIONAL RECORD— SENATE. 



•il()9 



MOBILE AND DAUPHIN ISLAND TRESTLE. 

Mr. VEST. Upon consultation with the Senator from Tennes- 
see [Mr. Harris] and the Secretary of the Senate, I am satisfied 
that the action talien by the Senate in regard to the bill which 
was returned by the President, is not correct. I therefore ask 
the Senate to pass the concurrent resolution, which I send to the 
desk, in order that it may go to the House of Representatives at 
once. 

The PRESIDING OFFICER. The concurrent resolution will 
be read. ' 

The Secretary read as follows: 

Resolved by the Neiiate {Ike House of liepresentativea concurring). That the 
Committee on Enrolled Bills be, and they are hereby, authorized to correct 
the enrolled bill (S.3.S11) to amend an aft entitled -An act to grant to the 
Mobile and Dauphin Island Railroad and Harbor Company the right to tres- 
tle across the shoal \vater between Cedar Point and Dauphin I.sland," an- 
proyed September 26, 1890, by striking out the word "six" In the second 
lineand Inserting the word "foui-; " and the ngure "6" in the sixth line and 
inserting the Hgiire ■'4.'' 

The resolution was considered by unanimous consent, and 
agreed to. 

Mr. VEST. I ask unanimous consent that the action of the 
Senate this morning in reference to tliis matter bo reconsidered. 

The PRESIDING OFFICER. If there bo no objection it will 
be so ordered. The Chair hears none. 

ORDER OP BUSINESS. 

Mr. HANSBROUGH. Mr. President 

Mr. STEWART. I desire to call up an appropriation bill. I 
do not think it will take more than a few minutes. 

Mr. HANSBROUGH. I think we had better get the liqtior- 
license bill out of the way first. 

Mr. Stewart and others addressed the Chair. 

The PRESIDING OFFICER. The Chair has recognized the 
Senator from North Dakota [Mr. Hansurough]. 

Mr. H,\NSBROUGH. I move that the Senate proceed to the 
consideration of the bill (H. R. 10260) regulating the sale of in- 
toxicating liquors in the District of Columbia. 

The motion was agreed to. 

Mr. SHERMAN. Now, as that bill has been taken up and will 
be the unfinished business to-morrow, I move that the Senate 
proceed to the consideration of executive business. 

Mr. HARRIS. I wish to suggest to the Senator from Ohio that 
the Senator from New York [Mr. Hill] gave notice this morning 
that at 5 o'clock he would ask the Senate to give attention to a 
matter which is never postponed. 

In that connection, I wish to suggest to the Senator from North 
Dakota, that if he expects to get the bill which he has in charge 
considered, there are hardly minutes enough between now and 
5 o'clock for him to get it through. 

Mr. SHERMAN. The Senator gave way for the reason that 
it will be the unfinished business and can not be considered to- 
day. 

Mr. HANSBROUGH. I understand that this bill stands now 
as the unfinished business, so as to come up the first thing on 
Monday morning. As the Senator from Ohio is vary anxious 
for an executive session, I yield to him. 

Mr. BLACKBURN. No; this bill does not come tip the first 
thing on Monday morning. 

Mr. ALLISON. It will come up at 2 o'clock. 

Mr. SHERMAN. It will come up at 1 o'clock when the San- 
ate meets at 11. I insist on my motion, which is not debatable. 

Mr. GORMAN. I understand that the bill now before the 
Senate is the bill reported from the Committee on the District 
of Columbia and that it is absolutely necessary that it should be 
disposed of before we can get through with the District of Colum- 
bia appropriation bill. It is upon that statement that Senators 
upon this side of the Chamber have voted to take up the bill. 

Mr. SHERMAN. I wish to state to the Senator from :\Iary- 
land that I do not think the executive session will last more 
than a short time, and there is a necessity for it. I do not in- 
tend at all to interfere with the notice given by the Senator 
from New York [Mr. Hill]. I therefore insist on my motion. 

Mr. GORMAN. I should like to finish my statement. As I 
understand, the passage of the liquor-license bill is absolutely 
necessary so as to enable us to dispose of the District of Columbia 
appropriation bill; in other words, the license .system is part of 
the revenue system which must ba adjusted before appropria- 
tions can be intelligently made. Following this bill is the i)cn- 
sion appropriation bill, appropriating $!(>."), 000, 000, which the 
Senator'from Nevada[Mr. Stewart] has just given notice that 
he will call up on Monday morning. 

Mr. SHERMAN. I think the pending question is not debat- 
able. 

The PRESIDING OFFICER. The question is not debatable. 

Mr. GORMAN. What is not debatable':" 

The PRESIDING OFFICER. The motion to proceed to the 
consideration of executive business. 



I did not know a motion of that kind 



Mr. GORMAN, 
pending. 

Mr. SHERMAN. That was the motion I made. 

The PRESIDING OFFICER. T' •, is on the motion 

of the Senator from Ohio that th.' ,)ceea to the con- 

sideration of executive business, [r !-.;:ii'' the Question. 1 In 
the opinion of the Chair the noes have it. 

Mr. SHERMAN. I call for the yeas and nays. 

I ho yeas and nays were ordered. 

Mr. HILL. I wish to make an inquiry. Has the oxci.u bill 
lOr the District of Columbia b on taken up' 

The PRKSIDINC OFFICER. It bus boon. 

The Secretary proceeded to call the roll. 

Mr. GEORGE (when his name was called). I om pairod with 
the Senator from Oregon [.Mr. Doli'h], 

Mr. SAWYER (when his name was called ). I aui nairod with 
my colleague [.Mr. Vilas], who is unavoidably at»ei»t from tho 
Chamber. 

Mr. GEORGE (when Mr. Walthall'.s name was .'all.-.! ■ My 
colleague [.Mr. Walthall] is detained from the > in- 

disposition. Ho is paired with the .Senator Iroin ' md 

[Mr. Dixon]. 

-Mr. WAUREN (when his name was called). I urn paired with 
the Senator from Georgia [Mr. GouDO.v]. 

The roll call was concluded. 

Mr.CULLOM (after having voted in the anirmallvo). I ob- 
serve that the Senator from Delaware [Mr. fJRAV), with whom 
I am paired, is not present. I theivfore withdraw my vote. 

Mr. WILSON. 1 am paired with tho Senator from Georiria 
[Mr. Colquitt]. 

Mr. DIXON. I am paired with tho Senator from .MLsKl«Hippl 
[Mr. Walthall]. 

Mr. CALL (after having voted in tho negative). I am paired 
with the Senator from Vermont [.Mr. ProctorJ. Plndini; he la 
not present I withdraw my vote. 

Mr. 1IANSB150UGII. I am paired with tho Senator from 
Illinois [Mr. Palmkk). 

-Mr. CMIEY (after having voted in tho aflirmative). I iiak to 
withdraw my vote. I am paired with tho Senator from South 
Carolina [Mr. Iruy]. 

Mr. HISCOCK (after having voted in tho alllrmallvo). Hoa 
the Senator from Arkansas [.Mr. .ToNt:s] votedy 

Tho PRESIDING OFFICER. Ho is not recorded. 

-Mr. HISCOCK. I withdraw my vote, as I have a pair with 
that Senator. 

-Mr. CHANDLER (after having voted in the alllrmatlvo). I 
am paired on this question with the junior Senator from Now 
Jersey [Mr. BlodgettJ. Therefore I desire to withdraw my 
vote. 

Mr. BL.'VCKBURN. By a suggestion on Iwth sides. I a«k 
that my colleague [Mr. Lind.=!AY], who is ubsoiit, may xtiuid 
paired with the Senator from Maine [.Mr. Fkye], who In also ab- 
sent. 

Mr. CHANDLER. I transfer ray pair with tho junior .Sen- 
ator from New Jersey [Mr. BtA^DOKTT] to the junior .Senator 
from Vermont [Mr. Proctok], which will enable tho Senator 
from Florida [Mr. Call] and myself to vote. I vote " yea.'' 

Mr. CALL. I vote "nay.'' 

Mr. CULLOM. I have a general pair with the Senator from 
Delawar,! |Mr. Gray]. On tho suggestion of the Senator from 
Florida [.NIr. Pasco] I transfer that pair to the Senator from 
North Dakota [Mr. Casey], and I vote "yea." 

Mr. BATE (after having voted in the negative). I wi.nh to 
withdraw my vote. I am paired with the Senator from Wash- 
ington [.Mr. Allen]. 

The result was announced — ^j-eas 21, nays 2i>: as follow^: 



Chandlery 
Cullom, 03 
Davis, "O 
Dawes, C 
Felton, ^— 
GalllnReiiu 
03 
CO 
Herry, 
lila-Ulmi^ 
Hut'.er. a\ 
Call, -—, 
Cockrellr" 
Coke, 3 
Daniel, «" 



Aldrlch," 

Allen, 

Allison, 

Bate. 

Blodgclt. 

Brlce, 





YEAS-21, 




llawley, 


Mitcholl, 


Sqalr«. 


HlKi,'ln.s, 


Morrill. 


SlockbrldKV 


ll.iar. 


Paddock. 


Wasb)>urD. 


.Inlli'S, Nov, 


Piatt. 




McMillan. 


Sherman, 




Manilerson, 


Shoup, 
NAYS-M. 




Gibson, 


McPherson, 


TeUcr, 


Gorman, 


Mills. 


Turple. 


Hale, 


1 'asro. 


Van CO, 


Harris, 


I'efTor, 


Veet. 


Hill, 


Power, 


Voorheo'. 


HtmtoD, 


Piich. 




Kyle, 


■{.innom, 




NOT VOTINO-ll. 




Caffcry, 


Dixon. 


Gordon. 


Cannlcn, 


Dolpb. 


Gray. 


r.mi-ron, 


Diibuls, 


HanxbrouKh 


Ciir/'V, 


rnulkncr. 


HlKcock. 


(':i>iv. 


Fr)-c, 


Irby. 


Coliiiiilt, 


George, 


J..nc«. i rk. 



2170 



CONGRESSIONAL EECORD— SENATE. 



Februaey 25, 



Lindsay, 
Morgan, 
Palmer, 
Perldus, 
Pettigrew, 


Proctor. 
' Quay, 
Sauder.s, 
Sawyer. 
.Stanford, 


Stewart, 

Vilas. 

Walthall, 

Warren, 

WlUle, 


Wilson, 
Wolcott 


So tho motion was not agreed to. 





CKANK & HOFFMAN. 

Mr. PEFFER. I wish to call the attention of tlie Senate to 
an orroi- in our records. On the 15th day of February I reported 
with an amendment from tho Committee on Claims the bill (S. 
2793) for the relief of Crank & Hoffman, which is now on the 
Calendar, Order of Business 1343. I observe that in the Recokd 
and on the Calendar the bill appears to have been reported with- 
out amendment. The amendment is a very important matter, 
and I desire to call attention to it, so that the correction may be 
made. 

The VICE-PRESIDENT. The Calendar will be corrected. 

LIQUOR TRAFFIC IN THE DISTRICT OF COLUMBIA. 

Mr. HANSBROUGH. I ask the Senata to proceed to the con- 
sideration of tho bill (H.R. 10266) regulating the sale of intoxi- 
cating liquors in the District of Columbia. 

The Senate, as in Committee of tho Whole, resumed consid- 
eration of the bill. 

Mr. HUNTON. Will the Chair state the question before the 
Senate? 

The VICE-PRESIDENT. The question is on the amendment 
submitted by the Senator from West Virginia [Mr. Faulkner] 
to the amendment of tho Senator from Virginia [Mr. Hunton]. 

Mr. HANSBROUGH. Let the amendment be read. 

The VICE-PRESIDENT. The amendment will be read. 

The Chief Clerk. On page 13, section 21, line 5, after the 
word " act," strike out the following words: 

Except such laws as are applicable to the sale of liqnor witMn 1 mile ol the 
Soldiers' Home. 

The VICE-PRESIDENT. The amendment to the amendment 
will be read. 

The Chief Clerk. After the word "Home," in line 6 of the 
same section, insert the following: 

Which law is hereby declared to be amended by reducing the limit pre- 
scribed iu said act to one-half of a mile from tho Soldiers' Home. 

Tho VICE-PRESIDENT. The question is on agreeing to tho 
amendment to the amendment. 

Mr. HANSBROUGH. Do I understand that it is the purpose 
of the Senator from Virginia to strike out the words " except 
such laws as are applicable to the sale of liquor within ono mile 
of the Soldiers' Home " and to insert the amendment offered by the 
Senator from West Virginia [Mr. Faulkner]? Is that the prop- 
osition of the Senator from Virginia? 

Mr. HUNTON. I did not agree to accept the amendment of 
the Senator from West Virginia to my amendment. I under- 
stand from tho Senator from Maryland [Mr. Gorm.\n 1 that the 
amendment offei'ed by tho Senator from West Virginia is satis- 
factory all around, and if he will so state, I shall not opposo it. 

Mr. GORMAN. I have no hesitation in saying that from what 
I learn here (and I have given this matter a good deal of atten- 
tion and I have talked about it to people all around who are in- 
terested in the District) the amendment offered by the Senator 
from West Virginia limiting the sale of liquor to half a mile 
from the Soldiers' Home will be satisfactory to everybody, I un- 
derstand, and will enable the law to remain in force and be ex- 
ecuted properly. 

Mr. MC'T\IILLAN. I wUl state that I have given this matter 
a good deal of attention; 1 have examined the maps very closely; 
and the amendment stiggested by the Senator from West Vir- 
ginia would bo entirely satisfactory to me. The half-mile limit 
would cover the ground that is generally objected to by those 
who desire the l-mi!o limit; and then the passage of this bill 
will do away with small groggeries, such as existed there before 
the 1-mile limit act was passed. I think there will be no objec- 
tion to it by the people who live in that neighborhood. 

ISfr. HARRIS. However satisfactory the amendment may be 
to the Senator from Michigan and to the Senator from Mary- 
land, and to certain people to whom they refer, it certainly is 
not satisfactory to the governor of tho Soldiers' Home. He dis- 
tinctly states to us that that limitation has worked evil and only 
evil to the discipline of the home. 

Mr. GORMAN. The mile limit? 

IMr. HARRIS. The mile limit. If the Senator wants to em- 
phasize that fact I suppose he would assume that the provision 
proposed would work only half the evil a mile limit would do, it 
being a half-milo limit. Exactly why we should apply a dilTer- 
ent rule of law to that little spot and part of the District of Co- 
lumbia which is applied to this city and every other part of the 
District is what I have never been able to see. 

It is what I do not see now, and what I never expect to be able 
to see. The legislation was unwise iu tho beginning: it was im- 



pioper in tho beginning, in my opinion, and I am heartily in 
favor of repealing it and subjecting every square foot of the ter- 
ritory within the District to exactly the same rules of law, be 
they what they may. 

Mr. HUNTON. 1 heartily concur in what is said by the Sen- 
ator from Tennessee, but I have always been taught to believe 
that " half a loaf is bettor than no bread." I believe that a one- 
mile limit or half a mile limit is wrong in itself. I believe further 
that it is injurious to the home. 

When this matter was up yesterday the Senator from West 
Virginia said that the governor of the Soldier.s' Home had re- 
ported truly that the one-mile limitation in the former law had 
been a disadvantage to tho home in multiplying liquor shops and 
places where liquor is sold, on Seventh street particularly; that 
that was due to the fact that there was no law in the city of 
Washington prohibiting the sale of liquor anyv/here: and by 
reason of the failure of law to prohibit the sale of liquor the 
grogshops multiplied in tho neighboi-hoodof the Soldiers' Homo 
and had desti'oyed the benignant effect of the one-mile limit, 
which was intsnded to lenefit tho Soldiers' Homo. 

I cited in what I had to say yesterday a decision of the su- 
preme court of the District of Columbia in The United States 
vs. Nau, in which the court docided that the legislative District 
law was a law for revenue, and where the parties paid or offered 
to pay the revenue, that being done they had the license to sell. 
That was the necessity for tho measure which passed through 
the Senate alittle whUe ago. But, sir, v,'hiIo thatistrueasto the 
rest of the District of Columbia, and there is uo law now accord- 
ing to this decision of the supreme court by which persons can 
be punished for selling liquor provided they pay or tender the 
amount of ass,-ssmLUt for that purpose, yet in the one-mile limit 
there is a law expressly prohibiting the granting of licenses. 

I wish to call the attention of the Senate to that law. and to 
show that tho Senator from West Virginia was entirely mistaken 
when he said that there was no law requiring a license within 
the mile limit, and hence the failure of the one-mile-limit law. 
When the one-mile limit law was passed, it was in these words: 

That on and after the passage of this act no license for the sale of intoxi- 
cating Uctuor at any place within one mile of the Soldiers' Home property 
in the District of Columbia shall be granted. 

This law applied only to the district 1 mile from the Soldiers' 
Home. So far as the territory was concerned within 1 mile of the 
Soldiers' Homo there was this new law, which prohibited a license 
within 1 mile of the Soldiers' Home. So while the supi-emo court 
decision applied to the rest of the District of Columbia it did not 
apply to that one-mile limit, becausi the law establishing a one- 
mile limitoxpressly prohibited a licen.se for that territory. There- 
fore it took it out of the general law under which the supreme 
court said where a person paid his assessment or tendered it to 
tho proper officer, that of itself was a license to sell liquor. But 
when we come to consider the law establishing tho one-mile limit 
we find the Congress of tho United States said that within that 
one-mile limit no license should be granted to sell liquor. 

So tho argument of the Senator from West Virginia, that the 
one-mile limitation had failed of its purpose because there was 
no punishment for selling liquor, does not apply to that one-mile 
limit. Therefore, the letter of the governor of tho Soldiers' 
Homo, asking the Congress of the United States to repeal the 
one mile limitation, is not due to tho fact that there was no pun- 
ishment for selling liquor in that mile limit without a license. 
Notwithstanding that, the governor of the Soldiers' Home writes 
a letter here, which was read to tho Senate yesterdaj', imploring 
that the one-mile limitation be repealed, because it broke up the 
discipline of the home and had ruined some seventy or eighty 
memb.;rs of the home. 

With this evidence before me and before tho Senate, it seems 
to me it is our boundon duty to that home and to the old soldiers 
who are stationed at tho homo to repeal the one-mile limit and lot 
the governor, who is the best judge of all these things, have the 
best means of enforcing tho discipline attending the administra- 
tion of the homo. I am therefore decidedly ofthe opinion that 
there ought not to be any limitation at all; and the governor of 
the home s.iys tho same thing. But I do say that if we can not 
get the mile limit repealed wo had bettor have it reduced to 
half a mile. 

Mr. MCPHERSON. I presume the Senator from Virginia 
has been explaining tho very thing I want some light upon; but 
addressed himself to tho other side of the Chamber, as though 
they were the only parties in doubt, and therefore I shall have 
to ask him a question for information if he will bear with me. 
This proposed law, I am now told, will be really the first license 
law we shall have had in the city of Washington; at least none 
exists here. Will itbo possible under the pending bill for the 
excise commissioners to prevent the sale of liquor within that 
one-mile limit from the Soldiers' Home? 

Mr. HUNTON. I will answer the Senator from New Jersey 



1893. 



CONGRESSIONAL RECORD— SENATE. 



2171 



witli a great deal of pleasure. The District Commissionei-s 
under this bill, if it becomes a law, will have the same power to 
regulate the sale of liquor within the 1-mile limit that they will 
have to regulate it in the other uarts of the District of Columbia. 

Mr. Mcpherson. Or prohibit it? 

Mr. HUNTON . Or prohibit it, if i* is not a proper place; and 
a high license is put upon it so as to put the sale of liquor in the 
hands of the best men. That is my understanding of the pro- 
posed law. 

Mr. Mcpherson. Then, I should like to ask one more ques- 
tion, if the Senator from Virginia will yield. 

Mr. HUNTON. With pleasure. 

Mr. Mcpherson, if by licensing proper places (because an 
improper place or one improperly conducted would hardly main- 
tain its license to sell liquor within tlie District of Columbia, we 
will assume) the limit should extend to within 1 mile of the Sol- 
dici-s' Homo, it is reasonable to suppose that soldiers who are 
dissipated or inclined to visit places where intoxicating drinks 
are sold could not get drinks quite so easily as they could if such 
a plr.ce were upon the borders of the soldiers' reserve. What, 
then, is the objection to leaving the 1-milelimit asit now stands? 

Ur. HUNTON. I will tell the Senator from New Jersey what 
the governor of the home says on that subject. He says that when 
the old soldiers who are fond of drinking walk a mile to got a 
drink the'y recollect when they get there that if they go back 
after taking one drink they will have to walk a mile back to got 
another, and the consequence is that they take several drinks 
before they go back, and they come back drunk. That is his 
view. 

Mr. Mcpherson, whereas, if it were near to them they 
could go often? 

Mr. HTINTON. They would take a gla'iS of beer and go back 
to the home, and in the course of the day take another glass 
of beer, and they would not get drunk. That is his view. 

JNIr. Mcpherson, who is the gentleman who has charge 
of the Soldiers' Home? 

Mr. HUNTON. Gen. Keltou. 

Mr. H ANSBROUGH. I desire to have the amendment stated 
as the clei'ks now have it. It comes in after the word •' Home," 
in line 6, I believe. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. On page 13, section 21, line 5, after the 
word "act,'' strike out the words "except such laws as are ap- 
plicable to the sale of liquor within i mile of the Soldiers' 
Home." 

Mr. HANSBROUGH. I understand that the pending ques- 
tion is the amendment of the Senator from West Virginia [Mr. 
Faulkner]: and as oifei-ed by him yesterday, I remember that 
it comes in after the word " Home." in lino 6. The amendment 
that is being considered now comes in at that point. 

The VICE-PRESIDENT. The amendment to the amendment 
will be stated. 

The Chief Clerk. After the word "Homo," in line G of 
section 21, insert: 

■Which law is hereby declared to be amended by reduciag the limit pre- 
scribed In said act to one-half of a mile from the Soldiers' Home. 

Mr. HANSBROUGH. That is the pending amendment. 

Mr. VEST. I should like to undei'stand now what is the prop- 
osition of the Senator in charge of the bill. How does he want 
the limit fixed? 

Mr. HANSBROUGH. The amendment of the Senator from 
West Vii'ginia fixes the limit at one-half a mile instead of amile 
as agreed upon by a majority of the committee yesterday. 

Mr. VEST. Nov,'. I want to say a word upon that proposition. 
I do not think I shall be suspected of being a prohibitionist. I 
ha->'e never voted in that direction and I have my own opinions 
fixed in regard to w'uat are the best instrumentalities for tem- 
perance. Absolute jn-ohibition is not the road which I would 
pursue to an end which all good and intelligent people desire. 

I listened very intently to the letter of the governor of the 
home. The argument has just been repeated in a terse manner 
by the Senator from Virginia [Mr. Hunton]. It is that if you 
put the limit at a mile the old soldiers will go there with the 
appetite for drink upon them, and rather than walk the mile 
back and go for anotherdrink they will take two drinks or three 
drinks, and then it is a mere question of capacity, for after the 
third drink the limit is entirely taken ofT. If that argument is 
worth anything there ought not to bo any limit, and there ought 
to be a saloon inside the home, because the argument is that 
they will drink anyhow, and if you put the saloon or the liquor 
at a distance from them you increase the temptation to take too 
much; it being granted that the appetite exists, and they wUl 
have the liquor, the nearer you put tlie saloons to them the less 
thev will drink. In mv opinion that is an entire fallacy. 

This is not a matter of conjecture or theory; it is a inattcr of 
actual experience. Those of us who have been in this city as 



long as I have been here, for fifteen voars, and who have seen 

the operations of this thoorv of intomporanco, or t If 

you choose to so term it, as to the soldiers in the 1. a 

greater scandal and disgrace has never existed in . ed 

community than could bo seen up._>n pav day or v. i-e- 

ceived their pensions in th.' ii:iti;.iii:r. O:.;.,!: ..■ .•«• 

Homo: those old sol.; ,',^j 

limits in a stale of iu .;j 

not stop out of the limi:^ ui ,he iioaio 'a- 

fall there, with such liquor for sale as ■. '„. 

mit any felony ready at hand. Cormorani- . ,.s 

were there waiting for them. It was not on it 
was a crime committed. 

If wo put the limit at a mile, as I understand it. iv 
ing looked at the map. you come down nearly to N . c- 
nuc. in the city, and you take away from the Ci ir 
discretion as to granting license for a vorv lii: • Uo 
city. By putting it at a half mile. . ' " ,.«. 
wo remove the grogsliops with the . al- 
coholic stimulants awuv from <'■■ ho 
home, and yet a sulficient dis- to 
the temptation that would ne. la 
at hand. It seems to mo a fair . no. 
While I would vote against taking :, . ,/ 
am entirely willing to vole to make it ii Lai:-iuUe uiuii. 

Mr. G.VLLINGKR. When this question was under disousalon 
yesterday I took occasion to nroixjund two inquiries to the Sen- 
ator fr()m West Virginia, which I find in the Recokd, and which 
I will read. First, I said to him: 

I desire to nak my friend, Iho Senator from West VlrRlnlii. If It In not an 
entirely novel proposition that the nearer Intoxlcatlnj; llquoni are to mon 
the more tomperato they are. Was It ever beforo promulimtod by any Indi- 
vidual or by any legislative bcdy? 

Next I inquired of him: 

Sxtppose iho mllo limit Is eliminated from the law ^m i n „ .. r.. .ii m 

brining llcnior saloons nearer to the Soldiers' Home ■ uro 

is It not an extraordinary argument that the nc»r<>r v . iro 
temperate men win be? 

In all the history of the world there never was a cauxu no bad 
that some good man would not espouse it, and I ii • ■ all 

surjirised to find that as good a man as Gen. Keltn en 

so absurd a letter as ho has on the question of 'i' In 

relation to the Soldiers' Home. In the first i on 

goes on to say that the law has resultt'd iu bi ^d 

saloons near the home; and, in the next place, ihai the old sol- 
diers go down to tho city, a mile away, to get a drink In jdace 
of getting a drink nearer the home, and that tho drinks are so 
wide apart that they forget themselves and ad very badly. 
Among other things in tho letter, which to my ranv' !"■ "'■ rly 
ridiculous. Gen. Kelton, thegovernorof the Soldici 'wn 

so far as to say, in a document which is put in priu out 

to be read by the American people, that the law li i In 

such (!xcessive drinking on the part of tho old sn • it 

has reduced the price of whisky in the District of ' 

Mr. President, I stand here to-day to say that in ut 

the churches of the city of Washington. '' --^ of 

the city of Washington, tho temperan. , of 

Washington, and the moi-al pooide of tli'_ . do 

not want the law changed in one iota. Wiulo C' - u 

right to change it if it chooses, and will if a mti .to, 

I sincerely hope that tho Senate of tho Uni' not 

yield to this clamor and will not under a mi- ■) a 

thing that will bring disasterto the old soldier- i.i.-.< ,iu . i uuing 
them good, as Gen. Kelton contends it will do. 

The Senator from Virginia is very anxici::s .■il.n,.' ;lii,. in.iil i-. 
If the Senator from Virginia will go toh! 
Monroe, where rum shops are up to the \ • 

home there, and look at the condition ol ih. ii. 

that soldiers' homo, I think ho will hardly co _;iio 

that we ought to break down the barriers" whien proi-'e in.' sol- 
diers at tho Soldiers' Home at tho national capital from drink- 
ing. 

Mr. HUNTON. If the Senator will go down U> r» 

Home at Richmond, Va., ho will find no such law :. • -d 

here for the last year or two. 

Mr. GALLINGER. I would prnhnbly find n woi-bo condition 
of things than exists hero at til ' • 

Mr. HUNTON. No. sir; vi' ; or one. 

The VICE-PRESIDENT. T ■ " "■' ' 

submitted by the Senator from 
to the amendment of the .Sena; 

Mr. CHANDLER. On that 1 ask im- ; . m1 imjr.. 

Mr. McPIlKKSON. Let tho ainondtui .i i. 

The VICE-PRESIDENT. Tho ainendiumil ol the Senator 
from Virginia [Mr. HUNTOXl will Ixj first road. 



2172 



CONGRESSIONAL RECORD— SENATE. 



Febeuaey 25, 



The Chief Clerk. On page 13, section 21, line 5, after the 
word " act," strike out the words: 

Except such laws as are appUcatle to tlie sale of liquor within 1 mile ol 
the 'soldiers' Home. 

The VICE-PRESIDENT. The amendment submitted by the 
Senator from West Virginia [Mr. Paulkner] to the amendment 
will bo read. 

The Chief Clerk. After the word " Home," in line 6 of sec- 
tion 21, insert: 

Which law is hereby declared to be amended by reducing the limit pre- 
scribed in said acttoonchaif of a mile from the Soldiers' Home. 

Mr. SHERMAN. The doubt I have is whether that half mile 
is to be measured from the grounds of the Soldiers' Home or 
from the house in which the soldiers live. 

Mr. VEST. From the grounds. 

Mr. PLATT. The original act measures the mile limit from 
" the Soldiers' Home property." 

Mr. HARRIS. It should certainly bo measured from the 
boundary. 

Mr. SHERMAN. I think it ought to be done, but as the 
amendment now reads a literal construction of the language 
would make the half mile measure from the house in which the 
soldiers live. 

Mr. HUNTON. Oh, no. 

Mr. SHERMAN. It ought to be made clear. 

Mr. VEST. It is to be measured from the grounds. 

Mr. PLATT. The original language is from the " Soldiers' 
Home property." The same language had better be used in this 
proposed statute. 

Mr. SHERMAN. I think that should be inserted. I suggest 
to make it read " fi'om the grounds of the Soldiers' Home." 

Mr. HUNTON. I will state to the Senator from Ohio that the 
law says "within 1 mile of the Soldiers' Home prop- 



original 

erty." 
Mr. SHERMAN 
Mr. HUNTON. 



That is a good suggestion. 
The amendment would, of course, embrace 
the Soldiers' Home property and the limit would be measured 
from the property of the home. 

Mr. SHERMAN. I move, if in order, to add the word " prop- 
erty." 

The VICE-PRESIDENT. Is there objection to adding the 
word " property"':' The Secretary will read the amendment to 
the amendment as it is proposed to be modified. 

The Chief Clerk. So that the amendment to the amend- 
mentwould read: 

Which law is hereby declared to be amended by reducing the limit pre- 
scribed in said act to one-half of a mile from the Soldiers' Home properly. 

Mr. PLATT. That is right. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment. 

Mr. VEST. Is that the amendment of the Senator fi-om Vir- 
ginia [Mr. Hunton]V 

The VICE-PRESIDENT. The amendment of the Senator 
from West Virginia |Mr. Faulkner]. 

Mr. GORMAN. That is the half-mile limit proposed by the 
Senator from West Virginia [Mr. Faulkner]? 

The VICE-PRESIDENT. It is. 

Mr. HARRIS. The first question is on the amendment of the 
Senator from Ohio to the amendment of the Senator from West 
Virginia':' 

The VICE-PRESIDENT. That has been accepted, the Chair 
understands. The amendment to the amendment will be so 
modified in the absence of objection. 

Mr. HARRIS. Then the question, of course, is on the amend- 
ment of the Senator from West Vii-ginia. 

Mr. GALLINGER. On that I ask for the yeas and nays. 

The yeas and nays were ordered; and the Secretary proceeded 
to call the roll. 

Mr. CULLOM (when his name was called). I am paired with 
the Senator from Delaware [Mr. Gray]. I transfer that pair to 
the Senator from North Dakota [Mr. Casey] and vote " nay." 

Mr. DAWES (when Mr. FAULKNER'S name was called). I 
was requested to pair with the Senator from West Virginia 
[Mr. Faulkner]. If he were pi-esent I should vote " nay."' I 
understand that he would vote " yea." 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. Dolph]. 

Mr. GORMAN (when his name was called. I am usually paired 
with the Senator from Maine [Mr. Prye], but that pair has been 
transferred to the Senator from Kentucky [Mr. Lindsay] for the 
day. I therefore vote "yea.'' 
The roll call was concluded. 

Mr. WILSON. I have a general pair with the Senator from 
Georgia [Mr. Colquitt], hut I am satisfied that if he were pres- 
ent he would vote " nay," and I therefore vote "nay." 
Mr. DiXON. I have a general pair with the Senator from 



Mississippi [Mr. Walthall]. In his absence I withhold my 
vote. 

Mr. BLACKBURN. My colleague [Mr. Lindsay] is paired 
with the Senator from Maine [Mr. Frye]. 

Mr. HISCOCK. I am paii-ed with the Senator from Arkansas 
[Mr. Jones]. 

The result was announced — yeas 28, nays 23; as follows: 









YEAS-28. 




Berry, 




Gibson, 


McMillan, 


Shoup, 


Blackburn 


, 


Gorman, 


Mandersou, 


Stew.art, 


Call, 




Hansbrough 


Mills, 


Turpie, 


Cockrell, 




Harris, 


Paddock, 


Vance, 


Coke, 


, 


Hlggins, 


Pugh, 


Vest, 


Daniel, 


X 


Hill, 


Ransom, 


Voorhees, 


Davis, 


-o 


Hunton, 


Sherman, 
NAYS-23. 


Washburn. 


Allison, 




Galllnger, 


McPherson. 


Power. 


Carey, 


O), 


Gordon, 


Mitchell, 


Proctor, 


Chandler, 


03 


Hawley, 


Pasco, 


Teller, 


CuUom, 


cr> 


Hoar, 


PeUer, 


Warren, 


Dubois, 




Irby, 


Perkins, 


Wilson. 


Felton, 


"o 


Kyle, 


Piatt, 






OJ 


NOT VOTING-37. 




Aldrich, 


V) 


Colquitt, 


Jones, Ark. 


Squire, 


Allen, 


Dawes, 


Jones, Nev. 


Stanford, 


Bate, 


Dixon, 


Lindsay, 


Stockbridge 


Blodgett, 


C— 


Dolph, 


Morgan, 


Vilas, 


Brice, 


O 


Faulkner, 


Morrill, 


Walthall, 


Butler. 


U. 


Frye, 


Palmer, 


White. 


Caffery, 




George, 


Pettigrew, 


Wolcott. 


Camden, 




Gray, 


Quay, 




Cameron, 




Hale, 


Sanders, 




Casey, 




Hiscock, 


Sawyer, 





So Mr. Faulkner's amendment was agreed to. 

The VICE-PRESIDENT. The question recurs on the amend- 
ment as amended, which will be stated. 

The Chief Clerk. On page 13, section 21, line 5, after the 
woi'd "act," strike out the following: 

Except such laws as are applicable to the sale of liquor within 1 mile of the 
Soldiers' Home, which law is hereby declared to be amended by reducing the 
limit prescribed in said act to one-half of a mile from the Soldiers' Home 
property. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment. 

Mr. GALLINGER. I ask for the yeas and nays on the amend- 
ment. 

Mr. McPHERSON. Let the amendment be read again. 

The VICE-PRESIDENT. The amendment as amended will 
be again read. 

The Chief Clerk again read the words proposed to be stricken 
out. 

The VICE-PRESIDENT. The roll will b3 called on agreeing 
to the amendment as amended. 

Mr. GALLINGER. Before the roll is called, the inquiry has 
been made of me what result an adverse vote will have. 1 will 
state that, as I understand it, if the amendment is now rejected 
it would leave the limit, as it is under the existing law, 1 mile. 

The Secretary proceeded to call the roll. 

Mr. CALL (when his name was called). Under the arrange- 
ment of thetransferofpair^ between myself and the Senator from 
Vermont [Mr. Proctok], I vote " yea." 

Mr. WARREN (when his name was called). I ask if the Sen- 
ator from Georgia [Mr. Gordon] has voted"? 

The VICE-PRESIDENT. He is not recorded. 

Mr. WARREN. I am paired with that Senator and withhold 
my vote. 

Mr. WILSON (when his name was called). I am paired gen- 
erally with the Senator from Georgia [Mr. Colquitt], but being 
informed that he would vote " nay" on this proposition, I vote 
"nay." 

The roll call was concluded. 

Mr. GORMAN. Before the result is announced I ask permis- 
sion to make a statement. We on this side understood the Chair 
to announce the question to be upon the amendment offered by 
the Senator from West Virginia [Mr. Faulkner], which made 
a half-mile limit. The question was asked directly whether that 
was the case, and the answer came "yes." The fact is that the 
question pending now is to strike out all the words after the 
word "act," in line 5 of section 21, including the amendment of 
the Senator from West Virginia, which we have adopted, so that 
a "yea" vote would be against a one-mile limit and a "nay" 
vote would be for the half-mile limit, or for the amendment of 
the Senator from West Virginia. I ask that under the circum- 
stances the question may be stated again and that we may have 
the roll affain called. I ask the Chair to state the question 

Mr. M ANDERSON. I ask the unanimous consent of the Sen- 
ate that the pending roll call be held for naught, and that the 
question be again stated and that a new roll call be had. 

Mr. HARRIS. Let the amendment be read again. It was 



1893. 



CONGRESSIONAL RECORD— SENATE. 



•-2173 



twice reported just before the roll call, and if Senators misun- 
derstood It, they had no right to misunderstand it. But let the 
suggestion of the Senator from Nebraska be agreed to, and the 
roll be again called. 

The VICE-PRESIDENT. The Chair will state that he is of 
opinion that he stated the case very clearly, but if there is any 
misunderstanding on the floor the request made by the Senator 
from Nebraska will be cousidered as agreed to. 

Mr. HANSBROUGH. Now let the amendment be stated. 

The VICE-PRESIDENT. The amendment as amended will 
be again stated. 

The Chief Clerk. On page 13, section 21 , line 5, after the 
word "act," strike out the following: 

Except such laws as ai-o applicable to the sale of liquor within 1 rallo of 
the Soldiers Homo, which law is hereby declared to be amended by reduc- 
ing the limit prescribed iu said act to one-half of a mile from the Soldiers' 
Home property. 

Mr. PLATT. How will it read? 

Mr. HANSBROUGH. I think I can o.xplain the matter, if 
the Senate will permit me. I understood the Senator from Vir- 
ginia [Mr. HUNTON] to withdraw his amendment in favor of the 
half-mile limit, which was adopted. Tlio motion to strike out the 
words "except such laws as are applicable to the sale of liquoi 
within 1 mile of the Soldiers' Home,"' being the amendment of 
the Senator from Virginia [Mr. Hunton], was withdrawn and 
the amendment of the Senator from West Virginia [Mr. Faulk- 
ner] was adopted. That is my understanding. 

Mr. HARRIS. Will the Senator allow me to state to him that 
he is totally mistaken about the fact that the Senator from Vir- 
ginia [Mr. HuNTON] withdrew his amendment? Tho amend- 
ment of the Senator from West Virginia | Mr. Faulkner] was 
in the nature of perfecting the to.xt. That question had to be 
taken before the question could be taken as to striking out tho 
limit altogether. The Senator from Virginia and myself both 
voted for the amendment of the Senator from West Virginia. 
It was agreed to on a yea-and-nay vote. Then came the ques- 
tion upon the amendment of the Senator from Virginia [Mr. 
Hunton] to strike out the clause as amended. So a vote now 
in favor of the amendment of the Senator from Virginia is to 
strike out everything in the form of a limit 

Mr. GALLINGEIf. Precisely. 

Mr. HARRIS. And to apply the same rule of limit to the 
Soldiers' Home and the surrounding country that is applied to 
every other part of the District of Columbia. 

Mr. PLATT. I ask that the section be read as it will be if 
the amendment prevails. 

The VICE-PRESIDENT. The section will bo read as it will 
stand if the amendment prevails. 

The Chief Clerk read as follows: 

Sec. 21. That this act shall be in lieu of and as a substitute for all exlstinR 
Laws .and regulatlous in the District of Columbia in relation to the sale of 
distilled audfermenteJ iiqnoi-s in the said District, and that all Laws or parts 
of laws inconsistent with this act be, and they are hereby, repealed. 

Mr. GALLINGER. I ask that the section be read as it would 
stand if the vote were adverse which has Just been taken. 

Mr. GORMAN. That would be with the half-mile limit. 

Mr. PLATT. The motion now is to strike out certain words 
from the section as they have been amended. 

Mr. HARRIS. That is true. 

Mr. PLATT. If that amendment prevails and those words 
are stricken out, all present laws relating to the sale of liquor 
in the District of Columbia will ha repealed. 

Mr. HARRIS. Oh, no. 

Mr. PLATT. The one-mile limit law with tho other laws of 
the District of Columbia relating to the sale of liquor. 

Mr. GORMAN. Oh, no. 

Mr. HARRIS. The present law in relation to the mile limit 
from the Soldiers' Home grounds will be repealed. 

Mr. CULLOM. I say, let the mile limit stand. 

Mr. HARRIS. Yes; the mile-limit law will be repealed and 
the same rule will apply to the Soldiers' Home and the country 
surrounding the Soldiers' Home grounds that applies to the rest 
of the District. 

Mr. PLATT. The section distinctly states that all laws now 
existing relating to the sale of liquor in the Districtof Columbia 
shall be repealed. 

Mr. HARRIS. No; all laws in respect to a limit. Let the 
section be read again. 

Mr. PLATT. Tho section distinctly states that the bill is in 
lieu of the present legislation in tho District of Columbia upon 
the subject, and that all laws inconsistent with the proposed act 
shall be repealed. 

Mr. GORMAN. Unquestionably. 

Mr. VOORHEES. Allow me to ask the Senator from Ten- 
nessee a question. I understand the amendment offered by the 
Senator from West Virginia [Mr. Faulkneb] establishing the 
half-mile limit was adopted. 



Mr. HARRIS. That is true. 

The VICE-PRESIDENT. That Ls correct. 

Mr. VOORHEKS. I undor.stand tb.at it !<> now nroTWicd to 
strikeout tho clause in w' • ' I in 

doing so it goes even bcv . ^i 

laws in relation to tho mi. .. ,,j 

the subject as if it had not bo. : '■^^^ 

Senator from Teuuosseo, with . ^y^. 

ledge, whether I am correct or iiicunx'cir ' ' 

Mr. HARUIS. That is precisely my imder^landlnL.- of tho 
ellectof ananirmativoilecisionuiwin th.> ;. ^..n- 

ator from Virginia j. Mr, Hunton], If- .\^ 

down, then tho law is k-ft with a In-"- • „;■ ,^ ,„, , ^^ n^in 

which no saloon can bo lioon,.ied or 1 

Mr. GOR.MAN. That is right. I '1, ,.',.i 

Tho VICE-PRESIDENT. Tho roll « lae 

to the amendment of tho Senator from '. , i\\ 

as amended. ' ■* 

-Mr. G.VLLINGEU. I desire to say a sinj-'lo word on thU mat- 
ter. Iho Committooon the Distri. • '<•'-• . ,^,j 

a bill that docs not cmnmaud my s ,.u. 

lar. and that is in tho last section, .,„• 

relating to tho mile limit of tho S.. 

Iieulod. All other liquor laws ar. .,,i 

statute oxcopt that one. A motion wus inaa.j lo a ,M»e- 

tion. Tho amendment submitted wun auKuidcd. wo 

took a vote upon tlie amended amoudnioiit. ! ' «ro 

vote that down it leaves tho section standiiii.' . In 

the printed bill, which is what 1 certainly wa to 

what I stated a moment ago, that an advoi>' 
tion leaves tho law ))reci8cly as it is at tho pi i iw 

tho Committee on tho District of Columbia havu riH.'uiuiiiundod 
that it shall remain. 

The VICE-PRESIDENT. Tho roll will bo called on ajfroo- 
ing to ilie amendment of tho Senator from Virginia (.\Ir. lluN- 
TON] as amended. 

Tho Secretary proceeded to call the roll. 

Mr. CULLOM (when hisnamo wa«callod). Tho Sonal'ir from 
North Dakota [Mr. Casey] has como into tho Chamber, I thoro- 
foro renew my jiair with tho Senator from IVdawaro (Mr.tJiiAYj 
and withhold my vote. 

.Mr. D.VWES (when his name was called). I am paired with 
the Senator from West Virginia jMr. PaUI.KNF.k]. 

^ir, PETTKIREW (when his name was calledU I am |>airod 
with thoSenator from West Virginia[Mr.C.\MDEN). If Imwotyj 
present I should vote " nay." 1 do not know how h<» would vote. 

Mr. SAWYER (when his name was called). I am pair, d with 
my colleague [.Mr. Vilas]. 

Jlr. WARRION (when his name was called). I am paiix-d with 
tho Senator from fJcorgia [Mr. Goudon]. 

Tho roll call having beenconcludod, the result wasannouncod— 
yeas 7, nays -14, as follows: 

YEAS-7, 
Harris, Power, Voor!i<^.«. 

Mills, 



Butler, 
Carey, 



Power, 
Turplc, 



Allison, 

Bate, 

Berry, 



O) 



Dubnl.s, 
FeUon, 
QalUnger, 



Blaclibum, _Jii Gibson, 

Call. ^ Gorman, 

Casey, _^ Hansbrough, 
Chandler, Hawley, 

Cockrell, 03 HlRglns, 

Coke. « Hill, 

Daniel, «" Hoar, 
Darts, Irby, 



NAYS-^l. 
Kvlo. 
McMillan. 
Mcl'h"r»'>n, 
Mandorsou, 
Mitchell. 
PiUldoeli. 
Piwco. 
Peffer, 
Perkins, 
Proctor, 
Pugh, 



Sh- ■ 

Squ 

Sl«' 

Si- 

Tei.ii , 

V»nc», 

Ve»t. 

Wuhbum, 

Wlloon. 



S»w-. T 

Slav,' : 
Vlll« 

WaUMi:, 
Warrca 
Whit*, 
WolcotU 



g NOT VOTING— 37, 

Aldrlch, -— ^Ixon, Jones, Arlf. 

Allen, -" Dolnh, .lonen, Nev. 

Blodcelt, 3 Faulkner, Lindsay, 

Hrlcc. f Prye, Morgan, 

Caltery, t_ George, Morrill, 

Camden, o Gordon, Palmer, 

Cameron, Ll Gray, Pottlgrow, 

Colquitt, Hale, Plait, 

Culloin, Hlscoclc, Qimr, 

Dawes, Hunton, Sanders, 

So Mr. HUNTON'S amendment waa rejected. 

.Mr. ALLISON. I ask that the section bo read a« it now 
stands. 

The VICE-PRESIDENT. The section will be road as it now 
stands. 

The Chief Clerk read as follows: 

Si:c. 'Jl. That this act shall ho In lieu of and a* asiih-tltulo for all oxUtln^ 

Laws and regulations In the Dlslrlci of i~'ni-;mMa In " 

distilled and fernunted liquors In tli- 
of laws Incdnslsieiu with ihl.s act, e- 
sale of llqwi)r wUhln I mile of the ^■ 
clared to bo amended by reducing the miut pr. '-r:! r 
of a mile from tho Soldiers' Home property, be, and they arc hereby, re- 
pealed. 



:ho 

1 ni f-,'iM :*• ' -■■ half 



2174 



CONGRESSIONAL RECOKD— SENATE. 



Eebeuaky 2,"), 



Mr. PEPFEB. Mr. President, I desire to oflfer an amend- 
ment. Am I in order? „, „ , . . t„ 

The VICE-PRESIDENT. The Senator is m order. 

Mr PEPPER. Before doing so, perhaps the amendment wiU 
be better understood it I am permitted to make a statement 

Mr. HANSBROUGH. Let the amendment be farst stated. 

Mr! PEPPER. In the first place, Mr. President—— 

Mr. HOAR. Before we pass from the matter which has been 
iusl announced from the desk,som6Senatorswouldlik;e to under- 
stand what the vote was which inserted in the text the halt-mite 
limit. Some Senators understand that that was adopted as an 
amendment to the amendment; and if so adopted, I inquire 
whether the amendment to the text stands unchanged.-' 

The VICE-PRESIDENT. The last vote was on the amend- 
ment to strike out certain language. 

Mr. HOAR. That was disagreed to by what vote. ;^ 

The VICE-PRESIDENT. That was disagreed to by a vote ol 
7 veas to 44 nays. , ,,^,. t ■* ;„ 

Mr. HOAR. By what vote did the language "the limit is 
hereby reduced to one-half mile " get into the bill.'' Was that 
proposed as a separate amendment to the bill, or only as an 
amendment to an amendiaout'.-' . 

Mr HARRIS. An r.:nendmont to the text of the bill m tne 
natiu-e of perfecting it before the vote was taken to strike out. 

Ur. HOAR. Thr.t .W v/hat i desire to find out. I was absent 

lor a short time. , ^ ^ ■ i t a^ 

Mr PEPPER. Before having the amendment v/hich i ae- 
sii-e to propose read at the desk, I ask the indulgence of the 
Senate lor a very brief period indeed, while I stat:?_its general 
purport, and offer suggestions by way of general legislation, not 
in t;ie nature of a speech. 

Mj'. HANSBROUGH. I hope the Senator will permit us to 

hav,' a vote on the bill to-night. There is a special order which 

comes up at 5 o'clock. , „ , .i „ f ,,„ 

Mr. PEPPER. I shall not detam the Senate more than a tew 

minutes, if Senators will be patient with me. 

Mr GALLINGER. While I should like, myself, to be very 
courteous to the Senator f r-om North Dakota, I wish to say to 
him that I have eight or ten amendments myself which 1 w isb 
to offer, and I may wish to say a word on some of them. 

T'le VICE-PRESIDENT. A special request has been made 
by the Senator from New York [Mr. Hill] that certain resolu- 
tions from the House of Representatives shall bs laid before the 
Senate at this time. . , 

Mr PEPPER. I would ask, however, if I am m order, tnat 
when the bill is taken up again I shall have the floor. 

Mr STEWART. I should like to give notice that on INlonaay 
morn'ino-, In the morning hour, I shall call up the pensiiin ap- 
propriation bill. I presume it will pass in the morning hour be- 
fore we reach the regular order. 

Mr KYLI'l Mr. President, I rise to a question ol privilege. 

The VICE-PRESIDENT. The Senator from South Dakota 

will state his question of privilege. „ ^, t^ , , „n„... 

Mr PEPPER. Will the Senator from South Dakota allow 

me 10 offer an amendment which I wish to propose and let it go 

over and be printed? 

Mr. KYLE. Certainly. 

The VICE-PRESIDENT. The order to print will be made m 
the absence of objection. ,, i, t 

M" KYLE Mr. President, I wish to say for myself tha„ my 
vote upon the last proposition introduced by the Senator from 
Vir >inia [Mr. Hunton], was upon the opposite side irom what 1 
intended it to be. In the discussion which took place here, 1 
understood that the amendment oflered by the Senator from West 
Vir dnia [Mr. Paulkner], was an amendment to the proposi- 
tion'olTered by the Senator from Virginia, and that it was not in 
the way ol perfecting the text. Therefore my vote should have 
been "yea" instead of "nay" upon the last proposition. 

EULOGIES ON THE LATE REPRESENTATIVE SPINOLA. 

Mr HILL I now ask that the resolutions from the House of 
Representatives relative to the death of the late Prancis B. 
Spinola may be laid before the Senate. ^. a * 

The VICE-PRESIDENT. The Chair lays before the Senate 
resolutions from the House of Representatives; which will be 

read. 
The Chief Clerk read as follows: 

7!, 'nhvd Tuat the trasiness of the House be now suspendeil that opportix- 
nify mavto u tren f o? tr^ to the memory of the Hon. Francis B. Spmolar 

latf. a Renre-^autatlve from the State of New York. , ,, j 

i^?ol Yrf Thai as a particular mark of respect to the memory of the de- 
cease and in reco<mltion of his eminent .ahilities as a distmgmshed pu-bho 
SCTvaut the llouse^t the conclusion of these memorial proceedings, shall 

%liteJrThaJthe Clerk communicate these resolutions to the Senate 

E^M, That the Clerk be instructed to send a copy ol these resolutions 
to the family of the deceased. 



Mr. HILL. I offer the resolutions, which I send to the desk. 
The VICE-PRESIDENT. The resolution will be read. 
The Chief Clerk read as follows: 

Jttsolm! That the Senate has heard with profound sorrow the annonnce- 
meut ol the death ol Hon. Francis B. Spinola, late a Representatave from 
the State of New York. ... . ., „, 

Jlesotred, That the business ol the Senate he now suspended m order that 

flttiug tribute be paid to his memory, . , ,, . , ,„,„„„,,.,„, 

Jtesolved That in the death of Gen. Spinola the cotmtry has lost a gall.mt 

soldier, an able and faithful Representative in Congress, and an esteemed 

and patriotic citizen. 

Mr. HILL. Mr. President, the resolutions passed by the other 
House durino- the last session of the present Congress duly in- 
formed us of the death of Francis B. Spinola, of New \ork, an 
honored Representative of that body. The delay m taking ac- 
tion thereon in the Senate has been occasioned solely by a mis- 
apprehension as to whose province it was to call up the resolu- 
tions and institute further action. The death of Gen. Spinola 
occurred before I took my seat in this Chamber, and he nav- 
hio- been of my own political faith my colleague kindly and courte- 
ously waited for me to take the initiative in the proceedings to 
approiiriat dy pay tribute to the memory of the deceased. 

The elaborate eulogies upon the character and public services 
of this distinguished citizen in the other House, which have al- 
ready been placed upon the reoordsof Congress, render my task 
a brief one. His immediate assooiates,with whom he had served 
in Conffress so long and acceptably, have in their able and lu- 
terostino- addresses described the incidents of his early life, the 
details of his successful business career, his political achieve- 
ments the laurels which he won as a soldier, his abilities as a 
debater and his many excellent qualities of mind and heart. 
Not caring to repeat what they have so fully_ delineated, I con- 
tent myself with a bare reference to the positions which he filled 
and honored, the triumphs which he secured, and the general 
characteristics of the man. _ 

Permit me to remark that few men in Congress have been 
more frequently or highly honored. He enjoyed along, varied, 
and brilliant public career, evidencing the full confidence of his 
fellow-citizens, and the general satisfaction with which he dis- 
chara-ed every public trust. He was alderman, supervisor, sev- 
eral times an assemblyman in New York, State senator, bnga- 
dier-"cneral of volunteers, and three times elected to Congress. 
His rise was not sudden. He did not jump from obscurity into 
exalted position, unprepared for the discharge of great duties 
No freak of fortune or of politics brought him to the front; but 
he was a plodder, a worker, a faithfid, industrious, and ener- 
getic citizen, and largely the architect of his own deserved suo- 

°^He was a partisan in the best sense of the term. He believed 
in his side. He regarded party organization as essential to 
Tjermaaent political success, and he never despis^ed the ladder 
which had repeatedly elevated him to power He ^f^ fjfo a 
patriot and a soldier. He was a fighter by nature and taste, he 
loved strife He was quick to resent a wrong, and always ready 
to forgive. He was impulsive, clear-headed, brave, and gener- 

"^He was not only true to his country-lie was true to his party 
and to his friends. He believed in personal friendships m public 
life and ho hatod his " enemies, persecuters, and slanderers. 

Comnetent military men and critics believe that had the right 
ODDortunitv occurred, he would have shown himself to be one of 
?he° i^at soldiers of the times. The records of his gallantry 
are found in the archives of the nation, and mthe general orders 
and reports of his superior officers. 

He ias audacious, courageous, and fii^m, and was apparently 
"born to command.-' He loved his soldiers, and they m turn 

^""llilr^ord in Congress was most creditable He was a ready 
debater, quick at repartee, full of sarcasm, and hada keen ap- 
preciation of the humorous. It is s.ife to sa^" that m Congress 
ho was able, alert, patriotic, and zealous in the performance of 
his higlfand resjJoLible duties.. His friends believed m him- 
loved honored, and respected him. . 

i kn-w him as a leading citizen of New York, as a prominent 
and trusted business man. I knew him as an eminent member 
of the Leo-islature. I knew him to be a true friend. _ 

Columirs of eulogy arc not needed to show our appreciation of 
his puX and private services, or to evidence the loss we \ave 
sustahie din hii departure. He has fought the good fight and 
o-one to his reward. A good man has fallen, and the people 
mourn More brilliant, more able, more renowned men have 
To rned seats in the Congress of the nation: but none niore pa- 
triotic, none more sincere, none more trustworthy than Prancis 

^ Mr 'mSCOCK. Mr. President, Gen. Spinola was a marked 
eharactei i^ the Stat^ of New York where he was bom and lived 
all Ms life, the State he represented in the other branch of Con- 



1893. 



CONGRESSIONAL RECORD— SENATE. 



'2'20l 



Mr. CALL. It has no reference to it. That part of the ffrant 
was disposed of by the State of Florida years ago, so far as the 
grant fromPensacola to the Alabama boundary line is concerned; 
and there never has been any contention as to that part of the 
grant. This simply suspends the approval to which there is not 
a particle of title, as to which there has never been any disposal 
by the State of Florida. They are lands in some places where 
no railroad has ever been or can ever bo built, where Ihe road 
under the existing charters is prohibited by the law of the State 
from being built, and the joint resolution suspends the approval 
of these grants just as the act of 1802 does in the terms I have 
read. 

It was in the appropriation act of 1892, which expires on the 
1st of July; and I ask that this joint resolution may be passed in 
order that it may be continued until further action can be had 
by Congress. The joint resolution proposes to e.xtend an exist- 
ing law and nothing more. 

Mr. VILAS. Mr. President, I understood the Senator from 
Florida to say (perhaps I was mistaken in understanding him) 
that the joint resolution has no relation to any State but Florida. 

Mr. CALL. It is so intended. It is intended not to have re- 
lation to any other State. 

Mr. VILAS. By its terms it relates to every State in the 
Union and to all grants of swamp or overilowed lands, or to 
railroads 

Mr. CALL. Will the Senator allow me to ask him what he 
refers to by its terms':' Does he refer to the title? 

Mr. VILAS. I refer to the joint resolution as it was proposed 
to be adopted. 

Mr. CALL. I speak of the joint resolution as it is now 
amended. 

Mr. VILAS. I understand the Senator from Oregon to have 
moved an amendment and the Senator from Arkansas to have 
moved an amendment, which may and probably will have the 
effect of limiting it, as the Senator from Florida, as I understood 
him, stated it originally was intended to be; but 

Mr. CALL. I should be very glad if the Senator will suggest 
any other amendment he desires. 

Mr. VILAS. I should like to inquire of the Senator whether 
there has been any communication from the Interior Depart- 
ment or the Land Office on the subject which is embraced in the 
joint resolution. 

Mr. CALL. I do not know that we need any communication 
from the Land Oflics in reference to the extension of an existing 
law. The Senator himself incorporated in the amendment which 
was put on the sundry civil appropriation act two or three days 
ago this very provision. It provided that no part of the money 
appropriated by that act should be applied to any land embraced 
in these grants. 

Mr. VILAS. It is right there I think the Senator is a bit in 
error. This joint resolution does not relate to the same subject 
that the act from which the Senator has read relates if I am not 
incorrectly informed in regard to it. That act was one making 
appropriations for surveys of lands in grants 

Mr. CALL. No, sir. 

Mr. VILAS. Was it not? 

Mr. CALL. No. 

Mr. VILAS. Does not the Senator read from the sundry civil 
appropriation act last year 

Mr. CALL. I do. 

Mr. VILAS. The proviso relating to the State of Florida 
which was recently incorporated in another similar appropria- 
tion in the sundry civil appropriation bill. 

Mr. CALL. I do. 

Mr. VILAS. He reads from that sundry civil appropriation 
act of last year? 

Mr. CALL. Yes. 

Mr. VILAS. It related only to the application of the appro- 
priatian for surveys of lands in Florida granted 

Mr. CALL. I beg the Senator's pardon. 

Mr. VILAS. If I am not in error. 

Mr. CALL. The Senator is in error. I will read the act. 

Mr. STEWART. Mr. President, this is evidently going to 
lead to debate, and I shall have to renew my motion to take up 
the pension appropriation bill. I make that motion. 

Mr. VILAS. There is a motion pending to commit the joint 
resolution to the Committee on Public Lands. 

Mr. STEWART. That will involve debate. 

Mr. MITCHELL. If the joint resolution is to either go over 
or to be referred, I ask that it be printed as modified. 

Mr. CULLOM. I bojjc it will be referred. 

Mr. HARRIS. I hope the Senator from Nevada will allow the 
joint resolution to be referred to the Committee on Public Lands 
now. Otherv/ise we shall have half an hour to-morrow morning 
and every other morning taken up with suggestions about this 
measure. 



Mr. >IITCHELL. If the Senator will allow me to mako oao 
suggestion in this connection, I do not undei-staud that either 
tno bonator from Florida who intro<i\ic-,l th.. -..int i-,is..l,.'!..n or 

any other Senator on the " 

of the joint resolution, s 
inal form it will bo regai u 
as an intimation to him, even i 
tee. Therofore, I ask the uuiii 
the Senator from Florida modifv !i 

tfi 



the amendment proiiosed.and then 
ferred to the coniinitto.-. 



!irt 

■iff. 

ior 

.it- 
' :iat 

i-y 

ro- 

iiiniLlC'*. 

^m""" ^'JlJ'^X-,.,J','"^''''"*^'^''y'^°"''"'ende(l iu thai parilcular. 
The VICE-PUKSIDENT. The amendmont haeolfoady W 
agreed to. ■^ 

Mr. HARRIS. I hope the joint resolution will bj r«.-(urred 
now, and the committee can deal with it when tho oommiltM 

gets it. 

ThoVICE-PRRSIDENT. Isthero objection to tho suifijc.KUon 
of tho Senator from Tennessee? 

Mr. MITCHELL. I understand the amondmento have bova 
accepted and adopted. 

Mr. CALL. 1 shall oppose that roforonce. 

The VICE-PUKSIOKNT. The question is on tho motion of 
the Senator from Nevada [Mr. Stewaut). 

Mr. CALL. I believe I have tho lloor upon the motion to re- 
fer. 

The VICE-PRESIDENT. Tho appropriation bills have tho 
right of way. The Chair understands the Senator from Nin-ada 
to move to proceed to tho consideration of the poiision a|>pru- 
priation bill. 

Mr. CALL. Then I hope the Senator from Nevada will with- 
draw the motion for the pres^ent. 

Mr. CULLOM. He can not alTord to do it. 

Mr. CALL. Mr. President, I want tho Senate i<i li.iv ihis 
matter fully understood, and if this joint resolution l» to Ikj voted 
down, contrary to the request and the voice of tin? State of Flor- 
ida, in the interest of corruntlon and plunder and of brlK-rv and 
fraud, I want it done. I charge here, in my plaoo u)>on Ihia 
floor, that the approval of tho."e lands is fraudulent and i)roilucod 
by corrupt methods, and I am ?-espimsible for the charter-. It is 
true I have seen no money paid. noimpro|>er indueemonts (fiven 
for this action, but I know there is not a vestige nor a shadow 
of law to authorize it. 

Repeatedly tho people of tho State of Florida by a majority 
of their Ix^gislaturo have declared that there hn.s"txscn no dis- 
posal of these lands. Repeatedly have lar>ro majoriticH ii( that 
body called attention to the fact that tho apin-oval of th.-w lands 
was fraudulent. Repeatedly ha.s it been declared ec- 

ords of the Land Ollice hero that the poor nenple if to 

being turned out of their homes by fraudulent eonfj..! ..■ :. ~ nere 
in the administration of the law. 

I have the resolution of tho Legislature here passed by a largo 
majority two years ago or four years ago. which however did not 
become a law because it was in the very last hours of the Miswion, 
but it carried with it a very largo majority of both bninch'S of 
thatlo.ly, and now when I come here, after having in tlio last 
Congro-s obtained the passage of a law prohibiting the use o( 
anj' ])ublic money for that i)urpose, I lind objection made. In 
whose interest is this objection? In the interc-it of the fraudu- 
lent consjiirators who destroyed tho rights of the poor people 
who have been the occupants of that land. 

It IS ill the interest of the land speculators: and when I chal- 
lenge tho production of a law which justifies this, when the act 
of Congress requires the disposal by the Legislature of the State 
of Florida and nodisjiosal can be found, what is it that imlucoa 
Senators to arise here andobjeet even to a suspension until Con- 
gress can take further action? 

The Senator from Wisconsin said that tho act which con- 
tained this provision has no relation whatever to these grants. 
Let me read it and see: 



For tlie sm-voy of tUopiihllc ' 
inacto by ("oiij^ress to :il(l in th-' 
lh'_'roIn of such lanits :is ar',' k>' 
the Interior to carry out tin' pii 
1S.X7. emliled 'An act to i]r..vlile for llu> a I 



lilts 



vi.4..u.. 



v1t!iln 111- ' 
!i ct railri> . 

'..r. I ■ • n . .- of 

1 3, 
by 
CoiiKTess lo aid In the I'. instruction of rai- ••of 

unearned lan'Ju. aud for other purposes," belii^ ch.i;j:cr IIT'J uf \ olunie -4 of 
itie Statutes at Large, page iioo. SfJo.OOO. 

What does that mean, I will ask the Senator, " for the selection 
and adjustment of these lands"underanact uf ( 'engross embrac- 
i'.i;,' all railrcad grants? The proviso attached to that is: 

I'i:>i-vtfJ. That no p.-irt of this siimot money shall iMOsed for any land cm- 
bra'-ed iu any ^raut to the State of Florida. 

There can be no clearer case. It is existing law. I under- 
stand that, notwithstanding this law ])ositively prohibiting it, 
there have been approvals of these lands to the detriment of tho 
honest settlers and occupants of the land in the State of Florida. 



3202 



CONGRESSIONAL RECORD— SENATE. 



Eebruaey 27, 



In the face of this law— corruptly, no doubt, tor it could nothavo 
been honestly done — by corrupt methods, in defiance of that 
provision of the law, there have been approvals of these lands 
to the detriment of the honest people of Florida as the occu- 
pants of the lands. Therefore, i ask the passage of the joint 
resolution, which simply suspends action until Congress shall 
adont some further legislation. 

M"r. MANDERSON. I hope the question will be put on the 
motion to refer. 

The VICE-PRESIDENT. The question is on the motion to 
refer. 

Ml. CALL. I hope the motion will not prevail, Mr. Presi- 
dent. I call attention of Senators to^the fact that a motion to 
refer means to kill the Joint resolution and to protect the fx-auds 
to which I allude. 

The VICE-PRESIDENT. The question is on the motion to re- 
fer the joint resolution to the Committee on Public Lands. [Put- 
tins' the question.] The ayes appear to have it. 

Mr. CALL. I ask for the yeas and nays. 

The yeas and nays were ordered; and the Secretary proceeded 
to call the roll. 

Mr. DIXON (when his name was called). I am paired with 
the Senator from Mississippi [Mr. Walthall]. 

Mr. FAULKINER (when his name was called). I am paired 
with the senior Senator from Rhode Island [Mr. Aldrich]. 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. Dolph]. If he were present, I 
should vote "nay." 

Mr. QUAY (when his name was called). I am paired with the 
Senator from Alabama [Mr. Morgan]. 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. Colquitt]. 

The roll call was concluded. 

Mr. CASEY (after having voted in the afhrmative). I have a 
general pair with the Senator from Florida [Mr. Pasco]. Ashe 
is nut present, I withdraw my vote. 

Mr. CULLOM. I am paired with the Senator from Delaware 
[Mr. Gray]. Not seeing him present, I withhold my vote. 

Mr. GEORGE. I announce for the day, and shall not repeat 
it, that my colleague [Mr. AValthall] is confined to his home 
by illness, and is detained from the Senate on that account. 

The result was announced — yeas 2.j, nays 31; as follows: 









YEAS-25. 




Brice. 




Harris, 


Morrill, 


Vilas, 


Carey, 




Hawley, 


Piatt, 


Washburn, 


Dawes, 




Hiscock, 


Power, 


White, 


Felion, 


.f 


Ho.ar, 


Sawyer, 


Wolcott. 


Frye, 


X 


McMillin, 


Shoup, 




Hale, 


03 


Manderson, 


Stewart, 




HansbrouglC^ 


Mills. 


Teller. 






^— 




NAYS-31. 




Bate, 


QD 


Davis, 


Jones, Ai'k. 


Perkins. 


Berry, 


03 


Dubois, 


Kyle. 


Pugh, 


Bloacrett, 


CO 


Galliuger. 


Lindsay 


Squire, 


Butler, 




Gibson, 


McPliersou. 


Turpie, 


Call, 


•4-^ 


Hijrgins, 


Mitchell, 


Vance, 


ClianOIor, 


o 


Hill, 


Paddock, 


Vest, 


Coke. 


Oi 


Hun ton. 


Palmer, 


Voorhees. 


Daniel, 


lo' 


Irby, 


Peffer, 






=3 
00 


NOT VOTING— 33. 




Aiarich, 


Cockrell, 


Gorman, 


Ransom, 


Allen, 


c- 


Colquitt, 


Gray, 


Sanders, 


Allison, 


o 


CuUom, 


Jones, Nev, 


Sherman, 


Blackbura 


u. 


Dixon, 


Morgan, 


Stanford, 


Caffevy, 




Dolph, 


Pasco, 


Stockbridge 


Camden, 




FaulUnei", 


Pettigrew, 


Walthall, 


Cameron, 




George, 


Proctor, 


Warren, 


Casey, 




Gordon, 


Quay, 


Wilson. 



So the motion to refer was not agreed to. 

The VICE-PRESIDENT. The joint resolution is before the 
Senate, as in Committee of the Whole. 

Mr. WOLCOTT. I should like to have the joint resolution 
reported as amended. 

The VICE-PRESIDENT. The joint resolution will be re- 
ported as amended. 

The Chief Clerk again read the joint resolution as amended. 

Mr. WOLCOTT. I have not a very definite idea as to the 
character or scope of this joint resolution, but I do know that 
some time ago in the Committee on Private Land Claims, of 
which I happen to be a . member, there came a general discus- 
sion concerning these lands. 

My impression of the subject is that the Interior Department 
recognizes the validity of certain appropriations of land, and 
that year after year the survey of thosa lands has been prevented 
by Congressional interference. I understand that there is some 
local contest in Florida, the extent and nature of which I do not 
know, that persons connected with some of the railroads were not 
in favor of certain other people who wantod to come to the Sen- 
ate, or who wanted to hold other offices; that it is some sort of a 
local fight, and what we are asked to do is to interfere with the 



officers of the Department of the Interior in the clear perform- 
ance of their functions in carrying out the law, and wo seek to 
interfere with them, not by p'assing any legislation which de- 
clares thatlaw to bo invalid, but simply to tie their hands so that 
they may not be permitted to do what the law directs. 

I think, Mr. President, that a ujatter of this kind, which in- 
volves a large acreage of land, ought by every rule of good leg- 
islation to go to some committee which is competent to tell this 
body what its duty is in the premises. We have had nothing 
but the most vague statements as to what is the state of the case. 
We are not advised as to the merits of the question. There are 
certainly rights of somebody here, which are being interfered 
with in some fashion; and I think we are entitled to have some 
competent committee pass upon this question, and not have a 
joint resolution, which involves thousands and hundreds of thou- 
sands of acres of land dealt with by the Senate in the morning 
hour, with nobody to give us an intelligible explanation of what 
the situation is. 

I have no personal knowledge on this subject. I do not know 
the name of the railroad company, and I do not know the loca- 
tion of the lands. I have never been in Florida but once; and, 
if the Lord will forgive me, I shall never go there again. I do 
not know anything about this subject, as I have said, but I do 
know that wo are, in the morning hour, interfering with the due 
and intelligent course of legislation without any sort of explana- 
tion as to why we are called upon to vote in favor of requiring 
the officials of the Interior Department to suspend the very ex- 
ercise of their duties forwhich theyare installed in their offices. 

Mr. STEWART. I move that the Senate proceed to the con- 
sideration of the pension appropriation bill. 

The VICE-PRESIDENT. The question is on the motion o. 
the Senator from Nevada. 

Mr. CALL. Let me say a word before that motion is put. 

Mr. STEWART. It will lead to an interminable debate. 

Mr. CALL. I ask the Senator to allow me to say a word? 

The VICE-PRESIDENT. Docs the Senator fromNevadayield 
to the Senator from Florida? 

Mr. STEWART. For what length of time? 

Mr. CALL. For five minutes. 

Mr. HARRIS. I wish to ask, if the Senator yields to the Sen- 
ator from Florida, will he not be bound to yield to any other 
Senator who wants five minutes? 

Mr. STEWART. I will not yield to any other Senator. I 
yield five minutes to the Senator from Florida. 

Mr. CALL. Now that the Senator from Nevada [Mr. Stew- 
art] has submitted his motion, he is gracious enough to yield 
to me for five minutes. I thank him, however, for the five 'min- 
utes, though I have listened to him a great many times for more 
than five minutes. [Laughter.] 

Mr. President, I regret that the State of Florida has sustained 
the greatlossof not having theSenatorfromColorado[Mr. WOL- 
COTT] in that State but once, and I regret still more the great 
loss to the people of that State which will result from his never 
going there again; but we have to bear the ills of life as best we 
may, and I think the people of Florida will survive without the 
presence of any Senator, however great he may be, who defends 
the corporation frauds which have passed the whole of the pub- 
lic lands into the possession of unscrupulous speculators and fraud- 
ulent conspirators against republican government and the people 
who ai-e to cultivate the soil. 

There is no excuse for the statement of the Senator. If he 
had been attentive to his public duties and considered the rec- 
ords of this body he woidd have known the history of this grant. 
Four times has this resolution in different forms passed the Sen- 
ate by a large majority, declaring that those lands should not be 
approved, and asking the other body to concur in this action. 
The same argument has been made and met and decided by a ma- 
jority of the votes of the Senate. It is now the existing law of the 
land, and I have asked that it shall be continued until Congress 
shall take some further decisive action. 

The courts are open to these corporations. They have money. 
Who is the Senator who undertakes to say that the poor settler 
upon the public lands shall be turned out of his liome because he 
has not money to litigate his case against great corporations? 

I say here now that this whole thing is a fraud, a flagrant 
fraud. The late Mr. Dickerson, who was one of the beneficiaries 
of this grant, as the records of the United States courts show,stated 
upon his oath that the principal agent in the selection of these 
lands had withheld fraudulently from the corporation, of which 
he was the president, $(3,000 upon the pretense that he had used 
it to corrupt Senators of the United States to prevent the con- 
firmation of the grant. That stands upon the records of the At- 
torney-Generals office to-day, and has been repeatedly stated 
by me here, and printed in my speeches and circulated over the 
country. 

There is no excuse for a Senator defending this actioa; there 



1893. 



CONGRESSIONAL RECORD— SENATE. 



'2-2m 



Mr. HAXSBROUGH. I yield to the Senator from Texas, pro- 
^'vJ^V^^i^^i?/® T° debate on the measure he proposes to call up. 
f ti,'"'i -nl^F'T, .,??,^. ° fc'enate to proceed to the consideration 
of the bill (H. R. 3G2t)) to grant to the Gainesville, MeCallistor and 
St. Louis Railvvay Company a right of way through the Indian 
Territory, and for other purposes. 

1 will state that when the bill came to the Senate it was re- 
ferred to the Committee on Indian Affairs and was reported back 
unanimously without amendment. 

By unanimous consent, the Senate, as in Coramittso of the 
Whole, proceeded to consider the bill. 

The bill was reported to the Senate without amendment, or- 
dered to a third rjading, read the third time, and passed. 

EUGENE WELLS. 

Mr. HANSBROUGH. I yield to the Senator from Missouri 
[Mr. Vest]. 

Mr. VEST. I ask the Senate to proceed to the consideration 
of the bill fS. 2782) to restore Eugene Wells to the Army. 

By unanimous consent the Senate, as in Committee of the 
Whole, proceeded to consider the bill. It authorizes tho Presi- 
dent of the United States to nominate and, by and with the ad- 
vice and consent of the Senatt, appoint Eugene Wells, late cap- 
tain Twelfth Infantry and second lieutenant First Artillery, a 
second lieutenant of artillery in the Army of the United States; 
and provide that when tfo appointed ho shall be placed upon tho 
list of retired officers of the Army, on account of disabilities in- 
curred in service during the war"of tho rebellion. 

The bill was reported to the Senate without amendment, or- 
dered to be cngross.-d for a third reading, read the third time, 
and passed. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by -Mr. T. O. 
TOWLES, its Chief Clerk, announced that tho House had passed 
a bill (H. R. 10415) making appropriations for current and con- 
tingent expenses, and fulfilling treaty stipulations with Indian 
tribes for fiscal year ending .Tune 30. 1894, in which it rccjucsted 
the concurrence of the Senate. 

The message also announced that the House had agreed to the 
amendment of tho Senate to the bill (H. R. 9350) to promote the 
safety of employes and travelers upon railroads by compelling 
common carriers engaged in interstate commerce to equi]) their 
cars with automatic couplers and continuous brakes and their 
locomotives with driving-wheel brakes, and for other purposes. 
ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House 
had signed the following enrolled bills, and they were thereupon 
signed by tho Vice-Pi'esident: 

A bill (S. 3386) to authorize the Montgomery Bridge Company 
to construct and maintain a bridge across the Alabama River 
near the city of Montgomery, Ala.; 

A bill (H. R. 8077) to remove a cloud from the title to certain 
real estate in the city of Crawfordsvillo, Tnd.: 

A bill (H. R. 10345) making appropriations for the payment of 
invalid and other pensions of the United States for the fiscal year 
ending June 30, 1894, and for other purposes; and 

A bill (H. R. 10363) to remove the disabilities of William F. 
Robinson, a citizen of the State of Alabama. 

HOUSE BILL REFERRED. 

The bill (H. R. 10415) making appropriations for current and 
contingent expenses, and fulfilling treaty stipulations with In- 
dian tribes, for fiscal year ending Juno 30, 1894, was read twice 
by its title, and referred to the Committee on Appropriations. 

LIQUOR TRAFFIC IN THE DISTRICT OF COLUMBIA. 

Mr. HANSBROUGH. I ask that the unfinished business bo 
proceeded with. 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (H. R. 10266) regulating the sale of intoxi- 
cating liquors in the District of Columbia. 

MrrHARRIS. I ask the Senator from North Dakota to allow 
me to request the unanimous consent of the Senate to consider 
at this time House bill 9956. It is the Little Washington Burnt 
Mills and Sandy Springs Railroad charter. 

Mr. HANSBROUGH. I have endeavored to be as courtooui 
as possible to Senators. I do not desire to bo rude at this time 
to any Senator, but I must decline to yield any further because 
this bill is pressing and various members of the Appropriations 
Committee are urging me to get through with it. 

Mr. HARRIS. I beg to assure the Senator that I shall not con- 
sider his declining as a rudeness, but tho people interested are 
very an.xious to have this bill passed so as to enable them to con- 
struct a mile and a half of railroad in the District of Columbia 
to connect with the Maryland road. 

Mr. HANSBROUGH. I have declined to yield to other Sen- 
ators and I must insist on going on with tho license bill. 



I desire to offer acommitteo amendment tosection 12, on page 
9. Aft.r the word ••,■■.•. - ^ ■ }„ ^w 5 I move to Insert: ' ^ 



Mr. GALLINGKR. iroading that, I ri 
inis IS a very important m--ns;rc and ■ 
quorum present. I : 

Thel'RKSIUIXG 
The Senator from 



quorum. The roll will be called 
Tho Secretary called tho roll, 
swered to their names: 



:il-;.ir. 



■ 'f order. 
• y not a 

KR In the vbair). 
L'>t4i tho want of a 



and tho following Souaiore i 



Bate, 

BeiTy, 

BLiokburu, 

Butier. 

Calliry, 

Call, 

Carey, 

C.-VHey. 

Ch.'intller, 

Cockrell, 

Coke, 

Cullom, 

Danlrl, 

Dawes 



Dubois. 

I'^aulkner, 

FelloD. 

Frye, 

Ualllngcr, 

Cieort'e. 

Hale, 

HaDBbroiigb, 

Harris. 

Hawley, 

Hlgglns. 

Hill. 

HLseook, 

Hoar, 



Uunton, 

Irby, 

Kyle, 

Lfnil'-ay. 



'-I'. mil, 

Palmer, 

Paiico, 

I'eOer, 

I'erkluii, 

Plait. 

Power, 



Proctor 
Ouav 

Sli. : . . 

Sli,.',;. 

S<|Ulre. 

Stoekbrldtfo, 

TeUer. 

Vanoo. 

WiuTen. 

Wlilt», 

WlUon. 

Wolcoit. 



The PRKSIDING OFFICER. Fifty-four Senators havo an- 
swered to their names. Tho amendment of the Senator from 
North Dakota will be stated. 

The Secketaky. In paction 12, lino 5, after tho word " pro- 
vided," insert: 

Or any person who shall cnRaKo In such Dale In any Mrtlon .r lu- .1:mi|.-i 
where the sale thereof 1.S prohlblUMl. 

The amendment was agreed to. 

Mr. HANSBftOUGII. On pago 10, m.-ciH,!i l,,, im.' ., aH.-r 
the word "such" 1 move to insert tho word "lino." Tho amend- 
inont is simply to correct the language of the section. 

Tho amendment was agreed to. 

Mr. HANSBROUGH. In tho same section, lino H. ofwr tho 
\yord " minor," I move to insert " under 16 years of aco," and In 
line 17 of that section I move to strike oiit tho wohIh "under 
age of sixteen;" so as to read: 

That no minor umlor l« years of bro Hhall be allowed to enter »nr iiloce 
where lUiuors are sold other than a hotel without Ibe cmw-ni..! n.. , 'r^i.i 
or guarUian of such minor. 

That is simply a correction of tho language. 

The amendment was agreed to. 

Mr. HANSBIJOUGH. I understand that Ihoro aronutnoroua 
amendments to be ollorod to tho bill, and I ask unanlmouH con- 
sent that tho debato on the bill and amendments bo limited to 
five minutes. 

The PRESIDING OFFICEIl. The Sonat-ir from North Da- 
kota asks that the debate on tho amendments and tho Mil now 
before the Senate for consideration bo Umitod to five mlnutoa. 
Is there objection? 

Mr. CiALLINGER. I object. 

The PRKSIDING OFFICER. Tho Senator from Now Hamp- 
shire objects. 

Mr. HANSBROUGH. That being tho case, I inovo that a 
vote upon the bill bo taken at 3 o'clock. 

Mr. GALLINGER. I object. 

Tho PRESIDIXG OFFICER. Tho Senator from North Da- 
kota asks unanimous consent that a vote upon tho bill and tho 
amendments be taken at 3 o'clock. 

Mr. GALLINGER. To that I obioct. 

Tho PRESIDING OFFICER. The Senator from Now Hamp- 
shire objects. 

Mr. PEl'''FER. I olTor an amendment to ba Insortod at tho 
end of line 32, in section 8. 

The PRESIDING OFFICER. Tho amendment will b.) read. 

The Secretary. At the end of section «, on page x, Imtort 
the following proviso: 

Provided, That no screens, tables, chairs, ntandn, or my 

description, except tho bar llxnir.-". '.1i:i;i !-• )<■■]•'. .t :ii. 

saloon, or other t)lace where Ur 
imder the provisions of this .t. 
curtaining, or other moans u-' 

InK the view from the omslde tl.' i i<- 

authori7.c<l to be sold by tlio prnvl.si or 

maintained within one-fii;irrii (^f :i • -"^ 

llplous wor.^hlp. or bnlM ; 
public service: J'roride i 
to sell any of such Ihiu-'i 

altv ot forfeiture of his or iiT ii-ci; e, ii a:,:- •■\i~: ,Miy j- '.^ 

agalu.st the foregoing prortslons shall bo llafilo to a furthar , ' )« 

for e.ach offense. 

Mr. HANSBROUGH. I movo to lay the amenduicat on tho 
table. 

Tho PRESIDING OFFICER. Tho Senator from North Da- 
kota moves to lay the amendment of tho Senator from Kansas 
on the table. 

Mr. PEFFER. Mr. President 



XXIV- 



-139 



2210 



CONGRESSIONAL RECORD— SENATE. 



Februaky 27, 



The PRESIDING OFFICER. The Chair will call the atten- 
tion of the Senator from Kansas to the fact that a motion to lay 
on the table is not debatable. ^ -, , , v,„i„+v,„ 

Mr PEFFER. I understand, and I do not wish to debate the 
Question I simply want to appeal to the Senator from North 
Dakota to permit me to make a very brief statement. 

Mr. HANSBROUGH. I withdraw the motion for that pur- 

^°The PRESIDING OFFICER. The Senator from North Da- 
kota withdraws the motion to lay the amendment on the table. 

Mr HAHRIS. Mr. President, we have but five days remain- 
in"- of this session and very much public business to be disposed 
of "unless we force an extra session. I move to lay the amend- 
ment on the table, and I shall not withdraw the motion. 

The PRESIDING OFFICER. The Senator from Tennessee 
moves to lay the amendment submitted by the Senator from 
Kansas on the table. , , , j t.. 

Mr. GALLINGER. On that I ask for the yeas and nays, it 
is an important matter. - , , 

The yeas and nays were ordered, and the Secretary proceeded 
to call "ftie roll. „ , ^ ■ i -ti 

Mr. CDLLOM (when his name was called). I am paired with 
the Senator from Delaware [Mr. Gray]. . , •„ 

Mr. DIXON (when his name was called). I am paired with 
the gentleman from Mississippi [Mr. Walthall]. 

Mr. QUAY (when his name was called). I have a general pair 
with the Senator from Alabama [Mr. Morgan]. 

Mr WILSON (when his name was called). I have a general 
pair With the Senator from Georgia [Mr. Colquitt]. I am 
satisfied that if he were present he would vote "nay." I there- 
fore vote ''nay." 

The roll was concluded. 

Mr. CAMDEN. I am paired with the Senator from South 
Dakota [Mr. Pettigkew]. 

Mr. GEORGE. I have a general pair with the Senator from 
Oregon [Mr. DolphJ. I make that announcement for the day. 
He fs sick and not able to be present, and I shall not vote, being 
paired with him. 

The result was announced— yeas 39, nays 15, as follows: 

YEAS— 39. 

Bate Faulkner, Kyle, Proctor, 

Berrv Felton, Lindsay, Ransom, 

Blackburn, . Hansbrough, McMillan, Sawyer, 

Brice, X Harris, McPlierson, Turpie, 

Butler, 03 Hawley, Mills, Vance, 

CaSery, "O Higglns, Mitchell, X^^'v 

Call C Hiscock, Morrill, Voorhees, 

Cookrell, — Hunton, Palmer, S'^}'^' . 

- ■ ■ Irby, Pasco, Woloott. 

Jones. Ark. Power, 

NAYS -15. 

Prye, Perkins, 

Galllnger, Piatt, 

Hoar, SUoup, 

Peffor, Squire, 

-^ NOT VOTING— 34. 

AWvicli, a» Davis, HUl, Sliermau, 

AUou c_ Di.xou, Joues. Nev. Stantord, 

AJlisou, fe Dolph, Manderson, Stewart, 

Blodsett, i7_ Goorse, Morgan, XJ'"1?; „ 

Camden, "- Gilxsou, Paddock. Walthall, 

Cameron, Gordon. PetUgrew, Warren, 

Col--c, Gorman, Pugh, Washburn. 

Cokimtt, Gray, Quay, 

CuUom, Hale, Sanaers, 

So Mr. Peffer's amendment was laid on the table. 

Jlr. GALLINGER. In line 29, section 5, it is provided that 
any established hotel or tavern having twenty chambers shall 
bo considered a hotel. I offer an amendment to that line and sec- 
tion. 

The PRESIDING OFFICER. The amendment will be stated. 

The Secretary. On page 5, section 5, line 29, strike out 
" twenty "and insert "at least fifty;" so as to read: 

Tli.it any established hotel or tavern having at least fifty chambers for 
lod','iug guests shall always have the right to obtain for itseit a license for a 
b.irroom, etc. 

Mr. HANSBROUGH. I move to lay the amendment on the 
table. 

Tiie VICE-PRESIDENT. The question is on the motion of 
the Senator from North Dakota to lay the amendment of the 
Senator from New Hampshire on the table. 

Mr. GALLINGER. I ask for the yeas and nays on that mo- 
tion; and by unanimous consent I will say that I have no dispo- 
sition to delay the consideration of the bill, and will not do so if 
the Senator in charge of it exercises the usual courtesy of allow- 
ing amendments to be voted upon. 

The VICE-PRESIDENT. Is the demand for the yeas and nays 
seconded? 

Mr. Mc^IILLAN. I ask the Senator from North Dakota to 
withdraw the motion. Wo want to pass the bill. It is a very 
important bill for the District. 



Daniel, gj 

Dubois, 03 

CO 

Carc-y, .^ 
Casey, o 

Chnndler, aj 
Dawes, -^^ 



Stookbridge, 

TeUer, 

Wilson. 



Mr. HANSBROUGH. I will withdraw the motion if the Sen- 
ator from New Hampshire will agree not to occupy the remain- 
der of the present session in objecting to the passage of this 
measure. 

Mr. GALLINGER. I will exercise my constitutional right to 
olTcr amendments, and, if I think they are sufficiently important, 
to brielly debate them. Otherwise the Senator can exercise the 
power ho has here of prohibiting me from doing both, I presume, 
at least of preventing me from debating anything. 

Mr. HAi^BROUGH. I withdraw the motion to lay the 
amendment on the" table. 

The VICE-PRESIDENT. The question is on the amendment 
of the Senator from Now Hampshii-o [Mr. Gallinger]. 
Mr. HARRIS. Let the amendment be read. 
The Secretary. In line 29, .section 5, before the word 
"chambers," strike out "twenty" and insert "at least fifty;" so 
as to make the proviso read: 

Provided, That any established hotel or tavern having at least fifty cham- 
bers for lodging" guests shall always have the right to obtain for itself s 
liceuse for aliaiToom. etc. 

The VICj2-PRESIDENT. The question is on agreeing to the 
amendment. 
Tlie amendment was rejected. 

Mr. HOAR. I offer, to come in at the end of the bill, the fol- 
lowing proviso: 

Provided further, ThM n Shan be unlawful for any person to sell any in- 
toxicating liquors to any inmate of the Soldiers' Home under penalty of 
forfeiture of his or her liceu-;e, if any exists. Any person offending against 
the foregoing provision shall bo liable to a further penalty of SlOO tor each 
offense. 

Mr. President, I wish to say only one word on the amend- 
ment. The Senate is thoroughly committed to the principle 
that selling liquor to the inmates of the Soldiei-s' Homo ought 
not to be encouraged or permitted. You put them under guard- 
ianship if you declare they shall not be within half a mile of 
their home, and they are persons we all know who need guard- 
ianship in that respect. 
Mr. HANSBROUGH. I accept the amendment. 
The VICE-PRESIDENT. The question is on agreeing to the 
amendment of the Senator from Mas.sachusetts [Mr. Hoab]. 

The VICE-PRESIDENT put the question, and declared that 
the amendment was agreed to. 

Mr. GALLINGER. 1 wish to offer another amendment 

Mr. VEST. Was the amendment of the Senator from Massa- 
chusetts adopted';' 
The VICE-PRESIDENT. The amendment was adopted. 
Mr. VEST. I should like to have the yeas and nays upon it, if 
that is possible. 

The VICE-PRESIDENT. Is the demand for the yeas and 
nays seconded on the amendment submitted by the Senator from 
Massachusetts? 
The yeas and uavs wore ordered. 

Mr. VEST. I w'ish to say, if the Senate will indulge me, that 
I deny with great resijoot the proposition of the Senator from 
ISIassachusetts that the Senate has adopted any such principle 
as that no liquor shall be .sold to any inmate of the Soldiers' 
Home, making an exceptional case in regard to the sales to those 
persons. It is, I submit, a very different proposition from what 
the Senate really did indorse, that these saloons should not bo 
within a distance of one-half a mile of the limits of the Soldiers' 
Home. Tlie Senate could very well have adopted that proposi- 
tion without making an exception as to this particular class of 
persons. 

If we propose here to put these old soldiers on the same foot- 
ing with minors and halsitual drunkards, then this amendment 
is absolutely proper, but I for one have never intended to put 
them in any such category. I voted to reduce the limit from 1 
mile to half a mile, and I believe yet that these deadfalls, thi- 
worst description of saloons, selling the most villainous com- 
pounds, should not be permitted in the immediate ^-iciuity of 
that home, right along the fence which marks the limits of the 
place, but I have never been willing to say that because these 
old soldiers were inmates of that home they should be treated 
as confirmed in-3briates or as minors. That is exactly what this 
amendment amounts to, and I want the privilege of recording 
my vote against it. 

]\Ir. HOAR. Mr. President, one word. I hate very much to 
interfere with the bill in charge of my honorable friend from 
North Dakota, but I think we ought to deal with this matter as 
practical men. The custodian of the Soldiers' Home, the head 
of that institution, the commandant there has written a letter 
which was made the ground of an amendment by the Senator 
from Virginia [J.Ir. Hunton], and was read as a part of the re- 
marks of some Senator, in which he said (I do not suppose it was 
meant to be understood as universally true, but that it was true to 
an extent enough to affect our legislation ) that there was a class of 
men in the home (I do not mean to say that they comprise the 



1893 



CONGRESSIONAL RECORD— SENATE. 



2:ili 



whole of tha inmates or a majority but enough to be an imuort- 
ant consideration) who, if we should fix the old limit of a milo 
would travel a mile for a glass of liquor and then would sav to 
themselves, Now, it I go back to the home f shall have to walk 
a mile and back again to get another and I will take two drinks 
now; and thereupon they got intoxicated. It is a notorious 
fact that the keepers of those liquor saloons watch the time when 
these men get their pay, and the day after they got their pay a 
great many of them are got into those places and kept there un- 
til they are stripped of every dollar of their pension, those who 
are pensioned, or those who have any pay. 

Now, the old sailor or the old soldier who goes to the home 
without a family is always tho object of tender care in legisla- 
tion. The fact that we have established a home for them shows 
it, and that they arc under a discipline to which ordinary men 
are not subjected. If there are old men whose health or physical 
condition requires the use of .'timulant-; I would be perfectly 
willing to consent to an arrangement by which in the discretion 
of the commander of that home rations of spirits might bo issued 
to such men, as used to bo done in tho Navv. 

I am not afraid to deal with this thing fairly, but it does seem 
to me that one of the wisest and best things we can do (a thing 
dependent upon a wholly different ))rinoiplo from some of tlio 
amendments which have beeuoffered hero), is to provide that it 
shall be an offense to sell th;-m liquor just as legislation in some 
States provides that liquor shall not be sold to saUors within a 
certain time after their landing. 

Mr. HARtilS. Will thj Senator from Massachusetts allow 
me to ask him, before he resumes his seat, if he intends to w.irk 
a forfeiture of a license that has been legally obtained it the li- 
censee shall ignorantly sell to a parson who chances to be an in- 
mate of the Soldier's Home? 

Mr. HOAR. They know perfectly well. The man has his 
imiform and his dress. There will notbo a case of an ignorant sale 
to such a person oncj in a hundred years. 

Mr. HARRIS. Does not the Senator think it would be better 
to gT.iard his amendment by saying "'knowingly?" 

Mr. HOAR. I have no objection to put in the word "know- 
ingly." 

Mr. HARRIS. I think it eminently proper that the word 
'•knowingly" should qualifv the amendment. 
Mr. HOAR. Put that in.' 

The VICE-PRESIDENT. The amendment will be so modified. 
Mr. FELTON. Is the amendment intended to apply to the 
whole city and the whole District? 
Mr. HOAR. To the whole city and all mankind. 
Mr. HUNTON. Mr. President, it was at my instance that th j 
letter from the govei-nor of the Soldiers' Home was read, and if 
the Senator from Massachusetts [.Mr. Ho.^u] will e.xcuso m?, I 
think he hashardlystatedthocoatentsof that letter fairly. The 
governor said in that letter that the largo majority of the seven 
or eight hundred inmates ot tho Soldiers' Homo were exceed- 
ingly sober and worthy men, without causing any trouble in the 
management of them to the governor of tne home; but that 
there was a certain percentage, probably JO per cent, or a little 
more — I am not sure as to the exact percentage — who, when they 
went down town and had to travel a mile did got drunk, and came 
back to the Soldiers" Home and gave them trouble. 

I do not see why the soldiers at the Soldiers" Home should be 
regarded as a class of people different from others. There are 
habitual drunkards in the city ot Washington outside ot the 
Soldiers' Home. Why are not liquor-sellers prohibited fromsell- 
ing liquor to them? Why single out as a prohibited class the 
inhabitants of that Soldiers' Home, a small proportion ot whom 
are dissii^atod men and tho remainder exceedingly sober men? 
If tho Senator from Massachusetts will move an amendment to 
prohibit the sale of liquor to habitual drunkards, v.-hether they 
are inmates of the Soldiers' Home or outside ot it, such an 
amendment would commend itself to my favorable considera- 
tion. 

Mr. VOORHEES. Mr. President, the Senator from Massa- 
chusetts very wisely asked us to look at this question in a prac- 
tical way. I want to do so. Let us apply the principles ot com- 
mon sense to it, and in doing so let us tii-st see what kind of men 
we are legislating about, who they are, what their habits of lite 
are now and have been. 

Here is a home tor homeless, broken-down men, uearlyallof 
them growing- old, men who have gone through the hardships ot 
life, men who have slept in the snows, men who have fought in 
the regular Army, men who have waded rivers and camped in 
storms. Now. as" age is creeping on them their vitality is wasted 
and needs at times support. The Senator from Massachusetts 
recognized that in a portion of his remarks, but it should be rec- 
ognized further. 

All this talk in regard to 2 miles, or a mile and a half, or a 
mile or h^If a mile that a soldier has to go to get his drink has 



bat Uiat 



,f 



. la 



T2TJ^ ^ """ '? * ridiculous light. Those men have marched 
a great ways, and when they want V.u/u- drink ih.-v ,vi' .!j. . ? 
for It. I call ' on of th, 

lieve I can do '. tv, with • 

[Mr. "•■•■•■ ■ ■ "■ 

non. 

that ; . _ ^. . . 
has a ration of beei- 
I have hero the . 
who ever • 
his writii: 
ascheap wi!i.- ;.ii.i i 
In his letter that 1 
the cheap wines a!.„ ... 
and no nation was ever ;i 
mild beverages, was thro', 

rum, and the like. ' ..■■...:. u 

I remember very wpI! yoa!-<< ago when HcnrrWtN--n .,t\U\-.~ 
chusetts, then Vic- I' 
the chair where th.' 
returned from ii vi>ii i.. 
tho C'a|)itol. Ho was at 
associatiouof North .\m. 
but tho great temporanc-. 
.said to me, " I have lour:. 

hardly a sober man at certain . j„ 

England. After I had cros.-e ;,, j 

never saw a drunken man. In iim;.-,. v.r 
and in(ierniany, with hor beoi-s, they are a : 

while in England, «ith access to strong and ve: ., ,.,,ii ,..>,■. 

liquors, tho reverse was true." 

I believe, as I bolievo In my existence, th.if th.' «i-.. ,^,\U-r 
would bo to establish a ration of iK-oron ■ 
dicrs' Homo under the control of thn c 

to those men, instsad of leaviri j. ^ 

half mite, a mile, or any oth. ,),i,j 

stimulant which tho gre'n' "'- i la- 

boring people, all the n. , g^ 

some time or aaother. i ^o 

are legislating about, a worn and uid u- ; raco ot men, 

who, in tho decline of life, have but few It is a lone- 

some existence out there, and they wi , for this 

solace, this .stimulus, which, if taken in ; 1 quanti- 

ties, is a help instead of an injury. Th. ' , un- 

less it is furnished to thorn nearer and \. .,a». 

I repeat that that which has txien do:, rsol- 

diers' homes throughout the United Slates i e at 

this soldiers" home, and wo would then .•- i out 

whether the distance should be a mile or a mile and a half that 
they shall go to get their drinks. 

Mr. HOAR. I should like to ask tho Senator from Indiana a 
question. 
Mr. VOORHEES. Certainly. 

Mr. HOAR. Is it not truo that th-^rc is a .to 

the effect which I propose, and that this new i im- 

ply to repeal it, so that my proposition will uuly c«>ulu>u<i tha 
existing law? 

Mr. VOORHEES. I shall have to ask the " " Ind 

enough to repeat his question: I can not liear iho 

contusion on the floor ju,=' i. i:- .i ■• 

-Mr. HOAR. I have r ..-rv 

intelligent and well inforn. • , it^ 

it, but I believe his commuuiculiou lu bu true — saying llial thla 
is the law n iw. 
Mr. VOORHEES. U it is I do n 

Mr. HOAR. He states that the 'jf my amoodment 

will bo simply to prevent " ■ • ' ■- - '■ ' of what 

is now the law. I have i: -elf, but 

I have the note hero whir _ 
Mr. VEST. Whcro is tlial law i 

Mr. HOAR. I suppose it is in th ing 

to tho District of Columbia. 

Mr. HARRIS. I certainly think there is no aueh oxi«tlog 
law, and nothing short of the 1 ' ' '" ■"' ' " "it- 
isfy me that there is such a la 
Mr. HOAR. I will hav. i- . . 

Mr. VOORHEES. It l 

Mr. HOAR. I further -n-n firllana 

if it bo true that those h. ^ry 

food, lodging. and drink. : 'Hi 

in charge provide for ali 'Q- 

stitutions which need sti ' » 

mile or more from the hi. 

Mr. VOORHEES. The icd me a .at 

I can not answer. I say i' • >. I ami ''id 

with any committee that has cUaJnc ot iho subjocl, but I havo 



22\2 



CONGRESSIONAL EEOOliD— SENATE. 



Eebruaey 27, 



lono- been impressed with the views which I have advanced before 
the^Senato I have seen these old, worn-out soldiers wandering 
out to a-et a "lass of beer or something of the kind near the Home, 
and I have always thought that that matter ought to be under 
the re'3-ulation of the commandant, and that they ought not to 
be required or allowed to go wandering abroad into the town. 

Mr. HOAR. If the Senator will pardon mo— I dislike to tres- 
pass on his courtesy again 

Mr. VOORHEES. Not at all. 

Mr. HOAR. I am told, and I have no doubt it is true, that 
these men are seized upon by a sot of harpies, just as the sailors 
who land from a man-of-war or merchant vessel are seized upon 
in our ports; that when they get apension or any money in their 
pockets they are watched for and taken into places where there 
is a little den with two or three bunks, and there they are kept 
until they are stripped, and then they are turned out to wander 
home in the condition in which wo have sometimes seen them. 
That thing I want to pat a stop to: and I think any intelligent, 
self-respecting, and manly occupant of the Soldiers' Home will 
be willing to submit to this regulation to save his brethren from 
that kind of plundering. . 

Mr. VOORHEES. I have no doubt there is a great deal m 
what the Senator from Massachusetts says. I have no doubt 
there are lawless and evil-disposed people who take advantage 
of these men. That is true the world over. 

Mr. HOAR. I have found the law. 

Mr. VOORHEES. In one moment I will yield. At the same 
time it will cost me an effort to vote to place these soldiers upon 
the same scale with minors, or with habitual drunkards. I know 
of but two classes to whom it is a penal offense to sell intoxicat- 
ing liquors. One is a minor, and the other is a habitual drunk- 
ard. There ought to be some way devised to meet this question 
without placing that imputation upon men who des;rve so well 
of their country as this remnant of the old Army does. 

Mr. HOAR. I have found the law, and I will read it: 

It shall not be lawful for any person iu the District to sell, give, or admin- 
ister to any soldier or volunteer in the service of the United States, or any 
person wearing the uniform of such soldier or voluutee'— 

Which these men do — 

Any spirituous liquor or intoxicating drink 

Mr. HILL. When was that law passed? 

Mr. HOAR. It was passed in ISO] . 

Mr. VOORHEES. It applies to the Army. 

Mr. BUTLER. It evidently applies to soldiers in active 
service. 

Mr. HOAR. Lot me finish reading the law: 

And any person offending against the provisions of this section shall, upon 
conviction thereof, pay :i nne of JiO, or, in default of such payment, be com- 
mitted to the District 'jail for thirty days. 

Any person licensed to sell spirituous liquors or intoxicating drinks withni 
the District who shall suffer or permit any soldier or volunteer in the serv- 
ice of the United States, or any person wearing the uniform of such soldier 
or volunteer, to drink spirituous liquor or intoxicating drink upon his prem- 
ises shall be deemed guilty of the same offense mentioned in the precedin ,' 
Eection, and upon conviction shall be punished arcordingly. 

Any person convicted under the provisions of the two preceding sections 
shall forfeit his license to sell spirituous liquor and intoxicating drink. 

If the clause "any person wearing the uniform of such soldier 
or volunteer in the service of the United Slates" 

Mr. MCPHERSON. What is the date of that law? 

Mr. HOAR. It was passed in 1S61, but it is in the Revised 
Statutes of the Disti'ict of Columbia. 

Mr. FAULKNER. I w'ill state that that has never been a;;- 
plied to any member of the Soldiers' Home. 

Mr. HOAR. I think my friends had better let me finish the 
sentence. If that language aptly and correctly describsd the in- 
mates of the Soldiers' Home, who are por.sons " wearing the uni- 
form of a soldier,'' then my amendment simply prevents achangc 
in existing law by the operation of the pi-oposed bill. 

If, on the other hand, it is to be held to bj restricted to sol- 
diers or volunteers, my proposed amendment is entirely within 
the principle of that law, because if the intelligent and able- 
bodied soldier io;iuiros such special care and provision for him 
in pei-forming the ordinary duty of a soldier in the regular Army 
to protect him against this class of harpies, certainly the old. 
broken-down man in the Soldiers' Homo, feeble in body and 
often feeble in mind, peculiarly demands this protection. 

Mr. HAWLEY. Mr. President, I have been supporting this 
law with such energy and influeuco as I can give to it. The con- 
dition of affairs in the District is discreditable to the country 
and to Congress. There is practically what is called free rum. 
There are nominally, I believe, 800 or 1,000 licenses, and it is 
said by those v/ho "have studied and investigated the matter 
there are a thousand others who are selling without pretense 
of a license. I can point to a place, in an exceedingly respecta- 
ble neighborhood (where the whole thing is intensely distaste- 
ful to the people), to a man who has defied the law for a series of 



years. He may be fined occasionally, as ho was obliged to b?, 
but he has continued to sell from day to day and year to year. 

I am in favor of liigh license. Prohibition in this District 
would mean free rum, in my judgment. I do not think it could 
be enforced. In saying that I am carried back to the experience 
of Connecticut about 18.')4 and 1855. In 1854, I think, we passed 
a prohibitory law which I, with others, supported. I was per- 
fectly willing that I should be cut off from any chance whatever 
myself if it was best for the good of the community. The public 
sontimont that supjiorted it was but feeble and temporary. It 
resulted practically in free rum. Now for many years we have 
had a system of license, depending upon an annual vote of the 
township, license or no license. If the local sentiment is strong 
it carries license, and there is no selling. 

I believe in a system of high license. The bill is not what I 
myself would have draft3d in all particulars, but it is much bet- 
tor than the present condition, when there is no law, when there 
is a rum shop for about every 11,5 citii'.ens in this District. I say 
it is discreditable to us and to the country. 

I would put the fewest amendments on the bill possible, so that 
there may be the least chanoo in the world for a difference of 
opinion bi^tween the Senate and the other Hou.se, and the great- 
est certainty for the passage of the bill. 

The law of- 1861, which was read by the Senator from Massa- 
chusetts, was for an entirely different stp.te of affairs. This city 
at that time swarmed with tens and hundreds of thousands of 
men, sweeping through it, halting for a few hours, wandering 
into the town, and the shortest way was to prohibit the selling 
of liquor to any of them. That was a war measure. Those men 
out hei-e now are not soldiers. They are ex-soldiers distinctly. 
Mr. BUTLER. May I interrupt the Senator a moment to ask 
him to state as a matter of fact if the Soldiers' Home here was 
not established by a fund raised by the regular Army, aad that 
the Government has nothing to do with its support? I under- 
stand thj Government does not appropriate a dollar for it. 

Mr. HAWLEY. The Senator is quite right. The Soldiers' 
Home here was founded upon the levy made on the City of 
Mexico by General Scott, and was afterwards sustained by an 
assessment of a shilling a month reserved from the pay of the 
soldiers of the regular Army. It is their home and their prop- 
erty. 

Mr. BUTLER. The Government does not appropriate any- 
thing for it? 

Mr. HAWLEY. I do notknow whether the Government gives 
a farthing to help it out or not. I think not. 
Mr. BUTLER. I understand not. 

Mr. HAWLEY. I think it is supported entirely by its own 
funds. To say that no member of the Soldiers' Home shall be 
able to get a g'lass of beer, I think, is an unnecessary and a fu- 
tile attempt at restriction. The result would be that the soldier 
would ask to have it given to him, and if the saloon-keeper was 
not willing to give it to him, he would find plenty of men around 
the neighborhood who would be perfectly willing to treat the 
old man to a drink of some sort or another, or he could send 
somebody to buy a bottle for him. You ca i not do it. 

As to the mile or half-mile limit, there is some reason in that, 
iu the half-mile limit at least, because if you leave it otherwise 
you will haveclustered right around the chiofgates of that splen- 
did park a sot of buzzing'venomous tlies who would take the sol- 
dier's last dollar if they could get it and would get him drunk. 
T know how it has been at the soldiers' home at Dayton, Ohio, 
for example, where in spite of ali their ett'orts the.se noisome, 
mischievous places are as near as they can got to the gates of the 
grounds. This half a mile limit would scatter the evil. Prob- 
ably very few of them would take a location with a special view 
to the soldiers' trade then: and we should at least pay some re- 
gard to the public eye in keeping those places away from them. 
But I do not want to put a special mark upon these old men as 
to say that they shall be clas-red with idiots, insane people, mi- 
nors,' habitual drunkards, and all that, for nine-tenths of them 
are steady, quiet, and peaceable' men, who were orderly, well- 
disciplined soldiers. In my judgment you can not, in the pres- 
ent state of the world, get a hundred soldiers together without 
having two or three who would get very drunk at times, and 
six, eight, or ten out of every hundred who would sometimes 
get drunk; that is to say, you will not be able to find a hundred 
teetotalers, without special selections. But as men treat them 
pretty fairly they are a well-behaved, quiet, orderly, and de- 
cent set of old fellows. 

While I am strongly in favor of a repression of this evil by 
high license and a restriction of the number of drinking saloons. 
I say my conscience would not trouble me at all for giving a 
glass of beer to a fellow who served his coantry thirty or forty 
years. 

Mr. MCPHERSON. Let the amendment of the Senator from 
Massachusetts be again i-ead. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



2-213 



The VICE-PRESIDENT. The amendment will be attain road. 

The Chief Clerk. Insert at the end of the bill thclollowinfr 
additional proviso: 

Provided, riirther. That it shall be unlawful for aay person to sell any In- 
toxKatmg hquor knowingly to any inmate of the Soldiers' Home, under 
penalty of forfeiture of his or her license. If any ex ists. Any person offeud- 
I'ffo'for eacn'off '""""Somg provisions shall be liable to a further penalty of 

Mr. Mcpherson. Mr. President, I do not see how it is possi- 
ble forany Senator to resist so proper an amendment to bo added 
to this bill. These old soldiers, weak in body and many of them 
confessedly weak in mind, go outside of the limits of the Soldiers' 
Home grounds and are taken in charge, as the Senator from 
Massachusetts [Mr. Ho.\R] has described, by the proprietors of 
the rum mills that are scattered all along the boundaries of the 
inclosure. 

Mr. BUTLER. May I interrupt the Senator from New Jer- 
sey for a moment? 

Mr. Mcpherson. No, not at present, if tho Senator please. 

Now, Air. President, regulations should be mado for selling 
liquors within the inclosure— and who can dispute the fact thai 
good regulations, proper regulations, may bo mado within the 
inclosure— so that an old soldier, if he desires it. if he needs it, 
can have liquors served to him there within tho grounds, tho 
same as is done through the War Department to soldiers in the 
field or in camp. 

Mr. HILL. Will the Senator allow moy 

Mr. MCPHERSON. I can not yield to anybody at present 
until I shall finish this sentence, but I will yield the lloor to the 
Senator in a moment. 

The VICE-PRESIDENT. The Senator from New Jersay de- 
clines to yield. 

Mr. Mcpherson. As I say, undei' regulations that may be 
made by the War Department touching this matter, everything 
that is necessary to the comfort of these soldiers or that wo 
think should be given to tlicm may bo given: but in tins bill we 
ought to restrict the power of anybody tosell them liquor outside 
of tho home. 

Mr. BDTLER. Tho question I wanted to put to the Senator 
from New Jersey 

The VICE-PRESIDENT. Does tho Senator from New Jersey 
yield? •' 

Mr. Mcpherson, i yield now. 

Mr. BUTLER. The que>t ion I desired to ask the Senator from 
New Jersey is whether he would by that amendment prevent tho 
governor of thi-. Soldi ;rs' Uouie and all the officers from buying 
any liquor in the city of Waihina'ton? Tho amendment certainly 
would have that clfect. for it prohibits the sale of liquors to all 
the inmates of the Soldiers' Home. The governor is an inmate 
and all the officers arc inmates. 

Mr. HOAR. I do not think any officer of the Soldiers' Home 
would want to go to those rum shop to buy a glass of rum. 

Mr. BUTLER. They are not all rum sliojis. There are some 
very respectable places of that kind in the District of Columbia 
which I hardly think are entitled to bo called rum shoi)s. 

Mr. Mcpherson. WouUl there be any necessity for any of 
the officers to go outside if they were allowed to keep it in the 
inclosure? Where does the necessity e.xist for going outside? I 
presume a very thirsty Senator or officer could find it now in tho 
officers' quarters on the grounds. 

Mr. BUTLER. They would have to send outside of the in- 
closure to buy it. 

Mr. Mcpherson, it can be bought to be taken within the 
inclosure under some well-regulated syst>:m by the War Depart- 
ment. It seems to me there is no other security possible now 
except that ofTered in the amendment of tho Senator from Mas- 
sachusetts. 

Mr. HILL. Mr. President 

The VICE-PRESIDENT. Does tlie Senator from New Jersey 
yield to the Senator from New York? 

Mr. Mcpherson, i do. 

Mr. HILL. It is undoubtedly the desire of evei-y Senator on 
this floor to enact as strong an excise law as is possible, consist- 
ent with the public welfare: but I do not think we should strain 
a point here in order to make an arbitrary and unnecessary pro- 
vision. There are excise laws in nearly all the States of tho 
Union. There are soldiers' homes in nearly every State in tho 
Union. I do not know of a provision in a single e.xxise law in 
any State of the Union which prohibits tho selling of ale or beer 
to any soldier. 

I assume that there is a soldiers' home in the State of New 
Jersey; and certainly my friend from New .Tersey does not de- 
sire to impose any restriction ujjon the soldiers of the District 
of Columbia that he would not be willing to impose upon tho 
soldiei-s of New .Jersey. I ask him whether there is anything 
in the excise law of New Jersey which prohibits tho people of 
New Jersey from selling or giving to old soldiers alo or beer. 



Mr Mcpherson. There is no organized soldiers' home iu 
New Jersey, that I know of, in tho sense that this one is or<^an- 
ized here, which is under anything except the general laws of 




Mr. HILL (he mere fact tliat this Soldiers' Homo is under 
the control of the War Dei)artmont does not change the situa- 
tion at all. If there be a soldi m-.V home in the State of New Jer- 
sey, iis I supposed there was one. I i)resumo it is govornod bv the 
regular excise laws of tho State. We have in our State ii most 
excellent soldiers homo, situated in tho town of Bath, in a c Jiintv 
neighboring to my own. At the head of that institution is Gen. 
Henry W . blocum, who has been its president for manvVca*s 

It was under regulations established by him tliat the officers 
of that home have a right to s.dl to tho soldiers ale and b er and 
they keep it on hand and keep an at-eount with the soldier I 
understand the Senator from New Jersey to say that soin« such 
provision should exist hero. I undors'tand the Senator from 
Mapachusotts to state that some huch provision ought to pre- 
vail hero, not to give it to them, but to sell it to them 

Mr. HOAR. As part of their ration. 

-Mr. MILL. For a consideration. 

Mr. H( )AU. I said as a part o( their rotion, or whatever thoy 
call that ])arlicular thing. 

Mr. MILL. Yet under the very law tho Senator from Ma.-»>a- 
chusetls has cited and which wo j>roi>o.so to repeal by the onuct- 
ment of the pending bill that would bo inipossibl.-. i agree with 
the Senator that it is broad enough to prevent the b .lllug or 
giving it away to a soldier, but \uider the very law wlilch wo now 
l)roposo to repeal it could not b.- done. 

.Mr. I'resident, there is no dilllculty alwut this question. Tho 
law was undoubt -dly passed with reference to tho soldiers who 
wore here when the city was full of them, in l-«il. U wiu, never 
intended ti) apply to the inmates of theSol.liers' Momo.alllinugh 
it does in terms. I agree with the .Senator that it do.rs apply, 

of course, to soldiers, whether in a soldiers' 1 le or upon tho 

streets, and I think it is one of the wis.st pi in i«iiinsof tin' pond- 
ing bill that it pr()|)0se8 to rei)enl it. and •' ' ■• • I 
the War Department caiunake just.sueli 

But with this law standing in force tlv • .. : ^;, 

not do it. , .. . . 

Therefore, I think that we should all unite In votlnu-- In favor 
of repealing tho law. and I think the Senat ,ehu- 

setts ought not to pre«8 this auu'iulmont. 1 . irlct 

excise law, but I would not class those old -e ii.iu.ii-n, 

hmatics. paupers, and habitual drunkai-ds, a -:ilo add- 

ing to the bill the provision propo.-od. I put that 

stigma upon them, and I would not make a ' lii-<triet 

of Columbia that 1 wo\dd not make for th- - ..•w York 

or any other .State in tho Union. Ropros •nlini,'. 11.-1 w.- do, tho 
various States of tho country, why should we here pla<-c a more 
strict law upon tho statuto book for tho Dlntrlct of (.'olunibia 
than we do in our own States? 

Why should not the poor suldiers w''> li. •■ i- .1,,. < ..i.ijppgi 
Homo hero have the same rights and j. :imo 

pleasures that are enjoyed by tho inma: ..sin 

all the States of tho Union? 

Mr. HOAR. I wish to say I am now Informed that the exist- 
ing law which I cit<>d from the revised statut 'got the District of 
CoUunbia has been held by tho courts to include (vcupants of tho 
Soldiers' Home. 

Mr. HILL. Then there is so much tho mora reason why it 
should be repealed. 

Mr. FAULKNEH. I can not understand how that law can bo 
construed as applying to the inmates of the Soldiers' Home. 
Those inmates are not anymore soldiers of tho United t»tat«s 
Army than are citizens who were in tho Army during the four 
years of the war and whoaiv not in soldiers" homos. If that law 
applies to the inmates of soldiei"s' homes, by reason of tho ex- 
pression "soldier.-; of the Unite! States or volunteers.'' it woiild 
aiiply to every man who had ever Ixjen in the United States .\ rmy 
at any period of its history, and would make it acriminal olTense 
and subject to penalty to give to any man within the District of 
Columbia a solitary drink of lager beer, if he had ever been In 
the Army of the United States or in tho volunteer service of the 
Government. I have never heard that the law waf applicable to 
the inmates of the soldiers' homes. 

I say, personally, of my own knowledge, that when the license 
law was supposed ta be in fiu-ce in this District. Ixjforo tho de- 
cision of the Supreme Court of the District of Celurabia last 
fall, it was never enforced, and you could sec at any time around 
tho gates at tho entrance to the Soldiers' Home the soldiers 
walking into the bario )ms and getting their liquor just as 
freely as any other citizen of the District of Columbia could do. 
I venture the assertion that there never has been a case brought 



2214 



CONGRESSIONAL EECORD— SENATE. 



FEBKUAliY 27, 



up, evou when the liquor Jaws were enforced in this District, in 
whicli the court lield that ;lio inmates of that liomo came within 
the clause referred to by the Senator from I\Iassaehusetts. 

Mr. Mcpherson. I care not what the law is touching this 
matter. I am only speaking of what it ought to be. I approve 
of a plan which will give to those old soldiers, many of them weak- 
ened in body and mind, beer or spirits, if they have been accus- 
tomed to its us"b. Anything that they seem to need I would give 
them, but I want to have it done under some well-regulated sys- 
tem withhi the inclosure itself. I dislike very much to see these 
poor old soldiers, with more than one foot in the grave, tottering 
out of the inclosure in the morning and tottering back again in 
the afternoon, scarcely able to reach the confines of the Home. 
I think it is a disgrace to this Government. 

ISlr. President, Congress is the lawmaking power for this 
District. "Wo are the board of aldermen, so to speak, of this 
city. We make its laws. We may place any restrictions we 
please upon the ability to get drink within a mile or within a 
certain distance of that inclosure, and the War Department in 
like manner may make such rules and regulations as it may de- 
sire touching the interior of that inclosm'e, and any rule or reg- 
ulation it makes has all the force and effect that any statute 
would have which we may pass here. Therefore it is that I 
favor the amendment or any restrictive legislation of that char- 
acter for the security of these old soldiers outside the inclosure. 

Mr. HARRIS. I should like to ask the Senator from New 
Jersey if he thinks these old soldiers have forfeited any or all of 
their rights to eitizenship,aud it we should legislate with a view 
of dealing with them on principles other than those on which 
we deal with other American citizens'? 

Mr. Mcpherson, if a soldier who is receiving the bounty 
of his country in a soldiers' home is unable longer to control 
himself, if he requires a guardian, the guardianship over him is 
a guardianship provided within the home. Now, I say as to that 
man that we should throw around him all the protection possi- 
ble. We are doing him an injustice if we permit him to go outr 
side the home, if that be his propensity, and indulge his appe- 
tite there. That is my answer to the Senator from Tennessee. 

Mr. HARRIS. Then I should like to know upon what au- 
thority the Senator from New Jersey or any other Senator as- 
sumes that this particular class of American citizens have pro- 
pensities they can not control and which require that Congress 
shall pass a law to take violent hold upon them and control and 
sulijeot them to leading strings? It is an absurdity and a dis- 
grace, in my opinion. 

The PRESIDING OFFICER (Mr. Chandler in the chair). 
The question is on the amendment of the Senator from Massa- 
chusetts [Mr. Hoar], upon whicli the yeas and nays have been 
ordered. 

Mr. PASCO. I ask that the amendment be again read. 

The PRESIDING OFFICER. The amendment will be again 
read. 

The Chief Clerk. Add at the end of the bill the following 
proviso: 

Prorided, Thut it shall bo unlawful for any person to sell Intoxicating 
liquors knowingly to any inmate of tlie Soldiers' Home, under penalty of 
forfeiture of his or her license, if any exists. Any person offending against 
the foregoing provisions shall be liable to a further penalty of $lOo for each 
offense. 

Tlie Secretary ])roceeded to call the roll. 

Mr. CAMDEN (when his name was called). I am paired with 
the Senator from South Dakota [Mr. Pettigrew]. 

Mr. DIXON (when his name was called). I am paired with 
the Senator from Mississippi [Mr. Walthalj.]. 

Mr. QUAY (when his name was called). I am paired with the 
Senator from Alabama [Mr. Morgan]. 

Mr. WILSON of Iowa(whenhisnanie wascalled). lam paired 
generally with the Senator from Georgia [Mr. Colquitt], buti 
am satisfied that if he were present he would "yea." I therefore 
vote "yea." 

The roll call was concluded. 

lilr. CULLOM (after having voted in the negative). 1 inad- 
vertently voted. I am paired with the Senator from Delaware 
[Mr. Gray]. Not knowing how he would vote, I withdraw my 
vote. 

The result was announced — yeas 2Lt, nays 42; as follows: 







YEAS-20. 




Allison, 


Hansbrough, 


I.IcPhersou, 


Proctor, 


Chandler, 


Higgius, 


Morrill, 


Sherman, 


Dawes, 


Hiscock, 


Pefter. 


Stockbridge 


Frye, 


Hoar, 


Perkins, 


"Washburn, 


Gallinger, 


Kyle, 


Piatt, 
NAYS-43. 


Wilson. 


Bale, 


Carey, 


Faulkner, 


Harris, 


Berry, 


Casey, 


Felton, 


Hawley, 


Blackburn, 


Cocln-ell, 


Gibson, 


Hill, 


Brice, 


Daniel, 


Gordon, 


Htmton, 


Butler, 


Dubois, 


Gorman. 


Ii-by, 



Joues, Nqx 
Lindsay, O? 
McMlllailO 
MandersotC 
Mills. — • 
Mitchell. «■> 



Aldrlch, 

Allen. 4 

Blodgelt, 

Cafferv, 

Call. 

Camden, 

Cameron, 



Pasco, 

Power, 

Pugh, 

Kausom. 

Sawyer, 

Shoup, 



Coke, 

Colquitt, 

CuUom, 

Davis. 

Dixon, 

Dolph, 

George, 



Squire, 

Stewart, 

Teller, 

Turple, 

Vance, 

Vest. 

NOT VOTINS-23. 
Gray. 

Hale, 

Jones, Ark. 

Morgan, 

Paddock, 

Palmer, 

Pettigrew, 



Voorhees, 
Warren, 
White, 
Wolcott. 



Quay, 

Sanders. 
Stanford, 
VUas. 
Walthall. 



So the fteendment was rejected. 

ISIr. H< j>Sr . I move a further amendment to be added at the 
end of thcDiU. • 

The PRESIDING OFFICER. The amendment of the Senator 
from Massachusetts will be reported. 

The Chief Clerk. It is proposed to add at the end of the 
bill the following proviso: 

Provided. That nothing herein contained shall be construed to repeal 
sections 1181, 1183, and llH3of the Revised Statutes relating to the District of 
Columliia or any jiari therof . 

Mr. BUTLER. Will the Senator from Massachusetts be kind 
enough to read those provisions or have them read? 

Mr. HOAR. I will send the voKime to the desk. 

The PRESIDING OFFICER. The Secretary wiU read as re- 
quested. 

The Secretary read as follows: 

.Sec. 1181. It shall not be lawful for any person in the District to sell, give, 
or administer, to any soldier or voUmteor in the service of the United States, 
or any person wearing the imlform of such soldier or volunteer, any spirt tu- 
otis liquor or intoxicating drink; and any person offending against the pro- 
visions of this section shall, on couviciion thereof, pay a fine of &20, or. in 
default of such payment, be committed to tlie District jail for thirty days. 

Sec. 1182. Any person licensed to sell spirituous liquors or intoxicating 
drink within the District, who shall suffer or permit any soldier or volimteer 
in the serrtce of the United States, or any p?rsoii wearing the uniform of 
such soldier or volunteer, to drink any spirituous liquor or intoxicating 
drink upon his premises, shall be deenied guilty of the same offense men- 
tioned in the preceding section, and, upon conviction, shall be punished ac- 
cordingly. 

Sec. 1183. Any person convicted under the provisions of the two preceding 
sections shall forfeit his license to sell spirituous liquor and tntoslcating 
drink. 

Mr. HILL. Mr. President, so far as the first section is con- 
cerned, which the amendment contemplates shaU not be repealed, 
I think that question has virtually ' jtist baen passed upon by a 
vote of the Senate. I think the Senate pci'fectly understood the 
question, namely, that that provision is repealed by this proposed 
act, because it wasconceded upon all sides that it did apply, espe- 
cially under the decision of the court, to soldiers in the Soldiers' 
Homo. So far as the second provision is concerned, I understand 
it applies more especially to soldiers in the actual service of the 
United States. I do not know that there is any objection to that. 

IMr. BUTLER. If the Senator will allow me, I think it goes 
very far beyond that. It says anybody "wearing the uniform of 
the United^States." 

Mr. HI LL. Yes, that part of it. 

Mr. BUTLER. It applies to volunteers from Pennsylvania 
and every other State who wear the uniform of the United 
States, as I underst.and the reading of it. 

Mr. HILL. In addition to being a volunteer, it also contains 
language, if I recollect it aright, pertaining to those wearing 
the uniform of the United States. I think the safest way is to 
defeat the iiending amendment. Imove tolavit upon the table. 

The PRESIDING OFFICER. It is moved by the Senator from 
New York that the amendment proposed by tlie Senator from 
Massachusetts be laid on the table. 

Tlie motion v?as agreed to. 

Mr. HANSBROUGH. In section 11, line 5, I move to strike 
out the word "regular" and to insert in lieu thereof the word 
"reputable;" so as to read: 
Except upon the written prescription of a reputable physician. 

The amendment was agreed to, 

!Mr. GALLINGER. I sent to the desk an amendment a short 
time ago, after the amendment of the Senator from Massachu- 
setts was declared carried, which I ask to benow read. 

IMr. PLATT. Where is the last amendment of the Senator in 
charge of the bill to come in? 

The PRESIDING OFFICER. On page 9, Une 5, of section 11, 
the third word in the line. 

Mr. PLATT. Is the court going to determine who is a repu- 
table phvsician? 

The PRESIDING OFFICER. The amendment has been 
adoj)ted, inserting the word "reputable" instead of the 'word 
"regular." 

Mr. PLATT. I think it might be a little difficult for a court 
always to determine who is a reputable physician. 

Mr. HANSBROUGH. I offered that amendment in deference 



1893. 



COXGRESSIOXAL RECORD— SENATE. 



2215 



tp my friend from New Hampshire [Mr. Gallinger], who is him- 
self a physician and knows what he is doin"- 

The PRESIDING OFFICER. The ameSdmcnt submitted bv 
the Senator from New Hampshire [Mr. Gallixger 1 will be read. 

The Chief Clerk. On pa-e 11, section 16, in line 3, line :., 
and line 8, after the word "schoolhousc," add the words '• pri- 
vate school or house of religious worship; '' so as to make the sec- 
tion read: 

That license for any ol thopurjposes specified shall not bo craut«d to an v per- 
son to conduct such busmess within WO feet ot apublic scUoolliouse, pi-lvato 
school, or house of religious worsliip, except in sucU place ot business us may 
hare beeii located previous to the erection or occtip-.ition of su^-h .sr-hooi- 
house, priTate school, or house of religious worship owncil or oc™pli>a by 
the district Oi Columbia, measured bo; ween the nearest entrance to each bv 
the shortest coui-se of travel between such place ot business and the school- 
house, private school, or house of reliijious worship. 

Mr. HANSBROUGH. I see no objection to that amendment, 
and I accept it. 

The amendment was agreed to. 

Mr. GALLINGER. 1 desire to offer another amendment. On 
page 6, section G. line 8, after tho word "or,'' I mov<' to strike 
out the words '• between 12 o'clock midnight and 4 o'clock in the 
moining,"and to insert in lieu thereof tho words "11 o'clock 
p. m. and 7 o'clock a. m.:" so as to read: 

Shall not sell to such person above the age of 16 years, or between II 
o clock p. m. and 7 o'clocka. in. ; dtirinc which K'lst named hours and on Sun- 
days every barroom and other place where intoxicating liquors are sold 
shall be liept closed and no intoxicaUng liquor sold. 

Mr. HANSBROUGH. I trust that amendment will not be 
adopted. 

Mr. GALLINGER. All I care to say with reference to that 
amendment is simply that tho old-fashioned idea was that men 
ought to work eight hours, play eight hours, and sleep eight 
hours. But under this low-license bill— for it is not a high-li- 
cense bill— it is proposed to compel or permit tho men who work 
at selling rum to spend twenty hours out of the twenty-four in 
that wretched business. I think that si.xt<?en liours is long 
enough, but if the Senate thinks otherwise I shall submit. 

The amendment was rejected. 

]Mr. GALLINGER. I desire to offer another amendment. On 
page 5, section 5, lino 33, after tho word '■■ tavern," I movo to 
strike out all down to and including the word "•'consent " in line 
46, and to insert in lieu thereof tho following proviso: 

And proridul further. That aft«r such applicant shall have obtained and 
filed with his petition the consent aforessiid. and obtained from the board 
the license required by this act, it shall be necessary for such licensee after 
the expiration of the period for which such license is issued to obtain con- 
sent for a renewal ot the license by a majority of the real-estate owners and 
resident housekeepers aforesaid. 

I will explain bricliy that this amendment is simply intended 
to keep the existing law as it is. It requires that men who want 
to sell rum for a living shall obtain the* consent of a majority of 
tiie propertj^-owners and residents on both sides ot the street. 

The pending bill, the vicious law that we are proposing to 
pas.=;, permits dealers having once obtained a license to always 
retain that license unless the property owners rise in rebellion 
and petition that it shall not be granted to them longer. I know 
of no reason why we should change tho law in the interest of the 
rum-sellers as a.^ainst the interests of the reputable and decent 
people of this District. I submit that the committee ought to 
accept this amendment; they ought to be glad of an opportunity 
to pass it. 

I do not want to delay the vote. Regretting that there are 
some personal allusions quite too flattering in a letter I received 
this morning from a temperance organization in this city, which 
has not much standing, J take it, in Congress, I ask that the 
letter be read as a jiart of my remarks. I should be glad, it I 
could do so, to withdraw the personal reference in it. 

Mr. HANSBROUGH. I will say that a temperance organiza- 
tion in the District of Columbia will have very little standing 
here if this bill is defeated, as the Senator seems determined it 
shall be. 

The PRESIDING OFFICER. The letter will be read. 

The Chief Clerk read as follows: 

603 .\ Stbeet, SE., Washinrjion, S. C, Februarn SG, JS93. 

Senator: At a very largely attended meeting of Perseverance Lodge of 
Good Templars held on last evening the following resolutions were adopted 
and the committee, of which the undersigned is chali'man, was instructed to 
forward them to you: 

'L'esolvfd. That this assembly ot Good Templars thank Uon. .T. H. GAL- 
lilKGEB for his manly defense of the people of this District upon the floor of 
the United Slates Senate on the 24th instant in opposing the passage of a 
bill intended lo talie av>'ay from the housekeepers and owners the right each 
year to refu.-e or consent to the issuance of saloon licenses in their vicinity. 

••Resolved. Thatwe hereby earnestly request .Senator Gallinger touse his 
great ability and influence to the end that any license hill that luay be 
passed shall" contiuue the provision of the present law that the saloon-keeper 
shall each year present with his application for license the written consent 
of the majority of the housekeepers and owners of real estate on the side of 
the square and on the side of the square opposite where it Is sought to lo- 
cate or continue a saloon." 



Ill 
wor 



Thauku. 
Your 



Hon. J. n. Gallisi:: 



ttUulonai. . 



lU 1 



.V0118 aud nmy*. It 



Mr. FAULKN'EK. ; 
be amended by tho am. 
shire is a ' 
therefor. 

th.. 
by ; 

Mr. GALLLNGLK. • 
is a matter too imporla i 

The yeas and nays wore i^rucscd; u^a UiuSoorotaryuroooodeU 
to call tho roll. ' 

-Mr. CAMI)KN(whon ' ' .... . ^^..^j^ 

the .Senator from Smith 

Mr. DIXON (whonh, : . .„..,,„ ,,iu, 

the Senator from Mississijipi :,i,]. 

Mr. QUAY (when liis num. 1 am i.alr.-d with tlio 

Senator from Alabama [Mr. .MuniiA.\j. 

Tlie roll-call was concliulod. 

Mr. HUNTON. I am paired on this 
tor from Georgia [Mr. Cjt.'.junT), If i 

vote "yea." 

The result was annouocod— yoas 20, nays "22; as follows: 

YEAS-SB. 

Bate, Gordon, MUla. v 

Berry, Gorraan, Pxio, \. 

Blackburn, Hansbrougta, Puah, WiaUt-aru, 

Harris, Rani-oni, Whiu-. 



liiuler. 
Call, 
Daniel, 

Faulkner, x 

Gibson, as 

T3 



Irby, 
Jon. 

I.lii 
Mc.\: 



S:iwy..r. 



Carey. — GalllngcT. 

Casey. gj Hawlcy, 

Chandler, aj Hlgtjius, 

Dawes, t/3 Hlscock, 

Dubois, Mitchell, 

I^^c. "g Morrill. 

« NOT VOTI.v 

Colquitt, H 



NAYS— =i 
PclTer, 
Perkins, 
Piatt, 

Power, 
Pp. ■. 

S!|..'. 



Aldrlch, 

Allen. 

Allison, 

H!...l,"Ht, 

Iti-lcc, 

Caftery, 

Camden, 

Cameron, 

Cockrell, 

Coke, 



CO 



Cullom. 

Davis, 

Dlx.m, 

Dnlph, 

Felton, 

George, 

Gray, 

Hale, 

Hill, 



Hi: 

J'*li'..- .>..v. 

Kyle, 

M"*Hhf'r«nn, 
M.T ■ - - 
M 

P:i 

P,i; ,. 

PcitlgrcTT, 



WolcolL 



Sqnlre. 

St'>ckDrldga. 

avil;r. 

WU.«on 



.-^i.uii >rii. 

Vance, 

Vlls- 



So tho motion to lay tho amend monl on tho tabto was a^rcod to. 

Mr.G.\LLINGER. I have two or throo other amondmcntii. 
I send one ot them to tho desk. 

The VICE-PRESIDENT. The 

The Chief Ci<!:rk. On page . ih« 

word "license," it is proposed to sin.; 
eluding the word "annum," in lino 13, • 
out being: 

The fee for a wholesale llcouso shall be CJO per annnm. and for a bairooia 

license ?(00 per annum. 

And insert: 

The tee for a wholesale license shiUl bo (300 por annum and for a bim>om 

license ?I,000 per aimum, 

Mr. Q.'VNSBKOUGH. I movo to lay that amondmont on the 
table. 

The VIC&PRESIDENT. Tho qnoation Is on tho moUoo or 
the Senator from North T' '■ ' ■ 

Mr. GALLINGER. I .>rlh Da- 

kota, with his usual fain. 

Mr. HANSBROUGH. 1 v 

Mr. H.\RRIS. I apjwal 1.. vUhdraw tho 

motion. If he does I renew it. 

Mr. G.VLLIN'GER. Thiit is all riirht. That is tho Sonator'a 
privilege. I raise the •, '' • •' > - ■-• 

the floor, the Senator f 

his motion, and I having' . . :..^ _ — 

makimr a statement. 



2216 



CONGRESSIONAL llECORD— SENATE. 



FEBEmiltY 27, 



Mr. HARRIS. The only question is whethei- 1 took the floor 
immediately after the Senator from North Dal£Ota. 

Mr. GALLIXGER. The Senator did not take the floor im- 
ntodiately after him.= 

Mr. H.4RRIS. I tried my best to do it, and spoke beloi-e the 
Senator from New Hampshire. 

Mr. GALLINGER. I had the floor. 

Mr. HARRIS. I was recognized by the Chair, and my rights 
to the floor were absolute after recagnition. 

Mr. GALLINGER. Let the Chair decide it. 

The VICE-PRESIDENT. That is rather an embarrassing 
question. If the Senator from New Hampshire had not yielded 
the fiooi- ha is entitled ta it. 

Mr. GALLINGER. I had not yielded the floor. 

Mr. President, the amondment'l have submitted is an amend- 
ment in exact accord with a bill which was agreed upon unani- 
mously by the Committee on the District of Columbia, the Sen- 
ator from Tennessee [Mr. Harris] being a member of the com- 
mittje, and the Senator from North Dakota [Mr. Hansbrough] 
another m-mbar of it, on the 13th day of May, 1892, nearly one 
year ago, and it was reported to the Senate on that day. It has 
slumbered on the Calendar for nearly one year. It is a high-li- 
ceme bill. I do not know why the Senator from North Dakota 
. has allowed nearly one year to elapse without callingupthe bill, 
which he was instructed to report by a unanimous vote of the 
committee, and which he did report. 

When that bill was reported on the 13th day of May, the Senator 
from North Dakota made an elaborate written report. In that 
report he commends and quotes Mr. Julian Ralph, in Harper's 
Mag-azine for April, 1892, as commending the high-license law 
of the city of Minneapolis. If I wei-e not so good-natured as not 
to desire to consume the time of the Senate, and desiring that 
action shall be had upon this bill at the proper time, I should 
read what Mr. .Julian Ralph has said about the Minneapolis 
high-license law, which the Senator from North Dakota incor- 
porated in his report nine months ago, and which remains un- 
acted upon to the present time. He says the Minneapolis high- 
license law is the best law in the world, that it has resulted in 
driving int ixicating liquors from the residence portion of that 
beautiful city. 

I have the assurance of one of the Senators from Minnesota 
that what Mr. Ralph says in thatargument, which the Commit- 
tee on the District of Columbia indorses through the Senatar who 
is pressing this low-license bill to-day, is absolutely true. 

Now, I olTeran amendment in exact accord, or nearly in exact 
accord, with the report which was made by the committee on 
the 13th of May last, which proposes to compel the men who are 
to sell rum in this city, who are ruining our boys and destroying 
our homes, to pay for the privilege as much as is paid in Minne- 
apolis and some other cities of the country. 

It is said that our laws are inadequate. Why are they inade- 
quate? Congress is responsible for the inadequacy of law in this 
District. There is not a State in the Union which has such an 
abominable code of laws as the District of Columbia, made up of 
the English common law, of the obsolete statutes of the State of 
Maryland, and soma modern legislation; yet it is proposed to put 
on the statute books another law, and the Senator who is press- 
ing this bill declares that we can do no better at this time. 

I say we have had enough of patchwork and tracery in the way 
of legislation in the District of Columbia. If we are going to 
have a law in this District licensing the rum traffic, let it be a 
law which will protect the homes and families of this District 
as against the men who sell and the men who traffic in rum. 

That is all I care to say. I simply ask that a yea and nay 
vote shall be taken upon the amendment which, in my judgment, 
the Senator from North Dakota ought to be foremost in advo- 
cating and supporting. 

Mr. HANSBROUGH. I desire to say in answer to the Sena- 
tor from New Hampshire 

The VICE-PRESIDENT. Does the Senator from New Hamp- 
shire yield the floor to the Senator from North Dakota? 

Mr. GALLINGER. I yield the floor to the Senator from North 
Dakota for a question. 

Mr. H ANSB ROUGH. lagrea entirely with everything which 
is in the report made from the Committee on the District of Co- 
lumbia to the Sanate to which the Senator refers, and am in fa- 
vor of a high license. 

I desire to correct the statement made by the Senator from 
New Hampshire to the efl'ect that the Committ?e on the District 
of Columbia of the Senate have reported a bill here in favor of a 
license of $1,000 for retail and $503 for* wholesale dealers. I de- 
sire to call the attantion of the Senator to the fact that we had 
quite a little contest in the committee on the day we considered 
the measure, and it was finally voted that the retail license should 
be $500 and the wholesale license $250, and I so reported the bill 
to the Senate. 



Mr. GALLINGER. That is correct, and I stand corrected to 
that extent; but what I stated was substantially the fact that the 
Senator from North Dakota indorsed the Minneapolis high- 
license law and indorsed what the Philadelphia Press said of 
high license in that city where it is $1,000. 

.Mr. HANSBROUGH. And I indorse it now heartily. 

Mr. GALLINGER. And yet the Senator reported a bill re- 
ducing the license in the District of Columbia. If the Senator 
will be kind enough to tell the Senate of the United States why 
rum-sellers in the capital city should not pay as much for licanses 
as in Minneapolis and Philadelphia he will confer a great favor 
upon ma and the country. 

Mr. HANSBROUGH. I should be heartily in favor of mak- 
ing liquor-sellers pay a license of $2,500 if it were possible to do 
so. I simply submit that this measure is a step in the right di- 
rection and the best in my judgment that we can get at this time. 

Mr. GALLINGER. I have said all I care to say at present. 

Mr. HARRIS. This bill was carefully considered by the Dis- 
trict Committee, and is the result of that consideration. The 
Senator from New Hampshire [Mr. Gallinger] is a member of 
that committee, and I think it would have been respectful to the 
committee, if he had intended to offer these various amendments, 
with which he is consuming the expiring hours of this Con- 
gress, to have offered them in committee and have allowed them 
to be considered there. 

I do not know exactly what the rate of license ought to be for 
retail or wholesale dealers, but I accepted the judgment of the 
majority of the committee and agreed to the reporting of this 
bill. I hardly think it is an excusable thing in the Senator to 
annoy at this late day the Congress and the Senate in olTering 
these varied amendments, which ought to have been considered 
and decided by the committee of which he is a member. 

I shall vote against his amendment to the bill. 

Mr. GALLINGER. In answer to the distinguished Senator 
from Tennessee, who, I presume, intends to be fair, I will say 
that on the 13th day of May, 1892, the bill to which I have called 
attention v.'as reported. I wasabsant from the city at my home, 
having left here on the 13th day of February. I find by refer- 
ence to the bill now under consideration that it was read twice 
and refarred to the Committee on the Distvict of Columbia on 
the 14th day of February, Tuesday, and reported back here on 
Thursday, the 16th. The committee did not even wait until the 
day for the regular meeting of the committee. I should be 
pleased if the Senator from Tennessee would tell me how under 
these circumstances I could have conferred with that commit- 
tee. I do not know that I could have done so very well even if I • i 
had been in the city. ' * 

Mr. HARRIS. If the Senator will allow me, if he had been 
here, where his official duties required him to be, he would have 
had notice of the meeting of the committee and could have at- 
tended. 

Mr. GALLINGER. That is cheap talk. Any Senator can say 
such nonsense as that on the floor of the Senate, and nobody 
knows better than the Senator 

Mr. HARRIS. It may be nonsense to a mind like the Sena- 
tor's, but it is the logic of fact and of dutj'. 

Mr. GALLINGER. Well, it is nonsense. 

Mr. VEST. I wish to ask a question of the Senator in charge 
of the bill. B afore we vote upon this amendment L should like to 
know what increase of license is proposed by the amendment 
over the provisions of the bill? 

Mr. HANSBROUGH. The provision of the bill, as the Sen- 
ator will see on page 11, is that the wholesale liquor license shall 
be $2.50 a year. The present law is $25 a year. 

Mr. VEST. What is the retail license? 

Jlr. HANSBROUGH. And the bill provides that the retail 
license shall be $400 a year. The license under the present law 
is $100 a year. 

Mr. VEST. What is the amendment of the Senator from Ne%v 
Hampshire? 

Mr. HANSBROUGH. To increase the wholesale license to 
$500 and the retail license to $1,000. 

Mr. GALLINGER. I ask for the yeas and nays on the amend- 
ment. 

The yeas and nays were ordered, and the Secretary proceeded to , 
call the roll. 

Mr. DIXON (when his name was called). I am paired with 
the Senator from Mississippi [Mr. Walthall]. 

Mr. QUAY (when his name was called). I am paired with the 
Senator from Alabama [Mr. Morgan]. 

The roll call was concluded. 

Mr. HUNTON. I am paired with the Senator from Georgia 
[Mr. Colquitt] on this question. 

Mr. McMillan. I have a general pair with the Senator from 
North Carolina [Mr. Vaxce]: but knowing that he would vote in 
the negative on this question, I have voted " nay." 



189 



o. 



CONGRESSIONAL RECORD— SENATE. 



'22 n 



The result was announced— yeas 21, nays 31; as follows: 

YEAS-21. 
n^ltl' gallinger, Power, Warren, 

S!t,^i',^^ Higtrms, Proctor, AVashbum. 

Chandler, Hoar, Sherman, WUsou. 

Cullom, Irby, Squire, 

Dubois, Pe£fer, Stockbridge, 

Frye, Piatt, Teller, 

NAYS— 31. 

McPherson. 
Mills 



Bate, 

Berry, 

Blackburn, 

Butler, 

Call, 

Coke, 

Daniel, 

Faulkner, 

Aklrich, 

Allen, 

Allison, 

Blodgett, 

Brice. 

Caflery, 

Camden, 

Cameron, 

Cockrell, 



X 

cUGibson, 
•TGorman, 
;Uray. 
— Hansbrough, 
rt^arris, 
J&awley, 

McMillan, 




Mitchell, 
Morrill, 
Pasco, 
Pugh, 
Ransom, 
SawTcr, 
NOT VOTING— 36. 
Hiscock, 
Hiinton, 
Jones, Ark. 
Jones, Nev. 
Kyle. 
Lindsay, 
Manderson, 
Morgan, 
Paddock, 



Shoup, 

Stewart, 

Turple, 

Vest. 

Voorhees, 

White, 

Wolcott. 



Palmer, 

Perkins, 

Pettlgi'ew, 

Quay, 

Sanders. 

Stanford, 

Vance, 

VUa.s, 

Walthall. 



So the amendment was rejected. 

Mr. GALLINGER. I offer an amendment, which, I am happy 
to say, the Senator having tlie bill in charge thinks should be 
adopted, and I trust it will be. 

Mr. HANSBROUGH. There is no objection to the amend- 
ment. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. It is proposed to add to section 2, the 
following: 

And said board shall make an annual report to Congress, sett In? forth tho 
number of applications for licenss, both favorably and unfavorably acted 
on. the number of persons convicted for violation of this statute, and the 
amount of fines collected and uncollected. 

The amendment was agree^ to. 

Mr. GALLINGER. I have another amendment to offer. The 
Senator in charge of the bill thinks it is in the bill, but I can not 
find it. It is in the bill, however, reported on the 13th of May 
last. I think it ought to bo adopted. 

Mr. HANSBROUGH. I think it is in tho bill, but at this late 
hour we have not time to find it. There is a special order for 4 
o'clock. 

Mr. HARRIS. Lot the amendment be reported. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. On page 3 it is proposed to add to sec- 
tion 4 the following subdivisions: 

Sixth. That he is not the owner of or licensee named in any such license 
then In force. 

Seventh. That he intends to carry on such business for himself , and not as 
an agent of any other person, and that, it so licensed, he will carry on such 
business for himself and not as the agent of any other person. 

Eighth. That he Intends to superintend in person tho m.tnagement of the 
business licensed, and that, if so licensed, he will so superintend lu person 
the management of the business so licensed. 

Mr. HARRIS. How will the text then read? 

The VICE-PRESIDENT. The proposed amendment is an 
f entirety. It consists of additional subdivisions. 

Mr. HANSBROUGH. I accept the amendment. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment. 

The amendment was agreed to. 

Mr. GALLINGER. I find on my desk one further amend- 
ment, which I hope the committee will accept. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. In section 19, line 2, after the word "fe- 
male," it is proposed to insert the words '• minor under sixteen 
years of age, or person convicted of crime; " so as to read: 

That no licensee under a barroom license shall employ, or permit to be 
employed, or allow any female minor under 16 years of age, or person con- 
\-icted of crime to sell, furnish, or distribute anj- intoxicating drinks, etc. 

Mr. HANSBROUGH. That amendment I also accept. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment. 

The amendment was agreed to. 

Mr. HANSBROUGH. I hope we may now have a vote on the 
bill. 

Mr. CAREY. 1 wish to ask the Senator having charge of the 
bill whether the persons who take out a license under it have not 
als) to take out a license under the United States internal-rev- 
enue law? 

Mr. HANSBROUGH. Most assuredly they have. 

Mr. PEEPER. I wish to speak on the bill a moment before 
it is passed upon. 

Mr. TURPiE. .Mr. President 

The VICE-PRESIDENT. Does the Senatorfrom Kansas yield 
to the Senator from Indiana? , 



on. 
res 



08 



u> 

in- 

aia wliat 



bcin'o^ ^(f'^^J^' ^ ^^'^^ ^''■'''^ ^""^ *^° purpose of an amotidment 

^Ir. TURPIE. I wish to statj to tho Senator franklv that I 
wish to speak to an amendment. 

Mr. PEFFER. Ididuotuiv 

The VICE-PRESIDENT, 
to speak to an amendment whit- n i. •., u 

Mr. PEFFER. Then 1 shall pr. nv remarks on tho 

bill as It now stands. 

The VICE-PRESIDENT. Tho .- 
to speak on the bill, and ho was tir>- 

Mr. PEFFER. I do not desire, Mr. PrtM,u-,r 
of the progress of the billand at this inr.^ .\;iv ..< • 
occupy tho attention of t' 
utes, and if the same co 
has been extended to oti.i.. ....,„, . . , -,,.. ,,,, ,,a,, 

little I wished to say long ago. 

We are now acting upon a very imiwrtant matter. Wo oro 
proposing to throw tho (jrotoction of tho law around one of tho 
most stupendous evils of tho times. 

The dram shop, Mr. Pivsidi-nt, li:. ,,5. 

mend it. We are in-uiwsiug to tin. ^j 

the protection of the Auioricai; ■ ^^^ 

curs.d evils which has ever :. ,, i^ 

absolutely nothing to Ixj said • i^ 

the parent of prostitution, it is tho roii' .mj 

libertines, it is the recruiting station of , j^. 

bauches boys, it destroys m.n, it breaks il.ij h. .irl» i.f ,i..i....ii. It 
seiiarates families, and it desecrates h'.mi-8. It hiiH no nMl.M.m- 
ing feature: it isbad, wholly bad, a)- ' • ' rly 
void of all good inlluoncos. It i- ,iiy 

wicked, a standing menace to the ., „ .„\\. 

boingof society, and it ought Ui be J. 

Mr. President, I understand ver\ ■ arc oxtrcmo 

views; but what is tho danger? I dobiro Vi i>h, to tho .Si-nato 
that while I aim high in thismattor, as I Bhnuldllltn to d<> in all 
other things affecting tho moraU and Wi " ' ' vol 

I appreciate, as other practical mon dc .vo 

along in this step by step, one stop at a • an 

would do when he undertakes to cxtingi; ilo 

does not attempt to leap at once to the • . '>ut 

ascends the ladder step by step. 

I understand that the bill now before tho fSonat* U lnt»»ndod 
for, in the estimation of its friends, to b- -ht 

direction, as the Senatorfrom North Dak 11] 

statid a little while ago: bdtwhilo that is 1. ,.• . wh 

which I do upon this question, whenever it i^ ■> I 

am opposed to this traffic: I am oppns-d to ■ ,. in 

every phase of its existence from beginning to end. Lieen.sing 
a dram shop is simply throwing the protection of Xhr- Inw nnnind 
it; that is all there is about it: and whenever ; 'iro 

me I fight it. That is llie reason why I ha\ .ro- 

pose to offer some amendments to this oill, hh^ m. m mi judg- 
ment, will relieve it of some of its worst foatiircB. 

The trallic in intoxicating liquors is growing to bo one of tho 
most stupendous powers of the time. It is astounding whi-n wo 
come to consider what is Ixsing done in this direction. I hnvo m 
numl:)er of statistical facts here, which I liavo not now tlmo to 
read. I shall only call attention to a few of them as I go along. 

Mr. FAULKNER. Mr. President 

Tho VICE-PRESIDENT. Does the Senator from Kansas yield 
to the Senator from West Virginia? 

Mr. PEFFER. I think I know for what purpose tho Senator 
rises, and I ask him to withhold his request for say five minute.'!'. 
I shall not bo longer than that. 

Mr. FAULKNER. Very well. 

.Mr. PEFFER. In the lirst place, n-i ■or 

low license prohibits tho trallic in into lat 

ha-s been demonstrated time and again 1;. ,.. , . ,.,. ... . ■•,> of 
this country; nor does it reduce the quantity nor the quality of 
tho liquor traffic. 

I would control the liquor traffic by tho power of the General 
Government. I would do that in the District of Coltim'-ia; I 
would do it intho States by the powerof tho .'■^' .^s. 

taking the traffic entirely out of tho hands ■ nd 

carrying it on as a ligimate business by tho G-. . .n.. ;.. '<Vo 
should then have pure liquors. 

But as to the figures. 'V\xi distilled spirits prodvi 1 iu,.l do- 
posited in bonded warehouses from I'*'*! to lsn2 • '-^d 
States amount to 1.11 l,.'t'2. 147 gallon", whi-h it to 
14!t,4S(),303 cubic feet, estimating 2:: •n. 
It would fill a canal 30 feet wide, .'i '.■ '?. 

The beers consumed in I'*;") and i--i ',- 

OflO.OOO barrels, or 2,li;(»,0:i0,0 M) gallons. in 

1890 and ISOl produced in this country a:;. __ .' 'il 

gallons. Combined, the distilled spirits and tho beer in those 



2218 



00NGRES8I0]S[AL EECORD— SENATE. 



Febeuaey 27, 



two years, saying nothing about wines, would fill a canal 5 feet 
deep, 30 feet wide, and 404 miles long-, or, if you bring it into 
a lake, it would make a lake half a mile long, one-eighth of a 
mile wide, and 17 feet deep, affording space enough and fluid 
enough to float sixty-five of the largest war ships in existence. 

The flgures of this accursed busincFS arc astounding-. 1 have 
here a Stat -men t taken from internal-revenue reports and printed 
some time ago in the Philadelphia Record, showing the extent 
of the beer-drinking in a few of our large cities, ii I may be 
permitted by the Senate to pass these over to the Rejiorter and 
ho can include them in mv remarks, I shall saj' nothing more. 

The VICE-PRESIDENT. If there be no objection, the statis- 
tics referred to will be inserted in the Record. The Chair 
hears none, and it is so ordered. 

The statistics referred to are as follows: 

Si'.ipe 1875 up to the present time the consumption ot beer and malt liquors 
in tliR United States h;is increased from 8.383.7:;0 barrels In that year to W,- 
oai.orsf barrels in 1891, a net Inrrease o! :;i,637.ffii9 barrels. 

The same steady increase that has marked the progress of the trade in the 
United States is noticeable in this State and city, and the only set-back to a 
contititial yearly increase was duriuj; the tirst year of high license in this 
Stat e, when the sales tell oil nearly 100,000 barrels from the previous year. 

Since then high license seems to have had little or no effect, the increase 
since then being a constant and steady one, and the year 1891 beins conspicu- 
ous as the high-water mark in the trade In Pennsylvania as well as the en- 
tire country. In that year the sales amounted to 3,118,-ii3 barrels, an increase 
over the previous year of 400,053 barrels, and over the lirst year of high 
license of 753,334 barrels. The loilowing table will show the sales In seven 
of the princiijal cities for 1891) and 1391, and the increase: 



Philadelphia 
New York. -- 

Chicago 

Milwaukee... 

Brooklyn 

Cin-iunall... 
St. Liouis 



1891. 



Barrels. 
1,705,915 
4,448,314 
2,034,096 
1,877,157 
1,70:;, 100 
1,254,848 
1,834,950 



Barrels. 
1,4.58.846 
4,557,978 
1,073,685 
1,527,032 
1,50,S, 144 
1,115,053 
1,613,215 



In- 



Barrels. 
247,069 
190, 3m 
301,011 
350, 1'35 
190, 902 
139, 795 
211,735 



The magnitude of the liquor trade in the United States is 
enormous. The quantity of spirits (not wine or bear) produced 
and deposited in distillery warehouses during the fiscal year end- 
ing .Tune 30, 1802, was 118,436,508 gallons. Since 18,S2 the quan- 
tity has increased from 74,237,285 gallons in that year to the 
figures above for 1802. 

The quantity of beer produced in 1875 was 8,333.720 barrels, 
and it increased regularly to 30,021,079 barrels in 1891, nearly 
400 per cent increase in seventeen years. 

The number of distilleries operating in the United States in 
the year 1802 was 1,457; the number registered was 1 ,663. The 
number of persons and firms paying special r&tail liquor taxes 
during the year 1892 was 215,434. This does not include the 
wine and beer list. The number of breweries paj'ing special 
taxes the same year was 1,967. 

Distillers enjoy special privileges in the matters of bonding, 
leakage, and exportation. Taxes need not be paid until the 
liq-aor is removed from the warehouse, and not then if it is to bo 
exported. And in all cases leakage and evaporation are counted 
out. The amount of liquors deducted for leakage during the 
year 1892 was 3,532,810 gallons, and the quantity exported during 
the same time was 3,218,787 gallons. 

A largo number of our distilleries are owned in whole or in 
part by aliens; and I have the authority of the Brewers' Journal 
for the statement that upward of $91,000,000 of foreign capital 
is now invested in American breweries. 

MEMORIAL ADDRESSES ON THE LATE SENATOR KENNA. 

Mr. FAULKNER. Mr. President, pursuant to notice hereto- 
fore given, I submit the resolutions which I send to the desk, 
and ask that they be now read and considered. 

The VICE-PRESIDENT. The resolutions will be read. 

The Chief Clerk read as follows: 

Jiesolvcd, That the Senate has heard with profound sorrow ot the death of 
Hon. John E. Kemia, late a Senator from the Stat* of West Virginia, and 
extends to his afflicted family sincere sympathy and condolence in their be- 
reavement. 

Resolved, That as an additional mark of respect to the memory ot Mr. 
Kenna the legislative business of the .Senate be now suspended in order that 
liis former associates in this body ma.v pay fitting tribute to his memory. 

Ilt.ioh'eJ, That the Secretaty of the Senate be directed to transmit to'the 
family ot the deceased, and also to the governor of West Virginia, a certifled 
copy of these resolutions, mth a statement of the action of the Senate 
thereon. 

Ilesolved, That the Secretary of the Senate comtuuuioate these resolutions 
to the House of Representatives. 

Resolved, That as a further testimonial of respect to the memory of the 
deceased Senator that the Senate do now adjourn. 

:Mr, FAULKNER. Mr. President, in the name ot the people 
of a State who In life respected, admired, and loved John Edward 
Kenna, and who, now that death has claimed him as his own, 
without distinction of party, section, creed, or faction, sincerely 



mourn the loss of a gifted son, I ask that the legislative busines- 
be temiwrarily suspended, that the lepresentatives of the Stat-s 
may unite in a last sad tributs to the memory of aa associat-e 
whom aU admired for his high intellectual gifts, and many, yes 
very many, loved for those bright, social, and genial traits of 
character that fascinated and charmed, and who now — 

Long for the toucli of a vanished hand, 
And the sound of a voice th;it is still. 

Mr. President, no public man has ever been in closer touch 
with the people of my State, and I doubt whether, in the future, 
any other will so endear himself to them by his personality and 
public services as Mr. Kenna. His frank and manly greeting-; 
his genial companionship; hLs fund of anecdote and illustration; 
his unique and striking expressions; his love of hunting, fishing, 
and all the manly sports; his undaunted courage and unswerving 
integrity; his liberality and unselfishness: his tendei- pathos and 
burning eloquence, all united in a personality rcj)r.:senting the 
most perfect specimen of physical manhood, made him the idol 
of many and caused him to be respected, admired, and beloved 
by all. 

His death was not only a public calamity, but a personal be- 
reavement to the i)eople he so long and ably represented. 
Nothing was left undone by the State or the citizens that could 
giveemphasis to the sentiracntof public and private misfortune. 
The Legislature, by resolutions, gave expression to the sentiment 
of our people. The pres-i, without distinction of party, laid upon 
his casket the garlands of its highest tribute. A joint commit- 
tee of the two houses was appointed to proceed to this city and 
with the committee of Congress to escort his remains to the 
capital of the State, where, surrounded by all the evidences and 
emblems of a grateful people's profound sorrow, thousands gazed 
upon that calm, strong, brave face never to be seen again — 

'Till impregnate with .Jehovah's blast, 
Graves bring forth, and at His menace dread. 

In the smoke of planets melting fast. 
Once again the tombs give up their dead. 

Mr. Kenna was born in Kanawha County, Va., now West Vir- 
ginia, April 10, 1848, and died in the city of Washington on the 
nth day of January, 1893. 

Philosophybutcoufirmstheteachingsof experience, that man's 
character, to a great extent, is molded and fashioned by the 
circumstances which surrounded its growth and develojiment. 
The youth and manhood of Mr. McKenna were but an illustra- 
tion of this truth. His magnificent physique; his vigorous in- 
tellect; his courageous and independent spirit, were not the re- 
sults of a condition of luxury and case, but the development of 
these characteristics, which were so marked in ourdeceas-d 
friend, was stimulated by the necessities by which he was con- 
fronted. 

Left fatherless, by one of those inscrutable dispensations of 
Providence, at the early age of 8 years, he realized even then that 
on biin would soon devolve the care and support of a loving 
mother and two younger sisters. In 1858, Mrs. Kenna and her 
three children removed to the Stat* of Missouri, residing on the 
farm of Mr, Lswis, a brother of Mrs. Kenna, where they re- 
mained until after the breaking out of the late civil war. It was 
\ipon this farm, and at the early ago of 11 years, that he com- 
menced to contribute to the support of the family. 

Frequently have his associates in this Chamber heard him, 
with almostboyish gayety, tell of his experience in reelaiming 
from its natural condition, one of Missouri's finest plantations, 
when his uncle held the handle of the plow and he controlled 
the four yoke of oxen attached to it. 

Although at this period of his life he had the advantage of the 
tutelage of a governess, yet wo are told this did not prevent him 
from becoming an "expert teamster." 

Tie was passionately devoted to his mother, and being an only 
boy and the eldest child, he soon assumed the position to her of an 
adviser, counsellor, and companion. This responsibility rapidly 
developed hischaractcr, and fitted him at an early age to grapple 
successfully with the stern duties of practical life. 

At the age of 16 years he enlisted in the Confederate Army, 
and surrendered with his command at Shreveport, La., in June. 
1865. 

In youth, as in manhood, one of his most striking character- 
istics was his firmness and unconquerable determination of pur- 
pose, which was illustratedat this period of his life when, though 
severely wounded, he refused to retire from active service, 
choosing to endure the hardships and privations of a disastrous 
campaign rather than seek the rest and safety of a hospital 
couch. At the close of the war Mr. Kenna returned to liana- 
wha Countj', W. Va. , where the rest of his family had proceeded 
him. 

At the age of 18 years he found himself without an occupa- 
tion and with but a meagre education, but the.se disadvant.ages 
did not deter his brave and ambitious spirit from seeking a 



189^ 



CONGRESSIONAL RECORD— HOUSE. 



2-249 



lines 19 and 20, page 16. and inserts the words "other necessary articles-" so 
that the paragraph will read as follows: <===*» j' ai uLies, so 

tastramems* Jioo''""^^' ^^'^^' ^"''°^^' ^"^^ °'*«'" necessary articles for band 
The conferees on the part of the House agree to the same 

JOS. WHEELER. 
W. C. NEWllERKY, 
W. W. BOWERS. 
Conferees on the part o/ the House. 

Mr. WHEELER of Alabama. Mr. Speaker, I demand the 
previous question on the adoption of the confci'once report. 

Mr. McMILLIN. I ask the gentleman to withhold that for a 
moment. There was some confusion and I was unable to hear 
distinctly the reading of the report. I desire to know what 
effect the changes make as to the salaries of officers at the 
Academy. 

Mr. WHEELER of Alabama. There is no change excspt as 
to one ofKoer, an associate professor of mathematics, at a salarv 
of $2,000 a year. ■' 

Mr. McMILLIN. What change is made in the salary of the 
professor of mathematics^ 

Mr. WHEELER of Alabama. No none at all. 

Mr. McMILLIN. And the change stated by the gentleman is 
the only increase made by the bill. 

Mr. WHEELER of Alabama. The only increase made by the 
bill. Now, Mr. Spsaker, I demand the previous question on the 
adoption of the conference report. 

The previous question was ordered; and the report was adopted. 

Mr. WHEELER of Alabama moved to reconsider the vot3 by 
which the conference report was adopted; and also moved that 
the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

SUBURBAN HIGHWAYS IN THE DISTRICT OF COLUMBIA. 

Mr. HEMPHILL. I desire to submit a conference report upon 
the bill (H. R. 1307) to provide a permanent system of highways 
in that part of the District of Columbia lying outside of cities. 

Mr. DOCKERY. I wish to raise the question of consideration 
against this report. 
"Mr. BLOUNT. I hope the gentleman will not do that. 

Mr. DOCKERY. Very well, I withdraw the point on the sug- 
gestion of the gentleman from Georgia. 

The SPEAKER. If there be no objection, the Clerk will read 
the statement of the House conferees in lieu of the conference 
report. 

The Clerk read as follows: 

Statementto accompany the report of the House conferees on the disa- 
gi'eelng votes of the two Houses on the House amendments to Senate hill 
No. 1307, "To provide a permaneut system of highway.s in that part of the 
District of Columbia lying outside of cities." 

The most material amendment of the House to which the Senate objectt-d 
relates to the p,\yment of damages assessed for the condemnation of land 
taken for the purposes of highways, etc. The Senate bill as it originally 
came to the House, provided that one-third of the damages so assessed 
should be put upon the lands abuttingon the highway. The House changed 
this by providing that the amount awarded as damages in any case of con- 
demnation should be assessed wholly upon the land benelited thereby, or 
upon the lauds and the District of Columbia, as the court should adjudge; 
and that the amount assessed against the District of Columbia shouldbe 
paid exclusively from the revenues thereof. The -Senate insists that the pro 
portion to be paid in each case by the District and the propertv-o\\"uer.s re- 
spectively should be definitely fixed in the law. and insists ou making it half 
to each; and the House conferees recommend agreement thereto. 

The second and third amendments relate to the same point, and are made 
to harmonize the bill with the change proposed in the first. 

Thefom'th amendment of the House was designed to exempt the United 
States from all liability for any expense in connection with any street, res- 
ervation, or circle, or other improvement outside of the cities of Washing- 
ton and Georgetown. 

The conferees on the part of the Senat« Insist that this exemption is too 
broad, as it wotild apply to the Washington Aqtieduct, the reservations ou 
which its reservoirs are located, and appl.v to any and all kinds of improve- 
ments now existing or hereafter to be made in the District outside of the 
cities under atithority of Congress. The amendment has been amended so 
as to provide that no expenses incurred for the improvement of any street, 
circle, reservation, or avenue laid out under the provisions of this act out- 
side the cities of Washington and Ueorgetown shall be chargeable to the 
United States Treasury, but shall be paid entirely out of the revenues of the 
District of Columbia. 

The filth amendment of the House is rendered unnecessary by those agreed 
on by the conferees and recommended for the approval of the House, and 
your conferees recommend that the House recede from the same. 

The Senate recedes from its disagreement to the sixth amendment of the 
House, with the following amendment; "In case the court shall enter judg- 
ment of condemnation in any case, and appropriation Is not made by Con- 
gress for the payment of such award within the period of six months, Con- 
gress being in session for that time after such award, or for the period of six 
months after the meeting of the nest session of Congress, the proceedings 
shall be void, and the iandshall revert to the owner." 

This amendment is to provide against the act becoming inoperative by 
reason of Congressnot being in session in time to give effect to Us terms re- 
lating to the appropriation of the money necessary to satisfy awards made 
against the District of Columbia. 

The seventh amendment of the House was designed to give preference in 
the opening of streets and aventies to those localities iu which the greatest 
areas of ground might be dedicated for suchuse. Your conferees agree with 
those of the Senate that such provision might compel the opening of some 
streets and avenues in preference to others in which the public had a much 
more important interest. That in this regard the Commissioners should be 
allowed discretion in this work greater than would thus bo given them, to 
select for first attention those sections demanded by the best Interests of 



toe p^ublic. We therefore recommend that the House rrt.-«d<. from the nn-.end- 



The eighth and ninth amendments ,. 
the changed phra.seology and turm • ' 
already rocomuiemlod, ami your coi • 
UotLse recede from the same. 



:us 
luu tha 



ar 
II- 
.a- 
n- 
th 

vl- 



JOHN J IIEMPUILU 
P. S. IXJST. 
JNO. T. HKARD. 
tloutt ConferMt. 

Mr. HEMPHILL. Mr. Speaker, a •' " 
there was but one point of dissent (in 
as its views were expressed by any %• 
ferees as originally presented som<' 
ing as nearly us practicable the soui : 
ferees on the part of the House had a furiL 
the Senate conferees, who have agreed pract 
sion which was originally asked for on tli 

The result is that the report as u-jw p ^t 

the cost of any improvements that mav li' ',.f 

this act outside the cities of Wushiiigion ; • do 

way of improvement or inaiatcnaiice of si ...j 

to the revenues of the District of Columbia. 

Mr. BLAXCHAUD. Does this bill doOno the present UmiU 
of the city of Washington? 

Mr. HK.MI^IIILL. Xo, sir; those have aire iUy boon denned: 
and nothing in this bill makes any chnn'"> ■" •' ,-t 

Mr. BLOaXT. Mr. Speaker, during • ..f I'on- 

gress a cmf^^renco report wasraadooulhi ..'Uiiuao 

refused to agree to, owing to the fuel that it pr.jviued liiat as to 
the charges for the improvement of streets or uvenufe which 
might bo laid out, one portion of the amount should bo taken 
from the revenues of the Di.strirt of Columbiii, tho other from 
the general Treasury. A short time ago unuthor confcrenco 
was had: and a report was made by mv friend from South Caro- 
lina, [Mr. Hemphill] to which I muUe objociion. 

Since that time the conferees on tho part of tho two Iluiutag 
have seen lit to agree to another report in whlidi it Is provided 
that all expense for the imiu-ovonicnlof stro>t-;,uvonuoH, circles, 
and reservations to be made by virtue of this act shall not be 
paid for out of tho general Treasury, but shall ' '' - 'ho 

revenues of tho District of Cuhimbiaonly. ho 

ground of the objection I formly male: and th. ag 

thus met tho view which I adopted and which tli- House hhw lit 
to approve, I see no reason why tho adoption of tho report in lt« 
present form will not be advantage jus to the District and jjcr- 
fectly fair to the general Treasury and to tho p.-iiilrt at largo. 

More than that, I think we have gained in •' .■•, u very 

large advance. We have been objecting to tli' i of the 

principle on which expenditures within the i ,,,. . . .', iishing- 
ton and Georgetown have been divided Cetwoon the municipal 
government and the federal Government. That matt<T, liow- 
cver, has never come before the House in such a form as would 
enable us to l)ring about a change of policy in thai r.-trnrd. Hut 
when this proposition came before tlio ffousf rcl.r hat 

portion of the District away from the torritory « ■ of 

the Federal property lies, the opportunity urosi- l.i ,.,.-. iho 
question as to the injustice of tho |>riii)oriiou wliich ho.'i h roto- 
fore been recognized. Advantage having been tnkotiof that op- 
portunity, it is now conceded in this report as tho will of Con- 
gress that in the future extension of streets, avenues, clrcloi*. and 
reservations outside of theso two cities, tho general Treasury 
shall not ba chargeable with the expanse. 

Mr. HIO.MPHILL. I demand tho previous quostlon on tho 
adoption of tho report. 

The previous question was ordered; and under tho oporatioa 
thereof the report wa-s adopted. 

On motion of .Mr. HEMPHILL,amotion to reconsidor tho last 
vote was laid on the table. 

CHAMPLAIN AND ST. LAWREMCK RAILR3AD COMPA.VY. 

Mr. BELKXAI^. I desire to submit a onferonco report on 

the bill (II. R. 4275) to grant tho Champlain and St. Lawrenoo 
Railroad Company a right of way across tho Fort Montgomery 
military reservation. 

TheSPEAKEl?. Tho Clerk before reading tli. ;i.-o 

report, will read the statement of tho Hous - conf -h 
mav be a sufficient explanation of this matter. 

The Clerk read as follow*: 

Statcm-'ut to accompany the *■ 'nVrcri.- ■ r.'i»..-i i.u H K 4,'r.'. 

Tho Mil as lln-illv agree.! up ■ :hl 

o( way lUO feet In width and al' nt- 

gomery military re.servat I- II ; -.In 

and St. Lawrence Kaiir" •- ■tp* 

proved July 28. ia>-.'. whi ••<« 
properly for a i>erlod not ■ 

Mr. BELKNAP. I call for the previous question on the adop- 
tion of the report. 

The previous question was ordered; and under the opcratioa 
thereof the report was adopted. 



2250 



CONGRESSIONAL KEOOKD— HOUSE. 



Eebeuaey 27, 



On motion of Mr. BELKNAP, a motion to reconsider the last 
vote was laid on tlie table. 

DOCUMENTS FOB OUTGOING MEMBERS. 

Mr. LANHAM. I desiro to offer for present consideration the 
resolution which I send to the deslc. 

Tlie Clerkread as follows : 

Besolced, That all flocuineuls and books orderecl to be published by the 
TO-csput Congress, which are actually printed prior to the first Monday lu 
December next, together with documents and books hereafter ordered to be 
printed, which have not been actually printed to which members ot the 
present Coneress are or would have been entitled it published prior to the4th 
(lav of March next, and which are actually printed prior ta the first Monday of 
neil Uecember, shall be alloted as heretofore to members of tbePjesejit Con- 
gress, and transmitted to their residences as fast as printed, unless othei- 
^vlsc• ordered tay the members themselves. 

Mr. RICHARDSON. I want to ask the gentleman f roni Texas 
if this i-esolution is in the usual form adopted heretofore in such 

Mr. LANHAM. It is. I made an exact copy of the other reso- 
lution. , ., , . , . , 

Mr. RICHARDSON. It strikes mo that it ought to provide 
not merely for the books to be printed by the first Monday in 
December to be delivered to the document room, but such as 
are to be delivered after printing to the folding room as well. 

Mr. LANHAM. I copied the resolution precisely from the one 
heretofore adopted. 

Mr. RICHARDSON. I have no objection to it. 

The resolution was considered and agreed to. 

EULOGIES ON THE LATE REPRESENTATIVE CRAIG. 

Mr. RICHARDSON. Mr. Speaker, I present a privileged 
resolution for action at this time. 

The SPEAKER. Tlie resolution will be read. 

The Clerk read as follows: 

UesiiUed hy the Uoiise of Kepi'innt atipes (tlie Senate concurring). That there 
be psiuted of the eulogies delivered In Congress upon the Hon. Alexander K. 
Craii; late a Representative from the Stat« of Pennsylvania, 8,000 copies, of 
whicli " 000 copies shall be delivered to the Senators and Representatives ot 
that State; and of the remaining number 2,000 shall be for the use of the 
Senci te and4,Oao copies shall be for the use of the House; and of the quota of 
the I'ouse the Public Printer shall set aside 50 copies, wliich he shall have 
bound in full morocco, with gilt edges, the same to bo delivered when com- 
pleted to the family of the deceased; and the Secretary of the Treasury is 
hereby directed to have engraved and printed at the earliest day practicable 
a portrait of the deceased to accompany said eulogies. 

Mr. RICHARDSON. That is the usual form of resolution 
adopted in such cases. 

The resolution was considered and agreed to. 

On motion of Mr. RICHARDSON, a motion to reconsider the 
last vote was laid on the table. 

REPORT OP INTESNATIONAL MONETARY CONFERENCE. 

Mr. RICHARDSON. I also submit another resolution, Mr. 
Speaker, for which I ask present consideration. 

The SPEAKER. The resolution will be read. 

The Clerk read as follows: 

Itrsolvedbnihe Bouse of Represent atives (the Senate coMurHnri) , That there 
be printed and bound at the Government Printing Office 4.000 copies of the 
official report ol the American delegates to the luternivlioual Monetary Con- 
ference convened at Brussels November 23, 1S93, ;md the accorap:mimoins; 
1 000 copies for the use of the Senate, 2,000 copies lor the use of the House of 
Representatives, and 1,000 copies for the use ot the Stme Department. 

Mr. RICHARDSON. This is not a privileged resolution, Mr. 
Speaker, but I ask consent for its present consideration. 
There being no objection, the resolution was considered and 

agreed to. . ., , 

On motion of Mr. RICHARDSON, a motion to reconsider the 
last vote was laid on the table. 

ORDER OF BUSINESS. 
The SPEAKER. Several gentlemen have reports from com- 
mittees, and the Chair will direct a call of committees for re- 
ports. 

AMENDMENT TO TARIFF LAW. 

Mr. SPRINGER, from the Committee on Ways and Means, re- 
ported back the bill (H. R. 10507) to repeal paragraph 209 of the 
act to reduce the revenue and equalize duties on imports, and 
for other purposes; which was referred to the Committee of the 
Whole House on the state of the Union. 

CIRCULATING PROMISSORY NOTES. 

Mr. BACON, from the Committee on Banking and Currency, 
reported, as a substitute for the biU H. R. 10094, a bill (H. R. 
1001,5) to secure to the people the advantages aceruin^gjijitha. 
issuing of circulating promissory notes by banks, to 'increase 
the volume of such notes, and to supervise and control banks by 
officers of the United States; which was read a first and second 
time, referred to the Committee of the Wliole House on the state 
of the Union, and, with the accompanying report, ordered to be 
printed. 



RIGHT OF WAY THROUGH CROW CREEK RESERVATION. 
Mr. PICKLER, from the Committee on Indian Affairs, re- 
ported back the bill (S. 413) granting to the Midland Pacific 
Railway Company the right ot way through the Crow Ci-eek In- 
dian Reservation in the State ol South Dakota: which was re- 
ferred to the Committee of the Whole House on the state of the 

U'lion- . . -., , , 

Mr. PICKLER. This bill carries no appropriation, bhould 

it not go to the House Calendar? 

The SPEAKER. Butit providesfor grantingcertaiu lands. 

Mr. PICKLER. Only a right of way. 

The SPEAIvER. Stich bills are always referred to the Union 
Calendar. 

ELECTRIC RAILWAY, RICHMOND COUNTY, N. Y. 

Mr WARNER, from the Committee on Public Buildings and 
Grounds, reported back the bill (H. R. 10170) to grant the right 
of way for electric railroad purposes through certain lands of the 
Unite'd States in Richmond County, N. Y.: which was referred 
to the Committee of the Whole House on the state of the Union. 

CLERICAL EXPENSES, MEMBERS HOUSE OF REPRESENTATI\-ES. 

Mr. RUSK, from the Committee on Accounts, reported back 
the joint resolution (H. Res. 196) authorizing members to certify 
monthly the amount paid by them for clerk hire and directing 
the same to be paid out of the contingent fund of the House; 
which was referred to the Committee of the Whole House on the 
state of the Union. 

The SPEAKER. This completes the call of the standing and 
select committees. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. Platt. one of its clerks, 
announced that the Senate had passed the bill (S. 2782) to re- 
store Eugene Wells to the Army; in which the concurrence o. 
the House was requested. 

ENROLLED BILLS SIGNED. 

Mr. SCOTT, from the Committee on Enrolled Bills, reportsd 
that they had exammed and found truly enrolled bills of the 
following titles; when the Speaker signed the same: 

A bill (S. No. 3SS6) to authorize the Montgomery BridgoCom- 
pany to construct and maintain a bridge across the Alabama 
River near the city of Montgomery, Ala.; and 

A bill (H. R. 10345) making appropriations for the payment 
of invalid and other jiensions of the United States for the fiscal 
year ending June 30, 1894, and for other purposes. 

MESSAGE PROM THE PRESIDENT. 

A message in writing from the President of the United States 
was communicated to the House by Mr. PRUBEN,one of his s -c- 
retaries, who also announced that the President had approved 
and signed bills of the following titles: 
On February 27, 1893: 

An act (H. R. 10391) to amend an act entitled ''An act to pro- 
vide for the establishment of a port of delivery at Council Bluffs, 
Iowa;" 
On February 23: , . ., 

An act (H. R. 9S2G) granting certain rights and privileges to 
the commissioners of waterworks in the city of Erie, Pa.; and 

An act (H. R. 8582) to provide for the publication of the Elev- 
enth Census. 
On February 24: 

An act (H. R. 10236) relative to voluntai-y assignments by 
debtors for the tenefit of creditors in the District of Columbia 
and t3 amend section 782 of the Revised Statutes of the United 
States relating to the District of Columbia: 

An act (H. R. 10304) to incorporate the American University; 

An act (H. R. 10241) to amend an act making r(ppropriations 

for the construction, repair, and preservation of certain public 

works on rivers and harbors and for other purposes, approved 

July 13. 1892; . ^ . ^ „ . 

An act (H. R. 10039) to narrow California avenue withm Bellair 
Heights. D. C; and 

An act (H. R. (il94) to commission Da\'id P. Cord way as second 
lieutenant, to date from June 12, 1892. 

(Note: This bill was uresented to the President on the 12th 

instant, and not having been returned by him to the House ot 

Congress in which it originated within the ten days prescribed 

by the Constitution, it has l^eeome a law without his approval. ) 

'On Februarv £'^, 1893: 

act (H.R. 10489) to amend the actot May 6, 1890, fixmg th. 



rifte of interest to be charged on arrearages of general aotl spe- 
cial taxes now due the District of Columbia, and lor other pur- 
poses; ^ „ . , 

An act (H. R. 103G) for the benefit of the State of Kentucky, 
Logan and Simpson Counties, and of Louisville, Ky., andof Sum- 
ner and Davidson Counties, Tenn.; and 



1893. 



CONGEESSIONAL RECORD— SENATE. 



2'M'>\ 



thought League, against closing the World's Pair on Sunday- 
to the Select Committee on the Columbian Exposition 

By Mr. HILBORN: Resolution of the Commandery of Cali- 
fornia Military Order Loyal Legion of the United States, favor- 
ing the annexation of Hawaii to the United States— to the Com- 
mittee on Foreign Affairs. 

By Mr KRIBBS: Petition of Coalford Council. No. 381, Order 
of United American Mechanics, in favor of restrictin"- immigra- 
tion- to the Select Committee on Immigration and Naturaliza- 
tion. 

By Mr.OUTHWAITE: Petitionofcitizensof Columbus. Ohio 

praying for the repeal of the Sherman law respecting the pur- 
chase of silver— to the Committee on Banking and Currency. 

Also, petition of citizens of Lancaster, Oliio, protesting a-'ainst 
opening the World's Fair on Sunday— to the Select Committee 
on the Columbian Exposition. 

By Mr. PEARSON: Petition of Council No. 10, Ordcrof United 
American Mechanics, located at Bridgeport, Belmont County, 
Ohio, in favor of restricting immigration— to the Kjloct Com- 
mittee on Immigration aud Natui-alization. 

By Mr. RIFE: Petition of Ilarrisburg Council. No. lOG, Order 
of United American Mccliauics, of Harrisburg, Pa., asking for 
legislation to prohibit the landing of objectionable foreigners— 
to the Select Committee on Immigration and Naturalization. 

Also, petition of the National Woman's Christian Temperance 
Union, asking that no exposition or exhibition for which appro- 
priations are made by Congress shall be opened o:i Sunday— to 
the Select Committco on the Columbian Exposition. 

Also, petition of 717 citizens of the Fourteenth district of 
Pennsylvania, against opening the World's Columbian Exposi- 
tion on Sunday— to the Select Committee on the Columbian Ex- 
position. 

By Mr. STORER: Petition of the Cincinnati Tvpothota>, 
against proposed legislation allowing the Post-Oflice Depart- 
ment to furnish printed envelopes free of charge— to the Com- 
mittee on the Post-Office and Post-Koaels. 

By Mr. WIKE: Petition of David Crone and X\ others, of 
Green County, 111., relative to a combination existing between 
millers, railroads, and elevators for the purpose of depressing 
the price of wheat, and praying for a Congressional investiga- 
tion—to the Committee on Agriculture. 



SENATE. 
Tuesday, Fchmary 28, 1893. 

The Senate met at 11 o'clock a. m. 

Prayer by the Chaplain, Rev. J. G. Butler, D. D. 

The Journal of yesterday's proceedings was read and- approved. 
EXECUTIVE COMMUNICATIONS. 

The VICE-PRESIDENT laid before the Senate a communica- 
tion from the Attorney-General, transmitting, in response to a 
resolution of the Senate of the ijth instant, a list of all judgments 
rendered in the circuit and district courts of the United .States 
under section 11 of the act of March 3, 1887: which, with the ac- 
companying papers, was referred to the Committee on Appro- 
priations, and ordered to be printed. 

Ho also laid before the Senate a communication from the Sec- 
retary of the Treasury, transmitting, in response to a i-csolution 
of the Senate of the 8th instant, copies of reports made by spe- 
cial agents to the Seal Islands of Alaska: which, with the ac- 
companying papers, was ordered to lie on the table and be printed. 

SUNDAY CONCERTS IN PENSION OFFICE BUILDING. 

Mr. QUAY. I present a petition of 60 clergymen of the city 
of Washington, which I ask to have read. 

The VICE-PRESIDENT. The petition will b3 read if there 
be no objection. 

The Chief Clerk. The petition is as follows: 
To liie President of the United States, ttie Secretani of the Interior, and the Semite 
and Rouse of Representatives in Congress assembled: 
A petition. 

Whereas it liavlng been announced tiy tlie inaugural committee through 
the daily papers that, as a part of the programme for the inaugural cere- 
monies, three concerts by the Marine Band are to be held in the Pension 
Office building, on Sunday, March .5, proximo: and 

Whereas the Congress of the United States, in deference to the Christian 
sentiment of the nation clearly aud unmistakably expressed by the religious 
press, the pulpit, and by petition, has by legal enactment closed the doors of 
the Columbian Exposition on Sundays: 

Therefore, believing to permit the holding; of such concerts on Sunday by 
a band of musicians connected with one of the great Departments of ' the 
Government in a Govenimeut building which is occupied by another great 
Department, and as a part of the ceremonies connected witli the Inaugura- 
tion of the President of this great ChristLan na'.ion, byaudwllh the sanction 
of her chosen rulers, would be a naticnal sin; tjelieving also that such dcs 
ecration as proposed is unprecedented, would result in incalculable harm, 
and would be used as an authority and example for the complete secularlza- 
•4 on of Sunday : 



look 



ernmem'^nnrt^.K? f!!v°° 'l"^ ' '"^*" ^ '•'*"«'» forbidding the u.se of anv r.ov- 
ernment umlding for such purpose on that day ' 

Ph,!S'h!^«y "'• '« Graham, pastor of Congress Street M. : 

aZc^: and many mh^^i.'""^' '""""■'" ^'™'" '^=""' *' ■ 

Tho VICE^PRE.SIDENT. The ,.etition will bs roVv-.^j uj 

the Special Coramitt.-o < n Iniur ,.;,) ( .....,„..„■. 

Mr. QUAY. In this con: 
pains to ascrtain whethe:' I 

correct. In tho Washiugio:, IW. of Sundiiv la 
graph which I ask tho Chi.-f Clerk to r.-u.l. "it 
that tho music by tho Murine Band is not exact 

The VICE-PRESIDENT. Tho Chief Clerk '. 
quested. 

Tho Chief Clerk read as follows: 

SU.VDAV UonMSU, JIAUCB J, |»0'<M ■ 

1. March, "Excelsior" 

:;. Overture. " KobctplerrM". ....'.' 

:i. Song, "The Lost Chord" 

4. Selection from "FiiuBt" ... 

5 J «. "SluiiUvcr Song " i 

■ III. "Arabesque" ( 

I'. Cornet solo, • Inilanimamii " 

7. 
8, 
•I 
10. 



,.,„„ ,, , , ^ .Mr. Wlllliuu Jaeger. 
"La Ilonedlcilon dos Pul«uarJ» " 
".Scones Pl'iurosquo "... 

"A Trip to Mara" 

Patriotic sous, "Hall, Columbia "".V.'.V.V.'.V.V! 



SU.VD.VY ArTEIINOON. I o'cu>cK. 
March, "Tho Evening Star".. 
Ovorlurc, 'King U-ar" 

Sacred sun.'. "The Holy City" 



Poem symphonic. " Les PrelucleH" 
"SlcUlana " and "Imernie/.zo.' from" 
Fanlasle, "Tho Voyage of Coliinibus " 
"Nearer, My God. toThve " 
Seleclloti from "(Jneen of .Slieba".... 
March. "The Army of the Potomac" . 
" My Couuiry, Tls of Theo. " 



Carallorla UusUcaiu . .MiwvA«nl 
KanclulU 



...G'nitl'i'l 

.Pail' liiui 



;t. 

4. 

^. 
II. 

f'. 

B. 
10. 

... SCNDAT NIUIIT. 

1. March, "Tho Calumol" Zlmm'rtnin 

2, Overture. " VllHge Fe.-llval " !™*" 

:t. Euphonium solo, " I<(><'kcd la ibo Cradio of tbo DeoD" 'li' ' 

4. "Scenoi In Switzerland" i 

r, (a, " I 'llgrim's Congress" | 

■ ill. Soug, "The Evening Star" .. f ^'' 

li Gran 1 tantasleon national airs Zliuii. 

T. C/.ardas's "L:ist Love " i, 

Q ( n. " Traumerel ' . . I 

"• I 6. "Adlou" f 

9. "Tho Happy Hunting Qrounil.s" 
10, Patriotic song, "Star-Spangled Banner"".'.'!.'.'.'.".",'.'*."'.'.'.'.'.' 

Mr. QUAY. To show that these concerts arc to ' 
tho purpose of obtaining money. I send up a paper • 
It is not signed by tho olllcials in charge of tho Ina;. 
monies, but it is on their official paper and furnished in i .-^j.oiw.' 
to a request for information. 

The Secretary read as follows: 
[Inaugural ceremonies. March 1. 1893.— Generalcnmmlltee: Jan 

chalr:nan; Alex, Porter Morse, secretary: Charles c f;)ovoi 

Executive committee: James L, Norrls, cl. ' " "" 

retary: William Cranch .Melntire.corrop..:. 

bour, Henry L. lilscoe, c;en, II. V. Hovnt..n 

Edson, Rear-Admiral S. I!. Franklin, 'f 

HlUyer, Robert O. Holtzman, .1. Harn 

George W. Mi'Lanahau, Theodore W. N 

ard.sou. Richard Smith, MIch.ael I. Wen.-i i, ■•-: i; >i i:uin- 

IlEADQltAllTEItS, LF.SMAN DriI.MM., 

No. Hit NBW YOIIK AVKNfK. 

}yashiiitjtonj It. C, , ;> 

Price of ball tickets, io. 

Price of concert in morning and afternoon of Sunday and Mona.-»y. M ■ ■ 

Price of evening concert .Sunday and Monday, ?l. 

Programmes have not yet been issued. ' • 

Mr. QUAY. In view of these facts, although not exactly In 
order at this time, I ask for the adoption of the resolution which 
I send to the desk. 

Mr. Mcpherson. Before the S^'nat >r olTer.s his 
I should like to inquire wliat the i)ap:?r relates to whi. 
been read by tho Secretary. I could not understand from iho 
language whether it is a jietition from our own people or from 
citizens of a foreign government. I was unable to iLsoertain from 
tho reading what language it is nrintod in. I should like to 
know to what the whole matter relate-^. 

Mr. QUAY. The whole matter ivla' 
t'no persons in charge of thi^ inatigural 
ful means obtained the Pension building fo. 
ing musical concerts there next .Sunday. T 
of tho petition which has l>een r. :i " i 

believe, sixty ministers of tho cit;, 
immediate consideration of the re.- 

The resolution was considered by unanimous oonaont, and 
agreed to. as follows: 

Itftolvfd. That the Secretary nf 
Senate whether authority has Im-.' 

PenslonOfllce by any jiorson or p. 1.-. - .. .. ■ 

monly called Sunday, for musical concerts at wbtcti a pecuniary rnarge la 
ma<le for admission. 



2262 



CONGRESSIONAL RECORD— SENATE. 



Febeuary 28, 



MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. James 
Kekr, its Oiork. announced that the House had a^'rood to the 
reports of thocommitteesof oonferdncoon the disajrreeing votes 
of the two Houses on the amendments of the Senate to the fol- 
lowing- bills: 

A bill (H. R. 4275) to g^rant to the Champlain and St. Lawrence 
Railroad Company a riyht of way across the Fort Montgomery 
military reservation; 

A bill (H. R. 10290) making appropriations for the support of 
the Military Academy for the fiscal year ending June 30, 1894; 
and 

A bill (H. R. 10267) making appropriations for the diijlomatic 
and consular service of the United States for the fiscal year end- 
ing .Tune 30, 1894. 

The message also announced that the House had agreed to the 
report of the committee of conference on the disagreeing votes 
of tlie two Houses on the amendments of the House to the bill 
(S. 1307) to provide a ijermancnt system of highways in that part 
of the District of Columbia lying outside cities. 

The message further announced that the House had passed a 
bill (H. R. 10351) to continue the duties on certain manufactures 
of flax at the rate now provided by law; in which it requested 
the concurrence of the Senate. 

The message also announced that the House had jjassed a con- 
current resolution providing for the printing of 4.000 copies of 
the official re port of the American delegates to the International 
Monetary Conference convened At Brussels, November 22, 1892; 
in which it requested the concurrence of the Senate. 

The message further announced that the House had passed a 
concui-rent resolution providing for the printing of 8,000 copies 
of the eulogies delivered upon Hon. Alexander K. Craig, late a 
Representative from the State of Pennsylvania: in which it re- 
quested the concurrence of the Senate. 

enrolled bills signed. 

The message also announced that the Speaker of the House 
had signed the following enrolled bills; and they were thereupon 
signed by the Vice-President: 

A bill (H. R. 4275) to grant to the Champlain and St. Law- 
rence Railroad Company a right of way across the Fort Mont- 
gomery military reservation; 

A bilI(H. R. 9350) to promote the safety of employes and travel- 
ers upon railroads by compelling comnion carriers engaged in 
intei'Stato commerce to equip their cars with automatic couplers 
and continuous brakes and their locomotives with driving-wheel 
brakes, and for other purposes; 

A bill (H. R. 10290) making appropriations for'the support of 
the Military Academy for the fiscal year ending .June 30, 1894; and 

A bill (H. R. 10484) to amend an act approved .July 27, 1892, en- 
titled "An act to provide for the improvement of the outer bar 
of Brunswick, Ga." 

PETITIONS AND MEM0UI.\LS. 

The VICE-PRESIDENT jiresentod a petition of the Second 
Legislative Assembly of Oklahoma Territory, praying for the 
approval by Congress of the act recently passed by that Assembly, 
and declared unconstitutional by the supreme court of tlio Ter- 
ritory, providing for the employment of additional cmi)loy('s 
other than those provided for by the oi-ganic act of that Terri- 
tory; which was referred to the Committee on Territories. 

He also presented a petition of the Second Legislative Assem- 
bly of Oklahoma Territory, praying for the passage of a law 
cretfting a cabinet office of Secretai'y of Labor; which was refer- 
red to the Committee on Education and Labor. 

He also presented a petition of the Second Legislative Assembly 
of Oklahoma Territory, praj'ingfor the granting of a charter to 
the Lexington and Purcell Railway Companj': which was re- 
ferred to the Committee on Indian Affairs. 

Mr. SHERMAN presented a memorial of sundry printing firms 
of Cincinnati. Ohio, remonstrating against the passage of legis- 
lation authorizing the Post-Office Department to furnish stamped 
envelopes t;j purchasers at the face value of the stamps printed 
thereon: which was referred to the Committee on Post-OtBces 
and Post-Roads. 

Mr. COCKRELL. I present a petition signed Ij\- the minis- 
ters of the respectiv'e congregations in Clinton, Hrjflii^gniintyt 
Mo., praying for the rei>eal of the obnoxious features of the act 
of Congress approved May 5, 1892, entitled "An act to prohibit 
the coming of Chinese persons into the United States," with the 
attendant regulations of the Secretary of the Treasuyr^^Jul^-ir- 
1892, and giving their reasons therotor. I move tSm'Tnepeti- 
tion be referred to the Committee on Foreign Relations. 

The motion was agreed to. 

Mr. HAWLEY. I present the i>elition of Bishop William H. 
Hare, of South Dakota, and 45 leading citizens of Philadelphia, 
Pa., and other citizens, including some heads of universities 
and distinguished clergymen, urging the repeal of the so-called 



Geary Chinese exclusion act. I move that the jietition be re- 
fei'rcd to the Committee on Foreign Relations. 

The motion wasagreed to. 

Mr. I^IITCHELL presented a petition of the Portland (Ore- 
gon) Chamber of Commerce, praying for the immediate repeal 
of the so-called silver purchase act of 1890; which was referred 
to the Committee on Finance. 

I\Ir. CULLOM presented petitions of citizens of Monroe. Har- 
din, and Marion Counties, in the State of Illinois, praying for 
the aiipuintment of a committee to investigate the combine 
formed to depreciate the price of grain; which were referred 
to the Committee on Agriculture and Forestry. 

Mr. SQUIRE presented a jjetition of the Chamber of Com- 
merce of Port Townsend, Wash., praying that a fog-signal ves- 
sel be placed oil' Umatilla Reef, Flattery Rocks, on the coast 
of Wafhington, and that the northerly inshore current along 
the coast be more accurately determined and described; which 
was referred to the Committee on Commerce. 

REPORTS OF COMMITTEES. 

Mr. VILAS, from the Committee on Indian AtTairs, to whom 
was referred an amendment submitted by himself on the 27th 
instant, intended to be proposed to the Indian appropriation bill, 
reported it favorably, and moved that it be referred to the Com- 
mittee on Appropriations, and ba printed; which was agreed to. 

Mr. PLATT. I am directed by the Committee on Indian Af- 
fairs, to whom was referred an amendment submitted by myself 
yesterday relating to the Cherokee Outlet, intended to be pro- 
posed to the Indian appropriation bill, to report it favorably with 
amendments. I move that it be referred to the Committee on 
Appropriations, and bo printed. 

The motion was agreed to. 

Mr. PLATT subsoaiently said: This morning from the Com- 
mittee on Indian AtTairs I reported favorably an amendment to 
the Indian aijpropriation bUl. I am nov,- authorized by the com- 
mittee to report favorably a modification of that amendment; 
and I move that the same be printed and referred to the Com- 
mittee on Appi'opriations. 

The motion was agreed to. 

Mr. PLATT, from the Committee on Indian Affairs, to whom 
were referred the amendment submitted by Mr. POWER, the 
amendmohtsubmittsd by Mr. .TONESof Arkansas, and the amend- 
ment submitted by Mr. Dawes, on the 27th instant, intended to 
be proposed by them respectively to the Indian appropriation 
l)ill. reported them favorably, and moved that they bo referred 
to the Committee on Appropi'iations, and bejjrinted; which was 
agreed to. 

Mr. JONES of Arkansas, from the Committee on Indian 
Affairs, to whom was referred the bill (S. .3780) to authorize the 
loyal Creek Indians, Indian Territory, to bring suit in the Court 
of Claims for damages committed upon their property, reported 
it without amendment. 

Mr. SAW VER, from the Committee on Pensions, to whom 
was referred the bill(H. R.9741) to increase the pension ofCapt. 
E. U. Chase from $2) to $72 a month, reported it without amend- 
ment, and submitted a report thereon. 

Mr. PETTIGREW, from the Committee on Indian Affairs, to 
whom was referred an amendment submitted by himself on the 
9th instant, intended to be proposed to the Indian appropriation 
bill, reported it favorably, and moved that it be referred to the 
Committee on ^Appropriations, and he printed; which was agreed 
to. 

Mr. KVLK. moved that the Committee on Indian Affairs, to 
whom was lefei'rod the letter of the Secretary of the Interior, 
in response to a resolution of the Senate of the 21st instant rela- 
tive to claims of friendly Indians for depi-edations committed 
during the Pine Ridge disturbance, bo discharged from the 
further consideration of the same, and that it be referred to the 
Select Committee on Indian Depredations; which was agreed to. 

Mr. PETTIGRF.W. from the Committee on Indian Affairs, to 
whom was referred the bill (S. 3891) extending the time for the 
completion of its railroad by the Choctaw Coal and Railway 
Company, and for other [lurposes, reported it without amend- 
ment. 

Mr. MCMILLAN, from the Committee on the District of Co- 
^mbia. to whom was refci-i'ed the bill (S. 3776) to amend the 
charter of the District of Columbia Railway Company, reported 
it with amendments. 

He also, fi-o:u the same committee, to whom was referred an 
jHuendment submitted bj' Mr. HoARonthe 28th instant, intended 
to be lU'oposed to the deficiency appropriation bill, rei>orted it 
favoi-ably, and moved that it be referred to the Committee on 
Appi-opriations and be printed; which was agreed to. 

Mr. HIGGINS, from the t;ommittee on the District of Colum- 
bia, to whom was referred the bill (S. 3594) to confirm title to 
lots 13 and 14, in square 95!». in Washington, D. C, reported it 
with an amendment, and submitted a report thereon. 



189^ 



o. 



CONGRESSIONAL RECORD— SEX ATE. 



2271 



three weeks or four weeks, or how much practice they will n°ed 
before they are put on board the ships. 

The new Secretary of the Navy who is coming in on the 4th 
of March is a gentleman whom we all know, whom wo have been 
most pleasantly associated with for years in public life. He will 
not come into the Xavy Department as a green hand. He is not 
going to be subjected to the pressure from naval officers that a 
new man would be, or if he is, he knows how to resist it. He 
knows more about the needs of the Navy to-day than any officer 
in the Navy and is entirely competent to settle all of these ques- 
tions. J would much i-ather leave it to his discretion as a mat- 
ter of safety than to assume now to fix the number of days these 
men shall be employed. There is no mystery about it; "it is all 
shown on the face. We have to trust the Secretary of the Navy. 
It is an emergency, a thing that will never happen again. The 
great stotely pageant the country is committed to ought not in 
any way to be crippled, but the largest discretion ought to bo 
given to the head of the Department in managing and control- 
ling it. 

I should hope to see no change made in this part of the bill. 
If the Senate chooses to vote out the pei-mancnt increase 1 notify 
Senators that it is a thing that wUl not down. The old Secre- 
taries have recommended it. The incoming Secretary is very 
desirous that it shall be granted. I also notify Senators that it 
will not stop here; that in the next few years we shall have to 
make further increases. We are biulding up a fine navy of new 
ships. We must have men to man them. The two go along to- 
gether. The service will not be extravagant; it is not exti-ava- 
gant: but as there are some increases needed from time to time 
we shall have to furnish them. 

I expect as a work of pleasure and satisfaction to vote for all 
of these things when the new Secretary comes in and for his 
management, and that the Navy Department in the future as in 
the past will have the signal good fortune of being out of politics. 
When there is a Republican Secretary, Democratic Senators and 
members uphold his hand; when there is a Democratic Secre- 
tary. Republican Senators and members uphold his hands: and 
the work goes on. We trust the Secretary largely. That is all 
we are doing here. 

J.Ir. Mcpherson. I wish to can the attention of the Senate 
to the way in which we have been building naval vessels. I my- 
self have ever been at war with the policy, because I do not be- 
lieve in the particular line of policy which would build more 
cruising ships than we i-eally need, and especially have I been 
opposed to the so-called battle ships. But that is neither here 
nor there. My policy has been overruled by the Department 
and by Congress, and therefore I submit to the inevitable. 

But let it be understood that we have been building a goodly 
ijumber of large cruising vessels and then the armored ships, 
the large battle ships. It is necessary, of course, that thej' shall 
carry a large number of men, and unless you are to make provi- 
sion for the enlistment of men in sufficient numbers to man the 
great ships which leave our ports and are absent on a cruise for 
a long period of time, I submit it is folly to continue to build 
them or to make any increase above what we now have, \mtil 
the Government feels it is strong enough t-o equip and to man 
them. Unless some provision is made in this bill for the ships 
that are to be completed during the next summer and which we 
expect to put in commission, it will be very difficult for the Sec- 
retary of the Navy to suitably man the vessels, and unless this 
appropriation is made here upon the pending bill, I see no possi- 
bility ot getting any legislation about it before it will be greatly 
needed. 

The PRESIDING OFFICER. The question is on agreeing to 
the amendment of the Senator from Maryland [Mr. Gorman] to 
the amendment proposed by the Committee on Appropriations. 

Mr. WOLXDOTT. Lot the amendment to the amendment be 
read. 

The Secretary. On page 42, after the word "dollars," in 
line 19, strike out the following: 

Aud the number ot persons who may at one time be enlisted into the Navy 
ot the United States, including seamen, ordinary seamou, land.smcn. me- 
chanics, iiremeu, and coal heavers, and including 1,500 appi'entices and boys, 
hereby authori7.ed to be enlisted annually, shall not exceed 9,000. 

Mr. COCKRELL. Before acting upon the amendment to the 
amendment, in the preceding part of the committee amendment, 
in line '10, after the word "increase," I move to insert "for a 
period not exceeding forty -five days." 

The PRESIDING OFFICER. The amendment of the Senator 
from ilissouri is not now in order. 

Mr. GORMAN. I will withdraw my amendment to the amend- 
ment for a moment so that the Senator from Missouri may bring 
that question up at this time if he desires to do so. 

Mr. COCKRELL. It is proposed to a different part of the 
committee amendment. I have olfered it and the Senator can 
go on with his amendment to the amendment. I merely want 



to have the amendment I have offorod to be iionding after that 
IS disjKised of . „ ™uu. muv 

The PRESSING OFFICKn. The quosUon is on the an.ond- 
ment of the t>enator [ Mr. Gorman] to the amjnd- 

ment proposed by t: 

Mr. GOUM^VN. 
to bring to the all 
are doing in this ma:. . . 
Maine, who is in charge 
Hampshii-e, which were 
Chamber, i)robably on ai . 
the idea might be convey 
for a temporari' purpose, i;. 
.J'^i- ^^>"- i intended t, . . .'^ i did (purW« 

the Senator was absent), that lu.., .r ., ,.i.ju:. ■ 

permanent increase, costing annually from 
to $700,000. 

I^Ir. GORMAN. Some of our friends on th 
iugit with the view of making nt<?!ii)irira-v: 
I understand will bo of no cai • 
amendment suggested by my '. 

to limit the service to tlV 

necessity for that, I und' 
by the Department for t h 

In 1889 the present Socroiary cunic 
frankly and argued very ably and with l . 
prepared to say now that there is nut u uoct«.iv lur ooiuo in- 
crease) for a very much larger increase than is jirnjiosoil bv the 
amendment of the committee. The desire is for u '. i In- 

crease in the oOicors and enlisted men uf the Xti the 

new ships wo are building. Tlicro is w -■ • ■ •'■ 

displaj- at Hampton Uoads and .Noh- V' 
in connection with thisproixwition. Il i 
to increase the Navy seven hundred and lifly luci. 

Mr. HALE. Undoubtedly. 

Mr. GORMAN. It zncans an ir, 
after in tlio regular naval apjirop:- . 
$700,000 per annum. That is " 
It is true that in a temporary 
priation for the volunteer na\ :> 
last report says that that force has incr. 
that appropriation. It will bo found in 
port— I do not lay my oyo on it at th'- muj;;eiil. Ti. 
States are organizing this militia. IJoyo and uiou ari 
it and are being trained and prepared for the Navy. .\ii iii;i' 
has been done. These boys on the training ships have gone on 
and been propai-ed to enter the Navy. 

But this is a proposition for a ])ormancnt inr 
nothing whatever to do with tlie display n' Tl:: 
The Senator from Wisconsin [Mr. Vir,.\- " 
calls the attention of the .Senate to the i ■ 
termor enlistment. If this prop'-' 
boys and men will bo enlisted unci - 
from Wisconsin has just nad. S 
are doing. I myself have been uii 
crease of the Navy. I liavo, Ibelii . 
sitions, certainly those coming from lUe Guuijui; 
priatioDS, for the construction of new nhin?. I r 
the increase in the men will folic, 
whether this is the time to doit, w: 

a short time longer.isa matter thui i,..,_, .^u.x.^,. i-,..-, . ,, ,- 
sider for himself. 

As far back as 1880 the Secretai-y I'f t'l. Niivv (<>!,1 \is tli.it ho 
w'anted an increase of 1, .100; that tl. ;ho 

Navy; that there was an ii-^rent • ".<it 

know enough about the il 
assignment of officers aii'. 
ful. Stm, the Navy Dep 
that under the present c 

be wise to postpone thi~ 

Before wo fix by law an increase o 

tent at this session of C.ougrvss nc 

over. I have great faith in the pi' .y. 

I think he is an admirable officer. tat 

work, and he has done quite enougii ; ' ion 

as one of the best Secretaries who liavc !iat 

Depai'tmcnt. 

In the matter of an increase of b- -.y, 

with the other conditions which . ino 

understands perfectly, I think wo cau aiioi d to wtiil, oue yo»r 
longer. Lot the now S^^i-ivtary gi>t Blnnrj with ih«> numbi-r of 
enlist.-d men a- " ' ■ on 

and make the ;i al- 

ready been autli.i i... ,, ..., . . ■■ ivo 

been contracted for. Let us go on : 'n- 

ber. the insignificant nuralKM- provi' . iho 



2212 



CONGRESSIONAL RECORD— SENATE. 



February 28, 



mean time tlio new Secretary will have an opportunity to look 
the field over and see whether he can not get along without any 
incoavenionco in the service with the present number. 

Then, as the Senator from Maine has well said, and I am glad 
to hear him repeat it, for it is not a new statement for him to 
make, when the time comes at the next session of Congress and 
more ships have been put in commission and the new Secretary 
comes to Congress with a demonstration that it is absolutely nec- 
essary to increase the cost of the service, I have no doubt we shall 
have the earnest support of the Senators on the other side, as 
they have had ours during the past four j'ears,for whatever is 
necessary to make this great arm of the Government, now be- 
coming more important, as efficient as the needs of the country 
will require. But I do not think it wise in this or any other 
case, as I have more than once stated to the Senate, to fix an in- 
ci'cased expenditure hereafter. 

Mr. WOLCOTT. I should like to ask the Senator a question, 
if I may? 

Mr. GORMAN. I yield with great pleasure. 

Mr. WOLCOTT. Arc there any ships unable to go into com- 
mission now by reason of scarcity "of employes in the Navy? 

Mr. GORMAN. I do not understand that there are. I think 
that probably the officers would have a better time if we gave 
them more men. I think that they would probably clean the 
brasses on the ships and rub up the engines a little better than 
they do at present; that all the paraphernalia and all the facili- 
ties and comforts which can be added to these great ships would 
be increased and improved. We should probably have an oppor- 
tunity to entertain our foreign visitors a little better, and wo 
could have more men ou the decks and make a better display; 
but as to the navigation of the ships and their proper manage- 
ment in times of peace, I do not understand that it is an absolute 
necessity. It is desirable on the part of the officers and on the 
part of the Navy Department, but it does seem to me that we can 
afford to wait. I agree with the Senator from Maine that the ap- 
propriation for the entertainment and display is fixed and un- 
avoidable and we can not get away from it. It would be dis- 
creditable if we did; buti think we had better stop there. Hence 
my motion to strike out this provision. 

I ask the Senator from New Hampshire [Mr. Chandler], who 
has had familiarity with this subject, whether there would be 
any question about the proposition made by the Senator from 
Wisconsin and myself that this is a permanent increase of the 
Navy, and these men would be enlisted for four years or three 
years, whatever is the regular term of enlistment? 

Mr. HALE. Nobody has disputed it. 

Mr. GORMAN. There has been some question here in the 
debate on that point; there has been some confusion on the sub- 
ject at all events. I ask the Senator from New Hampshire for 
his opinion. 

Mr. CHANDLER. I had not examined this clause before I 
came into the Senate this morning. I then asked the Senator 
from Maine the meaning of it, and he stated to me exactly what 
ho has stated to the Senate. Therefore I assume that a perma- 
nent increase to 9,000 men was intended by the clause as it stands, 
and I do not myself see any objection to it. Senators must un- 
derstand that with the new ships and a large increase of the 
Navy at no distant day there must be an increase in the number 
of seamen in the Navy. I wassori-y the Senator from Maryland 
seemed to suggest that alarger number of seamen was wanted for 
any fi'ivolous or improper pui'pose. The Senator knows 

Mr. GORMAN. The Senator 

Mr. CHANDLER. If the Senator will allow me, he knows 
that the complement of seamen for the ships of different classes 
is fixed by a certain rule. The Secretary of the Navy does not 
undertake to exceed that rule, and it is very easy to be ascer- 
tained when the ships are in commission how many seamen are 
needed for that purpose. The Senator expects after that to make 
the necessary increase when it is called for? 

Mr. GORMAN. I may have possibly in answer to the Senator 
from Colorado [Mr. Wolcott] used too sti'ong an expression. I 
did not intend to do it. I did say that I believe for the next 
year the Navy can get along just as well as it is doing now, and 
I did say that the increase for the time being would give the 
oflicei's the additional facilities and comforts which I described. 

I meant to say that in my judgment this increase proposed is 
not absolutely necessary now; that there would not a ship go out 
of commission, or be tied up, or kept in the navy-yards if we fail to 
make this increase; that they can get along with some discom- 
fort: that probably they will not have the number required by 
the regulations; but in time of peace we can get along without 
this proposed increase. I did not intend to reflect upon the 
officers of the Navy. I do not feel so. I think that in that 
branch of the service like the Army they have fixed rules, and 
they want to keep up their establishment in time of peace prac- 
tically as they do in war. There is strict discipline in their 



service, and it is perfectly natural that they want to have the 
men around them. I do not say that in any offensive way or for 
the purpose of criticising them. 

Mr. CHANDLER. I knew the Senator did not intend to make 
any unfriendly criticism of the officers of the Navy. 

Mr. GORMAN. Not at all. 

Mr. CHANDLER. He has always voted liberally for the sup- 
port of the Navy. If the Senate does not wish to increase the 
number of men permanently in the Navy upon this bill of course 
that partof the amendment of the committee can be voted down. 
The provision for a temporary increase of the Navy seems w me 
to give a full and ample and appropriate discretion to the Secre- 
tary of the Navy, and I think that a reasonable amount of confi- 
dence certainly ought to be shown in that officer. 

The PRESIDING OFFICER. The question is on the amend- 
ment of the Senator from Maryland [Mr. GORMAN] to the 
amendment of the committee. 

Mr. VILAS. I understand the amendment of the Senator 
from Maryland was withdrawn temporarily in order to allow the 
Senator from Missouri to submit a proposed amendment. 

The PRESIDING OFFICER. The pending question is on the 
amendment of the Senator from Maryland [Mr. Gorman] to the 
amendment of the committee. 

Mr. PALMER. I ask that the amendment to the amendment 
be reported. 

The PRESIDING OFFICER, The amendment to the amend- 
ment will be again read. 

The Chief Clerk. On page 42 strike out from line 20 down 
to and including the word "thousand," in line 25, in the following 
words: 

And the number of persons who may ut one time be enlisted into the Navy 
of the United States, including seamen, ordinary seamen, landsmen, me- 
chanics, Uremen, and coal heavers, and includiu>-< l.SOOapprentlces and l)oys, 
hereby authorized to be enllstol annually, shall not exceed 9,000. 

Mr. GORMAN. I ask for the yeas and nays. 

The yeas and nays were ordered; and the Secretary proceeded 
to call the roll. 

Mr. BATE. Mr. President, I do not understand the question. 
I should like to have the question stated again. 

Mr. GORMAN. To vote "yea "keeps the number of enlisted 
men in the Navy as it is to-day; and to vote "nay" will in- 
crease the number 750. That is all there is of it. 

Mr. BATE. 1 understand it now. I vote "yea." 

The PRESIDING OFFICER (when Mr. Faulkner's name 
was called). The present occupant of the chair is paired with 
the Senator from Rhode Island TMr. AldrichJ. 

Mr. GEORGE (when his name was called). I have a general 
pair with the Senator from Oregon [Mr. Dolph] who is absent 
sick. I make the announcement for the day. 

Mr. MORRILL (when his name was called). I haveageneral 
pair with the Senator from Tennessee [Mr. Harris]. I do not 
see him present. I therefore withhold my vote. If he were 
present I should vote "nay." 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. ColquittJ. If he were present 
I should vote "nay." 

The roll call was concluded. 

Mr. DIXON. I am paired with the Senator from Mississippi 
[Mr. Walthall]. 

Mr. CULLOM. I inquire if the senior Senator from Delaware 
[Mr. Gray] has voted? 

The PRESIDING OFFICER. He has not voted. 

Mr. CULLOM. I withhold my vote. I am paired with that 
Senator. 

Mr. CAREY (after having voted in the negative). I thought 
that the Senator from South Carolina [Mr. Irby] had voted. I 
find that he has not done so. I withdraw my vote, as I am paired 
with him. 

Mr. QUAY. I am paired with the Senator from Alabama [Mr. 
Morgan] on this and all other questions except two, I believe. 

The result was announced — yeas 23, nays 26; as follows: 







YEAS-23. 




Bate. 


Gibson, 


Mills, 


Turpie, 


Blackburn, 


Gorman, 


Palmer, 


Vance, 


Ciffery, 


HUl, 


Pasco, 


Vest, 


Call. 


Jones, Ark. 


Peffer, 


Vilas. 


Camden, 


Kyle, 


Ransom, 


Voorhees. 


Coclirell, 


Lindsay, 


Sherman, 
NAYS— 26. 




Casey, 


Hale. 


.Jones, Nev. 


Sawyer, 


Chandler, 


Hausbrough, 


McMillan. 


Squire, 


Davis, 


H.awlev, 


McPherson, 


Stewart, 


Dubois, 


Uiixgins, 


Manderson, 


Stoclibridge 


Pelton, 


Hiscock, 


Piatt, 


Teller. 


Frve, 


Hoar, 


Power, 




Gallinger. 


—Hunton, 


Proctor, 





r or subject see Index. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



:>:>73 



Aldricb, 

Allen, 

Allison, 

Berry, 

Blodgett, 

Brice, 

Butler, 

Caiupron, 

Carey, 

Coke, 



NOT VOTING— 39. 



Colquitt, 


Harris, 


Ctillom, 


Irby, 


Daniel, 


Mitchell, 


-Dawes, 


>^ organ. 


Di:;on. 


Morrill, 


Dolpb, 


Padaock, 


Faulkner, 


Perkins, 


Gcoi'i^e, 


Pettigrew 


Govdon, 


PugU, 


Gray, 


Quay, 



Sanders, 

Shoup, 

Stanford, 

WaUha'l, 

Warren, 

Wa.'ihburn, 

White, 

Wilson. 

Wolcott. 



So the amendment t^ tho amendmont was reiectod 

The PRESIDING OFFICER. Tho question i-cours upon the 

amendment reported by tbo Committee on Appropriations. 
Mr. COCKRELL. In line IG, a'ter the word '• increase," I 

move to insert tho words " not to exceed forty-five days; '' so as 

to read: 

For the expeises of the international naval rendezvous .and review. In- 
cluding assembling an:l preparation of ships and such tjmpor.ary increase 
not to exceed forty-five days, of the force of enlisted men and marines as 
may be required, and such other necessary expenses as the Secretary of the 
Na\-y may authorize, to be immediately av.iilabl-. 1X)'J'J,000. 

The PRESIDING OFFICER. The qusstioa is on the amend- 
ment by the Senator from Missouri [Mr. Cockrell] to the 
amendment of the committee. 

Uv. VILAS. I should lilco to call attention to the fact that 
the very plain avowal of the Senator from Maryland [Mr. Gor- 
man] and the vote which has jtist been taken seem to require 
that this provision, which is for a temporary increase, should bo 
limited. We have left in tho amendment, and it will be in the 
bill, the provision for the permanent increase. This provision 
for the temporary increase ought to be either stricken out alto- 
gether or it ought to be limited in accordance with tho purpose 
for which it is proposed. I hope the amendment to the amend- 
ment will prevail. 

The amendment to the amendment was rejected. 

The PRESIDING OFFICER. Tho question recurs upon the 
amendment reported by the committee. 

Mr. MCPHERSON. It would S2cra very plain to mo that tho 
criticism made upon the bill by the Senator from Wisconsin in 
its present attitude and position was very proper. Havins made 
provision for a permanent increase of the Navy to the extent de- 
manded, it would seem unnecessary that we should also provide 
for a temporary increase. I think if tho Senator from Maine 
who has charge of the bill will consider that view of the ques- 
tion he will find it possible to leave out the provision for a tem- 
porary increase, because for the occasion which this great event 
demands the permanent increase can for tho time being be util- 
ized for all purposes necessary for this celebration. 

Mr. HALE. I know the Senator wants to accomplish the right 
thing, but the very trouble is that the provision for a permanent 
increase can not be used for a temporary increase. The very 
thing that is wanted is the opportunity to hire men for such 
length of time as they are needed. The permanent increase 
feature will not cover that. 

Mr. MCPHERSON. All right, then. 

The PRESIDING OFFICER. The question is upon agreeing 
to the amendment reported by the Committee on Appropria- 
tions. 

The amendment was agreed to. 

Thereadingof the bill was continued. The next amendment of 
the Committee on Appropriations was on page 43, after line 14, 
to insert: 

For expenses of the Army Incident to international naval rendezvous and 
review: To enable the comniandin;,' offlcor and troops at Fort Monroe, Va., 
to participate In a becoming manner in the ceremonies iucidcr.t to the in- 
ternational naval rendezvous and review in Hampton Roads during April, 
)8p3, to bo Immediately available and to be disbursed by the (commanding 
officer of tho post at Fort Monroe, Va., tinder the direction of the .Secretary 
of War, 10,800. 

Mr. VEST. I should like to know what that appropriation 
for the Army is doing in the naval appropriation bill. Why was 
it not put in the Army appropriation bill? 

Mr. HALE. It was submitted as an estimate from the Secre- 
tary of War, and it is put in this bill because it is incidental to 
the naval review. It might very properly and fittingly have 
been put in the Army appropriation bill, but it had not come in 
at that time. 

The amendment w-as agreed to. 

The next amendment of the Committee on Appropriations was, 
on page 44, under the head of "Increase of tho Navy," line 4, after 
the word "contract," to strike out '■ one light-draft protected 
gunboat "and insert '■ four light-draft protected gunboats;" in 
line 6, after the word '"displacement," to insert "each; " in line 
8, after the word "dollars," to insert "each;" in lino 10, after 
the words "construction of," to strike out "said cruiser" and 
insert "cither of said cruisers;" in line 20, before the word 
"all," to strike out " vessel" and insert "vessels:" inline 23, 
after the word "said," to strike out "vessel, its" and insert 
"vessels, their; " in line 24, before the word " built," to strike 



out ••It IS ana insert "they are:" on pa 'o 4:,, line 1 u' . • i' .> 
word' said," to strike out ••contra.t" and insert "(." 
line L, after the word •'said.' to strike out " vessel " 

vessels:" and in line 4, a- ord "all," to Mnko out 

Its 'and insert "their; "so . 

That for th.- 1, III", 1^ ■.,' r,,ri>, ,- 
tjulted St 
contract. 
e;ich, to C'^ 

any premium tuai ui.v u,- 
anient. The contract 'for t 
co:italn iHovklous to tl..- ■ 
completed and tested • 
Navy Department, it 
hour: ami for cvervqi; . 
sjieeJ the contractor bli.i:i . 
price of IIO.OOJ; anat.irev.-i 
.said guarant-eU sj^.-d tli i 
Slim of 510.000. In ih'' 
of Augusta, 18X0, en>: 
as to material r..r s :il > 
tract under whl'i 
plans. draMliig. 
contracts, shall i ' 

si;i^|['i;^Sf"!.:;,!!^ac n;^n;ia<;tur!.' ^-'- "^-^ "'^^ '"^" ^^'^i^^-'-^i^^ 

Tho amendment was a;,'reed to. 

The next amendment was, on i)a;;e 4'., lino ."i, afior tho wonl 

manufacture" to insert the f.>;Iov, in- i,r,,v!«n: 

I'lOfiilftl. hoiieitr. That iho Se. i 

slder bids from any party or pan i 

the work: And prurtdfti furlfier. 'D... . 

of these shlp<, tho Secretary of the N,r 

price of the lowest bid to that one of ti 

which in his judgment It Is In the laterta: •. -.u-.n.-ui i,, i, >,■■., ,.., 

the work, " .•■ .o ,i.j 

The amendment was agreed to. 

The next amendment was. on page J.""., in lino 14. after tho word 

said " to strikeout " vessel" and insert " vessol8,"und in lino 
lo, after tho word "such," to strike out " voasol" and insert 
" vessels;" so as to make tho clause road: 

If the Secrct.aryof the Na\-y shall Xxs unable to conlrael nt 
prices for the building of said vessels, then ho may build such \> 
navy -yard as he may desl^cnule. 

Tho am.-ndinent was agreed to. 

The reading of the bill was concluded. 

Mr. HALE. On page 4,5, lino 2, aftor the word • act," 1 movo 

to insert: 

Including the purchase of ..r ,.,,•.„..„, • > .. _i ., _ _ . ,. 

such patented processes and • 
apiiaratus. moilels, and dcslc 

the Navy, bo necessary or dc , „ ,,. ,. „ ,,, ,„,. ..rni.ir 

and armament tor naval vessels. 

The amendment was agreed to. 

Mr. SQUIRE. Mr. President, I understand amendmenls i)ro- 
posed by Senators are now in order. I projwso to nni-t.cl. on 
page 20, line 14, by striking out the words ••tw.. . i 

twenty-five, ' and inserting in lieu thereof Ih. 
hundred;" so that the amount ap|)roi)ri:ited will : 

This is for a dry dock at I'ligot So uid, \Va Tho 

reason for the proposed amendment is simply til ili.i 

pi-eceding Congress the bill that passed provided ft.r 
struction of a dry dock for naval and ■■.mnnTcinl y 
Puget Sound at a cost not to exceed 
$200,000 was then approjiriated for b,,^;.' 

that time tho contract has been lot for n.- . oii>iru.iiiiii m ims 
dry dock. Tho price named in the contract was M91,. 500. Tho 
work is under way at the present time. 

The naval bill comes to tho Senate from i 
sentatives at this session with a proviso th . 
appropriated for the construction of this dry iio,^ii. , 
that but little more would be lacking to comiilito thi.-- 
and I appeal to tho member of V:- t '• , m- 

tions. who has tho bill in charge, : 

It appears that only $tiii,."i(,0 mor. .. .•.,. 

pletc the work. There will be, in addition t<. 
amount required for other expenses, such n = Wv^ 
the dry dock, rent of quarters for civil 
pay of superintendents, inspectors, n- 
dredging, and incidental expenses. T 
ment I propose, I have named the sum ■ 
only allow .^iS.iiOO for those mi-,- ■^.l■•. ■ 

Now, Mr. President, I wish ato 

to this matter very oarnostly. .w 

does require the completion of thi» dry ihk:k u 
and there is no reason for dflnyinnr tho wi<i-k. 'i 
is able to do the work iin 
thinks, and we may as w 
small additional anioiml 
and to give tlio country • 

In this connection I sli" 
published in the New York Times of Kcbruarj- 7, Ist'.*, n-inlivo 
to the necessity of a dry dock on the Pacific coast. I will jiro- 



XXIV- 



-143 



2214 



CONGRESSIONAL RECORD— SENATE. 



Eebruaky 28, 



mise by saying that at present there is, as I understand, only 
one di-y dock belonging to the Government on the Pacific coast- 
that at the Mare Island navy-yard. The United States has a 
large numlior of war vessels on that coast, I think five or six at 
present, and there is astrong probability of increasing our naval 
forces in those waters. 

The bottoms of these vessels become foul to such a degree that 
their speed is very largely decreased, and, as I said, in this con- 
nection I desire to call attention to this article which I will send 
to the desk and ask to have read. 

The VICE-PRESIDENT. The article will be read. 

The Secretary read as follows: 

It is reported in uaval circles tliat tlie cruiser Boston, now at Hawaii, will 
be compelled shortly to proceed to San Francisco In order to have her hull 
under water cleaned. The condition of the vessel's bottom is said to be 
more than ordinarily (oul, and it is reported that the Boston, from being a 
15 8-lmot per hour cruiser, has had her speed reduced to something like 10 
knots per hour. All this is due to the vegetable growth on the vessel s un- 

The Boston's plight is emphasizing, it is said, particularly at this time, 
when the Government needs its best ships at the Sandwich Islands, the 
necessity for sheathin'.; the bottoms of all the new vessels. The Navy regu- 
lations prescribe that the cruisers shall be docked at least once in every six 
months The proper preserv.atiou of the under-water hull plates demands 
this attention, and in foreign waters United States war vessels are permit- 
ted to use and pay tor docking in foreign docks. The right to use Govern- 
mentdocks has always been extended in recent years to United States ships 
by European powers. The same com'tesy is sho'wn in American waters to 
the war ships of foreign countries. .,.„..■ 

The Boston has been at Honolulu for the past three months. Pr ior to her 
sailing for the Sandwich Islands she did considerable cruising m the trop- 
ical waters of the Pacillc. She has received one docking since she reached 
the Pacific, at the Mare Island I Calif ornia) dock, but this attention w.as be- 
stowed as long ago as last summer. , ,, ,j, , . 

Since reaching Honolulu the Boston has remamed almost wholly idle, lymg 
the major portion of her time quietly at anchor. Vessels actively cruising 
do not appear to take on as much vegetable growth as those lying still. 

Honolulu Harbor, it is reported, is one of the worstsections of the Pacific 
in which to foul a ship's bottom. „ , , , „ „ 

The sloop of war Mohican is now on her way to Honolulu from San Fran- 
cisco As soon as the latter ship arrives out the Navy Department.will, in 
all probability, order the Boston to San Francisco for an overhauling. 

Mr. SQUIRE. I have another article published in the New 
York Times of February 27, 1893, and other newspaper excerpts 
of the same purport, which, however, it will not bo necessary 
to road to the Senate to-day. But I submit that it is a f act, fi rst, 
that a dry dock is necessary at this point on the Pacific coast. 
The evidence is conclusive on this point. The speed of vessels 
on the Pacific Ocean is i-educed in some cases over 50 per cent 
by fouling of ship's bottoms. Secondly, Congress has already 
legislated on that subject, having provided by law for a dry dock 
there to cost not exceeding $700,000. It has already appropriated 
$200,000. The work is going on. The contract has been let, as 
I stated, at a less sum than it was originally supposed the work 
could be done for. Now we may just as well provide the sum of 
money that will enable this dry dock to be completed, and that 
sum of moucy will only be about $75,000, all told, more than has 
been provided for in the bill as it came from the House of Rep- 
resentatives. 

Mr. President, the interests of the Government on the Pacific 
coast are such that it seems to me the Senate ought to appro- 
priate all the money necessary to complete this dry dock. It 
can be done at very little extra expense. Here to-day we have 
been voting away $300,000 for a naval review or for a groat com- 
memorative naval pageant, and I am not unwilling — I voted for 
that appropriation, and I believe it is right— but how much more 
important to complete this great public work on the Pacific 
coast, where we now have only one United States Government 
dry dock. 

i trust that the member of the Committee on Appropriations 
having the bill in charge will kindly accept this amendment and 
let the Pacific coast have the benefitof the appropriation for the 
completion of this work now. 

Mr. COCKRELiL. Let the amendment of the Senator from 
Washington be read. 
The VICE-PRESIDENT. The amendment will be stated. 
The Chief Clerk. On page 20, line 14, before the word 
"thousand" strike out "two hundred and twenty-five" and in- 
sert "three hundred;" so as to read: 

To continue the construction with durable materials of the dry dock at 
Puget Sound, authorized by the act approved March 2, 1891, including ap- 
proaches to dry dock, rent of quarters lor ciril engineer and inspector, pay 
of superintendents, inspectors, and draftsmen, necessary dredging, and in- 
cidental expenses, ?300,000, 

Mr. COCKRELL. Is that estimated for? 

Mr. SQUIRE. Yes, sir. I understand that it is estimated for. 

Mr. BLACKBURN. That is for the completion of the work. 

Mr. SQUIRE. That is for the completion of it. I will state 
that I consulted with Commodore Parquhar, in charge of the 
United States Bureau of Docks, and I understand him to say that 
this work as at present designed can bs completed for the sum of 
$300,000. I think the entire sum may as well be appropriated. 
It will only cost a little more. Why should this important work 



be dragging along for three or foury;ars when we can get it all 
done within at least two years, perhaps in one year and a half, 
or even one year'? 

Mr. COCKRELL. The" question is with regard to the two 
years. Why appropriate $300,000 now if that amount can not be 
expended for at least two years':" 

Mr. SQUIRE. It can. That is the very paint I make, that it 
can be expended now advantageously to the Government. 

Mr. COCKRELL. Do I understand that $300,000 can all be 
used within the coming fiscal year? 

Mr. SQUIRE. Yes. That is my understanding if the work 
can go rapidly ahead upon the original design. 

Mr. COCKRELL. And complete this dry dock? 

Mr. SQUIRE. Yes; and that is the very reason why I ask 
that the amount be changed. The ships of the Navy need this 
dock, and the commerce of the Pacific coast needs it, and the 
contractors can complete it if they can draw the money. So I 
am Informed ahd believe. 

The amendment was agreed to. 

Mr. G ALLINGER. On the 2Gth day of January I proposed an 
amendment to the appropriation bill now under consideration 
which I hoped to see reported and included in the bill, but un- 
fortunately I do not find it. I send the amendment in substance 
to the desk and offer it at this time. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. It is proposed to insert after line 15 on 
page 20: 

Dry dock, Portsmouth, N. H. : To commence the construction of a dry 
dock at Portsmouth navy-yard, of such size, design, and material as may be 
determined by the Secretary of the Navy, ?100,0U0, under a limit of 1500,003 
as the total cost of said dock. 

The VICE-PRESIDENT. The question is on agreeing to the 
amendment proposed by the Senator from New Hampshire [Mr. 
Gallinger]. 

Mr. GALLINGER. I ani aware of the fact that very likely 
the amendment I have proposed is subject to a point of order, 
but I trust it may not be made against it. 

I will say, concerning this proposed dry dock at Portsmouth, 
that the present dock is a very old and rickety affair, having 
been built more than forty years ago; and that in the very na- 
ture of things it will soon have to be abandoned or a new dry 
dock built. The harbor of Portsmouth is one of the best, if not 
the best, on the Atlantic coast. During the recent cold weather 
Portsmouth Harbor was the only harbor on the entire Atlantic 
coast that every day during the winter was entirely free from 
ice. 

I do not care to discuss this matter at length, but I feel very 
sure that the Senator having in charge the bill, who is entirely 
familiar with the Portsmouth navy-yard and the necessities of 
the case, will frankly state to the Senate that in his judgment 
this appropriation ought to be made and that a dry dock ought 
to be constructed at that yard. 

As I said in the beginning, while I apprehend that the_ amend- 
ment is subject to the point of order, I trust that in the interest 
of economy and of good administration of our naval affairs the 
point will not bo made against it, and that it will be allowed to 
be incorporated in the bill. 

Mr. COCKRELL. I heartily and warmly sympathize with the 
distinguished Senator from New Hampshire in his desire to see 
this appropriation made, and I regret that the distinguished 
Senator from Maine feels such an active interest in the matter 
that he can not make the point of order. 

Mr. HALE. I certainly shall not do so. 

Mr. COCKRELL. I know it is an important matter, and that 
Portsmouth is a most excellent port— probably the best on the 
New England coast — but there must be an end to the amount that 
Congress can and ought to appropriate in this Inll. We can not 
afford, with the objects that we have under contract, under con- 
sideration, and under construction, to begin a new one, and es- 
pecially one not estimated for by the Department, i am com- 
pelled, therefore, to make the point of order that the amendment 
is not estimated for and is not in order on the bill. 

The \T:CE-PRESIDENT. The Chair is of opinion that the 
point of order is well taken. 

The bill was reported to the Senate as amended, and the amend- 
ments were concurred in. 

The amendments were ordered to be engrossed, and the bill 
to be read a third time. 

T'lO bill was read the third time, and passed. 

PROPOSED EXECUTIVE SESSION. 

Mr. SHERMAN. I desire to have a brief executive session. 
I therefore make that motion. 

IMr. COCKRELL. I hope that the important bill in regard to 
regulating the sale of intoxicating liquors in the District of Co- 
lumbia, which is the unfinished business, will not be laid aside 



1893. 



CONGRESSIONAL EECORD— SEXATE. 



2215 



after having bsen pending so long. It is one that will save to 
the taxpayers of this District from $300,000 to $400,000 if it be- 
comes a law. ' 

Mr HANSBROUGH. I trust the Senator from Ohio will 
withdraw his motion. We can get through with the bill in fif- 
teen or twenty minutes. 

Mr SHERMAN. I can not give the reasons for my motion, 
but after a brjef executive session the license bill will be the 
regular order of business. I hope we shall have an executive 
session while the Senate is full, and in a brief time I hope we 
shall be able to resume legislative busincis 

The VICE-PRESIDENT. The Senator from Ohio moves that 
the Senate proceed to the consideration of executive business. 

Mr.-SHERMAN. I call for the yeas and navs on the motion. 

Tlie yeas and nays were ordered, and the Secretary in-oceeded 
to call the roll. 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. ColquittJ. I therefore with- 
hold my vote. 

The mil call was concluded. 

I^Ir. HIGGINS. I desire to inquire whether the Senator from 
New .Jersey [Mr. McPhersonI is recorded as having voted'? 

The VICE-PRESIDENT. He is not recorded. 

Mr. HIGGINS. I withhold my vote, being paired with that 
Senator. 

Ml'. DIXON. I am paired with the Senator from Mississippi 
[Mr. Walthall]. 

Ml-. CULLOM. I am paired with the Senator from Delaware 
[Mr. Gray], and therefore withhold my vote. 

Mr. VILAS. I wish to announce that the Senator from 
Louisiana [Mr. White] is unavoidably absent from the Cham- 
ber, and is paired with the Senator from Montana [Mr. Power]. 

The result was announced— yeas 27, nays 29; as follows: 



Carey, 




Prye. 


Casev, 




Gallinger, 


Chaii.Upr, 


. 


Halo, 


Davis, 


X 


Hitnsbrough 


Dawes, 


a> 


Hawley, 


Duliois, 


"O 


Hiscook, 


Felt on, 


cz 


Hoar, 


Bate, 




Coke, 


Bern-, 


CO 


Daniel, 


Blai-kbum, 




Faulkner, 


Bloili;"tt, 


•4—* 


Gibson, 


Brk-p, 


o 


Gordon, 


Call, 


o 


Gorman, 


Cam lieu. 


lo" 


Harris, 


Coclaell. 


CO 


Hill, 

NO 


Aldrich, 


o 


Dixon, 


Allen, 


U_ 


Dolph, 


AlliRou, 




George, 


Butl.n-, 




Gray, 


Calfcry, 




Hlu'glns. 


Cameron, 




Jones, Nev. 


Colquitt, 




McPlierson,' 


Cullom, 




Mills, 



YEAS— 27, 

McMillan. 

Manderson, 

Morrill, 

Pefler. 

Pettigrew, 

Piatt. 

Proctor, 

NAYS— 29, 

HuutOD, 

Irby. 

Jones, Ark. 

Kyle, 

Lindsay, 

Palmer, 

Pasco, 

Pugli, 



NOT V011NG— S2. 

Mitchell, 

Morprau, 

Paddock, 

Perkins, 

Power, 

Quay, 

Ransom, 

Sanders, 



Sawyer, 

.Sherman, 

Squire, 

Stewart, 

SiocUbrldge, 

Warren. 



Tiu-pie, 

Vance, 

Vest, 

VUas, 
Voorhees, 



Shoup, 

Stanford, 

Teller, 

Walthall, 

Washburn, 

White, 

Wilson, 

Wolcott. 



So the motion was not agreed to. 



LIQUOR TRAFFIC IN THE DISTRICT OF COLUMBIA. 

Mr. HANSBROUGH. I ask that the unfinished business Ise 
now proceeded with. 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (H. R, 10266) regulating the sale of intoxi- 
cating liquors in the District of Columbia. 

Mv. PUGH. I ask imanimous consc-nt to proceed to the consid- 
eration of House bill 102S0. It will take but a minute. 

The VICE-PRESIDENT. Does the Senator from North Da- 
kota .yield to the Senator from Alabama? 

Mr'. HANSBROUGH. I can not yield. It will not take more 
than five ininutes probably to finish the consideration of this bill. 
and after that the Senate will, I have no doubt, accede to the 
request of the Senator from Alabama. I mustdccline at present 
to yield. We have been engaged on this bill for four davs. 

The VICE-PRESID)']NT. The bill is as in Committee of the 
Whole and open to amendment. 

Mr. HANSBROUGH. I desii-e to move a slight amendment. 
On page 5, line 37, after the word "licensee" I move to insert a 
comma: in line 38, after the word "'issued " to insert a comma: 
and in line -14, on the same page, after the word "aforesaid " to 
strike ;out the comma. 

The amendment was agreed to. 

Mr, TURPIE. Mr. President, I offer an amendment, and wish 
to be heard in support of the same. 

The VICE-PRESIDENT. The amendment of the Senator 
from Indiana will be stated. 



ITie Chief Clerk. In section 5. line 4, strike out the words 
a majority • and insert the word " twentj:" so as to peatir 

Tliat In the cities of Washln?tou and Ge..r--,.>i, ■.• .>,,„,. , 

every applicant for a barroum license lo I): / 

his appllcaUon the written iwraUssloa of t'v, ,' 



est.tte, etc. 



The VICE-PRESIDENT. The quosUon iaon agrceine to tho 
amendment proposed by the .Senator fr i.„ . .^vfv^."*.*:?'? 

Mr. TURinE. Mi-. President. I h: 
at every stage. I objeet*-d to it^ b ■: 

Its consid«^ration, I vob '^ 

I extremely regret tli;i 

be discussed. But it i,,,,.-,, ' 

some degree, or not at all. ' 

its present condition, and iL. ^ , . . , , ..^ , , ' 

inconsiderate deliberation wl'iich may now lie fflvon t«'i- 
visions. I, - w 1 

Legislation by Congresi for the District of C 

of government within a govornnieiit. It is ii v. 

pie of the rule of u munii'ipali' 

upon it by the members of a Na 

tury hereafter, ani even now. i- 

to ascertain how the legislation 

largo number of nonresident lav. . , 

the wishes, the wants, tlie intercalo of uu iirljau oii , 

population of very limited extent and t<>rr!t"ry. ^\■ 

day here with I'ospect to roads. I.: ' 

islation in detail whioliat home i 

such as county commissiiiner,-, ,.. , 

have very lirai"tcd powers. But we h'. 

on matters of general interest, and su . 

bill. 

Notwithstanding the peculiar circumstances of Icr'-'nTl vo au- 
thority here, I do not look upon the Uistri.'t <■' ■ ~ as a 

field for experiment: yet in my judgment, .\Ir. • thin 

bill is wholly cmpii-ical in some of its p' ■ ,. 

regard legislation liere upon general - 

lation of the sale of intoxicants as in t 

ample for Ih j legislation of the States ; 
So far as I have examined bills of a r ^ 

by the Committee on the District of Coli.iiibia, ; 

drawn with great care, very wary in their pni 
fair exemplars for legislators olsrwhere. 

The Senator from Now York [Mr. lIiLL) the other day said 
that he wa-s unwilling that the poopl-' ■'< ii.i- i>;^. .■; .. i . i i i, , 
subjected to greater restrictions ihaii i 

am unwilling that into a bill of tliis n;i 
strictions shall go than into such enacuueu 
lieople of my own State, or at least such n i 

a))proved by the majority of opinion in 

The Senator from New Iluuipshir. .mxger] In bU 

opening remarks upon this subject — 1 ,.;;i,, no is not in bU 

seat 

Mr. GALLINGER. I am listening to the .=:en:<i,,'-. 
Mr. TURPIE. I am glad to know it. T' 
he would not vote for this bill boejius.^ it i- 
legislature which ])roposes to lie^ 
he did not desire to derive roven 
regarded as competent for that inn-j' m^. , r 
did not wish to be a participant in tlie man 

and offenses which might arise from the al ,., ., 

conferred here. Notie of us do. 

I do not know whetherthe Senator's opinion has N^'^nfti. 
by recent amendments. But his whole ur 
upon the fallacy that the ability, the opi' 
is in itself evil. The ability, th 
to do evil is not in itself any mo 
opportunity to do good is gooil. Ti., ,. 
are both mere instrumentalities. If a ; 
ness under this proposed law is anyoii' 
if he goes there, i^ he oblig.d to indiii 
To take it for granted that the ability : 

arc in themselves evil, would niiiK .. !,., . 

ing a participant in all the evils i 

The contention that tl: '■', 

is to make the very cxi 

against rectitude, a sin a^ 

ment is made use of by the atli' 
He says the Deity is omni.scieiit. 1 
den things of darkness and n 
might prevent, as is said by 
and others of his views, a.s 
and liecause lie do^'s not ]}V' 

the author of and a participai. . ., ^. 

this world. I do not subscrib.^ to any aiich heresy, and 1 Itsavs 



2276 



CONGRESSIONAL EECORD— SENATE. 



Febeuaey 28, 



the defense and justification of it to those who depend uponitas 
an arg-iiment in support of the policy of this bill. 

The Senator from New Hampshire was unwilling to derive 
revenue from such a source. Whence is the revenue of the 
Government now derived? Hundreds of millions are derived 
from the excise tax upon spirits, many thousands of dollars 
from the special tax paid by wholo.'^alers for their licenses, 
anil many other millions from the tariff tax levied upon spirits 
and upon fermented and malt liquors imported. Are these un- 
tainted? Have they no connection with "the wretchedness, mis- 
ery, and tears which the Senator from New Hampshire alluded 
to as being- related to the license system. 

Affain, sir, whence is a large amount of the revenue of the 
States as well as of the United States derived? Prom the imposi- 
tion of pecuniary fines and forfeitures for olTenses against the 
criminal law. Even the price of blood in the form of a forfeited 
bond may go into the Treasury. It is too late for any lawgiver 
to take the stand that the folly, the weakness, or the wickedness 
of mankind, if you pleasa to call it such, is not to be made the 
object amd subject of revenue. There is no civilized nation — 
there has been none in the past and there is none now — which 
has not derived a very large portion of its revenue from a levy 
of this character. A reformer who would be willing to strike 
out such a local and comparatively small fee for licenss in rela- 
tion to this particular traffic, and at the same time make no ob- 
jection to the millions which are collected from the same source 
otherwise, is straining at a gnat — visible only under the micro- 
scope—and is swallowing a camel with two humps of the largest 
size. 

We have all heard the phrases as chargeable to liberal senti- 
ments on this subject-matter, that wo are participants in the 
evil which their transgressions bring upon offenders. There is 
nothing new in any of the phrases used by the Senator from New 
Hampshire, denunciatory as they were of the license system. 
They belong to the vernacular of that fanaticism which discards 
the actual and the practical, the ordinary every-day good in 
legislation, and demands a standard of superhuman virtue and 
excellence to suit the ethereal views and visions of the purist 
and the pietist. 

I understood the Senator to say that this was a license bill, and 
therefore he would vote against it. I shall vote against the bill 
because it is not a license measu:-e. 

I understood the very learned and honorable Senator from 
Maryland [Mr. GormanJ to say that this was a bill for revenue, 
and thex-efore it ought to be expedited; it ought to be advanced; 
it ought to bo taken up and considered. The Senator from Mary- 
land is mistaken. This is not a measure for revenue. It is very 
seldom the honorable Senator makes such a grievous lajjse, if he 
will allow me to call it by the mildest term. This is not a mcas- 
lU'o for license primarily; it is not a measure for re venue primarily. 
The chief, principal, cardinal point in the bill is that of prohib- 
itory legislation, depending upon the will of the majority, to bo 
taken upon this question by petition. 

The three amendments I have offered at once go to this point. 
I have moved to strike out the words " a majority " wherever 
they occur, and to insert a reasonable number of householders 
and freeholders as signers to the petition, just as we do in our 
Stat«, just as they do in the majority of the States, just as is done 
in the case of a ditch, in the case of a highway, in the case of 
getting a license to keep an inn or a tavern. 'This number of 
signatures will be sufficient t J act as sponsors for the person who 
undertakes the business, to fully identify him and localize him 
as a dealer and resident in that section of the District; and that 
is the only legitimate object of these signatures. 

Why, sir, this bill provides that in certain sections of the Dis- 
trict, that is, in the city sections, the applicant for license shall 
have a majority of the residents keeping house and a majority 
of the persons owning real estate, and the applicant for a license 
in a rural place shall have a majority of both such classes of per- 
sons. There maj' be a count of the opposers and the friends of 
the license system in a certain section of this city which shall 
approach to within one of an even number on both sides. What 
would bo the consequence? Would this then be a license law? 

It might depend upon one man who was opposed to this system, 
who had an adverse opinion, and upon the act of that single man, 
owning real estate perhaps in diflerent sections of the city and the 
District, might depend the question whether in the first place a 
license should be issued. Is this then a license measure? In the 
next place, whether revenue should accrue. In this then ameas- 
iire for revenue? And lastly, whether the sale and use of these 
commodities should obtain in that neighborhood. 

There is no doubt but that sales, with or without license, will 
occur, and with or without revenue will also occur. Senators 
may be surprised to hear that this dominant policy in some sec- 
tions of the country, of legislative prohibition, although it may 
not have adorned the English language, has really added a new 



word to the already large number in that tongue, or rather a 
combination of two old ones in a now significance. I all .do to 
that haunt of bibulous prostitution, I refer to that den of thirst- 
ing hypocrisy, I allude to that house of fraud and of alultera- 
tion which is commonly called the "speak-easy.'" 

This bill would not prevent the speak-easy, but it would pre- 
vent license; it would prevent revenue. The signature of one 
man may be needed to make a majority. Of course the same 
thing might occur in any election. Certainly it might; but why 
should this matter be submitted to an election? What has the 
majority to do with such a question? 

It is said that the will of the majority in this country governs. 
The will of the majority oxpi-essed under the form of law gov- 
erns in this country in respect to those matters which pertain to 
government. But there arc certain rights over which the 
Government has no control wlijjtever, which are beyond the 
reach of law, beyond the reach of the power of the majority. 
Those rights are called natural, sometimes inalienable. They 
are enumerated in the constitutions of forty-four States; some 
of them are enumerated ia the Constitution of the United States. 
Theyareenumerated, but they are notgranted; they are not con- 
ferred by any government, State or national; they are a part 
of the birthright of every freeman. These rights are not only 
free, butthey are equal, they are sovereign. They acknowledge 
no superior; that is the attribute of sovereignty. This Govern- 
ment has never conferred and can not confer them. 

The foundation of this Government was brought about by the 
free conditions wliich preceded it. This republican form of 
government and this democratic jiolicy are the effect, not the 
cause, of human liberty. Itis true the State constitutions and 
the national Constitution guarantee all these rights as rights 
inalienable. A man can not be deprived of them, and ho can not 
himself abdicate them any more than he can sell himself into 
slavery. Yes, sir; they are guaranteed by these constitutional 
ordinances, but they wore not created by such ordinances, and 
their sovereignty shows that the individual, the unit, is, with 
I'cspect to these rights, superior to and above the reach of legis- 
lation. The man is greater than the state. 

The man, considered with respect to his responsibility as a 
free agent, political and civil, and considered with respect to 
the relations which he bears to the distant scene of the future 
beyond this life which certainly awaits him, is infinitely greater 
than the state under any form of development, and the state 
under any form is infinitely less than the man. It is transient, 
it is transitory, it is e])homeral as compared with the man. 

Now, sir, one of these rights is the right of life, liberty, and 
the pursuit of happiness, alluded to in the Declaration of Inde- 
pendence, the greatest American state paper, the greatest state 
paper of the world. Some of these rights are alluded to in the 
State constitutions, are enumci-ated, but the fact that some of 
them may not be eniunerated does not disparage their existence 
or their exercise. 

There is the right of freedom of the press, there is ths right 
of free speech, there is the right of freedom of worship and con- 
science, a sovereign right, one which can not be interfered with 
by legislation, the right of every man to worship God according 
to the dictates of his own conscience. 

But, say these advocates of fanaticism, temperance is a good 
thing, always using the word in the sense of total abstinence. I 
shall use it in the same sense. Temperance is a good thing, 
they say, a noble thing, an excellent thing, a pure thing. Is it 
bettor than the Christian religion? I ask that. If the majority 
of a certain section, a city, a county, can establish a mode of life 
by law, why may they not establish a mode of worship by their 
will? It does not depend upon what mode of worship they es- 
tablish, for the exercise of legitimats power in government is 
not to be questioned at all by its operation. They may establish 
Catholicism in one neighborhood if that be the will of the ma- 
jority; they may teach Protestantism in another. That is one 
of the reasons why these high doctrines and principles of religion 
are not subjected to the will of the majoritj', l:ecause truth is one 
and indivisible, and can not be changed by a yea-and-nay vote of 
this assembly, or by any majority acting either by the ballot or 
by i^etition. 

Why may we not have a law compelling every man and woman 
of adult age to join some church? Senators in favor of this 
policy of prohibition might talk until sundown, showing the 
beneficence of such a measure. Why may we not have a law 
compelling every man to join at least some of the benevolent so- 
cieties, some of the mutual aid societies, the Masons or the Odd 
Fellows? Because the oldest and best members of such organi- 
zations and the churches themselves would flinch from such an 
accession. The church would not be benefited by such an aeces- 
sion, the individual joiner would not be benefited thereby. I 
steadfastly believe in all the articles of the Christian faith, but 
I would not vote for a law which would enable the will of the 



1893. 



CONGRESSIONAL RECORD— SENATE. 



2:277 



majority to compel one man to profess the same or to observe 
even the least of the ordinances enjoined by that faith against 
his will. 

We need no compulsion upon these questions in the higher 
moral latitudes of the race. We depend simply upon the truth 
to secure a victory, if it be left free to strun-gle with error, which 
too often, unhappily, accompanies it in this world. 

Take this very question. Suppose a majority in one of the 
city districts, backed by a law justifying it such as this, should 
vote to prohibit the sale and use of tea and cofl'ee in the district. 
That is the will of the majority. Does it thus govern? Is that 
government? 

The advocates of this policy sometimes say it is home rule. 
Why, sir. home rule does not change the jurisdictional authority 
of government. It does not extend the power of government. 
It simply designates the persons who are to exercise it. 

With respeet to the lavif and local economy of a township, dis- 
trict, county, or State we have taken the jwsition often, and en- 
forced it. that the persons resident in such locality were best 
calculated to legislate upon any such subject. The subject, how- 
ever, must be a legitimate one of government; it must not ba 
such as attacks an inalienable right, such as fro-"dom of con- 
science; it must not be such as compels a man, whether ho will 
or not, to join a total abstinence society or to comply with its 
rules. This bill is as much a bill for that purpose as the other 
would be to compel a man to join the church. It forces men to 
adopt a rule of life by compulsion. 

Many have been the rules of life. There has been the rule of 
St. Benedict, the rule of St. Bernard, the rule of the Sons of the 
Rechabite, who drank no wine, neither they nor their fathers in 
all their generations. But, Mr. President, this was a voluntary 
act. it was a vow; it was no Hebrew statute; it will not be found 
in Exodus or Leviticus; it is outside of the Mosaic code. 

I return to one of these great natural rights, the right of life, 
liberty,and the pursuit of happiness. We have recited it over and 
over again in nearly all the constitutions of the States. You 
will Jind it in what is called the bill of rights — the right of life. 
What does it imply? The right to live. AVhat does it mean? 
It means the free choice of the means of subsistence and of the 
mode of acquiring a livelihood, as some men may bake and oth- 
ers brew, and others dig or delve or distill. The right of life 
implies the free choice by a citizen to determine in what man- 
ner within the pale of public order he shall earn the means of 
subsistence and in what manner he will partake of such subsist- 
ence. 

It is very true the will of the majority governs in all pu1)lic 
polity. If it be a question as to who shall be constable in a cer- 
tain county, let the will of the majority decide it; if it be a ques- 
tion as to who shall be sheriff, prothonotary, or clerk, let the 
will of the majority decide it; that is a question of government: 
but it it be a question what, when, or where a man shall cat or 
drink, or wherewithal he shall bo clothed, the man himself is 
the majority. He has a right to determine that question for 
himself. No minority and no majority may interfere with Ids 
sovereignty in that respect. I care not how humble a man may 
be, how obscure, how unknown, the humblest American citizen 
has thrown around him a cycle of franchises, inalienable fran- 
chises, which can not be invaded by the Government, by the 
law, by the will of the majority, and which leave him sovereign 
in respect to these rights, acknowledging no superior either in 
respect of these rights or their exercise. 

It is true, Mr. President, that the right of partaking of sub- 
sistence, the right to supply one's self of his own choice and will 
with food, with beverages, with raiment, and all other rights 
which I have mentioned as inalienable, are subject to abuses, 
very gross abuses. Take, for example, the right of free speech. 
Government can regulate the use of these rights: government 
can punish the abuse of these rights. There the province of 
government ceases. It can not extinguish or destroy the right; 
it can not prohibit its exercise, as is proposed here. The will 
of the majority is the government: but the will of the majority 
can not prohibit a sale and use of such commodities, because 
that would be to destroy the rights, natural and inalienable, of 
the purchaser or of the user thereof. 

There is a right of free speech, very often abused. It leads, I 
am sorry to say, to obscenity, to blasphemy, to slander. Per- 
haps the very greatest abuse of free speech is slander; the great- 
est abuse of any natural right is that of free speech by slander. 

The Senator from Newllampshire indulged in some attack 
upon persons who are expected to take out license under this 
proposed law. and he applied to them a number of epithets, which 
I shall not repeat. There is no person applying for a licen.so 
imder this proposed law, though he may follow such business for 
years, who can be compared in infamy to the slanderer. Gen. 
Jackson said that over both Houses of Congress ought to be writ- 
tea in letters of gold: "The slanderer is worse than the murderer." 



■1> 
■o 
a 

•I tho 
of it 



How often have we seen women, the r>h>>cts of slander, pi^rish 
and fade away under the deadly ' ..y 

How often have wo seen mortal ■ 

from this cause? Almost every ..... fi 

the public press. If the abu.*; of tlic \i 

to use into.xicants is an argument foi- ...^ 

of the right of free speech is a much stronger argument ror tho 
prohibition of that right. 

How shall we go to work, then, to prohi* \-j 

What legislation will b,- subinitt<.'d? It in .ii 

we shall not talk about i)orsonfi ;i' . '■ ■ ,^ 

wo shall never converse upmi 
which is said to attt-nd tlio t" i j 
made a felony without benetit of ci. 
the legislative provisions might beon 
to which this bill is related, any proUii.itio.i uV 
right would load to inlinitely greater evils tha- 
now prevalent. 

Take, for example, another of those right«, tho rli;htof the 

free press, oft:;n abused by dofaniution and I'l-' '"i ; .1 . j, 

of such imjiortKnce that there i.s only one » 

its government, and that reguUiiioa i< uiH' ■". 

stitutional ordinance in most of the Statcsol Tho 

provision is that the truth may bj pivnn In j of an 

article, no matter how dofuiiiaury. '"' '..5 

Union, most honoriib'y and ably roi s 

not supi'ort that principle. Therein .. .. ,...,. ..,.., „.- i., ,,. min- 
atory writings respecting tho dead, iho truth thereof aha' I iio 
no justification. 

Take another of these natural, inalienable ri;fht«— the rl;jht 
of the people to keep and Ih'ar arms. What abuse ia made of 
that right: what outrages have taken place by n-ason of the oi>- 
portimity and the ability which it gives for pVivato and iiubllo 
injuries! What vendettas have occurred in f ■ of 

Kentucky and elsewhere, equal in their extra. .r 

bitterness and bloodiness, to any such even in < ,-, 

or in Sicilyl Yet what Kentucky Senator, or « u 

any State repre.s.Mit-'d here, would rise in his 1 
count of tho abu.-^e of this right of the ])eoi>lo to k. . p au.i ix or 
arms, would move to prohibit itn exu:ci»', and ihks n li»»- .utin- 
guishing the right; pass a law authorizii:. ' ".•, 

there, or elsewhere, to destroy the right • r- 

cise? I do not believe that thero is a fi. , . .1 

States but who would say in a moment, '• \Vc will n. . r 

this right, no matter what the ubiisos thereof may ill 

keep and bear arms, and th ,• man will bo b.;tter armed Ihuu wo 
who ventures to violate this franchise." 

There is an old argument, very often used by Ih. -ta 

in regard to this question, in which it is said, "a' .in 

position with reference to natural rights '■ •■ ■ I, 

although we concede tho oxisience of th> n- 

destructible nature and sovereignty, yet r .it 

is in our duty, to surrender thiso rights and lu uiHliciile tnem 
for the sake of the good of others." Self-denial for the ^nke of 
the good of others, 1 acknowledge to ba, sir, astronff appeal. It 
is a principle of binding obligation 

It is founded upon the best instincts arl •' ' • -' • na- 

tions of our nature: but I do not s 'c the .i 

trine to measures of the charai'ter here 11 ,. , ' . of 

the greatest champions and exemplars of the duty of self-<ienial 
for the sake of others was undoubtedly the Apn^tlo nf -h.- C.-n- 
tiles, who was born in no mean city, who died ' is 

of the Roman world, a martyr to the cause of 1 1 ■ 'i, 

and. what is almostas precious, to th • causeo' 
He had investigated this i)rincipl.' cf self-r.M lO 

good of others, of a surrender of ri"' '- ■ ■ 11- 

chises, havmles.^ in their exorcise t.. ]t 

he causes of offense or stunib:ing bio. 

Sir, his declaration in the well-knonu lO 

eating of meat offended his brother he w.. e 

the world might stand. But neither hi..- 
cepts lend any support to the theory of l> 

•Sometimes,' Mr. President, it is as i n 

a very high authority is quoted, Hh:r c 

said. " The great Apostle of the ficnt g 

of meat olTend my brother, we shall have .. >- 

lished closing the shambles and abolishii. 'jr 

of sheep and cattle." 

The great Apostle of the Gentiles did not say " \\ o Bliall have 

an edict of the ]^)man senate and ])eople. ■ ■ ■ -' • • ""''t, 

prohibiting the eating of llesh in all cli: i» 

have carried our victorious eagles." He ;•> 

did not even ask. in the language of this "f 

the owners of real estate or a majority ot » 

city district should prohibit the sale and ■ e 

in Cilicia, in Cappadocia, in Ponlus, not ■• 



a- 



221S 



CONGRESSIONAL RECORD— SENATE. 



Februaey 28, 



visionof the then Christian chtirch. He said none of these things. 
What he said was this: "Wherefore, if meat malce my brother 
to oft'ond. I will eat no flesh while the world standeth, lest I malje 
my In-otlicr to offend." 

Tliere i.s a sublime word and act of self-renunciation, a vol- 
untary pledge, a promise having no taint of human statutes en- 
graved on the fleshy tablets of the heart. That was an act of 
sreat self-roiiunciation for a Roman citizen to make, one who 
would otherwise have broken no restriction upon his liberties or 
oven upon his personal rights. 

We have no quarrel with that groat work of voluntary as- 
sociation which has within the last fifty years assumed gigantic 
proportions in all parts of the world, inclosing within its limits 
men, women, and children engaged in the good task of a willing 
self-renunciation, of building up the weak, of massing the moral 
forces of mankind, as the steam engine and the electric light and 
lines have massed the physical forces of nature upon a single 
point and purpose— doing the work of truth, of peace, of that per- 
fect law of liberty, the highest type of legislation. We have no 
quarrel with the Sons of Temperance, with the Daughters of 
Temperance, with the Order of the White, or the Order of the 
Blue Ribbon, with any of these voluntary societies which have 
undertaken, and will yet accomplish, this labor of moral reforma- 
tion in the world. Wo believe in that mode, in thatmethod. and 
especiallv we do not believe in the method of this bill. 

The dogma of legislative prohibition is in direct conflict with 
the best principles of morality and religion as revealed. It 
proceeds to destroy the free, moral agency of men, and to shift 
the responsibility of wrong from the doer thereof to the accu- 
mulated and uudefinable mass which makes a majority. There 
is no attribute of civil liberty which can take sides with this 
dogma. It denies the capacity of the race and of mankind for 
self-government, as it destroys the ability, the opportunity, the 
capacity of tlxe man for self-control. 

I trust that the time may be near — there are manifest signs of 
its advent— when the councils and deliberations of our people 
and their representatives, both in the State and nation, shall 
return to the plain ground of reason upon this subject-matter, 
shall return to the domain of common sense — common sense, that 
home of the mind, its domicile, its abiding place, whither after 
many wanderings it will return at last. 

Mr. GALLINGBR. Mr. President, when at the opening of 
the debate on this great question, I took occasion to address my- 
self very briefly to the Senate in opposition to this bUl, I had not 
the least idea that it would evoke such an outburst of fervid elo- 
quence from the Senator from Indiana [Mr. Turpie] as he has di- 
rected against me during the last half liour. I have listened with 
ver-y great interest to the argument of the distinguished Sena- 
tor, for, notwithstanding his fallacious theories, which can easily 
be disproved, I have a very great personal fondness for the Sen- 
ator, and am always glad to listen to him. 

Among other things, the Senator from Indiana has charged 
upon me blasphemy, because I advocated the prohibition of the 
liquor traffic. Mr. President, I am quite willing to rest under 
that imputation under the circumstances. I will call the atten- 
tion of the distinguished Senator from Indiana to the fact that 
if it bo blasphemy for a Senator of the United States to advo- 
cate prohibition against what he conceived to be an acknowl- 
edged evil, before the Senat-or is able to persuade reasonable 
men to believe that that accusation is justified, it may be well 
for him to turn his attention to the great prohibitory law which 
was given to the world ages ago amid the thunders and the 
lightnings of Mount Sinai, and when he has extracted from that 
law the '■ shalt nots " that it contains, then it strikes me ho may 
with greater justification say to me and to the Senate of the 
United States that we have not the right by legislation to pro- 
hil)it an evil which is upon the world. 

Mr. President, the Senator from Indiana has announced him- 
self as diametrically opposed to my views on this question, and 
yet he proposes to vote as I shall vote against the measure which 
is Ijefore the Senate. I t)ppose the bill because I would prohiliit 
this evil. Ho opposes the bill l:>ecause he is in favor of free 
tratHc in this element, which brings disaster and sorrow to the 
people of this country. It is not the first time that extremes 
have met in this world, and I welcome the Senator from Indiana 
to the little group which will vote against this bill, of which I 
shall be one. 

I shall close by expressing the hope that his argument has had 
such a profound influence upon the members of his own party, 
who have been so warmly congratulating him upon his effort, 
that they may join with us in defeating this measure when the 
final vote is taken. 

Mr. HANSBROUGH. Mr. President, I desire to say briefly, 
that I am very glad we have had the opportunity of listening to 
lx)th extremes on this question, the Senator from New Hamp- 
shire [INIr. Gallinger] representing the prohibition sentiment 



and the Senator from Indiana [Mr. TuEPIE] representing what 
may be termed the free-whisky element. This bill occupies a 
middle ground. It is i^ractical and is drawn to meet the existing 
condition of things. I trust the Senate will lose no time in 
adoDting it. 
That is all I have to say. 

The PRESIDING OFFICER (Mr. Chandler in the chair). 
Tlw question is on the amendment proposed by the Senator from 
Indiana [Mr. Turpie], which will be reported. 

The Secretary. On page 4, line 4, it is proposed to strike 
out after the words "permission of" the words "a majority" 
and insert ''twenty;" in line 5, after the word "and," to strike 
out "a majority," and insert " thirty," and in lino 13, after the 
word "fi'om," to strike out "a majority " and insert "fifty ;" so 
as to read : 

That in the cities of Washington and Georgetown it shall be the duty of 
every applic.^nt for a barroom license to present to the excise board -n-ith his 
application the written permission ol twenty of the persons owning real 
estate, and Ihli'ty ol the residents keeping house on the side of the square 
where it is desired to locate such business and on the confronting side of the 
square frontins opposite the same: and if the location of such barroom is on 
a comer and has an entrance thereon, such cou.sent will be I'equired from 
such owners and residents on both stre-ts, and in that portion of the District 
of Columbia lying outside of the said cities of Washington and Georgetown, 
such applicant shall present such per:uission from fifty of the persons own- 
ing real estate and of residents keeping house within the sjiace of 250 feet ot 
the street or road on each side of the place where 11 is desired to locate such 
business, and within a similar space on the side of the street or road front- 
ing opposite stich place. 

The PRESIDING OFFICER. The question is on the amend- 
ment proposed by the Simator from Indiana [Mr. Turpie]. 

Mr. PEFPER. I wish to ask the Senator from Indiana, be- 
fore the vote is taken, what improvement, in his ojjinion, will 
be effected by the adoption of his amendment, substituting a 
smaller number than a majority for a majority? 

Mr. TURPIE. l spoke of that question very fully in my argu- 
ment, if I may call it so, but the Senator from Kansas would 
have me repeat it. 

I do not think that such a question ought to be submitted to a 
majority or that it is within the jurisdiction of a majority or 
within the jurisdiction of any law or of any power of the Govern- 
ment. There is no legitimate authority in the majority to do 
this, but I have no objection, because such has been for centuries 
the practice, thatsuchapetitionshouldbe signed byafewhouse- 
holders or freeholders in tho neighborhood for thepurpose of 
localizing the person who makes the application and identifying 
the person who engages in the traffic. That is the only legiti- 
mate use there is for any petition. The use made of a petition 
here is to insert in this pretended bill for license and revenue 
this dogma of legislative prohibition. 

Mr. PEFPER. Then, I desire to ask the Senator further for 
information, whether he believes in regulating the retail sale of 
intoxicating liquors in any way by lawV 

Mr. TURPIE. That question I answered very fully. I say 
the only province of government with respect to any of these 
natural rights is to regulate tlieir use and punish their abuse. 
But there is no government, and no law, and no will of a major- 
ity which can extinguish natural rights. 

Mr. PEFFER. I desire to ask still another question. Does 
the Senator believe that the sale of intoxicants by retail ought 
to be as free as the sale of sugar, of coffee, of shoes, and of cloth- 
ing'? 

Mr. TURPIE. It ought to be just as free as the sale of any 
other commodities as far as the same may be affected by the will 
of the majority, which is a mere usurpation. 

Mr. PEFFER. Then why is the Senator not willing to leave 
the provision as to the majority in this bill? 

The PRESIDING OFFICER. The question is on the amend- 
ment. 
The amendment was rejected. 
The bill was reported to the Senate as amended. 
Mr. GALLINGER. There is one amendment relating to the 
sale of liquor in clubs, upon which I should like to have a sep- 
arate vote. I desire also to offer an amendment to that amend- 
ment. 

The PRESIDING OFFICER. The Secretary will state the 
reserved amendment. 

Mr. GALLINGER. It wa?. I think, the first amendment 
adopted, the Senator from North Dakota [Mr. Hansbrough] 
having offered it as a substitute for the provision in the bill 
concerning the selling of liquor in clubs. 

Mr. HANSBROUGH. It will be found on page 6. 
The PRESIDING OFFICER. The amendment will be stated. 
The Secretary. The reserved amendment is in section 0, 
line 15, after the word "further," to strike out — 

That any dulv incorporated club having a license under this act may sell 
Intoxicating liquors to its members at any time till the hour ot 1 o'clock 
a. m. 
And insert — 
That the said excise board, may, In lis discretion, Issue a license to any duly 



1893. 



CONGRESSIONAL EECORD-SEXATE. 



2-219 



The PRESIDING OFFICER. The vote vrill be reserved on 
the amendment which has been read. The question is on con- 
curi-ing- in the other amendments made as in Committee of the 

Mr. PRYE. I desire to reserve for a sepai-ate vote the amend- 
ment cutting down the limit from within 1 mile of the eroimds 
of the Soldiers' Home to one-half mile, and I am impelled in that 
direction very largely by a memorial, which I hold in my hand, 
from the Gurley Memorial Presbyterian Church, which is amis- 
sion established within the 1-mile limit of the Soldiers' Home. 
The memoi-ial is a very earnest protest ag-ainst the chann-o. I 
will take the liberty, notwithstanding- the hoaris late, to read it: 
Gurley memorial Puesuytf.uian Chuuch. 

nashinrjton, V. C, Februanj2(!,lSSS. 
To the honorable Senate and HouM of Representatives of tite United States: 

Your memorialilits woiil.l respectfully present their earnest petition ana 
remonstrance against the repoul of the bill wnloli prohll,its lUo V'ranilnL' of 
licenses lorthesaleoflutoxicatmgliiiuoi.s within I mile of the SokUers- Home 
property, our church is within the above-mentioned limits, and before Its 
enactment we saw with .shame, indignation, and alarm the evils which the 
Ml was mtended to remedy. We believe so Icn;; and so lar as it wa,s en 
lorcea It met every reasonable exiiectation of its advoi-aies, Pronertv was 
rapmly aclv.ancmg lu value, our ueitrhborhood wa.s greatly Improved and 
there was every prospect lor a biisht future tor our .section of the city when 
whole'^'™ 1 '^''"^*' '^'^^ ™^<^^ '■hat no penalty exists tor the vlolaUon of this 
Since then a considerable number of dealers have publicly opened their 
establishments mdeBanc" of the siatute, and they .are trylos to represent 
to your honorable bodies that the bill should be repealed on account of the 
e\ils resultmg from iheir violations of the law. 

For the salce of sever.al hundred .students of Howard University for the 
sake of the employes of the Government, and of the veterans of our Amiv 
for the sake of our children and neighbors, and for the protection of our In- 
terests as property holder.s, we ask that your honorable bodies wUl retain 
the statute, and will provide .appropriate penalties for Its entoiceinent 

The foregoing memorial was unanimously adopted at a largely attended 
meeting of the church and congregation, held this evening, February 26, 

WILLIAM S. MILLEK. 

r. Ti ■^fr^„„,„. Pastor of l/ie Church. 

C, H. Merwin. V 

C^rk of the Session. 

Mr. President, I hope that the remonstrance of this church, 
which has teen established there, and which is doin>>- all in its 
povi-er to save the children of that neighborhood from the ter- 
rible evils of the sale of liquor there will bo regarded by the 
Senate, that the 1-mile limit will ha restored, and that the 
amendment fixing the limit at one-half mile will be voted down 

The PRESIDING OFFICER. The question is: Will the Sen- 
ate concur in the amendments made as in Committee of the 
Whole with the two exceptions which have been reserved? 

The amendments not reserved were concurred in. 

The PRESIDING OFFICER. The question now is on concur- 
ring in the first reserved amendment. 

Mr. GALLINGER, I ask that the amendment bo again re- 
liorted. 

The PRESIDING OFFICER. The amendment will be re- 
ported. 

The Secret.\ry. In section G, line 1.5, after the words " and 
provided further," it is proposed to strike out: 

That any duly incorporated cltib having a license under this act mav sell 
intoxicating liquors toits members at any time till the hour of 1 o'clock ante- 
meridian. 

And insert: 

That the said excise board may, in its disci-etlon, issue allcen.se to any duly 
ihcorporated club on the petition of the offleers of the chib, and that the 
said excise board may, in its discretion, grant a permit to such club to sell 
intoxicating liquors to members and guests between such hours as the board 
aforesaid may designate in said ix;rmit. 

Mv. GALLINGER. Mr. President, just a word in reference 
to the amendment. It probably has suggested itself to Senators 
that when we commence licensing clubs there v.-ill be a gi-eat in- 
crease of the number of clubs in the city of Washington. They 
will be on every street corner beyond a doubt, and they will be 
licensed to sell intoxicating liquors. But that is not the worst 
part of the amendment adopted by the Senate. It is an amend- 
ment not only licensing clubs, but pei-mitting them to sell every 
day in the week, including Sunday. There is noqucstion about 
that. The Senator in charge of the bill admits that such is the 
fact. I simply propose to oJfer on amendment adding the words 
"except on Sunday," so that if you are going to make clubs 
places where intoxicating liquors are to bo sold they shall not 
Iiave a monopoly of the business on the Sabbatli day. 

Mr. HANSBROUGH. The amendment which was adopted 
yesterday refers to incorporated clubs. 

Mr. GALLINGER. Yes, Mr. President, and I take it clubs 
can ba incorporated under the general law of the District of Co- 
lumbia. 

Mr. HANSBROUGH. The Senator does not think they will 
be incorporated for the purpose of selling liquor, does he? 



I have not any doubt «t al! of t!>s« but 



Afr. GALLINGER. 
whether that is so or nr 
States can not afl'ord 
other organization of i 

The PRESIDING OFr It 
menl of the Senator from :. 
the amendment made a- in ■ 

Mr. GALLINGER. ] a- 
ment to "■•• 'dment. 

The \ lys wore ordorod. 

™,''' '.' ' ''• L«t "lo amendment bo roDort<Ml 

poTted "^^^^'^ OFFICER. The amen.ZTlriU bt< 

The Secrictarv. It 
ment adopted as in Co 
on .Suiul ■'• ' ■ 

Than!. 

liicorprir 



Mr. FAULKNER. |. 
Senate, I desire to saj ■ 
clubs just as 1 do a niaiiB (,i 
club has as much right to pi 
as on any other day, and 1 d- 
wliich is ju-oposid to be gi 
therefore vole against the u...- n,i,n- -.,,. 

Mr. FELTON. Mr. President, I desire to sav a woi-U. and but 
a word. 

The character of clubs at which thi^ am. 
no sense whatovei- comiuei-cial. Tlicv arc - 
wise contaminating. No one is permit • 
bors. Such a club is practiouUv a lio 
sense that the word '• sale " i 
liquor in clubs. It is sinijil 
amongst its memb?rs that V 
which is used for the conv. 
well invade u man's private 
IX)ses that is what a club of thib kiua ii-.u ciiuruuior i.« 

The Seerelaiy I'roceeded to call the roll. 

Mr. COCKliELL (when his name v.: ' 

with the .Sonat;)r from Iowa [Mr, Ai. 
committee. 

Mr. CULLOM (when bis nauio was called). 1 am iialrod with 
the Senator from D.'laware [.Mr. Okay]. 

Mr. DAVIS (when his name was i-alled). lam ]taircd wllU 
the Senator from Indiana |Mr. TlMiPil'j. 

Mr. HUNTON (when his name 1 
the Senator from Georgia [Mr, ( ' 

i^Ir. QUAY (when his name wn.-' . imeu , i aui iia !•■ o » : 
Senator from -Vlabaraa J.Mr. MoKGA.vJ. 

Thi> roll call was concluded. 

Mr. DIXON. I am paired with the Senator from MiMiMtpnf 
[Mr. Walthall]. ' ' 

Mr. PASCO. I am paii'cd witli ~ Da- 

kota [Mr. Casey]. If be were i)r 

The result was announced— you.-^ _■■, nays .i.,, ;ls i.hi..... 



Bate. 
Berry, 
Carey. 

Chandler, X 
Dawes, 03 



Bl.ackburUT— 
Blodgctt, rtj 
CtiiTery, aj 
Call. </) 

Coke, 

Daniel, -»- 
Duliols, y 
Faulkner, QJ 
Fellon, .Q* 



Frye, 

Galllngor, 

Hawlev. 

Irby. 

Kyle, 



YEAS-20, 

LI: ■ 
M 

y.. 

M"rr]ii. 
IVffer, 



NAYS-3a 

Gibson, McMillan, 

Gordon, MiPlieraon, 

Gorman, M.inderson, 

Hansbrou^h, Piw-t. 

Harris. if ni-.inn, 

Illpglns, Si- 

Hiil, SI. 

Hlscock, Si, 

Jones, Ark- S*e"" 



AUliich, , 
Allen, X 

.■iUison, , O 
Hrice, l-l- 
Huller, 
Cnudou, 
Cameron. 
Ca,sey, 



NOTVOTIXG-,:: 

Cockrell, Hale. j-.i. !,.,-.„. 

Colquitt, Hoar. 1' 

Cullom, HiuKon, c,' 

D.avl^, J.ei. V. V s 

Dtxon, M i. 

Dolph, P. 

George. P.ii; , ;. 

Gray, Pa-,^,., Wu*liiiam. 

So the amendment to the amendmont wa=; r.'e.^*. '^. 
The PRESIDING OFFIfKi;, Uio 

reserved amendment adopt "] »s j. 

Mr. FRYE, Is that t' t uchiii- the o:.e-mllo 

limit in reference to th- ? 

The PRESIDING Ol 1 ,^ .... ,. .^ not. It Is tho amoad- 
ment relative to tho aftio of liquor in inoor|>oratod clubs. 



22m 



CONGRESSIONAL RECORD— SENATE. 



Februaey 28, 



The amendment was concurred in. 

The PRESIDING OFFICER. The question is now upon the 
second reserved amendment, which will be rojjorted. 

Tlie Secretary. In section 21, line 6, after the words 
"Soldiers' Homo," the Senate, as in Committee of the Whole, 
inserted: 

Which law is hereby declared to be amended by reducing tho limit pre- 
scribed in said act to one-half of a mile from the Soldiers' Home property. 

Mr. FRYE. Mr. President, the rumsellers of this District 
are exceedingly anxious that Senators shall vote on this amend- 
ment "yea," and the people who are desirous of saving their 
children from the evil e fleets incident to the business of rum- 
ssUing are equally desirous that Senators shall vote " nay " and 
retain the one-mile limit, instead of taking the one-half-mile 
limit. 

The PRESIDING OFFICER. The question is on concurringr 
in the amendment. 

Mr. FAULKNER. I ask for the yeas and nays on the adop- 
tion of the amendm nt made as in Committee of the Whol3. 

The yeas and nays were ordered. 

Mr. .lONES of Arkansas. Let the amendment be again re- 
ported. 

Mr. FAULKNER. I understand thata vote against the adop- 
tion of this amendment will leave in the bill the one-mile limit, 
and a vote to concur in the amendment adopted as in Commit- 
tee of the Whole would reduce th3 limit to one-half mile. 

The PRESIDING OFFICER. The amendment will bs stated. 

Tho Chief Clerk read the amendment. 

The Secretary proceeded to call the roll. 

Mr. CALL (when his name was called). I am paired with the 
Senator from Vermont [Mr. PROCTOR]. I do not know how he 
would vote on this question it present, and therefore I withhold 
my vote. 

Mr. CULLOM (when his name was called). I am paired with 
tho Senator from Delaware [Mr. Gray]. 

Mr. DAVIS (when his name was called). I am paired witli the 
Senator from Indiana [Mr. Turpie]. 

Mr. DIXON (when his name was called). I am paired with 
tho Senator from Mississippi [Mr. WALTHALL]. If he were 
presjnt I should vote " nay." 

Mr. HUNTON (when his name was called). I am paired with 
the Senator from Georgia [Mv. Colquitt]. If he were present I 
should vote " yea" on this amendment. 

Mr. QUAY {when his name was called). I am paired with the 
Senator from Alabama [Mr. Morgan]. If he were present I 
should vote " nay." 

Mr. RANSOM (when his name was called]. I am paired with 
the Senator from Maine [Mr. Hale]. If he were here I should 
vote '' yea,"' 

Mr. WARREN (when his name was called). I ask if tho Sen- 
ator from Georgia [I\Ir. Gordon] has vot4.Hl? 

The PRESIDING OFFICER. He has not voted. 

Mr. WARREN. Then I withhold my vote. I am paired with 
tliat Senator. 

The roll call having been concluded, the result was an- 
nounced—yeas 24, nays 32; as follows: 







YEAS-21. 




Bate, 


Gibson. 


McMillan, 


Stewart, 


Blackburn, 


Gorman. 


Man lerson, 


Vau^c, 


Ctickrell, 


Hausbrough, 


Mills. 


Ve.n,, 


Coke, 


Harris, 


Morrill, 


Vilas. 


Daniel, x 
Faulkner, aj 


Hill, 


Pugh, 


Voorhees, 


Lindsay, 


Sawyer, 


White. 


-a 

Allison, — 




NAYS-3i. 




Dub >is, 


Irby, 


Perkins, 


Berry, „ 
Blodgett, S< 
Callery, ^ 
Carey, 


Fell on. 


Jones, .\rk. 


Piatt. 


Frye, 


Kyle. 


Po\v.-r. 


GalUnger, 


McPherson, 


Sh.n-man, 


Hawley, 


Mitchell, 


Squire. 


Casey, ,4-1 


HiKciins, 


Palmer, 


Stockliridge 


Chandler, 


Hlscock, 


Pasco, 


Teller, 


Dawes, 03 


Hoar, 


PefTer, 


Wilson. 


"q" 


NOT VOTING-32. 




Aldrich, ^ 
Allen, "^ 


CuUom, 


Hunton. 


Sanders, 


Davis, 


Jones. Nev. 


Shi>up. 


Brice, «- 


Dixon, 


Morstiu. 


Stanford, 


Butler, . 


Dolph, 


Paddock, 


Turpie. 


Call, U_ 


George, 


Pettisrew, 


Walthall, 


Camden, 


Gordon, 


Proctor, 


Warren. 


Cameron, 


Gr.iy, 


Quay. 


Washburn, 


Colquitt, 


Hale, 


Ransom, 


Wolcott. 



So the amendment waj nonconcurred in. 

The bill was ordered to be engrossed for a third reading, and 
read the third time. 

Mr. MILLS. Let us have the yeas and nays on the passage of 
the bill. 

The yeas and nays woi-e ordered. 

Mr. GALLIXGER. Yesterday I intended to ask to have in- 
corporated in my remarks an article from the Philadelphia Press, 



of April 9, 1892, quoted in the report of the Committee on tho 
District of Columbia on the bill which was reported to the Sen- 
ate on the Kith day of June last. I now ask, without leading, 
that the article, which is brief, may be incorporated in the Rec- 
ord as part of my remarks. 

The PRESIDING OFFICER. The Senate hears the request 
of the Senator from Now Hampshire. Is there objectiony The 
Chair hears none; and it will be so ordered. 

Tho article referred to is as follows; 

Never was money more gladly paid than was that which canio to City 
Treasurer McCreary's office yesterdayin the shapeof Imnpsunisof Sl.oOOfor 
saloon licenses. A liquor-dealer by the name of Jerry Donahue w.-sthe lirst 
to put in an appearance. Mr. Donahue had evidt-niiy been layinic for the 
liouor of being the tlrst man to step up tothecaptainsofHceto settle, for the 
watchman declares that Donahue came at G o'clock and never left the vicin- 
ity imtil the biq; iron door opened at 9 o'clock. At4 i>'clock. when the recreiv- 
inf^ teller's office closed, eighty of the elat«d individuals had paid inSl.OX) 
each. 

This anxiety aad elation on the part of the successful applicants naturally 
brin;j:s up the query, what .are the profits derived from a saloon? The ques- 
tion might well be asked, for it brings out astonishing results. A policeman 
who has a beat on Chestnut street sized up the situation remarkably well 
when he replied to a saloon-keeper who asked him to join him In a bottle of 
wine: "Oh. you've found a gold mine. I see." 

The policeman was practically righlfromafinancial point of view, forthe 
proHts of an ordinary bar since the reign of high license are enormous. 
This is illustrated in the case of an old man who died last year while keeping 
a modest little saloon near Twentieth and CallowhlU streets. His books 
were goue over by the executors, and to the astonishTueut of all concerned 
it was found that the old fellow had made a little over S20.000 clear money 
every year. His trade was composed largely of mill men who worii in that 
vicinity. 

A leading hotel was recently leased to a syndicate forSlOO.OOOa year for U'.d 
years. The prollts on the bar in this place are estimated at $50,000 a year, 
e.^olusive of the restaur.mt. 

Next to this ranks a place near Eighth and Vine, where the proprietor adds 
about $;^(1.0;KJto his bank account every year from his bar proats alone. The 
leading hotels of tho city, about half a dozen iu number, make an average 
proiit of $1.^,000 a year apiece from the bars alone. 

.\ccorJing to an exjicrt there ai-e about seventy saloons in the city that 
average all the way trim tan to twelve thousand a yi-ar apiece. A l)arroom 
on Broad street, which cost a fortune to lit it up, makes about $1.5,000 a year 
and furnishes a queer comijarison with olher mon; modest pla.es which 
m lUe much lar,:er sums of money. The elegant saloon caters to a hi ;h-tonea 
patronage, while the mod-st ones are content with hard-working men or men 
who don'fworit and never did. 

i)f this class isouo near Fifth .and South streets, where the profits are fully 
$•20,001) a ye.tr. Just a block .awav is another jilace that .annually m ikes a 
proiit of *15.WX). On Sotuh Front'str-eei is another which caters to the hands 
that work in the neighboring mills and the salt works. This saloon makes 
an annuul [»rolit amounting to nearly tflS.OOO. 

In the mid lie north-rn section of the city a .saloon license is considered to 
be worth at least fo.OM a year on an aver.ige. In the extreme west end a 
license Is worth more because there are not so many licensed plac.-s. Tak- 
in:t it all in all a saloon license is worth scrambling for from a liuancial 
point of view. 

Mr. GALLING ER. I desire simply to add that I have offered 
amendments to improve this bill — no huinnn instrumentality 
coidd perfect it — and I shall deem it my duty and pleasure to vote 
against it. 

The PRKSIDlN(i OFFICER. The question is. Shall the bill 
pass':' on which the yeas and nays have been ordered 

The Secretary proce.'ded to ca'l the roll. 

Mr. CULLOM i,when his name was called! 
the Senator from Delaware [Mr. Guay]. If 
should vote "yea." 

Mr. DAVIS (wh 'u his name was called^ 
the Sen.ator from Indiana [.Mr. TCRPlEj. 

Mr. DIXON (when his name was called), 
the Senator from .Mississippi [Mr. WaLTHALL]. 

The i-oU call was concluded. 

.Mr. C.\LL(afterhaving voted in the affirmative). I am paired 
with the Senator from Vermont [.Mr. Proctor]. I do not know 
how 'he would vote if present, and therefore I withdraw my vote. 

Mr. HUNTON. I am paired with tho Senator from Georgia 
[Mr. Cl)H,!U1TT]. As I do not know how he would vote if pres- 
ent, I withhold my vote. 

Mr. DANIEL. I am paired with the Senator from Washing- 
ton [Mr. Squire]. 

Mr. COCKRELL (after having voted in the affirmative). I 
am paired with the senior Senator from Iowa [Mr. Allison]. 
I do not know how he would vote if present, though it is thought 
by his colleague that he might possible vot?. "nay." .-Vs I have 
voted "yea,'' and should adhere to that if I were not paired, I 
shall withdraw my vote. 

The result wa^ announced — veas 41. navs 15; as follows: 



Berry. 

UlacKburn, 

Caffery, 

Carey, 

Casey, 

Coke, 

Dawes, 

Dubois, 

Faulkner, 

Felton, 

Gibson, 



I am paired with 
he were ir.e ent I 

I am paired with 

I am iiaired with 





YEAS— 11. 




Gorman, 




McMillan. 


Shoup. 


Hausbrough, 


McPnerson, 


Stew.art, 


Harris, 




Manderson, 


Stockbridge 


Hawley, 




Mitchell, 


Teller, 


Higgins, 




Morrill, 


Vance, 


Hill, 




Palmer, 


Vilas, 


Hiscoek. 




Pasco, 


Warren, 


Irby, 




Perkins, 


White 


Jones. Ark. 




Power, 




Kyle. 




Sawyer, 




bnmk 


iCt 


Sheiinan, . 

see mdex. 





1893. 



CONGRESSIONAL RECORD— SENATE. 



2i81 



Date, 
Bloilgett, 
Chandler, 
Frye, 



AUlrioli, 

Allen, 

Allison, 

Brice, 

Butler, 

Call, 

Camden, 

Cameron, 





NAYS-15. 


GalUuger, Pefler. 


Gordon, 


Piatt, 


Hoar, 


Pugh, 


Mills, 


Turpio, 




NOT VOTING-32. 


Cockrell, 


Gray, 


Colquitt, 


Hale, 


Cullom, 


Hunton. 


Daniel, 


Joney. Nev. 


D.ivls, 


Morgan, 


Dixon, 


Padd()(-lf, 


Dolpb, 


Pettigrew, 


George, 


Proctor, 



Vest, 

Voorhees, 

Wilson. 



Quay. 

Rausom, 

Sanders, 

St|uire, 

Stanford, 

Walihall, 

Wa.sUDurn, 

Wolcott. 



So the bill was passed. 

Mr. HANSBROUGH. I move that the Senate request a con- 
fei-euce with the House of Representatives on the bill and amend- 
ments. 

The motion was ag-reed to. 

By unanimous consent the Presiding Officer was authorized 
to appoint the conferees on the part of the Senate, and Mr 
Faulkner, Mr. McMillan, and Mr. Hansbrough wt.ro ai> 
pointed. 

ORDER OF BUSINESS. 

Mr. HILL. I move to take up for consideration the bill 
known as the N(jw York and New .Jersey brid"-e bill 

The PRESIDING OFFICER. It is moved by tho Senator 
from New \ ork that the Senate proceed to the consideration of 
a bill, the title of which will be read at the desk. 

Mr. DAWES. I hops the Senator from New York will allow 
me to call up tho agricultural appropriation bill. 

Mr. HILL. I desire to occupy a moment and to say one word. 
I have tried repeatedly to get the bill before the Senate. I may 
be called away to-morrow, and it is irajjortant that the bill, ah 
important one to my constituents, should at least have con- 
sideration. If the bill is not a proijer one I do not want it passed, 
but if it is a proper one it seems to me that the Senate ought to 
consider it. I therefore trust the. Senator from Massachusetts 
will not press anything- now in its wav. 

The PRESIDING OFFICER. The title of tho bill moved by 
the Senator from New York will be stated. 

The Chief Clerk. A bill (S. 2t)2G) to authorize the New 
York and New Jersey Bridge Company to construct and main- 
tain a bridge across the Hudson River between New York City 
and the State of New .Tersev. 

Th 3 PRESIDING OFFICER. The question is, Will the Son- 
ate proceed to the consideration of the bill? 

:Mr. M ANDERSON. Pending the motion of tho Senator from 
New York, I move that tho Senate proceed to the consideration 
of executive business. 

Mr. HILL. I wish to make a suggestion. 

Mr. MANDERSON. I suggest that the motion is not debat- 
able. 

Mr. HiLL. I wish to make a suggestion to the Senator from 
Massachusetts [Mr. Dawes]. 

The PRESIDING OFFICER. The motion is not debatable 
except by unanimous consent. 

Mr. HILL. I ask unanimous consent to make a brief statc- 
m' nt. 

Tha PRESIDING OFFICER. Is there objection? TheChair 
hears none, and the Senator from New York will proceed. 

^Iv. HILL. If the Senate will take up the bridge bill, I have 
i;o objection to yielding to the Senator from Massachusetts to 
take up the appropriation bill he has in charge. I simply desire 
that the liill shall not be lost by delay. 

Mr DAW^EIS. If I may be allowed to say a word, I will state 
that I am acting for the chairman of the committee, who re- 
quested me to make this motion as soon as the District license 
bill was disposed of. 

Mr. MANDERSON. I fear the Senator from New York did 
no'j understand my motion. My motion is that the Senate pro- 
ceed to the c )nsideration of executive business. 

Mr. HILL, i thorou^^hly understood the motion. 

Mr. MANDERSON. I desire to say, if I may be permitted to 
do so by unanimous consent 

M •. HILL- My motion is already pending. 

Mr. MANDERSON. My motion takes precedence. 

The PRESIDING OFFICER. The motion to proceed to the 
consideration of executive business is not debatable. 

Mr. HILL. Then I hope the motion will be voted down. 

The PRESIDING OFFICER. The motion is a privileged 
one, and is not debatable. 

Mr. MANDERSON. By unanimous consent I simply desire 
to tay that I have no desire to antagonize the bill the Senator 
fio.n Nt'W York wishes to call up. He speaks of it as a bill that 
is it great local and perhaps national importance, but we all 
know that there are matters of very great moment needing the 



attention of the Senate in exocutivo session. Wo havo ivi«t 
Mr. HfLL. Will tho Senator from Nebraska allow me a mo- 



ment 

Mr. MANDERSON. C.-rtoinly. 

Mr. HILL. I havo simply this 1. 1 -iav Tfi>i,^^ ,■. 

to take up the bridge bill, tlion 
immediately afterwards. If ho 

tlult'fair""' ''""''^ ^'"'' ' '^'^"■'' ^" ^'^'■■^'^"i'^ l.i»iiiul, 

Mr. MANDERSON. Then tho Sc-nator simply doslr«« 

Mr. IHLL. To Uvko up tho bill. 

.K^^i'-n'^^^^'^R^?-'''- -^'"^ " "^-^ « •"^"- -'• '" veto to tako UD 
the bill ho would do,iro an exoculiv. ^ 

Mr. HILL. I will agroo that t!io i. 

purpose of making a motion to pr,)eeed to il,. 

executive business. Then we could go back tj : 

of t)ie l)ri(lgo bill. 



laid us!,].' 



■ —00 

'II 
is not 



I ho 
•II 



aI'- •\V\^P''''?^°^- ^ '^"''"-' "'^ ol^JU'-ti "1 to that oouPHj. 
Mr. 1' lv\ h. [ renew the motion t<> '■>•.. i , ,i... l.oqsI.I.' 



ra- 



tion of execiilivo business, and 1 will 

The PRESIDING OFFICER. Isi,. .ittoU by Iho 

Senator from Nebraska wilhd: awn? 

Mr. .MANDERSO.V. 1 subniil U) tho motion of (h« K nmor 
li'om Maine. I should l)o willing lo let the vot ... 

ceding to tho consideration ol iho bridge bill :. ,i, 

executive session. 

Mr. HILL. That is alll a-sk. 

Mr. FliYK. I renew tho motion for an oxecullvo b.ss;.,ii 

The PRESIDING OFFICER. Tho .Senator from \' h 

that the Senate proceed to the consideration of ox' ■ :- 

ness, whi<'h is a i)rivileged motion. 

Mr. HILL. On that I call for tho yeas and nays. 

The yeas and nays were ordered, and tho Secretary pr.^ . . .i.-.l 
U) call the roll. '' ' 

Mr. COCKRELL (when his name was calludl. I nn, ,.:,i-,..l 
with the Senator from Iowa (Mr. Al.MSO.v). We 
slant pair, as he is compollod very frequently to lie ■ . :i 

also compelled to be out in conference' committees. \Vi..;. llic 
vote was taken awhile ago on tie motion to proeoed to tho con- 
sideration of executive business, having ;•' ' ' ' • a 
short time before, I voted wiiliout over \ : 
The fact is, I believe, that this time and o:. : o 
are the only occasions in the last week or t.n o .i 
call att mtion to the fact of being paired. 1 ain ,e 
Senator from Iowa. I presume ho would vote "juu," I ol.uald 
vote ■' nay." 

Mr. DI.KON (when his nam.: was called). I am paired with 
the Senator from Mississippi (.Mr. Waltiiai.L]. 

Mr. FAULKNER (when his name was cull d). I am paired 
with the Senator from Rhode Island (Mr. Aldijich]. If he woro 
present I should vote " nay.'' 

Mr. Fh'.LTONfwhen his name was called). I am paired with 
the Senator from Ohio [.Mr. Hrice]. 

Mr. PETTIGREW (when his naraj was called). I am paired 
with the Senator from West Virginiu[.Mr. C.\.\ll»E.v]. If he wore 
present I should vote "3'ea." 

Mr. WILSON (when his name was called). On this que-llon 
1 am paired with the Senator from Georgia (Mr.(\)LgunT'. If 
he were present I should vote " yea." 

The roll call was concluded. 

Mr. C.VLL (after having voted in tho negative). I am oaired 
with the Senator from Vermont [.Mr. PWHTOUI. I withdraw 
my vote. 

Mr. BATE. I am paired conditionally with tho Sonotor from 
Washington [Mr. Allen'[. I am unable to leam^ \:i ■•"■. ' •■" hr> 
would vote on this question. Perhaps I would i 

vote, but it seems to b3 a party question, and I •■ 
pair, although I do not g.t exact information ui>uu the jiuint 
from his colleague. I withhold my vote. 

Mr. COCKRELL. The Senator'from Iowa [Mr. ALLl.sos] i» 
now present, and I vote ''nay." 

Mr. ALLISON. I yoto •• y.a." 

The result was announced— yeas 30, nays 32; as follows: 

YEAS 30. 

.M:iiiiler-en, ;■. 

.Mlt.-h.'ll, 

Morrill. ''■'•'• 

PaJdock, 

Pl.-m, 

Pitwer. »T iiiii.ii.. 

.Sawyer, 

Sbt^rman, 



Allison, 


Frye, 


Carey, 


Gallinger, 


('asey. 


Hale, 


Chandler, 


Hawley, 


Cullom, 


Hlgglna, 


Davis, 


Hlscock. 


Dawes, 


Hoar. 


Dubois, 


Mc:VUlan, 


Berry. 


Cockrell. 


Blackburn, 


Coke. 


Blodgett, 


Daniel, 


Cattery, 


Gll)Son. 



NAY.'i 



Gray. 
Harris. 



1)111. 

lliinl,,n. 



Ark. 



2282 



CONGEESSIONAL RECORD— SENATE. 



Febiiuary 28, 



Kyle. 

Ijlnclsay, 

McPherson, 

Mills, 



Palmer, 
Pasco, 
Peflor, 
Pugli, 



Ransom, 
Stuwan, 
Tiu-ple. 
Vauoe, 



Vest. 

Vilas, 

Voorhees, 

AVhiie. 



NOT VOTING -20. 

Cameron, Ilansbroush, 

Colquitt, .Tones of Nevacla, 

Dixon, Morg;m, 

Dolpli. Perldus, 

Faullracr, Pettlgrtiw, 

Fellon, Proctor, 

George, Quay, 



Sanders, 

■Stanford, 

Walthall, 

Waslilnu'U, 

Wilson. 



Aldricli, 

Alien. 

Bate, 

Bricf. 

Builcr, 

Call, 

Camden, 

So tho motion was not agreed to. 

The PRES [DING OFFICER. The question recurs on the mo- 
tion of the Senator from New Yorlc [Mr. Hill] that the Senate 
proceed to the consideration of a l3ill the title of which has been 
road. 

Mr. ALLISON. Mr. President 

The PRESIDING OFFICER. The Senate will receive a mes- 
sage from the House of Representatives. 

MESSAGE PROM THE HOUSE. 

A mes.5age from tha House of Ropr-nsentatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House had passed 
the bill (S. 7S2) to provide for the adjustment of sales of lands in 
the late reservation of the Conft derated Ot^e and Missouria tribes 
of Indians in the States of Nebraska and Kansas, with an amend- 
ment in which it requested the concurrencj of the Senate. 

The message also announced that tho House had passed a bill 
(H. H. 10.J07) to rejieal paragraph numbered 209 of the act to re- 
duce the revenue and equalize duties on imports, and for other 
purposes; in which it requested the concurrence of the Senate. 

ENROLLED BILLS SIGNED. 

The message further announced that the Speaker of the House 
had signed tlie following enrolled bills: and they were thereupon 
signi'd by the Vice-President: 

A bill (H. R. 3(i26) to grant to the Gainesville, McCallister and 
St. Louis Railway Company a right of way througli tho Indian 
Territory, and for other purposes; and 

A bill (H. R. i02i)7) making aiipi-opriations for the diplomatic 
and consular service of the United States for tlic fiscal year end- 
ing Jmie 30, 1894. 

FORT RANDALL MILITARY RESERVATION. 

The PRESIDING OFFICER (Mr. Chandeer in the chair). 
The Chair lays before the Senate the action of the Rouse of Re- 
pi-esentatives on a bill of the Senate, which will^bc read. 

The Chief Clerk read as follows: 

In the House of Repiiesentatives. 

February 2i, 1S93. 
Seeoloed, That the House disagree to the report of the committee ot coii- 
fereiice on the disagreeing votes of the two Houses on the amnndmeiil of the 
H6Tise to the bill (S. 293I)"to provide for the snrvey and transfer ot thatpart 
of the Fort Randall military reservation in the Siate of Nebraska to said 
.States for school and other piu'poses. 

lur. PADDOCK. I move that tho Senate concur in the House 
amendment. 

Mr. COCKRELL. Let the jjroposed amendment to read. 

The PRESIDING OFFICEU. It is moved by the Senator 
from Nebraska that the Senate concur in the amendment of tho 
House of Representatives. 

iNlr. COCKRELL. Let the amendment be road, and then we 
shall know whether the Senate will concur or not. 

The PRESIDIN(J OFFICER. The amendment will be rciad. 

Tlie Chief Clerk. At the end of section 2 add the following 
proviso: 

Pi'Oiv'tZeiZ, That before said lauds shall be open to settlement tmder this 
secti m. the Secretary of the Interior shall appoint a commission of thi'ee 
disinterested citizens ot the United .States, whoshall appraise said landsand 
fix llio value of each quarier section, and x'>ersons who may take stich lands 
under the homestead laws, shall pay for such lands in thre;' equal install- 
ment-, at times to be fixed by the .Secretary of the Interior, and they shall 
also comply with all provisions of the homestead laws of the United States. 

Tlie PRESIDING OFFICER. Will the Senate agree to the 
motion to concur in the amendment of the House of Representa- 
tives':' 

Mr. HILL. I ask that that be laid aside for the present. 

The PRESIDING OFFICER. Objection is made to the further 
consideration of the bill. 

M r. PADDOCK. I appeal to the Senator from New York to al- 
low the amendment to be concurred iu. It is simply a concur- 
reni'c between tlie two Houses in a matter of disagreement. It 
will take but half a moment. 

Mr. HILL. I should like very much to aeommodate the Sen- 
ator from Nebraska, but the matter can be brought up at any 
time. I simply desire a vote on ray motion. 

Mr. PADDOCK. If the Senator will allow me, this is a privi- 
leged question. The motion is a proper one to be entertained 
at the present time. 



Mr. HILL. I do not understand that to be the case. 

Mr. PADDOCK. It is the result of a conference, and is sim- 
ply a concurrence in an amendment which was in disagreement 
bstween the two Houses. 1 move that the Senate concur in tlie 
House amendment. 

The PRESIDING OFFICER. The Chair will stata the ques- 
tion before the Senate. 

Mr. BLACKBURN. I beg leave to submit a suggestion to the 
Chair. The right to make a conference report is a privileged 
one. That is a privileged question, but the question of the con- 
sideration of that privileged report is not iirivilcged, but may 
be disposed of in the discretion of the Senate. The Senator from 
Nebraska exhausted his question of privilege when he made his 
report. He has no further privilege hers, but he is simply in 
the hands of the Senate. The motion of the Senator from New 
York is before the Senate. 

The PRESIDING OFFICER. The Chair will state that it is 
not the report t)f a conference committee, but a Senate bill com- 
ing from the House of Representatives with an amend men t, 
which the Chair laid before the Senate, not anticipating that 
there would be anytime taken in its disposition. Thereupon 
the .Senator from Nebraska [Mr. Paddock] was recognized and 
moved that the Senate concur in the amendment made in the 
House of Representatives, which is now the question Ijafore the 
Senate. 

Mr. PADDOCK. It was tho subjest of conference and agree- 
ment. 

Mr. HII^L. I personally would have no objection, but there 
are other bills which are pressing for consideration—— 

Mr. PADDOCK. I will insist no further. 

Mr. HILL. I will oblige the Senator afterwards as soon as I 
can. Now I insist on mv motion. 

The PRESIDING OFFICER.. The Chair is of opinion that 
the motion of the Senator from New York to proceed to the 
consideration of the bill indicated by him has preference over 
the motion to concur in the amendment made by the House of 
Reju-esentatives. 

Mr. PADDOCK. I accept that decision, whether it is right 
or wrong, in order to get along with business and give us an op- 
l^ortunity to vote on taking up the bridge bill. 

HUDSON RIVER BRIDGE. 

The PRESIDING OFFICER. The question is on the motion 
of tho Senatitr from New York [Mr. Hill] tliat the Senate pro- 
ceed to the consideration of the bill (S. 2626) to authorize the 
New York and New Jersey Bridge Company to construct and 
maintain a bridge across the Hudson River between New York 
City and the Slate of New Jersey. 

Mr. HILL. On that I ask for tho yeas and na3'6. 

The yeas and nays were ordered, and the Secretary proceeded 
to call the roll. 

Mr. COKE (when his name was called). lam paired with the 
Senator from Minnesota jMr. Washbuun]. 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. DOLPH]. 

The roll call was concluded. 

Mr. WILSON. lam paired with the Senator from Georgia 
[Mr. Colquitt] and witlihold my vote. 

Mr. DIXON. I am paired with the Senator from Mississippi 
[Mr. Walthall], who is detained from the Chamber by sick- 
ness. 

M r. FAULKNER. I am informed by a telegram received to-day 
by the Senator from Kentucky [Mr. Blackburn] that the Sen- 
ator from Montana [Mr. SANDERS] is in favor of taking up this 
bill. Unnder tho.se circumstances, I transfer my pair with the 
Senator from Rhode Island [Mr. Aldrich] to the Senator from 
Montana [Mr. Sanders], and vote "yea." 

Mr. FELTON. 1 am paired with tho Senator from Ohio [Mr. 
Brice]. 

Mr. GORMAN. I am iiaired with the Senator from Minne- 
sota [Mr. Washburn]. 

Mr. COKE. Do I understand the Senator from Maryland to 
state that he is pau-ed with the Senator from Minnesota [Mr. 
Washburn]? 

Uv. GORMAN. I am. 

Mr. COKE. Then I will vote. I vote '• yea." 

The result was announced — yeas 33, nays 29: as follows: 

yeas— 33 



Bate, 


Gibson, 


Lindsay, 


Stewart 


Berry, 


Gray, 


Mills. 


Turpie, 


Blackburn, 


Hausbrough, 


Palmer, 


Vance, 


Blodgett, 


HaiTis, 


Pasco, 


\'llas. 


Caflery, 


Hni. 


Pett!gi-ew, 


Voorhees 


Call, 


Htm ton. 


Power. 


White. 


Coke. 


Irby, 


Pugh. 




Daniel, 


Jones, Ark, 


Ransom, 




Faulkner. 


Kyle, 


Squire. 





1893. 



CONGRESSIONAL RECOED— SENATE. 



Allison, 

Carer, 

Casey. 

Chandler, 

Culiom, 

Davis. 

Dubois, 

Frye, 






Aldrich, 

Allen. 

Brice, 

Butler. 

Camdeu. 

Cam'-Tou, 

Cockrell, 






Gallinger, 

Gordon,; 

Hawley, 

Higglas, 

HiscocU, 

Hoar. 

McJUllan. 

McPher.son, 



NAYS— 29. 

Manderson, 

Mitchell, 

Morrill. 

Paddock, 

Peffei', 

Piatt, 

Proctor, 

Sawyer, 



Sherman, 

Shoup. 

Stockbridge, 

TeUer. 

Wolcotu 



Colquitt, 

Dawes. 

Dixon, 

Dolph, 

Peltou, 

George. 

Gorman, 



Vest. 

Walthall, 
Warren, 
Washburn, 
Wilson. 



Tlio bill is before the Senate 



The question is not debatable 



Debate can proceed by unan- 



NOT VOTING— 26. 
Hale, 

Jones. Nev. 
Morgan, 
Perkins, 
Quay, 
Sanders, 
.Stanford, 

So the mB?ion was agreed to. 
The PKtelDING OFFICER, 
as in CommTttee of the Whole. 

Mr. ALLISON. I ask that the bill be informally laid aside in 
ordei- that I may ask the Senate to proceed to the consideration 
of House bill 10421, being the agricultural appropriation bill. 

Mr. HILL. That is of course with the understimdiug: that it 
only temporarily displaces the bridge bill. 
Mr. BLACKBURN. It does not displace tlie bridge bill. 
Th PRESIDING OFFICER. The bill before the Senate will 
be the unfinished business. The Senater from Iowa asks that 
the Senate proceed to the consideration of the bill (H. 11.10421) 
making appropriations for the Department of Agriculture for 
the fiscal year ending June :J0. 1894. If there be no objection 
the bill will be considered as before the Senate. 
Mr. HISCOCK. I object. 

The PRESIDING OFFICER. Objection is made. The ques- 
tion is on the motion of the Senator from Iowa that the Senate 
proceed to the consideration of the bill. 

Mr. HILL. Mr. President 

The PRESIDING OFFICER, 
except by unanimous consent. 

^h-. HILL. So I understand; but wo want to understand the 
situation, that is all. 

The PRESIDING OFFICER 
imous consent. 

Mr. HILL. I am entirely willing that the Senator from Iowa 
shall now take up the appropriation bill, and it was with that 
understanding I presume that the vote was given to take up the 
, bridge bill. ^ I am entirely willing to carry on: that understand- 
ing. Does it require unanimous consent to p:-oceed to the con- 
sideration of the appropriation bill? I do not understand that 
it iloes. 

The PRESIDING OFFICER. There is a mot ion made to pro- 
ceed to the consideration of the appropriation bill. It does re- 
quire unanimous consent. 

Mr. HILL. I ask the Senator from Iowa, in t.iking up the ai> 
propriation bill, not to displace the bill which the Senate has 
already agreed to consider. 

The PRESIDING OFFICER. The Chair will state that the 
Senator from Iowa made a request for unanimous consent, but 
objection was made. The Chair understood that tho Senator 
from Iowa then moved to proceed to the consideration of theaj)- 
pro])riation bill. 
Mr. HILL. Who made the objection? 
Mr. HISCOCK. I made the objection. 

The PRESIDING OFFICER. The Senator from Iowa moves 
to proceed to the consideration of the agricultural appropria- 
tion bUI. The motion is not debatable. 

Mr. HILL. I do not desire to antagonize the Senator's bill, 
but I trust the Senate will treat this question fairly. Tho only 
alternative is to vote down this motion. I am very sorry it is 
BO. but it seems to be the only way. 

'Mv. ALLISON. I ask unanimous consent to make a brief 
statement. 

The PRESIDING OFFICER. Pending the consideration of 
the bill which has been taken up on motion of the Senator from 
New York [Mr. Hill], the Senator from Iowa submitsa request 
for unanimous consent, which he will state. 

Mr. ALLISON. I merely desire to state that if these appro- 
priation bills are to be passed by the Senate we must proceed 
with them when they are ready. Therefore, if unanimous con- 
sent can not be secured to informally lay the bill aside, lam com- 
pelled to move to proceed to the consideration of the bill making 
appropriations.for the Department of Agriculture, and I trust 
no Senator will vote against such a motion. 

]Mr. BLACKBURN. Will the Senator from Iowa allow me to 
ask him a question? Does he intend to make any motion that 
shall say to the Senate by way of coercion that it shall not be 
permitted to consider or dispose of a bUl which by a yea-and-nay 
vote it has just this moment taken up? 
Mr. ALLISON. The Senator from Kentucky knows very well 



■PO- 



2283 

^adj^^t^ob^!'-^ ■!n".^!^.^i'^°M^.''^''^'^'^'^^^^^^ .*'^*'" ""^•'• ^^ 

aside. That ! 
and make it n 

The PRESIDIN. 
that tho Senate iir. 
appropriation bill, i^ • 

Mr. HILL. I do not, 
tor's motion. Ne v. • - ■ ' 
have a hearing. I 
will Ix) no objectio: 
after tho apnropriati.ju 

Mr. FRVE. Oh. ye> 
to taking up the brid'T, • " ■ • 

s^^iJ^:^^ ,.,„,„ , , , ^""^ -'^- "- - 

to a vote upon a bUl tliat tliuy know is 
measures. 

Tlie PRESIDING OFFICER. 1 ■ 
cecd to tho consideration of a jjar . 
cept by unanimous consent. 

Mr. BLACKBUKX. I thought dolmto wm ii.-oo.- 
unanimous cons^-nt, at least so far as tho Senator from il**i.o 
was concerned. -•»«u« 

Tho PRESIDING OFFICER. T>' ' ' > -• 

far by unanimous consent. The () 

Sonatoi- from Iowa to proceed to ti. 

cultural ai)]n-o])riation lull. " ' 

Mr. HILL. I withdraw opiwsttlon to the motion I will 1 t 
the Senator call up the appropriation bill, and I 
sense of fairness and justice of the .Seual«3 to tak. 
bill afterward.-i. 

AGRICtJLTURAL APPKOPRIATION BILL. 

Tlie PRESIDING OFFICER. T! 
that tho Senate procei^d to tho c 

10421) making appropriations for I i. .,,,„.,, v ... v... .■•r.. 

for the liscal year ending .hino ;i(i, H!M. 

The motion was agreed to: aii.l ili.' S.iiiil.-. »- ni Coin:, in.-.. 
of the Whole, pi-ocecded to c 
ported from theCommitteeoii 

Mr. .\LLI30N. 1 ask tliai 
may be considered as they ar. 

The PRESIDING OFFICK' 
unanimous consent that the 
pensed with, and that the anir 

tee ho considered as they are reached, is there objoelion? The 
Chair hears none and it is so ordered. 

The Seerotary proce 'ded to read the bill. 

The first amendmjnt of the Committee on Appropriatlnnnwiui, 
on page II, line 7, liefore tlie word " !>'' ^ ■• 
"Labratory" and insert ••Laboratory;" 

"chemicals," to strike out ■•labrator-. 

tory:" and in lino 12, after the woi-ds"" rent ot,' 
" labratory " and insert "'laboratory;" so as to ma . 
read: 

L:ilinratory. Dlrtslon of Chcnilslry: Cbomlcul ipnantni. rhMialr»)p IhIuit- 

atorj- nxlur.-; :i'ni <'in,,ii..j .„„-.i.-, t..„ i : 

conducting: 
labor and ex 
labratory bu , . , 

The amendment was agreed to. 

Mr. ALLISON. In line l.'l. on page II, I mnvo in ^•^ll,•.. <i:: 
"labratory " and insert •' laboratory; " and a 
10, line 11, the word '-and '' occurs'twice. wli. 
but one "and." 

Tlie VICE-PRESIDENT. Tho corrections wlU bo m«dc. 

The ne.\t amendment of the Comr'" ' 

on page 11, under the head of " Ln 

istry," line 20, before the words": . ... 

strike out " the sum of" and insert " and for special soil loves- 
tigations;" so as to road: 

To enable the Serretav- 
gailouof the aJuliTat; ■ 
chase of samples. tr:i: - 
postii^e. printing . 
ini: samples pure) 
tions, ?ir),iWO; an.l i 

thor.'zed to emi>loy such :ii.,lsMu^_5, clc;'ki. .^ui oiliur p-rauua Ai» U« may 
deem necessary. 

Mr. HUNTON. I hope " i ..:...,.,.. ^' .» ■■ („ 

charge of the bill will no' 20 

and 21. I am inform>'i ' vi- 
sion that the sum of - 
the other things in • 

forsixjcial soil inve-' j; 

investigation imder • rj- 

ated that tho sum apin'iji' i.u.-u >-. n, iuui"--, n' , no 

value. He doea not object to any appropriation foi 'A- 



2284 



CONGRESSIONAL RECORD— SENATE. 



Eebruaey 28, 



e-ation3 but if the committee think there ought to be an mvesti- 
lation of soils then there ought to be a separate appropriation 
for tliat purpos-! and it should not ba taken from the appropria- 
tion "to extmid and continue the investipatiou of the adultera- 
tion of food, drugs, and liquors, including the purchase of 
samples, transportation, traveling expenses, stationery, return 
postage, printing and illustrations, analyzing, investigating, and 
examining samples purchased in the open markets." 

This ajipropriation Avas intended for the investigation of the 
adulteration of food, drugs, and liquors, and if a portion of it is 
to be diverted to the investigation of soils, then it does not leave 
fcnough for the investigation of the adulteration of food, etc. 

I beg to say to the distinguished chairman in charge of the 
bill that if he undertakes to investigate soils there is no telling 
•how many varieties of soils there are in the United States, and 
$15,n00 would not be a drop in the bucket to investigats the soils 
of this country. It would take away so much from the investi- 
gation of food adulterations as to make this provision practically 
useless to the Department of Agricultuiv. 

Mr. ALLISON. This amendment was inserted on the request 
of the Assistan t Secretary of Agriculture,who has primary charge 
of these approjiriations. He stated to the committee that he 
desired a small sum for special soil investigations. An esti- 
mate was made of .'S'),000 foi' this purpose, but it was not inserted 
in the bill by the House of Representatives. The Assistant Sec- 
retary called our attention to it, and stated that with this sum, 
$l.'),0O0, they could make the special investigations they desire 
to make. 1 will say to the Senator from Virginia that this is 
$3,000 more than the appropriation for the c.irrent year, which 
is only .i;12.000. If it should turn out that the Secretary was mis- 
talMU in his request, we can easily arrange it in conference on 
consultation with the House of Representatives. 

Mr. PADDOCK. I should like to ask the Senator having 
charge of the bill to pass over this paragraph for a short time 
until we can have an opportunity to look at it. The idea has 
iust suggested itself here, and I have had no opportunity to ex- 
amine it. It seems to me on the face of it to be absurd, because 
$15,000 is quite a scant approDriation for the duties first named 
in the paragraph, that is, for "the investigation of food adulter- 
ations, etc. ., ^, ,.14. 
Mr. ALLISON. It may be absurd, but it so the Assistant 
Secretary of Agriculture who recommended this provision cer- 
tainly must have known something about it. 

Mr I^ADDOCIv. I have another amendment which I desire 
to add to the paragraph. I should be glad if the Senator could 
see his way clear to pass it over for the present. 

:\Ir. ALLISON. I am perfectly willing that it may be passed 
over. ^ ^ . , 

Mr. HIGGINS. Before the item is passed over I suggest to 
the Senator from Iowa that the amendment in the form in which 
it is presented to the bill seems to be an inadvertence. It cer- 
tainly destroys the effect of the appropriation and widens the 
scope of it so greatly that the amount appropriated becomes ab- 
surd. It was probably a mistake on the part of the draftsman. 

Mr. HUNTON. I stillthink from what I have heard and from 
the intelligent gentlemau in charge of this division that it would 
be wrong to divert any of the appropriation for an examination 
of the adulteration of "food and liquor from that purpose and ap- 
propriate it to a special examination of soils, because the whole 
sum, $15,000, would not amount to much in the examination of 
soils', while it is enough for the examination of, food adulteration 
and liquor adulteration. But if the Secretary has the discre- 
tion to divert any portion of the $15,0("»0 that ho may please to 
the examination of soils, ho may if he chooses take the whole of 
it and leave the business of that division, which has been going 
on for years, entirely without money to proceed. 

Mr. ALLISON. 'l am willing that the paragraph may be 
passed over for the present. To meet the objection suggested 
by the Senators who seem to think this is a very absurd pro- 
yision— I am sorry thoy make such a criticism upon the_ Assist- 
ant Secretary of Agriculture as well as upon the Committee on 

Appropriations 

Mr. PADDOCK. No rellection was intended. 
Mr. ALLISON. Oh, cjrtainly not. I will modify the amend- 
ment in line 21 by inserting, after the word " dollars," the words 
"one thousand live hundred dollars of which maybe used for 
special soil investigations." 
Mr. PADDOCK. That is entirely satisfactory to me. 
Mr. ALLISON. I hope that the gentleman who is at the head 
of this division, who seems to be pretty alert, will be satisfied 
with that provision, and I so modify it. 

Mr. HUNTON. I am under the impression that modihcation 

will be satistactorv, but I do not know, and therefore I reserve 

the privilege of opposing it when the bill comes into the Senate 

from the Committee of the Whole. . 

Mr. ALLISON. Very well. I modify the amendment by in- 



serting after the word "dollars," in lino 21, " of which sum 
$1,500 may be used," etc. I will not even make it directory. 
Then the Secretary of Agriculture, who 1 am sure will be able 
to SL'ttle this que.-ition in the interest of agriculture, will not use 
this $1,,500 for one purpose when it can te more profitably used 
for another. 

Mr. HUNTON. I think the form of amendment as proposed 
bv the Senator is satisfactory. 

"The VICE-PRESIDENT. The amendmentto the amendment 
of the committee will be stated. 

The Secretary. In line 20, strike out the words " and for 
special soil investigations," and in line 21, after the word "dol- 
lars," insert "of which sum $1,500 may be used for making special 
soil investigations;" so as to read: 

To enable the .Secretary ofAgiiculuire to the extend and continuethe inves- 
tigation of the adulteration of foo;l. drags, and liquor.?, including the purchase 
of samples, trausportatioa. traveliu--' expsn.ses, .stationery, return postagf. 
priutiug and illustrations, analyzing, investigatinj. and esamiuiug samples 
purchased in the open markets, $15,003 of which sum !fl,503 may be used tor 
making special soil investigations. 

Mr. HUNTON. And restore the words " the sum of," in line 
20? 

Mr. ALLISON. That is not necessarv: that is surplusage. 

Mr. HUNTON. All right. 

The amendment to the amendment was agreed to. 

The amendment as amended was agreed to. 

The reading of the bill was resumed. The naxt amendment 
of the Committee on Appropriations was, on page 12, in Liie 20, 
before the word "thousand," to strike out "twelve" and insert 
"twenty;" so as to make the clause read: 

Report on forestry, division of forestry: To enable the Secretary of Agri- 
culture to experiment and continue an investigation and rei^rt upon the 
subject of forestry, and for traveling and other necessary expenses in the 
investigation, and the collection and distribution of valuable economic 
forest-tree seeds and plants, S20,000. 

The amendment was agreed to. 

The next amendment was, on page 13, line 19, before the word 
" thousand," to strike out "thirty " and inssrt " forty-five;" so 
as to read: 

Agricultural experiment stations: To carry Into effect the provisions of au 
act approved March 2, 1887. entitled '-An act to esablish agricultural experi- 
raeut stations in connection with the colleges established In the several 
States under provisions of an act approved July 2. 1862. and of the acts stip- 
plementary thereto," and to enforce the execution thereof, S71.=),000, S:i,5,003 
of which s\im shall be payable upon the order of the Secretary of Agricul- 
ture to enable him to carry out the pro%-lslons of section 3 of said act of March 
2, isar: and the Secretary of Agriculture is hereby authorized to employ such 
assistants, clerks, and other per.sons as he may deem necessary, and to incur 
such other expenses in traveling, stationery, ana office fixtures as he may 
hud essential in carrving out the ol>.iects ot the above acts, and the sums aj' 
portioned to the several Stales shall be paid quarterly in advance. And th 
Secretary of Agriculture is hereby authorized to turuLsh to such institution, 
or indiviiluals as may care to buy it copies of the card index of agricultural 
literature prepared by the ottlee of experiment stations, and charge for the 
same a price covering the additional exnense involved in the preparation of 
these copies, and he is hereby authorized to apply the moneys received to- 
ward the expense of the preparation of the index. 

The amendment was agreed to. 

The reading of the bill was continued to line 5 on page 20. 

Mr. COCKRELL. I wish to ask something about the experi- 
ments in the manufacture of sugar. These experiments have 
been made for a number of years past and agreat deal of money 
has actually been expended in experiments in the States of Kan- 
sas and Louisiana, and probably in other States. Is this simply 
to c intinue the same processes and scatter it out a little more ex- 
t'nsively? What is the object of the provision? Let me read 
it, beginning at line 14 on page 19: 

To enable the Secretary of Agriculture to continue experiments in the 
pro-luciion of sugar from sugar cane, sugar beets, aud sorghum, and es- 
pecially for culture experiments looking to the Improvement of those soitrces 
of sugar, and tor experiments for the more complete separation of the sugar 
from the molasses, and including all necessary expenses in these experi- 
ments, namely, traveling expenses, purchase ot samples, apparatus, and 
supplies, chemical services, including SoOO additional temporary compensa- 
tion to the chief chemist, and other expenses incidental to the experiments, 
$20,030. or so much thereof as may be necessary: Proi'ided, That so much 
thereof as may l)e necessary may, in the discretion of the Secretary of Agri- 
culture, be expended in investigating and preparing to carry onexpei-imenis 
next year in sugar-cane production on reclaimed swamp lauds in some suit- 
able place In the San Joaquin or Sacramento Valley, California, to be use t 
by the Department free of charge. 

Are we to go on those reclaimed swamp lands and experiment 
with them, plow and see if we can make sugar cane grow there? 

Mr. ALLISON. I suppose that is the intention from the lan- 
guage of the bill. This is an exact copy of last j^ear's bill. 

Mr. COCKRELL. What did the Department do under the 
provision in the act of last year? 

:Mr. ALLISON. I understand they are only beginning now to 
make experimetits and want to continue them another year. I 
will also state that experiments are being made in Florida, and 
to some extent in Louisi:ina, and they are still continuing experi- 
ments in sorghum in Southern Kansas. That is all I know about 
it. I think it is well enough to try it another year, and perhaps 
we can get through with San Juan and Sacramento Valley by 
I that time. I trust next year we shall be able to dispense with 



I 



CONGRESSIONAL RECORD— SENATE. 



•JiSo 



^■oncomed^'^'^*^°'^' ^^P'^'^'^^y so far as the San Juan Valley is 

The reading of the bill was resumed. The next amendment 

of the Committee on Appropriations was, on page 20, after line 

Irrigation investigations: To enable the Secretary of AerlculturB toron- 
lS'St?on?l^',oS!°" °' i^fo^ationas to the best ^odes^f'Tj^lSSturrby 

Mr. COCKRELL. I thoughtwehad.afterthreeorfourofTorts, 
been ableto wind up the irrigation report. We have been prom- 
ised I think two or three times that a certain appropriation 
would close out the matter, and here it comes a"ain 
Mr. STEWART. And here it ought to comeligain. 
Mr. COCKRELL. I should like to know why It ou^ht to be 
continued. 

Mr. STEWART. I will tell the Senator why. I know of no 
reason why there should not bs information gathered and dis- 
tributed with regard to irrigation as well as in regard to soils 
and every other matter connected with agriculture. It is a new 
pur.suit to our people. It takes time to learn it. It takes an ox- 
pert to know at what time of the year to irrigate, and how much 
water to put on in irrigation. In one section one method is re- 
quired and in another section another. Immigrants are goln" 
into that country, which occupies two-lifths of the entire area, 
Ignorant of the modes of irrigation. I am asking for nothing 
with regard to improvements. I liave been disappointed in the 
moneys appropriated. I do not care about going into that. So 
far as reservoirs are concerned, the money was used for another 
purpose. This is in the same line of all our investigations. 

The whole agricultural business is in this line, to collect in- 
formation and instruct the people how to raise crops under dif- 
ferent circumstances and under different conditions. The im- 
migrant goes into the arid region entirely ignorant of the modes 
of irrigation. Our ancestors did not come from a country where 
they irrigate. The Atlantic States do not irrigate and the im- 
migration that goes to that country principally comes from 
countries that do not irrigate. It takes years for a farmer to 
lea;n how to irrigate unless ho can have this information pub- 
lished. I do not want any separate books published on the sub- 
ject I want the information collected and published in the regu- 
lar agricultural reports in connection with the other oxperi- 
•ments. 

This is a small matter. There was an appropriation of this 
kind made last year. It was difficult to find a man suitable 
for the business. There has been an appointment made now. 
Whether it will prove a suitable one or not remains to be seen. 
But that there should be something of this kind wo ha%-e a 
right to demand. It is a hundred times more important than 
the sugar experiments. It is a hundred times more important 
than tlie soil investigations, because it is a new field. Immi- 
grants go into that country and they are misled. They wait 
years before they learn to raise potatoes by irrigation. You 
would think that a very small matter, but the water must be put 
on in certain quantities, and at different times. If it is put on 
too early or too late it is fatal to the raising of the crop. This 
information they absolutely require if that country is to bo in- 
habited. Why that section should be singled out and should be 
frowned upon when it is so important and so extensive; why 
there should be a question about it, seems to me very remark- 
able, if we are going to do anything to aid agriculture. 

I want the simple modes published— and they are simple when 
they are understood — the modes of raising crops by irrigation in 
the warm valleys of the southern line and in the high cold val- 
leys of the north, where different quantities of water are re- 
quired. Take for example Southern California. It was sup- 
posed for many years that it required what they call a miner's 
inch of water to irrigate an acre of fruit trees. They have ex- 
perimented until they can irrigate ten acres or more by applying 
water correctly, and so with many other things, when they have 
this information. 

Mr. COCKRELL. Was not all that demonstrated and tested 
by individuals before the Agricultural Department touched it? 
Mr. STEWART. I do not want the Agricultural Department 
to make the tests, but I want it to collect the information of the 
tests made. We have experimental stations. Wo Iiave agri- 
cultural societies making experiments. All I want is to collect 
that information and publisli it in the agricultural reports so 
that it can ba accessible. 

This is a vast region. The inhabitants are separated by thou- 
sands of miles from each other. Experiments made in one local- 
ity are not accessible to others. They are in mountain valleys, 
they are in isolated communities, and they do not know what ex- 
periments have been made. Immigrants are constantly going in 
there, and new discoveries in the art of raising crops by agri- 
culture are made every year. It would take centuries for that 
information to become common, if you did not have some central 



•i iU- 



lu 
Itll- 



bor. 



locality where you could collect it HM. I .. ...i;.!. ;. i. : 

the most important things to bj i 

vital almost in carrying ou the 1) : 

tion. It is essential that ev. 

session the modes tliat have ' 

to spend a long time and beggar nuns i: m ;.n^.a^ ii oul , 

dividual experiments. " 

That is all there is in this provwi.... w - - 

agriculture I say this is one of tl. 
want no expensive work done. \ 
formation colU ct.^d'as to what e.\ 
the people thems-lves throii<rh • 
through tlio experinien' ■- ■' " 
can each year have a fi 

tion that will be of inwn. ; . 

to make a farm in one of your mmi' ' '"' ' ' 

-Mr. PEFFER. Mr. President, i w,.r,l ■ , 

the Senator fiMin Novodu has bui<l ubuni iiu 
gation in a very larg.- portion ..f tli.>r...m'r\ 
that he occupies and thatu' ' ' 
Western Kansas and Western 

ing northward and siuilliwara l ,, 

is practically valnel- ss fop ugricultunil 

artificial means of supplying wut. r. I 

land in Western Kansas and in \V 

plied with water, would produce ii 

anro of a family and towards suppUui- the jua: 

and towns nearby a.s a (juarter s -ctidn of land in i- 

ditiou. 

Somotimes persons in that region, in estlnmtlnjr tho uumi 
01 acres of land required to muintiiin li.i-.!-, ,.r .■•im,. t ,;,. ,,. 
their final estimate alxiut 20 ucns • 
average, whereas, under a proiHT - , 

of land would be enough to supply one ; . ^.. 

1 acre of land would he amply Hulilcient ■ »ji 

the needs and re.iiiirement.s of nr. bo 

enough to supply the needs of a fii i iq 

acres would raako a comfortable lif,._ 

In connection with that we are in ihu liubll of ;. 
large sums of money to open outlets to the hoa, (■ 
our rivers and our harbors in order that wo may uk> 
plus produce from the farms awav from thi- .•mmtrv. 
important, I wish to sav to Senators, tlii ' 
sui)pliesaro produced shall lie aid./d b. 

extent of the work to be done is so grout •,...;...-,...„..,,, ,, ;,. 
of the power of individual citizens to do it. 

I hope that the amendment of the committeo will bo tulopt-jd 
and that the committeo of conference on the pari of the Sooato 
will insist upon it. 

The VICE-PRESIDEXT. The question is on affrocini; to tho 
amendment of the committeo. 

Tho amendment was agreed to. 

The reading of the bill wu.'i n'sumod. Tho next ann'ndm'iit ot 
the Committee on Appropriations was. on hul'.' L'I i.i; !. r ih., 
head of "Weather Bureau, "in theappnT 
expenses of tho Weather Bureau, in I. 

"clerks,'' to strike out "ton" and insert ■ n \,^. 

fore tho word "dollars,'" to strike out "four! ^inj 

insert "twelve thousand six hundred;" in'- 
"clerks," tostriko out "thirty-two" an 

and in lino 12, before the woril "hundr..'".;, . : 

eight thousand four " and insert " thlrty-nino ibousao i 
as to read : 

Five clerks, class 3, 88,003; nine clerks, cla.'«J 2, tlS,030: thlrtr'tbrm t.;«tt-. 
class 1, WD. MO. 

Tho amendment was agreed to. 

Tho next amendment was. on pago 2'i. lino 22, to chnng.? tho 
total of appropriations for 8alari':9 and e.vp •il-.4'h nf th- W.-ntlwr 
Bureau from *17'J,3;}0 to $179, 130. 

The reading of tho bill was concluded . 

Mr. PADDOCK. On page 9, line 5. af • 
I movo to add " of which tho sum of ?2,ii 
available." 

The VICE-PRESIDENT. The amendment will bo statrd. 

The Chief Clerk. On page 9, lino ;'.. after tho word "dol- 
lars,'' it is proposed to insert " of which tho sum of 82,000 shall 
be immediately available:"' so as to r.-nd: 

Botanical Investigations an 1 
Ing si)oclmcns, paiWr. ami aM n 
lilior In proparing tho f.t".' ■ 
gr.issos anil forago plan' 
exp Timemal gr.ass siai; 
cluiiing cost ol reports a:. 

necfssary expenses coij- ■;« 

In the Held for explorai: •«, 

*30,U00, of which the sum . 

Mr. COCKRELL. Why should that amount be avaUabIc thb 
year? 



2286 



CONGEESSIONAL RECORD— SENATE. 



Eebru^uiy 28, 



Mr PADDOCK. It should be available because there are 
certain plants, etc., which are obtainable in May, which are not 
obtainable in April or at any later period. The amendment is 
in the interest of economy and in the interest of this particular 
service. It is important that a portion of the appropriation 
should be at once made available. I have here a letter from the 
chii-f of tlio division of botany recommending the adoption of 
such an amendment as I have offered, which may be read if de- 
sired. That is substantially the statement. 

Mi: COCKRELL. Is it estimated for by the Secretary of the 
Treasury? 

Mr. PADDOCK. An estimate is not necessary. It is not 
proposed to increase the expenditure. The amendment merely 
proposes to make the approjn-iation immediately available. 

Mr. ALLISON. I understand the chairman of the Committee 
on Agriculture and Forestry desires the adoption of this amend- 
ment. It only enables the money to be expended a little earlier 
than it would otherwise bo expended. 

Mr. PADDOCK. That is all there is of it. The amendment 
make no additional expenditure, 

Mr. ALLISON. And we are to have a careful and good man 
to expend it, I presume. 
The amendment was agreed to. 

Mr. PADDOCK. After the word " necessary," on page 11, 
line 24, I propose to add the proviso, which I send to the desk. 
The VICE-PRESIDENT. The amendment will be stated. 
The Chief Clerk. On page 11, Une 24, after the word 
"neoessai'y,"it is proposed to insert: 

Provided. Thai all duties imposed upon the Secretaw o( the Treasiu-y or 
the CommLssioner ol Internal Revenue by the act entitled "An act to pro- 
vent the manufacture or sale of adulterated lood or drugs in the District of 
Columbia," approved October 13, 1888, shall hereafter be performed by the 
Secretary of At;riculture. 
Mr. GORMAN. Let the amendment be again reported. 
The VICE-PRESIDENT. The amendment will be again 
stated. . . ^ 

Mr. ALLISON. The efl'ect of the amendment is to transferto 
the Secretary of Agriculture the duties now im]30sed upon the 
Secretary of the Treasury respecting the adulteration of food 
and drugs in the District of Columbia. 

Mr. GORMAN. That is a change of existing law, and I shall 
be compelled to make the ijoint of order against the amendment. 

Mr. PADDOCK. Mr. President 

The VICE-PRESIDENT. Does the Senator from Maryland 
make the point of orderV 
Mr. GORMAN. I do. 

The VICE-PRESIDENT. The point of order, in the ojjinion 
of the Chair, is Well taken. 

l\Ir. PADDOCK. I presume it is; but I do not think it is very 
wise to raise it on an amendment of this character . I should Uke 
to say a word concerning it. 

Mr. GORM A N. I shall withdraw the point or order, of course . 
to enable the Senator to make a statement. 

Mr. PADDOCK. Mr. President, in a provision which was en- 
acted in the last Congress for the investigation of adultoi-ations 
in the District of Columbia, the duties were imposed upon the 
Secretary of the Treasury and the Commissioner of Internal 
Revenue. Now, it is provided in the clause of the bill which I 
propose to amend, that the same investigations without limit as 
to place shall be made. They may be made generally under the 
appropriation which is made in this bill. The investigations re- 
quired by the law to which I have referred, but for which there 
is no appropriation whatever, may properly bo made. I there- 
fore suggest to the Senator from Maryland that while technically 
his objection is all right, yet in the interest of the public serv- 
ice, in the interest of these useful investigations, and in the in- 
terest of economy, it would be better to have these duties placed 
where I propose tojjlace them, under the Secretary of Agricul- 
ture. 
Mr. GORMAN. I renew the point of order. 
The VICE-PRESIDENT. The Chair holds that the point of 
order is well taken. 

The bill was reported to the Senate as amended , and the amend- 
ments were concurred in. 

The amendments were ordered to be engrossed, and the bill to 
be read a third time. 
The Iiill was read the third time, and passed, 

DISTRICT APPROPRIATION BILL, 

Mr, ALLISON. I desire at this time to submit a conference 
report on the District of Columbia appropriation bill. This re- 
port is somewhat lengthy. I ask that it be printed in the Rec- 
ord, without reading, and I give notice that to-morrow morning 
I shall ask the Senate to consider it. 

The VICE-PRESIDENT. The report will be printed in the 
Record, without reading, if there be no objection. The Chair 
hears none. 



The report referred to is as follows: 

The committee of couference on the dlsagi'eelug votes of the two Houses 
on the amendments of the Senate to the bill (H. K. 10038) making appro- 
priations for the expenses of the government of the District of Columbia 
for the fiscal year ending June ao, iSiU. and tor other purpo.ses, having met, 
after full and free couference have agreed to recommend and do recommend 
to their respective Houses as foUow.s : 

That the Senate reciide fi-om Its amendments numbered 1, 4, 5, 11, 22, 26, 27, 
28. 29, :!3, 47, 48. 55, G5, 70. 71. 73, 74. 78, 85, 8,1, 109, 113, 114. and 116, 

That the House recede from its disagreemeut to the amendments of the 
.Senate numbered 2, «,7, 8, 9, 10, 13, 20, 21, :M, 30, 31, 32, 3,5, 3»,*i, 41,42, 43, 44, 45, 
48, 49, ,50, 51, 53, 54, 56, 57, 58, 69, 60, 61, 02, 64. 6H. 72, 75, 76, 77, 7i', 80, 82, 83, 84, 66, 
87, 88, DO. 101, 1U2, 103, 100, 110, 111, and 115. and agree to the same. 

Amendment numbered 3: That the House recede from its disagreement to 
the amendment of the Senate numbered 3, and agree to the same with an 
amendment as follows: In lieu of the sum proposed Insert "$46,141;" and the 
.Senate agree to the same. 

Amendment numbered 12: That the House recede from its disagreement I 

to the ameudinent of the Scuate numbered 12, and agree to the same w-lth 
an amendment as follows: Strike out the matter Inserti^d by said amend- 
ment and insoruafter the word "dollars," in line 27, page 10 of the bill, the 
follomng: "And this appropriation shall be available tor remm-lng and re- 
pavlng parking on New York avenue, between Ninth and Tmlh streets, un- 
der the provisions of the compulsory permit system;" and the Senate agree 
to the same. \ 

Ameudmenl numbered 14: That the House recede from its disagreement to 
the amendment of the Senate numbered 14, and agree to the same with an 
amendment as follows: In lieu of the sum proposed insert "»2«0,000;" and 
the Senate agree to the same. 

Amendment numbered 15: That the House recede from Its disagi-eement to 
the amendment of the Senate numbered 15, and agree to the same with an 
amendment as follows: In lieu of the sum proposed insert "817,000;" and the 
Senate agree to the same. 

Amendment numbered 16; That tlie House recede from lis disagi-eeraeut 
to the amendment of the Senate numbered 16. and agree to the same with an 
amendment as follows; In llou of the sum proposed insert "S7G,000;" and 
the Senate agree to the same. 

Amendment numbered 17; That the House recede from Its disagi-eement 
to the amendment of the Senate numbered 17, and agree to the same with an 
amendment as follows: In lieu of the sum proposed Insert "jys.OOO;" and 
the Senate agree to the same. 

Amendment numbered 18: That the House recede from Its disagreement 
to the amendment of the Senat« numbered 18. and agree to the same Willi 
an amendment as follows; In lieu of the sum proposed Insert "838,000; 
and the Senate agree to the same. 

Amendment numbered 19: That the House recede from lis disagreement 
to the amendment of the Senate numbered 19, and agree to the same with 
an amendment as follows; In lieu of tlje sum proposed Insert "813,000; 
and the Senate agree to the same. 

Ameudmenl numbered 2:!: That the House recede from Its disagreement 
to the amendment of the Senate numbered 23, and agree to the same with an 
amendment xsfoUows; In lieu of tlie sum proposed Iniiert "8123,955: 'and 
the Senate auree to the same. 

Ameudmenl numbered 25: ITiat the House recede from Its disagreement 
to the amendment of the Senate numbered 25, and agree to the same with an 
amendmeut as follows: In lieu of the sum proposed Insert "K2,25d;" and 
the Senate agree to the same. 

Amendment numbered 31: That the House recede from its disagreement 
to the amendment of the Senate numbered 31, and agree to the same with 
an amendment !is follows: Insert after said amendment as a new paragraph 
the following: . , „.„„„„„ 

"For grading Massachusetts avenue extenaea, $10,000, 
.\nd the Senate agree to the same. 

Amendment luimberod 30: That the House recede from Its disagreement 
to the anu'iJraeut of the Senate numbered 30, and agree to same with an 
amendment as follows: In lieu of the sum proposed insert "539,000; and 
tbe Senate agree to tliesame. 

Amendment numbered :i7: That the House recede from Its disagreement to 
the amendment of the Senate numbered .37, and agree to the same w-ith an 
amendment as follows: In lien of the sura proposed insert "$125,000; and 
the Senate a'^'i-ec to the same. , ^, , 

Ameuilmeiit numbered :<8: That the House recede from Its aisagreement 
to the amendment of the Senate numbered 38, and agree to the same with an 
amendment as follows: In lieu of the sum proposed insert " 140,000; and 
the Sen.ate agree to the .same. 

Amendment numliered 52: That the House recede from its disagreement 
to t he amendment of the Senate numbered 52. and agree to the same with an 
anvudnicnt as follows: Strike out in line 5 of said amendment the wora 
"s.'vemy-live" and Insert In lieu thereof the word "sixty; " and the Senate 
agree to" the same. , -. „ „. 

Amendment numbered 63: That the Honse reoede from Its disagreement 
to the amendment of the Senate numbered 63, and agree to the same with 
an amendment as follows: In lieu of the number proposed insert four- 
teen; " and the Senate agree to the same. 

.Amendment numbered 66: That the H'-iuse recede from Its disagreement 
to the amendment of the Senate numbered O'i. and agree to Ihesame with an 
:imcudment as follows; In lieu of the sum proposed Insert "6T,750: and the 
Senate aCT'i* to the same. ^ . ,. 

Amendment numbered 67: That the House recede Iromits disagreen,. i t 
to the amt^idm.mt of the Senate numbered 07, and agree to the samewli i :i:. 
:unendmenl .as follows: In lieu of the sumproposedinsert"823.1o0; anuiiie 
Sen:Ue agree to the same. 

Amendment numbered 69; That the House recede fi-om Its disa.greemem 
to the amendment of the Senate numbered 69. and agree to the same with 
au amendment as follows: In lieu of the matter proposed to be Inserted by 
said amendment Insert the following: 
••For one light wagon, harness, and horse, $365." 

And the Senate agree to the same. , . .» j, „„„, 

Amendment numbered 61 ; That the House recede from Its disagreement 

to the amendment of the Senate numbered 81. and agree to the same with 

an amendment as follows; Sti^ike out in Uiie 5 of said amendment the 

word "ton" .ami insert in lieu thereof the word "Bve;" and the Senate agree 

°Ainendme'nt numbered 91: That the House recede from Its disagreement 
to the amendment of the Senate numbered 81, and agree to the s.ame -svith 
an amendment as follows: In lieu of the sum named in said amendment m- 
sert "SLISI:" and the Senate agreetothesame. 

Amendment numbered 92; That the House recede li-om its disagreement 
to the amendment of the Senate numbered 92, and agree to the same with 
an amendment as follows: In lieu of the sum named in said amendment in- 
sert "$1,181;" and the Senate agree to the same. - . 

AmenAmeut numbered 93 : That the House recede from its disagreement to 
the amendment of the Senate numbered 93, and agree to the same vilttt an 



1893. 



CONGRESSIONAL RECORD— SENATE. 



2:n7 



DISTRICT APPROPRIATION BILL. 

JhePRESIDENTpro tempore. Is there further morning busi- 
er. TELLER I do not rise to morning business, but 

_ The PREblDENT pro tempore. If there bo no furtlier morn- 
ing business the Chair recognizes the Senator from Colorado 

Mr. ALLISON. Mr. President 

The PRESIDENT pro tempore. If for morning business, the 
Chair recognizes the Senator from Iowa. 

*• Mr. ALLISON. I ask the Senate to proceed to the considera- 
tion of the conference report on the District of Columbia appro- 
priation bill. ' ' 

The PRESIDENT pro tempore. The conference report will bo 
laid before the Senate. 




ference report, but following that I shall ask the Senate to take 
up the McGarrahan bill. 

Mr. Cx\LL. I ask the Senator from Iowa to allow me to have 
a vot« taken upon the Joint resolution which was under discus- 
sion yesterday and the day before. 

Mr. ALLISON. I will state to the Senator from Florida that 
this IS a matter of great importance, and should be dispo.sed of at 
th<3 earliest possible moment. I think it will take very little time 
The PRESIDENT pro tempore. The Chair lays before the Sen- 
ate the report of the committee of conference on the disa"-rofin"- 
votes of the two Houses on the bill (H. R. lOO.'iS) making" apjno- 
priations for the e.Kpenses of the Government of the District of 
Columbia for the fiscal year ending June 30, 1894, and for other 
pui poses. 

Mr. ALLISON. Inasmuch as the report was presented last 
night and is printed in full in thio Record, I suppo.so it is not 
necessary to real it at large. 

The PRESIDENT pro tempore. The reading can be dispensed 
with by unanimous consent. Is there objection? The Chair 
hears none, and the reading will be dispensed with. The ques- 
tion is on concurring in the report. 

Mr. SHERMAN. We can not understand it very well by 
reading it. The Senator from Iowa ought to give an explana- 
tion of the various amendments. 
Mr. PLATT. Tlicre is an agreement? 

Mr. ALLISON. There is an absolute agreement. There are 
a great many rather immaterial amendments; that is to say, the 
Senate conferees have receded on a great many amendments and 
the House conferees liave also done so. On the first amendment, 
which is an .increase of the pay of the inspector of plumbing, the 
Senate conferees have receded. 

Mr. SHERMAN. I do not know that I care to cross-e.xamine 
the Senator from Iowa in regard to the report. 

Mr. ALLISON. If the Senatorhas any special matter in view 
I shall be glad to make an explanation. 

Mr. SHERMAN. I have not, bscause I have not the bill be- 
fore me. 

Mr. ALLISON. I will make some general e.xplanation, how- 
ever. 

As to the streets the amount agreed upon in conference is 
$200,000, instead of $150,000, as proposed by the other House, 
and $300,000, as proposed by ihe Senate. 

As respects sewers, the Senate conferees made a compro:nise 
with the House conferees upon the various provisions relating 
to sewers, securing a fair result, I think, on the whole. 

In regard to the matter of the Washington Aqueduct, which 
is an important amendment in view of the Senate conferees, the 
Senate inserted a provision on page 22 of the bill, providing for 
the commencement of the improvement of the receiving reser- 
voir, and appropriated for that purpose .$75,000. 
Mr. SHERMAN. Where is that receiving reservoir? 
Mr. ALLISON. It is the upper reservoir, just at the bound- 
ary line. The improvi'mentwill double the capacity of the water 
in this city when made. The capacity for water in this city is 
about four days now. When the receiving reservoir is imi)rovcd 
as jiroposed by the engineer officer in charge, the capacity of water 
in this city will hi doubled. 
Mr. HOAR. Is that at the Soldiers' Home? 
Mr. ALLISON. No; it is the large receivicg reservoir at the 
west, on the boundary. The House conferees agreed to that 
provision, inserting $60,000 instead of $75,000, so that work is re- 
tained. 

Mr. SHERMAN. Is there any provision made for the reser- 
voir on the north? 
Mr. ALLISON. None. 
Mr. SHERMAN. None at all? 

Mr. ALLISON None whatever. I think those are the im- 
portant amendments. The remaining amendments are mere dif- 
ferences in matters of detail. 



va 

.it 



as^i^?°'^•^^•'•^■ I«l>ouW like to ask the So,uu.,r ' 

as to the provision about the general system . 
we nave entered on under the (•nmniisM.in 
inat IS one of the most importa 

Mr. ALLISON. The .^ewer \.^ f„. ,.,. 

year, which is a part of the nov, '*** 

undertaken. Wo were obliged ** 

the limit of cost because of the . '^ 

tamed in the bill. So that apprupriulion Z 

sorted a provision for $40,000 for tli.. foi,- . 

copting s :wer. That we were n' ' avudur 

Mr. (iORM.AN. The Uock i :U-uJoi. 

Mr. ALLISON. The Senuto ' ■ 

render the Uock Creek sewer. Thi' '' 

suburban sewers. As the bUl now tu , 

inserted by the Senate the amount is iiil.iV, j 

to recede |)artially uiwn those Hctai and to rec ,„ 

the ivock Crock sewor item. 

Mr. STl^WAUT. I was not In when tho Sonntor )wjjan hl« 
e.\pIanation. What is tho reservoir to which I, • ]- 
Mr. ALLISON. The receiving r.-sorvolr, u aiuea 

with an appropriation of $tiO,(XKj instead of 87.".,i. ,i...v aro 

authorized to make contralto for tho completion of the work If 
they so desire. 

Mr. GORMAN. Coming back to llio qu -.sllon 1 ., 

Senator from Iowa a moment ago about tho main (i\ 
erage. with the provision in tho bill as it now htari.ls ,si.. lUut 
amount enable tho Corami.ssioucis t,> contract for lliat iKirlion of 
tho sewer running from Easbys Point to tho east? 

Mr. ALLISON. With tho" amondmont maJo in tho Si'noto 
which amendment is retained in tho bill by the confer.:: ;liat 
work can be contracted for. It has not yet boon con 
but it can bo contracted for. inasmuch as wo have 1. 1 .j 

limit from $225,000 to $2:50,000. 

Mr. GOKMAN. Then there is a sufllcient amount appropri- 
ated for that work for the next year? 

Mr. ALLISON. There is a sufliciont amount approiiriatod at 
least, if not for the whole of next year, certainly for a gooj [jor- 
ti m of it. Tho Commissioners are authorized to contract for its 
completion. 

Mr. GORMAN. I am very glad that the conferees on tbo part 
of tho Senate have been able to secure that provision, fur I tio- 
lieve the health of this city largelv depends u' 
tion of that work. No matter what cl.so they ! 1 

I consider that a groat work on th / part of the r ... . 

Mr. McMlLL.VN. I should like to ask thoSenator from Iowa 
a question. What was done with tho question of taking care of 
the garbage in the city? 

Mr. ALLISON. The garbage provisions as in»orlod In tho 
Senate amendment are retained, reducing tho .i I- 

ated from $10,000 to $5,000. Tho phraseology ir 

retained, as is also the provision for $3,000 atldit ,,,o 

summer months. 

Mr. Mt:MILLAN. Then I should like to ask another ques- 
tion. What was done with tho control of the bridges in tbla 
District? Is that amendment retained? 
Mr. ALLISON. It is retained. 

Mr. VEST. Will the Senator from Iowa give the rosu't of tho 
con'erence as to the ajipropriations for tho charitablo and edu- 
cational institutions of the District? 

Mr. ALLISON. As tho Senator will remember, th • S -luilo 
inserted a provision whereby 70 per cjnt of the appr. f 

last year should be applied as provided in thf i>il! ' 
rentyear. In conference that was changed ■■ 
per cent is allowed to the difTerent institut i f 

the amoimt is plac d under the control of the i. .:ir.i u; ^u;!! .liiiiis. 
Mr. VEST. In their discretion? 
Mr. ALLISON. In their discretion. 

Mr. VEST. And the discretion still remains with them as to 
any additional amount that they may allow the institutions over 
and above tha GO per cent? 

Mr. ALLISON. Tho board of guardians have control of 40 
per cent; and in their discretion they may dispose of " ' :• 
cent to the various institutions naim/d in tlio bill. • 

inquiry is made, I ask that the report of the confcrc:ii- ;- 

tee be concurred in. 
The report was concurred in. 

PRESIDENTI^VL APPROVALS. 

A message from the President of th' 
L. Pruden, one of his secretaries, a 

dent had on the 27 th instant approved uu. I ?i_iieu i e- ii.j . >. :^- 
acts: 

An act (S..3G02) to grant the Chicago, Rock Island and Pacific 
Railway Company a right of way through tho Indian Territory, 
and for other purposes; and 



2318 



CONGRESSIONAL RECORD— SENATE. 



Maech 1, 



Au act (S. 3873) to authorize the Kansas City, Pittsburg and 
Gulf Railway Company to construct and operate a railroad, tele- 
graph, and telephone line through the Indian Territory, and for 
other purposes. 

The message also announced that the President of the United 
States had on the 2Sth instant approved and signed the follow- 
ing acts: 

An act (S. 3311) to amend an act entitled "An act to grant to 
the Mobile and Dauphin Island Railroad and Harbor Company 
the right to trestle across the shoal water between Cedar Point 
and Dauphin Island," approved September 26, 1890; 

An act (S. 3702) granting to the Chicago, Rock Island and Pa- 
cific Railway Company the use of certain lands at Chickasha 
Stafton, and for a " Y " in the Chickasaw Nation, Indian Terri- 
tory; 

An act (S. 1538) for the relief of the heirs of James S. Ham; 

An act (S. 1539) for the relief of the heirs of John W. Vose; 

An act (S. 3725) authorizing the construction of a free bridge 
across the Arkansas River, connecting Little Rock and Argenta; 

A joint resolution (S. R, 157) authorizing the Secretary of War 
to receive for instruction, at the Military Academy at West 
Point, Alberto Guirola, of Salvador; 

An act (S. 3876) authorizing the St. Louis and Madison Trans- 
fer Company to construct a bridge over the Mississippi River; 

An act (S. 3871) to authorize the construction of abridge across 
the Calumet River; and 

An act (S. 2828) for the relief of L. M. Garret. 

WILLIAM M'GAERAHAN. 

Mr. TELLER. I ask the Senate to take up Senate bill 3741, 
known as the McGarrahan bill. 

The PRESIDENT pro tempore. The Senator from Colorado 
asks the consent of the Senate to proceed to the consideration of 
a bill the title of which will be stated. 

The Secretary. A bill (S. 3741) to submit to the Court of 
Private Land Claims, established by act of Congress approved 
March 3, 1891, the title of William McGarrahan to the Rancho 
Pauoche Grande, in the State of California, and for other pur- 
poses. 

The PRESIDENT pro tempore. Is there objection to the re- 
quest of the Senator from Colorado? 

Mr. MORRILL. I had not supposed that the Senator from 
Colorado would bring this bill again before the Senate. I am 
very sure that it will take much more time than the Senate can 
afford to devote to a private land claim. If it is to be brought 
up I have numerous amendments to propose to the bill which, 
it it be postponed until to-morrow, I shall have printed, so that 
the Senator may see them, but if the bill is to come up to-day, 
I shall be compelled to read my amendments and they will have 
to be taken down at the desk. 

The PRESIDENT pro tenqwrc. Is there objection to the pres- 
ent consideration of tho billy 

l\Ir. MORRILL. I object to its being taken up. 

The PRESIDENT pro Umpore. The Senator from Vermont 
objects. 

Mr. TELLER. Then I move that the Senate proceed to the 
cousidoration of tho bill. 

Mr. MORRILL. On that I ask for the yeas and nays. 

The yeas and nays were ordered. 

Mr. FRYE. Has the bill been read? 

The PRESIDENT pro tempore. It has not; not this bill. 

Mr. FRYE. I seriously objected to the other bill, and I cer- 
tainly would like to know, before tho question of taking it up is 
votL-d on, what the bill is. I ask that it may be read. 

The PRESIDENT pro tempore. The bill will be read. 

Mr. PLATT. I have no objection to the reading of the bill. 
I simply want to say that when a similar motion was made a few 
days ago and I asked if it was in order to have the bill read, I 
was told that it was not in order. 

The PRESIDENT jjro tempore. The bill wUl be read. 

Mr. HOAR. I ask unanimous consent to make a statement. 
The question is not debatable, I know. 

The PRESIDENT jrro tempore. It is not debatable. 

Mr. HOAR. But I hope the Senate will pardon me for say- 
ing a word. 

The PRESIDENT pro tempore. The Senator from Massachu- 
setts will be hoard imless there be objection made. 

Mr. HOAR. Mr. President, tho Senator from Connecticut 
[Mr. Platt] and myself were opposed to the bill which was be- 
fore the Senate some time ago, and which was vetoed by the Pi-esi- 
dent. I speak now only for myself, but I believe the Senator 
from Connecticut would probably concur with me, when I say 
that we should have preferred a somewhat dilferent way of dis- 
posing- of the subject from that which is proposed in this bill; 
buthaving objected to the other bill, I concur in this, which pro- 
poses to submit to the Court of Private Land Claims the ques- 



tion of MoGarrahan's land title, with a right to appeal to the 
Supreme Court of the United States as in other cases, and re- 
quires the reporting to Congress of all the faets if there should 
be any further claim for an appropriation of money. 

I shall not undertake until the bill is up to go into the reasons 
which induced me to say that I think, on the whole, it is under 
the circumstances a reasonable disposition of the question and 
just to the Government. Although I should have a little pre- 
ferred tho other mode of sending it to the Court of Claims under 
the Bowman act, to report all tho facts, I propose to support this 
bill. 

The PRESIDENT pro tempore. The Senator from Maine [Mr. 
Frye] asks for tlie reading of the bill. It will be read. 

The Secretary read the bill as proposed to be amended by the 
Committee on Judiciary, as follows: 

Be it enacted, etc.. That the claim. iiBtitlou, and papers or copies thereof re- 
lating to or touching the grant made Uy Manuel Micheltorena, governor of 
Upper California, to Vicente P. Gomez, in the year 1814, of the Rauoche Pa- 
noche Grande tract of land in the Slate of California, be, and the same are 
hereliy, referred to the Court of Private Land Claims, established by au act 
of Congress ajiproveii March 3, ISai, and said court is hereby vested with the 
powers and Jurisdiction to hear .and determine and adjudicate the validity 
of said grant, and to render final judgment thereon, and in determining the 
same shall tor the purposes of this act liold such sessions as may be neces- 
sary, at the city of Washini?lon, in the District of Columbia, and shall exer- 
cise the powers and jurisdiction that were possessed by the former United 
States district court for ihesoutherndistrictof California, which had powers 
and jurisdiction to hear and detarraino the appeal from the Board of Laud 
Commissioners created under the act of March 3, l»,il, entitled "An act to as- 
certain and settle private land claims in the State of California," and the acta 
amendatory thereof , on the claim of saicl Vicente P, Gomez to the said tract 
of land liuown as the Rancho Pauoche Grande; and that William McGarra- 
han, claiming to have acquired by subseciuent purchase, for a valuable con- 
sideration, the title of said Vicente P. Gomez to said tract of laud, and as 
successors to the rights of said Vicente P. Gomez, may at any time within 
six months from the passage of tliisact, Hie his petition In said court, setting 
up therein the said grant and his said title thereto, and the said court shall 
also have jurisdiction to adjudicate in said proceeding, as to the validity of 
said claim of said McGarrahan in and to said grant; and the said McGarra- 
han or his legal representatives, may prosecute said petition and cause 
against the United stales iu that court; and it shall be the duty of the cus- 
todianof the records and papers In said cause before said Board of Land Com- 
missioners to transmit them lo the clerk of said court immediately upon 
the passage of this act: and such proceedings shall bo had on said petition 
In the said court as might have been had in said district com't between the 
said Vicente P. Gomez and tho United States, irrespective of any subsequent 
proceedings that may have been had in said district court or in any court of 
record of the United .States. 

Sec. S. That upon the trial of questions or issues arising on the hearing ot 
said petition hcrciii provided for the said court shall receive as evidence on 
the part of the ptlitiouer or the United Slates the original expedlente pre- 
sented by the said Gomez to the said Governor Manuel Micheltorena, and 
the diseno or map accompanying same, or a copy thereof, the deposilionsi 
and other evidence produced before said Board of Land Commissioners, or 
copies thereof, and all depositions, proofs, tosllmony, or alTldaviis taken be- 
fore any circuit or district court of tlie tjnited States in the .State ot Cali- 
fornia, or tho clerks of such courts, or any commissioner appointed by said 
courts, or before any notary public, or before any committee of the .Senate 
and House of Repicscnt at ivcs ot the f 'ongress of the United States, or of any 
map or deed of record of any department of the Government ot the United 
.St:iles, or of any act of Congress through which the boundaries set forth In 
said expedlente and the title of said McGarrahan to the said lands can be 
shown protected and establislnnl, or of any oral or written testimony or de- 
position or copies thereof, concerning said" record touching said graiit from 
said Governor Manuel Micheltorena lo s.ald Vicente P. G omez, or any patent 
or record of apaient for any portion of said lands in any of the departments 
of the Government signed by tho President of the United Slates or by his 
private secretary authorized to sign laud patents, or ot any record of a pat- 
ent having the signature of the President of the United Stales thereto, and 
any other m;itter of evidence which in the judgment of the court may tend 
to throw light upon the case. 

Sec. 3. That it said court shall find and adjudge that there was a valid 
grant from said Governor Manuel Micheltorena to said Vicente P. Gomez 
which was protected under and by virtue of the treaty between the said Gov- 
ernment of the United .States and that ot Mexico, commonly known as the 
treaty of Guadalupe Hidalgo, and tho laws of Congress lo give ellect to the 
same, and tho said McGarrahan is now the owner thereof m law or equity, 
the said court shall rep.)rt such linding and judgment to the Secretary of 
the Interior, who shall cause a patent to bo Issued therefor to said William 
McGarrahan, as the successor ot tho said Vicente 1*. Gomez, or his heirs or 
assiijus, for the land embraced within the aforesaid boundaries, and that the 
survey made by the United Stales surveyor-general for the .Slate ot Cali- 
fornia and aijproved by said surveyor-general on the Uth day ot .September, 
18G;. which survey was approved hj tho Secretary of the Interior December 
:.".». ISG3. and is now on llle in the General Land Ofllce, shall be considered as 
torniingiiartof tho lauds embraced within said boundaries: Provided, That 
no lluding or judgmentof said court In favor of said William McGaiTahan 
or his heirsor legal representatives or assigns or patent lo be Issued vmder 
authority of such tlndiugs and judgment shall be held to take from the pres- 
ent holders any portion of said tract of land so described which has been 
heretofore disposed ot by the United States. And it is hereby made the duty 
of the Secretary of the Interior, on receipt of any report made to him by 
said court in favorof said McG:irrahan, lo forthwith ascertain in such man- 
ner as may seem to him the most certain and expeditious what tracts of 
i:ind have been conveyed or disposed of by the Govemmont to other per- 
sons than the said William McGarrahan, .and tor the residue ot said land 
shall issue a patent lo the said William McG<arrahan, as hereinbefore pro- 
vided. 

Sec. 4. Thai, if the said court shall find and adjudge in favor of the said 
William McGarrahan as provided in section 3. the court sh:ill proceed to find 
the value of such portion of land embraced within the boundaries ot the said 
grant as may have been heretotore disijosed of by the United Stales within 
the aforesaid boundaries, less the improvements, if any. made on said Land. 
And if the said court shall find and adjudge that tho said William McGarra- 
han as the assignee of Vicente P. Gomez is or was entitled to the minerals 
or other valuable substances on, in, or under said lauds, the said court shall 
proceed to ascertain the value of such minerals or other valuable substances 
which may have been extracted from said lands by any person, persons, or 
corporations other than the said William McGarrahan, less the costs olmin- 



1893. 



CONGRESSIONAL RECORD— SENATE. 



•i:M9 



mg and extracting the same. And the said court shall report to Conpn-ess 
of the United States the aggregate values of theponionot land and the min- 
erals as aforesaid. 

Sec. 5. That the United States or the said William McGarrahan, If dis- 
missed with llie judgment of the said court, may, within six months, applv 
for and the said court shall, upon the application of either party, gram ah 
appeal to the Supreme Court of the United States; Provided ftirllifr. That 
no patent shall issue to the said McGarrahan imless he shall" first execute 
and deliver to the Secretary of the Interior a deed conveying to the United 
States all his right, title, and interest to the lands which, by the terms of 
the proviso of the third section of this act, are to be excepted from the said 
patent. 

Sec. 6. That the foregoing proceeding may bo begun and prosecuted by 
the said William McGarrahan or his legal representatives, as herein pro- 
vided, notwithstanding any statute heretofore enacted or decision hereto- 
fore made, and according to the very right and justice of the case. The At- 
torney-General, or one of his associates, shall represent the United States 
in any proceedings under this act. 

The PRESIDENT pro tempore. Upon the motion of tho Sen- 
ator from Colorado [Mr. Tell.ee] that tho Senate proceed to the 
consideration of the bill the yea-s and nays have been ordered. 

The Secretary proceeded to call the roll. 

Mr. DIXON (when his name was called). I am paired with 
the Senator from Mississippi [Mr. Walthall], who is detained 
from the Senate by sickness. In his absence I withhold my 
vote. 

Mr. FAULKNER (when his name was called). I am paired 
with the senior Senator from Rhode Island [ISIr. Alduicii]. 

Mr. PETTIGREW (when his name was called). I am paired 
with the Senator from West Virg-inia [Mr. Camden]. I tliink 
if ho were pre^sent ho would vote the same way as I, and there- 
fore I vote ''yea." 

Tlie roll call was concluded. 

Mr. COKE. My colleag-ue [Mr. Mills] is paired with the 
Senator from New Hampshire [Mr. Galungek]. 

Mr. COCKRELL. I am paired with the senior Senator from 
Iowa [Mr. Allison] generally, but on this subject I think it 
makes no difference, and will vole "yea." 

The result was announced — yeas 54, nays 5; as follows: 

YEAS— .54. 

Bate, Dawes, .Tones, Ark. Shoup, 

Berry, Dubois, .Tones. Nev. Squire, 

Brice, Frye, Kyle. StocUbridge, 

Butler, , Gordon, McMillan. Teller, 

Cattery, X Gorman, McPherson, Turpie, 

Call, Qi Hansbrotigh, Manderson, Vance, 

Cameron, "T3 Harris, Mitchell, Vest, 

Carey, C; Hawley, Paddock, Vilas, 

Chandler, — Higglns, Pefler, Voorhees, 



Cockrell, 


gn Hiscock, 
£/} Hoar, 


Pettigrew, 


Warren, 


Coke, 


Piatt, 


Washbui-n 


Cokiuitt, 


Pugh, 


Wolcott. 


Daniel, 


Himton, 


Ransom, 




Davis, 


•*-> Irby, 


Sawyer, 






.Proctor, 


NAYS-5. 




Morrill, 


Sherman, 


Stewart. 


Palmer, 


-O^ 








3 

Dixon, 


NOT VOTING— 29. 




Aldrlch, 


Hale. 


Sanders, 


Allen, 


Jr Dolph, 
, "^ Faulkner, 
'■^- Feltou, 


Lindsay, 


Stanford, 


Alli-;on, 


Mills, 


Walthall, 


Blackbtirn, 


Morgan, 


White, 


Blodgett, 


Galliuger 


Pa^co. 


Wilson. 


Camden, 


George, 


Perkins, 




Casev, 


Gibson, 


Power, 




CuUom, 


Gray, 


Quay, 





So the motion was agreed to; and the Senate, as in Committee 
of the Whole, proceeded to consider the bill (S. 3741) to submit 
to the Court of Private Land Claims, established by an act of 
Congress approved March 3, 1891, the title of William McGar- 
rahan to the Rancho Panoche Grande, in the State of California, 
and for other purposes. 

Mr. TELLER. I ask that the reading of the bill be dispensed 
with, it having just been read, and that the amendments the 
committee have recommended be taken up and considered. 
" Mr. MORRILL. I object to taking up the amendments of the 
committee unless I shall be permitted to oiTor amendments as 
the consideration of the bill proceeds. 

Mr. TELLER. I suggest that we first go through with the 
committee amendments, and if the Senator from Vermont wishes 
to offer amendments to any part of the bill lie can then do so. 

Mr. MORRILL. I prefer to have an opportunity to offer my 
amendments so as to amend, not only the text of the bill, but the 
aiiifindments of the committee. 

The PRESIDENT pro tempore. Tho Chair will state that un- 
der the rules of the Senate it will bo tho privilege of the Sen- 
ator from Vermont to move to amend any committee amendment 
while it is under consideration. 

Mr. TELLER. The Senator can move to amend any part of 
the bill or the committee amendments after we have passed on 
them. 

Mr. MORRILL. Before we proceed to consider tho amend- 
ments of the committee, I wish to state some few of the amend- 
ments I propose to offer. 

In the first place, I shall object to this private land co'jrt. Its 



I undertake 
of 

rv- 
Of 

• iv- 

i.U 
iii:aiij~i tho 

.■■• 1 v.Uhto 

U 
uro 

':iat 

. or 
in- 
.ull 

ISO 

ill 

d a 



i\llnwin<r Hi* Goy- 

.ud 

of 



It Bcems by the 
McGarrabou has 



attorney receives a salary of but 83,500 per annum 

to say that there is not a s<:" ' • ■■ - :•••,■ 

sand dollars is pending, \ 

a lawyer who was able In 

ices than $;},500 per anuum. As an in 

this attorney I will say that within a w 

that a ca-e had l)een decided ii. • 

ing (iO,OOU acres of land of tl. 

attorney was defeated and th. . .i-c wa^ .k-.-m, 

United States. 

As to tho amendments proposed bv tin- icuinii 
say that the difference between tbi 
the difference between tweedledum 
no substantial amendments Di-oporod. i 
the claimant may iutrodueo'all the evi.i 
before pre.sented, whether und. -•' 
mittees of Congress, or auywh 
have tho right to introdur.' ii 
or cost to him; while thr ' 
only have this attorm^y n; 
dollai' to expend for gelt ing rcijult i 

I shaU therefore propo.sj that an i. 
eminent of the Unit«d Stali-.^ i 
to pay for such witnesses as n:a 
$20,000. So far a-s that is con.- . 
ant in this case expects to jiuy oouii 
more than that, and i>robably live 
tingent fees. 

Tliin I shall propose anothcr'amendmont. 
evidence that wo have before us that Mr. 
deeded this property to two corixiiations. 

There is noevideuce to show t lift' •■ ■ — ' — -.vor 

been wound up, or that the parties 1 .)r- 

porations do not now exist, or thai ■ _ :, the 

company would not have a right to Huvh nharo in tbo proceeds 
as may be represented by their stock. 

It is clear that Mr. MoGarrahun. nocoi . voJ 

Simon Stevens, deeded a certain share O: nan 

a contingent fee, and I suppo.so to other ailuiH';, ■ . in • -ani.- uiing 
has possibly been done io ( ). L. Shafter and to I'"r.'doriek Krunck, 
and perhaps to some other parties. 

We shall see by the evidence that this stock was wid.ly dis- 
tributed, and I will read some of tho names of tho.-ie who oi-o 
holders of tho Panocbe Grande Quicksilver Mining Company. 
Mr. Stokes is reported to have had some stock in it: also Mr. 
Dewoes, of North Carolin.s: Mr. Kellogg, of Louisiana: Mr. Wil- 
son, of Iowa; Mr. Blair, of Missouri: Mr. .Stuart, of New York: 
Mr. Forney, of Pennsylvania; Mr. Sawyer, of South Cai-olina; 
Mr. Eldridge, of Wisconsin; Mr. Lincoln, of Now Vork; Mr. Mo- 
Dougal, of California; Mr. Clarki-, of Kansas; Mr. Harris, of 
Louisiana, and then McGill, Paige and Dent, Paschal, und othora. 

It will bo very important to know whether these parlies have 
ever received their st^ck. and whether or not thoy now bold It. 

Mr. WILSON. Mr. I'l'csidcnl; 

The PRESIDENT pro tempore. Does tbo Senator fi-ora Ver- 
mont yield to tho Senator from Iowa? 

Mr. MORRILL. Yes. 

Mr. WILSON. I wish to say here, withoi: 
that whoever makes tho allegation which t' 
in respect to myself either having any li ; 
interest, or ever having any reason to 1 
could be any interest as to me, utters thai v. 
tivelv, without c|iuilification, a falsehood of 1 

Mr. MORRILL. Tho Senator does ihi- 
that I vouch for thc^e statements. I m 
report which has been made heretofore 

Mr.WILSON. I suggest to tho Se 
and making these suggestions is not a v 

Mr. MORRILL. Mr. President, I thi 
known — I do not think that my friend fr 
lar of the stock, and 1 stated when ' "'■ 
I thought it doubtful whether an 
time it the facts exist that these c -i 
lished and the slock was distributcil, llr 

is siiown by the correspondence that *:' ' ' 

posed to.be sold and distributed, ai ' 

It is not my purpose, however, t" 
or to occupy much time of th^ ^ 
the bill is that it proposes to n 
may exist on this subject. It; 
cisions of the Supreme Coui-t on ii 
that the court may take into con.'-i^ 
Mining Company have taken out in rli. 
that tho United". States shall ))3y to Mi 
amount thoy have realized, less thocosi-i | , .«ii.. .i.'^i, mm . 
last thirty years. I shall propose to strike out that provision 



in, 
ad 

ii-r 
or 



.i. 



2320 



CONGRESSIONAL RECORD— SENATE. 



Maech 1, 



Mr. President, this bill has been very thoroughly handled by 
the parlies in interest and those who expect to receive large 
compensation for past services if the decision shall be ultimately 
in favor of Mr. McGarrahan. My own impression is that Gomez 
never had any title whatevertotheland, and that the mapwhich 
is offered here in evidence is one which was made by the claim- 
ant or other parties and was never presented to the Mexican 
governor of California. 

I shall not, however, take the time to go through the several 
amendments which I have here noted, but shall seek some proper 
occasion whenever the question may come up to offer them. 

Mr. FELTON. Mr. President. I did nut hear my name when 
the roll was called, or I should have voted with pleasure for the 
taking up of this bill. 

I have known more or less of this question for forty years. I 
know the public opinion in regard to it upon the Pacific coast, 
and I believe that public opinion there wrong— had really no 
knowledge, and hence had no good reason for its foundation — pos- 
sibly formed from what has been said and disseminated through 
the newspapers in the last few years. They may have been mis- 
informed as to the facts. I have taken a great deal of pains to 
look into this matter during this Congress, and I have no ques- 
tion in my own mind but that there are great equities due the 
gentleman for whom this bill has been introduced. I did not 
vote for the foi'mer bill in his behalf, because I thought it went 
too far; but I should like to have the privilege of voting for this 
bill when amended, and I shall do so with great pleasure, be- 
lieving that I am simply doing but justice to an honest man, and 
one who has to a great extent suffered a wrong. 

Mr. STEWART. Mr. President, this bill, as I understand it, 
is equivalent to the confirmation of McGarrahan's title. It pro- 
vides for the introduction in evidence on the part of the claim- 
ant of all the ex parte affidavits which have b?en collected for the 
last forty years, and makes them evidence. 

It assumes that there is an original grant, and provides that 
that grant may be put in evidence. It also provides that copies 
of all these documents may be put in evidence, thereby faking 
away from the court all power to judge of their genuineness. It 
also provides for confirming a survey which has been repeatedly 
held by the courts to be fraudulent, a survey extending some 20 
miles, if I recollect correctly, or as far as the original claim will 
go. 

The Senate ought to understand what they are doing in this 
matter. There were a great many large claims in California 
when we acquired that country, but they were generally in an 
inchoate state; they had not gone through all the forms which 
were required to make a perfect title as a general thing. They 
had been initiated: they had equities, and they covered vast 
tracts of land, some of them 300,000 or 400,000 acres; but the 
great majority were limited to about 48,000 acres under a later 
law of the Mexican Government. 

It took nearly forty years to settle these claims. In the mean- 
time great confusion existed in California. There were riots 
and bloodshed and litigation during" all that period. The final 
result was to patent about 8,000 acres of this land. The difficul- 
ties concerning land there have cost an immense amojnt of 
money and time and kept back the settlement of the country. 
A large number of claims were rejected, but some of them un- 
doubtedly had validity. A large number of claims have been 
confirmed, the titles to which have since been ascertained to be 
defective. 

Since the titles were settled the country has become thickly 
populated and for many years property has been changing hands 
in California on the strength of the settlement. To open any 
one of these cases for a rehearing would be the op:'ning of a 
Pandora's box by the establishing of such a precedent. Con- 
gress has for many years set its face against opening any one of 
these claims. There were hundreds of them here, which the 
courts had decided adversely, asking for a rehearing. They 
were examined from year to year by the Committee on Private 
Land Claims, and finally Congress set its face against them all. 

This claim was of a very doubtful order. When it came up for 
confirmation in the district court, the district attorney, having 
one-half interest in the claim, made no opposition to the con- 
firmation. An order for a decree was entered, but the decree 
was not entered. After five years from the entering of the final 
decree, the law makes it the duty of the Secretary of the Interior 
to issue a patent. An application after the lapse of five years 
from the order for a decree was made for a patent, and the pat- 
ent was made out. The Attorney-General then took an appeal 
to the Supreme Court of the United States. A very spirited 
contest was made there on the part of the claimant against this 
decree, but the Supreme Court decided adversely to him on the 
ground that the time had elapsed. 

The Court, after having considered the whole case, held that 
the time for appealing commenced to run from the entry of the 
decree, and not from the order providing for the entry. They 



held that parties could not know exactly what the decree would 
be until it was entered, and that the lawmade the time ran from 
theentry of the final decree. The court entertained jurisd k-tion, 
and elaborately reviewed the case. Tliej' held that the whole 
proceedings were fraudulent. It is a very severe opinion upon 
the whole case. Eft'orts were made in the'court to show that the 
patent made out a final title, but the court held otherwise. Much 
collateral litigation grew up, and the subject has been before 
committees of Congress and reported in various ways for the last 
thirty years. 

In view of the fact that many good men have come to believe 
that Mr. McGarrahan was an injured man, and on account of the 
favorable things which have been done and said in his behalf 
by good and honest men. I have said to him and to his friends 
that I was willing to make an exception in this case and allow 
him to have a hearing dc novo upon the whole question before 
any court of competent jurisdiction in the United Stttes, and I 
care not v.hat court that may be. I will do for him what Con- 
gress has refused to do for any other claimant after the court 
had finally set a case aside, allow the case to be reopened and 
the court to have original jurisdiction of the entire matter; but 
I can not, in view of the history of this case, as I understand it, 
legislate to make that evidence which is notevidence at all, and 
can not under any circumstances be evidence. 

I am not willing to pass any law which assumes that there was 
a gi-ant. I am not willing to confirm a disputed survey: but I 
am willing, if the bill can be so changed as to strjp it of all the 
mandatory provisions which tell the court how it shall act upon 
the equities of this man, if the bill can be put in that condition, 
and if he has been an injured man, 1 am willing he shall have 
another day in court, but I do not wish to exclude the United 
States from its day in court also. 

The second section provides: 

That upon tlie triil of questions or Issues arising on the hearing of said 
peUtion herein provided for the said court shall receive as evidence on the 
p.irt of tile petitioner or the United States the oriffinal espediente presenteJ 
by the said Gomez to the said Governor Manuel Micheliorena — 

The bill then goes on and enumerates all the matter which 
shall be received in evidence or copies thereof. 

I am willing that Mr. McGarrahan shall present these mat- 
ters to the court, but I want it to be so qualified that the court 
shall judge of their validity and their relevancy. I do not want 
to preclude the court in that waj-. 

As to the survey, I wish to allow that to be adjudged of by the 
court also. Let a new survey bo made, and then let the court 
pass upon it. Let us jnit around the bill the safeguards which I 
think this bill does not furnish. 

Mr. HOAU. Will the Senator draw such an amendment as he 
suggests and propose itV 

Mr. STEWART. I should do so it I had time. I might draw 
an amendment which I think would cover the difficulty I sug- 
gest. 

But this bill does much more than is ordinarily done in giving 
an applicant a rehearing, because it provides that there shall be 
an accounting with the United States, and no one knows theex- 
tent of the obligation which that may involve. 

It may be ten oi' fifteen million dollars of money to cover the 
amount which has been taken out of the land in dispute, taken 
out of land which is held to be public land and been patented to 
other parties. It is on mountain tops; it is not valley land, and 
it is not pasture land, which the original grant contemplated. 
It has been contended, and it has been so held by the courts, 
that the survey which was made was an ex parte survey, and is 
far distant from the lorus, from the point where the grant is 
supposed to have been made. 

Certainly the survey and certainly the whole case should be 
opened it it is to bo partly opened. Congress should not tie the 
hands of the court so that equal justice may not be meted out to 
the United States and this claimant. If this exception is made 
and the door is opened for this man, we shall have other appli- 
cants here. It will bo the beginning of a very bad precedent; 
but if it is to be done, let it be done so that there shall te fair 
play on all sides. 

I agree with the Senator from Vermont [Mr. Morrill] that 
in order to meet the counsel who will be employed on the other 
side, where there are millions at stake and where there will be 
required expert counsel familiar with these laws who will have 
to master this case and master the Spanish law, which will take 
a year or so of labor, and besides sending for witnesses, procur- 
ing depositions, etc., if the United States is to be protected, 
$20,000 would be a very small sum in a contest like this. In 
great contests like this the costs are much more than in ordi- 
nary cases. Here are many millions involved; we do not know 
how many, and consequently I say let it be open to the United 
States and to the claimant equally and let no evidence be in- 
dorsed by Congress which the court may not accept as valid. 

I am perfectly willing that the usual provisions sha 1 l:e made 



I 



1893. 



COXGRESSIOXAL RECORD— 8EXATE. 



^321 



conceruing persons who ai-e dead or persons who can not be 
reached and who have made depositions; that their depositions 
shall be used the same as if they were personally present. I am 
willing to make all such provisions as those; but the bill is not 
drawn on that theory. It is drawn on the theory of making 
everything evidence. Under those circumstances I can not voto 
for it, although I should like to accommodate the gentlemen who 
take a deep interest in the passage of this bill. I think, how- 
ever, it is not so guarded that it is safe to pass it in the shape it 
now stands. 

Mr. PALMER. Mr. President, the Senator from California 
[Mr. Felton] remarked a few minutes ago that this claimant, 
the person intended to be benefited by the bill, is an honest man. 
It wc are to judge from the extent of this legislation, he must be 
more honest than the gi-eat mass of his fellow-citizens, because 
much moie is done for him than has ever been done or attempted 
to be done for any other citizen of the United States to the ex- 
tent of my knowledge. 

I know nothing of the original merits of this controversy, I 
have listened with great interest to the discussions and I 'have 
endeavored to keep the current of facts within my memory. 
This seems to be a claim which has been repudiated by the courts, 
a claim which has been adjudged to bo valueless and baseless. ' 

The PRESIDENT pro tempore. The hour of 1 o'clock having 
arrived, it is the duty of the Chair to lay b:;foro the'Senato the 
first special order, there being no unfinished business. It will 
be reported by its title. 

The Chief Clerk. A bill (S. 2870) to ratify and confirm an 
agreement with the Cherokee Nation of Indians, of the Indian 
Territory, to make appropriation for carrying out the same, and 
for other purposes. 

Mr. TELLER. Is that the regular order? 

The PRESIDENT pro tempore. It is the regular order, being 
the first special order. 

Mr. PLATT. That bill has passed the Senate. I do notknow 
why it is retained upon the Calendar. 

The PRESIDENT pro tempore. It appears to be the first spe- 
cial order on the Calendar. 

Mr. PLATT. It has passed the Senate. 

HUDSON RIVER BRIDGE. 

Mr. HILL. In pursuance of the notice which I gave lasteven- 
ing. I move to take up the New York and New Jersey bridge 
bill. 

The PRESIDENT pro tempore. The Senator from New York 
moves that the Senate proceed to the consideration of a bill the 
title of which will be reported. 

The Chief Clerk. "A bill (S. 2626) to authorize the Now 
York and New Jersey Bridge Companies to construct and main- 
tain a bridge across the Hudson River between New York city 
and the State of New Jersey. 

Mr. TELLER. I suppose if that bill is taken up it will dis- 
place the present business. 

ThoPRESIDENTpco tempore. It will. 

Mr. HOAR. I should like to make one observation for the 
consideration of the Senate and of the Senator from Illinois [Mr. 
Palmer!. 

The bill which has just been under discussion has been reported 
from the Committee on the .Judiciary, and the Senators who are 
opposed to it, one after another, have taken the floor to express 
their objections. I suggest that, perhaps, it would be more 
agreeable to them, more agreeable to the Senate, and more in 
the ordinary way of procedure if the reasons which have induced 
the committee to report the bill might in some way first be stated 
in the debate. I do not wi.?h to thrust myself forward unneces- 
sarily, but I should rather like to have that opportunity given 
to some member of the committee. 

Mr. PALMER. I have no desire to control the order of this 
discussion. 

The PRESIDENT pro tempore. The Chair feels that it is his 
duty to call attention to the fact that motions to proceed to a 
special order of business are not debatable. The Chair does so 
for the reason that the time of the Senate for the transaction of 
business is exceedingly short. 

Mr. HOAR. I was not speaking on that question, but of the 
course of debate on the McGarrahan bill. 

The PRESIDE'ST pro tempore. On the motion which has l-.een 
made by the Senator from New York [Mr. Hill] that the Sen- 
ate proceed to the consideration of the bill to which he has re- 
ferred debate can only proceed by unanimous consent. 

Mr. TELLER. I rise to an inquiry, fs it in order for the 
Senator from New York to make his motion now, pending the 
consideration of the bill which was taken up by a vote of the 
Senate? 

The PRESIDENT pro tempore. The bill referred to by the 
Senator from Colorado ceased to be the pending business when 



ng to tho pay aad ra- 



the hour of 1 o'clock arrived. The pondin? business is tho first 
special order on the Calendar. 

^^i!" ?,■^^'^.^ ■''• ^'"i" ' "-orrect a statement which I just made? 

The PRESIDENT pro tempore. Tho Chair will hear the Sen- 
ator, if there bo no obie'^tif>n. 

Mr. PLATT. The lii 
let bill, I said the bill 1 
exactly accurate. A 11... i- u;i. 
was substituted as an amondineni 

bill, which is the special order, h;i .. , 

as well be indefinitely postponed, it can turnUh no busin. -- ''■> 
tho Senate. 

The PRESIDENT pro (cm/)on'. Tho bill tow), iior 

from Connecticut refers will bj reported by iis • 

The Chief Clerk, a bill |.s. 2-<7ii) to i". • , 

agreement with the Chorokcr Nation of I 
Territory, to make appropriation for carry 1,,^ ,.,.i i,,, -..,,. uuii 
for other purposes. 

The PRESIDENT pro t«»ipoiv. Tho bill uill I... ii.,!..'- ,;',.lv 
postponed, as suggested by tho Senator from ' 
be no objection. The Chair li-'urs none, u:. 

The next special order will be r.-prirtcd. 

The Chief Clerk. A bill (S. Hi->) relating 
tirement of the mates in tho Navy. 

The PRESIDENT pro (,i,i,,ore.' ThU bill being t! 
business, the Senator from New York[.Mr. HiLLlraov . :...j 

Senate proceed to the consideration of what is known as the Now 
York and New Jersey bridge bill. 

Mr. TELLER. I ask i)ermi.ssion to requoHt tho S<' 
Now York to give us a lew minutes. I Ixjliev.- wc i-. 
McGarrahan bill in afew minutes. 

Mr. HILL. How much time does tho .Senator desire? 

Mr. TELLER. 1 do not know; I really can not tell, but I 
should think not a groat deal. 

Mr. HILL. I can not yield indefinitely. Tho Sanutor and I 
had a conversation in regard to that bill, and tho SenaUjr know 
that at I o'clock he would have to gfivo wav. 

Mr. TELLER. I suppose then if tl;. 

Mr. HILL. The -Senator knows I il. ■ .; to anto^fonizo 

his bill, but of course the two billscau i...; .,. . ...,»idered ut onco. 
I have made my motion. 

The PRESIDENT pro tempore. The question is on tl.- i!i..t;..ii 
of the Senator from New York to proceed to the cor 
of the bill indicated by him. Is tho Senate ready fi,: 
tion? 

Mr. WOLCOTT. 1 call for the yeas and nays. 

The yeas and nays wei-e ordered; and the Secretary proti-.nu i 
to call the roll. 

Mr. CAMERON (when his name was called). I am [uiircd 
with the Senator from South Carolina [Mr. BL'TLERJ. 

Mr. FAULKNER (when his name wascalled). Intn ra;~>'l with 
the senior Senator from Rhode Island [Mr. .\M)i 
authority for the statement that tho Smator fn. 
S.VXDERSJ is in favor of taking up this bill. I ■ 
for my pair with the Senator from Khod.' Klan.. 
to the Senator from Montana [Mr. S.vniieks). a. 

Mr. FELTON (wh.-n his name was called . I nth 

the junior Senator from Ohio [Mr. Urick] on Ih 

Mr. HARRIS (when his name was called), 
tion I agreed to pair with the .Senator from Po: 
Quay], who is detained from tho Senate byillno.-i^, i iin.i. i ••,,inil. 
I should vote "yea'' if I were not paired. 

Mr. IRUY (when his name was called). I am paired with tho 
Senator from Wyoming [.Mr. C.\REYj. If ho wore prencnt I 
should vote "yea." 

Mr. KYLE (when his name was called). lam 'h tho 

Senator from California [.Mr. StaxkordI on thi- 

Mr. RANSOM (when his name was called). i 

this question with tho senior S nator from .Mii 

Mr. W.MIREN (when his name •■•■ -r'' 1'. 1 ..i,, ,.,,,,. ., „,;ii 
the Senator from (;corgia [Mr. t. 

Mr. WILSON (when his nam.- ■,. ; , I am jiaircd with 

the Senator from Georgia [.Mr. Conjunn'j. Not knowing how 
he would vote, I withhold my vot;. 

The roll call was concluded. 

Mr. WHITE (aft.'r having voted in tho afBrmalive). I with- 
draw my vote. I am paired with tho Senator from Dclawaro 
[.Mr. Hir.(;iN.s]. 

Mr. COKE. I am paired with tho Sennt.u- from D. ^nw.ire 
[.Mr. HiGOiNs]. I should vote -'yea'' and \ 
I desire to state that ray colleague [Mr. -N; 
the Senator from Now Hampshire [Mr. Gallinour]. 

Mr. DI.XOX. I am paired with tho Senator from MtsKtssippl 
[Mr. Walthall]. 

Mr. CULLOM. I inquire if tho Senator from Delaware [Mr. 
Gray] has voted? 



XXIV 



-liC 



2322 



CONGRESSIONAL RECOllD— SENATE. 



Maech 1, 



Tlie PRESIDENT pro tempore. He is not recorded. 

Nv. CULLOM. I am paired with that Senator, and therefore 
withhold my vote. 

Mr. GALLINGER (after having voted in the negative). I 
have a genei-al i^iair with the Senator from Texas [Mr. IMlLLS]. 
I understand he has not voted on this question. 

The PRESIDENT pro tempore. The Senator from Texas [Mr. 
Mills] is not recorded. 

Mr. GALLINGER. I withdraw my vote. 

The PRESIDENTproiejnporc. The Senator from New Hamp- 
shire withdraws his vote. 

Mr. PERKINS (after having voted in the affirmative). Has 
the Senator from New Hampshii-e [Mr. Ch.'vndler] voted? 

The PRESIDENT pi'o tempore. He is not i-ecorded. 

Mr. PERKINS. I desire to withdraw my vote, then. I am 
paired with the Senator from New Hampshire [Mr. Chandler] 
upon that vote. 

Mr. DUBOIS (after voting in the negative). Has the Senator 
from West Virginia [Mr. Camden] voted? 

The PRESIDENT pro tempore. He is not recorded. 

Mr. DUBOIS. I withdraw my vote. I agreed to pair with 
the Senator from West Virgmia [Mr. Camden] on this vote. 

Mr. WHITE. I announced my pair with the Senator from 
Delaware [Mr. HiGGlNS]. I will transfer that pair to the Sena- 
tor from Florida [Mr. Pasco], who is absent, and vote " yea." 

Mr. PR YE. The Senator from Florida [Mr. Pasco] is paired 
with the Senator from Washington [Mr. Allen]. 

Mr. BLACKBURN. Has that pair been announced? 

Mr. PR YE. It has not been announced, but I know the fact. 

Mr. WHITE. I withdraw my vote. 

The PRESIDENT pro tempore. The vote is withdrawn. 

Mr. GEORGE. I have a general pair with the Senator from 
Oregon [Mr. Dolph]. I make that announcement for the day. 

Tlie I'esult was announced — yeas 20, nays 24; as follows: 
yeas-20. 



Berry. 




Daniel, 


Lindsay, 


Turple, 


Blackbarn, 


Faulkner, 


Palmer, 


Vance, 


Blodgett. 




Gibson, 


Petti(.'rew, 


Vest, 


Butler, 


X 


Hausbrough, 


Power, 


Vilas, 


Caffery, 


03 


Hill, 


Pugli, 


Voorhees. 


Call, 


"O 


Hunton, 


.Squire, 




Coclu-ell, 


£= 


Jones, Ark. 


Stew.-irt, 
NAYS— 21. 




AUisou, 


V 


Eiscock, 


Mitchell, 


Sawyer, 


Cameron 


03 


Hoar, 


Morrill, 


Shoup. 


Davis, 


CO 


Jones. Nev. 


Paddock, 


Stockbridge 


Dawes, 




McMillan, 


Peffer, 


Teller. 


Prye, 


"5 

03 


McPherson. 


Piatt, 


Washburn, 


Hawley, 


Manderson, 


Proctor, 


Wolcott. 






NOT VOTING-38. 




Aiaricli, 


CuUom, 


Hale, 


Ransom, 


Allen, 


Dixon, 


Harris, 


Sanders. 


Bate, 


Dolph. 


Higgins, 


Sherman, 


Brice. 


t_ 


Dubois, 


Irby, 


Stanford, 


Camden, 


o 


Felton, 


Kyle. 


Walthall, 


Carey, 


Li_ 


Gallingar. 


Mills. 


Warren, 


Casey, 




George, 


Morgan, 


White, 


Chaiuiler 




Gordon, 


Pas<-o, 


Wil.son. 


Coke, 




Gorman, 


Perkins, 




Colquitt, 




Gray, 


Quay, 





So the motion was agreed to. 

The PRESIDENT pro tempore. The bill (S. 2626) to authorize 
the New York and New .Jersey Bridge Companies to construct 
and maintain a Ijiridgo across "the Hudson River between New 
York City and the State of New Jersey is before the Senate as 
in Committee of the Whole and will be read. 

Iilr. TELLER. I give notico that to-morrow morning, in the 
morning hour after the routine business, I shall again call up 
the ■NlcGarrahan bill. 

Mr. CULLOM. I aslv tliat the bill just taken uji be tempoi-ar- 
ily laid aside and that the Post-Oiiice appropriation bill be pro- 
ceeded with. 

The PRESIDENT pro tempore. The Senator from Illinois 
asks the unanimous consent of tlic Senate that the pending meas- 
ure be temporarily laid aside and that the Senate proceed to the 
consideration of the bill (H. R. lOlU!)) making appropriations for 
the J er vice of the Post-Offics Department for the fiscal year ending 
June 30, 1894. Is there objection? The Cliair hears none. 

message FROM THE HOUSE. 

A message from the House of Repi'esentatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House had dis- 
agreed to the amendments of the S-^nate to the bill (H. R. 10421) 
making appropriations for the Department of Agriculture for 
fiscal year ending June 30, 1894: asked a conference with the 
Senate on the disagreeing votes of the two Houses thereon, and had 
appointed Mr. H.vtch. Mr. Form.^n, and Mr. Funston managers 
at the conference on the part of the House. 

ENROLLED BILL SIGNED. 

Tlie message also announced that the Speaker of the House 
had signed the enrolled bill (S. 1307) to provide a permanent 



system of highways in that part of the District of Columbia ly- 
ing outside of cities, and it was thereupon signed by the Presi- 
dent pro tempore. 

MEMORIAL ADDRESSES ON THE LATE REPRESENTATIVE CHAIG. 

Mr. CAMERON. I desire to announce that to-morrow just 
before the close of the afternoon session I shall ask the Senate 
to consider resolutions relative to the deatli of my colleague in 
the House of Representatives, Hon. Alexander K. Craig. 

SENATOR FROM IDAHO. 

Mr. TELLER. I desire to call up a privileged matter. Some 
time since there was some controversy as totheseatof the junior 
Senator [Mr. Dubois]. When the resolution was adopted de- 
claring' him entitled to retain his seat thei'e was a motion madv 
to reconsider. I desire to call uj) the motion to reconsider a 
well as the motion to reconsider the vote by which Mr. Claget: 
was declar;d'not entitled to a seat in this body and have them 
both disposed of. I understand there is no desire to debate it. 

The PRESIDING OFFICER (Mr. Harris in thechair). The 
Secretary will read the resolutions. 

The Secretary read the resolutions agreed to March 2, 1892, as 
follows: 

' llesolved. That Fred T. Dubois is entitled to retain the seat ho now hold,- 
as .Senator I'rom the Stale of Idaho for the full term commencing March 
4, 1891, 

Jtesolved. That William H. Clagett is not entitled to be admitted to a seat 
in the Senate from the State of Idaho for the term commencing March 4, 
a. D. 1801. 

Mr. GORMAN. The Senator from Alabama [Mr. Morgan], 
who has left the country on a public mission, brought mj- atten- 
tion specially to the case before he left, ho having made the mo- 
tion to reconsider. After an examination, while I understand hi 
did not change his opinion as to the law, under the circumstancc- 
and in view of the vote of the Senate, which was very pronounced 
in the matter, he authorized me to say that whatever action shall 
be taken will be agreeable to him. I feel that I am perfectly au- 
thorized to .say there is no objection to the suggestion now made 
by the Senator from Colorado. 

The PRESIDING OFFICER. The question is on the motion 
to reconsider the votes by which the resolutions were agreed to. 

The motion to reconsidei' was not agreed to. 

Mr. TELLER. The record will show that the Senate re 
jected the motion to reconsider both resolutions. 

The PRESIDING OFFICER. The record will so show. 

agricultural APPROPRIATION BILL. 

IMr. CULLOM. The agricultural appropriation bill has just 
come from the other House. I ask that it be laid before tli<- 
Senate. 

The PRESIDING OFFICER laid before the Senate the action 
of the House of Uepresentatives disagreeing to the amendments 
of the Senate tj the bill (H. R. 10421) making appropriations for 
the Department of Agriculture for the fiscal year ending Juno 
30, 1.S94, and asking a conference with the Senate on the disa- 
greeing votes of the two Housas thereon. 

Mr. CULLOM. I move that the Senate insist upon its amend- 
ments and agree to the conference asked by the House of Rep- 
resentatives. 

The motion was agreed to. 

By unanimous consent, the Presiding Officer was authorized 
to appoint the conferees on the part of the Senate, and Mr. AL- 
LISON, Mr. CULLO.M, and Mr. C.-vll were appointed. 

POST-OFFICE APPROPRIATION DILL. 
Mr. CULLOM. Now I ask that the Post-Office appropriation 

bill be proceeded with. 

Tlie Senate, as in Committee of the Whole, proceeded to con- 
sider the bill (H. R. 10349) making appropriations for the serv- 
ice of the Post-Office Department for the fiscal year ending Jum ■ 
30, 18')4, which had been reported from the Committee on Aj)- 
propriations with amendments. 

Mr. CULLOM. I ask that the formal reading of the bill 1 > 
di.spensed with, and that the amendments of the committee be 
acted upon as they are r.;aohod. 

The PRESIDENT pro tempore. The Senator from Illinois 
asks that the formal reading of the bill be dispensed with and 
that the bill be read for action upon the amendments of the com- 
mittee in their order. Is there objection? The Chair hears 
none. The reading of the bill will proceed. 

The Chief Clerk proceeded to read the bill. The firstamend- 
mentof the Committee on Appropriations was, under the headiii_ 
of "Office of the First Assistant Postmaster-General,'" on pag^ 
2, line 5, after the word dollars to add: 

And of this sum not exceeding .STo.OOO may be expended tor the rental I'l 
cancelling machines. 

So as to read: 

For compensation to clerks in nost-oEfices, $8,860,000, and of this sum not 
exceeding sr5,000may be expended for the rental of caucelllug machines. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



The Chief Clerk read as follows : 



'2M)i) 



Hon. 



Telegram. 
Eugene Hale: DErART.ME.sT ok Jcstice. 

askea foVfnr'"TerrUori';r/^n''P ?KeT<'.?'»«'>S the deflciencie.s n.c.kMl. the amount 
asKca lor tor leiritonal courts, Utah ' was mistakenly made $1C 000 

By reference to, my letter to the President of the Seuatri'ebruaTv 'll last we 
asked for $3o,000 m tins matter. That is tho correct amount des7rc.? ' 

W. U. n. MILLER, 

Attorney-General. 

Tho PRESIDING OFFICER. The question is on agreeing to the 
amcndnient of the Senator from Maine. 

The amendment was ayreed to. 

Mr. HALE. On page 52, after line 11, I move to insert : 

To pay for .a clerk for the conference of the minority of the Senate, which is 
hereby authorized to commence March 4, 1893, $2,2-10. ""■>.u i.i 

The amendment was a^eed to. 

Mr. HALE. On page 48, after line 25, I move to insert: 

For 1S76, .$41. I'or 1872, $42 50. 

For 1875, $709. For 1871, $14.50. 

For 1873, $40. For 1870, $-12.50. 

Mr. COCKRELL. What items are those? 

Mr. HALE. Those are the estimates sent in 
ment to wind up the old deficiencies. 

Mr. COCKRELL. For what purpose; for what olliccs? 

Mr. HALE. For tho Department of Justice. 

Mr. COCKRELL. In his own office? 

Mr. HALE. In the office of the Attorney-General. 

Mr. COCKRELL. That office must be mighty sleepy to bo resur- 
recting an account over 22 years old. 

Mr. HALE. I think the Senator, from his experience on tho oom- 
mittce, will recall the fact that sneh old accounts are sometimes 
years behind in coming in, and this is tho linal clearing up. The 
amounts are very small. The items do not auiount to inorij than 
$300 or $400 in all. 

Mr. COCKRELL. Any Attorney-General who dees imt have them 
paid for so long onght to pay them out of his own pocket. 

Mr. HALE. The present Attorney-General is not responsible for 
it. They are away back of his tiiue. 

The amendment was agreed to. 

Mr. HALE. On page 17, after line 14, I move to insert: 
To enable the Secretary of tho Treasury to )>ay AVilliaiu A. Kichnrdson, when 
tho work shall have been completed, for preparing and editing a Supplement to 
the Kevised Statutes, under the act approved February 27, 1893, $2,000. 



from tlio Depart- 



That is in accordauee with tho law just 



Mr. COCKRELL. 
passed authorizing it 
Mr. HALE. Yes. 
The amendment vras agreed to. 
Mr. HALE. I move on page 21, after lino 2, to insert: 

To enable the coroner of the District of Columbia to employ an assistant for the 
current year and throuj^h the next fiscal year. $600. 

The amendment was agreed to. 

Mr. HALE. On page 58, in line 9, after the word "seventy-six," 
I move to insert the words : 
Except for judgment in favor of John J. Allen named therein. 

I have received a note from tho Attorney-General saying that on 
investigation this account ought not to be included. 

Mr. COCKRELL. Let the amendment be read in connection with 
the paragraph. 

The Chief Clerk read as follows : 

JUDGMENTS, U.S'ITED STATES COURTS. 

For pajTuent of the final judgments and decrees, including costs of suits which 
have been rendered und-'r the provisions of the act of March 3. 1887. entited "An 
act to provide for the bringing of suits against tho Coverninent of tho United 
States, certitied to Congress at its present session by tho Attornev-General in 
Houso Ex. Doc. No. 170, except for judgment in favor of John J. .'illen, named 
therein, $7,344.09. 

Mr. HALE. The Attoruej^-Gencral, in a letter, states that this is 
a case where an appeal ought to be entered so that the Government 
may be protected. 

Mr. COCKRELL. That is right; but ought not the usual clause 
to go in that no payment shall be made until the time for an appeal 
has elapsed? 

Mr. HALE. There is a general provision at the end of tho clau-se. 

Mr. COCKRELL. There is no such provision for tliis particular 
clause. This applies to judgments of the United States courts, and 
I tliink the clause ought to bo inserted hero as well as at otlicr 
places. We put it in under the head of "Court of Claims," but wo 
have not put it to apply to these judgments of tho United States 
courts. 

Mr. HALE. I have no objection to that clause going in. If the 
Senator moves that amendment I have no objection to it. 

Mr. COCKRELL. I will move it. Let tho clerks state the usual 
form. 

Tlie PRESIDING OFFICER. The amendment of the Senator from 
Maine will be considered as agreed to, if there be no objection. 

It is agreed to. 

The Chief Clerk will report the amendment of the Senator from 
Missouri. 



miido '' 



On i>ago 53, lino 13, after the worU 

nla prarlded for (hall Iw puud OBIil 



Li>, :u u^).,«i K^iUt^f itwoi ite 



cvluli^orable a|ipro- 



inuvc to iiukcrt (bo 



It is only throe han- 



Tho Chief Clerk 
insertthofollowiiii- 

Proeided. That no; ..fn., i, 

the right of appeal ,b, 'a 

The amendment wa.i agn-ed to. 

..?''^' "r^^";.- ^ ^'''l ""* «"1>^'-1< t" "10 amendment on nacv i'. ii 
now The .Senator from Mis- ■■ \ WTJ i- not hewrfbrj 

all the amendiiients from til. 

Mr. McMILLAX. On pa;^. . , 

To carry out tlie provifti.ms of an act . 
syatcm of highwaya in that part of the 1 ■ 
'uy, $5.HO0, or 8o nun ll ihin-.if lu may Iw U' 
l-cveunes of the lU^trii t of Culiuiihla. ■ 

The amendment was agreed to 

wi^-ti^lJ'j^i^,;;:!;:;^:!'?"'"""'^""'"'"'"^"''"^"'"'^ 

Mr. McMillan, ies.slr. On page 21, after tJie ameudiurnt al- 
ready agree.l to, after lino 7, I move to inirt: "»"">« u 

For ojK'ninp, '.■ --' , . , 

the proviKioDH . '' 

the District of i " 

thereof a.< may i., ,-.,,,, .„,, ,„ ,,„ ,„,.,,, ,,, , *> 

same to be refunded by the piijiuFnt of u»r>.iuciii* t. 
sions ol said act. 

Mr. COCKREM,. Wo have already made 
priation lor tli.it object, liave we niitf 

Mr. .Mc>nU,AN. Tlie (.'onuiii-'sionent claim that •" 
necessary to perfect the law providing forthuiu'nib 
comes directly into tho Treasury. 

Mr. COCKRELL. I know. " 

The aiueiiiliueiit wag agreed to. 

Mr. CHANDLER. On page 77, niier i i, I 

loUowiug paragraph: 

Claim iaio;ved by tho Flmt Auditor and Kim fompirollrr : For ih. uixmnt 
due the estate of Homco CaproD, dccoaxxl, fonnerly CoiumUaluiwr of .tcilcul 

Mr. COCKRELL. That cerlair,; 
head of ■' Claims allowc'd bv 11j< Si , 

Mr. CHANDLLR. Theri is no ..,.,,.. ! 

ator, in which it can be i«ut in the bill. Tl ■ « 

in tho bill allowed by the First Auditor ami .^ 

that this jdaee is as ajipropriato as any. 

Mr. CILI.O.M. I hope it will bo allowed, 
dred and odd dollars. 

The aiiiindnient was agreed to. 

Mr. VOORIIEIvS. I otfer an amendment to como in on page 79 in 
lino 5, after tho word " cents." I nioyo to in«ert tho followiiie pro- 
viso : ' 

Provided, That the iinexpend<Hl i ^_ 

ciency appropriation act anproved '-' . " 

head "I.«avy llepartment elaimsal! ,. 

Iroller," ho, and the siuiie arc liercl- S 

oliicers, or lh»'ir legal n-presentati , 

tUs'isions of the Sujireiue Court of I f i - .,. 

r. Strong (125 U S. I{., or.8), Uniled 
United States r.SymondH (120 D. S. K 

The amendment was agreed to. 

Mr. COCKRELL. I do not tliink the att<>iition of tb 
charge of the bill could possibly have been called to tin 
ment. 

The PRESIDING OFFICER. The Senator from Minaonri invitaa 
the attention of the .Senator from Maine. 

Mr. HALE. The Senator from Maine is natehinfi Hi' bill rcry 
closely. 

Mr. VOORHEES. The .Senator fnim Missouri in entin-ly mia- 
taken. The Senator fnmi .Maine had his attiMition called t« thU 
ameudment. if not rc:illy now. some hours past. It is siiseeptible 
of the fullest possible explanation. 

Jlr. MANDIORSO.N. On page 2-1. 

To p.^iy to tho owjiors of lli'lloriie ril' 
$1,200, being rent of said range for the yi .. 

The ameiidiuent was agreed to. 

Mr. M<VND1':RS0\. I have another amendment that I do«ir« to 
offer. On )>age '.K, :irter lino 24, at tho foot of the page, to Inaert 

the following ]>aragiiiph: 

That tho Sfcn-tary ..f ili- i .. -- rv i.. ,n,i i i . .. i., ,..ii 1 .... ,»,. 

reeled, out of any nnrny ,v 

to John ralmier tlie ku ii ot i 

vcmment public lands near 1 ,.. ,1^ ..._.,„ « 

by an order from the Indian Ulbev. 

Mr. IIALK. Lot me ask the .^ennfnr fnim Nrbranka it (bat ia 
either estinnited for or reiiorloil b\ 

Mr. MANDEK.'^OX. Ye.s. sir; n 
on Indian .\tiairs. after full c. • 
eop.v, reported it favorably,.! 
It was also intpiilneed as an a 
ferred to the Committeo on Iiulntii .\ll 

Mr. HALE. .\nd it was reported l>v 

Mr. MAM>EK.^<>X. It was r.;.. 

Mr. Il.\LE. As an anieiirhuc lit 

Mr. MAXDEKSON. Yes, sir; 



SI, He 
, <0.) 



hlaliep (lAl V. a. IL, 



1- 



I 



-rrl: 

' f-rrrttf 



the Cnmmilloa 



r itp|i(uTal. 



■ Tuniiltre. 



inra clearly under tbo 



rule. I will not take time to call atl«ntion to ita morita. 



2410 



CONGRESSIONAL RECORD— SENATE. 



Makch 2, 



Tlio aineucliuont was agreed to. 

Mr. SQUIRE. Ou piigo 10, after lino 8, 1 move to insert : 

For custom-liouao, iJosl-oHloc, etc., at Port Townsend, Wash. : For completion 
of buildiugaiia npiirojclics, $15,000. 

Tliis is to coniplotc a building that is nearly eomiilctod, the only 
public building in the State of Washington, and the money is 
needed to complete the approaches. 

Mr. HALE. Is llii.s %Yithin the limit fixed for the building? 

Jlr. SQUlliE. This is in accordance with the estimates. 

'J'ho amendment was reported favorably from the Committee on 
Public Buildings and Grounds and referred to the Committee on 
Ap]>iopriation8 for their approval. 

Mr. HALE. The one test question is whether it increases the 
limit upon the building. If it does, of course it is subject to a 
point of order and I nmst make it. If it does not, then the amend- 
ment can go through. 

Ml-. SQUIRE. lean not answer the question literally. I lino w 
it came from the architect on public buildings and grounds ^yith 
his approval and that this sum is needed to complete the building, 
which is otherwise useless to the Government. The building is 
completed with the exception of the approaches. It seems to be 
follv to delay tlie completion of the building so tliat the Govern- 
mei'it can have the benefit of it. It was reported i'avoi-ably frtun the 
Committee on Public Buildings and Grounds as an amendment to 
the ]]resent bill. I hope the Senator from Maine will permit it to 
pass, as it is for the only puhlic building we have in the State. 

Mr. HALE. I will lot it go, Mr. President. 

The amendment was agreed to. 

Mr. VOORHEES. On page 3, at the end of line 1, 1 move to insert : 

To lie p.iid to Mrs. .Sar.ah O. Hanii.i. -n-idow of Baylisa W. Ilaniia. deceaaod. lalo 
minister resident and consul-ffoncral, and also conmiissioned July 1, 1S8T, envoy 
extraordinary and minister pTi-niiHiloutiary to tlie Argentine Keimblic, lor ex- 
pensi's and loss in brinKing said Uanua from Buenos Ayres to the United Stales 
after bo was attat lied bv a" fatal disease while at his post and in the dischargeol 
his olHci,al duties, whieh said attacli rendered him entirely heljdess and from 
wlii»'h he died after re loliinn; lionKi, $5,375. 

The .amen<lment w,as agreed to. 

Mr. PADDOCK. On page 21, after line 15, T move to insert: 

That the Sceretary of llio Treasury be, and he is hereby, authorized and diieclcd, 
out of any money in the Treasury not otlierwiso appropriated, to pay to George 
n. .3 ewet't the siim of $731, being the amount due him for material furnished and 
worli done by him by an order from the milit.ary authorities at Fort Duchesne. 
TJtab, in 1889. 

Mr. HALE. Is that reported from the committee? 

Mr. PADI>OCIC. It is approved by the Quartermaster-General, 
recommended for jiaymeut by the proper accounting officers of the 
Treasury, and approved by the Committee ou Military Affairs of the 
Senate. 

The amendment was agreed to. 

Mr. PETTIGEEW. On page 69, after line 21, I move to insert : 

For services of Josepli Soliwartz, of Sioux Fidls. S. DaU., as avihilect in draw- 
ing tlio plans for the Indi.au industrial school at Flandrcau, S. l)ak., $450- 

The amendment was agreed to. 

Jlr. PASCO. On page 22, line 17, I move to insert : 

That the Secretary of Ibo Treasury be. .and he is hereby, autliorized to set lie 
the account stated tjetween the United States and the Slatuof Florida, under tlie 
autliority of section 5 of tlio act approved Marcdi 2, 168',), enlilled '■ An act malung 
apprt'priations to supply deficiencies m the appropriations for the fiscal year 
endin'T.Tune :!0, 18S9, arid for prior years, and lor other piirposes;" and innialiing 
snci] scUlenient he is hereby authorized to act off wliat is found to be due hy tlie 
State 1o tlie day of settlement, ou account of principal and interest upon the bonils 
of tlie Slate, in wliicli a jiurtion of tlie Indian trust funds have been invested against 
what is found to bo due (lie State to the same, date for moneys expended by her 
during the Indi.an hostilities of 1S19 and 1S56 .and 1857, .and to .surrender such 
bomis^and the coupons tliereto to tlie governor of said State upon making such sot- 
tlcnieut. And in maliing the settlement the Secretary is directed to follow the 
statement of the account as made under the authority of said act, aa found in tlie 
letter from the Secretary of the Treasury dated December IG, 3880, pnblislied as 
Executive Document No. 68, House of Representatives, Fifty-lirst Congress, and 
to adopt the first mode of settlement proposed near the foot of page 3 of said 
doeniiient, containing the computation of interest upon the jirincipal on both 
sides to the date of settlement. And such sum of money is hereby appropriated, 
out of any moneys in the lYoasury not otherwise .appropriated, .as is uocossai'y to 
make siieti seltlemeut. 

Tiir. SHERMAN. I think as the amount of this claim is very large, 
and it being mainly for interest, as it is subject to a point of order, 
the jioint ought to'bo made. The .amount is so large, amounting to 
more than half a million dollar,s, that it ought to be reported in the 
regular way and acted upon separately, it is subject to a point of 
order and I wiU make it. 

Mr. PAS(.;0. Before the point of order is considered by the Chair 
I should like to state that when the claim came up four years ago 
the point of order was raised and it was then decided by the Chair 
that the amendment was in order. At that time it went on the de- 
fieicucy appropriation bill. 

Mr. SHERMAN. Then it may have been reported from a commit- 
tee, but as a matter of course that decision on the point of order 
does not continue. 

Mr. PASCO. It is now an act of the Senate, because a bill iden- 
tical with the proposed amendment has already been passed at the 
present session. We passed a Senate bill and then it became an act 
of the Senate. 

Mr. SHI-; I ; MAN. Then 1 ask the decision of the Chair upon the 
point of order. I think it has not been repoi-ted by a committee at 



the present session, and it has not been referred to the Committee 
on Appropriations, I understand. 

Mr. PASCO. It has been referred to the Commil tee on Appropri- 
ations. 

Mr. HALE. But not referred by direction of a connnittee. 

The PRESIDING OFFICER. Tlieamendnientshows upon its face 
that it was introduced by the Senator from I'lorida and referred to 
the Couimittee on Appropriations, but not reported by a committee 
to the Senate. 

Mr. SHERMAN. It was not reportetl by a committee to the Sen- 
ate? 

The PRESIDING OFFICER. Theameudmentdoesnotshowupon 
its face that it was so reported. 

Mr. SHERMAN. It is subject to a point of ortler, then. 

The PRESIDING OFFICER. Does the Senator raise the ques- 
tion of order f 

Mr. SHERMAN. I do. 

Tlie PRESIDING OFFICER. The Chair sustains it. 

Mr. PASt'O. " I should like to be heard before the point of order 
is sustained. 

The PRESIDING OFFICER. The point of order isiiot debatable. 

Jlr. PASCO. I know it is not, but I should like to be heard, by the 
unanimous consent of the Senate. 

The PR]:SIDING OFFICER. The Senator from Florida asks the 
unaiiiir.oiis consent of the Senate to be heard ou this question. Is 
tlicreobjcetidu? The Chair hears none, and the Senator from Florida 
will proceed. 

Mr. I'ASCO. In the Fiftieth Congress this matter was put upon 
the deficiency aiipropriatiou bill. The amendment wasproposed in 
the Senate. I have not the words of the amendment as originally 
]iroposed in the .Senate. It passed the Senate. A point of order 
was raised upon it and tln^ jioiiit of order was overruled by the 
Chair. It went into the deficiency bill, directing au investigation 
by thfc .Secretary of the Treasury and directing the payment of the 
amount after it was ascertained by the Secretary. It then went to 
a conference and the matter was modified in conference so aa to 
strike out tlio appropriating feature, and as it became a law it read 
as follows: 

That the Secretary of the Treasury be, and ho is hereby, autborizcd and di- 
rected to examine tlio claim of the State of Florida reported in the letter of the 
.SeiTctaiw of Wju- dated Jtay 22, 1882, and under previous acts of Congress, and to 
make a report uj.on the sanio to the next regular session of Congi'css, and in con- 
nection therewith to report the amount of all claims in favor of tho General Gov- 
ernment against the Stale of Florida, and in said report to state tho account be- 
tween the General Government and the State of Florida. 

lliat was in the deficiency bill as it finally pissed. The Treasury 
Department m;ide ,a report, a copy of which I have here, and based 
iilion that re))ort a bill was subsequentl,y introduced in the last Con- 
gress and in the jiresent one. It ijassed the Senate during the pres- 
ent Congress and it is now an act of the .Senate. .So upon the ]>oiut 
made by the Senator from Ohio, it did not need a reference to the Com- 
mittee on (,'laims, because it was an act of tho Senate, audit comes 
viuder that clause of the rule. 

Tho PRESIDING OFFICER. Does the Chair understand the Sen- 
ator to state that this approjiriatiim is to meet a bill or resolution 
that has jiassed the Scn:itc at the present session ? 

Mr. I'ASCO. Tho examination was made by the Treasury Depart- 
ment under a law which passed Congress at a former session and 
not at tho present one. The report coma back from the Treasury 
Department stating the account, and this amendment is for the pur- 
pose of carrying out that finding of tho Treasury Department. It 
docs not seem to me to be subject to the point of order upon (hat 
ground. A bill carr.viug out the report of tho .Secretary of the 
Treasury has passed the Senate at the jirescnt session and is now 
pending in tho House of Representatives. 

It does not seem to me that the amendment is subject to a point 
of order. I think an examination of the claim upon its merits will 
fully satisfy the Senator from Ohio that this is a just claim. It has 
been ,so found by the War Departmeut. it has been so found by 
the Treasury Dejiartment. It has been so found by both Ilousr s of 
Congress at'difterent sessions. It is only in this way that this debt 
can be paid to tho State of Florida at tho present session. 

The PRESIDING OFFICER. The Chair willask the Senator from 
Florida if this appropriation is estimated for in the Book of Esti- 
mates? 

Mr. PASCO. It istiot in the Book of Estimate.s, but it is in the let- 
ter from the Treasur.v Department, a copy of which I shoT\-edtothe 
Senator from Ohio. It comes from the Treasury Department as the 
language of the amendment shows. The Treasury Department stated 
tlie account and has made its report to Congress in the form of a 
letter. The Senate has acted upon that report in a separate bill, 
which was passed some months ago. 

Mr. SHERMAN. As it is perfectly clear that the act of Congress 
passed several years ago to authorize the Secretary of the Treasury 
to examine and report upon this claim would not be asufiicient 
basis tuiless Congress, during the i>reseut session, shall have by some 
act or resolution aifirmed the correctness of the account of the Sec- 
retary of the Treasury 

Mr! PASCO. The Senate has done so. 

Mr. HALE. Not by an act. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



•iisi) 



the best terms possible for them, of coui-se it is the dutv of the 
Senate to reject the conference report and commit the bill to 
another committee. The committee on the part of the Senate 
fee! that they have acquitted themselves to the utmost of their 
ability in this matter. 

The VICE-PRESIDKNT. The question is on concurring in 
the conference report. 
Mr. WOLC'OTT. I ask for the j-eas and nays. 
Mr. TELLER. Let us have the yeas and nays. 
The yeas and nays were ordered. 

Mr. ALLISON. As the yeas and nays are ordered on concur- 
ring m the report I think I should say just a few words. The 
Senators who are opposing this report are doing so upon the idea 
that the Senate conferees have not endeavored to carry out the 
wishes ?,nd purposes of the Senate as expressed in these appro- 
priation bills. The Senator from Wyoming [Mr. Carey] made 
a considerable criticism in his forcible way because we had not 
allowed enough tor clerk hire. The State of Wvoming in this 
bill had placed in it for clerk hire as the bill came from tho 
other House $-1,000. We inserted in tho Senate $7..')00, and now 
in this conference report Wj-oming is allotted $5,500— $1,500 
more than the other House gave. 

We struggled and struggled into the watches of the night for 
the purpose of protecting as far as we could such items for our 
Western friends, and now because upon these great bills we 
could not coerce the House of Representatives, we are to bo gib- 
betted upon the cross-roads of public opinion by these gentle- 
men that we are abandoning our new States in the West. The 
State of Idaho has received here a large consideration beyond 
what the House gave. The Senator from Wyoming said a mo- 
ment ago that in other appropriation liills we had given large 
sums of money to public buildings in the E.ast. There is not a 
single appropriation in any one of these bills at tho jiresont ses- 
sion for a new building in the East, West, North, or South. 
Mr. PLATT. Nor in this Congress. 

Mr. ALLISON. Nor in this Congress. The Senator from 
Colorado [Mr. Wolcott], true to his investigations and his 
amiabilities respecting the Geological Survey, finds fault with 
the action of the Senate conferees upon that subjci,-t. whoi-oas 
practically we gave away everything that we had jiut on respect- 
ing the Geological Survey, in accordance with the views and ' 
sentiments of my young friend from Colorado. 

If the Senate is to be the sole judge of what tho appropriations 
of this Congress are to be, then indeed we can vote down these 
reports upon a yea-and-nay vote. If Congress consist of two cO: 
ordinate branches, both of which must be consulted and c.ich of 
which must yield something to the other, then these reports as 
they are presented here in the last hours of the session must bo 
disposed of as they are presented, otherwise these bills will fail. 
Mr. STEWART. I wish to make just one rema -k. In any- 
thing I said I did not intend to reflect u])on tho confcreos on the 
part of the Senate. I believe they do all they can in conference, 
but these bills came in at tho last moment, and a very small num- 
ber of men in the other House, with the pressure tlicro is to 
avoid an extra session, control almost everything, and the Sen- 
ate has very little to do with these great matters of appropria- 
tion. 

Mr. WOLCOTT. I should like to ask tho Senator from Ne- 
vada a question. 

The VICE-PRESIDENT. The Chair reminds tho Senator 
from Colorado that he has already spoken once on the conference 
report. 
Mr. WOLCOTT. I merely want to ask a question. 

Mr. STEWART. I will state 

The VICE-PRESIDENT. The Senator from Colorado (Mr. 
Wolcott] is not in order, nor is the Senator from Nevada. The 
yi^as and nays have been ordered on concurring in the report. 

yiv. TELLER. Mr. President, I do not desiro to di^bato the 
conference report, but I thought if I read a dispatch which I 
have received from the far West it might be interesting at this 
particular period. I hold in my hand a dispatch sent to my col- 
league and myself dated Denver, yesterday. It says: 

' Denver, Colo., March i, 1803. 
Senators Henry M. Teller and Edward O. Wolcott, 

Washingloii, D. C: 
You are anthovir-ed to offer on behalf of the national banks of Denver to 
the Secretary of the Treasury Sl.000.000 in gold coin in exchange for a like 
amount of legal-tender notes. The exchanso and delivery to bo Diade in 
Denver. This offer to stand good for one v.-eek from this date. 

CHAKbES M. CLINTON, 
Secretary Denver Clearing- House Association. 

I notified the Treasury Department this morning of it and I 
have just received the following dispatch from that Department: 
[Telegram. ] 

Treasury Department. 
lion H. M. Teller: 

Will receive gold in Denver. Amount of express charges on currency will 
be ?}50, which Denver parties will h.avetopay. Thegold will be sent through 



i:>l oxwliy 



the pos^offlce at no cost to the Government. If I should r.»v oTi.r^^ .>.._. 
it ynll be eqiUvalent to paying premlSS on solJ, a ?hlu J^?'^' ' ■ *'-'"^' 

fi: 
To that I have replied to tho Secretary of tho 1 • 
own authority: 

To Hon. Charles Foster. [Tcleeram.] 

Secretary of the Treasury: 

I do not think the D-nver banks will pay ibe exmnxe Ton nwnUon. 1 
can see no reason why they should. ''^-v^ui^ 7«u nwouun. i 

Mr. President, I only want to say that tliU is in the lino ot 

what I said the other day. I think it showr- 'i ■•.' '■ .. ■ •■ • '•' 

strait in which the Tretwury Dopartineiit 1 .> 
unfounded, bocausu currency can !>• Hont t.i ' 
expense to tho Government whatever 
gold can be sent to New York or to W 

I wish to say in addition that I am :. 
that a large amount of gold coin. hiu<> 
dollars, can be had in the .same way, .. . 
ment desires it, from tho oxtromo Wost. r 
not get all wo want in tho appropriat;.:. 

more to the growth of the country thai! iho 

country. We produce all the moii.'v dw. 

country, amounting to alxiut i\i'' 
the -Mississippi w,! fiirni.sh the gi 

exports: and if wo do not got whai ... ,.u,i. i„ i,:. „!.. . .j.j 

priations we will agree to do our pari tuwardii inaliituinSiit; tho 
financial integrity of tho (iovornniont. 

The VICE-PUESIDENT. Tho roll will b.- oallod on concur- 
ring in the report of tho committ4.'0 of confuroncV". 

The Secretary called the roll. 

Mr. DIXtJN. I have a general pair with the Senator from 
Mississippi [Mr. Walthall), who i« detained from tho Senate 
by sickness: but I am assured tliat i( ho wi-ro prcH<-nt ho would 
voto yea. and I thcroforo vote. I vote voa. 

Mr. PETTIGIUCW. I am paired with tho Senator from We»l 
Virginia [Mr. Camden). 

Mr. (JEOIUiE. lam paired with tho Senator fru' • 
[Mr. DOLPH', who is absent on account of Hicknos.-t. i 
announcement for the dav. 

.Mr. .MITCHELL. Tlio Senator from .Mlsshwlppl [.Mr. 

George] has just announced his pair with mv •■•■i' '>ir. 

Dolph]. I desire to state that my colloaguo ih • rom 

the Senate by illness. If ho woi-o "hero lie would . .'' 

Mr. WARUKN. I ask if the Senator from GoorKiai.Mr. Gor- 
don] has voted? 

Tho VICE-PRESIDENT. The Senator from Georghk U not 
rec.iided. 

Mr. WARREN. I withhold my voto, as I am paired with that 
Senator. 

Mr. CAMDEN (after having voted in tho ufllrmallvo). I un- 
derstand that the Senator from .South DnkotajMr. I'ktti(JKK)V | 
announced a pair with mo. I withdraw my vole. 

The result was announced— yeas 41, nays 21; as follows: 
YEAS;-n. 
Allison, 
Uate, 
Deny, 
Hlaclibtu^, 
Hri<e, 
Butler, 
Call, 
Coikrell, 
Coke, 
Cullom, 
Davis, 

Ulodgett, 

Cameron, 

Carey, 

Casey, 

Chandler, 

Dubois, 

Aldrlch, . 

Allen, L 

Cattery, 

Camden, 

Colquitt, 

Daniel, 

Dolph. Jones, Xev. .S<|ulrc. 

So the report was concurred in. 

.MESSAGE FROM Tin: H.: -.p 

A message from tho House of ! 
TOWLES. its Chief (-'ierk. anni^uii, 
the bill (S. .'WnO) authorizingtl 
ern Railroad C ):iipany to n ; 

Calumet River upon o- near \.h>- .n.il 

upon a location and i)lans to b • a of 

War, and to operate tho same. 

Tho message also annoimced that tho Ho no ha 1 iMw.d tho 



■o 
(/J 



o 

Z3 



Dawos, 


.loneo. Ark. 


S1oW4rv, 
SlockhrlilBT, 


Dixon. 


Llnilsay, 


I'^aulkner, 


McMillan, 


Turpi"-. 


Fulton, 


MrPherson, 


Vanr... 


Frye, 


Mllln, 


Vn.t. 


Gibson, 


Morrill, 


Vlla«. 


Gorman, 


Palmer, 


Voorhr<.», 


Harris, 


Vaxeo, 


While. 


Hawley, 


Plan, 




Hunlou, 


Sa\v)-<>r, 




Irby, 


Sherman, 
NAV.S--M 




Galllii^er, 


MlU-holl. 


-Sh..ni., 


Hanshrough 


PflTer, 


THI.r. 


H levins. 


IVrklnji. 


W.,;. . :: 


Hls.ock. 


Power, 




Kyle. 


Proottir, 




MaudcrsoD, 


Pugh, 




NOT VOTING-24 




Gcortro, 


Morgan, 


Stanroni. 


Gordon, 


P,vldo<-k, 


Walthall 


Grav. 


Petilin-i'W, 


Wirrrn. 


Hale, 


guay. 
Kan.*^om, 


Wanhhurn 


Hill, 


WII»on 


Hoar, 


Sanders, 





2490 



OONGREHSIONAL RECORD— SENATE. 



March 3, 



conoun-ent resolution of the Senate prox'iding: for the printing 
of 0,000 copies of the report of the Committee on Mines and Min- 
inn- on the cost of tlie production of gold and silver. 

The message further announced that the House had disagreed 
to the amendments of the Senate to the bill (H. K. 2122) for the 
relief of Cumberland Female College, of McMinnville, Tonn., 
agreed to the conference asked-by the Senate on the disagree- 
ing votes of the two Houses thereon, and had appointed Mr. 
ExLOE, Mr. Stone of Kentucky, and Mr. HouK of Tennessee 
managers at the conference on the part of the House. 
CLERKS TO MEMBERS OP THE HOUSE. 

Mr. DAWES. I ask unanimous consent'to call up and put on 
its passage a joint resolution which came over from the House of 
Reiiresentativcs this morning-. 

TUo VICE-PRESIDENT. The Chair lays before the Senate 
a joint resolution from the House of Representatives, which will 
be road at length, in the absence of objection. 

Tlie joint resolution (11. Res. 1913) authorizing members to cer- 
tify monthly the amount paid by them for clerk hire and direct- 
ing the same to be paid out of the contingent fund of the House 
was read the first time by its title, and the second time at length, 
as^follows: 

''.'■lolied, etc.. That on and after April 1. 1393, each Member aud Delegate of 
Ihs' House of Kepresentatives of the Uuiiea State.s may. on the 1st clay of 
evovy month diiring sessions of Congress, certify to the Clerk of the House 
of Ilepresoutatives the amount which he has j^aid or agreed to pay for clerk 
hir,' nocessiirily employed by him in the dis^har^e of his official and repre- 
.sentative duties during the preriotis mouth, aud the amoimt so certified shall 
be paid by th" Clerk out of the continjeut funl of the House on tiio 4th 
day of each mimth to the person orpersons named in eaclt of said certificates 
so I'led; Prorhled, That the amountso certified and paid tor clerical s_-r\ices 
rendered to each Member and Delegate shall not exceed iiilOO for any month 
dnring the sessifur. And prondi.'ci/nrf/tPt\ That the provisions of this resolu- 
tion shall not apply to members who are chairmen of committees entitled 
under the rules to a clerk. 

The VICE-PRESIDENT. Is there objection to the present 
coifiideration of the joint resolution. 

There being no objection, the joint resolution was considered 
as in Comtnittee of the Whole. 

Mr. MANDERSON. Mr. President, the joint resolution seems 
to provide that members of the House of Representatives shall 
em]jloy clerks, whether for the session or annuallj' I was unable 
to determine from its reading. It does not carry an appropria- 
tion, but simply malces a charge upon the expenditure which is 
certified upon the contingent fund of the House. I should like 
to ask the Senator v/ho has called up the joint resolution wlicther 
in liis opinion it is necessary that joint action of the two Houses 
should be had upon that which simply makes a charge upon the 
contingent f\md of one Housed 

Mr. DAWES. I understand that each House has perfect con- 
trol of its own contingent 'fund, but the House of Representa- 
tives have chosen to pass a joint resolution to authorize this pro- 
ceeding. I suppose that if they had that in mind, it must be 
so!i'ly to obtain the sanction of the Senate to this proceeding, 
inasmuch as thej' have done the same thing for the Senate in a 
bill, which has just been passed by the House, in conceding to 
the Senate, by act of Congress, the power to pay session clerks 
annual salaries out of the Treasury of the United States, the 
difference between the two being simply a matter of the fund 
fro at which the money is to be paid. The contingent expense 
ftuid of tlie House is dependent upon the Senate in amount, but 
not as to the items. 

Mr. HOAR. My colleague will allow me to make a sugges- 
tion to the Senator from Nebraska. As I understood, this is a 
provision which is intended to operate during the coming sum- 
mer. 

Mr. MANDERSON. During the recess? 

Ma: hoar. Yes. 

Mr. MANDERSON. I do not so understand it. 

Mr. DAWES. I think it does not apply to the recess. 

Mr. COCKRELL. If the Senator from Massachusetts will 
allow me, I have read the provision and can explain it. 

Mr. HOAR. I should like to have the joint resolution again 
road. 

Mr. COCKRELL. Let me e.x])lain exactly what it is. Itgives 
to each member of the House who is not the chairman of a com- 
mittee a clerk during the session at not exceeding $100 a month. 

iMr. HOAR. Let the joint resolution be again read. 

Tlie VICE-PRESIDENT. The joint resolution will be again 
read. 

The Chief Clerk read the joint resolution. 

Mr. MANDERSON. Mr. President, I am in hearty sympathy 
with the purpose of the joint resolution. I do not think that any 
member of either House of Congress can perform the duties re- 
quired of him without having the assistance of a clerk, and I 
would go to the extent of not only making him a session clerk, 
but an annual clerk for every member of the House of Repre- 
sentatives as well as for every member of the Senate. 



My objection to this joint resolution, however, is this: It sim- 
ply provides for a charge upon the contingent fund of the Hous, 
of Rejiresentatives, and I submit that under no parliamentai-\ 
practice or custom which has ever obtained, has one House at 
tempted to control the expenditure of the contingent fund of tli< 
other House in detail. 

Mr. DAWES. All that is true; but I see no objection to oii 
Hou.se asking the approval of the other House where so lar^- 
aud unusual a charge is made upon the contingent fund, in v.-hi'' 
that House must necessarily cooperate in providing. It is n- 
necessary; but it might give rise hereafter toadivision between 
the two Hou.ses as to whether the House of Representatives hav^- 
properly such a charge upon the contingent fund outside of the 
ordinary charges. 

That is all I can see in the propriety of the House of Repre- 
sentatives sending- this joint i-esolution here for our approval. 

Mr. MANDERSON. ' I do not propose to object to the consid- 
eration of the joint resolution or require that it shall be referred 
to a committee, but I hope it will not be considered a precedent 
in tlie expenditure of the contingent fund of the Senate in any 
way that the Senate may see fit to order it. That should never 
require the approval of the coordinate branch of Congress. 

Mr. .DAWES. I have no doubt it is the beginning of a result, 
which all of us here in the Senate, as expressed by the Senator 
from Nebraska [Mr. Manderson], hope will be speedy, that the 
members of- the House of Representatives, by act of Congress, 
just as v/e have done, will provide themselves with annual clerks, 
who tvill be paid out of the Tieasury just as all other charges of 
this kind are paid. This is the beginning of such a step as tliat. 

The VICE-PRESIDENT. The joint resolution is before the 
Senate as in Committee of the Whole, and open to amendment. 

The joint resolution was reported to the Senate without amend- 
ment, ordered to a third reading, read the third time, aiidpas.sed. 

POST-OFFICE APPR0PRI.\TI0N BILL. 

Mr. CULLOM. I present the report of the committee of con- 
ference on the Post-Office appropriation bill, and ask for its pres- 
ent consideration. 

The VICE-PRESIDENT. The report will be read. 

The Chief Clerk road as follows: 

The committee of conference on the disagreeing votes of the tvv'o Houses 
on the amendments of tlie Senate to the bill (H. R. 10319) "making appropri- 
ations for the service of the Post-Otflce Department for the lisca'l year end- 
ing June 30, 1S91, " having met, after full and free conference have agreed 1 1 
recommend aud do recommend to their respective Houses as follows: 
That th-^ Senate recede Irom its amendments numbered 2 aud 4. 
That the House recede from its disagreement to the amendments of tho 
Senate numbered 3 and 0. and agree to the same. 

That the House recede from its disagreement to the amendment of the Sen- 
ate numbered 1. and agree to the same with an amendmept as follows; lu 
lieu of the matter Inserted by said amendment insert the following ; '-And 
of this sum not exceeding $50,000 may, in the discretion of the Postmaster- 
Geueral, l)e expeutled for the rental of canceling machines: " and the Senate 
agrti^ to the same. 

That the House recede from itsdisagreementtotheamendmentof the Sen- 
ate numbered 5, aud agree to the same with an amendment as follows; lii 
Jleu of the sum proposed, insert "81,600,000; " and the Senate agree to the 
same. 

S. M, CULLOM, 
WM. M. STEWART, 
JO. C. S. BLACKBURN, 
Managers on tliej^art of ike Senate. 
JOHN S. HENDERSON, 
JAMES H, BLOUNT, 
JNO, A. CALDWELL, 
Managers on the part of the House. 

Mr. GORMAN. I ask the Senator in charge of the bill to state 
to the Senate what was the result of the conference in regard to 
the provision for special mail facilities'? 

Mr. CULLOM. In the consideration of this bill by the con- 
ferees of the two Houses, the conference agreed without any 
particular hesitation upon all the items of amendment by the 
Senate except the amendment numbered 4, x-elating to special 
mail facilities. That was considered by the conference for quite 
a length of time: there seemed to be a very unyielding disposi- 
tion on the ))art of the House conferees," and finally the Senate 
conferees yielded and allowed the House proposition to stand in 
the bill. That is the exact slate of facts. 

Mr. BUTLER. In other words, I understand the Senator to 
say that the bill as it now stands on the conference report is a.s 
it came originally from the House of Representatives? 

Mr. CULLOM. Itstandsasit came from the other House orig- 
inally on that subject. That is all I can say about it. 

l\Ir. GORMAN. Do I understand the Senator to say that tho 
Senate has receded from its amendment, and agreed to the pro- 
vision in regard to special mail facilities as it came from th.c 
House of Representatives? 

Mr. CULLOM. Yes, as it came from the House of Represent- 
atives. 

Mr. GORMAN. To the amount of some $196,000. 

Mr. CULLOM. To the amount of $193,000, as specified in tho 
bill as it came to the Senate. 



1893. 



CONGRESSIONAL RECOED— SENATE. 



5493 



If tho doctrine be to carry mail facilities to the most sparsely 
settled country, then the other line ought to be selected 

But, sir, here is a line with fifty lateral lines reachin<^ every- 
where, running through the very heart of that portioS of the 
South which Thomas Jefferson once predicted would become the 
great populous region of this continent, and, as my friend from 
South Carolina [Mr. Butler] suggests, with almost every city 
of great enterprise, of growth, of gigantic commerce lyino-alon" 
this Immediate route. From this lino, even the coast cities can 
be almost as well served, and all north of it infinitely bettor 
served. There is not a single reason which can be urged hero 
to those who know the facts, which can not be explained by 
much more overwhelming facts. 

Senators talk about Havana. Mr. President, I wish to roach 
our own people with these facilities. Hero is the great State of 
Te.xas and here are all the great cotton-growing .States and com- 
mercial and manufacturing States demanding this route, and I 
appeal to Senators hailing from a country which has been with- 
out these facilities, which is infinitely superior in all its devel- 
opments to the other line, to stand by the House provision and 
give us this line. 

I prefer the discretion of a dozen men to the discretion of any 
one man. The House in its wisdom ha^ designated this line: 
the conferees have designated it; and an overwhelming majority 
of the Senators who represent the section intended to be bene- 
fited by it designate it and appeal to the Senate to stand by the 
Hous2 amendment. 

Mr. Mcpherson. I should Uke to ask tho Senator from 
Georgia if that is the ground upon which he puts his support of 
this amendment? 

Mr. GORDON. What ground? 

Mr. IMcPHERSON. That it is to afltord greater and better 
facilities for Georgia and the surrounding States and tho coast 
cities than are now afforded? 

Mr. GORDON. Undoubtedly. 

Mr. Mcpherson. Then I am very sorry that that distinc- 
tion is proposed to bo drawn in this bill. Tne cities along the 
coast in the Southern States, the State of Georgia and tho State 
of Alabama and the State of Louisiana ai-o entitled to like mail 
facilities on like trains with all other parts of the American 
Union and no more. 

When this bill was brought before tho Senate by the Appro- 
priations Committee, the committee having stricken out tho 
House provision, I dissented from the amendment offered by tho 
Senate committee, solely and entirely upon the givuiud that we 
were to-day trying to build up great commercial relations with 
the States of Central and South America and with the islands of 
the sea, that a mail train might leavo New York and reach Key 
west twenty-four or forty-eight hours after a steamer had de- 
parted from New York going towards tho south on her voyage 
to these great commercial t tates with whom we were trying to 
build up commercial intercourse. 

That would be an actual advantage of from twenty-four to forty- 
eight hours over the European mail. Therefore I say there 
is but one route that the Postmaster-General should be given di- 
rection upon which to put the fast mail, and if it is necessary this 
bill as it came to us from the House leaves the option with him. 
Unfortunately a good many of the Southern lines have not and 
could not make proper arrangements to carry tho mails on the 
fast lines withoutthe additional expendituroof money. This bill 
leaves it in that shape. 

If, however, that can not be done, if tho fast mail trains can 
not bj assured and secured throughout tiio whole year so as to 
continue that service, then under this bill it will be the duty of 
the Postmaster-General to pay the $196,000 provided for. 

I say there is no other section of the country -which occupies 
the same position with regard to thefast mails as the Southern 
section does. 

I am in favor of this proposition as it stands now, as it has 
been agreed upon by the conference committee, because it gives 
the fast mail not to Georgia, not to Alabama, not to South Caro- 
lina, but to that great commercial interest which lies beyond 
all these things, and which enables us, a? I have said, to send 
the mail from the city of New York forty-eight hours after a 
steamer has departed and meet that steamer at Key West, 
giving the advantage of that time over any European mail which 
may be sent. It is for this reason, and only for this reason, that 
this provision may beat all defended. 

Mr. GORDON. My friend does not mean to say that if we 
give these facilities for out4oing steamers we must deny them 
to the people along the line? 

Mr. McPHERSON. That is purely an incident. 

The PRESIDING OFFICER. The Senator fromGcorgia[Mr. 
Gordon] has once addressed the Senate upon this question. 

Mr. GORDON. I did not intend to address the Senate again. 
I only desired to ask a question. 



vr- 
nUs 

■iitt 



T a^^t'fh?f^'t°^^-| ^ 'i" not fiso to address the .Sonato now, but 
X a^k that the rules of tho Senate m,, ' ' .rcod 

The PRESIDING OFFICER. Ti. isWill tho Sen- 

ate concur in the report of the com : : . ' •• . - '**" 

Mr. PASCO. Thisprovisionaaitv wasthn 

result of a compromise. It was i-ar • .,i.rhl» 

considered and discussed, and - .vaa roftrlWl 

was the best judgment of the S ,.. '^'«='»*^ 

The.SenatorfromIvouisiana[:iii-. ., " , i^ 

attitude this morning, if I recoUec! j 

ment which placed this clause in th. ■ ,, 

Senate. It placed tho entire disci '. 

the money appropriated with tho I'. 

It IS right and proper that it sI.ojI.1 h.- U.-n-. As it htood 
when It came from the House, it wum a mere 8ub»i.lv- a-i a"o 
ance to a particularlinoof railroatl. As itwent fm " 
It intrusted the Postma-sler-tioiu-ial with u lart'i- 
improvement of tho postal service. 

Mr. President, what would be thought <if a proijositinn to im- 
prove the postal facilities between tho citv of Wa-hlh i ,„ ,,nd 
tho city of New York, if Ih.re should be utWhoU u to 

It that the money should lie expended un m a pnv . of 

railroad, say upon tho Rulliniur- and "Oliio .Jr 

President, it wovild tak- away all that powor . ,.pl 

intendence which should rest in the I'o.-,liniu-t 

The Senator who presented this rop )rt ha^ refer- 

ence to the attitude of tho oth u- House. IK- wiut an 

impatience shown by the committee. IIo stated that the Iluuw 
members of the conference committee said there waa impuiieuco 
in the House because of tho action of tho Sonutc Mr. Pr-nidont 
I think our conferees could very well have stood bv tlio lu-llon 
of tho Senate. It was unanimous action: it was r.v ' ' ' ■!!> 
erato action: it was afl-M- full diseussion: It was at .: -a 

the minds of tho Senators all mvt, and tho changi- iiy 

the unanimous vole of tho Sonata: while in tho I! |). 

reseutativcs the subject was not fully discusseil, ii; . •..(! 

upon by less than a quorum of that body. 

I suppose it is in order for mo to refer to what inok plmw In 
the House of Representatives, as roferenr. ' ' -..(t 

matter by the Senator from Illinois [.Mr. i ;» 

report in charge. Tho proposition in li.* ;.„,.-. „.„ its 

follows: 

strike out In the prndtuK paragraph tho wordu " frov; ^' - 
via Xew York ami Washington, to Atlanta and New Or: 
the paragraph read: 

■Foriiecessaryancl special facUltlfs on tninic llnt>». S.. 

There were only 80 members of tho Hotiso of Roprotu-ntaUvca 

who voted against this amendment. Trtio, it \va* n ■■■ -,• of 

those who voted, but not even a quorum of tho bu.i .m 

the question, but 80 friends of tho proposition wer^. , ;od 

in tho vote. 

Why was thisallerred display of impatience in tho Ho(n« at a 
measure which received the unanimous action of ti/ lud 

was opposed by the votes of but 80 nicmliors of t of 

Representatives? Is that minority vote to bi' ^ • i.o 

unanimous action of the Senate? .\re wo ti ;, a 

l)roposition which has such slender support a^ : .-^ 

of Representatives? 

Tho PRESIDING OFFICER. The Chair calls tho attention 
of the Senator to tho fact that a referenco to the action of tho 
other House is in violation of the rules of tho Senate. 

Mr. PASCO. If I am violating tho rules. Mr. Pr. ' Mio 

foundation of it was laid in tlio remarks of tho .S'li.. Il- 

linois [Mr. Cullom), and as they have made thoi: on 

upon this body 1 think it is but fair and proper tli in 

should be called to what was actually done tn tho H' . j)- 

rcsentatives; but at the admonition of the Presiding Oilio^r I 
shall follow that lino of argument no further. 

I believe that if this money is to l)e ap|>ropriated it Hhoiild bo 
controlled entirely by the Postmustor-CIenoral. 

The ])roposition as it came from tho Hon-* of i •.■■.•• — .,i .^m-os 
is a monstrous one. Hcroisalinoa-skingfor tl. .h 

this appropriation without any foundation wh ^ it 

upon. 

The PRESIDING OFFICER. Tho time of tho^ Senator has 
expired. 

Mr. PASCO. I ask to be allowed two minutes further. 

Mr. CULLOM. I hope the Senator will bo given two minutes 
more. 

The PRESIDING OFFICER. Is there objection to the Sen- 
ator from Florida |n-oceeding? Tho Chair boars none. Tho 
Senator will procee 1. 

Mr. PASCO. I wish to call again tho attent'on '■' ite 

to the fact, which I called att<ention to when I •; o 

matter heretofore when thv- hill wm before the .-"■■i.ii . ;i<al 
there is no recommendation from the Department for an appro* 



' I. Mtu., 
i'*niAl(o 



2494 



CONGRESSIONAL RECORD— SENATE. 



March 3, 



iji-ialion to this particular line or to any otlier line; that the bill 
as it came from the House of Representatives contained this 
item recommending such expenditure without any estimate from 
the Donartment, with no reasons stated for such expenditure on 
this line of railroad, and without any foundation whatever for 
such legislation. . . , , ,■ 

As the bill went from the Senate, it appropriated a sum ol 
money to be expended for the benefit of the jjostal service and 
loft the discretion entirely where it should rest, with the Post- 
mastjr-Gcneral. , , . . 

I lielieve, Mr. President, that in a matter of such importance 
as this and under the circumstances attending this amendment, 
we should be justified in voting against the confirmation of the 
report of the conferenca committse. 

Uv. CALL. Mr. Prosident,_ the question presented 



this 



case is whether a subsidy shall be given to the Richmond and 
Danville Railroad Company to Atlantaand NewOrleans. iherc 
is no reason why they should attempt to disguise this proposi- 
tion The general law of the land provides for the manner of 
carrvino- the mails all over the United States a system of pay- 
ments according to weight and bulk. This provision of the ap- 
propriation bill has been intended to give the Postmaster-Gen- 
eral the rio-ht to give a special facility anywhere in the United 
States It was originally located for a line— and that idea has 
been maintained— from Springfield in Massachuset^ts on south 
alono- the Coast Line to the State of Florida and the West Indies. 
Therefore, whatever contention should be made upon this propo- 
sition should be simply whether special facilities beyond tho.se 
of the other parts of the United States should be given to Georgia 
and Alabama and Louisiana and Texas apart from the general 
system, or whether there should be a foreign mail maintained 
along the most expeditious routes. _ _ 

That is the whole question. The Housci provision to which 
the Senate conferees consented is nothing but an appropriation, 
and the arguments bore for a large amount of money as a subsidy 
to a particular railroad comi)any, to a particular route, when 
there is no evidence that Sjiecial facilities are needed for that 
route. There is no evidence that the existing praclif-e, which 
the Senator from Mavvland [Mr. GormanI very properly referred 
to as the existing law, which says that the whole mail compen- 
sation shall be according to weight and bulk for all the mail 
service of the United States -there is no evidence that that is 
rot adequate, and more than adequate, to the reasonable com- 
pensation of these companies. In fact they are receiving too 
much. Too large an amount of the people's money is being 
taken from them in compensation for this mail service. 

But there are lines, as the Senator from New .Jersey |Mr. MC- 
PHERSON] has properly said, which maintain the foreign com- 
merce and intercourse of the United States with the West India 
Islands and Central America, and to those linos a bounty might 

well be paid. ... r u • i 

This is neither more nor less than a proposition ol a subsidy 
of $196 000 to the Richmond and Danville road. As such I hope 
the Senate will not concur in it. it had belter be stricken out 
of the bill altogether, and I trust we shall have a separate vote 
upon this proposition. , , n, 

Mr. CULLOM. I only wish to say a w.jrd, and then I shall bj 
glad to get a vote upon the report. . . 

In the first place, the Senate Committee on Appropriations 
did not believe that the provision was necessary in the bill or 
that any appropriation for this purpose should be made, 'the 
imitression, however, in the Senate seemed to favor the appro- 
priation for some line to the South. On my own motion an 
amendment was placed in the bill by the Senate, which left the 
discretion entirely in the Postmaster-General as to the route or 
routes or line or lines which should be adopted. As I stated 
awhile ao-o, however, when the conferees got together we found 
that we could not agree unless we receded from our provision. 

The bill carries something over $83,000,000 for Post-OHice 
purposes The Senate conferees did not believe that we could 
trifte on the subject and delay it very much by disagreements 
without endangering the passage of the bill. Therefore, so far 
as I was concerned, as one of the conferees, while I did not be- 
lieve in the House provision, I agreed to it for the purpose of se- 
curing the great object of the passage of the Post-Oftice appro- 
priation bill before this Congress should expire. _ 

There is much, however, in what Senators say in behalf of the 
line which is specified in the bill, and there is another sugges- 
tion I might make, which was made before when the bill was 
undr-r consideration in th'> Senate, which Is that the Coast Line 
has always hal this service heretofore, and while they had it 
thev failed apparently to carry out the provisions of the law in 
giving a fast mail. The result is that there has been confusion 
onthe subject. 

Mr. President, I hope that the conference report will be con- 
curred in, because the hours are becoming very brief in which 



we shall be able to get the appropriation bills passed. I have 
no sort of assurance that if the Senate should disagree to the 
conference report, wo should get one differing from the present 
report. Therefore, while the Senate may differ and may feel 
that the other provision wovdd have been hotter to have left the 
question entirely In the discretion of the Postmaster-General, 
yet it seems to mo that under all the circumstances the Senate 
ought to adopt the report a-j made by the conference committee. 
Mr. BLACKBURN. The question Is, whether this paragraph 
must be retained in the bill at all or not. It is the only appro- 
priation of this character therein made. The one line of rail- 
road which is to receive this fund, being the hoaeficiary of this 
itjm in the bill, is the only railroad in the country which re- 
ceives such assistance from the Government. It is for the Senate 
to determine whether or not this $195,000 shall be retained in 
the bill. That is the first question. Tlie second question is, if 
it is to be retained, which of the two contending roads shall 
have It? 

What is known as the Coast Line road, down the Atlantic 
coast, has had this appropriation for the last fourteen or sixteen 
years. The Post-Oifico Department did not favor it, and two 
years ago refused to make any recommendation or estimate for 
it; but it was put on by Congress unasked for. This time the 
Coast Line road declined to ask for It longer, and what is known 
as the Richmond and Danville system came in, making a request 
to be substituted for the former road. The Caast Line road 
seems to have changed its purposo quite recently, and now the 
two lines are here asking for this appropriation. 

It is simply a question, first, as to whether the appropriation 
shall be made at all: and secondly, if It shall bs made, which of 
these two lines shall have It. It Is believed, and I believe, in 
the light of the Interviews that I have had with the Superintend- 
ent of the Railway Mail Service and the Postmaster-General, that 
if no direction shall be given In the bill as to which of the two 
lines shall receive this appropriation, the Post-OlBco Depart- 
ment will probably accept that as an instruction from Congress 
to give it to the coast-line road. 

Mr. President, the most .important thing connected with the 
consideration of this paragraph of the bill, to my mind, Is the 
fact that the House of Representatives seems to be determined— 
and I speak as one of the conferees on the part of the Senali 
with reference to this bill— to adhere to the paragraph whirl 
fixes this appropriation upon the Richmond and Danville syslcn, 
as it came to us. 1 only apprehend that delay and trouble and 
danger will probably result from the Senate insisting upon its 
disagreement to that feature of the bill. For one, I shall voti' 
to sustain the provision in the bill as it came to us from the 
House. . . _,.„ ^, „ 

The PRESIDING OFFICER. The questionis, Will the Sen- 
at ■ concur in the report of the committee of conference? 

Mr. HAWLEY. Mr. President, the citizens of New England 
have more or less interest in this matter because of their in- 
numerable business and social connections with the whole series 
of Atlantic States. I should be glad to see some central line 
running down through that country like a spinal column of a 
fish, with innumerable spines branching out from It through that 
whole region. I, myself, should prefer ti leave it to the Post- 
master-General to arrange this matter according to his best 
knowledge and belief, so as to accommodat:; the whole people— 
sothat the rout3 may branch off towards .lacksonville or towards 

Tampa. , , , , • ,. 

I presume if we had a fortnight before us we should vote against 
this conference report. For the present 1 would rather leave the 
whole question open to the Postmaster-General. But I am go- 
ing to— I had almost said, without reference to right or wrong- 
vote to sustain the conference report. 

The PRESIDING OFFICER. The question is, WiU the Sen- 
ate concur in the conference report? [Putting the question.] 
The ayes seem to have it. 

Mr. PASCO. I call for the yeas and nays. 

The yeas and nays were ordered, and the Secretary proceeded 
to call the roll. . . , 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. Colquitt], and therefore with- 
hold my vote. 

The roll call was concluded. 

Mr. DAVIS. I am paired with the Senator from Indiana [ Mr. 
Tcrpie]. 

Mr. VILAS. I desire to announce that upon this question 1 
am paired with the Senator from Louisiana [.Mr. Caffery]. If 
he were present he would vote "yea," and I should vote " nay. 

Mr. CAREY. I Inquire whether the Senator from South 
Carolina [Mr. Irby] has voted? 

The PRESIDING OFFICER. He has not. 

Mr. CAREY. Then I withhold my vote. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



The result v/as announced — yeas 35, nays 25; 


as follows: 








YEAS-35. 




Allison, 




Dawes, 


Jones, Ark. 


Pu-;h. 


Berry, 




Felton, 


Jones. Nov. 


Ransom, 


Black'Durn, 




Frye, 


Lind.say, 


Sawyer. 


Briro. 




Gallinger, 


MePbcrson, 


Sherman, 


Butler, 




Gordon, 


Mills. 


Vest, 


CocUrell, 


> 


Hale, 


Mitchell, 


Voorhees, 


Coke, 


X 


Hawley, 


Morrill, 


Warren, 


Cullom, 


<u 


Hiscoclc, 


Palmer, 


While. 


Daniel, 


"O 


Huuton, 


Piatt. 








NAYS-25, 




Bate. 


03 


Gorman, 


Manderson, 


Slioup. 


Call. 


03 


Hansbrough, 


Paddock, 


StorUbridg 


Cameron, 


CO 


Harris, 


Pasco. 


Teller. 


Case.v, 




Higgins, 


Peffer, 


Washburn. 


Chandler, 


•♦— * 


Hoar, 


Perkins, 




Dulrois, 


o 


Kyle, 


Pettlgrew, 




Faullcner, 


McMillan, 


Proctor, 






Z3 


NOT VOTING— 28. 




AUlrieh, 


</> 


Da-^as, 


Irby, 


Stewart, 


Allen, 


IL— 


Dixon, 


Morgan, 


Turple. 


Blod.^ett, 


o 


Dolph, 


Power, 


Vance, 


Caffery, 


George, 


Quay, 


Vilas. 


Camden, 


Gibson, 


Sanders, 


Waltliall, 


Carev. 




Gray, 


Squire. 


Wilson, 


Cokiuitt, 




Hill. 


Stanford, 


W.il.-otl. 


So the confei 


ence report 


was concurred in. 





•24a> 



AGRICULTURAL APPROPRIATION BILI-. 

Mr. ALLISON. I now ask that the Senate proceed to the 
consideration of the conference report on the agricultural ap- 
propriation bill. 

The VICE-PRESIDENT. The report will bo read. 

The Secretary read as follows: 

The committee of e-'Ufr-reuce on the disagreeing yotes of the two Houses 
on the amendments of the Senate to the bill (II. K. 10421) making appro- 
priations for the Department of Agricttlture for the liseal year entiing June 
30, ISiM, having met. after full and free eonferoneo have agreed to recom- 
mend and do recommend to their respective Houses as follows: 
That the Senate recede from its amendment numbered 7. 
That the House recede from its disagreement to the amendments of the 
Senate numbered 1, 2, 3, 4. 5, 6, 8, 9, and 10, and agree to the same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 11, and agree to the same with an amendment as follows: 
In lieu of the number proposed insert ■■eleven; " and the Senate aisrea to 
the same. 

Th.'Lt the Hoitse recede from its disagreement to the amendment of th3 
Senate niunbered 12. and agree to the same with an amendment as follows: 
In lieu of the sum proposed Insert "$1.5.400; " and the .Senate agree to the 
same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 13. and agree to the same with au amcnilment as follows: 
In lieu of the number proposed insert ■• thirty-one;" and the Senate agree 
to the same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 14. and agree to the same with an amendment as follows: 
In lit u of the sum proposed Insert ■' S3r,'200;' and the Senate agree to the 
same. 

Th:it the House recede from its disagreement to the amendment of the 
Senate numbered 15, and .agree to the same with an amendment as follows: 
Strike otit •• one" and insert in lieu thereof ■■live:" anil the .Senate agree to 
the same. 

W. B. ALLISON. 
S.M. CULLOM, 
WILKINSON CALL, 
Managers on the par/ of t/ie Senate. 
W. H. HATCH, 
W. S. FOR^rAN, 
E. H. PUNSTON, 
Managers on Iheimrt of the House. 

The VICE-PRESIDENT. The question is, Will the Senate 
concur in the reijort? 
The report was concurred in. 

NAVAL APPROPRIATION BILL. 

Mr. HALE. I present the conference report on the naval ap- 
propriation bill, and ask for its present consideration. 

The report was read, as follow.'!: 

The committee of conterenco on the disagreeing votes of the two Houses 
on the amendments of the Senate to the bill (H. R. 1048S) ■■making ;ippropria- 
tlons tor the naval service for the Uscal year ending June 3ii. 1S94. and for 
other other purposes." having met, alter ttdl and tree conference have agreed 
to recommend and do recommend to their respective Houses as follows: 

That the Senate recede fro.-n its amendments numbered 8,3,7, 11. 14, 15, 
and 18. 

That the House recede from its disagreement to the amendments of the 
Senate numbered 1. 4. 8, 9. 10, 12, 13, 17, 80, 21, 23, 24, :H, 20, 27, -28. 29. :», and 31, 
and agree to the same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 5. and agree to the same with an aTnoiidmciu as follows: 
In lieu of the matter stricken out by said amendment insert ilie following: 
"And in time of peace the President may. in his discretion, under such rules 
and upon such conditions as he may prescribe, permit any enlisted man to 
pm^chase his discharge from the Na\'y or the Marine Corps, the amounts re- 
ceived therefrom to be covered into the Treasury;" and the Senate .agree to 
the same. , . . ,, 

That the House recede from its disagreement to the amendment of the 
Senate numbered 6, and agree to the same with an amendment as follows: 
Add at the end ol said amendment the following: 

" To be taken from the balances of appropriations on hand July 1. 1893, to 
the credit of armor and armament ot vessels heretofore authorized." 

And the Senate agree to the same. 



That 

Senate 
In line 
"nineti 
That 
S.-'> ■• 
Ii, 
11^ 



11: 



the House recede from Iw dlsagreemeQt to the 
numlvred Kt. and a^ee n th" s:trie i\-tth an am- 



pr 

In tlie , . 

tlUL':" ?. 

That in ;. 
ate uumheii 1 
.Strike out. in 
fifty. ' and In- 
Senate agree to lliusumu. 



ECGENK HALK 

W 11 \ I I I VI ,v 

A 
ManuQtr- 

II 

W 

c 
Managtrt ., , . 

The VICE-PRESIDENT. The quostion U on d ■ 
the conference rejiort. 

Mr. McPlIEKSON. Mr. President, I now wi»li i 
same request in rej,'ard to this report that I did v. !■ 
to th? conference report upon the legislative, o-xeet.- 
dicial appropriation bill. Will the Senator from 
Hale] ])!ease state in what condition the bill ; 
conforenc!' report? .\s I have already stated, i' -i 

follow the atnendiucnts as stated in the report, i , ^ ,. ■,» 

as read from the desk with the appro]>rlatlon bill aa it piusvd 
the Senate. 

Mr. H.VLE. The bill is substantially li'ft a.s It v. ,t 

passed the Senate. There wore many additiotin i:i i ■ 

Senate to the bill as it came from thi-' House, 
experiment station, the naval rradezvoua. and 
boats were the features of the Seiuito'.-i act"" . I 

been agreed to, with the cxooiition of oir ■ 

are agreed to be added by the House, whil' , _ I 

to tidd three. In other rospscta the confoi-unco hus toiiched 
nothing of any consequence. 

Mr. MCPHERSON. So it does not affect the Inci-ooso In th • 
Navy for manning ships':' 

Mr. HALE. That is all loft just as the Senate fixed It. 

Mr. McPHERSON. Thoro is no change with rospjct to !ho 
naval rendezvous? 

Mr. HALE. That is hili exactly as tho Senate put It. I now 
call for a vote on th j conference report. 

Tho VICE-PRESIDENT. Tho question Is on conciin-lng In 
the conference report. 

The report was concurred in. 

WILLIAM M'GARRAHAN. 

Mr. TELLER. I now move to take up Sonato bill '.\H\, known 
as tho MeGarrahan bill 

Mr. VILAS. 1 desire to ask the attention of the Senate for a 
moment to another matter. 

Mr. TELLER. Lot mc get this bill up first. 

Mr. VILAS. Very well. 

Mr. SHERMAN. Ueforc the bill is tak." ■" ' !■ -i- ■ V 

mit to the Senate and to tho .Senator fm: 

LER] tho proposition that wo jiroeecd to f 

House bills on the Calendar which have 

Otherwise very many of them will hove nn 

of them arc of minor interest, but at • 

viduals. I hope that that order wi!' 

clear the Calendar and pass upon suili ■. 

from the House of Heitresentativos. I bo; 

be made, the consideration of the bill to 

minute rule and subject to objection. 

Mr. VOORHEES. I have no ohji'etion to thiit. but I ••h«ii!d 
like an opportunity to transact n 
a matter in my hand I shoidd Hi 

Mr. TEfjLER. If lean tret im .w <.:i liuiiii ..m uj., iu. n I 
will yield for morning business. 

The VICE-PRESIUEXT. Tho bin ,i ill :..- v.-x.,n-.,:i In till.'. 

The SeCRF.TARV. .\ bill S 
Private Land (.'laims.estab i.-h' ■■ 

March A, 18!)1. tho title of Williiiiu ■■< 

Panoche Grandf. in the State of Cn r- 

poses. 

The VICE-PIIESIDEXT. The question ison tho motion m&io 

by the Se;iator fro:n Colorado that the Senate i>r.. il Ui ibo 

consideration or the bill. 



2496 



CONGRESSIONAL EECORD— SENATE. 



KlECH 3, 



Mr. MORRILL. Mr. President, I object to the consideration 
of this bill, as I know it will take up a large amount of time. I 
ask for the yeas and nays on the motion to proceed to its con- 
sideration. 

The yeas and nays were ordered; and the Secretary proceeded 
to call the roll. 

Mr. FAULKNER (when his name wascalled). On the subject 
of this bill I am paired with the senior Senator from Rhode 
Island [Mr. Aldrich]. 

Mr. WARREN (when hisname was called). Ihave a general 
pair with the Senator from Georgia [Mr. GORDON]. I under- 
stand bo would vote "yea" it pi-esent. I shall therefore ven- 
ture to vote "yea" in his absence. 

Mr. WILSON (when his name was called). I am paired with 
the Senator from Georgia [Mr. Colquitt]. Not being advised 
as to how he would vote on this question, I withhold my vote. 

The roll call was concluded. 

Mr. DIXON. I am paired with the Senator from Mississippi 
[Mr. Walthall], 

The result was announced— yeas 46, nays 8; as follows: 

YEAS— 46. 



Bate, 


_ 


Berry, 


X 


Blackburn(13 


Blodgett,-0 


Brice, 


c 


Butler, 




Call. 


n"> 


Cameron 


m 


Casey. 


<n 


Chandler 




Coke. 


.4—1 


CuUom, 


o 

03 




lo 


Mills, 


— ) 


Morrill, 


C/D 




L_ 


Aldrich, 
Allen, 


U. 


Allison, 




Caffery, 




Camden, 




Carey, 




Cockrell, 




Colquitt, 




Daniel, 





Dubois, 


Jones, Nev. 


Shoup. 


Felton, 


Kyle, 


Squire. 


rrye, 


Lindsay, 


Stockbridge 


UalUnger, 


McMillan, 


Teller. 


Gorman, 


McPlierson, 


Turpie, 


Gray, 


Manderson, 


Vance, 


Hansbrough, 


Mitchell, 


Voorhees, 


Harris, 


Petfer, 


Warren, 


Hawley, 


Pettlgrew, 


Washburn, 


Higgins, 


Piatt, 


Wolcott. 


Hiscock, 


Power, 




Hoar. 


Pugh, 
NAYS-8. 




Palmer, 


Perkins, 


Sherman, 


Pasco, 


Proctor, 


Vest. 


NOT VOTING-31. 




Davis, 


Hill, 


Sawyer, 


Dawes, 


Hunton, 


Stanford, 


Dixon, 


Irby, 


Stewart, 


Dolph, 
Faulkner, 


Jones, Ark. 


Vilas, 


Morgan, 


Walthall, 


George, 


Paddock, 


White, 


Gibson, 


Quay, 


Wilson. 


Gordon, 


Ransom, 




Hale, 


Sanders. 





So the motion was agreed to; and the Senate, as in Committee 
of the Whole, proceeded to consider the bill. 

Mr. TELLER. Mr. President, if I can do so without having 
this bill displaced, I desire to yield to several Senators who say 
they have moi'ning business which they desire to present. 

Mr. HARRIS. \ appeal to the Senator from Colorado and to 
the Senate to allow me at this time to ask the consideration of 
Order of Business No. 1388. It is a litta House bill of less than 
half a page in length, and appropriates thoimmensa suraof .^ije. 

Mr. TELLER. I will say to the Senator from Tennessee that 
I desii-e first to yield to the Senatorfrom Wisconsin [Mr. Vilas] 
for a matter that he desires to liave considered, and then I will 
yield to the Senator from Tennessee, if the consideration of his 
bill will lead to no debate. 

Mr. HARRIS. If it leads to debate, I shall not ask the in- 
dulgence of the Senator or of the Senate. 

Mr. SHERMAN. Before that is done, I desire to give notice 
to the Senator from Tennessee that I propose to move an order 
to act upon all House bills in their order, under the five-minute 
rule, and then undoubtedly his liill and others will pass. 

Mr. HARRIS. I beg to state, however, if the Senator will 
allow me, that this is a House bill with a Senate amendment, 
and it has to go back to the House. It is, therefore, very im- 
portant that it be actid upon at the earliest possible moment. 
That is the only reason why I ask the indulgence which I have 
asked. 

STATUE of Pi;RE MARQUETTE. 

Mr. VILAS. By leave of the Senator from Colorado, I pre- 
sent a joint resolution of the Legislature of Wisconsin, asking 
for concurrence of the Senate at this session in the resolution 
passed by the Housa of Repr,;sentatives giving the consent of 
Congress' to the erection in Statutary Hall of a statue of Pere 
Marquette, the illustrious missionary who explored the West at 
a time when there was no East and w*lien there was no West, 
and who has left his bones upon that Western soil. 

Mr. President, this resolution is but supplementai'y to one 
which was passed some years ago by the Legislatui'e of Wiscon- 
sin. The resolution as passed by the House of Representatives 
was simply in accordance with the request of the people of the 
State. The present Legislature has reiterated that request. It 
has been delayed in ti-ansmission hither. Therefore it comes at 
a late day. 

I understand that the subject has been considered already by 



the Committee on the Library, which has the House resolution 
in custody. I ask that the resolution may be referred to that 
committee, and I have the hope that there will be an immediate 
report thei'eon. If so, I trust the Senate will give tmanimous eon- 
sent to immediate consideration of the Houss resolution, which 
will require but one minute of time. 

I ask that this resolution ba printed in the Record. 

There being no objection, the resolution was ordered to be 
printed in the Record, as follows: 

Joint Resolution. 

Whereas, by section 1817 of the Revised Statutes of the United .States, each 
of the States'ls invited to provide and to present to Congress for erection in 
the old hall of the House of Representatives at Washington marble or bronze 
statues of one or two of its deceased residents who have been illustrious for 
their historic renown or their distinguished civic or raililary services such 
as the State shall determine to be worthy of this national commendation; 
and 

Whereas, by chapter 614 of the laws of Wisconsin for the year 18S;, it was 
enacted that P^re Marquette be designated by the State of Wisconsin as one 
of such persons, and thegovernor was authorized and directed to huve placed 
in the hall of the said House of Representatives a statue of Pere M:irLiuette, 
the faithful missionary whose work among the Indians and explorations 
within the borders of the State in the early days ara recognized all over the 
civilized world; and 

Whereas, to remove a technical objection, the House of Representatives 
did. on the 8th day of April. 1892, uaanimously pass the following re solution, 
introduced by Mr. Mitchell of Wisconsin: 

liesAved by the Seriate and House of Representatives of the Utdted States of 
America in Congress assenMed, That the State of Wisconsin be, and is hereby, 
authorized and granted the privilege of placing in Statuary Hall at the Cap- 
itol the statue of P6re Marquette, the faithful missionary, whosi work 
among the Indians and explorations within the borders of said State in early 
days are recognized all over the civilized world: which resolution is still 
peiiding before the Senate of the United States: Therefore, 

Be it resolvedby the sena'e {the assembly eoncurring) . That our represeat,atives 
in the United States Senate be, and they are hereby, earnestly requested to 
secure the passage of said resolution before the close of the present session 
of Congress, so that the will of the people of Wisconsin, as expresse;! by law, 
may be made eCTectlve. 

liesoleed. That the governor be, and is hereby, requested to forwar I a copy 
of these resolutions to our Senators and Representatives In Congi-oss. 

R. J. MACBRIDE, 
President of the Senate pro tempore. 
ED. KEOGH, 
Speaker of the Assembly. 

Mr. VOORHEES. By the kindness of the Senator from Col- 
oi'ado I desire to state that I am authorized by the Com nittee 
on the Library to report the joint resolution which has just been 
referred to by the Senator from Wisconsin, and which has 
already passed the House. I ask for its immediate considera- 
tion. 

The motion was agreed to; and the Senate by unanimous con- 
sent, pi'oceeded to the considei-ation of joint resolution (H. Res. 
107 1 authorizing the State of Wisconsin to place in Statuary 
Hall at the Capitol a statue of Pere Marquette. 

Mr. VOORHEES. Let the joint resolution be reported. 

The VICE-PRESIDENT. The joint resolution will be re- 
ported. 

The Secretary read as follows: 

Rtsolred, etc.. That t!io State of Wisconsin be. and is hereby, authorized 
and gr;tnted the privilege of placius in Statuary Hall, at the C:ipitol, the 
statue of Pere Marquette, the faithful missionary, who.so work among the 
Indians and explorations within the borders of said State in early days are 
recognized all over the civilized woili 

The VICE-PRESIDENT. Is there objection to the present , 
consideration of the joint resolution? I 

Mr. HOAR. Is this intended to be in lieu of one of the statues • 
provided by the State of Wisconsin, or in addition thereto'? 

Mr. VILAS. It is one of the two. 

Mr. HOAR. The resolution does not .so state. 

Mr. VILAS. The resolution of the State Legislature is more 
specific. 

The Senate, as in Committee of the Whole, proceeded to con- 
sider the joint resolution. 

The joint resolution was reported to the Senate without amend- 
ment, ordered toa third reading, read the third time, and passed. 

J. P. RANDOLPH. 

Mr. HARRIS. I now renew my request to the Senator from 
Colorado and to the Senate to be allowed to have considered this 
little bill, House bill 1^31. 

The VICE-PRESIDENT. Does the Senator from Colorado 
yield for that purpose? 

Mr. TELLER. I yield for that purpose. 

By unanimous consent, the Senate, as in Committee of the 
Whole, proceeded to consider the bill (H. R. 1231) for the relief 
of J. P. Randolph, administrator of J. G. Randolph, deceased. 

The bill was reported from the Committee on Claims with an 
amendment, in line 0, after the words "sum of," to stiike out 
" three hundred and ninety-one dollars and seventy-five 'and to 
insert "two hundi'ed and forty-six dollars and seventy," and in 
line 10, after the word "war," to insert "and to be received in 
full satisfaction of said claim;" so as to make the bill read: 

Pe it cnueled. etc.. That the Secretary of the Treasury be, and he is hereby, 
authorized and directed and to pay to J. P, Randolph, of Chester County, 



1893. 



CONGRESSIONAL RECORD— SENATE. 



•i497 



Tenn., administrator ot J. G. Randolph, deceased. Ihe suni of ?2-li5 70, out 
of any money m the Treasury not otherwise appropriated, the same be- 
ing for subsistence supplies furnished the United States durlnt the late war 
and to be received In full satisfaction of aaid claim. ^ ••-'■'. "<" 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the 
amendment was concurred in. 

The amendment was ordered to be engrossed and the bill to be 
read a third time. 

The bill was read the third time, and passed. 

Mr. HARRIS. I move that the Senate ask for a conference 
with the Hotise on the bill and amendment. 

The motion was agreed to. 

By unanimous consent, the Vice-President was authorized to 
appoint the conferees on the part of the Senate, and Mr. Pasco, 
Mr. Mitchell, and Mr. Daniel were appointed. 

DUTIES ON FLAX MANUFACTURES. 

Mr. HISCOCK. I present a report by direction of the Com- 
mittee on Finance, which I will withdraw if there shall be any 
objection to or discussion upon it. 

Mr. TELLER. If we are to go on with the consideration of 
the McGarrahan bill I do not think it is fair to yield to every- 
one. 

Mr. HISCOCK. If there is any discussion I will agree to with- 
draw the bill I wish to have considered. 

Mr. TELLER. I ask the Senator from New York to withdraw 
it now. Let us go on with the consideration of the McGarra- 
han bill and dispose of it. The Senator from New York will 
have plenty of time hereafter. 

Mr. SHERMAN. I mean, as soon as I can, to submit to the 
Senate the question whether or not it will proceed to the con- 
sideration of the House bills to which I have referred. There 
are twelve or fifteen of them, mostly concjrning small matters. 
I propose that they bo considered under the live-minuto rule, 
commencing exactly where we last left off. I appeal to the Sen- 
ator from Colorado to allow this to bo done without displacing 
his bill. It will take but a little while. I make the motion now 
because the engrossing clerks will be compelled to engross what- 
ever bills are passed, and there must be some time afforded them 
for that purpose. Twelve hours is short enough. I believe we 
can finish their consideration in half an hour. Let the bills be 
reported to the Senate subject to objection as they are called. 
I make that motion. 

The VICE-PRESIDKNT. The title of the bill reported from 
the Committee on Finance by the Senator from New York [Mr. 
Hiscock] will be read. 

The Secretary. A bill(H. R. 10.351) to continue the duties on 
certain manufactures of llax at the rate now provided by law. 

The VICE-PRESIDENT. The Senator from New York [Mr. 
Hiscock] asks for the present consideration of the bill. Is 
there objectiony 

Mr. TELLER. Let it go to the Calendar. 

Mr. SHERMAN. I will make my motion, as suggested by 
the Senator from Colorado [Mr. Teller], so as to avoid dis- 
placing his bill. 

Mr. GORMAN. I trust the Senator from Colorado will agree 
with the Senator from Ohio in regard to this matter. It will 
not take more than half an hour to dispose of all the House bills 
on the Calendar without objection. The motion only refers to 
bills which are not objected to. 

Mr. SHERMAN. Subject to the five-minute rule and subject 
to objection by any Senator. 

Mr. TELLER. I desire to say that I have called up this Mc- 
Garrahan bill and it is now before the Senate. If the Senate 
desires to take up thc?e bills I shall not olTcr any objection to 
taking half an hovu' for the purpose suggested. I do not know 
ijut other Senators may object, but I have no right to farm out 
the time of the Senate, and I do not propose to claim any such 
right. 

Mr. HILL. Will the Senator from Colorado yield to me? 
'Mr. TELLER. I do not think I ought to parcel out the time 
of the Senate at this late hour of the session. I have yielded the 
Hoor for morning business, but I do not want to yield it for any- 
thing else. 

Mr. HISCOCK. I ask imanimous consent for the considera- 
tion of the bill I have named. 

Mr. TELLER. I object now. I desire to say with reference 
to this bill that if it should prevent the passage of other bills 1 
should not insist upon keeping it before the Senate, but I think 
it can be disposed of in a reasonable time, and then these other 
matters oiin be disponed of. I ask that these bills be taken up, 
and we can go along. 

Mr. SHERMAN. I know that bill will give rise to some de- 
bate, and I ask unanimous consent of the Senate that, without 
displacing the pending bill, we devote a half hour to the con- 
sideration of House bills, subject to the five-minute rule, and 



subject to objection, commencing where we last left off, so that 

we shall not bo going back on the ("al. iidai 

Mr. GOR.MAN. I am very gla-1 . .hio 

has made that suggestion, "it is l ..^n 

dispose of ilie billh whioh are ou tiii- ( .,'.. uc-^- una 1. 
engrossed between now and to-morrow. I trust ho ^ 
unanimous consent. 

Mr. HILL. I fuel constrained to object 

The VICE-PRESIDENT. The S. na'.u- fr,.,n X. ,v V,.,'k ■\f,. 
Hiscock] has reported from tlie i 
the title of which has bjon ri's-l 
consent that the Senate pro.-.- ! .aMil-rn'^ui' 

Mr. BERRY. Is that a S. a_iu-ia..ui.. 

The yiCK-PKKSIDKNT. K ,se bill. U th-r. ui.joc- 

tion to the consideration of that bill? 

Mr. SHKRMAX. What bill is tt.if 

TheVICE-PRESIDE.NT. Itwi 

The Secretary. AbilKH.K. . .,ie» 

on certain manufactures of ttax at the rate uow uroviacU by 
law. ■" 

Mr. MILLS. I object. 

The VICE-PRESIIJF.NT. Objection U inado. The bill will 
be placed on the Calendar. 

Mr. HISCOCK. I withdraw the roi>ort under tho mulioa of 
the Senator from Ohio (Mr. Siierman'I. 

Mr. FRY K. Not motion? 

The VICE-PRESIUKNT. Tho Chair understood Ihnl It wm 
a motion. 

Mr. FRYE. No: the S.-nator from Ohio asked unaalmouH coo- 
sent. 

The VICE-PRESI DENT. Is thoi-o objection to the rvijuom of 
the Senator from Ohio? 

Mr. HILL. I am entirely willing, do far um I am conucrnod, to 
consent if a certain time is lixed. 

Mr. SHER.MAN. 1 said thirty n/ ' 

Mr. HILL. That is perfectly sir 

The VICEPRESIUENT. Is th. 

Mr. TELLER. If that is agr.iii ,,nly 

do not object, with tho undorstan . . tU 

placf. 

Tho VICE-PRESIDENT. Tho Chair hoars no objocllon. 
The Calendar will now be taken up under Uiilo VIII. 

HILLS passed ovkh. 

The bill (II. R. lOKi:)) to amend an m-t ■•ntitlod 'An :v 
ulate commerce," approved February I, l'^'*;. was ann 
the lirst in order on tho Calendar. 

Mr. GORMAN. Let the bill go over imdor Uulo IX. 

The VICE-PUESIDENT. It will go over ■•■■ <'.■•<■ ' v 

The bill (H.R.<J022) to amend section 4.">J . ^:al- 

utes relating to the District of Columbia, •( ,on- 

veyancc of real estate, was announced a-i next lu wrdor. 

The VICE PRESIDENT. The bill will bo read ol longlh. 

The bill was read. 

Mr. HOAR. 1 should like to have that bill read a^raln.* 

The VICE-PRESIDENT. It will be Ufialn road. 

The bill Wivs re;id. 

Mr. HOAR. I object. 

The VICE-PRESIDENT. Objection being made, the bill will 
go over. 

The bill (H.R. 10(142) to amend an a<-t entitled •■ \ 
ulatc commerce," ap|)roved February 4. ixsv.non- 
2, 1.SS9, was announced as next in ordei-. 

Mr. SHER.MAX ami Mr. (iOR.MAN. Lot that ro over. 

The VICE-PRESIDENT. Being ot)jocti>d to, thu bill will po 
over. 

NORFOLK AND \VE.STERN RAILUOAM 

The bill (H.R. :!.")!•!) to authorize tho Norfolk nnU Wo'-torn 
Railroad Company to extend it« line of road Into and within tho 
District of Columbia, and for other puri)O90K, wan manounoiHt M 
next in order. 

Mr. GORMAN. I object to the . ..... 

Mr. DANIEL. I hope 1 may b .m- 

sideration of tho bill. 

Mr. (JOR.M.VN. Wc an- pnucc-dlng bv unanlm I. 

Mr. DANIEL. I move tho consideration of th< • Mng 

the Norfolk and Western Raili-ood toeat.t>rlhocltyof Waahing- 
ton. 

Mr. SHER.MAN. That mi.- ' ■liiKllme, 

because the S-nate is iiriic.'.i 

The VICE-PRES1I»KN T. - aUea to 

proceed to the consideration ■ 

Mr. SHERMAN. Th ^ Sen.r r - not now In order, 

though it would be i.mler the ordinary ruli-nof the Senate. 

Mr. DANIEL. What length of lime will the spc.-lal ordor 
consume? 



XXIV- 



-157 



2498 



CONGRESSIONAL RECOED— SENATE. 



Maegh 3, 



Mr. SHERMAN. Thirty minutes. 

Mr. DANIEL. I hope I may be thoa i-ecog-nizod. 

TRINITY RI\'ER NAVIGATION COMPANY. 

The bill {H. R. 9502) to authorize the Trinity River Navigation 
Company to open to navigation the Trinity River, in the State 
of Texas, v«as announced as next in order. 

Mr. MILLS. I ask that that bill may be passed over intor- 
mally until my ooUea-^ue [Mr. Coke] comes in. It is his bill, 
and he is familiar with it. 

Mr. FRY J'l The Senator's coUeag-ue is very anxious that this 
bill should pass. 

Mr. MILLS. I know he is; and I merely ask that the bill may 
be temporarily passed over until he comes in. 

The VICE-PRESIDKNT. The bill will be passed over for the 
present. 

OKLAHOMA MIDLAND RAILWAY COMPANY. 

The bill (H. R. 10146) to authorize the Oklahoma Midland Rail- 
way Company to construct and operate arailway. telegraph, and 
telephone line through the Indian and Oklahoina Territories, 
and for other purposes, wa.^ announced as next in order. 

Mr. SHERMAN. A number ot amendments have been re- 
ported to that bill. I think, therefore, it had batter go over. 

Mr. PERKINS. lam anxious to have that bill considered; 
but as it is long its reading would occupy some time. If I can 
be accorded I'eeognition at some convenient time, if that time 
ever occurs. lam willing the bill shall be passed over temporarily. 

The VICE-PRESIDKNT. The bill will be passed over. 

GEORGE M. HENRY. 

The bill (H. R. 1422) for the i-elief of George M. Henry was 
considered as in Committee of the Whole. It directs the Sec- 
retary of War to remove the charge of desertion from the name 
ot George M. Henry, late of Company M, Fifth United States 
Cavalry. 
The bill was reported to the Senate without amendment, or- 
red to a thii-d reading, read a third time, and jiassed. 



DISTRICT STREET RAILROADS. 

The bill (H. R. 812.5) to provide for the regulation ot the ecjuip- 
ment and operation of street railroad lines within the District 
of Columbia by the Commissioners of said District was announced 
as next in order on the Calendar. 

Mr. GOR.MAN. There is a motion already made by myself 
to I'ecommit that bill. Lot it go over. 

The VICE-PRESIDENT. The bill will be passed over. 

DANIEL ELDRIDGE. 

The bill (H. R. 5519) for the relief of Daniel Eldridge, Com- 
pany D, Fifteenth Illinois Volunteers, was considered as in Com- 
mittee of the Whole. It directs the Secretary of War to cause 
the charge of desertion to be removed from the record ot Daniel 
Eldridge, late a private in Company D, Fifteenth Regiment Illi- 
nois Volunteers, and to cause to be issued to him an honorable 
discharge. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

GEORGE W. SCHACHLEITER. 

The bill (H. R. 4071) for the relief of George W. Schachleiter 
was considered as in Committee of the Whole. It directs the 
Secretary of War to remove from the record of George W. 
Schachleiter, late ot Company G, Seventy-fourth Regiment of 
Pennsylvania Volunteer Infantry, war of 1861, any charge of de- 
sertion which may exist against him as a member of that com- 
pany and regiment, and to issue to him a certificate of honorable 
discharge, lo data July 25, 1865: but no pay, bounty, or emolu- 
ments shall become due by virtue of the provisions of this act. 

ELLIS P. PHIPPS. 

The bill (H. R. G212) granting an increase of pension to Ellis 
P. Phipps, late lieutenant in Company A, Twelfth New Jersey 
Volunteer Infantry, invalid certificate No. 35619, was announced 
as mxt in order on the Calendar. 

Mr. BERRY. I wish to inquire ot the Senator who reported 
the bill it there is any good i-eason why the pension in this t'aso 
should be increased to $50 per month? I do not like to object to 
the bill. 

The VICE-PRESIDENT. The Senator from Minnesota [Mr. 
Davis], who reported the bill, is not in the Senate at present. 

Mr. GALLINGER. This bill was i-eported by the chairman 
ot the committee, and I presume he attended to it. Perhaps the 
reading of the report, it it is not too long, will answer the Sen- 
ator's purposes. 

Mr. HARRIS. Let it go over, Mr. President. There is no 
time to read reports now. 

Mr. BERRY. Before the bill goes over I desire to make a 
few remarks. I simply wish to say that if this is a meritorious 



case I do not desire to object to it, but the effort seems to be 
continually not only to put every one possible on the pension 
I'oUs, but to inci'ease the pensions of those already on the rolls. 
I am unwilling to increase the pension of anyone to $50 a month 
unless there is good reason for doing so. 

Mr. GALLINGER. I would say that it is not the policy of 
the Committee on Pensions either to pxit everybody on Ihe pen- 
sion rolls or to increase the rate of pension to those on the rolls. 
We try to report only meritorious cases, and I su])poso this is 
one. 

Mr. BERRY. My observation is that the effort has been to 
put as many as possible on the pension rolls, and appeals are 
continually coming here for increa=ed pensions. If the Senator 
from New Hampshire is unable to give any reason for the in- 
crease then I object to the bill. 

The VICE-PRESIDENT. The bill will be passed over. 

Mr. BERRY subsequently said: I objected to the considera- 
tion of the bill (H. R. 6212) granting an increase of pension to 
Ellis P. Phit5ps, late lieutenant in Company A, Twelfth New 
Jersey Volunteer Infantry, invalid certificate No. 35719. The 
Senator from Minnesota [Mr. Davis] assures me that the bill as 
it came from the other House was for $72 a month; that it was 
cut down by the Senate committee to $50 a month; that it 
amounts to an inci'ease of only S5 a month, and that the man is 
absolutely helpless. In view of that statement I withdraw my 
objection to the jiassage ot the bill. 

The bill was considered as in Committee of the Whole. It pro- 
poses to place on the pension roll the name of Ellis P. Phipps, 
late lieutenant Company A, Twelfth Regiment New Jersey Vol- 
unteer Infantry, and pay him a pension of $50 per month, in lieu 
of that he is now receiving. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

MAUD CASE. 

The bill (H. R.7306) to pension Maud Case, of Dodge County, 
Minn., was considered as in Committee of the Whole. It pro- 
poses to place upon the pension rolls the name of Maud Case, the 
dependentand to tally blinddaughtcrof HezekiahCase, deceased, 
late private of Company H, Thirty-third Wisconsin Volunteers, 
at $12 per month. 

The bill was reported to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

CHARX,ES H. BEHXiE. 

The bill (H. R. 6554) to remove the charge of desertion against 
Charles H. Behle was considered as in Committee'of the Whole. 
It directs the Secretary ot War to remove the chai-ge of deser- 
tion against Charles H. Behle, a former musician of Company 
K, One hundred and eighth Ohio Volunteers, and issue to him 
an honorable discharge from the Army. 

The bill was repoi-ted to the Senate without amendment, or- 
dered to a third reading, read the third time, and passed. 

DISTRICT BOARD OF CHARITIES. 

The bill (H. R. 9873) to create a board of charities, etc., in the 
District of Columbia was announced as next in order on the 
Calendar. 

Mr. HARRIS. I ask that the bill go over. 

The VICE-PRESIDENT. The bill will be passed over. 

WASHINGTON, BURNT MILLS AND SANDY SPRING RAILWAY. 

The bill (H. R. 9956) to incorporate the Washington, Burnt 
Mills and Sandy Sjiring Railroad Company was announced a- 
next in order. 

Mr. JONES of Arkansas. Let that bill go over, retaining its 
placg on the Calendar. 

Mr. McMILLIN. Has that been objected to':' 

The VICE-PRESIDENT. It has been objected to, and will be 
passed over. 

Mr. JONES of Arkaa.sas subsequently said: Mr. President, a 
few moments ago I objected to the consideration of House bill 
9956. I desire to withdraw the objection. I have no objection 
to the bill being taken up. 

The Senate, as in C!ommittee of the Whole, proceeded to con- 
sider the bill (H. R. 9956) to incorporate the Washington, Burnt 
Mills and Sandy .Spring Railway Company. 

The bill was reported from the Committee on the District of 
Columbia, with amendments. The first amendment was, in 
section 1, line 22, after the word "along," to strike out "cither 
of;'' in the same line, after the word "following," to strike out 
"routes" and insert "route;"' inline 23, after the word" point." 
to insert "to be located by the Commissioners ot the Distriel 
of Columbia;" and in line '29, after the words "Sargent road." 
to insert "by such route:" so as to read: 

\ud said corpor.ition is hereliv anthorizea to lay out. locate, construct, 
furnisli, maintain, operate, ana on.1oy a contlnaou.s single or dov.ble track 
passenger ana freight railway, and a telegraph line, irtth all the necessary 



1893. 



CONGRESSIONAL RECORD— SENATE. 



•i.Vil 



came to Congress and asked this grratiiity, if it be a ffratuitv 
and Congress, sensible of the fact that the Exposition had Town 
beyond all anticipated proportions, made this legislatioS, and 
g-ave this money. 

■ ^^': j^IcPHEKSON. Will the Senator permit me a question 
right therey ' 

Mr. LINDSAY. Certainly. 




seen 
had 



gentlemen of its own, appropriate;! $2,'j00,000, they did not put 
it wiihin the control of their own Commission, but gave it to 
the local commission in Chicago? 

Mr. LINDSAY. It is a fact; and the act of Congress shows 
that the money was turned over to the Chicago E.vposition Com- 
pany, every dollar of it. 

That before the .Secret.ary of the Treasury shall pay to the WorWa Co- 
lumbian Exposition any part of the said 5,000.(H)3 stiver coins, satisfactory 
evidence shall be furnished him showing that the sum of at least tlO.OOO.OO) 
has been collected and disbursed as renuired by said act. 

Mr. Mcpherson. I thank the Senator for the information. 
If it can be poisiblo that I have sat here in my seat and 
all this done I think it is time the State of New .Tersey 
another Senator in my place. [Laughter.] 

Mr. LINDSAY. That is a questfon which the Senator can 
decide much better than I can. [Laughter.] 

Mr. Mcpherson. The senator from New Jersey has de- 
cided it for himself. I think the State of New Jersey had better 
change at once their Senator if the Government of the United 
States, with a commission of its own for the purpose of controll- 
ing the disbursement of the money a])proi)riatcd out of the pul> 
lie Treasury, has given $2, ,100, 000 to a local commission, which 
money did not pass through the hands of its own commis.xion; I 
think it is high time that somebody should begin to stop appro- 
priations here. 

Jlr. LINDSAY. Of course that comment ia not addressed to 
me, and I shall not undertake to reply to it. [Laughter.] 

Here we have this act of Congress, which gives $2,.'>00,000, or 
rather two and a halt million souvenir coins to the local exposi- 
tion, and does not place a dollar of it under the control of th.; 
National Commission. It made this gift, it it be agift. upon con- 
ditions which the Senator from New .Jersey could not have mis- 
understood if he took pains to road the act of Congress before 
he voted for it. The only condition upon which this appropri- 
ation was made as set out in section 2 of the act, is as follows: 

That the appropriation provided In seriion 1 ot this act shall bo njiou con- 
dition that the said Worlds Columbian Exposition maintain and pav all the 
expenses, costs, and charges ot thegreat dcpanmcnts organized for'thi' pur- 
pose of conunctinij; the work of the Kxpositlon, saiil expenses, costs, and 
charges to be paid out of the funds of ih" World's Columbian Kxpositlon. 

Another condition was that the gates of the E.xposition should 
not be kept open on Sunday. Not a dollar of this fimd was 
])laced to the creditor under the control of the National Com- 
mi-sion, and there is notadoUarembraced in the ap))ropriation8 
now proposed to be made, as I understand them, that is to bo 
devoted to either one of the things nominated in the conditions 
attached to the act of 1 892. 

So the Commission is here asking for money to enable it to ex- 
ecute the duties imposed upon it by law, and the Senator from 
New .Tersey says he will not vote that money even though the 
want of money compels the Governaient to violate its faith with 
the nations of the world because inadvertently two and a half 
million dollars were appropriated in aid of the E.'cposition com- 
]">any a year ago. 

Mr. MCPHERSON. Oh, no: thT Senator will not charge me 
with that. The Senator will perceive that I had su])posed all 
the appropriations made by Congress wore turned over properly 
and naturally, as I presumed they would ba, into the hands of 
the Government's own Commission. If we were to have the as- 
surance time after time when the first appropriation was made 
of a million and a half of dollars, when the second appropriation 
was made of two and a h-ilf million dollars, and that was all we 
were to be asked for, I wnuld suppose that wo ought then to 
have trusted our Commission. But the Senator explains the 
matter. He says that tho two and a half million dollars were 
not placed under the control of tho Columbian E.xposition. 

Under circumstances of that character, if the World's Colum- 
bian Exposition are committecj in any way as officers ot the Gov- 
ernment and as representing the Government for any amount of 
money to the extent of a million dollars, I would vote for an ap- 
propriation for that; but if you had receiv(-d as a part of the 
Columbian Exposition two and a half million dollai's, as I sup- 
posed yoa had, with a promise, with the understanding that you 
would not require any more, I would then like to know why you 
require more now? 

Mr. LINDSAY. I understand now that tho mistaken assum)> 
tion of fact made by the Senator at the outset having been rc- 



mo\ed, he and I now stand togoiher-both of us in f«v..,-..( ...^ 
propnating money enough to enable t 
to keep the faith of the Government— l. 
ceed no further. 

mation 1 nave ever been ui... ... . . ;. . < . 

ever that the Nat ional ( 

appointed by tho Gov.-n 

half million dollars. I ha-.! 

money appropriated by th" i 

our own (.'omnii.ssion an! 

cept through thuir ug. 

true, if we have made'ii ..• , , i 

dollars, that is somethin"' 1 .' """ 

Mr. LINDSAY. Still I ni:. 
Senator and I have got on to ..uiii! 
in favorof onablingtho Nationiili . 
the Government. If wo liave, I n. 
chairman of tho Committo • on .At 

beyond all doubt that not u dolla „..>v j ,, .,, ,, ,,,,.,,\. 

priau-d goo.s to the Chicago Exiiosltlon oomponv or ini»*.» un- 
der its control. ' 

Those appropriution.s aro intcndi'd (<■ 
Commission until the Kxpositio-i i\\:\\\ ■ 
to pay the ollicors and Mf 
to enable tlie Nati"nal i 
the awards made to doiii..-ii, ,i,iu 
true, then I do not well see how w, 
refuse to vole to insist ujion tho pi'. .:. .. ... . .. ,., ^,.,. v ..,,,,,,,. 

tee on Appropriations. 

Mr. McPHKK.SON. May I oak the .hnlrmnn of Uie Com- 
initlce on Appropriations wlio is to hu\ iidltunj of Ibo 

money appropriated in tin- hill for thii- 

Mr. ALLISON, The *2iil,0(Miappr..i. 
of the Government ■•.xliihlt i.j under tlr 
of the Treasury. That is to Im' tlii' app 

Mr. McPIlEI{.SON. One momc-nt. !' .« 

ho goes along. Through whom will th. ;.j«ji- 

ury expend tliis money, through tho Columbmn kxiMwition •p- 
pointed by tho Government? 

-Mr. ALLISON, U will !).• • .,»„ 

a-s ti'.c Hoard of Control, wli r In 

each of the Departments of ti.. i .,...,,,,,, ,., ,, ' lunlan 

Commission and the local Expo-'ltion Imard will hnvo nn ronlrol 
over any part or parcicl of it. 

Mr. McPHKUSON. Now, am to the next iipproprlntlon? 

Mr. ALLISON. Tho next appropriation Is for tho ivitiij . n-a- 
tion. salaries, and incidental e\]M>nseH of tiM-C'olumbiaiM 
sion. which is the Government control at I'lilcajro. I': 
governmental commission ther,> is a ^ ' • 

which has the imnu'd late control of all ! 
the appointment of thf jurors and jiul 
be t ween oxhibitorstheirrespoo live men 
of ihose jurors ispraclically aslixedami. 

is the comix?n.sation of tho pages on this llo«<r or tho Svaaiairn iu 
this body. 

There is no chance and no oppn: • " ■ •' In- 

tent or purpose, to defraud in tho - . rn- 

ment of the Unite 1 .States in the- 
doubt that every dollar of them, as 1 I" 
has hitherto been ap|)ropriatcd under 1 1 

gross, has been faithfully, most honestly, and luonl uf ii uxTfully 
expended. 

Mr. Mcpherson. I do not want tho Senator to mnko a 
speech in answer to the question as to who Is to pxp<>nd tho 
monej-. 

Mr. ALLISON. I do not wish to int Tforc wit' .•or. 

Mr. Mcpherson, ishouid Ukoio i>i,..w a- ■ .of 

these appropriations whether tho nl' -punBihiiiiy U 

vested in the hamis of the Cobimhinn ]'•• 

Mr. ALLI.SON. The i 
a sense (excepting the Ii: 
Columbian Commission, iii- 
But the expenditures of the < 

details are suporvise.l and cor ., 

of the Treasury, as are all th.> expenditures of this Govoro- 
ment. 

Now, if the .Senator will ali' 
wish to occupy time, nor do I 

but it is absolutely neees.sary iumi iu.' u im ■ npni tm- •. • -uon 
should bo limit 'd to the sm.iUest practieible time, oonsldorlnif 
the importance of the subject. 

Mr. McPHEHSoN. I do not think the deh.ile h» inv 

particular injury to anytwdy. It hns revealed a i:<. Ich 

to me is a most iistonishing one. I do not thi - of 

the Unittrd States had any intention to do - Ijo- 



2522 



OONGliESSIONAL RECORD— HENATE. 



Maech 3, 



iieve that there is a Senator around me who will say for a single 
moment that it was his intention to vote for an appropriation of 
two and a half million dollars that was to be expended by any- 
body except the commission appointed by the Government of 
the "United States. 

Now, the distinguished Senator from Kentucky, also a mem- 
l)cr of that commission, for the iii'st time throws some light 
upon the history of this whole transaction, and we find that in- 
stead of giving over to our Columbian Exposition two and a half 
million dollars, as we supposed we had, out of which I understand 
the local board at Chicago have realized $5,0Ut),000, we find that 
tliey have had nothing at all to do with it. I want to know 
where the blame rests'? Perhaps it may rest with every mem- 
ber of the Senate who has not investigated this question and 
knows nothing about it, for certainly I did not believe for a mo- 
ment that it would have any such effect. 

Mr. TELIjER. Will the Senator from Now .Jersey allow me 
to make a suggestion to himV 

Mr. MCPHERSON. I will. 

Mr. TELLER. If the Senator had read the act when wo were 
passing it he would have seen that the city of Chicago had con- 
trol of this. He seems to think it is a discovery he has made 
now. Everybody knew that before. 

Mr. Mcpherson, n anybody knew it before 

Mr. CHANDLER. If the Senator will allow me 

Mr. HARRIS. I rise to a parliamentary inquiry. 

The VICE-PRESIDENT. The Senator from Tennessee will 
state his parliamentary inquiry. 

Mr. HARRIS. Is this the conference report which was ex- 
cepted from the five-minute rule'? 

The VICE-PRESIDENT. The Chair does not understand that 
this conference report came under the agreement entered into. 

Mr. HARRIS. There was an agreement as to all conference 
reports, the debate to be limited to live minutes and each Sena- 
tor to sijeak but once, except as to one conference report. 

The VICE-PRESIDENT. The Chair understands that the 
Senator from Iowa excepted the bill now under consideration. 

Mr. HARRIS. I knew that one was excepted. I simjjly 
wanted to know if this was that one. 

The VICE-PRESIDENT. Will the Senator from Iowa state 
his \uiderstanding'? 

Mr. ALLISON. I am not prepared, without having the notes 
before me. to say precisely what the final understanding was. I 
intended tnat it should cover all the conference reports except 
the report on the deficiency appropriation bill. 

M r. CULLOM. I am very certain that was stated by the chair- 
man of the committee. 

The VICE-PRESIDENT. The Chair, upon further consider- 
ation, is clearly of the opinion that it was the deficiency appro- 
priation bill which was excepted by the Senator from Iowa, and 
not the pending bill. 

Mr. ALLISON. I think the Senator from Nevada [Mr. Stew- 
art] excepted the deficiency appropriation bill. 

Mr. HARRIS. If that be so, I shall object to any Senator 
speaking ol^tener than once or more than five minutes. 

The VI(,'E- PRESIDENT. The Chair will undertake to carry 
out the agreement made by unanimous consent. The question 
is on concurring in the conference report. 

Mr. WHITE. I want to make just one statement. I think 
the Senator from New Jersey falls into a very serious error. 
Last year when this appropriation was made the distinguislied 
chairman of the Appropriations Committee made a statement 
as clear as the noonday sun, mentioning every fact which has 
Ijeeu stated here to-night, calling attention to the difference be- 
tween the Commission and the Chicago organization. Questions 
were asked him in the debate; I can not see how the Senator 
from New -Tersey labors under the hallucination, as he was here 
and voted for the bill. 

The VICE-PRESIDENT. Will the Senator from Iowa state 
the motion he made'? 

Mr. ALLISON. I move that the Senate insist upon the five 
amendments which I have named and which are in controversy, 
being amendments numbered tiT. fiS, 69, 70, and 71. 

Mr. HARRIS. Will the Senator please state what they re- 
fer to"? 

Mr. ALLISON. They all relate to the World's Columbian 
Ex|;osition. Upon that question, although the time is brief, I 
ask for the yeas and nays. 

The VICE-PRESIDENT. The question is on tlie motion of 
the Senator from Iowa, that the Senate insist upon the amend- 
m.ents named by him, and upon that question the yeas and nays 
have been demanded. 

The yeas and nays were ordered, and the Secretary proceeded 
to call the roll. 

Mr. DIXON (when his name was called). I have a general 
pair with the Senator from Mississippi [Mr. Walthall], who 



is detained from the Chamber by sickness. I do not feel at lib- 
erty to vote. 

Mr. GEORGE (when his name was called). I am paired with 
the Senator from Oregon [Mr. DoLPH]. If he were present I 
should vote ''nay." 

The roll call having beenconcluded, the result was announced— 
yeas .04, nays, ll; as follows: 



Aklricli, 

Allison, 

Blac'kburu, 

Blodgett, 

Brlce, 

Butler. 

Camdeu, 

Cameron, 

Carey. 

Casey, 

Chandler. 

CuUom, 

Da\'is, 

Dawes, 



0} 
CO 



o 

03 



Bate, 

Berrv, 

CocUrell, 



Allen, 

Cj ttery. 

Cull, 

Colquitt, 

Daniel, 

Dixon. 



=3 
CO 



Duboi.s, 
Faulkner, 
Pelton. 
Frye. 
Gallinger, 
Cibson, 
Gormau, 
Grav. 
Hale. 

H&nsbrough, 
Hawley, 
.Hill, 
Hiscoclj, 
Hoar, 



t'oUe. 

HavrLs, 

Hunton. 



YEA.S-54. 

Jones, Nev, 

Kyle. 

Lindsay, 

McMillan, 

Manderson, 

Miteliell, 

Morrill, 

Paddock, 

Palmer, 

Peller, 

Perkins. 

Pettigrew, 

Piatt, 

Power. 

NAYS— 11. 

Jones, Ark. 

Mills, 

Pugh, 



NOT VOTING— 23. 



DolpU, 

George, 

Gordon, 

Hifjijins, 

Irby, 

McPherson, 



Morgan, 

Pasco, 

Quay, 

Ransom, 

Sanders, 

Squire, 



Proctor, 

Sawyer, 

Sliermau, 

Slioup, 

Stewart, 

Stockbridge, 

Teller. 

'Voorhees, 

Warren, 

Washburn, 

White. 

Wolcott. 



Turpie, 
■Vest. 



Stautord, 

Vance, 

Vilas, 

Walthall, 

Wilson. 



So the motion was agreed to. 

Mr. ALLISON. I now move that the Senate insist upon its 
amendment numbered 1(U, and that it agree to the conference 
asked by the House of Representatives. 

Mr. HARRIS. Let me ask the Senator from Iowa whatamend- 
mi'nt 104 refers to'? 

Mr. ALLISON. Amendment numbered 104 is the proviso in- 
SL-rted in the bill by the House modifying or repealing a certain 
provision in a land act passed in 1891. 

The VICE-PRESIDENT. The qtiestion is on the motion of 
the Senator from Iowa. 

The motion was agreed to. 

By unanimous consent, the Vice-President was authorized to 
appoint the conferees on the part of the Senate, and Mr. Alli- 
son. Mr. Hale, and Mr. Gorman were appointed. 

MESSAGE from THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had passed 
the bill (S. 3881) relating to copyrights. 

enrolled bills SIGNED. 

The message also announced that the Speaker of the House 
had signed the following enrolled bills; and they were thereupon 
signed by the Vice-President: 

A bill (H. R. 449G) to place upon the pension rolls of the United 
States the name of Thomas P. Sheldon, late captan Company 
A, One hundred and Twenty-fifth New York Infantry; 

A bill (H. R. 8.5S0) to inci-ease the pension of W. H. Philpot. a 
pensioner of the Mexican war; 

A bill (H. R. 9741 ) to increase the pension of Capt. E. R. Chase 
from $20 to $72 a month; and 

A bill (H. R. 103')1) to continue the duties on certain manufac- 
tures of flax at the rate now provided by law. 

INDIAN appropriation BILL. 

Mr. DAWES. I present a conference report on the Indian 
appro2Jriation bill and ask for its present consideration. 

Mr. HOAR. I rise to a parliamentary inquiry. I desire to 
ask the Chair if a veto message of the President puts the bill to 
which it relates in any other relation to the order of business of 
the Senate than any other matter upon the Calendar'? 

The VICE-PRESIDENT. The Chair has on his desk the 
message from the House and also the message relating to the 
bill returned by the President with his objections. 

ilr. HOAR. I do not wish to interfere with my colleague, but 
I desire to say that such a message has come from the President 
in relation to a bill providing for a marshal and district in Ala- 
bama. The message shows, I think, that the President was un- 
dor a misapprdhension in regard to that measure. It seems to 
me that the Senate ought to take that up and consider it at an 
early hour; otherwise it can not perform its constitutional duty 
at all. After my colleague has disposed of the conference report 
I desire to ask the Senate that that shall be done. 

The VICE-PRESIDENT. The report of the committee of 
couference will be read. 



189^ 



CONGRESSIONAL EECORD-^SEXATE. 



:i:\2^ 



The report was read, as follows: 

The committee of conference on the disagreeing votes of the two Hotises 
on the amendments of the Senate to the bill iH. R. l(Mir>i making appropria- 
tions for the current and contingent expenses and tnlMlUng treaty stipula- 
tions with Indian tribes for the fiscal year ending Jtme 30. l!<94,and for other 
purposes, having met, after full and free conference have agreed to recom- 
mend and do recommend to their resx)ectiv« Houses as folUjws: 

That the Senate recede from its amendments numbered 5, 13, i j, 25, 37, 38 -15 
47, 53. 58, 67, and 69. 

That the House recede from its disagreement to the amendments of the 
Senate numbered2, 3, 4, 6, 7, 8, 9, 10, 11, 13, 14, 16, 17, 18, 19, SO, 21, 23, a. 21, 3«, 27, 28 29 
31 . 33. 33, 35, 36, 39. 40, 41. 43, 43, 46, 48, 50. 51 . 53. 54, 55, 56, 57, 59, 60, 01 . 63, 04, 70, 71 , 72, 73, 
76. 77. 78, 79,80. 81, 82, 85.87,88, 89, 90.91. and 93. and agree to the same. 

That the House recede from its disagreement to the amendment of the Sen- 
ate numbered 1. and agree to the same with an ameiidment astollow.s: After 
the word "agents." in line 7. page l.of the bill, Insert the following: "Where 
civilians are employed; ' and the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the Sen- 
ate numbered 30. and agree to the same with an amendment as follows: In 
line 3 of said amendment strike out " sixty-four " and insert in lieu thereof 
*' forty." and in line 5 of said amendment strike out " seventy-one " and in- 
sert in lien thereof " fort.v-seven; " and the Senate agreed to "the same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 34. and agree to the same with an amendment, as follows: 
After the word "ptu-chase." In line 1 of said amendment, insert the words 
"land and:" and the Senate agree to the same. 

That the House recede from its disagreement to the amcnrtmeut of the 
Senate numbered 44. and agree to the same with an amendment as follows: 
Inlieu of the matter inserted by said amendment in.sert the following: "iVo- 
vidtv!. That of this sum a sufficient amoimt may be ii.sed to sink one artesian 
well at ea(?h of the three following places, namely: Rosebud Reservation, 
Standing Rock Reservation, and Pine Ridge Reservation, In South Dakota, 
neither of said wells to cost more than *5,0!)0: " and the Senate agree to the 
same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 49. and agree to the same with an amendment as follows: 
In lieu of the sum named in said amendment insert "Sl.OOO:" :ind the Senate 
agree to the same. 

That the House recede from its disagreement to thi^ ;iuipndment of the 
Senate numbered 63. and agree to the same with an amendment as follows: 
In lieu of the sum proposed Insert •■■f'30,000;" and the Senate agree to the 
same. 

That the Hotise recede from its disagreement to the amendment of the Sen- 
ate numbered 65. and agree to the same with an amendment as follows: In 
lieu of the sum proposed Insert "$30,000:" and the Senate agrei3 to the same. 

That the House recede from Its disagreement to the amendment of the Sen- 
ate nmnheied 06. and agree to the same viilh an amendment as follows: 
Strike out in lines 18 and 19. page 50. of the bill the following ■' for the estab- 
lishment of an industrial boarding school on the Navajo Reservation:" and 
the Senate agree to the same. 

That the House recede from its disagreement to the ;imendinent of the 
Senate numbered 68. and agree to the same with an amendment as follows: 
Strike out after the word "tised." in line 20, page 50of the bill, all do^vu to 
and including the word "service," in line 27, same page of the bill: and the 
Senate agree to the same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 74. and agree to the same with an amendment as follows: 
In lieu of the sum proposed insert "J25.000:" and the Senate agree to the 
same. 

That the House recede from its disagreement to I'ue amendmentot the Sen- 
ate numbered 75. and agree to the same with an amendment as follows: in 
lieu of the stim named in s.aid amendment insert the following; "ll.I81,0C0;" 
and the Senate agree to the same. 

That the House recede from Its disagreement to the amendment of the Sen- 
ate numbered 83. and agree to the same with an amendment as follows: In 
lieu of the matter inserted by said amendment insert the following: "For 
improvement of buildings. ?2.CO0; for purchase, in thediscretion of the Sec- 
retary of the Interior, of 130 acres of. land adjoining said Indian farm school, 
SlO.OOb;" and the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the 
Senate numbered 84, and agree to the same with an amendment as follows: 
In lien of the sum proposed insert "$37,375;" and the Senate agree to the 
same. 

That the House recede from Its disagreement to the amendment of the 
Senate numbered 86. and agree to the same with an amendment as follows: 
Add at the end of said amendment the following: " : Prorided. That any 
amount that mav be found due by the Secretary shall bo credited to the 
Choctaw fund and charged to the Cherokee fund;" and the Senate agree to 
the same. 

That the House recede from its disagreement to the amendment of the 
Sen;ite numbered 93. and agree to the same with an amendment as follows: 
Insert after the word " lands." In lino 13 of page 4 of said amendment, the fol- 
loivin": •' Proeided. Said railroad shall be relieved from any further pay- 
ment. 4 of compensation to said Cherokee Nation as retiulred by law for run- 
ning said railroad across the Cherokee Outlet;" and strike out. after the 
word ■ paid." in line 16. do-.vn to and Includi-tig the word "same." in lino 18. 
same page of said amendment: at the end of line :;5. same page, insert the 
folloivin'g: ■■Provided. That it the legislative council of the Cherokee Nation 
shall deem it more advantageous to their peoolc they may issue a loan for the 
principal and interest of the deferred payment, pledging s:iid amounts of In- 
terest and principal to secure payment of such debt;" strike out. in line 17. 
page 5. of said amendment, the words "one year after the approval of this 
act":ind insert in lieu thereof the toUowlng: "Six months after the ;vp- 
prov;a of this act, and the a'-ceptanco of the same by the Cherokee Nation as 
hereinprovided;"andaftertheword--delay," in line 23, page 7. of said amend- 
ment, strike out the word " to " and insert in lien thereof the word •• by ; " and 
the Senate agree to the same. 

That the House recede from its disagreement to the .amendment of the 
Senate numbered 94 and agree to the same with an amendment as follows; 
Strike ou». in lines 19. 30. and 31. on page 4 of said amendment, the words 
"and all other Indian tribes and bands now ow-nlng lands or residing upon 
lands within the Indian Territory;" strike out. In the last line on page 5 of 
said amendment, the words "tribes ana bands," and insert after the word 
"Indians," In line 1. page 6. of said amendment, the words "as aforesaid;" 
and the Senate agree to^ihe same. .-.iwi-c 

S. M. CULLOM. 
WILKINSON CALL. 
Managers on the part of the Senate. 

S. W. PEEL. 
JOHN L. WILSON. 
Managers on the part of the Home. 

The report was concurretj in. 



JXnjICIAL OFFICERS IN AL.Mi \NrA — Vim^ If! -^ACr. 

The VICE-PRK.SIDKNT. Th 

a resolution of llic House of Uopi 

The Secretary read as follows: 

Ik Tiir !! .fJi: r nrrrtcsnKTATivri Vii-.l • i«ij 
ThePr. 

resentaii . 
scrlbi'th.- 
of the .^tuN- of 
In pursuauce ..: 
ftffotieil. 'Hi a 
fives agreeing top I- - ;ii. .upj-. 

The VICE-PRESIDENT. Tho Chair lavs boforo th« St-nat*. 
a message from the I'rosiilent of tho Unlu'd SlaUMi, which will 

be road. 

Mr. TELLER. I .siippo.io that will not Ulftploce tbcothor hill. 

Tho VICE-PR i:sl I )ENT. Certainly not. 

Mr. TELLER. \\Ty well. 

Tho message of tho President of llio Unltod State* wm road 

as follows: 

To the House of Jleprfxriilatiett: 

I retin-u herew-lth. without mv Rppr'tvnl jtn n*? fff R 9^1*irntlt' 

act to prescribe ■';.< ■ - - '■ ■ • - 

cialdlsirlct., ui 

Under the \<\-. 

of -Mabama, Udi-..i, i .. ■ •, i,,r \n- i-n ;i m .i: 

shal for the northern district. ;ina a marxh.Al for v 
districts. 

.•Vn examination of the r-.-" ' ' •' ■■ "■ ■ 
amount of business In the- 
two districts would iirovlil- 

vate c;ises. Thelawcre;iti' ; .. ,. 

may be jr.'.OiX) jM'r annum, withoiii. li 
But the most serious itbji'tlou to the ■ 

upon the taking effect of the law. thi 

shal for each of tho three dlsirictH: antl the 4>flert . 
to abolish the offli-es ;is they now exist. 

No provision Is madt» foi' :i i-,,nn;i!i,..i .t'-. i, .i-,-.. 
and district alloruev bv Ih i 

be raised as to wheilicr ih. 
and vacancies created. .\s :.. . 

the business of the courts woiiM 
have contained a jn'ovlslon for ' 

the incumbents until the new oni' ... , ... 

BbN'J. UAKU1.MJN'. 

ExECTrrnrB Mansion, February 27, l«9i3. 

The VICE-PRESIDENT. TheqtiOHtionin. SI' . :i- 

tho objections of the President of tho L'nitt-d S i 

trary notwithstanding:':' 

Mr. PUGH. Mr. I'residcnt, as tho vote linK to Ix- taken by 
jeas and nays and entered on the .Journal. I a.'-k th- ^. ti i-.- lo 
give attention while I road tho statute upon which 'i 
framed, and it will be manifest to the Senate that tli- i •.: 

labored under a misapprehension in relation to tho edect of llie 
bill he vetoed. 

Section 532 of tho Rovis'jd Stat ' ' ' " 

Sec. .^.Ti. The State of Alab.ama Is dh . ahall 

be called the southern, middle, and n Tho 

southern district includes the coinitl- 

Sunipter. Clarke. M:irengo. (ireen. PI- r 

The middle district Includes the r, .uii 

Tallapoosa, Chambers. T;illedeg:i : 

Henry. Dale, Coffee. Covington. ! 

ler. and Tuscaloosa. Thenorlhe::. '> 

of said State. 

Section 767 reads: 

Sec. 767. There shall he appointed li. 
district of Alabama, and the northern i 

district of South C;.rollna. :i r-'- ' ' • 
the United States In such 
district of Alabama sh:ill ]i- 
dledi.strlct of snM >ii .i- 
of Ceorgia sh:i" 
trict of said St 11 i 

(?;u*ollna shall 111 

trlet of said Stat<;. 

Another statute, section 77C, readti: 

A marshal shall bo appolntwl In each dLstrlct 

So these two officers imder this bill are cr«'nt->rt for tho niltWIo 
district of Alabama. Tho bill docs not tou. 
noy for tho norlhorn district of Alabiima: ' 
the marshal for the southoni ' ' ' ' ' "' 
I stated before, ivmovos the 
from the discliarfro of thoihi'. 
a marshal and a district attorni^v 
district of that State, wiiic'i onii' 
of Alabama. 

There is not annth<»r judicial district in the rnit<.><l .States that 
is not allowed a lii-' ' ' '" 

ply provides that 
shall have a distri , 

Another objection of the I'n 
and unfotindod. He says that ttf 

floors will add to the piihlio. ex]x^n8e -jlJ.'"!! u yo.ir. *Wi\ ovcry 
Senator knows that these otticers are paid only out of the f«!o« 



2524 



CONGRESSIONAL RECORD— SENATE. 



March 3, 



that are now being collected, which go to the district attorney 
of the northern district and the marshal of the southern district. 

These two officers now in existence being relieved from dis- 
charging the duties in the middle district, they certainly are 
not elititled to the fees, and the fees only go in the way of com- 
liensation for these additional officers. The bill doss not add 
one dollar to the public expense. 

The VICE-PRESIDENT. The roll will be called. 

The Secretary proceeded to call the roll. 

Mr. WARREN (when his name was called). I am paired 
Avith the Senator from Georgia [Mr. GORDON]. 

The result was announced— yeas 58, nays 1, as follows: 



Aldricb, 
Bate, 
Berry. 

Blackburn, O 
Blodgett, £ 
Brioe, -r-j 

Butler, ^ 



Davis. 

Dawes, 

Duljois, 

Faulkner, 

Fellon, 

GalUnger, 

Gray, 



Call, —Z Hansbrough 

Cameron, ^. Harris, 

Carey, 5? Hawley, 

Chandler, '^ Hill, 

Cockrell, "^ Hiscoelt, 

Coke, .,_, Hoar, 

CuUom, o Hunton, 

Daniel, oj Jones, ArU. 

NAYS— 1. 
Frye, 
NOT VOTING— ». 
Morgan, 
Pasco. 



CO 



i'EAS-68. 




Jones, Nev. 


Pugh. 


Lindsay. 


Sherman, 


McMillan, 


Shoup, 


McPherson , 


Squire, 


Manderson, 


Stewart. 


Mills 


Stoikbridge, 


Mitchell, 


Teller, 


Morrill, 


Turpie. 


Paddock, 


Vest. 


Palmer, 


Voorhees. 


Pefter, 


Washburn, 


Perkins, 


White, 


I'ettigrew, 


Wolcott. 


Piatt, 




Power, 





Allen, O 

Allison, I ■ 



George, 
Gibson, 



Vance, 

Vilas, 

Walthall, 

Warren, 

Wilson. 



Caflery, Gordon, Proctor. 

Camden, Gorman, Quay, 

Casey, Hale, Ransom, 

Colquitt. Higgins, Sanders, 

Di.xou, Irby, Sawyer, 

Dolph. Kyle, Stanford, 

So the bill was passed (two- thirds of the Senate present voting 
in the affirmative). 

INVESTIGATIONS BY FINANCE COMMITTEE. 

Mr. ALDRICH. From the Committee on Finance, I present 
t».'o reports. I desire to call the attention of the Senator from 
Tennessee [Mr. Harris] 

Mr. HARRIS. That is a report from the majority of the Com- 
mittee on Finance. It was submitted to me at h o'clock this 
evening, when I did not have time to look at it carefully. I shall 
ask that it be ordered printed, but not printed until I shall have 
had an opportunity of looking at it carefully and submitting the 
views of the minority, if the minority shall choose to submit 
views, in order that the views of the minority may be printed 
with the I'eport. 

Mr, ALDRICH. The request of the Senator from Tennessee 
is certainly a reasonable one in view of the circumstances, and I 
make no question upon it. 

The VICE-PRESIDENT. That order will be made. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TowLES, its Chief Clerk, announced that the House had agreed 
to the rejjort of the committee of conference on the disagreeing 
votes of the two Houses on the amendments of the Senate to the 
bill(H. R. 10258) making a;ip"opriations to supply deficiencies 
in the appropriations for the fiscal year ending June 30, 189.3, 
and for pi'ior years, and for other purposes, further insisted on 
its disagreement to the amendments of the Senate numbered 30, 
63, (i4. (i(i, 07, 08, 69. 70, 71, 72, 73, 74, 75. 76. 77,78, 79, 94, 95, 90, 
97, 98, 99, 108. 150, IGO, Kil, 10'). im, 167, 168, 109, 170, 171, 173, 
174, 176, and 177, agreed to the further conference asked by the 
Senate on the disagreeing votes of the two Houses thereon, and 
appointed Mr. Saters, Mr. HOLMAN, and Mr. DiNGLEY mana- 
gers at the conference on the part of the House. 

ENROLLED BILL SIGNED. 

The message also announced that the Speaker of the House 
had signed the enrolled bill (S. .3381) relating to copyrights; and 
it was thereupon signed by the Vice-President. 

WILLIAM M'GARRAHAN. 

The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (S. .3741) to submit to the Court of Private 
Land Claims, established by an act of Congress approved March 
3, J8;)l, the title of William" McGarrahan to the Rancho Panoche 
Grande, in the State of California, and for other purposes. 

Mr. TELLER. I ask tliat we may vote on the amendment o'- 
teved by the Senator from Vermont [Jlr. Morrill]. 

Mr. PLATT. Let the amendment be stated. 

The VICE-PRESIDENT. The amendment will be stated. 



The Chief Clerk. On page 1, line 8, after the second word 
" the," strike out the words " Court of Private Land Claims es- 
tablished by an act of Congress approved March 3, 189] ," and in- 
sert, " United States district court for the southern district ot 
California;" so as to read: 

Be, and the same are, hereby referred to the United States district court 
for the southern district of California. 

Mr. MORRILL. Mr. President, it would seem reasonable I 
think to any lawyer in this body that the best court in the coun- 
try should be called upon to decide a question of the importance 
of the one now before the Senate. I have merely proposed that 
instead of this young green court, that was established in 1891, 
the court of the southern district of California shall take juris- 
diction of this mattei- and have the case tried there instead of 
here at Washington by this now court. 

It is obvious that the witnesses on the part of the United 
States are in California and not here in Washington. By the 
propo.'ed bill all the evidence is to be received that has been 
taken ex parte, produced by the claimant here in Washington 
where there was no chance of repeal, no chance of impeachment 
of the witnesses, and where the United States was without power 
to investigate and summon witnesses from the proper place. I 
hope that the amendment will be adopted. 

The PRESIDENT pro tempore. The question is on the amend- 
ment proposed by the Senator from Vermont. [Putting the 
question.] The noes seem to have it. 

Mr. MORRILL called for the yeas and nays, and they were 
ordered. 

Mr. TELLER. This is a proposition to change the court from 
the court that was created by Congress for the special adjudica- 
tion of this class of cases to the district court of California. 
The committee considered this whole question and determined 
that this was the better court to which to send the case, and I 
hope the friends of the measure wall vote the amendment down. 

The PRESIDENT pro tempore. The Secretary will call the 
roll on the pending amendment. 

The Secretary proceeded to call the roll. 

Mr. CAREY (when his name was called). I am paired with 
the Senator from South Carolina [Mr. Irby]. 

Mr. DAVIS (when his name was called). I am ])aired with 
the Senator from Indiana [Mi-. Turpie]. 

Mr. PERKINS (when his name was called). I am paired with 
the Senator from Georgia [Mr. GORDON]. 

I^Ir STEWART (when his name was called.) I am paired with 
the Senator from Nebraska [Mr. PADDOCK]. If he were present 
1 should vote "yea.'' 

Mr. VEST (w'hen his name was called). I am paired with the 
Senator from Iowa [Mr. Wilson]. I should vote " yea'' and he 
would vote "nay." 

The roll call was concluded. 

Mr. DAVIS. I am assured that the Senator from Indiana[Mr. 
Turpie], with whom lampaii-ed, would vote "nay ''on this ques- 
tion. I therefore vote '' nay." 

Mr. PASCO. I am paired with the Senator from North Da- 
kota [Mr. Casey]. If he were present I should vote " nay." 

The result was announced — yeas 10, nays 39; as follows: 
Y'EAS— 10. 



Aldrlch, 

Fryc, 

Hiscock, 



McPherson, 

Mills, 

Morrill, 



Proctor, 

Sherman, 

Stewart, 



While. 



NAYS-39. 

Allison, Dubois, Jones, Ark. 

Bate. -yi Felton, Jones, Nev. 

Brice, S Gal linger, Lindsay, 

Call. "a Gorman, McMillan, 

Camden, r- Gray, Mandenson, 

Cameron, Hansbrough, Mitchell, 

Chandler, _, Hawley, Paddock, 

Coke. 2? HI"' Pefter, 

Daniel, ¥ Hoar. Pettlgrew, 

Davis, "" Hunton, Piatt, 

•^ NOT VOTING-39. 

Allen. 03 Cullom, Higgins, 

Berry, -;:^ Dawes, Irby, 

Bl.ackburn, ~ Dixon, Kyle, 

Blodgett, r^ Dolph, Morgan, 

Butler, ^" Faulkner, Palmer, 

Calfery, £— George, Pasco, 

Carey. O Gibson, Perkins, 

Casey, la_ Gordon, Quay, 

Cockrell, Hale. Ransom, 

Colquitt. Harris, Sanders, 

So the amendment was rejected. 

Mr. MORRILL. On page 2, in section 1, line 13, 1 move to 
strike out the word "final." This refers to the claim of (iomez. 
At the end of the bill I see it is proposed that the United States 
and the claimant may have the right of appeal, but if this is to be a 
final judgment in relation to the Gomez claim, then after that 
has been decided, there will be nothing left but merely theques- 



Power, 

Pugh, 

Shoup, 

Squire, 

Stockbrldge, 

Teller. 

Warren. 

Washiburu. 

Wolcott. 



Sawyer. 

Stauford, 

Turpie. 

Vance, 

Vest, 

Vilas, 

Voorhees, 

Walthall, 

Wilson. 



1893. 



CONGRESSIONAL RECORD— SENATE. 



•2r)i5 



tion of whether tho deed and title of Gomez have been leo'allv 
transferred to jNIcGarrahaa. ° 

TheraESIDENTjj)-o(c»ipo)-(?. Theamendment wUl be stated. 

The Chief Clerk. In section 1. line Ki, before tho word 

judgment, it is proposed to strike out " final-r so as to read: 

And to render judgraent thereon. 

Mr. MORRILL. I take it the word '■ final " was left in the 
bill by mistake. 

Mr. HOAR. I do not understand that there is anything 
whatever in tho suggestion of my honorable friend from Ver- 
mont. A " final judgment" does not mean a final disposition of 
the case, but final action in a particular court. Final judg- 
ments are ordinarily the only things that can bo appealed from. 
No exception can be taken until after final judgment. If you 
should t3,ke an appeal from an interlocutory judgment in a Mas- 
sachusetts court, or in the circuit court of tho United States, 
the court would say: " You can not appeal until final judgment.'' 
That is the phrase which is used to distinguish from interlocu- 
tory judgments or deci-ees the final action of a particular court. 
The amendment, however, does no possible harm. 

Mr. STEWART. It makes no difference. 

Mr. HOAR. It will make no difl'erence whether it goes in or 
out. 

Mr. TELLER. It does not make any difference. 

Mr. HOAR. Let the amendment be adopted if the Senator 
from Vermont requests it. 

The amendment was agreed to. 

The PRESIDENT pro tempore. The Chair understands that 
the committee amendments to the bill have not been acted upon. 

Mr. TELLER. Let them bj now acted upon. 

The PRESIDENT pro tempore. The amendments will bo re- 
ported in tlieir order. 

The first amendment of the Committee on the .Tudiciary was, 
in section 1, line 31, after the word "act," to strikeout '' submit 
the evidence of his title and; "' in line32. after tho word " court,"' 
to insert ".setting up therein the said grant and his said title 
thereto, and the said court shall also have jurisdiction to adju- 
dicate in said proceeding as to the validity of said claim of said 
McGarrahan in and to said grant: and the said McGarrahan or 
his legal representatives;" and in lino 37, before the word 
"court," to strike out "asking for the confirmation of said grant 
and judgment thereon and; " so as to i"ead: 

And that William McGarrahan, claiming to have acquired by sub.sequenl 
purchase, for a valuable consideration, the title of said Vicente P. Gomez to 
said tract of Land, .and as successor to the rights of said Vicente P. Gomez, 
may at any time, within six months from the passage of this act, tUo his 
petition in said court setting up therein the said grant and his said title 
thereto, and the said coiu-t shall .also have jurisaictlon lo adjudicate in said 
proceeding as to the validity of said claim of said McGarrahan iu and tosald 
grant: andthe said McGarrahan or his legal representatives, may prosecute 
said petition and cause against the United States in that court ; 'and it shall 
be the duty of the custodian of the records and papers in said cause before 
said board of land commissioners to transmit them to the clerk of said court 
immediately upon the passage of this act. 

The amendment was agreed to. 

Mr. MORRILL. I ofl'er an amendment to come in as a new 
section before section 2. 

The VICE-PRESIDENT. The amendment will be stated. 

The Chief Clerk. On page 3, after line 47, insert a new sec- 
tion, as follows: 

Sec. — . That to enable the United States to be represented by competent 
local counsel and to procure the attendance of necessary witnesses, the stun 
of Itao.OOO, or so much thereof as may be necessary is hereby appropriated 
out of any money in the Treasiu'y not otherwise appropriated. 

Mr. TELLER. I hope that amendment will be voted down. 
Nobody but an enemy of the bill would propose it. It is not at 
all necessary. 

Mr. -MORRILL. Mr. President, I confess myself an enemy to 
the bill; but I think it was suggested the other day by the Sena- 
tor who has last spoken, that he had no objection only that he 
wanted it in some other bill than this. 

It is quite obvious that in a suit of this importance, involving, 
perhaps, millions of dollars, large promises of reward will be 
made to the attorneys upon the other side, and here we have 
an attorney who is paid only $3, .500 a year for his services. 
That certainly would not employ a lawyer like tho Senator from 
Colorado to attend to the case. I know that he is in the habit 
of receiving $10,000 in the employment of a case. I think that 
this suit here ought to be attended on the part of tho United 
States by a competent attorney. We know that this attorney 
has just lost a case in California that involved tho title of (lO.OOO 
acres of land worth, it is stated, $12,000,000. That is evidence of 
the ability of the attorney of this court. Therefore I hope that 
the amendment will be atloptod. 

I am not unwilling, if this case can be given so that the United 
States will have a fair and equal chance in tho matter, to have 
it go to a court, but I do not like to have' it bound as the bill 



Zffnl^J ""I'i*' '? ^^"^ °° °''»«"" '^"'^Jct can bo rendo,^.d h„t 
one in favor of tho claimant. •■^uuin^u ,nn 

There are many things in tho bill to which I would , 
One IS the preson'a'ion of the surv. v bv this » rv"",,' 
pose tho same survovor wl;.. ' Aved bv •' 

Garrahan and oth.r-;, to l- i to liU' ^^' 

claimed in this correspond, ii.- iiun ho 1... 
It was also claimed by him that ho had tl>. 
pointed. ■ i'' 

This surveyor of course was c : to l'o m-.l ...hW., 

the survey. It was made not 1 ..f*?" I ,. t 

States, but under the direction ■ ' 

pointed out whatever land lie .■ " 

survey is brought in as a ix)rt ion .1 • '" 

Mr. HUNTOX. -May I interrupt t from V.^m-miv 

mont yield to tho Senator from \ "' ^ ""^ 
Mr. MORUILL. I do not .-.x,, • ; ,*c morothai.anv 



and tl>L>n the Senator may have thu Hour and rtywhM hoi 
[■. IILMOX. .\11 right, sir. ' 



.Mr. 

Mr. MOUUfLL. .Mv own ini i . 
things in the bill t!iat buglit to •■ ' 

is the purpose of tlie Senate to i . j 

in passing it to consume time th 
ter subjects than this, I ahull n ^ 

'1™P, °L^'"^ Senate, although I havo another amendmont ihal'l 

shall oner. 

Mr. TELLER. I suppose tho Senu'. 
torney-Goneral of the United .States i. i 

litigation on the part tif tho United .-.ui- ^ 

fund from which he can employ i;8sislunt . 

does it. He does not need any provision ■ . • ri 

particularly required in tho bill to take cl. 

The PUESIDEiNTino/emm;... Thequ. - . uend- 

ment of the Senator from Vermont. [Puliiutf lUi- <iii.i.iion 1 
The noes seem to havo it. 

Mr. MILLS culled for the yeas and nays, and thoy wo r« or- 
dered. 

Mr. CHANDLEK. I ask that the amendment may bo airaln 
read. 

Tho Chief Clerk. On page 3, after lino 47, inticrl * now 
section, as follows: 

Sec. — . That to enable the Unlte.l <;(.,<. .^ i,. I... r. i.-.-. iu.~l t.v . .. i.i-trnt 
legal counsel, and to procure th.' ... 

of J-JO.iWO. or so much Ihercot a~ | 

out of any money in the Treasui :■ 

The PRESIDENT i)ror(m;>»re. The Secrotarv will call tho 
roll on agreeing to tho amendmont. 

The Secretary proceeded to call tho roll. 

Mr. DAVIS (when liis name was called). Althonjfh I am 
paired with the Senator from Indiana [.Mr. TfRPiK]. I am as- 
sured he would vote " nay'' if present, and 1 vnl.i " nuv." 

Mr. PERKINS (when his nam. , ' ' ' ' ', 

the Senator from Georgia [Mr. I . 

islicd that if present ho would vo: ,..,, ' 

upon the pending amendment. 

Mr. STOCKBUIDGE when hisname wascallod). lam palrvd 
with the Senator from Maryland [Mr. GinsoN] on tho (Hndin^ 
bill. lamsatisfied that he would vote "nay "if present. I Ihorc- 
votc "nay." 

Mr. VEST (when his name was called). I am palr-jd with tho 
Senator from lowa [Mr. Wilson]. 

The roll call was concluded. 

Mr. CAREY. I am paired with tho Senato.- from South Caro- 
lina [Mr. Irby], but I am assured that bo would voto " n*y "' If 
present, and I also vote " nay." 

The result was announced — yeas 10, nays .30; 08 follow! 

YEA.S-IO. 

S(«wart. 



run. 

I' ■ 



\v..i.- 



Chandler, 




HIscock 




Morrill, 


Cockrell, 




McPherson, 


P..i!nier, 


Faulkner, 


X 


Mills, 




Proclor, 
NAYS-39. 


Allison, 




Dawes, 




Hoar, 


Berry. 


Dulmls, 




llunloD. 


Bloilgett. 




rclton. 




JnneH. No<- 


Brice, 


CJ 


Fr>c. 




McMillan. 


Camden. 


-J 


Galling. 


r. 


Mnnilerson 


Cameron, 


■) 


G.irman 




MUrhell, 


Carey, 




Han.Hhr. 


ugh. 


P.artd.ick. 


Coke. 


' 


tlarrl..<. 




PcHer. 


Daniel, 


1 


Hawley, 




Perkins. 


Davl..). 


•N 


Hill, 




IVItlUTeTT, 




n 




NOT VOTP 


Aldrlch, 


t/j 


Call. 




r. 


Allen, 


fc_ 


(•^•'■y 




* . ' 


Bat<., 


o 


CI.,-, ■• 






Blackburn, 


u_ 


Culli-m. 




' ■ ; I ■ , 


Butler, 




ni.\..u. 




ll.i... 


Caffery, 




Dolpta. 




iiimiiu. 



2526 



CONGRESSIONAL RECOKD— SENATE. 



Maech 3, 



Vance, 


WaltUaU. 


Vest, 


Willie, 


Vilas, 


Wilson. 


Voorliees, 





Pueh. Sawyer, 

Quav, Sherman, 

Random, Stanford, 

Sanders, Txirple, 

So the amendment was rejected. 

PRESENTATION TO VICE-PRESIDENT. 

Mi-. McPHEKSON. I submit a resolution and aslc to have 
it considered now. 

The resolution was read, as follows: 

Jif solved That the Vieo-President is herqliy authorized to retain for his 
per.«oual use the writing set and appendages tised by liim during his term of 
offleo. 

Mr. Mcpherson. I ask for the immediate consideration of 
the resolution. 

The PRESIDENT pro tempore. Is there objection to the ]M-es- 
ent fonsidtn-ation of the resolution? 

The resolution was considered by unanimous consent, and 
agreed to. 

WILLIAM M'GARBAHAN. 

Tiie Senate, as in Committee of the Whole, resumed the con- 
sidei-ation of the bill (S. 3741) to submit to the Court of Private 
Land Claims, established by an act of Congress approved March 
3, 1891, the title of William McGarrahau to theRanchoPanoche 
Grande, in the State of California, and for other purposes. 

The PRESIDENT pro tempore. The next amendment of the 
Committee on the .Tudiciary will be reported. 

iSlr. MORRILL. I oflcr a new section to come in before sec- 
tion 2. 

The PRESIDENT pro tempore. The amendment will be read. 

The Chief Clerk. On page 3, after lino 47, insert a new sec- 
tion, as follows: 

Sec — That the court as aforesaid shall determine whether or not the 
corporation organized in the year 1861 under the name of the ■' Panoche 
Grande QuiclisUyer Company," and the corporation organized In 1870 under 
the name of " The California Quicksilver Company," to each of which the 
said McGarr.ahan transferred and deeded al»the rights and title claimed by 
him in the said Rancho P,anoche Grande, have been restored and transferred 
to the said McGarrahan by a good and sufficient legal title, and that the 
claims of all the shareholders of the said corporations thereto have been 
ra-oiiorly and legally extinguished, and, if not, then all further action of the 
court upon the matter contained in this bill shall cease: Provided. That the 
said coiirt shall also have authoity to Investigate and determine whether any 
Hens are still in force made by the said McGarrahan in favor of any of his 
claim agents andparticularly of one-fourth part of the s.aid Rancho Panoche 
Grande in favor of Frederick Franck, of one-twenty -fourth part in favor of 
O L Shafter, and of fl per cent thereof in favor of Simon Stevens, and it any 
such liens have been so made, then the action of said court shall be sus- 
pended until the lien shall be discharged and extinguished. 

Mr. TELLER. I will say the bill ex cndustria declares that 
McGarrahan shall prove that he is himself the owner. It would 
be utterly inconsistent to put that in and leave the provisions in 
which require him to establish the fact of ownership. I hope 
the amendment will be voted down. 

Mr. MORRILL. It is very clear that Mr. McGarrahan deeded 
this property to two different corporations. It is also clear that 
he had an associate by the name of Frederick Franck who had 
one-quarter part interest in the claim; and to another, Simon 
Stevens, he had deeded 6 per cent of the claim; and to another 
attorney, I am not certain that it was ever deeded, but an offer 
was made of 20 per cent or 24 per cent. I think, therefore, that 
the party here should show that he has a clear title to it. 

The PRESIDENT pro tempore. The question is on the amend- 
ment of the Senator from Vermont. 

The amendment was rejected. 

The PRESIDENT pro tempore. The next amendment of the 
committee will be stated. 

The Chief Clerk. On page 3, section 2, line 3, after the 
word ' ' evidence," insert the words ' ' on the part of the petitioner 
or the United States; " so as to read: 

Said court shall receive as evidence on the part of the petitioner or the 
United States the original espediente presented by the said Gomez and the 
said Governor Manuel Micheltorena. 

Mr. MILLS. I rose to offer an amendment to the amendment 
of the committee, but I yield to the Senator from Illinois [Mr. 

PaTjMER]. 

Mr. PALMER. On page 3, in line 3, after the word " evi- 
dence," I move to insert: "So far as the same are competent and 
local evidence; " so as to read: 

That upon the trial of questions or issues arising in the hearing of said 
petition herein provided for the said court shall receive as evidence, so far 
as the same are competent, local evidence on the part of the petitioner or 
the United States, the original expediente presented by the said Gomez to 
the .said Governor Manuel Micheltorena. 

Mr. TELLER. I hope that amendment will be voted dovrn. 
We have provided what shall be evidence in this bill. This is a 
modification which our committee refused to accept when it was 
suggested. 

Mr. PALMER. It presents the very crucial test that I desire 
to make in the consideration of this bill. I desire that the sense 
of the Senate shall be taken on the question whether evidence 



that would not ba competent on a trial between any other human 
being and the United States shall be made competent by this 
bill. It is my belief that this bill was prepared with a view to 
com])el a decision in favor of McGarrahan — with a view to com- 
pelling the court to find for him. I desire that there shall be 
reserved to the court the question of the competency of the tes- 
tiiuony. 

I have no desire to delay the action of the Senate on the bill. 
I tliw-cfore content myself with submitting this naked proposi- 
tion, not that Congress shall adjudge McGarrahan to be the 
owner of this property to the extent of his claim, but that the 
Senate shall by arraying the evidence and making it competent 
to compel any court that may hereafter consider the claim to 
find for him. That is the bill as it is. 

If this bill passes a judgment of the land court in favor of Mc- 
Garrahan is as inevitable as any other fact that can not be dis- 
puted or that is certain, because if all this testimony, manufac- 
tured or not, competent or not, is made competent by the bill 
and the court is compelled to receive it and listen to it and ac- 
cept it without objection, the Senate might just as well by posi- 
tive plain law give to McGarrahan all he claims and avoid this 
circumlocution of the form and the pretense of judicial action. 

I say that I need not stand in the way of this vote. and that the 
Senate may without any obstruction from me pass upon the bill 
and this protest against -the bill on this test, which tests the sin- 
cerity of the gentlemen who profess to be seeking the right of 
this party by judicial action. I submit the amendments that they 
may have the oijportunity of going upon record, and that the 
cou'ntry may understand what this measure is, that it is a legis- 
lative finding in favor of McGarrahan, because if the Legislature 
determines that all that is claimed on the part of a claimant shall 
be received by a court and that all that is set out in this brief 
shall be taken by .the court as evidence, then the finding of the 
court for him is inevitable. 

I want to present the single question whether any discretion 
is to be left to the court at all or whether we will now adjudge 
McGarrahan to be the owner of this land: and not only that, but 
whether he will adjudge that the United States as the grantor 
of some of this property is to be charged with responsibility as 
warrantors beyond any liability ever thrown upon a warrantor 
before — a warrantor who is made liable for the trespasses of 
strangers for the robberies of those who may violate the rights 
of others as well as the United States. The question is whether 
the United States is to be, not subrogated, but charged upon the 
principle that whatever happened to this land during all these 
years is to be charged to the United States Government. 

It is true it is decorously veiled. I do not pretend that the 
Dill charges the United States, but why go into an account as to 
trespasses? It is to lay the foundation for a future appropria- 
tion, for a future demand, because by this the United States as- 
sumes liability as warrantor. It is made liable for a s-um that 
these gentlemen will not now undertake to limit. 

I have asked Senators what will be the ultimate liability of 
the United States if the theory of this claimant is sustained. 
They will not tell me. They will not tell the Senate. It is an 
unkiiown liability. This is a change. The former bill author- 
ized a judgment substantially against the United States. This 
is an assumption indirectly of liability and the facts are to be 
reported as the foundation for an appropriation. I redeem my 
pledge by throwing no other obstruction in the way of the pas- 
sage of the bill. 

Mr. TELLER. There is some evidence that would be admitted 
under the bill which would not bo admitted unless there was 
provision in the bill specifically tor its admission. That the Ju- 
diciary Committee intended to have in the bill. For instance, 
depositions taken thirty years ago in another case are not legal 
evidence in this case. The depositions were taken under the form 
of law, but not in this case. We propose to have those deposi- 
tions used in this case. 

The Senator from Illinois can not complain of that as an equi- 
table and projier ^proceeding. The Judiciary Committee care- 
fully considered this question and determined in their minds at 
least— it not all. nearly all: and I do not think there was any dis- 
sent—that this matter as to the effect that should be given to 
the evidence should be left entirely with the court. All the 
court is to do is to receive it and give it such weight as it sees 
fit. In deference tosome Senators whohave thought that it ought 
to be in, I give notice that at the proper time I shall move to add 
that the court shall give it simply such weight as it may think 
it entitled to. I thought that was in, but if there is any ques- 
tion about it, I shall add that specifically. I hope the amend- 
ment of the Senator from Illinois will be voted down. 

Mr. PALMIER. Mr. President, one word. I have never 
knowm at any time anywhere that a third party was to be charged 
with the contents of testimony or of depositions or affidavits to 
which that third party was a' stranger. Now, let me consider 



1893. 



CONGRESSIONAL RECORD— SENATE. 



2527 



what the Senator proposes. It is that testimony shall Ije used 
agalFiSt the United States taken between third parties. 

Mr. TELLER. Not at all; taken between the United States 
and this claimant. 

Mr. STEWART. Affidavits. 

Mr. PALMER. Mere exp'irtc attidavits is one. 

Not between any third parties. The Senator 



Mr. TELLER, 
is mistaken. 

Mr. PALMER. 
suits to whioli til 



Then, if this testimony has been taken in 
United States was a party, it would be com- 
petent on general principles. There is no doubt that whore the 
United States has been represented, either in the takin-; of dcp- 
ositinns or in any other mode by which testimony is obtained 
and the witnesses have died or gone beyond the Jurisdiction of 
the court, that testimony may be used against tho United States. 
Will the Senator consent to modify it to such depositions or af- 
fida\'its as were taken in causes to which the United States was 
a party? Would that modilication meet his views? I appre- 
hend not. Ex parte affidavits, whore there was no opportunity 
for cross-e.xamination or examination, are made competent. 

There is nothing-, therefore, that will justify these o.\lraordi- 
nary changes of the legal rules of evidence "is applicable to all 
other possible liases. 

The PRESlijENT pro tempore. The question is on the amend- 
ment proposed by the Senator from Illinois [Mr. Palmek]. 

Mr. COCKRELL. Let the amendment be read. 

The PRESIDENT pro tempore. The amendment will le read. 

The Chief Clerk. On page 3, section 2, line 3, after tho word 
"evidence'' insert: 

So far as the same are competent legal evidence. 

So as to read: 

That upon the trial of questions or issues arising: on the hoarins of said 
petition herein i")ro'\4ded for. the said court shall rect-lve as cvideiK-e, so far 
as the same are competent legal evidence on thejiartof the petitioner or 
the United States, the original cxpedicnte presented by the said Gomez, etc. 

Mr. MILLS. Now, let us have the yeas and nays on that ques- 
tion. 

Tho yeas and nays were ordered, and the Seci'etary proceeded 
to call the roll. 

Mr. DAVIS (when his name was called). I am paired gener- 
ally with the Senator from Indiana [Mr. Turpie], but under- 
standing that he would vote "nay."' I will vote. I vote "nay." 

The PRESIDENT pro tempore {when Mr. M.\nukkso.\'s name 
was called). The occupant of tho chair is paired with the Sena- 
tor from Kentucky [Mr. Bl.\CKBURN]. 

Mr. PROCTOR ( when his name was called). I am paired with 
the S-3uator from Florida [Mr. Caia^]. If he were here I should 
vote "yea." 

The roll call was concluded. 

The PRESIDENT }iro tempore. The occupant of the chair 
votes "nay.' 

Mr. PERKINS. I am paired with the Senator from Georgia 
[Mr. Gordon], but I will vote to make a quorum. I vote "yea." 

The result was announced— yeas 10, nays 31; as follows: 

YE.\S~10. 
Bate. 
Berrv. 
Cocla-ell, 



Blolbcett, 

Buller, 

Car.ieron, 

Carey. 

Chandler, 

D.aniel, 

Davis, 

Dubois, 



Aldrich, 

Allen, 

Allison. 

Blaolcbuiu. 

Brice. 

Caffefv, 

Call. " 

Camden, 

Casev, 

Coke. 

Colquitt, 

CuUom, 

The PRESIDENT pro tempore. No quorum voting, tho Secre- 
tary will call the roll. 

The Secretary called tho roll, and the following Senators an- 
swered to their names: 



Hiscock, 


Morrill, 


Stewart. 


McPherson. 


Palmer, 




Mills. 


Perkins. 
NAYS— 31. 




Feltou, 


Kvle. 


Shoup. 


Frye, 


Manderson, 


Stockbridgc 


Galliuger, 


Mitchell. 


Teller. 


Hansbroush. 


Paddoclc. 


Voorhee.s. 


Harris. 


Peflor, 


Warren, 


Hawley. 


Pettlgrew. 


Washburn, 


Hill, 


Piatt, 


Wolcott. 


Hnnton. 


Pugh, 




NOT V0TING-4r. 




Dawes, 


Irby, 


San-yer. 


Dixon, 


Jones. .Ark. 


Sherman, 


Dolph, 


Jones, Nev. 


Squire, 


Faull-:ner, 


Tjiudsav, 


Stanford, 


George. 


McMillan, 


Ttirple, 


Gibson. 


Morgan, 


Vance, 


Gordon, 


Pasco, 


Vest, 


Gorman, 


Power, 


Vilas. 


Gray. 


Proctor, 


Walthall, 


Hale, 


Quay, 


White, 


Higgins. 


Ransom. 


Wilson. 


Hoar. 


Sauders. 





Alrtrich, 


Carey. 


Frye. 


His cock. 


Bate, 


Cockrcll, 


Galllnaer, 


HuRton, 


Berry, 


Daniel. 


Gorman, 


Kyle, 


Blackburn, 


Davis. 


Hausbrough. 


Ijiudsay, 


Brice, 


Dubois, 


Hanis, 


McMillan. 


Butler, 


Faulkner, 


Hawley, 


McPherson 


Cameron, 


Felton, 


Hill, 


Manderson 



Pugh. 
Sawyer 



Teller, 
Voorh*^*, 

Wr.T. 



Mills. Pcfler. 

Mitchell. Perkins, 

Morrill, PetUsTOW. 

Paddock, PiMt, 

Palmer, Proctor. 

The PRESIDENT , ..^ 

answered to their v... '^ 

The question recurs • '„ 

from Illinois [Mr. P.- 
been ordered. The -^ 

The Secretary cuUcii ihc luii. 

Mr. HARRIS fnftor having' voted in tbo netfaUvo). I dc»i . 
to ask if the Son aont [Mr. MOBllux] ia r. 

as voting upon ' ' 

The PRESIDI. . , w ........ . 

Mr. HARRIS. 1 1. 
ho would have voteil 

vote is necessary to make u miorum and will noi ehauffo Uio ru 
stilt, I want to withdraw it. 

The PRESIDENT pro tempore. It U not nttodad to inoko a 
quorum. 

Mr. HARRIS. I withdraw my vot«. 

The result was announced— yeas 14, nays 38; on follow*: 
VI.-. 



Aldrich, 




Cockrell. 




1*1., -(..r. 


Bate, 




Cullom, 


.., 


Sawyer 


Berry, 




Faulkner. 


.Ml.:--. 




Blackburn, 


X 


HlscocU. 


Palmar. 
NAYS-». 




Allison, 
Blodgett. 




Dawos. 
Dubois, 


Kyle. 

»r-Mmnn 


Sbouu, 
JVjolrr. 


Butler, 


■^ 


Felton, 


...... „ 


!,(, 


CaU, 




Pryo. 
Galliuger. 






Cameron, 


O) 






Carey, 


03 


Gorman. 


1 - Mt 




Chandler, 


CO 


Haiubrough. 


Pciiifcraw, 


Wanbbum. 


Coke, 


. 


Hawley, 


Plait, 


Wolrull 


UanleU 


o 


IIlgRins. 


Power. 




Da\is, 


a> 


Hunton. 


Pnifh, 






15^ 


NOT VOTING -M. 




Allen, 


13 


Gibs. in. 


JuDCV NcV. 


.Stanfonl. 


Brice. 


C/5 


(•'ttrdou. 


Mofk'an. 


Stewart, 


C-aftery. 


C— 


Gniv. 


Morrill, 


Turpto, 


Cam<ten, 


O 


Halt'. 


PaHTO. 


Vance. 


CaM'V. 


u_ 


Harris, 


Perkins. 


Vent 


Ci.l.l'.illt. 




Hill. 


( » L . V 


Vila-. 


I>i\Oll. 




Hoar, 




Wallhjll. 


Dolph. 




Irliy. 




Wiling 


Gorge. 




Jones. Ark. 




W1U..U. 



..f Iho 

.it." 
iu 

■ lie 



iho 
. ina^ 



So the amendment was rejected. 

Mr. PALMER, t move to Blrike out tlio fonrtli w. 
bill. I ask that the fourth section be n:. 

The PRE.SIDENT pro lemporr. Tho , 
to sections 2 and 3 have not yi ' 
in regular order. The no.xt a: 
section 2, on lines 3 and 4, whic. . . 

Tho Chief Ci.kkk'. On page :;. 
word "evidence," insertthewords'' 
or the United States." 

The amendment was agreed lo. 

The next amendment of the Coni' 
on page 4, line 28, in section 2, i: 

strike out ''and other evidenc-o cou' u! um;; .u iirm.-, n 
parties before the court," and insert : 

And any othf^r matter o( evidence which. In the Jtid|;incnt o( Uw coor 
tend lo throw light tipon tho case. 

Mr. PALMER. I should like to inqtiire v.'hat that m»M»nH'' 
Does it mean any other <•' un- 

petent evidence which in : . Ui 

thr.)w light upon the case i .J- 

men! of the committee by iuM^i ' ••." 

in the 28th line. on page 4, the , , ; .id: 

"And any other m»tt<.T of competent evidence which in tho judg- 
ment of the court." elc. 

Mr. THLLKli. I will stale that that i ho 

thought the (iovernment might want t.. . 'C, 

and the wording is the exai't la of 

the .Tudiciary Ciminittee. wlio ■»- 

tiin. and was ))tit in •■- ■' " .. „ ^ „... en- 

large the riglit of ti 
ator from Illinois slv 

Mr. hWCLKNER. Would it 1" 
an amendment to come in at the cli 

The PRESIDENT /<.-.. !■ ,„,, ... . 
that would not now lie in onlor. a? 
ponding and an ami ndment h.i- '■ 
by the Senator from Illinois, 
the .Senator would iv in the th 
order. 

Mr. PAULKNEK. I did not know Uial any oUicr amcndmont 
was pending at this time. 



I do not soc wbf tUo tien- 
lime to offer 



in 



2528 



CONGRESSIONAL RECORD— SENATE. 



Maech 3, 



The PRESIDENT pro tempore. There is an amendment to 
the amendment pending. The question is on' the amendment of 
the Senator from Illinois to the committee's amendment. 

Mr. TELLER. I have no objection to the amendment pro- 
posed by the Senator from Illinois. The word "competent "may 
be inserted if he thinks it necessary. 

The amendment to the amendment was agreed to. 

Mr. FAULKNER. At this point in the bill, after the word 
"cause," in line 29, I move to add the following proviso: 

Provided, however. That the weight, value, legal effect, and relevancy of all 
such evidence shall he detei'mined by the said court. 

Mr. TELLER, i suggest to the Senator that I have here what 
met the approval of the chairman of the committee [Mr. HoarJ, 
who has gone away. This amendment which I propose to offer 
is about the same as that offered by the Senator: 

And shall give such weight to said evidence as the court shall think it is 
ent/iled to receive. 

Mr. FAULKNER. My purpose in offering that amendment 
is to control the clause in that section which refers to the intro- 
duction of the supposed patent, which in law could not be intro- 
duced by the evidence of the patent as it is not a perfected pat- 
ent, as I under.stand it. 

Mr. TELLER. I ask the Senator if he does not think the 
words which the chairman of the committee requested me to 
have inserted cover the whole ground? 

Mr. FAULKNER. I doubt it. 

Mr. TELLER. The words are: 

And shall give such weight to said evidence as the |court shall think it is 
entitled to receive. 

Mr. FAULKNER. Looking at it from a purely legal stand- 
point, the difficulty is that you propose to constitute certain mat- 
ters evidence which under the law is not evidence. Now, hav- 
ing constituted it evidence, having even required the court to 
regard it as relevant testimony, the court must give it such 
weight as relevant evidence bearing upon the issue between the 
parties necessarily would have upon the mind of the court in 
considering it. I want the court to have the power to deter- 
mine as to this matter, which is i-equired to be considered by the 
court as to the legal eft'ect of the patent, if it has any legal effect 
whatever. 

l\Ir. MITCHELL. May I ask the Senator from West Virginia 
if the effect of his amendment is not to destroy entirely the pro- 
vision which makes that evidence which would not otherwise 
be evidence for whatever it may amount to in the case? 

Mr. FAULKNER. I do not think so. It has this effect, that 
although this patent, uncompleted and undelivered, is admitted 
in testimony in this cause between the United States and Mc- 
Garrahan, yet the legal effect of that evidence is submitted as a 
question of law to the court upon thu facts stated. 

Mr. MITCHELL. But the Senator'samendment proposes that 
the court shall pass upon the relevancy of the evidence. 

Mr. TELLER. And after we have declared that it shall be 
admitted. 

Mr. FAULKNER. The question of a patent does not involve 
the question of relevancy; it involves the question of whether 
it is evidence at all. It is true that relevancy enters into the 
question of evidence; a thing may be evidence in one view, but it 
may not be relevant to the issue in another view. All I ask is 
that the legal aspect of that patent shall be construed by the 
court. 

Mr. TELLER. I will say that that must be done under the 
law before it can be received as evidence. I think my amend- 
ment will make it certain, and I ask that the Senator's amend- 
ment may be voted down. I give notice that 1 shall at the proper 
time oll'er the amendment which I have here. 

Mr. FAULKNER. I have been willin^j- and anxious to do 
everything I could within limits and bounds of reason to allow 
this bill to jjass and even to become a law if, in the terms of the 
provisions of the bill, I regarded the United States as having any 
fair show in presenting its side of the cause, forty years after the 
transaction, to the consideration of the court before whom it is 
to be adjudicated. 

I am perfectly willing to allow oven ex parte evidence to be in- 
troduced into the matter, evidence taken by the parties in the 
form of affidavits, because they were necessarily taken at a time 
when notice could not be given to the Government. I am will- 
ing even for the court to be required to consider that as evidence 
in the cause; but I do claim that the Senate should not demand 
of the court that it shall pass upon a matter of fact which is set 
out in the bill, and which, under no rules of evidence, could be 
introduced into any court whatever, and thereby absolutely bind 
that court to consider it evidence, although the facts before it 
absolutely would convince the mhid of any judge that it had no 
important bearing upon the issue whatever. 

Take the question of the patent, for example. Suppose it is 



true, as is asserted by some parties involved in the issues which 
are in this case, that this is an incomplete natent, that it is not 
one which confers any title whatever on the patentee, yet the 
court under this bill ia compelled to treat that as a patent, and 
that effect is to be given to it by the terms of the proposed stat- 
ute itself. 
Mr. TELLER. Not at all. 

Mr. FAULKNER. Why not? Read it. It is as follows: 
Sec. 3. That npou the trial of questions or issues arising on the hearing 
of said petition herein provided for the said court shall receive as evidence 
on the part of the petitioner or the United States * * * or any patent or 
record of a patent for any portion of said lands in any of the Departments 
of the Government signed by the President of the United States (jr by his 
private secretary authorized to sign land patents, or of any recorcU)f a pat- 
ent having the signature of the President of the United States thereto. 

The court is bound to consider it as evidence under the ex- 
press provisions of the bill. I ask the distinguished Senator 
from Coloi-ado whether any court, if the facts as T state them are 
true, could re:Cuse to admit the patent under this clause as evi- 
dence in the cause at issue between the United States and Mc- 
Garrahan as evidence of the title of McGarrahan? I pause for a 
reply. 

Mr. MITCHELL. I will ask the Senator • 

Mr. FAULKNER. If I can get no reply from the distinguished 
Senator from Colorado, to a fair and legitimate* and pertinent 
question, I ask further, if it is legal and legitimate testimony 
which goes to show a chain of title in this case, why the necessity 
of making an express provision by an act of Congress authorizing 
it to be admitted as testimony? Recognizing the fact that the 
patent in question could not be introduced in evidence as a 
chain of title in anyone wliatever, i ask if the friends of the bill 
have bsen driven to the position of providing a statute of the 
United States which requires the court to consider it as evi- 
dence? 

With the understanding which I have of the condition of that 
patent, it not conferring any legal grant upon the patentee, I 
say that the question of its legal effect should honestly be sub- 
mitted to the decision of the court before whom this cause is to 
come. 

Senators, if you desire, as I do, to open this cause absolutely 
de novo to the petitioner in this case, if you desire that this whole 
cause shall bo tried anew, as I do. then let us be fair to the United 
States, as well as to the petitioner. 

We do not know what the liability will be under this bill . It has 
been estimated at from four to forty million dollars. No one can 
say what it will be or should be until after the adjudication of 
the cause under the provisions of the bill. All I ask is that the 
United States shall have presented against it a case which bears 
the stamp of legal, fair, legitimate, relevant testimony, and no 
other. My amendment does not exclude the consideration of 
any of those questions, provided the legal effect of them would 
be to give Mr. McGarrahan under the evidence introduced any 
title whatever by reason of the patent sui>posed to have existed. 

Mr. TELLER. The Senator could not have read the bill with 
very much care. All the testimony to be introduced is of and 
concerning and touching two things: First, the grant: secondly, 
the patent, if a patent ever issued. It has nothing to do with 
the introduction of the patent. That is not provided for. 

The depositions referred to are of and concerning the patent 
and of and concerning the grant. That is all there is of it, Mr. 
President. 

The PRESIDING OFFICER (Mr. Gallinger in the chair). 
The question is on the amendment submitted by the Senator 
from West Virginia [Mr. Faulkner] to the amendment of the 
committee. 

Mr. FAULKNER. I call for the yeas and nays. 

The yeas and nays were ordered and the Secretary proceeded 
to call the roll. 

Mr. HARRIS (when his name was called). I am paired with 
the Senator from Vermont [Mr. Morrill], who is called from 
the Senate by indisposition. 

Mr. PASCO (when his name was called). I again aimounce 
my pair with the Senator from North Dakota [Mr. Casey]. If 
he were present I should vote "yea." 

Mr. PETTIGREW (when his 'name was called). I am paired 
with the Senatorfrom West Virginia [Mr. Camden]. If he were 
present I should vote "nay." 

Mr. VEST (when his name was called). I am paired with the 
Senator from Iowa [Mr. Wilson]. 

The roll call was concluded. 

Mr. M ANDERSON. I am paired with the Senator fi'om Ken- 
tucky [Mr. Blackburn]. Has he voted? 

The PRESIDING OFFICER. He is not recorded. 

Mr. MANDERSON. If he were present I am sure he would 
vote " nay" upon this question, and I therefore vote "nay." 

Mr. CULLOM. I inquire if the Senator from Delaware [Mr. 
Gray] has voted? 



I 



1893. 



CONGllEtSSlONAL EECOED— SENATE. 



2.)-i9 



Bate. 

Coclirell, 

Faulkner, 



Call 

Cameron, 

Coke, 

Culloni, 

Daniel, 

Davis. 



The PRESIDING OFFICER. He is not recorded. 

Mr. CULLOM. I am paired with him. but shall vote if it be 
necessary to make a quorum. 

The PRESIDING OFFICER. It is necessary. 

Mr. CULLOM. I vote "nay." 

Mr. PERKINS. I am paired with the Senator Irom Georgia 
[Mr. Gordon] upon this bill, but the friends of the measure pi-e- 
fer that I should vote to assist in making- a quorum. I vote " vea " 
upon the pending- motion. 

Mr. HARRIS. Is an additional vote neeessai'y to make a 
quorum? 

The PRESIDING OFFICER. It is not. 

The result was annoimced— yeas II, nays 35; as follows: 

YEAS— u. 
Gray. McPherson, Proctor, 

HiKcock, Palmer. Stewart. 

_ Lindsay, Perkins. 

^ NAYS— 35. 

Allison, "O Dawes, Hunton. Powci- 

Ben-y, c Felton, Jones, Nev. I'u-h,' 

Blodgett, Frye, Kyle, ."iliuiji). 

(D Gallinger, McMillan, Siiiilr.-, 

<13 Gibson, Manderson, .StorUbrldge, 

CO Gorman, Mitcliell, Teller, 

Hawley, Paddock, Voorhees, 

■*r' Higgins, Peffer, Wolcott. 

^ Hill, Piatt, 

l^ NOT VOTING— 12. 

Aldrich. 3 Dixon, Mills, Turpie, 

Allen. c/3 Dolph. Morgan, Vance, 

Blackburn, 5_ Dubois, Morrill, Vest. 

Brice, o George, Pasco. Vilas, 

Butler, 1, Gordon, Pettlgrcw, Walthall, 

Catrery, ^ Hale. Quay. Warren. 

Camden, Hausbrough, Ransom, Washburn, 

Carey, Harris. Sanders. White, 

Casey. Hoar, Sawyer. Wilson. 

Chandler, Irby. Sherman, 

Colquitt, Jones, Ark. Stanford. 

So the amendment to the amendraen t was rejected. 

The PRESIDING OFFICER. The question is on the amend- 
ment submitted by the committee. 

Mr. FAULKNER. I should like to know what the amend- 
ment is. 

The PRESIDING OFFICER. The amendment will Ix; re- 
ported. 

The Chief Clerk. In section 2, line 28, after the word 
"thereto,'' the committee proposes to strike out "and other 
evidence concerning the rights of the parties before the courts "' 
and insert "and any other matter of competent evidence which 
in the judgment of the court may tend to throw light upon the 
case." 

Mr. FAULKNER. I understood the amendment had been 
agreed to before I submitted my amendment, or else I could not 
have submitted my amendment. 

The PRESIDING OFFICER. The Chair will state to the Sen- 
ator from West Virginia that an amendment to that amendment 
was agreed to inserting the woi-d "competent." Tiie amend- 
ment itself was not agreed to. 

The amendment was agreed to. 

The PRESIDING OFFICER. The next amendment reported 
by the Committee on the Judiciary will be stated. 

The Chief Clerk. In section ,'5, line 2, before the word 
"grant,"' it is proposed to strike out "the said'' and insert 
"there was a valid;" in line:!, after the name "Gomez,"' to strike 
out " was valid and"" and insert " which was;"" in lino S, after 
the word " same,"' to insert " and the said McGarrahan is now 
the owner thereof in law or equity:" and in line 11, after the 
word "boundaries,'' to strike out "except as hereinafter pro- 
vided;" so as to read: 

Sec. 3. That if said court shall find and adjudge that there was a valid prant 
from said Governor Manuel Micheltorena to said Vicente P. Gomez which 
wasprotecied under and by virtue of the treaty between the said (iovertiinent 
of the UniteJ States and that of Mexico, commonly known as the treaty of 
Guadalupe Hidalgo, and the laws of Congress to give effei-t to the same imd 
the said McGarrahan is now the owner thereof in law or e(iuUy. the said 
court shall report sucii finding and judgment to the Secretary of the Interior, 
who shall cause a patent to be issued therefor to said William Mc( ;ai-rahau. 
as the successor of the said Vicente P. Gomez, or his heirs or a.ssltrns, for 
the land embraced wit hint he aforesaid boundaries, anil that the survey made 
by the United States survej'or-general for the State of California and ap- 
proved b.v said surve3"or-general on the llth day of September. IstV-. which 
survey was approved by the .Se!;retar.v of the Interior December -Jfl. IWj-J. au<l 
is now on tile in the General Land Ofllce, shall be considered as forming part 
of the lands embraced within said boundaries. 

The amendment was agreed to. 

The next amendment was, in section 3, line 28, after the words 
"United States,'' to strike out " upon which there are any smelt- 
ing or reduction works:"' so as to read: 

Provided. That no finding or judgment of the said court in favor of said 
William McGarrahan or his heirs or legal representatives or asslKOs or 
patent to be issued under authority of such findings and judgment shall be 



.1 l.y 



el 



5^1'' \Z '/"^"L /"■,;'?' ""' present holders any portion o( aalta 

described which has been heretofore dlspolcJof by the i - 

Mr. STEWART. With regard t.^ 
simply to say that the United States 
the land is actually patented. 

Mr. TKLLEU. I have as-suroU the Senator that I shall offor 
the amendment which ho has prepared when the nroix-r timo 
comes. I » • ""»" 

Mr. STEWART. Very w.-ll. 

The amend niont wa- 

The no.\t auiendniei. ciion A, lin« 54. aft««r the word 

"conveyed, ' tf) insc-rl ' ' ■ 

And it is hereby made il • __,_, 

of any report made t ■ him •■'"^p* 

forthwith asciTialn n -'^ 

and ex|M'di',ious wl, i ■* 

IheOovernmeiit to I' *' 

Mr. PALMICR. Mr. I'residonl. the worJs • 
seem to have boon inserted delilvj-at !\ r,.r u i. 
ccedingly an.\iuus to know, if it 

that the Unitod Stalo.>* has disp,. \ 

conveyance, whether the words 
ing whatever. If .so, I .should 

friends of the bill to explain wlmi i^ un mi. a t .-, 

those words. 

Mr. TELLER. I will say thai thov w.v,- iot. i,.i,.i 
such cases as the Senator from Novu.: 
to cover by his amendment, whi-re u. 

where the CJovcriiment has allowed iJcuplu Ijgo oulauJ wit) i 
has not issued jiatents. 

Mr. I^.VLMKK. The answer of the Sltiti- • f ' .^ 

by no means sntisfiu-Uiry to any mind »li, ■■ 

the disposition of lands as a fact. I do nn; ,,,. 

ernment can disixjso of title oxcopl by eonvovonco or by hUlulo 
or by some equivalent solemn act. 

Mr. STF.W.VRT. There may bo rights of cquily undvr the 
statute before a conveyance. 

Mr. PAI^MEU. I imderstand that, Inilwould that bcthoc«*o 
if the Government had dispo.nod of the liiiid.' 

Mr. STEW.\KT. It would not i, ,. i .i,i„i{ t)„, am 'ndmonl I 
suggested would be more ajit Ian vur eOHOH <if liuna lido 

claims under the laws of the I'm 

Mr. PALMER. If I can get the iiKuinng ol • i 

Nevada, it is where tracts of land have b-vii con . u 

the United States may have iiorinltted [HM-sons to ha. I 

an inchoate title or an interest. Some meanint; i 
tached to the words. 

Mr. TKLLER. Those words were put in by the oommilU'e 
upon the suggestion of those who ^verc not frieiulK t.. '.1,. '.ill. 
They thought the word "•conveyed"" wim too n i'. 

it enlargctl Mr. .McGarrahan "s "right.t. They.- i 

it to other grounds. The words were llicre'fore p. y 

thefriendsof the bill, but by ihooe who tliouirlil it . .n 

a restriction upon Mr. .McGiirrahan and ii ■ t 

of his rights. With the anieinlmenl to i ih 

prepared by the Senator from Nevada, h all 

right. 

Th- PRESIDING OFFICER. The que-tlon Non tho nmi-nd- 
ment reported by the c,miniilti?i-. 

The amendment was agreed t". 

The next anii.-ndmenl of tho Cimuii 
in section .'t. line:!;"), after the name - -•! 

sti-ike out "orare olhorwiso embrace ., ... ...i.t 

proviso; "" .so as to roatl: 

.•\nd (or the residue of said land ■^liall l-siir .\ |r.>i<-nl to Ihn «a1<1 William 
^'ct;arrahaIl. as hereinbefore i)i" 

The amendment was agiv .. 

Mr. TELLER. Now I iI.mic Uj olTer tli.; ;. 
gested Xici me by the Senator from Nevada f.Mr. 'u 

page •">, in section :i. on lines :;'< and 2',i, I ir. •m. ii< mr 

the commltt'O amendment what 1 send tn 

The PRESIDING OFKICKU. The am. i 1. -•i.i.-.I. 

The Chief Clerk. On page ."., section .'t, n o 

word "States," it is propos«.'d to insert "or \\ • ■' 

bona fide iios-scssion of claimants under the law-b u! tl.u Uuilcd 
States;"" so as to read: 

rroridfd. That iiotlndlii. I 

William McGarrahan or ' r 

patent to l>e Issued no.!. ■ •" 

held to take from tlr • 

described which ha r 

which are In the !>•■: " 
United Slates. 

The amendment was agreed to. 

Mr. TELLER. In sectinn :i. on i age 4. line 20, I move tho 
amendment which I send to the de.sk. 
The PRESIDING OFFICKR. The amendment will bo sUtcd. 



XXIV- 



-159 



2530 



CONGRESSIONAL RECOIID— SENATE. 



March 3, 



The Chief Clerk. Ou ijaye 4, isection 3, liue 29, after the 
word " case," it is proposed to insert: 

Anil sliall give sucli weight to said evidence as the court shall think it is 
enlltlea to receive. 

Mr PERKINS. I sliould like to suggest to the Senator from 
Colorado whuther, in his judg-mont, that is not the law without 
the insertion of such a provision? 

Mr. TELLEl^. It is undoubtedly the law and the committee 
so tli'ought: but some Senators thought it was wise to insert 
this provision, and so we put it in. _ _ _ ^ ■, .,, ^ 

Mr. PERKINS. There should be a provision inserted that 
only such weight should bn given to the evidence as the court 
in its Judgment should deem proper. 

Mr. 'teller. It is imperative on the court not to giv3 it, 
and you can not make it any stronger by changing the language. 

Mr. PERKINS. The court usually gives weight as in its 
iifdgment may be proper. , ,x. , * 

Mr. TELLER. II the Senator prefers to have the words put 
in I have no objection. ,,,,.„ 

Mr. PERKINS. 1 ask to insert ''but shall only give. 

Mr TELLER. Let the amendment be modified in that way. 

The PRESIDING OFFICER. The amendment will be so modi- 
Mr COCKRELL. As modiaed let the amendment be st.ated. 

The PRESIDING OFFICER. The amendment as modified 
will be stated. „ ,. ,_,„ ,^ ,, 

The Chief CLERii. On page i, section 3, line 29, after the 
word "case,'' it is proposed to insert: 

But shall only give such weight to said evidence as the court shall think it 
is entitled to receive. 

Mr FAULKNER. I desire the attention of the Senator from 
Colorado. After the woi-d "weight," in the amendment sub- 
mitted by hira, I should like him to insert, if he will do so— and, 
of course, if he does not, the Senate will not— the words "and 

legal effect." . . ,, ^i j 

Mr. TELLER. I am quite willing to insert after the word 
"weight" the words "and legal effect." .^. , 

The PRESIDING OFFICER. The amendment will be stated 
as modified. 

The Chief Clerk read as follows: 

But shall only give such weight and legal effect to said evidence as the 
court shall thiiikit entitled to receive. 

The PRESIDING OFFICER. The question is upon agreeing 
to the amendment as modified. 

The amendment was agreed to. 

Mr. PALMER. I understand now that all the amendments 
have been disposed of which are proposed by the committee? 

The PRESIDING OFFICER. All of the committee amend- 
ments are disposed of. x- ^ . ^i i -n 

Mr. PALMER. I now move to strike out section 4 of the bill, 
and ask that it be read. , .,, i. * ,. i 

The PRESIDING OFFICER. The amendment will be sUted. 

The Chief Clerk. It is proposed to strike out section 4, as 
follows: 

Sec 4 That IE the said court shall find and adjudge in favor of the said 
William McGarrahan as provided in section 3. the court shall proceed to 
find the value of such portion of land embraced wlthm the houndaries of the 
said "r.ant as may have been heretofore disposed of by the United States 
within the aforesaid boundaries, less the improvements, If any, made on 
s-iid land And it the said court shall find and adjudge that the said W il- 
liam McUarrahau. as the assignee of Vicente P. Gomez is or was entitled 
to the minerals or other valuable substances on, in, or im<ler said lands the 
said court shall proceed to ascertain the value of such miuepls or othei 
valuable substances which may have been extracted from said lands by any 
person, persons, or corporations other than the said Wi lam McGarrahan, 
less the costs of mining and extracting the same. And the said court shall 
report to Congressof the United States the aggregate values of the portion 
of bind and the minerals as aforesaid. 

Mr. PALMER. That is the milk in this cocoauut; that is the 
part of the bill which is regarded, 1 have no doubt, as most val- 
uable to the claimant in this case— the provisions of the bill 
that the law protects all persons who have claims, all persons 
who lune any portion of this land which was conveyed to them 
by the United States or disposed of by the Government to other 
per.'ions than the said McGarrahan. The language is e.xceed- 
in"-lv loo.se and clearly intended to recognize any adverse claim- 
aiit 'having something less than the legal title. Indeed, it is 
aiiparent to my mind that the land which has been disposed of, 
either by conveyance or otherwise, is regarded as having very 
small value, and that the main purpose of the bill is not so much 
to establish a title to the portion of the land undisposed of as it 
is to lay a foundation for a ulaim against the Government of 
the United States, based upon this fourth section of the bill. 

It is to me remarkable that it should be assumed for any rea- 
son in the world that it should be a matter of interest to the 
Congress of the United States to know to what extent strangers, 
corporations, and others, have extracted from the land claimed 
by McGarrahan either minerals or other valuable substances. 



What interest is it to the Congress of the United States that 
that fact should be known? It is upon the ground that the United 
States Government is to be charged with whatever may be found 
to have been the value of the property thus taken from this land. 
And if the said court shall find and adjudge lu favor of the said VS'illlani 
McGarrahan, as provided in section 3. 

That is very happy language, Ijecause thatsection does provide 
that the court shall find for McGarrahan— 

That, if the said court shall find and adjudge in favor of the said William 
McGarrahan as provided in section H, the court shall proceed to find the value 
of su'h portion of laud embraced within the boundaries of the said grant as 
may have been heretofore disposed of by the United .Status within the afore- 
said boimdaries, less the improvemeuts. if any, made on said land. And if 
the said court shall And and adjudge that the said William McGarrahan as 
the assignee of Vicente P. Gomez is or was entitled to the minerals or other 
valuable substances ou, in or luidor said lands, the said court shall proceed 
to ascertain the value of such minerals or other valuable substances which 
may have been extracted from said lands by any person, per-sons. or corpo- 
rations other than the said William McGarrahan. 

That onlj- applies to the lands which may be found to belong to 
McGarrahan if the court shall find that McGarrahan is entitled 
to one league of this land— I use a term with which I am not 
very familiar— still the inquiry would be not only what has been 
taken from the lands claimed by others and disposed of by the 
United States, but from all the lands. 

The said court shall proceed to ascertain the value of such minerals or 
other valuable substances which may have been extracted from said lands 
by any person, persons, or corporations other than the said William McGar- 
rahaii, less the costs of mluing and extracting the same. 

For what purpose? It is suggested by theSenator tomy right 
[Mr. Gr.ay] as the basis of aclaim. It is a question in which tlio 
United States has no legal interest, unle.ss a liability is fixed by 
this bill either by direction or indirection. I protest that noth- 
ing has been developed in this case upon which an apology can 
ta;- predicted for this liability which is so distinctly hinted at in 
the bill; I protest that in a controversy between parties in regard 
to lands granted by the Ltnited States or disposed of by the 
United States, the United States has no interest whatever. It 
can not concern the Congress of the United States what min- 
erals or other valuable substances may have boeu extracted 
from these lands by "any iierson or eoriX)ration other than the 
said William McGarrahan." 

I think I can understand that it might be possible in some re- 
mote sense to attribute a liability to the United States if these 
valuable substances had been extracted from the land by persons 
acting under the authority of the United States. If any grantee 
of the United States had thus extracted minerals, there might 
be some ground for a remote equitable liability; but this is not 
limited to persons who act or claim under the United States. It 
covers the whole field of trespassers and wrongdoers, per,-;on3 
who, with or without pretense of right, without vouching the au- 
thority of the United States, persons who have stolen tliesc min- 
erals, "if such people can be found. 

The ordinary liability of a warrantor is for acts done by him 
or by those claiming under him. Here is a liability hinted at 
and "based on the act of persons not claiming under the United 
States, persons who may claim adversely to the United States, 
persons who may be mere naked wrongdoers. 

Was there ever such a theory of liability imposed upon a 
t'rantor before this most i-emarkable bill? Why should it be so? 
Why should the Government of the United States be placed in 
sucli an attitude? . , . . , -, ., 

In the first place, I assume that the report required is intended 
to bo the basis of a liability. I then ask the question why is it, 
niion what possible ground, can it be claimed that the United 
States shall be even charged by indirection, with liabilities which 
were never imposed upon any natural oi- artificial grantor be- 
fore this bill? Is there any possible view of the case in which 
that can be Just? . 

Mr. President, this, I think, involves the very marrow of this 
controversy. This title is to be made out by the means which 
have been suggested; but the radical, valuable thing is t».3 ulti- 
mate intended liability of the United States. Senators may tell 
me that the bill impo.ses no liability upon the United States, biit 
will they tell mo that it does not contemplate ultimate expendi- 
tures by the Government to the extent impo.sed by the bill? 
with a provision that the court shall report that when minerals 
or valuable substances have been extracted from the land by 
some person or persons or some corporation or corporations 
other than McGarrahan, and then that estimates shall be laid 
before Congress, will it be contended that it is not intended upon 
that report to ask the Congress of the United States to pay this 
man for all of those substances which have been taken from the 
land? . -,. 

If this is an application in good faith, intended only to vinai- 
cate the rights Of the claimant, I insist that its ultimate intended 
impositiou°upon the United States is not necessary. It conceals 
a purpose to impose upon the United States all the value of all 



1893. 



CONGRESSIONAL RECOKD— SENATE. 



2531 



the minerals or other substances which may have been ex- 
tracted from all or any part of these lands, as well those which 
may be adjudt.ed to McGarrahan as those which may be ad- 
judg-ed to other persons and those that maybe adjiKU'cd to have 
been disposed of by the United States. 

Mr. TELLER. I hope we may now have a vote upon the 
amendment, and that it will be vot«d down 

The PRESIDING OFFICER. The question is on the amend- 
ment proposed by the Senator from Illinois [Mr. Palmer], to 
strike out section 4. 

Mr. PALIilER. I should like to have the yeas and navs upon 
that^ Mr. President. . •' ' 

Mr. FAULKNER. Before the motion is submitted to the 
Senate, would it be in order under the rules, to perfect the part 
j)roposed to be stricken out? 

Tlie PRESIDING OPB^ICER. Itwould. 

Mr. FAULKNER. In order to do that, I move in section 4, 
line 10, after the word "lands," to insert " hy the law of Mexico." 

The PRESIDING OFFICER. The amendment will bo stated. 

Mr. TELLER. How does that read? 

Mr. FAULKNER. I propo.se to move in section 4, Hue 10, 
after the wo7-d '-lands," to insert '• by the law of Mexico " 

The PRESIDING OFFICER. The amendment will bo stated. 

The Secretary. In section 4. line 10. after the word '• lands," 
it is proposed to insert, "by the law of Mexico." 

Mr. TELLER. I think the Senator will hardlv offer an amend- 
ment of that kind. What sense does that make " bv the laws of 
Mexico '■? 

Mr. FAULKNER. I will explain what I intend by the amend- 
ment. 

Mr. TELLER. It would then read: 

On, iu, or under said land.s by the l:iv.- of Mexico. 

Mr. FAULKNER. It would road as I propose to amend it: 

And if the said court shall find and adjudge that the said ^Villlanl McGar- 
rahan as tie asignee of Vicente P. Gomez is or was entitled to the minerals 
or other valuable substances on, iu, or imder said lands, by the laws ot Mex- 
ico, etc. 

I will state the object and purpose of the amendment. The 
claim is made that this was a g-raut by the Government of Me.x- 
ico prior to the cession to this country, and that by reason of the 
treaty which was negotiated between the two coini trios all tlio 
rights of parties under those grants were protected l)y that 
treaty. I claim that under the law of Mexico this g-raiitwhich 
was taken out did not carry with it any minerals contained in 
the laud; I claim that it has been adjudicated and decided by the 
Supreme Court of the United States that none of the grants sim- 
ilar to the one claimed by the petitioner in this case conveyed 
to the petitioner any mineral or other valuable substances in the 
lands, and that, this being an agricultural grant, as .set forth in 
the very papers filed by the petitioner himself, under the laws of 
Mexico none ot tho:<o mineral or other valuable substances wore 
conveyed to the grantee. 

That being so. and the liability and obligation of the United 
States resting solelj- upon the treaty which guarantees the pro- 
tection of all those grants, we assumed no obligation greater 
than that authorized by the Mexican gi-ant at the time it was 
made. For that reason, if the court should lind the views whicli 
I express are correct, it would at once decide that the value of 
any mineral or other valuable substances taken from the l;ind 
was not a subject of inquiry. I think, therefore, that is an im- 
liortant amendment. 

The PRESIDING OFFICER. The question is on the amend- 
ment proposed by the Senator from West Virginia. 

Mr. TELLER. I will simply say that that question must bs 
determined under the laws of the United States, and what the 
rights of grantees are under the laws of the United States, may 
depend very much upon what they were under the laws of Mex- 
ico. The court will have both the laws of the United States and 
the laws ot Mexico to pass on. 

The suggestion ot the Senator is a limitation upon the court 
and not an extension: and I should not care to liavo that inserted 
after the committee has passed upon the bill with the under- 
standing we had that the whole matter of title was open to the 
covu'ts of the United States from tho court which first tried it, 
up to the Supreme Court. 

I wish the Senator would withdraw the amendment, because 
we do not wish to spend all night on these little things. 

Mr. FAULKNER. I do not see under what law we have in- 
creased our obligations other than those obligations we assumed 
in the treaty. I am frank to admit that when we grant a patent 
in the United .States it has been held that the grant conveys not 
only the land, but the minerals and other valuable substances 
contained within its boundaries; but that wa.s not the law of 
Mexico, nor was that the obligation assmned under the pro- 
visions of the treaty under which this claim is made. 

For that reason , I do not think we ought to go any further 



than the oblij.'atioii we assumed at that tiiuo by our trwuy agrec- 

MrinUNTON. Id. 
title of the patento • ;. 
tho laws of t!;- ''■'■■ 

Guadalupe 1 i ' 

laws made in 
is bound to ;j 
upon tho pat. 
by the laws u[ tU. 

I trust that t'.ic ; 
will not bo adopU'u. 

Mr. FAULKNEU. I atn iJorfoctly wUliue toaadloUi««„ 

meut 'by the laws lit \i..^ ;.-....- .i... i.. . .. .• 

pa-!sed to carry out tli. 
know that tliero is uo 
Congre.ss which enlari 
sumed in agrooin" to 

ThePUKSLDING Oi , lUc :^u^Uj^ (roa. W-i 

V irgima so mudify hi~ , 

Mr. FAULK NKK. I _ ' lo modify tho •mooa- 

ment tii tlio amendme 

Mr. TELLE!!. Tlia- 

The I'RKSI DI NC; OKl'iCKK. Tho inodiJloAHon of thoaiiu'Ud- 
ment will bo roimrled. 

The SixitCTAiiY. After tho word " Moxloo," In tho proiMnsl 
amendment, insert: 

Or the laws nt ih • Untied Stale-. i>:»ns.-d lo c-ivrry oui Ui»Dro> ; 
treaty. "^ 

Mr. FAULKNKR. I call for tin- v.-nn ,.i„l „ .. . ,.„ 
ment. It is ton important lo be ■■ 

The yeas and nays wore ordon .i 
to call the roll. 

I^lr. FAULKNER. I aak unanimaiu i!on>>t>nt to withdniw th<' 
call for the yca.s and nays, jls it i:/ ' ' ' 
though a quorum i.s actually |ir. 
by Senators wlio nw puire i" not . 

The PRESIDING i )FFli KK. 
ginia asks unanimous cuii-eiil Ih.i 
may be withdrawn. If there b • no .ibjocU'M. 
will be given. The Clinir hrars none. T 
am jndment proposed by the .Senator from Wtat \ irifUiUt IMr 
Faulknkr]. 

The amendment was .■..;,.•(. .i 

The PRESIDENT / . The q 

amendment proposed 1.. iior from I 

to strike out section 4. 

The amendment was rejected. 

Mr. TELLE! t. Now, lot us linvo » 

Th:! bill was r.'port'd tothcSonatcii Mieiunond- 

ments were concurred in. 

Mr. CHANDLKll. Ishoidd likoloa'ik th 

rado whether there Is iinytliin;,' in tho bill » . 

scl for the Governmc:it from provlnu any (act which ihoy •: 
important to pi-ove in thi.s case? 

Mr. TELLER. We p it ihnl in 
the (Jovemraent wanted lo iirovi' 

Mr. COCKKELf-. I ■ ' ' 
of section (i, which Is -.i 

The Attorney-' :■"■'■ 1 ■■■ 

Slates in any ji 

I appeal to ■ i tn «;ny • 

torney-General or any niio u. liis 
and labor which is ni'ci's-^nry to ■ 
of this kind, witli till- i 
upon them by law. ami 

-Mr. TELLKU. If In 
gladly i!c,ept any amen 

Mr. COCKUELi,, 1 
Attorney-Genera' . 
tent or learned cii 

Mr. TKLLK.U. 

The PRIiSIDK.N 
the .Senator from .w. — 

Tho ClIIKF Cf,KKK". ' 
'• associates," it is prop • 
learned counsel as he in 

Mr. CHANDLKR. nitnn') thnt the Senator from 

Missouri will I with which lo 

pav the conn- 

Mr. HAKKl-. • .■..-■.i thot. 

TLie aiuendni'-n' 

The bill wa> . ■ ssod for • third nmiing, and it 

was read tho 

The PRESI . • teiniunr. The question U, Shall tho biU 

pass? 



2532 



C0NGRE8HI0NAL RECORD— SENATE. 



Maech 3, 



Ml'. PALMER. I at^k for the yeas and nays on the jiassage of 
the bill. 

The yeas and nuys were ordered, and the Secretary procjeded 
1o call the roll. 

Mr. BATE (when his name was called). On the main question, 
by a<^-reement, I am paired with the Senator from Washington 
[Mr. Ar-LENJ. with the right reserved to vote if necessary to make 
a qviorum. I should vote " nay '' if at liberty to vote. 

Mr. CAREY (when his name was called). I am paired with 
1ho Senator from Soulh Carolina [IMr. Irby], but I \mderstand 
he is in favor of this bill, and so I vote " j'ea." 

Mr. DAVIS (vfhen his name was called). I am jiaired with 
the Senator from Indiana [Mr. TejRPiE], but having been in- 
formed that he would for the bill if present, I shall vote. I vote 
"yea." 

Mr. PASCO (when his name was called). I am paired with 
the Senator from North Dakota [Mr. Casey]. If he were present 
I should vote "nay.'' 

Mr. Pl'7rTIGRKW (when his name was called). I am paired 
wilh the Senator from West Virginia [Mr.C'.AMDEN]. If he were 
present I should vote "yea." 

Mr. VEST (when his name was called). I am paired with the 
Senator from Iowa [Mr. WILSON]. It he were presjnt I should 
vote "nay " and he would vote " yea." 

The roil call was concluded. 

Mr. PETTIGRKW. I transfer my pair with the Senator from 
West Vir^^-inia [Mr. Camden] to the Senator from North Dakota 
[Mr. CASliYJ and vote "yea." 

Mr. PASCO. Under the arrangement just announced by the 
Senator from South Dakota I fee! at liberty to vote. I vote 
"nay." 

Mr. GALLINGER. I am paired with the Senator from Te.xas 
[Mr Mills]. If he were present I should vote "yea." 

Mr. HARRIS. Is there a quorum present':' 

ThePRE^SIDENTpro(e»ipore. The Chair understands there is. 

Mr. HARRIS (after having voted in the affirmative). I am 
paired with the Senator from Vermont [Mr. Morrill], who is 
necess-irily ab.sent. I witlidraw my vote. 

Mr. PERKINS. On this bill I am paired with the Senator 
from Georgia [Mr. GORDON]. It present he would vote "yea" 
and I should vote "nay." 

The result was announced — yeas 37, nays 12; as follows: 

YEAS— 37. 

Brice, Felloii, Jones, Nev. .Squire, 

Butler, Frye, Kyle. Stockbridge, 

Call, Gibson, McMil'au, Teller, 

("ameron, . Gorman, Mitchell, Vnorhees, 

Carey, X Hale, Paddock, Wan'cn, 

Cbandler, 15 Hansbrough, PeSer, Washburn, 

Coke, "^3 Hawley, Pettigrow, Wolcott. 

Daniel, c: Higglns, Power, 

Davis, Hill, Pugh, 

Dubois, 03 Hunton, .Shoup, 



CO 



NAYS— 12. 
Blackburn, " HlscocU. Palmer, 

Cockrell, ■•— ' Lindsay, Pasco, 

B'r.ulkner, ^ McPherson, Proctor, 



a> 



Sawyer, 
Stewart, 
White. 



NOT VOTING-39. 

.Mdrich, -^ ' Cnllora, Irby, Sanders, 

Allen. ^ Dawes, Jones, Ark. Sherman, 

Allison, f Dixon. Mandersou. Stanford, 

Bate, t_ Dolph. Mills, Tnrpie, 

lie-rry, o Galllnger, Moi-gan, Vance, 

Hloilm-tt, L4_ George, Morrill, Vest, 

CaiT.'ry, Gordon, Perkins, Vilas, 

Camden, Gray. Piatt, Walthall, 

Casev. Harris, Quay, Wilson. 

CohiiiiU, Hoar. Ransom, 

So the bill was passed. 

ENROLLED BILLS SIGNED. 

A message from the House of Representatives, by Mr. T. O. 
TOWLKS, its Chief Clerk, announced that the Speaker of the 
House had signed the following enrolled bills', and they were 
thereupon signed by the President jim tempore: 

A bill (H. R. r)022) for the relief of Lucy Sprotberry; 

A bill (H. R. 2i)77) for the relief of William B. Price; 

A bill (H. R. HOD) granting a pension to Mary Catherine Rear- 
don; 

A bill (H. R. 6212) granting an increase of pension to Ellis P. 
Phipps, late lieutenant in Company A, Twelfth New Jei'sey Vol- 
unteer Infantry, invalid certificatj No. ,'.!5(il',); 

A bill (H. R. G2!.'i) granting a pension to Thomas T. Prather: 

A bill (H. R. i'X)'>) granting a pension to Susannah Chadwick; 

A bill (H. R. 4804) to place the name of Sarah L. Van Nest on 
the pension list; 

A bill (H. R. 5508) to place the nameof SabraA. Wolcott upon 
the pension rolls; and 

A bill (H. R. lO.'JlO) making appropriations for the service of 
the Post-Office Department for the fiscal year ending June 30, 
1894. 



REPORT OP NATIONAL ACADEMY OF SCIENCES. 

Mr. HAWLEY. I report by direction of the Committee on 
Printing a concurrent resolution to print 3,500 cojjies of the 
usual annual report of the National Academj' of Sciences, pre- 
cisely the same number and in the same wording as i.s done every 
year under the law. 

Mr. COCKRELL. Let the resolution ba reported for informa- 
tion. 

The PRESIDING OFFICER. The resolution will ba reported. 

The Secretary read as follows: 

h'csolved by the Sennfe {the House of Representatives concurring). That there 
l}e printed 3.500 additional copies of the report of the National Acadeiay of 
.Sciences for the year 1893, 500 copies for the use of the Senate, l,OOJ copies for 
use of the House, and '^,001) copies tor use of the National Academy of Sciences. 

Mr. HAWLEY. I ask for the present consideration of the 
resolution. 

The re,solution was considered by unanimous consent, and 
agi-eed to. 

COMPILATION OP LABOR LAWS. 

Mr. MANDERSON. I am directed by the Committee on 
Printing to report favorably a House concurrent resolution, 
which I send to the desk, and for which I ask present considera- 
tion. 

The resolution was considered by unanimous consent, and 
agreed to as follows: 

liesolced by the House of Eepresentatioes {the Senate concurring). That 5,500 
copies be printed and bound of House report 1960, being a compilation of 
the labor laws of the various States and Territories and the District of Co- 
lumbia. '2,.50O copies being for the use of the Commissioner of the Depart- 
mei'.t of Labor, 1.000 for the Senate, and 3.000 for the House of Kepre-senta- 
fives. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. T. O. 
TOWLES, its Chief Clerk, announced that the House had agreed 
to the report of the committee of conference on the disagreeing 
votes of the two Houses on the amendments of the Senate to 
the bill (H. R. 1025S) making appropriations to supply defi- 
ciencies in the appropriations for the fiscal year ending Jime 
,'iO, 1893, and for prior years, and for other purposes, numbered 
3(1, 03, 04, 00, 07, 68, 09, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 94, 95, 90, 97, 
OS. 99. 108. 150, 160, 161, 165, 166, 167, 168, 169, 170, 171, 173, 174, and 
176. 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House 
had signed the enrolled bill (H. R. 10488) making appropriations 
for the naval service for the fiscal j-ear ending June 30, 1894, 
and for other purposes: and it was thereupon signed by the 
President pro tempore. 

DEFICIENCY APPROPRIATION BILL. 

Mr. HALE submitted the following report: 

The connulttee of conference on the disagreeing votes of the two House.i 
on certain amendments of the Senate to the bill 'II. R. 10358) '■ m.aking ap- 
propriations to supply deflciencies in the appropriations for the fiscal year 
ending June 30, 1893, and for prior years, and tor other purposes," having 
met. after full and free conference have agreed to recommend and do rec- 
ommend to their respective Houses as follows: 

That the Senate recede from its amendments numbered 30, 63, 64, 66, 67, 68, 
l>9 70, 71. 73. 73. 74. 7.i. 76, 77. 78, 79,94. 95. 96, 97, 98, 99. lOS. 150, 165, 166, 167, 168, 
169. 170. 171. 173, 174, and 176. 

That the House recede from its disagreement to the amendment of the 
.Senate numbered 177; and agree to the same. 

That the House recede from its disagreement to the amendment of the 
.Senate numbered lliO. and agree to the same v.-lth an amendment as fol- 
lows: Strike out all after the word "dollars" in line 34, page 1, of said 
n.i>-.c-.fl'"'^nt down to and including line 30, and lines 1, 2, and 3. and the 
words' j.i-' 'jr,-;ty-two cents" in line 4, page 2, of said amendment: and the 
Se-AiVe a-^^'ri^Hhe same. 

That tho'-ii'-Uise recede from its disagreement to the amendment of tha 
Senate niimb.'ired 161, and agree to the same with an amendment as follows: 
In lieu of thr/sv n proposed insert "J334, 165.96;" and the Senate agiee to the 

EUGENE HALE, 
W.B.ALLISON, 
F. M. COCKRELL, 
Managers on the part of the Senate. 
JOSEPH D. SAYERS, 



I 



.0/ 

,0'.l 

^'>8 



W. S. HOLMAN. 
NELSON DINGLEY, JR.. 
Managers on the part of the House 



Mr-i STEWART. I should like to inquire what the report 
contains and what it means':* 

Mr. HALE. The in-evious report of the conference committee 
left open the items for the Pacific Railroad, the French spolia- 
tion claims, and an item for the clerks. 

Mr. STEWART. Clerks of Senators? 

Mr. HALE. Not the item touching the expenditure and ap- 
pi'opri-ations forclerks in the future; that matter is entirely set- 
tled. 

Mr. COCKRELL. The disagreement relates to the pay oi 
clerks to Senators for October and November, 1890. 

Mr. HALE. Yes. That matter for the future has been set- 
tled by action upon other appropriation bills and the joint reso- 
lution of the House. On the disagreement covered by the pre- 



1893. 



CONGIIE.SSIONAL KECOKD— .SENATE. 



•2533 



vious report the matter went to the House for a"tion. A yea- 
and-nay vote was taken there upon the French spoliation claims. 
with a result which I regret very much and which I think was 
•wrong, a, result in which people wliom I represent are very 
deeply interested; but the majority was so large, tlie expression 
in the House was so explicit that I have not felt that at this 
stage of the session it was worth while to resist longer. The 
French spoliation claims were defeated by a largo majority. 
The other two items to which I havo referred were defeated by 
practically a unanimous vote of the House. 

Therefore the conference committes has receded from those 
items, leaving the bill to pass with the other greater items upon 
it, the item for a deficiency in the appropriation for soldiers' 
pftnsions. and the other large items in the bill, because the con- 
ferees believed that it would not bo possible to bring the Housa 
of Representatives to accord with the Senate on these subjects. 

They will all go over if the report bo concurred in. and will 
come up for action in subsequent Congresses. Whatothcr Con- 
gresses will do nobody can predict. But the conferees on the 
part of the Senate have not felt that it was wise to delay longer 
after getting this e.xpression of the House. As I have said, I 
regret very much that that e.xpression was not the other way, 
but the report is on the basis of agreeing now and ending the 
matter and sending the bill to the President. 

Mr. STEWART. Mr. President, I do not know that the com- 
mittee could have done otherwise, but it iKems to mo very re- 
markable that such plain obligations of the Government should 
not be paid, particularly judgments of a court, the Supreme 
Court of the United States, in regard to matters whieli havo been 
deliberately examined, arising in contracts against which there 
is no offset, the parties having no contract relations with the 
Government, and judgments drawing 4 per cent interest besides. 
It seems vei-y remarkable that such judgments should be denied 
payment. 

A great deal is said about the honor of this Government in- 
volved in its sacred contracts. When it Is necessary to save the 
honor of the Government in favor of one class of creditors we 
often change the currency in which they are to bo paid, doubling 
it and doubling it, making contracts payable in greenbacks, con- 
tracts payable in coin, and then we make contracts payable in 
gold — multiplying them. When a contract for carrying the 
mails has been performed and payment refused without any pre- 
text and that case comes before the United States Supreme 
Court, and they hold the contract is binding, that there is no 
offset, no equity against it, and Congress refuses year after year 
to pay it it, seems to me it places the Government in a very false 
position. 

The pretext for such conduct is tliat some of the Paciflc rail- 
roads — not these nonhonded roads — have contracts with the Gov- 
ernmentand are owingithe Government. But the Supreme Court 
have held that there is nothing duo from them; that under the 
Thurman act there was a settlement made; that they liave com- 
plied with it; that they have paid all that was to be paid, noth- 
ing being presently due, though there may b3 something to fall 
due at a futm-e time. 

It is proposed to enforce the obligations of the Government 
against these roads when they fall due, but in the meantime 
the Government refuses to fulfill this contract. That is putting 
the Government in a false position. It seems to me tliat that 
is not an honorable way of dealing in business transactions. 

I hope that at the ne.xt session there will be plen ., oi time, 
when this matter can be discussed a little more f^ y. I have no 
doubt that the action elsewhere results from a total misappi'e- 
hension of the facts. I do not suppose that tlio situation is un- 
derstood or known. This was a plain contract against which 
there is no offset; the Judgment is drawing t jc; cent interest, 
and it is an obligation which the (Jovernment rt "uses to pay. I 
suppose there arc very few Senators and vci-yfcw. '- nvhere who 
have ever had this matter brought to their attci. n so as to 
know hov,r plain and simple a contract this is, and w abso- 
lutely the Government of the United States has ret" to ful- 
fill the contract. . ■ ■ ''' 

The PRESIDENT pro tempore. The question i* " -"curring 
in the conference report. 

The report was concurred in. 

C.\PT. PHAKOS B. URUBAKER. 

Mr. HANSBROUGH. I ask for the present consideration of 
tiie resolution w^hich I send to the desk. 

Mr. COCKRELL. Lot it be reported for information. 

The PRESIDENT pro tempore. The resolution will be re- 
ported. 

The Secretary read as follows: 

Reso'ved, That the SecreLirv of State be, and ho hereby I3, directed to tor- 
ward to the .Senate, at the earliest date pcsslblc, all Information In his pos- 
enssinn with respect to the alleged capture and imprisonment by Honduras 



omclalsof Capl. Pharos B. BraUiker a cii!.-.*u of the Dnllel Su, 
resident of the cliy of Fargo. Statv ot .\„rtb UakotaT 

. The PRESI DENT pro Umpon. The question la on tbo adop- 
tion of the resolution. -Mvp- 
The resolution was a-^reed to. 

HUDSON lUVER BRUXJE, 

Mr. HILL. I move lliul the .Sonattj |)r.x>.>.-<1 to \\\n <«nn<>il(>nk 

tion of the '■'" -^ ■■■ '■ . .> 'w 

Jersey Bii 

across the \- j:" 

of New .Ter.-,ey. There is no confortsnoe t^OInlI. ,1. 

ing now, I believe. 

Mr. VEST. I ask iho > ,„ 

allowthis tiridgo bill t) b ,|| 

up a pension bill. 

Mr. HILL lla.s the bill b-en UWon up? 

Thel'UICSIIJlCNTpivjf.moryir. Not vol. Thoqti .. 

taking uj. the bill. i- } h 

Mr. HISCtJCK. I call for the voom and nay* .. on 

to take up the bill. 

The yeas and nays wore ordered, and thoSooruUry i>r<NV<odad 
to call the roll. ' 

Mr. CARKV iwhen his name wiu» calludj. I am i>air^~il witli 
the Senator from South (.>.-. i.. . 1 \i.- I'r'iyJ. 

Mr. DAVIS (wh.n hi^ ,1).' I am uaiixHl with 

the .Senator from Indiana 

Mr. G.\LLINGEI{(wlieii his im: ..j 

with the Senator from T.-xas |.Mr. .^; ju 

his seat. 

-Mr. McMILLIN (when his uoniu wa» cillod). On Uiia qiM»> 
tion I am paired with the Senator from North Carolina (Mr 
Vance]. 

Mr. PERKINS (when his nam ■ v. a- .Mtled). I am |>ain.>d wllh 
the Senator from Georgia |Mr. ' 

Mr. SAWYER (when his nu: ..d). I am palr^ with 

my colleague (.\Ir. VilasJ. 

Mr. WHITE (when hi.i name was called). 1 am paired with 
the Senator from Neva-la (Mr. JON»ai]. 

The roll call was concluded. 

Mr. GALLINGK.I5. As I am '><^'-'- 1 1 ■■ -• ■ Mx 

the Senator from Toxius l.\Ir. M .|a 

[Mr. Pasco] is paired with th<- ~ ;r. 

Casey]. It has lx:en agrofd that lliu p.i .m 

Te.xas [Mr. -Mills] be transferr-'d to tl: ^ ih 

Dakota [Mr. CasevI, and that the SLMiiit-.r [rum 1 ;.ji Ida [Mr. 
Pasco] and myself shall vote " nay." 

Mr. HAKHIS. I am paired wi'tli " -.' — < nnt 

[Mr. Morrill), and I sugg.'-t tolh. Ir. 

McMlLLA.v], who is paire.l with tli. . <>• 

Una [Mr. Van'CeI, that we li'ansfor mir |uiin<. 1 ..ly 

voted "yea,'' and I shall have to wlthdniw my v>'. ■ lio 

Senator agrees to my suggestion. 

Mr. McMILL.VN. Very well. Under that arraa^<monl, I 
vote " nav." 

.Mr. MITCHELL (after having vol-jd In the nojrallvo)- I havo 
been requested to pair with th«> Senator from Montana |.\lr. 
Sanders]. If I can have the n^suranci! that ho U in favor of 
this motion, then I am willing to pair. 

Mr. BL.\CKHLTRN. I hn.eatolcgrai m 

Montana a.-^king nio to pair him In fHvm 

Mr. .MITCUKLL. I am wil ' 
surance is given. Ix'cause I am 

.Mr. HLACKHUUN. I giv. • 

Mr. MITCHELL. Then I v to, nml announce 

thati am paired with the Sena' n[.Mr, .SaSkkiwJ. 

If ho were here I should vote " im> . ' 

Mr. H.\LE (after having vot-'d" in ih" n-eatlvni, T am la- 
formed that my regular pair, i! -• ■ "inj 
[Mr. Ransom)", who I think h:i .<>- 

tion. That being the ease. I r.,,.. ..., , in, 

and withdraw my vote. 

Mr. HUNTON. 1 have a general pair witt. l!..- 9■^■r.a•■-^ from 
Connecticut [Mr. Pl.\Tt1, with the un.l .'T 

of us may vote to make a quorum. If th' it 

my vote I desire t<i withhohl it. 

The PUKSI DKNT ;», " '- ,u,,nrt: There in not. 

Mr. IIUNTDN. I v<.l. 

Mr. IvVLE. I voted ill. •;«- 

tion with the Senator fnu. ■ ill 

transfer my pair so that th^' '"' 

paired with the Senator from ^ 1 

will let ray vote stand '•yea." 

Mr. FELTON. 1 am paired with the S nalor from Ohio (Mr. 
Brice], but I shall take tli. reaiwn-ibi' • ' — :njf "y«a ' In 



2534 



CONGRESSIONAL EECORD— SENATE. 



M.atCH 3, 



order to bring up this question. That does not commit me as to 
liovv I shall vote on the passage of the bill. 

Mr. CULLOM. I announce that I am paired with the Senator 
from Delaware [Mr. GRAY], and therefore do not feel at liberty 
to vote. 

Tlie result was announced — yeas 24, nays 15; as follows: 







YEAS 


-34. 




Bate, 




Daniel, 


Hill, 


Pettigrew, 


Horrv, 




Tfaullsner, 


Huuton, 


Pugh, 


BLar^kljum 


• 


Feltou, 


Ivyle, 


Squire, 


Butler, 


X 


Gibson, 


Jjlndsay, 


Stewart, 


Call, 


a> 


Han.sbrougli, 


Palmer, 


Vest, 


Colto, 


-n 


Harris, 


Pasco, 


Voorhees. 




" 


NAYS-I5. 




Cameron, 


as 

C/3 


HigKlns, 


Paddock, 


Slonkbridge, 


Duboi.s, 


McMillan, 


Peffer, 


Washburn, 


Fryo, 


McPherson, 


Proctor, 


Wolcott. 


Ciallinger, 




Mandersou, 


Shoup, 








NOT VOTING— lit. 




AUli-k-h, 


Davis, 


.Tones, Ark. 


Shermau, 


Allen, 


•-2-1 


Dawes, 


Jones, Nev, 


Stanford, 


Allison, 


.jO 


DLxon, 


Mills. 


Teller, 


Blodgelt, 


3 


Dolph, 


Mitcliell, 


Tiu-pie, -' 


Brice, 


CO 


George, 


Morgan, 


Vance, 


Caffi-ry, 


L. 


Gordon, 


Morrill, 


Vilas. 


Camden, 


o 


Gorman, 


Perlnns. 


Walthall, 


Carey, 


u_ 


Gray, 


Piatt, 


Warren, 


Casey. 




Hale, 


Power. 


White, 


Chandler, 




Hawley, 


Quay. 


Wilson. 


Cockvell, 




Hiscoclt, 


Ransom, 




Cokiuitt, 




Hoar, 


Sanders. 




CuUiim, 




Irby, 


Sawyer, 





The PRESIDENT pro lempore. No quorum has voted, and the 
Secretary will call the roll. 

Mr. HARRIS. I sug-g-cst a call of the Senate instead of the 
ordinary roll call. Senators who have absented themselves on 
this the last night of the Congress ought to be sent for and 
brought back here. 

Ml". STEWART. We shall have to have a roll call to ascertain 
whether or not there is a quorum present. 

Mr. HARRIS. Very well; but I am not sure there is a quorum 
present. 

The roll was called, and the following Senators answered to 
their names: 



Bate, 


Davis, 


Hiscock. 


PefTer. 


Berry. 


Dubois, 


Hun ton. 


Perkins, 


Blackburn, 


FauUiuer, 


Kyle, 


.Sawyer, 


Brice. 


Fellon, 


Lindsay. 


Shoup, 


Butler, 


Frye, 


McMillan, 


Sqiure, 


Cameron, 


Galltnc:er, 


McPherson. 


Teller, 


Carey, 


Hansbrough, 


Manderson. 


Vest. 


Chandler, 


Harris. 


Mitchell. 


Voorhees, 


Cockrell, 


Hawley, 


Paddock, 


Warren, 


Cullom, 


Higgins, 


Palmer, 


Washburn, 


Daniel, 


Hill, 


Pasco, 


Wolcott. 



The PRESIDENT pro lempore. Forty-nine Senators have 
answered to their names. A quorum is pre.sent. 

Mr. HARRIS. I rise to a parliamentary inquiry. From the 
roll call upon the question a few moments ago it is evident that, 
while there is a quorum here, as the roll call just taken develops, 
thei'e is not a voting quorum, because of the existence of pairs. 
Is it in oi'der to move a call of the Senate, and that the Sorgeant- 
at-Arms bo directed to ask the return to the Senate of ab.4ent 
Senators? 

Mr. STEWART. Certainly, you can make that motion. 

The PRESIDENT pro tempore. The Chair thinks such a mo- 
tion would be in ordei'. 

Mr. HARRI.S. I make that motion. 

The PRESIDENT pro tempore. The Senator from Tennessee 
[Mr. Harris] moves that a call of the Senate he had for the pur- 
pose of sendino- for absentees. 

]\Ir. VOORHEES. Allow me to ask the Senator from Ten- 
nessee whether in making pairs it is not a part of the rule that 
for the purj'oses of a quorum a pair does not prevent a Senator 
frOKi voting'':' 

Mr. HARRIS. That is a very general agreement, and yet 
Senators who are paired very often feel embarrassed and decline 
to vote. The vote upon this question shows the wantof a voting 
quorum by several Senators. 

" Mr. VOORHEES. C'ertainly Senators ought not to feel eiu- 
barassed under those circumstances. I should not. 

Mr. HARRIS. I will withdraw the motion, and let the roll 
call proceed upon the pending question. The Senator from In- 
diana [Mr. Voorhees] and others will then see that we have 
not a quorum. 

Mr. VOORHEES. I have no desii'c to antagonize the Senator 
from Tennessee, for he certainly is better authority on questions 
of this kind than I am. I only made the suggestion, and I hope 
no Senator will feel bound to withhold his vote by reason of a 
pair and thereby brcalc a quorum. I know I shall not. 

Mr. HARRIS. I yield to the suggestion of the Senator from 
Indiana, and withdraw my motion for the present. 



The PRESIDENT pro tempore. The Senator from Tennessee 
withdi^iws his motion. 

Mr. WHITE. In answer to the Senator from Indiana [Mi'. 
Voorhees], I will say that the Senator from Nevada with whom 
I am paired [Mr. .Jones] came to me this evening and said: "I 
am obliged to be ab.-ent myself, and I am opposed to taking up 
the New York bridge bill: will you pair with me?" I consented. 
If I had voted I should have violated the express terms of my 
pair. 

Mr. VOORHEES. Every Senator in this body with sufficient 
intelligence to be a member of it knew in the early part of the 
evening that this was to bs an all-night session; and everybody 
Ivnows that after midnight there comes a time when a quorum 
is in danger. I think every Senator who makes a pair and ab- 
sents himself understands that the Senator with whom he is 
paired has the reserved right to vote in case a quorum is in- 
volved. Of course the Senator from Louisiana and every other 
Senator will have to determine that question for himself, but 
that is the way I should determine it. 

The PRESIDENT pro tempore. The last roll call having dis- 
closed a quorum, the Secretary will now call the roll upon the 
pending question, which is to "take up what is known as the New 
York and New Jersey bridge bill. 

The Secretary proceeded to call the roll. 

Mr. CAREY (when his name was called). I am paired with 
the Senator from South Carolina [Mr. Ikby]. 

Mr. CHANDLER (when his name was called). I am paired 
with the junior Senator from New Jersey [Mr. Blodgett]. 
Therefore I do not vote. 

Mr. CULLOM (when his name was called). I am paired gen- 
erally with the Senator from Delaware [Mr. Gray]. We have, 
however, an imderstanding that when a quorum is necessary we 
may vote. I vote '' nay." 

Mr. DAVIS (when his name was called). I am paired with the 
Senator from Indiana [Mr. TURPIE]. 

Mr. GALLINGER (when his name was called). I will again 
announce that I am paired with the Senator from Te.xas [Mr. 
Mills]. The Senator from Florida [Mr. Pasco] is paired with 
the Senator from North Dakota [Mr. Casey]. The pair of the 
Senator from Texas [Mr. Mills] will be transferred to the Sen- 
ator from North Dakota, and the Senator from Florida and I 
will vote. I vote "naj'." 

Mr. HISCOCK (when his name was called). I am paired with 
the Senator from Arkansas [Mr. Jones]. 

Mr. HUNTON (when his name was called). I am paired with 
the Senator from Connecticut [Mr. Platt] with the understand- 
ing, however, that either of us shall vote in the absence of the 
other in order to make a quorum. I vote "yea." 

Mr. KYLE (when his name was called). I have transferred 
my pair from the Senator from California [Mr. Stanford] to 
the Senator fi'om South Carolina [Mr. Irby], and I vote " yea." 

Mr. WHITE (when his name was called). lam paired with 
the Senator from Nevada [Mr. Jones]. I transfer that pair to 
the Senator from West Virginia [Mr. C.^MDEN] and vote "yea." 

The roll call was concluded. 

Mr. COCKRELL. I am paired with the senior Senator from 
Iowa [Mr. Allison], and have been all the evening. 

.Mr. DUBOIS. At the request of the Senator from Oregon 
[Mr. Mitcitell], I announce his pair with the Senator from 
Montana [Mr. Sanders]. 

The result was announced — yeas 26, nays 10; as follows: 







NAYS— 2G. 




Bate. 


Daniel. 


Hunton, 


Squil'e, 


Bcn-y. 


F'aulkuer. 


Kyle, 


Stewart, 


Blackburn. 


Feltou. 


Lindsay, 


Vest.. 


Bi-ii-e. 


Gibson, 


Palmer, 


Voorhees. 


Butler. 


Hansbrough, 


Pasco, 


White. 


Call, 


Harri.s 


Pettigrew, 




Coke. 


Hill. 


Pugh, 
YEAS— 16. 




Cameron, 


Gallinger, 


Paddock, 


Teller, 


Cullom, 


Higgins, 


Pefter, 


Warren, 


Dubois, 


McPherson, 


Shoup, 


Washburn 


Frye. 


Mauder.son, 


■Stockbridge, 


Walcott. 




NOT VOTING-40. 




Aldrich. 


Dawes, 


Jones, Ark. 


Ransom, 


Allen. 


Di.KOit. 


Jones. Nev. 


Sanders. 


Allison. 


Dolph, 


McMillan. 


Sawyer, 


Blodgett, 


George, 


Mills, 


Sherman, 


CaHery, 


Goi-don, 


Mitchell, 


Stanford, 


Camden, 


Gorman, 


Morgan, 


Turple, 


Carey. 


Gray. 


Morrill, 


Vance, 


Casey, 


Hale, 


Perkins, 


Vil.as, 


Ch<andler, 


Hawley, 


Platt, 


Walthall, 


Cockrell, 


Hiscock, 


Power, 


Wilson. 


Colquitt, 


Hoar, 


Proctor. 




Davis, 


Irbv. 


Quay, 





The PRESIDENT pro temime. 
roll will be called. 



No quorum having voted, the 



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